Sect. 1.

20 G. 3. c. 17.

Sect 2.

A number of nice and difficult questions having arisen upon the right of voting, where the freeholder or his tenant was not rated by name, although the lands had, in fact, been rated in some other name, or without any name at all upon the rate, it was thought expedient to prevent such doubts in future; and therefore it was enacted, that no person shall vote at any county election, in England or Wales, who has not been assessed to the land-tax (in case Six months. there should have been one) six calendar months before the election; or, if the estate came by descent, marriage, marriage-settlement, devise, or promotion to any benefice in the church, or by promotion to an office, unless the Two years. freehold has been assessed to the land-tax within two years next before such election, in the name of his predecessor or his tenant. And as some nice questions had been raised upon the husband's right of voting in right of his wife's dower, before actual assignment, which, in little freeholds, is scarce ever done; it is provided by the same fore assign act, that he may vote in right of such freehold before an actual assignment of dower, in case the lands themselves have been charged to the land-tax.

Sect. 12.
Dower be-

ment.

Commis

sioners to deliver a form to the assessors.

And by the act of 20 G. 3. the commissioners of the land-tax are more particularly directed to deliver to the assessors, a printed form of assessment, (Vid.Appen.) who are to make their assessments by such form. And the assessors are directed to make three duplicates of such assessment; one of which, at least fourteen days before such assessment, shall be delivered to the commissioners of the land-tax, and shall be stuck upon the church door of the same parish; or, if the place where the lands lie be Publishing extra-parochial, upon the church door of the next adjointhe assess- ing parish; and if one person holds different lands or tenements belonging to different persons, the same are to be separately assessed, that the proportion of land-tax to ascertain paid by each may be separately and distinctly known; proportion. and if any one is omitted out of the assessment, he may commis- appeal to the commissioners at their meeting for receipt

ment.

Assessing

separately

Appeal to

sioners.

of assessments, giving notice to one of the assessors. And after the assessment has been corrected, one of the amended duplicates, signed and sealed by the said commissioners, or any three of them, shall be returned to the assessors, who, within ten days after, shall deliver it to one of the chief constables of the hundred within which the parish, or place, for which the assessment was made, shall lie, for which the chief constable must give a receipt, and deliver in the same unaltered, at the next quarter sessions of the peace for the county, riding, or division, in open court, the first day of the sessions, to the clerk of the peace, to be by him filed and kept of record.

Penalty of £.5 on assessors, &c. who shall alter, or neg- Penalty 51. lect to deliver, any duplicate as above directed.

Sect. 4.

The court may fine certain officers for neglect.

Sect. 5.

sors.

Sect. 6.

In case the chief constables make oath that assessors Fine assesneglected to deliver the said duplicates to them, then the fines shall be levied on the assessors, except they deliver in the duplicates within ten days after notice.

But if assessors, within the said time, shall produce to the clerk of the peace, the chief constable's receipt, then the fine shall be levied on the said constable.

Fine on

constables.

Sect. 7.

Fines to be paid to the treasurer of the county.

Sect. 8.

When assessments are not made, and returned to the Sect. 9. clerk of the peace, the justices may order them to be made and returned forthwith.

11.

And any party aggrieved, by being omitted, inserted, Sect. 10 & or overcharged, may appeal to the quarter sessions, and if Appeal to the appellant shall be adjudged, on such appeal, to have quarter sesbeen improperly omitted, he shall be deemed and taken

sions.

Sect. 1.

Sect. 13. Copies of duplicates.

clerk of

to be rated in such assessment, as if he had been originally inserted therein by the assessors.

And all persons shall be at liberty to inspect such assessments, paying one shilling; and the clerk of the peace shall deliver a copy on demand, (being paid sixpence for three hundred words,) to be signed by him or his deputy. And any of these duplicates in the hands of the commissioners of the land tax, or of the receiversSigned by general, or a true copy of such duplicates signed as aforesaid, (i. e. by the clerk of the peace or his deputy, or by such commissioners,) and purporting to be a true copy, shall at all times, and in all places, be allowed to be legal N. B. Re- evidence of such assessments and books of entries, in all cases whatever. The clerk of the peace, or his deputy, is also required to attend at every election of a knight of the Sect. 14,15, shire with original duplicates, at the request of any candiAnte,p.110. date, such candidate paying him £.2. 2s. for each day's attendance, and 18. 6d. per mile for travelling charges.

peace or commissioners, evidence.

ceiver Ge

neral can

not attest a

copy.

16.

Sect. 17, 18, 19.

Sect. 2.

Glostersh.

ca. 40. Where tenant rated generally.

Glostersh. ca. 57,

Penalty on clerk of the peace, or his deputy, making default, £.500 to party injured. The recovery of penalty by action in two months, or prosecution in twelve.

