UNIVERSITY OF ILLINOIS LIBRARY AT URBANA-CHAMPAIGN STACKS The person charging this material is re- sponsible for its return to the library from which it was withdrawn on or before the Latest Date stamped below. Theft, mutilation, and underlining of books are reasons for disciplinary action and may result in dismissal from the University. To renew call Telephone Center, 333-8400 UNIVERSITY OF ILLINOIS LIBRARY AT URBANA-CHAMPAIGN Digitized by the Internet Archive in 2017 with funding from University of Illinois Ur,bana-Champaign Alternates https://archive.org/details/historyofrightspOOhuds THE HISTORY OF THE RIGHTS AND PRIVILEGES IRISH PEOPLE, AND ALL THE LAWS RELATIVE TO THEIR ELECTIVE FEAKCHISE, UNDER THE REFORM ACT : WITH AN APPENDIX, CONTAINING ALL THE ACTS IN FORCE AND UNREPEALED , RELATJVE TO HOUSEHOLD AND LANDED INTEREST OF LANDLORD AND TENANT IN IRELAND. BY VV. E. HUDSON, ESQ. BARRISTER AT LAW, ’ DUBLIN : MILIKEN; SMITH, CORK; WILSON, LIMERICK; AND ALL BOOKSELLERS. 1847 . t I . •) i’ • i; ;rv\ :. r VJ- ' T , ^^^JT . by.v, : ^ i-'tu- ■;*' ' /i..*'’"*::''''.^-i.. . •'= ■' 'f. V ^•"■') The phrases,^ or meeting of wise men, — “ Edgarus rex consilio sapientum suorumf — “ sa- pientes consilio regis Ethelstanif — “ Rex Edmundiis et episcopi sui cum sapientibus suisf — used in the codes of the Saxon and Danish monarchs,(c) give but slender in- formation how these assemblies were composed, or con- stituted. But it may be doubted whether any but the peers attended. “ Tempore Ince et aliorum Regum Saxo- (a) 1 Bla. Comm. Booh I. c, 9, \ Co. {b) Mirror, c. 1. s. 3. Littl. 1C9; Com Dig, Varliament. D. (c) 1 Bla. Comm, B. 1. c. 2. B 2 Of the Parliament^ num fuerat conventus sapientumy spiritualium et tem- PORLIUM.”(«) Sir Edward Coke {b) mentions an " ancient record in- tituled, de modo tenendi parliamentum tempore regie Edw* filii Etheldredi: debent auxilia peti in pleno parliament to. The name parliament f however, derived from the Frenchy would seem rather to have been given to the great councils held under the princes of the Norman line, and to have been imported with them. In the Year Booky M, 21 Edw, HI. 60, case 7, The King y. The Bishop of Norwichy an act of parliament, which was ju- dicially allowed by the court, was pleaded in this man- ner — “ In the time of W. Conqueror at his parliament, held on such a day, it was ordained by the king, and by the archbishop of Canterbury and by all the other bishops of the land, earls and barons, &c., that,” &c. There are three points especially, in the history of our parliaments, much disputed by learned antiquaries, and still involved in obscurity, viz. 1st, At what time the Commons were first summoned to these great councils : 2nd, Whether the commons summoned were at all times an elected body, and, if not, when the practice of electing commenced. 3rd, At what period they began to form a distinct as- sembly. The evidence on these questions, from records relative to the parliament of Irelandy will now be found not less important, than that arising from the early records of the parliament of England. Sir Edward Coke says (c), — “ The king of England is armed with divers councils, one whereof is called commune conciliumy and that is the court of parliament, and so it is legally called in writs and judicial proceedings commune concilium regni Anglice. And another is called magnum concilium: this is sometime applied to the (o) 9 Co. Prcef.t^Com. Dig, Par- (6) 2 Inst. 533. liament (B). (c) Co% Littl, 110. and how constituted. upper house of parliament, and sometime, out of parlia- ment time, to the peers of the realm, lords of parliament, who are called magnum concilium regisP In the charter, 1 Hen, I, A. D. 1101, (a) Henry declares himself to have been crowned kin^ “ communi consilid*^ of the barons of the whole realm oi England: and he con- firms the laws of king Edward (the confessor) with those emendations which his father ( Will, /.) made, “ consilio baronum suorumP In one of the copies of this charter, he concludes, ‘‘ testibus archiepiscopisy episcopisy baronibuSy comitibuSy vicecomitibus et optkuatibus tocius regni Anglice quando coronatus fui.^^ The other copies merely name a few bishops and nobles. Stepheuy in his charter 1 Stephen A. D. 1136, (a) de- clares himself “ assensu cleri et populi inregem Anglorum electP The Charter is witnessed by archbishops, bishops, earls, and other nobles. By his second charter {b) he states his confirmation thus — “ omnibus baronibus et hominibus meis de An~ glitty'* — confirming to them all the liberties and good laws which King Henry gave, and all the good laws and good customs which they had in the time of King Edward, Henry II, by his charter, (c) “ confirms to God and holy church” and all his earls and barons, et omnibus hominibus meis^^ all the gifts, liberties and free customs which his grandfather Henry gave them ; and in like manner abolishes all bad customs which he abolished. The first of the surviving charters of JohUy 16 Johuy A. D. 1214*, (c?) granting to the church freedom of election of all prelates, states that it was made on petition of the prelates, “ de communi consensu baronum nostrorumP By ih^Articuli Magne Carte Libertatumy 17 John A. D. 1215, (e) in the 32d. of those “ capitula que barones pe^ tunt et dominus rex concedity^ it is stipulated that scutage or aid shall not be imposed ^^nisi per commune consilium (o) 1 Stat. of the Realm. Charters of Libertiesy p, !• (6) Ibidy 3. (c) Ibid. 4. (d) Ibid. (e) Ibid. 7. C/S ■ 4 Of the Parliament, REGNi” unless to ransom the King’s body, make his eldest son a knight, or for marrying his eldest daughter, and then only a reasonable aid; also that so it shall be of the tallages and aids of the city of London and other cities having liberties, and that the city shall have its ancient liberties and free customs. Magna Carta (a) made the 25th June, in the same year, is stated to be made “ per consilium'^ of the archbi- shop of Canterbury, the archbishop of Dublin, the bishop oi London, and other bishops, " et nobilium virorumf who are named, “ et aliorum fidelium nostrorum.” In this charter, which the King is stated to have made ** corni- tibus baronibus et liberis hominibus suis Anglie, after the clause against imposing aids nisi per commune consilium regni nostri, and the confirmation of the liberties and free customsof London, the charter grants that all other cities, boroughs, towns and ports shall have all their liberties and free customs ; and then proceeds as follows : The Great Charter “ Et ad habendum COMMUNE CONSILIUM REGM de auzilio sura^monin^g onhe aliter quam in tribus casibus predicts velde Mament.”^ scutagio assidendo, summoneri faciemus Archiepiscopos, Episcopos, Abbates, Comites, et Majored Barones,sigilla^ tim, per litteras nostras ; et preterea faciemus summo- neri in generali per vicecomites et ballivos nostros omnes iLLos Qui DE nobis tenent IN CAPITE ad certum diem, scilicet AD TERMiNUM QUADRAGiNTA DiERUM ad minimum, ct ad certum locum ; et in omnibus litteris illis summonitionis cau%amsummonitionis exprimemus, et sic facta summoniti- one, negotium ad diem assignatum procedat, secundum con^ silium illorum qui presentes fuerint, quamvis non omnes summoniti venerint^ Thus the great charter (and it is perhaps the earliest authentic record of the fact,) evidences the title of the commons to be summoned to parliament ; and it is re- markable that the privilege appears to be, not one of those stipulated for by the barons of Runnymede, but one of (a) 1 Stat.of the Bealtn, Charters of Liberties, p. 9. and how constituted. B those which, in the subsequent assembly, were added to the articles. Another fact here apparent is, that those of the com- mons who were to be summoned were not persons to be electedy but merely the king’s tenants in capite who were in homage and fealty to him — who were, in the technical sense, his “ homines^'* The first charter of the following reign, 1 Hen. III. A. D. 1216^ (a) is stated to have been made by counsel of bishops, p(obles, ‘‘ et aliorum fidelium nostrorum^^ in the same manner as that of John. It confirms the liberties and free customs of London, and of all other cities, bo- roughs, towns, and ports (including by name the Cinque Forts^ but it omits altogether the remarkable provisions of the great charter against taxation without the assent of the council of the realm, and respecting the mode of its being summoned. The charter of the following year A. D. 1217 {h) dif- fers little from the last. It is stated to have been made “ de consilio episcoporum et W. Mariscall. Com. Pembr. rectoris nostii et regninostri et aliorum fidelium Comitum et BARONUM nostrorum Anglief and at the conclusion, this phrase is used — Statuimus etiam de communi consi- lio Tocius REGNi quod ^c. The Carta de Foresta (c), of the same year, commen- ces in the same form. The Magna Carta 9 Hen. Ill A. D. 1224-5 (c?),the king* The Commons . V / & grant an aid. states, IS granted spontanea et bona voluntate At the conclusion, however, it appears, that, for the con- cession and gift of these liberties and those contained in the charter of the forest, the “ archiepiscopi, episcopi, abbates^ prioresycomitesy 5arowc5, milites, libere tenentes et omnesj dereg nonostro f gave him a fifteenth part of all their mo- veables. Here then, we see, more extensive classes of the king’s tenants were admitted ; but it does not appear by election. The subsequent charters of confirmation, made by Hen. (а) 1 State of the Realm y Charters (c) Ibid 20. of Lil>erties. p. H. (d; Ibid. 22. (б) Ibid. 17. B 3 Citizens and bur. gesscs summoned to parliament. Early representa- tion of England, Of the Parliament^ III. after he had come of ag'e, 21 Hen, III., 36 Hen, III., 49 Hen. III. (a), refer to the former — and in the last- mentioned there is this remarkable expression, “ Ad liec de unanimi assensu et voluntate nostra, Edwardi filii nostri, prelatorum, comitum, haronum et commumtatis REGN i NOSTRi concorditcr provisum est quod, Now, of this same year, 49 Hen. III., A.D. 1264, Black* stone states, that there are, still extant, writs to summon knights, CITIZENS, and burgesses to parliament {b ) ; and it seems difficult to assign, tvith certainty, an earlier date to the holding of representative assemblies in England. The statute of Marlbridge, 52 Hen. III., A.D. 1267, is stated to be made, “ conmeatis discrecioribus ejusdem regni, tarn ex majoribus qua3i minoribus.’’ In the 22 Edw. L, the comites, barones, et omnes alii de regnd*^ gave a tenth for carrying on the war in which the king was then engaged. But the “ omnes alii!'* could not include the citizens and burgesses w’ho were tallaged at a sixth ; and for levying this subsidy the king issued his writs to commissioners for each city and bo- rough of his demesne. In the commission to the city of London, the subsidy is recited as granted by the citi- zens. (c) There was a parliament in the 23 Edio. I. for which writs of summons were issued, but we are told the hinges cities and boroughs, alone, were summoned, From the bundles of writs remaining in the exchequer, it ap- liears that 145 places sent members to this parliament ; and that 24 other places sent members in the 25 and 26 Edw, I., including the city of London and the counties of Norfolk and Suffolk which are not mentioned in the former writs. These made in all 169 places ; of which 37 were shires returning 2 members each ; 22 were boroughs which have long discontinued to return members ; and 1 10 were cities and boroughs, which either continued to return, or, if omitted for a time, were restored. (a) 1 Stat. of the Realm, Charters (c) Ilci/tv. Bor. Elect. 3C. oj Liberties, 28, 31. (rf) Ibid. 36. (i; 1 £la. Comm. 149. and how constituted. In the confirmatio cartarumy 25 Edw. I., cc. 5, 6, the king grants, as well to the archbishops, bishops, abbots, priors, and other folk of holy churchy as also to the earls, barons, and all the commonalty of the land not to take aids, tasks, or prises, but by the common assent of all the realm, and for the common protit thereof, saving the an- cient aids and prises due and accustomed; and by the statutum de tallagio, in the same year, no tallage or aid shall be imposed or levied without the will and assent of the whole, — archbishops, bishops, earls, barons, knights, burgesses, and other free commons of our realm.” («) To the above parliaments the counties palatine of counties palatine, ^ &c. not summoned. Chester and Durham were not summoned. The reason of this may be traced in feudal principles. “ County” is derived from comes or countee (earl), the companion of the prince, who, originally, had a territory assigned to him, which was called comitatus, (b) Charlemaine, in the decline of the Roman empire, instituted several conn- tees in Germany, France, and Italy, and gave them not only an absolute command in martial affairs within their several territories, but also ordinary jurisdiction in civil and criminal causes. They were of two degrees, the comites simplices, and the comites palatini, who were of higher rank ( comites palatii ), and possessed divers royal franchises and privileges not granted to the others. The name and office of countee was introduced into England from Germany by the Saxons, long before the Norman conquest; but the first county palatine, Chester, wa^ erected in the time of William the Conqueror. There were but 2 others : Durham created in the time of Ric. I., and Lancaster not until Edw. III., iox Ely, though a liberty having conusance of causes secular granted by king Edgar, was not ever a county palatine. The lord$ marchers, upon the marches of Wales, too, had royal seigniories in their several territories, but had not all the privileges of the county palatine. The royal jurisdiction {a) 1 Siat. of the Uealm^ 123, 125. (b) Da v. 59, Le case (tel Countie latine de Wexford. 8 The nuiribers sum- inoned for each place. Separation of the citizens and bur- gesses. Of the Parliament, appeared in the lords having their own courts of chancery, issuing their own original writs, &c. The royal seigniory in having tenants in capite of themselves, with all the prerogatives of the tenure attached, and even barons holding their baronies of them. In the 35 Edw. I., A.D. 1306-7, we find the statute of Carlisle made “ de consilio comitum, haronum, magnatum, procerum et aliorum nobilium, et regni sui communtta- TUM in parliamento, The writs of summons of the 341 and 35 Edw, L, also, are extant, (a) These writs re- quired the sheriffs of the counties to return two knights for every shire, and for each city two citizens, and for each borough two burgesses, or one, according as the bo- rough was greater or less. The knights were summoned for themselves and the commonalty of their counties, and the citizens and burgesses for themselves and the com- monalty of the cities and boroughs divisim ah ipsis. Thus, it appears, here they acted as a separate body from the knights. In the 34 Edw, III., the archbishops, bishops, abbots, priors, earls, barons, knights, and freemen and commona- lities of the counties, granted a thirtieth, and the citizens and burgesses, and commonalities of the cities and bo- roughs, an\l also the tenants of the king’s demesnes ( who were summoned though not named in the writs) granted a twentieth. So in the 35 Edtv. III., the earls, barons, knights and others granted an eleventh ; the citizens, burgesses, and other honest men, of the demesnes, cities, and boroughs, granted a seventh. Thus we find the parliament composed of three classes, viz.; 1. the nobles; 2. the king’s tenants; and 3. the elected knights, citizens, and burgesses. But the nobles, the knights, and the superior tenants (in capite) formed one house ; whilst the citizens, burgesses, and the tenants in ancient demesne formed another. The constitution of the first parliament of the next (fl) Heyw, Bor. Elect, 33, ^c. and how constituted. 9 reiffn, 1 Edw, IL, was similar. («) But subsequently, Complete separa- ® ^ of the House many laws were made “ at the grievous complaint of the of Commons from ....... , fho Lords. commons,” indicating their sitting in a separate house; and in the 3 Edw. IL, A. D., 1309, the commons delivered articles of grievances, (the earliest instance,) which began thus, — “ Que les ghivalers, gentz de citez, e de burghs^ e des autre villes, qui sont venuz a son parlement person commandement pur eux et pur le peuple^ {h) Here, then, we may date, with certainty, the complete separation of lords and commons, according to our pre- sent notions, and the accomplishment of that great con- stitutional reform which gave, to the commons alone^ the control of the national taxation. Some time after, the te- nants in ancient demesne are left out of the preambles to the commissions for levying the taxes, and they are not mentioned after the 8 Edw. III. (c) The earliest writs to the sheriffs required them, in ge- neral terms only, to cause to be elected, of everg city within their respective counties 2 citizens, and of every borough 2 burgesses. Serjeant Hey wood makes it a question (c?), whether any but the hinges cities and bo- roughs ever were represented, and in the 23 Edw, I., he says, the writs were so confined. But there was no uniform rule to go by ; the returns varied ; much was left to the discretion of the sheriffs and returning offi- cers; and the places sending, representatives, being bur- dened with the payment of their wages, sometimes claimed exemptions, — excused themselves on the ground of poverty, — or failed to elect altogether. The sheriffs sometimes returned the excuses and omissions, and some- times summoned others in the room of those who could not attend. The number of representatives in the 23-26 Edw. HI. Ancient number ^ of representatives. could not have exceeded 310, and Sir John Fortescue^ Chancellor to Hen, VI. says (e), that in that reign, the House of Commons consisted of “ more than 300 chosen {a) Hey VO. Bor. Elect. 35. (5) Ibid. 36. (c) Heyvo. Bor. Elect. 36. {d) Ibid. (e) Seiden’s Foriescue^ c. 18, p. 40. 10 Counties of cities and towns. Wale*. Of the Parliamenty men.” Willis says (a), that from the reign of Ediv. I, to Edw. VL, not 30 new boroughs were created. How- ever, up to this period, we must in addition to the 110 ancient cities and boroughs, above referred to, allow for 37 others (including the Cinque Ports') which were either accidentally omitted from the early enumerations, — or replaced the boroughs omitted, — or were created altoge- ther anew, — or else succeeded, subsequently, on some other ground, in establishing a claim to be considered and restored as ancient boroughs. Of these, making 147 in all, the city of London was distinguished by sending 4; each of the 146 have constantly sent 2 members each. The larger cities and boroughs were, in a great mea- sure, barriers for the crown against the power of the barons, and many concessions were made to conciliate them ; for this purpose the right to tallage them at plea- sure was given up, and in some instances they were wholly exempted from the ordinary jurisdiction of coun- ties, and made separate counties in themselves. Of this description were the cities of Bristoly Canterbury y Coventryy Lincolny Londony Norwichy and Yorky and the towns of Kingston-upon-Hully Newcastle-upon- Tyney Nottinghamy and Southamptony prior to the 39 Hen. VI. ; and since then, the cities of Exeter y Gloucester y Litch- field and Worcester y and the town of Poole, (h,) Wales though conquered, (or, as assumed by Edw, L, feudatory and forfeited by rebellion,) and annexed to the crown of Englandy by the Statuta Walliey 12 Edw, I., A. D. 1284, did not at once enjoy the privilege of repre- sentation. In the 15 Edw. II., A. D. 1322, the king is- sued his writ to the justiciary of WaleSy commanding him to cause 48 members to be elected in North and South WaleSy and to be returned to act, treat, and con- sult with the other members in his parliament in Eng- land. (c) We do not find how this was acted upon, until by (a) 'Not. Pari. Vol. 1, Pref., p. 9. \b) Heyw, Bor. Elect. 19. (c) Lynch on Elect. 7. and how constituted. 11 the 27 Henry VIII. c. 26, s. 29. A. D. 1535, the 12 coun- ties, and 11 towns in Wales, were enabled to send 1 member each ^ and by s. 28, of the same act, the county of Monmouth was enabled to send 2 members, and the city of Monmouth 1 member. These shires were com- posed not only of the ancient “ dominion of Wales,” but also of the « Lordships Marchers,” which lay between the shires of England, and those of Wales. Of the counties palatine of Chester and Durham, the former obtained 2 members for the shire and 2 for the city, by the 34, 35 Hen. VIII. c. 13, and the latter a simi-’ lar representatiion by the 25 Car. II. c. 9. The city of Chester also, is, from of old, a county in itself. The town of Haverford-west, which was made a county in itself by the 34, 35 Hen. VIII. c. 26, s. 124, obtained 1 member by s. 11 1 of the same act. The town of Caer- marthen also, it appears, is a county in itself, (a) The town of Berwick-upon-Tweed was originally part of Scotland. Edw. I. claimed Scotland, as well as Wales, as “ holden of the crown of England and in the 24th year of his reign, he treated the king as a rebellious vas- sal, and took Berwick. It afterwards changed masters frequently, by war and cession, and was finally recovered by Edw. IV., and recognised as annexed to the crown of England, by the 22 Edw. IV. Eng. c. 8. Between that time and the 33 Hen. VIII., Berwick was summoned, as a borough of England, to send members to parlia- ment. (5) It was also constituted a county in itself, (c) In the subsequent reigns, not only were many of the ancient boroughs restored, but the crown exercised a pre- rogative of creating new boroughs, {d) The last instance was that of Newark-upon- Trent, 29 Car. II., which occa- sioned much dispute in the House of Commons, as to its legality. From all these causes combined, the repre- sentation of England aad Wales came to be made up as follows : — 12 Of the Parliament^ T Ultimate state cf the representation of Er.gland. Scottish Pallia- ment. BY ANCIENT RIGHT. MEMBERS. 37 Ancient shires, returnins* ... ... 74 City of London, ... 4 146 Other ancient cities and towns, ... 292 370 BY PREROGATIVE. JBerwick-upon^Tweed, by Henry VIII. 2 14 Cities and boroughs, by Edward VI. (including Westminster^ ... ... 28 10 Cities and boroughs, hy Mary, ... 17 24 Ditto ditto, Eliz 48 6 Ditto ditto, Jac, L, (including Cam- bridge and Oxford Universities) ... 11 1 Borough, Car* 11. ... ... ... 2 108 BY ACTS OF PARLIAMENT. 15 Shires, as above, 18 15 Cities and towns, 17 35 Total, 513(a) Thus stood the House of Commons at the revolution, from which time to the union with Scotland, no boroughs were either created or restored ; and the articles of that union having settled the proportion of the members to be sent by each kingdom, the prerogative of the crown to create, and the privilege of the commons to restore, were taken away. The parliament of Scotland anciently consisted of three estates : 1. the bishops, abbots and other prelates ; 2. the barons and the commissioners of shires, w ho w ere the representatives of the smaller barons, or the free tenants of the king ; 3. the burgesses or the representa- tives of the royal burghs. These three estates assembled (a) With respect to the peerage, it is only necessary to advert to the statutes passed at the time of the Reformation, 27 Hen. VIII. c. 28,31 Hen. VI II. c. 13, &c., by which the mitred abbots and priors, who, till then, like the archbishops and bi- shops, were lords of parliament in right of their seignories, were de- vested of any future share in the le- gislature. and hoiv constituted. 13 always ill one house, had one common president, and de- liberated jointly upon all matters that came before them, whether of a judicial or legislative nature. At the re- formation the ecclesiastical lords were deposed, and at the of Engiarrd time of the union the Scotch parliament consisted of two Scotland, estates only. By the treaty of union, ratified by the re- spective parliaments in each kingdom, and by acts passed in the years 1706, 1707, (see the Scotch acts, and the 5 Ann. Eng. c. 8., which incorporates the act of the par- liament of Scotland of the 5th Feb. 1707, 6 Ann, G.B.^ €. 6., and c. 23., &c.), it was provided that 16 of the peers of Scotland, to be elected by the peers of Scotland, should be the number to sit and vote in the House of Lords, and that 45 should be the number of the representatives of Scotland in the House of Commons of the parliament of Great Britain. We shall now briefly advert to the introduction of legis- introduction of lative institutions into Ireland, distinguishing the evidence iions^fnto Treiand. under the different reigns. HENRY THE SECOND. In the 17 Hen. II., A.D. 1 171 (a), that king proclaimed his voyage royal into Ireland, and, having proceeded thi- ther with his army, for some time commanded in person. On the principal knights who accompanied him he con- ferred estates and dignities, to them and their heirs, in consideration of feudal services ; and even the earl of Pembroke, his precursor in Ireland, who by marriage with Eva, daughter of a native prince, had acquired the prin- cipality of Leinster, was obliged to resign possession of that estate, and accept a royal grant thereof, subject to expressed conditions of homage and military service. In retaking, after he had surrendered, an exception was made of the city of Dublin, cum cantredis adjaceniihus, ac villis maritimis et castris. (b). Thus a general accep- (o) Lynch Feud. Bar. 2. {h) Dav. 63. 14 Of the Parliament^ tance of the feudal system as it then prevailed in England^ and of the duties, services, and conditions which it en- forced, was the consideration given to Henry for those estates by his subjects settling in Ireland, These char- ters of the Anglo-Norman king went farther : in most of them are found grants of soc [a jurisdiction with liberty of holding a court to which the socmen, or tenants in socage, shall render suit], sac [a privilege of plea and correction of trespasses of men within a manor], tol [a liberty for the lord and his men to be custom-free], them [a royalty for restraining and judging bondmen, neifs and villeins with their children, goods and chattels, in his court], infang^ thef, utfangthef, [the privileges of taking and judging thieves, for crimes committed ivithin and without the ma- nor], duellum [the power of holding trial by battle], &c. The court, which the lord thus obtained the right to hold, was the ‘‘ court baron,” in which only he could obtain ’ the ordinary feudal aids himself,* and, when summoned ‘ to the commune concilium of the realm, he could not vote t his sovereign an extraordinary, or extra-feudal aid, with- ^ out first obtaining the sanction of his tenants assembled : in the court baron, over which the baron or his seneschal ; presided. By the establishment of these tribunals the ; whole machinery of the common law of England was at ! once put in motion by the subjects of Henry in Ireland, ( Thus Hugh de Lacy held the Meath territory, and John | de Courcy enjoyed courts and jurisdictions in Ulster, The 5 king made grants also to the clergy with power of holding \ courts, and thus by a grant of the lands of Coillach to the J archbishop of Dublin in barony tenure, that prelate and ^ his successors became lords of parliament. To the inha- bitants of Dublin, (whom he calls his burgesses J, he granted by his charters, the laws of Bristol, with free trade throughout his kingdoms of England, Normandy, Ireland and Wales, Prince John was invested with the lordship of Ireland, and granted charters of privileges to the inhabitants of cities and other fortified places. His charter to the citizens of Dublin was dated within three and how constituted. 15 years from the death of his father; and bestows many exemptions upon them. In the 9 John^ an ordinance was made fixing the limi- tation in writs of right, he., from the return of his father^ Hen, II., out of Ireland, an event which occurred in 1172. Three palatinates were created in Ireland by this Counties palatine, king (a); 1. Leinster, granted to earl Strongbow ; 2. Meath, granted to sir Hugh de Lacy, the elder ; 3. Ul- ster, granted to sir Hugh de Lacy, the younger. After- wards, William le Marshal, having married the daughter and heir of Strongbow, had issue five sons and five daugh- ters : and, the five sons having died without issue, the seigniory of Leinster descended to the five daughters; and, upon partition amongst them, each had an entire county allotted to her ; viz. the eldest, Carlow ; the 2d, Wexford; ihe Zdi, Kilkenny ; ihe Kildare ; and the 5th, the territory of Leix ; whereupon each had a several county palatine, and all the jura regalia. The charter of Callan, in the county of Kilkenny, (20 March, 20 Kdw, III.), by Lionel, duke of Clarence, H, Earl of Stafford, and Anna la Despencer, lords of the liberty of Kilkenny, contained an inspeximus of a charter of William le Marshal, earl of Pembroke, lord of Lein- ster, granting liberties to the burgesses of Callan, and no- ticing tenements held of him in capite. So the charter of New Rosse, otherwise Rosse pontis, in the county of Wexford, granted by Roger le Bigot, earl of Norfolk, who married the eldest daughter of Wil- liam le Marshal, An inspeximus (I Hen, VI.) of a charter of the to\ni of Kilkenny granted by W, le Marshal, recites it to have been, under the great seal which the lords of the royal liberty of Kilkenny of old used there in their chancery. By the concurring testimony of many public statutes it appears \h 2 X parliaments have been held in Ireland during the reign of Hen, II., or, as some of those statutes ex- (a) Dav. 61, Le Case del Countie Palatine de Wexford. 16 Of the Parliament, press \i,from time immemorial, from the first acquire- ment of that country. One enactment of this reign, called “ The statute of Henry Fitz-Empres%f (as Hen, II. was called,) made for the election of a chief governor, when that officer should vacate his office, has survived, and it was thereby provided that the chancellor and other officers whose names are specified should, with the assent of the nobles of the land, have power to elect a governor on such an occasion. Elections were afterwards made under this statute, and it was recited, confirmed and re- enacted in a parliament of 2 Ric. II L {a) JOHN. Being engaged in the Norman war, this monarch wrote to Ireland for an extraordinary aid, by two writs, dated 5 John, the one addressed “ archiepiscopis, episcopis, ab- hatibus, prioribus, archid. et universo clero per Hib, con- stitutis N the other “ comitibus, baronibus, justiciarivs, MILITIBUS, CIVIBUS, MERCATORIBUS, BURGENSIBUS, et LIBERE t TENENTiBUS et omnibus aliis fdelihus suis per Hib, consti- \ tutisf (b) This parliament was held, for there are three patents of the next year, one directed to the barons, ^c,; another ‘‘ omnibus fidelibus HibJ^ and the third ‘‘ civibus DubV^ in which the king thanks them for the aid they ! had given him. To obtain an extraordinary aid, like the | above, was, indeed, the principal cause at that period of | convoking full parliaments ; for in the ‘‘ commune conci- \ liumf only, could such supplies be granted, as appears by ^ the declaration in Magna Carta, (c), ' In 1210 (11 Johri) the king visited Ireland and held a parliament there, at which it was ordained by the com- mon consent of all that the English laws and customs should be observed in that country. On the same occa- sion the tenants in capite enquired the time and manner of rendering the military services due to the crown out of their estates : and the king ordered that they should be (а) Lynch Feud. Bar. 36, 37. (б) Ibid. (c) lbid.3S. and how constituted. 17 done when escuage or royal service was proclaimed ; viz. when the king by common council of his tenants should fix a day and place, on warning of forty days at least, (a) In the 14 John^ he sent over a transcript of certain letters patent which the magnates of England had made to him, and he requests the barons of Ireland to affix their seals to similar letters : but, with respect to their advice to him to make peace with the church, he commands that it be provided, “ per commune concilium fidelium nostrorum de partihus illisf under what form (his royal right and liberty untouched) that peace might be accomplished, and that the form, emanating from their council, should be made known to him. (p) Sir John Davis (p) says, “king John made but 12 counties in Leinster and Munster^ viz. Dublin^ Meath, Urielf ( Louth ) “ Kildare, Carlow, Kilkenny, Wexford, Waterford, Cork, Kerry, Limerick, Tipperary. But the other provinces and territories of this realm which are now divided into 21 counties at large, being then in- habited for the most part by the mere Irish, were out of the limits of shire ground, for the space of 300 years after the making of the first 12 counties.” Looking back at the above, we find even earlier evi- dence in Ireland of the holding of parliaments to which the Commons were admitted, than appeared on the -Ew- glish records ; but, so far, it does not appear, expressly, that they were elected, although some of the phrases may furnish grounds for a conjecture that they were, HENRY THE THIRD. In the 1 Hen. HI. a charter is sent by the king, to the archbishops, bishops, abbots, earls, barons, knights and freeholders, and all his faithful of Ireland, in which, after commending their fidelity, he grants that they shall en- (a) Lynch's Feud. Bar, S9. (c) Dav. 37. b. Le Casede Tanistry. {b) Ibid. 40, 294. c 3 18 Of the Parliament^ joy to them and their heirs for ever the liberties by him and his father granted to the kingdom of England^ which, distinctly reduced into writing, he, ‘‘ de communi const-- lid"^ of all his faithful, sends to them, (a) In the 2 Hen, III. the king commands a tallage and aid to be imposed on all the citieSy boroughsy and de- mesnes, and that the kings of Connaught and Todmund, and the other kings, and the Irish, and the barons and knights who hold of the king in capite should impose a like aid. (b) In the 12 Hen, III. he commands his justiciary to as- semble the archbishops, bishops, abbots, priors, earls, and barons, knights, freeholders, and sherhfs of all the counties, and publicly read to them the charter which king John made, and sworn to by the magnates Hibernie, to observe the laws and customs of England in Ireland, And he orders that the laws and customs therein con- tained be proclaimed and observed in every county in Ireland, (c) In the 28 Hen, III. the king addressed himself ‘‘ comi- tibus, baronibus, et aliis probis hominibus, et coMxMUNI- TATi Tocius Hib.” conccdiiig that if the service they granted for his expedition to Scotland, should be ex- ecuted out of Ireland, it should not thereafter be turned to prejudice their former liberty (d) ; he also ordered his justiciary to cause equal weights and measures to be used throughout Ireland, first, however, convoking a coun- cil of all the discreet burgesses of that land*^\e) In the 37, 38 Hen, III. there are writs claiming the ordi- nary feudal aids, to make his eldest son a knight, and to- wards marrying his eldest daughter ; these he addresses, archiepiscopis, episcopis, abbatibus, prioribus, comitibus, baronibus, militibus, et omnibus liberis hominibus suis de terra Hibern,^'* In the 38 Hen, III. he sends two writs ; by one, simi- larly addressed, he calls for an extraordinary aid in de- (a) Lynch's Feud. Bar, ^225, {bj Ibid, to Ibid, 297. [d) Ibid. 29S. Ibid. 41 . and how constituted. 19 fence of Gascony ag'ainst the invasion of the kin^ of Castile ; the other is addressed to the citizens and hiir-^ gesses also, and he implores them by the phrase, “ um- VER5ITATEM VESTRAM,” to assist him with men and money. The king had conferred on prince Edward the domi- nion of Ireland^ and one of the statutes of a parliament held before him at Castledermot^ 48 Hen, III. is still pre- served by recital in these words, it was provided by the council of lord Edivard and the community of the whole land, thatf &c. («) A statute of the 53 Hen, III., ordaining a similarity of weights and measures throughout the kingdom, is preserved. The language is, Provisuyn et statutum est de consilio domini R, de Ufford capitalis justiciarii Hi~ hernice, at aliorum fidelium domini Edwardi, qui sunt pe~ riti de ejus consilio, et de consensu omnium magnatum ET TOCIUS COMMUNITATIS HiBERNI^.” EDWARD THE FIRST. The parliamentary records of this reign are numerous, and we pass at once to those of the 23 Edw, 1. in which the persons summoned are disclosed. (5) It is recited that the justiciary, &c. had ordained thati# “ general parliament’’ should be held, and therefore, the arch- bishops, bishops, abbots and priors, whose presence seemed necessary, and also the earls, barons, and other optimates of the land were commanded to appear. Also, The sheritfs of Dublin, Louth, Kildare, Waterford, Tipperary, Cork, Limerick, Kerry, Connaught and Roscommon; And Ca) Lynch’s Feud, Bar, 43, (5} Ibid. 50, 309. 20 Of the Parliament^ The seneschals of the liberties of Meath, Wexford, Carlow, Kilkenny, and Ulster^ were ordered, that they, the sheriffs in full county, and the seneschals in the full courts of such liberties, by the assent of such counties and liberties should cause to be elected two of the knights of each county and liberty to be present, having full power from the whole community of such county and liberty ; and that each sheriff and seneschal should be present in person. In the 28 Edw, L writs of summons to a general parliament at Dublin were issued requiring the presence of the prelates and magnates in person, and the commu- nities of counties by 2, 3, or 4, elected for the purpose, and having special power, as if all were present; and likewise the communities of cities and boroughs by 2 or 3, &c. Separate writs, it seems, were issued to the ci- ties and boroughs, (a) This king granted a certain royal liberty within the county of Kerry and Desmond to Thomas Fitz-Au’- thony. {V)^ EDWARD THE SECOND. In this reign many parliaments were held at Kilkenny and at Dublin, It appears the writs for the Commons were directed to the sheriffs, commanding them to cause 2 knights to come from each county, and from each city or borough 2 citizens or burgesses. Some of the enact- ments were aimed against the exactions of the nobility, and it appears that there was a committee (4 Edw. 11.) for preparing the statutes, and for despatch of business, the members of w hich were selected from the Commons as well as the Lords, (c) In the parliament 13 Edw, II. (a) Lynches Feud, Bar, 310. \b) Dav, 61, (c) Lynches Feud. Bar. 314. and how constituted. 21 the English statutes of Westm. the ist and 2nd, Merton, Marlhridge and Gloucester were adopted, and it was enacted that there be a parliament held in each year once at the least, &c. (a) EDWARD THE THIRD. This king granted a royal liberty in the county of Tip- per ary to the earl of Ormond, {h) In the 31 Edw. III. he made the Ordinance for the Es- tate of the Land of Ireland, by which, in consequence of the disorders of the country, he directed that public matters should be discussed in councils and parliaments of the counsellors, prelates, magnates et quosdam de dis- cretioribus et probioribus hominibus de partibus vicims iibi ipsa consilia tenere contigerit, propter hoc evocan- dos (c) and, accordingly, in the 33 Edtc. III. certain of the prelates, peers and commoners were summoned to Dublin, and others to Waterford ; and other writs of a like description, it is said, subsequently went and are still extant. In the 33 Edw. HI. writs issued to the fol- lowing, to elect and return 2 citizens, &c. to meet at Dublin. The mayor, bailiffs and citizens of Dublin, Early representa- The mayor, seneschal, and bailiffs of the town of Drogheda. The mayor and bailiffs of the city of Corh, Limerick, Waterford, The sovereign and bailiffs of the town of Kilkenny^ Eo^se, The provost and bailiffs of the town of Clonmel, Wexford, The sheriff of Dublin, Kildare, Carlow, Cross Meath. (a) LynclCs Feud, Bar. 55, Lynch on {1) Dav. 61. Elect. 30. (c) suit, af the Realm, 357. 22 Of the Parliament^ The sheriff of Cross Kilkenny ^ Louthy Cross Wexfordy The seneschal of the liberty of Kilkenny y Meaihy Wexfordy The following received writs of summons to meet at Waterford the same day : The seneschal of the liberty of Tipperary y The sheriff of Cross Tipperary y " Waterfordy Limericky Cork, (a) There were also a few special summonses to the she- riffs, &c. for individuals named. The sheriffs of Kerryy Connaught and Roscommony and the seneschals of the liberties of Carlow and Ulster y do not appear here, though in the 23 Kdw, 1. There are also writs of summons extant for other par- liaments, 33 Edw, III., 46 Edw, III., 48 Edw, III., 1 Ric, II., 4 Ric, II., 17 Ric. 11. In these there is little ta note, save that in the 33 Edw, III., 4 were summon- ed from Dublin, 4 from Drogheda ex utraque parte aquef and 6 from each of the counties of DubUuy Kildare and Louthy and the liberty of Meath, In the 46 Edw, III., 2 only were directed to be summoned by election, from each place, but large numbers, by name, of those in fide et ligeancia quibus nobis tenentur. The mayor and bailiffs of DubUuy too, were directed to warn the 24 Jurates of the city, as w ell as 2 citizens, &c. In the 48 Edw, III. the knights were summoned by sepa- rate w rits to each ; and in addition to most of those be- fore mentioned, WTits w^ent to the Seneschal of the liberty, and sheriff of Cross- Ulster, Cross-Kerry, The sovereign and bailiffs of the town of YoUghaly Kinsale, («) Lynch's Fend. Bar.QOy 316. and how constituted. 23 In the 1 Hie. II., &c. there was little alteration. The mode of directing the writs was slightly varied, and the following new names appear : The provost and bailiffs of the town of Galway y Aihenry. By the statute of absentees, 28 Hen. VlII. Ir. c. 3, s. 1, the seigniory of Carlow y which was the inheritance of the duke of Norfolky and the seigniory of Wexfordy which was the inheritance of the earl of Salopy were re- sumed, with all counties palatine, and royal jurisdictions, and vested in the crown. By another act, not printed, 28 Hen. VIII. Ir. Rot. Pari. c. 24*, the royal liberty of Wexfordy extinguished by the act of absentees, was revived, (a) The royal liberty of Kildare had continuance until the attainder of Geraldy earl of Kildarey by act of parliament, 28 Hen. Vllf. Ir. c. 1, 5. 2; and when his son was re- stored by letters patent, 1, 2 Phil. & M.y although all liberties, privileges, honors, jurisdictions, conusance of pleas, &c., were regranted to him, there was an exception, magnd curia de recordo et lihertate comitatus de Kildare tantummodo exceptis. As to the palatinate of Meath y the grant of it by Hen, II. w'as, like that of Chesterh^ Will. L, by general words? which, by ancient allowance, sufficed to convey all the liberties and prerogatives of the county palatine. This w^as, to hold as Mur chard O' Melaghlin (the Irish king of Meath) had held, &c., and to have omnes lihertates et liheras consuetudines quas ibi haheOy vel illi dare possmn.^' Geffrey de Genvill married Matilda one of the copar- ceners of this territory, — had his charter enrolled (in C.P. 1 Kdw. II.), — and granted a charter to his barons to hold pleas, reserving pleas of the crown ; and the earls pala- tine of Meath exercised jura regalia there until the seigniory descended to king Edw. IV. Ulster y also, w^as a county palatine, with like preroga- tives, until it descended to king Edw. IV. (a) Dav. 64. 24 Of the Parliament^ Many gentlemen of Meath and the other royal liber- ties had the title of barons, as had been the case in the English palatinates also, (a) By the 34 Hen, VIII. Ir, c, I., the former county of Meath was divided into two shires, Meath and West^ meath; and this statute {ss, 1, 3, and 6,) makes express mention of knights of the shire, for each. By the 3, 4 Phil, & M, Ir, c, 2, the countries of Leix, Slewmarge, Offalie, Irrie and Glinmaliry, recently recovered from the Mores, O' Dempsies, and O’ Con^ nors, were made shires by the names of the Queen! s county and the King's county; and by an act (c. 3,) of the same session, and the 1 1 Eliz, Ir, sess, 3, c, 9, (d), the chancellor was empowered to aw^ard commissions for reducing into shires all the Irish countries which were not shire ground before. The latter act contains an ex- press saving of the liberties of Tipperary and of Kerry, The regalities and liberties of the county of Tipperary and Cross Tipperary, commonly called the county pala- tine (c) of Tipperary, granted and confirmed to James, duke of Ormond, by letters patent, 22d April, 14 Car, II., and therein recited to have been had, holden, used, and enjoyed by the earls of Ormond and Ossory, from of old, (which letters patent had been ratified by the statute 14, 1.5 Car, II. Ir, c, 20,) w ere, by the 2 Geo, I. Ir, c, 8., aniiulled and extinguished for ever. ^\v John Davis[d) says that this alone continued in the time of Jac, I.; all the others having been resumed or extinguished. The followdng w'ere required to return knights of the shire in the 2 Eliz,: The sheriif of Dublin, Meath, Westmeath, Louth, Cc) See 7 Will. ITT. Ir. c. 22. s. 1., ami Huds. L.and T. 190. (d) Dav. 61, 62. {a) Dav. 65, a. See Dav. 39. and how constituted. 25 The sheriff of Kildare, Carlow, Kilkenny, Waterford, Cork, Kerry, Limerick, Connaught, Clare, Tipperary, Wexford, Antrim, Armagh, Down, King’s County, Queen’s County, The same counties, except Armagh^ returned knights in the 17 Eliz,; “ Connaught, also, was omitted, and the following appeared in addition : Longford, Galway, Mayo, Roscommon, Sligo, Femes, Wicklow, Cavan, Crosie Tipperary. The names of the several cities and boroughs returning members for 500 years, — from 1300 to 1800, — have been collected from writs of parliamentary summons and parlia- " ment lists, and will be found in the table at the end of this introduction, (a) It will be seen that though there were places which uniformly and at all times returned members, yet, there were others, which, like similar places in Eng^ land, were omitted, and afterwards summoned; but, on the whole, that there was a continued extension of the represen- (a) See Lynch on Elect. 31 , and page 46 , post. 26 Of the Parliament^ Union of Great Britain and Ire- land. ■ Parliament of the United Kingdom. tation. No discontinuance or disuser was allowed to bar the rig-ht of any towns to return members, whenever such towns were in a situation to claim and resume the right. This principle was acted on in several instances, and after- wards, in affirmance of it, a resolution of a committee on the 17th Oct, 16 1^, was made a standing order of the House of Commons of Ireland, viz. : It is agreed by the committees that no cities or boroughs that have sent citi- zens or burgesses to the parliament holden the 28th year of the reign of queen Elizabeth, or in any other parlia- ment holden before that time, shall be questioned withal for their power to send citizens and burgesses.” By the articles of union, ratified by the respective par- liaments in each kingdom, and by acts passed in the year 1800, (see the 40 Geo. III. Ir. cc. 29, and 38; and the 39, 40 Geo. III. G. B. c. 67,) it was provided that 4 lords spiritual of Ireland, by rotation of sessions, and 28 lords temporal of Ireland, elected for life by the peers of Ire- land, should be the number to sit and vote on the part of Ireland in the House of Lords, and that 100 commoners should be the number to sit and vote on the part of Ire- land in the House of Commons of the parliament of the United Kingdom of Great Britain and Ireland. The number of representatives of the commons in the parliament of the United Kingdom, by these several events, amounted to — For England and Wales, 513 Scotland, 45 Ireland, 100 Total, 658 The distribution of the 100 commoners for Ireland ordained to be 64 for the 32 counties, viz., 2 for each county ; and 36 for the cities and boroughs, viz., 2 for the city of Dublin, 2 for the city of Cork, 1 for the Col-» lege of the Holy Trinity of Dublin, and, for 31 other ci- ties and boroughs named, one each. and how constituted. 9J And now, by the Irish reform act, 2, 3 Will, IV. c, 88, s, 11, A. D. 1832, it is enacted, that the city of LimericJcy the city of Waterfordy the borough of Belfasty the county of the town of Galway y and the university of Dublin shall each respectively return one member, (5 in all) to serve in each future parliament, in addition to the member which each of the said places was before entitled to return. The number of representatives of the commons in parliament, by the several reform acts, are as follows : For England and Wales by the 2, 3 Will, IV. c. 45, 500 (fl) Scotlandy by the 2, 3 Will, IV. the cities with the ground, and strew them with salt.” i On arriving at the towns, they proceeded to depose | those officers who declined to yield to them ; imprisoned them during his majesty’s pleasure ; imposed heavy pe- < cuniary penalties ; and, for payment of these fines, had their goods and chattels sold in the public streets. Other persons of known pliancy were then substituted in their places, and these willingly resigned the rights and liber- ties of their towns into the king’s hands, and took out new charters of incorporation, as in Wexford, Limerick, Drogheda, Moss, &c. In the new charters the burgesses as well as the officers were usually mentioned by name ; their number was limited,— and the whole frame prepared w'ith the object of throwing the management of the corpo- rate affairs into a few hands, and excluding the great body of inhabitants altogether or depriving them of that legi- timate share in their own government, which, under the 41 as originally constituted. original constitution of those boroughs, they had enjoyed for more than 400 hundred years. The prerogative, also, of creating new corporations and bestowing a right to return members to parliament appears to have been freely exercised. The case of the new corporation of Dungannon Caseof Dungan- 12 Jac. I.) was this : the king constituted the town of Dungannon to be a free borough, and the charter pro- ceeded ‘ et ulterius volumus, §"c., quod inhabitantes vill w 2 CO o Q < 5 ^ H ^ CS Q c ^ , o ^^ gBooS ^. SP ’ S ; 25 gAi W « H ^( o ^ S - o ^ -S St. , «>r.“o ^'CtitiSSh9^t2*^ SiM^^o tj oo’HJS'So'S^ i mill liiii sii fshi 2ll|ll>.i Sf 2 C 2 ^.2 ^ij 3 .SS 0^2 *' i 2 O ® ftt !>.' c 3»2 eSis * iUp £ H < JuQ ? oQH ^ H ^< fi 4 J^ScQUW feO ; ziri !> MPQiJ > G r^.-i S S «2 ToiJ >.‘C ^ S ^ lg ' 2 . S 2 Si 3 § l 833 G ^ G ^ S £? ^ 5 uO > 3 fS \ il’^ §'S'| 2I S-§)||22 G^ i « f.l.G|-2i} o '^'cS'g-S c 3 2 2 t 3 b^'S'5 rt’o) o c 3^'35 ^.^3 o 5 2 G'rt.SS^:^^ O GoS^ , tSOuwHu i^;5<5Q> O u G i- lls-l ilglllillll =1 tlMXi ll-iS I 2 g c I :. a ^ a ; 2 QjSj 5 ;§^^ THE LAW AND PRACTICE OF ELECTIONS IN IRELAND. CHAP, I. QUALIFICATION OF ELECTORS. GENERAL PROVISIONS OF THE REFORM ACT, 2, 3 WILL. IV. C. 88. No person shall be admitted to vote at any election of a member to serve in parliament (except for the university of Dublin ) unless qualified, as the act allows, and duly registered under this act — s, 13. And no registry here- after to be made shall be valid unless made conformably to this act — 5. 32. No person shall be so registered in respect of any lands, tenements or hereditaments, unless he shall have been in the actual possession thereof, or in receipt of the rents issues and profits thereof for his own use, as the case may require, jfhr six calendar months next previous to his registry under this act : except as to property coming by descent, succession, marriage settlement, devise or promo- tion to any benefice or office — s, 1 3. Every person, who shall duly register as a voter within this act at the first session for registering, shall be there- upon entitled to vote at any election; and any person who shall, at any time after, duly register his vote, shall be entitled to vote at any election to be held by vir- tue of any writ tested six calendar months at least after such registry — s» 29. Registry under the 2, 3 Will. IV. in. dispensable. Possession prior to registry. First registry se'o- sion. Subsequent regis. try. 48 THE ELECTIVE FRANCHISE. Registry every eight years. Former laws. No person shall be admitted to vote at any election, by virtue of any registry under this act, unless he shall have registered within eight years next before such election — 5. 31. All laws, statutes, and usages now in force respecting elections of members to serve in parliament, shall, save so far as they are repealed or altered by this act, remain, and they are hereby re-enacted and declared to be in full force — s, 55. All elections for any member to serve in the present parliament, shall be held and made as if this act had not been passed — s. 55. If a dissolution of the present parliament shall take place before the termination of the special sessions for any county, &c. to be first holden under the provisions of this act, such persons only shall be entitled to vote at the election of members to serve in a new parliament, as would have been entitled to register their votes under this act, if the day of such election had been the day for such registry, and such persons shall be entitled to vote in such election although they may not be registered according to the provision of this act — s. 56. FOR COUNTIES. 49 QUALIFICATIONS OF ELECTORS IN SHIRES, OR COUNTIES AT LARGE. By the 1st and 2d sections, the> elective franchise is Former franchiseg preserved by the conferred on various classes of persons “ in addition to reform act. the persons now by law qualified to vote at the election of knights of the shire for the several counties in ire- landf"* and, by the 3d section, nothing in this act con- tained shall take ?iW2iY^ or in any manner affect the rights of voting for knights of the shire at present enjoyed by, or which may hereafter accrue to any person by virtue of any law now in force, except so far as herein specially provided, . The old Franchises in Counties at large. The first statute respecting electors was the 1 Hen, V. Residence. Eng, ^ Ir, c, 1, which required that the knights and esquires, and others which shall be choosers of knights of the shires, shall be resident within those shires the day of the date of the w^it of summons to the parlia- ment. (a) The first statutes imposing qualifications upon electors in respect of the value of their estates were the 8 Hen, VI. Eng, ^ Ir, c, 7, and 10 Hen, VI. Eng, ^ Ir, c, 2, which direct that the knights of the shires shall be chosen, hy people dwelling and resiant in the same counties^ whereof every man shall have freehold to the value of 405. hy the year, at the least, above all charges, within the same county, (h) The above statutes of Hen, VI. became in force in Ireland by the 10 Hen, VII. Ir, c, 22 ; and the 33 Hen, VIII. Ir, sess, 2,c, 1. directed, that the knights, &c. should be chosen and elected by the greater number of the zwAa- bitants of the said counties, &c. being present at the said election, and it required every elector of said knights to ' dispend and have lands and tenements of estate of free- (d) App, pp, 8, 9, Nos, 12, 13. (o) App,p, 6, No, 10. F 50 THE ELECTIVE FRANCHISE The lOZ. freehold franchise. Occupancy. Kcnt.charge. hold within the said countiesy at the least to the yearly value of 4i0s, over and above all charges. This 405. freehold qualification subsisted in the coun- ties of Ireland up to the year 1795, under terms imposed by various acts of parliament which are recited in and re- pealed by the 35 Geo, III. Ir, c, 29, and, under that act, with some modifications attached thereby and by subse- quent acts, until the 10 Geo, IV. c, 8 , by which that part of the 33 Hen, VIII. which relates to the amount or value of the freehold necessary to qualify persons to be electors of knights of the shire is repealed, Nothing is said directly of the statutes of Hen, VI. nor are the provisions making residence a necessary qualifica- tion for electors expressly abrogated. But it is enacted (10 Geo, IV. c, 8. s, 2,) that no per- son shall be admitted to vote at any election of a knight of the shire, unless such person shall have an estate of freehold^ in lands, tenements, or hereditaments, in such county, of the clear yearly value of ten pounds^ at the least, over and above all charges^ except only public or parliamentary taxes, county, church, or parish cesses or rates, and cesses on any townland or division of any pa- rish or barony. Such was the franchise in the enacting clause, but by the oath imposed, ( Sched, VI.) several qualifications were superadded, some having reference to previous acts of parliament: thus — By the 35 Geo, III. Ir, c, 29. s, 30, it was provided that no person should be admitted to vote by virtue of a free- hold under the yearly value of twenty pounds y unless such freehold was in his actual occupation either by his resid- ing thereon, or tilling or grazing the same, &c. This w as continued by a negative clause in the freeholder’s oath in Sched, VI. to the 10 Geo, IV. Again, the 35 Geo, III. s, 25, enacted, that no person should be admitted to vote by virtue of any freehold aris- ing from a rent-chargey unless such rent-charge w^ere of the full clear yearly value of twenty pounds at the least, &c. This exclusion, also, w^as continued by a negative FOR COUNTIES. 51 clause in the 10/. freeholder’s oath in Sched, VI. to the 10 Geo, IV. These (and some other provisions respecting the mode The 20^ franchise, of registration, &c.) constituted the distinctions between the twenty pounds and the inferior freehold franchise, viz. (principally,) 1. that actual occupancy was not essen- tial ; 2. that it might arise out of a rent-charge. Other provisions, giving the privileges of registration at The 50/. freehold the superior courts in Dublin or at the assizes, &c. were made, where the freehold was of the clear yearly value of fifty poundsy 35 Geo, III. Ir, c, 29, ss, 36, 37 ; 37 Geo, III. Ir, c, 47, 1, 2 ; 10 Geo. IV. c. 8, s, 25 ; and hence the 591. freehold franchise came to he viewed separately. By the 35 Geo, III. Ir, s, 40, it was provided, that no Ecclesiastical free- rector, vicar or curate, should be obliged to register his freehold arising from his rectory, vicarage, curacy or other ecclesiastical preferment. Hence a distinction as to ecclesiastical freeholds. These 4 classes, then, 1. The 10/, freeholders, 2. The 20/. freeholders, 3. The 50/. freeholders, 4. The ecclesiastical freeholders, were the subsisting classes of electors at the time of the passing of the reform act. We shall next, having pre- mised so much, briefly, as to the previous history of the constituency, proceed to analyze the new and enlarged franchises now conferred ; and afterwards, we shall revert to the consideration of the previous enactments either as restricting the franchise, or supplying classes of voters which the new law has not specified, and has left un- touched. The New Franchises for Counties at large. By the 2, 3 Will, IV. c, 88. s, 1.] “ Every male per- Terms of 60 years, son of full age, and not subject to any legal incapacity, who shall be entitled, either as lessee or assignee, to any estate, (of freehold, or of any other tenure whatever,) for the unexpired residue, whatever it may be, of any term &2 THE ELECTIVE FRANCHISE originally created for a period of not less than sixtyyears^ ivhether determinable on a life or lives or not, and having a benehcial interest therein of the clear yearly value of not less than ten pounds^ over and above all rent and charges, Terms of H years. « for the unexpired residue vrhatever it may be, of any term originally created for a period of not less than fourteen years, whether determinable on a life or lives or not, and having a beneficial interest therein of the clear yearly value of not less than twenty pounds over and above | all rent and charges, Terms of 20 years. “ Or, for the unexpired residue, whatever it may be, of any term originally created for a period of not less than twenty years, and having a beneficial interest therein of ‘ the clear yearly value of not less than ten pounds over ; and above all rent and charges, “ Shall be entitled to vote in the election of a knight or . knights of the shire for the county in which such lands or - tenements shall respectively be situate ; provided always, that no person being such lessee or assignee of such term of twenty years, and no person being only a sub-lessee or the assignee of any underlease, shall have a right to vote : in respect of any such term of sixty years, or fourteen i years, or twenty years, as aforesaid, unless he shall be in \ actual occupation of the premises \ The same section adds, that “ any renewal or new lease \ of the same premises, for the same rent, and for a term not less than such original term, shall, for the purposes of this act, be deemed to be a continuation of the same qua- lification as aforesaid.” Copyholds. By the 2d section, copyholders for life or any larger estate, of the clear yearly value of te7i pounds are in like manner entitled to vote. Charges. By s, 10, no public or parliamentary tax, county, church, or parish cess or rate, or any cess or rate upon any townland, or division of any parish, barony, or half barony, shall be deemed a charge payable out of any estate or tenement within the meaning of this act.” Trusts and mort. By s, 47, no person is allow ed to vote as trustee or gages. FOR COUNTIES. 53 mortgagee^ unless in actual receipt of the rents and profits ; but the cestui-que^trust or mortgagor^ in posses- sion, may register and vote, notwithstanding such trust or mortgage. By 5 . 64i, every person entitled to two or more freehold Several freeholds. estates or interestSy the annual value whereof shall in the aggregate amount to ^10, may register and vote as if said separate freeholds were one freehold, although no one of such freehold estates may be of such annual value of £10. And by s, 4, no person shall be entitled to vote in the Hpuse and pre- •i ^ ^ ^ ^ mises occupied in a election of knights of the shire in respect of his estate or mterestinmj house, warehousey counting-house yOv shop{a)y occupied by himself, or any land occupied by himself to- gether with any house, warehouse, counting or shop, such house, &c. being of such value as would, according to the provisions of the act, confer on him the right of voting for any city, town, or borough, whether he shall or shall not have actually acquired the right to vote for such city, town, or borough, in respect thereof. This clause was directed against double votes, that is, Double votes, against permitting the same party to vote for a county, and also for a city, town, or borough, in respect of the same property ; but it will be observed that it only ap- plies where the premises, (situate within a county at large, and also comprised within the limits of a city, town, or borough, as settled by the boundary act 2, 3 Will, IV c, 89,) consist of a house, &c. occupied by the claimant ; and therefore if the property, so situate, consist of land merely, or if the interest, though in a house, &c., be not that of the occupant, the party’s original right as an elec- tor of the county at large remains unalFected by the terms of this clause ; and he will also be entitled to his fran- chise for the place (city, town, or borough,) where pro- perty, such as he holds, will bestow the franchise. This will be found to apply to the city of Dublin, as to those parts of the county at large which lie within the CircU’- F 3 (rt) See sections 5 and 1, 54 , THE ELECTIVE FRANCHISE lar^road; and to those boroughs, as Dungarvon, and Mal- low, where the freeholders possess the franchise. Clergymen shall not vote (s. 63,) unless registered as freeholders, under this act; but they and £50 freeholders may register {s, 46,) in the manner hereinafter men- tioned. Taking all the above clauses together, and the forms of oaths in the Schedule C, Nos* 4 to 7 with them, and recurring also, to the pre-existing franchises, the follow- ing enumeration of the different rights of voting may be made, classing them under the different annual values which confer the franchise. I. The Ten Pound Franchises, The 10/. occupa- Jifo. 1. The £10 freehold franchise, 10 Geo. IV. c. 8. tion freehold fran- mi • • i i • n • i • • /» * chise of land. s, 2. This includes estates in fee-simple, in fee- tail, for ' life or lives, and other like interests. The sum is of the ^ currency of the United Kingdom. The annual value ? must be above aU rent and charges, except taxes; 2, 3 ■ Will, IV. c, 88, Sched, C, No, 6, and s, 10. The free- hold must arise from a house, houses, or land, and not from a rent-charge; Sched, C, No, 6; 10 Geo, IV. c, 8, Sched. VI, and s. 30; 35 Geo. III. Ir. c, 29, s. 25. i Also, by the same schedules, and the 35 Geo, III. j s. 30, the party must be in actual occupation, by re- \ siding thereon, or by tilling or by grazing, or by both tilling and grazing. And by the same schedules, and the 35 Geo, III. s. 26, the freehold must not be let or agreed to be let to the persons who executed the deed or instrument, or to the heirs or assigns of such person or persons, or to any one in trust for him, her or them, nor intended so to be. Nor, must the party have agreed to let it for the term for which he holds it. Nor, by the same schedules, and the 35 Geo. III. s, 28, can he re- gister if he have procured the freehold fraudulently, or in exchange for a freehold in any other county, city, or town. It is of no consequence whether such freeholder be the original lessee, or an underlessee, or the assignee of either; and the value may be made up of several free- holds ; 2, 3 Will, IV. c. 88, 5. 64. FOR COUNTIES. 55 The form of the 10/. freeholder’s oath in Scliecl Vl^of the 10 Geo, IV. c, 8, contained the following clause at mon. the end, “ and that T do not hold my said freehold by virtue of any lease, deed or other instrument, executed or made after the 1st of July, 1823, to any person or persons yo/w//y, in common, or in partnership.” But the form in the 2, 3 Will, IV. c, 88, Sched, C, No, 6, con- tains no such clause. And hence arises the question, whether the franchise is any longer subject to such a provision. By the 4 Geo, IV. c, 36, (27th June, 1823,) it was enacted (s, 1,) that it should not be lawful to re- gister freehold under the yearly value of twenty pounds held by virtue of any lease, deed, or other in- strument, given or executed to any person or persons jointly, in common, or in partnership, after the 1st day of July then next, or to vote for a member or members to serve in parliament for any place in Ireland by virtue of any such freehold; and (by 5. 2.) it was directed that every person offering to register such freehold, should add to the oath, &c. the following words : ‘‘ And that I do not hold my said freehold by virtue of any lease, deed, or other instrument, executed after the 1st day of July, 1823, given or executed to any person or persons jointly, in common, or in partnership;” — a form which the 10 Geo. IV. adopts, nearly verbatim, but which the 2, 3 Will, IV. omits altogether. And the question, then, is, whether that clause of the 2nd section of the 4 Geo. IV. be not, thus, suspended and virtually repealed, and, if so, whether the 1st section can be held to remain in force ? The 2nd section contains a proviso that the act shall not extend to persons registering such freeholds under a lease or leases for lives renewable for ever pursuant to the 1 Geo. IV. c. 11; and the 3rd section imposes the penalties of perjury on persons swearing falsely in the addition to the oath. There are two facts connected with the argument of this point, which deserve particular attention. The one is, that the 4 Geo, IV. c. 55, (8th July, 56 THE ELECTIVE FRANCHISE 1823,) which received the royal assent eleven days after c, 36, contains forms for the oaths of freeholders, in coun- ties of cities and towns, without any such clause against joint-tenancy, or tenancy in common, Mr. Reeves^ (o) observing that the subsequent act takes no notice of the other, adds, “ but as all the acts of one session are sup- posed to be passed on the same day, and as the 4 Geo, IV. c. 55 contains nothing inconsistent with the provisions of this act, it is submitted that this act extends to coun- ties of cities, and counties of towns.” But the common law fictions, that a statute takes effect from the first day of the session, (d) and that the session is all one day in law, were intended to be put an end to by the 35 Geo, III. G. B, c, 13, and 35 Geo, III. Ir, c, 12, which require the day of the royal assent given to be affixed, make it part of the act, and enact that, unless otherwise provided, such date shall be its commencement ; and, besides, if the latter part even of the same statute be repugnant to the former, it shall stand, and, so far as it is repugnant, be a repeal of the former part, (c) The question, therefore, must rest, simply, upon the incon- sistency of the two provisions ; and the recital of the 4 Geo, IV. c, 86, that ‘‘ the practice of granting leases to persons, jointly, in common, or in partnership, still pre- vails in some parts of Ir eland f ought to be attended to as indicating, that the legislature may not have intended a law of universal application. The other fact I alluded to is, that the 10 Geo. IV. c, 8, Sched, IV. and Sched, VI. imposed this additional clause in the oath upon all freeholders in counties at large, registering freeholds not arising from a rent-charge, and upon this Mr. Robinson writes (c), “ it has been de- cided upon this clause in the oath, considering it as a virtual repeal of the proviso in the 4 Geo, IV. c, 36, saving the rights of joint-tenants by lease of lives renew- able for ever to register, that two or more tenants hold- (fl) Reeves on Elect. 32, note 45. Bac. Abr, Stat, (C.) (c) Fitxg. 195. (c) Robins, on Reg. 44, note (52.) FOR COUNTIES. 57 ing* under a renewal of a lease of lives renewable ex- ecuted since 1st July, 1823, cannot be admitted to regis- ter. There is a similar clause in the oath of the 50/. or 20/. freeholder, which prevents him from registering under similar circumstances though no enactments, simi- lar to 4 Geo^ IV. c. 36, existed as to them previous to 10 Geo, IV. c. 8. Persons, however, have been permitted to register as cestui-que-trusts, where the renewal under which they held their common interest, was granted to a trustee for them, though executed since July, 1 823. — Armagh, June, 1829.” Now, if it was rightly held, that the introduction of the clause in the oath, took away the benefit of the saving clause in the 4 Geo, IV. c, 36, from tenants for lives re- newable for ever, will it not follow that the general omission of the clause in the 2, 3 Will, IV. must have the effect of restoring the franchise, and that as well to those who were deprived of it by the 10 Geo, IV. as to those disfranchised by the 4 Geo, IV. c, 36 ? There seems to be no ground whatever for contending that tenants for terms of years, or any save freeholders under the value of 20/. a-year, who do not hold for lives renewable for ever, are now subject to the provisions of the 4 Geo, IV. c, 36. No. 2. — The 10/. franchise of a term not less than 20 Theio/. occupation . n 1 franchise of a term years. The sum is of the currency of the United King- of ;20 years. [And 111 11 11 see No. 3 , as to a oom ; the value must be above all rent and charges ex- term of 6o years, , determinable upon cept taxes. It must not arise from a rent-charge ; 2, 3 « Ufe or lives, in a Will, IV. 88, Sched, C, No, 7, The party must not nee’lffmf under- ^ have accepted or procured the leasehold fraudulently ; or ill exchange for any freehold or leasehold in any other county, city, or town ; Ibid, The land may be either of freehold or of copyhold tenure ; whether the claimant be the original lessee or an underlessee, or the assignee of either, he must be in actual occupation. — s, 1. It is not material that a part only of the term, less than 20 years, remains unexpired ; it is enough if the term was originally created for a period not less than 20 years. the elective franchise No, 3. The 10/. franchise of a term not less than 60 a term of 60 years, years in the lessee or assignee of the original lease. The currency is of the united kingdom. The value must be above all rent and charges, except taxes. It must not arise from a rent-charge, Sched, C. No, 7. The party must not have accepted or procured the leasehold frau- dulently or in exchange for any freehold or leasehold in any other county, city or town ; Ibid, The land may be either of freehold or copyhold tenure. It is immate- rial whether the years be determinable on a life or lives, or not; s, 1. And actual occupation is not necessary. Ibia, A sub-lessee, or the assignee of any underlease for any term has no right to vote in respect thereof, unless he be in the actual occupation of the premises, s, 1, and ' such party, though his lease be over 60 years, may yet ^ be classed under No. 2. It is enough if the term origi- 5 Daily created was not less than 60 years, whatever part remains. ’ The wi. copyhold No. 4. The 10/. copyhold franchise for life or lives. ! franchise for life ’ or in fee. or any greater estate. The value to be above all rents , and charges, except taxes. There is no form of oath in ’ the schedule expressly applicable to this case, and it may ^ be questioned, whether any further qualitication is im- i posed than is contained in s, 2, coupled with the general I provisions of the act ? ; 'i II. The Twenty Pound Franchises, pation freehold No. 5. The 20/. freehold franchise arising from land^ franchise of lands, Sgc, (and not arising from a rent-charge. ) The sum is of the former currency of Ireland, The value must be above all rent and charges, except taxes. The freehold must not have been accepted or procured fraudulently ; or in exchange for any freehold in any other county, city, town or borough, 2, 3 Will. IV. c, 88, Sched, C, No, 4, 35 Geo. III. c. 29, s, 28. Actual occupation is not ne- cessary ; 35 Geo. III. c. 29, s. 30; nor is it material whe- ther the party is the original lessee, or an underlessee, or the assignee of either. FOR COUNTIES. 59 No. 6. The 20/. freehold franchise, arising from rent Them freehold charge. The sum is or the lormer currency or Ireland, charge. The value must be “ above all charges payable out of the same;” the party must be in the possession thereof to the clear amount of ^B20 yearly, and entitled to receive the same as it becomes due, to and for his own sole use and benefit ; and he must not have procured or accepted it fraudulently ; or in exchange for a freehold in any other county, city, or town, 2, 3 Will, IV. c. 88, Sched, C. No, 5 ; 35 Geo. Ir, c, 29, ss, 25, 28. No. 7. The 20/. franchise of a term not less than 14 The m occupa- tion franchise ot a years. The sum is of the currency of the united king- term of H years, dom. The value must be above all rent and charges, ex- cept taxes. It must not arise from a rent-charge ; Sched. C. No. 7. The party must not have accepted or pro- cured the leasehold fraudulently, or in exchange for any freehold or leasehold in any other county, city, or town ; Ibid. It is immaterial whether the years be determinable on a life or lives, or not, s. 1 ; and the party, being a sub- lessee, or the assignee of any underlease, must be in actual occupation, s. 1. It is enough if the term originally created was not less than 14 years, whatever part remains. No. 8. The^G20 franchise of a term not less than 14 Theso/. non-occu. . . pation franchise of years, in the lessee or assignee of the original lease. The a term of 14 years, sum is of the currency of the united kingdom. The value must be above all rent and charges, except taxes. It must not arise from a rent- charge ; Sched. C. No. 7. The party must not have accepted or procured the lease- hold fraudulently, or in exchange for any freehold or leasehold in any other county, city, or town. Ibid. It is immaterial whether the years be determinable on a life or lives, or not : s. 1. And actual occupation is not necessary : Ibid. Any part of the term remaining is suf- i ficient. A sub-lessee, or the assignee of any underlease, for any term of years, has no right to vote in respect thereof^ un- less he be in actual occupation of the premises; s. 1.. 60 THE ELECTIVE FRANCHISE The parties claiming in any of the foregoing rights can register only at the first special sessions, or at the general quarterly sessions as directed by the reform act. III. The Fifty Pound Franchises. The 50/ non-occu- franchise arising from land, toifchte oftods, S'C. (and not arising from a rent charge). eScC. The 50/. freehold franchise of rent charge. No. 10. The 50/. freehold franchise arising from rent charge. The sum is of the late currency of Ireland, and, with the difference in amount only, these franchises are the . same as the 20/. freehold franchises {Nos. 5, and 6) above mentioned, except that a distinction is made in favour of i the superior qualification in the particulars of registry, j viz. that the claimants may register freeholds of this va- lue upon oaths made in the superior courts of record in t Dublin, or before a judge at the assizes; s. 46; 35 Geo. | III. Ir. c. 29, 55. 36, 37 ; 10 Geo. IV. c. 8, s. 25. IV. The Ecclesiastical Franchise. The ecclesiastical No. 11. Clergymen must now register their freeholds, t freehold franchise. must register as freeholders under this act, 2, 3 j Will. IV. c. 88, 5. 63. It seems open to them to register | in counties as 20/. freeholders, as in No. 5, and they are * allowed to register in any of the modes permitted to the 1 50/. freeholders ; 5. 46. ' If residence in their parishes, could be considered as a residing on their freeholds, they might, possibly, register as 10/. freeholders. The privilege given to £50 freeholders and clergymen, by 5 . 46, to register their freeholds by taking the oath in the superior courts or at the assizes, and to receive their certificates thereupon at the quarter sessions, is subject to this question, viz. whether such freeholder does not thereby become entitled to vote immediately, or must await the expiration of a period of six calendar months ? « The 29th section states that every person registering at ■ the first session shall be thereupon forthwith entitled FOR COUNTIES. 61 to vote; and that person who shall at any time after such first session duly register his vote according to the provisions of this act shall be entitled to vote at any elec- tion to be held by virtue of any writ tested six calendar months at least after such registry. The 46th section declares, that the certificate obtained by the <£50 free- holder or clergyman, upon his oath taken in the superior courts or at the assizes, shall be of equal validity with any certificate to be granted under this act, and subject to the same provisions. These last words seem to control those immediately preceding, and, if so, such freeholders, are like all others subject to the restriction of s. 29. Indeed there seems no reason for giving a freeholder, making oath in this extraordinary way before a superior court or judge of assize, any advantage beyond what he should have if re- gistered in the usual form. And there is an evident policy in the act to have a simple registry and uniform rules. Besides, the older acts all required a period to elapse before the registered freeholder w^as entitled to vote ; 35 Geo. HI. Ir. c. 29, 55. 31, 36, 37, 39; 37 Geo. III. Ir. c. 47, 55. 2, 4; 4 Geo. IV. c. 55, 55. 22, 23, &c. The 10 Geo. IV. c. 8 , 55. 24, 25, contained clauses very similar to the above sections, 29 and 46, of the reform act, and upon those Mr. llohinson observes («), that, though there is no direct negative enactment, that such freeholders shall not be entitled to vote unless, &c., the affirmative words clearly imply that they shall not be otherwise en- titled ; and where, affirmative words imply a negative, they shall so operate (5) ; and he draws in the subsisting ne- gative enactment of the 35 Geo. III. Ir. c. 29, 5. 31, as enforcing this construction. And a question having been raised, whether, where the oath is so made in a superior court or at the assizes, the six months should not be con- sidered as commencing from that date, he answers, that, as the affidavit is, of itself, totally inoperative for the Robins, on Reg.^ 95, Note. (6) 1 Plow. 113. G 62 THE ELECTIVE FRANCHISE Freehold. purpose of conferring a qualification to vote, and can only do so when produced at the sessions, it is plain that its entry there, with the requisite formalities, consti- tutes the registry, from the date of which the computa- tion must be made. In the same manner these classes of electors are de- prived by the reform act, ss, 31 and 63, of certain exclusive privileges they before enjoyed (35 Geo, III. Ir, c, 29, ss, 37, 40 ; 4 Geo, IV. ss, 23, 29,) of not being obliged to have registered within 8 years before the election, &c. We now proceed to the consideration of the details of the franchises, and, in the first instance, of that franchise which existed in counties at large previously to the pass- ing of the reform act, and which, as we have seen, is pre- served by it, namely. THE FREEHOLD FRANCHISE. Of the ^Freehold Interest which Qualifies a Person to Register, ‘ Every one,’ says Littleton (a), ‘ which hath an estate in any lands or tenements for the term of his own or ano- ther man’s life, is called tenant of freehold, and none other of a lesser estate can have a freehold ; but they of a greater estate have a freehold, for he in fee-simple hath a freehold ; and tenant in tail hath a freehold.’ Fee-simple — is an estate to a man and his heirs for ever. (5) Qualified-fee — is an estate to a man and his heirs, with a qualification annexed ; as, to A, and his heirs, tenants of the manor of D., — to A. and his heirs, kings of Scot- land ^ — to A. and his heirs, as long as B, has heirs of his body, — to A. and his heirs until certain debts be paid. In all these and like cases, the estate ceases when the qualification upon which it is limited is determined ; but. (a) Util. s. 57. (6) Void, s. I. FOR COUNTIES. 63 until that is at an end, the proprietor has the same rights over his estate as if he were tenant in fee-simple, (a) Fee-tail, — an estate to a man and certain of his heirs designated in the grant (Z>): — in tail general^ — as to A. and the heirs of his body ; — in tail special^ — as to A. and the heirs of his body on M, his present wife begot- ten ; — in tail male or female (general or special) ; as, if the heirs (in either of the above cases) be designated ‘ heirs male of the body,’ or ‘ heirs female of the body’ (c). Estate tail after possibility of issue extinct, — as when tenements are given to a man and his wife and the heirs of their bodies, and one dies without such issue (c?). Estate for life, — whether for a man’s own life, or the life of another, — or for the lives of several and the sur- vivor of them, or for the joint lives of two or any num- ber of persons, {e) So ffj if a man grant an estate to a woman dum sola fulty — or durante viduitatey — or quamdiu se bene gesserity — or to a man and a woman during the coverture, — or as long as the grantee dwell in such a house, — or so long as he pay £ 1 0, &c. — or until the grantee be promoted to a benefice, — or for any like uncertain time, — in all these cases, if it be of lands or tenements, the lessee hath in judgment of law an estate for life determinable, &c.; and if it be of rentSy advowsons, or any other thing that lies in grant, he hath a like estate for life, &c. If a man make a lease of a manor, that at the time of the lease made is worth 20/. per annumy to another until 100/. be paid, in this case, because the annual profits of the manor are un- certain, he hath an estate for life, &c. determinable upon the levying of the 100/. But if a man grant a rent of 20/. per annum until 100/. be paid, there he hath an estate for 5 years, for there it is certain. But if a man by his will devise his lands to his executors for payment of debts and until his debts be paid ; in this case the executors («) 1 Cruis. Big. 79. (e) Downtoriy 1 Peckw. 311 ; Oak- (6) Co, Littl. 19G, hamptoriy Ibid. 360. (c) 1 Cruis. Dig. 8.5, 86. (fj Co. Littl. 42. a. () This must be wrong : for it is the prescriptive right, and not that by deed, which would have given the franchise. 4. Ways— The right of way is a mere easement, which can only be considered as rendering the premises to which it is attached, possibly, more valuable. Water-courses, (not mentioned by Blacltstone!) and other similar ease- ments may probably be viewed in tlie same light. 5. Offices — Persons holding offices (c) in fee, or for life, whether they concern land or not, may be said to have a freehold therein : but the elective franchise does not necessarily follow. At the end of the 17th and early in the 18th century, the general right seems to have been insisted on, and, after the 18 Geo, II., to have been exer- («) Bla. Comm. 39, 40. (r) See Humphryes v. Paget, 1 (/j) Robins, on Reg, 22, Kebl. G89. FOR COUNTIES. 71 cised where the officer was assessed to the land tax. (a) But the committee which sat upon the election {or Middle- sex , in 1804, after a long discussion and much argument, laid do’wn the general principle, that the holder of an office for life, not having a freehold interest in house or land in right of his office, had no right to vote.” This rule, adopted on the common law principle of tenures, &c. has since been universally acted upon. Thus the clerk of the peace was held a bad vote though he was assessed for his office, and held a chamber for his residence in the sessions house. (Z>) So the vote of a master in chancery was rejected (c); and the vote of one of the 60 clerks of the court of chancery, though a seat was attached to his office ; for all his emo- luments arose from fees paid by his employers, (d) So the sub-register of the court, who had a house attached, but only for the business of his office, (e) A clerk of the petty-bag office had let a building, adjacent to his of- fice, formerly used as part of it, for 24 guineas per an- num ; but it was agreed that this was a perversion of the purpose for which the building was allotted, which was the accommodation of the public, not the emolument of the officer, and his vote was rejected. (/) An organist of a parish in Middlesex^ appointed, by minutes of vestry, for life, had an annuity secured upon lands in Surrey ; it was contended that the office, exer- cised in Middlesex, gave the right to vote, but the com- mittee determined the vote to be had. (^) A sexton proved his election by the proceedings at vestry, but it does not appear he had been elected for life, and the committee rejected the vote. (7^) And see the cases on this point before cited. (J) A parish clerk, it appeared, was appointed by the par- son, generally ; the bishops of the diocese confirmed the appointment by license, “during our pleasure and no (a) Heyw. Co. Elect. 66. (f) Ibid. 100. (M 2 Feckw. 92. (g) Ibid. 91. (c) Ibid. 93. (A) Ibid. 91. (d) Ibid. 99. (i) Ante,p, 67. (€) Ibid. 100. 72 THE ELECTIVE FRANCHISE longer.’* It was argued that the license was not neces- sary (a) ; that a general appointment is for life ; that a mandamus has been granted to restore a parish clerk (h) and ‘‘ at common law a parish-clerk is for life, without deed.” (c) The Committee decided that the vote was good, {d) The following were among the votes struck off: King’s coroner & attorney. High Bailiff of Westminster, K. B. Official of the Archdeaconry, Clerk in Court K.B. Steward of the Dean and Clerk of the Treasury, K.B. Chapter, Register of Fines, Lay Vicar, Abbey Brewer and Butler, Bell-ringer to the Abbey, ^ Gardener, Receiver, Cook and Organ-blower, » Chorister, | Alms-man, Abbey Sacrist, {e) All ecclesiastical benefices are clearly such offices as : give a right to vote, such as rectories, vicarages, and per- | petual curacies. { The rectory of the church of St Andrew, Dublin, be- ^ longed to the precentor of the cathedral of St. Patrick's^ ] and by the 17, 18 Car. II. Ir. c. 7, (which provided for the ministers and incumbents having actual cure of souls in each parish in the city and suburbs of Dublin, and the liberties thereunto adjoining, and in other cities and towns corporate, an annual charge on each house to be received by the churchwardens, and paid by them to the incum- bents,) it was enacted (5. 3), that the church of the parish : of St. Andrew (to which a tract of ground was added) Secondary in K.B. Cursitor, Filacer, Attorney of the Pipe, Usher in C.P. and Exch. Sealer in Chancery, Deputy Chirographer, Clerk of King’s silver. King’s Remembrancer, Clerk of the Juries, (fl) Peake v. Bourne, 2 Stra. 942^ (6) See Rex IVanen, Cowp. 371. Burns. Eccl. Law, tit. Parish Clerk. Rex V. Gaskin, 8 Durnf.l^ E. 209 ; 1 P. Will. 29; 2 Gibs. Cod. 198 Canon, 337. (c) ‘Rex V. Gatton, 2 Salk. 536. Reg. V. Walls 11 Mod.^^l. 1 Id) 2 Peckw. 92, and ibid 88. ? (tO Ihid. 101, 102. FOR COUNTIES. 73 should be presenlative as a vicarage by the archbishop of Dublm, and other officers named, and (by s, 6,) the precentor of St. Patrick’s, Dublin, and his successors, “ shall be rector or rectors of the said parish,” and have the yearly sum of lOf. appropriated to them to be paid by the vicar or incumbent; upon this the vicar’s vote was objected to, and it was contended (a), that he had no freehold, the freehold being vested in the rector; but the vote was allowed. The whole argument against the vote was grounded on an evident fallacy, for the freehold in the rector does not exclude that in the vicar, who has an independent free- hold in his office. See the 6 Ami, In c. 2 1 , as to the vicarage of St, Marlas, the curacies of St, Nicholas-without-the Walls, and St, Luke^s, and the vicarages of St, Katherine" s and St, Jameses, Dissenting Ministers, we have seen {b), do not enjoy the franchise, even by reason of lands enjoyed by them in virtue of their appointments, and the authorities to that point prove, a fortiori, that their offices do not con- fer the right, 6. Dignities.— These bear a near relation to offices; but cannot confer the elective right. 7. Franchises. — The definition is, a royal privileo-e, or branch of the king’s prerogative, subsisting in a sub- ject. (c) The kinds of them are various and almost in- finite. The rule, as to the elective right, may be pre- sumed to be similar to that respecting offices. Free-warren is a franchise, and, according to Dalton, Frce-wairen. will give the right, (d^ It consists in the exclusive right reserved of killing beasts and fowls of warren : {a) AbbotVs Questjom on the Elec- fp) Ante p. 67 lions for ths City of DitbUn, in 1831, (c) 2 Bla. Comm 37 P’ id) Ante p. 69. ' * 74i THE ELECTIVE FRANCHISE beasts, ^ — as hares, conies, roes; fowls, — compestresy as par- tridges, rails, and quails, [but not grouse («) ;] sylvestres^ as wookcocks, pheasants ; aquatileSy as mallards, he- rons. (b) Fisheries. Tree-fishery — an exclusive right of fishing in a public river. A several fishery y is an exclusive right of fishery in a river not navigable. It differs obviously both from/ree fishery y and common of fishery y and is an incorporeal tene- ment not falling within any of Blackstone^s subdivisions. He says, indeed, that “ he that has a several fishery must also be the owner of the soil.” (c) But this seems clearly to be a mistake, (d) It appears by the minutes of the Roscommon election committee, A. D. 1777, that several persons voted in right of eel-weirs in the Shannony and Lord Clare, then at the bar, employed against the candidate for whom they voted, did not question the right, (e) ;|’oiis. To have a fair or market ; with the right of taking tolly either there or at any other public places, as at bridges, wharfs, [ferries,] and the like ; which tolls must have a reasonable cause of commencement, (as, in consi- deration of repairs or the like,) else the franchise is illegal and void.”(/) T. F. A. voted in Middlesex as a freeholder for shares of a bridge, the tolls of which were collected in Middlesex. The bridge was built under an act, 12 Geo. I. c. 36. The vote was objected to, because, by s. 32, actions respecting the bridge, &c. were directed to be brought in Suriy. The committee allowed the vote, {g) Duties in a market, are — toll, which is a reasonable sum payable to the lord of the market for things sold there which are tollable (A) ; stallage, for the liberty of having stalls ; picage, for liberty to pick holes for posts for the stalls. ( 2 ) Toll turn may be payable for cattle or goods (a) Duke of Devonshire v. Lodge^ 7 Barn. Sf C. 36. (b) Co. Littl. 233, a. (d 2 Bla. Comm. 39. (rf) Co. Littl. 122, a, ^ Hargr. note 7, Ibid, (e) Gijf. on Elect. 51. (/) 2 Bla. Com. 38. (g) 2 Peckw. 105 \h) Hargr. Co. Littl. 122, a note (b). (*) Com. Dig. Market, F. 1, {k) Ibid. F.2. FOR COUNTIES. 75 in their return from a fair or market {a) ; toll thorough^ a sum for a passag’e through a highway, over a ferry, bridge, &c., or for goods which pass by a port in a river, &c. (jj) Toll traverse is a sum for a passage over the private soil of another, (c) There are many other exclusive rights, such as of se- veral pasture, mines, quarries, turbaries, wood-sales, &c. which, although of an incorporeal nature, and not included in Blackstone^s enumeration, will yet confer the franchise, {d) But as such freeholds do not admit of occupation by residence, tilling, or grazing, they will not now qualify to vote unless of the value of 20/., &c. (e) 8, 9, 10. Corodies or pensions, — annuities — and rents are the remaining species of incorporeal hereditaments enumerated hy Blackstone ; — of which, corodies are charg- ed upon the person of the owner of some inheritance in respect of his estate therein ; and annuities are properly so called when they are chargeable only on the person of the grantor. These, therefore, do not confer any fran- chise. Rents are divided into three kinds. Rent-service is but an incident to some reversionary estate in land, and that reversion is the proper foundation in respect of which the owner is entitled to his franchise. Rent- Rent-charge. charge is when the owner has no future interest or re- version expectant in the land, and where a clause of dis- tress is added, charging the land with a distress for the payment of it. Rent-^ecA is where the deed creating Rent-seck. such freehold does not contain a clause of distress, (jf) Now, by the 1 1 Ann, Ir, c. 2, s, 7, like remedy by dis- tress and by impounding and selling is given in cases of rent seek, rents of assize and chief rents, as in cases of rent-charges ; and by the 4 Geo. II. Eng. c. 28, s. 5, as in case of rent reserved upon lease. This may be said to (a) Com. Dig. Toll. B. (b) Ibid. C. (c) Ibid. D. {d) Ante^ p. 67. le) Giff". on Elect. 51, 53. (/) 2 Blet. Comm. 41, 42. 76 THE .ELECTIVE FRANCHISE reduce rents-seck to one of the other classes; if not, queer for the term does not occur in the election acts. It has been the practice at elections to reject the votes of freeholders who ought to have registered as owners of rents-charge, but claimed in respect of land, and e con- verso ; and it is therefore important, although sometimes not easy, to determine to what class a particular claim ought to be referred. A rent-charge may arise in two ways ; the one by di- rect grant of a rent, without the land, by the owner of the land to a stranger ; the other in the form of reserva- tion, as when the owner grants his whole interest in the land, reserving a rent to himself. If a man grant in fee- simple reserving a rent, this is commonly called a fee-farm rent; i. e. a perpetual farm or rent, {a) In ancient times one tenant in fee-simple could grant to another in fee-simple reserving a rent which would be a rent-service. This process of subinfeudation was re- pressed by the statute of Quia Emptores Terr arum first in force in Ireland^ A. D. 1468. {h) But the king is not wdthin that statute, (c) There is a doubt, also, w^hether, by assent of all the lords mediate and immediate, the sta- tute may not be dispensed with, [d) But putting that aside, it may be said, that unless the grant was made be- fore 1468, or since then by the king, the fee- farm rent is a rent-charge, (e) Mr. Robinson says, (/) “ in practice, the course has usually been to register fee-farm and reserved I'ents, as “ freeholds, and not as rent-charges; and this practice is “ in accordance with the view taken of the nature of “ such interests, by the committee on the Gloucester ‘‘ case, p. 41, w here it was held that reserved or fee-farm “ rents need not be registered under the 3 Geo, III. “ c, 24, Eng, which requires annuities and rent-charges (a) See Hargr. Co. Littl. 143, b. {e) TJitl.s.Qllf Brow)id. Bond x. note (5). Dougl. 627, n. (1.) Trrestres. of Dr. Sterne's Charities, {h) finds. Land. 8c Ten.oiH. Batty, 87, note {a). (r) Ibid. (/ ) liobins, on Reg. 46,' \d) Ibid. 343-348. FOR COUNTIES, “ to be registered, in the mode therein prescribed ; and “ by stat. 15, 16 Geo, III. c. 16, s. 6, Ir, (which regii- “ lated the voting of rent-chargers,) it was declared, that “ no fee-farm rent should be considered as a rent-charge “ within the meaning of that act : this act, though re- “ pealed, may be considered as a legislative opinion on “ the subject, and having formed part of the election ‘‘ code, may be referred to as showing, that, for the pur- ‘‘ poses of the elective franchise, fee-farm rents have been “ considered as freeholds.” However, it is conceived, if a modern fee-farm rent, created by a subject, be in question, it is much safer to treat it as a rent-charge ; especially as fee-farm is an equivocal word: Mr. Hargrave^ in the place already quoted, conceiving the term not properly applicable, ex- cept in the case of rents-service ; and it being very pos- sible that such only were contemplated in the passages of the acts referred to. Where a person, seised for a life or lives only, makes a lease for the same life or lives, reserving a rent, the question has long been litigated, and much discussed, whether the deed operates as a lease or an assignment, and whether the rent is a rent-service or rent-charge, {a) It is now finally, (but after a meagre argument in the House of Lords which does not admit it to be said, sa- tisfactorily) settled, that such rent is a rent-charge, (b) So, if tenant for years, make a lease for all those years or more, it is an assignment, and the rent is not rent- service. (c) But if a person seised of an estate for his own life, or any life or lives, demise to another for a different life or lives, he has a reversion, and the rent reserved is a rent- service, and not a rent-charge, {d) (a) See Pluck v. Digges. 2 Hud, 1, and Ibidf 41, note (a) Huds. Land. Sf Ten. 358, ^c. ^^(6) Pluck V. DiggeSf 2 Dow. % C. (c) Bankin v. Newsam, 1 Huds. k i?.72. ^ id) Co. Littl. 4. bi Hughes v. How- liny 1 Pox ^ S. 14. See also, Huds. Landl. ^ Ten. 342 to 369, where the various cases that may arise are con- sidered separately. 7S By deed or THE ELECTIVE FRANCHISE The 35 Geo. III. Ir. c. 29, s, 34, gave a form of qua* lification oath for registering a rent-charge in which ‘ were the words “ granted by deed bearing date,” &c., and it being apprehended that this had the eflPect of ex- cluding rents charge, granted by will, &c. it was enact- ed by the 37 Geo. III. c. 47, s. 16, that, in case the rent- charge had not been granted by deed, the particulars of the title might be inserted in the room of those words. The 10 Geo. IV. c. 8, Sched. V. gave a form, like the old one, only mentioning “ deed,” upon which the claims of applicants to register under wills, &c., were, by some, rejected. The grounds of such rejection have been very fully confuted by Mr. Robinson; (a) but as the Reform Act, Sched. C. No. 5, uses the words “ granted by deed or other instrument,^ &c., it is sufficient here to refer to his observations. Tenements corporeal are comprehended under the general denomination of “ land,” which comprises any ground, soil or earth whatsoever, as arable, meadows, pastures, woods, moors, marshes, furzes, heath, and even waters: castles, houses, buildings, and every thing over and under the surface. (5) As any kind of soil, so may any quantity constitute a freehold. J. M. was possessed of a wind-mill standing in a common field, upon a plot of grass-ground large enough to clear the sway of the wings, enclosed within a fence put up by himself. It was fixed on a post, upon pattens, in a foundation of brick-work. He was pre- sumed to have a right to the soil on which his mill stood, and his vote held good, (c) A person who had a small plot of ground near the fair-green of Bullinasloe of udiich he made no profit whatever but by hiring it as a standing for cattle at the fairs, was allowed by the Roscommon committee to pos- sess a sufficient estate of freehold, {d) (a) Robins, on Reg. 47, 48, 2 Rla. Comm. 17, 18. (c) Bedfordshire 2 Lud. 440. \d) Giif! on Elect. 54. FOR COUNTIES, 79 Legal and Equitable Estates. The common law considered nothing but the legal estate. Trusts were unknown to it ; and if a trust were created, the trustee in whom it was vested was alone considered as the owner. But the statutes which re- quired a qualification in value, at once excluded the mere trustee from the franchise, for he has no pecuniary inte- rest ; and when trusts began to be extensively created, it became desirable that the equitable owner of the estate should enjoy the right of election, {a) Many statutes (b) have contained clauses for the purpose of conveying it. The reform act, more than any other, appears to look to the “beneficial interest,” (c) and even mentions a seisin “ in equity,”(c?) and contains the clause above referred to nearly in the usual terms f s. 47. By this clause, the mortgagor, being in possession, is Mortgagor and • jVIortRSR00» entitled to register and vote, (e) But if the mortgagee be in actual receipt of the rents and profits, he may re- gister and vote. So it is in the cases of trustee and ^ ^ Trustee and cestui-quedrust ; but the rights of such parties appear que-trust. under various modifications. It frequently occurs, that cases within the operation of Vendor and Ven- these clauses arise out of contracts for the sale of estates, the vendee being let into possession before the convey- ance is executed. And in such cases the question must be, whether the contract is of such a nature, that a Court of Equity would compel a specific performance ; if it be, the vendor is in the situation of trustee for the vendee, who is the cestui-quedrusi in possession of an equitable freehold. In the two following cases before the Gloucestershire Committee, the question appears to have turned upon (a) See Beyw. Co. Elect. 104, 5^ (5) 7, 8 Will. III. Fng. c. 25, s. 7, See also, Giff. on Elect. 60, who refers ^c. 35 Geo. III. Ir. c. 29. s. 27, ^c. ■ to the Athboy case. Minutes, Dublin (c) See s. I. Ii Castle, as a decision that a mortgagor [d) s. 2. ; in possession,could,before the statute, {e) See Onslow v. Raplcy, Heyw. : create freehold leases ; also, to 3 Bac. Bor. Elect. 340 ; Heyw. Co. Elect. Abr, 635, and I Vern. 45. 105, 80 THE ELECTIVE FRANCHISE this point, though the objection was taken to the voter upon the year’s possession. In one the purchaser was put into possession of the land more than two years before the election, but no conveyance was executed till within a year before. His vote was not received, {a) In the other the purchaser was put into possession under articles of sale more than a year before the election, but the purchase money was not paid, nor the purchase completed till within the year. The committee held the vendor entitled to vote, and not the purchaser in possession (Z>) ; though it was in this case admitted in argument, that the vendee had an equi- table estate, but insisted that an equitable estate gave no rio'ht of voting. Upon these cases Serjeant Hey wood observes, that there appears in neither of them to have been any agree- ment, that the purchaser in possession should take the rents and profits to his own use ; for if there had, the determination in both would probably have been different. And several cases have since been decided on the Mid- dlesex election in strict conformity with this opinion, (c) And although in these cases also, the objection to the voter arose upon the want of a year’s possession, yet they are noticed here, because the question in each must have turned upon the nature of an equitable freehold, and the title of the vendee in possession to such an estate, ' The voters contracted for the purchases of their respec- ' tive estates more than a year before the election, they had been in possessioyi of the rents and profits since that time, but no conveyance had been executed till within a year of the election ; the votes were held good, (c) So where the rent had been paid to the voter, by the direc- tion of the former owmer, for a much longer period than a year before the election, but the conveyance had not been executed till within the year, In the following case, neither of the parties to the (a) Gloucester, 163. {b) Ibid. 82, [c) 2 Peckxt). 106. (rf) Ibid. FOR COUNTIES. 81 contract could have voted for the land in question, the vendee from the want of possession, the vendor because he had bound himself to complete the sale before the election, and stood, therefore, as trustee for the vendee. The voter agreed for the sale of his freehold from Lady- day before the election ; but, having promised his vote, refused to execute the conveyance till after, when it was executed as from the Lady-day; his vote was dis- allowed. (a) But where the delay in executing the conveyance until after the election, arose from the negligence of the ven- dee, and the vendor, at the time of the election, was in possession of part of the premises, his vote was al- lowed. (b) It may happen, that the question as to who is entitled who is cesiui^qm. to vote depends, not upon which of two 2>ersons is the^^^^^^' trustee and which the cestui-qiie-trust, but upon which of two persons is the cestui- que-trusty the legal estate being clearly in neither of them. As where a father devised his estate to trustees to pay 6 s, a week to John, his eldest son, and the remainder to the second son, Thomas, who was to be put into immediate pos- session by the trustees, on giving security to pay the 6.9. a w eek. He had not given security, nor had the trustees put him into possession. The committee held that the second son, Thomas, had no such interest in the premi- ses as entitled him to vote, but that John, the elder bro- ther, had a right to vote in respect of the premises de- vised to the trustees, (c) An estate being devised for life, remainder to trustees to pay debts and legacies, and the surplus to be divided amongst A. B. and C.; the tenant for life died; the estate had not been sold; it was objected, that the re- mainder men took only an interest in a personal estate ; t w^as answ^ered, they took an equitable interest in the Veehold immediately upon the death of the tenant for (c) Gloucester^ 130, 131. Jleyu). Co. Elect. 107. 2 Evd. 427,^428. (fi) Middx. 2 Feckw. 107. S2 THE ELECTIVE FRANCHISE life, and it was incumbent on those who impeached the vote, to show that the land had been sold, and converted into money. The vote was holden good, (a) Where the devisee of an estate charged with an an- nuity agreed, by parol, to give up the estate in satisfac- tion of the annuity, and had put the annuitant into pos- session ; it was held the annuitant had a right to vote.(^) So where a devisee, in trust to pay legacies, refused to take the land subject to the trust, and the legatees, with his consent, took possession of certain parcels in satis- faction of their legacies ; one of the legatees had been in possession of his freehold in this way for five years, and his vote was allowed, (c) But a mere authority to receive the rents, unconnected with interest in the land, gives no right. Where a pur- chaser, at the time of the sale, executed a bond to per- mit the vendor to receive the rents and profits for life, the vendor’s vote was rejected, (c?) Where an estate was devised to a man who had never received rent for it, but the rent had been paid to a per- son from whom the tenant received possession shortly before the election, the devisee was allowed to vote, for it was presumed that the person who received the rent was only tenant to the devisee, (e) One seised of the freehold may so have devested him- self of all control over the rents and profits of the estate as to have lost the franchise. As where a man, before marriage, by deed between himself, his intended wife, and R. V., covenanted not to intermeddle with the rents and profits of her estate, which were to be received by R. V. for the wife’s use, and she was to have the sole disposition by devise, or otherwise, he joining in all ne- cessary acts; his vote was rejected. (/) Expired lease con . It seems that a tenant by lease of lives renewable for lor ^ ever, after the death of all the lives named in the original (a) 9 Peckw. 106. .b) 2 Lud, 440. (c) lb. 424. (d) Gloucestery 183, 184. (e) 2 Lud. 431. (/) Bedfordshire^ 2 Lud. 422. FOR COUNTIES. 83 lease, or in any renewal of it, has, after the nomination of a new life or lives, and payment of his fines, such an equi- table title as will entitle him to register, and the point was so decided at the Armagh election, 1826. (a) And so, it seems, in case of any lease, with covenant for re- newal, if the terms of renewal be performed, though the interest granted has expired. In the same way any agreement for a lease, &c. may Equitable article, form a sufficient foundation to enable the party to regis- ter, by giving him an equitable interest to the^extent of the estate agreed for. Currency, The act, 6 Geo, IV. c, 79, for the assimilation of the currency and moneys of account throughout the United Kingdom, took effect from the 5th January^ 1 826 ; and unquestionably the 10/. freehold franchise created by the 10 Geo, IV. and all the new franchises in the 2, 3 Will, IV. are in the currency of the United Kingdom. But the question arises as to all the pre-existing fran- chises whether an annual value of the given amount in the former currency of Ireland will constitute a sufficient qualification? The 6 Geo, IV. c, 79. s, 4, enacted, that nothing therein contained should he deemed or held in any manner to affect or take away 2 i\\j franchise , right, be- nefit, privilege or advantage, resulting from the possession of any lands, tenements, rents or property of the value mentioned in any act or acts of parliament. The distinc- tion is not taken any where in the reform act, and it im- poses new oaths in which the words “ of the value of twenty pounds,” and similar expressions, occur. Sta- tutes, like other instruments, speak in general from the time of their own date ; and must now he understood as speaking of the currency of the United Kingdom unless the contrary appears. But where they are conversant [a) See Giff. on Elect. 60, ^c. and 501 ; 1 Schoa. ^ L. 454. 1 Ball 8f B. Robins, on Reg. 24 ; and see 19, 20 372. 1 Bligh, 137 ; and 2 Huds. 4r B. Geo, III. Ir, c. 30. 1 Ridg. P. C. 412, 307, note (a). 84 THE ELECTIVE FRANHCISE about matters which preceded the change of the currency the contrary inference is to be drawn. Thus, where a scire facias, in 1827, stated a judgment of 1825 fora cer- tain amount of costs, generally, without saying of the former currency, &c. a judgment in the same terms was held to prove the averment, as the scire facias, in stating’ a judgment of 1825, was to he understood as speaking of the then existing currency of Ireland, («) Added to this w’e have the express provision of s, 3, that the act shall not in an^^ manner affect the former rights of voting. The 22d section, also, entitles those before registered to be admitted, without oath, &c. in certain cases, and it could scarcely have been intended to split each of the former franchises into two classes, one in each currency. Besides, this is an act “to extend elective franchise.” The 10 Geo, iV. recited the expediency of increasing the amount of the qualification necessary to entitle persons to vote at elections for members to serve in parliament for counties in Ireland, and this, as to renicharges of 20/. was, it seems, construed liberally in the sense which would best extend the franchise (5) ; but indeed it is manifest that all the 20/. and 50/. franchises, there spoken of, are to be so understood, the 2d section of that act having used the phrase “ any estate of freehold of less annual value than 20/. of the late currency of Ireland f an expression which has not generally been adverted to; and then on the prin- ciple that all statutes in pari materia are to be construed as one law (c), the conclusion appears almost irresistible that all the former franchises (Nos. 5, 6, 9, 10, 11,) re- main unvaried, and mean amounts of the former cur- rency of Ireland Value, The Bedfordshire committee decided {d), that “ the value of a freehold in right of which the owner votes, is fa) Lanau%e v, Cathrcw, Batty, ic) Dottgl. 30. 733, See also Bishop of Derry v. \d) 2 Lwrf. 450 ; See also Middlesex, Chambers, 1 Muds. ^ B. 433. 2 Peckw, 104, B.alph's case, (5) Robins, on Reg, 48. FOR COUNTIES. 85 the rent which a tenant would g-ive for it ; and not what the owner, occupying it himself, may possibly derive from it.” In the oath of the 10/. freeholder in the 10 Geo.lY. Sched. VL to the general deposition, as to value, it was added, and that a solvent and responsible tenant could, as I verily believe, afford to pay for the same, as an additional rent^ fairly and without collusion, the an- nual sum of 10/. over and above all rent to which I am liable in respect thereof.” This is omitted in the new form 2, 3 WilL IV. Sched, C. No. 6. It is said to have been ruled, upon this ground, that a person who resides on his freehold, a house, but has let rooms in it, cannot include the rent received from lodgers, so as to raise his qualification to the necessary standard ; but this seems referrible rather to the question of occu- pancy, which shall be treated of separately, [a) Nent and Charges. Quit rents, crown rents, chief rents, rents charge, and Rents, rents in every shape constitute reductions of the value. But rents may be reserved out of other lands and tene- ments beside those in respect of which the party claims the franchise; and the entire amount, if applied exclusively to each portion of the estate or property over which they extend, might destroy the qualification ; but such rents, though charged on each and every part, are distributable over the entire, and the tenant of each can compel a con- tribution from the others. (/>) Therefore, it seems, the portion, which, in equity, is contributable, ought alone to be considered the charge in such cases. The Bedfordshire committee resolved, that “ the inte- interest. rest upon a rnortgogey the mortgagor still being in posses- sion, is such a charge upon the estate within the meaning of the statutes, as to affect the rights of the voter.” (c) The Cricldade committee determined, “ that the mort- gagor in possession of lands of the value of 405 . a year. (a) Robins on Reg. 43. Pcst^ p. 92. 23, Dohnan v. Vavasor. Cary 92. {b) Anon. Cary, 2, 1 Eq. Cas. Ahr. (c) 2 Lud. 467. 33. pi. 5. S. C. s Morgan's Case Cary I m THE ELECTIVE FRANCHISE and tlie devisee in possession of lands of the value of 405 . a year, devised subject to the payment of debts and lega^- cies^ are entitled to vote, {a). These seem contradictory, — unless the latter determi- nation be understood that the principal money due in re- spect of such charg'es, shall not be considered to disqua- lify. Serjeant Heywood{b) argues in favour of the Cricklade determination, on the ground that the statutes (7, 8 VdUL III. Eng, c, 25, 5. 7 ; and the 2, 3 Will. IV. c, 88. s. 47 ; and the other acts are similar,) enable the cestui-que-trust or mortgagor in possession to vote, not- vjithstandinf^ such trust or mortgage ; and that the land is or may not be the only security, and the party may pay the money out of his personal property. But the clauses, alluded to, refer to the nature and not the value of of the estate ; and his other reasons are contrary to a series of decisions. Thus, Avhere, in an action on the game laws, a statute (22, 23 Car. 11. Eng. c. 23. s. 3,) imposed a qualification of the clear yearly value of 100/. per anniimy' it ap- peared the defendant was possessed of lands worth 103/. a year, a part of which, worth 14/. a year, was mortgaged for 400/., the interest of which being deducted, he had not iOO/. per annum to his own use; judgment was given against him, and Lord Mansfield^ C.J., said, ‘‘ The mort- gagor is owner of the land, and the mortgagee has a charge upon it, and whoever it comes to is his debtor. If a man has a sufficient estate, after paying the interest, he is qualified. It is a charge, and goes with it as much as % judgment or a statute; it is very clear; there can be no doubt of this.” Bidler, J. “ The only question is, whether the w ords clear of all charges, mean clear value to the person in possession ?” and he expressed himself strongly in the affirmative. The BucJtinghmnshire committee (c), and the Middle- sex committee (of), (the last determination) agreed in 2 Lnd.m. \b) Hcyw Count. Elect, 148. (c) 2 Lud. 471. {(i) 2 Pcch vc. 103. FOR COUNTIES. the general principle of the Bedfordshire committee. That committee further laid it down, that the evidence of interest of a mortgage, reducing the annual value of the estate, was conclusive “ notwithstanding any other pro-^ perty possessed by the voter.” {a) This must be under- stood of property not charged with the mortgage, for otherwise the proposition is too general : and the Mid^ dlesex committee, where it appeared that the mortgage comprised other estates, of which the rents and profits were much greater than the interest of the sum bor- rowed, determined that the vote was good, (b) The true principle is that of contribution, which a court of equity will enforce (c) ; and as the question of qualifi- cation is of annual value, it follows that the annual charge, and not the principal debt is contemplated. Thus the statute 28 Geo, III. Bng, c, 36, (repealed by the 29 Geo. III. Bng. c. 18,) expressly required the yearly value of the voter’s estate to be “ over and above the in- terest of any money secured upon it.” Therefore, where the annual value, deducting interest, was sufficient, the vote was held good although the whole of the rents and profits were in a course of application to discharge the principal money as well as the arrears and growing interest, {d) In the Bedfordshire case, it was contended, in many instances, that the widow’s dower was a diminution of the value ; and so it must have been considered, if assigned to her; but where she had not received or claimed it for a great length of time, the committee considered that as evidence of her having released it. {e) Taxes. “No public or parliamentary tax, county^ churchy or parish cess or rate, or any cess or rate upon any town- (rt) 2 Lud. 469. {d) Middlesex, 2 Pech 103, Chasers (6) 2 Peckw. 103. case. (c) Longx. Short, 1 P. Will. 403; (e) 2 Lud. 450. 3 Fern. 156, S.C, 88 THE ELECTIVE FRANCHISE laud or division of any parish or barony or half barony” shall be deemed a chars’e. o If the test of value be, as above stated, the rent which a tenant would give for the premises, in order that the occupier should have the advantage of this clause, it must mean the rent which a tenant would give if no such taxes, &c. existed. In other words, the amount of all such taxes may be included in the rent at which the pre- mises are to be valued. This must, it seems, peculiarly be the case with tithe-composition^ which not only falls within almost every one of the above descriptions, but by the tithe composition acts themselves (4 Geo. IV. c. 99. 5. 41 ; 2, 3 WT//. IV. c. . s. ,) is made a part of the rent. The following decisions have occurred in England, where the 18 Geo. II. Eng. c. 18. s, 6 , was similarly worded : A voter (a) occupied his own freehold, which, without adding to its annual value the amount of the taxes charged upon it, was not worth 40^. a year, but the sum paid for taxes, annually, raised it to more. It is not stated what beca%ie of his vote, but (says Serjeant Heyivood ) it must have been disallowed, for the committee negatived a motion (^), “ that the parochial taxes, when paid by the tenant, constitute a part of the rent paid by him for the land, and are to be considered as part of the income, in right of which the owner votes.” A similar motion as to the window and house tax, had the same fate (c) ; but a resolution, couched in the same terms, concerning the land tax was passed in the affirmative. John Southwell married a woman entitled to the 6tli part of an estate, let for 8 guineas a year ; but the tenant was bound to pay the land tax, 1/. 45., and to lay out 3/. annually in repairs and improvements. Thus the tenant paid 12/. 125. including the last two sums, and a 6th part amounted to 21. 2s. The question was. Whether the (n) 2 Lud. 472; Hmu. Co, Elect. (h) 2 LudAlB. (cj 4Tu. FOR COUNTIES. 89 voter had a sufficient estate ? — and it was held that he had {a). The above English act directed ( 5 . 3,) that no person should vote in right of any messuages, lands or tene- ments, which had not been charged or assessed towards some aid granted by a land tax ; and ( 5 . 5,) that the free- hold should be “ of the clear yearly value of over and above all rents and charges payable out of or in re- spect of the same.” J. Tanslejfs freehold consisted of land and houses. It was the custom of the parish to assess land only, and his land was neither worth, nor assessed for so much as 405. a year, but was assessed for rather more than its an- nual value. It w'as objected that he had not a freehold of 405. a year, assessed to the land tax; but the vote was held good, (b) Of the Six Months* Possessio7i, ^c. Clauses have been introduced into many of the elec- tion acts, for the purpose of preventing the fraudu- lent creation of occasional voters. By these, various periods of possession have, from time to time, been re- quired before the elector was entitled to exercise his franchise. All such clauses must now be taken to be su- perseded by the reform act, which contains general pro- visions upon this subject, (c) By 5 . 13, no person shall be registered in respect of any lands or tenements, (except in certain cases,) unless he shall have been in the actual possession thereof, or in receipt of the rents, issues, or profits thereof to his oxen use, as the case may require, for six calendar months — that is, in actual possession, where occupancy is re- quired ; in possession or receipt of rents, where it is not. We have already seen a number of cases, in which, in cases of purchasers, when the equitable title accrued before the legal, the party \vas allowed the benefit of his earliest title. (i/) (c) Qm, as to the 37 Geo, III. Ir.c. 47.«.2? [d) Ante, p, 80. I 3 {a) 2 Utd. 448. ' {h) Ibid. 525. 9Q THE ELECTIVE FRANCHISE Marriage, Sec. The act seems sufficiently explicit as to the time from which the six months are to be counted back ; it says : next previous to his registry under this act and a man may register during the sessions though his title accrued within six months before the first day of the sessions. So, in a case in England^ even where the act was not specific, Serjeant Hey wood thought the period should be reck- oned from the day on which the voter took the oath and actually gave his vote (a), though others considered it diiferently. (b) Where lands vest in a minor, although he should come . of age within the six months, yet it seems, if he is six months in possession, &c., altogether, he may register, (c) But though the estate may come to a party, yet if he does not get into possession, (although he did not know the fact of his title), till within the six months, he cannot, {d) The excepted cases are where lands come “ by descent, succession, marriage settlement y devise, or promotion to any benefice or office.” The words are so pointed in the ‘printed statute ; in a similar clause, s. 8, the words are, “ by descent, succession, marriagey marriage settlementy devise, or promotion to any benefice in a church, or by promotion to any office.” As there are no stops in an act of parliament, the words before us may be read marriage, settlement, &c. or, perhaps, “ marriage” may be included in “marriage settlement;” but it can scarcely be contended, viewing the two clauses together, that the omission of the word throws a title, acquired by marriage merely, out of the benefit of the exception. Besides, all the former statutes expressly include it. {e) These exceptions have always received the most favor- able construction. Thus, under the former acts, a person, married during the election, was held entitled to vote at (а) Heyw. Co. Elect. 168. 9,0 Geo. III. Eng. c. 17. s.9, 35 Geo. (б) The Seaford casCy Simeonyl93. n. III. I?', c. 29, ss. 50, 39, 47 ; 37 Gcq. (c) 2 lAid. 528 III, /r.c. 47,5. 4. 4 Geo. IV. c. 53,5. (d) 2 Lud. 531. 25, &c. {e) 18 Geo. II. Eng. c. 18, 5. 1; FOR COUNTIES. 91 the same election for premises to which he became en- titled by the marriage («) : and where voters have died daring an election, the heir at law or devisee was always allowed to vote for the same lands, although they came to him even after the poll began, {b) The word “ succession” is not explained, but it seems to be a comprehensive expression, capable of including those who come to possession of an estate by virtue of a limitation m remainder under an old deed ; and such persons are not open to the objection of occasionality. An administrator who becomes possessed of lease- hold by grant of letters of administration is not, it seems, within such a saving; qucere if an executor may not be said to take by “ devise” or “ succession” within the spirit of the act. (c) Residence and Occupancy, The 1 Hen, V. required that the choosers of knights of the shire should be resident in the shire at the date of the writ of summons to the parliament, (c/) But the modern statutes appear to have superseded that early enactment dividing the electors into two classes, — one, of those from whom actual occupation is required, — the other, of those as to whom that qualification is dispensed with. These have been marked out under the several heads. From the 10/. freeholder it is required that he be in actual occupation of his freehold ‘‘ by residing thereon, — or by tilling^ or by grazings — or by both tilling and grazing, as the ease may be ;” 2, 3, Will, IV., Sched, C, No, 6; 35 Geo, III, Ir, c, 29, 30 ; 37 Geo, III. Ir, c, 47, 5. “ Resident” appears to mean abiding or dwelling (e) ; A man can have but one domicile within the meaning of the laws relative to that subject, but he may have more than one residence (f), which is the place where he (a) Middlesex,,^ Peckw. 115. Bed- (d) It was repealed in England by ford, 2 Lud, 427. the 14 Geo. III. Eng. c. 58. (b) 1 Ld. Glenb. 272. (e) 4 Ld Glenb. 107. {c)yiUbou,rne Fort, Corb. ^ D. (f) Somerville v.Somerville^ 5 Fes. • Jioi. 150,2 Peckw, ^91, Nate. 92 THE ELECTIVE FRANCHISE sleeps (a). In boroughs, a miller whose house was out of the borough, but who attended daily at his mill within the borough, and occasionally slept there, in a room kept for that purpose, was holden to be “ an inhabitant.” (b) But the residence must be bond fide (c), and is not valid where another person is permitted to reside {d). Where the owner of pastures appoints his own ranger Avho keeps the keys of the gates, &c., he is the occupier, although he receives money from others for turning cat- tle on the land (e) ; otherwise, where the exclusive en- joyment of the land is given to the agisters, (f) Occupancy. See « Occupancy” is a general term, and may be con- chises No. 2 & 7. stituted in many other ways than by residence, tilling, or grazing. The test of it seems to be, the holding pos- session, either by the party himself, or some other as his servant or care-taker, and not as his tenant {g), ^rt — most material question, perhaps, under the head of ‘ occupation’ is, — how far an actual possession of part will satify the enactments requiring occupancy. The case of the smaller freehold qualifications, where a specific occupation by residing, tilling, or grazing, is pointed out, must necessarily be the strongest. In this case an eminent barrister, presiding at sessions, determined on the 10 Geo, IV. c. 8, that such partial occupation might suffice. Others are understood to have maintained a contrary opinion, viz., that in no case, where the free- holder, from whom occupation was required, parted witli the possession of a part of his original freehold could he « Iaim to register for the residue. A proposition to that extent is absurd ; the law does not presume that a freehold is subject to a rent: and though a portion of a freehold be either demised or assigned, the re- sidue is still a freehold in itself to all intents and pur- poses. The position must then be reduced to this, — that if an entire freehold be subject to a rent, and a part be demised or assigned, the remnant, continuing in the oc- (a) 2 Peokvo. 56. (e) Rex v. Mat/or of Sudbury, 1 (A) Milbourne Port, Corb. % Dan. Bam. ^ C. 389; Rex v. Trustees for 228. Tewkesbury, 13 East 155. (c) Chippenham, 1 Peckw, £73, (/) Rex v. Watson, 5 East, 580. Harwich, ibid 390, 392. \g) Jeffrey's case 5, Co. 61, 68. (d) Corb, ^ D. 225. FOR COUNTIES. ciipation of the claimant, must be charged vrith the whole reserved rent, in estimating* its value “above rent and charges,” because, by law, every portion of the premises is liable to distress, &c. for the entire rent. But we have seen already {p. 85,) how the law deals with that proposi- tion in the abstract ; and it is perfectly clear that if A. holds two acres at a certain rent, and assigns Blackacre to B.i retaining Whiteacre^ each holds a separate freehold, and though charged with the whole in the lirst instance, sub- ject only to a fair apportionment of the rent in the re- sult. Then, how can the question, in justice, be altered because he himself remains the owner of Blackacre^ making a demise of it to another? If, indeed, he has demised Blackacre without rent, he can register for Whiteacre^ only in case it be of the required yearly value over the whole rent : but if he has a rent out of Black- ' acrCy on what principle can he be precluded from availing himself of the principle of apportionment? The rent so reserved by him may not, it is true, be a bond fide or well-secured rent ; but subject to the effect of proof of that fact, it must be taken that such demised portion, Blackacre^ is worth the rent reserved, and that the ori- ginal freeholder, may register his occupation franchise out of that part of the premises on w'hich he continues to reside, &c. if it be of the required value after deduct- ing so much of the rent to which he is liable as is fairly apportionable in respect of it. This construction, too, seems conformable with the general tenor of the election acts. Thus by the 35 Geo» III. L\ c, 29, s. 38, no person shall be precluded from voting by virtue of any freehold, on account of having sold, aliened, or disposed of any part of the freehold he shall have registered, &c. if he shall have retained thereof to the annual value sworn in such registry. The 4 Geo. iV. c. 55, s. 29, contains a similar provision. Of Fraudulent Freeholds, ^c. Besides general fraud, there are several circumstances pointed out by the election acts as invalidating a free- hold. 94 THE ELECTIVE FRANCHISE The following are applied only where the freehold is under the value of 201, 37 Geo, III. Ir, c, 47, s, 1. 1. Being let or demised to the person or persons from whom the elector holds or derives the same, or to any person in trust for him or them, or to his or their heirs or assigns. 35 Geo. III. Ir. c. 29, s. 26. 2. Being let or demised to any person or persons for the same term for which the elector holds the same. — Id. There are others which are applied to all freeholds : — 3. Being granted in exchange for a freehold in another county. 35 Geo, III. Ir. c. 29, s. 28. 4. Being granted in consideration of any increase of rent, out of any other lands in the same, or in any other county, held by the elector from the grantor, though isuch consideration be not expressed in the deed ; Id, 5. Another species of fraud contemplated is the de^ mising for a life or lives, by a grantor possessed only for a term of years, with intent to induce the lessee to re- gister such as a freehold ; 45 Geo. III. c. 59, s. 9; I Geo. IV. c. 1 1, 5. 37 ; 2, 3 Will. IV. c. 88, 5. 65. But as leaseholders for terms for years are now enfranchised in certain cases, the temptation to this fraud is propor- tionably diminished. Besides these there is the general prohibition of free- holds — 6. Granted fraudulently; 35 Geo. III. Ir, c. 29, s. 28. The 24th section of that act supplies evidence of what the legislature has considered badges of fraud, namely, the granting, in any fraudulent or collusive manner, on purpose, or with intent to qualify to vote; being subject to conditions, or agreements, or collateral securities, to defeat or determine the grant, for the redeeming, revok- ing or defeating the estate, or for restoring or reconvey- FOR COUNTIES. ing it or any part of it, or conveying it to any person in trust for the grantor. The provisions of s, 24, are copied nearly in words from the 10 Ann. Eng. c. 23, s. 1 ; and by the 18 Geo. IT. Eng. c. 18, s. 5, no person shall vote, &c. in respect of a freehold granted to him ^^frau- dulently on purpose to give his voteP These provisions are considered only declaratory of the common law. (a) Fraud is to he distinguished from “ occasionality,’’ which in its strict sense means the practice of making conveyances upon the eve of, or in expectation of an election, for the purpose of multiplying votes, {h) It was once contended this was illegal even though the convey- ance was bond fide^ and fora valuable consideration. But that opinion, it has been considered, is not well found- ed ; (c) and a man may sell, and another buy, as much land as will qualify the purchaser to vote, without being guilty of any thing either immoral or illegal : the prac- tice is not prohibited, provided the transactions, by which the votes are created, are sincere and bond fide, and the check consists only in the express provisions of the sta- tutes, requiring a certain period of possession, &c. The fraud which w ill vitiate a vote lies in the circum- stance that the transfer of property is only pretended, and not real, or is accompanied with some secret trust as to the vote which is the object of it. {d) In the Oalihampton case, (c) the estates of the free- hdlders objected to, which were formerly separate tene- ments, had been conveyed to them by the father of the sitting member, and by his uncle, for the joint lives of the grantor and grantee, &c. subject to leases of 99 years determinable on 3 lives. The premises conveyed were exceedingly small, consisting in some instances of a third, or an eighth of a dw’elling house, and the rent varied from 105. to 21. per annum. The consideration paid was from 41 to 91 years’ purchase; and the conveyances had (а) He.yw. Count. Elect. 165. (б) 1 Peckw. 312, 51.3. Ir) Heyw. Co. tlect. iboi 154. id) Ibid. 154. {c) 1 Peckiv. o&). 96 THE ELECTIVE FRANCHISE been recently made ; the grantees were friends of the sitting member, strangers to the place and bought the estates merely to gain votes. The rents (except where the tenants were too poor to pay) were received by agents of the grantors, and in many cases, but not in all, they were paid over by the receiver to the grantee ; se- veral of the voters appeared to be very little acquainted with their estates ; but there was no evidence of secret trusts, agreements to reconvey, or non-payment of the consideration money expressed in the deed; and the committee decided that these votes were good. In the East Gnnsted case, (a) there were, on the poll for the sitting members, 9; for the petitioner, 1. The burgages were held at small quit rents payable to the lord of the borough, the duke of Dorset, Of the 9 voters, 5 derived title under the duke, and 4 under lord Sack- ville, the proprietors of the burgages ; the estates were for the joint lives of the grantee and one of the proprie- tors, &c. The grantees had been regularly presented at the borough court, and several of them had served upon the homage. None of the voters ever paid the quit rents; but lord Sackville's steward paid those of his grantees to the lord of the borough ; and the proprietors (not the tenants) n ere assessed to the land tax, were in receipt of the rents and profits, and at the expense of repairing, &c. In the case of the burgages of the Dorset famih'- no consideration was paid, and the grantees, w hen they accepted the conveyances, signed a declaration of trust for the proprietor. None of the grantees, except the steward and deputy stew^ard of the estate, had the pos- session of their deeds, w^hich w'ere brought to the place of election and carried back by the agents of the pro- prietors. These votes were impeached for occasionality and fraud : for the sitting members it w^as contended, that, at most, the voters w^ere mere trustees. The com- mittee held the sitting members duly elected, and the pe- tition frivolous and vexatious. (a) 1 308, 335, FOR COUNTIES. 97 So in the Ludger shall case, {a) the estates in general consisted of plots of land, of the dimensions of a few yards only ; the conveyances were dated in the year be- fore the election ; the estates were granted for the con- sideration of IO 5 . for the joint lives of the grantee and one of the grantors ; the rent reserved was IO 5 . 6d. per annum; the grantees resided at a distance ; several had received their deeds only a few days before the elec- tion ; and some of them did not know till then, that they had votes ; and they returned the deeds immediately after the election ; a few deposited some money when receiv- ing the deeds. It is understood that the committee de- cided the votes to be good. “ The Good Intent Society ” was formed at Islewortk in Middlesex {li) for the purpose of grinding corn at a cheap rate for the use of the members ; memorandums of agreement for the purchase of ground, (for the erection of a mill,) 90 feet long, by 45 feet wide, were entered into, and a consideration of 360/. paid or secured ; three cottages, held by tenants at 6 guineas a-year each, were on the premises, and the society got the possession from the tenants, giving up the rent due ; they then pulled down the cottages, and began to erect a mill, which, however, at the time of the election was unfinished, and no profit had at that time accrued to the society. The plan was, to have 1000 shares, and the number of sub- scribers on the first day of the election was between 200 and .300, and 200 more entered their names during the poll. The first who tendered his vote was possessed of two shares, and he said he would not part with either of them for 405. per annum^ and his claim was supported in argument as that of an equitable joint-tenant of the freehold. The committee made a special report impugn- ing the sheriffs for admitting upwards of 300 persons, claiming to vote under a fictitious right, as proprietors ^a) 1 Peckvo, 377, 378, 380. (6) 2 Peckvj, 23, 90 THE ELECTIVE FRANCHISE of the mill, by which means a colorable majority was obtained, and the House agreed with the committee, and resolved that the conduct of the sheriffs amounted to a breach of privilege, and they were ordered to be com- mitted. The case of the Coldblow-lane voters was as follows (a) : a former candidate for the city of Dublin was the owner of a plot of ground called Lawler'' s Garden in Coldblowdane, which was described to be about a perch square, and not worth 1 05 . a-year ; leases of this ground, for lives renewable for ever (b) had been made by him, in the year 1825, to a great number of persons, upon which livery of seisin was made to them ; each, it ap- peared, had his own freehold separate from the rest, and the agent of the grantor got it back into his own hands to manage, undertaking to make it good to the gi'antee to be worth 40s. &c ; there was an engagement, also, on the part of the grantor to pay them 405. a-year each, which they called their rent; these persons then got their leases, and upon this qualification they were registered. The person, who occupied the garden before, continued to do so afterwards. A considerable number of persons voted at the election in 3Iay 1831, as having 405. free- holds in Coldblow-lane, held under leases for lives renew - able for ever, and their votes w^ere objected to before the assessor, and evidence of some of the above transactions w^as given, but no evidence was offered to identify the voters with the individuals concerned, or their holdings with Lawler's Garden^ Coldblowdane being an extensive place, containing many freeholds for anything that ap- peared to the contrary ; and, upon the failure in this res- pect, the objections w^ere withdrawn. Before the com- mittee, three of the voters w^ere produced, and stated that they never looked for their rent or got any until the election ; at the election each received 10/. of w hich he returned 7/. 1 5s, retaining 21, 5s, rent for his freehold. (a) Abbott's Questions on the Elec- (b) That tenure exempteii afree- tionsfor Uie city of Dublin in 1S31, p, holder from the ixecessity of oecupa- 42—18. tion ^c, 4 Geo. IV. c. 55, s. 80. FOR COUNTIES. 99 The committee, for the purpose of unseating the sitting members, determined that the payments so made were bribes to the voters, and that the persons concerned in the payments were the agents of the sitting members ; this necessarily involved the determination that the voters were not bond fide seised, and that the quali- fication rent, (though binding on the grantor (a) ) must be considered fictitious. Fraud, it is held, will vitiate every thing (Z>) ; a deed, though registered (c) ; and even though third persons may be beneficially interested under the deed (c?.) And objections of this kind cannot be cured by time, (e) Among the badges of fraud, a conveyance, without a change of possession has always been looked upon as suspicious: a conveyance being, ^^Blackstone (fj ob- serves, but evidence of an intention to change the occu- pancy. Thus, when a person, who had conveyed his whole estate to trustees for the payment of his debts, remained in possession, and mortgaged a part of it, the mortgage was held good against the conveyance, with which the retention of the property was inconsistent, (g) In ano- ther case (h)y the continuance of the deed of convey- ance in the custody of him who made the gift, was said by Coke C. J. to be clear evidence of fraud ; secrecy, also, he says is a great badge of fraud ; so a trust between the parties. (^) ‘‘If the jus disponendifi says Lord Thurlow (k)y re- mains in any other person, it is in vain that the parch- ment conveys the right to the grantee. For the real use of the estate remains in another.” — “ If a person con- veys the estate to another, who, instead of paying the purchase money, and instead of paying the expense of conveying it, holds it at the expense of the grantor him- (a) 4 Geo. IV. c. 55, s. 28. (5) Humberton v. Howgil, Hob. 72 ; Fermor's case, 3 Co. 'll. (c) Lord lorbes v. Deniston, 4 J. Bro. 189 ; Hine v. Dodd, 2 Atk. 275. (d) Bennetv. Wade, Dick, 84. (e) Pickering v. Ld. Stamford 2 Ves. jun. 280, 4 W. Bro. 214 ; MuL cahy V, Kennedy, 1 Ridg. P. C. 331. (f) 2 Bla. Comm. 10, 367. (g) Lavender v. Blackstone, 2 Lev. {h) Stone v. Grubham, 2 Bulstr. 211, 218, (paged 209, 226.) (i) Twyne’s case, 3 Co. 80. (k) Elphinstone’s case, 3 Lud. 371, &c. See also McPherson’s case, 3 Lud. 331, and the Act 1,3, Will. III. Eng. c. 25, s. 1, against splitting of votes i Weymouth, 2,Peckw. 195 S^c. 100 THE ELECTIVE FRANCHISE self; and more particularly so, if he holds it under an honorary engagement^ that he will never disturb the title of the grantor, (there are a thousand ways in which it might be stated) ; in that case, the person, who holds it, would be thought of in the most reproachable manner in the w^orld, if he should offer to interrupt the title of the grantor. If he holds it under an honorary engagement, the most imperfect in point of actual obligation, in my opinion, he holds it fraudulently.” A notion prevailed that such manufacturing of votes was legal, in places where the right of voting arose out of burgage tenements : however, in the case of Onsloio V. Rapley {a) respecting the borough of HaslemerCy Pembei'ton, C. J. exploded it. There, two out of live voters were made after the test of the writ; and three, about five years before, in order to carry a former candi- date’s election ; the conveyances were of very minute portions of ground, with continued possession in the grantors, and several confessions of the purpose and in- tent of making them for the elections ; and in one, it was j proved, collateral security was given to reconvey, and the j grantor had made the repairs. The Chief .Justice declared at the trial of the action (brought against the returning offi- cer for the return he made,) ‘^that the making voters by such means was a very evil and unlawful thing, and tend- ed to the destruction of the Government, and debauching of Parliament; and although some conveyances were made some time before, to serve a turn at a former election, yet that they were fraudulent and void in their creation, and ought not to be made use of at any time against any other person.” This, the common law doctrine as to frauds, is equally applicable to the new franchises for terms of years, &c. as to those for freehold interests ; but the only parlia- mentary check imposed to prevent this general fraud, or any other, in cases of leaseholds, is the oath f Sched, C. No, 7^J by which the party must depose that he has not (a) Somers Tracts^ Vol. 1. ». 371 Heyw, Bor. Elect. 337, 339 j 2 Lev, 37 i 2 Ventr. FOR COUNTIES OF CITIES AND TOWNS. 101 “accepted or procured the said leasehold fraudulently, nor in exchange for any freehold or leasehold in any other county, city, or town.” The operation of the several statutes which make leases Void leases. Sub- void^ and especially that of the act against assigning and subletting, 7 Geo. IV. c, 29 («), are very material to be considered. By the last mentioned act, s. 3, assignments and subleases of lands held by lease or agreement for a lease executed after the Is^ of June 1826, not containing a clause expressly empowering the tenant to assign or sublet (other than leases for 99 years, for lives or years renewable for ever, or held immediately under corpora- tions, or under persons deriving from the immediate les- sees of corporations with toties quoties covenants for re- new al,) are void unless made with the express consent of the landlord in writing &c. This act is repealed by the 2, 3, Will. IV. c. 17, but not as to leases or agreements for leases made before the \st of May 1832. By the new act assignments and subleases, without consent, are only void, where the leases or agreements contain clauses con- trolling assigning, or subletting. QUALIFICATIONS OF ELECTORS IN COUNTIES OF CITIES, AND COUNTIES OF TOWNS. By the 5th section of the reform act, several new Former franchises , , , preserved by the classes of voters are created “ in addition to the persons reform act. now by law qualified to vote, in counties of cities and towns.” But, by s. 6, no person shall be registered or Exceptions, admitted to vote as a freeholder for any county of a city or town, unless he shall have an estate of freehold of the value of 10/. above all changes ; provided, that this shall not prevent any person noiv (i. e. 7th August^ 1832,) being a 405. freeholder, entitled to register as such, from retaining (so long as he shall continue to be seised of the same lands or tenements,) the right of voting, if duly registered according to the provisions of this act. And by s. 8, such person shall not be entitled to vote, if such freehold was acquired by him since the 1st of {a) See Ends, Landl. <§• Ten, 17 ^ 447 ^c. k3 102 THE ELECTma FRANCHISE March, 1831, unless acquired, since that day, and pre- viously to the passing- of the act, by descent, succession, inarriag-e, marriag-e settlement, devise, or promotion to any benefice in a church, or by promotion to any office. By the 9th section, all freemen, freeholders, and per- sons, who by reason of any corporate, or other right are now by law, entitled to vote, in any city, town, or borough, and all persons, who by reason of birth, mar- riage, or service, or of any statute, shall be hereafter ad- mitted to their freedom, shall after registration, but so long only as they shall reside within the city, town, &c., or within seven statute miles of the usual place of election therein, enjoy the right of voting; provided that no persons, since the 30th March, 1831, admitted as hono- rary freemen, shall be entitled to vote as freemen. The old Franchises in Counties of Cities and Towns, The first statute respecting electors in counties of ci- ties and towns, was the 33 Hen. VIII. Ir. sess, 2, c. 1 , 5 . 2 , which directed that every knight, citizen and burgess should be chosen and elected by the greater number of the INHABITANTS of the counties, cities, or towns, being- present at the election. Various acts of parliament regulated the franchise up to the year 1795, when the 35 Geo. III. Ir. c. 29, re- pealed the great body of them ; amendments of this were made, from time to time, until the year 1823, when by the 4 Geo. IV. c. 55, the 35 Geo. III. and four of the subsequent acts were repealed as to these districts; and on this statute and the reform act, principally, now stand the franchises of the electors in counties of cities and towns. The 50/. and 20/. The franchises of the 50/. and 20/. (both for land and freehold franchises, i i ^ i &c. rent-charge) and of the ecclesiastical freeholders, esta- blished by the 4 Geo, IV. c. 55, are very nearly identi- cal with those which the previous statutes had provided in all counties, generally, and which subsisted in like manner, at the time of the passing of the reform act, and are continued by it ; but there was, besides, the 40^. FOR COUNTIES OF CITIES AND TOWNS. 103 freehold Iran cl] ise, (taken away in counties at larg-e hy The 40s. freehold the 10 Geo, IV. c, 8,) which now, by the reform act, can subsist in counties of cities and towns in those only who possessed it at the time of the enactment made, and under the circumstances which it points out. This fran- chise depended, g’enerally, on the 4 Geo, IV. c, 55, ss, 6, 23, &c. one of the qualifications imposed by which was, that the 405. freeholder should state in his oath, that he was in the actual occupation by residing, or by tilling, or grazing, &c. ; but, by s. 80, of that act, it was recited to be expedient that persons having freeholds under the yearly value of 20/. and subject only to quit and crown rent, or arising from fee-farm grants, or under leases for ever, or for lives renewable for ever, should have the power of voting although they did not reside thereon, &c., and it w as enacted, that it should be lawful for per- sons having freeholds, under 20/. yearly value, not con- sisting of a rent-charge, and liable only to crown or quit rent, to register in like manner as 20/. freeholders, in- serting the w^ords ‘‘ forty shillings ” instead of “ twenty pounds,” or “ fifty pounds,” &c. and also these w'ords, “ and that the said freehold does not consist of a rent- charge, and that it is liable to no rent except quit or crown-rent, or that it arises from fee-farm grant, or that I hold it under a lease or leases for ever, or under a lease or leases for lives rene viable for ever, as the case may 5e.” Both the recital and the form of the addition to the oath plainly make it necessary to reject the words and liable only to quit and crown-rent ” as controlling the whole clause, which, literally, they do ; and to con- •' sider them as put exempli gratia, only, — or with an “ &c.” — and I believe the act, practically, has received that construction, and has not been confined to tenants liable only to crown and quit-rent. Hence, the 405. freehold franchise was of tw'O kinds, the occupation and the non-occupation franchise ; — the latter comprising those freeholders who held in fee, or for lives renewable for ever, or who were liable to no rent except quit or crown-rent. 104 THE ELECTIVE FRANCHISE The corporate franchises. 101. freeliolders. Leaseholders as counties. Householders. Besides the freehold rig’hts, there were the corporate franchises, which w^e have already touched upon in the introduction, {a) and shall more fully specify in their proper places. The new Franchises for Counties of Cities and Towns, By the 2, 3 Will, IV. c, 88, s, 5, “ Every male person of full age, and not subject to any legal incapacity, who shall be seised, at law or in equity, of 2 i\\j freehold estate in any lands or tenements wdthin such city or town, and shall be in the actual occupation thereof, and who shall have a beneficial interest therein of the clear yearly value of ten pounds at the least, above all rent and charges payable out of the same, 1 “ Or who shall hold, as lessee or assignee, any lands or tenements wdthin such city or town, for such term, of such value, and subject to such provisions as would, under this act, (b) if such lands or tenements were situate in a county at large, w ithout the limits of such city or towm, entitle such person to register his vote for such county, “ Or who shall hold and occupy within such city or town, as tenant or owner, any house, warehouse, counting- house, or shop, which either separately, or jointly with any land within such city or town, occupied therewith by him as tenant under the same landlord, or occupied therewith by him as owner, shall be bond fide of the clear yearly value of not less than ten pounds, ‘‘ Shall, if duly registered according to the provisions of this act, be entitled to vote in the election of a mem- ber or members to serve in any future parliament for such city or town ; provided always that no such occu- pier as last above mentioned shall be admitted to be re- gistered under this act unless he shall have occupied such premises as aforesaid for six calendar months next pre- vious to the time of his registry, nor unless such occu- pier shall have paid or discharged all such grand jury (a) Ante pp. 36, 40, S^c. (d) See s,l 3 and ante p. 51, FOR COUNTIES OF CITIES AND TOWNS. 105 and municipal cesses, rates and taxes, if any, as shall have become legally due and payable by him in respect of such premises, over and above and except one half yearns amount of such cesses, rates, and taxes as aforesaid.” Taking together all the enactments of the previous acts and of the reform act, and the new forms of oaths in Schedule C. Nos, 4 to 7, we noAv proceed to enume- rate the different rights of voting, classing them under the different values where such (pialifi cation in value is required, and taking separately those (the corporate) franchises, in which pecuniary qualification is altogether thrown aside. I. The Forty Shilling Franchises. No. 1. The 405. occupation freehold franchise. The The 40s. octypa- tion freeliold sum is of the late currency of Ireland. The value must franchise, be above all charges payable out of the freehold except taxes, 4 Geo. IV. c. 55, ss. 6, 7. The freehold must not arise from a rent charge, ibid. ; nor be let, or agreed to be let to, or in trust for the persons who executed the deed, &c. or their heirs or assigns, nor intended so to be ; nor agreed to he let for the term for which the party holds it y ibid. ss. 6, 23 ; nor procured fraudulently, or in ex- change for a freehold in any other county, ibid. s. 6, and ss. 24, 26, 27, 28. The party must occupy, either by rc- siding on the freehold, or by tillingy or by grazing, or in several of those ways, to the amount of 405. yearly value thereof, ibid. It is immaterial whether the party hold the original lease, or a sublease. No. 2. The 405. non-occupation freehold franchise. piifoif'fl-eehoW^ The sum is of the late currency of Ireland; the value must be above ail charges payable out of the freehold, except taxes ; 4 Geo. IV. c. 55. 55. 47, 80. The freehold must not arise from a rent charge, ibid. ; and the party must not have procured it fraudulently, or had it fraudu- lently granted to him, nor in exchange for a freehold in any other county, ibid. And he must hold either under a fee-farm grant, or lease for ever, or for lives re- ]06 THE ELECTIVE FRANCHISE newable for ever, or else be subject only to quit or crown rent; s. 80, When the title must have vested. Residence required Ivcases to two or more jointly or in common. In both these cases those who were entitled to vote on the 7th August 1832, {queer e whether this requires that they should have been registered six months before that day; see the 4 Geo, IV. c. 55, s, 23, and semble that it does not, the period for registry being “ six months before the test of the writ, §•) And in cases w^here the fran- chise is vested in the “ inhabitants,” decisions have taken place on the distinction betw^een householder and inmate, w hich it is proper here to mention. llesolved in the Cirencester case, 1792, that no person can be deemed a householder, who does not possess an exclusive right to the use of the outward door of the building; although, by taking inmates, he may have re- linquished, for a time, the exercise of that exclusive right . neither can a person, w hose habitation is composed of more apartments than one, be deemed a householder, un- less he also possesses an exclusive right to the staircase, (rt) See also Rex v. Inhabitants of rystwith, 10 East, 354. St, Mary the Less, 4 Durnf. <§r E. (b) 2 Co, Inst. 1Q3 j 3 Ld. Glenh. 477 ; and Bex v. Inhabitants of Ale- 81. FOR COUNTIES OF CITIES AND TOWNS. door way, or other passage, that forms the means of com- munication between the several apartments ; although, by taking inmates, he may have relinquished, for a time, the exercise of that right, {a) The legal meaning of the terms householders and in- mates must be determined on the general principles of the law, not on any ideas suggested by local usage ; and if a passage is considered as a street passage, (though co- vered,) all the houses that have separate outward doors opening into that passage, are good votes.” {b) Thus, the exclusive right is the criterion between householder and inmate ; and the outward door to the building does not mean, necessarily, the gates, or out- ward door of a court or passage. The party must occupy as tenant or owner y and, there- fore, a mere care-taker for another does not obtain the franchise. But tenancy may subsist without any deed or writing of demise, or written agreement. The mere pay- ment of rent by the occupier will give him a tenancy. A tenancy for any period not more than three years may be created by w ords only (c), and such may be sufficient, possession being delivered, even before any rent is paid. The charter of Norivich vested the right of voting for corporate offices &c, in the citizens inhabiting &c. and the 3 Geo, II. Eng, c, 8 required the voter, before polling, to take an oath that he was, within 6 months last past, an inhabitant within the ward of &c. It w^as held that freemen, in the militia, quartered at Colchestet y but having dwelling houses in Norwich in w hich their families resided, and to which they resorted, at times, on furlough, (in some instances w ithin the last six months, only for the purpose of voting at elections,) w^ere inha- bitants within the charter and act of parliament, {d) The party must have occupied the premises in this manner for six calendar months next previous to his re- {d) Rex V. Mitchell^ 10 F.ast^ 115, and see Rex v. Clouting^ Mate on Meet. 317, ». (fl) Male on Elect. 