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dant had acted contrary to this act, without mentioning the writ of summons to parliament, or the return thereof; and it shall be sufficient in any indictment or information for any offence committed contrary to this act, to allege the particular offence charged upon the defendant; and that the defendant is guilty thereof, without mentioning the writ of summons to parliament, or the return thereof; and upon trial of any issue in such action, suit, indictment, or information, the plaintiff, prosecutor, or informer, shall not be obliged to prove the writ of summons to parliament, or the return thereof, or any warrant or authority to the sheriff, grounded upon any such writ of summons.

14. PROVIDED always, That every action, suit, indict- Limitation of ment, or information given by this act, shall be commenced within the space of nine calendar months, after the fact upon which the same is grounded shall have been committed.

15. And be it further enacted by the authority aforesaid, That all the statutes of jeofails and amendments of law Statutes of

c. whatsoever, shall be construed to extend to all pro- extended to ceedings in any action, suit, indictment, or information pruceedings given or allowed by this act, or which shall be brought in pursuance thereof.

16. PROVIDED always, and be it further enacted by the authority aforesaid, That in case the plaintiff or informer in any action, suit, indictment, or information given by this act, shall discontinue the same or be nonsuited, or judgment be otherwise given against him; then, and in any of the said cases, the defendant against whom such action, suit, or information shall have been brought, shall recover his treble costs.

on this act.

Treble costs.

ANNO 190 GEORGII II. CAP. 28.
An Act for the better regulating of Elections of Members to

serve in Parliament for such Cities and Towns, in that
Purt of Great Britain called England, as me Counties of
themselves.

A. D. 1746. “ WIEREAs by an act made and passed in the last session of parliament, intituled, An act to explain and amend the 18 Geo. 2, c. laws touching the elections of knights of the shire to serve 18. in parliament for that part of Great Britain called England, several good provisions were enacted for the better regulating the said elections: and whereas it is reasonable, that like provisions should be made for the due election of members to serve in parliament for such cities and towns in that part of Great Britain called England as are counties of themselves, and in which persons have a right to vote for electing such members for and in respect of freehold lands, tenements, or hereditaments, &c. of the yearly value of forty shillings:' therefore, be it enacted, &c. that from and Voters if reafter the twenty-fourth day of June, 1746, every person de. quired, to take manding to vote for the election of any member to serve in lowing, &c. parliament for such city or town being a county of itself, in that part of Great Britain called England, for and in

The oath.

respect of any freehold estate of forty shillings a year, shall, before he is admitted to poll at the said election (if required by the candidates or any of them, or any person having a right to vote at the said election), first take the oath (or being a Quaker, the solemn affirmation) following, viz.

• You shall swear (or being a Quaker, you shall solemnly affirm), That you have a freehold estate, consisting of (spe. cifying the nature of such freehold estate, whether messuage, land, rent, tythe, or what else; and if such freehold estate consists in messuages, lands, or tythes, then speci. fying in whose occupation the same are; and if rept, then specifying the names of the owners, or possessors of the lands or tenements, out of which such rent is issuing, or some or one of them), lying or being in the city and county, or town and county, (as the case may be) of

of the clear yearly value of forty shillings over and above all rents and charges payable out of, or in respect of the same; and that you have been in the actual possession or receipt of the rents and profits thereof for your own use, above twelve kalendar months; or that the same came to you within the time aforesaid by descent, marriage, marriage settlement, devise or promotion to a benefice in a church, or by promotion to an office; and that such freehold estate has not been granted or made to you fraudulently, on pur. pose to qualify you to give your vote ; and that the place of your abode is at

in and that you are twenty-one years of age, as you believe, and that you have not been polled before at this

election.' By whom ad. Which oath (or solemn affirmation) the sheriff or sheriffs,

by him or themselves, or his or their under-sheriff or undersheriffs, or such sworn clerk or clerks as shall be by him or them appointed for the taking of the poll is and are hereby required to administer ; and in case any freeholder or other person, taking the said oath or afirmation hereby appointed,

shall thereby commit wilful perjury, and be thereof conPerjury and victed; and if any person do unlawfully and corruptly

procure or suborn any freeholder or other person to take the said oath or affirmation in order to be polled, whereby he shall commit such wilful perjury and shall be thereof convicted, be and they for every such offence shall incur such pains and penalties as are in and by two acts of parliament, (the one made in the 5th year of the reign of the late queen Elizabeth, intituled, An act for punishment of

such persons as shall procure or commit wilful perjury: And 2 Geo. 2.

the other made in the 2d year of the reign of his present majesty, entitled, an act for the more effectual preventing and further punishment of forgery, perjury, subornation of perjury, and to make it felony to steal bonds, notes, and other securities for payment of money; directed to be inflicted for offences committed contrary to the said acts.

