45 Geo. 3. c,

59.

The Stat. 51 Geo. 3. c. 77. U. K.

An Act to amend the Laws for regulating the Election, in Ireland, of Members to serve in Parliament.

[15th June, 1811.]

"WHEREAS by an act made in the forty-fifth year of his present majesty's reign, 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 value

of twenty pounds, and for making further "and other regulations relating thereto,' it is among other things enacted, that every person who shall register a freehold under the "yearly value of twenty pounds, not arising "from a rent-charge, shall register the same "twelve months previous to the test of the "writ for holding the election at which he shall "tender his vote in manner and form required "by the said act, and for that purpose he shall "produce in open court, at a session of the

peace, the deed, lease, or instrument, under "which his freehold arises, and take and sub"scribe the oath, or, if a quaker, the affirma"tion, in form prescribed in the said act: And "whereas doubts have arisen as to the words to "be used in certain parts of such oath or affirm"ation respectively; for the obviating of all "such doubts," be it enacted, by the king's most excellent majesty, by and with the advice

77. U. K.

freeholders de

clared valid, if stated in manmentioned.

ner herein

and consent of the lords spiritual and tem- 51 Geo. 3. c.
poral, and commons, in this present parliament
assembled, and by the authority of the same,
that every oath or affirmation which shall have Oaths respect-
been made at any time before the passing of ing registry of
this act, or which shall be made at any time
after the passing of this act, for the purpose of
registering his freehold as aforesaid, shall be,
and the same is hereby declared to be good,
valid, sufficient and effectual in law, if the
party making such oath or affirmation shall
have stated, or shall state, in such oath or af-
firmation, that his freehold arises either by virtue
of a deed, or by virtue of a lease, or by virtue
of an instrument produced by him, or by virtue
of a deed, lease, or instrument produced by him,
whether all or any or either of the said terms,
deed, lease, or instrument are used in such oath
or affirmation; and that every such oath or
affirmation shall be good, valid, sufficient and
effectual in law, in which either the whole yearly
rent or the yearly rent per acre, or such yearly
rent per acre, together with the number of acres,
shall be stated; and whether the amount of re-
ceiver's fees and duties is or is not included in
the specified amount of such rent, or whether
the sums have been or shall be set forth in
figures or in words at length; and that every
such oath or affirmation shall be good, valid,
sufficient and effectual in law, in which the
actual occupation of such freehold shall be
stated to be either 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, whether stated copulatively or disjunc-
tively.

51 Geo. S. c. 77. U. K.

"And whereas doubts have arisen whether by the said recited term of twelve months is

Term of twelve "meant calendar or lunar months;" be it demonths deemed clared and enacted, that the said term of twelve months shall be deemed and taken to mean twelve calendar months.

twelve calendar months.

Papists taking

oaths, &c. under Irish acts

13 & 14, and 33 Geo. 3. en

titled to vote as under 37 Geo. 3.

(13 & 14 Geo. 3. c. 33. Irish,

ante, ccxxvi.)

3. And be it further enacted, that any papist, or person professing the Roman catholic religion, who at any time before the passing of this act shall have taken and subscribed, or who after the passing of this act shall take and subscribe, at any time previous to his offering to poll at any election, the oaths and declarations contained in an act, passed in the thirteenth and fourteenth years of his present majesty's reign, intituled, "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 (33 Geo. 3. c. reign, intituled, "An act for the relief of his

21. Irish, ante, ecxxii.)

majesty's popish or Roman catholic subjects "in Ireland," in some one of his majesty's four courts in the city of Dublin, or at any assizes, or at a general sessions of the peace, or at any adjournment thereof, or at any adjournment of an adjournment thereof, to be holden for any county, city, or town wherein such papist, or person professing the Roman catholic religion, doth or shall inhabit or dwell, in open court, or at any election in manner herein provided, shall be entitled to vote at such election in like manner as if he had taken and subscribed such oath and declaration in manner and at the time required by an act, made in the parliament of İreland in the thirty-seventh year of his present 47. Irish, ante, majesty's reign, intituled, "An act for the fur

(37 Geo. 3. c.

#clxxxix.)

"ther regulation of the election of members to 51 Geo. 3. c. serve in parliament."

77. U. K.

manded at any

election, re

on request of

candidate, to appoint two or of peace to administer oaths, election.

more justices

at place of

§4. "And, in order that any person desirous of When poll detaking and subscribing such oaths and declara"tions at any election may have an opportunity turning officer, "of so doing;" be it enacted, that from and after the passing of this act, when a poll shall be demanded at any election of a member or members to serve in parliament for any county, city, town, or borough in Ireland, the returning officer or officers at any such election, after such poll shall be demanded, shall, at the instance and request of any candidate or candidates at such election, under his or their hand or hands immediately after such request, and before he or they shall proceed further in taking the poll, retain, nominate, and appoint two or more justices of the peace (as the case may require) to administer the oaths and declarations required in and by the said hereinbefore recited acts, in some convenient part of the court or place where such election shall be carrying on, so as not to interrupt the poll; and the clerk of the Clerk of the peace, or a deputy by him appointed, by writing peace to give under his hand for that purpose, shall attend thereof to persuch persons during the administration of such sons applying. oaths and declarations, and shall give to every person so taking and subscribing such oaths and declarations a certificate thereof, in manner required by the said recited acts, and the persons to be appointed as aforesaid shall have full power, and they are hereby authorized and required, to administer all and every such oaths and declarations to every person desirous of taking and subscribing the same; and every such person so appointed as aforesaid, shall,

a certificate

51 Geo. 3. c. 77. U. K.

Oath to be

taken by per. sons administering oaths.

Oath to be taken by the clerk of the peace, or deputy.

immediately after such appointment, and before he shall take upon him to act under such appointment, take the following oath; that is

to say,

"I,

do swear, that I will faithfully and impartially administer the oaths "and declarations now required to be taken and "subscribed by papists or persons professing "the Roman catholic religion, by an act passed "in the thirteenth year of his present majesty's reign, intituled, An act to enable his majesty's subjects, of whatever persuasion, to "to testify their allegiance to him;' and also "another act, passed in the thirty-third year of "his present majesty's reign, intituled, 'An act for the relief of his majesty's popish or Ro"man catholic subjects in Ireland.

66

And every clerk of the peace or his deputy so appointed for the purpose as aforesaid, shall at the same time take the following oath; that is to say,

"I,

do swear, that I will, on being thereunto requested, fairly and truly give to every person who shall now take and "subscribe the oaths and declarations required

by law to be taken by persons professing the "Roman catholic religion, in order to entitle "them to vote at any election, before the "commissioners appointed by the returning "officer for that purpose, a certificate thereof "as required by law; and that I will not give

any such certificate to any person before "he shall have taken and subscribed such "oaths and declarations as shall be mentioned