be sworn. Freeholder to be appointed for taking the poll; [and "every freeholder before he is admitted to poll at the same election, shall, if required,, by the candidates or any of them, first take the oath herein-after mentioned; which oath the said sheriff, by himself or his under sheriff, or such sworn clerks by him appointed for taking of the said poll as aforesaid, are hereby authorized to administer, viz.] (Another oath is appointed by 18 G. 2, c. 18.) 5. AND be it further enacted by the authority aforesaid, That the said sheriff, or in his absence his under sheriff, or such as he shall depute as aforesaid, shall at the same place of election proceed to the polling all the freeholders then Sheriff not to and there present, and shall not adjourn the county court adjourn the court, unless then and there held, to any other town or place within the the candidates same county, without the consent of the candidates, nor consent... Copy of the poll to be delivered if desired; paying for writing. shall, by any unnecessary adjournment in the same place of election, protract or delay the election; but shall duly and orderly proceed in the taking of the said poll, from day to day and time to time, without any further or other adjournment, without the consent of the candidates, until all the freeholders then and there present shall be polled, and no longer. 6. AND be it further enacted, That every sheriff, under sheriff, mayor, bailiff, and other officer to whom the execution of any writ or precept shall belong for the electing of members to serve in parliament, shall forthwith deliver to such person or persons as shall desire the same, a copy of the poll taken at such election, paying only a reasonable charge for writing the same, and every sheriff, under sheriff, mayor, bailiff, and other officer, to whom the execution of any writ or precept for electing of members to serve in parliament doth belong, for every wilful offence contrary to Penalty on this act, shall forfeit to every party so aggrieved, the sum sheriff, &c. of five hundred pounds to be recovered by him or them, his committing wilful offence. or their executors or administrators, together with full costs of suit, and for which he or they may sue by action of debt, bill, plaint, or information, in any of his majesty's courts at Westminster, wherein no essoin, protection, wager of law, privilege, or imparlance shall be admitted or allowed. 7. AND be it also enacted, That no person or persons shall be allowed to have any vote in election of members to serve in parliament, for or by reason of any trust, estate, or mortgage, unless such trustee or mortgagee be in actual possession or receipt of the rents and profits of the same estate; but that the mortgagor, or cestui que trust, in possession, shall and may vote for the same estate, notwithstanding such mortgage or trust; and that all conveyances of any messuages, lands, tenements, or hereditaments, in any county, city, borough, town corporate, port or place, in order to multiply voices, or to split and divide the interest in any houses or lands among several persons, to enable to qualify per- them to vote at elections of members to serve in parliament, are made abso- are hereby declared to be void and of none effect, and that no more than one single voice shall be admitted to one and for one house. the same house or tenement. None to vote by reason of trust, &c. unless in actual possession, but mortgager may vote. Conveyance in order to multiply voices void. By 10 Annæ, c. 23. s. 1. All conveyances sons for voting lute. But one voice twenty-one years to vote, members. 8. AND be it further enacted, That no person whatsoever, being under the age of one and twenty years, shall at any None under time hereafter be admitted to give his voice for election of any member or members, to serve in this present or any or to be elected future parliament; and that no person hereafter shall be capable of being elected a member to serve in this or any future parliament, who is not of the age of one and twenty years; and every election, or return of any person under that age is hereby declared to be null and void, and if any such minor hereafter chosen, shall presume to sit or vote in parliament, he shall incur such penalties and for- Penalty. feitures, as if he had presumed to sit and vote in parliament without being chosen or returned. 9. AND whereas the county court of the county of York is by custom called and held upon Mondays, which hath long been complained of to be a very inconvenient day to all the suitors thereunto, who at the elections of knights of the shire and all services at other times, are forced to travel upon Sundays to their attendance there, to their very great dissatisfaction and grievance.' Be it therefore enacted by the authority aforesaid, That held on Wed all county courts after the 25th March, 1696, held for the County courts county of York, or any other county courts which heretofore for York to be used to be held on a Monday, shall be called and begun nesday upon a Wednesday and not otherwise, any custom or usage to the contrary notwithstanding. 