Great Britain.

Laws concerning the election of members of Parliament : with the determinations of the House of Commons thereon, and all their incidents : continued down to the present time : the whole digested under proper titles : also an appendix of precedents, with a table of the principal matters online

. (page 5 of 24)
Online LibraryGreat BritainLaws concerning the election of members of Parliament : with the determinations of the House of Commons thereon, and all their incidents : continued down to the present time : the whole digested under proper titles : also an appendix of precedents, with a table of the principal matters → online text (page 5 of 24)
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makes Eleftion for another Place, the Speaker iffues a War-
rant to the Clerk of the Crown, upon Motion, to make a Writ
for another Eleftion at the vacant Place ; fo, if the Perfon
elefted accepts an Office, be made a Peer, l£c, though there
be a Petition depending for the Eleftion at the fame Place, if »t
Jke^not againft him who dies, &c. or, there was not any Can-
didate, but the Perfon* who are returned. 4 Com. Dig. 285.
The Writ of Summons fhall be, tejie the King, or tejie the
Chief Juftice, or Guardian of the Realm. 4 Injh 6.

H Or if a Vacancy happens during Parliament, the Speaker,
by Order of the Houfe. Black. Com. 171.

delivered



( 4* )

delivered to the Officer to whom the Execution
thereof doth belong, and no other Perfon •, and fuch
Officer upon Receipt of the Writ, fhall, upon the
Back thereof, indorfe the Day he received the
fame, and forthwith make out the Precept to each
Borough or Place ; and within three * Days after
Receipt of the Writ fhall deliver fuch Precepts to
the proper Officer of every fuch Borough, &c. and
to no other Perfon -, and fuch Officer upon the
Back of the Precept, fhall indorfe the Day of the
Receipt thereof, in the Prefence of the Party from
whom he received fuch Precept, and fhall forth-
with caufe Public Notice to be given of the Time
and Place of Election, and fhall proceed to Elec-
tion thereupon within eight Days after his Receipt
of the Precept, and give four Days Notice at leaffc
of the Day appointed for the Election.'*

By Stat. 10 Ann c. 23. feft. 8. " If any Quaker
fhall upon Election, if required by the Candi-
dates, declare the Effect of the Oath required of
cf Eleftors upon his folemn Affirmation, fuch
Quaker fhall be admitted to vote, and the Sheriff
Jhall enter affirmat againfl the Name of fuch
Quaker ; and in cafe fuch Quaker fhall be con-
victed of having wilfully, falfly and corruptly af-
firmed any Thing, which, if the fame had been
in the ufual Form, wouid have amounted to wil-
ful and -corrupt Perjury, fuch Quaker fhall incur
the Penalties of wilful and corrupt Perjury."

By Stat. 2 Geo. 2. c. -f 24. fett. 1. " Upon every
Election for any Member to ferve for the Commons

* The proper Officer of the cinque Ports (hall be allowed fix
Days from the Receipt of fuch Writ for the Delivery of the
Precept, according to the above Statute, iocif n W. \. cTp.
/ea. 2.

f This Aft is not confined only «o Candidates and Perfons
employed by them, but it extends to all Perfons whomfoever ;
fthe Words being as plain and as general as poffible. Andr. 249.

in.



( 43 J

in Parliament, every Freeholder, Citizen, Free-
man, Burgefs, or Perfon having Right to * vote,
fhall, before he is admitted to Poll, take an Oath
(or being a Quaker, make the folemn Affirmation)
in cafe the fame be demanded by either of the
Candidates, or any two Electors. See Appendix
No. XI. And no Perfon (hall be admitted to Poll
till he has taken the Oath, if demanded, before
the returning Officer or others legally deputed by
him"

By Sett. 2. " If any Sheriff or other returning
Officer, fhall admit any Perfon to be polled with-
out taking fuch Oath, &c. if demanded, fuch re-
turning Officer fhall forfeit one hundred Pounds
with Cofls ; and if any Perfon fhall vote without
having firft taken the Oath, &c. if demanded, he
fhall incur the fame Penalty.'*

By SeSi. 3. " Every Sheriff or other returning
Officer, fhall, immediately after reading the Writ
or Precept for the Election, take and fubfcribe the
Oath, ,No. XXVII. of the Appendix ; which Oath
any Juftice of Peace of the County, City, Corpora-
tion or Borough, where the Election fhall be made,
or in his abfence any Three of the Electors, are
required to adminifter ; and the Oath fhall be en-
tered among the Records of the Sefiions."

