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Penalty of wilful per

jury.

Persons con

nister; and such oath, so taken, shall be entered among the records of the sessions of such county, city, corporation, or borough, as aforesaid.

V. And be it further enacted, &c. that if any returningofficer, elector, or person, taking the oath or affirmation hereinbefore mentioned, shall be guilty of wilful and corrupt perjury, or of false affirming, and be thereof convicted by due course of law, he shall incur and suffer the pains and penalties which by law are enacted or inflicted in cases of wilful and corrupt perjury.

VI. And be it further enacted by the authority aforesaid, victed never that no person convicted of wilful and corrupt perjury, or capable to subornation of perjury, shall, after such conviction, be ca

voting. pable of voting in any election of any member or members to serve in parliament.

Persons tak

or reward for their vote, &c.

forfeit 5001. and disabled to vote, &c.

VII. And be it further enacted by the authority afore. ing money said, that if any person who hath, or claimeth to have, or hereafter shall have, or claim to have, any right to vote in any such election, shall from and after the said 24th day of June, which shall be in the year of our Lord 1729, ask, receive, or take any money or other reward by way of gift, loan, or other device, or agree or contract for any money, gift, office, employment, or other reward whatsoever, to give his vote, or to refuse or forbear to give his vote, in any such election, or if any person by himself, or any person employed by him, doth or shall, by any gift or reward, or by any promise, agreement, or security for any gift or reward, corrupt or procure any person or persons to give his or their vote or votes, or to forbear to give his or their vote or votes in any such election, such person so offending in any of the cases aforesaid, shall for every such offence forfeit the sum of five hundred pounds of lawful money of Great Britain, to be recovered as before directed, (i.e. by action of debt, bill, plaint, or information in any of his Majesty's courts of record,) together with full costs of suit; and every person offending in any of the cases aforesaid, from and after judgment obtained against him in any such action of debt, bill, plaint or information, or summary action or prosecution, or being any otherwise lawfully convicted thereof, shall for ever be disabled to vote in any election of any member or members to parliament, and also shall for ever be disabled to hold, exercise, or enjoy, any office or franchise, to which he and they then shall or at any time afterwards may be entitled, as a member of any city, borough, town corporate, or cinque port, as if such person was naturally dead.

Prosecntions to

commence

within two years.

XI. Provided always, and it is hereby declared and enacted by the authority aforesaid, that no person shall be made liable to any incapacity, disability, forfeiture, or penalty by this act laid or imposed, unless prosecution be

commenced within two years after such incapacity, disability, forfeiture, or penalty shall be incurred, or in case of a prosecution, the same be carried on without wilful delay, any thing herein contained to the contrary notwithstanding.

Note. Wherever a person is bound by law to act without any view to his own private emolument, and another, by a corrupt contract, engages such person, on the condition of the payment or promise of money, or other lucrative consideration, to act in a manner which he shall prescribe, both parties are by such contract guilty of bribery: 2 Doug. Law of Elections, n. b.

Bribery at elections for members of Parliament was always a crime at common law, and consequently punishable by indictment or information; but, in order to enforce the law, the severe penalties contained in this statute were introduced, the legislature not meaning to take away the common-law crime; but to add a penal action, as appears by the words," or being otherwise lawfully convicted thereof," contained in the seventh section. However, the court will not, in ordinary cases, interpose by infor

mation at common law_until_the two years are expired: R. v. Pitt, 3 Burr. 1339; and see R. v. Haydon, 3 Burr. 1359. The same incapacities ensue, upon a conviction, on a prosecution for bribery by way of information at common law, as when the proceeding is by an action under the statute: 4 Doug. L. E. 294. For cases on the construction of this statute, see 1 Russ. 159; and see, on the construction of the 8th section, Sibley v. Cumming, 4 Burr. 2465; Curgenven v. Cumming, 4 Burr. 2504; Pugh v. Curgenven, 3 Wils. 35. It has been decided, that where a voter received money after an election, for having voted for a particular candidate, but no agreement for any such payment was proved to have been made before the election, the case was not within the statute. Lord Huntingtower v. Gardiner, 1 B. &C. 297.

49 Geo. 3, c. 118.

[Recites, that the offences thereinafter provided for, are not included in 2 Geo. 2, c. 24, and proceeds thus:]

any engage

or endea

Be it declared and enacted, &c., that if any person or per- Penalty on sons shall, from and after the passing of this act, either by persons en himself, herself, or themselves, or by any other person or per- tering into sons, for or on his, her, or their behalf, give, or cause to be ment for given, directly or indirectly, or promise or agree to give any money, &c. sum of money gift, or reward to any person or persons, upon to procure any engagement, contract, or agreement, that such person or vour to propersons to whom, to whose use, or on whose behalf, such gift cure the or promise shall be made, shall, by himself, herself, or them- election or selves, 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, shall, for every such gift or promise, forfeit the sum of one thousand pounds, to be recovered in such manner as is hereinafter provided, with respect to the

return.

