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hy descent,

session.

Members

tracts may be

tees for new inventions.

sitting and voting in parliament until one year after the said notice shall be actually given for the determination of the said contract, agreement, or commission, or till after twelve kalendar months, to be computed from the time of passing this act.

6. PROVIDED also, and be it enacted, That nothing Not to extend to contracts, herein contained shall extend, or be construed to extend, &c. until after

to any person, on whom, after the passing of this act, the 12 months pos- completion of any contract, agreement, or commission,

shall devolve by descent or limitation, or by marriage, or a3 devisee, legatee, executor, or administrator, until twelve kalendar months after he shall have been in possession of the same.

7. PROVIDED ealso, and be it enacted, Tbat any perholding con son who is now a member of the house of commons, and discharged

holds and enjoys any such contract, agreement, or comtherefrom on mission, as aforesaid, may be discharged from the exeinonths notice. cution thereof on giving twelve months notice to the per

son or persons with or from whom such contract, agreement, or commission, is made, entered into, or accepted, of his desire that the same shall cease and determine; and such contract, agreement, or commission, after the expira

tion of the term aforesaid, shall be pull and void. Clause rela.

8. PROVIDED also, That if any person actually possestive to paten- sed of a patent for a new invention, or a prolongation

thereof by act of parliament, and having contracted with government concerning the object of the said patent before the passing of this act, shall give notice of his intention to dissolve the said contract, the same shall be pull and void from the time of giving such notice.

9. And be it further enacted] by the authority aforeIf any person said, That if any person hereby disabled, or declared to be hereby dis

incapable to sit or vote in parliament, shall nevertheless qualified,shall

be returned as a member to serve for any county, stewsuch election artry, city, borough, town, cinque port, or place, in parlia. shall be void.

ment, such election and return are hereby enacted and deDisabled clared to be void; and if any person, disabled and declared sons who shall incapable by this act to be elected, shall, after the end of house of com- this present session of parliament, presume to sit or vote as inons after this member of the house of commons, such person so sitting session, shall forfeit 5001. or voting shall forfeit the sum of five hundred pounds for for each day, every day in which he shall sit or vote in the said house, to any person or persons who shall sue for the same, in

any of his majesty's courts at Westminster; and the money so forfeited shall be recovered by the person or persons so suing, with full costs of suit, in any of the said courts, by any action of debt, bill, plaint, or information, in which no essoin, privilege, protection, or wager of law, or more than one imparlance shall be allowed; or by summary complaint before the court of session in Scotland ; and every person, against whom any such penalty or forfeiture shall be recovered by virtue of this act, shall be from thenceforth inca. pable of taking or holding any contract, agreement, or commission, for the public service, or any share thereof, or any benefit or emolument from the same, in any manner whatsoever.

be elected,

per

contracts.

10. And be it enacted, That in every such contract, A condition to agreement, or commission, to be made, entered into, or all public con. accepted, as aforesaid, there shall be inserted an express tracts, that no condition, that no member of the house of commons be house of coni. admitted to any share or part of such contract, agreement, mons shall or commission, or to any benefit to arise therefrom; and thereof. that in case any person or persons who hath or have en- Penalty on tered into or accepted, or who shall enter into or accept, contractors any such contract, agreement, or commission, sball admit mit any memany member or members of the house of commons to any ber of the part or share thereof, or to receive any benefit thereby, mons to any all and every such person and persons shall, for every such share of their offence, forfeit and pay the sum of five hundred pounds, to be recovered, with full costs of suit, in any of his majesty's courts of record at Westminster, by any person or persons who shall sue for the same, by any action of debt, bill, plaint, or information, in which no essoin, privilege, protection, or wager of law, or more than one imparlance, shall be allowed; or by summary complaint before the court of session in Scotland.

11. PROVIDED also, and be it enacted, That no person Limitation of shall be liable to any forfeiture or penalty inflicted by this actions. act, unless a prosecution shall be commenced within twelve kalendar months after such penalty or forfeiture shall be incurred.

ANNO 2401 GEORGII III. CAP. 26.

.

