the amount of

that amount

been in actual

ment of the

calendar

the same came

tion.

in parliament for any city or town, being a 19 Geo. 2.c.28. county of itself, and in which persons have a respect of right to vote for such members, for and in re- lands, &c. to spect of lands, tenements, or hereditaments of 40s. must have the yearly value of forty shillings, unless such a freehold to persons shall have a freehold estate in the city above all and county, or town and county, for which he charges. votes, of the clear yearly value of forty shillings, (See post, § 5.) over and above all rents and charges payable out of or in respect of the same, and shall have And must have been in the actual possession or in receipt of the possession or rents and profits thereof for his own use above in the enjoy twelve calendar months, except the same came rents and proto him within the time aforesaid, by descent, fits above 12 marriage, marriage settlement, devise, or pro- months, unless motion to any benefice in a church, or by pro- by descent, motion to an office; and no person shall vote in marriage, derespect or in right of any freehold estate which vise, or promowas made or granted to him fraudulently, on None to vote purpose to qualify him to give his vote, or shall in respect of vote more than once at the same election; and if any person shall vote in any such election contrary to the true intent and meaning hereof, qualify him to he shall forfeit to any candidate for whom such None to vote vote shall not have been given, and who shall more than once first sue for the same, the sum of forty pounds, election. to be recovered by him or them, his or their ex- Penalty of 401. ecutors or administrators, together with full any candidate costs of suit, by action of debt in any of his for whom of majesty's courts of record at Westminster, have voted, wherein no essoin, protection, wager of law, first suing. privilege, or imparlance, shall be admitted or allowed; and in every such action the proof shall (Except in the lie on such person against whom the same was latter case) in brought, unless the fact, on which such action such penalty, is grounded, be the having polled more than proof to be onc at the same ele ction.

nno

freehold granted to him frau

dulently on

purpose to

vote.

at the same

and costs to

fender shall not

actions for

upon defende: :

aut.

19 Geo. 2.c.28.

ed a charge on a freehold.

5. And be it declared by the authority aforesaid, That no public or parliamentary tax, &c.to be deem- church or parish rate or duty, or any other tax, rate, or assessment whatsoever, to be assessed or levied within such cities or towns, being counties of themselves as aforesaid, is or shall be deemed or construed to be any charge payable out of or in respect of any freehold estate, within the meaning and intention of this act, or of the oath or solemn affirmation herein-before directed to be administered to, and taken by, every freeholder, if required, as aforesaid.

Sheriffs, &c. of

this act may be

indictment as

(For § 6, allowing cheque books to candidates, see 1 vol 589.-For § 7, regulating the notice and time of election, see ib. 537.)

§ 8. And be it further enacted, by the autho fending against rity aforesaid, that in case any sheriff or underprosecuted by sheriff presiding at any election of a member or information or members to serve in parliament for any such herein. city or town, being a county of itself as aforesaid, within that part of Great Britain called England, shall wilfully offend against or act contrary to the true intent and meaning of this act, every such sheriff or under-sheriff shall be liable to be prosecuted by information or indictment in his majesty's court of king's bench at Westminster, or at the assizes for the city or town where such offence shall be committed, in which no noli prosequi or cesset processus processus to be shall be granted; any law, custom, or usage to the contrary thereof in anywise notwithstanding.

No noli pro

sequi or cesset

granted.

How plaintiff in an action of

9. And be it further enacted, by the authority aforesaid, that it shall and may be sufficient

for the plaintiff in any action of debt given by 19 Geo.2.c.28. this act, to set forth in the declaration or bill, debt is to de that the defendant is indebted to him in the sum clare, &c.

of and to alledge the particular offence for which the action or suit is brought, and that the defendant hath acted contrary to this act, without mentioning the writ of summons to parliament, or the return thereof; and it shall be sufficient in any indictment or information for any offence committed contrary to this act, to alledge the particular offence charged upon the defendant, and that the defendant is guilty thereof, without mentioning the writ of summons to parliament, or the return thereof; Form of inand upon trial of any issue in any such action, dictment, &c. suit, indictment, or information, the plaintiff, prosecutor, or informer, shall not be obliged to prove the writ of summons to parliament, or the return thereof, or any warrant or authority to the sheriff or sheriffs grounded upon any such writ of summons,

evidence.

within nine

10. Provided always, that every action, Actions, &c. to suit, indictment, or information, given by this be commenced act, shall be commenced within the space of months. nine calendar months after the fact upon which the same is grounded shall have been committed.

to such pro

§ 11. And be it further enacted, by the authority aforesaid, that all the statutes of jeofails Statutes of je and amendments of the law whatsoever, shall fails extended and may be construed to extend to all proceed- ceedings. ings in any action, suit, indictment, or information given or allowed by this act, or which shall be brought in pursuance thereof.

19 Geo.2.c.28.

12. Provided always, and be it further enPlaintiffs, &c. acted, by the authority aforesaid, that in case discontinuing, the plaintiff or informer in any action, suit, insuited, defend. dictment, or information given by this act,

&c. or non

ant to have

treble costs.

Act (except

concerning

the notice of election and proceeding thereto) not to

or towns being

shall discontinue the same, or be nonsuited, or judgment be otherwise given against him, then and in any of the said cases, the defendant against whom such action, suit, or information, shall have been brought, shall recover his treble

costs,

§ 13. Provided always, and be it enacted, by the provisions the authority aforesaid, that this act, or any cheque-books, thing therein contained (other than, and exor concerning cept such clauses and provisions as are by this act made for or concerning allowing cheque books, or for or concerning notice to be given extend to cities of the time and place of election, and proceedCounties, where ing to election thereupon) shall not extend, or the right of vot be construed to extend, to any city or town, beof burgage te ing a county of itself, or to any person or pernure, or if free sons, where the right of voting for any member or members of any such city or town is, for or in respect of burgage tenure, or where the right of voting for such member or members for or in respect of a freehold, does not require the same to be of the yearly value of forty shillings.-A. D. 1746.

ing is in respect

holds, not required to

amount to 40s.

The Stat. 31 Geo. 2. c. 14.

An Act for the further explaining the Laws touching the Electors of Knights of the Shire to serve in Parliament for that Part of Great Britain called England.

recited.

"WHEREAS, by an act made in the 18 Geo. 2. c.18, "eighteenth year of the reign of his present majesty, intituled, An Act to explain and "amend the laws touching the elections of knights of the shire, to serve in parliament for that part of Great Britain called Eng"land, it is enacted, that no person shall vote " at the election of any knight or knights of a "shire, within that part of Great Britain "called England, or principality of Wales, "without having a freehold estate in the county "for which he votes, of the clear yearly value "of forty shillings, over and above all rents "and charges payable out of or in respect of "the same; and whereas, notwithstanding the "said act, certain persons who hold their estates by copy of court roll, pretend to have a right

56

to vote, and have, at certain times, taken 66 upon them to vote at such elections;" Be it therefore enacted by the king'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 from and after Copyholders the twenty-fourth day of June, one thousand not entitled