nual officer his successor tinue for a year, and until some other person or persons shall be chosen and sworn into such office, if any such officer or officers shall voluntarily and unlawfully obstruct And such anand prevent the choosing another person or persons to obstructing succeed into such office at the time appointed for making the election of another choice, shall forfeit 1001. for every such offence, to forfeit 100%. to be recovered with costs of suit by such person as will sue for the same in any of her majesty's courts of record before-mentioned, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, One moiety to shall be allowed, nor any more than one imparlance; one the queen, the moiety to her majesty, her heirs and successors, and the other to the other moiety to him or them that will sue for the same. ANNO 100 ANNE REGINE, CAP. 19. An Act for laying several Duties upon all Soap and Paper prosecutor. ers, &c. under intermeddle with elections. 182. And be it further enacted by the authority aforesaid, That no commissioner, officer, or other person, concerned or employed in the charging, collecting or 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 elec- Commissiontor from giving, his vote for his choice of any person to be this act not to 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 Penalty. 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 disable 7 & 8 W. 3, c. 25. and incapable of ever bearing or executing any office or place of trust whatsoever, under her majesty, her heirs and successors. ANNO 100 ANNE REGINE, CAP. 23. An Act for the more effectual preventing fraudulent Conveyances, in order to multiply Votes for electing Knights of Shires to serve in Parliament. 'WHEREAS by an act of parliament made in the 7th year of the reign of his late majesty king William the third, intituled, An act for the further regulating elections 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 amongst other things enacted, 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 amongst several persons, to enable them to vote at election of members to serve in parliament, shall be void, and of none effect; and that no more than one single voice shall be admitted for one and the same house and tenement: and whereas (notwithstanding this provision to the contrary) many fraudulent and scandalous practices have been used of late, to create and multiply votes at the election of knights of the shire to serve in parliament, to the great abuse of the ancient law and custom of that part of Great Britain called England, to the great injury of those persons who have just right to elect, and in prejudice of the freedom of such elections :' Therefore, for the more effectual preventing of such undue practices, be it enacted, That all estates and conveyances Conveyances whatsoever, made to any person, or persons, in any fraufraudulently dulent or collusive manner, on purpose to qualify him or lify persons to them to give his or their vote or votes at such elections vote (subject of knights of the shire (subject nevertheless to conditions or agreements to defeat or determine such estate, or to re-convey the same) shall be deemed and taken against those persons who executed the same, as free and absolute, and be holden and enjoyed by all and every such person or persons to whom such conveyance shall be made, as aforesaid, freely and absolutely acquitted, exonerated, and discharged of and from all manner of trusts, conditions, clauses of re-entry, powers of revocation, provisoes of redemption, or other defeazances whatsoever, between or with the said parties, or any other person or persons in trust for them; and that all bonds, covenants, collateral or other securities, contracts, or agreements, between or with the said parties, or any other person or persons in trust for them, or any of them, for the redeeming, revoking, or defeating such estate or estates, or for the restoring or re-conveying thereof or any part thereof, to any person or persons who made or executed such conveyance, made to qua to conditions to defeat the same) discharged of ons, &c. such conditi Bonds, &c. for defeating such estate void. or to any other person or persons in trust for them, or any of them, shall be null and void to all intents and purposes whatsoever; and that every person who shall make and execute such conveyance and conveyances as aforesaid, or being privy to such purpose, shall devise or prepare the same; and every person who, by colour thereof, shall give any vote at any election of any knight or knights of Penalty on" a shire, to serve in parliament, shall, for every such con- persons makveyance so made, or vote so created or given, forfeit the ing, &c. such sum of forty pounds, to any person who shall sue for the or voting by same, to be recovered, together with full costs of suit, by action of debt, bill, plaint, or information, in any of her majesty's courts of record at Westminster, wherein no essoin, privilege, protection, wager of law, or more than one imparlance shall be admitted or allowed. conveyances, colour thereof. After 1st May, 1712, no perfor a knight of sons shall vote right of lands charged to person has not year before, descent, &c. 2. AND be it further enacted by the authority aforesaid, That from and after the first day of May, which shall be in the year of our Lord 1712, no person shall vote for the electing of any knight of a shire, within that part of Great a shire, in Britain called England, in respect or in right of any lands which not or tenements which have not been charged or assessed to public taxes, the public taxes, church rates, and parish duties, in such &c, and for proportion as other lands or tenements of forty shillings which such per annum within the same parish or township, where the received the same shall lie or be, are usually charged, and for which rents for one such person shall not have received the rents or profits, or unless the be entitled to have received the same to the full value of lands came by forty shillings or more, to his own use, for one year before Sed vide 12 such election, unless such lands or tenement came to such Ann, stat. 1, c. 5, repealed person within the time aforesaid, by descent, marriage, mar- by 18 Geo., riage settlement, devise, or presentation to some benefice c. 18, s. 2. in the church, or by promotion to some office, unto which such freehold is affixed; and if any person shall vote in any such election, contrary to the true intent and meaning hereof, he shall, for every such offence, forfeit the sum of forty pounds, one moiety thereof to the poor of the parish or parishes where the lands or tenements lie, for which such person shall vote, and the other moiety to the person or persons who shall sue for the same, to be recovered by action of debt, bill, plaint, or information, in any of her majesty's courts of record at Westminster, wherein no essoin, privilege, protection or wager of law, shall be allowed, or more than one imparlance. 