By Sett. 5. " If any returning Officer, or Perfon
taking the Oath, &V. fhall be guilty of wilful
Perjury, or of falfe affirming, and be thereof con-
victed, he fhall fuffer the Pajns of wilful and cor-
rupt Perjury."

By Seel. 7. " If any Perfon who fhall claim a

Right to vote in any fuch Election, fhall receive

jioy Money or other Reward, or agree for any

* It might not be amifs, if the Members elefled were bound
to take this Oath, as well as the Oath of Abjuration ; which in
all Probability wou|d be much more effectual, than admini-
{tring it only to the Electors. Black. Com. 173, 174.

Money,



( 44 )

Money^Gift, J}ffic^Emj^yjae^^
wa rd, to give his Voter or to forbcaTtQ-giyc
fijTVote, in an y fuch Electio n, r^rjTany_££rjgn
(hall, by any Gift or Reward , or by any Prom ife
or Security for any Gift or Reward, corrupt of
procuje_atvy_Perion to j^ejiisjyote^ .orto_^rbeir
tjTgi ve his Vote; thejOfTen der fhall forfeit_fi ve
fiu ndredJPounds , to bFrecovcred with Colts : and
any Perlon offending in the faid Cafes, after Judg-
ment obtained againft him in any Action of Debt,
£fr. orfummary Action, or Profecution, or being
otherwife lawfully convicted, mail be for ever dis-
abled to vote in any Election of Members to ferve in
Parliament ; a nd fhall for ever be difabled to hold
or enjoy any Office or Franchife, as a Member of
any City, Borough, or cinque Port."

BySecJ. 8. " If any Perfon offending againft this
Act, fliall within Twelve Months after fuch Elec-
tion, difcover any other Perfon offending againft this
Act, fo that the Perfon difcovered be convicted,
the Perfon difcovering, and not having before been
convicted, fhall be * indemnified from all Penal-
ties and Difabilities which he fhall then have in-
curred by any Offence againft this Act.'*

By 6>#. 9. " Every Sheriff or other Officer, to
whom the Execution of any Writ or Precept for
electing any Member fhall belong, fhall, at the
Time of fuch Election, immediately after the Writ
or Precept, caufe to be read before the Electors this
Act, and the fame fhall alio be read once every
Year, at the Quarter Seffions next after Eafter, for
any County or City •, and at the Election of the
Chief Magiftrate in any Borough, Town Corpo-
rate, or cinque Ports" „ .

* In like Manner the Julian Law it Ambitu, infli&s Fines
and Infamy upon 211 who were guilty of Corruption at Elec-
tions ; but if the Perfon guilty convitted another Offender, be
was rciiored to his Credit again. Black. Cm. 173.



( 45 )

By Sett. 10. "Every Sheriff, Under-fherrfT, am$
other Officer to whom the Execution of any Writ
or Precept for the electing of Members doth be-
long, fhall, for every wilful Offence contrary to
this Act forfeit fifty Pounds, to be recovered with.
Cofts."

By Seft. ii. "No Perfon fhall be liable to any
Iocapacity or Penalty by this Act, unlefs Profecu-
tion is commenced within Two * Years, after fucb
Incapacity, &c. fhall be incurred and carried on
without delay."

