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Scottish Court of Session Decisions >>
William M'Dowall v George Crawford. [1787] Mor 8767 (20 February 1787)
URL: http://www.bailii.org/scot/cases/ScotCS/1787/Mor218767-148.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. III.
Nominal and Fictitious.
William M'Dowall v. George Crawford
Date: 20 February 1787 Case No. No 148.
Objection of the estate being reserved in the freeholder for the purpose of giving him a right to vote, repelled.
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In the year 1781, George Crawford was enrolled among the freeholders of the county of Renfrew, as superior of the lands of Langside.
In the year 1783, he conveyed his right in these lands by a disposition, containing a procuratory of resignation, and a precept of sasine, to Lord Sempill, who immediately took infeftment in virtue of the precept.
So matters continued till the year 1786, when an objection was regularly lodged by Mr M'Dowall to Mr Crawford's continuing on the roll; and, on 9th October of that year, being the day before the meeting for election, Lord Sempill executed a procuratory of resignation, ad remanentiam, in the hands of Mr Crawford, and the instrument following thereon was immediately recorded.
At the meeting for election, Mr M'Dowall objected to Mr Crawford's qualification; 1st, As being contrary to the act 10th Ann. requiring the right of the freeholder to be complete twelve months before the election, Russell contra Ferguson, 7th March 1781, infra, h. t; and, 2dly, Because the estate having been clearly reserved in Mr Crawford, for the purpose of giving him a right of voting, was thus in defraud of the statutes relative to elections, particularly that of 7th Geo. II.
This objection, which was over-ruled by the freeholders, having been repeated in the Court of Session, in consequence of a complaint in the name of Mr M'Dowall.
“The Lords repelled the objection, and dismissed the complaint.”
Act. Blair, et alii.Alt. Wight, et alii.Clerk, Robertson.
Fol. Dic. v. 3. p. 419. Fac. Col. No 320. p. 494.
