assessed to some Eng. By the 20 Geo. 3. c. 17. Eng. amended by the 30 Freeholds in Geo. 3. c. 35. Eng. no person shall vote for electing a counties to be knight of the shire in England or Wales in respect of land-tax aid. 20 Geo. 3. c. 17. any messuages lands or tenements which have not been Eng. charged or assessed, for 6 calendar months next before 30 Gea, 3. c. 35, such election, towards some aid granted or to be granted to the king (in case any such aid be then granted and assessable,) in the name of the person claiming to vote; or in respect of any messuages, &c. to which the person claiming to vote shall have become entitled by descent, marriage-settlement, devise, promotion to a benefice in a church, or promotion to any office, within 12 calendar months next before such election, which messuages, &c. shall not have been, within 2 years next before such election, charged or assessed to the land tax in the name of the person through whom the person claiming to vote shall derive title, or some predecessor of such person claiming to vote, but it shall not be necessary that the name of the tenant actually occupying such messuages, &c. shall be inserted in such assessment according to the form prescribed by the 20 Geo. 3. c. 17.; and by the 30 Geo. c. 35, s. 1. 30 Geo. 3. c. 35. s. 1. Eng. Eng. any person who shall have been charged, &c. towards some aid granted, &c. by a land tax in the name of a tenant actually occupying the same at the time of such assessment, shall be in like manner qualified to vote, although the name of the person so claiming to vote, or the name of the person through whom he derives title, or of the predecessor of the person so claiming to vote, shall not be inserted in the assessment according to the form annexed to the 20 Geo. 3. c. 17.; but annuities or fee-farm rents (duly registered) issuing out of any messuages, &c. rated or assessed, are excepted by the 20 Geo. 3. c, 17. s, 2. This statute 20 Geo. 3. c. 17. prescribes the duty of the commissioners of the land tax in respect to delivering to assessors a printed form of assessment, who are to deliver a duplicate thereof to one of the chief constables of the hundred, who is also required to give the same upon oath to the clerk of the peace, at the next quarter sessions in court the first day of such sessions, to be filed amongst the re *Or for burgesses for Cricklade, Wilts. cords c.17. 20Geo. 3.c. 17. s. 2. Eng. Duty of clerk of the peace. cords of such sessions; and the clerk of the peace is 13. thereby also required s. 13. to permit such duplicate to be inspected at all seasonable times, and to give copies thereof or any part thereof on payment of 6d. for every 300 words or figures, and so in proportion for any lesser s. 14. number; and by s. 14. such clerk of the peace or his deputy is required to attend at every election of a knight of the shire, upon reasonable notice, at the request of any 'candidate or his agent, who shall pay him two guineas a 'day for his attendance, and 1s. 6d. a mile for his travelling charges; and the clerk of the peace or his deputy is also s. 15. required by s. 15. after issuing any writ or precept for the election of a knight of the shire, to attend gratis from day to day, from 9 in the forenoon to 3 in the afternoon on each day, at the place where the records of the county are kept, from the time of the delivery of such notice to the day immediately preceding the day of election, for the purpose of receiving applications for the inspection of such duplicates and for making copies of them; these several duties of the clerk of the peace and his s. 16. 18, 19. deputy are enforced (s. 16, 18, 19.) by a penalty of £.500 to be recovered by the party grieved by action of debt, &c. Penalty for de- in any court of record at Westminster, provided such action is brought within 2 months after the offence shall have been committed, or otherwise by such person as shall sue within 12 calendar months for the same; and such clerk of the peace, &c. shall upon conviction forfeit his office, and be incapable of being a clerk of the peace, &c. for s. 17. such county, &c. or of acting as such; and by s. 17. final judgment upon any verdict obtained against such clerk of the peace, &c. shall be deemed a sufficient conviction. fault. Freeholds in counties of ci The 19 Geo. 2. c. 28. s. 3. Eng. also provides that no perties or towns to son shall vote for the electing a member for any city or town being a county of itself in England, in respect of be assessed. 19 Geo. 2. c. 28. s.3. Eng. any freehold messuages lands or tenements of the yearly value of 40s., where the right of voting therein shall require the freehold to be of the yearly value of 40s., which have not been assessed towards some aid granted to his majesty by a land tax, 12 calendar months next before such election, provided that nothing herein shall restrain any any person from voting at any such election for such city, &c. in respect of any rents, or any messuages or seats belonging to any office, by reason that the same have not been usually assessed to the land tax and the acting commissioners of the land tax, or any 3 of them, at their meetings, shall sign and seal a duplicate of the copies of the assessments delivered to them by the assessors, after all appeals determined, and the same shall deliver to the officiating clerk of the peace within said cities, &c. to be kept amongst the records of the sessions, which all persons may inspect, paying 6d.: and the said clerks of the peace, or their deputies, shall give copies of the said duplicates, or any part thereof, to the person paying at the rate of 6d. for every 300 words. As there is no land tax in Ireland' these provisions are peculiar to England. And by the 42 Geo. 3. c. 116. E. & W. persons may vote at election's 42Geo.3.c.116 in England and Wales, out of lands, &c. the land tax s. 200.E. & W. whereon has been redeemed or purchased (in pursuance Proviso as to lands, the land of this and other acts herein recited) without shewing such tax whereon is lands, &c. to have been assessed to the land tax. redeemed, c. ante Length of pos session of free s. 5. Eng. The clause (s. 5.) of the 18 Geo. 2. c. 18. Eng. p. 22. further provides, that no person shall vote at any hold required. election for a county, without having