any election for the said borough, shall, if required by the candidates, or any of them, or any other person having a right to vote at the said election, first take the oath, (or being one of the people called Quakers, the solemn affirmation) following, viz. "You shall swear, or being a Quaker solemnly affirm, that you are [a freeholder in the rape of Bramber, in the county of Sussex, and have a freehold estate consisting of (specifying the nature thereof, and if it consists in messuages,: lands, or tithes, in whose occupation the same are; and if in rent, the names of the owners or possessors of the tenements, out of which such rent is issuing, or some of them) lying or being at within the rape of Bramber, in the county of Sussex, of the clear yearly value of forty shillings, over and above all rents and charges payable out of or in respect of the same; and that you have been in the actual possession or receipt of the rents and profits thereof, for your own use, above twelve calendar months; (or that the same came to you within the time aforesaid by descent, marriage, marriage settlement, devise, or promotion to a benefice in a church, or by promotion to an office) and that such freehold estate has not been granted or made to you fraudulently, on purpose to qualify you to give your vote; and that the place of your abode is at in and that you are twenty-one years of age as you believe; and that you have not been polled before at this election." Which oath or solemn affirmation, the constable, or other proper officer to whom the return of any writ or precept for such election shall belong, is hereby required to administer, and in case any freeholder or other person, taking the said oath or affirmation hereby appointed, shall thereby commit wilful perjury, and be thereof conOf perjury, the victed; or if any person shall unlawfully and corruptly penalties., procure or suborn any freeholder or other person to take the said oath or affirmation, in order to be polled, whereby he shall commit such wilful perjury, and shall be thereof convicted, he and they, for every such offence respectively, shall incur such penalties as are inflicted on persons guilty of perjury or subornation of perjury, in and by two acts of Act 5 Eliz. and parliament, one made in the 5th year of the reign of Queen Elizabeth, (intituled, An act for punishing such persons as shall procure or commit wilful perjury, or suborn or procure any person to commit any wilful or corrupt perjury); and the other made in the 2d year of his late majesty's reign, (intituled, An act for the more effectual preventing and further punishment of forgery, perjury, and subornation of perjury, and to make it felony to steal bonds, notes, or other securities for payment of money,) contrary to the said acts. Act 2 G. 2. Constable to 5. AND be it further enacted by the authority aforesaid, back a precept the day of the that such constable, or other proper officer to whom any receipt there writ or precept shall be directed for making any election for the said borough, shall, upon the reception of such writ or precept, indorse upon the back thereof the day of of. his receipt thereof, in the presence of the party from whom he received such precept; and shall forthwith cause public notice to be given within the said borough of New Shoreham, and at the towns of Bramber and Steyning, in the said county of Sussex, by fixing up a notice thereof in writing on the market houses or on the doors of the churches of the said towns, of the day of election; and shall proceed to election thereupon within the space of twelve days, and not less than eight days, next after his receipt of the same precept. 6. AND be it further enacted, by the authority aforesaid, That this act shall be publicly read at every election for the The act to be read publicly. said borough of New Shoreham, immediately after the acts directed by any act of parliament to be read thereat, and before the persons present shall proceed to make such election. ANNO 120 GEORGII III. CAP. 21. An Act for giving Relief in Proceedings upon Writs of Mandamus for the Admission of Freemen into Corporations; and for other Purposes therein mentioned. A. D. 1772. person en WHEREAS divers persons, who have a right to be admitted citizens, burgesses, or freemen, of divers cities, towns corporate, boroughs, cinque ports, and places, within that part of Great Britain called England and Wales, being refused to be admitted thereto, have, in many cases, no other ordinary remedy to procure themselves to be admitted to the franchises of being citizens, burgesses, or freemen, than by writs of mandamus, the proceedings on which are very dilatory and expensive; and, although any such writ of mandamus is obeyed, the person applying is nevertheless put to great and unnecessary trouble, delay, and expence; and whereas by the laws now in being, in many cases, no provision is made for giving costs to the party suing out any such writ where the same is obeyed: for remedy whereof, be it enacted, &c. That from and after After August the first day of August, 1772, where any person shall be en- 1, 1772, any titled to be admitted a