Clerk of the Clerk of the Peace to take an Oath for Performance of Duty. Form of Oath. Entertainments, Pre sents, Cockades, Promises, &c. disallowed. return therewith an Account of the Sums received for the Expences of such Election from the several Candidates, and the Application thereof, and shall verify the same on Oath, which Oath any Justice or Justices of the Peace is and are hereby authorized to administer. I LXXVIII. And for the better securing the Performance of the Duties directed to be performed by the Clerk of the Peace or his Deputy, in respect to the Registry of Freeholds, be it further enacted, That the several Clerks of the Peace, or their Deputies, of the several Counties of Cities and Counties of Towns of Ireland, shall, at the General Quarter Sessions of the Peace or Adjournment thereof next after the passing of this Act, or at the next General Quarter Sessions of the Peace or Adjournment thereof next after his Appointment, take and subscribe an Oath in the Form following, and which Oath the Justices presiding at the said Session are hereby directed and empowered to administer: A. B. Clerk or Deputy Clerk of the Peace for the County of [as the Case may be] do swear, that I will faithfully and honestly, and without Favour or Affection, perform and discharge the several Duties directed to be performed by the Clerks and Deputy Clerks of the Peace, by an Act passed in the Third Year of His present Majesty's Reign, intituled [here set forth the Title of this Act]; and that I will not demand or receive any Fee or Fees for discharging any of the said Duties which I ain not entitled to by Law. So help me GOD.' And which the said Clerks and Deputy Clerks of the Peace are hereby required to deliver to the Treasurer of the County of the City or County of the Town (as the Case may be), to be preserved amongst the Records of the County. LXXIX. And be it further enacted, That no Person to be hereafter elected to serve in Parliament for any County of a City or County of a Town shall, after the Teste of the Writ of Summons to Parliament, or after the Vacancy shall have happened to supply which the Election shall be held by himself, his Friends or Agents, or any Person or Persons employed in his Behalf, directly or indirectly, give, present or allow to any Person or Persons having a Vote or Votes in such Election, any Money, Meat, Drink, Entertainment or Provision, Cockades, Ribbands or any other Mark of Distinction, or make any Present, Gift, Reward or Entertainment, or shall at any Time hereafter make any Promise, Agreement, Obligation or Engagement, or give or allow any Money, Meat, Drink, Provision, Present, Entertainment or Reward, to or for any such Person or Persons in particular, or to any such County of a City or County of a Town in general, or to or for the Use, Advantage, Benefit, Employment, Profit or Preferment of any such Person or Persons, Place or Places, in order to be elected or for being elected to serve in Parliament for such County of a City or County of a Town; and that every Person and Persons so giving, presenting or allowing, making, promising or engaging, doing, acting or proceeding, shall be and is and are hereby declared to be disabled and incapacitated to ( 6 serve in Parliament upon such Election for such County of a City or County of a Town. under 201. LXXX. And Whereas it is expedient, that Persons having Freeholds under the yearly Value of Twenty Pounds, and subject only to Quit or Crown Rent, or arising from Fee farm Grants, or under a Lease or Leases for ever, or for Lives ' renewable for ever, should have the Power of voting at Elections for Members of Parliament, although they should not reside thereon, or occupy such Freeholds by tilling or grazing to the Amount of Forty Shillings yearly Value thereof;' Be it enacted, That it shall and may be lawful for Persons having Persons having Freeholds under Twenty Pounds yearly Value, not consisting of Freeholds a Rentcharge, and liable only to Crown or Quit Rent, to register Value to vote, the same in like Manner as is provided by this Act for Persons though not rehaving Freeholds of the yearly Value of Twenty Pounds; and siding thereon. that such Person so registering his Freeholds shall insert in the Oath of Registry, the Words " Forty Shillings," instead of the Words to be Words "Twenty Pounds" or Fifty Pounds," and shall add the inserted in following Words: " And that the said Freehold does not consist Oath of Registry. of a Rentcharge, and that it is liable to no Rent except Quit or Crown Rent, or that it arises from Fee farm Grant, or that I hold it under a Lease or Leases for ever, or under a Lease or Leases for Lives, renewable for ever (as the Case may be);" and Oath or Affirmthat every Person who shall offer to vote by virtue of a Free- ation by such hold under the Value of Twenty Pounds, and holding the same, Persons offersubject only to Quit or Crown Kent, shall make the same Affirm- ing to vote. ations, and take the same Oaths, and answer the same Questions, if required, as are now provided for Persons having Freeholds of the Value of Twenty Pounds: Provided always, that such Persons shall in such Ŏaths make the several Alterations and Additions as are herein set forth in the Oath of Registry for such Persons. 