No fee or re

ward to returning officer; con

made of such writ to the clerk of the crown, within forty days after the teste thereof; and all and every such returning officer or officers as shall make default therein shall forfeit to any person who shall sue for the same the Penalty 100%. sum of one hundred pounds for each day such default shall be made, to be recovered in manner herein-after mentioned. 73. AND be it further enacted, That no fee, gratuity, or reward whatsoever shall be given, paid, received, or taken, tracts for mak- by any sheriff or returning officer or officers of any county ing a return of a city or county of a town, for making out, or for the deshall be void. livery, return, or execution of any writ or precept, for the electing a member or members to serve in parliament; and that all contracts, promises, bonds, and securities to be made or given to any sheriff, or other returning officer or officers, for making a return of any member to serve in parliament, or to pay such sheriff or returning officer or officers any sum or sums of money, by way of gratuity or reward for making such return or otherwise in respect thereof, shall be and are hereby declared to be null and void; and whosoever shall make, give, or accept of such contract, promise, bond, or other security, or any gift or reward to procure any false return, shall forfeit a sum equal to the value given or intended to be given, or accepted in such contract, promise, or other security, gift or reward; and also the further sum of two hundred pounds to any person who shall first sue for the same, to be recovered as herein-after directed.

Persons giv

ing or accept

ing such, for

feit the

amount and

2001.

Election of persons under

be void, and

new writs

issued.

74. AND be it further enacted, That every election or re21 years shall turn of any persons to serve in parliament for any county of a city or county of a town, 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 presented against any such election or return, that such person was under the age of twenty-one years on the day of such election, a new writ shall forthwith issue for the election of another person in his place.

Punishment of officers returning corruptly or partially.

be delivered to

75. AND be it further enacted, That every returning officer who shall be by due course of law convicted of having acted corruptly or partially in the execution of his duty as returning officer, at any election of a member or members to serve in parliament, for any county of a city or county of a town, shall be adjudged guilty of high misdemeanor, and shall be imprisoned for a period not exceeding three years; and such person so convicted is hereby declared to be for ever incapable of holding any office or situation, civil or military, under the crown.

Poll books to 76. AND be it further enacted, That in every case in which the clerk of a poll shall take place as aforesaid, the returning officer the peace to shall, within twenty-one days of the final close of such poll, be kept among the records of deliver all the poll books of such election to the clerk of the peace for such county of a city or county of a town, verifying upon oath, (which oath any justice of the peace for such county, county of a city, county of a town or place, is hereby empowered to administer,) that the poll books

the county.

which he delivers in are the original poll books of such election, upon which the return was founded; and that from the final close of the poll to the time he delivers in the same, there has not been any obliteration, erasure, addition, or alteration made therein, and such poll books shall be carefully kept amongst the records of such county of a city or county of a town, and the production of such poll books, by such clerk of the peace or officer, or his deputy, shall be deemed sufficient evidence of the authenticity thereof, unless the same shall be disproved.

by sheriffs for

returned with

77. AND be it further enacted, That the sheriffs or other Account of returning officers of every county of a city or county of a town sums received shall, at the same time that they shall return the poll expences of books used at every election for such county of a city or election to be county of a town to the clerk of the peace, as herein-before the poll books directed, return therewith an account of the sums received to clerk of the for the expences of such election from the several candidates, and the application thereof, and shall verify the same on oath, which oath any justice or justices of the peace is and are hereby authorized to administer.

peace.

the perform

ance of his

duty.

78. AND for the better securing the performance of the Clerk of the duties directed to be performed by the clerk of the peace or an oath for peace to take his deputy, in respect to the registry of freeholds, be it further enacted, That the several clerks of the peace, or their deputies, of the several counties of cities and counties of towns of Ireland, shall, at the general quarter sessions of the peace or adjournment thereof next after the passing of this act, or at the next general quarter sessions of the peace or adjournment thereof next after his appointment, take and subscribe an oath in the form following, and which oath the justices presiding at the said session are hereby directed and empowered to administer : 'I, A. B. clerk or deputy clerk of the peace for the county Oath. of [as the case may be] do swear, that I will faithfully and honestly, and without favour or affection, perform and discharge the several duties directed to be performed by the clerks and deputy clerks of the peace, by an act passed in the third year of his present majesty's reign, intituled [here set forth the title of this act ;] and that I will not demand or receive any fee or fees for discharging any of the said duties which I am not entitled to by law. So help me GOD.'

