ployment or Gift, in order to give his vote at the Election.

This Oath the Officer taking the Poll, is to adminifter gratis, on Forfeiture of 50l. to the Perfon that fhall fue for the fame, to be recovered with full Cofts by Action of Debt, c. And no Person fhall be admitted to vote till he has taken the faid Oath in a publick Manner, if demanded, before the Returning Officer, or others legally deputed by him. And if any Sheriff, Mayor, Bailiff, or other Returning Officer, fhall admit any Perfon to be polled, without taking fuch Oath, on the fame being demanded, fuch Returning Officer, and the Perfon fo voting, fhall forfeit 100/. with full Cofts.

Alfo every Sheriff, Mayor, Bailiff, or other Perfon, being the Returning Officer of any Member to ferve in Parliament, fhall immediately after reading the Writ for the Election, take and fubfer.be an Oath, that he hath not, directly nor indirectly, received any Sum or Sums of Money, Office, Place or Imployment, Gift or Reward, or any Bond, Bill or Note, or any Promife or Gratuity whatso ever, either by himself, or any other Perfon to his Ufe, Benefit or Advantage, for making any Return at the prefent Election of Members to ferve in Parliament; and that he will return fuch Perfon or Perfons as fhall, to the belt of his Judgment, appear to him to have the Majority of legal Votes. Which Oath any Juftice of Peace of the County, City, Corporation or Borough where the Election fhall be made, or in his Absence, any. three of the Electors are required and authorized to adminifter.

If any Perfon who hath, or claims to have a Right to vote in any fuch Election, fhall ask, receive or take any Money or other Reward, by

way of Gift, Loan, or other Device, or agree or contract for any Money, Gift, Office or Employment, &c. to give his Vote, or to refufe or forbear giving his Vote in any fuch Election; or if any Perfon by himself, or any one employed by him, fhall by any Gift or Reward, or any Promife, Agreement or Security for any Gift, &c. corrupt or procure any Perfon to give his Vote, or to forbear giving the fame in any Election; the Offender in any of the Cafes aforesaid, fhall for every Offence forfeit 500 l. and being lawfully convicted thereof, fhall be for ever difabled to vote in any Election of Members of Parliament, and to hold or enjoy any Office or Franchise in any City, Borough, or Town Corporate, as if such Person was naturally · dead.

But if any Person so offending, shall within twelve Months next after fuch Election, difcover any other Offender against this Act, so that he be thereof convicted, the Perfon discovering and nor having before that Time been convicted of any Offence, fhall be indemnified and discharged from all Penalties and Disabilities: And no Perfon fhall be made liable to any Incapacity, Disability, Forfeiture or Penalty by this Act impofed, unless Profecution is commenced within two Years after fuch Incapacity, c. fhall be incurred; or the fame be carried on without Delay.

And by this A&t, fuch Perfons fhall be deemed to have legal Votes, which have been so declared by the laft Determination in the Houfe of Commons; which Determination concerning any County, Shire, City, Borough or Place, fhall be final to all Intents and Purposes. It is ordained that this Statute fhall be read publickly before the Electors on any Election; and alfo once a Year at the Quarter-Seffions.

As

As to who are or ought to be the Electors in Boroughs, it has been formerly refolved, that where there is no Charter or Cuftom to the contrary, the Election of Members of Parliament in Boroughs is to be made by all the Houfholders, and not Freeholders only: And it is held, that the Commonalties of Cities, and Commoners of Boroughs, being the ordinary Sort of Citizens, Burgeffes, or Freemen, have generally the Right of E ections.

