Members to sit in the House of Commons: And whereas the giving, or procuring to be given, or promising to give or to procure to be given, any sum of money, gift, or reward, or any office, place, employment, or gratuity, in order to procure the return of any member to serve in Parliament, if not given to or for the use of some person having a right or claiming to have a right to act as returning officer, or to vote at such election, is not bribery within the meaning of an act passed in the second year of King George the Second, intituled, An act for the more effectual preventing bribery and corruption in the election of members to serve in Parliament, but such gifts or promises are contrary to the ancient usage, right, and freedom of elections, and contrary to the laws and constitution of this realm; be it declared and enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, That if any person or persons shall, from and after the passing of this act, either by himself, herself, or themselves, or by any other person or persons for or on his, her, or their behalf, give, or cause to be given, directly or indirectly, or promise or agree to give any sum of money, gift, or reward, to any person or persons, upon any engagement, contract, or agreement, that such person or persons to whom, to whose use, or on whose behalf, such gift or promise shall be made, shall, by himself, herself, or themselves, or by any other person or persons whatsoever, at his, her, or their solicitation, request or command, procure, or endeavour to procure, the return of any person to serve in Parliament for any county, stewartry, city, town, borough, cinque port, or place, every person so having given, or promised to give, if not returned himself to Parliament for such county, stewartry, city, town, borough, cinque port, or place, shall for every such gift or promise, forfeit the sum of one thousand pounds, to be recovered in such manner as is herein-after provided, with respect to the sum of five hundred pounds; and every such person so returned, and so having given, or so having promised to give, or knowing of and consenting to such gifts or promises, upon any such engagement, contract, or agreement, shall be, and is hereby declared and enacted to be disabled and incapacitated to serve in that Parliament for such county, stewartry, city, town, borough, cinque port, or place; and that such person shall be deemed and taken, and is hereby declared and enacted to be deemed and taken, to be no member of Parliament; and enacted to be, to all intents, constructions, and purposes, as if he had never been returned or elected a member in Parliament; and any person or persons who shall receive or accept of, by himself, herself, or themselves, or by any other person or persons in trust for or to the use or on the behalf of him, her, or them, any such sum of money, gift, or reward, or any such promise upon any such APPENDIX. engagement, contract, or agreement, shall forfeit to his Majesty the value and amount of such sum of money, gift, or reward, over and above the sum of five hundred pounds, which said sum of five hundred pounds he, she, or they shall forfeit to any person who shall sue for the same, to be recovered with such costs of suit by action of debt, bill, plaint, or information, in any of his Majesty's courts of record at Westminster, if the offence be committed in that part of the united kingdom called England and Wales, and in any of his Majesty's courts of record at Dublin, if the offence be committed in Ireland, wherein respectively no essoign or wager of law, or more than one imparlance, shall be allowed; and if the offence be committed in Scotland, then to be recovered, with full costs of suit, by summary action or complaint before the Court of Session, or by prosecution before the Court of Justiciary there. II. Provided always, and be it farther enacted, That nothing in this act contained shall extend, or be construed to extend, to any money paid, or agreed to be paid, to or by any person, for any legal expence bona fide incurred at or concerning any election. III. And be it further enacted, That if any person or persons shall, from and after the passing of this act, by himself, herself, or themselves, or by any other person or persons for or on his, her, or their behalf, give, or procure to be given, or promise to give, or procure to be given, any office, place, or employment, to any person or persons whatsoever, upon any express contract or agreement that such person or persons, to whom or to whose use, or on whose behalf, such gift or promise shall be made, shall by himself, herself, or themselves, or by any other person or persons at his, her, or their solicitation, request, or command, procure, or endeavour to procure, the return of any person to serve in Parliament, for any county, stewartry, city, town, borough, cinque port, or place, such person so returned, and so having given or procured to be given, or so having promised to give or procure to be given, or knowing of and consenting to such gift or promise upon any such express contract or agreement, shall be and is hereby declared and enacted to be disabled and incapacitated to serve in that Parliament for such county, stewartry, city, town, borough, cinque port, or place, and that such person shall be deemed and taken, and is hereby declared and enacted to be deemed and taken to be no member of Parliament, and enacted to be to all intents, constructions, and purposes, as if he had never been returned or elected a member in Parliament; and any person who shall receive or accept of, by himself, herself, or themselves, or by any other person or persons in trust for or to the use or on the behalf of such persons, any such office, place, or employ ment, upon such express contract or agreement, shall forfeit such office, place, or employment, and be incapacitated for holding the same, and shall forfeit the sum of five hundred pounds, which said sum of five hundred pounds shall be recovered as is herein-before enacted; and any person holding any office under his Majesty, who shall give such office, appointment, or place, upon any such express contract or agreement, that the person to whom or for whose use such office, appointment, or place shall have been given, shall so procure or endeavour to