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c.

fully offend against or act contrary to the true intent and May be prose- meaning of this act, every such sheriff or under-sheriff king's bench, shall be liable to be prosecuted by information or indict

ment in his majesty's court of king's bench at Westminster, or at the assizes for the city or town where such offence shall be committed, in which no Noli prosequi or Cesset processus shall be granted ; any law, custom, or usage to the contrary thereof in anywise notwithstanding.

9. And be it further enacted by the authority aforesaid, Plaintiffs how That it shall and may be sufficient for the plaintiff in any to proceed.

action of debt given by this act, to set forth in the declaration or bill, that the defendant is indebted to him in the sum of

and to allege the particular offence for which the action or suit is brought, and that the defendant hath acted contrary to this act, without men. tioning the writ of summons to parliament, or the return thereof; and it shall be sufficient in any indictment or in. formation for any offence committed contrary to this act to allege the particular offence charged upon the defendant, and the defendant is guilty thereof, without mentioning the writ of summons to parliament, or the return thereof; and upon trial of any issue in any 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 or sheriffs grounded upon any such writ of sum.

mons.

Suits to be coinmeuced within nine months.

Statutes of jeofails ex

Plaintiff dis.

&c. treble costs.

10. Provided always, That every action, suit, indictment, 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.

11. And be it further enacted by the authority aforesaid, tended to such That all the statutes of jeofails and amendments of the proceedings. law whatsoever, shall and may be construed to extend to

all proceedings in any action, suits, indictment, or in. formation, given or allowed by this act, or which shall be

brought in pursuance thereof. continuing,

12. 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.

13. PROVIDED always, and be it enacted by the auLimitation of thority aforesaid, That this act, or any thing therein con

tained (other than, and except such clauses and pro. visions as are by this act made for or cond

oncerning allowing cheque books, or for or concerning notice to be given of the time and place of election, and proceeding to election thereupon) shall not extend, or be construed to extend, to any city or town, being a county of itself, or to any person or persons, where the right of voting for any member or mem.

this act.

bers of any such city or town is, for or in respect of burgage tenure, or where the right of voting for such member or members for or in respect of a freehold, does not require the same to be of the yearly value of forty shillings.

ANNO 31° GEORGII II. CAP. 14.
An Act for further explaining the Laws touching the Elec-

tors of Knights of the Shire to serve in Parliament for that
Part of Great Britain called England. A.D. 1757.

Whereas by an act made in the 18th year of the reign of his present majesty, intituled, 'An act to explain and amend the laws touching the elections of knights of the shire, to serve in parliament for that part of Great Britain called England, it is enacted, That no person shall vote at the election of any knight or knights of a shire, within that part of Great Britain called England, or principality of Wales, without having a freehold estate in the 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 whereas notwithstanding the said act, certain persons who hold their estates by copy or court roll pretend to have a right to vote and have, at certain times, taken upon them to vote at such elections : Be it Copyholders therefore enacted, &c. That 'from and after the twenty- disabled from fourth day of June, 1758, no person who holds his estate knights of by copy of court roll shall be entitled thereby to vote at the the shire. election of any knight or knights of a shire, within that part of Great Britain called England, or principality of Wales; and if any person shall vote in any such election, contrary to the true intent and meaning hereof, every such vote shall be void to all intents and purposes whatsoever ; and every person so voting, shall forfeit to any candidate for whom such vote shall not have been given, and who shall first sue for the same, the sum of fifty pounds; to be recovered by him or them, his, her, or their executors and administrators, together with full costs of suit, by action Penalty. 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 the person against Onus probandi. whom such action shall be brought.

2. And be it further enacted by the authority aforesaid, That it shall and may be sufficient for the plaintiff in any such action of debt to set forth in the declaration or bill, Plaintift's. that the defendant is indebted to him in the sum of fifty plea in the acpounds, and to allege the offence for which the action or case. suit is brought, and that the defendant hath acted contrary to this act, without mentioning the writ of summons to parliament, or the return thereof; and upon trial of any issue in any such action or suit, the plaintiff 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.

