per

soever, concerned or employed in the charging, collecting, levying, or managing, the duties of excise, or any branch or part thereof; nor any commissioner, collector, comptroller, searcher, or other officer or person whatsoever, concerned or employed in the charging, collecting, levying or managing the customs, or any branch or part thereof; nor any commissioner, officer or other son concerned or employed in collecting, receiving, or managing, any of the duties on stamped vellum, parchment, and paper; nor any person appointed by the commissioners for distributing of stamps; nor any commissioner, officer, or other person employed in collecting, levying, or managing, any of the duties on salt; nor any surveyor, collector, comptroller, inspector, officer, or other person employed in collecting, managing, or receiving, the duties on windows or houses; nor any postmaster, postmasters general, or his or their deputy, or deputies, or any person employed by or under him or them, in receiving, collecting, or managing the revenue of the post-office, or any part thereof; nor any captain, master, or mate, of any ship, packet, or other vessel, employed by or under the postmaster, or postmasters general, in conveying the mail to and from foreign ports, shall be capable of giving his vote for the election of any knight of the shire, commissioner, citizen, burgess, or baron, to serve in Parliament for any county, stewartry, city, borough or cinque port, or for choosing any delegate in whom the right of electing members to serve in Parliament for that part of Great Britain called Scotland, is vested: And if any person hereby made incapable of voting, as aforesaid, shall nevertheless presume to give his vote during the time he shall hold, or within twelve kalendar months after he shall cease to hold, or execute any of the offices aforesaid, contrary to the true intent and meaning of this act, such votes so given shall be held null and void to all intents and purposes whatsoever, and every person so offending shall forfeit the sum of one hundred pounds, one moiety thereof to the informer, and the other moiety thereof to be immediately paid into the hands of the treasurer of the county, riding, or division, within which such offence shall have been committed, in that part of Great Britain called England; and into the hands of the clerk of the justices of the peace of the counties or stewartries in that part of Great Britain called Scotland, to be applied and disposed of to such purposes as the justices, at the next general quarter session of the peace to be held for such county, stewartry, riding, or division, shall think fit, to be recovered by any person that shall sue for the same, by action of debt, bill, plaint, or information, in any of his majesty's courts of record at Westminster, in which no essoin, protection, privilege, or wager of law, or more than one imparlance, shall be allowed; or by summary complaint before the Court of Session in Scotland; and the person convicted on any such suit shall thereby become disabled and inca

pable of ever bearing or executing any office, or place of trust whatsoever under his majesty, his heirs and successors.

II. Provided always, and be it enacted, that nothing in this act contained shall extend, or be construed to extend, to any person or persons, for or by reason of his or their being a commissioner, or commissioners, of the land-tax, or for or by reason of his or their acting by or under the appointment of such commissioners of the land-tax, for the purpose of assessing, levying, collecting, receiving or managing, the land-tax, or any other rates or duties already granted or imposed, or which shall hereafter be granted or imposed by authority of Parliament.

III. Provided also, and be it further enacted, that nothing in this act contained shall extend, or be construed to extend, to any office now held, or usually granted to be held, by letters patent, for any estate of inheritance or freehold.

IV. Provided always, and be it enacted by the authority aforesaid, that nothing herein contained shall extend to any person who shall resign his office or employment on or before the said first day of August one thousand seven hundred and eighty-two.

V. Provided also, and be it enacted, that no person shall be liable to any forfeiture or penalty by this act laid or imposed, unless prosecution be commenced within twelve months after such penalty or forfeiture shall be incurred.

Anno Vicesimo Secundo GEORGII III. REGIS, Cap. XLV.

An Act for restraining any Person concerned in any contract, commission, or agreement made for the public service, from being elected, or sitting and voting as a member of the House of Commons.

For further securing the freedom and independence of Parliament, be it 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, from and after the end of this present session of Parliament, any person who shall, directly or indirectly, himself, or by any person whatsoever in trust for him, or for his use or benefit, or on his account, undertake, execute, hold, or enjoy, in whole or in part. any contract, agreement, or commission made or entered into with, under, or from the commissioners of his Majesty's treasury, or of the navy or victualling-office, or with the master-general or board of ordnance, or with any one or more of such commissioners, or with any other person or persons whatsoever, for or on account of the public service, or shall knowingly and willingly furnish or provide, in pur

suance of any such agreement, contract, or commission which he or they shall have made or entered into, as aforesaid, any money to be remitted abroad, or any wares or merchandize to be used or employed in the service of the public, shall be incapable of being elected, or of sitting or voting as a member of the House of Commons during the time that he shall execute, hold, or enjoy any such contract, agreement, or commission, or any part or share thereof, or any benefit or emolument arising from the same.

II. And be it further enacted, by the authority aforesaid, that, if any person, being a member of the House of Commons, shall, directly or indirectly, himself, or by any other person whatsoever in trust for him, or for his use or benefit, or on his account, enter into, accept of, agree for, undertake, or execute, in the whole or in part, any such contract, agreement, or commission, as aforesaid, or if any person, being a member of the House of Commons, and having already entered into any such contract, agreement, or commission, or part or share of any such contract, agreement, or commission, by himself, or by any other person whatsoever, in trust for him, or for his use or benefit, or upon his account, shall, after the commencement of the next session of Parliament, continue to hold, execute, or enjoy the same, or any part thereof, the seat of every such person in the House of Commons shall be, and is hereby declared to be void.

