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68.

In prosecutions for bigamy, a mar- proved in the ordinary manner riage

, in fact, must be proved: per The repealed statute of i Jac. 1, c. Lord Mansfield, Morris v. Miller; 11, contained, amongst other excep4 Burr. 2059. But see Truman's tions to the penalties of bigamy, one cas, 1 E. P. C. 470. But it is of no in favour of those persons who had consequence, that the first marriage been married within the age of is roidable, by reason of consan consent, i. e. fourteen, in case of a guinity, affinity, or the like: 3 Inst. male, and twelve, in case of a fe

marriage celebrated out male. As this enactment was only of England, according to the lex in affirmance of the common law, turi, is recognized in this country as the law in that respect remains the a valid marriage. Therefore, a

By the Marriage Act (4 marriage in Scotland, between En- Geo. 4, c. 76, s. 22), certain marlist, subjects, according to the riages are declared null and void. Scotch law, is good in our courts: For the act, see the Appendix. For

, Dalrymple, 2 Hagg. more on the subject of bigamy, see 34; Harford v. Morris, ib. 430.

1 Haw. P. C. c. 52; 1 E, P. C. c. 12; The marriage acts do not extend to

1 Russ. c. 23; Butl. Co. Lit. 79 h. Jews or Quakers, but they include

n. 1; 3 Stark. Ev. Polygamy; Rosall other dissenters; the marriages coe, Ev. 287. of the latter must therefore be

same.

Dalrymple

BLASPHEMY.

(See also tit. Libel.')

9 & 10 Will.3, c. 32. Whereas, many persons have, of late years, openly alowed and published many blasphemous and impious opinions, contrary to the doctrines and principles of the Christian religion, greatly tending to the dishonour of Almighty God, and may prove destructive to the peace od Welfare of th is kingdom, wherefore, for the more effectual suppressing of the said detestible crimes, be it enacted, &c., that if any person or persons, having been educated in, Persons de. er at ligion within the reasm, shall by writing, printing, teaching, &c.

maintain there are more gods than one, or shall deny of, disabled the Christian religion to be true, or the holy scriptures to hold any and shall, upon indictment or information in any of his majesty's courts at Westminster, or at the assizes, be thereof lawfully convicted by the oath of two or more offence, shall be adjudged incapable and disabled in law, credible witnesses, such person or persons, for the first to all intents and purposes whatsoever, to have or enjoy att oice or offices, employment or employments, ecclesiastical, civil, or military, or any part in them, or aus profit or advantage appertaining to them, or any of lidem; and if any person or persons, so convicted as afore

106, or advised speaking,

.

assert being con.

victed there. tere.

thereof.

tious.

said, shall, at the time of his or their conviction, enjoy or possess any office, place, or employment, such office, place,

or employment shall be void, and is hereby declared void. Further dis. And if such person or persons shall be a second time lawabilities if a fully convicted, as aforesaid, of all or any the aforesaid secondaime crime or crimes, that then he or they shall from henceforth convicted

be disabled to sue, prosecute, plead, or use any action or information, in any court of law or equity, or to be guardian of any child, or executor or administrator of any person, or capable of any legacy or deed of gift, or to bear any office, civil or military, or benefice ecclesiastical, for ever, within this realm, and shall also suffer imprisonment for the space of three years, without bail or mainprize,

from the time of such conviction. Limitations II. Provided always, and be it enacted, by the authoof prosecu- rity aforesaid, that no person shall be prosecuted by virtue

of this act, for any words spoken, unless the information of such words shall be given upon oath before one or more justice or justices of the peace, within four days after such words spoken, and the prosecution of such offence be

within three months after such information. Offenders, III. Provided also, and be it enacted, by the authority on renounc. aforesaid, that any person or persons, convicted of all or opinions in any of the aforesaid crime or crimes, in manner aforesaid, four months shall, for the first offence (upon his, her, or their acknow

ledgment and renunciation of such offence or erroneous viction shall opinions, in the same court where such person or persons be discharg.