Limitation of actions.

Statutes of jeofails, &c. extended to suits,

3. PROVIDED always, That every such action or suit shall be commenced within the space of nine kalendar months next after the fact, upon which the same is grounded, shall have been committed.

4. And be it further enacted by the authority aforesaid, That all the statutes of jeofails, and amendments of the law whatsoever, shall and may be construed to extend to all proceedings in any such action or suit.

5. PROVIDED always, and be it further enacted by the authority aforesaid, That in case the plaintiff in any such action or suit 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 or suit shall have been brought, shall recover his treble costs.

Plaintiff nonsuited, &c. treble costs.

ANNO 330 GEORGII II. CAP. 20.
An Act to enforce and render more effectual the Laws re-

lating to the Qualification of Members to sit in the House
of Commons.

A. D. 1759. Whereas by an act passed in the 9th year of the reign of Preamble re- her late majesty queen Anne, intituled, " Au act for seciting clauses curing the freedom of parliaments, by the farther qualify9 Annæ, c. 5. ing the members to sit in the house of commons,' it was 2 G.2, c. 94. 15 G. 9, c. 22.

enacted, That no person should be capable to sit or vote, as 18 G. 2, c. 18. a member in the house of commons, for any county, city, 31 &:%, €:11: borough, or cinque port, within that part of Great Britain

called England, the dominion of Wales, and town of Berwick upon Tweed, who should not have an estate, freehold or copyhold, for his own life, or for some greater estate, either in law or equity, to and for his own use and benefit, of or in lands, tenements or hereditaments, over and above what would satisfy and clear all incumbrances that might affect the same, lying or being within that part of Great Britain called England, the dominion of Wales, and town of Berwick upon Tweed, of the respective annual value therein limited; viz. the annual value of six hundred pounds, above reprizes, for every knight of a sbire; and the annual value of three hundred pounds, above reprizes, for every citizen, burgess, or baron of the cinque ports: Now, in order to enforce and render the said act more

effectual, Be it enacted, &c. That from and after the deAll members termination of this present parliament, every person, in future par: except as is herein-after excepted, who shall be elected particularly a member of the house of commons, shall, before he preexcepted), sumes to vote in the house of commons, or sit there during any are to deliver debate in the said house of commons after their speaker in at the table, is chosen, produce and deliver in to the clerk of the said

house, at the table in the middle of the said house, and ting, a signed whilst the house of commons is there duly sitting, with

their speaker in the chair of the said house, a paper or tive qualitica

account, signed by every such member, containing the name or names of the parish, township, or precinct, or of the several parishes, townships, or precincts, and also of

(

be

fore

act

house is sit

their respec

tions.

the county, or of the several counties, in which the lands, tenements, or hereditaments, do lie, whereby he makes out his qualification, declaring the same to be of the annual value of six hundred pounds, above reprizes, if a knight of the shire ; and of the annual value of three hundred and take and pounds, above reprizes, if a citizen, burgess, or baron of fubscribe the the cinque ports; and shall also, at the same time, take oath; and subscribe the following oath, viz.

'I, A. B. do swear, That I truly and bona fide hav such an estate in law or equity, and of such value, 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, as doth qualify me to be elected and returned to serve as a member for the place I am returned for, according to the tenor and true meaning of the acts of parliament in that behalf; and that such lands, tenements, or hereditaments, do lie as described in the paper or account signed by me, and now delivered to the clerk of the house of commons.

So help me Ged.' And the said house of commons is hereby impowered and which is to be required to administer the said oath and subscription, ac- administered

, cording to the directions of this act, as occasion shall be, and enrolled, from time to time to every person duly demanding the after the usual same, immediately after such person shall have taken the fication have oaths of allegiance, supremacy, and abjuration, at the said been taken ; table : and the said oath and subscription herein before directed to be taken and made, shall be entered in a parchment roll, to be provided for that purpose by the clerk of the house of commons; and the said papers or accounts, so and the schesigned and delivered in to the said clerk as aforesaid, filles shall be filed and carefully kept by him.

