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the same ; and such books and papers shall, if demanded same; and the by such candidate, agent, or freemen, be produced by such be produced, mayor, bailiff, sheriff, town clerk, or other officer, at every

if demanded,

at every elec. election, and be referred to, in case any dispute shall tiom. arise touching the right of any person to give his vote thereat; and if such mayor, bailiff, sheriff, town clerk, or other officer, shall refuse or deny such candidate, agent, or freemen, the inspection of such books and papers, or to have copies or minutes thereof, or shall refuse or neglect to produce such books and papers at any election, if demanded and paid for in the manner herein-before set forth, sach mayor, bailiff, sheriff, town clerk, or other officer, shall, for every such offence, forfeit and pay the sum of one bundred pounds to him, her, or them, who shall inform Penalty. and sue for the same.

5. And be it further enacted by the authority aforesaid, That all forfeitures or penalties laid or imposed by this act, shall be recovered, with full costs of suit, by action How recoof debt, bill, plaint or information, in any of his majesty's vered. courts of record at Westminster; wherein no essoin, protection, wager of law, or more than one imparlance shall be allowed. 6 PROVIDED always, and it is hereby further enacted

prosecution and declared, by the authority aforesaid, That no person be commenced

within a year shall be liable to any forfeiture or penalty by this act laid or imposed, unless prosecution be commenced within one year after such forfeiture or penalty shall be incurred.

7. And be it further enacted by the authority aforesaid, This act to be That the returning officer shall read, or cause to be read, openly read openly, this act, at the time of election of members to ing officer, at serve in parliament for cities, towns, ports, or boroughs, all elections where the right of election is in the whole, or in part, in immediately freemen as aforesaid, immediately after the reading of the after act 2, act passed in the 2nd year of his late majesty's reign, intituled, An act for the more effectual preventing bribery and corruption in the elections of members to serve in par. liament.

8. And be it further enacted by the authority aforesaid, to London or That nothing in this act shall extend, or be construed to Norwich. extend, to the cities of London or Norwich,

If

ANNO 30 GEORGII III. CAP. 24.
An Act to prevent fraudulent and occasional Votes in the

Elections of Knights of the Shire, and of Members for
Cities and Towns which are Counties of themselves, so far
as relates to the Right of Voting by rirtue of an Annuity
or Rent Charge.

A. D. 1762. WHEREAS annuities or rent charges granted for a life or lives, or a greater estate, issuing out of freehold lands or tenements, are of a private nature, and therefore liable to fraudulent practices in the elections of knights of shires, to the prejudice of the candidates, and of those who have just right to vote at such elections; and whereas the right

unless certified to the clerk of the peace.

of election of members to serve in parliament for several cities and towns which are counties of themselves, in that part of Great Britain called England, is vested partly, or in the whole, in freeholders, in respect of freeholds of the yearly value of forty shillings, lying within such cities and towns; and whereas annuities and rent charges for a life or lives, or a greater estate, issuing out of such freehold lands or tenements, are liable to the like fraudulent prac

tices : for remedy whereof, Be it enacted, &c. That from Annuity no and after the first day of August, 1764, no person shall qualification,

vote for electing any knight or knights of a shire, citizen
or citizens, burgess or burgesses, of any such city or town
for that part of Great Britain called England, for or in
respect of any annuity or rent charge issuing out of free-
hold lands or tenements, and granted before the first day
of June, 1763, unless a certificate, upon oath, shall have
been entered twelve kalendar months, at least, before the
first day of such election, with the clerk of the peace for
the county, riding, or division, or with the clerk of the
peace, town clerk, or other public officer, having the cus-
tody of the records within such city or town where such
lands or tenements do lie, as follows, (that is to say,)
“ I, A. B, of

am really and bona fide seized of an annuity or rent charge, for my own use and benefit, of the clear yearly value of forty shillings, above all rents and charges payable out of the same, wholly issuing out of freehold lands, tenements, or hereditaments, belonging to C. D. of

situate, lying, and being, in the parish, township or place, or in the parishes, townships, or places of E. in the county of

without any trust, agreement, matter, or thing to the contrary notwithstanding; and I, or the person or persons under whom I claim, was or were seized of the said annuity or rent charge before the first day of June, 1763.”

