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WARRANT of IMPRISONMENT to be granted in case of a Return being
made that no sufficient Goods and Effects could be found.

[Place and Date.]

The [Magistrate] in respect of the Return made that no sufficient Effects
can be found whereon to levy the said Penalty and Expenses, grants Warrant
to imprison the said C.D. in the Prison of
from this Date, unless the said Penalty and
decerns.

for the Space of
Expenses be sooner paid, and

WARRANT OF LIBERATION.

[Place and Date.]

The [Magistrate] in respect of the Return of a sufficient Poinding and Sale
of the Effects of the said C.D. [or in respect of Payment having been made
of the said Penalty and Expenses, as the Case may be,] grants Warrant to the
Keeper of the Prison of
for the immediate Liberation of the said

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Provide for the supplying of Vacancies in Town Councils of Burghs in Scotland, consequent on null or irregular Elections.

[Note.-The Words printed in Italics are proposed to be inserted in Committee.]

W

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HEREAS by an Act passed in the Third and Fourth Preamble.
Years of the Reign of His late Majesty King William the

Fourth, intituled "An Act to alter and amend the Laws 3 & 4 W. 4. "for the Election of the Magistrates and Councils of the Royal c. 76. Burghs in Scotland," it is enacted, "that no Irregularity or Nullity "in the Election of any Councillor or Magistrate shall in any Case "after the passing of this Act annul or affect the Election of other "Councillors or Magistrates not liable to the same Grounds of Objection, but those particular Elections only in which such Irregularity or Nullity shall have occurred:" And whereas a like Enactment is contained in another Act of the same Years of the Reign of His said Majesty King William the Fourth, intituled " An 3 & 4 W.4. "Act to provide for the Appointment and Election of Magistrates c.77. "and Councillors for the several Burghs and Towns of Scotland 15" which now return or contribute to return Members to Parliament, "and are not Royal Burghs :" And whereas the Evils intended to have been obviated by the said recited Enactments have not been so obviated,

197.

On Elections of Councillors being found null, Warrant to be granted for new Election.

Election

thereupon to
proceed as
at annual
Election of
Councillors.

obviated, by reason of no Provision having been made in the said Acts for the Election of Councillors or Magistrates in room of those whose Election may have been null or irregular, and it is expedient that this Defect should be supplied: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and 5 Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

I. In all Cases in which any Election of a Councillor or Councillors in any of the Royal Burghs, Burghs, or Towns com- 10 prehended in the said recited Acts, or either of them, shall have been legally reduced or found to have been null, the Court of Session in Scotland in either of its Divisions shall, on the Application by Petition on the Part of any One or more of the registered Electors of such Royal Burgh, Burgh, or Town, grant Warrant for a new 15 Election of a Councillor or Councillors in room of the Councillor or Councillors whose Election shall have been so reduced or found null, to take place on a Day to be fixed by the said Court, not sooner than Ten nor later than Fourteen Days from the Date of such Warrant, and such new Election shall thereupon proceed on the Day so fixed 20 in the Manner provided by the said recited Acts respectively for the annual Election of Councillors in such Royal Burghs, Burghs, or Towns; and the Councillor or Councillors elected on such Day shall be, in regard to Tenure of Office and in all other respects, in the same Situation as if they had been elected at the annual Election at 25 which the Councillor or Councillors whose Election shall have been reduced or found to have been null were elected.

II. As soon as such Warrant shall have been granted the Principal Clerk of Session, being Clerk to the Petition on which it was granted, shall forthwith transmit a certified Copy thereof to the 30 Town Clerk of such Royal Burgh, Burgh, or Town, and such Town Clerk shall immediately on receipt of such certified Copy give Intimation of the Election thereby appointed by Notices to be affixed to the Door of the Parish Church or Churches in such Royal Burgh, Burgh, or Town; and the acting Provost or senior Magis- 35 trate, or, failing there being at the Time any Provost or Magistrate, the Sheriff of the County or his Substitute, shall discharge the Duties and execute the Powers directed by the said recited Acts to be performed by the Provost or senior Magistrate at the annual Election of Councillors.

Expenses of III. The necessary Expenses incurred by any Elector or Electors Application in obtaining such Warrant for a new Election as aforesaid as the same shall be taxed by the said Court shall be recoverable by

for Warrant to be a

such

40

the Funds of

such Elector or Electors from the Treasurer of such Royal Burgh, Charge on Burgh, or Town, and when paid shall be chargeable by the Treasurer the Burgh. on the Funds thereof.

to elect a

IV. In all Cases in which the Election of a Councillor to the On Election of Magistrate 5 Office of Provost or Magistrate, or the Election of any Councillor being found who may have been thereafter appointed Provost or a Magistrate, null, Council shall have been legally reduced or found null, the Town Council Magistrate. shall at its First Ordinary Meeting thereafter, the full Number of the Council being always complete, elect a Provost or Magistrate who 10 shall be, in regard to Tenure of Office and in all other respects, in the same Situation as if he had been elected when the Provost or Magistrate whose Election has been reduced or found null or has fallen was elected.

of Election

Month.

V. It shall not be lawful nor competent to institute any Action NoChallenge 15 by way of Reduction, Declarator, Suspension, or otherwise for to be made reducing any Election of a Councillor, Provost, or Magistrate, or after the for having the same found null, or for interdicting any Party who Lapse of a may have been elected Councillor, Provost, or Magistrate from acting as such, nor to execute any Summons, nor intimate any Suspension 20 concerning the same, after the Lapse of One Month from the Date of his Election, and all such Summonses and Suspensions executed or intimated respectively within such Month shall be deemed sum mary Processes, and shall have Precedence as such in the Rolls of the said Court of Session.

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VI. Be it enacted and declared, That the Acts and Proceed- Actings of
Council and

ings of any such Town Council prior to the Date when the Election Magistrates

notwith

of any of the Councillors thereof shall have been legally set aside or to be valid, found null shall be valid and effectual, notwithstanding the Nullity standing or Irregularity of the Election of any One or more of the Councillors, Elections 30 and that the Actings of any Magistrate whose Election may be set being set aside or found null prior to its being so set aside or found null shall not be liable to Challenge in respect thereof.

aside.

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