Not to extend the navy or Sect. 28. PROVIDED also, That nothing herein contained to officers in shall extend or be construed to extend to any member of the house of commons, being an officer in her majesty's navy or army, who shall receive any new or other commission in the navy or army respectively. army. Persous disabled, if returned as members,such election and return void. Penalty on sitting.. Sect. 29. AND be it further enacted, That if any person hereby disabled or declared to be incapable to sit or vote in any parliament hereafter to be holden, shall nevertheless be returned as a member to serve for any county, stewartry, city, town, or cinque port, in any such parliament, such election and return are hereby enacted and declared to be void to all intents and purposes whatsoever; and if any person disabled, or declared incapable by this act to be elected, shall, after the dissolution or determination of this present parliament, presume to sit or vote as a member of the house of commons in any parliament to be hereafter summoned, such person so sitting or voting shall foreit the sum of 500l. to be recovered by such person as shall sue for the same in England, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law shall be allowed, and only one imparlance. Sect. 30. AND be it further enacted and declared, That every person disabled to be elected, or to sit or vote in the house of commons of any parliament of England, shall be disabled to be elected, or to sit or vote in the house of commons of any parliament of Great Britain. Sect. 31. AND be it further enacted by the authority aforesaid, That no person who now is a commissioner for disposing the sum of 398,085/. 10s. and all other sums arising to Scotland by way of equivalent, upon the agreements and to the purposes mentioned in the articles of union of the two kingdoms, shall, for or by reason of such commission, or any other commission for disposing the said equivalent sioner for the equivalent or any part thereof, or the execution of any such commisdisabled from sion, or any thing relating thereunto, be disabled from being being elected. elected a member of parliament, or sitting or voting as such in this or any future parliament. No commis Persons re affirmation, ANNE, CAP. 23. An Act to make further Provision for electing and summoning 13 AND be it further enacted by the authority aforesaid, fusing to take oath, or qua- That every person who shall refuse to take the oath last ker, to make herein before recited, or, being a quaker, shall refuse to &c. uncapable declare the effect thereof upon his solemn affirmation, as of voting for directed by an act of parliament made in the seventh year of members, &c. the reign of his late majesty King William, intituled An 7 & 8 W. 3. c. Act that the solemn Affirmation and Declaration of the People called Quakers, shall be accepted instead of an Oath in usual election of 31, Form, (which oath or declaration the sheriff president of the meeting, or chief officer taking the poll at any election of members to serve in the house of commons for any place in Great Britain, or commissioners for choosing burgesses for any place in Scotland, at the request of any candidate, or other person present] at such election, are hereby empowered and required to administer,) shall not be capable of giving any vote for the election of any such member to serve in the house of commons for any place in Great Britain, or commissioner to choose a burgess for any place in Scotland. ANNO 90 ANNE REGINE, CAP. 5. An Act for securing the Freedom of Parliaments by the farther qualifying the Members to sit in the House of ComA. D. 1710. mons. FOR the better preserving the constitution and freedom of parliament, be it enacted and declared, That from and after the determination of this present parliament, no person shall be capable to sit or vote, as a member of the house 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 shall not have an estate, freehold or copyhold, for his own Estates of life, or for some greater estate, either in law or equity, to members. and for his own use and benefit, of or in lands, tenements, or hereditaments, over and above what will satisfy and clear all incumbrances that may affect the same, lying or schedule of To deliver in being within that part of Great Britain called England, the qualification dominion of Wales, and town of Berwick upon Tweed, by 33 Geo. 2. of the respective annual value hereafter limited, viz. The c. 20. annual value of 600l. above reprizes for every knight of a shire, and the annual value of 300l. above reprizes, for every citizen, burgess, or baron of the cinque ports; and that if any person who shall be elected, or returned to serve in any parliament, as a knight of a shire or as as a citizen, burgess, or baron of the cinque ports, shall not, at the time of such election and return, be seized of or Not having entitled to such an estate, in lands, tenements or heredita- such estate, ments, as for such knight, or for such citizen, burgess, or baron respectively, is hereinbefore required or limited, such election and return shall be void. under this act, return void. eldest son of a 2. PROVIDED always, That nothing in this act con- This act not to tained, shall extend to make the eldest son, or heir appa- extend to the rent of any peer or lord of parliament, or of any person peer, or of a qualified by this act to serve as knight of a shire, un- person qualicapable of being elected and returned, and sitting and as knight of a voting as a member of the house of commons in any parliament. fied to serve shire. 3. PROVIDED always, That nothing in this act con- The universitained, shall extend or be construed to extend to either of ties may elect the universities, in that part of Great Britain called Eng- and return land, but that they, and each of them may elect and return formerly. members as None to be qualified by less the mortgagee have members to represent them in parliament as heretofore they have done; any thing herein contained to the contrary notwithstanding. 