3. 6. Ir. books are truly and exactly made according to the direc37 Geo. 3. c.47. tions of this act. And by the 37 Geo. 3. c. 47. s. 6. Ir. Penalties for if any clerk of the peace for any county, county of a defaults of clerks city, or county of a town, shall omit or neglect to deli of the peace. s. 43. Ir. tries. ver in court to the sheriff, previous to the commencement of a poll, the books of registry as required by the 35 Geo. 3. c. 29, or shall omit to make oath respecting same, as thereby also required, such clerk of the peace shall forfeit, for every book so omitted to be delivered, the sum of £.500; one half to the person suing for it, and the other half to such use as the grand jury thereof 35 Geo. 3. c. 29. shall at any subsequent assizes direct. By the 35 Geo. 3. c. 29. s. 43. Ir. every clerk of the peace shall, within 10 days after every sessions, deliver to the treasurer of Copies of regis- the county a true copy of every entry of registry by him. made at such sessions, which copy shall be kept by the said treasurer amongst the accounts of the said county; and that at the request of any freeholder of said county, the clerk of the peace, or treasurer, shall, within 10 days from such request, deliver a true copy of the registry of all the freeholders which shall have been registered in such county at the rate of 3d. for every 100 persons names contained in said copy. And by s. 44. if any Penalty for de- clerk of the peace shall omit to give the copies hereby required, within the time limited, to the treasurer of the county, he, shall forfeit for every such offence £.100, and be incapable of serving as clerk of the peace for any county; and if he shall neglect or refuse to attend at any sessions whereat freeholders may be registered by virtue of this act, or shall omit to give copies of the registry or any poll-book lodged with him within a reasonable time after demand, he shall forfeit £.50 to any person suing for the same. And by the 40 G. 3. c. 80. s. 6. Ir. 5. 44. fault of clerk of the peace. s. 6. Ir. 40 Gen. 3. c.80. (which appears to have superseded the other parts of this clause of the 35 Geo. 3.) if any clerk of the peace shall omit or neglect to keep any of the books of registry in the manner prescribed by law, or to file any affidavit or affirmation' delivered to him by the court to be filed, he shall forfeit £.50* to any freeholder who shall sue, by action, &c. in any court of record. And if any clerk of the peace ghall destroy, *The penalty is £. 100 by 35 Geo. 3. c. 29. s. 44. Ir. destroy, or wilfully or negligently permit to be destroyed, or shall maliciously, fraudulently, corruptly, or wilfully make or permit to be made any alteration, erasure, obliteration, or interlineation in any such book of registry, or neglect to attend by himself or his deputy, at any election for any county, town, or city, with all the books of the registry of the freeholders, and the affidavits on which the same are founded, and to remain there during the whole of such election, he shall be guilty of a misdemeanor, and be imprisoned for 3 years, or suffer such other punishment as the court shall think fit, and be for ever incapable of holding the office of clerk of the peace. The 45 Geo. 3. c. 59. s. 11. I. also enacts, 45 Ger. 3. c.50. that the several clerks of the peace shall, from time to time, as directed by the 35 Geo. 3. c. 29. Ir. give to every freeholder who shall require the same, a full, true, and correct return of the names of such persons as shall re- Form of clerk of gister their freeholds according to the directions of this the peace's copies act, and of the 35 Geo. 3. c. 29., and shall certify at the gistries foot thereof that the said return so made is true and correct, according to the following form of schedule: s. 11. 1. . or returns of re 8. 10. For the better securing the performance of the duties directed by this or any act to be performed by the clerk of the peace, or his deputy, in respect to the registry of freeholds, this act provides, s. 10. that the several clerks of the peace of the several counties of Ireland shall, at the general quarter-sessions of the peace, or adjournment thereof, next after the passing of this act, or next after his appointment, take and subscribe the oath following: "I A. B. clerk or deputy clerk of the "peace for the county of -(as the case may Oath of clerk of "be) do swear that I will faithfully and honestly, the peace. ❝and without favour or affection, perform and discharge "the several duties directed to be performed by the "clerks Election of ci gesses. counties of cities, &c. " clerks and deputy-clerks of the peace, by an act passed "in the parliament of Ireland in the 35th year of the "reign of his present Majesty, intitled, "An act for re σε gulating the election of members to serve in parlia"ment, and for repealing the several acts therein men"tioned," and by an act passed in the 45th year of his present Majesty's reign, intitled, *(here set forth the "title of this act) and that I will not demand or receive any fee or fees, for discharging any of the said duties, " which I am not entitled to by law:" so help me Godwhich oath the said clerks, &c. are required to deliver to the treasurer of the county, 'to preserve amongst the records of the county. Next as to such cities and towns in England as are countizens and bur- ties of themselves, the 19 Geo. 2. c. 28. s. 4. Eng.. 19Geo. 2. c. 28. enacts, that no person shall vote in the election of a s. 4. Eng. member for any such city, &c. in which persons have a right to vote in respect of land, &c. of the yearly value Freeholders in of 40s. unless such person shall have a freehold estate in such city, &c. of the clear yearly value of 40s. above all rents and charges payable out of the same; and shall have been in the actual possession, or in receipt of the rents and profits thereof, for his own use, above 12 calendar months, except the same came to him within that time by descent, marriage, marriage-settlement, devise, or promotion to any benefice in a church, or by promotion to an office; and no person shall vote in right of any freehold estate granted to him fraudulently on purpose to qualify him to give his vote, and the penalty for voting contrary to the true intent hereof is £.40; By s. 5., no public or parliamentary tax, church or parish rate or duty, or any other tax, rate, or assessment within such cities, &c. shall be deemed to be any charge payable out of any freehold estate within the meaning of this act;which several provisions are similar to those of the + 18 Geo. 2. c. 18. s. 5. in respect to freeholders in counties at large. The clause of this statute 19 Geo. 2. 