Where free the oath. take a false oath or affirmation, in order to his being polled, every such offender being thereof convicted shall suffer as for wilful perjury committed in a court of record. XIV. And whereas some persons, being real freeholders scru- holders, for want of being proper judges of their ple to take freeholds, may scruple to take the said oath, and be thereby deprived of their votes, Be it further enacted, that where any freeholders, qualified as is hereinbefore directed, shall offer to give his vote at any election, but being required to take the oath or affirmation aforesaid shall refuse so to do, such vote shall not be added to the poll; but the sheriff, or undersheriff, shall cause the name of every such person, and who he votes for, to be entered in a separate list; and if there be any scrutiny of such poll before the house of burgesses, every such vote shall be allowed in the same manner as if it had been entered on the poll at the election. Sheriff to de. the clerk of the county. XV. And be it further enacted, by the authority aforeliver copies said, That within twenty days next after every such of the pol to election, the sheriff or under-sheriff, taking such poll, shall, upon oath to be administered by any justice of the peace, deliver to the clerk of his county-court, attested copies of the original poll of such election, and the list taken of such as offer to vote, but refuse to take the oath or affirmation as aforesaid, to be by such clerk recorded. The manner XVI. And be it further enacted, That after the of returning, election shall be concluded as aforesaid, the sheriff or under sheriff taking the poll shall make return of such election, in manner following: upon the writ shall be endorsed the execution of this writ appears ❝in a certain schedule hereunto annexed.” And in the schedule to the writ annexed, the execution thereof shall be certified as follows: By virtue of this writ to me directed, in my full county, held at the courthouse for my said county, upon the ❝ day of in the year of the reign of by the grace of "God of Great-Britain, France and Ireland, "king defender of the faith, &c. by the assent "of my said county. I have caused to be chosen two "burgesses of my said county, to wit, A. B. and C. "D. to act and do as in the said writ is directed and "required;" and for the College of William and Mary, or for any city or town, the return shall be thus: "By virtue of this writ to me directed, I did "make publication thereof, and afterwards, to wit 66 upon the 66 day of year of the reign of in the "the grace of God of Great Britain, France and to act and do as in the said writ is directed and required. And if at any time any candidate, or other "person on his behalf, shall desire a copy of the poll, "the sheriff or under-sheriff shall cause a fair attest❝ed copy thereof to be delivered to such candidate or "person requiring the same. When a XVII. And be it further enacted by the authority afore- member dies said, That when upon the death or disability of any member of the house of burgesses the sheriff shall receive a writ for the election of one or more burgesses, during the session of any general assembly,' such sheriff is hereby required to appoint such and so many persons as he shall think fit to give notice thereof, and of the day and place of election, unto every freeholder residing within the county, city or town, for which such election is to be; and the same shall be thereupon made as soon as possible, in the manner herein before directed, and the person or persons so elected returned in form aforesaid. And if any sheriff, or in his absence the under sheriff, shall refuse to take the poll, when required by any candidate or freeholder, before the return is made, or shall take it in other manner than by this act is directed, or shall refuse to give a copy of the poll when required as aforesaid, or shall make a false return, or fail to make return, and cause the same to be delivered to the clerk of the secretary's office for the time being, or to such other person as shall attend in the said office to receive the same, one day at least before the day in such writ limited for the return thereof, every sheriff or under sheriff so offending or failing shall forfeit and pay one hundred pounds current money; one moiety thereof to our sovereign lord the king, his heirs and successours, for the better support of this government, and the contingent charges thereof; the other moiety to the informer, or Sheriff of James-City, the returning officer for the col. lege and James-town. No treating &c. Members persons. person who shall sue for the same; to be recovered with costs, by action of debt or information, in any court of record in this colony. XVIII. And be it further enacted, That the writs for electing burgesses at the college of William and Mary and for James town shall be delivered to the sheriff of James-City, who is hereby declared to be the proper officer for returning the said writs. XIX. And be it further enacted, by the authority aforesaid, That no person hereafter to be elected a. member of the general assembly for any county, city, town or corporation, within this dominion, shall, after the dissolution of any general assembly, or after any vacancy happening in this or any succeeding generalassembly, & before his election either himself, or by any other person or persons on his behalf, and at his charge, directly or indirectly, give, present or allow, to any person or perons, having voice or vote in such elections, any money, meat, drink, entertainment or provision, or make any present, gift, reward or entertainment, or any promise, agreement, obligation or engagement, to or for any person or persons, or to or for any county, city, town or corporation, or to or for the use, benefit, employment or preferment, of any person or persons, county, city, town