Penalty on persons entering into

in order to

any such office, &c.

sum of five hundred pounds, and every such person so returned, and so having given, or so having promised to give, or knowing of, or consenting to, such gift 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 fur 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 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, &c.

II. [Act not to extend to legal expenses.]

III. Be it further enacted, that if any person or persons shall, from and after the passing of this act, by himagreements self, herself, or themselves, or by any other person or perto give or sons, for, or on his, her, or their behalf, give, or procure to procure any to be given, or promise to give, or procure to be given, any office, &c. office, place, or employment, to any person or persons the election whatsoever, upon any express contract or agreement that of a member, such person or persons, to whom or to whose use, or on or receiving 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 or 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 them

selves, 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 employment, 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 hereinbefore 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. [Limitation of actions, two years.]

6 Geo. 4, c. 108.

lusive sci

and persons offering

same, to

XXXV. Be it enacted, that if any officer of the customs, Officers or any officer of the army, navy, or marines, duly autho- making col rized and on full pay, and other person or persons what- zures or taksoever, employed by or under the direction of the com- ing bribes, missioners of the customs, shall make any collusive seizure, or deliver up, or make any agreement to deliver up, or not to seize, any vessel or boat, or any goods liable to for- forfeit 5004. feiture, or shall take any bribe, gratuity, recompense, or reward for the neglect or non-performance of his duty, every such officer or other person shall forfeit for every such offence the sum of five hundred pounds, and be rendered incapable of serving his Majesty in any office whatever, either civil or military; and every person who shall give, offer, or promise to give any bribe, recompence, or reward, or make any collusive agreement with any such officer as aforesaid, to induce him in any way to neglect his duty, or to do, conceal, or connive at any act, whereby any of the provisions of any act of parliament may be evaded, every such person shall, whether the office be accepted or performed or not, forfeit the sum of five hundred pounds.

BURGLARY.

7 & 8 Geo. 4, c. 29.

XI. Be it enacted, that every person convicted of Burglary. burglary shall suffer death as a felon; and it is hereby declared, that if any person shall enter the dwelling-house of another with intent to commit felony, or being in such dwelling-house shall commit any felony, and shall in either case break out of the said dwelling-house, in the nighttime, such person shall be deemed guilty of burglary.

House

house, when

XII. And be it enacted, that if any person shall break breakingand and enter any dwelling-house, and steal therein any chattel, stealing in a money, or valuable security to any value whatever; or shall capital. steal any such property to any value whatever in any dwelling-house, any person therein being put in fear; or shall steal in any dwelling-house any chattel, money, or valuable security to the value in the whole of five pounds or more; every such offender, being convicted thereof, shall suffer death as a felon.

What build

ings only are

part of a house for

capital pur

poses.

within the

same curtilage as the house, but not privileged as

part of the house.

XIII. Provided always, and be it enacted, that no building, although within the same curtilage with the dwellinghouse, and occupied therewith, shall be deemed to be part of such dwelling-house for the purpose of burglary, or for any of the purposes aforesaid, unless there shall be a communication between such building and dwelling-house, either immediate, or by means of a covered and enclosed passage leading from the one to the other.

Robbery in XIV. And be it enacted, that if any person shall break any building and enter any building, and steal therein any chattel, money, or valuable security, such building being within the curtilage of a dwelling-house, and occupied therewith, but not being part thereof, according to the provision hereinbefore mentioned, every such offender, being convicted thereof, either upon an indictment for the same offence, or upon an indictment for burglary, housebreaking, or stealing to the value of five pounds in a dwelling-house, containing a separate count for such offence, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.

Robbery in a shop,

XV. And be it enacted, that if any person shall break and enter any shop, warehouse, or counting-house, and warehouse, steal therein any chattel, money, or valuable security, every such offender, being convicted thereof, shall be liable to any of the punishments which the court may award, as hereinbefore last mentioned.

&c.

Note. The stat. 12 Anne, s. 1, c. 7, reciting that "there had been some doubt whether the entering into the mansion-house of another, without breaking the same, with an intent to commit some felony, and breaking the said house in the nighttime to get out, were burglary," enacted, that if any person should enter into the mansion or dwellinghouse of another, by day or by

with

night, without breaking the same,
an intent to commit felony, or be-
ing in such house should commit
any felony, and should, in the night-
time, break the said house to get
out of the same, such person should
be adjudged and taken to be guilty
of burglary, and should be ousted of
the benefit of his and her clergy, in
the same manner as if such person had
broke and entered the said house in the

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