the united kingdom called England, and be certified to the house of commons in the same manner as the like returns have been usually or shall hereafter be certified; and copies of the said writs and returns, attested by the chancellor, keeper or commissioners of the great seal of Ireland for the time being, shall be preserved in the crown office of Ireland, and shall be evidence of such writs and returns, in case the original writs and returns shall be lost;' be it enacted, That the said Act, so herein recited, be taken as a part of this Act, and be deemed to all intents and purposes incorporated within the same. 40 Geo. III. c. 67. Recited Act to be taken as part of this Act. The Great Seal III. And be it enacted, That the great seal of Ireland may, if his Majesty shall so think fit, after the Union, be used in like manner as before the of Ireland Union, except where it is otherwise provided by the foregoing articles, may if his Mawithin that part of the united kingdom called Ireland; and that his Majesty shall jesty may, so long as he shall think fit, continue the privy council of Ireland to be his privy council for that part of the united kingdom called Ireland. 10 Geo. IV. c. 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.] [For the Roman Catholic Relief Bill, 10 Geo. 4. c. 7., see ante, vol. v. p. 59 a.] think fit, after the Union, be used there in like manner a before, except where other wise provided. 10 Geo. IV. c. 8. WHEREAS by an Act of the Parliament of Ireland, passed in the thirty-third year of the reign of King Henry the Eighth, intituled An Act for the Adjournment of the Parliament, and the Place to hold the same, and what Persons shall be chosen Knights and Burgesses, it is amongst 33 H. 8. (I.) other things enacted, that every knight, citizen, and burgess for every Parliament thereafter within the realm of Ireland to be summoned, appointed, or holden, shall be chosen and elected by the greater number of the inhabitants of the said counties, cities, and towns, being present at the said election by virtue of the King's writs for that intent addressed, and also that every elector of the said knights shall dispend and have lands and tenements of estate of freehold within the said counties at the least to the yearly value of forty shillings, over and above all charges: And whereas by 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 35 G. 3. (I.) An Act for regulating the Election of Members to serve in Parliament, and for repealing the several Acts therein mentioned, and also by subsequent Acts, persons having freehold estates are required to register their freeholds in the manner therein prescribed, in order to qualify them to vote at elections for members to serve in Parliament for counties in Ireland: And whereas 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; 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 and after the commencement of this Act that part of the said Act of the thirty-third year of King Henry the Eighth, hereinbefore recited, 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 the same is hereby repealed. So much of of Electors for II. And be it enacted, That from and after the commencement of this Act no person shall be admitted to vote at any election of any knight of the shire to serve in the Parliament of the United Kingdom for any county in Ireland (save as herein-after is provided), unless such person shall have Knight of the Shire unless he have a Freehold Estate of 10%. a Year. K K VOL. VIII. 10 Geo. IV. an estate of freehold, in lands, tenements, or hereditaments in such county, c. 8. 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. Nor unless such Freehold, if under 201. a Year, be registered ac cording to this Act. A Session for registering Freeholds to be holden in each County, at such Days III. And be it enacted, That from and after the commencement of this Act no person shall be admitted to vote at any election of a knight of the shire to serve in the Parliament of the United Kingdom for any county in Ireland by virtue or in respect of any estate or freehold of less annual value than twenty pounds of the late currency of Ireland, unless such freehold shall be registered pursuant to the provisions of this Act, save only as herein-after provided. IV. And be it enacted, That after the commencement of this Act a session for the purpose of registering freeholds within this Act shall be holden in and for each county in Ireland, by and before the assistant barrister of such county, on such days and at such places in each such county respectively as the lord lieutenant or other chief governor or of Ireland shall appoint; and the clerk of the peace for each governors such county shall, forty days at the least before the day so appointed, cause to be posted in each market town therein notices, in the form speshall appoint. cified in the first schedule to this Act annexed, that such session, for the purpose of registering freeholds within this Act, 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. and Places as the Lord Lieutenant Notice to be given to Clerk of the Peace V. And be it enacted, That every person intending to register a freehold at any such session shall give to the clerk of the peace for the county notice in writing of such intention thirty clear days at the least before the day of Applications appointed for the holding of such session in the division of the county to register. wherein such freehold is situate, and shall in such notice state, according to the form prescribed in the second schedule to this Act annexed, 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 of each county 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 to this Act annexed, and shall, fifteen days at least before the day appointed for holding such session, cause a copy of 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: Provided always, that no such list for the session to be first holden shall be liable to any