Scottish Court of Session Decisions

Subject_1 MEMBER OF PARLIAMENT.

Cunningham
v.
Lord George Murray

1742, Jan. 21.
Case No. No. 16.

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This was a complaint, that a meeting of the freeholders of Perthshire, at Michaelmas last, refused to enrol the petitioner, or appoint a day for its being tried in this Court;—and the Lords found, that only two freeholders being present at the head court, no complaint lay against them for not constituting themselves into a meeting for making up the rolls. The question here was, (had we come to the merits of the petitioner's title). Whether church-lands retoured in 1598, pursuant to the act of Parliament 1594 and 1597, to be 40 shillings of old extent, do entitle to a vote? The case was very well argued in the answers for Lord George Murray, &c.; and Royston told me he was of opinion with the answers. I have also made my observations on the back of the petition; and at present incline to think, that church-lands extended, may entitle to a vote as well as temporal lands. 21st January, The Lords Adhered.