procure the return of any person to serve in Parliament, shall forfeit the sum of one thousand pounds, to be recovered in such manner as is herein-before provided. IV. And be it further enacted, That no person shall be made liable to any forfeiture or penalty by this act created or imposed, unless some prosecution, action, or suit, for the offence committed, shall be actually and legally commenced against such person within the space of two years next after such offence against this act shall be committed, and unless such person shall be actually and legally arrested, summoned, or otherwise served with any original or other writ or process within the same space of time, so as such arrest, summons, or service of any original or other writ or process shall not be prevented by such person absconding or withdrawing out of the jurisdiction of the court out of which such original or other writ or process shall have issued; and in case of any such prosecution, suit, or process as aforesaid, the same shall be proceeded in and carried on without any wilful delay; and that all statutes of jeofails and amendments of the law whatever, shall and may be construed to extend to all proceedings in any such prosecution, action, or suit. II. Proclamation for Electing and Summoning the Sixteen Peers of Scotland. G. R. WHEREAS we have, in our council, thought fit to declare our pleasure for summoning and holding a Parliament of Great Britain on the day of next ensuing the date hereof; In order, therefore, to the electing and summoning the Sixteen Peers of Scotland, who are to sit in the House of Peers in the said Parliament, we do, by the advice of our privy council, issue forth this our royal proclamation, strictly charg ing and commanding all the Peers of Scotland to assemble and meet at Holyroodhouse, in Edinburgh, on day of the next en suing, between the hours of twelve and two in the afternoon, to nominate and choose the Sixteen Peers to sit and vote in the House of Peers in the said ensuing Parliament, by open election, and plurality of voices of the peers that shall be there present, and of the proxies of such as shall be absent, (such proxies being peers,) and producing a mandate in writing, duly signed before witnesses, and both the constituent and proxy being qualified according to law. And the Lord Clerk Register, or such two of the principal clerks of the session as shall be appointed by him to officiate in his name, are hereby respectively required to attend such meeting, and to administer the oaths required by law to be taken there by the said peers, and to take their votes; and, immediately after such election made, and duly examined, to certify the names of the Sixteen Peers so elected, and sign and attest the same in presence of the said peers, the electors, and return such certificate into our high court of Chancery of Great Britain. And we do, by this our proclamation, strictly command and require the Provost of Edinburgh, and all other the magistrates of the said city, to take special care to preserve the peace thereof during the time of the said election, and to prevent all manner of riots, tumults, disorder, and violence. And we strictly charge and command, that this our royal proclamation be duly published at the market-cross of Edinburgh, and in all the county towns of Scotland, twenty-five days at least before the time hereby appointed for the meeting of the said peers to proceed to such election. Witness ourself at Westminster, the in the day of year of our reign. GOD SAVE THE KING! III. Proclamation, on the death of one of the Sixteen Peers, for elect G. R. WHEREAS ing another. Earl of who was duly elected and returned, to be one of the Sixteen Peers of Scotland, to sit in the House of Peers, in the present Parliament of Great Britain, is since deceased: In order to the electing another peer of Scotland to sit in his room, we do, by the advice of our privy-council, issue forth this proclamation, strictly charging and commanding all the peers of Scotland to assemble and meet at Holyroodhouse, in Edinburgh, on day of the next, between the hours of twelve and two in the afternoon, to nominate and choose another peer of Scotland to sit and vote in the House of Peers of this present Parliament of Great Britain, in room of by open election, &c. as in the other. 3 I, IV. Form of a Proxy by a Peer. by virtue of the power allowed by act of Parliament to the peers of Scotland, to make proxies for nominating and appointing peers whom they shall judge fittest to sit and vote in the House of Peers of the Parliament of Great Britain, and in obedience to his Majesty's proclamation, charging and commanding all the peers of Scotland to meet at Holyroodhouse, in Edinburgh, on next, to nominate and choose the sixteen peers for Scotland, to sit and vote in the House of Peers of the ensuing Parliament of Great Britain, do, by these presents, nominate and appoint to be my proxy or attorney, to the effect under written, giving, granting, and committing full power and commission to my said proxy, for me, and in my name, to appear at the ensuing meeting of the peers of Scotland, at Holyroodhouse aforesaid, for electing sixteen peers of Scotland to sit and vote in the House of Peers of the ensuing Parliament of Great Britain, and to do every thing relating thereto, as fully, and in every respect, as I might or could do myself, were I personally present. In witness whereof, I have subscribed these presents, wrote on stampt paper by day of at the before these witnesses, &c. V. Form of a Signed List by a Peer. I, by virtue of the powers allowed by act of Parliament to the peers of Scotland, to send lists of peers whom they shall judge fittest to sit and vote in the House of Peers of the Parliament of Great Britain, and in obedience to his Majesty's proclamation, charging and commanding all the peers of Scotland to meet at Holyroodhouse, in Edinburgh, on next, to nominate and choose the sixteen peers for Scotland, to sit and vote in the House of Peers, in the ensuing Parliament of Great Britain, do, by this my list, name (here the list of sixteen peers are inserted) to sit and vote in the House of Peers of the ensuing Parliament of Great Britain. In witness whereof, I have signed and sealed these presents, at day of the before these witnesses, &c. |