III. Provided always, and be it enacted, that nothing herein contained shall extend, or be construed to extend to any contract, agreement, or commission made, entered into, or accepted by any incorporated trading company, in its corporate capacity, nor to any company now existing or established, and consisting of more than ten persons, where such contract, agreement, or commission shall be made, entered into, or accepted, for the general benefit of such incorporation or company.

IV. Provided also, and be it enacted, that nothing in this act contained shall extend, or be construed to extend, to any contract, agreement, or commission made, entered into, or accepted before the passing of this act, the term whereof will expire in the space of one year from the time of making thereof.

V. Provided also, and be it enacted, that, where any contract, agreement, or commission has been made, entered into, or accepted, with a provision that the same shall continue until a year's notice be given of the intended dissolution thereof, the same shall not disable any person from sitting and voting in Parliament, until one year after the said notice shall be actually given for the determination of the said contract, agreement, or commission, or till after twelve kalendar months, to be computed from the time of passing this act.

VI. Provided also, and be it enacted, that nothing herein contained shall extend, or be construed to extend to any person on whom, after the passing of this act, the completion of any contract,

agreement, or commission shall devolve by descent or limitation, or by marriage, or as devisee, legatee, executor, or administrator, until twelve kalendar months after he shall have been in possession of the

same.

VII. Provided also, and be it enacted, that any person who is now a member of the House of Commons, and holds and enjoys any such contract, agreement, or commission, as aforesaid, may be discharged from the execution thereof, on giving twelve months notice to the person or persons with, or from whom such contract, agreement, or commission is made, entered into, or accepted, of his desire that the same shall cease and determine; and such contract, agreement, or commission, after the expiration of the term aforesaid, shall be null and void.

VIII. Provided also, that, if any person, actually possessed of a patent for a new invention, or a prolongation thereof by act of Parliament, and having contracted with Government concerning the object of the said patent before the passing of this act, shall give notice of his intention to dissolve the said contract, the same shall be null and void from the time of giving such notice.

IX. And be it further enacted, by the authority aforesaid, that, if any person, hereby disabled or declared to be incapable to sit or vote in Parliament, shall nevertheless be returned as a member to serve for any county, stewartry, city, borough, town, cinqueport, or place in Parliament, such election and return are hereby enacted and declared to be void: And if any person, disabled and declared incapable by this act to be elected, shall, after the end of this present session of Parliament, presume to sit or vote as a member of the House of Commons, such person, so sitting or voting, shall forfeit the sum of five hundred pounds for every day in which he shall sit or vote in the said House, to any person or persons who shall sue for the same in any of his Majesty's courts at Westminster; and the money so forfeited shall be recovered by the person or persons so suing, with full costs of suit, in any of the said courts, by any action of debt, bill, plaint, or information, in which no essoin, privilege, protection, or wager of law, or more than one imparlance shall be allowed, or by summary complaint before the Court of Session in Scotland: And every person against whom any such penalty or forfeiture shall be recovered by virtue of this act, shall be from thenceforth incapable of taking or holding any contract, agreement, or commission for the public service, or any share thereof, or any benefit or emolument from the same in any manner whatsoever.

X. And be it enacted, that, in every such contract, agreement, or commission to be made, entered into, or accepted as aforesaid, there be inserted an express condition, that no member of the House of Commons be admitted to any share or part of such contract, agreement, or commission, or to any benefit to arise therefrom; and that,

in case any person or persons, who hath or have entered into or accepted, or who shall enter into or accept any such contract, agreement, or commission, shall admit any member or members of the House of Commons to any part or share thereof, or to receive any benefit thereby, all and every such person and persons shall, for every such offence, forfeit and pay the sum of five hundred pounds, to be recovered, with full costs of suit, in any of his Majesty's courts of record at Westminster, by any person or persons who shall sue for the same, by any action of debt, bill, plaint, or information, in which no essoin, privilege, protection, or wager of law, or more than one imparlance, shall be allowed, or by summary complaint before the Court of Session in Scotland.

XI. Provided also, and be it enacted, that no person shall be liable to any forfeiture or penalty inflicted by this act, unless a prosecution shall be commenced within twelve kalendar months after such penalty or forfeiture shall be incurred.

Anno Vigesimo Quinto GEORGII III. CAP. 84.

The following clauses of this act relate to Scotland.

XIV. And be it further enacted, That if any sheriff or returning officer shall wilfully delay, neglect, or refuse duly to return any person who ought to be returned to serve in Parliament for any county, city, borough, or place within Great Britain, every such person may, in case it shall have been determined by a select committee, appointed in the manner herein before directed, that such person was entitled to have been returned, sue the sheriff, or other officer or officers, having so wilfully delayed, neglected, or refused duly to make such return, and every or any of them at his election, in any of his Majesty's Courts of Record at Westminster, or the Court of Session in Scotland; and shall recover double the damages he shall sustain by reason thereof, together with full costs of suit.

XV. Provided always, and be it further enacted, That every indictment, information, or action, for any offence against this act, shall be found, filed, or commenced within one year after commission of the fact on which such indictment, information, or action shall be grounded, or within six months after the conclusion of any proceedings in the House of Commons relating to such election.

PP