Penalties. All penalties imposed by this act may be recovered as a debt due to his majesty, by information filed in the name of his majesty's attorney general for England or for Ireland, in the courts of Exchequer in England or Ireland respectively, or in the name of his majesty's advocate general in the court of Exchequer in Scotland. § 38.

This act may be repealed or altered in the present session. § 39. Commencement of Act. This act shall commence and take effect at the expiration of ten days after the passing thereof. $40.

ELECTIVE FRANCHISE (Ireland).

CAP. 8.-An Act to amend certain acts of the parliament of Ireland relative to the election of members to serve in parliament, and to regulate the qualification of persons entitled to vote at the election of knights of the shire in Ireland. [13th April, 1829.

Part of 33 Hen. VIII. repealed.-After reciting the Irish acts of the 33 Hen. VIII. and the 35 Geo. III. and that it is expedient to increase the amount of the qualification necessary to entitle persons to vote at such elections, and to amend the laws now in force in Ireland relating to the registry of freeholds; it is enacted, That that part of the said act of the 33 Hen. VIII. which relates to the amount or value of the freehold necessary to qualify persons to be electors of knights of the shire to serve in parliament for counties in Ireland, shall be and is hereby repealed. § 1.

Qualification of Electors.-No person shall be admitted to vote at any election of any knight of the shire for any county in Ireland, unless such person shall have an estate of freehold, in lands, tenements, or hereditaments in such county, of the clear yearly value of ten pounds at the least, over and above all charges, except only public or parliamentary taxes, county, church, or parish cesses or rates, and cesses on any townland or division of any parish or barony. § 2.

And no person shall be admitted to vote at any election of a knight of the shire for any county in Ireland by virtue or in respect of any estate of freehold of less annual value than twenty pounds of the late currency of Ireland, unless such freehold shall be registered according to this act. § 3.

Session for registering Freeholds.—A session for the purpose of registering freeholds shall be holden for each county in Ireland, before the assistant barrister of such county, on such days and at such places as the lord lieutenant of Ireland shall appoint; and the clerk of the peace shall, forty days at the least before the day so appointed, cause to be posted in each market town therein notices, in the form specified in the first schedule, that such session for the purpose of registering will be holden on the days and at the places so appointed, and that applications for that purpose will be then and there taken into consideration. § 4.

Notice of Registry to Clerk of Peace.-Every person intending to register a freehold at such sessions shall give to the clerk of the

peace notice in writing thereof thirty clear days before the day appointed, and shall therein state, according to the form prescribed in the second schedule, his name and residence, the description of the lands, tenements, hereditaments, or rent-charge in respect of which such application is to be made, and whether he intends to register such freehold at the annual sum of twenty pounds or of ten pounds; and the clerk of the peace shall enter all such notices, according to the order in which he shall receive them, in a list in the form specified in the third schedule, and shall, fifteen days at least before the day appointed for holding such session, cause such list to be published in some newspaper printed in such county, or in case no newspaper shall be therein printed, then in some newspaper printed in any adjoining county. No such list for the session to be first holden shall be liable to any stamp duty as an advertisement. § 5.

Proceedings at the Session.—And at each such session the names in such lists shall be severally called by the clerk of the peace; and each person so called shall produce in open court before such assistant barrister the deed, lease, or instrument, duly stamped, by virtue of which such person shall claim such freehold; or in case he shall not claim by virtue of any deed, lease, or instrument, then such person shall otherwise establish his title to such freehold; and such person shall also make it appear that a solvent and responsible tenant could afford to pay fairly and without collusion for the same the annual sum of twenty pounds or ten pounds, as the case may be, as an additional rent over and above all charges, save such as are hereinbefore excepted, and over and above any rent to which the person so claiming to register such freehold may be liable in respect of the same. § 6.

