Page:Ruffhead - The Statutes at Large - vol 3.djvu/671

 A. D. 1696. Anno feptlmo & oAavo GuLiELMi ill. C. 25. 615 II. And be it further enaded by the Authority aforefaid, That neither the Sheriff nor his Under Sheriff, Sheriff, &c. not in any County or City, nor the Mayor, Bailiff, Conftable, Port-Reeve, or other Officer or Officers of any '° E'" °^ "•"= Borough, Town Corporate, Port or Place, to whom the Execution of any Writ or Precept for eleftirg J|^J^,"'^"[ j^^ Msrnbers to ferve in Parliament doth belong or appertain, fhall give, pay, receive, or take any Fee, Re ■ cripi, lc!")t ait^ ward, or Gratuity whatfoevcr, for the making out, Receipt, Delivery, Return, or Execution of any fuch vvn;, ori'ic- Writ or Precept. "i"- III. And be it further enacfted by the Authority aforefaid. That upon every Eleftion to be made of any ccnuity Court to Knight or Knights of the Shire to ferve in this prefcnt or any future Parliament, the Sheriff of the County be- held at the where fuch Election fliall be made, fhall hold his County Court for the fame Eleiflion at the moft publick "^"^^ ih<:c, and and ufual Place of Election within the faid County, and where the fame has moft ufually been for forty i','"""^'' J° '^•.'"" Years laft pall, and fhall there proceed to Eledfion at the next County Court, unlefs the fame fall out to t'ii'out"in e" be held within fix Days after the Receipt of the Writ, or upon the fame Day, and then fhall adjourn the D.-.yf after Re- fame Court to foine convenient Day, giving ten Days Notice of the Time and Place of EleiSlion ; and in icijt of ihc cafe the faid EleiSlion be not determined upon the View, with the Confent cf the Freeholders there prefent, y^'''.-. but that a Poll (hall be required for Determination thereof, then the faid Sheriff, or in his Abfence his Un- f^J'. j .'^/'./"r der Sheriff, with iuch others as fhall be deputed by him, fhall forthwith there proceed to take the faid Poll, rec|ui,Vd and' to in fome open or publick Place or Places, by the fame Sheriff, or his Under Sheriff, as afo-.efaid, in his appoint 'a Num- Abfence, or others appointed for the taking thereof, as aforefaid; and for the more due and orderly pro- bcr of Clerks, ceeding in the faid Poll, the faid Sheriff, or in his Abfence his Under Sheriff, or fuch as he fhall depute, ^''"' "^ '° '"= {hall appoint fuch Number of Clerks as to him fhall feem meet and convenient for taking thereof; which '^°^"' Clerks (nail all take the laid Poll, in the Prefence of the fiiid Sherift or his Under Sheriff, or fuch as he (hall depute : A.nd before they begin to take the faid Poll, every Clerk fo appointed fhall, by the faid Sheriff Name of each or his Under Sheriff, as aforefaid, be fworn truly and indifferently to take the fame Poll, and to fet down Freeholder tj be the Nanies of each Freeholder, and the Place of his Freehold, and for whom he fhall poll, and to poll ^"^^ ^lown, and no Freeholder, who is not iworn, if fo required by the Candidates, or any of them (which Oath of the faid °j,^J °^ a Per- Clerks^ the faid Sheriff or his Under Sheriff, or fuch as he fhall depute, are hereby impowered to admi- ron for each nifter) and the Sheriff, or in his Abfence his Under Sheriff, as aforefaid, fhall appoint for each Candidate, Candidate to in- fuch one Peribn as fhall be nominated to him by each Candidate, to be Infpeflors of every Cleik who fhall 'P^'^ the clerks, be appointed for taking the Poll ; and every Freeholder, before he is admitted to poll at the fame Eleiiion, Freeholder to be fhall, if required by the Candidates, or any of them, firft take the Oath herein after mentioned ; which fwom. Oath the faid Sheriff, by himfelf or his Under Sheriff, or fuch fworn Clerks by him appointed for taking of the faid Poll, as aforefaid, are hereby authorized to adminifler (viz.) ' "V7 O U fhall fwear that