It is expressly provided, that this act shall not extend to annuities or fee-farm rents (duly registered) issuing out of any lands or tenements thereby rated or assessed.

Where the tenant of the voter was rated generally, it was presumed to be the land of the voter, unless it could be shewn that the tenant had other lands of his own within the parish, and then the presumption was resolved to be against the voter, who, in such case, must shew the land to be his own.

Where it was doubtful whether the lands voted for were within the assessment, or any article of it, it was resolved,

doubtfully

that either of the parties might give evidence to explain Sect. 2. the rate, and to induce a belief that it was or was not Where included within the assessment; and it was also deter- lands mined by eight against seven, that the assessor might assessed. give evidence of his intentions in making the rate. Where Glos, ca.57. a voter was rated under the name of Theophilus Richards, Name explained, his real name being Richard Richards, a person neither 164. assessor nor collector was suffered to prove the identity of such voter. Many other decisions on virtual rating might be stated; but since the 20 G. 3. c. 18. those questions cannot again arise.

SECT. 2. Who are capable of Voting or not, in Cities and
Towns being Counties of themselves.

WITH respect to electors in cities and towns being counties of themselves, the same law will, in general, apply to them as in counties; the following therefore is placed under both heads. *

Annuities

Where the freehold voted for, consists of an annuity, 3 G. 3. or rent charge, of inheritance or for life, in order to ascer- c. 24. tain the qualification, and to prevent frauds, which it would or rentotherwise be difficult, and indeed almost impossible to de- charges, tect at the election, it is enacted, † that no person shall

• For the observations on 13 G. 2. c. 20. 19 G. 2, c. 28. and other statutes which relate to electors in cities and towns counties of themselves, vid. ante, p. 187, et seq.

+ If the annuity or rent charge be granted after the 1st June, 1763, " memorial of the grant of such annuity or rent-charge," must be registered with the clerk of the peace for the county where the lands lie," twelve calendar months at least before the first day of such election ;" which memo. rial shall be written on parchment, and directed to such clerk of the peace, town clerk, or other public officer, and shall be under the band and seal of the grantor or grantors, and attested by two witnesses, one whereof to be one of the witnesses to the execution of such grant; which witness shall, upon oath before such clerk of the peace, town clerk or other officer as aforesaid, or their deputies, prove the sealing and delivering of such grant, and the signing and sealing of such memorial; and which memorial shall contain the

Sect. 2.

To be regis

tered a year before the election;

except it

comes

within the

certificate.

vote for, or in respect of, an annuity, granted out of lands in any county, city, or borough, unless a register or memorial of the grant of such annuity, shall have been entered with the clerk of the peace of the county where the lands lie, one year before the first day of such election. If such annuity, or rent-charge, shall have come by descent, devise, marriage, marriage-settlement, or presentayear, then a tion to a benefice, or promotion to an office, within the year, a certificate thereof must be entered, upon oath, before the election. And such memorial of the grant shall be written on parchment, and shall be signed and sealed by the grantor, and attested by two witnesses, one of whom must be a witness to the grant itself; and shall contain the particulars of such grant, by and to whom, and when made, and shall specify and particularize the lands out of which the annuity issues, or on which it is charged; and the grant itself shall be produced at the time of registering the memorial; and there shall be indorsed on the certificate to be given by the clerk of the

day and year of the date, and the name, additions and abodes of the parties and witnesses, and all the lands and tenements out of which the annuity or rent-charge issue, and the parish, township, or place, or the parishes, townships, and places where such lands and tenements lie, and that every such grant, of which such memorial is to be registered, shall, at the time of entering such memorial, be produced to such clerk of the peace, town clerk, or other officer as aforesaid, or their deputies, who shall thereon endorse a certificate, in which shall be mentioned the day and year on which such memorial shall be so entered. 3 G. 3. c. 24. s. 3.

If the voter votes" by reason of an assignment of any annuity or rentcharge, or any part thereof," made before 1st June, 1763, a certificate of such assignment. upon oath, similar to that for original grants, inust have been entered with the clerk of the peace, twelve calendar months at least before the first day of such election. If the assignment be made after the 1st June, 1763, a memorial of the assignment, and a memorial of the grant must be attested and registered as in original grants. Ibid. s. 4.

Books are to be kept by the proper officers for entering such certificates and memorials; the fees for entry of every certificate shall be 1 s. and of every memorial 2 s. and for search for any certificate or memorial 1 s. and no more, and for copies, containing not more than 300 words, 6 d. The officer may administer an oath in cases aforesaid. Copies attested by the proper officer, deemed legal evidence. Ibid. s. 5.