within 8 years. By the 35 Geo. 3. c. 29. s. 31. Ir. every freehold not con- Registry to be sisting of a rent-charge, is required to be registered 35 Geo. 3. c. 29. within 8 years preceding the teste of the writ, at s. 31. Ir. some sessions of the peace held 6 months at the least previous to the said teste, in the county, &c. where such freehold lies: (and by s. 33. where any person shall desire to register the same freehold at any subsequent time, all the words in the oath above prescribed for the registry of such freehold, after the word rent-charge, shall be omitted, and the following words inserted: "and that I "registered the said freehold on the— 46 -day of s. 33. Re-registry. s. 37. (naming the day, month and year when the affidavit of the "registry was delivered to the acting clerk of the peace;") but it is provided s. 37. that when any person shall have registered as a £.50 freeholder according to the direc- Exception as to tions of this statute s. 36,* such registry shall be deemed a 504 Freeholders sufficient registry to enable him to vote, although it shall Pages 37-8. not have been made within 8 years previous to the teste of the writ. * Vide post.. rent charges. 35 Geo. 3. c. 29. The oath prescribed by the 35 Geo. 3. c. 29. Registry of s. 34. Ir. upon the registry of freeholds arising from rent-charges, is in the words following: "I 66 -of of- --or the town or city -in the county of "of- 66 -in the year -on the lands of -day s. 34. Ir. (naming the lands mentioned in such deed, and the ba"rony or baronies, or half-barony or half-baronies wherein "the same lie) and that I am in the possession thereof "to the clear amount of £.20 yearly value thereof, and "am entitled to receive the same as it becomes due," which oath is thereby required to be taken in open court at some sessions of the peace held 12 months pre- When registervious to the teste of the writ, and such registry to be within 8 years preceding the teste of the writ; but this oath is altered in respect to rent charges which shall not have been granted by deed, the 37 Geo. 3. c. 47. s. 16. Ir. 37 Geo. 3.c.47. P having provided that in such case the words "granted by "deed bearing date the -day of—in the year may be omitted, and the particulars of the 35 Geo. 3. c. 29. title shall be inserted in the room thereof. By 35 Geo. 3. s. 25. Ir. c. 29. s. 25. Ir. no person shall vote by virtue of any freehold arising from any rent charge unless it be of the clear yearly value of £.20, nor unless he shall have been in possession for one year, and entitled to receive one years rent and profit thereof before the teste of the writ; 37 Geo. 3, c. 47. and by 37 Geo. 3. c. 47. s. 4. Ir. such freehold though it shall have come by descent, devise, marriage, or marriagesettlement, shall be registered one year previous to the teste of the writ. s. 4. Ir. 35Geo. 3. c. 29. s. 51. Ir. It is a provision of the 35 Geo. 3. c. 29. s. 51. Ir. which applies to every description of freehold, that no public or No public tax a parliamentary tax, county, church, or parish cess, or rate, charge. or any cess on any town land, or division of any parish or barony, shall be deemed a charge payable out of any freehold estate within the meaning of this act, or any of the oaths or affirmations therein. Ecclesiastics By the 35 Geo. 3. c. 29. s. 40. Ir. no rector, vicar or need not register. curate shall be obliged to register his freehold arising from his rectory, vicarage, curacy, or other ecclesiastical preferment. 35Geo. 3. c. 29. s. 40. Ir. Place of registry. S. 45. Ir. Sessions, With respect to the place of such registries, by the several clauses already referred to the oaths are directed to be taken in open court at some sessions of the peace; 35Geo. 3. c. 29. and the 35 Geo. 3. c. 29. s. 45. Ir. enacts that the general or quarter sessions may be adjourned from time to time, to be held either at any usual place of sessions, or at any market town within the county, and that every such sessions, and every such adjournment thereof, or adjournment of any adjournment, shall be deemed a sessions within the meaning of this act, but that no special sessions held for any purpose for the militia, or for licencing persons to sell ale, beer, or spirituous liquors, shall be deemed a session for registering freeholders; and the 37 37Geo. S. c. 47. Geo. 3. c. 47. s. 9. Ir. with reference to this clause, defines a market town to be any town for the holding of a market, in which his majesty's letters patent have been or shall be granted, or wherein markets have been held by prescrip s. 9. ir. tion s. 10. Adjournment s. 11. s. 13. I. tion, whether markets shall be held therein or not; and this act s. 10. Ir. enacts that all sessions or adjournments thereof, or adjournments of adjournments, shall be deemed good and valid, although no sheriff or of sessions. sub-sheriff shall have attended thereat; and by s. 11. the registry of any freehold shall not be impeached for any irregularity in the holding or adjourning of any sessions, from whence the sessions at which such freehold shall have been registered, shall have been adjourned, either directly or by any adjournment of adjournments, provided such latter sessions shall have been duly and regu larly held in all other respects. The 45 Geo. 3. c. 59. 45Geo. 3. c.59. s, 13. I. also provides that every adjournment of a sessions of the peace, and every adjournment of an adjournment, shall be deemed a sessions of the peace, and in case there shall have been no adjournment of such sessions, or no adjournment of an adjournment, and that such sessions shall in that case lapse, a sessions shall be holden, Lapse of ses at which the clerk of the peace or his deputy shall attend, sans provided for the purpose of registering freeholders, the first Mon day in the next month, at the place where the last general sessions of the peace shall have been held for that purpose, and every adjournment of every such sessions, to any city or market-town within the county, shall be deemed to be a sessions within the meaning of the 35 Geo. 3. c. 29. Ir. or of this act. The 35 Geo. 3. 