PRACTICAL ABRIDGMENT OF ELECTION LAW ; FROM 77/7: ISSUING OF THE WRIT TO T//£ RETURN \D\PTED PARTICULARLY TO THE USE OF RETURNING OFFIl ERS, CANDIDATES, AND ELECTORS, IN THE RESPECTIVE PROCEEDINGS FOR COU NTIES, CITIES BEING COUNTIES, AND BOROUGHS., '. JOHN DISNEY, OF THE INNER TEMPLE, ESQ BARRISTER AT LAW. LGSDON: J'nntc.i for W. Clarke and Sons, Law Book>«jllm, POUTtG VL-STREET, LINCOLN'S-INN, PREFACE. X HE Editor is more inclined to give ari account of the plan upon winch this short abridgment is formed, than to enter into unnecessary apology or excuse, for under- > taking it : the leading principle upon which he ■ has gone, having been a wish to furnish a useful compendium of election law, as far as it extends, founded upon the authority of reports and treatises of established credit, flic whole work is divided into three prim r cipal parts: viz. as the law affects elections Counties , Cities, &c, being Counties : and » i> YV? a PREFACE. l'ovvns and Roroughs : each of those is sub- divided into three chapters; " Proceedings ■' previous to the election :" 41 Proceedings • at the election :" ;t Proceedings after the * election." In the first three chapters, are comprehended every thing' which can rake place, from the issuing of a writ for electing a county member, till his return be sent into the Crown Office : In the next three chapters all things whie h relate to the electing of a member for a eit\ being a coun- ty, :u\d which differ from the election of a county member, are \u>d down in the same routine; but wherever the proceedings are the same as in count us. reference is made to iln former < hapters. The three last chapters contain all that respects elections tor bo- •m.;!is, s.p«;< ii\ • ug what is peculiar r.o e; m in the same manner as before done in '•ouuti'. s ;.otd cities; and where the pro- v ediiKj^ -,r;r similar, referring back to tin , ; . ieee- m '- ■';''.: 'ti ;l ribu t n ;ii ■ !i cat is lie" PREFACE. VII form ; and the subdivisions correspond exact- ly with each other. From this statement it will be seen that any point maybe found with the greatest readiness ; as, for instance, all questions concerning freeholds^ will be dis- cussed in elections for a county: so, all questions of burgage will be found in the election for a borough ; but, wherever the right of voting for a borough includes a free- hold, the necessary qualities of such an estate will be found in the section on Voters for Counties: and any thing peculiar to a. freehold vote in a borough, is stated in the section appropriated for voters in boroughs*. This may serve to shew the general plan o< the work, which will appear more clearly from the analytical table of contents whir! is intended to be so constructed as to answer the purpose of an index. It has been the Editor's object studiously to avoid giving any tiling upon his owit authority ; and he has chosen ratiu-r to tak»-" Vlll PREFACE. the words of his author, even though they may,at first, seem unconnected with the prior sentence, than risk a misconception of his own. In some instances however he has been obliged to vary the phrase, in order that it may stand by itself; for it is impossible in every instance to take a sentence out of a pa- ragraph in a regular treatise, and place it by itself as a substantive dictum. But in all cases the references have been scrupulously preserved that the reader may form his own judgment. It is difficult in many instances, to find what the grounds were upon which select committees have founded their resolutions, and wherever this has beenthecase, suehreso- lutions have been omitted ; such, for instance, where a petition has been presented against a sitting member as being a placeman, and the committee have resolved generally " that " the sitting member is duly elected," the PREFACE. IX resolution is not noticed ; but when the committee have determined that Mr. A. B. being, cSt. is not " as such disqualified, but *' was duly elected,''' the resolution is put downv erbatim, because it affords a general rule for the future. It has been a principal object to select such resolutions only as give general rules, or such particular cases of voters, or others, as furnish matter from whence a general rule may be drawn : to have adopted every case in the books, where minute differences of cir- cumstances occur, would only have render- ed this manual complex and cumbersome. The design has been to give to the public a concise compilation, not an elaborate treatise ; but merely that which would fur- nish the counsel, agent, or candidate with sufficient information to enable him to do his dutv to his client or himself durinsr the hurry and confusion of a poll. X PREFACE. This woi'k, like most others, lie tears v. ill. after all, be deficient in many things ; but he hopes still enough will be found in it to satisfy the partiality of those who originally suggested the undertaking. It will be necessary, however, to state further, that wherever a statute is quoted, the substance and not the words are given, there being references added to each statute where the section may be found, in an edi- tion of the Election Acts, published in 1811, by the same editor. The references to these statutes have been made by inserting the editor's name at length, in order that those who may make use of such reference may find them in a uniform volume, or in their place among the statutes at large. e The editor, aware that books of more re- search than this can be, are wanted, when the validity of a return is to be tried by a committee of the House of Commons, has PREFACE. Xi confined himself entirely to proceedings up to the making; of the return; and shall feel himself quite satisfied if he has deserved the humble praise of having done what may prove useful to those concerned in this branch of the law. JOHN DISNEY. J AH(ohis-In7i- Fields, January, 1812, A P RA C TIC A L A BRIDGME N T or ELECTION LAW CHAPTER I Proceedings previous to a County Election Sect. i. — Issuing- of the Writ. J. Y/V'HHN the crown has determined to ('all a parliament, a warrant or hill issues, signed by the king-, and addressed to the lord chancellor, or keeper of the great seal, directing him, upon the receipt thereof, tL to cause such, '" and so many icrits to be made and sealed under the threat seal, as lias been used and accustomed. ," \ pen this authority the writs are made out and issued. Simeon, 142. L 2. They are directed respectively to the she- riffs of counties ; the chancellor of the duchy of Lancaster ; the bishop of the county palatine of Durham, or his temporal chancellor; the chamberlain of the county palatine of Chcst lieutenant or deputy; the lord warden oi a 2 COUNTY ELECTIONS. [cHAF. I, the Cinque Ports, or his deputy. Heijw. Bo- roughs, $7. 3. When any new parliament shall at any time hereafter be summoned or called, there shall be forty days between the teste and re- turns of the writs of summons. 7 & S W. 3. r. 2,5. s. 1. Disney s El. Stat. 10. 4. But issuing' the writ by the chancellor, is only upon the first summons of the parliament ; for when the parliament are sitting, so jealous is it of its privileges that it take::, the power of issuing the warrant for the writ into its own hands. Simeon, 143. o. During a recess, whether by prorogation or adjournment, the speaker is to issue a war- rant to the clerk of the crown, to make a new- writ for a new election in the room of any mem- ber who may die or become a peer, either dur- ing the recess or previous thereto. 24 Geo. 3. c. 26. s. 2. Disnet/s EL Stat. 267. 6. In the execution of the king's commands, thus notified to him under the great seal, the sheriiTacts but as a ministerial officer : he is not to judge of the legality or illegality of the writ ; the great seal is a sufficient warrant, and obliges him to the execution of it : " nor is he " liable to be questioned for the same, although " the writhe not according to law, whereof he ' 4 is not the judge." Jlei/w. Counties, 4, ''HAP. I.] COUNTY ELECTION'S. $ To ichom delivered. 7. The several writs shall be delivered to the ■proper officer to whom the execution thereof doth belong and appertain, and to no other per- son whatsoever. 7 & S W. 3. c. 25. s. 1. Disney's EL Stat. 10. 8. Where the writ was delivered to the can- didate himself, the party delivering it was com- mitted by the house. Simeon, \-\5-6. 9. As the messenger of the great seal is re- sponsible lor the due delivery of the writ, any one may have the carriage of it to whom he chuses to entrust it. Simeon, 14j. Ifeyw. Boroughs, 93. 10. But the only restriction laid upon him by the House 1 of Commons, in the choice of a deputy, seems to have been, that he shall not transmit by a candidate. Htyw. Boroughs, 93. 11. 11th Feb. 1772. the House of Commons resolved, that V. Al. esq. (who had been a can- didate at the last election, but is not stated to have been one in the journals.) havin - taken the writ from the messenger, who was sent down to deliver the same to the sheriff, and having delayed the delivery thereof lor fifteen days, is thereby guilty of a violation of the law, and a broach of the privilege of this house. Heyic. Boroughs, 99, 10 b A, COUNTY ELECTIONS. [dlAP. I. To be endorsed. 12. And every such officer, (i.e. he to whom the execution of the writ doth belong,) upon the receipt of the same writ, shall, upon the back thereof, endorse the day he received the same. 7 & 3 W. 3. c. 25. s. 1. Disney a EL Stat. 10. Sect. ii. — Notice of Election. 1. All notices of the tune and place otany election for members to serve in parliament, shall be publicly given at the usual place or places, between eight o'clock in the forenoon, and four o'clock in the afternoon, from 25th October to 25th. March inclusive: and between eight o'clock in the forenoon and six o'clock in the afternoon, from 2.5th March to 2.5th Oc- tober, inclusive. 3J Geo. 3. c. (it. 5. 1. Dis- ney's FJ. Stat. 166. 2. If this statute be not observed, the elec- tion is void. Simeon. Adden. xvii. 3. The sheriff where the election is to be, must hold his county court for the election, at the most usual place, of election where it has been held for forty years past. And shall there hold the election, unless a usual county court be to be held in six days after the receipt of the C'tl A P. T.] COUNTY r.LFfTIONS, writ. 7 & 8 W. 3. c. 2.5. s. 'J. Disney's EL Stat. }]. 12 •1. The election was held at Pembroke, though Haver for die est was the most usual place. Mr. Owen being returned, some of the free- holders in the opposite interest petitioned, on the ground that the election had been held at the wrong place, contrary to the statute : but the ordinary sheriff's court having been ap- pointed at Pembroke, previous to the receipt of the writ by the sheriff", and the writ having been received more than six days before the day when the court was fixed to be held ; it was contended, that in those circumstances the sheriff was bound, by another provision of the same statute, to hold the election at that court ; and therefore could not comply with the other requisition of the statute : and the sitting mem- ber (Mr. Owen) was declared duly elected. Ileyw. Count. 228, 231. :'). A want of notice cannot be cured by con- sent of the candidates, to take a poll without. Simeon, ! ,53- 6. Though tins is said by Mr. Simeon, with reference to boroughs, yet the principle may equally apply to counties. ILet. 7. But in the county of Hampshire, he may adjourn from Winchester to Newport, in the Isle of Wight, at the request of one of the candidates 7 & 8 W. J. e. 2J..«. 10. Disney's El. Stat. 10, s. And so essential is the place oi election 6 COUNTY ELECTIONS. [CHAP. i. prescribed by the statute, that when any parti- cular circumstance requires a variation, the legislature itself must interpose to authorize it. Therefore during- the last war there being prisoners stationed at Winchester, who required a guard ; and the soldiery being, by other sta- tutes, ordered to be removed during the elec- tion, it was enacted that the election should be held at New Alresford, and not at Winchester. Simeon, 148. 9. The sheriff within two days after the re- ceipt of the writ, is to proclaim at the place where such election is to be by law held, a spe- cial county court for holding the election only, on any day, (except a Sunday,) not later from , the day of proclamation than the sixteenth, nor sooner than the tenth. 25 Geo. 3. c, 84. £. 4. Disney's El. Stat. 1.52. 10. This statute has made the election of knights of the shire no longer to depend upon the time when the next county court would be held in regular course : but requires the sheriff to call a special county court expressly for this purpose only. Heyw. Counties, 10. 11. The committee did not consider the omission of any form prescribed by a directory act of the 25th of his present majesty, as suffi- cient to make the election void. 1 Pcckw. 507- CHAP. I.] COUNTY ELECTIONS, Sect. Hi. — Erecting Booths, 1. If a contest be expected, and there are several candidates, the sheriff may, at the ex- pence of the candidates, erect such number of booths as the candidates, or any of them, shall, three dai/s at least before the commencement of the poll, desire, so as they do not exceed the number of rapes, lathes, wapentakes, wards, or hundreds in the county; nor are they to exceed fifteen in number. 18 Geo. 2. c. 13. s.7. Dis- ney's El. Stat. 83. 2. The name of each rape, &c. must be put up on every booth. Ibid. 3. The sheriff must make out lists of ever)' town, village, parish, and hamlet, being wholly or in part in the rape, hundred, &c. for which the booth is allotted ; and must furnish copies of such lists to candidates or agents, at two shilling's each. Ibid. 4. If none of the candidates require any booths or places for taking the poll to be erected, three davs at hast before the commencement of the poll, as directed by the IS Geo. 2. c. 18 ; or if no candidates are declared previous to the elec- tion, but a contest comes upon the sheriff by surprize, when the freeholders are met to make their choice, the sheriff is not empowered to erect any booths or polling places at theexpence oi the candidates : but must take the poll in 8 COUNTY ELECTIONS. [CHAP. I, some open or public place, and pursue the regu- lations of the 7th and 8th Will. 3. c. lo, exactly as if the 28th Geo. 2. had never passed ; except that by the ninth section, he must allow a check book for every poll book, as where booths have been regularly erected. Heijw. Counties, 169- 5. A candidate at an election for members of parliament is liable to no expence except such as the statute law casts upon him, or he takes upon himself by his express or implied consent. By Lord Ellenborough, 1 Campbell's Rep. 223, 6. Whether the candidate had taken upon himself the character of candidate, appears to be matter for a jury to determine, as Lord Ellen- borough left it to them to find as a question of fact, in the above case. 1 Campbell's Rep. 225- I. HAP. II.] COUNTY ELECTION'S, CHAPTER II. Proceedings at a County Election. Sect. 1. — Heading the Writ and Statute. 1. ^TIJ I', freeholders being assembled, the sheriff is by 7 Hen. \. c. \5. [Disnnfs EL Stat. 1 ( H.) to begin the election by making proclamation, in lull county, of the day and pi. ice of the meeting of parliament; which is usually done by making proclamation for si- lence, and then reading the king's writ. Hcyw. (.'■ountifs, 232. 2. Immediately after the reading the writ, the bribery act, (2 Geo. 2. c. 21.) shall be openly read before the electors there assembled. 2 Gto. 2. c. 21. s. 9- Disneus El. Stat. 60. Sect. ii. — Oaths to Sheriff. 1. The sheriff must immediately after read- ing the writ take the following oath ; which any justice or justices of the peace of the said county, or in his absence thur electors are re- quired to administer. 10 COUNTY ELECTIONS. [CHAP. II. " T, A. B. do solemnly swear, that I have " not, directly or indirectly, received any " sum or sums of money, office, place or em- " ployment, gratuity or reward, or any bond, ;c bill or note, or any promise cr gratuity " whatsoever, either by myself or any other " person to my use, or benefit, or advantage, " for making any return at the present election " of members to serve in parliament ; and that " 1 will return such person or persons as shall " to the best of my judgment appear to me to " have the majority of legal votes** 2Gco.^. c. 24. s. 3. Disney s El. Stat. 57. 2. In the Middlesex case (2 Peck. 13.) it was contended that from the word "judgment" used in this statute, the sheriff is a. judicial officer; but the better opinion (Ileyw. Comi- ties, 309, 322.) is that he is only ministerial . But he is, at all events, judge of the voter's credibility, lid. 3. There is an inaccuracy in penning this act (2 Geo. 2. c. 24.) ; for the sheriff, in one part, (. 