poll, and proceeding to take the votes of electors for the period of about half an hour, and until forty electors had polled, there being during the whole of that time no third candidate.

2. "That it appears to this committee, that after the first day of the said election, the freedom of the election was grossly violated by disturbances and riots, accompanied with personal intimidation and violence, practised and continued during the six subsequent days of polling.

3.That it appears to this committee that D. P. Coke, Esq. after sustaining several insults and suffering personal violence, was obliged, from the just apprehension of hazard to his life, to leave the place, and could not venture to return; and that a large body of electors were deterred from exercising their franchise of voting.

4. "That it appears to this committee, that John Davison, the mayor, and Joseph Oldknow and Thomas Oldknow, two of the aldermen of the said town and county of the town of Nottingham, took no effectual means to preserve the freedom of election, or restore it when so violated, or to punish the offenders.

5 "That it appears to this committee, by an entry in the corporation book of the town and county of the town of Nottingham, that at a common hall, held on Thursday the 8th day of January last past, (after reciting the petitions referred to this committee), it was resolved, that this corporation will defray all such legal expences as have already been or shall hereafter be incurred by them the said John Davison, Joseph Olaknow, Thomas Oldknow, and John Allen, or either of them, or George Coldham, under their direction, in preparing for or making their defences, and that the chamberlains før the time being be hereby authorized and directed from time to time to advance Mr., Coldhain all and every such sum and sums of money as may be necessary for this purpose.

6. "It appearing that the mayor and aldermen have, by charter, an exclusive jurisdiction within the town and county of the town of Nottingham, and the committee thinking it highly expedient to provide some better security than is likely to be provided by the corporation of Nottingham, to preserve the peace within the town and county thereof, and to prevent the repetition of the same disgraceful scenes :

"That it is the opinion of this committee, that the house be moved for leave to bring in a bill to give the magistrates of the county of Nottingham, concurrent jurisdiction with the ntagistrates of the town and county of the town of Nottingham.

"That it is the opinion of this committee, that unless such or some other measure to the like effect be taken previously to the next election for the town and county of Nottingham, there is no reasonable hope that a free election can be had.

7." That the evidence adduced before this committee be laid before the house for its consideration:

S."That it appears to this committee, that alderman Foxcroft was employed to procure signatures to one of the petitions referred

to this committee, namely, that signed by 537 petitioners, and containing the following allegations: That at the said election they had determined to poll for the said D. P. Coke, but that such was the violence of the mob, systematically regulated and conducted for the purpose, that they were completely intimidated, and thereby prevented from polling for the said D. P. Coke: that the said Johu Davison the mayor, John Allen the sheriff, Thomas Oldknow and Joseph Oldknow, two of the aldermen of the said town, and who by virtue of their offices were magistrates, frequently attended on the hustings, and were repeatedly applied to to preserve the peace of the place and the freedom of election; but the said magistrates took no effectual steps to prevent any of the violent or illegal acts which took place at the said election:

9. "That it appears to this committee, that the said alderman Foxcroft stated to those who sigued that petition, that it was a petition for those who would have voted for Mr. Coke; but he admitted that the major part of them were not acquainted with the allegations against the magistrates and sheriff; and that about sixteen of those who signed the petition wece, to his knowledge, not at Nottingham at the time of the clection.

"To report, &c.

"A criminal information was moved for in the court of King's Bench, in Easter term, 43 Geo. III. against the magistrates, and members of the corporation, upon this ground; that certain petitions having been presented to parliament, complaining of the miscon duct of some of the defendants, the defendants had, in their official capacity, and out of the funds of the corporation, defrayed the expence of the defence. Upon cause being shewn, the court discharged the rule; being of opinion that no criminal purpose was shewn; and that, considering how deeply interested the corporation might eventually be in the decision of the committee, their conduct was justifiable

"It was made a general rule in all the committees, that no witness should be examined who had been in the room during any part of the trial, the agents of the parties only accepted. An application was made in this case to make another exception in favour of the returning officers, whose presence was alleged to be neces sary to protect themselves against the charges maile against them in be several petitions. They had been served with warrants on the part of the sitting member. The committee, after deliberation, determined that there was no reason to make the exception.

