adjourning of any sessions, from whence the sessions at which such freehold shall have been registered shall have been adjourned, either directly or by any adjournment of adjournments, provided such latter session shall have been duly and regularly held in all other respects. 37 Geo. 3. c. 47. Irish. or adjourned sessions or adjournment ment, provid at which registry, regular. Where deputy mine whether cannot deter or not, he may $12. And be it further enacted, that in case a question respecting the right of any person claiming to vote, shall occur, which a deputy a person has a shall not think himself competent to determine, right to vote. such deputy may send to the sheriff or sheriff's send to the who shall preside at such election, stating his sherifi, who not thinking himself competent to determine reject such such person's right of voting, in every which vote. case such sheriff or sheriffs shall take such person's poll, and receive or reject his vote according as he shall be qualified or not to vote at such election, either in the booth, building, or other place appropriated to such deputy, as he or they shall judge most expedient, any thing in the said act to the contrary notwithstanding. ties may admi recited act, § 13. And be it further enacted, that every Returning offireturning officer and officers, and every deputy, cers and depushall have full power, and he and they are here- nister all oaths by authorized to administer all oaths and in act, or in affirmations allowed or required by the said re- to persons who cited act, or this present act, to be administered have registerat any election for a member or members to holds where serve in parliament, but not to any person until required. it shall appear that he has duly registered his freehold, where such freehold is required to be registered, in order to entitle him to vote. § 14. "And whereas it is enacted by the said act, that in case of an equality of voices for ed their free In case of equality of votes, where any two or more candidates at any election, the there are two sheriff's, the 37 Geo. 3. c. 47. Irish. senior in appointment shall have the casting voice, if present. Registry not improper on account of being unstamp returning officer shall be obliged to give a cast"ing voice;" be it enacted, that in counties of towns or cities, where two sheriffs preside as returning officers, the sheriff whose name stands first in the appointment to the office, shall, if he be present, give such casting voice. § 15. And be it enacted and declared, that no person shall be deemed unduly or not properly registered, on account of the affidavit for such aloud in court. registry not being on stamped paper, or on account of such affidavit not having been read aloud in open court. ed, or not read Words to be omitted where a rent-charge is not granted by deed. Recital of 35' Geo. 3. c. 29. town-lands, baronies, &c. to be named: § 16. And be it enacted, that in the oath required to be taken by a rent-charger, either for the purpose of registering his freehold, or when he shall offer to poll, the words, "granted by "deed bearing date the day of "in the year may be omitted, in case such rent-charge shall not have been granted by deed, and the particulars of the title of such person to such rent-charge, shall be inserted in the room thereof. 66 § 17. "And whereas in several counties of "cities, and counties of towns in this kingdom, $31. directing the denominations of towns, lands, or baronies, "are not in use: and whereas by the act of the thirty-fifth of his present majesty, [chap. "29th, sect. 31st] the town-land or town-lands, "and barony or half-barony, or baronies or half"baronies, wherein the freehold is situated, are "directed to be named in the oath for registering "the same:" be it declared and enacted, that the registry of any freehold situated in any county of a city, or county of a town in which the dedenominations nominations of town-lands or baronies are not. registry of a freehold in a county of a city, or of a town where 47. Irish. are not in use, town-lands, in use, shall be to all intents good and effectual, 37 Geo. s. c. although the affidavit of registry does not name any town-land or town-lands, barony or of town-lands half-barony, or baronies or half-baronies, in or baronies which such freehold is situated; and that in the shall be effecoath to be taken by such freeholder before the tual, although returning officer, or his deputy, at the time of &c. are not election, it shall not be necessary either to name the town-land, or barony or half-barony, provided the freehold out of which such freeholder claims to vote shall be situated in any county of a city, or county of a town, in which the denomination of town-lands or baronies are not in use. named. $ 18. And be it further enacted, that, if any Persons offercandidate or elector shall desire it, every person ing to vote, if offering to vote at any election, shall, before he candidate or be admitted to vote, take the oath following: required by elector, to swear that they are twenty-one "I, A. B. do swear, [or, if a quaker, do af years of age. 'firm,] that I am, to the best of my belief, of the age of twenty-one years." Which oath or affirmation every returning of ficer or officers, or his or their deputy or deputies, are hereby required and empowered to administer, either by itself, or in addition to any other oath or affirmation which may be tendered to such elector. subscribed, § 19. And be it enacted and declared, that Papists who any papist, or person professing the Roman ca- have taken and tholic religion, who shall have taken and sub- previous to scribed, or who shall hereafter take and sub- test of writ, scribe, at any time previous to the test of the writ for holding the election at which such per- c. 35. (jor the oaths and declarations in 13 & 14 Geo. 3. 37 Geo. 3. c. 47. Irish. ccxxvi. n.) and 33 Geo. 3. c. 21. (for which see ante, ccxxii.) in the courts herein, to be deemed to have taken them within act, so as to entitle them to vote. son shall offer to poll, the oaths and declarations contained in an act passed in the thirteenth and which see ante, fourteenth years of his present majesty's reign, intitled, "An act to enable his majesty's sub"jects, of whatever persuasion, to testify "their allegiance to him," and also an act passed in the thirty-third year of his present majesty's reign, intitled, "An act for the relief of his majesty's popish or Roman catholic sub"jects of Ireland," in some one of his majesty's four courts in Dublin, or at the general sessions of the peace, or at any adjournment thereof, or at any adjournment of an adjournment thereof, to be holden for the county, city, or town, wherein such papist, or person professing the Roman catholic religion, doth inhabit and dwell, or before the going judge or judges of assize, in the county wherein such papist, or person professing the Roman catholic religion, doth inhabit and dwell, in open court, shall be deemed to have taken and subscribed such oaths and declarations within the meaning of said last recited act, and this present act, in order to entitle him to vote at such election: Provided always, that nothing herein contained shall extend to entitle such person to vote, unless he shall produce to the sheriff, or other returning officer, a certificate of his having taken and subscribed said oaths and declaration, as by said act, and this present act, required. Such persons certificates to shall produce sheriffs. Election of persons under Geo. 3. c. 29. $81. ante, celxxxvi.) § 20. And be it enacted, that every election or return of any person to serve in parliament, who shall be under the age of twenty-one years, shall be deemed null and void, and that if it shall be determined by any committee of the house of commons, who shall try any petition. 47. Irish. presented against any such election or return, 37 Geo. 3. c. that such person was under the age of twentyone years, on the day of such election, a new writ shall forthwith issue for the election of another person in his place. The Irish Stat. 38 Geo. 3. c. 61. An Act for better enforcing the Execution of the Act made for the Trial of controverted Elections of Members to serve in Parliament, by disqualifying certain Persons who have endeavoured to obstruct the due Ere cution thereof, from voting at any Election hereafter. "WHEREAS Gilbert Roycroft, of Deansfort, 66 County of Roscommon, Richard Tyler, senior, "Richard Tyler, junior, and Edward Jones, all "of Roscommon, did, as far as lay in their power, endeavour to obstruct the beneficial "effect of the laws for securing the freedom "of elections, and the rights of electors of "members to serve in parliament, by contuma ciously withstanding every process to compel "them to give evidence before the select com"mittee of the house of commons, appointed to try the merits of the late election for the county of Roscommon;" be it therefore enacted, by the king's most excellent majesty, by and with the advice and consent of the lords 66 Certain persons herein. mentioned, |