214 and 25S. •t. hi an action for the expenres of an elec- tion, it is a question for the jury, whether the party ever adopted the character of candidate. Morris v. Burdctt, 1 Campb. Rep. 290. :). Evjry elector may vote for whom he pleases to be his representative, whether he he a candidate or not. 3 Luders. 1'). argu. 12 COUNTY ELECTIONS, [CHAP, II. Qualification. 6. Candidate for a county must be seised of or entitled to an estate freehold or copyhold in land for life or greater estate to his own use, in England, Wales, or Berwick upon Tweed, of 6001. a year, above what will satisfy all incum- brances affecting the same. 9 Ann, c. 5. s. 1. Disney's EL Stat. 29. 7. The qualification may be in Ireland. 41 Geo. 3. c. 101. 5. 23. 8. The act not to extend to the eldest son or heir apparent to a peer of parliament, or per- son qualified to be a knight of the shire. 9 Ami, c. 5. s. 2. Disney s Ed. Stat. 29. 9. A mortgage is not a qualification, unless the mortgagee has been in possession seven years before the time of his election. Same stat. s. 4. Disney's EL Stat. 30. 10. That every person who appears tis a candidate, or be proposed to be elected, must (if required at the election, or before the day fixed in the writ of summons, by any other candidate, or any two persons having a right to vote at such election,) take the oath prescribed in the act, 9 Ann. c. 5. s. 5. Disney's EL Stat. 30. 11. The sheriff or under-sheriff may admi- nister it, and must certify it into K. 13. or Chancery. 9 Ann. c. 5. s. 7. Disney s EL Stat. 31. CHAP. II.] COUNTY ELECTIONS. 13 1*2. in one case, the House of Commons resolved that the candidate having refused to Ci!:* 1 the oaths as directed by the statute of Anne, though duly required so to do, and not having, at any turn before the meeting of par- liament taken the said oath, his election is thereby void. Hei/ic. Counties, 36$. 13. Alter the candidate has refused to take the oath, the notoriety of such refusal may probably operate as sufficient notice to the electors of his disqualification ; and conse- quently the votes given for him be thrown away, and the candidate next upon the poll be declared duly elected by the committee. But the sheriil (according to the case just cited) could not Without danger to himself, re- ject the votes of those electors who chuse to poll for him; or refuse to return him, in case he has the majority. JJei/w. Count. 368. 14. Counsel for pen*, oners admitted, that no notice was declared to the electors, at the election in question, of Mr. Hobart'* being disqualified and ineligible; or that these votes for him would thereby become nugatory and be thrown away. 3 Ludtrs, 461, ari.ni. \5. In the Bristol case, objection was taken, that the qualification of Mr. Cruger, who was elected, was executed during the poll ; but the objection was over-ruled, and Mr. Cruger > election was confirmed. Simeon, .51. 16. The House of Commons has been very I4< COUNTY ELECTIONS. [ciIAP. II. jealous of trusting returning officers with the power of judging- of the ability or the dis- ability of candidates. In this respect they have been held to act merely ministerially, in computing the number of votes, and returning the persons, whether disqualified or not, who have had the majority. Heyw. Counties, 355, 17'. Mr. N. J. delivered in a rent-charge as a qualification]-, the committee determined he was not qualified, according to the statute A?me. But no objection was taken to the rent-charge as such ; but the qualification was bad; because the person from whom N.J. claimed, had no title to grant it. 1 Peck. 94. 99. Personal Disqualifications. IS. Candidate guilty of treating, cannot serve in parliament. 7 W, 3. c. 4. s. 2. Disney's El. Stat. 6. 19. Persons holding places created since 170o, commissioners of prize, or sub-commis- sioners ; or controulers of army accounts ; or commissioners of transports, or sick and wounded ; or army agents ; commissioners of wine licences ; or governor, or deputy gover- nor of plantations ; or commissioner of navy in the out-ports ; or any pensioner of the crown, during pleasure, are incapable of being elected. 6 Anne, c. 7- s. 2.3. Disney's El. Stat. c 25. CHAP. II.] COUNTY ELECTIONS. 16 20. Pensioners of the crown for years are in- capable of being 1 elected or chosen members, ] Geo. 1. c. M). s. 1. Disney's Fl. Stat. 4,5. 21. Commissioners, farmers of, or persons concerned in farming, managing, or collecting customs, are incapable of sitting, voting, or act- ing as members. 12 ,V U W. 3. c. \0.s. 1 tV 2. Disney s Ft. St (it. IS. 2 A Sir R. A. was collector for life by patent of the great and petty customs in the port of Yarmouth, at the time of election : he surrender- ed on the 7th a February: the surrender was enrolled on the 8th, and lie took his seat on the 9th ; having first submitted bis case to the bouse, who !'■■'.!,' J :. itld be admitted to take ins sent. Su. ■ a:-, -i ',) 2;' No < -■■•■■".:i- ion-, r of customs, excise, or stamp-, ov persons com i-'rncd in farming or ma- nas'i \]\i an ' duties or .ii .'s ; No: issioii'-r of appeals, or controul of the said dutie ' ; >r commissioner of impress accounts ; Nor any ; ■(.■;• tit tor any regiment; Nov any partv to any contract, or commis- sion from tlii' Irish treasury ; or any other per- son, on account of the public service ; NOr an - - clerk or deputy of the high treasurer ■ •;■ commi >i< aiers of treasury, or of the auditors or tellers oi' the exchequer, or of commissioners jf stamps or appeals : Nor any person holding any *' oiher o< fslat < l6 COUNTY ELECTIONS. [CHAP. II. " of pro/it" under the lord lieutenant, or lord justices, created since 33 Geo. 3. shall be capa- ble of being elected or chosen. 4 1 Geo, ;j. c. 32. - Exceptions : — Commissioners of the treasury and their se- cretary. The auditor-general of the exchequer. Members of any incorporated trading com- panies, now (1801) existing in Ireland, so far as the contract is entered into in their corpo- rate capacity. The secretary of the treasury. The secretary of the chancellor of the ex- chequer. 41 Geo. 3. c. 52. s. 4. Disney's EL Stat. 178, 180. 24. Persons concerned in collecting, manag- ing, or farming the duties of excise, not ca- pable of sittings voting, or acting as a member. 11 Sf 12 W. 3. c. 2. s, 151. Disney's El. Stat. 19. 25. Deputies, or clerks, of lord high trea- surer ; Of the auditor, or tellers of the exchequer . Of the chancellor of the exchequer ; Of the lord high admiral ; Of the commissioners of the admiralty ; Of the paymaster of the army or navy ; Of the secretaries of state ; Of the commissioners of salt, stamps, appeals, wine licences, hackney coaches, and hawkers a::d pedlars : •"HAP. [l.j L'OL'NIV ftl.F.C 1IONS. i> The officers in Minorca or Gibraltar. ^ex- cept commissioned officers in raiments.) can- not be elected. l'> Gio. 2. c, 22. .v. 1. Disney's El. Stat. 74. 2o\ Except treasurer or controile r of th-j navy, the secretary of the treasury, the -secretary of the chancellor of the exchequer, secretaries to the admiralty, under-secretary to any of the prin- cipal secretaries of state, deputy-paymaster ot the army, or person having - offices for life, or during good behaviour. 15 C*co. 2. r. 22. s. 5. Disney s EL Stat. 75. 27- No person shall be capable of being elect- ed a member to serve in parliament, who is nol of the age of twenty-one 1 years. 7 Sc S W. J, c. 25. s. S. Disney s El. Stat. \5 2b. Public proof was given, tit the nomina- tion and election, that the candidate was under age; the sheriff returned him, he ha^intr tin majority. The committee resolved, that his election and return were vexatious. 1 Pc.ckw. 5 27. 29. li That it is the opinion of the committee that Andrew Stuart, Esq. by the instrument oi resignation executed at Edinburgh on the 18th of October, 177k and delivered to Mr. Co opi i on the 9.3th of the same month, was, at tin- timeof his election, divested of the office of king's remembrancer in the Court of Exchequer. in Scot/and." 2 Doug. 383. 30. " That the Hon Johv Maitland \\ :■ 1& COUNTY ELECTIONS. [CHAP. II. eligible to serve in parliament, notwithstand- ing his being in possession of the office of clerk of the pipe, in the Exchequer of Scotland, at the time of his election. " 2 Doug. 450. 31. The judges, also, are ineligible to the House of Commons. Simeon, 29. 32. But the Master of the Rolls is eligible. Simeon, 29. 33. No person can be naturalized without an act of parliament ; and no such bill can pass unless it contain a clause to disenable him to sit in parliament. 1 Geo. 1. stat. 2. c. 4. s. 2. 34. Aliens are ineligible. Simeon, 26, 35. Even though they are made denizens ; which gives them, in most other respects, the rights of subjects from the date of the patent of denization : yet such grant docs not make them eligible to parliament. Simeon, 26. 36. Persons deaf and dumb, are said to be ineligible ; and ideots and madmen seem to be clearly so, as having no judgment, and there- fore incapable of executing the trust. Si- meon, 26. 37. But persons totally blind, have, in many instances, sat in parliament. Ed. 38. Persons attainted of treason or felony, being dead, in law, are ineligible. Simeon, 27. 39. It was. upon debate, finally resolved and ordered by the house, that Mr. Huddleston> (who was outlawed in twenty outlawries, p. 124.) was a person eligible, and well returned ; f.'HAP. II.] COUNTY ELECTIONS. \9 and that the same election, and return, should stand and continue in force. Glanville, 127. 40. Outlawry in civil suits does not render the persons outlawed ineligible. Simeon, 27- 41. Sir Bulstrod Wkitlocke, indeed, speaks without distinction of persons attainted of trea- son and felony, and outlaws as ineligible ; but \l must be presumed, he means only outlaws in criminal suits. Suncon, 2S. 42. Resolved, that a man who has been con- victed of a libel may sit in the House of Com- mons ; and that such a man, though expelled for a libel by one parliament, and declared in- eligible, may yet sit in another. 1 Peckw. 3:37. 43. Popish recusants were, after the refor- mation, frequently resolved to be incapable of a scut. And every person chosen, before he takes his seat must take the oaths of supremacy, allegiance and abjuration, and subscribe the declaration against popery. 30 Car. 2. stat. ■j c. 1.5.2, 3. Disney s El. Stat. 218. 44. Prisoners in execution for debt, have in one instance been declared ineligible. Simeon, 33. 4.3. Persons abroad. A candidate in the East. Indies, at the time of election, has in one instance, been declared ineligible by the house. And the resolution alluded to, seems against the letter of the w rit; and probably before a com- mittee would, at this day, have but little weight. Simeon, 34. ! ■ i Xo person having been ordained priest or c 2 20 COUNTY ELECTIONS. [CHAP.II, deacon, or being a minister of the church of Scotland, is capable of being elected. 4 1 Geo. 3. C. 63. s. I. Disney s El. Stat. 183. 47- Every person giving, or promising gifts, or bribing, " is disabled and incapacitated upon 44 such election to serve in parliament." 7 W. S, e. A-.s. 2. Disney's FA. Slat. 6. 48. The history of the case of Sir Edward Coke is well known. He together with Sir Thomas Wentworth, Sir Francis Seymour, Sir Robert Philips, Sir Gwy Palmer, Mr. Edward Alford, and Sir William Fleetwood, being able and distinguished opposersof the arbitrary at- tempts of the crown, were appointed sheriffs* with the express intention of disqualifying them from being chosen to parliament. 4 Doug. 102. 49- Mr. Justice Blackstone says, 44 that she* tc riffs, mayors and bailiffs are not eligible in 54 their respective jurisdictions, being returning '•' officers." 1 Doug. 439- 50. The returning officer is himself ineli- gible ; for the words of the writ are, " willing 44 nevertheless, that neither you nor any other " sheriff' of this our hingdombe in anywise elect- 44 ed" Ileyw. Comities, 3. 51. In the Southampton case, " Resolved, 44 that it is the opinion of this committee, that 44 J. T. being sheriff for Hampshire at the time 44 of the last general election, was eligible to " serve in parliament for the town of South- 44 amp ton." 4 Doug, 143. ■CHAP. II.] COUNTY ELECTIONS. 21 ,52. Mr. M. returned for Abingdon, was she- riff of Berks ; the return was disputed on the ineligibility of Mr. M. The committee deter- mined, that neither the sitting member nor the petitioner were duly elected, and that the elec- tion was void. 1 Doug. 44(3. 53. Then? are instances of sheriffs returned for boroughs within their own counties, and al- lowed to sit. although objected to at their elec- tion, and petitioned against. 1 Doug. 4.54. 7^. (K.) 54. Bribery committed by a successful can- didate, whose election has been declared void by reason thereof, disqualifies him from being elected at the ensuing election. 2 Peckw. 139- Sect. iv. — Taking the Poll. 1. In whatever way the election of knishts of the shire is made, the sheriff is to pronounce who hath most lots, or hands or voices ; and if he cannot determine in the first instance, with the consent of the freeholders present, and the party or the freeholders demand the poll, the sheriff cannot deny the scrutiny ; " because,' 5 says Lord Coke, " he cannot discern who be *' freeholders by the view, and then though 44 the party would wave the poll, yet the she- " riff must proceed with the scrutiny." Hcyw. Counties, 2Jj 22 COUNTY ELECTIONS. [CHAP. II. 2. If the poll be demanded, the sheriff has no discretion, he must grant it ; for the statute of William is imperative : if the election be not determined on the view, " but a poll shall be re- " quired" the sheriff' shall forthwith proceed there to take it. 7 6f 8 W. 3. c. 25. s. 3. Dis- ney's El. Stat. 12. 3. He or his under-sherifTmust appoint such number of clerks to take the poll, as seem to him convenient. 7 Sf S W. 3. c. 25. s. 3. Dis- n ey's El. Steit. 12. 4. Which clerks must be sworn by 7 6f S JF. 3. c. 25. s. 3. ; but as no form of oath is giv- en in the statute, the poll-clerks may be sworn as follows : " I do swear, that I will at this " present election of a member (or members) to " serve in parliament for the county of " truly and indifferently take the poll and set " down the name of each freeholder, and the " place of his freehold, and for whom he shall " poll, and to poll no freeholder who is not " sworn, or put to his affirmation, if so legally '•' required." Heyw. Counties, 26'7- 5. Resolved, that the poll-clerks, at the late election for a burgess to serve in parliament for the borough of Colchester, were not sworn ; and that such omission was contrary to law. 1 Peck. 507- 6. The poll-clerk must set down the name of the freeholder, and where his freehold lies : and may administer the freeholder's oath to the CHAP. II.] COUNTY ELECTIONS. 23 voter, if the voter be required by the candi- date or candidates to swear. 7 4 . 1 n the Middlest x case( 1 80.5, ) it became a question, whether objected votes, which were reserved for discussion, could be put on the poll-books after three o'clock on the fif- teenth day. The sheriffs had declared the pell. It was admitted, that the sheriffs might alter their opinion as to the numbers, and reverse their decision if they thought proper. 2 Peck. 3A5. The committee deter- mined, that Mr. M. was not duly elected ; that Sir 1<\ 15. (who had the minority at three o'clock on the fifteenth day,) was duly elect- ed : it appearing' that if the votes had been admitted, which were tendered before three. examined and put on the poll afterwards, Su 30 COUNTY ELECTIONS. [cHAP. II. F.B. would have had the majority. 2 Peckw. 370. 35. If it appears that there is an equality of votes, the returning offieer has not a casting vote. Sim eon ,* 161. 36. There seems no objection to the sheriff closing the poll on the fifteenth day, at three o'clock, and examining disputed or reserved votes then on the poll, during that day and the next, and then casting up and declaring the majority. Ed. 37- There should, however, be the utmost caution used before such an alteration, (i.e. in the poll-books,) and very clear evidence to justify it : for the poll-clerk is sworn; and his book, whilst it remains unaltered, is the best evidence of the vote. Simeon, 157. 38. But not the only evidence : for parol evidence has been admitted to prove for what property a vote was given ; though no proof of the poll-books being destroyed or lost, nor any notice on the other side to produce them. Simeon, \5J. (n.) quot. Luders. Mistakes in the Poll Book. 39- Any mistake or improper conduct of the sheriff or poll-clerks in conducting the poll, does not avoid the election ; if in other respects there has been a good and substantial election. Ileyw. Count. 