"The following are the principal authorities cited, respecting riots at elections. It would have been difficult to introduce themin the body of the case, without adding also a detail of the evidence redating to this part of it.

"Stat. 3 Edw. 1. c. 5. Because elections ought to be free, the king commandeth upon great forfeiture, that no man by force of arms, nor by malice, or menacing, shall disturb any to make free election.' 2 Inst. 168.

“Stat. 13 Hen. 4. c. 7. requires sheriffs and justices of the peace

to repress riots with the power of the county; to record them when committed in their presence; and inflicts a penalty uponth em of 101, in case of neglect.. See also Stat. 17 Ric. 2. c. 8.

"Stat, 2 Hen. 5. c. 8. for the better execution of the stat. Hen. 4. directs a commission to issue under the great seal, to inquire of the riots, and of the default of the magistrates who should repress them; extending the same regulations to boroughs and cities.

"Elections avoided for riots, Glanv. 143. Pontefract, 1624.1 Journ. 797. Southwark, 1702. 14 Journ; 25. Coventry, 1706. 15 Journ. 278. 1722. 20 Journ. 60. Westminster, 1722, 20 Journ. 51, Coventry, 1736. 22 Journ. 819. Westminster, 1741. 24 Journ. 37, Pontefract, 1768. 32 Journ. 68; and the returning officer censured. "Concerning the presence of the military during elections. Resolutions of the House of Commons. 17th of Nov. 1645, That all elections of any knight, citizen, or burgess, to serve in parliament, be made without interruption or molestation by any commander governor, officer, or soldier,' &c. 4 Journ, 346.

“22 of Dec. 1741 That the presence of a regular body of armed soldiers, at an election of members to serve ia parliament, is an high infringement of the liberties of the subject, a manifest violation of the freedom of elections, and an open defiance of the laws and constitution of this kingdom, 24 Journ. 37.

२

"Stat. 8 Geo. II. c. 30, reciting the stat. 3 Edw. 1. enacts, that in case of an election, the secretary at war shall issue orders for the removal of soldiers to the distance of two miles at least from the place of election, and forbidding them to make a nearer approach till one day at least after the end of the poll. This act. has in some instances received a temporary and local suspension. See stat, 20 Geo. III. c. 1. and 50. 21 Geo. III. c. 43.22 Geo. III. c. 29.

*The stat. 8 Gea. 2. c. 30, was prepared by the judges, in obedience to the die rection of the House of Lords, April 22d, 1735. The Lords had addressed the king; and, in compliance with that address, the several allotments of quarters made for the land-forces had been laid before them. The bill was a measure of precaution, taken in consequence of the increase of the standing army about that period. There is a very good account of the debate which took place upon the subject, in the Gentleman's Magazine of that year, p. 751. It seems there to be agreed on all hands, that nothing but a necessity, so strong as to supersede all law, could justify a returning officer in demanding the assistante of the military, or a commander in affording it

COMMUNICATION.

Concerning the last Loan Act, the Property Tax, and Devises of Stock.

THAT there are occasionally many, and perhaps altogether pardonable inaccuracies and omissions in our modern statutes, must have been often observed by you, in com mon with every person at all acquainted with their contents, Aremarkable and important one occurs in the last loan act,44

Geo. III. u. 47, pp.423 and 427:* In one of the clauses of this act, the funds created thereby are made liable to the payment of the income duty, after a certain period; and in the other they are expressly exempted from all taxes, charges, and impositions whatsoever. What will be the construction which a court of law will put opon two distinct clauses so contradictory I will not anticipate, but as it is probable that few are possessed of this act, and loan acts are not printed at length in the quarte or octavo editions of the statutes, I shall here insert both clauses, only observing that the clause of total exemption is the latter of the two, aud that the error has obviously arisen from the framer of the act inserting, by mistake, the ordinary clause of exemption contained in former loan acts, without adverting to the previous clause imposing the duty.

