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By the 20 Geó. 3. c. 17. Eng. amended by the 30 Frecholds in Geo. 3. c. 35. Eng. no person shall vote for electing a courtie
assessed to soms knight of the shire in England or Wales * in respect of land-tas aid.
20 Deo. 2o. 17 any messuages lands or tenements which have not been Enge charged or assessed, for 6 calendar months next before se sach 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; OT 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, &o. shall not have been, within 2 years next before such eleco tion, charged or assessed to the land tax in the name of the person through whom the person claiming to vote shall do Tie 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 in. serted in such assessment according to the form prescribed by the 20 Geo. 3. c. 17., and by the 30 Geo. c. 35, s. I. 30 Geo. 3. c. 35. Eng. any person who shall have been charged, &e. tom s 1. £18. wards some aid granted, &c. by a land tax in the name of & tenant actually occupying the same at the time of such assessment, shall be in like manner qualified to vote, ali though the name of the person so claiming to rote, or the same of the person through whoti he derives title, or of the predecessor of the person so claiming to vote, shall not be inserted in the assessment according to the forma annexed to the 20 Geo. 3. c. 17.; but annuities or fee-farm rents (duly registered)' issuing out of any messaages, &c. rated or assessed, are excepted by the 20 Geð. 3, C, 17. $, 2. This statute 20 GeQ. 3. 206eo:3c 17. €. 17. prescribes the chuty of the commissioners of the land tax in respect to delivering to assessors a printed form of assessments who are to deliver a duplicate thereof to one of the chief constables of the hundred, who is also required to gixe the same upon path to the clerk of the peace, at the next quarter sessions in court the first day of swedi sessions to be filed amongst the re
cords * Or for burgesses for Cricklade, Wilts.
min. cords of such sessions; and the clerk of the peace is 6.13. thereby also required's. 13. to permit such duplicate to
be inspected at all seasonable times, and to give copies Puty of clerk of the peace. thereof or any part thereof on payment of 6d. for every
j300 wotds or figures, and so in proportion for any lesser 8. 14. number; and by s. 14. such clerk of the peace or his de
puty is required to attend at every election of a knight of the shirë, 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 required by s. 15. after issuing any writ or precept for the election of a knight of the shiré, 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. fault.
deo in any court of recordi at Westminster, provided such ac
tion is brought within 2 months after the offence shall have.
and be incapable of being a clerk of the peacę, &c. for $. 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.. Freeholds in The 19 Geo. 2. c. 28.s. 3. Eng. also provides that no percounties of cisties or towns to. son shall vote for the electing a member for any city or 19 Geo. 2.
town being a county of itself in England, in respect of 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
Penalty for d
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 tas: 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 elections 426e0.3.0.116 in England and Wales, out of lands, &c. the land tax * * whereon has been redeemed or purchased (in pursuance Proviso as to
lands, the land of this and other acts herein recited) without shewing such ear whereon is
redeemed, & C. lands, &c. to have been assessed to the land tax. The clause (s. 5.) of the 18 Geo. 2. c. 18. Eng. ante Length of pos
session of freep. 22. further provides, tliat no person shall vote at any hold 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 descent, marriage, marriage-settlement, devise, or promotion to a benefice in a church, or by promotion to an office, [*or in *vide next poge respect of any estate which was granted to him fraudu- Fraudulent qua
lification. lently on purpose to qualify him to vote] : And if any person shall vote contrary to the true intent hereof, he shall Penalty for
voting contrary forfeit £40. to any candidate for whom such vote sliall 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. Feilb. 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.
foide pos',.90. By
tron. By the 7 & 8 W.3. c. 25. s. 7. Eng. all conveyanceso f.
to vote at elections of members, shall be void, and no
the same house or tenement. And by the 10 Ann. c. 23. 10 Ann. c. 23. $. 1. Eng. all estates and conveyances made to any person 6. 1. Eng.
in any fraudulent or collusive manner, to qualify him to But good against give his vote at the election for a knight of the shire, grantor.
subject to conditions or agreements to defeat or detercess" mine such estate, [tor to reconvev the same,] shall be hure added in, deemed against those who executed the same as free and 35 Geo.3. c. 29.9
absolute, and be holden discharged of all trusts, condi+ not in
țions, clauses of re-entry, powers of revocation, provisoes 35 Gev. 3. c.29. Ir,
of redemption, or other defeazances, between or with the said parties, or any person in trust for them; and all bonds, covenants, collateral or other securities, contracts or agreements, for the redeeming, revoking, or defeating such estates, or for the restoring or reconveying thereof, or any part thereof, to the party making such couveyance, or any other person in trust for hiin, shall also be void; and every person who shall make and execute such conveyance, or
being privy to such purpose shall devise or prepare the + £100." in same, as also every person who shall vote by colour there3: Geo.3.c.29. of, shall forfeie I£40. with full costs, to any person who so in manner shall sue for the same, ($by action of debt, &c. in any court
... of record at Westminster.] And the 13 Geo.2.c. 20.Eng. ($ 75.) direct. el." in 35 extends the provision of the 10 Ann. c. 23. s. 1. Eng. to G0.3.c.29. Ir.
cities and towns which are counties of themselves. The Eng. 35 Geo. 3. c. 29. Ir. contains a provision nearly corres55 Geo 3. c.20
. ponding, the variations being pointed out in the marAnalygons pro- gin. And the 45 Geo. 3. e. 59. I. further provides, Inx of Irelund.
med. (s. 8.) that if any person shall fraudulently and knowingly 45 (iro.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 8.9. but enabling the grantee to vote. And by s. 9. if such Penally of a grantee shall be possessed only of a term of years therein, termor's allemst in cre le 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
Shall fortes Tom. The her fraudulent con shall be
such as a freehold, or to vote as a freeholder thereout, le shall forfeit 2.100 to any person who shall sue, &c. in any court of law. The 35 Geo. 3. C. 29. . 28. Ir. fur- 25 ther provides against other fraudulent contrivances to c. 29. . 28. fet multiply votes, by enacting that no person shall be ada xos
d. No vote out of mitted to vote at any election by virtue of any freehold freehold fraudra
lently exchanggranted fraudulently, or in exchange for a freehold in any cd, &c. other county, or in consideration of any increase of rent out of any other lands in the same or any other county 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. In respect to freeholds which arise out of annuities or Anruitings and
rent-chargers rent-charges issuing out of freehold lands or tenements, rig the 3 Geo. 3. C. 24. Eng. recites that such conveyances 3 Geo. 3.
, C. 24. Eng. were of a private nature, and liable to fraudulent praco sces, and therefore provides that no person shall vote thereout, if granted before the l'st June 1763, unless á certificate upon- oath shali 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, &e. be, the form of which is thereby prescribed, siz. "I A. B. of a m really and bona fide seised w of ap-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 con « out of freehold lands tenements or hereditaments be- ore
tered with clerk w longing to C. D. of situate lying and being in " the parish, township, or place, or parishes, townships or
places, of i w the county of without any a trust, agreement, matter, or thing to the contrary not* witkistanding, 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 promotion to an office, within 12 calendar monthis before the