206. {h) 2 Fras. 449, 451, (c) 7 Will. Ill, Ir c. I2,s.l. 116 THE ELECTIVE FRANCHISE Payment of taxes. What taxes. gistry^ ss, 6, 13, Sched C, No, 8, and therefore, he may, though somewhat less than six months in possession, serve a notice of his intention to register ; and if the pe- riod is complete on the day he completes his registry, it will be sufficient. The remaining requisite is, that the party shall have paid or discharged all such grand jury and municipal cesses, rates, and taxes, if any, as shall have become legally due and payable by him, in respect of such pre~ mises, over and above and except one half year’s amount of such cesses, rates, and taxes. Upon this enactment it is to be enquired, what are municipal rates — when a rate becomes due, and by whom it is due. (a) The expression “ municipal ” according to Black- stone, {h) denotes, strictly, the particular customs of one single municipium or free town ; and it would seem to follow, that taxes, which, either are not peculiar to the town as such, or which affect a part only of the town, are not properly municipal taxes. For the former reason it seems to be that grand jury cess is specially mentioned by the act, because it is a general tax over the whole country, though in some instances imposed by the grand jury of the municipium, being a county of a city or town. And so, parish cess, not being specially named, may, for that reason, be considered as excluded, for it prevails by a general law over tile whole country, and, besides, each particular parish, within the municipium, has its own rate, separate from the other, and such rate is not allocated to the use of the town as such. Minis- («) I was desirous here briefly to abstract all the acts in force in Ire- land relative t<. local taxation, so far as they relate to these questions. I have found, however, that not only are they much involved by clauses jiartially expired, half repealed, or superseded, but a great portion of the enactments, since the union, (con- trary to that just principle of legisla- tion which should preclude all tax- ation^ even that affecting particular places, except by the public general statutes of the realm,) are to be had only among the collections of local and personal statutes, and have not been accessible to me. If I am able, before the close of this work to ar- range any information upon the par- ticular heads, at all satisfactorily, I shall add it in an additional chapter. But the time permitted me for the compilation, is so short, that it is im- possible to stop here for the purpose. {b) 1 Bla. Comm, 44. FOR COUNTIES OF CITIES AND TOWNS. 117 ter’s money too, thoug^h peculiar to corporate towns, (17, 18 Car, II. Ir. c. 7, ante p. 72,) and often made the measure of local taxation, and tithe or tithe com- position, may be considered as excluded, for they are payments to individuals in the nature of private pro- perty, and not “ municipal.” It is true, indeed, that where, in England^ the fran- chise was vested in the inhabitants of a town “ paying scot and lot,” it has been held that paying the poors’ rate, was paying scot. Scot, (Saxon, sceai) means a part or portion, (a) and to pay scot means to pay a por- tion of any assessment; so “ lot” means a share; and as parish rates were universal, they came to be the general criterion, and thence it has been established that “ to pay scot,” means to pay parochial taxes, and “ to bear lot ” to perform parochial duties and discharge parochial offi- ces. (/;) This proves that the franchise of a rate-payer is established by the payment of parochial taxes ; but it does not prove the proposition, that a parish rate is a municipal tax. The cesses, rates, and taxes, which appear more pro- perly to come within this designation, are those which are imposed generally upon the town for public pur- poses, and for the general benefit of the inhabitants; such as, for lighting — cleansing — paving — watching. The time when a tax becomes payable may be regu- lated either by an act of parliament fixing a given day in the year for its payment, or, as in cases of assessment, upon certain acts being done. The applotment, when de- livered by the applotters to the collector, will, in general, create the duty of paying; but it is sometimes required that a warrant shall be made out upon the return of the applotment, and in such cases, it seems, the duty does not arise until the delivery of such warrant to the collector. (a) Cowell. Interpr. voce Scot. Clifford, 2 Southwark case 376, w.; {b) Sea/ord. 3 Lud. 82, notes and and Tamworth case, 1819, Male on 123 ; 3 Ld. Glenb. 75 8^ 126 ; Sim. 21 ; Elect. 205, n. 1 Ld. Glenb. HO j 1 Peckw. 103 j When due- 118 By whom due. The 20/. non-occ pation freehold franchise arising from land, &c. THE ELECTIVE FRANCHISE The person from whom the payment is legally due, is, in general, the occupier ^ Le, the occupier at the time of the applotment (and warrant, if any, thereupon). The subsequent occupier will be liable to distress in most cases, but it does not follow that the rate is a legal debt due by him. The 36 Geo, lIL Ir, c, 55, s, 95 (a), how- ever, enacts that every grand jury cess shall be paid by the person or persons occupying the land at the time it is levied. The 9 Geo, IV. c, 82. for making provision for the lighting, cleaning, and watching of towns in Ireland, enacts, s, 41, that the immediate tenant or occupier, tenants or occupiers, of premises charged with any ap- plotment under this act, shall be deemed chargeable; provided that if the premises or any part thereof be te- nanted by the month, or any shorter period, the person holding or occupying may in all cases deduct the sum levied from him from his rent ; and subsequent occupiers (s. 42,) may recover the amount levied upon their goods from the persons primarily chargeable. Ill, The Twenty Pound Franchises, No. 8. The 20/. freehold franchise arising from land, &c. (and not arising from a rent-charge). The sum is of the former currency of Ireland, The annual value must be above all rent and charges, except taxes. The free- hold must not have been accepted or procured fraudu- lently; or in exchange for any freehold in any other county, city, town or borough, 2, 3 Will, IV. c, 88. Sched, C, Vo. 4; 4 Geo, IV. c, 55, ss, 4, 23, 24—28. Actual occupation is not necessary ; nor is it material whether the party is the original lessee, or an underlessee, or the assignee of either, (d) (n) App.p,12l. (b) It will be observed that the 9th section of the reform act, requiring residence from freemen and others previously entitled to vote at elections in cities, towns and boroughs, appears to embrace, generally, all “ free- holders” and persons who by any right are so entitled. This, in terms, would impose that qualification upon 20/. and 50/. freeholders and rent- chargers in counties of cities and towns, and those boroughs ( Mallow and Dungarvan) where freeholders vote, whilst certain classes (lease- holders^ ^c,) obtaining their fran- chises in such counties of cities and towns would not be subject to such restriction. It can scarcely be con- ceived that it was intended now so to FOR COUNTIES OF CITIES AND TOWNS. 119 No. 9. The 20/. freehold franchise, arising from rent- The m. freehold charge. The sum is of the former currency of Ireland. chTrgel^ The value must be “ above all charges payable out of the same;” the party must be in possession thereof to the clear amount of 20/. yearly, and entitled to receive the same as it becomes due, to and for his own sole use and benefit ; and he must not have procured or accepted it fraudulently ; or in exchange for a freehold in any other county, city, or town ; 2, 3 Will. IV. c, 88. Sched C. iVo. 5 ; 4 Geo. IV. c. 55. ss. 5, 23, 24—28. (a) No. 10. The 20/. franchise of a term not less than 14 The 20/. occupa- years. By s, 5 of the reform act, this is the same as the yea?J. * county franchise. No. 7, Ante p. 59. No. 11. The 20/. franchise of a term not less than ] 4 The 20/. non-occu- years, in the lessee or assignee of the original lease. By a term of H years. s. 5 of the reform act, this is the same as the county franchise No. 8, Ante p. 59. IV. The Fifty Pound Franchises. No. 12. The 591. freehold franchise arising from land^ The 50/. non-occu- &c. (and not arising from a rent charge.) (a) franchisrof Unds. &c. No. 13. — The 591. freehold franchise arising from The 50/. freehold rent-charge, (a) The sum is of the late currency of Ireland^ and, with the difference in amount only, these franchises are the same as the 20/. freehold franchises, (Nos. 8 and 9,) above mentioned except that a distinction is made in favor of the superior qualification in the particu- restrlct these franchises, because, in their origin, they were intended otherwise, and no other clauses of the act show any intention so to vary them. And it is to be remarked that this section is introduced as a Tproviso upon s. 8, which treats of freeholds “ under the value of ten pounds,” — and the oaths and certificates of the 20/. and 50/. freeholders, and rent- chargers, Sched. C, Nos. 4^5, and Sched. D. No. 1, are silent as to resi- dence ; whilst Sched. C. No. 9, is On. titled « the oath to be taken by rest, dent freemen and fort^ shilling free- holders whose rights are saved^' and Sched. D. No. 3, is the certificate of a “ resident forty shilling freeholder.” These appear sufficient to warrant the implying of “forty shilling” with « freeholder, &c.” in the 9th section, (a) See the last note. 120 THE ELECTIVE FRANCHISE General observa- tions. Honorary freemen. lars of registry^ viz. that the claimants may register free- holds of this value upon oaths made in the superior courts of record in Dublin^ or before a judge at the as- sizes ; 5. 46 ; 4 Geo. IV. c. 55, s. 9 : see, however, the provisions as to the first special registry sessions. V. The Ecclesiastical Franchise, No. 14. — Clergymen must now register their freeholds, and they must register as freeholders under this act, 2, 3 Will. IV. c. 88, s. 63. It seems open to them to register as 20/. freeholders as in No. 8, and they are allowed to register in any of the modes permitted to the 50/. free- holders; s. 46. Those who held the franchise before the passing of the act may register as 405. freeholders as of the class. No. 2, ante 105. (a) Even before this, as the 4 Geo. IV. c. 55, which repealed the 35 Geo. III. c. 29, did not contain a clause similar to the 40th section of the 35 Geo. 111. it was considered that a rector, vicar, or curate could not vote at an election for a county of a city or county of a town, unless he had duly registered his freehold. (5) The general observations as to the detail of the seve- ral franchises, given above as to the county franchises, Ante, pp. 62 to 101, apply equally to those in counties of cities and towns, above mentioned, except the house- holder’s franchise. No. 7, which alone, therefore, we have treated of at length. VI. The Corporate Franchises. No. 15.— Honorary freemen. The reform act distin- guishes those who are admitted to their freedom of rights from those who are admitted at the discretion of the cor- poration of the place ; and these latter, under the deno- mination of honorary freemen, are excluded from the elective franchise unless admitted on or before the 30th oi Marchy 1831 ; 5. 9. {a) Sec above i 60, 61, and 118 (6) O' Loghlen on Elect. 66. note (b). FOR COUNTIES OF CITIES AND TOWNS. Admission is an essential requisite to this franchise, and occasional! ty was formerly a valid objection to it ; but the practice of admitting* occasional freemen, was checked by the Durham act (3 Geo. III. Eng. c. 15,) as in Irelandy by the 4 Geo. IV. c. 55, s. 32, which enacted that no person should be admitted to vote as a freeman, whose freedom had not come to him by service, birth- right, or marriage, unless he was elected or admitted to his freedom, or his freedom granted to him six calendar months at the least before the teste of the writ for hold- ing the election. The Durham act, it was decided, did not apply to c«- pital burgesses (a) : and it was held also, that, since the act, the objection of occasionality did not lie against freemen made more than the specified time before the election, even where it was admitted that the voters w^ere made for the purpose of voting at the election. (5) No. 16. Freemen by birth. This franchise may, ac- cording to custom, subsist under various modifications. It may be in all the sons of a freeman born after he was admitted to his freedom, as in Derby ^ or in their eldest sons only, as in Limerick. A very material question arises upon this franchise, viz. whether it will vest in the son of a freeman who was not himself entitled to be an elector ; for instance, in the son of one admitted to honorary freedom since the 30th of March, 1831 ? The English reform get, 2, 3 Will. IV. c. 45, s. 32, expressly provides, “ that no per- son shall be entitled as a burgess or freeman in respect of birth, unless his right be originally derived from or through some person who was a burgess or freeman, or entitled to be admitted previously to the 1st of March, 1831, or from or through some person, who, since that time, shall have become, or shall hereafter become a burgess or freeman in respect of servitude.” There is a difficulty in supposing that a person not himself an elec- (a) Harwich, 1 Peckw. 400. gb) Bedford, 2 Ld. Glenb. 87. H 121 Freemen by birth. 122 THE ELECTIVE FRANCHISE tor, nor entitled to be so, can leave his posterity in a better situation than he himself was (a) ; and perhaps, this clause in the act for England may be considered merely declaratory of a necessary consequence of the previous enactment. marriage. This franchise usually is, that all those who marry the daughters of freemen are entitled. This franchise is subject to a question similar to that upon the franchise by birth, viz. whether marrying the daughter of a freeman, who was not an elector, or en- titled to be so, can confer the right ? The reform act for England does not mention this franchise at all, but some of the older acts do, as 3 Geo, III. Eng, c, 15, s, 1. Whatever rule governs the franchise by birth must, obviously, rule this also. Freemen by ser- No. 18. Freemen by service or apprenticeship. This franchise usually is, that persons, who have served a certain term, as seven years’, apprenticeship to freemen, are entitled. If the freeman, to whom the apprenticeship was served, was not himself entitled, as such, to the elective fran- chise, will the apprentice be entitled ? If the master was not a freeman at the time the apprenticeship com- menced, but obtained it subsequently, will this confer the franchise? These are questions on which I have not found any governing authority ; the latter, it seems, must be a question whether the custom or prescriptive right embraces the case, which is a question of fact to be determined by the usage. The franchise was — “ being apprentice to some bur- gess or burgesses, dwelling in the borough, by the space of 7 years a person was bound to three partners, one only of whom was a burgess. He resided for five years only, and then left the town, but the trade continued to be carried on in the names of all, the other two residing, and each had a share in the profits. Held a good vote. (5) An apprentice bound to a freeman, resident only oc- (a) See Worcestevt 3 Ld, Glcnb. 169. (6) Derby, Handcock 4' Mattock's case, 3 Ld, Glenb, 159. FOR COUNTIES OF CITIES AND TOWNS. 123 casionally, and whose service is performed at another place, is not entitled, (a) A quaker, who had served an apprenticeship of seven years, was held entitled to he admitted upon his solemn affirmation. (Z>) A bye-law of a corporation enacted, that no apprentice should be entitled to freedom unless he should 4 months after the date cause the indentures to be enrolled by the town clerk ; it was contended in v. Marshal^ that such bye-law could not alter the ancient constitu- tion, (c) but no opinion was given by the court on this point. It is said that in Limerick the corporation now refuse to admit, unless the indentures are enrolled in the town clerk’s office, within six months after they are passed; but as it never was the custom to do this, (c?) it is doubted whether there is even sufficient ground in fact to raise the objection. And now the statute 4 Geo, IV. cap, cxxvi, having declared the right, without qua- lification, any bye-law of the kind, attempting to qualify or restrict the franchise must be wholly void. Residence is frequently made a qualification to the cor- observa- porate franchise in its origin, as at Derby (e), and in 7rc- land by the 10 Hen, VII. c, 7. it is enacted that no city or great town admit any person to be alderman, juror^^, or FREEMAN, but such as have been prentice, or been continually inhabit therein. Afterwards by the 21 Geo, II. Ir, c, 10. s, 8, which re- cites the difficulty of getting fit protestant inhabitants to elect into the office of burgesses and other offices^ it is enacted, that no person elected and admitted into any of the said offices or franchises in any town corporate or borough, not being a city, shall be ousted of any such office or franchise as aforesaid, by reason only of his not being an inhabitant of or resident within such town cor- porate or borough at the time of his election. (a) Bexv. Marshalli^Durnf.SfE.Q,, (b) Rex V. Morris, Carth,¥&i 1 Ld. Ray. 337, 5 Mod. 402. (c) 2 Durnf. ^ J5. 3. (d) Rep. Ir. Round, Comm.p.^l. (e) 3 Ld. Glenb. ; Rex. v. Mar.. skal, 2 Durnf. ^ E. 2. (/) i.e. semhle,jurate ; a sworn as- sistant to the mayor or other chief officer, for the government of a cor, poration, being in the nature of aider- men, Cow. Interpr, voce Jurats.'*' See Ante, p. 22. / 124 THE ELECTIVE FRANCHISE This act, expressly, does not relate to cities^ and it seems also not to relate to the mere franchise of a free- man; for that is not an office^ and, as I understand the act, it applies only to elections and admissions to cor- porate offices. And according to this construction was the decision in the case of the city of Waterford (a), where it was shown “ from the general law of Ireland as enacted hy stat. 10 Hen, VII. c, 7., and by 15 Hen, VII. c, 4.,” (I do not find any such act,) “ from the charters, bye laws, and usages of the city of Waterford^ and from the return made by the corporation themselves to a writ of mandamus^ issued July 4, 2 Geo, III., that persons, claiming to be admitted free of the city, must be resident therein, or in the liber- ties thereof, at the time of their claim and admission.” So also in the case of the city Limerick (5) ; and the franchise as to this city is further established by the act 4 Geo, IV. f Publ, Loc, Pers,J cap, cxxvi. (c) In the case of Wexford also {d)^ where the corporation had accepted a charter from Jac, I. in which freemen re- siding in the town were made the “ community,” al- though residence had not been required as a qualification on admission, for 40 years, the committee held that free- men not resident at the time of their admission had no franchise. Non-residence may be established, by showing that the addition of place, annexed to the voter’s name in the entry of his admission, is without the limits of the borough (e), that being primd facie evidence of non-residence. So evidence of an old witness that the voter did not reside in the town within his memory, reaching back to the time of admission, was held sufficient, although not positive in all respects, {f) But, it seems, the objection is removed, if it be proved that the voter was sworn a member of the corporation more than six years before the election. (^) (а) 1 Peckw.2Hy2iO. (б) App. II. (c) App. I. Part iv. (dj App.ll, {e) Wexford, App. II. (/) Ibid. Devereux's case, (g) Ibid. Roper's case. FOR COUNTIES OF CITIES AND TOWNS. 125 A person having prior connections with a borough town, previously to his election to the office of bailiff, for which residence was a necessary qualification, took a house at first for four years, but afterwards, at his land- lord’s request, for one, and slept there one night before the election, and did not return again for nearly a month afterwards, when he stayed two days, but retained pos- session of his house under his lease the whole time ; the taking of the house appearing to the court to be bond fidcy that was held a sufficient legal residence to satisfy the qualification required, (a) Now, also, by the 2, 3 Will. IV. c. 88. s. 9, ^ Sched. C. Res^ence required y > J > > V by the reform act. No. 9, in all cases, the party must have been, for the last six months previously to his registry, a resident within the city or town, or within 7 statute miles of the usual place of election ; and the right of voting is conferred so long only as he shall so reside. Where the admission depends on election, the legality Election, of the election is material. Freemen elected by batcheSy Batches, i.e. a separate question not having been put upon the ad- mission of each, are unduly elected; and the votes cannot stand, unless it be shown that the defect has been subse- quently cured. It will be inferred, too, that they were elected in a batch, if all the names be contained in a single entry of admission, {b) In the case of the city of Kilkenny y February 1778, it was stated that in a former case of the corporation of Wexford it had been determined that freemen could not be admitted in a lump. In the Kilkenny case, the evi- dence was somewhat contradictory ; but that given on the part of the sitting member, upon which the committee resolved, “ that the mode of proceeding at the assembly did not invalidate its acts,” was as follows: — an alderman produced a list of gentlemen to be made free, and said he hoped it would be agreeable : he was seconded, and the list was read until the town clerk came to some names (a) Rex V. Sargent ^ 5 Durnf. ^ E. (6) Wexford, App, II. S6. M 3 126 THE ELECTIVE FRANCHISE Presiding officer* SummonSj &c. Foundation of the six years title. who were not agreeable, then one was struck out by con- sent, &c. and the list was read over again after the disagree- able names were erased; and the question was put whe- ther the names, (remaining after the alteration,) should be entered ; some said “ Aye^’ and there was no negative. Mere length of time will not cure the defect, nor the having acted as freeman in elections, or otherwise, more than six years before, where it appears that the party has been sworn as a freeman within six years, and no proof is given of his having been sworn before («); for the re- cent swearing furnishes a presumption that he was not sworn before; and this was held to be rebutted only by proving that certain persons so sworn had been actually sworn more than six years before. But that being done, it seems, the objection to a ‘‘batchman” is removed. Again, the legality of the admission will depend on this : — the presiding officer must not only be in posses- sion of the office de factOy but he must be entitled to hold it de jure. The vote has been deemed bad, too, when a corporator was elected at a meeting, for which there was no summons of the corporation to elect him, and which had been summoned for another purpose. And where the charter required that a corporator should be elected within eight days after the death of his pre- decessor ; an election, not upon a mandamus, after that period, was held void. So where the predecessor, who had gone abroad, w as not regularly amoved ; and where some of those who had elected, had no title their offices (6), unless the major part were qualilied to elect, (c) Under the statutes respecting writs of quo warranto (9 Ann, Eng, ' c, 20, 19 Geo. 11. Ir. c, 12,) the Court of King’s Bench refused to grant the w^it w here the corpo- rator w^as in possession of his franchise for 20 years ; and they afterwards abridged the period to six years (d), but as the rule did not bind the Crown, it w'as enacted (32 Geo. III. Eng. c, 58, 38 Geo, III. Ir, c. 2,) that defend- (o) Ibid.; Codd^s case, ^c., and St. (c) Glasgow case, 2 Peckw. 381. George's case. (d) Rex v. Pickin, ^ Reg. Gen, 4. Thetford case, Male on Elect. Durnf. ^ E. 282, 281. FOR COUNTIES OF CITIES AND TOWNS. 127 ants to such informations may plead the holding the of- iice or franchise for six years before the exhibiting of the information, to be computed from the day on which the defendant was actually admitted and sworn into such office or franchise. And it is further provided, (38 Geo, III. s, 3) that if the party shall derive title under an election, nomination, swearing into office, or admission by any person or persons, his title shall not be defeated by defect of title in the person electing, nominating, swearing into office, or admitting, if such person was in exercise de facto of the franchise or office for six years previous to the filing of the information, and his title not questioned by any legal proceeding carried on with effect. The general requisites to a complete corporate title consist of, 1. Admission. 2. Being sworn. 3. Stamp on entry &c. of admission. By usage, one may be a freeman by right, without ad- mission; — thus it was resolved in the case of Sudbury ^ (A. D. 1703) “the sons of freemen born after their fa- thers were made free, and such as have served seven years apprenticeship in the borough had a right to vote without any admission in form, to their freedom, or taking the oaths of freemen;” — in Guildford^ (A. D. 1711,) “that one, who has served a seven years’ ap- prenticeship in the town to a freeman, is ipso facto a freeman.” {a) By the Durham act (&), the admission must have been a year before the election, except in respect to persons entitled to their freedom by birth, marriage, or servi- tude ; although the entry upon stamp was held to be sufficient at any subsequent period, even during the poll, if prior to the voting (c), but not after, {d) Persons within the exceptions in the Durham act 1 Ld.Glenb, 271, 2 ; 2 Ld. Glenb. (6) 3 Geo, III. Eng. c. 15. (c) Cardigan., 3 Ld. Glenb, 288. 208, (d) Drogheda, Corb. % D, 109. Admission. 128 THE ELECTIVE FRANCHISE Due diligence. were held cjualilied, though admitted after the teste and issuing of the writ of election, {a) “ It was admitted on both sides, in the Bristol case, that if the votes of those persons who were admitted to their freedom after the teste of the Avrit, ought to be struck off, Mr. Brickdale would have a clear majority over Mr. Burke, and vice versdr The determination of the committee, therefore, by declaring the latter to be duly elected, established the validity of those votes ; “which decision,’* the reporter adds in a note, “ would probaby establish the general va- lidity of votes to which the only objection was, that the admissions were after the teste of the writ.” (Z>) Where it appeared that many persons were admitted to their freedom immediately previous to, and during the election, Avhose admissions were paid for by an agent of the sitting member, the sitting member was, nevertheless, declared duly elected, (c) A new rule has been established of late years, in con- formity with certain decisions of courts of law, with res- pect to freemen, who, having been improj)erly admitted, have been suffered to remain members of the corpora- tion, the legal means for ousting them not having been adopted. Formerly it was allowed to the opponents by Avhom their votes were disputed, either to prove a corrupt admission, or due diligence to oust them of the franchise ; and in either of those alternatives the votes were reject- ed. But it noAv seems to be established, that due dili- gence must be used, by an application to the King’s Bench, if there has been time, to enforce an ouster by quo warranto ; and that a committee will not try inci- dentally a question of right for the direct decision of Avhich there exists a court of competent jurisdiction, {d) In the case of Weymouth (e) objection Avas made to the votes of three capital burgesses Avho had been elect- ed 20 years before and had continued to exercise the franchise ; it had lately been discovered that previously (а) Bristol, 1 Ld. Glenb. 245, 288, () A voter was objected to as not having been admitted till after the election. He came to Oakhampton on Sunday y the day before the election, and applied that evening to be admitted a freeman under a bye-law of the corporation as eldest son of his father. It was said in his favour he applied as soon as he could : it was urged against him, that the mayor was not bound to hold a court on Sunday y and there was no opportu- nity of holding one on Monday before the election be- gan. His vote was holden good. (6) Another voter applied to the mayor to be admitted on the Saturday y just after the court had been held ; he died soon after the election without being admitted, yet the committee held his vote good, (c) And when a manda- mus was pending during the election, and the voter ten- dered his vote, and a verdict was afterwards found in his favor, the committee established the vote, {d) The application ought to be made to those in w^hom the power of admission lies, and be accompanied with a tender of a stamp, or the amount of the duty, and an offer to perform all preliminaries requisite, as the taking of oaths, &c. Where the usage was for those who had served an apprenticeship, to a freeman to apply by peti- («) Skeph. on Elect. 40. 1 Peckw. Shreivshury, 1 Ld. Glenb. 464, 470 ; 470. Derby 3 Ld Glenb. 300, 567. (b) Oakhmnpton. 1 Eras. 166; {c) Oakbamptonf 1 F? as. 167, (tf) Shrewsbury, 1 Ld. Glenb. 644 FOR COUNTIES OF CITIES AND TOWNS. 131 tion to the corporation, in a corporate assembly, and a party, in 1826, presented such a petition to them, unac- companied by a stamp, &c., and afterwards petitioned the mayor sitting alone, and tendered a stamp, &c., and proceeded by mandamus in 1829, it was held he was not entitled to vote, (a) One of the grounds of the petitioner’s complaint in Being sworn, the Drogheda case, (b) was, that persons had been ad- mitted to poll, who, either had not taken the freeman’s oath, or had not taken it before the proper officer. To W.’s vote it w^as objected, that the oath had been ad- ministered to him on the hustings by the town-clerk alone. The town-clerk had been in office six years, and had always administered the oath, sometimes before the mayor, at corporate meetings : sometimes when he was sitting at the Tholsel, sometimes at his own house, &c., and to several at the hustings. It was contended that a freeman must be sworn in before he can vote, and the oath must be taken before a competent officer ; the swear- ing, though a ministerial act, must be before the proper corporate authority, although a corporate meeting is not necessary, except by direction of the charter. The com- mittee resolved, that ‘‘ freemen sworn in by the town- clerk, unaccompanied by any other authority are not en- titled to vote as freemen of Drogheda^ But where the mayor and another corporate magis- trate were supposed to be constructively present, the vote was allowed. They sat in a room, with folding- doors towards the court, constantly open, and were em- ployed in administering oaths to freeholders ; the town- clerk administered the oaths to the freemen openly at the table in the court, and one of the sheriffs stated, that, when on the hustings, he could see the mayor and the other magistrate administering oaths in the adjoining room. The committee resolved that the town-clerk was accompanied by a competent authority, (c) (а) Wexford, App, 11, (б) Corb, Us D.d'i. (c) Ib, 99. 132 THE ELECTIVE FRANCHISE Stamps. This committee required evidence to show that the freeman had been sworn, in all cases where the fact was not stated in the entry of the admission, but when the fact was properly recorded they assumed that he was properly sworn. The usual entry was, admitted and sworn.” Another entry was, admitted a free member on the usual terms' The town-clerk said this meant paying the usual fee, a fine of 205., for taking the freeman’s oath. Another voter, the entry of whose admission was in the same form, had obtained a stamped admission containing a cer- tificate of his having taken the oaths under the corpora- tion seal, and signed by the town clerk. The committee resolved that this certificate could not be received in evi- dence, in support of the vote in question, {a) A certificate under the corporation seal, signed by the town-clerk, stating, — “ Be it remembered that P, H. at a general assembly^ took the usual oaths and was ad- mitted,” — was held sufficient evidence, although it was objected that it did not show that the town-clerk was accompanied by a proper authority, nor mention where or in what manner the oath was administered. (Z>) A voter elected a freeman in 1803, and sworn into a ^corporate office (burgess) in 1813, was held good, al- though there was no entry of his having been sworn a freeman, (c) So service of the office, either of mayor, alderman, sheriff, or common councilman, was received as evidence of having been sworn in. (d) And where several persons had been sworn in six years before the day on which they polled, the Committee resolved, that they could not receive evidence to impeach their corporate rights, (e) The freemen of a corporation regularly ought to be admitted and enrolled in the corporation books, and the entry of admission stamped, but such evidence of the (a) Corh. Sf D. 101. (d) Drogheda, Corb. % D. 106. (fi) Ibid. 105. (e) Evesham, Corb. 4 D. 51. and (c) Wexford. App. II. Roper's Case, see ante, pp. 125, .126, FOR COUNTIES OF CITIES AND TOWNS. 133 admissions enrolled on stamps is not always required ; and where persons derived their claim to their freedom from the antecedent title of birth, — had exercised all the rio^hts of freemen, and that of voting for members of Parliament among the rest, for twenty years and up- wards before the last election, — and had demanded to be enrolled, (and offered to prove that at their birth their fathers exercised and enjoyed the rights and franchises of freemen,) but were refused, — it was held they had a right to vote, though they could not produce evidence of their admission enrolled on stamps.” {a) A stamped admission, though not on the corporation books may be received in evidence ; as where it appeared to have been the custom, for the town clerk to keep the stamped admissions together in a roll, instead of putting them in the book of the corporation. On this roll the admission of the voter was entered, on a proper stamp, corresponding with the entry of the voter’s admission in the corporation books. It was resolved — “ That the ad- mission of the voter appeared to have been entered on stamped paper, according to the provisions of the act of parliament.” {b) So where stamped admissions, kept on a file, had been afterwards sewn together in one roll, they were received as within the provisions of the Stamp Act. (c) Proof of admission, with the service of a corporate office, is evidence of admission under a stamp. Where it appeared the voter had been admitted, but no stamped entry of admission was produced, his service of the se- veral offices of mayor, alderman, and sheriff, was holden sufficient evidence of the stamping, {d) A freeman was admitted in 179o, and sworn, at the election, in 1829. A few days before the election, the mayor, (to whom the town clerk had handed the corpo- ration book,) was required to have the book delivered to (a) Sudbury^ 2 Ld. Glenb. 132, 175, 6, (c) Drogheda. Corb, Sc D 109. Worceste? , 3 Ld. Glenb. id) Ibid. ’ (5) Evesbam, Corb, ^ D, 51. N 134 THE ELECTIVE FRANCHISE Resignation. Dissolution of the Corporation. Rights said to pre. vail in the several cities and towns. the distributor of stamps, to have the stamps affixed to various unstamped admissions. The mayor and town- clerk both refused to interfere, and separate stamps were then purchased ; and, these being produced to the com- mittee, the vote was held good, (a) And the purchase of the stamp was held sufficient, although the officer, who held the book, was not informed of the party’s name whose admission was unstamped, and the person who re- quired the mayor to hand over the book was not autho- rised thereto by the individual freeman, {b) Where a burgess, elected more than six years before the election, was not sworn until within six years, the want of a stamp upon the entry of his admission as a freeman, it was held, was not cured, (c) So a freeman admitted in 1813, but not sworn, {d) A corporator had tendered his resignation to the mayor before the election ; the mayor had kept the tender in his pocket, and had not called a meeting for the purpose of accepting it, and the vote was held good, (e) It is not necessary that a corporation should remain entire in all its parts, to exercise the right of voting ; as, where the mayor and all the aldermen but one were gone, and there remained but the alderman and 5 freemen, they were held entitled to vote. (/) From the report of the Irish boundary commissioners, and the decisions which have taken place, it appears that the honorary franchise prevails generally, and the other corporate franchises, in the several counties of cities and towns, are stated (with one omission) to be as follows; — Carrickfergus, — [Not stated]. Cork, — Eldest sons of freemen; and apprentices who have served freemen for seven years, (g) Drogheda, — Sons of freemen, entitled by birth; and apprentices of freemen, entitled by servitude. (A) . (а) Wexfordi App. 11. Hall’s case, (б) Ibid, Gainfort’s case. (c) Ibid. Evans's case. (rf) Ibid. Horton's case. See fur- ther in the case of Coleraine^ a note of which shall be inserted in App. II. if I can procure it in time. 20 ^!^ Banbury case, Male on Elect. C/) HeUeston case, 2 Ld. Glenb. 25, and see Male on Elect. 315. (g) Rep. Ir. Bound. Comm. p. 37. (A) Ibid.p.'ib. FOR COUNTIES OF CITIES AND TOWNS. 185 Dublin, — “ Freemen who pass through the guilds can- not vote at elections until they have been confirmed by the common council. Birth and servitude (a) are consi- dered as inchoate rights, but the common council have the power of rejecting persons claiming under them, even after they have passed through the inferior guild. They also exercise the right of making freemen at large or freemen of the city, independent of any guild.” {b) It seems, that though there may be an inchoate right to be free of the inferior guild, there is none as to the corpora- tion at large, all the freemen of which (and in such only is the elective franchise) must, therefore, be honorary : AntCy pp, 43, 44 ; except those claiming by statute as next to be mentioned. Galway, — The corporation, by the charter, was com- posed of various guilds or societies of trade. But the franchise under the 4 Geo, I. (which shall presently be mentioned,) having offered an easy access to Protestants, without the fine of 205., or proof of apprenticeship, which were necessary in the guilds, and the 1 Geo. II. Ir. c. 9% s. 7, having wholly disfranchised Roman Catholics, the guilds fell into disuse and ceased to exist. There have been associations called guilds, formed in 1793 by the Roman Catholic traders, with a view to revive the old institutions, but they have not been recognised by the corporation. There are no freemen by birth or service and all the freemen are honorary, except those claiming by statute, (c) Kilkenny, — The privilege of freedom is in the sons, sons in law, and apprentices of freemen, without restric- tion as to number, and is, besides, extendible by favour to others, at the pleasure of the corporation, (d) Limerick, — The eldest sons of freemen, — and persons who have married the daughters of freemen, and persons who have served 7 years apprenticeship to freemen. id) “ Marriage” ought to have been added. (d) Jlid, 51, 52. (c) Ibid. p. 11. id) Jbid.p. 81. 136 THE ELECTIVE FRANCHISE Freemen by sta- tute. Statute of 13, 14 Car. 11. Waterford, — “ The inhabitants of the city, who shall be free by birth, marriage, or apprenticehood.” {a) No. 19. The franchise of freemen by statute, which the reform act preserves, had its origin in two sources, which it is proper to mention separately. — The first arises by the 14, 15 Car, II. Ir, c, 13, amended (for a time by the 4 Will, ^ M, Ir, c, 2, and 2 Ann, Ir, c, 14, and finally,) by the 4 Geo. I. Ir, c. 9. — The second comes from the “ New Rules” 25 Car. II. made in pursuance of the 14, 15 Car, II. Ir. c. 2, s. 185, and 17, 18 Car, II. Ir. €. 2, s. 82. The 14, 15 Car, II. Ir. c. 2. (A.D. 1662,) sets forth the decay of trade and manufactures in Ireland, and the desire of the legislature to induce strangers and others to transport themselves and families into the kingdom by making them partakers of its privileges ; and it enacts {s. 1,) that every person born out the king’s dominions, of the Protestant religion, and all merchants, traders, and dealers, in any goods, wares, or merchandizes, artisans, artificers, or others working or manufacturing any goods or commodities, or any mariners or seamen, who were then inhabiting in the kingdom and all others who should within seven years transport their stocks and families into the kingdom with intent that themselves and children after them should reside, should, after taking the oaths of allegiance and supremacy, &c., as thereby directed, be deemed the king’s natural subjects. The 2d section enacts, that every person and persons, as well strangers and aliens, as his majesty’s subjects of the Protestant re- ligion, being traders, artisans, artificers, seamen, or other- wise skilled in any mystery, craft or trade, or in the working or making any manufacture or art of navigation, then residing or who should at any time thereafter come into any city, borough, privileged and incorporated town or place, with intent there to reside, should, upon rea- sonable suit or request made, and upon payment down or ip) Jhid. /). 134. FOR COUNTIES OF CITIES AND TOWNS. 137 tender of 205 ., by way of fine, to the chief magistrate or magistrates and common council, or other persons autho- rised to admit and make freemen of such city, town, or corporation, be admitted a freeman. It adds, that every such person so admitted to be free shall thenceforth be deemed denizeuy and, by 5 . 3, it is provided that all strangers, artificers, and others, to be admitted freemen as aforesaid, before he or they be admitted^ shall take the oaths of supremacy and allegiance^ and also the oaths ac- customably taken by freemen of the city, &c. and shall pay^ bear and sustain such offices and charges as freemen bear and pay. It is also ( 5 . 4,) made penal to refuse to admit them, and every trader, artificer, artisan, workman or sea- man, so denied to be admitted, upon tender by him made of 2 O 5 . by way of fine as aforesaid, and taking the oaths of supremacy and allegiance as aforesaid, before any jus- tice of the peace of the county next adjacent to such city, town, or corporation, or wherein it is situated, shall thereupon, by virtue of this act, be deemed and taken to all intents and purposes to be a freeman of such city, &c. in as large and ample manner as if he had been admitted a freeman thereof, taking the usual oaths, (which any justice of peace near adjoining shall have power to admi- nister,) and bearing and sustaining all such offices and charges aforesaid. This act, as to the naturalising the strangers thereby intended to be naturalised, had continuance only for seven years, and so much of it as had expired was revived and continued for 7 years by the 4 WilL ^M, ( A.D. 1 692) ; and again, by the 2 Ann, (A.D. 1703,) the said act and every clause therein, “ so far forth as the same concerns or re- lates to the encouraging of Protestant strangersf was revived for 5 years; and finally, by the 4 Geo, I. (A.D. 1717,) the said act and every clause therein, “ so far forth as the same concerns or relates to the encouraging Pro- testant strangers f other than the clause which exempted them from payment of excise, is revived, and shall be in N 3 1S3 THE ELECTIVE FRANCHISE The new rules, full force to all intents and purposes for ever. The 3d section enacts that the freedom of the city, borough, or town corporate shall not be of any use longer than while the party shall dwell or reside therein. The 4th section exempts Protestant strangers, so settling, from corpora- tion taxes and offices for seven years. It will be observed that the clauses conferring the free- dom of cities, towns, and boroughs, permanent enact- ments. The 1st and 7th sections, of the 14, 15 Car, II., as to naturalisation, plainly applied to persons not Pro- testants, though they are perpetuated as to Protestant only. The words of the 2d section seem equally plain — as well strangers and aliens, as his majesty’s subjects of the Protestant religion — and by these the act offers a franchise to strangers and aliens of every religious deno- mination, although it extends to those only of the king’s subjects who are Protestants. The statutes 13, 14 Car, II. c, 2, and 17, 18 Car, 11. c, 2, which authorised the making of new rules for the better regulation of cities, walled towns, and corporations (both new and old) did not restrict the powers they conferred by any provision as to the creed of the corporators ; and the new rules themselves, which, in the detail, are very simi- lar to the above mentioned provisions of the 14, 15 Car, 11. c, 13, apply to “ dSS. foreigners^ strangers^ and aliens, as xoell others as Protestants,^^ Upon this, questions have been raised, whether “ foreigners” and “ strangers” might not mean something different from “ aliens,” and include persons in the king’s allegiance, born out of Ireland^ and even such Irish as did not belong to the city, town, bo- rough or liberty, and came from other parts of the coun- try to settle there. The better opinion, however, has been unfavourable to such a construction. I am in pos- session of a very perspicuous opinion, upon the nature of the franchise, and the safest mode of proceeding to esta- blish it, given by Mr. Serjeant O^Loghlen, and I gladly avail myself of the opportunity to abstract it. I. Aliens and foreigners, not being subjects of his ma- FOR COUNTIES OF CITIES AND TOWNS. 139 jesty, (save so far as the act makes them liable to be con- sidered as such,) and being such persons as are described in the 14, 15 Car, 11. and the new rules, are entitled to the freedom during their residence. II. English and Scotch Protestant traders, &c. [and so, also, Protestant traders, &c. from WaleSy Guernseyy Jersey y Alderney y Sarhy Mann, or the colonies] who have settled in the city, &c. and reside therein, are entitled to their freedom during their residence. III. Irish Protestant (being traders, &c), who have come from places without the liberties of the city, &c. to reside in the city, &c. with their families, are entitled to their freedom during their residence. IV. The acts, &c. do not entitle Roman Catholic sub- jects to these rights, nor do the provisions of the relief act, 10 Geo. IV. c. 7, enable them to attain them. The relief act removes disabilities, but does not confer rights. Vo Roman Catholic foreigners are so entitled, the words of the act of Car. II. and the new rules including them, and the relief act removing all disabilities by reason of refusing to take the oath of supremacy, &c. Every person claiming his freedom in this right should present a petition to the council or body in the corpora- tion to which the petitions of the other freemen are pre- sented, and who are in the habit of admitting freemen. This should be accompanied with a tender of 20^. A pe- tition should also be presented to the mayor, &c. : the tender of the 20^, may be repeated. The party should also apply to the town clerk, and tender to him the fine of 205. and the stamp duty, and require him to enter the name of the applicant on the roll and give a certificate of his admission, the applicant offering to take the oath of allegiance, and the freeman’s oath. If the corporation shall refuse to admit him, he should go to a magistrate of the adjoining county, tender the 205. and take the oath of allegiance (and also the free- man’s oath). Having done so, he should get a certificate of his having done so from the magistrate, and should 140 / THE ELECTIVE FRANCHISE again tender to the town clerk the stamp duty on admis- sion, and require to have his name entered on the roll. The right may be tried in several ways : — The mayor or persons exercising the power of admis- sion, and entitled under the charter to admit, forfeit for every refusal 100/,; which is recoverable in a qui tara action. The person so entitled to his freedom should refuse to pay toll, and insist on all the other rights of a freeman ; and an action to try the right to make him pay toll would determine his right to his freedom. Although the Court of King’s Bench will not grant a mandamus, where the party has another remedy, and it may be argued that here, as the claimant, by doing cer- tain acts, can complete his title to his freedom, the court ought not to interfere, still as there are acts {a) which seem to require an actual admission in order to entitle a person to vote for a member of parliament, a mandamus ought to be granted to assist the party so entitled to his freedom and refused his admission. A rule nisi for a mandamus was obtained on behalf of a Protestant subject to be admitted in this right, in the case of B.ex v. The Mayor, Sheriffs, and Common Council of the city of Co7% E, 1831. The corporation obtained rules, from time to time, postponing the argu- ment ; the applicant was a mariner, and had been settled in Cork for several years as a merchant and trader ; he had presented his petition to the mayor stating his claim and praying to have the oaths administered to him, and repeated the request, tendering the amount of the fine and stamp duty, it being the practice in the corporation to pay the stamp duty to the mayor on admission ; he had also presented a like petition to the mayor and com- mon council (who exercise the right of admission) and again made the tender; and he made a similar application to the mayor and corporation at large assembled in their (a) 4 Geo. IV. c. 55. s.32} 35 Geo. III. c. 29, s. 29. FOR COUNTIES OF CITIES AND TOWNS. 141 court of Z)’ Oyer H^mdred ; he appeared there in person and stated his claim, and one of the sheriffs having pushed him out of the court, he brought his action for t le assault {Palmer v. Sir Thomas Deane) which was tried at the summer assiz.es 1831, for the city of Cork, before Foster B.; the learned judge was of opinion that the plaintiff had no right to enter the court of />’ Oyer Hundred, not being a freeman (a), and therefore that the defendant, as sheriff, assisting the mayor, was justified in using force to turn him out of court ; and a verdict was found for the defendant. He made up a judgment for double costs ; Palmer was imprisoned, and afterwards died of cholera. This franchise was distinctly acknowledged in the Wexford case {b), and stated by the committee to be “ that all persons admitted to freedom by virtue of the 14, 15 Car, II. c, 13, or by virtue of the new rules, are en- titled to vote according to the directions of the said act and new rules.” See also the Coleraine case. There is another source of freedom by statute w hich is The Galway fran- peculiar to the towm of Galway, By the 4 Geo, I. Ir, c 15, s, 5, all persons, who profess themselves of any trade, mystery, or handicraft, that do, or shall come to inhabit dwell or reside in the said town, in order to fol- low their respective trades, shall, and are thereby de- clared to be free of the towm and corporation, &c., so long as they inhabit or dwell in the said towm and no longer, and are freed from corporation taxes, &c. for 7 years. By the 6th section it was provided, that no per- sons should have the benefit of their freedoms as afore- said, unless they had been professed Protestants for 7 years, or upwards, next before demanding their freedoms pursuant to this act; and should also take the usual oaths of freemen, and the oaths of allegiance, supremacy and abjuration, and make the declaration against tran- (rt) F aimer had some years before so after he had made his application taken the oaths &c. before a justice and tender to the mayor and council, of the peace for the county of Cork, and had been refused, but it did not appear that he had done fb) App, II, 142 THE ELECTIVE FRANCHISE Stamps. When the right of voting accrues. substantiation. The 33 Geo, III. Ir, c, 21, having* enacted {s, 1) that Roman Catholics should not be subject to any disabilities or incapacities save such as Protestants were liable to, it was contended, that, by the operation of that act, Roman Catholic traders &c. in Galway became en- titled to their freedom. But the Court of King’s Bench refused a mandamus to compel the mayor to administer the freeman’s oath, or admit the party. («) But now by the 1, 2 Will, IV. c, 49, so much of the former act of the 4 Geo, I. as requires that persons claiming their freedom, or being admitted thereto, should have been professed Protestants for seven years, is re- pealed; and Roman Catholics, in addition to the usual oaths of freemen, shall take the oath in the 10 Geo, IV. c, 7, instead of those mentioned in the 4 Geo, I. Further to facilitate the acquirement of these fran- chises by statute, the 2, 3 Will, IV. c. 91 enacts, {s, 1) that such freemen shall be admitted to such freedom upon payment of the same duty as all other freemen by right are admitted, that is to say, on payment of the duty of one pound, oxAy ; but subject, (s, 2,) to the same penalties as the others. See the preamble to this statute, the 56 Geo, III. c, 56, and the annual indemnity act. A question may be raised upon this franchise which it is right here to mention. The 9th section of the reform act enacts that all per- sons now by law entitled to vote, &c. and who by virtue of any statute now in force shall be at any time hereafter admitted to their freedom, &c. shall, after such registra- tion as is directed by this act, but so long only as they shall reside, &c. have and enjoy such right of voting, as fully and in like manner as if this act had not been passed ; and, upon this, the 4 Geo, IV. c, 55. s, 55, may be re- ferred to, which enacts, that if at any election it shall ap- pear to the returning officer that any person is not a free- man, or (unless the freedom of such person shall have (a) Rex V. Mayor of Galway^ K.B, Jr., H. 1821. MSS, FOR COUNTIES OF CITIES AND TOWNS. 143 come to him by service, birthright, or marriage,) that he has not been admitted to his freedom, six months at the least before the teste of the writ for holding such elec- tion, then he shall reject the vote ; and it may be urged that a person, admitted to his freedom by virtue of a sta- tute, cannot be registered, unless he has been so admitted for six months. But, in the first place, if any objection of the kind did arise upon the above sections, it could not be taken upon the registry. The reform act, 5. 9, does not postpone the time of registry^ in the cases of freemen, as 5. 13 does in the case of those who are registered in respect of lands, &c. (with certain exceptions) until after a possession of six months ; and what it limits, to be enjoyed in like man- ner as if the act had not passed, is the right of voting : so that, at the utmost, nothing can be contended for beyond an objection to the party’s voting, in this case, until six months after his admission; and even this objection will be found unsustainable. For, 1st. The 29th section expressly entitles every person, registered as a voter within this act at the first session, forthwith to vote at any election, and the 55th section re- enacts former laws so far only as they are not altered by this act. 2dly. The statute franchises really are not embraced by the enactment of the 4 Qeo, IV. s, 55, at all, or, rather, fall within the exception to that clause ; freedom by ser^ vice^^ is one of the excepted cases, and it appears that the statute franchises, founded as they are upon the exercise of a trade, mystery, or handicraft, manufacture or art, have been considered as equivalent to title by apprentice- ship, — and, if so, freemen by statute, being freemen by service, could have voted immediately upon their admis- sion. Such construction is founded upon the reason of the law contained in the 4 Geo, IV. c. 55. s, 55, which was to prevent occasionality, an objection applicable to honorary freemen only, and not to those who claim their freedom by right. This view of the law has received a legislative recognition by the act before referred to 2, 3 THE ELECTIVE FRANCHISE U4 Will. IV. c. 91, which states in its preamble that by the 56 Geo. III. c. 56. the stamp duty, where the admis- sion is in respect of birth, apprenticeship or marriage, is \L and on any other ground 3/. and that at all times since the enactment of the said statute, “ alien and foreigner, and his majesty’s subjects, who by virtue of being en- gaged in any trade, mystery, or handicraft are, by any charter, bye-law, usage, or statute, entitled to claim or take up the freedom of any corporation or company in Ireland as of right, have been universally deemed^ re- puted, and considered as persons claiming or taking up freedom hy right of apprenticeship^ and by reason thereof have been uniformly admitted to their freedom on pay- ment of the duty of I/, each,” and that doubts had lately arisen as to their right to claim their freedom upon the same terms and conditions and subject to the same duty as freemen claiming by right of apprenticeship, and that ‘‘ for the better collection of the revenue, and the more liberal eigoyment of the said franchise or privilege^ it is expedient that the said doubts should be removed.” If the true construction be not that this franchise stands on the same footing in all respects as that by right of ap- prenticeship, these anomalous consequences would follow, 1st, that an entire class of the electors by reason of sta- tute must be taken as omitted altogether from the 9th section of the reform act, viz., those who were admitted to their freedom within six months before the passing of the act; because they are, according to the other con- struction, neither persons then entitled to vote, nor per- sons thereafter admitted ; 2dly, that, in the case of regis- tering at the quarter sessions, the party claiming by sta- tute could not be entitled to exercise his franchise for a year after his admission ; for the 29th section of the re- form act, in that case, gives the vote only where the writ is tested six calendar months after the registry ; and can it be contended, in that case, that the party must be ad- mitted six months before such registry ? That would be straining the re-enactment of the 4? Geo, IV, s, 55 very FOR CITIES, TOWNS, AND BOROUGHS. 145 far indeed ; and if it cannot be urged to that extent in the one case, neither can it, fairly, in the other. QUALIFICATIONS OF ELECTORS IN CITIES, TOWNS, AND BOROUGHS, Not being counties of themselves. By thfe' 7th section of the reform act, a new franchise is established for all electors of a member or members to serve in parliament for any city, town, or borough, not being a county in itself, and this (as in counties of cities and towns) is vested in the occupiers of houses &c. of the annual value of 10/. Bv the 8th section, no person shall be entitled to vote Discontinuance of ^ ^ . the 405. freehold at any such election in respect of any estate or interest franchise. of freehold^ under the yearly value of 10/. acquired by him since the 1st of March 1831, unless acquired, since that day and previously to the passing of the act, (7th August 1832,) by descent, succession, marriage, marriage settlement, devise, or promotion to a benefice or office. By the 9th section, all freemen^ freeholders^ and per^ Residence. sonSy who by reason of any corporate or other right are now by law entitled to vote in any city, town, or bo- rough, and all persons, who by reason of birth, marriage, or service, or of any statute, shall be hereafter admitted to their freedom, shall, after registration, but so long only as they shall reside within the city, town, or bo- rough, or within seven statute miles of the usual place of election therein, enjoy the right of voting; provided that no persons, since the 30th March 1831, admitted as honorary freemen, shall be entitled to vote as freemen. The Old Franchises in Cities^ Towns, and Boroughs, We have already traced («) the origin of the elective franchise, and shown how it commenced in boroughs with the free tenants of the burgages, and how, from an (tf) Ante pp. 34. O 146 Freeholders inhabitants. Freeholders. Inhabitants. Corporators. THE ELECTIVE FRANHCISE and extension of that right, the common law right grew up, vesting it in the inhabitants generally as well as in the freeholders. The only pure remnant of this common law right now to be found in Ireland is the borough of Dungarvany where both the freeholders and inhabitants vote. We have also seen («), how ancient usage has es- tablished various modifications of the right called p 7 'e~ scriptive rights; and of these we have the case of Mal- low^ where the right belonged to the freeholders only, — and the cases of Downpatrick^ Lisburne and Newry, where the inhabitants, (without the freeholders) held the franchise. We have also seen, how, by the usurpations of the prerogative and abuses of power, the inhabitants were in other cases deprived of their common law privi- lege, and corporate monopolies of the elective right were thrust upon them, whilst in some cases, of corporations by prescription, a more ancient, if not less objectionable cause can be assigned for the exclusion. The first statute respecting electors in cities towns and boroughs was the 33 Hen, VIII. Ir, Sess, 2, c, 1, s, 2, which directed that every citizen and burgess should be chosen and elected by the greater number of the inha- bitants of the cities and towns being present at the election. But this enactment, and even the penalties an- nexed for disobeying its provisions, have been in most instances notoriously evaded. Various acts of parliament regulated the franchises of freeholders, inhabitants &c. up to the year 1795, when the principal part of them was repealed by the 35 Geo, III. Ir, c, 29. The general provisions of that act and of those amending it as to freeholders, {ss, 25 &c.) apply generally, and include those boroughs in which free- holders have a right to vote. The 29th and 73d sections relate to freemen, and provisions are also made (ss, 55 &c.) for boroughs where the right of voting is in the in- habitants, or in the inhabitants and others. (a) pp, 36, &c. FOR CITIES, TOWNS, AND BOROUGHS. 147 The New Franchise for Cities, Towns, and Boroughs, By the 2, 3 Will, IV. c, 88, s, 7, “ Every male person, lO/. householders, of full age, and not subject to any legal incapacity, and duly registered according to the provisions of this act, who shall hold and occupy within such city, town, or borough, as tenant or owner, any house, warehouse, counting-house, or shop, which, either separately, or jointly with any land within such city, town, or borough, occupied therewith by him as tenant under the same landlord, or occupied therewith by him as owner, shall be bond fide of the clear yearly value of not less than ten pounds, “ Shall be entitled to vote &c., provided always that no such occupier shall be admitted to be registered under this act unless he shall have occupied such premises as aforesaid six calendar months next previous to the time of registry ; nor unless such occupier shall have paid or discharged all grand jury, and municipal cesses, rates, and taxes, if any, as shall have become legally due and payable by him in respect of such premises, over and above and except one half year’s amount of such cesses, rates, and taxes. We now proceed to a detailed enumeration of the dif- ferent franchises prevailing in these cities, towns, and boroughs, which we shall class under the heads of I. The Freehold Franchises. II. The Householders’ Franchises. III. The Corporate Franchises. I. THE FREEHOLD FRANCHISES. dungarvan mallow. No. 1* The 405. occupation freehold franchise. The The 40^. cccupa- sum is of the former currency of Ireland, The yearly 148 THE ELECTIVE FRANCHISE value must be above all charges payable out of the same ; 45 Geo, III. c. 59, s. 1. The freehold must not arise from a rent-charge, and 35 Geo,\ll,c, 29, s, 25; the party must be in the actual occupation of it either by his residing thereon, or tilling, or grazing it, or by both tilling and grazing, to the amount of 405. yearly value thereof; 35 Geo, III. s» 30; 45 Geo, III. s. 1. The freehold must not be set, or agreed to be set to, or in in- trust for the person who executed the lease &c., his heirs &c., nor intended so to be ; 35 Geo. III. s, 26 ; 45 Geo, III. s, 1 ; nor for the term for which the party holds it, ibid. It must not have been procured fraudulently, or in exchange for a freehold in any other county, 35 Geo, III. s, 28 ; 45 Geo. III. s. 1 ; nor in consideration of an increase of rent out of other lands held by him from the same grantor, 35 Geo. III. s. 28. The estate or interest in the freehold must have been acquired on or before the l5^ of March 1831, unless acquired by de- scent, succession, marriage, marriage settlement, devise, or promotion, and, even in those cases, it must have been acquired previously to the passing of the act, (7th of August 1832,) 2, 3 Will. IV. c. 88, s. 8 ; and the party cannot register unless resident, for six months before his registry, in the town or borough, or within seven statute miles of the usual place of election, and can vote so long only as he so resides. Ibid. s. 9, and Sched. C, No. 9. The 40s. non-oc- No. 2. The 405. non-occupation freehold franchise. cupation freehold • n i n ^ -r i i rm franchise. The sum IS of the former currency of Ireland. The value must be above all charges, 1 Geo, IV. c. 1 1, s. 44 ; 37 Geo, III. Ir, c. 47, s, 1, and the freehold must not consist of a rent-charge, — and it must either be liable to wo rent, except quit or crown-rent, — or arise from a fee-farm grant, — or a lease or leases for ever, — or a lease or leases for lives renewable for ever; 1 Geo, IV. c, 11, 5. 44, It must not have been procured or granted fraudulently, or in exchange for a freehold in another county, 37 Geo. III. 5, 1 ; 35 Geo. III. s. 28. Actual occupation is not FOR CITIES, TOWNS, AND BOROUGHS. U9 required. The estate or interest must have been ac- quired before the times, and the party be resident for the periods mentioned in the last franchise. No. 1. No. 3. The 20/. freehold franchise arising from laiid &c. freSloki (and not arising from rent-charge.) This is the s'ame as franchise of land the county franchise No. 5, ante p, 58. The party can- not register unless resident for six months before his re- gistry in the town or borough, or within seven statute miles of the usual place of election, and can vote so long only as he so resides ; ibid s, 9, and Sched. C, No, 9. («) No. 4. The 20/. freehold franchise arising from rent- The 20/. freehold . . franchise of rent charge. This is the same as the county franchise No. 6 , charge. ante p, 59, The party must be resident for the periods mentioned in the last franchise No. 3. It seems to me from the wording of s. 46 of the re- distinction asto form act, that the privilege of registering freeholds of the yearly value of 50/. and ecclesiastical freeholds upon oaths made in the superior courts or before a judge at the assizes is not reserved in the case of these boroughs. The boundaries of both these boroughs are altered by Freeholds without ” the new boundary the reform and boundary acts, /or the purposes of the and within the old. reform act; 2, 3 Will. IV. c, 88, 5. 12; and c, 89, s, 1. The ancient districts were the respective manors of Dungarvan and Mallow, In the case of Dungarvan the three townlands of Knockampoor^ Canty ^ and BallymuU lala, were parts of the manor, but lay entirely detached from the rest (5), and as such are excluded from the bo- rough for the purpose of conferring the householders^ franchise created by the reform act. But there are no words which go the length of declaring an alteration as to the local situation of premises, conferring a franchise for the purposes of other acts, and therefore it would seem, that lands and tenements in those townlands may still give a freehold franchise for the borough, though (a) But see Me p, 118, note (6) (d) Hep. Ir. Bound. Comm. p. 65. o3 150 Freeholds not within the old boundaries. Mallow. The 5/, house- holders’ franchise. THE ELECTIVE FRANCHISE situate without the new limits appointed for the purposes of the reform act. And by a parity of reasoning- it seems questionable whether those small parcels of land entirely enclosed within the lands of the manor, which belong* to the manor of Dromana can confer the freehold franchise upon the parties seised. So in the case of Mallow^ the space within the new boundary is but a small portion of the manor, and the freeholders of lands outside the boundary and within the manor, will, it seems, remain entitled to their franchises, as if the boundary act had not passed. II. The Householders’ Franchises. I. The Five Pound Householders^ Franchise, Downpatrick, Lisburne, Dungarvan, Newry. No. 5. The 5/. inhabitant householders’ franchise. The sum is of the former currency of Ireland^ 35 Geo, III. Ir, c, 29, s, 55. The value is the bond fide clear yearly value of the premises as they stand, independently of the rent payable for them ; 2, 3 Will, IV. Sched, C, No, 8. The party must be and have been for six calendar months last past in possession and actual occupation ; and not more than one half year’s grand jury or municipal cesses, rates, or taxes, must be due or payable by him in res- pect of the premises, or any part thereof. Ibid, The premises must be a “ house;” and the party must not be an inmate or lodger wdth any other person in the bo- rough, and must be answerable for the payment of the usual customary taxes and cesses in the borough, as a resident householder therein, which shall or may be legally de- manded of him ; and his house exclusive of his land, an- nexed to or let with it, except the ground whereon his house (with its offices and back or other yard,) stands, FOR CITIES, TOWNS, AND BOROUGHS. 151 must be of the required value ; 35 Geo. III. c. 29, s. 55. And see the reform act, ss. 1 7 and 23. Taking’ all the clauses of the act together, it seems perfectly clear, that this franchise is preserved in the bo- roughs where it formerly existed, not merely to those wdio were entitled to vote when the act passed, but to all who thereafter shall be possessed of the qualifications. The general 10/. qualification will be found to apply to several cases not comprised in this class. So also, on the ground above stated, (a) it seems that houses of 51. value situate within the old limits of these boroughs will still confer this franchise, although not within the new boundaries, fixed by the boundary act for the purposes of the reform act. This question does not affect Downpatrick or Newry^ the ancient limits of which are retained. The alteration in the case of Dungarvan we have already mentioned.(5) From the following extract from the Report of the Boundary Commissioners, it appears that the limits of Lisburne have been encreased, and not curtailed, and the question, as regards it, will be, whether the occupiers of houses of 5l. annual value, not within the old limits, but wdthin the new, are now entitled to this franchise. “ The borough cannot be said to have any boundary ; certain houses on the roads diverging from the town “ are considered to be the extreme limits of it, and right “ lines drawn from one house to another are supposed to ‘‘ form the boundary. Some of these lines could not “ (on account of intervening hills or obstacles) be drawn “ except by a surveyor, and we are of opinion that " doubts would arise in the case of a house being built “ near the supposed line, as to whether it was in the bo- ‘‘ rough or not. As the elective franchise is essentially “ connected with the existing limits, we are not autho- “ rised by our instructions to propose any curtailment in “ them ; but it is extremely necessary to establish a well (a) Pages 149, 150. (5) Ibid, 152 THE ELECTIVE FRANCHISE The 10/. house- holders’ franchise. Burgesses, 8cc, “ defined boundary in place of the present one that is “ open to dispute ; and this, we think, can best be done “ by taking the nearest recognised boundaries of town- “ lands beyond the present supposed limits, especially as “ the boundaries of townlands have been very recently “ settled by the ordnance survey, and the addition made “ to the borough by so doing will be inconsiderable. On “ the other side of the Lagan there is a small suburb, ‘‘ which we also think should be added.” (a) 2. The Ten Pound Householder^ Franchise. All Cities, Towns, and Boroughs. No. 6. This is in all respects, the same as the 10/. householder’s franchise in counties of cities and towns, stated above, p. 107, &c. There is, 1 believe, but a single verbal difference between the statements of the qualifi- cations in ss. 5 and 7 ; the former requires possession in the occupier 6 calendar months ‘‘ next previous to the time of his registry in the latter the words are “ time of registry.” But there is no difference in substance ; and, the former may be held to interpret the latter. See the observations, ante pp. 115, 116. III. The Corporate Franchises. No. 7. Sovereign, or provost, and capital burgesses. In Armagh, Dungannon, Bandonbridge, Ennis, Belfast, Sligo, Carlow, Tralee, the sovereign or provost, and capital burgesses, alone, re- turned the members to parliament. The corporations in these places were erected in the 10, 11 Jac. I. {AntCypp^ 30, 41, 46,) with the power in these select bodies consist- ing only of the chief officer, and 1 1 or 12 capital burgesses. {a) Rep, Ir, Round, Comm. p. 95. FOR CITIES, TOWNS, AND BOROUGHS. 153 They have long* submitted themselves to retimi none hut the nominees of some predominant interest. In some of them, the burgesses being chosen by the freemen, had sufficient exertions been made to enforce the rights of freedom, the exclusive system might, perhaps, have been broken down. It is clear that persons of this class are within the 9th section of the reform act, and cannot be registered or vote unless resident in the town or within 7 statute miles of the usual place of election. In some other towns the burgesses, or aldermen, share in the elective right with the freemen ; As in Cashel, Dundalk, Clonmel, Portarlington, Coleraine. In others, there are burgesses, but the elective right is not in them, as such, but in the freemen of the corpora- tion generally. This applies to Athlone, New Ross, Enniskillen, Wexford, Kinsale, Youghal. Londonderry. No. 8. Honorary freemen. No. 9. Freemen by birth. No. 10. Freemen by marriage. No. 11. Freemen by service or apprenticeship. No. 12. Freemen by statute. These several franchises have been already fully treated of in the section upon counties of cities and towns. Ante pp. 120, &c. The franchises Nos. 8 and 12 exist in all the last men- tioned 12 cities, towns, and boroughs. Whether one or more or any of the others (Nos. 9, 10, 11,) exist, de- pends on local custom. In Wexfordy the right by apprenticeship, only, ob- tains. {a) # Freemen. (a) Ap'p. 11. 154 THE ELECTIVE FRANCHISE Foundation. Degrees. Charters. So in Londonderry ^ — “ the sons of aldermen and bur- gesses are entitled to their freedom as of right, as also all persons who have served their apprenticeship to a free- man; persons not having these claims can only obtain their freedom by special favour.” (a) In all these cases the party must be resident in the borough or within 7 statute miles of the usual place of election, and cannot register unless he has been so resi- dent for 6 calendar months, nor can he vote but so long as he shall continue so to reside ; s. 9, And no honorary freeman admitted since the 30th Marchy 1831, is entitled to vote. QUALIFICATIONS OF ELECTORS FOR THE COLLEGE OF THE HOLY TRINITY OF DUBLIN. This college was founded by queen Elizahethy by let- ters patent, 3 Marchy 34? Eliz. [A,D, 1593,) by the name of ‘‘ The College of the Holy and Undivided Trinityy near Dublin y founded by the most serene Queen Eliza’- hethf and the body was incorporated by the name of “ The Provosty Fellows and Scholars of the College of the Holy Trinity of Queen Elizahethy near Dublin^ and it is or- dained that, the students ( studiosi ) in this college, ‘‘ liber- totem et facultatem habeanty Gradus turn Baccalaureatus Magisteriiy et Doctor atuSyjuxta tempus idoneumy in omni- bus artibus et facultatibus obtinendC^ King James I. by his charter, 12th Mayy 11 Jac,{b) granted, that there be in the said college and university near Dublin two burgesses of parliament, and that the said provosty fellows and scholars, should have the power of electing and naming two of the more discreet and suf- ficient men of the aforesaid college and university, for the time being, to be burgesses of parliament for the same university. This charter recited that of Elizabeth, and that it was necessary that the said college and university should have full and absolute power of electing two bur- (fl) Rep. Ir. Bound. Comm. p. 100. {1) Bullin University, 1 Beckw.Ti. FOR THE UNIVERSITY. 155 gesses from among themselves ( de seipsis eligendi ), and sending them to the court of parliament ; in which court such burgesses so elected and sent, according to the form of the University of Oxford and of Cambridge used in England^ should make known the true state of the said college and university. King Charles I. by his statutes annexed to his charter, f^d's&ars?'^^ 2\^t May y 13 Car, 1. ordained, ( cap, 1 {a)y) that the body of the college should consist of the provost, as a head, and of the fellows and scholars, as the more noble members of the body; that the fellows should be 16, of whom 7 should be called “senior” and the rest “junior;” and that the scholars, to be maintained at the expense of the college ( Collegii sumptibus alendi J, should be 70 in num- ber. The modes of their appointment, election, admission and swearing, are pointed out in the subsequent chapters ; by the 5th, De scholaribus sive discipulis, the following direction is given, Discipuli autem stipendia^ nemo diutius accipiaty qudm donee magistri in artibus gradura adeptus fuerity aut per leges Academics adipisci potuerity aut in Socium eligatur^ By a subsequent statute. Geo, III. the number of the fellows was increased to 25. By the act of union, 40 Geo, III. c, 38, s, 3, one repre- sentative only was permitted to sit, but by the 2, 3 Will, IV. c. 88, s. ] 1, the university shall return an additional member, and by ss, 60, 61, a new elective franchise is established. The above statutes had, in practice, received a con- struction admitting the scholars to vote so long only as they remained entitled to their stipends, whereby the number of electors of that class w^as limited to 70. It may be doubted w'hether that was a sound construc- tion ; but the new enactments, in some measure at least, remove the bar to the continuance of the franchise. By s, 60, in addition to those before qualified to vote. The new franchise. ' (a) See also cap, 21* 156 THE ELECTIVE FRANCHISE ^very person of the age of 21 years, having obtained the degree of Master of Arts, or any higher degree, or a Scholarship^ or Felloivship in the university shall be en- titled to vote, so long as his name shall be kept and con- tinue to be kept on the books of the university as a mem- ber thereof; subject, however, and according to the rules and statutes of the university ; provided that no person shall be entitled to vote, by reason of any degree of a purely honorary nature. And by s. 61, those, who had voluntarily removed their names from the books, are entitled, within six months after the passing of the act, and not afte?', to replace the same, upon payment of 21. And every person whose name shall be continued upon the books, for the purpose of entitling him to vote, shall be liable to pay to the college an annual sum of IL; and upon refusal to pay it within one month after it shall have been demanded, his name shall be removed from the books, and shall not be again replaced. The only degree, inferior to that of Master of Arts, is the degree of Bachelor of Arts ; and the following enu- meration may be made of the rights of voting. No. 1. Provost. No. 2. Fellows. No. 3. Those who obtained fellowships. No. 4. Scholars. No. 5. Those who obtained scholarships. No. 6. Doctors of Divinity. No. 7. Doctors of Laws. No. 8. Doctors of Medicine. No. 9. Bachelors of Divinity. No. 10. Bachelors of Laws. No. 11. Bachelors of Medicine, No. 12, Masters of Arts. All these, except (except No. 1,) by continuing their names on the books, as directed by the act, are entitled to the elective franchise. FOR THE UNIVERSITY. 157 The power of replacing their names on the books is given to those who now are masters , &c., and also to those who now are bachelors of arts: but only in case they shall have vohmtarily removed their names, and that they replace them within six months from the pass- ing of the act on the 7th of August^ 1832. The question may arise whether the “ six months,” and ‘‘one month” mentioned in these sections mean hi- nar or calendar months ? To me it appears they are calendar months. It is true that, primu facie, “ months ” in an act of parliament are to be intended months of 28 days, called lunar months, {a) But the rule has excep- tions ; and here, 1st, Looking to the act itself, we find, in s, 13, the phrase “six calendar months” used, and, immediately after, that period is referred to by the words “ six months ” only. See also, s, 29. 2dly, It may be maintained that in the Irish election acts, generally, “ months ” are to be understood calendar months ; for where, by the 35 Geo. III. Ir. c. 29, s. 30, the 405. freeholders were required to be in possession “ for six calendar months ” between their registry and the test of the writ, by the 45 Geo. III. c. 59, 5. 1, they were required to register “ twelve months at the least ” previous to the test of the w rit ; and then, by the 51 Geo. III. c. 77, s. 2, it is “ declared and enacted ” that the said term shall be deemed to mean twelve ca- lendar months. 3dly, The decisions upon the ejectment acts seem to rule this by a strong analogy, and also to prove that the computation must be exclusive of the day on which the act passed, giving the whole of the 7th of February, 1833, for securing the franchise. The 11 Ann. c. 2, al- lowed the tenant six calendar months, after execution, to redeem ; the 8 Geo. I. c. 2, gave the mortgagee of the evicted lease, “ nine months.” These are calendar (a) Com. Big. Ann, B. V 158 THE ELECTIVE FRANCHISE. months, and the day, on which the habere is executed, is not to be included in the calculation, {a) There is a rule which has sometimes prevailed, that when the computation is to be made from an act done, the day when such act is done is to be included ; but the rule is not inflexible ; and where a right would be de- vested, or a forfeiture incurred, by including the day of the act done, the computation will be made exclusive of it. (f) And the rule in Cateshfs case is, “ where the computation is doubtful, it is best to determine it for the relief and remedy of him who hath right.” (c) {a) Devereux v. Lady Bradstreet, (6) 1 BaU ^ B. 196. 2 Schoal. L. 529; Biddulph v. St, (c) 6 Co, 61 j 2 School, % L. 531. John^ Ibid. 59.x ; Dowling v. FoxalL 1 Ball ^ B. 193. CHAP. 11. DISQUALIFICATIONS OF ELECTORS, The several sections of the reform act, conferring^ the new franchises, give them only to “ every male person of full agCy and not subject to any legal incapacity y"* ss, 1, 2y5y7; and the 19th section requires that the bar- rister, adjudging upon the case of the claimant to be registered, shall find him “ not subject to any legal dis- qualification.” I, Disqualifications arising fiom Disability. 1. Sex. — Women, although having a freehold, were Women, disqualified at common law. («) This is the doctrine of Sir Edward Coke, Yet it appears there have been elec- tions in which women have interfered and even joined in making the indenture of return, (b) The election acts, however, I believe, uniformly use the masculine pronoun, and the franchises of the reform act are limited to “ males.” 2. Infancy. — So, at common law, men within the age of Infants. 21 years, (c) They are also expressly disqualified by the following statutes; 35 Geo, III. Ir, c, 29, ss, 25, 48; 37 Geo, III. Ir, c, 47, s. 18 ; 4 Geo. IV. c, 55, ss. 25, 47. (c) 4 Co. Inst. 4, 5. Hevw. Co. Elect. 251, 259. (а) 4 Co. Inst. 4, 5. (б) Heyw. Co. Elect. 255. 160 THE ELECTIVE FRANCHISE Idiots. Lunatics. The same doctrine was recog’nised by a resolution of the 7mA Commons in 1715, and by the committee on the election for Dublin Colleg’e in 1791. (a) A man is of full a^e on the day preceding* the anni- versary of his birth; as, if he was born on the 1st of February at 1 1 at night, on the last day of January in the 21st year of his age he is of age, and that from the first moment after 12 o’clock ; for the law makes no frac- tions of a day. (b) 3. Mental incapacity. Idiots (c), or persons who from their nativity labor under a perpetual infirmity, {d) Lunatics, so long as they have not understanding : but, in lucid intervals, they are entitled to vote. Serjeant Heywood mentions the following cases : H. W. had been in Bedlam 3 or 4 years before, had lost his living for not taking the oaths, and had acted like a madman ; but was not so at the election, and an- swered rationally about taking the burgesses’ oath, and had preached a short time before.” “ B. w'as a melancholy man, and scarce compos mentis ; his vote was carried by others to the place of polling, he being at some distance from it, and he only named Mr. Hampden ; though a w itness for the sitting member said he named Hill short.” In these cases^ which the Serjeant cites from the Jour- nals, he says, the vote could not justifiably be rejected. But where one w^as shown to be insane, and so disor- dered in his senses, that he could not repeat the oaths, he W'as disqualified. N. T. w'^as 38 years of age, an ironmonger, married, and had three children : he had been remarkably indus- trious ; of late years his intellects had been disordered, but not so as to render him entirely unfit to transact bu- («) Giff. on Elect. 34, 35. {f)) Harbcrt v. Tarhol, 1 Kehl. 5S9; 1 Sid. 162 ; T. Ray. 84 ; Fitxhugh v. l)enninp[tnn.t 2 JM. Ray. 1094; 1 Salk. 44 ; and See 2 Salk. 625, pi. 3s 1 Ld. Ray. 480; 3 Wils. 274; 1 Bla. Comm. 463. (o') 2 End. 567 ; Heyw. Co. Elect. 259. (d) Co. Littl. 247, a; Beverley's case, 4 Co. 124, 125. DISQUALIFICATIONS. 161 siness. His trade was, for the most part, carried on by his shopman ; for he frequently lost his memory, and his knowledge of accounts, and of the value of money. He was very eager, during the election, for the candidates for whom he voted. His vote was determined to be good, (a) K. had been a soldier, was above 75 years old, and af- fected with a paralytic tremor ; the noise of the poll af- fected him greatly, and he repeated the ordinary ques- tions when put to him instead of answering them, but, his wife being sent for; she asked him for whom he voted, and he said “ Minchin and LincliinP St, Ledger and Ladbroke, the sitting members, stood upon the same in- terest as Minchin had stood upon, and the voter had been canvassed and had promised his vote to them, and he had said before, that he would rather lose his pension than desert the united interest. When undisturbed, it was stated, he was very sensible, and he repeated the words of the bribery oath, and kissed the book. A witness said, “ when the noise ceased and the mayor said he would re- ceive his vote, and he was asked, for whom he voted ? he heard him name the sitting members when put the second time.” There were two polls taken, one by the mayor, the other by the portreeve. When he went to the portreeve to vote, he said he voted for Slasher and Lasher and was rejected. The committee determined his vote to be good, and to remain on the poll of the mayor, who was decided to be the returning officer, (b) It is not necessary that the unsoundness of mind, which would avoid a deed, should constitute idiotcy, in the strict legal definition of the term ; the question is, whether the party was of sound mind or not ; and as one test of ca- pacity or incapacity, it may be considered whether he was capable of understanding what he did by executing (6) Oakhampton, 1 Fras, 162. p3 (a) BridgvoaUryl Feckw. 108. 162 THE ELECTIVE FEANCtttSE Deaf, dumb and blind. Aliens the deed in question when the general import was ex- plained to him. (a) One born deaf and dumb, who can signify by signs what he is about, is allowed to act, as to levy a fine, {b) But, it seems, that one born blind, deaf, and dumb is not (c) ; qucere also, if he be blind, deaf, and dumb, by accident, (d) The entry of the form of oath to a dumb man and his interpreter is ; “ I. K. was sworn to depose the truth &C. and M. R. well and truly to interpret to J. K. a witness here produced &c. the questions and demands made by the court to the said J. R. and his answers made there- to.’’ (e) 4. Aliens, — At the common law, are such as are born out of the dominion of the crown of this realm, ffj Statutes made by the parliament of Great Britain^ (7 Ann, c.5,5. 3, 4 Geo, II. c. 21, 13 Geo, III. c, 21,) which have remained without adoption in Ireland (g) have enacted that all children born out of the King’s legiance, whose fathers (or grandfathers by the father’s side) were natural born subjects, are deemed natural born .subjects themselves, unless their said ancestors were attainted or banished beyond sea for high treason, or were, at the birth of such children, in the service of any prince or state at enmity with Great Britain, And by the 25 Edw, III. Eng, ^ Ir, Stat, 1 (A), all children inheritors, which shall be born without the legiance of the King, whose fathers and mothers, at the time of their birth, shall be at the faith and legiance of the King, shall have and enjoy the same benefits and advantages, to have and bear the inheritance within the same legiance as the other in- heritors &c. so always that the mothers of such children (rt) Ball V. Mannin, 1 Uou). ^ C. 380, Smith 8s B. 183, 2 Fox ^ S. 249. (6) 7 Vin. Air. 324, Deaf Dumb and BUnd^pl. 14. (c) Ibid. pi. 10. {d) Ibid. pi. 8. {e) Huston's, case, 1 Leach, 409. ('fJ ante. p.l36 ^c. Calidn's case, 7 Co. 31 ; Com. Dig. Alien (A.) 1 Ela, Comm. 373. ig) 1 Gabb. Dig. 304, 305. (^) 1 Stat. qf the Realm, 310. DISQtJALIFICATIONS. 163 do pass the sea by the license and wills of their hus- bands. Upon this statute it was determined, that children born abroad of English parents are considered as natural born subjects; and the daughter of an Englishman, though born abroad, may be an English parent («); the case was that of the daughter (born abroad) of a merchant, w^ho went to Elvin in Prussia to merchandise, and, during his trading there, espoused the daughter of an Englishman, who exercised the trade of a merchant abroad : and the judges said, it was not material though the mother were an alien, for the wife is sub potestate viri and quasi un- der the allegiance of our King: and, in our law% the child shall be of the father’s condition. The acknowledgment of the independence of the United States of America took place on the 3d Sep^ tember 1783, and a definitive treaty was signed on the same day^ And it was held, that children born in the United States, since the recognition of their indepen- dence, of parents born there before that time, and conti- nuing to reside there afterwards, are aliens {h) ; but where the parents, who so resided, were natural born British subjects, and at the time of the separation of the two countries adhered to the British government, it is held they are not aliens, {c) In the former case the pa- rent had put off his allegiance at the time of the treaty, which enabled him so to do ; but in the latter he did not do so, and the law did not enable him to do so at any subsequent time ; and therefore, w^hen residing there af- ter, he was in the same situation as if he had gone to any other foreign country, and his children expressly within the statute 4 Geo. II. c. 21. Aliens may be naturalised by act of parliament, or made denizen by the King’s letters patent {d), and no (a) Bacon v. Bacon, 3 Cro. 601. (c) Doe v. Mulcaster, 5 Barn. ^ C. lb) Doe V. Acklam, 2 Barn. & C. 771. 8 Dowl. ^ K.593. 779 ; 4 Dowl. ^ R. 394. ■ {d) I Bla. Comm. 374. 184 THE ELECTIVE FRANCHISE alien, not being- a denizen, or naturalised, can vote at elections for members to serve in parliament, (a) A. B. was objected to as an alien. The returns made by aliens at the different police offices under the alien act were produced by the chief clerk of the alien office, wherein was the declaration, signed by the voter, that he was born in Paris ; also, a book in which was a license granted to him ; and his vote was struck off (^), no proof being given of his being since naturalised. A denizen wa5 admitted to vote for a freehold acquired before denization, where there was no evidence of an office found entitling the King to the property, (c) [« Three years in ;3y several British acts foreign seamen, who in time one ship or m se- o » the42 gS^Sii*? war serve two years on board an English ship, (by 61, 8.8, which ex- virtue of the King’s proclamation) are naturalised, 13 tends to Irish ® . . ships.] Geo. 11. c. 3. So foreign Protestants and Jews having resided in any of the American colonies without an ab- sence of two months at a time, 13 Geo. 11. c. 7; 20 Geo. II. c. 44; 13 Geo. III. c. 25. — So foreign Protestants serving two years in the army there, 2 Geo. III. c. 25. Or serving three years in the whale fishery, and proper- ly qualifying themselves by taking the necessary oaths, either in the superior Courts, or the Quarter Sessions, 22 Geo. II. c. 45, ss. 8, 11, 12, and not afterwards ab- senting themselves from the King’s dominions for more than one year. All the above persons are liable, how- ever, to the exceptions in the 4 Geo. II. c. 2 1, as to the children of persons attainted of high treason, and of those in the service of princes and states in enmity with the British Crown. And by the 26 Geo. III. c. 50, ss. 24, 27, 28 ; and 28 Geo. III. c. 20, s. 15, every foreigner who has establish- ed himself and family in Great Britain^ and carried on the southern whale fishery, and imported the produce {a) Heyuj. Co. Elect. 252, where se^. (b) Middlesex, 2 Peckw. 118. vcral cases are cited from the Jour^ (c) Ibid. 117. DISQUALIFICATIONS. 165 thereof for five years successively is declared entitled to all the privileges of a natural born subject. In Ireland there are two sets of acts of Parliament for the naturalization of foreigners. One, expressly con- ferring the elective franchise, we have already stated. («) The others are the 19, 20 Geo, III. Ir. c, 29 ; 23, 24 Geo, III. Ir, c, 38; 36 Geo, III. Ir, c, 48. (h) The 19, 20 Geo. III. enacted that traders &c., settling with their fa- milies, shall, after the taking of the oath therein men- tioned, &c. be deemed natural born subjects whilst they reside in Ireland. This oath differs from that in the 13, 14 Geo. III. Ir, c. 35 (c), by omitting the words, “and His only Son Jesus Christ my redeemer,” which in the latter statute are intended to adapt the oath to Christians only. The 23, 24 Geo. 111. extended this to noblemen and gentlemen, as well as traders &c. “ excepting persons professing the Jewish religion”; and, by s, 3, provided, that no person, naturalised by this act, shall be entitled to vote in any election for any city, borough, county of a city, or town corporate, of which, by virtue of this or any former act of naturalization, he shall have been made free, unless he shall have obtained such right of voting by such ways, means and methods only as his Majesty’s sub- jects shall obtain the same. The 36 Geo. III. takes no notice of the 23, 24 Geo. III. but extends the provisions of the 19, 20 Geo, III. to all foreigners transporting themselves to settle in the kingdom ; it contains no ex- ception affecting Jews ; but it requires the party to have obtained from the chief governor or governors, in coun- cil, a license that he is a fit and proper pei'son to be na- turalized &c. It does not contain any clause limiting the right of voting at elections ; and the clause of the 23, 24 Geo. III. on that subject I take, therefore, to be super- seded. (rt) Ante p. 136. (^() See App, l.pp. 17, 80, 120. (c) Ibid.p, 73. 166 THE ELECTIVE FRANCHISE II. Disqualifications arising from Offences. 1. Treason, Felony, &c. — A conviction for felony dis- qualifies. («) The principle, it seems, is the same as that of the rule of evidence which renders witnesses incom- petent from infamy of character proceeding from a con- viction for certain offences ; of this kind are treason — and every species of the crimen falsiy such as forgery — perjury — subornation of perjury — praemunire — barretry — the crime of bribing a witness to absent himself and not give evidence — conspiracy to accuse another of a ca- pital offence — and such crimes as by any act of parlia- ment are declared to be “ infamous.” (6) This is strictly a legal objection, to be supported by strict legal proof, and nothing less than a conviction will disqualify. The committees, indeed, in the cases referred to, admitted proof of convictions for larceny, by the minutes of the quarter sessions ; and one of the writers has endeavoured to refer the decisions to some circumstances peculiar to that case but none such appear. A distinction was formerly taken (c) between the situa- tion of persons convicted of petty larceny, and those con- victed of grand larceny ; the benefit of clergy, in the latter case, operating to restore competency and capacity to the party convict ; but not existing in the former. Now, by recent statutes, benefit of clergy, with respect to per- sons convicted of felony, is abolished ; 7, 8 Geo. IV. c. 28, s. 6 ; 9 Geo. IV. c. 54-, 5. 12 ; the distinction between grand larceny and petty larceny, also, is abolished, and every larceny is deemed of the nature of grand larceny ; 7, 8 Geo. IV. c. 29, s. 2; 9 Geo, IV. c. 55, s. 2. And by the 9 Geo. IV. c. 32, s. 3, it is enacted, that where any of- fender shall be convicted of any felony not punishable with death, and shall have endured the punishment to which he shall be adjudged for the same,, the punishment {a) Great Grimshy^ Phillips^ 189 ; (c) 1 Peckw. 509 n. ; Heyw, Co. Colchester^ 1 Peckvo. 508. Elect, 3^1 s Male on Elect. 169. \b) 1 Phill. Evict. {It/i Edit.) 28 ^c. DISQUALIFICATIONS. 167 SO endured shall have the like effects and consequences as a pardon under the great seal as to the felony whereof the offender was so convicted ; but this shall not mitigate the punishment to which he may be sentenced on a sub- sequent conviction for any other felony. And by s. 4, no conviction of a misdemeanour, (except perjury or sub- ornation of perjury,) shall render the offender an incom- petent witness in any court or proceeding, civil or crimi- nal, after he has endured the punishment to which he was adjudged for the same. At the common law a pardon will restore competency where the disability is a consequence of the judgment; but not where it is declared by act of parliament to be a part of the punishment. («) 2. Perjury. — In England a general enactment, 2 Geo. II. c. 24, s. 6, disqualifies persons convicted of perjury or subornation of perjury from voting at elections for par- liament. I do not find that this has been adopted in Ire- land; and the law seems to rest on the following enact- ments : The 28 Eliz. Ir. c. 1, 5. 1, enacts that no person con- victed of procuring a witness to commit perjury in any matter or cause depending by writ, action, bill, complaint, or information in any court, &o. shall be ‘‘ received as a witness, to be deposed or sworn in any court of record, or within any other court or courts within the realm of Ireland, until such time as the judgment given against such person or persons shall be reversed by attaint or otherwise.” By s, 2, if any person commit perjury in the said courts, &c. his oath shall not be received in any court of record, until such time as the judgment shall be reversed, {b) By the 35 Geo. III. Ir. c. 29, s. 72, persons who shall falsely swear or affirm contrary to the meaning of that act, being thereof convicted, shall suffer such pains, pe- (6) See also 3 Geo. II. Eng. c, 4, s. 2, and 31 Geo. 111. c. 18. («) 1 Phill. Evid. 35. 168 THE ELECTIVE FRANCHISE nalties and disabilities as persons convicted of peijury oug'ht to suffer ; and any person claiming to be a voter as an inhabitant oi a borough, who shall be guilty of perjury in registering his inhabitancy and right of voting, with- out being really and bond fide a resident inhabitant there- of, &c. and shall be convicted, and condemned, and suffer the pains and penalties aforesaid, shall for ever he inco'- pable of giving any vote at any election of a member to serve in parliament. See, also, s, 74 of the same act, and the 45 Geo, III. c, 59, s, 14; 4 Geo, IV. c, 55, s, 85; 10 Geo, IV. c, 8, s, 21, and 2, 3 Will, IV. c, 88, s, 42. The 4 Geo, IV. c, 55, 5.85, (which applies only to coun- ties of cities and towns,) enacts that if any person who shall take any oath or affirmation thereby appointed, &c. shall swear or affirm falsely, &c. being thereof convicted, he shall suffer the pains, &c. of perjury, and shall he for ever incapable of giving a vote at any election of a mem- ber to serve in parliament ; and it contains a like enact- ment as to persons suborning others to take such oath or affirmation falsely. 3. Bribery. — By the 35 Geo, III. Ir, c, 29, s, 23, and 4 Geo, IV. c, 55, 5. 81, any person directly or indirectly asking, receiving or taking any money or other reward, by way of gift, employment, or other reward whatsoever, for himself or any of his family or kindred, to give his vote, or to abstain from giving his vote, and any person who by himself, his friends, or by any person employed by him shall by any gift or reward or by any promise or agreement, or security for any gift or reward, corrupt or procure any person to give his vote or to abstain from giving the same, shall forfeit 500/. and after judgment against him in any action or information grounded on this act {a), shall for ever be disabled to vote in any election of any member to serve in parliament. (a) See the remarks on the English 294, aTid Rex v. Pitt, Rex v. Mead, 3 act 2 Geo. II. c. 24, 5 . 7, 4 Ld. Glenb. Burr, 1338. DISQUALIFICATIONS. 169 But the mere declaration of a committee that a person has been guilty of bribery will not operate as a disquali- fication, nor will proof of the fact of bribery at a former election be received, even where the new election is to fill up the same vac*ancy. (a) 4. Acts of parliament have been passed for the dis- By act of pariu- franchisement, by name, of persons reported by commit- tees to have taken bribes (^), or to have been guilty of other misconduct, (c) 5. Returning officers, who shall return more than the Returning officers, number of persons who shall by the writ or precept be directed to be returned, shall forfeit 2000/. and shall be rendered incapable of ever after voting at any election ; 35 Geo. III. Jr. c. 29, 5. 13; 4 Geo. IV. c. 55, 5. 68. 6. Outlawry and Excommunication. — Seijeant Hey- wood(d) writes as follows: — ‘‘ An outlaw is one deprived of the benefit of the law, and the king’s protection, for contemptuously refusing to be amenable to some court of competent authority which called him before it. After the outlawry has appeared on record (e), which is not till the writ of exigent is returned, he is no longer liber et legalU homo and is deprived of most of his municipal rights. His goods and chattels are forfeited to the king ; and, if he is outlawed in a criminal case, his lands, also, go to the king, or the lord of whom they are holden ; if in a civil suit, the issues and profits of his real estate go to the king, till his estate in the land is ended, or the out- lawry set aside.(/) After outlawry, his estate is no longer vested in him, and it should seem that he loses the fi'an- chise of voting annexed to it ; besides, he is no longer liber et legalis homo ; and, therefore, it may be said, is Outlaw, for treason or felony. (a) llchester^ 2 Peckw. 239, 245; (d) Hei/iv. €o. Elect. S2iS-~SZ5. Heyw. Co. Elect. 340—342. (e) Co. Littl. 128, b. (b) 11 Cfeo. 111. G.E.e. 55. (/) See Ante,p. 64. (c) 38 Geo. 111. I7.c. 61, 170 THE ELECTIVE FRANCHISE excluded on account of the personal incapacity under which he labours. I do not find, however, that there has been any determination of the House of Commons upon the subject ; but in the following cases the votes of per- sons outlawed have been objected to: — Bridgewater , 10 Dec, 1692, T, Webber was objected to, and the outlawry book was produced, whereby it appeared he stood out- lawed by mesne process ever ^ince the 2 Jac, II. ; but it was answered, that the debt was paid, and was pardoned by the general pardon, (a ) — Launcestoriy 17 Mar, 1723; it appeared, by the report of the committee, that T, Wake- man was outlawed for debt, 13 Ann, and that the out- lawry was not reversed, {b) And so Hindony 1 2 Aprily 1728, a voter was objected to as outlawed for debt.” (c) He then treats of excommunication, and states the ar- guments for and against disabling the person excommuni- cated, the point, though raised in two cases, never having received a determination in the House of Commons, {d) But now by the 53 Geo, HI. c, 127, and 54 Geo, 111, c, 68, excommunication is taken away, save upon definitive sen- tences, and decrees of that nature, for offences of eccle- siastical cognisance, and ( 5 . 3,) no person so pronounced excommunicate shall incur any civil penalty or incapa- city in consequence, except a certain imprisonment, &c. Outlawry, in a personal action, is no ground of excep- tion to a witness; but judgment of outlawry for treason or felony, appearing on record by the sheriff’s return of the exigent, has the same effect as judgment after a ver- dict or confession ; and such outlaw is not a competent witness, {e) III. Disqualifications arising from Opinions, As ail franchises now depend upon an oath or affirma- tion to be taken before registry, there are two classes of persons liable to exclusion. (a) lOJoMrw. 738, 1 Grey^s Deb. 209; WendoverylS \b) 20 Ibid. 299. Journ, 42. (c) 21 Ibid. 334. {e) 1 Phill, Evid, 29 ; and see Sim. [yX Bridgevoatery 8 Joum, 118 j 27. DISQUALIFICATIONS. 171 ]. Atheists, and such infidels as profess not any reli- theists. gion that can bind their consciences to speak the truth, are excluded from being witnesses (a), and, upon the same principle, it seems, from making any oath. Formerly, Jews and Heathens were considered incom- petent witnesses, and Mr. Gifford has given reasons for his opinion that their votes ought not to be received ; but the celebrated case of Omichund and Barker (h) has decided that a heathen is a competent witness when sworn according to the ceremonies of his own religion ; and it is now an established rule, that infidels of any de- scription, who believe in a God, the avenger of falsehood, (but not those who believe not that there is a God, or a future state of rewards and punishments,) ought to be re- ceived as witnesses, (c) Jews have always been permitted to vote at county elections in England upon taking the requisite oaths, ac- cording to the ceremony of their own religion (e;?); by the 10 Geo, I. G,B, c, 4, they were relieved, as to the oath of abjuration, by the act sanctioning the omission of the words ‘^on the true faith of a Christian;” see also the case of the naturalisation acts, Ante^ p. 165; and, un- less by the introduction of such words in the oath, or where there is an express clause requiring a party to be sworn ‘‘ on the Holy Evangelists,” I do not see on what principle they can be excluded from the franchise. 2. Non-Jurors. — By the 2, 3 Will, IV. C. 88, 5. 41, Non-jurors, except 7 . it/r ‘ 7 Quakers and Mo- every person, being a Quaker or Moravian, may make ravians. affirmation in the form thereby prescribed for each oath ; and former acts made similar provision (e) as to persons of these particular persuasions. But by this method of legislating for circumstances, and not upon principles. {a) 1 Phill. Evid. 21. and see the 19 Geo. II. Ir. c. 18, and jfi) 1 Atk. 21 j 1 Wils. 84 j* Willes, 9 Geo. IV. c. 32, as to their giving evidence in any case whatsoever, cri- (c) 1 Pkill. Evid. 22. minal or civil, and the 21, 22 Geo. Ill, (d) Heyv]. Co. Elect. 333. IT. c. 57, as to “ Seceders,” 172 THE ELECTIVE FRANCillSE Peers, many classes of persons are excluded from their civil rig^hts. At Wallingford, \bDec. 1709, the name of T. Parsons was entered specially on the poll, as a non-juror ; a wit- ness said “he was a conscientious man, but would not take any oath,” and he offered to subscribe the declara- tion, though he could not say that he was one of the people called “ Quakers.” The permission to Quakers and Moravians is not extended to persons of any other description, (a) IV. Disqualifications arising from Dignity, Office, and ’Employment. Peers. — Although, anciently, peers exercised the privi- lege of voting, yet the Houses of Commons of England, Great Britain (b) and Ireland (c), constantly passed reso- lutions against their interference, and the vote of a dele- gate, being a Scotch peer, was determined to be bad, in the case of the Scotch boroughs of Dornoch, ^c. (d) So in the case of Banbury, 1808, the vote of an Irish peer was objected to, and given up as too clear to be argued.(c) After the Union, upon the report of a committee ap- pointed for the purpose, the following resolutions were adopted, 27th April, 1802, and made standing orders of the House, and as such have been repeated at the begin- ning of every subsequent session ; — “ Resolved — That no peer of this realm, except such peer of that part of the United Kingdom called Ireland, as shall for the time being be actually elected, and shall not have declined to serve, for any county, city or bo- rough of Great Britain {f), hath any right to give his vote in the election of any member to serve in Parlia- ment. “ Resolved — That it is a high infringement of the liber- (fl) Heyw. Co, Elect. 328, citing, 17 JouiTi. 243. (b) Heyw. Co. Elect. 316. \c) Gilt- on Elect. 33. [d) Hey w. Co, Elect. 316. (e) Ibid. 318. (/) See the 40 Geo. III. Ir.c. 38, 4th Article of the Union, App, I. p, 135. DISQUALIFICATIONS, 173 ties and privlleg’es of the Commons of the United King- dom, for any lord of Parliament, or other peer or prelate, not being* a peer of Ireland at the time elected, and not having declined to serve any county, city, or borough of Great BritaiUy to concern himself in the election of mem- bers to serve for the Commons in Parliament, except only any peer of Ireland at such elections in Great BrU tain respectively, where such peer shall appear as a can- didate, or by himself or any others be proposed to be elected ; or for the lord lieutenant, or governor of any county, to avail himself of any authority derived from his commission, to influence the election of any member to serve for the commons in Parliament.” No commissioner, collector, surveyor, supervisor. Officers of Excise^ gauger, or other officer or person whatsoever, concerned or employed in the charging, collecting, levying, or ma- naging the duties of excise in Ireland^ or any branch or part thereof. Nor any commissioner, collector, surveyor, comptroller. Customs, searcher, or other officer or person whatsoever, concerned or employed in the charging, collecting, levying, or ma- naging the duties of customs in Ireland^ or any branch or part thereof. Nor any surveyor, collector, comptroller, inspector, or Revenue, other officer or person whatsoever, concerned, engaged or employed, by or under the Commissioners of his Majesty’s revenue in Ireland^ in the charging, collecting, levying, or managing any of the duties, taxes, or impositions in Irelandy paid or levied under the direction of such com- missioners or any of them. Nor any commissioner, officer, or other person, con- stamps, cerned or employed in collecting, receiving, or managing - any of the duties on stamped vellum, parchment and paper in Ireland, Nor any postmaster or postmasters general, or his or Post-office,, their deputy or deputies, nor any person employed by or under him or them in receiving, collecting, or managing the revenue of the post-office in Ireland, or any part thereof ; q3 174, THE ELECTIVE FRA??CHISE nor any captain, master, or mate of any ship, packet, or other vessel, employed by or under the postmaster ge- neral in Ireland, in conveying the mail from and to Ire- land, to or from Great Britain, or to or from any other place whatever, “ Shall be capable of giving his vote in any election for the choice of any representative in parliament for any county, city, county of a city, borough, town corpo- rate, university, or other place whatever in Ireland; 43 Geo, III. c, 25, s, 1. (a) But nothing in this act shall extend to any office then held or usually granted to be held by letters patent for any estate of inheritance or freehold ; s, 2. See the 1 Will, IV. c. 8 , s, 3. A further enactment relative to the excise is contain- ed in the 7, 8 Geo, IV. c, 53, s, 9, by which no commis- sioner, or assistant commissioner of excise, or commis- sioner of appeal under that act, or any officer of excise, or person employed in the charging, collecting or man- aging of any part of the revenue of excise, or in comp- trolling or auditing the accounts thereof shall be capable of giving his vote at elections. In "England, revenue officers were disqualified by the 22 Geo, III. c, 41, upon which the following decisions took place. The occasional employment, during the sickness or ab- sence of excise officers, of a person formerly discharged from the office, and not upon the restored list, for which employment he received an annual stipend from the col- lector, to be allowed by the board, at their discretion, was holden no disqualification. (5) The captain of a custom-house cutter, who had se- cretly resigned the command to another, from whom he received an annuity as a compensation, he himself having no longer any concern in the cutter, was holden a good vote, (c) (a) This act was repealed, (in mis- in force by the 7 Geo. IV. c. 48, ss, take, it seems,) by the 6 Geo. IV. c. 50, 52. 105, s. 404 ; but that repeal was re- yb) Oakhavipton 1 Fras. 164. pealed, and the act expressly saved ;c) Harwich 1 Peckw. 397. DISQUALIFICATIONS. P. D. was objected to as the master of a packet, al- though his duties were performed by his son : the son stated, he alone was master, and the profits exclusively his ; and the vote was allowed, (a) But where the voter held the office of post-master under a regular appoint- ment, but the duties were performed by an inn-keeper, who received the salary for his own use, the correspon- dence with the London Post-office being carried on in the voter’s name, his vote was disallowed, {b) So was that of the husband of a post-mistress, she having been appointed to the office before her marriage, (c) A person, once appointed office-keeper by the commis- sioners of excise, to see certain entries signed, without fee or salary, but who had given up the appointment, and his wife had received the deputation, was holden not dis- qualified. {d) A sub-distributor of stamps appointed by the distri- butor, not by the commissioners, who exercised no control over him, though he would have been dismissed by the distributor, if disapproved of by them, the distributor being answerable for the money he received, out of which he allowed him a per-centage, and authorised him to sign certain licences, was considered a good vote, (e) A sub- deputy appointed by a country post-master to distribute letters in a certain district, and receive the postage at a certain profit per mile on each letter, whose name was not in the post-office books, was not disqualified, {f) Nor the guard of a mail coach appointed by the comptroller of the post-office ; receiving and delivering the letter-bags, and receiving and accounting for the postages delivered short of the post towns, and receiving payment for the trouble.(g) Collectors of the duties on houses and windows were considered within the disqualifying words of the (a) 1 Peckw. 400, (e) 9 Ltid. 552. 1 Fras. 164. 1 (6; Bedfordshire, 2 Lud. 561. Peckw. 373. (c) Ibid. 558. (/) 2 Lud, 562., but see Glasgow, (d) 1 Peckw. 373 (but see the case 1 Peck, 354. of John Hawkins, Wootton Bassett, (g) 2 Fras* 454, 1817.) ShepK on Elect. 3. 176 THE ELECTIVE FRANCHISE 22 G, III. c. 41. 5. 1.; but, being appointed by the com- missioners of the land-tax, were held to be protected by an exception in sect. 2. of the same act, and not disqua- lified. {a) Farmers of the post-office rates and duties in England being appointed collectors thereof, are specially exempted from disqualification in pursuance of such appoint- ment {b ) ; and so are the fifteen coal-meters and ten corn- meters of London (though the coal-meters receive a commission from the commissioners of customs, and the duties upon imported corn are ascertained by the admea- surement of the com-meters) provided they shall not re- ceive or be entitled to receive any salary, fee, or reward out of the public revenues, (c) The coalmeters of the port of Dublin were appointed by the guild of merchants, and certain regulations, as to their wages or fees, were authorised by the 1 Geo, III. Ir, c, 10, s, 6, and 33 Geo, III. Ir, c, 40, s, 8. By the 6 Geo, IV. c, 107, s, 3, for the better ascertaining and col- lecting of the duties and customs upon coals, culm, and cinders, the commissioners of customs were empowered to appoint coal-meters in the service of the customs, to measure and weigh all coals, &c., and give certificates of the quantities unladen from any ship, to the collector or comptroller of the port ; “ provided always that no- thing herein contained shall extend to repeal, or in any way alter or affect any right of appointment of any me- ters possessed under any law or charter by any corporate body at the time of the commencement of this act.” It was proved that the coal-meters appointed by the guild of merchants performed the duty mentioned in this sec- tion, for the service of the customs; but it did not appear that they acted under any special appointment of the commissioners or received any salary or payment save their fees as the officers of the guild. It was contended that they were officers or persons, concerned and em- (fl) 2 Lud, 551, See 20 Geo, III. G, JS. c. 3, (b) 27 Geo. III. G. B. c. 26. s, 15. (c) 51 Geo. III. c. 84, DISQUALIFICATIONS. 177 ployed in the charging*, collecting, levying and managing of the duties of customs in Ireland, within the 43 Geo* III. c. 25 ; and the 6 Geo* III. c* 106, s, 8, was relied on, which enacts, that every person employed on any duty or service relating to the cusi oms by the orders or with the concurrence of the commissioners of his Majesty’s cus- toms (whether previously or subsequently expressed) shall be deemed to be the officer of the customs for that duty or service. Their votes were allowed. («) At the same election, the vote of H, B, was objected to, he being a commissioner for the examination and audit of the public accounts of Ireland under the 52 Geo* III. c, 52, and it was contended, that, as such, he was a person employed in comptroUing and auditing the accounts of the revenue of excise, within the 7, 8 Geo^ IV. c, 53, s. 9 ; on the other side the statement of the voter, that the accounts of the excise had never been brought before him, and the enactment of the 7, 8 Geo, IV. s, 49, for the appointment, by the treasury, of a comptroller and auditor of the accounts of the revenue of excise, were relied upon. The vote was allowed. (5) S* was objected to as being the accountant general of the Post-office, to which situation he was appointed by patent from the crown, with whom rested the right of removal also. It was insisted that he was a per- son employed by or under the postmaster general in managing the revenue of the post-office ; and had not a freehold in his office, and so within the 43 Geo, III. c* 25. His vote, also, was allowed, (c) By the 48 Geo. III. c. 140,5. 15, for the administration Dublin Police, of the office of justice of the peace wdthin the district of Dublin metropolis, no barrister or other officer appointed under this act (except the divisional justices who shall be aldermen, sheriffs’ peers, or common-council-men) shall during the time he shall continue in office, or within (rt) Abbotts' Questions on the Elec. (b) Ibid, p.35, tionsfor the city of Dublin in 1831. (c) Ibid. p. 40. p, 20 . 178 THE ELECTIVE FRANClilSE Agents. Almsmen. six months after he shall have quitted the same, vote for any member to serve in parliament for the county of Dublin or the city of Dublin, Any person, who shall, either during an election, or within six calendar months previous to it, or within 14 days after it shall have been completed, be employed at such election, as counsel, agent, attorney, poll clerk, flagman, or in any other capacity, for the purposes of such election, and shall at any time, either before, during, or after such election^ accept or take from any person whatsoever, for, or in consideration of, or with reference to such employment, any sum of money, retaining fee, office, place, or employment, shall be deemed incapable of voting, and his vote, if given, shall be void. 7, 8 Geo, IV. c, 37. The receipt of alms, or parish relief, by the custom of particular boroughs in England^ operates as a disqua- lification of voters ; and it has often been disputed, be- fore select committees, whether it was not a disqualifica- tion at the common law, equally affecting voters of all descriptions, and for all places. The learning upon the question is very fully collected by Serjeant Hey wood (a) ; the cases, with three exceptions, are all cases of bo- roughs, and in two of th0 county cases there existed other grounds disqualifying the votes rejected. In the Dedfordshire case a Voter was objected to as having re- ceived alms within a year before the election ; his vote was determined to be good, and a motion negatived^ “ that parish alms paid to a freeholder do invalidate his vote, although he continues in possession of a freehold of the clear yearly value of 40s.” {b) In a subsequent case the committee explained this resolution to mean, “ that pa- rish relief made no disqualification, while the voter re- tained the possession of his freehold, (c) It does not appear that this objection has ever been (rt) Heyiv. Co. Elect. 264—304. {b) 2 Lud. 563. {c) Ibid. 5^5. DISQUALIFICATIONS, 179 taken in Ireland (a) ; and it may thence, perhaps, be in- ferred, that such disqualification forms no part of the law of the land. The objection is not poverty, but the re- ceipt of alms out of some specific legal fund ; — and such, it seems, though there be not yet a poor rate, would be, the collections made in the parish church for the use of the poor of the parish, according to the rubric established 17, 18 Car, 11. Ir, c. 6 ; or forfeitures to that use, as Idzd, s, 4, the funds of the Houses of Industry under the 11, 12 Geo, III. Ir, c,; &c., or of any legally endowed hospitals. Freemen, inmates of the House of Industry in Dublin^ voted at the election in May 1831 without objection. In England^ it appears, the receipt of alms, within a year before the election^ is what is considered to disqua- lify (b ) ; but even that is subject to an exception in case of a change of circumstances, (c) (a) Gift, on Elect. W. {c) \q) Heyw, Co, Elect, 272, 285, ^c. The University excepted. Presiding barrister. CHAPTER III. OF THE REGISTRATION OF ELECTORS. No Registry is required for the borough of the Uni- versity of Dublin ; 2, 3, Will. IV. c, 88, ss. 13, 14. T/ie first Special Sessions, After the commencement of the reform act, a special session, for the purpose of registering votes for each county, city, town, and borough, shall be held in each county by and before the assistant Barrister (a) or Chair- man (6) of such county, and in each city^ town and ho^ rough by and before those mentioned in Sched, A,, on such day or days, and at such places as the Lord Lieu- tenant shall appoint ; s, 14. The Lord Lieutenant is authorised, by warrant under his hand, to appoint, for the duty of presiding at the special sessions to he first held for registering votes un- der this act, in any county, city, town or borough, or in any two or more such counties, cities, towns or boroughs, any barrister or barristers of not less than six years standing at the Irish bar, to be assistant to, or deputies of the assistant barrister or chairman ; s, 66. (a) 36 Geo. III. Ir. c. 25 :for Cork 2 Geo. 1. Ir. c. 11. ; 8 Geo. 1. Ir. c. 6. 4 Geo. IV. c. 93. 1 Geo. II. Ir. c. 14 ; 31 Geo. III. Ir. (Jb) i.e. in the county of Dublin^ c. 31. REGISTRATION OF ELECTORS. 181 Each riding in the county of Cork {a) shall be deemed to be a county ,.for the purpose of registering under this act ; s, 38. When two or more barristers shall be appointed for the same county, riding, city, town, or borough, they shall attend at the same place together, but shall hold separate courts at the same time for the despatch of bu- siness ; and they shall have the same powers &c., as the assistant barrister or chairman on whom the duties would have otherwise devolved ; s. 66. (h) Notice of holding the first Special Sessions. The clerk of the peace in and for each such county. Duty of clerk of ^ the pe&ce« city, town, and borough, or his deputy, shall, 30 days at the least before the day respectively so appointed, cause to be posted, in conspicuous places within each such county, city, town, and borough respectively, notices that such sessions for the purpose of registering the names of voters under this act,- for such county, city, town or borough, will be held on the days and at the places so appointed, and that applications for that pur- pose will be then and there taken into consideration ; s. 14. General Sessions. After the determination of the sessions directed to be Presidingbarrsster. first holden for the registry of voters for counties, cities, towns, and boroughs, application may be made for that purpose at any sessions of the peace or adjournment thereof to be held by and before the assistant barrister or chairman of the proper county, and by and before (а) See the 4 Geo. IV. c. 93. (б) In the Dublin Gazette has ap- peared a notice dated the 30th August 1832, that a special sessions for the registering of voters, in the several counties, cities, towns, and boroughs, pursuant to the 2, 3 Will. IV. will be holden, &c. The days appointed are from Wednesday the 10th, to Mon- day the 29th October and for all the counties at large, (except Dublin) several days, and different places, are named ; for the county of Dublin^ and each of the cities, towns, and bo- roughs, one day and one place only. R 182 REGISTRATION OF ELECTORS. the assistant barrister or chairman by Sched. A, autho- rised to register voters for such city, town, or borough — s. 27. And, if within a county at large, in the division {a) within which the freehold or leasehold interest intended to be registered shall be situate — Ibid. In the county of Dublin all voters shall be registered before the chairman of the sessions of that county, and in the city of Dublin before the said chairman, who shall for such purpose hold a session four times in each year, at such times and places as the Lord Lieutenant, &c. shall appoint — s. 44. It shall be lawful for the chairman to discharge the du- ties of registries in and for the city of Dublin (subsequent to the first or special sessions) by a sufficient deputy to be appointed by him, for that purpose, and which deputy shall be a barrister of six years standing at the least at the Irish bar, and shall be approved of by the Lord Lieu- tenant, &c. — s. 68. In the county of Cork there Bvafive general sessions of the peace, for each riding, in the course of every year ; 4 Geo. IV. c. 93, s. 3. Notice of Application. Every person intending to apply to be registered as a voter for any county, city, town or borough, shall, twenty clear days, at the least, before the first day appointed for holding the session, give to the clerk of the peace, &c. a notice of his intention so to do— 55. 15, 27. And, if within a county at large, in the dwision{a) within which the freehold or leasehold interest intended to be regis- (a)The Lord Lieutenant and Privy council are empowered by the 36 Geo. III. Ir.c. 25, s. 1, to divide each of the several counties at large 1 nto two divisions, for the purpose of the more conveniently hearing of civil bills,— but the county of Dublin is expressly excepted. By the 4 Geo. IV. c. 93, also, the county of Cork is divided into two ridings, to be dis- tinguished as Cork County, East Riding,” and Cork County, West Ri- ding,” and there are no divisions of these ridings. By the 38 Geo. III. Ir. c. 25, $. 6, the barony of Bally- nacor, in the county of Wicklow, is divided into two divisions for the purposes of the civil bill acts. REGISTRATION OF ELECTORS. 183 lered shall be situate, where the notice is for a general session — 5, 27 ; hut this last is not required for the first or special session — s, 15. A form for the notice is given in ScJied, C, No, 2 ; — Form, it contains no direction either for address, date, or signa- ture ; and though it may be prudent to add them, yet they do not seem essential. Thus, it is not necessary that a notice to quit should be Address, directed to the tenant in possession, if it be proved to be delivered to him in proper time, (a) A notice is a good notice to the person to whom it is delivered, though not directed to him ; but as a notice may be delivered to ano- ther for the clerk of the peace, and in such case it might be considered as a notice to that other and not to him, the precaution of addressing it seems particularly ad- visable. The following forms may be used To the clerk of the peace of the county of Donegal, To the clerk of the peace acting for the county of Do^ negal. To the clerk or clerks of the peace acting for the city of Dublin, To the clerk of the peace acting for the borough of Dundalk, A date, it seems, is not necessary to a notice. (5), Date. Neither is a signature ; and, even if it were, the name signature, of the claimant, in the body of the notice, even though the name were printed, would be a sufficient signature. (c) The 15th section says “ notice in writing,” the 27th ‘‘ notice” merely. But it is evident a written notice is contemplated in both cases ; and it is equally clear that “ printing” is “ writing” for these purposes, {d) (a) Doe V. Wrightman, 4 Esp. 5. 238 ; Propert v. Parker, 1 Russ, 8c M. (b) 2 Chitt. 238. 625. (c) Lcmayne v. Stanley, 3 Lev. 1 ; {d) Ibid. ; and see Schneider v. Knight V. Crockford, 1 E?,p. 190,* Non'is, 2 Maul, ^ S. 2B6, Saunderson v. Jackson, 2 Bos. ^ P. 184 Name, See, REGISTRATION OF ELECTORS. Right. 1. In filling up the first column of the form, write — The name, ix. the Christian name and surname of the applicant in full ; — yet there are cases in which abbrevia- tions or the initials of a Christian name are held suffi- cient. (a) The residence, i,e, his present or usual place of abode, {b) Where a clerk stated his place of abode to be the office where he was employed the greater part of the day, though at night he slept at another place, it was held sufficient, (c) A person is not bound to describe himself of the place where he remains for a temporary purpose merely {d) ; and one recently discharged out of prison, but still by permission lodging there at night was allowed to describe himself as late of such a prison (e) ; but not if he had altogether quit one place and taken his residence at another. Description, — viz. his trade, as “ shoemaker,” or busi- ness or occupation as ‘‘ grocer,” “ farmer,” or his rank or degree, as “ esquire,” “ gentleman,” ‘‘ yeoman.” So “ manufacturer” was held a sufficient addition {f), and one was considered well described as “ of the city of Zon- doUy merchant.” {g) II. The Right in which the Claimant seeks his Franchise. This is to be stated by one of these words, viz. : free- holder” — “ leaseholder” — “ householder” — “ freeman” — “ rent-charge” — or, if the fact be so, “ copyholder.’' These are generic terms warranted by the act, and, there- fore, though the franchise be that of burgess, “ freeman” will be a good designation — Sched, C. No, 9 ; and so, though it arise from a shop, ‘‘ householder” is correct, be- (rt) TidiVs Tract. {9th Edit.) SO, and see Williams v. Bar^ess, 3 148, SfC. Taunt. 127 ; 1 Peckw, 56 contra, {b) Cow. Interpr. voce " Resiancc.'' (/) Smith v. Younger ^ 3 Bos. 8; P, (c) Haslope v. Thorne, 1 Maul. ^ 550. S, 103 1 Chitt. 464, n. (g) Vaissier v. Alder son, 3 Maul.^ (rf) Bouhet V. Kittoe, 3 East, 154. 5. 165. (e) Sedley v. White, 11 East, 528 j REGISTRATION OF ELECTORS. 185 ing the general term which the act gives to the owner of that franchise — Sched, C, No, 8. in. The Description of the Property, and its Situation, Express the description with as much brevity, and ge- nerality, as is consistent with accuracy. In cases of freeholders and leaseholders, (inspecting the lease, &c.) thus — “ a plot of ground,” ‘‘ the lands of “ a dwelling house and concerns,” a messuage and pre- mises.” In cases of householders, thus — “ a house,” “ a house and land,” “a shop,” “a counting house,” “ a warehouse,” “ a warehouse and premises.” In cases of rent-charge, — “ a rent-charge issuing out of a plot of ground,” &c. The situation, — In counties at large, state, as far as can be done with certainty the toivnland and barony, and in cities, towns, and boroughs, the parish. Insert also the name of the village, street, square, lane, quay, or other denomination or place where situate, as far as certainty can be attained. Thus — “ situate in the townland of A, in the barony of B, and county of C.” — " situate at York- street in the parish of St, Peter in the county of the city of Dublin^^ — “ situate at Mountjoy-square in the parish of St, George in the county of Dublin and within the Czr- cular^roacC'" — “ situate in A, lane in the parish of B, and within the borough of C.” Very special care ought to be taken, where the fran- chise is claimed for a county at large, to state the barony, because the poll is directed to be taken with reference to baronies and half baronies ; 2, 3 Will, IV. c, 88, 5. 51. And in all cases, such a description ought to be given as will enable a person desirous of investigating the fran- chise, to find out, with ordinary diligence, the premises in respect of which it is claimed; ss, 15, 18. See the 35 Geo, III. Ir, c. 29, s. 31, ^c, ; 37 Geo, III. Ir, c. 47, 5. 17 ; r3 186 REGISTRATION OF ELECTORS. 45 Geo, III. c. 39, 5. 1 ; 60 Geo, III. & 1 Geo, IV. c. 11, 5. 35 ; 4 Geo, IV. c, 55, s, 4, &c. ; 10 Geo. IV. c. 8, Sched. II. The words in the reform act, “ barony, &c. or deno- mination or place where situate’’ bein^ disjunctive, the grammatical construction would be that, the mentioning of any one should suffice. IV. The yearly value to he registered. Value. It will be proper to fill this up, with the words at length, forty shillings” — “ ten pounds” — twenty pounds” — or “ fifty pounds” according to the franchise claimed ; but it seems sufficient to state it in figures : (a) Seethe 51 Geo, III. c. 77, s. 1. Several notices. Wherever there is any difficulty as to one right of vot- ing possessed by a party, and he is also possessed of another or others, or where there is a doubt under which of two or more franchises, or under which of two or more descriptions, a particular property ought to be registered, it is adviseable to prepare two or more notices according to the nature of the case, and to serve them together. This is better than to state several rights in one notice, and by delivering the several notices together no pretext is left for saying that one is a waver or withdrawal of another. Clerk ^of the ^peace cases of counties at large, and counties of cities to be served. towns, which have all their own clerks of the peace, (5) the directions of the act are sufficiently plain ; but it requires some examination to ascertain the inten- tion in the cases of those cities, towns and boroughs which are not counties of themselves. Statement of the By the l4th section the clerk of the peace in and for clauses. '' i ./ each such county, city^ &e. shall cause the notice of the first session to be posted. By the 15th, the applicant is (a) See Butler v. Coken^ 4 "Maul. 12 o’clock to 3 every day, Sundays^ and S. 335, 1 Chitt.S^^; I Tidd. Good Friday, and Christmas day Bract, {^th edit.) 167, note (1). excepted. See also the 4 Geo. IV. (5) Seethe 1 Geo. IV. c. 27, and c. 43, 5 Geo. IV. c. 93, and 6 Geo, 7, 8 Geo. IV. c. 67, jf. 12— by which IV. c. 52. their office shall be kept open from registration of electors. 187 , to g-ive his notice to the clerk of the peace, or his deputy acting for Mch county, city, &c. and such clerk of the peace or his deputy shall enter the notices and prepare the lists. By s. 16, at such special session the clerk of the peace or his deputy shall call the names in such list By s. 20, the affidavit of registry shall be delivered by the* barrister, to the clerk of the peace or his deputy, to be filed and kept amongst the records of the county, city, town, or borough. By s. 25, an appeal is given to the’ judges of assize at the next assizes to be holden for the same county, city, town or place; and by s. 26, the judge shall cause such acts to be performed by the clerk of the peace or his deputy, as are directed to be done at the sessions. Again, by s. 27, in applying for registry at a general sessions, notice is to be given to « the clerk of the peace.” By s. 28, upon any person being declared entitled to be registered, the clerk of the peace or his deputy shall Sign and give the certificate upon payment of one shil- ling, s. 28, 34. By s. 30, the clerk of the peace at every election for any county, city, town or borough, shall ap- point a deputy, &c. By s. 35, the clerk of the peace/or each county, city, town and borough, shall, under the di- rection of the chairman or barrister, as the case may be, on, &c. make out complete alphabetical lists of the regis- tered voters in eacA county, city, town and borough” m which he has acted in making such registry, and shall, at the expense of such county, city, toicn or borough, caLe them to be printed; and by s. 36, these expenses shall be defrayed by the clerk of the peace in such county, city and town (omitting borough); and the grand jury o each such county, city, and town, as the case may be, are required at the next assizes, or presenting term, to’ present such sums to be levied off their respective coun- ties, to be paid to such clerks of the peace. By s. 43, “ the clerk of the peace or his deputy, and town clerks, for each such county, city, town, or borouo-h, or his deputy,” shall attend the court during the sessions and shall take with them such affidavits, books and re- 188 REGISTRATION OF ELECTORS. gistry as they are required to attend with at any election ; (see s, 22, as to the production of their books ;) and s. 45, the barrister may fine them for breach of duty : see also s, 57. By 5. 51, whenever in any borough, &c. the number of registered voters appearing bi/ the books of the clerk of the peace^ capable of voting, shall exceed 600, two or more polling places shall be provided, &c. By.. 62, the words “ city, town, or borough,” shall be construed to include ail places, whether corporate or otherwise^ entitled to send a member or members to par- liament. Sched, A, is a list of assistant barristers and chair- man before whom sessions for registering votes in ea(?h citpy town or borough^ are to be held,” but no mention is made here of clerks of the peace. Sched, C, No, 1, is the form of notice for holding the first session; the signature contains but these three forms : — Clerk of the peace of the said county. — county of the city. — county of the town. From these clauses, taken all together, I infer — 1st, That the town-clerk of a city or town corporate, not being a county, is not the officer intended by the act for giving or receiving notices, or conducting the business of the registry court ; his duty being merely that of at- tending the court with the corporation books, &c. 2dly. That the clerk of the peace of the county in which the city, town or borough is situate, where the entire is in one county, is the clerk of the peace ybr such borough, and the officer intended for those purposes. 3dly, That in the case of the city of Dublin, to the electoral district of which a part of the county of Dublin is added, (2, 3 Wil, IV. c. 89,) the clerks of the peace of the county of the city of Dublin, are the clerks of the peace for the city ; see the wording of Sched, C, No, 1, where the phrase is “ city of,” not " county of the city of,” &c. and it cannot be contended that the appointment REGISTRATION OF ELECTORS. 189 of the chairman of the sessions of the county to hold the sessions for registering in the city draws the clerk of the peace of the county into the performance of the duties for the city. 4thlyj As to those boroughs which are situate in se- Boroughs in scYe. ral counties. veral counties, viz. COUNTIES. BOROUGH. Athlone^ Belfast, Carlow, (a) Clonmel, Lishurne, New Boss, ISfewry, Boscommon and Westmeath, Antrim and Down, Carlow and Queen's County, Tipperary and Waterford, Antrim and Down, Kilkenny and Wexford, Armagh and Down, PoHarlington, King's County & Queen's County. It seems to me that there is no sufficient provision in the act to constitute the clerk of the peace of either county the officer for the entire borough. Consequently, that on the clerk of the peace for each county, a duty must devolve for the giving and receiving the notices, attend- ing and conducting the registry, &c. and receiving the fees upon certificates, so far as premises situate in the respective counties are concerned; and the grand juries of the respective counties will be bound to present for the respective expenses of each. The case of freemen, if this construction be correct, presents a fresh difficulty. Can they be said to be of either county? To determine this, the charters of the boroughs ought to be inspected ; and if the entire of the ancient borough lay in one county only, to that county the freemen may be said to appertain. From the report of the Boundary Commissioners, this appears to apply to Belfast, ( Antrim J {b); Carlow, ( Carlow ) {c\; Neio Boss, ( Wexford ), [d) C*) Correct the statement in p. 30, only; to whicn the towm and liber- where this borough is said to be in ties were annexed by charter, 12 i?? county of “ Carlow” only; Jac. I. ; Rep. Ir. Round. Com. p. 33. CoZeraene, there stated to be in two (6) Ibldip. 13. counties, ought to have been marked (c) Jbid^p.VJ. as in the county of Londonderry {d) Ibid,p. 121. 190 REGISTRATION OF ELECTORS* But in the cases of Athlone{a\ Clonmel {h), and For- tarlington (c) it appears the ancient limits extended into the two counties. Whatever the difficulty may be, it can- not be turned into a means of defeating the franchise, and therefore, there seems to be no objection to the freemen, in these cases, proceeding* to register through the clerk of the peace of eMer county, at their option. In the remaining cases, of the boroughs of Lisburne and Newry, there is no corporate franchise. But there is a clause in a former act, which appears to me very ma- terial, and corroborative of the view of the reform act, I have submitted. By the 35 Geo, III. c. 29, 5 . 64, it is enacted, that in every borough or boroughs where the * right of voting is vested in the inhabitants in general, or inhabitants and others, which are situated in two differ-- 5 ent counties, every inhabitant qualified to vote, may, if he thinks proper, in the oath, &c. instead of the words ) ‘‘ resident inhabitant of the borough of in the county of substitute the words “ resident inhabitant of that part of the borough of which lieth in the county of < By the 55th section, the party, claiming the right of voting # as an inhabitant, is directed to make oath, &c. ‘^at the 1 quarter sessions of the county wherein such borough lieth, or some adjournment thereof;” and by the 61st section, | for the greater convenience of persons required to regis- i ter, at every quarter sessions to be held next after the 1st of August in every year, and for any county wherein there is situated any borough, or part of any borough, where the right of voting is vested in the inhabitants, &c. the justices are required to make an adjournment, &c. to such borough, for the purpose of there registering, &c. These clauses, it must be presumed, were in the con- templation of the framers of the reform act; and as it is clear, upon the construction, that the business of the {a) Rep, Ir. Bound, Comm.v 5. (b) Jbidyp.29. (c) IbidfP. 115, &c. REGISTRATION OF ELECTORS. 191 registry was the business of each county in which the premises, inright of which the party claimed, were situate, the reader will not, perhaps, think himself unwarranted, in applying a like interpretation to the reform act, made in pari materia. The notice to the clerk of the peace may be delivered Manner of service, to himself or to his deputy in any place. He is bound by act of Parliament 7, 8 Geo. IV. c. 67, s. 12, to keep his office open from 12 o’clock until 3 every day, Sundays, Good Friday, and Christmas day excepted; and there can be no doubt that delivery to any person in his em- ployment in such office is good service. A delivery to the high constable of the barony, within which the property to be registered is situate, is good service; s. 15. But this, it seems, is only for the first or special session; s. 27. Though personal service upon one of these persons is to be recommended, yet it seems not to be absolutely requisite; service on the wife or servant, at his dwelling- house, it may be presumed, is good service (a); but not on his servant elsewhere (5) ; nor, according to one case, to his clerk at his counting-house (c), although by a later case that appears sufficient {d). This last is strongly in point, as it arose upon the construction of the statute, requiring a party intending to dispute an act of bank- ruptcy, “to give notice in writing to the assignee;” and Abbott C. J. said, “I am strpngly of opinion that there IS no general principle of law requiring personal service in such a case as this. The cases in which personal service is necessary, are exceptions and rare.” It seems to me that the twenty days are exclusive both Time of service, of the first day of holding the session, and the day of serving the notice, so that the 19th of September is tho (rt) Hall V. Franklin^ 2 Price, 4 (5) Anon. Ibid. (c) M^Nabb v. Ingham, 2 Price, 9, {d, Wedger v. Browning, 1 Mood. and M. 27, 2 Carr, and E. 523. S V. Ramsbottom, 19 ^ REGISTRATION OF ELECTORS. last day for giving* notice of registering at a session to commence on the 10th of October'^ the 3d of October for the 24th, &c. It is true there are cases in which it has been held, that where a computation is to be made/’rom an act done^ the day when such act is done, is to be in- cluded («) ; but there are others the other way (6). In fact there is no such general technical rule, and the com- putation must depend upon the reason of the thing and the circumstances (c), and, in a great measure, upon the particular words used in each case. In none of those cases do the expressions resemble those here, “ twenty clear days at the least before the first day,” &c. If the last day for giving the notice were a Sunday y yet service on that day would be good. The statute, 7 Will, III. Ir, c, 17, s. 7, against serving on ex- tends only to “ writ, process, warrant, order, judgment or decree.” Preparation of the Lists, The high constable is bound to transmit, without delay, all notices given to him, to the clerk of the peace — s, 15. The clerk of the peace or his deputy shall, upon re- ceipt, enter all such notices according to the order in which he shall receive them — ss, 15, 27. Ten days at least before the day appointed for holding the session, he shall cause alphabetical lists oi such voters [applicants] to be printed and circulatedy and to be posted in conspicuous places throughout the county, city, town, or borough — ss, 15, 27, and see s, 36. The following observations are from Mr. Robinson^ s useful work on the registry oi freeholds : — “ The service of the notice is the only act required to be performed by the claimant preliminary to his registry ; (a ) Rex. V. Adderlet/y 2 Dougl. 464, (h) Ex parte Fallony 5 Durnf. and Castle V. Burdetty 3 Durnf, and E. E.9SS, 623. Ex parte Farquhat y Mont, and (c; Lester v. Garlandy 15 Fe’5.248. M.l, registration of electors. 193 the formation of the lists, and the publication of them, are the duty of the clerk of the peace, and the provisions of the act prescribing them may be considered as merely directory, it would seem, therefore, upon the authority of the case of Maxwell v. MClauran, decided by the Court of Exchequer Chamber in Ireland, upon the ano- nymous partnership act, that if the claimant serve a suffi- cient notice, though the clerk of the peace should publish an erroneous one, or omit to publish it at all, or within the time directed, he would notwithstanding be entitled to register. The case of Maxwell v. M-Clauran{a), which is familiar to the profession, though not in print, arose upon the anonymous partnership act, 21, 22 Geo. III. Ir. c. 46, which enacts, that no partnership shall be considered as formed under that act, unless the deed, or memorial thereof, be registered in the mode therein pre- scribed, and directs the register to keep certain books, and perform other matters with respect to the registry; the Court of Exchequer Chamber held, that though the officer omitted to perform his duty altogether, or in a manner so erroneous, that a person searching the proper books of the registry office would be unable to discover the existence of the partnership, yet this part of the act being merely directory, such error or omission could not deprive the partners of the benefit of the statute ; see also Garrick v. Williams (b), and Eyre v. Dolphin, {c) Some assistant barristers, however, conceiving that one of the most important checks to fraud, presented by this act, consists in the publicity given to the application, re- use to register, if any material variance exist between the notice served, and the published one, and the interest sought to be registered, likely to mislead the public as to the identity of the applicant, the nature and local situa- tion, or the annual value of the freehold. (а) See 2 Fox & S. 304, 5. (б) 3 Taunt. 5^. (c) 2 £aU^B. 300; see also Quin v. Mdwell, Batty, 339, and the cases Cited, zbids 351. S 194 REGISTRATION OF ELECTORS. Jurbdictioa. The omission of the barony in the notice has been held fatal, (a) Where a notice is given for the quarter sessions, it might be contended on the wording of the act, that the whole freehold should be situate within the division where the claimant seeks to register ; and that if one part of it were situated in one division, and another in a dif- ferent division, but neither of the requisite value, he w^ould not be entitled to register in either. It would seem, however, that as these divisions exist merely as an arrangement for facilitating the administration of justice, and as the applicant is required to have a freehold in the county, and not merely in the division, he should, upon a fair construction of the act in favour of the franchise, be admitted to register in either: these observations are equally applicable to a freehold situate in both ridings of the county of Cork^ but not of sufficient value in either, though s, 38 directs that each riding shall be deemed a county, for the purposes of this act. There can be no doubt that a freehold situate in different counties, but not of the requisite value in either, cannot be registered, unless the qualification in value can be sworn to exist in i the county in which the registry is claimed, (b) | By s, 64, separate freeholds in the same county &c. may now be counted as one freehold, and it is presumed ^ the party may register at a quarter sessions in a division > in which either, or part of either is situate. A person giving notice of a 1 0/. freehold, and proving himself qualified pursuant to his notice, but by a title accrued by descent, devise &c. subsequently thereto, would, it is conceived, be entitled to register, (c) ProceedingSy at the Session, to Judgment, Every session for registering voters within the reform act shall be deemed a court of record — s, 45; and the (o) Rob. on Reg. p. 15. (b) Ibid.p. 16. (c) md.p. 17. registration of electors. 195 barrister or chairman may fine and imprison for breaches of duty and contempts in certain cases — Ihid. The sheriff or undersheriff of each county, city and officers, town, the clerk of the peace or his deputy, and the town clerks for each county, city, town or borough, or his de- puty, and the high constable of the barony in which the court of sessions shall be held, and such number of other constables as the presiding barrister shall deem sufficient, shall attend the court from day to day — s, 43. The clerk of the peace, and town clerk, or deputy, as the case may be, shall attend with such original affidavits or affirmations, and every such book and registry, as they are required to keep ^ or to attend with and produce at any election — Ibid, See the 35 Geo, III. Ir, c, 29, as to the clerk of the peace’s book in counties at large, s, 42; in boroughs where the right is in the inhabitants, ss. 56—62; in cor- porations, 5. 73; see also the 60 Geo, III. & 1 Geo, IV. c. 11, 55. 8, 10, 29, and 10 Geo, IV. c. 8, 5 . 29. As to counties of cities and towns, see the 4 Geo, IV. c, 55 55.13, 18,30,44,45,49. In case any exigency shall render it necessary for the Adjournment, barrister to adjourn any session for the registry of votes, so appointed to be holden, or in case he shall be so di- rected by the Lord Lieutenant, it shall be lawful for him to adjourn and continue the same, as circumstances shall require, either to the same place, or to such other place or places as the Lord Lieutenant shall direct — 5 . 33. The assistant barrister or chairman is required to hear Order of proceed- and determine such applications at the general sessions, at the commencement of such sessions, and before any other business civil or criminal -s, 27. The clerk of the peace or his deputy shall call the names of the persons contained in the list in alphabetical order — 5 . 16. And twice again, at the least, during the sessions, shall over the names of all such persons as did not appear It the first calling — Ibid, 196 REGISTRATION OF ELECTORS. Evidence. Witnesses. Production of deeds, &c. Stamps.. Each claimant’s case shall be heard in the order of hiss appearance — Ihid^ If any person shall refuse to be sworn or to give evi- dence, upon the investigation of any claim to register, without sufficient lawful excuse, the barrister, &c, may order such person to pay a line, &c. or in default com- mit, &c. — s, 39. Quakers and Moravians may make affirmation — (a) s. 41 ; and the taking of any false oath or affirmation under this act is made peijury— 42. Each person (claimant), when called, shall produce in open court the deed, lease, or instrument, if any, dul^ stamped, by virtue of which he shall claim a right to be registered ; — or shall, by his own oath, or otherwise as the barrister, &c. shall require, sufficiently account for the non-production thereof;— or, if he shall not claim by vir- tue of a deed, lease, or instrument, or is disabled from producing such deed, lease, or instrument, then such per son shall otherwise establish his right to be registered as such voter, pursuant to his notice, according to the pro- visions of this act — s, 16. The requisite, of the instrument being stamped, was in- sisted on by previous statutes; 60 Geo. III. & 1 Geo. IV. c. 1 1 , 5. 32 ; 4 Geo. IV. c, 55, 5. 1 1 ; 10 Geo. IV. c. 8, 5. 6. This applies, certainly, to all cases of claimants apply- ing to register as freeholders and leaseholders; but, where the party claims as a householder, if it happens that he holds under a deed or writing, does it follow that he is bound to produce it ? The clause requires the pro- {a) It is conceived that it is the common law right of all sects of pro- fessing Christians [say of all mankind, vid, ante, p. 171,] to be sworn in the form prescribed by their religion, and such as they consider binding on their consciences. This has been recog- nised in the case of the Scotch cove- nanters, even in criminal matters j see Mildrone^s case, 1 Leach, ‘619', Cowp. 390 ; and in other cases ; see 2 Sid. 6, Peake, 22, where witnesses professing the Christian religion were sworn according to a form different from the usual one. The 21, 22 Geo. III. Ir, c,57, ss. 1, 2, (which is con- ceived to be only declaratory,) permits a seceder, in civil cases, to be sworn according to the form therein pre- scribed ; viz. : by holding up his right hand, as the sign of an oath, and by repeating these words, “ I do solemnly and sincerely swear before Almighty God.” As both covenanters and se- ceders do take an oath, and swear in the strict sense of the word, although different from the common form, it is conceived that they can register without any alteration in the forms in the schedule. Rob, on Reg.pp. 13, 14. RteGtS'tRAlC'ION OF ELECTORS. 19 diiction ^of the party’s lease, &c. hy virtue of which lie shall claim a right to he registered; and if occupancy give the franchise, not title, the production of the lease, &c. though it may be satisfactory evidence, does not ap- pear altogether essential. If, indeed, there appear to be any such, its contents cannot, consistently with the rules of evidence, be considered unless it be produced, or a ground laid for admitting secondary evidence of its con- tents, and if produced, it cannot be looked at unless duly stamped. The admission of a freeman appears, manifestly, to be an “ instrument” hy virtue of which the party claims a right to he registered. Even if it were not, the stamp on the admission is a necessary part of the freeman’s title^ except in certain cases, Ante,pp. 132 and the doubt is, if the admission be an “ instrument,” within the meaning of this clause, whether the stamp must not be shown even in the instances before excepted ? It may be right here to notice the cases upon the stamp act, where the stamped instrument is not forthcoming. A regular stamp may be presumed in certain cases ; as where the instrument is in the hands of an advei'se party, who refuses to produce it after notice; for the adverse party may prove the negative, (a) If an instrument, which ought to be stamped, is proved to have been lost, parol evidence of its contents may be admitted without proof of the stamp being regular, where it can be pre- sumed, from the circumstances of the case, that the in- strument was duly stamped, {h) In a late case, upon a question of settlement between two parishes, it appeared, that an indenture of appren- ticeship, which had been regularly executed 30 years be- fore, was delivered to the apprentice at the end of the term and lost; that a premium had been paid with the apprentice ; and further, that the parish, in which he had served under the indenture, had for many years treated (a) Crisp v. Anderson^ 1 Stark. 25, (b) 1 P/iiili Evid, (Itk Edit.) 525, s3 198 REGISTRATION OF ELECTORS. Title of landlord. Former practice. nim as one of their parishioners; on the other side it was proved by the deputy register and comptroller of the ap^ prentice duties, that it did not appear that such an inden- ture had been stamped with the premium stamp, or en- rolled, from the time of the date to the time of the trial of the appeal ; but it was held right, in the justices at the sessions, to have presumed that the indenture had been i properly stamped. The question,” said Lord Ellenho-^ rougliy “ was, whether the presumption, that all was rightly done after the lapse of so many years, was suffi- ciently rebutted by the negative evidence of the officer ; they thought not, and w'e cannot say that they have done wrong : for the presumption of law^ is to be favoured, and agJiinst the negative evidence they may have set the pos- sibility of an irregularity in the returns made to the officer.” (a) No person is bound to produce the title deeds of any landlord, under whom he may claim or derive, or make proof of such title, and possession and perception of rent shall be deemed evidence of such landlord’s title ; s. 16. Assistant barristers in investigating the title of the per- ^ son claiming to register, have in general been satisfied by j the production of a valid, and subsisting lease, purporting I to convey an adequate freehold estate to the claimant, or ^ to some person, whose interest he can shew^ legally vested ; in him; they do not call upon him to prove, formally, the execution of the deed by the subscribing witnesses, but rest upon his own testimony as to its validity in that par- ticular ; these sections merely requiring the production of the deed, lease, or instrument, duly stamped, and di- recting the assistant barrister to inspect and examine it ; nor have they in practice generally instituted any inquiry into the title of the lessor, upon the principle, that the | execution of a freehold lease, accompanied by possession « in the lessee under it, amounts to primd facie evidence of i a fee, or other sufficient freehold estate in the lessor ; | (a) Bex V. Inhabitants of Long Buckley y 7 EasU 45. REGISTRATION OF ELECTORS. 