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election, a certificate upon oath, or affirmation, isrequired to be entered with the clerk of the peace before the first
day of sach election, which retificate is insbesame words Cobfeste sien as that required by the former section sere & forth cod: decent, be me clading paragraph which is as follows:“ and because
seised of the said annuity.oc remi-charge on the “ day of last past. by descent or otherwise tas “ the case may happen)” and any rest-charge grantedt,
or assignment thereof made, subsequent to said periant, s is by s 3. & 4. required to be registered in like rainer
12 calendar months before the election, and further that granted sabse the memorial thereof shall be wrote on parchment and
to directed to such clerk of the peace, &c. and shall be ke tegutered 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 bet fore such clerk of the peace, &c. or his deputy, prose 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, ade ditions, and abodes of the parties and witnesses, and ali laads, &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 ; apd by S. 4, no person shall rote by reason of Like certificate
an assignment of any such annuity or any part thereof made before the 1st of June 1763, un less a certificate of such assignment upon oath, to the purpose abore 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 esecuted in any place
not within 40. miles of the office of the clerk of the peace, &c, it is provided s. 6. (that a memorial thereof S. 6. respectively, shall be entered and registered by such clerk of the peace, &c. in case an affidavit sworn or af- muities, Wort
Grants of an firmation made before one of the judges at Westminster, gistered ucher or a master in* chancery, ordinary, or extraordinary, bę miles from the
office of the brought with the memorial to the clerk of the peace, &c. Cleries 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 there is upon 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. S. Še of the several counties, &c. and the cities, , &c. are re. quired to keep books for entering such certificates and clerk er lhe
Duty of the memorials, and their fee for the entry of a certificate is peuce. thereby ls, 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 beiny attested by them are made evidence in all cases; their fee for such copies is 6d. for every 200 words and so io 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, 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. 2.100 to any person who will sue, &c. in any court of record at Westminster; but by. s. 9. no person shall be s. 9. liable to any such forfeiture or penalty, unless the prosecution 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.
By the 20 Geo. 3. c. 17. s. 12. Eng. where any wo- Husband of man the widow of any person tenant in fce or in tail, shall be entitled to dower out of the freehold estate of 20 Geo. 3.
c. 17. 4. 12. which her husband died seised, and shall intermarry with Eng.
", titled to vote,
31 Geo, 2.
a second husband, such second husband shall be entitle, to vote in respect of such dower, if such dower shall be of the clear yearly value of 40s. although the same has not been set out by metés or bounds, if such husband shall be in the actual receipt of the profits of such dower, and the estate from whence the same issues is rated to the land tax in the name of the actual owner,
which is a provision peculiar to the English law. Copyholders ez- The 31 Geo. 2. c. 14. §. I. Eng. enacts that no per: cluded.
son who holds his estate by copy of court roll, shall c. 14. s. 1. Eng. be entitled thereby to vote at the election of any
Knight of the shire in England or Wales, but every such tote shall be void, and every person voting thereout shall forfeit to any candidate for whom such vote shall not have been given, and who shall first sue for the same, 4.50 to be recovered by him his executors and adminis, trators with full costs, by action of debt in any court of record at Westminster, wherein, &c. and in every such action the proof shall lie on the person against whom the same shall be brought; which provision is also peculiar to the English law.
The 7 and 8 Wm. 3. c. 25. s. 7. Eng. enacts, that no trust estate or
person shall have any vote in electing members, for 7 & 8 W. 3. c. 25. s. 7. any trust estate, or mortgage, unless such trustee or
mortgagee be in the actual possession or receipt of the
rents or profits thereof; but the mortgagor or cestui que 35 Geo. 3. trust in possession may vote thereout. The 35 Geo.
1. 3. c. 29. s. 27. Ir. contains a similar provision; but this
clause of the Irish statute further requires, that such trustee or mortgagee shall be so in possession 12 calendar
months before the testé of the writ. By the Irish The several clauses of the election law of Ireland which election law occupation and respect the actual occupation and registry of freeholds, registry of free. kölds required, are also calculated to prevent occasional and fraudulent 35 Geo. 3.