And which the said clerks and deputy clerks of the peace are hereby required to deliver to the treasurer of the county of the city or county of the town (as the case may be) to be preserved amongst the records of the county.

ments, pre

79. AND be it further enacted, That no person to be here- Entertainafter elected to serve in parliament for any county of a city sents, cockor county of a town shall, after the teste of the writ of sum- ades, promises, &c. disalmons to parliament, or after the vacancy shall have happen- lowed. ed to supply which the election shall be held, by himself, his friends or agents, or any person or persons employed in his behalf, directly or indirectly, give, present, or allow to any person or persons, having a vote or votes in such election, any money, meat, drink, entertainment, or provi

Persons having freeholds under 207. value to vote though not re

sion, cockades, ribbands, or any other mark of distinction, or make any present, gift, reward, or entertainment, or shall at any time hereafter make any promise, agreement, obligation, or engagement, or give or allow any money, meat, drink, provision, present, entertainment, or reward, to or for any such person or persons in particular, or to any such county of a city or county of a town in general, or to or for the use, advantage, benefit, employment, profit, or preferment of any such person or persons, place or places, in order to be elected or for being elected to serve in parliament for such county of a city or county of a town; and that every person and persons so giving, presenting, or allowing, making, promising, or engaging, doing, acting, or proceeding, shall be and is and are hereby declared to be disabled and incapacitated to serve in parliament upon such election for such county of a city or county of a town.

80. AND whereas it is expedient, that persons having freeholds under the yearly value of twenty pounds, and subject only to quit or crown rent, or arising from fee-farm siding thereon. grants, or under a lease or leases for ever, or for lives renewable for ever, should have the power of voting at elections for members of parliament, although they should not reside thereon, or occupy such freeholds by tilling or grazing to the amount of forty shillings yearly value there. of; be it enacted, That it shall and may be lawful for per sons having freeholds under twenty pounds yearly valuc, not consisting of a rent-charge, and liable only to crown or quit rent, to register the same in like manner as is provided by this act for persons having freeholds of the yearly value of twenty pounds; and that such person so registering his freehold shall insert in the oath of registry, the words forty shillings,' instead of the words 'twenty pounds,' or fifty pounds,' and shall add the following words: and that the said freehold does not consist of a rent-charge, and that it is liable to no rent except quit or crown rent, or that it arises from fee-farm grant, or that I hold it under a lease or leases for ever, or under a lease or leases for lives, renewable for ever (as the case may be);' and that every person who shall offer to vote by virtue of a freehold under the value of twenty pounds, and holding the same subject only to quit or crown rent, shall make the same affirmations, and take the same oaths, and answer the same questions, if required, as are now provided for persons having freeholds of the value of twenty pounds: provided always, that such persons shail in such oaths make the several alterations and additions as are herein set forth in the oath of registry for such persons.

Persons who

any reward

or others, or who influence

81. AND be it further enacted, That if any person who ask or receive shall have or claim to have any right to vote in any election for themselves of a member or members of parliament, for any county of a city or county of a town, shall directly or indirectly ask, receive, or take any money or other reward by way of gift, employment, or other reward whatsoever, for himself or any of his family or kindred, to give his vote, or to abstain from giving his vote in any such election, or if any person, by

others for reward, &c. for

5007.

himself, his friends, or by any person employed by him, shall by any gift or reward, or by any promise or agreement or security for any gift or reward, corrupt or procure any person or persons to give his or their vote or votes in any such election, or to abstain from giving the same, such person shall for such offence forfeit the sum of five hundred pounds sterling, to the person who shall first sue for the same, to be recovered as hereinafter directed; and every person offending in any of the cases aforesaid, from and after judgment obtained against him in any action or information grounded on this act, shall for ever be disabled to vote in any election of any member or members to serve in parliament; and also shall be for ever disabled to hold, exercise, or enjoy any office or franchise to which he or they then shall or at any time afterwards may be entitled, as member of any city, borough, or town corporate, as if such person was naturally dead.