3V2. 40. In all the cases except one, since checque books were introduced, they, toge- ther with other evidence, have been admitted CHAP. II.] COUNTY ELECTIONS. 31 to contradict the poll-books, where the mis- take was pointed out in a reasonable time, I Heyxo. Counties. 344-. 41. Where the poll-clerk had neglected to put the word "Jurat." opposite to the voter's name, and the checque-clerk was produced to prove he had been sworn ; the committee resolved, nem. con. that evidence be per- mitted to prove he was sworn to his free- hold. Heijw. Counties, :34-S. 42. Nature of freehold " tenement :" it was objected, that the description was uncer- tain, and would apply to any species of free- hold ; but the committee resolved to take it in its more familiar sense, as a house ; and held the description to be sufficient. L J Pecfac. 55. 43. Where the name. &c. taken down by the poll-clerks, bore a similarity in point of sound to the real description of the voter, the committee decided, in each case, whe- ther the difference should be considered to be the mistake of the clerk, or a mis-descrip- tion on the part of the voter ; and in all cases where the similarity of sound was such as to justify them in the former supposition, they allowed the vote. 2 Vickie. 52. 44. The same evidence ( i. e. of the voter ) was admitted in another ease, (to contradict the poll-book ;) but there the checque-books agreed with the parol evidence against the ooll-book. Simeon. 1.38. o2 COUNTY ELECTIONS. fcHAP. II, 4.5. Joseph Jefferson described the situa- tion of his freehold to he " St. Ann's, Soho," and the nature of it, " preferment in the " church." The committee held this descrip- tion to be sufficient ; but required of the party who supported the vote, to shew the kind of preferment in respect of which Mr, Jefferson claimed aright to vote. 2 Peck. J.5. 46'. And where the checquc-books agreed with the poll-books, the voter himself was not suffered to give evidence to contradict the poll. Simeon, lo9. 47. The case of Bedford, 1784, establishes the power of the sheriff to correct all mistakes in the poll-books, where the checquc-books do not agree icith them, and where he is applied to in due time for that purpose ; but in the same committee, a resolution being proposed. " that the counsel be admitted to produce " evidence to correct mistakes upon thepoll- " book, although no such evidence was ten- " dered to the sheriff" — it passed in the negative. Heyw, Count. ?j5\. 48. Where the poll is once declared and acknowledged, the election is complete. Simeon, 164. 49. The poll, when regularly closed, and the numbers declared, can never be revived or continued, either by the sheriff or any other person. TIeyro. Counties, 399- 50. If the returning officer die during the CHAP. II.] COUNTY ELECTIONS, .33 poll, his successor may execute and finish, Simeon, 154. Scrutiny. 51. The sheriff must make a return on closing the poll, and declaring the majority ; unless he deem it necessary to grant a scru- tiny on the requisition of any candidate or two electors. 25 Geo. 3. c, 84. 5. 1. Dis~ ney's EL Stat. 1 50. 52. If the sheriff proceeds to a scrutiny he cannot do it after a proclamation of the majority without an adjournment. Where he has done otherwise, it hath been held a breach of privilege ; for which the returning officer was committed. Simeon, 162. 53. When he does grant a scrutiny, he must decide the votes alternately. 25 Geo. 3. c. 84. s. 2. Disney s EL Stat. 151. 54. During the continuance of a scrutiny, the sheriff may administer aw oath to any per- son whatsoever consenting to take the same, touching his right to vote, or any thing ma- terial to the scrutiny. 25 Geo. 3. c. 81. s. 6. Disney's FA. Stat. 153. 55. It may be observed, that through the omission of some words in the 6th clause (of 25 Geo. 3. c. 81.) the r< turning officer has no power to take the affirmation of a quaker, and yet the 7th clause provides tor the py- i> o\ COUNTY ELECTIONS, [ciI.4P. II. nishment of a quaker affirming falsely. Heyw. Count. 421. 56. The scrutiny must be finished in time for the return to be made, which, on a vacancy during prorogation, is (by 2.5 Geo, 3. c. 84 s. 1,) thirty days. Heyw. Count. 44. 5. 57. The inconveniences of the Westminster case, (1784,) induced the legislature to pass the 2.5 Geo. 3. c. 84, for regulation of polls and scrutinies ; and by the first section the. provisions of the 10 & 11 Will. :). c. 7, re- quiring sheriff's and other officers to make a return of members on the day appointed for the meeting of the parliament, was ex- tended to returning officers of all descrip- tions ; and after having enacted, that the re- turning officer might proceed upon the scru- tiny, it goes on : " but so as that in all cases " Of A GENERAL ELECTION, every retum- i; ing officer, or officers having the return of a " writ, shall cause a return of a member or " members to be filed in the crown office, on " or before the day on which such writ is " returnable." Heyw. Count. 439. 58. The 2.5 Geo. 3. c. 84. s. I. restrained the discretionary powers founded upon the indefinite terms of the writ; and enacted, that returning officers for counties or cities and boroughs, may proceed to a scrutiny: " so that in case of any election upon a writ CHAP. IT.] COUNTY ELECTIONS. 35 " issued DURING A SESSION OR PROROGA- <: tion of parliament, anda scrutiny being " granted as aforesaid, then that a return of " a member or Members shall be made within " thirty days after the close of the poll (or " sooner if the same can conveniently be "done.") Heyn'. Counties, 44 6. D.tsneys EL Stat. 151. Sect, v.-— Voters — Freeholds. 1„ The statute of Hen. 6. by the wordi freehold requires every voter to have an es- tate held by free tenure, as opposed to base or servile tenure; but that is not all: for this word is also descriptive of the interest the tenant has in the land ; and it has been, always construed in this statute to mean, not only that the tenure, but the interest of the voter, shall be freehold. Heyic. Count, 20. 2. All tenures are now turned into free and common socage (except tenures in frank- almoign, any tenure by copy of court roll, and the honorary services of grand serjeanty) by 12 Car. 2. c. 2 k Heyic. Counties, 26, (>0- 3. No person who holds his estate by copy of court shall be entitled thereby to vote at D2 36 COUNTY ELECTIONS. [CHAP. li- the election of any knight or knights of the shire within that part of Great Britain called England, or principality of Wales. If he does, his vote is void ; and he incurs a penalty of 501. 31 Geo. c 2. c. 14. s. 1. Disney s EL Stat. 98. 4. Tenants in ancient demesne, therefore, holding by copy of court roll, as well as copy- holders, are excluded by this statute, (.'31 Geo, 2. c. 14. ) from voting; as clearly as, by the expression " any tenure by copy of court " roll," they are excepted out of the operation of the statute of Charles 2„ Heyw. Coun- ties, 33. 5. It is laid down generally by Lord Coke that freeholders in ancient demesne have no right to vote. Comyns, in his Digest, says, " if freehold in ancient demesne, he may " elect ;" at the same time he notes Lord Coke's opinion to the contrary. Mr. J. Black- stone does not exclude freeholders in ancient demesne from exercising that franchise. Si- meon, 94. 6. Customary freeholds have been admit- ted to vote. In the Gloucestershire case, 1777, after counsel had been heard at great length, the committee resolved " that J. B. " a customary and ancient demesne tenant oi ;{ the manor of Dymock, according to the " custom of the manor, had such a freehold CHAP. II.] COUNTY f.LECTIOXS. 37 "• therein as entitled him to vote at the last t; election for the county oi' Gloucester." The numbers were eight to five ; and the chairman, who voted lor the question, ob- served, that it appeared to him of the most doubtful nature; and that the arguments were so forcible on each side that he was determined solely by the principle, that where rhe right was not ciearly ascertained, he should give, rather than take away the fran- chise. Heyic. Count. 41. Value. 7. No person shall vote without having a freehold estate in the county for which he votes, of the clear yearly value of forty shil- lings, over and above all rents and charges payable out of. or m respect of the same. 18 Geo. 2. c. 18. s. 5. Disney $ El. Stat. 81. 6. No public or parliamentary tax, coun- ty, church, or parish-rate, or duty, or any other tax, rate or assessment whatsoever, to be assessed or levied upon any county, divi- sion, rape, lathe, wapentake, ward, or hun- dred, is to be deemed a charge within this act 18 Geo. 2. c. 18- 5. 6". Disney's EL Stat. 82. 9. The Bedfordshire committee (in 177*3) came to a general rule that the value of a landed estate, in right of which the owner f y\ ■ .3 *wv MS 38 COUNTY ELECTIONS. [CHAP. II. rotes, is the rent which a tenant would give for it, and not what the owner occupying it himself may possibly acquire from it. Heyw. Counties, So', 10. No person shalFvote for lands not charged or assessed to public taxes in the same proportion as lands of 40s. per aim. value in the same parish. 10 Ann. c. 23. 9. 9, Disney s El. Stett. 38. 1 1. The freeholder's oath, and the enquiry which the sheriff may make of each voter, how much he may expend by the year, arc now only the critcrions given by any sta- tutes to ascertain the value at the polL Hey w. Count. 89. 12. If the tenant pay land-tax, it shall be added to the rent, but not church or poor tax. Simeon, 75. 13. Where the landlord had let for fifty shillings, and taken receipt as for thirty shil- lings rent only, he was entitled to prove the real rent to let in his vote. Simeon, 75. 14. The tenant was let in to prove the ealue under forty shillings, though the voter had sworn to his qualification. Simeon, 75- \5. Dower not claimed for some years, was presumed discharged or released ; and the value of the freehold not reduced by it. Simeon, 75. 16. In the Bedfordshire committee (1773), l\, S, was objected to as having voted for a CHAP. II.] COUNTY ELECTIONS, 3° trochoid of 9'. a year, charged with 2-201.. the interest ofwhich sum reduced the annual pro- duce to less than forty shillings a year. Tin case was fully argued : and the committee re- solved. " that the interest upon a mortgage, •' the mortgagor being still in possession, is " such a charge upon the estate, within the '• meaning of the statutes, as to affect the •• rights of the voter." IJei/tc. Count. 93. 17. The same committee also resolved, Ci that the interest of a mortgage (which is " charged upon the estate in rigktofichicha " voter voted J being established by evidence, " so as to reduce the value of the estate to k - less than forty shillings per ami., does • k invalidate the vote ; and that such '• evidence is conclusive, notwithstanding " any other property possessed by the vo- '• ter." IJei/ic. Count. 94. 18. Another committee, [Cricklade, 177^-) resolved " that a mortgagor in possession of "• laud of the value of forty shillings a year, " and the devisee in possession of lands of vC the value of forty shillings a year, devised ' ; subject to the payment of debts and lega- •• cies, are entitled to vote.'' Jlct/u- 91- Freehold Intt rest. 19. A freehold interest in land, is such an interest a> must continue for the life of the 40 COUNTY ELECTIONS, [cHAp. IT, holder, or of some other person, or for an uncertain duration ; which, as it may possi- bly last for life, is, in contemplation of law, equal to a life-estate. Simeon, 72. 20. This rule, however, has some excep- tions; as in the case of tenant by statute sta- ple, statute merchant, or elegit ; where the interest of the holder, though indeterminate by any express limitation, yet follows the nature of the debt, and goes to the personal representative. Simeon, 72, 73. 2 1 . Where a man has been in possession for so long a time, £hat he cannot be disturbed by an action of ejectment he may be allow- ed to vote. Heyw. Count. 4.5. 22. A tenant in fee-simple has the highest interest which a subject can have in an es- tate. Heyw. 46. 93. A tenant in tail, after possibility of issue extinct, has a life interest. Heyw. 48. 24. Tenant by the courtesy of England has a life interest : the requisites to make such an estate are ; marriage, seisin of the wife in fee or tail, issue, and deatli of the wife. Heyw. 49. 25. Title accruing after election begun is no objection. Simeon. N. 13. This must be understood of titles not within the splitting: act, 7& 8 W. 3 r. 2.5. Ed. CHAP. II.] COUNTY ELECTIONS, 41 26. Husbands of women entitled to dower, or thirds out of the estates their former hus- bands died seised or possessed of, may vote in respect thereof, though not set out by metes and bounds. 20 Geo. 3. c. 17- s. 12. Dis- ncys El. Stat. 12o. 27. But where the widow was entitled to dower out of estates conveyed away or dis- posed of, during the first husband's life, the dower does not gi ve the second a right to vote. Htific. Count. 57> 2S. An estate for any term of years, how- ever long, determinable upon lives, though in the common eourse of human life it must last them out ten times over, is not a free- hold, but a lease for years, determinable on a life or lives. Het/h\ Count. GO. 29. But a person seised of a freehold in- terest, though only in reversion or remain- der, may vote if he receive forty shillings rent from it in possession ; but if lands are let to a person for life, reserving no rent, or less than forty shillings by the year, the grantee cannot vote during that term ; but if he lets such lands only tor term of years, without any rent at all, or under forty shil- lings per aim. reserved, lie may vote in re- spect of the freehold in him. IJci/w. Counties:, 61, 42 COUNTY ELECTIONS. [CHAP. II, Trustee or Mortgagee, 30. No trustee or mortgagee to vote m re- spect of that estate, unless in actual pos- session of the estate ; but the mortgagor, or cestui que trust in possession, shall vote, 7 & 8 W. 3. e. 25. s. 7. Disney s El. Stat. 14, 31. Most questions relating to trust es- tates, which arise at county elections, will admit of easy solution, if the relative situa- tion of the parties be attended to. When it is once settled whether a person claiming to vote is trustee, or cestui que trust, the diffi- culty will be generally removed. Heyw Count. 64. Equitable Title. 32. Though the purchaser himself cannot gain a right to vote unless he has been a twelvemonth in possession, and has been rated to the land tax six months before ; yet if he dies within a week alter possession taken under such equitable title, his heir or devisee, as it should seem, would have the right of voting for such equitable estate, under the saving clause in the statutes, (IS G. 2. e. 18. 20 G. 3. c. 18. s. 1.) if the free-hold has been assessed to the land tax within two years be- fore; although the ancestoiyat the time of his death, had nosuch right complete. Simeon, 91 CHAP. II.] COUNTY ELECTIONS. 43 33. Where a person has agreed to sell, and another has agreed to purchase certain pre- mises, and that agreement has been reduced to writing, (which it must be by the stat. of frauds, Ed.) whether under stamp or not, the vendee being in possession of the estate, and taking the rents and profits by virtue of the agreement, seems to have an equitable free- hold, and to have a right to vote. Hcyw. Count. 65. Jo in t - ten a a Is . §~c . 31. Joint-tenants, and tenants in common of freehold estates, and freehold interests, have a right to vote. But the 7 & 8 W. 3. c. c 25. s. 7. has provided that no more than one voice shall be admitted for the same house or tenement. Hey to. Count. 6*9. 3.3. I J' two joint-tenants agree to part their lands, and hold them in severalty, they are no longer joint-tenants ; for they have now no joinl-hiterest in the whole, but only a several interest respectively in the several parts. '2 Black. Com. 1S'>. Clergy , 36. From the 12 Anne, taken with the prior act, ( 10 Ann. c. 23,) it is clear that the 44 COUNTY ELECTIONS. [CHAP. II. legislature then considered the right of par- sons and vicars coming to lands, rents, tithes, &c. by presentation to a benefice to be clear and undisputed. Heyw. C*unt. 77. Offices. 