199 some assistant barristers, however, conceiving’ that this primd facie evidence of a sufficient freehold estate is re- butted, by any recital or statement in the lease produced, or by any admission of the claimant of the existence of any deed, or instrument, under which his lessor derives his interest in the premises out of which the registry is claimed, have required the production of the title of the lessor, so far as to satisfy them, that he had such an es- tate vested in him as would entitle him to orginate the freehold interest of the applicant; but this practice under the 10 Geo, IV. c, 8., was overruled by Lord Plunkety C, J, in the case of Ex-parte Staunton^ which decision, adverting to the grounds upon which it was founded, seems to establish, thatthe assistant barrister was in no case authorised to demand the production of the lessor s title, though it did not, it is concei- ved, go the length of precluding him from reject- ing the claim, upon the production of satisfactory evi- dence impeaching the title of the lessor, or upon the ad- mission of the party himself, that his lessor had not a suf- ficient freehold interest. The case of ex-parte Staunton was an appeal from an order of the chairman of the county of Dublin, rejecting the claimant, “for defect of title,” who admitted that his lessor held, by some lease, his inte- rest from the owner in fee; but what this interest was, did not appear, nor was the lease which conveyed it produced. Lord Plunket reversed this order, upon the grounds, that the tenant could not compel the production of the deed showing his lessor^s title, and as such production might be prejudicial to the parties interested, it would be doing injustice to the claimant to require him to do that which he had no power to do, and thereby virtually deprive him of his franchise.— Com. Pleas, May, 1830, Sittings after Easter term, (a) If claiming as a freeholder, leaseholder or householder, Value, &c. the party shall also make it appear that the property in («) Rob, on Reg. pp. 24, 25. REGISTRATION OF ELECTORS. 200 respect of which he seeks to be registered is of the value and nature by the act prescribed, and that he is otherwise duly qualified to be registered; ss, 16, 17. Former certificate. A certificate of registry pursuant to the previous laws shall be taken 2i9, prhnu facie evidence of the right to be registered without further proof or oath ; and in cases where the certificate is not produced, the barrister may refer to any original affidavit or affirmation, or transcript, or record thereof, or any entry thereof in the books which the clerks of the peace or town clerks are authorized or required to make, or keep ; and if he be satisfied, this shall be sufficient, without oath or further proof, unless cause to the contrary shall appear ; s, 22. But all 406\ freeholders, and 5Z. householders must appear in person to be examined on oath, and must, if required, make proof of the nature and sufficiency of their qualification ; s, 23. A certificate of a former registry under this act, shall be deemed to be primd facie evidence of the right of voting ; s, 27. Opposition to claim. Duty of Barrister. Adjudication of title. The claim may be opposed ; but no person shall be re- , ceived as the opposer of any claimant who shall not be • himself a registered voter, or a person who has served a ] a notice to register as a voter, or some counsel, attorney i or agent duly authorised by such voter or claimant to * appear for him or on his behalf ; 5. 18. ! The barrister shall examine every deed, &c. produced — | and may enquire as well by the oaths of the claimants as | by any other evidence offered in support of, or in opposi- j tion to the claim, &c. and into the truth of the several particulars, required by the provisions of the act, or re- quired to be stated in any oath by the claimant prescribed in the act to be taken for such registry ; s, 17. And he shall determine upon the validity or invalidity of the claim, — and whether the claimant is or is not to be registered as a voter, 5 . 17 ; — and if he shall deem him so entitled, and not subject to any legal disqualification, (a) die shall so declare and adjudge; 5. 19. REGISTRATION OF ELECTORS. 201 If it appear to him that the claimant is not so entitled, order of refusal, shall refuse to permit him to be registered, and shall make an order accordingly ; — and, if insufficiency of value he the ground, the order of refusal shall state such insuf- ficiency as the ground of such order ; — or otherwise shall state the objection, by reason whereof the claimant has been adjudged not to be entitled to be registered; 21. Such order shall be without prejudice to any future application ; — Ibid, As there are not negative words in the act, that the ^ ^ ’be not given &c. presiding barrister shall not allow a claimant to register his vote, if his name be not in the list of the clerk of the peace, or if he has not given the specified notice of his intention to apply, it may be questioned whether the ju- risdiction of the barrister does not subsist, notwithstand- ing such omissions to include the name or give the notice ? On the one hand it were hard to say, that a man who has duly given notice shall be prejudiced by the neglect or default of the officer, or when he himself has not been in default; for instance, his title may not have accrued to him in sufficient time, to give the required or any no- tice, and is he therefore to be excluded from his franchise, and left to his remedy against the officer? It will be ob- served, too, that, by s, 13, when the title accrues to any person by descent, &c, at any time within six months next before such registry, such person shall be entitled, in respect thereof, to be registered as a voter at the re- gistry, &c. then next to be had. On the other hand, the 15th section requires that every person intending to apply shall give notice; and it may be urged that this is imperative, as one object of the no- tice is, to admit those, who may have the means of de- feating an invalid claim, to come forward and oppose it, 5. 18. The authorities referred to, on other similar questions^ seem sufficiently to authorise the inference, that the omission of the ministerial officer, where the notice has 202 REGISTRATION OF ELECTORS. been in fact regularly given, shall not prejudice the fran- chise, the enactments, as to his duties, being directory. Whether that is the effect of the enactments as to the giving of the notice, is not so clear ; but even if it be not, still, operation may, perhaps, be given to the express pro- visin of s, 13, admitting those whose title had not ac- crued in time to give the notice required. See p. 1 92 &c. Proceedings on Appeal, Appeal, If an order of refusal be made, the claimant may appeal To whom. 4.1 r 1 n . n tneretrom to the judges of assize, at the next assizes for the county, city, town, or place within which the pro- perty is situate ; ss. 24, 25, 27 ; or in the case of any voter in the county of DubHuy or city of Dublin^ to a judge of any of the superior Courts of Record in Dublin^ at nisi prius^ at the sittings for the [city of Dublin next after such order made ; s, 44. On question of va- When the order is grounded on insufficiency of value, the judges, or one of them, shall enquire, by the verdict of a jury^ whether the property is of the annual value, within the meaning of this act, at which the claimant seeks to register his vote, s, 24. The jury shall be returned by the same officer, and in the same manner in which juries are now returned in cases of appeal from the decrees of assistant barristers on civil bills; {a) — Ibid, {a) By the 2 Geo. I, Ir. c. 11, s. 1, in case any judge or judges before whom such demand shall be tried, shall think it proper to have any fact or facts, controverted in the cause, tried by a jury, in such case, a jury shall he returned instantly by the proper officer^ to try such fact or facts, and the judge or judges shall proceed to make their decree on the verdict of such jury ; for the return- ing of which jury, the returning 'officer shall have the fee of Is. and no more, and the judge’s clerk for entering such verdict (id. And by s. 5, if any fact shall be controverted in such appeal, end shall appear •doubtful to the judge or judges, such facts shall be tried by a jury, to be returned immediately, at the prayer of the party, before the judge or judges ; and a decree and decrees. Sec. shall be given thereon in man., ner as aforesaid. By the 36 Geo. III. C.25, s. 29, an appeal is given from the decree or dismiss made by the assistant barrister ; and the judges of assize, or one of them are and is empowered and required to rehear the cause, in the ' same manner as they are empowered and directed to do, in case of appeals from the de- crees made by judges of assize, in other cases. The 33d section, ap- pointing the several fees which may be taken, includes — £. s. d. “ To n\c sheriff iox return^ ing a jury - - 0 1 0 “ To the clerk of the peace for entering a verdict 0 0 6” 203 registration of electors. If the jury shall give a verdict in favour of the claim, and the judge shall consider such claim to be in other respects well founded, the order, so complained of, shall be thereupon rerersetf, and the claimant be declared and adjudged entitled to be registered as a voter under this act; ibid. When the order of refusal is made upon any other ground, the judges or one of them shall have power, on motion, to review such order, and either to affirm or re- verse the same, as shaU be lit, and thereupon to adjudi- cate; s, 25, The adjudication on the appeal shall have the same effect as if it had been made by the barrister, &c. at the sessions; ss. 24, 25, 27, 44. Of the Oath or Affirmation of Registry. The person declared entitled by the barrister, &c. shall verify his title by affidavit, and take and subscribe (as the case may be,) the oath stated in schedule (C), instead of any former oath or oaths; s. 19. This must be taken subject to the exceptions in ss. 22 and 27, in favour of those before registered. The affidavit shall be signed by the barrister, &c., and shall be by him delivered to the clerk of the peace or his deputy, s. 20, To be filed and kept amongst the records of the county, City, towriy or borough ; ibid. And the barrister is required to take care that such oaths shall be agreeable to the form prescribed, or as near thereto as may be ; ibid. And no objection in point of form shall at any time be allowed to any such oath when signed ; ibid. If the order of the barrister, &c. be reversed upon ap- peal, the judge shall thereupon cause the oath to be taken ;and subscribed, &c., in like manner as the barrister is required to do,— and shall cause such acts to be performed by the clerk of the peace or his deputy, and such pro- ceedings to be had, as directed and required when the voter IS registered at sessions; s. 26. 204 REGISTRATION OF ELECTORS. One of the principal objects of registry being, to obtain upon record precise materials for ascertaining the identity of the freeholder, when he presents himself to exercise his franchise, care should be taken to describe him ac- curately by his Christian name, and his usual surname, (a) More objections have been raised at elections, founded on variances between the name at top, and the one subscribed to the affidavit, or between both and the name in the certificate, or in the registry book, than upon any other ; subject; and as objections of this class may prove matters of substance, the cases are here stated. Numerous cases have occurred upon variances between the affidavit, certificate and entry in the registry book ; to instance a few of them, in which the vote has been ad- ; jjiitted : Mahor in registry book, Mahon in affidavit, which was the name of the voter; Gorman, name at top ; of affidavit, and in registry book, signed Gorman, .; which was the voter’s name; Horan in registry book, affidavit signed Horahan, which was the name of the voter. So clerical eirors occurring in the memorial of : annuity deeds, have been held notto vitiate ; and itlhas^ been holden, that a new commission was not necessary toj correct a clerical error, where the name was idem sonans,i\ as “ Balwin” for “ Baldwin,” and mere surplusage does not vitiate a commission of bankruptcy. ( c) But where the ^ name of a person tendering his vote does not agree with the affidavit of registry, but does with the registry book he has not been allowed to poll, (d) The election acts do not define what addition of place • is to be considered sufficient ; but under the statute of ( additions, I Hen. V. c. 5, it is said, that a man may be named of a vill, or hamlet, or of a hamlet within a vill, but the addition of a parish is not good, nor the addition of a barony, if there are divers vills in both, (e) But a (а) Col. LiW. 3, a ; Bac. Abr. Mts. nmner, A. and B. 1. If a man be tx)n firmed by a name different from his name of baptism, that becomes his name; 2 Ro Abr. 135, Nosme A. (б) 6 Durnf. and E. oidj 19 Ees. 535. re ) In re Baldwin, 2 Rose, — . - also 2 Salk. 661, Cowp. 229 ; 2 LaU^ F.C.9n. (d) Rob.onregA\,9i. (e) Theloal. Dig. L. 6, c. 14, s. 20 , 2 Co. Inst. 669; Bac. Abr. Misnomer \ B. 4. REGISTRATION OF ELECTORS, 205 clergyman named rector of a particular church, is a good addition, because he is intended resident (a); so the free- holder should state his residence with sufficient precision to prevent any inference of fraud; but it has been held a SJifficient addition of place to name a person of a city, or town, without specifying the street, &c. (Z>) As to the description, see ante, p, 184. (c) Landh a sufficient description of houses, waters, woods, &c. at common law, (d) but in the 1 0/. freeholders affidavits it must be understood in a more limited sense, as the soil occupied by pasture or tillage ; if therefore the tenement be only profitable as a residence, land is an inadequate description ; thus a house and cart shed, or a small court yard, were held insufficiently described as land — and “houses and lands” were considered an inadequate de- scription of two houses, and two small gardens, (e) These decisions occurred on the English act, 18 Geo. IL c, 18, which required from the voter an oath, stating the nature and situation of his freehold, and the place of his abode. Land unbuilt upon, cannot be described as house or houses; — if, therefore, the freehold be occupied by resi- dence, or tilling or grazing, or by residence and both the latter, it will be well described, as house and lands; and it is the safest course to adopt either or both of these words, in each case, as they may be applicable. See 51 Geo. III. c. 77, s. 1, which seems still in force as to this point, and contains the following provision : “ Every such oath or affirmation shall be good, valid, sufficient, and effectual in law, in which the actual occupation of such freehold shall be stated to be either by residing thereon, or by both tilling and grazing, or by all or any or either of said means whether stated copulatively or disjunctively. The directory clause in the 6th schedule is nearly similar. (а) Farmer's case, Middlesex, 2 Peckw. 55. (б) Bac. Abr. Misnomer, B. 4. (c) Addition of rank, profession or mystery, was not required by the former act ; Rob. on Reg. 42 ; the direction in Sched. C, Nos. 2, and .3, is desci^ption,” which seems a ^wid€^ phrase than “ addition of estate, de- gree or mystery,” as used in the 1 Hen. V. c. 5 s see 2 Co. Inst. 668, 669, (jd) Co. Littl. 4, a ; ante, p. 78. (e) Middlesex, 2 Peckw. 59, 60. T 20G REGISTRATION OF ELECTORS. Or the same English statute, it was decided — that “ John-street, St Sepulchr^e^^ the street being really “ St, Johii-streety was sufficient, the diflference being immate- rial. So, situate in “ Greenfield-street^ Whitechapel^'* was held sufficient, though the freehold lay in “ Mile-end old town,'* part of G^.-street being in the one, and part in the other, and the whole popularly called Gr .-street, White- chapel, But where the freehold, situate in one place, was described to be in another, and it did not appear to be so spoken of in common language; the vote was dis- allowed. (a) Whenever it is necessary to name the townland, it must be named by its ancient name, though it should have acquired a different modern appellation, and no equivalent, as the name of a town or village, will serve in place of the townland, the omission or mistaking of which was held fatal; the same of barony or half barony. (^) But the name of the townland has been held sufficient without giving it the appellation of townland.(c) The directory words, “ or other denomination,” &c. correspond with those used in the 60 Geo, III. ^ 1 Geo, I V. c. 1 1, 5. 35, under which it has been held that the town- . land need not be stated, but that the insertion merely of j the denomination, or common name by which the place < is generally known is sufficient, (d) By 40 Geo, III. c, 80, s. 1, in the registry of all free- : holds situate in the city of Londonderry ^ and in that part of the liberties thereof situate and lying on the north-west side of the river Foyle^ and in the town of Coleraine^ and that part of the liberties thereof, lying on the north-ea^/ | side of the river Bann respectively, the words barony or j half barony, townland or townlands, shall be omitted in j* the oath or affirmation of the person registering the same, and the words “ City of Londonderry f or “ That part of the liberties thereof situate and lying on the not th- j west side of the river Foyle f or “ Town of Coleraine^' (a) 2 Peckw. 56, 57. (5) Giffl on Elect.. 70. (c) Rob. on Reg. 42. (d) Rob. on Reg. REGISTRATION OF ELECTORS. 207 or That part of the liberties thereof situate and lying on the north-east side of the river Bann^^ (as the case may be,) shall be respectively inserted in their place ; pro- vided always, that “ all freeholds in that part of the city of Londonderry situate and lying on the north-e«.9^ side of the river Foyle, shall be registered as “ being and lying in the half-barony of Tyrkeerinf and all freeholds in that part of the liberties of Coleraine on the north-z47e5^ side of the river Bann^ shall be registered as “ being and ly- ing in the half-barony of Coleraine^ The affidavit stated, that I am a freeholder of (blank) held sufficient, as other parts of the affidavit stated the freehold to be within the county, (a) Where the affidavit stated the interest to be derived under a lease, and the voter swore he held it under a will 5 his vote was rejected, (f) The affidavit did not state whether the voter held by deed, lease, or instrument, or set forth any other title : it was held bad j but the omission of a date to the deed, as stated in the affidavit, does not seem to be material, as it operates from delivery, and may be valid without any date ; and when the affidavit bore date Aprils 1800, and stated a lease, dated Aprils 1803, it was held no defect, (c) In the barony of (blank) held fatal : the affidavit did not state out of what the freehold arose, whether houses or land, held that the statement of actual occupa- tion by tilling and grazing cured the defect; but the omission of the mode of occupation, by tilling, &c. has been held fatal, (d) The name subscribed to the affidavit did not correspond with the name at the top, but was the same with the entry, the vote was held good. The affi- davit of a marksman and his name subscribed, held bad : and also when no mark appeared to have been made. The omission of the signature either of the justices, or of one of them ; or of the clerk of the peace to the certificate of (aj Rob. on Reg. 93. (6) Ibid. Ibid, id) Ibid. 208 REGISTRATION OF ELECTORS. former registries, is fatal, or of the assistant barrister, or clerk of the peace, or jud^e on appeal, to certificate under 10 Geo. IV. c. 8; but the want of the statement of their being justices, has been held no objection. The omission of the signature of the voter, or of the justices, or of a judge, or of the assistant barrister to the affidavit, is fatal, but the omission of the clerk of the peace^s signature is not, his duty being ministerial, (a) It is not a valid objection to an affidavit that the date of the Jurat differs from that in the caption; the caption being no part of the affidavit, and if the date of either cor- responds with the entry in the registry, it will be suffi- cient ; affidavits are now frequently dated as of the first day of the session, and not of the day on which they are sworn, and the entry in the book is dated on the day the affidavit is sworn, which it is also conceived would be no valid ground of objection. In this case, perhaps, the regis- try would date from the first day of the sessions, as the session is considered in law but as one day. It has been decided, that where there is no date to the affidavit it is bad, but this seems to be very questionable : the forms prescribe no date, the entry of which is the ministerial duty of the officer, and the time of the registry can be ascertained by reference to the registry book, if the affi- davit correspond substantially in other particulars with the entry ; the caption of the affidavit stating the day of sessions, though no date to the jurat, has been held suffi- cient. {h) The registry of any freehold shall not be impeached on account of any irregularity in the holding or adjourning of any sessions from whence the sessions at which such freehold should have been registered, shall have been adjourned, either directly, or any adjournment of ad- journments, provided such latter sessions shall have been duly and regularly held in all other respects ; 37 Geo, III. c. 47, s. 11, (and sees. 10); 4. Geo. IV. c. 55, s. 15* (a) See ante p. 192 ^c. (a) Rob. on Reg, 91. kEGIS’TRATtON OF ELECTORS. 209 Of the certificate of registry. Upon any person bein^ declared entitled to be re- gistered as a voter, the clerk of the peace, or his deputy? shall, upon payment to him of the sum of one shilling, (and the party is exempt from any other fee, 2, 3 Will. IV. c. 88, s. 34,) give to the person so declared ent\\\Q^2i certificate on parchment^ signed by such clerk of the peace or his de- puty, as also by the barrister, chairman, or judge, (see s. 26,) declaring such right ; — that such person has been registered as a voter for such county, city, town, or bo- rough, — and the character and right in which he has been so registered, and the date of such registry ; s. 28, and Sched. D. Nos. I, 2, 3. He shall also then and there make an entry of such certificate at the foot of the voter’s affidavit of registry, and sign his name to such entry ; s, 28. In the case of those before registered as the party is entitled to a new certificate without the oath {ss. 22, and 27,) this entry, it seems, is to be made at the foot of the original affidavit of registry. Clergymen claiming as freeholders in right of their benefices, and 50/. freeholders may register either at the special or any general quarter sessions ; and may register by taking and subscribing the proper oath in any of the superior courts of record, in Dublin^ or before a judge at the assizes, in the manner now by law authorised, {a) s. 46. The oath shall be subscribed by one of the judges of the court before whom it is taken ; ibid. Being delivered to the clerk of the peace, it shall be signed by him, and kept amongst the records of the pro- per county ; ibid. (o) See the 35 Geo.Wl. It. c. 29, ss. required the affidavit to be produced 36, 37 ; and 10 Geo. IV. c. 8, s. 25 ; at the sesssons, and read aloud there for counties at large ; and the 4 Geo. in open court; ceremonies which 10 IV. c. 55, s. 9, for counties of cities. Geo. IV. and the reform act have and towns j and the 35 Geo, III. this dispensed with. T 3 210 REGISTRATION OF ELECTORS. Such freeholder shall be thereupon (a) entitled, upon payment of the fee of 1 s. to receive, at any quarter ses- sions of the peace for the division of the county, in which his freehold shall be situate, a certificate of his registry, as a voter, for such county, city, or town res- pectively ; which certificate shall be in the form pre- scribed &:c., and shall be signed by the assistant barrister and clerk of the peace, or his deputy, and shall be of equal validity with any certificate to be granted by this act, and subject to the same provisions ; ibid. The frame of this section exposes it to many questions upon its construction, (b) It entitles the party upon delivery of the affidavit to the clerk of the peace, to a certificate dXSi quarter sessions. Queer ey whether this mode of registry is allowable in the ridings of the county of Corky where there are five general sessions ? So it may be questioned whether it can be done in the county of Dubliuy or city of Dublin ? But though the chairman is not mentioned, yet the 40th section gives him the functions of an assistant barrister, and although, the registry sessions for the city of Dublin are not sessions of the peacey yet the registry shall be conducted as before an assistant barrister. We have already stated the doubt, as to the power of registering a freehold for a borough in this manner ; Ante.p. 61. Again, can such freeholds be registered in this man- ner at the first special sessions ? The first word of the clause says they may be registered either at the special or any general, quarter sessions. That seems as if some particular benefit were intended ; but the clause point- ing out this special mode of obtaining a certificate is confined to the quarter sessions. So was the 10 Geo. IV. c. 8, 5. 25. As the claimant who has delivered the oath, sub- scribed by the judge, to the clerk of the peace, is entitled. (a) The signature of the assistant this case ; Rob. on Reg, 13. barrister to the oath is not required in (6} See Ante p. 60. REGISTRATION OF ELECTORS. 211 in the cases, whatever they be, to which the clause ap- plies, to a certificate upon the oaths being’ signed by the clerk of the peace &c., it seems to follow, that the bar- rister is deprived of all judicial power over the case ^ except, perhaps, to determine whether the oath is con- formable to the directions of the act. Neither does it appear that the judge has any such power. Another consequence seems to be, that such parties are not bound to serve any notice of their intention to register at the session where they claim upon affidavits^ so subscribed by a judge, (a) By the 45 Geo, III. c. 59, 6*. 10, and 4 Geo, IV. c, 55, s» 78, for the better securing the performance of the duties directed to be performed by the clerk of the peace or his deputy, in respect to the registry of freeholds ; it was en- acted, that the several clerks of the peace or their depu- ties, of the several counties of Ireland^ should, at the general quarter sessions of the peace, or adjournment thereof, next after the passing of the act, or at the next general quarter sessions of the peace, or adjournment thereof next after his appointment, take and subscribe an oath. (5) Which oath the said clerks and deputy clerks of the peace are required to deliver to the treasurer of the county, to preserve amongst the records of the county. This section seems to be still in force by the operation of the 55th section of the reform act, but the form would require the addition of the following words, so as to em- brace the whole of the election code as it now exists : ‘‘ or by any other act or acts now in force touching the registry of electors.” Every deed, lease, or instrument, produced by any person making the affidavit or affirmation aforesaid^ shall be indorsed at the time in open court by the clerk of the peace, with his name and the day of the month and year ; and the clerk of the peace shall then and there compare (a) Eob, on Reg. 15. (5) See the form App^ 209. 301, 212 REGISTRATION OF ELECRORS. the deed, lease, or instrument, with the ’affidavit of re- gistry ; 45 Geo, IIL c. 59. 5. 3 ; 4 Geo. IV. c. 55. s. 14. The section seems still in force, and was acted upon in practice at sessions on registries, under 10 Geo. IV. c. 8, of 10/. and 20/. freeholders. («) ' The acting clerk of the peace at every sessions of re- gistry, shall, in counties, immediately after each affidavit or affirmation of registry shall have been signed, and before he proceeds to do any other business whatsoever, in counties of cities and towns, within ten days, enter into a book the substance, of every such affidavit or affirmation, in the form prescribed (5), 60 Geo. IIL & 1 Geo. IV. c. 11, s. 28, and 4 Geo. IV. c. 55, 5. 13. It is not a valid objection to the entry of the registry^ that it does not appear to have been signed by two jus- tices as required by 1 Geo. IV. c. 11, s. 28, or by the as- sistant barrister, pursuant to the same section, as modified by 10 Geo. IV. c. 8. An important question was raised upon this ground at the Armagh election, 1826, affecting the right of several hundred voters ,* the objection in sub- stance was, that a certificate corresponding with the entry of registry being required by 1 Geo. IV. c. 11, s. 10, to entitle the voter to poll, he could not be permitted to do so, where this certificate was signed by two justices, but the entry of registry was not signed at all ; the votes were admitted by the assessor, (c) List of Registered Voters. The clerk of the peace for each county, city, town and borough, shall under the direction and with the ad- vice of the chairman or barrister, on or before the 1st of February in each year, examine, correct, and make out complete alphabetical lists of the registered voters in each county, city, town, and borough, in which he has {n) Rob. on Reg. (b) SeeApp.pp, p 35. & 7 , 277 . (c) Rob. on Reg.p. t REGISTRATION OF ELECTORS. ‘213 acted, in making such registry, with the dates of their registrations respectively annexed ; 2, 3, Will. IV. c, 88 s. 35. And on or before that day cause such lists to be printed, and posted in some conspicuous place in the counties to which they relate ; and deliver copies at Is. for each; Ibid. mm ; :;, ■,.., v^ ^ w,:---j ’.f ’■'v*' '; ' , ■•■ •" A ' r ,.,X.V VA >;► .',, ’vi*". ,'; . '.\i '-’- ^ > - ‘-'Wi.-i*ii»ll«p* -0*‘'!! ^ WIA ^■ ’v ^. ■ 1 • t.yv*K'' ♦ *»'■ ( 'Y • 251 ADDENDA ET CORRIGENDA. Page 30. Ill column 2, of Table III., opposite to “ the Borough of Carlow"'" for “ Carlow"^ read “ Car- low and QneerC s \ and, oposite to ‘‘ Coleraine^^ for ^^Londonderry and Antriniy" read ^^Londonderry,'"'" Page 67, at the end, add By the 50 Geo, III. c, 25, the grantee or lessee of per- sons thereby enabled to grant lands for endowing schools, is disabled from voting as a freeholder by virtue of such grant. App,p,22 \, — Page 109. To the note in the margin, add By reference to the English and Scotch reform acts it Householder, will appear that they expressly enact where the premises, occupieis. shall be jointly occupied by more persons than one, as own- ers or tenants, that each of such joint occupiers shall, sub- ject to the conditions before mentioned, be entitled to vote in respect of the premises so jointly occupied, in case the clear yearly value of such premises shall be of an amount, M'hich, vvdien divided by the number of such occupiers, shall give a sum of not less than 10/. for each and every »uch occupier, hut not otherwise. These negative words, coming imediately after the section w^hich confers the 10/. householders’ franchise, in terms similar to those in the Irish reform act, (naming the occupier, in the sin- gular number only, on the one hand, and, on the other. 216 ADDENDA ET CORRIGENDA. specifiying* the premises " of the clear yearly value of not less than 10/.’* go far to show the opinion of the legis- lature, 1st, that the enfranchising clause extends to joint occupiers ; 2dly, that, in the case of joint occupiers, without such additional negative clauses, the words of the pre- vious section would not have required that the pre- mises should be of a greater annual value than 10/. Indeed, this latter proposition is manifest ; and the only real doubt is, whether the enfranchising clauses apply to joint occupiers, which the English Scotch acts seem to prove in the affirmative. If so, a close attention to the clause will also prove, that it is immaterial whether* the parties hold the house &c. as joint tenants, or^ tenants in common ; for it is not upon tenancy , hut upon’ occupation that the franchise is founded; and, before, partition, it is plain, that the occupation of tenants in^ common is joint. The 26 Geo. III. G. B c. 38, enacted that no person should be capable of acting as a commissioner of a court „ of requests, unless he was a householder within the; place, and possessed of a certain property. On a ques-j tion as to the legality of an appointment to the office of? register of the court, it was held, that where A. carried* on trade in partnership with others, and had a dwelling^ house and counting-house attached to it in the cityi {Bristol) the counting-house being used by different part- ners, who daily resorted thither for the purposes of their trade, and the dwelling house being occupied by a clerk or servant of the firm, paid by them, as were also the rates, taxes, &c. he, and each of his partners w^as a house- holder of the city wdthin the act, although neither he nor they actually resided wdth their families in Bristol. So, also, where the dw^elling house was occupied by one of the partners rent-free, and the taxes &c. w^ere paid by the firm. Bex. V. Hall, 1 Barn, C. 1 23, The case was argued with great learning, and Abbott, C. J., said, in giving judgment, " Each of them with his partners, is the tenant, or holder of a dwelling-house : ADDENDA ET CORRIGENDA. 217 each either by a servant or a partner, sleeps in such house ; and each is in the daily habit, for the purposes of business, of resorting* to such a dwelling-house, or to some of the buildings connected with it.” In a case which occurred soon after, A. B, and C, car- rying on trade in partnership had a dwelling-house, yard, and premises in a parish in London; all the partners were in the habit of frequenting the premises daily for the purpose of business ; but none of them resided there. The dwelling house was inhabited by a clerk, who ma- naged the business for them, bnt the rent, rates and taxes, were paid by the firm ; and it was held, that each of the partners was a householder within the 43 JEliz, Eng. c, 2, and liable to serve the office of overseer. The judgment of the court in this case is important, for they observe, “ When a similar question was under conside- ration last term, we were not insensible that a distinc- tion might be attempted to be made between those cases where the legislature intended to confer a benefit, and others where it intended to impose a burden. We are of opinion, that there ivas no foundation for such a dis- tinction^ and that the same rule of construction ought to prevail in all cases.” Rex v. Poynder, 1 Barn, ^ C. 178. The editor is indebted to Serjeant Perrin for these references. Page 115, after the last paragraph, add — In the case of the borough of Chippenham^ 1 Peckiv. Householders 262, the right of election w'as determined to be “ in the part of the bailiff, burgesses, and freemen, being householders of and resident in the ancient burgage houses within the borough.” And it was resolved, that “the vote of a freeman, being the bond fide householder of, and resi- dent in, an ancient burgage house within the borough, was good, notwithstanding he takes into his house lodgers^ or inmatesP The following was the argument for the iffirmative of the proposition. “ It cannot be contended :hat a man is less a householder, who admits a lodger nto his house. A householder is he who takes the whole u ADDFADA ET CORRIGENDA. house ; has an orig'inal right to the outward door or en- trance ; is responsible for the rent to the landlord ; and to the public for taxes and rates, and for serving parish offices, if lawfully required. But although he should let a part of his house to another, he continues still as responsible in these particulars as before, and to the same extent; this letting, therefore, does not affect his character as a householder. The resolutions contain- ed in the case of Cirencester y 2 Fra. 449, contains, by implication, the same doctrine: they are directed against the inmates, whose right was then in question; but it seems to be admitted, that a householder, who has an « exclusive right to the use of the outward door of the ; building, although by taking inmates he may have relin- « quished for a time the exercise of that exclusive right, ^ still continues a householder, and may vote as such.” i Househoiders not The question as to the meaning of the word “ house- * house?^ holder,” was also discussed in the case of (second) II- . cliestery 2 Peckw. 237 ; where the right of voting was ^ in the bailiff, capital burgesses, and inhabitants, not ; receiving alms,” and it was agreed that ‘‘a voter for the ^ borough must be a householder, and have a legal settle- | ment there.” The committee acted upon the rule, that evidence was not admissible to show the sense of the ^ word householder in a particular place; and so to the i legal signification of the word, it was contended by the counsel for the sitting member, that it signifies “one who hath personally inhabited and dieted himself.” They cited Dr. Johnson, who defines ‘ householder ’ to be “ the master of a family,” and ‘ housekeeper ’ to be a “ householder, master of a family,” and argued from this and other authorities, (see Jac. Law Pici^ “ House- holders, paterfamilias, is the occupier of a house, a housekeeper, or master of a family,) that the two words were synonymous, and that a man who did not reside in the house was not within the definition. On the other side, the distinction was to him between householder, and housekeeper, that the former word did not include ADDENDA ET CORRIGENDA. 219 the idea of actual residence, and diet, as the latter did. The chairman delivered the opinion of the committee, that since the right of voting had originally been declared to be in the inhabitants at large, and since that right appeared to have afterwards been restricted to inhabitants of a par- ticular description, the committee, adverting to the ge- neral principle of the original representation of this borough, would restrain the right as little as possible, and they required only, that the voter should be an in- habitant of the borough legally settled, that he should be the bond fide occupier of a house within it, either as his own, or as tenant to the owner of it ; and that he should have the control of the outer door of it. He fur- ther added, that the committee desired it might be un- derstood, that they did not take upon themselves to decide upon the precise meaning of the word ‘ house- holder’ as a general term, or to furnish an authority in any future case. “ It is perfectly immaterial what interest the occupier Tenancy, has ; whether he holds as tenant at will, or by any other tenure ; it is not necessary to inquire into the occupi- er’s title”; per Buller S, 1 Durnfi E. 343, Lord Bute V. Grindall; there, the ranger of a royal park was held rateable, as such to the poor, for inclosed land, in the park ; yielding certain profits which were granted to the ranger. So in Rex, v. Mathews, Cald, 1, it was held that one occupying a lodge and two acres of land, whether he paid for them by rent or by service, was equally liable. Thus, even a servant, holding the pre- mises in consideration of service, where the profits were to his own use, was held an occupier. APPENDIX L ELECTION STATUTES. PART I. — ACTS OF THE PARLIAMENTS OF ENGLAND AND GREAT BRITAIN, WHICH HAVE BEEN ADOPTED BY ACTS OF THE PARLIAMENT OF IRELAND. PART II. — ACTS OF THE PARLIAMENT OF IRELAND. PART III. — ACTS OF THE PARLIAMENTS OF ENGLAND AND GREAT BRITAIN ADOPTED BY ACTS OF THE PARLIAMENT OF THE UNITED KINGDOM. PART IV. — ACTS OF THE PARLIAMENT OF THE UNITED KINGDOM. 2 APPENDIX L ELECTION STATUTES. PART L ACTS OF THE PARLIAMENTS OF ENGLAND AND GREAT BRITAIN, WHICH HAVE BEEN ADOPTED BY ACTS OF THE PARLIAMENT OF IRELAND, (a) No. L — 3 Edw. I. Eng. & Ir. Westm. 1. c. 5. ^ A.D. 1275. 'I Election! “ And because elections ought to be free, the king com- • mandeth upon great forfeiture, that no man, (6) by force of ! arms, nor by malice, or menacing, (c) shall disturb any to make . free election.” ( No. 2. — 5 Edw. II. Eng. & Ir. c. 29. 1 A.D. 1311. f Of holding _ i i ^ . i i ‘ parliaments “ FORASMUCH as many persons are delayed in the king’s v annually. court of their demands, because that the party alledge th, that i (a) By a statute of 13 Fdw. II. Ir. it is said, (see note to Sir Richard j Bolton's Edition of the statutes ; 1 Gahb. Dig. Preface p. ix.) the English statutes of Merton^ 20 Hen. III. ; of Westm- 1, 3 Eaic. 7. : of ^ Gloucester^ 6 Edw. I . ; and Westm. 2, 13 Edw. I . ; were all confirmed by ^ the parliament of Ireland. By the 8 Edw. IV. Ir. c. 1, all statutes and acts, made by authority of parliament within the realm of England^ \ were ratified, and confirmed, and adjudged by the parliament of Ireland^ in their force and effect from the 8th of iViarcA then last past, TA.D. z 1468) ; and by the 10 Hen. VII. Ir. c. 22, it was ordained that, “ alle sta- I tutes late made within the realm of England^ concerning or belonging | to the common and publique weal of the same from henceforth be deemed -i good and effectuall in the law ; and, over that, be acceptyd, used, and ^ executed, within this land of Ireland^ in all points, at all times requisite, according to the tenor and effect of the same ; and, over that, that they and every of them be authorized, proved, and confirmed in this said , land of Ireland. And if any estatute or estatutes have been raadef j. within this said land hereafterf to the contrary, they and every of them i' ' ’ be annulled, revoked, voyd, and of none effect in the law.” See ■ also Lynch on Elect. 29, 30. as to the 13 Edw. II. Ir. A. D. 1332. I (b) The original, in Lib. Rub. Scacc. Dublin^ is, “ guenuly hauthomene | autre literally, “ no great man nor other.” | (c) The original, ibid, is “ malicey' merely j for which is read “ ma~ I nascCy' in Lib Horn. ^ O PART I.] 4 Edw. hi. c. 14. S the demandants ought not to be answered without the king, and also many people be aggrieved by the king’s ministers against right, in respect of which grievances no one can re- cover without a common parliament ; we do ordain, that the king shall hold a parliament once in the year, or twice, if need be, and that in a convenient place : and that in the same parliaments, the pleas, which are in the aforesaid form de- layed, and the pleas whereon the justices are of divers opi- nions, shall be recorded and determined. And, in like man- ner, the bills shall be finished which are delivered in parlia- ment, in such sort as law and reason demand.” No. 3. — 7 Edw. II. Eng. & Ir. c. 1. A.D. 1313. A Statute forbidding hearing of Armour. « The king to the justices of his bench, sendeth greeting. The king forbids Whereas of late before certain persons deputed to treat upon the coming sundry debates had between us and certain great men of our pSfam^eV realm, amongst other things it was accorded. That in our next parliament after, provision shall be made by us, and the common assent of the prelates, earls, and barons, that in all parliaments, treatises, and other assemblies, which should be made in the realm of England for ever, that every man shall come without all force and armour, well and peaceably, to the honour of us, and the peace of us and our realm ; and now in our next parliament at Westminster, after the said treatise, the prelates, earls, barons, and the commonalty of our realm, there assembled to take advice of this business, have said, that to us it belongeth, and our part is, through our royal seigniory, straitly to defend bearing of armour, and all other force against our peace, at all times when it shall please us, and to punish them which shall do contrary, according to our laws and usages of our realm ; and hereunto they are bound to aid us as their sovereign lord at all seasons, when need shall be : we command you, that ye cause these things to be read afore you in the said bench, and there to be enrolled. Given Westminster, the thirtieth day of October'' No. 4 — 4 Edw. III. Eng. & Ir. c. 14. A.D. 1330. “ Item, it is accorded, that a parliament shall be holden Annual every year once, and more often if need be.” parliaments. 4 5 Ric. 11. c. 4. [appendix I. No. 5. — 36 Edw. III. Eng. & Ir. c. 10. A.D. 1362. ** Item, for maintenance of the said articles and statutes, and redress of divers mischiefs and grievances which daily happen, a parliament shall be holden every year, as another time was ordained by statute.” No. 6. — 46 Edw. III. — Ex. Rot. Pari. 46 Edw. III. m. 1. nM. 13. (a) A.D. 1372. * «« Whereas men of the law who follow divers businesses in the king’s courts on behalf of private persons, with whom . they are, do procure and cause to be brought into parliament many petitions in the name of the commons, which in no wise relate to them, but only the private persons with whom they ' are engaged ; also sheriffs who are common officers for the people, and ought to be abiding in their office, for the doing ‘ right to every one,^ are named, and have heretofoi'e been and ' returned to parliament knights of the shires, by the same lawyers^^lnd sheriffs ; it is accorded and assented in this parliament, that sheriffs shall not hereafter no man of the law following business in the king’s be returned to court, nor any sheriff for the time that he is sheriff, be re- - kSghS^of the turned nor accepted knights of the shires ; nor that they who ; shires. are men of the law and sheriffs now returned to parliament have any wages ; but the king willeth that knights and ser- ( jeants of the most worthy of the county be hereafter returned i knights in parliament; and that they be elected in full county.” \ No. 7. — 5 Ric. II. Eng. & Ir. stat. 2. c. 4. Every person to whom it hehngeth shally upon Summonsy come to the Parliament. A.D. 1382. Item, the king doth will and command, and it is assented in the parliament by the prelates, lords, and commons, that all and singular persons and commonalties, which from hence- (a) “ This Ordinance was first printed in the edition of the statutes pub- lished by Cay ; together with several of the petitions of the commons in this parliament, and the answers thereto, arbitrarily selected from those entered on the parliament roll of this year : the reason given by Cay for introducing these petitions and answers is, that ‘ one of the ordinances'* of this parliament is printed ‘ as a statute’ in the preface to the third part of Lord Cokers Reports, and is cited as such in Colonel Sidney's trial, 35 Car. II. and in Lord Preston's trial, anno 2 WiU. ^ Mary. What is thus termed * one of the ordinances’ by Cayy and ‘ an act of parlia- ment’ by Lord Coke, is a petition with the king’s answer thereto, ‘ Le Roi le voet,’ relating to the search and exemplification of records, entered PART I.] 7 Hen. IV. c. 15. forth shall have the summons of the parliament, shall come from henceforth to the parliaments in the manner as they are bound to do and have been accustomed within the realm of England of old times. (2) And if any person of the same realm, which from henceforth shall have the said summons ^ (be he archbishop, bishop, abbot, prior, duke, earl, baron, banneret, knight of the shire, citizen of city, burgess of borough, or other singular person, or commonalty) do absent himself, and come not at the said summons, (except he may reasonably and honestly excuse him to our lord the king) he shall be amerced and otherwise punished, according as of old times hath been used to be done within the said realm in the said case. (3) And if any sheriff of the realm be from henceforth negli- gent in making his returns of writs of the parliament ; or that, omitting his he leave out of the said returns any cities or boroughs, which return, be bound, and of old time were wont to come to the parlia- ment, he shall be punished, in the manner that was accustomed to be done in the said case in times past.” No. 8.-7 Hen. IV. Eng. & Ir. c. 15. The Manner of the Election of Knights of Shires for a Parliament, A.D. 1405. “ Item, our lord the king, at the grievous complaint of his commons in this present parliament, of the undue election of the knights of counties for the parliament, which be sometime made of affection of sheriffs, and otherwise, against the form of the writs directed to the sheriff, to the great slander of the counties and hinderance of the business of the commonalty in the said county;” (2) our sovereign lord the king willing therein to provide remedy, by the assent of the lords spiritual and temporal, and the commons, in this present parliament assembled, hath ordained and established, That from hence- knights^ forth the elections of such knights shall be made in the form as followeth : (that is to say) at the next county to be holden after the delivery of the writ of the parliament, proclamation shall be made in the full county of the day and place of the on the parliament roll m. 5. nu. 43 : but it does not appear that any act was ever drawn up or enrolled in form, on the statute roll or otherwise, either upon that petition, or upon any of the other petitions which have a similar answer. The cause assigned for the insertion of such petitions and answers in this particular instance by Cay^ would apply to many other petitions and answers entered on the parliament rolls, which are incidentally considered as statutes by Lord Coke and other writers ; but none of which are found enrolled in the form of acts, or inserted in any printed editions of the statutes. The instrument printed in the text, is expressly stated on the parliament roll, m. 1, nu. 13, to be an ordinance made in this parliament ; and having been printed by Cay is therefore here reprinted, with a translation X\iQveoV’—\ Statutes of the Realms p. 394, note. a 3 1 Hen. V. c. i. [appendix r. parliament, (3) and that all they that be there present, as well suitors duly summoned for the same cause as^ other, shall attend to the election of the knights for the parliament, (4) and then in the full county they shall proceed to the election freely and indifferently, notwithstanding any request or command- ment to the contrary ; (5) and after that they be chosen, the names of the persons so chosen (be they present or absent) shall be written in an indenture under the seals of all them that did choose them, and tacked to the same writ of the parliament, which indenture so sealed and tacked shall be holden for the sheriff’s return of the said writ touching the knights of the shires, (6) And in the writs of the parliament to be made hereafter, this clause shall be put: Et electionem tuam, in pleno comitatu tuo factam, distincte et aperte, sub sigillo tuo et sigillis eorum qui electioni iUi interfuerunt, nobis in cancellaria nostray ad diein et locum in brevi contentum certijices indilate.'' ' No. 9.— 11 Hen IV. Eng. & Ir. c. 1. The Penalty on a Sheriff for making an untrue Return of the ' Election of the Knights of the Parliament, A.D. 1409. First, whereas in the parliament holden at Westminstej, 1 H. 4. c. 15. the 7th year of the reign of our said lord the king, there was ordained and established by a statute for the preservation of > the liberties and franchises of the election of the knights of the ^ shire used through the realm, a certain form and manner of ' the election of such knights, as in the said statute more fully 1 is contained : (2) and forasmuch as in the same statute no ' penalty was ordained or limited in special upon the sheriffs of : the counties, if they make any returns to the contrary of the . Inquest of office same statute,” (3) ‘it is ordained and stablished, that the jus-’ ' Ittize assigned to take assizes shall have power to inquire in their sessions of assizes, of such returns made; (4) and if it be found by inquest, and due examination before the same justices, that any such sheriff hath made, or hereafter shall make, any return contrary to the tenor of the said statute, that then the said sheriff shall incur the penalty of 100/. to be paid to our lord the king ; (5) and moreover, that the knights of the counties so unduly returned, shall lose their wages of * the parliament, of old time accustomed.” No. 10.—1 Hen. V. Eng. & Jr. c. 1. What sort of People shall be chosen, and who shall be choosers of the Knights and Burgesses in Parliament. A.D. 1413. “ FniST, that the statutes of the election of the knights of the shires to come to the parliament be holden and kept in all PAET I.] 6 Hen. VI. c. 4. 7 points ; (2) adjoining to the same, that the knights of the shires which from henceforth shall be chosen in every shire, be not chosen unless they be resident within the shire where th|y shall be chosen, the day of the date of the writ of the summons of the parliament. (3) And the knights and esquires, and other which shall be choosers of those knights of the shires, be also resident within the same shires, in manner and form as is aforesaid. (4) And moreover, it is ordained and established. That the citizens and burgesses of the cities and boroughs be chosen men, citizens and burgesses, resiant, dwelling and free in the same cities and boroughs, and in no other in any wise.” No. 11 6 Hen. VI. Eng. & la. c. 4. The Sheriff's Traverse to an Inquest found, touching returning Knights of the Parliament, A.D. 1427. Item, where it was ordained and established in the 7th year of King Henry the Fourth, grandfather of our lord the 7 H. 4. c. 15. king that now is, that knights of shires for the parliament should be chosen in the manner and form following ; that is to say, at the next county to be holden after the delivery of the writ of the parliament, proclamation shall be made in the full county of the day and place of the parliament, (2) and that all they which be present there, as well suitors duly summoned for tliis cause, as other, shall attend to the election of their knights for the parliament, (3) and then in full county they shall proceed to the election freely and indifferently, notwith- standing any request or commandment to the contrary ; (4) and that after they be chosen, whether such persons chosen be present or absent, their names shall be written in indentures under the seals of all the choosers, and annexed to the said writ of parliament, which indenture so sealed and tacked, shall be holden for the return of the said writ, as to the knights of the said shires ; (5) and also in the writs of the parliament here- after to be made, this clause shall be put in the manner as fol- loweth : Et electionem tuam, in pleno comitatu tuo factam, distincte aperte, sub sigillo tuo ^ sigillis eorum qui electioni illi interfuerint, nobis in cancellaria nostra, ad diem §* locum in, brevi contentos certifices indilate, (6) And for that in the same statute no pain was ordained, nor especially set upon the sheriffs of the county, if they make their return contrary to the said statute, it was ordained and established the 11th year of the said King Henry the Fourth, That the justices of assizes should have power to inquire in their sessions of assizes, of such returns made ; (7) and if it be found by inquest and due examination before the same justices, that any such sheriff hath made, or hereafter shall make, any return contrary to the tenor of the said statute, that the same sheriff should incur 8 Hen. VI. c. 7. [appendix I. 8 The knights rhosen for the parliament, and the sheriffs of counties, may have their traverse of an office found against them. the pain of 100/. to be paid to our said lord the king, (8) and moreover that the knights so unduly returned shall lose their wages of the parliament in old times accustomed ; (9) to the great mischiefs of sheriffs and knights of the shire, which be forebarred and put out of their answer against such inquests of olRce, taken before the said judges, because of the statutes and ordinances aforesaid.” (10) ‘ Our lord the king, willing in this case to provide remedy, hath ordained and established. That all the knights of the shires, chosen for this present par- liament, and the sheriffs of the same counties against whom ! any inquests or offices of undue election be found before the | justices of assizes, shall have their answer and traverse to such inquests of office taken; (11) and also all the knights from henceforth so to be chosen, and the sheriffs that shall make such elections shall have their answer and traverse to such in- quests and offices before any justices of assizes hereafter to be ; taken ; (12) and the said knights and sheriffs shall not be ? endamaged unto our said lord the king or his successors, for ; any such inquest taken, or to be taken, until they be duly con- vict according to the form of the law.” t No. 12 — 8 Hen. VI. Eng. & Ir. c. 7. • H. 4. c. 15. What sort of Men shall he Choosers, and who shall he chosen Knights of the Parliament, A.D. 1429. ' ! ! “ Item, whereas the elections of knights of shires to come j to the parliaments of our lord the king in many counties of the | realm of Engla^id, have now of late been made be very great, ' outrageous and excessive number of people dwelling within ! the same counties of the realm of England, of the which most ; part was of people of small substance, and of no value, whereof every of them pretended a voice equivalent, as to such elections to be made, with the most worthy knights and esquires, dwell- ing within the same counties, whereby manslaughters, riots, batteries, and divisions among the gentlemen and other people of the same counties, shall very likely rise and be, unless con- venient and due remedy be provided in this behalf (2) ‘ our lord the king, considering the premises, hath provided, ordained, and established by authority, of this present parliament. That the knights of the shires to be chosen within the same realm of England, to come to the parliaments of our lord the king, hereafter to be holden, shall be chosen in every county of the realm of England, by people dwelling and resident in the same counties, whereof every one of them shall have land or tenement to the value of forty shillings by the year, at the least, above all charges ; (3) and that they which shall be so What is required chosen, shall be dwelling and resident within the same coun- wf the candidates, ties; (4) and such as have the greatest number of them that may expend forty shillings by the year, and above, as afore is The qualifica- tions of the electors. PART I.] 10 Hen. VI. c. 2. 9 said, shall be returned by the sheriffs of every county, knights for the parliament, by indentures sealed betwixt the said sheriffs and the said choosers so to be made. (5) And every sheriff of the realm of England shall have power by the said autho- rity, to examine upon the Evangelists every such chooser, how much he may expend by the year; (6) and if any sheriff return knights to come to the parliament, contrary to the said ordinance, the justices of assizes, in their sessions of assizes, shall have power by the authority aforesaid, thereof to inquire ; (7) and if by inquest the same be found before the justices, and the sheriff thereof be duly attainted, that then the said sheriff shall incur the pain of 100/. to be paid to our lord the king, and also that he have imprisonment by a year, without being let to mainprize or bail : (8) and that the knights for the parliament, returned contrary to the said ordinance, shall lose their wages. Provided always, that he which cannot expend forty shil- lings by year, as afore is said, shall in no wise be chooser of the knights for the parliament ; (2) and that in every writ that shall hereafter go forth to the sheriffs to choose knights for the parliament, mention be made of the said ordinances. No. 13.— 10 Hen. VI. Eng. & Ir. c. 2. Certain Things required in him who shall he a chooser of the Knights of Parliament, A.D. 1432. ‘‘ Item, whereas at the parliament holden at Westminster, the morrow of St, Matthew the apostle, the 8th year of the king that now is, it was ordained by the authority of the same parliament, that the knights of all counties within the realm of England, to be chosen to come to the parliaments hereafter to be holden, should be chosen in every county by people dwell- ing and resiant in the same, whereof every one shall have free- hold to the value of 405. by year, at the least, above all charges, upon a certain pain contained in the same statute ; (2) not making express mention in the same, that every man that shall be chooser of any such knights shall have freehold to the value of 405. at the least, above all charges, within the same county, where such chooser with other like shall make such election, or elsewhere (3) ‘and therefore our lord the king, willing to make plain declaration of the said statute, by the advice and assent aforesaid, and at the special request of the said commons hath ordained. That the knights of all counties within the said realm, to be chosen to come to parliaments hereafter to be holden, shall be chosen in every county by people dwelling and resiant in the same, whereof every man shall have freehold to the value of 405. by the year, at the least, above all charges within the same county where any such chooser will meddle of any election.’ The sheriff impowered to examine the electors upon oath, touching their estates. Justices of as- sizes to inquire of the returning of knights to parliament. Penalty on the sheriff for undue returns. Knights falsely returned shall lose their wages. 8 H. 6. c. 7. ]0 23 Hen. VI. c. H. [appendix I. The order of the levying of the wag'es of the knights of the shire for the parliament. The penalty of t he sheriff or his officers which do levy more money than is assessed. No. 14 — 23 Hen. VI. Eng. & Ir. c. 11. (a) The Order of Levying the Wages of the Knights of the Parliament, A.D. 1444. “ Item, whereas before this time divers sheriffs in divers counties of England, by colour of writs to them directed, to levy the wages of the knights of the shires for the time being, of the parliament of the king that now is, and of his noble progenitors, have levied more mony then hath been due to the said knights, and more then they have delivered, keeping and retaining great part of the mony to their own use and profit, to their officers and servants, to the great loss of the common people of the said counties : (2) The king considering the premisses, hath ordained by the authority aforesaid, that the sheriff of every county for the time being, in the next county court holden in their counties, after the delivery of the said writs directed to them, shall make open proclamation, that the coroners and every chief constable of the peace of the said counties, and the bailiffs of every hundred or wapentake of the same county, and also other which will he at the as- sessing of the wages of the knights of the shires, shall he at the next county there to be holden to assess the said wages of the said toights. (3) And that the sheriff, under sheriff, coroners, or bailiffs for the time being, be there at the same time in their proper person, upon pain of forfeiture to the king of every of them that maketh default, forty shil- lings. (4) At which time the said sheriff or undersheriff in the presence of them that shall come to the same, and of the suitors of the same counties then being there in the full county well and duly shall assess every hundred to that assessable by itself, to pay a certain sum for the wages of the knights of (a) The 35 Hen. VIII. Eng, c. 11, concerning the payment of the fees Amount of the and wages of knight and burgesses for Wales, recites that — “ Where the wages. knights of all and every shire of this realm of England and Wales, and the burgesses of all cities, towns, and boroughs of the same be named, elected, and chosen for their assembly in the king’s high court of parlia- ment, as by ancient laudable laws and customs of this realm hath been used and accustomed, at and by the king’s majesty’s high command- ments, unto the which knights and burgesses their fees and .wages be assigned certainly ; that is to say, to every knight by the day 4^., and to every citizen and burgess by the day 2^. or more, as heretofore hath been accustomed, accounting for the same so many days as the said high court of parliament endureth, with addition thereunto of so many days as every such knight and burgess may reasonably journey and resort from their habitations or dwelling places to the said high court of parliament, and from the said high court to return to their habitations or dwelling places, together witli their costs of writs, and other ordinary fees and charges ; which wages, fees, and charges, at all times ought to be levied and collected by the sheriffs, and by the mayors, bailiffs, and other heaff officers of and in the cities, boroughs, and towns aforesaid.” The pro- cess was the king’s writ, de solutione feodi militis (or burgensis) parlia- menti, directed to the sheriff, mayor, bailiff, or other head officer of the f hire, city, borough, or town. PART I.] 23 Hen. VI. c. 15. 11 the shire, so that the whole sum of all the hundreds do not exceed the sum which shall be due to the said knights. ( 5 ) And after that in the same county they shall assess well and law- fully, every village within the said hundreds, which should be there assessable to a certain sum for the payment of the said wages, so that the whole sum of all the towns within any of the said hundreds do not exceed the sum assessed upon the hundred of which they be. ( 6 ) And that the said sheriffs, under sheriffs, bailiffs, nor any other officer, for the cause aforesaid, shall levy more mony of any village than that where- unto they were assessed: (7) and if any do, or will assess any hundred or village, otherwise then is aforesaid, that they shall forfeit for every default to the king twenty pound, and to any man which shall sue in this case, ten pound. II. And that the said sheriffs well and duly shall levy the Who may prose- mony so assessed upon the aforesaid villages, as speedily as I they well may after the said assessing, and the same shall de- and by what liver to the said knights, according to the writs thereof to be made upon the said penalties. (2) And he that will sue in this case, shall be thereunto admitted, and shall have for his action in this case a scire facias against him that offendeth contrary to this ordinance ; (3) and if the defendant duly warned in the same make default, or else appear and be in i the same convict, that then the plaintiffs shall recover against i them which be so convict, ten pound to their own use over I the said twenty pound, with their treble damages for the costs of their suits. HI. And the justices of the king’s bench, and of the who may en. common place, justices of assises, and gaol-delivery, and quire of, hear and justices of peace in every county, shall have power to en- ?endl?s^^fo?e‘ quire, hear, and determine of all the said defaults, as well by said, j enquiry at the king’s suit, as by action at the suit of the par- jties. (2) And that all such expenses of knights, shall not The knights be levied of any other villages, seigniories or places, but of [such whereof it hath been levied before this time. S placer IV. And that in every such writ from henceforth to be '^here they have .made to levy the wages of the said knights, this act shall be [comprehended in the same.” No. 15.— 23 Hen. VI. Eng. & Ir. c. 15, 1 I Who shall he Knights for the Parliament. The Manner of their Election. The Remedy where one is chosen and another returned. 2444 ^ “ Item, whereas by authority of parliament, holden at West- minster , the first year of the reign of King Henry ^ father to the king that now is, amongst other things it was ordained, that the citizens and burgesses of cities and boroughs, coming to the parliament, should be chosen men, citizens, and burgesses 12 23 Hen. VI. c. 15. [appendix 1. resident, abiding, and free, in the same cities and boroughs, and none other, as in the same statute more fully is contained ; (2) which citizens and burgesses, have always in cities and boroughs been chosen by citizens and burgesses, and no other, and to the sheriff of the counties returned, and upon their returns received and accepted by the parliament before j SH. 6. c. 7. this holden. (3) And also, whereas by authority of a par- \ liament holden at Westminsterf the eighth year of the reign of | the king that now is, it was ordained in what manner and form the knights of the shires coming to the parliaments, from ;| thenceforth to be holden, should be chosen, and how the she- 'i riffs of the same counties thereupon should make their returns, [ as in the same statute more fully appeareth ; (4) by force of j which statute elections of knights to come to the parliaments ' sometimes have been duly made and lawfully returned, until now of late, that divers sheriffs of the counties of the realm of | England, for their singular avail and lucre, have not made due | elections of the knights, nor in convenient time, nor good men 1 and true returned, and sometime no return of the knights, '! citizens, and burgesses lawfully chosen to come to the parlia- Defaults of ments ; (5) but such knights, citizens, and burgesses have been sheriffs in their returned, which were never duly chosen, and other citizens and returns. burgesses then chose which by the mayors and bailiffs were to the said sheriffs returned ; (6) and sometimes the sheriffs have not returned the writs which they had to make election of knights to come to the parliaments, but the said writs have imbesiled, and moreover made no precept to the mayor and bailiff, or to the bailiffs or bailiff where no mayor is, of cities and boroughs, for the election of citizens and burgesses to come to the parliament by the colour of these words contained in ; the same writs, ‘ Quod in pleno comitatu tuo eligi facias pro \ comitatu tuo duos milites, et pro qualibet civitate in comitatu tuo duos cives, et pro quolibet burgo in comitatu tuo duos bur- genses ; (7) and also because sufficient penalty and convenient remedy for the party in such case grieved is not ordained in the said statutes against the sheriff, mayors and bailiffs, which do contrary to the form of the said statutes:’ (8) the king considering the premises hath ordained by authority aforesaid, That the said statutes shall be duly kept in all points ; (9) and moreover that every sheriff, after the delivery of any such writ to him made, shall make and deliver without fraud, a sufficient Tiie sheriffs to pi'ecept under his seal to every mayor and bailiff, or to bailiffs send out precepts or bailiff where no mayor is, of the cities and boroughs within this county, reciting the said writ, commanding them by the same precept, if it be a city, to choose, by citizens of the same city, citizens, and in the same manner and form if it be a borough, by the burgesses of the same, to come to the par- liament. (10) And that the same mayor and bailiffs, or bai- liffs or bailiff where no mayor is, shall return lawfully the pre- cept to the same sheriffs, by indentures betwixt the same sheriff and them to be made of the said elections, and of the names of the said citizens and burgesses by them so chosen, to the mayors and bailiffs of cities, &c. to elect citizens, to serve in parliament. PART I.] 23 Hen. VL c. 15. and thereupon every sheriff shall make a good and rightful return, of every such writ and of every return by the mayors and bailiffs, or bailiffs or bailiff where no mayor is, to him made. (11) And that every sheriff at every time that he The penalty doth contrary to this statute, or any other statutes for the ^aking^arfundue election of knights, citizens, and burgesses to come to the return of a mem- parliament, before this time made, shall incur the pain contained in the said statute made the said 8th year, and more- over shall forfeit and pay to every person hereafter chosen knight, citizen, or burgess in his county, to come to any par- liament, and not duly returned, or to any other person, which in default of such knight, citizen, or burgess will sue, an 100/. whereof every knight, citizen, and burgess so grieved, severally, or any other person which in their default will sue, shall have his action of debt against the said Sheriff, or his executors or administrators, to demand and have the said 100/. with his costs spent in that case. (12) And that in such action taken by virtue of this statute the defendant shall not wage his law of the demand aforesaid in any wise, (13) and that no defendant in such action shall have any essoin. (14) And in the same manner at every time that any mayor and bailiffs, or bailiffs or The penalty on bailiff where no mayor is, shall return other than those which an* be chosen by the citizens and burgesses of the cities or boroughs undue return, where such elections be, or shall be made, shall incur and forfeit to the king 40/. and moreover shall forfeit and pay to every person hereafter chosen citizen or burgess to come to the parliament, and not by the same mayor and bailiffs, or bailiffs or bailiff where no mayor is returned, or to any other person which, in default of such citizen or burgess so chosen, will sue, 40/. whereof every of the citizens and burgesses so grieved severally, or any other person, which in their default will sue, shall have his action of debt against every of the said mayor and bailiffs, or bailiffs or bailiff where no mayor is, against their executors or administrators, to demand and have of every the said mayor and bailiffs, or bailiffs or bailiff where no mayor is, 40/. with his costs in this case expended; (15) and that in such action of debt, taken by force of this statute, no defendant in any wise shall wage his law of the said demand, nor have any essoin. s. 2. ‘And that every sheriff that maketh no due election of At what trar knights to come to the parliament, in convenient time, that is knfghts for^the to say, every sheriff in his full county, betwixt the hour of shire shall be 8 and the hour of 1 1 before noon, without collusion in this be- half ; (2) and that every sheriff that maketh not good and true return of such elections of knights to come to the parliament in time to come, as to them pertaineth, in manner and form aforesaid, shall forfeit to the king an 100/. and also shall incur the pain of an 100/. to be paid to him that will sue against him, his executors or administrators for this cause, by way of action of debt, with his costs in this behalf expended, without waging of law of his demand or having essoin as afore is said. h 14 Suits; to bo commenced within three months after the parliament bog'uii. 30 Car. II. St at. 2. [appendix I. 'J'he penalty if any chosen to be knight, citizen, or burgess, be put out and another put in his place. What sort of persons shall be chosen knights of the shires. s. 3. ‘Provided always, that every knight, citizen, and burgess, to come to any parliament, hereafter to be holden in due form chosen and not returned, as afore is said, shall begin his action of debt aforesaid, within three months after the same parliament commenced to proceed in the same suit effectually without fraud ; (2) and if he so do not, another that will sue shall have the said action of debt (as it is before said) and shall recover the same sum with his costs spent in this behalf, in manner and form aforesaid, so that no defendant in such action shall wage his law nor be essoined in any wise, as afore is said ; (3) and if any knight, citizen, or burgess, hereafter returned by the sheriff to come to the parliament in the manner aforesaid, after such return, be by any person put out, and another put in his place, that such person so put in the place of him which is out, if he take upon him to be knight, citizen, or burgess, at any parliament in time to come shall forfeit to the king an lOOl. and an 100/. to the knight, citizen, or burgess, so returned by the sheriff, and after as afore is said put out ; (4) and that the knight, citizen, or burgess, which is so put out, shall have an action of debt of the same 100/. against such person put in his place, his executors or administrators ; (5) provided always. That he shall begin his suit within three months after the par- liament commenced : (6) and if he do not, then he that will sue shall have an action of debt of the same 100/. against him, which is put in place of him that is so put out after such return, his executors, or administrators, and that no defendant in such action shall wage his law nor be essoined : (7) and that such process shall be in the actions aforesaid, as in a wiit of trespass done against the peace at the common law ; (8) so that the knights of the shires for the parliament, hereafter to be chosen, shall be notable knights of the same counties for which they shall be chosen ; or otherwise such notable esquires or gentle- men born of the same counties, as shall be able to be knights;; (9) and no man to be such knight which standeth in the d^ gree of a yeoman and under.* No. 16. — 30 Car. II. Eng. & Ir. St at. 2. (a) An Act for the more effectual preserving the King's Person and Government, hy disabling Papists from sitting in either House of Parliament Car. 1, c. 2. s. 1. “ FORASMUCH as divers good laws have been made for preventing the increase and danger of popery in this kingdom, which have not had the desired effects, by reason of the free (a) By the 21, 22 Geo. III. Ir. c. 48, (oommonly called Yelvei'ton's act,) s. 3, it was enacted, among-st other thiiig-s, that “ all such statutes made in Eyigland or Great Britain, as relate to the taking ; PART I.] 30 Car. IL Stat. 2. 15 I access which popish recusants have had to his majesty’s court, [ and by reason of the liberty which of late some of the recu- sants have had and taken to sit and vote in parliament s. 2. Wherefore, and for the safety of his majesty’s royal per- son and government, be it enacted by the king’s most excellent majesty, by and with the advice and consent of the lords spi- ritual and temporal, and of the commons, in this present par- liament assembled, and by the authority of the same. That, ft’om and after the first day of December, which shall be in the year of our Lord God one thousand six hundred seventy and eight, no person that now is or hereafter shall be a peer of this realm, or member of the house of peers, shall vote, or make his proxy in the house of peers, or sit there during any debate in the said house of peers ; nor any person that now is, or hereafter shall be a member of the house of commons, shall vote in the house of commons, or sit there during any debate in the said house of commons after their speaker is chosen ; until such peer or member shall, from time to time respec- tively, and in manner following, first take the several oaths of allegiance and supremacy, and make, subscribe, and audibly repeat this declaration following. s. 3. I, A. B. do solemnly and sincerely, in the presence The declaration, of God, profess, testify, and declare. That I do believe that in the sacrament of the Lord’s Supper there is not any transub- stantiation of the elements of bread and wine into the body and blood of Christ at or after the consecration thereof by any per- son whatsoever : and that the invocation or adoration of the Virgin Mary, or any other saint, and the sacrifice of the mass, as they are now used in the church of Rome, are super- stitious and idolatrous. And I do solemnly, in the presence of God, profess, testify, and declare. That I do make this declaration, and every part thereof, in the plain and ordinary sense of the words read unto me, as they are commonly un- derstood by English protestants, without any evasion, equivo- cation, or mental reservation whatsoever, and without any dispensation already granted me for this purpose by the pope, or any other authority or person whatsoever, or without any hope of any such dispensation from any person or authority whatsoever, or without thinking that I am or can be acquitted before God or man, or absolved of this declaration, or any part thereof, although the pope, or any other person or per- sons, or power whatsoever, should dispense with or annul the same, or declare that it was null or void from the beginning.” s. 4. Which said oaths and declaration shall be in this and The time and every succeeding parliament solemnly and publickly made and subscribed betwixt the hours of nine in the morning and four nialdng and^sul)- in the afternoon, by every such peer and member of the house scribing the declaration. any oath or oaths, or making or suthscribing any declaration or affirmation in this kingdom, or any penalty or disahinty for omitting the same, shall be accepted, used, and executed in this kingdom, according to the present tenor of the same respectively.” le 30 Car. II. Stat. 2. [appendix I. Members of parliament not swearing and declaring as aforesaid, and recusants con. vict, forbidden the king’s or queen’s pre- sence. The penalty upon members of parliament offending con- trary to this act of peers, at the table in the middle of the said house, before he take his place in the said house of peers, and whilst a full house of peers is there with their speaker in his place ; and by every such member of the house of commons, at the table in the middle of the said house, and whilst a full house of com- mons is there duly sitting with their speaker in his chair ; and that the same be done in either house in such like order or method as each house is called over by respectively. s. 5. And be it further enacted. That from and after the said first day of December, every peer of this realm, and member of the house of peers, and every peer of the kingdom of Scot- land, or of the kingdom of Ireland, being of the age of one and twenty years or upwards, not having taken the said oaths, and made and subscribed the said declaration ; and every mem- ber of the said house of commons, not having as aforesaid taken the said oaths, and made and subscribed the said decla- ration ; and every person now, or hereafter convicted of popish recusancy, who hereafter shall at any time after the said first day of December, come advisedly into or remain in the pre- sence of the king’s majesty or queen’s majesty, or shall come into the court or house where they or any of them reside, as well during the reign of his present majesty, (w’hose life God long preserve) as during the reigns of any his royal successors kings or queens of England; shall incur and suffer all the pains, penalties, forfeitures, and disabilities in this act men- tioned or contained ; unless such peer, member, or person so convicted, do respectively, in the next term after such coming or remaining, take the said oaths, and make and subscribe the said declaration in his majesty’s high court of chancery between the hours of nine and tw’elve in the forenoon. s. 6. And be it further enacted by the authority aforesaid. That if any person that now is or hereafter shall be a peer of this realm, or member of the house of peers, or member of the house of commons, shall presume to do any thing contrary to this act, or shall offend in any of the cases aforesaid ; that then every such peer and member so offending shall from thence- forth be deemed and adjudged a popish recusant convict to all intents and purposes whatsoever, and shall forfeit and suffer as a popish recusant convict ; and shall be disabled to hold or ex- ecute any office or place of profit or trust civil or military, in any of his majesty’s realms of England or Ireland, dominion of Wales, or town of Berwick-upon-Tweed, or in any of his majesty’s islands or foreign plantations to the said realms belonging; and shall be disabled from thenceforth to sit or vote in either house of parliament, or make a proxy in the liouse of peers, or to sue or use any action, bill, plaint, or in- formation, in course of law, or to prosecute any suit in any court of equity, or to be guardian of any child, or executor or administrator of any person, or capable of any legacy or deed of gift ; and shall forfeit, for every wilful offence against this act, the sum of five hundred pounds, to be recovered and re- ceived by him or them that shall sue for the same, and to be PART I.] 30 Car. II. Stat. 2. 17 proseciited by any action of debt, suit, bill, plaint, or informa- tion, in any of his majesty’s courts at Westminster, wherein no essoin, protection, or wager of law, shall lie. s. 7. And be it further enacted by the authority aforesaid. Either house of That, from the said first day of December, it shall and may be lawful to and for the house of peers and house of commons, their members or either of them respectively, as often as they or either of them to swear and shall see occasion, either in this present parliament, or any aforesaid, other hereafter to be holden, to order and cause all or any of the members of their respective houses of parliament, openly in their respective houses of parliament, to take the said oaths, and to make and subscribe the said declaration, at such times, and in such manner, as they shall appoint. And if any peer shall, contrary to such order made by their said house, wilfully presume to sit therein, without taking the said oaths, and subscribing the said declaration, according to the said order, every such peer or member of the house of peers, so presuming to sit, shall be adjudged, and is hereby declared to be uncapa- ble and disabled in law to all intents and purposes whatsoever, to sit in the said house of peers, and give any voice therein, either by proxy or otherwise howsoever, during that parlia- ment : and if any member or members of the house of com- mons shall, contrary to such order made by their house, wil- fully presume to sit therein, without taking the said oaths, and making and subscribing the said declaration, every such mem- ber or members of the house of commons, so presuming to sit, shall be adjudged, and is hereby declared to be uncapable and disabled in law to all intents and purposes whatsoever to sit in the said house of commons, or give any voice therein during that parliament. s. 8. And be it enacted. That in every case where any The places of member or members of the house of commons shall, by virtue of this act, be disabled to sit or vote in the house of commons, mons, disabled to then and in every such case, without any further conviction or vote, shall be^ other proceedings against such member or members, the place ^sue’outfor nHw or places for which they or any of them were elected, is hereby elections, declared void ; and a new writ or writs shall issue out of the high court of chancery by warrant or warrants from the speaker of the house of commons for the time being, and by order of the said house, for the election of a new member or members to serve in the house of commons, in the place or places of such member or members so disabled, to all intents and pur- poses, as if such member or members were naturally dead. s. 13. Provided nevertheless. That if any offender contrary olfenders to this act shall, at any time after such offence, take the said that shall take oaths, and make and subscribe the said declaration, in his discharged^&c majesty’s high court of chancery, and in the manner aforesaid, every such person shall be from thenceforth freed and dis- charged of and from all seizures, penalties, and losses which he might otherwise sustain or bear for or by reason of being a popish recusant convict, by virtue of this act ; and shall be freed and discharged from all disabilities and incapacities in- b 3 18 3 Will. & M. c. 2. [appendix 1. ruiTed thereby ; so as such freedom and discharge extend not to restore any such person to any office or place filled and sup- plied upon voidance by this act ; nor to any other office till after the expiration of one year from the taking the said oath, and making the declaration aforesaid ; nor to make void, or at any time discharge the said forfeiture of five hundred pounds, incurred as aforesaid. No. 17.— 3 Will. & M. Eng. & Ir. c. 2. An Act for the abrogating the Oath of Supremacy in Ireland, and appointing other Oaths, i’he oath made in Ireland^ 2 Eliz. c. 1 . iKbrog-ated, What persons are bound to take the new t'aths. s. 1. ‘‘ Whereas by a statute made m Ireland in the second year of the reign of our late sovereign lady queen inti- tuled, ^^An Act restoring to the crown the ancient jurisdiction over the estate ecclesiastical and spiritual, and abolishing all fo- reign power repugnant to the samej' the persons therein mentioned are thereby obliged to take the oath in the said act expressed : s. 2. Be it enacted by the king’s and queen’s most excellent majesties, by and with the advice and consent of the lords spiritual and temporal, and the commons in this present par- liament assembled, and by the authority of the same, that from henceforth no person whatsoever residing in Ireland shall be obliged to take the said oath by force or virtue of the said recited statute, or any other statute whatsoever ; but that the said statute, and every other statute, for so much only as con- cerns the said oath, shall be and are hereby repealed, utterly abrogated and made void. s, 3, And be it further enacted, that the oaths appointed, intended, or required by this act to be taken, from and after the first day of January next, in the year of our Lord one thousand six hundred ninety-one, be taken by the persons herein and hereafter mentioned, and by every such other per- son and persons, as were appointed and required by the said recited act, or any other statute whatsoever made in Ireland, to take the said abrogated oath, before such person or persons, and in such court as hereafter in this act is expressed (that is to say) all and every archbishop and bishop of the realm of Ireland that now is, and all and every person of or above the degree of a baron of parliament there, and all and every other person and persons inhabitants of, or residing within the said realm of Ireland, now having any promotion, office or em- ployment ecclesiastical, civil or military, or receiving any pay, salary, fee or wages, by reason of any patent or gi*ant of their majesties, or any of their predecessors, or being master, go- vernor, head, or fellow of the College or University of Dub- lin, or master of any hospital, or school, or hamster at law*, clerk in chancery, attorney, or professor of law, physick, or other science, that shall inhabit, be, or reside within the city of Dublin, or within thirty miles of the same, on the first day of Hilary term next, or at any time during the said term, in their majesties high court of chancery in that kingdom, or in the court of king’s bench there, in public and open court, between the hours of nine of the clock and twelve in the fore- noon ; and all the said persons which inhabit at greater dis- tance from the said city, at the general quarter-sessions to be holden for that county, barony, or place in Ireland aforesaid, where he or they shall be or reside, in open court between the said hours of nine and twelve in the forenoon, at any time before the five and twentieth day of July next ; and shall likewise make and subscribe, and audibly repeat, the declara- tion herein and hereafter mentioned and expressed ; all which shall be put on record in the said respective courts ; and every person taking the same shall pay to the clerk for recording thereof, one shilling and no more. And if any archbishop or bishop, or any other person having any ecclesiastical dignity or promotion, or being a lecturer or curate, shall neglect or refuse to take the said oaths, and make and subscribe the said declaration, as aforesaid, then he or they shall be ipso facto deprived, and is and are hereby adjudged to be deprived of his and their offices, dignities, and promotions ecclesiastical, and incapable to be lecturer or curate in any place or cure what- soever ; and all and every other person having any office, or receiving any pay, salary, fee, or wages, by reason as afore- said, or being master, governor, head, or fellow of the said University or College, or master of any hospital, or school, barrister at law, clerk in chancery, attorney, or professor of law, physick, or other science, as aforesaid, that shall neglect or refuse to take the said oaths, and make and subscribe the said declaration, within the time, and in the manner aforesaid respectively, shall be ipso facto thenceforth adjudged uncapa- ble and disabled in law, to all intents and purposes whatsoever, to have, occupy, or enjoy such office, pay, salary, fee, wages, mastership, governor’s place, headship, fellowship, employ- ment or employments, or any part of them, or any matter or thing aforesaid, or any profit or advantage appertaining to them, or any of them ; and every such office and place shall be void, and is hereby adjudged to be void. s. 5. “ And forasmuch as great disquiet and many dangerous attempts have been made, to deprive their majesties and their royal predecessors of the said realm of Ireland, by the liber- ty which the popish recusants there have had and taken to sit and vote in parliament be it enacted by the authority afore- said, that from and after the last day of January next, no person that now is, or shall be hereafter a peer of that realm, or member of the house of peers there, shall vote or make liis proxy in the said house of peers, or sit there during any debate in the said house ; nor any person that after the said last day of January shall be a member of the house of com- mons, shall be capable to vote in the said house, or sit there Persons within 30 miles of Dublin, to take them in the king’s bench. Persons above 30 miles off, in the sessions. They must re- peat the declaration. Clerk’s fee. Penalty upon clergymen, not taking the oaths, &c. Penalty upon other persons offending. No member of either house of parliament shall sit before he has taken the new oatli and declaration. ‘20 8 Will. & M. c. 2. [appendix- I, The declaration. How the oaths are to be taken by the members. Clerk of each house must re- cord the oaths. Punishment upon members of parliament &c, for neglecting. during any debate in the same, after their speaker is chosen, until he first take the oaths herein and hereafter mentioned and expressed, and make, subscribe, and audibly repeat this declaration following : “ I, A. B,, do solemnly and sincerely in the presence of God profess, testify, and declare, that I do believe, that in the sacrament of the Lord’s Supper there is not any transub- stantiation of the elements of bread and wine into the body and blood of Christ, at or after the consecration thereof by any person whatsoever ; and that the invocation or adoration of the Virgin Mary^ or any other saint, and the sacrifice of the mass, as they are now used in the Church of Rome, are su- perstitious and idolatrous. And I do solemnly in the presence of God profess, testify, and declare, that I do make this de- claration, and every part thereof, in the plain and ordinary sense of the words read unto me, as they are commonly un- derstood by Protestants, without any evasion, equivocation, or mental reservation whatsoever, and without any dispensa- tion already granted me for this purpose by the Pope, or any other authority or person whatsoever, or without any hope of any such dispensation from any person or authority what- ' soever, or without believing that I am or can be acquitted, before God or man, or absolved of this declaration, or any part thereof, although the Pope, or any other person or per- sons, or power whatsoever, should dispense with or annul the same, or declare that it was null and void from the be- ginning.” s. 6. Which said oaths and declaration shall be in the next, and every succeeding parliament to be held in Ireland, solemn- ly and publickly made and subscribed, betwixt the hours of nine in the morning and four in the afternoon, by every such peer, and member of the house of peers there, at the table in the middle of the said house, before he take his place in the said house of peers, and whilst a full house of peers is there present, and their speaker in his place ; and by every such member of the house of commons, at the table in the middle of the said house, and whilst a full house of commons is there duly sitting with their speaker in his chair ; and that the same be done in either house in such like order or method as whereby each house is called over respectively ; and during the making and subscribing thereof, and taking the said oaths, all business and debates in either house respectively shall cease ; and the clerk of such house respectively, is hereby required to record the same in rolls prepared for that purpose, and every member of either house shall pay to such respective clerk for recording thereof, one shilling, and no more. s. 7. And be it further enacted by the authority aforesaid, that if any person that now is, or hereafter shall be, a peer Ireland, or member of the house of peers, or member of the house of commons there, or shall become a barrister at law, attorney, clerk, or officer in chancery, or any other court, and all and every deputy and deputies in any office PART I.] 3 Will. & M. c. 2. 21 whatsoever, shall presume to offend, contrary to this act ; that then every such peer and member, and such other per- son and persons so offending, shall be thenceforth disabled to hold or execute any office or place of profit, or trust, ecclesias- tical, civil, or military, in any of their majesties realms of Ireland or England, or dominion of Wales, or town of Ber^ wick^upon- Tweed, or in any of their majesties islands or fo- reign plantations, to the said realms belonging ; and shall be disabled from thenceforth to sit or vote in either house of par- liament of the said realm of Ireland, or make a proxy in the house of peers there, or to sue or use any action, bill, plaint, or information in course of law, or to prosecute any suit in any court of equity, or to be guardian of any child, or execu- tor or administrator of any person, or capable of any legacy or deed of gift, and shall forfeit, for every wilful offence against this act, the sum of five hundred pounds, to be reco- vered and received by him, her, or them that will sue for the same, by any action of debt, bill, plaint, or information, in any of their majesties’ courts of record at Dublin, wherein no essoin, protection, or wager of law shall lie or be allowed, nor any more than one imparlance. s. 8. And be it further enacted, that the oaths that are intended and required to be taken by this act, are the oaths in these express words hereafter following : “I, A. B, do sincerely promise and swear, that I will be The new oaths, faithful and bear true allegiance, to their majesties king Wil- liam and queen ATary.” So help me God,” &c. “ I, A, B. do swear, that I do from my heart abhor, detest, and abjure, as impious and heretical, that damnable doctrine and position, that princes excommunicated or deprived by the Pope, or any authority of the see of Borne, may be deposed or murdered by their subjects, or any other whatsoever. And I do declare that no foreign prince, person, prelate, state, or potentate hath, or ought to have, any jurisdiction, power, superiority, pre-eminence, or authority, ecclesiastical or spi- ritual, within this realm.” So help me God,” &c. . s. 15. Provided nevertheless, That whereas there are cer- Declaration tain Dissenters in Ireland, commonly called Quakers, who scruple the taking any oath, it shall be sufficient for every place of the such Dissenter, he or she producing a certificate under the oa^^ '^s”{hem hands and seals of six or more sufficient men of the congre- the penai- gation, to which he or she belongs, owning him or her for ties, one of them, to make and subscribe the following declaration : “ I A. do sincerely promise and solemnly declare before God and the world. That I will be true and faithful to King William and Queen Mary ; and I do solemnly profess and declare, that I do from my heart abhor, detest, and renounce, as impious and heretical, that damnable doctrine and position. That princes excommunicated or deprived by the pope, or any authority of the see of Rome, may be deposed or murdered by •22 13 Will. III. c. 6. [appendix I. Taking decla- ration does not make them ca- pable of office. This act not to be dispensed with. No peer or member of the house of com- mons shall vote or sit in either house, unless he take the oath, ike. their subjects, or any other whatsoever. And I do declare, That no foreign prince, person, prelate, state, or potentate, hath or ought to have, any power, jurisdiction, superiority, pre-eminence, or authority, ecclesiastical or spiritual within this realm.” And every such Dissenter so subscribing shall be and is hereby exempted from the penalties mentioned in this act. s. 16. Provided nevertheless. That no such person called Quaker, shall by such declaration and subscription be capable to take, have or hold, any office, employment, place, pay, salary, fee, grant, wages, or any other place of profit or trust, whereunto any person taking the said oaths, and mak- ing and subscribing the declaration in the courts aforesaid, shall or may be entitled; any thing herein contained to the contrary notwithstanding. s. 17. Provided always, and be it enacted. That this act shall not be dispensed with by any warrant or letters patents under the great seal of England or Ireland ; but that all such warrants and clauses of dispensation thereof in any such warrants or letters patents, are hereby declared to be null and void, and of no effect ; any law, statute, or usage to the contrary notwithstanding. No. 18 13 Will. III. Eng. & Ir. c. 6. An Act for the further Security of his Majesty's Person, and the Succession of the Crown in the Protestant Line, and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors. [s. 1, prescribes an oath of abjuration, the form of which was afterwards altered]. s. 10. And be it further enacted by the authority aforesaid, That from and after the five and twentieth day of March, in the year of our lord one thousand seven hundred and two, no person that now is, or hereafter shall be a peer of this realm, or member of the house of peers, shall vote or make his proxy in the house of peers, or sit there during any debate in the said house of peers ; nor any person that now is, or hereafter shall be a member of the house of commons, shall vote in the house of commons, or sit there during any debate in the said house of commons, after their speaker is chosen, until such peer or member shall from time to time respectively take the oath aforesaid, and subscribe the same in manner following, (that is to say,) the said oath shall be in this and every suc- ceeding parliament solemnly and publickly made and subscribed, between the hours of nine in the morning and four in the afternoon, by every such peer and member of the house of peers, at the table in the middle of the said house, before he PART I.] ] Ann. c. 17. take his place in the said house of peers, and whilst a full house of peers is there, with their speaker in his place ; and by every such member of the house of commons, at the table in the middle of the said house, and whilst a full house of com- mons is there duly sitting, wdth their speaker in his chair. s. 11. And be it further enacted. That if any person that now is, or hereafter shall be a peer of this realm, or member of the house of peers, or member of the house of commons, in this or any succeeding parliament, shall after the said five and twentieth day of March presume to vote, or make his proxy, not having taken the said oath, and subscribed the same as aforesaid, every such peer or member so offending shall from thenceforth be deemed and adjudged a Popish re- cusant convict, to all intents and purposes whatsoever, and shall forfeit and suffer as a Popish recusant convict, and shall be disabled to hold or execute any office or place of profit or trust, civil or military, in any of his Majesty’s realms of England or Irelandf dominion of Wales^ or Town of Ber- wick-upon- Tweed, or in any of his Majesty’s Islands or foreign plantations to the said realms belonging, and shall be disabled from thenceforth to sit or vote in either house of parliament, or make a proxy, in the house of peers, or to sue or use any action, bill, plaint, or information, in course of law, or to prosecute any suit in any court of equity, or to be guardian of any child, or executor or administrator of any person, or capable of any legacy or deed of gift, and shall forfeit for every wilful offence against this act the sum of five hundred pounds, to be recovered and received by him or them that shall sue for the same, and to be prosecuted by any action of debt, suit, bill, plaint, or information, in any of his Majesty’s courts at Westminster ^ wherein no essoin, pro- tection, or wager of law shall lie. No. 19 1 Ann. Eng. & Ir. Stat. 2. c. 17. An Act for enlarging the Time for taking the Oath of Abjura- tion ; and also for recapacitating and indemnifying such Persons as have not taken the same hy the Time limited, and shall take the same hy a Time to he appointed ; and for the further Security of her Majesty's Person, and the suc- cession of the Crown in the Protestant line ; and for extin- guishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors, s, 1, « Whereas by an act made in the thirteenth year of the 13 w. 3, c. 6. reign of his late Majesty King William the Third, intituled. An act for the further security of his Majesty's person, and the succession of the crown in the Protestant line ; and for ex- tinguishing the hopes of the pretended Prince of Wales, and all other pretenders, and their open and secret abettors ; and by 24 1 Geo. I. c. 13. [appendix I. 1 Ami. stat 1. one other act made in the first year of the reign of her pre- sent Majesty, declaring the alterations of the oath in the said recited act contained, several of her said Majesty’s sub- jects are obliged to take and subscribe the oath therein men- tioned, by certain times limited and appointed in the said recited act, who have, through ignorance or mistake, or by the not duly holding the courts where the same ought to have been taken, or for some other such like reasons, omitted or neglected to take and subscribe the said oath, and are thereby subject and liable to the disabilities incapacities, and penalties in the said acts contained;” Be it therefore enacted, &c. No peer of Ire- s. 10. And be it further enacted by the authority aforesaid, hmfse^orpeers^^ That from and after the five and twentieth day of March one thousand seven hundred and three, no person that now * is, or shall be hereafter, a peer of the realm of Ireland^ or ; member of the house of peers there, shall vote or make his j proxy in the said house of peers, or sit there during any ' nor member of debate in the said house ; nor any person after the said five comm^onscapa- twentieth day of March^ who shall be elected a member 1 ble to vote, until of the house of commons in that kingdom, shall be capable * house, or sit there during any debate in M.C.2. the same, after their speaker is chosen; until such peer or member shall from time to time respectively take the said oath, and subscribe the same, at the same time, and in such manner as is directed for their making, subscribing, and re- ; peating the declaration mentioned and expressed in the said act, intituled. An act for abrogating the oath of Supremacy ‘ in Ireland, and appointing other oaths. s. 11. And be it further enacted. That if any person that ' now is, or hereafter shall be, a peer of the said realm of Ire- land, or member of the house of commons there, shall, after the said five and twentieth day of March, presume to vote or make his proxy, not having taken the said oath, and sub- Penalty. scribed the same as aforesaid, every such peer and member shall from thenceforth incur, be subject, and liable unto the forfeitures, penalties, and disabilities in the said first men- tioned act expressed, touching peers in parliament, and mem- bers in the house of commons in England. No. 20 1 Geo. I. G. B. & Ir. Stat. 2. c. 13. An Act for the further Security of his Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants ; and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret abettors. rv!u»irT tioned, for the better regulating of all such cities, walled ' towns, and corporations in this kingdom, and the electing of ' magistrates and officers there, for which no other particular ' rules, orders or directions have been, or shall be made by us before the twenty ninth day of this instant September. Secondly, {a) That all foreigners, strangers, and aliens, as well others as Protestants, who are or shall be merchants, traders, artizans, artificers, seamen, or otherwise skilled and exercised in any mystery, craft, or trade, or in the working ; or making any manufacture, or in the art of navigation, who I are at present residing and inhabiting within this kingdom, or who shall at any time hereafter come into any city, walled town, or corporation within this kingdom, with intent and resolution there to inhabit, reside, and dwell, shall upon his | or their reasonable suit or request made, and upon payment > down or tender of twenty shillings by way of fine, unto the chief magistrate or magistrates and common-council, or other persons authorized to admit and make freemen of such city, town, or corporation, where he or they do intend to inhabit, i {a) The first rule relates to the oaths of officers elected to corporate ♦offices. i PART II.] New Rules — 25 Car. II. reside, or dwell, be admitted a freeman of any such city, walled town or corporation, within this kingdom, and, if he or they shall desire it, of all or any guild, brotherhood, society, or fellowship of any trade, craft or other mystery within all or any of the same, during his or their residence for the most part, and his and their families constant inhabit- ing within this kingdom, and no longer ; and shall have, exercise and enjoy all privileges and immunities of trading, buying, working, and selling, in as large and ample manner as any freeman of any such city, walled town, or corporation might have, exercise, or enjoy by virtue of his or their free- dom: and that every such person or persons, who shall be admitted to be free as aforesaid, shall from thenceforth be deemed, esteemed, and taken, and be denizen and denizens deemed denizens, within this kingdom ; any law, statute, charter, usage or custom of this kingdom, or of any city, walled town, or corporation of the same to the contrary in any wise notwith- standing. Provided always, That all such strangers, artificers and Taking the oaths, others, to be admitted freemen as aforesaid, shall take the oath of allegiance to our sovereign lord the king, his heirs and successors, and also such other oaths as are accustomably taken by all or any freemen, or members of any such respec- tive cities, walled towns, or corporations ; or by all or any the members of any such guild, or brotherhood, society, or fellowship of the trade, craft, or other mystery, which he or they shall occupy, or exercise, in case he or they shall desire to be incorporated into any such guild, brotherhood, society, or fellowship aforesaid ; and shall pay all such and like and paying charges as all freemen his majesty’s subjects of the like trade, craft or mystery, shall or do use to pay, and no other, or more ; and that if any chief magistrate or magistrates, or other persons authorized as aforesaid, of any city, town or corporations, or any master, warden, or other governour of any brotherhood, society, or fellowship, or any trade, craft, or mystery within any such city, town or corporation, shall refuse to admit any such stranger, being a merchant, trader, artificer, artizan, w'orkman, or seaman, residing or coming into this kingdom with intent as aforesaid, to be a freeman of the city, town or corporation, where he or they intend to inhabit, reside, or dwell, or to be a brother or member of any brotherhood, society, or fellowship within the same ; every such chief magistrate or magistrates, master, wardens, or other governours respectively, shall (upon complaint and due proof made of such refusal before the lord lieutenant or other chief governour or governours, and council of this persons retusing kingdom) be by their order disfranchised, and from thence- admittance forth incapable (without their licence) of being made a free- ® man or member of any such city, town or corporation : and every such stranger being a merchant, trader, artificer, arti- zan, workman or seaman, upon tender by him made of twenty shillings by way of fine as aforesaid, and taking the 54 New Rules — 25 Car. II. [appendix i. and the strang-ers deemed free, &c. Persons inter, rnpting' them disfranchised. These rules per- petual. and inrolled in chancery. oath of allegiance before any justice of the peace of the county next adjoining to such city, town, or corporation, or wherein such city, town, or corporation is situated (who is hereby authorized and appointed to administer the said oath) shall thereupon by virtue hereof be deemed, reputed and taken, to all intents and purposes, to be a freeman or mem- ber of the said city, town, corporation, brotherhood, society, or fellowship of any trade, craft, or mystery, where he or they shall reside, or dwell, and be denied admission as afore- said ; and from thenceforth harm, exercise, and enjoy the liberty and priviledge of trading, working, buying or selling of any commodities whatsoever, in as large and ample man- ner, as if he had been admitted a freeman of such city, town or cJirporation, a brother or member of such brotherhood, society or fellowship of any trade, craft, or mystery within the same, taking the usual oaths of such freemen, brothers or members, (which oaths any justice of peace near adjoining, shall have power to administer) and paying all such charges | as aforesaid ; any law, custom, charter, or usage to the con- '1 trary in any wise notwithstanding. And in case any person j or persons shall give any interruption or disturbance to any such stranger, being a merchant, trader, artificer, artizan, workman, or seaman as aforesaid, to the hindering him in his trading, working, buying or selling as aforesaid, contrary to the intent and meaning hereof ; all and every such person and persons so offending shall, upon like complaint and proof made of his or their offence therein, before the lord lieutenant, or other chief governour or governours and council of this king- dom for the time being, be by their order disfranchised, and from thenceforth incapable, without their licence, of being made a freeman or member of any such city, town, or corpo- ration. And these our rules, orders and directions, we do hereby order and establish for ever hereafter to continue in force in all the cities, walled towns and corporations within this king- dom, for which no other particular rules, orders or directions have been, or shall be made by us before the twenty-ninth day of this instant September, And that the same be forthwith inrolled in the rolls of his majesty’s high court of chancery in this kingdom. Given at the council-chamber in Dublin, the sixteenth day of September, 1672. Ja. Armachanus, Mich. Dublin, Cane. Drogheda, Arran, Conway and Kilulta, Massereene, Hen. Midensis, Fran. Aungier, Art. Forbese, Jo. Bysse, Rob. Byron, Will. Steward, Theo. Jones, Edward Massie, Mau. Eustace, A. Chichester, Char. Meredyth, Hen. Ford. God save the King.” PART II.] 2 Ann. c. 14. 5o No. 30.— 4 Will. & M. Ir. c. 2. An Act for encouragement of Protestant Strangers to settle in this Kingdom of Ireland. A.D. 1692. [This act continued, with some amendments, the 14, 15 Car. II. c. 13, for seven years.] No. 31.— 9 Will. III. Ir. c. 3. An Act to prevent Protestants intermarrying with Papists. A.D. 1697. [s. 2. Any Protestant person shall, marrying any maiden Repeated 32 G. S, or woman without having obtained a certificate of the minister, &c. of her being a known Protestant, disabled to sit in either house of parliament.] No. 32 2 Ann. Ir, c. 6. An Act to prevent the further growth of Popery. A.D. 1703. [s. 24. No freeholder, burgess, freeman or inhabitant of this kingdom being a papist, capable of voting without first taking the oaths of allegiance, and abjuration, and producing cer-. tificate. See the 33 Geo. III. §•7 intents and purposes, as if such person or persons was or were inhabitants of, or resident within such town-corporate or borough at the time of his or their election.” No. 44.--3 Geo. III. Ir. c. 13. An Act for the more effectual jjreventing Bribery and Cor- ruption in the Elections of Members to serve in Parliament^ and the Magistrates of Cities^ Boroughs, and Towns Corporate. A.D. 1763. Repealed by the 35 Geo. III. Ir. c. 29. No. 45. — 7 Geo. III. Ir. c. 3.(a) An Act for limiting the duration of Parliaments. A.D. 1767. s. 2. ‘‘ That whereas a limitation of the duration of parlia- ments may tend to strengthen the harmony and good agreement subsisting between his majesty and his people of Ireland, and may be productive of other good effects to his majesty’s sub- (a) The duration of parliament was limited, by the 6 W. and M En^ c. 2, to three years ; and by the 1 Geo. I. G. B. Stat. 2, c. 38, extended to seven years. The act of union 40 Geo. 3. Ir. c- 38, 39, 40 Geo. 3. G. B. c. 67 has declared that the united kingdom shall be represented in one and tlu’ same parliament, to be styled the parliament of the united kingdom of Great Britain and Ireland ; but these acts do not contain any provision as to the duration of the imperial parliament, except as to the duration of the first parliament, which by the fourth article was to continue to sit, if not sooner dissolved, as long as the then present parliament of Great Britain was to continue, &c. It seems to be an omission in the act of union, not to have provided that the laws vidiich respected the meeting and duration of parliament in one kingdom, the penalties for not taking the oaths, the mode of passing laws, and giving the royal assent thereto, &c. should be extended to the united kingdom and to all the members thereof, as the laAvs which respected the parliaments in each country were in these respects different. This omission does not seem to be supplied by the eighth article of the union, which provides that all laws in force at the time of the union within the respective king- doms, shall remain as then established, subject to such alterations as circumstances may appear to the parliament of the united kingdom to require. See 1 Gahh. Dig. 147, 148. The English and British acts are as follows : — 6 Will. & M. Eng. c. 2. An Act for the frequent Meeting and Calling of Parliaments. A.D. 1694. Whereas by the ancient laws and statutes of this kingdom frequent parliaments ought to be held ^ and whereas frequent and new parlia- iliaraents tend very much to the happy union and good agreement of the I King and people We your majesties most loyal and obedient subjects, 'the lords spiritual and temporal and commons in this present parliament lassembled, do most humbly beseech your most excellent majesties that it may be declared and enacted in this present parliament: and it is here- I by declared and enacted, &c. That from henceforth a parliament shall be iholden once in three years at the least. I 2. And be it further enacted by the authority aforesaid. That within I i three years at the farthest, from and after the dissolution of this present i. Parliament be held once in three years. 68 7 Geo. III. c. 3. [appendix I. jects, there ; we, your majesty’s most dutiful and loyal sub- jects, the commons of Ireland in parliament assembled, do most humbly beseech your majesty, that it may be declared No parliament to and enacted in this present parliament, and be it declared and above enacted by the king’s most excellent majesty by and with the advice and consent of the lords spiritual and temporal and from the day ap- commons in this present parliament assembled, and by the b^^wrUs ^of authority of the same, that from henceforth no parliament, ^ ^ which shall at any time hereafter be called, assembled, or held, shall have any longer continuance than for eight years, to be accounted from the day on which by the writs of sum- mons the said parliament shall be appointed to meet. This determined s. 2. And be it further enacted by the authority aforesaid, rniiSriiss^lved present parlirtment shall cease and determine on the sooner. twenty fourth day of June, which shall be in the year of our lord one thousand seven hundred and sixty eight, unless his majesty shall think fit sooner to dissolve the same.” Writs to be issued out once in three years. No parliaments to last longer than three years. Present parliament to cease 1st Nov. 1696. parliament, and so from time to time for ever hereafter, within three ^ years at the farthest, from and after the determination of every other ^ parliament, legal writs under the great seal shall be issued by directions { of your majesties, your heirs and successors, for calling, assembling, and holding another new parliament. 3. And be it further enacted by the authority aforesaid. That from t henceforth no parliament whatsoever, that shall at any time hereafter i be called, assembled, or held, shall have any continuance longer than ^ for three years only at the farthest, to be accounted from the day on ^ which, by the writs of summons, the said parliament shall be appointed , to meet. 4. And be it further enacted by the authority aforesaid. That this pre- ! sent parliament shall cease and determine on the first day of November^ \ which shall be in the year of our Lord 1696, unless their majesties shall ■ think fit to dissolve it sooner. • 1 Geo. I. G. B. Stat. 2. c. 38. ( An Act for enlarging the Time of Continuance of ParHaments, appointed i htf an Act made in the sixth Year of the Reign of King William and t Queen Mary, intituled. An Act for the f requent meeting and calling of Parliaments. A.D. 1715. , Whereas in and by an act of parliament made in the sixth year of the reign of their late majesties King William oxiA Queen Mary (of ever , blessed memory), intituled. An Act for the frequent meeting and calling i of parliaments, it was amongst other things enacted. That from thence- forth no parliament whatsoever, that should at any time then after be called, assembled or held, should have any continuance longer than for three years only at the farthest, to be accounted from the day on which by the writ of summons the said parliament should be appointed to meet ; and whereas it hath been found by experience, that the said clause hath proved very grievous and burthensome, by occasioning much ' greater and more continued expences, in order to elections of members ^ to serve in parliament, and more violent and lasting heats and aniraosi- w ties among the subjects of this realm, than were ever known before the “ said clause was enacted, and the said provision, if it should continue, may probably, at this juncture, when a restless and popish faction are designing and endeavouring to renew the rebellion within this kingdom, and an invasion from abroad, be destructive to the peace and security of P I'a ent shall the government ; Be it enacted, &c. That this present parliament, and have continuance parliaments that shall at any time hereafter be called, assembled or for seven years, un- held, shall and may respectively have continuance for seven years, and less sooner dissolved no longer, to be accounted from the day on which by the writ of sum- l>y the king. mens this present parliament hath been, or any future parliament shall be appointed to meet, unless this present, or any such parliament here- after to be summoned, shall be sooner dissolved by his majesty, his heirs or successors. PART II.] ]1 Geo. III. c. 10, ii9 No. 46.— 11 Geo; III. Ir. c. lO.(a) An Act to enable the Speaker of the House of Commons to issue his Warrants to make out New Writs for the choice of Members to serve in Parliament, in the room of such Mem- bers as shall die durinq the recess of ParliamenL A.D. 1771. s. 1. “ Whereas many inconveniencies have happened, and many disorders have been occasioned, for want of more speedy elections of members of the house of commons in the room of such, who have died during the recess of parlia- (a) See this amended by the 15, 16 Geo. 3. Ir. c. 11, post. And see the provisions of the Irish representation act, 40 Geo. 3. Ir. c. 29, incorpo- rated in the act of union, 40 Geo. 3. Ir. c. 38, which authorises and re- quires the chancellor of Ireland to cause writs to be issued either in case of general elections, or to supply any vacancy, arising by death or other- wise. See also 1 Gahh Dig. 67, 69. See the 10 Geo. 3. G. B. c. 41, and 15 Geo. 3. G. B. c. 36, which contained similar provisions. These were re- pealed by the 24 Geo. 3. G. B. sess. 2, c. 26, which consolidated and amended the previous enactments. 24 Geo. III. G. B. Sess. 2. c. 26. Ati Act to repeal so much of two Actsy made in the lOth and Ibth Years o f the Reign of His present Majesty, as authorizes the Speaker of the House of Commons to issue his Warrant to the Clerk of the Crown for making out Writs for the Election of Members to serve in Barliament, in the manner therein mentioned s and for substituting other Ff'ovisions for the like Purposes. A.D. 1784. Whereas by an act made in the 10th year of the reign of his present majesty, intituled, “ An Act to enable the speaker of the house of com- mons to issue his warrants to make out new writs for the choice of mem- bers to serve in parliament, in the room of such members as shall die during the recess of parliament and also by another act passed in the loth year of the reign of his present majesty, for explaining and amend- ing the said act, and for enabling the speaker of the house of commons to make out new writs for the choice of members to serve in parliament, in the room of such members as shall, during the recess of parliament, become peers of Great Britain, and be summoned to parliament, and for other the purposes therein mentioned ; several provisions were made for enabling the speaker of the house of commons to issue his warrants to the clerk of the crown to make out new writs for electing members of the house of commons, in the room of such members as should happen to die, or become peers of Great Britain, at the times, in the manner, and under the restrictions in the said several acts mentioned j and whereas the said acts have been found highly advantageous to the public, by causing speedy elections of members of the house of commons, and it is therefore expedient that the provisions therein contained should be further extended, and freed from certain of the restrictions in the said acts particularly specified, and also that some further provisions should be made for carrying the said powers into execution, in the cases of the death of the speaker of the house of commons for the time being, or of his seat in ]:)arliament becoming vacant, or of his absence out of the realm j and it would be also convenient that the provisions contained in the said two several acts of parliament, and of this act, should be reduced iiito one act of parliament, and that, for that purpose, those provisions contained in the said two several acts should be repealed ; be it therefore enacted, &c. That from and after the passing of this act, the said act, passed in the 10th year of the reign- of his present majesty, and also so much of the said act, passed in the 15th year of the reign of his present majesty, as enables the speaker of the house of commons to issue his warrants to make out new writs for the election of members to serve in parliament, shall be, and the same are hereby repealed. 10 Geo. 3. c,4l. and 15 Geo. 3. c. 36. The recited act of 10 G. 3. re- pealed ; and part of 15 G. 3. c. 36. 70 11 Geo. hi. c. 10. [appendix I. amended 15 & 16 G. a c. 11. the speaker dur . ing recess above 20 days to issue warrants to crown clerk for new writs to elect members. The death certi- fied to the speaker by two members under their hands notice of the Speaker to issue his warrant, dur- ing a recess, for making out writs for electing mem- bers in the room of those who shall die or be- come peers of Great Britain^ Certificates of vacancies to be notified in the Gazette. Certain restric- tions on the speaker relative to issuing his warrant. Speaker to au- thorize a certain number of mem- bers of the house of commons to execute the powers given to him by this act. ment ; for remedy whereof be it 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 from and after the end of the present session of parlia- ment it shall and may be lawful for the speaker of the house of commons for the time being during the recess of parlia- ment, for more than twenty days, whether by prorogation or adjournment, and he is hereby required, to issue his warrants to the clerk of the crown to make out new writs for electing members of the house of commons, during such recess of parliament, upon such notice thereof, and in such manner, as is herein after provided, and not otherwise. When the death of such member shall have been certified to the speaker of s. 2. And be it enacted. That, from and after the passing of this act, it shall and may be lawful for the speaker of the house of commons for the time being, during any recess of the said house, whether by proro- gation or adjournment, and he is hereby required, to issue his warrant to the clerk of the crown, to make out a new writ for electing a mem- ber of the house of commons in the room of any member of the said house who shall happen to die, or who shall become a peer of Great Britain^ either during the said recess, or previous thereto, as soon as he shall receive notice, by a certificate, under the hands of two members of the house of commons, of the death of such member, in the first case ; and in the second case, that a writ of summons hath been issued, under the great seal of Great Britain^ to summon such peer to parliament ; which certificate may be in the form, or to the effect, comprised in the schedule hereunto annexed. 3. Provided always, and be it enacted. That the speaker of the house of commons shall forthwith, after his receiving such certificate, cause notice thereof to be inserted in the London Gazette, and shall not issue his warrant until fourteen days after the insertion of such notice in the Gazette. 4. Provided also. That nothing herein contained shall extend to enable the speaker of the house of commons to issue his warrant for the pur- poses aforesaid, unless the return of the writ, (by virtue of which such member deceased, or become a peer of Great Britain, was elected) shall have been brought into the office of the clerk of the croum, fifteen days at the least before the end of the last sitting of the house of commons immediately preceding the time when such application shall be made to the speaker of the house of commons to issue such warrant as aforesaid, nor unless such application shall be made so long before the then next meeting of the house of commons for the despatch of business, as that the writ for the election may be issued before the day of such next meeting of the house of commons ; nor in case such applicatiori shall be made with respect to any seat in the house of commons which shall have been vacated in either of the methods before mentioned, by any member of that house against whose election or return to serve in parliament a petition was depending at the time of the then last prorogation of par- liament, or adjournment of the house of commons. 5. And whereas the due execution of this act may be prevented or impeded by the death of the speaker of the house of commons for the time being, or by his seat in parliament becoming vacant, or by his absence out of the realm, for which inconveniences it is expedient to provide a remedy ; be it therefore enacted by the authority aforesaid. That it shall and may be lawful for the present speaker of the house of commons, and he is hereby required, within a convenient time after the passing of this act, and for every future speaker of the house of com- mons, and he is hereby required, within a convenient time after he shall be in that office, at the beginning of any parliament, by any instrument in writing under his hand and seal, to nominate and appoint a certain number of persons, not more than seven, nor less than three, members of the house of commons at the time being, thereby authorizing them, or any one of them, to execute all and singular the powers given to the speaker of the house of commons for the time being, for issuing such PART II.] 11 Geo. III. c. 10. 71 the house of commons, for the time being,' by any two mem- bers thereof by writing under their hands, the said speaker shall forthwith after the receipt of such certificate cause notice of the death of such member to be inserted in the Dublin Gazette ; and at the end of fourteen days after the said inser- tion thereof in such Gazette, the day of such insertion ex- cluded, the speaker shall forthwith issue his warrant in man- ner aforesaid, unless the said house of commons shall have met again after such prorogation or adjournment before the issuing thereof. s. 2. Provided always, and be it further enacted by the authority aforesaid, that nothing herein contained shall extend to authorize the speaker of the house of commons for the time being to issue his warrant to the clerk of the crown to warrants as aforesaid, by virtue of this act, subject nevertheless to such reg-ulations and exceptions as are herein also contained ; which instru- ment of appointment and authority shall, notwithstanding the death of the speaker of the house of commons making and executing the same, or the vacating his seat in parliament, continue and remain in full force until the dissolution of the parliament in which it shall be made. 6. Provided always, and be it enacted. That whenever and as often as the said number of persons, so to be appointed as aforesaid, shall, by death, or by their seats in parliament being vacated, happen to be re- duced to less than three, it shall and may be lawful for the speaker of the house of commons for the time being to make a new appointment in the manner herein before directed. 7. Provided also. That every such appointment shall be entered in the journals of the house of commons, and be also published once in the London Gazette ; and the instrument of such appointment shall be pre- served by the clerk of the house of commons, and a duplicate thereof shall be filed in the office of the clerk of the crown in chancery. 8. Provided also. That nothing in this act contained shall extend, or be construed to extend, to give any power or authority whatsoever to any person so to be nominated and appointed as aforesaid, except in the case of there being no speaker of the house of commons, or of his being absent out of the realm, nor for any longer time than such person, so to be appointed as aforesaid, shall continue a member of the house of commons , any thing herein contained to the contrary notwithstanding. 9. And be it enacted. That the publisher of the Gazette for the time being, when any such notice as aforesaid of the issuing of any such war- rant shall be brought to him, signed by any person so appointed as afore- said, shall give a receipt for the same,' specifying the day and hour when the same was received ; and in case more than one such notice shall be brought to him, relative to the same election, such publisher shall insert in the Gazette only the notice first received. SCHEDULE. We whose names are underwritten, being two members of the house of commons, do hereby certify. That M. P. late a member of the said house, serving as one of the knights of the shire for the county of [or as the case may be'\ died upon the day of [or is become a peer of Great Britain'}, and that a writ of summons hath been issued, under the great seal of Great Britain^ to summon him to parliament [a^ the case may he'\ ; and we give you this notice, to the intent that you may issue your warrant to the clerk of the cro\yn, to make out a new writ for the election of a knight to serve in parliament for the said county of [or a.s the ca^e may be} in the room of the said M. P. Given under our hands, this day of To the Speaker of the House of Commons. That in case there shall be no speaker of the house of commons, or of his absence out of the realm, such certificate may be ad- dressed to any one of the persons appointed according to the directions of this act. « death in gazette forthwith, warrant in 14 days after unless a previous meet- ing. Return of the writ by which the deceased elected, brought to the hanaper 15 days before the When such num- ber shall be re- duced to less than three, a new appointment to be made. Appointments to be entered in the journals of the house, and pub- lished in the Gazette. In what cases only such persons are impowered to act. Publisher of the Gazette to give receipts for notices. 72 13, 14 Geo. III. c. 35. [appendix i. ond of the session make out a new writ for the electing a new member of the no^petition house of commons in the room of any member deceased, question. unless the return of the vvidt, by virtue of which such mem- ber deceased was elected, shall have been brought to the office of the clerk of the hanaper fifteen days at the least before the end of the session of parliament immediately pre- ceding the death of such member, and no petition shall have been preferred, or other question be depending in the house of commons touching the validity of such return, or of the election upon which the same was made. No. 47 11 Geo. III. Ir. c. 12. An Act to regulate the Trials of Controverted Elections on returns of Members to serve in Parliament, A.D. 1772. Repealed by the 31 Geo. III. Ir. c. 36, which see. No. 48.— 13, 14 Geo. III. Ir. c. 15. Aji Act, ^c. (to make the 11 Geo. III. Ir. c. 12. perpetual.) Repealed by the 31 Geo. III. Ir. c. 36. No. 49.— 13, 14 Geo. III. Ir. c. 35. ( i An Act to enable his Majesty's subjects of whatever persuasion I to testify their allegiance to him. • A.D. 1773-4. t s. 1. “ Whereas many of his majesty’s subjects in this kingdom are desirous to testify their loyalty and allegiance to his majesty, and their abhorrence of certain doctrines imputed to them, and to remove jealousies which thereby have for a length of time subsisted between them and others his majes- ty’s loyal subjects, but upon account of their religious tenets are by the laws now in being prevented from giving publick assurances of such allegiance, and of their real principles and good will and affection towards their fellow subjects : in order therefore to give such persons an opportunity of testifying their allegiance to his majesty, and good will towards the . present constitution of this kingdom, and to promote peace and industry amongst the inhabitants thereof, be it enacted by . the king’s most excellent majesty by and with the advice and consent of the lords spiritual and temporal and commons inj PART IL] 13, 14 Geo. III. c. 35. 73 this present parliament assembled, and by the authority of the same, that from and after the first day of June, one us” thousand seven hundred and seventy four, it shall and may be tice or magis- lawful for any person, professing the Popish religion, to go before the judges of his majesty’s court of king’s bench, subscrtbe o&Si of any justice of the peace for the county in which he does or allegiance and de- shall reside, or before any magistrate of any city or town herein, corporate wherein he does or shall reside, or before any ma- gistrate of any city or town corporate wherein he does or shall reside, and there take and subscribe the oath of allegi- ance and declaration herein after mentioned ; which oath and declaration such judges of the king’s bench, justices of the peace, and magistrates are hereby enabled and required to administer : ‘‘ I A, B. do take Almighty God and his only Son Jesus Christ my Redeemer to witness, that I will be faithful and bear true allegiance to our most gracious sovereign lord King George the Third, and him will defend to the utmost of my power against all conspiracies and attempts whatever, that shall be made against his person, crown, and dignity ; and I will do my utmost endeavour to disclose and make known to his majesty, and his heirs, all treasons and traitorous conspi- racies, which may be formed against him or them ; and I do faithfully promise to maintain, support and defend, to the utmost of my power the succession of the crown in his ma- jesty’s family against any person or persons whatsoever ; hereby utterly renouncing and abjuring any obedience or alle- giance unto the person taking upon himself the stile and title of Prince of Wales in the lifetime of his father, and who since his death is said to have assumed the stile and title of King of Great Britain Ireland hy the name of Charles ihe Third, and to any other person claiming or pretending a right to the crown of these realms; and I do swear, that I do reject and detest as unchristian and impious to believe, that it is law- ful to murder or destroy any person or persons whatsoever for or under pretence of their being heretics ; and also that un- christian and impious principle, that no faith is to be kept with heretics ; 1 further declare, that it is no article of my faith, and that I do renounce, reject, and abjure the opinion, that princes excommunicated by the pope and council, or by any authority of the see of Rome, or by any authority what- soever, may be deposed or murdered by their subjects, or by any person whatsoever ; and I do promise, that I will not hold, maintain, or abet, any such opinion, or any other opi- nion, contrary to what is expressed in this declaration ; and I do declare, that I do not believe, that the pope of Rome, or any other foreign prince, prelate, state, or potentate hath or ought to have any temporal or civil jurisdiction, power, supe- riority, or pre-eminence, directly or indirectly, within this realm ; and I do solemnly in the presence of God, and of his only Son Jesus Christ, my Redeemer, profess, testify, and declare, that I do make this declaration, and every part 9 74 15, 16 Geo. III. c. 11. [appendix i. thereof, in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or mental reserva- tion whatever, and without any dispensation already granted by the pope, or any autliority of the see of Rome, or any jjerson whatever ; and without thinking that I am or can be acquitted before God or man, or absolved of this declaration, or any part thereof, although the pope, or any other person or persons, or authority whatsoever, shall dispense with or annul the same, or declare that it was null and void from the Yearly lists of >Jegin“™g- . So help me God. such Papists re- s. 2. ‘‘ And be it enacted by the authority aforesaid, that of^counciMa^l officer of the court of king’s bench, justices of the peace, days after 1st of aiid magistrates of the city and towns corporate shall yearly December, spe- within twenty one days after the first day of December return lity ^”conditio1!i^‘^" lo the clerk of the privy council of this kingdom, or his deputy, title, and abode, a true and perfect list under his or their hand of every such Papist, as shall in the course of the preceding year have taken and subscribed such oath ; in which list the quality, condition,' title, and place of abode of such Papist shall be specified.” No 50 15, 16 Geo. III. In. c. 11. i An Act to explain and amend an act made in the eleventh year^ of the reign of his present Majesty, entitled, Act to^ eiiahle the Speaker of the House of Commons to issue his^ Warrants to make out New Writs for the choice of Mem^\ hers to serve in Parliament, in the room of such Members as< shall die during the recess of Parliament f and for enabling the Speaker of the House of Commons to make out Neiu' Writs for the choice of Members to serve in Parliament in \ the room of such Members, as shall, during the recess of Parliament, become Peers of Ireland, and be summoned fo ■ Parliament A.D. 1775-6. ( 11 G. 3. c. 10. recited, s. 1. “ Whereas by an act passed in the eleventh year of‘; the reign of his present majesty, entitled, “ An act to enable'^: the speaker of the house of commons to issue his warrants to ' make out new writs for the choice of members to serve m par- liament, in the room of such members as shall die during the recess of parliament,') the speaker of the house of commons is required to issue his warrant to the clerk of the crown to make out new writs in the room of members, who die during a recess of parliament for more than twenty days, whether by prorogation or adjournment, the deaths of such members having been certified in writing to him under the hands of two members of the house of commons, and fourteen days notice being first given by the speaker of the house of com- mons thereof, and of his intentions to issue such warrants, by inserting such notice in the Dublin Gazette : and whereas inconvejiiencies might arise, if such notice should be inserted in the Dublin Gazette, and such warrant should be issued by ?AET II.] 15, 16 Geo. III. c.. 11. 75 the speaker of the house of commons, in the case of the death of a member which shall not be certified to the speaker of the house of commons so long before the actual meeting of the house of commons for the dispatch of business, as that the said notice may be inserted, and the fourteen days expired, before the said meeting of the house of commons, or in the case of the death of a member, against whose election or return a petition had been presented to the house of com- mons, and was depending at the time of such prorogation or to require adjournment : for preventing the same, be it enacted by the king’s most excellent majesty by and with the advice and warrant for new consent of the lords spiritual and temporal and commons in this memb^r^s death present parliament assembled, and by the authority of the not certified to same, that nothing in the said act contained extends, or shall ^fourteen be construed to extend, to require the speaker of the house days notice be- of commons to insert notice in the Dublin Gazette^ or issue and^for”el^^' his warrant to make out a new writ in the room of any mem- t?^ doubts arising upon an act, entitled, An act for the better ex- ecution of his majesty's gracious declaration for the settlement, of his kingdom of Ireland, and satisfaction of the several in-t terests of adventurers, soldiers, and other his subjects there, and for making some alterations of, and additions unto the said act,, for the more speedy and effectual settlement of this kingdom,; unless he shall have taken, made and subscribed the oaths and declaration, and performed the several requisites which by any law heretofore made, and now of force, are required to enable any person to sit or vote, or to hold, exercise, and en-^ joy the said offices respectively. s s. 13. And whereas it may be expedient, in case his mai jesty, his heirs and successors, shall be pleased so to alter the statutes of the college of the Holy and Undivided Trinity! near Dublin, and of the university of Dublin, as to enabl^ persons professing the Roman Catholic religion, to enter into or to take degrees in the said university, to remove any obstacle which now exists by statute law; be it enacted, That from and after the first day of June, one thousand seven hundred and ninety-three, it shall not be necessary for anv’’ person, upon taking any of the degrees usually confeired by" the said university, to make or subscribe any declaration, or to take any oath, save the oaths of allegiance and abjura tion, any law or statute to the contrary notwithstanding. No benefit under this act, unless the oath and de- claration be made and subscribed, and also the oath appointed by 13 and 14 G 3. as )>ereiu. idW OtClvtlLC w ^ ^ ^ o A s. 14. Provided always, That no Papist or Roinaii Catno-j| lie, or person professing the Roman Catholic or Popish shall take any benefit bv or under this act, unless he shall! have first taken and subscribed the oath and declaration in| this act contained and set forth, and also the said oath| appointed by the said act passed in the thirteenth and four-,^ teenth years of his majesty’s reign, intituled, ^ An Act to. PART II.] 33 Geo. III. c. 21. 87 enable his majesty's subjects, of whatever persuasion, to testify their allegianee to him,' in some one of his majesty’s four courts, in Dublin, or at tlie general sessions of the peace, or at any adjournment thereof to be holden for the county, city, or borough, wherein such Papist, or Ptoman Catholic, or person professing the Roman Catholic or Popish religion, doth inhabit or dwell, or before the going judge or judges of assize, in the county wherein such Papist or Roman Catho- lic, or person professing the Roman Catholic or Popish reli- gion, doth inhabit and dwell, in open court. s. 15. Provided always, and be it enacted. That the names Names to be in. of such persons as shall so take and subscribe the said oaths serted on rolls / and declaration, with their titles and additions, shall be en- tered upon the rolls for that purpose to be appointed by said respective courts ; and that the said rolls, once in every year, rolls to be tran^- shall be transmitted to and deposited in the Rolls^ Office in ^tted to rolls this kingdom, to remain amongst the records thereof j and masters of rolls, the masters or keepers of the rolls in this kingdom, or their give certL lawfiil deputy or deputies, are hereby empowered and required herein ; to give and deliver to such person or persons so taking and subscribing the said oaths and declaration, a certificate or certificates of such person or persons having taken and sub- scribed the said oaths and declaration, for each of which cer- I lificates the sum of one shilling, and no moi'e, shall be paid, fee. Is. ; s. 16. And be it further provided and enacted. That from p>j.om \&t April I and after the first day of April, one thousand seven hundred no freeholder, ’ I and ninety-three, no freeholder, burgess, freeman, or inhabit- man^cSmlie^^ ! ant of this kingdom, being a Papist or Roman Catholic, or capable of glVing [person professing the Roman Catholic or Popish religion, shall vote for elect- lat anytime, be capable of giving his vote for the electing sefvem^parlia!^ ! of any knight or knights of any shii'e or county within this naent, until he i kingdom, or citizen or burgess to serve in any parliament, until he shall have produced and shown to the high sheriff of the I said county, or his deputy or deputies, at any election of a j knight or knights of the said shire, and to the respective chief I officer or officers of any city, borough, or town-corporate, to whom the return of any citizen or burgess to serve in parlia- I ment, doth or shall respectively belong, at the election of any I citizen or burgess to serve in parliament, such certificate of 1 his having taken and subscribed the said oaths and declaration, (I either from the Rolls’ Office, or from the proper officer of ; the court in which the said oaths and declaration shall be ( taken and subscribed ; and such person being a freeholder, I ffeeman, burgess, or inhabitant, so producing and shewing 5uch certificate, shall be then permitted to vote as amply and Fully as any Protestant freeholder, freeman, burgess, or in- habitant of such county, city, borough, or town corporate, , >ut not otherwise. 88 33 Geo. III. c. 87. [appendix 1. No. 71 38 Geo. III. c. 84. An Act for the Support of the Honour and Dignity of His Majesty's Crown in Ireland, and for granting to His Ma^ jesty a Civil List Establishment, under certain Provisions and Regulations, A.D. 1793. All works car- ried on at the public expense, to be under the controul of board of works ; lord lieutenant to appoint an archi- tect to superin. tend public buildings ; such person not to sit in parlia- jrnent. s. 21. “ And be it enacted and declared, That all public buildings or works of any kind whatsoever, carried on solely at the public expence, shall be hereafter in the execution of the same, under the sole management, inspection, and con- troul of his majesty’s board of works, and to provide for the due and faithful execution of the work, the lord lieutenant as soon as conveniently may be after the passing of this act, shall appoint by warrant, an architect or inspector of civil buildings, (he being bona fide an architect or builder,) who shall super- intend the execution of all public works, under the direction of the commissioners of the board of works, and who is hereby declared, and shall be incapable of sitting or voting in parliament.” No. 72.-88 Geo. III. Ir. c. 37. An Act for continuing and amending the several Laws relating to His Majesty's Revenue, and for more effectually prevent^ ing Frauds therein, A.D. 1793. Grant of lands [This act, s. 2. &c., enables the commissioners of the re- light-houses, venue to take bv deed, lease, or inquisition, for any term of, y)ne. years, lands not exceeding one acre, &c. in the king s name, or i as they shall appoint, for building light-houses, watch-houses, ! and other accommodations for the business of the revenue.] ' If such land be s. 3. « Provided always. That if such land be any part of j as herein de- any fair-ereen, or market place, or within the precincts of than absolutely any City, town corporate, borough or manor, having a right necessary shall to return citizens or burgesses to parliament ; or of any quay, e emise . town or village actually built upon ; or any part of a demesne, or of any lawn, gar- den, orchard, yard, planted walk, or avenue to a house, or of any park or paddock for deer, not more of such land shall be demised than is absolutely necessary for such light-houses, or watch-houses to stand or be erected on. i Persons inha- s. 4. Provided always. That no officer or officers, or other h^^fs^^&c person or persons residing in, or inhabiting such light-house not to acquire a or light-houses, watch-house or watch-houses, shall have, ac- | right of voting quire, or exercise, any right of voting for members to serve j thereby. parliament, for or by reason of such inhabiting or resi- | dence. I' PART II.] 33 Geo. III. c. 41. 89 No. 73—33 Geo. III. Ir. c. 41. An Act for securing the Freedom and Independence of the House of Commons, hy excluding therefrom persons holding any Offices under the Crown, to he hereafter created, or holding certain Offices therein enumerated, or Pensions for Terms of Years, or during His Majesty's pleasure, A.D. 1793. s. 1. For the better preserving the constitution and free- dom 6t parliament ; be it enacted by the king’s most excellent majesty, by and with the advice and consent of the lords spi- ritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that no person No person who who shall have in his own name, or in the name of any person ^ or persons in tmst for him, or for his benefit, any office or Sed^ifte? this place of profit under the crown, at any time after the passing having' a of this act, created or erected, nor any person having any SrTurin^pfea.^^’ / A or during plea- pension irom the crown during pleasure, or for a term of years; sure, or whose nor fiTTiT TtArcoM tsVirsll c. xi wif© shall havG ^ ^ V/, Vi ivi Vi ycalo, iautc, 1 nor any person whose wife shall have any pension from the crown during pleasure, or for a term of years ; nor any sur- nor any sur. veyor-general in the revenue, nor any collector in the revenue veyor general, appointed by the commissioners of customs or excise, save only ?eTenueTSceit the collectors of the customs and excise in the port of Dublin Dublin j and in the county of, and city of Dublin ; nor any of the ?he secretaries to the commissioners of customs, to the excise, to missioners jthe commissioners of accounts, to the commissioners of the IbaiTacks, to post-office, or to the board of ordnance ; nor the nor^paymaster oi I IIP VlYlflGf/JV nr — a. 1 _ •j nnrn , ^ - y W. ww Vfi y llKJl tllC ^ . [paymaster of bounties on corn coming coastways to the city bounties. X y ^ VA*. IX wiAiAiig V.- wcta L» VV C*y O l/V-l Hit? Ci-ty . 1 »• of Dublin, shall be capable of being elected a member of the Elected a mem- house of commons in this present parliament, or of being ber of palinraent. elected, or of sitting and voting as a member of the house of commons, in any parliament w'hich shall be hereafter summon- ' ed and holden. s. 2. And be it further enacted, that if any office under the Offices revived ...own, hath been abolished or disused for the space of five years, before the passing of this act, shall be re-established, ye^^added to^ ** )r if any additional salary exceeding one hundred pounds per salary, deemed i mnum, shall after the passing of this act, be added to the ialary of any office, or if a salary of one hundred pounds per mnum, shall be granted to any office to which no salary is now (ranted, every such office shall be deemed a new office, within he true intent and meaning of this act. s. 3. Provided always. That if his majesty shall think fit Majesty I o grant the office of high treasurer of Ireland, to be exe- i uted by commissioners, it shall and may be lawful for such sury, they and commissioners, and for the secretary of such commissioners, 0 be elected members of, and to sit and vote in the house of members ^ I ommons. 1 s. 4. Provided also, and be it enacted, That if any person • eing chosen a member of the house of commons shall, after SsistSc® lie thirty-first day of December, one thousand seven hun- accept ^ g offices of profit. i; ^ 00 33 Geo. III. c. 4l. [appendix l shall vacate their seats. Such persons may be re-elected. No additional commissioners to be appointed. King may ap. point commis- sioners of treasury. Not to extend to Cythcers in army, militia, or navv, ike. Elections of per- sons hereby deemed incapa- ble, shall be void, and such persons presuming to sit <«r vote, forfeit .WO^. to persons f ning. Persons who shall be appoint- ed to places of •JOO^. a year, hereafter created, shall swear they are not for members of par- liament. dred and ninety-three, accept any office of profit from the crown, during such time as he shall continue a member, his seat shall thereupon become vacant, and a writ shall issue for a new election. s. 5. Provided nevertheless, that such person shall he capa- ble of being again elected to be a member of the house of com- mons, for the place for which he had been a member, or any other place sending members to the house of commons. s. 6. Provided" also, and be it enacted. That in order to prevent for the future, too great a number of commissioners being appointed or constituted for the execution of any office, no greater number of commissioners shall be made or consti- tuted for the execution of any office, than have been em- ployed in the execution of such office, at some time before the first day of the present parliament. s. 7. Provided always. That it shall and may be lawful for his majesty, his heirs and successors, to appoint commissioners for the purpose of executing the office of high treasurer of , this kingdom. s. 8. Provided always, That nothing herein contained shall extend, or be construed to extend to any member of the ! house of commons being an officer in his majesty’s army, militia, or nav}^ or who shall receive any new or other com- mission or warrant in the army or navy respectively ; nor to i any person having or accepting an office for life, or during good behaviour. s. 9. And be it further enacted, That if any person hereby : disabled or declared incapable of sitting or voting in the house of commons, shall nevertheless be returned as a member to i serve for any county, city, borough, town, or place in par- 'i liament, such election and return are hereby declared to be , void, to all intents and purposes ; and if any person so here- j after returned, and disabled or incapable by this act to bet! elected, shall presume to sit or vote as a member of the house , of commons, such person so sitting or voting shall forfeit the . sum of five hundred pounds, to be recovered by such person as shall sue for the same, in any ot his majesty’s courts of record in Dublin^ by action of debt, bill, plaint, or infer- ! mation, wherein no essoin, protection, or wager of law shall be i allowed, and only one imparlance. . s. 10. And be it further enacted, That from and after the passing of this act, it shall not be lawful for any person who i shall be appointed to any civil office, or place of profit under ; • the crown, the salary and perquisites of which shall amount to two hundred pounds a year, which shall be hereafter created or erected, to execute the duties, or receive the salary or profits of such office, until he shall have taken ; before a baron of the court of exchequer, the oath following to wit : I I, A, B. do swear, that I have not accepted, and will not ! hold the office of in trust, or for the use or benefit, directly or indirectly, of any mem- ber of the house of commons. So help me God. Oath. 35 Geo. III. c. *28. I PART II.] 91 . s. 11. And be it further enacted, That from and after the i passing of this act, every person who shall be elected a mem- I her of the house of commons, shall at the time he takes his I seat in the said house, take and subscribe the oath following, I to wit ; j I, A. do swear, that I do not hold in my own name, or oath to be taken 1 in the name of any person in trust for me, or for ray benefit, rat*mbers on : any pension for years, or during his majesty’s pleasure, or seats ^ i any office or place of profit under the crown, which is ren- I dered by act of parliament incompatible with the holding a seat in the house of commons. : No. 74.