stamp duty as an advertisement. Clerk of the List, and pub- in a Newspaper. Proceedings at the Session. Assistant Barrister to inves tigate the Claim to register. VI. And be it enacted, That at each such session the names of the persons contained in such lists shall be severally called by the clerk of the peace; and each person so called, who shall claim to register any freehold at the annual sum of twenty pounds or of ten pounds, 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 herein-before exempted, and over and above any rent to which the person so claiming to register such freehold may be liable in respect of the same. VII. And be it enacted, That such assistant barrister shall inspect and 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 or is not sufficient to entitle the person claiming thereunder to an estate of freehold; and shall also examine and inquire, as well by the oath of the person so claiming as by any evidence offered either in support of or in c. 8. opposition to such claim, whether a solvent and responsible tenant could 10 Geo. IV. 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 herein-after prescribed to be taken for the registry of such freehold. VIII. And be it enacted, That if it shall appear to such assistant barrister 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 and may so adjudge; and in such case the person so adjudged entitled shall, instead of the oath or oaths, affirmation or affirmations, now by law required in that behalf, take and subscribe before such assistant barrister the oath mentioned in the fourth schedule to this Act annexed, where the freehold of such person shall be of the annual value of twenty pounds, not arising from a rentcharge, and where the same shall arise from a rent-charge, then the oath prescribed in the fifth schedule to this Act annexed, and where the same shall be of the value of ten pounds, then the oath prescribed in the sixth schedule to this Act annexed. If the Assistant Barrister adjudge the Claimant entitled, he shall take the Oath hereby pre scribed. IX. And be it enacted, That the clerk of the peace shall thereupon, Certificate of instead of the certificate of registry now by law required, deliver to the Registry. person so adjudged to be entitled a certificate, signed by such assistant barrister and by such clerk of the peace, stating that such person has duly registered a freehold in the county within which the same shall be situate at the annual sum so proved as aforesaid, 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. X. And be it enacted, That every such oath shall be signed by the Oath to be assistant barrister before whom the same shall be taken, and shall be by signed by the him delivered to the clerk of the peace, to be filed and kept amongst the Assistant records of the county; and such assistant barrister is hereby required to Barrister, and take care that such oath shall be agreeable to the form hereby prescribed; filed of Reand no objection in point of form shall at any time thereafter be allowed to any such oath when so signed. XI. And be it enacted, That 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 by him, or in consequence of any defect in the title to such freehold, or in consequence of insufficiency in the annual value of the freehold claimed, or in consequence of any objection relative to any of the matters to be stated in the oath hereby required to be taken for registering such freehold, 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 fit to make at any subsequent general or quarter sessions of the peace. cord. If Claimant not entitled to register, the Assistant Barrister shall so adjudge, and set forth the Objection. of Value, XII. And be it enacted, That if any person against whose claim any If Order such order shall be made on the ground of insufficiency of value shall grounded on deem himself aggrieved thereby, it shall be lawful for such person to appeal Insufficiency therefrom to the judges of assize at the next assizes for the county within Claimant may which the freehold which he claims to register shall be situate; and such judges of assize, or one of them, are and is hereby empowered and required to try and inquire, by the verdict of a jury, whether the freehold is of the require a Jury. c. 8. 10 Geo. IV. annual value, within the meaning of this Act, at which the claimant seeks to register such freehold; and such jury shall be returned by the same officer and in the same manner in which juries are now returned in cases of appeal from the decrees of the assistant barrister on civil bills, and shall take the oath prescribed by the seventh schedule to this Act annexed; and if such jury shall give a verdict in favour of the claim to register, and the judge before whom the same shall be tried shall consider such claim to be in other respects well founded, the order so complained of shall be thereupon reversed. Where Re- other ground, After the Session hereby directed, Freeholds may be registered at Quarter Sessions. Officers to attend Ses sions for Registry. Session for registering Freeholds, to be deemed a Court of Record. XIII. And be it enacted, That where any person against whose claim to register a freehold any order shall be made by the assistant barrister on any other ground than insufficiency of value shall consider himself aggrieved by such order, it shall be lawful for such person to appeal from such order 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. XIV. And be it enacted, That in every case in which any order of any assistant barrister shall upon appeal be reversed, the judge of assize before whom the same shall have been heard, shall thereupon cause such oath to be taken and subscribed, and such certificate to be given, and shall sign the same respectively, in like manner as the assistant barrister is hereinbefore required to do, 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 herein-before directed and required when any