or corporation, in order to be elected, or for being elected, a burgess for such county, city, town or corporation; & every person so giving, promising or engaging, shall be, and is hereby declared to be disabled and rendered incapable to sit or vote as a member of the house of Burgesses; but shall be, to all intents and purposes, incapacitated, as if he hadnever been elected. XX. And be it further enacted and declared, That all free in their and every member of the general-assembly is and ought to be, and forever hereafter shall be, in his and their persons, servants and estates, real and personal, free, exempted and privileged, from all arrests attachments executions, and all other process whatsoever, save only for treason, felony, or breach of the peace, during his or their attendance in general-assembly, and for the space of ten days before, and ten days after, every session; and if any civil process shall be depending against such member or members, before his or their election, such process shall be stayed for ten days before and after every session as aforesaid; but may then be prosecuted, as it might other wise have been, without discontinuance or abatement. And when any general-assembly shall be adjourned or prorogued longer than twenty days, process may be commenced and presented against any member or members thereof; but shall be stayed ten days before and after every session or meeting, by prorogation or adjournment, as aforesaid. XXI. And be it further enacted, by the authority afore- The allowansaid, That every burgess shall be allowed and paid by ces. his county fifteen shillings a day for coming to, attending at, and returning from, every session of assembly; and, over and above the said daily allowances, there shall be paid and allowed for going to and returning from the general assembly as followeth, to wit: To every burg ss for the counties of James City, York, Warwick, Elizabeth city, New Kent, Gloucester, Charles City, Surry and Isle of Wight, one day for coming, and one day for returning; to every burgess for the counties of Henrico, Chesterfield, Nansemond, Sussex, Southampton, Norfolk, Prince-Anne, King William, Prince-George, King and Queen, Middlesex and Essex, and to the burgesses of the borough of Norfolk, two days for coming, and two days for returning; to every burgess for the counties of Lancaster, Amelia, Richmond, Caroline, Goochland, Hanover, King-George, Cumberland, Dinwiddie and Brunswick, three days for coming, and three days for returning; to every burgess for the counties of Accomack, Northampton, Northumberland, Westmoreland, Stafford, Spotsylvania, Louisa and Prince-Edward, four days for coming, and four days for returning; to every burgess for the counties of Prince-William, Fauquier, Culpeper, Orange, Albemarle, Buckingham, Bedford, Lunenburg, Fairfax and Loudoun. five days for coming, and five days for returning; and every burgess for the counties of Augusta, Amherst, Frederick, Halifax & Hampshire, six days for coming, and six days for returning; but no burgess shall demand or receive any salary or wages for any day or days he shall fail to attend his service in the house of burgesses, Sundays excepted; and if any burgess shall be taken sick or lame, during his attendance on any session, or in his journey thereto, so as to be unable to attend, such burgess shall be allowed and paid for every day of the session, in the same manner as if he had attended the service of the house. XXII. And be it further enacted, by the authority aforesaid, That when any session of assembly shall be held, and upon examination of the treasurer's accounts it shall appear that there are monies sufficient in his hands to discharge all the money debts due from the publick, together with the burgesses wages, and the salaries and allowances to the respective officers of the general-assembly, that then the burgesses wages, for such session, according to the regulations before-mentioned, and the wages for the attendance of every burgess for any city, town or corporation, at fifteen shillings per day each, shall be paid by John Robinson, Esquire, treasurer, or the treasurer for the time being, appointed by or pursuant to act of assembly, out of the public money in his hands. XXIII. Provided always, That where the assembly shall be adjourned for more than twenty days, in that case the burgesses attending such assembly shall be paid their wages to the time of such adjournment, either by their counties, or the treasurer, according to the rules and regulations aforesaid, in the same man. ner as if such assembly was prorogued. XXIV. And be it further enacted, by the authority aforesaid, That at the time and place of election of burgesses; for any county, the sheriff, or in his absence the under sheriff, of such county, respectively, at the door of the courthouse, by proclamation to be there three times made, between the hours of one and three of the clock in the afternoon, shall give public notice of the time appointed for a court to be held for receiving the propositions and grievances, and the publick claims, of all and every person and persons within his county; which propositions and grievances shall be signed by the person or persons presenting the same to the court, and thereupon the clerk, by the direction of the court, shall certify the same to the general assembly, and shall deliver the same to the burgesses of the county, to be by them presented accordingly: And in like manner a court for receiving and certifying propositions and grievances, and publick claims, as aforesaid, shall be appointed and held in each county respectively, before every session of the general assembly; and the sheriff of the county is hereby required to cause publick notice to be given of the time appointed for the holding such court, at every respective church and chapel within his county. |