4. PROVIDED always, and be it enacted by the authovirtue of any rity aforesaid, that no person whatsoever, shall be conmortgage, un- strued to be qualified to sit in the house of commons, within the meaning of this act, by virtue of any mortgage whatsobeen in posses- ever, whereof the equity of redemption is in any other person or persons, unless the mortagee shall have been in possession of the mortgaged premises, for the space of seven years before the time of his election; any thing herein contained to the contrary notwithstanding. sion seven years before the election. date shall take oath. 5. PROVIDED always, and it is hereby enacted by the authority aforesaid, That every person (except as aforesaid) who, from and after the determination of this present parWhen candi- liament, shall appear as a candidate, or shall by himself or the following any others be proposed to be elected to serve as a member for the house of commons,for any county, city, borough, or cinque port in England, Wales, or Berwick upon Tweed, shall, and he is hereby enjoined and required, upon reasonable request to him to be made (at the time of such election, or before the day to be prefixed in the writ of summons for the meeting of the parliament) by any other person who shall stand candidate at such election, or by any two or more persons having right to vote at such election, take a corporal oath in the form or to the effect following: The Oath. If the candidate be for a city, &c. The oath to be administered &c. who shall, within three by the sheriff, months after the taking 'I A. B. do swear, that I truly and bona fide have such an estate in law or equity, to and for my own use and benefit, of or in lands, tenements, or hereditaments, (over and above what will satisfy and clear all incumbrances that may affect the same) of the annual value of 600l. above reprises, as doth qualify me to be elected and returned to serve as a member for the county of according to the tenor and true meaning of the act of par- 6. AND in case such candidate or person is to serve for any city, borough, or cinque port, then the said oath shall relate only to the said value of 300l. per annum, and be taken to the same effect, mutatis mutandis as is hereby prescribed for the oath of a person to serve as a member for such county as aforesaid. 7. AND it is hereby enacted, that the respective oaths aforesaid, shall and may be administered by the sheriff or under-sheriff for any such county as aforesaid, or by the mayor, bailiff, or other officer or officers, for any city, borough, or port, to whom it shall appertain to take the poll, thereof,certify or make the return, at such election for the same county, the Queen's borough, or port respectively, or by any two or more jusBench or tices of the peace within England, Wales, and Berwick upon Tweed; and the said sheriff, mayor, bailiff, or other the same into Chancery, or forfeit 1007. officers, and the said justices of the peace respectively, who shall administer the said oaths, are hereby required to certify the taking thereof into her majesty's high court of chancery, or the queen's bench, within three months after the taking the same, under the penalty of forfeiting the sum of One moiety to 100l. to wit, one moiety thereof to the queen, and the other other to him the queen, the moiety thereof to such person or persons as will sue for the who will sue. same, to be recovered, with full costs of suit, by action of &c. with costs. debt, bill, plaint, or information, in any of her majesty's courts of record at Westminster; and if any of the said candidates, or persons proposed to be elected as aforesaid, shall wilfully refuse, upon reasonable request to be made If candidate at the time of the election, or at any time before the day refuse to take upon which such parliament, by the writ of summons, is to the oath, his meet, to take the oath hereby required, then the election and return of such candidate or person shall be void. election void. ministering 8. AND it is hereby enacted, That no fee or reward shall be taken for administering any such oath, or making, Fees for adreceiving, or filing the certificate thereof, except one shil- the oath for ling for administering the oath, and two shillings for certificate and making the certificate, and two shillings for receiving and for filing. filing the same, under the penalty of 201 to be forfeited by Penalty. the offender, and to be recovered and divided as aforesaid. ANNO 9° ANNE REGINE, CAP. 10. An Act for establishing a General Post Office for all her Officers of the meddle in Sect. 44. AND be it further enacted by the authority aforesaid, That no postmaster or postmasters general, or his or their deputy, or deputies, or any person employed post-office not by, or under him or them, in the receiving, collecting, or to intermanaging the revenue of the post office, or any part thereof, elections. 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, or 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 action of debt, bill, plaint, or information in any of her majesty's courts of record, at Westminster, or in the court of exchequer in Scotland, for the said offences committed in England and Scotland respectively, wherein no essoin, protection, or wager of law, or any 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 P Penalty. office or place of trust whatsoever under her majesty, her heirs or successors. ANNO 90 ANNE, CAP. 11. An Act for laying certain Duties upon Hides and Skins tanned, tawed, or dressed, and upon Vellum and Parchment, for the Term of Thirty-two Years, for prosecuting the War and other her Majesty's most necessary OccaA. D. 1710. sions. 49. AND be it further enacted by the authority aforesaid, That no commissioner, officer, or other person, concerned or employed in the charging, collecting, receiving, or managing any of the duties granted by this act, shall by word, message, or writing, or in any other manner, endeavour to persuade any elector to give, or dissuade any elector from giving, his vote for his choice of any person to be a knight of the shire, commissioner, citizen, burgess, or baron, for any county, city, borough, or cinque port; and every officer or other person offending therein, shall forfeit the sum of 1007. one moiety thereof to the informer, the other moiety thereof to the use of the poor of the parish or place 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 her majesty's courts of record at Westminster, or in the court of exchequer in that part of Great Britain called Scotland, in which no essoin, protection, privilege, or wager of law, or more than one imparlance shall be allowed; and every person convict on any such suit, shall thereby become disabled and incapable of ever bearing or executing any office or place of trust whatsoever under her majesty, her heirs or successors. ANNO GO ANNE REGINE, CAP. 20. An Act for rendering the Proceedings upon Writs of Man- 8. AND whereas in divers counties, boroughs, towns corporate and cinque ports where the mayor, bailiff, or other officer or officers to whom it belongs to preside at the election, and make return of any member to serve in parliament, ought to be annually elected, the same person hath been re-elected into such office for several years successively, which hath been found inconvenient:' be it enacted and declared by the authority aforesaid, That no officer shall be person or persons, who hath been, or shall be in such annual office for one whole year, shall be capable to be chosen into the same office for the year immediately ensuing; and where any such annual officer or officers is or are to con No annual returning re-elected. |