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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Case of Sutherlandshire. [1741] 1 Elchies 260 (28 July 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010260-011.html |
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Subject_1 MEMBER OF PARLIAMENT.
Case of Sutherlandshire
1741 ,July 28 .
Case No.No. 11.
Click here to view a pdf copy of this documet : PDF Copy
In this case, the Sheriffs and clerks procurators waved the dilatory defence, that the House of Lords had not judged of the election; and upon hearing the cause, the Lords seemed to think that an adjournment was against law; that however, as that was the deed of the freeholders, it could not affect the clerk, who was bound to obey the majority; nor the Sheriff, who was to take his return from the clerk, who in this case was unanimously chosen. But in this case it being alleged, and a proof offered of a previous concert of the freeholders for bribing Sinclair to trifle away the time, and to adjourn till the return of their express from Edinburgh, and that the Sheriff-Depute and clerk joined with them in that concert, we allowed a proof before answer of several matters contained in a condescendence by the pursuer; but several articles were refused.
The electronic version of the text was provided by the Scottish Council of Law Reporting
