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Scottish Court of Session Decisions >>
Colonel Robert Skene v John Adam. [1775] Mor 8836 (15 December 1775)
URL: http://www.bailii.org/scot/cases/ScotCS/1775/Mor2108836-210.html Cite as:
[1775] Mor 8836
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION V.
Procedure in the Court of Freeholders.
Subject_3 SECT. II.
Claim to be enrolled.
Colonel Robert Skene v. John Adam
Date: 15 December 1775 Case No. No 210.
The omission to lodge an objection to one's author's qualification to continue on the roll, on account of being denuded, is no reason why the successor, producing titles, should not be enrolled in his stead.
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At Michaelmas last, Colonel Skene claimed to be enrolled as a freeholder in the county of Kinross, upon an unquestionable title, derived from Mr Laurence Craigie, writer to the signet, to certain lands, which made a part of the qualification on which his author stood enrolled,
When the claim came to be considered by the meeting, it was objected by Mr Adam, “That the statute of the 16th of George II. ordains, that, to prevent all surprise at Michaelmas meetings, whoever intends to object to any freeholder who stands upon the roll, on account of the alteration of his circumstances, shall, at least two kalendar months before the Michaelmas meeting, leave his objections in writing with the sheriff-clerk, as aforesaid; who is thereby required, upon receipt of the foresaid objections, to indorse on the back thereof the day he received the same, &c.; and whereas no such objection has been regularly made against Mr Laurence Craigie, he cannot legally be struck off the roll; and, therefore, Colonel Skene cannot be enrolled at present, in respect another gentleman stands already enrolled upon the same lands, and, therefore, they have it not in their power to turn that gentleman off, to make way for the Colonel.”
To this objection one of the freeholders present answered, That, as Colonel Skene's claim and writs were lodged in due time, it is sufficient evidence that Mr Laurence Craigie is denuded of the lands for which he is enrolled, and that he desires to be struck off the roll. But it having carried, by the casting vote of the Preses of the meeting, to continue Mr Craigie on the roll, and to refuse to take under consideration Colonel Skene's claim, a complaint of this determination was preferred, alleging, That no instance ever occurred of a person's being kept off the roll, upon an objection so insignificant and so frivolous as the present.
“The Lords found, that the freeholders of the county of Kinross did wrong in refusing to enroll the complainer in the roll of freeholders of the said country; and, therefore, grant warrant to, and ordain the sheriff-clerk of the said county forthwith to add his name to the said roll.”
Act. A. Abercromby.Alt. Crosbie.Clerk, ——
Fac. Col. No 205. p. 150.