37- The statute of Hen. 7th, requires voters to have a qualification in " free land oi tene- " ments to the value of 40s. by the year." By the 13 Geo. 2. c. 18. s. 3. no person shall vote for the electing of a knight or knights of the shire, " in respect or in right of any 44 messuages, lands, or tenements," which have not been assessed to some aid, granted by a land tax, twelve calendar months next before such election. The word tenement though in its vulgar acceptation it is applied to" houses and other buildings," yet in its original and proper legal sense, it sig- nifies every thing that may be holden, provided it be of a permanent nature ; whether it be of a substantial and sensible, or of an unsubstantial ideal kind. Heyw. Count. 43. 38. Henry Collingwood Sclby voted for the office of the clerk of the peace for Mid- dlesex. He was assessed " for his office of " clerk of the peace for the county oi Mid- " dlesex, 12001, per ann.,55i.: the committee CHAP. II.] COUNTY ELECTIONS. 4.5 " determined" that //. C. Selby not having freehold interest in house or land in right of his office, is a bad vote. 2 Peckw. 92-3. 39- Therefore persons holding offices in fee, or for life, whether they concern lands or not, are said to have a freehold therein, and being duly rated to the land tax, are entitled to vote at the elections of knights of the shire. Heyw. Count. 43, 44. 40. Schoolmasters and parish clerks, ge- nerally hold their places for life ; but curates (not applying the application to J:hose who hold perpetual curacies) are as generally re- moveable at the will of those clergymen who appoint them. Hence schoolmasters, and parish clerks, seised of land by virtue of their offices, are usually admitted to vote, and curates not. Heyw. SO. 41. By the Bedfordshire committee, school- masters were always presumed to have es- tates for life, unless the contrary appeared from the nature of their appointment. Ibid. {»■) 42. But schoolmasters and parish clerks stand upon a better ground than dissenting ministers, who are appointed and removed at the will of the congregation, however capriciously exercised; whereas a school- 46 COUNTY ELECTIONS. [CHAP, II. master or parish clerk had each a freehold right, auam diu se bene gesserit, and are not removeable but for good and sufficient cause. Simeon, 82. 43. The stat. 18 Geo. 2. shall not extend (inter alia) to any person who becomes entitled to lands "by promotion to an office " within twelve calendar months next be- 44 fore such election," where the prede- cessor has been rated within two years. 18 Geo. 2. c. 101. s. 2. Disney s EL Stat. 118. 44. John Coppinger, sub-register of the court of Chancery. This office has wo land or salary arising from land attached to it, nor any house except for the business of the office. The emoluments entirely arise from the fees paid by the suitors of the court. The counsel for the petitioner understanding the committee to have determined, that a seat connected with an office (the profits consist- ing offees only,) does not sufficiently give to the office the nature of real property, gave up this vote, and it was declared bad. MiddL 2 Peckw. 100. 45. If an office be granted to a man to have and enjoy so long as he shall behave himself well in it ; the grantee hath an estate of free- hold in the office ; for since nothing but his CHAP. II.] COUNTY ELECTIONS. 47 misbehaviour can determine his interest, no man can prefix a shorter time than his life, since it must he his own act, (which the law does not presume to foresee.) which only can make his estate of shorter continuance than his life. Bac. Abridg. Tit. " Offices and Of- ficers." ( If.) Possession. 46. No person shall vote for a freehold estate without having been in the actual pos- session, or In the receipt of the rents and pro- fits above twelve calendar months ; unless the same came to him by descent, marriage, marriage settlement, devise, or promotion to a benefice in a church or office. 18 Geo. 2. c. IS. s. 5. Disney s El. Stat. SI. 47. The act (i. e. IS Geo. 2. c. IS,) does not specify the time whence the twelve months are to be computed, whether from the day appointed for the election, or the day on which the voter skives his vote. Hut the natural construction seems to be, that it shall be reckoned from the day when he takes the oath, and actually gives his vote. Heuw. Count. 111. 18. It often happens that some of those who have voted die. and the son has been 48 COUNTY ELECTIONS. [CHAP. II, always allowed to vote at the same election, for lands for which the father had voted before; although it came to him by devise, descent, or marriage, even after the poll begun. Heyw. Counties, 1 1 2. 49- Rev. G. Bailey. It was admitted that a person married during the election, had a right to vote at the same election for premi- ses to which he became entitled by marriage. 2 Peckw. 11.5. 50. When the voter claims to vote under an interest accruing within the year, by de- scent, devise, or marriage, or marriage settle- ment, his title, not his mere possession, is the ground of his right to vote. Simeon, 73* 51. By title I mean right of possession, which, I presume, it is sufficient for him to prove, without being compellable to shew a right of property as if it were a real action. Simeon, 73. 52. The words of the stat. are, " unless " the same came to him within the time afore- ec said (i.e. twelve calendar months) by de- " scent, marriage, &c." If the ancestor or devisor, or settler, therefore, were seised of a freehold, whether rightfully or wrongfully, the estate ivould come by descent, will, or marriage settlement, and entitle him to vote. Simeon, 73. C.HA.P. IT."] COUNTY FLECTIONS. A{> Assrssmt tils. 53. No person can voi" unless his free- hold has been assessed u towards some aid " granted or to be granted to his majesty, u his heirs or successors, by a land tax in " Great Britain, twelve months next before *• such election." 18 Geo. 2. c. 18. s. 3. Disney's EL Stat. 80. .)\. The most obvious construction is, that tlie computation is to be from the day when the voter takes his oath, and gives his vote. 3 Doug. 23 \. Simeon, 62. 55. The time is reduced to six months by 20 Geo. 3. e. 17- v. i. Disney's EL Stat. 117 56. This act not to extend wilh respect to rating and assessing, to annuities, or fee. farm rents (duly registered) issuing out of lands rated or assessed as therein directed, 20 Geo. 3. c. \J.s. '2. Disney's ML Stat. 1 IS. 57. Persons becoming entitled by descent, marriage, marriage settlement, devise, pro- motion to a benefice or office, within twelve. months before such election, may vote, pro- vided his qualification has been assessed to the land-tax in the name of his predecessor, within two years before such election. 20 Geo, 3. c. 17. s. 2. Disney's EL Stat. 118. 5S. Commissioners of land-tax to delivn to assessors a printed form of an asspssnu nt. 1 £0 COUNTY EEECTTOXS. [cHAP. II. who are to make their assessments according thereto, and a duplicate to be stuck on the door of the parish church. Qualified persons whose names are omitted may appeal to commissioners, who are to amend the assess- ment where defective. 59- An amended duplicate Jo be returned to the assessor, and delivered to the clerk of the peace at the next quarter sessions. 20 Geo. 5, c. 17. s. 3. Disney s EL Stat. 119, 120. 60. Penalty on assessors, &c. who shall alter, or neglect to deliver, any duplicate as above directed. 20 Geo. 3. c. 17. s. 4. Dis- ney* s EL Stat. 121. 61. The court may fine certain officers for neglect. 20 Geo. 3. c. 17- s. 5. Disney's EL Stat. 121. 62. In case the chief constables make oath that assessors neglected to deliver the said duplicates to them, then the fines shall be levied on the assessors, except they deliver in the duplicates within ten days after not ire. 20 Geo. 3*c. 17. s. 6. Disney's Et. Stat. 122, 63. But if assessors within the said time shall produce to the clerk of the peace the chief constable's receipt, then the fui»- shall be levied on the said constable. QOGco.3- t. 17. s. 7- Disney s EL Stat. 123. 64. Fines to be paid to the treasurer of the county. 20 Geo. 3. c. 17-*. 8, Disney $ 6V Stat. 124. CHAP. II.] COUNTY ELECTIONS. 51 65. When assessments are not made, and returned to the clerk of the peaee, the justices may order them to be made and returned forthwith. 20 Geo. ". c. 17. $. 9, Disney's EL Stat. 124. 66. Persons aggrieved may appeal to the quarter sessions, giving; ten days notice, 20 Geo. :). r. 17. $. U). Disney's El. Stat. 121. ('■''. Any persor whose name, on appeal, •"••hall appear to have been improperly left out of any assessment, shall be deemed to have been rated therein. 20 Geo. 3. c. 17. s. 11 Disney s EL Stat. 12.5. (5S. Duplicates may be inspected, clerk of peace to deliver signed copies to any person u/to .shall demand the same, and being paid sixpence for every three hundred words. Duplicates legal evidence. 20 Geo. 3, c, 17 s, 13. Disney s EL Stat. 126, 69. Clerk of the peace or his deputy to attend at every election of knight of the shire with original duplicates, at the request of any candidate or ins agent, such candidate to pay him 21. 2s, per day's attendance, and s. 6d. per mile for travelling charges. 20 Gin. 3. c 17. y. 14. Dis?icy's EL Stat. 127. 70. After issuing of the writ, clerk of if ace shall attend gratis from 9 to 3 o'clock j acli day where the records of the county are E 2 .w. COUNTY ELECTIONS. [ciiAP. IT. kept, to make copies of duplicates. 20 Geo. 3. c. 17- s. 15. Disney s El. Stat. 127- 71. Penalty on clerk of the peace or his deputy making default. 20 Geo. 3. c. 17- s. \6. Disney s EL Stat. 123. 72. Recovery of penalties. 20 Geo. 3. c. 17- *. 17, IS, 19. Disney s El. Stat. 129. 73. Form of Assessment, (by QOGeo. 3. c. 17.) County of N.to wit. \ An assessment made in For the parish of 'pursuance of an act of in the saidf parliament passed in county J the year of his majesty J5 reign, for granting an aid to his majesty by a land tax, to be raised in Great Britain, for the service of the year 17 Names of pro-} Names of ocei prietors. A.B. A.B. E. F. C. D. J. K. J L.M.\ P.Q. piers. himself CD. C.I). G.H. X. O. Sums assessed. Signed Ihis day of 17 by us A.B. > A C. D- S CHAP. II.] COUNTY ELECTIONS. /).*> 74. Any person (whose vote is not objec- tionable on other accounts) may vote, al- though the name of the tenant is not inserted in the term prescribed by 20 Geo. 3. r. 17 30 Geo. :>. r. 35. s. 1. Disney a El. Stat. lo'J. 7.3. He may also vote, if the tenant's name is in tlie assessment, and his own is not. 30 iico. 3. c. 3.5. s. 2. Disnete's 1:11. Stat. K.i.5. 70. In the Middlesex case, IS0k the fol- lowing rule was entered on their minutes, v - that if either the name of the owner, as " owner, or that of the occupier.as occupier, " of the freehold voted for, appears rightly 4 * upon the assessment ; that is. if either be " right, though the other be wrong, such "■ voter shall be deemed rightly assessed." 2 Pcckw. 65. 77- l- pon a surest ion that there was a clerical mistake in the duplicate left with the clerk of the peace, the Bedfordshire commit- tee, as before stated, allowed the assessor to produce the original rate to prove' the mis- take, llei/w. Counties, \ L 29. 78. Where the name in the original assess- ment, and in the duplicate copy, differed, the committee determined to abide, by that in which the name of the voter was rightly spelt. l 2 L'eckw. OS. 7 ( J. .1. TVs freehold consisted of land and Anuses. It Wvis the custom of the parish to 54 COUNTY ELECTIONS. [CHAP. II, assess land onh/ y and bis land was neither worth, nor assessed at forty shillings a year^ but with his houses it was of more value. His vote was held good. Heyw. Count. 133> 80. William Paine, the owner of a free- hold, was rejected because the assessment was of Jane Sloper owner, and William Paine tenant, he being so at the time of tin- assessment made. Heyw. Count. 134. 81. Two schoolmasters voted, each for land and tythc, where the estate wr , assessed under the mime of " chanty ' d/ Heyw, Count. 137. 82. J. It. .\ a*, one oi two joint-tenants of the freehold. In the assessment, the other was assessed as the proprietor of the estate for which .J. Li. voted. His vote was disal- lowed. Middl. 2 Peckw. 76. S3. Assessment in the name of one joint- tenant as occupier, bad. Middl. 2 Pcckiv* 78. 84. [t was determined, both in the Bed- ford.';!. ire and Cricklude eases, that if one joint-tenant is named in the rate, his vote shall be received ; but he who is not rated, shall have no vote. Heyw. Count. ] 39> S.5. The third section of 'JO Geo. 3. c. 17, states, if any person or persons (renting or holding, or occupying any messuages, tene- ments. &c.) shall hold lands, tenements, &c. 8 ■CHAP. 1 1. J COUNTY ELECTIONS. »'i5 belonging; to different owners ; " the same '" shall he distinctly rated and assessed in such *' assessments, that the proportion of the "■ land-tax to be paid by each separate owner " or proprietor respectively, may bo known *' and ascertained/' These words evidently relate only to cases where the same tenant rents premises from different landlords, and then the property of each landlord shallbc distinct- ly rated. Ilei/ic. Counties, 1 -139- Variance in Poll and Assessment. 86*. The committee determined." that where " the christian name of a voter varies on the 14 poll, and on the assessment books, the " party who supports the validity of the sv vote shall 'no called upon to justify such 14 variation." MiddL ° Peckw. b7- 87- Where no explanatory evidence; was given, the vote was declared bad: in some cases, the variation was justified by calling the as- sessor or collector of the land-tax, to declare that the voter was the person whom they had actually meant to assess, and that they had mistaken his name. MiddL ° l\rk\ o'7- SS. With regard to surnames whien varied oil the poll, and in the assessment, the com- mittee uave their opinion upon each particu- lar case, and whether they should be c« nisider- *.'das different names, or the same differently f)6 COUNTY ELECTIONS. [ciIAP. II, spelt, and taken down by the poll-clerk, ac- cording to his apprehension of it as it was pronounced to him by the voter. Middl. 2 Pcckw. 67. 89. Thomas Francis Jennings ; in the as- sessment, Thomas Jennings. The committee required proof that the person named in the assessment, was the voter. Contra, 2 Luders M6. Middl. QPeckw.68. 90. In eases where, though the estate vot- ed for was in fact rated in the name of the tenant given in at the poll, some other per- son was assessed as the owner of it : the committee made a rule, that the title of the voter should be proved. This rule was first adopted in the case of William B idd u Iph, who had voted for premises assessed in the name of the Cooper's company as proprietors, Middl, 2 Psckw. 68, 69. 91. Where there was no proprietor assess- ed, and the occupier on the poll and on the assessment were the same ; no further evi- dence was required. Where the name of the proprietor on tin* poll and on the assessment was tin; same, and the name of the tenant di tiered ; no further evidence was required. Vt here no proprietor was assessed, and the occupier's christian »«we was omitted, or put with initials onlv, evidence was required to CHAP. ? r .J COl'NTY ELECTIONS, •7 shew that the christian ikuih 1 of the occupier assessed, was the same with that of the occu- piir on the poll. (Sec ante, pi. 87.) lint if the name was at full length on the assessment, and put with initials on the poll, no explana- tion was held necessary. Middl. Pechic 70. 92. \ oter on tin poll, voted as •• master "of theChartcr House." 1 le was not assessed for his office, but for a house which lm •' eld by virtue of his office : and he had redeemed the land tax in respect of that house, some time before the election. The committee, after some deliberation, determined, '• that " W. Ramsden having described himself as " master of the Charter House on the poll; " and it. b»dng shewn that the land tax of " his house was redeemed, is a good vote." Middl. a Peckw. 72 9.3. l!)th March. T. L. ; nature of freehold on the poll, kw ground;" assessed tor a house. The committee disallowed the vote. Middl. 2 Pec/ac. 71. [)■[-. The assessment did not distinguish what the nature of the propertv was ; as whether it consisted of house or land, &e. The assessor was asked, whether it was not .hi house ; hut the committee would nof permit the question to be put to him. The vote was determined to be good. L? Pcclrc. ';'. '■>.). Occupier on the poll " John. Gibson;" 58 COUNTY ELECTIONS. [CHAP. II. occupiers assessed " Prior and Co." A wit- ness proved, that Joint Gibson was one of the partners. But the committee held the assessment to be insufficient, and the vote to be bad. 2 Peckw, 78. 96. The committee determined, that " no " proof whatever of the actual value of the 44 freehold could arise from entries on the i; books of assessment. " The same deter- mination took place in several other cases. 