Tuesday, March 10, 1829

Mr. Secretary Peel brought in the above Bills. Of which the following are copies:—

Roman Catholic Relief Bill

as brought in by Mr. Secretary Peel.

A BILL FOR THE RELIEF OP HIS MAJESTY'S ROMAN CATHOLIC SUBJECTS.

[Note.—The words printed in Italics are proposed to be inserted in the Committee.]

Whereas by various acts of Parliament, certain restraints and disabilities are imposed. the Roman Catholic subjects of His Majesty, to which other subjects of His Majesty are not liable: And whereas it is expedient that such restraints and disabilities shall be from henceforth discontinued: And whereas by various acts certain oaths and declarations, commonly called the Declaration against Transubstantiation, arid against Transubstantiation and the Invocation of Saints, and the Sacrifice of the Mass, as practised in the Church of Rome, are or may be required to be taken, made and subscribed by the subjects of his Majesty, as qualifications for sitting and voting in Parliament, and for the enjoyment of offices, franchises, and civil rights: Be it enacted by the King's Most Excellent Majesty, by and with the advice 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 commencement of this Act, all such parts of the said Acts as require the said Declarations, or either of them, to be made or subscribed as a qualification for sitting and voting in Parliament, or for the exercise or enjoyment of any office, franchise, or civil right, by any of His Majesty's subjects, be, and the same are, (save as hereinafter provided and excepted) hereby repealed.

And be it enacted, that from and after the commencement of this Act, it shall and may be lawful for any person professing the Roman Catholic religion, being a Peer, or who shall after the commencement of this Act be returned as a Member of the House of Commons, to sit and vote in either House of Parliament respectively, being in all other respects duly qualified to sit and vote therein, upon taking and subscribing the following Oath, instead of the Oaths of Allegiance, Abjuration, and Supremacy, and instead of making and subscribing the Declaration against Transubstantiation and the Invocation of Saints, and the Sacrifice of the Mass, as practised in the Church of Rome.

" I, A. B., do sincerely promise and swear, that I will be faithful and bear true allegiance to His Majesty King George the Fourth, and will defend him to the utmost of my power against all conspiracies and attempts whatever, which shall be made against his person, crown, or dignity; and I will do my utmost endeavour to disclose and make known to His Majesty, his heirs and successors all treasons and traitorous conspiracies which may be formed against him or them: and I do faithfully promise to maintain, support, and defend, to the utmost of my power, the succession of the Crown, which succession, by an Act, entitled 'An Act for the farther Limitation of the Crown, and better securing the Rights and Liberties of the Subject,' is and stands limited to the Princess Sophia, Electress of Hanover, and the heirs of her body, being Protestants; hereby utterly renouncing and abjuring any obedience or allegiance unto any other person elaiming or pretending a right to the crown of these realms: and I do further declare, that it is not an article of my faith, and, that I do renounce, reject, and abjure the opinion, that princes excommunicated or deprived by the Pope, or any other authority of the see of Rome, may be deposed or murdered by their subjects, or by any person whatsoever: And I do declare, that I do not believe that the Pope of Rome, or any other foreign prince, prelate, person, state or potentate, bath or ought to have any temporal or civil jurisdiction, power, superiority or pre-eminence, directly or indirectly, within this realm. I do swear, that I will defend to the utmost of my power the settlement of property within this realm, as established by the laws: And I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present Church Establishment as settled by law within this realm: And I do solemnly swear, that I never will exercise any privilege to which I am or may become entitled, to disturb or weaken the Protestant religion or Protestant government in this kingdom: And I do solemnly, in the presence of God, profess, testify, and declare, that I do make this declaration, and every part thereof, in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or mental reservation whatsoever."

Provided always, and be it further enacted, that no Peer professing the Roman Catholic religion, and no person professing the Roman Catholic religion, who shall be returned a Member of the House of Commons after the commencement of this Act, shall be capable of sitting or voting in either House of Parliament respectively, unless he shall first take and subscribe the Oath herein before appointed and set forth, before the same persons, at the same times and places, and in the same manner as the Oaths and Declaration now required by law are directed to be taken and made; and that any such person professing the Roman Catholic religion, who shall sit and vote in either House of Parliament, without having first taken and subscribed the said Oath in this Act appointed and set forth in the manner above-mentioned, shall be subject and liable to the same penalties, forfeitures, and disabilities, and the offence of so sitting and voting shall be followed and attended by and with the same consequences, as are by law enacted and provided in the case of persons sitting and voting in either House of Parliament, respectively, without taking the oaths and making the declaration now required by law to be taken and made.

