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late majesty, king William, intituled, An act 6 Ann. c. 23. "that the solemn affirmation and declaration

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of the people called Quakers, shall be ac"cepted instead of an oath in the usual form," (which oath or declaration the sheriff, president of the meeting, or chief officer taking the poll at any election of members to serve in the house of commons for any place in Great Britain, or commissioners for choosing burgesses for any place in Scotland, at the request of any candidate or other person present at such election, are hereby impowered and required to administer) shall not be capable of giving any vote for the election of any such member to serve in the house of commons for any place Great Britain, or commissioner to choose burgess for any place in Scotland.

in

a

7 & 8 W 3. C. 34.

Incapable of voting for elec. ber for any

tion of mem

place in Great Britain, or commissioner to choose a burgess for any

land.

Quakers de

claring on
tion not liable
penalties, by

their affirma

to

6 Ann. c. 14.

14. Provided always, and be it enacted by place in Scot the authority aforesaid, that if any person, being a Quaker, shall refuse to take the said oath, being tendered to him in pursuance of an act made in this present session of parliament, intituled, "An act for the better se"curity of her majesty's person and govern"ment," but shall, instead thereof declare the effect of the said oath, upon his solemn affirmation, as directed by an act of parliament made in the seventh year of the reign of his late majesty, king William the third, intituled, "An act that the solemn affirmation and de- (1 Geo. 1, st. 2. "claration of the people called Quakers, shall c.6.) "be accepted instead of an oath in usual form," which affirmation shall be adminisnistered to such Quaker instead of the said oath, such Quaker shall not be liable to any the penalties or forfeitures for refusing the said oath when tendered to him, contained or men

7&8 W.3.

c. 34.

6.Ann. c. 23. tioned in the said act, intituled, "An act for "the better security of her majesty's person " and government.”

6 Ann. c. 14.

A. D. 1707.

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After the end of the parlia

ment no conveyance whereon infe

The Stat. Anno 12° Anna, Cap. 6.

An Act for the better regulating the Elections
Members to serve in Parliament, for that
Part of Great Britain called Scotland.

"WHEREAS of late several conveyances of estates have been made in trust or redeemable "for elusory sums, no ways adequate to the "true value of the lands, on purpose to create "and multiply votes in elections of members to "serve in parliament for that part of Great "Britain called Scotland, contrary to the true "intent and meaning of the laws in that be"half," Be it therefore enacted, by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal offment is not and commons in this present parliament assembled, and by the authority of the same, That from and after the determination of this prebefore the teste sent parliament, no conveyance or right whatshall entitle to soever whereupon infeoffment is not taken and seizin registrated, one year before the teste of Scotland; nor if the writs for calling a new parliament, shall any election happen during upon objection made in that behalf, entitle the person or persons so infeoft, to vote or to be elected at that election in any shire or stewartry in that part of Great Britain called Scotland; and in case any election happen during the con

taken, and

seizin regis

tered, a year

of the writ,

vote or be

elected in

the continu

auce of a par

liament.

tinuance of a parliament, no conveyance or right whatsoever, whereupon infeoffment is not taken one year before the date of the warrant for making out a new writ for such election, shall, upon objection made in that behalf, entitle the person or persons so infeoft, to vote or be elected at that election; and that from and after the said day, it shall and may be lawful to or for any of the electors present, suspecting any person or persons to have his or their estates in trust and for the behoof of another, to re- Any elector quire the preses of the meeting to tender the following oath to any elector; and the said preses is hereby empowered and required to administer the same in the following words, videlicet:

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"I, A. B. do, in the presence of God, "clare and swear, that the lands and estate of for which 1 claim to give my vote in "this election, are not conveyed to me in trust, "or for the behoof of any other person whatsoever; and I do swear before God, that nei"ther I, nor any person to my knowledge, in "my name, or by my allowance, hath given, "or intends to give, any promise, obligation, "bond, back-bond, or other security, for redisponing or re-conveying the said lands and "estate, any manner of way whatsoever; and "this is the truth, as I shall answer to God."

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the

may require preses to tender an oath to one whom he

suspects to in trust.

have an estate

The oath. Another oath is this by the stat. 2. see post cxliv.

substituted for

7 Geo. 2. c. 16.

not vote.

And in case such elector refuse to swear, and Refusing, shall also to subscribe the said oath, such person or persons shall not be capable of voting, or being elected at such election.

tions as allow

2. Provided always, That notwithstanding Other objec such oath taken, it shall be lawful to make such able by law.

19 Ann. c. 6. other objections as are allowed by the laws of Scotland against such electors.

No infeoffment

able right (ex

cept proper

shall entitle to

vote or be

elected.

3. And be it further enacted and declared by or any redeem- the authority aforesaid, That no infeoffment taken upon any redeemable right whatsoever wadsetts, &c.) (except proper wadsetts, adjudications, or apprisings allowed by the act of parliament relating to elections, in 1681) shall entitle the person so infeoft to vote or be elected at any election in any shire or stewartry*; and that no person or persons, who have not been inrolled, and voted at former elections, shall, upon any pretence whatsoever, be inrolled or admitted to vote at any election, except he or they first produce a sufficient right or title to qualify him or them to vote at that election, to the satisfaction of the freeholders formerly inrolled, or the majority of them present; and the returning officers are hereby ordained to make their returns of the persons elected by the majority of the freeholders inrolled, and those admitted by them, reserving always the liberty of objecting against the persons admitted to, or excluded from the roll, as formerly.

Sheriffs, &c. shall, on pe

make public intimations three days

4. And be it further enacted by the authority nalty of 50l. aforesaid, That all sheriffs of shires, and stewarts of stewartries, shall be obliged, under the pain of fifty pounds sterling, one moiety before the day whereof shall be to the queen's most excellent majesty, her heirs and successors, and the other moiety to the person or persons who shall sue for the same, to be recovered before the court of session, by any action summarily, without

of election.

*The whole of the remainder of this section is repealed by the 16 Geo. 2. c. 11. § 1.

abiding the course of the roll, to make the public intimations required by the laws of Scotland, at the several parish churches within their respective jurisdictions, at least three days before the dyet of elections.

12 Ann. c. 6.

rights of heirs

5. Provided always, That the right of appa- Saving the rent heirs in voting at elections by virtue of and husbands. their predecessors' infeoffments, and the right of husbands, by virtue of their wives' infeoffments, be and is hereby reserved to them, as formerly; any thing in this act contained to the contrary notwithstanding.

whereof infe.

oftment is taken before 1713, shall entitle to vote parliament.

1st of June,

for members of

6. Provided also, That any conveyance of Any Fight right, which by the laws of Scotland is sufficient to qualify any person to vote in the elections of members to serve in parliament for shires or stewartries, and whereupon infeoffment is taken, on or before the first day of June, in the year of our lord 1713, shall entitle the person or persons so infeoft, to vote at the elections of members to serve in the next ensuing parliaments any thing herein contained to the contrary notwithstanding.

7. Provided always, and it is hereby declared to be the true intent and meaning of this act, Husbands not That no husbands shall vote at any ensuing to vote by vir election, by virtue of their wives' infeoffiments, tue of their who are not heiresses, or have not right to the ments, unless property of the lands on account whereof such they are vote shall be claimed.

A. D. 1713.

wives' infeoff

heiresses, &c.

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