England.
Freeholders at

elections for

knights of

shires and ci

Annuities.

deemed, proof of such redemption on
is sufficient, 42 G. 3. c. 116. s. 200.

be assessed to the land tax, H. C. 201.

oath or otherwise, Tithes need not

In elections for knights of shires, and cities and towns, being counties, if the interest consist of an annuity or rent charge issuing out of land, a memorial of the grant ties and towns of such annuity or rent charge, must have been registered, being counties. and a certificate of the assessment where it has been assessed, entered with the clerk of the peace twelve months before the election, 3 G. 3. c. 24. s. 3 & 4. unless, by s. 2. it came to such person by descent, marriage, devise, or presentation to a benefice or promotion to an office within twelve months, and then it must be entered before the day of election, and unless it be a reserved or fee-farm rent, assessed to the land tax. By 42 G. 3. c. 116. s. 154. the purchasers of land tax are entitled to vote as the owners of a fee-farm rent, and by 51 G. 3. c. 99. it is not necessary to register any certificate or memorial of the purchase thereof, as of other fee-farm rents and annuities. Annuities from the crown or in respect of offices need not be registered, H. C. 234. 236. 2 Lud. 431. 500.

The interest must be freehold, and therefore persons holding by copy of court roll, cannot vote.* They are also expressly disabled by 31 G. 2. c. 14. s. 1. on the penalty of 50%., to be recovered by any candidate first suing for it, for whom they did not vote. By this act, tenants in ancient demesne, and persons who hold their estates by a species of tenure called tenant-right, which prevails, principally in Northumberland, Cumberland, and Westmoreland, are disqualified, but customary freeholders have the right of voting, H. C. 75. to 84.

laid down; but if the 20 G. 3. c. 17, the title of which includes voters at counties generally, and not merely for knights of shires, be considered to extend to cities and towns being counties, there would be the same period of, and the same regulations as to, assessment in both places, and the law on the subject would harmonize much better.

* It is worthy of remark, that, though under the act of 9 A. c.5. 8.1. a freehold or copyhold estate of 300l., or 600l. a year is the qualifica

Electors for

By the 33 H. 8. sess. 2. c. 1. (I) it was provided that Ireland. the electors of knights of shires in Ireland, should have knights of a freehold estate of the yearly value of forty shillings shires. above all charges. As far, therefore, as the value of the estate was the criterion of the qualification, the right to vote in respect of freeholds was originally the same in England and Ireland. In the latter country, however, though the right has not been expressly altered, it has, by numerous regulations, been very much modified. These are various, depending, on the place for which the election is held, whether it be for a knight of a shire, or for a county of a city or town, on the nature of the interest, whether it consist of land, or of a charge issuing out of land, and on the amount, whether it be of forty shillings, twenty pounds, or fifty pounds.

In the 35 G. 3. c. 29. (I) 37 G. 3. c. 47. (I) 45 G.3. Freeholders c. 59. and 1 G. 4. c. 11., with respect to counties registering gene- freeholds. rally, and in the 4 G. 4. c. 55. for counties of cities and towns, the provisions for registering freeholds are contained, and persons cannot vote in Ireland in respect of a freehold, unless it has been registered previous to the teste of the writ.

By 35 G. 3. c. 29. s. 40., and by 4 G. 4. c. 55. s. 29., no rector, vicar, or curate, shall be obliged to register his freehold arising from his ecclesiastical preferment, or be precluded from voting on account of the nonregistry thereof.

s. 2.

towns.

On the day before, unless a Sunday, and then on the 4 G. 4. c. 55. day but one before the opening, and on the day after, Counties of unless a Sunday, and then on the second day after the cities and closing of the quarter sessions, the chief magistrate shall, on the request of a freeholder, hold an open court of sessions, for the purpose of registering all freeholders presenting themselves, from ten o'clock A. M. to four o'clock P. M. the chief magistrate need not attend during the time that any two justices shall attend.

tion for an M.P., a copyhold estate, however great the value may be, is no qualification to vote at any place in England, except Cricklade and Westbury.

4 G. 4. c. 55. s. 3.

35 G. 3. c. 29. s. 45.

37 G. 3. c. 47.

8. 11.

