^ ;^ Hen.'MWl. cap. 11. *' The bill for knights and burgefles in Wales^ concerning the payment of their fees arul^ wages," from p. 24 to 29. J 67 2 25 Car. II. cap. 9. " An a6t to enable the County Palatine of Durham to fend knights and burgefles," fronr p. 29 to 31. 1677. ^oCar. II. cap. i. *' An 3(51 for the more efledlual preferving the King's perfon and government, by difabling papifls from fitting in either Houfe," fronv P-3I to 37. 1690. 2 fVilL be Maryy cap. 7. *' An a6t to declare the right and freedom o^ cleftion of members for the Cinque Ports ^'* from p. 37 to 3.8. 1694,- CONTENTS. J694. 5 pyUl. &C.Afutjy cap. 7. •' An ail for granting to their majeftics cer- tain rates and duties upon fait, and upon beer, ale, atul other Jiquors, for fccuring certain re- compences and advantages in the fud ad: men- tioned to fuch perfons as fhall voluntarily ad- vance the fum of ten hundred tboufand pounds towards carrying on the war againft France^* fcommiffioners not to be members], from p. 38 to 39. 1694. 5 fVill. & Mary^ cap. 20. ** An ad for granting to their majeflies feve- ral rates and duties upon tonnage of fhips and veflels, and upon beer, ale, and other liquors, for fecuring certain recompences and advan- tages in the faid ad mentioned to fuch performs as fhall voluntarily advance the fum of one million five hundred thoufand pounds towards carrying on the war againfl;/;7?«cf," [members enabled to be of the corporation ercded by this ad], from p. 39 to 41. 1^94 6 TVill. & Mary, cap. 2. " An ad for the frequent meeting and calling of parliaments," [triennial ad], from p. 41 tO 43- 1696. 7 Will. III. cap. 4. *' An ad for preventing charge and expence in elcdions of members," from p. 43 to 45. 1696. 7 & 8 Will. III. cap. 7. " An ad to prevent falfe and double returris of members," from p. 45 to 48. 1695. 7 &8 Will III. cap. 25. *' An ad for the further regulating elcdions of members, and for preventing irregular pro- b 2 ceedings CONTENTS. cecdings of fherifFs and other officers in the electing and returning fuch members," frofrt p. 49 to 56. 1699. 10 & II TFilL III. cap. 7. «' An a£l for preventhig irregular proceedings of fherifFs and otlier officers in making the re- turns of members," from p. 56 to 58. 1700. II & 12 Will. III. cap. 2. ** An a6l for granting an aid to his majefty, by fale of forfeited and other eftates in Irelandy and by a land-tax in England, for the feveral purpofes therein mentioned," [members dif- abled from being commiffioners or farmers], p. 59 and 60. 1700. 12 & 13 IVdl. III. cap. 3. *' An a6l for preventing any inconveniences that may happen by privilege of parliament," from p. 60 to 65. 1700. 12 & 13 Will. III. cap. 10. *' An aft for granting an aid to his majefty for defraying the expence of his navy, guards and garrifons for one year, and for other neceflary occafions," from p. 65 to 67. 1703. 2 & 3 Anna, cap. 18. ** An adl for the further explanation and regu- lation of privilege of parliament, in relation to perfonsln public offices," from p. 67 to 69. 1707. 6 Alines, cap. 7. ** An aft: for the fecurity of her majefty's per- fon and government, and of the fucceffion 10 the crown of Great-Britain in the proteftant line," from p. 69 to 75. 1710. C O N T-E N T S. t^'IO- () Annit, cap. ^. •' An acSt for fecuring the freedom of parlia- ments, by the farther qualifying the members to fit in the Houfe of Commons," from p. 75 to 79- 1710. 9 Anna., cap. 10. •* An a6l for eftablifliing a general poft-office for all her majcfty's dominions, and for fettling a weekly fum out of the revenues thereof for the fervice of the war, and other her majefty's occafions," [no officer of the Poft-office to in- terfere in ele6tions], from p. 80 to 81. 1710. 9 Annts^ cap. II. *' An aft for levying certain duties upon hides and Ikins, &c. for profecuting the war and other her majefty's mofl prefTmg occafions," p. 81 and 82, J 7 10 9 Anna, cap. 20. " An aft for rendering the proceedings upon writs of mandamus and informations in the nature of a quo warranto more fpeedy and ef- feftual ; and for the more eafy trying and de^ termining the rights of offices and franchifcs in corporations and boroughs," p. 82, 83. 171 1. 10 Anna, cap. 19. " An aft for laying feveral duties upon a)l fo.ap, &c. &c." [commiffioners not to inter- meddle with eleftions], p. 84. 171 1. lo Anna, cap. 23. *' An aft for the more effeftual preventing fraudulent conveyances in order to multiply votes for elefting knights of Ihires to ferve in parliament," from p. 85 to 92. 17 13. 12 Anna, cap. 5. " An aft to explain the laft aft, as far as rc- b 3 lates C O N T E Is' T S. latcs to the afcertaining the value of freeholds of forty fliiUings per annum" from p. 92 to 94,, 3713. 12 Annce^ cap. 15. ** An a£t for making perpetual an a£l to pre- vent falfe and double returns of members ta ferve in parliament," p.. 94. and 95. 1715. I Geo. 1. cap. 38. *' An axSl for enlarging the time of continuance of parliaments appointed by an adl made the 6th IV. & M. for the frequent meeting an<^ calling of parliaments," [the feptennial a£l], p. 95 and 96. 1 7 15. 1 Geo. I. cap. 56. *' An a6l to difable any perfon from being chofen a member of, or from fitting and voting- in the Houfe of Commons, who has any pen- fion for any number of years from the crown,"- p. 97 and 98. 1724. II Geo. I. cap. 18. *' An acl for regulating ele(5i;ions within the city of Londou^''^ from p. 98 to 108. J 729. 2 Geo. II. cap. 24. *' An a6l for the more effecSlual preventing bribery and corruption in the ele6tions of mem- bers," from p. 108 to 115. 1730. 3 Geo. II. cap. 8. *' An a6l for the better regulating eledlions in the city of Norwich,'^ P* I15 ^nd 116. 1733. 6 Geo. II. cap. 23. *' An a6l to explain and amend an a6l made the yth and Sth JV. III. fo far as the fame relates to the holding of county courts," from p. 116 to 118. 1735-. CONTENTS. «' An ad for regulating the quartering of fol- dicrs during the time of the cledtions of mem- bers," from p. 119 to 122. ^736. 9 Geo. II. cap. 38. " An a£l to ejcplain and amend fo much of an acl: made in the 2d year of the then king, as relates to the commencing and carrying on of profecutions grounded upon the faid a(St," from p. 122 to 124. 2738. II Geo. II. cap, 24. <' An a6l to amend an a6t paffed in the 12th and 13^^ fV. in. for preventing any incon- veniences that may happen by privilege of par- liament," from p. 124 to 128. J 5*40. 13 Geo. II. cap. 20. *' An a6l for the more efFedlualiy preventing fraudulent qualifications of perfons to vote as freeholders in the eleilion of members to ferve in parliament for fuch cities and towns as are counties of themfelves," from p. 129 to 133. 1742. 15 Geo. II. cap. 13. " An aft for eftablifhing an agreement with the governor and company of the Bank of England for advancing the fum of one mil- lion Jix hundred thoufand pounds towards the fupply for the fervice of the year 1742.'* [The governor of the Bank not difabled from fitting in parliament], p. 133 and 134, 1*^42. 15 Geo. II. cop. 22. " An a(5l to exclude certain officers from being members of parliament," from p. 13410 137. f 74^. 18 Geo. II. cap. 18. *' An adl to explain and amend the laws touch- h4 ing CONTENTS. jng the eleftions of knights of the (hires to fervc in parliament," from p. 137 to 149. 1746. 19 Geo. II. cap. 28. " An a£t for the better regulating of elef^ions of members to ferve in parliament for fuch cities and towns in England as are counties of themfelves," from p. 149 to 160, 1757. 31 Geo. II, cap. 14. " An a6l for further explaining the laws touch- ing the ele£lors of knights of the {hire to ferve in parliament," from p. 160 to 163, 1759. ^0^ Geo. II. cap. 20. " An a£l to enforce and render more efFei^ual the laws relating to the quahfications of mem- bers to fit in the Houfe of Commons," from p. 1 6a to 166. ♦ 1763. 3 Gfo. III. cap. 15. *' An adl to prevent occafional freemen from voting at elections of members to ferve in par- liament for cities and boroughs," from p. 166 to 169. 176a. 3 Geo. III. cap. 24. " An a6l to prevent fraudulent and occafional votes in the elections of knights of the fhire, and of members for cities and towns which arc counties of themfelves, fo far as relates to the •-right of voting by virtue of annuity or rent charge," from p, 170 to 177. 1770. 10 Geo. III. cap. 16. " An a6l to regulate the trials of controverted clcilions or returns of members to ferve in par- liament," from p. 178 to 190. 1770, 10 Geo. III. cap. 41. *' An a6t to enable the Speaker of the Houfe 8 to CONTENTS* to iflue his warraiits to make out new writs for the choice of members to ferve in parliament in the room of fuch members as (hall die during the recefs of parliament," p. 191 and 192. J 770. 10 Geo. 111. cap. 50. *' An zGt for further preventing delays of juf- tice by reafon of privilege of parliament," from p. 192 to 195. 1771. II Geo. III. cap. 42, *' An a6V to explain and amend an a£l made to regulate the trials of controverted eledlions, or returns of members to ferve in parliament,** from p. 195 to 199. J 77 1. II Geo. III. cap. ^^. *' An a6t to incapacitate John Burnett^ &cc, and others, from voting at elections of members to ferve in parliament, and for preventing bri- bery and corruption in the ele£lion of mem- bers to ferve in parliament for the borough of New Shorebam in the county of Siifjex^^' from p. 199 to 203. J772. 12 Geo. ]U. cap. 21. *' An a6l for giving relief in proceedings upon writs of mandamus for the admiffion of free- men into corporations; and for other purpofes therein mentioned," from p. 204 to 207. 1774. 14 Geo. III. cap. 15. *' An a6l for making perpetual two a6ts paHeJ in the loth and nth of the prefent king, for regulating the trials of controverted eleilions, or returns of members to ferve in parliament," from p. 207 to 208. 1774. 14 Geo. III. cap. 58. *' An auV for repealing an Tidt made in the CONTENTS. I/? Hen. III. and fo much of fevcral a(£ls of the %thy lothy and 23^ Hen. VI. as relates to the refidence of perfons to be eledled members to ferve in parliament, or of the perfons by whom they are to be chofen," p. 2o3 and 209. 1775. 15 Geo. III. cap. 36. *' An zSt to explain and amend an a£l made in the loih year of the prefent king, to enable the Speaker to iflue his warrants to make out new writs for the choice of members to ferve in parliament in the room of fuch members as ihall die during the recefs of parliament, and for enabling the Speaker to make out new writs for the choice of members to ferve in parlia- ment in the room of fuch members as (hall during the recefs of parliament become peers of Great-Britain, and be fummoned to parlia- ment ; and for fufpending the execution of the faid adl with refpe6l to the borough of Shaftcf- hury, in the county of Dorjet, during the next recefs of parliament," from p. :^io to 214. 1780. 20 Geo. III. cap. I. *' An a6l for holding the enfuing eledlion of a knight of the fhlre for the county o( South- ampton, at the town of New Alresford in the faid county,'' from p. 214 to 216. 178c. 20 Geo. III. cap. 17. *' An a6t to remove certain difficulties relative to voters at county elcdions," from p. 217 to 231. 1780. 21 Geo. III. cap, 43. " An zGt for continuing an a<3: made in the lOth year of the prefent king, fo far as the fame CONTENTS. fame relates to the removal of troops during the eledtions of members to fervc in parliament for a limited time," p. 232 and 233. 1780. 21 Geo. III. cap. 54. *' An a6l for the better regulating ele6lions of citizens to ferve in parliament for the city of Coventry,'" from p. 233 to 240. 1781. 22 Geo. III. cap. 29. " An a6t for further continuing an a£l macJe in the 10th year of the prefent king, fo far as the fame relates to the removal of troops during the ele6lions of members to fervc in parliament, for a limited time," p. 240 and 241. 1781. 22 Geo. III. cap. 31. *' An aft for the preventing bribery and cor- ruption in the eleftion of members to ferve in parliament for the borough of Cricklade, in the county of WlltSy'' from p. 242 to 246. 1781. 22 Geo. III. cap. 41. " An aft for better fecuring the freedom of eleftions of members to ferve in parliament, by difabling certain officers employed in the col- leftion or management of his majefty's revenues from giving their votes at fuch eleftions," from p. 246 to 249. 1781 . 22 Geo. III. cap. 45. ** An aft for retraining any perfon concerned in any contraft, commiffion, or agreement, made for the public fervice, from being elefted, or fitting and voting as a member of the Houfc of Commons," from p. 250 to 255. 1784. 24 Geo. III. cap. 26. *' An aft to repeal fo much of two afts made CONTENTS. in the loth and i^th years of the prefent king, as aiithorifes the Speaker to iflue his warrant to the clerk of the crown for making out writs for the eledlion of members to ferve in parlia- ment, in the manner therein mentioned ; and for fublVituting other provifions for the hkc purpofes," from p. 255 to 261. 1785. 25 Geo. III. cap. 17. " An a6l to enable the Houfe to aiithorife the fele6t committee appointed to try the merits of the petition of the Hon. Saint Andrr^v Saint John, complaining of an undue ele6lion for the county of Bedford, to proceed in cafe the laid fe]e£l committee fnall be reduced to a lefs num- ber than is prefcribed by an acl m^de in the loth year of tlie prefent king to regulate the trials of controverted elc6lions, or returns of members to ferve in parliament," p. 262 and 263. 1785. 25 Geo. III. cap. 84, ** An a£l to limit the duration of polls and fcrutinies, and for making; other retrulations touching the eledlion of members, and aifo for removing difficulties which may arife for want of returns being made of members to ferve in parliament," from p. 263 to 274. 1786. 26 Geo. III. cap. ipo. *• An a6l to prevent occafional inhabitants from voting in the election of members," from p. 275 to 277. 1587. 28 Geo. III. cap. 52. *♦ An a6l for the further regulation of the trials of controverted ele£lions, or returns of mem- l)ers to parliament," from p. 277 to 301. '790* CONTENTS. 1790. 30 Geo. ITT. cap. 35. *' An a6l to explain and amend an a£l pafled In the 20th year of the pi efent king, touching the cleftion for knights of the j(hirc," from p. 301 to 304. 1790. 31 Geo. III. cap. 3. " An a6l to give further time to John Mac- bride, Efq. and his furetlcs, for entering into their recognizance, in refpe6t of his petition prefentcd to theHoufe of Commons, complain- ing of an undue election and return for the borough of Plymouth, , in the county of De^ von,''* from p. 305 to 307. I792. 32 Geo. Ill cap. I. *' An a£l to extend the provifions of certain a:ulatino[ of voters in eledtion of members to fervc in parliament," from p. XX xii to xlvl. 1713. 12 Annee, cap. 6. *' An adl to better regulate the elecSlions of the forty-five commoners," from p. xlvi to 1. 1714. I Geo. I. cap. 13. *'- An a6t for the fecurity of his majefty's per- fon and the fucceffion, and for extinguifliing the hopes of the pretended Prince of JVcdesy^ from p. 1 to liii. 1734' CONTENTS OF THE APPENDIX. 1734. 7 Geo. 11. cap. 16. ** An a6l for better regulating electrons of members for Scotland^ and for incapacitating the judges and barons of the courts of feflTion, jufticiary, and exchequer there, to be elected, fit, or vote," from p. liii to Ix. J 743. 16 Geo. II. cap. ir. " An a6l to explain and amend the laws touch- ing the elections of members for Scotland, and to reftrain the partiality, and regulate the con- du£l, of returning oflEcers at fuch eledions,'* from p. Ixi to xciii. 1774. 14 Geo. III. cap. 81. *' An a(5l for altering and amending the lad a£l, by altering the time of notice ordered by the faid a6l to be given in the fervice of com- plaints to the court of feffion, and for variou* other purpofes," from p. xciii to xcvi. »7gs- 35 G'°- III- <=^P' 65- *' An a6t to prevent unnecefTary delay in the execution of writs, for the eledlion of members for Scotlandy^ from p. xcvii to c. PART III. Controverted eleftlons determined by fele6t committees, as well upon the Righty as otherwife. ELECTION STATUTES. ANNO 5" RICHARDI 11. STAT. 2. CAP. 4. Bfuery one to uhom it belongeth Jhallj upon Summons ^ come to the Parliament* ITEM, the king doth will and command, and it is affented in the parliament by the pre- lates, lords, and commons. That all and lingular perfons and commonalties, which from hence- forth fliall have the fummons of the parliament^ fhall come from henceforth to the parliaments in the manner as they are bound to do and have been accuftomed within the realm of England of old times. (2.) And if any perfon of the fame Amercement realm, which from henceforth fhall have the faid fummons (be he archbifhop, bifliop, abbot, prior, duke, earl, baron, banneret, knight of the fhire, citizen of city, burgefs of borough, or other fingular perfon, or commonalty) do abfent him- felfj and come not at the faid fummons, (except A he 2 7 HENRICI IV. C. 15. he may reafonably and honeftiy excufe him to our lord the king) he fliall be amerced and other- wife piinimed, according as of old times hath been ufed to be done within the faid realm in the Amercement of faid cafc. (3.) Axnd if any flieriffof the realm Ihcritl' omitting , r 1 ri ^• ' • i* i- his iCLurn. be from henceroFth negligent in making his re-t turns of writs of the parliament ; or that he leave out of the faid returns any cities or boroughs, which be boun,d, and of old time v/ere wont, to come to the parliament, he fhall be amerced, or otherwife puniflied, in the m.anner as was ac- cuftomed to be done in the faid cafe in times paft." A. D. 1382. ANN'O 7° HENRICI IV. CAP. I5. ?Acvmer of ekulirig Knights of Shires, ITEM, our lord the king, at the griev-- ous complaint of his commons in this prefent par- liament, of the tjndue eledicn of the knights of counties' for the parliament, vvhich be fometimes made of affedion of fherifFs, and otherwife againft the form of the writs directed to the fherifF, to the Rreat flander of the counties, and hindrance of the bufinefs of the commonalty in the faid county i" * (2) our fovereign lord the king wil- ling therein to provide remedy, by the afTent of the lords fpiritual and temporal, and the commiOns in this prefent pariiam.ent aflembled, hath or- dained and efcablifiicdj That from hencefordi the eledions 7 HENRICI IV. C. 15. J ele(5Vions of fuch knights fliall be made In the form as followethj (that ib to fay) at the next Manner of county to be holden after the dehveiy of the writ ''^^'^ '^'^'^'''" of the parliament, proclamation fhall be made in the full county of the day and place of the par- hament, (3) and that all they that be there pre- fent, as well fuitors duly fummoned for the fame caufe, as other, Ihall attend to the eleftion of the loiights for the parliament, (4) and then in the full county they Ihall proceed to the eleftion freely and indifferently, notwithftanding any re- queft or commandment to the contrary ; (5) and after that they be chofen, the names of the per- fons fo chofen (be they prefent or abfent) lliall be written in an indenture under the feals of all them that did choofe them, and tacked to the fame writ of the parliament, which indenture fo fealed and tacked fhall be holden for the Iherift's return of the faid writ, touching the knights of the fhires. (6) And in the writs of the parliament to be made hereafter, this claufe Ihall be put:' " Et ciaufetobein- eleftionem tuam in pleno comitatu tuo fadlam, writ. ^'^'^^"^ diftin6le & aperte fub figillo tuo & figillis eorum qui eleflioni illi interfuerint, nobis in cancellaria noftra ad diem & locum in brevi contentos cer- tifices indilate." a. d. 1405. A a> ANNO II HENRICI IV. C. I. ANNO 11° HENRICI IV. CAP. I. Penalty on Sheriffs fcr making an untrue Return of the EleElicn of the Knights of Parliament, Enafls, r* IRST, Whereas in the parliament hol- 7 H.'iv. c. 15. den at Weilminfter, the 7 th year of the reign of our faid lord the king, there v/as ordained and eftablifhed by a ftatute for the prefervation of the liberties and franchifes of the ele6lion of the knights of the fhire iifed through the realm, a certain form and manner of the ele6lion of fuch knights, as in the faid ftatute more fully is con- tained : (2) and forafmuch as in the fame ftatute no penalty was ordained or limited in fpecial upon the fheriffs of the counties, if they make any returns to the contrary of the fame ftauite," (3) Mt is ordained and ftabliftied. That the juf- tices afligned to take affizes, ftiall have pow- er to inquire in their feffions of afiizes, of fuch returns made j (4) and if it be found by inqueft, and due examination before the fame juftices, that any fuch fheriff hath made, or hereafter fhall make, any return contrary to the tenor of the faid ftatute, that then the faid ftieriff fhall incur the penalty of lool. to be paid to our lord the king ; (5) and moreover, that the knights of the coun- ties fo unduly returned, ftiall lofe their wages of the parliam.ent, of old tim.e accuftomicd.' A. D. 1409. ANNO I HENRICI Vr. C. 4. ANNO 1° HENRICI V. CAP. I. li'loatjort of People fuall he chojen and who Jfjall be the choojers of the Knights and Burgcffes of the Parliament, Enafts, r IRST, that the ftatiites of the ele6lion of the knights of the fliires to come to the parlia- ment be holden and kept in all points j (2) ad- tuf^hc^r"* joining to the fame, That the knights of the Ihires which from henceforth fhall be chofen in every fliire, be not chofen unlefstheybe refident within the fhire where they fhall be chofen the day of the date of the v/rit of the fummons of the par- liament; (3) and that the knights and efquires, and others which fliall be choofers of thofe knights of the (hires, be alfo refident within the fame Ihires, in manner and form as is aforefiid ; (4) and moreover it is ordained and edabliflied. That the citizens and burgeiTes of the cities and Refidence ;a boroughs be chofen men cidzens and burgeffes refiant, dwelhng and free in the fame cities and boroughs, and no other in any wife', a. d. 141 3. • ANNO 6" HENRICI VI. CAP. 4. 'the Sherifj^s 'Traverfe to an Inqucji founds tonching returning Knights of the Shire for the Parliament. ITEM, Whereas it was ordained and eilabliiiied in the 7 th year of king Hcniy the 7H. iv.c. i; Fourth, grandfather of our lord the king that nov/ A 3 is,. 6 6 HENRICI VI. C. 4. is, that knights of Ihires for the parliament, Ihould be ciioien in manner and form following; that is to fay, At the next county to be holden after the delivery of the writ of the parliapien:, procla- mation fhall be made in the full councy of the day and place of die parliament, (2)- and that all they which be prefent there, as well fuitors duly fummoned for this caufe, as other, fliall attend to the eleftion of their knights for the parliament, (3) and then in full county they fliall pioceed to the elefcion fl-eely and indifferently, noiwithftand- ing any requ;"ft or commandment to the contra- ry ; (4) and tliat after they be cliofen, v/hether fuch perfons cliofen be prefent or abfent, their . names fhall be written in indentures under the feals of all the choofers, and annexed to the faid writ of pailiament, which indenture fo fealed and tacked, fliall be holden foi the return of the faid WTit, as to the knights of the faid fhlres ; (5) and alfo in the writs of the parliam.ent hereafter to be made, this claufe fhiail be put in the m.anner as foUoweth : Et elcflionem tuam in pieno comii- tatu tuo fa'ilam, diitinde & aperte fub figillo tuo & figillis eorum qui eleclioni iili interfucrint, nobis in cancellaria noftra ad dieiii & locum in brevi contentos certitices indilate (6). And for that in the fame ftatute no pain was ordained, nor fpe- cialiy fet upon the flieriff^ of tlie county, if they make their return contrary to the faid ftatute, it 11 H. iv. c. 1. was ordained and eftabliihed the i ith year of the faid king Henry the Fourth, That the juftices of affizes fhould have power to inquire in their feffions i of afiizes, of fuch returns made -, (7) and if it be | found 6 HENRICI VI. C. 4. 7 Ibiind by inqucfl and due examination before the faid juilices, that any llich fncriffhath made or hereafter fliall make any return contrary to the tenor of die faid ftatute, that the fame fiieriiT fnould incur the pain of lool. to be pr.id to our faid lord the king, (8) and moreover that the knights Jo unduly returned, iliall lofe their wages ■ of the parhament, in old times accuftomed ; (9) to the great mifchiefs of flieriU's and knigh.ts of the fhire, v,iiich be forebarred and put out of their anf\ver againil fuch inqucfts or oiilces, taken be- fore the laid judges, becaufe of the fratute and ordinance aforenid." (10) ' Our lord the king, v/iliing in this cafe to provide remedy, hadi or- dained and eftabhfhed, That all the knights of The knights the fhires, chofen for this prefent parliament, and parliament, and the fherifFs of the fame counties againfr whom '^f,.S""'f any inqueils or ofHccs of undue eledion be found ^^-^ve their tra- ^ >■ t _ verfi of an omce before the iuftices of alTizes fliall have their an- f-^und asaiijt r 1 ' /• ^ • n rr- them. Iwer and traverle to fuch inqueits or offices ta- ken ; (11) and alfo all the knights from, hence- forth fo to be chofen, and the fheriffs that ihall make fuch elefticns fna.!! have their anf\ver and ' traverfe to fuch inquefts and offices before any juftices of affizes hereafter to betaken ; (12) and the faid knights and flieriffs fhall net be enda- maged unto cur faid lord the king or liis fucccf- fors, for any fuch inqueft taken, or to be taken, until they be duly convid according, to the form of tlie law.' A. D. 1427. ANtCt* 8 HENRICI VI. C. 7. ANNO 8° HENRICI VI. CAP. 7. What Jort of Men jhall be Chocjers, and who Jhall be chojen Knights of the Parliament, ITEM, Whereas the eleftions of knights of Ihires to come to the parliaments of our lord the king in many counties of the realm of Eng- land, have now of late been made by very great, outrageous and exceffive number of people dwell- ing within the fame counties of the realm of Eng- . land, of the which mofb part was of people of fmall fubftance, and of no value, whereof every of them pretended a voice equivalent, as to fuch eleftions to be made, with the moft worthy knights and efquires, dwelling within the fame counties, whereby manflaughter, riots, batteries, and divifions among the gentlemen and other people of the fame counties, fhall very likely rife and be, unlefs convenient and due rem.edy be provided in this behalf;" (2) ' our lord the king, confidering the premifes, hath provided, ordained and efcablilhed by authority of this prefent par- liament. That the knights of the fhires to be chofen within the fame realm of England, to 'come to the parliaments of our lord the king, hereafter to be holden, fhall be cliofen in every county of the realm of England, by people dwell- 7h. q.jaiifica- ing and refident in the fame counties, whereof tionsof thceiec- ^^^^ ^^^ ^f ^^^ i^^^ j^^y^ frcc land or tene- ment to the value of forty fnillings by the year, at HENRICI VI. C. 7. 9 at the leaft, above all charges 5(3) and that they which fliall be fo chofen, Ihall be dwelling and re- fident within the fame counties ; (4) and llich as have the greateft number of them that may ex- pend 40 s. by year, and above, as aforefaid, fhall be returned by die flierifrs of every county, knights for the parliament, by indentures fealed between the faid Ilieriffs and the faid choofers fo to be made. (5) And every fheriff of the realm The fterifFim- powered to exa- of England, mall have power by the faid autho- mine die eieaon , -r-, ,.f, uponoath,touch- rity, to examine upon the iLvangeiiits every ing their eftates. fuch choofer, how. much he may expend by the year i (6) and if any fheriff return knights to come to the parliament, contrary to the faid or- dinance, the iuilices of affizes, in their fcffions of J"!*'«sofa/rizft ' -J ■' to inquire or the afllzes, fhall have power by the authority afore- returning of . . . . "^ knights to par- faid, thereof to inquire ; (7) and if by inquefl the liamem. fame be found before the jullices, and the flierifF thereof be duly attainted, that then the faid fhe- Penalty on the • rr i-> ^^ • i • r i i ■ ^ iherifi" for undue rirr Inail incur the pain or lool. to be paid to our returns. lord the king, and alfo that he have imprifon- ment by a year, without being let to bail or main- prize j (8) and that fhe knights for the parlia- Knights faifeiy J 1 r • 1 1- returned fhail nient, returned contrary to tiie laid Oiumance, lotc dieir wages, fliall lofe their wages. Provided always, that he which cannot expend 40 s. by year, as afore is faid, fnall in no wife be choofer of the knights for the parliament; and that in every writ that fliall hereafcer go forth to the fheriffs to choofe knights for die parliament, mendon be m^ade of the faid ordinances.' A. D. 1429. ANNO iO lO HENRICI VI. C. 2. ANNO IO HENRICI VI. CAP. 2. Certain Things required in him -who JJjall be a Choojer of the Knights of Farliament. CC T ITEM, whereas at the parliament holden at Wcftminfter, the morrow of St. Matthew the H.vi. Z.J. apoftle, the 8th year of the king that now is, it was ordained by the authority of the fame parlia- ment, that the knights of all counties within the rCfilm of England, to be chofen to come to the Parliament hereafter to be holden, fhall be chofen in every county by people dwelling and refiant in the fame, whereof eveiy one fnall have freehold to the value of 403. by year, at the leaft, above ail charges, upon a certain pain contained in the famxC flatute 3(2) not miaking cxprefs mention in the fame, that every man that fhall be chcofer of any fuch knights fliall have freehold to the value of 40s. at the leaft, above all charges, within the fame county, v/here fuch choofer with other like iliall make fuch eledlion, or elfewhere :" (3) ' and therefore our lord the king, willing to make plain declaration of the faid ftatute, by the advice and afient aforefaid, and at the fpecial re- qucft of the fiid commons, hath ordained. That t!ie knights of all counties within the faid realm, to be chofen to come to parliaments hereafter to be ]ioldcn, fnall be chofen in every county by people dwelJing and refiant in the fame, w^heieof every man iliall have ficehold to the value of 40s, 23 HENRICI VI. C. lO. II 40s. by the year, at the lead, above all charges within the fame county where any fuch choofcr will meddle of any fuch eleftion.' a. d. 1432. ANNO 23° HENRICI VI. CAP. lO. 'The Order of levying the TVages cf the Knights of the Pa7'Uar,ient. Item, whereas before this time divers flierilTs in divers counties of England, by colour of w; its to them dire6Led, to levy the wages of the kniglits of the fiiires for the time being, of the parhament of the king that now is, and of his noble progenitors, have levied ir^ore money than hath been due to th.e faid knights, and more than they have delivered, keeping and retaining great part of the money to tlieir ov/n 1110 and profit, to their officers and fervants, to the great lofs of the common people 0/ the faid counties." (2) ' The king, confidering the premifcs, hath ordained by the authority af^refaid. That the fne- riif of every county for die time being, m ihz next county court holden in their counties after the dehvery of the faid v/iits directed to them, fjiall make open proclamation, that the coroners, and every chief conflable of the peace of die faid counties, and die baiilTs of every hundied or wapentalie cf the fame county, and all other whicii will be at the aiTeiTing of t\\t wages of die k!}ights of the fliires, fliall be at the next county there to be holden to allefs the faid wag.'s cf the faid 12 23 HENRICf VI. C. lO. The penalty If {^[r\ knights : ( i) and that the fheriff, undcr- thc fnerif}-, &c. ° ' \oy . levy more m -- fheriiT, coroncrs, or baihrrs for tne time being, nev than is al- , , i r ► • i • r feffcd. be there at the lame time in their proper perion, upon pain of forfeiture, to the king, of every of them that maketh default, 40s. (4) at which time the faid fherilf or under flierifF, in the pre- fence of them that fnall come to the fame, and of the fuitors of the fame counties then being there, in the full county well and duly fliall affefs every hundred to that affeffable by itfelf, to pay a certain fum for the wages of the knights of the fliire, fo that the whole fum of all die hundreds do not exceed the fum which fhall be due to the faid knights. ( 5 ) And after that, in the fame county, they jfhall affefs well and lawfully every village v.'ithin the faid hundreds, v/hich fnould be there affeiTable, to a certain fum for the payment of the faid wages j fo that the v/hole fum of all the towns within any of the faid hundreds, do not exceed the fum afrcfTed upon the hundred of which they be. (6) And that neither the faid Iherifts, under- iherifFs, baihfFs, nor any other officers for thecaufe aforefaid, (liall levy more money of any village than that whereunto they v/ere alTeiTed : (7) and if any do or will affefs any hundred or village othcrwife than is aforefaid, that they fhall forfeit for every default to the king 20I. and to any man which will fjc in this csfe lol. ' And that the faid fneriffs well and duly fhall levy the money fo alfcffed upon the aforefaid vil- lages, as fpeedlly as they well may after the faid aflcfTing, and the fame fhall deliver to the faid knights, according to the writs thereof to be made. 23 HZNRICI VI. C. 14. 13 made, upon the Hiid penalties ; and he that will ^ho may prof:- ' 1 i cute on this att, fue in this cafe, fliall be thereunto admitted and -inJ h wi»« r 1 • r\ • ' 1- r r • r • writ. fliall have for his action in this cafe ?i J are facias againft him that ofFendeth contrary to this ordi- nance : (3) and if the defendant, duly warned in the fame, make default, or elfe appear, and be in the fame convi6l, that then the plaintiffs fliall recover againft them which be fo convi6l 10 1. to their own ufe, over the faid 20 1. with their treble damages for the cofts of their fuirs. ' Andthejufticesofthe king's bench and of the The penalty on common pleas, juftices of aflizes, and gaol de- °^^"'^^"- livery, and juftices of peace in their county, fhall have power to inquire, hear and determine of all the faid defaults, as well by inquiry at the king's fuit, as by adlion at the fuit of the parties ; and that all fuch expences of knights Ihall not be The knight's levied of any other villages, feigniories, or places, icvfed only in but of fuch whereof it hath been levied before this ^;',eT"'^°'""' time. * And that in every fuch wiit from henceforth to be made to levy the wages of the faid knights, this ad fhall be comprehended in the fame.' A. D. 1444. ANNO 23°. HENRICI VI. CAP. I4. Who JJjall he Knights for the Parliament. The Manner of their Ele£fion. The Remedy where one is chojen and mother returned. CC T ITEM, whereas by authority of a parlia- ment holden at Weftminfter, the firft year of the i h. r. c. i. reign 14 23 HENRici vr. c. 14. reign of king Henry, father to the king that now is, amcngil other things it was ordained, that the citizens and burgcffcs of cities and bo- roughs, coming to the parhament, fliould be cho- fen men citizens and biirgeiTes refident, abiding, and free, in the fame cities and boroughs, and none other, as in the fim.e ilatute more fully is contained; (2) which citizens and bnrgefTes have always in cities and boroughs been chofen by ci- tizens and burgeffes, and no other, and to the fheriff of the counties returned, and upon their returns received and accepted by the par- liaments before this holdcn. (3) And alfo, whereas by authority of a parliament holden at Weftmin- 8 H. vi. c. 7. fter, the eighth year of the reign of the king that now is, it v/as ordained in what manner and form the knights of the iliires comiing to parlia- ments, from thenceforth to be holden, iliould be chofen, and how the fherifFs of the faid counties thereupon fliould make tlieir returns, as in the fame flatute more fully appeareth ; (4) by force of which Ilatute eledions of knigiits to come to the parliaments fcmetimes have been duly made and The feven! de- lawfliliv rctumcd, untii now of late, that divers faults ot flienffs ■' in returning of fheiiiFs of thc coundes of the realm of England, for fervi in'parii'a- their fiDgular avail and lucre, have not made due ele6Lions of the knights, nor in convenient timiC, nor good men and true leturned, :ind fonietimes no return of the knights, citizens, and burgefles lawful jy choien to ccme to the pailiamentSi (5) but fuch knights, citizens, or burgeffes have been letiir-ned, which were never duly chofen, and otlier citizens and burgefles than thofe v/hich by mzn:. 'a^ 12 HENRicr VI. c. 14. 15 by the mayors and bailiffs were to the faiJ flieriffs returned ; (6) and fomctimes the fheriffs have not returned the writs which they had to make elefticn of knights to come to the parha- ments, but the faid writs have imbefik^d, and moreover made no precept to the mayor and baihff, or to the baihffs or baihff where no mayor is, of cities and boroughs, for the eleftion of citizens and burgefTes to come to the parhament by the colour of thefc words contained in tlic fame writs, " Quod in pleno comitatu tuo eligi fuicias pro comitatu tuo duos niiiites, et pro qualibec civitate in comitatu tuo duo cives, et pro quolibet burgo in comitatu tuo duos burgenfes j" (7 ) and alfo becaufe fufficient penalty and convenient penalty and convenient remedy for the party in fuch cale grieved is not ordained in die faid fbatutes againft the fheriffs, mayors, and bailiffs, which do con- trary to the form of the faid fbatutes :" ' (8) the king confidering the premifes hath ordained by authority aforefaid. That the faid ftatutes fhali be 7 h- !v- c. 15. duly kept in all points; (9) and moreover that 6 h.' vL' c.' 7.' every flieriff, after the delivery of any fuch writ to him made, fhall make and deliver without fraud, a fufficient precept under his feal to evciy mayor and bailiff, or to bailiffs or bailiff where no mayor is, of the cities and bo- roughs within his county, reciting the faid writ. The fherifFs /hail commanding them by the faid precept, if it to'the mrjor? be a city, to choofe by citizens of the fame citiesaVd'bo- city, citizens, and in the fame mxanner and '"ev?^-^' i^^ eiea ^ ^ ■' citizens and bur- form if it be a borouc^h, by the burgeffes of the s°'^" ^^ ''^"^ ^" *-> ^ c? ^ pariiamiinr. fame 1$ 23 HENRICI VI. C. 14. fame, to come to parliament. ( 10) And that the fame mayor and baihfFs, or bailiffs or bailiff where no mayor is, fhall return lawflilly the pre- cept to the fame fheriffs, by indentures betwixt the famxe fheriffs and them to be made of the fame elc'ilions, and of the names of the faid ci- tizens and burgelfes by them fo chofen, and thereupon eveiy fheriff fliall make a good and rightful return, of every fuch writ and of every return by the mayors and baihffs, or bailiffs or bailiff where no mayor is, to him made. The penalty on ( 1 1 ) And that cvciy fhcriif at every time that a ftierift' making , , , i • n_ i an undue return he doth Contrary to this itatute, or any other ^Ji^r^^u'"^ ftatutes for the eleftion of knights, citizens and burgeffes to come to the parliament, before this time made, fhall incur the pain contain- ed in the faid flatute made the faid 8 th year, and moreover iliall forfeit and pay to every perfon hereafter chofen knight, citizen, or burgefs in his count}^, to come to any parliament and not duly returned, or to any other perfon, which in de- fault of fuch knight, citizen, or burgefs will fue, lool. whereof every knight, citizen, and burgefs, fo grieved, feverally, or any other perfon which in their defiiult will fue, fliall have his aflion of debt againil ti\e faid fheriff, or his executors or adminifirators, to demand and have the faid looi* with his cods fpent in that cafe. (12) And that in fuch action taken by virtue of this flatute the defendant fhall not wage his law of the demand aforefaid in any V/ife, (13) and that no defen- dant in fuch a6lion fhall have any effoin. (14) And in the fame manner at every time that any mayor !23 HENRICI VI. C. I4. ^7 mayor and bailiffs, or bailiffs or bailiff where no The penalty on mayor is, jQi all return other than thole which be baiiift malting an ^ ^ , . . 1 , n- r 1 • • undue return. chofen by the citizens and biirgelies ot the cities or boroughs wliere fuch eleftions be or fhall be made, flTall incur and forfeit to the king 40 1. and moreover firall forfeit and pay to every per- fon hereafter chofen citizen and burgefs to come to the parliament, and not returned by the fame mayor and bailiff, or baihffs or baihff where no mayor is, or to any other perfon which in de- fault of fuch citizen or burgefs fo chofen, will fue, 40 1. whereof every of the citizens and bur- geffes fo grieved feverally, or any other perfon, which in default will fue, fhall have his a61:ion of debt againft every of the faid mayor and baihffs, or bailiffs or bailiff where no mayor is, againft their executors or adminiftrators, to demand and have of every the faid mayor and bailiffs, or bailiffs or bailiff where no mayor is, 40 1. with his cofts in this cafe expended ; (15) and that in fuch a6tion of debt, taken by force of this ftatutc, no defen- dant in any wife fhall wage his law of the faid demand, nor have any eflbin. * And tliat eveiy iheriff that maketh no due cleftion of knights to come to the parliament, in convenient time, that is to fay, every flieriff in liis full county, betwixt the hour of 8 and the Iiour At ^vhat t;m? of of II before noon, without collufion in this be- kl'igti t'r »he half; (2) and that every fheriffthat maketh not fh^L'!"" ''' good and true return of fuch elefti^ons of knio-hts to come to the parliament in time to come, as to them pertaineth, in manner and form aforefaid, fhall forfeit to the king lool. and alfo Oiall incur » tiie i8 23 HENRici vr. c. 14. the penalty of an lool. to be paid to him that will fuc againil him, his executors or adminillra- tors, for this caule, by way of action of debt, with jiis cofts in this behalf expended, without waging of law of his demand, or having effoin as afore is faid. ' Provided always. That every knight, citizen, and burgefs, to come to any parliament, hereaf- ter to be hoiden in due form, chofen and not re- turned as afore is faid, fhall begin his a6tion of Suits to be com- debt aforefaid, within 3 months after the fame men ced within 3 ,. , j • i r months after the parliament commenced, to proceed m the lame p.Hbmcntbe- ^^-^ effeaually without fraud; (2) and if he fo do not, anotlier that will fue fhall have the faid ac- tion of debt (as it is before faid) and fliall recover the fame fum with his cofts ipent in this behalf^ in manner and form aforefaid, fo that no defen- dant in fuch a6tion fliall wage his law, nor be ef- foined in any wife as aforefaid; (3) and if any knight, citizen, or burgefs, hereafter returned by the fherilFto come to the parliament in the man- ner aforefaid, after fuch return, be by any perfon put out, and another put in his place, that fuch perfon fo put in the place of him which is out, if The penalty if hc take upon him to be knight, citizen, or bur- any chofen to bt - ,. . . n ii r knight, cidzen, gcls, at any parham.ent in time to come, ihall ror- putoufandauo- ^^^^ to tlic king lool. and icol. to the knight, p'uc'er' '" **" cidzen, or buigefs, fo returned by the Iheriff, and after as aforefaid put out ; (4) and that the knight, citizen, or burg^efs, which is fo put out, fhall have an aftion of debt of the fame lOol. againft fuch per- fon put in his place, his executors or adminiftra- tors; (5) provided always. That he fhall begin 2 his 6 HENRICI VIII. C. l6. 19 his fuit within three months after the parliament commenced; (6) and if he do not, then he that will fue fhall have an a6lion of debt of the fame lool. againft him, which is put in place of him that is fo put out after fuch return, his executors, or adminillrators, and that no defendant in fuch adion, fliall wage his law nor be effoined ; (7 ) and that fuch procefs fliall be in the actions afore- faid, as in a writ of trefpafs done againft the peace at the common law ; ( 8 ) fo thnt the knights of the fliires for the parliament, hereafter to be cho- fen, fhall be notable knights of the fame counties for which they fliall be chofen ; or otherwife fuch notable efquires, gentlemen of the fame counties, what fort of as fliall be able to be knights; (9) and no man JhSn'SiS to be fuch knight which fliandeth in the degree of °^^'^ ^''''"' a yeoman and under.' a. d. 1444. ANNO 6° HENRICI VIII. CAP. l6. ^n A^ that no Knights of Shires nor Burgejfes de- part before the End of Parliament, r ORASMUCH as commonly in the end of every parliament divers and many great and weighty matters, as well touching die pleafure, weal, and furety of our fovereign lord tlie king, as the common v/eal of this his realm and fubjects, are to be' treated, communed of, and by autho- rity of parliament to be concluded; (2) fo it is that divers knights of fliires, citizens for cities, burgeflies for boroughs, and barons of the cinque B 2 poits. 20 6 HENRICI VIII. C. l6. ports, long time before the end of the fald parlia- ment, of their own authorities, depart and go home into their countries, whereby the faid great and weighty matters are many times greatly de- layed; (3) in confideration whereof, be it enadt- ed by the king our fovereign lord, the lords fpi- ritual and temporal, and the commons in this prefent parliament alTeitibled, and by authority of the fame. That from henceforth none of the faid knights, citizens, burgeffes, and barons, nor any of them that fhall hereafter be eleftcd to come or be in any parliament, do not depart from the faid Members not to parliament, nor abfent himfelf from the fame, till reivM without ^^"^^ ^2.id parliament be fully finiflied, ended, or leave. prorogued, except he or they fo departing have licence of the fpeaker and commons, in the faid parliament affembled, and the fame licence be en- tered of record in the book of the clerk of the parliament, appointed or to be appointed for the commons houfe, upon pain to every of them fo departing, or abfenting themfelves in any other manner, to lofe all thofe fums of money which he or they Ihould or ought to have had for his or their wages ; (4) and that all the counties, cities, and boroughs, whereof any fuch perfon fhall be eleded, and the inhabitants of the fame, fliall be clearly difcharged of all the faid wages againft the faid perfon and perfons, and their executors, for evermore.* a. d. 1514. ANNO 27 HENRICI Vlir. C. 26. 2J ANNO 27° HENRICI VIII. CAP. 16, Concerning the Laws to be ufed in Wales. 28. And it is further enadc'cl by the au- thority aforcfaid, That for this prefcnt parlia- ment, and all other parliaments to be holden and kept for this realm, two knights fliall be chofen and elected to the fame parhament for the Ihire of Monmouth, and one burgefs for the borough Two lcn;g^.ts for of iMonmouth, in like manner, form, and order, Monmoutt, and as knio-hts and buip-efies of the parliament to be °"' ''"'S''^' ^"^ ^ *-* -r the town, ele6led and chofen in all other fliires of this realm of England; (2) and that the fame knights and burgciles fliall have like dignity, pre-eminence, and privilege, (3) and fliall be allowed fuch fees as other knights and bui"gefl"es of the parliament have been allowed j (4) and the knights fees to be levied, perceived, received, gathered, and paid, in fuch mianner, form, and order, as fuch fees be gathered, levied, perceived, received, and paid, in other fliires of this realm of England; (5) and the burgefl^es fees to be levied as well within the bo- rough of Monmouth, as within all other ancient boroughs v/ithin the faid fliire of Monmouth. 29. And that for this prefent parliament, and Ki.ight^ and bur- all other parliaments, to be holden and kept for pSSmcnttn this realm, one knig-ht fliall be chofen and elect- )^"'"' -"""^ "^^'^ ed to the fame parliaments, for every of the fliires of Brecknock, Radnor, Montgomery, and Den- bigh, and for every other fliire within the country or dominion of Wales ; (2) and for every bo- rough, being a ihire town widiin the faid country B 3 or 22 34 ET 35 HENRici VIII. c. 13. or dominion of Wales, except the fhire town of the aforefaid county of Monmouth, one burgefs j (3) and the eleftion to be in like manner, form, and order, as knights and burgefies of the parlia- ment, to be elefted and chofen in other fliires of this realm ; (4) and that the knights and bur- gefies, and every of them, fliall have like dignity, pre-eminence, and privilege, and fhall be allow- • ed fuch fees, as odier knights of the parliament have and be allowed \ ( 5 ) and the knights fees to be levied and gathered of the commons of the fhire that they be elected in j (6) and the bur- gelTes fees to be levied and gathered as well of the boroughs and fhire towns, as they be bur- gefl^es ofj as of all odier boroughs within the fame ihires. a, d, 1535. ANNO 34° & 35° HENRICI VIII. CAP. 1 3. Ayi A^ for making cf Knights and Burgejfes within the County and City of Chcjler. 1 O the king our fovereign lord, in moft humble wife, fhew unto your excellent majefty, the inhabitants of your grace's county palatine of Chefler, That where the faid county palatine of Cheller is and hath been always hitherto exempt, excluded, and feparated, out and from your high court of parliament to have any knights and burgefies within the faid court j by reafon whereof the faid inhabitants have hitherto fuf- l;ained manifold diilierifons, lofiTes, and damages, as 34 ET 2S HENRICI VHI. C. 1 3. 23 as well in their lands, goods, and bodies, as in the good, civil, and politic governance and maintenance of the common-wealdi of their faid country: (2) and forafmuch as the faid inhabi- tants have always hitherto been bound by the ads and ftatu-ies made and ordained by your laid highnefs and your moil noble progenitors, by authority of the faid court, as far forth as other counties, cities, and boroughs have been diat have had their knights and burgeffes within your faid court of parliament, and yet have had nei- their knight nor burgefs there for the faid county palatine, the faid inhabitants, for lack thereof^ have been oftentimes touched and grieved with acts and ftatiites made widiin the faid court, as well derogatory unto the moft ancient jurifdic- tions, liberties, and privileges of your faid county palatine, as prejudicial unto the common-wealth, quietnefs, reft, and peace of your grace's moft bounden fubjeds inhabiting widiin the fame :' (3) for remedy whereof, may it pleafe your faid higlinefs that it may be enaded, with the aiVent of die lords fpiritual and temporal, and the com- mons in this prefent parliament alTembled, and by the authority of the fame, Tliat from the end of this prefent fefllon, the faid county palatine of Chefter ftiall have two knights for die faid county The county of palatine, and likewife t\vo cidzens to be burgeffes hll^c^^voSius for the city of Chefter, to be eleded and chofen f'"- ^''c ftire, ' and the city of byprocefsto be awarded by the chancellor of ch-ftcrt^'lbur- England, unto the chamberlain of Chefter, parliament, his heutenant or deputy for the dme being; (4) and alfo like procefs to be made by the faid chamberlain, his lieutenant or deputy, to the B 4 ftierifF 24 35 HENRICI VIII. C. II. fiierlff of the faid county of Chefter; (5) and the fame ele6lion to be made under like manner and form to all intents, conflrudions^ and pur- pofes, as is ufed within the county palatine of Lancafter, or any other county and city within this realm of England j (6) which faid knights and burgeffes, and every of them fo elected and chofen, fliall be returned by the faid fheriff into the chancery of England in due form, and upon like pains as it is ordained that the fheriff or fherifFs of any other county within this realm fhould make their return in like cafej (7) and which faid knights and burgelTes, and every of them fo eleded and returned, fhall be knights and burgeffes of the court of parliament, and have like voice and authority to all intents and purpofes as any other the knights and burgeffes of the faid court of parHament have, ufe, and enjoy ; (8) and in like wife fhall and may take all and every fuch like hberties, advantages, dig- nities, privileges, wages, fees, and commodities, concerning this faid court of parliament, to all intents, conflruftions, -and purpofes, as any other the knights and burgeffes of the faid court fhall, may, or ought to, have, take, or enjoy. A.D. 1542. ANNO 35° HENRICI VIII. CAP. II. 'J'he Bill for Knights and Burgeffes in Wales^ con^ cerning the Payment of their Fees and JVages, W HERE the knights of all and every ihire of this realm of England and Wales, and the ^^ HENRICI VIII. C. IT. 25 the biirgcffes of all citicSj towns and boroughs of the fame be named, elefted, and chofen for thfc'ir affembly in the king's high court of par- liament, as by ancient laudable laws and cuf- toms of this realm hath been uicd and accuf- tomed, at and by the king's majefty's high commandments, unto the which knights and burgelTes their fees and wages be afligned cer- tainly; that is to fay, to every knight by the day 4s. and to every citizen and burgcfs by the day 2s. or more, as heretofore hath been ac- cuftomed, (2) accounting for the fame fo many days as the laid high court of parliament en- dureth, with addition thereunto of fo many days as every fuch knight and burgefs may reafon- ably journey and refort from their habitations or dwelling places to the faid high court of par- liament, and from the faid high court to return to their habitations or dwelling places, together with their cofts of writs, and other ordinary fees and charges ; (3) which wages, fees, and charges, at all times ought to be levied and collected by the fherifFs, and by the mayors, bailiffs, and other head officers of .and in the cities, boroughs, and towns aforefaid, v/hcrein I'ome of the faid Iheriffs, mayors, and bailiffs, vind other head officers, have been negligent and laches, not endeavouring th.emfelvcs in accompliffiment of their duties in collection and payment of the fame in due form, according to juftice, to the great hurt, injury, and delay of the king's faid fubjefts.' (4) Be it therefore enacted by the authority of this prellnt parlia- ment. iS 35 HENRIci VIII. C. II. The/herifTfliaii mcnt, that thc Ihcriffs for the time being, of C3Ciicr tnc W3''cs of the knights every of the twelve fhires in Wales, and in the in wills'^ andTn county of MoniTiouth, from the beginning of this Monmouth. prefent parliament, fhall have flill power and authority by force of this aft to gather and levy, or cr^ufe to be gathered and levied, the faid knights fees and wages, of the inhabitants of the faid twelve fhires, and of the faid coiinty of Monmouth, which ought to pay the fame ; and the fame fo gathered, fhall pay, or caufe to be paid to every fuch knight or knights, or to his or their affjgns, within the term of two months after that any fuch knight or Icnights fhall deliver or caufe to be delivered, the king's writ de Jclutkne fecdi militis parliamentiy to any fuch fherifFj (5) and every fuch fherifF inaking de- f luk of payment of die faid wages or fees, in manner and form as is aforefaid, to lofe and for- feit 20I. whereof the one moiety to be to the king's ufe, and the other to his or their ufe that will file for the fame in any of the king's courts of record, by information, bill, or plaint, or otherwife afore any of the king's officers, where- in no effoin, proteftion, or wager of law fhall be admitted. (6) And if it fhall happen to any flieriff, in any of the faid twelve fhires and county of Monmouth, to make default of payment of the faid wages or fees by a longer term than two months, then every fuch fherifF to forfeit for every month that he or they fliall make default 20I. to be forfeited and levied in manner and form as aforefaid. And 35 HENRicr vrii. c. ii. 27 And that every mayor and bailiff, and other The levying of , , -^ ^ . . , , , .the wa.^es or the ht."ad ofhccrs or cities, boroughs, and towns in buigcu.. or par- every of the faid twelve fhires, and in the laid ''*'"'^"^* county of Monmouth, within like term and fpace of two months after the receipt of the king's majeily's writ de JdiUione feod' burgeris' farliar.ienf.^ like as is before mentioned for gathering or levying of the knights fees, flivill levy, gather and pay the wages and fees to dieir burgefles in like manner and form as is aforefaid, and in and under like pains and forfeitures, as be befor;i mentioned to be levied of the goods and chattels of every fiich mayor, bailiff and odier head officer to whom the king's faid v, rit fliall be direfted for the levying of fuch fees, making default of payment of the faid fees and wages to the burgefles in manner and form as is aforefaid. And be it further ena6tcd, by the authority aforefaid, forafmuch as the inhabitants of all cities and boroughs in every the faid twelve fhires within Wales, and in the faid county of Mon- mouth, not finding burgefles for the parliament themfelves, miift bear and pay the burgefits w^a- ges within the fliire towns of, and in every the fliid twelve lliires in Wales, and in the faid county of Monmouth, That from the beginning of the faid parliament, the burgelfes of all and every of the faid ■ cities, borouglis, and towns which be and fliall be contributary to the payment of the btirgeffes wages of the faid fhire towns, fliall be lawfully admonifhed by proclamation or otherwife, by the mayors, bailiffs, or odicr head officers of the faid 28 35 HENRICI VIII. C. II. Who (V.all Se •hoofers of the buigefles of par- liament in Wales and Mojimouth. Rating of bo- roughs and in- habitants ff.r the burgeil'es wages. faid towns, or by one of them to come and to give their votes for the ele6ling of the faid burgelTes at fuch time and place lawful and rea- fonable as fnall be affigned for the fame intent by the faid mayors, bailiffs, and other head of- ficers of the faid fliire towns, or by one of theiii j in which eleftions the burgefTes fhall have like voice and authority to elect, name, and choofe the burgeffes of every the faid fhire towns, like and in fuch manner as the burgeffes of the faid fhire towns have or ufe. Provided always that two juftices of the peace in every of the Ihires in Wales, and in the faid county of Monmoudi by force of this ad, fhall have full power and authority indifferently to lot and tax every city, borough, and town within the fhires in Wales, wherein they do inhabit, and in the faid county of Monmouth, for the portions and rates that every the faid cities and boroughs Ihall bear and pay towards the faid burgeffes, within the faid fhire towns of every of the faid iliires in Wales and the county of Monmouth ; (2) which rates fo rated and taxed in grofs by the faid two juftices of peace as is aforefaid, fliall be again rated and taxed on the inhabitants of every the faid cities and boroughs, by four or fix difcrect and fubflantiai burgefies of every the faid cities and boroughs in Wales, thereunto named and afrigned by the mayor, bailiffs or other head officers of the faid cities, tov/ns, and boroughs, for the time being, and tliereupon tlie mayors, bailiffs, or other head officers of every fuch city, borough, and town, to collect and gather the fame, and thereof to make payir.enc 25 CAROLI II. C. 9. 29 payment, in manner and form as is aforcfaid, to the burgelTes of the parhamcnt for the time being, within hke time, and upon the hke pains and forfeitures as is abovemcntioned. a. d. 1543. ANNO 25° CAROLI II. CAP. 9. An A^ to enable the County Palatine of Durham to fend Knights and Burgefjes to ferve in Parlia- ment. ' Whereas the inhabitants of the county palatine of Durham, have not hitherto had the liberty and privilege of elefting and fending any kniglits and burgelTes to the high court of parliament, although the inhabitants of the faid county palatine are liable to all payments, rates, and fubfidies granted by parliament, equally with the inhabitants of other counties, cities, and boroughs in this kingdom who have their knights and burgefies in the parhament, and are therefore concerned equally with others the inhabitants of this kingdom, to have knights and burgefies in the faid high court of parliament of their own eledion, to reprefent the condition of their coun- ty, as the inhabitants of other counties, cities, and boroughs of this kingdom have;' (2) wherefore may it plcafe your maiefty, that it may be enact- ed, and be it enacled by the king's mofb excel- lent majefly, by and with the advice and afiTcnt of the lords fpiritual and temporal, and the com- mons in this prefent parliament afiembled, and by the 30 25 CAROLI ri. c. 9. jrgf Parliamen: the authority of the fame, That from time to time, and at ail times from and after the end of this The county pa- prcfcnt fefTion of parliament, the faid county pa- ham^to lend tWo latine of Durham, may have two knights for the Jhe cityo/Dur- ^^'""^^ county, and the city of Durham two citi- hain tofcnd two zens to be burgeffes for the fame city, forever burgf (Tes to ^ ^ _ -^ ' _ hereafter to fervein the high court of parhament; (3) to be eleded and chofen by virtue of your ma- jclty's writ, to be awarded by the lord chancellor, or lord keeper of the great feal of England for the time being, in that behalf, to the lord bifhcp of Durham, or his temporal chancellor of the faid county of Durham, and a precept to be thereupon grounded, and made by the lord billiop of Durham, or his tem.poral chancellor for the time being, to the IherifF of the faid county for the time being ; (4) and the fame election from time to time to be made in the manner and form following, that is to fay, the eleftions of the knights to fcrve for the faid county palatine from time to time hereafter to be made by the greater number of freeholders of the faid county palatine of Durham, which from time to time fhall be prefent at fuch eledions, accordingly as is ufed in other counties in this your majeily's kingdom ; (5) and that the ^eleftion of the faid burgeffes from time to time, to ferve in the high court of parliament for the city of Durham, to be made from time to time by the major part of the mayor, aldermen, and f eemen of the faid city of Dur- ham, which from time to time fliall be prefent at fuch elections ; (6) which faid knights and burgeffes and eveiy of tliem, fo elefted or re- turned. How the elec- tions are to be made. To he TT'Tirn'^d by then-.cn^'. JO CAROLI II. STAT. 2. C. I. 3I turnctl, fliall be returned by the faid llieritT into the chancery of England, indue form, and upon the like pains as be ordained for the flieriti' or fherifFs of any other county of this kingdom to make his or their returns in like cafes; (7) and that the faid Ivnights and burgelTes and every of them, fo elected and returned, fhall be by autho- rity of this prefent aft, knights and burgeires of the high couit of parliament, to all intents and purpofes, and have and ufe the like voice, autho- rity, and places therein, to all intents and pur- pofes, as any other the knights and burgeffes of the faid high court of parliament, have, ufe and enjoy, and iikewife fliall and may, by virtue of this pre- fent ad, take, have, ufe, and enjoy all fuch and the like liberties, advantages, dignities and pri- vileges concerning the faid court of parliament to all intents, conftruftions and purpofes as any other the knights and burgeffes of the faid high court of parliament have taken, had, ufed or en- joyed, or fhall, may or ought hereafter to have, take, or enjoy. a. d. 1672. ANNO 30° CAROLI II. STAT. 2, CAP. I. An Act for the more effectual prefervhig the Kings Perjon and Government ^ by dtjabling Papifis from fitting in either. Houfe of Parliament. r ORx^SMUCH as divers good laws have been made for preventing the increafe and danger of popery in this kingdom, which have not had the defircd effedls, by reafoii of the free accefs which ^2 ^O CAROLI II. STAT. 2. C. I. which popifh recufants have had to his majefly's court, and by reafon of the hberty which, of late, fome of the recufants have had and taken to fit and vote in parhament.' Wherefore, and for the fafety of his majefty's royal peifon and government, be it ena6ted by the king's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and of the commons, in this prefent parhament alTembled, and by the authority of the fame. That from and after the firilday of Decem- ber, which fhall be in the year of our Lord God Ko p-rfon to be 1 67 8, no pcrfon that now is or hereafter fhall be ukk^fc die oaths! ^ P^^^* of tliis realm, or mem.ber of the houfe of peers, fhall vote, or mjake his proxy in the houfe of peers, or fit there during any debate in the faid houfe of peers; (2) nor any perlbn that now is or hereafter fhall be a member of the houfe of comm.ons, fhall vote in the houfe of commons, or fit there during any debate in die faid houfe of comm.ons after the Ipeaker is chofen j (3) until fuch peer or member fliall, from time to time refpeelively, and in manner following, firft take For tTif fe onths the fevcral oaths of allegiance and fupremacy, fcff.\. c^i. ' and m-ake, fubfcribe, and audibly repeat this de- ^ 2* ^'^' claration follov/ing : The dcciarr.tion. ' I, A. B. do folemnly and fincerely, in the pre- fcnce of God, profefs, teflify, and declare, that I do believe that in the Sacrament of the Lord's Supper, there is not any tranfubftantiation of the elements of bread and wine into the body and blood of Chrift, at or after the confecration thereof by any perlbn whatfcever: (2) and that the invocation 3 or 30 CAROLI II. STAT. 2. C. I. ^;^ or adoration of the Virgin Mary, or any other faint, and the lacrlfice of the Mafs, as they are now ufcd in the church of Rome, aie fuperilitious ^j^.^ dechrauon and idolatrous, (i) And I do folemnly, in the to be fubfcnbcd prefence of God, profefs, teftify, and dtclarc, that Papifts at their I do make this declaration and every part thereof, i^Anna?/ft. i. in the plain and ordinary kn(c of the words read '^' ^^' ^ '* unto me, as they are commonly underftood by Englifli Protellants, without any evafion, equi- vocation or mental refervation whatfoever, and without any difpenllition already granted me for this purpofe by the Pope, or any other authority or perfon whatfoever, or without any hope of any fuch difpenfation from any perfon or authority whatfoever, or without thinking, that I am or can be acquitted before God or nian, or abfolved, of this declaration or any part thereof^ although tlie Pope, or any other perfon or perfons or power whatfoever, fliould difpenfe with or annul the fame, or declare that it was null or void from the beginning.' 4.- Which faid oaths and declarations Ihall be in this and every fucceeding parliament, folemnly and publicly made and fubfcribed betwixt the hours of nine in the morning and four in the afternoon, by every fuch peer and member of the houfe of The time ana peers, at tlie table in the middle of the faid houfe, £" o^'^chr and before he takes his place in the faid houfe of ;j;;'^:;;|\';^/;i^: peers, and whilft a full houfe of peers is there ciaration. with their fpeakc-r in his place; (2) and by every fuch member of the houfe of commons, at the table in the middle of the faid houfe, and whilft a full houfe of commons is there duly fitting with their fpcaker in his chair; (3) and that the fame c be 34 jO CAROLI 11. STAT. 2. C. I. be done in either houle, in fuch like order or me - thod as each houfc is called over by relpe6tively.i 5 . And be it further enaftcd, That from and after Members oipar- the faid firft day of December, every peer of this fwearing nnd de- Tcalm and member of the houfe of peers, and every Sr^ind \ecl'- peer of the kingdom of S cotland or of the kingdom forbidd^riS:' ^^' ^ ^'^^^^^y being of the age of one and twenty years king's or queen's or iiDwards, not havins; taken the faid oaths and made and fubfcribed the laid declaration; (2) and every member of the laid houfe of commons not having as aforefaid taken the faid oaths, and made and fubfcribed the faid declaration; (3) and every perfon now or hereafter convi6led of Popifli recufancy, (4) who hereafter fhall at any time, after the faid firft day of December, come advifediy into or remain in the prefence of the king's majefty, or queen's majefty, or fhail come into the court or houfe where they or any of them refide, as well during the reign of his prefent ma • jdcy (whofe life God long prefcrve) as during the reigns of any of his royal fucceflbrs kings or queens of England; (5) fliall incur andfufterall the pains, penaltiesj,ibrfeitures, and difabilities, in this aft mentioned or contained; (6) unlefs fuch peer, member or perfon fo convicted, do reipec- tively, in the next term after fuch his coming or remaining, take the faid oaths, and make and fubfcribe the faid declaration in his majefty's high court of chancery between the hours of nine and twelve in the forenoon. 6. And be it further enabled by the authori- ty aforefaid, That if any perfon that now is, or hereafter fhall be a peer of this realm, or rocmber of the houfe of peers, or member of the 2 ■ houfe jO CAROLI II. STAT. 2. C. T. 's n hoiife of commons, fliall prcfume to do any thing contniry to this aft, or fliall oflcnd in any of the cales afbrcliiic] -, That then every flich peer and member \o offending, Hi all from thenceforth be dew ned and adjudged a Popilh rccufant conviit The penalty np- toall intents and purpofcs whatfoever; (2) and J^-i^rnrof- Tnall forfeit and fuPrer as a Popifli rccufant con- t-^^ding contrary i to this aa. vict ; (3) and fnall be difabled to hold or execute any office or place of profit or triift, civil or mili- tary, in any of his majelty's realms of England or Ireland, dominion of Wales, or town of Berwick upon Tweed, or in any of his majefty's iflands, or foreign plantations to the faid realms belong- ing ; (4) and fliall be difabled from thenceforth to fit or vote in eidier houfc of parliament, or make a proxy in the houfe of peers, (5) or to fue or ufe any a6lion, bill, plaint, or information in courfe of law, or to profecute any fuit in any court of equity, (6) or to be guardian of any child, or executor or adm-inillrator ofanyperfon, (7) or capable of any legacy or deed of gift, (8) and fliall forfeit, for ever)' wilful offence againfl: this aft, the fum of five hundred pounds to be reco- vered and received by him or them that fhall fue for the fame, and may be profecuted by any ac- tion of debt, fuit, bill, plaint, or information in any of his majefty's coui-ts at Wefl:min{ler, wherein no effoin, proteftion, or wager of law fhall lie. 7. And be it further cnafted by the authority ^•'"^1'" ^°^^'^ °^' , ' pirhament may arorelaid, That from the f.iid firft day of Decern- cufe any of ber, it fhall and may be lawful, to and for the to fwear ani houfe of peers and houfe of commons, or either [oST "" "" of them rerp-ftiv{,'ly, as ofcen as they or cither of c 1 them ^$ 30 CAROLI ir. STAT. 2. C. I, them Ihall fee occafion, either in this prefent pa? -> liament, or any ether hereafcer to b-.:^ holden, to order and caufe ail or any of the me mbero of their refpeftive houfes of parhamenr, openly in tneir re- fpcclive houfes of parliament, to take the fai4 oaths, and to make and fubfcribc the faid decla- ration, at fiich dmes and in fuch manner as the y fhall appoint. (2) And if any peer Ihall, con- trary to fuch order miade by their faid houfc, wil- fully prefume to fit therein, without taking the faid oaths, and fubfcribing the faid declaration, according to the faid order, every fuch peer or member of the houfe of peers, fo prefuming to , fit, Ihall be adjudged, and is hereby declared, to be uncapable, and difabled in law, to all intents and purpofes whatfoever, to fit in the faid houfe of peers, and give any voice therein, either by proxy or otherwife howfoever, during that parlia- ment j (3) and if any member or m.embers of the houfe of commons Ihall, contrary to fuch prder made by their hpufe, -i.vilfully prefume to fit therein, without taking the faid caths, and making and fublcribing the faid declaradon, every fuch member or men:bers of the houfe of com- mons fo prefurning to lit, fliail be adjudged, and is hereby declared, to be uncapable and difabled in law, to all intents and purpofes whatfucvei , to fit in the faid houfe of comiiions, or give any voice therein during that parliament. 