Page:Ruffhead - The Statutes at Large - vol 3.djvu/653

 A. D. 1696. Anno feptlmo 8c odavo GuLiELMi Iir. C. 7. 597 fuch Perfon or Perfons, as fully as the faid other Juftices might have done, if he, (he or they had not re- moved as aforefaid ; which (hall be paid according to the faid Judgment. XI. Provided always, and be it cnafted, That no Vicar or other Perfon {hall have Remedy to recover Small Tithes to fmall Tithes, or other Dues aforefaid, which became or were due before the making of this Adt, unlefs ^^ ""v'rcd be- Complaint be made to the Juftices of the Peace in form aforefaid, before the firit Day of OSiobery which ^"p^ oftobcr (hail be in the Year of our Lord one thoufand fix hundred ninety-fix. ' "^ ' XII. And it is hereby declared and enaded, That the faid Juftices of the Peace, who (hall hear and de- Juniecsmaygive termine any of the Matters aforefaid, fliall iiave Power to give Cofts, not exceeding ten Shillings, to the ^°^^. not ex- I'arty piofecuted, if they fhall find the Complaint to be falfe and vexatious j which Cofts (hall be levied in '""^'"B '°s. Manner and Form aforefaid. Xill. Provided alfo, and be it further cnafted, That if any Perfon or Perfons (hall be fued for any thing if the Plaintiff" done in Execution of this Aft, and the Plaintiff in fuch Suit fhall difcontinue his Aftion, or be nonfuit, or '"^ nonfuit, Per. a VerdiiSl: pafs againft him, that then, in any of the faid Cafes, fuch Perfon or Perfons (hall recover double j""/"^l" ^^""^ ^-, n double Cofts. Colts. XIV. Provided always. That any Clerk, or other Perfon or Perfons, who (hall begin any Suit for Re- Suits for Tithe« covery of fmali Tithes, Oblations or Obventions, not exceeding the Value of forty Shillings, in His Ma- "ot exceeding jefty's Court of Exchequer, or in any of the Ecclefiaftical Courts, (hall have no Benefit by tliis Aft, or any Eencfit'b^th'" Claufe in it, for the fame Matter for which he or they have fo fued. ^^^ XV. Provided always, and be it further enafted. That this Aft (hall continue for the Spare of three ^A. ,„ jo„ji„„g Years, and from thence to the End of the next SeiTion of Parliament^ and no longer. [Made perpetual j Years. 3 Ann. C. 18. j ■ FarthrrFr^i. Jtomreffell'ingTithts, 11 & 12 PI''. i. c. i6. iclic'h )i mnje perfelua! Ij i Geo. i. c. 26, CAP. VII. An A6t to prevent Falfe and Double Returns of Members to ferve in Parliament. HEREAS Falfe and'^ouble Returns of Members to ferve in Parliament are an Abufe of Truft ContUmdhyjz in a Matter of the greatelt Confequence to the Kingdom, and not only an Injury to the Perfons &f 13/^. 3. c 5, ' Expence to make their Eleftions appear, but alfo to the Counties, Cities, Boroughs, and Cinque Ports, enafted and declared by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament alTembled, and by the Authority of the fame. That all falfe Returns wilfully made, of any Knight of the Shire, Citizen, Burgefs, Baron of falfe Returns of the Cinque Ports, or other Member to ferve in Parliament, are againft Law, and are hereby prohibited ; JJ^f'^'l^" P"" and in cafe that any Perfon or Perfons (hall return any Member to ferve in Parliament for any County, ' "' " City, Borough, Cinque Port or Place, contrar'sir to the laft Determination in the Houfe of Commons, of the faifj^Return * Right of Eleftion in fuch County, City, Borough, Cinque Port or Place, that fuch Return fo made (hall and is hereby adjudged to be a falfe Return. II. And be it further enafted. That the Party grieved, to wit, every Perfon that (hall be duly elefted to Party grieved ferve in Parliament for any County, City, Borough, Cinque Port or Place, by fuch falfe Return, may fue '"='>' '^^<= 'n any the Officers and Perfons making or procuring the fame, and every or any of them, at his Eleftion, in any ^^^j,' =' Weft- of His Majefty's Courts of Record at Weflmlnjier, and (hall recover double the Damages he (hall fuftain by rover^ouble^'^"" reafon thereof, together with his full Cofts of fuch Suit. _ Damages. III. And to the end the Law may not be eluded by double Returns, be it further enafted. That if any i Lutw. 1S4. Officer (hall wilfully, falfly and malicioufly, return more Perfons than are required to be chofen by the '^^'^ like Re- Writ or Precept on which any Choice is made, the like Remedy may be had againft him or them, and the om ^^^'"'* ^° Party or Parties that willingly procure the fame, and every or any of them, by the Party grieved, at his ingm^rrpe'rfcn* Eleftion. _ than required. IV. And be it further enafted. That all Contrafts, Promifes, Bonds and Securities whatfoever, here- =* Geo. 2. c. 24, after made or given, to procure any Return of any Member to ferve in Parliament, or any Thing relating Contraflsmade thereunto, be adjudged void ; and that whoever makes or gives fuch Contraft, Security, Promife or Bond, J° P'"™"'^ R«- or any Gift or Reward, to procure fuch falfe or double Return, fhall forfeit the Sum of three hundred ™' ' Pounds; one third Part thereof to be to His Majefty, His Heirs and SuccelTors, another third Part thereof ^^"^y* to the Poor of the County, City, Borough or Place concerned, and one third Part thereof to the Infor- mer, with his Cofts, to be recovered in any of His Majefty's Courts of Record at Wejiminfter, by Aftion of Debt, Bill, Plaint or Information, wherein no EfToin, Proteftion, or Wager of Law, fhall be allowed, nor any more than one Imparlance. - V. And for the more eafy and better Proof of any fuch falfe or double Return, be it enafted by the Au- cierkof the thority aforefaid. That the Clerk of the Crown for the time being (hall from time to time enter, or caufe Crowiito enter to be entred, in a Book for that Purpofe to be kept in his Office, every fingie and double Return of any '•'^'"J Rcrurrx Member or Members to ferve in Parliament, which fhall be returned, or come into his Office, or to his ^"^ ^mend- Hands, and alfo every Alteration and Amendment, as (hall be made by him or his Deputy in every fuch ^[fp Return; to which Book all Perfons (hall have free Accefs at all feafonable Times, to fearch and take true Lve Accrfs m Copies of fo much thereof as (hall be defired, paying a reafonable Fee or Reward for the fame : And that tiie Boole, and- the Party or Parties profecuting fuch Suit, (hall and may at any Trial give in Evidence fuch Book fo kept, '^ '^■'"j or a or a true Copy thereof, relating to fuch falfe or double Return, and (hall have the like Advant.ige of fuch '^"PJ'.-.niay be Proof, as he or they (liould or might have had by producing the Record itfelf; any Law, Cuftom or Ufage Ic^cV"^^'' CO
 * dulychofen, by keeping them from their Service in the Houfe of Commons, and putting them to great
 * by which they arechofen, and the Bufinefs of Parliament difturbed and delayed thereby ;' Be it therefore