28. s. 3. 5. 3. +Vide ante, Pages 22-5-6. Eng. **~An act for amending an act passed in the parliament of Ireland in the 35th year of his present Majesty, for regulating the election of members to serve in parliament, so far as relates to freeholds under the yearly value of £.20; and for making further and other regulations relating thereto. Eng. which requires freeholds in counties of cities, &c. to be assessed to some land tax aid, has been already stated, ante p. 24. The clauses of the 35Geo 3. c.29. Ir. 37 Geo. 3. c. 47. Ir. 40 Geo. 3. c. 80. Ir. and 45 Geo, 3. c. 59. I. which have been already abridged, provide as well in respect to freeholders in counties of cities and towns, as in counties at large. ? admitted 12 months before. election. 3 Geo 3. c. 15. 8. 2. Proviso. 8.3. The statutes which regard the elective franchise of Freemen to be freemen in cities and boroughs are next in order. The 3. Geo. 3. c. 15. s. 1. Eng. enacts, that no person shall vote as a freeman at any election of members for any city, town, s. 1. Eng. port, or borough, in England, &c. unless such person shall have been admitted to his freedom 12 calendar months before the first day of the election; and every person who shall vote as a freeman, not being so qualified, shall forfeit £100. to any person who shall sue for the same, and such vote shall be void: But by s. 2, nothing herein shall extend to any person entitled to his freedom by birth, marriage, or servitude, according to the custom of such city, &c. By s. 3. if any mayor or other officer of any corporation, or other person, small. wilfully and fraudulently antedate, or cause to be ante- Penalty of antedating admis dated, any admission of any freeman, such mayor, &c. sin. shall forfeit £500. to him who shall sue for the same. And by s. 4. the mayor, bailiff, sheriff, town-clerk, or 8.4. officer of any corporation, having the custody or power over the records of the same, shall, upon the demand of admission of freemen to be any candidate, or his agent, or any 2 freemen, on pay-open to inspec ment of is, permit such candidate, &c. between 9 in ton of candidutes, &c. the morning and 3 in the afternoon, at any time before. and within one month after any such election, to inspect the books and papers wherein the admission of freemen shall be entered, and to have copies or minutes of the Copies to be admission of so many freemen as such candidate, &c. given. shall think fit, upon paying to such officer a reasonable charge for writing the same; and such books, &c. shall, Books, &c. to if demanded by such candidate, &c. be produced by be produced at election. such mayor, &c. at any election, and be referred to in case any dispute shall arise touching the right of any person to give his vote; and if such mayor, &c. shall refuse to such candidate, &c. the inspection of such books, Books, &c. of fault. $. 5.& 6. Tecovered. books, or to have copies or minutes thereof, or shall Penalty for de- refuse or neglect to produce such books, &c. at any election, if demanded and paid for as aforesaid, such mayor, &c. shall forfeit £100. to him who shall sue for the same. By s. 5. the penalties in this act shall be recovered, Flow and when with full costs, by action of debt, &c. in any court of record at Westminster: Provided (s. 6.) that the prosecution be commenced within a year. By s. 7. the returnAct proclaimed, ing officer shall read, (or cause, &c.) openly, this act at the time of the election of members for cities, &c. where the right of election is in the whole or in part in freemen, immediately after reading the 2 Geo. 2. c. 25. Eng. against bribery. Bys, & this act shall not extend to London or Norwich. And the 35 Geo. 3. c. 29. Ir. in % s. 8. London and Norwich excepted. s. 29. Ir, admitted, ca lendar months writ. S. 73 Candidate, Te. to be permitted to inspect entry of admission. . a similar manner provides, (s. 29) that no person shall 35 Gen. 3.c.29. vote as a freeman at any election of a member, &c, whose freedom shall not have come to him by service, birthFremen to be right, or marriage, unless he shall have been admitted to his freedom, or his freedom shall have been granted to before teste of him, 6 calendar months before the teste of the writ. And by s. 73. any mayor or other officer of any corporation shall, upon the demand of any candidate, on payment of 2s. 6d permit such candidate, agent, or freeman, between the hours of 12 at noon, and 3. in the afternoon, at any time before and within one month after such election, to inspect the, books and papers wherein the admission of freemen shall be entered, and to have copies or minutes of the admission of so many freemen as such candidate, &c. shall think fit, upon payment of 2s. 6d. for every admission; and such books shall, if demandedBooks to be pro- by: such candidate, &c. be produced by such mayor, &c. and if such mayor, &c. shall refuse, such candidate, &c, the inspection of such books, &c. at any election, if demanded and paid for as aforesaid, he shall forfeit £50. to him who shall sue for the same as in s. 75 & 78. post. The 26 Gea. 3. c. 100. Eng, enacts, that no person shall of inhabitancy be admitted to vote atelections for cities and boroughs 26Geo.3,c.100. in England and Wales, as an inhabitant, paying scon and s. 1. Eng. lot, as an inhabitant house-holder, house keeper, and pot,waller, legally settled, or as an inhabitant householder, house-keeper, and pot-waller, or as an inhabitant * And to take copies. duced. Penalty for default. Vaters in right householder |