Page images
PDF
EPUB

atteftation, as aforefaid) request to be enrolled; and every such perfon fhall be as fully entitled to be enrolled, and shall, in cafe of a refufal, have the fame remedy or remedies, as any other freeholder.

the

queftion of

rol every per

enrolments,

V. And be it further enacted and declared by the authority aforefaid, That the registers of freeholders aforefaid fhall con- Registers to tain the matters and things in the schedule hereunto annexed, contain th No. 1, particularly specified; and that no register-keeper, au- fchedule, Nr. thorised to make enrolments in purfuance of this act, thall No regifterhave any judicial power or authority whatsoever, with refpect keeper to to any question which may arise relative to the right of any per- have any jufon to be enrolled within the true intent and meaning of this dicial power act; but every fuch register-keeper shall, and is hereby requir- refpecting any ed to enrol (or in his prefence to cause to be enrolled) the name right to enof every person who fhall (by perfonal application, or by attef- rolment; tation as aforefaid, and at the dwelling-houfe of the proper re- but is to engifter keeper, on any day, and at a feasonable hour) request fon who ap to be enrolled in the proper regifter of freeholders aforefaid; plies accordand the register-keeper who fhall make any fuch enrolment ing to this act. (or who thall caufe the fame in his prefence to be made) fhall Regifterand is hereby required to fign fuch enrolment; but no register- keeper to figu keeper as aforefaid fhall be compellable to make any fuch en- but not comrolment before the fixth day of April one thoufand feven hun- pellable to dred and eighty-nine, or on a Sunday, a Good Friday, or a make any beChristmas-day, or on any day fet apart by authority for general fore April 6, fafting or thanksgiving; and every freeholder, or other perfon Sunday, &c. as aforefaid, who fhall (in either manner aforefaid) make ap- Freeholders plication for any fuch enrolment to be made, fhall have the may examine right to be present, and to examine whether the fame be cor- enrolments, rectly entered in the register of freeholders, and thall likewife the regitterand require have the right to require that the faid register-keeper thould keeper to liga fign the faid enrolment forthwith in the prefence of the perfon them. making fuch application; and every fuch regifter-keeper fhall Enrolments and is hereby required to make every fuch enrolment "gratis." VI. And be it further enacted by the authority aforefaid, That after the tenth day of July one thoufand feven hundred After July so, and ninety, no perfon fhall be permitted to vote at any elec- 1790, no pertion of any knight or knights of the hire to ferve in parlia- for a knight ment for any county aforefaid, until fuch perfon fhall have of the hire made the following declaration; (videlicet),

Do declare, That my name is A. B. and that I am
[fpecifying the addition, profeffion, or trade of fuch per-

fon] and that the ufual place of my abode is at

[and if it be a town confifting of more streets than one, then fpecifying in what street] in the county of

that I am enrolled in the register of freeholders for

[ocr errors]

and

[fpecifying the parith or diftrict in the register of freeholders for which fuch perfon is enrolled] in the county of

and that I really and truly have in the jaid parish or diftria, [or in the faid parish on district, and in

Ipecifying in

1789, or on a

to be made

gratis.

fon to vote

until he makes the following

dec'aration.

What

what other parish or diftrict, if the cafe fhall fo be, in the faid county] an eftate of the clear yearly value of forty fillings, over and above the intereft of any money fecured by mortgage upon the faid eftate, and alfo over and above all rents and outgoings payable out of or in respect of the faid eftate, other than parliamentary, publick, or parochial taxes; and that the faid eftate confifts of

[fpecifying whether the fame confifts of lands, or of messuage, or of tythes, or of an office, or of a rent charge; and if the faid eftate confift of lands, or of meffuage, or of both, then naming fome occupier of fuch lands or meffuage; or if the faid eftate confift of an office, then naming the fame]; and that I am in the actual possession or receipt of the rents or profits of the faid eftate for my own use; and that I do [or, do not, as the cafe may be] vote in virtue of a leafe, [and if it be in virtue of a leafe, then specifying the date of the said leafe, and the chriftian names and the furnames of the parties thereto]; and that I have not been polled before at this election; and that, to the best of my knowledge and belief, I am of the full age of twenty-one years, and have in my faid eftate a freehold.

VII. And be it further enacted by the authority aforefaid, No perfon to That after the faid tenth day of July one thousand seven hunvote who bas dred and ninety, no perfon (except as herein-after excepted) not been en- fhall have a right to vote at any election of any knight or rolled a year. knights of the thire to ferve in parliament for any county aforefaid, without having been enrolled, as herein-before mentioned, in fome register of freeholders within fuch county, at least twelve calendar months before the day on which fuch perfon fhall tender his vote at fuch election; and every perfon (except as herein-after excepted) who fhall after the faid day tender his vote at any fuch election as aforefaid, fhall, before he be permitted to vote at fuch election, make the following decla ration:

Perfons tendering votes

to make the following

declaration.

