Electors of parliamentmen to take oath, if demanded. Electors oath. consent of the lords spiritual and temporal, and commons, or the following or person having or claiming to have a right to vote or be polled at such election, shall, before he is admitted to poll at the same election, take the following oath, (or, being one of the people called Quakers, shall make the solemn affirmation appointed for Quakers,) in case the same shall be demanded by either of the candidates, or any two of the electors: that is to say, "I, A. B. do swear, (or being one of the people called Quakers, I, A. B. do solemnly affirm,) I have not received, or had by myself, or any person whatsoever in trust for me, or for my use and benefit, directly or indirectly, any sum or sums of money, office, place, or employment, gift, or reward, or any promise or security for any money, office, employment, or gift, in order to give my vote at this election, and that I have not been before polled at this election." Which oath or affirmation the officer or officers presiding or taking the poll at such election is and are hereby empowered and required to administer gratis, if demanded as aforesaid, upon pain to forfeit the sum of fifty pounds of lawful money of Great Britain, to any person that shall sue for the same, to be recovered, together with full costs of suit 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 be admitted or allowed; and if the said offence shall be committed in that part of Great Britain, called Scotland, then to be recovered, together with full costs of suit, by summary action or complaint before the court of session, or by prosecution before the courts of justiciary there, for Presiding officer to ad minister it on forfeiture of 501. every neglect or refusal so to do; and no person shall be admitted to poll, till he has taken and repeated the said oath in a public manner, in case the same shall be demanded as aforesaid, before the returning officer, or such others as shall be legally deputed by him. before sworn, § 2. And be it further enacted, that if any sheriff, Sheriff or other mayor, bailiff, or other returning officer, shall admit any officer admitreturning person to be polled without taking such oath or affirma- ting any to tion, if demanded as aforesaid, such returning officer be polled shall forfeit the sum of one hundred pounds, to be reco- to forfeit 1007. vered in manner aforesaid, together with full costs of suit; and that if any person shall vote or poll at such the like penalelection, without having first taken the oath, or if a ty. Quaker, made his affirmation as aforesaid, if demanded, such person shall incur the same penalty, which the officer is subject to for the offence above mentioned. Voters to incur officer after reading the § 3. And be it further enacted by the authority afore- Returning said, that every sheriff, mayor, bailiff, headborough, or other person, being the returning officer of any member writ, to take the following to serve in Parliament, shall, immediately after the oath. reading the writ, or precept for the election of such member, take and subscribe the following oath, viz. 66 as it relates to "I, A. B. do solemnly swear, that I have not, directly Repealed so far or indirectly received any sum or sums of money, office, the returning place, or employment, gratuity or reward, or any bond, officers in Scotland, by stat. bill, or note, or any promise or gratuity whatsoever, 16 G. 2. c. 11. either by myself or any other person to my use, or bene- 5.38.; the s. 35. fit, or advantage for making any return at the present substitutes election of members to serve in parliament; and that I will return such person or persons as shall to the best of my judgment appear to me to have the majority of legal votes. Which oath any justice or justices of the peace of the said county, city, corporation, or borough where such election shall be made, or in his or their absence, any three of the electors are hereby required and authorised of which act another oath for them. What votes shall be 28 G. 3. c. 52. to administer; and such oath, so taken, shall be entered § 4. And be it enacted by the authority aforesaid, that such votes shall be deemed to be legal, which have been deemed legal. Repealed by st. so declared by the last determination, in the house of commons; which last determination, concerning any county, shire, city, borough, cinque-port, or place, shall be final to all intents and purposes whatsoever, any usage to the contrary notwithstanding. 3. 31. so far as respects any de be made subse termination to quent to that act. Penalty of § 5. And be it further enacted by the authority aforewilful perjury. said, that if any returning officer, elector, or person taking the oath or affirmation hereinbefore mentioned, shall be guilty of wilful and corrupt perjury, or of false affirming, and be thereof convicted by due course of law, shall incur and suffer the pains and penalties, which by law are enacted or inflicted, in cases of wilful and corrupt perjury. Persons con victed, never capable to vote. Persons taking money or re forfeit 5001. vote, &c. § 6. And be it further enacted by the authority aforesaid, that no person convicted of wilful and corrupt perjury, or subornation of perjury, shall, after such conviction, be capable of voting in any election of any member or members to serve in Parliament. 