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Oaths at Elections.

18 Geo. 2. c. 18. s. 1. Eng.

Freeholder's

Outh.

such returning-officer shall forfeit £.500 to any person: who shall sue for the same, as by s. 75. post.

In order to restrain persons not regularly and bona fide qualified from voting at elections, the 18 Geo. 2. c. 18. s. 1. Eng. provides that upon every election in England or Wales of any knight of the shire, every freeholder before he is admitted to poll, shall (if required by any of the candidates, or any person having a right to vote), instead of taking the oath required by the 10 Ann, c. 23.. first take the oath or affirmation following:-" You shall swear (or being one of the people called Quakers you "shall solemnly affirm) that you are a freeholder in the <6 county ofand have a freehold estate consisting of(specifying the nature of such freehold "estate, whether messuage, land, rent, tithe, or what else; "and if such freehold estate consists in messuages, lands,

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or tithes, then specifying in whose occupation the same "are; and if in rent, then specifying the names of the “owners or possessors of the lands or tenements out of "which such rent is issuing, or of some or one of them) lying or being at in the county of "the clear yearly value of 40s. over and above all rents. "and charges payable out of or in respect of the same, "and that you have been in the actual possession or "receipt of the rents and profits thereof, for your own 66 use, above 12 kalendar months, or that the same came"to you within the time aforesaid by descent, marriage, "marriage settlement, devise, or promotion to a benefice. " in a church or by promotion to an office, and that such "freehold estate has not been granted or made to you "fraudulently, on purpose to qualify you to give your vote; and that the place of your abode is at “in▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬and that you are 21 years of age as you believe; and that you have not been polled before at "this election." Which oath, &c. the sheriff, undersheriff, or such sworn clerk as shall be by him appointed for taking the poll, shall administer, and any person taking the said oath, &c. who shall thereby commit wilful per- : jury, or any person who shall unlawfully and corruptly procure or suborn any person to take the said oath, &c.

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in order to be polled, whereby he shall commit such wilful perjury, shall incur the pains and penalties as in

&c.

25Geo. 3. c. 84.

5 Eliz. c. 9. and 2 Geo. 2. c. 25.-And the 19 Geo. 2. 19 Geb. 2. c.28. Eng. c. 28. Eng. contains a similar provision in respect to counties of cities, and counties of towns, the only dis- Oath in cities, tinction being in the form of the oath prescribed by the latter, the words lying or being in the "city and county or "town and county, (as the case may be )" being thereby substituted for the words "lying or being at- —————in the "And the 25 Geo. 3. c. 84. "county ofs. 5. Eng. s. 5. Eng. recites that from the various and disputed rights of voting in several cities, boroughs, and other places, a positive Oath as to age and description. oath of qualification cannot be required from the electors; yet to deter unqualified persons from voting, this statute enacts that upon every election within England, &c. in all cases where no oath or affirmation of qualification other than against bribery, or of allegiance, supremacy, and abjuration could then be required, every person claiming to vote shall, if required by any candidate, or person having a right to vote, before admitted to poll, take the oath, &c. following:-" I do swear, (or being a "Quaker do affirm) that my name is A. B. and that I -(specifying the addition, profession, or "trade of such person), and that the place of my abode (and if it is a "town consisting of more streets than one, specifying “what street), and that I have not before been polled

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am

"is at

in the county of

at this election, and that I verily believe myself to be " of the full age of 21 years."-Which oath, &c. the returning officer and his deputies, and poll-clerks, are to administer.

By 7 & 8 W. 3. c. 25. s. 6. Eng. every sheriff, &c. Copy of poll to and other officer to whom the execution of be given. writ or any 7 & 8 W. 3. precept shall belong, shall forthwith deliver to such per- c. 25. s. 6. Eng. son as shall desire the same, a copy of the poll taken at such election, paying only a reasonable charge for writing the same; and every sheriff, &c. for every wilful. offence against this act, shall forfeit to the party aggrieved £. 500, to be recovered by him, or his executors or administrators, with full costs, by action of debt, &c. at Westminster.

VOL. I.

The

Freeholder's

oaths by law of Ireland.

s. 46. Ir.

above £20.

Oath of Rent Charger.