8. And be it enacled. That in every cafe where any member or members of the houfe of com- mons fhall, by virtue of this a6t, be difabled to fit or vote in the houfe of commons, then and in every fuch cafe, without any further conviction or ciedioas. 2 CULIELMI ET MARI^, SESS. T. C. 7. 37 ©r Other nroceedins;s aeainft fuch member or '^'^^ p'^"^ ,"*" members, the place or places for which they or J»o"'c of' c<>"i- any of them were eledlcd, be hereby declared vote, fhaii be void • 1 /• \ 1 V '^ n 1^ ■ rr- and writs ifliied voidi (2) and a new writ or writs lliall iHiie out out for new of the high court of chancery by Wii.rrant or warrants from the fpeaker of the houfe of com- mons for the tim.e being, and by order of the faid houfe, for the election of a new member or members to ferve in the houfe of commons, in the place or places of fuch member or members fo difabled, to all intents and purpofes, as if fuch member or members were naturally dead. A. D. 1677. ANNO 2° CULIELMI ET MARI^., SESS. I. C. J. An A£l to declare the Right and Freedom of EleBion of Merabers to ferine in Parliament, for the Cinque Ports. ' Whereas the eleaion of members to ferve in parliament ought to be free ; and whereas the late lord wardens of the cinque ports have pretended unto, and claimed as of right, a power of nominating and recommending to each of the faid cinque ports, the two ancient to v/ns, and their refpedive members, one pei Ton whom they ought to eled to ferve as a baron or member of parliament for fuch refpedive port, ancient town, or member, contrary to the ancient ufage, ripht and freedom of eledions :' 2. Be it therefore declared and enaded by the king's andqueen'smoft excellent majeflies, by and with the advice and conient of the lords fpi- c 3 ritual 2% 5 GULIELMI ET MARI^, CAP. 7. ritual and temporal and commons in this prc- fent parliament alTcmbled, and by the authority of Rfcommend.u;- the fciiTic, That all luch nominations or recommen- ons of members j • •, 111 to the cinvjc dations were and are contrary to the laws and con- P""'^' flltiition of this realm, and for the future fhall bi: fo deemed and conftrued, and hereby are de- clared to have been, and are, void to all intents and purpofes whatfoever; any pretence to the con- trary notwithflanding. a. d. 1690. ANNO 5° GULIELMI ET MARINE, CAP. J. A71 ASl for fi'c.rit'mg to their Majejlies certc.in Rates and Duties upon Salt end upon Beer^ Ale, and other Liquors J for Jecuring certain Recompences and Adi'antages in the Jaid A51 mentioned, to Juch Perjcns as fhall voluntarily advance the fum of Ten Hundred Thoujand Pounds toi^ards carry- ing on the IVar againfi France, 57. i ROVIDED always, and be it ena6led by die authority aforefaid. That no member of the hcufe of commons fliall at any time be con-r cerned directly or indireftly, or any other in tiud for him, in the farming, coUefting, or ma- naging any of the fums of money, duties, or other aido granted to their majefties by this aft, or that heii^afcer fuall be granted by any other Ko mcmkcrj, a6l of parliament i except the commiflloners of except cumminTu i /• -k -k m ^ • r- oner* of treafury thc trcalury, and the officers and commil- T.^Ncat:'^to''bt fi<^"^rs for managing the cuftoms and excife, not farmer,. exceeding the prefent number in each office, and thofe appointed to be commiiTioners for putting jn cxecuuon an aft, intitled, an Aft for granting t«} 5 CULIELMI ET MARl/Ey CAP. 20. 39 to their majcfties an aid of four fliillings in thd pound for one year, for carrying on a vigorous war againft France, as to their executing only the authority of the faid aCt, by which they are ap- pointed commiflioners. Provided always. That Thomas Neale, Efq. may be employed by their majefiies as they fliall think fit, in the ordering, or managing the feveral recompences and advan- tages hereby given to the contributors upon this aft, any thing in this a6l contained to the con- trary notwithftanding. A. D. 1694. ANNO 5 CULIELMI ET MARI/E, CAP. 20. An A5f for granting to their Majefiies feveral Rates and Duties upon T'onnage of Ships and Vejfels, and upon Beer J Ale, and other Liquors , for fecuring certain Recompences and Advantages in the faid Aol mentioned y to Juch Perfons as fJjall voluntarily advance the Sum of Fifteen Hundred 'T'houfand Pounds towards carrying on the War againfi France. ';}^i^. ' /\ND whereas by an a6t of this prefent felTion of parhament, intitled, an Aft for granting to explain to their majefties certain rates and duties upon fait, and upon beer, ale, and other liquors, for fecuring certain recom.pences and advantages, in the faid aft mentioned, to fuch perfons as fliall voluntarily advance the fum of ten hundred tliou- fand pounds towards carrying on the war againft France ;' it is enafted, That no member of the houfe of commons flTail at any time be concerned c 4 in 5 w. & M . 57- 40 5 GULIELMI ET MARI^, CAP. 10. in the farming, collefting, or managing any fum or fums of money, duties, or other aids, by the faid ad, or any other aft of parhament granted, or to be granted to their majefties, except the perfons in the faid a6l excepted j and whereas fome doubts may arife, whether any member or members of parhament may be concerned in the corporation to be eredled in purfuance of this acl : Be it therefore declared and enacted by the Members of par- authority aforcfaid. That it fhall and may be co^erneTm the lawful to, and for, any member or members of corporation. ^.j^^ houfc of commons, to be a member or members of the faid corporation for the purpofes in this aft mentioned ] any thing in the faid re- cited a6t contained to the contrary in any wife notwithftanding. Officers excifc not 48. And to the end the great duties of excife, and the powers given for the colleding and levy- ing the fame, may not be employed for the in- fluencing of eledions of members to ferve in par- liament, which eledlions, by the conilitution of this government, ought to be free and uncorrupt; be it enafted by the authority aforefaid. That in the from and after the ifl day of May, in the year ^;iv.ii(^ ii'^itopcr- C T ^ fuidc in the or our L.ord 1694, no colleflor, fupervifor, choice of mcni- ^„,,^ i r»» ^ ber*. gauger, or other officer, or per fon whatever con- cerned or employed in the charging, coliefting, levying, or managing the duties of excife or any branch or part thereof, fliall, by v/ord, mefiage, or writing, or in any other manner v/hatfo- ever endeavour to perfuade any eleftor to give, or dilTuade any elecTior from giving, his vote for the choice of any perfon to be a knight of the fhire 6 GULIELMI ET MARI.«, CAP. 2. 4I fhire, citizen, burgefs, or baron of any county, city, borough, or cinque port, to ferve in parlia- ment, and every officer or other perfon offending therein fhall forfeit the fum of one hundred pounds. Penalty. one moiety thereof to the informer, the other moiety to the poor of the parifh where fuch of- fence fliall be committed, to be recovered by any perfon that fliall fue for the fame, by aftion of debt, bill, plaint, or information in any of their majefties courts of record at Weftminfter, in which no elToin, protedion, privilege, or wager of lav/, or more than ore imparlance fliall be al- lowed ; and every perfon convift, on any fuch fuit, of the faid offence, fliall thereby become difabled and incapable of ever bearing or executing any office or place concerning or relating to the duty of excife, or any other office or place of truft whatfoever under their majefties, their heirs or fucceffors. A. D. 1694. ANNO 6° GULIELMI ET MARI^, CAP. 2. ^n A^ for the frequent meeting and c ailing of Par- liaments. W HERE AS by the ancient laws and ftatutes of this kingdom frequent parliaments ought to be held ; and whereas frequent and new parliaments tend very much to the happy union and good agreement of the king and people i' We your majefties moft loyal and obedient fub- c 5 jefls, 42 6 GULIELMI ET MARINE, CAP. 2. jefts, the lords fpiritual and temporal and com- mons in this preient parliament affembled, do moil huiTibly befeech your moil excellent majef- ties diat it may be declared and enacfted in this pre- fent parliament; and it is hereby declared and en- abled by the king's and queen's mod excellent ma- jefties, by and with the advice and confent of the lords fpiritual and temporal and commons in this prefent parliament affembled, and by the authority ElTonceirt ^^ ^^^^ ^^mc. That from henceforth a parliament years. ^^.Il be holdcn once in three years at the leall. 2. And be it further enafted by the autho- rity aforefaid. That within three years at the fartheft, from and after the dilTolution of this prefent parliament, and fo from time to time for ever hereafter, within three years at the fartheft, from and after the determination of every other parliament, legal writs under the great feal fhall be iflfued by dire6lions of your majefties, your heirs and fucceflbrs, for calling, aflembling, and holding another new parliament. 3. And be it further enaded by the authority aforefaid. That from henceforth no parliament whatfoever, that fhall at any time hereafter hz Nopariiam-ntto Called, affembied, or held, Ihall have any con- laft longer than . , - , ' , 3 yeaii. tinuance longer than for three years only at the fartheft, to be accounted from the day on which, by the wnts of fummons, the faid parliament fhall be appointed to meet. 4. And be it further enafted by the autho- mcn't'to w'lfe" ^^^ aforcfaid. That this prefent parliament fliall iftofNovember, ccafc and determine on tlie firft day of Novem- 1696. . ^ ber, which fhall be in the year of our Lord 1696, 2 unlefs Writs to beifTued •nee in 3 years. 7 GULIELMI III. CAP. 4. 43 unlcfs their majefties Hiall think fit to difiblve it fooner. A. D. 1694. ANNO 7 GULIELMI III. CAP. 4. An A£f for pre'venting Charge and Expence in Elec- tions of Members to Jerve in Parliament, Whereas grievous complaints are made and manifcftly appear to be true in the kingdom, of undue elections of m.embers to par- liament by exceffive and exorbitant expences, contrary to the laws and in violation of the free- dom due to the eleftion of reprefentatives for the commons of England in parliament, to the great fcandal of the kingdom, difnonourable, and may be deftru6live to the conftitution of parliaments :' Wherefore, for remedy therein, and that all elec- tions of members to parliament may be hereafter freely and inditterently made without charge or expence ;' be it enafted, and declared by our fovereign lord the king's moft excellent majefty, by and with the advice and confent of the lords fpi- ritual and temporal and commons in this prefent parliament aflembled, and by the authority of the fame, That no perfon or perfons hereafter to be candidates after elefted to ferve in parliament for any county, '^^. 'efte of the ••■ J J ' writ or after any city, town, borough, port, or place within the fi'ch place be. kingdom of England, dominion of Wales, or g.vingorproirjf. town of Berv/ick upon Tweed, after the tefte orl-eS ?o^?ny of the writ of fummons to parliament, or after p"/°" Y^\^- A ■' vote, tor being C 6 the ^° elc-Sed. ^ 7 GULIELMI III. CAP. 4. the tefle or the ifluing out or ordering of the writ or writs of ele6tion upon the calling or fum- moning of any parliament hereafter, or after any fuch place becomes vacant hereafter in the time of this prefent or any other parliament, fhall or do hereafcer, by himfelf or tliemfelves, or by any other ways or means on his or their .behalf, or at his or their charge, before his or their eleftion to ferve in parliament for any county, city, town, borough, port, or place within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed, diredlly or indireftly give, prefent or allow, to any perfon or perfons having voice or vote in fuch eleftion, any money, meat, drink, entertainment, or provifion, or make any prefent gift, reward, or entertainment, or fliall at any time hereafter, make any promife, agreement, obligation, or engagement to give or allow any money, meat, drink, provifion, prefent, reward, or entertainment, to or for any fuch perfon or perfons in particular, or to any fuch county, city, town, borough, port, or place in general, or to or for the ufe, advantage, benefit, employ- ment, profit, or preferment of any fuch perfon or perfons, place or places, in order to be elefled, or for being elefled, to ferve in parliament for Hich county, city, borough, town, port, or place. 2. A nd it is hereby further enabled and declared. That every perfon and perfons fo giving, prefent- ing, or allowing, making, promifing, or engag- ing, doing, afting, or proceeding, fhall be, and Incapable to fcrTc are hcicby declared and enafted, difabled and in parliament. incapa- 7 (Sr 8 GULIELMI III. CAP. 7. 45 mcapncitated, lipon llich cleftion to fcrve in par- liament for fiich county, city, towa, borough, port, or place ; and that fuch pei Ton or pcrlons iliall be deemed and t.iken, antl arc hereby de- clared and enacted to be deemed and taken, no members in parliament, and fhall not act, lit, or have any vote or place in parliament, but {hd.ll be and arc hereby declared and enabled to be, to all intents, conftruclions, and purpofes, as if they had been never returned or elefted niembers lor the parliament. A. D. 1696, ANNO 7' £T S"* CULIELMI III. CAP. J. /In AP. to -prevent falje and double Returns cfMera^ hers tojer-'je m Pcirli anient. ' AVhEREAS falfe and double returns Counucdbyit and ] 3 W. 3. of members to ferve in parliament are an abufe of t. 5. truft in a matter of the greateft confequence to the kingdom, and not only an injury to die per- fons duly chofen, by keeping them from their fervice in the houfe of coir.mon.s, and putting them, to great expence to make their elections ap- jjcar, but aifo to the counties, cities, boroughs, and cinque ports, by v/hich they are chofen, and the bufinels of parliament dillurbed and delayed thereby:' Be it therefore ena61:ed and declaral by the king's moft excellent majefty, by and Vv'idi the advice and confent of the lords ipiritual and temporal and commons in this prefent parliament c 7 afiembled. ^6 7 ^ ^ GULIELMI in. CAP. y.. afiembled, and by the anthority of the fime. That all fah'ti returns, wiifully made, of any knight of the ihire, citizen, burgefs, baron of the cinque Ta'-fr return- of , , - . . . mcnbcrs proiii- ports. Of Other member to ierve in parliament, '""^'^" are againft law, and are hereby prohibited, and in cafe that any perfon or perfons friall return any member to ferve in parliament for any county, city, borough, cinque port, or place, contrary to What ftaii be a thc laft determination in the houfe of commons, e rctuin. ^^ ^^^^ right of cleftion in fuch county, city, borough, cinque port, or place, that fuch return fo made, fliall, and is hereby adjudged to be, jl falle return. 2. And be it further enaded. That the party Party grieved grievcd, to wit, cvcry perfon that fhall be duly Tounll Weft- tle£led to ferve in parliament for any county, ^v" r^-'ublc da* ^^^^^ borough, cinque port, or place, byfuchfalfc BMges. return, may fue the officers and perfons ir^aking or procuring the lame, and every or any of them, at his election, in any of his majelly's courts of record at Weftminftcr, and fhall recover double the damages he fliall fuftain by reafon thereof, together with his full cofls of fuch fuit. 3. And to the end the law may not be eluded by double returns, be it further enacted, That if any officer ffiall v/ilfully, falfely, and mali- cioufly return more perfons than are required to be chofen by the writ or precept on v/hich any choice is made, the like remedy may be iiad, againfl him or them, and the party or parties that willingly procure the fame, and every or any of them, by the party grie^'ed, at hi.^ elec- tion. 4-. And Penaitv. 7 & 8 OULtCLMI III. CAP. 7.. 47 #^. And be it further enadlcd, That all con- ^antrafts n-aJc to pvuc'jre ic- rra6ts, promifes, bonds, and fecuritics whatfo- tunu void, ever hereafter made or given, to procure any re- turn of any inembcr to ferve in parliament, oi* any thing relating thereunto, be adjudged void ; and that whoever makes or gives fuch contraft, fe- curity, promife, or bond, or any gift or reward, to procure fuch falfe or double returns, fliall for- feit the fum of three hundred pounds, one third part thereof to be to his majelly, his heirs and fucceffors, another third part thereof to the poor of the county, city, borough, or place concerned, and one third part thereof to the inform.er, v.'ith his coib, to be recovered in any of his majefty's courts of record at Weftminftcr, by adlion of debt, bill, plaint, or information, wherein no cfibin, pruteftion, or wager of law, fhall be allowed, nor any more than one imparlance. 5. And for die more eafy and better proof erf any fuch falfe or double return, be it enafted by the authoritv aforefaid. That the clerk of the c'.erk of the crown for the tune being liiail from tune to tune every return ma enter, or caufe to be entered, in a book for that ^'""^ '^*''' * purpofe to be kept in his oflice, every fingle and double return of any member or members to ferve in parliament which lliall be returned or come into his ofHce, or to his hands, and alfo every alteration and amxcndment as Hiall be made by him or his deputy in every llich return ; to which book all perfons fhall have free accefs at ^,1 ^^jf^^j ^.^.j all feafonable times, to fearch and take true h;*^'^ ^«>--'=' ^" ' tne bock, anJ copies of fc) much thereof as fhall be defired, the book or 4 paying a reafonable fee or re-u ard for the fame : Riven in cv: c % and iltllCV ^'S 7 &; 8 GuLiELMi in. CAP. 7. and that the party or parties profecuting fuc^ fuit, fhall and may at any tiial give in evidence fuch book (o kept, or a true copy thereof, relat-. ing to fuch falfe or double retu.n, and (hall have the like advantage of fuch proof, as he or they fhould or might have had by producing the record itfelf; any law, cullom, or ufage to the contrary ckrk not enter- notwithftanding; and in cafe the faid clerk of the Sys'^'itKr '"re- cvowH fhali not, withln fix days after any return ce:pt, mak:ng £j^ |j comc into his oincc or to his hands, d.uly and any xteiatjon, ^ ' or omitting tj faiiiymakcan entry or entries as aforefaid, or perfomn h;s du- ^ ' _ _ ty, tj fo.e.t fhall make any alteration in any return, unlefs by n. ^ vict'jj of perjury punilhment of fuch pcrfons, as fliall procure or or fubomation, commit any wilful peijury,' enafted againfl: all naity in 5 £iu, iiich who fliall commit wilful perjury, or fuborn *"' ^' or procure any peifon to commit any unlawful and corrupt perjuiy contraj-y to the faid adl. 5. And be it further enacl:ed by the authority aforefaid. That the faid fl.ieiiiT, or in his abfence his under flieriff, or fuch as he fhall depute as aforefaid, fliall at the fame place of eleftion pro- ceed to the polling all the freeliolders then and tliere prefent, and fhall not adjourn the county sheriff not to court then and there held, to any other town or coSruntfs the place within the fame county, without the con- ""^'<^-'«- "'^^- fent of tlie candidates, nor fliall, by any unnecef- fary adjournment in the fame place of election, protrafl or delay the eleflion ; but fliall duly and orderly proceed in the taking of the faid poll, from day to day and time to time, v/ithout any flir- D 3 ther r^ 7 & 8 GULIELMI III. CAP. 25. ther or other adjournment, without the confent of the candidates, until all the ficchold^rsthen and there prefent fhall be polled, and no longer. 6. And be it further enafted, That every JlierifF, under IherifF, jnayor, bailifFj and other ofHccr to whom die execution of any writ or precept fhail belong for the eiecling of mem.bers to ferve in par- liament, fhall forthwith deliver to fuch perfon or. co-yofthepou pcrfon: as fnaU delire the fame, a copy of the dcfn'-dVpayi^ng poll taken at fuch eleftion, paying only a reafon- forwriung. ^]j\^ charge for writing the fame, and every fneriff, under fncrift, mayor, baihfF, and other ofHcer, to whom the execution of any wiit or precept for eiecling of miCmibers to ferve in parliam.ent doth belong, for every wilful offence contrary to this p.-r:»!tv on flie- aft, fjiall forfeit to every party fo aggrieved, the n^t'cin^ wiuui fum of five hundied pounds to be recovered by ofic.cc. Yi'im or them, his or their executors or admini- (Irators, together with full cofts of fuit, and for which he or they may fue by aftion of debr, bill, plaint, or informiation, in any of his majefl/s courts at Weflminfter, wherein no elToin, pro- tefticn, wager of law, privilege, or impai lance Ihall be admitted or allowed. 7. And be ic alfo enafted. That no perfon or perfons fliall be allowed to have any vote in eleclion of membeis to ferve in parliament, for None to vote by or by rcaf >n of any trufl:, eflate, or mortgage, rr fon ot truft, . . ^ 1 • o 1 /• tec. ui.icfi in unlels luch trufcee or mortgagee be in actual poi- b.t"mo''r°t^agcr' feiTion or receipt of the rents and profits of the ^y^^"' fame eftate ; but that the mortgager, or csjiui que trujiy in pofTefiion, Hiall and may vote for the fame eftate, notvsithftanding fuch mort- gage 7 & 8 GULiELMi in. CAP. 25. 5^ gage or trufl: ; and that all conveyances of any •^""'"'^y*"" ''^, '-''-' ' ' order to multiply meiRiages, lands, tenements, or hereditaments, in voices void. any county, city, borough, town corporate, port or place, in order to multiply voices, or to Iplit : and divide the interell in any houles or lands J l^, i""^' amono; feveral perfons, to enable them to vote ^" conveyances or' to quality per- at eleflions of members to ferve in parliament, f^^ns tor vgting ^ ^, a;c made abfo- are hereby declared to be void and of none eiteo:, lutc. and that no more than one fingle voice fliall be admitted to one and the fame houfe or tene- But one voice tor oac houfc. ment. 8. And be it further enafted. That no perfon whatfoever, being under the age of one and twenty N'>ne "ndcr years, fhall at any time hereafter be admitted to years tj vot?, or 1 • • r 1 a.* r i to he elefted give his voice tor election oi any member or members, members, to ferve in this prefent or any faaire parhament ; and that no perfon hereafter Ihali be capable of being elected a memjber to ferve in this or any future parliament, who is not of the age of one and twenty years; and every eledlion or re- turn of any perfon under that age is hereby declared to be null and void, and if any fuch minor here- after chofen, fliail prefume to fit or vote in par- liament, he fhall incur fuch penalties and for- penalty, feitures, as if he had prefumed to fit and vote in parliament without being cholen or returned. * , 9. * And whereas the county court of the county of Tcrk is by cuftom called and held upon ?vIo)idaySy which hath long been complained of to be a very inconvenient day to all the fuitors thereunto, who at the eleetions of knights of the lliire and all fervices at other times, are forced to travel upon Sundays to their atten- n 4 dance 5$ lO & II GULIELMI III. CAP. 7. dance there, to their very great diffatisfaftion and grievance.' Be it therefore enadcd by the authority afore- faid, That all county courts after the 25th March, 1696, held for the county of iV-^, or any other County courts county courts which heretofore ufed to be held ),Hd on Wed- on a Monday^ fhall be called and held uoon a .-J „ '■ ''■'J '')'- Wednejday and not otherwife, any cuftom or ufage to the contrary notwithflanding. 10. Provided alfo, and be it ena6led by the authority aforefaid, that the fheriff of the county of Southampton^ or his deputy at the requefl of one or more of the candidates for election of a Poll may be ad- J^niffht or knie;hts for that county, Hiall adjourn journed from o o j ' j ivmchijhr to the poll from Whichefier. after every freeholder Newport in the ^ ^ . ,, i \t jjicofVAgit. then and there prefent is polled, x.q> Newport in the Ijle of Wight, for the eafe of the inhabitants of the faid Ifland ; any thing in this ad: contained to the contrary notvvithftanding. A. D. 1696. ANNO 10" £T 11" GULIELMI III. CAP. 7. An Aoifor preventing irregular Proceedings of Sheriffs ^ and other Officers, in making the P^eturns of Mem- bers chofen toferve in Parliament. r* OR preventing abufes in the returns of writs of fummons, for the calling and alTembling of any pailiament for the future, or Writs for the choice of any new member to fcrve in parlia- ment, and to the end fuch v/rits may, by the pro- per lO - bcing a commilTioner or larnier ot the duty or troiwr, or aijdi- cxcifi upon beer, ale and other liquors, or of be- j^^y^ "^ *'' ing a comm.ffioner for determining appeals con- cerning the faid duty, or controulingor auditing the account of the faid duty, or of iioldingor enjoy- ing in his own name, or in the name of any other perfon in trufl; for him, or for his ufe and benefit, or of executing by himfelf or his deputy any ofHce, place, or employment, touching or con- cerning the farming, collecling, or managing the faid duty of excife. 151. And be it further enacbed, That if any member of the houfe of commons, in this pre- fent or any future parliament, during the time of his being a member of parliament, fliall at any time after the faid twenty- fourth day of June, by himfelf or his deputy, or any other in truft for him, or for his benefit, take, enjoy, or execute, any 6o 12 & 13 GUL^ELMI III. CAP. 3. any office, place or employment, touching or concerning the farming, managing, or colleCling the faid duty of excife, or determining appeals concerning the faid duty, or controuling or au- diting the accounts of the fame, fuch perfon is ca7ib!e"nkting hereby declared and enafted, to be abfokitely in- in the houie of capable of fitdng;, voting, or adino; as a member commons. ^ o-- o ^ o of the houfe of commons in fuch parliament. 152. Provided always, and be it hereby de- clared. That nothing herein-before contained fhall extend, or be conftrued to extend (during the But not to dif- continuance of this parhament) to the difabling member, t^ii any petfon, at prefent a member of the houfe atKr24 June. ^^ commons, from being concerned in the ma- naging, farming, or collecting the faid duties of excife, or in determining appeals concerning the fame, or in controuling or auditing the ac- counts thereof, fo as fuch perfon fhall not, after the faid twenty-fourth day of June, 1700, fit, vote, or a6l in the faid houfe ; any thing herein- before contained to the contrary notwrthftanding. A. D. 1700. ANNO 12° ET 13° CULIELMI III. CAP. 3. ^u A^ for preventing any Inccnvemencies that may happen by Pi-ivilege cf Parliament. Amended by II Jt OR the prcventlno; all delays the kinp; Ceo. 2. c. 24. , • r . • XV • • r 1 • c or his lubje ''^^ barred by any ftatute cf limitation, or nonfuited, difmiffed, or his fuit difcontinucd, for want of profccucion (NIC. 64 I^ & Ij GULIELMI III. CAP. J. profecution of the fuit by him begun, but fliall from time to time, upon the rifing of the par- liament, be at Uberty to proceed to judgement and execution. Koaftion, &-c. 4. And it is hereby ena6led, That no ac- kiag's immedi- tion, fuit, procefs, otdcr, judgement, decree, or '^'^* '^' proceeding in law or equity againfh the king's original and immicdiate debtor, for the recovery or obtaining any debt or duty originally and im- mediately due or payable unto his majefty, his heirs or fucceiTors, or againft any accountant, or perlbn anfwerable or liable to render any ac- count unto his majefly, his heirs or fuccefibrs, for any part or branch of any of his or their revenues, or other original or immediate debt or duty, or the execution of any fuch procefs. Shall be flayed qy^qj^ iud^ement, dccrcc, or proceedings, fhall by pnvilege ot '.jo ■' ^ r O' pariiament; but bc impeached, frayed, or delayed, by or under peribn not lubie ^ ' ..,•'.,. to be arrcfted, thc colour or prctence or any privilege or parlia- ment; yet fo, neverthelefs, that the perfcn or perfons of any fuch debtor, or accountant, or perfon anfwerable or liable to account, being a peer of this realm or lord of parliament, fhall not be liable to be arrefted or imprifoned by or upon any fuch fuit, order, judgement, decree, procefs, or proceedings, or being a member of the houfe of commons, fhall not, during the continuance of the privilege of parliament, be arrefted or imprifoned, by or upon any fuch order, judgement, decree, procefs, or proceed- ings. 5. Provided neverthelefs. That neither this ad, nor any thing herein contained, fhall ex- tend Uc Fnv'tfj. 12 & 13 CULIELMI III. CAP. lO. 65 tend to give any jurifdiflion, power, or autho- rity, to any court, to hold plea in any real or mixed a6tions in any other nnanner than fuch court might have done before the making diis ad. A. D. 1700. ANNO 12 ET 13° CULIELMI III. CAP. lO. An A5i for granting an Aid to his Majejly^ for de- fraying the Expence of his Navjy Guards, and Garrifons for one I'ear^ and for other necejfary Occaftons* 89. /\ND be it enaded by the authority After dirtbiu- aforefaid, That no member of the houfe of 1;^;/,;^ ■" commons, from and after the diflbludon of this member fhaii be a commiliioner, prefent parliament, fliall be capable of being a &c. of cuftom*. commiflioner, or farmer of the cufloms, or of holding, or enjoying in his own name, or in the name of any other perfon in truft for him, or for his ufe or benefit, or of executing by himfelf, or his deputy, any office, place, or employment, touching or concerning the farming, collecting, or managing the cuftoms. 90. And be it further enabled. That if ,, , ^ ' Member cxccu- any member of the houfe of commons, from ^'"6 office in and after the diflblution of this prefent parlia- pabie of fittms. ment, fhall, during die dme of his being a mem- ber of parliament, by himfelf, or his deputy, or any odier in truft for him, or for his benefit, £ take. SS. 12 & 13 GULIELMI III. CAP. 10, take, enjoy, or execute any office, place, or em- ployment, touching or concerning the farming, managing, or collecting the cuftoms ; f'jch perfon is hereby declared and enabled to be abfolutely incapable of fitting, voting, or afting as a mem- ber of the houfe of commons in fuch parlia- ment. No officer of ^i. And bc it further enaded, by the autho- ence any dec- aforcfald. That from and after the 29th day of ^on^ mem- 3gpj-gj-j-j|-,pj. jyoi, no com.miffioner, coiledtor, comptroller, fearcher, or other officer, or perfon whatfoever, concerned or employed in the charg- ing, coUefting, levying, or m.anaging the cui- toms, or any branch or part thereof, fhall by word, mefiage, or writing, or in any other manner whatfoever, endeavour to perfuade any eleftor to give, or diiTuade any elector from giving, his vote for the choice of any perfon to be a knight of the Ihire, citizen, burgefs, or baron of any count)^, city, borough, or cinque port, to ferve in parliament; and every officer, or other perfon Penalty. offending therein, fhall forfeit the fum of lool. one moiety thereof to the informer, the other moie- ty to the poor of the parifh where fuch offence fhall be commiiited, to be recovered by any per- fon that iliall fue for the fame by a6lion of debt, bill, plaint, or inform.ation, in any of his ma- jefty's courts of record at Weflminfter, in which no effoin, proteftion, or wager of law, or more than one imparlance fhall be allowed; and every perfon convict on any fuch fuit of the faid offence, fhall thereby become difabled and inca- pable of ever bearing, or executing any office, or 2 &: 3 ANNiE, CAP. 18, 67 or place concerning or relating to the cuftoms, or any other office, or place of triift whatlbevcr under his majefty, his heirs, or fucceflbrs. A. D. 1700. ANNO 2° ET 3° ANN/E REGl^JE, CAP. 1 8. /^fi A^ for the further Explanation and Regulation of Privilege of Parliament in relation to Perfons in Public Offices. Whereas it is moftjuft and reafon-^ able that perfons employed in offices and places of public truft, fliould at all times be accountable for any mifdemeanors therein, and the public juf- tice of the realm requireth a vigorous profecution of fuch offenders :' To the end therefore that your majefty's good fubjefts may not lie under any doubts or difcouragements whereby fuch pro- fecution might be prevented or delayed, may it pleafe your m.oft excellent majefty that it may be enacled, and be it ena6ted by the queen's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons in this prefent parliament aiTembled, and by the authority of the fame. That any a6tion Aa!o» miy be or fuit fliall and may be commenced and profe- glinVany officer cuted in any of her m?jefty's courts at Weftmin- ;^;^Xrph« fter, ao:ainft any officer or perfon intrufted or °*" p"^''"= }V^^ ' ci J i ^ for any milde- employed in the revenue of her majefby, her heirs meanor, &c. or fuccefibrs, or any part or branch thereof, or E 2 any 68 2 & 3 ANNiE, CAP. l8. any other office or place of public truft, for any forfeiture, mifdemeajnor, or breach of tnift, of, in, or relating to fuch office or place of truft, or any penalty impofed by law to enforce the due exe- cution thereof, and that no fuch aftion, fuit, or any other procefs, proceeding, judgment, or execution thereupon, although fuch officer or perfon Ihall be a peer of this realm, or lord of parliament, or one of the knights, citizens, or burgeffes of the houfe of commons, or otherwife intitled to the No fuch aaion privilege of parliaments, fhall be impeached, to be ftayed on ^ ° ^ ^ ' pretence of pri- ftaycd, or delayed by or under colour, or pretence vikge of parlia- - ... - .. »«>nr. of any privilege of parliament. 2diy. Provided neverthelefs, and be it fur- ther enafted by the authority aforefaid. That A& not to fub- nothing in this aft fhall extend to fubjeft the per- peertoimprifon- fon of fucli officcr, being a peer of this realm, or lord of parliament, to be arretted or imprifoned, but that all procefs fhall ifTue againft fuch officer or perfon, being a peer of this realm, or lord of parliament, as fliould have ifTued againft him Nor tntsnber of OUT of the time of privilege. Nor fliall extend thc^ufeofccm- ^.^ fubjcd the petfon of fuch officer being a knight, citizen, or burgefs of the houfe of com- J mens, to be arrefted or imprifoned, during die time of privilege of parliament, and that againft fuch officer or other perfon, being a knight, citi- zen, or burgefs of the houfe of commons intitled to privilege, fho.il be ifTued fummons and diftrels iijiinite or original bill, fummons, attachment, and diftrefs infinite, which the laid refpedive courts are hereby impowered to ifTue in fuch cafe, until 6 ANNiE, CAP. 7. 69 until the party (hall appear upon fach procefs ac- cording to the courfc of fuch rcfpeftive coui c. A. D. 170J. ANNO 6° ANN^. REGIN^'E, CAP. 7. An A51 for the Security of her Majcflys Perfon and Government, and of the Siicceffion to the Crown of Great Britain in the Protejlant Line, Seof. 4. And be it further enaded by the au- thority aforefaid. That this prefent parliament, or any other parhament which fhall hereafter be fummoned and called by her Majefty Queen Anne, her heirs or fuccelTors, lliall not be deter- mined or diliblved by the death or demife of her P-»r|iament not ^ _ to be diflolved faid Majefty, her heirs or fuccefibrs ; but fuch by the queen « parliament fliall and is hereby enacted to conti- nue, and is hereby empowered and required, if fluting at the time of fuch demife, immediately to proceed to act, notwithftanding fuch death or demife, for and during the term of fix montlis, R^t cont;n«e far - , - fix months after. and no longer, unlefs the fame be fooner pro- rogued or dilTolved by fuch perfon to whom the crown of this realm of Gi*eat Britain fliaii come, remain, and be, according to the a6ls for limit- ing and fetding the fucceffion, and for the union above mentioned ; and if the faid parliament Hiall be prorogued, then it fhall meet and fit on and upon t]ie day unto which it Ihall be prorogued, and continue for the refidue of the faid time of E 3 fix 7© 6 ANN^, CAP. 7. Parliament to meet immedi- ately after the ileath. In cjfe there be no pa-liament then the laft preceding to meet. Not to abridge the queen's pow- er to prorogue or diUblve parli- iiments. 6 W. and M. c, z. confirmed. fix monthsj unlefs fooner prorogued or diiTolved, as aforefaid. Sec7. 5. And be it further enafted by the autho- rity aforefaid. That if there be a parliament in being at the time of the death of her Majefly, her heirs or fucceflbrSj but the fame happens to be feparated by adjournment or prorogation, fuch padiament fhall, immediately after fuch demife, meet, convene, and fit, and fhall a<5b, notwith- (landing fuch death or demife, for and during the time of fix months, and no longer, unlefs the fame inall be fooner prorogued and difTolved, as aforefaid. Se^. 6. And be it further enabled by the au- thority aforefaid. That in cafe there is no parlia- ment in being at the time of fuch demife, that hath met and fat, then the laft preceding parlia- ment fhall immediately convene, and fit at Weft- minfter, and be a parliament, to continue as a- forefaid, to all intents and purpofes as if the fame, parliament had never been dilTolved, but fubjedl to be prorogued and dilTolved as aforefaid. Sef^. 7. Provided always, and it is hereby de- clared. That nothing in this afl contained fhall extend, or be conftrued to extend, to alter or a- bridge the povv'cr of the queen, her heirs or fuc- cefTors, to prorogue or diflblve parliaments, nor to repeal or make void one acl of parliament made in England in the 6th year of the reign of their faid late m^'efties, kino- William and queen Mary, intituled, An aft for the frequent meeting and calling of parliaments ; but that the faid adl fhall continue in force in every thing that is 6 ANN^j CAP. 7. y I is not contrary to, or inconfiftent with, t!ic direc- tion of this a6t, and the faid a6l for the frequent meeting and calhng of parliaments is hereby de- clared and enatlcd to extend to the paiiiament of Great Britain, as fully and effe6luaUy, to all intents, conftrudlions, and purpofes, as if the fame •were herein and hereby particularly recited and enabled. Se^, 16. And be it further enafted by the au- thority aforefaid, That any nomination and ap- Nommarion of pointment already made by the next fuccelTor, by fucccffor',*^aU fignified by fuch inftrumentJ depofited as afore- [f^ '^^'iaZ faid, purfuant to the faid former a6l, for the bet- f '[. appointci ^ , . by tins mCt, ter fecurity of her majefty's perfon and govern- ment, and of the fucceffion to the crown of Eng- land in tlie proteftant line, fliall be deem.ed and taken to be as effedlual, for conflituting and ap- , poindng the perfons fo nominated lords juftices of England to be lords juftices of Great Bri- tain to all intents, conftruftions, and purpofes, as if fuch nomination and appointment were made purfuant to diis acl. SecJ. 17. And be it furdier enaded. That the faid lordsjuftices,con{t:ituted as aforefaid, fhall not . , , .. . , ^ / ' Lords Jiilticfs didblve the parliament continued and ordered to ""'^ '° aiiVoive rr 1 1 J r r - • 1 '^^ parTiament aliembJe and lit as atorelaid, without exprefs di- witiiout iitcQ- tion. re6lion from fuch fucceedlng queen or king; and that the faid lords juftices ftiall be, and are, hereby reftrained and difabled from giving the royal aiTent in parliament to any bill or bills for the repealing or altering the ad made in England N...r aicer it, md. in the 13th and 14th years of the reign of King '^ *^''" *'^"^" Charles the fecond, indtuled. An act for the uni- E 4 formicy 72 6 ANN^, CAP. 7. formity of public prayers and adminiftration of facraments, and other rites and ceremonies; and for eflablifhing the form for making, ordain- ing, and confecrating bifhops, priefts, and dea- cons, in the church of England ^ or the aft OranAdtmade made in Scotland in the laft feflion of parliament there, intituled. An a6l for fecuring the pro- tenant religion and prefoyterian church go- vernment ; and all and every the faid lords ju- ftices concurring in giving the royal affent to any bill or bills for repealing or altering the faid ads, or either of them, Ihall be guilty of high trea- fon, and fuffer and forfeit as in cafes of high treafon. Se^. 23. And be it further declared and enadl- ed. That if, after the death of her majefty with- out ifiue, and before the arrival of any fucceed- ing queen or king in Great Britain, any parlia- ment fhall be called by the lords juftices, by Pariiannent call- wHts tcftcd in thcit namcs ; by the arrival of fuch ed by Lords Ju- _ _ ^ ■' fticcs, not to be fuccccding queen or king in Great Britain, fuch rival of fuccef- parliament Ihall not be dilTolved, but after fuch arrival fhall proceed without any new fummons. Se^. 25. And be it further enabled by the au- thority aforefaid, That no perfon who fhall have in his own name, or in the name of any perlbn or perfons in trufh for him, or for his benefit, any new office or place of profit whatfoever under the crov/n, v/hich at any time fince the 25th day ofOftober, in the year of our Lord 1705, have Perfons in office ^ecn c"eated, ercfted, or hereafter fliall be erefted &c. made inca- pabic Of being e- or Created, nor any perfon who fhaU be a com- Ictflcd rr.p.mbcr-; r i ■ rr« r • r of the houfc vf mifiioner, or lub-commifrioner of prizes, iecre- commons, tary 6 ANSJEj CAP. 7. 73 tary or receiver of the prizes, nor any comptroller of the accounts of the army, nor any commif- fioner of tranfports, nor any commnrioncr of the fick and wounded, nor any agent for any regi- ment, nor any commi;iioner for any wine licences, nor any governor or deputy governor of any of the plantations, nor any commifiiuner of the navy employed in any of the ou: ports, nor any perfon having any penfion from the crown diuing plea- fure, fhall be capable of being ele^led, or of fit- tino; or votino: as a member of the houfe of com- mons. .Sc-J?. cG. Provided ahvays, that if any perfon being chofer? a member of the houfe of comnr^ons, fhall accept of any office of profit from the crown Accpting office during fuch time as he fhall continue a member, mcmL.,cicaion his eleftion fhall be, and is hereby declared to be ;,i'; eicS ''' void, and a new writ fhall ifTue for a new eleftion, as if fuch perfon fo accepting was naturally dead. Provided neverthelefs, That fuch perfon fhall be capable of being again ele6led, as if his place had not become void as aforefaid. Se^. 27. Provided alfo and be it enafted. That in order to prevent for the future too great no offic? to f>e a number of commiflioners to be appointed or many"^ctmmiS- conftituted for the executing of any ofRce, that no °^"^' greater number of commiiTioncrs fhall be made or conflituted for the execution of any office, than have been employed in the execution of fuch re- fpedlive office at fome time before the firft day of this prefent parliament. Se^. 2%. Provided alfo. That nothing herein Nr.;: to extend t* contained fliall extend or be conftrued to extend mv/or army. to 74 6 ANNiEj CAP. 7. to. any member of the houfe of commons, being an officer in her majefty's navy or army, who fnall receive any new or other commiffion in the navy or army refpectively. Se^. 29. And be it further enafted. That if perfons difabw, anv pcifon hcrcby difabled or declared to be inca- members, furh pablc to fit or vote in any parliament hereafter to be turn' void." ^^' holden, lliall nevcrtheiefs be returned as a member to ferve for any county, ftewartry, city, town, or cinque Dort, in any fach parliament, fuch elec- tion and return are hereby enacted and declared to be void to all intents and purpcfes whatfoever -, and if any perfon difabled, or declared incapable by this a{51: to be eledled, Ihali, after thediffoiuaon or determination of this prefent p::rliament, prefume to fit or vote as a member of the houfe of commons in any parliament to be hereafter fummcned, fuch perfon fo fitting or voting lliall forfeit the fum of Penalty gn nt--^ool. to bc rccovered by fuch perfon as lliall fue for the famiC in England, by action of det)t, bill, plaint, or information, wherein no effcin, protec- tion, or wager of law fliall be allowed, and only one imparlance. • Sc5i. 30. And be it further enacted and de- clared. That every perfon difabled to be elected, or to fit or vote in the houfe of commons of any parliament of England, fnall be difabled to be elected, or to fit or vote in the hcufe. of com- mons of any parliament of Great Britain. Se£l. 31. And be it further enadted by the authority aforefaid. That no perfon who now is a commifTioner for difpoling the fum of 398,085!. 10s. and all odier fums arifing to Scodand by way ting 9 ANN^, CAP. 5. 75 way of equivalent, upon the agreements and to the purpofes mentioned in the articles of union of the two kingdoms, fhall, for or by reafon of fucli commiflion, or any other commifiion for difpofing the fuid equivalent or any part thereof, or the NncommifTioncr ^ , . , . forthecquiv.ilf nt execution or any luch commiflion, or any thing difjbicd fmm bc- relating thereunto, be difabled from being elecfted '"^"^'^ a member of parliament, or fitting or voting as fuch in this or any future parliament. A. D. 1707. AXNO 9° AKNJE REGIN^, CAP. 5. An AlI for Jecuring the Freedom of Parliaments by the farther qualifying the Members to fit ir. the Houfe of Commons, r OR the better preferving the conftitution and freedom of parliament, be it enaded and de- clared by the queen's mofl: excellent majefty, by and v/ith the advice and confcnt of the lords fpi- ritual and temporal, and com.mons in this prefent parliament afTcmbled, and by the authority of tiie fame, That from and after the determination of this prefent parliament, no perfon fhall be capa- ble to fit or vote, as a member of the houfe of commons for any county, city, borough, or cin- que port, within that part of Great Britain called England, the dominion of Wales, and town of Berwick upon Tweed, who fliall not have an No perf^'^ <'>»'! ^ftate, freehold or copyhold, for his own life, or whahath not.aa r eftate, &c. 76 9 AN'N^'E, CAI'. 5. for Ibmc greater eftate, eitlier in law or equity, to and for his own ufe and benefit, of or in lands, tenements, or hereditaments, over and above what will fatisfy and clear all incumbrances that may affe(ft the fame, lying or being within that part of Great Britain called England, the dominion of Wales, and town of Berwick ii|X)n Tweed, of the refpecftive annual value hereafter limited, viz. The annual value of 6^00 L above reprizes for eveiy knight of a fhire, and the annual va- lue of 300 1. above reprizes, for every citizen, ' burgefs, or baron of the cinque ports; and that if any perfon who Ihali be elefted, or retin-ned to ferve in any parliament as a knight of a lliire or as a citizen, burgefs or baron of the cinque ports, fnall not, at the time of fuch eledlion and return, be feized of or entitled to fuch an eftate, inlands, tenements, or hereditaments, as for fuch knight, or for fuch citizen, burgefs, or baron refpediively, is hereinbefore required or limited, fijch eleftion and return fhall be void. 2dly, Provided always. That nothing' in this ad contained, fhall extend to make the This aa not to cldcft fon, ot heir apparent of any peer or lord extend to the el- ^,. ^ ^ i-riii* deft fon of a peer, Oi pamamcnt, ot ot any perion qualined by this ruaiiLcfto' Srve ^^ to fctvc as knight of a ihire, uncapable of as a knight of a being eleftcd and returned, and litting and vot- ing as a member of die houfe of commons in any parliament. 3diy, Provided always. That nothing in this acl contained, fhall extend or be conftrued to The univcrfuies cxtcnd to either of the univerfities, in that part Kturn'Lmbm of Gtcat Britain called England, but that they, a. formerly. ^^^ 9 ANN^, CAr. 5. 77 :uid each of them may ele6t and return members to reprefent them in parliament as heretofore they have done ; any thing herein contained to the contraiy notwithtlanding, Athly, Provided ahvays, and be it enaftcd ^."" V" '^'^ i'^*-. . ~ ^ ' _ _ ' ' iihcd by virtue oJ by tJie authority aforefaid. That no pcrlon what- ^uy mortgage, n_ 1 1 i-f 1 r unlcfsthc moit- loever, mail be conltrued to be qualified to fit gngcc have bcm in the houle 01 commons, witinn the meaning or f^.^,^n years be- this aftj by virtue of any mortgage whatfoever ^■^-etheeiedion. whereof the equity of redemption is in any other perfon or perlbns, unlcfs the mortgagee fhall have been in poffeflion of the mortgaged pre- mifes, for the fpace of feven years before the rime of his eledion 5 any diing herein contained to the contrary notwithftanding. 5thly, Provided always, and it is hereby en- a(5led by the authority aforefaid, That every per- fon (except as aforefaid) who, from and after the . determination of this prcfent parliament, fliall appear as a candidate, or Ihall by himfelf or any ^^cry cmdidatr 1 n 1 r ' at the rcqueft of Others be propofed to be eiected to ferve as a another canau t r \ 1 r r r date, or of tu» member ror the houle of commons, for any coun- ^- ti-« voters, ty, city, borough, or cinque port in England, J^';l;f;,fh!''^" Wales, or Berwick upon Tweed, ihall, and he is hereby enjoined and required, upon reafonable requeft to him to be made (at the time of fuch eledion, or before die day to be prefixed in the writ of fummons for the meeting of die pailia- jnent) by any other perfon who ihall Hand candi- date at fuch eleiftionj or by any two or morepcrfons JhavJng rigiit to vote at liich eleftion, take a cor- poral oath in the form or to the effcdt foUov.'ing: ^ I, A. B- do fwear, that I truly and bonn fide The a^-^. Jbave fuch an eftate in law or equity, to and 2 for 7^ 9 ANN^, CAP. ^. for my own ufe and benefit, of or in lands, te- nements, or hereditaments, (over and above v/hat will fatisfy and clear all incumbrances diat may affedl the fame) of the annual value of 600I. above reprifes, as doth qualify me to be elefted and returned to ferve as a member for the county of according to the tenor and true meaning of the aft of parliament in , that behalf; and that my faid lands, tenements, or hereditaments, are lying or being within the pa- rifh, townfnip, or precin6ts of or in the feveral parifhes, tov/nfhips, or precinfts of in the county of or in the feveral counties of (as the cafe may be).' If the candidate 6^ ji^^f^ j^ cafc fuch Candidate or perfon is to beior a C!ty &C-. _ ^ ^ the oath ftaii re- fervc for any city, borough, or cinque port, then per annum ;mu- thc faid Oath ihall rckte only to the faid value of tatis mutan is. ^ool. per annum, and be taken to the fame effeft, mutatis mutandis, as is hereby prefcribed for the oath of a perfon to ferve as a member for fuch county as aforefaid. l^:-.:^tl:t; ?• And it is hereby enafted. That the refpec- tiie (hcnff, Sec. ^\yQ oaths aforcfaid fhall and may be adminiflered who (hall, with'n . ^ ■' three months af- by the fhcriff or undcr-fherifFfor any fuch county thereof, certify as aforefaid, or by the mayor, bailiff, or other the fame into the ,y^ _, ^ • u 1 Queen's Bench ofnccr Or cfHccrs, for any city, borough, or port, Tj^rZl' '' ^^ ^vhom it fhall appertain to take the poll, or make the return, at fuch eledlion for the fame count)^, borough, or port refpeftively, or by any two or m»ore juftices of the pea.ce within Eng- land, Wales, and Berwick upon Tweed ; and the fiid fneriff, mayor, bailiff, or other officers, and the faid jullices of the peace refpeftively, who Ihall adminifter the faid oaths, are hereby re- 3 quired, 9 ANN^,, CAP. 5. 79 quired to certify Lhe taking thereof into her ma- jefty's high court of chancery, or the queen's bench, within three months after the taking the fame, under the penaky of forfeiting tlie fum of lool. to wit, one moiety thereof to the queen, Onemoirtytn and the other moiet}^ thereof to fuch perfon or ocher"to''himwho perfons as will fue for the fame, to be recovered, ^in fae, &c. ^ ' ' with cofts. with full cofts of fuit, by aftion of debt, bill, plaint, or information, in any of her majefty's courts of record at Weftminfter ; and if any of the faid candidates, or perfons propofed to be eledled as aforefaid, (hall wilfully refufe, upon Candidate refof- reafonabie requeft to be m^ade at the time of the !,ath°hf deaioa eledion, or at any time before the day upon ^^^'=^'"''- which fuch parliament, by the writ of fummons, is to meet, to take the oath hereby required, then the eledlion or return of fuch candidate or perfon fhall be void. 8. And it is hereby enafted. That no fee or One n,ii!!ng only '_ _ _ for adminift'ir- reward fhail be taken for adminiftering any fjch ing the oath, two , , . . . _,. ' .^ fhil'.ings for cer- oath, or makino;, receivino;, or nlino; the certin- tincitc, ana two cate thereof, except one fhiiling for adminiftering ftn,4".^^ the oath, and two fniilings for making the certifi- cate, and two lliiliings for receiving and filing the Hime, under the penalty of 20I. to be forfeited Penalty 20I. by tlie oftender, and to be recovered and divided as aforelaid, A. D. 1710. u^Jl So 9 A'SNJE, CAP. lO. ANNO 9° AfiNJE REGIN^E, CAP. 10. yf;7 yf/? /cr efablijhifig a General Poji Office for all her Mo.jeftys DcminionSy and for fettling a weekly Sum out of the Revenues thereof^ for the Service of the War and other her Majejly's Occafions. SeU. 44. ^ ND be it further ena6i:ed by the No officer of the authoiity aforcfaid, That no poftmafter or pofl- poft-office to in- ^ i 1 • 1 • i i termeddie in e- maiters gtnei aJ, or his or their deputy, or depu- ct ions. ^j^^^ ^^ ^j^,, pcx fon employed by, or under him or them, in the receiving, colle6ting, or managing the revenue of die poll office, or any part thereof, fliall by word, meffsge, or writing, or in any manner whatfoever, endeavour to perfuade any cledlor to give, or difTuade any eleftor from giving, his vote fOr the choice of any perfon to be a knight of the fhire, citizen, orburgefs, or baron of any county, city, borough, or cinque port, to ferve in parliament j and every officer, or other perfon offending therein, fliall forfeit the fum of Penalty. lool. onc moiety thereof to the informer, the other moiety to the poor of the parifli, where fuch offence fliall be committed, to be recovered by adion of debt, bill, plaint, or information in any of her majefly's courts of record, at Weft- j minder, or in the court of exchequer in Scot- land, for the faid offences committed in Eng- land and Scotland rcfpeflively, wherein no eflbin, protedlion, or wager of law, or any more than one imparlance Ihali be allovv^ed j and every perfon convict on any fuch fuit of the faid offence, fiiall theieby begom.e difabled and inca- pable 9 ANN/T", CAP. II. pable of ever bearing or executing any office or place of trufl: whatfoevcr under her majefty, her heirs or fucceflbrs. a. d. 17 io. ANNO 9 ANN^, CAP. II. jIn A^ for levying certain Duties upon Hides and Skins tannedy tawed^ or drejfed^ and upon Vellum and Parchment y for the Term of Thirty-two Tears, for projecuting the War and other her Majefiys mojl preffing Occafions. 49- And be it further enadled by the au- thority aforefaid. That no commiffioner, officer, Commiffioners, ■ - J 11-1 officers, &c. not or other perlon, concerned or employed in the to intermeddle with eledions. charging, colle6ling, receiving, or managing any of the duties granted by this a£V, Ihall by word, meflage, or writing, or in any other manner, en- deavour toperfuade any eleftor to give, or difliiade any eleftor from giving, his vote for his choice of any perfon to be a knight of the (hire, commif- fioner, citizen, burgefs, or baron, for any county, city, borough, or cinque port j and every officer or other perfon offending therein fhall forfeit the fum of one hundred pounds, one moiety thereof penalty to the informer, the other moiety thereof to the ufe of the poor of the parifli or place where fuch offence fhall be committed, to be recovered by any perfon that fliall fue for the fame by action of debt, bill, plaint, or information, in any of her majefty'scouits of record at Weftminfler, or in the court of exchequer in that part of Great Britain called Scotland, in which no effoin, pro- F teftion. 82 9 ANNyE, CAP. 20. teftion, privilege, or wager of law, or more thart one imparlance Ihall be allowed ; and every per- fon convi6t on any fuch fuit fhall thereby be- come dilabled and incapable of ever bearing or Made perpetual exccutino; any office or place of truft whatfoever 3 Geo. I. c. 7. ° . . under her majefty, her heirs or fuccelTors. A. D. 1710. ANNO 9° ANN^ REGIN^, CAP. 20. An A51 for rendering the Proceedings upon Writs of Mandamus and Informations ^ in the Nature of a Quo Warranto morejpeedy and effectual ; and for the more eafy trying and determining the Rights of Offices and Franchifes in Corporations and Boroughs. 8. /\ND whereas in divers counties, bo- roughs, towns corporate, and cinque ports where the mayor, bailiffs, or other officer or officers to whom it belongs to prefide at the eledion, and make return of any member to ferve in parlia- ment, ought to be annually elefted, the fame perfon hath been re-ele6led into fuch office for feveral years fucceffively, which hath been found Noannuaiofficcr inconvenienf.' Be it ena6led and declared by the Ihallbc re-cledt- _ J 'J- authority aforefaid. That no perfon or perfons, who hath been, or fhall be in fuch annual office for one whole year, ffiall be capable to be chofen into the fame office for the year immediately en- fuing } and where any fuch annual officer or officers is or are to continue for a year, and until fome perfon or perfons fhall be chofen and fworn into fuch office, if any fuch officer or officers fhalJ voluntarily 10 ANN^E, CAP. 10. 83 voluntarily and unlawfully obftruft and prevent the Such annu ii on chooting another perlon or perlons to luccecd into the cieaion of fuch office at the time appointed for making another forfeir^ooi."^ choice, fliall forfeit one hundred pounds for every fuch offence, to be recovered with cods of fuit by fuch perfon as will fue for the fame in any of her majefty's courts of record before mentioned, by a6lion of debt, bill, plaint, or information, where- in no eflbin, protedion, or wager of law, Ihall be allowed, nor any more than one imparlance; one 9"^ '""''^'y ^'^ ■' _ -^ _ the queen, th* moiety thereof to her majefty, her heirs and fuc- other to the pro- cefTors, and the other moiety to him or them that will fue for the fame. a. n. 1710. ANNO IO°ANN.E REGIN^, CAP. I9. An Atl for laying Jeveral Dulics upon all Soap and Paper made in Great Britain^ or imported into the famey and upon chequered and ftriped Linens im- portedy and upon certain Silks, Callicces, Linens, and Stuffs, printed, painted, orjlained, and upon feveral Kinds of ftamped Vellum, Parchment, and Paper, and upon certain printed Papers^ Pam- phletSi ^^d Advertifements, for raifing the Sum of Eighteen Hundred Ihoujand Pounds, by JVay of Lottery y toivards her Majefly's Supply,' and for Ucenfing an additional Number of Hackney Chairs, and for charging certain flocks of Cards and Dice, and for better fecuring her Majefty's Duties to arije in the Office for the ftamped Duties by Licenfes for Marriages and otherwifey 4ndfor Relief of Perjons zuho have not claimed their F 2 Lottery 84 10 ANN^, CAP. 19. Lottery 'Tickets in due Timey or have loft Exche- quer Bills or Lottery Tickets, and for borrowing Money upon Stock (Part of the Capital of the South-Sea Company) for the UJe of the Public. 182. r\ND be it further enacted by the au- thority aforefaid, That no commilTioner, officer, or other perfon, concerned or employed in the charging, coUefting, receiving, or managing, any of the duties granted by this a6b, fhall, by word, meflage, or writing, or in any other man- Thecommiffion- ncr, cndcavour to perfuade any elecflor to give, ers and officers .. ,y, . ^ c\_ r • • i • appointed by this Or difluade any elector irom giving, his vote meddi°ewitheiecl ^1" his choicc of any perfon to be knight of the tions. ihire, commiffioner, citizen, burgefs, or baron, for any county, city, borough, or cinque port, and every officer or other perfon offending therein. Penalty. ffiall forfeit the fum of one hundred pounds one moiety thereof to the informer, the other moie- ty thereof to the ufe of the poor of the parifli or place where fuch offence fhall be committed, to be recovered by any perfon that fhall fue for the fame, by aftion of debt, bill, plaint, or informa- tion, in any of her majefly's courts of record at Weflminfter, or in the court of exchequer in that part of Great Britain called Scotland, in which no eflbin, protedion, privilege, or wager of law, or more than one imparlance, fhall be allowed, and every perfon convifton any fuch fuit fhall thereby become difabled, and incapable of ever bearing or executing any office or place of trufl whatfoever, under her majefty, her heirs and fucceffors. a. d. 1711. ANNO J lO ANN^, CAP. 2J. 85 25. ANNO 10° ANN^ REGINi^, CAP. 23, An A8 for the more effe5lual 'preventing fraudulent Convey anceSy in order to multiply Votes for clew- ing Knights of Shires toferve in Parliament. ' Whereas by an aa of parliament made in the yth year of the reign of his late ma- 7 and 8 w. 3. jeftykingWilliamthe third, intituled. An aft for the further regulating eleftions of members to ferve in parliament, and for the preventing irregular pro- ceedings of Iheriffs, and other officers, in the elefl- ing and returning fuch members, it is amongft other things enadted, That all conveyances of any melTuages, lands, tenements, or hereditaments, in any county, city, borough, town- corporate, port or place, in order to multiply voices, or to fpht and divide the intereft in any houfes or lands amongft feveral perfons, to enable them to vote at elec- tions of members to ferve in parliament, fhall be void, and of none efFe6t j and that no more than one fingle voice fhall be admitted for one and the fame houfe and tenement: And whereas (not- withftanding this provifion to the contrary) many fraudulent and fcandalous praftices have been ufcd of late, to create and multiply votes at the elec- tion of knights of the fhire to ferve in parliament, to the great abufe of the ancient law and cuftom of that part of Great Britain called England, to the great injury of thofe perfons who have juft rigiit to ele6l, and in prejudice of the freedom of fuch elections:* Therefore, for the more effec- F 3 tual 86 lO ANN/E, CAP. 23. tual preventing of fuch undue pra6lices, be it enaftcd by die queen's moft excellent majefry, by and with the advice and confent ot the lords Spi- ritual and temporal, and commons in this pre- fent parliament affembled, and by the authority r^LuienSmSe of the fame. That all eftates and conveyances to qualify any whatfoever, made to any perfon, or perfons, in peifjn to vote J r ' r ^ (fubjefttocondi- any fraudulent or coUufive manner, on puiT>ofe tions to defeat ^^. , . ,. ,. the lame) fhaii be to quality huTi or thcm to» givc his or thcir vote conditifi°is°&cr or votes at fuch eledtions of knights of the fhire (fubject neverthelefs to conditions or agreements to defeat or determine fuch eftate, or to recon- vey the fame) fhall be deemed and taken againft thofe perfons who executed the fame, as free and abfoluce, and be holden and enjoyed by all and every fuch perfon or perfons to whom fuch conveyance fhall be made, as aforefaid, freely and abfolutely acquitted, exonerated, and dif- chargcd of and from all manner of trulls, condi- tions, ciaufes of re-entry, powers of revocation, provifoes of redemption, or other defeazances whatfoever, between or with the faid parties, or And all bonds, any Other perfon or perfons in truft for them; and &c. for defeating , ,, , , fuch eftate fhall that all bonds, covenants, collateral or other be void, - . . _ , lecunties, contracts, or agreements, between or with the faid parties, or any other perfon or per- fons in trull for them, or any of them, for the re- deeming, revoking, or defeating fuch eftate or ef- tates, or for the relloring or re- conveying thereof, or any part thereof, to any perfon or perfons who made or executed fuch conveyance, or to any other perfon or perfons in truft for them, or any of them, ihall be null and vcid to all intents and purpofes wliatfoever -, and that every perfon wh© fliall make an4 I 10 ANN^, CAP. 2J. 87 and execute fuch conveyance or conveyances as aforelaid, or being privy to fuch purpofc, fhall dc- vile or prepare tlie fame j and every pei fon who, ^g^^^^'^'^'^^^^^on- bv colour thereof, fliall give any vote at any elec- ycyances,oryot- J ' .0 J "^ _ ing by colour tion of any knight or knights of a fliire, to ferve in thereof, /haii, for parhament, fliall, for every fuch conveyance fo fence, forfeit made, or vote fo created or given, forfeit the ^° ' funi of forty pounds, to any perfon who fhall fue for the fame, to be recovered, together with full cofts of fuit, by aftion of debt, bill, plaint, or in- formation, in any of her majefty's courts of record at Weftminfter, wherein no eflbin, privilege, pro- tedlion, wager of law, or more than one impar- lance Ihall be admitted or allowed. 2. And be it further enabled by the autho- rity aforefaid, That from and after the firfl day of May, which fliall be in the year of our Lord f/fj^ '^^^^f;, 17 12, no perfon fliall vote for the eledino; of any '^""^ . ^^"^l T* , ^ , . , ° ^ for a knight of a knight of a fhire, within that part of Great Bri- ^."c, in right tain called England, in refpedl or in right of any have not beea lands or tenements which have not been charged nTTxes," ^'Lc. cr allefled to the public taxes, church rates, and j;^j^ J'e'fon^'S parifli duties, in fuch proportion as other lands "°^ received the ' '■ ^ _ _ rents tor one or tenements of forty fliilhngs per annum, within yea. before, un- ^ r • r\ n • 1 1 r nil '"^^^ ^^'■^ lands the lame parifh or townfliip where the lame fliall came to him by lie or be, are ufually charged, and for which fuch penaity'of 40!."" perfon fliall not have received the rents or piofits, or be entitled to have received the flime to the full This ciaufe ex- value of forty fliiliings or more, to his own u(^'^ for Ann.ftat.i.c;^ one year before fuch election, unlefs fuch lands or Gc"'i \l I's. tenements came to fuch perfon within the time aforefaid, by defcent, marriage, marriage fettle- ment, dcvife, or prefentation to fome benefice in the church, or by promotion to fome office, unto r 4 which Zt lO ANNiE, CAP. 23. which fuch freehold is affixed; and if any perfon fhall vote in any fuch eleflion, contrary to the true intent and meaning hereof, he fhall, for every fuch offence, forfeit the fum of forty pounds, one moiety thereof to the poor of the parilh or pa- rilhes where the lands or tenements lie, for which fuch perfon fhall vote, and the other moiety to the perfon or perfons who fhall fue for the fame, to be recovered by adion of debt, bill, plaint, or information, in any of her majefly's courts of re- cord at Weftminfler, wherein no effoin, privilege, prote(5lion, or wager of law, fhall be allowed, or more than one imparlance. 3. And whereas, by the above recited aft it The oath requir- is alfo furthcr cnaftcd, That upon every eleftion 7 w.^ 3. c. 25. to be made of any knight or knights of the Ihire repealed. ^^ fcrvc in parliament, every freeholder, before he is admitted to poll at the fame eleftion, fhall (if re- quired by the candidates, or any of them) tirfl take the oath therein-afcer mentioned ; be it enaft- ed by the authority aforefaid. That the faid aft, as to fo much only as concerns the faid oath, fhall be and is hereby repealed. 4. And be it further enafted by the authority aforefaid. That upon every eleftion to be made of any knight or knights of a fhire within that part of Great Britain called England, to ferve in parliament, every freeholder, before he is admitted to poll at the fame eleftion, fhall (if required by the candidates, or any of them, or any other perfon having a right to vote at fuch eleftion) firfl take the oath following, viz. Their oath. * You fhall fwcar that you are a freeholder in the Another oath u county of and have freehold lands, or here- appointed by 18 Geo. ;. c. 18. ditaments, lO ANN^, CAP. •23. 89 ditaments, lying or being at in the fame county of of the yearly value of forty (hil- lings above all charges payable out of the finie ; and that luch freehold eftate hath not been made or granted to you fraudulently on purpofe to qualify you to give your vote ; and that the place of your abode is at in and that you have not been polled before at this election.' Which oath, the flieriffby himfelf, his under fl-ieriff,orfuchfwornclerkorclerks(asiliallbeby l^^; J^^jj; him appointed for taking the poll, purfuant to the '^''^■'''^ » ^«^- faid recited a(5t) is hereby required to adminifcer ; and in cafe any freeholder, or other perfon, taking the faid oath hereby appointed, fliall thereby com- mit wilful and corrupt perjury, and be thereof convifled, or if any perfon do unlawfully and cor- ruptly procure or fuborn any freeholder, or other F'e'.'^"'^^' <^°^- perfon, to take the faid oath, in order to be polled, p;rjur\ , or any whereby he fhall commit fuch wilful and corrupt iiim lo w do, perjury, and Ihall be thereof convifted, he and they, peLiti^ "' <;t for ever)' fuch offence, fhall incur the like pains and 5 2''^* *=• s- penalties as are in and by one a6t of parhament, made in the fifth year of the reign of the late queen Elizabeth, intituled, an act for punifhment of fuch perfons as fhall procure or commit any wilful per- juiy, enafted againit all fuch who fliaii commit vvil- ful perjury, or fuborn or procure any perfon tm commit any unlawful or corrupt perjury, con- trary to the faid a6l. 5. And the better to deted and punifli any offenders againft this a6f, be it enafted by the au- thority aforefaid. That in taking the poll, the flie- riff, or his under fheriff, and clerks, fhall enter not Tiie eiedo» only die place of the ekdor's freehold, but aifo Sr^^cS: the 90 lO ANNJEy CAP. 2J. X the place of his abode, as he Ihall declare the fame at the time of the giving his vote, and fhall alfo make or enter jurai againft the name of every fuch voter who fhall be tendered and take the oath hereby required ; and that the faid fherifF, or re- turning officer, fhall, v/ithin the fpace of twenty days next afner fuch election, faithfully deliver over upon oath (which oath the two next jullices of the peace, one of v. horn to be of the quorum, are hereby enabled and required to adminifter) unto iSiv^ed ^upon the clerk of the peace of the fame county, all the if^tht ^^3cf"t^ poll-books of fuch refpeftive election without any hz kept among embczzlement or alteration, and in fuch counties the records crtne i i r i feflions. where there are more than one clerk or the peace of the fame county, then the original poll -books to one of fuch clerks of the peace, and attefted copies thereof to the refl, to be carefully kept and preferved amongft the records of the felTions of the peace of and for the faid county. 6. And be it further enacted by the authority aforefaid, That the fnerifFof the county of York, foX'p^oift7^°ti for the time being, fhall be and Is hereby required bies for taking ^^ aoDoint {cvcn convcnlcnt tables, or places for the poll, at the -T-i ■> r cofts of the can- taking the poll of the faid county, upon any new election of a knight or knights of the fhire for die faid county, at the proper cofts and charges of the candidates for the fame, to continue 'till the poll be concluded. 7. And be it furdier enafted by the autho- rity aforefaid, That the fheriff of the county pa- fllUI'lo^do^the l^tine of Chefter for the time being, againft every ''^«* eleflion of a knight or knights of the fhire to ferve in parliament for the faid county, fhall and is hereby required to caufe feven convenient ta- bles lO AN'M/E, CAP. 23. 91 hies or places, and no more, to be made at the cofts and charges of the candidates, within the lliire hall of the faid county, for taking the poll at luch cleftions ; that is to fay, two at the upper end, two at each fide, and one at the lower end of the Hiid hall } and fhall at fuch place take the poll at fuch eleftions 'till the fame be concluded. 8. Provided always, and be it enafted by %.''