Je votes, and are next for consideration.—The 35 Geo. 3.
c. 29, s. 26. Ir. enacts, that no person shall vote out of any
freehold which shall be let or demised to the person I'not to from whom he holds or derives the same, or to any perte let to lessor, son in trust for him, or to his heirs or assigns, if the or for the term of lessee, yearly value be under £.20.;-nor out of añy freehold
c. 29. s. 27.
which shall be let, &c. to any person for the same term
Actual occupe have been in his actual occupation, either by his residing lion. thereon, or tilling or grazing the same to the amount of 40s. yearly value thereof, at the time of his registering the same, and also for 6 successive calendar months between the date of such registry and the teste of the writ; unless such freehold shall have come to him by Exception. devise, descent, marriage, or marriage-settlement, and was demised at the time it so came, and continues at the time of such election to be held under him by virtue of auch demise.-The 45 Geo. 3. c. 59. s. 1. I. (which recites Ascona the 35 Geo. 3. 29. Ir. and by s. 7. confirms all the provi- so b.& 7. L sions, elauses, conditions, regulations, and penalties of said recited act with respect to freeholds under £.20 not thereby altered or repealed,) further provides, that from
Registry of free *the passing of this act, every person who shall register holds under a freehold under the yearly value of £.20 not arising from a rent-charge, shall, at a sessions of the peace for the county, &c. wherein his freehold lies, held 12 months previous to the teste of the writ, produce Lease produced, in open court, the deed, lease, or instrument under which his freehold arises, and take and subscribe the following oath or affirmation.-"1 A. B. of
Oath of a free
nif the holiler upon res in the county of
or of the county of the cisterin “ city or town of as the case may be) do “ swear (or if a quaker affirm) that I am a freeholder
of the county of and that I have a freehold " therein, arising from (an house or houses, land or both, * or other hereditaments as the case may be) of the clear “ yearly value of 40s, at the least) above all charges “ payable out of the same, lying and being at* (naming the townland or townlands, or other denomina«sion by which the place is generally known, and barony * or half-barony, or baronies or half-baronies wherein it is
* 27h June 1805—but by s 12. a special exception is made as to-freeholds segistered before 1st August 1805, in cases of elections, the writs for holding e dich sball bear date before the 29th Sept. 1809.
situate) in this county, (and if in a city' or town, or “ county of a city or town, naming the same, and the
street and square, row, alley, lane, or 'place), and that “ the said freehold does not arise from a 'rent-charge, « and that the same arises by virtue of the deed, 'lease “ or instrument which I now produce, bearing date “the day of in the year for « the life and lives of A. B. and. C. D. (or in case “the said freehold be not for life or lives, then stating “the nature of his tenure, as the case may be); at the “ yearly rent of and that I am in the actual « occupation thereof, by residing thereon, or by til. “ ling, or by grazing, or by both tilling and grazing, “ (as the case may be) to the amount of at least 40s. “ yearly value thereof; and that the said freehold is not “set, or agreed to be set, to the person or persons who “ executed the said deed, lease, or instrument, or to the “ heirs or assigns of such person or persons, or to any “ one in trust for him, her, or them, nor do I intend to « set the same to such person or persons, or any of “ them; and that I have not agreed to set it for the term “ for which I hold it, nor have I procured it fraudulently « or in exchange for a freehold in any other county. “ So help me God.”—And if the freehold shall not arise by virtue of a deed, &c. then the same shall be described in the oath, &c. according to the true state and nature of the tenure; in which case the words in the foregoing oath importing that the same arises by virtue of a deed, &c. shall be omitted, and such description inserted in the place; and by s. 3. every deed, &c. produced by any person making the affidavit, &c. aforesaid, shall be indorsed at the time, in open court, by the acting clerk of the peace, with his name and the day of the month and year; and the clerk of the peace shall compare such deed, &c. with the affidavit of registry, and shall within 10 days from the date thereof, enter in the registry book the date thereof, the names of the parties, and the names of the life or lives for which the same is held; and by s. 4. from the 29th September, 1809, no person shall be admitted to vote out of a freehold under