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where the defendant is a peer of this realm, but shall not And sequester the party's esarrest or imprison the body of any of the said knights, citi- tate, but noti zens, and burgesses, or other privileged person, during the arrest his continuance of privilege of parliament.

body.

vented from

3. AND be it enacted by the authority aforesaid, That Plaintiff prewhere any plaintiff shall, by reason or occasion of privilege prosecuting of parliament, be stayed or prevented prosecuting any suit by privilege of parliament, by him commenced, such plaintiff shall not be barred by not to be any statute of limitation, or nonsuited, dismissed, or his barred by any suit discontinued, for want of prosecution of the suit by mitation, &c. him begun, but shall from time to time, upon the rising of the parliament, be at liberty to proceed to judgment and execution.

statute of li

&c.

4. AND it is hereby enacted, That no action, suit, pro- No action, &c. cess, order, judgment, decree, or proceeding in law or king's immeagainst the equity against the king's original and immediate debtor, diate debtor, for the recovery or obtaining any debt or duty originally and immediately due or payable unto his majesty, his heirs or successors, or against any accountant, or person answerable or liable to render any account unto his majesty, his heirs or successors, 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 such process, order, judgment, decree, or proceedings, shall be impeached, stayed, Shall be or delayed, by or under the colour or pretence of any pri- vilege of parstayed by privilege of parliament; yet so, nevertheless, that the person liament; but or persons of any such debtor, or accountant, or person ble to be aranswerable or liable to account, being a peer of this realm rested, &c. or lord of parliament, shall not be liable to be arrested or imprisoned by or upon any such suit, order, judgment, decree, process, or proceedings, or being a member of the house of commons, shall not, during the continuance of the privilege of parliament, be arrested or imprisoned, by or upon any such order, judgment, decree, process, or proceedings.

person not lia

5. PROVIDED nevertheless, That neither this act, nor any Proviso. thing therein contained, shall extend to give any jurisdiction, power, or authority, to any court, to hold plea in any real or mixed action in any other manner than such court might have done before the making this act.

ANNO 120 ET 130 GULIELMI III. CAP. 10.

An Act for granting an Aid to his Majesty, for defraying the
Expence of his Navy, Guards, and Garrisons for one year,
and for other necessary Occasions.
A. D. 1700.

After dissolution of this parliament, no member shall sioner, &c. of

be a commis

89. AND be it enacted by the authority aforesaid, That no member of the house of commons, from and after the dissolution of this present parliament, shall be capable of being a commissioner, or farmer of the customs, or of holding, or enjoying in his own name, or in the name of any other customs. son in trust for him, or for his use or benefit, or of executing by himself, or his deputy, any office, place, or employment, touching or concerning the farming, collecting, or managing the customs.

per

Member executing office in custom incapable of sitting.

No officer of

influence any election of

members.

90. And be it further enacted, That if any member of the house of commons, from and after the dissolution of this present parliament, shall, during the time of his being a member of parliament, 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 customs; such person is hereby declared and enacted to be absolutely incapable of sitting, voting, or acting as a member of the house of commons in such parliament.

91. AND be it further enacted, by the authority aforesaid, the customs to That from and after the 29th day of September, 1701, no commissioner, collector, comptroller, searcher, or other officer, or person whatsoever, concerned or employed in the charging, collecting, levying, or managing the customs, or any branch or part thereof, shall by word, message, or writing, or in any other manner whatsoever, endeavour to persuade any elector to give, or dissuade any elector from giving, his vote for the choice of any person to be a knight of the shire, citizen, burgess, or baron, of any county, city, borough, or cinque port, to serve in parliament; and every officer, or other person offending therein, shall forfeit the sum of 100l. one moiety thereof to the informer, the other moiety to the poor of the parish where such offence shall be committed, to be recovered by any person that shall sue for the same by action of debt, bill, plaint, or information, in any of his majesty s courts of record at Westminster, in which no essoin, protection, or wager of law, or more than one imparlance shall be allowed; and every person convict on any such suit of the said offence, shall thereby become disabled and incapable of ever bearing, or executing any office, or place concerning or relating to the customs, or any other office, or place of trust whatsoever under his majesty, his heirs, or successors.

Penalty.

12 & 13 W. 3, 6. 3.

ANNO 2o ET 30 ANNE REGINE, CAP. 18.

An Act for the further Explanation and Regulation of Privilege of Parliament in relation to Persons in public Offices. A. D. 1703.

