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 elections 42Geo.3.c.116 in England and Wales, out of lands, &c. the land tax whereon has been redeemed or purchased (in pursuance Proviso as to of this and other acts herein recited) without shewing such tax whereon is lands, &c. to have been assessed to the land tax. 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.1a. 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 page respect of any estate which was granted to him fraudu- Fraudulent qua lently on purpose to qualify him to vote]: And if any person shall vote contrary to the true intent hereof, he shall Penalty for

s. 200. E. & W.

lands, the land

redeemed, c.

ante Length of pos

session of free

s. 5. Eng.

lification.

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 Gen. 2. c.28. contains the same provision in respect to persons voting s. 4. Eg, 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

toide pos', p.30.

Fraudulent con

a qualification

for voting.

7 & 8 W. 5.

c. 25. s. 7. Eng.

10 Ann. c. 23. s. 1. Eng.

grantor.

# "or citizen

or burgess,"

55 Geo.3. c.29.

lr.

+ not in

35 Geo.3. c.29. Ir,

By the 7 & 8 W. 3. c. 25. s. 7. Eng. all conveyancesof

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 houses or lands amongst several persons, to enable them 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. ș. 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, conditions, 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 thereGeo.5. c.29. of, shall forfeit £40. with full costs, to any person who "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. extends the provision of the 10 Ann. c. 23. s. 1. Eng. to cities and towns which are counties of themselves.

I.

herein after

(s 75.) direct. ed." in 35

Geo.3.c.29. Ir.

13 Geo 2. c. 20. Eng.

35 Gen 3. c.20 s. 24 & 75. ir.

The

35 Geo. 3. c. 29. Ir. contains a provision nearly corresponding, the variations being pointed out in the marAnalogous pro- gin. And the 45 Geo. 3. c. 59. I. further provides, law 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

visions of the

$. 8. I.

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 grantee shall be possessed only of a term of years therein, to cre te 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 such

Penalty of a termon's attempt

35 Geo. 3.

No vote out of

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. further provides against other fraudulent contrivances to . 29. s. 28. fr. multiply votes, by enacting that no person shall be admitted to vote at any election by virtue of any freehold freehold fraudu lently exchang granted fraudulently, or in exchange for a freehold in any ed, &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.

c. 24. Eng.

In respect to freeholds which arise out of annuities or Annuitants and rent-charges issuing out of freehold lands or tenements, right to vote. rent-chargers 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 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, &c. be, the form of which is thereby prescribed, viz. "IA. B. of -am 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 "out of freehold lands tenements or hereditaments be" 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 promotion to an office, within 12 calendar months before the

election,

Certificate en tered with clerk, of the peace.

Annuities

quent to 1st.

June, 1763, to

election, a certificate upon oath, or affirmation, is required to be entered with the clerk of the peace. before the first day of such election, which certificate is in the same words Certificate when as that required by the former section save as to the con annuity by descent, &c. cluding paragraph which is as follows: " and I became "seised of the said annuity or rent-charge on the✨***** "day of last past by descent or otherwise (as "the case may happen)" and any rent-charge granted, or assignment thereof made, subsequent to said period, s. 3. & 4. is by s, 3, & 4. required to be registered in like manner 12 calendar months before the election, and further that granted subse- the memorial thereof shall be wrote on parchment and directed to such clerk of the peace, &c. and shall be he registered. under the hand and seal of the grantor, and attested by 2 witnesses, one whereof shall be a witness to the exe cution of such grant, which witness shall upon oath ber fore such clerk of the peace, &c. or his deputy, prove the sealing and delivery of such grant, and the signing and sealing of such memorial, and which memorial shall contain the day and year of the date, and the names, additions, and abodes of the parties and witnesses, and all lands, &c. out of which such annuity, &c. issues, and the parish, &c. where such lands, &c. lie, and every grant is thereby required at the time of entering the memorial thereof, to be produced to such clerk of the peace, &c. who shall thereon indorse a certificate, mentioning the day and year on which such memorial was entered; and by s. 4, no person shall vote by reason of an assignment of any such annuity or any part thereof Like certificate of assignment, made before the 1st of June 1763, unless a certificate of such assignment upon oath, to the purpose above mentioned with respect to an original annuity or rent charge, shall have been entered in like manner with the clerk of the peace, &c. 12 calendar months before the election; and as to such assignment made after the 1st day of June 1763, a memorial of such assignment, as well as of the original grant, is thereby required to be attested and registered, in the same manner as described in respect to the memorial of an original grant. As to grants or assignments made and executed in any place

S. 4.

not

s. 6.

Grants of an

nuities, how re

executed 40

office of the

not within 40 miles of the office of the clerk of the peace, &c. it is provided s. 6. that a memorial thereof respectively shall be entered and registered by such clerk of the peace, &c. in case an affidavit sworn or affirmation made before one of the judges at Westminster, gistered when or a master in chancery ordinary or extraordinary, be miles from the brought with the memorial to the clerk of the peace, &c. clerk. wherein one of the witnesses to the execution of such grant or assignment shall swear, that he saw the same executed, and a certificate of the registry to be thereupon given and signed by such, clerk of the peace, &c, shall be evidence of the registry of such memorial in all courts of record; by s. 5. the clerks of the peace, &c. of the several counties, &c. and the cities, &c. are required to keep books for entering such certificates and Duty of the memorials, and their fee for the entry of a certificate is peace. thereby 1s. and of a memorial 2s. and for every search 1s. and they are thereby also authorized and required to give copies of such certificates and memorials, which being attested by them are made evidence in all cases; their fee for such copies is 6d. for every 200 words and so in proportion for any greater number; and they are hereby authorized to administer an oath where an oath is required by this act. By s. 7. they are further required

to attend at any. election at the request of any candidate,

s. 5.

clerk of the

s. 7.

s. S.

Penalty for de

upon receiving reasonable notice, and satisfaction for such attendance; and by s. 8. any such clerk of the peace, &c. if guilty of any wilful neglect, misdemeanor, or fraudulent practice contrary to the intent of this act, forfeits fault. £.100 to any person who will sue, &c. in any court of record at Westminster; but by s. 9. no person shall be liable to any such forfeiture or penalty, unless the pro- Limitation.

secution be commenced within 12 months after incurred. The election laws of Ireland contain several clauses in respect to the registry of annuities and rentcharges, which will be found in their proper place.

s. 9.

dowress en

titled to vote,

By the 20 Geo. 3. c. 17. s. 12. Eng. where any wo- Husband of man the widow of any person tenant in fee or in tail, shall be entitled to dower out of the freehold estate of 20 Geo. 3. which her husband died seised, and shall intermarry with Eng.

a second

c. 17. s. 12.