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Alteration in oath, where rent-charge

15 months, by

within nine.

See 37 G. 3. c. 47. s. 4.

freeholder of this county, and that I have a freehold therein of the clear yearly value of twenty pounds a year at the least, above all charges payable out of the same, consisting of a rent-charge granted by deed bearing date the

day of

in the year

, upon the lands of [naming the lands mentioned in such deed, and the barony or baronies, half-barony or half-baronies, wherein the same lie,] and that I am now in the possession thereof, or of the clear amount of twenty pounds yearly value thereof, and have been so ever since I registered the same, and am entitled to receive the same, or to the clear amount of twenty pounds yearly value thereof, [as the case may be,] as it becomes due, and that I have not been polled before at this election.'

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47. PROVIDED always, and be it enacted, That where the freehold, if arising from a rent-charge, shall have come by comes within descent, devise, marriage, or marriage-settlement, to the descent, &c. person offering to vote out of the same, within fifteen months or other free previous to the test of the writ for holding such election, or hold, to come if not arising from a rent-charge, shall have so come within nine months previous to said test, the words in the freeholder's oath, and that I have been in the actual occupation thereof for six successive months at the least, between day the day on which I registered the same and the of by residing thereon, or tilling or grazing to the amount of forty shillings yearly value thereof,' and the words in the rent-charger's oath, and have been so ever since I registered the same,' shall be omitted respectively, and the words following shall be added to every such oath respectively, and that the said freehold came to me on the day of by descent, or devise, from [naming the person from whom it descended, or by whom it was devised,] or by my marriage, or marriage-settlement with day of [naming the person and date;] and that the blank for the parish or parishes, barony or baronies, half-barony or halfbaronies, in the said oaths or affirmations, shall, in every such case, be filled up by the names which the person so offering to vote shall, at the time, desire to insert therein, and that'forty shillings,' 'twenty pounds,' or 'fifty pounds,' shall be inserted in the freeholder's oath, according to the desire of such person offering to vote.

Freeholder to

if required.

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on the

48. AND be it further enacted, That if any candidate or swear he is 21, elector shall desire it, the words following shall be added to any of the oaths aforesaid, ' and that I am, to the best of my belief, of the age of twenty-one years.'

Freeholders

under 201. to swear they reside, till, or graze, to

amount of 40s.

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49. PROVIDED always, and be it further enacted, That where the freehold shall be registered under the yearly value of twenty pounds, and the words, and that I am in the actual occupation thereof, by residing thereon, or by tilling or grazing to the amount of forty shillings yearly value thereof,' shall be admitted in the oath or affirmation of the person registering the same, pursuant to the provisions aforesaid, the words in the foregoing oath, and that I have been in the actual occupation thereof for six succes

6

day of

by.

sive months at the least, between the day on which I re-
gistered the same and the
residing thereon, or tilling or grazing to the amount of forty
shillings yearly value thereof,' shall be omitted:

omitted.

50. PROVIDED also, That the said words shall also be When said omitted in the said oath, when it shall be tendered to any words may be person who shall have inserted in his affidavit of registry, made pursuant to the provisions of this act, that he registered the said freehold on the

day of

deemed a

51. AND be it further enacted, That no public or parlia- No tax, cess, mentary tax, county, church or parish cess or rate, or any &c. shall be cess on any town-land, or division of any parish or barony, charge, &c. shall be deemed any charge payable out of any freehold estate within the meaning of this act, or any of the foregoing oaths or affirmations.

declare as

52. AND be it further enacted, That every person who Freeholders shall offer to vote by virtue of a freehold, not consisting of a under 20. to] rent-charge under the yearly value of twenty pounds, shall, herein, if rebefore he be permitted to poll, declare, if required by the quired: sheriff or any elector, upon oath, the name of the person or persons under whom he holds his freehold, if he holds it under any person or persons, and shall also, if such freehold be situate in a town corporate, declare the street, or part of the city or town in which the same is situate, and who are his next resident neighbours in such street, or part of the said city or town, and the said declarations, in all such cases, shall be entered in the poll-book taken by the in poll-book. sheriffs, or their deputies, at such elections.

to be entered

53. AND be it further enacted, That if any person shall Person votpoll at any election by virtue of a freehold which he had ing from freehold registerregistered, and of which he shall not be in possession at the ed, and not in time of his polling, he shall (if thereof convicted) be impri- mprisoned six possession, soned in the common gaol of the county for the space of six months. months.

