Scottish Court of Session Decisions

Subject_1 MEMBER OF PARLIAMENT.

Case of Sutherlandshire

Date: 17 February 1741
Case No. No. 7.

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In the case of the Shire of Sutherland many particular questions and objections were decided not worth inserting here; but the most material were; 1mo, Though a Michaelmas meeting of freeholders cannot sustain an objection that had been overruled by a former meeting, yet that they may appoint a diet for the parties attending this Court for a decision, was the opinion of several, but no occasion to decide it. 2do, Sir John Gordon's being declared infamous by this Court, in terms of the act 1621 anent fraudulent bankruptcy, was found no sufficient objection to his voting or being enrolled. 3tio, It was generally thought, but not determined, that a freeholder whose estate is sequestrated at the suit of creditors, may vote and be enrolled. 4to, Though a Michaelmas Court ought not to turn a man out of the roll on an objection to his titles without giving him an opportunity of producing them; yet Gordon of Delpholly being turned out on an objection that he was not infeft, we found that he ought not to be reponed, since he does not now produce an infeftment. 5to, Found that purchasers maybe added to the roll at these Michaelmas meetings, (contrary to the above case of Berwickshire, No. 2.) This last found by the President's casting vote. 6to, That in complaints for refusing to put on the roll, as well as in complaints for wrongously enrolling founded on the act 1681, it is not necessary to call all the freeholders standing on the roll, but only the parties contraverting ought to be called in terms of that act; though in declarators founded on the common law, one could not declare his right to be enrolled without calling all freeholders on the roll, because they all have interest. And 7mo, Found that in this shire all heritors and wadsetters, whether holding of the Crown, or Crown's vassals, or of sub-vassals, have right to vote without regard to their old extent or valuation. The Lords ordered the Sheriff-clerk to insert in the Sheriff books the roll as amended by these several interlocutors. Vide inter eosdem, 28th July 1741, infra. Vide Case of Dumfries, No. 4.