c. 7, s. 1, and a special oath is prescribed by s. 2 in lieu of Scotland or present at by qualified 4. And that such peers that live in Scotland, but shall not be How peers present at such meeting so appointed, may take the said oaths, and living in make and subscribe the said declaration in any sheriff's court in residing in Scotland; and every sheriff, or his deputy, before whom such oaths England, not and such declaration shall be so made, subscribed, and repeated, election, may shall and is hereby required to return the original subscription of take the oaths, &c. such oath and declaration, signed by the peer who took the same, and make a return in writing under his hand and seal, to the peers so assembled, of such peers taking the said oaths, and making and subscribing the said oath and declaration, and such peer shall be thereby enabled and qualified to make a proxy, or to send a signed and be therelist, containing the names of the sixteen peers of Scotland for whom to make a he giveth his vote; and such of the peers of Scotland as at the proxy, &c. time of issuing such proclamation reside in England, may take and subscribe the said oaths, and make, repeat and subscribe the said declaration, in her majesty's High Court of Chancery in England, her majesty's Court of Queen's Bench, Common Pleas, or Court of Exchequer in England, which being certified by writ to the peers in Scotland at their meeting under the seal of the court where such oath and declaration shall be made, repeated, and subscribed, shall be sufficient to entitle such peer to make his proxy, and to send a signed list as aforesaid; and in case any of the said peers of Scotland, who, at any time before the issuing of such proclamation, have taken the said oaths, and made and subscribed the said declaration in England or Scotland, to be certified as aforesaid, and if taken in parliament, to be certified under the great seal of Great Britain, shall, at the time of issuing such proclamation, be absent in the service of her majesty, her heirs or successors, such peer may make his proxy, or send a signed list. 5. Provided always, that such peers of Scotland as are also peers How proxies of England shall sign their proxies and lists by the title of their shall be peerage in Scotland. signed. 6. That no peer shall be capable of having more than two No peer to proxies at one time. have more than two clerk register 7. That at such meeting of the peers they shall all give in the proxies. names of the persons by them nominated to sit and vote in the After elechouse of peers, in the parliament of Great Britain, and the lord tion, lord clerk register, or two of the principal clerks of the session appointed to certify the by him to officiate in his name, shall, after the election is made names of the and duly examined, certify the names of the sixteen peers so sixteen peers elected, and sign and attest the same in the presence of the peers, which certificate, so signed and attested, shall, by the lord clerk register, or two of the principal clerks of the session, be returned into her majesty's High Court of Chancery of Great Britain, before the time appointed for the meeting of the parliament. * See now stats. 2 & 3 Will. 4, c. 63, and 14 & 15 Vict. c. 87, s. 3, post, pp. 7, 9. elected. How peers shall come attended to elections; and not de bate or treat of any matter, &c., ex cept only the election. Confirmation of the act of parliament of Scotland. 5 Annæ, c. 8. 8. That the peers shall come to such meetings with their ordinary attendants only, according to, and under the several penalties inflicted by, the several laws and statutes now in force in Scotland, which prescribe and direct with what number and attendants the subjects there may repair to the public courts of justice. 9. That it shall not be lawful for the peers so assembled and met together, for the electing sixteen peers to sit and vote in the house of peers, in the parliament of Great Britain, to act, propose, debate or treat of any other matter or thing whatsoever, except only the election of the said sixteen peers; and that every peer who shall, at such meeting, presume to propose, debate or treat of any other matter or thing, contrary to the direction of this act, shall incur the penalty of premunire, expressed in the statute of the sixteenth year of King Richard the Second. 10. That all and every matter and things for, or concerning the election of sixteen peers of Scotland, to sit and vote in the house of peers in the parliament of Great Britain, directed and appointed to be observed and done by the Articles of Union, and the said recited act of parliament in Scotland, intituled "An Act settling the manner of electing the sixteen Peers, and forty-five Members to represent Scotland in the Parliament of Great Britain," which act, by an act of parliament in England, in the fifth year of her majesty's reign, intituled "An Act for the Union of the two Kingdoms of England and Scotland," was declared to be as valid as if the same had been part of, and ingrossed in, the Articles of Union thereby ratified and improved, shall be observed and perException. formed, except only wherein this act has further declared and provided. In case of elected, pro issue for electing another. 