An Act to repeal so much of two Acts, made in the 10th and

15th Years of the Reign of his present Majesty, as authorizes the Speaker of the House of Commons to issue his Warrunt to the Clerk of the Crown for making out Writs for the Election of Members to serve in Parliament, in the manner therein mentioned ; and for substituting other Provisions for the like Purposes.

A. D. 1784. Whereas by an Act, made in the 10th year of the reign 10 - Geo. 3, €, of his present majesty, intituled, “ An act to enable the speaker of the house of commons to issue his warrants to make out new writs for the choice of members to serve in parliament, in the room of such members as shall die during the recess of parliament;" and also by another act passed in the 15th year of the reign of his present majesty, “ for and 15 Geo!3, explaining and amending the said act, and for enabling the C 36. speaker of the house of commons to make out new writs for the choice of members to serve in parliament, in the room of such members as shall, during the recess of parliament, become peers of Great Britain, and be summoned to parliament,” and for other the purposes therein mentioned; several provisions were made for enabling the speaker of the house of commons to issue his warrants to the clerk of the crown to make out new writs for electing members of the house of commons in the room of such members as should happen to die, or become peers of Great Britain, at the times, in the manner, and under the

restrictions in the said several acts mentioned; and whereas the said acts have been found highly advantageous to the public, by causing speedy elections of members of the house of commons, and it is therefore expedient, that the provisions therein contained should be further extended, and freed from certain of the restrictions in the said acts particularly specified, and also that some further provisions should be made for carrying the said powers into execution, in the cases of the death of the speaker of the house of commons for the time being, or of his seat in parliament becoming vacant, or of his absence out of the realm ; and it would be also convenient that the provisions contained in the said two several acts of parliament, and of this act, should be reduced into one act of parliament, and that, for that purpose, those provisions

contained in the said two several acts should be repealed : The recited Be it therefore enacted, &c. That, from and after the repealed, and passing of this act, the said act, passed in the 10th year part of 15 G. of the reign of his present majesty, and also so much of 3, c. 36.

the said act, passed in the 15th year of the reign of his present majesty, as enables the speaker of the house of commons to issue his warrants to make out new writs for the election of members to serve in parliament, shall be, and the same are hereby repealed.

2. And be it enacted, That, from and after the passing of this act, it shall and may be lawful for the speaker of the house of commons for the time being, during any

recess of the said house, whether by prorogation or adSpeaker to is- journment, and he is hereby required to issue his warrant rant, during to the clerk of the crown, to make out a new writ for electa recess, for ing a member of the house of commons in the room of any writa för elect. member of the said house who shall happen to die, or who ing members shall become a peer of Great Britain, either during the in the room of those who said recess, or previous thereto, as soon as he shall receive

potice, by a certificate, under the hands of two members of peers of Great Bric the house of commons, of the death of such member, in

the first case ; and in the second case, that a writ of summons hath been issued, under the great seal of Great Bri. tain, to summon such peer to parliament; which certificate may be in the form, or to the effect, comprised in the sche

dule hereunto annexed. Certificates of 3. PROVIDED always, and be it enacted, That the vacancies to speaker of the house of commons shall forthwith, after his the Gazette.“ receiving such certificate, cause notice thereof to be in

sue his war

shall die or

tain.

serted in the London Gazette, and shall not issue his warrant until fourteen days after the insertion of such notice

in the Gazette. Certain re

4. Provided also, That nothing herein contained strictions on shall extend to enable the speaker of the house of comrelative to is. mons to issue his warrant for the purposes aforesaid, unless suing his war. the return of the writ (by virtue of which such member de.

ceased, or become a peer of Great Britain, was elected) shall have been brought into the office of the clerk of the crown, fifteen days at the least before the end of the last sitting of the house of commons immediately preceding the

rant.

time wben such application shall be made to the speaker of the house of commons to issue such warrant as aforesaid, nor unless such application shall be made so long before the then next meeting of the house of commons for the dispatch of business, as that the writ for the election may be issued before the day of such next meeting of the house of commons; nor in case such application shall be made with respect to any seat in the house of commons which shall have been vacated in either of the methods beforementioned, by any member of that house against whose election or return to serve in parliament a petition was depending, at the time of the then last prorogation of parliament, or adjournment of the house of commons.