<•" ^i^iar- ^ - . J .f. f. . irij; the eft"e(5t of the authority aforelaid. That if any perfon being the oath on their a ^iake-t'j during the continuance of an ad, pafTcd dhedted by' 7 L the feventh year of his late majefty's reign, intituled, ft^^Wkdmicttd an A6t that the folemn affirmation and declaration ^^ ^°''^' of the people called ^takers, fliall be accepted in- ftead of an oath in the ufual form, fhall, upon fuch clc6lion as aforefaid, if required by tlie candidates, or any of them, declare the efFe6l of the faid oath upon his folemn affirmation, in fuch manner and form as is directed by the faid a6l of parliament, made in the feventh yearofthe reign of his late ma- jefly king William the third, intituled. An ad that the folemn affirmation and declaration of the people called ^(akcrsy fhall be accepted inftead of an oath in the ufual form ; every fuch ^laker fhall be capable and admitted to give his vote for the eledlion of any fuch member as aforefaid, to fervc in the houfe of commons, within that part of Great Britain called England; and every flieriff by himfelf, or fuch his proper officer as aforefaid, is hereby authorized and required to accept fuch affirmation inftead of the faid oath, and Ihall alfo make or enter affirmat againft the name of every fuch ^aker ; and in cafe any fuch ^laker fhall be convided wilfully, falfely, and corruptly to have affirmed or declared any matter or thing, which, ^1 12 ANN^, CAP. ^. which, if the fame had been in the ufual form> would have amounted to wilful and corrupt per- jury, eveiy fuch ^aker fo offending, Ihall incur And affirming a- thc famc penalties and forfeitures as are herein-be- £iM:Kur'1he ^o^^ cnafted againft perfons convifted of wilful penalties betbre and corruDt Deriury. a. d. 171 i. enacted againft i i. j j i penary. ANNO 12° ANN^ REGIN^, CAP. 5. An Ati to explain a Clauje in an A51 of the laji SeJJion of Parliament, intituled, An Act for the more ef- fenual -preventing fraudulent Conveyances, in order to multiply Votes for the electing Knights of Shires toferve in Parliament, as far as the fame relates to the afcertaining the Value of Freeholds of zips, per Anr.um. ^ Whereas by an aft made in thelaft 10 Ann. c. 43. fefTion of parliament, intituled. An aft for thc more effedlual preventing fraudulent conveyances, in order to multiply votes for elefting knights for ihires to ferve in parliament, it is amongft other things enaded. That from and after the firft day of May, which Ihould be in the year of our Lord 17 1 2, no perfon fhall vote for the eledling of any knight of a Ihire, v/ithin that part of Great Britain called England, in refpeft or in right of any lands or tenements which have not been charged or airefled to the public taxes, church rates, and parifh duties, in fuch proportions as other lands or tenements of 40s. per annum, within the fame paiifli and towniliip where the fame (hall lie or be, are ufually charged, under a penalty therein exprefTedj and whereas fome doubts li ANN^, CAP. 5. 93 doubts have arifcn v/hether parfons, vicars, and other perfons, having mefllwjgcs, lands, rents, tithes, or other hereditaments, are not thereby reflrained from voting at fuch ele6lions, in regard that iuch meflliages, lands, rents, tithes, or he- reditaments, have not been iifually charged or afTefled to the public taxes, church rates, and parifh duties, and to every of them.' Now, for as much as it was only intended thereby to afcertain the value of lands or tenements, by making the proportion paid to the public taxes, church rates, and parifh duties, or fuch of them to which the fame were ufually charged or af- feffed, the meafure of the value thereof; and for the removing fuch doubts, be it ena6ted and de- clared by the queen's mod excellent majeft)'', by and with the advice and confent of the lords fpi- ritual and temporal, and commons in this prefent parliament aflembled, and by the authority of the fame. That the faid ad, or any thing therein contained fhall not extend, or be conftrued to rcftrain any perfon from voting in fuch election ThtaftioAnn. of any knight of a (hire within that part of Great Ar^,l' "ny'"p=r- Britain called England, in refped or in ridit of f^".^'''"? l°K any rents, tithes, or other incorporeal inherit- ^">' ■''=""' ^'=- '^ or chamber: in ances, or any melTuages or lands in extra-paro- inniof court, iri chial places, or any chambers in the inns of court, nofbenf ch.rg' or inns of chancery, or any meflliages or feats Ji J^ J'e!"''' belonging to any offices, in regard or by reafon that the fame have not ufually been, or fhall not be charged or afiefled to all or any the public taxes, church rates, and parifh duties, as men- tioned in the above recited ac% or in rcCpcct or in right of any other melTuages or lands not herein before 54 i2 ANNyE, STAT. I. CAP. I^. before fpccified, in regard or by reafon that thq fame have not been ufually charged or affefled to all and every the public taxes, church rates, and Provided that parifii dutics afjrefaid. Provided, That fuch mef-* thev have been -~ 111 r n 1 1 i .-.fTeiTed as other luagcs Or lands havc uluajly been cnarged or !Ji^sf"p?r"nn. ]n ^ff^flcd to fomc onc Or more of the faid public t^^e fame patifli, taxcs, rates, or duties, in fuch proportion as other mefTuages or lands of forty fi^illings per annum within the fam,e parilh or townfliip where the fame fliall lie or be, are ufually charged to the fame ; any thing contained in the faid recited aft to the contrary thereof in any wife notwithftand- ing. A. D. 17 13. ANNO 12° ANN^ REGIN^, STAT. I. CAP. 15* y^n A^ for making 'perpetual an Aul made in the Jeventh Tear of the Reign of the late King JVUllam, intituled^ An A51 to prevent falfe and double Re- turns of Members toferve in Parliament, ' W^HEREAS in the 7th year of the 7 & 8 w. 3. reign of the late king William the Third, an aft *• ^* was made, intituled. An aft to prevent falfe and double returns of members to ferve in parliament, and was thereby enafted to continue for the term of feven years, and from thence to the end of the next fefiion of parliament, and no longer j which ,1 & 13 w. 3. aft, by another aft made in the 12th year of the '■ ^' reign of the late king, intituled. An aft for con- tinuing a former aft to prevent falfe and double returns of members to ferve in parliament, was enafted, fliould therefore be in force for, and during the term of eleven years, and from thence to 1 GEORGIT, CAP. 38. 95 to the end of the firfl fcITion of the next parlia- ment, and no longer ; which faid a6l has been found by experience to be very ufcful for the pie- fervation of the rights of the feveral coiiniies, ci- ties, and boroughs of this kingdom, in the elec- tion of members to ferve in parliament, and be- ing near expiring:' Be it therefore ena6ted by the queen's moft excellent majefty, by and with the advice and confent of the lords fpiricual and temporal, and commons in this prcfent parlia- ment alTembled, and by the authority of the fame, That the faid aft made in the 7th year of the J!"" ^^ ^ & « reign of the late king William the Third, inti- i«adc perpetual. tuled, An adt to prevent falfe and double returns of members to ferve in parliament, and evciy claufe, matter, and thing therein contained, Tnali be, and is hereby declared to be in full force, and is hereby made perpetual. a. d. 17 13. ANNO 1° GEORGII REGIS, CAP. jS. /In Acl for enlarging the 'Time of Continuance of Par- liatnents appcintedby an A£l made in the fixth Tear of the Reign of King William and ^een Alary y intituled^ An A5f for the frequent meeting and calling of Parliaments, VV HEREAS in and by an aft of parliament made in the fixth year of the reign of their late ma- jefties king William and queen Mary (of ever blefled memory) intituled. An aft for the frequent meeting and calling of parliaments, it vvas amongft other things enaftcd, I'hat from thence- forth no parliament whatfocver, that flvould at any 6W. &M.C.2. 96 I GEORGII, CAP. 38* any time then after be called, aflembled, or held, fhould have any continuance longer than for three years only at the fartheft, to be accounted from the day on which, by the writ of funnmons, the faid parliament fhould be appointed to meet ; and whereas it hath been found by experience, thxat the faid ciaufe hath proved very grievous and burthenfome, by occafioning much greater and more continued expences, in order to elecflions of members to ferve in parliament, and more violent and lading heats and animofities among the fubjecls of this realm, than were ever known before the laid ciaufe was enaded, and the faid provifion, if it fliould continue, may probably, at this jun6ture, when a refllefs and popifh fac- tion are defigning and endeavouring to renew the rebellion within this kingdom, and an invafion from abroad be deftruflive to the peace and fe- curity of the government:' Be it enafted by the king's moft excellent majefty, by and with the advice and confent of the lords fpiritual and tem- poral and commons in parliament affembled, and by the authority of the fame. That this pre- sent parliament, and all parliaments that Ihall at any time hereafter be called, affembled, or held, fliall and may refpc6lively have continuance for feven years, and no longer, to be accounted from the day on which, by the writ or fummons, this pArKarncnt fhaii prefent parliament hath been, or any future par- have conunu . ^ •• _ ^ * _ ar.oc for feven Ijamcnt lliall bc, appointed to meet, unlcfs this iVioncr diiroived prcfcnt or any fuch parliament hereafter to be by the king. fummoned, fliall be fooner dilTolved by his ma- jefty, his heirs or fuccefTcrs, a. d. 1715. ;J 2 ANNO I GEOROII I. STAT. 2. CAP. 56. ^7 ANNO 1° GEORGII I. STAT. 2. CAP. ^6. /In A£i to difable any Per/on from being chofen a Member of or from fit ling and voting in , theHoufe cf Commons y who has any Penfion for any Num- ber of Tears from the Crown, ^Whereas by an aa, intituled. An a6t for the fecurity of her majefty's perfon and government, and of the fuccefTion to the crown of Great Britain in the Proteftant line, and made in the fixth year of the late queen Anne, it was ^ ^'*"*» ^' *• provided, that no perfon, having any penfion from the crown during pleafure, fhould be capable of being elefted, or of fitting or voting as mem- ber of the houfe of commons in any parliament* which fhould be then after fummoned and holden ;* to the end therefore, that the provifion intended by that law, for fecuring the honour of the houfe of commons, may not in future times be defeated or eluded by any perfon, who fhall be a member of the houfe of commons, accept- ing any penfion for any term or number of years ; be it enabled by the king's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal and commons in this prefent parliament affembled, and by the autho- rity of the fame. That no perfon, having any pen- no perfon hiv- fion from the crown for any term or number of '^"f^ 'hc^crown years, either in his own name, or in the name cr ^l\^^ l\SX names of any other perfon or perfons in trufl &c. a member for him, or for his benefit, mail be capable ot commons. being eledcd or chofen member of, or fitting e or ^ II CEORGII I. CAP. 10. or voiing as a member of, this prefent or any future houfe of commons, which lliall be here- after fummoned. 2. And be it further enabled by die autho- Any perfon hav- j-j^y aforefaid. That if any perfon who fliall have oa'^, and who, be- fuch pcnfioH as aforcfild, at the time of his being ik in the houfe, fo elected, or at any time after, during lucn time t.l di'L''to'the. ^she fnall continue or be a member of the houfe proiecutor. ^^ commons, fhall prefume to fit or vote in diat houfe, then and in fuch cafe, he iliall forfeit twenty pounds for every day in which he fhall fo fit or vote in die faid houfe of commons, to fuch perfon or perfons who iTiall fue for the fame, in any of his majeily's courts in Weftminfler hall j and the monies fo forfeited lliall be recovered by the per- fon fo fuing, with full colts of fuit, in any of the faid courts by adion of debt, bill, plaint or in- formation, in which no effoin, privilege, protec- tion, or w^ager of law, fhall be allowed, and only one imparlance. a. d. 17 15. ANNO I1°GE0RGII I. CAP. lb. An Aoi for regulating Ele5lions within the City of London, and for p-cjerijing the Peace, good Order, and Go'jernment of the faid City, ■ \ ♦ HEREAS of late years great contro- verfies and diiFendons have arifen in the city of London, at the ekdtions of cidzens to ferve in parliament and of mayors, aldermen, flierifEs, and other ofricers of die faid city; and many evil minded perfons having no right of votixig, have unlawfully intruded diemfelves into the af- I fcmblies li cEORcri I. CAP. iS. 99 lemblies of the citizens and prefumed to give thc'r Votes at fuch eleftions, in manifcft violation of the rights and privileges of the citizens, and of the freedom of their elc6lion, and to the diftur- biince of the public peace ; and whereas great numbers of wealthy perf )ns not free of the faid city, do inhabit and carry on the trade of mer- chandize and other em.plcjyments within the faid city, and refufe or decUne to become freemen of the fame, by reafon of an ancient cuftom within the faid city reftraining the freemen of the fame from difpofmg of their perfonal eftates by their laft wills and teftaments ; and whereas great diffentions have arifen between the alder- men and commons, of the common- council of I^ondon, in or concerning the making or pafllng of a6bs, orders or ordinances in common coun- cil, which, if not timely fettled and determined^ may occafion great obftrudions of the public bufmefs and concerns of .the faid city, and create many expenfive controverfies and luits at law, and be attended with other dangerous confe- quences :' Now, to the intent that fuitable reme- dies may be provided, for preferving the privi- leges of the city of London and the freedom of election therein, and for fetding the right of fuch eledlions, and putting a ilop to the aforefaid controv^erfies and difientions and the ill confe- quences of the fame, and that a conRant fupply may be had of able ofjicers, capable of fupport- ing the dignity of, and maintaining good order and government within, that ancient, populous and loyal city, which is of the greattft confe- quence to the v/l'ioie kingdom : 13c it enabled, G 2 by iOO II GEORGII I. CA^. 18. fey the king's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal and commons in this prefent parlia- ment affembled, and by the authority of the fame. That at all times from and after the firft day of June, 1725, upon eveiy ele6lion of a ci- tizen or citizens to ferve for the faid city of London in parliament, and upon all eleftions of mayors, IherifFs, chamberlains, bridge mafters, auditors of chamberlains and bridge mafters ac- counts, and all and every other officer and officers to be chofen in and for the faid city, by the liverymen thereof, and upon all eledions of aldermen and common- councilmen, chofen at the refpedtive wardmotes of the faid city, the pre- fiding officer or officers at fuch eledions (hall, in cafe a poll be demanded by any of the candi- dates, or any two or more of the electors, ap- On all rfcfiions point a convcnicnt number of clerks to take the by the liverv- _ i-iiioiii /--i i-i men, and at the lamc, which clcrKS ihail take the laid poll in the fldb^officerto prefence of the prefiding officer or officers, and SentnumbeTo'f ^^ ^^^0^^^ ^Y ^"^^ ^fficcr Of officers, ttuly and in- cierks to take differently to take the fame, and to fetdown the the poll, Sic, ■' name of each voter and his place of refidence or abode and for whom he fliall poll, and to poll no perfon who fhall not be fworn, or being cd° wh» [s^no"t a ^lakery ffiall not affirm according to the di- reftion of this afl j and every perfon before he is admitted to poll, at any eledion of any citizen or citizens to ferve in parliament, or of any officer or officers ufually chofen by the livery- men of the faid city as aforefaid, ffiall take the oath herein-after mentioned, or being one of the people fworn. II CEORGII T. CAP. 18. JIOI people called ^takers, fhall fulcmnly afHrm the effed thereof, that is to fay, " You do fwear, That you are a freeman of Liverynmfs JLondon, and a liveryman or the company 01 and have fo been for the fpace of twelve kalendar months j and that the place of your abode is at in and that you have not polled at this eledlion. So help you God." And in cafe of any eleflion of any alderman, or common- councilman, every perfon before he is admitted to poll, fhall take the oath herein- after mentioned, or being one of the people cal- led fakers, fhall folemnly affirm the efJedt thereof, that is to fay, " You do fwear. That you are a freeman of London and an houfholder in the ward of Oath at w.wi- pnd have not polled at this eledion. ^°^^" So help you God.'* And if any perfon or perfons fliall refufe or ncgleft to take the oaths hereby refpedlively ap- pointed to be taken, or being a ^laker, fhall refufe or negle6t to make fuch folemn affirma- tion as aforefaid, then and in every fuch cafe the poll or vote of fuch perfon or perfons fo negleft- ing or refufing fliall be, and the fame is hereby declared to be, null and void, and as fuch fhall be on refuW to rciefted and difallowed. ^"-'.J' p°J' *° '"^ 2dly. And be it further enacfted by the autho- rity aforefaid. That at all times from and after the faid firft dayof June, 1725, upon eveiy ele6lion of fuch citizen or citizens, officer or officers, by the liverymen of the faid city, and upon every eleftion of fuch officer or officers, at any ward- mote of the faid city as aforefaid, all and every g 3 peifoa tol 11 GEORGII I. CAP. l8» perfon and perfons having a riglit to vote or poll at fuch eleftion or eleftions, fhall, before he be admitted to vote or poll thereat, (if re- quired by any of the candidates, or any two or nnore of the eledlors) firfl take the oaths in and The oaths to be by an a6l made in the firft year of liis majefty's S/a.' appointed reign, intituled, ' An ad for the further fecurity ^'it. ^.Z' A'. ^^ his majefty's perfon and government, and the fuccefiion of the crown in the heirs of the late princefs Sophia, being Proteftants, and for ex- tinguifhing the hopes of the pretended prince of Wales, and his open and fecret abettors,' ap- pointed to be taken, or being one of the people called ^lakerSj fnall, if required as aforefaid, folemnly affirm the effe6t thereof j and if any perfon or perfons fhall, being required thereunto as aforefaid, refjfe or negieft to take the faid oaths by the faid aft appointed to be taken, or to affirm the efFeft thereof as aforefaid, that then the poll or vote of fuch pci fon or perfons fo ne- gle6ting or refufing Ihall be, and the fame is hereby declared to be, null and void, and as fuch fliall be rejected and difallowed ; and the pre- fiding officers at all and every the refpe6tive elec- tions aforefaid, and fuch fworn clejks as fhall be by them -;appointed, are hereby refpedlively au- thorized and impowcred to adminifter the above mentioned oaths and affirmations ; and if any fuch prefiding officer or officers, fwoin clerk or clerks, fhall neglefb or refufe fo to do, or ffiall otlierwifc offend in the premifes, contrary to the PrefrJing officer ^ruc intent and meaning of this acl, every fuch and f.vorn ckrk ^^^^^ ^^^^ ^^^^^.^ ^^^^ ^^.| ^^^ ^^_, ^^^J^ to ad 111 I) liter t.'.c ' J oaths, on penal- offence forfeit the fum of fixty pounds, of tyof6ol. •' ^ lawful II GEORGII I. CAP. iS. ICJ lawful money of Great Britain, befiJL^s cofls of f.'it. ^,. And it is hereby further ennflec], That if .my perfon or perfons lliall wilfully, falfely, ^nd coj J uprly take the faid oaths or affirmations fee forth Mid appointed in and b)' this a£V, or either or them, and be thereof lawfiiiy convidled Liy indidment oi inf::;i'T!ation, Oi if any perfon or p--i''uns lliall corrupdy procure or fiiborn any oth-.r perfon to take the faid oaths or affirmations, or either, whereby he fliall wilfully and faifely take the faid oaths or anrmations, or either of them, and the perfon lb procuring or fuborning fliail be thereof convicted by indiclment or infor- mation ; every pe.ibn fo offending Iball for every fi-ich offence incur and fuller fuch penalties, for- feitures, and difabilities as perfons convicted of Pc" 'ity«n fa'fe- . -^ ly ^^!ng the Wilful and corrupt perjui y, at the common lav/, oaths, or fuborn- are liable unto. 4. " And to the intent that the poll at every fuch eledion may be expeditioully and duly taken j" Be it further enaded by the autho- rity aforefaid. That if a poll Hiall be demanded at any of the ele6tions before-mentioned, after the faid firft day of June, 1725, the prefiding officer or officers at fuch elections fhall begin fuch Prcn.ihis officer poll the day the f mie ffiall be demanded, or the pon be demJid- next day following at the farthefl:, unlefs the fame '•** fliall liappen on a Sunday y and then on the next day after, and fliall duly and orderly proceed thereon from day to day (Sundays excepted) un- til fuch poll be finiffied, and fhall finiffi the poll, at elections by the liverymen within feven days, when the poU exclufive of Sundays, and the poll at the wardmotes &c. c 4 within 104 II GEORGII I. CAP. 18. within three days, exclufive of Sunday, after the commencing the fame refpeftively, and lliall upon adjourning the poll on each day at all and every the eledlions aforefaid, feal up the polh books with the feals and in the prefence of fuch of the relpeftive candidates or perfons deputed by them as fhall defire the fame, and the faid poll book (hall not be opened again, but at the time and place of meeting, in purfuance of fuch adjourn- ment, and after the faid poll is finilhed, the faid poll books being fealed as aforefaid, fhall within two days after be publicly opened at the place of eledion and be duly and truly caft up, and within two days after fuch cafting up, the num- bers of the votes or polls for each candidate fhall be truly, fairly, and publicly declared to the ele6lors at the place of eleftion, by the officer or pfHcers prefiding at fuch eleftion ; and if a fcru- tiny fhall, upon fuch declaration made, be lawfully demanded, the fame fhall be granted and pro-' ceeded upon, and the refpedive candidates fhall immediately nominate to the prefiding officer, or If a fcrutmy be ofHccrs at fuch elccflions, any number of perfons t-Zrttt'Z quaUfied to vote at fuch eledions not exceeding exceed 6 on each {[^ to be fcrutinccrs for and on behalf of the Cue. candidate or candidates on each fide, to whom the prefiding officer or officers at fuch eleftion fhall, within fix days next after fuch fcrutiny fhall be demanded, upon requeft and at the charge of the candidate or candidates or any of the fcruti- neers on his or their behalfs, deliver or caufe to be delivered to him or them a true copy, figned by fuch officer or officers, of the poll taken at fuch ckdiion-y and all and every the fcrutinies, to II GEORGir I. CAP. 18. lO^ be had or taken upon any cle6lion to be made by the liverymen of the faid city, fhali begin within ten days afcer the dehvery of the copies of the faid polls, and be proceeded on day by day, (Sundays excepted) and fhall be finilhed within Scrutiny vi,e« fifteen days after the commencement of fuch fcru- wLon^to' finiOi, tiny; and thereupon the prefiding oiKcer or offi- verymei!" ^^ ^" cers, fliall, within four days after the finifliing fuch fcrutiny, publicly declare at the place of fuch ele6lion, which of the candidates is or are duly ele(5ted and the number of legal votes, fol* each candidate, appearing to him or them upon fuch scrutinies on «- fcrutiny; and on the eledlion of any officer or of- ^^^^Z'"'^'^''^' ficers at the refpecSlive wardmotes of the faid city if a fcrutiny be demianded, the candidates or fcrutineers nominated on their behalf ref- pedlively, lliall within ten days next after the re- ceipt of die copy or copies of the polls taken at fuch eleftion, deliver or caufe to be delivered to the prefiding officer or officers, the names in writing, of the feveral perfons who have polled in the faid eledtion, againftwhofe votes they fhall objeft, with the particular objedions againfteach refpeftive naiTiC; and the prefiding officer or of- ficers, fliall thereupon within three days then next following, at the requeft and charges of any candidate or candidates, or the fcrutineers named on his or their behalfs, deliver or caufe to be de- livered to him or them, one or more ti-ue copy Tru? copi-s nf or copies (figned as aforefaid) of the paper con- ^'''''^!'^''f'''"^^*j' taining fuch names and objeftions as aforefiid; --'s. and the faid prefiding -officer or officers, vv^ithin ten days then next following (exclufive of Sun- days) after having fully heard fuch of die faid can- »c6 II GEORGII I, CAP. iS. candidates as Iliall defire the fame, or fome per- fbn appointed by him or them touching fuch ob- jections, lliaK at or in the place of ekccion, openly and publicly declare which of tiie faid candidates is or are duly elefted, and the num- ber of legal votes for each candidate appearing to him or them upon fuch fcrutiny ; and if the faid prefiding ofRcer or officers, or any other perfon or perfons fliali offend in the premifes, every fuch offender fhall forfeit fox every fuch ptaaiiy 200I. offencc the fum of two hundred pounds of law- Ac 'Kith colts, _ ' fcafidea all other fui moncy of Great Brita.n. with full colls of fuit, over ana above all other penalties and for- feitures infiicled by any other ad or afts of par- liament. 5. And be it further enafted by the autho- rity aforefaid. That after any ele6tion macx' and fciutiny taken, as is herein-before provided ^nd directed, the prefiding officer or officers at fuch eleclion and fcrutiny Ihall deliver, under his or their hand or hands, a true lift of the v.ters by Atre«Ti/tto be him or them difallowed upon fuch fcrutiny, to any Ss^i^vJed.'" of the candidates who fliail, upon the final decla- ration of the election as aforefaid, dem.and the fame within fix days after fuch demand made, llich candidate paying for the fame : Provided alv/ays. That no fuch lift as is hereby direfled to be given, nor any thing therein contained, fhall be admitted to be given in evidence on any adion or occafion whatfoever. 6. And be it further enacled by the autho- Marnr to ifTue rlty aforefaid. That the mayor of the city of Lon- comjanies to don fDr the time being, upon requeft to him made ^^ "* ^' by any candidate or candidates, his or their agent or II CEORGII I. CAP. l8. 107 ,or agents, at any ele6lion of a citizen or citizens to iVrve in parliament for the faid city, or of a mayor or any other officer or officers to be chofen by the liverymen thereof, where a fcrutiny is de- manded and granted, fhall ifllie his precepts as has been ufnal, requiring the mafters and wardens of the livery connpanit's of the Hiid city refpec- tively, to caufe their clerks forthwith to return to him two true lifts of all the liverymen of their re- Ipeftive companies; and the faid clerks fhall re- turn fiich their refpective lifts upon oath within three days after the receipt of any fuch precepts, one of which lifts fo returned, the faid mayor fhall, and he is hereby required forthwith to de- liver, or caufc to be delivered to the candidate or candidates on each fide at fuch election, or to his or their agent or agents refpeftively. 14. And it is hereby further ena6led. That no perfon or perfons whatfoever fhall, from and after the faid firft day of June, 1725, have any pcrfons excluded right or tide to vote at any eleftion of a citizen *™" ''°""^' or citizens to ferve in parliament for the faid cit}', or of any mayor or other officer or officers to be chofen by the liverymen thereof, who have not been upon the livery by the fpace of tv/elve kalen- dar months before fuch eledion;, and who fliall not have paid their refpeftive livery fines, or who having paid the fame, ihall have received fuch fines back again in part or in all, or fliall have had any allowance in refpeft thereof; and no perfon or perfons whatfoever fhall have any riglit to vote at any election of a citizen or citizens to ferve in parliament, or of any mayor, alderman, or IO$ .1 GEORGir II. CAP. 24. or other officer or officers of or for the faid cit)'^, or any the wards or precinds thereof, who have, at any time within the fpace of two years next before fuch eledlion or eledions, requefted to be, and accordingly have been, difcharged fronn paying to the rates and taxes to which the citizens of Lon- don inhabitins; therein are or Ihall be hable as aforefaid, or any of them, or vWio have widiin the time afcrefaid had or received an alms whatfo- everi and the vote of every fuch perfonfhall be void. 20. And be it further enaclcd by the autho- rity aforefaid, That all and every the forfeitures Forfeitures how hcrcbv cnaftcd or inflided, Ihall be diftributed in to be dilbibuted. ■' r ^^ • , • r i- 1 the manner toUowing, that is to lay, one third part diereof to the king's moifl: excellent majefty j one third part thereof to die chamberlain of the faid city, to the ufe of the mayor, commonalty, and citizens of the faid city j and the remaining third part thereof to him or them diat will fue for die fame within ^itl kalendar months next after the fame fhall be incurred, to be recovered by a6bion of debt, bill, plaint, or information, in any of his maiefly's courts of record at Wefcminfter, where- in no eifoin, privilege, protedion, or wager of law, fhall be allowed, nor any more than one im- parlanrr. a. d. 1724. ANN'O 2" GEORGII II. CAP. ■24. An Art for the more effe5fual preventing Bribery and Corruption in the Ele Aliens of Members to Jeri'C in Parliament. W^ HERE AS it is found by experience that the laws already in being have not been fuf- ficient t GEORGii ir. CAP. :24. 109 ficlent to prevent cornipt and illegal practices in Exwndcdtocicc- , 1 o- r 1 r ■ r > "^"s of delegates the eleaion ot members to lerve in parliament : in Scotland, by For remedy therefore of fo great an evil, and to the end that all elec5tions of members to ferve in parliament may hereafter be freely and indiffe- rently made, without charge or expencc, be it cna(5ted by the king's moft excellent majefty, by and with the advice and confent of the lords fpi- ritual and temporal and commons in this prefent parliament affembled, and by the authority of the fame, That from and after the twenty-fourth day of June, 1729, upon every eledlion of any member or members to ferve for the commons in parliament, every freeholder, cidzen, freeman, burgefs, or perfon having or claiming to have a Eieaore of p.u-- • 1 1 11 1 r 1 1 o- n 11 Jiame"'! men to right to vote or be polled at luch election, Ihall, take the follow. before he is admitted to poll at the fame election, mfndcd? '* ^" take the following oath (or being one of the people called ^lakers, fhall make the folerrjn affirmation appointed for S^iakers) in cafe the fame fhall be demanded by either of the can- didates, or any two of the eleftors ; that is to fav, " I, A. B. do fwear (or being one of the peo- Ekftcws twh, pie called ^lakersy I, A. B. do folemnly affirm) I have not received, or had, by myfelf or any perfon whatfoever in truft for me, or for my ufe and benefit, dire6tiy or indirectly, any fum or fum of money, office, place, or employnienr, gift, or reward, or any promifc or fccurity fur any money, office, employment, or gift, in order to give my vote at this eledlion, and that I have not been before polled at this eleflion." Which oath or affirmation the officer or offi- cers prefichng or taking the poll at fuch eledion, is no 2 GEOROII II, CAt>. 24. prrfiding officers Is and arc hereby impowered and required to ad* to adminifter 't» - .^ • -r i 5 i r r j on forfeiture of minilter gratis^ it demandea as aioreliiia, iiport ^* pain to forfeit the fum of fifty pounds of lawful money of Great Britain, to any perfon that fhall fue for the fame, to be recovered together with full cofts of fuit, by aftion of debt, bill, plaint, or in- mation, in any of his majefty's courts of record at Weftminfter, wherein no effoin, protettion^ wager of law, or more than one imparlance Ihall be admitted or allowed j and if the faid offence fhall be committed in that part of Great Britain called Scotland, then to be recovered, together with full cofts of fuit, by fummary action or compiaint before the court of feffion, or by pro- fecution before the court of jufticiary there, for every negleft or refufal fo to do j and no perfon ihall be admitted to poll, till he has taken and repeated the faid oath in a public manner, in cafe the fame Ihall be demanded as aforefaid, before the returning officer, or fuch others as lliall be le- gally deputed by him. Sheriff or other 2. And bc it furthcr enafted. That if any Ihe- returning orticer ^ • . -r^ . . atteiitting any to riff, mayor, baihff, or othei returning officer, fhall (wofn j to forfeit admit any perfon to be polled without taking fuch '°°^* oath or affirmation, if demanded as aforefaid, fuch returning officer ffiall forfeit the fum of one hun- dred pounds, to be recovered in manner aforefaid^ together with full cofts of fuit ; and that if any perfon ffiall vote or poll at fuch eledion, without having firft taken the oath, or if a ^aker^ hav- ing made his affirmation as aforefaid, if demand- Voters to incur ed, fuch perfon ffiall incur the fame penalty the like penalty. , . . ^ . which the officer is fubjedl to for the offence above-mentioned. 3. And 2 GEORCii II. Cap. 24. Ill 3. And be it further enafted by the authority aforefaid, tliat every fheriff, mayor, baihiT, head- borough, or other perfon being the returning officer of any member to ferve in parHament, Returning rf. •' ^ '■ ^ ficers alter Tczi~ fhali imm.ediately after the reading the writ, or ing ti.c writ, ta precept for the elefti on of fuch member, take oa-ji. and fubfcribe the following oath, viz. " I, A. B. do folemnly fwear. That I have f/^if ^^,,^'3 *j; not, direftly or indire6lly, received any fum or themummgc/- fums of money, office, place or employment, by 16 Geo. », gratuity or reward, or any bond, bill, or note, or any promife or gratuity whatfoever, either by myfelf or any other perfon to my ufe, or benefit, or advantage, for making any reairn at the prefcnt ele6lion of members to ferve in parliament -, and that I will return fuch per- on or perfons as ffiall, to the beft of my judg- ment, appear to me to have the majority of legal votes." Which oath anyjuftice or juftices of the peace of the faid county, city, corporation, or borough, where fuch election ffiall be made, or, in his or their abfence, any three of the eledlors are hereby required and authorized to adminiiler ; and llich oath, fo taken, ffiall be entered among the re- cords of the feffions of fuch county, city, cor- poration, and borough as aforefaid. 4, And be it enabled by the authority afore- faid. That fuch votes ffiall be deemed to be legal, blafcmerk'^a? which have been fo declared by the laft determi- nation in the houfe of commons ; which lafl: deter- mination concerning any county, city, ffiire, bo- rough, cinque port, or place, ffiall be final to ail intents'-* 112 2 GEORGII II. CAP. 24. intents and pinpofes whatfoever, any ufage to the contrary notv/ithftanding. 5. And be it further enacfted by the autho- rity aforefaid. That if any returning officer, elec- tor, or perfon taking the oath or affirmation herein- before mentioned, ffiall be guilty of wilful and corrupt perjury, or of falfe affirming, and be thereof convifted by due courfe of law, he Ihall incur and fuffer the pains and penalties which by law are enabled or inflitted in cafes of wilful and corrupt perjury. 6. And be it further enacted by the autho- perfons convifl- rity aforcfaid. That no perfon convicled of wilful jury^Tel"er^ca- ^"^ corruDt pcijury, or fubornation of perjury, pabic to vote, ffiall, after fuch convidlion, be capable of voting in any elcdion of any member or members to ferve in parliament. 7. And be it flirther enafted by the autho- rity aforefaid. That if any perfon, who hath or claimeth to have, or hereafter fnall have or claim to have, any right to vote in any fuch eleftion, perfons taking ([y^\\ f^-Qj^ ^nd after the faid twenty-fourth day of money or reward _ _ ■' ' tor their vote, Junc, which iliall bcln thc vcar of ourTord, 1 7 20,- fcc. forfeit 50CI. \ . , ^ , J and are difabied alK, rcccive, or taice any money, or other reward, ^'''^* '^' by way of gift, loan, or other device, or agree or contract for any money, gift, office, employment, or other reward whatever, to give his vote, or to refufe or forbear to give his vote in any fuch eledtion, or if any perfon, by himfelf or any perfon employed by him, doth or fhall, by any gift or reward, or by any promife, agreement^ or fecurity for any gift or reward, corrupt or pro- cure any perfon or perfons to give his or their vote 2 CEORGII II. CAP, 244 113 vote or votes, or to forbear to give his or their v(5te or votes in any fuch election, fuch perfcjn fo offending in any of the cafes aforefaid fhall, for every fuch offence, forfeit thefum of five hundred pounds of lawful money of Great Britain, to be recovered as before direfted, together with full cods of fuit ; and every perfon offending in any of the cafes aforefaid, from and after judgement obtained againft him in any fuch adion of debt, bill, plaint, or information, or fammary a6lion or prolecution, or being any otherwife lawfully con- vifted thereof, fliall for ever be difabled to vote in any eledlion of any member or members to parliament, and alfo fhall for ever be difabled to hold, exercife, or enjoy any ofhce or franchife, to which he and they then fhall or at any time afterwards may be entitled, as a miemberofany city, borough, town corporate, or cinque port, as if fuch perfon was naturally dead. 8. And be it further enabled by the authority aforefaid. That if any perfon offending againft this aft, fhall within the fpace of twelve months next after fuch eleftion as aforefaid, difcover any ether perfon or perfons offending againft this a6b, fo that fuch perfon or perfons fo difcovered be thereupon convi6ted, fuch perfon fo difcovering, offenders, in and not having been before that time convided of 'r'^^^ 7""^*^' »-' _ aKer the ehttion any oFv-nce againft this a6l, fhall be indemnified diiwvering o- and difcharged fiom all penalties and dilabihties, fied.' which he fliall then have incurred by any offence againft this ad. 9. And for the more effedual obfervance of this ad, be it enaded. That all and every the flie- H riffs, 114 - GEORGII II. CAP. 24. riffs, mayors, bailiffs, and other officers, to whom the execution of any writ or precept, for elefting any member or members to ferve in parliament, fhall belong or appertain, fhall and are hereby required, at the time of fuch eledtion, imme- diately after the reading fuch writ or precept, to read or caufe to be read openly before the elec- tors there affembled, this prefcnt a6b, and every i^d bj thr^hc! claufe therein cont:^ined, and the fame fhall alfo reTdirf "the^wrk opcnly bc rcad once in every year at the general and at the quar- quarter feflions of the peace, to be holden next tf r Icnions alter ^ '■ £afte«\ after Eafler, for any county or city, and at every eleftion of the chief magiftrate in any borough, town corporate, or cinque port, and at the an- nual elcdion of the magiflrates and town coun- fcllors for every borough, within that part of Great Britain called Scotland. 10. And be it flirther enacted by the authority aforefaid. That every fhei iff, under fheriff, mayor, bailiff, and other officer, to whom the execution of any writ or precept, for the electing of mem- bers to ferve in parliament doth belong, for every wilful offence, contrary to this a6l, fhall forfeit wilful offence the fum of fifty pounds to be recovered, together fwtcits 501. y/^^i^ f^jjj (,QJ^5 Q^ f^-^^^ jj^ j.|^g manner before diredted. 1 1 . Provided always, and it is hereby declared and enacted by the authoiity aforefaid, That no perfon fhall be made liable to any incapacity, dif- ability, forfeiture, or penalty by this aft laid or impofcd, unlefs profecution be commenced with- in two years after fuch incapacity, difability, for- Profeciition to commence with- fciturc. Of penalty fhall be incurred, or in cafe of a profecution, the fame be carried on without 3 wilful 3 CEORCII 11. CAP. 8. 11^ wilful delay ; any thing herein contained to the contrary notwithftanding. A. D. lyiy* ANNO 3° GEORGII II. CAP. 8. An A£f for the better regulating Ele^ions in the City of Norwich, and for -preferving the Peace^ good Order ^ (ind Government, in the f aid City. VV HEREAS many unhappy contro- verfies and diffentions have of late years arifen in the city of Norivichy at the eledions of citizens to ferve in parliament, and alfo of mayors, fhe- rifFs, aldermen, and common-coiincilmen of and for the faid city, touching the legality and validity of the votes of many perfons who . in fuch elections have offered to vote ; and whereas the time appointed by the charters of the faid city is not fufficient to eled fo great a number of common-councilmen for each great ward, as are thereby yearly diredled to be cliofen when fuch eleftions happen to be controverted; and whereas great differences and diffentions have arifen between the mayor, fheriffs, and aldermen, and the commons of the common- council of the faid city, in or concerning the making or paffing of'afts, orders, or ordinances, in common-coun- cil, or affembly of the reprefentative body of the faid city, which liave often obftru6led die public bufinefs and concerns thereof:" Now to the in- rent that a (lop may be put to all fuch controver- fics and diffentions as aforefaid, touching the le- H 2 g'l^ity Il6 6 GEORGII II. CAP. 26. gality of voters, that the number of common- coiincihricn may be yearly eleded, and that the public bufinefs of the faid city may not be ob- ftru6ted : Be it enafted, &c. " Oaths to be tendered at eleflions in Nor- wich. Refufingto fwear, the vote or poll dif- allowed. One of the checks, &c. may go into the prifons to take the votes there. The oaths, I Geo. I. ft. 2. c. 13. to be taken by eledors, if required. Three common-councilmen for each great ward, to elefl the remaining number of comm.on-councilmen. Vacancies to be filled up in forty -eight hours after notice. None but Inhabitants to be chofen fherifFs. No aft valid, v/ithouc affent of the major part, &c. Mayors to nominate officers as cuflomar}^ Penalty on abfence from the quarterly affemblies." A. D. 1730. 7 &8 W. 3. 25. ANNO 6" GEORGII II. CAP. 23. An A(^ to ex-plain and amend an A51 mads in the '-jth and %th Tears of the Reign of King William the 'Third, intituled, " An A51 for the further regulating EleSiions of Members to Jerve in Parliament, and for the preventing irregular proceedings of Sheriffs and other Officers in the electing and returning fuch Members, fofar as the fame relates to the holding of County Courts. ' Whereas by an aa paired in the c. 7th and 8th years of the reign of king William the I 6 GEORcri II. CAP. 23. 117 the Third, intituled, An a6t tor the further re- gulating elections of members to lerve in par- liament, and for the preventing irregular pro- ceedings of ilieiilfs and other officers in the elecfting and returning fuch members, it was, amongft other things, enaded. That the flierifF of any county, upon the election to be made of any Icnight or knights of the fliire, fhould proceed to cledtion at the ne-iit county court, u'nlefs the fame fliould fall out to be held within fix days after the re- ceipt of the writ, or upon the fame day, and then fhould adjourn the faid court to fome convenient day, giving ten days notice of the time and place of eleftion ; and whereas by the fame aft it was alfo enafted, That all county courts held for the county of York, or any other count)' courts whicli were ufed to be held on a Monday, fhould from henceforth be called and begun on Wedncfdays -, and whereas there was no exprefs provifion to prevent the adjournment of any county court to a Monday, whereby doubts have arifen whether the fame might not be adjourned to a Monday, which is declared by die faid ad: to be a very in- convenient day to all the fuitors thereunto, which hath given occafion to county courts being fre- quently adjourned over to a Monday, to the great inconvenience of fuch fuitors, who, at elections for knights of the fhire, and their ftrvices at other times, are thereby obliged to travel on Sundays ; and whereas there is no provifion made by the faid aft with relation to not adjourn- ing county courts to a Friday or Saturday, which is as inconvenient to all fuitors as if the H 3 fame Il8 6 GEORCII II. CAP. 23. fame were adjourned to a Monday :' For remedy whereof be it therefore enaded by the king's moft excellent majefty, by and with the advice and confent of the lords fpiricual and temporal and commons in this prefent parliament afiem- bled, and by the authority of the fame, That After 24 June, from and after the twenty-fourth day of June, courl'bTS i733> no county court whatfoever held within Britain to be ad- ^^^^ j. of Qreat Britain called England, Ihallbe journed to a r O ' Mcnd3y, Friday, adjourncd to a Monday, a Friday, or Saturday, or Saturday. ' . . and that all and every fuch adjournment and ad- journments, and all and every aft and deed done or performed at fuch courts fo adjourned, fhall be Repealed by 18 dccmcd, adjudgcd, and taken to be utterly null fcd.ii.^" ' and void to all intents and purpofes whatfoever, any law, cuftom, or ufage to the contrary thereof in any wife notwithftanding. 2. Provided neverthelefs. That any county But county court begun, holden on, or adjourned to a day courts begun on i-i-ii i* n_ ir-i any other days, not prohibitcQ by this act, or the faid other re- ^dlo^thokr"^' cited a6t, for elefting any knight or knights of the fliire for any county, or for hearing and de- termining caufes, or fuch other matters and bufi- nefs as are ufually tranfafted at county courts Vv^ithin the limits aforefaid, may be adjourned over from day to day, though the fame may happen on a Monday, Friday, or Saturday, until fuch eledion, or fuch other matters as aforefaid, be fully finifhed and determined, any thing in this prefent act contained to the contrary in any wile notwith- ftanding. A. D. 1733. ANNO 8 CEORCII II. CAP. 30. 119 ANNO 8° GEORGII II. CAP. 30. Ai A51 for regulating the quartering of Scldicrs duriyig the Time of the Elections of Members to ferve in Parliament. W HEREAS by the ancient common law of this land, all elc6lions ought to be free ; and whereas by an aft pafled in the 3d year of the reign of king Edward the Eirft, of flimous ^^' memory, it is commanded upon great forfeiture^. that no man by force of arms, nor by malice, or menacing fiiaii diftiirb any to make free eleftion j and forafmuch as the freedom of eleftions of members to ferve in parliament is of the utmofl confequence to the prefervation of the rights and liberties of this kingdom ; and whereas it hath been the ufage and practice to caufe any regi- ment, troop, or company, or any number of foldiers which hath been quartered in any city, borough, town, or place, where any eleftion of members to ferve in parliament hath been ap- pointed to be made, to remove and continue out of the fame during the time of fuch elcdlion, ex- cept in fuch particular cafes as are herein-after fpecified :' To the end therefore that the faid ufage and pradice may be fettled and eftabliilied for the future ; be it enafted by the king's moft excel- lent majefty, by and with the advice and confenc of the lords fpiritual and temporal and commons in parliament afiembled, and by the authority of the fame, That when and as often as any , H 4 eledlion I20 ^ GEORGII II. CAP. 30. On notice of e- elcflion of any peer or peers to reprefent the peers menXr, the^fe- of Scotland in parliament, or of any member or orTe'ifon'aS members to lerve in parliament, fhall be ap- as luch, to fend pointed to bc made the fecretary at war for the pioper orders in a _ •' writing for re- time being, or in cafe there Ihali be no fecretaiy 3 miles from the at War, then fuch peifun who fhall oHiciate in piaceo ee ion. ^j^^ pjacc of the fecrctp.ry at war, fiiall, and is hereby required, at fome convenient time before the day appointed for fuch ele(5lion, to ifltie and fend form proper orders in writing for the removal of every fuch regiment, troop, or company, or , other number of foldiers as fliall be quartered or billetted in any fuch city, borough, town, or place, where fuch eleftion fnall be appointed to be made, out of every fuch city, borough, town, or place, one day at the lead before the day ap- pointed for fuch eleftion, to the diftance of two or more miles from fuch city, borough, town, or place, and not to make any nearer approach to fuch city, borough, town, or place as aforefaid, until one day at the leaft after the poll to be taken at fuch election fiiall be ended, and the poll- books clofed. 2. And be it further enaftcd by the authority aforefaid, That in cafe the fecretary at war fhall negleft or emit to ifTue or fend forth fuch orders as aforefaid; or if any perfon who fhall officiate jn the place of the fecretary at war, fiiall ncgledt or omiit to ifiue or fend forth fuch orders as afore- - ffiid, according to the true intent and meaning of this ad, and fhall be thereof lawfully convidted upon any indictment to be preferred at the next amzesj or fefiions of oyer and terminer to be held 8 GEORGII II. CAP. 30. 121 held for the county where fuch offence fhall be committed, or on an information to be exhibited in the court of king's bench within lix months after fuch offence committed, Rich fccretary at war, or perfon who fhall officiate in the place of the fccretary at war, fhall fcr fuch offence be dif- charged f om their faid refpeftive offices, and fliall from thenceforth bs utterly difabled, and P"..P'"*v^y "'' ' forh'itin^ his or- made incapable to hold any cffixe or employ- fi", &c. ment, civil or military, in his majefty's fervice. 3. Provided always, That nothing in this a6l contained, fhall extend or be confbrucd to extend Not to extend to to the city and liberty of Weflminfler, or the bo- ^^.^.^^l^T Z rough of Southwark, for and in refpeft of the rcriaence of the , . , *■ royaUamily, «c. guards of his majefty, his heirs, or fucceffors, nor to any city, borough, town, or place, where his majefty, his heirs or fucceffors, or any of his royal family fliall happen to be, or refide at the time of any fuch election as aforefaid, for or in refpeft of fuch number of troops or foldiers only as fhall be attendant as guards to his majefty, his heirs or fucceffors, or to fuch other perfon of the royal fam.ily as is aiorefaid, nor to any caflle, fort, or rortined place, Vv'here any garrilcn is uluaiiy p:accs, kept, for or in refpedt of fuch number of troops or foldiers only whereof fuch gariifon is ccm- pofcd. 4. Provided iikewife. That nothing in this afl contained, fhall extend, or be confli-ued to extend, to any officer or foldier who fhall have a right to q,. ^^ ^^^ ^^^ voc- at any fuch eledion as aforefaid, but that <:"^^^\^/^- '^a^- •' _ mg a right to vote eveiy fuch officer and foldier may freely and with- at fuch ckaion. put interruption attend and give his vote at fuch eled'ion ; ,122 9 GEORGiI II. CAP. jS. , cleclion ; any thing herein-before contained to the contrary thereof notwithftanding. l^r/'lTVol 5. Provided always, That the fecretary at war, riab'.e in cafe of ^j. jj^ ^,, f^. dierc Hiall be no fecretary at war, then Yacancy, unlcis •' notice of the fy^h pcrfon who fhall officiate in the place of the writ be given by ^ 1 • r the clerk of the fecrctary at war, fnall not be liable to any for- feiture or incapacity for not fending fuch order as aforefaid upon any ele6tion to be made of a mem- ber to fcrve in parliament on a vacancy of any feat there, unlefs notice of the m.aking out any new writ for fuch eleftion fliall be given to him by the clerk of the crown in chancery, or other officer maldng out any new writ for fuch ele£tion, which writ he is hereby diredled and required to give with all convenient fpeed after making out the faid writ. A.D. 1735. ANNO 9" GEORGII II. CAP. 38. /h Aof to explain and amend Jo much of an Act made in the id Tear of his frejent Majejlfs Reign J intituled. An A5i for the more effectual freventiiig Bribery and Corruption in the Ele^ions of Members to ferve in Parliament y as relates to the commencing and carrying on of Profecuiions grounded upon the faid A^. VVHEKEASby an a6t of parliament 2GC0. 2.C.2.:. made in the 2d year of the reign of his prefent maicfly^ intituled. An acl for the more effedual preventing bribery and corruption in the cledion of 9 CEORCII II. CAP. 38. 123 of members to kvve in parliament, it is enacted, That no peifon iliall be made liable to any inca- pacity, difability, forfeiture, or penalty, by the faid aft laid or impcfed, unlcfs profecution be commenced -within two years after fuch incapa- city, difability, forfeiture, or penalty, fhail be incurred, or in cafe of a profecution, tlie fame be carried on without wilful delay ; and whereas profecutions may have been, or m^ay be com- menced againft perfons offending againft the faid att, by fuing out original or other writs or pro- ceffes againft fuch perfons {o offending within two years after the incurring any incapacity, difubility, forfeiture, or penalty, laid or impofcd by the faid aft, and perlons fo fuing out fuch original or other writs or proccffes, may have delayed, or may delay to ferve the famx, witliout giving the perfons againft whom fuch original or other writs or proceifes may have been or may be fued our, ■any notice thereof, by reafon of which praftice the faid provifion for limiting the time for the profecution of perfons offending againft the faid aft is or may be evaded: Now, for explaining and amending the faid provifion, be it enafted by the king's moft excellent majcft}', by and with the advice and confent of the lords fpiritual and tem.poral and commons in diis piefent par- liament affembled, and by tlie authority of the fame. That no perfon ftiall be made liable to any incapacity, difability, forfeiture, or penalty, by the faid aft laid or impufcd, uniefs fuch per- fon has been, or fiiall be, aftually and It-gally jirrefted, ftimmoned, or other wife ferved with any L24 II CEORGII II. CAP. 24. any fuch- original or other writ or procefs, within No pevfon liable the fp^ce of two years after any offence againft by S mS, the faid ad has been, or fhall be connmitted, fo ur.iefs peifonaiiy ^j^^ fervicc of anv fuch oriGfinal or other writ fcrved with the J '-> procefs in two qj. pfoccfs hath not bccn, or fliall not be pre- yeari after the ^ _ , . • 1 1 ha. vented by fuch perfon abfconding or withdraw- ing out of this kingdom. A. D. 1736. ANNO 11" GEORGII II. CAP. 24. Jn A51 to Amend an A51 pajfed in the i ith and \2tk Tears of the Reign of King William the Third, intituled, " An A5i for preventing any Inconveniences that may happen hy Privilege of Parliament.^' Whereas for the preventing all de- lays the king or his fubjeds may receive in any of his courts of law or equity, and for their eafe in the recovery of their rights and titles to any lands, tenements, or hereditaments, and theii- debts or other dues, for which they have caufe of fuit or aftion, an a61: was made in the 1 2th and 13th years of the reign of king William the 12 & 13 w. 3. Third, intituled, " An a£t for preventing any in- conveniences that may happen by privilege of parliament," whereby, neverthelefs, the privilege of parliament is retrained only in aftions or fuits commenced or profecuted in the courts, and for the caufes therein particularly mentioned ; and whereas great inconveniences may happen to his c. 3 II GEOIIGII II. CAP. 24. 125 his majefty, and his fubjcdls, with refpctt to their rights and titles of lands, tenennents, or heredita- ments, and their debts or other dues for which they have caufe of fuit or aftion, if the privilege of parliament be not rcftrainedupon adlions or fiiits commenced or profecuted in other courts within Great Britain and Ireland : For remedy thereof be it enafted, by the king's moft excellent ma- jefty, by and with the advice and confent of the lords fpiritual and tcm.poral and commons in this prefent parliament aflfembltd, and by the authority of the fame. That from and after the firft day of June, 1738, any perfon and perfons Peifonsmaypro- 1 /- fecutc adlions a- ihall and may commence and profecute in Great gainft members -P, . . Til fi • r ' • of parliament in Britain or Ireland any action or luit in any court the intervals of of record, or court of equity, or of admiralty, ^^^'°"^' and in all caufes matrimonial and teftamentary, in any court having cognizance of caufes matrimo- nial and teftamentary, againfl: any peer, or lord of parliament of Great Britain, or againft any of the knights, citizens, and burgelTes of the houfe of comimons of Great Britain for the time being, or againft their or any of their menial or other fervants, or any other perfon entitled to the pri- vilege of the parliament of Great Britain, at any time from and im.mediately after the dilfolution or prorogation of any parliament, until a new parliament fhall meet, or the fame be re-aflem- bled, and from and immediately after any ad- journment of both houfes of parliament for above the fpace of fourteen days, until both houfes Ihall meet or re-afTemble, and that the faid rcfpedtive courts, fhall and may after fuch diffjlurion, pro- rogation, 126 II GEORGII II. CAP. 24, rogation, or adjournment as aforefaid, proceed to give judgement, and to make final orders, de- crees, and fentences, and award execution there- upon, any privilege of parliament to the con- trary notwithftanding. Members not n- ^^ Provided neverthelefs. That this ad Hiall able to be a.- ' lofted durins j^Qt extend to fubjecl the perfon of any of die privilege. . • i 1 r knights, citizens, and burgefles of the houfc of commons of Great Britain, or any other perfon entitled to the privilege of parliament, to be arrefted during the time of privilege, ne- The courts of yerthelefs, it lliall and may be lawful to and Wales, ai»d fef- for gny of thc courts of great fefTions in Wales, fi-jns in Counties . . palatine to pro- courts of fcfTion, in the counties palatine of Members', as the Cheftcr, Lancallcr, and Durham, courts of mi'nfterr^^^^" king's btnch, common pleas, and exchequer in Ireland, after any diffolution, prorogation, or fuch adjournmient as aforefaid, or before any fcffion of parliament, or meeting of both houfes as aforefaid, to have and ufe fuch and the like methods of proceeding, and to iffue fuch and the like proccfs againft any fuch peer, or lord of par- liament, or againft any of the faid knights, citi- zens, and burgeiies, or other pcrfons entitled to the privilege of the parliament of Great Britain^ as the courts of king's bench, common pleas, and exchequer in England, arc by tlie faid re- cited a6t impowered and direfted to ufc and iffue refpeclively \ and that it (liali and may be lawful to and for the court of chancery of Ireland, and the court of equity of the exchequer there, to have and ufc fuch and the like methods of pro- ceeding, and to ilTue fuch and the like procefs within II GEORGir ir. CAP. 24. iiy within the times and againfl the perfons aforefaid, as the high coiiit of chancery of Great Britain, and the court of exchequer in England, are by the faid recited a6l refpeftively directed and im- povvered to ufe and illue ; and that it fhall and mav be lawful to and for any of the other courts herein- before defcribed, the procefs whereof is not particularly dire6led by die faid recited aft, or by this ad, after any diflblution, prorogation, or fuch ajournment as aforefiid, or before any fefllon of parliament, or meeting of both houfes as aforefaid, to idue fuch and the like procefs againil any fuch peer, or lord of parliament, or againft any of the faid knights, citizens, or bur- geffes, or other perfon entitled to the privilege of parliament, as fuch courts may now lawfully ilTue againil perfons not liable to be arreJled or imprilbned. 3. And be it enabled by the authority afore- Piaintift-; not ■ . barred or ndn- faid. That where any plaintirF fhall, by rea- fuiied, fon or occafion of privilege of parliament, be ftayed or prevented from profecuting any fuit by him commenced, fuch plaintiff fhall not be bound by any ftatute of limitation, or nonfuited, dif- miffed, nor his fuit difcontinued for want of pro- fecution of the fuit by him begun, but fliall, from time to time, upon the rifing of the par- liament, beat liberty to proceed to judgement and execution. 4. And it is hereby enacletl. That no aflion, fuit, procefs, order, judgement, decree, or pro- ^^^ ^^^^^f,. ^^ ceedins; in law or equity, aQ;ainft the kind's ori- g^'"'* '^e Jiing^ O i J ^ •r\ • • as frcrliolderonot ing a county 01 itielr in that part 01 Ureat pntain having an eftate called England, and that if any perfon fliall vote eTaiorfubfS for the eleftionofany fuch member as a freeholder, ^" ,'''^ p^."'''^'" •' and torrcitures not having fuch an cftate for one year before the ordained by 10 fanie cleftion, and fo charged or afTefled as in the faid afts or one of them is defcribed, ex- cept in cafes therein excepted, every fuch perfon fhall be fubjeft to the like penalties and forfeitures, as are by the faid aft, made in the loth year of the reign of queen Anne, impofed on perfons voting J" ^""^Geo^'z! for knights of fliires, not having the qualifica- <=• ^2- rions thereby required. a. d. 1740. ANNO 15'' GEORGII II. CAP. IJ. S. 8. Ayt A^ for eJiabUJJjing an Agreement ivith the Go- vernor and Company of the Bank of England^ for advancing the Sum of One Mllikn Six Hundred 'Thoufand Pounds^ towards the Supply for the Ser- vice of the Tear 1742. 8. /\ND it is hereby further enafted by the audiority aforefaid;, That no perfon in refpeft I 3 of Iit)> 134 15 GEORGII II. CAP. 22. of his being governor, deputy governor, direc- tpr, manager, or member of the laid company, or for having any flock or fhare therein, or for any matter or thing to be by him done or per- Th» being go- ^o^med in the affairs of the faid corporation, vernor, drc. of (]^g^j| ^g j^Q^y qj- at anv time hereafter difabicd from the bank, to _ _ _ ^ e no dii'abi- being or continuing, or from being eleded or ferving as a member of parliament, or be liable or fubjed to any perralty, forfeiture, or difability p.efciibed by any other a(ft or afts of parliament, for not qualifying himfeif to execute his truilwith refpect to the affairs of the faid corporation, as pei-fons who Ihall take or execute any office or place of profit or truft, are fubjeft and liable un- to by any law now in force, or be adjudged lia- ble to be a bankrupt, within the intent or m.ean- ing of all or any the ftatutes made againft or concerning bankrupts j any law, ftatute, or pro- vinon to the contrary thereof in any wife notwith- flanding. A. D. 1742. ANNO 15 GEORCII II. CAP. 22. An Acl to exclude certain Officers from being Alem- lers of the Houfe of Commons. -T OR f.irther limiting or reducing the number of officers capable of fitting in the houfe of commons, be it enaCled by the king's moft excellent majefty, by and with the advice and confent t)f the lords fpiritual and temporal and pommons in this prefent parliament alTembled, and 15 CEORGII ir. CAP. 22. 135 and by the authority of the fame. That from and after the diflblution, or other determination of this prefent parliament, no perfon who fhall be commifTioners of the revenue in Ireland, . or corn- miffioner of the navy or viAualling offices, nor any deputies or clerks in any of the faid offices, or in any of the feveral offices following -, that is to fay, the office of lord high treafurer, or the commiffioners of the treafuiy, or of the auditor of the receipt of his majcfly's exchequer, or of the tellers of the exchequer, or of the chancellor of the exchequer, or of the lord high admiral, or the commiffioners of the admiralty, or of the paymafters of the army or of the navy, or of his majefty's principalfccretariesof Rate, or of the commiffioners of the fait, orof the commiffioners Dcfcription of •* omceis not aa« of the ftamps, or of the commiffioners of ap- '"'"ed to fit io - . . parliament. peals, or of the commiffioners of wine licences, or of the commiffioners of hackney coaches, or of the commiffioners of hawkers and pedlars, nor any perfons having any office, civil or mih- tary, within the ifland of Minorca or in Gibraltar, other than officers having commiffions in any regiment there only, ffiall be capable of being elefted, or of fitting or voting as a member of the houfe of commons in any parliament which fliall be hereafcer fummoned and holden. 2. And be it further enacted, by the authority aforefaid, That if any perfon hereby difabled or declared to be incapable to fit or vote in any parliament hereafter to be holden, ffiall never- thelefs be returned as a member to ferve for any county, ftewartry, city, borough, town, cinque I 4 port. 13^ 15 GJEORGII ir. CAP. 22. port, or place, in parliament, fucli eleftion and i^eSlbcrs°^dJ''' return are hereby enaded and declared to be void Glared void. p all intents and purpofes whatfoever ; and if any perfon difabled and declared incapable by this ad to be elected, fhall after the dilTclution, or other deternnination of this prefent parliament, prefume to fit or vote as a member of the houfe of commons in any parliament to be hereafter fummoned, fuch perfon fo fitting or voting, fhall forfeit the fum of twenty pounds for every day in which he fhall fit or vote in the faid houfe of com- mons, to fuch perfon or perfons who fhall fue for the fame in any of his majefty's courts at Weft- minfter, and the money fo forfeited fliall be re- penaity on per- covercd by the peifons fo fuing, v/ith full cofts of vod]is,'"af"?er°'^ ^^^^» i" ^^Y of the faid courts, by adion of debt, d^abied by this j^-j|^ plaint, or information, in which no efToin, privilege, protedlion, or wager of law, fhall be allowed, and only one imparlance, and fhall from thenceforth be incapable of taking, holding, or enjoying any ofHce of honour or profit under his majefty, his heirs or fucceflbrs. Provifo. 3' Provided always, and it is hereby cnaded and declared by the authority, aforefaid. That nothing in this a6t fhall cxten(i or be conftrued to extend or relate to, or exclude the treafurer or comptroller of the navy, the fecretaries of the treafury, the fecretary to the chancellor of the exchequer, or fecretaries of the admiralty, the under fecretary to ^ny of his majefly's principal fecretaries of ftate, or the deputy paymafler of the army, or to exclude any perfon having or holding any ofhce or employment for hfc, or for fo l8 GEORGII II. CAP. 18. 137 fo long as he fliall behave himfclf well in his office ; any thing herein contained to the con- trary notwithilanding. A. D. I74'2, AN'NO 18° GEORGII II. CAP. iB. An A^ to explain and amend the Laws touching the EleBions of Knights of the Shire toj'erve in Par- liament for that Fart of Great Britain called "England, ' Whereas feveral delays and in- conveniencies have arifcn in elections of knights of fliires to fcrve in parliament, to i\\z great trouble and expence of the candidates and eledors :' For rennedy thereof, be itenaded, by the king's mod excellent majefty, by and with die advice and confent of the lords fpiritual and tem- poral and pommons in this prefent pailiamcnt: af- femblcd, and by th^ authority of the fame, Hiat from and after the tv/enty-fourth day of June, 1 745, upon every election to be made within tliat p:iit ,cf Great Britain called England, or dominion of Wales, of any knight or knights of the fnire tof^i vc in parliament, every freeholder inllead of the o.vdi or affirjnation prefcribed to be taken, by An act of parliamenjt made in the loth year of the reign of inftc^^d or th her late majefty queen Anne, intituk-d, an acft for the more efFe6bual preventing frauduk-nt con- veyances in order to multipiy votes for elcfting knights oach by lo An- nx., c. 2 \, wn- •■tner is u;),\i'iiu- cd tor frcc- I3S l8 CEORGII II. CAP. 18. knights of fhires to fcrve in parliament, before he is admitted to poll at the faid eledion, Ihall (if required by the candidates or any of them, or any other perfon having a right to vote at the faid election) firft take the oath (or being one of the people called ^akers^ the folemn affirmation) following, videlicet. The oath. ' You fhall fwcar (or being one of the people called ^uakersy you fhall folemnly affirm) that you are a freeholder in the county of and have a freehold efiate, confiding of (fpecifying the nature ef fuch freehold efiate, whether meffuage, land, rent, tythe, or what eife; and if fuch f eehold eftate confifts in meffuages, lands, or tythes, then fpecifying in whofe occu- pation the fame are -, and if in rent, then fpeci- fying the nam^es of the owners or poiTefibrs of the lands or tenements, out of which fuch rent is iffuing, or of feme or one of them) lying or be- ing at in the county of of the clear yearly value of forty fhiilings over and above a]l rents and charges payable out of, or in refpe6t of the fame ; and that you have been in the aftual pofieffion or receipt of the rents and pro- fits thereof, for your own ufe, above twelve kalen- dar months, or that the fame came to you within the time aforefaid, by defcent, marriage, mar- riage fettlem.ent, devife, oj- promotion to a bene- fice in a church, or by promotion to an office ; and that fuch a freehold eftate has not been granted or made to you fraudulently on purpofe to qua- lify you to give your vote ; and that the place of your abode is at in and l8 GEORGII II. CAP. l8. 139 ;:ind that you are tv/enty-cne years of age as you believe, and that you have nut been polled before at this ele 61 ion.' Whicii oath (or folemn affirmation) the fiierilT ^v '''^'••" ^^ ^ by himfelf, his under- fliei iff, or fuch fwoin cieik or clerks, as fhall be by him appointed for the taking of the poll, is hereby required to adnii- nifter ; and in cafe any freeholder or other perfon taking the faid oath or affirmation hereby ap- pointed, fliall thereby commit wilful pcijury and be thereof convided ; and if any pei fon do un- lawfully or corruptly procure, or fuborn any free- holder or other perlon, to take the faid oath or affirmation in order to be polled, whereby he fhall commit fuch wilful peijury, and fhall be thereof convicfled -, he and they for every fuch offence, fhall incur fuch pains and penalties, as penalty of per- are in and by two a6ls of parliament, the one Son'^/the'Va-ne made in the cth year of the reio;n of the late ^' ^l^ ^f}'''' '"• •'J o 9. & 2 Geo. 2. queen Elizabeth, intituled, an a6l for punifhing <=. 25- fuch perfons ar; Hiall procure or commit v/ilfui perjuiy, or fuborn or procure any perfon to com- mit any wilful or corrupt perjury, the other made in the 2d year of his prefent majedy, intituled, an acl for the more effedlual preventing and fur- ther punifhment of forgery, perjury, and fubor- nation of perjury, and to make it felony to ileal bonds, notes, or other fecurities for payment of money, contrary to the faid ads. 2. * And whereas by the fad ad made in the I oih year of the reign of her late majeily queen Anne, It is enadted as follows : videlicet. That from and after the firft day of May, which was in the year 171 2, no perfon fliall vote 2 for 1. t. 5. 140 l'<^ GEORCn II. CAP. 18. ciaufcs repMVd f^j- the elcdioH of any knight of a fliire within that ot^io .