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c. 131.

51 Geo. 3, (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 . B. now deceased."

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G. 5.

By § 34, The returning officer may summon all bailiffs, &c. to attend elections.

§ 35. And be it further enacted, That any constable, bailiff, or other peace officer, convicted of a breach of the peace during such election, shall be adjudged guilty of a misdemeanor, and be imprisoned for any time not more than twelve calendar months.

§ 36. And be it further enacted, That the returning officer or officers, or his or their deputy or deputies, at any election, shall have power, and he and they is and are hereby authorized, to commit all persons to gaol, without bail or mainprize, who shall be found rioting or interrupting the poll, or wilfully preventing the approach of electors to the place of polling; provided that the time of such imprisonment shall not in any case exceed twenty-four hours.

No. LXIV.

The sat. 59 Geo. 3. cap. 37.

An Act for further regulating the qualification of Members to serve in the United Parliament of Great Britain and Ireland.

WHEREAS by an act passed in the 9th year of the (9 Ann.) reign of her late majesty queen Anne, intituled, An Act for securing the freedom of parliament, by the further qualifying the members to sit in the house of commons, it was amongst other things enacted, That no person should be capable to sit or vote as a member of the house of commons, for any county, city, borough, or place,

* A bill is now pending in the house of lords, in part to repeal this act, and make further provision.-Feb. 28. It has received the Royal Assent, and a breviate of it will be found at page ccxxviii.

c. 37.

(33 G. 2.

c. 20.)

within that part of Great Britain called England, the 59 Geo. 3, dominion of Wales, and town of Berwick-on-Tweed, who should not have an estate, freehold or copyhold, for his own life, or for some greater estate either in law or equity, to and for his own use and benefit, of or in lands, tenements, or hereditaments, over and above what would satisfy and clear all incumbrances that might affect the same, lying or being within that part of Great Britain called England, the dominion of Wales, and town of Berwick-upon-Tweed, of the respective annual value there limited: And whereas by an act passed in the thirty-third year of the reign of his late majesty king George the second, intituled, An act to enforce and render more effectual the laws relating to the qualification of members to sit in the house of commons, it was enacted, that every person (except as in the said act is excepted) who should be elected a member of the house of commons should, at the time and in the manner therein directed, produce and deliver to the clerk of the said house, at the table of the said house, a paper or account, signed by such member, containing the names of the parishes, townships, precincts and counties, in which the lands, tenements, and hereditaments lay, whereby such member should make out his qualification; and should also take and subscribe the oath in the said last-recited act mentioned and contained: And whereas an act was made in the 41st year of the reign of his present majesty, intituled, An act for (41 G. 3. regulating, until the 1st day of May 1802, the trial of c. 101.)

controverted elections or returns of members to serve in the united parliament of Great Britain and Ireland, for that part of the united kingdom called Ireland, and for regulating the qualification of members to serve in the said united parliament: And whereas it is just and expedient that the provisions of the last-recited act, so far as relates to the possession of lands, tenements, and hereditaments, within Ireland, as a qualification for members to serve in parliament for places within England and Wales,

c. 37.

The lands whereby

any person shall make

out his qualifica

tion to serve

as a mem

ber for any

place in England or Ireland, may lie

either in England, Scotland,

58 Geo. 3, should be extended to lands, tenements, and hereditaments within Scotland; be it therefore enacted, &c. "That it shall be sufficient that such lands, tenements, or hereditaments, whereby any person who from and after the passing of this act shall be elected a member of the house of commons of the parliament of the said united kingdom, for any county, city, borough, cinque port, town, or place, within that part of the said united kingdom called England, or the dominion of Wales, or the town of Berwick-upon-Tweed, or within that part of the said united kingdom called Ireland, shall make out his qualification in manner by the said acts of the 9th year of the reign of her late majesty queen Anne, and the 33d year of the reign of his late majesty directed, shall lie or be either within that part of the said united kingdom called England, or the dominion of Wales, or the town of Berwick-upon-Tweed, or within that part of the said united kingdom called Scotland, or within that part of the said united kingdom called Ireland; any thing in the said acts passed in the 9th year of the reign of her late majesty queen Anne, or in the said act passed in the 33d year of the reign of his late majesty king George the second, to the contrary notwithstanding."

or Ireland.

