such as have to their free such election, cellent Majesty, by and with the advice and consent of the elections of lords spiritual and temporal, and commons in Parliament members, but assembled, and by authority of the same, that from and been admitted after the first day of May, 1763, no person whatsoever dom twelve claiming as a freeman to vote at any election of members months before to serve in Parliament, for any city, town, port, or borough, in England, Wales, and the town of Berwickupon-Tweed, where such voter's right of voting is as a freeman only, shall be admitted to give his vote at such election, unless such person shall have been admitted to the freedom of such city, town, port, or borough, twelve calendar 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 meaning of this act, he shall for every such offence, forfeit and pay the sum of one hundred pounds to him, her, or them, who shall on penalty of inform and sue for the same; and the vote given by such person shall be void and of no effect. 1001. Persons enti 2. Provided always, that nothing herein contained 3 G.3. c. 15. shall extend, or be construed to extend to any person tled to their entitled to his freedom by birth, marriage, or servitude, freedom by according to the custom or usage of such city, town, riage, or serport, or borough. birth, mar vitude, expected. Penalty of admission of any freeman 3. And be it further enacted, by the authority aforesaid, that if any mayor, bailiff, sheriff, town-clerk, or antedating the other officer of any corporation, or other person whatsoever, shall wilfully and fraudulently antedate, or cause, to 500l. be antedated, any admission of any freemen, such mayor, bailiff, sheriff, town-clerk, officer, or other person, shall, for every such offence, forfeit and pay the sum of five hundred pounds to him, her, or them, who shall inform and sue for the same. 4. And be it further enacted, by the authority afore- The books and said, that the mayor, bailiff, sheriff, town-clerk, or other papers of adofficer of any corporation, having the custody of, or power men to be open mission of free upon the de mand of the agent, or two to be given, ing the same, to inspection over, the records of the same, shall, upon the demand of any candidate or his agent, or any two freemen, on the candidate, his payment of one shilling, permit such candidate, agent, freemen, upon or freemen, between the hours of nine in the morning and payment of 1s. 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 be entered; and to have copies or minutes of the admisAnd copies and minutes of sion of so many freemen, as such candidate, agent, or the admissions freemen shall think fit, upon paying to such mayor, bailiff, paying reason- sheriff, town clerk, or other officer, a reasonable charge ably for writfor writing the same; and such books and papers shall, and the books, if demanded by such candidate, agent, or freemen, be &c. to be proproduced by such mayor, bailiff, sheriff, town clerk, or other officer, at every election, and be referred to, in case any dispute shall 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 hereinbefore set forth, such mayor, bailiff, sheriff, town clerk, or other officer, shall, for every such offence, on penalty of forfeit and pay the sum of one hundred pounds to him, her, or them, who shall inform and sue for the same. duced, if de manded, at every election, 100l. The penalties may be reco vered with full costs of suit. Provided the 5. And be it further enacted, by the authority afore→ said, that all forfeitures or penalties laid or imposed by this act, shall be recovered 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 allowed. 6. Provided always, and it is hereby further enacted prosecution be and declared, by the authority aforesaid, that no person commenced shall be liable to any forfeiture or penalty by this act laid within a year. 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 afore- This act to be said, that the returning officer shall read or cause to be openly read by the returning read openly, this act, at the time of election of members officer at all to serve in Parliament for cities, towns, ports, or boroughs, freemen, imelections by where the right of election is in the whole, or in part, in mediately after freemen as aforesaid, immediately after the reading of the act passed in the 2d 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 Parliament. act 2 G. 2. c. 24. 8. And be it further enacted, by the authority afore- This act not to said, that nothing in this act shall extend or be construed to extend, to the cities of London or Norwich. extend to London or Norwich. oath. The Form of the Candidate's Oath, to be taken (if re- Candidates quired. Vid. p. 10 and 11.) by stat. 9 Ann. c. 5. s. 5. qualification I, A. B. do swear, That I truly, and bona fide, have such an estate in law or equity, 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,) of the annual value of [six hundred pounds for a knight of a shire, or three hundred pounds for any other place,] above reprizes, as doth qualify me to be elected and returned to serve as a member for the [county, city, town, or borough] of according to the tenor and true meaning of the Act of Parliament in that behalf; and that my said lands, tenements, or hereditaments, are lying or being within the parish, township, or precinct of or in the several parishes, townships, or precincts of or in the several counties of in the county of [as the case may be.] Poll Clerks' The Oath to be taken by Poll Clerks at County Elec may tions. As no form of oath is given in the statute, the poll oath at county clerks elections, 7 & 8 be sworn as follows: "I do swear that I will W.3. c: 2. at this election of a member (or members) to serve in H. C. p. 393. Parliament for the county of, truly and indifferently take the poll, and set down the name of each freeholder, and the place of his freehold, and for whom he shall poll, and to poll no freeholder, who is not sworn or put to his affirmation, if so legally required." Poll Clerks' oath in cities and boroughs. 34 G.3. c.73. appointed to administer oaths. So help me God. Oath to be taken by Poll Clerks in all Cities and Boroughs, to be administered by the Returning Officer, by 25 G. 3. c. 84. s. 7. [No form in the Statute.] I do swear, that I will, at this election of a member, or members, to serve in Parliament for the city, town, or borough (as the case may be,) of truly and indiffer ently take the poll, and set down the name of each voter, The Oath to be taken by Persons appointed under the stat. 34 G. 3. c. 73. s. 1. to administer Oaths to Electors. I do swear, that I will faithfully and impartially admioath of persons nister the oaths of allegiance, supremacy, and abjuration, and the declaration of fidelity, and declaration or affirmation of the effect of the said oath of abjuration to such persons as shall lawfully apply to me in that behalf, in order to qualify themselves to vote at this election; and that I will, on being thereunto requested, fairly and truly give to every such person, or any of them, who shall take such oaths, or subscribe such declaration of fidelity, Form of a Certificate of taking the Oaths before a Commissioner, under stat. 34 G. 3. c. 73. s. 2. taken the oaths. A. B. [naming the person taking the oath] of [naming Certificate of the place of such person's abode, and his addition or persons having occupation] has taken the oath or oaths, of [naming the said oath or oaths, so administered] before me, this tend to Mora Form of a Certificate of Quakers subscribing the This will exDeclaration of Fidelity, and affirming the Effect of vians. the Oath of Abjuration before a Commissioner, under stat. 34 G. 3. c. 73. s. 2. scribing. A. B. [naming the person subscribing or affirming] of Certificate of [naming the place of such person's abode, and his addi- persons subtional occupation] has made and subscribed the declaration of fidelity, and affirmed the effect of the oath of abjuration, [or, if only one of those acts has been done, then naming such one act only] before me, this day of C. D. |