87. And be it further enacted by the authority aforeward for their said, that if any person, who hath, or claimeth to have, vote, &c. to or hereafter shall have or claim to have, any right to vote and disabled to in any such election, shall from and after the said 24th day of June, which shall be in the year of our Lord: 1729, ask, receive, or take any money, or other reward, by way of gift, loan, or other device, or agree or contract for any money, gift, office, employment, or other reward whatso ever, to give his vote, or to refuse or forbear to give his vote in such election; or if any person by himself, or any person employed by him, doth or shall by any gift or reward, or by any promise, agreement, or security for any gift or reward, corrupt or procure any person or persons to give any his or their vote or votes, or to forbear to give his or their vote or votes, in any such election; such person so offending in any of the cases aforesaid shall, for every such offence, forfeit the sum of five hundred pounds of lawful money of Great Britain, to be recovered as before directed, together with full costs of suit : and every person offending in any of the cases aforesaid, from and after judgment obtained against him in any such action of debt, bill, plaint, or information, or summary action, or prosecution, or being any otherwise lawfully convicted thereof, shall for ever be disabled to vote in any election of any member or members to Parliament; and also shall for ever be disabled to hold, exercise, or enjoy any office or franchise, to which he and they then shall, or at any time afterwards may be entitled, as a member of any city, borough, town corporate, or cinque-port, as if such person was naturally dead. within twelve nified. 8. And be it further enacted, by the authority afore- Offenders, said, that if any person offending against this act shall, months after within the space of twelve months next after such election the election as aforesaid, discover any other person or persons offend- others, indemdiscovering ing against this act, so that such person or persons so discovered be thereupon convicted, such person so discovering, and not having been before that time convicted of any offence against this act, shall be indemnified, and discharged from all penalties and disabilities which he shall then have incurred by any offence against this act. read by the re §9. And for the more effectual observance of this act, 2 G. 2. c. 24. be it enacted, that all and every the sheriffs, mayors, bai- This act to be liffs, and other officers, to whom the execution of any turning officer after reading writ or precept for electing any member or members to the writ serve in Parliament shall belong or appertain, shall, and are hereby required, at the time of such election, immediately after the reading such writ or precept, read or cause to be read openly before the electors there assembled this present act, and every clause therein contained; and D And at the quarter sessions after Easter. Wilful offence forfeits 501. Prosecution to commence within two years. No person the same shall also openly be read once in every year, at the general quarter sessions of the peace, to be holden next after Easter, for any county or city; and at every election of the chief magistrate in any borough, town corporate, or cinque-port; and at the annual election of magistrates and town counsellors for every borough within that part of Great Britain called Scotland. § 10. And be it further enacted, by the authority aforesaid, that every sheriff, under sheriff, mayor, bailiff, and other officer, to whom the execution of any writ or precept for the electing of members to serve in Parliament doth belong, for every wilful offence, contrary to this act, shall forfeit the sum of fifty pounds, to be recovered, together with full costs of suit, in the manner before directed. §11. Provided always, and it is hereby declared and enacted by the authority aforesaid, that no person shall be made liable to any incapacity, disability, forfeiture, or 9G. 2. c. 38. penalty by this act laid or imposed, unless prosecution be commenced within two years after such incapacity, disabipenalty, unless lity, forfeiture or penalty shall be incurred, or in case of a prosecution, the same be carried on without a wilful deprocess within lay; any thing herein contained to the contrary notwithtwo years after the offence. standing. liable to any arrested or served with Act against occasional freemen voting. The stat. 3. G. 3. c. 15., An Act to prevent occasional Freemen from voting at Elections of Members to serve in Parliament for Cities and Boroughs. (To be read at all Elections where the Right of Election is in the whole, or in part, in Freemen.) "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 pracas freemen at tices for the future, Be it enacted by the king's most ex None to vote |