By Stat. \$Geo. 2. c. 28. Jbft. 1. " Every Per-
fon demanding to vote for the Election of any
Member to ferve in Parliament, for any City or
Town, being a County of itfelf in England^ in re-
fpect of any Freehold Eftate of Forty Shillings a
Year, mall* before he is admitted to Poll (if re-
quired by any of the Candidates, or other Perfon
having a Right to vote) take the Oath (or being a
Quaker, the Affirmation) No. XIII. of the Appen-
dix ; which Oath the Sheriff or Under- fheriff, or
fuch fworn Clerk as fhall be by him appointed for
taking the Poll, is to adminifter : and in cafe any
Perfon taking the faid Oath or Affirmation, fhall
thereby commit wilful Perjury, and be convicted %.
and if any Perfon corruptly procure or fuborn any
Perfon to take the faid Oath in-order to be polled,,
whereby he fhall commit wilful Ferjury, and fhall
be convicted j they for every fuch Offence fhall
incur fiich Penalties as are inflicted by 5 Eliz. c. 9.
and 2 Geo. 2. c. 25."

By Seft. 13. M Nothing herein contained fhall
extend to any City or Town, being a County of

^^* No Perfon (hall be liable to any Penalty by this Aft, unlef*
fuch Pertbn (hall be legally arretted, or ferved with Ptocefs,
within two Years after any Offence againlt the faid Ait com-
mute i ; fo as the Service of fuch Procefs be not prevented by>
fuch Ptiion abfeondirg. Slat. 9 G<o. 2. c. 38. -

itfelf,



C 46 )

itfelf, or to any Perfon, where the Right of vot-
ing for any Member of fuch City or Town is in
refpedt of Burgage Tenure •, or where the Right
of voting in refpect of a Freehold, does not re-
quire the fame to be of the yearly Value of Fort/
Shillings."

Thefe Proceedings I mall confider as they effect,

1. The Election of Knights of the Shire.

2. The Election of Citizens and Burgeffes.

3. The Election for the City 0/ London.



1.



The Election of Knights of the Shire.



A Writ goes to the Sheriff of every County in
England, commanding him to caufe two molt fit and
difcreet Knights of his County, girt with Swords,
to be chofen. Co. Lit. 109. b. 4 Inji. 6. Anno 4
Hen. 3. a "Writ of Summons was directed to the
Sheriff of every County, that he caufe to come two
of the moft lawful and difcreet Knights of each
County. Dugd. Sum. Pari. 3. Cot. Abr. Pr<ef. 13.
b. and from that Time the Counties of Bedford,
Berks, Bucks, Cambridge, Kent, Cornwall, Cumber-
land, Derby, Devon, Dorfet, York, Effex, Gloucefler,
Hereford, Hertford, Huntingdon, hancafter, Leicefter,
Lincoln, Middlefex, Norfolk, Northampton, Northum-
berland, Nottingham, Oxford, Rutland, Salop, Somer-
ftt, Southampton, Stafford, Suffolk, Surry, Suffex,
Warwick, Weflmoreland, Wilts, and Worcefttr, have
fent each of them two Knights. 4 Cam. Dig. 284.

By Stat. 7 Hen. 4. c. 15. "The Elections of
Knights of Shires (hall be made as follows, vipe
At the Meeting of the next County after Delivery
of the Wrjt, Proclamation fhall be made of the
Day and Place of the Parliament, and that all who
te prefent fhall attend to the Election of their

Knights \



r 47 )

Knights ; and then in full County they fhall pro-
ceed to the Election * freely."

By Stat. 23 Hen. 6. c. 14. feet. 2. " Every
Sheriff that maketh not due Election of Knights ir*
convenient Time, viz. every Sheriff in his full
County between the f Hours of Eight and Eleven
before Noon.'*

By Stat. 7 & 8 W. 3. c. 25. fict. 3. «f Upon
every Election of any Knight of the Shire, the
Sheriff fhall hold his County Court for the Election
at the moft public and ufual Place of Election, and
where the fame has moft ufually been for forty
Years, and fhall there (proceed to Election at the
next County Court, unlefs the fame fall out to be
held within fix Days after the Receipt of the Writ,
or upon the fame Day, and then fhall adjourn the
Court to fome convenient Day, giving J ten Days
Notice of the Time and Place of Election."