An Action of the Cafe lies against the Officers of a Borough, &c. for refufing an Elector's Vote, who hath a Right thereto; according to the Opinion of the Lord Chief Juftice Holt, who gave thefe Reasons for it: That a Freeholder hath a Right to vote, by Reafon of his Freehold, and it is a real Right, and the Value of his Freehold was not material till the Statute which requires it to be 40 s. per Annum; that as it is Ratione liberi Tènementi in Counties, fo in ancient Boroughs they have a Right to vote ratione Burgagii; and' in Cities and Corporations, it is ratione Franchefia, and a Perfonal Inheritance, vefted in the whole Corporation, but to be used by the particular Members; that this is a noble Privilege, which intitles the Subject to a Share in the Government and Legislature; and if a Perfon hath a Right to vote, he must have a Remedy to affert that Right, and refufing to take his Vote, is an Injury and Damage actionable. 1 Salk. 19.

There fhall be a free and indifferent Election made of Knights of the Shire in full County, notwithstanding any Request or Command to the contrary; and after fuch Election the Names of the Parties cholen fhall be written in an Indenture under the Seals of the Electors, which Indenture fo fealed and tacked to the Writ for Election shall be the Sheriff's Return thereof. 7 H. 4. No Perfon ftanding

ftanding Candidate to be elected, fhall by himself, or any other ways at his Charge, make any Prefent of, or allow Money, Meat, Drink, or Entertainment, to any Electors, or to any County, City or Town, &c. in general, after the Tefte of the Writ of Summons, or ifsuing out of the Writ of Election, or after any Place of a Member becomes vacant; but for this Bribery he shall be incapacitated to serve as a Member of Parliament. Forty Days are to be between the Tefte and Return of Writs of Summons to Parliament; and Sheriffs three Days after Receipt of Writs to elect Members, must issue out Precepts to Boroughs, &c. who are to proceed to Election in eight Days: And the Sheriff is to hold his County Court, at the most publick and usual Place for Election of Knights of the Shire, to poll the Freeholders, make no unneceffary Adjournments, and deliver Copies of the Poll, &c. under Penalty of 500 l. Alfo Sheriffs and other Returning Officers fhall make their Returns in fourteen Days after the Election, on the like Penalty: Falle Returns of Members incur double Damages, &c. and Perfons making Contracts, or giving any Reward for a falfe or double Return, Thall forfeit 300 l. And the Secretary at War fhall iffue Orders for Removal of all Soldiers that shall be quartered in any City, Town, or Borough, where any Election fhall be, until after the Poll taken, c. Statutes 7 & 8 W. 3. c. 4, 7 & 25. 10 & 11 W. 3. c. 7. 8 Geo. 2. c. 30.

The Qualification of Freeholders, &c. to be Juftices of Peace.

IN

N every County there fhall be affign'd for the keeping of the Peace, one Lord, and three or four of the moft worthy Perfons as Juftices, with fome learned in the Law, who fhall have Power to arreft and chaftife Rioters, Barretors and other. Offenders, and to imprifon and punish them according to Law; alfo to tind People of evil Fame to the good Behaviour, and to hear and determine Felonies and Trefpaffes done in the County, by the Statute 34 Ed. 3.

These Juftices of Peace are to be made of the moft fufficient Perfons dwelling in the fame Counties, by the Advice of the Chancellor and the King's Council, without taking others refiding in foreign Counties to execute that Office; except Lords, Juftices of Affife, and the King's chief Stewards, of the Duchy Lands in the North and South Parts: And Lords named in the Commiffion of the Peace, the Judges of both Benches, Serjeants at Law, and the King's Attorney, are excepted as to Refidence in the fame County, by another Statute. 2 Hen. 5. Stat. 2. c. I. 2 H. 5. Stat. 1. c. 4.

None fhall be Juftices of Peace, (except in Cities and Corporation Towns, &c. and Perfons learned in the Law) unless they have Lands or Tenements of the Value of 20 l. a Year; and if any be put into the Commiffton, not having Lands to that Value, and do not within one Month after Notice thereof acquaint the Lord Chancellor therewith; or do fit, or make any Warrant or Precept by Force of fuch Commiffion, he fhall forfeit 20. to be di