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63. and by s. 63. no person claiming to vote in right of being

an inhabitant only, shall vote for any member, when a Ffication for Lo qua- right of voting is vested in the inhabitants in general,

841 0 vung 18 ves soting es inha- or inhabitants and others, who shall not appear to have

been first registered in said books, or one of them, in the manner above prescribed (by s. 55.) 12 calendar

months before the time of holding such election ; but S. 64.

this act provides, s. 64. that when any such borough shall Oath where the

be situate in two different counties, every inhabitant in borougk in two whom the right of, voting is vested, may in the oath, &c. cuuruies.

prescribed to be taken at the time of registering, or in
the oath which he by s. 63. may be called upon to take
at any election, substitute the words .“ resident inhabis
« tant of that part of the borough of which
“ lieth in the county of” for the words “resident in-

« habitant of the borough of in the county of” ..s. 65. By s. 65. if any such inhabitant of such borough shall

find that the acting clerk of the peace has wilfully or Penalty for nege Ligence of clerk negligently acted in disobedience of this act, by not reof the peace.

gistering his residence as thereby directed, having been thereunto duly required, and by not giving to the churchwardens of said borough, a copy of the registry book in manner aforesaid, or by erasing, tearing out, or designedly making the same or any part thereof illegible, or designedly or through neglect suffering any person to do so, such inhabitant shall recover from the acting clerk of the peace, by civil bill, the sum of £. 20, process being served 12 days inclusive before the 1st day of the assizes; and in order that the recovery of such penalties

may be the more easy, it is provided s. 66. that the act Certificate of ing clerk of the peace, upon receipt of 6d. as aforesaid, registry.

shall deliver to the inhabitant a certificate signed by the court, and countersigned by himself, of his being duly registered, which certificate when proved, shall be sufficient evidence upon any civil bill for the aforesaid penalty; and by s. 67, if the registry book to be kept by the clerk of the peace, and the copy thereof to be kept by the church-wardens, shall both be proved upon oath, before the returning officer of the borough, to have been lost, destroyed, or withheld, or so defaced

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that the affidavits shall be illegible, either previous to or during the election, in such case any of the said certificates when proved shall be sufficient evidence upon the election, that the inhabitant producing the same has been duly registered. By s, 68. any person (not except- ' s. 68. ing the clerk of the peace or church-ivarden) who shall

Stealing or als steal, destroy, or maliciously alter the said registrý tering, 8c. Teo books, or either of them, or negligently or wilfully suf- 8 fer the same to be done, shall suffer 3 years imprisonment. It is also provided by s. 69, that such churchwardens as shall receive the registry-book from the clerk Delivery of the of the peace upon the holding of any election, shall return istry book by.

churchwardens, the same to the clerk of the peace or his order, imme- &c. diately upon being thereunto required; and such person in said office who shall have the other of said books in his possession at the expiration of his office, shall deliver the same to his successor, immediately upon being by him thereufto required, or within 10 days after the expiration of said office if not sooner required; and by s. 70, s. 70. any person who shall unlawfully detain, or refuse to de- per liver op said books, or either of them, ás aforesaid, shall delivering such

w books. forfeit £.10 for every day he shall unlawfully detain the same, to be recovered by civil bill before the judges of assize in any county where such offence shall be committed ; and shall also, upon conviction of such offenco before the judges of assize of such county, suffer one months imprisonment for every day he shall so detain the same; it is further enacted, s. 71., that the churchiwardens in such parishes as aforesaid, in case of any neglect or refusal 10 comply with the several matters required of them, strall forfeit £.100, to be recovered by any person who shall sue for the same in any court of record. " It is a provision which is common to the law of both Minors incapa

citated to vote. countries, and applying to elections in general, whether for counties, cities, or boroughs, that no person shall be 25. s. 8. Eng.

35 Geo. 3. c.29. admitted to vote at any election of a member or mem- 5. 25. Ir. bers to serve in parliament, who is under the age of 21 years; a clause to this effect being contained in the & 8 W. 3. c. 25, s. 8. Eng. and 35 Gey. 3. c. 29. $. 25. Ir.

VOL. I.

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BY

By the 22 Geo. 3. c. 41. Eng. no commissioner, collector, supervisor, gauger, or other person concerned or employed in the excise; nor any commissioner, collector, comptroller, searcher, or other officer, &c. of the custoins; nor any commissioner, officer, or other person concerned, &c. in collecting or managing the duties on stamped vellum, parchment and paper, nor any person appointed by the commissioners of stamps; nor any commissioner, or other person employed in collecting, &c. any of the duties on salt; nor any surveyor, collector, comptroller, inspector, or other officer or person employed in collecting, &c. the duties on windows or houses, nor any postmaster, postmaster-general, or his deputy, or any person employed under him in collecting, &c. the revenue of the post office, nor any captain, master, or mate of any ship, packet or vessel employed by the post master general, in conveying the mail to and from foreign ports, shall be capable of giving his vote for the election of any knight of the shire, commissioner, citizen, burgess, or baron, to sit in parliament for any county, stewartry, city, borough, or cinque port, or for choosing any delegate in whom the right of electing members to serve in parliament for Scotland is vested; and if any person so disqualified shall vote, during the time he shall hold, or within 12 calendar months after he shall cease to hold, any of said offices, such vote shall be void, and such person shall forfeit £.100, one moiety to the informer, and the other to be paid to the treasurer of the county, riding, or division where the offence shall be committed in England, or to the clerk of the justices of the peace of the county or stewartry in Scotland, and to be applied to such purposes as the justices at the next quarter sessions for such county, &c. shall think fit; to be recovered by any person by action of debt, &c. in any court of record at Westminster, or by summary complaint before the court of sessions in Scotland; and the person convicted on such suit, shall be thereby disabled from ever holding any office or place of trust under the crown; but by s. 5. such prosecution must be commenced within 12 inonths after such penalty

