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Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. I.
Vassals in lands forfeited by the superior. - Fishings may be joined to lands to complete a qualification. - Proprietor pro indiviso. - Feu-duties payable out of church-lands. - Mortified lands sold. - To give a qualification there must be a feudal vassal in the lands. - Bodies corporate. - Minors. - Exchange of pieces of land. - Infeftment in virtue of a clause of union, and dispensation in a Crown charter. - Burgage lands sold by the burgh. - Where the superior is unentered. - Person divested by a trust-deed. - The claim must describe the title for enrolment. - Eldest sons of Peers. - Charter granted by a factor loco tutoris. - Roman Catholics. - Officers of the Revenue.
Goodsir v. Hutton
Date: 25 February 1803 Case No. No 123.
A subdistributor of stamps not disqualified from voting at elections.
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The statute 22d Geo. III. c. 41. was enacted for the better securing the freedom of elections of Members to serve in Parliament, by disabling certain officers employed in the collection or management of his Majesty's revenue from giving their votes at such elections. This enactment was not held to apply to the case of John Hutton, writer in Kinghorn, who received a quantity of stamps from the head distributor at Cupar, with which he afterwards supplied the neighbourhood; for he had no connection with, and was not under the controul of the Commissioners of the Stamp-office; he was not appointed by them; nor was he an immediate servant of government; the design of the statute being no other than to diminish the influence of government in elections. It was also interpreted in this way in England; Luders on Elections, vol. 2. p. 552, 601.; Fraser's Election Cases, vol. 1. p. 164.
Act. Gillies.Agent, Jo. Syme, W. S.Alt. W. Erskine.Agent, Cha. Anderson.Clerk, Pringle.
Fac. Col. No 89. p. 197.
