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required so to do, within the Time in that Behalf limited, or shall glecting to wilfully make or transmit any false Declaration, every Person so make same. offending shall, upon Conviction thereof before Two Justices of the Peace, for every such Offence, either forfeit any Sum not ex

ceeding Fifty Pounds, or be imprisoned for any Time not exceeding Penalty. Six Months, at the Discretion of such Justices.

forwarded to

Alien.

X. And be it further enacted, That upon the Receipt at the Certificate to be Alien Office, or at the Office of the Chief Secretary for Ireland, of any Declaration, in any of the Cases aforesaid, such Clerk as shall be for that Purpose nominated by One of His Majesty's Principal Secretaries of State, or by the Chief Secretary for Ireland respectively, shall within Three Days make out, in such Form as shall be for that Purpose approved by One of His Majesty's Principal Secretaries of State, a Certificate, setting forth the Names, Contents Rank, Occupation and Description of the Alien, and his or her thereof. Place of Abode, and shall transmit the same by the Post to such Alien; and if any Alien shall, by his or her Default, not be pos- Not having sessed of such Certificate, or shall without any lawful Excuse Certificate, or reside in any other Place than that expressed in such Certificate, residing elseevery such Alien shall for every such Offence forfeit the Sum of Twenty Pounds; and if any Alien, being required by any Justice Penalty. of the Peace to produce such Certificate, shall refuse or neglect so to do, he or she shall be deemed not to be possessed of any Certificate.

where.

Alien on Departure may

have his Passport sent to the

XI. And be it further enacted, That where any Alien, about to depart from this Realm after the Commencement of this Act, shall be desirous of having Possession of the Passport by him or her delivered on his or her Debarkation, and shall notify by Letter Port, and deto the Alien Office in Westminster, or to the Chief Secretary's livered to him Office in Dublin, the Port at which he or she intends to embark, on making Dethe proper Clerk of those respective Offices shall forthwith transmit claration. such Passport by the Post to the Chief Officer of the Customs of the Port so notified, to be by him delivered to such Alien, on his or her making the Declaration hereinafter next mentioned; and every such Alien shall, before his or her Embarkation, declare in Writing his or her Intention of departing, and shall deliver such Declaration to the Chief Officer of the Customs at the Port of Departure, who shall forthwith transmit the same, if in Great Britain, to One of His Majesty's Principal Secretaries of State at the Alien Office in Westminster, and if in Ireland, to the Chief Secretary for Ireland; and if any Alien shall neglect to make such Neglect of Declaration, or to deliver the same to the Chief Officer of the Cus- Declaration. toms at the Port of Departure, he or she shall for every such Penalty. Offence forfeit the Sum of Five Pounds.

XII. And be it further enacted, That if any Certificate issued to any Alien by virtue of this Act shall be lost, mislaid or destroyed, and such Alien shall produce to One of His Majesty's Justices of the Peace Proof thereof, and shall make it appear to the Satisfaction of such Justice that he or she hath duly conformed with this Act, it shall be lawful for such Justice, and he is hereby required, to testify the same under his Hand, and such Alien shall thereby be entitled to demand a fresh Certificate, which shall be of the like Force and Effect as the Certificate so lost, mislaid or destroyed.

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XIII. And

New Certifi cates to be issued in lieu of

such as are lost.

Certificate
without Fee.

Taking Fee.
Penalty.

Officer other

XIII. And be it further enacted, That all Certificates hereinbefore required to be given shall be given without any Fee or Reward whatsoever; and every Person who shall take any Fee or Reward of any Alien or other Person, for any Certificate, or any other Matter or Thing done under this Act, shall forfeit for every such Offence the Sum of Twenty Pounds; and every Officer wise offending. of the Customs who shall refuse or neglect to make such Entry as aforesaid, or grant any Certificate thereon, in pursuance of the Provisions of this Act, or shall knowingly make any false Entry, or neglect to transmit the Copy thereof, or to transmit any Declaration of the Master of a Vessel, or any Declaration of Departure in Manner directed by this Act, shall forfeit for every such Offence the Sum of Twenty Pounds.

Penalty.

Forging Certificates, &c.

Penalty.

Prosecution of
Offences.

Proceedings.

XIV. And be it further enacted, That if any Person shall wilfully forge, counterfeit or alter, or cause to be forged, counterfeited or altered, or shall utter, knowing the same to be forged, counterfeited or altered, any Declaration or Certificate hereby directed, or shall obtain any such Certificate under any other Name or Description than the true Name and Description of the Alien intended to be named and described, without disclosing to the Person granting such Certificate the true Name and Description of such Alien, and the Reason for concealing the same, or shall falsely pretend to be the Person intended to be named and described in any such Certificate; every Person so offending shall, upon Conviction thereof before Two Justices, either forfeit any Sum not exceeding Fifty Pounds, or be imprisoned for any Time not exceeding Six Months, at the Discretion of such Justices.