And be it further enacted, that it shall and may be lawful for persons professing the Roman Catholic religion, to vote at Elections of Members to serve in Parliament, and to be elected such Members, and also to vote at the elections of representative Peers of Scotland and Ireland, and to be elected such representative Peers, and to be enrolled as freeholders in any shires or stewartry of Scotland, and thereafter to vote in all proceedings of the court of freeholders, and to be chosen Præses or Clerk. of such courts, and to be chosen Commissioner or Delegate for choosing Burgesses to serve in Parliament for any district of Burghs in Scot, land, being in all other respects duly qualified so to do, upon producing to the officer or other person who by law or custom is required to make the return at such election, or other presiding officer, the certificate hereinafter mentioned, of the oath hereby appointed and set forth having been duly taken and subscribed by the person producing the same, or upon taking and subscribing the said oath at the time and place of such election instead of the Oaths of Allegiance, Supremacy, and Abjuration, and instead of the Declaration now by law required to be made and subscribed, and instead of such other Oath or Oaths as are now by law required to be taken by any of His Majesty's subjects professing the Roman Catholic religion, and also upon taking such other Oath or Oaths as may now be lawfully tendered to any person or persons offering to elect or be elected at such elections.

And whereas by a certain Act of the Parliament of Scotland made in the 8th and 9th Session of the first Parliament of King William Ills., entitled "An Act for the preventing the growth of Popery," a certain declaration or formula is therein contained, which it is expedient should no longer be required to be taken and subscribed; Be it therefore enacted, that so much of any Acts as authorise the said declaration or formula to be tendered, or require the same to be taken, sworn, and subscribed, be and the same are hereby Repealed, except as to such offices, places, and right, as are hereinafter excepted.

And he it enacted, that it shall be lawful for any of His Majesty's subjects professing the Roman Catholic religion, to hold, exercise, and enjoy, all civil and military offices and places of trust or profit under His Majesty, his heirs or successors, and to exercise any other franchise or civil right, except as hereinafter excepted, upon taking and subscribing, at the times and in the manner hereinafter mentioned, the Oath hereinbefore appointed and set forth, instead of the Oaths of Allegiance and Supremacy, and Declaration against Transubstantiation, and such other Oath or Oaths as are or may be now by law required to be taken for the purpose aforesaid by any of His Majesty's subjects professing the Roman Catholic religion: provided nevertheless, that such other Oath and Oaths and such other Declarations shall be made and taken as are or may be by law required to be taken by any person or persons on his or their admission into any such office or place of trust or profit respectively.

Provided always, and be it further enacted, that nothing herein contained shall extend or be construed to extend to enable any person or persons professing the Roman Catholic religion, to hold or exercise the office of Regent of this United Kingdom, during the absence of his Majesty or his successors from the same, under whatever name, style, or title, such Regent may be constituted or appointed; nor to enable any person, otherwise than as he is now by law enabled, to hold or enjoy the office of Lord High Chancellor, Lord Keeper or Lord Commissioner of the Great Seal of Great Britain or Ireland; or of Lord Lieutenant, or Lord Deputy, or other Chief Governor or Governors of Ireland.

And be it enacted, that it shall and may be lawful for any of His Majesty's subjects professing the Roman Catholic religion, to be a member of any lay body corporate, and to hold any civil office or place of trust or profit therein; and to do any corporate act, or vote in any corporate election or other proceeding, upon taking and subscribing the Oath hereby appointed and set forth, instead of the Oaths of Allegiance, Abjuration, and Supremacy, and instead of the Declaration against Transubstantiation; and upon taking also such other Oath or Oaths as may now by law be required to be taken by any person or persons becoming a member or members of such lay body corporate, or being admitted to hold any office or place of trust or profit within the same.

Provided nevertheless, and be it further enacted, that nothing herein contained shall extend to authorise or empower any of his majesty's subjects professing the Roman Catholic religion, and being a member of any lay body corporate, to give any vote at, or in any manner to join in the election, presentation, or appointment of any person to any ecclesiastical benefice whatsoever, or any office or place belonging to or connected with the United Church of England or Ireland, or the Church of Scotland, being in the gift, patronage, or disposal of such lay corporate body. Provided also, and be it enacted, that nothing in this Act contained shall be construed to enable any person or persons otherwise than as they are now by law enabled, to hold, enjoy, or exercise any office, place, or dignity, of, in, or belonging to the United Church of England and Ireland, or the Church of Scotland, or any place or office whatever, of or belonging to any of the ecclesiastical courts of judicature of this realm, or any court of appeal from or review of the sentences of such court or courts, or of or belonging to any cathedral or collegiate or ecclesiastical establishment, or foundation within the same; or any office or place whatever, of or belonging to any of the Universities of this realm; or any office or place whatever, and by whatever name the same may be called, of, in, or belonging to any of the Colleges or Halls of the said Universities, or of the Colleges of Eton, Westminster, or Winchester, or any college or school of ecclesiastical foundation within this realm: or to repeal, abrogate, or in any manner to interfere with any local statute, ordinance, or rule, which is or shall be established by competent authority within any such University, College, Hall, or School, and by which Roman Catholics shall be prevented from being admitted thereto, or from residing or taking degrees therein: provided also, that nothing herein contained shall extend or be construed to extend, to enable any person professing the Roman Catholic religion, to exercise any right of presentation to any ecclesiastical benefice whatsoever; and that in every case in which a right of presentation is or shall be vested in a person professing the Roman Catholic religion, the same shall be and continue to be exercised in the same manner, and in no other, than is now by law required; save and except where such right of presentation shall belong to any office in the gift or appointment of His Majesty, his heirs or successors, in which case, if such office shall be held by a person professing the Roman Catholic religion, it shall be lawful for His Majesty, his heirs and successors, to appoint, by commission under the Great Seal, such member or members of the Privy Council, being a Protestant or Protestants, as he or they shall think fit, to be a Commissioner or Commissioners for exercising such right of presentation, whist such office shall be held by a person professing the Roman Catholic religion,