2 Peckw. 105. 97- James Crouch. In that copy of the rate which was given to the clerk of the peace, and by which the court proceeded, he did not appear to be assessed ; but in one of the duplicates in the hands of the commis- sioners of the land tax, he was so. It was contended, that all the duplicates of the assessment were equally authentic ; good 2 Ludcrs. 527 . 98. 25th Feb. John Williams, in the origi- nal assessment; "Rev. Mr. Williamson" in one ofthe copies delivered out by the clerk of the peace ; the same name appeared in another, " Rev. Mr. Williams." By stat. 20 Geo. 3. c. 17. s. 13, every copy so delivered out is made evidence. The committee determined to abide by that in which the voter was right- ly named. It was also agreed, that, it was incumbent on the party who supported the CHAP. II j COUNTY ELECTIONS, 59 vote, to call the assessor to prove that he meant to assess John Williams by the name of the Rev. Mr. Williams. 2 Ptrkic. 68. Situation of Freehold. 09. 07th February. W F. Gran, situa- tion of freehold, on the poll, ' : }'f[;tirarc ," assessed in Hendoii. i he vote was declared had. 1I//V/V// 2 /V-/k\ 71. 100. oth M'..rrh. James Aiding. Situa- tion of freehold, on the poll, 1; Grays Inn- " lane;" assessed in Chad' s -row ; Chad's row is a continuation erf Cray's Inn- lane, and is sometime.-, called by the same npme. The vote was allowed. Middl. J I'e.chv. 71. 101. — March. r lhoma\ -'or r. Situa- tion of freehold, 4t Jl r /utcrhapc'- vr >:'^ ;" as- sessed v.\ Wliiiechapel Ui^h'S, ■ ct : .' road is a contimn. -m of the street, nut it 1- num- bered separate. , :>d never called by the same name. The comae tee declared the voie to oe bad. Middl. 2 /'c^.?! 102. 20th March. Laxrcncc CoIsop. Si- tuation of freehold, "C/ianu'oc-sfro. t ," 'i-->s- »r the commissioners had signed it, the vote was deemed bad. Middl. 2 PfcA-ic. 80. 112. A " fee-farm" rent, (which words the committee thought were used by mistake, in the 20 Geo. 8. c. 17- s. 2, but held them- selves bound by them.) must be registered if 62 COUNTY ELECTION'S. [CHAP. II, the land from which it issues be not assessed. Middl, 2Peckw. 85. Land Tax redeemed, 113. Persons claiming to vote for mem- bers of parliament for lands, where the land tax is redeemed, shall vote without being compelled to shew the assessment, " upon " proving, to the satisfaction of the returning " officer, on oath or otherwise, that such land " tax hath not at any time previously to such " election been redeemed or purchased." 43 Geo. 3. c. 116. 5.200. Disney's EL Stat, 189. 114. In the case of John Atkinson, 28th May, where the contract of redemption was for premises c ' belonging to John Atkinson., " assessed in the name of Richard Atkinson," and it was contended that a title from Ri- chard Atkinson to the voter should be proved, it was argued that since the stat.'42 Geo. 3. c. 116. s. 200. there was no necessity of shew- ing any connection with the voter on the poll, and the proprietor named in the assess- ment, that statute having entirely dispensed with the proof of assessment. The com- mittee held the vote to be good. Middl. 2 Pcckw. 8?. 116. By stat. 49 Geo. 3. v. 1 16. .«, 1(>Y>, overv CHAP. II.] COUNTY ELECTIONS. 63 copy of the register of any contract made in pursuance of this act. and registered according to the directions thereof, with the proper officer appointed tor that purpose, which ^ hall be signed by him, shall be allowed in all courts and places, and before all person-, to be good and suilicient evidence of such contract. Middl. "2 Ptck-K. 87- n. (q.) 1 16. Thomas Care came to his freehold by devise within a year before the election : he was net assessed, bur his mother was ; and his vote held good. Heyw. Counties. 142. Splitting Votes. 117- AH conveyances of any mess uagts, lands, tenements, or hereditaments, in any county, city, borough, town corporate, port or place, in order to multiply voices, or to split and divide the interest in any houses or lands, among several persons, to enable them to vote at elections of members to serve in parliament, are hereby declared to be void, and of none effect; and that no more than one single voice shall be admitted to one and the same house or tenement. 7 and 8 W. 3- c. 2;». s. 7- Disney 's El. Stat. 14. US. In the case of Weymouth and Mil- combe Regis, 3d Jane 1714, the votes of per sons who had enjoyed their estates for three years, were set aside ; because the estates Ci< COUNTY ELECTIONS, [CHAP. II. had been at first, acquired for the sole pur- pose of a vote. 1 Peckw. 311. 119. No time is fixed within which, pre- vious to the election, the conveyance is in- validated; but the committee, laying all the circumstances together, must say, whether, if made several years, or only one day before the election, it was the intention of the party to multiply voices. No length of time pro- tects a transaction from the imputation ; nor is it proved merely from its being recent. IJeijK. Count. 100. 120. In construing this act the safest time seems to be, that every transaction by which a larger estate shall be divided into smaller ones, shall be considered singly by itself, and undents own circumstances; and that it shall be presumed to have been a fair and bond fide one, until the contrary is proved. Ifayic. Count. 103. 121. No person shall vote in respect or right of any freehold estate, which was made or granted to him fraudulently, on purpose to qualify him to give his vote. IS Geo. 2, c. 18. s. 5. Diana/* lit. Stat. Si. 122. These provisions are onh declaratory of the common law, by which, wherever a person made a fraudulent grant of land to create a vote, the grantee might either take possession of the land, or recover the pro M A I*. I f.] COT. NT V KLECTI DNS. tits from the grantor. Heuw. Count. 107. 10S. ] 5,j. l>v an art t wo vears ; rs after. ( viz. 1 - Ann. slat. I.e. 5. Disney's 111. Slat. !9.) explanatory of the former.it was declared that, the former act should not extend to persons voting in respect of rents, tithes, or other incorporeal inheritances, or of an v messuages or finds in extraparoehial places, or of any chambers, or inns of court or chanc -r . or of places or offices, not usually charged to tlie public taxes. Simeon, 61. 1L>4. All estates and conveyances whatso- ever made to any person or persons, in any fraudulent or collusive manner, on purpose to .[Ualifv him or them to [rive his or their vote o:- votes, at such elections of knights of the shire, (subject nevertheless to conditions or agreements to defeat or deonniue such > tate. or to reeouve r the same shad !>• d • d and taken against those person -> wh » exe- cuted the same, as iree and absolute, and be holder] and onjoved bv all am! ■ ><-r>. -audi person or person- to whom sneh coin ch- ance shad be math, as aforesaid. ,: ely and absolut< i.v acquitted, » \onerat< i d, eel uis- r'ia r :ect of ;aid iVoiu all manner of trusts, conditions, (da uses of re-en t rv. powers of re- vocation, provisoes oi red< motion, or ot! dei'ea/anors whatsoever, h twoen or wee i 66 c o u n t y e i , r . c no :< s . [chap, ii, the said parties or any other person or per- sons in trust for them. 10 Ann. c. c 23. s 1. Disney s Jil. Stat. 57. Producing Title Deals. 12 j. A notice was then proved to have been served on Morse, to produce his lease ; and a copy of the lease, signed and allowed to be such by him, was offered in evidence : this also was objected to ; but the com- mittee determined, " that Morse not having li produced the deed after notice, his decla- " ration," {]. e. his acknowledgment of the copy) " shall be received in evidence/* 1 Peckw. 210. 126, Joseph Drcwe, a freeholder, vol ed for the petitioners, and was rejected by the re- turning officer, because he had not his title deeds ready to produce. The committee received the evidence, and added the vote to the poll, for the petitioners. N. B. His lather had withheld the deeds from the voter, and had not restored them to him till after the election. 1 Peckw. 574-5. Annuities. 127« No person to vote in respect of aw/./ annuity or rent-charge, issuing out of freehold lands or tenements, (granted before [stJnnc 176.3.) unless a certificate upon oath shall have been entered with the clerk of the peace, r II A P. II.] fOU X T Y r. LE C T 1 X s . 07 twelve calendar months before /he first da if of the election. The form of the certificate set out. ;3 (Uo. 3. c. 24. s. 1. !2S. If the annuity or rent-charue shall come to ill'; voter, " by descent, marriage, w - marriage settlement, or devise, or presen- *• taiion to a benefice, or promotion to an *' office within twelve calendar months next ■• before such election respectively/' the cer- tificate [at which a form is given) must be en- tered with the clerk of the peace before the first day of such election. 3 Geo. 3. c. 24. s. 2. Disney s EL Stat. lOo. 129- If the annuity or rent-char gehe. granted after the 1st June 176:3, "awcwonV/Zofthegrant " of ^ue\\ annuity or rent-charge," must be registered with the clerk of the peace tor the county where the lands lie, t; twelve calen- " dar months at least before the first dav of k - such election ;" which memorial shall be wrote, on parchment, and directed to such clerk of the peace, town clerk, or other pub- lie officer, and shall be under the hand and seal of the grantor or grantors, and attested by two witnesses, one whereof to be one of the witnesses to the execution of such grant; which witness shall, upon oath, before such clerk el the peace, town clerk, or otherofficer as aforesaid or their deputies, prove the seal- .nganddi In < ring of such grant, and the sign- r 2 68 COUNTY -ELECTIONS. [CHAP. II. ing and sealing of such memorial ; and which memorial shall contain the day and yearof the date, and the name, additions and abodes of the parties and witnesses, and all the, lands and tenements out of which the annuity or rent- charge issue, and the parish, township or place, or the parishes, townships and places, where such lands and tenements lie; and that eveiy such grant, of which such memo- rial is to be registered, shall at the time of entering such memorial, be produced to such clerk of thepeace, town clerk orother officeras aforesaid, or their deputies, who shall thereon endorse a certificate, in which shall be men- tioned the day and year on which such me- morial shall be so entered. 3 Geo. 3. c. 24. s. 3. Disney s El. Slat. 106. 130. If the voter votes " by reason of an " assignment of any annuity or rent-charge *' or any part thereof," made before 1st June 1763, a certificate of such assignment, upon oath, similar to that for original grants, must have been entered with the clerk of the peace, twelve calendar mouths at feast before the first day ofsuch election. If the assignment be made after the 1st June 1763, a memorial of the assignment, and a memorial of the grant, attested and registered as in original grants. 3 Geo. 3. c. 24. s. 4. Disney s El. Slut. 107, 131. Books are to be kept by the proper officers for entering such certificates and me- ■] CHAP. li. COUNTY F/i.I.CT TO N > . 09 morials, fees for entry, for search, and for co- pies. The officer may administer an oath in eases aforesaid. Copies attested by the pro- per oificer, deemed legal evidence. J Geo. j. e. 2 4. «. .">. Disney s EL Stat. 108. 1J2. Memorials of grants or assignments made and executed above forty miles from the offiee of the clerk of the peace, to be re- gistered, upon producing an affidavit made by one of the witm sses, (who must therein swear he saw the same executed,) before one of the judges at Westminster, or before a master in ( 'hancery, on/man/ or extraordinary . 3 Geo.:), r. 24. .9. (J. Disney s EL Stat. 10S. 1. 3, j. Officer or his deputy to attend, upon reasonable notice and satisfaction, with the Looks of entries at such election. J (Jlo. :). r. 2t. s, : . Disney s EL Stat. 10«). IJ4. Penalty of 1001. on the officer being .'uilty of licjKct or fraud. ;J do. ;j. c. 21. S. Dismiss EL Stat. \()[). 1 .3.3. l>y stat. 20 < Ao. J. it is enacted, thai runt act, with regard to <\]<-\i rating and as- - ui'j, as aforesaid, shall not extend or be • onstnii'd to extend to aiutaitu s or j<< farm i i nts duly registered) issuing out of anv in. s- Miages. lands, or Tenements, rated or assi e- *//. //\v AY. .S'/c//. MS. ; ' : . !?•■-■ I\ i d .v .//;. ^ .•);/. tluit a n > : i ■ d ui 70 COUNTY ELECTIONS. [ciIAP. 1 ?.. ice-farm rent need not he registered under the net for registering annuities. By the Glances* tcrshire committee. Heyw. Counties, ]f>3. 137> By the Gloucestershire committee. (1777 ; ) resolved, nem.con, that the annuity for which Samuel Harrington voted, and which devolved upon him in 1762 by the will of John Dee, does not require tobc registered, tleyic. Counties, 15 3. 1:38. But the Bedford committee (1784), in the case of Edward Pincard, who voted for an annuity which was not registered, charged by will on the testator's estates. which were assessed in the names of the own- ers, rejected the vote. Heyw. Count. 154. 139. As the few now stands, either the freehold itself for which the vote is given. Hiust be assessed, orit must be registered in the .shape of an annuity or rent-charge, land out of which it issues being likewise assessed. 2 Pccfac. S3. 110. Mr. I.uders has observed, that tin- regulations of this act [3 Geo. 3. c. 24.) do not seem to have been intended for annui- ties annexed to offices ; therefore an annuity in lieu of tythes need not be registered. Heyw. Counties, \55. 141. A schoolmaster's salary issuing out of lands need not be registered. 2 Lud. 432.491.. CHAP. [I.j COLNTV ELECTION?. i ' Personal DisiiuuLjication. J 42. The common law considers an alien as incapacitated to vote, not merely because lie cannot hold the requisite qualification in land, but because he labours under a personal incapacity: in consequence, an alien can- not be elected or appointed to any public office whatever : nor can he vote at any elec- tion o{ membi is to serve in parliament, w he- t I ! . ■ r t li • riiiht of election is vested in the own- ers of land, in persons locally resident within a certain district, or in any other classes ot voters. Hct/w. Counties, 107. I1J. An alien born who has obtained. t.r donutiom. /v;o.s, letters patent to make him a JirilisJi subject is termed a denizen. Jlemav take lands by devi-e or purchase, but not by inheritance; and may vote (\\ hen qualified in other respe( ts) at the election of members to serve in parliament. Uti/i: Counties, 108. 11 V. S?Sth Mat/. Anthony Bar brc. Objec- tion. ''alien." Hie chief clerk of the Alien ()f- he. produced the returns madt b\ the alien* at 1 1 v different police offices, under the aiu n act. 'I his was admitted to be \ ai\eti that he had since i« m naturalized, his vote was ,.' . ire 7'2 COUNTY ELECTIONS. [ciIAP. IT. 145. Naturalization cannot be performed but by act of parliament ; for by this an alien is put in exactly the same state as if he had been born in the kind's allegiance. 1 Blach. Com. 374. 146. Every foreign seaman is by rite 1.7 Geo. 2. c, 3. naturalized ipso facto, who in time of war serves two years on board an Eng- lish ship, by virtue of the king's proclama- tion ; and all foreign protestants and Jews residing seven years in any of the American colonies, without; being absent two months at a time ; and all foreign protestants serv- ing two years in a military capacity there ; or being three years employed in the whale fishery without afterwards absenting them- selves from the king's dominions for more than one year, (except those disabled by the v Geo. 2.c. 21,) shall be, upon taking the oaths of allegiance and abjuration, or in some cases, making an affirmation to the same effect, na- Turalized. Ileyic. Counties. 159. 147- If the voter cannot understand the oaths in English, it stems they should be administered in a language which he does ii.iifii rstand. Hey is. Counties, 300. . .i>. This is the constant practice in courts of justice. Ed. lis. Women cannot vote at ejections, TIei/w, Con'ii:ts. 1 Mo. HAP. II.] COUNTY r.l,F,CTJONS. /* 110. No person under the age of one and fwentv vears shall he admitted to ^ive his voice for election of any niemher to serve in parliament. 7 A' 8 W. .). r. 2.5.s. s, Uisnnj* El. Slut. 1.3. 1.30. That tin? voter is t; twenty-one years o! •_c as he helices," is part of the freeholder's n;ith. IS Geo. L 3. r. [<. .'•!! ins complying with tla ' l requisites, and tendering him the oa' ! lis w'k v, iicoinics 1m vole, Uupc. Count)' -a 1 .3°. A lunatic is a pt rsou \\ o:n< - tunes of ^ood ami sound nee. /v a ■ • : , stand um\ file hesi pre!. the siiei ! it against mistal- HI' I't'j! 