2. And whereas by an act made in the 10th year of the reign of Queen Anne, intituled, An act for the more effectual preventing fraudulent conveyances in order to multiply votes

ministered,

suboruation.

5 Eliz, c. 9.

c. 25.

10 Annie, c. 23.

c. 5.

for electing knights of shires to serve in parliament, it was enacted, that no person should vote for the electing a knight of the shire within that part of Great Britain called England, in respect or in right of any lands or tenements which had not been charged or assessed to the public taxes, church rates, and parish duties in such proportion as other lands or tenements of forty shillings per annum within the same parish or township where the same should lie or had been usually charged: and whereas by an act of parliament made in the 12th year of the reign of her said late 12 Aun. st. 1. majesty queen Anne for explaining the said recited clause, it is enacted, that the said act, or any thing therein contained shall not extend, or be construed to restrain any person from voting in such election of any knight of a shire within that part of Great Britain called England, in respect or in right of any rents, tithes, or other incorporeal inheri- 12 Ann, st. 1. tances, or any messuages or lands in extra-parochial places, c. 5. recited. or any chambers in the inns of court, or inns of chancery, or any messuages or seats belonging to any offices, in regard or by reason that the same have not been usually charged or assessed to all or any the public taxes, church rates, and parish duties aforesaid, or in respect or right of any other messuages or lands not therein before specified in regard or by reason that the same have not been usually charged or assessed to all and every the public taxes, church rates, and parish duties aforesaid, provided that such messuages or lands have usually been charged or assessed to some one or more of the said public taxes, rates, or duties, in such proportion as other messuages or lands of forty shillings per annum, in the same parish or township where the same shall lie or be, are usually charged to the same; which said provisions are recited in an act of parliament made in the 13th year of the reign of his present ma- 13 Geo. 2. c. jesty, intituled, An act for the more effectually preventing 20. fraudulent qualifications of persons to vote as freeholders in the election of members to serve in parliament for such cities and towns as are counties of themselves, in that part of Great Britain called England; and are therein enacted to extend and to be construed to exend to such lands or tene. ments for or in respect of which any person shall vote for the election of any member to serve in parliament for any such city or town as aforesaid, being a county of itself in that part of Great Britain called England: and whereas by an act passed in the last session of this present parlia- 18 Geo. 2. c. ment, it is enacted, that so much of the said recited acts of the 10th and 12th years of the reign of the late queen Anne, as disables any person

vote knights of shires in respect or in right of any lands or tenements which have not been charged or assessed as therein mentioned, shall be and is repealed :" be it enacted by the authority aforesaid, that so much of the said recited act of the 13th year Part of 13Geo. of the reign of his present majesty as extends the said pro- 2. repealed. visions to sucb cities and towns that are counties of them. selves as aforesaid, shall also from and after the said

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twenty-fourth day of June, 1746, be and it is hereby re-
pealed.

3. PROVIDED always that from and after the said twenty-
Qualification
of voters for i fourth day of June, 1746, no person shall vote for the elect-
cities or towns ing a member or members to serve in parliament for such

city or town, being a county of itself as aforesaid, within
that part of Great Britain called England, in respect or in
right of any freehold, messuages, lands, or tenerents, of
the yearly value of forty shillings as aforesaid, which have
not been charged or assessed towards some aid granted or
hereafter to be granted to his majesty, his heirs or succes-

sors by a land tax in Great Britain twelve kalendar months Exception.