It may be judged who are elected, by hearing of
the Voices, or View of the Hands held up. PL
Com. 1 2 3. 126. a. But if the Freeholders de-
mand a Poll, the Sheriff ought not torefufe it, for
upon View he cannot judge who have Freeholds,
and he ought not to refufe it, though the Party
waives it; fo, if the Party demand a Poll, he ought
not to refufe it. 4 Infi. 48. and now by. fiat. 7 & &

* And by Stat, i W. &f M. Sejf. 2. c. 2. and flat. zW.&
M. c. 7. ** It is declared, that Elections to Parliament ought
to be free. H See p. 15.. — Sir Edward Coke faid, though the
Statute directs that the Election fliould be free,, yet never- was-
there any Election, wherein Men did not labour their, Friends
by Lrtter, and Entreaty for their Voices. Debates of the Com-
mons, Oxf. edit. 1766. /. 23.

f But it is fuffident, if the Election be begun between thofe-

HE ^. 4 In/t. 48.

\ When the County Court falls out to be held within fix
Days after the Receipt of the Writ, or upon the fame Day, no
Sheriff mall adjourn lucb Court for longer than- fix'.cen Days, by
Stat. i8GVff. 2. c. 18. fed. 10.

it.



( 4» )
W* 3. e. 25. feet. 3. in cafe the Election be not
determined upon the View, but a Poll mail be re-
quired, the Sheriff or Under-fheriff, with fuch
others as fhall be deputed by him, fhall forthwith
proceed to take the Poll in fome open Place or
Places; the Sheriff or Under-fheriff, or fuch as he
fhall depute, (hall appoint fuch Number of Clerks
as (hall feem meet for taking thereof •, which Clerks
(hall all take the Poll in the Prefence of the Sheriff,
or his Under- (heriff, or fuch as he fhall depute ;
and before they begin to take the Poll, every
Clerk (hall, by the Sheriff or Under-Sheriff, be
fworn truly and indifferently to take the fame,
and to fet down the Names of each Freeholder, and
the Place of his Freehold, and for whom he fhall
poll, and to poll no Freeholder who is not fworn,
if required by the Candidates ; and the Sheriff,
&c. (hall appoint for each Candidate fuch one Per-
fon as (hall be nominated by each Candidate to be
Infpector of every Clerk."

By Sect. 5. " The Sheriff, &c. or fuch as
he (hall depute, (hall proceed to Polling all the
Freeholders prefent, and (hall not adjourn the
County Court to any other Place, without the
Confent of the Candidates, nor (hall by any unnef-
fary Adjournment protract the Election, but (hall
duly proceed from Day to Day."

By Sect. 9. " All County Courts for the County
ofTork, or any other County Courts which ufed
to be held on a Monday, (hall be begun on a Wed-
nefday"

By Sect. 10. " The Sheriff of the County of
Southampton, at the Requeft of one of the Candi-
dates for that County, (hall adjourn the Poll from
Winchejler, after every Freeholder there is polled,
to Newport in the Ifle of Wight**

By 10 Ann c. 23. feci. 5. " In taking the Poll,
the Sheriff, or his Under-fheriff and Clerks, fhali

enter,



( 49 ) ,

enter* not only the Place of the Elector's Free-
hold, but alfo the Place of his Abode, and fhall
alfo enter jurat againft the Name of every fuch
Voter who mail take the Oath, (appointed * by 18
Geo. 2. c. 18.) and the Sheriff, or returning Of-
ficer, fhall, within twenty Days after fuch Elec-
tion, deliver over upon .Oath (which Oath the
two next Juftices of Peace, one of the quorum^ are
to admimfterj unto the Clerk of the Peace, all
the Poll- books of fuch Elections, without any Al-
teration •, and in fuch Counties where there are
more than one Clerk of the Peace, the original
Poll books to one of the Clerks of the Peace, and
attefted Copies thereof to the reft, to be kept
among the Records of the Peace." <

By Seft. 6. " The Sheriff of the County of York
mail appoint feven Tables for taking the Poll upon
any Election of Knight of the Shire, at the Cofts
the Candidates."

