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fion of above forty pounds per annum for their maintenance; and fhall refide within the fame parish or chapelry, and perform divine offices in the parish church or chapel therein, according to the ufage of the church of England, and be licensed by the archbishop of York, or the guardian of the fpiritualties (Sede Vacante) any former law or ufage to the contrary notwithstanding. Saving to lords II. Saving always, and referving unto all lords of manors, of manors all and other owners and proprietors of royalties within the faid riding, their heirs and affigns, all and all manner of mines and quarries of tone, coal and ore, and other mines, with full power, and free liberty to dig, get, and fough for the fame, in and through any fuch inclofures that fhall be made pursuant to this act; and the fame fo got, with carts, wains and carriages to take, lead, and carry away.

mines, &c.

No trustee, &c.

fuch enclofed

III. And be it further enacted by the authority aforefaid, hall alienate That after any fuch inclofure and fettlement, it shall not be in the profits of the power of any trustee or minifter, or any other perfon whatlands to any foever, to alienate and imploy any of the profits of fuch inclofed other ufe but lands to any other ufe or ufes, but only for the support and for fupport of maintenance of the vicar or minifer who fhall serve the cure, the minilter. (if it belong to a vicarage) and to the minifter that performs

divine fervice in the chapel, according to the ufage of the church of England, (if it be appropriated to any chapel) and not

otherwise.

Trustees, &c. IV. And be it further enacted, That it thall and may be lawwith confent ful for any of the faid trustees and their heirs, from time to of the mini- time, by any writing or writings under their hands and feals, fter, may leafe. the grounds fo with the confent of the vicar or minifter, for whofe ufe fuch inenclofed for 21 clofure is made, to be teftified by his being made a party to, years, referv. and figning and fealing fuch writing, to demife or leafe any coming rent pay mon or wafte grounds, or any parcel or parcels thereof, that fhall be inclofed by virtue of this act, for any term or number of years not exceeding one and twenty, fo as upon every fuch demife or leafe there be referved, payable half-yearly, during the faid term, as much rent as can, at the making fuch leafe, be really gotten for the fame; and that fuch rent be made payable to or for the only use and benefit of fuch vicar and minister of fuch vicarage or chapelry, and their fucceffors, and fo as no fine, income, or other confideration be taken for the fame.

able halfyearly, for the ufe of the minifter.

Leafe otherwife made, void.

General issue.

V. And it is hereby enacted, That all leafes made of fucli inclofures in any other manner, fhall not be good or available in the law, but fhall be ipfo facto void.

VI. And be it further enacted by the authority aforefaid, That if any action, fuit, or information, fhall be commenced or profecuted against any person or perfons, for any thing that he or they fhall do or caufe to be done in purfuance or in execution of this act, fuch perfon or persons fo fued in any court whatfoever, fhall and may plead the general iffue of not guilty; and upon any iffue joined may give this act and the special matter in evidence; and if in any fuch fuit the plaintiff or profecutor fhall become nonfuit, or forbear profecution, or fuffer a difcontinu

6

ance,

ánce, or if a verdict fhall pass against him upon a demurrer, then in any of the faid cafes, the defendant or defendants shall recover full cofts, for which he or they shall have the like remedy as is allowed in any cafe where cofts are to be recovered by any former law.

VII. And be it further enacted, That this act fhall be taken Publick act. and allowed in all courts within this kingdom, as a publick act.

fettled in

VIII. And whereas fome manors within the faid West-Riding, Waste of mado belong to her Majesty in right of the crown; be it further enacted nors belongby the authority aforefaid, That by and with the consent of her ing to the Queen may be Majefty, her heirs and fucceffors, and with the confent of three inclofed with parts of four of the freeholders and others, who have right of confent of the common therein, according to their number, and the value of crown, and their respective eftates, it fhall and may be lawful to inclofe any trustees for the part of the wafte or common grounds of fuch manors not ex- faid ufes. ceeding fixty acres, or a fixth part of fuch common land where the faid fixth part fhall not exceed fixty acres; and to settle the fame in trustees and their heirs, for the charitable purposes aforementioned; any law or ftatute to the contrary thereof in any wife notwithstanding.

CAP. V.