Perfons to whom freeholds fhail

Imonths in the register of freeholders for

Do declare, That I have been enrolled at least twelve calendar

[Specifying the parish or diftrict in the register of freeholders for which fuch perfon is enrolled] in the county of

and that I have, by myself or others, been for at least twelve calendar months laft paft in the actual poffeffion or receipt of the rents or profits, for my own use, of the eftate for which I claim to vote at this election.

VIII. Provided always, and be it further enacted by the au thority aforefaid, That if any person (without having had his name enrolled for twelve calendar months as aforesaid) (hall have come by claim a right to vote at any fuch election as aforefaid, in vir death, office, tue of a freehold eftate which fhall have come to him either by or marriage, the death of any perfon, or by promotion to any benefice or to within 2 years any office, or by marriage, fuch perfon fhall have a right to vote for fuch eftate, any thing herein-before contained to the

beforetender

ing their

contrary

[ocr errors]

vote, if their

contrary notwithstanding, provided that the faid freehold votes, to be eftate fhall have come to him within two years before the day entitled to on which he shall tender his vote, and provided the perfon fo names have claiming to vote fhall have had his name enrolled as herein- been enrolled before mentioned, in the register of freeholders for fome pa- prior to tenrish (or diftrict) within the county, before the time when he dering them. fhall tender his vote; and every fuch person who fhall, after the Such perfons faid tenth day of July one thousand feven hundred and ninety, following

tender his vote at any fuch election as aforefaid, fhall, before, he be permitted to vote at fuch election, make (instead of the declaration laft above-mentioned) the following declaration; (videlicet),

to make the

Do declare, That the eftate for which I claim to vote at this declaration. election came to me within two years laft paft, by the death of

[Specifying the chriftian name and the furname of the perfon by whofe death the perfon claiming to vote fhall have acquired fuch eftate, or] by promotion to the benefice [or] by promotion to the office of

of
[or] by marriage with

[as the cafe may be.]

But no fuch perfon as aforefaid, whofe name fhall have been But no fuch enrolled as aforefaid lefs than twelve calendar months, fhall be perfon fhall permitted to vote, unless fuch perfon (moreover) do produce to vote, unless he produce a cothe fheriff (or other person who fhall by law be authorifed py of his ento take the poll at fuch election) a copy of his enrolment, and rolment, and fuch copy fhall be left with the faid theriff (or other person authorifed to take the poll) who is hereby required to demand the faid copy to be so left.

leave it with

the sheriff.

fhall caufe

district for

be

IX. And whereas inconveniencies might arife, if perfons not having any freehold eftate, within the true intent and meaning of this all, were to cause their names to be enrolled in any register of freebolders as aforefaid; be it therefore further enacted by the authority aforefaid, That if any perfon fhall (by perfonal appli- If any person cation, or by atteftation) caufe his name to be enrolled in any him register of freeholders which fhall be kept in pursuance of this enrolled who act, without fuch perfon actually having, at the time of fuch has not a leenrolment, a freehold; or if fuch eftate fhall not (at fuch gal freehold, time) be of the clear yearly value of forty fhillings, over and or which does above the intereft of any money fecured by mortgage upon the not lie in the faid eftate, and alfo over and above all rents and outgoings which the enpayable out of or in refpect of the faid eftate, other than par- rolment is liamentary, publick, or parochial taxes; or if the whole or made, or if he fome part of the said eftate fhall not lie in the parish (or district) be not in the in the regifter of freeholders for which fuch perfon fhall have rents; or if caufed his name to be enrolled, or iffue out of lands or tene- it be fraudu ments within fuch parish (or district); or if fuch perfon (at lently granted the time of the making of fuch enrolment) fhall not be, by him; or if he himself or others, in the actual poffeffion or receipt of the any particu rents or profits of fuch eftate for fuch perfon's own ufe; or lars thereof, if any perfon who fhall caufe his name to be enrolled in any he fhail for VOL. XXXVI. fuch feit 201.

Dd

receipt of the

fhall mif- ftate

Perfons vot ing who are

under twenty-one years,

or who have

not a free

hold, to for feit 201.

Regifter

keepers refufing to make enrolments,

fuch register of freeholders fhall be poffeffed of no freehold eftate, but of fuch as thall have been granted to him fraudu lently, or in which his intereft fhall be nominal or fictitious; or shall, upon perfonal application to be enrolled, mil-ftate any of the particulars directed by this act to be specified in his enrolment; every perfon who fhall be found guilty of any of the faid offences, fhall forfeit the fum of twenty pounds of lawful money of Great Britain, to any perfon or perfons who shall

first fue for the fame.

[ocr errors]

afore

X. And be it further enacted by the authority aforefaid, That if any perfon fhall vote at any election of any knight or knights of the fhire to ferve in parliament for any county faid, in virtue of any eftate which fhall not be a freehold, or without being of the full age of twenty-one years, fuch perfon fhall forfeit the fum of twenty pounds of lawful money of Great Britain to any candidate for whom fuch perfon fhall not have voted at the faid election, and who fhall firft fue for the faid forfeiture; but if no fuch candidate fhall fue for the faid forfeiture within three calendar months after the offence fhall have been committed, then the faid forfeiture fhall go to any perfon or perfons who fhall firft fue for the fame.