^nna., c. ^^^^ ^^ ^^^^^ Britain called England, in refpedl or in rir^ht of any lands or tenements which have not been charged or ailefled to the public taxes, church rates, and parifh duties in fuch proportion as other lands or tenements of forty fhillings per an- num within the fame pariili or townfliip v/hcrc- in the fame fhail lie or be, are ufually charged j Kv.i 12 Anns, and whereas by an act of parliament made in the 1 2th year of the reign of her faid late majefcy queen Anne, for explaining the faid recited claufe, it is enacted, That the faid act, or any thing there- in contained, fhall not extend or be conftrued to refcrain any perfon from voting in fuch eledlion of any knight of a fnire within that part of Great Britain called EnQ;land, in rcfoeft or in risht of any rents, tythes, or other incoiporeal inheri- tances, or any melHiages or lands in any extra- parochial places, or any chambers in the inns of court or inns of chancery, or any mxefiuages or feats belonging to any offices, in regard or by reafon that the fame have not been ufjally charged or afielled to all or any the public taxes, church rates, and parifh duties as mentioned in the above recited ad, or in refped or right of any other mefluages or lands not herein-bcfore fpccilicd in regard or by reafon that the fame have not bcc n ufually charged or affeiTed to all and evcjy the public taxes, cluirch rates, and parilli duties aforefaid j provided that fuch mefl'uages or lands have ufually been charged or affefied to fome one or more of the faid public taxes, rates, or dudes, in fuch prcpjTtion as otJitr mcffuagcs or lands of forty l8 GEORGII II. CAP. l3. 141 fxirty fliillings per cumum in the fume townfliip or ]\irilli where the fame fliall lie or be, are ufually charged to the fame :' Beit enaftedby the autho- in part reptaiei. rity atoreiaid, IMiat lb much of the laid recited ait as difables any peilbn to vote for knights of ihiies in refpeft or in right of any lands or tenements which have not been charged or aiTeffed as therein mentioned, fliall from and after the laid twenty- fourth day of June, be and is hereby repealed. 3. Provided always, that from and after tlie Qui'ification of faid twenty-fourth day of June, no perfon fliall vote for the eledling of a knight or knights of the fliire to ferve in parliament,, within that part of Great Britain called England, or the principality of Wales, in refpecl or in right of any meflliages, lands, or tenements, which have not been charged or afleired towards fome aid granted, or hereafter to be granted to his majefty, his heirs or fuccef- Ibrs, by a land tax in Great Britain, twelve kalen- dar mondis next before fuch eleftion. 4. Provided alfo. That this ait, or any Exception for thing therein contained, fliall not extend, or be chSe'i"V«f- conftrued to extend to rellrain any perfon from voting in any fuch election of any knight or knights of a fliire within that part of Great Bri- tain called England, or the principality of Wales, in refpeft or in right of any rents or any chambers in the inns of court or inns of chancery, or any melTuages or feats belonging to any offices, in re- gard or by reafon that the fame Iiave not been ufually charged or alTeffed to the aid commonly called the land tax ; and that die acling coni- jniirioners of the land tax for the tiuy.- being, or any licei 142 l8 GEORGII II. CAP. l8. any three or more of them, at their meetings for the refpeftive divifions, fhaii iign and feal one orher duplicate of the copies of the refpeclive af- feiTments, to be delivered to them by the feveral afieiTors after all appeals determined, and the fame to deliver, or caufe to be delivered, to the clerks of the peace for their refpective counties, to be by them kept amongit the records of the Duplicates of the fffiions, to which all perfons mav refort at allfea- land tax aiTefi- ' _ _ ^ aienrs to be kept Ibnabic timcs and infpe61: the fame, paying fix- cords of the {d- pence for fuch infpeclion ; and the faid clerks of "'■^' the peace or their deputies, are hereby required forthwith to give copies of the faid duplicates or any part thereof, to any fuch perfon or perfons Tobeinfpefted, who fhall rcQuirc the fame, payino; af:er the rate or copies taicen. ^ ' r J o of fix-pence for every three hundred words, and fo in proportion for any greater or lefTer number. C. And be it further enadVed by the authority Further qna'ifi- aforcfiid, That from and after the faid twenty- tors. fourth day of June, 1745, no perlon fliall vote in any fuch eleftion without having a fieehold eftatc in the county for which he vote?, of the clear 3'early value of forty fhillings over r.nd above all rents and charges payable out of or in refpect of the fame, or without having been in the aflual poiTefiion, or in the receipt of the rents and pro- fits thereof for his ov*rn ufe above twelve kalendar months, unlcfs the fame cami^ to him within the time aforefaid, by defcent, marriage, marriage fettlement, devife, or promotion to any benefice in a church, or by promotion to an cfrjce, or Hiall vote in refpesfc or in right of any freehold eftate which was made or granted to him fraudu- lently, l8 GEORCII II. CAP. l8. 143 lently, on purpofc to qualify him to give his vote, or Ihall vote more than once at the lame eledlion, and if any perfon ihall vote in any fuch cle(ftion contrary to the true intent and meaning hereot, he fhall forfeit to any candidate to whom fuch vote lliall not have been given, and who fhall firfl: fue for the fame, the fum of forty pounds to be Penalty ef 40I. recovered by him or them, his or their executors or adminiftrators together with full cofts of fuit, by aclion of debt in any of his majefhy's courts of record at Wcfbrninfter, wherein no eflbin, pro- teftion, wager of law, privilege, or imparlance fhall be admitted or allowed ; and in every fuch adlion the proof fhall lie on fuch perfon againft whom the fame was brought, unlefs the fa6t on which fuch aftion is grounded, be the having polled more than once at the fcUiie eledtion. 6. And be it declared by the authority afore- no puWic tax to faid. That no public or parhamentary tax, county, cLrgcml freV- church, or parifh rate, or duty, or any other ^'"''^" tax, rate, or aflelTment whatfoever, to be alTefTed or levied upon any county, divifion, rape, lathe, wapentake, ward, or hundred, is or fnall be deemed or confciued to be any charge payable out of or in refpedt of any freehold eftate within the meaning and intention of this aft, or of the oath or folemn affirmation herein-before dire6led to be admini Tiered to, and taken by, every free- holder if required as aforefaid. 7. And be it further enacted by the authority aforefaid, That from and after the faid t\vency- fourth day of June, 1745, at every fuch eleftion within that part of Great Britain called England, and 144 i8 GEORGir rr. cap. i8. Booths to be «re£tcd at th: expencB o: the candidate:* , pmnortioned to t'^p hundreds, Arc. and not ex- ceeding 15. TheftierlfF to ap- point a clerk at eacli booth fur polling at the candidates' ex- peacc. L'll of towns, ic. for each bi>'^th, ofwhxh cpiestobcgivea at zs each. and dominion of Wales, the iherifF, or in his ab- fence, the under llieriff, or fiich as he fhali depute^ fhall appoint, make or eredl, or caufe to be ap- pointed, made, or erecled, at the expence of the candidates, fuch number of convenient booths or places for taking the poll as the candidates or any of them fhall three days at lead before the com- mencement of the poll defire, fo as the fame do not exceed the number of rapes, lathes, wa- pentakes, . wards, or hundreds within the faid county, and not exceeding in the whole the num- ber of fifteen ; and fhall affix, or caufe to be affixed on the moft public part of each of the faid booths or polling places the name or names of the rape, wapentake, lathe, ward, or hundred, or rapes, wapentakes, lathes, wards, or hundreds, for which fuch booth or polling place is allotted or defigned ; and the faid fherifF, under fherifF, or fuch perfon as he fhall depute, fliall appoint a proper clerk or clerks at each of die faid booths or polling places to take the poll (which faid clerk or clerks fliall be at the expence of the can- didates, and be paid not exceeding one guinea per day each clerk), and the faid fherifF or under Iheritf fhall alfo make out a lift for each of the faid booths or polling places refpeftively, of all the feveral towns, villages, parifhes, and hamlets, lying or being Vv^hoUy or in part in the rape, wa- pentake, lathe, ward, or hundred, or in the fe- veral rapes, wapentakes, lathes, wards, or hun- dred, for which fuch booth or polling place is al- lotted or dcfigncd ; and fhall, upon requeft made, deliver a true copy diereof to any of the candi- 3 dates. iB GEORCII II. CAP. l8. 145 dates, or their agents, who fhall defire the fame, taking for each of the faid copies the funi of two fliilhngs and no more. 8. And be it further ena6ted by the autiio- rity aforefaid. That no IherlfF, iinder-flieriiT, or I'^Ullt clerk, appointed to take the poll at any of the laud by the ua. faid booths or polling places, fhall admit any per- Ibn to vote for any lands, tenements, or other freehold eftate, fworn by the faid oath to be lying and being at fome parifh, town, or place, or parifhes, tov/ns, or places, which parifh, town, or place, or pariflies, towns, or places, or any of them, or any part of them, is not or are not mentioned in the lift fo made out for fuch booths or polling places as aforefaid, iinlefs fuch Exception. lands, tenements, or eftate lie or be in fome town, liberty, or place not mentioned in any of the lifts fo made out for all the faid booths or polling places as aforefaid. 9. And be it further ena6led by the autho- rity aforefaid. That the fherifF, or in his abfence the under-fheriff, or fuch as he fhall depute, fnall at every fuch eleftion allow a cheque book a cheque book •' , ' for cvt-ry poll for every poll book for each candidate, to be book allowed kept by their refpedive infpcftors at every place where the poll for fuch eleAion Ihali be taken or carried on. 10. * And whereas by an acfl made in the 7th and 8th years of the reign of king William 7 & s w. 3, the Third, intituled, An act for further regulat- ing eledlions of members to ferve in parliament, and fjr the preventing irregular proceedings of flicriffj and other officers in the eledting aird re- K turning l^ 18 GEORGII II. CAP. I 8. turning fuch members, it is enabled, That upon every ele(5tion to be made of any knight or knights of the fhire, the fheriff of the county where fuch eleftion fhail be made, (hall proceed to eledion at the next county court, unlefs the fame fall out to be held within fix days after the receipt of the writ, or upon the fame day, and then fhall adjourn the fame court to fome con- venient day, giving ten days notice of the time and place of eledtion ; And whereas fheriffs have frequently in fuch cafes, where the county court fell out to be held within fix days after the receipt of the writ, or upon the fame day, made long ad- journments of the fame in order to delay proceed- ing to election :' For remedy thereof for the future, be it ena6led by the authority aforefaid, ^ That from and after the faid twenty-fourth day of June, no fheriff fhall in fuch cafe take upon him- fclf to adjourn fuch court for longer than fixteen No flieriff to ad- J . , ^ journ a county Qays, any law, ulage, or cultom, to the con- ^^"^f' trary notwithftanding. II. * And whereas by an a€t made in the ciaufeofeceo. 6th year of the reign of his prefent majeft}^, in- pctiicd. tituled, An a6l to explain and amend an axft made in the yth and 8th years of the reign of king William th.'^ third, intituled, An aft for the fur- ther regulating eleftions of members to ferve in parliament, and for the preventing irregular pro- ceedings of fheriffs, and other officers, in the eiefting and returning fuch members, fo far as the fame relates to holding of county courts, it is, among other things, cnafted. That no county court whatfoevcr held within that part of Great Britain l8 CEORGII 11. CAP. l8. I^y Britain called England, fliall be adjourned to a Monday, a Friday, or Saturday j and that all and every fuch adjournment and adjournments, and all and every aft and deed done or performed at fuch courts fo adjourned, fhall be deemed, ad- judged, and taken to be utterly null and void to all intents and purpofeswhatfoever; and whereas the fame hath been found inconvenient:' Beit therefore enafted by the authority aforefaid, That from and after the faid twenty-fourth day of June, fo much of the faid a6t, as is hcrein-before re- cited, fliall be, and is hereby repealed. 1 2. And be it further enafted by the autho- rity aforefiid. That in cafe any fuch llieriff or under-flierifr, who fliall prefide at any ele6lion of any fuch knight or knights of the fliire within that part of Great Britain called England, or the do- minion of Wales, fhall wilfully offend againfl or a(5t contrary to the true intent and meaning of this a6b, every fuch fheriff or under-fheriff fhall shcnff, &c. of- be liable to be profecuted by information or in- p'ioJecJted.* '"' diflment in his majeRy's court of king's bench at Weftminfter, or in the courts of great feffions in the principality of Wales, or at the fedions held for the counties palatine of Chefter, L;ancafter, and Durham, or at die afilzes for the county, city, town, or place vvhere fuch offence fnall be com- n„ //./,• /,„/-,^„,-, mitted, in which no NoH prcfeqidy or CclTet procerus, "'' p#'/"»'f/7"^ ' ' - •' -(^ -i^ u/ ' to be gtanteu. fliall be granted 3 any law, cuilom, or ufage to the contrary thereof, in any wife notwithftanding. 1 3. And be it further enafted by the autho- rity aforefaid. That it fliall and may be fuffici- Ths manner o cnt for the plaintiff in any aftion of debt given SrS" offence j^ A U^ againft this aft. I4S l8 CEORCII II. CAP. 18. by this ad, to ftt forth in the declaration or bill that the defendant is indebted to him in the funi of and to alledge tlie particular offence for which the adion or fuit is brought, and tha» the defendant hath adled contrary to this ad, without mentioning the writ of fummons to par- liament, or the return thereof; and it fliall be fufficient in any indidment or information for any offence committed contrary to this ad, to alledge the pardcular offence charged upon the defen- dant; and that the defendant is guilty there- of, without mentioning the writ of fummons to parhament, or the return thereof; and upon trial of any iliue in fuch adion, fuit, indidtment, or inform.ation, the plaintiff, profecutor, or in- former, fliall not be obliged to prove the writ of fummons to parliament, or the return thereof, or any warrant or authority to the fhcriff, grounded upon any fuch writ of fummons. Limitations of 1 4. Providcd always, That every adion, fuit, indidment, or information given by this adt, fhall be commenced within the fpace of nine kalendar months, after the fad upon which the fame is grounded fliall have been committed. 15. And be it further enaded by the authority Statutes of jeo- aforcfaid. That all the flatutes of jeofails and fail^, &c. IX.- -^ tended to pro- amcndmcttts of law whatfoever, fliall and may ceeding'- on this , n 1 1 11 i- • aft. be conitrued to extend to all proceedings in any adion, fuit, indidlment, or information given or allowed by this ad, or which fhall be brought in purfuance thereof 16. Provided always, and be it further enaded by the authority aforcfaid. That in cafe the plain- tiff 19 GEORCri II. CAP. dS. 149 tifl' or informer in any ai5lion, fuit, indiiTimcnt, or information given by this aft, Ihall difcon- tinue the faaieor be nonfiiitcd, or judgement be otiierwife given againil him ; then, and in any of the faid cales the defendant againil: whom fuch TreH* c-fti, adion, hiir, or information Ihall have been brought, Iluill recover his treble coils. A. D. 1745. ANNO 19° GEORGII II. CAP. 2S. An A51 for the better regulating of Elections of Me?n- hers to ferve in Parliament for fuch Cities and Tozvns, in that Part of Great Britain called England y as are Counties of tbemf elves. ^ Whereas by an aft made and pafled in the lall feilion ofparhamenr, intituled, isoco.^.cis. An aft to explain and amend the laws touching the eleftions of knights of the Ihire to ferve in parliament for that part of Great Britain called England, fevenij good provifions were enafted for the better ix-gulating the laid eleftions ; and whereas it is reafonable, that like provifions fliould be made for the due eleftion of mem- bers to icrve in parliament for fuch cities and towns in that part of Gieat Britain c;\lled En- gland as are counties of themlelves, and in which pcrfons have a right to vote tor elefting kich members for and in refpeft of freehokl lands, tene- ments, or hereditaments, of die yearly value ot forty Ihillings:' Therefore, be it enaft'cd by the K 3 king's I^O 19 GEORGII II. CAP. 28. king's moft excellent majefly, by and with the advice and confent of the lords ipiiitual and tem- poral and commons in this prcfent parliament af- fembled, and by the authority of the fame. That from and after the twenty-fourth day of June, Peifons demand- I J 4.6, cverv pcifon, demanding to vote for the dfn affirmation) following, viz. The oath. c You Ihall fwcar (or being a ^{aker, you fhall folemnly affirm), That you have a freehold eflate, confifting of (fpecifying the nature of fuch free- hold eftate, whether melTuage, land, rent, tythe, or what elfe ; and if fuch freehold eftate confifts in meftuages, lands, or tythes, then fpecifying in whofe occupation the fame are ; and if rent, then fpecifying the names of the owners, or pofleiTors of the lands or tenements, out of which fuch rent is ifluing, or fome or one of them), lying or being in the city and county, or town and county (as the cafe may be ) of of the clear yearly value effort)' ftiillings over and above all rents and char;^es payable out of, or in refpeft of the fame; and that you have been in the adlual pofteffion or receipt of the rents and profits thereof for your own ufe, above twelve kalendar months; or that the fame came to you within the time aforefaid by defcent, marriage. 19 cEORCii II. CAP. 0.3, 15* marriage, marriage, fettlement, devife or promo- tion to a bencnce in a church, or by promotion to an office j and that fuch freehold eftate has not been granted or made to you fraudulently on pur- pofe to qualify you to give your vote j and that the place of your abode is at in and that you are twent)'-onc years of age, as you believe, and that you have not been polled before at this eleftion.' Which oath (or folemn affirmation) the fheriff The oath, &C. ^ . , .by whom to be or fheriffs, by him or thcmfelves, or his or their adminiaered. under-fheriff or under-jQicriffs, or fuch fworn clerk or clerks as fhall be by him or them ap-r pointed for the taking of the poll is and are here- by required to adminifterj and in cafe any free- holder or other perfon, taking the faid oath or aHirniaiion hereby appointed, fliall thereby com- mit wilful perjury, and be thereof convifled ; wiifui perjury, !•/• r ^ irn J 1 and faboniation and it any perlon do unlawruily and corruptly to be pumfhed as procure or Inborn any freeholder or other perfon ^^' to take the faid oath or affirmation in order to be polled;, y/hereby he ffiall commit fuch wilful per- . , jury and ffiall be thereof conviifled, he and they for every fuch offence fiiall in^iur fych pains and penalties as are in and by two ads of paihament, (the one made in the 5th year of the reign of the 5 eiIz. c. 9. late queen Elizabeth, intituled. An act for pu- niffiment of fuch perfons as ffiall procure or ccm- jnit Vvilful perjury ; the other made in the 2d ^"^ ^ ^'^^' ** year of the reign of his prefent Majcliy, intituled, An aft for the more cffeftual preventing and further puniffiment of forgery, perjury, fuborna- tion of perjury, and to make it felony to (leal K 4 bondsj^ 152 ^9 GEORGII 11. CAP. 1^. bonds, notes, and other fecurities for payment of money ;) diredled to be infiidied for offences com- mitted contrary to the faid afls. ioAnna!,c. 23. 2. " And whercas by an a6l made in the loth year of die reign of Queen Anne, intituled, An aifl for the more effedual preventing fraudu- lent conveyances in order to mulaply votes for eleding knights of (liires to ferve in parhament, it was enacted. That no perfon fhould vote for the dealing a knight of the fhire within that part of Great Britain called England, in refped or in right of any lands or tenements which had not been charged or affeffed to the public taxes, church rates, and parilh duties in fuch proportion as other lands or tenements of forty fliillings^(?r annum within the fame parifh or townfhip where the fame fhould he or had been ufually charged ; And whereas by an la Ann. ii6oft>%/ any of his majefty's courts of record at Weilmin- fier, wherein no effoin, protection, v/ageroflaw, privilege, or impai lance, fhall be admitted or allowed; and in every fuch aftion the proof fhall onusj»oL»„j\ lie on the perfon agaiafl whom fuch adion fhall be brought. 2. And be it further enacted by the authority aforefaid, That it fhall and may be fufficient for the plaintiff^ in any fuch a6lion of debt to fet forth , , . . . Piaintift^sp]ta;« in the declaration or bill, that the defendant is th: .uVion nf.-m indebted to him in the fum of fifty pounds and to aliedge the offence for which the aClion or fuit is brought, and that the defemlant hath acted coa - L trarv l62 33 CEORGII II. CAP. 20. trary to this ad, without mentioning the writ 6f fLimmons to pariiament, or the return thereof i and upon trial of any ifliie in any fuch adtion or fuit, the plaintiff fhall not be obliged to prove the writ of fummons to parliament or the return thereof, or any warrant or authority to the fheriff grounded upon any fuch writ of fummons. Limitation of ac- 3- Providcd always. That every fuch action or tions. |-jj-j. ii^^jj i^g commenced within the fpace of nine kalendar months next after the faft, upon which the fame is grounded, Ihall have been committed. Statutes of jeo- 4. And be it further enacted bv die authority fails &c. ex- tended to fuits. aforcfaid, That all the ftatutes of jeofails, and amendments of the law whatfoever, fhall and may be conftrued to extend to all proceedings in in any fuch aflion or fuit. Plaintiff non- 5' Providcd alwavs, and be it further enadled pav'tiebietofts.'" by the authority aforcfald. That in cafe the plain- tiff in any fuch adion or fuit fhall difcontinue the fame, or be nonfuited, or judgement be otherwife given againfl him -, then, and in any of the laid cafes, the defendant, againft whom fuch a6tion or fuit fhall have been brought, fhall recover his treble cofts. A. D. 1757. ANNO 32° GEORGII II. , CAP. 20. ^n A51 to enforce and render more effeolual the Laws relating to the Salification of Members to fit in the Hou/e of Commons. Whereas by an aa paffed in the 9th r. year of the reign of her late majefty queen Anne, intituled. 33 GEORGII II. CAP. 20. 163 intituled, * An aft for feciiring the freedom of parliaments, by the flirther qualifying the members to fit in the houfe of commons,' it was enafted. That no perfon fhould be capable to fit or vote, as a member of the houfe of commons, for any county, city, borough, or cinque port, within that part of Great Britain, called England, the dominion of Wales, and town of Berwick upon Tweed, who fhould not have an eftatc, freehold or copyhold, for his own life, or for fome greater eftate, either in law or equity, to and for his own ufe and benefit, of or in lands, tenements, or he- reditaments, over and above what would fatisfy and clear all incumbrances that might afFe<5t the fame, lying or being within that part of Great Britain called England, the dominion of Wales, and town of Berwick upon Tweed, of the refpec- tive annual value therein limited ; viz. the annual value of fix hundred pounds, above reprizes, for every knight of a fljire; and the annual value of three hundred pounds, above reprizes, for every citizen, burgefs, or baron of the cinque ports : Now, in order to enforce and render the faid adt more efi^eftual, be it enafted by the king's moft excellent majcfby, by and with the advice and confent of the lords fpiritual and temporal and commons in this preient parliament affembied, and by the authority of the fame, diat from and future pariia- after the determination of this prefent parliament, Sriy'^xccpil every perfon, except as is herein-after excepted, ^J)' ^-'°''^ ^^^-y who fhall be eledted a member of the houfe of I'ver in at u.e commons, fhall, before he prefumes to vote in houfe is fitting, the houfe of commons, or fit there during any o/'Sir refpc"c! L -> debate ^''^ qualifica- tions. 164 33 GEORGII II. CAP. 10. debate in the faid houfe of commons after their fpeaker is chofen, produce and deliver in to the clerk of the faid houfe, at the table in the middle of the faid houfe, and v/liillt the houfe of ccm- inons is there duly fitting, with their fpeaker in the chair of the faid houfe, a paper or account, figned by every fuch member, containing the name or names of the parifh, townfhip, or pre- cin6l, or of the feveral pariihes, townfhips, or precin6ls, and alfo of the county, or of the fe- veral counties, in which the lands, tenements, or hereditaments, do he, whereby he makes out his qualification, declaring the fame to be of the annual value of fix hundred pounds above re- prizes, if a knight of the fhire -, and of the an- nual value of three hundred pounds, above re- prizes, if a citizen, burgefs, or baron of the and take an^ cinquc potts ; and fliall alfo, at the fam.e time, lubicribethefd- take and fubfcribc thc followino; oath J viz. lywing oath j o ' * I, A. B. do fwear. That I truly and bona fids have fuch an eftate in law or equity, and of fucli value, to and for my ov/n ufe and benefit, of or in lands, tenements, or hereditaments, over and above what will fatisfy and clear all incumbrances that may affed the fame, as doth qualify me to be cleded and returned to ferve as a member for the place I am returned for, according to the tenor and true meaning of the afts of parliament in that behalf; and that fuch lands, tenements, or hereditarnents, do lie as defcribed in the paper or account figned by me, and now delivered to the ckrk of the houfe of commons. So help me God.' And ^j cEORcri II. CAP. 10. 165 And the faid houfe of commons is hereby im- ^'i>'ch Js to be ■^ adrniniftcred by powered and required to adminiftcr the faid oath the houf-, and , ,- 1 r • • T 1 r rx- r ''"^•'nlled, after and iiiblcription, accoraing to the directions or the ufuai oaths this act, as occafion fhall be, from time to time, LvcYJen uiLcn" to every' perfon duly demanding the fame, im- mediately afiier fuch perfon fhall have taken the oaths of allegiance, fupremacy, and abjuration, at the faid table : and the laid oath and fubfcrip- tion herein -before direftcd to be taken and made, fliall be entered in a parchment roll, to be provided for that purpofe by the clerk of the houfe of commons ; and the faid papers or ac- counts, fo figned and delivered in to the faid andth-fchcduies cleik as aforefaid, iliall be filed and carefully ^^ be filed, kept by him. 2. And be it further enacSted by the authority aforefaid. That if any perfon, who fhall be ele6led , ■'■'■_ _ Any member to lerve in any future parliament as a knight cf a prciuming to aa ^ . ... ^ contiavythcicto, Ihn^e, or as a citizen, burgels, or baron or the cinque ports, fliall prefume to lit or vote as afore- faid as a member of the houle of commons, be- fore he has delivered in fuch paper or account, and taken and fubicribed fuch oath as aforefaid, or fliall not be qualified according to the true in- .,. ,, . T- tD or Without being tent and meanin^^ of the faid recited a6t, and of ."^"'y qualified, . _ his eleftion 5s this a6t ; his election fliall be and is hereby de- void, and a new clareci to oe void, and a new writ Ihall oe iiiued to cle(St anodier member in the faid peifon's loom. 3. Provided alv/ay?, That nothing in this ad perfonscxcri-tod contained, fhall extend to the eiclefr fon or heir- °"^0''the ^mc lal quaiilica- apparent of any peer or lord of parliament, or of ^""^"i. any perfon quahned to ferve as a knight of a h 3 flilre l66 3 GEORGII III. CAP. 15. fhlrc, or to the members for either of the iini- verfities in that part of Great Britain called Eng- land, or to the members for that part of Great Britain called Scotland. A. D. -1759. ANNO 3° GEORGII III. CAP. I5. Ai A51 to prevent cccafional Freemen from voting at Ele^ions of Members tojerve in Parliament for Cities a?id Boroughs, W HEREAS great abiifes have been committed in m.aking freemen of corporations, in order to influence ele6tions of members to ferve in parliament, to the great infringement of the rights of freemen of fuch corporations, and of the freedom of eleftions ; to prevent fuch prac- tices for the future, be it enafled by the king's moft excellent majeily, by and with the advice and confcnt of the lords fpiritual and temporal and commons in parliament aflembled, and by authority of the fame. That f om and after the firft day of May, 1763, no perfon whatfoever freemen, at e- claiming as 2. freeman to vote at any eleftion of Icdlionsof mem- , _ . ,. - bers, but fuch mcmbcrs to lerve in parhament for any city, JdmineTtotheTr town, port, cr borough in England, Wales, and monthT bifore ^^ ^.o^Nn of Bcrwiclc upon Tweed, where fuch ^uch eiedion. yotcr's right of voting is as a feeman only, fhall be admitted to give his vote at fuch eleftion, unlefs fuch perfon iliall have been admitted to the freedom of fuch city, town, port, or borough, 2 twelve None to vote as 3 GEORGII in. CAP. 15. 167 twelve kalen(-\ar months before the firft day of fuch eleftion ; and if any perfon fliall prefume to give his vote as a freeman at any cle6lion of mem- bers to ferve in parliament, contrary to the true intent and meaning of this a6t, he fhall, for every fuch offence, forfeit and pay the fum of one hun- ^^J''''^'^ "^ dred pounds to him, her, or them, who fliall inform and fue for the fame -, and the vote ,given by fuch perfon Ihall be void and of no effc6l. 2. Provided always. That nothing; herein ccn- ^^^f'^^^ entitled ■^ '-' to their freedom, tained (hall extend, or be conftrucd to extend, by birth, marri- to any perfon entitled to his freedom by birth, excepted. marriage, or fervitude, according to the cuftom or ufage of fuch city, town, port, or borough. 7. And be it further enafted by the authority Penalty of ante. . . - . . . daiing the ad- aforefaid. That if any mayor, bailiff, flieriff, town miflion of any clerk, or other officer of any corporation, or other perfon whatfoever, fliall wilfully and frau- dulently antedate, or caufe to be antedated, any admiffion of any freeman, fuch mayor, baihff, flieriff, town clerk, officer, or other perfon, fhall, for every fuch offence, forfeit and pay the fum of five hundred pounds to him, her, or them, who fliall inform and fue for the fame. 4. And be it further enafted by the authority The books and aforefaid, That the mayor, bailiff, flieriff, town Hon of freemen clerk, or other officer of any corporation, hav- fpeftionr '"p"" ing the cuflody of, or power over, the records xrf"i"^\"T of the fame, fnall, uuon the demand of any °'' ^"^'^ f'"'^^^"'. ■^ ^ upon payment ot candidate, or his agent, or any two freemen, on i^- the payment of one fhilling, permit fuch candidate, agent, or freemen, between the hours of nine in the morning and three in the afternoon, at any time L 4 before. l68 J GEORGII III. CAP. 15. before, and within one month after, any fuch eledion as aforeiaid, to iufpecl the books and papers wherein the admiiTion of freemen fliali be And copies and entered J and to have copies or minutes of the minutes of the , . _, - ^ ^ . r 1 j 1 admiffion to be aamiliion ot lo many ireemen as luch candidate, fcSabir^'S agent, or freemen, fhall think fit, upon paying ^.ritingthefamej ^q [^^^^ mayor, bailiff, fherifF, town clerk, or other officer, a reafonable charge for writing the And the books, {^yuq ; and fuch books and papers fhall, if de- &c. to be pro- -^ •■■ duced, if de- manded by fuch candidate, agent, or freemen, cieftion', be produccd by fuch mayor, bailiff, fheriff, town clerk, or other officer, at every eleftion, and be referred to, in cafe any difpute fliall arife touch- ing the right of any perfon to give his vote there- at; and if fuch mayor, bailiff, flieriff, town clerk, or other officer, fliail refufe or deny fuch candidate, agent, or freemen, the infpedion of fuch books and papers, or to have copies or mi- nutes thereof, or fliall refufe or negled to pro- duce fuch books and papers at any ele(5lion, if demanded and paid for in the m.anner herein-be- fore fet forth, fuch mayor, bailiff, fheriff, town clerk, or other officer, fhall, for every fuch of- On penalty of f^^cc, forfeit and pay the fum of one hundred jooJ. pounds to him, her, or them, v^ho fhall inform and fue for the famiC. The penalties 5' ^^^ ^^ ^^ further cnaftcd by the authority may be rcco- aforcfald. That all forfeitures or penalties laid or vcred with full ' ■ i^ coihoffuit} impofed by this a6l, fhall be recovered, with full cofts of fuit, by a6tion of debt, bill, plaint, or information, in any of his majefby's courts of record at Weftminfter s wherein no effoin, pro- ^ teftion^ 3 CEORGII III. CAP. 15. 165 t£'6i:lonj wager of law, cr more than one iip.par- lance fliall be allowed. 6. Provided always, and it is hereby furtlier .^^a^it'^fc enafted and declared, by the authority aforefaid, n^e^^d >*icii»n 4 ' •' year. That no perfon fhail be liable to any forfeiture or penalty by this atfl laid or impofed, unlefs pro- . fecution be commenced within one year after fuch forfeiture or penalty fnall be incurred. 7. And be it further enafted by the authority This aft to fee ^^.,,_^, , . ^_ nii 1 ojenly read by arorelaid, i nat tac returning officer fliall read, the returning oi- or caufe to be read, openly, this a6l, at the time icdhonJ'by Jvcc- of ejection of members to ferve in parliament ''f?' !-"!'"^f'> i atciy art.:i act for cities, towns, ports, or boroughs, where the ^ ^'*- ^• right of eleftion is in the whole, cr in part, in freemen as aforefaid, immediately after the read- ing of the a6c pafied in the 2d year of his late majefty's reign, intituled. An aft for the more cfFe6tual preventing bribery and corruption in the elections of members to ferve in par- liament. 8. And be it further enafted by the authority thu aa n-^tt* aforeiaid. That nothing in this aft fliall extend, d:K ov Nctvicb. or be conftrued to extend, to the cides of Lcn- fion or Norwich, A. D. 1762, A^r^:o I70 3 GEORGII III. CAP. 24. ANNO 3" GEORGII III. CAP. 24. yln Acl to -prevent fraudulent and occafimal Votes in the EleBions cf Knights of the ShirCj and cf Members for Cities and Towns which are Counties cf themfehes,., Jo far as relates to the Right of Voting by virtue cf Annuity or Rent Charge. W HEREAS annuities or rent charges granted for a life or lives, or a greater eftate, if- luing out of freehold lands or tenements, are of a private nature, and therefore liable to frau- dulent pratlices in the eleftions of knights of fhires, to the prejudice of the candidates, and of thofe who have juft right to vote at fuch eieftions j and whereas the right of eleftion of members to ferve in parliament for feveral cities and towns which are counties of themfelves, in that part of Great Britain called England, is vefted partly, or in the whole, in freeholders, in refpe6l of free- holds of the yearly value of forty fhillings, lying within fuch cities and towns; and whereas an- nuities and rent charges for a life or lives, or a greater eftatc, iiTuing out of fuch freehold lands or tenements, are liable to the like fraudulent praftices : For remedy v/hereof, be it enafted by the king's moft excellent majefty, by and with the advice and confcnt of the lords fpiritual and tem- poral and corp.mons in this prefent parliament aflemblcd, and by the authority of the fame. That 3 GEORGII III. CAP. 24. 171 That from and after the firft day of Auguft, 1764, No perfon n,ay J CI ' • *' vjtc in elections no perfon fliall vote for eledlino; any knio;ht or of knights of / ... . . the fiiii-e, or of knights of a fhire, citizen or citizens, burgefs or members for ci- , fy, f. ^ . . r \ tics and towns buigelles, or any Inch city or town tor that part which are coun- of Great Britain called England, for or in re- "^Zc."' \n^S^t fpedtof any annuity or rent charge ifiuino; out of °^ """^ ^"""'^y r J J D O or rent charge freehold lands or tenements, and granted before granted before tlie firft day of June, 1763, unlefs a certiiicate, uniefs I certin- upon oath, fhall have been entered twelve kalen- "i^h t"he^"derk dar months, at leaft, before the firft day of fuch ^^'J^pSpof- eleftion, with the clerk of the peace for the «':?'• J- '^""^'? ^ before any luch county, riding, or divifion, or with the clerk of eiedtions begin i the peace, town clerk, or other public officer, having the cuftody of the records within fuch city or town where fuch lands or tenements do lie, as follows, (that is to fay), " I, A. B. of am really and bona fide feized of an annuity or rent charge, for my own ufe and benefit, of the clear yearly value of forty lliillings, above all rents and charges pay- able out of the fame, wholly iflliing out of freehold lands, tenements, or hereditaments, belonging to C. D. of fituate, lying, and being, in the parifti, townihip, or place, or in. the parifties, townfliips, or places of E. in the county of without any truft, agreement, matter, or thing to the contrary notwithftanding ; and I, or the perfon or perfons under whom I claim, was or were feized of the faid annuity or rent charge before die firft day of June, 1763." 2. And be it further ena6led by the authority na '"ch re^edi aforefaid, That no perfon ftiall vote for the eled:- Stitt af'illa.i \Y\cr cjme by defcent, lyS 3 GEORGII III. CAP. 14. inarnagf,dcvife, jj-jg anv kfiic^ht Or knifi^hts of a fliire, or for a ci-r prefentation, or_c3^_^ ^ promotion: tizcn or citizens, burgels or biirgelTes, of any fuch city or town, for that part of Great Britain called England, in refpedt of any annuity or rent 1 charge ifTuing out of freehold lands^ tenements, or hereditaments, which fhall come to fuch per- fon by defcent, marriage, marriage fetdement, devife, or prefentation to a beneiice in a church, or promotion to an office, v/ithin twelve kalen- dar months next before fuch election refpeftively, unlefs a certificate upon oath, or affirmation if a ^lluaker, fhall have been entered witli the clerk of the peace, town clerk, or other officer as afore- faid, before the firtl day of fuch eieClion, as fel- lows ; that is to fay, " I, A. B. of am really and houa fJe feized of an annuity or rent charge, to m.y own ufe and benefit, of the clear yearly value of forty fhillings a year, above all rents and charges pay- able out of the fame, vmolly iiTuing out of free- hold lands, tenements, cr hereditaments, belong- ing to C. D. of fituate, lying, and being in the parilh, townfnip, or place, or in the parilhcs, townihips, or places of in the county of v/ithout any trud, agreement, matter, or thi:ig to the contrary not- withfcanding ; and I became Icized of the faid an- nuity or rent charge, on the day of laft paft, by defcent or othenvife'' (as the cafe may happen. ) ?. And be it further enaclcd bv the authority Nor n-.iy any ^ ' . , pcrfon vote -,„ aforcliiid. That from and after the faid firfc day any eledlion as-,^ , rnii aro.ei.ud, a/tc: of Auguft, T764, no pcilon lliail vote at any } Aug. .764, ekaion 3 oEORcri III. CAP. 24. 173 e'fclion of a knight or knights of the flilre, or of any citizen or citizens, burgefs or burgcircs, of any fuch city or town, within that part of Great Britain called England, for or in refpect of inrefpea of any * 2i::iuity or rent any annuity or rent charge to be granted after the charge granted faid firil day of June, 1763, unlefs a memorial i "junc, 1763, of the grant of fuch annuity or rent cliarge fliall ", JJ,f l],^l'^Z'z have been regiftered with the clerk of the peace ^"ly ^"c'tcd, be '-' 1 rcgiircred as of the county, riding, or divifion, or with the aforefaid. clerk of the peace, town clerk, or other public officer, having the cufbody of the records, within fach city or town where the lands or tenements out of v/hich fjch annuity or rent charge ifllies fliall lie, twelve kalendar months at leaft before the firfc day of fuch eleftion ; v/hich memorial fliall be wrote on parchment, and directed to fuch clerk of the peace, town clerk, or other public officer, and fhall be under the hand and leal of the grantor or grantors, and atteued by two wit- nelTes, one whereof to be one of the witnefTcs to the execution of fuch grant; which v/itnefs fiiall, upon oath, before fuch clerk of the peace, town clerk, or other officer as aforefaid, or their depu- ties, prove the fcaling and delivering of fuch grant, and the figning and fealing of fuch me- morial -y and which memorial lliall contain the day and year of the date, and the names, additions, and abodes, of the parties and witnefies, and all the lands and tenements out of which the annuity cr rent charge ifTues, and the pariffi, towniliipj^ or place, or the pari (lies, townfiiips, or places, where fuch lands and tenements lie ; and that ^''^^ S'^jnt robe produced at tiie every fuch grant, of which fuch memorial is fo tim:of regiftcr- ina, and the day to and year oi en- 174 3 GEORcir in. cap. 24, tering the me- to bc rcglftered, fliall, at the time of entering fuch d^rfld '^theiean memorial, be produced to fuch clerk of the officer^-^ P''°P" peace, town clerk, or other officer, as aforefaid, or their deputies, who fhall thereon indorfe a certilicate, in which fliall be mentioned the day and year on which fuch memorial fhall be fo en- tered. Nor may any . ^ ^nd bc it fufthcr cnafted, by the authority one vote in right ^ ^ ^ j r r • r of any affign- aforefald. That from and after the faid firft day of ndty^or^rent Auguft, 1 764, no perfon fhall vote at any elec- t^r.'M^^^' ^^°" ^^^ ^^^^S^^ °^ knights of the fhire, or of any citizen or citizens, burgefs or burgeffes of any fuch city or town, in that part of Great Britain called England, by reafon of an affignment of any an- nuity or rent charge, or any part or parts thereof^ un'efs a certifi- ma^^e before the faid firft day of Tune, 1767, un- cate or the on- ■' •' ■» / «j-' ginai annuity be lefs a Certificate of fuch affignment upon oath, to entered ai afore- , -ir • i«i r r- faid J the purport herein-berore mentioned, with refpect to an original annuity or rent charge, fhall have been entered with fuch clerk of the peace, town clerk, or other officer as aforefaid, twelve kalen- andiftheaiTign- dar months at leaft before the firft day of fuch ment be made , ^ • r /i 11 after the faid I tleclionj and that no perlon fhall vote at any memorial there! fuch ele6tion as aforefaid, by reafon of an afTign- grantTto°be 2- ^ent of any annuity or rent charge, or any part teftcd and regif- qj. p^j-j-g thereof, made after the firft day of June, tered as is di- ^ ^ } J ^ reftcd in cafes of 1 76?, uttlcfs a memorial of fuch afTigniTient, and original grants. -iri rri alio a memorial or the grant or iuch annuity or rent charge of which fuch aiTignment fhall be made, fhall have been atteftecl and regifter- ed twelve kalendar months at leaft before the firft day of fuch eleftion, in the fam.e manner as is herein-before diredted with rcfpe6t to 3 GEORGII III. CAP. 24. 175 to the memorial of an original g]-ant of an annuity or rent charge. 5. And be it further ena6ted by the authority aforefaid, That the clerk of the peace for every county, riding, or divifion, and the clerk of the peace, town clerk, or other officer as aforefaid, of every fuch city or town, fliall keep a book or ^°°^^ to be ■' ' _ •"■ _ kept by the pro- books for the entering of every fuch certificate per officers for and memorial, and lliall be allowed for the en- ceitificat-s and try of every fuch certificate the fum of one fiiil- "''^'"°" ling, and of every fuch memorial, two fhillings, and no more ; and for every fearch for any certi- ficate or memorial, one fhillinoj, and no more : fees for entry, and that any perfon or perfons may, at all feafon- able times, refort to, and infpeft the certificates, memorials, and books of entries thereof i and fuch clerk of the peace, town clerk, or other officer as aforefaid, or their deputies, is hereby dire6led and required forthwith to give a copy and for copi«. of any certificate or memorial to any perlbn or perfons who fhall defire the fame, paying for fuch copy, if it contains not more dian two hun- dred words, the fum of fix-pence ; and fo in pro- portion for any greater number of words; and fuch clerk of the peace, town clerk, or other officer as aforefaid, or their deputies, is hereby officer m«y ad- ] 1 • -n 1 • (- minifteraii oath impowered to adminilter an oath m all cafes m cafes aforefaid. where an oath is required by this adlj and true copies of tlie aforefaid certificates and memorials copies attcftv^d attefted by fuch refpeftive clerks of the peace, Ij^Jl' ^S." town clerk, or other officer as aforefaid, or their •'^s^ evidence. deputies, lliall, at all times, be allowed and admitted 176 3 GEORGII III. CAP. 14.. admitted as legal evidence in all cafes whatfo-^ ever. 6. Provided always, and be it further enaded Memorials of by t;he authoritv aforcfaid, That a memorial of grants or affign- mencs maJs and fuch grant or affignment ls ihall be made and exe- executed above , . , . . . ^ ., ^ , 40 miles from cutcd in any place not within forty miles or tne dSk °^o? the office of the clerk of the peace for the refpeCiiive peace, &c. to be cQuntv. riding, or divifion, or of the town clerk, rcgiftcrcd, upon y -» D-' ■ -' ' producing an af- or Other officcr as aforefaid, fhajl be entered and lidavit made by •-iii-iiiri one of the wit- regiltcred by luch clerk or the peace, town clerk, iiefTe; b?fore one . ,y~ r r ■ s 1 • i of tiie judges at or Other omcer as atorelaid, or their deputies, ^laft'^nnSai^- '^^ ^afc an affidavit fworn, or affirmation of a ""^i^* Shaker, before one of the judges at Weftminfter, or a mafter in chancery ordinary or extraordi- nary, be brought with the faid memorial to the faid clerk of the peace, town clerk, or other of- ficer, as aforefaid, wherein one of the witnefTes to the execution of fuch grant or affignment fhali fv^'ear that he or Ihe law the fame executed -, and the fame ffiail be a fufficient authority to the clerk of the peace, tcvv-n clerk, or other officer, or their dcpuiics, to give the party that brings fuch memorial a certificate of the regiilering fuch memorial ; which certificate, figned by the faid clerk of the peace, town clerk, or other officcr, as aforefaid, or their deputies, fiiall be taken and allowed as evidence of the regiftry of the fame memorial in ail courts of record whatfoever > any thing herein contained to the contrary not- v/ithftandine. 7. And be it further ena£bed by the authority Officer, or Je- aforcfaid, That the clerk of the peace of every puty, to att:-nd, ' ^ •' u->on rfafo-.iabic countv, riuin;^, or divifion, and the clerk of the notics and fv.s- . » o' faaion, wiui ihc pcace. 3 GEORGII III. CAP. 24. 177 s of cntrk y fuch dec- peace, town clerk, or other officer, as aforefaid, books of entries * at any fuch of" every fuch city or town, or their deputies, ti fnall, upon rcafonable notice, attend at any fuch election with the book or books of entries of every fuch certificate and memorial, at the re- queft of any candidate or candidates j he or they making him rcafonable fatisfaftiun for fuch at- tendance. 8. And be it further enacted, by the authcnty officer guiity of aforefaid. That if any clerk of the peace, tov/n mifdemMnnr, °' clerk, or other officer, as aforefaid, Ihail be guilty ^°'*'''' ^''°^* of any wilful negleft, mifdemeanor, or fraudu- lent pradice, contrary to the true intent and meaning of this adt, every fuch clerk of the peace, town clerk, or other officer, as aforefaid, Ihall for every fuch offence, forfeit one hundred pounds to the perfon who ffiall fue for the fame, by aftion of debt, bill, plaint, or information, in any of his majefly's courts of record at Wefl- minfter; wherein no elToin, protection, wager of lav/, or more than one imparlance, lliaii be allowed. 9. Provided always, and it is hereby further Limitation of ena6led and declared by the authority aforefaid, P^"'^'='^'"'ns. That no perfon ffiall be liable to any forfeiture or penalty by this adl laid or impofed, unlefs profecution be commenced within twelve months after fuch forfeiture or penalty ffiall be incurred. A. D. 1762. M ANNO lyS lO GEORGII III. CAP. I^i ANNO lO GEORGII III. CAP. 1 6. An AEi to regulate the Uriah of controverted Ekn'wns or Returns of Members tofcrve in Fdrliament, Whereas theprefent mode of deci- fion upon petitions, complaining of undue elec- • - tions or returns of m.embers to ferve in parlia- ment, frequently obilru'fls public bufmefs j oc- caPtons m.uch expence, trouble, and delay to the parties ; is defective, for v^^ant of thofe fandlions and folemnities which are eftabliilied by law in other trials , and is attended with m.any other in- conveniencies : For remedy thereof, be it enadled , by the king's moil excellent m.ajefly, by and with the advice and confent of the lords ipiritual and temporal and commons in this prefent parliament alTembled, and by the authority of the fame. That after the end of the prefent fcf- fion of parliament, whenever a petition, com- plaining of an undue eledlion or re turn of a After the prefent member or members to ferve in parliament, felTion, on com- ^ •,, , r ^ r plaint of undue iliall oc prefcnted to die houfe of commons, a precife dmc to be day and hour fhall by the faid hoiife be appointed dalng thereof.''" ^^'* taking the fame into confideration ; and notice thereof in writing iliall be forthwith given, nS"« ' thereof '^X ^^'^^ fpcakcr, to the petitioners and the fitting and order aucndl m.embers, or dieir refpe6live agents, accompa- nied with an order to them to attend the houfe, at the time appointed, by ihemfelves, their coun- k\i or agent. I 1. Provided lO CEORGII III. CAP. 16. 179 1. Provided always, That no Tuch petition ^"' "o^ wthin . , . i 14 i1a)b after ap- Hiall be taken into confidcration within fourteen pointmcnt of - , . r 1 • /■ committee of days arter the appointment or the committee ot privileges. privileges/ 7. Provided alfo. That the hoiife may alter the ^"'^<^ "^ay alter , • - 1 r 1 • r 1 .the time en like day and iiour lo appointed for taking fuch peti- notice aad order, tion into conlideration, and appoint Ibme fubfe- quent day and hour for the fame as occafion Ihall require j giving to the refpedtive parties the hke notice of I'uch alteration, and order to attend on the faid fubfequent day and hour, as aforcfaid. 4. And be it further ena(5l:ed, That at the time appointed for taking fuch petition into confidcra- tion, and previous to the reading of the order of the day for that purpofe, the ferjeant at arms Ihall Serjeant at arms, be diredted to go with the mace to the places ad- jng^of the order jacent, and require the immediate attendance of "^ ''"' tu' '** -> ' i- require the at- the members on the bufinefs of the houfe -, and te^'^^-in" of the , ^ members : that after his return the houfe fhall be counted, and At his return, if there be lefs than one hundred members pre- counted. fent, the order for taking fuch petition into con- For want of 100 fideration fliall be immediately adjourned to a '"•'"^'="' '° *•*- •' -' journ, particular hour on the following day, Sunday and Chrijimas-day always excepted ; and the houfe fhall then adjourn to the faid day ; and the pro- ceedings of all committees, fubfequent to fuch notice from the faid feijeant, fliall be void \ and, en the faid following day, the houfe fhall proceed in the fame manner; and fo, from day to day, till there be an attendance of one hundred mem- tiu 100 be pr«- bers at the reading of the order of the day, to ^""' take fuch petition into confidcration. M 2 5. And iSo lO GEORGII III. CAP. l6. 5. And be it further enadted. That if after fum- moning the members, and counting the houfe as 100, aforefaid, one hundred members I'hall be found &crt?beordcTcd ^o bc prefcnt, the petitioners, by themfelves, to the bar. their counfel, or a2;ents, and the counfel or agents of the fitting members, fliall be ordered to at- tend at the bar, and then the door of the houfe fhall be locked, and no member fliall be fuffered to enter into or depart from the houfe until the peti- tioners, their counfel, or agents, and the counfel or agents for the fitting members, fhall be di- rected to withdraw, as herein-after is mentioned j and when the door fhall be locked, as aforefaid, the order of the day fhall be read, and the names of all the members of the houfe, written or Names of the printed on diftin6t pieces of parchment or paper, members to be -"^ _ ^ *^ r x ■> put into fix being all as near as may be of equal fize, and to be drawn ai- ToUcd up in thc famc m.anner, fhall be put in rtid by' tTe cqual Humbcts into fix boxes or glaffes, to be Kwn.'"'"^^ placed on the table for that purpofe, and fliall there be fhaken together ; and then the clerk or clerk alTiftanc attending the houfe faall pubhcly draw out of the faid fix boxes or glaffes, alter- nately, the faid pieces of parchment or paper, and deliver the fame to the fpeaker, to be by him read to the houfe -, and fo fliall continue to do, until forty-nine names of the members, then prefent be drawn. Voting mem- 6. Piovidcd always. That if the name of any tion, member^ who fliall have given his vote at the election fo complained of as aforefaid, or fhall be or complainants, a petitioner complaining of an undue elefbion or return, or againft whofe retvrn a petition fhall be then 10 GEORGII III. CAP. l6i lit then depending, or whofe return fliall not have been brought in fourteen days, Ihall be drawn ; }iis name fhall be fet afide, with the names of To be fet afide* thofe who are abfent from the houfe. 7. Provided alfo, That if the name of any ah above 60 member of fixty years of age or upwards be cufcd, drawn^ lie fhall be cxcufed from ferving on the fcleft committee, to be appointed as herein-after is mentioned, if he require it, and verify the caufe of fuch requifition upon oath. 8. Provided alfo. That if the name of any ?^ ^Y^ ;^^'* ■' have ferved on member who has ferved in fuch felect committee feUdi commit- during the fame feflion be drawn, he fliall, if he feflion, require it, be exculed from ferving again in any fuch feledl committee, unlefs the houfe fhall, be- fore the day appointed for taking the faid petition into confideration, have rcfolved, that the num-^ uniefs thenum- ' her who have bcr of members who have not ferved on fuch fe- not ferved be in- k(5l committee, in the fame feflion, is infuffi- cient to fulfil the purpofes of this aftj refpefting the choice of fuch fele6t committee. Q. Provided always. That no member, who ^^'i'^^,^''^, "\ after having been appointed to ferve in any fuch deemed to have felect committee fnall, on account of inability or accident, have been excufed from attending the lame throughout, fhall be deemed to have ferved on any fuch feleft committee. 10. And be it further enaded. That if any other Members verify -• ' J ing otiicr ex- member fhall offer and verify upon oath any *^"''"> aiiegauon "' -^ . ■' to be entered. Other excufe, the fubflance of the allegations fo verified upon oath fnail be taken down by the faid clerk, in order that the fame may be after- wards entered on the journals, and the opinion of M 1 the l82 10 GEORGII III. CAP. l6. tlVLtw, the houfe (hall be taken thereon; and if the that they arc un- |^q^,^^. j|^^l^ rcfolve, that the faid member is \m^ able, &c. . ^ , . able to lerve, or cannot without frreat and mani- Are to be ex- •' u cufcd. fefl: detriment ferve, in fuch felect committee, he .ilfo fhall be excnfed from fuch fervice. 11. And be it further ena6led, That inflead of the members fo fet afide and excufed, die names of infteadofwhom, other mcmbcrs fhall bc drav/n ; who may, in like ^others to be ^ ■^ ^ drawn to com- manner, be fet afide or excufed, and others drawn ber49, &c. to fuppl^ their places, until the whole number of forty-nine members, not liable to be fo fet afide or excufed, fhall be compleat ; and the petitioners. Petitioners may , . n n i i i name one, aod Of thejr agcnts, Ihall then name one, and the anotifer,""'"'''"' fitting members, or their agents, another, from among die members then prefent, whofe names fhall not have been drawn, to be added to thofe who lliall have been fo chofen by lot. 1 2. Provided ahvays. That eidier of the mem- wi'.o mny for {^^j.^ ^^ nominated iTiall or may be fet afide, for like caidlcs be fet / ' aiide, any of the fame caufes as thofe chofen by lot j or Ihall, if he require it, be excufed from ferv- or excuivd, jf^g Q^ ^i^^ f^}(^ fcled committee ; and the party who nominated the member fo fet afide or ex- cufed, ihall nominate another in his ftead, and fo continue to do as often as the cafe lliall hap- And others p^n, until his nominee is admitted. 13. And be it further enailed, That as foon as Door to be 0- ^^^. f^id forty-ninc members fhall have been fo prned, and the ' ho jfe may pro- chofcn by lot, and the two members to be added buiijief*. thereunto fliall have been fo nominated as afore- faid, the door of the houfe fliall be opened, and the houfc may proceed upon any other bufinefs \ and lilts 10 CEORGvI III. CAP. 16. ' iSj V\{[^ of the forty-nine meJr.bcrs.fo chofcn by lot y'^\?^ '^^ +9 '' * ' t ) be then givca fhiiil then be mvcn to the pf- doners, their conn- ^'> the petition- .fcl, or -agents, and the couni.\ or agents for the fitting members, who ihall immediatdy with- t1ru\r, too;ether with the clerk appointed to c^ttend ^f}"?, "^'^^ ^^^'^ •' o I ST cnMiC are 19 the faivi feleft committee ; and the faid petitioniTs wahdraw, and fitttng members, their coiinfel or agents, beginn':ng on the part of die pedtioners, fliall rl- ternately lirike off one of tlie Hiid forty- nine mem- And to fttike bers, iinLii the faid number fnall be reduced to nateiyT'^tiii the thirteen: and the faid cleik, within one .hour at T"^^7 ^l .'^^' ' ^ ducca to 13 ; farthelt from the time of die parties withdrawing cieric within one from the houfe, Ihall deliver in to the houfe I'le hour toddivcra ' _ _ _ hit ot ineai ; names (if the thirteen members then remaining; and the faid thirteen members, together with tlie two members nominated as aforefaid, fliall be fwoin a:t the table, v/ell and truly to try the matter And they, with Ol the petition referred to them, and a true judge- (\,m bo fwom « ment to give according to tlie evitkncej and Ihall ^.'J;^''^ wnimit- be a fclect committee to try and determine die me- rits of the return or eletflion appointed by tlie houfe to be that day taken into confideration; and the houfe fliall order the faid fele6t committee to meet at a certain time to be f xed by the houfe, which time fhall be v/ithin twenty-four hours of the ap- Houfe to ordsr pointment of the faid kleil committee, unlefs a z^uoun?^ Swniny or Chrifimas-day fliall intervene ; and the place of tlieir meeting and fitting fhall be fome convenient room or place adjacent to the houfe of commons, or court of requefls, properly pre- pared for that purpofe. 1-1 Provided always. That on the parties v.'ith- On w-thimvin^ drawing as aforefaid, tlie hoLUe fhall cundiiue ird"''ut ti' th« ,, , / ■ meeting of lijm- ^^ 4 filling ; ^tceebcnxed. 184 lO GEORGII III. CAP. 16, fitting ; and the faid fifty-one members, fo chofen and nominated, Ihall not depart the hoiifc till the time for the meetinn; of the laid feleLt comxUiittee (hall be fixed. Petitioners, &:c. j ^, Provided always, and be it further enafted, declailng that , . - , , . , f any member Tliat if upoH thc drav/uig out thc Hamc ox any ed'^^'for" ST'Tio- member by lot> as aforefaid, die faid petitioners 2)^-iee, ^j. fitting members, or their agents, fhaJl declare, that ilich meinber is intended to be one of the two nominees to be nominated by them refpec- And member tively, and if fach member fliail confent to fuch cementing . . , r r 1 > r i thereto, nomiDation, the name or lucn m.emoer lo drawn by lot fliall be fet afide, and, unlefs objeded to He is to fcrrs as as aforcfdid, hc Ihall krve as fuch nominee, and And' another to thc name of another member fhall be drawn to ^p'^hirpiac/"^' ^uppjy his place, to complete the number of forty- nine micmbers ro be drawn by lotj and if tiie faid petitioners or fitting members, or their Butonnegieftof agcnts, fliall not refpeclively nominate a member nommation, ^^^^^ prcfent, wiio fliali be admitted according to the dlre^iions of this aft, then the want of fuch - Defidencies to nomination fhall be fupplied, by drawing out, lo^tj "^^ ' ^ inftead tiiereof, the name of one or two members, as the cafe fhall require j who fliall be drawn by lot in the like m.anner, and fubjed to the like ob- jedbions and excufes as the other forty-nine mem- bers already drawn by lot, and fhall be added to the lifl:s of the faid forty-nine members, and fliall be liable to be ftruck off in the fame manner j Leaving always leaving always the number of fifteen members in «o^mi^ittee. ^ ^^ thc wholc, and no more, as a feic6l committee for the purpofes aforefaid. 16. And, TO GEORGII III. CAP. l6. iS^ 16. And, for the greater difpatch and certainty in J'',|'i''J°"p^JJ^ the proceeding hercin-before defcribed, be it into confidcra. further ena6tcd. That the names of all the mem- bers fo written and rolled up as herein- before direcfted, (hall, previous to the day appointed for taking any fuch petition into confideration, be prepared by the faid clerk, or clerk afuftant, and c'"'= to put the , , . . ... - names ot the by him put into a box or parcel, in the prefence members drawn of the Speaker, together witii an atteitation, parcel, and at- figned by the faid clerk, or clerk affillant, pur- '^'^'^'^'^'i porting, that the names of all the members were by him put therein die day of in the year which fiid box or parcel the Speaker fliall feal with his Speaker to feai own feal -, and to the outfide thereof Ihall annex atteft thc'maL an attellation, figned by himfelf, purporting, S;£cf ''* that tliC faid box or parcel was on the day of in the year made up in his prefence, in the manner diredled by this aft } and that as foon as the parties fliall be with- drawn as aforefaid, and before the houfe fliall enter on any other bufinefs, any member may require, that the names of all the members, which ^eiT^'unditlT' remain undrawn, fhall be drawn, and read aloud '"ay,'"^ '"i by the clerk. by the faid clerk or clerk affiftani. 17. And be it further enafted. That the faid feled committee fliall, on their meetine:, eleft a Chairman to bs ■' >->' elected out of chairman from among fuch of the members thereof n«"-bcrs chofm as fhall have been chofen by lot ; and if in the election or a chairman there be an equal number equality in eico- of voices, the member wliofe name was firft "'' drawn in the houfe fliall have a cafting voice ; fo drawn w iia". a iikewifc, in cafe there fliouldever bL- occaficn for "^'"^ '"''""' eleding lS5 iO GEORGII III. CAP. l5. electing a new chairman, on the death, or necel*- faiy abfence of the chairman fird elefted. Sciea comm-t- j g . And be it further enaclled. That the faid feleft tee inipaNvered to fend for perions. Committee fhall have power to fend for perfons, papers, and records ; and fiiall examine ail the Examine wt- witncffes v.'ho come before them upon OLth; and "■■ ''' Ihali try the merits of the rerarn, or election, or And determine bothi and {hall determine, bv a maioriry of voices finally. ' . of the faid feleit committee, whether the peti- tioners or the fitting members, or either of them, be duly returned or elefted, or Vv-hether th.e elec- tion be void ; which determination fliall be final between the parties to all intents and piirpofes 5 tr!''confinnr^r ^^^ ^^"^^ houfe. On being informed thereof by the alter the re- chairman of the faid felecl committce, Ihall Order turn; _ ' the fame to be entered in their journals, and give the neceflarj- di regions for ccnBrmiing or altering Or iiTue wrk for the retiim, or for the iffuing a nev/ writ for a new Eew elediion. . . 1--11 •• ejeciion, or for xarrvin^ the laid determination into execution, as the cafe miay require. Scieft commit- j g. And be it further enafted. That the faid tee not to ad- , . l^ . r> y\ r Viurn fir mort lelect com.mitte mail fit every day [Sunday and i.Ao«te4w" Chrijlmas-day only excepted) and fhall never adjourn for a longer tim.e than tvventy-four hours, unlcfs a Sunday or a ChriCrrAas-day intervene, without leave firtl obtained fiom the houfc, upon motion, and fpecial caufe afTigned for a longer V Woufe t^hca adjournment i and in cafe the houfe fhall be tobcita.ed, fitting at the time to v/hich trie laid lelect com- mittee is adjourned, then the bufinefs of the And 7not;on houfe ihall be ftaved, and a motion fnall be made adiournaisnc for a further adjournment, for any time to be fixed by tiic home, not exceeding twcnt)'-four hours. 10 CEORCII III. CAP. t^. 1S7 hours, nnlcfs a Sunday or Chrtjl;nas-day inter- vene. 20. And be it fjrther enacfted, That where the ckr]/fLs°Jjy time prelcribed by this act for the meeting, fit- i"^",;"';!^;^"! ting, or adjo-urnment of the faidfeleft committee, ci>"i'^« (hall, by the intervention of a Sunday or Chrijl- mas-day, exceed twenty-four hours, fuch meet- ing, fitting, or adiournment, fnall be v/ithin twent\'-four hours from the time of appointing or fixing the fame, exclufive of fuch Sunday or Chrijlmas-day. 2 1. And be it further enacled, That no miem- ^^^^^ '^°"'™*- ' tec-man n^t » ber of the faid felect committee fliall be allowed ^^"^n^: without to abfent himfelf from the fame, without leave ob- tained from the houfe, or an excufe allowed by the houfe at the next fitting thei^eof, on fpecial caufe fhewn and verified upon oath; and the norccmm-ttset* faid feledl committee fhall never fit, until all h'aU not kavi, the m.embers to whom fuch leave has not been ^" ™°^* granted, nor excufe allowed, are met ; and in On failure of cafe they Ihall not all meet within one hour after one hour, atur- the time to v/hich the faid feleft committee fliall mcnttob/XTe* have been adjourned, a further adjournment fliall ^^^^ 'thT'wue be made in the manner as before direfted, and ^^^^0^' reported, with the caufe thereof) to die houfe, 21. And be it furtlicr enafted. That the chair- chairman, at man of thefaidfekvfl committee fhall, at the next l^p^rtabicnwe^ meeting of the houfe, always report the name of every member thereof vrho fhall have been abfent therefrom v/ithout fuch leave or excufe as aforefaid ; and fuch member fhall be directed to who a-^ to bid; - attend the houfe at the next fitting thereof, and next littinsi" ' fliall then be ordered to be taken into the cuf- todv l3^ 10 GEORGII III. CAP. I^. and be cenfured ^Q^y q{ |;|^ fericant at arms attending the howCcj or pun'irtied at • -' '-' _ difcreuiop., for fuch HCglcct of hls dutv, and otherwife pu- nifhed or cenilired at the difcretion of the houfe ; unlefs it Hiali appear to the houfe, by facls fpe- ciaiiy ftated and verified upon oath, that fuch ixn!efs abfence member was, by a fudden accident, or by ne- pr^ved unavoid- cemvfy prevented from attending the faid feled committee. 23. And be it further enafled, That if more than two members of the faid feie6t committee fhall on any account be abfent therefrom, die faid if73donotat- felcft Committee Ihall adjourn in the manner tradjown'r' " herein- before dirededj and fo, from time to time, until thirteen members are aflembied. 24. And be it furdier enafted. That in cafe the number of members able to attend the faid feledt con^mittee Hiail, by death or otherwife, be una- voidably reduced to lefs than thirteen, and fhall ifiefs for 3 days, fo contlnuc for the fpace of three fitting days, the fohcd and ano- faid feleft committee fhall be diffolved, and an- lerc .en, other chofcn to try and determine the matter of fuch petition in manner aforefaid; and ail the •ndpaft proceed- procecdings of the faid former feied committee ir.gscr.b:void. ij^jall be void, and of no elfeft. R.Liutions of 25. And be it further enaded, Tha,tif the faid t^rd"e?m[na- ^^^^^ committce ihall come to any refolution ti)n of coir.- Qi]-^Qi- than the determination above mentioned, n.a>beveported, they fhall, if tliey think ptopcr, report the fame to the houfe for their opinion, at the fame time that the cliairman of the faid fckct committee and the hnufc fhaJl inform the houfe of fuch determination ; wiy m^ik. oiu.. ^^^j jj^^ i^Qjj/-^ j^^y confii-m or diliigree with fuch refo- lO GEORGir III. CAP. 16. 189 refolution, and make fuch orders thereon, as to them fliail feem proper. 26. Provided always, That if any perfon fum- i^g'fammons.'o^ moned by the laid felecl: committee, iliall difobey pf'^variciting, fuch fummons -, or if any witnefs before fuch fe^- lect committee fhall prevaricate, or fliall other- wife miibehave in giving, or refufing to give evidence -, the chairman of the faid fele<5l com- ^" be r->,roi tr,] bj ,,.,._. . tlie chairman. rnittee, by their direction, may at any time, during the courfe of their proceedings, report the fame to the houfe, for the interpofition of their authority or cenfure, as the cafe fliall re- quire. 11. And be it further ena<5l:ed, That whenever ^''^ commit- tee chul> todeli- the faidfelcft committee fhall think it neceifary to hi-r^r.'-, the room deliberate amongft themfelves, upon any queftion which fhall arife in the courfe of the trial, or Vpon the determinadon thereof, or upon any re- folution concerning the matter of the petition referred to them as aforefaid^ as foon as the faid fele^t committee fhall have heard the evidence and counftl on both fides relative thereunto, tlie room or place wherein they fhall fit fhall be cleared, if they fhall think proper, while the members of the faid feleft committee confider Qacftions to be thereof; and all fuch queftions, as well as fuch t^^'"^ ^^ "" determination, and all other refolutions, fhall be by a majority of voices j and if the voices chaii-m-.n to fhall be equal, the chairman fliall have a calling ^^^ ^ ^'^'"s voice. 28. Provided always, That no fuch determina- No determina- tion as aforefaid fhall be made, nor any queflion be b'e'*prei"c?-icV '^ propofed, unlefs thirteen members fhall be pre- fent; ipO lO GEORGII IJI. CAP. l6, nar any member fent ; and HO member Hiall have a vote on fuch to vote who has , • . , o • r i • not ntrendcd determination, or any other queltion or reiolution, every luting, ^j^^ |^.^^ ^^^^ attended during every fitting of the faid felefft committee. Oaths taken in ^o. And bc it fuither enaftcd, That the oaths the hdufe to be ... adininiiterea by by this a6t directed to be taken in the houfe, fhall be adminiftered by the faid clerk or clerk afiiilant, in the fame manner as the oaths of allegiance and fupremacy are adminiftered in the houfe of com- and tTiofe before mons ; and that the oaths by this ad diredled to Siti!iy"'t^; be taken before the faid feleft committee, ihall *^"''' be admiiiiilered by the clerk attending the faid Penalties en per- fcie6l, committce ; and that ail perfons who fliall ju V extended . ., . ..^ . ^ti«o. be guilty of wiirui and corRipt perjury in any evidence which they Ihall give before the houfe, or die faid feied: comm.ittee, in confequence of tlni oath which they fhall have taken by the di- rection of this act, fnall, on convict. on thereof^ incur and fufl'er the like pains and penalties to which any other perfon, convidted of wlltul and coriupt perjury, is liable by the laws and ftatutes of diis ]-ealm. Aa ta eon^^ue 30. And be it further cna6ted, That this aft fiiall continue in force i'cvcn years, and till the end of the feffion of parliament next after the ex« piration of the faid feven years, and no longer. A. D. 1770. fot fevca ^Gart ANNO 10 CEORGII III. CAP. 41. 191 ANNO lO^GEORGII III. CAP. 4I. Jyi. Acl to eUiible the Speaker of the Iloiije of Com- 7Mns to iffiie his Warrants to make out veiu Writs for tbe Choke of Members toferve in Parliament, in the Room of fitch Members as fhall die during the Reefs of Parliament. WpIERiJAS many Inconvenicncies have ' happened, and n?any dilbrders have been occa- fioncd, for want of more fpeedy elections of members of the houfe of commons, in the room of fuch who h^:ve died during the re- cefs of parhament: For remedy v:'hereof, be it cnadted by the king's moft excelJt^nt ma- jefty, by and with the advice and confent oi the lords l^)iritual and temporal and commons in this prefcnt parliament aiTembled, and by the au- thority of the fame. That, from and after the end After tiif en^ of ofthe prefent feiTion of parliament, it fhall and rnay f, ,n,^the'rpcai<-'- be lawful for the fpeaker of the houfe of com- eLmmlrlr-' mons for the time beinn;, during; the recefs of '''? "*^'"'"^' '":'>' parliament for miore than twenty days, whether making.mc v. ru» by prorogation or adjournment, and he is hereby t.ons. ' required to iiTue his warrants to the clerk of die crown to make out new writs for dealing mem- bers of the houfe of commons, in the room of fuch members who Ihall happen to die during fuch recefs of parliament, fo foon as fuch fpeiiker Ihali have had due notice of die deceafe of fuch members. 