'Ct ion oft he VOl.i ..,';• ■: ;.- veil : • idiots. !• \D |) ■ st I'icl v. e h ;.. ■ ■■ ;- a; fu it. such, us i . lakh: : • . 1 1 a le.il.i; !;■ i,ee a o .,-)t' -,,:i . • »;• an< e". he iTiiis ; . • ' . ■ .• a ,' ■ . c\ ■ Co. lJi»: I ,'ivt. • i ■' I J \ . I. he lact ei ie!eoe\ or the eapai oi a lunatic me i aiv. avs d>. nend in-un 74 COUNTY ELECTIONS. [CHAP. II* peculiar circumstances of the case, in which the returning' officer must use his best discre- tion. It' a lunatic be in a sound mind, at the lime, there seems no objection to his voting. /■>/. 155. Alms, received within a year be- fore the election, is held a disqualifi- cation at common law. And the slate of the voter previous to that period, is immate- rial, and shall not be enquired into. Simeon. 101. 156. Mr. Serjeant Tfeywood expresses a doubt, whether receiving- jmrisli relief be a disqualification, and mentions it as a ques- tion still undermined. Heyw. Counties, 1 67'. 157* Alms, is generally defined to be parish relief; and is a disqualification if received within the year. Simeon, 101. 158. In the Coventry ease the receipt of sacrament -money, and bread-money within the year were held not to disqualify, as those benefits did not come within the notion of alms. Simeon, 101. \59. That Robert Siretnge having within twelve months before the election received parish relief, was tin reby disqualified from voting. 2 Lua'trs, 567- KiO. Jeremiah Jlearsom. He was attend- ed while sick, by the parish apothecary, by the order oj r the parish officers, upon the appli- HAP. 11.] COUNTY ELECTIONS, < > cation of the voter. His vote was held had. 1 Pi clew. 308. lo'l. April Hth, Philip Harrison. \n the assessment the entry was •' Philip Harrison, " poor." The voter was a day-labourer, and had tor several years been the owner of two small freehold cottages ; the hind tax had nevi r been collected from him. His vote was allowed. ~2 Peehw. I 17- lie?. It is now determined, that alms do not disqualify a freeholder otherwise quali- fied : though the Crirklade committee had held the contrary in a similar ease. Simeon* iO*. JO.]. It should seem, that where the e-ife of the voter has received relief from the pa- rish for the use of Iter husband, or his family, it will afh'ft him exactly as if he had received it with his own hand; but doubted if thev Live separate. Heyic. Counties, 17:3. 1 6l. In the Cric/ilade committee (178.)), it was resolved, '• that those persons whosub- -- initted themselves, or their families to be ■• inoculated, in the year 178,3. by the invi- ■■ tat ion of the parishes of ('richlade, and i: received teliefin consequence of such iuo- '* dilation, were not thereby disqualified ik from \otinii' at the last election/ 1 Heyus. i ' ouni. I , .'. k>.3. A nv parish relief which shall b J6 COUNTY ELECTIONS. [ciIAP. II. to the family of any militia-man, during the time of actual service, shall not deprive such militia-man from voting- for the election of any member to serve in parliament. IS Geo. 3. c. 59- s. 95. 166. " Charity," in the laws of parliament has been defined to mean any sum of money or other emolument arising from certain spe- cific funds, appropriated to the assistance of persons in mean or poor circumstance?. Heyw. Counties, 175. 16?'. Charity donations by will, annually distributed, do not disqualify. I Peckw. 510. 168. It was agreed on both sides, that neither aims nor charity disqualify an elec- tor in Taunton, unless they have been re- ceived within a year before the election 1 Doug. 370. 169- Isaac Hazel. He had met with an accident, and upon the application of a prin- cipal inhabitant, was attended by the apothe- cary for the poor of the parish, gratis. His rote was held good. 1 Pcckw. 5f)S. 170. It lias been resolved, " that the te sharing in a charitable gift appointed to he " distributed at Christmas, is a taking el " alms," and disqualifies. Heyw. ( 1 oiaif. 176. 17 1- The petitioner (1708) proceeded to CHAP. II. j COUNTY ELECTIONS. 77 disqualify votes, on account of their receiv- ing Sir T. W.'s gift, (which is a '/.ft of forty sh ill i ;il;s annually to each oi tin- objects of tile charity;) and the question !)■ ing put in the house that thev were disabled by receiv- ing it, it passed in the negative. Hei/w. Count. 177. 172. A sim L»r determination, where the gift was similar, was decided in the same way in 17 1 b not to disqualify. Ilegw. Count. 17S. 17-b Some line must he dnnvn, and that line, by the established custom of parliament, seems to be one year be for the election ; un- less m particular cases, where, either by spe- cial usage, oi di termination ofthf house, or an act ofparliamen . sorm other rule is laid do* , n. //< if n\ ( 'aunt, i •(■>; ior ti:.' use oi \\\r poor of t!ie parishes of St. Man/ and St. Vad Hertford: of thr vearlv profits ufihis land two thirds were distributed ve.iri\ in bread to the poor oi St. 78 COUNTY ELECTIONS. [(HAT. II, P. and one third to St. M. : they were not disqualified. N. B. It was generally given to the wives and children. S. (J. 116. 2 Don ■£•. 113 of»rf 122. 17o". 13nt where there is a charitable foun- dation, in which the members have a perma- nent interest, as in the case of the Chelsea and Greenwich pensioners, this does not disable them from voting, for it is their estate. Si- meon. 10.5. 1 Doug, 373. 177- A motion ( 1746) was made, and the question put in general terms, " that 4i the receiving of sacrament money does ;i disqualify persons to vote in elections of t: members to serve in parliament ;" and it passed in the negative, item. con. lleijw. Count. 1S6". 17S. Where the charity was lib per aim. issuing out of land, to purchase shirts, &c. for poor men ; and another person had de- vised fifty shillings to purchase one hundred loaves of bread, a loaf to be given with each shirt, &c. the receivers were not disqualified. Hey w . Co u n ties, \ 3 9 . 179- The result of these cases seems to be, that where the voter had a permanent inter- est in the charity land ; or where the profits were very inconsiderable, and given to wife and children; or though given to the voter himself, if the usage was for tin receiver to H.W. 11. J COUNTY F MOTIONS. 70 \u[.'. tliut in these cases he is not disquaii- iied. Sinno/t. I0o, lUb. [so. No commissioner, collector, supcr- ■ isor, ganger, or other officer or person whatsoever, concerned or employed in the cliargin g. collecting, levying or managing the duties oi' iwcist or any branch or part there- of; I SI. Nor any commissioner, collector, comptroller, searcher or other officer what- t'Oever, concerned or employed in the charg- ing, collecting, levying' or managing the cus- toms, or any branch or part thereof; 1>°. Xor any commissioner, officer, or other person concerned or employed in col- l-cting, rec'jis ,ii'j'. or managing any of the duties on sliunjntl vellum, parchment and paper, nor any person appointed by the com- missioners for distributing of slumps ; 18,3. Nor any commissioner, officer, or other person employed in collecting, levying, or managing, any of the duties on salt ; 1 Si. Nor any surveyor, collector, comp- troller, inspector, officer, or other person rmploved in collecting, managing or receiv- ing the duties on h'luiiuns or houses ; e ,». Nor any post-mush )\ post-nr.i ier- •jfeneral. or his or \ heir dcput\ or deputies, or ,iiiv per- on i mploycd by or under liim or tin. jo. iiiie'M i .'in.: .<.■'>!!■ ctiuu', or managing th ; SO COUNTY ELECTIONS. [CHAP. 11. revenue c 'i the post office, or any part thereof; 1 86". Nor any captain, master.or mate of any ship, packet, or other vessel employed by or under the post-master or postmasters- gene- ral, in conveying the mail to and from foreign ports. 22 Geo. 3. c. 41. s. 22. Disney's El. Sua. 141. 187. Thos. Barringcr was objected to as being a collector of the duties on houses and windows, appointed (by commissioners of land tax) by virtue of the 20 Geo. 2. c. 'J. s. 6. The committee resolved that he was not disqualified. Heijw. Counties, 201. 188. Same objection was made, and had a similar determination in the IfuckinQ'ham case. Heyio. Count. 202. 180. Sub-distributor of stamps being appointed by distributor, and not by go- vernment, may vote. Simeon, 57. Same point. 1 Frazer, 104. 190. So one who is occasion-ally appoint- ed by the collector of excise' to collect, at wages paid by the collector, while he was sick or absent, the wages to be afterwards allowed by the board at their discretion, was allowed to vote. 1 Frazer, Ki.3. 191. The Rev. .1. J J. was objected to as the 1 husband of the post-mistress of New- market. She had been appointed in 177 3. nnrricd the voter 1781, and s! ; li hell live CHAP. II. J COUNTY ELECTIONS. Sx office : his vote was rejected. Ilct/w. Count. 203. 192. One kept the house where the post office was, and did the house business, and took the profit ; but the landlord of the house (who was a brewer) was the real post-master, and responsible to government ; the real post- master held to have no vote. Simeon, 58. 193. Sam. Morris was objected to as being a mail-guard. The voter was paid ten shil- lings and sixpence a week, by the post-mas- ter at Oxford. The committee resolved that that office does not disqualify the voter. 2 Fras. 4J1. 194. J- W". was a sub-deputy for delivering letters in a parish, not a post-town. These sub-deputies are appointed, not by the post-master general, but with his approba- tion. This vote was good. Heyxc. Coun- ties, 203. 19j. Resolved, ki that it is a high infringe- (t ment of the liberties and privileges of the *' commons of Great Britain, for any lord of "- parliament, or any lord lieutenant of any " county, to concern themselves in the *' elections of members to serve for the com- " mons in parliament. '* This resolution is passed at the beginning of every session 1 Doug. 161. 196. 1 know of no objection to the she- G S3 COUNTY ELECTIONS. [CHAP. II. Tiff's giving his vote as a freeholder, at a coun- ty election. He is in the situation of every other returning officer ; and it is a very com- mon thing for returning officers to vote at the elections of citizens and burgesses. Hct/w. Counties, 905. 197- A candidate, who is in other respects qualified to vote at the election, is not de- prived of the exercise of his franchise. He may vote for any other candidate ; but, what is a little extraordinary, he may vote for himself. At the last election (previous to June 1790,) for the county of Middlesex, Mr. Byvg and Mr. Wilkes each voted for himself; and Mr. Mainwaring voted for Mr. Wilkes. Ilei/w. Count. 206, 207- 19S. Quakers may vote, making the affir- mations required by law ; and it is the con- stant practice to admit them. Ed. 199. A papist may vote if he took all the oaths tendered, though the oath of abjuration was not tendered or taken at the election. Simeon, 55. 200. It has never been determined, whe- ther a popish recusant convict is, as such, disabled from voting at the election of mem- bers of parliament. Hei/w. Count. 21 6. 201. Sinee their return (after being ba- nished by Echo. \.) Jews have been possessed of real estates, without molestation ; and CHAP. II.] COUNTY ELECTIONS. 83 notwithstanding the doubts thrown out in both houses of parliament 17-')^, may, I eon- reive, vote at county elections, upon taking the oaths, according to the ceremonies of their own religion, as they are always per- mitted to do, when sworn in the eourts of j u s t i ee . Heyic . Co /nit. 2 1 S . 202. After outlawry his estate is no longer vested in him (the outlaw;) and it should seem that he loses the franchise of voting annexed to it : besides, he is no longer liber ct legalis homo; and therefore it may be said, is ex- eluded on account of the personal incapacity under which he labours. Heyw. Counties 2 I Q. 20:3. On the subject of outlawry, the same reasoning will apply to the elector as the elected ; and for this question as it affects can- didates, see ante Chap. II. s. iii. pi. 39- . See further regulations for casting the poll, 7 & 8 W. 3. c. 2.3.. and 2.3 6\o. 3. f. 84. : and alterations in tlie poll. Counties, Chap. II. v. iv, ('). As to scrutiny and proceedings therein, same as counties. Set Co unties, Char). II. ./y. Hoi. 300. See Counties. Chap. II. s. v. 2. It docs not seem that anv distinction was made between freeholders voting tor cities and boroughs, and for cities and boroughs being counties <>f themselves, till \:>(no. 2. c. 20,; whereby the first and second sections of the act of the 10 Anne. c. 23.. and tlie II 8 C 1 1 1 E S A N D T OW N*s . [CHiP. V, whole of the 12 Anne, Stat. I.e. 5. (both of which related only to electors for counties, were extended to the electors for certain cities and towns, being counties of themselves. Heyw. Boroughs, 391. 3. Mr. Serjeant Heyicood observes very properly, that there is a variance between the preamble, and enacting part of the 13 Geo. 2. c. 20. ; and concludes his observa- tions, that according to the profession in the preamble, the act was to relate only to those cities and boroughs, being counties, where the right of voting was already confined to freeholders of forty shillings a year; but the enacting part applies the recited laws to all freeholders, and inflicts a penalty on every person not having an estate of that value, who should presume to vote. Heyw. Bo- roughs, 391-393. 4. No freeholder shall vote as freeholders, for members, for any city or town, bang a. county, unless such persons shall have a free- hold estate in the city or town for which he votes of the clear yearly value of forty shil- lings, above charges. 19 Geo. 2. c. 28. s. 4. Disney's El. Stat. 93. 5. No public or parliamentary tax, church or parish rate, or duty, or other tax whatso- ever, to be deemed a charge within this act, 19 Geo. 2. v. 28. $. 3. Disney s El. Stat. 9i. rilAP. V.] BEING CO 17 NT U.S. 99 6. Person demanding to poll (if required by a candidate or voter) to take an oath or affir- mation before he polls : the form in the act 19 Geo. 2. c. 28. s. 1. Disney's ill. Stat. 86. 7. Tin. oath may be administered by the sheriff, under-sheriff, or sworn poll-clerk. ' ly Geo. 2. c. 2S. s. 1. Disney's III. Stat. 89. !«/ «< S. This act, 19 GYo. S. c. 28. (except what relates to checquc-books, and notice of elec- tions. jdoes not extend to any city or town, be- in'! a county, where the right of voting is in freehold! rs of less value than JOs. per annum 19 Geo. 2. c. 98. s. l;j. Disney's Jll. Stat. 97. {). T'uis act (19 Geo. °. c 2->.) is confined by sect. 13.. to persons having a right to vote for freeholds of the yearlv value oi forty shil- lings; bur as the LJ Gto. 2. c. 2;). had re- quired all freeholders voting tor cities and towns, being counties oi themselviS. to be. so qualified, it may be argued, that the an- nual value of the voters is a material subject for investigation at the poll in siu.ii cities and towns. JIti/i,\ Ilvrouiihs, J98 1 V'.,. \. v. ;on. 10. The voter must have been in the ac- "<:/ possession or r>ctij>t of i/;> .■■> nts for a v 1 00 C 1 J I 1'. S A N D 1 o w n s , [chap. V , twelve calendar months. 19 Geo. 2. c. 2S- ^', 4. Disney's El. Slat. 93. 11. The most obvious construction is. ?hat the computation (of the twelve months) is lobe from the day when the voter takes ihe oath, and gives his vote. 3 Doug. 235. 12. If the same comes to the voter, J: within the twelve months by descent, mar- " riage, marriage settlement, devise, or pro- " motion to any benefice in a church, or c; promotion to an office, he may vote." 19 Geo. ?.. c. 28. 5. 4. Disney* s EL Stat. 94. Assessment. 13. No person to vote (as freeholder) in such city or town being a county, for lands which have not been charged or assessed to- wards some aid granted, or hereafter to be granted to his majesty, his heirs or succes- sors, \\y a land-tax in Great Britain, twelve calendar months next before such election, Provided, that nothing herein contained, shall extend, or be construed to restrain any person from voting in any such election for cities and towns as are counties of themselves, as aforesaid, in respect or in right of any rents, or any messuages or seats belonging to any offices, in regard or by reason that the same have been usually charged or assess- CHAP. V.J BEINO COUNTIES, 101 ed to the aid commonly called the land-Tax . 1!) (no. L\ e. i?S. s. J. Disney 's ill. Stat. {)->. J 1. Three or more commissioners of land- tax, to sign and seal one duplicate cf the copies of assessment delivered to them by the assessor, alter all appeals determined, and the same shall deliver to the clerk oi the peace. Copies to he given to persons requiring them paying for them. \[) Geo. 2. c. 2S. .v. 'I. Dis- ney's El. Stat. 92. I 5. As to form of the assessment, and othei things, See Counties. Chap. II. s. v. pi. 5?