LXV.

The Stat. 60 Geo. 3. c. 7.

An Act to amend an Act of the forty-second year of the reign of His present Majesty, for regulating the Trial of controverted Elections or Returns of Members to serve in the United Parliament for Ireland.

WHEREAS by virtue of the regulations of an act passed in the forty-second year of the reign of his present majesty, intituled An Act for regulating the Trial of controverted Elections or Returns of Members to serve in

c. 7.

the United Parliament for Ireland, certain commis. 60 Geo. 3, missioners may be appointed for the purposes of examining all such matters and things as shall be referred to them by a select committee appointed to try and determine the merits of any petition complaining of an undue election or return of a member or members to serve in the united parliament for Ireland: And whereas the said commissioners are by the said act directed to transmit a copy of the minutes of their proceedings to the Speaker of the House of Commons, within ten days after the evidence before them shall be closed: And whereas the said Speaker is directed by the said act, within two days after he shall have received such copy, to insert in the London Gazette a warrant signed by him, directing the select committee on the petition in question to re-assemble and meet again within the space of one month from the date of such warrant, provided parliament shall then be sitting: And whereas, under the provisions of the said act, the day which may be so appointed may happen to be at a time when the House of Commons may be adjourned: And whereas it would. be inconvenient that such committee should re-assemble and meet when the said House may be so adjourned; in order to remedy such inconvenience, be it enacted, &c. "That if the Speaker of the House of Commons shall receive a copy of such proceedings when the House of Commons shall be adjourned for a longer period than one month from the day on which the said Speaker is directed to insert in the London Gazette his warrant for the re-assembling and meeting of any such committee, that then and in such case the said Speaker shall, in such warrant, direct such committee to re-assemble and meet within one month next after the day to which the House may be adjourned; and if the said Speaker shall have directed the committee to meet on any day, and if the House of Commons shall subsequently adjourn to a day beyond the day so appointed for the re-assembling and

The Speakceiving a

er, on re

copy of

proceed

direct the

committee

to meet limited time after the

within a

time to

which the house may be adjourn

ed.

c. 7.

60 Geo. 3, meeting of such committee, that then and in such case the said Speaker shall insert another warrant in the next London Gazette after such adjournment, directing such committee to re-assemble and meet within one month next after the day to which the said House may be adjourned, instead of on the day first appointed, in pursuance of the provisions of the said recited act.

Commis-
sioners
transmit
a copy of

the minutes

of their proceedings with all

dispatch, assigning the reasons

§ 2. And whereas it may be found impracticable, in some instances, on account of the quantity of evidence taken before such commissioners, for such commissioners to transmit a copy of the minutes of their proceedings to the Speaker of the House of Commons convenient within ten days after the evidence before them shall be closed; be it therefore enacted, That the said commissioners shall, in such cases, transmit such copy with all convenient dispatch, and at the same time assign the reasons for such delay;, which reasons the select committee upon the petition in question are hereby directed to investigate, and report their opinion thereupon to the House, at the time they make their report on the merits of such petition.

for such delay.

Ante,

p. 205 d

No. LXVI.

Cullen v. Morris.

THIS was an action against the high bailiff of Westminster, for refusing a vote at the last election. On the trial it appeared that the plaintiff had applied to defendant to admit his vote, when an objection was made, that he was in arrear for his poor rates, the overseer said be had called for them, but did not see the voter, or had ever been by him refused payment. The plaintiff afterwards paid up his arrears during the election, and tendered his vote, which was rejected. He had often paid poor rates before for the same premisses, and had a shop full of

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