11. That in case any of the sixteen peers so chosen shall die, or death, or dis- become otherwise legally disabled to sit in the house of peers of the ability of peer parliament of Great Britain, that her majesty, her heirs and succlamation to cessors, shall forthwith, after such death or disability, issue a proclamation under the great seal of Great Britain, for electing another of Scotland to sit in the house of peers of the parliament of peer Great Britain, in the room of such peer deceased, or otherwise legally disabled; which proclamation shall be published at such time and places as is herein enacted, touching proclamation issued upon summoning a parliament of Great Britain; and the peers of Scotland, being qualified as is hereby directed, shall proceed to elect a peer of Scotland to sit in the house of peers of the parliament of Great Britain, in the room of such peer deceased, or otherwise legally disabled, in such manner, and under such restrictions and regulations, as are by this act directed to be observed upon the electing sixteen peers of Scotland to sit in the house of peers of the parliament of Great Britain. IV. STATUTE 10 Geo. 4, c. 7, [13th April, 1829,] intituled An Act for the Relief of his Majesty's Roman Catholic Subjects. By s. 5, enables Roman Catholic peers of Scotland to vote at the election of representative peers of Scotland, and to be elected such representative peers, being in all other respects duly qualified, on taking and subscribing the oath set forth in sect. 2, and taking such other oath or oaths as might then be lawfully tendered to any persons offering to vote at any such elections, instead of taking the oaths and subscribing the declarations then required of his majesty's Roman Catholic subjects. This important statule will be found in its proper place, printed entire, among the statutes relating to England and Wales, and the United Kingdom. V. STATUTE 2 & 3 Will. 4, c. 63, [11th July, 1832,] intituled An Act to enable Peers of Scotland to take and subscribe, in Ireland, the Oaths required for qualifying them to vote in any Election of the Peers of Scotland. After reciting statutes 6 Anne, c. 23; 1 Geo. 1, stat. 2, c. 13; 6 Geo. 3, c. 53; 10 Geo. 4, c. 7; Enacts, that from and after the passing of this act every peer of Scotland, being in Ireland, may take and subscribe the oaths by any act or acts of parliament required to be taken and subscribed by the peers of Scotland to qualify them to vote at any such election as aforesaid, in his majesty's high Court of Chancery in Ireland, or in the Court of King's Bench, Court of Common Pleas, or Court of Exchequer, in Ireland; which being certified by writ to the peers of Scotland at their meeting, under the seal of the court where such oaths shall be so made and subscribed, shall be sufficient to entitle such peer to make his proxy, or to send a signed list for the purpose of voting at any election to be made by the peers of Scotland. VI. STATUTE 10 & 11 Vict. c. 52, [25 June, 1847,] intituled An Act for the Correction of certain Abuses which have frequently prevailed at the Elections of Representative Peers for Scotland. After reciting the act of the parliament of Scotland, 5 Anne, c. 5 Ann. c. 8. 8, and stat. 6 Anne, c. 23; and also that, Whereas an authentic 6 Ann. c. 23. list of the peerage of the north part of Great Britain called Scotland, as it stood the first day of May, one thousand seven hundred and seven, was returned to the house of lords by the lord clerk register for Scotland, attested by him, pursuant to an order of the house of lords, the twenty-second day of December, one thousand seven hundred and seven, and entered into the roll of peers by order of the house of lords, on the twelfth day of February, one thousand seven hundred and eight, to which list sundry peerages of Scotland have since been added by order of the house of lords at different times, which list of the said peerage is called at the election of a peer or peers to represent the peerage of Scotland in the parliament of the united kingdom of Great Britain and Ireland: And whereas divers of the peerages of Scotland have from time to time become dormant or extinct, and frequent abuses have prevailed by persons assuming peerages that have become dormant or extinct, and voting in respect thereof at such elections, to which peerages such persons had no right; and it is expedient in order to prevent such abuses to provide that no person shall be allowed to vote at such elections in right of any peerage now standing on the said roll which has been for some time dormant until his claim thereto shall have been admitted by the house of lords, and to make further rules and regulations in regard to the proceedings at such elections: Be it therefore enacted, &c. That at all future meetings of the peers of Scotland, assembled under any royal proclamation for the election of a peer or peers to certain titles represent the peerage of Scotland in parliament, the lord clerk register, or the clerks of session officiating thereat in his name, shall not call the titles of any peerages now standing on the said register, nor roll, in right of which no vote shall have been received and counted since the year one thousand and eight hundred, nor shall it be lawful for the said lord clerk register or clerks of session to administer the oaths to any person claiming to vote in right of any the house of of the before-mentioned peerages, or to receive and count the vote of any such person, or to permit any such person to take part in the proceedings of any such election, until otherwise directed by At future elections for Scotch peers not to be called by the lord clerk oaths to be adminis tered, until otherwise directed by lords. If claim to vote be disallowed by house of to be called over at any future elec order of the house of lords. 