35 G.3. (I.) 37 G. 3. (I.) 45 G. 3. c. 59. as to Election Mayor or other CA P. LV. An Act to consolidate and amend the several Acts now in WHEREAS it is expedient to consolidate and amend the several Acts now in force, so far as the same relate to the Election and Return of Members to serve in Parliament for Counties of Cities and Counties of Towns in Ireland;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from henceforth so much of an Act, passed in the Parliament of Ireland in the Thirty fifth Year of the Reign of His late Majesty King George the Third, intituled An Act for regulating the Election of Members to serve in Parliament, and for repealing the several Acts therein mentioned; and also so much of an Act, passed in the Thirty seventh Year of the Reign of King George the Third, intituled An Act for the further Regulation of the Election of Members to serve in Parliament; and also so much of an Act, passed in the Forty fifth Year of the Reign of King George the Third, intituled An Act for amending an Act passed in the Parliament of Ireland, in the Thirty fifth 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 Twenty Pounds, and for making further and other Regulations relating thereto; and also, so much of an Act, passed in the First Year of the Reign of King George the Fourth, intituled An Act for the better Regulation of Polls, and for making further Provision touching the Election of Members to serve in Parliament for Ireland, as relate to the Election of Members to serve in Parliament for any County of a City or County of a Town, shall be repealed. II. And Whereas the Number of Justices who are empowered to act within several of the Counties of Cities or Counties of Towns in Ireland, agreeable to the Charters thereof, is extremely limited, and often confined to those who from Age and Infirmity are incapacitated for active Performance of Duty: And Whereas it is necessary to provide against any consequent Inconvenience or Delay of Persons possessed of Freehold Pro'perty, who wish duly to register such Freeholds, and to qualify 'themselves for exercising the elective Franchise; Be it further enacted, That in all Counties of Cities, and Counties of Towns in Ireland, on the Day immediately preceding the opening of each General Quarter Sessions of the Peace, unless such Day shall fall upon a Sunday, and in such Case on the Day next but one preceding the opening of each General Quarter Sessions of the Peace, and upon the Day immediately after the criminal and other Business of every such Sessions shall have been fully transacted, unless such Day shall fall upon a Sunday, and in such Case on the Second Day after such Business shall have been fully transacted, the Mayor or other Chief Magistrate of such County of a City or County of a Town, or his sufficient Deputy appointed by by him pursuant to Charter or Prescription, in case of his Absence from such City or Town, or his Illness, shall, upon being required so to do by any Freeholder of such County of a City or County of a Town, hold an open Court of Sessions for the Purpose of registering all such Freeholders as shall present themselves for that Purpose, in such Manner and Form as is by this Act required; and that the said Mayor or other Chief Magistrate, or his Deputy, shall commence his Sitting on each Day at the Hour of Ten of the Clock in the Forenoon, aud shall continue it until the Hour of Four of the Clock in the Afternoon: Provided, however, Proviso for that in case any Two Justices of the Peace for said County of a Absence of City or County of a Town shall attend at such Sessions during Mayor, &c. the Time appointed for the attendance of the said Mayor or other where Two Chief Magistrate, upon such respective Days or either of them, or during any Portion of such Time, then and in such Case the Attendance of the said Mayor or other Chief Magistrate shall not be required during the Time of the Attendance of such Two Justices of the Peace. Justices attend. III. And be it further enacted, That it shall be lawful for any Freeholds may Person possessed of a Freehold in any County of a City or County be registered at of a Town, to register the same before the Mayor or other Chief any Sessions. Magistrate, or his Deputy, or before any Two Justices of the Peace presiding at such Sessions, to be held for such County of a City or County of a Town, or before any Two Justices of the Peace, or the Recorder or Deputy Recorder, presiding in open Court at any Quarter Sessions of the Peace for the County of the City or County of the Town in which such Freehold is situate, or at any Adjournment thereof, or any Adjournment of such Adjournment. IV. And be it further enacted, That when any Person, seised Freeholders, of any Freehold in any County of a City or County of a Town, having Freewhich Freehold shall not consist of a Rentcharge, shall be de- holds (not con sisting of a sirous to register the same as being of the Value of Fifty Pounds Rentcharge) or Twenty Pounds, such Person shall in open Court, at some of 501. or 201. Sessions to be held as aforesaid, or Adjournment