-35 Geo. III. Ir. c. 28. j An AcA for the better Regulation of the Receipts and Issues of his Mujestifs Treasury, and for repealing an Act cf Par- j liament passed in the tenth year of Henry the Severith, en- !l titled, An Act authorizing the Treasurer to make all ;! Officers as the Treasurer of England doth fa) A.D. 1795. s. 2. And be it enacted. That the office of receiver-gene- Oflice of receiver ral and paymaster-general of his majesty’s revenues, profits, anti payinaster- and casualties in this kingdom, shall cease, be suppressed, fishlt?^ and utterly abolished. s. 5. And be it enacted, That from and after the passing His majesty may of this act, it shall and may be lawful for his majesty, his ^ heirs and successors from time to time, by letters patent all dSsToU under the great seal of this kingdom, to appoint a receiver- lected under the general of all duties, aids, revenues, and taxes collected and ofTSmTand levied under the authority and direction of the commisskmer excise, together ij of customs and excise, together with a yearly salary not ex- s'aian^dTlooo/. ij ceeding one thousand pounds, to be paid to such person as a I reward for executing the said office ; and every person who ^1 shall be so appointed, shall hold his said office during his ma- Ijjestys pleasure, and shall keep his office at his majesty’s cus- tom-house of the city of Dublin^ where the business thereof shall be transacted. s. 6. And be it enacted, That the office of receiver-gene- Receiver.general ral, to be exercised pursuant to the provisions of this act, shall be deemed an old office, and shall not incapacitate the person pTrUamerlt^ holding the same from sitting in parliament, any law or sta- tute to the contrary notwithstanding. {a) See the 56 Geo. 3. c. P8. 92 35 Geo. III. c. 29. [appendix I. Preamble. From 1st June^ 1795, 2 Geo. 1, c. 19, except such part as relates to election of an alderman or burgess ; and 1 Geo. 2, c. 9. and 19 Geo. 2, c. Jl. and so much of •21 G. 2, c. 10, as relates to elec- tions of members ; and 36reo.3, c. 18. and 15 and \QGeo. 3. c. 16. and so much of •21 and 22 Geo. 8. c. -21. No. 75 — 35 Geo. III. c. 29. An Act for Regulating the Election of Members to serve in Parliament, and for repealing the several Acts therein men-- Honed, (a) A.D. 1795. s. 1. Whereas the laws for regulating the election and return of members to serve in parliament, have been found inadequate to the purposes intended : be it therefore enacted. That from and after the first day of June, which will be in the year 1795, an act passed in the second year of the reign of King George the First, intituled, ‘ An Act for the more effectual preventing fraudulent conveyances in order to multiply votes for electing members to serve in parliament, and for pre- venting the irregular proceedings of sheriffs and other officers in electing and returning such members,' except such part thereof as relates to the new election of an alderman or bur- gess of a corporation upon death, removal, or resignation; and also an act passed in the first year of the reign of his late ; majesty King George the Second, intituled, ‘ An Act for the further regulating the election of members of parliament, and , preventing the irregular proceedings of sheriffs and other off- ■ cers, in electing and returning such members,' except so much thereof as relates to the new election of an alderman or bur- gess of a corporation upon death, removal, or resignation ; and also an act passed in the nineteenth year of the reign of his late majesty King George the Second, intituled, ‘ An Act for better regulating elections of members to serve in parliament ' and also so much of an act passed in the twenty-first year of [ the reign of his said late majesty King George the Second, j intituled, ‘ An Act to amend and make more effectual an act, I entitled. An Act for better regulating elections of members to serve in parliament, and for the more effectual quieting of cor- \ porations and securing the right of persons who have been or , shall be elected into the offices of aldermen and burgesses within any corporation of this kingdom,' as relates to the election of members to serve in parliament, and also an act passed in the third year of the reign of his present majesty, intituled, ‘ An Act for the more effectual preventing bribery and corruption in \ the elections of members to serve in parliament, and the magis- trates of cities, boroughs, and towns corporate and also an 3 act passed in the fifteenth and sixfu^ath years of the reign of his present majesty, intituled, ‘ f^ better regulating ) the elections of members to serve 'in parliament; and also so i much of an act passed in the twenty-first and twenty-second years of the reign of his present majesty, intituled, ‘ An Act 1 (a) So much of this act as relates to elections of members for counties of cities and counties of towns, is expressly repealed by the 4 Geo. 4. c. 55- PART II.] So Geo. III. c. 29. 93 I /or the more effectually preventing the multiplying votes at elec- ; tions of members to serve in parliament for boroughs where a i right of voting is vested in the Protestant inhabitants in gene- ; raly or Protestant inhabitants and others, as relates to the j election of members to serve in parliament, except such part or parts thereof as relate to the elections of chief magistrates, as relates to the i burgesses, and freemen, which said part and parts are to con- election of mem. tinue and remain in force of law, as if this act had not been herein^*®'’*®® li passed ; and also an act passed in the twenty-first and twenty \ second years of the reign of his present majesty, intituled, an<12land22 \ * An Act to explain and amend an act passed this session ^ ^3. II parliament, entitled. An Act for the more effectually preventing the multiplying of votes at elections of members to serve in par- I liament for boroughs where the right of voting is vested in [i the Protestant inhabitants in general, or Protestant inhabitants I and others;' and also an act passed in the twenty- third and and 23 and 24 twenty- fourth years of the reign of his present majesty, in- tituled, ‘ An Act to amend an act, intituled An act for pre- venting bribery and corruption in elections for members to serve in parliament and also an act passed in the twenty-fifth year and 25 Geo. 3. c, , of the reign of his p'esent majesty, intituled, ‘ An act for the more effectually registering of freeholders and also an act and 26 Geo. 3 c passed in the twenty-sixth year of the reign of his present ma- 22. " jesty, intituled, ‘ An act to suspend, for a limited time, the operation of an act passed last session of parliament, intituled, ^ An act for the more effectually registering of freeholders, so far as the same shall affect the election of members to serve in parliament;' SinU also an act passed in the twenty-sixth and 26 Geo. .3. c. iyear of the reign of his present majesty, intituled, ‘ An act for amending the several laws relative to the register- ^^9 of freeholders ;' and also an act passed in the twenty- and 28 Geo. 3. c. eighth year of the reign of his present majesty, intituled,^' 1‘ An act for the further amendment of the laio relative to the registering of freeholders ;' and also an act passed in the twenty- and 29 Geo. 3, e. ninth year of the reign of his present majesty, intituled, ‘ An act to continue the effect of an act, intituled, ‘ An act for the further amendment of the law relative to the registering of free- holders ;' and also an act passed in the thirtieth year of the and 30 G. 3. e. reign of his present majesty, intituled, ‘ An act to continue ^he effect of an act, intituled, ^ An act for the further amend- ment of the law relative to the registering of freeholders,' shall ) Je repealed to all intents and purposes whatsoever, except so repealed, except. I ar as relates to any person who may offer to vote at any elec- ^ don for a member or members to serve in parliament, the est of the writ for holding of which shall bear date before he first day of January, one thousand seven hundred and ! linety-seven, or to the powers or conduct of the returning ^ )fficer, or any deputy, in respect to any such person or per- ons, and the oath or oaths to be administered to him. s. 2. And be it further enacted. That every election to be Elections of nade of a knight or knights of a shire to serve in parliament knight of a shire or any county in this kingdom, shall be holden at the place 94 35 Geo. III. c. 29. [appendix I. were last held ; in county of Dublin where session of peace ; how sheriff shall hold and adjourn election. When and to whom the sheriff shall issue his precept; duty of officer to whom the precept shall be issued. See I G, 4. c. 11, 5. When the sheriff of a city or town shall hold elec. where the assizes for such county, and in the county of Dub^ lin, where the sessions of the peace for the said county were last held previous to such election, on such day as the sheriff shall appoint, not sooner than ten nor later than twenty days after he shall have received the writ for holding the same ; and that the sheriff shall then and there proceed to election, and shall not adjourn to any other town or place, nor without the consent of ail the candidates, longer than from day to day, unless a Sunday shall intervene, and then only from Saturday to the next Monday, and shall duly and orderly, and without delay, proceed in taking of the poll from day to day, until all the freeholders who shall there present themselves shall be polled ; and every sheriff shall cause to be affixed on the door of the county court-house, public notice, signed by himself, of the* day for holding the election, ten days at the least preceding such day. 3. And be it further enacted. That the sheriff of every county shall, within four days after he shall receive the writ for the election of any members to serve in parliament, for any place or places within his county, issue his precept or precepts, and cause the same to be delivered to such acting magistrate or magistrates, officer or officers of such place or places as made the last return of members to serve in parliament for the same> be he mayor, sovereign, portrieve, provost, burgomaster, bailiff, or seneschal, and to no other person ; and such magistrate or officer shall hold the election thereupon within twenty days from the day of his receiving the precept, having in the usual public place in such borough caused to be affixed notice under his hand, of the time and place of holding such election,ybMr days at the least preceding the day of such election, and such sheriff shall accept the return of every such precept from such magistrate and officer only to whom he shall have so directed such precept respectively. s. 4. And be it further enacted, That the sheriff or she- riffs of a city or town, being a county in itself, shall hold the tion. Sc*e4G^o.4. election for such city or town within twenty days from the c. 55. s, 30. Qf receiving the writ, having in the usual place of such city or town caused to be affixed notice, under his or their hand, of the time and place of holding such election, ten days at the least preceding the day of the election. | Where sheriff ap. s. 5. And be it further enacted. That in case the sheriff | preffiends a coil- ^ny county shall have reason to apprehend a contest candidate re- at any election to be held by him, or in case any candidate I quires, as lierein, for such county shall, three days at the least previous to the shall be^erected ^ay appointed for holding an election, by writing under his | or hired, as there hand, require the sheriff, such sheriff shall cause to be I half^baroffies^^ erected, on some convenient place in or near the session- , with a clerk and house, or place where he shall hold such election, though I at one^ ^inea^er place should happen to be in the county of a town or t day,*^pafd^by city, so many booths, or hire so many buildings as, together county court-house, shall make up so many separate w. 48^0 53 . ^ * places for taking the poll, as there are baronies or half baro- j PART II.] 35 GEb. III. c. 29. 95 nies in the county ; and shall appropriate one of the said booths, buildings, or other places, to each barony or half barony, the name whereof he shall cause to be affixed, in large, legible characters, on some conspicuous part of the outside thereof ; and he shall appoint a clerk Tor each, and also a deputy for each, except for the one where he shall himself preside ; and the expense of every such booth or building, and of repairing and keeping up the same during the poll, and the wages of every such deputy and clerk, which shall not exceed the rate of one guinea a-day for each, shall be paid, jointly, by all the candidates to the sheriff, upon demand. s. 6. And be it further enacted, that in all elections for any ejections member or members to serve in parliament, not being elections knights of shire, for a knight or knights of the shire, the returning officer or returning officers officers shall, upon demand made to him or them by any can- tooths^ &c. at^d^ didate, in writing under his hand, three days at least previous sire of candidate, to the day of holding the election, cause to be erected in or ^^^n^soo h*ave^ near the place appointed for holding the election, as many polled formerly ; booths, or hire as many buildings for taking the poll, as such candidate shall so desire by writing under his hand, provided that the number of electors polled on. the last, or any former election, shall have exceeded two hundred ; and provided also ”facefor%Odec^ that the number of booths or buildings, together with the tors j place appointed for holding the election, shall not exceed the rate a clerk and a ^ of one place for every one hundred electors which were polled at at the last or any former election ; and the returning officer or each, paid by all officers shall appoint a clerk for each place, and a deputy for candidates, each, except where he or they shall preside ; and the expenses of erecting or hiring every such booth or building, and of re- pairing and keeping up the same during the poll, and the wages of every such deputy and clerk, which shall not exceed one guinea a day for each, shall be paid jointly, by all the candi- dates, to the returning officer or officers, upon demand. s. 7. And be it further enacted, that on every election for a At elections for knight or knights of a shire, every freeholder shall be polled s^to^ l e only in the booth, building, or place appropriated as aforesaid polled in booths to the barony or half barony, in which the freehold, by virtue appropriated to of which he offers to vote, is, either wholly or in part, situated; baronies } and that every sheriff may himself take the poll in any of the booths, buildings, or other places appropriated as aforesaid, and from time to time, during the election, change from one to the deputies may be other as he shall think fit ; and that every returning officer or removed, &c, officers may, from time to time during every election, remove any deputy, or appoint another in his room, and may change every deputy from one booth or building to another, as often as he shall think fit. s. 8. And be it further enacted, that every returning officer, books to be unless prevented by accident or unavoidable necessity, (an hours^a^day^um entry of the nature of which accident or necessity shall be less by consent of made at large on the poll-book, and signed by him,) shall cause candidates, the poll to be kept open in his own and every deputy’s court, 96 35 Geo. III. c. 29. [appendix I. Pieturning officer to take the following' oath. Oath. Deputies to take the following oath. Oath. Deputy to close and give up his poll-book each day to officer, who shall sum up the number, &c. ,b0^. penalty on deputy refus- ing to deliver poll -book, or polling after directed to stop, or before di- rected to begin, and votes not allowed. on every day for seven hours at the least, between eight in the morning and eight at night, Sunday and Christmas day only excepted, from the commencement of the election until the poll shall be finally closed, unless the consent of all the candidates shall be given for his doing otherwise, every which consent shall be entered on his poll-book. s. 9. And be it further enacted, that every returning officer shall, before he proceeds to take the poll, take and subscribe in open court the oath following, which every justice of the peace is hereby required and authorized to administer : ‘‘ I, A. B. do swear, that I wfill honestly, impartially, and without favour to any candidate, take the poll at this election, and that I have not directly or indirectly, received, nor will I hereafter directly or indirectly receive, any money, gift, reward, promise, contract, or security for money, or other reward, for or in respect of the conduct which I shall observe during the ensuing poll, or the return which I shall make at the close ' thereof, except the expenses of erecting booths, hiring build- ings, keeping them in repair, and the payment of clerks and’ deputies, and counsel for my assistance, and that 1 will return: such person or persons as shall appear to the best of my judg- | meiit at the close of the poll, to have the majority of legal votes.” And that every deputy appointed by virtue of this act, shall' i before he proceeds to take the poll, take and subscribe in open ; court the oath following, in presence of the returning o^icer | or officers, who is and are hereby required and empowered to ■ administer the same. ■ I, A. B. do swear, that I will honestly, impartially, and without favour to any candidate, take the poll at this election, and that I have not directly or indirectly received, nor will I; hereafter directly or indirectly receive any money, gift, re^j ward, promise, contract, or security for money, or other re-/ ward for, or in respect of the conduct I shall observe during i the ensuing poll, and that I will make a fair and true return / of all such persons as shall tender their votes before me, to be ;ii by me taken to the returning officer or officers by whom I am j appointed, whenever and as often as I shall be thereunto re- j quired by him or them.” ^ And a memorandum of every of the said oaths being taken, shall be enttod on the poll-book. s. 10. And be it further enacted, that every deputy shall, upon notice given to him by the returning officer, each day ! close his poll-book, and deliver in the same immediately to j such officer, who shall sum up thereupon the number of votes polled on such day for each candidate, to be read aloud and entered in his poll-book in open court ; and if any deputy shall refuse to deliver his poll-book when required by the re- turning officer, or shall continue to take the poll after he shall i have been directed by him to stop, and before he shall be again directed by him to proceed, or after his deputation shall . be revoked, he shall forfeit the sum of fifty pounds to any PART II.] 35 Geo. III. c. 29. 97 person who shall sue for the same, to be recovered as herein- after directed, and every vote admitted by him after such re- fusal or direction to stop, or revocation, shall be void, and the person who offered such vote shall not be deemed to have voted, and is hereby declared not to have voted or to have been polled at such election. s. 11. Provided always, and be it enacted, fl^^t every such, removal and new appointment of a deputy, and such notice to changes of depu- a deputy to close the poll and deliver up his book, or to change ties to be publicly from one booth or building to another, shall be made publicly, and proclaimed in the place where such deputy shall take the poll by the returning officer or officers, or some person to be for that purpose appointed by him or them. s. 12. And be it further enacted, that if any person or per- Rioting shall not sons shall violently, riotously, or outrageously disturb or inter- dosing ^he^pol?! rupl any election, or the proceedings of the poll, such distur- but the court may bance, riot, or misbehaviour shall not be any excuse to the ft^omti^e^^tcftime, returning officer or officers, nor afford him or them any pre- See 2, 3 Will, 4. tence for closing the poll, or making a return, but the court shall thereupon be adjourned for some convenient time as the occasion may require, and, if necessary, shall be further con- tinued by adjournment from time to time, until such disturb- Persons con- ance shall have ceased, when such returning officer shall again or^Sterrupting ^ proceed in taking the poll; and every person who sliall be the poll, or in- by due course of law convicted of having violently, I'iotously, or outrageously disturbed the court, or otherwise misbehaved, may be trans. so as forcibly to interrupt the proceedings of the poll, or of seven having wilfully effaced, obliterated, torn, altered, or de- stroyed the whole or any part of the poll-books of the return- ing officer or officers, or any deputy, whereon any thing relative to the said election shall have been entered, or of having forcibly or fraudulently taken or secreted the same, or any part thereof, or the writ or precept for holding such election, shall be , adjudged guilty of felony, and be trans- ported for seven years to some part of his majesty’s dominions out of Europe, or be imprisoned for any time not more than seven years, at the discretion of the judge or judges who shall try such person. s. 13. And be it further enacted. That no returning officer or officers shall, upon any pretence whatsoever, return returned than more than the number of persons he shall by his writ or pre- cept be required to return ; and that in case of an equality of a voices for any two or more candidates upon the close of the casting voice ; poll, he shall be obliged to give a casting voice, whether otherwise legally qualified to vote or not, or whether he shall have voted or not at such election ; and if any returning forfeit officer or officers shall return more than the number of per- £2000. if he re- sons who shall by the writ or precept be directed to be returned, such returning officer or officers shall forfeit the rected, and to'be sum of two thousand pounds to the person who shall first sue incapable of for the same, to be recovered as hereinafter directed, and such returning officer or officers shall be rendered incapable of ever i 93 35 Geo. III. c. 29. [appendix i. after voting at any election for a member or members to serve in parliament. further enacted, That no fee, gratuity, cer ; contractsfor reward whatsoever shall be given, paid, received or taken making a return by any sheriff or returning officer or officers of any county, shall be void ; town, or borough, for making out, or for the delivery, return, or execution of any writ or precept for the electing a member or members to serve in parliament, and that all con- tracts, promises, bonds, and securities, to be made or given to any sheriff or other returning officer or officers, for making a return of any member to serve in parliament, or to pay such sheriff or returning officer or officers any sum or sums of money, by way of gratuity or reward, for making such return, or otherwise in respect thereof, shall be, and are persons giving or herebv declared to be, null and void ; and whosoever shall give, or accept of such contract, promise, bond, or amount and 200^. other security, or any gift or reward to procure any false , / return, shall forfeit a sum equal to the value given, or intended to be given or accepted in such contract, promise, • or other security, gift, or reward, and also the further sum ; of two hundred pounds to any person who shall first sue for ^ the same, to be recovered as hereinafter directed. Officer or deputy s. 15. And be it further enacted. That if any returning Srf delav^shali officers, or any deputy who shall be appointed pur- forfeit 50ol’ suant to this act, shall unnecessarily and wdlfully protract the poll, or be guilty of any wilful and unnecessary delay in tak- ing the same, every such returning officer or officers, and every such deputy, so offending, shall forfeit the sum of five hundred pounds to any person who shall first sue for the same, to he recovered as hereinafter directed. Placa of freehold, s. 16. And be it further enacted. That in all elections at barony, and which any person shall vote as a freeholder, the returning ' holder^to en- officer or officers, and every deputy, shall enter in the poll- | tered; also sworn book the place of every such person’s freehold, and the ‘ or affirmed, &c. barony or baronies, or half-barony or half-baronies wherein , such freehold lies, and also his place of abode, as he shall i declare the same, severally, at the time of offering or giving i his vote, and also shall enter sworn or affirmed (as the case I shall be) against the name of every elector to whom any of the oaths or affirmations, by this act required or authorised, | shall be tendered, and by whom the same shall be taken, dis- Slimifto deliver tinguishing the nature of the oath or affirmation; and that poll bookswithin every sheriff presiding at any election for a knight or knights |l twenty days after gbire shall, within twenty days next after any election j Infght^of tiie for a knight or knights of the shire shall have been closed, || shire, verified on faithfully deliver over unto the clerk of the peace of the CftlJe county all the poll-books of such election, verifying upon |f oath that he delivers them without any embezzlement, oblite- p ration, erasure, or alteration, to be carefully kept and pre- i served amongst the records of the county. At. general elec- s. 17. And be it further enacted. That in tlie case of a tions, officers to general election, every returning officer who shall hold an PART II. J 35 Geo. III. c. 29. 99 election by virtue of a precept, shall make due return of such make returns ot preept six days at least before the return of the writ by virtue before ^return**^S of which said precept shall have issued, and that all and every writs ; sherilfs to sheritF and sheriffs, ’vviio shall receive any writ for the elec- “ritsto^clS of tion of any member to serve in parliament, shall make due Crown, return of such writ to the clerk of the crown, on or before the day on which such writ shall be returnable. s. 18. And be it further enacted, That in all cases where a Return of a writ writ shall be issued during a session or prorogation of parlia- ment, the return be made thereof to the clerk of the crown within forty days within forty days after the test thereof, and if by virtue tSn^held’by pre" such writ the election shall be held by precept, the return of cept,retirrnmade such precept shall he made to the sheriff within thirty days within after the date thereof ; and every sheriff and other returning foSeft foo/. ^per officer making default therein, shall forfeit to any person who day. Tshall sue for the same, the sum of one hundi'ed pounds for each day such default shall be made, to be recovered in man- ner hereinafter mentioned. s. 19. And be it further enacted, That no person to be Noeutertain- hereafter elected to serve in parliament for any county, city, town, or borough, shall after the test of the writ of summons miscs, &c. to parliament, or after the vacancy shall have happened to supply which the election shall be held, by himself, his friends, or agents, or any person or persons employed in his be- half, directly or indirectly give, present, or allow to any person or persons, having a vote or votes in such election, any money, meat, drink, entertainment, or provision, cockades, ribbands, or any other mark of distinction, or make any present, gift, rew'ard, or entertainment, or shall at any time hereafter make any promise, agreement, obligation, or engagement, or give or allow any money, meat, drink, provision, present, entertainment, or reward, to or for any such person or persons in particular, or to any such county, city, town, or borough in general, or to or for the use, advantage, benefit, employment, profit, or prefei*ment of any such person or persons, place or places, in oi*der to be elected, or for being elected to serve in parliament for such county, city, town, or borough ; and that every person and persons so giving. Persons giving, presenting, or allowing, making, promising, or engaging, J[iX\ng^&c. doing, acting, or proceeding, shall be, and is, and are hereby incapacitated to declared to be disabled and incapacitated to serve in parlia- serve, ment upon such election for such county, city, town, or borough. s. 20. And be it further enacted, that no candidate for a Candidates for county shall employ, at or for any election for said county, counties, to have where a poll shall take place, more hired agents or hired clerks one^cf^kUr each than after the rate of one agent and one clerk for each barony l>arony or half- or half-barony in the said county; and that no candidate for tovims^ ’ &c^^one any city, town, or borough, shall employ at, or for any election agent or one which shall be held there, where a poll shall take place, more loo^yoSrs^^^no hii-ed agents or hired clerks than one agent or one clerk for more than ’five every one hundred voters who polled at the last, or any previous gui^^cas for first 100 35 Geo. III. c. 29. [appendix I. day, and two guineas for every other day, for clerk or agent, penalty 1000/. see 1, ‘2 G. 4. c. 58. No counsel to plead before re- turning officer or deputy. Returning officer may employ a barrister, and candidates may pay the ex- pence. Persons who ask or receive any reward for them- selves or others, or who influence others for reward &c. forfeit 500/. After judgment such personsshall be disfranchised. Conveyances made fraudu- lently to qualify voters, shall be deemed against the persons who grant them : election held there, and that no higher sum shall be paid to any such clerk or agent than five guineas for the first day, and two guineas for every further day which the poll shall conti- nue : and if any candidate shall employ at, or for any election more hired clerks or agents than is hereby allowed, or pay or promise to pay directly or indirectly to any clerk or agent more than the wages herein specified, he shall for every such offence forfeit to any person who shall sue for the same the sum of lOOOZ. s. 21 . And be it further enacted, that no barrister or counsel or friend, or adviser of the court, although an elector, shall be permitted to plead before, or be heard as counsel, by any re- turning officer or any deputy, at any election, on the part of any candidate or elector, either for or against the right of any person to vote at such election or otherwise. s. 22. Provided always, that it shall and may be lawful for any returning officer to employ a barrister or counsel to assist ' him in the execution of his duty, and that every candidate may pay any sum he thinks proper towards defraying the ex- * pense thereof. 5 s. 23. And be it further enacted, that if any person who j shall have, or claim to have, any right to vote in any election of a member or members of parliament, shall directly or in- ^ directly ask, receive, or take any money, or other reward, by ? way of gift, employment, or other reward whatsoever, for : himself or any of his family or kindred, to give his vote, or to abstain from giving his vote, in any such election ; or if any person by himself, his friends, or by any person employed by him, shall, by any gift or reward, or by any promise or agree- ment, or security for any gift or reward, corrupt or procure ’ any person or persons to give his or their vote or votes in any ^ such election, or to abstain from giving the same, such person j shall, for every such offence, forfeit the sum of five hundred 'I pounds sterling, to the person who shall first sue for the same, * to be recovered as hereinafter directed ; and every person of- | fending in any of the cases aforesaid from and after judgment ; obtained against him, in any action or information grounded on this acU shall for ever after be disabled to vote in any election of any member or members to serve in parliament, and also shall be for ever disabled to hold, exercise, or enjoy any office or franchise to which he or they then shall, or at any time after- wards may be entitled, as member of any city, borough or town corporate, as if such person was naturally dead. !1 s. 24. And be it further enacted, that from and after the k passing this act, all estates, grants, and conveyances whatso- \i ever, made to any person or persons in any fraudulent or collu- |' sive manner, on purpose or with intent to qualify him or them |' to give his or their vote or votes at any election or elections 1 , of knights of the shire, or citizens for counties of cities, or i burgesses for counties of towns, or any other boroughs, sub- i ject to conditions or agreements, to defeat or determine such i estates, grants, and conveyances, shall be deemed and taken , 1»ART II.] 35 Geo. III. c. 29. m against the person or persons who granted such estate as free and absolute, and be holden and enjoyed by all and every person and persons to whom such conveyance or grant shall be made as aforesaid, freed and absolutely acquitted, exonerated, and discharged, of and from all manner of trusts, conditions, clauses of re-entry, powers of revocation, provisoes of re- demption, or other defeasances whatsoever, between or with the said parties, or any other person or persons in trust for them ; and that all bonds, covenants, collateral or other seen- all covenants 'tor rities, contracts or agreements between or with the said par- ties, or any other person or persons in trust for them, or any of them, for the redeeming, revoking, or defeating such estate or estates, or for the restoring or re-conveying thereof, or any part thereof, to any person or persons in trust for them, or any of them, shall be null and void to all intents and pur- poses whatsoever; and that every person who shall make and Persons \^iio execute such conveyance or conveyances as aforesaid, or being pare"^cli^'ro!r^ privy to such purpose, shall devise or prepare the same, and veyances, or w ho every person who by colour thereof shall give any vote at any snch, election for any such member to serve in parliament, shall, for every such grant and conveyance so made, or vote so created or given, forfeit the sum of one hundred pounds sterling, to any person who shall sue for the same, to be recovered in manner hereinafter directed. s. 25. And be it further enacted, That no person sliall be None to %ote admitted to vote at any election of a member or members to serve in parliament, who is under the age of twenty-one years, tue of a rent- iior by virtue of any freehold arising from a rent-charge, nn~ /ess such rent -charge he of the full clear yearly value of twenty pounds at the leasts nor unless he shall have been in possession thereof for one whole year, and shall have been entitled to re- ceive one whole year's rent and profit thereof, before the test of the writ for holding such election, unless said freehold shall have come to him by descent, devise, marriage, or marriage- settlement, within the said year. s. 26. And be it enacted. That no person shall be admitted Persons not tffice. Refusing to give or detaining R. books, penalty 10/. and one month’s impri- sonment for every day. 100/. nenalty on ohurcnwarden refusing to com- ply with requi- sitions of act. Persons con- victed of perjury to suffer penal- iest any doubts should arise at the election with respect to voters, and in order the better to prevent perjury and occa- sional votes, be it hereby declared, by the authority afore- said, to be the true intent and meaning of this act. That no person whatsoever shall be suffered to vote at any such elec- tion in right of being an inhabitant, without having been first registered as aforesaid twelve calendar months at the least before the test of the writ for holding such election, but that the returning officer or his deputy, is hereby required to refuse such vote, any thing in this or any other act of parlia- ment to the contrary notwithstanding. s. 69. And whereas churchwardens of such parishes to whom such books shall be so delivered, may refuse to deliver over one of such books so delivered to them, to the clerks of the peace, after the holding of elections, and may refuse to deliver over the other of said books to their successors in the office of churchwardens, after the expiration of the time of their holding said office ; be it therefore enacted, by the au- thority aforesaid, That such person or persons in the office of churchwarden as shall receive such regsitry-book from the clerk of the peace upon the holding of any election, shall return and deliver over the same to the said clerk of the peace or his order, immediately upon being thereunto i*equired ; and that such person or persons in the office of churchwar- den, who shall have the other of the said books in his or their possession at the time of the expiration of his said office, shall deliver over the same to the person or persons who shall succeed him in the office, immediately upon being thereunto required by such successor or successors, or within ten days after the expiration of his said office of churchwarden, if not thereunto sooner required. s. 70. And be it further enacted by the authority aforesaid, That if any person shall, from and after the passing of this act, unlawfully detain, or refuse to deliver up said books, or either of them, in manner and at the same times herein di- rected, such person so offending shall forfeit the sum of ten pounds sterling for every day he shall so unlawfully detain the same, to be recovered by civil bill, before the judges of assize in any county where such offence shall be committed, suffer one month’s imprisonment for every day he shall so unlawfully detain the same. s. 71. And be it further enacted by the authority aforesaid, That the churchwardens in such parishes as aforesaid, from and after the passing of this act, in case of any neglect or re- fusal to comply with the several matters and things required of them by said first-mentioned act, shall forfeit. For every such offence, the sum of one hundred pounds sterling, to be recovered by any person who shall sue for the same in any of his majesty’s courts of record. * s. 72. And be it further enacted by the authority aforesaid. That all and every person and persons Avho shall falsely and wilfully swear or affirm, contrary to the true intent and mean- part II.] 35 Geo. III. c. 29. 117 ing of this act, being thereof indicted and convicted, shall suffer such pains, penalties, and disabilities, as persons con- victed of wilful and corrupt perjury ought by law to suffer, and that any person claiming to be a voter as an inhabitant of such borough, who shall be guilty of perjury in registering his inhabitancy and right of voting, or pretended right in such borough, without being really and hona fide a resident inhabitant thereof, according to the form of the oath afore- said prescribed, and shall be thereof convicted and condemned, and suffer the pains and penalties aforesaid, shall for ever be incapable of giving any vote at any election of a member to serve in parliament. s. 73. And be it further enacted, that any mayor, bailiff, town-clerk, or other officer of any corporation, having a right to return members to parliament, shall, upon the demand of any candidate for such corporation, on payment of two shil- lings and sixpence, permit such candidate, agent, or freeman, between the hours of twelve at noon and three in the after- noon, at any time before, and within one month after any such election of members to serve in parliament, to inspect the books and papers, wherein the admission of freemen shall be entered, and to have copies or minutes of the admission of so and to take many freemen as such candidate, agent, or freeman shall think <^opies ; fee Ss 6d. fit, upon payment to such mayor, or other officer, of two shil- lings and sixpence for every such admission, and such books and papers shall if demanded by such candidate or his agent, or freeman, be produced by such mayor or other officer ; and if if after fee paid, such mayor or other officer shall refuse or deny such candidate, ^Jf^s^inspection, agent, or freeman, the inspection of such books and papers, penalty 50/. at any election, if demanded, and paid for in the manner hereinbefore set forth, such mayor or other officer shall, for every such offence, forfeit the sum of fifty pounds to him, her, or them, who shall inform and sue for the same, to be reco- vered in manner hereinafter mentioned. s, 74. And be it further enacted, That if any person, she- riff, or other returning officer, his or their deputy or deputies sweari’ng*^ falsely, who shall take any oath or affirmation in pursuance of this guilty of perjury; act, or shall wilfully swear or affirm falsely therein, he shall be guilty of wilful and corrupt perjury, or false affirming, and shall and may be prosecuted for the same, by indictment or otherwise, as perjury, in a court of record, may now be pro- secuted, and being thereof convicted, he shall incur and suf- on conviction fer the pains and penalties which by law are or may be inflicted Jjf in cases of wilful and corrupt perjury. s. 75. And be it further enacted. That all pecuniary penal- Pecuniary penal- ties inflicted by this act, shall be recovered, with full costs, by action of debt, bill, plaint or information, in any of his ma- * jesty’s courts of record at Dublin; and that it shall be suffi- cient for the plaintiff in any such action of debt or information, to set forth in the declaration, that the defendant is indebted to him in the sum of five hundred pounds, and to allege the particular offence for which such action or information is ties of persons ^ convicted of wil- ful and corrupt perjury. Perjurer incapa- citated to vote at any election. Officers of corpo- rations to admit candidate, &c. at times herein to inspect the books. lie 35 Geq. til. Ci 29. [appendix 1. what sufficient for plaintiff to set forth : what sufficient on an indictment for any offence ; plaintiff, &c. not obliged to prove the writ of sum. raons, &c. Treble costs in nonsuit. Any person, ex. cept returning officer, C. of peace or trea- surer, offending against this act, and informing within twelve months against any other person guilty of like offence, exempt- ed from penalties. Action, &c, to be commenced within one year after offence. Not to prev'ent voting at an elec- tion, the test for holding which shall bear date before the 1st January y 1797. Persons entitled to vote at sucli before this act, may vote subject to the regulations of former acts. Addition to oath by former acts, to be taken by freeholder not being an annui- tant. brought, and that the defendant hath therein acted contrary to this act, without mentioning the writ of summons to par- liament, or the return thereof ; and that it shall be sufficient, in any indictment for any offence contrary to this act, to al- lege the particular offence, and that the defendant is guilty, without mentioning the writ of summons to parliament, or the return thereof; and that upon trial of any issue in any such action, information, or indictment, the plaintiff, informer, Or prosecutor, shall not be obliged to prove the writ of sum- mons to parliament, or the return thereof, or any warrant to the sheriff, grounded upon such writ of summons. s. 76. And be it further enacted. That in case the plaintiff or informer, in any action or information given by this act, shall discontinue or be nonsuited, or judgment shall be given against him, the defendant shall recover treble costs. s, 77. And be it further enacted by the authority aforesaid. That if any person, except a returning officer, clerk of the peace or treasurer, offending against this act, shall, within the space of twelve calendar months next after such offence com- mitted, discover any other person or persons guilty of a like offence, so that such person or persons be thereupon convicted, ! such person so discovering, shall ]je indemnified or exempted and saved harmless from all penalties and disabilities which he - ; shall have incurred by any such offence. i s. 78. Provided always, that every action, information, in- dictment or prosecution, grounded , upon this act, be com- menced within one year after the offence shall be committed. s. 79. Provided always, and be it enacted. That nothing in | this act contained shall extend or be construed to extend to | prevent any person from voting at any election for a member or members to serve in parliament, the test for holding which ( shall bear date before the first day of January, one thousand i seven hundred and ninety-seven ; but every person who might, I by the laws in force before the passing of this act, vote at any ' such election, shall and may vote thereat, as fully and freely, v to all intents and purposes, as if this act had not been made, ; subject to all and singular the clauses, conditions, oaths and regulations, prescribed in the said laws ; and every returning officer and deputy shall have the like powers with respect to any such person polling, as if this act had not been made. s. 80. Provided always, that at every such election, the words following shall be added to the oath required by the laws in force to be taken before the passing of this act, by any registered freeholder not being an annuitant, before he shall be admitted to vote, either “ That the said freehold is of the yearly value of twenty pounds above all charges payable out of the same, [or that] I have been in the actual occupation of the said freehold for six successive anonths at the least, between j the day on which I registered the same, and the day jl of , [naming the day of the test of the writ for holding |> the election,] by residing thereon, or by tilling or gazing to j the amount of forty shillings yearly value thereof,” or the j PART II.] 36 Geo. III. c. 25. 119 words which are allowed to be substituted in their place by the provisions of this act, in the oath herein prescribed, as the case may be, if any elector shall desire that one or other of the said form of words shall be added. s. 31 . And be it further enacted. That no person hereafter Persons under shall be capable of being elected a member to serve in this or twenty-one years any future parliament, who is not of the age of one-and- bleTo^Tellctld. twenty years; and if any such minor, hereafter chosen, shall presume to sit or vote in parliament, he shall incur penalties and forfeitures as if he had presumed to sit and vote in parlia- ment without being chosen or returned. No. 76.-35 Geo. III. Ie. c. 45. An Act that the Acceptance of the Office of a Lord Justice, or Chief Governor of this Kingdom hy the Speaker of the House of Commons, shall not vacate his Seat in Par- liament. A.D. 1795. “ Whereas the speaker of the house of commons cannot The speaker can- vacate his seat without much inconvenience to the business of vacate his parliament : and whereas it may be his majesty’s pleasure, conve'Seuce^to" from time to time, to appoint the speaker of the house of com- parliament ; it mons to be one of the lords justices or chief governors of this king’s ^ngdom ; be it enacted by the king’s most excellent majesty, ?o1Sm on?of by and with the advice and consent of the lords spiritual and the lords jus. temporal, and commons in this present parliament assembled, andby the authority of the same. That if the said speaker of the speaker’s the house of commons shall be at any time hereafter appointed vacated to the office of a lord justice or chief governor of this king- p^i^tfeord dom, his seat in parliament shall not thereby become vacate, justice, any law, usage, or statute to the contrary notwithstanding.” No. 77.-36 Geo. III. Ir. c. 25. An Act for the better and more convenient Administration of Justice, and for the Recovery of small Debts in a summary Way, at the Sessions of the Peace of the several Counties at large within this Kingdom, except the County of Dublin, and for continuing and amending an Act, entitled. An Act for the better execution of the Law and Preservation of the Peace within Counties at large. A.D. 1796. s. 3. And be it enacted. That the assistant hamsters so to c i <• ... be appointed, and such as have been already appointed, shall fferisto! ' be severally and respectively paid, out of the consolidated fund, such salaries as the lord lieutenant, or other chief qo- vemor or governors of this kingdom, for the time being, shall, 120 36 Geo. III. c. 48. [appendix I. No member of the house of com- mons capable of holding the office, (a) By naturaliza- tion act 19th and 2Gth Geo. 3. all foreigners who should settle in this kingdom, and take the oaths thereby prescribed, were to be deemed natural subjects. Several persons of large property are desirous to settle here, &c. doubts whether such persons would be entitled to the benefit of said act. by warrant direct, not exceeding such yearly sum, as with the fees payable to such assistant barristers on civil bill decrees, renewals, and dismisses, as herein directed, as will amount to the clear net sum of four hundred pounds a year, to any of the said assistant barristers ; provided that no member of the i house of commons, in the present or any future parliament, shall, during the time of his being a member of the house of commons, be capable of holding the said office of such assistant barrister. No. 78 36 Geo. III. Ir. c. 48. An Act to explain and amend an Act, entitled. An Act for naturalizing such Foreign Merchants, Traders, Artificers, Artizans, Manufacturers, Workmen, Seamen, Farmers, and others, who shall settle in this Kingdom. A.D. 1796. “ Whereas by an act made in this kingdom, in the nine- ' teenth and twentieth years of his present majesty, entitled. An act for naturalizing such foreign merchants, traders, arti- ficers, artizans, mamfacturers, workmen, seamen, farmers, and others, as shall settle in this kingdom, it is enacted. That all foreign merchants, traders, artificers, artizans, manufacturers, workmen, seamen, farmers and others, who should transport him, her, or themselves, to settle in any part of this kingdom, shall, after his, her, or their arrival within this kingdom, and after his, her, or their taking the oath therein prescribed, (or affirmation if a Quaker,) before the chief magistrate of any ‘ city or town corporate, for the time being, shall be deemed, I adjudged, and reputed a liege, free, and natural subject, or ‘ subjects of this kingdom, in every respect, condition, and de- gree, to all intents, constructions and purposes, as if he, she, or they had been, or were born within this kingdom, any law < or statute to the contrary notwithstanding, whilst he, she, or they shall reside in this kingdom : and whereas several persons with large personal fortunes have transported themselves to i settle in this kingdom ; and several persons possessing large ' personal properties have been for some years last past, resident in this kingdom, and are desirous to settle therein, and to lay | out large sums of money in the purchase of lands in this kingdom, provided they shall be naturalized, and thereby ena- I- bled or entitled to make such purchases : and w^hereas some i doubts have arisen, whether such persons, not being of the description of merchants, manufacturers, tradesmen, seamen, or farmers, would be, under the words or spirit of the said re- j cited clause, entitled to the benefit of the said act : therefore («) See the *27 Geo. 3. Ir. c. 40, s. 16, a similar clause. part II.] 36 Geo. III. c. 55. 1*21 be it enacted and declared, That all and every foreign person All foreig-ners or persons of whatsoever description, who now is, or are re- take the sident in this kingdom, or shall hereafter transport him, her, prescribed'by or themselves, to settle in any part of this kingdom, after his, said act, &c. shall her, or their taking the oath (or affirmation if a Quaker,) turaf subjects' prescribed by the said recited act of the nineteenth and twen- and shall enjoy tieth years of his present majesty, before the chief magistrate lands, &c. 8cc. of any city or town corporate in this kingdom, for the time being, who is hereby authorized to administer such oath or affirmation unto such person or persons, and thereupon to cer- tify in writing, under his hand, his, her, or their doing there- of, unto his majesty’s high court of chancery, therein to re- main on record, shall be deemed, adjudged, and reputed liege, free, and natui’al subject or subjects of this kingdom, in every respect, condition and degree, to all intents, constructions and purposes, as if he, she, or they had been, or were born within this kingdom ; and such person and persons shall be entitled to take, hold, and enjoy any lands, tenements, hereditaments and premises in this kingdom, either by purchase, descent or otherwise, as a natural born subject of this kingdom could take, hold, and enjoy the same, any law or statute to the con- trary notwithstanding. s. 2. Provided always. That no person, of any description Foreigners shall whatsoever, shall be entitled to the benefit of this act, or of licenses, said recited act, who shall not previously have obtained a ^oduce'be^/e^^ license from the chief governor or chief governors for the time they take the being, in council, of his or her being a fit and proper person affirma- to be naturalized ; which license he or she shall produce to such magistrate before he shall administer, or be authorized to administer the said oath ; and the said license shall be filed with the magistrate’s certificate in the court of chancery, there to remain on record. s. 3. Provided always. That nothing herein contained, Not to be privy shall be construed to extend to qualify any such person to be councillors, nor a member of his majesty’s most honourable privy council, or parnamentl^&c^^ to sit or vote in either house of parliament, or to hold any office or place of trust under his majesty, his heirs or suc- cessors. No. 79.-36 Geo. III. Ir. c. 55. An Act for the Amendment of Puhlick Roads, for directing the Power of Grand Juries respecting Presentments, and for repealing several Laws heretofore made for those Pur^ poses. A.D. 1796. s. 95. And whereas doubts may arise, whether the grand Grand jury ccss jury cess imposed previous to the expiration of any lease, but shall be paid by not levied until after the expiration of such lease, is to be paid whSrievicd!^^”^ by the tenant whose lease is expired, or to remain a charge on although not oc- I 122 37 Geo. III. c. 30. [appendix I. cupying when cess was imposed. In places herein described, within cities, boroughs, &c. no more shall be demised than light- houses, &c. stand on. Persons inha- biting such light- houses, &c. shall not acquire a right of voting thereby. the lands, and to be paid by the actual occupier thereof, at the time of the same being levied ; be it further enacted, That every grand jury cess shall be paid by the person or persons occupying the land at the time such cess is levied thereout, although such person or persons did not occupy the same at the time such cess was imposed. No. 80 — 37 Geo. III. Ir. c. 30. An Act for better regulating the Collection of His Majesty's Revenue, and for "preventing Frauds therein, and for Re-^ pealing an Act, [36 Geo. Ill, Ir, c, 35, ^c,] A.D. 1797. [This act, ss, 181, &c. contains clauses similar to those of the 33 Geo, III, Ir, c, 37, ante p. 88, (a), enabling the com- missioners of the revenue to purchase ground for light- houses, &c.] s. 182. Provided always. That if such land be any part of any fair-green, or market-place, or within the precincts of any city, town corporate, borough, or manor, having a right to re- turn citizens or burgesses to parliament, or of any quay, pier, or dock, or any part of any town, or village actually built upon, any part of a demesne, or of any lawn, garden, orchard, yard, planted walk, or avenue to a house, or of any park or paddock for deer, not more of such land shall be demised than is absolutely necessary for such light-houses or watch-houses to stand or be erected on. s. 183. Provided always, That no officer or officers, or other person or persons residing in or inhabiting such light- house or light-houses, watch-house or watch-houses, shall have, acquire, or exercise any right of voting for members to serve in parliament, for or by reason of such inhabiting or resi- dence. (a) The 6 Geo. 4. c. 105, for repealing the several laws relating to the customs, does not mention these acts of the 35 and 37 Geo. 3. The 6 Geo. 4. c. 106, for the management of the customs (in operation from 1st January y 1826) contains clauses {ss. 35, &c.) vesting all lands &c. already taken in the names of any persons for the use and service of his majes- ty’s customs, in the secretaries of the customs for the time being, with clauses for vesting in them, in like manner, lands to be purchased as thereby directed, according to the respective nature and quality of the said lands, &c. and the several estates and interests of and in them, in trust for such service, and with power to sell, demise, &c. This act does not contain clauses against the right of voting, &c. PART 11.] 37 Geo. III. c. 47. 123 No 81 37 Geo. III. Ir. c. 47. An Act for the further Regulation of the Election of Members to serve in Parliament, {a) A.D. 1797. “ Whereas an act passed in the thirty-fifth year of his Recital 35 G. a present majesty’s reign, entitled, An act for regulating the election of members to serve in parliament, and for repealing the several acts therein mentioned ; and it is necessary to explain and amend the same ; be it enacted, &c. That when any person the following- seized of a freehold, not consisting of a rent-charge, shall taken by or desire to register it, as being of the value of fifty pounds, or 20Z. freeholder, twenty pounds, the following oath may be taken by him, in- *^®t a rent- stead of the oath prescribed by the said act, that is to say : ^ arger. I of in the county of or of the town or city of , (as the case may be,) do Oath, swear, or if a quaker, do affirm, that I am a freeholder of and that I have a freehold therein arising from 3 will. 4 . c. 88 .’ a house or houses, and land, or both, or other hereditaments, Sched. (C.) 4. (as the case may be) of the clear yearly value of twenty pounds, or fifty pounds, (as the case may be) above all charges payable out of the same, lying and being at (naming the parish or parishes, or the town-land or town- lands, and barony or half-baronies, wherein it is situated, which words, town-land or town-lands, barony or baronies of need not be named, if the freehold be in the county of a town or city) in this county, and that the said freehold does not arise from a rent-charge, nor have I procured it fraudulently, nor has it been granted fraudulently to me, or in exchange for a freehold in any other county, any thing in the said act con- tained to the contrary notwithstanding ; and that no freehold of fifty pounds, or twenty pounds a year, registered since the passing of the said act, shall be deemed to be unduly or not properly registered, on account of the omission in the oath or affirmation taken or made, in order to register the same, of 50?. or 20?. free- all or any of the following words, that is to say, and that I regis^Tr am in the actual occupation thereof, by residing thereon, or by ed on account of tilling or grazing, to the amount at least of forty shillings wwds^^herein yearly value thereof, and that the said freehold is not set, or recited, agreed to be set, nor do I intend to set the same to the per- son or persons from whom I hold it, or to the heirs or assigns of such person or persons, or to any one in trust for him, her, or them, and that I have not agreed to set it for the the term for which I hold it. s. 2. And be it enacted, that no person having a freehold 50 ?. or 20?, free- of the yearly value of fifty pounds, or twenty pounds, who shall have set, or agreed to set the same to the person or per- agreed^ to Lt (a) So much of this act as relates to elections for members for counties of cities, and counties of towns, is expressly repealed by the 4 Geo. 4. 37 Geo. III. c. 47. [appendix I. 124 such freeholds, as herein, shall not vote unless they register un- der this or re- cited act, one year before election. See 2, 3 Will 4. c.88,5. 29. What shall be sworn by 20/. or 50/. freeholders before they poll, if required. Bztt see now 2, 3 Will 4. c. 88, s. 54. Freeholders by descent, devise or marriage, shall register before test of writ; one year if a rent-charge, six months if not a rent-charge. Words to be in sorted in a free- holder’s oath un- der 20/. at time of voting. 500/. penalty on clerk of peace for every poll-book which he neglects to deliver to sheriff on oath, previous to the poll ; one moiety to informer, the other to grand jury. sons from whom he holds it, or to the heirs or assigns of such person or persons, or to any one in trust for him, her or them, or who has set, or agreed to set the same, the whole of the same, or more thereof than shall leave a sufficiency to consti- tute such freehold for the term for which he holds it, shall be permitted to vote at any election by virtue of the said free- hold, unless he shall have registered the same according to the provisions of the said recited act, or this present act, one whole year at the least previous to the test of the writ for holding such election. s. 3. And be it further enacted. That every person who shall offer to vote by virtue of a freehold of the value of twenty pounds or fifty pounds, shall before he shall be admitt- ed to poll at any election, declare on oath, if required, whe- ther he has so set, or agreed to set such his freehold, and if he shall declare he hath so set, or agreed to set the whole of the same, or more thereof than shall leave a sufficiency so set for such term to constitute such freehold, he shall also declare in like manner the time when such agreement was made ; and such freeholder shall not be permitted to vote at such election by virtue of such freehold, unless it shall appear that such agreement was made and entered into one whole year at the least, previous to the test of the writ for holding such election. s. 4. And be it further enacted. That no person shall be admitted to vote by virtue of a freehold which shall have come to him by descent, devise, marriage or marriage settlement, unless he shall have duly registered the same at some session of the peace, or adjournment thereof, held prior to the test of the writ, in the county, town or city, where such election shall be held, in manner and form by the said recited act, or this present act required ; if it consists of a rent-charge, one year previous to the test of the writ for holding the election at which he shall offer to vote ; or six months previous to such test, if it does not consist of a rent-charge. s. 5. And be it further enacted. That in the oath to be taken at any election, by any freeholder who shall offer to vote by virtue of a freehold, registered under the yearly value of twenty pounds, the words ‘ by residing thereon,’ or the words ‘ by tilling or grazing to the amount of forty shil- lings yearly value thereof,’ shall respectively be inserted, according as they shall have been inserted in the oath taken, or affirmation made, for the registering thereof. s. 6 And be it further enacted. That if any clerk of the peace for any county, county of a city, or county of a town, shall omit or neglect to deliver in court to the sheriff, pre- vious to the commencement of the poll, the books of registry, which, by the said act, he is required to attend with and so deliver, or shall omit to make oath respecting the same, in manner required by the said act, such clerk of the peace shall forfeit, for every book so omitted to be delivered, the sum of five hundred pounds, half of which shall be to the use of such person as shall sue for it, and the other half to PART II.] 37 Geo. III. c. 47. 126 such use as the grand jury thereof shall at any subsequent assizes direct. s. 7. And be it enacted, That there shall be allowed to every 20^. penalty for acting clerk of the peace, for providing and preparing an affi- {sl^Jor ^ovldiJ?^ davit and certificate of registry if required so to do, the sum an affidavit and of one shilling and no more ; and that any clerk of the peace, attorney, or other person whatever, who shall demand, re- ceive, or take, on any pretence whatsoever, for providing and preparing any such affidavit and certificate, more than the above sum of one shilling, shall, for every such offence, forfeit the sum of twenty pounds, to any person who shall sue for the same, to be sued for and recovered in like manner as any of the penalties in said recited act is suable for and recoverable. s. 8. And be it enacted, That if any person seized of a Freeholders on freehold, whether consisting of a rent-charge or not, shall army or^mmtia^ be on actual service, either in the army or militia, out of the may register county, town, or city where such freehold lies, and shall take where they are and subscribe the oath or affirmation required, by said recited ma?ner\erTin act, or this present act, to be by him taken for registering directed, such freehold, at any sessions of the peace, or adjournment thereof, held in the county, town, or city in which he shall be quartered or stationed, stating therein the regiment, bat- talion, troop, or company [as the case may be] to which he belongs ; such affidavit shall be subscribed by two of the jus- tices of the peace presiding thereat, and countersigned by the clerk of the peace for such county, town, or city, who shall certify that the corps in which he serves is quartered or sta- tioned therein ; and such oath or affirmation so subscribed and countersigned, may be produced at any session of the peace, or adjournment thereof, or at any adjournment of an adjournment, held in the county, town, or city in which such freehold lies ; and when read aloud there in open court, shall be signed by two of the justices of the peace presiding there, and shall be delivered to the acting clerk of the peace, to be filed and kept amongst the records of the county ; and every such oath or affirmation so taken, shall be of equal effect for registering such freehold, as if it had been made at the sessions of the peace for the county in which such free- Such affidavits to hold is situated, provided such affidavit shall have been so fe^ngth^onhne as filed the same length of time previous to the test of the writ, by last or present as by the last act, or this present act, such freehold is re- ^revious^to test quired to be registered, in order to entitle such person to vote, of writ ^ ^ s. 9. And to prevent doubts about the validity of sofsions What shall be for registering freeholds, be it declared. That any town for ^ market the holding of a market, in which his majesty’s letters patent have been granted, or shall hereafter be granted, or wherein markets have been held by prescription, shall be deemed a market-town, and is a market town within the meaning of the said recited act, whether markets are or shall be held therein or not. s. 10. And be it enacted, That all sessions, or adjourn- All sessions and I 3 126 37 Geo. III. c. 47. [appendix 1. adjournments deemed valid, al- thoug-h no sheriif attended ; Registry not to be impeached for ir- regularity in ses- sions. Where a deputy cannot determine Avhether a person has aright to vote or not, he may send to the she- riff, who shall re- ceive or reject such vote. Returning offi- cers and deputies may administer all oaths to per- sons who have registered their freeholds, where required. Where there are two sheriffs, and an equal number of votes, the se- nior in appoint- ment shall have the casting voice, if present. Registries notim- proper onjac- count of being unstamped, or not read aloud in court. Words to be omitted where a rent-charge is not granted by deed. ments thereof, or adjournments of adjournments, shall be deemed good and valid within the meaning of the said recited act, and this present act, although no sheriff or sub-sheriff shall have attended, or shall attend at such sessions or such adjournments. s. 11. And be it further enacted. That the registry of any freehold shall not be impeached on account of any irre- gularity in the holding or adjourning of any sessions from whence the sessions at which such freehold shall have been registered shall have been adjourned, either directly or by any adjournment of adjournments, provided such latter session shall have been duly and regularly held in all other respects, s. 12, And be it further enacted. That in case a question respecting the right of any person claiming to vote shall occur, which a deputy shall not think himself competent to determine, such deputy may send to the sheriff or sheriffs who shall preside at such election, stating his not thinking himself competent to determine such person’s right of voting, in every which case such sheriff or sheriffs shall take such per- son’s poll, and receive or reject his vote, according as he shall be qualified or not to vote at such election, either in the booth, building, or other place, where he or they shall take the poll, or in the booth, building, or other place appropriated to such deputy, as he or they shall judge most expedient, any thing in the said act to the contrary notwithstanding. s. 13. And be it further enacted. That every returning officer and officers and every deputy, shall have full power, and he and they are hereby authorized to administer all oaths and affirmations allowed or required by the said recited act, or this present act, to be administered at any election for a member or members to serve in parliament, but not to any person until it shall appear that he has duly registered his freehold where such freehold is required to be registered, in order to entitle him to vote. s. 14. And whereas it is enacted by the said act. That in case of an equality of voices for any two or more candidates at any election, the returning officer shall be obliged to give a casting voice ; Be it enacted. That in counties of towns or cities where two sheriffs preside as returning officers, the sheriff whose name stands first in the appointment to the office shall, if he be present, give such casting voice. s. 15. And be it enacted and declared. That no person shall be deemed unduly or not properly registered, on account of the affidavit for such registry not being on stamped paper, or on account of such affidavit not having been read aloud in open court. s. 16. And be it enacted. That in the oath required to be taken by a rent-charger, either for the purpose of registering his freehold, or when he shall offer to poll, the words, ‘ granted by deed bearing date the day of , in the year ,’ may be omitted in case such rent-charge shall not have been PART n.] 37 Geo. III. c. 47. 127 granted by deed, and the particulars of the title of such per- son to such rent-charge shall be inserted in the room thereof. s. 17. And whereas in several counties of cities and coun- ByS5G.3. c. 29, ties of towns in this kingdom, the denominations of town- baronies7&c^”are lands, or baronies, are not in use ; and whereas by the act of directed to be the 35th of his present majesty, [chap. 29. sect. 31.] the“^“®^* town-land or town-lands, and barony or half-barony, or baro- nies or half-baronies wherein the freehold is situated, are directed to be named in the oath for registering the same ; Be it declared and enacted. That the registry of any free- Registry of a hold situated in any county of a city, or county of a town in co^nt^^^of^a^cit which the denominations of town-lands or baronies are not in or of a town, use, shall be to all intents good and effectual, although the affi- davit of registry does not name any town-land or town-lands, ?a^ds^^r baronies barony or half-barony, baronies or half-baronies, in which such are not in use, freehold is situated ; and that in the oath to be tal^en by such |ithou^h?own- freeholder before the returning officer, or his deputy, at the lands, &c. are ime of election, it shall not be necessary either to name the iiot named; town-land, or barony or half-barony, provided the freehold out of which such freeholder claims to vote, shall be situated in any county of a city, or county of a town, in which the denomination of town-lands or baronies are not in use. s. 18. And be it further enacted. That if any candidate or ^ath to be taken elector shall desire it, every person offering to vote at any if*' election, shall, before he be admitted to vote, take the oath quired by a can- following:— didate or elector. ‘ I A. jB. do swear [or if a Quaker, do affirm,] that I am, to the best of my belief, of the age of twenty-one years.’ Which oath or affirmation every returning officer or officers, or his or their deputy or deputies, are hereby required and empowered to administer, either by itself, or in addition to any other oath or affirmation which may be tendered to such elector. s. 19. And be it enacted and declared. That any Papist or Papists who have person professing the Roman Catholic religion, who shall scribed*the*oath3 have taken and subscribed, or who shall hereafter take and and declarations subscribe ; at any time previous to the test of the writ for 1 IT II* 1*1 1 1 11 rY- 11 previous to test holding the election at which such person shall offer to poll, of writ, deemed the oaths and declarations contained in an act .passed in the o^ttiTan^d ^Sla thirteenth and fourteenth years of his present majesty’s reign, rations to entitle entitled. An Act to enable his majesty's subjects^ of whatever them to vote. persuasion, to testify their allegiance to him, and also an act passed in the thirty- third year of his present majesty’s reign, entitled. An Act for the relief of his majesty's Popish, or Roman Catholic subjects of Ireland, in some one of his ma- jesty’s four courts, in Dublin, or at the general sessions of the peace, or at any adjournment thereof, or at any adjournment of an adjournment thereof, to be holden for the county, city, or town, wherein such Papist, or person professing the Roman Catholic religion, doth inhabit and dwell, or before the going judge or judges of assize in the county wherein such Papist, or person professing the Roman Catholic reli- 128 38 Geo. III. c. 2. [appendix I. Such persons shall produce certificates to sheriffs. Election of per. sons under 21 years shall be void, and new writs issued. gion, doth inhabit and dwell, in open court, shall be deemed to have taken and subscribed such oaths and declarations within the meaning of said last-recited act, and this present act, in order to entitle him to vote at such election : Provided always, that nothing herein contained shall extend to entitle such person to vote, unless he shall produce to the sheriff, or other returning officer, a certificate of his having taken and subscribed said oaths and declaration, as by said act and this present act required. s. 20. And be it enacted. That every election or return of any person to serve in parliament, who shall be under the age of twenty-one years, shall be deemed null and void, and that if it shall be determined by any committee of the house of commons, who shall try any petition presented against any such election or return, that such person was under the age of twenty-one years on the day of such election, a new writ shall forthwith issue for the election of another person in his place. No. 82.-38 Geo. III. Ir. c. 2. An Act for the Amendment of the Law in Proceedings upon Information in Nature of quo warranto. A.D. 1798. s. 1. “ Whereas it would tend greatly to secure the free- Preamble, dom of election, and the quiet, tranquillity and good order of cities, boroughs, and towns corporate if a certain reasonable limitation of time were by law established, beyond which no member or officer of any city, borough, or town corporate, should be disturbed in the enjoyment or exercise of his office From the 1st day or franchise ; be it therefore enacted, &c.. That after the first of Easter term, day of Easter term, in the year 1798, it shall and may be lawful to^nformSfonsf ^or the defendant or defendants to any information, in the in the nature of nature of a quo warranto, for the exercise of any office or m^av^feTdhavinff ^^‘"^ochise, in any city, borough, or town corporate, whether undertaken or ^ exhibited with leave of the court, or by his majesty’s attorney- executed ofiice general, or other officer of the crown, on behalf of his ma- or franchise SIX ? ^ , . , i* ^ • j years before; to jesty, by Virtue or any royal prerogative, or otherwise, and be computed every of them, severally and respectively, to plead that he or mis^Sonor swear. actually taken upon themselves, or held, or ex- ing- ; edited the office or franchise, which is the subject of such information six years or more before the exhibiting of such information, such six years to be reckoned and computed from the day on which such defendant or defendants so pleading, shall have been actually admitted and sworn into such office such plea may be or franchise ; which plea shall or may be pleaded either singly, o"othervds^'^* together with and besides such plea as he or they might * have lawfully pleaded before the passing of this act, or such if issue be found several pleas as the court on motion shall allow ; and if upon PART II.] 38 Geo. III. c. 20. 129 the trial of such information, the issue joined upon such plea g^auliave^'^ud shall be found for the defendant or defendants, or any of merit and costs • them, he or they shall be entitled to judgment, and to such and the like costs, as he or they would by law have been entitled to, if a verdict and judgment had been given for him or them upon the merits of his or their title. s. 2. Provided always, and be it enacted. That in every Prosecutor may such case, the prosecutor of such information may reply to such plea any forfeiture, surrender, or avoidance, by the defendant, of such office or franchise happening within six years before the exhibition of such information, whereon the defendant may take issue, and shall be entitled to costs in manner afore- said. s. 3. And be it further enacted by the authority aforesaid. In what case mi , .n ' 2 . ^ 1 • r titles of persons 1 hat it any person or persons against whom any such intor- against whom mation as aforesaid, shall be exhibited, shall derive title under an election, nomination, swearing into office, or admission by notbe^affe’ctedby any person or persons, the title of such person or persons reason of defects against whom such information shall be exhibited, shall not be gons^electing^' defeated or affected by reason, or on account of any defect in &c. the title of such person or persons so electing, nominating, swearing into office, or admitting, in case such person or per- sons under whom title shall be derived as aforesaid, shall have been in exercise de facto, of the franchise or office, (in virtue of which he or they so elected, nominated, swore in, or ad- mitted) for the space of six years at the least previous to the time of filing such information, and his or their title shall not have been questioned by any legal proceeding, carried on with effect. No. 83. — 38 Geo. III. Ir. c. 20. (a) An Act to shorten the Time no\o required for giving Notice of the Royal Intention of His Majesty, His Heirs and Suc- cessors, that the Parliament shall meet and be holden for the Dispatch of Business, and more effectually to provide for the Meeting of Parliament, in Case of a Demise of the Crown, A.D. 1798. s. 1. Whereas it is expedient to shorten the time now Preamble, required, for giving notice of the royal intention of his ma- jesty, his heirs and successors, that the parliament shall meet and be holden for the dispatch of business ; be it therefore enacted, &c. That whenever his majesty, his heirs or successors, 14 days notice of shall be pleased, by and with the advice of the privy council of pa?iiSmentf by his majesty, his heirs or successors, to issue his or their royal proclamation of proclamation, giving notice of his or their royal intention that shall be suffident* parliament shall meet and be holden for the dispatch of busi- notwithstanding^' a) See the 1 Ge o. 2. Ir. c. 7. 4 j ante pp. 60, 61, and notes, ibid. 130 38 Geo. III. c. 20. [appendix I. any previous pro. rogation, &c. Recited clause 1 Geo. 2. relative to the meeting of parliament, on the demise of the king, hereby repealed. If the demise of his majesty hap- pens between the expiration or dissolution of a parliament, and the meeting of a new one, then the late parlia- ment shall con- vene, and conti- nue for six months, but sub- ject to proroga- tion or dissolu- tion by successor. If the demise of his majesty’s suc- cessor, happens within six months, and before anew par- liament meets, such parliament shall sit six months longer, but subject to prorogation or dissolution by successor. ness on any day being not less than fourteen days from the date of such proclamation, the same shall be a full and suffi- cient notice to all persons of such the royal intention of his majesty, his heirs and successors, and the parliament shall thereby stand prorogued to the day and place therein declared, notwithstanding any previous prorogation of the parliament to any longer day, and notwithstanding any former law’, usage, or practice to the contrary. s. 2. And whereas by an act made in the first year of his late majesty. King George the second, entitled. An act to continue the parliament for the time being, on the demise of his said majesty, or any of his heirs or successors, for the term of six months from the day of the said demise, and likewise to prevent the puhlick funds from expiring during said term, it is amongst other things enacted, that in case there is no parlia- ment in being, at the time of the demise of his said majesty, his heirs or successors, that hath met and sat, then the last preceding parliament shall and may convene and sit, and be a parliament, to continue as therein is mentioned, to all intents and purposes, as if the same parliament had never been dis- solved, but subject to be prorogued and dissolved as therein provided : and whereas great inconvenience may arise from the said provision ; be it enacted by the authority aforesaid, that so much of the said act as is herein before recited, shall be, and the same is hereby repealed. s. 3. And be it further enacted by the authority aforesaid. That in case of the demise of his majesty, his heirs or suc- cessors, subsequent to the dissolution or expiration of a par- liament, and before the day appointed by the writs of sum- mons for assembling a new parliament, then and in such case the last preceding parliament shall immediately convene and sit at Dublin, and be a parliament, to continue for and during the space of six months, and no longer, to all intents and pur- poses, as if the same parliament had not been dissolved or expired, but subject to be sooner prorogued or dissolved by the person to whom the crown shall come, remain, and be, according to the acts for limiting and settling the succession to the same. s. 4. And be it further enacted by the authority aforesaid. That in case of the demise of any such his majesty’s heir or successor, within the said period of six months, limited for the duration of the said last preceding parliament, and before the same shall have been dissolved by such his majesty’s heir or successor, or after the same shall have been so dissolved, and before a new parliament shall have met, in the manner herein after provided, then and in every such case, the said last pre- ceding parliament shall immediately convene and sit, and con- tinue to be a parliament to all intents and purposes, for and during six months longer, to be computed from and immedi- ately after such last mentioned demise ; but subject to be sooner prorogued or dissolved by the person who shall then succeed, as aforesaid, to the crown, and so as often as any such PART II.] 38 Geo. III. c. 36. 131 demise shall happen before a new parliament shall have met, in manner herein after provided. s 5. And be it further enacted by the authority aforesaid, if demise hap. 1 hat m case or the demise of his majesty, his heirs or sue- pens on day ap- cessors, on the day appointed by the writs of summons for new calling and assembling a new parliament, or at any time after such day so appointed, and before such new parliament shall Parliament shall have met and sat, such new parliament shall immediately after such demise, convene and sit at Dublin, and be a parlia- ment to all intents and purposes, to continue for and during the term of six months, and no longer, but subject to be sooner prorogued or dissolved as aforesaid.” No. 84.-38 Geo. III. Ir. c. 36. An Act for amending an Act passed in the Thirty-third Year of His MajesUfs Reign, entitled. An Act for securing the Freedom and Independence of the House of Commons, by excluding therefrom Persons holding any Offices under the Crown, to be hereafter created, or holding certain Offices therein enumerated, or Pensions for Terms of Years, or during His Majesty's Pleasure, A.D. 1798. « Whereas by an act passed in the thirty-third year of his majesty’s reign, entitled. An act for securing the freedom and independence of the house of commons, by excluding therefrom persons holding any offices under the crown to be hereafter created, or holding certain offices therein enumerated, or pen- sions for terms of years, or during his majesty's pleasure, it is enacted, That if any person being chosen a member of the house of commons, shall, after the thirty-first day of Decem- ber, one thousand seven hundred and ninety-three, accept any office of profit from the crown, during such term as he shall continue a member, his seat shall thereupon become vacant, and a writ shall issue for a new election : and whereas to obtain the object of the said act, it is necessary that the seats of members should be vacated by accepting offices from the chief governor or chief governors of this kingdom, in the same manner as if the same were accepted immediately and directly from the crown; be it therefore enacted, &c. That if any person being chosen a member of the house of commons, shall, from and after the passing of this act, accept any office of profit trom, or by the nomination or appointment, or by any other appointment, subject to the approbation of the lord lieutenant, lord deputy, lord justice or lord justices, or other chief go- vernor, or governors of this kingdom, his seat shall thereupon become vacant, and a writ shall issue for a new election ; pro- vided nevertheless, that such person shall be capable of bein^ apin elected, to be a member of the house of commons, for be place for which he had been a member, or any other place sending members to the house of commons. By 83 Geo. 3. any member accept- ing- a place of profit under the crown shall vacate his seat. Members who accept offices of profit, subject to approbation of lord lieutenant, &c. shall vacate their seats ; but such persons may be re-elected. 132 40 Geo. III. c. 29. [appendix I. No. 85.-38 Geo. III. Ir. c. 61 (a). An Act for better enforcing the Execution of the Act made for the Trial of controverted Elections of Members to serve m ■Pnrliameni by disqualifying certain Persons who have en- ^d::^Zfto lstruct thfau! Execution thereof, fro^ vo^g at any Election hereafter* Gilbert Roy croft, Richard Tyler, sen. Richard Tyler, jun. and Edward Jones, acted contuma- ciously ; said persons are hereby for ever disqualified from voting at any election ; 500Z. penalty on returning officer for accepting a vote from any of them, and vote void. « Whereas Gilbert Royeroft of Deansfort, cormty of Ros- common, Richard Tyler, senior, -R'" g'®;’ Edward Jones, all of Roscommon, did as far as lay “ oower endeavour to obstruct the beneficial effect of the laws For securW the freedom of elections and the rights of electors S merbers to serve in parliament, by contumaciously wi h- FtaS every process to compel them to give evidence be- W the^ select cLmittee of the house of commons appointed to trv the merits of the late election for the countyof Boscom- mol be it therefore enacted, &c. That the said Gilbert Roy- prnft Richard Tyler, senior, Richard Tyler, ’ J Tnrtcv shall be for such their conduct, disqualified, and S ™ for .v.r .* anv^election foi- any member or members to serve in parlia- any election ^ ^ -f iff or other returning SJ, JfcSSCp. .t ly .«« •>>« »' ..f the said persons, or permit his poll to be entered on i tfch vote and entry shall be void, and such Lm of five hundred pounds, to be recovered by aetiou, bill, X"nt or information: in any of his majesty’s courts of record Fn this kingdom, to the use of any person who shall sue for tL same, in which no essoign or wager at law, nor more than one imparlance shall be allowed.” No. 86.— 40 Geo. III. Ir- c. 29. An Act to regulate the Mode by which the Lords f P^rmaland Temvoraland the Commons to serve in the United King- domln the Part of Ireland, shaU be summoned and returned to the said Parliament. rTbis act which is generally called the “representation 1 , 7 ”- " ““ III. Ir. c. 38, 39, 40 Geo. IIL G. B. c. 67. J , , c . .a. 23 24 Geo 3 Ir. o. 59, disqualifying PAifip Lord Strangfm from sftliS^ in thi fouse of Lords, on account of corruption. PAllT II.] 40 Geo. III. c. 38. 133 No. 87 40 Geo. III. Ir. c. 34. An Act for granting Allowances to Bodies Corporate and Individuals, in respect to those Cities, Towns, and Bo- roughs, which shall cease to send any Member to Parlia- ment after the Union, and to make Compensation to those Persons whose Offices may thereby he discontinued or dimi- nished in Value, August, 1800. [The preamble states that it was “just and equitable” to make such allowances ; the 8th section settled the allowance to be awarded by the commissioners to any body corporate, or individual or individuals in respect of each city, corporation, or borough, ceasing to return any member, at <£15,000 in the whole, and no more ; and the 12th section enacted that £1,400,000 should be granted to his majesty for the pur- poses of the act.] No. 88.— 40 Geo. III. Ir. c. 38 (a). An Act for the Union of Great Britain and Ireland. Is^ August, 1800.(6) s. 1. “ Whereas in pursuance of his majesty’s most gracious The parlianoents recommendation to the tw’o houses of parliament in Great Bri- and^/Slw5 have tain and Ireland respectively, to consider of such measures as resolved to con. might best tend to strengthen and consolidate the connexion be- tween the two kingdoms, the two houses of the parliament of two kingdoms. Great Britain, and the two houses of the parliament of Ireland. have severally agreed and resolved, that in order to promote and secure the essential interests of Great Britain and Ire- land, and to consolidate the strength, power, and resources of the British empire, it will be advisable to concur in such measures as may best tend to unite the two kingdoms of Great Britain and Ireland, into one kingdom, in such maimer, and on such terms and conditions, as may be established by the acts of the respective parliaments of Great Britain and Ireland, And whereas in furtherance of the said resolution, both Said parliaments houses of the said two parliaments respectively have likewise have agreed upon agreed upon certain articles for effectuating and establishing articles.^ the said purposes in the tenor following : ARTICLE FIRST. That it be the first article of the union of the kingdoms of Great Britain {a) The 39, 40 Geo. 3. G. B. c. 67, is in the same words. (b) All the remaining acts of this session bear date (“ royal assent given,”) the same day. m 134 40 Geo. III. c. 38. [appendix I. and Ireland to be united for ever from 1st Jan. 1801. Succession to the crown to conti- nue as at present. One parliament. 4 spiritual and 28 temporal lords to sit for Ireland^ and 100 com- moners. The representa- tion act 40 Geo. 3. Ir. c. 29, shall be considered as part of the union. Rotation and election of lords spiritual and temporal. Great Britain and Ireland that the said kingdoms of Great Britain and Ireland, shall, upon the first day of January, which shall be in the year of our Lord one thousand eight hun- dred and one, and for ever, be united into one kingdom, by the name of “ The United Kingdom of Great Britain and Ireland,” and that the royal stile and titles appertaining to the imperial crown of the said united kingdom and its dependen- cies, and also the ensigns, armorial flags and banners thereof, shall be such as his majesty by his royal proclamation under the great seal of the united kingdom shall be pleased to appoint. ARTICLE SECOND. That it be the second article of union, that the succession to the imperial crown of the said united kingdom, and of the dominions thereunto belonging, shall continue limited and settled in the same manner as the succession to the imperial crown of the said kingdoms of Great Britain and Ireland now stands limited and settled, according to the existing laws, and to the terms of union between England and Scotland, ARTICLE THIRD. That it be the third article of union, that the said united kingdom be represented in one and the same parliament, to be stiled “ The parliament of the united kingdom of Great Britain and Ir eland J ARTICLE FOURTH. That it be the fourth article of union that four lords spi- ritual of Ireland, by rotation of sessions, and twenty-eight lords temporal of Ireland, elected for life by the peers of > Ireland, shall be the number to sit and vote on the part of j Ireland in the house of lords of the parliament of the united ( kingdom, and one hundred commoners, (two for each county ■ of Ireland, two for the city of Dublin, two for the city of v Cork, one for the university of Trinity College, and one for ■ each of the 31 most considerable cities, towns, and boroughs) be the number to sit and vote on the part of Ireland in the house of commons of the parliament of the united kingdom. That such act as shall be passed in the parliament of /rc- land previous to the union, “ to regulate the mode by which the lords spiritual and temporal, and the commons to serve in the parliament of the united kingdom on the part of Ireland, shall be summoned and returned to the said parliament,” shall be considered as forming part of the treaty of union, and shall be incorporated in the acts of the respective parlia- ments, by which the said union shall be ratified and j established. That all questions touching the rotation or election of lords spiritual or temporal of Ireland to sit in the parliament of the united kingdom, shall be decided by the house of lords thereof ; and whenever by reason of an equality of votes in I PART II.] 40 Geo III. c. 38. 135 the election of any such lords temporal, a complete election shall not be made according to the true intent of this article, the names of those peers for whom such equality of votes shall be so given, shall be written on pieces of paper of a similar form, and shall be put into a glass by the clerk of the parliaments, at the table of the house of lords, whilst the house is sitting, and the peer or peers, whose ni|me or names shall be first drawn out by the clerk of the parliaments, shall be deemed the peer or peers elected, as the case may be. That any person holding any peerage of Ireland now sub- Irish peers who sisting, or hereafter to be created, shall not thereby be dis- are not elected qualified frorn being elected to serve, if he shall so think fit, or ser^ r or from seiving or continuing to serve, if he shall so think fit, commoners, dur- for any county, city, or borough of Great Britain, in the house of commons of the united kingdom, unless he shall Se^Tslrve have been previously elected as above to sit in the house peers, of lords of the united kingdom, but that so long as such peer of Ireland shall so continue to be a member of the house of commons, he shall not be entitled to the privilege of peerage, nor be capable of being elected to serve as a peer on the part of Ireland, or of voting at any such election, and that he shall be liable to be sued, indicted, proceeded against, and tried as a commoner, for any offence with which he may be charged. That it shall be lawful for his majesty, his heirs and sue- Creation of Irish cessors, to create peers of that part of the united kingdom, peers, called Ireland, and to make promotions in the peerage thereof, after the union, provided that no new creation of any such peers shall take place after the union, until three of the peerages of Ireland, which shall have been existing at the time of the union, shall have become extinct, and upon such extinction of three peerages, that it shall be lawful for his majesty, his heirs, and successors, to create one peer of that part of the united kingdom, called Ireland, and in like man- ner, so often as three peerages of that part of the united kingdom, called Ireland, shall become extinct, it shall be lawful for his majesty, his heirs and successors, to create one other peer of the said part of the united kingdom ; and if it shall happen that the peers of that part of the united king- dom, called Ireland, shall by extinction of peerages, or other- wise, be reduced to the number of one hundred, exclusive of all such peers of that part of the united kingdom, called Ireland, as shall hold any peerage of Great Britain, subsist- ing at the time of the union, or of the united kingdom created since the union, by which such peers shall be entitled to an hereditary seat in the house of lords of the united kingdom, then and in that case it shall and may be lawful for his majesty, his heirs, and successors, to create one peer of that part of the united kingdom, called Ireland, as often as any one of such one hundred peerages shall fail by extinction, or as often as any one peer of that part of the united king- dom, called Ireland, shall become entitled by descent or crea- 40 Geo. III. c. 38. [appendix i. tion to an hereditary seat in the house of lords of the united kingdom, it being the true intent and meaning of this article, that at all times after the union, it shall and may be lawful for his majesty, his heirs, and successors, to keep up the peerage of that part of the united kingdom, called Ireland, to the number of one hundred, over and above the number of such of tl^ said peers as shall be entitled by descent or creation to an hereditary seat in the house of lords of the united kingdom. That if any peerage shall at any time be in abeyance, such deemed e^inct.^ peerage shall be deemed and taken as an existing peerage, and no peerage shall be deemed extinct, unless on default of claimants to the inheritance of such peerage, for the space of one year from the death of the person who shall have been last possessed thereof, and if no claim shall be made to the inheritance of such peerage, in such form and manner as may from time to time be prescribed by the house of lords of the united kingdom, before the expiration of the said period of a year, then and in that case such peerage shall be deemed extinct, provided that nothing herein shall exclude any person from afterwards putting in a claim to the peerage so deemed extinct, and if such claim shall be allowed as valid by the judgment of the house of lords of the united kingdom re- ported to his majesty, such peerage shall be considered as revived, and in case any new creation of a peerage of that part of the united kingdom called Ireland, shall have taken place in the interval, in consequence of the supposed extinc- tion of such peerage, then no new right of creation shall accrue to his majesty, his heirs, or successors, in consequence of the next extinction which shall take place of any peerage of that part of the united kingdom, called Irelarid, How questions That all questions touching the election of members to sit ; touching election on the part of Ireland in the house of commons of the united ‘ monS^shau'be kingdom, shall be heard and decided in the same manner as * decided, questions touching such elections in Great Britain now are, ' or at any time hereafter shall by law be heard and decided, ^ subject nevertheless to such particular regulations in respect of Ireland, as from local circumstances the parliament ^of the united kingdom may from time to time deem expedient. Qualifications as That the qualifications in respect of property of the mem- , Jreff commoners elected on the part of Ireland, to sit in the house of shall be same as commons of the united kingdom, shall be respectively the j m England. same as are now provided by law, in the cases of elections for j counties and cities, and boroughs respectively, in that part of Great Britain, called England, unless any other provision shall hereafter be made in that respect by act of parliament of ! the united kingdom. | How the parlia- That when his majesty, his heirs or successors, shall de- uidted^kiiigdom kis, her, or their pleasure for holding the first, or any shall be coiisti- subsequent parliament of the united kingdom, a proclamation twted. shall issue under the great seal of the united kingdom, to cause the lords spiritual and temporal, and commons, who j 136 In what cases PART IL] 40 Geo. III. c. 38. 137 are to serve in the parliament thereof on the part of Ireland, to be returned in such manner as by any act of this present session of the parliament of Ireland shall be provided, and that the lords spiritual and temporal, and commons of Great Britain shall, together with the lords spiritual and temporal, and commons so returned as aforesaid on the part of Ireland, constitute the two houses of the parliament of the united kingdom. That if his majesty, on or before the first day of January In what case the one thousand eight hundred and one, on which day the union hoS^sTn is to take place, shall declare under the great seal of Great G. B. shall be Britain, that it is expedient that the lords and commons of “ rUamenlfof tile the present parliament of Great Britain should be the mem- united kingdom ; bers of the respective houses of the first parliament of the united kingdom on the part of Great Britain, then the said lords and commons of the present parliament of Great Britain shall accordingly be the members of the respective houses of the first parliament of the united kingdom on the part of Great Britain, and they, together with the lords spiritual and temporal, and commons so summoned and returned as above, on the part of Ireland, shall be the lords spiritual and tempo- ral, and commons of the first parliament of the united king- dom, and such first parliament may, (in that case) if not sooner dissolved, continue to sit so long as the present parlia- ment of Great Britain may now by law continue to sit, if not sooner dissolved : Provided always, that until an act shall have passed in the parliament of the united kingdom, providing in what cases persons holding offices or places of profit under No more than ‘20 the crown in Ireland, shall be incapable of being members of commoners the house of commons of the parliament of the united king- shal/ sft in^the dom, no greater number of members than twenty holding united parlia- such offices or places as aforesaid, shall be capable of sitting be return- in the said house of commons of the parliament of the united ed, the seats of kingdom ; and if such a number of members shall be returned to serve in the said house, as to make the whole number of members of the said house holding such offices or places as aforesaid more than twenty, then and in such case the seats or places of such members as shall have last accepted such offices or places shall be vacated, at the option of such mem- bers, so as to reduce the number of members holding such offices or places to the number of twenty ; and no person holding any such office or place, shall be capable of being elected, or of sitting in the said house, while there are twenty persons holding such offices or places sitting in the said house ; and that every one of the lords of parliament of the united Oaths to be taken kingdom, and every member of the house of commons of the united kingdom, in the first and all succeeding parliaments shall, Great Britain. until the parliament of the united kingdom shall otherwise provide, take the oaths, and make and subscribe the declara- tion, and take and subscribe the oath now by law enjoined to be taken, made and subscribed by the lords and commons of the parliament of Great Britain. m 3 I 138 40 Geo. III. c. 38. [appendix I. privileges, rights, rank, and precedency of lord spiritual and temporal in the imperial par- liament. That the lords of parliament on the part of Ireland, in the house of lords of the united kingdom, shall at all times have the same privileges of parliament which shall belong to the lords of parliament on the part of Great Britain, and the lords spiritual and temporal respectively on the part of Ireland, shall at all times have the same rights in respect of their sit- ting and voting upon the trial of peers as the lords spiritual and temporal respectively on the part of Great Britain ; and that all lords spiritual of Ireland shall have rank and prece- dency next, and immediately after the lords spiritual of the same rank and degree of Great Britain, and shall enjoy all privileges as fully as the lords spiritual of Great Britain do now, or may hereafter enjoy the same, the right and privi- lege of sitting in the house of lords, and the privileges de- pending thereon, and particularly the right of sitting on the trial of peers, excepted ; and that the persons holding any temporal peerages of Ireland, existing at the time of the union, shall, from and after the union, have rank and prece- dency next, and immediately after all the persons holding peerages of the like orders and degrees in Great Britain sub- sisting at the time of the union ; and that all peerages of Ire- land, created after the union, shall have rank and precedency with the peerages of the united kingdom so created, according to the dates of their creations ; and that all peerages, both of Great Britain and Ireland, now subsisting, or hereafter to be created, shall in all other respects from the date of the union be considered as peerages of the united kingdom, and that the peers of Ireland shall, as peers of the united king- dom, be sued and tried as peers, except as aforesaid, and shall enjoy all privileges of peers as fully as the peers of Great Britain ; the right and privilege of sitting in the house of lords, and the privileges depending thereon, and the right of sitting on the trial of peers only excepted. ARTICLE EIGHTH. All civil and ec- That it be the eighth article of union, that all laws in force an?TOurtesSf the union, and all the courts of civil and eccle- remain as now siastical jurisdiction within the respective kingdoms, shall re- ject to established within the same, subject only alterations j to such alterations and regulations from time to time as cir- cumstances may appear to the parliament of the united king- dom to require ; provided that all writs of error and appeals writs of error and depending at the time of the union, or hereafter to be brought lor^^ofTnited^^ and which might now be finally decided by the house of lords of kingdom j either kingdom, shall from and after the union be finally de- cided by the house of lords of the united kingdom, and pro- vided that from and after the union there shall remain in Ire- court of admi- ralty in Ireland, with appeal to chancery in Ire- land ; all con- trary laws re- pealed. land an instance court of admiralty for the determination of causes civil and maritime only ; and that the appeal from sen- tences of the said court shall be to his majesty’s delegates in his court of chancery in that part of the united kingdom called Ireland ; and that all laws at present in force in either j PART II.] 40 Geo. III. c. 38. 139 kingdom, which shall he contrary to any of the provisions which may be enacted by any act for carrying these articles into effect, be from and after the union repealed. And whereas the said articles having by address of the Said articles were respective houses of parliament in Great Britain and Ireland J^^majesty^ been humbly laid before his majesty, his majesty has been graciously pleased to approve the same, and to recommend it to his two houses of parliament in Great Britain and Ireland, to consider of such measures as may be necessary for giving effect to the said articles : In order therefore to give full effect and validity to the same, be it enacted by the king’s most ex- cellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present par- liament assembled, and by the authority of the same, that the said foregoing recited articles, each and every one of them according to the true intent and tenor thereof, be ratified. Said articles are conrirmed and approved, and be, and they are hereby declared ^e^^he^artSes to be, the articles of the union of Great Britain and Ireland, of the union, and and the same shall be in force and have effect for ever, from force for ever the first day of January, which shall be in the year of our 1301 ? Lord, one thousand eight hundred and one : provided that before that period an act shall have been passed by the parlia- ment of Great Britain for carrying into effect, in the like manner, the said foregoing recited articles. («) s. 2. And whereas a bill, entitled. An Act to regulate the Recital of the re- mode by which the lords spiritual and temporal, and the com- passed^Sds mons to serve in the parliament of the united kingdom on the session, 40 Geo. 3. part of Ireland, shall he summoned and returned to the said parliament, has passed the two houses of the parliament of this kingdom, the tenor whereof is as follows : ‘‘ An act to regulate the mode by which the lords spiritual and temporal, and the commons to serve in the parliament of the united kingdom on the part of Ireland, shall be summoned and re- turned to the said parliament : Whereas it is agreed by the unio?41ordsVi fourth article of the union, that four lords spiritual of /re- ?ituai’ and*^28^^^" land, by rotation of sessions, and twenty-eight lords temporal temporal, and of Ireland, elected for life by the peers of Ireland, shall be a?e toTitaTd^vote the number to sit and vote on the part of Ireland in the house on the part of of lords of the parliament of the united kingdom, and one ^perial* parlia- hundred commoners, (two for each county of Ireland, two ment ; for the city oIDuhlin, two for the city of Cork, one for the college of the Holy Trinity of Dublin, and one for each of the thirty-one most considerable cities, towns and boroughs, be the number to sit and vote on the part of Ireland in the house of commons of the parliament of the united kingdom ; be it enacted. That the said four lords spiritual shall be taken how the four from among the lords spiritual of Ireland in the manner fol- lowing, that is to say, that one ot the tour archbishops for each session, of Ireland, and three of the eighteen bishops of Ireland, rotation. (a) See the 39, 40 Geo, 3. G. B. c. 67, 140 40 Geo. III. c. 38. [appendix r. shall sit in the house of lords of the united parliament in each session thereof, the said right of sitting being regulated as between the said archbishops respectively by a rotation among the archiepiscopal sees from session to session, and in like manner that of the bishops by a like rotation among the episcopal sees ; that the primate of all Ireland for the time being shall sit in the first session of the parliament of the united kingdom ; the archbishop of Dublin, for the time be- ing, in the second ; the archbishop of Cashel, for the time being, in the third ; the archbishop of Tuam, for the time being, in the fourth ; and so by rotation of sessions for ever ; such rotation to proceed regularly and without interruption from session to session, notwithstanding any dissolution or expiration of parliament ; that three suffragan bishops shall in like manner sit according to rotation of their sees, from ses- sion to session, in the following order ; the lord bishop of Meath, the lord bishop of Kildare, the lord bishop of Derry, in the first session of the parliament of the united kingdom ; the lord bishop of Raphoe, the lord bishop of Limerick, Ardfert and Aghadoe, the lord bishop of Dromore, in the second session of the parliament of the united kingdom ; the lord bishop of Elphin, the lord bishop of Down and Connor, the lord bishop of Waterford and Lismore, in the third ses- sion of the parliament of the united kingdom ; the lord bishop of Leighlin and Ferns, the lord bishop of Cloyne, the lord bishop of Cork and Ross, in the fourth session of the parliament of the united kingdom ; the lord bishop of KiU laloe and Kilfenora, the lord bishop of Kilmore, the lord bishop of Clogher, in the fifth session of the parliament of the united kingdom ; the lord bishop of Ossory, the lord bishop of Killala and Achonry, the lord bishop of Clonfert and KiU macduagh, in the sixth session of the parliament of the united kingdom ; the said rotation to be nevertheless subject to such variation therefrom, from time to time, as is herein after pro- vided : that the said twenty-eight lords temporal shall be The ‘28 lords tern- chosen by all the temporal peers of in the manner rhosen^for iffe in after provided ; that each of the said lords temporal so manner herein chosen shall be entitled to sit in the house of lords of the par- e res^of’deatl/or united kingdom during his life, and in case of forfeiture, others ^is death, or forfeiture of any of the said lords temporal, the shall be chosen, temporal peers of Ireland shall, in the manner hereinafter provided, choose another peer out of their own number to supply the place so vacant. ci4 commoners for s. 3. “And be it enacted. That of the one hundred com- for^citfes and Efio^ers to sit on the part of Ireland in the united parliament, horou^^hs.* seethe sixty-four shall be chosen for the counties, and thirty-six for 2, 3 Will A. c. 38. the following cities and boroughs, videlicet, for each county of ■ Ireland, two ; for the city of Dublin, two ; for the city of Cork, two ; for the college of the Holy Trinity of Dublin, one ; for the city of Waterford, one ; for the city of Limerick, one ; for the borough of Belfast, one ; for the county and town of Drogheda, one ; for the county and town of Carrick- PART II.] 40 Geo. III. c. 38. 141 fergusy one ; for the borough of Newry, one ; for the city of Kilkenny y one ; for the city of Londonderry y one ; for the town of Galwayy one ; for the borough of Clonmely one ; for the town of Wexfordy one ; for the town of Yonghal^ one ; for the town of Bandonhridgey one ; for the borough of Ar- maghy one ; for the borough of Dundalky one ; for the town of Kinsalcy one ; for the borough of Lishurney one ; for the borough of SligOy one ; for the borough of Catherloughy one ; for the borough of Ennisy one ; for the borough of JDungar- vany one ; for the borough of Downpatricky one ; for the borough of Colerainey one ; for the town of MalloWy one ; for the borough of Athloney one ; for the town of New Ross, one ; for the borough of Traleey one, for the city of Cashely one ; for the borough of Dungannony one ; for the borough of Portarlingtony one; for the borough of Enniskilleny one. s. 4. And be it enacted, That in case of the summoning of when vacancies a new parliament, or if the seat of any of the said commoners happen in said shall become vacant by death or otherwise, then the said o?borouffhs'n"ew counties, cities, or boroughs, or any of them, as the case may elections shall be be, shall proceed to a new election; and that all the other towns, cities, corporations, or boroughs, other than the afore- 00^^10 elect said, shall cease to elect representatives to serve in parliament ; (unless hereafter and no meeting shall at any time hereafter be summoned, vSedO called,'convened, or held for the purpose of electing any per- son or persons to serve or act, or be considered as representa- tive or representatives of any other place, town, city, corpo- ration or borough, other than the aforesaid, or as representa- tive or representatives of the freemen, freeholders, house- holders or inhabitants thereof, either in the parliament of the united kingdom or elsewhere (unless it shall hereafter be other- wise provided by the parliament of the united kingdom) and every person summoning, calling, or holding any such meeting or assembly, or taking any part in any such election or pre- tended election, shall, being thereof duly convicted, incur and suffer the pains and penalties ordained and provided by the statute of provision and praemunire made in the sixteenth year of the reign of Richard the second. s. 5. F or the due election of the persons to be chosen to sit in the respective houses of the parliament of the united king- dom on the part of Ireland; be it enacted, That on the day Onthedayfol. following that on which the act for establishing the union shall lowing- royal as- have received the royal assent, the primate of all Irelandy the Jhfprimate'*'”’ lord bishop of Meathy the lord bishop of Kildarcy and the bishops of Meathy lord bishop of Derry y shall be, and they are hereby declared to be the representatives of the lords spiritual of Ireland in representatives the parliament of the united kingdom for the first session session ; thereof ; and that the temporal peers of Ireland shall assemble 12 o V^ck,^T{mis at twelve of the clock on the same day as aforesaid, in the now temporal shall accustomed place of meeting of the house of lords of Irelandy S^peerThi nfan- and shall then and there proceed to elect twenty-eight lords uer herein temporal to represent the peerage of Ireland in the parliament of the united kingdom in the following manner, that is to say, 142 40 Geo. III. c. 38. [appendix I. the names of the peers shall be called over according to their rank, by the clerk of the crown, or his deputy, who shall then and there attend for that purpose, and each of the said peers who previous to the said day, and in the present parlia- ment, shall have actually taken his seat in the house of lords of Ireland^ and who shall there have taken the oaths, and signed the declaration, which are or shall be by law required to be taken and signed by the lords of the parliament of /re- land, before they can sit and vote in the parliament thereof, shall, when his name is called, deliver, either by himself or by his proxy, (the name of such proxy ha\’ing been previously entered in the books of the house of lords of Ireland, accord- ing to the present forms and usages thereof,) to the clerk of the crown or his deputy, (who shall then and there attend for that purpose,) a list of twenty-eight of the temporal peers of Ireland, and the clerk of the crown, or his deputy, shall then and there publickly read the said lists, and shall then and there cast up the said lists, and publickly declare the names of the twenty-eight lords who shall be chosen by the majority of votes in the said lists, and shall make a return of the said names to the house of lords of the first parliament of the united king- dom, and the twenty- eight lords so chosen by the majority of votes in the said lists shall, during their respective lives, sit as representatives of the peers of Ireland, in the house of lords of the united kingdom, and be entitled to receive writs What sha^l be^ of summons to that and every succeeding parliament ; and in numbTr S\otes case a complete election shall not be made of the whole num- happens to be her of twenty-eight peers, by reason of an equality of votes, the clerk of the crown shall return such number in favour of whom a complete election shall have been made in one list, and in a second list shall return the names of those peers who shall have an equality of votes, but in favour of whom, by reason of such equality, a complete election shall not have been made ; and the names of the peers in the second list for whom an equal number of votes shall have been so given, shall be written on pieces of paper of a similar form, and shall be put into a glass by the clerk of the parliament of the united kingdom, at the table of the house of lords thereof, whilst the house is sitting’, and the peer whose name shall be first drawn out by the clerk of the parliament, shall be deem- ed the peer elected, and so successively as often as the case bow soats va require ; and whenever the seat of any of the twenty- cated by death or eight lords temporal so elected, shall be vacated by decease or ”eer forfeiture, the chancellor, the keeper or commissioners of the shall be filled'^ great seal of the united kingdom, for the time being, upon receiving a certificate under the hand and seal of any two lords temporal, of the parliament of the united kingdom, certifying the decease of such peer, or on view of the record of attainder of such peer, shall direct a writ to be issued under the great seal of the united kingdom, to the chancellor, the keeper, or commissioners of the great seal of Ireland, for the time being, directing him or them to cause writs to be issued by the clerk PART II.] 40 Geo. III. c. 38. 143 who shall have sat and voted in the house of lords of Ireland before the union, or whose right to sit and vote therein, or to vote at such elections, shall on claim made in his behalf, have been admitted by the house of lords of Ireland, before the kiWdnm*^ ““’u"i’i of lords of the united Notices to be k ngdom , and notice shall forthwith be published by the said pnWished in tlie cerk of the crown, in the London and Dublin Gazettes, of the issuing of such writs, and of the names and titles of all the peers to whom the same are directed, and to the said writs ktnf i^® 1“?,"^*®^“ thereof, in which a blank shall be left for the name of the peer to be elected, and the said writs shall enjoin each peer within fifty-two days from the test of the vvnt to return the same into the crown office of Ireland, with the blank filled up by inserting the name of the peer for whom he shall vBte as the peer to succeed to the vacancy made by demise or forfeiture, as aforesaid, and the said writs and returns shall be bipartite, so as that the name ot the peer to be chosen shall be written twice, that is, once on each part of such writ and return, and so as that each a® by the peer to whom the same shall be directed, and likewise be sealed with his seal of arms, and on® part of the said writs and returns so filled up, sub- scribed and sealed as above, shall remain of record in the crown office of Ireland, and the other part shall be certified by the clerk of the crown to the clerk of the parliament of th® unit®d kingdom, and no peer of Ireland, except such as shall have been elected as representative peers on the part of in the house of lords of the united kingdom, and shall there have taken the oaths and signed the declaration prescri- bed by law, shal under pain of suffering such punishment as he house of lords of the united kingdom may award and ad- judge, make a return to such writ, unless he shall after the issuing thereof, and before the day on which the writ is re- turnabl®, have taken the oaths, and signed the declaration, oaths to be taken wnich aic, or shall be by law required to be taken and signed by the lords of the united kingdom, before they can sit and ^ yote in the parliament thereof, which oaths and declarations shall be either taken and subscribed ijp the court of chancery of Ireland or before one of his majesty’s justices of the peace of that part of the united kingdom called Ireland a ^ cprfififflf/i j i i tiana, a Certificates to be ertiticate whereof signed by such justices of the peace, or by transmitted with the register of the said court of chancery, shall be transmitted by such peer, with the return, and shall be annexed to that prt thereof, remaining of record in the crown office of Ire- andi and the clerk of the crown shall forthwith after the Clerk of crown to return day of the writs, cause to be published in the London Publish in Lon. e„ 1 .r" gazettes, a notice of the name of the person cho- ScXtSf'® 1 . ^ , P ttiajonty of votes, and the peer so chosen, shall name of the peer luring his lite be one of the peers to sit and yote on the part 1 of lords of the united kingdom : and n case the votes shall be equal, the names of such persons 144 40 Geo. III. c. 38. [appendix I. What shall be who have an equal number of votes in their favour, shall be done when votes written on pieces of paper of a similar form, and shall be put are equal. ^ clerk of the parliament of the united kingdom, at the table of the house of lords whilst the house is sitting, and the peer whose name shall be first drawn out by the clerk of the parliament shall be deemed the peer elected. When a lord spi- s. 6. ‘‘ And be it enacted, that in caseany lord spiritual being ritual, being- a temporal peer of the united kingdom, or being a temporal shSl be^hosUn peer of that part of the united kingdom, called Ireland, shall one of the repre- chosen by the lords temporal to be one of the representa- lords^temporal,^ tives of the lords temporal, in every such case during the life the representa- of such spiritual peer, being a temporal peer of the united s^piritual^^hall*^^^ kingdom, or being a temporal peer of that part of the united proceed to the kingdom called Ireland, so chosen to represent the lords spir- next in rotation. rotation of representation of the spiritual lords, shall proceed to the next spiritual lord without regard to such spir- ’ itual lord so chosen a temporal peer, that is to say,^ if such spiritual lord shall be an archbishop, then the rotation shall proceed to the archbishop whose see is next in rotation ; and if such spiritual lord shall be a suffragan bishop, then the ro- • tation shall proceed to the suffragan bishop whose see is next in rotation. . . ^ s. 7. “ And whereas by the said fourth article of union, it isr agreed, that if his Majesty shall,, on or before the first day, of January next, declare under the great seal of Great Britain, that it is expedient that the lords and commons of the present parliament of Great Britain should be the members of the respective houses of the first parliament of the united kingdom on the part of Great Britain, then the lords and commons of the present parliament of Great Britain shall accordingly be the members of the respective houses of the first parliamen^ of the united kingdom on the part of Great Britain, be if If on or before 1st enacted for and in that case only. That the present member? of the thirty-two counties of Ireland, and the two member: dares that the for the city of Dublin, and the two members for the city O; present lords and be, and they are hereby declared to be by virtue ^.*shdfbe the* of this act, members for the said counties and cities in members of both parliament of the united kingdom, and that on a day and houi "sert mfm. to be appointed by his*majesty under the great seal of Ireland bersfor counties, previous to the said first day of January, 1801, the memoer andCor/shaSfbe then serving for the college of the Holy Trinity of DMin members’in first and for each of the following cities or boroughs, that is to say imperial parlia- Waterford, city of Limerick, borough of Belfast How and when county and town of Drogheda, county and town of Carrie members for ferqus, borough of Newry, city of Kilkenny, city ot Lon LTfOTthedSes rfontferry, town of Galway, borough of Clonmel town < and boroughs Wexford, town of Youghal, town of Bandon Bridge, Dc rough of Armagh, borough of Dundatt, town of W borough of Lisburn, borough of Sligo, boiough ot lough, borough of Ennis, borough of Dnngarvan, borough ■ Downpatrick, borough of Coleraine, town of Mallow, borou^ PART II.] 40 Geo. III. c. 38. 145 of Athlone, town of JVew^Boss, borough of Tralee, city of Cashel, borough Dungannon, borough of Portarlington, and borough of Enniskillen, or any five or more of them, shall meet in the now usual place of meeting of the house of com- mons of Ireland, and the names of the members then serving for the said places and boroughs, shall be written on separate pieces of paper, and the said papers being folded up, shall be placed in a glass or glasses, and shall successively be drawn thereout by the Clerk of the crown or his deputy, who shall then and there attend for that purpose, and the first drawn name of a member of each of the aforesaid places or boroughs, shall be taken as the name of the member to serve for the said place or borough in the first parliament of the united kingdom, and a return of the said names shall be made by the clerk of the crown or his deputy, to the house of commons of the f united kingdom, and a certificate there- of shall be given respectively by the said clerk of the crown or ms deputy, to each of the members whose name shall have been so drawn ; provided always. That it may be allowed to Any member for any member of any of the said places or boroughs by per- sonal appHcation to be then and there made by him to the cleik or the crown or his deputy, or by declaration in writing before lots are under his hand, to be transmitted by him to the clerk of thi o’nhe mLc crown previous to the said day so appointed as above, to with- shall be returned, draw his name previous to the drawing of the names by lot, m which case or in that of a vacancy by death or otherwise^ of one of the members of any of the said places or boroughs at the time of so drawing the names, the name of the other mem- ber shall be returned as aforesaid, as the name of the member to serve for such place in the first parliament in the united kingdom ; or if both members for any such place or borough What shall be shaU so withdraw their names, or if there shall be a vacancy members at the time aforesaid the clerk of the crown drawn, or a shall certify the same to the house of commons of the first parliament of the united kingdom, and shall also express in such return whether any writ shall then have issued for the election of a member or members to supply such vancancy ; and if a writ shall so have issued for the election of one mem- ber only, such writ shall be supersede^d, and any election to be thereafter made thereupon, shall be null and of no effect, and If such writ shall have issued for the election of two members, the said two members shall be chosen accordingly, and their names being returned by the clerk of the crown to the house of commons of the parliament of the united kingdom, one of the said names shall then be drawn by lot in such manner and time as the said house of commons shall direct, and the person whose name shall be so drawn, shall be deemed to be the member to sit for such place in the first parliament of the united kingdom ; but if at the time aforesaid no writ shall have issued to supply such vacancy, none shall thereafter issue until the same be ordered by resolution of the house of com- 146 40 Geo. III. c. 38. [appendix I. When a new parliament of united kingdom shall be summon, ed, lord chancel- lor shall cause writs to be issued, &c. and so on all vacan- cies in commons. Copies of returns shall be preserved in crown office, and shall be evidence. Recited bill shall be part of this act. Great seal of Ireland. mons of the parliament of the united kingdom, as in the case of any other vacancy of a seat in the house of commons of the parliament of the united kingdom. s. 8. And be it enacted, That whenever his majesty, his heirs and successors, shall by proclamation under the great seal of the united kingdom, summon a new parliament of the united kingdom of Great Britain and Ireland, the chan- cellor, keeper, or commissioners of the great seal of Ireland, shall cause writs to be issued to the several counties, cities, the college of the Holy Trinity of Dublin, and boroughs in that part of the united kingdom called Ireland, specified in this act, for the election of members to serve in the parliament of the united kingdom according to the number herein before set forth ; and whenever any vacancy of a seat in the house of commons of the parliament of the united kingdom for any of the said counties, cities or boroughs, or for the said col- lege of the Holy Trinity of Dublin, shall arise by death or otherwise, the chancellor, keeper, or commissioners of the great seal, upon such vacancy being certified to them respec- tively by the proper warrant, shall forthwith cause a writ to issue for the election of a person to fill up such vacancy, and such writs and the returns thereon respectively being returned into the crown office in that part of the united kingdom called Ireland, shall from thence be transmitted to the crown office in that part of the united kingdom called England, and be certified to the house of commons in the same manner as the like returns have been usually, or shall hereafter be certified, and copies of the said writs and returns attested by the chan- cellor, keeper, or commissioners of the great seal of Ireland for the time being, shall be preserved in the crown office of Ireland, and shall be evidence of such writs and returns, in case the original writs and returns shall be lost.” s. 9. Be it enacted. That the said bill so herein recited, be taken as a part of this act, and be deemed to all intents and purposes incorporated within the same ; provided ahvays, that the said herein recited bill shall receive the royal assent, and be passed into a law previous to the first day of January, which shall be in the year of our Lord, one thousand eight hundred and one : and provided also ; that if the said herein recited bill shall not receive the royal assent, and be passed into a law previous to the first said day of January, which shall be in the year of our Lord one thousand eight hundred and one, this act, and every part thereof, shall be of no force or validity whatsoever, (a) s. 10. And be it enacted, That the great seal of Ireland may, if his majesty shall so think fit, after the union, be used in like manner as before the union, except where it is other- wise provided by the foregoing articles, within that part of the united kingdom called Ireland, and that his majesty may, (a) The royal assent was given to the recited act, 40 Geo. 3. I. c. 29, on tlie 12th June, 1800. PART II. J 40 Geo. III. c. 80. 147 so long as he shall think fit, continue the privy council of Ireland, to be his privy council for that part of the united kingdom called Ireland, No. 89 40 Geo. III. c. 80. An Act to explain and amend an Act passed in the Thirty- fifth Year of his present Mafistifs Reign, entitled, ^^An Act for regulating the Election of Members to serve in Parlia- ment, and for repealing the several Acts therein mentioned,'" and to explain and amend an Act passed in the Thirty- seventh Year of said Reign, entitled, ^^An Act for the fur- ther Regulation of the Election of Members to serve in Parliament'" [1st August, 1800.] “ Whereas an act passed in the thirty-fifth year of his Recital 35 Gto. 3. present majesty’s reign, entitled. An Act for regulating the election of members to serve in parliament, and for repealing the several acts therein mentioned ; And whereas an act passed in the thirty- seventh year of the said reign, entitled, An Act Recitals? Geo. 3. for the further regulation of members to serve in parliament, and it is necessary to explain and amend the same : and whereas by said acts it is required that every freeholder of any county registering his freehold, shall, in the oath or affirmation to he by him taken for that purpose, set out the barony or half barony wherein such freehold is situated : And whereas doubts have arisen whether the city of Londonderry, and that part doubts as to city of the liberties thereof which is situate and lying on the fj^ertfes of^iow north-west side of the river Foyle-, and also whether the donderry, and town of Coleraine, and that part of the liberties thereof ^TTiberties which is situate and lying on the north-east side of the river "^^Coleraine ^ Bann, in the county of Londonderry, are comprized or in- cluded in any barony or half-baron)^ in the said county of Londonderry, or are in themselves respectively baronies or half baronies, for the purposes of registering of freeholds within the provisions of the said recited acts : And whereas doubts have likewise arisen, whether any freeholder, whose doubts as to re- freehold is situate in the said city of Londonderry, and in the gistry of free- said part of the liberties thereof, or in the said town of Cole- pfaces”^ raine, and in the said part of the liberties thereof, and who has registered his freehold as being so situate, is entitled by virtue of such registry, under the provisions of the said acts, to vote at any election for a knight or knights of the shire to serve in parliament for the said county of Londonderry ; be it therefore enacted, &c. That from and after the passing of this act the said city of Londonderry, and that part of the said liberties thereof situate and lying on the north-west side of the river Foyle and the said town of Coleraine, and that part of the said liberties thereof situate and lying on the north- ]48 40 Geo. III. c. 80. [appendix I. be^co^STered^^^ river Bann^ shall be considered as separate separate half. distinct half baronies of the said county of Londonderry, baronies. for the purposes within the meaning of said acts, notwith- standing any law, custom, or usage to the contrary. Sheriffs of Lon. s. 2. And be it further enacted, That the sheriffs of the Suse^wo^se^ a county of Londonderry, when they have reason rate bo^hs^to be to apprehend a contest, or shall be required by any candidate two^bmldfn^s^^ election to be held by them, as in the said act is men- when necesfary, tioned, shall cause to be erected two separate booths, or hire for said places, two separate buildings, one for the city of Londonderry, a^ledfanT^^^"^ liberties thereof, and one for the deputy for each, town of Coleraine, and the said part of the said liberties thereof, exclusive of the several other booths or buildings required in and by said acts to be erected or hired for the se- veral baronies and half baronies in and within the said county ; and in every other respect, with regard to the said city, and said part of said liberties and said town, and said part of said liberties respectively, shall pursue the same rules and regula- tions as are prescribed thereby for baronies or half baronies, and shall appoint a clerk and deputy for said city, and the said part of the said liberties, thereof, and for the said town, and the said part of the said liberties thereof respectively, in the like manner as in and by said acts is directed respecting the several baronies or half baronies therein mentioned. Freeholders of s. 3. And be it further enacted. That on every election for said places shall a knight or knights of the shire for the said county of Lon- respectlve^^ donderry, every freeholder whose freehold shall be registered booths. as situate in the said city of Londonderry, and the said part of the said liberties thereof, or in the said town of Coleraine, and the said part of the said liberties thereof, and offering to vote, shall be polled in the booth, building, or place res- pectively appropriated to said city, and the said part of the said liberties thereof, or for the said town, and the said part of the said liberties thereof, as the case may be, as fully and effectually as if the same were baronies or half baronies within the meaning of said acts. s, 4. And be it further enacted, That in the registry of all freeholds situate in the said city of Londonderry, or in the said part of the said liberties thereof, or in the said town of Coleraine, or said part of the said liberties thereof res- pectively, the words barony or half barony, baronies or half &c. may be^’ baronies, town-land or towns-lands, as directed in the said omitted in r^- acts to be mentioned in the oath or affirmation of the person lofdJin said^* registering the same, shall be omitted therein, and the words places, and words city of Londonderry, or that part of the liberties thereof inserted^ntheir situate and lying on the north-west side of the river Foyle, ! place. or town of Coleraine, or that part of the liberties thereof j situate and lying on the north-east side of the river Bann, as the case may be, shall be respectively inserted in their | place, and that such registry shall be, to all intents, good j and effectual, any thing in said acts contained to the contrary j; notwithstanding; provided always. That that part of the } part II.] 40 Geo. III. c. 80. 149 liberties of the said city of Londonderry situate and lying on Part to be regis. the north-east side of the river Foyle, shall be deemed and barony taken as part of the half barony of Terkeerin, in the said keerin, comity of Londonderry, and that all freeholds situate in said last mentioned part of said liberties shall be henceforth regis- tered, pursuant to the provisions of said acts, as being and lying in the said half barony of Terkeerin ; and also, that that part of the liberties of Coleraine situate on the north- west side of the river JBann, shall be deemed and taken as coierline. part of the half barony of Coleraine, and that all freeholds situate in the said last mentioned part of said liberties of Coleraine shall be henceforth registered, pursuant to the pro- visions of the said acts, as being and lying in the said half barony of Coleraine, s. 5. Provided always, and be it further enacted, That no freehold registered since the passing of said acts, or either of duly^re^lstered. them, and situate and lying within the said city and liberties of Londonderry, or the said town and liberties of Coleraine, shall be deemed to be unduly or not properly registered, for or on account of the omission or insertion in the oath or affirmation taken or made in order to register the same, of the words barony or baronies, half barony or half baronies, for or on account of the said city and liberties of Londonderry, or said town and liberties of Coleraine, not being mentioned or described therein, or for, or on account of their being im- properly mentioned or described therein, but that every per- son whose freehold being situate in the said city and liberties of Londonderry, or in said town and liberties of Coleraine, shall have been so registered, shall, notwithstanding such omission or insertion, be admitted to A’^ote at any election for a knight or knights of the shire for the said county of Lon- donderry, to serve in parliament, the test of the writ for holding of which election shall bear date before the first day of May, one thousand eight hundred and one, and no longer. s. 6. And be it further enacted, That if any clerk of the peace shall omit or neglect to keep any of the books of regis- for^neglectlng^to try of freeholders, in the manner and form prescribed by law, keep books of re- or to file any affidavit or affirmation delivered to him by the fffidavits/^ court to be filed, he shall, for eA’’ery such offence forfeit the sum of five hundred pounds, to be recovered against him by any freeholder who shall sue for the same by action, bill, plaint, or information, in any of his majesty’s courts of record, in which no essoign, wager at law, nor more than one imparlance shall be allowed ; and if any clerk of the Punishment of peace shall destroy, or wilfully or negligently permit to be clerks of peace destroyed, or shall maliciously, fraudulently, corruptly, or s?on? heSn^' wilfully make or permit, or suffer to be made any alteration, described, erasure, obliteration, or interlineation in any such book of registry, or neglect to attend, by himself, or his sufficient deputy, at any election for a member or members to serve in parliament for any county, town, or city, Avith all and singu- n 3 150 40 Geo. III. c. 80. [appendix l lar the books of the registry of the freeholders therein, and the affidavits on which the same are formed, and to remain there during the whole continuance of such election, he shall upon being duly convicted thereof, be adjudged guilty of a misdemeanor, and shall be imprisoned for three years, or suffer such other punishment as the court shall think fit, and shall be for ever after incapable of holding the office of clerk of the peace. 151 APPENDIX L PART III. ACTS OF THE PARLIAMENTS OF ENGLAND AND GREAT BRITAIN, ADOPTED BY ACTS OF THE PARLIAMENT OF THE UNITED KINGDOM, &c. No. 90 3 Jac. I. c. 4. (a) A?i Act for the better Discovering and Repressing of Popish Recusants, s. 13. And for the better trial how his majesty’s subjects stand affected in point of their loyalty and due obedience ; be it also enacted by the authority aforesaid, That from and after the end of this present session of parliament, it shall be lawful to and for any bishop in his diocese, or any two justices of peace, whereof one of them to be of the quorum^ within the limits of their jurisdiction, out of the sessions, to require any person or the age ot eighteen years or above, being or which lable to take the shall be convict or indicted of or for any recusancy, other than Oath, noblemen or noblewomen, for not repairing to divine service, according to the laws of this realm, ; or which shall not have received the said sacrament twice within the year then next past, noblemen and noblewomen excepted; or any person passing in or through the country, shire, or liberty, and un- known, except as is last before excepted, that being examined by them upon oath shall confess or not deny himself or herself to be a recusant, or shall confess or not deny that he or she had not received the said sacrament twice within the year then last past, to take the oath hereafter following upon the Holy Evangelists: which said bishop or two justices of the Na^eofhlm^vvho peace, shall certify in writing subscribed with his or their taketh the Oath, hands at the next general or quarter sessions for that shire, limit, division, or liberty, within which the said oath shall be so taken, the Christian name, surname, and place of abode of every person which shall so take the said oath ; which certi- ( (a) This act, and the two following-, properly belong to Part I. of this i Appendix, but were accidentally omitted in their proper place. See ante p. 14, and note (a) ibid. i 152 1 Jac. I. c. 6. [appendix I. Refusal of the Oath. 1 J^ulstr. 199. The penalty of prremunire. 16 R. 2. c. 5. Women covert. Form of the oath of obedience. Abolished by W. M. sess. 1. £*. 8. 5 . 2. ficate shall be there recorded by the clerk of the peace or town clerk, and kept amongst the records of the said sessions. s. 1 4. And be it further enacted, That if any person or per- sons, other than noblemen or noblewomen, shall refuse to answer upon oath to such bishop or justices of peace examin- ing him or her, as aforesaid, or to take the said oath so duly tendered unto him or her by such bishop, or two such justices of peace, out of sessions, that then the said bishop or justices of peace shall and may commit the same person to the com- mon gaol, there to remain without bail or mainprize until the next assize or general or quarter sessions to be holden for the said shire, division, limit, or liberty ; where the said oath shall be again in the said open assizes or sessions required of such person, by the said justices of assize or justices of peace then and there present, or the greater number of them : and if the said person or persons, or any other person whatsoever, other than noblemen or noblewomen, of the age of eighteen years or above, shall refuse to take the said oath, being tendered unto him or her by the justices of assize and gaol-delivery in their open assizes, or the justices of peace, or the greater part of them, in their said general or quarter sessions, every per- son so refusing shall incur the danger and penalty of prcemu- nire, mentioned in the statute of prcemunire, made in the six- teenth year of the reign of king Richard the second ; except women covert, who, upon refusal of the said oath shall be by the said justices of assize in their open assize, or justices of peace in their general or quarter sessions, for the said offence committed only to the common gaol, there to remain without bail or mainprize, till they will take the said oath. THE TENOR OF WHICH OATH HEREAFTER FOLLOWETH : s. 15. I, A. B. &c. Unto which oath so taken, the said person shall subscribe his or her name or mark. No. 91.—1 Jac. I. c. 6. An Act for administering the Oath of Allegiance, and Reformation of married Women, Recusants, s. 1. Whereas by a statute made in the third year of your majesty’s reign, intituled. An act for the better discovering and repressing of Popish Recusants, the form of an oath to be ministered and given to certain persons in the same act mentioned is limited and prescribed, tending only to the decla- ration of such duty as every true and well-affected subject, not only by bond of allegiance, but also by the commandment of Almighty God, ought to bear to your majesty, your heirs and successors ; which oath such as are infected with Popish superstition do oppugne with many false and unsound ar^- ments, the just defence whereof your majesty hath heretofore PART III.] 1 Jac. I. c. 6. 153 undertaken and worthily performed, to the great contentment of all your loving subjects, notwithstanding the gain-sayings of contentious adversaries. s. 2. ‘And to shew how greatly your loyal subjects do Every person approve the said oath they prostrate themselves at your majesty’s feet, beseeching your majesty that the same oath may be administered to all your subjects : to which end we obedi- with all humbleness beseech your highness that it may be enacted, and be it enacted by the authority of this present parliament, That all and every person and persons, as well ecclesiastical as temporal, of what estate, dignity, prehemi- nence, sex, quality, or degree soever he, she, or they be, or shall be, above the age of eighteen years, being hereafter in this act mentioned and intended, shall make, take, and re- ceive a corporal oath upon the Evangelists, according to the Before whom tenor and effect of the said oath set forth in the said fore- person shall mentioned statute, before such person or persons as hereafter in this act is expressed : that is to say, all and every arch- bishop and bishop that now is or hereafter shall be, before the lord chancellor or lord keeper of the great seal for the time being. -And all and every person and persons of or above the A baron or ba- degree of a baron of parliament, or baroness of this your highness realm of England, and all of your highness privy privy councillors council residing in London or Westminster, or within thirty presidents, miles thereof, and the presidents of Wales and the north parts, before any four of your highness privy council, whereof the lord chancellor, lord treasurer, lord privy seal, or principal secretary for the time being, to be one : and if such person or persons live and reside in the country, distant above thirty miles from London, then before the lord bishop of the diocese, or such other person or persons as the lord chancellor or lord keeper of the great seal for the time being shall thereto by writ of dedimus potestatem authorize. s. 8. And all and every the knights, citizens, burgesses, Knights, citi- and barons of the five ports of the commons house of parlia- ISaJSo/the ment, at any parliament or session of parliament hereafter to parliament, be assembled, before he or they shall be permitted to enter into the said house, before the lord steward for the time be- ing, or his deputy or deputies. s. 20. The vice-chancellors of both the universities for the The vice-chan- time being, and the presidents, wardens, provosts, masters of cellors in the colleges and halls, and all other heads and principals of houses, priSls^of coh proctors, and beadles of the universities, publickly in the con- leges or halls, vocation, before the senior masters there present, s. 21, And all and every other persons whatsoever, that is Persons pro- or shall be promoted to any degree* in school, before the vice- chancellor of the said university for the time being, in the ’ congregation-house. . s. 22. All fellows of houses, and all scholars of halls or col- Fellows and I leges, that now are or hereafter shall be received into the scholars in col- |i same, being under the degree of a baron, before the president, 1®^®®* 154 1 Jac. L c. 6. [appendix I. master, provost, warden, or other head or chief governor of that college, hall or house, whereunto he shall be received, and in the open hall. When the per- s. 25. And to the intent that due execution may be had of sSl take the premises without delay, it is further enacted by the autho- said oath. rity aforesaid. That all the persons before named, who have any certain time limited or expressed when to take the afore- said oath, shall at the time therein prescribed take the same, and the rest within six months next after the end of this pre- sent session of parliament. Who may tender s. 26. And be it further enacted by authority of this pre- the^said oath, and sent parliament, That it shall and may he lawful to and for o w om. privy council of your highness, or of your heirs and successors, and to and for every bishop in his diocese, to require any baron or baroness of the age of eighteen years or above, to take the said oath ; and to and for any two jus- tices of peace within any county, city, or town corporate, whereof one to be of the quorum, to require any person or persons of the age of eighteen years or above, under the de- gree of a baron or baroness, to take the said oath : and if any person or persons of or above the said age and degree, now stand or hereafter at any time shall stand and be presented, indicted, or convicted for not coming to church, or not re- ceiving the holy communion or sacrament of the Lord’s Sup- per, according to the laws and statutes of this realm, before the ordinary, or other having lawful power to take such pre- sentment or indictment, then three of the privy council of your highness, your heirs and successors, whereof the lord chancellor, lord treasurer, lord privy seal, or principal secre- tary, to be one, upon knowledge thereof, shall require such per- son or persons to take the said oath : and if any other person or persons whatsoever, of and above the said age, and under the said degree, now stand or at any time hereafter shall stand, and be presented, indicted, or convicted for not coming to church, or receiving the holy communion or sacrament of the Lord’s Supper, according to the laws and statutes of this realm before the ordinary or any other having lawful power to take such presentment or indictment; or if the minister, petty constable and churchwardens, or any two of them, shall at any time hereafter complain to any justice of peace, near adjoining to the place where any person complained of shall dwell, and the said justice shall find cause of suspicion ; that then any one justice of peace, within whose commission or powder such person or persons shall at any time hereafter be, or to whom complaint shall be made as aforesaid, shall, upon notice thereof, require such person or persons to take the ^ said oath : And that if any person or persons, being of the age of eighteen years or above, shall refuse to take the said oath, duly tendered to him or her, according to the true intent and meaning of this statute, that then the persons authorized by this law to give the said oath, shall and may commit the same offender to the common gaol, there to remain, without bail J PART III.] 1 Will. & M. c. 8. 155 or mainprise, until the next assizes or general quarter sessions to be holden for the said shire, division, limit, or liberty ; where the said oath shall be again in the said open sessions required of such person by the said justices of assize or jus- tices of the peace then and there present,* or the greater number of them : And if the said person or persons, of the The penalty for age of eighteen years or above, shall refuse to take the said refusing- to take oath, being tendered to him or her by the said justices of ^2 assize and pol-delivery, in their open assizes or gaol-delivery, or the justices of peace or the greater part of them in their general or quarter sessions, every person so refusing shall incur the danger and penalty of PrcBmunire, mentioned in a statute made in the sixteenth year of the reign of King Richard the Second, (except women covert, who shall be cornmitted only to prison, there to remain without bail or 16 R’ 2. c. 5. mainprize till they will take the said oath.) 1 91. s. 27. And be it further enacted. That every person refus- Disabled to exe. ing to take the said oath as above, shall be disabled, to all practice intents and purposes, to execute any public place of judica- Sces®*^®® ture, 01 bear any other office (being no office of inheritance or ministerial function) within this your highness realm of England: Or to use or practise the common law or civil law, or the science of physick or surgery, or the art of an apothe- cary, or any liberal science, for his or their gain, within this realm, until such time as the same person shall receive the same oath, according to the intent of this statute. No. 92. — 1 Will. & M. sess. 1, c. 8. An Act for the abrogating of the Oaths of Supremacy and Allegiance^ and appointing other Oaths. s. 1. Whereas by a statute made in the first year of the \Eliz.c. l. reign of our late sovereign lady queen Elizabeth, intituled. An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual, and abolishing all foreign powers repugnant to the same, the persons therein mentioned were obliged to take an oath therein mentioned, commonly called The Oath of Supremacy : And whereas by another statute made in the third year of the reign of our late sovereign lord King James the First, intituled, An Act 3 i c 4 for the better discovering and repressing Popish Recusants, ^ 1 another oath, commonly called, The oath of allegiance or i obedience, was required to be taken by the persons therein I mentioned. [ s. 2. Be it enacted by the king and queen’s most excellent The old oaths of najesties, by and with the advice and consent of the lords and ■piritual and temporal, and the commons, in this present par- abrogated ! lament assembled, and by the authority of the same. That rom henceforth no person whatsoever shall be obliged to take 156 1 Will. & M. c. 8. [appendix I. 1 Hale's P. C. 62. The new oaths and declaration bywhomandhow to be taken. Before whom the new oaths are to be taken, and de- claration to be made and sub- scribed. All persons which shall be in office shall take the oaths, &c. The penalty for neglect. the said oaths, or either of them, by force or virtue of the said statutes, or either of them, or any other statute whatso- ever, but that the said statutes, and every other statute, for so much only as concerns the said oaths, and the said oaths themselves, shall be and are hereby repealed, utterly abrogated and made void. s. 3. And be it further enacted by the authority aforesaid. That the oaths appointed by this present act to be taken, and the declaration likewise appointed by this present act to be made, repeated, and subscribed, shall, from and after the first day of Mai/, in the year 1689, be taken, made, repeated, and subscribed by every such person and persons as were appointed and required by any act or acts whatsoever, to take the said abrogated oaths of supremacy and allegiance, or either of them, before such person or persons as hereafter in this act is ex- pressed ; that is to say, all and every archbishop and bishop that now is, and all and every person, of or above the degree of a baron of parliament, in their majesties high court of chan- cery, or in their majesties court of king’s bench, in publick and open court, between the hours of nine of the clock and twelve in the forenoon, before the end of Trinity term next, or at the general quarter sessions to be h olden for that county or place where he or they shall be, inhabit, or reside, in open court, between the said hours of nine and twelve of the clock in the forenoon, before the first day of August next ; all which shall be put on Record in the respective Courts. s. 4. And all and every other such Person and Persons shall take the said Oaths, and make, repeat, and subscribe the said Declaration by this present Act required to be taken, made, and subscribed, before such Person or Persons respec- tively, as by any Act or Acts were authorized or impowered to tender the said Oath of Allegiance now abrogated and made void; which said Person or Persons so respectively authorized to minister or tender the said Oaths and Declara- tion, are hereby required to minister and tender the same accordingly. s. 5. And be it further enacted by the Authority aforesaid. That all Persons (other than such concerning whom other Provision shall be made in this Act, or in any other Act of this present Session of Parliament) that shall hereafter be admitted into any office or employment Ecclesiastical or Civil, or come into any capacity, in respect or by reason whereof they sliould have been obliged by any statute to take the said abrogated oaths, or either of them, shall take the oaths hereby appointed, in such manner, at such times, before such per- sons, and in such courts and places, as they should or ought to have taken the said former oaths, or either of them, in case the same had not been abrogated, as aforesaid. And that every such person, who shall neglect or refuse to take the same, shall incur and be liable to the same penalties, forfei- tures, disabilities, and incapacities, as by any such statute was PART III.] 1 Will. & M. c. 8. 