was or were convicted, as aforesaid, within the space of nalty, &c. four months after his, her, or their convictiou), be dis

charged from all penalties and disabilities incurred by such conviction; any thing in this act contained to the

contrary thereof, in any wise, notwithstanding. Note.-The words omitted in the Eldon's opinion on this act, and the first section are,

“ deny any one of 53 Geo. 3, c. 160, in Attorney-Gene the persons in the Holy Trinity to ral v. Pearson, 3 Mer. 379. The be God, or shall.” This clause is proper meaning of blasphemy, when repealed by statute 53 Geo. 3, c. 160. used at common law, appears to In Rex v. Carlisle, 3 B. & A. 161, be profaneness against the general the court held clearly, that this principles of religion and morality. statute had not put an end to the S. C. Mr. Merivale's note. See also common law offence, its provisions Rex v. Waddington, 1 B. & C. 26. being cumulative. See also Lord

after con

ed from pe

BRIBERY.

34 Edw. 3, c. 1. Justices shall do right to

First, we have commanded all our justices, that they persons shall, from henceforth, do equal law and execution of right

to all our subjects, rich and poor, without having regard to gard of let- any person, and without omitting to do right for any letters

all without re

or commandment which may come to them from us or from any other, or by any other cause. And if that any letters Shall certify writs, or commandments, come to the justices, or to other illegal como

maudunents. deputed to do law and right according to the usage of the realm, in disturbance of the law, or of the execution of the same, or of right to the parties, the justices and others aforesaid shall proceed and hold their courts and processes when the pleas and matters be depending before them, as if no such letters, writs, or commandments were come to them; and they shall certify us and our council of such commandments which be contrary to the law, as afore is said. And to the intent that our justices should do even right to all people, in the manner aforesaid, without more favour showing to one than to another, we have ordained and caused oor said justices to be sworn, that they shall not from lienceforth, as long as they shall be in the office of justice, take fee nor robe of any man, but of ourself; and that they shall take shall take no gift nor reward, by themselves nor by other, poree of any

of privily nor apertly, of any man that hath to do before them, by any way, except meat and drink, and that of smali value; and that they shall give no counsel to great man or nor give small, in case where we be party, or which do or may touch us in any point, upon pain to be at our will, king is parbody, lands, and goods, to do thereof as shall please us, ty. in case they do contrary. And for this cause, we have increased the fees of our justices in such manner as it ought reasonably to suffice them.

Note.-Bribery is the receiving definition of bribery, given by the or offering any undue reward, by earlier authors, as Lord Coke, or to any person whatsoever, whose Hawkins, &c. But, since the pasordinary profession relates to the sing of stat. 2 Geo. 2, c. 24, the administration of public justice, in courts bave taken notice of anorder to influence his behaviour in other kind of bribery, as an indictoffice, and incline him to act con- able offence at common law, name. trary to the rules of honesty : 1 Russ. ly, bribery at elections for members 156. This is the usual and limited of Parliament. See post.

king;

counsel when the

7 & 8 Will. 3, c. 4. Whereas grievous complaints are made, and manifestly Bribery at appear to be true, in the kingdom, of undue elections of elections. members of parliament, by excessive and exorbitant expenses, contrary to the laws, and in violation of the free. dom due to the election of representatives for the commons of England in parliament, to the great scandal of the kingdom, dishonourable, and may be destructive to the constitution of parliaments : wherefore, for remedy therein, and that all elections of members to parliament may be hereafter freely and indifferently made, without charge or expense, be it enacted and declared, &c., that no person or persons, hereafter to be elected to serve in parliament for

after the teste of the

any county, city, town, borough, port, or place, within the kingdom of England, dominion of Wales, or town of Ber- wick-upon-Tweed, after the teste of the writ of summons to parliament, or after the teste or the issuing out or ordering of the writ or writs of election, upon the calling or summoning of any parliament hereafter, or after any such place becomes vacant hereafter, in the time of this present or of any other parliament, shall, or do hereafter, by himself or themselves, or by any other ways or means, on his or their behalf, or at his or their charge, before his or their election to serve in parliament for any county, city, town, borough, port, or place within the kingdom of England,