thereof, be- to take the fore the Mayor or other Chief Magistrate, or his Deputy, or following Oath. before Two Justices of the Peace, or before the Recorder or Deputy Recorder presiding thereat, take and subscribe the following Oath [or, if a Quaker, the following Affirmation] : I County of or of the City or Town of [as the Case may be], do swear [or, if a Quaker, do affirm], That I am a Freeholder of and that I 'have, and am now in actual Possession of a Freehold therein, arising from a House or Houses, or from Land, or both, or other Hereditaments [as the Case may be] of the clear yearly • Value of 6 or [as the Case may be] above all Charges payable out of the same, lying and being at or in [naming the Land out of which such Freehold shall arise, if the same shall arise out of Land, or the Street or • Place where such House or Houses or other Hereditaments shall be situate, in case such Freehold shall arise out of any House or • Houses, or other Hereditaments] in the County of the City [or • County Y 4 Persons holding Freeholds consisting of Rentcharge of 501. or 201. to take the follow. ing Oath. Form of Oath. Freeholders under the Value of 201. to take the following Oath. Form of Oath. ་ County of the Town, as the Case may be] of and that the said Freehold does not arise from a Rentcharge, nor have I procured it fraudulently, nor has it been granted fraudulently to me, or in exchange for a Freehold in any other County.' V. And be it further enacted, That when any Person seised of any Freehold in any County of a City or County of a Town, which Freehold shall consist of a Rentcharge, shall be desirous to register the same as being of the Value of Fifty Pounds, or Twenty Pounds, such Person shall in open Court, at some Sessions to be held as aforesaid, or Adjournment thereof, before the Mayor or other Chief Magistrate, or his Deputy, or before Two Justices of the Peace, or before the Recorder or Deputy Recorder presiding thereat, take and subscribe the following Oath, or, if à Quaker, the following Affirmation: I of in the County of and or of the City or Town of [as the Case may be] do swear [or, if a Quaker, do 'affirm], That I am a Freeholder of that I have a Freehold therein of the clear yearly Value of [as the Case may be] at the least, above all Charges payable out of the same, consisting of a Rentcharge granted by Deed, bearing Date the or in the Year Day of [if the same shall be granted by Deed, and in case it shall not be granted by Deed, then stating the Particulars of the Title of such Person to such Rentcharge on a House or Houses, or on Land, or both, or other Hereditaments, as the Case may be,] lying and being at or in [naming the Land out of which such Rentcharge shall arise, if the same shall arise out of Land, or the Street or Place where such "House or Houses, or other Hereditaments, shall be situate, in case 'such Rentcharge shall arise out of any House or Houses, or other 'Hereditaments,] in the County of the City or County of the Town [as the Case may be] of and that or I am in the Possession thereof to the clear Amount of VI. And be it further enacted, That every Person who shall be 6 6 of [as the other Hereditaments [as the Case may be] of the clear yearly Value of Forty Shillings at the least, above all Charges payable out of the same, lying and being at or in [naming the Land out of which such Freehold shall arise, if the same shall arise out of Land, or the Street or Place where such House or Houses or other "Hereditaments shall be situate, in case such Freehold shall arise out of any House or Houses or other Hereditaments] in the 'County of the City [or, County of the Town, as the Case may be] of and that the said Freehold does not arise 'from a Rentcharge, and that the same arises by virtue of the 'Deed, or by virtue of the Lease, or by virtue of the Instrument, or by virtue of the Deed, Lease or Instrument [using all or any or either of the said Terms, Deed, Lease or Instrument]_which I now produce, bearing Date the in the Year of Day of for the Life 'or Lives of [or, in case the said Freehold be 'not for Life or Lives, then stating the Nature of his Tenure, as the Case may be] at the yearly Rent of [specifying the whole yearly Rent, or the yearly Rent per Acre, or such yearly Rent per Acre, together with the Number of Acres] and that I am in the actual Occupation thereof by residing thereon, or by tilling or by grazing, or by both tilling and grazing [or by all or any or either of the said Means, stating the same copulatively or disjunctively, as the Case may be] to the Amount of at least Forty Shillings yearly Value thereof; and that the said Freehold is not let or agreed to be let to the Person or • Persons who executed the said Deed, Lease or Instrument [as the Case may be], or to the Heirs or Assigns of such Person or Persons, or to any one in Trust for him, her or them, nor do I 'intend to let the same to such Person or Persons, or any of them; and that I have not agreed to let it for the Term for ⚫ which I hold it, nor have I procured it fraudulently or in Exchange for a Freehold in any other County. 