Provided also, and be it enacted, that it shall not be lawful for any person professing the Roman Catholic religion, directly orindirectly, to advise the Crown in the appointment to, or disposal of, any office or preferment, lay or ecclesiastical, in the United Church of England and Ireland, or of the Church of Scotland; and that if any such person shall presume to advise His Majesty, his heirs or successors, or the Cord Lieutenant or Lord Deputy, or other Chief Governor or Governors of Ireland, touching or concerning any such appointment or disposal, he shall, being thereof convicted by due course of law, be deemed guilty of a high misdemeanor, and disabled for ever from holding any office, civil or military, under the Crown.

And be it enacted, that every person professing the Roman Catholic religion, who shall after the commencement of this Act, be placed, elected, or chosen in or to the office of mayor, provost, alderman, recorder, bailiff, town Clerk, magistrate, councillor, or common-councilman, or in or to any office of magistracy or place, trust, or employment, relating to the government of any city, corporation, borough, burgh, or district within the united kingdom of Great Britain and Ireland, shall within One calendar month next before or upon his admission into any of the aforesaid offices or trusts, take and subscribe the oath hereinbefore appointed and set forth, in the presence of such person or persons respectively, as by the charters or usages of the said respective cities, corporations, burghs, boroughs, and districts, ought to administer the Oath for due execution of the said offices or places respectively, and in default of such, in the presence of Two Justices of the Peace, Councillors or Magistrates of the said cities, corporations, burghs, boroughs, and districts, if such there be, or otherwise in the presence of Two Justices of the Peace of the respective counties, ridings, divisions, or franchises, wherein the said cities, corporations, burghs, boroughs, and districts are, which said Oath shall either be entered in a book, roll, or other record, to be kept for that purpose, or shall be filed amongst the records of the city, corporation, burgh, borough or district.

And be it enacted, that every person professing the Roman Catholic religion, who shall after the commencement of this Act be appointed to any office or place of trust or profit under His Majesty, his heirs or successors, shall within Three calendar months next before such appointment, or otherwise shall before lie presumes to exercise or enjoy, or in any manner to act in such office or place, take and subscribe the Oath, hereinbefore appointed and set forth, either in His Majesty's High Court of Chancery, or in any of His Majesty's Courts of King's Bench, Common Pleas, or Exchequer, at Westminster or Dublin; or before any Judge of assize, or in any Court of General or Quarter Sessions of the Peace in Great Britain or Ireland, for the county or place where the person so making, taking, and subscribing the same shall reside, or in any of His Majesty's Courts of Session, Justiciary, Exchequer or Jury Court, or in any Sheriff or Stewart Court, or in any Burgh Court, or before the magistrates and councillors of any Royal Burgh in Scotland, betwen the hours of Nine in the morning and Four in the afternoon: and that the proper officer of such court in which such Oath shall be so made, taken and subscribed, shall cause the same to be preserved amongst the records of the said court; and such officer shall make, subscribe, and deliver a certificate of such Oath having been duly taken and subscribed, as often as the same shall be demanded, upon payment of the fee or sum of Two shillings and sixpence for the same, and such certificate shall be sufficient evidence of such person having duly taken and subscribed such Oath as aforesaid.

And be it enacted, that if any person professing the Roman Catholic religion, shall enter upon the exercise and enjoyment of any office or franchise, or any office or place of trust or profit, under His Majesty, not having in manner and at the time aforesaid, taken and subscribed the Oath hereinbefore appointed and set forth, then, and in every such ease, such person shall forfeit to His Majesty the sum of Two hundred pounds; and the appointment of such person to the office, franchise, or place so by him held, shall thereupon become altogether void, and the office, franchise, or place shall be deemed and taken to be vacant to all intents and purposes whatsoever.

Provided always, that for and notwithstanding any thing in this Act contained, the Oath hereinbefore appointed and set forth, shall be taken by the officers in His Majesty's Land and Sea Service, at the same times and in the same manner as the Oaths and Declarations now required by law are directed to be taken, and not otherwise.

And be it further enacted, that from and after the passing of this Act, no Oath or Oaths shall be tendered to, or required to be taken by, his Majesty's subjects professing the Roman Catholic religion, for enabling them to hold or enjoy any real or personal property, other than such as may by law be tendered to and required to be taken by his Majesty's other subjects; and that the said. Oath herein appointed and set forth, being taken and subscribed in any of the courts, or before any of the persons abovementioned, in respect whereof a certificate is directed to be delivered as aforesaid, shall be of the same force and effect, to all intents and purposes, as, and shall stand in the place of, all Oaths and Declarations required or prescribed by any law now in force for the relief of His Majesty's Roman Catholic subjects from any disabilities, incapacities, or penalties.