66 or others, or others for Reward, &c. LXXXI. And be it further enacted, That if any Person who Asking or reshall have or claim to have any Right to vote in any Election of ceiving Reward a Member or Members of Parliament, for any County of a City for themselves or County of a Town, shall directly or indirectly ask, receive or influencing take any Money or other Reward, by way of Gift, Employment or other Reward whatsoever, for himself or any of his Family or Kindred, to give his Vote, or to abstain from giving his Vote in any such Election, or if any Person, by himself, his Friends or by any Person employed by him, shall by any Gift or Reward, or by any Promise or Agreement or Security for any Gift or Reward, corrupt or procure any Person or Persons to give his or their Vote or Votes in any such Election, or to abstain from giving the same, such Person shall for such Offence forfeit the Sum of Five hundred Penalty 5001. Pounds Sterling, to the Person who shall first sue for the same, and Incapacity. to be recovered as hereinafter directed; and every Person offending in any of the Cases aforesaid, from and after Judgment obtained against him in any Action or Information grounded on this Act, shall for ever be disabled to vote in any Election of any Member or Members to serve in Parliament; and also shall be for ever disabled te hold, exercise or enjoy any Office or Franchise to which he or they then shall or at any Time after A a 3 wards Polling Twice, or personating Voters, wards may be entitled, as Member of any City, Borough or Town Corporate, as if such Person was naturally dead. LXXXII. And be it further enacted, That every Person who shall poll a Second Time, or offer to poll a Second Time at the same Election, for any County of a City or County of a Town, or who shall personate any other Person, for the Purpose of polling at such Election, shall be guilty of a Misdemeanor, and upon Imprisonment. being thereof convicted shall be imprisoned for any Term not more than Two Years, at the Discretion of the Judge or Judges who shall try such Person. Voting fraudulently. Penalty 201. and Treble Costs. Voting by Freehold not in Possession. Imprisonment. Persons falsely swearing. Perjury. LXXXIII. And be it further enacted, That if any Person shall vote at any Election, by virtue of a Registry of an alleged Freehold under a Lease for a Life or Lives, made by a Lessor who had not at the Time of making the same a Freehold Estate therein, or under a Lease for a Life or Lives, which Lease is to end and determine on some such Covenant or Condition, that a Freehold Estate has not been demised by the same, or under a Lease for a Life or Lives, or a certain Number of Years, which Life or Lives is or are dead, or under a Lease for a Life or Lives, which Lease has expired or been surrendered, after due Notice not to vote by virtue of any such Registry shall have been given to such Person by any Candidate, or by an Inspector of any Candidate, and which Notice every Candidate and Inspector is hereby authorized and empowered to give to such Person at any Time before or during such Election, or in the Place of polling, such Person, on being convicted thereof, shall forfeit to any Person who shall sue for the same the Sum of Twenty Pounds, to be recovered by him or them, with Treble Costs of Suit, by proceeding in the Nature of Civil Bill at any General Quarter Sessions of the Peace that may be held for the County of the City or County of the Town in which such Election shall have taken place, or by Action of Debt in any of His Majesty's Courts of Record in Ireland. LXXXIV. And be it further enacted, That if any Person shall poll at any Election by virtue of a Freehold which he had registered, and of which he shall not be in Possession at the Time of his polling, he shall (if thereof convicted) be imprisoned in the Common Gaol of the County for the Space of Six Calendar Months. LXXXV. And be it further enacted, That if any Person who shall take any Oath or Affirmation hereby appointed or authorized to be taken, shall wilfully swear or affirm falsely therein, he shall be guilty of wilful and corrupt Perjury, or false affirming, and shall and may be prosecuted for the same as Persons may be now prosecuted who are guilty of wilful and corrupt Perjury, and being thereof convicted he shall incur and suffer the Pains and Penalties which by Law are or may be inflicted in Cases of wilful and corrupt Perjury, and shall be for ever incapable of giving a Vote at any Election of a Member to serve in Parliament; and if any Person shall wilfully and corruptly proceed or suborn any other Person or Persons to take any such Oath or Affirmation, whereby such Person or Persons shall commit wilful Perjury or false affirming, and shall be thereof convicted, such Person so offending shall incur such Pains and Penalties as are inflicted by any any Act or Acts for the more effectual preventing and punishing of Subornation of Perjury, and such Person or Persons shall for And Incapacity ever be incapable of giving any Vote at any Election of a Member to serve in Parliament. to vote. LXXXVI. And be it further enacted, That all pecuniary Penal- Recovery of ties inflicted by this Act shall be recovered with full Costs by Penalties. Action of Debt, Bill, Plaint or