2. Provided always, That no fuch warrant fhall "'^'''"', T ^'= ■' ccitiiud by cw*- bc iniied by the fpeaker of the houfe of cora- mcmbcii mons 192 10 GEORGII III. CAP. 50, mons, unlefs the death of fiich member fhall be certified to him by two members of the houfe of commons, by writing under their hr^nds. 3. Provided always, and be it further ena<5led. That die fpeaker of the houfe of commons fhail forthwith, after the receipt of the certificate of the and not'ified by death of fuch member, caufe notice thereof to the fpeaker in i • 1 t i /-^ the London Ga- bc infertcd in the London Gaze'Lte, and fliall not iffue his v/arrant till fourteen days after the infertion of fuch notice in the Gazette; anything herein contained to the contrary notwithftanding. 4. Provided alfo, and be it further enaftcd. That - nothins; herein contained fliall extend to autho- Sp»3J:Fr not to j-j^e thc fbcak'er of the houfe of commons for the i.iue his war- . . . . - yanr, unlefs the time being, to ilTue his warrant to the clerk of ■atitror eieciion the crovvn to make out a new writ for the elefling Sember^le 3 mcmbcr of the houfe of commons in the room irought to the of any member dcceafcd, unlefs the return of the writ, by virtue of v^hich fuch member deceafed was elected, fhall have been brought into the of- 15, days before ficc of the clcik of the crown, fifteen days at the prJccdin/ M-^ Icaft beforc the end of the fefiion of parliament ''"* immediately preceding the deathof fuch member, A. D. 1770. ANNO lO"* GEORGII III. CAP. fC. An A^ for the further fr eventing Delays of Juflke by reafon of Privilege of Parlia-ment. WlIKRKAS the feveral laws heretofore made for reluaining the privilege of parliament, with refpcct to addons or fuks commenced and profc' Ij GEORGII in. CAP. 50. IrjJ profecut' _i at any time from and immediately after the dilTjiution or prorogation of any parliament, until a new parliament fhoiild meet, or the fame be .e-alTembled, and from and immediately a^icer an adjournment of both hoiifes of parlia- ment for above the fpace of fourteen days, until both houfes fhould meet or aflemble, are infuf- ficient to obviate the inconveniencies arifing from the delay of fuits by reafon of privilege of par- liament ; whereby the parties often lofe the bene- fit of feveral terms : For the preventing of all de- lays the king or his fubjeils may receive in pro- fecuting their feveral rights, titles, debts, dues, demands, or fuits, for which they have caufe, be it enadled by the king's moft excellent ma- jeft)'-, by and v/ith the advice and confcnt of the lords fpiritual and temporal and commons in this prefent parliament affembled, and by the autho- rity of the fame. That from and after the twenty- After 24 June, fourth day of June, 1770, any perfon or perfons L^7r''£l\t.n fhall and may, at any time, commence and pro- '^""'.'^^ °' '■"'"'''• •' ' J ' ^ equity, or ad- fecute any adlion or fuit in any court of record, m'raity, and . ^ . , , . courts having or court of equity, or of admiralty, and in all cognizance of c • • 1 J n • caulc'S matrimo- caules matrimonial and teitamentaiy, in any court „iai and tefta- havjng cognizance of caufes matrimonial and tef- ^eer,',^7ndTem- tamentary, againft any peer or lord of parliament bc" of the houre J ' o J i. -i or common';, ina of Great Britain, or againft any of the knights, t^^eir fervants, citizens, and burgeffes, and the commiffioners for ihires and burghs of the houfe of commons of Great Britain for the time being, or againfl; their or any of their menial or any other fervants, or any otlier perfon entitled to the privilege of par- liament of Great Britain j and no fuch aftion, N fuit. 1(^4- lO GEORGII III. CAP. 5c fiiit, or any other proccfs or proceedii/'T; there- upon, fhall at any time be impeached, fta'^ed, or delayed, by or under colour or pretence c ^ any privilege of parliament. 2. Provided neverthelefs, and be it further en - a(51:ed by the authority aforeiaid. That nothing in But the perfons this a£l fhall extend to fubje6l the perfon of any of of members of , ■■ . , . . 1 , ,^ , the boufe of the knights. Citizens, ana burgelies, or the ccm- toTaSfted"o°r Hiiffioners of lliires and burghs of the houfe of knprifoned. commons of Great Britain for the time being, to be arrefted or imprifoned upon any fuch fuit or proceedings. 3. And whereas the procefs by difrringas is di- latory and expenfive : for' remedy thereof, be it Court cut of ena6bed by the authority aforefaid. That the court, which writ pro- r 1 • 1 1 • j j 1 cecds, may order out 01 which thc Writ procccds, may order the ^S/andrn'oney iffucs Icvied from time to time to be fold, and the arifing thereby nfioncy aiifing thereby to be applied to pay fuch pay ccfts to cods to the plaintiff, as the faid court fliall think jufl, under all the circumftances, to order; and Surplus to be re- the furplus to be retained Until the defendant fhall tained till ap- , , , ~ ~ p^a ance of de- havc appeared, or other purpofe of the writ be fendaat, &c. c -i aniwered. v/hen purpofe is 4. Providcd always,. when the purpofe of the t" be'returne'd'; Writ Is anfwcrcd. That then the faid ifTues fhall be or, if fold, mo. returned; or, if fold, v/hat fliall remain of the ney rcma.mngco ' •' ■' be repaid. moncy arifing by fuch fale, lliall be repaid to the party diftrained upon. Obedience to 5* ^"^^ ^^ ^'^ further declared and enadted by the j-uic or" tiie court auchority aforcfald. That obedience may be en- ot king s bench, ■' ' ^ J Kommjn pleas, forccd to any Tulc ofhis majefly's courts 6f king's or exchequer, , , , 1 • n. may be eiujiccd bcnch, comiTion pleas, or exchequer, againlt any j^^ares mi. p^j-^^j^ entitled to privilege of parliament, by 1 diftrefs II CEORGIIIir. CAP. 42. 1515 tliftrefs infinite, in cafe any perfon or perfons en- titled to the benefit of fuch rule fliall chufe to proceed in that way. 6. And whereas an aft was made in the 12th and ^^ 12 and 13 . . . Will. 3. 13th years of the reign of king Wilhann the Third, intituled, * An acl for preventing any in- conveniencies that may happen by privilege of parliament -,' be it ena6ted by the authority afore- faid, That from and after the fidd twenty-fourth ^'"'^ ^^''' ^^ day of June, the faid act, and alfo this adl, fliall extend to that part of Great Britain called *?to/- "tended toS«/- land. . A. D. 1770. ANNO 11° GEORGII III. CAP. 42. yin Aol to explain and amend an A5f^ made in the lafi Sejfwn of Parliament ^ intituled, ' An A£l to regulate the Uriah of conti'overted Ele^ions, or Returns of Members toferve in Parliament.' *i Whereas an aa was pafTed in the iaft feffion of parliament, intituled, * An a6t to re- lo g^o. 3. gulate the trials of controverted eleftions, or re- turns of members to ferve in parhament;' And whereas further provifions may be neceffiiry to prevent all obftruftions and difficulties, which in certain cafes may arife in the execution of the faid a6t : Be it therefore enafted by the king's moil excellent m.ajefty, by and with the advice and confcnt of the lords fpiritual and temporal and commons in this prefcnt parliament r.llembled, and by the authority of the fame. That from and N 2 after 196 II GEORGII III. CAP. 42. After pafling after tlic pafTiHg of this a6l, if feveral parties, on piaTnt of aa u'n- diilincl intcrcfts or grounds of connplaint, fhall nodce and or£s p^^'cfcnt feparatc petitions, complaining of an un- to be given to ^^^^ elcclion, or return of a member or mem- parties and their ' agents. bcrs to fcrve in parliament, the fame notices and orders fhall be given to all fuch parties, or their refpedive agents, as by the faid aft are directed to be given to the fitting members, or the peti- tioners therein mentioned, or their refpedtive agents. ciaufcinaft lo 2. And be it fjrther enafted, That the claule ej!°' ^" '^'^^^^'" in the faid aft, which provides that no peti- tion (liall be taken into confideration within fourteen days after the appointment of the com- mittee of privileges, be repealed -, and that from henceforth no petition, complaining of an undue eleftion, or return of a member or members to ferve in parliament, Ihall be taken into confide- ration within fourteen days after the commence- ment of the fcfTion of parliament in which it is prefented, nor within fourteen days after the re- turn to which it relates, fhall be brought into the office of the clerk of the crown. If at the time of ^^ ^j^j ^y^ [r further enafted. That if at the time drawing, 49 '-' _ n.euib.--rs cannot of drawing by lot the names of the members, in manner prefcribed by the faid aft, the number of forty-nine members, not fet afide nor excufed, cannot be compleated, the houfe fhall proceed in die houfe to p:o- the manner they are direfted by the faid aft to ceed in manner ■, • v-i lir: i jj diredcd by aci prccecd, in cafe there be lels than one hundred ic Geo. 3. members prefent at the time therein prefcribed for counting the houfe ; and fo, from day to day, as often as the cafe fliall happen. 4. And II GEORGII III. CAP. 42. 197 4. And be it further enacted, That on die day On the d;.y ap- . ^ , . . . 1 • • r pointed for hc-ar- appointcd tor tai'Cing any petition, complaining of inj:convjiaint3of 1 1 n • ^ i." 1 unJue elections, an undue election, or return or a member or mem- bers to ferve in parliament, into confideration, the houfe Ihall not piocecd to any other bui^.nefs the houfc: Aaii . 1 r • r I ""t proceed to whatloever, except the Iweanng or members, other bufmefi previous to the reading of" the order of the day r'ading'the or- for that purpofe. '^-'' 5. And be it further ena6led. That ifthefeled: committee fhall have occafion to apply or report to the houfe, in relation to adjournment of the Manner of ad. faid felecl committece, the abfence of the mem- ledi committee. bers thereof, or the non-attendance or mifbe- ^ haviour of vvitnefles fummoned to appear, or ap- pearing before them, and the houfe fhall be then adjourned for more than three days, the faid fe- le6l committee may alfo adjourn to the day ap- pointed for the meeting of the houfe. 6. And be it further enafted. That if on a com- if f*n complaint plaint by petition of an undue election or return, tion, there niaii there lliall be more than two parties before the p!r't;cron"dTf- houfe, on diftinft intereil, or com.plaining or '"^'^ '"'^f^^» complained of upon different grounds, whofe right to be elefted or returned may be affefled by the determination of the faid feleft committee, each of the faid parties fnall fucceffively fLrike off '"'•^'^ r^''^y '^'^ •' ftrilccoftamem- a member from the forty-nine members to be bcr fi ,, the49, chofcn by lot, until the lame number be reduced tii reduced\'j 1 3. to thirteen, in the fame manner as by the faid aul is diredted for the ftriking off" a member alter- nately by the parties therein mentioned ; and tlie lifts of the forty-nine members chofen by lot fliall, for this purpofe, be given to all the faid parties, N 3 and 198 il GEORGII Iir. CAP. 4?. and the order in which the' fuid parties fhall To foikc off the faid members fnall be determined by lot after they are wididrawn from the bar, and in fuch cafe, neither of the faid parties (there be- ing m.ore than two) fliall be permitted to name a member to be added to the members fo drawn by lot as aforefaid ; but that as foon as the lift of When the Tift is thirteen members fhall be retvirned by the parties houS^ the 13 to the houfe, fuch thirteen members fliall imme- wSdraw • '° diately withdraw, and Ihall by themfelves chufe two members then prefent in the houfe, v/hofe nam^es fhall not have been drav/n, to be added to the faid and, within one thirteen members J andllialL within one hour from hour, report the ^ names of fuch the time of tlicir withdrawing, report the names of fuch two members to the houfe j which two members fhall be liable to be fet afide, on the like objeftions for which nominees may be fet afide by virtue of the faid a6t -, and in cafe fuch two In cafe fuch two mcmbers, or either of them, fhall be fet afide fet'tfidefley ^^'' ^^V ^f the caufes aforefaid, then the faid thir- iha 1 c'.iufe teen members fnall chufe one or two other mem.- others, until two arc not objcacd bcfs, as thc cafc fhall require, until two m.embers are chofen, againft whom none of the obje6lions to nominees mentioned in the faid a6l fnall he taken and allowed j and that the namics of fuch two members fnall be then added to tlie faid lift of thirteen members; and all the faid fifteen members fhail be fworn at the table, and they fhall be the felect comxmittee appointed for the purpofes exprefTed in this and the faid former aft. Where the no- J. And bc it flirthcr enafled. That where the I^St" \o be ^'^^^ nomdnees are by this ad dirccSlcd to be named II GEORGU III. CAP. 55. 199 ri- _ ^ . ^ be to the pcfiai- viclcd ; or if any perfon fnali unlavvfuiiy and cor- ties as tiireded , ^ , r i i i i ty ruptiy procure or luborn any rreenolder or otaer peifon to take the faid oath or affirmation, in order to be polled, whereby he iliali commit fuch wilful peijury, and lliali be thereof convifted, he and they, for every fuch offence refpcftively, fliall incur fuch penalties as are inilidled on per- fons guilty of perjury or fubornation of penury, in and by two afts of parliament, one made in Aa 5 rnz. anj the 5th year of the reign of Queen Elizabeth, (intituled, Anadtforpuniihing fuchperfons asihail procure or commit wilful perjury, or fuborn or procure any peifon to commit any wilful or cor- Act 2 Geo. 2. rupt peijuiy) s and the other miade in the 2d year of his late majefty's reign, (intituled, Anac5t for the more effectual preventing and further punifhmcnt of forgery, peijury, and fuborna- tion of perjury, and to make it felony to fteal bonds, notes, or other fecuritics for payment of mioney), contrary to the faid acts. Conftaiic to £. And bc it furtjier enafted by the autho- the^iav of the rlt)' ufutefaid, diat fuch conftable, or other proper rec.pt-thcrccf. ^^^^^ H CEORGII III. CAP. ^^. 203 o.^cer to whom any writ or precept fliall h? dire^b- ed for making any clc6lion for die faid borough, fiiuil, upon the reception of llich writ or precept, indorfe, upon the back thereof the day of his re- ceipt diereof, in the prefence of the party from whom he received fuch precept ; and Iliall forth- with caufe pubhc notice to be given v/ithin the faid borough of New Shorehami and at the to'wns of Bramber and Steyningy in the faid county of Sulfex, by fixing up a notice thereof in writing on the market houfes or on the doors of the churches of the faid towns, of the day of eleclion j and fhall proceed to election thereupon v/ithin the fpace of twelve days, and not lefs than eight days, next after his receipt of the fame precept. 6. And be it further cnacled, by the autlio- 2:ty aforefaid. That this a.6t fhall be publicly read the aa to bs at every election for the faid borough of Ne^co '"'^^ F'^i'!--iy- Shoreham, immediately after the a'Dis direded by any a<5l of parliam.ent to be read thereat, and before the perfons ^vekni Ihall proceed to make fuch eleclion. / , 1. ANNO 204 I- GEORGII III. CAP. 21. ANNO J2 GEORGir HI. CAP. 21. An AH: for ghnng relief in Proceedings upon Writs ^ Mandamus /cr the Adniiffion of Freemen into Corporations ; and for other Purpojes therein men- tioned. W HERE AS divers perfonsj v/ho have a right to be admitted citizens, bnrgeiTes, or free- men, of divers cities, towns corporate, boroughs, cinque ports, and places, v/ithin that part of Great Britain called Ens-land and Wa,les, beino- refufed to be admitLcd thereto, have, in many cafes, no other ordinary remedy to procure them- felves to be admitted to the franchifes of being citizens, burgeffcs, or freemen, than by writs of mandamus^ the proceedings on which are very dilatory and expenfive ; and, although any fuch writ of mandamus is obeyed, the perfon apply- ing is neverthelefs put to great and unneceffary trouble, delay, and expcnce ; and whereas by the lav/s now in being, in many cafes, no pro- vifion is made for giving cofts to the party fuing out any fuch writ where the fame is obeyed : For remedy whereof, be it enacted, by the king's moil excellent miajefty, by and with die advice and confent of the lords fpiritual and temporal and commons in this prefent parliament affem- bled, and by the authority of the fame. That AfterAuguft I, from and after the fiift day ofAuguft, 1772, 1772, any per- , a where I Id GEORGII III. CAP. 21. 205 where any perfon fliall be entitled to be admitted ^f" entitled to be ^ '■ ^ aumjttcd a citi- a citizen, burgefs, or freemen, of any fuch city, zun, &c. ofany , , • , c ty, and apply- town corporate, borough, cinque port, or place, ing to the mayor, and fliall apply to the mayor, or other perfon, poVe,"^ "'^*'"'^' officer, or officers, in fucli city, town corporate, borough, cinque port, or place, who hath or have authority to admit citizens, burgeiles, and freemen therein, to be admitted a citizen, bur- gefs, or freemen thereof; and fnall give notice, tice,' fpecityins fpecifying the nature of his claim, to fuch mayor, ciaim^i"' ^' or other officer or officers, that if he or they fhall not fo admit fuch perfon a citizen, bur- gefs, or freeman, within one month from the time of fuch notice, the court of kind's bench will be applied to for a writ of mandamus, to ^/ f"ch mayar, compel fuch admiffion \ and if fuch mayor, or '^" =*'^'"'' ^"<=h other officer or officers, fliall, after fuch notice, nundamui /haii refufe or negled to admit fuch perfon, and a writ pemng hVSl of mandamus Ihall afterwards ifiue to compel fuch ""^""» mayor, or other officer or officers, to make fuch admiffion, and, in obedience to fuch writ, fuch perfons fhall be admitted by the faid mayor, or other officer or officers, a citizen, burgefs, or freeman of fuch city, town corporate, bo- rough, cinque port, or place, then fuch per- fon fliall (unlefs the court ffiall fee juft caufe to the contrary) obtain and receive from the faid mayor, or other offixer or officeis, fo neglecting or refufing; as aforefaid, all the cofls to which t^"* ""r'^ topay '-' ail co.T',. he fliall liave been put in applying for obtain- ing and fcrving fuch writ of mandamus y and enforcing the fame, by a rule to be made by the court out of which fuch writ fl-]all ifllie, for the pay- 206 12 GEORGII III. CAP. 21. payment tlicreof^ togetlier with the cods of apply-* ing for, obtaining, ferving, and enforcing the laid rule ; and if the rule fo to be made iliall not be obeyed, then the fome fhall be enforced in fuch manner as other rules made by die faid court are or nizj be enforced by law. 2. And, in order that it may be known what . perfons are, from time to time, admitted frce- Fieemen to be -^ admitted to in- men or burgefTes of any city, corporation, bo- fpeft the entries , . i • r i o i i of admiiTion, TOugh, or cinquc port, be it further enacted by Spierthereof.'^ ^^^<^ authority aforefaid, That tlie m.ayor, bailiff, town clerk, or other officer of any city, corpo- ration, borough, or cinque port, having the cuf- tody cf, or power over, the records of the fame, V fhall, upon the demand of any two freemen or burgelTes, permit fuch freemen or burgeffes, and their agent or agv^nts, at any time whatfoever, betv/een the hours of nine in the morning and three in the afternoon, to infped the entries of admiffion of freemen, burgefles, or other infe- rior corporaters, and to take copies or extra 6ls therefrom, paying for every fuch infpeflion two iliillings and fix-pence j and for every fuch copy or extra6t, not exceeding feventy-two words, the fum of four-pence ; and fo in proportion for , ..^ all fuch copies or extracts : and if any mayor, Mayor, bsiliiT, ^ ^ r r &c. denying in- bailiff, town clcrk, or other officer, fhall refufe fpe£lion <..f' fuch , - . ^ _, . - ^ , entries, or to or deny die inipection or any luch entries, or to SrSirforet give copies or extrafts thereof, as before dired- ^c-Iiool"^'^"" '''^' ^''^ ^^ ^'^^y ^'^'^^'■^> ^'^^ ^^^^y fuch denial or refufal, forfeit and pay the fum of one hundred pounds to any perfon who fhall fue for the fame j to be recovered, -vvith full colls of fuit, by aftion of 14 GEORGII III. CAP. 15, 207 of debt, inanyofhismajdVs courts of record tj^'l^on^'f at Wcftminfter ; in which a6tion, it firall be fuf- ^^i''* ficicnt for the plaintifF to alledge in his declara- tion, that the defendant or the defendiunts is or are indebted to the faid plaintiff in the fum of one hundred pounds for money had and received to his ufe J provided that fuch aftion fhall be to be commenc- . . - cJ within one commenced within the Ipace or one year arter year after the the caufe of it fliali have arifcn, and not after- "jf.n. wards. A. D. 1772. ANNO 14° GEORGII III. CAP. I5. yf« y^iJ for mnkbig perpetual T-jvo ASis^ P^Jf^^ ^^ tkf loth and iith I'ears of the Reign of His prefent Majejly for regulating the Trials of con- troverted EleElions^ or Returns of Members to ferve in Parliament. Whereas an aa, paired in the loth year of the reign of his prefent majefty, intituled, * An i:6l to regulate the trials of controverted elcc- Aa loCco. 3. tions, or returns of members to fervc in pailia- mcnr,' which ad was made to condnue for a li- mited tim.e only; and whereas another a6l, pailcd ^^^ in the 1 1 th year of the reign of his faid ir.a- jefty, intituled, * An acl to explain and amend an aa h Gco. 3. act, made in the lad fcffion of parliament, in- tituled. An act to reflate the trials of contro- verted eleftions, or returns of members to ferve in parHamcntj' and whereas- the provifions of the (liid 2oS 14 GEORGII III. CAP. 58. faid recited a6ts are well adapted to procure to the commons of this realm a free and impartial trial of controverted elections of members to ferve in parliament, and have been found, by ex- perience, to be prafticable 'and beneficial: May it therefore pleafe your majefty that it may be enacted, and be it enacled by the king's mod excellent majeft}', by and with the advice and confcnt of the lords fpiritual and temporal and commons in this prefent parliament affembled, and by the authority of the fame, that the faid recited a6ls, paffed in the loth and nth years made perpetual of his prcfcnt majcfly, fhall be, and are hereby bythisaa. made, perpetual. a. d. 1774. ANNO 14° GEORGII III. CAP. 58. ^n A5i fcr rep ding an. A5i made in the Fir ft Tear cf the Reign of King Henry the Fifths and fo much of Jeveral A£fs of the Sthj lofh, and 2 2d Tears of King Henry the Sixths as relates to the Refidence cf Perfons to be elected Members to Jerve in Parliament ^ or of the Perjcns by ivhom they are to be chojen. V\ HEREAS an a6t of parliament was made in the firft year of the reign of king Henry tlie fifdi, ordaining and eftablifliing what fort of people fhall be chofen, and who fhall be the chufers of the knights and burgeffes of the par- AasHsa. 6. liamcnt ; and alfo an ad in the 8th year of the reign of king Henry the fixth, ordaining what fore Aa I Hen. 5. 14 GEORCII III. CAP. 5?. 209 fort of men fliall be chiifcrs^ and who fliall be chofen knights of the parliament ; and alfo an ad: in the loth year of the reign of his liiid majt;fty, Ad 10 Hen. 6. requiring certain things in him who fhall be a chiifer of the knights of parliament j and alfo an avrits for the choice of members to ferve in parliament^ in tlie room of fuch members as Ihall die during o the recefs of parliament,) the fpeaker of the houfe of commons is required to iflfue his war- rants to the clerk of the crown to make out new writs in the room of members who die during a recefs of parliament for more than twenty days, wliethsr by prorogation or adjournment, the deaths 15 CEORCII lit. CAP. 36. dlt deaths offuch members having been certified in writing to him under the hands of two members of the houfe of commons, and fourteen days notice being firft given by the fpeaker of the houfe of commons thereof, and of his intentions to ifllie fuch warrants, by inferting fuch notice in the London Gazette ; and whereas inconveniencies might arife if fuch notice fhould be inferted in the London Gazette, and fuch warrant fhould be ifllied by the fpeaker of the houfe of commons, in the cafe of the death of a member, which fhall not be certified to the Ipeaker of the houfe of commons fo long before the adlual meeting of the houfe of commons for the difpatch of bufinefs as that the faid notice may be inferted, and the fourteen dviys expire, before the faid meeting of the houfe of commons } or in tlie cafe of the death of a member againft whofe eleclion or re- turn a petition had been prefented to the houfe of commons, and was depending at the time of fuch prorogation or adjournment : For prevent- ing the fame, be it declared and cnafted by the king's mofl excellent majcfty, by and with the advice and confent of the lords fpiritual and tem- poral and commons in this prefent parliament afiembled, and by the authority of the fame, That i-xpianarlon of nothing in the faid a6l contained extends, or fhall * "^ ■*'^' ^''*''' ^*-'- 1 n , ■ ('^ct\ ti> the if- be conitrued to extend, to require the fjpeaker of luingotwritsfor the houle or commons to inlert notice in the in parliament London Gazette, or ifTue his warrant to make out a new writ in the room of any member de- ceafed, whofe death fhall not be duly certified to the fpeaker of the houfe of commons fo long be- fore the adtual meeting of the houfe of commons o 2 for 212 15 GEORGII III. CAP. 2^.' for the difpatch of bv.finefs as that the fpeakef of the houfe of commons may be able to infert no- tice thereof, and of his intention to ifTue fuch warrant, fourteen days at the leaft before fuch J meeting of the houfe of commons ; or for the eledion of a member to ferve in parliament for any county, fhire, city, borough, cinque port, of place, in the room of any member deceafed, againft whofe eledion or return for fuch county, fhire, city, borough, cinque port, or place, a petition had been prelcnted to the houfe of com- mons, and was atlually depending at the time of fuch prorogation or adjournment. 2. And whereas it would tend ftill further to pro- mote the purpofes of the laid a6t of the lothyear of his prefent majefty, and to prevent thofe in- conveniences and diforders which may be occa- fioned for want of more fpeedy cle6lions of mem- bers of the houfe of commons, if the provifions of the faid aft were extended to the cafes of mem- bers who fhall become peers of Great Britain, be it enafted by the authority afore faid. That from j.nd after the end of this prefent fefTion of parlia» Speaker to i flue ment, it fhall and may be lawfLil for the fpeaker durii!ra''re«f3. ^^ ^^'^ ^*^"^^ ^^ commons for the time being, dur- for clewing jj^gr fhc Fcccfs of parliament for more than twenty members in the *-' -i _ ' roomofthofcbe- days, whcther by prorogation or adjournment, conic peers of j i • . i • i • rr i • Cteat Britain, and lic IS hereby required to illue his warrants to the clerk of the crown, to make out new writs for elcfting members of tlie houfe of commons in the room of fuch members as fhall, during fuch • recefs, become peers of Great Britain, as foon as he (hall receive notice, by a certificate under the hands of two members of the houft of commons, •-' I that 15 GEORCII III. CAT. 2^. 213 that a writ of fummons hath bt-en iffiicd under the oreat ilai of Great Britain toiummon the faid niembL^is to parliament. 3. Provided ;r.".o, That afcer the receipt of fuch ceitificate, the like notice in the London The like nr.tice Gazette Hiall be given by the fpeaker, as is re- to b. gUcn as of cuixcd \n the cafe of members deccafed ; and "*^^^- fncli norice and warrant fhaii be fubjcct and hable to the lame excep:;ons and regulations as are re- quiicd by the laid aft and by this prefent adt, in the cale of nodces to be given, and warrants to be iiilitd in the room of members dying during a reccis. 4. And whereas it has appeared to the houfe of commons, that there was the mod .notorious b;ibery and corruption at the iaft eleftion of Hieinocrs to ferve in this preicnt parliament for tlic borough of Shaflcn otherwife Sbaftjjhary, in th- county of D^r/^/j and whereas in confequence theieof, arid until the houfe of commons fliall have an opportunity of making a further enquiry into the peifons concerned in the faid biibery and corrup:ion, the ho a fe of commons have provided, that no vvMC do illue for the clefting of a burgefs to ferve in parliament for the faid borough duiing the prefent feflion of parliament; but as it may happen that, during tlie next recefs of parliament, the ipeaker of the houfe of commons may, by virtue of the faid recited a6t of the icth year of his prefent majefty, be required to ilTue his war- rant to the clerk of the crown to make out a new writ for the electing of a brough of Shnftejlury ; and whereas the ifluiiig fuch wri;, during the next re- o 3 Gefs ton. ai4 20 GEORGII III. CAP. I. cefs of parliament, might tend to defeat thofe meafures which it may be proper to take in con- fequence of the faid notorious bribery and cor- ruption : Be it enafted by the authority aforefaid, Vikcr not to That the fpeaker of the houfe of commons fhall i/Tue any war- ^q^ j^g enabled, by virtue of the faid recited ad, rant, &c. for the _ ' •' ' irroazhot'Shjf- fo ilTuc his warrant to the clerk of the crown to make out a new writ for the faid borough of Shaftcn otherwife Shaftejhury, in the county of Dorjety during the faid next recefs of Parlia- ment. A. D. 1775. ANNO 20 GEORGII III. CAP. I. Jn a5l for holding the enfuing Ele^ton of a Knight cf the Shire for the County of Southampton, at the Town of New Alresford in the faid County, W'hEREAS by an ad, made in the «Geo. 1. %^ year of the reign of his late majefty king George the Second, intituled, * An ad for re- gulating the quartering of foldiers during the time of the ele6tions of members to ferve in parlia- ment,' it is enaded, That when and as often as any eledion of any member or members to ferve in parliament fliall be appointed to be made, the fecretary at war, or the perfon who fhall officiate in the place of the fecretary at war, fhall, at fome convenient time before the day appointed for fuch cledipn, ilTue and fend forth proper orders for the removal of all foldiers, who Ihall be quartered ox 20 GEORGII III. CAP. I. 215 or billetted in any city, borough, town, or place, where Rich eleftion fliall be appointed to be made, out of every fuch city, borough, town, or place, one day at leall before the day appointed for fuch eledlion, to the diftance of two or more miles from fuch city, borough, town, or place, and not to make any nearer approach thereto, until one day at the lead after the poll to be taken at fucii eledlion fhall be ended, and the poll books clofed, under certain penalties and difabilities in the faid a6l mentioned ; and whereas by an adt, 7 & 2 w. 3. made in the 7th and 8th years of king William the Third, for the further regulating elections of members to ferve in parliament, and for the pre- venting irregular proceedings of fherifFs, and other officers, in elefting and returning fuch members, it is enafted. That upon every elefticn of any knigt of the (hire, the fheriff Ihall hold his county court at the moft public and ufual place of eleftion, and where the fame has been ufually held for forty years ; and whereas an eledlion is foon to be held for a knight of the fhire for the county of Soulhampon^ and if not otherwife pro- vided for, will be held at the city of Winchef-' ter (being the ufual place for holding eledlions for the faid county) at which place many French and Spanifh prifoners are now confined, for the fafe keeping of which a number of troops or foldiers are abfolutely neceffary, and cannot be removed from thence without manifeft danger, as well to the inhabitantsof the fajdcity and all perfons reforting thereto, as to the public in general : Be it there- fore enadled by the king's moil excellent majefly, 04 by 21$ 120 XJEORGII III. CAP. I. by and with the advice and confent of the lords fpi ritual and tennporal and commons in this Enfumg dec- prcfcnt parliament alTembled, and by the autho- /./r" to' be Tfid rityofthe fame, that the faid eledion Ihall be trUZndtof begun and held at the town of New Alresford^ Winchepr. jj^ [}^e f^j,^ county of Southampton ; and that the county court for the faid county at which the faid eledion fhall be made (whether the fame county court be holden by adjournment, or otherwife) fhall be holden at the faid town oi New Alresfordy and not at Winchefter aforefaid; and the adjournment of the faid county co\irt, if any fuch has been made, and is now depending, to the faid city of Winchefter ^ or any other place, fhall be deemed and taken to be legally made to the faid town of New Alresford\ any law, ufage, or cuflom to the contrary notwithftanding j and the fheriff of the faid county, or his deputy, are hereby authorifed and required to adjourn the poll, from the faid town of New Alresfordy to Newport in the Ifte of Wight, in the manner diredled in and by an a6l made in the 7 th and 8th years of the reign of king William the Third, (intituled, An Aft for the further regulating eleftions of members to ferve in parhament, and for the preventing irregular proceedings of fherifFs, and other officers in the electing and returning fuch members,) in relation to adjourning the poll from the faid city of Winchefter, A. D. 1780. ANNO 20 GEORGIA III. CAP. ly. 21/ ANNO 20° GEORGII III. CAP. I7. An AlI to remove certain Difficulties relative to Voters at County Eleolions. W HERE AS the feveral laws now in being for afcertaining the rights of perfons claiming to vote in the eled:ions of knights of the fliire to ferve in parhament, for that part of Great Bri- tain called England, are difficult to be carried in- to execution, and great delays and inconveniencies have been occafioned by the numberlefs difputes which have arifen at county eleflions concerning fuch rights ; for remedy whereof, be in enafled by the king's moil excellent majefty, by and with the advice and confent of the lords fpiritual and temporal and commons in this prefent par- liament aflembled, and by the authority of the After jan. i, fame. That, from and after the firft day of Janua- to vote' at any ry, 178 1, no perfon fhall vote for the elefting l^n" England, 'or of any knight or knights of the fhire to ferve in ^'tL'ffeS parliament, within that part of Great Britain '" ^^^ land tax * -^ _ rir his qualifica- called England, or the principality of Wales, in ''o"' ^ months; r Ci. r rr 11 previous to the relpect ot any meltuages, lands, or tenements, time ot eieftion. which have not, for fix kalendar months next be- fore fuch eleftion, being charged or alTelTed to- wards fome aid granted or to be granted to his majefty, his heirs or fucceflbrs, by a land tax, (in cale any fuch aid be then granted and afTelT- able,) in the name of the perfon or perfons who ihall claim to vote at fuch eledion for or in rcipecl of 2l3 20 GEORGII II!. CAP. 17. of any fuch mefRiages, lands, or tenements, or in the name of his or their tenant or tenants, ac- tually occupying the lame as tenant or tenants of the owner or landlord thereof. Certain cafts to 2. Providcd alwavs. That this aft, with refped: wliich this a« . "^ , '■ ihaii not extend, to fuch rating and alTefTing as aforefaid, fhall not extend, or be conftnied to extend, to annui- ties or fee-farm rents (duly regifteied) ilTuing out of any melTuages, lands, or tenements, rated or affelTed as aforefaid : nor fhall the fame extend, or be conftrued to extend, to any perfon who became entitled to fuch mefluages, lands, or tenements, for which he Ihall vote, or claim to vote as aforefaid, by defcent, marriage, marriage fettlement, devife, or promotion to any benefice in a church, or by promotion to an office, within twelve kalendar months next Provided the bcforc flich clcflion ; but fuch perfon fhall be en- fiwtbnh'Jbeen tided to vote at fuch election, if the mefluages, h^^'f.x.'inttc lands, or tenements, for which he fhall vote, or name of his pre- (.j^jp^ ^q votc, as aforcfiid, have been, within deccftor, v.itiiin rwo y,srs before {--^q ycars next before fuch election, rated or af- tiie cleftion. , , , 1 • 1 r 1 r felTed to the land tax, in the name ot the perlon or perfons by or through whom fuch perfon voting, or claiming to vote, as aforefaid, fhall derive his title to the mefluages, lands, or tene- ments, for which he fhall vote, or claim to vote, as aforefaid, or in the name of fome predecefTor, within two years next before fuch eleftion, of fuch perfon chiming to vote in refpedb of any promotion to any benefice in a church, or pro- motion to an office, or in the name of the tenant or tenants of fuch perfon or perfons, fuch tenant or CO CEORCII III. CAP. 17. 2T9 or tenants actually occupying fuch mcfTuages, lands, or tencm('nts. 3. And be it further enafted, That the com- commi/rion-r, miOioncrs of the land tax for that part of Great Z dVlver'to \xT. Britain called England, or the principality of J^"'^""^ ^ ^'""''^ o ' x 1. J f'lrm or an nj- Wales, at their relpe6tive meetings held for ap- feT'»ent, wii» pointing alTeflbrs ot the land tax for the feveral an-mncnts ac parifhes and places lying within the divifion for ' '"" which fuch cominifTioners fliall aft, Ihall caufe to be delivered to each of the faid aflenbrs, a printed form of afiellnient, as fet forth in the fchedule hereunto annexed ; and the faid aflelTors are hereby required to make their afiTelTments ac- cording to the faid form ; and fhall make three duplicates of fuch afleffments ; and fhall (at leaft fourteen days before fuch aOefiment fhall be de- livered to the commiflloners of the land tax for the county, riding, or divifion, within which the parijfh or place for which fuch afleiTment fhall be made fhall lie) caufe one of the laid dupli- \ ^^T'lcitc of ' A aUeUmcnt!. to be cates, or a fiir copy thereof, to be (tuck up upon " "ck up on the one of the doors of the church or chapel of tlie rift church, &c. parifh or place for which fuch alTeffment fhall be made ; but in cafe fuch afleflinent fhall be made for an extra-parochial or any other })lacc, where there is not any church or chapel, then fuch af- felTment fhall be ftuck up upon one of the doors of the church or chapel in a parifh next adjoin- ing ; and if any perfon or perfons (renting, hold- ing, or occupying, any melfuages, lands, or te- nements, in any fuch parifn or place) fhall rent, hold, or occupy meffuages, lands, or tene- ments, belonging to different owners or pro- prietors, the fame fhall be feparately and diftindly rated 2,20 20 GEORGII III. CAP. I7. rated and afil'lTed in fiich afTtfrments, that the proportion of the land tax to be paid by eacli fe- parate owner or proprietor refpcclively may be known and afcertiincd ; and the faid duplicates fliall be delivered to th^ land tax commiiTionejs, at their meeting for the receipt of itircfiments -, and if Qualified per- the name of any ov/ner or owners of any melTu- fo;is, whole , J r 1 • n ' r;rne5 are o Tilt- agcs, lands, or tenement.^, m luchparilhor piacc, '"^ .'""rr^f!'!' entitled to vote a^ afotfaid, fliall not aDpear or be 0icnt3, may ap- ' x I peal to the com- includcd in f'.ich afleiTment, it fnall and may be- m-'ilnners j ^ _ •' lawful for fuch pei-lbn or p;;fons, by himfelf or themfclves, or by hii or theh agent or agents, to ap- peal to tJie commiirioncrs of the land tax, to whom fuch afieffrnents lliall be returned ; and every per- fon ib intending to appeal fhall, and is hereby re- quired to give notice theiecf in v.-riting to one or mo. e of the afll-ifors of the paiilh or place where- xvhft are to 2- in hc is rated J and the faid commiffioners, on I^'"tswhcJlde- fulFicient caufe to be fliewn, fnail amend the du- fcdtive. plicatcs of fuch afFeffmentb, by inferting therein the name or names of the a6lual occupier or oc- cupiers, and of the ov/ner or owners of fuch m.ef- fuages, lands, or tenements, or the perfon or perfons entitled to, or in the a6lual receipt of the rents, iiTues, and profits thereof, or by erafing the name of any perfon who Ihall appear to them AnanicndcJ du- to havc bccn improperly inferted therein ; and the tur'^^ed totheaf- faid commiffioners are hereby required to caufe Hvl'rcd To"* the ^"^ ^^ ^^^^ ^^^*^ duplicates fo amended (after the c'erk of the (^^q fh^ll be duly fin;ned and fealed by the faid peace at the next . jo j quarter fcffions. commilTioners, or any three of them) to be re- turned to the faid afTelTocs, or one of them -, and fuch afieflbrs are hereby required to deliver fuch duplicate^ fo amended, within ten days after the receipt \ 10 GEORGir III. CAP. 17. 221 receipt thereof, to one of the chief conilables of the hundred, lathe, or wapentake, within which the parifli or place for which fuch afleirment was made fliall lie, taking the receipt of fuch chief conftable for the fame, and which receipt fuch chief conftable is hereby required to give ; and fuch chief conftable is hereby alfo required to deliver fuch duplicate upon oath (which oath the faid magiftiates are hereby impowered to adminifter) without any alteration, at the next general quar- ter fefTions of the peace for the county, riding, or divifion, within which fuch afleffment fhall be made, in open court, the tirfb day of fuch {cC- fions, to the clerk of the peace attending fuch feirions, to be by him filed and kept amongft the records of the fefTions. 4. And be it further enafted. That if any afTcf- ibr fhall negledl to deliver fuch duplicate fo amended, to fuch chief conftable as aforefaid, or if fuch chief conftable, to whom the fame fliall he delivered, fhall negled to deliver the fame to fucli clerk of the peact^, at the next general quarter fefTions of the peace as aforefaid, or fhall wilfully alter or deface any fuch duplicate j eveiy fuch af- Pcr^ahy on af- fefTor and chief conftable fo offending fhall, for fhaii alter Qrncg- every fuch offence, and for every fuch duplicate ^^^ dupiicte'll fo negledied to be delivered as aforefaid, forfeit the ^^'"''' '^'"'^"^' fum of five pounds, to be levied and recovered in the manner herein- after mentioned. 5. And be it further enafted. That at the Mi- i^ ^lerk of thp. •chaelmas fefTions in every year, the clerk of tlie rtc.^ivf aii chi: peace, or his deputy, attending fuch fefTions, in thrS^ot mu , every county, riding, or divifion, as aforefaid, fhall, fj^.'^X^Zl before i^*"' immediate- 222 10 GEORGII III. CAP. IJ- ly fine the chief beforc the conclufion of fuch fefllons, examine ing default. whether the duplicates of all the aflelTments within fuch county, riding, or divifion, fhall have been delivered for that year ; and if it Ihall appear that any fuch duplicates have not been received by or delivered to fuch clerk of the peace, or his deputy, by the proper chief conftables, then and in fuch cafe fuch clerk of the peace, or his deputy, fliall report the fame to the court, and the court iTiall immediately fet and impofe the faid fine or fines of five pounds upon fuch chief conftables, for the hundred, lathe, or wapentake, within which the parifti or place for which fuch duplicate or duplicates, of the affelTment or afleft*- ments not returned ftiall lie i and the faid clerk of the peace, or his deputy, fliall give to fuch chief conftables immediate notice of fuch fine or fines ; and if the fame is or are not immediately paid, thejuftices aflembled in the faid quarter feftions fliall, by order of court, ifiTue a warrant On figure of of diftrcfs for the recovery thereof, directed to marb"ievied"by thc conftablc or conftablcs of the refpedtive pa- diftreu. riflies or places where fuch chief conftables fliall live ; and fuch warrant fliall be delivered or tranf- mitted by the clerk of the peace, or his deputy, to fuch conftables, or one of them, v/ho is and are hereby required to levy fuch fine or fines, by diftrefs and fale of the goods and chattels of fuch chief conftables, rendering the overplus (if any) to the owners of fuch goods and chattels, after deducing the reafonable charges of fuch diftrefs. In cafe chief 6. Providcd always. That if fuch chicf conftablcs oatii that aflef. fliall voIuntarlly make oath at fuch feffions that fuch aOGEORCII III. CAP. 17. 22J fuch duplicate or duplicates was or were not de- ^''" "(^g'.'-«<' CIO GEORGII III. CAP. I7. 227 hiifband, fuch fccond hiifband fliall be entitled to vote in refped of llich dower or thirds, if fuch dower or tliirds fliall be of the clear yearly value of forty {hillings, or upwards, although the fame has not been adigned or fct out by metes or bounds, if fuch fecond hufband (hall be in the aftual receipt of the profits of fuch dower, and the eftate from v/hence the fame ifTues is rated to, and contributes to the land tax in the name of the aclual owner of the lands or tenements, from whence fuch dower or thirds arifes or iiTues. 1 3. And be it further enafted by the authority aforefaid, That it fhall and may be lawful for all and every perfon or perfons, at all feafonable times, to refort to and infpeft the fiid duplicates, D'-'p''cates may '■ ■•• "^ be inipeaed. or any part thereof, in the hands of fuch clerk of the peace, or his deputy, paying for eveiy fearch into, or infpeftion of, fuch duplicates, or any part thereof, one fhilling, and no more -, and the faid clerk of the peace, or his deputy, is hereby cicrk of the required and direfted, upon demand, to deliver figneJ copies of a true copy or copies of all fuch duplicates, or dsmlndr' of fuch part or parts of them, or any of them, of which a copy fhall be demanded, to any perfon or perfons who fhall demand or defire the famie, (fuch copy or copies to be figned by fuch clerk of the peace, or his deputy, purporting the fame to be a true copy or true copies,) and for which copy or copies fuch clerk of the peace, or his deputy, Ihall be paid at and after the rate of fix- ^^^ ^-"e p^""* r J ' r txj. fg^ every pence, and no more, for every three hundred 3-0 ^oids. words or figures, and fo in proportion for any p 2 leflcr 228 20 GEORGII III. CAP. I7. leffer number of words or figures ; which faid duphcates, and alfo a true copy of them, or any of them, or any part of them, figned as afore- faid, and alfo the duphcate of any afleflinent in the pofleffion of the commiffioners of the land tax, or in the pofTeflion of the receiver- general of the county, or a copy of the faid duplicates, figned by fuch commiffioners, and purporting Dupricates, &c. the fame to be a true copy, fhall, at all times gal evidence. and in all places, be allowed and admitted as legal evidence of fuch afTeiTments, certifi- cates, memorials, and books of entries, in all cafes whatfoever ; and fuch copy fhall be deliver- ed in a reafonable time after the fame lliall be demanded. 14. And be it further ena6bed by the authority Clerk of the aforcfaid. That fuch clerk of the peace of every peace, or his dc- _ ■T •' put), to attend county, Hding, or divifion, in whofe office fuch •r a knight of duplicatcs lliall be filed as aforefaid, or his de- originardu^i- P^'tyi ffiall, upon reafonablc notice, attend at catcs, at the re- gy^j-y elcftion of 3. knio;ht or knights of the ffiire queft ot anycan- ■' & £d *date : for fuch county, with the faid original duplicates, at the requeft of any candidate, or the agent or agents of any candidates s the perfon or perfons requefting the fame making fuch clerk of the peace, or his deputy, a fatisfaftion for fuch at- Staeh cana]Jatc tcndancc, at and after the rate of two guineas for jw. fo?cachday '1 cach day of his attendance at fuch elc6lion, to- •ttcaaance, and or^thcr with an allowancc of one fhilline; and fix- is. ud. per miic D D for travcUing pcncc 3. mile for the cofts and charges he may be at, or put unto, in his journey from the place of his abode to and from the place of fuch elec- tion. 15. And 20 GEORGII III. CAP, I7. 229 I c. And be it further enafted, That after ifTu- Afteriffuingany J _ writ far eicaion incany writ or precept for the eledtion of a knight ^^ ^ county ^ ^ r , n • r • , member, the or knights of the fliire for any county within that clerk of the part of Great Britain called England, or the do- t^nTgrJis, from minion of Wales, the clerk of the peace, or his IZrVlt/?.'. deputy, fhall, and he is hereby required to at- ""^^^ ^* '*"; ■•^ ^ ^ T. county are ufual- tend, gratis^ from day to day, from the hour of 'y i^^fpt, to make nine in the forenoon to three in the afternoon, in cates, uc. each day, at the place where the records of fuch county, riding, or divilion, are ufually kept, from the time of the delivery of fuch notice to the day immediately preceding the day of eleftion of fuch knight or knights, for the purpofc of re- ceiving applications for the infpeftion of fuch duphcates, and for making copies of them, or any of them, or of fo much of them, or any of them, which he fliall be requefted to copy as aforefaid. 16. Andbe it further enacted. That if any clerk of the peace, or his deputy, fhall negledl or refufe to permit fuch duplicates, or any of them, or any part of them, or any of them^ to be infpe6led by any perfon or perfons who fhall requefl the fame as aforefaid, or fliall negleft or refufe to deliver any copy or copies of the fame, or any part there- of, within the time before mentioned, or fhall ne- gledl to attend as aforefaid at the place where the records of fuch county, riding, or divifion, are ufually kept, or at any county eleftion, with fuch duplicates, in purfuance of the diredions of this aft: every fuch clerk of the peace, or his de- Pfnaityoncierk ■' -^ of the peace, or puty, fliall, for every fuch offence, forfeit the jus deputy, mak- fum of five hundred pounds to the party ag- p 3 grieved* 230 20 GEORGII III. CAP. I7. Aftion to be grlevcd, provided fuch aftlon is brought within twomonthsr&c. two moiiths after the offence Hiall have been com- mitted ; and if no fuch action fnall be brought within the faid ume, then tp any perfon who fliail fue for the fame in the manner herein-after men- tioned ; and fhall alfo forfeit his office of clerk of the peace, or deputy, the fame to be abfolutely void on fuch clerk of the peace, or his deputy, being ccnvi^ed of fuch offence j and fuch clerk of the peace, or deputy clerk of the peace, fhall be I endered incapable of being again appointed a clerk of the peace, or deputy clerk of the peace, or of a6ling as fuch, in or for any county, rid- ing, ordivifion, whatfoever. 17. And be it further enabled by the authority r^nin^veS a^o^faid. That final judgement upon any verdid ag:i;nftac:erkof fo be obtained ao;ainft fuch clerk of the peace, the per.cT, fhall ^ r » be desme.i fa.fi- or dcputy clcik of the peace, for the recovery ' * ' of ibch forfeiture, fhall be deemed and taken to be a fufficient convidion of fuch offence, without any other profecution or convidion whatfoever; and immediately after fuch judgement, the faid ofnce of clerk of the peace, or deputy clerk of the peace, fhall be abfolutely void, to all intents £n:l purpofes whatfoever. iS. And be it further enafted by the authority Penalt es how to rr-j'-r->T ^ r r • be recovered. aiorelaid. That the forfeitures or penalties laid or impofed againfl fuch clerk of the peace, or de- puty clerk of the peace, by this acSt, fliall and may be recovered, with full cofls of fuit, by ac- tion of debt, bill, plaint, or information, in any of his majefty's court of record at Weftmin- fter, wherein no effoin, protection, or wager of law, 20 CEORCir III. CAP. 17. 231 law, or more than one imparlance, fliall be al- lowed. 19. Provided always, and be it further enaded and declared. That no perfon fhall be liable to any forfeiture or penalty' by this afl laid or impofed, unleli. profecution be commenced withtn twelve Profccutions to ... , f. - . ~ - . be commenced kalendar months next arter lucn lorfeiturQ or pe- within twelve nalty fhall be incurred. a. d. 1780. '""'^^ =• FORM OF ASSESSMENT. Ccuitty c/"N For the par In tbejaid county '"^'^''•■7 An affefTment made in piirfu- wnty. y ance of an a6l of parliament, pafTed in the year of his majefty's reign, for granting an aid to his majefty by a land tax, to be raifed in Great Britain, for the fervice of the year 1 7 Form of afleCT- ment. Nam«s of Proprietors. Names of Occupiers. A. B. — A.B, — E. F. — CD. — I.K.l — and L.M.- IE p. 244- ^^ GEORGII III. CAP. JT. Malmfbury, and Kingfbridge, or any one or more of them, in the county of Wilts, and have a freehold eftate, confiiling of [fpecifying the nature thereof; and if it confifts in mefTuages, lands, tenements, or tithes, ia whofe occupation the fame are ; and if in rents, the names of the owners or pofTeffors of the tene- ments out of which fuch rent is ifiliing, or fome of them], fituate, lying, or being at in the aforefaid hundreds or divifions, or in one or more of diem, of the clear yearly value of forty fhiliings, over and above all rents and charges payable out of, or in refpeft of the fame ; and that I have been in the aftual polTeirion or receipt of die rents and profits thereof, for my own iife, above twelve kalendar months, [or, that the Hime came to me within the time aforefaid by defcent, marriage, marriage fettlemaCnt, de^ vife, or promotion to a benefice in a church, or . by promotion to an office] ; and that fuch freehold efcate has not been granted or made to me fraudu- lently, on purpofe to qualify me to give my vote ; and that the place of my abode is at in , and that I am twenty-one years of age, as I believe, and that I have not been polled before at this eledlion." Which oath, or folen-!n affirmation, the proper officer, to Vy'Jiom the return of any writ or precept for fuch election fhall belong, is hereby required to adminilier : And in cafe any freeholder, or other pcrfon taking the laid oath or affirmation Jiereby appointed, fnail thereby commit wilful perjury, and be thereof convitted; or if any perfon Ihall 21 CEORCII III. CAP. 31. 245 fhtiU unlawfully and corruptly procure or fuborn any freeholder or other perfon to take the faiJ oath or affirmation, in order to be polled, where- by he fl-iall commit fuch wilful peijury, and fliall be thereof convided, he and they, for every fuch P<:"'^'r on com- _ •^ _ mitting pcijury, offence rcfpccStively, fhall incur fuch penalties as or lubomjuou are infli«3:cd onperfons guiky of perjuiy, or fubor- nation of perjury, in and by two a£ls of parliam.enc one made in the 5th year of the reign of queen Eliza- As by 5 ei;z. beth, intituled, An a6t for punifliing fuchperfcns as Ihall procure or commit wilful perjury, or fuborn or procure any perlon to commit any wilful or cor- rupt perjury; and the other, made in the 2d AvAzCco.z, year of the reign of his late majcfty king George the Second, intituled, An aft for the more ef- .feftual preventing and further puniflim.ent of for- gery, perjury, and fubornation of perjury, and to make it felony to fteal bonds, notes, or other fecurities for payment of money, contrary to the faid acls. 5thly. And be it further enaftedby the authority aforefaid. That fuch proper officer, to whom, any How officer t» ■writ or precept fliall be direded for making any ceSg an" J/it cleftion for the faid borough, fliall, upon the f'^'^ <=''-'^^'*^"- receipt of fuch writ or precept, indorfe upon the back thereof the day of his receipt thereof, in the prefence of the party from whom he received fuch precept, and fliall forthwith caufe public notice to be given within the laid borough of Cricklade, and the feveral to'vvns of Highwordi, MalmJbury, Swindon, and Wotton BalTet, by affixing up a notice thereof in writing on tha Q, 3 m^rke;- Z^6 22 GEORGII III. CAP. 4I. market-hoiifes, or on the doors of the churches of the fiid towns, of the day of ele6»:ion i and Ihall proceed to eieftion thereupon within the fpace of twelve days, and not lefs than eight days, next after his receipt of the fame precept. 6thly. And be it further enafted by the authority This aa to be aforcfaid, That this acl ihall be publicly read at anyek'diion. cvcry cledion for the faid borough of Cricklade, immediately after the a6ls direfted by any z6k of parliament to be read thereat, and before the per- fon^ prcfent fhall proceed to make fuch election. A. D. 1781. ANNO 22° GEORGII III. CAP. 4I. ^n Acl for better Jecuring the Freedom of Ele^ions of Members tojerve in Parliaments by difcbling cer^ tain Officer s^ employed in the ColleSiion or Manage- ment of His Majejifs Revenues^ from giving their Votes at fuch Ele^ions. r* OR the better fecuring the freedom of ■ elections of members to ferve in parliament, be it enadled by the king's moll excellent majefty, by and with the advice and confcnt of the lords fpiritual and temporal and commons in this pre- fent parliament aliembled, and by the authority iJsT, n"^co.n- of the fame. That from and afcer the firft day of S''"empio"rd of AugLift, 1782, no commiffioner, colleftor, in a)i!eai!ig or fupcrvifoi*, gauQ;er, or other officer or pcrfon jnanagiDi; the ^ 'DO' r duties or excifc, whatfocvet, concerned or employed in the chaig- cuftjn:, &c. . 1, • 1 • • 11- {h„:j have any ing, collccting, levying, or m^anagmg the duties vote in the eirc- -C inn ./" mcmb'.rs of pariiameut. 22 GEORGII III. CAP. 4I. 24/ ofexcifc, or any branch or part tliereof; nor any cnmmifTioner, collecftor, comptroller, fearcher^ or other officer or pcrfon whatl^jever, concerned or employed in the charging, colle6ling, levying, or managing the cuflom^s, or any branch or part thereof i nor any commilTioner, officer, or other perfon concerned or employed in collefting, re-' ceiving, or m.anaging, any of the duties on ftamped vellum, parchment, and paper, nor any perfon appointed by the commiffioners for diftiibuting of llamps J nor any commiffioner, officer, or other perfon employed in colledting, levying, or ma.-i3ging any of the duties on fait ; nor any fur^ veyor, colleciitor, comptroller, infpedlor, officer, or other perfon employed in coUecfting, manag- ing, or receiving the duties on windows or houfes j nor any poitmafter, pollmailtrs general, or his or their deputy or deputies, or any perfon em- ployed by or under him or them in receiving, col- ledling, or managing the revenue of the poll- office, or any part thereof; nor any captain, mailer, or mate of any fiiip, packet, or other veflel employed by or under the poftmafter or poilmafttrs general in conveying the mail to and fiorn foreign ports, ffiall be capable of giv- ing his vote for the ele■ ""- •' . . ^ . tinuing to hold truft for him, or for his ufe or benefit, or on his any contraa af- ^ y. . tcr the com- account, enter into, accept ot, agree ror, under- ipenccment of take, or execute, in the whole or in part, any htsfear^aii be fuch contraft, agreement, or commifTion, as ^°"^' -aforefaid j or if any perfon, being a member of the houfe of commons, and having already en- tered into any fuch contra6t, agreement, or com- mifiion, or part or fhare of any fuch contrac]:, agreement, or comm.ifTion, by himfelf, or by any other perfon whatfoever in trull fur him, or for his ufe or benefit, or upon his account, lliall, after the commencement of the next fcITion of parliament, continue to hold, execute, or enjoy the fame, or any part thereof, the feat of every fuch perfon in the houfe of com.m.ons fhall be, and is hereby declared to be void. 3dly. Provided always, and be it ena<51:ed, That nothing herein contained fhall extend, or be conftrued to extend, to any contrafr, agreement, Not to extend . _. , ^ . . 1 *" incorporated or commiJIion made, entered into, or accepted, trading Con>p-. by any incorporated trading company in its cor- porate 2.52 22 GI-ORGII III. CAP. 45, porate capacity, nor to any company now exift^ ing or eftablillied and confifting of more than ten perfons, where fuch contrad, agreement, or commiiTion, fhall be made, entered into, or ac- cepted, for the general benctit of fuch incorpo- ration or company. 4thly. Provided alfo, and be it ena£ted, That Not to extend nothing in this acl contained Iliali extend, or be Sady"made for conftrucd to extcnd, to anv contrad, agreement, me year. ^j. commiiiion, made, entered into, or accepted, before the paffing of this a6t, the term whereof will expire in the fpace of one year from the time of making thereof. 5thly. Provided alfo, and be it enafted. That ciaufe relative to whcrc any contracl, agreement, or commJITion, *^rrnof to'^e'x? ^^^ becn madc, entered into, or accepted, with pire until a ^ provifion that the fame fhall continue until a year's notice be *■ _ given. year's nodce be given of the intended diiTolution thereof, the fame fhall not difable any perfon from fitting and voting in parliament until one year after the faid notice fnall be aftually given for the determination of the faid contrad, agree- ment, or commiffion, or till after twelve ka- lendar months, to be computed from the time of paffing this aCi. 6thly. Provided alfo, and be it cnafted. That Nor to extend f. nothing Iicrcin contained fliall extend, or be con- r«nt"'l-c'' until ^^^d ^^ extend, to any perfon on whom, after after 12 months fhc paffing? of tliis aft, the con-;pleticn of anv yoffeflion. ^ ° .^ contract, agreement, or commifTion, fiiall de- volve by defcent or limitation, or by ir.arriage, tr as dcvifec, legatee, executor, or adiraniftra- tor. !22 GEORCIt III. CAP. 45. 253 tor, until twelve kalendar months after he fhall have been in poflefllon of the fame. 7thlv. Provided alfo, and be it enafted. That Members hoid- ' _ jng contracls any perfon who is now a member of the houfe mav be difciiarg- f. 1 I I 1 1 • r ^ ^^ therefrom on or commons, and holds and enjoys any luch giving 12 montha contradl, agreement, or commiffion, as aforefaid, "°^"* may be difcharged from the execution thereof on giving twelve rrontns notice to the perfon or perfons with or from whom fuch contradl, agree- ment, or commifTion, is made, entered into, or accepted, of his defire that the fame fhall ceafe and determine ; and fuch contradl, agreement, or commiiTion, after the expiration of the term aforefaid, fliall be null and void. 8thly. Provided alfo, That if any perfon ac- ciaufe relative tually pofleilcd of a patent for a new invention, ntw^'inveptLna! or a prolongation thereof by ad of parliam^ent, and having contrafled with government concern- ing the objeft of the faid patent before the pafTing of this a6t, fhall give notice of his intention to diffolve the faid contract, the fame fliall be null and void from the time of eivino: fuch notice. 9thly. And be it further enabled by the autho- rity aforefaid, That if any Derfon hereby difablcd, if any perfon or declared to be incapaole to nt or vote in par- ed, /hr-.ii be eiea- iiamenr, fhall neverthelefs be returned as a mem.- tir'n Lai be " ber to ferve for any county, frewartry, city, bo- '"""*' rough, town, cinque port, jr place, in parlia- ment, fuch election and return are hereby enacted and declared to be void ; and if any peifon, dif- D-f^bifd ?rrf-ns abled and declared incapable by this a6l to be the h..i.fc of ^1 XX J n ;■! r , ,. , . /- r r-^ Commons aft-r cieaed, ihall, atter ,t{"ie end or tni3 prelcnt lelnon d.is fdrmn, AuU r forfeit 5 led comn;ittee, be further reduced to eleven, it STfcpo'u '* fhall be lawful for the houfe of commons, upon application made to them for that purpofe, to authorize and direft the faid fele6l committee to proceed in the matters referred to them, and re- port upon the fame ; which report fliall be deem • ed to be as vahd as if the number of the faid fe- led committee had not been reduced to eleven i any thing in an a6l miade in the loth year of the reign of his prefent majefty, intituled, An a6l to regulate the trials of controverted eledlions, or returns of m.embers to ferve in parliament, to the contrary thereof in any v/ife notwithftand- ing. A.D. 1785. ANNO 25" GEORGII III. CAP. 84. Ai Atl to limit the Duration cf Polls and Scrutinies , and for making other Regulations touching the Election of Members to ferve in Parliament for Places within England and IValeSy i^.idfor Ber-* wick upon '^tweed j and alfo for removing Diffi- culties which may arife for want of Returns being made of Members to ferve in Parliament. r OR die better regulation of polls and fcru- tiaies, be it enaded by the king's moft excellent R 4 majefty. 0,64. 25 GEORGII III. CAP. 84. majeily, hy and with the advice and confcnt of the lords fpir^tual and temporal and commons in this prel'ent parliament aiTembled, and by the aii- From Aug. r, thoritv of the fame. That, from and after the firft 17S5, every poll r n 1 i • mu ft commence, day of Augufl 1785, cvcry poU which fhall be at the lateft, the , , 1 n," r 1 day after it is de- demanded at any election tor a member ormem- br'sunday,'tnd ^crs to (crvc in parliament for any county, city, muft not conti- borough, or Other place, within England, Wales, nue more than o ^ o ' 15 days. or for the town of Berwick upon Tweed, fhall commence on the day upon which the fame fhall be demanded, or upon the. next day at fardieft, (unlefs it fliall happen to be a Sunday, and then on the day after s) and fliall be duly and re- gularly proceeded in from day to day (Sundays excepted) until the fame be finiflied, but fo as tliat no poll for the eledbion of any member or members to ferve in parliament, fhall continue more than fifteen days at mofl (Sundays except- ed) J and if fuch poll fhall continue until the fif- teenth day, then the fame fhall be finally clofed at or before the hour of diree in the afternoon of the fame day ; and the returning officer or offi- Return to be ccrs at cvcry fuch eledlion fhall, immediately, of the poll, or or on thc day next after the final clofe of the uniefsTfcrutJny poUj tfuly, fairly, and publicly declare the IS demanded. name or names of the perfon or perfons who have the majority of votes on fuch poll, and fhall forthwith make a return of fuch perfon or per- fons, unlefs the returning officer or officers, upon a fcrutiny being demanded by any candidate, or any two or more eledors, fliall deem it neceffary to grant the famej in which cafe, it fhall and rpay be lav/ful for him fo to do, and to proceed there- 25 GEORGII III. CAP. 84. 2^5 thereupon, but fo as that in all cafes of a general Regulations for , ^. . „ „ , . making returns elccticn, every returning ofncer or omcers having in cafe of a fcru- the return of a writ, (hall caufe a return of a ^"'^' member or members to be filed in the crown of- fice on or before the- day on which fuch writ is returnable ; and every other returning officer or officers, a<5ling under a precept or nandate, fhall make a return of a m.ember or mt mbers, in obe- dience to fuch precept or mandate, at leaft fix days before the day of the return of the writ by virtue of which fuch ele<5lion has been madej and fo that in cafe of any eleftion, upon a writ ifilied during a f^ffion or prorogation of parliament, and a fciiitiny being granted as aforefaid, then that a return of a member or members fnall be made within thirty days after the clofe of the poll, (or fooner, if the fam^ can conveniently be done). adly. And be it enafted. That whenever a fcru- tiny fhall be. granted as aforefaid, and there fhall be more parties than one objecting to votes on objeaions tr> --,-•., . -^ . voters to be de- lucn Icrutmy, the returnipg officer or returning cided aitema- officers, fliall decide alternately, or by^turns, on the ^''^'^' votes given for the different candidates who fiiall be parties to fuch fcrutiny, or againil whom the fame fhall be carried on. jdly. And, in order that eledlors may have fi.ill time and opportunity to poll, be it enaded. That all and every returning officer and officers, un- lefs prevented by any unavoidable accident, fhail, during the continuance of the poll, on every day fubfequent to the commencement of the fame, caufe -66 Q5 GEORGII III. CAP. 84. Tpel. L'l^hoS ^^^"^^ ^'^^ '""^^^ P<^^ t^ ^^ ^^^P' open for feven hours •^b- at die ]cafL in each day, bcaveen. the hours of eight in the morning and eight at night. 4thly. And whereas inconveniencies may arife from the time allowed by the laws now in being for proceeding to an ele6Lion of a knight or knights to ferve in parliament, for any county or ihire in England or Wales; be it enacted, Thar, immediately afcer the receipt of the wiit for making any iuch eleftion, and indorfing on the back thereof the day of receiving the fame, as by law required, it fhall and m^ay be lawful for die fherifn of fuch county or iliire, and he is v/ithb two days hereby required, within two days after the. receipt after receipt cf , /- - , . , , , the writ, procia- thercot, to cauic proclamation to oe made at tne !!!!rofthedec- pk-ce where the enfuing eledlion ought by law to tion, which muft ]^q holden, of a fpeciai countv cjurt to be there begin between -C •' the io:h and holden for the puipofe of fucli elcdlion only, on 16th davs after o i r 1 proclamation. any day, Sunday excepted, not later irom the day of m.aking fuch pioclamation than the fix- teenrh day, nor fooner than the tenth day; and that he fnall proceed in llich eleftion, at fuch fpeciai county court, in the faiTxC manner as if the faid elecbion was to be held at a county court, or at an adjourned county court, according to the lav/snow in being: provided always. That the ufual county court for all ocher purpofes, or any adjournment made thereof, lliall take place, be held, and pioceeded in, by the flierifF, or his deputy, and may from time to time be further adjourned and proceeded in, in fuch and the fame manner, and at the fame times and places, as if the 1^ GEORGII III. CAP. 84. 267 the writ for the eleftion of a knight or knights of the fliire had not been received. 5thly. And whereas, although from the various and difputed rfghts of voting in fevera! cities, bo- roughs and other pk'.ces, a pofitive oath of qua- lification cannot be required from the eleftors, yet it is apprehended that unquahfied pei fons may- be deterred from polHng at fuch eleftions, under fidlitious names or otheiwife, by requiring from ele(5bors previoufly to tlieir poDing, the oath or affirmation herein-auer mentioned j be i: there- fore further enabled, That, from and after the faid firfl day of Auguft, 1785, upon every elec- tion to be made, within that part of Great Bii- tain called England, or Wales, or town of Ber- wick upon Tweed, of any member or members to ferve in parliament, in all cafes where no oath or affirmaiion of qualification, odier than the oaths or affirmations againft bribery, or of alle- giance, fupremacy, and abjuration, can now by law be required, every peifon claiming to give his vote at the faid eledtion, fhall (if required An oath to be . ^ . t.iken previoui by any candidate, or any perion having a right to pomn-. to vote at fuch eledlion), before he is admitted to poll, take die oath (or, being one of the people called ^lakerSy make the iclemn affirma- matijn) following; (that is to fay), " I do fwear, (or hem? a ^laker^ do affirm,) xaeoath That my name is A, B. and that I am [fpecifying the additionj ■prcfejp.cn, or trade of fuch ^per/oilf and that the place o( my abode is at in the county of l^and i65 25 GEORGII III. CAP. 84,* [and if it is a town confifiing of more fireets than onCi fpectfying what ftreet'] ; and that I have not before polled at this eledlion; and that I verily believe myfelf to be of the full age of twenty-one years." Vy^hich oath, or folemn affirmation, the return- ing officer or officers at fuch eleftion, ind his or their deputies and poll clerks, is or are hereby authorized and required to adminiiler. 