The 35 Geo. 3. c. 29. s. 46. Ir. enacts, that every

or of the town or city of

-of

in the

who shall offer to vote as a freeholder shall, before person 35 Geo. 3.c. 29. he shall be admitted to poll, declare whether his freehold arises from a rent-charge or not, and if his freehold does not arise from a rent-charge, he shall, if so required by Freehold of or any elector, before he be admitted to poll, take the following oath, where the freehold is registered of or above £.20. yearly value:-" Icounty of (as the case may be) do swear, (or if a quaker affirm) that I am a freeholder of this county, and that I have a freehold therein of the clear yearly value of £20 or £50, (as stated in his oath of registry) above all charges payable out of the same, lying and being at(naming the parish or parishes, town-land or town-lands, and barony or half-barony, baronies or half-baronies, as stated in his oath of registry) in this county, and that the said freehold does not arise from a rent-charge, and that I have not been polled before at this election." But if his freehold arises from a rent-charge, he shall take the following oath :— in the county of or of the town or city of -(as the case may be) do swear, (or if a quaker affirm) that I am a freeholder of this county, and that I have a freehold therein of the clear yearly value of £.20. a year at least, above all charges payable out of the same, consisting of a rent-charge granted by deed bearing date the-day of -in the yearupon the lands of(naming the lands mentioned in such deed, and the barony or baronies, half barony or half baronies, wherein the same lie) and that I am now in the possession thereof, or of the clear amount of £20 yearly value thereof, and have been so ever since I registered the same, and am entitled to receive the same, or to the clear amount of £20 yearly value thereof, (as the case may be) as it becomes due, and that I have not been polled before at this election." But it is provided s. 47. that where the freehold, if arising from a rent-charge, by descent, &c. shall have come by descent, devise, marriage, or marriage-settlement to the person offering to vote out of same, within 15 months previous to the teste of the writ,

s. 47.

Alteration where

the

the words in the rent-charger's oath," and have been so
ever since I registered the same," shall be omitted, and
the words following added, " and that the said freehold
came to me on the- -day ofby descent, or de-
-(naming the person from whom it descended
or by whom it was devised) or by my marriage, or marriage-
settlement with- on the day of-
-day -(naming

vise from

S. 48.

the person and date)"; this section of the act also provides that the blank for the parish, barony or half-barony, in the said oaths or affirmations shall be filled up with such names as the person offering to vote shall desire, and £20 or £50 inserted in the freeholders oath, according to the desire of such person, &c.; and by s. 48. if any candidate or elector shall desire it, the words following shall be Oath against added to any of the oaths aforesaid, " and that I am to the Minority. best of my belief of the age of 21 years." By the 37 37Gco. 3. c. 47. Geo. 3. c. 47. s. 1 & 3. Ir. every person who shall offer to s. 1 & 3. Ir. vote by virtue of a £20 or £50 freehold, shall, before he polls, declare on oath, if required, whether he has set, or agreed to set, the same to the person from whom he holds it, or to the heirs or assigns of such person, or to any one in trust for him; and if he hath so set or agreed to set the whole of the same, or more than shall leave a sufficiency so unset for such term to constitute such freehold, he shall also declare the time when such agreement was made, and such freeholder shall not be permitted to vote, unless it shall appear that such agreement was made one year previous to the teste of the writ. The 45 Geo. 3. c. 59. s. 4. I. enacts, that from the 45Geo. 3.c. 59. 29th September 1809, any person who shall offer to vote in Ireland in right of a freehold under the yearly value Freeholders of £.20, shall, before he shall be admitted to poll, if declare on oath required by the sheriff or any elector, declare upon oath as to the parti from whom he holds or derives his freehold, or if he holds Se. of freehold. it under any person or persons, and if the same be situate in a city, town corporate, or market town, and describe the street or part of the city or town in which the same is situate, and who are his next résident neighbours, and when the same was granted, and for what life or lives, and whether such life or lives, or any of them, is or are

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s. 4. I.

under £. 20. to

cular situation,

for such freeholders, at the

didate or elec

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in being at the time of such election, and whether he is the person who actually registered the freehold under which he desires to vote; and the said declarations shall be entered in the poll-book taken by the sheriffs, or their deputies, at such election; and he shall, if so required by any elector, before he be admitted to poll, take the -in the county of Additional oath following oath :-" I A. B. of -or of the town or city of—do swear request of can- " (or if a quaker do affirm), that I am a freeholder of "this county; and that I have a freehold therein arising "from a house or houses, land, or both, or other heredi"taments, (as the case may be) of the yearly value of 40s. at the least, above all charges payable out of the same, lying and being at in the barony or baronies, half barony or half baronies of ̄ ̄ ̄ ̄În ` "this county, (and if in a city or town, or county of a a city or town, naming the same, and the street, square, "row, alley, lane, or place,) and that the said freehold "does not arise from a rent-charge. So help me God." -And by s. 5. if any candidate or elector shall require it, the words following shall be added, "and that the "same arises by virtue of a deed, lease, or instrument, "(or otherwise as the case may be), bearing date the in the year-for the -and that the said

8. 5.

-one

"life or lives of
"of the aforesaid lives, is still alive, to the best of my

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knowledge and belief (unless he is himself one of the “lives, in which case he shall swear that I am one of "the lives therein, instead of the words that the said -one of the aforesaid lives, is still alive, to the "best of my knowledge and belief;) (or in case the said freehold be not for life or lives, then stating the nature '" of his tenure);" or the words following: *["and that I "have been in the actual occupation thereof for '12 suc"cessive calendar months between(naming the day he registered the same), and (naming the date "of the teste of the writ for holding the election), by "residing thereon, or by tilling and by grazing, or by "both

The 35 Geo, 3. c. 29. s. 49. dispenses with this clause within the crotchets, in cases of freeholds registered according to this act, s. 32. ante page 33

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