157 appointed, for or upon neglect, or refusal, to take the said former oaths hereby abrogated, or either of them. s. 9. And be it further enacted, That if any such other Persons refusing- person or persons (other than the persons specially above- ^ o?tender^1:o^^ mentioned) shall refuse to take the said oaths, or either of be commitS. ^ them, when tendered to him or them by any persons lawfully authorized, as is aforesaid, to administer or tender the same ; the person or persons so tendering the said oaths, or either of them, shall commit the said person and persons so refusing, to the common gaol or house of correction, there to remain with- out bail or mainprize, for the space of three months, unless such offender shall pay down to the said person or persons so tendering the said oaths, or either of them, such sum of money, not exceeding forty shillings, as the said person or persons so tendering the said oaths, or either of them, shall require such offender to pay for his or her said refusal ; which money shall be paid to the churchwardens or overseers of the poor, for the relief of the poor of the parish or place where such offender did last inhabit : And if at the end of three months after such Second refusal, refusal, the person and persons so refusing shall again refuse to take the said oaths, or either of them, when lawfully tendered to him or them, as is aforesaid ; the said person or persons so tendering the said oaths, or either of them, shall commit the said person and persons so refusing to the common gaol or house of correction, there to remain for the space of six months, unless every such offender shall pay down to the person or persons so tendring the said oaths, or either of them, such sum of money, not exceeding ten pounds, nor under five pounds, as the said person or persons so tendring the said oaths, or either of them, shall require such offender to pay for his or her said second refusal ; the said money to be disposed in manner afore- said ; and unless every such offender shall become bound with two sufficient sureties, with condition to be of the good beha- viour, and also to appear at the next assizes or general gaol delivery to be holden for the county, liberty, or place where such offender shall then inhabit or reside ; at which assizes or gaol delivery the said oaths shall be again tendered to every such offender by the justices of assizes or gaol delivery, in their open assizes or gaol delivery ; and if the said offender shall Third refusal, refuse to take the said oaths, or either of them, when tender- ed to him or her by the said justices of assizes or gaol delivery, as is aforesaid, then every person and persons so refusing, shall be and is and are hereby adjudged incapable of any office, civil or military, within this kingdom, and shall likewise be and remain bound to the good behaviour, until he or they dp take the said oaths : and in case such person or persons shall refuse Penalty for re- also to make and subscribe the declaration mentioned in the declara- statute made in the thirtieth year of the reign of King Charles, 30 Car. 2, stat. % the second, in titled. An act for the more effectual preserving the k King's person and government, hy disabling Papists from sit- ting in either house of parliament, such person and persons shall suffer all pains, penalties, forfeitures, and disabilities as a po- o 158 1 Will. & M. c. 8. [appendix I, pish recusant convict, and be taken and deemed a popish recu- sant convict to all intents and purposes whatsoever. Oaths by this act s. 12. And be it enacted, That the oaths that are intended and required to be taken by this act, are the oaths in these express words hereafter following ; “ I A, JB, do sincerely promise and swear, That I will be faithful, and bear true allegiance, to their majesties King William andi Queen Mary So help me God, §’c. « I A. B, do swear, that I do from my heart abhor, detest, and abjure, as impious and heretical, that damnable doctrine and position. That princes excommunicated or deprived hy the Pope, or any authority of the see of Rome, may he deposed or murdered hy their subjects, or any other whatsoever, « And I do declare. That no other prince, person, prelate, , state, or potentate, hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical • or spiritual, within this realm : , ^ - So help me God, ^c, , Names of persons who take the oaths to be in- rolled. to be viewed without fee. Twelve pence for the oath. s. 13. And be it further enacted by the authority aforesaid, ^ That the names of all and singular such persons and officers , aforesaid that do or shall, in the court of Chancery, Kings Bench, or Quarter Sessions take the oaths by this act required or appointed to be taken, shall be in the said respective courts . of Chancery and King’s Bench, and the Quarter Sessions, inr oiled with the day and time of their taking the same, in - rolls made and kept only for that intent and purpose, and for ; no other. The which rolls, as for the court of Chancery, ^ shall be publickly hung up in the office of the petty-bag; and| the rolls for the King’s Bench, in the crown office of the saidj court ; and in some public place in every Quarter Sessions, and^ there remain during the whole term, every term, and during the > whole time of the said sessions, in every Quarter Sessions, for; every one to resort to, and look upon without fee or reward. ' And none of the person or persons aforesaid shall give or pay, as any fee or reward to any officer or officers belonging to any of the courts, as aforesaid, above the sum of twelve pence tor his or their entry of his or their taking of the said oaths by this act required or appointed to be taken. PART HI.] 5, 6 Will. & M. c. 20. 159 No. 93.-5, 6 Will. & M. c. 7. (a) An Act for granting to their Majesties certain rates and duties upon Salty and upon Beery Ale, and, other liquors, for se- curing certain recompences and advantages in the said Act mentioned, to such persons as shall voluntarily advance the sum of ten hundered thousand pounds, towards carrying on the war against France. s. 57. Provided always, and be it enacted by the authority aforesaid. That no member of the house of commons shall at any time be concerned, directly or indirectly, or any other in trust for him, in the farming, collecting, or managing, any of the sums of money, duties, or other aids granted to their Ma- jesties by this act, or that hereafter shall be granted by any other act of parliament, except the commissioners of the trea- sury, and the officers and commissioners for managing the customs and excise, not exceeding the present number in each office, and those appointed to be commissioners for putting in execution an act, intituled, ^^An Act for granting to their Ma^ jesties an aid of four Shillings in the pound for one year, for carrying on a vigorous war against France,” as to their execu- ting only the authority of the said act, by which they are ap- pointed commissioners. Provided always, That Thomas Neale Esquire may be employed by their Majesties as they shall think fit, in the ordering, or managing the several recompences and advantages hereby given to the contributors upon this act ; any thing in this act contained to the contrary notwith- standing. No. 94.-5, 6 Will. & M. c. 20. An Act for granting to their Majesties, several Rates and Du- ties upon Tonnage of Ships and Vessels, and upon Beer, Ale, and other liquors, for securing certain Recompences and Advantages in the said Act mentioned, to such persons as shall voluntarily advance the Sum of Fifteen hundred thousand Pounds towards the carrying on the War against France. [This act, s. 20, enabled their majesties by letters patent, to direct how the said sums should be transferrible and trans- ferred, and to incorporate the subscribers, by the name of “ the governor and company of the hank of England.”] (a) By the 41 Geo. 3. c. 52. 5- 1, all persons disabled from being elected or sitting in the house of commons of Great Britain, are disabled from being elected or sitting as members for places in Great Britain', pro- vided [s. 3,) that this act shall not enable persons heretofore disabled by act of parliament of Great Britain from sitting in the house of com. mons of Great Britain, to sit as members for places in Ireland, &c. No members, ex- cept commis- sioners of trea- sury, &c. to be farmers, collec- tors or managers of duties. 160 7, 8 Will. III. c. 25. [appendix 1. ifaroenTma^ whereas by an act of this present session of co^ern ”d1n the parliament, entitiiled, “ An act for granting to their majesties corporation. 5 & certain rates and duties upon salt, and upon beer, ale, and other QW.8sM.C‘l. liquors, for securing certain recompences and advantages, in the said act mentioned, to such persons as shall voluntarily ad~ vance the sum of ten hundred thousand pounds towards carrying on the war against France, it is enacted, that no member of the house of commons shall at any time be concerned in the farming, collecting, or managing any sum or sums of money, duties or other aids by the said act or any other act of parlia- ment granted or to be granted to their majesties, except the persons in the said act excepted ; and whereas some doubts may arise, whether any member or members of parliament may be concerned in the corporation to be erected in pursuance of this act be it therefore declared and enacted by the au- thority aforesaid, that it shall and may be lawful to and for any member or members of the house of commons, to be a member or members of the said corporation for the purposes in this act mentioned ; any thing in the said recited act con- tained to the contrary in anywise notwithstanding. No. 95 7, 8 Will. III. c. 25. An Act for the further regulating Elections of Members to serve in Parliament, and for the preventing irregular Pro- i ceedings of Sheriffs, and other Officers, in the electing and returning such Members, None under s. 8. “ And be it further enacted, that no person whatso- { t^vote'or to ever, being under the age of one and twenty years, shall at i elected members, any time hereafter be admitted to give his voice for election of I any member or members to serve in this present, or any future parliament ; and that no person hereafter shall be capa- v ble of being elected a member to serve in this or any future ■ parliament, who is not of the age of one and twenty years ; and every election or return of any person under that age is hereby declared to be null and void ; and if any such minor hereafter chosen shall presume to sit or vote in parliament, he shall incur such penalties and forfeitures as if he had presumed to sit and vote in parliament without being chosen or re- turned. ” PART III.] 12, 13 Will. HI. c. 2. 161 No. 96 11, 12 Will. III. Ir. c. 2. An Act for granting an Aid to his Majesty hy Sale of the For- feited and other Estates and Interests in Ireland, and by a Land Tax in England, the several purposes therein men- tionedf 2s. in the Pound. s. 150. An be it enacted by the authority aforesaid. That No member of no member or the house or commons in this present or any after 24 Jm»wingoath. same time, take and subscribe the following oath ; videliceU s. 2. I A, B, do swear. That I truly and bond fide have such an estate in law or equity, and of such value, to and for my own use and benefit, of or in lands, tenements, or here- ditaments, over and above what will satisfy and clear ail incumbrances that may affect the same, as doth qualify me to be elected and returned to serve as a member for the place I am returned for, according to the tenor and true meaning of the acts of parliament in that behalf ; and that such lands, tenements, or hereditaments, do lie as described in the paper or account signed by me, and now delivered to the clerk of the house of commons. So help me God. And the said house of commons is hereby impowered and required to administer the said oath and subscription, according to the directions of this act, as occasion shall be, from time to time, to every person duly demanding the same, imme- diately after such person shall have taken the oaths of alle- giance, supremacy, and abjuration at the said table : and the said oath and subscription herein before directed to be taken and made, shall be entered in a parchment roll, to be provided The schedule to for that purpose by the clerk of the house of commons ; and the said papers or accounts so signed and delivered in to the 172 Any member presuming’ to act contrary hereto, or without being duly qualified, his election is void ; and a new writ is to issue. Persons except- ed out of the general qualifica- tion. 11 Geo. III. c. 42. [appendix 1. said clerk as aforesaid sail be filed and carefully kept by him. s. 2. And be it further enacted by the authority aforesaid, That if any person, who shall be elected to serve in any future parliament as a knight of a shire, or as a citizen, bur- gess, or baron of the cinque ports, shall presume to sit or vote as aforesaid as a member of the house of commons, before he has delivered in such paper or account, and taken and subscribed such oath as aforesaid, or shall not be qualified according to the true intent and meaning of the said recited act, and of this act ; his election shall be and is hereby declared to be void, and a new writ shall be issued to elect another member in the said person’s room. s. 3. Provided always. That nothing in this act contained shall extend to the eldest son or heir apparent of any peer or lord of parliament, or of any person qualified to serve as a knight of a shire, or to the members for either of the univer- sities in that part of Great Britain called England^ or to the members for that part of Great Britain called Scotland. No. 107.-10 Geo. III. c. 16 (a). An Act to regulate the Trials of controverted Elections, or Returns of Members to serve in Parliament, (b) A.D. 1770. [Repealed by the 9 Geo. IV. c. 22.] No. 108 11 Geo. III. c. 42. An Act to explain and amend an Act made in the last Session of Parliament, intituled, An act to regulate the Trials of controverted Elections, or Returns of Members to serve in Parliament. A.D. 1771. [Repealed by the 9 Geo. IV. c. 22.] (а) By the 41 Geo. 3. c. 101, temporary provisions, and by the 42 Geo 3. c. 106, permanent provisions were made that all regulations pre- j scribed by act of the parliament of Great Britain, and in force at the i time of the union respecting petitions complaining of undue elections, i returns, rights of choosing, &c. should be extended to petitions from ! any place in the united kingdom. But this was repealed by the 9 Geo. 4. j c. 22. (б) For the jurisdiction of the house of commons in the trial of con- troverted elections, see Mr. Douglas's Introd. to his cases on that sub- j ject, s. 1., a very useful and correct publication. The above act, 10 Geo. 3. c. 16, was imagined and accomplished by Mr. Grenville, though he did j not live to enjoy the just applause, which has on that account been | lavished on his memory. The act passed A.D. 1770, and he died on the | 13th of November of that year. This act was originally limited to seven 1 P^\RT III.] 14 Geo. III. c. 58. 17 S No. 109.— 14 Geo. III. c. 15. An Act for making perpetual two Acts, passed in the tenth and eleventh Years of the Reign of his present Majesty, for regulating the Trials of controverted Elections, or returns of Members to serve in Parliament, A.D. 1774. [Repealed by the 9 Geo, IV, c, 22.] No. 110.— 14 Geo. III. c. 58. An Act for repealing an Act, made in the first year of the reign of King Henry the Fifth ; and so much of several Acts of the eighth, tenth, and twenty-third years of King Henry the Sixth, as relates to the residence of persons to he elected Members to serve in Parliament, or of the persons by whom, they are to he chosen, s. 1. “ Whereas an act of parliament was made in the first ] Hen. 5. year of the reign of king Henry the fifth, ordaining and es- tablishing what sort of people shall be chosen, and who shall be the choosers of the knights and burgesses of the parlia- ment ; and also an act in the eighth year of the reign of king s Hen, (5. Henry the sixth, ordaining what sort of men shall be choosers, and who shall be chosen knights of the parliament ; and also an act in the tenth year of the reign of his said majesty, re- 10 Hen. t). quiring certain things in him who shall be a chooser of the knights of parliament ; and also an act in the twenty-third year of the reign of his said majesty, directing who shall be knights for the parliament, the manner of their election, and the remedy where one is chosen and another returned : and whereas several provisions contained in the said acts have been found by long usage, to be unnecessary, and are become obsolete : In order therefore to obviate all doubts that may arise upon the same, may it please your majesty that it may be enacted ; and be it enacted by the king’s most excellent majesty, by and with the advice and consent of the lords spi- ritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that the said act made in the first year of the reign of his majesty king Henry the fifth, and every part thereof ; and so much of the said several acts, made in the eighth, the tenth, and the twenty- third years of the reign of his majesty king Henry the sixth, as relates to the residence of persons to be elected members to years — but four causes having' been tried under it, the justice of the deci- sions (so different from former examples) rendered it almost the idol of the public : and in 1774, a bill was brought into the house of commons, and passed into a law, which made it perpetual, 14 Geo. 3. c. 15 . — Note to Runnington^s Statutes. p3 174 22 Geo. III. c. 45. [appendix 1. serve in parliament, or of the persons by whom they are to be chosen, shall be, and the same are hereby repealed.” Persons holding contracts for the publick service, incapable of be- ing elected, or sitting in the house of com- mons. Any member ac- cepting a con- tract, or continu- ing to hold any contract after the eoraraencenient of the next ses- sion, his seat shall be void. No. 111.-22 Geo. III. Ir. c. 45. An Act for restraining any Person concerned in any Contract, Commission, or Agreement made for the Public Service, from being elected, or sitting and voting as a Member of the House of Commons, s. 1. For further securing the freedom and independence of parliament, be it 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 from and after the end of this present session of parliament, any person who shall, directly or indirectly, himself or by any person whatsoever in trust for him, or for his use or benefit, or on his account, un- dertake, execute, hold, or enjoy, in the whole or in part, any contract, agreement, or commission, made or entered into with, under, or from the commissioners of his majesty’s treasury, or of the navy or victualling office, or with the master general or board of ordnance, or with any one or more of such commis- sioners, or with any other person or persons whatsoever, for or on account of the public service ; or shall knowingly and wil- lingly furnish or provide, in pursuance of any such agreement, contract, or commision, which he or they shall have made or entered into as aforesaid, any money to be remitted abroad, or any wares or merchandize to be used or employed in the service of the public, shall be incapable of being elected, or of sitting or voting as a member of the house of commons, during the time that he shall execute, hold, or enjoy any such contract, agree- ment, or commission, or any part or share thereof, or any benefit or emolument arising from the same. s. 2. And be it further enacted by the authority aforesaid, That if any person, being a member of the house of commons, shall, directly or indirectly, himself, or by any other person whatsoever in trust for him, or for his use or benefit, or on his account, enter into, accept of, agree for, undertake, or execute, in the whole or in part, any such contract, agreement, or commis- sion as aforesaid ; or if any person, being a member of the house of commons, and having already entered into any such con- tract, agreement, or commission, or part or share of any such contract or agreement, or commission, by himself, or by any other person whatsoever in trust for him, or for his use or benefit, or upon his account, shall, after the commencement of the next session of parliament, continue to hold, execute, or enjoy the same, or any part thereof, the seat of eveiy such per- son in the house of commons shall be, and is hereby declared to be void. PART HI.] 2*2 Geo. HI. c. 45 . 175 s. 3. Provided always, and be it enactedi, That nothing here=- in contained shall extend, or be construed to extend, to any contract, agreement, or commission, made, entered into, or accepted, by any incorporated trading company in its corporate capacity, or to any company now existing or established and consisting of more than ten persons, where such contract agreement, or commission, shall be made, entered into, or ac- cepted, for the general benefit of such incorporation or com-- pany. s. 4. Provided also, and be it enacted. That nothing in this act contained shall extend, or be construed to extend, to any contract, agreement, or commission, made, entered into, or ac- cepted, before the passing of this act, the term whereof will expire in the space of one year from the time of making thereof. s. 5. Provided also, and be it enacted. That where any con- tract, agreement, or commission, has been made, entered into,, or accepted, with a provision that the same shall continue un- til a year’s notice be given of the intended dissolution thereof,, the same shall not disable any person from sitting and voting in Parliament until one year after the said notice shall be ac- tually given for the determination of the said contract, agree- ment, or commission, or till after twelve calendar months, tO' be computed from the time of passing this act. s. 6. Provided also, and be it enacted. That nothing herein contained shall extend, or be construed to extend, to any per- son on whom, after the passing of this act, the completion of any contract, agreement, or commission, shall devolve by de- scent or limitation, or by marriage, or as devisee, legatee, executor, or administrator, until twelve calendar months after he shall have been in possession of the same. s. 7. Provided also, and be it enacted, That any person who is now a member of the house of commons, and holds and en- joys any such contract, agreement, or commission, a& aforesaid, may be discharged from the execution thereof, on giving twelve months’ notice to the person or persons with or from whom^ s?ich contract, agreement, or commission, is made, entered into, or accepted, of his desire that the same shall cease and deter- mine ; and such contract, agreement, or commission,, after the expiration of the term aforesaid, shall be null and void^ s. 8. Provided also, That if any person actually possessed of a patent for a new invention, or a prolongation thereof by act of parliament, and having contracted with government concerning the object of the said patent before the passing of this act, shall give notice of his intention to dissolve the said contract, the same shall be null and void from the time of giv- ing such notice. s. 9. And be it further enacted, by the authority aforesaid. Election siiall bp That if any person hereby disabled, or declared to be incapable void, to sit or vote in parliament, shall nevertheless be returned as a member to serve for any county stewartry, city, borough, town, cinque port, or place, in parliament, such election and 176 25 Geo. ML c. 84. [appendix I. Disabled persons who shall sit in the house of commons after this session, shall forfeit 500/. for each day. Condition to be inserted in all public con- tracts. Penalty on con- tractors who ad- mit any member to any share, Sic. Limitation of actions. return are hereby enacted and declared to be void : And if any person disabled and declared incapable by this act to be elected, shall, after the end of this present session of parliament, presume to sit or vote as a member of the house of commons, such per- son so sitting or voting shall forfeit the sum of five hundred pounds for every day in which he shall sit or vote in the said house, to any person or persons who shall sue for the same in any of his majesty’s courts at Westminster ; and the money so bill, plaint, or information, in which no essoin, privilege, pro- forfeited shall be recovered by the person or persons so suing, with full costs of suit, in any of the said courts, by any action of debt, tection, or wager of law, or more than one imparlance, shall be allowed ; or by summary complaint before the court of session in Scotland ; and every person, against whom any such penalty or forfeiture shall be recovered by virtue of this act, shall be from thenceforth incapable of taking or holding any contract, agreement, or commission, for the public service, or any share thereof, or any benefit or emolument from the same, in any manner whatsover. s. 10. And be it enacted. That in every such contract, agreement, or commission, to be made, entered into, or ac- cepted, as aforesaid, there shall be inserted an express condi- tion, that no member of the house of commons be admitted to any share or part of such contract, agreement, or commission, or to any benefit to arise therefrom : And that in case any per- son or persons who hath or have entered into or accepted, or who shall enter into or accept, any such contract, agreement, or commission, shall admit any member or members of the house of commons to any part or share thereof, or to receive any benefit thereby, all and every such pereon and persons shall, for every such offence, forfeit and pay the sum of five hundred pounds ; to be recovered, with full costs of suit, in any of his majesty’s courts of record at Westminster, by any person or persons who shall sue for the same, by any action of debt, bill, plaint, or information, in which no essoin, privilege, protection, or wager of law, or more than one imparlance, shall be allow^ed; or by summary complaint before the court of session in Scot- land. s. 1 1 . Provided also, and be it enacted, that no person shall be liable to any forfeiture or penalty inflicted by this act, unless a prosecution shall be commenced within twelve calendar months after such penalty or forfeiture shall be incurred. No. 112.— 25 Geo. III. Ir. c. 84. [The 10th section contained some provisions for the hearing of petitions where no return, or a special return, not of mem- bers, was made, &c. Repealed by the 9 Geo. IV. c, 22.] PART III.] 33 Geo. III. c. 36. 177 No. 113.— 28 Geo. III. Ir. c. 52. An Act for the further Regulation of the Trials of Contro- verted Elections, or Returns of Members to serve in Parlia- ment. A.D. 1788. [ Repealed by tbe 9 Geo. 1 V. c. 22, save so far as it repeals part of a former act.] No. 114.— 30 Geo. Ill, c. 10. An Act for the better support of the dignity of the Speaker of the House of Commons ; and for disabling the Speaker of the House of Commone for the time being from holding any 6 45 Geo. III. c. 59. [appendix I. l’*'rson3 having- fr.^eholds arising- from a deed or lease, to describe the same in the outh to be taken by them. Oath to be re- corded. Deed or lease produced by per. sons taking^ the aforementioned oath, how to be r(‘g^istered. reditaments, as the case may be,] of the clear yearly value of forty shillings at the least, above all charges payable out of the same, lying and being at , [naming the town-land or town-lands, or other denomination by which the place is generally known, and barony or half-barony, or baro- nies or half-baronies, wherein it is situate,] in this county, [and, if in a city or town, or county of a city or town, naming the same, and the street, and square, row, alley, lane or place ;] and that the said freehold does not arise from a rent-charge, and that the same arises by virtue of the deed, lease, or in- strument which I now produce, bearing date the day of , in the year , for the life or lives qf A. B. and C, D„ [or, in case the said freehold be not for life or lives, then stating the nature of his tenure, as the case may be,] at the yearly rent of , and that I am in the actual occupation thereof, by residing thereon, or by tilling, or by grazing, or by both tilling and grazing, [as the case may be,] to the amount of at least forty shillings yearly va- lue thereof ; and that the said freehold is not set, or agreed to be set, to the person or persons who executed the said deed, lease, or instrument, or to the heirs or assigns of such person or per- sons, or to any one in trust for him, her, or them, por do I intend to set the same to such person or persons, or any of them ; and that I have not agreed to set it, for the term for which I hold it ; nor have I procured it fraudulently, or in exchange for a freehold in any other county. So help me God. And if the freehold, in right or virtue whereof any person shall desire to qualify himself to vote, shall not arise by virtue of a deed, lease, or instrument, the person desiring to register it shall describe the same in the oath or affirmation so to be taken by him, according to the true state and nature of his tenure ; in w'hich case the words in the foregoing oath, im- porting that the same arises by virtue of deed, lease, or instru- ment, shall be omitted, and such description inserted in the place thereof. s. 2. And be it enacted. That every such oath or affirma- tion shall be read aloud in open court, and be signed by two at least of the justices presiding there ; and shall be then delivered by the court to the acting clerk of the peace, to be filed and kept amongst the records of the county, county of a city, or town, wherein such freehold shall lie. s. 3. And be it further enacted. That every deed, lease, or instrument, produced by any person making the affidavit or affirmation aforesaid, shall be indorsed at the time, in open court, by the acting clerk of the peace, with his name, and the day of the month and year ; and the clerk of the peace shall then and there compare the deed, lease, or instrument, with the affidavit of registry ; and he shall, within ten days from the date thereof, enter in the book of his registry, the date thereof, the names of the parties, and the name or names of the life or lives for which the same is held. PART IV. J 45 Geo. III. c. 59. 207 s. 4. And be it fiirtlier enacted, That from and after the Persons not to twenty-ninth day of September one thousand eight hundred holdisregiSered and nine, no person shall be admitted to vote at any election to be held in Ireland, for a member or members to sei*ve in parliament, by virtue of a freehold under the clear yearly value of twenty pounds, who shall not have so registered his freehold twelve calendar months, at the least, before the teste of the writ for holding the election at which he shall offer his vote ; and that every person who shall offer to vote as a free- From whom holder, in right of a freehold under the yearly value of twenty pounds, shall, before he shall be admitted to poll at any elec- tion, if required by the sheriff, or any elector, declare, upon oath, from whom he holds or derives his freehold, if he holds it under any person or persons ; and if the same be situate in Where situate, a city, town corporate, or market-town, and describe the street, or part of the city or town in which the same is situate, and who are his next resident neighbours, and when the same was granted, and for what life or lives, and whether such life or lives, or any of them, is or are in being at the time of such election ; and whether he is the person who actually regis- tered the freehold under which he desires to vote ; and the said declarations, in all such cases, shall be entered in the poll-book taken by the sheriffs, or their deputies, at such election ; and And be sworn, he shall, if so required by any elector, before he be admitted to poll, take the following oath : Form of oath. “ I, A. B,, of in the county of [or, of the town or city of ] do swear, [or, if a Quaker, do affirm,] that I am a freeholder of this county ; and that I have a freehold therein, arising from a house or houses, land, or both, or other hereditaments, [as the case may be,] of the yearly value of forty shillings at the least, above all charges payable out of the same, lying and being at in the barony or baronies, half-barony or half-baronies, of in this county, [and if in a city or town, or county of a city or town, naming the same, and the street, square, row, alley, lane, or place ;] and that the said freehold does not arise from a rent-charge. So help me God.” Additional form s. 5. Provided always, and be it further enacted. That if any candidate or elector shall desire the words following to be added, “ and that the same arises by virtue of a deed, lease or instrument, [or otherwise, as the case may be] bearing date the day of in the year for the life or lives of ; and that the said one of the aforesaid lives, is still alive, to the best of my know- ledge and belief [unless he is himself one of the lives, in which case he shall swear], “that I am one of the lives therein,” instead of the words, “ that the said one of the aforesaid lives, is still alive, to the best of my knowledge and belief [or in case the said freehold be not for life or lives, then stating the nature of his tenure, or the words fol- lowing,] ‘‘ and that I have been in the actual occupation there- •208 45 Geo. III. c. 59. [appendix I. For filling" up blanks in affirma- tions. Repealing pro- visions of former act. Punishing per- sons granting fraudulent free- holds. Penalty on per- sons making grants, to induce lessees to register them as free- holds. Clerk of the peace to take an oath. of for twelve successive calendar months, between [naming the day he registered the same,] and [naming the date of the teste of the writ for holding this election,] by residing thereon, or by tilling and by grazing, or by both tilling and grazing, [as the case may be] to the amount of at least forty shillings yearly value thereof [as the case may be] or the words following, ‘‘ and that the said freehold is not set, or agreed to be set, to the person or persons who ex- ecuted the said deed, lease, or instrument, or to the heirs or assigns of such person or persons, or to any one in trust for him or them ; nor do I intend to set the same to such person or persons, or any of them ; and that I have not set it, or agreed to set it, for the term for which I hold it ; and that I have not been polled before at this election ; and that I am, to the best of my belief, of the age of twenty-one years:’* the same shall, or so much thereof as shall be sodesired, shall be added to the said oath or affirmation, before the person offering to vote shall be admitted to polL s. 6. And be it further enacted, that the blanks in the said oath or affirmation shall be filled up in conformity to the oath or affirmation, which the person going to take the same shall have taken at the time of his registering such freehold. s. 7. And be it further enacted. That from and after the commencement of this act, all the provisions, clauses, condi- tions, regulations, and penalties, of the said recited acts, or any acts amending the same, with respect to freeholds, under the yearly value of twenty pounds, and which are not hereby altered or repealed, shall be applied, construed, deemed, and taken to extend to freeholds under the value of twenty pounds, the registry whereof is by this act directed and required, as fully and effectually as if the same were hereby and herein, specifically enacted and applied thereto. s. 8. And be it enacted. That if any person or persons shall fraudulently and knowingly grant any interest importing to be a freehold which really is not so, with intent to enable any person to vote, such grant shall be good and valid against the grantor thereof for every purpose but enabling the grantee to vote. s. 9. And be it further enacted. That if such grantor shall be possessed only of a term of years therein, and shall demise the same, or any part thereof, for a life or lives, with intent to induce the lessee therein to register such as a freehold, or to vote as a freeholder thereout, he shall forfeit the sum of one hundred pounds to any person who shall sue for the same by action, bill, plaint or information in any court of law. s. 10. And for the better securing the performance of the duties hereby and by the said in part recited apt, or by any other act or acts directed to be performed by the clerk of the peace or his deputy in respect to the registry of freeholds, be it further enacted. That the several clerks of the peace, or their deputies, of the several counties of Irelandy shall at the general quarter sessions of the peace, or adjournment thereof, PART ir.] Gro. hi. c. 59. 209 next after the passing of this act, or at the next general quarter sessions of the peace, or adjournment thereof, next after his appointment, take and subscribe an oath in the form following ; and which oath the justices presiding at the said session are hereby directed and empowered to administer : — “ I, A, JB.j clerk, or deputy clerk of the peace for the county of [as the case may be], do swear, that I will faithfully and honestly, and without favour or affection, perform and discharge the several duties directed to be per- ! formed by the clerks and deputy clerks of the peace, by an act passed in the parliament of Ireland, in the thirty-fifth year of the reign of his present majesty, intituled, An act for r eg u-- lating the election of members to serve in parliament, arid for repealing the several acts therein mentioned ; and by an act passed in the forty-fifth year of the reign of his present ma- jesty’s reign, intituled, [here set forth the title of this act] ; and that I will not demand or receive any fee or fees for dis- charging any of the said duties which I am not entitled to by law. ‘ So help me God.’ And which oath the said clerks and deputy clerks of the peace are hereby required to deliver to the treasurer of the county, to preserve amongst his records of the county. s. 11. And be it further enacted. That the said several and Returns of respective clerks and deputy clerks of the peace shall from time freeholders, to time, as directed by the said in part recited act of the thirty- fifth year of his present majesty’s reign, give to every free- holder who shall require the same, a full, true, and correct return of the names of all such persons as shall register their freeholds according to the directions of this act and of the said act of the thirty-fifth year of his present majesty’s reign, and shall certify at the foot thereof, that the said return so made is true and correct, according to the schedule hereunto an- nexed. s. 12. Provided always, and be it further enacted, That Act not to pre- nothing in this act contained shall extend, or be construed to persons extend, to prevent any person wdio shall have registered his limited time, freehold before the 1st day of August next ensuing, pursuant to the laws in force for that purpose, from voting at any elec- tion for a member or members to serve in parliament, the teste of the writ for holding which shall bear date before the twenty-ninth of September, one thousand eight hundred and nine ; but every person who might by the law in force vote at any such election, shall and may vote thereat as fully and freely, to all intents and purposes, as if this act had not been made, subject to all and singular the clauses, conditions, oaths, and regulations appointed and provided by the said in part re- cited act, provided he shall produce to the returning ofiicer, if required by him or any elector, the deed, lease, article, or agreement under which he shall have registered such freehold, duly executed, prior to such registry. s 3 210 45 Geo. III. c. 59. [appendix 1. Registry of s. 13. And for the greater convenience of registering free- freeholds. holds, be it enacted, That every adjournment of a sessions of the peace, and every adjournment of an adjournment shall be deemed a sessions of the peace within the meaning of the said act and this present act ; and in case there shall have been no adjournment of such sessions, or no adjournment of an adjournment of such sessions, and that such sessions shall in that case lapse, a sessions shall be holden at which the clerk of the peace, or his deputy, shall and is hereby required to attend for the purpose of registering of freeholders, the first Monday in the next month, at the place where the last general sessions of the peace shall have been held, for the purpose of register- ing freeholders; and every adjournment of every such ses- sions to any city or market town within the county shall be deemed and taken to be a sessions within the meaning of the said act, or this present act. Perjury. s. 14. And be it further enacted. That if any person, in taking any oath or affirmation hereinbefore appointed or au- thorized to be taken at any registry, or before any returning officer or officers, shall thereby commit wilful perjury, and be thereof convicted ; or if any person shall unlawfully and cor- ruptly procure or suborn any other person to take any such oath or affirmation, whereby he or such person or persons shall commit such wilful perjury, and shall be thereof convicted, he, or such person or persons so offending, shall incur such pains and penalties as are inflicted by any act or acts for the more effectual preventing and further punishment of perjuiy and subornation of perjury. Schedule to which this Act refers. Name of : freeholder and j residence. Name of [ landlord and 1 resi^dence. 1 Value of freehold. Description. Situation. Barony or half-barony. Names of life or lives, or other tenure. Rent. Date of Registry. PART IV.] 47 Geo. III. Sess. 1, c. 14. 211 No. 135.— 45 Geo. III. c. 91. An Act for appointing additional Commissioners for the better examining and auditing certain of the Public Accounts of Great Britain. July 10, 1805. s. 7. “ And be it further enacted and declared, That no commissioners commissioner to be appointed by virtue of this act shall, dur- not to be mem. ing his continuance in such office, be capable of being elected parlia- or of sitting as a member of the house of commons. No. 136 46 Geo. III. c. 141. An Act for making more effectual provision for the more speedy and regular Examination and Audit of the Public Accounts of this Kingdom, July 22, 1806. s. 22. Provided always, and be it enacted and declared, Commissioners That no commissioner appointed or to be appointed by virtue not eligible rs of this act, shall, during his continuance in such office, be ca- ^ pable of being elected or of sitting as a member of the house of commons. No. 137 47 Geo. III. Sess. 1. c. 1. An Act to revive and make perpetual and to amend an Act, made in the Forty-second Year of his present Majesty, for the further Regulation of the Trials of controverted Elec- tions or Returns of Members to serve in Parliament, and for expediting the proceedings relating thereto, IQth January, 1807. Repealed by the 9 Geo, IV, c, 22. No. 138 47 Geo. III. Sess. 1, c. 14. An Act to amend several Acts, for regulating the Trial of Controverted Elections or Returns of Members to serve in Parliament, so far as the same relate to Ireland. February 19, 1807. s. 1 . Whereas an act was made in the forty-second year of 42 Geo. 3. c. 106. the reign of his present majesty, intituled. An act for regulating the trial of controverted elections or returns of members to serve in the united parliament for Ireland, and it is expedient that 212 47 Geo. III. Sess. 1, c. 14. [appendix i. Clerk to commis- sioners for taking evidence under recited act shall be sworn. No person who has or claims a right of voting shall be a com- missioner to take evidence, nor clerk to such commissioners. Objection to such appointments when to be made. Lists of votes and voters objected to shall state the specific objec- tions to each j and if objections are stated in sup- port of which no evidence is pro- duced, they shall be deemed frivo- lous and vexa- tious, and the party objecting shall pay costs. further regulations should be made for carrying the said act into execution ; 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, from and after the passing of this act, when any per- son shall be appointed to be clerk to any commissioners under the said recited act, for the purpose of examining any matters or things refeiTed to them by any select committee of the house of commons, in manner directed by the said recited act, such person so appointed to be clerk shall be sworn by the chairman of the said commissioners, faithfully and truly to take down in writing the evidence adduced before the said commissioners, and from day to day, as occasion may require, to transcribe, or cause the same to be transcribed, for the use of the said commissioners ; and that in taking down the said evidence in writing, he will give the exact words in which such evidence shall be delivered in as accurate a manner as the same can possibly be done, and will in all things con- duct himself, as such clerk, without favour, affection, or malice, according to the best of his skill and judgment. s. 2. And be it further enacted. That no person shall be chosen or appointed to be a commissioner under the said re- cited act, for the purposes of examining any matters or things referred to commissioners by any select committee of the house of commons, for the trial of any petition under the provisions of the said recited act, or to be clerk to such com- missioners, who shall have voted at the election in question, or who shall have, or claim any right or title to vote for the county, city, borough, town, or place, respecting which the election or return complained of, or other subject-matter of such petition arose or happened without the consent and approbation, in writing, of the petitioners and sitting mem- bers by and against whom any such petition shall be preferred. s. 3. Provided always. That any objection to the appoint- ment of such commissioner shall be made at the time of his being chosen and appointed, and that any objection to the appointment of such clerk shall be made at the first meeting of the commissioners ; otherwise any objection, either to the appointment of commissioner or clerk, shall be invalid and of none effect ; and such appointment of commissioner or clerk shall be valid and effectual to all intents and purposes. s. 4. And be it further enacted. That the parties appearing before any select committee of the house of commons, under the said recited act, and delivering any lists of votes, or of the names of voters to which either of the said parties pur- pose and intend to object, shall, in such lists, specify and particularize against every vote, and against the name of every voter contained in such list, the specific and particular ground or grounds of objection upon which such party pur- poses and intends to object against such vote or voter respec- tively; and that no evidence shall be adduced before such PART IV.] 47 Geo. III. Sess. 1, c. 14. 213 select committee, or before any commissioners to be appointed under the said recited act, against the validity of any vote or voter, upon any ground of objection to such vote or voter, other than one of the grounds so specified and particularized ; and that if any ground of objection shall be stated against any vote or voter, and no evidence shall be produced before such select committee, or before such commissioners, to sub- stantiate the objection against such voter or voters, upon such ground of objection so stated ; and if the select commit- tee appointed for the trial of the petition whereon such pro- ceeding shall arise, shall be of opinion that such proceeding was frivolous and vexatious, the said committee shall report the same to the house of commons, together with their opi- nion on the other matters relating to the said petition ; and the party or parties against the voter or voters for whom any objection or objections shall be made, on which no evidence shall be produced, shall, in such case, be entitled to recover from the party or parties, by or on whose behalf any such objection or objections was or were made, the full costs and expenses incurred by reason of such frivolous and vexatious objection or objections ; which costs and expenses shall be ascertained and recovered in the same manner and form as are now provided by law for the recovery of costs and expenses in cases of frivolous or vexatious petitions, or frivolous or vexatious opposition to any petition. s. 5, And be it further enacted, That when any select Select commit- committee of the house of commons shall re-assemble to try and determine the merits of any petition under the said commissioners in recited act, after any proceedings shall have been had by or ^Ters before any commissioners appointed under the said recited act, pr^oduS^be- for examining any matter which shall have been referred to tore such com- them by such select committee, it shall and may be lawful for ™It^V°e^|ssem-^' such select committee to send for all or any such books, bling the corn- papers, and records, or other written documents, as were not^enter^ produced in evidence before such commissioners, in like man- into new points ner as such select committee might have done, if no such thereon, proceedings had been had by or before such commissioners, and without directing any warrant to the chairman of the said commissioners, and without ordering or directing the said commissioners to re-assemble : provided always, That such select committee shall, in all other respects, proceed to try the merits of such petition, in manner directed by the said recited act, and shall determine on all such matters and things as shall have been tried and examined by the said com- missioners from the written minutes of the evidence and pro- ceedings before the said commissioners, and from the inspec- tion of such books, papers, records, and documents, so far only as may relate to such evidence and proceedings ; but such select committee shall not call for, or receive in evidence, any extracts from such books, papers, records, or documents, other than such as were received and produced before such commissioners, nor to any point, or matter not in issue before such commissioners. 214 47 Geo. III. Sess. 1, c. 14. [appendix i. Clerk to com- missioners to be paid three pence per sheet only for (Topies of minutes and evidence. Limiting the sum to be re- ceived by the clerk to the com- missioners for copies of pro- ceedings, &c. Powers of for- mer act extended to this act. s. 6. And be it further enacted, That the clerk to be appointed by any commissioners for the purpose of examining matters and things referred to them by any select committee, under the said recited act, shall, from time to time, make or cause to be made, true copies of the minutes of all proceed- ings before such commissioners, and of all such evidence as shall be given or produced before them, and shall give one such copy to each of the parties interested, or his or their agent, or to such of them as shall demand the same, on being paid for each sheet of the said copy, consisting of seventy-two words, the sum of three-pence and no more ; and that for copies of the said minutes and evidence to be transmitted by such clerk of the commissioners to the clerk of the crown in Ireland, and to the speaker of the house of commons in manner directed by the said recited act, such clerk shall receive from the lords commissioners of the treasury in Dublin, such sum as the said commissioners, whose clerk he was, shall think fit, not exceeding in any case the sum of three-pence for every sheet consisting of seventy-two words, which such copy shall con- tain, and no more ; any thing in the said recited act to the contrary notwithstanding. s. 7. Provided always, and be it further enacted. That the sum to be received by any clerk to any such commissioners for such copies shall not, in any instance or under any rate of calculation, exceed the sum of fifty pounds for each such copy, containing as well the minutes of all proceedings as of all evidence given or produced before such commissioners, and delivered to either of the parties interested, or his agent, or transmitted to the clerk of the crown in Ireland, or to the speaker of the house of commons, respectively ; any thing in this act, or in the said recited act, to the contrary notwith- standing. [s. 8. This section, relating to the discharge of the order for taking a petition into consideration, is repealed by the 9 Geo. IV. c. 22, s. 1.] s. 9. And be it further enacted. That all the clauses, powers, penalties, and provisions in the said recited act of the forty-second year of his present majesty, mentioned and con- tained, and not hereby altered or repealed, shall be applied in execution of this act as fully and effectually, to all intents and purposes, as if the said clauses, powers, penalties, and provisions, were expressly repeated and re-enacted in this act. PART IV.] 48 Geo. III. Sess. 1, c. 140. 215 No. 139. — 47 Geo. III. sess. 2, c. 20. (c) An Act to enable His Majesty to appoint the Chancellor of the Exchequer t for the time being in Ireland, one of the Com^ missioners for executing the Office of Lord High Treasurer in Englanid, without Salary, Is^ August, 1807. s. 3. And be it enacted and declared, That the said appoint- be ment of the chancellor of the exchequer of Ireland, to be a deemed a place lord commissioner of the treasury in England, shall not be of profit, See, deemed or taken to be an appointment to a new office or place of profit under the crown, and that the chancellor of the ex- chequer of Ireland for the time being, so being one of the said lords commissioners of the treasury, shall not thereby be disabled from sitting or voting as a member of the house of commons, nor shall he thereby be rendered incapable of being elected a member of the house of commons, nor shall the ap- pointment of such chancellor of the exchequer to be such lord commissioner, make void his election, nor shall any new writ issue for a new election in consequence of the acceptance of such appointment, any thing in the said recited act,f or any 1 6 Ann, e. l, other act, to the contrary notwithstanding. No. 140.~48 Geo. III. c. 140. An Act for the more effectual Administration of the Office of a Justice of the Peace, and for the more effectual Prevention of Felonies within the District of Dublin Metropolis. 30^A June, 1808. s. 14, And be it enacted. That the said divisional justices Divisional jus- and receiver, and all other persons holding any office in bie^of^Uting^m^ or under the said police establishment, shall be incapable of the house of com- being chosen members of or sitting in the house of commons in any parliament during such time as they shall hold the said be barris^'rsln - offices respectively ; and that no barrister who shall be appointed capable of prac- or elected a divisional justice under this act, shall, while he C ) shall hold the said office, practise as a barrister in any court whatever, or do any business as a bandster out of court, in drawing deeds or pleadings in law or in equity, or any draft or drafts thereof respectively, or in giving any opinion or opinions, or otherwise ; and if any such barrister shall offend herein, he shall for every such offence forfeit the sum of five hundred pounds sterling. s. 15. And be it further enacted, that no barrister or other ko barrister or officer or person nominated or appointed by or under this act other officer a«t. (а) See the 56 Geo. 3. c, 98, and 57 Geo. 3. c. 48, by which the two ex- chequers were consolidated. (б) See the like clause in the 35 Geo. 3. Ir. c. 36. s. 102, repealed by this act. 216 48 Geo. III. c. 140. [appendix u ing* under this act, to vote in the election of members of par* liament. All crimes com- mitted within Circular-road to be tried in the (except the said divisional justices who shall be aldermen, sheriffs peers, or common councilmen), shall, during the time he shall continue in his office, or within six months after he shall have quitted the same, be capable of giving his vote for the election of a member to serve in parliament for the county of Dublin or the city of Dublin respectively, nor shall by word, message, writing, or in any other manner, endeavour to persuade any elector to give or dissuade any elector from giving his vote for his choice of any person to be a member to serve in parliament for the said county and city of Dublin respec- tively ; and every such officer or person as aforesaid, offending therein, shall forfeit the sum of one hundred pounds, one moiety thereof to the informer, and the other moiety to be paid to the said receiver of the said public offices, to be applied to the uses of the said establishment; to be recovered by any person that shall sue for the same, by action of debt, bill, plaint, or information, in any of his majesty’s courts of record at Dublin, in which no essoign, protection, privilege, wager of law, nor more than one imparlance shall be allowed; such ac- tion to be brought within the space of one year after such offence so committed ; Provided always that nothing in this act shall extend or be construed to extend, to subject such officer or person as aforesaid, to any penalty or penalties for any act or acts done by him, at or concerning any of the said elections in discharge of his duty or duties in his respective capacity. s. 57. (a) And, for caiTying into execution the good pur- poses of this act, be it enacted, That all treasons, felonies, mis- demeanors, crimes, and offences whatsoever, which shall here- (a) The 3 Geo, 3. Ir. c. 36, amended by the 15, 16 Geo. 3. c. 28, for making* more convenient the approaches to the city of Dublin^ by making* a new turnpike road on the S, the W. and the N. side, to com- mence at the road leading from Dublin to Donnybrook^ and to terminate at Cavendish-streety were repealed by the 17, *18 Geo. 3. Ir. c. 10, for making and keeping in repair a circular road round the city of Dublin. The 25 Geo. 3. Ir. c. 56, was passed for amending that act, and the 40 Geo. 3. Ir c. 74, for amending both. By the 17, 18 Geo. 3, the road was to be made sixty feet wide in the clear at the least, beginning at the river Anna Liffey near the Marine Nunrserify and from thence to the new bridge lately biiilt on the south of Kilmainhaniy and from thence across the said river Anna Liffi^ at or near Island BridgCy and to be continued on the outside of his majesty’s park, the Pkoenijb'y to the northward of Prussia-streety and the fields of Henry Meredythy esq., near the road from Dublm to Finglass, and from thence to the northward of Eccles-streety and from thence to the river Anna Liffey, eastward to the delph manufactory lately kept by Thomas Ash- bu/rne.** The 40 Geo. 3. s. 2, enables the directors of the road to divide it into two sections, one commencing at the bridge over the river Anna Liffey, called Sarah bridgCy and lying to the northward of the said river, and the other commencing at the said bridge, and lying to the southward, &c. ; and, by s. 5, the directors, with the approbation of the commis- sioners for making wide streets, &c., are empowered to alter and change such part and parts of the road as they shall judge advisable, and to lay out a new road in place thereof. See the Irish boundary act, 2, 3 Will A, c. 89, sched. 13. Dublin, by which such parts of the county at large as lie within “ the Circular- road,'' are included within the boundary of the city as to the elections of members or a member to serve in parliament. PART IV. J 48 Geo. III. c. 140. after be done or committed in any place situate in or upon any part of the circular road surrounding the city Duhliny or in any place situate within the limits circumscribed by the said Circular-road, shall be prosecuted, proceeded on, and tried in the same court and courts, and in the same manner in all re- spects, as if the same had been committed within the county of the city of Dublin, and shall be laid in any indictment to have been committed within the said county of the city of Duhlin\ and that as to the prosecution, apprehension, and trial of all persons charged with any of the said crimes or of- fences hereafter to be committed, the said Circular-road, and everyplace lying within the same, shall be and be deemed and taken to be part and parcel of the county of the city of Dublin, and that the sessions of the peace for the county of the city of Dublin shall not be adjourned for any greater length of time than from six weeks to six weeks, and that it shall and may be lawful to hold the said sessions during the law terms ; provided, however, that nothing herein contained shall prevent the holding of the sessions of the peace for the county of Dublin in the usual place for holding the same, or shall in anywise affect the prosecution or trial of any person accused of having committed perjury on any trial held before a jury of the county of Dublin, but that all and every the said matters shall proceed as if this act had not passed. s. 58. And whereas, the continuation of the said Circular- road is interrupted by his majesty’s park called the Phoenix, on the west side of the said city, by reason whereof doubts may arise as to divers parts and places adjacent thereto, whether the same ought to be deemed and taken to be within the limits surrounded by the said Circular-road or not ; for obviating of •which doubts, be it enacted. That where the said circular road is so interrupted on the west side of the said city, the wall bounding his majesty’s said park, the Phoenix, on the east side of the said park, and extending from the said Circular-road, where the same meets the said wall on the south side of the said park, to the said Circular- road, where the same meets the said wall on the north side of the said park, shall, as to the said purpose, be taken and considered as and in the place and stead of the said Circular-road; and that all places which would be within the limits surrounded by the said circular road, if the same were continued in the line in which the said piece of wall now runs, shall for the purpose aforesaid, be deemed, taken, and considered to be within the limits surrounded by the said Circular-road; provided, however, that nothing in this act contained shall in anywise be construed so as to prevent any offence from being prosecuted or tried in the county of the city of Dublin, which would by law have been so prosecuted or tried if this aet had not passed. s. 59. And -whereas, by the provisions of this act, the duties of the recorder of the city of Dublin will be considerably en- creased : And whereas his present salary is inadequate to the trouble and importance of his office ; be it therefore further t 217 county of the city of Dublin, Circular-road defined. Lord Lieutenant empowered out of police funds to increase recor- der’s salary. 218 49 Geo. III. c. 118. [appendix I. 2 G. 2. G. B. c. 24. Penalty on per- sons entering into any engage- ment for money, gifts, or rewards, to procure or en- deavour to pro- cure the election or return of a member to serve in parliament. enacted, That it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland for the time being, to direct the yearly sum of one thousand pounds, clear of all taxes and deductions, to be paid out of the funds applica- ble to the expenses of the said police establishment, to the said recorder of the city of Dublin^ clear of all taxes and deductions whatsoever, in augmentation of his salary. No. 141.— 49 Geo. III. c. 118. An Act for better securing the Independence and Purity of Parliament^ by preventing the procuring or obtaining of seats in Parliament by corrupt practices, \9thJuly, 1809. Whereas it is expedient to make further provisions for pre- venting corrupt practises in the procuring of elections and returns of members to sit in the house of commons : And whereas the giving, or procuring to be given, or promising to give or to procure to be given any sum of money, gift, or re- ward, or any office, place, employment, or gratuity, in order to procure the return of any Member to serve in parliament, if not given to or for the use of some person having a right or claiming to have a right to act as returning officer, or to vote at such election, is not bribery within the meaning of an act passed in the second year of King George the Second, inti- tuled, An act for the more effectual preventing bribery and cor- ruption in the election of members to serve in parliament, but such gifts or promises are contrary to the ancient usage, right, and freedom of elections, and contrary to the laws and consti- tution of this realm ; be it declared and 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 if any person or persons shall, from and after the passing of this act, either by himself, herself, or themselves, or by any other person or persosn for or on his, her, or their behalf, give or cause to be given, directly or indirectly, or promise or agree to give any sum of money, gift, or reward, to any person or persons, upon any engagement, contract, or agreement, that such person or per- sons to whom, to whose use, or on whose behalf such gift or promise shall be made, shall, by himself, herself, or them- selves, or by any other person or persons whatsoever at his, her, or their solicitation, request or command, procure or endeavour to procure the return of any person to serve in par- liament for any county, stewartry, city, town, borough, cin- que port, or place, every person so having given or promised to give, if not returned himself to parliament for such county, stewartry, city, town, borough, cinque port, or place, shall for every such gift or promise, forfeit the sum of one thousand PART IV.] 49 Geo. III. c. 118. •219 pounds, to be recovered in sucb manner as is berein-after pro- vided, with respect to the sum of five hundred pounds, and every such person so returned, and so having given or so ha- ving promised to give, or knowing of and consenting to such gifts or promises, upon any such engagement, contract, or agree- ment, shall be and is hereby declared and enacted to be dis- abled and incapacitated to serve in that parliament for such county, stewartry, city, town, borough, cinque port, or place, and that such person shall be deemed and taken, and is hereby declared and enacted to be deemed and taken to be no mem- ber of parliament, and enacted to be, to all intents, construc- tions, and purposes, as if he had never been returned or elected a member in parliament ; and any person or persons who shall receive or accept of, by himself, herself, or them- selves, or by any other person or persons in trust for or to the use or on the behalf of him, her, or them, any such sum of money, gift, or reward, or any such promise upon any such engagement, contract, or agreement, shall forfeit to his ma- jesty the value and amount of such sum of money, gift, or re- ward, over and above the sum of five hundred pounds, which said sum of five hundred pounds he, she, or they shall forfeit to any person who shall sue for the same, to be recovered with such costs of suit by action of debt, bill, plaint, or infor- mation, in any of his majesty’s courts of record at Westmutster, if the offence be committed in that part of the united kingdom called England and Wales^ and in any of his majesty’s courts of record at Duhlin, if the offence be committed in Ireland, wherein respectively no essoign or wager of law, or more than one imparlance shall be allowed ; and if the offence be com- mitted in Scotland, then to be recovered with full costs of suit by summary action or complaint before the court of ses- sion, or by prosecution before the court of justiciary there, s. 2. Provided always, and be it further enacted. That Act not to ex- nothing in this act contained shall extend, or be construed to extend to any money paid or agreed to be paid to or by any person, for any legal expense bond fide incurred at or concern- ing any election. s. 3. And be it further enacted. That if any person or Penalty on per- persons shall, from and after the passing of this act, conti^Sfs or by himself, herself, or themselves, or by any other person agreements to or persons, for or on his, her, or their behalf, give or procure ^^'face to be given, or promise to give or procure to be given, any or employment,* office, place, or employment, to any person or persons what- soever, upon any express contract or agreement that such turn^of a mem- person or persons, to whom or to whose use or on whose be- ber in parlia- half such gift or promise shall be made, shall by himself, her- ^aU^’receive^r self, or themselves, or by any other person or persons at his, accept of any her, or their solicitation, request, or command, procure or office, &c. endeavour to procure the return of any member to serve in parliament for any county, stewartry, city, town, borough, cinque port, or place, such person so returned, and so having given or procured to be given, or so having promised to give 220 49 Geo. III. c. 118. [appendix I. Limitation of actions. or procure to be given, or knowing of and consenting to such gift or promise upon any such express contract or agreement, shall be and is hereby declared and enacted to be disabled and incapacitated to serve in that parliament for such county, stewartry, city, town, borough, cinque port or place, and that such person shall be deemed and taken, and is hereby de- clared and enacted to be deemed and taken to be no member of parlirment, and enacted to be to all intents, constitutions, and purposes as if he had never been returned or elected a member in parliament ; and any person who shall receive or accept of, by himself, herself, or themselves, or by any other person or persons in trust for or to the use or on the behalf of such persons, any such office, place, or employment, upon such express contract or agreement, shall forfeit such office, place, or employment, and be incapacitated for holding the same, and shall forfeit the sum of five hundred pounds, which said sum of five hundred pounds shall be recovered as is herein-before enacted ; and any person holding any office under his majesty, who shall give such office, appointment, or place, upon any such express contract or agreement, that the person to whom or for whose use such office, appointment, or place shall have been given, shall so procure or endeavour to procure the re- turn of any person to serve in parliament, shall forfeit the sum of one thousand pounds, to be recovered in such manner as is herein-before provided. s. 4. And be it further enacted, That no person shall be made liable to any forfeiture or penalty by this act created or imposed, unless some prosecution, action, or suit for the offence committed, shall be actually and legally commenced against such person, within the space of two years next after such of- fence against this act shall be committed, and unless such per- son shall be actually and legally arrested, summoned, or other- wise served with any original or other writ or process within the same space of time, so as such arrest, summons, or service of any original or other writ or process shall not be prevented by such person absconding or withdrawing out of the jurisdic- tion of the court out of which such original or other writ or process shall have issued ; and in case of any such prosecution, suit, or process as aforesaid, the same shall be proceeded in and carried on without any wilful delay ; and that all statutes of jeofails and amendments of the law whatever shall and may be construed to extend to all proceedings in any such prosecu- tion, action, or suit. PART IV.] 51 Geo. III. c. 1. 221 No. 142 49 Geo. III. c. 120. An Act for amending and reducing into One Act of Parlia- ment the several laws for raising and training the Militia of Ireland. \^th June, 1809. s. 34. And be it further enacted, That the acceptance of Militia commis- any commission in any regiment or battalion of the said militia y^cate seaUn shall not nor shall be construed to vacate the seat of any mem- parliament, (a) her returned to serve in parliament, s. 62. Provided always, and be it enacted, That any offi- Leave of absence cer or non-commissioned officer of the militia, or private mi- t?ons^ofrn cumbers litia man, having voice or vote at any election to be held in of parliament, (i) Ireland for any member or members to serve in parliament shall, if he or they shall require, have leave for a reasonable time, to be expressed in such leave, to go to, and return from such election ; and no such officer, non-commisssioned officer, or private, shall be liable to any penalty or punishment for or on account of his absence during the time expressed in such leave. No. 143.— 50 Geo. III. c. 53. An Act for enabling Tenants in Tail and for Life, and also Ecclesiastical Persons, to grant Land for the purpose of cn- dowing Schools in Ireland. 24tth May, 1810. s. 3. Provided always and be it enacted. That no grantees Grantee not en- or lessees, or his or their heir or heirs, successor or successors, ^tion^^ shall be qualified to vote at the election of any member to serve ^ in parliament, as a freeholder, by virtue of any grant or lease made by virtue of this present act. No. 144 51 Geo. III. c. 1. An Act to provide for the Administration of the Royal Authority, and for the care of his Majesty's Royal Person, during the continuance of his Majesty's illness ; and for the Resumption of the Exercise of the Royal Authorty by his Majesty, 6th Feb .1811. s. 25. And be it further enacted, That if any person, being Election of mcm a member of the house of commons, shall accept of anv office ^P- ' ^ J pointment to (a) See the clause in the 35 Geo. 3. Ir. c. 8. s. 30, repealed by this act. [b) See a similar clause in the 33 Geo. Ir. c. 22. s. 108, repealed by this act. 51 Geo. III. c. 77. [appendix I. t>22 office by the re- cent or her ma- jesty. 4 Geo. 3. c. 59. Oaths respecting* reg-istry of free- holders declared valid, if stated in manner herein mentioned. of profit from the crown, by the nomination and appointment of the regent in the name and on behalf of his majesty, or of her majesty the queen, during the continuance of the regency hereby established, the election of such member shall be and is hereby declared to be void, and a new writ shall issue for a new eleoiion, in such and the like number as if such person had been appointed to such office by his majesty. No. 145^51 Geo. III. c. 77. An Act to Amend the Laws for Regulating the Election in Ire- land of Members to serve in Parliament. mil June, 1811. ‘ Whereas by an act made in the forty- fifth year of his present majesty’s reign, intituled. An act for amending an act passed in the parliament of Ireland in the thirty-fifth year of his present majesty, for regulating the election of members to serve in parliament, so far as relates to freeholds under the value of twenty pounds, and for mahing further and other re- gulations relating thereto, it is among other things enacted. That every person who shall register a freehold under the yearly value of tw'enty pounds, not arising from a rent charge, shall register the same twelve months previous to the teste of the writ for holding the election at which he shall tender his vote in manner and form required by the said act, and for that pur- pose he shall produce in open court at a session of the peace, the deed, lease or instrument under which his freehold arises, and take and subscribe the oath, or if a quaker, the affirmation in form prescribed in the said act : And whereas doubts have arisen as to the words to be used in certain parts of such oath or affirmation respectively;” for the obviating of all such doubts, be it enacted by the king’s most excellent majesty, by and with the advice and consent of the lords spiritual and tem- poral, and commons, in this present parliament assembled, and by the authority of the same. That every oath or affirmation which shall have been made at any time before the passing of this act, or which shall be made at any time after the passing of this act, for the purpose of registering his fi'eehold as afore- said, shall be and the same is hereby declared to be good, valid, sufficient and effectual in law, if the party making such oath or affirmation shall have stated or shall state in such oath or affirmation, that his freehold arises either by virtue of a deed, or by virtue of a lease, or by virtue of an instrument, produced by him, or by virtue of a deed, lease, or instrument, produced by him, whether all or any or either of the said terms, deed, lease, or instrument, are used in such oath or affirmation ; and that every such oath or affirmation shall be good, valid, suffi- cient and effectual in law, in which either the whole yearly rent or the yearly rent per acre, or such yearly rent per acre, PART IV.] 51 Geo. III. c. 77. 22S together with the number of acres, shall be stated ; and whether the amount of receivers’ fees and duties is or is not included in the specified amount of such rent, or whether the sums have been or shall be set forth in figures or in words at length; and that every such oath or affirmation shall be good, valid, sufficient and effectual in law, in which tfee actual occupation of such freehold shall be stated to be either by re- siding thereon, or by tilling, or by grazing, or by tilling or grazing, or by both tilling and grazing, or by all or any or either of the said means, whether stated copulatively or dis- junctively. s. 2. “ And whereas doubts have arisen whether by the Term of twelve said recited term of twelve months is meant calendar or lunar J*Jveiv^e^ca*ienda^r months be it declared and enacted, That the said term of months, twelve months shall be deemed and taken to mean twelve calendar months. s. 3. And be it further enacted, that any papist or person papists taking- professing the Roman Catholic religion, who at any time be- oaths, etc. under fore the passing of this act shall have taken and subscribed, or and^Gco^R^en- wlio after the passing of this act shall take and subscrbie, at titled to vote as any time previous to his offering to poll at any election, the ^ oaths and declarations contained in an act, passed in the thirteenth and fourteenth years of his present majesty’s reign, intituled, A?i act to enable his majesty's subjects^ of whatever persuasion^ to testify their allegiance to him, and also an act passed in the thirty-third year of his present majesty’s reign, intituled, An act for the relief of his majesty's Popish or Roman Catholic subjects in Ireland, in some one of his majesty’s four courts in the city of Dublin, or at any assizes, or at a general sessions of the peace, or at any adjournment thereof, or at any adjournment of an adjournment thereof, to be holden for any county, city, or towm, wherein such papist or pei'son professing the Roman Catholic religion doth or shall inhabit or dwell, in open court, or at any election in manner herein provided, shall be entitled to vote at such election in like manner as if he had taken and subscribed such oath and declaration in manner and at the time required by an act, made in the parliament of Ire- land in the thirty-seventh year of his present majesty’s reign, intituled. An act for the f urther regulation of the election of members to serve in parliament. s. 4. “ And, in order that any person desirious of taking and Returning officer subscribing such oaths and declarations at any election may son^To^admmis have an opportunity of so doing;” be it enacted. That from ter oaths, &c. at and after the passing of this act, when a poll shall be de- manded at any election of a member or members to serve in parliament for any county, city, town, or borough in Ireland, the returning officer or officers at any such election, after such poll shall be demanded, shall, at the instance and request of any candidate or candidates at such election, under his or their hand or hands immediately after such request, and before he or they shall proceed further in taking the poll, retain, nominate, and appoint two or more justices of the peace (as the case may 224 51 Geo III. c. 77. [appendix I. Clerk of the peace is to give a certificate there, of to persons ap- plying. Oath to be taken by persons admi- nistering oaths. Oath to be taken by the clerk of the peace. Proper officer of the court to transmit to the rolls office, rolls containing names iefore provided, or a county of a town, or a county of a city, save and except those questions hereinbefore directed to be put, or to make any comments or observations on the answers which may be given to the same ; or on any matter or thing relating to any vote which may be tendered before him : and that if any ob- jection be made to any vote at any election for a county, city, borough, or other place, such objection shall be forthwith referred by the returning officer’s deputy, as hereinbefore directed, to the returning officer ; and that it shall not be lawful for any such deputy to investigate the right of any person to vote, further or otherwise than is hereinbefore directed, or to reject the vote of any person without reference to the returning officer. s. 16. And be it further enacted. That it shall not be law- Restraining* per. ful for any person, whether barrister, attorney, inspector, plead- agent, candidate, or elector, or any other person whatever, in deputy’s to plead or speak in any place of polling during the time of booth, polling, on any matter or thing concerning the polling, or concerning the refusal of any returning officer’s deputy to transmit an objection to a vote to the retuniing officer or officers, as hereinbefore provided for, or to ask any ques- tions of any person tendering his vote or offering to poll. s. 17. And be it further enacted, That from and after the Oaths not to be passing of this act, it shall not be lawful for any person at required save as any election to require any elector to take any oath or oaths, pointedf ^ of the nature of a rentcharger’s or freeholder’s oath, to show the possession, situation, tenure, value, or any other circum- stance touching or concerning his freehold, in order to enable him to vote at such election, save and except the oath or oaths herein required to be taken ; any act to the contrary notwith- standing ; and that every returning officer’s deputy is hereby y 254 60 Geo III. & 1 Geo. IV. c. II. [appendix i. Improper votes to be taken otF the poll by the returning- officer on complaint of candidate. Appointing the hours for com- mencing and ending the poll each day. authorized and empowered to administer to every elector the bribery oath or affirmation, if required by any candidate, or by the inspector of any candidate, or by any elector, so to do. s. 18. And be it further enacted, That if any person shall be admitted to poll at any election for a member to serve in parliament for a county, city, borough, or other place, who has polled before at such election, or who has personated another elector for the purpose of polling at such election, or who has polled by virtue of a forged certificate of registry, or who has polled by virtue of a registry of an alleged free- hold under a lease of a land or tenements for a life or lives, made by a lessor who had not at the time of making the same a freehold estate therein ; or by virtue of a registry of an alleged freehold under a lease of land or tenements for a life or lives, which lease is to end and determine on some such covenant or condition, that a freehold estate has not been demised by the same ; it shall and may be law'ful for the returning officer or officers, and they are hereby required, authorized, and em- powered, upon the complaint of any candidate, to take the vote of such person off the poll, at any time before the final closing of the same. Provided always, that the act com- plained of, as having been committed by such person be set forth and described, and positively declared to have been com- mitted by such person, in an affidavit to be sworn before a justice of the peace, and that such affidavit be delivered to the returning officer or officers ; and further, that the act com- plained of shall appear to the returning officer or officers, upon a due examination of one or more credible witness or witnesses concerning the same, upon his or their oaths, to be proved to have been committed by such person, which oath or oaths the returning officer or officers is or are hereby authorized and empowered to administer; and that the re- turning officer or officers shall examine all such cases between the hours of seven of the clock and ten of the clock of the afternoon of each polling day, except on that day on which the poll shall be finally closed, unless all the objected votes referred to such returning officer or officers by his or their deputies shall have been decided and disposed of ; Provided always, that the affidavit setting forth every such complaint, shall be delivered to the returning officer or officers on the same day on which the act complained of shall have been committed. s. 1 9. And be it further enacted. That the returning officer or officers at every election for a member to serve in parlia- ment for any county, city, borough, or other place, shall cause the poll to be kept open in every place, and on every day of polling, from nine of the clock in the morning, except on the first day of polling, until six of the clock in the afternoon, except on the last day of polling, between the fifteenth day of April and the fifteenth day of September ; and from nine of the clock in the morning, except on the first day of polling, until five of the clock in tlie afternoon, except on the last PART IV.] 60 Geo. III. & 1 Geo. IV. c. 11. 256 day of polling*, between the fifteenth day of September and the fifteenth day of April ; and that in case any disputed questions, or any objections to votes referred to him or them, by his or their deputy or deputies, shall not be decided during the time for which the poll shall be so kept open, the return- ing officer or officers shall give his or their attendance in his or their own booth or other place of sitting, and proceed to decide the same, from seven of the clock to ten of the clock of the afternoon of each polling day, except on the last day of polling. s. 20. And be it further enacted. That it shall and may be lawful for the returning officer or officers, at any election for a member to serve in parliament for any county, city, borough, or other place, and he and they is and are hereby required, on any day after the fourth day of polling, computing therein the day on wffiich the poll shall be commenced, to close finally the poll in any booth or place of polling in which no more than twenty persons have polled, or been referred for decision to the returning officer or officers during that day : provided always, that in case it shall appear, upon the evidence of two or more credible witnesses taken upon oath, and which oath the returning officer or officers is and are hereby empowered to administer, to the returning officer or officers, that any persons intending to offer themselves to poll in such booth or place of polling, have been prevented by force and violence from com- ing to the same for the purpose of polling on that day, that then and in every such case it shall be lawful to and for the returning officer or officers to keep such booth or place of poll- ing open for another day, and so on from day to day, if such force and violence be repeated, and be found to have taken place on such evidence as aforesaid, to the satisfaction of the returning officer or officers. s. 21. And be it further enacted. That the sheriff of a county shall not appoint any person to act as his deputy at any elec- tion, unless such person shall have a freehold estate of the yearly value of fifty pounds at least, above all charges ; and that such sheriff shall demand upon oath of such person, whe- ther such person has a freehold estate of that value, at the time when he shall administer to him the oath required by law to be taken by every sheriff *s deputy. s. 22. And be it further enacted. That at any election of a member to serve in parliament for any county, city, borough, or town, it shall be lawful to and for the returning officer or officers to summon all constables, bailiffs, and other peace officers, to attend the places of polling, and to keep the peace at such election, and to perform such other things as shall be { assigned to him by the returning officer or officers, and to ‘ appoint any number of special constables that he or they may 1 think proper, to aid and assist therein ; and that every such constable, bailiff, or peace officer, who shall be so employed, shall be entitled to receive the sum of five shillings for each day of his attendance ; and that every constable, bailiff, or After the fourth day returning- officer may close any booth when twenty have not polled in the day. Qualification of deputy sheriffs. Returning officer may summon constables, bai- liffs, &c. to attend elections, and remunerate them. 256 60 Geo. III. & 1 Geo. IV. c. II. [appendix i. Returning officer may commit per- sons obstructing the poll. In case of death or illness of re- turning officer, the first sworn deputy shall per- orm the duty. Punishment of officers returning corruptly or par- tially. peace officer, when so summoned, who shall neglect to attend during the whole of such election, or to obey the lawful com - mands of the returning officer or officers, shall forfeit such office of constable, bailiff, or other peace officer, and all salary due to him in respect thereof. s. 23. And be it further enacted, That it shall and may be lawful to and for the returning officer or officers, or his or their deputy or deputies, at any election, and he and they is and are hereby authorized and empowered, to commit all per- sons to gaol, without bail or mainprize, who shall plead or speak on any matter or thing concerning the polling, or con- cerning any objection to a vote, or concerning the refusal of any deputy to transmit an objection to the returning officers or officer, or put any question to any returning officer, deputy, or elector, in any place of polling, or in the booth or other place of sitting of the returning officer or officers, contrary to the provisions of this act, or who shall be found rioting or interrupt- ing the poll, or wilfully preventing the approach of electors to the place of polling, or who shall be guilty of a contempt to such returning officer or officers, or to such deputy or deputies ; provided that the time of such imprisonment shall not in any case exceed twenty-four hours. s. 24. And be it further enacted. That in case of the death or the severe illness of any returning officer, during the continu- ance of the poll at any election, it shall and may be lawful for the first sworn deputy, and he is hereby required, under the pe- nalty of forfeiting 500/. to any peron who shall sue for the same, to proceed with the poll, and to act in every respect for all the purposes of the election, and with all the power and authority to do any act required by law to be done by a returning of- ficer at any election, as if he had been originally the return- ing officer ; and that such deputy shall take the oath directed by law’ to be taken by the returning officer at the commence- ment of the poll, which oath any two justices of the peace are hereby authorized to administer ; and that such deputy shall proceed with the poll, and finally close the same at the time hereinbefore required, and make a return of the person or per- sons who hath or have the majority of votes, unless his autho- rity shall be superseded by the recovery of the returning officer; and that in case of the death or the severe illness of such first sworn deputy, the next deputy in succession shall act as the returning officer, subject to the like penalty, and with the same powers, and then take the returning officer’s oath in manner aforesaid ; and so on, each deputy in succession shall in like manner act as the returning officer in case of the death or severe illness of the acting returning officer. s. 25. And be it further enacted. That every returning officer who shall be by due course of law convicted of having acted corruptly or partially in the execution of his duty, as returning officer at any election of a member or members to serve in parliament, shall be adjudged guilty of a high misdemeanor, and shall be imprisoned for a period not exceeding three PART IV.] 60 Geo. III. & 1 Geo. IV. c. 11. 257 years ; and such person so convicted is hereby declared to be for ever incapable of holding any office or situation, civil or military, under the crown. s. 26. And be it further enacted, That the expense of erect- Returning of- ing booths or hiring buildings, and of employing assessors, sub- ^ sheriffs, deputy sheriffs, clerks of the peace, deputy clerks of the peace, assistant deputy clerk of the peace, poll-clerks and other clerks, interpreters, and constables, bailiffs, or other peace officers, and all other persons directed by this act and by other acts of parliament to be employed by the returning officer or officers for the conducting of an election for any county, city, borough, or other place, and also the expense of making pro- clamations and returns, and of stationery, and of advertisements, and all other expenses necessary for the purpose of providing the means of taking the poll at any such election, shall in the first instance be paid by the said returning officer or officers presiding at any such election. s. 27. And be it further enacted. That it shall and may be to be presented lawful for the grand jury of any county, county of a town, or by the grand county of a city, and they are hereby authorized and required to present at the next assizes after any election for a county, city, borough, or other place, shall have taken place within the same, such sum or sums of money as shall be necessary to re- imburse the person or persons acting as the returning officer or officers at any such election, for the expenses incurred by him or them at any such election, and that such sum or sums of mo- ney shall be paid immediately after such presentment has been hated by the judge at such assizes, to such person or persons by the treasurer of such county : Provided always, that before any such presentment be made, such person or persons shall lay be- fore the grand jury an account of all the particulars of the ex- penses of such election, and all the vouchers for the said ex- penses ; and that it shall be made to appear to the grand jury, that the said expenses are in conformity with the provisions of this act, and the other acts relating to elections, and fair and reasonable in every particular. s. 28. And be it further enacted. That every affidavit or Affidavit of re- affirmation of registry made heretofore, shall be deemed to be fho^igh'no r’efer- according to law, notwithstanding no reference is made in it to ence made to a former registry ; and that in any affidavit or affirmation of former registry, registry which shall be hereafter made at any sessions of the peace, no words whatever shall be introduced having any re- ference to a former registry ; and that the acting clerk of the peace at every sessions of registry, shall immediately after each affidavit or affirmation of registry shall have been signed by the two presiding justices, and by the acting clerk of the peace, and before he proceeds to do any other business what- soever, enter into a book the substance of every such affidavit or affirmation in succession, and not alphabetically ; in the form following : 3 y 258 60 Geo. III. & 1 Geo. IV. c. 11. [appendix i. Form of entry of affidavits. Clerk of the peace shalle nter the names of freeholders in books. Within one month after Jan. 1, 1821, clerk of the peace shall cause copies of the registry books commenc- ing- from Jan. 1. 1813, to be printed j after- wards account to be printed annu- ally. No. Name of Free- holder. Place of Abode. Situa- tion of Free- hold. Name of Land- lord. Value of Free- hold. Names | Place of Lives andDate or other of Tenure. Registry And that the entry in the said book of all the affidavits or affirmations so registered on each day of every sessions, shall be signed by the presiding justices at such sessions, or by two of them at the least, before they leave the court, and coun- tersigned and dated by the acting clerk of the peace. s. 29, And be it further enacted, That the clerk of the peace of every county, county of a town, or county of a city, shall enter into alphabetical order, according to the surnames of the persons who have registered freeholds, the substance of every affidavit of registry of every freeholder capable of voting on the first day of January one thousand eight hundred and twenty- one, at any election for the same, in the foregoing form, in se- parate books, one for each barony or half-barony, county of a town, or county of a city, in which such freeholds shall lie, and shall affix bsfore each name a number, to shew how many have registered under each letter of the alphabet in each book ; and that he shall enter in the same manner and form the sub- stance of every affidavit of registry which shall be made from and after the first day of January one thousand eight hundred and twenty-one. s. 30. And be it further enacted. That within one calendar month next after the first day of January one thousand eight hundred and twenty-one, every clerk of the peace shall cause to be printed in the cheapest manner, and by contract, not less than fifty, or more than two hundred copies of the said regis- try books, commencing with the entries of twenty pounds and forty shillings freeholds, from the first day of January one thousand eight hundred and thirteen ; and that every clerk of the peace shall, within one calendar month after the first day PART IV.] 60 Geo. III. & 1 Geo. IV. c. 11. •259 of January one thousand eight hundred and twenty-two, and within one calendar month after the first day of January in every succeeding year, cause to be printed, in the cheapest manner and by contract, not less than fifty nor more than two hundred copies of all entries in the registry book of each barony and half-barony, county of a town, or county of a city, of all affidavits or affirmations of persons who have regis- tered their votes within the year then last past, ending on such first day of January respectively ; and that the clerk of the peace of every county shall deliver in each year one printed copy of the registry books to each justice of the peace residing in such county : provided always, that the clerk of the peace shall not suffer the original registry books to be out of his pos- session, but shall cause copies of them to be made for the pur- pose of printing the same. s. 31. And be it further enacted, That the clerk of the Clerk of the peace of every county, county of a town, or county of a city, dS?rsuchprmted shall produce one of the said printed copies of the registry copies at each books Or each barony of half-barony in such county, or of such spring apices, county or a town or county or a city, corrected by him, and delivered to the certified under his hand to be correct, to one of his majesty’s of the judges of assize, at the spring assizes, which shall be in the year one thousand eight hundred and twenty-one, for any such county ; and shall produce at every succeeding spring assizes for the same, a printed copy of all entries made in such books within the year ending the first of January then last past, con-ected by him, and certified under his hand to be correct ; and that such copy or copies, so certified and produced by the clerk of the peace, shall be immediately deli- vered over, in the presence of the judge, to the clerk of the crown, who shall sign and date the same ; and that such copy or copies shall be preserved among the records of such county, and shall be deemed equally valid as the original books at any election, in case the same, or any part of them, shall not be produced at such election by the clerk of the peace ; and that the clerk of the crown is hereby required to produce the said printed copies of such books at any election, if required so to do by the sheriff or sheriffs of the county to which they belong ; and that no judge at the spring assizes to be holden in the said year one thousand eight hundred and of the peace’s twenty-one, or at any succeeding spring assizes, shall fiat any coiSss’^e^del?^^ presentment for paying any salary to any clerk of the peace, vered. until such printed copy or copies of such registry books, so certified, shall be so delivered in his presence to the clerk of the crown ; and that it shall not be hereafter necessary for the clerk of the peace to deliver copies of the entries in the books of registry to the treasurer of the county, any act to the contrary notwithstanding. s. 3*2. And be it further enacted. That from and after the Freeholds not td first day of May one thousand eight hundred and twenty, the fe^ss justices presiding at any sessions of the peace shall not allow ment is stamped, any person to register his freehold by virtue of any written ‘260 60 Geo. III. & 1 Geo. IV. c. 11. [appendix i. instrument, unless the same be stamped according to law ; and that the clerk of the peace shall, from and after the first day of May one thousand eight hundred and twenty, certify in every certificate of the registry of a freehold of the value of forty shillings only, that the same was registered by virtue of a written instrument stamped according to law. s. 33. And be it further enacted. That if any clerk of the peace shall omit or neglect to appoint deputies and assistant deputies to attend the places of polling at any election ; or to have the original affidavits or affirmations of registry arranged and indorsed as hereinbefore required ; or to enter in a book at every sessions of registry, the substance of every affidavit or affirmation made thereat, in the manner and form as hereinbe- fore required ; (Jr to enter in books the substance of all affida- vits or affirmations of registry of all the freeholders who shall be capable of voting^t an election on the first day of January one thousand eight hundred and twenty-one, or of those free- holders who may thereafter register freeholds, in the manner and form as hereinbefore required ; or to cause registry books to be printed, and to be delivered to the clerk of the crown, in the manner and form as hereinbefore required ; or to cer- tify in every certificate of registry which he shall grant after the first day of May one thousand eight hundred and twenty, that the written instrument produced by the person register- ing a freehold was stamped according to law ; he shall for every such offence forfeit a sum not exceeding five hundred pounds, to any person suing for the same ; such penalty to be recovered by information in any of his majesty’s courts of record in JDuhlin, „ s. 34. And be it further enacted. That it shall and may be present for ex- lawful for the grand jury oi every county, county of a town, re"fstr^^bool4"'^ county of a city, at every spring assizes, and they are here- ^^^6 4 CJco. 4 .;e. 43 , 6y required, authorized, and empowered, to present such sum A‘. 7. or sums of money as shall be a proper remuneration to the clerk of the peace for the expense of printing the registry books in the manner and form hereinbefore directed : provided al- ways, that no such presentment be made until the contract for the printing thereof be produced, and that it appear to the grand jury that the clerk of the peace has caused the said books to be printed in the cheapest manner. Irish act 37 Geo. whereas by an act made in the parliament of a c. 47. Ireland in the thirty-seventh year of the reign of his late ma- jesty, intituled, “ An Act for the future regulation of the elec- tion of members to serve in parliament,” it is amongst other things enacted, that if any person seised of a freehold not consisting of a rent charge shall desire to register it as being of the value of 50/. or ‘20/., he shall in the oath or affirmation therein provided, name the parish or parishes, and the town- land or townlands, in which such freehold may be situated : And whereas it is expedient that the name of the parish or parishes in the said oath may be omitted, and that the town- land or townlands, or other denomination by which the place of the peace for ne^rlect of duty, under this act, .500?. PART IV.] 60 Geo. III. & 1 Geo. IV. c. 11. 261 is generally known wherein the freehold is situated, be named in the said oath or affirmation ; be it therefore enacted, That Freeholders of it shall be lawful for any person seised of a freehold not con- 50^. or 20/. may sisting of a rent charge, who shall desire to register it as be- oS,^and name ing of the yearly value of 50/. or 20/., to omit in such oath the townland. or affirmation the name of the parish or parishes in which such freehold may be situated, and to name therein the town- land or townlands, or other denomination by which the place is generally known wherein the said freehold may be situated. s. 36. And be it further enacted. That every person who persons polling? shall poll a second time or offer to poll a second time at the twice, or perso. same election, or who shall personate any other person, or Siay”^e'^pun*ilhed attempt to personate any other person, for the purpose of by two years im- polling at such election, shall be guilty of a misdemeanor, and PJ^^sonment- upon being thereof convicted in any of his majesty’s courts of record in Dublin^ shall be imprisoned for any term not more than two years, at the discretion of the judge or judges who shall try such person. s. 37. And be it further enacted. That if any person shall Penalty on frau- vote at any election, by virtue of the registry of an alleged voters, freehold, under a lease of lands and tenements for a life or lives, made by a lessor who had not at the time of making the same a freehold estate therein ; or under a lease of land or tenements for a life or lives, which lease is to end and deter- mine on some such covenant or condition, that a freehold estate has not been demised by the same ; or under a lease of land or tenements for a life or lives, or a certain number of years, which life or lives is or are dead ; or under a lease of land or tenements for a life or lives, which lease has expired or been surrendered, after due notice not to vote by virtue of any such registry shall have been given to such person by any candidate, or by any inspector of any candidate, and which notice every candidate and inspector is hereby authorized and empowered to give to such person at any time before or during such election, or in the place of polling, such person, on being convicted thereof shall forfeit to any person who shall sue for the same, the sum of 20/. ; to be recovered by him or them, with treble costs of suit, by action of debt, at any ge- neral quarter sessions of the peace, or at any assizes that may be held in the county in which such election shall have taken place. s. 38. And whereas by certain acts made in the parliament Regulation for of Ireland^ and also by a certain act made in the parliament hoWer/by^the*^” of the United Kingdom, made in the forty-fifth year of his mayor, recorder, late majesty’s reign, intituled, “ An Act for amending an act passed in the parliament of Ireland in the thirty-fifth year of cities, his late majesty, for regulating the election of members to serve in parliament, so far as relates to freeholds under the yearly value of 20/. and for making further and other regulations relating thereto,” it is enacted, that every oath and affirmation made and subscribed at any sessions of the peace for registry 262 60 Geo. III. & 1 Geo. IV. c. 11. [appendix i. of any freehold, shall be read aloud in open court, and signed by two of the justices presiding therein. And whereas the number of the justices who are empowered to act within seve- ral of the counties of towns, or counties of cities and towns, agreeable to the charters thereof, is extremely limited, and often confined to those, Avho from age and infirmity are inca- pacitated for active performance of duty : And whereas it is necessary to provide against any conseqnent inconvenience or delay of persons possessed of freehold property, who wish duly to register such freeholds and to qualify themselves for exercising the elective franchise : be it therefore enacted, that in all counties of towns and counties of cities on the day immediately preceding the opening of each general quarter sessions of the peace, unless such day fall upon a Sunday, and in such case on the day next but one preceding the opening of each general quarter sessions of the peace, and upon the day immediately after the criminal and other business of every such sessions has been fully transacted, unless such day shall fall upon a Sunday, and in such case, on the second day after the said business has been fully transacted, the mayor or other chief magistrate of such county of a town or county of a city, or his sufficient deputy appointed by him, pursuant to charter or prescription, in case of his absence from such town or city, or his illness, shall, upon being required so to do by any free- holder of such county of a town or county of a city, hold an open court of sessions for the purpose of registering all such freeholders as shall present themselves for that purpose in such manner and form as are now required by law ; and that the said mayor, chief magistrate, or his deputy, shall commence his sitting on each day at the hour of ten of the o’clock in the forenoon, and shall continue it till the hour of four of the clock in the afternoon ; and that it shall also be lawful for any person possessed of a freehold in any county of a town or county of a city, to register the same before the recorder or his deputy, presiding in open court, at any quarter sessions of the peace, or any adjournment thereof, for the county of the town or county of the city in which such freehold is situate ; and that such mayor or other chief magis- trate, or his deputy, and such recorder, or his deputy, shall administer all oaths, and sign all certificates, which are now required by law, to render the registry of such freehold valid ; and that the signature of such mayor, chief magistrate, or recorder, or of their several deputies, so affixed in open court, shall be singly and of itself a sufficient attestation of such registry, in place of the signature of two magistrates, and of the clerk of the peace, as now required by law ; and that the certificate of the registry of a freehold in any county of a city or county of a town so signed as aforesaid, shall be sufficient evidence of the registry of the same, at any election, if without any erasure or interlineation, any thing to the contrary in this act notwithstanding ; and that the affidavits 1 PART IV.] 60 Geo. III. & 1 Geo. IV. c. 11. 263 of registry so attested, shall be then and there delivered by such mayor, recorder, or their respective deputies, to the clerk of the peace, to be filed and kept amongst the records of the court. s. 39. And be it further enacted. That if any mayor or Penalty on other chief magistrate of any county of a town, or county of a city, shall neglect or wilfully omit to hold any such session, by himself or his sufficient deputy, in manner and form as hereinbefore required, upon being required so to do by any freeholder of such county of a town, or county of a city ; or if any mayor or other chief magistrate, or any recorder shall omit or neglect, or wilfully refuse to register the freehold of any person duly qualified, who shall present himself for that purpose to such mayor, or chief magistrate, or recorder, such mayor, chief magistrate, or recorder so offending, shall forfeit the sum of one hundred pounds for each and every such ne- glect of duty ; and that if the clerk of the peace or his suf- ficient deputy shall neglect or omit to attend any such session of the peace, upon due notice being given to him of the holding of the same by any freeholder of such county of a town, or county of a city, #and then and there to do all acts now required of him by law for the registry of freeholders, such clerk of the peace shall for every such offence forfeit the on clerk of sum of fifty pounds ; such penalties to be recovered by infor- 50 /. mation in any of his majesty’s courts of record in Dublin ; one moiety whereof shall be payable to our lord the king, and the other moiety to him who shall sue for and recover the ' same. s. 40. And be it further enacted. That if any person shall Forg-in^ certifi- falsely make, forge, or counterfeit, or shall cause or procure to be falsely made, forged, or counterfeited, or shall willingly by transporta, act or assist in the false making, forging, or counterfeiting tibn. any certificate of the registry of any freehold, or any affidavit or affirmation relating thereto, or any writing or instrument purporting to be a certificate of the registry of any such free- hold, or an affidavit or affirmation relating thereto, or shall utter or publish, or assist to utter or publish, or produce in any polling booth as true, any such false, forged, or counter- feited certificate, or affidavit or affimation, writing or instru- ment, knowing the same to be false, forged or counterfeited, with intent to make or support any claim of himself, or any other person or persons, to vote at any election of a member or members to serve in parliament, every such person so of- fending and being thereof lawfully convicted, shall be deemed and adjudged to be guilty of felony, and shall be transported for seven years to some part of his majesty’s dominions out of Europe, s. 41. And be it further enacted. That every person whom Duty and oath of any returning officer at any election for a member to serve in poll-clerks, parliament for any county, shall employ to act as a clerk for taking the poll, shall enter in a book to be provided for that purpose, the number opposite to the name of each freeholder in 264 60 Geo. III. & 1 Geo. IV. c. 11. [appendix i. Deputy sheriffs and officers ne- g-lecting- their duty at election poll, shall lose their compensa- tion. Returning officer may dismiss them, and sup- ply their places. Franchises reg-is- tered under 57 Geo. 3. c. 131. not affected. Persons having- certain freeholds permitted to re- gister the same in manner here- in mentioned. Irish act, 37 Geo, 3. the registry book who shall tender his vote or offer to poll at such election, his name and the place of his abode, the situation and value of his freehold, and for whom he shall vote, and every such clerk shall, before the beginning of the poll, take an oath in tlie form following : “ I, A, B., do swear. That I will, at this election of a mem- ber [or members as the case maybe] to serve in parliament for the county, county of the town, or county of the city [as the case may be] of truly and indifferently take the poll, and set down the number opposite to the name of each freeholder in the registry-book, his name and the place of his abode, and the situation and the value of his freehold, and for whom he shall poll. So help me God” Which oath every returning officer is hereby authorized and required to administer. s. 42. And be it farther enacted, That any deputy sheriff, poll-clerk, clerk of the peace, deputy clerk of the peace, assis- tant deputy clerk of the peace, interpreter, constable, bailiff, or peace-officer, who shall absent himself from the duty of his office at any election of a member or members to serve in par- liament for any county, city, borough, or other place, during any part of the time that the poll shall be kept open on each day, shall forfeit all compensation for his attendance during such election ; and the returning officer or officers is and are hereby authorized and required, in case of the absence, neglect, misconduct or insufficiency of any such person or persons, im- mediately to remove any such person or persons, and to ap- point a person or persons to fill his or their place or places. s. 43. And be it further enacted. That nothing in this act contained shall extend or be construed to extend so as to limit, abridge, or defeat the franchise of any person or persons, who before the passing of this act shall have duly registered his or their franchise or franchises, under and by virtue of the act of the fifty-seventh year of his late majesty’s reign, hereinbefore recited and repealed. s. 44. And whereas it is expedient that persons having free- holds under the yearly value of twenty pounds, and subject only to quit or crown rent, or arising from fee-farm grants, or under a lease or leases for ever, or for lives renew'able for ever, should have the power of voting at elections for members of parliament, although they should not reside thereon, or occupy such freeholds by tilling or grazing to the amount of forty shillings yearly value thereof ; be it enacted. That it shall and may be lawful for persons having freeholds under twenty pounds yearly value, not consisting of a rent charge, and liable only to crown or quit rent, to register the same in like manner as is provided for persons having freeholds of the yearly value of twenty pounds, in an act of the thirty-seventh year of his late majesty’s reign, passed in the Irish parliament, and intituled. An act for the regulating of elections ; and that such person so registering his freehold, shall insert in the oath of registry, the w’ords ‘ forty shillings,’ instead of the words ‘ twenty pounds,’ PART IV.] 1, 2 Geo. IV. c. 44. 265 or ‘fifty pounds,’ and shall add the following words, ‘and that the said freehold does not consist of a rent-charge, and that it is liable to no rent, except quit or crown rent, or that it arises from fee -farm grant, or that I hold it under a lease or leases for ever, or under a lease or leases for lives, renewable for ever, [as the case may 6e],’ and that every person who shall offer to vote by virtue of a freehold under the value of twenty pounds, and holding the same subject only to quit or crown rent, shall make the same affirmations, and take the same oaths as are now provided for persons having freeholds of the value of twenty pounds ; provided always, that such persons shall in such oaths make the several alterations and additions as are herein set forth in the oath of registry for such persons. s. 45. And be it further enacted. That all former acts of parliament for the regulation of the election of members to serve in parliament for Ireland, shall be and continue in force, except only so far as the same are repealed or altered by this act ; and that this act may be altered and repealed by any act to be passed in present session of parliament. No. 164.— 1, 2 Geo. IV. c. 44. An Act to exclude Persons holding certain Judicial Offices in Ireland, from being Members of the House of Commons. 2Sth May, 1821. ‘ Whereas it is expedient that persons holding certain judicial offices hereinafter mentioned, should be rendered inca- pable of being members of the house of commons, during the time they hold the said offices respectively ; ’ therefore be it enacted, &c. That from and after the passing of this act, no person holding the office of lord chancellor of Ireland, master of the rolls in Ireland, or being one of the twelve judges of the courts of king’s bench, common pleas, and exchequer in Ireland, or being a master in chancery in Ireland, shall be capable of being elected, or of sitting or voting as a member of the house of commons. s. 2. And be it further enacted by the authority aforesaid. That if any person, hereby declared to be incapable to sit or vote in the house of commons, shall nevertheless be returned as a member to serve in parliament for any county, stewartry, city, borough, town, cinque port, or place, such election and return are hereby enacted and declared to be void to all in- tents and purposes whatsoever ; and if any person, disabled and declared incapable by this act to be elected, shall after the passing of this act presume to sit or vote as a member of the house of commons, such person so sitting and voting shall forfeit the sum of five hundred pounds for every day in which he shall sit or vote in the said house of commons, to such person or persons who shall sue for the same in any of his . z Former acts to continue in force. Lord Chancellor, m^^ster of the rolls, judges, and masters in chan- cery, in Ireland, incapable of sit- ting in the house of commons. Persons sitting, who are disabled, to pay penalty with costs of suit. 266 1, 2 Geo. IV. c. 58. [appendix I. Act not to ex- tend to any elec, tion had before the passing thereof. No charges to b( made for elec- tions in Ireland, but those in. serted in sche- dule (A.) No persons but those mentioned in schedule en- titled to fees. No rewards or presents to be given to return- ing officers. majesty’s courts at Westminster ; and the money so forfeited shall be recovered by the persons so sueing, with full costs of suit, in any of the said courts, by action of debt, bill, plain or information, in which no essoign, privilege, protection, or wager of law shall be allowed, and only one imparlance ; and shall from thenceforth be incapable of taking, holding, or enjoying any office of honour or profit under his majesty, his heirs and successors. s. 3. Provided always, and be it further enacted by the au- thority aforesaid. That nothing in this act contained shall extend, or be construed to extend to make void any election had before the passing of this act, or to disable from sitting and voting in the said house of commons, or subject to any penalty or forfeiture whatsoever, any person elected to serve as a member in the said house before the passing of this act. No. 165 2 Geo. IV. c. 58. An Act to regulate the Expenses of Elections of Members to serve in Parliament for Ireland. 2M June, 1821. Whereas it is expedient to regulate the expenses of elections of members to serve in parliament for Ireland ; be it therefore enacted. That from and after the passing of this act, no other charges shall be made for any thing performed or done in the execution of any writ or precept for holding an election in Ire- land, besides the charges set forth in the schedule (A.) to this act annexed, any act to the contrary notwithstanding. s. 2. And be it further enacted. That no other person be- sides the person mentioned in the said schedule, shall be enti- tled to receive any fee or reward for any thing performed or done in the execution of any writ or precept for holding an election, any act to the contrary notwithstanding. s. 3. And be it further enacted. That no person to be here- after elected to serve in parliament for any county, city, town, or borough, shall, by himself, his friends or agents, or by any person or persons, employed in his behalf, directly or indirectly, give any fee or reward of any kind, or make any payment of money by way of compliment or gratuity, or upon any ac- count whatever, to any sheriif, under sheriff, deputy sheriff, returning officer, or deputy returning officer, clerk of the peace, or deputy clerk of the peace ; and that every such person or persons, who shall so give any fee or reward of any kind, or make any payment of money by way of compliment or gratuity, or upon any account whatever, to any sheriff or under sheriff, deputy, deputy sheriff, returning officer, deputy returning of- ficer, clerk of the peace, or deputy clerk of the peace, shall be and is and are hereby declared to be disabled and incapacitated PART IV.] 1, 2 Geo. IV. c. 58. 267 to serve in parliament upon such election for such county, city, town, or borough. s. 4. And be it further enacted, That so much of an act pass- Irish act, 35 Gfo. ed in the parliament of Ireland^ in the thirty- fifth year of his late the majesty’s reign, intituled, “An act for regulating the election of ag-entsand clerks members to serve in parliament, anp for repealing the several efections re^ acts therein mentioned,” as provides that no candidate for any pealed, county shall employ at or for any election for the said county, more hired agents or hired clerks, than after the rate of one agent and one clerk for each barony or half-barony in said county, shall be, and the same is hereby repealed. s. 5. And be it further enacted, that from and after the pass- Agents, &c. to ing of this act, no candidate at an election for any county, city, town, or borough, shall pay to any barrister, agent, inspector, or clerk, any sum or sums of money, for his attendance, or trouble at any such election, which shall exceed the sum or sums set forth in the schedule (B) to this act annexed. S.6. And be it further enacted. That if any such candidate no rewards, Kq. shall give, by himself, his friends, or his agents, or by any per- to be given to son or persons employed by him or them, any sum or sums of what is^pec^^^ money, fee, retaining fee, office, place or employment, gift or in schedule, reward, or any promise or security for any money, fee, retain- ing fee, office, place or employment, to any barrister, agent, inspector or clerk, for doing any thing of and concerning any matter relating to any such election, directly or indirectly, over and above the sum or sums set forth to be paid in the said schedule to any barrister, agent, inspector, or clerk, he shall be and he is hereby declared to be disabled and incapacitated to serve in parliament upon such election for such county, city, town, or borough. s. 7. And be it further enacted. That so much of an act pass- l Geo. 4. c. ll. so ed in the first year of the reign of his present majesty, intituled ^rand jury^pi^^ “An act for the better regulation of polls, and for making fur- sentments foi re- ther provisions touching the election of members to serve in t^rning”^fficers parliament for Ireland^'" as provides that it shall and may be repealed lawful for the grand jury of any county, county of a town, or county of a city, to present at the next assizes after any elec- tion for a county, city, or borough, such sum or sums of money as shall be necessary to reimburse the person or per- sons acting as returning officer or officers at such elections, shall be and the same is hereby repealed. s. 8. And be it further enacted that nothing in this act con- Candidates not tained shall cause any candidate at an election for any county, a\1;end\ng city, town, or borough, to be liable to the payment of any writ, &c. charge or charges for the expenses attending the execution of any writ or precept for holding an election, to which he was not liable, previous to the said act of the first year of the reign of his present majesty ; except for such additional places of polling, and additional deputy clerks of the peace, and deputy assistant clerks of the peace, as are by the said act required to be provided. 268 1, 2 Geo. IV. c. 58. [appendix I. Schedule (A). Charges far executing a Writ or Precept for holding an Election, £, s, d. For providing each place of polling or booth, for commissioners, for administering oaths of qua- lification to Roman Catholics, such place of polling or booth not being in a public building, a sum not exceeding - - - - -1500 Such place of polling or booth being in a public building a sum not exceeding - - - 7 10 0 For the assessor to the returning officer, for at- tending the election, and for the first day’s pol- ling, a sum not exceeding - - - - 50 0 0 For each subsequent day’s attendance, a sum not exceeding - - - - - -1176 For each poll-clerk, for each day’s polling, a sum not exceeding - - - - - -129 For each deputy clerk of the peace, for each day’s polling, a sum not exceeding - - - 0 10 0 For each assistant deputy clerk of the peace, for each day’s polling, a sum not exceeding - - 0 5 0 For each interpreter, for each day’s attendance at a poll which may be required, a sum not exceed- ing - - - - - - - - 0 10 0 For each constable (of whom not more than two who are employed to attend a place of polling shall be paid), for each day’s polling a sum not exceeding - - - - - - - 050 The said allowances to cover all extra and incidental expenses belonging to each of the above-mentioned persons. For all incidental expenses, such as indentures, stamps, poll- books, advertisements, stationary, and all other expenses belonging to the execution of a writ or precept for holding an election, a sum not exceeding the rate of three pounds for each place of polling. Sbhedule (B). Payments which a Candidate may make at an Election to his Counself Agents^ Inspectors, and Clerks, £, s, d. To one barrister, as counsel for attending the elec- tion, and for the first day’s polling, a sum not exceeding ------- 50 0 0 For each subsequent day’s polling, a sum not ex- ceeding - - - - - - -1176 To one conducting agent, a sum not exceeding - 100 0 0 PART IV.] 3 Geo. IV. c. 55. 269 And an additional sum to cover all expenses bond fide incurred for making up books, and for other expenses necessary for taking a poll. To every other agent or inspector, for the first day’s polling, a sum not exceeding - - - 6 16 6 For every subsequent day’s polling, a sum not exceeding - - - - - - - 383 To each check clerk and other clerk, for each day’s polling, a sum not exceeding - - - -0150 The said allowances to cover all expenses for lodging, diet, and all other extra incidental expenses belonging to each of the above-mentioned persons. (No can- didate to pay more than one counsel, one conducting agent, one inspector, and one check-clerk, for each place of polling ; one agent for the sheriff’s booth; three agents for preparing tallies, and two clerks for the same purpose, for each barony or half-barony. ) No. 166.— 3 Geo. IV. c. 55. An Act for the more effectual Administration of the Office of a Justice of the Peace in and near the Metropolis, and for the more effectual Prevention of Depredations on the River Thames and its Vicinity, for Seven Years, July 5, 1822. s. 14. And be it further enacted. That no justice appointed Justices not to as aforesaid shall, during his continuance in such appointment be capable of being elected, or of sitting as a member of the ceiver, surveyor, house of commons; and that no justice, receiver, surveyor, or constable to or constable, appointed by virtue of this act, shall, during the time that he shall continue in his office respectively, or within six months after he shall have quitted the same, be capable of giving his vote for the election of a member to serve in parliament for the counties of Middlesex or Surrey, or for the city and liberty of Westminster, or the borough of Southwark respectively ; nor shall, by word, message, writ- ing, or in any other manner, endeavour to persuade any elector to give or dissuade any elector from giving his vote for the choice of any person to be a member to serve in par- liament for the said counties, city, or borough ; and every such justice, receiver, surveyor, or constable, offending therein, shall forfeit the sum of one hundred pounds ; one moiety Penalty, 1004 thereof to the informer, and the other moiety thereof to the use of the poor of the parish or place where such offence shall be committed ; to be recovered by any person that shall sue for the same, by action of debt, bill, plaint, or information, in any of his majesty’s courts of record at Westminster, in which no essoign, protection, privilege, wager of law, or more than one imparlance shall be allowed ; such action to be 2 3 270 4 Geo. IV. c. 36. [appendix I. Seat in parlia- ment not to be vacated by such appointment. No person to re- gister any free- hold under 20?. held jointly by virtue of any lease dated after 1st July 1823, or vote for any member of par- liament. Addition to oath of freeholders under 20?. brought within the space of one year after such offence committed : Provided nevertheless, that nothing in this act shall extend to subject any such justice, receiver, surveyor, or constable, to any penalty for any act done by him at or concerning any of the said elections, in the discharge of his duty in the said respective capacities. No. 167— 4 Geo. IV. c. 7. An Act to regulate the Appointment and Swearing into Office of the Chancellor of Exchequer of Ireland. 19?A March, 1823. s. 1. And be it further enacted. That if any person holding the office of chancellor of the exchequer of Great Britain shall at any time be appointed to be chancellor of the exchequer of Ireland, then and whenever it shall so happen, the said per- son so appointed shall not by such his appointment to the said office of chancellor of the exchequer in Ireland, or by his ac- ceptance thereof, vacate his seat as a member of the commons house of parliament, if he shall then be a member thereof. No. 168 4 Geo. IV. Ir. c. 36. An Act to discourage the granting of Leases in Joint Tenancy in Ireland. 21th June, 1823. Whereas the practice of granting leases to persons jointly, in common, or in partnership, still prevails in some parts of Ireland, to the material prejudice of the improvement of the people : And whereas the continuance of such practice is much induced by the facility thereby afforded of multiplying qualifica- tions (often colourable only) to vote for members to serve in parliament, contrary to the spirit of the laws and constitution : And whereas it is highly expedient such inducement should cease : 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 parlia- ment assembled, and by the authority of the same. That after the passing of this act, it shall not be lawful for any person to register any freehold under the yearly value of twenty pounds, held by virtue of any lease, deed, or other instrument, given or executed to any person or persons jointly, in common, or in partnership, after the first day of July next, or vote for a mem- ber or members to serve in parliament for any place in Ireland by virtue of any such freehold. s. 2. And be it it further enacted by the authority aforesaid That every person offering to register any freehold under the PART IV.] 4 Geo. IV. c. 43. 271 yearly value of twenty pounds, shall add to any oath or oaths which he may be legally required to take, the following words : “ And that I do not hold my said freehold by virtue of any lease, deed, or other instrument, executed after the first day of July, one thousand eight hundred and twenty-three, given or exe- cuted to any person or persons jointly, or in common, or in part- nership which addition to such oath or oaths the person or persons legally authorized to administer such oath or oaths is and are hereby empowered and required to administer : Pro- vided always, that nothing in this act shall extend or be con- stmed to extend to persons who have registered or shall register freeholds under the yearly value of twenty pounds, under a lease or leases for lives, renewable for ever, pursuant to the provisions of an act made in the first year of his present majesty’s reign, intituled. An act for the better regulating of polls, and for maknig further provision touching the election of members to serve in parliament for Ireland. s. 3. And be it further enacted. That in case any person shall wilfully and corruptly swear falsely in the said addition to the said oath or oaths, and shall be thereof duly convicted sucb persons shall be deemed guilty of perjury, and shall suffer the like pains and penalties, and incur the same disabilities, as persons guilty of wilful and corrupt perjury are subject to and incur. No. 169.— 4 Geo. IV. c. 43. An Act to Regulate the amount of Presentments by Grand Juries, for Payment of the Public Officers of the several Counties in Ireland. 21 th June, 1823. s. 7. And whereas by an act made in the first year of his pre- sent majesty’s reign, intituled. An act for the better regulation of polls, and for making further provisions touching the election of members to serve in parliament for Ireland, it was enacted, that it shall and may be lawful for the grand jury of every county, county of a town, or county of a city, at every Spring assizes, to present such sum or sums of money as should be a proper remuneration to the clerk of the peace for the expense of printing the registry books of each such county ; be it there- fore further enacted. That so much of the said act shall be and is hereby repealed ; and that it shall and may be lawful for the grand jury of every county, county of a town, and county of a city, in Ireland, at every spring assizes, and they are hereby required, authorized, and empowered, to present such sum or sums of money as may be necessary to defray the expense of printing the registry books in the manner described in the said ! act, to the person or persons who shall print the same, accord- j ing to the agreement entered into between such person or per- sons and the clerk of the peace of any such county, in pursuance to the provisions of the said act. i Not to extend to persons register- ing freeholds un- der 20^. Value under a lease for lives renewable for ever. 60 Geo. 3. & 1 Geo, 4. c. 11 . Persons swear- ing falsely guilty of perjury. 60 Geo. .3. & 1 Geo. 4. c. 11. Presentment to be made for the expense of print- ing registry books under re- cited act to the persons printing the same. •272 4 Geo. IV. c. 55. [appendix I. s. 11. Provided also, and be it enacted, That nothing in this tend”to thereto annexed, shall extend to the county of Dublin, or to the county of the city of Dublin, So much of re- cited acts as re- late to election of members for counties of cities and counties of towns, repealed, 35 Geo. 3. (I.) 37 Geo. 3. (I.) 45 Geo. 3. c. 59. 60 Geo, 3. & 1 Geo. 4. c. 11. Mayor or other chief mag-istrate to hold sessions for reg^istry of freeholders. No. 170.— 4 Geo. IV. c. 55. An Act to consolidate and amend the several Acts now in force so far as the same relate to the Election and Beturn of Members to serve in Parliament, for Counties of Cities and Counties of Towns in Ireland. Wheheas it is expedient to consolidate and amend the se- veral acts now in force, so far as the same relate to the elec- tion and return of members to serve in parliament for counties of cities and counties of towns in Ireland; be it therefore enact- ed, &c.. That from henceforth so much of an act, passed in the parliament of Ireland in the thirty-fifth year of the reign of his late majesty king George the third, intituled. An Act for regu- lating the election of members to serve in parliament, and for re- pealing the several acts therein mentioned ; and also so much of an act, passed in the thirty-seventh year of the reign of king George the third, intituled. An Act for the further regulation of the election of members to serve in parliament ; and also so much of an act, passed in the forty-fifth year of the reign of king George the third, intituled. An Act for amending an act passed in the parliament of Ireland, in the thirty-fifth year of his present majesty, for regulating the election of members to serve in parliament, so far as relates to freeholds under the yearly value of twenty pounds, and for making further and other regulations relating thereto ; and also so much of an act, passed in the first year of the reign of king George the fourth, intituled, An Act for the better regulation of polls, and for making further provision touching the election of members to serve in parliament for Ireland, as relate to the election of members to serve in parliament for any county of a city, or county of a town, shall be repealed. s. 2. And whereas the number of justices who are empow- ered to act within several of the counties of cities or counties of towns in Ireland, agreeable to the charters thereof, is ex- tremely limited, and often confined to those who from age and infirmity are incapacitated for active performance of duty ; and whereas it is necessary to provide against any consequent inconvenience or delay of persons possessed of freehold pro- perty, who wish duly to register such freeholds, and to qualify themselves for exercising the elective franchise ; be it further enacted. That in all counties of cities and counties of towns in Ireland, on the day immediately preceding the opening of each general quarter sessions of the peace, unless such day shall fall upon a Sunday, and in such case on the day next but one preceding the opening of each general quarter sessions of PART IV.] 4 Geo. IV. c. 55. 273 the peace, and upon the day immediately after the criminal and other business of every such sessions shall have been fully transacted, unless such day shall fall upon a Sunday, and in such case on the second day after such business shall have been fully transacted, the mayor or other chief magistrate of such county of a city or county of a town, or his sufficient de- puty appointed by him pursuant to charter or prescription, in case of his absence from such city or town, or his illness, shall, upon being required so to do by any freeholder of such county of a city or county of a town, hold an open court of sessions for the purpose of registering all such freeholders as shall present themselves for that purpose, in such manner and form as is by this act required ; and that the said mayor or other chief magistrate, or his deputy, shall commence his sitting on each day at the hour of ten of the clock in the forenoon, and shall continue it until the hour of four of the clock in the afternoon : Provided, however, that in case any jf two justices two justices of the peace for said county of a city or county attend, mayor’s of a town shall attend at such sessions during the time ap- Jecess^y!^^^ pointed for the attendance of the said mayor or other chief magistrate, upon such respective days or either of them, or during any portion of such time, then and in such case the attendance of the said mayor or other chief magistrate shall not be required during the time of the attendance of such two justices of the peace. s. 3. And be it further enacted. That it shall be lawful for Freeholds may be any person possessed of a freehold in any county of a city or sefsfons.^^ county of a town, register the same before the mayor or other chief magistrate, or his deputy, or before any two justices of the peace presiding at such sessions, to be held for such county of a city or county of a town, or before any two justices of the peace, or the recorder or deputy recorder, presiding in open court at any quarter sessions of the peace for the county of the city or county of the town in which such freehold is situate, or at any adjournment thereof or any adjournment of such adjournment. s. 4. And be it further enacted. That when any per- Freeholders, son, seised of any freehold in any county of a city or county having freeholds, of a town, which freehold shall not consist of a rent- i*^rent°chargef of charge, shall be desirous to register the same as being of 50?. or 20^. to take the value of fifty pounds, or twenty pounds, such person shall in open court, at some sessions to be held as aforesaid, or adjournment thereof, before the mayor or other chief ma- gistrate, or his deputy, or before two justices of the peace, before the recorder or deputy recorder presiding thereat, take and subscribe the following oath [or if a Quaker, the follow- ing affirmation] : “ I, of in the county of or of the city or town of [as the case may be] do swear, [or if a Quaker, do affirm], that I am a freeholder of and that I have and am now in actual possession of a freehold therein, 274 4 Geo. IV. c. 55. [appendix I. Persons holding freeholds consist- ing of rent charge of 501. or ‘201. to take the following oath. Oath. Freeholders un- der the value of iiO/. to take the arising from a house or houses, or from land, or both, or other hereditaments [as the case may be] of the clear yearly value of or [as the case may be] above all charges payable out of the same, lying and being at or in [naming the land out of which such freehold shall arise, if the same shall arise out of land, or the street or place where such house or houses or other hereditaments shall be situate, in case such freehold shall arise out of any house or houses, or other hereditaments] in the county of the city [or county of the town, as the case may be] of and that the said freehold does not arise from a rent charge, nor have I procured it fraudulently, nor has it been granted fraudu- lently to me, or in exchange for a freehold in any other county. s. 5. And be it further enacted. That when any person seised of any freehold in any county of a city or county of a town, which freehold shall consist of a rent charge, shall be desirous to register the same as being of the value of fifty pounds, or twenty pounds, such person shall in open court at some sessions to be held as aforesaid, or adjournment thereof, or before the mayor or other chief magistrate, or his deputy, or before two justices of the peace, or before the recorder or deputy recorder presiding thereat, take and subscribe the following oath [or, if a Quaker the following affirmation] ; « I, of in the county of or of the city or town of [as the case may be] do swear [or if a Quaker, do affirm], that I am a freeholder of and that I have a freehold therein of the clear yearly value of or [as the case may be] at the least, above all charges payable out of the same consisting of a rent charge granted by deed, bearing date the day of in the year [if the same shall be granted by deed, and in case it shall not be granted by deed, then stating the particulars of the title of such person to such rent charge on a house or houses, or on land, or both, or other heredita- ments, as the case may be,] lying and being at or in [naming the land out of which such rent- charge shall arise, if the same shall arise out of land, or the street or place where such house or houses, or other hereditaments, shall be situate, in case such rent-charge shall arise out of any house or houses, or other hereditaments,] in the county of the city or county of the town [as the case may be] of and that I am in the possession thereof to the clear amount of or [as the case may be] yearly value thereof, and am entitled to receive the same as it becomes due.” s. 6. And be it further enacted, That every person who shall be seised of a freehold under the value of twenty pounds in any county of a city or county of a town, and who shall be PART IV.] 4 Geo. IV. c. 55. 275 desirous to register the same, shall in open court, at some sessions to be held aforesaid, or adjournment thereof, before the mayor or other chief magistrate, or his deputy, or before two justices of the peace, or before the recorder or deputy recorder presiding thereat, produce the deed, lease, or instru- ment under which his freehold shall arise, and shall take and subscribe the following oath [or if a Quaaker the following affirmation] : “ I, of in the county of or of the city or town of [as the case may be] do swear, [or if a Quaker, do affirm,] that I am a freeholder of , and that I have a freehold therein arising from a house or houses, or from lands, or both, or other hereditaments [as the case may be] of the clear yearly value of forty shillings at the least, above all charges payable out of the same, lying and being at or in [naming the land out of which such freehold shall arise, if the same shall arise out of land, or the street or place where such house or houses or other hereditaments shall be situate, in case such freehold shall arise out of any house or houses or other hereditaments] in the county of the city [or county of the town, as the case may be] of and that the said freehold does not arise from a rent-charge, and that the same arises by virtue of the deed, or by virtue of the lease, or by virtue of the instrument, or by virtue of the deed, lease, or instrument [using all or any or either of the said terms, deed, lease or instrument] which I now produce, bearing date the day of in the year of for the life or lives of [or, in case the said freehold be not for life or lives, then stating the nature of his tenure, as the case may be] at the yearly rent of [specifying the whole yearly rent, or the yearly rent per acre, or such yearly rent per acre, together with the number of acres] and that I am in the actual oecupation thereof by residing thereon, or by tilling or by grazing, or by both tilling and grazing [or by all or any or either of the said means, stating the same copulatively or dis- junctively, as the case may be] to the amount of at least forty shillings yearly value thereof ; and that the said freehold is not let or agreed to be let to the person or persons who executed the said deed, lease, or instrument [as the case maybe], or to the heirs or assigns of such person or persons, or to any one in trust for him, her, or them, nor do I intend to let the same to such person or persons,“ or any of them ; and that I have not agreed to let it for the term for which I hold it, nor have I procured it fraudulently, or in exchange for a freeehojd in any other county. So help me God.” And if the freehold, in right of which any person shall desire to qualify himself to vote, shall not arise by virtue of a deed, lease or instrument, the person desiring to register it shall describe the same in the oath or affirmation so to be taken following oath. Oath ' Persons having freeholds not arising from a deed or lease, to describe the same in the oath. 276 4 Geo. IV. c. 55, [appenIhx I. No tax, cess, &c. shall be deemed a charg-e, &c. Oath to be signed by mayor, jus- tices or recorder, &c. and delivered to clerk of the peace. Where 50/. free- holders take oath as herein in Dub~ liny or assizes, &c. such may be produced at ses- sions, &c, and shall be as good as if taken at sessions. Freeholders on actual service in army or militia may register where they are quartered. by him, according to the true state and nature of his tenure, in which case the words in the foregoing oath, importing that the same arises by virtue of a deed, lease, or instrument, shall be omitted, and such description inserted in the place thereof. s. 7. And be it further enacted. That no public or parlia- mentary tax, county, church, or parish cess, on any town- land or division of any parish or barony, shall be deemed any charge payable out of any freehold estate, within the meaning of this act, or any of the foregoing oaths or affirmations. s. 8. And be it further enacted. That every such oath or affirmation as is hereinbefore mentioned shall, when sworn or affirmed to, be signed by the said mayor or other chief magis- trate or his deputy, or before such two justices of the peace, or before the recorder or deputy recorder presiding at such sessions as aforesaid, and shall be then and there delivered by such mayor or other chief magistrate or his deputy, or by such justices of the peace, or by the said recorder or deputy recorder, to the clerk of the peace of such county of a city or county of a town, to be filed and kept amongst the records of the court. s. 9. And be it further enacted. That where the freehold, whether consisting of a rent-charge or not, shall be of the clear yearly value of fifty pounds, and the freeholder who shall be seised of the same shall take and subscribe the oath or affirmation (as the case may be) respectively required as aforesaid to be by him taken for registering a freehold (whe- ther rent-charge or not) as of the value of fifty pounds, in any of the courts of king’s bench, common pleas, or exche- quer, in the city of Dublin, or at any assizes, and the same shall be subscribed by one of the judges of such courts, or the judge of assize, such oath or affirmation so subscribed may be produced at any sessions of the peace as aforesaid, held in the county of the city or county of the town where such freehold lies, and when read aloud there in open court, shall be signed by the mayor or other chief magistrate, or his deputy, or by the justices of the peace, or by the recorder or deputy recorder presiding there, and shall then be deli- vered by the court to the acting clerk of the peace, to be filed and kept amongst the records of such county of a city or county of a town ; and every such oath or affirmation so taken shall be of equal effect for registering such freehold, within the meaning of this act, as if it had been made at the sessions of the peace as aforesaid. s. 10. And be it enacted. That if any person seized of a freehold, whether consisting of a rent-charge or not, shall be in actual service, either in the army or militia, out of the county of a city or county of a town where such freehold lies, and shall take and subscribe the oath or affirmation required by this act to be by him taken for registering such freehold, at any sessions of the peace or adjournment thereof held in the county, town, or city in which he shall be quartered or sta- PART IV.] i Geo. IV. c. 55. 277 tioned, stating therein the regiment, battalion, troop or company (as the case may be) to which he belongs, such affidavit shall be subscribed by the mayor or other chief ma- gistrate or his deputy, or by the justices of the peace, or by the recorder or deputy recorder presiding thereat, and coun- tersigned by the clerk of the peace for such county, town, or city, who shall certify that the corps in which he serves is quartered or stationed therein ; and such oath or affirmation so subscribed and countersigned may be produced at any ses- sions of the peace or adjournment thereof, or at any adjourn- ment of an adjournment, held in the county of the city or county of the town in which such freehold lies, and when read aloud therein in open court, shall be signed by the mayor or other chief magistrate or his deputy, or by the justices of the peace, or by the recorder or deputy recorder presiding there, and shall be delivered to the acting clerk of the peace, to be filed and kept amongst the records of the county; and every such oath or affirmation so taken shall be of equal effect for registering such freehold, as if it had been made at the sessions of the peace for the county of the city or county of the town in which such freehold is situated. s. 11. Provided always, and be it enacted. That the mayor Freeholds not to and other chief magistrate or his deputy, or the justices of unlelfinstru. the peace, recorder or deputy recorder presiding at such ses- ments under sions, shall not allow any person to register his freehold by virtue of any written instrument, unless the same be stamped ^ according to law ; and the clerk of the peace shall state in every certificate to be provided by him, as aforesaid, of the registry of a freehold registered by virtue of a written instrument, as of the value of dOs. only, that the same was registered by virtue of a written instrument stamped according to law. s. 12. And be it further enacted. That every clerk of the Certificate of peace for the county of a city or county of a town shall give, immediately on the registry of any freehold as aforesaid, to Solder, ^orwhicli every person registering the same, if he shall demand it, a the clerk of the form of certificate, wherein it shall be certified that such per- pafdIJ. ^ son hath duly registered such freehold, and wherein shall be recited exactly the oath or affirmation made or taken by such person, and such certificate shall, if required by the person registering such freehold, be signed by the mayor or other chief magistrate or his deputy, or by the justices of the peace, or the recorder or deputy recoi'der presiding at such sessions as aforesaid ; and such certificate of registry so signed as aforesaid shall be sufficient evidence at any election of the registry of such freehold, if such certificate shall be without any erasure or interlineation ; and the clerk of the peace shall be paid by such freeholder for every such form of certificate the sum of three-pence. s. 13. And be it further enacted. That the acting clerk of Substance of affi- the peace at every sessions of the registry shall, within ten davit to been, days after each affidavit or affirmation of registry shall have book. 2 a 278 4 Geo. IV. c. 55. [appendix I. been signed as aforesaid, enter in a book or books the sub- stance of every affidavit or affirmation, in the form following : Form of Entry of Affidavit, No, Name of Free- holder. Place of Abode. Situa- tion of Free- hold. Name of Land- lord. Value of Free- hold. Names of Lives or other Tenure. Date of Registry Deed or lease s. 14. And be it further enacted. That every deed, lease, or sbus re^sterFnff' i^istrument produced by any person intending to register a free- freehold to be iL hold under the value of twenty pounds as aforesaid, shall be indorsed at the time in open court, by the acting clerk of the e peace. peace, with his name, and the day of the month and year, and the clerk of the peace shall then and there compare the deed, lease, or instrument, with the affidavit of registry. Registry not to s. 15. And be it further enacted. That the registry of any irregularity in freehold shall not be impeached on account of any irregularity holding- sessions in the holding or adjourning of any sessions from whence the an certain cases, sessions at which such freehold shall have been registered shall have been adjourned, either directly or by any adjournment or adjournments, provided such latter sessions shall have been duly and regularly held in all other respects. Franchises of s. 16. And be it further enacted. That nothing in this act re^^^er^^not ^o shall extend or be construed to extend so as to limit, be affected. abridge, or defeat the franchise of any person or persons, who before the passing of this act shall have duly registered his or their freehold or freeholds under the act or acts in force at the time of such registry. mr^OT^&°for And be it further enacted. That if the mayor or ne^ect of duty, Other chief magistrate of any county of a city or county of a 100^. town shall neglect or wilfully omit to hold any such session by himself, or by his sufficient deputy, in manner and form as hereinbefore directed, upon being required so to do by any freeholder of any county of a city or county of a town ; or if any mayor or other chief magistrate, or the justices, recorder, or deputy recorder, presiding at any sessions of the peace to be PART IV.] 4 Geo. IV. c. 55. 