And whereas the Protestant Episcopal Church of England and Ireland, and the doctrine, discipline, and government thereof, and likewise the Protestant Presbyterian Church of Scotland, and the doctrine, discipline, and government thereof, are by the respective Acts of Union of England. and Scotland, and of Great Britain and Ireland, established permanently and inviolably.

And whereas the right and title of Archbishops to their respective provinces of Bishops to their sees, and 9f Deans to their deaneries, as well in England as in Ireland, have been settled and established by law; be it therefore enacted, that front and after the commencement of this Act, it shall not be lawful for any person, other than the person thereunto authorized by law, to assume or use the name, style, or title of? Archbishop of any province, Bishop of any bishoprick, or Dean of any deanery, in England or Ireland; and every person so offending shall for every such offence forfeit and pay the sum of One hundred pounds.

And he it further enacted, that from and after the commencement of this Act, it shall riot be lawful for any person holding any judicial or civil office, or any mayor, provost, jurat, bailiff or other corporate officer, to resort to or be present at any place or public meeting for religious worship, in England or in Ireland, other than that of the United Church of England and Ireland, or in Scotland, other than that of the Church of Scotland, as by law established, in the robe, gown, or other peculiar habit of his office, or attending with the ensign, or insignia, or any part thereof, of or belonging to such his office; and in case any such person shall, after the commencement of this Act, so offend, he shall, being thereof convicted by due course of law, forfeit such office, and pay the sum of One hundred pounds.

And be it further enacted, that from and after the commencement of this Act, it shall not be lawful for any Roman Catholic Ecclesiastic, or any members of the orders, communities, or societies hereinafter mentioned, to exercise any of the rites or ceremonies of the Roman Catholic religion, or wear the habits of his order, save within the usual places of worship of the Roman Catholic religion, or in private houses; and in case any such ecclesiastic or other person shall, after the commencement of this Act, so offend, he shall, being thereof convicted by due course of law, forfeit the sum of Fifty Pounds.

Provided always, and be it enacted, that nothing in this Act contained shall in any manner repeal, alter, or affect any provision of an Act made in the fifth year of His present Majesty's reign, entitled "An Act to repeal so much of an Act passed in the Ninth year of the reign of King William the Third, as relates to Burials in suppressed Monasteries, Abbeys, or Convents in Ireland, and to make further provision with respect to the Burial in Ireland of Persons dissenting from the Established Church."

And whereas Jesuits and members of other religious orders, communities, or societies, of the church of Rome, bound by monastic or religious vows, are resident within the United Kingdom; and it is expedient to make provision for the gradual suppression and final prohibition of the same therein; be it therefore enacted, that every Jesuit, and every member of any other religious order, community, or society of the church of Rome, bound by monastic or religious vows, who at the time of the commencement of this Act shall be within the United Kingdom, shall within Six calendar months after the commencement of this Act, deliver to the clerk of the peace of the county or place where such person shall reside, or his deputy, a notice or statement, in the form and containing the particulars set forth in the Schedule to this Act annexed: which notice or statement, such clerk of the peace, or his deputy, is hereby required to preserve and register amongst the records of such county or place, for which no fee shall be payable, and a copy of which said notice or statement shall be by such clerk of the peace, or his deputy, forthwith transmitted to the chief secretary of the Lord Lieutenant, or other Chief Governor or Governors of Ireland, if such person shall reside in Ireland, or if in Great Britain, to one of His Majesty's principal Secretaries of State: and in case any person shall offend in the premises, he shall forfeit and pay to His Majesty for every calendar month during which he shall remain in the United Kingdom without having delivered such notice or statement as is hereinbefore required, the sum of Fifty pounds.

And be it further enacted, that if any Jesuit or member of any such religious order, community, or society as aforesaid shall, after the commencement of this Act, come into this realm, such person shall be deemed and taken to be guilty of a misdemeanour, and being thereof lawfully convicted, shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life.

Provided always, and be it further enacted, that in case any natural-born subject of this realm, being at the time of the commencement of this Act a Jesuit, or other member of any such religious order, community, or society as aforesaid, shall, at the time of the commencement of this Act, be out of the realm, it shall be lawful for such person to return or to come into this realm, and upon such his return or coming into the realm, he is hereby required, within the space of Six months after his first returning or coming into the United Kingdom, to deliver such notice or statement to the clerk of the peace of the county or place where he shall reside, or his deputy, for the purpose of being so registered and transmitted as herein-before directed; and in case any such person shall neglect or refuse so to do, he shall for such offence forfeit and pay to His Majesty, for every calendar month during which he shall remain in the United Kingdom without having delivered such notice or statement, the sum of Fifty pounds.

And be it further enacted, that in case any Jesuit or member of any such religious order, community, or society, as aforesaid, shall after the commencement of this Act, within any part of the United Kingdom, admit any person to become a regular Ecclesiastic or brother or member of any such religious order, community, or society, or be aiding or consenting thereto, or shall administer or cause to he administered, or be aiding or assisting in the administering or taking any oath, vow, or engagement, purporting or intending to bind the person taking the same to the rules, ordinances or ceremonies of such religious order, community, or society, every person offending in the premises shall be deemed guilty of a misdemeanour, and in Scotland shall be punished by fine and imprisonment.