2. And be it further enacted by the authority aforesaid, respect to such qualifi

That no person shall vote for the electing any knight or

knights of a shire, or for a citizen or citizens, burgess or scent, mar

burgesses, of any such city or town, for that part of Great riage, devise, Britain called England, in respect of any annuity or rent or promotion,

charge issuing out of freehold lands, tenements, or heredi-
taments, which shall come to such person by descent, mar-
riage, marriage settlement, devise, or presentation to a
benefice in a church, or promotion to an office, within
twelve kalendar months next before such election respec-
tively, unless a certificate upon oath, or affirmation if a
Quaker, shall have been entered with the clerk of the
peace, town clerk, or other officer as aforesaid, before the
first day of such election, as follows; that is to say,
“I, A, B, of

am really and bona fide seized of an annuity or rent charge, to my own use and benefit, of the clear yearly value of forty shillings a year, above all rents and charges payable out of the same, wholly issuing out of freehold lands, tenements, or hereditaments, belonging to C. D. of

situate, lying, and being in the parish, township, or place, or in the

The like with

cations as come by de

presentation,

&c.

parishes, townships, or places of

in the county of

without any trust, agreement, matter, or thing to the contrary notwithstanding; and I became seized of the said annuity or rent charge, on the day of

last past, by descent or otherwise" (as the case may happen.)

3. And be it further enacted by the authority aforesaid, That from and after the first day of August, 1764, no person shall vote at any election of a knight or knights of the shire, or of any citizen or citizens, burgess or burgesses, of any such city or town, within that part of Great Britain called England, for or in respect of any annuity or rent charge to be granted after the said first day of June, 1763, unless a memorial of the grant of such annuity or rent charge shall have been registered with the clerk of the peace of the county, riding, or division, or with the clerk of the peace, town clerk, or other public officer, having the custody of the records, within such city or town where Memorial of the lands or tenements out of which such annuity or rent rent charge charge issues shall lie, twelve kalendar months at least required. before the first day of such election ; which memorial shall be wrote on parchment, and directed to such clerk of the peace, town clerk, or other public officer, and shall be under the hand and seal of the grantor or grantors, and attested by two witnesses, one whereof to be one of the witnesses to the execution of such grant; which witness shall, upon oath, before such clerk of the peace, town clerk, or other officer as aforesaid, or their deputies, prove the sealing and delivering of such grant, and the signing and sealing of such memorial ; and which memorial sball contain the day and year of the date, and the names, addi. tions, and abodes, of the parties and witnesses, and all the lands and tenements out of which the annuity or rent charge issues, and the parish, township, or place, or the parishes, townships, and places, where such lands and tenements lie; and that every such grant, of which such Manner of rememorial is so to be registered, shall at the time of enter- gistering the

grant. ing such memorial, be produced to such clerk of the peace, town clerk, or other officer, as aforesaid, or their deputies, who shall thereon indorse a certificate, in which shall be mentioned the day and year on which such memorial shall be so entered.

4. And be it further enacted, by the authority aforesaid, Persons not to That from and after the said first day of August, 1764, no of any assignperson shall vote at any election of a knight or knights of ment of any the shire, or of any citizen or citizens, burgess or burgesses rent charge of any such city or town, in that part of Great Britain made before

1763. called England, by reason of an assignment of any annuity or rent charge, or any part or parts thereof, made before the said first day of June, 1763, unless a certificate of such unless a cer. assignment upon oath, to the purport herein-before men- tificate of the tioned, with respect to an original annuity or rent charge, ity be entered shall have been entered with such clerk of the peace, town as aforesaid : clerk, or other officer as aforesaid, twelve kalendar months at least before the first day of such election, and that no

nal grants.

Books to be

if the assign, person shall vote at any such election as aforesaid, by after the said reason of an assignment of any annuity or rent charge, or 1st June, a memorial, &c.

any part or parts thereof, made after the first day of June, to be attested 1763, unless a memorial of such assignment, and also a and registered memorial of the grant of such annuity or rent charge of eases of origi- which such asssignment shall be made, shall have been

attested and registered twelve kalendar months at least before the first day of such election, in the same manner as is herein-before directed with respect to the memorial of an original grant or rent charge.