279 held for any county of a city or county of a town, shall omit or neglect, or wilfully refuse to register the freehold of any person duly qualified who shall present himself for that purpose, to such mayor or other chief magistrate, justices, recorder, or deputy recorder, such mayor, or other chief magistrate, justices, recorder, or deputy recorder so offendinff, shall forfeit the sum or one hundred pounds for each and every such neglect of neglect of duty, duty ; and that if the clerk of the peace for any county of a city or county of a town, shall neglect or omit to attend at any such sessions of the peace as aforesaid, upon due notice being given to him of the holding of the same, by any free- holder of such county of a city or county of a town, or shall neglect or omit to do all or any of the acts hereby required to be done by him for the registry of freeholders, such clerk of the peace shall for every such offence forfeit the sum of fifty pounds ; such penalties to be recovered by information in any of his majesty’s courts of record in Dublin^ one moiety whereof shall be payable to our lord the king, and the other moiety to him who shall sue for and recover the same. s. 18. And be it further enacted, That the clerk of the Clerk of the peace of every county of a city or county of a town shall enter, ^n^rfes^o^f suclf ^ in the form hereinbefore appointed for the entry of freeholds, registers in the substance of every affidavit of every freeholder who shall alphabetical have registered a freehold for such county of a city or county of a town, of forty shillings, or twenty pounds, from the first day of January^ one thousand eight hundred and sixteen, and the substance of every affidavit of every freeholder who shall have registered a freehold of such county of a city or county of a town, of fifty pounds : but such entries shall be made in alpha- betical order, according to the surnames of the persons who shall have registered freeholds, and in separate books, having one book for each letter of the alphabet ; and each of such books shall be divided into three parts, the first part containing the forty shillings freeholds registered from the first day of January one thousand eight hundred and sixteen, the second containing the entries of twenty pounds freeholds from the same time, and the third part the entries of fifty pounds freeholds ; and such clerk of the peace shall affix before each name a number, to show how many have been registered of each description of freehold under each letter of the alphabet ; and shall also affix before each name the number affixed thereto in the original registry book or books ; and the clerk of the peace of every county of a city or county of a town, shall from time to time enter in the same manner and form every affidavit of re- gistry which shall hereafter be made. s. 19. And be it further enacted. That within one calendar Copies of books month next after the first day of January ^ one thousand eight to be printed, hundred and twenty-four, every clerk of the peace shall cause to be printed in the cheapest manner, and by contract, not less than fifty or more than two hundred copies of all entries in the said registry books ; and that every clerk of the peace shall, within one calendar month after the first day of January i one 280 4 Geo. IV. c. 55, [appendix I. One copy to be delivered to each j ustice, and six copies to each member. Clerk of the peace to furnish copies of entries in registry books, and to be paid at the rate of 3d. for every 100 names. Penalty for omitting to fur- nish copy, 100/. Clerk of peace neglecting to keep books or to make entries, &c. shall forfeit 100/. and be dis- qualified; for neglecting to at- tend at sessions, &c. 50/. Grand juries may present for ex- pense of printing alphabetical books, and pro- thousand eight hundred and twenty-four, and within one ca- lendar month after the first day of January in every succeeding year, cause to be printed not less than fifty or more than two hundred copies of all entries in the registry book of each county of a city or county of a town, of all affidavits or affirm- ations of persons who have registered their votes within the year then last past, ending on such first day of January re- spectively ; and that the clerk of the peace of every county of a city or county of a town shall deliver in each year one printed copy of the registry books to each justice of the peace residing in such county of a city or county of a town, and six copies thereof to each member of parliament for the time being for such city or town : Provided always, that the clerk of the peace shall not suffer the original registry books to be out of his possession, but shall cause copies of them to be made for the purpose of printing the same. s. 20. And be it further enacted. That every clerk of the peace of any county of a city or county of a town, shall, from time to time, at the request of any freeholder of such county of a city or county of a town, within ten days from such request, deliver to such person a true copy of the registry of all free- holders which shall have been registered in such county of a city or county of a town, as appearing on the original registry books, or a true copy of the same as appearing in the alpha- betical books hereinbefore mentioned, or the registry of any freeholds, as appearing in any or either of the said books, within any period to be stated by the freeholder making such request, the said clerk of the peace receiving for the same at the rate of three-pence for every hundred persons’ names contained in the said copy ; and if any clerk of the peace shall omit to furnish a copy of the registry of any freeholders as aforesaid, within the time hereinbefore stated, such clerk of the peace shall for every such offence forfeit the sum of one hundred pounds to any person suing for the same. s. 21. And be it further enacted. That if any clerk of the peace shall omit or neglect to keep any of the books hereby required, or to make due entries therein in the order and form required, or to file any oath and affirmation delivered to him to be filed, and to preserve the same free from erasure, blot, interlineation, or damage, he shall for every such offence for- feit the sum of 1001., and be incapable of serving as a clerk of the peace for any county ; and if he shall neglect or refuse to attend at any sessions whereat freeholders may be registered by virtue of this act, or shall omit to give copies of the re- gistry books aforesaid, or any of them, or any part thereof, within a seasonable time after demand, he shall forfeit for every such offence the sum of 501. to any person suing for the same. s. 22. And be it further enacted. That it shall and may be lawful for the grand jury of every county of a city, or county of a town, and they are hereby authorized, empow- ered, and required, to present such sum or sums of money as PART IV.] 4 Geo. IV. c. 55. 281 shall be proper for the expense of printing the aforesaid books in the manner and form hereinbefore directed ; such grand jury shall also present the expenses of providing the registry and alphabetical books hereinbefore mentioned. 8. 23. And be it further enacted, That no person shall be admitted to vote at any election of a member or members to serve in parliament for any county of a city or county of a town, by virtue of a freehold, unless suck freehold shall have been registered in manner hereinbefore directed ; and that no person shall be admitted to vote at any such election by virtue of a freehold registered at the value of twenty pounds or forty shillings, unless such freehold shall have been registered within eight years preceding the teste of the writ for holding such election ; and that no person who shall have registered any freehold as of the value of 50L or 20/., such freehold not arising out of a rent-charge, shall be admitted to vote at any such election, unless such freehold shall have been registered six months at the least before the teste of the writ for holding such election ; and if such person shall have let or agreed to let the same to the person or persons from whom he holds it, or to the heirs or assigns of such person or persons, or to any one in trust for him, her, or them, or who has let or agreed to let the same, or more thereof than shall leave a residue sufficient to constitute such freehold, for the term for which he holds it, then such person shall not be permitted to vote at any such election, unless he shall have registered such free- hold twelve calendar months previous to the teste of such writ ; and that no person, having registered a freehold arising out of a rent charge, shall be admitted to vote at any such election, unless such freehold shall have been registered twelve months at the least before the teste of the writ for holding such election ; and no person, having registered a freehold as the value of 40s., shall be admitted to vote at any such election by virtue of any freehold which shall be let or demised to the person or persons from whom he holds or de- rives the same, or to any person in trust for him or them, or to his or their heirs or assigns, or wdiich shall be let or demised to any person or persons for the same term for which he holds the same ; and that no person, having registered a freehold as of the value of 40s., shall be admitted to vote at any such election, unless such freehold shall have been regis- tered twelve calendar months at the least before the teste of the writ for holding such election, except such freehold shall have come to him by descent, devise, marriage, or marriage- settlement; and in case such freehold shall have come to him by descent, devise, marriage, or marriage-settlement, then such person shall not be permitted to vote by virtue thereof, unless the same shall have been registered six calendar months previous to the teste of such writ. s. 24. And be it further enacted. That no person shall be admitted to vote at any election of any member or members to serve in parliament for any county of a city or county of a 2 a 3 viding registry books. No freeholder to vote unless re- gistered. Freeholds of 20^. or 40^. to be re- gistered within eight years be- fore teste of writ. Freeholds of 50^. or 201. to be re- gistered six months ; and if let to per- son under whom held, or for terra for which held, to be registered twelve months. Rent- charger not to vote un- less freehold re- gistered twelve months. 40^. freeholder not to be ad- mitted to vote, if freehold let to person under whom derived ; or if freehold let for term for which held ; or unless twelve months register- ed; unless de- rived by descent, &c. If freehold shall come by descent, to be six months registered. None to vote by virtue of free- holds, granted fraudulently, or 282 4 Geo. IV. c. 55 . [appendix I. m consideration town, by virtue of any freehold granted fraudulently, or in rent exchange for a freehold in any other county, or in considera- tion of any increase of rent out of any other lands in the same or in any other county, held by such person from the grantor, though such consideration be not expressed in the deed or grant. None to vote un- s. 25. And be it further enacted. That no person shall be der 21 years old. admitted to vote at any election of a member or members to serve in parliament, who is under the age of twenty-one years. s. 26. And be it enacted. That if any person or persons shall fraudulently and knowingly grant any interest importing to be a freehold, which really is not so, with intent to enable any person to vote as a freeholder at any election of a citizen or citizens, by any county of a city or county of a town, such grant shall be good and valid against the grantor thereof, for every purpose but enabling the grantee to vote. s. 27. And be it further enacted. That if such grantor shall be possessed only of a term of years therein, and shall demise the same, or any part thereof, for a life or lives, with intent to induce the lessee therein to register such a free- hold for any county of a city or county of a town, or to vote as a freeholder thereout, he shall forfeit the sum of one hun- dred pounds to any person who shall sue for the same, by action, bill, plaint, or information, in any court of law. s. 28 And be it further enacted. That from and after the passing of this act, all estates, grants, and conveyances what- soever, made to any person or persons in any fraudulent or collusive manner, on purpose or with intent to qualify him or them to give his or their vote or votes at any election or elec- tions, citizens for counties of cities, burgesses for counties of towns, subject to conditions or agreements to defeat or deter- mine such estates, grants, and conveyances, shall be deemed and taken against the person or persons who granted such estate as free and absolute, and be holden and enjoyed by all and every person and persons to whom such conveyance or grant shall be made as aforesaid, freed and absolutely ac- quitted, exonerated, and discharged of and from all manner of trusts, conditions, clauses of re-entry, powers of revoca- tion, provisoes of redemption, or other defeasances whatso- ever, between or wdth the said parties, or any other person or persons in trust for them ; and that all bonds, covenants, 5 for collateral or other securities, contracts or agreements between redemption shall or with the said parties, or any other person or persons in be void. trust for them, or any of them, for the redeeming, revoking, or defeating, such estate or estates, or for the restoring or re-conveying thereof, or any part thereof, to any person or persons, in trust for them, or any of them, shall be null and Persons who ex- void to all intents and purposes whatsoever ; and that every ecute or prepare person who shall make and execute such conveyance or con- such conveyan- ^ i i i in ces, or who vote veyances as aforesaid, or, being privy to such purpose, shall fedt lOoT*^^’ devise or prepare the same, and every person who, by colon r Grant fraudu- lently made as freehold, to be valid against grantee. Penalty on per- sons making grants as free- hold, to induce lessees to regis- ter them as free- holds, having only a term of years therein. Conveyances made fraudu- lently to qualify voters shall be deemed valid against the per- sons who grant them. All covenants f PART IV.] 4 Geo. IV. c. 55. 283 thereof, shall give any vote at any election for any such member to serve in parliament, shall for every such grant and conveyance so made, or vote so created or given, forfeit the sum of one hunded pounds sterling to any person who shall sue for the same, to be recovered by information in any of his majesty’s courts. s. 29. And be it further enacted. That no person shall be admitted to vote at any election by reason of any trust estate or mortgage, unless such trustee or mortgagee shall have been in the actual possession or receipt of the profits thereof, for his own use, twelve calendar months before the teste of the writ for holding such election, and the mortgagor or cestui que trust in possession (or both, as the case may be) may vote out of such estate, notwithstanding such mortgage or trust : provided always. That no rector, vicar, or curate, shall be obliged to register his freehold arising from his rec- tory, vicarage, curacy, or other ecclesiastical preferment, or be precluded from voting at any election on account of his not having registered the same : provided always, That no person shall be precluded from voting by virtue of any free- hold, on account of having sold, alienated, or disposed of any part of the freehold he shall have registered between the date of such registry and the day he shall offer his vote, if he shall have retained thereof to the annual value sworn in such registry. s. 30. And be it further enacted. That the town clerk or other officer of each county of a city or county of a town in Ireland^ who shall have charge of the books whereby it shall appear to what persons the freedoms of such city or town shall be granted, and by which it shall appear what persons have been declared entitled to their freedom as of right, shall keep a book containing a list of the names of the per- sons elected or admitted freemen, and of the persons to whom all freedoms shall be granted, and of the persons who shall be declared entitled to their freedom as of right ; and such town clerk or other officer shall, at the request of any freeman of the said city or town, within ten days from the time of making such request, deliver to such person a list of the names of the persons elected or admitted freemen, and of the persons to whom such freedoms shall be so granted, and of the persons who shall be so declared entitled to their freedom as of right, within such time as shall be specified by such person, such town-clerk or other officer receiving for the same at the rate of three-pence for every hundred persons’ names contained in such list ; and if any town-clerk or other officer as aforesaid shall omit to keep a book containing the entry of such names, or shall omit to furnish a list of the names of such persons within the time appointed for furnishing the same as afore- said, after request made as aforesaid, such town-clerk or other officer shall for every such offence forfeit the sum of one hundred pounds to any person suing for the same. s. 31. And be it further enacted. That any mayor, bailiff, town clerk, or other officer of any corporation having a right No trustee or mortgagee to vote, unless in possession 12 months before the teste of writ. Mortgagor may vote. Clergymen not obliged to re- gister ecdesias- tical freeholds. None precluded who have dis- posed of a part, if they retain as much as sworn to. Town clerk or other proper officer of city or town, to keep re- gistry book of persons to whom freedom shall be granted ; and give lists of entries when re- quired, on re- ceiving at the rate of 3(f. for every 100 names. Penalty for neglect, 100/. Officers of corpo- rations to admit candidates, &c. 284 4 Geo. IV. o. 55. [appendix j. at times herein to return members to parliament, shall upon the demand of ^ect^books ^on”' candidate, agent, or freeman of such corporation, on payment of 2s. payment of 2s. 6d., permit such freemen, between the hours 6d, and give co- Qf twelve at noon and three in the afternoon, at any time to 2.y.^6i!*for^eacli”^ inspect the books and papers wherein the admission of free- admission. men shall be entered, and to have copies or minutes of the admission of so many freemen as such candidate, agent, or freeman shall think fit, upon payment to such mayor or other officer of 2s. 6d. for every such admission ; and such books and papers shall, if demanded by such candidate or his agent or freeman, be produced by such mayor or other officer ; and Penalty for re- if such mayor or other officer shall refuse or deny such candi- fusal, 100/. date, agent, or freeman the inspection of such books and pa- pers at any election, if demanded and paid for in the manner hereinbefore set forth, such mayor or other officer shall for every such offence forfeit the sum of 100/. to him, her, or them who shall sue for the same, to be recovered in manner hereinafter mentioned. Freemen not to s. 32, And be it further enacted, That no person shall be TnitLd”to^freeI admitted to vote as a freeman at any election of a member to dom, or freedom serve in parliament, whose freedom shall not have come to fbc months^be*^ service, birthright, or marriage, unless he shall have fore teste of been elected or admitted to his freedom, or his freedom shall writ. have been granted to him, six calendar months at the least before the teste of the writ for holding such election. Sheriffs shall in-. s. 33. And be it further enacted. That immediately after dorse on writs the receipt of the writ for making an election for any county of time^of rectdving ^ county of a town, the sheriffs or other returning of- thereof, and fleers of such county of a city or county of a town shall and t?on aiid affix” hereby required to indorse thereon the date of receiv- notice on the ing the same ; and that such sheriffs or other returning officers court-house. shall, within two days after the receipt of such writ, cause pro- clamation of the time and place of holding such election to be made, at the usual place of holding such elections, between the hours of ten of the clock in the forenoon and two of the clock in the afternoon ; and that the said sheriffs or other returning officers on the same day shall cause to be affixed on the doors of the court-house of such county of a city or county of a town, public notice of a special county court, to be there holden for the purpose of such election only, and which shall be holden on the same day (Sunday, Christmas Day, and Good Friday excepted,) not later from the day of making such proclamation and affixing such notice than eight days, nor Whenever more than 800 free- holders are re- gistered in any county of a city or county of a town, additional places of polling shall be provided, ike. sooner than four days. s. 34. And be it further enacted. That whenever in any county of a city or county of a town the number of freeholders appearing by the books of the clerk of the peace capable of vo- ting at any election for the same shall exceed eight hundred freeholders, it shall and maybe lawful for the returning officers and they are hereby required to provide two or more places for the polling the freeholders of such county of a city or county of a town, and to make such division or divisions of the free- PART IV.] 4 Geo. IV. c. 55, 285 holders of such county of a city or county of a town, according to the first letters of their names, that it shall not be necessary for more than eight hundred freeholders to poll in any one place of polling, but so as not to divide the names beginning with the same letter of the alphabet ; and such returning Deputies and officers shall, and they are hereby required to appoint as many deputies and poll-clerks as shall be necessary to take the poll in such places of polling, not exceeding one deputy and one poll-clerk for each place of polling ; provided, however, that no greater number of polling places shall be provided by such returning officers, than one for every eight hundred freeholders, appearing by the books of the clerk of the peace to be capable of voting at such election. s. 35. And be it further enacted, That whenever, in any When freemen county of a city or county of a town, the number of freemen ^ace^o/^ appearing by the grand panel or roll of freemen of such polling to be pro- county of a city or county of a town, capable of voting at any videdfor them, election for the same, shall exceed one thousand, it shall and may be lawful for the sheriffs or other returning officers, and such returning officers are hereby required, to provide two places for the polling of the freemen of such county of a city or county of a town ; and that it shall and may be lawful for the returning officers, and they are hereby required to appoint as many deputies and poll-clerks as shall be necessary to take the poll in such places of polling, not exceeding one deputy and one poll-clerk for each place of polling ; the respective places of polling of freemen to be separate and distinct from the places appointed for the polling of freeholders; provided, however, that no greater number of polling places than two shall be provided by such returning officers for such county of a city or county of a town. s. 36. And be it enacted. That every poll which shall be de- Poll shall begin manded at any election of a member or members to serve in the day when parliament for any county of a city or county of a town in day after, and Ireland, shall commence on the day upon which the same shall continue ^daily, be demanded, or upon the next day after at farthest (unless so^clm^k^on the^ such day shall happen to be a Sunday, Christmas Day, or loth day {Sun^ Good Friday, and in such case on the day next after,) and shall be duly and regularly proceeded in from day to day, for Friday except- so many hours of each polling day as the returning officer or officers is or are by this act directed to keep the poll open (Sundays, Christmas Day, and Good Friday always and only excepted,) until the same be finished, but so that no poll for the election of a member or members to serve in parliament for any county of a city or county of a town in Ireland shall continue more than fifteen days at the most ( Sundays, Christ- mas Day, and Good Friday always excepted) ; and if such Return shall be poll shall continue until the fifteenth day, then the same shall be finally closed at or before the hour of three o’clock in the afternoon of the same day ; and the returning officer or officers at every such election shall, immediately after the final close of the poll, truly, fairly, and publicly declare the name or 286 4 Geo. IV. c. 55. [appendix I. Returning' officer to take the fol- lowing oath. Oath. Deputies to take the folloAving oath. Oath. Oath of clerk for taking poll of freeholders. names of the person or persons who hath or have the majority of votes on such poll, and shall forthwith make a return of such person or persons. s. 87. And be it further enacted, That every returning of- ficer shall, before the commencement of polling, take and sub- scribe in open court the oath following, which every justice of the peace is hereby required and authorized to adminis- ter : — “I, A. JB.j do swear, That I will honestly, impartially, and without favour to any candidate, take the poll at this election ; and that I have not directly or indirectly received, nor will I hereafter directly or indirectly receive any money, gift, reward, promise, contract, or security for money or other reward, for or in respect of the conduct which I shall observe during the en- suing poll, or the return which I shall make at the close thereof, except the expenses of erecting booths, hiring buildings, keep- ing them in repair, and the payment of clerks and deputies, and counsel for my assistance ; and that I will return such person or persons as shall appear to the best of my judg- ment, at the close of the poll, to have the majority of legal votes.” And that every deputy appointed by virtue of this act shall, before he proceeds to take the poll, take and subscribe, in open court, the oath following, in the presence of the returning of- ficer or officers, who is and are hereby required and empowered to administer the same : “I, A. S.f do swear, That I will honestly, impartially, and without favour to any candidate, take fhe poll at this election ; and that I have not directly or indirectly received, nor will I hereafter directly or indirectly receive, any money, gift, reward, promise, contract, or security for money, or other reward, for or in respect of the conduct I shall observe during the ensuing poll ; and that I will make a fair and true return of all such persons as shall tender their votes before me, to be by me taken to the returning officer or officers by whom I am appointed, whenever and as often as I shall be thereunto required by him or them.” And a memorandum of every of the said oaths being taken shall be entered on the poll-book. s. 38. And be it further enacted. That every person whom any returning officer at any election for a member to serve in parliament for any county of a city or county of a town shall employ to act as clerk for taking the poll of freeholders shall, before his beginning to take such poll, take an oath in the form following : — “ I, A. B.y do swear, That I "will at this election of a member [or members, as the case may be] to serve in parlia- ment for the county of the city or the county of the town [as the case may be] of truly and indifferently take the poll, and set down the number opposite to the name of each freeholder in the registry book, his name and the place of his PART IV.] 4 Geo. IV. c. 55. 287 abode, and the situation and the value of his freehold, and for whom he shall poll.*’ Which oath every returning oiRcer is hereby authorized and His duty, empowered to administer ; and every such clerk of the peace shall enter in a book, to be provided for that purpose, the num- ber which shall appear in the alphabetical registry book, opposite to the name of each freeholder who shall tender his vote, or offer to poll at such election, in the booth to which such clerk shall be appointed, the name of such freeholder, and the place of his abode, the situation and value of his freehold, and for whom he shall vote. s. 39. And be it further enacted. That every person whom Oat^ of clerk any returning officer, at any election for a member to serve in freemen.^^^ parliament for any county of a city or county of a town, shall employ to act as a clerk for taking the poll of freemen, shall, before his beginning to take such poll, take an oath in the form following : — ‘‘ I A. B.f do swear. That I will at this election of a member or members [as the case may be] to serve in parliament for the county of the city or county of the town [as the case may be] of truly and indifferently take the poll, and set down the name and the place of abode of each freeman, and for whom he shall poll.” Which oath every returning officer is hereby authorized and duty, required to administer ; and every such clerk shall enter in a book to be provided for that purpose, the name and the place of abode of each freeman who shall tender his vote, or offer to poll at such election, in the booth for which such clerk shall be appointed, the place of abode of such fieeman, and for whom he shall vote. s. 40. And be it further enacted. That it shall and may be Sheriif shall at lawful to and for the sheriif and other returning officers, at any separate from^' election for a member to serve in parliament for any county polling booths, to of a city or county of a town, and they are hereby required disputed to erect a booth or hire a building, unless there shall already be ^ some fit and convenient place for the purpose, wherein they may and shall decide all the disputed questions, and all the ob- jections to votes that may be referred to them, and which booth or building, or other place, shall be separate from and exclusive of the number of booths or buildings, or other places necessary for the polling of the electors ; and such returning officers, or one of them, is and are hereby required to give his or their constant attendance in such separate booth, building, or other place, in which the polling shall continue each day. s. 41. And be it further enacted. That the respective depu- Deputy slieriffa ties to be appointed by the sheriffs or other returning officers, each^^ace of in manner herein mentioned, shall appoint in each place of polling one per- polling such one person for each candidate as shall be nominated and^a ^ent to him by such candidate, to be an inspector of the clerk ap- and another to pointed for taking the poll, and the agent of such candidate in ^ such place of polling ; and shall also appoint such one other clerk for eacl?^ person for each candidate as shall be nominated by such candi- candidate. 288 Deputies may be removed, &c. On demand of candidates, re- turning officers shall appoint in- terpreters. Oath. Clerk of the peace shall ap- point a deputy to attend at elec- tion with regis- try books and original affidavits of registry alpha- betically ar- ranged, &c. 4 Geo. IV. c. 55. [appendix i. date, to be a clerk for keeping a cheque-book of the poll-book in such place of polling. s. 42. And be it further enacted, That the sheriffs, or other returning officers of every county of a city or county of a town, may from time to time during every election remove any deputy who shall be appointed in manner herein directed, and appoint another in his room, or may change any deputy from one booth or building to another, as such returning offi- cers shall think fit : provided always, that every such removal or new appointment of a deputy, or change from one booth or building to another, shall be made publicly, and proclaimed in the place where such deputy shall take the poll, by the return- ing officer or officers, or some person to be for that purpose appointed by him or them. s. 43. And be it further enacted, That it shall and may be lawful to and for the officers at any election for a county of a city or county of a town in Ireland, and they are hereby re- quired, on the demand in writing of any candidate, to appoint a sufficient number of competent persons to act as interpreters, in order to translate faithfully such oaths, affirmations, and such questions and answers as are required to be taken, made, asked, or given at any such election ; and that every such in- terpreter shall, immediately after such appointment and before he shall proceed to act under such appointment, take the fol- lowing oath ; and every returning officer is hereby required and empowered to administer the same : I, A, jB„ do swear. That I will faithfully interpret such oaths, affirmations, questions, and answers, as I shall de directed to interpret by the returning officer or officers, and his or their deputy or deputies [as the case may be]. And that every such person so appointed for the purpose aforesaid shall be entitled to receive the sum of ten shillings for each day of his attendance.” s. 44. And be it further enacted. That the clerk of the peace, at every election of a member to serve in parliament for any county of a city, or county of a town in Ireland, shall appoint, or in failure thereof, the sheriffs or other inferior officers thereof shall appoint a deputy clerk of the peace, who shall attend with the original registry book or books in which the entries of the registry of all freeholds shall be first entered at the booth to be provided for the sheriffs or other returning officers, as hereby directed, and also a deputy clerk of the peace, and also an assistant to such deputy, to be present in each place of polling of freeholders ; and such deputy shall take with him into such place of polling such of the alphabe- tical registry books belonging to the county of a city or county of a town, as shall contain the names of the freeholders to be polled in such place of polling, and the original affidavits or affirmations, which shall have been made by the persons capa- ble of voting in such place of polling respectively; which affidavits or affirmations the clerk of the peace is hereby re- quired to have aiTanged alphabetically in separate parcels PART IV.] 4 Geo. IV. c. 55. 2B9 (one or more for each letter of the alphabet,) and indorsed with the names of the persons by whom the same were re- spectively made, and also with the number of the entry of each affidavit or affirmation in the original registry book or books ; and that in those cases wherein a certificate of registry shall not be produced by the person tendering his vote or offering to poll, such deputy shall, on the demand of the re- turning officer’s deputy, produce the original affidavit or affir- mation of the registry of such person; and that such deputy Such deputy to clerk of the peace shall be entitled to receive the sum of ten 5ay^^and?Ss as^ shillings and no more, for each day of his attendance, any act sistant5s. per to the contrary notwithstanding ; and such assistant to such ^ay. deputy shall be entitled to receive the sum of five shillings for in^or defocing*' each day of his attendance ; and that if such deputy, or such affidavits, 10/. assistant to such deputy shall alter, deface, destroy, or lose any affidavit or affirmation of registry committed to his care, he shall forfeit the sum of ten pounds for every such offence, to any person suing for the same, by action of debt, at any general quarter sessions of the peace. s, 45. And be it further enacted. That at every election Deputy town of a member to serve in parliament for any county of a city siferiffs^vvHh”^ or county of a town in Ireland, the town clerk or other officer books containiug having charge of the books relating to the granting or electing of or admissions to freedoms for such county of a city or county freedoms, of a town shall appoint, or in failure thereof the sheriffs or other returning officers shall appoint a deputy town-clerk or other such officer as shall have charge of such books, and such deputy so appointed shall attend in the place appointed for the attendance of such sheriffs or other returning officers, and shall take such books with him thereto ; and in case the sheriffs or other returning officer shall deem it expedient to refer to any of the entries contained in such books, such de- puty town clerk or other officer shall produce the same to such sheriff or other returning officer ; and such deputy town- Allowance for clerk or other returning officer shall be entitled to receive the attendance 10^. sum of ten shillings, and no more, for each day of his at- tendance. s. 46. And be it further enacted. That at every election clerk to for a member to serve in parliament for a county of a city or gJand panff'or county of a town in Ireland, the town-clerk or other officer roll of freemen having charge of the grand panel or roll of fi'eemen of such p^ace^.^for^free? county of a city or county of a town, shall provide a copy of men such grand panel or roll of freemen for each place of polling depiJj^toattcn^d^ freemen at such election ; and shall appoint, or in failure thereof, with it. the sheriffs or other returning officers of such county of a city or county of a town shall appoint a deputy town-clerk or other officer, having charge of such grand panel or roll of [ freemen for each place of polling freemen at such election ; and such deputy so appointed shall take with him to such place of polling a copy of such grand panel or roll of freemen, and shall produce and refer to the same, as shall be directed by , the sheriffs or other returning officers or their deputy, presi- 2 h 290 4 Geo. IV. c. 55. [appendix I. Attendance 10^. ding in such place of polling ; and each of such deputies shall per day. be entitled to receive the sum of ten shillings and no more for each day of his attendance. Oath of not s. 47. And be it further enacted, That at every election forV° ai^Tof^be!' ^ member or members to serve in parliament for any county iag of a^e, to be of a city or county of a town, the •returning officer’s deputy put, if required, shall, if required by any candidate or the inspector of any candidate so to do, in person administer, in the place of polling in whichJbe^^esides, an oath, in the following form, to every person separately who shall tender his, vote, or offer to poll at such election, and immediately after the production of the certificate or affidavit of registry, when any such person offers to vote by virtue of a freehold ; (that is to say,) Oath. ‘‘ I, A, B. do swear, [or being a Quaker or Moravian, do solemnly affirm]. That I will true answer make to all such questions as the sheriffs or other returning officer’s deputy [as the case may be], presiding in his booth, shall demand of me ; and I do also swear, [or being one of the people called Quakers or Moravians, do solemnly affirm]. That 1 have not polled before at this election, and that I am, as I believe, twenty- one years of age. So help me God.” Oath of not liav- s. 48. And be it further enacted. That at every such elec- wlrd^for'vothf^ ^ county of a city or county of a town, the returning to be administer- officer’s deputy shall, if required by any candidate, or the in- ed, if required, gpector of any candidate so to do, also adminster, in the place of polling in which he presides, an oath in the following form, to every person separately who shall tender his vote, or offer to poll at such election, before such person shall be permitted to poll . — Oath. “I, A, B., do swear, [or being of the people called Qua- kers, I, A. B~, do solemnly affirm,] I have not received or had myself or any person whatsoever in trust for me, or for my use and benefit, or for the use and benefit of any of my family or kindred, to my knowledge or belief, directly or in- directly, any sum or sums of money, office, place or employ- ment, gift or reward, for any promise or security for any money, office, or employment, in order to give my vote at this election.” Deputy to refer s. 49. And be it further enacted. That in every case in to registry book, which any person shall tender his vote, or offer to poll at registry^dee^ed election for a member to serve in parliament for a county conclusive evi- of a city or a county of a town, by virtue of a freehold, the St\*hereo?the' returning officer shall, in the first place, refer to the entry of original affidavit, the registry of the affidavit or affirmation, in the alphabeti- cal book furnished by the clerk of the peace in which the same shall be contained, and write down opposite to the same the initial letters of his name, and then he shall refer to the certificate or affidavit of the registry of the same ; and that if any such person shall produce a certificate of the registry of his freehold corresponding with such entry of the original affidavit or affirmation, without any erasure or interlineation therein, signed as required by law, such certificate shall, Part iv* 4 Geo; IV. c. 55. 291 without further proof, he deemed of equal authenticity with the original oath or affirmation, and conclusive evidence that such person so tendering his vote, or offering to poll, had registered such freehold, and the returning officer’s deputy shall write down the initials of his name upon the margin of such certificate ; and that in all cases wherein no such certifi- cate shall be produced by the person tendering his vote, or oflPering to poll, or wherein such certificate, if produced, shall appear to the returning officer's deputy not to be in. manner and form as aforesaid, it shall and may be lawful for the returning officer’s deputy, and he is hereby required to direct the deputy clerk of the peace to produce the original affidavit or affirmation of the registry of the freehold of such person so tendering his vote, or offering to poll. s. 50. And be it further enacted. That whenever the entry When entry of of the affidavit or affirmation shall appear in the registry [q® registry^ voTe book, and that any such person shall have produced such a to be taken un- certificate of registry as is hereinbefore described, or that the oaths re- original affidavit or registry shall have been produced by the tions made. ^ deputy clerk of the peace, and that such person so tendering his vote, or offering to poll, shall have taken the oaths afore- said, if required so to do, such deputy shall then ask such person for whom he votes, and the vote of such person shall be entered on the poll-book according to his answer, unless such deputy shall be required by any candidate, or the agent of any candidate, to put to such person the questions herein- after mentioned, or unless an objection be made to such vote in manner herein directed : Provided always, that it shall and may be lawful to and for the returning officer’s deputy to take the vote of any person tendering his vote, or offering to poll, whose freehold appears on the registry-book, without refemng to the certificate or affidavit or affirmation of regis- try, if he be not required by any candidate, or any inspector of any candidate, so to do. s. 51. And be it enacted. That the returning officer’s Questions to be deputy shall, if required by any candidate or the agent of to fre^eholders^rf any candidate so to do, put the following questions, and no required, others, to any person tendering his vote, or offering to poll at any election for a member to serve in parliament for a county of a city or county of a town in Ireland, without allowing any person to interrupt him : 1. What is your name ? 2. Where do you reside ? 3. Do you swear that you are possessed of a freehold in the county of the city or county of the town of [naming the county of a city or county of a town for which the election is held ?] 4. Where is such freehold situated ? And that the returning officer’s deputy shall then, if required by any candidate or the inspector of any candidate so to do, refer to the certificate of registry, if one be produced by the person tendering his vote or offering to poll, or if none be 292 4 Geo. IV. c. 55, [appendix 1. produced, to the original affidavit of registry, and then shall immediately ask, if required by any candidate or the inspector of any candidate so to do, without making or allowing any other person to make any comments or observations upon the said certificate or affidavit, the following questions 5. Is the freehold described in this certificate or affidavit of registry [as the case may be] the same freehold which you now swear you are possessed of, or by virtue of which you now offer to vote ? And that in case it shall appear to the returning officer’s deputy, from the certificate or affidavit of registry, that any person shall tender his vote or offer to poll in respect of a :&^ehold of the value of forty shillings only, the said deputy shall then, if required by any candidate so to do, put the fol- lowing questions : 6. Do you swear that you have been in the actual occupa- tion of this freehold, as described in your certificate or affida- vit of registry [as the case may be] by tilling it or by grazing it, or by residing upon it during the whole of the last twelve months ? 7. Do you swear that the freehold is now of the clear yearly value of forty shillings, above all charges payable out of the same ? And when such person so tendering his vote or offering to poll shall have answered the questions that shall have been demanded of him as aforesaid, such deputy shall ask such person for whom he votes ; and the vote of such person shall be entered in the poll-book according to his answ'er, unless an objection be made to such vote in manner herein directed ; provided always, that if it shall appear to such deputy, from the answers which shall be given by any person to the first four questions aforesaid, that his freehold arises from a rectory, vicarage, or curacy, or other ecclesiastical preferment, the said deputy shall not proceed to put to such person the other questions hereinbefore mentioned ; but when such person shall have answered such four questions, such deputy shall ask such person for whom he votes ; and the vote of such person shall be entered in the poll-book according to his answ^er, unless an objection be made to such vote in manner herein If entry of free- directed ; and provided always, that if an entry of the affida- hold shall not ap- vit or affirmation of the registry of the freehold of any per- deputy to ref^el^^ tendering his vote or o&ring to poll, required by law to person offering to be registered, shall not appear in the registry book, or that returning jf person tendering his vote or offering to poll shall not either produce such certificate of registry as by law required, or be able to refer to an original affidavit or affirmation of his registry, in the possession of the deputy clerk of the peace, or that if any such person shall refuse to take the oath afore- said, or shall not give a direct answer to each of the ques- tions to be put to him by the returning officer’s deputy, or that the person so examined shall admit in his answer or an- swers to the said question or questions that he is not the per- PART IV.] 4 Geo. IV. c. 55. 29S son whose freehold is registered, or that he has no freehold, or that the freehold described in his certificate or affidavit or affirmation of registry [as the case may be], is not the free- hold for which he tenders his vote, or that he has not been in the occupation thereof for the whole of the last twelve months, or that the same is not at the time of tendering his vote of the value of forty shillings, above all charges payable out of the same ; then and in every and in any such case it shall and may be lawful to and for such deputy, and he is hereby required, authorized, and empowered to refer such person to the returning officer or officers, or his or their assessor, for examination, and to proceed immediately to receive the vote of the next person who shall tender his vote or offer to poll. s. 52. And be it further enacted. That in every case in Questions to be which any person shall tender his vote or offer to poll at any SSJAng to^ vote election for a member to serve in parliament for any county as freemen, if of a city or county of a town, the returning officer’s deputy required, shall, if required by any candidate or the agent of any candi- date so to do, put to such person the following questions, and no other : What is your name ? Are you a freeman of the county of the city or county of the town of [naming the county of a city or county of a town for which the election is held ?] Have you been sworn ? Provided always, that where the right of election in any county of a city or town in Ireland shall have been deter- mined, under and by virtue of any act or acts of parliament now in force for the trial of controverted elections or returns of members to serve in parliament, to be in the resident freemen only of the county of a city or town, the returning officer’s deputy shall, if required by any candidate, or the agent of any candidate, put the following additional questions to any person offering to vote as a freeman ; When were you admitted a freeman thereof, or elected a freeman thereof ; or, was the freedom thereof granted to you, to the best of your knowledge and belief ? Where did you reside in the month of in the year ? [here stating the time of admission, election, or grant of the freedom.] And the answers to which questions shall be inserted in the poll books : and when the person so tendering his vote, or offering to poll, shall have answered such questions, such de- puty shall ask such person for whom he votes ; and the vote of such person shall be entered in the poll-book according to his answer, unless an objection be made to such vote, in manner herein directed. s. 5S. And be it further enacted. That at any election for a Where vote is member to serve in parliament for any county of a city or JlSrandum of The county of a town, no objection shall be made to vote, until objection shall be after the person tendering the same shall have declared for 26 3 294 4 Geo. IV. c. 55. [appendix I. clerk for the re- whom he votes ; and that if the vote of any person shall be decfde^ then objected to by an inspector of any candidate, the poll shall not be on that account delayed, but the returning officer’s deputy shall direct the poll-clerk to enter a memorandum on the poll-books, showing to which candidate or candidates such person has given his vote, and he shall immediately proceed to receive the vote of the next person who shall tender his vote or offer to poll : and that the inspector who shall have made the objection on behalf of any candidate, shall instantly write down a memorandum on a printed form, to be provided by the returning officer, containing the name of the voter, the place of his abode, and the nature of the objection or objections, and sign and date the same, and shall give the same to the return- ing officer’s deputy, and shall sign the same with the initial letters of his name, and then give the same to the assistant deputy clerk of the peace, who shall take the same, together with the certificate, or affidavit, or affirmation of registry, if it shall be necessary so to do, to the returning officer, to decide on the validity thereof ; and that it shall thereupon be lawful to and for the returning officer or officers, or his or their assessor, at the discretion of such returning officer or officers, or his or their assessors only, to order the voter to attend be- fore him or them during the enquiry into his vote, and for such returning officer or officers, or his or their assessor, to examine such voter, by such questions as such returning officer or officers, or his or their assessor, shall think necessary to ask, as to any objection or objections made to his vote ; and such returning officer or officers, or his or their assessor, shall ad- minister an oath to such voter, in the form following : — Oath to be admi. ‘I, A, S., do swear, [or being a Quaker or Moravian, do voter solemnly affirm, that I will true answers make to all such questions as shall be here put to me by the returning officer or officers, or his assessor [as the case may be]. So help me God.’ WedmM'e^ allowed, the returning officer or jected by return- officers, or his or their assessor, shall w^ite down upon the ing- officer or his memorandum these words, ‘ allow this vote ;’ and that if the assessor. disallow^ed, then the returning officer or officers, or his or their assessor, shall write down upon the memoran- dum these words, ‘reject this vote ;’ and that in either case, the returning officer or officers, or his or their assessor, shall write down the initials of his or their name or names under the words so directed to be written down upon the memo- randum ; and the returning officer or officers, or his or their assessor, shall then deliver the said memorandum to the same assistant deputy clerk of the peace wdio had brought it to him or them, to be forthwith carried back to the returning officer’s deputy; and that such deputy shall either reject such vote, or order the poll clerk to enter the same upon the poll for the candidate or candidates to whom it had been given, ac- cording as he shall be directed by the returning officer or officers, or his or their assessor ; and that every such memor- PART IV.] 4 Geo. I V. c. 55. 295 andum shall be preserved by such deputy, and be delivered to him by the returning officer or officers, to be attached to the poll-books at the close of the election ; and that the form of the said memorandum so to be prepared as aforesaid, shall be as follows : — Form of Objection as to Freeholders • Number in the Registry Book. Name of Voter. Abode of Voter- Objection. (Signed) Dated t lay of 18 Allow this Vote. (Signed) Reject this Vote. (Signed) Form of Objection as to Freemen. Name of Voter. Abode of Voter. Objection. (Signed) Dated day of Allow this Vote. Reject this Vote. (Signed) (Signed) 296 4 Geo. IV. c. 55. [appendix I. Form of Objection to Freemen, where the Right of Election shall have been determined, under and b^ virtue of any Act or Acts of Parliament now in force for the Trial of controverted Elections or Retwrns of members to se^ve in Parliament to be in the resident Freemen. Name of Voter, Date of Original Entry in Corpora- tion Books of Elec- tion to, Grant of, or Admission to Freedom. Residence at Time of Original Entry in Corporation Books of Election to. Grant of, or Admission to Freedom. Objection. (Signed) Dated Allow this vote, (Signed) Reject this Vote. (Signed) Circumstances under which re- turning officers reject vote of person claiming to be freeholder. Provided always, That in case any objection be taken to vote which shall not be in substance different from one previously ruled by the returning officer or officers, or his or their assessor, or in case any objection be taken which shall appear to such deputy to be frivolous, or taken for the purpose of delay, that then in every such case it shall not be lawful to and for the deputy to transmit the memorandum containing such objection to the returning officer or officers, and that in every such case such deputy shall admit the vote so objected to, to be entered upon the poll. s. 54. And be it further enacted, That if an entry of the affidavit or affirmation at any election for a member or members to serve in parliament for any county of a city or county of a town in Ireland, of the registry of the freehold of any person tendering his vote or offering to poll, required by law to be re- gistered, shall not appear in the registry book, or if any per- son tendering his vote or offering to poll, shall not either produce such certificate of registry as by law required, or be able to refer to an original affidavit or affirmation of his registry, in the pos- session of the deputy clerk of the peace, or if any such person shall refuse to take the oath aforesaid, or shall not give a di- rect answer to each of the questions to be put to him by the returning officer or officers, or his or their assessor, or if it VART IV.] 4 Geo. IV. c. 35, 297 shall appear to such returning ofncer or officers, by the admission of the person so oflfering to vote, or upon a due ex^ amination of one or more credible witness or witnesses, upon his or their oath or oaths (which oath or oaths the returning officer or officers is and are hereby authorized and empowered to admi- nister, ) that the person offering to vote by virtue of a freehold at such election has polled before at such election, or has per- sonated another elector for the purpose of polling at such elec- tion, or has polled by virtue of a forged certificate of registry or offers to poll by virtue of a registry of an alleged freehold under a lease for a life or lives, made by a lessor who had not at the time of making the same a freehold estate therein, or by virtue of a registry of an alleged freehold, under a lease for a life or lives, which lease is to end and determine on some such covenant or condition, that a freehold estate has not been de- mised by the same, or by virtue of any freehold estate of which he shall not be bond fide seised, then and in any or either of such cases, the returning officer or officers shall reject the vote of the person so tendering such vote, or so offering to poll at such election. s. 55. And be it further enacted. That if at any election for a Circumstances member or members for any county of a city or county of a vJItes^ tendered town in Ireland, it shall appear to the returning officer or of- by persons claim- licers, that any person tendering his vote or offering to poll at ^te^re such election, has personated any freeman for the purpose of jectedT^^ ^ polling at such election, or that such person is not a freeman, or (unless the freedom of such person shall have come to him by service, birth-right, or marriage,) that he has not been ad- mitted to his freedom, or that his freedom has not been granted to him six months at the least before the teste of the writ for holding such election, then and in any or either of such cases such returning officer or officers shall reject the vote of the person so tendering such vote, or offering to poll at such election. s. 56. And be it further enacted. That if any person shall be off ^ admitted to poll at any election for a member to serve in par- JjJg p^fi the liament for a county of a city or county of a town, who has returning- officer polled before at such election, or who has personated another ca\fdMa*te ^^efore elector for the purpose of polling at such election, or who has the final closing- polled by virtue of a forged certiftcate of registry, or who has polled by virtue of a registry of an alleged freehold under a lease of land or tenements for a life or lives, made by a lessor who had not at the time of making the same a freehold estate therein ; or by virtue of a registry of an alleged freehold under a lease of land or tenements for a life or lives, which lease is to end and determine on some such covenant or condition, that a freehold estate has not been demised by the same ; or by vir- tue of any freehold estate of which he shall not be bond fide seised ; it shall and may be lawful for the returning officer or officers, and they are hereby required, authorized, and em- powered, upon the complaint of any candidate, to take the vote of such person off the poll at any time before the final closing 298 4 Geo. IV. c. 55. [appendix I. Affidavit to be sworn to, and witnesses ex a* mined on oath as to the complaint. Returning^ officer only to examine voters objected to. Restraining per- sons from speak, ing during the time of polling. Returning officer may commit per- sons obstructing the poll. Deputies shall not reject votes or exj^mine vo- ters except as before provided. of the same ; Provided always, that the act complained of as having been committed by such person be set forth and de«« scribed, and positively declared to have been committed by such person in an affidavit to be sworn before a justice of the peace* and that such affidavit be delivered to the returning officer or officers ; and further, that the act complained of shall appear to the returning officer or officers, upon a due examination of one or more credible witness or witnesses concerning the same* upon his or their oaths, to be proved to have been committed by such person, which oath or oaths the returning officer or of- ficers is or are hereby authorized and empowered to administer ; provided always, that the affidavit setting forth every such complaint shall be delivered to the returning officer or officers on the same day on which the act complained of shall have been committed. s. 57. And be it further enacted. That it shall not be lawful for any other person whatever, other than the returning officer or officers, or his or their assessor, to ask any question of any person who shall be examined by the returning officer or offi- cers, or his or their assessor, on account of his vote, or the vote of any other person or persons, having been objected to, but that it shall and may be lawful to and for the returning officer or officers, or his or their assessor or assessors, at the discretion of such returning officer or officers, or his or their assessor only, to permit a barrister or barristers to argue any question of law before him or them. s. 58. And be it further enacted. That it shall not be lawful for any person, whether barrister, attorney, inspector, agent, candidate or elector, or any other person whatsoever, to plead or speak in any place of polling during the hours appointed for polling under this act, or any matter or thing whatsoever. s. 59. And be it further enacted, That it shall and may be lawful to and for the returning officer or officers, or his or their deputy or deputies, at any election, and he and they is and are hereby authorized and empowered to commit all persons to gaol, without bail or mainprize, who shall plead or speak on any matter or thing contrary to the provisions of this act, or who shall be found rioting or interrupting the poll, or wilfully preventing the approach of electors to the place of polling, or who shall be guilty of a contempt to such returning officer or officers, or to such deputy or deputies ; provided that the time of such imprisonment shall not in any case exceed twenty-four hours. s. 60. And be it further enacted, That it shall not be lawful for any deputy of any returning officer to put any questions to any person tendenng his vote, or offering to poll at any elec- tion for a member to serve in parliament for a county or a city or a county of a town, save and except those questions herein- before directed to be put, or to make any comments or observa4 tions on the answers which may be given to the same, or on any matter or thing relating to any vote which may be tendered before him ; and that if any objection be made to any vote at PART rv.] 4 Geo. IV. c. 55. 299 any election for a county of a city or a county of a town, or other place, such objection shall be forthwith referred by the returning officer’s deputy as hereinbefore directed, to the re- turning officer; and that it shall not be lawful for any such deputy to investigate the right of any person to vote further or otherwise than as herein-before directed, or to reject the vote of any person, without reference to the returning officer. s. 61. And be it further enacted, Thet every returning officer Instructions to shall give such instructions in writing to his deputy or deputies appointed for taking the poll at any election, as may be neces- sary to point out to him or them what is required of him or them to be done in respect of the objections to votes which may be made, and in respect of the manner of transmitting them to such returning officer or officers, and in respect of the due performance of his or their duty as such deputy or deputies, and that every such deputy shall obey such instructions as shall be so given by such returning officer or officers. s. 62. And be it further enacted. That every deputy shall Deputy to close upon notice given to him by the returning officer, each day close his poll-book, and deliver in the same immediately to such day to officer, officer, who shall sum up thereupon the number of votes polled the nmnbVr^™ on such day for each candidate, to be read aloud in open court ; 50 /. penalty on and if any deputy shall refuse to deliver his poll-book when re- deputy refusing quired by the returning officer, or shall continue to take the ^ok,^or polling poll after he shall have been directed by him to stop, and, after directed to before he shall be again directed by him to proceed, or after his directed to^eff in deputation shall be revoked, he shall forfeit the sum of fifty and votes not® * pounds, to any person who shall sue for the same, to be re- avowed, covered as hereinafter directed ; and every vote admitted by him after such refusal or direction to stop, or revocation, shall be void, and the person who offered such vote shall not be deemed to have voted, and is hereby declared not to have voted or to have been polled at such election. s. 63. And be it further enacted, That any deputy sheriff, n^^ poll-clerk, clerk of the peace, deputy clerk of the peace, assis- giecting their ~ tant deputy clerk of the peace, deputy town-clerk, or other duty at election, officer, interpreter, constable, bailiff, or peace-officer, who shall compensation!^ absent himself from the duty of his office at any election of a member or members to serve in parliament for any county of a city or county of a town, during any part of the time that the poll shall be kept open on each day, shall forfeit all compensa- tion for his attendance during such election ; and that the returning officer or officers is and are hereby authorized and required, in case of the absence, neglect, misconduct, or insuffi- ciency of any such person or persons, immediately to remove any such person or persons, and to appoint a person or persons to fill his or their place or places. s. 64. And be it further enacted. That the returning officer Appointing the or officers, at every election for a member to serve in parlia- ^^ours for com- ment for any county of a city or county of a town, shall cause ing the poll each the poll to be kept open in every place, and on every day of day. polling, from ten of the clock in the morning, except on the 300 4 Geo. IV. c. 55. [appendix I. After the 4th day returning' officer may close any booth -when 20 have not polled in the day. But booths for polling’ may be kept open if per- sons be prevented by force from coming to the same. Returning officer may summon constables, bai- liffs, &c. to at- tend elections. first day of polling, until five of the clock in the afternoon, except on the last day of polling, between the fifteenth day of April and the fifteenth day of September, and from ten of the clock in the morning, except on the first day of polling, until four of the clock in the afternoon, except on the last day of polling, between the fifteenth day of September and the fif- teenth day of April; and that in case any disputed question, or any objections to A’^otes referred to him or them by his or their deputy or deputies shall not be decided during the time for which the poll shall be so kept open, the returning officer or officers shall give his or their attendance in his or their booth or other place of sitting, and proceed to decide the same after the polling shall have ceased, or before the polling shall have commenced on any day or days of polling, except the last day of polling. s. 65. And be it further enacted. That it shall and may be lawful for the returning officer or officers, at any election for a member to serve in parliament for every county of a city or county of a town, and he and they is and are hereby required, on any day after the fourth day of polling, computing therein the day on which the poll shall be commenced, to close finally the poll in ai?y booth or place of polling in which no more than twenty persons have polled, or been referred for decision to the returning officer or officers, during that day ; provided always, that in case it shall appear, upon the evidence of two or more credible witnesses taken upon oath (and which oath the re- turning officer or officers is and are hereby empowered to ad- minister), to the returning officer or officers, that any person intending to offer themselves to poll in such booth or place of polling have been prevented by force and violence from coming to the same for the purpose of polling on that day, that then and in every such case it shall be lawful to and for the return- ing officer or officers to keep such booths or place of polling open for another day, and so on from day to day if such force and violence be repeated, and be found to haA^e taken place on such evidence as aforesaid, to the satisfaction of the returning officer or officers. s, 66. And be it further enacted. That at any election of a member to serve in parliament for any county of a city or county of a toAvn, it shall be laAvful to and for the returning officer or officers to summon all constables, bailiffs, and other peace-officers to attend the places of polling, and to keep the peace at such election, and to perform such other things as shall be assigned to him by the returning officer or officers, and to appoint any number of special constables that he or they may think proper to aid and assist therein ;■ and that e\’ery constable, bailiff, or peace-officer, AAffien so summoned, Avho shall neglect to attend during the Avhole of such election, or to obey the laAvful commands of the returning officer or officers, shall forfeit such office of constable, bailiff, or other peace-officer, and all salary due to him in respect thereof. s. 67. And be it further enacted, That in case of the death or In case of death PART IV*] 4 Geo. IV. c. 55. 301 the severe illness of any returning officer, during the continu- ance of the poll at any election for a county of a city or county of a town, it shall and may be lawful for the other returning officer, if there be two such returning officers, or for the first sworn deputy, if there be but one returning officer, or being two returning officers, in case of the death or severe illness of both suchreturning officers, is hereby required, under the penalty of forfeiting five hundred pounds, and such other returning of- ficer or such sworn deputy, as the case may be, to any person who shall sue for the same, to proceed with the poll, and to act in every respect for all the purposes of the election, and with all the power and authority to do any act required by law to be done by a returning officer at any such election, as if he had been originally the returning officer ; and that such deputy shall take the oath directed by law to be taken by the returning of- ficer at the commencement of the poll, which oath any two justices of the peace are hereby authorized to administer, and that such other returning officer, or deputy, shall proceed with the poll, and finally close the same at the time hereinbefore required, and make a return of the person or persons who hath or have the majority of votes, unless his authority shall be superseded by the recovery of the returning officel* ; and that in case of the death or severe illness of such first sworn deputy, the next deputy in succession shall act as the returning officer, subject to the like penalty, and with the same powers, and take the returning officer’s oath in manner aforesaid, and so on, each deputy in succession shall in like manner act as the re- turning officer, in case of the death or severe illness of the act- ing returning officer, and another deputy, or other deputies, shall be appointed in lieu of the deputy or deputies who may thus take the place of such returning officer or officers : Pro- vided always, that the deputy, who shall thus take the place of such returning officer, shall be entitled to the same remu- neration for his services at such election as if he had continued to act as deputy. s. 68. And be it further enacted, That no returning officer or officers for any county of a city or county of a town, shall, upon any pretence whatsoever, return more than the number of persons they or he shall, by the writ or precept, be required to return ; and that, in case of an equality of voices for any two or more candidates, where two sheritfs or other returning officers shall preside, upon the close of the poll, the sheriff or other returning officer, whose name shall stand first in the appointment to the office, shall, if he be present, give a cast- ing voice ; and if he be not present, the junior sheriff or re- turning officer shall give such casting voice, whether such sheriffs or other returning officers shall be otherwise legally qualified to vote or not, or whether they shall have voted or not at such election ; and if any returning officer or officers shall return more than the number of persons, who shall by the writ or precept be directed to be returned, such returning officer or officers shal^ forfeit the sum of two thousand pounds to the 2 c or illness of re- turning officer, the first sworn deputy shall per. form the duty. In case the first sworn deputy should not be able to act, then the deputies in succession shall perform the duty. No more to be returned than required by the writ. Officer to have casting voice. Officer to forfeit 2,000/. if he re- turns more the number directed, and to 302 4 Geo. IV. c. 55. [appendix I. be incapable of voting. Returning officer or deputy cans- ing unnecessary delay to forfeit 500 /. Rioting not to be an excuse for closing the poll. Persons rioting or injuring poll book, &c. to be. transported for seven years. Return writ to contain certifi- cate of numbers who voted for respective candi- dates. When writs of election are to be returned. person who shall first sue for the same, to be recovered as hereinafter directed; and such returning officer or officers shall be rendered incapable of ever after voting at any election for a member or members to serve in parliament. s. 69. And be it further enacted, That if any returning officer or officers, or any deputy, who shall be appointed pur- suant to this act, shall unnecessarily and wilfully protract the poll, or be guilty of any wilful and unnecessary delay in taking the same, every such returning officer or officers and every such deputy so offending shall forfeit the sum of 500/. to any per- son who shall sue for the same, to be recovered as hereinafter directed. s. 70. And be it further enacted, That if any person or persons shall violently, riotously, or outrageously disturb or interrupt any election, or the proceedings of the poll, such disturbance, riot, or misbehaviour, shall not be any excuse to the returning officer or officers, nor afford him or them any pretence for closing the poll, or making a return : but the court shall thereupon be adjourned for some convenient time, as the occasion may require ; and, if necessary, shall be further continued by adjournment from time to time, until such dis- turbance shall have ceased, w'hen such returning officer shall again proceed in taking the pc41 ; and every person who shall be, by due course of law, convicted of having violently, riotously, or outrageously disturbed the court, or otherwise misbehaved, so as forcibly to interrupt the proceedings of the poll, or of having wilfully effaced, obliterated, torn, altered, or destroyed the whole or any part of the poll-books of the returning officer or officers, or any deputy, whereon any thing relative to the said election shall have been entered, or of having forcibly or fraudulently taken or secreted the same, or any part thereof, or the writ or precept for holding such elec- tion, shall be adjudged guilty of felony, and be transported for seven years. s. 71. And be it further enacted. That in every case in which a poll shall take place at any election for any county of a city or county of a town in Ireland, the returning officer shall certify in his return to the Avrit for holding such election the names of the candidates, and the numbers who voted for each candidate, as it appeared at the final close of the poll, and such certificate shall be admitted as evidence of the truth of the facts therein certified, unless disproved by contrary evidence. s. 72. And be it further enacted. That in case of a general election, the returning officer or officers, wffio shall receive any writ for the election of any member or members to serve in parliament for any county of a city or county of a town shall make due return of such writ to the clerk of the crowm, on or before the day on which such writ shall be returnable, and that in all cases where such writ shall be issued during a session or prorogation of parliament, the return shall be made of such writ to the clerk of the crown, within forty days after the PART IV.] 4 Geo. IV. c. 55. 303 teste thereof ; and all and every such returning officer or officers as shall make default therein shall forfeit to any person who shall sue for the same the sum of 100/. for each day such de- fault shall be made, to be recovered in manner hereinafter mentioned. s. 73. And be it further enacted, That no fee, gratuity, ' or reward whatsoever shall be given, paid, received, or taken, by any sheriff or returning officer or officers of any county of a city or county of a town, for making out, or for the delivery, return or execution of any writ or precept, for the electing a member or members to serve in parliament; and that all con- tracts, promises, bonds, and securities to be made or given to any sheriff, or other returning officer or officers, for making a return of any member to serve in parliament, or to pay such sheriff, or returning officer or officers any sum or sums of money, by way of gratuity or reward for making such return, or otherwise in respect thereof, shall be and are hereby de- clared to be null and void ; and whosoever shall make, give, or accept of such contract, promise, bond, or other security, or any gift or reward to procure any false return, shall forfeit a sum equal to the value given or intended to be given, or accepted in such contract, promise, or other security, gift or reward ; and also the further sum of 200/. to any person who shall first sue for the same, to be recovered as hereinafter directed. s. 74. And be it further enacted, That every election or return of any persons to serve in parliament for any county of a city or county of a towm, who shall be under the age of twenty-one years, shall be deemed null and void ; and that if it shall be determined by any committee of the house of com- mons, who shall try any petition against any such election or return, that such person was under the age of twenty-one years on the day of such election, a new writ shall forthwith issue for the election of another person in his place. s. 75. And be it further enacted, That every returning officer who shall be by due course of law convicted of having acted corruptly or partially in the execution of his duty as returning officer at any election of a member or members to serve in parliament for any county of a city or county of a town, shall be adjudged guilty of high misdemeanor, and shall be imprisoned for a period not exceeding three years ; and such person so convicted is hereby declared to be for ever incapable of holding any office or situation, civil or military, under the crown. s. 76. And be it further enacted, That in every case in which a poll shall take place as aforesaid, the returning officer shall, wdthin twenty-one days of the final close of such poll, deliver all the poll-books of such election to the clerk of the peace for such county of a city or county of a town, verifying upon oath (which oath any justice of the peace for such county, county of a city, county of a town, or place is hereby empowered to administer,) that the poll-books which he deli- Penalty 100?. No fee or reward to returning officer ; contracts for making a re- turn shall be void. Persons giving or accepting such, forfeit the amount and 200?. Election of per- sons under 21 years shall be void, and new writs issued. Punishment of officers returning corruptly or partially. Poll books to be delivered to the clerk of the peace to be kept among the re- cords of the county. 304 4 Geo. IV. c. 55. [appendix I. Account of suras received by she- rilfs for expenses of election to be returned with the poll books to clerk of the peace. Clerk of the peace to take an oath for the per- formance of his duty. Oath. Entertainments, presents, cock- ades, promises, &c. disallowed. vers in are the original poll-books of such election upon which the return was founded ; and that from the final close of the poll to the time he delivers in the same there has not been any obliteration, erasure, addition, or alteration made therein, and such poll-books shall be carefully kept amongst the records of such county of a city or county of a town ; and the production of such poll-books by such clerk of the peace or officer, or his deputy, shall be deemed sufficient evi- dence of the authenticity thereof, unless the same shall be disproved. s. 77. And be it further enacted. That the sheriffs or other returning officers of every county of a city or county of a town shall, at the same time that they shall return the poll- books used at every election for such county of a city or county of a town to the clerk of the peace, as hereinbefore directed, return therewith an account of the sums received for the expenses of such election from the several candidates, and the application thereof, and shall verify the same on oath, which oath any justice or justices of the peace is and are hereby authorised to administer. s. 78. And for the better securing the performance of the duties directed to be performed by the clerk of the peace or his deputy, in respect to the registry of freeholds, be it fur- ther enacted, That the several clerks of the peace, or their deputies, of the several counties of cities and counties of towns of Ireland, shall, at the general quarter sessions of the peace or adjournment thereof next after the passing of this act, or at the next general quarter sessions of the peace or adjournment thereof next after his appointment, take and subscribe an oath in the form following, and which oath the justices presiding at the said session are hereby directed and empowered to administer : ‘ I, A, J5., clerk or deputy clerk of the peace for the county of [as the case may be], do swear, that I will faithfully and honestly, and without favour or affection, perform and discharge the several duties directed to be performed by the clerks and deputy clerks of the peace, by an act passed in the third year year of his present majesty’s reign, intituled [here set forth the title of this act] ; and that I will not demand or receive any fee or fees for discharging any of the said duties which I am not entitled to by law. ‘ So help me God.* And which the said clerks and deputy clerks of the peace are hereby required to deliver to the treasurer of the county of the city or county of the town (as the case may be) to be preserved amongst the records of the county. s. 79. And be it further enacted. That no person to be hereafter elected to serve in parliament for any county of a city or county of a town shall, after the teste of the writ of summons to parliament, or after the vacancy shall have hap- pened to supply which the election shall be held, by himself, his friends, or agents, or any person or persons employed in PART IV.] 4 Geo. IV. c. 55. S05 his behalf, directly or indirectly, give, present, or allow to any person or persons, having a vote or votes in such election, any money, meat, drink, entertainment, or provision, cock- ades, ribbands, or any other mark of distinction, or make any present, gift, reward, or entertainment, or shall at any time hereafter make any promise, agreement, obligation, or engagement, or give or allow any money, meat, drink, pro- vision, present, entertainment, or reward to or for any such person or persons in particular, or to any such county of a city or county of a town in general, or to or for the use, advantage, benefit, employment, profit, or preferment of any such person or persons, place, or places, in order to be elected or for being elected to serve in parliament for such county of a city or county of a town ; and that every person and persons so giving, presenting, or allowing, making, pro- mising, or engaging, doing, acting, or proceeding, shall be and is and are hereby declared to be disabled and incapaci- tated to serve in parliament upon such election for such county of a city or county of a town. s. 80. And whereas it is expedient that persons having Persons having* freeholds under the yearly value of 20/., and subject only to solfvalue to vote quit or crown rent, or arising from fee- farm grants, or under a though not resid- lease or leases for ever, or for lives renewable for ever, should thereon, have the power of voting at elections for members of parlia- ment, although they should not reside thereon, or occupy such freeholds by tilling or grazing to the amount of 40^. yearly value thereof ; be it enacted. That it shall and may be lawTul for persons having freeholds under 20/. yearly value, not consisting of a rent-charge, and liable only to crown or quit rent, to register the same in like manner as is provided by this act for persons having freeholds of the yearly value of 20/. ; and that such person so registering his freehold shall insert in the oath of registry the words ‘ forty shillings’ instead of the words ‘ twenty pounds’ or ‘ fifty pounds,’ and shall add the following words : ‘and that the said freehold does not consist of a rent-charge, and that it is liable to no rent except quit or crown rent, or that it arises from fee-farm gi*ant, or that I hold it under a lease or leases for ever, or under a lease or leases for lives renewable for ever (as the case may be) ;’ and that every person who shall ofter to vote by virtue of a freehold under the value of 20/., and holding the same subject only to quit or crown rent, shall make the same affirmations, and take the same oaths, and answer the same questions, if required, as are now provided for persons having freeholds of the value of 20/. : Provided always, that such persons shall in such oaths make the several alterations and additions as are herein set forth in the oath of registry for such persons. s. 81. And be it further enacted. That if any person who Persons who ask shall have or claim to have any right to vote in any election ?eward7or them- of a member or members of parliament for any county of a selves or others, city or county of a town, shall directly or indirectly ask, 306 4 Geo. IV. c. 55. [appendix I. ward, &c, forfeit receive, or take any money or other reward by way of gift, employment, or other reward whatsoever, for himself or any of his family or kindred, to give his vote, or to abstain from giving his vote in any such election, or if any person, by himself, his friends, or by any person employed by him, shall by any gift or reward, or by any promise and agreement or security for any gift or reward, corrupt or procure any person or persons to give his or their vote or votes in any such elec- tion, or to abstain from giving the same, such person shall for such offence forfeit the sum of 5001. sterling, to the per- son who shall first sue for the same, to be recovered as here- inafter directed ; and every person offending in any of the cases aforesaid, from and after judgment obtained against him in any action or information grounded on this act, shall for ever be disabled to vote in any election of any member or members to serve in parliament ; and also shall be for ever dis- abled to hold, exercise, or enjoy any office or franchise to which he or they then shall, or at any time afterwards may be entitled, as member of any city, borough, or town corporate, as if such person was naturally dead. Persons polling s, 82. And be it further enacted that every person who shall twice, or perso- poll a second time, or offer to poll a second time at the same maV^^e^puSshed ^l^^tion, for any county of a city or county of a town, or who by two years shall personate any other person for the purpose of polling at imprisonment, g^(,h election shall be guilty of a misdemeanor, and upon be- ing thereof convicted shall be imprisoned for any term not more than two years, at the discretion of the judge or judges who shall try such person. Penalty on frau* s* be it further enacted. That if any person shall dulent voters, vote at any election, by virtue of a registry of an alleged freehold under a lease for a life or lives, made by a lessor who had not at the time of making the same a freehold estate therein, or under a lease for a life or lives, which lease is to end and determine on some such covenant or condition, that a freehold estate has not been demised by the same, or under a lease for a life or lives, or a certain number of years, which life or lives is or are dead, or under a lease for a life or lives, which lease has expired or been surrendered, after due notice not to vote by virtue of any such registry, shall have been given to such person by any candidate, or by an inspector of any candidate, and which notice every candidate and inspector is hereby authorised and empowered to give to such person at any time before or during such election, or in the place of polling, such person, on being convicted thereof, shall forfeit to any person who shall sue for the same sum of 201., to be recovered by him or them, with treble costs of suit, by pro- ceeding in the nature of a civil bill at any general quarter sessions of the peace that may be held for the county of the city or county of the town in which such election shall have taken place, or by action of debt in any of his majesty’s courts of record in Ireland, s. 84. And be it further enacted. That if any person shall Persons voting PART IV.] 4 Geo. IV. c. 55. S07 poll at any election by virtue of a freehold which he had regis- tered, and of which he shall not be in possession at the time of his polling, he shall (if thereof convicted) be imprisoned in the common gaol of the county for the space of six calendar months. s. 85. And be it further enacted, That if any person who shall take any oath or affirmation hereby appointed or au- thorised to be taken, shall wilfully swear or affirm falsely therein, he shall be guilty of wilful and corrupt perjury, or false affirming, and shall and may be prosecuted for the same as persons may be now prosecuted who are guilty of wilful and corrupt perjury, and being thereof convicted, he shall incur and suffer the pains and penalties which by law are or may be inflicted in cases of wilful and corrupt perjury, and shall be for ever incapable of giving a vote at any election of a member to serve in parliament; and if any person shall wilfully and corruptly proceed or suborn any other person or persons to take any such oath or affirmation, whereby such per- son or persons shall commit wilful perjury or false affirming, and shall be thereof convicted, such person so offending shall incur such pains and penalties as are inflicted by any act or acts for the more effectual preventing and punishing of subornation of perjury, and such person or persons shall for ever be inca- pable of giving any vote at any election of a member to serve in parliament, s. 86. And be it further enacted. That all pecuniary pe- nalties inflicted by this act shall be recovered with full costs by action of debt, bill, plaint or information, in any of his majesty’s courts of record in Dublin, and that it shall be suf- ficient for the plaintiff in any such action of debt or informa- tion to set forth in tbe declaration that the defendant is in- debted to him in the sum of 500/., and to allege the particular offence for which such action or information is brought, and that the defendant hath therein acted contrary to this act, without mentioning the writ of summons to parliament, or the return thereof ; and that it shall be sufficient in any in- dictment for any offence contrary to this act, to allege the particular offence, and that the defendant is guilty, without mentioning the writ of summons to parliament, or the return thereof ; and that upon trial of any issue in any such action, information, or indictment, the plaintiff, informer, or prose- cutor shall not be obliged to prove the writ of summons to parliament, or the return thereof, or any warrant to the sheriff grounded upon such writ of summons. s. 87. And be it further enacted. That in case the plaintiff or informer in any action or information given by this act, shall discontinue, or be nonsuited, a judgment shall be given against him, the defendant shall recover treble costs ; Pro- vided always, that every action, information, indictment, or prosecution, grounded upon this act, be commenced within one year after the offence shall be committed ; and provided also, that in any action or suit brought against any person or per- from freehold of which he is not in possession, to be imprisoned six months. Perjury. Mode of recover, ing- penalties. Treble costs if nonsuited. Action to be commenced within one year. General issue may be pleaded. 6 Geo. IV. c. 79. [appendix I. 308 sons, for any tiling done in pursuance of this act, or in rela- tion to the matters therein contained, the defendant or de- fendants shall or may, at his or their election, plead specially or the general issue, and give this act and the special matter in evidence at any trial, and that the same was done in pur- suance and under the authority of this act ; and in case the jury shall find a verdict for the defendant or defendants, or if the plaintiff or plaintiffs shall be nonsuited, or discontinue his, her or their action or suit, after the defendant or defen- dants shall have appeared, or upon any demurrer, judgment shall be given against the plaintiff or plaintiffs, then and in every such case the defendant or defendants shall recover Boiible costs. double costs, and have such remedy for recovering the same as any defendants hath or have in other cases by law. No. 171 — 6 Geo. IV. c. 79. An Act to provide for the Assimilation of the Currency and Monies of Account throughout the United Kingdom of Great Britain and Ireland. ^IthJune, 18*25. s. 4. Provided always, and be it declared and enacted. That this act, or any thing therein contained, shall not be deemed or held to increase or decrease or alter the quantity of gold or silver coin to be paid or payable in discharge of, or in any way in reference to, any public revenue or debt, or in discharge of or in reference to any sum or sums of money contained or men- tioned in any act or acts of parliament in force at any time prior to the commencement of this act ; nor in any manner to affect or take away any franchise, right, benefit, privilege, or advantage, resulting from the possession of any lands, tene- ments, rents, or property, of the value mentioned in any act or acts of parliament; nor to increase or decrease or alter the quantity of gold or silver coin, to be paid or payable in dis- charge of or in reference to any sum or sums of money due or payable at the time of the passing of this act, or w^hich may become due or payable at any time after the commencement of this act, under the authority or by virtue of any usage or custom which shall be in force prior to the commencement of this act ; nor to increase or decrease or alter the quantity of gold or silver coin to be paid in discharge of or in reference to any sum or sums of money contained or mentioned in any law* or bye-law of any corporation or other public body, or payable under any authority whatsoever, at any time before the com- mencement of this act. Not to affect the real value in ^old or silver coin of the pub-“ lie revenues, or of any sums in acts of parlia- ment. PART IV.] 7 Geo. IV. c. 21. 309 No. 172. — 7 Geo. IV. c. 21. Afi Act for the better regulating Proceedings on Writs of Mandamus^ in Ireland. bth May, 1826. Whereas by an act passed in the parliament of Ireland, in the nineteenth year of the reign of king George the Second, entituled An act for the better regulating of corporations, it is, 190 ^ 0 , 2 . (I.) amongst other things enacted, that as often as any writ of mandamus shall issue out of the court of king’s bench, and a return shall be made thereto, it shall and may be lawful to and for the person or persons sueing or prosecuting^* such writ of mandamus to plead to or traverse all or any of the material facts contained within the said return ; whereupon such subsequent proceedings may be taken as are in and by the said act direct- ed : and whereas from the delays which occur in such proceed- ings, persons are often unreasonably obstructed in the esta- blishment of their rights : be it 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 from and after the passing of this act, whenever any writ of where the party mandamus shall issue for the admission or restoration of any can be admitted person to any office, place, situation or benefit to which he removal ©7 any^^ may be admitted, without the removal or displacing of any other person, he other person, and a return shall be made to such writ of man- by^pe\uion damns, and the person suing or prosecuting such writ of man- to be admitted damns, shall plead to or shall traverse all or any of the facts [Je^eourt^ma”^ of such return, as directed by the said recited act, then and make^ordeT ac- in every such case it shall and may be lawful to and for every cordingly. or any such person to apply to the court by petition, praying that he may be forthwith admitted to such office, place, situa- tion or benefit, notwithstanding such return, and pending the proceedings which may be had thereon under the said recited act ; and thereupon it shall and may be lawful for the court to appoint a time for the hearing of such petition, and to di- rect that such notice of such petition, and of the time appointed for hearing the same, shall be given as such court shall think proper, to the person or persons or body or bodies politic or corporate, making such return, and to such other persons as such court shall deem proper and fitting ; and upon affidavit of the due service of such notice, it shall be lawful for the said court to proceed, at the time appointed, to hear the matter of snch petition, and of any answer or answers thereto, in a sum- mary way, upon such affidavits or other documents as shall be laid before the said court, and thereupon to ascertain and de- clare whether the person or persons so suing or prosecuting such mandamus has or have reasonable grounds to entitle such person or persons to the relief sought by such mandamus, and to make any such rule or order or rules or orders thereon, for 310 7 Geo. IV. c. 21. [appendix I. Court may direct the payment of costs. 33 Geo. 3. (I.) Such order sub- ject to alteration, but shall be valid until altered by judgment. granting or refusing the prayer of such petition, and for ad- mitting or for the delaying the admission of such person or persons to the office, place, situation, or benefit, which shall be the subject of such application, and also for costs, in such manner as such court shall think proper, and to enforce obedi- ence to any and every such rule or order, as to other rules or orders of the court. s. 2. And be it further enacted. That if it shall appear to the court that any person so applying, and for whose admission to any office, place, situation, or benefit, any rule or order of such court shall be made, under the provisions of this act, did apply to the mayor, or other officer or officers, or person or persons, in any city, town corporate, borough, or corporation, having authority to admit to the office, place, situation, or benefit in question, and did give notice in writing specifying the nature of his claim and of his intention, if not admitted, to apply to the court of king’s bench for a writ of mandamus, pursuant to the provisions contained in an act passed in the parliament of Ireland, in the thirty third year of the reign of his late ma- jesty king George the Third, intituled. An act for giving re- lief in proceedings upon writs of mandamus for the admission of freemen into corporations : and that such mayor or other of- ficer or person, did, after such notice, refuse or neglect to ad- mit such person so applying, it shall and may be lawful for the court, if they shall see no just cause to the contrary, to direct that such person shall receive from such mayor, or other officer or person who neglected or refused to grant such admission, all costs to which such person so applying shall have been put, in applying for, obtaining, and serving such writ of mandamus, and in enforcing the same, together with the costs of applying for, obtaining, serving, and enforcing any such rule or order of the court under this act ; and if any such rule or order made under the authority of this act shall not be obeyed, then the same shall be enforced in such manner as any other rule or order made by the said court can or may be enforced by law. s. 3. Provided always, and be it enacted. That every rule or order of such court so made, shall be subject to be varied, altered, or annulled, by or under or in execution of any judg- ment which shall or may be given in, upon, or under such writ of mandamus, or such plea or traverse thereto ; but every such rule or order shall be and remain good, valid, and effectual ac- cording to the terms thereof, so long and so far as the same shall stand and remain not varied, altered, or annulled as aforesaid. PART IV.] 7, 8 Geo. IV. c. 37. 311 No. 173 7, 8 Geo. IV. c. 37. An Act to make further Regulations for preventing corrupt Practices at Elections of Members to serve in Parliament, and for diminishing the Expense of such Elections. 21s^ June, 1827. Whereas it is expedient to make further regulations for preventing corrupt practices at elections of members to serve in parliament, and for diminishing the expense of such elec- tions ; 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 parlia- ment assembled, and by the authority of the same, That from persons em- and after the fifth day of July one thousand eight hundred and twenty-seven, if any person shall, either during any to be disqualified election of a member or members to serve in parliament for from voting, any county, county of a city, county of a town, city, borough, cinque port, or other place, or within six calendfir months previous to such election, or within fourteen days after it shall have been completed, be employed at such election as counsel, agent, attorney, poll-clerk, flagman, or in any other capacity, for the purposes of such election, and shall at any time, either before, during, or after such election, accept or take from any such candidate or candidates, or from any person what- soever, for or in consideration of or with reference to such employment, any sum or sums of money, retaining fee, office, place, or employment, or any promise or security for any sum or sums of money, retaining fee, office, place, or employment, such person shall be deemed incapable of voting at such election, and his vote if given shall be utterly void and of none effect. s. 2. And be it further enacted. That no person to be Cockades and hereafter elected to serve in parliament shall, after the teste ”candi^^ of the writ of summons, or after such place becomes vacant date^, ^ in time of parliament, before his election, by himself or agent, directly or indirectly, give or allow to any person having a vote at such election, or to any inhabitant of the county, city, town, borough, port, or place, any cockade, ribbon, or other mark of distinction. s. 3. And be it further enacted. That any person so giving penalty on per- or allowing, shall for every such offence forfeit the sum of sons giving or ten pounds to such person as shall sue for the same, to be or cockades^^^^^ sued for and recovered in any of his majesty’s courts of record, by action of debt, bill, plaint, or information, wherein no essoign, protection, privilege, wager of law, or more than one imparlance may be allowed. s. 4. And be it further enacted, That nothing in this act Act not to ex- contained shall extend or be construed to extend to that part ' of the united kingdom called Scotland. s. 5. And be it further enacted. That no person having a Voters exempt right to vote at the election for any county, county of a city, from serving as 312 7, 8 Geo. IV. c. 53. [appendix I. constables during elections. No member of the house of com- monsto be acorn, missioner or of- ficer of excise. No officer to vote or interfere in elections for members of par- liament, under a penalty of 500?. and of being ren- dered incapable of holding any office. county of a town, city, borough, cinque port, or other place, shall be liable or compelled to serve as a special constable at or during any election for members to serve in parliament for such county, county of a city, county of a town, city, bo- rough, cinque port, or other place, unless he shall consent so to act ; and that he shall not be liable to any fine, penalty, or punishment whatever, for refusing so to act ; any statute, law% or usage to the contrary notwithstanding. No. 174 — 7, 8 Geo. IV. c. 53. Ail Act to consolidate and amend the Laws relating to the CoU lection and Management of the Revenue of Excise throughout Great Britain and Ireland. 2d Juhjy 1827. s. 8. And be it further enacted. That no person being a member of the commons house of parliament shall, during the time of his being such member of parliament, be capable of being a commissioner or assistant commissioner of excise, or commissioner of appeal under this act, or of being an officer of excise, or person employed in the charging, collecting, or managing of any part of the revenue of excise, or in comptrol- iing or auditing the accounts thereof, nor shall be capable of taking, holding, or executing, or being in any manner con- cerned in executing, either by himself or deputy, or by any other person or persons in trust for him, or for his use and benefit, any such office or employment ; and if any person shall, during the time of his being a member of the commons house of parliament, at any time take, hold, or execute, or be in any manner concerned in executing, either by himself or deputy, or by any other person or persons in trust for him, or for his use and benefit, any such office or employment as aforesaid, such person shall be and is hereby declared to be incapable of sitting, voting, or acting in any manner as a mem- ber of the commons house of parliament in such parliament. s. 9. And be it further enacted. That no commissioner or assistant commissioner of excise, or commissioner of appeal under this act, or any officer of excise, or person employed in the cliarging, collecting, or managing of any part of the re- venue of excise, or in comptrolling or auditing the accounts thereof, shall be capable of giving his vote for the election of any person to serve in parliament ; and if any commissioner, or assistant commissioner, or commissioner of appeal, or any officer or other person, hereby made incapable of voting as aforesaid, shall nevertheless presume to give his vote during the time he shall hold, or within two calendar months next after he shall have ceased to hold or execute, any office or em- ployment as aforesaid, such vote so given shall be held null and void to all intents and purposes whatsoever ; and every such commissioner, assistant commissioner, commissioner of appeal, 7, 8 Geo. IV. c. 65. 313 PART IV.] officer, and person as aforesaid, who shall give any such vote, or who shall by word, message, or writing, or in any other manner whatsoever, endeavour to persuade any elector to give, or to persuade any elector from giving his vote for the election of any person to serve in parliament, shall for every such of- fence (the same being proved by two or more credible wit- nesses upon oath) forfeit and lose the sum of five hundred pounds, one moiety whereof shall be paid to the informer, and the other moiety thereof to the poor of the parish in which such offence shall have been committed and such penalty in- curred; and every such penalty shall and maybe recovered by any person who shall, within twelve months next after such penalty shall have been incurred, inform or sue for the same, by action of debt, hill, plaint, or information, in any of his majesty’s courts of record at Westminster, Edinburgh, or Dublin, in which no essoign, protection, privilege, or wager of law, no more than one imparlance, shall he allowed; and every person convicted of any such offence shall be and is hereby declared to be incapable of ever holding or executing any office or place of trust whatsoever under his majesty, his heirs or successors : Provided always, that nothing herein con- tained shall extend, or be deemed or construed to extend, to repeal, or to alter any of the laws touching or in anywise re- lating to election in any part of the united kingdom, except- ing so far as is hereby expressly provided. No. 175 7, 8 Geo. IV. c. 65. An Act to explain and remove Doubts touching the Admiralty, 2d July, 1827. s. 4. And be it further enacted. That the members of the Appointment of council of the Lord High Admiral shall, from and after the passing of this act, be appointed by his majesty, and be re- movable at his majesty’s pleasure : Provided always, that no pj-oyigo to person holding the office of a member of the present council, present mem- being a member of the house of commons at the time of the passing of this act, shall vacate his seat by reason of being re- appointed to the same under the provisons of this act, or of his being made removable from the said office at the pleasure of his majesty. s. 5. And be it further enacted. That the members of the Members of the council of the lord high admiral for the time being shall not be deemed and taken to have or hold any new offices or places ne^office. ° * of profit within the meaning of an act passed in the sixth year of the reign of her majesty queen Anne, intituled. An act for the security of her majesty's person and government, and of the succession to the crown of Great Britain in the protestant line, 2d 314 9 Geo. IV. c. 22. [appendix I. 10 Geo. 3. c. Repeal of 10 Geo. 3. c. 11 GeOi 3. c. 14 Geo. 3. G. Part of 25 Geo. 3. c. No. 176.— .9 Geo. IV. c. 22. An Act to consolidate and amend the Laws relating to the Trial of controverted Elections or Returns of Members to serve in Parliament. May, 1828. Whereas great benefit has been found to arise from the 16. regulations of an act passed in the tenth year of the reign of his late majesty king George the third, intituled An Act to regulate the trials of controverted elections or returns of mem- bers fo serve in parliament : and whereas several acts have subsequently been passed to amend and extend the same : and whereas it is expedient to consolidate, and in some respects to amend and simplify, the laws relating thereto ; be it there- fore enacted by the king’s most excellent majesty, by and with the advice and consent of the lords spiritual and tem- poral, and commons, in this present parliament assembled, and by the authority of the same, that the said act passed in the tenth year of the reign of his late majesty king George the third, intituled. An Act to regulate the trials of contro- verted elections or returns of members to serve in parliament : ^ also an act passed in the eleventh year of the reign of his late; 42. majesty, intituled. An Act to explain and amend an act made in the last session of parliament, intituled, “ An Act to regu - , late the trials of^ controverted elections or returns of members \ to serve in parliament also an act passed in the fourteenth 15. year of the reign of his late majesty, intituled. An Act for \ making perpetual two acts passed in the tenth and eleventh years of the reign of his present majesty, for regulating the trials of controverted elections or returns of members to serve in par- liament ; also so much of an act passed in the twenty-fifth year of' ^ the reign of his late majesty, intituled. An Act to limit the dura- [ tion of polls and scrutinies, and for making other regulations] touching the election of members to serve in parliament for places i within England and Wales, and for Berwick-upon-Tweed, ' and also for removing difficulties which may arise from, want of returns being made of members to serve in parlia- ment,^ as relates to the appoiniment of a select committee to take into consideration the petition of any person claiming to have had a right to vote, or to have been entitled to have been declared duly elected, where no return has been made to any writ issued for the electing of any member or members to serve in parliament, on or before the day on which such writ is made returnable, or within fifty-two days after the day on which such writ bears date, if such WTit be issued during any i session or prorogation of parliament, or where the return be ij not according to the requisition of the writ, but contains [ special matters only concerning the election ; also to the no- | tices to be given of the meeting of such committees, and to f the manner in which the trials of such petitions are to be re- | gulated, and the mode in which parties entitled to be returned I I PART IV.] 9 Geo. IV. c. 22. 315 tnay proceed against any sheriff or returning officer, in case a select committee shall have determined that such sheriff or returning officer had -svil fully delayed or neglected or refused to make such return ; also an act passed in the twenty-eighth year of the reign of his late majesty, intituled, An Act for Part of the further regulation of the trials of controverted elections or ^ returns of members to serve in parliament, except in so far as the same relates to the repeal of so much of an act passed in the second year of the reign of his majesty king George the second, intituled, An Act for the more effectual preventing bribery and corruption in the election of members to serve in parliament, as enacts that such votes shall be deemed legal which have been so declared by the last determination in the house of commons, and that such last determination concern- ing any county, city, borough, or place, shall be final ; also an act passed in the thirty-second year of the reign of his late majesty, intituled, An Act to extend the provisions of certain 32 Geo. 3. c. I. acts of parliament made to regulate the trials of controverted elections or returns of members to serve in parliament ; also an act passed in the thirty-fourth year of the reign of his late majesty, intituled, An Act to explain so much of an act made 34 Geo. 3. c. 83, in the tmenty’^eighth year of his present majesty's reign, intituled, An Act for the further regulation of the trials of controverted elections or returns of members to serve in parliament," as re- lates to the time of presenting certain renewed petitions, and taking the same into consideration ; also an act passed in the thirty-sixth year of the reign of his late majesty, intituled, An Act for the more effectual execution of several acts of^Geo. Xc.W. parliament, made for the trials of controverted elections or re- turns of members to serve in parliament ; also an act passed in the forty-second year of the reign of his late majesty, inti- tuled, An Act for the further regulation of the trials of con- 42 Geo. 3. c. 84. troverted elections or returns of members to serve in parliament, and for expediting the proceedings relating thereto ; also an act passed in the forty-seventh year of the reign of his late majesty, intituled, -4 to revive and make perpetual, and to amend, an h act made in the forty-second year of his present majesty, for the further regulation of the trials of controverted elections or returns of members to serve in parliament, and for expediting the proceedings relating thereto ; also so much of an act passed in the forty-seventh year of the reign of his late majesty, intituled, An Act to amend several acts for regulating the trial Part of of controverted elections or returns of members to serve in par- liament, so far as the same relate to Ireland, as enacts that the order for taking into consideration any petition relative to the trial of any controverted election or return in Ireland shall not be discharged until the expiration of twenty -eight days after such petition shall have been presented to the house of commons, by reason that the recognizance required by an act made in the twenty-eighth year of his late majesty’s reign, intituled, An Act for the further regulation of the trials of controverted elections or returns of members to serve 316 9 Geo. IV. c. 22. [appendix I. 53 Ge 0 ‘ 3. c. 71. Upon complaint made to the house of com- mons of an un- due election or return, or that no return has been made, a time to be fixed for considering thereof, and no- tice given* House may alter the time, giving the like notice and order. If petitioners do not attend at the time required, the order to be discharged. No petition to be proceeded upon, unless subscribed as herein men. tioned. in parliament, was not received by the speaker under the provisions of the said recited act ; also an act passed in the fifty-third year of the reign of his late majesty, intituled. An Act for amending and rendering more effectual the laws for the trials of controverted dections and returns of members to serve in parliament ; be hereby repealed. s. 2. And be it enacted, That whenever a petition com- plaining of an undue election or return of a member or mem- bers to serve in parliament, (or complaining that no re- turn has been made to any writ issued for the election of any member or members to serve in parliament on or before the day on which such writ is made returnable, or if such writ be issued during any session or prorogation of parliament, that no return has been made to the same within fifty- two days after the day on which such writ bears date, or that any re- turn is not according to the requisition of the writ, or com- plaining of the special matters contained in such return,) shall be presented to the house of commons within such time as shall be from time to time limited by the house, a day and hour shall be appointed by the said house for taking the same i into consideration, and notice thereof in writing shall be forth- with given by the speaker to all parties so petitioning, and to ' the sitting members ; and to any parties who may have peti- 5 tioned to be permitted to defend any such election or return, and where no return has been made, or the special matter of the return, or the conduct of any returning officer is com- ' plained of, to the returning officer or officers, accompanied with an order to the parties to attend the house at the time appointed, by themselves, their counsel, or agent. s. 3. And be it enacted. That the house may alter the day and hour so appointed for taking any such petition into con- sideration, and appoint some subsequent day and hour for the ’ same, as occasion shall require, giving to the respective parties ( the like notice of such alteration, accompanied with an order j to attend on such subsequent day and hour as aforesaid ; and if t within one hour after the time fixed in the manner hereinafter , directed for calling in the respective parties, their counsel or \ agents, for the purpose of proceeding to the appointment of ; a select committee, the petitioner or petitioners, or some one or more of them who shall have signed any such petition, shall not appear, by himself or themselves, or by his or their counsel or agents, the order for taking such petition into con- sideration shall thereupon be discharged, and such petition shall not be any further proceeded upon. s. 4. And be it enacted. That no such petition shall be pro- ceeded upon, unless the same, at the time it is presented to the i house, shall be subscribed by some person or persons claiming ; therein to have had a right to vote at the election to which || the same shall relate, or to have had a right to be returned as j| duly elected thereat, or alleging himself or themselves to have ^ been a candidate or candidates at such election, or claiming j therein to have had a right to vote at the election of any dele- | PART IV.] , 9 Geo. IV. c. 22. ^17 gate or commissioner for choosing a burgess for any district of burghs in that part of Great Britain called Scotland to which the same shall relate. s. 5. And be it enacted, That no proceeding shall be had upon Recognziances to any such petition, unless the person or persons subscribing the petitionSs^ same, or some one or more of them, shall within fourteen days and sureties, to after the same shall have been presented to the house, or within P^y costs, such further time as shall be limited by the house, personally enter into a recognizance to our sovereign lord the king, ac- cording to the form hereunto annexed, in the sum of one thou- sand pounds, with two sufficient sureties in the sum of five hundred pounds each, or four sufficient sureties in the sum of two hundred and fifty pounds each, for the payment of all costs, expenses, and fees, which shall become due to any wit- ness, summoned in behalf of the person or persons so sub- scribing such petition, or to any clerk or officer of the house, upon the trial of such petition, or to any party who shall ap- pear before the house, or any committee of the house, in oppo- sition to such petition, in case such person or persons shall fail to appear before the house at such time or times as shall be fixed by the house for taking such petition into considera- tion ; or in case such petition shall be withdrawn by the per- mission of the house ; or in case such committee shall report to the house, that such petition appears to them to be frivolous or vexatious ; and if, at the expiration of the said fourteen days such recognizance shall not have been entered into, or shall not have been received by the speaker of the house of commons, or the time for entering into or receiving such re- cognizance shall not previously have been enlarged, the speaker shall report the same to the house, and the order for taking such petition into consideration shall thereupon be discharged, unless upon special report of the examiners into the sufficiency of the sureties, or upon matter specially stated and verified upon oath to the satisfaction of the house, the house shall see cause either to enlarge the time for entering into such recognizance, or to allow the names of any such sureties to be changed ; and whenever such time shall be so enlarged, or name of any such surety shall be changed, the order for taking such petition into consideration shall, if necessary, be postponed, so that no such petition shall be taken into consideration till after such recog- nizance shall have been entered into and received by the speaker : Provided always, that the time for entering into such recognizance shall not be enlarged more than once, or for any number of days exceeding thirty, nor the name of any proposed surety be^ more than once changed. s. 6. And be it enacted, That on the day when any such Names of sure- petition shall be presented, or on the next day at furthest, the petitioner or petitioners shall deliver or cause to be delivered, clerk of the in WTiting, to the clerk of the house of commons, the names, house of com- together with the additions and usual places of residence, of the persons who are proposed to become such sureties, which names 2d ^ 318 9 Geo. IV. c. 22. [appendix I. ■Eecognizances to be entered into before the speaker, and the sufficiency of sureties to be allowed by him, on the report of the persons here- .in mentioned. Seven days to be allowed before the sureties are examined. Parties or sure- ties living more than forty miles from London may enter into recognizances before a justice. Evidence as to sufficiency of sureties. In what cases petitions may be withdrawn. shall he entered in a book to be kept by the said clerk in bis office, open to the inspection of all parties concerned. s. 7. And be it enacted, That the said recognizances shall be entered into before the speaker of the house of commons, who is hereby authorized and empowered to take the same; and the sufficiency of the sureties named therein shall be judged of and allowed by the said speaker, on the report of two persons appointed by him to examine the same, of which two persons the clerk or one of the clerks assistant of the house of com- mons shall always be one, and one of the following officers, not being a member of the said house, shall be the other : (that is to say) masters of the high court of chancery, clerks in the court of king’s bench, prothonotaries in the court of common pleas, and clerks in the court of exchequer ; and the said per- sons so appointed are hereby authorized and required Xo eb. amine the same, and to report their judgment thereupon, and are also hereby authorized to demand and receive such fees for such examination and report as shall be from time to time fixed by any resolution of the house of commons : Provided always, that seven clear days at the least shall intervene between the . day on which the names shall have been delivered in and en- tered in a book kept in the office of the clerk as aforesaid, and ' the day on which the sufficiency of the sureties shall be ex- < amined, as hereinbefore directed. s. 8. And be it enacted, That if the party or parties who ; are to enter into such recognizance, or his or their sureties, or * either of them, shall reside at a greater distance from London than forty miles, it shall and may be lawful for such party or surety respectively to enter into such recognizance before any of his majesty’s justices of the peace; and his majesty’s justices of the peace, or any of them, is and are hereby authorized and empowered to take the same ; and such recognizance, being duly certified under the hand of such justice, and being trans- ^ mitted to the speaker of the house of commons, shall have the ; same force and effect as if the same had been entered into be- * fore the said speaker : Provided also, that it shall and may be , lawful for the persons to whom it is referred by the speaker to ' examine the sufficiency of the sureties, to receive in evidence in their said examination any affidavits relating thereto T,vhich shall be sworn before any such persons, or any master of the high court of chancery, or before any of his majesty’s justices of the peace, who are hereby each of them respectively authorized to administer such oath, and to certify such affidavit under his hand. s. 9. And be it enacted. That the house of commons shall not permit any such petition to be withdrawm, except so far as the same may relate to the election or return of any mem- ber who shall, since the same shall have been presented, have vacated his seat by death or in any other manner, or in conse- quence of some matter which shall have arisen since the same was presented, and which shall be specially stated and verified upon oath to the satisfaction of the house. s. 10. And be it enacted, That it shall and may be lawful, PART IV.] ^ 9 Geo. IV. c. 22. 319 at any time within fourteen days after the day on which any such petition shall have been presented, for any person or persons claiming to have had a right to vote at the election, or at the election of delegates or commissioners for making such election, to which the same shall relate, to petition the house of commons, praying to be admitted as a party or par- ties to defend such return, or to oppose the prayer of sueh petition, and such person or persons shall thereupon be ad- mitted as a party or parties, together with the sitting member, and shall be considered as such to all intents and jDurposes whatever. s. 11. And be it enacted. That if at any time before the day appointed for taking any such petition into consideration, the speaker of the house of commons shall be informed, by a certificate in writing subscribed by two of the members of the said house, of the death of any sitting member whose elec- tion or return is complained of in such petition, or of the death of any member returned upon a double return whose election or return is complained of in such petition, or that a writ of summons has been issued under the great seal of Great Britain to summon any such member to parliament as a peer of Great Britain ; or if the house of commons shall have resolved that the seat of any such member is by law become vacant ; or if the house of commons shall be in- formed, by a declaration in writing, subscribed by any such member, and delivered in at the table of the house within fourteen days after the day on w’hich any such petition shall have been presented, that it is not the intention of such mem- ber to defend his election or return ; in every such case notice thereof shall immediately be sent by the speaker to the sheriff or other returning officer for the county, city, borough, district of burghs, port, or place to w'hich such petition shall relate ; and such sheriff or other returning officer shall cause a true copy of the same to be affixed on the doors of the county hall or towm hall, or of the parish church nearest to the place wdiere such election has usually been held ; and such notice shall also be inserted by order of the speaker in one of the tw^o next London Gazettes ; and the order for taking such petition into consideration shall, if necessary, be adjourned, so that at the least thirty days may intervene between the day on which such notice shall be inserted in the said Gazette and the day on which such petition shall be taken into consideration. s. 12. And be it enacted. That it shall and may be lawful, at any titne wdthiu thirty days after the day on wdiich such notice shall have been inserted in the said Gazette, for any person or persons claiming to have had a right to vote at such election, or at the election of delegates or commissioners for making such election, to petition the house, praying to be admitted as a party or parties in the room of such member ; and such person or persons shall thereupon be so admitted as a party or parties, and shall be considered as such, to all intents and purposes whatever. Voters upon pe- tition, may be- come a party to oppose (*r defend the return. Where the seat becomes vacant, or the sitting member declines to defend his re- turn before the petition is takeh into considera- tion, notice to be sent by the speaker to the returning officer of the place to which the peti- tion relates. Notice to be affixed on the doors of the county hall, &c. and inserted in the London Gaz- ette ; and in con- sideration of the petition ad- journed. Within thirty days after notice, voters, &c. may be admitted as parties to defend the return. 320 9 Geo. IV. c. 22. [appendix I. Members having’ given notice of their intention not to defend, shall not be ad- mitted as parties. Lists of votes in- tended to be ob- jected to, to be delivered to the clerk of the house of commons. Evidence to be confined to ob- jections particu- 1 pi zed in the lists. s. 13. And be it enacted, That whenever the member whose election or return is so complained of in such petition shall have given such notice as aforesaid, of his intention not to defend the same, he shall not be admitted to appear or act as a party against such petition in any subsequent proceedings thereupon ; and he shall also be restrained from sitting in the house of commons, or voting on any question, until such petition shall have been decided upon. s. 14. And be it enacted. That in all cases of controverted elections or returns of members to serve in parliament for Great Britain, all the parties complaining of or defending such elections or returns shall, by themselves or their agents, deliver in to the clerk of the house of commons lists of the votes intended to be objected to, to be by the said clerk kept in his office, open to the inspection of all parties concerned, giving in the said lists the several heads of objections, and distinguishing the same against the names of the voters ex- cepted to ; and that such lists shall be so delivered in upon all controverted elections and returns for Scotland, or for any county in England or Wales, ten days at least before the day . appointed for the consideration of the petition complaining of such election or return ; and upon all other controverted elections or returns for England or Wales, five days at least ' before the day appointed for the consideration of such peti- tion : Provided always, that if the consideration of any such ! petition shall be postponed by order of the house during the ^ same session, or shall be renewed at the commencement of another session, it shall be sufficient if such lists shall be so delivered within such periods as are hereby directed before the committees for the trial of such petitions shall be actually ap- pointed ; or if any person or persons shall have been admitted ; as aforesaid to defend the return in the room of any sitting member or members returned in a double return, who before ' such petition is taken into consideration shall have died, or ; been called by writ of summons to parliament as a peer of ‘ Great Britain, or whose seat shall have become vacant by > law, or who shall in the manner aforesaid have declared his intention not to defend his election or return, then it shall be sufficient if such lists shall be so delivered within such periods as are hereinbefore directed before the time to which the tak- ing such petition into consideration shall be adjourned. s. 15. And be it enacted. That no evidence shall be adduced before the select committee appointed for the trial of the petition upon which such list shall have been delivered in, against the validity of any vote, upon any head of objection to such voter other than one of the heads so specified and particularized against him in such list as aforesaid ; and if any ground of objection shall be stated against any voter in such lists, and no evidence shall be produced before sucli select committee to substantiate such objection, and if such select committee shall be of opinion that such objection was frivo- lous or vexatious, the said committee shall report the same to the house of commons, together with their opinion on the PART IV. J 9 Geo. IV. c. 22. 321 other matters relating to the said petition, and the opposite party shall in such case be entitled to recover, from the party or parties by whom or on w^hose behalf any such objections were made, the full costs and expenses incurred by reason of such frivolous or vexatious objections, which costs and ex- penses shall be ascertained and recovered in the same man- ner and form as is hereinafter provided for the recovery of costs and expenses in cases of frivolous or vexatious petitions. s. 16. And be it enacted, That on the day appointed for taking any such petition into consideration the house shall not proceed to any business previous to the reading of the order of the day for that purpose, except to swear in any member, or to receive any report from any select committee appointed in pursuance of this act, and to enter the same upon their journals, and to give the necessary orders and directions thereupon; or to admit the clerk of the crown to alter or amend any return, in pursuance of an order made on a preced- ing day or on that day ; or to attend his majesty or his majesty’s commissioners in the house of lords, in consequence of any message from his majesty, or from his majesty’s com- missioners, signified to the house in the usual manner ; or to receive any message or messages from the lords ; or on days appointed for the trial of any articles of impeachment exhi- bited or to be exhibited by the commons before the lords in parliament, to proceed to any business that may be necessary for the purpose of carrying on the prosecution of such im- peachment. s. 17. And be it enacted. That at the time appointed for taking any such petition into consideration, and previous to the reading of the order of the day for that purpose, the ser- geant at arms shall be directed to go with the mace to the places adjacent, and require the immediate attendance of the members on the business of the house ; and that after his return the house shall be counted, and if there be less than one hundred members present, the order for taking such pe- tition into consideration shall be immediately adjourned to a particular hour on the following day, (Sunday, Christmas- day, and Good Friday always excepted,) and the house shall not proceed to any other business whatsoever, except as here- after provided, but shall then adjourn to the said day ; and the proceedings of all committees, subsequent to such notice from the said sergeant, shall be void ; and on the following day the house shall proceed in the same manner, and so from day to day, till there be an attendance of one hundred mem- bers at the reading of the order of the day to take such peti- tion into consideration ; Provided always, that if, after read- ing the order of the day for taking any such petition into con- sideration, on any day immediately preceding Christmas day, (or if Christmas day falls on a Monday, on the preceding Saturday,) Whitsunday, or Good Friday, it shall be found that there are not one hundred members present, or that the number of thirty-three members, not set aside or excused On days ap- pointed for tak- ing" petitions into consideration, house to proceed to the order of the day for that purpose before any other busi- ness, except as herein is ex- cepted. Serg'eant at arms before the read- ing" of the order, to require the at- tendance of the members. House to be counted, and if there are not 100 members the house to adjourn. 322 9 Geo. IV. c, 22. [appendix 1 If 100 members are present, the parties, &c. to be ordered to the bar. Names of mem- bers to be put in six boxes or fylasses, and drawn out alter- nately, and read by the speaker, till 33 be drawn, &c. Previous to tak- ings a petition into considera- tion, the names of members to be put into a box, &c. How to proeeed where two or more petitions are ordered to be taken into consi- deration on the came day. cannot be completed, it shall and may be lawful for iht house, if they shall think fit, to direct that the said order shal be adjourned for any number of days, and the house shaf then immediately be adjourned to the hour and day to which such order shall be so adjourned. s. 18. And be it enacted. That if after summoning the mem- bers, and counting the house, as aforesaid, one hundred mem- bers shall be found to be present, the parties, their counsel or agents, shall be ordered to attend at the bar, and then the door of the house shall be locked, and no member shall be suffered to enter into or depart from the house until the parties, their counsel or agents, shall be directed to withdraw, as hereinafter is mentioned ; and when the door shall be locked as aforesaid, the order of the day shall be read, and the names of all the members of the house, written on distinct pieces of paper, being all as near as may be of equal size, and folded up in the same manner, shall be put into six glasses, to be placed on the table for that purpose; and then the clerk or clerk assistant attending the house shall publicly draw out of the said six glasses the said pieces of paper, and deliver the same to the speaker, to be by him read to the house, and so shall continue to do until thirty-three names of the members present be drawn : provided always, that the names of all the members so written and folded up shall, previous to the time appointed for taking any such petition into consideration, be prepared by the sai^ clerk or clerk assistant, and by him put into a box in the presence of the speaker, together with an attestation, signed by the said clerk or clerk assistant, purporting that the names of all the members were by him put therein the day of in the year , which said box the speaker shall seal or cause to be sealed, in his presence, with his own seal, and to the outside thereof shall annex or cause te be annexed an attestation, signed by himself, purport- ing that the said box was, on the day of in the year , made up in his presence, in the manner directed by this act ; and that as soon as the parties shall be withdrawn as aforesaid, and before the house shall enter on any other business, any member may require that the names of all the members which remain undrawn shall be drawn and read aloud by the said clerk or clerk assistant. s. 19. And be it enacted. That when two or more such peti- tions are ordered to be taken into consideration by the house" on the same day, it shall and may be lawful, after summoning the members and counting the house, in the manner hereinbe- fore directed, to order all the petitioners and other parties, by themselves, their counsel or agents, to attend within the house at the same time, before the door shall be locked ; and after the list of the thirty-three names of the members present hath been drawn by lot and completed, in order to form the first com- mittee, as hereinbefore is directed, it shall and may be lawful to proceed forthwith, and before the door of the house shall be opened, except for the purposes hereinafter mentioned, to draw PART IV.] 9 Geo. IV. c. 22. 323 by lot, and complete in like manner, out of the same glasses, another list of thirty-three names of the remaining members present, in order to form the second committee, according to the said directions ; and in the same manner to draw by lot and complete successive lists of thirty-three names of the re- maining members present, in order to form a third or fourth committee, according to the said directions. s. 20. And be it enacted. That it shall not be lawful to pro- be ceed in manner aforesaid to form successive lists, in order to sent to form form more than one of such committees, unless one hundred and twenty members shall be present in the house at the time ^ ’ counting the same ; nor to form successive lists, in order to form more than two such committees, unless one hundred and eighty members shall then be present in the house ; nor to form successive lists, in order to form more than three such committees, unless two hundred and forty members shall then be present in the house. s. 21. And be it enacted, That if the name of any member Certain members who shall have given his vote at the election complained of disqualitied from as aforesaid, or who shall be a petitioner complaining of an mittees.^^^^”^" undue election or return, or against whose return a petition shall be then depending, or whose return shall not have been brought in fourteen days, shall be drawn, his name shall be set aside, and not be entered in the list of names drawn. s. 22. And be it enacted, That if the name of any member Members abov of sixty years of age or upwards be drawn, he shall be excused ^ from serving on any select committee to be appointed by vir- cuse™.^^ ^ tue of this act, if he require it, and verify the cause of such excuse upon oath. s. 23. And be it enacted. That if the name of any member ^av^^^evkfuTl^^ who has served on one such select committee during the same s^rvedon^a^select session be drawn, he shall, if he require it, be excused from committee dur- serving again in any such select committee, unless the house ggfgign shall, before the day appointed for taking the said petition into consideration, have resolved that the number of members who have not served on any such select committee in the same session is insufficient to fulfil the purposes of this act respecting the choice of such select committee. s. 24. And be it enacted. That no member who, after hav- As to members .ing been appointed to serve on any such select committee, shall, ^^gg^Jas^been* on account of inability or accident, have been excused from excused, attending the same throughout, shall be deemed to have served on any such committee. s. 25. And be it enacted. That if any other member shall If members offer offer any other excuse, the substance of the allegations shall be Sie^o^nion^of taken down by the said clerk, in order that the same may after- the house to be wards be entered on the journals, and the opinion of the house taken thereon, shall then be taken thereon : and if the house shall resolve that the said member ou^ht not to be compelled to serve on such select committee, he shall also be excused from such service : provided always, that the said member shall there- upon verify upon oath the allegations so taken down by the clerk. 324 9 Geo. IV. c. 22. [appendix I. Members ex- cused for reasons applying espe- cially to one pe- tition may be re- drawn. Instead of mem- bers excused, others to be drawn. If number of 33 members cannot be completed, house to adjourn. But if one com. mittee has been formed, the house may pro. ceed with other business; and the orders for the remaining peti- tions may be adjourned. When lists are complete, the house to proceed to other business. How to proceed where a list can- not be completed. s. 26. And be it enacted, That in case the house shall proceed in manner aforesaid to form successive lists, in order to form two or more such committees, and any member whose name is drawn shall be excused for some reason which applies specially to any one -petition, the name of such member shall be returned into the glass from whence it has been taken, so that it might be again drawn by lot upon any of the following petitions : — s. 27. And be it enacted, That instead of the members so set aside and excused, the name of other members shall be drawn, who may, in like manner, be set aside or excused, and others drawn to supply their places, until the whole number of thirty-three members not liable to be so set aside nor excused, shall be complete ; and if the number of thirty- three members, not set aside nor excused, cannot be completed, the house shall proceed in the manner hereinbefore directed in case there be less than one hundred members present at the time prescribed for counting the house, and so from day to day, as often as the case shall happen ; Provided always, that if two or more such petitions are to be taken into consideration on* the same day, and it shall happen, by reason that a sufficient ^ number of members liable to serve are not present in the housed that successive lists cannot be formed, in manner aforesaid, upon all such petitions, yet the house may nevertheless pro- ceed to form the list or lists, and appoint the select committee , or committees upon one or more of such petitions, as far as they are enabled so to do by the number of members present, and may after such appointment, proceed to any other busi- ness ; and the order or orders for taking the remaining petition or petitions into consideration shall be adjourned, as hereinbe- fore is directed in case there be less than one hundred mem- bers present at the time prescribed for counting the house. s. 28. And be it enacted, That as soon as thirty-three | members shall have been so chosen by lot, the house may pro- ; ceed to take any other such petition into consideration as may^ have been appointed to be considered on that day, and if there be none such, then the doors of the house shall be opened, and , the house may proceed upon any other business. ' s. 29. Provided always, and be it enacted. That if after counting the house in the manner hereinbefore mentioned there be less than one hundred members present, or if thirty- three members, not set aside or excused, cannot be completed, as hereinbefore is provided, the house shall not proceed upon I any business whatever, except to adjourn the order of the day i' for taking any such petition into consideration, in manner here- | inbefore directed, or to proceed upon any order of the day for the ! call of the house which shall have been previously fixed for that u day, and to direct that the house, in pursuance of such order, |1 be then called over, if they shall so think fit, or to direct | that such order of the day for the call of the house shall be i adjourned to such future day as they shall appoint, and in | either of such cases to come to such resolutions, and to make | PART IV.] 9 Geo. IV. c. 22. 325 such orders relating thereto, as to the house shall seem meet ; and in case no order of the day for a call of the house shall have been previously fixed for that day, then to order that the house shall be called over on such future day as they shall appoint, and to make such orders relating thereto as they shall think necessary, and in such case to make such other orders as to them shall seem expedient, for enforcing the attendance of the members upon the business of the house, and that the house shall then adjourn to the same day to which the order or orders for taking into consideration any such petition or petitions shall have been adjourned, and so from time to time, as occasion shall require ; and in case no such proceedings with, respect to any call of the house, or other the matters before mentioned, shall take place, or if in the course of those proceedings the house shall be adjourned for want of members, the house shall be deemed and taken, and shall be declared to be adjourned to the same day to which such order or orders shall have been adjourned: Provided always, that in case the thirty- three members not set aside or excused can- not be completed, it shall not be law’ful for the house to proceed upon any of the matters before mentioned until the door of the house is unlocked, and the parties, their counsel and agents, are withdrawn from the bar. s. 30. And be it enacted. That as soon as the said thirty- three members shall have been so chosen by lot, the petition- ers and sitting member or members, or any party who may have been admitted to defend the return, or to defend any right of election, and all the parties, their counsel or agents, shall immediately withdraw, together with the clerk appointed to attend the said select committee ; which clerk shall furnish a list of the thirty-three members to each of the parties : and the petitioners and sitting member or members, or such party as may have been admitted as aforesaid to defend the return or right of election, their counsel or agents, beginning on the part of the petitioners, shall alternately strike off one of the said thirty- three members, until the said number shall be reduced to eleven ; and the said clerk, within one half hour at the furthest from the time of the parties with- drawing from the house, or if the door of the house shall at the expiration of such half hour be closed, then immediately after they shall be opened, shall deliver into the house the names of the eleven members then remaining, and the said eleven members shall be sworn at the table well and truly to try the matter of the petition referred to them, and a true judgment to give according to the evidence, and shall be deemed and taken to be a select committee legally appointed to try and determine the merits of the return or election ap- f pointed by the house to be by them taken into consideration, f from and after the time of any such select committee having r been sworn at the table ; and the house shall order the said select committee to meet at a certain time, to be fixed by the house, which shall be within twenty-four hours of the ap- 2 c Lists of the 33 members to be given to the par. ties who are to withdraw, and reduce the num- ber to 11. 326 9 Geo. IV. c. 22. [appendix I. pointment of tlie said select committee, unless a Sunday, Christmas-day, or Good Friday shall intervene ; and the place of their meeting and sitting shall be s^me convenient room or place adjacent to the house of commons, properly prepared for that purpose. Members chosen s. 31. And be it enacted, That on the parties withdrawing not to depart Ull aforesaid, the house shall continue sitting, and the said mittee is fixed, thirty-three members so chosen by lot shall not depart the house till the time for the meeting of such select committee shall be fixed. When several petitions are taken into consi- deration, parties may reduce lists between the bal- lots, and commit- tee may leave. If more than tvVo parties on dis- tinct interests, each party to strike off the name of a mem- ber from the 33 successively un- til reduced to eleven. s. 32. And be it enacted. That if two or more such peti- tions are to be taken into consideration on the same day, it shall be lawful for the parties, their counsel or agents, to withdraw from the house as soon as the list of thirty-three names shall have been drawn, in order to form the committee for the trial of such petition respectively, and for the clerk appointed to attend the said committee to return the reduced list in the time intervening between any two ballots ; and the members remaining upon any of the said reduced lists shall be sworn at the table, and shall be at liberty forthwith to depart from the house. s. 33. And be it enacted, That if, on a complaint of peti- tion of an undue election or return, there shall be more than two parties before the house on distinct interests, or com- plaining or complained of upon distinct grounds, whose right to be elected or returned may be affected by the determination of any such select committee, each of the said parties shall successively strike off a member from the thirty-three mem- bers chosen by lot, until the same number be reduced to eleven, in the same manner as is hereinbefore directed for the Regulations for the trials of the merits of peti- tions where no opposing party appears. striking off of a member by each party, and the list of the ; thirty-three members chosen by lot shall for this purpose be , given to all the said parties, and the order in which the said parties shall so strike off the said members shall be deter- [ mined by lot after they are withdrawn from the bar, and in like manner shall be determined the order in which the parties ji in petitions complaining of the same double return shall strike off i the said members; and the eleven members remaining on the I said reduced list shall be sworn at the table, and be a select 1 committee for the purposes aforesaid. li s. 34. And be it enacted. That if within one hour after the | time appointed for taking any petition complaining of an un- j due election or return, or omission to make a return, into I consideration, the sitting member or sitting members, or other party opposing the petition, shall not appear, by him- i self or themselves, or his or their counsel or agents, or if | at the time so appointed as aforesaid there shall be no party i before the house opposing such petition, or any petition touch- !, ing a right of election, the house shall proceed to appoint a i select committee to try the merits of such petition, in the j following manner ; (that is to say,) that the names of the ^ thirty-three members shall be drawn in the manner I hereinbefore prescribed ; but in reducing the list of such name I PART IV.] 9 Geo. IV. c. 22. S27 to eleven the place of the party opposing the petition shall be supplied by the clerk appointed to attend the said committee, who shall as often as it shall come to his turn, as supplying the place of such party, strike out that name which then shall be first on the said list. s. 35. And be it enacted, That the same method of re- Reducing lists ducing the list of members drawn to eleven shall be followed when any party whenever any party shall waive his right of striking off names waive his from the said list. s. 36. And be it enacted. That if the returning officer or Manner of pro. officers by whom any return ought to have been made or has been made shall attend the house when any petition complain- who have been’ ing of any undue election or return, or omission to make ^ return, is ordered to be taken into consideration in conse- pear*;^ ^ quence of such order and notice as is hereinbefore described, and in the case there shall be more petitions than one pre- sented on distinct interests, or complaining upon different grounds, the house shall determine, from the nature of the case, whether the returning officer or officers, his or their counsel or agents, shall, together with such petitioners, be entitled to strike off from the list of members drawn by lot, in the manner hereinbefore directed in cases where there shall be more than two parties before the house, or whether such list shall be reduced by the parties severally presenting such petitions only ; and if such officer or officers cannot be found when returning to be served with such notice or order, or being served, shall officers do not not appear, by himself or themselves, his or their counsel or agents, at the day and time appointed for taking such petition into consideration, the house may permit or authorize any per- son to appear in the stead of him or them, and in like man- ner shall decide whether the person so nominated or appointed to appear in the place of such returning officer or officers shall be entitled to strike off from the said list of thirty-three members so drawn by lots as aforesaid, as it might do in case the returning officer or officers had appeared. • s. 37. And be it enacted. That every such select committee Committee w shall on their meeting elect a chairman ; and if in the elec- * chairman, tion of a chairman there be an equal number of voices, the member whose name was first drawn in the house shall have a casting voice ; so likewise, in case there should ever be occasion for electing a new chairman, on the death or neces- sary absence of the chairman first elected. s. 38. And be it enacted. That every such committee shall Committees to be or may be attended by a person well skilled in the art of writ- short^hand^ ^ ing short-hand, who shall be specially appointed by the clerk writer, of the house of commons for the time being, and sworn by the chairman faithfully and truly to take down, in short- hand, the evidence adduced before such committee, and from I day to day, as occasion may require, to transcribe or cause j the same to be transcribed, in words at length, for the use of ' such committee. s. 39. And be it enacted. That every such select commit- Committee em- tee shall have power to send for persons, papers, and records, For'and examfne 328 9 Geo. IV. c. 22, [appendix I. persons, papers, and records. Witnesses mis- behaving may be reported to the house, and com- mitted to the custody of the Serjeant at arms. Committee to decide, and to re- port their deci- sion to the house, &c. Decision to be final, except in certain cases. Committee to re- port whether the petition or oppo- sition to it is fri- volous or vexa- tious, or whether the return is vex- atious or cor- rupt. Committees may report their de- terminations on other matters to the house. and to examine any person who may have subscribed the peti- tion which such select committee shall have been appointed to try and determine, except it shall otherwise appear to such comniittee that such person is an interested witness, and shall examine all the witnesses who come before them upon oath ; and if any person summoned by such select committee, or by the warrant of the speaker of the house of commons, shall disobey such summons, or if any witness before such select committee shall give false evidence, or prevaricate, or shall otherwise misbehave in giving or refusing to give evidence, the chairman of such select committee, by their directions, may at any time during the course of their proceedings report the same to the house for the interposition of their authority, or censure, as the case may require, and may by a warrant under his hand, directed to the serjeant at arms attending the house of commons, or to his deputy or deputies, commit such person (not being a peer of the realm or lord of parliament) to the custody of the said serjeant, without bail or mainprize,' for any time not exceeding twenty-four hours, if the house shall then be sitting, and if not, then for a time not exceeding' twenty-four hours after the hour to which the house shall! then be adjourned. , s. 40. And be it enacted. That every such select commit- tee shall try the merits of the return or election, or both,, and shall determine, by a majority of voices of such select committee, whether the petitioners or the sitting members,, or either of them, be duly returned or elected, or whether the election be void, or whether a new writ ought to issue, which determination shall be final between the parties (except as is hereinafter provided for) to all intents and purposes; and the house, on being informed thereof by the chairman of the said select committee, shall order the same to be entered' in their journals, and give the necessary directions for con-j firming or altering the return, or for ordering a return to bei made, or for issuing a new writ for a new election, or for carrying the said determination into execution as the case^ may require ; and every such committee, at the same time: that they inform the house of their final determination on the merits of the petition which they were sworn to try, shall also report to the house whether such petition did or did not I appear to them to be frivolous or vexatious ; and in like man- I ner report with respect to every party who shall have ap- peared before them in opposition to such petition, whether the | opposition of such party did or did not appear to them to be frivolous or vexatious ; and if no party shall have appeared before them in opposition to such petition, they shall then report to the house whether such election or return, or such | alleged omission of a return, as shall be complained of in ; such petition, (according as the case may be,) did or did not ! j appear to them to be vexatious or coirupt. I s. 41. And be it enacted. That if any such select commit- | tee shall come to any resolution other than the determination I above mentioned, they shall, if they think proper, report the I PART IV.] 9 Geo. IV. c. 22. S29 same to the house for their opinion, at the same time that the chairman of such select committee shall inform the house of such determination, and the house may confirm or disagree with such resolution, and make such orders thereon as to them shall seem proper, s, 42. And be it enacted. That every such select commit- Committees not tee shall sit every day (Sunday, Christmas-day, and Grood Friday only excepted), and shall never adjourn for a longer hours, without time than twenty-four hours, unless a Sunday, Christmas-day, leave, &c. or Good Friday intervene, and in such case not for more than twenty- four, exclusive of such Sunday, Christmas-day, or Good Friday, without leave first obtained from the house, upon motion, and special cause assigned for a longer adjourn- ment ; and in case the house shall be sitting at the time to which such select committee is adjourned, then the busi- ness of the house shall be stayed, and a motion shall be made for a further adjournment, for any time to be fixed by the house : provided always, that if such select committee shall have occasion to apply or report to the house in relation to the adjournment of such select committee, the absence of the members thereof, or the non-attendance or misbehaviour of witnesses summoned to appear or appearing before them, and the house shall be then adjourned for more than twenty- four hours, such select committee may also adjourn to the day appointed for the meeting of the house. s. 43. And be it enacted. That no member of any such se- Committee-man lect committee shall be allowed to absent himself from the same without leave obtained from the house, or an excuse al- lowed by the house at the next sitting thereof, on special cause shown and verified upon oath ; and such select commit- tee shall never sit until all the members to whom such leave met.