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The Stat. 12 Geo. 3. c. 21.

An Act for giving Relief in Proceedings upon
Writs of Mandamus for the Admission of
Freemen into Corporations; and for other
Purposes therein mentioned.

"WHEREAS divers persons, who have a right "to be admitted citizens, burgesses, or freemen, "of divers cities, towns corporate, boroughs,

cinque ports, and places, within that part of "Great Britain called England and Wales, "being refused to be admitted thereto, have, "in many cases, no other ordinary remedy to "procure themselves to be admitted to the "franchises of being citizens, burgesses, or "freemen, than by writs of mandamus, the pro

ceedings on which are very dilatory and ex"ponsive; and, although any such writ of "mandamus is obeyed, the person applying is "nevertheless put to great and unnecessary

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trouble, delay, and expence; and whereas by "the laws now in being, in many cases, no "provision is made for giving costs to the party suing out any such writ where the same is obeyed:" For remedy whereof, be it 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 the first day of After Aug. 1, August, one thousand seven hundred and seven1772, any per- ty-two, where any person shall be entitled to be admittted a be admitted a citizen, burgess, or freeman, of

son entitled to

applying to

pose,

and that if not

the court of

refuse, &c. to

any such city, town corporate, borough, cinque 12 Geo.3.c.21. port, or place, and shall apply to the mayor, or citizen, &c. of other person, officer, or officers, in such city, any city, and town corporate, borough, cinque port, or place, the mayor, &e. who hath or have authority to admit citizens, for that pur burgesses, and freemen therein, to be admitted a citizen, burgess, or freemen thereof; and shall giving him nogive notice, specifying the nature of his claim, ing the nature tice, specifyto such mayor, or other officer or officers, that of his claim, if he or they shall not so admit such person a admitted with citizen, burgess, or freeman, within (a) one month in one month, from the time of such notice, the court of king's king's bench bench will be applied to for a writ of mandamus, to for writ of to compel such admission; and if such mayor, mandamus, &c. or other officer or officers, shall, after such no- If mayor, &c. tice, refuse or neglect to admit such person, and admit such per a writ of mandamus shall afterwards issue to mandamus shall compel such mayor, or other officer or officers, issue, for com to make such admission, and, in obedience to Pelling his adsuch writ, such persons shall be admitted by obedience the said mayor, or other officer or officers, a ci- be admitted, tizen, burgess, or freeman of such city, town corporate, borough, cinque port, or place, then such person shall (unless the court shall see just (unless the cause to the contrary) obtain and receive from to the con the said mayor, or other officer or officers, so trary) neglecting or refusing as aforesaid, all the costs the mayor to to which he shall have been put in applying for pay all costs. obtaining and serving such writ of mandamus, and enforcing the same, by a rule to be made by the court out of which such writ shall issue, for the payment thereof, together with the costs of applying for, obtaining, serving, and enforcing the said rule; and if the rule so to be made If rule not obeyed, to be shall not be obeyed, then the same shall be en

(a) In the quarto statutes, "within;" evidently a misit uns "with," instead of print.

mission, and in

thereto he shall

court see cause

12 Geo.3.c.21. forced in such manner as other rules made by the said court are or may be enforced by law.

enforced as other rules of the court.

Freemen to be

admitted to inspect the en

tries of admis to take copies

sion, &c. and

thereof,

paying as herein.

§ 2. "And, in order that it may be known "what persons are, from time to time, admitted freemen or burgesses of any city, corporation, borough, or cinque port," Be it further enacted by the authority aforesaid, that the mayor, bailiff, town clerk, or other officer of any city, corporation, borough, or cinque port, having the custody of, or power over, the records of the same, shall, upon the demand of any two freemen or burgesses, permit such freemen or burgesses, and their agent or agents, at any time whatsoever, between the hours of nine in the morning and three in the afternoon, to inspect the entries of admission of freemen, burgesses, or other inferior corporators (a), and to take copies or extracts therefrom, paying for every such inspection two shillings and six-pence; and for every such copy or extract, not exceeding seventy-two words, the sum of four-pence; and so in proportion for all such copies or extracts: Mayor, bailiff, and if any mayor, bailiff, town clerk, or other inspection of officer, shall refuse or deny the inspection of any such entries, or such entries, or to give copies or extracts thereto give copies thereof, shall, of, as before directed, he or they shall, for every such denial or refusal, forfeit and pay the sum of one hundred pounds to any person who shall sue for the same, to be recovered, with full costs of suit, by action of debt in any of his how plaintiff majesty's courts of record at Westminster; in which action it shall be sufficient for the plaintiff to alledge in his declaration that the defendant, or defendants, is or are indebted to the

&c. denying

for every refusal, forfeit 100l. to informer.

How to be recovered, and

to declare.

(a) In the quarto statutes, " corporations," which must be a misprint.

said plaintiff in the sum of one hundred pounds 12 Geo.3.c. 21. for money had and received to his use; pro- Action to be vided that such action shall be commenced brought within within the space of one year after the cause one year. of it shall have arisen and not afterwards.A. D. 1772.

The Stat. 20 Geo. 3. c. 17.

An Act to remove certain Difficulties relative to Voters at County Elections.

"WHEREAS the several laws now in being "for ascertaining the rights of persons claiming "to vote in the elections of knights of the shire "to serve in parliament, for that part of Great "Britain called England, are difficult to be car"ried into execution, and great delays and incon"veniencies have been occasioned by the num"berless disputes which have arisen at county "elections concerning such rights:" For remedy whereof, be it 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 the first day of January, one thousand seven hundred and eighty-one, no person shall vote for electing of any knight or knights of the shire to serve in parliament, within that

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sed to the laud

time of clec

80 Geo.3.c.17. part of Great Britain called England, or the any messages, principality of Wales, in respect of any mesc. not asses Suages, lands, or tenements. which have not, for tax six months six calendar months next before such election, previons to the been charged or assessed towards some aid tion, (in case granted or to be granted to his majesty, his shere be such heirs or successors, by a land tax (a), (in case any such aid be then granted and assessable,) in the name of the person or persons who shall claim to vote at such election for or in respect of any such messuages, lands, or tenements, or in the name of his or their tenant or tenants, actually occupying the same as tenant or tenants of the owner or landlord thereof.

assessment) either in the name of the person claiming to vote or of his tenant actually occupying.

Act not to ex

tend to annui

assessed as

to persons where title to

messuages (in of the vote is)

respect where

2. Provided always, that this act, with ties or fee-farm respect to such rating and assessing as aforesaid, rents (duly re shall not extend, or be construed to extend, to gistered) issuing out of mes. annuities or fee-farm rents (duly registered) issuages, &c. &c., suing out of any messuages, lands, or tenements, aforesaid, nor rated or assessed as aforesaid: nor shall the same extend, or be construed to extend, to any person who became entitled to such messuages, lands, or tenements, for which he shall vote, or claim to vote as aforesaid, by descent, marriage, marriage settlement, devise, or promotion to any benefice in a church, or by promotion to an twelvemonth office, within twelve calendar months next before such election; but such person shall be entitled to vote at such election; if the messuages, claimant's qua- lands, or tenements, for which he shall vote, or been assessed claim to yote, as aforesaid, have been, within to the land tax, two years next before such election, rated or assessed to the land tax, in the name of the per

came by descent, mar

riage, devise, or promotion,

&c. within a

before elec

tion; provided the

lification has

within two

years before

(a) See a provision for cases where land tax has been redeemed, 42 Geo. 3. c. 116, post.

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