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Scottish Court of Session Decisions >>
Fraser of Culduthil v Sir John Gordon. [1768] Mor 8777 (19 November 1768)
URL: http://www.bailii.org/scot/cases/ScotCS/1768/Mor218777-156.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. IV.
Trust Oath.
Fraser of Culduthil v. Sir John Gordon
Date: 19 November 1768 Case No. No 156.
The trust-oath could not be put before the meeting of freeholders was constituted by the election of preses and clerk.
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Fraser of Culduthil stood on the roll of Cromarty, in virtue of a decreet of division pronounced by the Commissioners of Supply in 1765; but before the election in 1768, this decree of division was set aside by the Court of Session, whereby Mr Fraser's qualification was reduced below L. 400. Notwithstanding of this, however, when the day of election came, no order had been obtained for striking him off the roll. It appeared, that if Mr Fraser was allowed his vote in the choice of preses and clerk, it would be decisive of the election; whereupon Sir John Gordon, the Commissioner last elected, before the vote for those officers, tendered to Mr Fraser the trust-oath, in the blank of which he had filled up Mr Fraser's lands, according to their old description, as standing valued at upwards of L. 400. Mr Fraser refused to take the oath in these terms, whereupon Sir John struck his name off the roll, and proceeded to call the votes of all the rest. Mr Fraser having prosecuted Sir John Gordon for L. 600, on account of this conduct, the Lords found it was highly irregular to put the trust-oath in any shape before the choice of preses and clerk, and found Sir John Gordon liable in a penalty of L. 300 on that account. See Appendix.