And be it further enacted, that in case any person shall, after the commencement of this Act, within any part of this United Kingdom, be admitted or become a Jesuit or brother or member of any other such religious order, community, or society as aforesaid, such person shall be deemed and taken to be guilty of a misdemeanour and being thereof lawfully convicted, shall be sentenced and ordered to be banished from the United Kingdom for the term of his natural life.

And be it further enacted, that in case any person sentenced and ordered to be banished under the provision of this Act, shall not depart from this United Kingdom within Thirty days after the pronouncing of such sentence and order as aforesaid, it shall and may be lawful to and for His Majesty to cause such person to be conveyed to such place out of the United Kingdom as His Majesty by and with the advice of his Privy Council shall direct.

And be it further enacted, that if any offender who shall be so sentenced and ordered by any such court as aforesaid, to be banished in manner aforesaid, shall, after the end of Three calendar months from the time such sentence and order bath been pronounced, be at large within any part of the United Kingdom without some lawful cause, every such offender being so at large as aforesaid, being thereof lawfully convicted, shall be transported to such place as shall be appointed by His Majesty; for the term of his natural life.

Provided always, and be it enacted, that nothing herein contained shall extend or be construed to extend in any manner to affect any religious order, community, or establishment consisting of Females bound by religious or monastic vows.

And he it further enacted, that all penalties imposed by this Act shall and maybe recovered as a debt due to His Majesty, by information to be filed in the name of His Majesty's Attorney-General in the Court of Exchequer in England and Ireland respectively, or in the name of His Majesty's Advocate-general in the Court of Exchequer in Scotland.

And be it further enacted, that this Act, or any part thereof, may be repealed, altered, or varied at any time within this present Session of Parliament.

And be it further enacted, that this Act shall commence and take effect on and from the day of next following.

Irish Election Qualification Bill:

As brought in by Mr. Secretary Peel.

A BILL TO AMEND CERTAIN ACTS OF THE PARLIAMENT OF IRELAND RELATIVE TO THE ELECTION OF MEMBERS TO SERVE IN PARLIAMENT, AND TO REGULATE THE QUALIFICATION OF PERSONS ENTITLED TO VOTE AT THE ELECTION OF KNIGHTS OF THE SHIRE IN IRELAND.

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

Whereas by an Act of the Parliament of Ireland, passed in the Thirty-third year of the reign of King Henry the Eighth, entitled "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, appointed, or holden, shall be chosen and elected by the greater number of the Inhabitants of the said Counties, Cities, and Towns, being present at the said election, by virtue of the King's Writs for that intent addressed, and also that every; elector of the said Knights shall dispend and have lands and tenements of estate of freehold within the said Counties, at the least, to the yearly value of Forty shillings over and above all charges:

And whereas by an Act passed in the Parliament of Ireland in the Thirty-fifth year of the reign of his late Majesty King George the Third, entitled "An Act for regulating the Election of members to serve in Parliament, and for repealing the several Acts therein mentioned," and by subsequent acts persons having freehold estates 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; he it therefore enacted by the King's most Excellent Majesty, by and with the advice 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 commencement of this Act, that part of the said Act of the Thirty-third year of King Henry the Eighth, hereinbefore recited, which relates to the amount or value of the freehold necessary to qualify persons to be electors of Knights of the Shire to serve in Parliament for counties in Ireland, shall be and the same is, hereby repealed.

And be it enacted, that from and after the commencement of this Act, no person shall be admitted to vote at any election of any Knight of the Shire to serve in the Parliament 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 hereditaments in such county, of the clear yearly value of Ten pounds, at the least, over and above all charges, outgoings, and incumbrance, except only Public or Parliamentary Taxes, County, Church, or Parish Cesses, or Rates, and Cesses on any Townland, Barony, or Division of any Parish or Barony.

And be it enacted, that from and after the commencement of this Act, no persons shall be admitted to vote at any election of a Knight of the Shire to serve in the Parliament of the United Kingdom for any county in Ireland, by virtue or in respect of any estate of Freehold of less annual 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 Lieutenant, or other Chief Governor or Governors of Ireland, shall appoint: and the Clerk of the Peace for each such county shall, Forty days at the least before the day so appointed for 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, for the purpose of registering Freeholds within this Act, will be holden on the days and at the places so appointed, and that applications for that purpose will be then and there taken into consideration.

