26 66 act for the further regulating elections of 10 Ann. c. 23. "members to serve in parliament, and for the preventing irregular proceedings of sheriffs, "and other officers, in the electing and returning such members, it is, amongst other things, "enacted, that all conveyances of any mes- (§ 7.) suages, lands, tenements, or hereditaments, in any county, city, borough, town corporate, port or place, in order to multiply voices, or "to split and divide the interest in any houses "or lands amongst several persons, to enable "them to vote at elections of members to serve “in parliament, shall be void, and of none ef"fect; and that no more than one single voice "shall be admitted for one and the same house " and tenement: And whereas (notwithstand"ing this provision to the contrary) many "fraudulent and scandalous practices have been "used of late, to create and multiply votes at "the election of knights of the shire to serve "in parliament, to the great abuse of the an"cient law and custom of that part of Great "Britain called England, to the great injury "of those persons who have just right to elect, "and in prejudice of the freedom of such elec"tions:" Therefore, for the more effectual preventing of such undue practices, be it enacted, by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that all estates and conveyances All conveywhatsoever, made to any person or persons, in lently made to any fraudulent or collusive manner, on purpose qualify any to qualify him or them to give his or their vote for knights of a or votes at such elections of knights of the shire shire (sub et (subject nevertheless to conditions or agreements ances fiaudu person to vote to conditions to defeat the against persons same, and to be enjoyed by per made, free of executing the sous to whom all trusts, &c. estates, void. 10 Ann. c. 23. to defeat or determine such estate, or to re-convey the same) shall be deemed and taken against those persons who executed the same, as free and absolute, and be holden and enjoyed by all and every such person or persons to whom such conveyance shall be made as aforesaid, freely and absolutely acquitted, exonerated, and discharged of and from all manner of trusts, conditions, clauses of re-entry, powers of revocation, provisoes of redemption, or other defeazances whatsoever, between or with the said parties, or any other person or persons in trust for them; Bonds, &c. for and that all bonds, covenants, collateral or other defeating such securities, contracts, or agreements, between or with the said parties, or any other person or persons in trust for them, or any of them, for the redeeming, revoking, or defeating such estate or estates, or for the restoring or re-conveying thereof, or any part thereof, to any person or persons who made or executed such conveyance, or to any other person or persons in trust for them, or any of them, shall be null and void to all intents and purposes whatsoever; and that every person who shall make and execute such conveyance or conveyances as aforesaid, or being privy to such purpose, shall devise or prepare the same; and every person who, by colour thereof, shall give any vote at any election of any knight or knights of a shire, to serve in parliament, shall, for every such conveyance so made, or vote so created or given, forfeit the sum of forty pounds, to any person who 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 her majesty's courts of record at Westminster, wherein no essoin, privilege, protection, wager of law, or Persons mak ing such conveyances, or privy thereto, or voting at elections for knights of the thereof, shall, for every such forfeit 401. to the informer, shire, by colour conveyance, to be recovered with costs, as herein. more than one imparlance shall be admitted or 10 Ann. c. 28. allowed. son to vote for been charged in the same pa son has not re ceived or heen entitled to the unless such descent, mar § 2. And be it further enacted, by the authority aforesaid, that from and after the first day After 1st May, of May, which shall be in the year of our Lord 1712, no perone thousand seven hundred and twelve, no per- a knight of a son shall vote for the electing of any knight of of lands, &c. a shire, within that part of Great Britain called not having England, in respect or in right of any lands or to public taxes, tenements which have not been charged or as- &c. in such proportion as other sessed to the public taxes, church rates, and pa- lands, &c. of rish duties, in such proportion as other lands or 40s. per annum tenements of forty shillings per annum, within rish, and for the same parish or township where the same shall which such perlie or be, are usually charged, and for which such person shall not have received the rents or profits, or be entitled to have received the same to the full value of forty shillings or more, to his own use, for one year before such election, came to him by unless such lands or tenements came to such riage, devise, person within the time aforesaid, by descent, or presenta marriage, marriage settlement, devise, or pre- benefice, or sentation to some benefice in the church, or by promotion to promotion to some office, unto which such free- (Explained by hold is affixed; and if any person shall vote in 12 Ann. stat. 1. any such election, contrary to the true intent 18 Geo. 2. c. 18. and meaning hereof, he shall, for every such 2, as to so offence, forfeit the sum of forty pounds, disables persons moiety thereof to the poor of the parish or tote in respect of lunds, &c. not rishes where the lands or tenements lie, for assessed as herewhich such person shall vote, and the other by required.) under penalty moiety to the person or persons who shall sue of it. one for the same, to be recovered by action of debt, moiety to the bill, plaint, or information, in any of her ma- rish, &c. the jesty's courts of record at Westminster, where- to informer, in no essoin, privilege, protection, or wager to be recovered one tion to church office, c. 5. repealed by much of it as to poor of the pa other moiety as herein. 10 Ann. c. 23. of law, shall be allowed, or more than one imparlance. The oath required by the act 7 W. 3. c. 25. 3. re pealed. Freeholders oath. (Instead of which another § 3. "And whereas, by the above recited act, "it is also further enacted, that upon every "election to be made of any knight or knights "of the shire to serve in parliament, every "frecholder, before he is admitted to poll at "the same election, shall (if required by the "candidates, or any of them) first take the oath "therein after mentioned;" be it enacted, by the authority aforesaid, that the said act, as to so much only as concerns the said oath, shall be and is hereby repealed. 4. And be it further enacted, by the authority aforesaid, that upon every election to be made of any knight or knights of a shire within that part of Great Britain called England, to serve in parliament, every freeholder, before he is admitted to poll at the same election, shall (if required by the candidates, or any of them, or any other person having a right to vote at such election) first take the oath following, viz. "You shall swear that you are a freeholder "in the county of and have free"hold lands, or hereditaments, lying or being at in the same county of "of the yearly value of forty shillings, above in all charges payable out of the same; and that "such freehold estate hath not been made or oath is appointed administered like manner, the fulse taking whereof, &c. perjury, &c.) granted to you fraudulently, on purpose to qualify you to give your vote; and that the place of your abode is at in "and that you have not been polled before at 10 Ann. c. 23. "this election." Which oath, the sheriff by himself, his under-sheriff, or such sworn clerk or clerks (as shall be by him appointed for taking the poll, pursuant to the said recited act) is hereby required to administer; and in case any freeholder, or other person, taking the said oath hereby appointed, shall thereby commit wilful and corrupt perjury, and be thereof convicted, or if any person do unlawfully and corruptly procure or suborn any freeholder, or other person, to take the said oath, in order to be polled, whereby he shall commit such wilful and corrupt perjury, and shall be thereof convicted, he and they, for every such offence, shall incur the like pains and penalties as are in and by one act of parliament, made in the fifth year of the reign of the late queen Elizabeth, intituled, An uct for punishment of such persons as shall procure or commit any wilful perjury, enacted against all such who shall commit wilful perjury, or suborn or procure any person to commit any unlawful or corrupt perjury, contrary to the said act. freehold, and § 5. And the better to detect and punish any offenders against this act, be it enacted by the authority aforesaid, that in taking the poll, the The place of sheriff, or his under-sheriff, and clerks, shall the elector's enter not only the place of the elector's free- of his abode, hold, but also the place of his abode, as he on poll, shall declare the same at the time of the giving jurat to be his vote, and shall also make or enter jurat the name of against the name of every such voter, who shall every vote be tendered and take the oath hereby required; taking the to be entered also entered against tendered, and oath. |