freehold is registered at any sessions before the assistant barrister; and such oath and certificate, and such Acts and proceedings, shall be of the like effect as if they had been taken, subscribed, given, performed, and had before the assistant barrister. XV. And be it enacted, That after the termination of the session hereby directed to be first holden in any county in Ireland for the registering freeholds, it shall and may 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 of the peace 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 herein before provided, thirty clear days at the least before the day appointed for the holding of such general or quarter sessions in the division wherein such freehold shall be situate; and the clerk of the peace shall in each such case proceed in all respects in the same manner as herein before prescribed with relation to applications for registering freeholds at the first session for that purpose hereby directed; and the assistant barrister of such county is hereby authorized and required to hear and 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 appeal enjoyed and exercised, and the like rules, regulations, enactments, matters, and things observed, performed, and followed, as if such application had been made at the first session for registering freeholds directed to be held under this Act. XVI. And be it enacted, That the sheriff of each county in Ireland, or his under sheriff, and also the clerk of the peace for each such county, or his deputy, and the chief constable of the barony in which each and 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. XVII. And be it enacted, That every session to be held for registering freeholds within this Act shall be deemed a court of record; and that it shall be lawful for every assistant barrister before whom such court shall be held, from time to time, as there shall be occasion, to fine the clerk of the peace or his deputy, or the sheriff or sub-sheriff of the county in which such court shall be held, and any chief or petty constable shall respectively c. 8. be guilty of any breach of duty in the execution of this Act, in any sum 10 Geo. IV. not exceeding five pounds, and at his discretion 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 as aforesaid, or who shall be guilty of any other contempt of the said court. XVIII. And be it enacted, That any person who at the commencement Persons reof this Act shall be duly registered as a freeholder in Ireland, and who gistered at shall register a freehold at the session to be first holden in pursuance of first Session this Act, shall be exempt from the payment of any fee whatever for or exempt from respect of such new registry. in Fees. XIX. And be it enacted, That the clerk of the peace shall be entitled Fee to Clerk to demand and have from every person claiming to register a freehold of the Peace. under this Act, save as herein-before excepted, the sum of two shillings and sixpence, and no more. XX. And be it enacted, 'That in every case where any oath is by this Act required to be taken, every person being a Quaker or Moravian may make affirmation in the form prescribed hereby for each such oath respectively, and that all provisions herein contained relative to any oath shall respectively extend and apply to every such affirmation. XXI. And be it enacted. That if any person shall, in any oath or affirmation to be taken 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 any person is now liable to for wilful and corrupt perjury. XXII. And be it enacted, That if any person shall forge or counterfeit the signature of any judge, assistant barrister, or clerk of the peace, to any order, certificate, or any instrument or writing purporting to be an order or a certificate within this Act, or the signature of any person to any oath or affirmation within this Act, or shall knowingly utter or publish as true and genuine any such forged or counterfeited order, certificate, instrument, writing, oath, or affirmation, every person so offending shall be deemed guilty of felony, and shall be liable, at the discretion of the court before which he shall be tried, 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. XXIII. And be it enacted, That if any person shall refuse to be sworn or to give evidence before any judge, assistant barrister, or jury, upon the investigation of any such claim as aforesaid, without sufficient lawful excuse, to be allowed by such judge or assistant barrister, it shall be lawful for such 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 such charitable institution as the assistant barrister shall think fit, or in default thereof to commit such person to the gaol of the county for any term not exceeding two calendar months. XXIV. And be it enacted, That every person who shall duly register a freehold within this Act at the first session herein-before mentioned shall be thereupon forthwith entitled to vote at any election to be held in and for the county for which such freehold shall be registered; and that any person who shall at any time after such 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. XXV. And be it enacted, That it shall be lawful for any freeholder who may be 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 mentioned in the fourth schedule to this Act annexed, either before the assistant barrister at quarter sessions, or in any of the superior law courts of record in Dublin, or before a judge at the assizes, in manner now by law authorized; and that the said oath shall be subscribed by the assistant barrister, or by one of the judges of the court before whom the same was taken, and being delivered to the clerk Quakers or Moravians may affirm. False Oath, Perjury. Forgery of Certificate or Penalty on Persons refusing to give Evidence. Persons registering at first Session enti tled to vote immediately; after Six other Persons Months. Freeholders of 501. may register under this Act, or in the Law |