5. AND be it further enacted by the authority aforesaid, That the clerk of the peace for every county, riding or division, and the clerk of the peace, town clerk, or other officer

as aforesaid, of every such city or town, shall keep a book kept by otticers for enter- or books for the entering of every such certificate and meing such cer- morial, and shall be allowed for the entry of every such , &

certificate the sum of one shilling, and of every such memorial, two shillings, and no more ; and for every search for

any certificate or memorial, one shilling and no more : and Lees for entry, that any person or persons may, at all seasonable times,

resort to, and inspect the certificates, memorials, and books of entries thereof; and such clerk of the peace, town clerk,

or other officer as aforesaid, or their deputies, is hereby and for copies. directed and required forthwith to give a copy of any cer

tificate or memorial to any person or persons who shall desire the same, paying for such copy, if it contains not more than two hundred words, the sum of six-pence; and so in proportion for any greater number of words; and such clerk of the peace, town clerk, or other officer as

aforesaid, or their deputies, is hereby impowered to admi. administer an nister an oath in all cases where an oath is required by Copies attest- this act; and true copies of the aforesaid certificates and ed by the pro- memorials attested by such respective clerks of the peace, legal evi- town clerk, or other officer as aforesaid, or their deputies,

shall, at all times, be allowed and admitted as legal evidence in all cases whatsoever.

6. Provided always, and be it further enacted by the Memorials of authority aforesaid, That a memorial of such grant or assignments signment as shall be made and executed in any place not made and exe. within forty miles of the office of the clerk of the peace for 40 miles from the respective county, riding or division, or of the town

clerk or other officer as aforesaid, shall be entered and peace, &c. how registered by such clerk of the peace, town clerk, or other

officer as aforesaid, or their deputies, in case an affidavit tered.

sworn, or affirmation of a Quaker, before one of the judges at Westminster, or a master in chancery ordinary or extraordinary, be brought with the said memorial to the said clerk of the peace, town clerk, or other officer, as aforesaid, wherein one of the witnesses to the execution of such grant or assignment shall swear that he or she saw the same executed; and the same shall be a sufficient authority to the clerk of the peace, town clerk, or other officer, or their deputies, to give the party that brings such memorial a certificate of the registering such memorial; which certifi. cate, signed by the said clerk of the peace, town clerk, or

Officer may

dence.

the office of clerk of the

to be regis.

other officer, as aforesaid, or their deputies, shall be taken and allowed as evidence of the registry of the same memorial in all courts of record whatsoever ; any thing herein contained to the contrary notwithstanding.

7. And be it further enacted by the authority aforesaid, That the clerk of the peace of every county, riding, or divi- Officer, or desion, and the clerk of the peace, town clerk, or other tend, upon officer, as aforesaid, of every such city or town, or their reasonable no. deputies, shall upon reasonable notice, attend at any such faction, with election with the book or books of entries of every such the books of certificate and memorial, at the request of any candidate elections. or candidates; he or they making him reasonable satisfaction for such attendance.

8. And be it further enacted by the authority aforesaid, Penalty on of. That if any clerk of the peace, town clerk, or other officer, neglect, &c. . as aforesaid, shall be guilty of any, wilful neglect, misdemeanor, or fraudulent practice, contrary to the true intent and meaning of this act, every such clerk of the peace, town clerk, or other officer, as aforesaid, shall for every such offence, forfeit one hundred pounds to the Penalty. person who shall sue for the same, by action of debt, bill, plaint or information, in any of his majesty's courts of record at Westminster; wherein no essoin, protection, wager of law, or more than one imparlance, shall bé allowed.

9. Provided always, and it is hereby further enacted Limitation of and declared by the authority aforesaid, That no person prosecution. shall be liable to any forfeiture or penalty by this act laid or imposed, unless prosecution be commenced within twelve months after such forfeiture or penalty shall be incurred,

ANNO 100 GEORGII III. CAP. 16.
An Act to regulate the Trials of controverted Elections or

Returns of Members to serve in Parliament. A. D. 1770.

WHEREAS the present mode of decision upon petitions, complaining of undue elections or returns of members to serve in parliament, frequently obstructs public business; occasions much expence, trouble and delay to the parties; is defective, for want of those sanctions and solemnities wbich are established by law in other trials; and is attended with many other inconveniences : for remedy thereof be it enacted, &c. That after the end of the present session of After the preparliament, whenever a petition complaining of an undue

on complaint election or return of a member or members to serve in of undue elecparliament, shall be presented to the house of commons, a cise time to be day and hour shall by the said house be appointed for taking fixed for conthe same into consideration; and notice thereof in writing of.

sidering there. shall be forthwith given, by the speaker, to the petitioners Speaker to and the sitting members, or their respective agents, accorn- thereof, and panied with an order to them to attend the house, at the order attendtime appointed, by themselves, their counsel, or agent.

2. Provided always, That no such petition shall be taken

sent session,

ance.

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