next before such election. Provided, that nothing herein
contained shall extend, or be construed to restrain any per-
son from voting in any such election for cities and towns as
are counties of themselves as aforesaid, in respect or in
right of any rents, or any messuages or seats belonging to
any officers in regard or by reason that the same have not

been usually charged or assessed to the aid commonly callDuplicates of ed the land tax; and the acting commissioners of the land land tax as- tax for the time being, or any three or more of them at their de delivered meetings, shall sign and seal one other duplicate of the to the clerks copies of the assessment or assessments, to be delivered to &c. and tiled then by the assessors after all appeals determined, and the

same shall deliver or cause to be delivered to the persons
ofliciating as clarks of the peace within the districts of the
said cities and towns, being counties of themselves as afore-
said respectively, to be by them kept amongst the records
of the sessions, to which all persons may resort at all sea-
sonable times, and inspect the same, paying sixpence for
such inspection, and the said persons officiating as clerks
of the peace or their deputies, are hereby required forth-

with to give copies of the said duplicates, or any part Copies given thereof, to any person or persons who shall require the

same, paying after the rate of sixpence for every three
hundred words, and so in proportion for any greater or less
number.

4. And be it further enacted by the authority aforesaid,
That from and after the said twenty-fourth day of June,

1746, no person shall vote in such election of a member er Voters to have members to serve in parliament for any city or town, being estates of 40s. a county of itself, and in which persons have a right to vote

for such members, for and in respect of lands, tenements,
or hereditaments of the yearly value of forty shillings, un-
less such persons shall have a freehold estate in the city
and county, or town and county for which he votes, of the
clear yearly value of forty shillings, over and above all
rents and charges payable out of or in respect of the same,

and shall have been in the actual possession or in receipt of And posses

the rents and profits thereof for his own use above twelve
kalendar months, except the same came to him within the

time aforesaid, by descent, marriage, marriage settlement, Exception. devise, or promotion to any benefice in a church, or by pro

motion to an office; and no person shall vote in respect or

to persons

paying for

them.

&c.

sion above twelve months.

in right of any freehold estate which was made or granted to him fraudulently, on purpose to qualify him to give his vote, or shall vote more than once at the same election ; and if any person shall vote in any such election contrary to the true intent and meaning hereof, he shall forfeit to any candidate for whom such vote shall not have been Penalty of given, and who shall first sue for the same, the sum of forty fraudulent pounds, to be recovered by him or them, his or their execu. &c.

qualifications, tors or administrators, together with full costs of suit, by action of debt in any of his majesty's courts of record at Westminster, wherein no essoin, protection, wager of law, privilege, or imparlance shall be admitted or allowed; and in every such action the proof shall lie on such person The proof. against whom the same was brought, unless the fact, on which such action is grounded, be the having polled more than once at the same election,

5. And be it declared by the authority aforesaid, That no public or parliamentary tax, church or parish rate or Taxes. duty, or any other tax, rate or assessment whatsoever, to be assessed or levied within such cities or towns, being counties of themselves as aforesaid, is or shall be deemed or construed to be any charge payable out of or in respect of any freehold estate, within the meaning and intention of this act, or of the oath or solemn affirmation herein-before directed to be administered to, and taken by, every freeholder, if required, as aforesaid.

6. And be it further enacted by the authority aforesaid, Acheque That the sheriff or sheriffs of any city or town, being a every' poll county of itself, in that part of Great Britain called England,

book. or in his or their absence, his or their under-sheriff or undersheriffs, or such other person as he or they shall depute, shall, at every election of any member or members to serve in parliament for such city or town, allow a cheque book for every poll book for each candidate, to be kept by their respective inspectors, at the place where the poll for such election shall be taken or carried on.

7. AND be it further enacted by the authority aforesaid, That from and after the said twenty-fourth day of June, Public notice,

&c. of elec1746, the sheriff or sheriffs of every city or town being a county of itself, and having a right to elect a member or members of parliament by virtue of the writ issuing out of chancery, without any precept thereupon, within that part of Great Britain called England, shall forthwith, upon the receipt of the writ for the election of a member or members to serve in parliament for such city or town, cause public notice to be given of the time and place of election, and shall proceed to election thereupon within the space of Election with eight days next after that of his receipt of the said writ, receipt of the and give three days notice thereof at least, exclusive of the writ. day of the receipt of the writ, and of the day of election. 8. And be it further enacted by the authority aforesaid,

Sheriffs of That in case any sheriff or under-sheriff presiding at any fending election of a member or members to serve in parliament for any such city or town, being a county of itself as aforesaid, within that part of Great Britain called England, shall wil

tion.

S

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