With respect to the objection of insanity, although there is no statutory provision on the subject, there can be little doubt that, where a peer has been cognosced by the verdict of a jury, and put under legal curatory, and where proper evidence is produced of that verdict at an election of peers, that the vote of the peer cannot be received in any shape 1, much less can he be elected himself. Where no legal steps have been taken to ascertain his state of mind, and the individual does not appear at the election in person, but tenders a vote by proxy, or by a signed list, it would appear not to be competent to reject such vote, either on mere allegation of derangement, or on any offer of proof, which there can be little doubt would be quite incompetent. The case of

greatest difficulty and delicacy would occur, should the individual appear himself at the election and tender his vote; in which case there is strong ground for holding, that, if the insanity is quite manifest to all present, the vote ought not to be received 2; but as to all inferior degrees of derangement, and especially as to any disease of mind not appearing at the time, it would appear that the vote, if tendered, must be received. All such cases are of course open to be afterterwards fully canvassed in the House of Lords.

Besides the right of voting in person, peers have the power of appointing a proxy to vote for them, and of voting by signed lists.

The privilege of appointing a proxy is bestowed by the act 1707, c. 8, under this provision,-the said proxies being peers, and producing a mandate in writing duly signed before witnesses, and both the constituent and proxy being 'qualified according to law.' Those acting as proxies for absent peeers must therefore be peers, and qualified in the same manner as is necessary to entitle themselves to vote. The mandate must be signed by the witnesses; but it is not necessary that the witnesses or writer of the mandate should

be designed in the writing; neither does the mandate require to be sealed, or written on stamped parchment 1.

With respect to the right of voting by signed lists, the same act 1707 declares, that absent peers, who are qualified, may send lists of the peers whom they judge fittest, validly 'signed by the said absent peers.'

Witnesses also must subscribe the lists; but it is not necessary that the name of the writer should be mentioned in them 2.

Peers who are English as well as Scottish peers must sign their proxies and lists by their Scottish titles 3.

Peers who appoint proxies, or vote by signed lists, must, by act 6th Anne, c. 23, take and subscribe the same oaths and declaration which have been already stated, as prescribed by that act 6th Anne, c. 23, to be taken by those peers who are present at an election. Those who live in Scotland may qualify themselves in this manner in any sheriff court in Scotland 5; and, in practice, the sheriff-depute, or his substitute, holds a court for that purpose at any place within his county". The original subscription by the peer must be returned to the meeting by the sheriff, who must also return a certificate under his hand and seal that the peer has duly qualified himself".

Peers residing in England may take and subscribe the oaths and declaration in the Courts of Chancery, King's Bench, Common Pleas, or Exchequer; and a writ under

1 Resolutions of the House of Lords 1708; Robertson's Proceedings, p. 43; See also p. 48.

2 Ibid.

3 6th Anne, c. 23.

4 This act of 6th Anne does not mention the formula of 3d act of 8th and 9th session of William amongst those to be taken by absent peers; and declares that peers taking the oaths contained in itself shall be qualified to vote by proxy or signed list.

5 6th Anne, c. 23.

6

Wight, p. 121; Bell, p. 15.

7 6th Anne, c. 23; Resolution of the House of Lords, 26th January

the seal of court must be produced in evidence at the election 1.

Peers abroad on his Majesty's service, who have formerly qualified as above in England or Scotland, may appoint a proxy, or send a signed list, providing the evidence already mentioned of their having so qualified is produced 2. Such peers are also admitted to those privileges, if they have taken the oaths in Parliament, provided the fact is certified under the great seal of Great Britain 3.

No peer can hold more than two proxies at one time 1.

1 6th Anne, c. 23.

2 Ibid.

3 Ibid.

4 Ibid.

CHAPTER II.

OF THE PROCEEDINGS AT THE MEETING FOR ELECTION OF PEERS.

THE proclamation calling the peers to assemble for electing representatives, must be published at Edinburgh and the other county towns of Scotland, at least twenty-five days before the meeting for election'.

The proceedings at the election take place in the following order.

After prayers by one of his Majesty's chaplains, the proclamation and execution or attestation of the publication at Edinburgh of that proclamation, are read by one of the principal clerks of Session, two of whom attend the meeting. No evidence is required of the execution at the other county

towns.

The great roll of the peerage is then called; and the names of those peers who are present, or who vote by proxy or signed lists, are marked in the minutes. Protests as to precedency must be made during this calling.

The oaths are then administered to those present; and the evidence that those who are absent and vote by proxy or list have duly qualified, is examined.

The votes are then collected, 1st, Of the present peers, who read and deliver in signed notes of the peer or peers for whom they vote; 2d, Of those peers holding proxies, who, in like manner, read and deliver in signed notes of the peers for whom they vote in their capacities of proxies; and, lastly, of those absent peers who vote by signed lists.

Protests against particular votes, founded either on want of right to the title of honour, or on informalities in the

16th Anne, c. 23.

B

proxies or lists, must be made during the collecting of the

votes.

The titles of the peer or peers elected are then inserted in two separate returns on parchment, which are signed and sealed by the principal clerks of Session; and one of which is returned to the clerk of the crown at London, and the other deposited with the other documents of election in the Register House.

The proceedings are closed with prayer.

It is declared by the 6th Anne, c. 23, to be illegal for the peers to take any other subject under their consideration except the election of representatives; and that any peer who shall act contrary to this provision, shall incur the penalty of premunire expressed in the statute 16th Rich. II'.

The duties of the meeting of peers are in no respect judicial. Their business is merely to give their votes, and not to determine, as is done in a court of freeholders, on the title on which vote is claimed. All that a peer has it in his power to do in support of any objection as to title, or as to proxies or other documents produced, is to take a protest on the subject, and bring the objection under the review of the House of Lords by petition. Where, however, the House of Lords has come to any actual resolution with respect either to a title of peerage, or to any form to be observed in relation to the documents produced, the clerks of Session are bound to give effect to such resolution, at least when a copy of the resolution has been transmitted to the Lord Clerk-Register. On the 21st April 1788, it was moved in the House of Lords, That it is the opinion of the house that the 'Lord Clerk-Register, and his deputies acting at the election ' of the Scotch peers, ought to conform to the resolutions of 'this House, of which they have had notice by order of the 'House; and this motion was resolved in the affirmative 1.

1 As to the penalty of premunire, see Blackstone, vol. iv. p. 112, 9th edition; and Wight, p. 124.