XI. And be it further enacted by the authority aforesaid, That if any register-keeper authorifed and required to make enrolments in any register of freeholders in pursuance of this act, thall wilfully refufe to enrol therein as aforefaid the name and not thew of any perfon who fhall (by perfonal application or attestation] ing fufficient request to have his name fo enrolled, then, and in fuch cafe, caufe for their fuch wilful refufal being proved upon the oath of one or more juftice, to for- credible witnefs or witneffes, before any justice of the peace feit 40s. to the for the county, (riding or divifion), it fhall be lawful for fuch perfon refuf- juftice, and he is hereby required to fummon fuch regifter

refufal to a

ed;

and if they refufe a fecond feit rol. and fo for every 1ublequent retufal.

time, to for

keeper to appear before him, and to fhew caufe why he did fo refute to make fuch enrolment; and if fuch regifter-keeper fhall not fhew fufficient caufe to fuch juftice for fuch refufal, or if fuch register-keeper, being duly fummoned as aforelaid, fhall neglect to obey fuch fummons, without giving fufficient reafon for not obeying the fame, fuch juftice fhall, by warrant under his hand and feal, caufe to be levied, by diftrels and fale of the goods and chattels of the faid regifter-keeper, the fum of forty fhillings of lawful money of Great Britain, and allo the full costs and charges attending fuch dift refs and fale; and the fum fo levied fhall go and be paid to the perfon who fhall have been fo refufed to be enrolled as aforefaid; and if after any fuch diftrefs and fale fuch regifter keep er fhall (on a fresh application by fuch perfon as aforefaid to be enrolled) again refufe to make fuch enrolment, fuch re gifter-keeper, being convicted thereof in manner aforefaid, fhall forfeit to the perfon who shall have been again fo refufed to be enrolled, the fum of ten pounds, (to be recovered in mani er aforefaid), and also the full cofts and charges attending the diftrels and fale, and shall also forfeit to the faid person, upon

[ocr errors]

every

fuble

quent

quent conviction for the like offence, the like fum of ten pounds, (to be recovered in manner aforefaid), and alfo the full costs and charges attending the diftrefs and fale.

the faid

XII. And, for the better promulgation of this act, be it further enacted by the authority aforefaid, That the clerk of the Clerk of the peace for every county (riding or divifion) aforefaid fhall, on peace, by or before the said fifth day of April one thoufand feven hundred April 5, 1789, and eighty-nine, caufe to be delivered to the different register- the different to deliver to keepers within the faid county (riding or divifion) a fufficient register keepnumber of printed copies of the following notice, to be diftri- ers within his buted by the faid regifter keepers to all the freeholders within County, printthe districts of fuch register-keepers refpectively; and the faid notice, to be register-keepers are hereby required to leave (or to cause to be left at the left) one of the faid printed notices at the ufual place of abode abode of every of every freeholder within their refpective diftricts, in the faid freeholder, in month of April one thousand seven hundred and eighty-nine; month of and every fuch register-keeper shall alfo, on fome one or April; which more of the Sundays in the faid month of April one thousand is alfo to be feven hundred and eighty-nine, affix, or caufe to be affixed, affixed on the on the principal door of every church or chapel (if any fuch church. there be) within his refpective district, immediately before the ufual hour of morning fervice (or if no morning fervice, then immediately before the ufual hour of evening fervice) a notice in the following words; (that is to fay), "Whereas, by an act of parliament, made and paffed in the twenty-eighth year of the reign of his majesty King George the Third, intituled, An act for the better fecuring the rights of perfons qualified to vote at county elections, it is enacted, That no perfon (except as therein excepted) fhall vote at any election of any knight or knights. of the hire to ferve in parliament for any county in that part of Great Britain called England, or in the dominion of Wales, without having had his name enrolled in fome register of freeholders within fuch county, at least twelve calendar months before the day on which fuch perfon fhall tender his vote at Such election: every freeholder therefore, having in any one county a freehold eftate of the clear yearly value of forty fhillings, is to take notice of the faid act, and to caufe his name to be enrolled accordingly; and the collector of the land tax for each parish or diftrict (being by virtue of the faid act authorised and required to act as a register-keeper) will be ready at his refpective dwelling-houfe on the first Monday in the month of May one thousand seven hundred and eighty-nine (between the hours of nine in the forenoon and of three in the afternoon of the faid day) for the purpofe of making enrolments in pursuance of the faid act;" and the faid regifter-keeper fhall Registerfubfcribe his name, and his place of abode to the faid notice: keeper to fuband the clerk of the peace for every county (riding or divifion) tice. aforefaid fhall, on or before the faid fifth day of April one Clerk of the thousand seven hundred and eighty-nine, alfo deliver, or caufe peace, by to be delivered, to each and every register-keeper within fuch April 5, 1789, county (riding or divifion) a printed charge in what manner to deliver to he the regifter

Dd2

fcribe the no

« PreviousContinue »