C. 18.

An all to explain a clause in an act of the last feffion of parliament, intituled, An act for the more effectual preventing fraudulent conveyances, in order to multiply votes for the electing knights of fhires to ferve in parliament, as far as the fame relates to the afcertaining the value of freebolds of forty fhillings per annum. WHEREAS by an oft made in the laft feffion of parliament, 10 Ann. c.13. intituled, An act for the more effectual preventing frau- 18 Geo. 2. dulent conveyances, in order to multiply votes for electing knights for fhires to ferve in parliament, it is amongst other things enalled, That from and after the first day of May, which should be in the year of our Lord one thousand feven hundred and twelve, no perfon fhall vote for the electing of any knight of a shire within that part of Great Britain called England, in respect or in right of any lands or tenements which have not been charged or affelfed to the publick taxes, church rates, and parifb duties, in fuch proportion as other lands or tenements of forty fhillings per annum, within the fame parish or township, where the fame fhall lie or be, are usually charged, under a penalty therein expreffed: and whereas fome doubts have arifen whether parfons, vicars, and other perfons, having mefuages, lands, rents, tithes, or other hereditaments, are not thereby restrained from voting at fuch elections, in regard that fuch meffuages, lands, rents, tithes, or hereditaments, have not been ufually charged or af felfed to the publick taxes, church rates, and parijh duties, and to every of them: now forafmuch as it was only intended thereby to afcertain the value of lands or tenements, by making the proportion paid to the publick taxes, church rates, and parish duties,

C 2

The act

not to restrain any perfon from voting in refpect of any rents, &c.

or chambers in inns of

court, in re

gard of their not being charged to publick taxes,

&c.

or fuch of them, to which the fame were ufually charged or af10 Ann. c. 23. feffed, the measure of the value thereof; and for the removing fuch doubts, be it enacted and declared by the Queen's most excellent majefty, by and with the advice and consent of the lords fpiritual and temporal and commons, in this prefent parliament affembled, and by the authority of the fame, That the said act, or any thing therein contained, thall not extend, or be conftrued to restrain any perfon from voting in fuch election of any knight of a fhire within that part of Great Britain called England, in refpect or in right of any rents, tithes, or other incorporeal inheritances, or any meffuages or lands in extraparochial places, or any chambers in the inns of court or inns of chancery, or any meffuages or feats belonging to any offices, in regard or by reason that the fame have not usually been, or fhall not be charged or affeffed to all or any the publick taxes, church rates, and parish duties, as mentioned in the above recited act, or in refpect or in right of any other meffuages or lands not herein before specified, in regard, or by reason that the fame have not been ufually charged or affeffed to all and every the publick Provided they taxes, church rates, and parish duties aforefaid: provided, That have been af- fuch meffuages or lands have usually been charged or affeffed to felled as other fome one or more of the faid publick taxes, rates or duties, in meffuages of fuch proportion as other meffuages or lands of forty fhillings per annum, within the fame parifh or township, where the fame fhall lie or be, are ufually charged to the fame; any thing contained in the said recited act to the contrary thereof in any wife notwithstanding.

40s. per ann. in the fame parish, &c.

veyance

CAP. VI.

An act for the better regulating the elections of members to ferve in parliament for that part of Great Britain called Scotland.

WH

WHEREAS of late feveral conveyances of eftates have been made in trust or redeemable for elufory fums, no ways adequate to the true value of the lands, on purpofe to create and multiply votes in elections of members to ferve in parliament for that part of Great Britain called Scotland, contrary to the true intent and meaning of After the end the laws in that behalf: be it therefore enacted by the Queen's of the parlia- moft excellent majesty, by and with the advice and confent of ment no con- the lords fpiritual and temporal and commons, in this prefent whereon infe- parliament affembled, and by the authority of the fame, That offment is not from and after the determination of this prefent parliament, no taken, and feifin regiftred conveyance or right whatsoever, whereupon infeoffment is not a year before taken, and feifin registrated one year before the tefte of the the tefte of the writs for calling a new parliament, fhall, upon objection made writ, fhall in- in that behalf, entitle the perfon or perfons fo infeoft, to vote or title to vote or to be elected at that election in any fhire or ftewartry in that of Great Britain called Scotland; and in cafe any election Scotland; nor part if any election happen, during the continuance of a parliament, no convey, happen during ance or right whatfoever, whereupon infeoffment is not taken

be elected in

one

liament.

one year before the date of the warrant for making out a new the continuwrit for fuch election, fhall, upon, objection› made in that be ance of a parhalf, entitle the perfon or perfons fo infeoft to vote or be elected at that election; and that from and after the faid day, it fhall or may be lawful to or for any of the electors prefent, fufpecting Any elector any perfon or perfons to have his or their eftates in truft, and may require for the behoof of another, to require the prefes of the meeting tender an oath the prefes to tender the following oath to any elector; and the faid prefes to one whom is hereby impowered and required to adminifter the fame in the he fufpects to words following, viz.

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A. B. da, in the prefence of God, declare and fwear, That the lands and effate of for which I claim to give my vote in this election, are not conveyed to me in truft, or for the behoof of any other perfon whatfoever; and I do fwear before God, that neither I, nor any perfon to my knowledge, in my name, or by my allowance, bath given, or intends to give, any promife, obligation, bond, backbond, or other fecurity, for re-difponing or re-conveying the faid lands and eftate, any manner of way whatsoever: and this is the truth, as I fhall anfwer to God.

have an eftate

in truft.

