ANNO 110 GEORGII II. CAP. 24. An Act to amend an Act passed in the 12th and 13th Years 12 & 13 W. 3, tions against members of WHEREAS for the preventing all delays the king or his subjects may receive in any of his courts of law or equity, and for their ease in the recovery of their rights and titles to any lands, tenements, or hereditaments, and their debts or other dues, for which they have cause of suit or action, an act was made in the 12th and 13th years of Preamble rethe reign of King William the Third, intituled, "An act citing the act, for preventing any inconveniences that may happen by c. 3. privilege of parliament," whereby, nevertheless, the privilege of parliament is restrained only in actions or suits commenced or prosecuted in the courts, and for the causes therein particularly mentioned; and whereas great inconveniences may happen to his majesty, and his subjects, with respect to their rights and titles of lands, tenements, or hereditaments, and their debts or other dues for which they have cause of suit or action, if the privilege of parliament be not restrained upon actions or suits commenced or prosecuted in other courts within Great Britain and Ireland: for remedy thereof be it enacted, &c. That Persons may from and after the first day of June, 1738, any person or prosecute acpersons shall and may commence and prosecute in Great Britain or Ireland any action or suit in any court of record, parliament in or court of equity, or of admiralty, and in all causes ma- of sessions. trimonial and testamentary, in any court having cognizance of causes matrimonial and testamentary, against any peer, or lord of parliament of Great Britain, or against any of the knights, citizens, and burgesses of the house of commons of Great Britain for the time being, or against their or any of their menial or other servants, or any other person entitled to the privilege of the parliament of Great Britain, at any time from and immediately after the dissolution or prorogation of any parliament, until a new parliament shall meet, or the same be re-assembled, and from and immediately 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 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. the intervals arrested dur 2. PROVIDED nevertheless, That this act shall not extend Members not to subject the person of any of the knights, citizens, and liable to be burgesses of the house of commons of Great Britain, or ing privilege. any other person entitled to the privilege of parliament, to be arrested during the time of privilege nevertheless, it shall and may be lawful to and for any of the courts of great sessions in Wales, courts of session in the counties sessions in counties pala The courts of palatine of Chester, Lancaster, and Durham, courts of in Wales, and king's bench, common pleas, and exchequer in Ireland, great sessions after any dissolution, prorogation, or such adjournment as aforesaid, or before any session of parliament, or meeting ceed against of both houses as aforesaid, to have and use such and the the courts at like due methods of proceeding, and to issue such and like Westminster. process against any such peer, or lord of parliament, or tine to pro members, as Plaintiffs not barred or nonsuited. Nor process against the king's debtor against any of the said knights, citizens, and burgesses, or other persons entitled to the privilege of the parliament of Great Britain, as the courts of king's bench, common pleas, and exchequer in England, are by the said recited act impowered and directed to use and issue respectively; and that it shall and may be lawful to and for the court of chancery of Ireland, and for the court of equity of the exchequer there, to have and use such and the like methods of proceeding, and to issue such and the like process within the times and against the persons aforesaid, as the high court of chancery of Great Britain and the court of exchequer in England, are by the said recited act respectively directed and impowered to use and issue; and that it shall and may be lawful to and for any of the other courts herein-before described, the process whereof is not particularly directed by the said recited act, or by this act, after any dissolution, prorogation, or such adjournment as aforesaid, or before any session of parliament, or meeting of both houses as aforesaid, to issue such and the like process against any such peer, or lord of parliament, or against any of the said knights, citizens, or burgesses, or other person entitled to the privilege of parliament, as such courts may now lawfully issue against persons not liable to be arrested or imprisoned. 3. AND be it enacted by the authority aforesaid, That where any plaintiff shall, by reason or occasion of privilege of parliament, be stayed or prevented from prosecuting any suit by him commenced, such plaintiff shall not be barred by any statute of limitation, or nonsuited, dismissed, nor his suit discontinued for want of prosecution of the suit by him begun, but shall, from time to time, upon the rising of the parliament, be at liberty to proceed to judgment and execution. his 4. AND it is hereby enacted, That no action, suit, process, order, judgment, decree, or proceeding in law or to be stayed equity, against the king's original and immediate debtor, by privilege of for the recovery or obtaining of any debt or duty origiparliament. nally and immediately due or payable unto his majesty, heirs or successors, for 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 and immediate debt, or duty, or the execution of any such process, order, judgment, decree, or proceedings, shall be impeached, stayed, or delayed in any court in Great Britain or Ireland, by and under the colour or pretence of any privilege of the parliament of Great Britain; yet so nevertheless, that the person of any such debtor, or accountant, or person an sons not to be swerable or liable to account, being a peer, or lord of But the perparliament of Great Britain, shall not be liable to be ar- arrested. rested or imprisoned, by or upon any such such suit, order, judgment, decree, process, or proceedings; or being a member of the house of commons of Great Britain, 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. 