And such assistant barrister shall examine every deed, lease, or instrument so produced, and investigate the title so made, as also the title which any claimant shall in any other manner seek to establish, and shall determine whether the same is sufficient to entitle the person to an estate of freehold ; and shall also examine, as well by the oath of the person so claiming, as by any evidence offered either in support of or in opposition to such claim, whether a solvent and responsible tenant could afford to pay fairly and without collusion, as an additional rent for such freehold, the annual sum of twenty pounds or ten pounds, as the case may be, over and above all charges, save such as are herein before excepted, and over and above any rent to which the person so claiming may be liable in respect of the same; and shall also inquire, by any of the means aforesaid into the truth of the several particulars required to be stated in the oath hereinafter prescribed. § 7.

Oath to be taken.-And if it shall appear that the person so claiming is entitled to register such freehold at the annual sum, within the meaning of this act, at which he shall claim to register the same, such assistant barrister shall so adjudge; and the person so adjudged entitled shall, instead of the oaths or affirmations now by law required, take and subscribe before such assistant

barrister the oath mentioned in the fourth schedule to this act, where the freehold shall be of the annual value of twenty pounds, not arising from a rent-charge; and where the same shall arise from a rent-charge, then the oath prescribed in the fifth schedule; and where the same shall be of the value of ten pounds, then the oath prescribed in the sixth schedule. § 8.

Certificate of Registry. And the clerk of the peace shall thereupon, instead of the certificate of registry now by law required, deliver to the person so adjudged to be entitled a certificate, signed by the assistant barrister and the clerk of the peace, stating that such person has duly registered a freehold in the county within which the same shall be situate, and reciting the oath of such person on which such freehold has been registered, which certificate shall stand in place of and be of equal effect and authority, to all intents and purposes, as the certificate of registry now by law required. § 9.

Such oath shall be signed by the assistant barrister and clerk of the peace, and filed of record; and no objection in point of form shall at any time thereafter be allowed to any such oath when signed. § 10.

Proceedings when Claimant is not entitled.—And in case it shall appear to such assistant barrister that the person claiming to register a freehold is not entitled to register the same, either in consequence of any objection to the deed, lease, or instrument so produced, or ia consequence of any defect in the title to such freehold, or in consequence of insufficiency in the annual value of the freehold, or in consequence of any objection relative to any of the matters to be stated in the oath hereby required to be taken, such assistant barrister shall refuse to permit such person to register, and shall in that case make an order adjudging such person not to be entitled to register such freehold; and where any such order shall be founded upon insufficiency of value, it shall state such insufficiency as the ground of such order, or otherwise shall set forth the objection by reason whereof such person is adjudged to be not entitled so to register such freehold: provided always, that such order shall be without prejudice to any future application to register such freehold which the person claiming the same shall think to make at any subsequent or general quarter sessions. § 11.

Appeal to Judges of Assize.-If any person against whose claim any order shall be made on the ground of insufficiency of value shall deem himself aggrieved, it shall be lawful to appeal therefrom to the judges of assize at the next assizes; who shall inquire, by the verdict of a jury, whether the freehold is of the annual value, within the meaning of this act, at which the claimant seeks to register such freehold; and if such jury shall give a verdict in favour of the claim to register, and the judge shall consider such claim to be in other respects well founded, the order so complained of shall be thereupon reversed. § 12.

And where any person against whose claim to register a freehold any order shall be made on any other ground than insufficiency of

value, it shall be lawful to appeal to the judges of assize at the next assizes for the county; and such judges of assize, or one of them, shall have power, on motion, to review such order, and either to affirm or reverse the same, as shall be fit. § 13.

In every case in which any order shall upon appeal be reversed, the judge shall thereupon cause such oath to be taken and subcribed, and such certificate to be given, and shall sign the same respectively, and shall cause such acts to be performed by the clerk of the peace or his deputy, and such proceedings to be had as are directed and required when any freehold is registered at any sessions before the assistant barrister. § 14.

