66

"both tilling and grazing, (as the case may be) to the "amount of at least 40s. yearly value thereof, (as the " case may be," or the words following; "and that the "said freehold is not 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 per"son or persons, or to any one in trust for him or them, nor do I intend to set the same to such person or persons, or any of them, and that I have not set it, or agreed to set it, for the term for which I hold it; and "that I have not been polled before at this election; " and that I am to the best of my belief of the age of "21 years;" the same shall, or so much thereof as shall be desired, shall be added to the said oath or affirmation, before the person offering to vote shall be admitted to poll. And by s. 6. the blanks in the said oath or affirmation, shall be filled up in conformity to the oath, &c. which the person going to take same shall have taken at the time of his registering his freehold. The 37 Geo. 3. 37Geo. 3. c. 47. c. 47. s. 5. Ir. provides that in the oath to be taken at any Oath of freeelection by any freeholder, who shall offer to vote by holder under £. 20. at pollvirtue of a freehold registered under £.20, the words ing.

by residing thereon" or the words "by tilling or graz❝ing to the amount of 40s. yearly value" shall respectively be inserted, according as they shall have been inserted in the oath taken, or affirmation made, for the registering thereof.

s. 5. Ir.

s. 38. Ir.

ficer to see that

By the 35 Geo. 3. c. 29. s. 38. Ir. no person shall be pre- Freeholder to vote, though cluded from voting by virtue of any freehold, on account part aliened. of having sold, aliened, or disposed of any part of the 35Geo 3.c.29 freehold he shall have registered, between the date of such registry and the day he shall offer his vote, if he shall retain thereof to the annual value sworn in such registry. It is a provision of the 37 Geo. 3. c. 47. s. 13. Ir. that Returning of every returning-officer, and every deputy, shall be autho- freeholder is registered before rized to administer all oaths and affirmations allowed or tendering any required by the 35 Geo. 3. c. 29. or by this act to be th administered, but not until it shall appear that the person. 13. Ir. tendering his vote has duly registered his freehold, where such freehold is required to be registered in order to entitle him to vote.

By

37 Geo. 3. c.47.

Form prescribed By the 35 Geo. 3. c. 29. s. 16. Ir. in all elections at for poll-books of which any person shall vote as a freeholder, the returning 35 Geo. 5. c. 29. officer, and every deputy, shall enter in the poll-book

returning officer.

s. 16. Ir.

the place of every such person's freehold, and the barony or baronies, or half barony or half baronies, wherein such freehold lies, and also his place of abode, as he shall declare the same at the time of offering or giving his vote; and shall also enter (sworn) or (affirmed) as the case may be, against the name of every elector to whom any of the oaths or affirmations required by this act shall be To be deposited taken, distinguishing the nature of such oath, &c.; and with clerk of the every sheriff presiding at any election for a knight of the shire shall, within 20 days after such election shall have been closed, faithfully deliver to the clerk of the peace of such county, all the poll-books of such election, verifying upon oath that he delivers them without embezzlement, obliteration, erasure, or alteration, to be kept amongst the records of the county.

peace.

Inhabitants in boroughs.

35Geo. 3. c. 29. s. 62. Ir.

wardens.

By the 35 Geo. 3. c. 29. s. 62. Ir. the sheriff of every county wherein there is situated any borough where thè right of voting is vested in the inhabitants in general, or in the inhabitants and others, shall, upon receiving the writ for such borough, require the clerk of the peace to deliver to the church-wardens, or one of them, of the parish or parishes wherein such borough lies, his book so kept as directed by s.56, 57,&59, (ante pages 46-7); and the Duty of church church-wardens shall attend with the book and duplicate thereof on the returning officer, in the court where the poll shall be taken, throughout the whole of every election for said borough, (unless one of them shall be required by an elector to attend in a deputy's court with his respective book of registry), to be freely inspected in their hands during the election, by any person concerned therein. And this statute (s. 63), has prescribed the following oath to be taken by any person claiming to vote in right of being an inhabitant, which shall be administered by the returning officer, or his deputy, if thereto required by Qath of inhabi- any elector." I A. B. do swear (or if a quaker do aftants in boroughs firm), that I am a resident inhabitant in the borough "of-in the county of -in the county of and that I have

s. 63.

"been

"been so for these 12 months last past, and duly proved " and registered my residence 12 calendar months be"fore the present vacancy, and that my house is situate "in-and that my next neighbours are-and

that I am not an inmate or lodger with any other person "in said borough, nor have I been so at any time within "these 12 months last past, but have paid the usual and

customary taxes and cesses in said borough as an "householder, which have been legally demanded of me; and that I did not divide my house or out-houses,

same may

or suffer my house or out-houses to be divided, in "order to multiply votes at this election; and that I "did not come to reside in said borough since the pre"sent vacancy happened, nor in order to give my vote "at this election; and that my said house, exclusive: "of my land annexed to or let with it, except that "whereon it stands, with its offices and back or other yard, is to the best of my knowledge and belief worth "the sum of £.5 yearly rent, and that I believe the be let for said sum of £.5 yearly to a re"sponsible tenant.-So help me God."-And if any candidate, or any person having a right to vote at such election shall require it, these words shall be added to said oath—“ and that I am of the age of 21 years, as I Against mino " verily believe;" which oath, &c. so taken shall be conclusive evidence to the seneschal or returning officer of such borough, or his deputy, as to such persons being qualified to vote, and no such votés shall be liable to any further scrutiny or examination before such seneschal, &c. But by s. 64, where the borough shall be situated in two different counties, such alterations shall be made in the oath, as well at voting as at registering, as already where borough pointed out, ante page 48. I proceed to state some provisions of the election laws in England and Ireland which respect elections, whether for counties, cities, or boroughs.