And be it enacted, that every person intending to register a Freehold at any such Session, shall give to the Clerk of the Peace for the county, notice in writing of such intention Thirty clear 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 Schedule to this Act annexed, his name and residence, the description of the lands, tenements, hereditaments, or rent-charge, in respect of which such application is to be made, and whether he intends to register such Freehold at the annual 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 which 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 be pub, lished in some newspaper printed in such county, or in case no newspaper shall 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 severally 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 lie shall not claim by virtue of any deed, lease, or instrument, then such person shall otherwise establish his title to such Freehold, and such person shall also prove that a solvent and responsible tenant could 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 inspect and examine every deed, lease, or instrument so produced, 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 examine and inquire, as well by the oath of the person so claiming (which oath such Assistant Barrister is hereby empowered to administer) as by any evidence offered in support 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 also inquire by any of the means aforesaid into the truth of the several particulars required to be stated in the oath hereinafter prescribed to be taken for the registry of such Freehold: and also into the title of the person under whom such Freehold shall he claimed, if such Assistant Barrister shall see reason to doubt such title.

And be it enacted, that if it shall appear to such Assistant 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 register 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 affirmations now by law required in that behalf, take and subscribe 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 authorised to administer.

And be it enacted, that the clerk of the peace shall there upon, instead of the certificate of registry now by law required, deliver to the person so adjudged to be entitled (if he shall demand the same) a certificate, signed by such Assistant 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 sum 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 case of the loss or destruction of such original, and shall be evidence of the due registry of the Freehold therein-mentioned.

And be it enacted, that every such oath shall be read aloud in open court by the clerk of the peace, and shall be signed by the Assistant Barrister before whom the same shall be taken, and shall be by him delivered to the clerk of the peace to be filed and kept amongst the records of the county; and such Assistant Barrister is hereby required to take care that such oath shall be 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 so to register, either in consequence 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 annual value of the freehold claimed, or in consequence of any 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 such person to register such freehold, and shall in that case make an order adjudging such person not to be entitled to register such freehold; and where any such order shall be founded upon insufficiency of value within this act, such order shall state such insufficiency as the ground of such order, or otherwise 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 Freehold shall not be deemed duly registered within this act.

And be it enacted, that such order shall be without prejudice to any future application to register such Freehold, which the person claiming the same shall think fit to make at any subsequent General or Quarter Sessions of the Peace, as hereinafter authorised, provided such future application be made conformably to this Act.

Provided always, and be it enacted, that if any person against whose claim any such order shall be made on the ground of insufficiency of value, shall deem himself aggrieved thereby, it shall and may he 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 by such person is of the annual value within the meaning 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 Thirty-six properly qualified persons to serve on such jury, and the names of the persons so returned shall be written on separate pieces of paper by the clerk of the peace, and by him shaken together in a box, and the first Twelve persons whose names shall be drawn out by the clerk of the peace, and whose attendance can be obtained, and who shall not be disqualified, or on some just and reasonable cause excused from serving as jurors, shall be the jury to try as aforesaid, and shall take the oath prescribed by the Seventh Schedule to this Act annexed; and the Assistant Barrister and the jury so sworn shall proceed to try whether the Freehold so claimed is of the annual value within the meaning of this 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 register, and the Assistant Barrister shall consider such claim to be in other respects well founded, the order so complained of shall he thereby void and of none effect, and such proceedings shall be had, such oath shall be taken, such proceedings 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 other ground than insufficiency of value, shall consider himself aggrieved by such order, it shall and may be lawful for such person to appeal from such order to the Judge of Assize at the next Assizes for the county, who shall have power, on motion, to review such order, and either to affirm or reverse the same, as shall be fit; and in case such order shall on such appeal be reversed, the person so appealing shall be deemed to have registered such Freehold at the time when he originally 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 the 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 had been originally 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 county 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 same 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 hereinbefore provided clear days at the least before the day appointed for the holding of such General or Quarter Sessions in the division wherein such Freehold shall be situate; and the clerk of the peace shall in each case proceed in all respects in the same manner as hereinbefore prescribed with relation to applications for registering Freeholds at the first Session for that purpose hereby directed; and the Assistant Barrister of such county is hereby authorised and required to hear and determine such application at such General or Quarter Sessions, in the same manner in all respects as is hereinbefore provided withr espect to applications to register Freeholds at the Session for that purpose to be first holden under this Act; and thereupon the same proceedings shall and may he had, the like orders made, the like oaths taken, the like certificates granted, the like rights and powers of appeal enjoyed and exercised, and the like rules, regulations, enactments, matters and things observed performed and followed, as if such application had been made at the first session for registering freeholds directed to be held under this Act.

And be it enacted, that the sheriff of each county in Ireland or his under sheriff, and also the clerk of the peace for each such county or his deputy, shall and each of them is hereby required to attend at every Session for registering Freeholds to be holden in his county under this Act; and in case any sheriff or under-sheriff, clerk of the peace or his deputy, shall neglect or refuse so to do, he shall forfeit the sum of Fifty pounds, to be recovered in the manner directed by the said Act passed in the thirty-fifth 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, according 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 payment of any fee whatever for or in respect of any such new registry.

And be 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 hereinbefore excepted, the sum of One shilling and no more.