^ ^ ^ ^ has not been granted nor excuse allowed, are met ; and in On failure of case they shall not all meet within one hour after the time to ™ne hour^'S.^'^ which such select committee shall have been adjourned, a fur- journment to be ther adjournment shall be made, in the manner as before di- rected and reported, with the cause thereof, to the house. s. 44. And be it enacted, That the chairman of every such Chairman to re- select committee shall at the next meeting of the house al. Ire^to Ife * ways report the name of every member thereof who shall directed to at- have been absent therefrom without such leave or excuse as aforesaid, and such member shall be directed to attend the house at the next sitting thereof, and shall then be ordered to be taken into the custody of the serjeant at arms attending the house, for such neglect of his duty, and otherwise punish- ed or censured, at the discretion of the house, unless it shall appear to the house, by facts specially stated and verified upon oath, that such member was, by a sudden accident, or by necessity, prevented from attending the said select com- mittee. s. 45. And be it enacted. That if more than two members If more than two of any such select committee shall on any account be absent ^nt^^committee therefrom, such select committee shall adjourn in the manner to adjourn, 2e3 330 9 Geo. IV. c. 22. [appendix I. If any committee is reduced to less than nine by the non-attendance of its members, it shall be dis- solved, except as herein men- tioned. 4.2 Geo. a c. 106- When committee is deliberating-, the room to be cleared, &c. No determina- tion to be made by any committee unless the requi- site number of hereinbefore directed, and so from time to time until nine members are assembled, except as is hereafter provided. s, 46. And be it enacted. That in case the number of mem- bers able to attend any such select committee shall, by death or otherwise, be unavoidably reduced to less than nine, and shall so continue for the space of three sitting days, such se- lect committee shall be dissolved, and another chosen to try and determine the matter of such petition in manner afore- said ; and all the proceedings of such former select committee shall be void and of no effect : provided always, that whenever any such committee shall have sat for business fourteen days, not including those days on which they shall have adjourned on account of the absence of any member, nor inclnding Sun- day, Christmas day, or Good Friday, it shall and may be law- ful for them to proceed to business, if a number of members not less than eight be present ; and in such case the committee shall not be dissolved by reason of the absence of the members, unless the number of members able to attend the same shall, . by death or otherwise, be unavoidably reduced to less than eight, and shall so continue for the space of three sitting days; ' and whenever any such committee shall in like manner have I sat for business twenty-five days, or shall have directed any , commission to be issued for the examination of evidence in Ireland, under the provisions of an act passed in the forty- ^ second year of the reign of his late majesty, and intituled an ^ act for regulating the trial of controverted elections or returns , of members to serve in the united parliament for Ireland, it shall and may be lawful for them to proceed to business, if a number of members not less than seven be present ; and in such case the committee shall not be dissolved by reason of the absence of the members, unless the number of members able to attend the same shall, by death or otherwise, be un- avoidably reduced to less than seven, and shall so continue for the space of three sitting days. s. 47. And be it enacted, That whenever any such select committee shall think it necessary to deliberate among them- selves upon any question which shall arise in the course of trial, or upon the determination thereof, or upon any resolu- tion concerning the matter of the petition referred to them as aforesaid, as soon as such select committee shall have heard the evidence and counsel on both sides relative thereto, the room or place in which they shall sit shall be cleared, if they shall think proper, whilst the members of such committee consider thereof ; and all such questions, as well as such de- terminations, and all other resolutions, shall be by a majority of voices; and if the voices shall be equal, including the voice of such chairman, the chairman shall have a casting voice. s. 48. And be it enacted. That no determination shall be made by any such committee on any question whatsoever, save and except such as may arise in consequence of the absence of any member, unless the number of members hereinbefore PART IV.] 9 Geo. IV. c. 22. SSI required be present : provided always, that no member shall members are pre- be entitled to vote on the determination of any question, who has not attended during every sitting of such committee, ex- cept such at which the committee shall have met and adjourn- ed in manner hereinbefore directed, in consequence of the ab- sence of such member. s. 49. And be it enacted, That the oaths by this act directed ^ow F® to be taken in the house shall be administered by the said Jered &c. clerk or clerk assistant, and that the oaths directed by this act to be taken before any select commitee shall be administered by the clerk attending such select committee ; and that all persons who shall be guilty of such wilful and corrupt peijury in any evidence which they shall give before the house or such committee, in consequence of the oath which they shall have taken by the direction of this act, shall on conviction thereof incur and suffer the like pains and penalties to which any other person convicted of wilful and corrupt perjury is liable by the laws and statutes of this realm. s. 50. And be it enacted. That whenever any committee ap- When the merits pointed to try the merits of any such petition as aforesaid shall pend^o^ ques-^" be of opinion that the merits of such petition do wholly or in tions respecting part depend on any question or questions which shall be before c^commlt- them respecting the right of election for the county, city, tee to require borough, district of burghs, port, or, other place to which such petition shall relate, or respecting the right of choosing, no- rights, and to re- minating, or appointing the returning officer or returning offi- ^ort thereon, cers who is or are to make return of such election, the said committee in such case shall require the counsel or agents for the several parties, or if there shall be none such before them, shall then require the parties themselves, to deliver to the clerk of such committee statements in writing of the right of election, or of choosing, nominating,- or appointing returning officers, for which they respectively contend ; and the commit- tee shall come to distinct resolutions on such statements, and shall, at the same time that they report to the house their final determination on the merits of such petition, also report to the house such statement or statements, together with their judgment with respect thereto ; and such report shall there- upon be entered in the journals of the house, and notice there.- of shall be sent by the speaker to the sheriff or other returning officer of the place to which the same shall relate, and a true copy of such notice shall, by such sheriff or other returning officer, be forthwith affixed to the doors of the county hall or town hall, or of the parish church nearest to the place where such election has usually been held, and such notice shall also be inserted, by order of the speaker, in one of the two next London Gazettes. s. 51. And be it enacted. That whenever any such report be^fe Iwith respect to such rights, any or either of them, shall be Fente™to I made to the house, it shall and may be lawful for any person or persons, within six months next after the day on which such report has been report shall have been made to the house, or in case such six made on any 332 9 Geo. IV. c. 22. [appendix I. right of election. See. Notice of the time fixed for taking petitions into considera- tion to be insert- ed in the Gaz- ette, and sent to returning offi- cers, &c. Who may be ad- mitted parties to defend the right of election, &c. months shall end between the time when the present or any future parliament shall be dissolved or shall expire and the day on which the next parliament shall meet, or in case such six months shall expire during any recess, either by the pro- rogation of parliament or by the adjournment of the house of commons for fourteen days intervening between the day of adjournment and the day to which the house shall be so ad- journed, then within fourteen days next after the first day of the next parliament, or of the next session of the same parlia- ment, or of the next meeting of the house of commons, as the case may be, to petition the house to be admitted as a party or parties to oppose those rights, any or either of them, which shall have been deemed valid in the judgment of such committee ; and that such petition, when presented, shall be ordered by the house to lay on the table till such six months, or such fourteen days, as aforesaid, shall be expired ; and that within twenty-one sitting days after the expiration of such six months, or fourteen days, a day and hour shall be appointed, by the house for taking the same into consideration, so that the space of fourteen days at the least shall always intervene ‘ between the day on which such order shall be made and the; day appointed by the house for taking the same into consider-, atioii ; and such day and hour may from time to time be altered' as to the house shall seem fit ; and notices of such day and hour, and of such alteration thereof, shall be sent to the several^ persons who have petitioned the house respecting such rights, in like manner as is done in other cases : provided always, that if no such petition shall be so presented within the times above limited for presenting the same, the said judgment of such committee on such question or questions shall be held or | taken to be final and conclusive in all subsequent elections of; members of parliament for that place to which the same shall ; relate, and to all intents and purposes whatsoever ; any usage ' to the contrary notwithstanding. ; s. 52. And be it enacted. That whenever a day or hour shall be appointed by the house for taking any such petition into ‘ consideration, notice of such day and hour shall be inserted, by ■ order of the speaker, in one of the two next London Gazettes, ‘ and also shall be sent by him to the sheriff or other returning officer for the place to which such petition shall relate ; and a true copy of such notice shall, by the said sheriff or other re- turning officer, be forthwith affixed to the doors of the county hall or town hall, or of the parish church nearest to the place where such election has usually been held. s. 53. And be it enacted, That it shall and may be lawful for any person or persons, at any time before the day so ap- pointed for taking such petition into consideration, to petition i the house to be admitted as a party or parties to defend such i right of election, or of choosing, nominating or appointing the | returning officer or officers ; and such person or persons shall i hereupon be so admitted, and shall be considered as such to all intents and purposes whatever. PART IV.] 9 Geo. IV. c. 22. 333 s. 54. And be it enacted, That at the hour appointed by the house for taking such petition into consideration, the house shall proceed to appoint a select committee to try the merits thereof ; in the same manner as select committees are herein- before by this act directed to be appointed : provided always, that if the name of any member shall be drawn who shall have served on the select committee whose determination forms the subject of complaint in the petition then about to be taken into consideration, the name of such member shall not be entered in the list of names drawn ; and such select committee shall be sworn to try and determine the merits of such petition, so far as the same relate to any question or questions respecting the right of election for the place to which the petition shall relate, or respecting the right of appointing, nominating, or choosing the returning officer or returning officers who are to make return of such election ; and the determination of such committee on such question or questions shall be entered in the journals of the house, and shall be held and taken to be final and conclusive in all subsequent elections of members of par- liament for that place to which the same shall relate, and to all intents and purposes whatsoever; any usage to the contrary notwithstanding. s. 55. And be it enacted. That all and every the rules, regu- lations, authorities, or powers prescribed and given by this act to select committees for the trial of controverted elections or returns, shall be in full force and effect with respect to select committees hereby appointed for the trial of such question or questions of right as aforesaid : Provided always, that the several rules and regulations hereinbefore mentioned, by which certain persons are directed to enter into recogni- zances, and by which certain persons are made liable to the payment of costs, in the particular manner and in the several cases hereinbefore specified, shall not be construed to apply to the case of any petition presented to oppose or defend the deter- mination of any select committee on any question or ques- tions respecting the right of election, or of choosing, no- minating, or appointing a returning officer or returning officers. s. 56. And be it enacted, That whenever it shall happen that parliament shall be prorogued, after any petition com- plaining of an undue election or return, or of the omission to return, shall have been presented, but shall not have been taken into consideration, the house shall, within two days after the next meeting of parliament, appoint a day and hour for taking the same into consideration ; and if the parliament shall be prorogued while any select committee appointed under the authority of this act shall be sitting for the trial of any such petition as aforesaid, and before they shall have reported to the house their determination thereon, such committee shall not be dissolved by such prorogation, but shall be thereby adjourned to twelve of the clock on the day immediately following that on which parliament shall meet again for the Committees of appeal how to be appointed ; their determina- tion to be final. Powers and re- gulations given to other election committees to extend to appeal committees. Committees not dissolved by the prorogation of parliament, &c. SS4 Cost§ when in- curred hy peti- tioners, Icc. Costs, when in* curred by par- ties opposing- petitions, &c. Costs, when in- curred where no party appears to oppose a petition, &c. Costs how to be nsccrtained. 9 Geo. IV. c. 22. [appei^dix t. dispatch of business ( Sundays, Good Friday, and Christmas^ day always excepted ;) and all former proceedings of such committee shall remain and continue to be of the same force and eiiect as if parliament had not been so prorogued: and ^eet on the day and hour to which it shall be so adjourned, and shall thenceforward continue to sit trom day to day, in the manner hereinbefore provided, until they shall have reported to the house their determination on the merits of such petition. s. 57. And be it enacted, That whenever any committee appointed to consider the merits of any petition complaining or an undue election or return, or of the omission to return any member or members to parliament, shall report to the house with respect to any such petition (except as hereinbe- fore excepted), that the same appeared to them to be frivo- lous or vexatious, the party or parties, if any, who shall have appeared before the committee in opposition to such petition, shall be entitled to recover from the person or per- them, who shall have signed such petition, the fuH costs and expenses which such party or parties shall ‘ have incurred in opposing the same, such costs and expenses : to be ascertained in the manner hereinafter directed. , s, 58. And be it enacted. That whenever such committee shall report to the house, with respect to the opposition made to such petition by any party or parties who shall have appear- ] ed before them, that such opposition appeared to be frivolous or vexatious, the person or persons who shall have signed such petition shall be entitled to recover from such party or parties, or any of them, with respect to whom such report shall be made, the full costs and expenses which such petitioner or petitioners shall respectively have incurred in prosecuting their petition, such costs and expenses to be ascertained in the man- ner hereinafter directed. s. 59. And be it enacted, That whenever no party shall i have appeared before any such committee in opposition to such ‘ , petition, and such committee shall report to the house, with respect to the election or return, or to the alleged omission of a return, or to the alleged insufficiency of a return, complained of in any such petition, that the same appeared to them to be vexatious or corrupt, the person or persons who shall have signed such petition shall be entitled to recover from the sitting member or sitting members (if any) whose election or return shall be complained of in such petition (such sitting member or sitting members not having given notice as afore- said of his or their intention not to defend the same), or from any other person or persons whom the house shall have ad- mitted or directed to be made a party or parties to oppose such petition, the full costs and expenses which such peti- tioner or petitioners shall have incurred in prosecuting their petition ; such costs and expenses to be ascertained in the manner hereinafter directed. 8. 60. And be it enacted. That the costs and expenses of PART IV.] 9 Geo. IV. c. 22 . 335 prosecuting or opposing any petition presented under the pro- visions of this act, and the costs and expenses, and fees which shall be due and payable to any witness summoned to attend before such committee, or to any clerk or officer of the house of commons, upon the trial of any such petition, shall be ascertained in manner following ; (that is to say,) that on application made to the speaker of the house of commons within three months after the determination of the merits of such petition, by any such petitioner, party, witness, or offi- cer, as before mentioned, for ascertaining such costs, ex- penses, or fees, the speaker shall direct the same to be taxed by two persons, of whom the clerk or one of the clerks assist- ant of the house shall always be one, and one of the follow- ing officers, not being a member of the house, shall be the other ; (that is to say,) masters in the high court of chancery, clerks in the court of king’s bench, prothonotaries in the court of common pleas, and clerks in the court of exchequer ; and the persons so authorized and directed to tax such costs, expenses, and fees shall and they are hereby required to exa- mine the same, and to report the amount thereof, together with the name of the party liable to pay the same, to the speaker of the said house, who shall, upon application made to him, deliver to the party or parties a certificate, signed by himself, expressing the amount of the costs, expenses, and fees allowed in such report, together -with the name of the party liable to pay the same ; and the persons so appointed to tax such costs, expenses, and fees, and report the amount thereof, are hereby authorized to demand and receive for such taxation and report such fees as shall be from time to time fixed by any resolution of the house ; and such certificate so signed by the speaker shall be conclusive evidence of the amount of such demands, in all cases and for all purposes whatsoever ; and the witness, officer, or party claiming under the same shall, upon payment thereof, give a receipt at the foot of such certificate, which shall be a sufficient discharge for the same. s. 61. And be it enacted. That in all cases the persons hereinbefore authorized and directed by the speaker of the house of commons to tax such costs and expenses shall allow all reasonable costs as betAveen attorney and client. s. 62. And be it enacted. That each of the persons so au- thorized as aforesaid by the speaker of the house of commons to tax such costs, expenses, or fees, and also any master of the high court of chancery, or any of his majesty’s justices of the peace, shall be, and they and each of them are hereby authorized and empowered to take any affidavit relative to such costs, expenses, or fees, or the taxation or non-payment thereof, and to administer the oath for taking such affidavit ; and all and every person convicted of wilfully false swearing ^ in any affidavit authorized to be made by this act shall be deemed guilty of and suffer the penalties on persons convicted of wilful and corrupt peijury. Costa to be taxed. Persons appoint- ed to tax costs empowered to take affidavits. 336 9 Geo. IV. c. 22. [appendix I. Costs how to be recovered. Speaker's certi- ficate to have effect of a war- rant to confess judgment. Persons paying costs may reco- ver a proportion thereof from other persons liable thereto. Recognizances, when to be es- treated, &c. s. 63. And be it enacted, That it shall and may be lawful for the party or parties entitled to such costs and expenses, or for his, her, or their executors or administrators, to demand the whole amount thereof, so certified as above, from any one or more of the persons respectively who are hereinbefore made liable to the payment thereof in the several cases here-, inbefore mentioned ; and in case of non-payment thereof to recover the same by action of debt in any of his majesty’s courts of record at Westminster, in which action it shall be suf- ficient for the plaintiff or plaintiffs to declare that the defendant or defendants is or are indebted to him or them in the sum to which the costs and expenses, ascertained in manner aforesaid, shall amount, by virtue of this act; and the certificate of such amount, so signed as aforesaid by the speaker, shall have the force and effect of a warrant to confess judgment ; and the court in which such action shall be commenced shall, upon motion, and on the production of such certificate, enter up judgment in favour of the plaintiff or plaintiffs named in such certificate, for the sum specified therein to be due from the defendant or defendants in such action, in like manner as if the said defendant or defendants had signed a warrant to confess judgment in the said action to that amount. s. 64. And be it enacted, That in every case where the amount of such costs and expenses shall have been so reco- vered from any person or persons, it shall and may be lawful for such person or persons to recover, in like manner, from the other persons, or any of them (if such there shall be), who are liable to the payment of the same costs and expenses, a proportionable share thereof, acording to the number of per- sons so liable. s. 65. And be it enacted. That if any petitioner or peti- tioners who shall have entered into such recognizance as afore- said shall neglect or refuse, for the space of seven days after demand, to pay to any witness who shall have been summoned on his or their behalf, before the house or such select commit- tee, on the trial of such petition, the sum so certified as afore- said by the speaker to be due to such witness, together with the further sum of forty shillings per diem for every day during which such petitioner or petitioners shall delay to satisfy the same ; or if such petitioner or petitioners shall neglect or refuse, for the space of six months after demand, to pay to any officer of the house, or to any party who shall appear in opposition to the said petition, the sum so certified by the speaker as afore- said to be due to such officer or party, for their fees, costs, or expenses, and that such neglect or refusal shall be proved to the speaker’s satisfaction, by affidavit sworn before any master of the high court of chanceiy (and such master is hereby authorized to administer such oath, and is authorized and re- quired to certify such affidavit under his hand), in every such case such person or persons shall be held to have made de- fault in his or their 'Said recognizance ; and the speaker of the house of commons shall thereupon certify such recognizance i \ PART IV.] 9 Geo. IV. c. 22. 337 into the court of exchequer, and shall also certify that such person or persons have made default therein ; and such certifi- cate shall be conclusive evidence of such default ; and the re- cognizance, being so certified, shall have the same effect as if the same were estreated from a court of law : Provided always, that such recognizance and certificate shall in every such case be delivered by the clerk or one of the clerks assistant of the house of commons into the hands of the lord chief baron of the exchequer, or of one of the barons of the exchequer, or of such officer as shall be appointed by the said court to receive the same. s. 66. And be it enacted. That if any sheriff or other re- Returning officer turning officer or officers shall wilfully delay, neglect, or refuse duly to return any person who ought to be returned to serve in tufn^any persons parliament for any county, city, borough, district of burghs, duly elected, port, or place within Great Britain, every such person may, in case it shall have been determined by a select committee ap- pointed in the manner hereinbefore directed, that such person was entitled to have been returned, sue the sheriff or other offi- cer or officers having so wilfully delayed, neglected, or refused duly to make such return at his election, in any of his majesty’s courts of record at Westminster, or of his court of session in Scotland, and shall recover double the damages he shall sus- tain by reason thereof, together with full costs of suit, provided such action is commenced within one year after the commission of the act on which it is grounded, or within six months after the conclusion of any proceedings in the house of commons relating to such election. . s. 67. And be it enacted, That this act shall commence and Commencement take effect from and after the last day of the present session of parliament. Form of Recognizance referred to in this Act. Be it remembered. That on the day of in the year of our Lord before me A. B, (speaker I of the house of commons) or (one of his majesty’s justices of the peace for the county of ) came C. D., E. F., and J. G. ( H. K, and L. M. ) and severally acknowledged themselves to owe to our sovereign lord the king the following sums ; that is to say, the said C. D. the sum of one thousand pounds, and (the said E. F. and the said J. G. the sum of five hundred pounds each) [or, in case there should he four sureties, I the said E. F., J. G., H. K., and Z. M. the sum of two hun- dred and fifty pounds each] ; to be levied on their respective goods and chattels, lands, and tenements, to the use of our said ( sovereign lord the king, his heirs and successors, in case the said C. jD. shall fail in performing the condition hereunto an- nexed: The condition of this recognizance is, That if the said C. D. I shall well and truly pay all costs, and expenses, and fees, which shall be due and payable from the said C, D. to any witness 2 / ms 10 Geo. IV. c. 7. [appendix who shall be summoned to give evidence in his behalf, or t( any clerk or officer of the house of commons, upon the trial o the petition signed by the said C. D. (complaining of anundu< election or return for the [here state the place],) or (complain- ing that no return has been made for the said withii the time limited by act of parliament), or (complaining tha: the return made for the said is not a return of i member or members, according to the requisition of the writ) and if the said C. D, shall also well and truly pay the costs and expenses of the party who shall appear before the hous( in opposition to the said petition, in case the said C. D, shal fail to appear before the house at such time or times as shall b< fixed by the house for taking such petition into consideration or in case the said C, D. shall withdraw his said petition b] the permission of the house ; or in case the select committee appointed by the house to try the matter of the said petitioi shall report to the house that the said petition appears to then to be frivolous or vexatious ; then this recognizance to be void otherwise to be of full force and effect. No. 177.-10 Geo. IV. c. 7. An Act for the Relief of His Majesty's Roman Catholh Subjects. A. G. 1829. ? Whereas by various acts of parliament certain restraint; and disabilities are imposed on the Roman Catholic subjects of his majesty, to which other subjects of his majesty are no; liable : and whereas it is expedient that such restraints anf disabilities shall be from henceforth discontinued : and wherej^^ by various acts certain oaths and certain declarations, comj monly called the declaration against transubstantiation, an| the declaration against transubstantiation and the invocatioi of saints and the sacrifice of the mass, as practised in th. church of Rome, are or may be required to be taken, made and subscribed by the subjects of his majesty, as qualification! for sitting and voting in parliament, and for the enjoyment o certain offices, franchises, and civil rights : Be it enacted b] the king’s most excellent majesty, by and with the advice am consent of the lords spiritual and temporal, and commons, ii this present parliament assembled, and by the authority o ^dlratfoS^ same, That from and after the commencement of thii against transub- act all such parts of the said acts as require the said declara- stantiation, re- tions, or either of them, to be made or subscribed by any o ® ‘ his majesty’s subjects, as a qualification for sitting and voting in parliament, or for the exercise or enjoyment of any office franchise, or civil right, be and the same are (save as herein- after provided and excepted) hereby repealed. Roman Catholics s. 2. And be it enacted. That from and after the corn- may sit and vote mencement of this act it shall be lawful for any person pro- 10 Geo. IV. c. 7. 339 I PART IV.] j fesssing the Roman Catholic religion, being a peer, or who in parliament shall after the commencement of this act be returned as a member of the house of commons, to sit and vote in either house of parliament respectively, being in all other respects duly qualified to sit and vote therein, upon taking and sub- scribing the following oath, instead of the oaths of allegiance, supremacy, and abjuration ; “ I, A. JB., do sincerely promise and swear, that I will be faithful and bear true allegiance to his majesty King George the Fourth, and will defend him to the utmost of my power against all conspiracies and attempts whatever, which shall be made against his person, crown, or dignity ; and I will do my utmost endeavour to disclose and make known to his majesty, his heirs and successors, all treasons and traitorous conspira- cies which may be formed against him or them : And I do faithfully promise to maintain, support, and defend, to the utmost of my power, the succession of the crown, which succession, by an act, intituled, < An Act for the further limi- tation of the crown, and better securing the rights and liber- ties of the subject' is and stands limited to the Princess Sophia, Electress of Hanover, and the heirs of her body, being Pro- testants ; hereby utterly renouncing and abjuring any obedi- ence or allegiance unto any other person claiming or pretend- ing a right to the crown of this realm ; and 1 do further declare, that it is not an article of my faith, and that I do renounce, reject, and abjure the opinion, that princes excom- municated or deprived by the pope, or any other authority of the See of Rome, may be deposed or murdered by their sub- jects, or by any person whatsoever : And I do declare, that I do not believe that the pope of Rome, or any other foreign prince, prelate, person, state, or potentate, hath or ought to have any temporal or civil jurisdiction, power, superiority, or pre-eminence, directly or indirectly, within this realm. I do swear, that I will defend to the utmost of my power the set- tlement of property within this realm, as established by the . laws : and I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment as ’ settled by law within this realm ; and I do solemnly swear, that I never wfill exercise any privilege to which I am or may become entitled, to disturb or weaken the Protestant religion or Protestant government in the united kingdom: and I do solemnly, in the presence of God, profess, testify, and declare, that I do make this declaration, and every part thereof, in the plain and ordinary sense of the words of this oath, with- out any evasion, equivocation, or mental reservation what- soever. So help me God.” I s. 3. And be it further enacted. That wherever in the oath The name of the toereby appointed and set forth, the name of his present ma- Ijesty is expressed or referred to, the name of the sovereign of oath. I this kingdom for the time being, by virtue of the act for the ' further limitation of the crown and better securing the rights and liberties of the subject, shall be substituted from time to time, with proper words of reference thereto. 340 10 Geo. IV. c. 7. [appendix I No Roman Ca- tholic capable of sitting- or voting until he has taken the oath. Roman Catholics may vote at elec- tions, and be elected, upon taking the oath. Oath shall be ad- ministered in the same manner as former oaths. Persons adminis- tering oaths at elections to take s. 4. Provided always, and be it further enacted, That m peer professing the Roman Catholic religion, and no persoi professing the Roman Catholic religion, who shall be returne< a member of the house of commons after the commencemen of this act, shall be capable of sitting or voting in either hous< of parliament respectively, unless he shall first take and sub scribe the oath hereinbefore appointed and set forth, befon the same persons, at the same times and places, and in th( same manner as the oaths and the declaration now requirec by law are respectively directed to be taken, made, and sub- scribed; and that any such person professing the Romai Catholic religion,, who shall sit or vote in either house o parliament, without having first taken and subscribed, in th( manner aforesaid, the oath in this act appointed and set forth shall be subject to the same penalties, forfeitures, and disabb lities, and the offence of so sitting or voting shall be followec and attended by and with the same consequences, as are bj law enacted and provided in the case of persons sitting oi voting in either house of parliament respectively, withou; the taking, making, and subscribing the oaths and the decla ration now required by law. s. 5. And be it further enacted. That it shall be lawful foi persons professing the Roman Catholic religion to vote a1 elections of members to serve in parliament for England anc for Ireland, and also to vote at the elections of representative peers of Scotland and of Ireland, and to be elected sucl, representative peers, being in all other respects duly qualified; upon taking and subscribing the oath hereinbefore appointee and set forth, instead of the oaths of allegiance, supremacy, and abjuration, and instead of the declaration now by law required, and instead also of such oath or oaths as are novi by law required to be taken by any of his majesty’s subject( professing the Roman Catholic religion, and upon taking als^ such other oath or oaths as may now be lawfully tendered t^‘ any person offering to vote at such elections. s. 6. And be it further enacted. That the oath hereinbev fore appointed and set forth shall be administered to his ma-; jesty’s subjects professing the Roman Catholic religion, for the purpose of enabling them to vote in any of the cases aforesaid, in the same manner, at the same time, and by the same officers or other persons as the oaths for which it is hereby substituted are or may be now by law administered ; and that in all cases in which a certificate of the taking, making, or subscribing of any of the oaths or of the declara- tion now required by law is directed to be given, a like certi- ficate of the taking or subscribing of the oath hereby appointed and set forth shall be given by the same officer or other person, and in the same manner as the certificate now required by law is directed to be given and shall be of the like force and effect. 7. And be it further enacted. That in all cases where the persons now authorized by law to administer the oaths of PART IV.] 10 Geo. IV. c. 7. 341 allegiance, supremacy, and abjuration to persons voting at elections, are themselves required to take an oath previous to their administering such oaths, they shall, in addition to the oath, now by them taken, take an oath for the duly adminis- tering the oath hereby appointed and set forth, and for the duly granting certificates of the same. s. 8. And whereas in an act of the parliament of Scotland, made in the eighth and ninth session of the first parliament of King William III., intituled, ‘ An act for the preventing the growth of Popery,’ a certain declaration or formula is therein contained, which it is expedient should no longer be required to be taken and subscribed : Be it therefore enacted, That such parts of any acts as authorize the said declaration or formula to be tendered, or require the same to be taken, sworn, and subscribed, shall be and the same are hereby re- pealed, except as to such offices, places, and rights as are here- inafter excepted ; and that from and after the commencement of this act it shall be lawful for persons professing the Roman Catholic religion to elect and be elected members to serve in parliament for Scotland, and to be enrolled as freeholders in any shire or stewartry of Scotland, and to be chosen commis- sioners or delegates for choosing burgesses to serve in parlia- ment for any districts of burghs in Scotland, being in all other respects duly qualified, such persons always taking and sub- scribing the oath hereinbefore appointed and set forth, instead of the oaths of allegiance and abjuration as now required by law, at such time as the said last-mentioned oaths, or either of them, are now required by law to be taken. s. 9. And be it further enacted. That no person in holy orders in the church of Rome shall be capable of being elected to serve in parliament as a member of the house of commons ; and if any such person shall be elected to serve in parliament as aforesaid, such election shall be void ; and if any person, being elected to serve in parliament as a member of the house of commons shall, after his election, take or receive holy or- ders in the church of Rome, the seat of such shall immedi- ately become void ; and if any such person shall in any of the cases aforesaid, presume to sit or vote as a member of the house of commons, he shall be subject to the same penalties, forfeitures, and disabilities as are enacted by an act passed in the forty-first year of the reign of king George the third, in- tituled, An Act to remove doubts respecting the eligibility of persons in holy orders to sit in the house of commons ; and proof of the celebration of any religious service by such per- son, according to the rights of the church of Rome, shall be deemed and taken to be primd facie evidence of the fact of such person being in holy orders, within the intent and mean- ing of this act. s. 10. And be it enacted, That it shall be lawful for any of his majesty’s subjects professing the Roman Catholic reli- gion to hold, exercise, and enjoy all civil and military offices and places of trust or profit under his majesty, his heirs or 2/3 an oath duly to administer. So much of any acts as require the formula con- tained in 8 & y Will 3. c. 3. (S.) to be tendered or taken, repealed. Roman Catholics may elect and be elected members for Scotland. No Roman Ca- tholic priest to sit in the house of commons. Roman Catholic* may hold civil and military of- fices under his majesty, with certain excep- tions. 342 10 Geo. IV. c. 7. [appendix I. Not to exempt Roman Catholics from taking any other oaths re- quired. Offices withheld from Roman Catholics. Nothing herein to repeal 7 Geo. 4, c. 72. Roman Catholics may be members of lay corpora- tions. {Such members of corporations not to vote in eccle- siastical appoint- ments. successors, and to exercise any other franchise or civil right, except as hereinafter excepted, upon taking and subscribing, at the times and in the manner hereinafter mentioned, the oath hereinbefore appointed and set forth, instead of the oaths of allegiance, supremacy, and abjuration, and instead of such other oath or oaths as are or may be now by law required to be taken for the purpose aforesaid by any of his majesty’s sub- jects professing the Roman Catholic religion. s. 11. Provided always, and be it enacted. That nothing herein contained shall be construed to exempt any person pro- fessing the Roman Catholic religion from the necessity of taking any oath or oaths, or making any declaration, not hereinbefore mentioned, which are or may be by law required to be taken or subscribed by any person on his admission into any such office or place of trust or profit as I aforesaid. s. 12. Provided also, and be it further enacted. That no- , thing herein contained, shall extend or be construed to extend to enable any person or persons professing the Roman Catho- ‘ lie religion to hold or exercise the office of guardians and ; justices of the united kingdom, or of regent of the united , kingdom, under whatever name, style, or title such office may be constituted ; nor to enable any person, otherwise than as he is now by law enabled^ to hold or enjoy the office - of lord high chancellor, lord keeper or lord commissioner of the great seal of Great Britain or Ireland ; or the office of lord lieutenant,' or lord deputy, or other chief governor or governors of Ireland ; or his majesty’s high commissioner to the general assembly of the church of Scotland. s. 13. Provided also, and be it further enacted, That no- ; thing herein contained shall be construed to affect or alter any ; of the provisions of an act passed in the seventh year of his ' present majesty’s reign, intituled. An Act to consolidate and \ amend the laws which regulate the levy and application of \ church rates and parish cesses, and the election of church- \ wardens, and the maintenance of parish clerks in Ireland. \ s. 14. And be it enacted. That it shall be lawful for any of ' his majesty s subjects professing the Roman Catholic religion to be a member of any lay body corporate, and to hold any civil office or place of trust or profit therein, and to do any corporate act, or vote in any corporate election 'or other pro- ceeding, upon taking and subscribing the oath hereby appoint- ed and set forth, instead of the oaths of allegiance, supremacy, and abjuration ; and upon taking also such other oath or oaths as may now by law be required to be taken by any persons becoming members of such lay body corporate, or being ad- mitted to hold any office or place of trust or profit within the same. s. 15. Provided nevertheless, and be it further enacted, That nothing herein contained shall extend to authorize or empower any of his majesty’s subjects professing the Roman Catholic religion, and being a member of any lay body cor- PART IV.] 10 Geo. IV. c. 7. 343 porate, to give any vote at, or in any manner to join in the election, presentation, or appointment of any person to any ecclesiastical benefice whatsoever, or any office or place belong- ing to or connected with the united church of England and Ireland, or the church of Scotland, being in the gift, patro- nage, or disposal of such lay corporate body. s. 16. Provided also, and be it enacted, That nothing in this Not to extend to act contained shall be construed to enable any persons, other- e^abHshe^d wise than as they are now by law enabled, to hold, enjoy, or church, or eccle- exercise any office, place, or dignity of, in, or belonging to the universities col united church of England and Ireland, or the church of Scot- leg^es, or schools ; land, or any place or office whatever of, in, or belonging to \ any of the ecclesiastical courts of judicature of England and Ireland respectively, or any court of appeal from or review of the sentences of such courts, or of, in, or belonging to the commissary court of Edinburgh, or of, in, or belonging to any cathedral or collegiate or ecclesiastical establishment or foundation i or any office or place whatever of, in, or belonging to any of the universities of this realm ; or any office or place whatever, and by whatever name the same may be called, of, in, or belonging to any of the colleges or halls of the said uni- versities, or the colleges of Eton, Westminster, or Winches- ter, or any college or school within this realm ; or to repeal, abrogate, or in any manner to interfere with any local statute ordinance, or rule, which is or shall be established by compe- tent authority wdthin any university, college, hall, or school, by which Roman Catholics shall be prevented from being ad- mitted thereto, or from residing or taking degrees therein : provided also, that nothing herein contained shall extend or resenta be construed to extend to enable any person, otherwise than tionstobene- as he is now by law enabled, to exercise any right of presenta- tices. tion to any ecclesiastical benefice whatsoever ; or to repeal, vary, or alter in any manner the laws now in force in respect to the right of presentation to any ecclesiastical benefice. s. 17. Provided always, and be it enacted. That where any Proviso for pre- right of presentation to any ecclesiastical benefice shall belong to any office in .the gift or appointment of his ma,jesty, his nected with heirs or successors, and such office shall be held by a person offices, professing the Roman Catholic religion, the right of presen- tation shall devolve upon and be exercised by the archbishop of Canterbury for the time being. s. 18. And be it enacted. That it shall not be lawful for No Ptoman Ca- any person professing the Roman Catholic religion, directly or J}J”^j.yuwn^inThe indirectly, to advise his majesty, his heirs or successors, or any appointment to person or persons holding or exercising the office of guardians of the united kingdom, or of regent of the united kingdom, church. under whatever name, style, or title, such office may be consti- tuted, or the lord lieutenant, or lord deputy, or other chief governor or governors of Ireland, touching or concerning the appointment to or disposal of any office or preferment in the united church of England and Ireland, or in the church of Scotland ; and if any such person shall offend in the premises, 344 10 Geo. IV. c. 7. [appendix I. Time and man- ner of taking- oaths for corpo- rate offices. Time and man- ner of taking oaths for other offices. he shall, being thereof convicted by due course of law, be deemed guilty of a high misdemeanor, and disabled for ever from holding any office, civil or military, under the crown. s. 19. And be it enacted, That every person professing the Roman Catholic religion, who shall after the commencement of this act be placed, elected, or chosen in or to the office of mayor, provost, alderman, recorder, bailiff, town-clerk, magis- trate, councillor, or common councilman, or in or to any office of magistracy or place of trust or employment relating to the government of any city, corporation, borough, burgh, or dis- I trict within the united kingdom of Great Britain and Ireland, shall, within one calendar month next before or upon his ad- mission into any of the same respectively, take and subscribe the oath hereinbefore appointed and set forth, in the presence of such person or persons respectively as by the charters or usages of the said respective cities, corporations, burghs, boroughs, or districts, ought to administer the oath for due execution of the said offices or places respectively ; and in de- fault of such, in the presence of two justices of the peace, councillors, or magistrates of the said cities, corporations, burghs, boroughs, or districts, if such there be ; or otherwise in the presence of two justices of the peace of the respective counties, ridings, divisions, or franchises wherein the said cities, corporations, burghs, boroughs, or districts are ; which said oath shall either be entered in a book, roll, or other record to be kept for that purpose, or shall be filed amongst the records of the city, corporation, burgh, borough, or district. s. 20. And be it enacted, That every person professing the Roman Catholic religion, who shall after the commencement of this act be appointed to any office or place of trust or profit under his majesty, his heirs or successors, shall within three calendar months next before such appointment, or otherwise shall, before he presumes to exercise, or enjoy, or in any man- ner to act in such office or place, take and subscribe the oath hereinbefore appointed and set forth, either in his majesty’s high court* of chancery, or in any of his majesty’s courts of king’s bench, common pleas, or exchequer, at Westminster or Dublin', or before any judge of assize, or in any court of general or quarter sessions of the peace in Great Britain or Ireland, for the county or place where the person so taking and subscribing the oath shall reside ; or in any of his majesty’s courts of session, justiciary, exchequer, or jury court, or in any sheriff or stewart court, or in any burgh court, or before the magistrates and councillors of any royal burgh in Scotland, be- tween the hours of nine in the morning and four in the after- noon ; and the proper officer of the court in wdiich such oath shall be so taken and subscribed shall cause the same to be pre- served amongst the records of the court ; and such officer shall make, sign, and deliver a certificate of such oath having been duly taken and subscribed, as often as the same shall be de- manded of him, upon payment of two shillings and sixpence for the same ; and such certificate shall be sufficient evidence PART IV.] 10 Geo. IV. c. 7. 345 of the person therein named having duly taken and subscribed such oath. s. 21. And be it»enacted, That if any person professing the Penalty on acting Roman Catholic religion shall enter upon the exercise or en- takSg^the oath'^^ joyment of any office or place of trust or profit under his majesty, or of any other office or franchise, not having in the manner and at the times aforesaid taken and subscribed the oath hereinbefore appointed and set forth, then and in every such case such person shall forfeit to his majesty the sum of two hundred pounds ; and the appointment of such person to the office, place, or franchise so by him held shall become altogether void, and the office, place, or franchise shall be deemed and taken to be vacant to all intents and purposes whatsoever. s. 22. Provided always. That for and notwithstanding any Oaths by military thing in this act contained, the oath hereinbefore appointed naval offi. and set forth shall be taken by the officers in his majesty’s land and sea service, professing the Roman Catholic religion, at the same times and in the same manner as the oaths and declara- tions now required by law are directed to be taken, and not otherwise. s. 23. And be it further enacted. That from and after the No other oaths passing of this act no oath or oaths shall be tendered to or re- JakS^fey^ R^m^an quired to be taken by his majesty’s subjects })rofessing the Catholic. Roman Catholic religion, for enabling them to hold or enjoy any real or personal property, other than such as may by law be tendered to and required to be taken by Lis majesty’s other subjects; and that the oath herein appointed and set forth, being taken and subscribed in any of the courts, or before any of the persons above mentioned, shall be of the same force and effect, to all intents and purposes, as, and shall stand in the place of, all oaths and declarations required or prescribed by any law now in force for the relief of his majesty’s Roman Catholic subjects from any disabilities, incapacities, or penal- ties ; and the proper officer of any of the courts above men- tioned, in which any person professing the Roman Catholic religion shall demand to take and subscribe the oath herein appointed and set forth, is hereby authorized and required to administer the said oath to such person, and such officer shall make, sign and deliver a certificate of such oath having been duly taken and subscribed, as often as the same shall be de- manded of him, upon payment of one shilling ; and such cer- tificate shall be sufficient evidence of the person therein named having duly taken and subscribed such oath. s. 38. And be it further enacted. That all penalties imposed Penalties how to by this act shall and may be recovered as a debt due to his recovered, majesty, by information to be filed in the name of his majesty’s attorney-general for England or for Ireland, as the case may be, in the courts of exchequer in England or Ireland respec- tively, or in the name of his majesty’s advocate-general in the court of exchequer in Scotland, 346 10 Geo. ly. c. 8. [appendix I. 33 H. a (I.) ^ G.3. (I.) So much of 33 H. 8. as re- lates to the qua- lification of elec- tors for counties in Ireland^ re- pealed. No person to vote at any elec- tion of knight of the shire, unless he have a free, hold estate of 10/, a year. No. 178 — 10 Geo. IV. c. 8. An Act to amend certain Acts of the Parliament of Ireland re- lative to the Election of Members to serve in Parliament, and to regulate the Qualification of Persons entitled to vote at the Election of Knights of the Shire in Ireland, A. D. 1829. Whereas by an act of the parliament of Ireland, passed in the thirty-third year of the reign of king Henry the eighth, intituled, An act for the adjournment of the parliament, and the place to hold the same, and what persons shall he chosen knights and burgesses, it is amongst other things enacted, that every knight, citizen, and burgess for every parliament there- after within the realm of Ireland to be summoned, appointed, or holden, shall be chosen and elected by the greater number of the inhabitants of the said counties, cities, and towns, being present at the said election by virtue of the king’s writs for that intent addressed, and also that every elector of the said knights shall dispend and have lands and tenements of estate . of freehold within the said counties at the least to the yearly value of 40s. over and above all charges : and whereas by an act passed in the parliament of IrelarSl, in the thirty-fifth year ' of the reign of his late majesty king George the third, intituled, An act for regulating the election of members to serve in par- \ liament, and for repealing the several acts therein mentioned, ' and also by subsequent acts, persons having freehold estates * are required to register their freeholds in the manner therein | prescribed, in order to qualify them to vote at elections for members to serve in parliament for counties in Ireland : And whereas it is expedient to increase the amount of the qualifi- cation necessary to entitle persons to vote at such elections, and to amend the laws now in force in Ireland relating to the ( registry of freeholds ; 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 pre- , sent parliament assembled, and by the authority of the same, ' That from and after the commencement of this act that part ; of the said act of the thirty-third year of king Henry the eighth, hereinbefore recited, which relates to the amount or value of the freehold necessary to qualify persons to be electors of knights of the shire to serve in parliament for counties in Ireland, shall be and the same is hereby repealed. s. 2. And be it enacted. That from and after the commence- ment of this act no person shall be admitted to vote at any election of any knight of the shire to serve in the parliament of the united kingdom for any county in Ireland (save as hereinafter is provided), unless such person shall have an estate of freehold, in lands, tenements, or hereditaments in such county, of the clear yearly value of 10/. at the least, over and above all charges, except only public or parliamentary taxes, county, church, or parish cesses or rates, and cesses on any townland or division of any parish or barony. PART IV.] 10 Geo. IV. c. 8. 347 s. 3. And be it enacted. That from and after the com- Nor unless such mencement of this act no person shall be admitted to vote gol^a^^ear^be re^ any election of a knight of the shire to serve in the parliament ^istered accord-' of the united kingdom fOr any county in Ireland by virtue or to this act. in respect of any estate of freehold of less annual value than 20/. of the late currency of Ireland, unless such freehold shall be registered pursuant to the provisions of this act, save only as hereinafter provided. s. 4. And be it enacted. That after the commencement of A session for re- this act a^session for the purpose of registering freeholds within hoWs”o\?^^' this act shall be holden in and for each county in Ireland, by holden in each and before the assistant barrister of such county, on such days ^ays an’d^^lace? and at such places in each such county respectively as the lord as the lord lieu- lieutenant or other chief governor or governors of Ireland tenant shall ap. shall appoint ; and the clerk of the peace for each such county ‘ shall, forty days at the least before the day so appointed, cause to be posted in each market town therein notices, in the form specified in the first schedule to this act annexed, that such session, for the purpose of registering freeholds within this act, will be holden on the days and at the places so appointed, and that applications for that purpose will be then and there taken into consideration. s. 3. And be it enacted. That every person intending to Notice to be register a freehold at any such session shall give to the clerk or the peace tor the county, notice in writing of such inten- plications to re- tion thirty clear days at the least before the day appointed for gister. the holding of such session in the division of the county wherein such freehold is situate, and shall in such notice state, according to the form prescribed in the second schedule to this act annexed, his name and residence, the description of the lands, tenements, hereditaments, or rent-charge in respect of which such application is to be made, and whether he intends to register such freehold at the annual sum of twenty pounds or of ten pounds ; and the clerk of the peace of each county shall enter all such notices, according to the order in which he shall receive them, in a list in the form specified in the third schedule to this act annexed, and shall, fifteen days at least before the day appointed for holding such session, cause a copy of such list to be published in some newspaper printed in such county, or in case no newspaper shall be therein printed, then in some newspaper printed in any adjoining county : Provided always, that no such list for the session to be first holden shall be liable to any stamp duty as an advertisement. s. 6. And be it enacted. That at each such session the names of the persons contained in such lists shall be severally in a list, and pub- called by the clerk of the peace ; and each person so called, lish such list in a who shall claim to register any freehold at the annual sum of pr^f^dmgs at 20/. or of 10/., shall produce in open court before such assist- the session, ant barrister the deed, lease, or instrument, duly stamped, by virtue of which such person shall claim such freehold ; or in case he shall not claim by virtue of any deed, lease, or instru- 348 10 Geo. IV. c. 8. Assistant barris- ter to investig’ate the claim to re- g^ister. If the assistant barrister adj udg-e the claimant en- titled, he shall take the oath hereby pre- scribed. Certificate of registry • [appendix I. i ment, tlien such person shall otherwise establish his title to such freehold ; and such person shall also make it appear that a solvent and responsible tenant could afford to pay fairly and without collusion for the same the annual sum of 20/. or 10/., as the case may be, as an additional rent, over and above all charges, save such as are hereinbefore excepted, and over and above any rent to which the person so claiming to register such freehold may be liable in respect of the same. s. 7. And be it enacted, That such assistant barrister shall inspect and examine every deed, lease, or instrument so pro- duced, and investigate the title so made, as also the title which any claimant shall in any other manner seek to esta- blish, and shall determine whether the same is or is not suffi- cient to entitle the person claiming thereunder to an estate of freehold ; and shall also examine and inquire, as well by the oath of the person so claiming as by any evidence offered either in support of or in opposition to such claim, whether a solvent and responsible tenant could afford to pay fairly and ' without collusion, as an additional rent for such freehold, the annual sum of 20/. or 10/., as the case may be, over and' above all charges, save such as are hereinbefore excepted, and ; over and above any rent to which the person so claiming may ! be liable in respect of the same ; and shall also inquire by any of the means aforesaid into the truth of the several particulars ^ required to be stated in the oath hereinafter prescribed to be ' taken for the' registry of such freehold. s. 8. And be it enacted, That if it shall appear to such assistant barrister that the person so claiming is entitled to register such freehold at the annual sum, within the meaning of this act, at which he shall claim to register the same, such assistant barrister shall and may so adjudge ; and in such case the person so adjudged entitled shall, instead of the oath or ( oaths, affirmation or affirmations, now by law required in that i behalf, take and subscribe before such assistant barrister the i oath mentioned in the fourth schedule to this act annexed, where the freehold of such person shall be of the annual ! value of 20/., not arising from a rent-charge, and where the ; same shall arise from a rent-charge, then the oath prescribed in the fifth schedule to this act annexed, and where the same shall be of the value of 10/., then the oath prescribed in the sixth schedule to this act annexed. s. 9. And be it enacted, That the clerk of the peace shall thereupon, instead of the certificate of registry now by law required, deliver to the person so adjudged to be entitled a certificate, signed by such assistant barrister and by such clerk of the peace, stating that such person has duly regis- tered a freehold in the county within which the same shall be situate at the annual sum so proved as aforesaid, and reciting the oath of such person on w'hich such freehold has been registered, which certificate shall stand in place of and be of equal effect and authority, to all intents and purposes, as the certificate of registry now by law required. PART IV.] 10 Geo. IV. c. 8. 349 s. 10. And be it enacted, That eyery such oath shall be signed by the assistant barrister before whom the same shall be taken, and shall be by him delivered to the clerk of the peace, to be filed and kept amongst the records of the county ; and such assistant barrister is hereby required to take care that such oath shall be agreeable to the form hereby pre- scribed; and no objection in point of form shall at any time hereafter be allowed to any such oath when so signed. s. 11. And be it enacted. That in case it shall appear to such assistant barrister that the person claiming to register a freehold is not entitled to register the same, either in conse- quence of any objection to the deed, lease, or instrument so produced by him, or in consequence of any defect in the title to such freehold, or in consequence of insufficiency in the annual value of the freehold claimed, or in consequence of any objection relative to any of the matters to be stated in the oath hereby required to be taken for registering such freehold, such assistant barrister shall refuse to permit such person to register, and shall in that case make an order adjudging such person not to be entitled to register such freehold; and where any such order shall be founded upon insufficiency of value, it shall state such insufficiency as the ground of such order, or otherwise shall set forth the objec- tion by reason whereof such person is adjudged to be not entitled so to register such freehold : Provided always, that such order shall be without prejudice to any Yuture appli- cation to register such freehold which the person claiming the same shall think fit to make at any subsequent general or quarter sessions of the peace. s. 12. And be it enacted. That if any person against whose claim any such order shall be made on the ground of insuffi- ciency of value shall deem himself aggrieved thereby, it shall be lawful for such person to appeal therefrom to the judges of assize at the next assizes for the county within which the free^ hold which he claims to register shall be situate ; and such judges of assize, or one of them, are and is hereby empowered and required to try and inquire, by the verdict of a jury, whether the freehold is of the annual value, within the meaning of this act, at which the claimant seeks to register such free- hold ; and such jury shall be returned by the same officer and in the same manner in which juries are now returned in cases of appeal from the decrees of the assistant barrister on civil bills, and shall take the oath prescribed by the seventh sche- dule to this act annexed ; and if such jury shall give a verdict in favour of the claim to register, and the judge before whom I the same shall be tried shall consider such claim to be in other respects well founded, the order so complained of shall be [thereupon reversed. r s. 13. And be it enacted. That where any person against whose claim to register a freehold any order shall be made by the assistant barrister on any other ground than insufficiency of value shall consider himself aggrieved by such order, it ^9 Oath to be signed by the assistant barrister, and filed of record. If claimant not entitled to re- gister, the assist- ant barrister shall so adjudge, and and set forth the objection. If order ground- ed on insuffici- ency of value, claimant may re- quire a jury. Where registry is refused on any other ground, claimant may ap- peal to j udge of assize. 350 10 Geo. IV. c. 8. [appendix r. Proceedings in case of reversal of order. After the session shall be lawful for such person to appeal from such order to the judges of assize at the next assizes for the county , and such judges of assize, or one of them, shall have power, on motion, to review such order, and either to affirm or reverse the same, as shall he fit. s. ] 4. And be it enacted. That in every case in which any order of any assistant barrister shall upon appeal be reversed, the judge of assize before whom the same shall have been heard, shall thereupon cause such oath to be taken and sub- scribed, and such certificate to be given, and shall sign the same respectively, in like manner as the assistant barrister is herein-before required to do, and shall cause such acts to be performed by the clerk of the peace or his deputy, and such proceedings to be had, as are hereinbefore directed and required when any freehold is registered at any sessions before the as- sistant barrister ; and such oath and certificate, and such acts and proceedings, shall be of the like effect as if they had been taken, subscribed, given, performed, and had before the assistant barrister. 15. And be it enacted. That after the termination of the hereby directed, session hereby directed to be first holden in any county in Ire- | re^ls^ered^t^ registering freeholds, it shall and may be lawful quarter^sessions. for any person desiring to register a freehold in such county , to register the same at a civil bill court to be held at any r general or quarter sessions of the peace to be holden for such county, upon giving to the clerk of the peace a notice of his intention so to do, in the form hereinbefore provided, thirty clear days at the least before the day appointed for the holding of such general or quarter sessions in the division wherein such freehold shall be situate ; and the clerk of the peace shall in each such case proceed in all respects in the same man- ner as hereinbefore prescribed with relation to applications for registering freeholds at the first session for that purpose here- ■ by directed; and the assistant barrister of such county is hereby authorized and required to hear and determine such application at such general or quarter sessions in the same manner in all respects as is hereinbefore provided with respect to applications to register freeholds at the session for that pur- pose to be first holden under this act ; and thereupon the same proceedings shall and may be had, the like orders made, the like oaths taken, the like certificates granted, the like rights and powers of appeal enjoyed and exercised, and the like rules, regulations, enactments, matters, and things observed, per- formed, and followed, as if such application had been made at the first session for registering freeholds directed to be held under this act. Officers to attend be it enacted. That the sheriff of each county sessions for re- in Ireland, or his under-sheriff, and also the clerk of the peace for each such county, or his deputy, and the chief constable of the barony in which each and every such court of sessions shall be held, and such number of other constables as the as- PART IV.] 10 Geo. IV. c. 8. 351 sistant barrister shall deem sufficient, shall attend the court from day to day during the continuance of each such ses- sion. s. 17. And be it enacted, That every session to be held for Sessions for re- registering freeholds within this act shall be deemed a court of record ; and that it shall be lawful for every assistant bar- deemed a court rister before whom such court shall be held, from time to time, record, as there shall be occasion, to fine the clerk of the peace or his deputy, or the sheriff or subsheriff of the county in which such court shall be held, and any chief or petty constable shall respectively be guilty of any breach of duty in the execution of this act, in any sum not exceeding 5/., and at his discretion to fine in any sum not exceeding 40^. , or to commit to prison for any time not exceeding a fortnight, any person whatsoever who shall disturb the court so to be held by him for registering freeholds as aforesaid, or who shall he guilty of any other contempt of the said court. s. 18, And be it enacted. That any person who at the com- Persons register- mencement of this act shall be duly registered as a freeholder exempt in Ireland, and who shall register a freehold at the session fees, to be first holden in pursuance of this act, shall be exempt from the payment of any fee whatever for or in respect of such new registry. s. 19. And be it enacted. That the clerk of the peace shall Fee to clerk of be entitled to demand and have from every person claiming peace, to register a freehold under this act, save as hereinbefore excepted, the sura of 2s. Qd. and no more. s. 20. And be it enacted, That in every case where any oath Quakers or Mo- is by this act required to be taken, every person being a affirm!^ Quaker or Moravian may make affirmation in the form pre- scribed hereby for each such oath respectively, and that all provisions herein contained relative to any oath shall respec- tively extend and apply to every such affirmation. s. 21. And be it enacted. That if any person shall, in any False oath, oath or affirmation to be taken under this act, wilfully and perjury, corruptly swear or affirm falsely, such person shall be deemed guilty of perjury, and be liable to the same pains, penalties, and punishments as any pei'son is now liable to for wilful and corrupt perjury. s. 22. And be it enacted. That if any person shall forge or Forgery of counterfeit the signature of any judge, assistant barrister, or olth^feloiT*^ clerk of the peace, to any order, certificate, or any instrument * or writing purporting to be an order or a certificate within this act, or the signature of any person to any oath or affirma- tion within this act, or shall knowingly utter or publish as true and genuine any such forged or counterfeited order, cer- tificate, instrument, writing, oath, or affirmation, every person so offending shall be deemed guilty of felony, and shall be liable, at the discretion of the court before whom he shall be tried, to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, for any term not exceeding three years. 352 10 Geo. IV. c. 8. [appendix I. Penalty on per- sons refusing to give evidence. Persons register, ing at first ses- sion entitled to vote immediate- ly ; other per- sons after six months. Freeholders of 50^. may register under this act, or in the law courts. Where freeholds of 50/. or 20/. are registered prior to this act, no new registry re- quired. Registry con- trary to this act invalid. s. 23. And be it enacted, That if any person shall refuse to be sworn or to give evidence before any judge, assistant barrister, or jury, upon the investigation of any such claim as aforesaid, without sufficient lawful excuse, to be allowed by such judge or assistant barrister, it shall be lawful for such assistant barrister to order such person to pay a fine, not ex- ceeding 10/., to be applied to the use of the county infirmary or such charitable institution as the assistant barrister shall think fit, or in default thereof to commit such person to the gaol of the county for any term not exceeding two calendar months. s. 24. And be it enacted. That every person who shall duly register a freehold within this act at the first session herein- before mentioned shall be thereupon forthwith entitled to vote at any election to be held in and for the county for which such freehold shall be registered ; and that any person who shall at any time after such first session duly register a free- hold according to the provisions of this act shall be entitled to vote at any election to be held by virtue of any writ tested six calendar mont^hs at the least after such registry. . s. 25. And be it enacted. That it shall be lawful for any freeholder who may be entitled by law to register a freehold in any county in Ireland of the annual value of 50/., and who shall not before the passing of this act have registered such freehold, to register such freehold by taking and subscribing the oath mentioned in the fourth schedule to this act annexed, either before the assistant barrister at quarter sessions, or in any of the superior law courts of record in Dublin, or before a judge at the assizes, in manner now by law authorized ; and that the said oath shall be subscribed by the assistant bar- rister, or by one of the judges of the court before whom the same was taken, and being delivered to the clerk of the peace shall be signed by him and kept among the records of the county ; and each such freeholder shall thereupon be entitled to receive, at any quarter sessions of the peace for the divi- sion of the county in which his freehold shall be situate, a certificate of his having duly registered the same, which cer- tificate shall recite the oath taken and subscribed by such free- holder, and, being signed by the assistant barrister and clerk of the peace, shall be of equal validity and effect with any certificate to which such freeholder would now by law be entitled. s. 26. And be it enacted. That where any freehold shall have been duly registered as being of the value of 50/. or of 20/. respectively, the registry whereof shall at the commence- ment of this act be a valid and unexpired registry according to the provisions of any act now in force, it shall not be ne- cessary during the subsistence of such registry to register such freehold under the provisions of this act. s. 27. And be it enacted. That no registry hereafter to be made of any freehold shall be valid, unless made conformably to the provisions of this act. PART IV.] 10 Geo. IV. c. 8. 353 s. 28. And be it further enacted, That no person shall be admitted to vote at any election of a member or members to hold registered' serve in parliament by virtue of any freehold of less annual within eight value than 50/., registered under the provisions of this act, the unless he shall have registered the same within eight years preceding tho test of the writ for holding such election. s. 29. And be it enacted. That in case of any registry of Duties of clerk a freehold within this act, the clerk of the peace for each peace, county in Ireland shall keep the like books, make the like re- turns, and discharge and execute all other the like duties, matters, and things as he is now by law authorized, entitled, or required to do with respect to the registry of freeholds in* such county, save so far as is otherwise ordained by this act ; ^entsTn^force' and that all matters and things now by law authorized or re- save as hereby* quired for the due registration of such freeholds shall be in all altered, respects done, performed, observed, and fulfilled, and all pro- visions, penalties, orders, rules, regulations, and conditions relating to the registration of such freeholds, and contained in any act or acts now in force, shall be used, applied, and en- forced with respect to and shall be construed to extend to all freeholds to be registered under this act, as if the same had been herein enacted, save so far as is hereby otherwise pro- vided. s. 30. And be it enacted, That all laws now in force touch- L^wsin force re- ing the registering of freeholders in counties at large of the Bisecting the re- annual value of fifty pounds, twenty pounds, and forty shil- lings respectively, and touching the polling of persons quali- holders extended fied to vote at elections for such counties by virtue of such under freeholds, shall be and the same are hereby extended to free- ‘ holders of the annual value under this act of fifty pounds, twenty pounds, and ten pounds respectively, and that it shall be law'ful to substitute the words ten pounds for forty shillings in all matters relating to such freeholds, as circumstances may require. s. 31. And be it enacted. That in the county of Dublin all Freeholds in the freeholds to be registered under this act shall be registered be- county of Buhlin fore the chairman of the sessions for that county, in the same ed before the manner in all respects as before the assistant barrister in any chairman of the other county ; and such chairman shall have, exercise, per- sessions, form, and discharge every power, jurisdiction, right, autho- rity, duty and function hereby vested in or given to any such assistant barrister ; and in any case where an appeal is hereby allowed from the order of an assistant barrister to the judges of assize, the like power of appeal from any order of such chairman shall and may, in the case of any freehold in the county of Dublin, be exercised and enjoyed to any of his ma- jesty’s superior law courts of record in Dublin ; and the court to which any such appeal shall be made shall proceed with respect thereto in the same manner as any judge of assize is hereby authorized or required to proceed. s. 32. And be it enacted. That every enactment herein con- Enactments tained relative to any assistant barrister or judge of assize shall, to exTend^o^Wnf 2^3 354 10 Geo. IV. c. 8. [appendix I. Cork riding’s deemed counties. in the county of Dublin respectively, extend and apply to the chairman of the sessions of that county, and to his majesty’s superior law courts of record. s. 33. And be it enacted. That each riding in the county of Cork shall be deemed to be a county for the purposes of this act. Not to alter qua- s* 34. Provided always, and be it enacted, That nothing in lification of rent- this act contained shall extend or be construed to extend to c arger. alter or in any manner affect the qualification now by law re- quired to entitle any person to vote at any election by virtue of any rent-charge. Rectors, &c. no1<) s. 35. Provided also and be it enacted. That no rector, vicar, glste?.^^ curate shall be obliged to register his freehold arising from his rectory, vicarage, curacy, or other ecclesiastical pi^ef'erment, or be precluded from voting at any election on account of his not having registered the same. Assistant barris- s. 36. And be it enacted, That it shall be lawful for every oS^s? assistant barrister to administer all such oaths as are by this act required to be taken or administered. Expenses of no- s. 37. And be it enacted. That the expenses of printing the tices, &c. notices and of the advertisements hereby directed shall be de- frayed by the clerk of the peace in each county respectively ; and the grand jury of each such county, or the term grand jury for the county of Dublin, as the case may be, are hereby respectively required, at the next assizes or presenting term after such notices and advertisements, to present, to be levied off their respective counties in the same manner as other sums are authorized to be presented by such grand juries, all such sums as shall have been necessarily disbursed by such clei'ks of the peace respectively, which sums shall be paid to such clerks of the peace. s. 38. And be it enacted, That when the session herein directed to be first holden for the purpose of registering freeholds shall have terminated in any county, the lord lieutenant or other chief governor or governors of Ireland shall cause notice thereof to be inserted in the Dublin Gazette-, and that in case of a vacancy in the representation of any such county in this present parliament before the publication of such notice of the termination of the session for such county, no writ shall issue for the holding of an election of a knight of the shire for such county until after the publication of such notice. s. 39. Provided always, and be it enacted. That if after the commencement of this act, and before the publication of such holders may vote notice of the termination of the said first session in any county been ^ubRshed^ Ireland, any election shall take place in pursuance of any writ issued for the election of members to serve in any new parliament for such county, every person who would have been entitled to vote at any such election in case this act had not been made shall be entitled to vote at the election to be holden in pursuance of any such writ ; any thing in this act contained notwithstanding. s. 40. And be it enacted, That in case any exigency shall Notice of termi- nation of first session of re- gistry. In case of disso- lution of parlia- ment, old free- Assistant bar- PART IV.] 10 Geo. IV. c. 8. 355 render it necessary for any assistant barrister to adjourn any risters may ad. session for the registry of freeholders so appointed to he first {[’gcessary?^”^ holden, it shall be lawful for him to adjourn and continue the same as circumstances may require. s. 41. And be it enacted, That it shall be lawful for the lord lieutenant or other chief governor of Ireland, by order or war- remunerated, rant under his hand, to direct the payment, out of the consoli- dated fund, of such sum as he or they shall deem sufficient to remunerate each assistant barrister and clerk of the peace for his attendance at the sessions to be first holden in pursuance of this act. s. 42. And be it enacted, That this act shall commence from Commencement and after the day next after the passing of this act. s. 43. And be it further enacted. That this act maybe Act may be amended, altered, or repealed by any act or acts to be passed in amended, this present session of parliament. SCHEDULES REFERRED TO IN THIS ACT. SCHEDULE I. Form of Notice of holding the first Session for Registering Freeholds under thts Act. County I Notice is hereby given. That a session for the pur- ^ ) pose of regisering freeholds in and for the said county, pursuant to an act passed in the tenth year of the reign of king George the Fourth, will be holden on the day of next, at , and on the day of at , and on the day of at in the said county, before the assistant barrister, at which times and places applications to register freeholds in the several divisions of the said county respectively will be taken into consideration. Dated this day of G. Clerk of the peace for the said county. 356 10 Geo. IV. c. 8. [appendix I. SCHEDULE II. Form of Notice to be given to the Clerk of the Peace of Applications to register Freeholds, Take notice, that it is my intention to apply to register a freehold in the county of the particulars whereof are as follows : Name and Residence of Applicant. Description of Free- hold, with the Names of Barony and Townland in which it is situate. Yearly Value to be registered. SCHEDULE III. List of Applications to he entered by the Clerk of the Peace, No. Name and Resi. dence of Applicant. Description of Free- hold, with the Names of Barony and Townland in which it is situate. Yearly Value to be registered. PART IV.] 10 Geo. IV. c. 8. 357 SCHEDULE IV. Oath of a Freeholder registering a Freehold of the value of Fif- ty Pounds [or Twenty Pounds, as the case may be,] not arising from a Rent-charge. I, A. B. of in the county of do swear, That I am a freeholder of the county of and that I have a freehold therein, arising from a house [or houses, lands, or both, or other hereditaments, as the case may be,] of the clear yearly value of fifty pounds [or twenty pounds, as the case may be,] above all charges payable out of the same, lying and being at [naming the town- land or townlands, and barony or baronies, half-barony or half-baronies, wherein the freehold is situate, in the said coun- ty,] and that a solvent and responsible tenant could afford to pay for the same, as an additional rent, fairly and without collusion, the annual sum of fifty pounds, [or twenty pounds, as the case may be,] as I verily believe, over and above any rent which I am liable to pay for the same, and over and above all other charges, except only public or parliamentary taxes, county, church, or parish cesses, or rates and cesses on any townland or division of any parish or barony ; and that the said freehold does not arise from a rent-charge ; and that I have not accepted or procured the said freehold fraudulently, nor in exchange for any freehold in any other county ; and that I do not hold the said freehold by virtue of any lease, deed, or instrument executed or made after the first day of July one thousand eight hundred and twelity-three, to any person or persons, jointly, in common, or in partnership. So help me God. SCHEDULE V. Oath to he taken by a Rent-charger, I, A. B. of in the county of do swear, That I am a freeholder in the county of and that I have a freehold therein of the clear yearly value of twenty pounds at the least, above all charges payable out of the same, consisting of a rent-charge granted by deed bearing date the day of in the year on the lands of [naming the lands mentioned in such deed, and the barony or baronies, half-barony or half-baronies, wherein the same lie,] and that I am in the possession thereof to the clear amount of twenty pounds yearly, and am entitled to receive the same, as it becomes due, to and for my own sole use and benefit ; and that I have not procured or accept- ed the same fraudulently, nor in exchange for a freehold in any other county. So help me God. SCHEDULE VI. Oath of a Freeholder registering a Freehold of the annual Va- lue of Ten Pounds. I, E. F. of in the county of do swear. That I am a freeholder in the county of 358 iO Geo. IV. c. 8. [appendix I. and that I have a freehold therein, arising from a house, [or houses, land, or both, or other hereditaments, as the case may he,] of the clear yearly value of ten pounds above all charges payable out of the same, except only public or parliamentary taxes, county, church, or parish cesses or rates, and cesses on any townland or division of any parish or barony, lying and being at [naming the townland or townlands or other denomi- nation by which the place is generally known, and the barony or half-barony or baronies wherein it is situate,] in this county, and that a solvent, and responsible tenant could, as I verily believe, afford to pay for the same, as an additional rent, fairly and without collusion, the annual sum of ten pounds, over and above all rent to which I am liable in respect thereof, and that the said freehold does not arise from a rent-charge, and that the same arises by virtue of the deed, lease, and instrument which I now produce, bearing date the day of in the year [or otherwise, stating the nature of the title, as the case may be,] and that I am in the actual oc- cupation thereof by residing thereon, [or by tilling, or by grazing, or by both tilling and grazing, as the case may be ; and where the fi'eehold is held under any deed, lease, or instrument, adding these words, < and that the said freehold is not let or agreed to be let to the person or persons who executed the said ove the degree of a baron, sliall 1, 2 Will. IV. c. 9. Subjects within Her Dominions ; and by another act passed in the seventh year of the reign of his late Majesty King James the First, intituled An Act for administering the Oath of Al- The Editor afterwards considered it necessary to add others which are inserted at the commencement of Part III. of this Appendix Nos. 90 to 92, pp.lbl to 158. He now finds it requisite to add the following. He has no apology to offer but the facts, that the subject was altogether new to him, the en- actments numerous, involved, and no Avhere collected or methodised, and the time for preparing the extracts for the press very short. 1 Eliz. Eng. c. 1. An Act to restore to the Croion the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual, and abolishing all Foreign powers repug- nant to the same. s. 19. And for the better observation and maintenance of this act, may it please your highness that it may be further enacted by the au- thority aforesaid, that all and every archbishop, bishop, and all and every other ecclesiastical person, and other ecclesiastical officer and minister, of what estate, dignity, preminence or degree soever he or they be, or shall be, and all and every temporal judge, justice, mayor and other lay or temporal officer and minister, and every other person, having your highness’s fee or wages within this realm, or any your highness’s dominions, shall make, take and receive a corporal oath upon the Evangelists, before such person or persons as shall please your highness, your heirs or successors, under the Great Seal of England, to assign and name to accept and take the same according to the tenor and effect hereafter follow ing j that is to say, [then follows the oath for the Queen’s supremacy. s. 20. And that it may also be enacted, that if any archbishop, bishop, or other ecclesiastical officer or minister, or any of the said temporal judges, justiciaries, or other lay officer or minister, shall peremptorily or obstinately refuse to take or receive the said oath, that then he so refusing, shall forfeit and lose only during his life, all and every eccle- siastical and spiritual promotion, benefice and office, and every tern, poral and lay promotion and office, which he hath solely at the time of such refusal made ; and that the whole title, interest and incumbency, in every such promotion, benefice, and other office ; as against such person only so refusing, during his life, shall clearly cease and be void, as though the party so refusing were dead. s. 21. And that also all and every such person and persons so refusing to take the said oath, shall immediately after such refusal, be from thenceforth during his life, disabled to retain or exercise any office or other promotion which he at the time of such refusal hath jointly, or in common with any other person or persons. 5 Eliz. Eng. c. 1. An Act for the assurance of the Queen'* s Royal Power over all Estates and Subjects within her dominions. s. 16. And be it further enacted, that every person whi(di hereafter shall be elected or appointed a knight, citizen or bimgess, or baron for any of the five ports, for the parliament or parliaments hereafter to be hoiden, shall from henceforth, before he shall enter into the parliament house, or have any voice there, openly receive and pronounce the said oath before the Lord Steward for the time being, or his de])uty or de- puties for that time to be appointed : and that he w'hich shall (Uiter into the parliament house without taking the said oath, shall be deemed no knight, citizen, burgess, nor baron for that parliament, nor shall have any voice, but shall be to all intents constructions and purposes, as if lie had never been returned nor elected knight, citizen, burgess or b.'u ron for that parliament, and shall suffer such pains and penalties, as if he had presmned to sit in the same without election, return or au- thority. . . s. 17. Provided alway, that forasmuch as the Queen’s Majesty is otherwise sufficiently assured of the faith and loyalty of the temporal lords of her high court of parliament; therefore this act, nor any thing 1, 2 Will. IV. c. 9. 363 PART IV.] legiance arid Reformation of married women Recusants; and by another act passed in the first year of the reign of their late Majesties King William and Queen Mary, intituled, An Act ^ W. & M. c. 8. therein contained, shall not extend to compel any temporal person, of be compelled to or above the deg-ree of a baron of this realm, to take or pronounce the take the said oath aforesaid, nor to incur any penalty limited by this act, for not oath, taking-, or refusing- the same ; any thing in this act to the contrary in anywise notwithstanding. 1 Will. & M. Exvc. Sess. 1. c. 1. An Act for removing and preventing all questions and disputes con- I cerning the assembling and sitting of this present Parliament, A. D. I 1688. I s. 3. And be it further enacted by the authority aforesaid, that the act The old oaths of made in the thirtieth year of King Charles the Second, intituled An Act allegiance, &c. I for the more effectual preserving the King'^s Person and Government, by not to be taken disabling Papists from sitting in either House of Parliament, and all by members, 30 other acts of parliament, as to so much of the said act or acts only, as Car. II. stat. 2, concerns the taking the oaths of supremacy and allegiance, or either of c. 1. them, in the said act or acts respectively mentioned, by any member or members of either house of parliament, with relation to their sitting and voting in parliament, shall be, and are hereby repealed to all in- ' tents and purposes ; any thing in the said recited act or acts to the con- trary notwithstanding. s. 4. And be it further enacted that the taking the oaths herein.after New oaths sub- mentioned, and the making, subscribing, and repeating the declaration stituted in the in the said act of the thirtieth year of King Charles the Second, men- place of the old. , tioned, by every member of either house of this present parliament, from and after the first day of March next ensuing, in such manner as the taking the said oaths of alleg-iance and supremacy, and the making, subscribing and repeating the said declaration in the last mentioned act are required, shall be good and effectual to all intents and purposes, as if the said oaths of allegiance and supremacy had been taken, and the said declaration had been made, subscribed, and repeated in such man- ner, and at such time, as by the said act or acts, or any of them, they are required : and that, in all future parliaments, the oaths herein-after mentioned, and the declaration in the said act, made in the thirtieth year of King Charles the Second, mentioned, shall be taken, made, sub- scribed, and repeated by every member of either house of parliament, within the time, and in the same manner and form, and under the same penalties and disabilities, as the oaths of allegiance and supremacy, and the said declaration, by the said act of the thirtieth year of King Charles the Second are limited, ordained, and appointed to be taken, made, sub- I scribed, and repeated, and not at any other time, or in any other man- I ner, to enable them to sit and vote in parliament ; any thing in the said I act or acts, or any of them, to the contrary notwithstanding. I s. 5. And it is hereby further enacted and declared by the authority rpi ... aforesaid, that the oaths above appointed by this act, to be taken in the ^ oatiis. stead and place Of the oaths of allegiance and supremacy, shall be in the words following, and no other. s. 6. I A. B. do swear, that I will be faithful, and bear true allegiance a to their Majesties King William and Queen Mary. ° So help me God. s. 7. I A. B. do swear, that I do from my heart abhor, detest, and ab- Supremacy, jure that damnable doctrine and position, that Princes excommunicated ^ or deprived by the Pope, or any authority of the See of Rome, may be deposed or murdered by their subjects, or any other whatsoever. And I do declare, that no foreign prince, person, prelate, state, or potentate hath, or ought to have, any power, jurisdiction, superiority, pre-emi- nence, or authority, ecclesiastical or spiritual, within this realm. So help me God. 364 2, 3 Will. IV. c. 9. [appendix i. for abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths ; it is provided and enacted, that every person who should thereafter be elected or appointed a knight, citizen, or burgess, or baron for any of the five ports, for any parliament thereafter to be holden, before he shall enter the parliament house, or have any voice there, shall openly re- ceive and pronounce the oaths required by the said recited acts to be taken before the lord steward for the time being or his deputy or deputies ; And whereas by another act passed in the Car. 2, 8t. 2, c. thirtieth year of the reign of King Charles the Second, inti- tuled An Act for the more effectual preserving the King's Per- son and Government by disabling Papists from sitting in either House of Parliament, and by the said recited act passed in the first year of the reign of their late Majesties King William and Queen Mary, it is provided and enacted, that no person that should thereafter be a member of the House of Commons, or sit there during any debate after the speaker should be chosen, • until such member should solemnly at the table in the middle of the said house, and whilst a full house was there duly sitting ‘ with the Speaker in their chair, take the same oaths so re- . quired by the said first-recited acts to be taken before the Lord • Steward or his deputies : and whereas such repetition of the Repealing so same oaths is unnecessary and inexpedient be it therefore much of recited enacted, that so much of the said recited acts as requires the ; No member of either house of parliament ca- pable of voting until after he has taken the abjuration. Punishment of members pre- suming to vote, &c. 1 Geo. 1. G. B. Stat. 2. c. 13. [The title &c. which will be found Ante No. 20, p. 24, s. I. prescribes certain forms of oaths, and amongst the rest an abjuration oath, for which another was substituted by the 6 Geo, III. c. 53, see Ante No. 21 p. 25.3 s. 16. And be it further enacted by the authority aforesaid, that from and after the twenty-ninth day of September in the year of our Lord one thousand seven hundred and fifteen, no person that now is, or here- after shall be a peer of this realm, or member of the House of Peers, shall vote, or make his proxy in the House of Peers, or sit there, durii^ any debate in the said House of Peers ; nor any person that now is, or hereafter shall be a member of the House of Commons, shall vote in the House of Commons, or sit there during any debate in the said House of Commons, after the Speaker is chosen ; until such Peer or member shall from time to time respectively take the abjuration- oath aforesaid, instead of the oath of abjuration which before by law ought to have been taken, in such manner, and together with such other oaths, and declaration against transubstantiation, as the said for- mer oath of abj oration ought to have been taken. s. 17. And be it further enacted, that if any person that now is, or hereafter shall be a peer of this realm, or member of the House of Peers, or member of the House of Commons, in this or any succeeding parliament, and after the said twenty-ninth day of September presume to vote, or make his proxy, not having taken the said oath, and sub- scribed the same, as aforesaid, every such peer or member so offending shall be disabled to sue, or use any action, bill, plaint, or information in any court of equity, or to be guardian of any child, or executor or administrator of any person, or be capable of any legacy or deed of gift, or to be in any office within this realm of Great Britain, or to vote at any election for members to serve in parliament, and shall forfeit the sura of five hundred pounds, to be re(;overed by him or them that shall sue for the same, to be prosecuted by action of debt, suit, bill, plaint, or information, in any of his Majesty’s courts at Westminster, wherein no essoin, protection, or wager of law shall lie, or any more than one imparlance, and by way of one summary complaint before the court of sessions, or prosecution before the coui t of justiciary in Scotland. % 3 Will. IV. c. 9. 1 PART IV.] 365 said oaths to be so received, pronounced, and taken by such (fathno'br knights, citizens, burgesses, and barons, before the Lord Stew- taken by mem- ard for the time being, or his deputy or deputies, shall be and is hereby repealed. 1, 2 Will. IV. c. 17. An Act to provide for the better Order and Government of Ireland, by Lieutenants for the several Counties, Counties of Cities, and Counties of Towns therein. '23d August 1831. s. 16. And be it enacted, that all and every the provisions Provisions of of the said recited act of the forty-ninth year of the reign of King George the Third, and of any and every other act or sons appointed acts in force before the passing of this act for regulating the under this^ac^,^ appointment and qualification of persons to be appointed offi- appofntment of^ cers of militia, and prescribing the duties, obligations, and au- officers by tx)lo. thorities of such persons, shall be alike valid and effectual, as respects all persons to be or who shall be at any time appoint- ed officers of militia under or by authority of this act, or any commission derived therefrom, and apply to all such persons, as if the same had been herein specific^ly mentioned and re- enacted, save only as respects the power and authority of the Lord Lieutenant or other chief governor or governors of Ire- land to appoint the colonels of militia, and of the colonels of militia to appoint the lieutenant-colonel and other inferior offi- cers. 1, 2 Will. IV. c. 49. An Act to repeal so much of an act passed in Ireland in the L fourth year of King George the First, for the better regulating I the town of Galway, and for strengthening the Protestant interest therein, as limits the franchise created by the said Act to Protestants only. \5th October, 1831. Whereas an act was passed in the parliament of Ireland in the fourth year of the reign of his late Majesty King George the First, intituled an act for the better regidating the town of Gal- way, and for strengthening the Protestant interest therein, vihQVQhy 4 G. i. c. 15, it is amongst other things enacted, that all and every person and persons who profess him or themselves of any trade, mys- tery, or handicraft, that do or shall come to inhabit, dwell, or reside in the said town of Galway in order to follow their re- spective trades, shall and he and they are thereby declared to be free of the town and corporation of Galway, and also of that company and corporation to which their respective trades be- long, without paying any thing for their freedom; and it is 2h3 36S 1, 2 Will. IV. c. 49. [appendix ; 4 G. 1. 15. K 6. (I.) 10 G. 4. e. 7. thereby farther enacted, that such person or persons shall con- tinue freemen of such corporation or company as long as he or they inhabit or dwell in the said town, and no longer, and shall be exempted and freed from all corporation taxes and fines for not serving as beadle for the space of seven years next after his or their coming to inhabit in the said town : And whereas it is by the said recited act of the parliament of Ireland further pro- vided, that no person or persons are to have the benefit of their freedoms aforesaid unless he or they have been professed Pro- testants for seven years or upwards next before his or their de- manding their freedoms pursuant to the said act, and shall also take the usual oaths of freemen, and also the oaths of allegiance, supremacy, and abjuration, and make and subscribe the declara- tion commonly called the declaration against transubstantiation, before the mayor of the town : And whereas by an act passed in the parliament of the United Kingdom, in the tenth year of the reign of his late Majesty, intituled An Act for the Relief of his Majesty's Roman Catholic Subjects, after reciting that by various acts of parliament certain restraints and disabilities were imposed on the Roman Catholic subjects of his Majesty to which other subjects of his Majesty were not liable, and that it was expedient that such restraints and disabilities should be thenceforth discontinued; and after reciting further, that by various acts certain oaths, and certain declarations, commonly called the declaration against transubstantiation, and the invo- cation of saints, and the sacrifice of the Mass, as practised in the church of Rome, are or may be required to be taken, made, and subscribed by the subjects of his Majesty, as qualifications for sitting and voting in parliament, and for the enjoyment of cer- tain offices, franchises, and civil rights; it w^as enacted, that from and after the commencement of the said recited act of the parliament of the United Kingdom, all such parts of the said acts as require the said declarations, or either of them, to be made or subscribed by any of his Majesty’s subjects as a quali- fication for sitting and voting in parliament, or for the exercise or enjoyment of any office, franchise, or civil right, be and the same were (save as in the said act thereafter provided and ex- cepted) thereby repealed : And whereas it is expedient, in con- formity to the provisions of the said recited act of the parliament of the United Kingdom, to amend the said recited act of the parliament of Ireland so as to place the Roman Catholics of the town of Galway on an equality with his Majesty’s other sub- jects as regards the freedom of the said town and corporation of Galway, and of any company and corporation therein ; be it therefore enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Tem- poral, and Commons, in this present parliament assembled, and So much of re- by the authority of the same, that from and after the passing of relates U) much of the said recited act of the parliament of Ire- persons claiming land as requires that persons claiming their freedom, or being re^ealed^*^^*** admitted thereunto under the said act, shall have been professed PART IV.] 1, 2 Will. IV. c. 49. S67 Protestants for seven years or upwards next before their claim- ing their freedom, shall be and the same is hereby repealed. s. 2. Provided always, and be it further enacted, that from Oaths to be and after the passing of this act every Roman Catholic who on^t^ing^the?^* shall at any time claim or be admitted to the freedom of the freedom, said town and corporation of Galway ^ or of any company or corporation therein, under the provisions of the said recited act of the parliament of Ireland, shall, in addition to the usual oaths of a freeman, take the oath set forth in the said recited act of the parliament of the United Kingdom ; and that the said last-mentioned oath, which the mayor of the said town of Galway is hereby empowered and required to administer, shall be taken instead of the oaths of allegiance, supremacy, and abjuration, and of the declaration against transubstantiation, required by the said recited act of the parliament of Ireland, s. 3. And be it further enacted, that every Roman Catholic Empowering- subject of his Majesty, who under the said herein-before re- .J- J,.*' PT 7 I 111 1 to take up their cited act oi the parliament ot Ireland would have been, at or freedom, &c. before the passing of this act, entitled to the freedom of the town and corporation of Galway, had he been a professed Protestant as aforesaid, shall from and after the passing of this act be deemed and taken to be entitled thereto without taking or subscribing the oaths of allegiance and abjuration, or making and subscribing the declaration against transubstantiation, but shall, instead of the said oaths and declaration, take and sub- scribe the said oath set forth in the said act of the parliament of the United Kingdom, before the mayor of the said town of Galway, who is hereby empowered and required to administer the same. 1, 2 Will. IV. c. 52. (a.) An Act to repeal an Act passed in the fifty-second year of the. reign of His Majesty King George the Third, to provide for the more speedy examination, controuling, and finally auditing the military accounts of Ireland. 20f/i October, 1831. Whereas an act was passed in the fifty second year of the 52 G. 3. c. 51. reign of his Majesty King George the Third, intituled ari act for the more speedy examination, controuling, and finally auditing the military accounts of Ireland : and whereas it is expedient that the said act should be repealed ; be it therefore enacted, (a) This repeal escaped the editor until after the enactment, ante p. 226 had g-one to press. The 1, 2 Will. IV. c. 26 makes acts by a limited num- ber of (Commissioners under the 52 Geo. III. c. 52, and the 56 Geo. III. c. 98, void, but does not vary the provisions extracted, pp.226and235. 368 1, 2 Will. IV. c. 49. [appendix I. Recited act repealed, except as to matters done and penal- ties incurred under same. Judges and officers under this actineli^ble . to sit in parlia- *'ment. One commis- sioner may be a member of the House of Com- mons. C Anne c. 7. &c. that the said act shall be and the same is hereby repealed, save and except always as to all acts, matters, and things done under the authority of the said recited act, and all fines, penal- ties, and forfeitures arising or incurred during the continuance of the said act, which shall remain and continue valid and ef- fectual to all intents and purposes, and may be recovered under the orders, of the secretary at war, as if the said recited act had been repealed. 1, 2 Will. IV. c. 56* (6) An Act to establish a Court in Bankruptcy. 20th October, 1831. s. 60. And be it enacted, that no judge, commissioner, regis- trar, or deputy registrar, secretary of bankrupts, or official as- signee, or other officer to be appointed by virtue of Ihis act, shall during their respective continuance in such offices be ca- pable of being elected or of sitting as a member of the House of Commons. 2, 3 WiLi. IV. c. 1. An Act for uniting the Office of the Surveyor- General of his Majesty's Woods, Forests, and Land Revenues; and for other purposes relating to the Land Revenues. 13th February, 1832. / s. 11. And be it further enacted, that one of the said com- missioners of his Majesty’s w'oods, forests, land revenues, works, and buildings, for the time being, and no more, shall be capable of sitting and voting as a member of the House of Commons of the United Parliament of Great Britain and Ireland ; and that no person appointed a commissioner under this act upon the first appointment of such commissioners, and who shall at the time be a commissioner of his Majesty’s woods, forests, and land revenues, shall be deemed or taken to have accepted an office of profit from the Crown within the meaning of an act passed in the sixth year of the reign of her late Majesty Queen Ann, intituled An Act for the Security of her Majesty's Person amd Government, and of the Succession to the Crown of Great Britain, in the Protestant Line. (6) This act does not extend to Scotland or Ireland except where the same are expressly mentioned or referred to ; s. 41. PART IV.] 2, 3 Will. IV. c. 24. 2, 3 Will. IV. c. 24. 369 An Act to indemnify such persons in the United Kingdom as have omitted to qualify themselves for Offices and Employ-^ mentS) and for extending the time limited for those purposes respectively until the twenty ffifth day of March one thousand eight hundred and thirty -thr ee ; to permit such persons in Great Britain as have omitted to make and file affidavits of the execution of indentures of clerks to Attornies and Soli- citors to make and 'file the same on or before the first day of Hilary Term one thousand eight hundred and thirty- three ; and to allow persons to make and file such affidavits, although the persons whom they served shall have neglected to take out their Annual Certificates. 9th April, 1832. s. 5. ‘ And whereas the appointment of divers clerks of the Admissions to peace, town-clerks, and other public officers, and the admission ed of divers members and officers of cities, corporations, and bo- after time rough towns in Great Britain and Ireland, or the entries of allowed by law. such admissions in the court books, rolls, or records of such cities, corporations, and borough towns, which by several acts are directed and required to be stamped, may not have been provided, or the same not stamped, or may have been lost or mislaid be it further enacted, that for the relief of such per- sons whose appointments and admissions, or the entries of whose admissions as aforesaid, may not have been provided, or not duly stamped, or where the same have been lost or mislaid, it shall and may be lawful to and for such persons in Great Britain and Ireland, on or before the twenty-fith day of March one thousand eight hundred and thirty-three, to provide or cause to be provided appointments and admissions, or entries of admissions as aforesaid, duly stamped ; or in case where such appointments, admissions, or entries of admissions as aforesaid, have been made or provided but not duly stamped, to produce such appointments, admissions, or entries of admis- sions as aforesaid, to the commissioners appointed to inspect and manage the revenues of the stamp duties, to be duly stamped ; which such commissioners are hereby authorised and empowered and required to duly stamp, on payment of double the amount of the duties first payable, or to have been paid on such appointments, admissions, or entries of admissions as aforesaid, without any other fine or forfeiture thereon ; and in order to denote the said duties, the said commissioners are hereby authorised and empowered to use such stamps as shall have been heretofore provided to denote any former duties on stamped vellum, parchment, and paper, or to cause new stamps to be provided for that purpose, and to do all other things ne^ cessary for putting this act in execution, in the like and in as full and ample a manner as they or the major part of them are authorised to put in execution any former law concerning stamped vellum, parchment, and paper ; and such persons so 370 2, 3 Will. IV.* c. 24. [appendix I. so providing appointments, admissions, or entries of admissions as aforesaid, duly stamped, or procuring the same to be duly stamped in manner aforesaid, are and shall be hereby confirmed and qualified to act as clerk of the peace, town-clerk, or other public officer, or member or members, officer or officers of such cities, corporations, and borough towns respectively, to all intents and purposes ; and shall and may hold and enjoy and i execute such offices, or any other office or offices into which \ he or they hath or have been elected, notwithstanding his or i their omission, or the omission of any of their predecessors, in V such cities, corporations, or borough towns as aforesaid ; and 1 shall be indemnified and discharged of and from all incapaci- ] ties, disabilities, forfeitures, penalties, and damages by reason of any such omission ; and none of his or their acts shall be questioned or avoided by reason of the same. 2, 3 Will. IV. c. 40. An Act to amend the law relating to the business of the civil ■ i departments of the Navy, and to make other regulations for \ j more effectually carrying on the duties of the said departments, I June, 1832. * In case liis Majesty shall revoke the ap- pointments of the commis- sioiie*rs of the navy and for victualing, the powers and authorities Whereas his Majesty, by his royal letters patent under the great seal, bearing date the second day of November one thou- sand eight hundred and thirty one, was pleased to constitute and appoint certain persons therein named to be principal officers and commissioners of his Majesty’s navy, and by other ; letters patent under the great seal, bearing date the twenty-fifth j day of February one thousand eight hundred and thirty-one, ^ was pleased to constitute and appoint certain other persons i therein named commissioners for victualling his Majesty’s navy, ' and for the care of sick and wounded seamen : and wffiereas it u has been deemed expedient that the number of offices in the | civil departments of the navy should be reduced, and to this | end that the offices or departments of the principal officers and commissioners of his Majesty’s navy, and of the commissioners for victualling his Majesty’s navy, and for the care of sick and wounded seamen should be abolished ; and whereas various duties of the said commissioners being established and regulated by divers acts of parliament, it is requisite that such acts should in some cases be altered, and new provisions made for the due execution of the said duties : be it therefore enacted, &c. that in case his Majesty shall be pleased to cancel and revoke the said letters patent by which the said several persons were res- pectively constituted and appointed principal officers and com- missioners of the navy, and commissioners for victualling his Majesty’s navy, and for the care of sick and wounded seamen, as aforesaid, all the interests, titles, authorities, powers, a,nd duties vested in the said respective commissioners by any act or acts 2, 3 Will. IV. c. 40. 371 PART IV.] of parliament, and every matter relating to them and their res- pective offices, shall from and after such revocation be and the same are hereby declared to be transferred to the commissioners for executing the office of Lord High Admiral of the united kingdom of Great Britain and Ireland for the time being, and shall be vested in and exercised by them in as full and ample a manner, to all intents and purposes, as if they had been named in the said acts instead of the commissioners of his Majesty’s navy, and the commissioners for victualling his Majesty’s navy and for the care of sick and wounded seamen respectively, sub- ject however to the provisions herein-after established : pro- vided always, that such transfer shall not be deemed to confer on the aforesaid any new office within the meaning of an act passed in the sixth year of the reign of her Majesty Queen Anne, intituled an act for the security of her Majesty's person and government, and of the succession to the crown of Great Britain in the Protestant line ; nor shall any such commissioner last mentioned, by taking upon himself, under any nev/ letters patent which his Majesty may think fit to cause to be issued, the duties of the offices so abolished, be disqualified from sitting and voting in parliament, or thereby vacate the seat in parlia- ment which any such commissioner may then hold ; any thing contained in the said act of Queen Anne, or in any other act, or any usage of parliament, to the contrary notwithstanding ; but it is nevertheless hereby declared, that from and after the passing of this act no greater number than five commissioners of the admiralty shall be competent at any one time to sit and vote in the commons house of parliament. 2, 3 Will. IV. c. 45. An Act to amend the Representation of the People of England and Wales. \lth June, 1832. s. 29. And be it enacted, that the premises in respect of the occupation of which any person shall be entitled to be re- gistered in any year, and to vote at the election for any city or borough as aforesaid, shall not be required to be the same pre. mises, but may be different premises occupied in immediate succession by such person during the twelve calendar months next previous to the last day of July in such year, each person having paid, on or before the twentieth day of July in such year, all the poor’s rates and assessed taxes which shall pre- viously to the sixth day of April then next preceding have become payable from him in respect of all premises so occupied by him in succession. s. 29. And be it enacted, that where any premises as afore- said, in any such city borough, or in any place sharing in the election therewith, shall be jointly occupied by more persons I than one as owners or tenants, each of such joint occupiers §hall, subject to the conditions herein-hefore contained as to persons occuping premises in any such city, borough, or place, be entitled to vote in the election for such city or borough, in vested in them by any statutes shall be trans- ferred to the admiralty. Commissioners of the admiralty not thereby dis- qualified from sitting- ill par- liament. 4 Provision as to premises occu- pied in suc- cession. As to joint occupiers. 372 2, 3 Will. IV. c. 45. [appendix I. Correctness of the register to be questionable before a com- mittee of the House of Commons. respect of the premises so jointly occupied, in case the clear yearly value of such premises shall be of an amount which, when divided by the number of such occupiers, shall give a sum of not less than ten pounds for each and every such occu- pier, but not otherwise. s. Provided also and be it enacted, that upon petition to the House of Common; complaining of an undue election or return of any member or members to serve in parliament, any peti- tioner, or any person defending such election or return, shall be at liberty to impeach the correctness of the register of voters in force at the time of such election, by proving that in conse- quence of the decision of the barrister who shall have revised the list of voters from which such register shall have been formed, the name of any person who voted at such election was improperly inserted or retained in such register, or the name of any person who tendered his vote at such election improperly omitted from such register ; and the select committee appointed for the trial of such petition shall alter the poll taken at such election according to the truth of the case, and shall report their determination thereupon to the House, and the House shall thereupon carry such determination into effect, and the return shall be amended, or the election declared void, as the case may be, and the register corrected accordingly, or such other order shall be made as to the House shall seem proper. ; 2, 3 Will. iv. c. 63. An Act to enable Peers of Scotland to take and subscribe in Ire- land the oaths required for qualifying them to vote in any elec- tion of the Peers of Scotland. Wth July, 1832. Provision as to promises occu- pied in succes- sion, and as to joint occupants. 2, 3 Will. iv. c. 64. | An Act to settle and describe the Divisions of Counties, and the I JJmits of Cities and Boroughs in England and Wales, in so far as respects (he Election of Members to serve in Parlia- ' liament. Wth July, . 2, 3 Will. IV. c. 65. An Act to Amend the Representation of the People of Scotland. 17 ih July 1832. s. 12. And be it enacted, that the premises in respect of which any person shall be deemed entitled to be registered, and to vote in the election for any city, burgh, or town, or district, shall not be required to have been the same premises for the whole twelve months of his occupancy, but may be different premises (but always of the requisite value) occupied in suc- cession by such person ; provided alw^ays, that such person shall have paid all the assessed taxes legally exigible from him in re- spect of all such premises ; and that where such premises shall be of the yearly value of twenty pounds or upwards, and shall be jointly occupied by more than one person, each of such joint occupiers shall be entitled to be registered and to vote, provided his share and interest in the same shall be of the yearly value of ten pounds or upw'ards. PART IV.] REFORM ACT 2, 3 WiLL. IV. C. 88. 373 No. 196 2, 3 Will. IV. c. 88. An Act to amend the Representation of the People of Ireland. 1th August, 1832. Whereas it is expedient to extend the elective franchise to many of his Majesty’s subjects in Ireland who have not here- tofore enjoyed the same, and to increase the number of repre- sentatives for certain cities and boroughs in that part of the United Kingdom, and to diminish the expenses of elections therein ; 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 Rig^ht of voting* assembled, and by the authority of the same, that, in addition ^ e^e*xtond to the persons now by law qualified to vote at the election of ed to Xease- knights of the shire for the several counties in Ireland, every holders, male person of full age, and not subject to any legal incapa- city, who shall be entitled, either as lessee or assignee, to any lands or tenements, whether of freehold or of any other tenure whatever, for the unexpired residue, whatever it may be, of any term originally created for a period of not less than sixty years, whether determinable on a life, or lives, or not, and having a beneficial interest therein of the clear yearly value of not less than ten pounds over and above all rent and charges, or for the unexpired residue, whatever it may be, of any term originally created for a period of not less than fourteen years, whether determinable on a life, or lives, or not, and having a beneficial interest therein of the tlear yearly value of not less than twen- ty pounds, over and above all rent and charges, or for the un- expired residue, whatever it may be, of any term originally created for a period of not less than twenty years, and having a beneficial interest therein of the clear yearly value of not less than ten pounds over and above all rent and charges, shall be entitled to vote in the election of a knight or knights of the shire for the county in which such lands or tenements shall respectively be situate ; provided always, that no person, being such lessee or assignee of such term of twenty years, and no person, being only a sub-lessee, or the assignee of any under- lease, shall have a right to vote in respect of any such term of sixty years, or fourteen, or twenty years, as aforesaid, unless he shall be in the actual occupation of the premises ; and pro- vided also, that any renewal or new lease of the same premises, for the same rent and for a term not less than such original term, shall for the purposes of this act be deemed to be a con- tinuance of the same qualification as aforesaid. s. 2. And be it enacted, that every male person of full age. And to Copy- and not subject to any legal incapacity, who shall be seised at law or in equity of any lands or tenements of ( opyhold tenure, for his life, or for the life of another, or for any lives whatso- ever, or for any larger estate, of the clear yearly value of not 2 i 374 REFORM ACT 2, 3 WiLL. IV. C. 88. [aPPENDIX I. Not to affect present voters in counties. No vote out of house, ware- house, counting- house or shop, or land therewith, occupied in a county, which give a right to vote in a city, town, or bo- rough. Right of voting in counties of cities, and coun- ties of towns. lOZ freeholders. 10/. and 20?. lease- holders. 10/. house- holders. less than ten pounds over and above all rents and charges pay- able out of or in respect of the same, shall be entitled to vote in the election of a knight or knights of the shire to serve in any future parliament for the county in which such lands or te- nements shall be respectively situate. s. 3. And be it enacted, that nothing in this act contained shall take away or in any manner affect the rights of voting for knights of the shire at present enjoyed by or which may here- after accrue to any person by virtue of any law now in force, except so far as herein specially provided. s. 4. And be it enacted, that notwithstanding any thing herein contained no person shall be entitled to vote in the elec- tion of a knight or knights of the shire to serve in any future parliament in respect of his estate or interest in any house, warehouse, counting-house, or shop occupied by himself, or in any land occupied by himself together with any house, ware- , house, counting-house, or shop, such house, warehouse, count- ing-house, or shop being, either separately, or jointly with the ■ land so occupied therewith, of such value as would, according ; to the provisions herein-after contained, confer on him the right of voting for any city, town, or borough, whether he shall or shall not have actually acquired the right to vote for such city, town, or borough jn respect thereof. s. 5. And be it enacted, that in every city or towm, being a county of a city or county of a town by itself, and which shall return a member or members to serve in any future parliament, in addition to the persons now by law qualified to vote at the election of such member or members, every male person of full age, and not subject to any legal incapacity, who shall be seised at law or in equity of any freehold estate in any lands or tenements within such city or town, and shall be in the ac- tual occupation thereof, and who shall have a beneficial interest therein of the clear yearly value of ten pounds at the least above all rent and charges payable out of, the same, or who shall hold as lessee or assignee any lands or tenements within such city or town, for such term, of such value, and sub- ject to such provisions as would under this act, if such lands or tenements were situate in a county at large without the limits of such city or town, entitle such person to register his vote for such county, or who shall hold and occupy within such city or town, as tenant or owner, any house, warehouse, counting- house, or shop, which, either separately, or jointly with any land within such city or town occupied therewith by him as tenant under the same landlord, or occupied therewith by him as owner, shall be bond fide of the clear yearly value of not less than ten pounds, shall, if duly registered according to the provisions of this act, be entitled to vote in the election of a member or members to serve in any future parliament for such city or town : provided always, that no such occupier as last above menrioned shall be admitted to be registered un- der this act unless he shall have occupied such premises as aforesaid for six calendar months next previous to the time of 375 PART IV.] REFORM ACT--r2, 3 WiLL. IV. C. 88, his registry, nor unless such occupi^ir shall have paid or dis^ charged all such grand jury and municipal cesses, rates, and taxes, if any, as shall have become legally due and payable by him in respect of such premises, over and above and except one half year’s amount of such cesses, rates, and taxes afore- said. s. 6. And be it enacted, that from and after the commence- No freehold of ment of this act no person, save as herein is provided, shall be y||riy^vahie to registered or admitted to vote as a freeholder at any election of give a vote in a any member or members to serve in any future parliament for • any county of a city, or county of a town in Ireland, unless such person shall have an estate of freehold in lands, tene- ments, or hereditaments, in such county of a city, or county of a town, of the clear yearly value of ten pounds at the least, above all charges, any law or statute to the contrary not- withstanding : provided always, that nothing in this act con- saving of 40.9. tained shall prevent any person now being a forty-shilling free- holder entitled to register as such from retaining (so long as he ter.^ ^ ^ regiis- shall continue to be seised of the same lands or tenements) the right of voting in such election in respect thereof, if duly re- gistered according to the provisions of this act. s. 7. And be it enacted, that at all elections of a member or Right of voting members to serve in any future parliament for any city, town, in boroughs, or borough in Ireland, not being a county in itself, every male person of full age, and not subject to any legal incapacity, and lO?. house- duly registered according to the provisions of this act, who shall hold and occupy within such city, town, or borough, as tenant or owner, any house, warehouse, counting-house, or shop, which, either separately, or jointly with any land within such city, town, or borough occupied therewith by him as te- nant under the same landlord, or occupied therewith by him as owner, shall be bond fide of the clear yearly value of not less than ten pounds, shall be entitled to vote in the choice of a member or members to serve in any future parliament for such city, town, or borough ; provided always, that no such occupier as last aforesaid shall be admitted to be registered under this act unless he shall have occupied such premises as aforesaid for six calendar months next previous to the time of registry, nor unless such occupier shall have paid or discharged all such grand jury and municipal cesses, rates, and taxes, if any, as shall have become legally due and payable by him in respect of such pre- mises, over and above and except one half year’s amount of such cesses, rates, and taxes aforesaid. s. 8 . Provided nevertheless, and be it enacted, that notwith- In wbat case standing any thing herein-before contained, no person shall be entitled to vote in the election of a member or members to is to give a vote, serve in any future parliament, for any city or town, or county of a city or town, in respect of any estate or interest in any freehold under the yearly value of ten pounds which shall have been acquired by such person since the first day of March one thousand eight hundred and thirty-one, unless the same shall have come to or been acquired by such person since that day, 376 REFORM ACT 2, 3 WiLL. IV. C. 88. [aPPENDIX I. Saving for free, men and others now entitled to vote. Residence. Exception as to honorary free- men. Taxes and rates not to be deemed a charge payable out of an estate. Additional mem- bers. Boundaries of cities, towns, and boroughs defined. No unregistered person to vote. and previously to the passing of this act, by descent, succession, marriage, marriage settlement, devise, or promotion to any benefice in a church, or by promotion to any office. s. 9. Provided always, and be it enacted, that all freemen, freeholders, and persons who by reason of any corporate or other right are now by law entitled to vote at the election of a member or members to serve in parliament for any city, town, or borough, and all persons who, by reason of birth, marriage, or service, or of any statute now in force, shall be at any time hereafter admitted to their freedom in any city, town, or bo- rough sending a member or members to parliament, shall, after such registration as is directed by this act, but so long only as they shall reside within the said city, town, or borough, or with- | in seven statute miles of the usual place of election therein, have and enjoy such right of voting as fully and in like man- ner as if this act had not been passed : provided further, that no persons who since the thirtieth day of March in the year one thousand eight hundred and thirty-one have been or here- ; after shall be admitted as honorary freemen shall be entitled by - virtue of such admission to vote or register as freemen under ' this act. ' s. 10. And be it further enacted, that no public or parlia- mentary tax, county, church, or parish cess or rate, or any cess or rate upon any townland, or division of any parish, barony, ' or half barony, shall be deemed a charge payable out of any estate or tenement within the meaning of this act. s. 11. And be it enacted, that the city of Limerick, the city of Waterford, the borough of Belfast, the county of the town of Galway, and the University of Dublin shall each res- pectively return one member to serve in each future parlia- ment, in addition to the member which each of the said places is now by law entitled to return. s. 12. And be it enacted, that each of the cities, towns, and boroughs, returning a member or members to serve in parlia- ment shall, for the purposes of this act, include the place or places respectively which shall be comprehended within the boundaries of each of the said cities, towns, and boroughs re- spectively, as such boundaries shall be settled by an act to be passed for that purpose in this present parliament, which act, when passed, shall be deemed and taken to be part of this act as fully and effectually as if the same were incorporated here- with ; provided always, that until the passing of said last-men- tioned act all such cities, towns, and boroughs shall, for the purposes of this act, be deemed and taken to be comprehended within the same limits and boundaries as before the passing of this act. s. 13. And be it enacted, that no person shall be admitted to vote at any election of a member or members to serve in any future parliament for any county, city, town, or borough in Ireland, the University of Dublin excepted, unless such person shall have been qualified as aforesaid, and duly registered under this act ; and that no person shall be so registered in respect of PART IV.] reform act — *2, 3 Will. IV. c. 88. 377 any lands, tenements, or hereditaments, unless he shall have been in the actual possession thereof, or in receipt of the rents, issues, or profits thereof, for his own use, as the case may re- quire, for six calendar months next previous to his registry un- der this act ; provided always, that when any lands, tenements, or hereditaments, which would otherwise entitle the owner, holder, or possessor thereof, to vote in any such election, shall come to any person, at any time within six months next before such registry, by descent, succession, marriage settlement, de- vise, or promotion to any benefice or office, such person shall be entitled, in respect thereof, to be registered as a voter at the registry for such county, city, town, and borough respectively then next to be had by virtue of this act. s. 14. And be it further enacted, that after the commence- ment of this act a special session, for the purpose of registering votes for each county, city, town, and borough in Ireland, hav- ing the right to send a member or members to parliament (the borough of the University of Dublin only excepted), shall be holden in each such county by and before the assistant barrister or chairman of such county, and in each such city, town, and borough respectively, by and before the assistant barristers in the schedule (A.) hereunto annexed mentioned, on such day or days, and at such places respectively, as the Lord Lieutenant, or other chief governor or governors of Ireland shall appoint ; and the clerk of the peace in and for each such county, city, town, and borough, or his deputy, shall, thirty days at the least before the day respectively so appointed, cause to be posted, in conspicuous places within each such county, city, town, and bo- rough respectively, notices that such session for the purposes of registering the names of voters under this act for such county, city, town, or borough, will be held on the days and at the places so appointed, and that applications for that purpose will be then and there taken into consideration. s. 15. And be it enacted, that every person intending to ap- ply at such session to be registered as a voter for any county, city, town, or borough shall, twenty cleai* days at the least be- fore the first day appointed for holding such sessions respec- tively, give or cause to be given a notice in writing of such his intention to the clerk of the peace, or his deputy, acting for such county, city, town, or borough, or to the high constable of the barony within which the property to be registered is situate ; and the high constable shall, without delay, transmit all notices so given to him to the clerk of the peace ; and such person so intending to register shall in such notice state his name and re- sidence, the right in respect of which he intends to apply, and the nature of the qualification relied upon by him as entitling him to be so registered ; and such clerk of the peace, or his de- puty, shall thereupon enter all such notices according to the order in which he shall receive them, and shall, ten days at least before the day appointed for holding such session, cause alpha- betical lists of such voters to be printed and circulated, and to be posted in conspicuous places throughout such county, city, 2j3 Six calendar months’ ]posses- sion required be- fore registry. Exception afi to property coming by descent, &c. A special session for registering voters to be holden for each county, city, town, and bo- rough, at such days and places as the Lord Lieutenant shall appoint. Notice thereof by clerk of the- peace. Notice to be given to clerk of the peace of in- tention to regi>i- ter. 378 Proceeding's at the special ses- sions. Assistant barris- ter to investigate claims to regis- ter. Who may op- pose a cl^m to register. nfiroRM ACT — % 3 Will. IV. c. 88. [appendix i. town, or borough ; and no such list shall be liable to any stamp duty. s. 16. And be it enacted, that at such special session the clerk of the peace, or his deputy, shall call the names of the persons contained in such list in alphabetical order, and shall again twice at the least during such sessions call over the names of all such persons as did not appear upon such first calling, and that each claimant’s case shall be heard in the order of his ap- pearance ; and each person so called shall produce in open court ^ the deed, lease, or instrument, if any, duly stamped, by virtue of which he shall claim a right to be registered, or shall, by his own oath, or otherwise as the assistant barrister shall require, sufficiently account for the non-production thereof; or if he shall not claim by virtue of a deed, lease, or instrument, or is disabled from producing such deed, lease, or instrument, then such person shall otherwise establish his right to be registered as such voter, pursuant to his said notice, according to the provi- sions of this act ; and such person, if claiming as a freeholder or leaseholder or householder, shall also make it appear that the property in respect of which he seeks to be so registered is of the value and nature by this act prescribed, and that he is other- wise duly qualified to be registered according to the provisions of this act ; provided always, that no person shall be bound to produce the title deeds of any landlord under whom he may hold or derive, or make proof of such title, and that possession and perception of rent shall be deemed primd facie evidence of such landlord’s title. s. 1 7. And be it enacted, that the assistant barrister or chair- man shall inspect and examine every deed, lease, or instrument so produced, and shall investigate the claim made thereunder, or otherwise, to be registered, and shall determine upon the va- lidity or invalidity of such claim, and shall and may examine and inquire, as well by the oaths of the claimants as by any other evidence offered in support of, or in opposition to, such claim, whether such claimant is or is not to be registered as a voter for the county, city, town, or borough, to wffiich his claim shall relate, and in case of any claim in respect of the freehold, leasehold, or household property, wdiether the same be of the value and nature respectively hereby prescribed and required, and shall also inquire, by any of the means aforesaid, as he shall think fit, into the truth of the several particulars required by the provisions of this act, or required to be stated in any oath by Such claimant herein-after prescribed to be taken for such re- gistry. s. 18. Provided always, and be it further enacted, that no person shall be received* as the opposer of any claimant to re- gister at such sessions who shall not be himself either a regis- tered voter for such county, city, town, or borough, or a person who has served a notice to register as a voter at the same ses- sions, or some counsel, attorney, or agent duly authorised by such voter or claimant to appear for him or on his behalf. PART IV.] REFORM ACT 2, 3 WiLL. IV. C. 88. 379 s. 19. And be it enacted, that if such assistant barrister or If the assistant chairman shall deem such claimant to be entitled under this act judge the ^daim- to be registered as a voter for the county, city, town, or bo- ant entitled, he rough, to which his claim shall relate, and not be subject to any oath or^ffinna legal disqualification, such barrister or chairman shall so de- tion hereby pre- clare and adjudge ; and the person so declared entitled shall scribed, verify his title by affidavit, and shall take and subscribe (as the case may be) the oath stated in the schedule (C.) to this act annexed, instead of any oath or oaths which by the law now in being he would be liable to take or subscribe. s. 20. And be it enacted, that every such affidavit shall be Affidavit of re- signed by the barrister or chairman before whom the same shall a,?- be taken, and shall be by him delivered to the clerk of the sistant barrister, peace or his deputy, as the case may be, to be filed and kept amongst the records of the county, city, town, or borough ; and such barrister is hereby required to take care that such oaths shall be agreeable to the form hereby prescribed, or as near thereto as may be ; and no objection in point of form shall at any time hereafter be allowed to any such oath, when signed. s. 21. And be it enacted, that in case it shall appear to such If claimant not barrister or chairman that any person claiming to be registered as a voter for any county, city, town, or borough is not entitled barrister shall so so to be registered, such barrister or chairman shall refuse to fbe obV*^^ permit such person to be registered, and shall make an order ^ion. ^ accordingly ; and when such refusal shall be on the ground of insufficiency of value, the order of refusal shall state such insuf- ficiency as the ground of such order, or otherwise shall state the objection by reason whereof the claimant has been adjudged not to be entitled to be registered ; provided always, that such order shall be without prejudice to any future application to be registered which the person so rejected shall think fit to make at any subsequent general quarter sessions of the peace. s. 22. Provided always, and be it enacted, that a certificate f re of registry made pursuant to the laws in force in Ireland previ- gistry under ex- ous to the passing of this act shall be deemed and taken to be isting law to en- prima facie evidence of the right to be registered ; and that any oortificTte^^mder person having given notice of his intention to register as by this act, without this act required, shall, upon producing or causing to be pro- evidence'^^^^^^^ duced such certificate at the session for that purpose to be held, be entitled and admitted to register his vote and obtain his cer- tificate under this act, without further proof or oath, unless cause to the contrary shall appear, and without any fee or charge ; and in cases where a certificate of registry shall not be produced, or in case it shall appear expedient, it shall be law'ful for the assistant barrister or chairman presiding at the sessions to be holden for the purpose of registering votes under this act to refer to any original affidavit or affirmation, or transcript or record thereof, or any entry thereof in the book or books which, by virtue of the laws now in force in Ireland^ the clerks of the peace or town clerks throughout Ireland are authorized or re- quired to make or keep ; and in case the said assistant barrister or chairman shall be satisfied, on inspection thereof, that such 380 REFORM ACT 2, 3 WiLL. IV, C. 88. [aPPENDIX 1. 40^, and bl householders to give proof of qualification, if required. Where adjudi- cation against claimant is founded on in- sufficiency of value, claimant may appeal to judges of assize, and have the question tried by a jury. affirmations or affidavits or entries are correct, it shall not be necessary for him further to inquire into the right of voting claimed thereunder, but he shall and may direct and allow the same to be registered, and the claimant to have his certificate under this act, without oath or further proof, unless cause to the contrary shall appear, and without any fee or charge. s. 23. Provided always, and be it further enacted, that all forty shilling freeholders and five-pound householders claiming a right to be registered under this act shall appear in person be- fore the assistant barrister at the sessions, to be examined on oath by such barrister touching such their claim to be registered, and they shall, if required by such barrister, make proof of the nature and sufficiency of their qualification to be so registered, and shall, upon such proof being made, and also proof of iden- tity, be admitted or rejected accordingly. s. 24. And be it enacted, that if any person against whose claim any such order shall be made on the ground of insuffi- ciency of value shall deem himself aggrieved thereby, it shall be lawful for such person to appeal therefrom to the judges of assize at the next assizes for the county, city, town, or place within which the property in right whereof such person claims to register such vote shall be situate ; and such judges of assize, or one of them, are and is hereby empowered and required to try and inquire by the verdict of a jury whether such property is of the annual value within the meaning of this act at which the claimant seeks to register such vote ; and such jury shall be returned by the same officer and in the same manner in which juries are now returned in cases of appeal from the decrees of assistant barristers on civil bills ; and if such jury shall give a verdict in favour of the claim to register, and the judge before whom the same shall be tried shall consider such claim to be in other respects well founded, the order so complained of shall be thereupon reversed, and the claimant be declared and adjudged entitled to be registered as a voter under this act ; and such ad- judication shall have the same effect to all intents and purposes as if the same had been made by such assistant barrister or chairman at the sessions aforesaid. rof iced ofi^n^ it enacted, that where any person, against other^g-roundj whose claim to register as a voter at elections for any county, the claimant may city, or town or place, any order shall be made by the assistant of asSze^ barrister or chairman on any other ground than insufficiency of value, shall consider himself aggrieved by such order, it shall be lawful for such person to appeal from such order to the judges of assize at the next assizes to be holden for the same county, city, town, or place ; and such judges of assize, or one of them shall have power, on motion, to review such order, and either to affirm or reverse the same, as shall be fit, and there- upon to adjudicate ; and which adjudication shall have the same efect, to all intents and purposes, as if the said adjudication had been made by such assistant barrister or chairman at the sessions aforesaid. 381 PART IV.] REFORM ACT 2, 3 WiLL. IV. C. 88. s. 26. And be it enacted, that in every case in which an Proceedings m order oi an assistant barrister or chairman shall, upon appeal, of order, be reversed, the judge before whom the same shall have been heard shall thereupon cause such oath to be taken and sub- scribed, and such certificate to be given, and shall sign the same respectively, in like manner, as the assistant barrister is herein- before required to do, and shall cause such acts to be performed by the clerk of the peace or his deputy, and such proceedings to be had, as herein-before directed and required when any voter is registered at any sessions before the assistant barrister or chairman ; and such oath and certificate, and such acts and proceedings, shall be of the like effect as if they had been taken, subscribed, given, performed, and had before the assistant bar- rister or chairman. s. 27. And be it enacted, that after the determination of the After the special session hereby directed to be first holden for the registry of voters ^recS vSers for counties, cities, towns, and boroughs, it shall be lawful for may be regis- any person claiming a right so to be registered to apply for or^quanfr ses- ^ that purpose at any sessions of the peace or adjournment thereof sions. to be held by and before the assistant barrister or chairman of the proper county, and by and before the assistant barrister or chairman by the said schedule (A.) to this act annexed author- ised to register voters for such city, town, or borough, upon giving to the clerk of the peace a notice of his intention so to do, in the form herein provided, twenty clear days at the least before the day appointed for the holding of such general or quarter session, and if within a county at large, in the division within which the freehold or leasehold interest intended to be registered shall be situate ; and the clerk of the peace or his deputy shall in such case proceed in all respects in the same manner as herein-before prescribed with relation to applications for registering voters at the first session for that purpose, hereby directed ; and the assistant barrister of such county, or chair- man, is hereby authorized and required to hear and determine such applications at such general or quarter sessions, and at the commencement- of such sessions, and before any other business, civil or criminal, in the same manner in all respects as is herein- before provided with respect to applications to register at the sessions for that purpose to be first holden under this act ; and thereupon the same proceedings shall and may be had, the like orders made, the like oaths taken, the like certificates granted, the like rights and powers of appeal enjoyed and exercised, and the like rules and regulations, enactments and things, observed, performed, and followed, as if such application had been made at the first session for registering votes directed to be held under this act ; provided always, that a certificate of a former registry under this act shall be deemed and taken to be primd facie evidence of the right of voting ; and that any person, having given notice of his intention to register anew under this act, shall, upon producing or causing to be produced such for- mer certificate at the sessions for that purpose to be held, be entitled and admitted to register his vote, and to obtain a new 382 REFORM ACT 2, 3 WiLL. IV, C. 88. [aPPENDIX I. Certificate of registry to be given to each registered voter. Voters register, ing at first ses- sions to be entitled to vote immediately, others after six months. Clerk of the peace to appoint a deputy to be present at each polling place. certificate under this act, without further proof or oath, unless cause to the contrary shall appear, and shall by virtue of such new certificate be entitled to vote at any election or elections to be held within eight years next after the obtaining of such new certificate. s. 28. And be it enacted, that upon any person being under this act declared entitled to be registered as a voter, the clerk of the peace or his deputy shall, upon payment to him of the sum of one shilling, give to the person so declared entitled a certificate on parchment, signed by such clerk of the peace or his deputy, as also by the barrister, chairman, or judge, de- claring such right, that such person has been registered as a voter for such county, city, town, or borough, and the character and right in which he has been so registered, and the date of such registry as aforesaid, and shall then and there make an entry of such certificate at the foot of the voter’s affidavit of registry, and sign his name to such entry ; and which certificate shall be the proper evidence of the right of the person named therein to vote : provided always, that in the absence of such certificate, the voter shall be entitled to refer to his original affidavit of registry, with the entry thereon, in the hands of the deputy clerk of the peace, and which original affidavit such de^ puty is required immediately to produce to the returning officer or his deputy, s. 29. And be it enacted, that every person who shall duly register as a voter within this act at the first session for regis- tering his vote within this act shall be thereupon forthwith entitled to vote at any election to be held in and for the county, city, town, or borough for which such voter shall be registered ; and that any person who shall at any time after such first ses- sion duly register his vote according to the provisions of this act shall be entitled to vote at any election to be held by virtue of any writ tested six calendar months at least after such re- gistry. s. 30. And be it further enacted, that the clerk of the peace at every election of a member to serve in parliament for any county, city, town, or borough, shall appoint, or in failure thereof the returning officer or officers shall appoint, a deputy clerk of the peace, and likewise an assistant to such deputy, to be pre- sent in each booth or place of polling, who shall take with him into such place of polling all the original affidavits and affirma- tions which have been made by the persons capable of voting in such place of polling respectively, any act to the contrary not- withstanding ; which affidavits or affirmations the clerk of the peace is hereby required to have arranged alphabetically in se- parate parcels, (one or more for each letter of the alphabet) and indorsed with the names of the persons by whom the same were respectively made, and also with the number of the entry of affidavit or affirmation in the registry book ; and that in those cases wherein a certificate of registry shall not be produced by the person tendering his vote or offering to poll, such deputy shall, on the demand of the person offering to poll, produce the PART IV.] REFORM ACT 2, 3 WlLL. IV. C. 88. 