"Provided always, and be it further enacted, that the duty granted by an act of the last session of parliament, intituled, An act for granting to his Majesty, until the sixth day of May next after the ratification of a definitive treaty of peace, a contribution on the profits arising from property, professions, trades, and offices,' shall not be charged upon the half-year's dividend arising on the 5th day of July, 1804, of so much of the 31. per centum consolidated annuities, granted by this act, as shall not have been written into the books of the bank of England on or before the 18th day of May, 1804, being the day appointed by the governor and company of the bank of England for closing the accounts of the said 31 per centum Consolidated annuities, previous to the payment of the half-yearly dividend thereupon that will become due on the 5th day of July, 1804, nor upon the half-year's dividend payable on the 10th day of October, 1804, of so much of the 31. per centum reduced annuitics, created by this act, as shall not have been written into the books of the bank of England on or before such day as shall be appointed by the governor and company of the bank of England for closing the accounts of the said 31. per centum reduced annuities, previous to the payment of the half-yearly dividend thereupon, that will become due on the 10th day of October, 1804," § 8.

"And be it further enacted, that such contributors, duly paying the whole sum so subscribed at or before the respective times, in this act limited in that behalf, and their respective executors, adininistrators, successors, and assigns, shall have, receive and eujoy, and be entitled by virtue of this act to have, receive, and enjoy the said several annuities by this act granted in respect of the sum s subscribed, out of the monies granted and appropriated in this ses sion of parliament for payment thereof, and shall have good and sure interests and estates therein, according to the several provisions in this act contained, and that the said several annuities shall be free from all taxes, charges, and impositions whatsoever.

Folio or black letter édition,

The same act contains a clause relative to the transfer of stock by will, which, though common to all acts of parliament, creating new stock in the bank of England, is, have great reason to think, but little known to the profession, ow◄ ing to the circumstance before mentioned, that such acts are not printed in Runnington's or Pickering's editions. I allude to the 21st clause, which is as follows :

"And be it further enacted, that books shall be constantly kept by the said accountant general for the time being, wherein all assign ments or transfers of all sums advanced or contributed towards the said.sum, of fourteen millions five hundred thousand pounds, shall be entered and registered; which entry shall be conceived in proper words for that purpose, and shall be signed by the parties making such assignments or transfers, or if such parties be absent, by their respective attorney or attornies thereunto lawfully authorized, in writing under his or their hand and seal, or hands and seals, to be attested by two or more credible witnesses; and that the several persons to whom such transfers shall be made, shall respectively underwrite their acceptance thereof, and that no other method of assigning and transferring the said annuities, or any part thereof, or any interest therein, shall be good or available in law; provided always, that all persons possessed of any share or interest in either of the said stocks of annuities, or any estate or interest therein, may devise the same by will, in writing, attested by two or more credible wit nesses; but that no payment shall be made upon any such devise, until so much of the said will as relates to such share, estate, or interest, in the said stocks of annuities, be entered in the sail office; and that in default of such transfer on devise, suck share, estate, or inė terest in the said stocks of annuities, shall go to the executors, administrators, successors, and assigns; and that no stamp duties whatsoever shall be charged on any of the said transfers; any law or statute to the contrary notwithstanding." § 21.

By this clause it appears that, in order to transfer stock to a devisee, two witnesses to the will are indispensably necessary, or the stock will go, not to the devisee, but to the executor. In cases of specific legacies of a certain and marked quantity of stock, this may give rise to a question of importance, though I leave it to others to say whether a court of law or equity would not, in all cases, consider the executor as a trustee for the devisee, when such a will is attested by one Witness only. But, as it is better to avoid giving rise to questions of law, when it can be easily done, than to moot such questions before they do arise in practice, I trust, that through the circulation of your work, the practice of regularly attesting, by two witnesses, wills of personal property, in which there are devises of stock in the government funds, will become as general as the due execution of wills, concerning real property, by three witnesses.

AMICUS.