6thly. And be it further enaded, That, from and after the fir ft day of Auguft, 1785, upon every election of any niember or members to ferve in parliament for any county, city, borough, or place, within England or Wales, or for Ber- wick upon Tweed, it fliall and may be lawful for the returning officer or officers, if he or they fee Returning offi- caufe, and he and they are in fuch cafe authorized, cers authorized . . ^ - . to adminifter during the continuancc of any fcrutiny which ftrutiny"*^'"^ * ffiall have been granted as aforefaid, to adminif- ter an oath to any perfon whatfoever confenting to take the fame, touching the right of any per- fon having voted at fuch eledion, or touching any other matter or thing material or neceflary towards carrying on fuch fcrutiny. ythly. And whereas it is expedient that allper- fons employed as poll clerks at eleflions, ffiould take an oath for the faithful difcharge of their of- fice, but the fame is not at prefent required or authorized by law, except in counties and other places for which there are exprefs provifions made by ftatutej be it therefore further enaded. That, from and after the faid firft day of Auguft, 1 7 8 5, at every 25 GEORGII III. CAP. 84. Q.6^ every ele6tion of any member or members of parliament for any city, borough or other place, within England or Wales, or town of Berwick upon Tweed, every perfon whom the returnino; 1'°" clerks to officer or officers mall retain to act as a clerk in the faithful dif taking the poll Ihall, before beginning to take aut^.f fuch poll, be fworn by fuch returning officer or officers truly and indifferently to take the faid poll, and to fet down the name of each voter, and his addition, profeffion, or trade, and the place of his abode, and for whom he ffiall poll j and to poll no perfon who is not fworn or put to his affirmation, where, by this or any other fta- tute, any oath or affirmation now is or here- after fliall be required, which oath of every fucJi poll clerk the faid returning officer or olHcers is or are hereby authorized and required to ad- minifter. 8thly. And be it further enafled. That if any perfons tn.kmg, perfon, in taking any oath or affirmation herein- otherfto'tlke, a before appointed or authorized to be taken before f^"^ "'"'''' '!*" ^ *■ blc to the pains any returning officer or offxers, fhall thereby inflifted by 5 commit wilful perjury, and be thereof convi6ted; 2Geo.2, c. 25. or if any perfon ffiall unlav/fully and corruptly pro- cure or fuborn any other perfon to take any fuch oath or affirmation, whereby he or ffie ffiall commit fuch wilful perjury, and ffiall be thereof convidted, he or ffie fo offi^nding ffiall incur fuch pains and penalties as are inflidted in and by two adis of par- liament, the one made in the 5 th year of the reign of the late Queen Elizabeth (intituled, An aft for puniffiment of fuch perfon as ffiall procure or commit any wilful peijury); the other made in 2 the » 270 125 GEORGir nr. cap. S4. ^ the 2d year of his late majefly king George the Second (intituled. An ad for the more effe6li:al preventing and further punifhment of forgery per- jury, and fubornation of peijury j and to make it felony to Heal bonds, notes, or other fecurities for payment of money), for any perjury or fubor- nation of perjury, contrary to the faid atts. to extend to 9thly. Provided always, and be it enaft^d. That places where nothing in this a6l before contained fliall extend lations have to, or in any wife affed, alter, or regulate the been enabled by , . ^ , . , -. . - ikatute. mode or time or proceeding at any election or any member or members for any place where particular regulations, touching the duration of polls and fcmtinies, are fpeciaily enaded by fta- tute, but that every fuch^ eledion Ihall be begun and carried on in the fame manner as if this adt had not been made. lothly. And v/hcreac an a6t was pafTed in the loth year of his prefcnt majefty's reign (intituled. An aft to regulate the trials of controverted elec- tions, or returns of memibers to ferve in Parlia- ment) ; and another aft was pafled in the nth year of his faid majefty's reign, for explaining and amending the faid former aft ; and whereas no provifion is made therein for the hearing and determining any petition, unlefs tlie fame fhall complain of an undue cleftion or return of miem- bers to ferve in parliament; be it therefore mere returns enaftcd. That, from and after the iirft dav of have not been ' •' duly made, a Auguft, 178 c, if uDon anv writ or writs to be feieel com,, it- • ^ _, / , , o • r , i tee miy be ap- iilucd tot the clcftion of any member or members formabic """lo ^^ fcrvc in parliament, no return ihall be made to SiV'ii" Gw/si ^^^ ^^^^ °" ^^ before the day qiv which fuch ^- 4^- writ 25 CCORCII III. CAP. S4. 271 writ is made returnable; or if a writ fl^.all have been ifiiied during any fefTion or prorogation of parliament, and no return fhall be made to the 1-inie within fifty-two days after the day on which fuch writ bears date ; or if the return made in either of fuch cafes fhall not be a return of a m.em- ber or members, according to tlie requiri':ion thereof, but contain fpecial matters only concern- ing fuch eleftion ; it fhall and miay be lawful for any perfon or perfons, having had, or claiming to have had, a right to vote at fuch eleftion, or claiming to have had a right to be returned as duly elected thereat, who fhall think himfelf or themfelves aggrieved, to petition the houfe of commons concerning the fame; and upon fuch petition being prefented, a day and hour fhall be appointed for taking the fame into confideraticn and notice diereof in writing fhall be forthwith ^^"^'" °^ '^« 'O meeting of com»i turniiiz officers* given by the fpeaker to the petitioners, and to mittees to be the returning ofHcer or ofhcers by whom fuch tiZnJs and re" return ought to have been made, or fnall have been made, accompanied with an order to him or them to attend the houfe at the time appointed, by himfelf or themfelves, his or their council or agents ; and a feled- committee fliall be appointed according to the direftions of the faid two re- cited afls, for regulating the trial of controverted eleftionsj which committee fhall try and deter- mine v/hether any, and wiiich of the jjerfun or perfons named in fuch petition ought to have been returned, or whether a new writ ought to ifTue ; which determination fliall be final to all intents and purpofes; and the houfe being informed thereof 472 25 GEORGII III. CAP. 84. thereof by the chairman of the faid felecft com- mittee, fhall order the fame to be entered in their journals, and give the necefiary dire6lions for or- dering a return to be made, or for altering the return if made, or for the iffuing a new writ for a new election, or for carrying the faid determi- . nation into execution, as the cafe may require. 1 1 thly. And be it farther enafted. That all Regulations of i • • j loGeo.^j.c. 16; and every the rules, regulations, authorities, ana T. 42,^ extended powcrs, givcn 01: prefcribed by either of the faid to tnis aft. recited afts for regulating the trial of controverted eleftions, with refpeft to fele6l committees to be appointed by virtue of the faid afls, or either of them, fhall be in fall force and efFeft with re - fpeft to feleA committees to be appointed by vir- tue of this prefent a6l, in as full and ample m.an- ner as if the fame were herein repeated and par- ticularly and fpecially enafted concerning the fam.e. I2thly. Provided always, That if the returning i'lSJ'officers Jr.'- ofHcer or officers, by whom fuch return ought to not be found, or j^^^^ ^^^^ made. Of has been made, cannot be do not appear at ■» ■' committees, found fo as to be ferved with the notice or order other perfyns . ^ . may be ap- hercin-beforc mentioned, or being ferved fhall pe'a"^ in their not appear by himfelfor themfelves, his or their mo?e than' o"e council or agcnts, at the day or time appointed r^te'rihehoufe ^^^ taking fuch petition into confideration, it to determine f}iall and may be lawful for the houfe to permit turning officer IS . •' • 1 / 1 r toftiiktoftfrom or authorize any perlon to appear in the Iteaa oi tlic lift of mem- , . , , . r ^ n 11 1 bers drawn by him or them ; and in cale there fhall be more '"'* petitions than one prefented, complaining of fuch return, or omilTion of a return, on diflinft interefls, or complaining upon different grounds, the 25 CEORGII III. CAP. 84. 173 the houfe (hall determine, from the nature of the cafe, whether the returning ofBccr or officers, or perfon appearing in the Head of him or them, Ihall, together with fuch petitioners, be entitled toftrike off' from the lill of members drawn by- lot, in the manner directed by the Tiid a to forfeit aol. 5 n-jS 26 GEORGII III. CAP. lOO. land, or the dominion of Wales, as an inhabitant paying fcot and lot, or as an inhabitant houfeholder, houfekeeper, and pot-waller, legally fettled, or as an inhabitant houfeholder, houfekeeper, and pot- waller, or as an inhabitant houfeholder refiant, or as an inhabitant of fuch city or borough, unlefs ■ he Ihall have been adually and bona fide an inha- bitant paying fcot and lot, or an inhabitant houfe- holder, houfekeeper, and pot- waller, legally fet- tled, or an inhabitant houfeholder, houfekeeper, and pot-walltr, or an inhabitant houfeholder re- fiant, or an inhabitant within fuch city or bo- rough, fix kalendar months previous to the day of the eleftion at which he lliall tender his vote; and if any perfon Ihall vote at any fuch eleflion, contrary to the true intent and meaning of this a(5t, his vote Ihall be deemed null and void, and he fhall forfeit, to any perfon who fhall fue for the fame, the fum of twenty pounds to be recovered by him or her, byadlion of debt, in any of his majefty's courts of record at W tftn linfter, wherein no elToin, protection, wager of law, pi ivMege, or imparlance, fhall be admitted or allowed -, and in every fuch aflion the proof of inhabitancy, as aforefaid, fliall lie upon the perfon agaii:ft whom the fame fliall be brought: Provided nevertheiefs. That fuch aftion be commenced within fix kalendar months after the caufe of aftion accrued : Provided alfo, but not to extend ^hat noLhing; in this aft contained fhall extend, or to pi;nni ac- c. .rng pofTef- bc conflrucd to extend, to any perfon acquiring &c. " ' the poliefTion of any houfe, in any .city or bo- rough, by defcent, devife, marriage, or mar- riage fettlement, or promotion to any ofEce or benefice. adly. 28 GEORGH III. CAP. 52. 277 2dly. Provided alfo, and be it further enafted. That this a6t fhall relate only to thofe perfons who claim to exercife the franchife of voting as inhabitants paying fcot and lot, or as inhabitants houfeholders, houfekeepers, and potwallers, le- gally fettled, or as inhabitants houfeholders, houfe- keepers, and potwallers, or as inhabitants houfe- holders refiants, or as inhabitants within fuch cities or boroughs, and fliall not extend to any "i^^jj°g ^"'[ght other defcription of perfons who may claim to ^ -'"'"^ ""'^f ■t A ,J ^ any other dcf- vote at any ele6lion for members to ferve in par- cnption thanin- ,. ^ . , . . , , , , habitants paying liament for luch cities or boroughs, by any other fcQt and lot, &c. title, oY by any other fuperadded qualification. A. D. 1786. ANNO 28° GEORGII III. CAP. 52. An A51 for ths further Regulation of the 'Trials of controverted Ele^ions, or Returns of Members to ferve in Parliament. W HEREAS, by an aft of parliament paiTed in the lothyear of the reign of his prefent majefty, intituled, ^ An a6l to regulate the trials of controverted eledlions, or returns of members to ferve in parliament,' certain regulations were eftabliflied, for a time therein limited, for the trials of controverted ele6lions, or returns of members to ferve in parliament \ and whereas, by an a6l palled in the i ith year of the reign of n Geo. his prefent majefty, intituled, * An aft to explain and amend an aft made in the laft fefTion of par- liament, intituled, An aft to regulate the trials of controverted cleftions, or returns of members to s 3 fefve 10 Geo, 3. 42. '*iS. 78 28 GEORGII in. CAP. 52, ferve in parliament,' further regulations were made therein ; and whereas the provifions of the the faidafts were, by an a6t pafTed in the 14th year of the reign of his prefent majefty, continued and made perpetual; and whereas, by an a6t and 25 Geo. 3. pafTed in the 25 th year of the reign of his prefent 4- rec'te • jnajefty, intituled, * An aft to limit the duration of polls and fcrutinies, and for making other re- gulations touching the eledtion of members to ferve in parliament for places within England and Wales, and for Berwick upon Tweed, and alfo for removing difficulties which may arife for want of returns being made of members to ferve in parliament,' the provifions of the fiid acts were extended, in the manner therein mentioned, to pe- titions complaining that no return has been made to a writ, ilTued for the eleftion of a member or members to ferve in parliament, within the times limited in the faid a6l, or that fuch return is not ^ a return of a member or members according to the requifition of the writ ; and whereas it is ex- pedient that further regulations fnould be made for the execution of the faidfeveral a-fts, and that provifion ftiould be made for difcouraging per- fons from prefenting fiivolous or vexatious peti- tions, or fetting up frivolous or vexatious de- fences, in any of the cafes to which the above- recited a6ts relate, and that provifion Ihould alfo be made for. the final decifion of queftions re- fpefting the rights of voting at fuch elcdions, or of nominating or appointing the returning officer or retuining olficers who arc to prefide thereat : Be it therefore enaded by the king's moll excellent majefty. 28 GEORGir in. CAP. 52. 279 majefly, by and with the advice and confcntof the lords fpiiiciial and temporal and commons in tliis prefent parliament aiTembled, and by the autho- rity of the fame. That no petition complaining of an undue eledion or return, or of the omiflion of a return, or of the infufficiency of a return, Jliall be proceeded upon, in the manner prefcribed in No petition com- , , . . plaining of an the laid above recited afts, unlefs the fame fhall undue cicaion be fubfcribed by fome perfon or perfons claiming procVcded' upon! therein to have had a right to vote at the eleaion L^'hlSn'^iSn^ to which the fame Ihall relate, or to have had a ^'°"^'^* right to be returned as duly elefted thereat, or al- ledging himfelf or themfelves to have been a can- didate or candidates at fuch election : Provided always, That in any cafe where a writ has been iffucd for the eledtion of a member to ferve in parHament for any diftrift of burghs in that part of Great Britain called Scotland, any fuch peti- tion as aforefaid lliall and may be fo proceeded upon, if the fame lliall be fubfcribed by any per- fon or perfons claiming therein to have had a right to vote at the eleftion of any delegate or delegates, commifiioner or commifTioners, for chufing a bur- gefs for fuch diftritft. 2dly. And be it further enafted, That if, at any time, before the day appointed for taking any fuch petition into confideration, the fpeaker of the houfe of commons fhall be informed, by a cer- tificate in writing, fubfcribed by two of die mem- in the cafes bers of the faiJ houfe, of the death of tlie fitting notke toTc'fent member or fitting members, or either of them, ^.y ^'ic fpcaicer t» o ^ ' ■' tiie returning whofe cledion or return is complained of in fuch '='^"^" °f" ^'\e . . '■ place to whicn petition, or of the death of any member or mem- any fuchpeuuaa s 4 bers ^80 28 GEORGII III. CAP. 52. bers returned upon a double return, whofe elec- tion or return is complained of in fuch petition, or that a writ of fummons has been iffued, under the great feal of Great Britain, to fummon any fuch member or members to parliament as a peer of Great Britain ; or if the houfe of commons Ihall have refolved that the feat of any fuch mem- ber is by law become vacant; or if the faid houfe ihall he informed, by a declaration in writing, fubfcribed by fuch member or members, or either of them, as the cafe jQiall be, and dehver- ed in at the table of the houfe, that it is not the intention of fuch member or members to defend his or their eleftion or return i/in every fuch cafe notice thereof fhall immediately be fent by die Ipeaker to the fheriff, or other returning officer for the county, borough, or place to which fuch petition fhall relate, and fuch IherifF or other re- A copy there- tuming officcr fhall caufe a true copy of the fame on Ae'Vfs'of to be affixcd on the doors of the county haU or the county or j-^^j^ j^^n qj. ^f ^1^^ paiifh church neareft to the town hall, or ' -f^ neareft church, placc whctc fuch cledlion has ufually been held, and faid notice to ,^, '/iiiiri r beinfertedinthe and fucn noticc fhall aifo be inferted, by order of the fpeaker, in the next London Gazette j and Order for taking thc Oi dcr for taking fuch petition into confidera- f ch petitions in- • n 11 t r^ i t i <- 1 t , c, nfidcration tion Ihall, if nccellary, be adjourned, lo that at may e a journ- ^^ ^^^^ thirty days may intervene between the day on v/hich fuch notice fhall be inferted in the faid Gazette, and the day on which fuch petition fliall be taken into confideration. whhin 30 days ^^"^ ' ^""^ ^^ ^^ enadlcd. That it fhall and may after notice -s fo bc kwful, at anv tlmc within thirty days after the inferted in the , , . , - , ' '' day on wnich fuch notice fhall have been inferted m ci8 GEORGii iir. CAP. 52. 2S1 in the faid Gazette, for any perfon or perfons claim- Gazette, any ' ' ■»■ -I voter may pe- ine; to have had a rieht to vote at fuch eledlion, tif'O" to be ad- - . mittcd aparty in or at the election or delegates or commiffioners the complaint. for making fuch eleftion, to petition the houfe, praying to be admitted as a party or parties, in the room of fuch mem.ber or members, or either of them i and fuch perfon or perfons fhall there- upon be fo admitted as a party or parties, and iliallbe confidered as fuch, to all intents and pur- pofes whatever. 4thly. And be it enaded. That whenever the member or members, whofe eledlion or return is fo complained of in fuch petition, fhall have given fuch notice as aforefaid of liis or their in- Members giving tention not to defend the fame, he or they fhall "ntention not'to not be admitted to appear or aft as a party or Jf^^"^ ^^J^^ \l parties ao;ainll fuch petition, in any fubfequent ^^ admitted a$ ,. , ^ , . . , , ■ parties againft proceedings, thereupon, any thing in the above any fuch peti- recited ad:s to the contrary notwithftanding ; and °"' he or they fhall alfo be reflrained from fitting in the houfe, or voting in any queftion, until fuch petition fliall have been decided upon in the manner prefcribed by the above recited adts and by this a6l. 5thly. And be it further enafled. That no pro- ceeding fhall be had upon any petition, by virtue No proceedings of the above recited ads or of this aft, unlefs the anypetitL^unl perfon or perfons fubfcribing the fame, or fome f^bfcXsintr one or more of them, fliall, within fourteen days '"'° ^ recogni- ■' zar.ce to appear after the fame fhall have been prefented to the tjiorc the houfe houfe, or v/ithin fuch further time as fliall be for taking it mco limited by the houfe, perfonally enter into a re- ""' ciaaon, cognizance to cur fovereign lord the king, ac- cording 2S2 28 GEORGII III. CAP. 52. cording to the fbrin hereunto annexed, in the Cum of two hundred pounds, with two fufficient fure- ties, in the funn of one hundred pounds each, to appear before the houfe at fuch time or tinies as Ihali be fixed by the houfe for taking fuch peti- tion into confideration, and alfo to appear before any feie6l committee which fliall be appointed by the houfe for the trial of the fame, and to renew the fame in every fubfequent fefllon of parlia- m.ent, until a feleft committee lliail have been appointed by the houfe for the trial of the fame, or until the fame fhall have been withdrawn by the perm.iiTion of the houfe j and if, at the expira- and if no recog- t;Jon of thc faid fourtecH days, fuch recognizance ni/.ance be duly . n ti entced into, the fhall not liave becn fo cntercd nito, or mall not the pedtion into havc bccn reccivcd by the fpeatier of the houfe S" dfSa-ged,''* of commons, the fpeaker Ihall report the fame to uniefi caufc fh.iii ^^^ houiC, and the order for taking fuch petition be feen tor en- •* 01 largins die time, into confidcration ihall thcrcupon be difcharged, unlels, upon matter fpecialiy flated, and verified to the fatisfaftion of the houfe, the houfe iliall fee caufe to enlarge the time for entering into fuch recognizance ; and whenever fuch time fhall be fo enlarged, the order for taking liich petition into confideration fnall, if necelTary, be poft- poned, fo that no fuch petition fliali be fo taken into confideration till afrer fuch recognizance fhall have becn entered into and received by the fpeaker: Provided always. That the time for entering into fuch recognizance fhall not be enlarged more than once, nor for any number of days exceed- ing thiity. 6thlv. a8 GEORGII III. CAP. 52. 2S3 6thly. And be it cnafted, That the faid recoo;- Rccognizarccs J . tobeentereo into nizance fliall be entered into before the fpeaker before the ip-ak- of the hoiile of commons, who is hereby audio- fickucy of the rized and empowered to take the Hinie ; and the lowcd'oV by"him^ fulBciency of the fureties named therein fhall the'plMfon!h--ref be judged of and allowed by the laid fpeaker, on '" mentioned, the report of two perfons appointed by him to examine the lame, of which two perfons the clerk, or clerk affiftant of the houfe, fliall al- ways be one, and one of the following ofncers, not being a member of the faid houfe, fhall be the other J (that is to fay) mailers of the high court of clianccry, clerks in the court of king's bench, prothonotaries in the court of common pleas, and clerks in the court of exchequer; and the faid perfons fo appointed are hereby au- thorized and required to examine the fame, and to report their judgement thereupon; and are alfo hereby authorized to demand and receive fuch fees, for fuch examination and report, as fnall be, fromi time to time, fixed by any relb- Jution of the houfe of commons. 7 thly. Provided always, and be it further enabl- ed. That in cafe where the party or parties, who are to enter into fuch recognizance, or his or their fureties, or either of them, Ihall rcfide at a Sureties Uving more thm 4,1 greater diftance from London than forty miles, "I'l" f"^"^ i""- it iliall and may be lawful for fuch party or par- rccogn-.zlncc'bc- ties, furety or fureties, refpedively, to enter *'°'''= =» J^'*'"''- into fuch recognizance before any of his ma- jefiy's juftices of the peace ; and his majefty's juftices of the peace, or any of them, is and are hereby autiiorized and empowered to take the fame ; 284 28 GEORGII III. CAP. 52. fame ; and fuch recognizance, being duly cer- tified under the hand of fuch juftice, and being tranfmitted to the fpeaker of the houfe of com- mons, ihall have the fame force and efi^eft as if the fame had been entered into before the faid fpeaker : provided neverthelefs, that it fhall and may be lawful for the perfons to whom it is re- ferred by the fpeaker to examine the fufRciency of fuch furety or fureties, to receive as evidence, in their faid examination, any affidavits relating Affidavits made thereto, which lliall be fworn before any mafter before a mafter ^ • ■' in chancery, or of tj^g high court of cliancerv, or bcforc any of ajuftice, to be ■ % , ■ n- r ,, 4 / U received as evi- his majelty s juiiices 01 the peace i and luch fidenc%fVre- maftcr of the high court of chancery, or juftice ties. of the peace, refpedlively, is hereby authorized to adminifler fuch oadi, and is authorized and required to certify fuch affidavit under his hand. No petition to Sthlv. And be it ena£ted. That the houfe lliall be withdrawn ■' _ . . • 1 i uniefi themem- not permit any luch petition to be withdrawn, ber's feat ftiail r r ^ r ^ 11 have been va- cxccpt lo tar as thc lamc may relate to the elec- ^^^^^' tion or return of any member or' members who fhall, fince the fame fhall have been prefented, have vacated his or their feat by death, or in any other manner. 9thly. And be it enacted. That if the petitioner or petitioners, who fhall have entered into fuch recognizance as aforefaid, ffiall not appear be- Reoognizances forc the houfc by himfclf or themfelves, or by appCr'iTg"be'fore hls or their counfel or agents, within one hour after the houie at the ^ ^ ^ fixcd, in Durfuancc of the above recited time fixed ror ' i proceedngtothe ^^^ andof this ad, for calling in the refpedive appointment of a *-' ^ feiea commit- parties, their counfel or agents, for the purpole certified into the of procecding to the appointment of a feledt "^'^^'i^'^'- committee ; 28 CEORCII III. CAP. 52. ,285 committee; or if the fele6t committee, appointd in piirfuance of the faid afts, and of this aft, for the trial of fiich petition, fhall inform the hoiife that fuch perfon or perfons did not appear before the faid committee, by himfclf or them- felves, or by his or their coiinfel or agents, to profecute their faid petition ; or if fuch perfon or perfons fhall negledl to renew their (liid pe- tition within four fitting days after the day of the commencement of every fefTion of the fame par- liament, fubfeqiient to that in which fuch peti- tion was firft prefented, and until n, feleft com- mittee fhall have been appointed for trial of the fame, or until the fame fhall have been withdrawn by the permifTion of the houfe, in every fuch cafe fuch perfon or perfons fhall be held to have made default in his or their faid recognizance ; and the Ipeaker of the houfe of commons fhall there- upon certify fuch recognizance into the court of exchequer, and fhall alfo certify that fuch perfon or perfons have made default therein, and fuch certificate fhall be conclufive evidence of fuch default, and the recognizance being fo certified fhall have the fame efi'edt as if the fame were eftreated from a court of law : Provided always, That fuch recognizance and certificate lliall in Rcogmzanct r t r t 11* 11 1 11 and c-;itificate to eveiy luch cale be delivered, by the clerk or b^t delivered, by clerk affiftant of the houfe of commons, into the fffiftl^tintolhc hands of the lord chief baron of the exchequer, "chequer. or of one of the barons of che exchequer, or of fuch officer of the court of exchequer as Ihall be appointed by the faid court to receive the fame. lotUy. 286 28 GEORGII III. CAP. ^1, lothly. And whereas, by feveral provifions contained in the above recited a6ts, made in the loth and nth years of the reign of hisprefent majeflyj Sunday and Chrijlmas day are excepted from the general regulations of the faid adts ; be Good Tnday to it hereby enacted. That in every fuch cafe, Good bcexccp;ed trom the regulations Friday fhall alfo be excepted therefrom., in the aasi' ' ' fame mianner as if the fame had been fpecially excepted in the faid a6Vs. I ithly. And be it alfo enadled. That if, on the day immediately preceding any of the three fol- If on the day lowing days, that is to fay, Chrifimas day., Whit- chri^liTs^ ciav, Sunday y ox Good Friday y after reading the order notbe'Joo m'em- ^f the day for taking any fuch petition as aforefaid bers prefenc, or \^iq confidcration, it fhall be found that there 49 not excused cannot be com- atc not onc liundtcd mcmbcrs prefent, or that pleted, the order , - - . for taking any liit numocr 01 torty-nine members, not let aiide trconndei°a't;on^ or excufcd, cannot be completed, it lliall and a„d the houfe, j^ \2:s!j(u\ for thc houfc, if they lliall think may be adjourn- J 'J ed fc- any num- f^t ^^y thing in thc abovc-recitcd ads to the ber of aays. . contrary notwithftanding, to diredl that the faid order ihall be adjourned for any number of days, and the houfe fhall then im.mediately be adjourn- ed to the hour and day to which fuch order fhall be fo adjourned. i2thly. And whereas it is enacted, by the faid aft pafTcd in the i ith year of the reign of his prefent majefly, that on the day appointed for taking fuch petition into ccnfideration, the houfe fhall not proceed to any other bufinefs whatfo- ever, except the fwearing of members, previous to tlie reading of die order of the day for that purpofe i be it hereby enadled. That it fhall and may cl8 ceorcii III. CAP. 52. 287 may be lawful for the houfe, previous to reading Ordaysappoint- luch order, to receive any report from any lelect titions into con- j • p r 1 1 fideration, re- committee appointed in puiiuance ot the above- ports fro.-nriica recited afls, or of this aft, and to enter the fam6 comlr,ittcc^, &c. ' ^ may be received upon their iournals, and to give the neceffary or- previous c.^rcad- ^ -" _ *-• ' ^ ing the order of ders and directions thereupon; and that previous tiieday. to reading the faid order, the clerk of the crown may be admitted to alier or amend any reairn, in purfuance of an order made on a preceding day, or on that day ; and alfo, that it fhall and m^ay be lawful for the houfe, previous to reading the faid order, to poilpone the fiune, for the purpofe of attending his majefl)', or his majefty's commifTioners, in the houfe of lords, in confe- quence of any melTage from his majefb)'', or from his majefly's commiffioners, fignified to tlie houfe in the ufual manner. ijthly. And be it alfo enafted, That if, within ^' p^tUioners dc ^ ■' ' not appear vvitli- one hour afcer the time fixed in purfuance of '" an i^our after 1 • J r ^ r ^ • r^ r 11 • .the time fixed above-recited acts, and of this act, for calling in for appointing _i r r\- • 1 • r 1 leleft commit- the relpeetive parties, tneir counfel or agents, tees, the order for the purpofe of proceeding to die appointment petiiSn's"^ im? of a feledl committee, the petitioner or petitioners, '^""''.''"''^'j^", ^^ or fome one or more of them, who lliall have figned any fuch petition, fliall not appear by him- felf or themfelves, or by his or their counfel or agents, the order for taking fuch petition into confideration fliall thereupon be difcharged, and luch pedtion fhall not be any further proceeded upon in the manner direfted in the above-recited ads, and in this aft. i4thly. And be it cnafted. That If, within one hour after the time fo appointed as afurcfiid, the 3 fitting ■288 28 CEORGII III. CAP. 52. fitting member or fitting members, or other party or parties oppofing the petition, fhall not appear by himfelf or themifelves, or by his or their counfel or agents, or if, at the time fo ap- Reguiations for pointed as afoiefaid, there fliali be no party be- trial of the me- ^ '^ . . rits of petitions, forc the houfc oppofing the petition, the houfe where no party ^ ., , . r 1 1 appears to oppofe Ihall proceed to appoint a lelett committee, to ^™* try the m^erits of fuch petition, in the following manner; (diat is to fay,) That the names of forty-nine members fhall be drawn, in the man- ner prefcribed in the above-recited a6ts, but in reducing the lift of fuch names to thirteen, the place of a party oppofing the petition fhall be fupplied by the clerk appointed to attend the faid committee, who fliall, as often as it Ihall come to his turn as fupplying the place of the party oppofing the petition to ftrike out a name, ftrike out that name which then fhall be firft in the faid lift i and in every cafe where the party oppofing the petition would be impowered, by the above- recited a^bs, to nominate one member to be added to the faid thirteen, the faid thirteen fhall, from among the perfons prefent in the houfe at the time of drawing the names of the members, chufe one perfon to fupply the place of the mem- ber to have been fo nominated, in the fame man- ner as is dire6lcd by the above-recited aft made in the nth year of his majefty's reign, in the cafe where there are more than two parties ^n diftind: interefts. The aforegoing 1 5thly. Andbe it furthcr cnaftcd. That thcfamc dudng the lift to mcthod of Tcducing the lift of members drawn ic. t^brfoiiew- ^o thirteen, and of nominating a member to be 2 added SS CEORGH Ifl. CAP. 52. 289 added to the thirteen remaining on the faid lift, "^ '•"^•l =»"/ ^ p^ny Ihail WAV* jfhall be refpcdlively followed, whenever any his right to do it. party (hall wave his right of ftriking off names from the faid lift, or of nominating a member to be added to the fiid thirteen. 16. And be it further enafted. That if any witneffesnotat. perfon fiimmoned to attend the faid feledl com- lea commftteei mittee, by the warrant of the fpeaker of the faid evidfn«?&?'ti hoiife or by order of the faid committee, fhall '"^ committed, difobey fuch fummons, or fhall give falfe evi- dence, or prevaricate, or otherwife miftDehave in giving, or in refufing to give, evidence before the faid committee, tlie faid committee Ihall have power, by a warrant to be figned by the chairman, and direfted to the ferjeant at arms attending the houfe of commons, or to his de- puty or deputies, to commit fuch perfon (not being a peer of the realm or a lord of parlia- ment) to the cuftody of the faid ferjeant) with- out bail or mainprize, for any time not exceed- ing twenty-four hours if the houfe fhall then be fitting, or if not, then for a time not exceeding twenty-four hours after the hour to which the houfe fliall then be adjourned. 17. And whereas it is enafled by the faid a6t made in the loth year of his majcfty's reign. That if more than two members of the faid fc- le6t committee fliall, on any account, be abfent therefrom, the faid fcle6l committee ftiall adjourn in the manner in the faid afl direded, and fo from tim.e to time, until thirteen members are aflembled ; and that no fuch determination as in the faid adt is, m.entioned fliall be made, nor any queftion be propofcd, unlefs thirteen members T flidl 290 28 GEORCn III, CAP. 5'2. {hall be pi-efent; and that no member fiiail have a vote on fuch determination, or sny other quef- tion or reiblution, who has not attended during every fitting of the faid feleft committee ; and that, in c?St the niimiber of members able to at- tend the faid committee (hall, by death or other - wife, be unavoidably reduced to lefs than thir- teen, and Ihall fo continue for the fpace of three fitting days, the faid committer fnall be dilTolved, and another chofen to try and determine them:at- ter of fuch petition, in the manner in the faid -act before provided. Be it hereby enacted. That It a committee whcnevcr any comi?iit:ee fhall have fat for bufi- AaU havs fa;f or j^^,^^ fourteen davs, not includins; thofe days on i2rr.c:r.ber3inay which thev fKall havc adioumcd on account of proceed therein; _ the ablence of any member, nor including Sun- day y Chi'iftmas day, or Good Friday it Ihall and m.ay be lawful for them to proceed to bufi- nefs, if a number of members not lefs tlian twelve be prefent; and in fuch cafe, the committee Ihall not be diffoived by reafon of the abfence of the members, unlefs the number of members able to attend the fame lliall, by death or other- wife, be unavoidably reduced to lefs than twelve, and ihall fo continue for the fpace of three fitting »r.d if 25 days, days ; and whenever any committee fhall in like T I members may ' , r ^ c ■[ r r ^ r •> proceed m.amier nave lat tor buiinels twen:y-hve aays, it fhall and may be lawful for them to proceed to bufinefs if a number of members not lefs than eleven be prcfent ; and in fuch cafe, the con"i- mittee fliall not be dihblved by reafon of the ab- fence of the meiTibers, unlefs the number of xnembers able to attend the fame fliall, by deaili or othei wife, be unavoidably reduced to lefs than eleven. 28 CEORGir HI. CAP. ^2. . "2^1 eleven, and fliall fo continue for the fpace of three fitting days. i8. And be it further enacled, That every Committees in . . , , . , , their reports to lucn committee, at tne lame time that they re- n-.entionwhcthtrr port to the houfe their final determination on the J^pe^"to be fri - merits of the petition which they were fwoin to ^'."1^^''' °'' '"''''" try, fliall alio report to the houfe whcdier fuch petition did, or did not, appear to them to be frivolous or vexatious ; and that they iliall in like manner report, with refueft to every party or parties who fliall have appeared before them m oppofition to fuch petition, whether the oppofi- tion of fuch party or parties refpe^ively did, or did not, appear to them to be frivolous or vexa- tious ; and that if no party fliall ha^'e appeared before them in oppofition to fuch petition, they iliall then report to the houfe whether fuch elec- tion or return, or fuch alledgedomifiion ot a re- turn, or fuch alledged infufficiency of a return, as fliall be complained of in fuch petition, ac- cording as the cafe fliall be, ditl, or did not ap- p::ar to tiiem to be vexatious or corrupt. 19. And be it enadled, That whenever any parties oppofing fuch committee fliali report to the houfe, with F^jtitions rrport- r ' eJ vexatious ur j-cfpe6t to any fuch petition, that the fame appear- fnvoious, ed to them to be frivolous or vexatious, the party or parties, if any, who fliall have appeared before the committee iji oppofition to fuch petition, fhall be entitled to recover, from theperfon or peifcns, or any of them, who fliall have figned fuch peti- tion, the full cofl:s and expences which fuch paity or parties fliall have incurred in oppofing the fame ; fuch cofts and expences to be afcertainei in the manner herein-after diredled. T 2 20. And tgi 28 GEORGii in. CAP. 52. ar.d pctinoncrs 20. And bc It alfo enr/ted. That whenever been vexatioufiy any fuch Committee fhall report to the hoiife, with oppofed°trbeen- refpcd to the oppofition made to fuch petition by ex'fncer^"'"^ any party or parties who fhall have appeared be- fore them, that fuch oppofition appeared to them to be frivolous or vexatious, the perfon or per- fons who fhall have ligned fuch petition fhall be entitled to recover from fuch party or parties, or any of them, with refpe(5t to whom fuch report fhall be made, the full cofts and expences which fuch petitioner or petitioners fliall refpeflively have incurred in profecuting their faid petition j fuch cofls and expences to be afcertained in the manner herein -after diredted. Vherc no party 21. And bc it alfo ena(fled. That whenever, ffSo'anyfJch ^"' ^"7 ^^^^ whcrc no party fhaH have appeared petition, the bcforc fuch committce in oppofition to fuch pe- «ort? and ex- •'• * •■• penccs to be paid titicn, fuch committce fhall report to the houfe, inenibert, &c. With icfpcft to the ckftion or return, or to the al- , iedged omifTion of a return, or to the alledged infuf- ficiency of a return, complained of in any fuch pe- * tition, that the fame appeared to them to be vexa- tious or corrupt, the perfon or perfons who fhall have figned fuch petition fliall be entitled to re- cover from the fitting member or fitting mem- bers (if any) whofe eletftion or return fhall bc complained of in fuch petition, fuch fitting mem.- ber or fitting m.ernbers not having given notice as afoiefaid of his or their intention not to de- fend the fame, or from any other perfon or per- fons whom the houfe fhall have admitted or di- refted to be made a party or parties to oppofe fuch petition, the full colts and expences which 3 fuch cd. 28 GEORGir III. CAP. 52, 202 fuch petitioner or petitioners fliall have incurred In profecuting their laid petition; fuch coils and expences to be afcertained in the manner Iterein- afcer directed. 22. And be it enaftcd, That in the feveral How fuch coft» /- 1 • 1 r • J 1 n 1 'iiKi GXpeice; arc caies lierein- before mentioned, the colts and ex- t-. be aiccruin- pences of prcfecudng or oppofing any fuch peti- tion fhall be afcertained in manner following; (that is to fay), That on application made to the Ipeaker of the houfe of commons, by any fuch petitioner or petitioners, or party or parties, as before-mentioned, for afcertaining fuch cofls and expences, he fhall diredt the fame to be taxed by r.vo peifons, of whom the clerk or clerk anifcant cf the hJDufe fliall always be one, and one of the following officers, not being a member of the houfe fhall be the other; (that is to fay), mailers in the high court of chancery, clerks in the court of king's bench, prothonotaries in the court of common pleas, and clerks in the court of exche- quer; and the perfons fo authorized and dire6led to tax fuch cofls and expences fliall, and they are hereby required to examine the fame, and to re- port the amount thereof to the fpeaker of the faid houfe, who fhall, on application made to him, deliver to the party or parties a certificate, fjgned by himfeif, expreiling the amount of the coils and expences allowed in fuch report ; and the perfons fo appointed to tax fdch cofls, and report the amount thereof, are hereby authorized to demand and receive, for fuch taxation and re- port, fuch fees as fliall be, from time to dme, fixed by any rcfolution of the lioufe. T ^ 23. And 294 ^8 GEORGII III. CAP. 52. If CO fts, etc. be 2'^. And be it enaded, That it Iliall and mand, they may may be kwful foi" thc party or parties entitled to afiion°of Vb't^ fuch colls and expences, or for his, her, or their ^^' executors or adminiilrators, to demand the whole amount thereof, fo certified as above, from any one or more of the perfons refpedively, who are herein-before made liable to the payment thereof, in the feveral cafes herein-before mentioned : and in cafe of nonpayment thereof, to recover the fame by aftion of debt, in any of his majefty's courts of record at Weftm.infter ; in which .action itfnallbe fufiicient for the plaintifi' or plaintiffs to declare that the defendant or defendants is or are indebted to him or them (in tlie fum to which the coils and expences, afcertained in manner aforefaid, fhall amount) by virtue of this act j and the certificate of the fpeaker of the houfe of commions, under his fignature, of the amount of fuch cofts and expences, together with .an exa- mined copy of the entries in the journals of the houfe of commons, of the refolution or refolu- tions of the faid fclcCl committee or committees, fhall be deemed full and fufiicient evidence in fupport of fuch adlion of debt. Provided always. That in every fuch action of debt, no wager of lav/, or more than one imparlance fliall be al- Tud cment in I'-^^cd ; and the party or parties in whofe favour fuch aftions to judgement iliall be given in any fuch a6tion, fnall entitle the party "^ ° . . ^ ■' to cofts. recover his or their cofts. Perf.ns pay'ng 04. And bc it furtlicr enacted. That in cofts miy le- cover a j ropor- cveiy cafc whcrc thc amount of fuch cofts and tion thc.cof irom n n i 1 r ^ r anycthr-pz.fons cxpcnccs Ihail havc been lo recovered from any iiab.c uiceta. ^^^^^^ ^.. pejjbns, it ftiall and may be lawful for fuch pcifcn or perfons to recover in like manner from 28 GEOP.GII III. CAP. 52. 2^^ iToni tlie other perfons, or any of them, if fuch there fiiiill be, who fliall be liable to the pay- ment of the faid coits and expences, a propor- tionable fhare thereof, according to the number of perfons fo liable. 25. And be it furrher enafted. That when the me- whenever any fuch fele6l committee, appointed '^^l^^d IToi^il to trv the meiits of any fuch petition as aforefliid, ^i""' '■5<'p^'^'«e ■' ^ _ -^ the right of Ihail be of opinion that the meiits of fuch petition eicaion, &c. Statements do wholly or in part depend on any queftion or fach right to be queftions which (hall be before them refpedting ing^^a'nd'Vhe' ' the right of elecliion for the county, city, bo- p;:rt';"S;hXi'r rouo;h, difliiil ofbur^jhs, or other place to which determination on ^ ' _ _ " . -^ , the merits of fuch petition fliall relate, or refwfting the right the petition, r , r- • • ^- • "i their judgement o,r chuiing, nominating, or appointing the return- on fuch ftate- ,T- ^ • r- I • ments. ]ng orncer or returning omcers, who is or are to make return of fuch eletlion, the faid committee, in fuch cafe, fhali require the counfel or agents for the f>;veral parties, or if there fliali be none fuch before them, fhall then require the parties them- felves to deliver to the clerk of the faid committee, ftatements in writing of die right of election, or of chufing, nominating, or appointing returning officers, for which they refpeftively contend ; and the committee fhall come to diflinfl refohi- tions on fuch ftatements, and fliall, at the fame time that they report to the houfe their final de- termination on the merits of fuch petition, alfo report to the houfe fuch ftatement or ftatements, together with theirjudgement with refped thereto; and fuch report fltiall thereupon be cnteied in the Report to be journals of the houfe, and notice thereof fl}ali be iou nsis, and fent by ihe fpeaker to the flieiiff or otl-.er return- (v',^''''tJ th^ re- ing officer of the place to which the fame Ihall ^^^^^"'"^ "*''"» T 4 relate ; 1^6 a8 GEORGii III. CAP. 52, relate ; and a true copy of fuch notice Ihall, by fuch IherifF or other returning officer, be fortli- with affixed to the doors of the county hall or town hall, or of die pariffi church neareft to the place where fuch election has ufually been held j and fuch notice ffiall alfo be inferctd, by order of the fpeaker, in the next London Gazette. pcrfons may, 26. And be it enaded. That it ffiall and within we'.ve ^ ' months af:er may bc lawful for any perfon or perfons, at any tttion to be ad- time within twelve kalendar months after the Prthe HghtTf '^^y on which fuch report ffiall have been made eieaian, &c. |.q ^j^^ houfc, or within fourteen days after the liihed day of the commencement of the next feffion of parliament after that in which fuch report ffiiall have been made to the houfe, to petition the houfe to be admiitted as a party or parties to op- pofe that right of election, or of chufing, nomi- nating, or appointing the returning officer or re- turning!; officers, who is or are to make return of fuch eledlion, which fnall have been deenied valid in the judgement of fuch committee. But i£ no fu:h 27. And be it enacted. That if no fuch petition fhill be . . fo prefented, th; petition ffiall bc fo prefentcd within the time iom^ue to be abcvc limited for prefcnung the fame, the faid eondufive. judgement of fuch committee, on fuch queftion or queftions, ffiall be held and taken to be final and conclufive in all fubfequent elections of m.embers of parliament for that place to v/hich the fame ffiall relate, and to all intents and purpofes what- foever -, any ufage to the contrary notwithilanding. Forty d»ys to 28. And be it enadbed. That whenever t^«T'the pre- any fuch petidon ffiall be fo prefented, a day anci tTTch)\7- holir ffiall be appointed by the houfe for taking ^•^ the fame into confideration j fo that the fpace of {■oity Oon 23 CEORGII III. CAP. 52. ^97 forty days at the lead fhall ahvays intervene be- tween the day of prefenting iuch peticion and the day appointed by the houfe for taking the fan-c into confiderarion ; and notice ot fuch day and hour fhall be infertcd, by order of the Ipcaker, in the next London Gazette, and fnail alfobe fent by liim to the Ihenff orcrher retiini- ing officer -for the place to which fuch petition Ihall relate ; and a true ccpy of fuch norice fliall, by the faid iherirr or other returning officer, be forthwith affixed to the doo;-s of the ccunry hail, or town hall, or of the par ifh church nearetl to the place where fuch election has ufually been held. 20. And be it enafted. That it fliail and ^'^'^^^"- J ' ing fjch pen- may be lawful for any peifon or perlbns, at any ^j'^"-' ••"> r-'- time before the day fo appointed for taking fuch to t>e adnCt«d » ... r J • • • > 1 /- iieiend fuch right petition into conlideration, to petition the houfe or e^a^a, &c to be admitted as a party or parries to defend fuch right of election, or of chufing, nominating, or appointing the returning officer or rerjrning offi-cers j and fuch perfon or perfons ffiali there- upon be fo admitted, and Hiall be confidercd as fuch to all intents and purpofes whatever. 30. And be it enacted, That at the hour Com^^-'ttw t? be appointed by the houfe for taking fuch petition -'>=, t-.-.tts cV into conlideration, the houfe fhail proceed to ap- a:-, fe *^d-r"-Sl point a felect committee to ttythe merits tlieiecf, cM-'c^'ivi^"' ^ according to the direftions of the above-iecited acts, and of this act ; and fuch fclefb com. mi tree fiiall be fworn to tty and determine the merits of fjch petition, fo fir as the fame relate to any quefrion or quellions refpecting the right of elec- tion for die place to which the petition ih:\U re- 298 28 GEORGII III. CAP. K2. late, or refpeding the right of appointing, no- minating, or chufing, the returning offjcer or returning officers who are to make return of fuch eledlion; and the determination of fuch com.- mittee on fuch quefcion or quefrions, fhall be be entered in the journals of the houfe, and fhali be held and taken to be final and conclufive in all fubfequcnt elections of members of parliament for that place to which the fame fnall relate, and to all intents and purpofes whatever, any ufage to the contrary notwithftanding. a Ceo. 2. c. -^i. And whcrcas it is am.ongft other things cited} enaclcd, by an a£l palled in the 2d year of the reign of his late majeily, king George the Second, intituled. An att for the more effectual prevent- ing bribery and corruption in die ele6lions of memibers to ferve in parliam.ent, that fuch votes fliall be deemed to be legal wliich have been fo declared by the laft determination in the houfe of commons; which laft determination concern- ing any county, fliire, city, borough, cinque port, or place, fliall be final to all intents and purpofes whatever, any ufage to the contrary not- withilanding : Be it ena6ted. That lO m.uch of And the fair.c the faid a6t as is above recited fliall be, and the as it may relate fame IS hereby repealed, in fo far only as the action S-' fiime relates, or miglit be confliTied to relate, to diTaVc! ^'^''"^ ^"y ^"^^ determination to be made in the houfe of commons, fubfequcnt to the paffing of tliis ad'. Ruiis, &:c. of 32. And be it enaded. That all and every be'in fo^cTwith t^c riilcs, rcgulations, authorities, or powers, miilieS Ippointl P^'cf^ribcd and given by the above-recited ads, ed under tiiis or by this ad, to fcled commiittees for the trial act. ' of controverted eledions or returns fhail be in full lS GEORGII III. CAP. 52. 299 full force and effeft with refpecl to fcleft com- mittees appointed by virtue of this aft for the trial of fuch queftion or , qucilions of right as aforeiaid, in as full and ample a fnanner as if the fame were herein repeated, and particularly and fpecially enaftcd, concerning fuch feletl com- mittees: Provided always, That the feveral rules Regulations and regulations herein-before enadted, by which nTzancef S^" certain perfons are directed to enter recognizances, n^^Tappirto and by which certain peifons are made liable to the Ft't^*'" relating ■' '^ folely to quei- payment of coflis, in the particular manner, and in tions rrCpcaing the feveral cafes herein-before fpccified, fhall not be conftrued to apply to the cafe of any peti- tion prefented in purfuance of this aft, and re- lating folely to any queftion or queftions refpcft- ing the right of eleftion, or of chufing, nomi- nating, or appoifldng a returning officer or re- turning officers. 23. And be it further cnaftcd, That when- committees not ever it fhall happen that parliament Ihall be pro- [.y the prorogL ro2;ued while any feleft committee fliail be fitting f'^"/^*' p^^»- for the trial of any fuch petition as aforefaid, and before they Ihall have reported to the houfe their determination diereon, fuch committee fhall not be dilToived by fuch prorogation ; but fliall be thereby adjourned to twelve of the clock on the day immediately following that on which par- liament Pnall meet again for the difpatch of bufi- nefs, (Sic/jiiaySy Good Friday, and Chriftr/ins Day, always excepted,) and all former proceed- ings of the faid committee fhall remain and con- tinue to be of the fame force and eftecTt as rf par- liament had not been [o prorogued j and fuch committee fliail meet on the day and hour to which jOO 28 GEORGII in. CAP. ^2. which it fhall be i'o adjourned, and fhall thence- forward continue to lit from day to day, in the manner provided in the above recited acts, and in this adt, until they ihall have reported to the houfe their determination on the merits of fuch petition. FORM OF THE PvECCGKIZANCE REFERRED TO IN THIS ACT. '^ Be it remembered, That en the day of in tiie year of our Lorc^ before me A. B. [fpeaker of the houfe of commons] or [one of his majefty's jufiices of the peace for the county of ] came CD. E. F. and J. G. and fcverally acknov/ledged theipfelves to owe to our fo vereign lord the king the following fums; that is to fay, the faid CD. the fum of two hundred pounds, and the faid E. F. and the faid J. G. the fum. of one hundred pounds each, to be levied on their refpedtive goods and chat- tels, lands, and tenem.ents, to the ufeof our faid fovereign lord the king, his heirs and fuccefTorSi in cafe the laid CD. lliali fail in performing the condition hereunto annexed. I'he condition of this recognizance is, that if the faid CD. fliall duly appear before the houfe of commons, at fuch time or times as lhail.be fixed by the faid houfe for taking into confideration the petition figned by the faid CD. complaining of an undue elec- tion or return for die of l^Here fpf'ctfy the couniyi citVy Icrcughy cr dijlritl cf hi:rghs~\ or 30 GEORGII III. CAP. . 301 or, complaining that no return has been made for the faid [ ] *^-^^ [ ] within the time limited by a6l of parlia- ment, or, that the return made for the faid [ ] of [ ] is not a return of a member or members according to the requifition of the writ, and lliall ap- pear before any fele6l committee which ftiall be appointed by the houfe of commons for the trial of the llime, and fhail renew his faid petition in every fubfequent fcfTion of this prefent parliament, until a felecl com- mittee fhall have been appointed by the faid houfe for the trial of the fame, or until the fame flirdl have been withdrawn by the permiiTion of the faid houfe -, then this re- cognizance to be void, otherwife to be of full force and effedt. a. d. 1787. ANNO 30° GEORGII III. CAP. *. yf>2 Acl to explain and amoid an Acl pajpd in the lotb Tear of the Reign cf his prefent Majejly^ touching the Ele5fion for Knights of the Shire to fervein Parliament for that Part of Great Britain called England, Whereas an ad vv-as pani-d in the aoth year of the reign of his prefent majefty, ^oCeo.s.c 17. intituled, * An acl to remove certain difficulties * This was printed before it could be aiccrtained, what v^'ould be the number of the chapter. relative 302 ;XO GEORGII in. CAP. i Relative to voters at county ele6lions,' whereby it is, among other things, enaded, That from and afccr the iirftday of January, 178 1, no per- fon fhall vote for elecfting of any knight or knights of the fnire to ferve in parliament, within that part of Great Britain called England, or the prin- cipality of Wales, in refpe^ of any mefliiages, lands, or tenements, which have not, for fix kalendar months next before fuch eleftionj been charged or aHelTed towards fome aid granted, or to be granted to his majefty, his heirs or fuc- cefibrs, by a land tax, (in cafe any fuch aid be then granted and afiefiabie), in the name of the perfon or perfons v/ho iliail claim to vote at fuch election for or in relpeft of any fuch meffuages, lands, or tenements, or in the name , of his or their tenant or tenants acttually occupy- ing the fame as tenant or tenants of the owner or landlord thereof: And v/hercas the form of af^ilTment prefcribed by the laid A6t, and thereunto annexed, denotes that the names, both of the proprietor and of the occupier, ought to be fpecified ; and doubts have arifen, whether, if fuch form be not ilriftly pur- fued, the fuffrage of the perfon claimiing to vote be admifiibie : azCeo. 3.C. 31. And whereas an act was palTed in the iid year of his prcfent Majefty 's .reign, intitu- led, ^ An aft for the preventing of bribery and corruption in the eledion of members to ferve in parliament for the borough of Crkkiadey in tlie county of Wilts^ whereby it is f^nacted. That fuch freeholders only fnall be entided to I ■ vote ;p GEORCII in. CAP. . ^^OJ vote in the eleclion of membeis to fcrve in par- liament for the faid borough of Cricklade^ as liiall be duly qualified to vote at cledicns for knights of the fliirc for the county of Wilts^ ac- cording to the laws in force for regulating county tleftions at the time of pafTing the lame aft. Be it therefore enaded by the king's m'wit ex- cellent majeit}', by and with the advice and con-- fcnt of the lords fpiritual and temporal and com- mons in this prefent parliament affembled, and by the authority of the fame, That nothing in the i'cr(;.n may vte ..,_ -inn 1 1 ni ^ though tenant's laid aits contained Ihall extend, or be conllrued name is not ia tr^ extend, to prevent any perfon from voting at ^^'^ ""*^ '"^"^ any ele61:ion of a knignt or knights of a Ihire to ferve in parliament v/ithin that part of Great Bri- tain called England, or the principality of Wales, or at any eledion of a burgefi or burgelTcs to ferve in parliament for the borough of Crickladcy in the county of IVilts^ for or in refpedl: cf any meiTuages, lands, or tenements, whicli have been charged or affeffed for fix kaiendar months next before fuch elG6lion, towards fome aid granted, or to be granted to his majefty, his heirs or fuccefT- ors, by a land tax, in the name of die perfon claiming to vote, or for or in refpcft of any mcf- luages, lands, or tenements, to which the peifon fo claiming to vote fliall have beconic entitled by dcfceiit, marriage, marriage fettleiTient, dcvife, promotion to any benefice in a church, or pro- motion to any ofEcc, Vvitliin twelve kaiendar months next before fuch eleftion, and v/hitli rnef- fuciges, land:i, or tenements, fliall have beeii Vy'ithin two years next before iuch eleiliion charged or 3C4 jO GEORGfl in. CAP. , or a{ielTed to the land-tax, in the n.ime of the perfun or perfons by or through whom fuch per- ion fo claiming to vote fhall derive his title to fuch me0liages, lands, or tenements, or of feme predeceiibr of fuch perfon fo claiming to voce, al- though the name of the tenant or tenants aftu- ally occupying fiich melTuages, lands, or tene- ments, Ihall not be inferted in fuch aifeirment, according to the form of alTeflrnent to the faid firft recited a6i: annexed. 2. And be it further ena6led by the authority ard aJtTiough his afortfaid, That nothing in the fiid acls contained ot: n^e^jnn^ ^^^^ cxtcnd, or be conflrued to extend, to pre- '^"'^^ vent any perfon from voting at any fuch elec- tion of a knight or knights of any fhire, or of a burgefs or burgeflcs for the faid borough of Crickladcy (or or in refpeil of any mcfTuages, lands, or tenemicnts, v,'hich have been charged or af- feffed, for fix kaiendar months next before fuch election, towards fome aid granted, or to be granted to his majefty, his heirs or fuccefTors, by a land tax, in the name of a tenant or tenants ac- tually oc;:upying the fame at tlic time of fuch aireffmicnt being made, although the name of the perfon fo claiming to vote, or the perfon or pcr- fons by or through whom fuch perfon fo claiming to vote derives his tide, or of the predecefibr of the perf:^n "lo chiming to vote, fhali not be in- ferted in theafreifmenr, according to the form of the aircllment to the faid firft recited aft annexed. 31 CEORCII III. CAP. g, 3OJJ ANNO 310 GEORGII HI. CAP. 3. An Jcl to give further Time to John. Micbride, Ef- qiiire^ and his Sureties j for entering into their Re-* cognzances.y in refpeS of his Petition prejented to the Houfe of Commons y complaining of an undue Ele^ionand Return for the Borough o/Pl}' mouth, in the County q/" Devon. Vv HERE AS by an ad, made in the twen- ty-eighth year of the reign of his prefent majefty, intituled, * An ad for the further reo-ulation of '?n^/°*I";.,i the trials of controverted eleclions, or returns of members to ferve in parliament/ it is enad- ed, that no proceeding fhall be had in the houfe of commons upon any petition prcfented to the faid houfe, complaining of an undue eledion, or rettirn of a member or members to ferve in parliament, by virtue of the faid ad, or of any of the ads therein mentioned, unlefs the per- fon or perfons fubfcribing fuch petition, or fome one or more of them, fliall, vviihin four- teen days after the fame fhall have been pre- fented to the faid houfe, or within fuch further time as fhall be limited by the houfe, under fuch reftridions as are therein alfo mentioned, perfonaily enter into a recognizance to our fo- vereign lord the king in the fum of two hun- dred pounds, with two fufficient fureties in the u fum goS 31 GEORGII III. CAP. 3. fum of one hundred pounds each, in the form, and upon the condition particularly mentioned in the faid act : And whereas John MacbrUe, Ef- quire, a captain in his majcfty's royal navy, and now commander of his majefty*s (hip Cumber- land, who was a candidate at the laft elet^ion for the borough of Plymouth in the county of DevoHf to be one of the reprefentatives for the faid borough in parliament, failed from this country on his majefty's fervice on or about the twenty-third day of Oftober one thoufand feven hundred and ninety, having left behind him a pe- tition figned by him, complaining of an undue cledion and return for the faid borough ; which petition was prefented to the houfe of commons on the third day of Dccember.one thoufand feven hundred and ninety, and which is ordered by the houfe of commons to be taken into confix deration on the nineteenth day of April one thoufand feven hundred and ninety one : And ' whereas the faid John Macbride being ftill ab- fent on his majefty's fervice, the houfe of com* mons have enlarged the time for his entering into fuch recognizance for thirty days, being the full extent of the time allowed by the faid ad: fjr that purpofe ; but it being yet uncertain when he will return to this country, it is expe- dient that the time given to the faid John MaC" bride and his fureties to enter into the recogni- zance aforefaid fhould be further enlarged ; be it therefore enacted by the king's mofl excel- lent 32 cEORcii iir. CAP. I. 307 lent majefty, by and with the advice and con- fent of the lords fpiritual and temporal, and commons, in this prefcnc parliament affembled, and by the authority of the fame, that in cafe if captain ihQ {:xiA John Macbride fliall, within thirty days llJ^t day's Ser' next after his return to this country, enter into l!i!'V"'" '°''''* J ' country, enters the recognizances required by the faid ad, with '"t° «he rccog- o ^ ■' ' nizances reqinr- fufficicnt fureties, in the manner and form ^d by the recited adts, the fame therein mentioned, the fame fliall be as valid ft»ii be valid. • and efFedlual to all intents and purpofcs what- foever, as if the fame had been entered into within the time limited by the faid adt, any thing in the faid ad to the contrary notwith- ftanding, A. D. 179T. ANNO 32° GEORGII III. CAP. I. n4n yid. to extend the Provifions of certain ABs of Parliament made to regulate the Trials of Contro^ verted Eledions, or Returns of Members tojerve in Parliament, Whereas by an aa, pafTed in the eleventh year of the reign of his prefent majefly, intituled, * An a£t to explain and amend an i,gco. in. ad, made in the laft: fcffion of parliament, in- "p- 4- r«itcd. tituled, An ad co regulate the trials of contro- verted eledions, or returns of members to ferve in parliament;' it is enadcd, that, on the day- appointed by the houfe of commons for taking u 2 into JoS 32 GEORGII III. CAP. I. and 28 Geo. Ill, cap. 52, recited. On days ap- pointed by the commons fcr taking petitions into confidera- tion, mefTjges from the lords may be received previous to read- ing the Order of the da_y ; and on days appointed for trial of arti- cles of impeach- menr, bufinefs necefTary for carrying on the profccution may in like manner 1>e proceeded on. into confideration any petition complaining of an undue eledion, or return of any member to ferve in parliament, the houfe fluH not proceed to any other bufinefs whatfoever, except the fwearing of members, previous to the reading the order of the day for that purpofe : and whereas by an ad, paffed in the twenty-eighth year of the reign of his prefent majefty, inti- tuled, * An ad for the further regulation of the trials of controverted eledlions, or returns of members to ferve in parliament,* it is enaded, that it lliall and may be lawful for the houfe, previous to the reading fuch order, to proceed to fuch other bufinefs as in the faid adt is par- ticularly fpecified : And whereas it is of im- portance, that the like power fliould be ex- tended to the feveral cafes herein-after men- tioned, be it enaded by the king's mofl ex- cellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and* commons, in this prefent parliament aflembled, and by the authority of rhe faine, that on the day appointed by the houfe for taking irto con- fideration any petition complaining of an undue eleftion, or return of any member to ferve in parliament, or the petition of any perfon or perfons defiring to oppofe any right of eleflion, or the right of chufing, nominating, or ap- pointing any returning ofBcer or returning offi- cers, which (hall have been deemed valid by the determination of any fcled committee, it fliajl 33 GEORGII III. CAV. 64, ^09 fliall and may be lawful for the houfe, previous to the reading the order or orders for taking any fuch petition or petitions into confideration, to receive any meflage or meliages from the lords; and alfo that it Ihall and may be lawful for the houfe, on the days appointed for the trial of any articles of impeachment exhibited or to be exhibited by the commons before the lords in parliament, previous to the reading any fuch order or orders as aforefaid, to proceed to any bufinefs that may be neceffary for the purpofe of carrying on the profecution of fuch impeach- ment. A, D. 1792. ANNO 330 GEORGII III. CAP. 64. ^n A^ to explain and amend an AB, pajfcd in the Seventh and Eighth Tears of King William the Third J intituled, ' An Acl for the further regu- lating Ele5Jions of Members to ferve in Parlia- ment, and for the preventing irregular Proceed- ings of Sheriffs and other Officers in the electing and returning fuch Members^ Jof^^ ^-^ relates to the Publication of Notices of the Time and Place of EU5lion, Whereas by an aa, made and paf- fed in the fevenih and eighth years of the late king William the third, intituled, ^ An ad for u 3 the 3lO 33 GEORGII III. CAP. 64. 7&8Gui.iTi. the further regulating eledlions of members to cap. 25. recite . ^^j-yg jj^ parliament, and for the preventing irre- gular proceedings of ilieriffs and other officers in the elefllng and returning fuch members/ it is enabled, that the proper officers therein mentioned (hall, upon the receipt of precepts for the election of members to ferve in parlia- ment, forthwith caufe public notice to be given of the time and place of election, and fhall pro- ceed to election thereupon within the time by the faid a6l limited, and give four days no- tice at Icaft of the day appointed for the elec- tion ; but it is not in the faid aft fpecified at what time or within what hours of the day it fiiall be incumbent on the proper officer to give fuch public notice as aforefaid ; And whereas, by reafon of fuch uncertainty, great inconve- niences may arife from the undue pracftices of returning officers and others : May it pleafe your majefly that it may be enabled ; and be it enadted by the king's mofl excellent majefly, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prcfent parliament aflembled, and by the autho- Noticesofthe rity of the fame, that, from and after the paf- rfc diclsfor f-Hg of this acSt, all notices to be given of the r.rnrnt'to^be^^' tJiTie and pkcc of any eledion for members to l.rlnLw. ferve in parliament, fhall be publicly given at the ufual place or places within the hours of eight of the clock in the forenoon and four of the clock in the afternoon, from the twenty-Jifth dav 34 cEORGir in. cap. 73. ^X} thy o^O^obcr to the twenty fifth day of March inclufive, and within the hours of e'l^ht- of the clock in the forenoon and Jix of the clock in the afternoon fioni the twenty-fifth day of March to the twenty-fifth day oiO^oher inclu- sive, and not othervvife •, and that no notice to be given of the time and place ofelcdions of members to ferve in parliament fhall be deemed or taken to be a good or valid notice for any purpofes, or to any effedt whatfoever, which (hall not be made and publifhcd in the man- ner and within the time of day aforefaid ; any law, ftatute, ufage, or cuflom to the contrary notwithftanding. A.D. 1793. ANNO 340 GEORGII III. CAP. "J ^^ Ail A51 for dired,mg the Appointment of Cotimif- fionerst io adminifter certain Oaths and Declara- tions required by Law to be taken and made by Perfons offering to vote at the Election of Members to ferve in Parlia/uent, W HEREAS great delays have arifen in the ele(5lion of members to ferve in parliament for places in England, Ifales, and the town of Berwick upon Tweed, by the time and place in v^hich the oaths of allegiance, fupremacy, the declaration of fidelity, the oath of abjuration, u 4 and 31^ 34 GEORGII III. CAP, 72* Returning offi- cers, on requeft of candidates, to appoint perfons toadminifterthe oaths of allegi- ance, &c. and the declaration or affirmation of the effe<5t thereof, are ufually adminiftcred to ekdqrs ; and in many places it might thereby be rendered impradticable to receive the votes of all perfons claiming and having a right to vote within the lime limited by law for the duration of the polls at fueh elections ; Be it enaded by the king'?* moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prcfent parliament aflem- bled, and by the authority of the fame, that from and after the paffing of this a6l, when a poll (hall be demanded at any eledtion of a member or members to ferve in parliament for any county, city, borough, or other place ir> England or Wales., or for the town of Berwick upon T'weed, the returning officer or officers at every fuch election, after fuch poll (hall be de- manded, (liall, at the indance and requeft in writing of any of the candidates, under his or their hand or hands, immediately after fuch re- queft, and before he or they (hall proceed fur- ther in taking the poll, retain, nominate, and appoint, two or more perfons to adminifter the oaths of allegiance, fupremacy, the declara- tion of fidelity, the oath of abjuration, and the declaration or affirn)ation of the effed: thereof, now required by law to be taken, made, or fubfcribed by voters at eledlions of members to ferve in parliament, and to certify the names of the refpedive eledors who lliall take fuch oaths, 8 34 GEORGii iir. CAP. 77. 2'3 oaths, or fubfcribe and make fuch declarations or affirmations refpedivtly, in manner herein- after mentioned •, and the perfons to be ap- pointed as aforefaid, or in manner hcrein-afier mentioned, fliall refpeclivcly have full power, and each of them is hereby authorized and re- quired to adminifter all and every fuch refpec- live oaths, declarations, and affirmations to eveiy fuch eledlor who fliall defire or be re- quired to take the fame oaths, cr any of thern, or to fubfcribe or make the faid declarations and affirmations refpeclively, previous to his voting at any fuch eled:ion ; and every fuch perfon fo p„fonsro.ip. appointed as aforefaid (liall, immediately after p;^"^«:<| touke » r » J the following fuch appointment, and before he {hall take upon him to afl under fuch appointment, take the following oath ; (that is to fay), * I do fwear, that I will faithfully and impar- Oaih. tially adminirter the oaths of allcg'ance, fupre- macy, and abjuration, and the declaration of fidelity, and declaration or affirmation of the effecl of the faid oath of abjuration, to fuch perfons as (hall lawfully apply to me in that be- half, in order to qualify themfelves to vote at this election ; and that I will, on beino there- unto requelled, fairly and truly give to every fuch perfon, or any of them, who (hill tnke fuch oaths, or fubfcribe fuch declaration of fide- lity, and make fuch declaration or affirmation of the effed of the faid oath of al^jurarion, or either of them, before me, a certificate thereof, according 314 34 GEORGII in. CAP. 7g. according to the diredion of an aft of parlia- ment, made in the thirty-fourth year of the reign of his majefiy king George the thirds in- tituled, [Here fet forth the title of the a^]^ and that I will not give fuch certificate to any per- fon before he fhall have taken fuch oath or oaths, or made or fubfcribed fuch declaration or declarations, affirmation or affirmations, as fliall be mentioned in fuch certificate, before me and in my prefence :* Which oath to be taken by the refpedive per- fons fo to be appointed, the returning officer or officers at every fuch eledion, and his or their deputy and deputies, or any of them, is and are hereby authorized and required to admi- rifter. Eieftorstoap- H. And be it further enabled by the autho- foL^before Jo!l ^ity aforcfaid, that after the perfons fo appointed ing.whoihau Q-,311 j-jjyg taken fuch oath, fo required to be adminiirer the ' t- oaths of aiiegi- taken by them refpe<5lively as aforcfaid, any ance, &c. and ■' . ■' gire certificates petfon Or pcrfons claiming to vote at any fuch election as aforefaid may at any time, before he or they (hall give his or their vote or votes at fuch eleclion, apply to any one of the perfons fo appointed and fworn as aforefaid, to take the faid oaths of allegiance and fupremacy, and ab- juration, or any of them, or to fubfcribe the faid declaration of fidelity, and make the faid declaration or affirmation of the effe<5l of the faid oath of abjuration, or either of them, and the perfon to whom fuch application fhall be made (hall 34 cEoRGir III. CAP. 73. 