383 original affidavit or affirmation of the registry of such person ; and that such deputy clerk of the peace shall be entitled to re- ceive the sum of ten shillings, and no more, for each day of his attendance, any act to the contrary notwithstanding ; and such assistant to such deputy shall be entitled to receive the sum of five shillings for each day of his attendance ; and that if such deputy, or such assistant to such deputy, shall alter, deface, destroy, or lose any affidavit or affirmation of registry committed to his care, he shall forfeit the sum of ten pounds for every such offence to any person suing for the same, by action of debt, at any general quarter sessions of the peace. any future parliament, by virtue of any registry under this act, years^^^^ unless he shall have registered within eight years next before such election. s. 32. And be it enacted, that no registry hereafter to be Registry eon. made shall be valid unless made conformably to the provisions of this act. s. 33. And be it enacted, that in case any exigency shall Assistant barris. render it necessary for any assistant barrister or chairman to adjourn any session for the registry of votes so appointed to be necessary, holden, or in case he shall be so directed by the Lord Lieu- tenant, it shall be lawful for him to adjourn and continue the same, as circumstances may require, either to the same place, or to such other place or places as the Lord Lieutenant shall direct. s. 34. And be it enacted, that any person registering under this act shall be exempted from the payment of any fee what- e^en^t^rom ever for filling the certificate or other duty in respect of such fees, but l.y. to registry, save only such fee of one shilling to the clerk of the peace as by this act is provided. s. 35. And be it further enacted, that the clerk of the peace Clerk of the for each county, city, town, and borough returning a member or members to parliament shall, under the direction and with the betical list ot advice of the chairman or barrister, as the case may be, on or voters, before the first day of February in each and every year, exa- mine, correct, and make out complete alphabetical lists of the registered voters in each county, city, town, and borough in which he has acted in making such registry as aforesaid, with the dates of their registries respectively annexed, and shall, at the expense of such county, city, town, and borough respec- tively, on or before the said first day of February in each year, cause such lists to be printed, and posted in some conspicuous places in the counties, cities, towns, and boroughs to which such lists respectively relate, and shall also deliver to any per- son applying for the same a copy of each such printed list, upon being paid one shilling for each such copy. s, 36. And be it enacted, that the expenses of printing the Expenses of notices and postings hereby directed shall be defrayed by the S”postmg*and^^ clerk of the peace in such county, city, and town respectively ; publication, to and the grand jury of each such county, city, and town, as the the^coJurty^ 384 REFORM ACT 2, 3 WiLL. IV. C. 88. [ APPENDIX I, In what case barrister, &c. ineligible. Cork ridings deemed counties. Persons refusing to give evidence to be subject to a fine. Forgers of cer- tifieate or oath to be punishable by transporta- tion for seven years, or by im- prisonment for three years. Quakers or Mo- ravians may affirm. Taking oath or affirmation falsely to be perjury. case may be, are hereby required, at the next assizes, or pre- senting term after such notices and postings, to present to be levied off their respective counties, in the same manner as other sums are authorised to be presented by such grand juries, all such sums as shall have * been necessarily disbursed by such clerks of the peace respectively, which sums shall be paid to such clerks of the peace. s. 37. And be it enacted, that no barrister or chairman shall be eligible to serve in parliament for any county, city, town, or borough sending a member or members to parliament, in which he shall have exercised jurisdiction under this act as such bar- rister or chairman, for seven years after he shall have exercised such jurisdiction. s. 38. And be it enacted, that each riding in the county of Cork shall be deemed to be a county for the purpose of regis- try under this act. s. 39. And be it enacted, that if any person shall refuse to be sworn or to give evidence before any judge, barrister, chair- man, or jury, upon the investigation of any claim to register under this act as aforesaid, without sufficient lawful excuse to be allowed by such judge, barrister, or chairman, it shall be lawful for such judge, chairman, or barrister to order such per- son to pay a fine not exceeding ten pounds, to be applied to the use of the infirmary of the county, city, or town respec- tively, or such charitable institution as the judge, chairman, or barrister shall think fit, or in default thereof to commmit such person to the gaol of the said county, city, or town respectively for any term not exceeding two calendar months. s. 40. And be it enacted, that if any person shall forge or counterfeit the signature of any judge, chairman, barrister, or clerk of the peace, to any order, certificate, or instrument in writing purporting to be an order or certificate within this act, or the signature of any person to any oath or affirmation within this act, or shall knowingly utter or publish as true and genuine any such forged or counterfeited order, certificate, instrument, writing, oath, or affirmation, every person so offending shall be deemed guilty of felony, and shall be liable at the discretion of the court before which he shall be tried, to be transported beyond the seas for the term of seven years, or to be impri- soned, with or without hard labour, for any term not exceeding three years. s. 41. And be it enacted, that in every case wffiere an oath is by this act required to be taken, every person being a Mo- ravian or Quaker, may make affirmation in the form prescribed hereby for each such oath respectively, and that all provisions herein contained relative to any oath shall respectively extend and apply to every such affirmation. s. 42. And be it enacted, that if any person shall, in any oath or affirmation to be taken under this act, wilfully and cor- ruptly swear or affirm falsely, such person shall be deemed guilty of perjury, and be liable to the same pains, penalties, and 385 PART IV.] REFORM ACT 2, 3 WiLL. IV. C. 88. punishments as any person is now liable to for wilful and cor- rupt perjury. s. 43. And be it enacted, that the sheriff of each county, Officers to attend city, and town in Ireland, or his under sheriff, and also the clerk of the peace or his deputy, and town clerks, for each such county, city, town, or borough, or his deputy, and the high constable of the barony in which each and every such court of sessions as by this act is directed shall be held, and such num- ber of other constables as the assistant barrister or chairman shall deem sufficient, shall attend the court from day to day during the continuance of such sessions ; and every clerk of the peace and town clerk, or deputy, as the case may be, attending any such sessions, shall take with him and from day to day attend with such original affidavits or affirmations, and all and every such book and registry, as under and by virtue of the laws now in force in Ireland, or under this act, such clerk of the peace or town clerk, or his deputy, is required to keep or to attend with and produce at any election or place of polling in Ireland, s. 44. And be it enacted, that in the county of Dublin all Rej^stry of voters to be registered under this act shall be registered before the chairman of the sessions of that county, and in the city of lin and in the Dublin before the said chairman, who shall for such purpose Dublin, hold a session four times in each year, at such times and places as the Lord Lieutenant or other chief governor or governors of Ireland shall appoint, and that such registry shall be con- ducted in the same manner in all respects as before the assistant barrister in any other county, city, or town ; and such chairman shall have, exercise, perform, and discharge every power, jurisdiction, right, authority, duty, and function hereby vested in or given to any such assistant barrister ; and in any case where an appeal is hereby allowed from the order of an assistant barrister to the judge of assize the like power of appeal from any order of such chairman shall and may, in the case of any voter in the county of Dublin and city of Dublin respec- tively, be enjoyed and had to a judge of any of his Majesty’s superior law courts of record in Dublin at nisi prius, at the sit- tings for the city of Dublin next after such order made, and the judge to which any such appeal shall be made shall proceed with respect thereto in the same manner as any judge of assize is hereby authorized or required to proceed. s. 45. And be it enacted, that every session to be held for Power to the registering voters within this act shall be deemed a court of record ; and that it shall be lawful for every barrister or chair- peace, &c. for man before whom such court shall be held, from time to time breach of duty, as there shall be occasion, to fine the clerk of the peace or his deputy, the town clerk or his deputy, or the sub-sheriff of the county, city, or town for which the said court shall be held, and any high or other constable, who shall respectively be guilty of any breach of duty in the execution of this act, in any sum not exceeding five pounds, and, at his discretion, to fine in any sum not exceeding forty shillings, or to commit to prison for any time not exceeding a fortnight, any person whatsoever who shall 2 k 3S6 REFORM ACI % 3 WiLL. IV. C. 88. [aPFENDIX I. ral quarter sessions to be holden under this act. disturb the court so to be held by him for registering voters as aforesaid, or who shall be guilty of any other contempt of the said court. s. 46. Provided always, and be it further enacted, that it Freeholds of the lawful for any freeholder who may be entitled by law not less than bOl to register a treehold m any county, county of a city, or county may be ^^is- of a town in Ireland, of the annual value of not less than fifty specia^^or gene- pounds, and for every clergyman who claims to vote as a free- holder in right of his benefice, to register such freehold either at the special or any general quarter sessions to be holden under this act or to register such freehold by taking and subscribing the proper oath by the schedule to this act annexed prescribed, in any of the superior courts of record in Dublin, or before a judge at the assizes, in the manner now by law authorized ; and the said oath shall be subscribed by one of the judges of the court before whom the same was taken, and being delivered to the clerk of the peace, shall be signed by him, and kept amongst the records of the proper county ; and each such freeholder shall be thereupon entitled, upon payment of the fee of one shilling, to receive, at any quarter sessions of the peace for the division of the county in which his freehold shall be situate, a certificate of his registry as a voter for such county, city, or town respectively ; which certificate shall be in the form by this act prescribed, and shall be signed by the assistant barrister and clerk of the peace, or his deputy, and shall be of equal validity with any certificate to be granted under this act, and subject to the same provisions. s. 47. And be it enacted, that no person shall be allowed to have any vote at any election of a member or members to serve in parliament for or by reason of any trust estate or mortgage, unless such trustee or mortgagee be in actual receipt of the rents and profits of the same estate, but that the cestuique trust or mortgagor in possession shall and may register and vote for the same estate, notwithstanding such trust or mortgage. s. 48. And be it enacted, that after the end of the present parliament all booths erected for the convenience of taking shall be erected at the joint and equal expense of the without his con- several candidates, and the same shall be erected by contract, he at the candidates if they shall think fit to make such contract, expense of ./.i in i i ini booths and poll or it they shall not make such contract, then the same shall be clerks. erected by the sheriff, or other returning officer or officers, at the expense of the several candidates as aforesaid ; and the deputies appointed by the said sheriff or other returning officer or officers, shall be paid each two guineas by the day, and the clerks employed in taking the polls shall be paid each one guinea by the day, at the expense of the candidates at such election ; provided always, that if any person shall be proposed without his consent, then that the person so proposing him shall deposit or give se- curity in a sufficient sum to defray his share of the said expenses Copies of the re- iji^e manner as if he had been a candidate, to^be^made for^ s. 49. And be it enacted that the sheriff or other returning each booth. officer shall, before the day fixed for the election, cause to be made, for the use of each booth at such election, a true copy Provision as to trustees and mortgagees. Candidate or 387 PART IV.] REFORM ACT 2, 3 WiLL. IV. C. 88. of the register of voters, and shall under his hand certify every such copy to be true. s. 50. And be it enacted, that every deputy of a sheriff or other returning officer shall have the same power of adminis- tering the oaths and affirmations required by law as the sheriff or other returning officer has by virtue of this or any other act, and subject to the same regulations and provisions in every respect as such sheriff or other returning officer ; and that such oaths shall be agreeable to the forms by law required, or as near thereto as may be. s. 51. And be it further enacted, that whenever, in any one barony or half barony of the county, or in any county of a city polling places to or county of a town, or in any borough, the number of regis- ^yhereYhei tered voters appearing by the books of the clerk of the peace shall exceed capable of voting, at any election for the same shall exceed six hundred voters, it shall and may be lawful for the returning officer or officers, and he and they are hereby required, to pro- vide two or more polling places for such barony or half barony,or for such county of a city or county of a town, or borough, and to make such a division or divisions of the voters, according to the first letters of their names, that it shall not be necessary for more than six hundred voters to poll in any one place of polling, but so as not to divide the names beginning with the same let- ter of the alphabet ; and that it shall and may be lawful for the returning officer or officers, and he and they are hereby required ‘to provide as many new places of polling as may be necessary for the purpose, and to appoint as many additional deputies and poll clerks as shall be necessary to take the poll in such additional places of polling, not exceeding one deputy and one poll clerk for each such place of polling ; and provided always, that in case the number of voters in any two or more baronies or half baronies in any county shall not exceed the number of six hundred voters, it shall be lawful for the returning officer or officers, and he and they are hereby required to provide that the poll for such baronies and half baronies shall be taken in one place of polling only. s. 52. And be it further enacted, that from and after the Poll to com- passing of this act every poll which shall be demanded at any mence on the 1 X • T xi* day the same election oi a member or members to serve in parliament tor ghaii be de- any county, city, town, or borough in Ireland shall commence manded. on the day upon which the same shall be demanded, or upon the next day after (unless such day shall happen to be a Sun- day, Christmas Day, or Good Friday, and in such case on the day next after), and shall be duly and regularly proceeded in from day to day for so many hours of each polling day as the returning officer or officers are now by law directed to keep the poll open in counties at large ( Sunday, Christmas Day, and Good Friday excepted), until the same shall be fin- ished, but so that no poll shall continue more than five days at the most ( Sunday, Christmas Day, and Good Friday always excepted) ; and if such poll shall continue until the fifth day, then the same shall be finally closed at or before the hour of 3S8 REFORM ACT 2, 3 WiLL. IV. C. 88. [aPPENDIX I. Poll to close when no more than twenty persons have polled during’ tJie day. Certificate to be conclusive of Tight of voting ; and no inquiry at poll, save by affidavit in schedule (B.) All election laws to remain in force, save when altered by this act five o’clock in the afternoon of the same day ; and the return- ing officer shall immediately after the final close of the poll declare the name or names of the person or persons having the majority of votes in such poll, and shall forthwith make a return of such person or persons. s. 53. Provided always, and be it further enacted, that it shall and may be lawful for the returning officer at any such election, and he is hereby required, on any day during such election after the first day of polling, to close .finally the poll, in any booth or place of polling in which no more than twenty persons have polled during that day : provided always, that in case it shall appear to the returning officer, upon the evidence of two or more credible persons, taken upon oath, and which oath the returning officer is hereby empowered to administer, that any persons intending to offer themselves to poll in such booth or place of polling have been prevented by force or vio- lence from coming to the same for the purpose of polling on that day, that then and in such case it shall be lawful to and for the returning officer to keep such booth or place of polling open for another day, and so on from day to day, if such force or violence be repeated, and be found to have taken place upon such evidence as aforesaid, to the satisfaction of the returning officer, and for such purpose to delay the final close of the poll and. the return so long as may be necessary. s. 54. And be it enacted, that the certificate by this act di- rected, or in default of its production the original affidavit of registry, shall be conclusive of the right of voting of the person named therein ; and that the returning officer or his deputy, upon the production of such certificate or affidavit by such per- son, and upon his taking the oaths herein-after mentioned, if required so to do, shall admit such person to vote without any other oath or examination, and shall indorse the initials of his name thereon, with the day and year when the same was produced ; and that no inquiry whatever as to the right of voting of such person shall be permitted to be made, nor shall any scrutiny be allowed ; save only that the sheriff, returning officer, or his deputy, shall, if required by any candidate or his agent, and he is hereby authorized so to do, immediately before the polling of any voter, administer to such voter the oath in the schedule (B.) to this act annexed ; and provided also that the oath against bribery may be administered, at the desire of any candidate, to any person tendering his vote, in like manner as the same might be administered before the passing of this act ; and provided always, that if such person so tendering his vote shall appear by such certificate to have before voted at such election, or shall refuse to take the said oaths or either of them wdien required so to do, the sheriff, returning officer, or his deputy shall reject such vote. s. 55. And be it enacted, that all law's, statutes, and usages now in force respecting elections of members to serve in par- liament for any county, city, town, or borough in Ireland, shall, save so far as they are respectively repealed or altered by this act, PART IV.] REFORM ACT 2, 3 WiLL. IV. C. 88. 389 remain, and they are hereby re-enacted and declared to be in full force ; and that all elections for any member or members to serve in this present parliament, to be hereafter had, shall be held and made as if this act had not been passed. s. 56. Provided always, and be it further enacted, that if a ^ adia' dissolution of this present parliament shall take place after the ment before re-' passing of this act, and before the termination of the special gjstry, the new sessions for any county, city, or town, to be first holden under take^eSSt the provisions of this act, in such case such persons only shall without regis- be entitled to vote at the election of members to serve in a new parliament for such county, city, or town, as would have been entitled to register their votes under this act if the day of elec- tion had been the day for such registry, and such person shall be entitled to vote in such election, although they may not be registered acc6rding to the provision of this act, any thing herein contained notwithstanding. s. 57. And be it enacted, that if any sheriff, clerk of the Penalties on ofh. peace, town clerk, returning officer, or other person, shall wij- breach fully contravene or disobey any provisions of this act, he shall for each such offence be liable to be sued for the sum of one hundred pounds, to be recovered by an action of debt or infor- mation, in the name of his Majesty’s attorney-general, or any other person, in any of his Majesty’s superior courts of record at Dublin ; and the jury may in any such action find a verdict for the sum of one hundred pounds, or for any sum not less than ten pounds, as they shall think just ; and the defendant against w^hom such verdict shall be found shall pay the amount thereof, with full costs of suit, to the use of his Majesty, or of the person suing. s. 58. And be it enacted, that nothing herein contained shall in anywise prejudice or effect the right of any party grieved by any such misconduct of any sheriff, returning officer, or other person, to recover in an action on the case for a false re- turn, or such other action as such person may by law be then entitled to maintain. s. 59. And be it enacted, that if any person, at the time of any election, being in the enjoyment of any office disqualify- subieet^to^enak ing him from voting at such election, or being otherwise dis- ties, and liable qualified, or having ceased to be qualified, shall, notwithstand- tfon^tcf Hou^e of ing, presume to vote at such election, such person shall forfeit Commons, to his Majesty a sum of one hundred pounds, and shall be liable to all penalties, forfeitures, and provisions, to which he would have been subject for such offence by any law in force at the time of committing the same ; and in case of a petition to the House of Commons for altering the return, or setting aside the election at which such person shall have voted, his vote shall be struck off by the committee, with such costs as to them shall seem meet, to be paid by him to the petitioner. s. 60. And be it enacted, that in addition to the persons now i^/fheUniverstTy qualified to vote at the election of a member to serve in par- of Dublin conti. liament for the University of Dublin^ every person, being of the age of twenty-one years, who has obtained or hereafter shall ob- iar‘; lony' a'h; 2 3 890 REFORM ACT 2, 3 \VlLL» IV. C. 88 . [aPPENDIX U their names are kept in the books of the Uniyer- sity. Scholars and fel- lows who have removed their names may re- place them on the books of the University. Explanation of terms used. Clerg-ymen to re- g-ister {IS free- holders. Separate free- holds to b(* coimted, in esti- mation of value, jis one freehold. Abolition of can. tionary notices to voters. 1 G. 4, c. JJ. tain the degree of master of arts, or any higher degree, or a scholarship or fellowship in the said University, and whose name shall be upon the books of the said University, shall be entitled to vote at any election of a member or members to serve in any future parliament for the said University, so long as the name of such person shall be kept, and continue to be kept, on the books of the said University as a member thereof, subject, how- ever, and according to the rules and statutes of the said Uni- \ versity ; provided always, that no person shall be entitled to vote at any election of a member or members to serve in any H future parliament for the said University by reason of any de- \ gree of a purely honorary nature. s. 61. And be it further enacted, that every person who now is a master or bachelor of arts, or of any higher degree, or w ho has been a scholar or fellow of the said University, and who shall have voluntarily removed his name from the books of the said University, shall be entitled, within six months after the passing of this act, and not after, to replace the same thereon, upon payment of the sum of two pounds ; and that every per- son whose name shall be continued upon the said books for the purpose of entitling him to vote at the election of members to serve in parliament for the said University shall be liable to pay to the said college an annual sum of one pound, and no more ; and that upon the refusal of any such person to pay the annual sum of one pound, within one month after the same shall have been demanded, his name shall be removed from said books, and shall not be again replaced thereon. s. 62. And be it enacted, that the words “ city, town, or bo- rough,” used in this act, shall be construed to include all places, whether corporate or otherwise, entitled to send a member or members to parliament ; and that the words “ returning officer,’’ used in this act, shall be construed to include every person by his office entitled to preside at the election of a member or members to serve in parliament, and to include several persons so entitled. s. 63. And be it enacted, that no clergyman shall be permit- ted to vote as such at any election of a member or members to serve in any future parliament, unless his name shall have been duly registered as a freeholder under this act. s. 64. And be it declared and enacted, that every person en- titled to two or more freehold estates or interests in any county, county of a city, or county of a town in Ireland, the annual value whereof shall in the aggregate amount to ten pounds, ac- cording to the mode of valuing freeholds by this act prescribed for the qualification of electors, and who shall in all other re- spects be duly qualified, shall be admitted to register and vote according to the provisions of this act, as if said separate free- hold were one freehold, although no one of such freehold estates may be of such annual value of ten pounds, according to such mode of valuation. s. 65. And whereas by an act passed in the first year of his late Majesty’s reign, intituled An act for the better regulation of 89J PART IV.] reform act — 2, 3 Will. IV. c. 88. Polls, and for making further provision touching the election of members to serve in Parliament for Ireland, it is enacted, that if any person shall vote at any election by virtue of the registry of an alleged freehold, under a lease of lands and tenements for a life or lives made by the lessor, who had not at the time of making the same a freehold estate therein, or under a lease of lands or tenements for a life or lives, which lease is to end and determine on some such covenant or condition that a freehold estate has not been demised by the same^ or under a lease of lands or tenements, for a life or lives, or a certain number of years, which life or lives is or are dead, or under a lease of lands or tenements for a life or lives, which lease has expired or been surrendered, after due notice not to vote by virtue of any such registry shall have been given to such person by any candidate, or by any inspector of any candidate, and which notice every candidate and inspector is thereby authorized and empowered to give such person at any time before or during such election, or in the place of polling, such person, on being convicted thereof, shall forfeit to any person who shall sue for the same the sum of twenty pounds, to be recovered by him or them, with treble costs of suit, by action of debt, at any general quarter sessions of the peace, or at any assizes that may be held for the county in which such election shall have taken place : And whereas by an act passed in the fourth year of his late Majesty’s reign, in- tituled An act to consolidate and amend the several acts then in 4 G. 4, c. 5S, force, so far as the same relate to the election and return of mem- bers to serve in parliament for counties of cities and counties of towns in Ireland, a similar provision is made with reference to such counties of cities and counties of towns : And whereas the giving of such cautionary notices by candidates and inspectors, at and during the time of an election, and in the place of polling, has been productive in many cases of vexatious delays and in- convenience to voters, and is inexpedient and unnecessary, be it therefore enacted, that from and after the passing of this act, so much of the said recited acts of the first and of the fourth year of his late Majesty’s reign as authorizes and empowers every candidate and inspector to give such cautionary notices to voters at any time before or during the elections in Ireland, or in the place of polling at such elections, and as renders it ne- cessary that such notices shall have been so given to any person voting by virtue of the registry of the said therein recited alle- ged freeholds, in order to such person being or becoming sub- ject to and incurring the penalties thereby imposed, shall be and are hereby repealed ; provided always, that nothing herein contained shall exempt or be construed to exempt from such penalties any person who, at the election of any member or members to serve in parliament for any county, or county of a city, or county of a town in Ireland, shall vote by virtue of the registry of such alleged freehold as aforesaid ; but such person, on being convicted thereof, notwithstanding the w^ant of such notice by any candidate or inspector, shall forfeit to any person or persons who shall sue for the same the said sum of twenty 392 Lord Lieutenant may depute duty of presiding at the special ses- sions to be first held under this act, to barristers of not less than six years’ stand- ing. ('ompensation to Assistant-bar- risters, clerks of peace, &c. REFORM ACT 2, 3 WiLL. IV. C. 88. [aPPENDIX I. pounds, to be recovered by him or them, with treble costs of suit, by proceeding in the nature of civil bill, at any general quarter sessions of the peace that may be held for the county, or county of the city, or county of the town, in which such elec- tion shall have taken place, or by action of debt in any of his Majesty’s courts of record in Ireland, s. 66. And be it further enacted, that the Lord Lieutenant or other chief governor or governors of Ireland shall be and are hereby authorised, by warrant under his or their hand, to appoint, for the duty of presiding^ at the special sessions to be first held for registering voters under this act, in any county, city, town, or borough, or in any two or more of such coun- ties, cities, towns, or boroughs, any barrister or barristers of not less than six years’ standing at the Irish bar, to be assistant to or deputies of the assistant barrister or chairman : and when two or more barristers shall be appointed for the same county, riding, city, town, or borough, they shall attend at the same place together, but shall sit apart from each other, and hold se- parate courts at the same time for the dispatch of business ; and that all the powers, duties, rights, and privileges given or imposed by this act to or upon any assistant barrister or chair- man are and shall be by virtue of such warrant given to and imposed upon such assistants or deputies ; and that all acts to be done by such deputies or assistants shall be of the same efficacy in law as if done by the assistant barrister or chairman upon whom such duties would have otherwise devolved under this act. s. 67. And be it further enacted, that every barrister ap- pointed to preside at any special sessions under this act (such barrister not being an assistant barrister or chairman) shall be paid at the rate of five guineas for every day that he shall be so employed, over and above his travelling and other expen- ses ; and every such barrister, after the termination of his last sitting, shall lay or cause to be laid before the Lord Lieutenant or other chief governor or governors of Ireland a statement of the number of days during which he shall have been employ- ed, and an account of the travelling and other expenses incur- red by him in respect of such employment ; and such Lord Lieutenant or other chief governor or governors shall make an order for the amount to be paid to such barrister out of the consolidated fund ; and in order to provide a remuneration for the assistant barristers or chairman for the additional labour im- posed on them by this act, it shall and may be lawful for the said Lord Lieutenant or other chief governor or governors to direct that the said assistant barristers and chairman shall be paid, in addition to the salaries now by them receivable, such yearly sum, not exceeding in any case the sum of one hundred pounds, at the discretion of the said Lord Lieutenant or other chief governor or governors, as he or they shall by w^arrant un- der his or their hand direct, such additional salaries to be pay- able at the same time and in the same manner as the salaries of the said assistant barristers are now payable. 393 PART IV.] REFORM ACT 2, 3 WiLL. IV. C. 88. s. 68. Provided always, and be it further enacted, that in order to enable the chairman of the sessions for the county of Dublin to discharge the duties imposed on him by this act, with regard to the registry of voters in and for the city of Duhliny at such sessions as are to be holden for that purpose after the first or special sessions for registering voters, it shall and may be lawful for the chairman of the sessions of the county of Dublin to discharge the duties of such subsequent registries in and for the city of Dublin by a sufficient deputy, to be ap- pointed by such chairman for that purpose, and which deputy shall be a barrister of six years standing at the least at the Irish bar, and shall be approved of by the Lord Lieutenant or other chief governor or governors of Ireland; and that all the pow- ers, duties, rights, and privileges given or imposed by this act upon such chairman respecting such registries are and shall be, by virtue of such appointment and approbation as aforesaid, given to and imposed on such deputy ; and that all acts done by such deputy respecting such registries in and for the said city of Dublin shall be of the same efficacy in law as if done by the said chairman himself ; and such deputy shall, at the end of each sessions, be paid and remunerated in the same manner and at the same rate as any other deputy appointed to register votes under this act. s. 69. And be it further enacted, that this act may be a- mended, altered, or repealed by any act or acts to be passed in this present session of parliament. In what cases chairman may perform his du. ties by deputy. Act may be amended, &c. 394 REFORM ACT 2, 3 WiLL. IV. C. 88. [aPPENDIX SCHEDULES TO WHICH THE FOREGOING ACT REFERS. SCHEDULE (A.) LIST OF ASSISTANT BARRISTERS AND CHAIRMAN BE. FORE WHOM SESSIONS FOR REGISTERING VOTES IN EACH CITY, TOWN, OR BOROUGH ARE TO BE HELD. SESSIONS FOR BEFORE. Armagh borough Athlone borough Bandon Bridge borough Belfast borough Carlow borough Carrickfergus borough - Cashel borough Clonmel borough Coleraine borough Cork city Downpatrick borough - Drogheda borough Dublin city Dundalk borough Dungannon borough - Dungarvan borough Ennis borough Enniskillen borough Galway town Kilkenny city - Kinsale borough Limerick city Lisburn borough Londonderry city Mallow town Newry borough - Portarlington borough - Ross (New) borough - Sligo borough - Tralee borough Waterford city Wexford borough Youghal borough Assistant-barrister of Armagh county. Assistant-barrister of Westmeath county. Assistant-barrister of West Ridjng of Cork co. Assistant-barrister of Antrim county. Assistant-barrister of Carlow. Assistant-barrister of Antrim county. Assistant-barrister of Tipperary county. Assistant-barrister of Tipperary county. Assistant-barrister of Londonderry county. Assistant-barrister of East Riding of Cork co. Assistant-barrister of Down county. Assistant barrister of Louth county. Chairman of sessions of county of Dublin. Assistant-barrister of Louth county. Assistant-barrister of Tyrone county. Assistant-barrister of Waterford county. Assistant-barrister of Clare county. Assistant-barrister of Fermanagh county. Assistant-barrister of Galway county. Assistant-barrister of Kilkenny county. Assistant-barrister of East Riding of Cork co. Assistant-barrister of Limerick county. Assistant-barrister of Antrim county. Assistant-barrister of Londonderry county. Assistant-barrister of East Riding of Cork co. Assistant-barrister of Down county. Assistant-barrister of Queen’s county. Assistant-barrister of Wexford county. Assistant-barrister of Sligo county. Assistant-barrister of Kerry county. Assistant-barrister of Waterford county. Assistant-barrister of Wexford. Assistant-barrister of East Riding of Cork co. PART II.] REFORM ACT 2, S WiLL. IV. C. 88. 395 SCHEDULE (B.) Oath to he taken by Voters at Polling, before returning officer, sheriff, or his deputies, if required on behalf of any candidate. \ A. B., do swear, \or, being a Quaker, do affirm,] that I am the same \_A, J5.] whose name appears registered in the certi- ficate or affidavit now produced ; and that my qualification as such registered voter still continues ; and that I have not before voted at this election ; and [in the case of householders in cities, towns, and horo^ighs,'] that not more than one half year’s grand jury or municipal cesses, rates, or taxes, are now due or payable by me in respect of the premises in this certificate mentioned. SCHEDULE (CO No. 1. Form of Notice for holding the first session for registering voters under this act. County, City, Town, ^of [as the case may be] or Borough. Notice is hereby given, that a session for the purpose of re- gistering the names of persons entitled to vote at the election of members [or a member] to serve in parliament for the county of [or the city of or the county of the town of or the borough of as the case may be] pursuant to an act passed in the second and third year of the reign of King William the Fourth, will be holden at in the said county of [or the city of or the county of the town of or borough of as the case may be,] on the day of next, by and before the assistant barrister of the county of [or before the chairman, or barrister, as the case may be] at which time and place applications of persons claiming to be entitled to vote at such elections will be received and taken into consideration. Dated this day of Clerk of the Peace of the said County or [or County of the City, or County of the Town.] 396 REFORM ACT 2, 3 WiLL. IV. C. 88. [aPPENDIX I. SCHEDULE (C.) No. 2. Form of Notice to he given of application to he Registered as a Voter for a County^ City, Town, or Boroughs Sir, — Take notice, that it is my intention to apply to be re- gistered as a person entitled to vote at elections of a member or members to serve in parliament for the county of [or for the city, town, or borough] of and the particulars of my claim are as follows : — Name, Descrip- tion, and Resi- dence of Appli- cant. In what Right Claiming. Description of Proper- ty, if the same be in re- spect of Property, with name of Barony, Town- land, Parish, Street, or Denomination, or Place where situate. Yearly Value to be Registered. X. Y. of Yeoman, &c. Freeholder. Leaseholder. Householder. Freeman. Rent-charge. SCHEDULE (C.) No. 3. List of Applications to he entered hy the Clerk of the Peace, No. Name, Description, and Residence of Applicant. Description of Property, with Name of Townland, Parish, Street, &c. and Right in which Registry is claimed. Yearly Value to be Registered. PART IV.] REFORM ACT 2, 3 WiLL. IV. C. 88. 397 SCHEDULE (C.) No. 4. Oath of Freeholders Registering a Freehold of the value of Twenty Pounds or upwards^ not arising from a Rent-charge^ in any County, City, or Town, \ A. B, in the county [or of in the city, town, or borough of ] Esquire, clerk, [or as the description zs,] do sw^ear, that I am a freeholder in the county, city, or town of and that I have now a freehold therein arising from a house [or houses, lands, or both, or other hereditaments, as the case may he,'] lying and being at [naming the street or place where such house or houses or other hereditaments shall he situate or arise,] in the county [city or town] of of the clear yearly value of fifty pounds, or twenty pounds [fls the case may he,] at the least, above all rent and charges payable out of the same, except only public or parlia- mentary taxes, county, church, or parish cesses or rates ; and that the said freehold does not arise from a rent-charge ; and that I have not accepted or procured the said freehold fraudu- lently, nor in exchange for any freehold in any other county, city, town, or borough. So help me God. SCHEDULE (C.) No. 5. Oath to he taken hy Rent-charger in any County, City, or Town, I A. B, of in the county [or city or town] of Esquire, [or as the description is,] do swear, that I am a freeholder in the countj^ of the city [or town] of and that I have a freehold therein of the clear yearly value of twenty pounds at the least above all charges payable out of the same, consisting of a rent-charge, granted by deed or instrument bearing date the day of in the year by A. B. of on the lands of [naming the lands, house or houses, or other hereditaments mentioned in such deed] in the county [city or town] of ; and that I am in the possession thereof to the clear amount of twenty pounds yearly, and am entitled to receive the same as it be- comes due, to and for my owm sole use and benefit ; and that I have not procured or accepted the same fraudulently, nor in exchange for a freehold in any other county [city or town.] So help me God. 2/ REFORM ACT 2, 3 WiLL. IV, C. 88. APPENDIX I.] SCHEDULE (C.) No. 6. Oath of Freeholder registering a Freehold of the annual value of Ten Pounds in any County, City, or Town, I E, F. of in the county [city or town] of yeoman, [or as the case may be,] do swear, that I am a freeholder of the county [county of the city or the town] of and that I have a freehold therein arising from a house [or houses, land, or both, as the case may be,] of the clear yearly value of ten pounds above all rent and charges payable out of the same, except only public or parlia- mentary taxes, county, parish, or church cesses, or rates and cesses on any townland or division of any parish or barony, ly- ing and being at [naming the towmland or townlands, or other denominations by which the place is generally known, and the barony or baronies, or the parish, and street or streets of the county, city, or town, as the case may be, wherein it is situate,] in the county, city, [or town,] of ; and that the said freehold does not arise from a rent-charge, and that the same arises by virtue of the deed, lease, or instrument, bearing date the day of in the year [or otherwise stating the nature of the title, as the case may be] ; and that I am in the actual occupation thereof, by residing thereon, [or by tilling or by grazing, or by both tilling and grazing, as the case may be] ; [and where the freehold is held by any deed, lease, or instrument, adding these words, and that the freehold is not let or agreed to be let to the person or persons wLo executed the said deed or instrument, or to the heirs or assigns of such person or persons, or to any one in trust for him, her, or them, nor do I intend to let the same, or any part thereof, to such person or persons, or any of them, and that I have not agreed to let it for the term for which I hold it] ; and that I have not procured or accepted the said freehold fraudulently, nor in ex- change for a freehold in any other county, city, or town. So help me God. SCHEDULE (C.) No. 7. Oath of Leaseholder registering a I^easehold in any County, City, or Town, I E. F, of in the county [or city or town] of farmer, [or as the case may be], do swear, That I do now hold the lands of [or as the case may be, de- scribing the tenement,] situate, lying, and being at under a lease, [deed or instrument, as the case may be,] bearing date the day of in the year by and between 399 PART IV.] REFORM ACT 2, 3 WiLL. IV. C. 88. ; and that such household is now of the clear yearly value of twenty pounds, [or ten pounds, as the case may be,] over and above all rent and charges payable out of the same, except only public or parliamentary taxes, county, church, or parish cesses or rates, and cesses upon any townland or division ^ of any parish or barony ; and that the said leasehold does not arise from a rent-charge ; and that I have ‘not accepted or pro- cured the said leasehold fraudulently, nor in exchange for any freehold or leasehold in any other county, city, or town, [and if the said leaseholder be the lessee or assignee of a derivative term, or under lease,] and that I am in the actual occupation thereof. So help me God. SCHEDULE (C.) No. 8. Oath to be taken by Householders registering as voters in any city, town, or borough. I F. F. of in the city [town or borough] of merchant, [or, &c. as the case may be,] do swear, that I am, and have been for six calendar months last past, in possession and actual occupation of the house, warehouse, &c. [describing the premises] situate at in the said city [town or borough] ; and that the said pre- mises are bond fide of the clear yearly value of not less than ten pounds [or five pounds, as the case may be] ; and that not more than one half year’s grand jury or municipal cesses, rates, or taxes are now due or payable by me in respect of the said premises or any part thereof. So help me God. SCHEDULE (C.) No. 9. Oath to be taken by Resident Freemen and Forty -shilling Freeholders whose rights are saved. \ A. B, of in the city [or town or bo- rough] of merchant [or &c. as the case may be], do swear that I am a freeman or other corporate officer [as the case may be] of the said city, [town or borough,] hav- ing a right to vote at elections for the said city [&:c. [ of [or that I am a registered forty-shilling freeholder having a right to vote at elections for the said city, [&c.] of [as the case may be] ; and that I am, and for the last six months have been, a resident within the said city [&c. ] of or within seven statute miles of the usual place of election in the said city [town or borough, as the case may be.] So help me Ggd. 400. REFORM ACT 2, 3 WlLL. IV. C. 88. [aPFENDIX I. SCHEDULE (D.) No. 1. Certificate of JRent^ Charger Freeholder or Leaseholder. County, City, Town, or Borough, This is to certify, that A. B. of in this county [city or town, as the case may be,] clerk, [merchant, gentle- man, farmer, yeoman, &c. as the case may be,] was this day duly registered before me as a voter for this [county, &c. as the case may be,] in right of a rent-charge freehold [or lease- hold, as the case may be,] of the yearly value of fifty pounds, or twenty pounds, or ten pounds, or [as the case may be], situate at [describing the townland and place, &c.] in this county, [city, &c.] ^of [as the case may be.] O. Judge, Chairman, or Assistant-barrister. O. Clerk of the Peace, Certificate, No. [&c.] SCHEDULE (D.) No. 2. CertifiscaU of Householder. [as the case may be.] This is to certify, that A, B. of in this was this day duly registered before me as a voter for this city, [town or borough, as the case may be] in right of his house, &c. situate at [describing the place and si« tuation. Dated this day of O. Judge, Chairman, Assistant- barrister, or Barrister, &c. O. Clerk of the Peace. [&c.] f'lty, Town, ( or ( Borough, 3 Certificate, No. PART IV.] BOUNDARY ACT 2, 3 WiLL. IV, C. 89. 40 f SCHEDULE (D.) No. 3. Certificate of Freemen, §’C. [as the case may be.] This is to certify, that A» B. of in this yeoman, [or as the case may be] was this day duly registered before me as a voter for this city [town or borough, as the case may be,] in right of his being a resident freeman [or resident forty-shilling freeholder, as the case may be.] Dated this day of at O. Judge, Chairman, Assistant- Barrister, or Barrister, &c. O. Clerk of the Peace Certificate, No. [&;c. ] City, Town, or Borough, ’■ ( fh, 3 of An Act to settle and describe the Limits of Cities, Towns, and Boroughs in Ireland, in so far as respects the Election of Members to serve in Parliament, 1th August, 1832. Whereas by an act passed in this present session of parlia- ment, intituled An Act to amend the Representation of the People of Ireland, it is amongst other things provided, that each of the cities, towms, and boroughs returning a member or members to serve in parliament should, for the purposes of 2, 3 W. IV. c. 88. the said recited act, include the place or places respectively which should be comprehended within the boundaries of each of the said cities, towns, and boroughs respectively, as such boun- daries should be settled by an act to be passed for that purpose in this present parliament, which act, when passed, should be deemed and taken to be part of the said recited act, as fully and effectually as if the same were incorporated therewith : and whereas the act so to be passed for settling and describing the boundaries of cities, towns, and boroughs as in the said re- cited act is mentioned, is this present act : and w hereas the several cities, towns, and boroughs whereof the boundaries were so to be settled and described, as in the said recited act is mentioned, are the several cities, towns, and boroughs which are specified in the schedule to this act annexed ; be it therefore en- acted and declared by the King’s most Excellent Majesty, by and with the advice and consent of the lords spiritual and tempo- ral, and commons, in this present parliament assembled, and by the authority of the same, that the several cities, towns, bo- roughs, and places specified in the schedule to this act annexed 2/3 40-2 ftBFCtJiM ACT— 2, 3 Will. IV. cv 88. aptekdix i. ] Cities, 8cc. shall, ,;is to elections, include the places and be comprised within the boundaries specilied in the schedule. Rules of con- struction to be observed in in- terpreting’ sche- dule. shall, as to the election of members or a member to serve in parliament, respectively include the places and be comprised within the boundaries which in such schedule are respectively specified and described in conjunction with the names of such cities, towns, boroughs, and places respectively. s. 2. And be it enacted, that, subject to any direction to the contrary, the following rules shall be observed in the con- struction of the several descriptions of boundaries contained in the said schedule hereto annexed that is to say ; 1. That the words “northward,” “southward,” “eastward,” “ westward,” shall respectively be understood to denote only the general direction in which any boundary proceeds from the point last described, and not that such boundary shall continue to proceed throughout in the same direction to the point next described. 2. That wdien any road is mentioned merely by the name of the place to which such road leads, the principal road thither from the city, town, or borough of which the boundary is in course of description shall be understood. 3. That whenever a line is said to be drawn from, to, or through an object, such line shall, in the absence of any di- rection to the contrary, be understood to be drawn from, to, or through the centre of* suyh object, as nearly as the centre tliereof can be ascertained. 4. That every building through w^hich or through any part whereof any boundary hereby established shall pass, shall be considered as wdthin such boundary. .5. That whenever any boundary by this act established is said to pass along any other boundary, or along any road, lane, path, river, stream, canal, drain, brook, or ditch, the middle (as nearly as the same can be ascertained) of such other boundary, or of such road, lane, path, river, stream, canal drain, brook, or ditch shall, in the absence of any direction to the contraiw, be understood. 6. That the middle of any road or lane shall be understood as the middle of the carriage-way along the same. 7. That when any boundary by this act established is said to proceed along a road, lane, path, river, stream, canal, or drain, from or to any object, such boundary shall be understood to proceed from or to that point in the middle of such road, lane, path, river, stream, canal, or drain from which the shortest line w'ould be drawn to the centre of such object, as nearly as the centre thereof can be ascertained. 8. That the point at which any fence, hedge, wall, boun- dary, road, lane, path, river, stream, canal, drain, brook, or ditch is said to cut, meet, join, cross, reach, or leave any boun- dary, road, lane, path, w'all, river, stream, canal, drain, brook, or ditch shjill, in the absence of any direction to the contrary, be understood as that point at which a line passing along the middle of the boundary, road, lane, path, wall, river, stream, canal, drain, brook, or ditch so cut, met, joined, crossed, reach- ed, or left, w'ould be intersected by a line drawn along the mid- dle of the fence, hedge, wall, boundary, road, lane, path, river. PART IV. j REFORM ACT 2, 3 WiLL. IV. C. 88. stream, canal, drain, brook or ditch so cutting, meeting, joining crossing, reaching, or leaving, if such line w ere prolonged suffi- ciently far. 9. That when a line is said to be drawm to a road, lane, ri- ver, stream, or canal, such line shall, in the absence of any di- rection to the contrary, be considered as prolonged to the mid- dle of such road, lane, river, stream, or canal. 10. That by the words “ sea” and “ sea coast” shall be un- derstood the low-water mark. 11. That if any deficiency shall be found to exist in the line of any boundary described in the said schedule to this act annexed, by reason of the intervention of any space between any two immediately consecutive points, such deficiency shall be supplied by a straight line to be drawn from the one to the other of such tw^o immediately consecutive points. s. 3. And be it further enacted, that notwithstanding the generality of any description contained in the said schedule to this act annexed, no city, town, or borough or place, the con- tents whereof are specified in such schedule, shall include any part of any parish, townland, manor, lordship, barony or half barony, or liberty, which is detached from the main body of such parish, townland, manor, lordship, or barony or half barony, or li- berty, if by reason of including such detached part the boundary hereby established of such city, town, or borough, or place would not be continuous, unless §jLich detached part shall before the passing of this act have formed part cf such city, towm, or borough or place, for the purpose of the election of a member or members to serve in parliament ; but that all extra parochial places which are surrounded by any parish, townland, manor, lordship or liberty, of which any city, town, or bo- rough or place is said in such schedule to consist, shall be con- sidered as included within such city, town, or borough or place, for the election of a member or members to serve in parlia- ment ; and that all places locally situate or included wdthin the boundaries of any city, towm, or borough, as defined under this act, shall for the purposes of this act only be deemed and taken to be a part or parts of such city, town and borough. s. 4. Provided always, and be it enacted, that no misnomer or inaccurate description contained in this act, or in the sche- dule hereto annexed, shall in anywise prevent or abridge the operation of this act with respect to the subject of such des- cription, provided the same shall be so designated as to be com- monly understood; and that for the purpose of identifying the descriptions contained in the said schedule with the sub- jects of such descriptions respectively, such descriptions shall, if such construction should be necessary, be held to apply to such subjects as they existed on the first day of January one thousand eight hundred and thirty-tw^o. s. 5. Provided always, and be it enacted, that this act may be amended or altered by any act or acts to be passed during this present session of parliament. 40.3 Respecting de- tached portion? of parishes, &c. Misnomer or misdescription not to abridge operation of act ; and description to relate to 1st Jan. 1832. may be a!, tered this see- sion. 404 BOUNDARY ACT 2, 3 WiLL. IV. C. 89. [aPPENDIX 1 SCHEDULE TO WHICH THE FOREGOING ACT REFERS. 1. — Armagh. From Mr. Carroll’s windmill on the west of the city in s straight line in the direction of the spire of Grange church tc the point at which such straight line cuts the new Dungannon road ; thence in a straight line in the direction of the eastern dome of the observatory to the point at which such straight line cuts the boundary of the grounds attached to the observatory ; tlience, eastward, along the boundary of the grounds of the observatory to the point at which the same meets the road to the deanery ; thence in a straight line to the magazine near the infantry barracks ; thence in a straight line through a point on the Rich Hill road which is distant 25 yards measured along the Rich Hill road) to the east of the south-eastern comer of the infantry barracks, to a point which is one hundred and thirty yards beyond the said point on the Rich Hill road ; thence; in a straight line in the direction of the south eastern angle of[ the palace to the point at which such straight line cuts the' demesne wall ; thence, northward, along the demesne wall to the point at which the same leaves the boundary of the corpo-J ration land ; thence, northward, along the boundary of the cor- poration land to the point at which the same meets the Mon-' aghan road ; thence in a straight line to Mr. Carroll’s wind- mill. 2 — Athlone. 1 From the point at which the southern end of the canal joins^ the river Shannon, along the canal, to the point at which the; northern end the^reof joins the river Shannon ; thence along' the river Shannon to the point at which the same is met by the' north-western inclosure wall of the barracks ; thence in a straight line to the angle in the Hare Island road at which the same turns northward, and at which there are two gateways with pillars opposite each other ; thence in a straight line to a gate- way with pillars on the Ballymahon road, about twenty yards to the east of the glebe wall ; thence in a straight line to the north-eastern corner of the wall of the townland called Anchor’s Bower ; thence, southward, along the wall of Anchor’s Bower to the point at which the same meets the old Dublin road ; thence in a straight line in the direction of Mr. Dawson’s house in Bunavalley to the point at which such straight line cuts a small bye-road which runs into the Dublin road ; thence along the said small bye-road to the point at which the same joins the Dublin road ; thence in a straight line to the point at which tlie Brideswell Bog road is joined by a bye-road leading thereto PART IV.] BOUNDARY ACT 2, 3 WiLL. IV. C. 89* 405 from the east, about three hundred yards from the point at which the Brideswell Bog road leaves the Dublin road ; thence in a straight line in the direction of the chimney of Mr. Robinson’s distillery to the point at which such straight line cuts the river Shannon ; thence along the river Shannon to the point first described. 3. — Bandon. From the point at which the eastern road to Macroom leaves the old or northern road to Cork, in a straight line in a westerly direction, to the north western corner of Mr. Swanson’s garden ; thence along the wall of the said garden to the south-western corner thereof ; thence in a straight line across the river Ban- don, and across the Enniskane road, to the point at , w hich the old road to Clonakilty is joined by a bye-road which runs thereto from the new road to Clonakilty ; thence along the said bye road to the point at which the same joins the new road to Clonakilty ; thence towards Bandon along the new road to Clonakilty, to that point thereof which is nearest to the northern pillar of the gate of Mr. M‘Creight’s house ; thence in a straight line to the said northern pillar ; thence in a straight line acros the centre Kilbritten road to the point at which the eastern Kilbritten road is joined by a small bye-road run- ning westward to the fields, about three hundred and thirty yards to the south of the point at which the eastern Kilbritten road leaves the Innishannon road ; thence in a straight line to the southern corner, on the Ballinade road, of the premises of Mr. Ormond’s distillery ; thence, eastward, along the bound- ary of the premises of Mr. Ormond’s distillery to the point at which the same meets the southernmost road to Innishannon ; thence in a straight line across the river Bandon to the point at which the old Innishannon road is joined by a bye-road which runs north-west in the direction of the Kilbrogan chapel ; thence in a straight line to the northern pillar of a gate-way on the old Cork road, about four hundred and thirty yards to the north of the point at which the same leaves the Innishannon road ; thence in a straight line to the point first described. 4.^Belfast. From the point on the south east of the town at which the BlackstafF river joins the river Lagan, up the Blackstaff river, to the point at which the same is joined by a small stream which washes the wall of Mr. Campbell’s cotton works ; thence up the said small stream to the point at which the same would be cut by a straight line to be drawn from the chimney of Mr. Campbell’s cotton works to an old fort on the west of the towm, in a field belonging to Mr. Elliott, near a brickfield on the left of the Old Lodge road ; thence in a straight line to the said 406 BOUNDARY ACT 2, 3 WiLL. IV. C. 89. [ APPENDIX I. old fgrt ; thence in a straight line to the south-western angle of the grave-yard which is to the west of the infantry barracks ; thence along the southern wall of the said grave-yard to the point at which the same makes an angle ; thence in a straight line to the south-western angle of the enclosure of the infantry barracks ; thence along the western enclosure wall of the infantry barracks to the northern extremity thereof ; thence along a ditch which is the boundary of the ordnance land to the point at which the same reaches the south west- ern angle of the enclosure of the artillery barracks ; thence along the western enclosure wall of the artillery barracks, and along a ditch in continuation of the direction thereof, to the point at which such ditch meets a road which leads from the Ballymure road into the old Carrickfergus road ; thence along the road so leading into the old Carrickfergus road to the point at which the same joins the old Carrickfergus road ; thence, northward, along the old Carrickfergus road to the point at which the same meets the Mile Water ; thence down the Mile Water to the point at which the same joins the river Lagan ; thence along the river Lagan to the point first described ; also beyond the Lagan, the townland of Ballymacarrett. 5. — Carlow. From the point below the town at which the river Barrow is met by the southern wall of the grounds of the house belong- ing to Mr. Carey, Adjutant of the Carlow Militia, eastward, along the said wall to the point at which the same meets the Kilkenny road ; thence in a straight line to the southern comer of the infirmary ; thence in a straight line to the point a little above the barracks at which the river Burren is joined by a small stream ; thence up the said stream, and across the Tullow road, to the point at which the same stream is met by a hedge which runs down thereto from opposite the southern end of the plantation attached to the house on the Baltinglass road which belongs to Mr. Hunt and is occupied by Mr. Butler ; thence along the said hedge to the point at which the same meets the Baltinglas road ; thence in a straight line in the direction of the cupola of the lunatic asylum to the point at which such straight line cuts a road which runs between the Baltinglass road and the Dublin road ; thence in a straight line to a gate on the eastern side of the Dublin road which is distant about one hundred yards to the north of the north-eastern corner of the enclosure wall of the lunatic asylum ; thence in a straight line to the point at which the road to Athy is met by the north boundary of the demesne of the Roman Catholic Bishop ; thence along the said boundary till it meets the river at the point ; thence along the river to the north corner of the wall of tlie burial ground ; thence in a straight line to the spire of the 407 PART IV.] BOUNDARY ACT 2, 3 WiLL. IV. C. 89. Graigue Church ; thence in a straight line to the summer house in Mr. Wilson’s garden ; thence in a straight line to the point first described. 6 — Carrickfergus. The county of the town of Carrickfergus. 7. — Cashel. The whole of the district under the jurisdiction of the Mayor ; and in addition thereto, The space which lies between the boundary of the said juris- diction and a straight line to be drawn from the north eastern corner of the enclosure wall of the charter school on the Dub- lin road, in a south-easterly direction, to the point at which the southernmost Killenaule road is met by a wall which runs thereto from the northernmost Fethard road, and which point is about one hundred and seventy-six yards northwest of the point at which the southernmost Killenaule road leaves the northern- most Fethard road. And also the space which lies between the boundary of the said jurisdiction and the following boundary ; (that is to say) from the point on the west of the town at which the boundary of the old borough is met by a wall which runs therefrom, first westward and then northward, to the Golden Road, westward, along the said wall to the point at which tho same meets the Golden road ; thence, eastward along the Golden road (for about twenty-two yards) to the point at which the same is met by a ditch and wall at the end of a porter’s lodge ; thence along j the said ditch and wall (which bend eastward) for about seventy j yards ; thence along the continuation of the last mentioned I ditch, northward, for about one hundred yards ; thence along a garden wall continuing in the same direction, northward, for about one hundred and thirty yards, to the point at which the same meets a wall which runs westward therefrom ; thence, westward along the last-mentioned w^all (for about fifty-five yards) to the point at which the same meets a wall which bends round eastward to the Camas road ; thence along the last men- tioned wall to the point at which the same meets the Camas road ; thence along the road which leads from the Camas road t into the Armel road to the point at which the same meets the I boundary of the old borough. 408 BOUNDARY ACT 2, 3 WiLL. IV. C. 89. [appENDIX I. 8. — Clonmel. From the point at which the western enclosure wall of the house of industry meets the river Suir, along the said western wall to the point at which the same meets Marl street ; thence along Saint Stephen’s lane to the point at which the same meets the old Caher road ; thence, eastward, along the old Caher road to the point at which the same is met by a lane running northward ; thence, northward, along the said lane to the point at which the same is met by the first bank on the right ; thence eastward, along the said bank to the point at which the same is met by a lane coming from the north and turning to the east ; thence, eastward, along the last-mentioned lane to the point at which the same meets Heywood-street ; thence along a bank which runs eastward from a house a little to the south of the point last described to the point at which the said bank meets ‘ a small bye-lane leading into the Cashel road ; thence along the said bye-lane to the Cashel road ; thence, southward, along ‘ the said Cashel road to the point at which the same is met by < the southern boundary wall of the park or pleasure grounds of * Mr. David Malcolmson ; thence along the said boundary wall to the point where the said wall meets Upper Johnson-street ; . thence, eastward, along Backbone-lane to the extremity r thereof ; thence to a point in the new road to Fethard, which point is sixty-four yards to the north of the spot at which the said road is crossed by Bonlie-lane ; thence, south- ward, for sixty-four yards, to the said spot where the Fethard road is crossed by Bonlie-lane ; thence, eastward, along Bonlie lane for about six hundred and forty-four yards, to a point at which the same is met by a bank on the right opposite a small ^ house ; thence, southward, along the said bank for the distance ^ of about two hundred and nine yards to the point where it is t met by another bank running eastward ; thence, eastward, along ' the last-mentioned bank for about fifty yards to a point where ‘ the same makes an angle in turning to the south ; thence, south- ward, for about fifty yards along a bank which leads to a bye road to Powers Town until the said bank reaches the said bye road ; thence, eastward, along the said bye road for the distance of about two hundred and seventeen yards to the spot where it is met by the first bank on the right ; thence in a straight line to the most northern point of a bank on the southern side of the I Dublin road, which point is distant about four hundred and ( sixty-four yards from a stone in Barrack-street which marks the south-eastern corner of the ordnance land ; thence along the last mentioned bank to the point at which the same meets the river Suir ; thence along the southernmost channel of the river Suir as far as Moore’s Island ; thence along the channel of the same to the north of Moore’s Island to the point first described. I PART IV.] BOUNDARY ACT 2, 3 WiLL. IV. C. 89. 409 9. — Coleraine. East of the river Bann. — The townland called “ Coleraine and Suburbs.” West of the river Bann — From the point at which the northern bank which bounds the plantation of Jackson Hall meets the river Bann, westward, along the said bank to the end thereof ; thence along another bank which runs nearly in continuation of the before-mentioned bank to the point where the same meets the Ballycairn road ; thence in a straight line to the point where the Downhill road leaves the old road to New Town Limavady ; thence to the point where the three townlands of North Ballin- teer. Church-land, and Lismurphy meet ; thence along the boundary between the townlands of Church-land and Lismurphy to the river Bann. 10. — Cork. The county of the city of Cork. 1 1.— Downpatrick. The demesne of Down. 12. — Drogheda. The county of the city of Drogheda. 13. — Dublin. The county of the city of Dublin, and such parts of the county at large as lie within the circular road. 14 . — Dundalk. From the point on the east of the town, about eight hun- dred yards from the enclosure wall of the cavalry barracks, at which a road which runs from the sesushore through the marshes to Black Rock leaves the sea^shore, along such road to the point at which the same meets the boundary of the lower marsh town- land ; thence westward, along the boundary ©f the lower marsh 2 m 410 BOUNDARY ACT— 2, 3 WiLL. IV. C. 9. [APPENDIX I. townland to the point at which the same reaches the bridge on ' the Dublin road ; thence in a straight line for about one hun- dred yards in a south-westerly direction to the nearest point of the boundary of the town parks ; thence westward, along the boundary of the town parks to the point at which the same meets the boundary of Lord Roden’s demesne ; thence eastward, along the boundary of Lord Roden’s demesne to the point at which the same meets the boundary between the parishes of Dundalk and Castletown, excluding the whole of the demesne ; thence northward, along the boundary between the parishes of Dundalk and Castletown to the point at which the same meets the boun- dary of the town parks at the river ; thence eastward, along the boundary of the town parks to the bridge on the Newry road ; thence along the southern shore of the bay of Dundalk to the point first described. 15. — Dungannon. From the point on the south of the town at which the boun- . dary between the Drumcoo townland and the Ballynorthland * demesne meets the boundary of the parish of Drumglass, north- , W’ard, along the boundary of the Drumcoo townland to the • point at which the same meets, close by the gate leading to Mr. | Shiel s house in Killymeal, an old road which leads westward into the store road ; thence along such old road to the point at which the same joins the store road ; thence northward, alono- the store road to the point at which the same meets the Cooks- ' town road ; thence in a straight line to a point on the Gallows I Hill road, which is distant two hundred and twenty yards (mea- # sured along the Gallows Kill road) to the west of the point at which the same leaves the Donaghmore road; thence in a |i straight line in the direction of the tower of Derrygortreavy ' church to the point at which such straight line cuts the boun- ‘ dary of the parish of Drumglass ; thence southward, along the ^ boundary of the parish of Drumglass to the point first described. ‘ 1 6 D UNG AR VA N. The present borough or manor of Dungar\an, with the ex- ception of such parts of the same as lie entirely detached from the rest ; also, in addition to the present manor, all those por- tions of land which, though not belonging to the same, are lo- cally situate within it, or entirely surrounded by the lands of the i manor, ‘ PART IV.] BOUNDARY ACT— 2, 3 WiLL. IV. C. 89. 17 — Ennis. From the Clareen bridge, in a straight line in a south-westerly direction, to the point at which the road round the hill from Inch Bridge meets the road to the Hermitage ; thence along a bye road which runs southward from the point last described to the point (about two hundred and twenty yards from the point last described) at which such bye road is met by an orchard wall ; thence in a straight line to the eastern pier of a gate on the Inch Bridge road, which is the entrance to Mr. Crow’s farm ; thence in a straight line to the eastern pier of a gate on the Kii- rush road, about two hundred and thirty yards to the east of the point at which a road branches from the Kilrush road to join the Inch Bridge road ; thence in a straight line in a south-easterly direction to the south-western corner of Mr. Healy’s garden ; thence along the southern wall of the same garden to the point at which the same meets the Clare road ; thence northward and eastward, along the mail coach road from Clare (for about three quarters of a mile) to the point at which the same is met by a w^all on the northern side thereof, near a wail ; thence in a straight line to the north-western corner of the wall which sur- rounds a distillery on the banks of the river Fergus, but not now in use ; thence along the last-mentioned wall, including the dis- tillery, to the point at which the same wall meets the river Fer- gus ; thence in a straight line in a north-easterly direction to the point at which the Spancel Hill or southern Gort road is joined by a cross road from the northern Gort road, and which point is distant about four hundred yards from the bridge over the river Fergus ; thence along the last-mentioned cross road to the point at which the same joins the northern Gort road ; thence along the same northern Gort road for twenty-five yards beyond the point last described ; thence in a straight line in a north- westerly direction to the Windmill Stump ; thence in a straight line to the Clareen bridge. 18. — Enniskillen. The Island of Enniskillen, and also the spaces included be- tween Lough Erne and the two following boundaries, respec- tively denominated East and West : — East. — From the westernmost point of the townland of Toneystick in a straight line to the salient point of the north- western bastion of the East Fort ; thence in a straight line to the salient point of the north-eastern bastion of the same ; thence in a straight line in the direction of the south-western angle of the county infirmary, to the point at which such straight line cuts the boundary of the townland of Toneystick ; thence south- ward, along the boundary of the townland of Toneystick, to the oint at which the same meets Lough Erne. 411 412 BOUNDARY ACT— 2, 3 WiLL. IV* C., 89. [aPPENDIX I. West. — From the point at which the bound-:iry between the townlands of Cole’s Hill and Windmill Hill meet: Lough Erne westward, along the said boundary to a point which is distant one hundred yards (measured along such boundary) beyond the point where that boundary crosses the Florence Court road; hence in a straight line to the salient angle of the south-western bastion of the West Fort ; thence in a straight line to the point at which the boundary between the townlands of Windmill Hill and Portora meets the eastern bank of Lough Galliagh ; thence northward, along the eastern bank of Lough Galliagh, to the point at which the same meets the Church Hill road ; thence towards the town, along the last-mentioned road, to the lodge gate of Portora school ; thence along a hedge which runs at the foot of the lawn of Portora school, northward to Lough Erne, to the point at which the same meets Loch Erne. 19 . — Galway. The county of the town of Galway. 20 — Kilkenny. The county of the city of Kilkenny. 21. — Kinsale. From the point on the north-east of the town at which the new Cork road crosses the old Cork road, in a straight line to the northern extremity of Mr. Hurley’s stables ; thence in a straight line to the point at which the road to Bandon river leaves the road to Bandon ; thence in a straight line to the point at which the Blindgate road meets the Compass Hill road ; thence in a straight line over Compass Hill to the westernmost house at the place called “ The World’s End thence along the coast to the point at which the same is met by the first bank which runs up the hill to the east of and beyond the village of Scilly ; thence along the said bank to the point at which the same meets the road from Scilly to Charles Fort ; thence in a straight line to a point on the Harbour Hill road, which is dis- tant one hundred and eighty yards (measured along the Har- bour Hill road), to the east of the barrack wall ; thence in a straight line to the point first described. PART IV.] BOUNDARY ACT 2, 3 WiLL. IV. c. 89. .413 22. — Limerick. The county of the city of Limerick. 23. — Lisburn. The several townlands of Lisnagarvy, Tonagh, and Old Warren, in the parish of Blaris ; also that portion of the town- land of Lambeg that lies to the west of the river Lagan, and is bounded as follows : namely, on the south and west by the townland of Lisnagary, on the north between the Belsize road and the old Belfast road by a small stream which is the boundary of the townland of Maghreleave, and on the east by the old Belfast road from the point where the same crosses thb above-mentioned small stream to the point where it is met by the lower road near Lambeg glebe ; thence along the said lower road to the point where the same is met by “ Wheeler’s ditch thence along Wheeler’s ditch to the river Lagan. Also the space contained between the river Lagan and the following boundary ; (that is to say,) From the bridge along the Drumbo road for about five hun- dred yards to the point at which the same is met by another road coming out of the suburb ; thence, eastward, along a ditch, on the north side of which hr trees are planted, for about two hundred and sixty yards, to the point at which the said ditch meets a lane running to the river ; thence along that lane to the river. Also the small island on the river Lagan in which are situ- ated the vitriol works. Also that portion of the townland 0 / Knockmore which has hitherto formed a part of the borough. 24. — Londonderry. From the point on the south-v/est of the city at which Mary Blue’s burn joins the river Foyle, up Mary Blue’s burn to the point at which the same crosses Stanley’s Walk ; thence, west- w'ard, along Stanley’s Walk to the point at which the same meets a road which runs nearly parallel to Mary Blue’s burn ; thence, northward, along the last-mentioned road to the point at which the same reashes the entrance gate to the bishop’s de- mesne and deer-park ; thence, westward, along the road which proceeds from the said entrance gate to the point at which the same turns south-westward ; thence, northward, along a small stream for about seventy yards to the point at which the same meets a bank which skirts the south-eastern bank of a circular plantation, and runs up to the Greggan and Burt road ; thence 2 3 414 BOUNDARY ACT^ % 3 WiLL* IV. C* 89. [aPPENDIX i» along the bank so running to the Creggan and Burt road to the point at which the same meets the Creggan and Burt road ; thence along a ditch which runs from the northern side of the Creggan and Burt road, and nearly opposite to the point -Jast described, to the point at which the same meets a small stream ; thence in a straight line to the north-western corner of the en- closure wall of the lunatic asylum ; thence along the northern enclosure wall of the lunatic asylum, and in a line in conti- nuation thereof to the point at which such line cuts the river Foyle ; thence, southward, along the river Foyle to the point at which the same is met, on the eastern side, by a ditch or bank which forms the southern boundary of the pleasure grounds of Mr. William Bond ; thence along the last-men- tioned ditch or bank to the point at which the same meets the Newtownlimavady road; thence, southward, along the New- townlimavady road for about ninety yards to the point where the said road joins the old Strabane road ; thence along the old Strabane road for about three hundred and ninety yards to the point where the same is met by a narrow road running therefrom to the Tank ; thence, westward, along the last men- tioned narrow road for about thirty yards to the spot where the same is met by a bank, now planted with bushes, running southward ; thence along the last-mentioned bank to the spot where the same is met by a lane running from waterside up a steep hill to the old Strabane road ; thence to the nearest point of a small stream which is the boundary between the townlands of Clooney and Gobnascale ; thence down the said stream for about seventy yards to the point where the same is met by a lane running south-westward to the fields ; thence along the last-mentioned lane to the point where it cuts the boundary be- tween the townlands of Gobnascale and Tamneymore ; thence, westward, along the boundary between the townlands of Gob- nascale and Tamneymore to the point at which the same meets the river Foyle ; thence, southward, along the river Foyle to the point first described. , 25. — Mallow. From the easternmost gate post (opposite the park wall of Mr. Purcell) of a field on the Kanturk road, the entrance to which is distant about one hundred and seventy-six yards (mea- sured along the Kanturk road) from the seneschal’s house, in a straight line to the gate post nearest the turnpike in a wall on the southern side of the old road which runs a little to the north of the Limerick road, and which post is distant about two hundred and forty-two yards (measured along the said old road) to the north-west of the turnpike ; thence in a sraight line to the point at which a bye-lane joins the fair-lane road, about one hundred and fifty yards to the north of the entrance to the lime and salt-works ; thence in a straight line to the 415 PART IV.] boundary ACT 2, 3 WiLL. IV. C. 89. point at which at which the Carrigoon road, which passes un- der Mr. Jephson’s park wall, is met by a fence which divides a field occupied by Mr. Lynch from a field occupied by Mr. Carmichael, and which point is also about three hundred and seventy-five yards to the north of a small door in the park- wall ; thence in a straight line across the park to the western- most point at which the boundary of Mr. Delacour’s pleasure grounds meets the Fermoy road ; thence, westward, along the boundary of Mr. Delacour’s pleasure grounds to the southern- most point at which the same meets the boundary of the gar- den attached to the water-mill ; thence in a straight line to a point on the old Cork road which is distant two hundred and twenty-five yards (measured along the old Cork road) to the south of the old turnpike thereon ; thence in a straight line to a point on the new Cork road which is distant about two hun- dred and ninety yards (measured along the new Cork road) to the south of the said old turnpike, and which point is at the commencement of a nursery ground ; thence in a straight line in the direction of the eastern corner of Captain Davis’^ house to the point at which such straight line cuts the Blackwater ri- ver ; thence in a straight line to the gate post first described. 26. — Newry. The present borough of Newry. 27 PoRTARLINGTON. From the bridge over the Grand Canal on the Monastereven road along the Canal to the bridge over the same on the Mary- borough road ; thence in a straight line to the point called Butler’s Ford, at which a small stream crosses the Mountmel- lick road ; thence in a straight line to a small bridge on the Cloniquin road, which is distant about five hundred yards (measured along the Cloniquin road) to the west of the point at which the same leaves the Mountmellick road ; thence in a I straight line to a point on the Bog road which is distant five hundred yards (measured along the Bog road) to the west of the point at which the same leaves the Rathangan road ; thence eastward, along the bog road to the point at which the same joins the Rathangan road ; thence southward, along the Rath- angan road to the bridge on the same over the river Barrow ; thence along the river Barrow to that point thereof which would p be cut by a straight line to be drawn thereto due north from the ! bridge over the Canal on the Monastereven road ; thence in a I straight line to the said bridge on the Monastereven road. 416 BOUNDARY ACT 2, 3 WiLL. IV. C. 69. [aPPENLIX I. 28. — New Ross. From the point on the south of the town at which the lower Ballyhack road is met by the southern fence of the garden of Belle yue Cottage along such southern fence to the eastern extremity thereof ; thence in a straight line up a steep hill to the point at which the middle Ballyhack road is joined by a bye road which runs eastward therefrom, and at which point there is a gateway and one pillar ; thence along the said bye-road to the point at which the same turns to the south, and which is marked by a gateway and two pillars ; thence in a straight line in an easterly direction to the southern end of the bam which stands in a straw yard on the eastern side of the upper Bally- hack road ; thence, northward, along the upper Ballyhack road to the point at which the same meets the Wexford road ; thence eastward, along the Wexford road to the point at which the same is joined by a road from Irish Town ; thence in a straight line to the south-western corner of the burial ground at the eastern extremity of Irish Town ; thence along the western boundary of the said burial ground to the point at which the same meets the Irish Town road ; thence v/estw'ard along the Irishtown road to the point at which the same is met by a lane which runs northv/ard therefrom on the eastern side of Mr. Sutton’s house and brewery ; thence, northward, along the said lane for about one hundred and thirty yards to the point at which the same reaches a stone stile ; thence in a straight line to a gateway on the Mountgarrett road which is the first on the eastern side thereof, to the north of the point at w’hich the same is joined by a road from Irish Town ; thence in a straight line in a north-westerly direction to the ruins of a quay or wharf on the western side of the river Barrow ; thence in a straight line to the point at which the Kilkenny road is joined by the first bye road to the west of the Roman Catholic Chapel ; thence in a straight line in a southerly direction to the south-western cor- ner of the garden of the house attached to the Mill on the western bank of the river Barrow ; thence along the southern boundary of the last-mentioned garden to the south-eastern comer thereof ; thence in a straight line to the point first des- cribed. 29 — Sligo. Such part or parts of the town or precincts of the town of Sligo as lie or are situate wdthin the distance of one mile, Irish admeasurement, of a certain spot in Market street in said town on w hich a building or erection formerly stood, called the Market Cross, being the space defined in the 1 7th section of an act passed in the forty-third year of the reign of his Majesty King George' the Third, intituled “ an act for repealing so mucli of an act PART IV.] BOUKDARY ACT 2, 3 WiLL. IV. c. 89. made in the third year of the reign of King George the Second intituled ‘ an act for cleansing the ports, harbours, and rivers of the city of Cork, and of the towns of Galway, Sligo, Drogheda, and Belfast, and for erecting a Ballast Office in the said city and in each of the said towns,’ as relates to the port and har- bour of the town of Sligo ; and for repealing an act made in the fortieth year of the reign of his present Majesty, intituled ‘ an act for paving, cleansing, lighting and improving the streets, quays, lanes, and passages in the town of Sligo in the county of Sligo, for establishing a nightly watch in the said town, for supplying the said town with pipe water, and for improving and regulating the port and harbour thereof,’ and for making better provision for the paving, lighting, watching, cleansing and im- proving of the said town of Sligo, and for regulating the porters and carmen employed therein, and for the better regulation and improvement of the port and harbour thereof,” as the part or parts of the precincts of the town of Sligo which shall be or be deemed to be within the intent and purview of the said act of the forty-third year of the reign of King George the Third, for the several purposes in the said seventeenth section specified. 30. — Tralee. From the milestone on the Killarney road opposite a lane which runs eastward therefrom, in a straight line to the south- eastern angle of the garden wall of a house which is situate at the south-western corner of the barrack wall ; thence, westward, along the said garden wall to the point at which the same meets another wall which runs westward to the end of Mr. Ben- ner’s brewery ; thence, westward, along the last mentioned wall to the brewery ; thence along the southern side of the brewery to the mill race which is beyond it ; thence, north- ward, alone the mill race to the point at which the same meets the road which leads from the brewery to Miltown ; thence, westward, along the last-mentioned road to the point at which the same meets the Ballymullen river ; thence, northward, along the Ballymullen river to the point at which the same meets the Miltown road ; thence in a straight line to a point on the Blen- nerville road which is distant four hundred and forty yards (measured along the Blennerville road) to the north of the point at which the spa road leaves the same ; thence in a straight line to a point on the spa road which is distont three hundred and seventy five yards (measured along the spa road) to the north of the point at which the same leaves the Blennerville ' road ; thence in a straight line to the northernmost point at which the new Listowel road is met by a small stream which runs along- side thereof from a pond towards the town ; thence in a straight line to the point at which the old Listowel road is joined by the road which leads to Mr. Bateman’s demesne ; thence along the old Listowel road to the bridge on the same over the canal ; thence in a straight line to the milestone first described. 418 BOUNDARY ACT 2, 3 WiLL. IV. C. 9. [aPPENDIX I. 31. — Waterford. The county of the town of Waterford. 32 — Wexford. From the point on the south-east of the town at which the sea-shore is met by a wall and footpath, which run a few yards to the north of the burial ground, which is near the country house belonging to Mr. Talbot, along the said wall to the point at which the same meets the Fayeth road ; thence in a straight line to the flagstaff at the signal station ; thence in a straight line in the direction of the eastern corner of Cromwell’s fort house to the point at which such straight line cuts the wall of the pleasure grounds of Cromwell’s fort house ; thence north- ward, along the wall of the said pleasure grounds to the Dun- cormick road ; thence westward, still along the wall of the said pleasure grounds, to the westernmost point at which the same leaves the Duncormick road ; thus excluding the whole of the i said pleasure grounds ; thence in a straight line in the direction ^ of the south-western corner of the distillery to the point at which such straight line cuts the road which runs in front of the dis- tillery ; thence along the last-mentioned road to the point at which the same crosses the Johnston road, near the bridge, over the Bishop’s water ; thence in a straight line to the point close to the female orphan house, at wdiich the northern Duncannon road is met by a road which leads therefrom into the New Ross road ; thence along the road so leading into the New Ross road to the ruins of the southernmost of two old windmills ; thence in a straight line to a point on the New Ross road, which is distant one hundred and sixty yards, (measured along the new Ross road,) to the north-west of the obelisk ; thence in a straight line to the northernmost point at which the boundary of the premises of Mr. Scallen, a brewer, meets the Enniscorthy road ; thence westward, along the Enniscorthy road, to an iron gate in a stone wall, distant about three hundred and sixty yards from the centre of the diocesan school ; thence along the road or path which leads from the said iron gate to the point at which the same meets the sea-shore ; thence along the sea-shore to the point first described. 33 — Youghall. From the point to the south of the town where the new road . to Cork quits the sea-shore, northward, in a straight line to the point in Windmill Lane where the same is joined by a bye road from the north, about two hundred yai’ds to the west of the 2, 3 Will. IV. c. 91. 419 PART IV. ] nouse occupied by Mister Flynn ; thence in a straight line to the south-western angle of the ordnance ground on which the barracks stand, near the old Cork road ; thence along the west- ern fence of the ordnance ground to the north-western angle of the same ; thence northward, in a straight line to the spot where the upper edge of the great quarry near Counsellor Feuge’s house is cut by a road w'hich runs through the same to the Mount Uniacke road ; thence along the road so running through the quarry to the point where the same meets the Mount Uniacke road ; thence northward, in a straight line to the point wdiere a bye road which leads from the Mount Uniacke road to the Waterford road makes a turn almost at right angles a little to the south of the house called Eustace’s Folly ; thence north- ward, along the same road, passing to the west of Eustace’s Folly, to the spot where the same road meets the Waterford road ; thence in a straight line to the nearest point of the sea-shore ; thence along the sea-shore to the point first described. An Act to explain doubts that have arisen respecting the Stamp Duty payable by Freemen of Corporations entitled by virtue of trade and residence in the corporate towns and counties of cities and towns in Ireland. 1th August, 1832. Whereas an act passed in the parliament of Ireland in the thirteenth and fourteenth years of the reign of his late Majesty King George the Third, whereby a stamp duty of sixpence each was imposed upon the admissions of all freemen into cor^ porations, whether claiming by right or favour, which said duty was increased to one shilling each by another statute passed in the nineteenth and twentieth years of the reign of his said late Majesty, and was further increased to tw'o shillings each by a statute passed in the thirty-seventh year of his said late Ma- jesty : and whereas at the time of or immediately before the legislative union between Great Britain and Ireland, by a cer- tain other statute passed in the parliament of Irelarid in the fortieth year of his said late Majesty King George the Third, the duty payable on the admission of all freemen into any cor- poration or company in Ireland, Vvhether entitled by right or favour, was fixed and settled at ten shillings each : and whereas by an act passed in the fifty-sixth year of his said late Majesty 56 G. III. c. 5G King George the Third, intituled. An Act to repeal the several Stamp Duties in Ireland, and also several Acts for the Col- lection and Management of the said Duties, and to grant new Stamp Duties in lieu thereof, and to make more effectual Regu- lation for collecting and managing the said Duties, the stamp duty payable by freemen of corporations was still further in- creased, that is to say, for the entry or memorandum of admis- sion in the court book of the corporation, where the admission shall be in respect of birth, apprenticeship, or marriage, one 420 2, 3 Will. IV. c. 91. [appendix I. pound each, and where the same shall be on any other ground, three pounds each ; and whereas at all times since the enact- ment of the said last-mentioned statute, alien and foreigner, and his Majesty’s subjects, who by virtue of being engaged in any trade, mystery, or handicraft are, by any charter, bye-law, usage, or statute, entitled to claim or take up the freedom of any corporation or company in Ireland as of right, have been universally deemed, reputed, and considered as persons claim- ing or taking up freedom by right of apprenticeship, and by reason thereof have been uniformly admitted to their freedom on payment of the duty of one pound each : and whereas doubts have lately arisen as to the right of such persons who by virtue of being engaged in any trade, mystery, or handicraft*, are so entitled to claim or take up their freedom as aforesaid being entitled to claim or take up such freedom upon the same terms ■ and conditions and subject to the same duty as freemen claim- ing by right of apprenticeship as aforesaid ; and whereas, for ‘ the better collection of his Majesty’s revenue, and the more li- < beral enjoyment of the said franchise or privilege, it is expe- • dient that the said doubts should be removed : be it therefore Persons who by virtue of being* engag-ed in any trade in cities and towns in Ireland, can claim the free- dom thereof, may be admitted to such upon payment of the same stamp duty, as other freemen. Freemen under this act 8ubj< ct to same penalties as others. 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 au- thority of the same, that all strangers and aliens, and his Ma- jesty’s subjects, who, in virtue of being engaged in any trade, mystery, or handicraft, are or shall be by any charter, bye-law, usage, or statute, entitled to claim or take up the freedom of any corporation or company in Ireland as of right, shall be ad-^ mitted to such freedom upon payment of the same duty as all ./ other freemen by right are admitted to their freedom, that is to ■ say, on payment of the duty of one pound only for the regis- | try, entry, minute, or memorandum thereof in the court book, ! roll, or record of any corporation, guild, or company ; any ‘ thing contained in the said herein-before recited statute passed ■ in the fifty-sixth year of the reign of his said late Majesty King George the third, or any other statute or law, to the contrary | thereof in anywise notwithstanding. s. 2. Provided nevertheless, and be it further enacted, that in default of payment of such sum as aforesaid the freemen ■ entitled under this act shall be subject to the same penalties to which freemen in right of birth, marriage, or service are orj would be liable. APPENDIX IL No. 1. Decision of the House of Commons on the Right of Election^ as to the City of Limerick, on an Appeal hy the Corporation of Limerick, (aj ^dMay, 1821. That the right of election of members to serve in Parlia- ment, for the city and county of the city of Limerick, is in the freeholders of the said county of the said city, and in such freemen of the said city as were resident therein at the time of their admissions to their respective freedoms. ITiat the eldest sons of freemen, and persons who have married the daughters of freemen, and persons who have served seven years’ apprenticeship to freemen of said city, are entitled to the freedom of said city, and to vote at elections for same. (a) See the statute. 4 Geo. IV. (Loc. ^ Pers.) cap. cxxvi. 2n No. 2. 15th Marchy 1830. Residence. CASE OF THE TOWN OF WEXFORD. Henrt Clive, Esq., Chairman of the Select Committee. Sir Robert Wigram, the Sitting Member. Charles Ropery William Goodissouy and others, freemen of the borough and town of Wexford, petitioners, complaining of an undue election and return. Harrison and Adam in support of the petition. Taddy Serjt. and Wigram for the sitting member. Starkie and Lynch for the returning officer. An objection was made on the part of the sitting member, that the question as to the right of voting was not raised upon the petition, and that therefore the parties w^ere not called upon to exchange lists and statements of the right of voting. The committee determined, that the question upon the right of voting w\as raised upon the petition. Evidence was given that admissions of freemen regularly took place on the 29th September and 29th June, which were called charter days. It was also usual to give eight days* no- tice of the election of a burgess and freemen at other times, by posting a notice publicly at the court-house, and to elect them at the assembly so called. Evidence was given that for more than forty years resid&nc€ bad never been required as a qualification. CASE or THE TOWN OF WEXFORD. 42^5 FART 1.] Evidence was given that persons who had served apprentice- Apprentieet. ships were admitted, upon a certain form being complied with, but only on the charter day. It appeared, however, by the books, that they were admitted on the other days, in some in- stances. A petition was drawn, and deposited with the town- clerk, who on the charter days presented it to the mayor in assembly ; if he found it correct, a jury of twelve freemen was formed, who examined the master and witnesses to the in- denture; and if they found that the apprentice had served faithfully and properly, and that there was no collusion, he was admitted. The mayor, either upon coming in or going out of office. Peculiar Free- exercised the right of nominating two, who were called “ Pe- culiar Freemen.” These were never opposed. In other cases the question of admission was put, and deter- mined by a majority of those present. In 1813 a special meeting to admit freemen was held when Batch#‘s, forty-eight were admitted, a considerable number of whom were strangers in the town, and tenants and nominees of the Marquis of Ely, who possessed no property in the borough They were proposed and seconded one after another, but the question was not put upon each ; it was put upon all “ in a lump.” These elections were called “ batches,” and the freemen “ batchmen.” Evidence was given that Wexford was in the possession of rebels for about three weeks, in 1798. One of the allegations of the petition charged the Marquis of Ely with improper in- terference at the election. The petitioners offered several writings in evidence found among the papers of a Mr. Nevill by his executors, signed by the late and the present Marquisses, some purporting to be agreements, others being letters addressed to Mr. Nevill. The reception of the agreements in evidence was objected to, as they were not stamped. The chairman said, if illegal, they coud not be read as agreements, but they might as papers signed by the parties. The agreements were as follows “ It is agreed between Lord Loftus and Mr. Nevill, that a cordial union shall exist between them in the borough of Wex- ford, which is to be continued to their issue male, and in failure thereof to the nominees, to whom each of them respectively shall bequeath his interest ; each to have one member of par- liament, mayors, &c. alternately, but each mayor to act in trust for both parties, to keep up their common interests. The burgesses in like manner to be chosen alternately, equal num- bers of freemen to be made, and all expenses to be borne equally, and, as far as each can effect, to make their friends equally trustees for both parties ; and in cases of minority, this agreement to be fulfilled by the guardians. “ Signed at Dublin, “ Loftus. May 6, 1798, “ Rrd. NevilV* “ G. P Bushe, John Wolfe, “ Henry Alcock, Charles Powell Leslie.^' 424 CASE OF THE TOWN OF WEXFORD. [aPPENDIX II. The representation of the town of Wexford having been limited by the articles of union to one member, Lord Ely and Mr. Nevill have agreed to take the return of such member by alternate succession of Parliaments. The return of the first member shall be decided pursuant to the proclamation on Mon- day the 1 st of December ; and the party in whose favour such return shall be so decided, shall fill all vacancies that may arise by death or otherwise, during the period of the first Imperial Parliament. And the other party shall have the return for the succeeding ; and shall fill all vacancies that may arise by death or otherwise during that period. And so in alternate succes- sion of Parliaments. “ Dated 30th November, 1800. “ “ i?. Nevill. We adopt, continue, ratify and confirm the within agree- ment in the presence of our mutual friends, subscribers thereto. ‘‘ Dublin, June 16, 1806. “ Ely, “ JR. Nevill. “ Franhfort, John Wolfe. Thomas Burgh, Allan JMacLean. The letters related to “the making new freemen,”^ — pre- venting “ the non-residents being knocked off,” — “ ordering in his freemen from FeathardJ^ to attend on the charter days, — keeping the corporation “ close,” and other matters relative to the management of the corporate affairs and the representa- tion, which was called the “joint property.” Where a charter Some extracts were read from the the charter of JHenry, r^^oration^m containing an inspeximus of the charter of Ademar de Valence, which freemen late Earl of Pembroke and Lord of Wexford; and JMJontmiac, tow?w?r^made liberties granted to the burgesses of Wexford.'"' Also the community, from the charter, Jac. I. whereby he granted to the sovereign, de^c^e^had^not burgesses of the town of Wexford, or by what- been required soever name the dwellers or inhabitants of the town or borough for 40 years, as a aforesaid may be named, called, or known, that the said town adm\^fsSn,^^dd, borough, together with the suburbs of the same, and the tha.t freemen not whole extent or space of land or water within the ancient tfme of^thei?ad bmits, bounds, and franchises thereof, be for ever a free bo- mission have not rough, corporate of itself, to be known by the name of The the franchise. Town or Free Borough of Wexford ; and that the said town or borough shall be one body, incorporate and politic, created and made of the dwellers or inhabitants of the said totvn or borough, consisting of one mayor, two bailiffs, free burgesses and community, and there shall be twenty-four free burgesses, of which the mayor and bailiffs for the time being shall be three. The charter then named “ mayor, bailiffs, and twenty- one free burgesses,” which twenty-one free burgesses with the mayor and bailiffs shall make the common council of the said town or borough ; and all other free men residing, or that shall hereafter reside in or under the said town or borough, are made the community. They are then incorporated by the name of “ Mayor, Bailiffs, Free Burgesses, and Community of the FART I.] CASE OF THE TOWN OF WEXFOREf. Town or Borough of Wexford and it is granted that the mayor and bailiffs be for ever, after the feast of Saint Michael the Archangel next coming, (to which feast the first mayor was constituted) yearly elected ; and if any of the free burgesses should die or be removed, the mayor, bailiffs, and other free burgesses and community, or the greater part of them, may from time to time choose another fit person in his place, and every mayor or bailiffs chosen, on the feast of Saint Michael the Archangel next after the election, may* take the oaths be- fore the mayor who preceded in the office, in the presence of the free burgesses and community, or the greater part of them, in the Tholsel, and every free burgess and every free man, chosen and admitted into the freedom of the said town or bo- rough shall take and receive, before the mayor and bailiffs for the time being, so many and such oaths as have been anciently used and administered to the free burgesses and freemen in tlie said town or borough. The following statement of the right of voting was delivered in by the petitioners: — “ That the right of election for members to serve in parlia- ment for said town or free borough of Wexford, is in such freemen of the said town or free borough, as had served ap- prenticeships or were resident therein at the time of their respective freedoms. “ That no person can be admitted a freeman of said town or free borough, who has not served an apprenticeship therein, or Vv^ho is not resident therein at the time of his admission. “ That subject to the foregoing limitations the persons having served seven years apprenticeship to freemen of the said town or free borough, are entitled to the freedom of the said town or free borough, and to vote at elections for the same. “ That all merchants, traders and artificers and seamen, re- siding, inhabiting and exercising their trade, mystery or craft within said borough, are of right entitled under the act of the 13th and 14th of Charles 2, intituled, ‘ an act for encouraging Protestant strangers and others to inhabit and plant in the king- dom of Ireland,’ are of right entitled to the freedom thereof, and to vote at elections for the same during their constant residence therein and no longer.” On the part of the petitioners, it was stated, that they were willing to limit the right of apprentices, to persons serving ap- prenticeships io freemen in the town of Wexford. The right so claimed, it was resolved by the committee, * is not the right of election for the town or borough of Wexford.^ It will be seen, however, that they adopted a determination very close to it. The right of election delivered in on behalf of the sitting member was as follows : — “ In the mayor, bailiffs, free bur- gesses, and community of freemen, whether resident or not.” This also was negatived. The committee then determined : — 27i3 426 CASE OF THE TOWN OF WEXFORD. [aPPENDIX II. The right of election. 'ilie petition of one who has voted at the elec- tion, is good, although it may be shown that he was not entitled to have voted. Freemen elected ill ^)a^c/ieji:,ui(a se- parate (piestiou i»s to adiuission “ That the right of election for members to serve in parlia- ment for said town or free borough of Wexford, is in such freemen of the said town or free borough as have served ap- prenticeships therein, or were resident therein, at the time of their admission to their respective freedoms. That no person can be admitted a freeman of said town or free borough who has not served an apprenticeship therein, or who is not resident therein, at the time of his admission. That subject to the foregoing limitations, the persons having served seven years apprenticeship to freemen of the said town or free borough, are entitled to the freedom of the said town or free borough, and to vote at elections for the same. That all persons admitted to the freedom of the said town or borough, by virtue of an act passed in the 14th and loth years of the reign of his Majesty King Charles II. intituled, ‘ an act for encouraging Protestant strangers and others to inhabit and plant in the kingdom of Ireland or by virtue of the new rules of the said town or borough, are entitled to vote at elections for members of parliament therein, according to the directions of the said act and new rules.” The committee having determined that residence was a necessary qualification to the right of voting, an objection was taken on the part of the sitting member to the petitioners pro- ceeding further, as none of them w'ere resident at Wexford, at the time of their election, voting or petitioning. For the petitioners it was submitted that the objection, if taken at all, should have been taken before they commenced their case. The counsel for the sitting member stated that he had given notice at the commencement of the proceedings that he should take the objection when the proper time arrived for his so doing. The committee determined that the counsel for the sitting member had taken the objection at the proper time. The petitioners then proceeded to show that the petitioner Goodisson was a freeman, admitted and sworn, more than six years, and urged that therefore his title could not be im- peached ; they referred to the cases of Evesham, Drogheda, Kilkenny and Sudbury, and the 38/// Geo. III. Ir. c. 2. The admission, however, was not stamped, and it was there- fore objected that Goodisson w^as not a freeman. The case of Drogheda was cited in reply. The committee determined, without coming to any decision upon the question as to the stamps, that the petitioner having claimed to vote, and having voted at the last election, was en- titled to petition the house. The numbers at the election w^ere — For Sir Robert Wigram 79. Sir Edward Cholmeley Dering 48. Harrison, for the petitioners, then objected to the freemen elected in 1795 and 1813, as illegally elected, inasmuch as the question was put upon them in a lump, instead of being put 427 PART I.] CASE OF THE TOWN OF WEXFORD. upon each individual freeman, and he referred to Rex v. Munday (a)^ and Rex v. Player (h ). The evidence as to the “ batchmen” of 1795 was from the corj)oration book. The beginning of the entry was — ‘‘ At the said assembly D. L. was unanimously admitted a freeman.” Then followed a list of names, and at the end, “ are unani- mously admitted/reemew of the said borough.” There were twenty-two voters subject to this objection ; and the petitioners having closed their case upon this class of voters called upon the sitting member to show they were good votes. Taddy Serjt. insisted that the petitioners should go through the whole of their case upon the objected voters, before he was called upon to answer. The committee determined that the sitting member should proceed and answer the objection made to these votes. Harrison then offered to give more evidence as to these votes, to show that they were sworn at the last election. This was objected to. The committee determined that the additional evidence could not be given, as they had come to a decision on the course to be pursued. It was urged for the sitting member that the objection to votes elected in batches in 1795 and 1813 came too late, after the lapse of time since their election. The committee determined that the votes of 1795 and 1813 W'ere unduly elected ; and that the onus lay on the sitting mem- bers to prove that the defect in their election had been cured. Evidence was then gone into, as to several of the voters, to show that they had acted and served as freemen in many in- stances since the time of their election, Loftus Codd, one of the votes objected to, appeared to have signed the book at an assembly, held on the 8th of Sep- tember, 1812, for the election of a mayor in the room of a deceased mayor. He also signed an entry of the proceeding of an assembly on the 13th of September, 1816. The petitioners, in answ^er to this evidence showed that Codd W’as sworn as a freeman at an assembly held on the 1 st of June, 1829, for the election of a burgess to serve in parliament ; and that there was no previous entry of his being sworn. On the other side, evidence was given, that some who were sworn in 1829, had also been sworn before ; and a witness stated, that whenever any of the voters had a doubt on their own minds whether they had been sw orn before, they were ge- nerally sworn again. Another witness said, that the practice was in every instance in which a freeman was sworn, that an entry w as made of his being swnrn ; every thing that was done being entered by the town clerk, and read aloud by him. Similar evidence was given, as to Richard Lewis, — who had acted in 1809, — James Agar, — who had acted in 1813, at an not having been put upon each) are unduly elect- ed; and the votes cannot stand un- less it be shown that the defect has been subse- quently cured. It will be infer- red they were elected in a batch if the names of all be contained in a single entry of admission. Mere length of time will not cure the defect, nor the having frequently voted as freemen at elections or otherwise, where it appears that the party has been as a freeman within six years, and no E roof is given of is having been sworn before. But if it be shown that, though sworn recently, he was also sw orn more than six yearsbe- fore, the vote will stand. (a). Covrp. 530. (b). 2 Earn ^ 428 Non-residence may be esta- blished by show- ing that the addi- tion of place annexed to the voter’s name in the entry of his admission is without the li- mits of the bo- rough. The committee are condned to the lists of objec. tions to voters first inter- changed, and therefore, though the whole of such entry may be read where part is produced, the party who has not taken the objec- tion of non-resi- dence cannot cross-examine in order to show the non-resi- dence of voters <»n the opposite a^de. CASE OF THE TOWN OP WEXFORD. [aFPENDIX II. assembly held “ for electing a burgess to serve in parliament, for electing five burgesses and admitting to their freedom such persons as it may seem meet — ^similar evidence was given as to John Doherty and others. The committee, to whom the Drogheda case was cited, de- termined, that the votes of Loftus Codd, Richard Lewis, and James Agar, were bad votes ; and that all those who stood in a similar situation were bad votes. The twenty-two votes were struck off the poll. It was afterwards stated, that there was one voter, in the list of twenty-two, who appeared to have been sworn in six years before the election ; and some entry was read for the purpose of showing this ; and it seems to have been considered that the vote should be restored to the poll. The petitioners then went into objections to eleven voters as described on the poll, and on the corporation book, by cer- tain additions of place, and gave evidence to show that* the voters were not resident, and the places mentioned were with- out the limits of the borough ; as to one, Joseph Dice, it was admitted that the evidence rested upon the description in the book and the poll. No entry of the admission of three of these voters, (amongst whom was Thomas Agar,) could be discovered on the books. The petitioners then required the sitting member to show that the voters had been sworn six years before the time of their voting, and that they were resident at the time of their admission. Much discussion arose as to the right of the sitting member to cross-examine the witnesses with the object of affecting the validity of the votes for Sir Edward Dering, and Taddy Serjt. stated that it would appear by the entries in the book adduced in evidence on the other side, that votes given for Sir E. Dering were in the same situation as the votes objected to by the petitioners, and contended that he had a right to the benefit of those entries. The committee determined that the sitting member’s counsel might, in his cross-examination, have the whole or any part of the entry in question read. After a cross-examination as to residence, to show, that though, for late years, the voters were not resident, they might have been at their admission, Taddy proceeded to cross examine as to the residence of persons who voted for Sir E» Dering, Harrison objected to the first question put, on the ground that at no time, nor under any circumstances, were the counsel for the sitting member entitled to attack any of the voters of Sir E, Dering, on the ground of non-residence, as no list of such objectionable votes had been given in ; and he referred to the acts, 42 Geo. III. c. 106, 5. 3; 47 Geo, III. c. 14. and 53 Geo. III. c. 71 ; — ^the case of Truro faj, in 1819; Denbigh in 1827 ; and Evesham in 1820. (a) Corb. 4 D. 175. PART I.] CASE OF THE TOWN OF WEXFORD. The committee determined, that the acts of parliament of the 42 Geo. III. c. 106, and 47 Geo. III. c. 14, confine the committee to the lists of votes, the statements of particulars, and the grounds of objection first interchanged. Harrisoriy after some further evidence as to the non-residence, stated that he had closed his case upon those eleven votes. Taddy submitted that the petitioners could not afterwards go into any other objection against those eleven votes. The chairman stated, that the committee had already de- cided that each objection should be taken separately. The committee determined that ten of the votes (including Joseph Dice) were bad votes ; and reserved the vote of Thomas Agar, of whom Taddy had stated that he thought he could show that Thomas Agar had voted by the name of John. These ten, added to the former twenty-one, brought the parties even. The petitioners succeeded in taking off the vote of another voter, who by the entry in the corporation book, 2d July, 1782, appeared to be admitted as William Robinson of Rochestown, and was so described on the poll ; and a wit- ness stated he had known him for thirty years, and never knew him to live any where but at Rochestown. The petitioners then endeavoured to establish the vote of Richard Allen, the entry as to whom appeared on the poll to be Richard Allen of Wexford, under the head of “ Dering objection, “ not a freeman,” and the vote rejected. It was proved that he had been apprentice to a freeman in Wexford, in January, 1818, and served for seven years. He applied on the 29th of September, 1826, in the court-house, and at the assembly, to be admitted a freeman, in respect of his apprenticeship. The petition was handed to the bench where the new mayor presided, and the town clerk read it. The mayor said it was not the proper day for the admission of free- men, but only for the swearing in of officers. He was pressed for a decisive answer as to whether he would grant the freedom or not ; and he would give no further satisfaction. The mayor was subsequently applied to in the court of conscience, in February or March, 1829; but it was not at an assembly of the corporation. A petition was presented. The mayor would not keep it and threw it back ; and he was requested to call an assembly to hear the application, which he refused to do. A 1/. stamp for the admission was presented to him, and the party offered to take the requisite oath. The petitions were not pro- duced. Taddy insisted that the production of the petition was necessary. Adam was heard contra, and referred to the entry on the corporation book on the 29th of September, 1795 ; Robert Hughes, found by the jury entitled to his freedom in right of his apprenticeship, by virtue of a bye-law of the 29th of June, 1785.” A witness was called by the sitting member and stated that the course uniformly was for the apprentice to present a petition in writing. There was a good deal of examination, in the course 429 An apprentice, entitled to free- dom, presented his petition, in 1826, to be ad- mitted, to a cor- porate assembly, but without stamp, &c. He afterwads presented his pe- tition to the mayor sitting- alone, and ten- dered a stamp, &c. He had ap- plied to K. B. for a mandamus in 1829, but the proceedings were pending. Held, not en- titled to vote. 430 A freeman was admitted in 1795. and sworn at the election in 1829, A few days be- fore the election the mayor, (to whom the town clerk had handed the corporation book) was re- quired to have the book deli- vered to the dis- tributor of stamps, to have the stamps af- fixed to various unstamped ad- missions. The mayor and town clerk both re- fused to inter- fere, and separate stamps were then pur- chased. Vote, held good. Reputation of being a freeman, and having acted as such within six years, insuf. ficient without proof of admis- sion. CASE OF THE TOWN OF WEXFORD. [aPPENDIX H. of which it appeared that the petition presented at the as- sembly of the corporation had come into the hands of the law agent of the sitting member ; and that that presented at the court of conscience, was thrown on the floor, and probably, afterwards taken up by some of the mayor’s friends. The committee determined, that the vote of Richard AUen was a bad vote. Taddyt for the sitting member, then proceeded on the head of objection, the want of stamps. Nathaniel Hall was admitted on the 29th of June, 1795, and there was no stamp on his admission. He was sworn on the 20th of June, 1819, at the election, and had voted for Sir E. Dering, Adam, in answer to the objection, stated, that Hall was not on the list of persons objected to on the ground of not being sworn ; (but note, the evidence, as to the swearing, was given to raise an inference that he was not sworn more than six years before. ) He also referred to Rogers v James (a), and the cases of Dt'ogheda, Fowey, Cardigan, Oakhampton, and Derby ; and he relied on the annual indemnity act, 10 Geo. IV. c. 12, s. 5, under which the stamp had been offered. The evidence as to the offering of the stamp was this, — . The witness examined the corporation book, in the possession of the mayor, whp had got it from the town clerk, and found that the stamps, as to several voters who, he supposed, would vote for Sir E. Dering, were defective ; and he applied about the 21st or 23d of May, (about ten days before the elec- tion) to the mayor to have the book delivered to the distributor of stamps in the town of Wexford, in order that the original entries of the admissions of those freemen the witness should point out might be stamped. He served a notice on him to the same effect. The mayor refused. The witness then ap- plied to the acting town clerk, to ascertain if he would enter the admissions of the freemen upon a separate stamp, in a manner before practised, which was called “ blotting.” The town clerk refused to interfere. The name of Nathaniel Hall was in the list of those for whom the application was made. The witness afterwards purchased the stamps, which were produced before the committee. The committee determined that the vote of Nathaniel Hall was a good vote. The vote of Samuel Williams was allowed upon similar evidence. Wigram, for the sitting member, objected to the vote of Walter Hore. Two Walter Hores had voted at the election. The younger, Walter Hore of Harperstoivn, was declared a peculiar freeman in September, 1804. The elder was called Walter Hore of Seafield, and was uncle to the former. An entry was read from the corporation book, 5th August, 1783, of an assembly for electing burgesses, at which, Walter (a) 2 March, 425, 7 Taunt, 147, PART I.] CASE OE THE TOWN OF WEXFORD. 431 Hore, burgess,” appeared to have been present ; there was a poll, and among the voters was “ Walter HorCi Esquire.” The witnesses stated that Walter Hore of Seafield never was a burgess, and that the entry referred to Walter Hore the father, who had been dead many years. Walter Hore the nephew, was a burgess. Walter Hore the uncle, claimed to be a freeman, and was reputed to be so, and at the general election in 1825, had proposed Sir Robert Wigram ; his vote was re- fused at the last election, till he pointed out the entry in the book of having proposed Sir Robert Wigram ; he was enrolled on the corporation book, and in consequence of his name being enrolled he was allowed to vote. The committee determined that Walter Hore was a bad vote. The petitioners then impeached the vote of “ Major John Evidence of an Devereux, of the Wexford regiment of militia,” upon the the voterdid'not ground of non-residence. He w'as admitted a peculiar free- reside in the man, by that style in September 1809. His residence was at ^^o^^^^reach* Newtownbarry, twenty miles from Weaford. An old witness ing back to the" stated that the voter did not live in Wexford in his memory — ti^ ^HeWsuffi The witness did not know where the Wexford regiment was ®igQt,thc’V"-h not quartered in 1809; nor could he assert that Major positive mall re- was not quartered in Wexford in that year. spects. The committee determined that John Devereux was a bad vote. Taddy then objected to the vote of John Sparrow of Hcd- linclay, of whose admission or swearing there was not any freeman had entry. But it appeared he was a man aged eighty years ; and acted as such, formerly lived at Cooks ; and appeared as voting in 1783, also many^yearl' be- in 1793, and described as of Cooks. And Taddy then ad- fore, mitted, that the explanation given was reasonable, and that the vote must be declared good. He then made three objections to the vote of John Horton ; J , 111 PI but not sworn m — not sworn, — not stamped, — and that he w^as one ot the isis. Rejected, batch of freemen, and was described as of Garrybritt ; and he admission being contended that he had a right to object to the vote, though not ^ ’ on the list he had given in ; and that there was evidence on the examination in chief by the petitioners sufficient to impeach this vote and many others of the same Class ; and he referred to the 42 Geo. 111. c. 106, 47 Geo. HI. c. 14; Parkenv Whitby (aj, and the cases of Middlesex and Evesham. Upon reference to the corporation book, it appeared that John Horton (admitted in 1813) was described as of Kil-- connup. The committee determined, that this case came within their previous resolution, — (that as to non-residents. ) This voter did not appear to have been sworn at all ; and on the question as to the want of a stamp. Harrison stated that he could protect this voter on another ground, but not on the ground of stamp. The committee determined, that the vote of John Horton was a bad vote. (tt; i Tvrri. ^ K. 366. 432 Non-residence. Burjross sworn within six years ; want of stamp on his admission not cured. Non-residenoe. Vote of a free- man admitted in 1803,and sworn in 1813, as a bur. g-ess. Held good, although no en- try of his being sworn a freeman, and he was non- resident. Batehman. Ob- jection not cured by time without proof of swear- ing. Non-residence. Non-residenoe. CASE OF THE TOWN OF WEXFORD# [aPPENDIX II. The vote of ‘‘ Robert Maddock of the city of Dublin, gen- tleman,” was determined to be a bad vote, upon evidence of non-residence given on the part of the sitting member. The vote of Admiral Henry Evans was then objected to. He was elected a burgess on the 23d of September, 1822, and on the 29th of September, 1823, it was entered that he, “ heretofore elected a burgess, was sworn into office.” He was not sworn as a freeman until 1829, and there was no stamp upon his admission. Taddy argued, that having been sworn as a burgess did not prove the man had been sworn a freeman. The committee stated, that the entry appeared of his being admitted a freeman, and admitted a burgess, and sworn a burgess, but not that he had been sworn a freeman six years before the election. Adam, in support of the vote, referred to the case of Drogheda. The committee determined, that Admiral Evans was a bad vote. Nicholas Barrington of Ballycogley, nominated a peculiar freeman in 1815, was declared a bad vote upon evidence of his residing at Ballycogley, and that it was about five miles from Wejrford. The committee had had evidence that the liberties of Wexford did not extend above half-a-mile. The vote of William Roper, of the city of Dublin, named a peculiar freeman in September, 1803, and sworn a burgess in February, 1813, was held a good vote ; there was no entry of his being sworn in 1829, nor at all, except as a burgess in 1813. Charles Jacob, elected mayor on the 29th of June, and sworn in on the 29th of September, 1813, was held a good vote. The Reverend Henry St. George was admitted one of a batch on the 29th of June, 1781 ; he was not sworn in 1829, nor any other entry about him, save that it appeared he voted at a contested election in 1783, when several persons were marked as “ sworn,” but the word was not written after his name. Held a bad vote. George St. George Irwine, admitted a peculiar freeman in 1815. Held, a bad vote, on evidence of not being resident in 1815, nor for some time before. William Toole — sworn in as a burgess in 1825, and mayor in 1827. Held, a bad vote. George Ronan, merchant, was admitted a freeman, upon a stamp, on the 29th of June, 1781, and described as of Wick- low ; on the poll it appeared, — George David Ronan of Wicklow, voted for Sir Robert Wigram. Witnesses, who were young in 1781, had never known a person of the name resident in Wexford; but one of them knew a George Ronan, a pro- collector, resident in Wicklow in 1790, and for ten years after; but he could not tell whether that person w^as the voter George David Ronan. Held, a bad vote. PART I.] CASE OF THE TOWN OF WEXFORD. 433 The admission of Joseph Gainfort, 2d July, 1782, was not stamped, but he was one of those for whom a stamp was pro- cured. It was shown, that though the witness who had applied to the mayor had made a list of names of freemen whose ad- mission was unstamped, he did not mention the names to the mayor, nor communicate the list to him. It was also shown that Gainfort had not ever communicated with the witness, nor authorised the application. The authority was from Sir E. Dering. The committee determined this to be a good vote. Taddy said, that if the committee thought the mere circum- stance of the witness having applied to the mayor for the book to be stamped, and having a list in his possession, not commu- nicated to the mayor, of the persons whose admissions he proposed to be stamped, no demand being made by any indi- vidual voter, was sufficient, he would not go through other voters who came under that description ; and Sir E. Dering would then have a majority, which, probably, he should not be able to defeat ; but that he apprehended the indemnity act of the 10 Geo. IV. did not apply to the case ; and that there was no evidence that the voters themselves had applied to have their admissions stamped. The committee determined they would adhere to their pre- vious resolution, as to stamps. Taddy was heard upon the point as to the propriety of the committee returning Sir E. Dering as duly elected when he had not petitioned for the seat, under the 9 Geo. IV. c. 22 ; and referred to the case of Middlesex, the Canterbury case, the Morpeth case, the Downton case, and the Colchester case. Harrison, on the otlier side, referred also to the cases of Leominster and Foioey. The committee came to resolutions, upon the right of voting, as before set forth ; that Sir R. Wigram was not duly elected ; and that Sir E. Dering was duly elected, and ought to have been returned. Purchase of stamp held suffi. eient, though officer who held the book, and was required to deliver it to stamp-office to have the admis- sions stamped, was not informed of the party’s name ; nor was the person who made the request then authourised by the individual freeman. Candidate who did not petition for the seat, held duly elected. 4 Geo. IV. (Pub. Loc. & Pers.) Cap. cxxvi. An Act for the better Government of the City of Limerick, and ' the due appropriation of the Public Revenues thereof i^th July, 1828. Whereas the city of Limerick is a city by prescription and ; charter, enjoying rights, franchises, tolls, customs, privileges \ and immunities granted and confirmed by their late Majesties, i King John, King Edward the First, King Henry the Fifth, | King Henry the Sixth, King Henry the Seventh, King Edward ; the Sixth, her late Majesty Queen Elizabeth, and his late t Majesty King James the First. v ‘‘ And whereas all the tenures of the said city are by the said charters granted to the citizens of the said city to be dis- posed of at their will by the common consent of the said citizens. “ And whereas the corporation of the said city is bound out of the revenues of the said city to maintain divers ways, bridges, and public works, within the said city and liberties thereof. “ And whereas many of the anicent books and records of the said corporation have been lost, withheld, or suppressed, whereby the rights, privileges, and franchises of the citizens of the said city have been endangered, and the public revenues of the said city have not been duly applied. ‘ And whereas the citizens of the said city are by royal charters empowered to meet together in a certain place, within the said city, and bye-laws for the use and benefit of the said city to ordain and establish. 4 Geo. IV. c. 126- part i.'J 4.35 “ And whereas the confirmation and assent of the said citi- zens so assembled under the royal charters in general assembly or court of D’Oyer Hundred, are by the ancient constitution of the said city necessary to give force and validity to the acts of the common council of the said corporation, provided that nothing be proposed or debated in the said court of D’Oyer Hundred until the same shall have first passed the commop council of the said city, provided also, that the electors of any mayor, sheriff, recorder, town clerk, or other officer shall be made by the members of the common council only. ‘‘ And whereas it is expedient to provide for the security and due appropriation of the public revenues of the said city.” — [After this recital the act proceeds to regulate the corporate meetings and elections of corporate officers.] s. 8. And be it further enacted, that if any freeman shall be oath of freeman so required by any other two freemen, he shall at any time exercising fran- when he claims to exercise his franchise by voting at the court D’OyeJ Hunl of D’Oyer Hundred, take and subscribe the oath set forth in the dred. schedule (c.) to this act annexed, which oath the mayor, she- riffs, or common speaker, is and are hereby authorised to administer ; and no freeman, who shall refuse to take such oath as aforesaid, shall be capable of exercising his franchise as a freeman as aforesaid, until he shall have duly taken such oath ; provided always, that such oath shall in no case be re- Exception as to quired to be taken by any freeman, who shall have first actually exercir^tJie^ taken upon himself, had held, or executed his franchise six franchise six years, or more, before the commencement of this act, such six before the years to be reckoned and computed from the day on which ’ such freeman shall have been actually admitted and sworn into his freedom. s. 10. And whereas by an act of parliament passed in the parliament of Ireland in the tenth year of the reign of his late Majesty King Henry the Seventh, intituled, An Act that none he admitted Alderman, Juror, or Freeman in no town, hut if he have been Prentice or Inhabitant in the same,'^ it is amongst other things enacted, “that ne city or great town within the land of Ireland from this time forward receive or admit any person to be Alderman, Juror, or Freeman, within any of the said cities or towns but such persons as have been prentice or been continually inhabite in the said cities or townes,” and whereas by a resolution of the common council of the city of Limjerich, passed in the year 1707, it is declared “that no person whatsoever, not living and residing within the said city should be thereafter made free of the corporation, and that such resolution should be a standing rule of the said council,” and whereas a judgement of ouster was pronouced by the Court of King’s Bench in Ireland against a non-resident free- man of the said city of Limerick on the ground of non-resi- dence ; and whereas by the last determination of the House of Commons on the right of election for the said city, it appears that the right of election, in respect of freedom, is in such freemen of the said city as were resident therein at the time of 436 4 Geo. IV. c. 126. [appendix ii. No person to^be their admissions to their respective freedoms ; be it enacted, ^alf not^be^eS- no person whatever shall be elected or admitted to the dent at the time freedom of the said city, or the freedom thereof granted to of his admission, unless he shall be resident within the county of the said city at the time of his admission to his freedom. Ag-ainst votes of s. 12. And whereas it is expedient to provide against the in- ^casional free- fringement of the rights of the freemen of the said corporation, be it enacted, that from and after the commencement of this act, no freeman shall be allowed to act as a freeeman unless such person shall have been duly admitted to his freedom and taken the oath as a freeman six calendar months at the least before he shall so act, and if any person shall presume to act contrary to the true intent and meaning of this act he shall for every such offence forfeit and pay the sum of 100/. to him, her, or them, who shall inform or sue for the same in manner herein- before mentioned, and every act done by any such person before he shall have been so duly sworn and admitted for such freemen admit calendar months shall be void and of no effect ; provided ted as of right, always, that nothing herein contained shall extend or be con- strued to extend to any person entitled by birth, marriage, or servitude to his freedom. s. 13. And be it further enacted, that if any mayor or she- riff, town clerk or other officer of the corporation, or other person whatsoever, shall wilfully and fraudulently antedate or cause to be antedated any admission of any freeman, such mayor, sheriff, town clerk, officer, or other person, shall for every such offence forfeit and pay the sum of 200/. to him, her, or them, that shall inform and sue for the same, to be re- covered in manner herein-after mentioned. s. 15. And be it further enacted, that from and after the commencement of this act, the corporate oaths to be taken by the common-council-men and freemen of the city of Limerick'^ on their respective admissions, shall be in the forms set forth in schedules (d.) and (e.) to this act annexed, and in no other, save and except such oath or oaths as is, are, or may be improved by virtue of any act or acts of parliament. s. 16. And be it further enacted, that lists of the names and residences of all persons who shall be elected or admitted to the freedom of the said city, or to whom the freedom thereof shall be granted, shall be made out in writing and signed by the town clerk, and be posted on the doors of the parish churches of Saint Mary, Saint John and Munchens, in the said city, and on the doors of the exchange and the court house in the said city, within forty-eight hours after they shall be so elected or admitted, or the freedom shall have been so granted to them, under a penalty of 200/., to be recovered from the said town clerk, by any person who shall sue for the same in manner herein-after mentioned. s. 17. And whereas there is and has been, time out of mind, an ancient custom used within the said city, whereby the eldest son of a freeman, the son-in-law of a freeman, and the seven years apprentice of a freeman, have a right to be sworn into 4 Geo. IV. c. 126. 4.17 PAKT I.] :he place of a freeman of the city of Limerick ; and whereas judgments have been obtained in his Majesty’s courts of law esta- blishing these rights ; and whereas by the last determination of the House of Commons on the right of election for the said city, it is decided that the eldest sons of freemen, and persons who have married the daughters of freemen, and persons who have served seven years apprenticeship to freemen are entitled to the freedom of the said city ; now, in order to provide against any delay in the admission of persons so claiming the freedom of the said city, be it enacted, that at each and every quarterly meeting of the courts of common council and D’Oyer Hun- jdred, under and by virtue of this act to be holden, the petitions of the several persons claiming the freedom of the said city shall be in the first place taken into consideration, and where the prayer of the said petitions, or any of them is re- fused, a statement in writing of the reasons whereon such refusal was grounded, particularly setting forth the objections to each part of the proofs adduced in support of every such pe- tition, shall be furnished by the mg-yor on behalf of the said court of common council, or by .the common speaker on be- half of the said court of D’Oyer Hundred to the person whose petition shall have been refused. [s. 29. Penalty for perjury, false affirmation, &c.] SCHEDULE C. Oath of a Freeman before exercising Franchise, “ I A, B, do swear that I have been admitted and sworn a freeman of the corporation of the city of Limerick, having been actually and without fraud residing at in the county of the said city, at the time of my admission to my freedom of the said city, and that I am of the age of twenty-one years. , , ^ ^ So help me God. SCHEDULE E. Oath of a Freeman, I A, B, of in the city of Limerick (or in the Liberties thereof) do swear to be true and faithful to our Sovereign Lord the King, his heirs and successors, and to the utmost of my power to aid and assist the mayor, sheriffs, and citizens of the said city, and to them shall be obedient and at- tendant concerning such things as they shall lawfully and 2o3 4SS 4 Geo. IV. c. 126. APPENDIX II. reasonably require me to do. I will also well and truly observe, perform, fulfil and keep all such orders and rules as have been or shall be made and established by careful authority for the good government of the said city, and in all matters and things relating to my duty as freeman. I will not refuse or delay to any man his right, or sanction any expenditure of the tolls and customs of the corporation, save for the public uses of the said city, and I will not by color of my freedom, directly or indi- rectly, or by equivocation or mental reservation, cover or bear out any foreigner’s or stranger’s goods or merchandise, but I will according to the best of my skill, and knowledge, wit, cunning, and power, uphold and maintain all the liberties, fran- chises and customs, lawful orders and usages of this city and corporation. So help me God*” APPENDIX III. CASE OF THE BOROUGH OF ATHLONE. COMMITTEE: Lord Viscount Forbes, Chairman. John Thomas Fane Sir Thomas Byam Martin Sir John Walter Pollen Geo. Granville WandisfortPigott Joseph Neald Edward M. Turner Wm. Tattor Egerton Lord Montague Wm. Graham Bethell Waldron John Bartard Sitting Member, Richard Hancock, Jun. Esq. Petitioner, James Talbot, Esq. complaining of an undue Election and return for the Borough of Athlone, in the County of Westmeath. Harrison and Adam, Counsel for the Sitting Member. Merewether, Serjt., and Alexander, for the Petitioner. The Petitioner proceeded to prove the poll-book, and ex- amined the returning officer, Richard Telford, who produced a book, which he stated to be the poll taken at the election, and which he said had not since been out of his possession, added to, erased, or altered. It appeared he^did not take the poll himself, but had a deputy, named Cooke, and a poll clerk, •named Marshall, in whose hand writing the poll was, it being merely signed by the returning officer. He sat near the poll clerk, but did not look over him as he wrote. 2 /> 14th Marcli, 1831. Proof of Poll. 440 Course of pro- eeeding. Abstract Hglit voting-. The poll-book was handed to him on the evening of the election, and after signature of it, he sealed it up, and brought it away to the house of a friend ; put it under his own lock. Adam objected that the poll-book was not sufficiently proved, contending that 1 Geo. IV. c. 11, s. 3, had not been com- plied with. M^rewether replied that he did not rely on the act of par- liament, (evidence of a compliance with,) which was rendered unnecessary by producing the returning officer. In answer to questions from the committee, the witness stated that he knew the persons of 'all those whose names were stated in the list, except three, who were strangers he had never seen before or since — that he could repeat the names of those three — that he could swear that every person there described had tendered his vote. The committee decided, “ that the poll-book in its present shape, is admissible in evidence.” Harrison objected to the petitioner’s counsel proceeding, ’ submitting that the proper course would now be for him to show, that the abstract question of the right of election did not arise, as, at all events, the sitting member would have a ma- j jority of votes, out of 37 persons who voted for the sitting * member on the corporate right, 27 were protected, by having held the situation for six years ; and even supposing the counsel ^ for the petitioner to prove, that residence was necessary to j of constitute a good vote, that there were 12 such corporators who . voted for the sitting member, and but two for the petitioner, , which would become a majority of ten for the sitting member. Merewether was heard in answer to the objection, contending that he claimed to strike off* a poll vote for the sitting member, ’ and to put votes on the poll for the petitioner, which w^ould give him a majority of legal voters. He demanded to put 17 { apprentices on the poll, and also a greater number than 10 , of the New Rules men. \ Harrison denied that the apprentices had a right to vote, and as to the New Rules men, as they had not been sworn within ! six months before the election, submitted it was quite clear they could not be put on the poll ; and, that if such were the facts, whatever the question of right might be, the peti- tioner, on this occasion, was not in a condition to go into it. Merewether admitted, that if the committee saw clearly the question of the abstract right of voting did not arise, they would not go into it, but said that, taking the facts as stated on the other side, still, as to the majority of 12, or the greater part of them, there was an objection that their admissions were not duly stamped, and therefore, he claimed to be en- titled to proceed in the proof of his case. The committee decided, “ that the counsel for the petitioner be called on to prove that apprenticeship gives the right of voting, and that the freedoms have not been duly stamped.” The books of the corporators were produced by the deputy API^ENBIX. 441 recorder and town clerk ; there was an entry of admission of Stamp on admis- 51 persons altogether, on the books, in 1807, amongst whom ! were Benjamin Wynn and others, who had voted at the elec- tion. On this entry there were only 24 stamps. Merewether said, it could not be contended that any of them applied to Benjamin Wynn, ^c. But it appeared that there was a ^1. stamp upon a slip of paper, purporting to be the swearing in of B. Wynn, and what have afterwards been wafered into the book. Merewether contended that this was not an admission pro- ^PP- P* 23o. perly stamped within the 56 G. III. c. 56. ss. 113 — 4. The committee stated that they conceived that the indemnity act did away with the objection of putting the stamps after- wards. Merewether said, that was not his objection. The deputy town clerk deposed that he had been eight years in the office, and that it was usual to put separate stamps into the book. The stamps in question had been put in before he was in the office. Merewether was heard further, contending that the stamp was in the swearing, and not in the admission, which, therefore, was not properly stamped, within the 56 Geo. III. c. 56. ss. 113. 114. The committee were unanimously of opinion that B, Wynn's vote, so far as the objection to want of a drawn stamp was con- curred, was a good vote. There were 14 admitted in 1807, whose names were under the same circumstances as Wynn's. As to the vote of George Carr, it appeared upon inspection of the book, that the stamp at first put upon his admission, was not sufficient, but that it had been subsequently stamped in a sufficient sum to make it up ^1. Alexander submitted that the indemnity act did not apply, and that this admission was not properly stamped. Adam was heard in answer to the objection ; but stated, he could put an end to it by proving G. Carr's admission in 1797. The admission was produced, but it was contended there Evidence of iden- was no evidence of identity, The officer, who was about 27 years of age, deposed that he had known George Carr about 22 years ; that he was be- tween 60 and 70, and that he had never known any other George Carr, a freeman of Athlone. The committee decided, “ that George Carr's vote was a good vote, so far as respected the objection on the ground of the improper stamp, A long examination was then come into, as to the appren- tices, to show that there was a custom in Athlone for the elder ^ sons to serve their fathers without indentures, and upon such prentices, service for 5 years, or 7 years in some trades, to be admitted to the trade ; there were no “ guilds,” fraternities or companies in Athlone, but the several trades, as coach makers, nailers, 442 APPENDIX. Indenture to be produced. Due Diligence. Overpayment of Counsel. hatters, bakers, and brogue makers, &c. had some regular orders; and those who served accordingly, were considered regular men ; and it was said the eldest son serving his father was entitled to his freedom ; but it was admitted on cross ex- amination, that there was no instance of an apprentice serving without indenture, being admitted to vote at an election ; and that the freedom spoken of, meant freedom of the trade. The witness deposed as to Edward Williams, Thomas Halligan, Dennis Kelly, who had so served ; and as to the latter, one witness stated that he knew Kelly's father was a freeman, but another said he was not ; there was also some evidence that the fathers of Williams and Halligan had in 1828, and in June, 1830, tendered themselves, under the New Rules, to the vice-so- vereigns of the town, and had afterwards gone before a magis- strate of the adjoining County of Westmeath, The committee decided, that the point as to the apprentices, had not been established. Merewether stated he had an instance of an apprentice who had served under an indenture of apprenticeship, but that he had not got the indenture. Harrison objected to it, without production of the indenture. The committee ruled the objection was valid. Merewether then proposed to prove a sufficient number of ‘‘ New Rules” men to override the apparent majority for sitting member on the poll. Harrison objected, contending that as none of them had been sworn more than- within six months of the election, they could not be admissible on the poll. Merewether offered to prove that in 1828, more than sufficient to control the majority of the sitting member tendered them- selves to the sovereign and vice-sovereign, — at the same time admitting, that they did not, on their refusal to be sworn by the sovereign, go before a magistrate to be sworn. Harrison admitted, for the sake of argument, that they had tendered themselves in 1828 to the sovereign, but as they had not six months before the election been sworn before a magis- trate, contended that they would not be put upon the poll. The Committee resolved, that the “ New Rules” men are not in a condition to be put upon the poll; Merewether stated he would proceed upon the point of its being a void election on the ground of there having been an excessive payment to the agents and council. There was evidence, that two gentlemen of the bar, Mr. Cummins and Mr, Daly, were in attendance at the election, on the part of the sitting member ; that after the nomination, and immediately before the poll began, a question arose as to swearing, as to the presence of the clerk of the peace instead of the town clerk, which was argued by both these gentlemen ; that Mr, Daly did not afterwards argue or examine witnesses though he was observed to give suggestions to Mr, Cummins, APPENDIX. 443 Mr. Daly was called by the petitioner and asked, what remuneration had you for your services ?” Harrison objected to Mr. Daly's saying any thing that passed between him and his client. Merewether was heard in answer to the objection. The committee deliberated, and after some time decided, the question should not be asked.” Merewether stated that he had Mr. Cummins ready to be examined, but presuming the decision of the committee would be the same with respect to him as to Mr. Daly, he should not present him. The committee intimated such to be their opinion. He then tendered evidence of admissions madebyil/r. Cum- mins and Mr. Daly as to what sums they had received. Adam was heard in objection to such course being pursued. The Committee deliberated, and decided that they felt it their duty to hear the evidence proposed to be brought for- ward. Evidence was then given of a conversation in which Daly said, that at first he was to have been appointed assessor by Mr. Hancock ; that he was disappointed to see Mr. Cummins brought there and put over his head, and that he had received, on the morning of the election twenty-five pounds. Evidence was also given, that Cummins said he was very well paid for his services on the election, but he did not state the sum. The returning officer did not appoint any assessor, but heard the points argued himself. On the morning of the election, the question was put to Cummins when he came forward — was he concerned as assessor ? He said he was not, he was coun- sel for Mr. Hancock. Daly also said that he was counsel for Mr. Hancock, and that he was paid. He did not say who paid him the money. There was some evidence that, on one occa- sion when a question arose, Daly commenced to speak to it, but Cummins, with some warmth, put him aside. Alexander was heard to sum up the evidence, contending that by the Act 1, 2 G. IV. c. 58. s. 6 . Mr. HancockviaLS in- capacitated by reason of having employed more counsel than he was authorised to do. Adam was heard in answer, and having quoted the Dublin case, Alexander was heard upon the Dublin case. The committee deliberated, and after some time resolved, ‘‘ that the counsel for the petitioner had not substantiated the last allegation in the petition, tending to incapacitate the sitting member.” The committee then determined ‘‘ that Rickard Hancock, jun. Esq. is duly elected a burgess, to serve in this parliament, for the borough oi Athlone. ‘‘ That the petition was not frivolous,” — and that the opposition to the petition was not frivolous.” Counsel not bound to answer. App. p. 267.