3. Repeals the oath required by 7 W. 3, c. 25. the oath re 4. AND be it further enacted by the authority aforesaid, Sect. 3, repcals That upon every election to be made of any knight or uired by 7 knights of a shire within that part of Great Britain called W. 3, c. 25. England, to serve in parliament, every freeholder, before he is admitted to poll at the same election, shall (if required by the candidates, or any of them, or any other Vide another person having a right to vote at such election) first take oath, 18 G. 2, the oath following, viz. 5. AND the better to detect and punish any offenders against this act, be it enacted by the authority aforesaid, That in taking the poll, the sheriff, or his under sheriff, c. 18, s. 1. name, and abode. The elector's and clerks, shall enter not only the place of the elector's freehold, but also the place of his abode, as he shall declare the same at the time of the giving his vote, and shall also make or enter jurat against the name of every such voter who shall be tendered and take the oath hereby required; and that the said sheriff, or returning officer, shall, within the space of twenty days next after such election, faithfully deliver over upon oath (which oath the two next justices of the peace, one of whom to be of the quorum, are hereby enabled and required to administer) unto the clerk of the peace of the same county, all the poll-books of such respective election without any embezzlement or alteration, and in such counties where there are more than one clerk of the peace of the same county, records of the then the original poll-books to one of such clerks of the peace, and attested copies thereof to the rest, to be carefully kept and preserved among the records of the sessions of the peace of and for the said county. Poll-books de livered upon oath to the clerk of the peace, and kept among sessions. Sheriff of Yorkshire to appoint seven tables for tak ing the poll, at the costs of the candidates. Sheriff of mation. 6. AND be it further enacted by the authority aforesaid, That the sheriff of the county of York for the time being, shall be and is hereby required to appoint seven convenient tables, or places for taking the poll of the said county, upon any new election of a knight or knights of the shire for the said county, at the proper costs and charges of the candidates for the same, to continue till the poll be concluded. 7. AND be it further enacted by the authority aforesaid, That the sheriff of the county palatine of Chester for the time being, against every election of a knight or knights of the shire to serve in parliament for the said county, shall and is hereby required to cause seven convenient tables or places, and no more, to be made at the costs and charges of the candidates, within the shire hall of the said county, for taking the poll at such elections, that is to say, two at the upper end, two at each side, and one at the lower end of the said ball; and shall at such place take the poll at such elections till the same be concluded. S. PROVIDED always, and be it enacted by the authority Quakers affir- aforesaid, That if any person being a Quaker, during the continuance of an act, passed the 7th year of his late majesty's reign, intituled, An act that the solemn affirmation and declaration of the people called Quakers, shall be accepted instead of an oath in the usual form, shall, upon such election as aforesaid, if required by the candidates, or any of them, declare the effect of the said oath upon his solemn affirmation, in such manner and form as is directed by the said act of parliament, made in the seventh year of the reign of his late majesty king William the third, intituled, An act that the solemn affirmation and declaration of the people called Quakers, shall be accepted instead of an oath in the usual form; every such Quaker shall be capable and admitted to give his vote for the election of any such member as aforesaid, to serve in the house of commons, within that part of Great Britain called England; and every sheriff by himself, or such his proper officer as afore said, is hereby authorized and required to accept such affirmation instead of the said oath, and shall also make or enter affirmat against the name of every such Quaker ; and in case any such Quaker shall be convicted wilfully, falsely, and corruptly to have affirmed or declared any matter or thing which, if the same had been in the usual form, would have amounted to wilful and corrupt perjury, every such Quaker so offending, shall incur the same penalties and forfeitures as herein-before enacted against persons convicted of wilful and corrupt perjury. ANNO 120 ANNE REGINE, CAP. 5. An Act to explain a Clause in an Act of the last Session of Parliament, intituled, An Act for the more effectual preventing fraudulent Conveyances, in order to multiply Votes for the electing Knights of Shires to serve in Parliament, as far as the same relates to the ascertaining the Value of Freeholds of 40s. per annum. A. D. 1713. Incur the penalties against perjury. this statute, actments, vide WHEREAS by an act made in the last session of parlia- The 18 G. 2, ment, intituled, An act for the more effectual preventing c. 18, repeals fraudulent conveyances, in order to multiply votes for and incorpoelecting knights for shires to serve in parliament, it is rates its enamongst other things enacted, That from and after the post. first day of May, which should be in the year of our Lord 1712, no person shall vote for the electing of any knight of a shire, within that part of Great Britain called England, in respect or in right of any lands or tenements which have not been charged or assessed to the public taxes, church rates, and parish duties, in such proportions as other lands or tenements of 40s. per annum, within the same parish and township where the same shall lie or be, are usually charged, under a penalty therein expressed; and whereas some doubts have arisen whether parsons, vicars, and other persons, having messuages, lands, rents, tithes, or other hereditaments, are not thereby restrained from voting at such elections, in regard that such messuages, lands, rents, tithes or hereditaments, have not been usually charged or assessed to the public taxes, church rates, and parish duties, and to every of them.' Now, for as much as it was only intended thereby to ascertain the value of lands or tenements, by making the proportion paid to the public taxes, church rates, and parish duties, or such of them to which the same were usually charged or assessed, the measure of the value The act 10 thereof; and for the removing such doubts, be it enacted not to restrain and declared, &c. That the said act, or any thing therein any person contained shall not extend, or be construed to restrain any in respect of person from voting in such election of any knight of a any rents, &c. shire within that part of Great Britain called England, in in inns of respect or in right of any rents, tithes, or other incorporeal court, in reinheritances, or any messuages or lands in extra-parochial not being places, or any chambers in the inns of court, or inns of charged to chancery, or any messuages or seats belonging to any &c. Ann, c. 23, from voting or chambers gard of their public taxes, |