citizen, burgess, or freeman, of any titled to be such city, town corporate, borough, cinque port, or place, admitted a and shall apply to the mayor, or other person, officer or of any city, officers, in such city, town corporate, borough, cinque port, to the mayor, or place, who hath or have authority to admit citizens, bur- &c. for that gesses and freemen therein, to be admitted a citizen, bur- purpose, giv ing him nogess or freeman thereof; and shall give notice, specifying tice, specifythe nature of his claim, to such mayor, or other officer or ing the nature officers, that if he or they shall not so admit such person &c. If such a citizen, burgess, or freeman, within one month from the mayor, &e, time of such notice, the court of king's bench will be ap- admit such plied to for a writ of mandamus, to compel such admission; person, and a and if such mayor, or other officer or officers, shall, after shall issue for such notice, refuse or neglect to admit such person, and a admission, the compelling his writ of mandamus shall afterwards issue to compel such mayor to pay mayor, or other officer or officers, to make such admission, citizen, &c. and applying of his claim, shall refuse to mandamus all costs. admitted to to take copies thereof. Mayor, bailiff, and, in obedience to such writ, such persons shall be admitted by the said mayor, or other officer or officers, a citizen, burgess, or freeman of such city, town corporate, borough, cinque port, or place, then such person shall (unless the court shall see just cause to the contrary) obtain and receive from the said mayor, or other officer or officers so neglecting or refusing as aforesaid, all the costs to which he shall have been put in applying for, obtaining, and serving such writ of mandamus, and enforcing the same, by a rule to be made by the court out of which such writ shall issue, for the payment thereof, together with the costs of applying for, obtaining, serving, and enforcing the said rule; and if the rule so to be made shall not be obeyed, then the same shall be enforced in such manner as other rules made by the said court are or may be enforced by law. 2. AND, in order that it may be known what persons Freemen to be are, from time to time, admitted freemen or burgesses of any city, corporation, borough, or cinque port, be it further eninspect the entries of admis- acted by the authority aforesaid, That the mayor, bailiff, town sion, &c. and clerk, or other officer of any city, corporation, borough, or cinque port, having the custody of, or power over, the records of the same, shall, upon the demand of any two freemen or burgesses, permit any such freemen or burgesses, and their agent or agents, at any time whatsoever, between the hours of nine in the morning and three in the afternoon, to inspect the entries of admission of freemen, burgesses, or other inferior [corporations], and to take copies or extracts therefrom, paying for every such inspection two shillings and sixpence; and for every such copy or extract, not exceeding seventy-two words, the sum of four-pence; and so in -proportion for all such copies or extracts: and if any mayor, bailiff, town clerk, or other officer, shall refuse or deny the or to give co- inspection of any such entries, or to give copies or extracts shall, for every thereof, as before directed; he or they shall, for every such refusal, forfeit denial or refusal, forfeit and pay the sum of one hundred covered by ac pounds to any person who shall sue for the same: to be retion of debt, covered, with full costs of suit, by action of debt, in any of menced with his majesty's courts of record at Westminster; in which in one year action it shall be sufficient for the plaintiff to allege in his declaration, that the defendant or the defendants is or are indebted to the said plaintiff in the sum of one hundred pounds for money had and received to his use; provided that such action shall be commenced within the space of one year after the cause of it shall have arisen, and not afterwards. &c. denying inspection of such entries, pies thereof, 100l. to be re to be com after the cause shall have arisen, Act 10 G. 3. and ANNO 140 GEORGII III. CAP 15. An Act for making perpetual two Acts, passed in the 10th WHEREAS an act passed in the 10th year of the reign of his present majesty, intituled, 'An act to regulate the trials of controverted elections, or returns of members to serve in parliament,' which act was made to continue for a limited time only; and whereas another act, passed in the 11th year of the reign of his said majesty, intituled, An act to explain and amend an act, made in the last session of parliament, intituled, an act to regulate the trials of contro- Act 2. Geo. 3. verted elections, or returns of members to serve in parliament;' and whereas the provisions of the said recited acts are well adapted to procure to the commons of this realm a free and impartial trial of controverted elections of members to serve in parliament, and have been found, by experience, to be practicable and beneficial: may it therefore please your majesty that it may be enacted, and be it enacted, &c. That the said recited