54. AND be it further enacted, That if any person, not Punishment for assuming being a registered freeholder, shall take upon him the name registered of a freeholder entered upon the registry, or pretend to be freeholder's the person so registered, and shall be convicted thereof, he naine, &c. shall be sentenced to stand in the pillory on three successive market-days, in the town where such election has been held, and be imprisoned in the common gaol of the county where he shall have been so convicted for the space of six months.

55. AND be it further enacted, That every resident inha- Mode for inhabitant of bitant, claiming a right to vote as being an inhabitant of a borough to reborough where the right of voting is in the inhabitants, or gister where in the inhabitants and others, shall, at some quarter-sessions is in the inha right of voting or adjournment thereof, be registered in the following man- bitants. ner, that is to say, every such inhabitant shall, in open court, post before the justices of the peace, at the quarter-sessions of the county wherein such borough lieth, or at some adjournment thereof, take the following oath, or if a quaker, make the following affirmation:

See section 63

'I, A. B. do swear, [or if a quaker, do affirm,] that I am Oath. a resident inhabitant of and householder in

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the borough of

Forms to be observed by inhabitant of borough registering his residence.

Names of in

manner here

in.

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in the county of

and that my house is situated in

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[here naming the street, lane, alley, row, or place,] and that my neighbours are and and that I have resided in said house for six calendar months last past, and that I am not an inmate or lodger with any other person in said borough, but am really and truly a resident inhabitant of, and housekeeper in the said borough, and am answerable for payment of the usual customary taxes and cesses in said borough, as a resident householder therein, which shall or may be legally demanded of me, and that my said house, exclusive of my land annexed to, or let with it, except the ground whereon my house (with its offices and back or other yard) stand, is, to the best of my knowledge and belief, worth the sum of five pounds yearly, and that I believe the same may be let for said sum of five pounds yearly, to a responsible tenant, and that I am, to the best of my knowledge and belief, of the age of twenty-one years and upwards. So help me God.'

Which oath or affirmation shall be taken by every such inhabitant, in all cases in which he is, or shall be, required to register his residence.

56. AND be it further enacted, That when any inhabitant of such borough shall desire to have his residence registered, he shall swear or affirm the aforesaid affidavit or affirmation, which, when duly sworn or affirmed, shall be read aloud in open court, and the person so registering shall sign the same, or affix his mark thereto, before two witnesses, who shall also sign the same, and if taken and signed as aforesaid, the court shall deliver it to the acting clerk of the peace, who shall immediately affix the paper containing the said affidavit or affirmation in a book to be by him kept for that purpose, and for no other, in its order, that is to say, immediately after the affidavit or affirmation last mentioned, and then the court shall sign it and date, it according to the date of the month of the year.

57. AND be it further enacted, by the authority aforesaid, habitants to be That although the affidavits be inserted in the said book in inserted alphabetically in their order as to the time in which they were made, the clerk's book in names of the persons making the same shall be alphabetically arranged in an index at the end of the same book, and the page where the affidavit of the said inhabitant may be found; and that such inhabitants' names shall be so entered immediately after the corresponding affidavit or affirmation shall have been entered as aforesaid in the registry book, without the intervention of any other business whatsoever, for the inserting of which affidavit or affirmation, entry, or Sixpence fee to registry, and indexing the same, the sum of sixpence, and clerk of peace. no more, shall be paid by such inhabitant to the acting clerk of the peace at the time of such registering, if he shall demand the same, and no more.

Each entry deemed a record of the county;

58. AND be it further enacted, by the authority aforesaid, That the said book shall be kept by the clerk of the peace amongst the records of the county, and that each entry shall be deemed a record of the county, and that the said clerk of

altered nor

peace or other.

habitants at

the peace be required to preserve the said book, without Book not to be addition or alteration, from one court of quarter-sessions to written in by another, neither writing in the same himself, nor permitting clerk of the any other person to write therein, but that the same shall person benevertheless be open to the inspection of any registered in tween sessions; book to habitant of such borough, at any time between the hours of be open to twelve and two o'clock in the day time, when such inhabi- registered intant shall require it, upon his giving twenty-four hours no- times herein, tice, except only on Sundays and the greater feasts, he on 24 hours pay- notice; ing for the same one shilling, and no more, for every time he One shilling shall inspect the same, and being debarred the use of both fee; pen and ink pen and ink during the whole of that time, and that if any not allowed person having or claiming to have a vote in the same borough, during inspecshall require of the clerk of the peace to furnish him with a clerk of peace, copy of the said registry book, or any part thereof, the said if required, clerk of the peace shall write, or cause to be written, a true copy of regiscopy of the same, and within a reasonable time furnish the try-book; said voter therewith, charging him for the same at the rate fee for copying, of two-pence for every four inhabitants so registered, conas likewise tained in said copy, including the index; and that if any copy of index; person having, or claiming to have, a vote in such borough, shall require from the clerk of the peace a copy of the index, or any part thereof, the said clerk of the peace shall furnish him therewith within eight days after, charging him for the fee for copysame at the rate of one penny for every ten names of in- ing index, habitants contained in the said copy.