XV. And be it further enacted, That all Offences against this Act shall be prosecuted within Six Calendar Months after the Offence committed, except that of not making or delivering a Declaration of Departure, which shall be prosecuted within Six Calendar Months after the Offender's Return to this Realm; and all such Offences shall be prosecuted before Two or more Justices of the Peace of the Place where the Offence shall be committed, who are required, in default of Payment of any pecuniary Penalty, to commit the Offender to the common Gaol for any Time not exceeding Six Calendar Months, unless the Penalty shall be sooner paid, and forthwith to report to One of His Majesty's Principal Secretaries of State, or to the Chief Secretary for Ireland, as the Case may require, the Conviction of every Offender under this Certiorari, &c. Act, and the Punishment to which he is adjudged; and no Writ of Certiorari, or of Advocation or Suspension, shall be allowed to remove the Proceedings of any Justices touching the Cases aforesaid, or to supersede or suspend Execution or other Proceeding thereupon.

Proviso for

ters and Ser

vants;

XVI. Provided always, and be it further enacted, That nothing Foreign Minis in this Act contained shall affect any Foreign Ambassador, or other Public Minister duly authorized; nor any Domestic Servant of any such Foreign Ambassador or Public Minister, registered as such according to Law, or being actually attendant upon such Ambassador or Minister; nor any Alien who shall have been continually residing within this Realm for Seven Years next before the passing of this Act, and obtained from the Alien Office a Certificate thereof; nor any Alien in respect of any Act done or omitted to be done,

and for other Aliens herein described.

who

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who shall be under the Age of Fourteen Years at the Time when such Act was so done or omitted to be done: Provided always, Proviso as to that if any Question shall arise whether any Person alleged to be Party being an Alien, and to be subject to the Provisions of this Act, is an an Alien. Alien or not, or is or is not subject to the said Provisions, or any of them, the Proof that such Person is, or by Law is to be deemed to be, a natural born Subject of His Majesty, or a Denizen of this Kingdom, or a naturalized Subject, or that such Person, if an Alien, is not subject to the Provisions of this Act, or any of them, by reason of any Exception contained in this Act or otherwise, shall lie on the Person so alleged to be an Alien, and to be subject to the Provisions of this Act.

XVII. And be it further enacted, That this Act shall commence Commenceon the First Day of July in the Year One thousand eight hundred ment of Act. and twenty six.

CAP. LV.

An Act to regulate the Manner of taking the Poll at Elections
of Knights of the Shire to serve in Parliament for the
County of York.
[26th May 1826.]

HEREAS by an Act of Parliament made and passed in the

Eighteenth Year of the Reign of His late Majesty King 18 G. 2. c.18. 'George the Second, intituled An Act to explain and amend the Laws touching the Election of Knights of the Shire to serve in 'Parliament for that Part of Great Britain called England, it is ⚫ enacted, that from and after the Twenty fourth Day of June One ' thousand seven hundred and forty five, at every Election to be ⚫ made within that Part of Great Britain called England, or Do'minion of Wales, of any Knight or Knights of the Shire to serve in Parliament, the Sheriff, or in his Absence the Under Sheriff, 'or such as he shall depute, shall appoint, make or erect, or cause 'to be appointed, made or erected, at the Expence of the Can'didates, such Number of convenient Booths or Places for taking the Poll as the Candidates or any of them shall, Three Days at least before the Commencement of the Poll, desire, so as the same do not exceed the Number of Rapes, Lathes, Wapentakes, Wards or Hundreds within the said County, and not exceeding in the Whole the Number of Fifteen; and shall affix or cause to 'be affixed on the most public Part of each of the said Booths or Polling Places the Name or Names of the Rape, Wapentake, Lathe, Ward or Hundred, or Rapes, Wapentakes, Lathes, Wards or Hundreds, for which such Booth or Polling Place is allotted or designed; and the said Sheriff, Under Sheriff, or such Person ' as he shall depute, shall appoint a proper Clerk or Clerks at each of the said Booths or Polling Places to take the Poll (which said Clerk or Clerks shall be at the Expence of the Candidates, and be paid not exceeding One Guinea per Day each Clerk); and the said Sheriff or Under Sheriff shall also make out a List for ' each of the said Booths or Polling Places respectively, of all the several Towns, Villages, Parishes and Hamlets lying or being wholly or in part in the Rape, Wapentake, Lathe, Ward or Hundred, or in the several Rapes, Wapentakes, Wards or Hundreds, for which such Booth or Polling Place is allotted or de

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'signed,

in part repealed.

At Elections for
County of
York, Sheriff

shall erect such
Number of

Booths as shall

be required, and make out

&c. for which

such Booths

are designed.

