The Sun.
London, England, 1829-03-11 00:00:00

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A BILL 'TO ALTER THE ELECTIVE
FRANCHISE OF IRELAND.

A BILL TO ASIEND CERTAIN ACTS OF THE rA FLLIAMENT

OF IRELAND RELATIVE TO Tif E ELECTION OF MEMBERS

TO SERVE IN PARLIAMENT, AND TO REGULATE THE

QUALIFICATIONS OF PERSONS ENTITLED TO VOTE AT

THE ELECTION OF KNIGIITS OF THE SHIRE IN IRELAND.

(Note.—The-words printed in Italics are proposed to be
inserted in the Committee.)

Whereas byan Act of 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 other things
enacted, that every knight, citizen, and burgess, for every
Parliament thereafter within the realm of Ireland to be
summoned, afpointed, or holden, shall be chosen and
elected by the greater number of the inhabitants of the said
counties, Cider, and towns, being present at the said election
by virtue4S4lte King's writs for that intent addressed, and
aho thp efettehArr of the said' knights' shall dispels," and
have lands an teociiieh4-ofestate of frvehold within the,
said counties, at the least, to the yearly value of foity
shillings 'over and above all charges.
And whereas by an act passed in the Parliament of Ire-
land in the thirty-fifth year of the reign of his late Majesty
King George the Thiid, intituled, " An act for regulating
" the election of members to serve in parliament, and fin•
"repealing the several acts therein mentioned," and by sub-
sequent acts, persons having freehold est rtes 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 ad-
vice 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 con
tnencement of this act, that part of the said act of the
thirty-third year of King Henry the Elglith, hereinbefine
recited, which relates to the amount or value of the free-
hold necessary to qualify persons to he electors of knights
of the shire to serve in Pat liament for counties in Ireland, -
shall he and the:itame is hereby repealed. " -

And be it enacted, that from and after the commence-
ment df this act, no person shall be admitted to vote at
any election of any knight of the shire to serve in the Par-
liament of the United Kingdom, for any county in Ireland,
(save,as hereinafter is provided) unless such person shall
have an estate of freehold in lands, tenements or heredita-
ment* in such county, of the clear yearly value of ten
pounds, at the least, over and above all charges, outgoings
and incumbrances, except only public or parliamentary
taxes, county, church or parish cesaes or rates, and ceases
on Any townland, barony, or division of any parish or
barony.
And be it enacted, that from and after the commence-
ment of this act, no person shall he admitted to vote at
any election of a Knight of the shire to serve in the Parlia-
ment of the United Kingdom for any minty in Ireland,
by virtue or in respect of any estate of freehold of less an-
nual value than twenty pounds unless such freehold shall
be registered pursuant to the provisions of this act, save
only as hereinafter provided.

• 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 Livotenant, or other Chief Governor or Gover;,-,
non of Irelaa'shall'appoint ; and the clerk of the peke
fir each such county shall, forty days at the least before
the day so appointed fur such county, cause to be posted in
each market town therein, notices in the form specified in
the first schedule to this act annexed, that such session, fin-
the purpose of registering freeholds within this act, will
he holden on the days and at the places so appointed, and
that application for that purpose will he then and there
taken into consideration.

And be it enacted, that every person intending to re-
gister a freehbld nt any•such session, shall give to the clerk
of the peace for the county, notice in writing of such in-
tention thirt# dear days at the least before the day appointed
for the holding of such session, and shall in such notice
state, according to the form prescribed in the second sche-
dule to this act annexed, his name and residence, the de-
scription of the hinds, tenements, hereditaments, or rent-
charge in respect of which such application is to he made,
and whether he intends to register such freehold at the an-
nual sum of fifty pounds, or 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 wh ch 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 he published in some news-
paper printed in such county, or in case no newspaper
shill be therein printed, then in some newspaper printed in
any adjoining county.