tion;

must furnish

to be made out

rish where bo

59. AND be it further enacted, That the acting clerk of Similar book the peace, on the last day of every quarter-sessions, do and for churchshall insert a true copy of such entry or registry, or entries wardens of paor registries, as he shall have made during the course of rough lies by the said quarter sessions, together with an index to the clerk of peace; same, in a book exactly similar to his own, to be kept by the churchwardens of the parish or parishes wherein the said borough lies, or by one of them, and by them, or one of them, to be carried to every such quarter-sessions, and there intrusted to the acting clerk of the peace for that pur- church warpose, on the last day of each quarter-sessions, and at no suffer registry other time; and that the churchwardens shall preserve the book to be alsaid book, without alteration, from one quarter-sessions to ten in between another, not writing in it himself or themselves, nor per- quarter-sesmitting any other person to write therein, except the clerk by said clerk of the peace as aforesaid.

dens not to

tered or writ

sions, except

of peace. Oath to be

didate or elec

60. AND be it further enacted, That if any candidate or taken by elector shall desire it, every person offering to vote at any voters on canelection shall, before he be admitted to vote, take the oath tor requiring following:

it.

"I, A. B. do swear, [or being of the people called quakers, Oath. I, A. B. do solemnly affirm,] I have not received, or had myself, or any person whatsoever in trust for me, or for my use and benefit, or for the use and benefit of any of my family or kindred, to my knowledge or belief, directly or indirectly, any sum or sums of money, office, place, or employment, gift, or reward, or any promise or security for any money, office, or employment, in order to give my vote at this election.'

At quarter

sessions after

wherein bo

inhabitants,

61. AND be it futher enacted, for the greater conveni1st of August, ence of persons by the said act required to register, That in every year, from and after the passing of this act, at every quarterfor any county sessions to be held next after first day of August in every rough is situ- year, and for any county wherein there is situated any boated, where right of voting rough, or part of any borough, where the right of voting is vested with is vested in the inhabitants in general, or in the inhabitants justices may and others, that the justices holding such quarter-sessions adjourn same are hereby required and directed to make an adjournment as herein. of the same, on some convenient day, within three weeks from the holding of such sessions, to such borough as aforesaid, for the purpose of there registering the names of persons who shall desire to be registered, as claiming a right to vote in such boroughs, and that such adjournment shall be held accordingly, in some convenient place, for the purpose aforesaid.

Sheriff to re

peace to deliver registrybook to church-war

dens as soon

the writ for

62. AND be it further enacted, That the sheriff of the quire clerk of county in which such borough shall be, shall, at all times, upon receiving a writ for the election of a member or members to serve in parliament for such borough, require of the clerk of the peace that he do deliver to the churchwardens, as he receives or one of them, of the parish or parishes wherein said bo such borough, rough lies, his said book so by him kept as aforesaid; and Church-war- that the said churchwardens, with the said book and the dens,with said duplicate thereof in their possession kept, shall attend on plicate, to at the returning officer in said borough, in the court where tend returning the poll shall be taken, throughout the whole of every officer, unless as herein. election of members to serve in parliament for said borough, unless one of them shall, by any elector, be required to attend in a deputy's court, with his respective book of registry before mentioned, which requisition he is Registry-book hereby required to comply with, to be freely inspected in to be inspected their hands, during the election, by any person concerned during elec

book and du

tion.

habitant only

months before

therein.

Voter in right 63. AND be it further enacted, by the authority aforeof being an in- said, That no person whatsoever claiming to vote in right to be register of being an inhabitant only, shall vote for any member or ed as above, 12 members to serve in parliament, where a right of voting is vested in the inhabitants in general, or inhabitants and others, who shall not appear to have been first registered in said books, or one of them, in the manner above prescribed, twelve calendar months at least before the time of except as here. holding such election, except in the case herein after par

election,

after men

tioned.

Oath.

ticularly excepted, which being found upon inspection of the returning officer, or his deputy, the returning officer or his deputy shall, then, and not before, if thereto required by any electors, administer to such person the oath, or affirmation following, that is to say,

'I A. B. do swear [or if a quaker, do affirm] that I am a resident inhabitant in the borough of in the county of

,

and that I have been so for these twelve months last past, and duly proved and registered my residence twelve calendar months before the present vacancy, and that my house is situated in , and that my next neighbours

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