3^5- fliall accordingly adminifter the fame to fuch perfon or perfons fo claiming a right to vote, and Ihall immediately upon fuch oaths being taken, or declarations or affirmations refpec- tlvely being fubfcribed or made, fign and de- liver a certificate thereof to fuch perfon who fliall have taken fuch oaths, or made or fub- fcribed fuch declarations or affirmations refpec- tively, which certiticate fhall contain the name, addition, and place of abode, of the perfon to whom the fame (hall be fo given ; and in cafe of perfons taking the faid oaths, fliall be in the terms following; (that is to fay) A. B. [naming the perfon taking the oath] of Form of certifi- [naming the place of fuch per/on* s abode , and his oath*, addition or occupation'^ has taken the oath [or oaths] of [naming the faid oath or oaths fo admi^ nijiered'] before me this day of And in cafe of ^takers fubfcribing the faid declaration of fidelity, or taking their affirma- tion of the efFedt of the faid oath of abjuration, fhall be in the form following ; (that is to fay) y^. B. [naming the pcifon fubfcribi7tg or affirming^ or of malting of [jtaming the place of fuch perfon* s abode, and his addition or occupation'] has made and fubfcribed the declaration of fidelity, and affirmed the efFed: of the oath of abjuration [or if only one of thofe acis has been done, then naming fuch one ad onlyl before me, this day of And affirmation. gl6 34 GEORGII III. CAP. 73. Produaion of And every^ fuch perfon to whom fuch certificate certificate toin- ^ ,, , ^ . 1 1 • • 1 tide to vote. ihall be lo given, and having a right to vote at fuch election, Qiall, on producing fuch certifi- cate to the returning ofiicer or ofHcers, or other perfon or perfons lawfully taking the poll at fuch eledion, be permitted to poll, and his Vote fball be taken and received in like manner as if fuch refpedtive oaths, declarations, or affir- mations, mentioned and exprelTed in fuch re- fped:ive certificates, had been adminiftered by, and made, fubfcribed, or taken before, the re- turning officer or officers at fuch eledtion. Perfons ofFering j}]^ ^,3^ bg jf farther cnadcd by the autbo- to vote without producing certi- nty aforefaid, that when any perfon or perfons draw 'and take offering to votc at any fuch election, without producing fuch certificate as aforefaid, ffiall be lawfully required to take the faid oaths of alle- giance, fupremacy, and abjuration, or any of them, or to fubfcribe the faid declaration of fidelity, and make the faid declaration or affir- mation of the effecl of the faid oath of abjura- tion, or either of them ; then fuch oaths, fub- fcription, declarations, or affirmations, or any of them, fhall not be adminiflered by the re- turning officer or officers, or other perfon or perfons taking the poll, but the eledor or elec- tors [o required to take fuch oaths, or to fub- icribc or make fuch declarations or affirma- tions refpented flj.juid poll at any fuch eledlion it (hall be found that morlnuybV the number of perfons fo appointed as aforefaid •pp''*'"^ • is infufficient for the purpofes aforefaid, and that the poll is delayed for want of a fufficient nvimber of perfons lo adminiller fuch oaths, declarations, and affirmations as aforefaid, then and in every fuch cafe the returnipg officer or officers at fuch eleclion may, and he or they is and are hereby impowered and required, at the inftance and requeft in writing of any candidate then prefent, to retain, nominate, and appoint, fuch further number of perfons, for the pur- pofe of adminiftering the faid oaths, declara- tions, and affirmations as aforefaid, and of granting fuch certificates as aforefaid, as Ihall be neceffary to prevent fuch delay; and the per- fons fo nominated and appointed fhall take the like oath, which (hall be adminiftered to them refpeftively in like manner as is herein-before directed vvith refpetl to the pcrfons firft ap- pointed for the purpofes aforefaid. V. And be it further enabled by the autho- Returning om- . - . , , . ~ cers to appoint ritj' aforefaid, that the returning orhcer or re- propcrpi ces rr turning officers at every fuch eledion Ihall, and '^,-'"^^ "'*' '* is and are hereby required to appoint, find, and provide, a proper plaee for every fuch pcrfon,, fo 3*8 34 GEORGII III. CAP. 72. fo appointed as aforefaid, to execute the duty hereby impofed upon fuch perfon, to which place the refpeftive ele(ftors may have free ac- cefs, without interrupting the poll, and fo as to enable the perfons fo appointed to a6t fepa- rately without interfering with each other in the execution of their office j and that each of the faid places fo appointed (hall be open, and at- tended by the perfon or perfons appointed to adt there, during all fuch times as the poll at any fuch eleftion Hiall be kept open, and con- tinue at leaft eight hours in every day, between the hours of eight in the morning and eight in the evening, until the final clofe of the poll ; and that the faid oaths, and the faid declara- tions or affirmations of the effed: of the faid oath of abjuration, {hall refpecftively be admi- niftered to as many of the eledors, being ready, and deliring to take or make the fame refpec- tively, as can conveniently take or make the fame together, not exceeding the number of twelve at onetime; and fuch returning officers Ihall alfo find, provide, and deliver to each perfon, who fhall be appointed by him or them in manner aforefaid, a fufficient number of printed forms of the declaration of fidelity re- quired by law to be made and fubfcribed by fakers f before they can be admitted to vote at ' fuch eledlion, with blanks therein for the names of the perfons offering to make and fubfcribe the fame to be inferted therein, one of which forms 4 Ihall 34 C5E0RCII III. CAP, 73. 3'9 The returning officer, on no- tice, to provide fhall be filled up with the name of, and fubfcrib- ed by, the perfons defiring to make and fiib- fcribe the declaration of fidelity ; and fuch re- turning officer or returning officers Ihall alfo find, provide, and deliver to each perfon who (hall be fo appointed by him or them as afore- fiiid, a fufficient number of printed certificates, agreeable to the form herein- before direfted, to be filled up as occafion fnajl require, and deliver to each eledtor fo taking the faid oaths, or fub- fcribing or affirming as aforefaid, VI. And be it further enaded by the autho- rity aforefaid, that in cafe the candidates, or any of them, (liall, three days at the leaft before S/I>rth;"d.^ any fuch eledtion, give or caufe to be given no- *** «i<'^ion' ticc in writing to the returning officer or officers to provide proper places for adminiftering the faid oaths, declarations, and affirmations as aforefaid, to the eledtors^ then in every fuch cafe fucli proper places (hall be prepared and provided, fo as to be ready before and againft the day of eledion ; and in cafe there fhall not be a fufficient number of fit and convenient places for that purpofe, at the town or place where fuch elcdion Ihall be had, which the returning officer or officers can conveniently and at a rea- fonable expence procure, then the faid return- ing officer or officers fhall, and is and are here- by required to caufe fuch booths or temporary er?(5lions to be made, in convenient places in that behalf, as fhall be neceflary for the pur- pofe. ^20 ^4 GEOHGII III. CAP. J3." d cap. 5-i, recited, twenty-cjghth year of his prelent majelty s 34 GEORGII III. CAP. 83. 321 reign, intituled, * An a6l for the further regu- lation of ihc trials of controverted elccftions, or returns of members to ferve in parliament,' it is enadted, that whenever any fuch fele<5t com- mittee of the houfe of commons, as is therein mentioned, fhall have reported to the houfe their judgment refpet^ing the right of ele6lion of members to ferve in parliament for any county, city, borough, or place, or of chufing, nominating, or appointing, the returning of- ficer or returning officers, who is or are to make return of fuch elefbion, it fiiall be lawful for any perfon or perfons, at any time within twelve calendar months, after the day on which fuch report (hall have been made to the houfe, or within fourteen days after the day of the com- mencement of the next feffion of parliament after that in which fuch report fliall have been made to the houfe, to petition the houfe to be admitted as parties to oppofe the right which has been deemed valid in the judgment of fuch committee; and that when fuch petition fliall be fo prefented, a day fliall be appointed by the houfe for taking the fame into confi- deration, fo that the fpace of forty days at the lead fliall always intervene between the day of prefeniing fuch petition and the day appointed by the houfe for taking the fame into conli- deration : and whereas the faid provifion which direfts that the faid fpace of forty days fhall in- tervene between the day of prefenting fuch pe- X tition 322 34 GEORGII III. CAP. 8j. Timeofprefcnt- ing and hearing renewed peti- tions of peilons praying to be admitted as par- ties, to oppofe ther ghtof elec- tion reported by committees. If fuch petitions be not renewed, tile judgment of committees to be final. tition and the day appointed by the houfe for taking the fame inro confideration, hath been conftrued to extend to petitions which are re- newed in any feffio!! or fefTions of parliament, fubfcquent to that in which fuch petition was originally prefented to the houfe, which pro- ceeding hath been found to be inconvenient ; for remedy thereof, be it enaded by the kino*s mofl excellent rnajefly, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parhament aflem-r bled, and by the authority of the fame, that every petition, fo renewed as aforefaid, fhall be prefented to the houfe within fourteen days after the day of the commencement of any fuch fub- fequent feffion or felTions of parliament, and not otherwife; and that whenever any fuch tenewed petition fhall be fo prefented, a day and hour, at not lefs than fourteen days diftance, fhall be appoirted by the houfe for taking the fame intq conlideration ; any thing in the faid adl to the contrary thereof notwithftapding. II. And be it further ena6ted, that if any fuch petition fhall not, from time to time, and in every fefiion of parliament, until the fame Ihall be taken into conlideration, be fo renewed within the time above limited for renewing the fame, the judgment of fuch conimittee on fuch queftion or qucftions (ball be held and taken to be final and conclufive in all fubfcquent elec^ tions of members of parliament for that place to which 36 CEORGII III. CAP. 59: 323 which the fame fliall relate, and to all intents and purpofes whatfoever. A. D. I 794. recited. ANNO 360 GEORGII III. CAT. 59. An A5i for the more effe5lual Execution of fever al Ads of Parliament^ made for the 'Trials of con- troverted Ele^io/JSy or liclur'iis of Members to ferve in Parliament, Whereas by an aa, paHl-a in the tenth j'ear of the reign of his prtlcnt mDJ.{ly, intituled, ' An a(5l to regulate the trials of con- lo n«o. in, troverted eledions, or returns of members to ferve in parliament,' it is enaded, that at the time appointed for taking any petition, com- plaining of an undue elciftion or return of a member or members to ferve in parliament, into confideration, and previous to the reading the order of the day for that purpofe, the houfe fnall be counted, and that if there be lels than one hundred members prefent, the order for taking fuch petition into confideraiion lliall be imme- diately adjourned to a particular hour on the following day, as therein mentioned, and the houfe fiiall then adjourn to the laid day ; and that on the faid following day the hovde fliall proceed in the fame nunner ; and fo from day to day till there be an attendance of one hun- ,drcd members at the reading the order of the day to take fuch petition into conf.deration : X 2 And 324 36 GEORGII III. CAP. 59. II Geo. III. recited. 25 Geo. III. recited. aS Geo. III. recited. And whereas by an af^, pafled in the ele- venth year of the reign of his prefent majefty, for explaining and amending the faid aft, it is enaded, that if at the time of drawing by lot the names of the members, in manner pre- fcribed by the faid former ad, the number of forty-nine members, not fet afide nor excufed, cannot be completed, the houfe fhall proceed in the manner they are directed by the faid for- mer ad to proceed, in cafe there be lefs than one hundred members prefent at the time therein prefcribed for counting the houfe; and fo from day to day, as often as the cafe Ihall happen : And whereas by an ad, pafled in the twenty- fifth year of the reign of his prefent majefty, intituled, * An ad to limit the duration of polls and fcrutinies, and for making other regula- tions touching the eledion of members to ferve in parliament for places within England and Wales, and for Berivick upon Tweed, and alfo for removing difficulties which may arife for want of returns being made of members to ferve in parliament i' and by one other ad, made in the twenty-eighth year of the reign of his prefent majefty, intituled, * An ad for the further re- gulation of the trials of controverted eledions, or returns of members to ferve in parliament,' it is enaded, that petitions complaining of the omiffion, or of the infufficiency of a return to any writ iftued for the eledion of any member or members to ferve in parliament, and alfo the petitions 36 GEORGII III. CAP, 59. 325 petitions of any peifon or perfons dell ring to oppofe any right of election, or the right of chufing, nominating, or appointing, any re- turning officer or returning ofiicers, which Ihall have been deemed valid by the determination of any feledt committee, fhall be taken into confideration, tried, and determined, in the fame manner as peritions complaining of undue elections and returns are diredled to be taken into confideration, tried, and determined, by the faid adts pafled in the tenth and eleventh years of the reign of his prefent majcily : And whereas it is expedient that further pro- vifion fhould be made for preventing delay in the appointment of any fuch feled committee, to be appointed for the purpofes aforefaid, any or either of them : be it enafted by the king's moft excellent majefly, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affcm- bled, and by the authority of the fame, that ;/, after counting of the houfe in the manner before mentioned, there be lefs than one hundred mem- bers prc/enty or if the forty-nine mcmbeis, not fee afide nor excufed, cannot be completed, :'/ Jhall and may be lazvful for the houfe, (after the order or orders for taking any fuch petition or petitions into confideration, Ihall have been ad- journed to a particular hour, on the following or fuch other day as in the faid ads is diredted), to proceed (in like manner as they might have proceeded 026 3^ GEORGII III. CAP. 50; pfoceeded if there had been no order or orders for taking any fuch petition or petitions into confideration on that day) upon any order of the dr.y for the call of the houfe, which Ihall have been prcvioully fixed for that day, and to dired that the houfe, in purfuance of fuch order, be then called over, if they fliall fo think fit, or to di- redt that fuch order of the day for a call of the houfe Ihall be adjourned to fuch future day as they fliall appoint, and in either of fuch cafes to come to fuch rcfolutions, and to make fuch orders relating thereto, as are ufually at any time made in fuch cafes, or as to them fliall feem meet; and in cafe no order of the day for a call of the houfe fhalt" have been previoufly fixed for that day, thep chat it (hall and may be lawful for the houfe to ordsr that the houfe JImU be called over ori Juth future day 'as' they thall appoint, and to make fuch orders relating thereto as they Ihall think neceffary, and in any cafe to make fuch orders as to them ihall feem expedient /or ■enforcing the attendance o{ the members on the -bufinefs of the houfe;; and that the houfe (hall then adjourn to the fame day to which fuch order or orders fliall have been adiourned, and fo from time to time, as occafion (hall reqaire; and in cafe no fuch proceedings with rcfpe(5l to -any call of the houfe, or other the matters be- fore mentioned fliall take place, or if in the courfe of thofe proceedings the houfe (hall be adjourned for want of members, the houfe (hall 8 be 3^ cEORGii in. CAP. 59, 347 be deemed and taken, and fliall be declared to be adjourned to the fame day to which fach order or orders (hall have been adjourned : pro- vided alvvays, that in cafe the forty-nine mem- bers, not fi^t aiide nor excufed, cannot be com- pleted, it (hall ,not be lawful for the hoiife to proceed upon any of the matters before men- tioned, until the door of the houfe is unlocked, and the parries, their counfel and agents, are withdrawn from the bar. Provided alfo and be it enadted, that the houfe fhall not, on any day when any fuch pe-r tition or petitions fliall be ordered to be taken into confideration, proceed to any other bufmefs (other than fuch as may, by vii tue of any avfl: of parliament, be proceeded on previous to the reading of the order of the day for taking any fuch petition or petitions into confideration) until there be an attendance of one hundred members, or until the number of forty-nine members, not fet afide nor excufed, (hall be completed, other than and except to the calling over the houfe, adjourning fuch call, or order- ing a call of the hofife on a future day, and milking fuch orders reiniive thereto as they fhall thmk fit, or fuch other order, as to them Pnall fcem expedient for enforcing the attendance of the members on the bufinefs of the houfe, irj the manner before mentioned. A. D. 1796, APPENDIX. A A APPENDIX. 1 HE Appendix is divided into three parts. PART THE FIRST Is a colle£lion of all the orders of the houfe of com- mons now in force relating to writs, the eledions of members, and proceedings before fele6l committees, extracted from the journals and clafTed under the fol- lowing heads, viz. IJJulng the writ, ami delivery thereof , to the prober officer page ii Interference at deHiom^ and qualifications of dehors iii Bribery v Evidence at the pot! and before the houfe vii Salification of candidates ix Jurifdiilion of the hoife xi Petition, proceedings on petition, and foliclting the attendanca of members xii Exchange of lijls xxi Ealfe evidence and tampering with ivitncffes xxi Amending returns xxii PART THE SECOND Contains the adls rcfped^ing the eledions of peers and members for Scotland fubfequent to the union. xxiii PART THE THIRD Is a lift of all the controverted eledtions that have been determined before feledl committees, as well upon the right of elcBion as otherwife, with references to the journals of the houfe, A A 3 PART il RESOLUTIONS AND ORDERS PART I. Iffuing the Writ) and Delivery thereof, to the prO" per Officer, Ordered, 32 Nov. 1661, THAT for the future when any writ fhall be delivered for a new election of any member to ferve in parliament, the party that doth receive the writ, Ihall deliver, or caufe the fame forth- with to be fent and delivered to the proper officer of the place for which the eledbion is to be made. Vol. viii, p. 317. Ordered, i8 Feb. 166a. THAT the lord chancellor be defired by Mr. Speaker to take care, that when any writ fliall be fealed for a new eledlion of any mem- ber to ferve in parliament, that fuch writ be forthwith fent and delivered to the proper offi- cer of the place for which the eledtion is to be made. Vol. viii. p. 436. Ordered^ 13 April, 1675; THAT Mr. Speaker do give order to the clerk of the crown, to take care that the writs for eleflions of new m.embers be delivered to the flieriff, or proper officer. Vol. ix. p. 316, Ordered, OF THE HOUSE OF COMMONS, 111 Orderedy THAT Mr. Speaker be defined to give no- ^' ^^- '^78. tice to the clerk of the crown, to take care that ;he writs for the new ele(?cions be delivered to the hands of the high fheriffs of the refpedive counties : and that the houfe do..expe(5t an ac- count thereof. Vol. ix. p. 517. Refohedj THAT all writs for the dealing of members 7 Dec. 1694. to ferve in parhament be immediately fent to the proper officers for execution thereof, with all convenient fpeed. Vol. xi. p. 184. Interference at ele5fions, and ^idijications ofele^ors. Refolvedj THAT this houfe doth declare and order, 17 Nov. 1645. that alleledionsof any knight, citizen, or bur- gefs, to ferve in parliament, be made without interruption or moleflation by any commander, governor, officer, or foldier, that hath not in the county, city, or borough, refpecflively, right of eleifling ; and that this order be fent; to Red- diiige at the next eleftion : and it is further or- dered that this order be printed. Vol. iv. p, 346. Refohedi THAT the fending of warrants, or letters tsjan. i670i in the nature of warrants, or letters to hi^h con- A A 3 (tables. IV RESOLUTIONS AND ORDERS flables, or conftables, or other officers, to be communicated to the freeholders or other eledors, when a knight of the fhire or other member is to be chofen to ferve in parliament, or threatening the eleiflors, is unparliamentary, and a violation of the right of elections. Vol, ix. p. 191. Refolved, 30 April, 1690. THAT ^laJzers having a freehold, and re- fufing to take the oath when tendered by the (heriff, are incapable of giving their votes for knights of the (hire for that reafon. Vol. X. p. 396. Refolved, Nem, Con. iiDec. 169S. THaT no alien (not being a denizen, or naturalized) hath any right to vote in elec- tions of members to ferve in parliament. Vol, xii, p, 367, Refolved, SFeb. J705. THAT any perfori having a right to vote for two members to ferve in parliament, who hath given a fingle vote, have not a right to come afterwards and give a fecond vote during the faid eleclion. Vol, xv. p. 135, 137. Refolved, aiDcc. 1741. THAT the prefence of a regular body of armed foldiers at an eledion of members to ferve in parliament, is an high infringement of the liberties of the fubjedt, a manifeft violation of OF THE HOUSE OF COMMONS. _ -1 of the freedom of eleftions, and an open defi- ance of the laws and conflitution of this king- dom. Vol. xxiv. p. ^j, Refolved, THAT it is highly criminal in any minifter ioDcc, 1779. or minifters, or other fervants under the crown of Great Britain^ direftly or indiredly, to ufe the powers of office in the eledion of reprefen- tatives to ferve in parliament ; and an attempt at fuch influence will at all times be refentcd by this houfe, as aimed at its own honor, dignity and independency, as an infringement of the deareft rights of every fubjeft throughout the empire, and tending to fap the bafis of this free and happy conflitution. Vol. xxxvii. p. 507. Refohcdj THAT no peer of this realm hath any right to give his vote in the eledion of any member to ferve in parliament. Rcfohed, THAT it is a high infringement of the li- berties and privileges of the commons of Great Britain, for any lord of parliament, or any lord lieutenant of any county, to concern themfelves in the elections of members to ferve for the commons in parliament. Note^ — T^he two laji rejolutions are ?nade at the comrnencement of every Jejfion. Bribery, . Refolvcdf THAT if any perfon hereafter to be ele^fled 3 Aori), 1677, A A 4 into Vi RESOLUtlOKS ANO ordejis "into a place for to fit and ferve in thehoufe of commons for any county, city, town, port, or borough, after the tede or the iffuing out of the writ or writs of election, upon the calling or fummoning of any parliament hereafter ; or^ af- ter any fuch place becomes vacant hereafter in the time of parliament, (hall, by himfelf or by any other on his behalf or at his charge, at any -time before the day of his eledion, give any perfon or perfcns having voice in any fuch elec- tions, any meat or drink, exceeding in the true value ten pounds in the whole, in any place or places but in his own dwelling houfe or habita- tion, being the ufual place of his abode iox fix months laft paft; or-fhall, before fuch election be made and declared, make any other prefent, gift, or reward, or any promife, obligation,, or engagement to do the fame, either to any fuch perfon or perfcns in particular, or to any fuch county, city, town, port, or borough in ge- neral, or to or for the ufe and benefit of them, or any of them, every fuch entertainment, pre- fent, gift, reward, promife, obligation, or en- gagement, is by this houfe declared to be bri- bery ; and fuch entertainment, prefent, gift, reward, promife, obh'gation, or engagement being duly proved, is, and (hall be a fufficient ground, caufe and matter, to make every fuch eledion void as to the perfon fo offending, and to render the perfon fo elecfled, incapable to tit in parliament by fuch eledion : and hereof the committee of eledions and privileges, is ap- pointed to take efpecial notice and care, and to aa: OF THE HOUSE OF COMMONS, VU a(^ and determine matters coming before them accord ingh''. Refohedt THAT the faid order againft exceflTive drink- ing at eledions, be a further inftrudlion to the committee of ele(5lions, and that it be from time to time entered amongft the conftant and {landing powers and inflruftions given by the hoLife of commons to the fiid committee. Vol. ix. p. 411. Rxfohcdy THAT the lending of money upon any fe- i7Mar.i7oo-i- curity to a corporation which fends members to parhament, and remitting the intertft of the fame vvith intent to influence the elcdtion of fuch corporation, is an unlawful and dangerous pradice. Vol. xiii. p. 410. Refohed, THAT if it (hall appear that any perfoii hath procured himfclf to be elected or returned a member of this houfe, or endeavoured fo to be, by bribery or any other corrupt prafliccs, this houfe will proceed with the utmoft feverity againfl fuch perfon. Note. — This refohit'ion is made at the com* mencement of every feffion. Evidence at the poll and before the houfe* Rcfolved, THAT evidence ought not to be admitted 16 Jan. 1695. to difqualify an elector as no freeholder, who at the elcdion fwore himfelf to be a freeholder. Vol. xi. p. 394. Ordered, y'jLlt KISOLUTIONS AND ORDERS «6jan. 1755. THAT the counfel at the bar of this houfe, or before the committee of privileges and eledl- tions, be reftrained from offering evidence touching the legaHty of votes for members to ferve in parliament for any county, (hire, city, borough, cinque port, or place contrary to the laii determination in the houfe of commons ; which determination by an a61 paffed in the 2d year of his prefent majeily's reign, intituled * An aft for the more effectual preventing bri- bery and corruption in the eleftion of members to ferve in parliament,* is made final to all in- tents and purpofes vvhatfoever, any ufage to the contrary notwithftanding. Vol. xxii. p. 498. Refolved, ?6Fcb. 1735. THAT the counfel for the petitioners be ad- mitted to give parole evidence as to a perfon be- ing no freeholder at the time of the eledion who fwore himfelf then to be a freeholder. Vol. xxii. p. 593. Refolved, ji March, 1735. THAT the counfel for the petitioners be ad- mitted to give evidence as to what a voter con- feffed of his having no freehold, who at the time of the eledion fwore he had. Refohed, THAT the counfel for the petitioners be ad- mitted to give evidence as to a perfon having no freehold at all, to whom the petitioners objeded in their lift of objedions that fuch perfon had not a freehold of 403. per annum. Vol.xxii. p.604, ^'al'ification OF THE HOUSE OF COMMONS. IX ^lal'ificatkn of Candidates. Refolved, THAT no mayor can duly return himfelf a June, 1685. a burgefs to ferve in parliament for the fame borough of which he is a mayor at the time of the eledlion. Vol. ix. p. 725. Refolved, THAT no mayor, bailiff, or other officer of , junc, 1685. a borough, who is the proper officer to whom the precept ought to be directed, is capable of being elected to ferve in parliament for the fame borough of which he is mayor, bailiff, or officer at the time of the ele<5^ion. Vol. ix. p. 725. Refolved, THAT notwithflanding the oath taken by 21 Nov. 1717^ any candidate at or after any eledion, his quali- fication may afterwards be examined into. Vol. xviii. p. 629. Refolved, THAT the perfon whofe qualification is ex- ax Nov. 1717. prefsly obje^l:ed to in any pecition relating to his eledion, fhall within ///a^;/ days after the peti- tion read, give to the clerk of the houfe of commons, a paper figned by himfelf, contain- ing a rental or particular of the lands, tene- ments, and hereditaments, whereby he makes out his qualification, of which any perfon con- cerned may have a copy. Vol. xviii. p. 629. .Refolved, THAT of fuch lands, tenements, and here- uNov. 17x7. ditaments, whereof the party hath not been in pofTcffion * RESOLUTIONS AND ORDERS pofTeffion, for three years before the election, he ihall alfo insert in the fame paper from what perfon, and by what conveyance or a6l in law he claims and derives the famej and alfo the confideration if any paid; and the names and places of abode of the witneffes to fuch convey- ance and payment. Vol. xviii. p. 629. Refolvedy ^:NoT. 1717, THAT if any firting member fhall think fit to queftion the qualification of a petitioner, he fhall within fifteen days after the petition read> leave notice thereof in writing, with th€ clerk of tlie houfe of commons ; and the petitioner fhall in fuch cafe within fifteen days after fuch notice, leave with the faid clerk of the houfe, the like account in writing of his qualification, as is re- quired from a fitting member. Vol. xviii. p. 629. Refolved, 16 April, i7;8. THAT a perfon petitioning and thereby claiming a feat in this houfe for one place, is ca- pable of being ele6led and returned for another place pending fiich petition. Vol. xxi. p. 136. Rcfolved, 6 Feb. 1734. THAT on the petition of any cle<^or or elec- tors for any county, city, or place, fending members to parliament, complaining of an un- due election and return, and alledging, That fome other perfon was duly elecafe of death, or incapacity, a- nothcr to be clinfen by tlie t->wp. of Edin- burgh, cr the iiftiia. caldie, Kinghorn, and Burntifland, one; the burghs of Inverkeithing, Dumferling, Queens- ferry, Culrofs, and Stirling, one; the burgh's of Glafgov/, Renfrew, Rutherglen, and Dumbar- ton, one ; the burghs of Haddingtoun, Dun- bar, North Berwick, I.awder, and Jedburgh> one; the burghs of Selkirk, Peebles, Linlith- gow, andLanerk, one; the burghs of Dumfries, Sanquhar, Annan, Lochmaban, and Kii-cud- bright, one ; the burghs of Wigtoun, New- galloway, Stranrawer, and Whitehorn, onej and the burghs of Air, Irvine, Rothelay, Camp- bletown, and Inveraiy, one. And it is hereby declared and ordained. That where the votes of the commifTioners for the faid burghs met to choofe reprefentatives from the feveral diftrifts to the parliament of Great Britain, Ihall be equal, in that cafe the prefident of the meeting fliall have a calling or decifive vote, and that by and attour his vote as a commiiTioner from the burgh from which he is fent ; the commiiTioner from the ddeit burgh preficiing in the firft meeting, and the commifTioners from the other burghs, in their refpediive diftiifts, prefiding afterwards, by turns, in the order as the faid burghs, are now called in rolls of the parliament of Scotland; and in cafe that any of the faid fifteen commaf- fioners from the burghs, Pnall deccafe, or become legally incapable to fit in the houfe of comm.ons, then the tov/n of Edinburgh, or the diftrict which choofed the faid member, fliall elc61: a member in his or their place. It Is al- ways hereby exprefsly provided and declared, That none ELECTIONS FOR SCOTLAND. XXVll fiooe Hiail be capable to cled, or be defied, for N""*: ^"' '^'^f' * of 21 years of anv cf^hc faid efbites, but fuch as are twenty- a^e, andprotrf- r- 1 1 jX t-inrs, and who ,one VLMrs ot age conipleat, and proteltant, ex- mi]cethr/-»rmtf- duding all papiits, or luch, who being fulpeaed S'^/^tt' of popery, and required, refufe to fwear and fub- "Ll\^ "ll^'^ fcribe tha. formula^ contained in the third act made <:'^atei. in the eighth and ninth fellions of king William's parliament, intituled, ** Aft for preventing the growth of popery:" And alfo declaring, That None t.> b: « none Ihall be capable to eled, or be eiecled, to ^JvpTcYnScS' rcprefent a fliire or burgh in the parliament of '*"^' '"'^ ^'^^?' A o 1 as wf;re capable Great Britain, for this part of the united kine-dom, ^"^ *»= ^^^^^^ ^^ 1,1,. ^ ^^<= parliament except luch as are now capable, by the laws of oi Scoiia, who fhall annex it to his writ, and return it with the fame into the court out of which the writ iiTued : J And ELECTIONS FOR SCOTLAND. XXXl And as to the manner of eleftion of the fifteen re- prefentatives of the royal boroughs, the Iheriffs of the fhire of E(iinburgh ihall, on the receipt of the writ direfted to liiirij forthwith dired: his precipe to the lord provoft of Edinburgh, to caufe a bur- gefs to be eledled for that city; and on receipt of fuch precept, the city of Edinburgh fliall elect their member, and their common clerk (hall cer- tify his name to the llieriff of Edinburgh, who fhall annex it to his writ, and return it with the fame into the court from whence the v/rit iffued : and as to the otlier royal burghs, divided into fourteen clafles or dillrids, the flueriils or flewarts of the feveral fhires and ftewartries, fhall on the receipt ot their feveral writs, forthwith direft their feveral precepts to every royal borough within their rcfpedive fliires or ftewartries, re- citing therein the contents of the writ, and the date thereof, and commanding them forthwith to ele6t each of them a commilTioner as they ufed formerly to elefl commifTioners to the parliament of Scotland., and to order the faid refpeftive com- miffioners to meet at the prefiding borough of their refpeftive diflrift (naming the faid prefid- ing borough) upon the thirtieth day after the day of the telle of the writ, unlcfs it be upon the Lord's-dcyt commonly called Sunday, and then the next day after^ and then to choofe dieir bur- gefs for the parliament j and the common clerk of the then prefiding borough fliall immediately after the eledion, return die name of die pcrfoa fo ele(5led to the fherifF or llewart of the fliire or ilewartry wherein fuch prefiding borough is, who fnali XXXU ACTS RELATING TO fliall annex it to his writ, and return it with the fame into the court from whence the writ iffued : How vacancies And in cafc a vacancy fhall happen in time of itmt of pariia- parhamcnt, by the deceafe or legal incapacity of fupp[ied. ^ ^ ^^^y niember» a new member fliall be eled:ed in his room, conformable to the method heiein-be- fore appointed ; and in cafe fuch vacancy be of a reprefentative for any one of the faid fourteen claffes, or diftrifts of the faid royal boroughs, that borough which prefided at the eledlion of the deceafed or difabled member, fhall be the preliding borough at fuch new ele6tion. Shire or st?war. 6. Providcd always. That upon the ilTuing of Vg a'tum^oT writs of fummons for the elefting of a parliament, ^fi do*atd"the ^^^'^y fi^ire or ftewartry wherein a royal borough is, writ, &c. hath not then a turn, or right to eleft a commif- fioner, or knight of the fhire or ftev/artry for that parliament. That then it fhall be omitted out of the writ direded to fuch fherilf or ftewart, to caufe a knight, or commifTioner for that fhire or flewartry to be elected for that parliament. f Ann. c. S. ANNO 6° ANN^ REGIN^, CAP. 23. An Aci to make further Provifion for eleoiing and Jummoning Sixteen Peers of Scotland, to Jit in the Houje of Peers in the Parliament of Great Britain, and for trying Peers for Offences committed in Scotland ; and for the further regulating of Voters in EleHion of Members tojerve in Parliament. W HERE AS by the two and twentieth article of the treaty of union, for uniting the two 5ELBGTI0NS FOR SCOTLAND. XXX'lU two kingdoms of England and Scotland, ratified iand confirmed by the rcfpeclive parliaments of each kingdom, it was amongll other things pro- vided, That when her majcfty, her heirs or fuc- cefTors, fhould declare their pleafure for holding tlie firil, or any fubfequent parliament of Great Bri- tain, until the parliament of Great Britain fhould make further proviiion therein, writs fliould ifllie under the Great feal of the united kingdom of Great Britain, direiled to the privy council of Scot/and, comimanding them to caufe fixteen peers, who were to fit in the houfe of lords, to be fum- moned to parliament, in fuch manner as by an act of the then prefcnt feffion of parliament of Scot- land, was or fhould be fettled j in which feffion of the parliament in Satland an aft was accordingly palled for that purpofe, intliuled, * An ad fettling the manner of electing the fixteen peers, and forty- five members to rcprefent Scotland in the parlia- ment of Great Britain, which aft was afterwards confirmed by the parliament of England, and de- clared to be as valid as if the fame had been part of and ingroffed in, the faid articles of union i bv which aft it is, amongft other diings, provided and enafted. That the fixteen peers who fnould have a right to fit in the houfe of peers in the parliament of Great Britain on thepartofLSVcZ/j//^, by virtue of the faid treaty, fliould be named by the faid peers of Scotland, whom they reprefent, their heirs or fl:c- celfors to their dignities and honours out of their ov.n munber, and that by open eleftion and plurality of voices of the peers prefent, and of the proxies for fuch as fliould be abfent, die faid proxies be- c c * iivz XXXIV ACTS RELATING TO lug peers, and producing a mandate in writing duly figned before witnefles, and both the confti- ruent and the proxy being qualified according to law; and that fuch peers as were abfent being qualified as aforefaid, might fend to all fuch meet- ings, a lift of the peers whom they judged fittefl:, validly figned by the faid abfent peers, which fhould be reckoned in the fame manner as if the parties had been prefent and given in the faid lift; and in cafe of the death, or legal incapacity, of any of the faid fixteen peers, that the afore- faid peers of Scotland^ ftiouid nominate another of their own number in place of the faid peer or peers, in manner as therein is mentioned; and it was thereby furdier enafted, That until the parliament of Great Britain fliould m.ake further provifion therein, the faid vvrits fo to be ifTued, fliould contain a warrant and comm.and, to com- mand the faid privy council to iffue out a procla- mation in her majefty's name, requiring the peers of Scotland for the time, to meet and af- femble at fuch time and place within Scotland^ as her majefty and her royal fucccffors Ihould think fit, to make eledion of the faid fixtecn peers, and reouirinp the lord clerk rc2;ifter, or two of the clerks offeftion, toa^ttend all fuch meetings, and to admiinifter die oaths as were, or fnould be, by law required, and. to aflc the votes, and having made up the lift in prefence of the mxeedng, to re- turn the names of the fixteen peers chofen, cer- tiried under the fiibfcription of the faid lord clerk regiftcr, clerk, or clerks of fefticn, attending, to the clerk of the p; ivy council of Scotland^ to the 3 «"^ Elections for Scotland. xxxv ti\d tliat the names of the fixtecn peers being Co returned to the privy councilj might be returned to the court from whence the writ did ifTue, un- der the great feal of the united kingdom, con- form to the fiid twenty-fecond article; And whereas by an ad: of this prefent feffion, intituled, * An a6l for rendering the union of the two king- e Ann^, c. 6; doms more entire and compleat,* it is declared and enacted. That from and after the firll day of May, 1708, the privy council o{ Scotland fhall ceafe and determine, whereby it is become necef- fary that fome further provifion fliould be made for the eleding and returning the faid fixteen peers, that are to fit in the houfe of peers in the parliament of Great Britain, purfuant to the faid treaty : Be it therefore enaded by the queen's mofl excellent maieft)^ by and with the advice and confent of the lords Ipiritual and temooral and commons in parliament aflembled, and by the authority of the fame, That at all times hereafter, when her majefty, her heirs and fuc- cefibrs fhall declare her or their pleafure for fum- moning and holding any parhament of Great Britain, in order to the eleding and fummoning tlie fixteen peers of Scotland^ a proclamation fliall be ifTued under the great feal of Great Britain, commanding all the peers of Scot- proc'iirat-on t» /^;/i to afiemble and meet at Edinburgh, or in fn^'"''tJ°"'\ O ' itcting 10 peers juch Other place in ^r^//^;;mniiitc(l in mitted, or mail commit any high treaion, petit satUrJ. treafon, mifprifion of treafon, murder, or other felonies, in Scotland, commiiTion or commil- fions may ifliie under the great feal of Great Biitain to be direfted to fuch perfon and perfons as fhall be therein named, conllituting them, and fuch a number of them as fiiall be therein mentioned, juftices of the queen, her heirs and fuccelibrs, to enquire, by the oaths of good and lawful men of fuch county and counties of Scot- land as fhall be named therein, of all treafons, iriiiprifions of treafon^ murders^ and other felo- 1 nieSj Xliv ACTS RELATING TO nies, committed in fuch county by a peer or peers of Great Britain, which inquifition lliail be taken and made in the fame manner as the indidments found and taken before juftices of oyer and terminer of any county of Eng- land, and Ihali be of the fame effe6l, and pro- ceeded upon in the lame, method as any in- quifition found before juftices of oyer and ter- miner in England, whereby any peer is indicted for any fuch offence, and fuch juftices fliall ifllic mandates or precepts to the flieriffs of the re- fpedlive counties of Scotland to return to them at fuch day and place as they fhall appoint, fuch and fo many good and lawful men of the fame coun- ty, as may be fufficient to enquire of the offences aforefaid, and twelve or more of them fo returned . being fworn, fhall be fufficient to make fuch en- quiry, and find any indidment ; and if the fherifF of fuch county Ihall not fummon a fufficient number of m.en to make fuch inquifition, the juftices that do proceed upon fuch commiffion may impofe a fine upon fuch flieriff which fhall be levied by procefs, out of the exchequer ; and if any of the perfons fummoned by the llieriff to en- quire as aforefaid, fiiall not appear, thejuftices may, in like manner, impofe a fine upon fuch perfon fo making default to be levied in manner afoieiaid. 13. And be it fijrthcr enacted by the au- thority aforefaid. That every perfon who fhall ,, /. c r refufe to take the oath laft herein-bcfore recited, rerions rcfufing ' to uk^ the oath, or, being a Quaker, fhall refufe to declare the or Sluaker t) ' ° ^-^ ' • r make atiirnia- effcd; thcrcof upon his folemn affirmation as di- ELECTIONS FOR SCOTLAND. xlv reeled by an a6l of parliament made in die 7di capab'eofvotinj year of die reign of his late majefty, king Wil- member, &c. liam, intituled, " An aft that the folemn affiirnia- 7^8 w. 3. c tion and declaration of the people called ^lakns, ^** fiiall be accepted inftead of an oath in ufualform" (which oath or declaradon the fheriff prefident of the meeting, or chief officer taking the poll at any election of members to ferve in the houfe of commons for any place in Great Britain, or comminioners for chufing burgefles for any place in Scotland, at the requeft of any candidate or other perfon prefent at fuch ele6lion, are hereby impowered and required to adminifter) fhall not be capable of giving any vote for the cledlion of any fuch member to ferve in the houfe of commons for any place in Great Britain or commiflloner to chufe a burgefs for any place in Scotland. 14. Provided always, and be it enafled by the authority aforefaid. That if any perfon, being a ^.aker, fhall refufe to take the faid oath, being tendered to him in purfuance of an a6l made in this prefent feOion of parliament, intituled, " An "^^oTxh^z af- ad for the better fecurity of her majelly's perfon biTu 'p"naTtie*5^ and government," but fliall inftead thereof declare ''>■ ** '^'"'' '• ^'^' the efie6l of the faid oath, upon his folemn afhr- mation, as diredled by an a6l of parliament made in the 7th year of the reign of his late majeily, king William the Third, intituled, " An acl that the folemn affirmadon and declaration of the people calkd ^akerSy fliall be accepted inflead of an oath in ufual formj^" which affirmation lliall be 7 ^ S W. 3. •. 34. Sec 1. Geo. I.. ft. a . 4. 6. xlvi Acts RELATIN'C; TO be admlniftcred to fuch Quaker inftead of* tJifi faid oath, fuch Quaker fliall not be liable to any the penalties or forfeitiu'es for refufmg the faid oath when tendered to him, contained or men- tioned in the faid a6t, intituled, " An act for the 6 Ann. 014. better fccurity of hcr majclly's perfon and go- veinment." A. D. 1707. ANNO 12° ANN^, CAP. 6. A?i Jlol fcr the letter Regulating the Ekriions of Members toferve in Parliament for that part of Great Britain called Scotland. ^ Whereas of late feveral convey- ances of eftates have been made in truil or redeem- able for elufory fiims, no ways adequate to the true value of the lands, on purpofe to create and multiply votes in elections of members to ferve in parliament for that part of Great Britain called Scotland^ contrary to the true intent and meaning of the laws in that behalf Be it th :refore After the end cnaftcd by the queen's mjoft excellent rnajefty, ^cri'noco^ey- ^1 ^^'^ ^^^^ ^^^ advicc and confent of the lords ar.c.-^whcrconin- fpiritual and temporal and commons in this pre- ir.. iirufnt IS not ^ ^ -T ti.k'-nja.ncirei.iin fcnt parliament affcmblcd, and by the authority bri'ofc the ttfte of the fame. That from and af:er the determina- c>f the writ, (liall • r 1 • r i- entitle tT vote or ^^^^ c»i fhis prelent parliament, no conveyance or ^arw'^'ior'if ^^o'^^ whatfoever whereupon infcoftment is not anye!ecT,onh=,p- taken and fcizin legiftratcd, one year before the pen rturins the o ' ^ ciiitinuanci cl » tcftc pafliMUcnt. ELECTIONS FOR SCOTLANfd. xlvii tefle of the writs for calling a new parliament, fhall upon objcftion made in that behalf, entitle the pcrfon or perfons fo infeoft, to vote or to be elected at that eleclion in any fhire or llewartry in that part of Great Britain called Scotland], and in cafe any eledlion happen during the continuance of a parliament, no conveyance or right whatfoever, whereupon infeofFment is not taken one year before the date of the warrant for making out a new writ for fuch ele61:ion, iliall, upon objeftion made in that behalf, entitle the perlon or perfons fo infeoft to vote or be elected at that election ; and that from and after the faid day, it fhall and may be lawful to or for any of the ele<5tors prefent, fulpedling any perfon or perfjns to have his or their eilates in trull: and for the behoof of another, to require the prcfes Anydcanrn-.s)' ^ . ^ rcqahc the of the miCeting to tender the roilowing oath to prcies u. tcnJer - r\ 1 T r ■ ' /" ■ 1 1 • •*'^ oaih to one any elector j and the laia prelcs is hereby im- whom he fui- powered and required to adniinifter the fame SftSStmSr in the following words, videlicet : "I, A.B. do, in the prefence of God, declare The oath. and fweai-, that the lands and eilate of for which I claim to gi\'c my vote in this eleftion, are not conveyed to me in trult, or for the be- hoof of any other perfon v/hatfoever ; and I do fwear before God, that neither J, nor any perfon to my knov/ledge, in m^y name, or by my allow- ance, hath given, or intends to give, ar.y pro- mife, obligation, bond, back-bond, or other fe- curity, for re-difponing or re-conveying the faid lands and eflate, any manner of way whatfoever; and Xlviii ACTS RELATING TO and this is the truth, as I fliali anfwer to God.'* Pefufing, fiiaii And in cafe fuch ele6lor refufe to fwear, and alio to fubfcribe the faid oath, fuch perfon or perfons fhall not be capable of voting, or being elefted at fuch eledion. Other obieaions 2. Providcd always. That nctwithftanding Other cbjeclions as are allowed by the laws of Scotlajid 'dg:z\n{i fuch electors. 7. And be it further enafted and declared by No infecfFment *^ . - _ . , , . ^ f~ *ji any redeem- thc authoiity aforefaid. That no inieotrnnent cvp%rq>e^- wadi taken upon any redeemable right whatfoever iaddetoiteor (<^xcept proper wadfetts, adjudications, or ap- be eiedted. And pi-jfifjcrs allowcd bv the aft of parliament relatiner pe.fous not in- r o J a _ <^ rolled at former to eicftlons in 1681) fliall cntitlc the perfon fo not vote' vvith- infcoft to votc or be elefted at any eleftion in li^ht''/ ^'^'"* * ^ny fiiire or flewartry ; and that no perfon or perfons, who have not been inrolled and voted at former elefticns, fhall, upon any pretence what- foever, be inrolled or admitted to vote at any eleftion, except he or they firft produce a fuf- ficient right or title to qualify him or them to vote at that eleftion, to the fatisfaftion of the freeholders formerly inrolled, or the majority of them prefent; and the returning officers are hereby ordained to make their returns of tlie TMs chufe !s in pcrfons clcftcd by the majority of the freeholders part repealed by jj^j-Q^ie^ and thofc admitted by them, refervinsr "■ always the liberty of objefting againft the perfons admitted to, or excluded from the roll, as for- merly. 4. And ELECTIONS FOR SCOTLAND. xllx 4. And be ic further enafted by the autho- s!,crifi\ &-c. rity aforcfaid, That all fncriffs of (hires, and '''/" "" P'^''='''y •' _ ■'of 50I. make llcwarts and ftewartries, fliall be obliged, under the p"''''': 'ntima- r i-r J n 1- • ^ /• '^'"^^ t'l^CC davS pain of nrty pounds iteriing, one moiety whereof before the day of fliall be to the queen's moft excellent majefty, her heirs and fuccefTors, and the other moiety to tlie perfon or perfons who fhall fue for the fame, to be recovered before the court of fefllon, by any aclion fummarily, without abiding the courfe of the roll, to make the public indmations required by the laws of Scotland^ at the feveral paiifh churches within their refpeftive jurifdidiions, at leaft three days before the dyet of elections. 5. Provided always. That the right of Saving the rights apparent heirs in voting at elections by virtue of huibands. their predccefibrs' infeoffments, and the right of hufbands, by virtue of their wives' infeoffments, be and is hereby referved to them, as formerly j any thing in this acl contained to the contrary not- withftanding. 6. Provided alfo. That any conveyance of ^^"f ''^s^^^. '' . - whereon infeoft- right, which by die laws of Scotland is fuifi- ment is taken , . -. -. . , in* before i ft of cient to qualify any perlontovote in the elections june,i7i3,(haii of members to ferve in parliament for fliires or for'memberrof ftewartries, and whereupon infeoffmcnt is taken, P"''^'"^"^- on or before the firft day of June, in the year of our Lord 1 7 1 3, Hiall entitle the perfon or perfons fo infeoft, to vote at the elections of members to fcrve in the next enfuing parliament; anything herein contained to the contrary notwithftanding. 7. Provided always, and it is hereby de- clared to be the true intent and meaning of this Huftands a6t. That no hufbands fhall vote at any enfuing ^<"« ^1 D D election nor t» virtue 1 ACTS RELATING TO of their wivds' elecllon by virtue of their wives' infeoffments, infeoftments, , . „ , . , , wniefs they are wlio are Hot heirellesj or have not right to the eirc es, c. pj-^p^j-j-y q( j-j^g lands OH account whereof fuch vote fhall be claimed. A. D. I713. ANNO 1 GEORGII, CAP. IJ. ^t A5i for the Jecunty of his Alajeflys F erf on and Government^ and the Sacceffion of the Crown in the Heirs of the late Princefs Sophia y being Pro- teJlantSj and for extinguifoing the hopes cf the pretended Prince cf Wales, and his open and Jecret Abettors. 4. /ilND whereas certain doubts and fcru- ples have arifen concerning the fenfe and mean- ing of the claufe following, contained in an a6l: 5 Ann. c. 23. made in the 6th year of her late majefty queen Anne, intituled. An Aft to make flirther provi- vifion for ele6ting and lummoning fixteen peers of Scotland, to fit in the houfe of peers in the parlia- ment of Great Britain ; and for trying peers for offences committed in Scotland^ and for the fur- ther regulating of voters in eledions of members to ferve in parliament; whereby it is enafted. That every pcrfon who fhall refiife to take the oath lafl therein-before recited, or being a /^z/^-^ct, fhall refufe to declare the effeft thereof upon his folemn affirm.lation, as direfted by an ad of par- 7*8 w. 3- c. liament made in the yth year of the reign of his 3 late ELECTIONS FOR SCOTLAND. Jl late majefty king William, intituled, An a6t that the folemn affinnation and declaration of the people called ^.akersy fliall be accepted inftead of an oath in the ufual form, (which oath or de- claration, the fheriff, prefident of the meeting, or chief officer taking the poll at any eleftion of members to ferve in the houfe of commons for any place in Great Britain, or commiflioners for chufing burgeiles for any place in Scotland, at the requeft of any candidatCj or other perfon prefent at fuch eleflion, are hereby impowered and required to adminifter) fliall not be capable of giving any vote for the eleftion of any fuch member to ferve in the houfe of commons for any place in Great Britain, or commiffioners to chufe a burgefs for any place in Scotland; on account of which words, fome have pretended to vote in the meetings of ^ic^ eledlions in Scotlandy at the chufing of the piefident and clerk of the meeting) without taking the oath mentioned in the laft recited a6l, whereby it has happened that rolls of electors have been unduly made up, and wrong returns made : And alfo, whereas divers of his majefty's good fubjedts, who have given convincing marks of their loyalty to his royal per- fon and government, have fcrupled to take the faid oath, apprehending that the reference in the faid oath may be conftrued in fome refpe6ls to be inconfillent with the eflablifliment of the churcli in Scotland according to law, and to a claufe 'concerning oaths to be impofcd in Scot- land after the union, contained in an a6l made in the parliament of Scotland in the year 1707, D D 2 in- lii ACTS RELATING TO intituled, An a6t for fecuring the protellant religion, and prcfbyterian church government; which a6t is declared to be a flindamental and effential condition of the treaty of union. To the end therefore that the faid fcruples, and perfono In Scot- ^jj miftakcs ahd divifions on account of the Ixnd rctuhng to t.-.ke the abjura- fanic may ceafe, be it further enafted and de- citated tovoteat clared by the authority aforefaid. That every perfon who fhall refufe to take the aforefaid oath of abjuration, or being a ^aker, fhall re- fufe to declare the efFedl: thereof upon his folemn affirmation, in manner aforefaid (which oath and declaration the member laft elefted for any county or ftewartry in Scotland, or in his abfence the fheriffor ftewart's clerk, until a perfon be chofen {a) Exr.m'ined to procccd {o) in tlic faid meeting, according to the diredions contained in the twenty-firft aft of the third parliament of king Charles the Second, held in Scotland, intituled, A6t concerning the election of commifTioners for (hires, and after fuch choice the perfon fo chofen to proceed, or any perfon chofen to proceed in any meeting of any county or ftewartry there, in which rolls for eleftions lliall happen to be made up, is hereby authorized and required to adminifter, at the requeft of any candidate or other perfon pre- fcnt at fuch meeting for eleftlon, before or after tlie chufing of the prefident of the meeting, or making up of the rolls) fhall not be capable of giving any vote for the elecStion of a prefident of the meeting, making up of the roils, or of any member to ferve in the houfe of commons for any place in Scotland, or commifTioner to chufe a burgefs ELECTIONS FOR SCOTLAND. ]iii a burgcfs for any place there ; and further, that by no words in the faid oath or oaths, formerly impofed, contained, it is or was meant to oblige his majefty's faid fubje6i:s to any a6l or a6ls any ways inconfiftent with the eftablilliment of the church of Scotland according to law. A. D. 1714. ANNO 7° CEORGII II. CAP. 16. An A51 for the better regulating the EleHicn of Members toferve in the Hcuje of Commons^ for that part of Great Britain called Scotland j and for incapacitating the Judges of the Court of Sef~ fion^ Court of Jufticiary, and Barons of the Court of Exchequer in Scotland, to be ele^edy or to fit or vote as Members of the Houfe of Commons. W HEREAS doubts may arifc, whether the afts of parliament made in England for pre- venting falfe and undue returns of members to ferve in parliament, extend to that part of Great Britain called Scotland'. And whereas feveral queftlons have arifen concerning the eleflion of commoners to ferve in parliament for that part of Great Britain : Therefore, to obviate fuch doubts, difputeSj and queftions for the future, and for the more effeftually preventing returning officers, in that part of Great Biicain called Scotland j mak- ing falfe and undue returns : May it pleafe your majefly that it may be enafted, and be it ena(fted by the king's mod excellent majeily, by and with the advice and confent of the lords fpiritual and D D J temporal liv ACTS RELATING TO temporal and commons in this prefent parliament aiTembled, and by the authority of the fame, That 'inL 5001^2 if the clerk of any meeting of freeholders for the naity on every eleftion of a commiffioner to ferve in parliament falie return. ■ , ■■■ for any fhire or ftewartry in Scotland, after the firft day of May, 1734, fhall wilfully return to the fheriff or ftewart any perfon, other than him who fliall be duly elefted, or if any other perfon pretending to be clerk, though not duly eleded, Ihall prefume to aft as clerk, and wilfully to re- turn to the fheriff any perfon as elefted, who fhall ' not be duly elefted by the major part of fuch meeting, the party lb offending fxiail for every fuch offence forfeit the fum of five hundred pounds flerling, to be recovered by the candidate fo elefted, to whofe prejudice fuch falfe return is made, in fuch manner as is herein- after direfted. 2. And be it further enafted. That every requeft, to fub- freeholder who fhall claim to vote at any elec- fowi'ng tTth tnl tion of a member to ferve in parhament for any ftead of that ap- j^nds or cftatc in any county or ftewartry in Scof- pointed by tne . / ... aft la Annas, landy OT who (hall havc right to vote in adjufting the rolls of freeholdei's, inftead of the oath ap- pointed to be taken by an aft made in the 1 2th year of her late j^iajtily Queen Anne, in- tituled. An aft for the better regulating eleftions of members to ferve in parliament for that part of Great Britain called Scotlandi fhall, upon the requeft of any freeholder formerly inrolled, be- fore he proceed to vote in the choice of a mem- ber, or on adjufting the rolls, take and fubfcribe, upon a roll of parchment to be provided and kept by the fheriff, or ftewart clerk for that purpofe, the ELECTIONS FOR SCOTLAND, Iv tlic oath following, which the prefcs or clerk to the meeting, either for the inroUment or election, is hereby impowered and required to adminifter ; that is to {ay, ' I, A. B. do, in the prefence of God, declare and fwear, That the lands and eftate of /or which I claim a right to vote in the ele6tion of a member to lerve in parliament for this county or ftewartry, is aftually in my poflefllon, and do really and truly belong to me, and is my own proper eftate, and is not conveyed to me in truft, or for or in behalf of any other perfon whatfoever; and that neither I, nor any perfon to my knowledge, in my name, or on my ac- count, or by my allowance, hath given, or in- tends to give, any promife, obligation, bond, back-bond, or other fecurity whatfoever, other than appears from the tenour and contents of the title, upon which I now claim a right to vote, diredly or indiredly, for redifponing or recon- veying the faid lands and eftate in any manner of way whatfoever, or for making tiie rents or profits thereof forthcoming to the ufe or benefit of the perfon from whom I have acquired the faid eftate, or any other perfon whatfoever ^ and that my title to the faid lands and eftate is not nominal or ficftitious, created or referved in me, in order to enable nie to vote for a meniber to ferve in parliament; but that the fame is a true and real eftate in me, for m.y own ufe and be- nefit, and for the ufe of no other perfon whatfo- ever ; and that is the truth, as I lliall anfwer to God/ D D 4 3. And Ivi ACTS RELATING TO In cnfe of re- ^. And that in cafe he fhall refufe, if re- to be admitted, qulrcd, to take and fubfcribe the oath aforefaid, rated out"^f the his votc Ihall not bc admitted or allov/ed, and '°^'" his name fhall forthwith be erafcd out of the roll of freeholders ; and in cafe any perfon fhall pre- Penaity on faife- fuHic wilfuUy and falfely to fwear and fubfcribe ly fwearing or ^^^ faid oath, and fnall be thereof lawfully con- fuDicnbing. ' ^ ■' vi(5led, he fhall incur the pains and punifhment of perjury, and be profecuted for the fame ac^ cording to the laws and forms in ufe in Scotland. Judges of fcf- 4. And be it farther enafted, That no or""' el^ch^uer; j^^ge of thc court of fcfTion, or jufticiary, or uncapabie to be b^ron of the court of exchequer in Scotland, fhall be capable of being eledled, or of fitting or voting as a member of the houfe of commons in any parliament which fhall be hereafter fum- moned and holden. £. And be it further ena6bed by the authority Sheriffs 4 days ~ . ' after receipt of aforefaid. That the feveral fheriffs and ftewarts precepts Vor iti Scctland fhall, within the fpace of four days chufing ee- ^^^^^ the Writ fhall come to their hand, ifllie their |;acea, ' p'^ecepts to the feveral boroughs within their ju- rifdiftion to ele6t their delegates, and fhall caufe the fame to be delivered to the chief magiflrate of fuch borough refiant in the borough for the time beino; ; and that fuch chief maeiflrate, to And chief ma- o ' 1 1 • i n ii giftrate two days whom fuch ptcccpt fhall be delivered, fhall after to furomon ... , ^ , . . r ^1 r the council of Within two days after his receipt oi the lame, the borough. ^^jj ^^^ fummon the council of the borough to- gether, by giving notice perfonally, or leaving notice at the dwelling place of every counfellor Council to ap- xhtu. tcfiant in fuch borough, v/hich council fhall eiedting dele- then appoint a peremptory day for the eleftion of «^^=- I the ELECTIONS FOR SCOTLAND. Ivii the delegate ; but two free days fhall intervene betwixt the meeting of the council which ap- points the day of ekdtion of the delegate, and the day on which the cledlion of die delegate is to be made. 6. And to prevent double eleftions of magif- tool, penalty cm trates in boroughs, which hequentiy occaficn or rlagifti-atx: re- double commifTioiis to delegates, be it enafted J'SSfy^Tdle by the authority aforefaid, That at the annual '"""'' "^'^^'cft •'_■'_ tor oorougtu. eleclion of magiftrates and counfellors for boroughs, no magiftrate or counfellors, or any number of magiftrates or counfellors, llidl, for the future, upon any pretence whatever, take upon or them to feparate from the majority of the magiftrates and counfellors, who have been fuch for the year preceeding, and to appoint or ele6t feparate magiftrates or counfellors, but ftiall fubmit to the eleflion made, and to the magif- trates and counfellors elefted and appointed by the majority of the town council aftembled ; and if, contrary to the diredion of this a6l, any number of magiftrates or counfellors fnail, in op- pofition to the majority, take upon them to make a diftin6t and feparate eleftion of magiftrates or counfellors, their ad and election fliall be ipfo fa5!o void, and every magiftrate or counfcUur, who concurred therein, ftiall forfeit and lofe tlie fum of one hundred pounds fterling, to be re- covered by the magiftrates and counfellors, from whom they feparated, in manner herein-after di reded. 7. Provided Iv'iii ACTS RELATING TO Ma'^ift.-ates or 7* Provlded always, and it is hereby de- counfdiors of clared and enaftLvJ, That it fnali and may be DDroughs may . ■' bring their ac- lavvful to and for any magiftrate or counfellor of tion in cii>ht i i i i ■■ V .-eks after die the Dorougli, who apprchcnds any wrong was C.C ion. ^Qj^^ ^^ ^^^ annual eiedion, to bring his aciion before the couit of feffion in Scotland^ for redify- ing fuch abule, or for making void the whole eleftion (if illegal) only within the fpace of eight weeks after fuch eledlion is overi and the lords of fefiicn lliall, and they are hereby exprefsly au- thorized and required to hear and determine the caufe fummarily, and to allow to the party that fhall prevail their full cofts of fult. 8. And be it further enafled. That every reg e'ab"! "^^ To IherifF or ftewart in Scotland, who fhall wilfully fon d!liy dcfted] ^^ncx to the v/rit any falfe or undue return, and every comm.on clerk of any prcfiding borough, who fhall wilfully return to the flieriff or flewart any perfcn, other than the perfon eleded, or who fhall negle6b or refufe to return the perfon duly ele61:ed, fhall forfeit the fum of five hundred pounds fierling to the perfon entitled to have been returned, and not returned, to be recovered from the faid flieriff, flewart, or common clerk, their .^ , , heirs, executors, or adminiftrators refpe6livcly. To or recovered •' •' i J ^ in a iummary jj-j a fummaty wav, by action, pedtion, or fum- vav. _ ' . mary comjplaint, before the faici court of felTion, upon fervice of fuch Inmmons, or of a copy of fuch petiti,on or fummary complaint, on fifteen days notice or warning, without abiding the courfe of any rolls, or further delay whatfoever ; which aftion, pedtion, or complaint, die judges of the faid court are hereby required to judge of, and ELECTIONS FOR SCOTLAND. lix and determine with all convenient fpecd : Pro- vided alwiiys, That fuch action, petition, or complaints of connplaint be commenced, pielentect, or made ,,„ cmniencd within the fpace of fix months after the return is '" ^'^ . "^ '"^» i nicer icturn. made. And in cafe the perfon duly elected, and not returned, Hiall neglecl: or omit to fue tor the faid penalty within the time before mentioned, then any freeholder within the fhire or itewartry, ^^^ ^^^ f^^ or any magifbrate or perfon bearing office in any ^°^ rucupenaiu, of the boroughs of the diftri^l for whicli the re- turn is unduly made, may fue for and recover the fame to his own ufe, by fuch aftion, petition, or complaint, and in fuch manner as is before men- tioned, with double ccfts of fuit; provided al- ways, that fuch freeholder, magiluatc, or per- ^^^ .^ ^^,^^^ fon bearing office, fhall commence or bring ^inic. fuch action within the fpace of twelve months After the return is made. 0. And be it enafted by the authority afore-. _.j ^ •' Penalties how to laid, That every penalty by this ad impofed, be recovered, with refpeft to the recovery of wiiich no particu- lar provifion is herein-before made, fnall and may be fued for and recovered by way of fummary complaint before the court of fcfiion in i>coilnndy upon fifteen days notice to the perfon complained of, v/ithout abiding thecourfe of any rollj which faid complaint the court of feffion is hereby au- thorized and required to determine wiih all ccn- venient fpeed. lo. And be it furdier enafted. That every F,,,j,„,d,„^ if freeholder m Scotland ^i\\\y before he be either req..ircd,touke . thr, oaths at tne inrolled or admitted to vote at any future clec- t.^m<<^ ot » tion, or meeting for inrollment, in any quellion for IX ACTS RELATING TO jfbr the choice of clerk or prefes, or other qucC- tion whatfoever (if required by any freeholder prefent) be obliged to take and fubfcribe the oaths appointed by law to be taken by electors of members to ferve in parliament, when required fo to do ; which oath the prefes or clerk of the meeting is hereby impoweied and required to adminider. -,,..<, II. And whereas there have been fome mif- Metnod of pre- liding at eiec- takcs in the diftridt of the boroughs of Wigtoun, Whithorn, New Galloway, and Stranraver^ in relation to their prefiding at elecftions of members of parliament for tliat diftrift, which may occa- lion difputes at future ele6tions : For remedying thereof, be it enaded. That the boroughs con- tinue to prefide in the courfe they are now in, and that the other borough of Wigtoun fhall pre- fide at the election of a member to reprefent that diftrid in the next parliament, and that the other boroughs of the diftrid: prefide afterwards in the method prefcribed by the a6t of parliament of Scotland^ made in the fourth feflion of the firft parhament of queen Anne, intituled, An a6t for fettling the manner of ele£ling the fixteen peers, and forty-five commoners, to reprefent Scotland in the parliament of Great Britain. A. D. 1734. ANNO ELECTIONS FOR SCOTLAND. Ix! ANNO j6° CEORGII II. CAP. II. .■^fi A^ to explain and amend the Laivs touching the EleHions of Members to Jerve for the Commons in Parlia/nent, for that Part of Great Britain called Scotland; and to reflrain the Partiality^ and re- gulate the Conduofi of Returning Offcers at Jiuh Ele^icns. VY HEREAS many returning officers of members to lerve for the commons in parliament for that part of Great Britain called Scotland^ have of late prefumed to acl in a moft partial and arbitrary manner, fometimes upcn falfe pre- tences, that the rolls of eleftors of commiiTioners for fliires were not regularly made up, or that the commiiTioners for the feveral boroughs intituled to vote in the choice of a member for the refpec- tive diilridbs of boroughs were not duly ele61:ed> or were not authorized by proper commiflions, and fometimes without any pretence at all, en- couraged thereto from hopes of impunity, by reafon that the laws in being have cither provided no fufficient punifhment for fuch offences; or where penalties are provided, it has been found by experience to be extremely difficult, and fcarcely polTible to recover them : For remedy thereof, be it enadcd by the king's moft excel- lent majefty, by and with the advice and confent of the lords fpiritual and temporal and com- mons in tliis prefent parliament aiTembkd, and by Ixii ACTS RELATING TO by the authority of the fame. That fo much of Prirt of the aa an a6t of parhament made in the 1 2th year of c. 6. §' 5.'rel the reign of her late majefty queen Anne, in- peaied. titulcd, ' An ad for the better regulating the elections of members to ferve in parliament for that part of Great Britain called Scotland^ as- cna6ts. That no perfcn or p>erfons, who have not been inrolled, and voted at former ele6lions fhall, upon any pretence whatfoever, be inrolled, or admitted to vote at any eleftion, except he or they fiift produce a fufncient right or title to qualify him or them to vote at that election, to . the fatisfaftion of the fl-eeholders formerly inrol- led, or the majority of them prefent, and ordains the returning officers to make their returns of the perlbns elefted, by the maprity of the freeholders inrolled, and thofe admitted by them, referving always the liberty of objecting againft the perfons admitted to, or excluded from, the roll as for- merly, fliall be and is hereby repealed. 