>. It). It is observable, that the period of assessment in cities and towns, being coun- ties, must be twelve months ; in counties six onlv. See Counties, Chap. I I. s. v. pi. .5.3. 17. Where the land-tax is redeemed, it is the same as in counties. See Counties. Chap, II. s. v. pi. 11 J. Splitting Votes. IS. The number of voters in cities and towns, counties of themselves, made some, regulations necessary with respect to them. The statute of King William, to prevent the. splitting of freeholds, expressly extended to them. The statute of 1 Oth Anne, does not literalltf mention them, though it recites the statute of Kin"' JliMam, and extends to alleonvevane< s of freeholds. And thertlore, 105 CITIES AMD TOWNS, [tllAP. \. by the 13 Geo. 2., the provisions and penal- ties of the statute of 10 Anne, c. 2,}., against fraudulent conveyances, are expressly ex- tended to freeholders, and freeholds in eities and towns, countifes of themselves. Si/neon, 68-69, 19- The same point. Ileijw. Boroughs, 404. Annuities. 20. Fraudulent practices to carry elec- tions for cities and towns, being- counties of themselves, by means of grants of annui- ties and rent-charges issuing out of free- hold lands and tenements, have been put up- on exactly the same footing as if carried on to procure elections for comities, by the act of 3 Geo. 3. c, 24. ffeuw. Boroughs, 411. There- fore see Counties, Chap. \ \. s. v. pi. 197'. 21. Personal disqualifications are the sum' 5 as counties ; sec Counties, Chap. J.J. s. v. pi. 142, HAP. VI. 1 BEING COUNTIES. 103 CHAPTER V! Proceedings ({per the Election, Sect. i. — Making up the Return. 1. Must be indented, sealed, mid execut- ed, as in counties. Sec Counties, Chap. Ill, .V. 1. Sect. ii. — Making up and delivering the Poll-books. 1. As in counties. See Counties, Chap III.*, ii. i04 BOROUGHS AND TOWNS. [ciIAP. VII, CHAPTER VII. Proceeding previous to an Election for a Bo- rough or Town, Sect. i. — Issuing of the writ and precept. 1. The writ to the sheriff requires him " of every city of that county, two citizens, (i and of every borough in the same county " two burgesses, of the most discreet, &c. " you cause to be elected." Heyw, Count. 2. 2. The sheriff shall forthwith upon the re- ceipt of the writ, make out the precept or precepts to each borough, town corporate, port or place within his jurisdiction, in 'Anew parliament, or on vacancy, ? § 8 W. 3, c. Q5. s. 1. Disney's El. Slat. 10. 3. For a form of the precept, Heyw, Boroughs, 193. To whom delivered. 4. The sheriff shall, by himself or proper agent, within three days of receipt of the writ, deliver the precept to the proper officer to whom the execution of the precept doth appertain, and to no other person. 7 <$f S W. 3. c. 2.5. s. 1. Disney s El. Stat. 10. .5. Resolved " that — Day, late under- -sheriff of the county of Somerset, having " delivered the sheriff's precept for electing CHAI». VII.] BOROUGHS AND TOWNS. 10.5 ' ; a burgess to serve in parliament for the bo- ' rough of JMintheuii, to John I tcari/, and " Joseph Slurry, two of the burgesses of the '• said borough, but not constables thereof, ; is guilty < Pecku\ 33U. How directed. 6. The 7 and S W. 3. c. 25, a* well as the Q3 Hen. 6th, requires that the precept be delivered to the proper officer ; but neither of them require expressly that it should be di- rected to him, though in fact it constantly is: and Lord Mansfield, (in i- liurr. vi ; (>7. N ; states the fact in these words. " The precept * ; ought to be directed to the returning oili- 4i cer." Ihi/ic. lioroughs, 12,5, 126. 7. That no returning officer shall give or ? ike any fee for making out receipt, delivery, return, execution of such writ or precept, 7 tV S U\ 3. c. 95. s. 2. Disnef.sJh'.Sral. 11. 'Jo be endorsed. s. S t i < • i i officer (i.e. to whom ill ■ execu- tion of the precept doth :;pp. ■; t/.i, .. ; shall in- dorse the da\ he receives it on the back, in the presence of the person from :-l-nm he reeeived it. 7 ^" 5 J/\ J. C 2o. * I. Dzsnt'f/'s I'd. Slot ; I. 106 BOROUGHS AND TOWNS. [CHAP. VII. 9. The proper officer of the cinque ports shall be allowed six days from the receipt of the writ to the delivery of the precept. 10 cV 11 W. 3. c. 7. s. 2. Disney s El. Stat, 17, 18. 10. Numerous instances occur of petitions against elections and returns, complaining of persons not being the proper returning offi- cers having b}^ indirect means got posses- sion of the precepts, and presided at elec- tions. Hey w. Boroughs, 130. 1 ] . Mr. Serjeant lleywood, on rhe 7 6f 8 W. 3. c, 2/5, observes, that the statute is not confined to sheriffs of counties, but extends to all officers to whom writs of election were usually sent, and whose duty it was not to proceed to the elections themselves, but make out their precepts to others : thus it includes the sheriff of Southampton, a borough which is a county of itself ; because he issues his precept to the mayor and two bailiff's, who are the returning officers, and the proper officer of the cinque ports under whose precept also all elections are made. Heyw. Boroughs, 129. 19. Lord Coke notices what, indeed, ne- cessarily follows from the statute of 23 II. 6. that if the city or borough elect before the receipt of the precept, such election is no- thing ; and they must proceed to election c»IAl\ VII.] BOROUGHS AND TOWNS. 107 again, after the delivery o: chc precept. ,S7- )m on. U-i, Sect, ii. — Xot.cc ofEhetiuu. i . Lvery such officer; i.e. havmu the ex ecu- lion ot the precept )s hall fori hwithduse notice or the time and place of election to be given ; ami shall proceed to such < lection within t^/i/ S4. the nu- tiec was given on a Stiudm/, a petition was pn sented ; and drojijjed. as Mr. Lttthrs eon- jectures, because the parties thought they had no good gioiind to prosecute. Jhyic. JioruHifhs, I jo. :]. As to the four days, it has been usual to reckon one of those days inclusive, the other exclusive: thus, to iii ve notice on Mon- dutf for an elation on 1 inlay ; and this con- struction is supported, not only by general usau'e, bnthv a decision of the house, llciju'. })ornt(i±ns\ Io\S, 4. Where !>o! h the days of giving notice and nroceediuu to election, have been reckoi;r holding the election. ■ ;! (lio. y X. 1). This act to be in force Lil 1st Anyivt. IS !.> onlv. Ibid, a o \\ c 2 UOKOUGHS AKD TOWSS. [cHAP. VIII, CHAPTER VIII. Proceeding at an Election for a Borough or Town. Sect. i. — Reading the Precept and Statute. 1. Any election or voices given before the precept be read and published, are void and oi no force : for the same electors after the pre- cept read and published, may make a new election, and alter their voices secundum legem consuetudinem parliamenti* 4 Inst. 49. 2. All officers having- the execution of any precept shall immediately after reading it, read this act against bribery. 2 Geo. 2. c. 24. s. 9. Disney s El. Stat. 60. 3. Where the right of election is in fhe whole or in part in freemen, this act shall be read immediately after the bribery act, 3 Geo. 3. c. 15. s. 7. Disney s El. Stat. 102. Sect, ii. — Oaths to Returning Officer. 1. Returning officer having execution of precepts must t^ike the same oath as sheriffs, 3 CHAP. VIII. \ BOROUGHS AND TOWNS. 1 1 5 by 2 Geo. 2. c. 24. ; and in this respect, all things applicable to counties are applicable to cities and towns. Counties. ('Imp. 11. s. ii. Sect. iii. — Candidates. 1. Who is a candidate, same point as counties; see Chap. 11. s. iii. l 2. Candidate for a city, borough, or cinque- port must be seised of, or entitled to. an estate freehold or copyhold for life, or some greater estate in England, Wales, or Ber- wick-upon-Ticecd, of 3001. per annum, abo\e reprizes. $ Ann. c. 5. s. 7. 3. lie must take the oath, mutatis mu- tandis, prescribed bv the statute; and the rxception in the acts are the same as in comities. Sec Chap. 11. s. iii. 4. Personal disqualifications, same -- counties. See Chap. 11. ,v. iii. Scrt. iv. — Taking the Pol!. J/ ho is to take it . 1. I r often happens, that it is a matter n: dispute in a borough, icho is to take the poh. i. e. who i c the returning oilier ; .Air. St-r 114 BOROUGHS AND TOWNS. [CHAP. VIII. jeant Jla/icood says, returning officers may be classed such as are so by common law, or by charters. Heyw. Boroughs, .34. 2. Lords, and even ladies of manors, have been permitted to make returns. JFIet/ic. Bo- roughs, .54. 3. There are instances of this duty being performed by " bailiffs of the district in " which the borough is locally situated." By " the stewards of the lords of boroughs." By " the bailiff of the lord of manor in which " the borough is situated." By " the bai- " liffof the lord of the city or borough." By " the sub-bailiffs, where the precept is " directed to the bailiffs." By " the consta- t: hie," where" the borough remains in the Ci situation of a vill at common law." By " officers called vianders/' By a "portreeve." IJei/w. Borough?, o4-60. 4. In corporations, this depends greatly upon their charters, which sometimes have described the officers who should preside at the election of members, at others, that right has devolved on the superior corporate offi- cer without any express appointment : in both cases, it is manifest that the charter is the foundation of their claim. Ilcyw. Bo- rot; gits, 60. :'>. A general rule which holds good in most cases, is, that the precept will be a safe C ■ H A P. V 1 1 1 .] BOR ( G !I S A X D TO \Y XS . 1 1 J guide to go by to discover who has a right to preside at elections. Tic //v. Boroughs, .37. 1). Jt' a person acts without riirht, he is punishable by the House of Commons. Hci/ic. Boroughs, GO. 7. The law of parliament lias departed from the general law of the land ; and elec- tions made under usurping presiding officers, where there has been the form of an election, have been uniformly supported. Ilcyic. Bo- roughs, 0'2. 8. Whenever it is disputed, who is the legal returning officer, which often happens in cases of double returns, the decision rested formerly with the House of Commons, and now rests with the select committees, by 'J 8 (ho. :). c. .30. lit uw. Boroughs, 6,3. 9. No person to whom it belongs to make return of members to serve in parliament, shall be chosen into the same oiiice, the year immediately succeeding. 9 Anne, c. 20. -) the committees would not hear evi- dence to contradict a determination on the ri'»ht of voting. 3 J)ow>\ 3b. 6. Hut it seems that the last determinations have been explained and extended, frequent- ly. 3 Doug. jG. ii. (C.) Iliyic. Boroughs, 222-256. 7. To have been a last determination (be- fore the 2S Geo. 3.e. .32..) it must have been an express resolution of the house itself, or expressly adopted from the committee. Si- meon. 1,;7- S. Now thep olution of a select commit- tee, under certain regulations, is. by act of 120 BOROUGHS AND TOWNS. [CHAP. VIII. parliament (28 Geo. 3. c. .52, s. 27-, &c.) made conclusive. Simeon, 137. 9. A last determination should be so clear- ly and accurately laid down, that no reason* able doubt can arise upon the construction of it. If there be any ambiguity upon the face of it which will admit of two meanings, the true construction must be found out be- fore the rule can be ascertained. Simeon, 137. 10. It is a principle of construction to ex-= tend rather than to narrow the right of vot- ing, in favour of the franchise. Simeon, 1;39. Voters, Freeholders, Value. 11. It has been observed, that no a^ree- ments of the candidates or other persons can alter the right of election. 12. Before the statute of 8 Hen. 6th, e. 7. was passed, there was no limitation in the annua] value of the freeholds which were to entitle their owners to vote. That statute respects counties only. 13 Geo, 2. c. 20. re- spects towns being counties ; and the 10 Ann, c. 23. and the 12 Ann. c. 5. are confined to counties : so that the freeholds in boroughs and town, as to value, are left as at common law. Rcyw, Bor. 390,392, CHAP. VIII.] BOROUGHS AND TOWNS. 121 Possession . 1:3. With respect to freeholders entitled to vote at elections in cities and boroughs not being- counties there is no limitation imposed ; but they may vote in right of freeholds con- veyed to them at any time, however short, before the election, provided their convey- ances are made bona -fide, and not fraudu- lently, on purpose to quality them to vote. Heijic. Bor. 406. Assessment, 14. The IS Geo. 2. c. 18., extends only to *' election of knights of the shire," and 20 Geo. 3. c. 7., to " county elections." Both regulating assessments. See Disney's EL Stat. 76, 117. 15. Mr. Serjeant Hey wood has noticed these acts, as they affect cities being coun- ties, but not boroughs merely. Heyw. Boroughs, 40S, Splitting Votes, 16. The provisions made against fraudu- lent and occasional votes for counties, apply m general to votes for boroughs also. Heyu-. Boroughs. OPS. Sec Counties t Chap, 11. s, v, /■•/- 117. 122 BOROUGHS AND TOWNS, [CHAP. VI IT. Annuities. 17. It is to be observed that the 3 Geo. 3. r. 24-. ; which regulates votes in right of annuities, is an act to prevent fraudulent votes in " elections of knights of the shire, arid of " members for cities and town.-; which are ii counties themselves." And the enacting part includes voters ' ; for electing members " for such cities or town." Disney s .EL Stat. 103, 104. IS. Formatters which may affect the free- hold generally, see Counties, Chan. Is, s. v. pi. 1. c^c. i> u rgage- h Ide rs . 19. I come now to the first class of the rights of election, by burgage tenure, which is considered as a real right annexed to the soil, and cannot be lost though the tenement- are destroyed, so long as the evidence of the. risrht remain, Simeon, 110. 20. In the second Doicnlon case, a burgage was defined, to be, "an entire indivisible '- tenement, hoiden of a superior lord of a '• borough, by an immemorial certain rent '"'- distinctly reserved, to which the right oi '• voting is incident." Simeon, 111. '21. a burgage may be he id of manor, ol which il is not parcel-: but it does not aive a vot< . fit .'-■, *' oi.'ghs. '.'■•".' CHAP. VIII.] BOROUGHS AMI TOWN 22. Tims in Doicnton, there are bur gages bulled halt' burgages, and quarter burgag s > bin where these arc not create:! within tin* inn.' of memory, but have in -on i nimemonaliy entire, tl it v give • right of voting, and are, in truth, taken to be entire burgages ; but no division, made within time of memory, can give a right which belongs to tin? entire burgage only ; .md on that reasoning pro- bably the first Downton case was determined. S i m < an. 112. 2 Fro sir, 2;J. If the parcels in the conveyance to the voter, or to these uw!< r whom he < laims, can be construed with propriety, as includ- ing tlie whole burgage, it shall, though some [K.rts he dropped in the enumeration. Suii^on, 1 1 J. 2i. So where a rent in I6T1, had been since dearie subdivided and multiplied, and was payable in distinct portions; for they must be considered as distinct reservations upon tin 1 broken [-arts of the burgage. S/- })u on. \ I ;}. •J >. A variance in tlie rent will not preju- dice, if the entire! v of the burgage be proved by boundary. Sn.>:;o;i, lit. 2a. These burgages being excepted ex- pressly out ol ihe Drrr/i-nn act, niav be con- veyed at iiiiv time before the election : but the convevances and titles must be as strictly 124 BOROUGHS AiND TOWNS. [CHAP. VIII. made and proved, as if it was a real sale for a valuable consideration, and the question of title was in issue, in ejectment. Simeon, 114. 2 Fraser. 27. In most if not in .every one of the burgage tenure boroughs, there will be found traces of a court of some description, through which the lord, in feudal times, administered justice to his vassals, and at which all his burgage tenants were bound originally to attend as suitors. Hetjw. Bar. 2>30. 28. The nature of this tenure will be illus- trated by a reference to the proceedings re- specting some of the boroughs, where the right of voting is confined to it ; and from them we may gather, that the paying a certain rent, reliefs, and fines on alienation, and cloinG; fealty and suit at the lord's courts, were its usual incidents. Heijw. Bor. 200. 29- But the payment of rent, or the per* formanee of any particular duty or service, was not anciently a necessary incident to, or a distinguishing characteristic of burgage tenure. Jleyic. 263. 