Act Relating to the Biennial and Other Assemblys and Regulating
Elections and Members.
I.Whereas His Excellency the Palatine and the rest of the true and
Absolute Lord's Proprietors of Carolina, having duely considered the
priviledges and immunities wherewith the Kingdom of Great Brittain is
endued and being desirous that this their province may have such as may
thereby enlarge the Settlement and that the frequent sitting of Assembly
is a principal, safeguard of their People's priviledges, have thought
fit to enact. And Be It Therefore Enacted by the said Pallatine and
Lords Pro prietors by and with the advice and consent of this present
Grand Assembly now met at Little River for the North East part of the
said province:
II.And it is Hereby Enacted that for the due election and Constituting
of Members of the Biennial and other Assemblys it shall be lawfull for
the Freemen of the re spective precincts of the County of Albemarle to
meet the first Tuesday in September every two years in the places
hereafter mentioned...
III.And Be It Further Enacted that it is and may be lawfull for the
inhabitants and freemen in each Precinct in every other County or
Counties that now is or shall be hereafter erected in this Government
aforesaid to meet as aforesaid at such place as shall be judged most
convenienient by the Marshall of such county, unless he be otherwise
ordered by the special commands of the Governor or Com mander in Chief
to choose two freeholders out of every precinct in the county aforesaid
to sit and vote in the said Assembly.
IV.And Be It Further Enacted that the Burgesses so chosen in each
precinct for the Biennial Assembly shall meet and sitt the first Monday
in November then next fol lowing, every two years, at the same place the
Assembly last satt except the Pallatines Court shall by their procla
mation published Twenty days before the said meeting ap point some other
place and there with the consent and con currence of the Pallatine Court
shall make and ordain such Laws as shall be thought most necessary for
the Good of this Government. Provided allways and neverthe less that the
Powers granted to the Lord's Proprietors from the Crown of Calling,
proroguing and dissolving Assemblys are not hereby meant or intended to
be invaded, limited or restrained.
V.And It Is Hereby Further Enacted by the Authority aforesaid that no
person whatsoever Inhabitant of this Government born out of the
allegiance of His Majesty and not made free; no Negroes, Mulattoes,
Mustees or Indians shall be capable of voting for Members of Assembly;
and that no other person shall be allowed or admitted to vote for
Members of Assembly in this Government un less he be of the Age of one
and twenty years and has been one full year in the Government and has
paid one year's levy preceding the Election.
VI.And Be It Further Enacted that all persons offer ing to vote for
Members of Assembly shall bring a list to the Marshall or Deputy taking
the Pole containing the names of the persons he votes for and shall
subscribe his own name or cause the same to be done: And if any such
person or persons shall be suspected either by the Marshall or any of
the candidates not to be qualified according to the true intent and
meaning of this Act, then the Marshall Deputy Marshall, or other Officer
that shall be appointed to take and receive such votes and listshall
have power to administer an oath or attestation to every such suspected
person of his qualification and ability to choose Members of Assembly
and whether he has not before given in his list at that Election.
VII.And Be It Further Enacted that Every Officer or Marshall which shall
admit of or take the vote of any per son not truly qualified according
to the purport and mean ing of this Act (provided the objection be made
by any candidate or Inspector) or shall make undue return of any person
for Member of Assembly shall forfeit for such vote taken, so admitted
and for such Return Twenty pounds to be employed for and towards the
building of any Court House, Church or Chapel as the Governor for the
time being shall think fitt; but if no such building require it then to
the Lord's Proprietors and Twenty Pounds to each person which of right
and majority of votes ought to have been returned: to be recovered by
Action of Debt, Bill, Plaint or Information in any Court of Record in
this Government wherein no Essoign Wager of Law or Pro tection shall be
allowed or admitted.
VIII.And Be It Further Enacted that every Marshall or Officer whose
business and duty it is to make returns of Elections of Members of
Assembly, shall attend the Assem bly the first Three days of their
sitting (unless he have leave of Assembly to depart) to inform the
Assembly of all matters and disputes as shall arise about Elections and
shall show to the Assembly the List of the Votes for every person
returned and have made complaints of false returns to the Assembly;
every Marshall or other Officer as aforesaid which shall deny or refuse
to attend as aforesaid shall forfeit the sum of Twenty pounds to be
recovered and disposed of in such manner and form as the Forfeitures
before by this Act appointed.
IX.And Be It Further Enacted that whatsoever Member or Representative so
elected as aforesaid shall faile in making his personal appearance and
giving his attendance at the Assembly precisely on the day limited by
the Writt (or on the day appointed for the meeting of the Biennial
Assembly, when the election is for the Biennial Assembly) shall be fined
for every day's absence during the sitting of the Assembly (unless by
disability or other impediment to be allowed by the Assembly) Twenty
Shillings to be levied by a Warrant from the Speaker and to be applied
to such uses as the Lower House of Assembly shall think fitt
X.And Be It Further Enacted that every member of Assembly that shall be
elected as aforesaid after the Ratifying of this Act shall not be
qualified to sitt as a Member in the House of Burgesses before he shall
willingly take the Oath of Allegiance and Supremacy the Adjuration Oath
and all such other Oathes as shall be ordered and directed to be taken
by the Members of Parliament in Great Britain.
XI.And Be It Further Enacted that the quorum of the House of Burgesses
for voting and passing of Bills shall not be less than one full half of
the House and that no Bills shall be signed and Ratified except there be
present Eight of the Members whereof the Speaker to be one. And in case
that eight Members shall meet at any Assembly those eight shall have
full power to adjourn from day to day till a sufficient number can
assemble to transact the Business of the Government.
APStudent.com | www.apstudent.com