Page:Ruffhead - The Statutes at Large - vol 6.djvu/556

 49° C. ii. Anno decimo fexto Georgii II. A.'D. J 743. ' Commiffions are authenticated by the Subfcription of the common Clerk, and common Seal of the re- ' fpedtive Boroughs of this Diftrict.' So help me God. Penalty on the XXXVI. And be it further enacted by the Authority aforefaid, That if the Clerk of the prefiding clc 'jf. of ' he Borough fhall neglect or refufe to take the Oath aforefaid, fuch Clerk fo refufing or neglecting, {hall bs 'ouV'^Neglea. incapable to act as Clerk to the faid Meeting; and it fhall be lawful to and for the faid Commiffioners" ' and they are hereby impowered and required to choofe another Clerk to the Meeting for the Election' and who (hall have all the Powers and Authorities in the faid Meeting, and in the returning the Member chofen by them, that by Law are competent to the Clerk of the prefiding Borough. XXXVII. And be it further enacted by the Authority aforefaid, That all the Elections of a Member to ferve in Parliament for any County or Stewartry in. that Part of Great Britain called Scotland, the Clerk choftn by the Majority of fuch Perfons as ftand upon the faid Roll laft made up by the Freeholders, whe- ther at the Michaelmas Court, or at the laft Election of a Member to ferve in Parliament, fhall imme- ■ diately .after his Election take and fubfcribe the following Oath, which the Prefes of the Meeting is here- by required and impowered to adminifter. Oath of the Clerk at Elec- tion of Mem- bers. A. B. fo folemnly fwear, That I have not directly or indirectly, by way of Loan or- other Device whatfoever, received any Sum or Sums of Money, Office, Place or Employment, Gratuity or Re- ward, or any Bond, Bill, or Note, or any Promife of any Sum or Sums of Money, Office, Place, Em- ployment, or Gratuity whatfoever, by myfelf, or any other, to my Ufe, or Benefit, or Advantage, to make any Return at the prefent Election of a Member to ferve in Parliament; and that I will return to the Sheriff or Steward the Perfon elected by the Majority of the Freeholders upon the Roll made up at this Election, and who fhall be prefent and vote at this Meeting.' So help me God. Repeal of Part of the Aft 2 Geo. 2. c. 14 as to Scotland, Penalties of Perjurj. V/rils of Sum- a new Parlia- ment, to be made out im mediately. ' XXXVIII. And whereas by the faid Act of Parliament made in the fecond Year of the Reign of his ' prefent Majefty, it is enacted, That every Sheriff, Mayor, Bailiff, Headborough, or other Perfon be- ' ing the Returning Officer of any Member to ferve in Parliament, fhall immediately after reading the ' Writ or Precept for the Election of fuch Members, take and fubfcribe the Oath contained in the afore- c faid Act;' Be it enacted by the Authority aforefaid, That fo much of the faid Act as requires the faid Oath to be taken by any Returning Officer within that Part of Great Britain called Scotland, fhall be and is hereby repealed. XXXIX. And be it further enacted by the Authority aforefaid, That if any Perfon fhall prefume wil- fully and falfely to fwear and fubfcribe any of the Oaths required to be taken by this Act, and fhall thereof be lawfully convicted, he fhall incur the Pains and Punifhments of Perjury, and be profecuted for the fame according to the Laws and Forms in Ufe in Scotland. XL. And be it further enacted by the Authority aforefaid, That when any new Parliament fhall at. mons for calling anv Time hereafter be fummoned or called, the Lord Chancellor, Lord Keeper, or Lords Commiffioners of the Great Seal for the Time being, fhall iffue out the Writs for Election of Members to ferve in Par- liament for that Part of Great Britain called Scotland, with as much Expedition as the fame may be done; and that as well upon the calling or fummoning any new Parliament, as alfo in cafe of any Vacancy during this prefent or any future Parliament, the feveral Writs fhall be delivered to the Sheriff or Steward to whom the Execution thereof does belong or appertain, and to no other Perfon whatfoever; and that every fuch Sheriff or Steward, upon the Receipt of the Writ, fhall upon the Back thereof endorfe the Day he received the fame, and fhall forthwith upon Receipt of the Writ, at leaft within the Space of four Days after the Receipt thereof, make out a Precept to each Borough within his Jurifdiction, to elect a Commimoner for choofing a Burgefs to ferve in Parliament, and fhall caufe the fame to be delivered to the chief Magiftrate of fuch Borough refiant in the Borough for the Time being; and in cafe fuch Sheriff or Steward ihall neglect to endorfe on the Back of the Writ the Day he received the fame, or fhall neglect to make out his Precept, and to deliver the fame to the chief Magiftrate within the Time and in the Penalty on She- Manner above directed, he fhall for every fuch Offence forfeit the Sum of one hundred Pounds Sterling, r.f's delaying to an y Magiftrate of the Borough to which the Precept is not timoully delivered, who fhall fue for the the recepts. f ame ^ to b e recovered in Manner herein after directed. WhentheCoun- XLI. And be it further enacted by the Authority aforefaid, That fuch chief -Magiftrate to whom the cil fhall be called p r ecept fhall be delivered in Manner above directed, upon the Receipt thereof, fhall upon the Back of for letting a Day t ^ e p rece pt endorfe the Day he received the fame, and fhall within two Days after his Receipt of the Pre- m;frioner for° D '" ce P t ca '^ an< ^ f ummon the Council of the Borough together, by giving Notice perfonally, or leaving No- electing a Bur- tice at the Dwelling-place of every Counfellor then refiant in that Borough, which Council fhall then ap- gefs. point a peremptory Day for the Election of a Commiffioner for choofing a Burgefs to ferve in Parliament. Two Days to XLII. Provided always, That two free Days fhall intervene betwixt the Meeting of the Council which be allowed be- appoints, the Day of Election of the faid Commiffioner, and the Day on which the Election of the Com- tw«n the Coun- miffioner is to be made; and in cafe fuch chief Magiftrate fhall neglect to endorfe the Day he received die Day cTElec- the Precept on the Back thereof, or to fummon the Council within the Time and in the Manner above* t,on. directed, he fhall for every fuch Offence, forfeit the Sum of one hundred Pounds Sterling, to any Ma- Chief Magiftrate giftrate or Counfellor of the faid Borough who fhall fue for the fame, to be recovered in Manner herein .tbmdorie -he after directed. Il.iy he received l ' 1,: ' Wpt -. . XLIH, And