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Neither complainers nor defenders can cite any of their own party as witnesses; nor can the near relations of any individual complainer or defender give evidence for the party to which his relative belongs. Thus in a recriminative charge of bribery, made by the defenders in a complaint against the pursuers, the Court refused to allow the daughter of one of the defenders to be examined in support of this charge1.

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1 Hunter v. Robb, 11th March 1766; Sel. Decis. Lord Kames concludes the report of this case, by stating, that, in matters of this kind, the rule seems to be, that either party may use, as witnesses, any of the other 'party, or of their relations; but that it is incompetent for either party to 'lead, as witnesses, any of their own party, or of their relations; reserv'ing only to them to cross-interrogate such witnesses, when led by the ' other party.'

CHAPTER III.

OF THE MANNER OF ELECTING THE REPRESENTATIVES OF THE ROYAL BOROUGHS.

BEFORE the Union, the right of electing the representative or representatives of each burgh was vested directly in the Magistrates and Council, and this form still remains in the town of Edinburgh. The other Royal Burghs, however, were, at the Union, divided, as was formerly shewn, into several districts, each comprehending four or more burghs1; and every burgh of each district elects a delegate or commissioner; after which the several delegates of each district meet together, and elect the representative in Parliament for that district. The manner, therefore, of electing a representative for Edinburgh first merits attention; and afterwards, that of choosing a member for a district of burghs: under which latter head, the election of a delegate must first be considered, and then that of a representative by the delegates.

SECTION 1.

Of the Manner of Electing a Representative for the City of Edinburgh.

By the act 6th Anne, c. 6, certain rules were laid down as to the steps to be followed before and subsequent to the election. By the 5th section of that statute, it was provided, that the

sheriff of the shire of Edinburgh shall, on the receipt of the writ directed to him, forthwith direct his precept to the 'Lord Provost of Edinburgh, to cause a burgess to be elect

1

1 Supra, p. 5.--For a list of the burghs composing the several districts, see App. No. XIII.

'ed for that city; and, on receipt of such precept, the city ' of Edinburgh >shall elect their member, and their common "clerk shall certify his name to the sheriff of Edinburgh, ' who shall annex it to his writ, and return it with the same ' into the Court from whence the writ issued."

It will be observed, that this clause does not specify in what manner the Lord Provost shall cause the election to take place, nor within what time he shall take steps for that purpose. In practice, however, within two days after receipt of the sheriff's precept, he issues a precept, in his own name, for summoning the Town Council; and an execution of this citation is duly returned by the proper officer.

At the election meeting, one of the town clerks is chosen clerk of the meeting; and, in practice, the Lord Provost administers to him the oath prescribed for returning officers by the act 2d Geo. II. c. 24, sect. 31.

The 2d Geo. II. c. 24, relating to bribery, is read. After which the Magistrates and Council take the oaths to govern

ment.

The Lord Provost then produces the sheriff's precept, the precept summoning the council, and the execution of citation.

The oath of bribery prescribed by the 34th section of 16th Geo. II. c. 11, must be taken by every elector, if required by any other elector 2.

1 For the form of this oath, see the act in Appendix. It may be observed, however, that, by the act 16th Geo. II. c. 11, sect. 38, the taking of this oath is dispensed with, in so far as regards returning officers in Scotland; and if he is not to be considered as a returning officer, the act 2d Geo. II. does not apply to him.

2 This oath is as follows:

'I A. B. do solemnly swear, that I have not, directly or indirectly, by way of loan or other device whatsoever, received any sum or sums of 'money, office, place, employment, gratuity, or reward, or any bond, bill, or note, or any promise of any sum or sums of money, office, place, em'ployment, or gratuity whatsoever, either by myself or any other, to my

The roll of the council is now called by the clerk, and the votes given for a parliamentary representative.

The minutes are reported to the sheriff by the clerk; and the return is made out in the shape of an indenture between the sheriff and the clerk of the meeting, and is annexed by the former to his writ1.

In the celebrated contested election for the city of Edinburgh in the year 1780, in which Sir Laurence Dundas and Mr Miller were candidates, many questions connected with the conduct of the election, and with the previous steps, were involved. Of this contest, and of the argument before the committee of the House of Commons, a full account has been given by Mr Wight. The points which were involved in the merits of the election of Mr Miller, who was the candidate returned by the sheriff as duly elected, were the following:

1st, Whether, when the Provost delays issuing his precept for summoning the council, it is competent for the council itself to appoint a meeting for fixing the day of election?

2d, Whether, if this be competent, the extraordinary deacons have a right to vote in appointing that meeting?

3d, Whether, at the election-meeting, the extraordinary deacons have a right to vote?

4th, Whether, upon the supposition that they have that right, there must still be a quorum of the ordinary council present ?

5th, Whether the election can proceed upon production of a copy, certified by the sheriff, of the precept addressed to the Lord Provost, but without production of the original ?

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use, or benefit, or advantage, or to the use, benefit, or advantage of the city or borough of which I am magistrate, counsellor, or burgess, in or'der to give my vote at this election. So help me God.'

1 For a fuller account of the proceedings of the Edinburgh electionmeeting, and the forms of some of the writs, see Bridges' Political State of Scotland in 1811, p. xcix. et seq.

The counsel for Mr Miller, before the committee, maintained the affirmative of these questions; except as to the fourth, the negative of which was insisted for. The committee resolved, that Mr Miller's election was void; but it does not appear on what particular grounds their decision rested; except that it is certain, that it did not proceed on the third question, because the committee resolved, conformably to the argument for Mr Miller, that the extraordinary deacons have a right to vote in the election of a representative for Edinburgh'. The other candidate, Sir Laurence Dundas, was declared duly elected; and the only point which appears to have been necessarily implied in this latter decision is, that it was not held essential to the validity of the election, that the Provost should issue his precept for summoning the Council within two days.

SECTION 2.

Of the manner of Electing the Representative for a District of Boroughs.

1. Of the Election of the Delegate or Commissioner.

THE sheriff, upon receipt of the writ, must indorse upon the back the day he received it2; and forthwith, at least within four days, make out, and cause to be delivered to the residing chief Magistrate of each burgh within his jurisdiction, a precept, to elect a commissioner or delegate, for choosing a

1 This resolution, Mr Wight says, was communicated to the agents for the parties, but was not reported to the House.

"The form of indorsation is this:- At (place and date.) This writ ' was received by me A. B. Sheriff-depute (or substitute) of the shire of , this day, between the hours of and

‘(Signed) A. B.'

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