Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MEMBER OF PARLIAMENT.
Subject_3 A person, after voting for Preses and Clerk, went out of the Court-room to an antechamber, where he waited till he heard his name called, to give his vote for the Member being elected, and, instantly appearing, gave his vote. There being no opportunity previously to put the trust-oath, it was tendered to him immediately after giving his vote, when he refused it, as being out of time. The Freeholders having sustained the vote, the Lords found they had done wrong, and ordered the person's name to be expunged from the roll.

James Brodie of Brodie
v.
Keith Urquhart of Meldrum

Date: 7 July 1784

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[Folio Dictionary, III. 421 ; Dictionary, 8779.]

In this case the Lords were unanimously of opinion, that wilfully to evade the taking of the oath of trust and possession, was equivalent to the refusing to take it; and therefore,—

On the 7th July 1784, “They sustained the complaint, and ordered the name of Mr Urquhart to be expunged from the roll, and found him liable in L.10 of expenses.”

For the complainer,—Wm. Honeyman. Alt. A. Wight.