2 AND be it further enacted by the authority aforesaid, That if any person who shall be elected to serve in any Any member future parliament as a knight of a shire, or as a citizen, act contrary burgess, or baron of the cinque ports, shall presume to sit thereto, or vote as aforesaid as a member of the house of commons, before he has delivered in such paper or account, and taken and subscribed such oath as aforesaid, or shall not be or without be qualified acording to the true intent and meaning of the fied, his elecsaid recited act, and of this act; his election shall be and tion is void, is hereby declared to be void, and a new writ shall be writ to issue. issued to elect another member in the said person's room.

3. PROVIDED always, That nothing in this act contained, Persons exshall extend to the eldest son or heir-apparent of any peer the general or lord of parliament, or of any person qualified to serve qualification. as a knight of a shire, or to the members for either of the universities in that part of Great Britain called England, or to the members of that part of Great Britain called Scotland.

election.

ANNO 30 GEORGII III. CAP. 15.
An Act to prevent occasional Freemen from voting at Elec-

tions of Members to serve in Parliament for Cities and
Boroughs.

A. D. 1762. Whereas great abuses have been committed in making freemen of corporations, in order to influence elections of members to serve in parliament, to the great infringement of the rights of freemen of such corporations, and of the freedom of elections; to prevent such practices for the future, Be it enacted, &c. That from and after the first

day of May, 1763, no person whatsoever claiming as a Freemen

not freeman to vote at any election of members to serve in parto vote unless admitted to

liament for any city, town, port, or borougb in England, their freedom Wales, and the town of Berwick upon Tweed, where such twelve months before the voter's right of voting is as a freeman only, shall be ad

mitted to give his vote at such election, unless such per. son shall have been admitted to the freedom of such city, town, port, or borough, twelve kalendar months before the first day of such election ; and if any person shall presume to give his vote as a freeman at any election of members to serve in parliament, contrary to the true intent and mean

ing of this act, he shall, for every such offence, forfeit and Penalty. pay the sum of one hundred pounds to him, her, or them,

who shall inform and sue for the same; and the vote given

by such person shall be void and of uo effect. Exceptions. 2. PROVIDED always, That nothing herein contained

shall extend, or be construed to extend, to any person entitled to his freedom by birth, marriage, or servitude, according to the custom or usage of such city, town, port,

or borough. Penalty of an

3. And be it further enacted by the authority aforesaid, tedating ad- That if any mayor, bailiff, sheriff, town clerk, or other

officer of any corporation, or other person whatsoever, shall wilfully and fraudulently antedate, or cause to be antedated, any admission of any freeman, such mayor, bailiff, sheriff, town clerk, officer, or other person, shall, for every such offence, forfeit and pay the sum of five hun. dred pounds to him, her, or them, who shall inform and sue for the same.

4. And be it further enacted by the authority aforepapers of ade said, That the mayor, bailiff, sheriff, town clerk, or other

officer of any corporation, having the custody of, or power spection, upon over, the records of the same, shall, upon the demand of candidate, his any candidate, or his agent, or any two freemen, on the agent, or two

payment of one shilling, permit such candidate, agent, or payment' of is. freemen, between the hours of nine in the morning and

three in the afternoon, at any time before, and within one month after, any such election as aforesaid, to inspect the

books and papers wherein the admission of freemen shall Copies and

be entered ; and to have copies or minutes of the admission minutes of the admission to

of so many freemen as such candidate, agent, or freemen, be given, pay, shall think fit, upon paying to such mayor, bailiff, sheriff

, for writing the town clerk, or other officer, a reasonable charge for writing

mission.

Books and

open to in

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