'WHEREAS it is most just and reasonable that persons employed in offices and places of public trust, should at all times be accountable for any misdemeanors therein, and the public justice of the realm requireth a vigorous prosecution of such offenders:' to the end therefore that your majesty's good subjects may not lie under any doubts or discouragements whereby such prosecutions might be prevented Action may be or delayed, may it please your most excellent majesty that prosecuted it may be enacted, and be it enacted, That any action or ficer of the re- suit shall and may be commenced and prosecuted in any of venue or any her majesty's courts at Westminster, against any officer or person entrusted or employed in the revenue of her mademeanor, &c, jesty, her heirs or successors, or any part or branch thereof,

against any of

other place of

public trust for any mis

or any other office or place of public trust, for any forfeiture, misdemeanor, or breach of trust, of, in, or relating to such office or place of trust, or any penalty imposed by law to enforce the due execution thereof, and that no such action, suit, or any other process, proceeding, judgment, or execution thereupon, although such officer or person shall be a peer of this realm, or lord of parliament or one of the knights, citizens, or burgesses of the house of commons, or otherwise entitled to the pri- No such ac vilege of parliaments, shall be impeached, stayed, or de- tion to be stayed on pre layed, by or under colour, or pretence of any privilege of parliament.

tence of privilege of parlia. ment.

subject the

2. Provided nevertheless, and be it further enacted by the authority aforesaid, That nothing in this act shall Act not to extend to subject the person of such officer, being a peer person of peer of this realm, or lord of parliament, to be arrested or im- to imprisonprisoned, but that all process shall issue against such officer ment. or person, being a peer of this realm, or lord of parliament, as should have issued against him out of the time of privilege. Nor shall extend to subject the person of such officer, Nor member being a knight, citizen, or burgess of the house of com- of the house mons, to be arrested or imprisoned, during the time of of commons. privilege of parliament, and that against such officer or other person, being a knight, citizen, or burgess of the house of commons entitled to privilege, shall be issued summons, and distress infinite or original bill, summons, attachment, and distress infinite, which the said respective courts are hereby empowered to issue in such case, until the party shall appear upon such process according to the course of such respective court.

ANNO 60 ANNE REGINE, CAP. 7.

An Act for the Security of her Majesty's Person and Govern-
ment, and of the Succession to the Crown of Great Britain
in the Protestant Line.
A. D. 1707.

queen's death.

Sect. 4. AND be it further enacted by the authority aforesaid, That this present parliament, or any other parliament which shall bereafter be summoned and called by her Majesty Queen Ann, her heirs or successors, shall not be de- Parliament termined or dissolved by the death or demise of her said not to be dis Majesty, her heirs or successors; but such parliament shall solved by and is hereby enacted to continue, and is hereby empowered and required, if sitting at the time of such demise, immediately to proceed to act, notwithstanding such death or demise, for and during the term of six months, and no longer, But continue unless the same be sooner prorogued or dissolved by such for six months person to whom the crown of this realm of Greet Britain shall come, remain, and be, according to the acts for limiting and settling the succession, and for the union abovementioned; and if the said parliament shall be prorogued, then it shall meet and sit on and upon the day unto which it shall be prorogued, and continue for the residue of the said

after.

Ineet immediately after

death.

time of six months unless sooner prorogued or dissolved as aforesaid.

Sect. 5. AND be it further enacted by the authority aforeParliament to said, That if there be a parliament in being at the time of the death of her Majesty, her heirs or successors, but the same happens to be separated by adjournment or prorogation, such parliament shall, immediately after such demise, meet, convene, and sit, and shall act, notwithstanding such death or demise, for and during the time of six months, and no longer, unless the same shall be sooner prorogued or dissolved, as aforesaid.

ment then the

Sect. 6. And be it further enacted by the authority aforeIn case there said, That in case there is no parliament in being at the be no parlia- time of such demise that hath met and sat, then the last last preceding preceding parliament shall immediately convene, and sit at Westminster, and be a parliament, to continue as aforesaid, to all intents and purposes, as if the same parliament had never been dissolved, but subject to be prorogued and dissolved as aforesaid.

to meet.

to prorogue or

Sect. 7. PROVIDED always, and it is hereby declared, Not to abridge That nothing in this act contained shall extend, or be conqueen's power strued to extend, to alter or abridge the power of the queen, dissolve par- her heirs or successors, to prorogue or dissolve parliaments, liaments. nor to repeal or make void one act of parliament made in 6 W. and M. England in the 6th year of the reign of their said late mac. 2. to extend jesties, king William and Queen Mary, intituled, An act to the parliament of Great for the frequent meeting and calling of parliaments; but Britain. that the said act shall continue in force in every thing that

of lords jus

is not contrary to, or inconsistent with, the direction of this act, and the said act for the frequent meeting and calling of parliaments, is hereby declared and enacted to extend to the parliament of Great Britain, as fully and effectually, to all intents, constructions, and purposes, as if the same were herein and hereby particularly recited and enacted.