• For the Form fee Appendix, N°. XII. which Oath the
Sheriff or Under- fheriff, or fuch fworn Clerk as (ball be by him
appointed for taking the Poll, is to adminifler : And in cafe
any Perfon taking the faid Oa'.h o- Affirmation, fhall thereby
commit wilful Perjury, and be convicted; and if any Perfon
corruptly procure or fuborn any Perfon to take the faid Oath in
order to be polled, whereby he fhall commit wilful Perjury,
and (hall be convicted ; they for every fuch Offence fhall incur
futfh Penalties as are inflicted by 5 E/iz. c. 9. Iff 2 Geo. 2. c.
25. 19 Geo. 2. c. 28. fed. I.

Note, the Punifhment in c, E/iz. c. 9. [perpetuated by 29
E/iz. c. 5. 21 Jam. c. 28. fed. 8.] is, for every Offence, to
forfeit twenty Pounds; half a Year s Imprifonment, and to be;
incapacitated to take an Oath till the Judgment be reverfed,
and for want of twenty Pounds, to have their Ears nailed to the
Pillory. Sea. 6, 7.

^pr. Subornation of Perjury to forfeit forty Pounds, and be
incapacitated, and for Want of forty Pounds, to fland an Hour
in the Pillory. Sett. 3, 4, 5. Derides the above Punifhments,
the Offender is liable to Tranfportation for feven Years ; by
Jlat. 2 Geo. 2. c. 25. perpetuated by 9 Geo. 2. c. 18.

E By



( 5° )

By 1 8" Geo. 2. c. 18. feet. 7. "At every Elec-
tion in England and Wales, the Sheriff, or in his-
Abfence, the Under-lheriff, or fuch as he fhall de-
pute, (hall appoint or erect, at the Expence of the
Candidates, fuch Number of Booths or Places for
taking the Poll, as any of the Candidates fhall*.
three Days at lead before the Commencement of
the Poll, defire ; lb as the fame do not exceed the
Number of Rapes, Laths, Wapentakes, Wards, or
Hundreds within the faid County, and not exceed-
ing in the Whole the Number of fifteen; and fhall
affix on the moil public Part of each the Name
of the Rape, &c. for which fuch Booth is de-
figned : and the Sheriff, &c. fhall appoint a Clerk
or Clerks at each Booth to take the Poll (who
fhall at the Expence of the Candidates be paid not
exceeding one Guinea -per Day, each Clerk) and
the Sheriff or Under- fheriff, fhall alfo make out a
Lift for each Booth, of all the Towns, Villages,
Parifhes, and Hamlets, lying wholly or in part in
the Rape, 6?r. for which fuch Booth is defigned ;
and mall upon Requeft, deliver a Copy thereof to
any of the Candidates, or their Agents, taking for
each Copy two Shillings, and no more."

By -Sett. 8. "No Sheriff, Under-fheriff, or Clerk
appointed to take the Poll at any of the faid Booths,
fhall admit any Perfon to vote for any Freehold
Eftate fworn to be at fome Parifh or Place not men-
tioned in the Lift fo made out for fuch Booth, un-
lefs fuch Eftate lie in fome Place not mentioned in
any of the Lifts.