The oath.

And in cafe fuch elector refufe to fwear, and alfo to fubfcribe Refufing, shall the faid oath, fuch perfon or perfons fhall not be capable of not vote. voting, or being elected at fuch election.

II. Provided always, That notwithstanding fuch oath taken, Other objecit fhall be lawful to make such other objections as are allowed by tions as allowthe laws of Scotland against fuch electors. able by law.

proper wad

lected.

III. And be it further enacted and declared by the autho- No infeoffrity aforefaid, That no infeoffinent taken upon any redeem- ment on any able right whatsoever (except proper wadfetts, adjudications, or redeemable apprifings, allowed by the act of parliament relating to elections right (except in one thousand fix hundred eighty-one) fhall entitle the perfon fetts, &c.) fo infeoft to vote or be elected at any election in any fhire or fhall entitle to stewartry; and that no perfon or perfons, who have not been vote or be einrolled and voted at former elections, fhall, upon any pre- And perfons. tence whatsoever, be inrolled or admitted to vote at any elec- not enrolled tion, except he or they firft produce a fufficient right or title to at former equalify him or them to vote at that election, to the fatisfaction lections, fhall of the freeholders formerly inrolled, or the majority of them not vote with, prefentand the returning officers are hereby ordained to make out producing a right. their returns of the perfons elected by the majority of the freeholders inrolled, and thofe admitted by them, referving always the liberty of objecting against the perfons admitted to, or excluded from the roll, as formerly.

TV And be it further enacted by the authority aforefaid, Sheriffs, &c. That all theriffs of fhires, and ftewarts of ftewartries, fhall be hall, on peobliged, under the pain of fifty pounds fterling, one moiety na naity of sol, make publick whereof fhall be to the Queen's moft excellent majefty, her intimations heirs and fucceffors, and the other moiety to the perfon or per- three days be fons who fhall fue for the fame, to be recovered before the court fore the day of fellion, by any action fummarily, without abiding the courfe of election."

rights of heirs

of the roll, to make the publick intimations required by the laws of Scotland, at the feveral parish churches within their refpective jurifdictions, at least three days before the dyet of elections.

Saving the V. Provided always, That the right of apparent heirs in and husbands, voting at elections by virtue of their predeceffors infeoffments, and the right of hufbands by virtue of their wives infeoffments, be and is hereby reserved to them, as formerly; any thing in this act contained to the contrary notwithstanding.

Any right VI. Provided alfo, That any conveyance of right, which by whereon in the laws of Scotland is fufficient to qualify any perfon to vote feoffment is taken before in the elections of members to ferve in parliament for thires or June 1713. ftewartries, and whereupon infeoffment is taken, on or before hall entitle to the first day of June in the year of our Lord one thoufand feven bers of parlia. hundred and thirteen, fhall entitle the perfon or perfons fo infeoft, to vote at the elections of members to ferve in the next enfuing parliament; any thing herein contained to the contrary notwithstanding.

vote for mem

ment,

Husbands not to vote by vir

tue of their wives intcoff

ments, unless they are heirelles, &c.

VII. Provided always, and it is hereby declared to be the true intent and meaning of this act, That no husbands fhall vote at any enfuing election by virtue of their wives infeoffments, who are not heireffes, or have not right to the property of the lands on account whereof fuch vote fhall be claimed.

CAP. VII.

An alt for the more effectual preventing and punishing robberies that jhall be committed in boufes.

FORASMUCH as divers wicked and ill-difpofed fervants,

and other perfons, are incouraged to commit robberies in baufes by the privilege, as the law now is, of demanding the benefit of their After July clergy; be it therefore enacted by the Queen's most excellent 1713. Perfons majesty, by and with the advice and confent of the lords fpiriHealing to the tual and temporal and commons, in this prefent parliament afvalue of 40s. fembled, and by the authority of the fame, That all and every being in a dwelling- perfon or perfons that shall, at any time, from and after the houle, tho' firft day of July in the year one thoufand feven hundred and fuch houfe, thirteen, feloniously fteal any money, goods or chattels, wares &c. be not or merchandizes, of the value of forty fhillings or more, being broken, &c. and being in any dwelling-houfe or outhoufe thereunto belonging, altho thereof con- fuch houfe or out-house be not actually broken by fuch offender, victed, shall and although the owner of fuch goods, or any other perfon or be debarred the benefit of perfons, be or be not in fuch houfe or out-house, or thall affift Clergy. or aid any perfon or perfons to commit any fuch offence, being thereof convicted or attainted by verdict or confeffion, or being indicted thereof fhall ftand mute, or will not directly anfwer to the indictment, or fhall peremptorily challenge above the number of twenty returned to be of the jury, fhall, by virtue of this act, he abfolutely debarred of and from the benefit of clergy; any law or custom to the contrary notwithstanding, II. Provided

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