And be it enacted, that at each such session the names
of the persons contained in such lists shall be seve-
rally called by the clerk of the peace, and each person so
called, who shall claim to register any freehold, shall
produce in open court before such assistant barrister, the
deed, lease, or instrument, 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, tl en such person
shall otherwise establish his title to such freehold,•and such
person shall also prove that a solvent and responsible tenant
&Naiad afford to pay fairly and without collusion for the
same, the annual sum of fifty pounds, twenty pounds, or
ten pounds, as the case may be, as an additional rent,
over and above all charges as aforesaid, and over and above
any rent to which the person so claiming may be liable in
respect of the same.
And be it enacted, that such assistant barrister shall in-
spect and examine every deed, lease, or instrument so pro-
duced, or otherwise investigate the title so made, and shall
determine whether the same is or is not sufficient
to entitle the person claiming thereunder to a legal estate
of freehold, such as shall be so claimed, and shall also ex-
amine and inquire, as well by the oath of the person so
claiming (which, oath such assistant barrister is hereby em-
powered to administer) as by any evidence offered in sup-
port of or opposition to such claim, whether a solvent and
responsible tenant could afford to pay fairly and without
collusion, as an additional rent for such freehold, the annual
sum of fifty pounds, twenty pounds, or ten pounds,
as the case may be, over and above all such charges as
aforesaid, and over and above any rent to which the person
so claiming may be liable in respect of the same, and shall
alsoinqqire by any of the means aforesaid, into the truth of the
several particulars required to be stated in the oath hereinafter
prescribed to be tajcen for the registry of such freehold, and
al-o into the title of the person under whom such freehold
shall be claimed, if such assistant barrister shall see reason
to doubt such title.

---
And be it enacted, that if it shall appear to such assis-
tant 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 regis-
ter 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 affirma-
tioni, now by law required in that behalf, take and sub-
scribe 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 fifty pounds
or twenty pounds not arising from a rent-charge, 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,
which several oaths such assistant barrister is hereby autho-
rized to administer.

And beit enacted, that the clerk of the peace shall there-
upon, instead of the certificate of registry now by law re-
quired, deliver to the person so adjudged to he entitled (if
he shall demand the same) a certificate,
signed by such as_
sistaut 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 stun so
proved as aforesaid, and reciting the oath of such person on
which such freehold has been registered, which certificate
shall be of equal authenticity with the original oath thereby
certified in cue of the loos or destruction of such original,

and shall be evidence of the due registry of the fredic
therein mentioned.

And be it enacted, that every such oath shall be
read aloud in open court by the clerk a the
peace, and shall be signed by the assistant bar-
rister befme whom the same shall be taken, and shall be
by him delivered to the clerk of the peace to he filed and
kept amongst the records of the county; and such assist-
ant barrister is hereby required to take care that such oath
shall he agreeable to the form hereby prescribed ; and no
objection in point of form shall at any time thereafter be
allowed to any such oath, when so signed.
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 at the
annual sum at which he seeks to register, either in con-
sequence of any objection to the deed, lease or instrument
so produced by him, or of the want of a legal estate of
Freehold, or in consequence of any defect in the title to
such Freehold, or of insufficiency within this Act, in the
annul value of the Freehold claimed, or in consequence of
.iny objection relative to any of the matters to be stated in
the oath hereby required to be taken for registering such
freehold, or of any other objection in point of law, such
assistant barrister shall refuse to permit suds person to re-
ester snoli freehold, and shall in. that case puke an_order;
adjudging such person not to be entitled €5 register palcirl
freehold ;' and where any such order shall be-founded upou '
insufficiency- of value within this act, such order shall state
such insufficiency as the ground of such order, or other--
wise shall set forth the objection by reason whereof such
person is adjudged to be not entitled so to register such
freehold ; and where such order shall be made, such free-
hold shall not be deemed duly registered within this act.

And be it enacted, that such order shall be without pre-
judice to any future application to register such freehold,
,which the person claiming the. same shah think fit to make
at-any subsequent general or quarter sessions of the peace;
as hereinafter authorized; provided such future application
be made conforanebly to this act.

Provided always, and be it enacted, that if any person
against whose claim any such order shall be mode on the
ground of insufficiency of value, shall deem himself ag-
grieved thereby, it shall and may be lawful for such person
upon the pronouncing or making of such order to require
that a jury shall be forthwith sworn to try whether the
freehold claimed•ey such person is of the annual value within
the 'Peening of this act, at which he seeks to register the
same ; and thereupon the sheriff or other proper officer
shall forthwith return the names of This', y-eix properly
qualified persons to serve on such jury, and the names of
the persons so aeturned shall be written on separate pieces of
paper by ehe clerk of the pence, and Icy him shaken together
in a box, and the first twelve persons whose names shall be
drown out by the clerk of the peace, and whose attendance
can be obtained, and who shall• not be disqualified, or on
on some just and roasonable cause excused hem serving as
jurors, shall be the jury to try as aforesaid, and shall take the
path prescribed by the seventh schedule to this actannexed ;
and the assistant barrister and the jury so sworn shall pro-
ceed to try whether the freehold so eiaimed is of the annual
value within the meaning of the act, at which the person
claiming the same seeks to register such freehold; and if
such jury shall give a verdict in favour of the claim to regis-
ter, and the assistant barrister shall consider such claim to
be in other respects well-founded, the order so complained
of shall be therebk void and of none effect, and such pro-
ceedings shall be had, such oath shrll be taken, such pro-
ceedings had, and such freehold registered, in like manner
to all intents and purposes. as if the order so complained of
had been in favour of the person so claiming a right to
register. -

