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Persons tak

or reward

nister; and such oath, so taken, shall be entered among
the records of the sessions of such county, city, corporation,

or borough, as aforesaid.
Penalty of V. And be it further enacted, &c. that if any returning-
wilful per. officer, elector, or person, taking the oath or affirmation

hereinbefore mentioned, shall be guilty of wilful and cor-
rupt 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.
Persons con- VI. And be it further enacted by the authority aforesaid,
victed never that no person convicted of wilful and corrupt perjury, or
capable to
voting.

subornation of perjury, shall, after such conviction, be ca-
pable of voting in any election of any member or members
to serve in parliament.

VII. And be it further enacted by the authority afore. ing money said, that if any person who bath, or claimeth to have, or

hereafter shall have, or claim to have, any right to vote in for their

any such election, shall from and after the said 24th day
vote, &c.
forfeit 5001. of June, which shall be in the year of our Lord 1729, ask,
and disabled receive, or take any money or other reward by way of gift,
to vote, &c. 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 re-
ward, 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 Ma-
jesty'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 ac-
tion or prosecution, or being any otherwise lawfully con-
victed 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.

XI. Provided always, and it is hereby declared and

enacted by the authority aforesaid, that no person shall be within two made liable to any incapacity, disability, forfeiture, or years. penalty by this act laid or imposed, unless prosecution be

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Prosecntions to commence

commenced within two years after such incapacity, disabi. lity, 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 notwithstand. ing.

Note.- Wherever a person is mation at common law until the bound by law to act without any two years are expired: R. v. Pitt, view to his own private emolument, 3 Burr. 1339; and see R. v. Hayand another, by a corrupt contract, don, 3 Burr. 1359. The same ipengages such person, on the condi- capacities ensue, upon a conviction, tion of the payment or promise of on a prosecution for bribery by money, or other lucrative considera. way of information at common law, tion, to act in a manner which he as when the proceeding is by an shall prescribe, both parties are by action under the statute : 4 Doug. such contract guilty of bribery : 2 L. E. 294. For cases on the conDoug. Law of Élections, n. b. struction of this statute, see 1 Russ.

Bribery ai elections for members 159; and see, on the construction of Parliament was always a crime of the 8th section, Sibley v. Cumat common law, and consequently ming, 4 Butr. 2465; Curgenren v. punishable by indictment or infor. Cumming, 4 Burr. 2504 ; Pugh v. mation ; bat, in order to enforce the Curgenren, 3 Wils. 35. It has been law, the severe penalties contained decided, that where a voter re. in this statute were introduced, the ceived money after an election, for legislature not meaning to take having voted for a particular can. away the common-law crime; but didate, but no agreement for any to add a penal action, as appears such payment was proved to have by the words, “ or being otherwise been made before the election, the lawfully convicted thereof," con. case was not within the statute. tained in the seventh section. Lord Huntingtower v. Gardiner, 1 B. However, the court will not, in 8 C. 297. ordinary cases, interpose by infor

49 Geo. 3, c. 118. [Recites, that the offences thereinafter provided for, are not included in 2 Geo. 2, c. 24, and proceeds thus:]

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

any engagesons, 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. som of money gift, or reward to any person or persons, upon

to procure

or endea. 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 tbem- 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.

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, ard 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 trast for, or to the use, or on the behalf of him, her, or them, any such sum of money, gist, 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.] Penalty on III. Be it further enacted, that if any person or perpersons en

sons shall, from and after the passing of this act, by himlering into agreeinents 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 any such ot. fice, &c.

himself, herself, or tbemselves, 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, cingue 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, con. structions, 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.

iu order to

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 contractor agreement, shall forfeit such otfice, 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 espress 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 hereinbefore provided.

IV. (Limitation of actions, two years.]

and offeriug

6 Geo. 4, c. 108. XXXV. Be it enacted, that if any officer of the customs, Officers or any officer of the army, navy, or marines, duly autho- making colo 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, persons or deliver up, or make any agreement to deliver up, or not

same, to to seize, any vessel or boat, or any goods liable to for- forleit 5606. 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 what. ever, 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. burg'ary 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 for

poses.

age as the

House- XII. And be it enacted, that if any person shall break breakingand and enter any dwelling-house, and steal therein any chattel, house, when money, or valuable security to any value whatever; or shali 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- XIII. Provided always, and be it enacted, that no build. ings only are ing, although within the same curtilage with the dwellingpart of a

house, and occupied therewith, shall be deemed to be part capital pur. of such dwelling-house for the purpose of burglary, or for

any of the purposes aforesaid, unless there shall be a com. munication 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, within the

money, or valuable security, sucb building being within same curtil

the curtilage of a dwelling-house, and occupied therewith, house, but but not being part thereof, according to the provision not privi. hereinbefore mentioned, every such offender, being conleged as

victed 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 addi.

tion to such imprisonment. Robbery in

XV. And be it enacted, that if any person shall break a shop, and enter any shop, warehouse, or counting-house, and warehouse, steal therein any chattel, money, or valuable security, &c.

every such offender, being convicted thereof, shall be liable to any of the punishments which the court may

award, as hereinbefore last mentioned. Note.-The stat. 12 Anne, s. 1, night, without breaking the same, with c. 7, reciting that “there had been an intent to commit felony, or besome doubt whether the entering ing in such house should commit into the mansion house of another, any felony, and should, in the nightwithout breaking the same, with an time, break the said house to get intent to commit some felony, and out of the same, such person should breaking the said house in the night be adjudged and taken to be guilty time to get out, were burglary,” of burglary, and should be ousted of enacted, that if any person should the benefit of his and her clergy, in enter into the mansion or dwelling- the same manner as if such person had house of another, by day or by broke and entered the said house in the

part of the house.

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