revenue prohibited to vote.

22Geo, 3. c.41.

Eng.

shall

4. 5.

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shall be incurred. By s. 2. this act does not extend to the commissioners of the land tax or other persons acting by their appointment; and by s. 3. offices then held or usually granted by letters patent for any estate of inheritance or freehold are also excepted. And by the 43 Geo. 3. c. 25. s. 1. I. no commissioner, Officers of the

revenue in Irecollector, surveyor, supervisor, gauger, or other person land, disqualiemployed in the excise in Ireland; nor any commissioner, fied.

43 Geo. 3. collector, surveyor, comptroller, searcher, or other per- c. 25. s. I. I. son employed in the customs in Ireland; nor any surveyor, collector, comptroller, inspector, or other person employed by the commissioners of the revenue in Ireland, in the collecting or managing, &c. any of the duties, taxes or impositions paid or levied under the direction of such commissioners; nor any commissioner or other person employed in collecting, &c. the duties on stamped vellum, parchment and paper in Ireland, nor any person appointed by the last mentioned commissioners for distributing of stamps in Ireland; nor any postmastergeneral or his deputy, or any person employed by him in collecting, &c. the revenue of the post office in Ireland, nor any captain, master or mate of any ship or other vessel employed by such postmaster-general in conveying the mail from and to Ireland, to or from Great Britain or other place, shall be capable of giving his vote in any election for the choice of any representative in parliament for any county, &c. in Ireland; and if any person so incapable of voting shall give his vote during the time he shall hold, or within 12 calendar months after he shall cease to hold, any of said offices; such vote shall be void, and such offender shall forfeit £. 100 Irish currency-one moiety to the informer, and the other to be paid to the treasurer of the county, &c. in Ireland where such offence shall be committed, to be applied to such charitable purposes within such county, &c. as the justices at the next quarter sessions for such county, &c. shall think fit, to be recovered within (bys. 4.) 12 calendar months, $. 4. after such penalty shall be incurred, by action of debt, &c. by any person who shall sue for the same, in any court of record in Dublin. But by s. 2. this act is not to extend

E 2

to

to any office then held, or usually granted to be held, by

letters patent for any estate of inheritance or freehold. Undue influence “ To the end that the great duties of excise, and

cers pro- the powers given for collecting the same, may not be hibited. 5 W.& M. c.20. employed for the influencing of elections of members to to 48. Eug.

serve in parliament, which elections ought, by the constitution of this government, to be free and uncorrupt," it is enacted by the 5 W. & M. c. 20. §. 48. Eng. that no collector, supervisor, gauger, or other officer or person employed in the excise, shall, by word, messagé, or writing, or in any other manner, endeavour to persuadé any elector to give, or dissuade any elector from giving, his vote for the choice of any knight, citizen, burgess, or baron to serve in parliament; and every person offending therein shall forfeit 2.100, one moiety to the informer, the other moiety to the poor, &c. to be récovered by any person that shall sue &c. at Westminster; and every person convict on any such suit shall become disabled to bear any office relating to the duty of excise,

or any other office or place of trust under the crown. 12 and 13 W3. And by the 12 & 13 W. 3. c. 10. s. 91. Eng. no commnisc. 10. s.91. Eng.

sioner, collector, comptroller, searcher, or other officer or person concerned in the customs, shall by word, message, or writing, or in any other manner, endeavour to persuade any elector to give, or dissuade any elector from giving his vote for the choice of any knight of the shire, citizen, burgess, or baron, upon pain of forfciting 2.100, one moiety to the informer, and the o:her to

the poor, &c. to be recovered by any person that shall sue 10 Ann. c. 19.

&c. at Westminster. And by the 10 Ann. c. 19. s. 182. Eng.
o
any commissioner, officer, or other person concerned in
the collecting or managing any of the duties granted by
this act, who shall by word, message, or writing, or in
other manner, endeavour to persuade any elector to give,
or dissuade any elector from giving his vote for any
knight of the shire, commissioner, citizen, burgess, or
baron, sliall forfcit £.100, one moiety to the informier,
and the other to the poor of the parish, to be recovere i
By any person that shail sue, &. at Westminster, or
in the Count of Exchequer in Scotlan.); and shall be

disable 1

182. Eng.

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