And be it enacted, that in every case where any Oath is by this Act required to be taken, every person being a Quaker or Moravian, shall and may make Affirmation in the form prescribed hereby for each such oath respectively; and that all 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 under this 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 liable to for wilful and corrupt perjury

And be it enacted, that if any person shall forge or counterfeit 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 signature of any person to any oath or affirmation, within this Act; or shall knowingly utter or publish as true and genuine any such forged or counterfeit certificate, instrument, writing, oath, or affirmation, every person so offending, shall be deemed guilty of Felony, and shall be liable, at the discretion of the Court before which he shall be tried, to be transported beyond the seas for the term of Seven years, or be imprisoned, with or without hard labour, for any term not exceeding Three years. And 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 he allowed by such Assistant Barrister, it shall and may be lawful for such Assistant Barrister 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 as the Assistant Barrister shall think fit, or in default thereof, to commit such person to the gaol of the county for any term not exceeding calendar months.

And be it enacted, that every person who shall duly register a Freehold within this Act at the first Session hereinbefore mentioned, shall be thereupon forthwith entitled to vote at any election to be held in and for the county for which such freehold shall be registered; and that any person who shall at any time after such first Session duly register a Freehold according to the provisions of this Act, shall be entitled to vote at any election to be held by virtue of any writ tested Six calendar months at the least after such registry; or in case such Freehold shall have come to such person by descent, settlement, devise or marriage, then at any election to be holden at any time after such registry.

And be it enacted, that it shall and may be lawful for any Freeholder who may be entitled by law to register a Freehold in any county in Ireland of the annual value of Fifty pounds, and who shall not before the passing of this Act have registered such Freehold, to register such Freehold either under this Act, or in any of the Superior Law Courts of Record in Dublin, in manner now bylaw authorized.

And be it enacted, that in case of any registry of a Freehold within this Act, the clerk of the peace for each county in Ireland. shall keep the like books, make the like returns, and discharge and execute all other the like duties, matters, and things, as he is now by law authorized, entitled, or required to do, with respect to the registry of Freeholds in such county, save so far as is otherwise ordained by this Act; and that all matters and things now by law authorized or required for the due registration of such Freeholds, shall be in all respects done, performed, observed, and fulfilled, and all provisions, penalties, rules, orders, regulations, and conditions, relating to the registration of such Freeholds, and contained in any Act or Acts now in force, shall be used, applied, and enforced with respect to, and shall be construed to extend to, all Freeholds to be registered under this Act, as if the same had been herein enacted, save so far as is hereby otherwise provided.

And be it enacted, that in the county of Dublin, all Freeholds to be registered under this Act shall be registered before the Chairman of the Sessions for that county, in the same manner, in all respects, as before the Assistant Barrister in any other county; and such Chairman shall have, exercise, perform, End discharge, every power, jurisdiction, right, authority, duty, and function hereby vested in or given to any such Assistant Barrister; and in any case where an appeal is hereby allowed from the order of an Assistant Barrister to the Judge of Assize, the like power of appeal from any order of such chairman, shall and may, in the case of any Freehold in the county of Dublin, be exercised and enjoyed, to any of His Majesty's Superior Law Courts of Record in Dublin; and the Court to which any such appeal shall be made, shall proceed with respect thereto in the same manner as any Judge of Assize is hereby authorized or required to proceed.

And be it enacted, that every enactment herein contained relative to any Assistant Barrister or Judge of Assize, shall in the county of Dublin respectively extend and apply to the Chairman of the Sessions of that county, and to His Majesty's Superior Law Courts of Record.

Provided always, and be it enacted, that nothing in this Act contained shall extend or be construed to extend, to alter or in any manner affect the qualification now by law required, to entitle any person to vote at any election by virtue of any rent-charge.

And be it enacted, that the expenses of printing the notices, and of the advertisements hereby directed, shall be defrayed by the Clerk of the Peace in each county respectively; and the Grand Jury of each such county, or the Term Grand Jury for the county of Dublin, as the case may be, shall and may, and they are hereby respectively required, at the next Assizes or presenting Term, after such notices and advertisements, to present, to be levied off their respective counties in the same manner as other sums are authorized to be presented by such Grand Juries, all such sums as shall have been necessarily disbursed by such clerks of the peace respectively, which sums shall be paid to such clerks of the peace.

And be it enacted, that when the Session herein directed to be first holden for the purpose of registering Freeholds, shall have terminated in any county, the Lord Lieutenant or other Chief Governor or Governors of Ireland, shall cause notice thereof to be inserted in the Dublin Gazette; and that in case of a vacancy in the representation of any such county in this present Parliament, before the publication of such notice of the termination of the session for such county, no writ shall issue forth for the holding of an election of a Knight of the Shire for such county, until after the publication of such notice.

Provided always, and be it enacted, that if after the commencement of this Act, and before the publication of such notice of the termination of the said first Session in any county in Ireland, any election shall take place in pursuance of any writ issued for the Election of Members to serve in any new Parliament for such county, every person who would have been entitled to vote at any such election, in case this Act had not been made, shall be entitled to vote at the election to be holden in pursuance of any such writ; any thing in this Act contained notwithstanding.

And be it enacted, that nothing in this Act contained shall be deemed or construed to authorize any person now by law disqualified from voting at any election, to vote at any such election.