dominion of Wales, or town of Berwick-upon-Tweed, diCandidates rectly or indirectly give, present, or allow to any person

or persons having voice or vote in such election, any mo

ney, meat, drink, entertainment, or provision, or make any writ, &c. giving or

present, gift, reward, or entertainment, or shall, at any time promising bereafter, make any promise, agreement, obligation, or any present engagement, to give or allow any money, meat, drink, proto any per

vision, present, reward, or entertainment to or for any son having such person or persons in particular, or to any such county, vote, for city, town, borough, port, or place in general, or to or for being so eiected;

the use, advantage, benefit, employment, profit, or preferment, of any such person or persons, place or places, in order to be elected, or for being elected, to serve in parliament for such county, city, borough, town, port, or

place. iucapable II. And it is hereby further enacted and declared, that Parliament.

every person and persons so giving, presenting, or allowing, making, promising or engaging, doing, acting, or proceeding, shall be, and are hereby declared and enacted to be, disabled and incapacitated, upon such election, to serve in parliament for such county, city, town, borough, port, or place; and that such person or persons shall be deemed and taken, and are hereby declared and enacted to be deemed and taken, no members in parliament, and shall not act, sit, or have any vote or place in parliament, but shall be, and are hereby declared and enacted to be, to all intents, constructions, and purposes, as if they had never been returned or elected members for the parliament.

to serve in

2 Geo. 2, c. 24. Electors of Whereas it is found by experience, that the laws already parliament- in being have not been sufficient to prevent corrupt and the follow. illegal practices in the election of members to serve in par. ing oath, it liament: for remedy, therefore, of so great an evil, and to demanded. the end that all elections of members to parliament may

hereafter be freely and indifferently made, without charge or expence, be it enacted, &c., that from and after the 24th day of June, in the year of our Lord 1729, upon every

officer tu administer

election of any member or members to serve for the com. mons in parliament, every freeholder, citizen, freeman, bargess, or person having or claiming to have a right to Tote or be polled at such election, shall, before he is ad. mitted to poll at the same election, take the following oath, (or being one of the people called Quakers, shall make the solemn affirmatiou appointed for Quakers) in case the same shall be demanded, by either of the candi. dates, or of any two of the electors; that is to say

'1, A. B., do swear (or being one of the people called Elector's Quakers, I, A. B., do solemnly affirm), I have not received oathi. or bad by myself, or any person whatsoever in trust for me, or for my use and benefit, directly or indirectly, any sum or sums of money, office, place or employment, gift or reward, or any promise or security for any money, office, employment, or gift, in order to give my vote at this election, and that I have not been before polled at this election.'

Which oath or affirmation the officer or officers presiding Presiiling or taking the poll at such election, is, and are hereby empowered and required to administer, gro if demanded,

it, on for. as aforesaid, [upon pain of forfeiting fifty pounds upon feitore of refusal]; and no person shall be admitted to poll till he 501. has taken and repeated the said oath in public manner, in case the same shall be demanded, as aforesaid, before the returning officer, or such others as shall be legally deputed by him.

II. (Enacts, that if any sheriff, &c. or other returning offi. cer, shall admit any person to be polled without taking such oath if demanded, he shall forfeit one hundred pounds, &c. and the person voting shall incur the same penalty.]

III. And be it further enacted, &c. that every sheriff, Oath of re: mayor, bailiff, headborough, or other person, being the re

turning offi turning officer of any member to serve in parliament, shall, immediately after the reading the writ or precept for the election of such member, take and subscribe the following oath, viz.

"T, A.B., do solemnly swear, that I have not, directly or indirectly, received any sum or sums of money, office, place or employment, gratuity or reward, or any bond, bill or note, or any promise or gratuity whatsoever, either by myself or any other person to my use, or benefit or advantage, for making any return at the present election of members to serve in parliament; and that I will return such person or persons as shall, to the best of my judgment, appear to me to bave the majority of legal votes.'

Which oath any justice or justices of the peace of the said county, city, corporation, or borough, where such election shall be made, or, in his or their absence, any three of the electors, are hereby required and authorized to admi

cer.

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