35 Geo. 3. c. 23 c. 29. s. 35. & 36. Ir. and the 45 Geo. 3. c. 59. s. 2. I. re- 45Geo. 3. c. 59. spectively enact, that every oath or affirmation made. 2. L and subscribed at any sessions of the peace, as thereby Registry oaths required, shall be read aloud in open court, and be signed by two. justices, &c. signed by two of the justices presiding there, and shall be then delivered by the court to the clerk of the peace, to be filed and kept amongst the records of the court, But the 37 Geo. 3. c. 47. Ir. contains a clause, s. 15. 37Geo. 3. c. 47. enacting and declaring that no person shall be deemed unduly registered, on account of the affidavit for such Stamps not neregistry not being on stamped paper, or on account of such affidavit not having been read aloud in open court. It is a provision of the 35 Geo. 3. c. 29. s. 36. Ir. that 35Geo. 3. c. 29. when the freehold, whether consisting of a rent-charge or s. 35.-6. Ir. s 15. Ir. cessary, s. 36. Ir. or not, shall be of the clear yearly value of £.50, and £.50 freeholders may take the freeholder shall take and subscribe the proper oath the registry oath in Dublin upon registering said freehold, inserting therein the or at the assizes. words "fifty pounds" in place of the words "forty s. 8. Ir. shillings" or "twenty pounds," in any of the courts of K. B. C. B. or Exc. in the city of Dublin, or at any assizes, and the same shall be subscribed by one of the judges of such courts, or the judge of assize, such oath, &c. may be produced at any sessions of the peace as aforesaid, held in the county, &c. where such freehold lies, and when read aloud there in open court, shall be signed by two of the justices then presiding there, and shall then be delivered by the court to the acting clerk of the peace, to be filed and kept amongst the re37Geo. 3. c. 47. cords of such county, &c. And by the 37 Geo. 3. c. 47. s. 8. Ir. if any person seised of a freehold, whether consisting of a rent-charge or not, shall be on actual service, Officers in army either in the army or militia, out of the county, &c. or militia may take oaths where where such freehold lies, and shall take the oath for requartered. gistering such freehold, at any sessions of the peace, or adjournment thereof, held in the county, &c. in which he shall be quartered or stationed, stating therein the regiment, battalion, troop or company to which he belongs, such affidavit shall be subscribed by two justices of the peace presiding thereat, and countersigned by the clerk of the peace for such county, &c. who shall certify that the corps in which he serves is quartered or stationed therein, and such oath, &c. so subscribed and countersigned, may be produced at any session of the peace, or adjournment thereof, or at any adjournment of any adjournment, held in the county, &c. where such freehold lies, and when read aloud in open court, shall be signed by two of the justices presiding there, and shall be de livered to the clerk of the peace, to be filed and kept amongst the records of the county, but such affidavit, to entitle such person to vote, must be so filed the same length of time prévious to the teste of the writ, as is re quired for the registry of such freeholds. Duty of clerk of the peace. 35 Geo. 3. c. 29. S. 41. Ir. T With respect to the duty of the clerk of the peace, the 35 Geo. 3. c. 29. s. 41. Ir. further provides, that every clerk of of the peace shall give, to every person immediately on the registry of his freehold, if he shall demand it, a certificate signed by himself, certifying such person hav- Certificate of ing duly registered the same, and reciting his oath or affirmation exactly therein, under a penalty of £.5 for every neglect or refusal. The fee by this clause of this as is registry. Ir. 35 Geo.3. c. 29. act was but 3d. but the 37 Geo. 3. c. 47. s. 7. Ir. enacts 37 Geo. 3. c. 47. that there shall be allowed to any acting clerk of the peace for providing and preparing an affidavit and certificate of registry, if required so to do, the sum of 1s. and that any clerk of the peace, attorney, or other person who shall demand, receive, or take more than said. fee, shall for every such offence forfeit £.20, to any person who shall sue for the same in such manner provided by the 35 Geo. 3. c. 29. s. 75. Ir. And by the 35 Geo. 3. c. 29. s. 41. Ir, every such cer- s. 41. Ir. tificate when signed in open court by two justices, and countersigned by the acting clerk of the peace, shall dence. be of equal authenticity with the original oath, &c. in case the same shall be lost or mislaid; and by s. 42. the acting clerk of the peace is further required, during every sessions, to enter into a book in alphabetical order according to the surnames of the persons registered, the substance of every such oath, &c. delivered to him in the following form: Free holders' names. Place Place and Parish, Barony or Value. Date of Affidavit Certificate evi s. 42. Schedule. And to enter the same, in like alphabetical order and Burony Books. form, into separate books, one for each barony or halfbarony, according to the barony or half-barony, in which such freehold shall be sworn or affirmed to be; which book he shall attend with at every election for a knight of the shire, and deliver in court to the sheriff, previous to the commencement of the poll, making oath at the same time before a justice, that all the entries in the said books |