Page:Ruffhead - The Statutes at Large - vol 6.djvu/555

 A.D. 1743. Anno decimo fexto Georgii II. C. 11. 489 XXXI. And be it enacted by the Authority aforefaid, That every Sheriff or Steward in that Part of WritindR " u "> Great Britain called Scotland, fhall annex to the Writ the Return made by the aforefaid Clerk of the pre- t0 •* * nocxcJ - fiding Borough; and if any fuch Sheriff or Steward neglect or refufe to annex to the Writ fueh Return, or if he fhall annex to the Writ any Return made by any other Perfon, he fhall for every fuch Offence, inftead of the Penalty or Forfeiture to which he is made liable by the aforefaid Act made in the feventh Year of his prefent Majefty, forfeit the Sum of five hundred Pounds Sterling to the Candidate returned Penalty, by the aforefaid Clerk of the prefiding Borough, to be recovered by him or his Executors, in the Manner herein after directed. XXXII. Provided always, That if any Perfon to whom no Commiffion is made out as aforefaid, fhall,. rj ro»ifo, infill that he was duly elected the Commiflioner from any Royal Borough, the Perfon fo claiming (hall be admitted to the Meeting of the Commiffioncrs for choofing Burgefles to ferve in Parliament, and may at the faid Meeting make Offer of taking all the Oaths required by Law, and declare for whom he would have voted, had he been duly commiflioned ; which Oaths the Clerk of the prefiding Borough is hereby required and impowered to adminifter, and the faid Clerk fhall alfo let down in the Minutes of Proceed- ings, the Declaration of fuch Perfon as to the Candidate for whom he would have voted, had he been duly commiffioncd ; but the faid Clerk fhall upon no Pretence whatfoever receive or confider fuch Perfon as a legal Voter, or fuch Declaration as a legal Vote at fuch Election. ' XXXIII. And whereas Doubts have arifen, whether the Act or Parliament made in the fecond Year Act * Geo. 2. ' of the Reign of his prefent Majefty, intituled, An Ad for the more effectual preventing Bribery and Cor- c -**- f ruption in the Election of Members to ferve in Parliament, extends to the Electors of Commiffioners for ""ions of Dde* ' chufing Burgeffes ;' Be it hereby enacted by the Authority aforefaid, That the Electors of Commiffi- g at es. ' oners for any Royal Borough, within that Part of Great Britain called Scotland, for chufing Burgeffes to Parliament, are within the true Intent and Meaning of the faid A£t, to be confidered as Electors of the Member to ferve in Parliament, and fhall be fo deemed and adjudged to all Intents and Purpofes whatfo- ever, and fhall be liable to all the Provilions, Forfeitures and Incapacities, to which Perfons voting or claiming to vote for any Member to ferve in Parliament are made liable by the faid Act. . XXXIV. And be it further enacted by the Authority aforefaid, That at every Election of Commiffi- oners for chufing Burgeffes for the feveral Diftriits of Boroughs in that Part of Great Britain called Scot- land, and at the Election of a Burgefs to ferve in Parliament for the City of Edinburgh, every Magiftrate, Town Counfellor, or Perfon having or claiming to have a Right to vote at fuch Election, inftead of the Oath prefcribed to be taken by the faid Act, before he is admitted to vote at the fame Election, fhall take the following Oath, in cafe the fame {hall be demanded by any one of the Electors ; and which Oath any of the Magiftrates, or in their Abience any of the Town Council, are hereby impowered and required to adminifter; I A. B. do folemnly fwear, That I have not directly or indirectly, by Way of Loan or other Device 0ath to be taken whatfoever, received any Sum or Sums of Money, Office, Place, Employment, Gratuity or Re- J? the Mn ?" E m ward, or any Bond, Bill or Note, orany Promife of any Sum or Sums of Money, Office, Plate, Employ- ] T ect i on f aBui- ment or Gratuity whatfoever, either by myfelf or any other, to nay Ufe or Benefit or Advantage, or tOeefs;*c the Ufe, Benefit or Advantage of the City or Borough of which I am Magiftrate, Counfellor or Burgefs, in order to give my Vote at this Election.' So help me God. XXXV. And be it further enacted by the Authority aforefaid, That in all Elections of Commiffioners for chufing Burgeffes, and before they proceed to Election, the common Clerk of each Borough fhall take and fubferibe the Oath following, which any of the Magiftrates, or in their Abience any two of the Town Council are hereby impowered and required to adminifter : I A. B, do folemnly fwear, That I have not directly or indirectly, by Way of Loan or other Device Oath tots takes whatfoever, received any Sum or Sums of Money, Office, Place, Employment, Gratuity or Re- ^'''^ "J 1 " 10 " ward, or any Bond, Bill or Note, or any Promife of any Sum or Sums of Money, Office, Place, Em- j^tionttf cam- ploymeht or Gratuity whatfoever, either by himfelf or any other, to my Ufe or Benefit, or Advantage, m iiE »ers ;o to make out any Comrniffion for a Commiflioner for chufing a Burgefs ; and that I will duly make outcjviftBorgciTcfc a Commiffion to the Commiflioner who fhall be chofen by the Majority of the Town Council affembled, and to no other Perfon.' So help me God. And that at all Meeting of the Commiffioners for chufing Burgeffes to ferve in Parliament, and before they proceed to the Election, the Clerk of the prefiding Borough fhall take and fubferibe the following Oath, which the Commiflioner for the prefiding Borough, or in his Abience any other of the Commiffioneis, is hereby required and impowered to adminifter. A. B. do folemnly fwear that I have not directly or indirectly,' by way of Loan, or other Device S}*^, *j l J* 8 whatfoever, received any Sum or Sums of Money, Office, Place, Employment, Gratuity, or Re- «jfl„ » '■ s v .^ e " ward, or any Bond, Bill, or Note, or any Promife of any bum or Sums of Money, Office, riace, before Siesuon. Employment, or Gratuity whatfoever, either by myfelf, or any other to my Ufe or Benefit, or Advan- tage, to make any Return at this Election of a Member to ferve in Parliament 5 and that I will return to the Sheriff or Steward the Perfon elected by the major Part of the Commiffioners aifernb]cd 3 whole Vol. VI. R r r « Com-