5. AND whereas the due execution of this act may Speaker to aube prevented or impeded by the death of the speaker of the thorize a cerhouse of commons for the time being, or by his seat in par- of members of liament becoming vacant, or by his absence out of the the house of realm, for which inconveniencies it is expedient to provide execute the a remedy; Be it therefore enacted by the authority afore- powers given said, That it shall and may be lawful for the present act. speaker of the house of commons, and he is hereby required, within a convenient time after the passing of this act, and for every future speaker of the house of commons, and he is hereby required within a convenient time after be shall be in that office, at the beginning of any parlia. ment, by any instrument in writing under his hand and seal, to nominate and appoint a certain number of persons, not more than seven, nor less than three, members of the house of commons at the time being, thereby authorizing them, or any of them, to execute all and singular the powers given to the speaker of the house of commons for the time being, for issuing such warrants as aforesaid, by virtue of this act, subject nevertheless to such regulations and exceptions as are herein also contained; which instrument of appointment and authority shall, notwithstanding the death of the speaker of the house of commons making and executing the same, or the vacating his seat in parliament, continue and remain in full force until the dissolution of the parliament in which it shall be made. 6. Provided always, and be it enacted, That when

When such ever and as often as the said number of persons, so to be number shall appointed as aforesaid, shall, by death, or by their seats be reduced to in parliament being vacated, happen to be reduced to less a new appoint than three, it shall and may be lawful for the speaker of ment to be the house of commons for the time being to make a new appointment in the manner herein-before directed. 7. Provided also, That every such appointment shall

Appointments be entered in the journals of the house of commons, to be entered and be also published once in the London Gazette; and in the journals the instrument of such appointment shall be preserved by and published the clerk of the house of commons, and a duplicate thereof in the Gazette. shall be filed in the office of the clerk of the crown in chancery.

8. PROVIDED also, That nothing in this act contained shall extend, or be construed to extend, to give any power

,

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or authority whatsoever to any person so to be nominated

and appointed as aforesaid, except in the case of there In what cases being no speaker of the house of commons, or of his being only such per. absent out of the realm, nor for any longer time than such powered to person, so to be appointed as aforesaid, shall continue a

member of the house of commons; any thing herein con

tained to the contrary notwithstanding. Publisher of

9. And be it enacted, That the publisher of the Gagive receipts zette for fthe time being, when any such notice as aforefor notices. said of the issuing of any such warrant shall be brought

to him, signed by any person so appointed as aforesaid, sball give a receipt for the same, specifying the day and hour when the same was received; and in case more than one such notice shall be brought to him, relative to the same election, such publisher shall insert in the Gazette only the notice first received.

the Gazette to

SCHEDULE.

[or is

WE whose names are underwritten, being two members of the house of commons, do hereby certify, That M. P. late a member of the said' house, serving as one of the knights of the shire for the county of

(or as the case may be] died upon the

day of become a peer of Great Britain), and that a writ of summons hath been issued, under the great seal of Great Britain, to summon him to parliament (or as the case may be]; and we give you this notice, to the intent that you may issue your warrant to the clerk of the crown, to make out a new writ for the election of a knight to serve in parliament for the said county of

(or as the case may be] in the room of the said M. P. Given under our hands, tbis

day of To the Speaker of the House of Commons. Note, That in case there shall be no speaker of the house

of commons, or of his absence out of the realm, such certificate may be addressed to any one of the persons appointed according to the directions of this act.

ANNO 250 GEORGII III. CAP. 84.

An Act to limit the Duration of Polls and Scrutinies, and for making other Regulations touching the Election of Members to serve in Parliament for Places within England and Wales, and for Berwick upon Tweed ; and also for removing Difficulties which may arise for want of Returns being made of Members to serve in Parliament.

A. D. 1785. For the better regulation of polls and scrutinies, Be it From Ang. 1, enacted, &c. That, from and after the first day of August 1785, every 1785, EVERY POLL WHICH SHALL BE DEMANDED at any elecpence, at the tion for a member or members to serve in parliament for

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