Sect. 16. AND be it further enacted by 'the authority Nomination aforesaid, That any nomination and appointment already tices by suc- made by the next successor, signified by such instruments cessor already deposited as aforesaid, pursuant to the said former act, for effectual as if the better security of her majesty's person and government, appointed by and of the succession to the crown of England in the pro

made to be as

this act.

Lords justices

without direc

tion.

testant line, shall be deemed and taken to be as effectual, for constituting and appointing the persons so nominated lords justices of England, to be lords justices of Great Britain, to all intents, constructions and purposes, as if such nomination and appointment were made pursuant to this act.

Sect. 17. AND be it further enacted, That the said lords not to dissolve justices, constituted as aforesaid, shall not dissolve the parliament parliament continued and ordered to assemble and sit as aforesaid, without express direction from such succeeding queen or king; and that the said lords justices shall be, and are, hereby restrained and disabled from giving the royal assent in parliament to any bill or bills for the repealing or and 14 Car. 2. altering the act made in England in the 13th and 14th years of the reign of King Charles the second, intituled,

Not alter 13

c. 4.

made in Scot

An act for the uniformity of public prayers and administration of sacraments, and other rites and ceremonies; and for establishing the form for making, ordaining, and consecrating bishops, priests, and deacons, in the church of England; or the act made in Scotland in the last session Or an act of parliament there, intituled, An act for securing the pro- land. testant religion and presbyterian church government; and all and every the said lords justices concurring in giving the royal assent to any bill or bills for repealing or altering the said acts, or either of them, shall be guilty of high treason, and suffer and forfeit as in cases of high treason.

called by

Sect. 23. AND be it further declared and enacted, That if, after the death of her majesty without issue, and before the arrival of any succeeding queen or king in Great Britain, any parliament shall be called by the lords justices, Parliament by writs tested in their names; by the arrival of such suc- lords justices ceeding queen or king in Great Britain, such parliament not to be dissolved by arrishall not be dissolved, but after such arrival shall proceed val of succes without any new summons.

sor..

members of

Sect. 25. AND be it further enacted by the authority aforesaid, That no person who shall have in his own name, or in the name of any person or persons in trust for him, or for his benefit, any new office or place of profit whatsoever under the crown, which at any time since the 25th day of October, in the year of our Lord 1705, have been cre- Persous in of ated or erected, orhereafter shall be created or erected, nor fice, &c, made incapable of any person who shall be a commissioner, or sub-commis- being elected sioner of prizes, secretary or receiver of the prizes, nor the house of any comptroller of the accounts of the army, nor any com- commons. missioner of transports, nor any commissioner of the sick and wounded, nor any agent for any regiment, nor any commissioner for any wine licences, nor any governor or deputy governor of any of the plantations, nor any commissioners of the navy employed in any of the out ports, nor By 1 Geo. 1. any person having any pension from the crown during stat.2.c. 56,no pleasure, shall be capable of being elected, or of sitting or years shall sit voting as a member of the house of commons in any parlia- in the house, ment which shall be hereafter summoned and holden.

pensioners for

&c. See 15 G. 2. c. 22

Sect. 26. PROVIDED always, That if any person being chosen a member of the house of commons, shall accept of any office of profit from the crown during such time as he Accepting office of profit shall continue a member, his election shall be, and is here- while a memby declared to be void, and a new writ shall issue for a new ber, election void, but may election, as if such person so accepting was naturally dead. be again electProvided nevertheless, That such person shall be capable ed.

of being again elected, as if his place had not become void as aforesaid.

No office to be

missioners.

Sect. 27. PROVIDED also, and be it enacted, That in order to prevent for the future too great a number of com- executed by missioners to be appointed or constituted for the executing too many comof any office, that no greater number of commissioners shall be made or constituted for the execution of any office, than have been employed in the execution of such respective office at some time before the first day of this present parliament.

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