Compholders ex cluded. 31 Geo. 2. a second husband, such second husband shall be entitled 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 metes 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. The 31 Geo. 2. c. 14. s. 1. Eng. enacts that no per 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 vote 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, £.50 to be recovered by him his executors and administrators 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. Voting out of 35 Geo. 3. c. 29. s. 27. Ir. By the Irish election law holds required. 35 Geo. 3. c. 29.s. 26. Ir. The 7 and 8 Wm. 3. c. 25. s. 7. Eng. enacts, that no person shall have any vote in electing members, for any trust estate, or mortgage, unless such trustee of mortgagee be in the actual possession or receipt of the rents or profits thereof; but the mortgagor or cestui qué trust in possession may vote thereout. The 35 Geo. 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 teste of the writ. The several clauses of the election law of Ireland which occupation and respect the actual occupation and registry of freeholds, registry of freeare also calculated to prevent occasional and fraudulent 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 from whom he holds or derives the same, or to any perbe let to lessor, son in trust for him, or to his heirs or assigns, if the yearly value be under £.20.;-nor out of any freehold Freehold not to or for the term of lessee, 8. 30. Actual occupa which shall be let, &c. to any person for the same term for which he holds the same, if under the yearly value of £.20; and by s. 30. no person shall vote out of a freehold under the yearly value of £.20, unless it shall have been in his actual occupation, either by his residing tion. 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 £20. such demise.-The 45 Geo. 3. c. 59. s. 1. I. (which recites 45 Geo. 3.c. 59: the 35 Geo. 3. 29. Ir. and by s. 7. confirms all the provi- s. 1. & 7. L sions, clauses, 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 "in the county of "city or town of --(or of the county of the "swear (or if a quaker affirm) that I am a freeholder (naming the townland or townlands, or other denomina"tion by which the place is generally known, and barony " or half-barony, or baronies or half-baronies wherein it is "situate * 27th June 1805—but by s. 12. a special exception is made as to freeholds registered before 1st August 1805, in cases of elections, the writs for holding which shall bear date before the 29th Sept. 1809. Oath of a freeholder upon registering. 3.3. Lease, &c. indorsed by clerk of peace. S. 4. "situate) in this county, (and if in a city or town, or 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 shalį 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 the holds s. &c. the clear yearly value of £.20 who shall not have so re- Time of regis gistered 12 calendar months before the teste of the writ. tering such freeThe 35 Geo. 3. c. 29. Ir. contains a provision, s. 32. that 35 Geo. 3.c. 29. if the freehold to be registered be under the yearly value * 32. Ir. of £.20—and shall have come by descent, devise, marriage, or marriage-settlement, and was demised at the time it Oath where freed hold by descent, so came, and continues to be so held under such demise, d the words in the oath or affirmation "and that I am in "the actual occupation thereof by residing thereon, or "by tilling or grazing to the amount of 40s. yearly va"lue thereof" may be omitted, and the following words substituted," and that the said freehold came to me by "descent, devise, marriage, or marriage-settlement (as the " case may be) and was demised at the time it so came "to me, and still continues to be held under such de"mise;" which provision is it seems by virtue of the 45 Geo. 3. c. 53. s. 7. I. to be applied and extended to the registries under this imperial statute. The 37 Geo. 3. 37Geo. 3. c. 47. c. 47. s. 4. Ir. has provided in the case of any freehold coming by descent, devise, marriage, or marriage-settle- Time of regisment, that such shall be registered 6 months previous to the teste of the writ; but it seems questionable whether this provision, so far as respects freeholds under the yearly value of £20, has not been altered by the above clause of the 45 Geo. 3. c. 59. s. 4.-The 37 Geo. 3. c. 47. s. 17. Ir. also provides that the registry of any freehold situated in any county of a city, or county of town, in which the denominations of town lands or baronies are not in use, shall be good and effectual, although the affidavit of registry does not name any town-land, barony, or half-barony, in which such freehold is situated, and the oath as framed by the 45 Geo. 3. c. 59. I. is accordingly adapted to freeholds so situated. 1 a s. 4. Ir. ring such free holds. s. 17. Registry of freeholds in counties of cities or towns. £.20 £.50 37 Geo. 3. c.47. The oath prescribed by the 37 -Geo. 3. c. 47. s. 1. Ir. Registry of for persons seised of freeholds not consisting of rent-freeholders. charges, who shall desire to register them as being of . 1. Ir. the value of £.50 or £.20, is in the words following:-"I-of-in the county of—or of the "town or city of- -(as the case may be) do swear (or "if a quaker do affirm) that I am a freeholder of VOL. I. D "and " and that I have a freehold therein arising from a house "or houses, and land, or both, or other hereditaments (as "the case may be) of the clear yearly value of £.20 or "£. 50. (as the case may be) above all charges payable "out of the same, lying and being at-- —(naming "the parish or parishes, or the town-land or town-lands, "and barony or half-baronies wherein it is situated, "(which words town-land or town-lands, barony or ba"ronies of need not be named if the freehold "be in the county of a town or city) in this county, "and that the said freehold does not arise from a rent"charge, nor have I procured it fraudulently, nor has "it been granted fraudulently to me, or in exchange for "a freehold in any other county." And no freehold of £.50 (or £.20) registered since the passing of the 35 Geo.3. c. 29. Ir. shall be deemed to be unduly registered on account of the omission of these words in the oath prescribed by 35 Geo. 3. c. 29. Ir. "* and that I am in the "actual occupation thereof by residing thereon, or by "tilling or grazing, to the amount at least of 40s. yearly "value thereof; and that the said freehold is not set, "or agreed to be set, nor do I intend to set the same to "the person or persons from whom I hold it, or to the "heirs or assigns of such person or persons, or to any one " in trust for him, her, or thein, and that I have not agreed 97Geo. 3. c. 47. " to set it for the term for which I hold it."-But by s. 2. no person having a freehold of the yearly value of £.50 or £.20, who shall have set, or agreed to set the same to the from whom he holds it, or to the heirs or assigns person of such person, or to any one in trust for him, or who has set or agreed to set the same, or more thereof than shail leave a sufficiency to constitute such freehold, for the term for which he holds it, shall vote thereout at any election, unless he shall have registered the same one year previous to the teste of the writ. And in respect to such freeholds as shall come by descent, devise, marriage, When months, or marriage-settlement, they are by s. 4. of this act required before teste of to be registered 6 months previous to the teste of the writ. s. 2. Ir. When to be registered one year, orit. s. 4. By *Py 35 Geo. 3. c. 29. s. 31. these words from and to thereof shall be omitted. |