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 mixt action, in any other manner than such court might have done before the making this act. ANNO 130 GEORGII II. CAP. 20. An Act for the more effectually preventing fraudulent Quali- AFTER reciting the 1st and 2nd sections of 10 Ann, c. 23, and the whole of 12 Ann, c. 5, vide ante, it proceeds. And whereas it is reasonable, that provision should likewise be made to prevent any fraudulent conveyances of lands and tenements, in order to multiply votes for electing members to serve in parliament, for such cities and towns as are counties of themselves, and wherein persons have a right to vote for electing such members, for or in respect of lands, tenements, or hereditaments of the yearly value of forty shillings: Be it enacted, &c. That from and after the twenty-fifth day of March, 1740, the said provisions contained in the said in part recited act, made in the 10th year of the reign of queen Anne, for preventing fraudulent conveyances in order to multiply votes for electing knights for shires, and in the said act made in the next sessions of parliament, shall be extended and construed to extend, to such lands or tenements, for or in respect of which any person shall vote for the election of any member to serve Penalty for in parliament for any such city or town as aforesaid, being voting as freea county of itself in that part of Great Britain called holder not having an esEngland, and that if any person shall vote for the elec- tate one year tion of any such member as a freeholder, not having such before elecan estate for one year before the same election, and so charged or assessed as in the said acts or one of them is described, except in cases therein excepted, every such In part reperson shall be subject to the like penalties and forfei- pealed by 19 tures, as are by the said act, made in the 10th year of the Geo. 2, c. 28, reign of queen Anne, imposed on persons voting for knights towns which of shires, not having the qualifications thereby required. of themselves. tion. Exception. S. 2, as to are counties R Governor, &c. disabled. ANNO 150 GEORGII II. CAP. 13. s. 8. An Act for establishing an Agreement with the Governor and Company of the Bank of England, for advancing the Sum of One Million Six Hundred Thousand Pounds, towards the Supply for the Service of the Year 1742. A. D. 1742. 8. AND it is hereby further enacted by the authority aforeof the bank not said, That no person in respect of his being governor, deputy-governor, director, manager, or member of the said company, or for having any stock or share therein, or for any matter or thing to be by him done or performed in the affairs of the said corporation, shall be now or at any time hereafter disabled from being or continuing, or from being elected or serving as a member of parliament, or be liable or subject to any penalty, forfeiture, or disability prescribed by any other act or acts of parliament, for not qualifying himself to execute his trust with respect to the affairs of the said corporation, as persons who shall take or execute any office or place of profit or trust, are subject and liable unto by any law now in force, or be adjudged liable to be a bankrupt, within the intent or meaning of all or any the statutes made against or concerning bankrupts; any law, statute, or provision to the contrary thereof in any wise notwithstanding. Certain offi. cers, clerks of certain ers, &c. not to sit. ANNO 150 GEORGII II. CAP. 22. An Act to exclude certain Officers from being Members of the FOR further limiting or reducing the number of officers capable of sitting in the house of commons, be it enacted, &c. That from and after the dissolution, or other determination of this present parliament, no person who shall be commissioners of the revenue in Ireland, or commissioner and deputies of the navy or victualling offices, nor any deputies or clerks commission in any of the said offices, or in any of the several offices following; that is to say, the office of lord high treasurer, or the commissioners of the treasury, or of the auditor of the receipt of his majesty's exchequer, or of the tellers of the exchequer, or of the chancellor of the exchequer, or of the lord high admiral, or the commissioners of the admiralty, or of the paymasters of the army or of the navy, or of his majesty's principal secretaries of state, or of the commissioners of the salt, or of the commissioners of the stamps, or of the commissioners of appeals, or of the commissioners of wine licences, or of the commissioners of hackney coaches, or of the commissioners of hawkers and pedlars, nor any persons having any office, civil or military, within the island of Minorca or in Gibraltar, other than officers having commissions in any regiment there only, shall be capable of being elected, or of sitting or voting as a member of the house of commons in any parliament which shall be hereafter summoned and holden, 2. AND be it further enacted, by the authority aforesaid, 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, borough, town, cinque port, or place, in parliament, such election and return are hereby enacted and declared to be void to all intents and purposes Returns of whatsoever; and if any person disabled and declared in- such void. capable by this act to be elected, shall after the dissolution, or other 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 Penalty on persons sitting or voting, shall forfeit the sum of twenty pounds for every or voting, after day in which he shall sit or vote in the said house of com- being thus dismons, to such 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 persons so suing, with full costs of suit, in any of the said courts, by action of debt, bill, plaint, or information, in which no essoin, privilege, protection, or wager of law, shall be allowed, and only one imparlance, and shall from thenceforth be incapable of taking, holding, or enjoying any office of honour or profit under his majesty, his heirs or succesors. abled. the treasury, 3. PROVIDED always, and it is hereby enacted and de- Not to extend to comptroller clared by the authority aforesaid, That nothing in this act of the navy, shall extend or be construed to extend or relate to, or ex- secretary to clude the treasurer or comptroller of the navy, the secre- &c. taries of the treasury, the secretary to the chancellor of the exchequer, or secretaries of the admiralty, the under secretary to any of his majesty's principal secretaries of state, or the deputy paymaster of the army, or to exclude any person having or holding any office or employment for life, or for so long as he shall behave himself well in his office; any thing herein contained to the contrary notwithstanding. ANNO 180 GEORGII II. CAP. 18. An Act to explain and amend the Laws touching the Elections 'WHEREAS Several delays and inconveniences have arisen in elections of knights of shires to serve in parliament, to the great trouble and expence of the candidates and electors;' For remedy thereof, be it enacted, &c. That from and after the twenty-fourth day of June, 1745, upon every election to be made within that part of Great Britain called England, or dominion of Wales, of any knight or knights of the shire to serve in parliament, every freeholder instead of the oath or affirmation prescribed to be taken, by an act of Oath ap parliament made in the 10th year of the reign of her late pointed for majesty queen Anne, intituled, An Act for the more effectual preventing fraudulent conveyances in order to multiply votes for electing knights of shires, to serve in parliament, before he is admitted to poll at the said election, shall (if required by the candidates or any of them, or any other per freeholders. |