personating

punished by

82. AND be it further enacted, That every person who Persons pollshall poll a second time, or offer to poll a second time at ing twice, or the same election, for any county of a city or county of a voters, may be town, or who shall personate any other person for the pur- two years impose of polling at such election, shall be guilty of a mis- prisonment. demeanor, and upon being thereof convicted shall be imprisoned for any term not more than two years, at the discretion of the judge or judges, who shall try such person.

fraudulent

83. AND be it further enacted, That if any person shall Penalty on vote at any election, by virtue of a registry of an alleged voters, 207. freehold under a lease for a life or lives, made by a lessor who had not at the time of making the same a freehold estate therein, or under a lease for a life or lives, which lease is to end and determine on some such covenant or condition, that a freehold estate has not been demised by the same, or under a lease for a life or lives, or a certain number of years, which life or lives is or are dead, or under a lease for a life or lives, which lease has expired or been surrendered, after due notice not to vote by virtue of any such registry, shall have been given to such person by any candidate, or by an inspector of any candidate, and which notice every candidate and inspector is hereby authorized and empowered to give to such person at any time before or during such election, or in the place of polling, such person, on being convicted thereof, shall forfeit to any person who shall sue for the same, the sum of twenty pounds, to be recovered by him or them, with treble costs of suit, by proceeding in the nature of a civil bill at any general quarter sessions of the peace that may be held for the county of the city or county of the town in which such election shall have taken place, or by action of debt in any of his majesty's courts of record in Ireland.

hold of

84. AND be it further enacted, That if any person shall Persons vot poll at any election by virtue of a freehold which he had ing from freeregistered, and of which he shall not be in possession at which he is not the time of his polling, he shall (if thereof convicted) be to be impriimprisoned in the common gaol of the county for the space soned six of six calendar months.

in possession,

months.

Perjury.

Mode of recovering penalties.

Treble costs

Action to be commenced within one year.

85. AND be it further enacted, That if any person who shall take any oath or affirmation hereby appointed or authorized to be taken, shall wilfully swear or affirm falsely therein, he shall be guilty of wilful and corrupt perjury, or false affirming, and shall and may be prosecuted for the same as persons may be now prosecuted who are guilty of wilful and corrupt perjury, and being thereof convicted, he shall incur and suffer the pains and penalties which by law are or may be inflicted in cases of wilful and corrupt perjury, and shall be for ever incapable of giving a vote at any election of a member to serve in parliament; and if any person shall wilfully and corruptly proceed or suborn any other person or persons to take any such oath or affirmation, whereby such person or persons shall commit wilful perjury or false affirming, and shall be thereof convicted, such person so offending shall incur such pains and penalties as are inflicted by any act or acts for the more effectual preventing and punishing of subornation of perjury, and such person or persons shall for ever be incapable of giving any vote at any election of a member to serve in parliament.

86. AND be it further enacted, That all pecuniary penalties inflicted by this act shall be recovered with full costs by action of debt, bill, plaint or information, in any of his majesty's courts of record at Dublin, and that it shall be sufficient for the plaintiff in any such action of debt or information to set forth in the declaration that the defendant is indebted to him in the sum of five hundred pounds, and to allege the particular offence for which such action or information is brought, and that the defendant hath therein acted contrary to this act, without mentioning the writ of summons to parliament, or the return thereof; and that it shall be sufficient, in any indictment for any offence contrary to this act, to allege the particular offence, and that the defendant is guilty, without mentioning the writ of summons to parliament, or the return thereof; and that upon trial of any issue in any such action, information, or indictment, the plaintiff, informer, or prosecutor shall not be obliged to prove the writ of summons to parliament, or the return thereof, or any warrant to the sheriff grounded upon such writ of summons.

87. AND be it further enacted, That in case the plaintiff if nonsuited. or informer, in any action or information given by this act, shall discontinue, or be nonsuited, a judgment shall be given against him, the defendant shall recover treble costs: provided always, that every action, information, indictment, or prosecution, grounded upon this act, be commenced within one year after the offence shall be committed; and provided also, that in any action or suit brought against any person or persons, for any thing done in pursuance of this act, or in relation to the matters therein contained, the defendant or defendants shall or may, at his or their election, plead specially or the general issue, and give this act and the special matter in evidence at any trial, and that the same was done in pursuance and under the authority of

General issue may be plead

ed.