2. And whereas the rolls of electors of com- miflioners to ferve in parliament for the feveral Ihires and ftewartries within that part of Great Britain called Scotland^ have not, in every one of the faid ihires, and ftewartries, been made up every year, at the Michaelmas head courts, pur- fuant to the dire6tions of an adt of parliament made in that part of Great Britain called Scci- land^ in the year i68i, indtuled, ' An ad con- cerning the eledtion of commiflioners for fhires : For remedy thereof, and the more effedualiy to carry the good intentions of the faid ad into exe- cution i ELECTIONS FOR SCOTLAND. llviil ciition ; be it enabled and declared by the autho- ^^, ^'^"-'"^ ' t.-.t'a'-.d 1681, rity aforelciid. That fiich peiTons as Hand upon ftrcnjihcncd. the roll laft made up by the freeholders, whether at the Michaelmas meeting, or at the laft elec- tion of a member to ferve in parliament, fliall be the original conftituent members at their next Michaelmas meeting, or meeting for eledion, to revife the laid roll. 3. Provided always, and be it enifted by Fv^choidsrsmay the authority aforefaid. That it fhall and may be lawful for any freeholder Handing upon the roll, to objcd to the title of any perfon who Rands at prefent upon the roll laft made up, and for that purpofe to apply at any time before the firft day of December, which fhall be in the year of our Lord 1743, by fummary complaint to the court of fefTion, who fhall grant a warrant for fummon- ing fucli perfons upon thirty days notice to an- fwer, and Ihall proceed in a fummary way, to hear and determine upon fuch complaint; and if no fuch complaint fhall be exhibited within the time aforefaid, then and in that cafe no freeholdei-, who at prefent flands upon the rolls laft made up in the faid counties and ftewartries refptclively, fhall be ftruck off or left out of the roll, except upon fufiicient objedions arifing from the altera- tion of that right or title, in refpc6t of which he was inrolled, iuftained by the other fi-eeholders ftanding upon the faid roll. 4. And be it enabled by the authority I'^^-'nn^ "<" ^a- aforcfaid. That if at any Michaelmas meeting, or fon claims toi.e meeting for cledion, any perfon claiming to be inrolled, fli all by judgement of the freeholders be rtfufcd Ixir ACTS RELATING TO refufed to be admitted, or if any perfoil who flood upon the roll fhall by like judgement be ftruck off, or left out of the roll -, it fhall and may be lav/ful for him or them who is fo refufed to be admitted, or whofe name is fo ftruck off or left out of the roll, to apply (fo as fuch applica- cation be made within four kalendar months after their being fo refufed, ftruck off, or left out) by f .im.m.ary complaint to the court of feffion, who fhaU grant a warrant for fummoning the perfon or perfons upon whofe objeftion or objedlions he was refufed to be admitted, or was ftruck off or left out as aforefaid, upon thirty days notice to anfwer, and ftiall proceed to hear and determine ifanyrrechoWer in afummary way on fuch complaint j and if any miy be maaeto pctfon fhall bc inrollcd, whofe title fhall be thought tiiejoartofi-ef- j-^^^^ ^^ objeftion, it fuall and may be lawful for any freeholder ftanding upon the faid roll (whe- ther fuch freeholder was prefent at the meeting or not) who apprehends that fuch perfon had not a right to be inrolled, to apply in like manner by complaint to the court of feffion, fo as fuch ap- plication be m.ade within four kalendar m.onths after fuch inrollmient -, and the faid court, after fcrvice of fuch com.plainr, on thirty days notice, upon the perf )n faid to be wrongfully admitted to the roll, fhall in manner aforefaid hear and de- termine ; and if no fuch com.plaint fhall be ex- hibited within the time aforefaid, the freeholder ini oiled fnall ftand and continue upon the roll until an alteration of his circum^ftances be allowed by the freeholders at a fubfequent Michaelmas meeting, or m.eeting for eleftion, as a fufHcient caufe ELECTIONS FOR SCOTLAND. IxV caiifc for ftriking or leaving him out of the roll. 5. And be it enabled by the authority afore- Penalty on offi- faid, That if, in any of the aforefaid cales> the the court of fei- judgement of the court of felTion Hiall alter or re- ^°°* verfe the determination of the meeting of the freeholders, by dire6ling that any perfon lliall be added to, or expunged from, the roll of election, the fherifF or ftevvard's clerk fliall, upon prefcnt- ing to him the extradt of fuch judgement, forth- with make the alteration thereby directed in the books that are kept by him -, and in cafe of his refufal or delay, he fhall forfeit the fum of one hundred pounds flerhng to the perfon in v/hofe favour the judgement of the court of feffion is given, to be recovered by him or his executors in the manner herein-after direclcd. 6. And be it further enaded by the autho- Penalty on ap- rity aforefaid. That if die judgement of the free- cou«"of 'feffion holders refufing to admit, or ftriking off any per- fon from the faid roll Ihall be affirmed by the court of feiTion, the perfon fo complaining fl:all forfeit to the objeftor tlie fum of thirty pounds llerling, with full cofts of fuit. 7. And be it enaded by the authority Manner of aa- aforefaid. That to prevent all furprife, at the Mi- luvrrife.onfree- 11 • r I 1 J 1 • 1 holder's claiming cnaeimas meetings, every, freeholder who intends to be inroiicd j to claim to be inrolled at any fubfequent Michael- mas meeting of the freeholders, n-ialj, for the fpace of two kalendar months at Icail before tlie faid Michaelmas meeting, leave with the Iheriff or ftev/ard's clerk a copy of Jiis claim, fetting forth the names of his land.^, and his titles thereto, E F, and affirm the free- holders order. IXVI ACTS RELATING TO and dates thereof^ with the old extent or valua- tion, upon which he defires to be inroiled, and in cafe of his negledl to leave his claim as aforefaid> he fhall not be inrollcd at fuch Michaelmas meet- fir on making ing ; and in like manner, whoever intends to object others'"" JreSdy to any freeholder who ftands upon the roll, on ac- inroUcd. count of the alteration of his circumllances, fhall, at lead two kalendar months before the Michaelmas meeting, leave his objeftions in writing with the fheriff or iteward's clerk as aforefaid, who is hereby required, upon receipt of the aforefr.id claim or objeftions, to indorfe on the back there- of the day he received the fame, and alfo to give a copy of the aforefaid claim or objeflions, to any perfon who Ihall demand the fame, upon paying the legal fee of an ordinary extract of the fame length. 8. And whereas great difficulties have occurred in making up the rolls of eledlors of commif- fioners for {hires, by perfons claiming to be in- rolled, in refped of the old extent of their lander, where the old extent does not appear from proper evidence, and votes have been unduly multiplied by fplitting and dividing the old extent of lands, fince the fixteenthday of September, 1681 : for jjiviton of the remedy thereof, be it enabled and declared by die UnM, to muki- authority aforefaid, That no perfon is or fhall be hilued.""'^"* entided to vote for a commifiioner to lerve in parliament, for any fhire or llewartry in that part of Great Britain called Scotlandy or to be inrolled in die roll of eledtors, in refped of the old extent of his lands, holden of the king or prince, unlefs fuch old extent is proved by a retour of the lands of ELECTIONS FOR SCOTLAND. kvil t)f a date prior to the fixteenth day of September^ 1681, and that no divifion of the old extent, made fmce the aforefaid fixteenth day of Septem- ber, 168 1, or to be made in time coming, by re tour or any other way, is or fhall be fuftained as fufficient evidence of the old extent. 9. Provided always, That lands holden of the Provir«. king or prince, liable in public burdens for four hundred pounds Scots of valued rent, fhall in all cafes be a fufficient qualification, whatever be the old extent of the faid lands j any law or praflice to the Contrary notwithftanding. 10. And be it further enafted by the authority aforefaid. That no purchafer, or fineular fuc- How a purchaftr . ,,.,111 "'='" ^"^ ''^f°" ceuor, fhall be inrolled till he be publicly in- he it inroiiad j feoft, and his feifin regiilered, or charter of con- firmation be expede where confirmation is necef- fary, one year before the inrollment j and that no heir apparent fhall be inrolled, until his predecef- ^"^^^^" heir-ap- for's titles are produced, and allowed by the free- holders, as a fufficient qualification for his voting for a member of parliament ; and that any perfon S^Sors may be inrolled, though abfent at the time of JJ^^ ^^ ibiSu' fuch inrollment, provided the titles and vouchers of his qualification are produced, and laid before the freeholders J and if any perfon fhall be chofen - a member to ferve in parliament for any fhire or flewartry within that part of Great Britain called Scotland^ who fhall not be prefent at the m.eeting of eledion ; be it enacted by the authority afore- laid, 1 hat the member to lervc in parliament lo in h'is abfence, cleded, before he takes liis feat in parliament, ^^3,"Zt, '" alii fliall tali^ the oath appointed to be taken by every J Jj„.f " ^i",] E E 2 freeholder, ^*°;<= *^= ^"^^ Ixviii ACTS RELATING TO freeholder j who fhall claim to vote at any elec- tion of a member to ferve in parliament, by the 7GC0. a. c. 16. a6t of the 7 th year of his prefent majefty, in- tituled, ' An ad for the better regulating the cleftion of members to ferve in the houfe of com- monSi for that part of Great Britain called Scot- land , and for incapacitating the judges of the court of fefTion, court of judiciary, and barons of the court of Exchequer in Scotland, to be ele6led, or to fit or vote as members of the houfe of com- mons, before the lord fteward of his majefty 's houfhold, or any perfon or perfons authorized by him for that efFe6t, which he or they are hereby impowered and required to adminifter ; and if a member to ferve in parliament, fo elefted, fhall On rei^ifiog the ncglcd or rcfufe to take the aforefaid oath, fuch Iton dedare'd' cledion fhall be void. *°"** II. And be it further enaded by the authority aforefaid. That at the annual meetings of the free- Who arc to be holdcrs Et Michaclmas, the original conftituent original confti- n 11 1 r i r 1 n n n «uent members, members fhall be iuch perfons only as fhall ftand upon the roll, that fhall have been laft made up, whether at a Michaelmas meeting, or at a meet- ing for an ele6lion of a member to. ferve in par- liament, and that a copy figned and extraded of Minutes of pro- the roll made up by the freeholders at their Mi- cnterefinb^k! chaelmas meetings, or meetings for elcdions, kept by the fhe- j-Qp-ether v/ith the minutes of their proceedings at ri,T or ftewatd s o . r d clerk. their faid meetings, Ihall, by the refpedive clerks of fuch meetings, be forthwith delivered to tlie fherifr or fteward's clerk gratis, and fhall be in- ferted in books to be kept by the faid flieriff or ileward's clerk for that purpofc, who fliail forth- with tLECTIONS FOR SCOTLA?4D. ixii with deliver copies of the fame, extrafled and figned, to any freeholder who fhall defire the lame, paying the legal fee for an ordinary extrad of the fame length, and fliall at every fiibfeqiient mect- inor at Michaelmas, or meetino; for any election, Minute-books to J r . r r ' . ' be produced at produce the faid books, for the life of the free- pubjic mectin;s. holders j and in cafe fuch Hieriff or fleward's clerk fliall negleft or refufe to enter the aforefaid rolls of elecftion, or minutes of proceedings, in- to books fo to be kept for that purpofe as afore- faid, or fhall negleft or refufe to give copies thereof, extradied and figned, or fliall omit to produce the books at any fubfequent meeting as aforefaid, he fliall for every fuch ofi'ence forfeit J^Jj-^''^ °" "* the fum of one hundred pounds flierling, to be recovered by any freeholder, within fuch fhire or flewartiy, who fliall fue for the fame, in fuch manner as is hereafter direfted , and if the afore- faid principal books, containing the rolls and minutes as aforefaid, fliall not be produced at the Michaelmas meetings, or meetings for eledion, a copy of the faid roll and minutes, extra6led and figned by tlie fli(.'ritY or flreward's clerk, fliall be fufficiuitj and if tlic flierifF or fleward's clerk fliall give out falfe copies of the fiid roll or minutes, extradted and flgned by him, he fhall for every fuch offence foifcit the Pcn-.'ty on £i»- fumof one hundred pounds fterliniiio theperfon '"6 •'•'•'^.ct''--- to whom the falfe copy is given, to be recovered by him or his executors, in the manner heiein- afcer directed, and fliall be for ever aiter incapa- ble of holding or enjoying his faido.lice. F. E 3 12, And hat ACTS RELATING TO The roll of «iec- 12. And be it further enafted by the authority tors laft made ^ , ^ ^ up, fliaiibeufed aforefaid, That at every eledlion of a commifr' ■at the next dec- -~ - . ,, tion. licner to lerve m parliament for any fhire or ftewartry, within that part of Great Britain calr led Scotlajid, the roll of eledors which fhall be laft made up by freeholders, whether at the Mi- chaelmas meeting, or at the laft eledlion of a member to ferve in parliament, Ihall be the roll to be called over by the commiffioner laft elefted, or in his abfence by the ftieriff or fteward's clerk, in order to the eleftion of prefes and clerk, as alfo by the prefes after he is chofen, for the j:hoice of the member to ferve in parliament, and for the determ.ination of all the queftions that fhall arife in the adjufting the roll, and in the courfe of the election, excepting fo far as the faid roll Ihall, after the meeting is duly conftituted by the choice of prefes and clerk, be altered by judgement of the majority of the freeholders ftand- ing on that roll, by leaving out thofe whofe cir- cumftances are altered, and by adding others, who produce proper titles. 13. And be it further enabled by the au- thority aforefaid, That at every meeting for an cle6tion of a commiffioner to itwt in pai-- iiament, if the com.miffioner laft eledled, or in his abfence the fheriff or fteward's clerk, ftialj, in the choice of prefes or clerk, receive the vote of any perfon that does not ftand upon the faid roll, he ftiall, fur tvcry fuch offence. Penalty for tp.k- forfeit the fum of three hundred pounds fterling " ' to every candidate for the ofiice of prefes or clerk ELECTIONS FOR SCOTLAND. Ixxi clcik refpedlively, for whom fiich pcrTon fliall not have given his vote, to be recovered by him or them, his or their executors rel'pe6livcly, in man- ner lierein-after dire<5ledj or if the commifiioner lail eledled, or in his abfence the fheriff or fteward's clerk, fhall, in tlie choice of prefes or clerk, not call for, or Hiall refufe the vote of any perfon whofe name is upon the faid roll, he fliall, for every fuch offence, forfeit the like fum of three Penalty on re- hundred pounds fterling to the perfon whofe votes. name fliall not be called for, or whofe vote fliall be refufed, to be recovered by him, or his exe- cutors in the manner herein-after directed -, and if the prefes after he is chofen iliall, in the eledlion of the member to fcrve in parliament, receive the vote of any perfon who does not Hand iij)on the roll duly made up by the faid meeting, he fiiall, for every fuch offence, forfeit the fum of two hundred pounds fterling to every candidate for whom fuch perfon fliall not have given his vote, to be recovered by him, or his executors, in the manner herein- afcer directed ; or if the prefes after he is chofen fliall, in the election of the member to ferve in parliament, not call for, or fliall refufe the vote of any perfon whofe nan^r is upon tlie faid roll fo made up, as aforefaid, he fliall, for every fuch offence, forfeit the like fum of two hundred pounds fl:erling to the perfon whofe name fhall not be called for, or whofe voce fhail be refufed, to be recovered by him or his executors, in the manner herein-after direcfled: and it is hereby declared, That in cafe of equality On equality of f. • 1 1 • r r 1 1 ^1 voces, in chufint of votes 111 the choice ot preles or cleik, the com- a cicik, wu ^ ^ 4 mnncn^r „ftinsv<.te. Ixxii ACTS relyiting to mifTioner laft ele<51:ed, and in his abfence any free- holder prefent V/ho laft reprcfented the fhire or llewartry in any former parliarnent ; and if no fuch perfon is prefenc, the freeholder prefent who prefided laft at any meeting for any eleftion, and in his abfence the freeholder who laft prefided at any Michaelrnas meeting ; and if none of the faid perfons fhall be prefent, the freeholder prefent who ftands fir ft on die roll, fhall, befides their own votes as freeholders, have the cafting and de- termining vote, and that the prefes chofen, fhall, after his eledion, in the choice of the commif- fioner to ferve in parliament, and all other quef- tions, where the votes are equal, in like manner, befides his own vote as a freeholder, have the cafting and determining vote. 14. And be it further enacted by the au- thority aforefaid. That the perfons chofen to be prefes and clerk, by the majority of the freeholders prefent, ftanding on the faid roll, fhall be prefes and clerk of the meeting for fuch eleftionj and it fhall not be lawful for The prefes and any numbcr of freeholders to feparate from the chofen by the majority of the perfons prefent, who ftand upon iSd°rsT°no' fc- the faid roll, and fet up any perfon as prefes or p.rated parry | J^ ^^|^^j. ^J^^j^ ^^^^^^ ^^J^^ jl-^.j^ ^^ chofcn by thc ih?li cnulc an- ' -i other. majority of the freeholders prefent, ftanding on the faid roll, and that it fhall not be lawful for any perfon to aft as prefes or cleik at any fuch ejeftion, unlefs they are chofen by the majority penalty on fepa- of pctfons ftanding on the faid roll ; and every freeholders. freeholder who fliall fo feparate from the majo- rity of the freeholders on the roll, and fet up any perfon ELECTIONS FOR SCOTLAND. ^XXlii pcrlbn as prefes or ckik, other thm thofe uho jliall be chofen by the majority, as atorclaiv], he iliall for every luch ofFence f'ortcicthe funi of tifcy pounds fterling, to the candidate who fliall be chofen by the majority of the f;eeholdcrs from whom fuch feparation was mad:; to be reco- vered by him, or hio executors, in the manner herein -after dire died : and ifany perfon prefuir.e to iitl as prefes or clerk, who is n^t chofen by the majority of the f. eeholders prelt-nt itanding on the faid roll, he fliall, for every fuch oftence, forfeit Pcnt-^ty on »»- the fum of two hundred pounds (lerlinor to the '"^'" P'f'^"' r o clerk, without candidate who fhail be chofen by the majority of *"> auif»-^nty- the freeholders, as aforefaid, to be recovered by him, or his executors, as heiein-afccr di- redled. 15. And be it further cna6ted by the autho- rity aforeiaid. That the commiffioner lail eleded, tion^oTckrVt^ or in his abfence the flierifl' or fteward's clerk, \', ^'^"','^' '""^ •* d-iiveud to toe -Pnall fign the minutes of die ele^^ion of prefes c'^rk ch-rcn. and clerk, and deliver tJie fame to the clerk chofen by the majority of the freeholders, as aforefaid] and if the commifTioner lalt elected, or in his abfence, the flieriff or ftewaid's clerk, fhail negle6l or refufe to fign the aforefaid mi- nuses of elcfticn of prefes and clerk, and deli- ver the fame to the clerk chofen, as aforefaid, or fliall flgn falfe minutes thereof, lie fliali, for every fuch offence, forfeit the fum of uiie liun- Pfnaky on rr- tired iiounds flerlino; to the perfon elected prefes, f"''"^t«'^e"v''7 as aforefaid, to be recovered by him, or his minutet. executors, in the manner hereafter direfted. 16. And Ixxiv ACTS RELATING TO 1 6. And be it further enabled by the autho- rity aforefaid. That the clerk chofen by the ma- cicrk to make a j^rity of the freeholders on the aforefaid roll, Ihall true return. retum to the flietiff or fteward fuch perfon as fnall be elefted by the majority of the freeholders on the roll made up at the meeting for ele6tion, in the manner aforefaid ; and if the clerk chofen, as aforefaid, fhall refufe or negleft to return the perfon ele6led by the majority of the freeholders on the roll, made up at the meeting for eledion, or fhall return any perfon other than him who fliall be elefted by the majority of the freeholders, as aforefaid, he lliall, for eycry fuch offence, in-^ (lead of the penalty or forfeiture to which he is made liable by the aforefaid ad made in the Penalty on re- y^\^ q( j^js prcfcnt maieitv, fotfeit the fum of fufing, or mak- ^ . i j- 1 ing a taife one. five hundred pounds ftcrling to the candidate chofen by the majority of the freeholders on the aforefaid roll; to be recovered by him, or his executors, in the manner herein-after di- reded. The return to ij . And bc it further enafted by the autho- Jhewrk!'''^ '' rity aforefaid, That every Iheriff or fteward, of any fhire or ftewartry, within that part of Great Britain called Scotland^ upon producing to him a copy of the aforefaid roll lall made up by the freeholders at the laft Michaelmas meeting, or at the laft eieftion of a member to ferve in parlia- ment, extraded and figned by the Ilieriff or ftew- ard's clerk, and upon producing and fliewing to him the original minutes of die elecTtion of prefes and clerk figncd by the commiffioner laft elefted, or in his ablencc, by the ftieriff or fteward's clerk. EEECTIONS FOR SCOTLAND. IXXV clerk, ihall annex to the writ the return made by the clerk cholen by the majority of tlie free- holders on the aforelaid rollj and if any fuch flieriff or fteward fliall neglecl or refiife to an- nex to the writ fuch return, or if he Ikall annex to the writ the return made by any other perfc)»i pretending to be clerk to the elediion ; lie ihall for every fuch offence, inftead of the penalty or forfeiture to which he is made liable by the afore- faid a6l made in the yth year of his prefent majefly, forfeit the fum of five hundred pounds Penaky. fterling, to the perfon returned by the clerk, and chofen by the majority of the freeliolders on the aforefaid roll, to be recovered by him or liis executors, in the manner herein-after direfted. 1 8. And be it further enafted by the autiiority aforefaid, Th^t every fheriff or fceward of any fhire or fcewartry, within that part of Great Bri- tain called Scotland^ fnall hold the Michaelmas head court in all time to come, on the day on "^y-*'" *^'; ^^■' which it fliall appear to him to have been mod court ai^ii be ufually held in times paft; and to prevent all un- * ' certainty in time coming, eveiy flieriff or Reward fhall, at lead fourteen days before Michaelmas next, appoint a precife day fi the faid baron or freeholder, fliall have right to vote, or to be elefted in refped thereof; and diat where lands are now holden, or fnall at any time here- after be iiclden of the king or prince, by a peer in «hat «<"« the 1 1 1- • proprietors oniy or Other perlon, or body pontic or corporate, ihaiivoic. who by law are difibled to be a member of the hoiife of commons, or to vote in fuch ele6lions; in fuch cale the propi ietor and owner -of fuch lands, and not any of his fuperiors, fhall be en- titled to vote, or to be eledtcd, in refpecl of the fame lands ; and that no alienation of the fjpc- riority to be made by fuch peer, or other ])er- fon, or body politic, incapable to ele<5l or to be eleded, fliall deprive die proprietor and ov/ner of the lands of his rio-ht to vote in the elections for the faid (hire, or his capacity to be ciefted ; nor entitle tlie purchafer of tlie laid fuperiority to vote, or to be elected ; and tliat the propertv of ^i*",^' ,^.-'^ ^^'\ ' ' L L J „t trie kii'g> intl lands, of the valuation aforefaid, holden in part p^="t «■•* a p-^'"» immediately of the king or prince^ and in part lin- the o*vn-r or a peer, or other perlon, or body polrac in- ledt^i. capable to ele6l-, or to be eledled, finill be a faf- ficient qiialincation to the proprietor and owner of fuch lands, and fliall entitle fuch proprietor to vote, and to be elefled for the faid fliire ; any law or ufage to tlic contrary notwithflanding. 21. And IxXViii ACTS RELATING TO 21. And be it ena6led by the authority afbre-^ faid. That the freeholders and proprietors, having right to elect, or to hz eleded a commiffioner for die fhire of Sutherlandy fhall meet at the whfQ free- head borough of the faid fhire, at the Michael- thJStd\JL mas head court, which fhall be in the year of our eledors having right to vote in the choice of a comnriifiioner, in the terms of tiiis prefent aft, and of the other afts of parliament, made touch- ing the election of commifiioners for fhires in Scotland y and which roll, fo made up, fhall be reviled yearly at the Michaelmas meetings, at and after eleftions, according to the rules pre- fcribed in this act, and in other acts m.ade for regulating the eleftions of commiflioners for fnires in that part of Great Britain CdiVitd. Scotland: And it is hereby declared. That the faid acts of parliament do extend to the fliire of Suther- land as v/ell as to the other fhires in Scotland^ ex- cept in fo far as it is otherwife provided by this prefent aft. 22. And v/hereas at the eleftion of members to ferve in parliament for the diftrifts of boroughs in that part of Great Britain called Scotland^ it often happens that more peifons than one claim to be admitted to vote as commiiTioners for the fame borough, v/hich furnifhcs pretences to the clerks of die prefiding boroughs for pardally making talfe and undue returns : For rem.edy thereof, be it enafted by the authority aforefaid, A: annual flee- xiiat at the annual eleftion of m.asriftrates and tions the mincH- _ _'--' rity fliiii not it- counfcllors^ and in all the proceedings previous parate from the Ecajority. tO ELECTIONS FOR SCOTLAND. Ixxix to the eledlion of the niagilbatcs and counfcllors for the fucceeding year, it lliall not be lawful for the minority of any meeting for cie6tion, either of magilbates or counfcllors, or dvacon^, or 0[!ier pcrfons, who by the conftitution of the refpeftive boroughs may have votes in the election of ma- giftrates or counfcllors, to fcparate from the ma- jority of thofe having right to ad by the confti- tution of the burgh at fuch meetings, upon any pretext whatfocver ; nor to make any feparate eledlion of magifrrates, counfcllors or electors; but the minority fhall in all cafes fubmat to the elec- tion made by the majority in all the parts of eleftion ; and if anyperfon elected by the minority of any fuch meeting, fliali prefume to vote in the cie6tion of magiilrates or counfcllors, or in leeting the magiftrates or counfellors, or in any other ftep of the eleftion, he fhall forfeit the fum of one I'maity on cf- hundred pounds fteriing to any one of the ma- jority of fuch meeting, to be recovered by him in the manner hereafter direcled. •ij. And be it further enadled by the authority !^^^,/'by'"'thr aforefaid. That no perfon elc6led to be a mao-if- "'■'"^»'f>». /^^i' ■* -^ , _ ^ ^ have a right, t* trate or counfellor by a minority of thofe having i^. rio-ht to vote in eleftions of the magiilrates and counfellors, fhall, upon any pretext whatfocver, pre- fume to aft as magiftrate or counfellor, and if any perfon fliall notwidiftanding prefume to adt as ma- giftrate or counfellor, heftiall, for every fuch offence, forfeit the fum of one hundred pounds fteriing, to l^^f';;,;;;,," ,f " the magiftrates or counfellors elecled by tiie ma- «'-'^»^n- jority, or to any of them who fhall fue for the fame, to be recovered by him or them in the manner herein-after dirctfced. i4. Pro- IXXK ACTS RELATING TO ^rTitrifv^ 24. Provided always, and rt is hereby de- may be redrtiu.i darcd and cnacled, I'hat it fhall and may be bv th? court or • •' ii^on. lawful to and for any conftituent mennber at any niecting for eledion of magifcrates or counfellors, or of any meeting previous to that for the elec- tion of magiftrates and counfellors refpedlively, who Ihall apprehend any wrong to have been done by the majority of fuch meeting, to apply to the faid court of feiTion, by a fjmmary com- plaint for rectifying fuch abufe, or for making void the whole election made by the faid majo- rity, or for declaring and alcertaining the elec- tion made by the minority, fo as fuch complaint be prefented to the faid court of felTion within two I kalendar months after the annual ele6lion of die magiflrates and counfellors ; and the faid court fhall thereupon giant a v/arrant for fummoning the magiftrates and counfellors ele6ted by the majority, upon thirty days notice, and fhall hear and determine the faid complaint fummarily, with- out abiding the courfe of any roll, and fhall allow to the party who fnall prevail, dieir full cofls of fuit. 25. And whereas the magifbrates and counfel- lors of the royal boroughs in that part of Great Britain called Scotlandj by virtue of feveral laws now in force, are bound to take and fubfcribe the oath of allegiance, fubfcribe the apfurance, and to ta,ke and fign the cath of abjuration, for and on account of their eledlion into their refpe<5tive offices ; and that in his majefby's courts of feflion, judiciary or exchequer at Edinburgh, or at the quarter fefiionsof the refpedive fhiresand flewar- tiies. ELECTIONS FOR SCOTLAND. Ixxxi tries, within which the royal boroughs are fituate, which has been found by experience to be attend- ed with great trouble and expence to the faid magillrates and counfellors : For remedy thereof, ^•''""" °f '^^^ _ •' ' mngiftrates and be it enacted by the authority afl^refaid, That it c""nf--ii'^« tak- IhaJl and may be lawful to the find magiftrates oaths. and counfellors to take and fubfcribe the oath of allegiance, fubfcribe the affurance, and take and fign the oath of abjuration, before the council of their refpe6tive boroughs ; and which oaths the chief iiiagiftrate, or any other magiftrate of the faid boroughs refpe6lively, is hereby impowered and required to adminifter; and the oaths fo taken, fhall be equal in all refpeds as if they had been taken in the courts, and before the judges direded by the feveral ads of parliament above referred to. 26. And be it enacted by the authority afore- faid. That at every elecftion of commiflioncrs for chufing burgefles for any diftrift of boroughs in that part of Great Britain called Scctlandy tlie common clerk of each borough within the laid The cicrk to .„ , fign thccommif- diltndl, Ihall make out a commillion to the r.on, anj fix the perfon chofen commiflloncr by the mriior part of the magilbates and town council afiembled for that purpofej which magiftrates and town council fnall take die oath of allegi^mce, and fign the fame w^ith the affurance, and fliall take all the other oatlis appointed to be taken at fuch eleftion, by this or any former a6t, if re- quired i and the faid cierk iLall affix the common feal of the borough thereto, and fign fuch com- F F mlffion f,-al ot" tlie bd- rough. Ixxxii ACTS RELATING TO million, and fliall not on any pretence whatfoevef make out a commilTion for any perlbn as com- miffioner, other than him who is chofen by tlie majority as aforefaid j and if any common clerk of any borough fhall negle6h or refufe duly to make out and fign a commiffion to the commif- fioner elefted by the majority as aforefaid, and affix the feal of the borough thereto ; or if he fhall make out and fign a commiffion to any other perfon who is not chofen by the majority, or affix the common fcal of the borough thereto ; he fhall, for every fuch offence, forfeit the fum of five hundred pounds fterling to the perfon eie(5led comimiffioner for the faid borough as aforefaid, to be recovered by him or his executors in the rnanner herein after directed, and fliall alfo fuffer imprifonment for the fpace of fix kalendar months, and be for ever after difabled to hold or enjoy the faid office of common clerk of the faid borough, as effeftualiy as if he was naturally dead. 27. And be it further enacted by tlic authority Penalty on any ^forcfaid. That if any other perfon who is nottlic perfon ading as common clctk of the borouorh, fiiall take upon clerk, and male- t> ■> r '* ing out wrong himfclf to a6l as fuch in any eledion of a com- rul commifiions. . r 1 r miffioner for chuling a burgefs for any diftrift of boroughs in that part of Great Britain called Scotland^ and fhall make out a commiffion for any other perfon as commiiffioner, other than the perfon who was chofen by the majority as afore- faid, and fhall fign or affix the common feal of the borough thereto -, he fhall, for every fuch offence, forfeit the fum of five hundred pounds 'iterling, to the perfon eleded commiffioner for the ELECTIONS FOR SCOTLAND. Ixxxiil the faid borough as aforefaid, to be recovered by him or his executors in the manner herein-after diredled. 28. And whereas by an a6t pafTed in that part of Great Britain called Scotland^ the fifth day of Fe- bruary, in the year 1 707, intituled, * A61 fetding the manner of elefling the fixteen peers, and forty- five commoners, to reprefent Scotland in the parlia- ment of Great Britain^' it is among-fc other things enafted. That where the votes of the commiffioners for the faid boroughs met to chufe reprefenta- tives from their feveral diflrifts to the parliament of Great Britain, Ihall be equal; in that cafe, the prefident of the meeting lliall have a cafbing or decifive vote, and that by and attour his vote as a commifTioner from the borough from which he is fent ; byt no provifion is made in cafe of the abfence of the commifTioner from the prcfiding borough, or of his refafing to vote at fuch elec- tion : For remedy thereof, be it enabled by the authority aforefaid. That if the commiflioner who fl.aii aa m from the prefiding borough fliall be abfent from JreSg^com. the meeting of commiffioners for chufing bur- ™'''°""'' gelTcs to ferve in parliament, or lliall refufe to vote at fuch eleftion, the commiflioner from the borough which was the prefiding borough at the lafc eledion ; and ifhealfo be abfent, orfhallrcfufc to vote as aforefaid, the commiffioner from the borough which was the prefiding borougli at the eleftion immediately preceding the laft; and in cafe he fhail be likewifc abfent, or Hiall refufe to .* vote as aforefaid, the commifTioner from the bo- rough which was the laft prefiding borough but F F 2 two, Ixxxiv ACTS RELATING TO two, Ihall have in the aforefaid refpeftive cafes, befides his own vote, the calling or decifive vote. No objeftion a- 29. And bc it further declared by the authority dent &"."''"" aforefaid, That it is no objedion to any com- mifTioner for chufing a burgefs, that he is not a refidenter within the borough bearing all port- able charges with his neighbours, or that he is no trafficking merchant therein, or that he is not in poiTeflion of any burgage lands or houfes hold- ing of the faid borough, and that fuch qualifica- tions need not be cngrofled in his cominifTion ; any law, cuftom or ufage to the contrary not- flanding. What votes fhaii 30. And bc it further enabled by the authority be allowed. aforcfaid. That at all meetings of commiffioners for chufing burgeffes to ferve in parliament, the common clerk of the prefiding borough fnall allow the votes offuchperfons only who produce commif- fions authenticated by the fubfcription of the com- mon clerk, and the common feal of the refpective boroughs within thediftricl, and fliall return to the flieriff or fteward the perfon elcfted by the major part of the commiffioners affembled, whofe com- fions are authenticated as aforefaid; and if he neglect or refufe to return fuch perfons fo cle6led to the ffieriff or fteward, or if he fliall return to the ffieriff or fteward any perfon other than him wlio is fo elefted, he ffiiall, for every fuch offence, inftead of the penalty or forfeiture to which he is made liable by the aforefaid a6l made in the 7th year of his prefent majefty, forfeit the fum of five hundred pounds fterling, to the can- didate ELECTION'S FOR SCOTLAND. IxXXV didate elected by the majority of the commif- fioners aflcmbled, whofe commilTions arc audien- ticated as aforefaid, to be recovered by him or his executors, in the manner herein-after di- rected, and he (hall alfo fufler imprifonment for the fpace of fix kalendar months, and be for ever after difabled to hold or enjoy his faid office of common clerk of tlie faid prefiding borough as if he was naturally dead. 3 1 . And be it enaded by the authority afore- faid, That every IherifT or ftcward in that part of Great Britain called Scotland, fhall annex to ^y^j^ ,„j ^^j^,^„ the writ the return made by the aforefaid clerk to be annexed, of the prefiding borough; and if any fuch fherifF or fteward neglect or refufe to annex to the writ fuch return, or if he fliall annex to the writ any return made by any other perfon, he fhall, for every fuch offence, infiiead of the penalty or for- feiture to which he is made liable by the afore- faid act made in the yth year of his prcfent ma- jefty, forfeit the fum of five hundred pounds Pcnaity. fterling to the candidate returned by the aforefaid clerk of the prefiding borough, to be recovered by him, or his executors, in the manner herein- after direfted. 32. Provided always. That if any perfon to p,ovif.>. whom no commilTion is made out, as aforefaid, fliall infill that he was duly elected the commif- fioner from any royal borough, the perfon fo claiming fliall be admitted to the meeting of the commifTioners for chufing burgefTes to lervc in parliament, and may at the laid meeting make offer of taking ail the oaths r quired by law, and F F 3 declare c. 24. extended to elec- tions gates IxXXvi ACTS RELATING TO declare for whom he would have voted, had he been duly commiffioned, which oaths the clerk of the prefiding borough is hereby required and impowered to adminifter 5 and the laid clerk fliall alfo fet down in the minutes of proceedings, the declaration of fuch perfon as to the candidate for whom he would have voted, had he been duly commiffioned; but the faid clerk fhall upon no pretence whatfoever receive or confider fuch per- fon as a legal voter, or fuch declaration as a legal vote, at fuch eleftion. 33. And whereas doubts have arifen, whether Aa 2 Geo. 2. the aft of parliament made in the 2d year of. the reign of his prefent majefty, intituled. An A61: of dele- for the niore effedual preventing bribery and cor- ruption in the election of members to ferve in par- liament, extends to the eleftors of ccmmiffioners for chufing burgefies : Be it hereby enafted by the authority aforefaid. That the eleftors of commif- fioners for any royal borough, within that part of Great Britain called *S'f(5//^«r:/, for chufing burgeffes to parliament, are within the true intent and meaning of the fiid a6l, to be confidered as elec- tors of the member to ferve in parliament, and fhall befo deemed and adjudged to all intents and purpofes whatfoever, and fhall be liable to all the provifions, forfeitures, and incapacities, to v/hich perfons voting or claiming to vote for any mem- ber to ferve in parHament are made liable by the faid ad. 34. And be it further enacted by the authority aforefaid. That at every eledlion of commiffioners 3 for ELECTIONS FOR SCOTLAND. IxXXVU for chufing burgeflcs for the fcveral diflrids of boroughs in that part of Great Britain called Scotland^ and at the election of a burgefs to fer\'e in parliament for the city of Edinburgh, every niagirtrate, town counfcllor, or p;"i fon having or ckiming to have a right to vote at fuch clcflion, inilead of the oadi prcfcribed to be taken by tiie f^id avSl, before he is admitted tfo vote at the fame eleftion, fliall take the following oath, in cafe the fame fliall be demanded by any one of the elec- tors ; and which oath any of the magiftrates, or, in their abfence, any of the town council, are hereby impov:ered and required to adminifcer ; * I, A. B. dofolemnly fwear. That I have not ?''';;°''Va'^'° dire6lly or indirectly, by way of loan or other de- *!*'« atthccicc- vice whatfoever, received any fum or fums of eciv, &c. money, office, place, employment, gratuity, or reward, or any bond, bill, or note, or any pro- mife of any fum or fums of money, office, place, employment, or gratuity whatfoever, either by myfclfor any other, to my ufe or benefit, or advantage, or to the ufe, benefit, or advantage of the city or borough of which I am magiftrate, counfcllor, or burgefs, in ord»;r to give my vote at this election. So help me God.' 35. And be it further enaded by the authority aforefaid, Tiiat in all elections of commiffioners for chufing burgeflcs, and before they proceed to eleftion, the common clerk of each borough fliall take and fubfcribe the oath following, which aiiy of the magiftrates, or, in their abfence, any F F 4 two IxXXViii ACTS RELATING TO two of the town council are hereby impowered and required to adminiiler : Oath to be taken * I, A. B. do foleiTiniy fyVcar, That I havc not ck>k,\eSrthe direaiy, or indireclly, by way of loan or other ekft:oiiofcom- devicc whatfocvcr, received any fum or fums of mimoners to •' ehufe burgefles. money, office, placc, employment, gratuity or reward, or any bond, bill, or note, or any pro- mife of any fum, or fums of money, office, place, employment, or gratuity whatfccver, either by myfelf or any other, to my ufe, or benefit, or advantage, to make out any commiffion for a commifiioner for chufing a burgefs : and that I will duly make out a com- miiTion to t-he commiiiTioner who fhall be chofcn by t-^'" majority of the town council alTembled, and to no other perfon. So help me God.* And that at all meetings of the commiilioners for chufing burgelfes to ferve in parliament, and be- fore thty proceed to the eleftion, the cleik of the prefiding borough fliall take and fubfcribe the following oath, which the commiiTioner for the prefiding borough, or in his abfence any other of the commiffioners, is hereby required and im- powered to adminifter. Oath of the * I, A. B. do folcmnly fwear that I have not ckikof the pre- ,.^-,1 .,. „, , iijmg borough directly or indn-eCtly, by way of loan, or other before election. i • i r • i <- r r device v/natloever, received any fum or fums of money, office, place, employment, gratuity, or rev/ard, or any bond, bill, or note, or any pro- mifeof any fum or fums of money, office, placc, employment, or gratuity whatfoever, either by Z myfelf, ELECTIONS FOR SCOTLAND. Ixxxix myfclf, or any other to my iife, or benefit, or advantage, to make any return at this election of a member to fcrve in parliament j and that I ^vill return to the flieriff or fteward the pcrfon elected by the major part of the commilTioners aflem.bled, whofe commifTions arc authenticated by the fubfcription cf the common clerk, and common feal of the rcfpedivc boroughs of this diftrid:. So help me God.' 2^. And be it further enacted by the autho- rity aforefaid, That if the clerk of the prefiding borouo;h fnall ncQ-lccl or refufe to take the oath aforefaid, fuch clerk, fo refufinf}; or nco-ledtin";, P«"'i*y <"» »*>* ' ' D o o' c.erkol ihe pre fliall be incapable to act as clerk to the faid meet- <""•'"? borough's . negled. ing; and it fhall be lawful to and for the faid commilTioners, and they are hereby impowered and required to chufe another clerk to the meeting for the election, and who fhall have all the powers and authorities in the faid meeting, and in the returning the memibej- chofen by them, that by law are competent to the clerk of the pi-efiding borough. 37. And be it further ena6tcd by the authority aforefaid. That at all the elections of a member to ferve in parliament for any county or ftewartry in that part of Great Britain c^\\ed Scot/aud, the clerk chofen by the majority of fuch perfons as Hand upon the faid roll laft made up by the free- holders, whether at the Michaelmas court, or at the lad ele6tion of a member to ferve in parlia- ment, fhall imm.ediately after his eledtion take and fubfcribe the following caLJi, which the prefcs XC ACTS PvELATING TO prefes of the meeting is hereby required and im- powered to adminifter : ' I, A. B. do folcmnly fwear, That I have not Oatii of the directly, or indirediy, by way of loan or other of Jemb?s?'°" device whatfbever, received any fum or fums of mofiey, office, place, cr employment, gratuity, or reward, or any bond, bill, or note, or any pro- mife of any fum or fums of money, ofiice, place, employment, . or gratuity whatfoever, by miyfelf, or any other, to m.y ufe, or benefit, or advantage, to miake any return at the pre- fent eledion of a member to ferve in parlia- .ment; and that I will return to the fheriff or fteward the perfon ele^fted by the majority of the freeholders upon the roll m-ade up at this eleftion, . and who fhall be prefent and vote at this meeting. So help me God.' . 38. And whereas l^y the faid ad of parlia- ment made in the 2d year of the reign of his prefent majefty, it is enaded. That every flieriff, J'^IL \a^l mayor, bailiff, headborough, or other perfon Ceo. 2. c. 24. i^gjj^o, 5_u^£ returning officer of any member to as to ccotlai.a. o d •' ferve in parliament, fliali immediately after read- ing the v/rit or precept for the eledion of fuch members, take and fubfcribe the oath contained in the aforefaid ad ; be it enaded by the autho- rity afore faid. That fo much of the faid act as requires the faid oath to be taken by any return- ing officer within that part of Great Britain called Scoiiandy fiiali be and is hereby repealed. 39. And be it further enaded by the authority ' pcnaUicsofrcr- aforcfaid, That if any perfon Ihall prcfume wil- ■'"'^* fully and fldfeiy to fwear and fubfcribe any of the oaths ELECTIONS FOR SCOTLAND. XCl oaths required to be taken by this aft, and fliall thereof be lawfully convidted, he fliall incur the pains and puniihments of perjur)'-, and be pro- fecuted for the fame according to the laws and forms in ufe in Scotland. 40. And be it further ena(5ted by the authority aforefaid, That when any new parliament fliall at any time hereafter be fummoned or called, the lord chancellor, lord keeper, or lords commif- fioners of the great feal for the time being, fliall ifllie out the writs for eledlion of members to ferve Wnts of fum, in parliament for that part of Great Britain called T'V^- pS Scotland, with as much expedition as tlie fame made 'c/llniajl may be done ; and that as well upon the calling ^'a^<^y- or fummoning any new parliament, as alfo in cafe of any vacancy during this prefent or any futui-e parliament, the feveral writs fliall be de- livered to the fl^.erifF or fl:eward to whom the ex- ecution thereof does belong or appertain, and to no other perfon whatfoever; and that every fuch flieriff or fteward, upon the receipt of the writ, fliaU upon the back thereof endorfe the day he received the fame, and fliall forthwith, upon re- ceipt of the VvTit, at leafl: within the fpace of four days after the receipt thereof, make out a pre- cept to each borough within his jurifdiction, to elecl a commifiloner for chufiiio: a burfrefs to to ferve in parliament, and fliall caufe the fame to be delivered to the chief ma.c2;ift:rate of fiich borouo;h refiant in the borourrh for the time being; and in cafe fuch fherift or fbeward fliall negledl to endorfe on the back of die writ tlie day he xcu ACTS RELATING TO FKaalty on fhe- rl ft~'s delaying tlje precepts. Wl.en thecoun- ci! fliall be cal- led for fetting a amend ACTS RELATllVG TO SCOTLAND; Limitation of s&ions. amend the laws touching the eleftion of members to ferve for the commons in parhament for that part of Great Britain called Scotland; and to re- drain the partiality, and regulate the condu6t, of returning officers at fuch eledions \ and further, the perfon convidled on any fuit fhall thereby become difabled and incapable of ever bearing or cxecutir.g any office or place of truft whatfoever under his majefly, his heirs and fucceiTors. V. Provided always, and be it further cnafted by the authority afore faid, that every adion or fuit for any offence againft this a6b, fhall be com- menced within twelve months after commiiTion of the fact on which the fame is grounded, or vithin twelve months after the conclufion of any proceedings in the houfe of commons relating to fuch eleflion. VI. And whereas the feveral parifh churches in the ftewartry of Orkney and Zetland are fituated upon iflands, detached and difficult of accefs i be it therefore enafted, that the Vvrit fof the eledion of a member to ferve in parliament for the faid ftewartry fhall be publiffied at the town of Kirkwall^ and the twelve parilh churches in the IQand of Pomona^ or the main land of Orkney only. A. D. 1795. i »-i V ►>^ ' h ^' ■si 1 >*^ u k. L* "^"5 CI. *; <' ^i « >A Ci !>. •■^ s 1 ^ a ^- £ i - •n Ui ^ i < ! <■ < Q C/D 1 5 A< to ^_^ Hjr < (•^ 1 ^ o . z 1 tH »-H 5 ^^ ^ -1 a. ca fO H H >— 1 ■N ►i;. "5^ c • 4— < »— ( u 3 [J, f5 c ■n !; ^ ^ ^>. 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(L> u P B] Q Q Q u u Tj 00 t-^ c- '- '-' '^ rt a tA o? o _• s J3 i^ s S^« u ^ r^. >-• bO VI K "5? o *i Cr O W ft, >-• o o u O a o c o "^ Ao 1 — > K .•V c/3 1 ^ :-i ^ u U « t^ a . 'a, K- U] ^ -s &, y^ ea H Jl 6 o c a a o o o ^ ffi ^ s CO « ^ « -f - ^ H >- i-T o « 8> pq tJ a i- o CO H a o rC bO o o k> a? i-< % H p4 h E o p^ f^ ; tJ M rt a 't< o G 1 Cli <3 •-4 '«*• i3 o I. fc O u ^v. vv ( -> f ■^ Q O w S5 1) - c Sf' >: ., re Ji 8 £ ^ - ^ Si ? y^ A. ( 1 r — ' > /-^ / ^ ^ S ^o- ^ w •—JO (U z i-i *-- ns o .S u 2 t::2 ?> . S O u o o .::; rt ^ ^« D.g ■ — . r/3 cc tq O »^ < bO ^ !_•• .5 Ch oT *S fe X o CJ a ^ 'j3 Urf ""^ a H J3 ^ X3 < _u S ^ fc. r^ « rt pi! QO CO fO O u u < 51; D r-^ /~^ a ci ^ c -■2' rt H n 7. 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( '^ . _.c_— '^1— =>_ >v ^ 1 u V. c 1-11 - rS •£ "5 _r c:^ e " = J j:> y H 1-1 z '-^ ^ S S 2 £"i -« 2: •S3 5 5 b 5 2: - ."S iQ o -? 2 3 r-D r^ £ 1; i-- O c^" ■^ 0" tT c3 1— • U. c c C/3 n ■o o Ct -H ►-i Ci Ci U3 i^ «^ M r^ I-^ 'X) ^ ^ 'P *; ::; '^ o Q ^ u s Oi " a ,^ Ui c ^ • H u o en h O c3 S ^ » s o o Sl< _Q_ < z Q r^-> o c -^ H SS ^ /-> Cd H— .Jji4 H X --^ bl "50 CL, c^ —1 -H Z 1 1 o ^-» flj H 5:^ U 5 !z *J -5 '!-< ^ 13 t^H 3 10 iii] - t c tJ H > C u W 1 T 1 C 4v ,~ " -^ -C jC" H PS *j c :: o »c a, c ^ ts r" .- -C ,t; t"^ t-i -> -' O — p: >^ ( 1 ^'•T^^ c ::: "> c3 "O a §-:i8^ ^. o £=-0 0^^ H 2 5 "13 bC o iT ^ < .s u p Ch tfi Z M5 o o « l^ K tc CO tM I INDEX. A. PACE. /xBSENCE — confequence of member's abfence from parliament, - - 20 confequence of member's abfence from felefl committees, - - - - 187 Aflion againft privileged perfons in the intervals of parliament, - - - - - 61, 125 Adjournment of county poll, - - - 53 court, - - 1 1 8 ■^ of committee, - - 186, 197 of houfe for want of fufHcient number of members, . - . - 286 '■ of the order of the day for taking petitions into confideraiion for vvanc of members - 325.327 Admiflion of freemen — how to compel infpedion of, zo'S Amercement of abfcntees, - - - I offtierifFs for omifiions in returns, - il>. Annuities and rent charges — acl to regulate the right of voting under, - - - - 170 Attendance of members required on ballot, 179, 323 B. Bailiff to return precept where there is no mayor, under penalty, - - - 17 Ballot — how to proceed in, - - I So, 196, 325 Bank direftors, not difqualified, • - - »33 6 * BtdfordftyiTt, INDEX. rAOB. Bec'f^rdjhiie—2i€t to authorize the then committee to , proceed, though they may be reduced to eleven in number, . _ _ - - 262 Booths— expence, number, and clerks of booths, and regulations concerning them, - - - 144 ioi--,Oii- enlry, where to be ere died, 238 Bribery — rpena'^y and remedy, . - . - .- I12, 123 ,— ■ at Shorehamt a6l to prevent, - - 200 at Crickhde, afl to prevent, - - 242 See Appendix. - - - - v C. Chairman of coHimittee — how to be cholen, , - 18^ .Checkbook to be allowed, - - . 145 . , ,-_^ in citie^ and townsj, cou^ities ■ , . of themfelvcs, - ■' ~ l?7 - - - - - , ■ ,i».(. ijiif •'' CheJiAre — how poll to be taken, - - . 90 Chejler, to fend members to parliament for the county " and city of, - , - , _ * ?J Cnique ports — thp nomination of members by the Lord ■^ li^arden illegal, - - -_ _. 39 Cities and towns,, counties of themfelves— qualification^ ^^pf voters, - . - - - ^%o )r-^ — '— and towns counties of themfslves, aft to regu- late tieclions for, - - ' X4Q Clerks of county ele£lions, - -■ £a Clerk of the crown. See Return. CommifHoners of any office not to be increafed, - 73 Committee — mode of forming them, - 183, 197 ' — '■ their power, - - 186 as to their adjournment, - 186, ig7 member of, confequence ofabfence, - 187 authorized to proceed on the Bedford peti- tion, though they may be reduced to eleven in number, .• , - _ _ 262 ■I. to pjoceed on petition though there be no return, or ujidue return, and regulations, - 271 Committee^ INDEX. PACE. Committee— may report on days appointed for taking petitions into conlideraiion, - - 287 proceedings, in cul'e the number of thcin be reduced, - - - - 290- — liow to report, - - - 291 in wJiat cafe to report right of cleftion, 295 not to be diflbivcd on prorogation of I'ur- liament, v '- _ _ . 299 Controverted eleiHions-^adls to regulate, 178, 195, 206, Contraiflors — what contiaf^ors are incapable of being ele(fted, or fitting in Parliament, - - 250 Conveyances to multiply votes, void, - "55 — colourably made to qualify eledors, their eiFed and confequences, - - - 86 Copyholders difablcd under penalty, - - 161 Cofts — in what cafe incurred, and how to be afcertiincd, 293 — — recovered, 294 Co'vent'y — a£l to regulate eledions for, - - 233 «— mode of admitting freemen, and rcgiltcr of indentures, ^ ^ - . - 234 oath of eleftors, . . - 236 penalty in returning ofTiccrs admitting pcrfons not f.vorn, - - - - 237 on town clerk for fraudulent eutries of free- men, _ . - - 238 booths, where to be crefked, - - 239 County Court, for the elcclion of county members, when and where to he held - - - 5 1 — of Vcrk, where to be he'd, - 56 of Soithaiui'.o'i may be adjourned from Winchef,er to Neavport, - - if>. concerning the adjournment of, 1 1 :?, 146 County Election — ads concerning form and manner of, 3, 13, 137, 266, 301 what time of day it fhall be, - ij when to be, - - 266 6*2 County INDEX. PAGS, County Eleftion — oath to freeholders, 9, $2*88, log, 138,267 See Writ, Poll, Return, &c. Cricklade — aft to prevent bribery at, - - 242 — ^— — right of voting extended, - - ib, qualification of new voters, and oath, - ib, • rciurning officers dut)', - - 245 Cuftom? — commiffioners and officers of, difqualifiedj £nd penalty . « ;» 65 D. Days excepted for proceeding of committee, - 286 Death of a member in rccefs — how warrant for writ (hall iffue, - - • - 257 — — petitioned againft or returned, on double return what notice Ihall be given, - 279 how to be certified to obtain Speakers warrant, , _ ., _ j^z of Speaker, refpefting the iiTuing the warrant, . „ , _ 259 Defence of member petitioned againft, abandoned— what notice thereof to be given^ .. - . 280 Demife of the crown, not to diffolve the pailiament, 69 ■ how parliament fhalJ meet and proceed, and of diffolution of lords juftices, - ji Determination of committee — mode of, - - 189 Dilcoverer of Bribery indemnified, - - 113 Difquallficat'.on. See Qual'fication. Di/Tolutibn — parliament not to be diffolved by the de- mife of the crown ; - - - 69 Dower — qualification by means cf, - - 22^6 Durham-^io fend members for the county and city, who ihall be electors, and how return fiiall be made, 29 Eleftions INDEX. E. PACEt Elcftions forcountic? — what claufe fiiall be in writs, i • what time of day it Ihall be, 1 7 — — when and where to be held, 51 borough and city, as to precept, return, and penalty, . . . . i - cities and towns, counties of themfelves. proceedings in, - - - " '57 — — Scot/anii within what time to be after re- reipt of the writ. See Appendix See Precept, Poll, Return, Sec, controverted ; fee further Appendix. Eledors for counties — rcfidence not nccefTary, - 2o5 ■' " no pi-rfon under 21 years of age Ihall be ad- mitted to voce, - - "55 See qualification. Ev;d;nce at the poll, and before thchoufe; fee Appendix, vii — falfe ; fee Appendix, . - - xxi Excife officers (hall not interfere in ekiflions and penalty, 41 • difqualified, - - ' S9 no perfons belonging to, (hall intermeddle in eleitions, - - - - 81 Exchange of lifts; fee Appendix, - - xxi Excufed from ballot — who (lull be, - - 181 F. Falfe evidence and difobedlence of the authority of the committee, - ... 2S9 Fee to clerk of the crown for filing return, - 57 — - for adminiftering oath to candidate, certificate, and filing, - - - - 79 — forinfpeftion and copies of land tax affeffmcnts, 142, 2:7 -^-- the like for cities and towns, counties of themfclves, 15; — — forinfpcdion and copy of minutes of adroidlon of freemen, - - - - 167 -»— for entering certificate and memorial of rent charge, fearching, and copies, - • • ^7J 6 • 3 free* I N D E X.- PAGE. Freeholders to be Avorn, and oath, - - 9> 5^' ^7 Freemen — ad to regulate the qualification of, - i66 t , how to compel admiflion, and infpedion of ad- miflion, - « - - . 205 I. Interference at eledions: — perfons concerned in colledt- ing revenues not to interfere at elections, - 84 — , See further Appendix, iii Jurifdiftion of the houfe J fee Appendix, - - th. h. Land tax affefTments — where to be kept, - - 142 fees for infpe:lion and copies. Of, ■ for cities and towns counties of themfelves, where to be kept, infpedion and copies, 155 ■ qualification in refped of, 217, 303 how to be made, - - 218 appeal againll and how to be amended, - - - 220, 225 — .— — penalty on afleflbr for negled to deliver duplicate of - - - - 221 ■ fipe on conftable and afTeffor in default of delivering duplicates and remedy, - it. how far duplicates are evidence, 228 Laft determination of the houfe — votes according to, ^re legal, " - - - - III London — ad to regulate eledions for, - - gS M. Mandamus by freemen, to compel admiflion, - 205 Minor not admitted to vote, - - "55 return of, void, - - - - ib, I ' penalty on him for fitting in parliament, 55 Monmouth INDEX. Mmmiuih to t'lOiTl mcmberx, - - 21 Mortgage — qualiticatian by mcr.ns cf, - 54, 77 x\. Nominees— as to ti»e naming them :'.nd how exc'jfed; 192, 19S Norivich — aft tp regulate elections at, - - 11; Notice of petition to be given by the SjfieaKer, w - - - III of eledtors in cities and towns, counties of tlicm felves — by whom to be adminiilered, and confequence of perjury, - - - 150 to hi taken by members, - - 163 before committee, by whom to be adminirtercd, 190 of eledtors for Sl:o>e'am, and perjury, - 20 Cricklade voters and perjury 243 in what ciie may be adminirtercd on fcrutiny, 268 to pi/11 cIltIcs 2nd pcrjjry, - - 269 Oaths — returning officer may appoint pcrfons :o ad- miniiter the oaths (or affirmation, at eledions, aad give certificates - - - - 3'* places to be provided for taking the oaths - 317 cxpences of providing places for admiiulle.ing the oathshow to be defra\ed - - - 3-^ 6*4 Occafional INDEX. PAGE, Occafional freemen— -aft concerning, - - 166 Occafionalty — adl to prevent, _ _ - 275 Order of the day — in what cafes the Houfe may proceed previous to the order of the day for taking eleftion petitions into confideration, - - 308 in what refpeft the Houfe may proceed to bufinefs notwithftanding there may not be fuffici- ent members for a ballot, - - 323* 324 P. Papifts difabled from fitting in parliament, or voting for members, and other difabilities, - - 32 . penalty for offence againft the aft difabling them, 35 Parliament, triennial, - ^ - ^i feptennial, - - - 96 Peers, Speaker's warrant may iffueon member becoming, 212 — — member becoming peer in recefs, how warrant ibr writ (liall iffue, - - ' ^S7 what notice (hall be given in cafe a member re- turned on doubk return becoming a peer, - 280 Penalty on fheiifF, for undue return, - 4, p, 16 ^ levying more wages than afiefled, 12 negledt of duty, . - 54 on returning officer for falfe return, - ly " negleft of duty, - r8 ^ not ceriifying candi- dates oath, - - - - 'ig ■ obftruding the eleftion of his fucceffor, - - . . gj refufing oath to electors, 1 10 - admitting perfons to poll without taking the oath when demanded, - :'B, ■ difobedience under the ad againft bribery, - - - ifa Co'ventryy for ad nutting perfons to poll without being fworn, - - 237 on bailiff for not returning precept, - 17 Penalty INDEX. PAce. Penalty on officer for taking more than his fee for candi- dates oath and certificate, - - * 79 •=- on prefiiing ofiicer for Lo>iJi.n, for rcfuungoaih to livery men, - - - loz for offences againli the a£l to regulate elections for London, - - - - - 106 on officer wi:hoIding books of admiffion of free- men and remedy, - - _ 168 for offences againft the ad difabUng pnpldf, ^r for fecuring fjlfe or double return, - ^7 on cleik of the crown for neglefting to enter re- turn., - - - - - _ . 4^ for bribery and remedy, - - 11^ for negleft under the ad refpedling regiflering annuities and rent charges, '- - - lyj for refufing infpeclion and copies of adniiffion of freemen, - - - . . 206 on afTcfTor of land tax aflsfTmcnts for negled to deliver duplicate, - - . 221 on clerk of the peace, on refufing infpeftion of duplicates, - - - _ 229 on town clerk oi Coventry for making fraudulent entries of admiffion Of freemen, - - 258 on perfons voting under or making colourable conveyances to create votes, - . g^ for county members not qualified, i^j for cities and to\vn% counties of thenifclves, not being qualified, - - 131, 156 on copyholders voting, and remedy, - 161 - on freemen voting contrary to ad, - 167 - - ■ - on peiions antedating the admiffion of freemen, ib. voting being dilabled under 22 G. 3. C.41. - - - - 248 on minors fitting in parliament, - . 55 on incapacitated perfons prcfuming to fit, 74 - on perlons fitting in parliament holding penfions, 98 on other difablcd perlons fitting in parliament, 136 on perlons fitting difqualified by means of con- trad, . - - - - 2,-3 Penalty INDEX. . FACE, Penalty on' cbntraflbrs admitting members to (hare of contrad, . - . , - 253 ^— — on excife officers interfering in eleflions, 41, 81 . ■ on officers of cuftoms, - - 66 . on perfons belonging to the pofl: office, - 80 _ on perfons concerned in coikfling certain re- venues, ----- 84. — on fherifFs, deputes, &c. in Scotland for negle ft , of duty in executing the writ. See Appendix, - xcviii on hi»h fiierifFs there, for interfering in the exe- cution of writs. See Appendix, - - xcix Penfions — perfons enjoying, incapable of being elefted, 97 Perjury. See Oath. Petition — time to be fixed for confidering, &c. 178 may be prefented in cafe of no return or of undue re- turn, and regulations concerning the fame, - 271 — who may petition, - - - 279 . not to be withdrawn, - - - 284 within what time petitioner muft appear after the time appointed for his petition, - - 287 regulation for the tiial of, where no party to oppofe appears, - . _ _ ;88 sgsin'l the right of eleftion, within what time to be prefe^it'-d, when to be hea:d and reported, 296 See Ballot, Committee, Sc.. time of prefenting renewed petitions on the right of eleflion, and taking the fame into confidtration, 322 proceedings on. See further Appendix. - xii Placemen incapabli of fitting in parliament, - 135 See Cuftoms, Excife, &c. Poll — by whom and how to be taken for counties, ~ 51 in what cafe it may and may not be adjourned for counties, - - - - - ib^ for county— copy to be delivered, - - 54 — how names of eieftors to be taken down, - - 89 — books at. county eledlions to be delivered to the clerk of the peace, - - - - 93 how to be taken for Tg,rhjh'ire 4nd Chejhire, - ib. 1 Poll— INDEX. PACK. Poll— how to be taken for London, and proccedir g^ therein, i co ad againfl bribery, to be read at - - 114 — . at eledion by freemen, ad of 3 G. 3. c. 1 ;. to be read - - - - 169 1 — and fcrutiny, commencement and continuance thereof, - - - 263, 265 — - clerk's oath and periurv, - - 269 Popery — declaration againil, to be made by members, 32 Poft-office — no pcrfon belonging to, (hall intermeddle in elcdions under penalty, - - 80 Precept to be dc]i>ered by the flierifF to the rcturnin? officer, - - - - 1 J ■ ■ ■ to be returned, by whom and how, - 17 ■ within what time to be dLlivercd to the return- ing officer, - - - ' S^ the like for the cinque ports, - - 58 Prevarication of witnefs — confequcnce of, - - 1:^1; Privilege, refpeding, - 60, 124. 192 — peers ar.d members fubjed to adions for breach of public trull, but not to arrcfl:, - 67 of members from arrell, and confequciicc of non-appearance to adion, - - - 194 Proclamation in counties, within what time to be made, 266 Prorogation of parliament not to difiblve election com- mittees, .... 2(jrj ^aiers affirmation, nnd confeqi^ence of falfe aHirmation, 91 Qualification of eledors for counties, 8, to, S7, 141, 217, 301 _ Wa/es and Monmouth, - 27 — • Durham ^ - 29 , — — « Univerfitico, - - 76 _ — Lcndon, - ' loj . — . cities and tcwns, counties of themfelves, - - - - ' 3^' ' 54 . — -— — — Shorihum, - -zoo Qualificaliou INDEX. rACE. Qualification of ele£lors for Cw^/i«^i?, - - 248 ■ by means of being heir apparent of a peer, &c. - - - - 76 — — '- ; a freeman, 167 by truft or mortgage, - 54, 77 — annyity cr rent charge, - 171 ecclefiailical, and extra-paro- chial property, dower, fcot and lot. 93 226 of candidates for counties, cities and boroughs. — Papills, — Minors, — Copyholders, — Fe.jured perfons, — Penfioners, .- Colledlors, Salf, — — Excife, — Cuftoms, > difqualified, -^ certain officers. Placemen, Colleftors, Revenue f Contractors, one perfcMi only for one tenement, of candidates to b^ fworn to, if required, - ^75 • 76 32 161 112 97 38,40 59 65 72 and oath. See further, Appendix, '35 246 250 55 77 ix R. Recognizance to appear, to be entered into by petitioner, how, and confequence of negleft, - - 281 time enlarged for John Macbride, Efq. and his fureties to enter into recognizance, - 305 Kegifter of memorial, of annuity or rent charge to qualify voters, - - - - 175 Report of committee of complaint to the houfc, - 187 Report INDEX. PACK. Report of committee may be received on days appointed for petitions, - - _ - . 287 *— ■ how to be made and its confc- quence, . . _ . 291, 292 m of right of eledion, in what cafe, 295 Return of writ, to be made by the fherifF, and of re- tarning officer's return, - - - 16 within what time to be made, 49, 57 amercement of Ihcriffs for omiflioni in, z — — falfe or undue, penalty on flierifF, 4, 9, 16, 94 knight and IheriiFs traverfe on inqucft, 7 of precept by mayor and bailiffs, how to be made, - - - - - 17 falfe, prohibited, - - -46 when contrary to lail determination, i6. — . double ; deemed falfe, - - _ ii>, . . falfe by returning officer — penalty and re- medy, - - - - 17, 46, 275 — falfe or double — penalty for procuring the fame, - - - - - 47 to be entered by the clerk of the crown, and his book to be evidence, _ _ . /^. ■ . clerk of the crown negleding to enter. penalty, - - - - - 48 ■ of difabled perfons is void, - - 74 ■—— — death of member, returned on double return. what notice (hall be given, ... 280 — — « when to be made in cafe of no fcrutiny, - 264 - regulations concerning, in cafe of fcrutiny, ... - - 265 — __— fccurity given to procure return void, - - - - -47 amended. See A, pendix, - xxii Returning officer to be annually elc«fled, - - 82 »- penalty on him for obilruiling the cledion of his fuccefTors, - - - ^i _ See ixcturn. Poll, Sec, n Refidence. INDEX. PAGE. Rcfidence. See Qnalification. Revenue officers. See Qaalif.catlon. penalty on difqualified perfons voting, - 24S Right of election, in what cafe a ftateinent to be delivered to the committee, ... zrjj. Right of election, petition againft the report of, when to be-heard and detenriined, ... 296 . tiffie of prefenting renewed petitions on the right of ciedion, and taking fame into confi- derition, - - - - 322 S. Salt duty — perfoiTs concerned in colIe(5ting, difqualified, 38, 40 Scotland — ads relating to elections for, Soe App. xxiil to c Scot and Lot — vyhat inhabitancy required, - - 275 Secretary at V/ar. See Soldiers. Scrutiny for London — proceedings on, - - 104 how returning officer fliall proceed in, 265 in what cafe r'eturning ofHcer may adminifter oath, - - - . - - 268 Septennial parliament — adt, - - - 96 Bhaftcjhury, Speakers warrant not to iflue for a certain time, - - - _ * 2I3 Sheriff. See Return, Poll, &c. ■ penalty on high ftierifF for interfering in the execution of writs for ofo//rt«d?. See Appendix, - xclx Shoreham — acT; to prevent bribery at eleftions for - 200 .1 qualification of voters for - - iB. how precept for, fball be indorfed, and eledlion had, - - • - - - 202 Soldiers — of quartering them during eledtions, 119, 232, 246 Southampton — county court may be adjourned from lP'i7tche/}er to Netvp'.rt, - . ~ 56 . ad for fixing a place for holding certain ekftions for the county of, - - - 214 ~ — when and where the fame may be adjourned, 274 Sptaker. See Warrant. Splitt'ng I N D E X. rAGE. Splitting votes for counties — aft to prevcut, • 86 Subornation. See oath. SummoDS to parliament, . - . . i of committee, confequence of difobedience, . 189 Tampering with witneffes. See Appendix. - xxi Traverfe of haights and fiierifFs on inqueft for falfe return, - - - - - -y Treating after the teile of the writ, prohibited, and eleftion void, - - - - 43 Triennial parliament — a'6l for, - - 4.1 Trull— q'.ialification by means of, - - 54. U. Univerfities to elefl members, . . . nd Void — eleftions.void for treating, - - 45 fecuricy given to procure falfe returns, - 47 conveyance^ to multiply votes, - - 55 eleftion of minors, . - - ib. — — member accepting any office, his feat. becomes, 74 eleftion of perfons not qualiiled (hall be, - 76 ■ of candidates on refufing oath to be, 79 . fecurities given to defeat colourable conveyances, 8p return of placemen, - - -135 .. votes of copyholders, - - - i6t members afting contrary to the ad to regulate qualifications their eledlion, - - - 16; . freemen voting contrary to the aft, their votes, 167 . elections in fdVour of perfons difqualificd by means of contrail, - - - - 253 what notice fl^all be given in cafs the houfe reiolve the feat of a member petitioned againft to be, rSo W. W3g'«— how ?/reirc-l and forfeited, 4, 9, 1 1, i 2, 21, 25 ^a/^/, to eled members, - - - 2i Waits, INDEX. PAGE. Wales, as to the levying and paying of the \tiges of the members, - - - - - 25: — — and Monmouth, who are to be eledors for - 28 Warrani — in what cafe Speaker may iflue, for new writ, 191, 21?,, 257, 259 Winchejler Poll — when and where to the fame may be adjourn-.d, _ - _ . . 274 Witnefs, prevaricating, or not attending fummons — confequence of, _ - - - 189 ■■ — guilty of difobedience and falfe evidence, 289 Writs for county eledions — ^what claufe fnall be in- ferted in, ----- 3 ■ to iffue with expedition, - - - 49 — — within what time to be returned, - - ib, — to be delivered to the proper officer, - - ih* in what cafe Speaker to iffue his warrant, 191, 212, 257, 259 by ijchom to be executed in Scoiland. See Ap* pendix, - - - - xcvii, xcviii for Orkney and Zetland, where to be publilhed. See Appendix, - - - c Writ— Sec further. Appendix, - - - ii, xcvii Y. Torky county court — when to be held, - --56 Yorkjhire poll — how to be taken, » • - 90 ERRATA. Page read inftf ad of 15 (in margjnj & H. 6. c. 7. 6 H. 6. c. 7. loS line 9 received any alms received an alms \2Z 14 which notice which writ lay 23 Jhall not be barred fhall not be bound 206 4 that the fame that the forae 35s 13 thntnoperfoa that pcrfon 301 (tiiU ofa£i) cap. 35. c?p. *. ^■^^^ ,/^sffci*' ^,, ,,..-„. CALIFO V i ' i)*^ (' V4 .7( " ,^^\ d '^< J