1

rily,

s. 64.

Alteration

in two counties.

The 7 & 8 W. 3. c. 27. s. 19. Eng. cnacts, that no 7&8W.3.c.27. s. 19, Eng. person who shall refuse to take the oaths of allegi- Oath &c. of alance and supremacy, directed by the 1 W. & M. c. 8. or being Quakers shall refuse to subscribe the declara

tion

legiance and supremacy.

tion of fidelity directed by the 1 W. & M. c. 18, shall be admitted to give any vote for the election of any knight of the shire, citizen, burgess, or baron of the cinque ports-and the 6 Ann. c. 23. s. 13. Eng. further provides, that every person who shall refuse to take the Oath &c. of ab- oath of abjuration therein recited, or being a quaker shall

6 Ann. c. 23. s. 13. Eng.

juration.

Qualification for catholics to

vote.

s. 1. lr.

refuse to declare the effect thereof upon his solemn affirmation, as directed by the 7 & 8 W. 3. c. 34. (which oath or declaration, the sheriff, president of the meeting, or chief officer taking the poll, at any election of members for any place in Great Britain, or commissioners for choosing burgesses for any place in Scotland, at the request of any candidate or person present at such election, are required to administer) shall not be capable of giving any vote for the election of any such member or commissioner. By the former of these statutes catholics are in effect disabled from voting in England.

With respect to the disabilities of catholics to vote at elections in Ireland. By the 2 Ann. c. 6. s. 24. Ir. and 2 Geo. 1. c. 19. s. 7. Ir. they were required to take the oaths of allegiance and abjuration as a qualification for voting at elections of members; but by i Geo. 2. c. 9. s. 7. Ir. papists, though not convict, were altogether disqualified 33Geo. 3. c. 21. from voting, &c. The 33 Geo. 3. c. 21. s. 1. Ir. has since however enacted, that such parts of all oaths required to be taken by persons in order to qualify them for voting at elections for members, and also such parts of all oaths required to be taken by persons voting at elections. for members, as import to deny that the person taking the same is a papist, or married to a papist, or educates his children in the popish religion, (which was contained in the oaths prescribed by the 15 & 16 Geo. 3. c. 16. and 21 & 22 Geo. 3. c. 21. Ir.) shall not be required to be taken by any voter; and that it shall not be necessary in order to enable a papist to vote, that he shall at or previous to his voting take the oaths of allegiance and abjuration. But by s. 16, no papist, &c. shall be capable of giving his vote for the electing of any knight, citizen, or burgess to serve in parliament, until he shall have first produced and shewn to the high sheriff of the county, or his deputy acting, and to the returning

3. 16.

officer

s. 19. Ir.

officer of any city, &c. at the election for such county or city, &c. a certificate of his having taken and subscribed the oath and declaration prescribed by this act, and also the oath appointed by the 13 & 14 Geo. 3. c. 35. either from the rolls office, or from the proper office of the court in which the said oaths and declaration shall be taken and subscribed. And by the 37 Geo. 3. c. 47. s. 19. 37 Geo. 3.c.47. Ir. any papist, &c. who shall have taken and subscribed, or who shall take and subscribe at any time previous to the teste of the writ, the oaths and declarations contained in the 13 & 14 Geo. 3. c. 35. Ir. and 33 Geo. 3. c. 21. Ir. in one of the four courts in Dublin, or at the general sessions of the peace, or at an adjournment thereof, or at any adjournment of an adjournment, to be holden for the county, &c. wherein such papist, &c. doth dwell, or before the going judge of assize in such county, in open court, shall be deemed to have taken and subscribed such oaths and declarations, in order to entitle him to vote at such election, provided he shall produce to the sheriff or other returning officer, a certificate of his having taken and subscribed said oaths and declarations.

The 37 Geo. 3. c. 47. s. 18. Ir. contains a provision Oath against applying to elections in general; by this act, s. 18, if minority to be

any candidate or elector shall require it, every person requiring to vote at any election shall, before he be admitted to vote, take the following oath:-" I A. B. do "swear (or if a quaker do affirm), that I am to the best "of my belief of the age of 21 years," which oath or affirmation every returning officer, or his deputy, is required and empowered to administer, either by itself, or in addition to any other oath, &c. which may be tendered to such elector."

taken at all elections.

37 Geo. 3. c. 47.

s. 18. Ir.

2 Geo. 2. c. 24.

By the 2 Geo. 2. c. 24. s. 1. Eng. every person offering Bribery and to vote at any election shall, before he shall be admitted undue influence. to vote, take the following oath, in case the same s. 1. Eng. shall be demanded by either of the candidates, or any 2 of the electors: I, A. B. do swear, (or being one of the people called quakers "I, A. B. do "solemnly affirm), I have not received, or had by myself, " or any person whatsoever, in trust for me, or for my ❝ use and benefit, directly or indirectly, any sum or sums

"of