2. That if any vote or claim to vote in respect of any title of peerage, on the roll called over at any such meeting, shall be disallowed by the said house, upon any proceeding had in trial of any lords, title of contested election, the house of lords may, if they shall think fit, peerage not order that such title of peerage shall not be called over at any future election; and in the event of such order being made by the said house it shall not be lawful for the said lord clerk register or clerk of session to call over the said title at any future election, or to administer the oaths to any person claiming to vote in respect of such title of peerage, or to receive or count the vote of any such person, or permit such person to take part in the proceedings of any such election, until such claimant or some other person shall have in due course established his right to such peerage. tion, if so ordered. If at any meeting of peers a pro test be made against any claim to vote, lord clerk regis 3. That if at any such meeting any person shall vote or claim to appear or to vote in respect of any title of peerage on the roll called over at such meeting, and a protest against such vote or claim shall be made by any two or more peers present whose votes shall be received and counted, the said lord clerk register or clerks of session shall forthwith transmit to the clerk of the parliaments a ter to trans-certified copy of the whole proceedings at such meeting; and the mit a copy of proceedings house of lords, whether there shall be any case of contested election or not, may, in such manner, and with such notice to such parties, including the person so voting or claiming to appear or to vote in respect of such title of peerage and the persons protesting, as the said house shall think fit, inquire into the matter raised by such to the house of lords, &c. protest, and, if they shall see cause, order the person whose vote or claim has been so protested against, to establish the same before the said house; and if such party shall not appear, or shall fail to establish his claim, the said house may, if they shall think fit, order, as is hereinbefore provided, in respect to votes disallowed upon any -proceeding had in trial of any contested election. peeress hav 4. That whenever any peer or peeress shall have established his Any peer or or her right to any peerage, or his right to vote in respect of any ing estapeerage, and the same shall have been notified to the lord clerk blished their register by order of the house of lords, the said lord clerk register signified the claim, and or clerks of session shall not during the life of such peer or peeress same to the allow any other person claiming to be entitled to the same peerage register, the to take part in any such election, nor shall it be lawful for the said vote of no lord clerk register or clerks of session to receive and count the vote other claimof any such other person till otherwise directed by the house of ant to be lords. lord clerk admitted. herein to 5. Provided always, That nothing in this act contained shall Nothing affect the right of any person claiming, or who may hereafter claim affect the any peerage, or shall prevent the right of any person voting or right of preclaiming to vote, or having voted or claimed to vote at any sent or future election, being subject and liable to every objection to which the same would have been subject and liable before the passing of this act. claimants. VII. STATUTE 14 & 15 Vict. c. 87, [7 August, 1851,] intituled An Act to regulate certain Proceedings in relation to the Elections of Representative Peers for Scotland. Whereas it is expedient to provide a manner in which the death of a representative peer for Scotland may be certified to her majesty, in order that her majesty may direct a proclamation to be issued for the election of another peer of Scotland in room of such peer deceased: be it enacted, &c.: tice of the 1. That a certificate under the hands of any two peers of Scot- Certificate land, who shall be at the time of their signing such certificate either from two peers of Scotrepresentative peers, or shall have voted at former elections of a land held to representative peer or peers for Scotland without protest having be formal nobeen made to the reception of their votes, according to the provi- death of any sions of an act passed in the parliament held in the tenth and representa eleventh years of her present majesty, chapter fifty-two, or having tive peer. been so protested against shall have established their right to vote in respect of their peerages, shall be held to be formal and sufficient evidence of the death of such peer for the purpose of issuing such proclamation as aforesaid. proclamation 2. And whereas by an act passed in the sixth year of her late Time of pubmajesty queen Anne, chapter twenty-three, it is enacted, that lication of every proclamation issued for such elections shall be published as for election therein provided five-and-twenty days at the least before the time altered from thereby appointed for the meeting of the peers to proceed to such 25 days to 10 election: and whereas on account of the increased facilities of days. |