Information, in any of His Majesty's Courts of Record at Dublin, and that it shall be sufficient for the Plaintiff in any such Action of Debt or Information to set forth in the Declaration that the Defendant is indebted to him in the Sum of Five hundred Pounds, and to allege the particular Offence for which such Action or Information is brought, and that the Defendant hath therein acted contrary to this Act, without mentioning the Writ of Summons to Parliament, or the Return thereof; and that it shall be sufficient, in any Indictment for any Framing of Offence contrary to this Act, to allege the particular Offence, Indictment. and that the Defendant is guilty, without mentioning the Writ of Summons to Parliament, or the Return thereof; and that upon Trial of any Issue in any such Action, Information or Indictment, the Plaintiff, Informer or Prosecutor shall not be obliged to prove the Writ of Summons to Parliament, or the Return thereof, or any Warrant to the Sheriff, grounded upon such Writ of Summons. Treble Costs. LXXXVII. And be it further enacted, That in case the Plaintiff If Plaintiff or Informer, in any Action or Information given by this Act, nonsuited, shall discontinue, or be nonsuited, a Judgment shall be given against him, the Defendant shall recover Treble Costs: Provided Limitation of always, that every Action, Information, Indictment or Prose- Action. cution, grounded upon this Act, be commenced within One Year after the Offence shall be committed; and provided also, that in any Action or Suit brought against any Person or Persons, for any thing done in pursuance of this Act, or in relation to the Matters therein contained, the Defendant or Defendants shall or may, at his or their Election, plead specially or the General General Issue. Issue, and give this Act and the special Matter in Evidence at any Trial, and that the same was done in pursuance and under the Authority of this Act; and in case the Jury shall find a Verdict for the Defendant or Defendants, or if the Plaintiff or Plaintiffs shall be nonsuited, or discontinue his, her or their Action or Suit, after the Defendant or Defendants shall have appeared, or upon any Demurrer, Judgment shall be given against the Plaintiff or Plaintiffs, then and in every such Case the Defendant or Defendants shall recover Double Costs, and have such Remedy Double Costs. for recovering the same as any Defendants hath or have in other Cases by Law. 43 G.3. c.80. 59 G.3. c.135. CAP. LVI. An Act for maintaining in Repair the Military and Parlia- W HEREAS. an Act was passed in the Forty third Year of the Reign of His late Majesty, intituled An Act for granting to His Majesty the Sum of Twenty thousand Pounds, to be issued and applied towards making Roads and building Bridges in the Highlands of Scotland; and for enabling the Proprietors of Land in Scotland to charge their Estates with a Proportion of the Expence of making and keeping in Repair Roads and Bridges in the Highlands of Scotland: And Whereas, in addition to the said Sum of Twenty thousand Pounds, the further Sum of Two hundred and thirty thousand Pounds has at sundry Times since been granted in further Execution of the said Act, by means of which many useful Roads (to the Extent of Eight hundred and seventy five Miles) and many Bridges have been 'made and completed under several Contracts and Agreements entered into according to the Provisions and Regulations of the said Act: And Whereas another Act was passed in the Fifty ninth Year of the Reign of His said late Majesty, intituled An •Act to repeal Two Acts made in the Fifty fourth and Fifty fifth Years of the Reign of His present Majesty, for maintaining and keeping in Repair certain Roads and Bridges in Scotland; to provide more effectually for that Purpose; and for Regulation of Ferries in Scotland: And Whereas the Commissioners appointed in and by virtue of the said first recited Act were appointed Commissioners for the Purposes of the said last recited 'Act, together with the Lord Keeper of the Privy Seal of Scotland, and the First Commissioner of His Majesty's Woods, Forests and Land Revenues in England, who were by the said last recited Act appointed Commissioners for carrying that Act and also the said first recited Act into Execution; any < Three of which Commissioners it was by the said Second recited Act directed should constitute a Quorum, of which one of the Commissioners appointed by virtue of his Office should always be one; and by which Act the said Commissioners were directed to maintain in Repair the before mentioned Roads and Bridges, and also several Roads made in the Course of the last Century for the Purpose of Military Communication in Scotland, insomuch that nearly Twelve hundred Miles of Road are now under the Care of the said Commissioners: And Whereas, in addition to Five thousand Pounds directed to be annually issued by the Barons of the Exchequer in Scotland, for the Purpose of maintaining in Repair such Roads and Bridges, 'certain Assessments were, by virtue of the said last recited Act, directed to be made and levied, in the Manner therein prescribed, upon the Counties wherein any of the Roads and Bridges therein mentioned were situated, and to such au Amount that the said Counties respectively should thereby be ' enabled |