acts, passed in the 10th and 11th years of bis present majesty, shall be, and are hereby made, per- Made this petual. act. perpe ANNO 140 GEORGII III. CAP. 58. An Act for repealing an Act made in the First Year of the WHEREAS an act of parliament was made in the first year of the reign of king Henry the fifth, ordaining and establishing what sort of people shall be chosen, and who shall be the choosers of the knights and burgesses of the parliament; and also an act in the 8th year of the reign of king Henry the sixth, ordaining what sort of men shall be choosers, and who shall be chosen knights of the parliament: and also an act in the 10th year of the reign of his said majesty, requiring certain things in him who shall be a chooser of the knights of parliament; and also an act in the 23d year of the reign of his said majesty, directing who shall be knights for the parliament, the manner of their election, and the Acts so far as remedy where one is chosen and another returned: and they relate to whereas several provisions contained in the said acts have of members been found, by long usage, to be unnecessary, and are be- repealed. come obsolete; in order therefore to obviate all doubts that may arise upon the same, may it please your majesty that it may be enacted, and be it enacted, &c. That the said act, made in the first year of the reign of his majesty king Henry the fifth, and every part thereof; and so much of the said several acts, made in the 8th, the 10th, and the 23d years of the reign of his majesty king Henry the 6th, as relates to the residence of persons to be elected members to serve in parliament, or of the persons by whom they are to be chosen, shall be, and the same are hereby repealed. the residence U No person to County election in Eng vote at any land, or Wales, who has not been assessed to the land-tax for his qualifica tion, six months previous to the election. Cases to which this act shall not extend. ANNO 200 GEORGII III. CAP. 17. An Act to remove certain Difficulties relative to Voters at WHEREAS the several laws now in being for ascertaining the rights of persons claiming to vote in the elections of knights of the shire to serve in parliament, for that part of Great Britain, called England, are difficult to be carried into execution, and great delays and inconveniences have been occasioned by the numberless disputes which have arisen at county elections concerning such rights: for remedy whereof, be it enacted, &c. That, from and after the 1st day of January, 1781, no person shall vote for the electing of any knight or knights of the shire to serve in parliament, within that part of Great Britain called England, or the principality of Wales, in respect of any messuages, lands, or tenements, which have not, for six kalendar months next before such election, been charged or assessed towards some aid granted or to be granted to his majesty, his heirs or successors, by a land tax, in case any such aid be then granted and assessable, in the name of the person or persons who shall claim to vote at such election for or in respect of any such messuages, lands, or tenements, or in the name of his or their tenant or tenants, actually occupying the same as tenant or tenants of the owner or landlord thereof. 2. PROVIDED always, That this act, with respect to such rating and assessing as aforesaid, shall not extend, or be construed to extend, to annuities or fee-farms rents (duly registered) issuing out of any messuages, lands, or tenements rated or assessed as aforesaid: nor shall the same extend, or be construed to extend, to any person who became entitled to such messuages, lands, or tenements, for which he shall vote, or claim to vote as aforesaid, by descent, marriage, marriage settlement, devise, or promotion to any benefice in a church, or by promotion to an office, within If assessed to twelve kalendar months next before such election; but such the land-tax, in the name of person shall be entitled to vote at such election, if the mesa predecessor, suages, lands, or tenements, for which he shall vote, or claim years before to vote, as aforesaid, have been, within two years next before such election, rated or assessed to the land tax, in the name of the person or persons by or through whom such person voting, or claiming to vote, as aforesaid, shall derive his title to the messuages, lands, or tenements, for which he shall vote, or claim to vote, as aforesaid, or in the name of some predecessor, within two years next before such election, of such person claiming to vote in respect of any promotion to a benefice in a church, or promotion to an office, or in the name of the tenant or tenants of such person or Commission- persons, such tenant or tenants actually occupying such tax to deliver messuages, lands, or tenements. within two the election. ers of the land to assessors a 3. AND be it further enacted, That the commissioners of printed form the land tax for that part of Great Britain called England, of assessments to be made ac- or the principality of Wales, at their respective meetings cording there- held for appointing assessors of the land tax for several to. |