'So help me GOD.' And if the Freehold, in right of which any Person shall desire to qualify himself to vote, shall not arise by virtue of a Deed, Lease or Instrument, the Person desiring to register it shall describe the same in the Oath or Affirmation + so to be taken by him, according to the true State and Nature of his Tenure, in which Case the Words in the foregoing Oath, + importing that the same arises by virtue of a Deed, Lease or Instrument, shall be omitted, and such Description inserted in the Place thereof. VII. And be it further enacted, That no Public or Parliamentary Tax, County, Church or Parish Cess, on any Townland or Division of any Parish or Barony, shall be deemed any Charge payable out of any Freehold Estate, within the Meaning of this Act, or any of the foregoing Oaths or Affirmations. Freeholds not arising from a Deed or Lease, to be described in the Oath. No Tax, Cess, &c. deemed a Charge, &c. + Sic. Oath to be VIII. And be it further enacted, That every such Oath or Affirmation as is hereinbefore mentioned shall, when sworn or signed by Mayor, &c. affirmed to, be signed by the said Mayor or other Chief Magis- and delivered trate or his Deputy, or before such Two Justices of the Peace, to Clerk of or before the Recorder or Deputy Recorder presiding at such the Peace. Sessions as aforesaid, and shall be then and there delivered by such Mayor or other Chief Magistrate or his Deputy, or by such Justices Where Freehold of yearly Value of 501. and Freeholders take Oath as herein mentioned, such Oath maybe produced at Sessions, &c. and be valid, and kept amongst County Records. Freeholders on actual Service in Army or Militia may register where they are quartered. Certificate of Station of Corps, &c. Such Oath valid, and kept amongst County Records. Justices of the Peace, or by the said Recorder or Deputy Recorder, to the Clerk of the Peace of such County of a City or County of a Town, to be filed and kept amongst the Records of the Court. IX. And be it further enacted, That where the Freehold, whether consisting of a Rentcharge or not, shall be of the clear yearly Value of Fifty Pounds, and the Freeholder who shall be seised of the same shall take and subscribe the Oath or Affirmation (as the Case may be) respectively required as aforesaid to be by him taken for registering a Freehold (whether Rentcharge or not) as of the Value of Fifty Pounds, in any of the Courts of King's Bench, Common Pleas or Exchequer, in the City of Dublin, or at any Assizes, and the same shall be subscribed by one of the Judges of such Courts, or the Judge of Assize, such Oath or Affirmation so subscribed may be produced at any Sessions of the Peace as aforesaid, held in the County of the City or County of the Town where such Freehold lies, and when read aloud there in open Court, shall be signed by the Mayor or other Chief Magistrate or his Deputy, or by the Justices of the Peace, or by the Recorder or Deputy Recorder presiding there, and shall then be delivered by the Court to the acting Clerk of the Peace, to be filed and kept amongst the Records of such County of a City or County of a Town; and every such Oath or Affirmation so taken shall be of equal Effect for registering such Freehold, within the Meaning of this Act, as if it had been made at the Sessions of the Peace as aforesaid. X. And be it enacted, That if any Person seised of a Freehold, whether consisting of a Rentcharge or not, shall be in actual Service, either in the Army or Militia, out of the County of a City or County of a Town where such Freehold lies, and shall take and subscribe the Oath or Affirmation required by this Act to be by him taken for registering such Freehold, at any Sessions of the Peace or Adjournment thereof held in the County, Town or City in which he shall be quartered or stationed, stating therein the Regiment, Battalion, Troop or Company (as the Case may be) to which he belongs, such Affidavit shall be subscribed by the Mayor or other Chief Magistrate or his Deputy, or by the Justices of the Peace, or by the Recorder or Deputy Recorder presiding thereat, and countersigned by the Clerk of the Peace for such County, Town or City, who shall certify that the Corps in which he serves is quartered or stationed therein; and such Oath or Affirmation so subscribed and countersigned may be produced at any Sessions of the Peace or Adjournment thereof, or at any Adjournment of an Adjournment, held in the County of the City or County of the Town in which such Freehold lies, and when read aloud therein in open Court shall be signed by the Mayor or other Chief Magistrate or his Deputy, or by the Justices of the Peace, or by the Recorder or Deputy Recorder presiding there, and shall be delivered to the acting Clerk of the Peace, to be filed and kept amongst the Records of the County; and every such Oath or Affirmation so taken shall be of equal Effect for registering such Freehold, as if it had been made at the Sessions of the Peace for the County of the City or County of the Town in which such Freehold is situated. XI. Provided |