offending shall forfeit £100. for every such neglect of duty;' and if the clerk of the peace, or his sufficient deputy, shall neglect or omit to attend at such session of the peace, and then and there to do all acts now required of him by law for the registry of freeholders, such clerk of the peace shall forfeit £50; such penalties to be recovered by information in any court of record in Dublin, one moiety thereof to the king, and the other to him who shall sue for the same. P. 55. l. 37. The 51 Geo. 3. c. 1. U. K. provides (s. 25) Accepting of of 'fice of profit under prince re gent, or queen vacates seat. that if any person being a member of the house of commons, shall accept any office of profit from the crown, by the nomination and appointment of the prince regent, (in 51 Geo. 5.c. 1. the name and on behalf of his majesty) or of her majesty s. 25, U. K. the queen, during the continuance of the regency hereby established, the election of such member shall be void, and a new writ shall issue for a new election, as if such person had been appointed to such office by his majesty. continuing in lieutenants, &c. of Ireland, not to be vacated. 54 Geo. 3.c.16. P. 60. 1. 2. It is provided by the 54 Geo. 3. c. 16. U.K. Seats of persons which explains the 41 Geo. 3. c. 52. s. 5. that if any offices under person being a member of the house of commons, be- succeeding lord fore or after the passing of this act (6 December, 1813,) who shall have accepted of any office of profit, on the nomination or appointment, or by any other appointmentsub- U. K. ject to the approbation of any lord lieutenant, &c. or other chief governor of Ireland, shall have remained in, or shall remain in, or shall have accepted or re-accepted, or shall accept or re-accept the same office by the nomination or appointment, or by any appointment subject to the approbation of any successor to the lord lieutenant, &c. by whom such person was previously nominated, appointed, or approved, or re-appointed or continued, the seat of such person shall not thereupon become vacant, nor shall any writ issue for a new election. Provided (s. 2.) that nothing in this act shall extend to any person but such as To what persons shall have been or shall have continued and remained, or shall be, or shall continue and remain, in any such office, at the time of the decease, removal, or absence of the lord lieutenant, &c. of Ireland, by whom such person was nominated, &c. or re-appointed, &c. s. 2. this act shall extend. Commissioners of military ac s. 3. I. accounts. s. 4. I. Vice treasurer and commissioners of the P. 60. l. 27. The 52 Geo. 3. c. 51. I. which authocounts incapa- rizes the king to appoint 3 commissioners of military accitated to sit in counts in Ireland, provides (s. 3.) that no commissioner parliament. 52 Geo. 3. e.51. appointed by virtue of this act shall, during his continuance in office, be capable of being elected, or of sitting So also commis- as a member in the house of commons. And the 52 Geo.3. sioners of public c. 52. I. which authorizes the king to appoint 5 com52 Geo. 3.c.52. missioners for auditing the public accounts of Ireland, also provides (s. 4.) that no such commissioner shall, during his continuance in such office, be capable of being elected, or of sitting as a member of the house of commons. But the 56 Geo. 3. c. 98. U. K. which consolidates the revenues of Great Britain and Ireland, enacts (s. 16.) that the appointment of any person to be vice treasurer for Ireland, or to be a commissioner of his majesty's treasury of 56 Geo. 3.c.98. the united kingdom, shall not be deemed to be an appointment to a new office or place of profit under the crown; and any person so appointed vice treasurer or commissioner, &c. shall not be hereby disabled from sitting or voting as a member of the house of commons, nor be thereby rendered incapable of being elected a member of the house of commons. And by s. 17. the appointment of any perAppointment of a commissioner son, being one of the commissioners of the treasury of of the treasury Great Britain or Ireland, to be one of the commissioners of G. B. or I. to be one for U.K. of the treasury of the united kingdom, shall not make shall not vacate void the election of treasury may sit in parlia ment. s. 16. U. K. s. 17. his seat. such any person. Messenger of P. 67. 1. 2. For the more regular conveyance of writs great seal tocar- for the election of members to serve in parliament, the ry writs to sher iff's of London 53 Geo. 3. c. 89. U. K enacts, that when any new parliaand Middlesex, ment shall be summoned, as also in all cases of and all other vacancy writs to post during the present or any future parliament, the messenmaster general. ger or pursuivant of the great seal, or his deputy, shall, 53 Geo.3. c. 89. U. K. after the receipt thereof, forthwith carry such of said writs as shall be directed to the sheriffs of London, or sheriff of Middlesex, to the respective offices of such sheriffs, and all such other writs to the general post office in London, and there deliver the same to the postmasters general, or to such other person as the postmasters general shall depute to receive the same, (and which deputation they are hereby required to make) who, on receipt there of, thereupon. whom writs are of, shall give an acknowledgment in writing of such receipt to the messenger or his deputy, expressing the time of such delivery, and shall keep a duplicate of such acknowledgment, signed by the parties to whom and by whom the same shall be so delivered; and the said post- Duty of postmasters general, or their deputy, shall dispatch all such masters general writs, free from the charges of postage, by the first post or mail after the receipt thereof, under covers directed to the proper officers, to whom such writs shall be directed, and to no other person, accompanied with proper directions to the postmaster or deputy postmaster of the town or place, or nearest to the town or place where such officer shall hold his office, requiring such postmaster or his deputy, forthwith to carry such writs respectively to such office, and to deliver the same there to such officer, or to his deputy, who are hereby required to give such postmaster or his deputy a memorandum in writing, under their Duty of other hands, acknowledging the receipt of every such writ, and postmasters to setting forth the day