Returning duly elected in Poll has been demanded against another. In case of Candidate dying during a Poll, Persons may give their Votes over again. Returning Officers, as directed in the said last recited Act, what Messuages Lands and Tenements are exonerated from the said Land Tax, and what remains still liable thereto; by means whereof much inconvenience and delay hath arisen; BE it therefore Enacted, That from and after the passing of this Act, so much of the said recited Acts, or of any other Acts, as prohibit any Person from voting at any Election of Members to serve in Parliament, in respect of any Freehold Messuages Lands or Tenements, which have not been assessed towards some Aid granted to His Majesty by a Land Tax, shall be and the same is hereby Repealed. AND for the Prevention of unnecessary Expense at Elections, BE it Declared and Enacted, by the Authority aforesaid, That from and after the passing of this Act, if at any Election of Two or more Members to serve in Parliament for any County, City, Borough, Port or Place, the Returning Officer shall declare the view or show of hands to be in favour of any Two or more Candidates, and if a Poll shall not be demanded against all of such Candidates, so declared to have the majority upon the view or show of hands, then the Returning Officer shall in such case direct Proclamation to be made, that such Candidate or Candidates, so declared to have the Majority 11 on the view or show of hands, against whom no Poll has been demanded, will be declared duly elected, unless a Poll shall be demanded against him or them; and if upon such Proclamation being so made, no Person duly qualified by Law so to do, shall demand a Poll against such last-mentioned Candidate or Candidates, such Returning Officer shall forthwith declare such Candidate or Candidates, against whom no Poll shall have been demanded, to be duly elected to serve in Parliament for such County, City, Borough, Port or Place, and shall proceed to take the Poll for the election of the other Member or Members. AND whereas it is expedient, in the event of the death of any Candidate during a Poll, that all Persons who have given their Votes for such Candidate, should be enabled to vote over again; BE it Enacted by the Authority aforesaid, That in all cases where it shall be made to appear to the Returning Officer, or Person acting as such, upon Oath of any credible Witness, which Oath he is hereby em powered and directed to administer at any time before the Poll is finally closed at any Election, that any Candidate for whom any Votes have been given at such Election shall have died, then such Returning Officer shall cause public Notice thereof to be given, and shall direct such Poll to be adjourned till the next day, and in such case every Elector who shall have voted for such deceased Candidate, shall be admitted, if he think fit, to vote over again: Provided always, That nothing herein contained shall extend to enable any Person who shall have so voted for any deceased Candidate, to vote again for more than One Candidate, or to give such Vote in favour of any Candidate for whom he shall have before voted. 12 And And be it further Enacted, That in every such case of any Person being so admitted to vote a second time, the following words shall be omitted out of the Oaths or Affirmations now directed by Law to be taken or made by every such Person, before he is admitted to poll (that is to say) " and that I have not been before polled at this "Election ;" and that in lieu thereof, the following be inserted (that is to say) " and that I have polled at this Election for A. B. now "deceased." In such case to be omitted, certain Words &c. in the Oath. And be it further Enacted, That if any Person in taking any Oath, Penalty on Persons guilty herein before appointed or authorized to be taken before any Returning of Perjury. Officer, or Person acting as such, shall thereby commit wilful Perjury, and be thereof convicted; or if any Person shall unlawfully and corruptly procure or suborn any other Person to take any such Oath, whereby he or she shall commit such wilful Perjury, and shall be thereof convicted, he or she so offending shall incur such pains and penalties as are inflicted in and by two Acts of Parliament, the one made in the Fifth year of the reign of Queen Elizabeth, and intituled, 13 "An Act for Punishment of such Persons as shall procure or com mit any wilful Perjury," the other made in the Second year of the reign of King George the Second, intituled, "An Act for the more "effectual preventing and further punishment of Forgery, Perjury, "and Subornation of Perjury, and to make it Felony to steal Bonds, Notes, or other Securities for payment of Money;" for any Perjury or Subornation of Perjury, contrary to the said Acts. 66 Provided always, That nothing in this Act contained shall extend CLAUSE (E.) to Ireland. Act not to extend to Ireland. For the Amendment of the Election Laws, so far as relates to the Land Tax Assessment. Note.-The Figures in the Margin denote the Number of the Folios in the written Copy. HEREAS an Act was passed in the Twentieth year of Preamble. the Reign of His present Majesty, intituled, "An Act to remove certain difficulties relative to Voters at County Elections;" whereby it is amongst other things enacted, That from and after the first day of January one thousand seven hundred and eighty-one, no Person shall vote for electing a Knight of the Shire to serve in Parliament within that part of Great Britain called England, or the Principality of Wales, in respect of any Messuages, Lands or Tenements, which have not for six calendar months next before such election, been charged or assessed towards some Aid granted or to be granted to His Majesty, His Heirs or Successors, by a Land Tax: 66 7 And whereas by an Act passed in the Nineteenth year of the reign of King George the Second, and intituled, "An Act for better regulating of Elections of Members to serve in Parliament for such "Cities and Towns in that part of Great Britain called England "as are Counties of themselves," it is enacted, That no Person shall vote for the electing a Member for any City or Town being a County of itself, in England, in respect of any Freehold Messuages, Lands or Tenements, of the yearly value of Forty Shillings, which have not been assessed towards some Aid granted to His Majesty by a Land Tax twelve calendar months next before the Election: And whereas by an Act passed in the Forty-second year of the reign of His present Majesty, intituled, "An Act for consolidating "the Provisions of the several Acts passed for the Redemption and "Sale of the Land Tax into one Act, and for making further provision for 117. A Persons to be entitled to vote, al though not assessed to the Land Tax. "for the Redemption and Sale thereof, and for removing Doubts 66 respecting the right of Persons claiming to vote at Elections for Knights of the Shire and other Members to serve in Parliament, in "respect of Messuages Lands or Tenements, the Land Tax upon "which shall have been redeemed or purchased," it is amongst other things Enacted, That every Person who shall tender his Vote at the Election of any Knight or Knights of the Shire, or other Member or Members to serve in Parliament, within that part of Great Britain called England, or the Principality of Wales, in respect of any Messuages Lands or Tenements, of the quality and value which would by Law entitle him to vote at such Election, the Land Tax charged whereon shall have been redeemed or purchased, shall, from and after the be entitled to vote at any such Election as aforesaid, without being compelled to show that such Messuages Lands or Tenements have been assessed to the Land Tax, upon proving to the satisfaction of the Returning Officer, on Oath, or otherwise, that such Land Tax hath at any time previously to such Election been redeemed or purchased, and the said Messuages Lands or Tenements become exonerated therefrom: And whereas it appears that more than One-third of the whole of the Land Tax formerly charged upon Messuages Lands and Tenements, in England and Wales, hath already been redeemed and purchased: And whereas great difficulty hath arisen at Elections in distinguishing and proving, to the satisfaction of Returning Officers, as directed in the said last recited Act, that Messuages Lands and Tenements are exonerated from the said Land Tax, and what remains still liable thereto; by means whereof much inconvenience and delay hath arisen ; May it therefore please Your MAJESTY, That it may be Enacted; And be it Enacted by The KING's Most so much of the said recited Acts, or of any 4 other Acts, as prohibit any Person from voting at any Election of Members to serve in Parliament, in respect of any Freehold Messuages Lands or Tenements, which have not been assessed towards some Aid granted to His Majesty by a Land Tax, shall be and the same is hereby repealed. 3 |