4 G. 4. c. 55.

s. 15.

45 G. 3. c. 59.

s. 13. Counties,

35 G.3. c. 29. s. 36.

8. 9.

Persons may register freeholds at such special sessions in counties of cities and towns, and in all counties at any quarter sessions, and every adjournment thereof.

The registry of any freehold shall not be impeached on account of any irregularity in holding or adjourning any sessions, from whence the sessions at which such freehold shall have been registered shall have been adjourned provided such latter session shall have been duly held in all other respects.

In case of no adjournment, or no adjournment of an adjournment of the sessions, and such sessions shall lapse, a sessions shall be held the first Monday in the next month at the place where the last sessions of the peace shall have been held, for the purpose of registering freeholds, and such sessions may be adjourned to any city or market town of the same county.

Persons possessed of freeholds of the yearly value of 4G. 4. c. 55. fifty pounds, may take the requisite oath before a judge in any of the courts in Dublin, or at an assize, and upon its being read aloud in court at any sessions of the peace, and signed by the justices, and delivered to the clerk of the peace, such oath shall be of the same effect as if it had been made at the sessions.

37 G. 3. c. 47. s. 8.

s. 10.

Freeholders in actual service in the army or militia, 4 G. 4. c. 55. may take the oaths at any sessions of the peace, or adjournment thereof (would this include an adjournment of an adjournment?) for the place where they are quartered, and when read aloud in court at the sessions of the peace, or an adjournment, or an adjournment of an adjournment thereof, and delivered to the clerk of the peace, such oath shall be of the same effect, as if it had been made at the sessions of the peace for such place.

By the 37 G.3. c. 47. s. 15. no person shall be deemed not properly registered, on account of the affidavit not being on stamped paper, or not having been read aloud in open court. There is, however, no such pro vision in the 4 G. 4.

1 G. 4. c. 11. s. 32.

4 G. 4. c. 55. s. 11.

35 G.3. c. 29.

s. 41.

No freehold by virtue of a written instrument shall be registered unless the deed be duly stamped, and the clerk of the peace shall state in every certificate of the registry of a freehold of the value of forty shillings, by virtue of a written instrument, that the same was stamped according to law.

The clerk of the peace shall give a certificate of the re4 G. 4. c. 55. gistration of his freehold to every person demanding it, for which he shall pay three pence.

s. 12.

35 G. 3. c.29. s. 25.

Knights of shires' rent

No person shall vote for knights of shires by virtue of a freehold arising from a rent charge, unless it be of charge under the clear yearly value of twenty pounds. 201., no quali

fication.

35 G. 3. c. 29. s. 25.

Knights of shires.

This now only extends to elections for knights of shires, and it is clear by the 4 G. 4. c. 55. s. 23. that persons possessed of a freehold arising from a rent charge, though of the amount only of forty shillings a year, are entitled to vote in counties of cities and towns. By the 45 G. 3. c. 59. provisions were made as to freeholds under the yearly value of twenty pounds; but it appears not to have been intended to include a freehold under that amount arising from a rent charge.

No person shall vote for knights of shires in respect of a rent charge above twenty pounds, and for counties of cities and towns in respect of a rent charge above 4 G. 4. c. 55. forty shillings, unless the same shall have been registered by sect. 34 of the 35 G. 3. (I.) within eight years, and twelve months at least, and by the 4 G. 4. twelve months at least, previous to the teste of the writ.

s. 23.

Counties of cities and towns.

35 G. 3. c. 29. s. 31.

Knights of shires.

4 G. 4. c. 55. s. 23.

Counties of

cities and towns.

s. 4.

No person shall vote in respect of a freehold registered as of the value of fifty pounds or twenty pounds not arising out of a rent charge, unless registered six months at the least before the teste of the writ, and by the 4 G. 4. if let to the person from whom it is held, or to any person in trust for him, or for the term for which it is held, unless it shall have been registered twelve months previous to the teste of the writ.

45 G. 3. c. 59. No person shall vote by virtue of a freehold under the yearly value of twenty pounds, unless registered twelve months at the least, previous to the teste of the writ.

Knights of shires.