been in the actual 18Geo. 2. c.18. possession or in the receipt of the rents and profits of his freehold, for his own use, above 12 calendar months, unless the same came to him within said time by descents marriage, marriage-settlement, devise, or promotion to a benefice in a church, or by promotion to an office, [*or in *vide next page respect of any estate which was granted to him fraudu- Fraudulent qua◄ lification. lently on purpose to qualify him to vote]: And if any persón shall-vote contrary to the true intent hereof, he shall Penalty for voting contrary forfeit £40. to any candidate for whom such vote shall not to this clause, have been given, and who shall first sue for the same, to be recovered, with full costs, by action of debt, in any court of record at Westminster: and the proof shall lie upon the defendant. And the 19 Geo. 2. c. 28. Eng. 19 Geo.2. c.28. contains the same provision in respect to persons voting s. 4. Eng. in cities or towns, being counties of themselves, in right of freehold estates of the yearly value of 40s. The provisions of the Irish election law which are analogous will be presently mentioned. By tvide post,p.30. Fraudulent con a qualification for voting. 10 Ann. c. 23. s. 1. Eng. grantor. or citizen or burgess," 35 Geo.3. c.29. Ir. + not in 35 Geo.3. c.29. Ir. By the 7 & 8 W. 3. c. 25. s. 7. Eng. all conveyances of veyance void, as any lands, &c. in any county, city, borough, &c. in order to multiply voices, or to split and divide the interest in any 7 & 8 W. 3. houses or lands amongst several persons, to enable them c. 25. s. 7.Eng. to vote at elections of members, shall be void, and no more than one single voice shall be admitted for one and the same house or tenement. And by the 10 Ann. c. 23. s. 1. Eng. all estates and conveyances made to any person in any fraudulent or collusive manner, to qualify him to But good against give his vote at the election for a knight of the shire,* subject to conditions or agreements to defeat or determine such estate, [tor to reconvey the same,] shall be here added in deemed against those who executed the same as free and absolute, and be holden discharged of all trusts, condi tions, clauses of re-entry, powers of revocation, provisoes of redemption, or other defeazances, between or with the said parties, or any person in trust for them; and all bonds, covenants, collateral or other securities, contracts or agreements, for the redeeming, revoking, or defeating such estates, or for the restoring or reconveying thereof, or any part thereof, to the party making such conveyance, or any other person in trust for him, shall also be void; and every person who shall make and execute such conveyance, or being privy to such purpose shall devise or prepare the “ £100.” in same, as also every person who shall vote by colour there3 Geo.3.c.29. of, shall forfeit ‡£40. with full costs, to any person who shall sue for the same, [§by action of debt, &c. in any court of record at Westminster.] And the 13 Geo. 2. c. 20.Eng. extends the provision of the 10 Ann. c. 23. s. 1. Eng. to cities and towns which are counties of themselves. 35 Geo. 3. c. 29. Ir. contains a provision nearly corres35 Gen 3.6.2 ponding, the variations being pointed out in the marAnalogous pro- gin. And the 45 Geo. 3. c. 59. I. further provides, bare of Ireland. (s. 8.) that if any person shall fraudulently and knowingly 45 Geo.3. c.59. 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 against the grantor for every purpose but enabling the grantee to vote. And by s. 9. if such Penalty of a grantee shall be possessed only of a term of years therein, termor's attempt to create a free and shall demise the same, or any part thereof, for a life or lives, with intent to induce the lessee therein to register I. § "in manner herein after (s 75.) directed," in 35 Geo.3.c.29. In 13 Geo 2. c.20. Eng. c.20 visions of the s. 8. I. hold. 3. 9. The such such as a freehold, or to vote as a freeholder thereout, he shall forfeit £.100 to any person who shall sue, &c. in any court of law. The 35 Geo. 3. c. 29. s. 28. Ir. fur- 35 Geo. 3. ther provides against other fraudulent contrivances to c. 29. s. 28. fr. multiply votes, by enacting that no person shall be ad- No vote out of mitted to vote at any election by virtue of any freehold freehold fraudu lently exchanggranted fraudulently, or in exchange for a freehold in any ed, &c. other county, or in consideration of any increase of rent other lands in the same or any other held by such person from the grantor, though such consideration be not expressed in the deed of grant; which clause is peculiar to the Irish election law. out of any county c. 24. Eng. In respect to freeholds which arise out of annuities or Annuitants and rent-chargers rent-charges issuing out of freehold lands or tenements, right to vote. the 3 Geo. 3. c. 24. Eng. recites that such conveyances 3 Geo. 3. were of a private nature, and liable to fraudulent practices, and therefore provides that no person shall vote thereout, if granted before the 1st June 1763, unless a certificate upon oath shall have been entered 12 calendar months at least before the first day of such election, with the clerk of the peace for the county, or with the clerk of the peace, town clerk, or other public officer having the custody of the records, within the city or town where the lands, &c. be, the form of which is thereby prescribed, viz. "I A. B. ofam really and bona fide seised ❝of an annuity or rent charge for my own use and be❝nefit, of the clear yearly value of 40s. above all rents "and charges payable out of the same, wholly issuing Certificate en“out of freehold lands tenements or hereditaments be- of the peace. ❝longing to C. D. of situate lying and being in "the parish, township, or place, or parishes, townships or "places, of—in the county of -without any "trust, agreement, matter, or thing to the contrary not"withstanding, and I, or the person or persons under "whom I claim, was or were seised of the said annuity or rent-charge before the first day of June, 1763.” And by s. 2. where any such annuity, &c. shall come to any person by descent, marriage, marriage settlement, devise, or presentation to a benefice in a church, or pròmotion to an office, within 12 calendar months before the election, tered with clerk |