And be it enacted, that this Act shall commence from and after the next. And be it further enacted, that this Act may be amended, altered, or repealed by any Act or Acts to be passed in this present Session of Parliament.

SCHEDULES referred to in this Act.

Schedule 1

Form of Notice of holding the first Session for registering Freeholds under this Act.

County of—Notice is hereby given, that a Session for the purpose of registering Freeholds in and for the said county, pursuant to an Act passed in the tenth year of the reign of King George the Fourth, will be holden on the day of next, at in the said county, before the Assistant Barrister, at which time and place, applications to register Freeholds will be taken into consideration.

Dated this day of G., Clerk of the Peace for the said county.

Schedule 2

Form of Notice to be given to the Clerk of the Peace, of applications to register Freeholds.

Take Notice, That it is my intention to apply to register a Freehold in the county of the particulars whereof are as follow:—

Schedule 3

List of Applications to be entered by the Clerk of the Peace.

Schedule 4

Oath of Freeholder registering a Freehold of the value of Fifty Pounds, [or, Twenty Pounds, as the case may be] not arising from a Rent-charge.

"I, A.B., of in the country of[or, of the town or city of] do swear, That I am a Freeholder of the county of and that I have a Freehold therein arising from a house [or, houses, lands, or both, or other hereditaments, as the case may be] of the clear yearly value of Fifty Pounds [or, Twenty Pounds, as the case may be] above all charges, outgoings and incumbrances, payable out of the same, lying and being at [naming the townland or townlands, and barony or baronies, half barony or half baronies, wherein the Freehold is situate] in the said county, and that a solvent and responsible tenant could afford to pay for the same, as an additional rent, fairly and without collusion, the annual sum of Fifty Pounds [or, Twenty Pounds, as the case may be], as I verily believe, over and above any rent which I am liable to pay for the same, and over and above all other charges and outgoings; and that the said Freehold does not arise from a rent-charge, and that the same arises by virtue of the deed, lease, or instrument, which I now produce [or, stating the tenure, as the case may be,] and that I have not accepted or procured the said Freehold fraudulently, nor in exchange for any Freehold in any other county, and that I do not hold the said Freehold by virtue of any lease, deed, or instrument, executed or made after the First day of July, one thousand eight hundred and twenty-three, to any person or persons, jointly, in common, or in partnership.

"So help me God."

Schedule 5

Oath to be taken by Rent Charger.

"I, A. B. of in the county of do swear, that I am a Freeholder in the county of and that I have a Freehold therein of the clear yearly value of Twenty Pounds 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 on 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 in the possession thereof to the clear amount of Twenty Pounds yearly, and am entitled to receive the same, as it becomes due, to and for my own sole use and benefit. So help me God."

Schedule 6

Oath of Freeholder registering a Freehold of the annual value of Ten Pounds.

"I. E. F., of in the county of do swear, That I am a Freeholder of the county of and that I have a Freehold therein, arising from a house [or houses, land, or both, or other hereditaments, as the case may be] of the clear yearly value of Ten Pounds, above all charges, outgoings, and incumbrances, payable out of the same, lying and being at [naming the townland or townlands, or other denomination by which the place is generally known, and the barony or half barony, or baronies wherein it is situate] in this county, and that a solvent and responsible tenant could, as I verily believe, afford to pay for the same, as an additional rent, fairly and without collusion, the annual sum of Ten Pounds, over and above all rent to which I am liable in respect thereof, and over and above all other charges, outgoings, and incumbrances, and that the said Freehold does not arise from a rent-charge, and that the same arises by virtue of the deed, lease, and instrument which I now produce, bearing date the day of in the year [or, otherwise, stating the nature of the title, as the case may be] and that I am in the actual occupation thereof by residing thereon, or by tilling or by grazing, [or, by both tilling and grazing, as the case may be; and where the Freehold is held under any deed, lease, or instrument, adding these words, and that the said Freehold is not let, or agreed to be let, to the person or persons who executed the said deed or instrument, or to the heirs or assigns of such person or persons, or to any one in trust for him, her, or them, nor do I intend to let the same or any part thereof to such person or persons or any of them, and that I have not agreed to let it for the term for which I hold it] and that I have not procured or accepted the said Freehold fraudulently, nor in exchange for a Freehold in any other county, and that I do not hold my said Freehold by virtue of any lease, deed, or other instrument, executed or made after the First day of July, one thousand eight hundred and twenty-three, to any person or persons jointly, in common or in partnership. So help me God"

Schedule 7

Oath of a Juror.

"You shall well and truly try whether the lands, tenements, or hereditaments, in respect of which C.D. claims to register a Freehold in the county of are or are not of the clear yearly value of Ten Pounds [or, Twenty Pounds, or, Fifty Pounds, as the case may be] over and above all charges, outgoings, and incumbrances, payable out of the same, and whether a solvent and responsible tenant could afford to pay for the same, fairly and without collusion, as an additional rent, the said annual sum, over and above all such charges, outgoings, and incumbrances, and over and above any rents to which the said C. D. is liable in respect of such Freehold, and a true Verdict give according to the evidence. So help you God."

On bringing up the report,