any Sec. 9. Geo. 2. ing and amend c. 38. explain be incurred, or in case of a prosecution, the same be carried on without wilful delay; thing herein contained to the contrary not- ing this clause. withstanding. The stat. 3. Geo. 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). elections of been admitted "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 None to vote practices for the future, Be it enacted, by the as freemen at king's most excellent majesty, by and with the members, but advice and consent of the lords spiritual and such as have temporal, and commons in parliament assem- to their freebled, and by authority of the same, that from dom twelve and after the first day of May, 1763, no person such election whatsoever claiming as a freeman to vote at any election of members to serve in parliament, for any city, town, port, or borough, in England, Wales, and the town of Berwick-uponTweed, 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 3 Geo. 3. c. 15. 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 on penalty of such offence, forfeit and pay the sum of one hundred pounds to him, her, or them, who shall inform and sue for the same; and the vote given by such person shall be void and of -no effect. 1001. Persons in titled to their freedom by birth, mar 2. Provided always, that nothing herein contained shall extend, or be construed to extend to any person entitled to his freedom by birth, tude, except marriage, or servitude, according to the custom or usage of such city, town, port, or borough. riage, or servi ed. Penalty of antedating the admission of 1001. 3. And be it further enacted, by the authority aforesaid, that if any mayor, bailiff, sheriff, any freeman, town-clerk, or other officer of any corporation, or other person whatsoever, shall wilfully and fraudulently antedate, or cause to be antedated, any admission of any freeman, 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. The books and mission of free to inspection 4. And be it further enacted, by the authority papers of ad- aforesaid, that the mayor, bailiff, sheriff, townmen to be open clerk, or other officer of any corporation, havupen the de- ing the custody of, or power over, the records of the same, shall, upon the demand of any candidate, or his agent, or any two freemen, freemen, upon on the payment of one shilling, permit such candidate, agent, or freemen, between the hours of nine in the morning and three in the mand of the candidate, his agent, or two payment of 18. and minutes of &c. to be pro duced, if deevery election. manded, at afternoon, at any time before, and within one 3 Geo. 3. c. 15. month after, any such election as aforesaid, to inspect the books and papers wherein the admission of freemen shall be entered; and to And copies have copies or minutes of the admission of so the admissions many freemen, as such candidate, agent, or to be given, freemen shall think fit, upon paying to such paying reasonably for writmayor, bailiff, sheriff, town-clerk, or other ing the same, officer, a reasonable charge for writing the and the books same; and such books and papers shall, if demanded by such candidate, agent, or freemen, be produced 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, forfeit and pay On penalty of the sum of one hundred pounds to him, her, 100. or them, who shall inform and sue for the same. The penalties costs of suit. 5. And be it further enacted, by the authority aforesaid, that all forfeitures or penalties laid may be reco or imposed by this act, shall be recovered, vered with full 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. Provided the commenced within a year. 3 Geo. S. c. 15 6. Provided always, and it is hereby further prosecution be enacted and declared, by the authority aforesaid, that no person 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 bo incurred. This act to be openly read by officer at all elections by freemen, immediately after act 2 Geo. 2 C. 24. 7. And be it further enacted, by the authe returning thority aforesaid, that the returning officer shall read, or cause to be read, openly, this act, at the time of election of members to serve in parliament for cities, towns, ports, or boroughs, where the right of election is in the whole, or in part, in 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. This act not to extend to London or Nor wich. 8. And be it further enacted, by the authority aforesaid, that nothing in this act shall extend or be construed to extend, to the cities of London or Norwich. The Oath to be taken by the Poll Clerks at I, —— * No form of oath is given for poll clerks by the stat. 7 & 8. W. 3. c. 23. but Mr. serjeant Heywood, in his County Elections, 267, has inserted one nearly as above. serve in parliament for the county of truly and indifferently take the poll, and set down the names of each freeholder, and the place of his freehold, and for whom he shall poll; and that I will poll no freeholder who is not sworn or put to his affirmation, if so legally required. So help me God. The Oath to be taken by the Poll Clerks at Elections for Cities, Boroughs, &c. I, do swear, that I will at this present election of a member (or members) to serve in parliament for the city (or borough) of truly and indifferently take the poll, and set down the name of each voter, and his addition, profession, or trade, and the place of his abode, and for whom he shall poll, and I will poll no person who is not sworn or put to his affirmation, if so legally required.. So help me God, Notice of Disqualification of a Candidate, upon the Ground of his having been guilty of treating and bribery, at a former Election. WE, A. B. a candidate to represent the borough of M. in the county of Y., in the present parliament, and the burgesses of the said bo |