and hour the same was so delivered, forwarded. which memorandum shall be also signed by such postmaster or his deputy, who are hereby required to transmit the same by the first or second post afterwards, to the said postmasters general or their deputies, at the general post office in London, who are hereby required to make an en- Registry kept at try thereof in a proper book for that purpose, and to file general post of-. and keep such memorandum along with the duplicate office. the said acknowledgments signed by the said messenger as aforesaid, that the same may be inspected or produced, upon all proper occasions, by any person interested in such elections. And by s. 2. the chancellor of the county palatine of Lancaster, the lord bishop of Durham, or Sheriffs, &c. his temporal chancellor of the county palatine of Dur-to postmasters ham, the chamberlain of the county palatine of Chester, general of place where they shall the warden of the cinque ports, the sheriffs and stewarts hold their offiof the several counties, cities and stewartries, and all other persons to whom such writs are usually directed, or their lieutenants or deputies, are required, within-one month after the passing of this act (2 July, 1813.) to send up to the said postmasters general an account of the city, town, s; 2. shall give notice ces. or 5. 3. don, &c. such notice sent to messenger of great seal. ·S. 4. or place where they shall hold their respective offices, specifying such particulars as shall ascertain the situation of such offices, and so from time to time, with all convenient speed, as often as the places for holding such offices shall be changed; and also an account of such general post town or place as shall be nearest to such offices respectively, in case such offices shall not be in any general post town or place; and the said postmasters general shall have lists made of such places, and cause them to be hung up and kept in some public place in the general post office. Provided (s. 3.) that where such sheriff or other person Where sheriffs, shall hold his office within the cities of London or West&c. hold office in or near Lon- minster, or borough of Southwark, or within 5 miles thereof, such sheriff or officer shall send such account of the place where he shall hold such office, to the messenger of the great seal, instead of the postmaster general; and the said messenger, or his deputy, shall carry all such writs to such office, in like manner as is directed in the case of the sheriffs of London and Middlesex. By s. 4. the allowances made to the messenger of the great scal, under the head of mileage, for the conveyance of such writs, shall cease after the death of the present messenger, save an al-lowance of two guineas on each writ for the election of a member to serve in parliament on any vacancy, and of the sum of £50 on the calling of a new parliament; which allowances shall be paid to future messengers from the transfer office, in like manner as the present allowances for mileage are paid. And by s. 5. all other fees for the conAll other fees of veyance and upon the delivery of writs for the election of members of parliament shall cease, and neither the messenger nor his deputy, nor any other person, shall receive any such*. By s. 6. every person concerned in the transmitting or delivery of any such writ, who shall wilfully neglect or delay to deliver or transmit any such writ, or accept any fee, or do any other matter in violation of this act, shall be guilty of a misdemeanor, and may, upon any conviction by indictment or information in the court Fees allowed to present and fu ture messengers of g eat seal. cease. s. 5. S..6. Neglecting, or delaying to de liver writ, how punished. * An annuity of £520, is hereby provided for the present messenger, lieu of such fees. of in How in Scot of king's bench, be fined and imprisoned at the discretion election with cerving it, and tion to be made, tion on some than 10th nor 57 Geo..c.131. S. 1. P. 75, l. 15. to P. 80. 1. 2. The time and mode of hold- Sheriff to ining elections in Ireland as regulated by the 35 Geo, 3. dorse the writ of c.29.Ir. and 37 Geo. 3.c.47. Ir. is altered by the 57 Geo.3. the date of rec. 131. I. which enacts, (s. 3.) that immediately after in 2 days after the receipt of the writ for the election of a knight to serve cause proclama in parliament for any county in Ireland, the sheriff of and affix notice such county shall indorse on the back thereof the date of of holding elecreceiving the same; and, within 2 days after the receipt day not sooner thereof, cause proclamation to be made at the place where later than 16th the ensuing election ought by law to be holden, and cause after. to be affixed on the door of the county court-house public s. 3. I. notice thereof, signed by himself, of a special county court to be there holden for such election only, on any day, (Sunday excepted,) not later from the day of making such proclamation, and affixing such notice, than the 16th day, nor sooner than the 10th day. And by s. 1. every poll which shall be demanded at any election for a Poll to commember or members to serve in parliament for any county, day when decity, borough, or place in Ireland, shall commence upon manded, or the day on which the same shall be demanded, or upon it be Sunday, the next day at farthest, (unless it be a Sunday, Christmas &c. day, or Good Friday, and then on the day next after,) and shall be duly proceeded in from day to day, (Sundays, Christmas day, and Good Friday always excepted) until the same be finished; but so as that no poll at any election held by virtue of a writ, shall continue longer than the Poll not to con40th day at furthest after the test thereof; and if by virtue tinue longer of such writ the election shall be held by precept, no poll after test of at such election shall continue longer than the 30th day at writ; or 50th farthest after the date thereof; and if such polls shall con- tion held by tinue respectively until such 40th or 30th day, then the close at 5 same shall be finally closed at or before the hour of three o'clock of said in the afternoon of the same day; and the returning officer Returning offishall immediately, or on the day next after the final close cer when to de mence on the next day, except than 40th day day where elec precept, and to day clare the name of of the person |