10. PROVIDED also, and be it enacted by the authority aforesaid, that the sheriff of the county of Southampton, or his deputy at the request of one or more of the candidates for election of a knight or knights for that county, shall adjourn the poll from Winchester, after every freeholder then Poll may be and there present is polled, to Newport in the Isle of Wight, adjourned for the ease of the inhabitants of the said island; any thing ter to Newport in this act contained to the contrary notwithstanding. ANNO 100 ET 110 GULIELMI III. CAP. 7. An Act for preventing irregular Proceedings of Sheriffs, and from 'inches in the Isle of Wight. FOR preventing abuses in the returns of writs of summons, for the calling and assembling of any parliament for the future, or writs for the choice of any new member to serve in parliament, and to the end such writs may, by the proper officer or his deputy, be duly returned and delivered to the clerk of the crown, to be by him filed according to the ancient and legal course; be it enacted, &c. That the sheriff, or other officer having the execution and return of any turnable. such writ which shall be issued for the future, shall, on or before the day that any future parliament shall be called to meet, and with all convenient expedition, not exceeding fourteen days after any election made by virtue of any new writ, either in person or by his deputy, make return of the Writ when re same to the clerk of the crown in the high court of chanSheriff on re- cery, to be by him filed; and the sheriff, or other person turn of writ to making such return, shall pay to the said clerk of the cient fees, &c. crown the ancient and lawful fees of four shillings, and no and charge the more, for every knight of a shire, and two shillings, and no pay the an same to the king. 7 and 8 W. 3. c. 25. more, for every citizen, burgess, or baron of the cinque ports, returned into the said court to be by him filed; and the said sheriff or officer shall by virtue of this act, charge the same to his majesty, his heirs or successors, and have allowance thereof in his account in the exchequer or elsewhere. 2. AND whereas by an act made in the 7th and 8th years of the reign of his present majesty, intituled, An act for the further regulating election of members to serve in parliament, and for the preventing irregular proceedings of sheriffs and other officers, in the electing and returning such members, it is provided and enacted, That the officer, on the receipt of any such writ, shall, within three days after such his receipt, by himself or proper agent, deliver or cause to be delivered, a precept or precepts to the proper officer of every borough, town corporate, port, or place within his jurisdiction, to whom the execution of such precept doth belong or appertain, which by experience hath been found Officer of the too short a time for the performance of the same, in the cinque ports cinque ports; be it therefore enacted, by the authority aforesaid, That from henceforth the proper officer of the cinque ports, shall be allowed six days from the receipt of such writ, for the delivery of the precept, according to the purport of the said act, any thing in the said act or any other law, statute, or usage, to the contrary in any wise notwithstanding. allowed six days from receipt of writ. Penalty on 3. AND it is further enacted by the authority aforesaid, That every sheriff or other officer, or officers aforesaid, who shall not make the returns according to the true intent and meaning of this act, shall forfeit for every such offence the sum of five hundred pounds, one moiety whereof shall be to sheriff, &c. not his majesty, and the other moiety to him or them that shall making resue for the same, to be recovered by action of debt, bill, plaint, or information, in any of his majesty's courts of record at Westminster, wherein no essoin, protection, privilege, or wager of law shall be allowed, nor any more than one imparlance. turn. No member of ANNO 110 & 120 GULIELMI III. CAP. 2. An Act for granting an Aid to his Majesty by Sale of the for- 150. AND be it enacted by the authority aforesaid, That no member of the house of commons in this present or any future parliament, during the time of his being a member of parliament, shall, from and after the said four or farmer of and twentieth day of June, 1700, be capable of being a commissioner a commission ler, or auditor commissioner or farmer of the duty of excise upon beer, ale the excise, or and other liquors, or of being a commissioner for determining er of appeals, appeals concerning the said duty, or controuling or auditing or comptrolthe account of the said duty, or of holding or enjoying in of the said his own name, or in the name of any other person in trust duty. for him, or for his use and benefit, or of executing by himself or his deputy any office, place, or employment, touching or concerning the farming, collecting, or managing the said duty of excise. 