Registry at Quarter Sessions.-After the termination of the session hereby directed to be first holden in any county for the registering freeholds, it shall be lawful for any person desiring to register a freehold in such county to register the same at a civil bill court to be held at any general or quarter sessions to be holden for such county, upon giving to the clerk of the peace a notice of his intention so to do, in the form hereinbefore provided, thirty clear days at the least before such general or quarter sessions; and the clerk of the peace shall proceed in all respects in the same manner as hereinbefore prescribed with relation to applications for registering freeholds at the first session for that purpose hereby directed: and the assistant barrister of such county shall hear aud determine such application at such general or quarter sessions in the same manner in all respects as is herein before provided with respect to applications to register freeholds at the session for that purpose to be first holden under this act; and thereupon the same proceedings shall and may be had, the like orders made, the like oaths taken, the like certificates granted, the like rights and powers of appeak enjoyed and exercised, and the like rules, regulations, enactments, matters, and things observed and followed, as if such application had been made at the first session for registering freeholds directed to be held under this act. § 15.

Officers to attend Sessions.-The sheriff or under sheriff, and the clerk of the peace or his deputy for each county, and the chief constable of the barony in which every such court of sessions shall be held, and such number of other constables as the assistant barrister shall deem sufficient, shall attend the court from day to day during the continuance of each such session. § 16.

Session to be deemed a Court of Record.-Every such session shall be deemed a court of record; and it shall be lawful for the assistant barrister to fine the clerk of the peace or his deputy, or the sheriff or sub-sheriff, and any chief or petty constable, who shall respectively be guilty of any breach of duty in the execution of this act, in any sum not exceeding five pounds, and to fine in any sum not exceeding forty shillings, or to commit to prison for any time not exceeding a fortnight, any person whatsoever who shall disturb the court so to be held by him for registering freeholds, or who shall be guilty of any other contempt of the said court. § 17.

Fees for Registry.-Any person who at the commencement of this act shall be duly registered as a freeholder in Ireland, and who shall register a freehold at the session to be first holden in pursuance of this act, shall be exempt from the payment of any fee whatever in respect of such new registry. § 18.

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The clerk of the peace shall be entitled to demand from every person claiming to register a freehold under this act, save hereinbefore excepted, the sum of two shillings and sixpence, and no more. § 19.

Quakers or Moravians may affirm.-In every case where any oath is by this act required to be taken, Quakers or Moravians may make affirmation in the form prescribed, and all provisions herein contained relative to any oath shall extend to every such affirmation. § 20.

False Oath, Perjury.-If any person shall, in any oath or affirmation under this act, wilfully and corruptly swear or affirm falsely, such person shall be deemed guilty of perjury, and be liable to the same pains, penalties, and punishments, as for wilful and corrupt perjury. § 21.

Fergery of Certificate or Oath, Felony.-If any person shall forge or counterfeit the signature of any judge, assistant barrister, or clerk of the peace, to any order or certificate, or any instrument purporting to be such, or the signature of any person to any oath or affirmation within this act, or shall knowingly utter or publish any such as true, every person so offending shall be deemed guilty of felony, and shall be liable, to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, for any term not exceeding three years. § 22.

Persons refusing to give Evidence.-If any person shall refuse to be sworn or give evidence, upon the investigation of any such claim, without sufficient lawful excuse, it shall be lawful for the assistant barrister to order such person to pay a fine, not exceeding ten pounds, to be applied to the use of the county infirmary or other charitable institution, or in default thereof to commit such person to the gaol of the county for any term not exceeding two calendar months. 23.

When Persons registering will be entitled to vote.-Every person who shall register a freehold at the first session shall be thereupon forthwith entitled to vote at any election to be held for the county; and any person who shall at any time after suck first session duly register a freehold according to the provisions of this act shall be entitled to vote at any election to be held by virtue of any writ tested six calendar months at the least after such registry. § 24.

Freeholds of 50l. Registry of.--It shall be lawful for any freeholder entitled by law to register a freehold in any county in Ireland of the annual value of fifty pounds, and who shall not before the passing of this act have registered such freehold, to register such freehold by taking and subscribing the oath in the fourth schedule to this act, either before the assistant barrister at quarter sessions, or in any of the superior law courts of record in Dublin, or before

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