And be it enacted, that where any person, against
whose claim to register any freehold any order shall be
made by any assistant barrister, on any ground-than insuf-
ficiency of value, shall consider himself aggrieved by such
order, it shall and may be lawful for such person to appeal
fram sneh.order to the judge
.uf...itssio at tly;_ant. aksizex,
for the county, who shall have power, on motion, to re-
view such order, and either to affirm or reverse the same,
as shall be fit ; and in case such order shall on such ap•
peal be reversed, the person so appealing shall be deemed
to have registered such freehold at the time when he ori-
ginally applied for that purpose, upon taking, before such
.judge, the oath hereby required ; and the clerk of the
peace shall upon the production of such order of reversal,
register such freehold, and the assistant barrister and clerk
of din peace shall sign a certificate thereof, and the same
shall be delivered in like manner as should or might have
been done in case an order for such registry bad been ori-
ginally made by the assistant barrister whose order shall be
so reversed.

And be, it enacted, that after the termination of the
session hereby directed to be first•holden in any cour.ty in
Ireland for the registering of freeholds, it shall and may
be lawful for any person desiring to register a freehold in
such county, to register. the stme 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 bereinbefore provided
clear days at the least before the day appointed for the
the peace shall in each such case proceed in all respects
in the same manner rs hercinbefore prescribed with re-
lation to applications for registering freeholds at the first
session for that purpose hereby directed ; and the assis-
tant horrister of such county is hereby authorized and
requieed to hear and determine such application at such
general or quarter sessions, in the same manner in all re-
spects as is hereinbefore provided with respect to applica-
tions 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 bad, the like orders made,
the like oaths taken, tht like certificates granted, the like
rights and powers of appeal enjoyed and exercised, and the
like rules, regulations, enactments, matters and things ol►-
served performed and followed, as if such application had
been made at the first session for registering freeholds di-
rected to be held under this act.

Acd be it enacted, that the sheriff of each county
in Ireland or his under shetiff, and also the clerk
of the peace for each such county or his deputy,
shall and each of them is hefeby required to attend at
every session for registering freeholds to be holden
in this county under this Act; and in case any sheriff or
under sheriff, clerk of the peace or his deptity,:shall neglect
or refuse so to do, he shell forfeit the sum of Fifty pounds,
to be recovered in the planner directed by the said Art
passed in the thirty-fifth year of the reign of King George
the Third.

And be it enacted, That no person who shall before the
passing of this act have duly registered a freehold so as to
enable him to vote at any such election as aforesaid, ac-
cording to the laws now in force in Ireland, and who shall
in pursuance of this act again register a freehold, shall,
upon such registry within this act, be liable to the pay-
ment of any fee whatever, for or in respect of such new
register.
And he it enacted, that the clerk of the peace shall be
entitled to demand and have from every person claiming to
register a freehold under this act, save as hereinbetore ex-
cepted, the suns of One shilling and no more.
And be it enacted, that in every case where any oath is
by this act required to I.e taken, every person being a
Quaker or Moravian, shall and may snake affirmation in
the form prescribed hereby for each such oath respectively ;
and that ail provisions herein contained relative to any oath
shall respectively extend and apply to every such affirmation.
And be it enacted, that if any person shall, in any oath
or affirmation to be taken ❑nder tlsis 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 liabla to
for wilful and corrupt perjury.

. . .
And be it enacted, that if any person shall forge or coun-
terfeit the signature of any assistant barrister or clerk of
the peace to any certificate, or any instrument or writing
purporting to be a certificate within this act, or the signa-
ture of any person to any oath or affirmation, within this
act; or shall knowingly utter or publish, as true and ge-
nuine, any such forged or counterfeited certificate, instru-
ment, writing, oath, or affirmation, every person so offend-
ing shall be deemed guilty of felony, and shall be liable,
at the discretion of the court before which be shall he
tried, to be transported beyond the seas for the term of
seven years, or to be imprisoned, with or without hard la-
boa, fir any term not exceeding three years.
Anti be it enacted, that if any person shall refuse
to be sworn, or to give evidence before any assistant
barrister or jury, upon the investigation of any such
claim as aforesaid, without sufficient lawful excuse to be
allowed by such assistant barri•ter, it shall and may be
lawful for such assistant banister 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,