'signed, and shall, upon Request made, deliver a true Copy thereof to any of the Candidates or their Agents who shall desire the same, taking for each of the said Copies the Sum of Two Shillings and no more: And Whereas the County of York is of great Extent, and the Number of Persons who polled at the Election of Knights of the Shire for the said County in the Year One thousand eight hundred and seven exceeded Twenty three thousand; and several Persons were prevented from polling for want of a sufficient Number of Booths or Places for taking the Poll, and by the progressive Subdivision of Property the Number of • Persons entitled to vote is, since the Time of the said Election, 'considerably increased: And Whereas it is expedient to make Provision for the more effectual and convenient taking of the Poll in the said County: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That so far as relates to the County of York, so much of the said Act of the Eighteenth Year of the Reign of His said late Majesty King George the Second as is hereinbefore recited shall be and the same is hereby repealed.

II. And be it further enacted, That from and after the passing of this Act, at every Election of any Knights or Knight of the Shire to serve in Parliament for the County of York, the Sheriff, or in his Absence the Under Sheriff, or such Person as he shall depute, shall appoint, make or erect, or cause to be appointed, made or erected, at the Expence of the Candidates, such Number of convenient Booths or Places for taking the Poll as the CanLists of Towns, didates or any of them shall, Three Days at least before the Commencement of the Poll, desire, and shall affix or cause to be affixed on the most public Part of each of the said Booths or Polling Places the Name or Names of the Wapentake or Wapentakes for which such Booth or Polling Place is allotted or designed; but in case there shall be Two or more Booths or Polling Places for any One Wapentake or Division, then both the Name or Description of the Portion of such Wapentake or other Division, and the Name or Names of the Towns, Villages, Parishes and Hamlets for which each respective Booth or Polling Place is allotted or designed; and the said Sheriff or Under Sheriff, or such Person as he shall depute, shall appoint a proper Clerk or Clerks at each of the said Booths or Polling Places, to take the Poll (which said Clerk or. Clerks shall be at the Expence of the Candidates, and be paid not exceeding One Pound per Day each Clerk); and the said Sheriff or Under Sheriff shall also make out a List for each Booth or Polling Place respectively of all the several Towns, Villages, Parishes and Hamlets lying or being wholly or in part in the Wapentake or Wapentakes, or Portion of a Wapentake or other Division for which such Booth or Polling Place is designed, and shall, upon Request made, deliver a true Copy thereof to any of the Candidates or their Agents who shall desire the same, taking for each of the said Copies the Sum of One Shilling and no more.

Copies to be delivered. Fee.

Elections in

other Respects to be conform

III. And be it further enacted, That the Election for Knights of the Shire for the said County shall, in all other Respects, be managed in Conformity with the Directions of the said hereinbefore

in

in part recited Act, except so far as the same is hereby repealed, able to recited and under the Directions of the several other Acts now in force and former relative to such Elections.

Acts.

CA P. LVI.

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An Act to suspend the Provisions of an Act of His late Majesty, respecting the Appointment of Writers in the Service of the East India Company, and to authorize the Payment of the Allowances of the Civil and Military Officers of the said Company dying while absent from India.

[26th May 1826.]

$ 46.

HEREAS by an Act passed in the Fifty third Year of the 53 G.3. c. 155. Reign of His late Majesty King George the Third, intituled An Act for continuing in the East India Company for a further Term the Possession of the British Territories in India, together with certain exclusive Privileges; for establishing further Regu'lations for the Government of the said Territories, and the better • Administration of Justice within the same; and for regulating 'the Trade to and from the Places within the Limits of the said Company's Charter, it was among other things enacted, that it should not be lawful for the Court of Directors of the United Company of Merchants of England trading to the East Indies, to nominate, appoint or send to the Presidencies of Fort William, Fort Saint George or Bombay, any Person in the Capacity of a Writer, unless such Person should have been duly entered at 'the College of the said Company in England, and have resided there Four Terms according to the Rules and Regulations 'thereof, and should also produce to the said Court of Directors ' a Certificate under the Hand of the Principal of the said College, testifying that he has for the Space of Four Terms been a Member of and duly conformed himself to the Rules and Regulations of the said College: And Whereas there is not a sufficient Num'ber of Persons qualified, according to the Provisions of the said Act, to be appointed Writers to fill the Vacancies which exist and which are likely to occur in the Civil Establishments of the 'said Presidencies in the East Indies:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That at any Time within Three Years from the passing of this Act it shall and may be lawful for the Court of Directors of the said United Company to nominate and appoint and to send to the Presidencies of Fort William, Fort Saint George or Bombay, in the Capacity of a Writer, any Person who shall produce such Testimonials of his Character and Conduct, and pass such an Examination as, by Rules and Regulations to be framed and established as hereinafter is mentioned, shall be required.

II. And be it further enacted, That the said Court of Directors shall, and they are hereby required, with all convenient Speed, by and with the Consent and Approbation of the Board of Commissioners for the Affairs of India, to frame and establish and Regulations respecting the due and necessary Qualifications

proper Rules

of

Persons may be sent to India as Writers, on producing Testimonials and passing Examination.

Directors may, with Approbation of Board

of Controul, establish Re

gulations re

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