you are a Freeholder for the County of and have Freehold The Oath. ' I Lands or Hereditaments of the yearly Value of forty Shillings, lying at ist"°"^d°h''* ' within the faid County of and that you have not been before polled at '/g ceo.TciS.' IV. And in cafe any Freeholder, or any other Perfon taking the faid Oath, fhall thereby commit wilful Perfonscon- and corrupt Perjury, and be thereof convidled, or if any Perfon do unlawfully and corruptly procure or '"^^<i of Perjury, fuborn any Freeholder, or other Perfon, to take the faid Oath, in order to be polled, whereby he fhall com- °' Subornatioi!, mit fuch wilful and corrupt Perjury, and fhall be thereof convifted ; he and they, for every fuch Offence, ntity'^b ei '" ihall incur the like Pains and Penalties as are, in and by one Ai9: of Parliament made in the fifth Year of c. 9. the Reign of the late Queen Elizabeth, intituled, jfn AEi for PumJJ)ment of fuch Perfon s as fhall procure or commit any wilful Perjury, enafted againff all fuch who fhall commit wilful Perjury, or fuborn or procure any Perfon to commit any unlawful and corrupt Perjury contrary to the faid AEt. V. And be it further enafted by the Authority aforefaid. That the faid Sheriff, or in his Abfence his Sheriff not to Under Sheriff, or fuch as he fhall depute, as aforefaid, fhall at the fame Place of Election proceed to the ^djomn the polling all the Freeholders then and there prefent, and fhall not adjourn the County Court then and there ?"^'' "I^Y^' held, to any other Town or Place within the fame County, without the Confent of the Candidates, nor confem" "" fhall, by any unneceffary Adjournment in the fame Place of Ele61:ion protract or delay the Ele<?.ion ; but fhall duly and orderly proceed in the taking of the faid Poll from Day to Day, and Time to Time, without any further or other Adjournment, without the Confent of the Candidates', until all the Freeholders then and there prefent fhall be polled, and no longer. VI. And be it further enafted. That every Sheriff, Under Sheriff, Mayor, Bailiff, and other Officer, to Copy oftbeFoU whom the Execution of any Writ or Precept fhall belong for the eleffing Members to ferve in Parliament, '° ''^ delivered, Ihall forthwith deliver to fuch Perfon or Perfons, as fhall defire the fame, a Copy of the Poll taken at fuch ^ ^'^^"^^i pay- Eieftion, paying only a reafonable Charge for writing the fame : And every Sheriff, Under Sheriff, Mayor, ^p^^^i^ T"sh^' Bailiff, and other Officer, to whom the Execution of any Writ or Precept for eledfing of Members to ferve riffs, &c?"com-" ^n Parliament doth belong, for every wilful Offence contrary to this A.& fhall forfeit to every Party fo ag- mitring wilful grieved the Sum. of five hundred Pounds, to be recovered by him or them, his or their Executors or Ad- Offence, miniflrators, together with full Cofts of Suit, and for which he or they may fue by Action of Debt, Bill, Plaint, or Information, in any of His Majefl-y's Courts at Wefhninficr, wherein no Effoin, Proteftion, Wager of Law, Privilege, or Imparlance, fhall be admitted or allowed. None to vote by VII. And be it alfo ena£l:ed, That no Perfon or Perfons fhall be allowed to have any Vote in Elcilion of reafon of Tiuft, Members to ferve in Parliament, for or by reafon of any Truft Eftate, or Mortgage, unlefs fuch Trufree ^'^- "n'ejs m or Mortgagee be in actual PoffefTion or Receipt of the Rents and Profits of the fame Eftate ; but that the ^'^"^' ,^''",'^'" Mortgagor, or Cefui que trufi, in PoffefTion, fhall and may vote for the fame Eftate, notv/ithftanding fuch '^'f^. n,av '01'" Mortgage or Trufl ; and that all Conveyances of any Meffuages, Lands, Tenements, or Hereditaments, conv.yan<cs"in order to multiply Voices void. By 10 Annas, c. 23. §. i. all Conveyances to qualify Perfons for voting are made abfchite.
 * this Eledion/