By Sect. 9. " The * Sheriff, or in his Abfence,

* Se#. 6. 8, 9, 10, 11 fcf 12, of Stat. 19 Geo. 2. c 28.
have the very fame Regulations and Provifions, and tntbft
verbatim, with refped to Perfons voting for a Member for any
City or Town, being a County of itfelf, as are made by fetf.
9. 12, 13, 14, 15 iff 16, of the above abftraded Aft of 18
Geo. 2. c. 28, with rtfpeft to Perfons voting for Knights of the
Shire.

the



C 5i )

the Under-fherirT, or fuch as he fhall depute, (hall
at every fuch Election, allow a Cheque-book for
every Poll book for each Candidate, to be kept by
their refpective Infpectors, at every Place where
the Poll fhall be taken."

By SeEf. 12. "In cafe any Sheriff or Under-
fheriff, who (hall prefide at any Election of any
fuch Knight of the Shire in England or Wales, fhall
wilfully offend againft this Act, he fhall be profe-
cuted by Information or Indictment in the Court
of King's Bench, or in the Courts of Great SefTions
in Wales, or at the SefTions for the County Palatine
of Chejler, Lancajler, and Durham, or at the Af-^
fizes for the Place where fuch Offence fhall be com-
mitted, in which no noli frofeqid or cejfet procerus
fhall be granted."

By Seft. 13. " It fhall be fufficient for the Plain-
tiff in any Action of Debt given by this Act, to
fet forth in the Declaration, that the Defendant is
indebted to him in the Sum of and

to alledge the particular Offence for which fuch
Action is brought, and that the Defendant hath
acted contrary to this Act ; without mentioning
the Writ of Summons to Parliament, or the Re-
turn thereof: and it fhall be fufficient in any In-
dictment or Information for any Offence contrary
to this Act, to alledge the particular Offence, and
that the Defendant is guilty thereof, without men-
tioning the Writ of Summons to Parliament or the
Return thereof : and upon trial of any Iflbe in any
Action, Indictment or Information, the Plaintiff,
Profecutor, or Informer, fhall not be obliged to
*,prove the Writ of Summons to Parliament, or the
Return thereof, or any Warrant to the Sheriff
grounded upon fuch Writ of Summons."

By Seel. 14. " Every Action, Indictment, or
Information given by this Act, fhall be commenced

E 2. within



( 52 )
within nine Kalendar Months after the fact upon
which the fame is grounded."

By Seel. 1 5. " All the Statutes of Jeofails (hall
extend to all Proceedings in any Action, Indict-
ment, or Information given by this Act "

By Seel. 16. " In cafe the Plaintiff or In-
former, in any Action, Indictment, or Informa-
tion, given by this Act, dilcontinue or be nonfuit-
ed, or judgment be given againfl him, the De-
fendant mall recover treble Cofts."

By Stat. 19 Geo. 2. c. 28. feci. 7. " The Sheriff
or Sheriffs of every City or Town, being a County
of itfelf, and having a Right to elect a Member of
Parliament, by Virtue of the Writ iffuing out of
Chancery without any Precept thereupon, in Eng-
land, mall forthwith upon the Receipt of the Writ
caufe public Notice to be given of the Time "and
Place of Election ; and proceed to Election within
eight Days next after that of his Receipt of the
Writ, and give three Days Notice thereof at leaft,
exclufive of the Day of the Receipt of the Writ,
and of the Day of Election."

2. The Eleclion of Citizens £*? Burgeffes.

Members for Cities and Boroughs are chofen by
Virtue of the King's xWrit, and the Sheriff's Pre-
cept grounded thereupon, the Precept being di-
rected to the Mayor, or other returning Officer.

A Writ to the Sheriff of every County com-
mands that from * every City of his County, two

• Anno 49 Hen. 3. A Writ of Summons was diretted to,th<j •
Citizens of York, and required them to fend to Parliament two
of the moll difcreet, leige, and worthy Citizens, &e. Dugd.
Sum. Pari. 3. Citizens and Burgefles, were not afterwards
fummoned with the Knights of Shires to Parliament, till 23
Edw. 1. but the King fent them Commiffioners, who affeffcd,
or levied upon them the fame, or a greater Tax than was grant-
ed






( 53 )

Citizens, &c. Co, Lit. 109. b. 4 Inft. and from *
every Borough two Burgefles of the moft difcreet
and iufficient. Co. Lit. no.