151. AND be it further enacted, That if any member of the house of commons, in this present, or any future parliament, during the time of his being a member of parliament, shall at any time after the said four and twentieth day of June, by himself or his deputy or any other in trust for him, or for his benefit, take, enjoy, or execute, any office, place or employment, touching or concerning the farming, managing, or collecting the said duty of excise, or determining appeals concerning the said duty, or controuling or auditing the accounts of the same, such person is hereby Such persons declared and enacted, to be absolutely incapable of sitting, sitting in the incapable of voting, or acting as a member in the house of commons in house of comsuch parliament. mons. sent member, 152. PROVIDED always, and be it hereby declared, That nothing herein before contained shall extend, or be construed to extend (during the continuance of this parliament) to the disabling any person, at present a member of But not to disthe house of commons, from being concerned in the ma- able any prenaging, farming, or collecting the said duties of excise, or till after 24th' in determining appeals concerning the same, or in controul- June. ing or auditing the accounts thereof, so as such person shall not after the said twenty-fourth day of June, 1700, sit, vote, or act in the said house; any thing herein-before contained to the contrary notwithstanding. ANNO 120 & 130 GULIELMI III. CAP. 3. An Act for preventing any Inconveniencies that may happen by Privilege of Parliament. A. D. 1700. 11 Geo. 2, FOR the preventing all delays the king or his subjects Amended by may receive in any of his courts of law or equity, and for c. 24. their ease in the recovery of their rights and titles to any lands, tenements, or hereditaments, and their debts or cther dues for which they have cause of suit or action: Be it enacted, &c., That from and after the four and twentieth day of June, 1701, any person and persons shall and may commence and prosecute any action or suit in any of his majesty's courts of record at Westminster, or high court of chancery, or court of exchequer, or the dutchy court of Lancaster, or in the court of admiralty, and in all causes matrimonial and testamentary in the court of arches, the prerogative courts of Canterbury and York, and the delegates, and all courts of appeal, against any peer of this realm, or lord of parliament, or against any of the knights, citizens, and burgesses of the house of commons for the time being, be corumenc Action may or against their or any of their menial or other servants, or ed against any other person entitled to the privilege of parliament, at ber of parlia- any time from and immediately after the dissolution or proment, &c. in rogation of any parliament, until a new parliament shall the interval of meet, or the same be re-assembled, and from and immeparliament, peer or mem &c. diately after any adjournment of both houses of parliament for above the space of fourteen days, until both houses shall meet or re-assemble; and that the said respective courts shall and may, after such dissolution, prorogation, or And after pro- adjournment as aforesaid, proceed to give judgment, and to make final orders, decrees, and sentences, and award execution thereupon; any privilege of parliament to the contrary notwithstanding. rogation, &c. court may give judg ment. Person may have process against peer, &c. after dis solution of parliament. 2. PROVIDED nevertheless, That this act shall not extend to subject the person of any of the knights, citizens, and burgesses of the house of commons, or any other person entitled to the privilege of parliament, to be arrested during the time of privilege. Nevertheless, if any person, or persons, having cause of action, or complaint against any peer of this realm, or lord of parliament, such person, or persons, after any dissolution, prorogation, or adjournment as aforesaid, or before any session of parliament, or meeting of both houses as aforesaid, shall and may have such process out of his majesty's courts of king's bench, common pleas, and exchequer, against such peer, or lord of parliament, as he or they might have had against him out of the time of privilege; and if any person or persons having cause of action against any of the said knights, citizens, or burgesses, or any other person entitled to privilege of parliament, after any dissolution, prorogation, or such adjournment as aforesaid, or before any sessions of parliament, or meeting of both houses as aforesaid, such person or persons shall and may prosecute such knight, citizen, or burgess, or other person entitled to the privilege of parliament, in his majesty's courts of king's bench, common pleas, or exchequer, by summons and distress infinite, or by original bill and summons, attachment and distress infinite thereupon to be issued out of any of the said courts of record, which the said respective courts are hereby impowered to issue against them, or any of them, until he or they shall enter a common appearance, or file common bail to the plaintiff's action, according to the course of each respective court, and any person or persons having cause of suit or complaint, may, in the times aforesaid, exhibit any bill or complaint And may ex- against any peer of this realm, or lord of parliament, or against any of the said knights, citizens, or burgesses, or other person entitled to the privilege of parliament, in the high court of chancery, court of exchequer, or dutchy court of Lancaster, and may proceed thereon by letter or subpoena as is usual, and upon leaving a copy of the bill with the defendant, or at his house or lodging, or last place of abode, may proceed thereon, and, for want of an appearance or answer, or for non-performance of any order or decree, or breach thereof, may sequester the real and personal estate of the party, as is used and practised' hibit bill against any peer or member, &c. |