A Citizen is the moft worthy, but his Election
agrees in all Refpects with the Election of a Bur-
gefs, by Holt. Ch. Juft. 2 Lord Raym. 951. 6
Mod. 51.

The Election in a Borough is by Perfons who
hold by Burgage Tenure, or by the Burgefles of a
Corporation ; the Right of a Vote for Electing
Burgefles to Parliament is incident to every Bur-
gage Tenure. The Election by the Burgefles of a
Corporation is a perfonal Privilege given by Pre-
fcription, or Charter, and is a Right veiled in the
whole Corporation, to be exercifed by every Mem-
ber thereof. 6 Mod. 51, 52. Lord Raym. 95*
Salk. 20. 3 Salk, 18.

3. The Election of Citizens 0/ London.

By 11 Geo. c. 18. fett. 1. " Upon every Elec-
tion of Citizens to ferve in Parliament for the City
of London^ the prefiding Officers (hall, in cafe a
Poll be demanded by any of the Candidates, or
two of the Electors, appoint Clerks to take the
Poll in the Prefence of the prefiding Officer, and
be fworn by him, truly and indifferently to take
the fame, and to fet down the Name of each voter,
and the Place of his Abode, and for whom he fliall
Poll, and to poll no Perfon who fhall not be fworn,
or being a Quaker, fhall not affirm, according to

' -*4^y I^nights of Shires. Brad. Treat, de Burg. 25 to 32. Dug-
dale mentions the fecond Summons, 22 Edzv. 1. Dugd. Sum.
Pari. 7.

* So it was done, Anno 49 Hen. 3. Dugd. Sum. Pari. 3.
Burgefles were not afterwards fummoned to Parliament till 22
or 23 Edw. 1. Brad. Treat, de Burg. 25, &c. Dugd. Sum.
Pari. 7.

E 3 this



( 54 )

this A 61 : And every Perfon before he is admitted
to poll at any Election of Citizens to ferve in Par-
liament, mall take * Oath, [N°. X. of the Ap-
pendix"! or being a Quaker, mail folemnly affirm
the Effect thereof."

By Sect. 2. "All Perfons having Right to vote
at fuch Flection mall (if required by any of the
Candidates or any two of the Electors) take the
Oaths in the Act of f 1 Geo. Jiit. 2. c. 13 fett. I J
for the Security of his Majefty's Perfon and Go-
vernment, &c. or being a Quaker, affirm the
Effect thereof ; and the prefiding Officers at fuch
Elections, and fuch fvvorn Clerks, are impowered
to adminifter the above-mentioned Oath ; and if
fuch prefiding Officer or Clerk offend in the Pre*
miffes, he fhall forfeit fixty Pounds befides Cofts."

By Sett. 3. " If any Perfon mall falfely and cor-
ruptly take the faid Oaths or Affirmations, and be
thereof convicted by Indictment or information, or
if any Perfon fhall corruptly procure or fuborn any
other Perfon to take the fame, and fhall be thereof
convicted, the Offender fhall fuller as Perfons con-
victed of wilful and corrupt Perjury at common
Law."

By Sett. 4. " If it be demanded at the above men-
tioned Election, the prefiding Officer fhall begin
the Foil the Day it fnall be demanded, or the next
Pay, and mall proceed therein therein from Day to
Day, until fuch Poll be flnifhed •, and fhall finiffi
the Poll by Election by Livery-men within (even
Days after the commencing the fame ; and, fhall
upon adjourning the Poll on each Day, feal up the
Books with the Seals, and in the Prelence of fuel*,



Online LibraryGreat BritainLaws concerning the election of members of Parliament : with the determinations of the House of Commons thereon, and all their incidents : continued down to the present time : the whole digested under proper titles : also an appendix of precedents, with a table of the principal matters → online text (page 5 of 24)