30. In the Horsham case 1792, the irregu- larity of the, rent was received as one circum- stance, to disprove the identity of the tene- ment, for which the vote was claimed ; but in the case of Wm. JIardcs, where the rent had varied, but the identity of the premises was f'HAP. VIII . j BOROUGHS AXD TOWNS. \'J5 satisfactorily proved by the boundaries, the vote was held good. Ifa/u\ Bor. 264. si. So that the tenure of burgage is from the antiquity, and their tenure in socage is The reason of their estate : and the right of election is annexed to their estate, so that it is part of the constitution of England, that, these boroughs shall elect members rc» serve in parliament. whether tliey be boroughs corporate or nor corporate : and in that case the right of election is a privilege annexed to the burgage lands, and is as I may probably call it a real privilege. Hc>/h\ Bor. 266. 32. But there are many towns, sending no representatives to parliament, in which burgages have existed from time immemorial ; and boroughs represented in • parliament in which are burgage tenements, whose owners or occupiers have not, as such, the privilege of voting. TIet/w. JJor.QGT. 33. It is hardly necessary to observe, that rhe right of voting is not confined to bur^a^e houses ; but that the tenements which give the privilege frequently consist wholly or in part of lands. Heific. Bor 26°. Splitti n <■■- Bur vap-i j„ 34. The 7 and S W. 3. r.Q5. s. 7. conimc n ly called the splitting act. has. in seven* I 26 E O R O L' G II S A \ D TO W N S . [c II A . P . VIII. cases, been held to be applicable to burgages (see i Peckw. 32 1.) ; but there has boon much doubt upon this point: and many cases m which it was held, that burgages are not within the splitting act, are collected by Mr. Serjeant Ileywood, in his volume on Bo- roughs. Ed. 35. These half and quarter burgages, (see ante, pi. 22.) are not so denominated, be- cause they contain such proportions of entire burgages ; but because they pay such propor- tions of their ancient annual rents, lleyw. Bar. 276. 36. When these divisions of burgage? were made, cannot now be traced ; but ac- cording to the modern decisions, it is neces- sary, in order to account for some of them, as well as entire burgages carrying votes, to suppose that they were so granted out ori- ginally by their lords. Ilet/w. Bar. 273. 37. The word indivisible, (see pi. 20.) must be understood with some restriction : for it has never been contended, that a bur- gage tenement may not be divided, and the portions conveyed to separate purchasers. The ben* ficial law passed in the eighteenth year of Edward the first, known by the name of the statute of quia nuploris* which ex- pressly, provides quod dc r, ',)■■ Herat uni- cuvaut lihtro homhu terrain vaaiu sen hue- CHAP. VIII.] BOROUGHS AND TOWNS. I ?7 ■mm turn sen partem, hide pro vohintalc sua vendcrc : and that tho feoffee shall hold im- mediately of* the lord of the tee, by the same services as the feoffor formerly held, is un- derstood to extend to this tenure; so that the tenement is divisible, exactly as if it had been a common freehold ; but according to the decisions in the Dovnhm and other cases, after such division, the right of voting be- fore annexed, to tho soil of the whole, does not follow each of the separate parts. Het/w. l>or. '27 s. JS. in the common law, no prohibition to exercising this privilege is found ; but by the law of parliament it has been supposed, thai portions of a burgage tenement entitled to vote 1 if split within time of memory, do not transmit that right to their holders. Jlujic. Bar. 27:). 3 is necessary to give him a complete title before h»; can be entitled to vote This possession is usually given by the means of the lease foi a yeai which precedes the deed of release and it seldom happens, that voters are in tin actual possession of the tenements eilhci by MO BOROUGHS AND TOWNS. [dlAP. VIII. occupying- them themselves, or receiving the rents and profits from those who do occupy them. Heyw. Bor. 306. Identity. 18. As to the identity of the burgage, live points are generally made the subject of en- quiry. I. The name of the burgage, which, ii found in all the deeds to be the same, would afford a presumption in favour of the identity of the burgage. i L r I he contents, which are extremely ne- cessary to be considered in this tenure ; be- cause, if any part of an aggregate specifica- tion were afterwards omitted, that omission, if no satisfactory account were given of it, would undoubtedly destroy the vote. ill. The boundaries ; which, if all along described in the same manner, will create a strong presumption in favor of the contents. J\ . The rent , for though rents may be re- leased or abandoned by the lord : where that is not the case, ii' the rent is lessened, and the contents are not proved to be the same, the presumption is, that the burgage is not entire V . The situation of the streets. 2 Fraser, 5(k A[). In the Horsham case, the following five propositions, as descriptive; of a burgage vote were referred to from 3 Luders. 910. f il A P. VITf.] BOROUGHS AND TOWNS. 131 I . 1 11 a proper burgage tenure borough, the tight to vote is incident to the freehold inte- rest of every burgage. I I . Sucii right may be suspended, but can- not be extinguislied. I ) ! . Iv.ery ancient tenement situate within such borough, and held bysocca^e tenure, is a burgage. 1 \ . Tht" characteristics of a bursrae;e are. that the tenant is liable to pay to the lord of the borough, a rent certain, a relief upon descent, and a fine upon alienation. \ . The question, whether a tenement is li is not a burgage being a question of pre- scription, the affirmative may be established bv any of the modes of proof by which other prescriptions or customs are proved. 2 Fra- [<:, k " 132 BOROUGHS AND TOWNS, [CHAP. VIII- determinable upon life or lives, within the borough, have a right to vote. Heyw. 41 1. Corporators and Freemen. .52. The corporate right of election is pre- scribed by charters which are mostly exist- ing. This right of election is modern in com- parison with others. Simeon, 115. 53. By the common law, all elections of corporate officers, depend upon the legality of the election of the presiding officer : he must be not only in possession of the office de facto. but he must be entitled to hold it de jure Heyw. Bor. 61. .54. It was said that P. Deane was disqua- lified by the Durham act, not having been in possession of his franchise for a year before the election ; but it w r as answered that the Durham act only applies to those voters who claim in right of their freedom, whereas it is not the being a freeman, but the being a capi- tal burgess which gave a right to vote at Har- wich. The vote of P. Deane was determined to be good, 1 Peckvs. 400. 55. No freeman to vote at election of mem- bers, unless they have been admitted to their freedom twelve calendar months before the first day of such election. 3 Geo. 3. c, 15 i\ 1, D^neys EL Stat. 100, 7 chap, vrn.1 noRorcns and rowxs. 1.0.3 .■5l). This act does not extend to anv person entitled to his freedom by birth, servitude', or marriage. 3 Geo* 3. c. 1.5. s. 2. Disney's EL Sfa f ioi. .37. fVi.eiv on antedating admissions oi freemen. : 3 C > 3. r. 1.5. 5. ;3. Disney's EL Stttf. 101. 08. The books and papers oi admission 0: freemen to he open to inspection, upon de- mand by anv candidate, his agent, or two freemen; and copies and minutes of admis- sion to be given upon reasonable payment, And the books, &c, to be produced, it de- manded, at every election, ,'j Glg. 3. c. 15. s. 4. Disney's EL Steit. 101. oO. Penalties how recovered, and limita- tion of prosecution. 3 Geo. 3. c. 1/5. s. o, (I. Disney's EL Slat. 10'?. 00. In the case of Guifford.3d of Ftbiuary^ 1710, it was admitted before the committ* ; of elections, "that one who has served a : seven years apprenticeship in the town to a in (.man is, iiiso facto ^ a ir-'eman." ; Doug. 27 \. 01. In the ( ase of Sudbury, ('J />(■:/:.- I ' ■[Jai.>. 1 7 ().-;. " thai persons havi ;g cer- •• 1 nil inchoate rights to i!v< dorns oint ion, hive a right to vote wit fl- out any admission." 1 Dong. 27-. \ ud v [i« : e the election was lid _>■• 15% BOROUGHS AND TOWNS. fCHAP. VIII. Monday, and the application to he admitted was made on the Sunday preceding, it was held as sufficient. Oakhamptons case, 179 K since the 3d of Geo. 3. Simeon, 118. 1 Fra. 166. 63. So where a court was held on the Sa- turday before the same Monday, at which the voter might have applied, and did not, but applied to the mayor to hold a court on the Monday morning, who refused, the vote was held good. In these cases the antecedent title was admitted to be clear. Simeon, 1 1 8. 64. In all cases where the corporator has been in undisturbed possession of his fran- chise for such a period as to be good against a quo warranto, the committees will not enter into any objection to the title of the voter ; that period, by analogy to the statute of li- mitations, was formerly settled at twenty years. Simeon, 119. 65. Since this, however, the judges of B. R. have concurred in favour of corporate rights, to fix it at six years. 1791. Simeon, 120. 66. The mode of election may be regulated by a bye-law of the corporation, fairly and properly made, so it be consistent with the charter, or the law of the land : and long usage is evidence of such hye-law. SinteonAQO. 67. By the constitution of some ho. CHAP. VIII. "j BOROUGHS AND TOWNS. \3) roughs. Iionorarv freemen or burgesses have voices in ejections for members ol parliament . Durham, Hertford, and a variety of other places exhibit instances of this species «>t rijjht. As such persons must be regularly admitted according to the rules and customs of the corporation, such admissions must be strictly proved. Simeon, 121. (is. I I'anv question is made upon the iden- tity of the person polled, with the person of the same description enter* d in the corpora- tion book, the onus proband! shall be oh the party objecting 1 . Simeon, 123. ()[). It is not necessary that a corporation should remain complete and entire in all its parts to exercise the right of voting'. Sinuou, 70. I hat persons whose admissions were stamped after their votes were; ii'iveu, were not to hi 1 allowed as leual voters at the last election. :j Doug. 21,i. 71. That it is not necessary, by the stat. :) (iio. '.). for ;'. ■• men. whose right in every otb< r re- j)i-el is complete a vear before an election, to hav< their admissions entered on stamps twelve calendar months before, in order to (jiiahrV them to vote at such elec- tion. .) Dou'j;. 22'.). f 72. Resolved " that the voters whose ad- m:ssion^ v\eji stamped during tlicpoli, prior 13u BOROUGHS AND TOWNS. |_CHAl\ VilJ. to their voting are to be admitted as ieu;tl voters at this election. 3 Doug. 207- Scot and lot. 73. '• To pay scot," is to pay parochial taxes, and " to bear lot" to perform parochial duties, and discharge parochial offices. 3 Doug. 75. 74. Whatever was formerly understood by the payment of scot and lot, the term, at pre- sent, when used to define the right of elec- tion, means no more than the being rated to the poor. Arguendo. 1 Peckw. 103. 75. The same meaning is given to the term. 1 Doug. 140. 76. Resolved. Milbovne Port case. c; that i; persons rateable and having paid to the * : rale, though that rate be made by officers :s illegal or doubtful, have a right to vote as u inhabitants paying scot and lot. " J Doug. j 29. 77. The committee, Bridgwater case, de- fa rmined, " that persons rated and not having :: paid the rates before the day of election, the '■' rates Slaving been legally demanded, and no " fraud appearing on the part of the overseer-, '• are disqualified from voting/' 1 Pickw. 10S. 7S. WihJud. 1699-1700. Resolved, " that: •• the mayor, aldermen, and all the inhabit. - ' ;:.nts within the boroun'b of !Ne\i uk-upo 1 ' CHAP. VIII.] BOROLGIIS AND TOWNS. 1.37 "Trent, iii the county of Nottingham, who " pay, or ought to jwt/, scot and lot. within '■ the said borough, have a right to vote at the '•election of members to serve in parliament i; for the said borough." 3 Duif(. 101. ? ( j. A person who iias been rated and ex- cused paying the rates upon his o .vn f ) pli- cation, is not disqualified from voting for a number of parliament for the borough of Colchester. 1 Pcckiv. 50J. 50. if no rate is made for a considerable period, and a new occupier wants to have a vote, he shall not have it unless hi- obtain a rate to be made by mandamus, if the over- seer refuse. But perhaps such a measure as tins would hardly be exacted by a committee, ii ilien: was satisfactory proofthat the making li.i rate was fruudtrfitithj deferred. Cnneo)), 1 i ['. 51. Voter rated by a wrong christian name reje< Led as a bad vote. 2 Peckh\ ,,'<.). s 2. it seems unsettled whether an overseer can K" compelled to produce the rate at the elecKon ; but (he vveiu.'ht of reasoning and an- : , are in favour of the o\ union that he is <<.-.. :■. ii ible. •; Peck. ■'. i. and n. \\\). Ibid. - ). . ■ - ! ■ .; : • ■ i >'. ;if;)ruli rs. 9b, ii was ivpiin si io be -law, n, that th< VOt(-)'- - , who?'<: HVe t ! ulii\ Was insisted K3S BOROUGHS AND TOWNS. [CHAP. VIII. had doneall in their power to have their names actually inserted in the rate. 1 Peck. 482. 84. The voter having stood on the rate for five years, and no appeal having been made, tlic committee would not receive evidence to shew that he had no rateable occupation, unless criminal partiality could be proved against the overseers. 1 Peck. 484. 8.5. The committee, Leominster, 1796, where a voter had voted, would not hear evi- dence to shew that he had not any rateable property. 2 Peckw. .394. So. No person shall vote, (inter alia), " as ir an inhabitantpaying scot andlot," unless he shall have been actually andbo/z# fide an in- habitant paying scot and lot, six calendar months previous to the day of the election at. which he shall tender his vote. 26 Geo. :}. e. 100. s. 1. Disney s EL Stat. 161. 87- The statute not to extend to persons acquiring possession by descent, devise, mar- riage, marriage settlement, or promotion to an office or benefit. 26 Geo. 3. c. 100. s. 1. Disney's EL Stat. ](]]. 88. The act 2(> Geo. :3. c. 100. has been held, after much argument, to extend to ' ; in- '■ habitant housekeepers paying scot and lot," though housekeeper seems to he a super- added qualification, against sect, J. of the act. Si DKOii. 1 28. (n). C II A P. V 1 I 1 .] BO R O 1,'GHS A N D TOW \ S . \ 30 Potical/ers. ;,)). It was agreed that a poticaller is a per- son who furnishes his own diet, whether he be a house-holder, or only a lodger. L /)««». 371- 00. It has been said that the journals of the House have recognized that apprentices cannot be potwallers qualified to vote. I Dong. :)~ 4 I . Householders and Initiates. oi. Resolved, in Cirencester case, 1792, that no person can be deemed a householder who dots not possess an exclusive right to the use of the outward door of the building, although by taking inmates he may have re- linquished for a time the exercise of that exclu- sive right ; neither can a person whose habita- tion is composed of more apartments than one be deemed a householder, uii'e.ss healso pos- sesses an exclusive right to the use of the stair-case, door-way, or other passage that forms the means of communication between his several apartments, although bv taking inmates he may have likewise relinquished for a time the exercise of that righ;. Tii exclusive right is the criterion !>■ t ween householder and inmate. 1 he outKurd door (<> the bu lidi, ■;:■•• d - not 1 '0 BOROUGHS AND TOWNS. [cilAP, VIII. 4 include within its meaning the gates or out- ward door of a court or passage open to the sky. A house may contain but a single apartment, yet it does not follow as a neces- sary conclusion that a single apartment, though furnished with a separate outward door will constitute a house ; for a shop or stall, unless it be used as a dwelling, is cer- tainly not a house. " That it is the opinion of this committee " that the 1 gal meaning of the terms house- " holders and inmates must he determined on L ' the general principles of the law of the land, kt not on any ideas suggested by local usage. " That it is the opinion of this committee, " that if a passage is considered as a street " passage (though covered), all the houses " that have separate outward doors opening " into that passage, are good votes." 2 Fraser, 419, 4 .51. Papula . 9'-?. In the case ol Honitcn, !, [(;. j.hc word populace is used both by lit.- parties and the committee as different from " inha- ■'' bikinis, householders pai/int? seal and /e/, :> and synonymous to " potwallers." 3 Doug. .:'■(>. u. (B;. 93. Resolved, " that in the last detcnui- :; nation of this house, &c. the wool pup u key f. . H A P . VIII.] B R O U CHS A X D To \Y X S . I 4 i iv theit-in mentioned, extended only to the *' inhabitants, housekeepers or the said town ■• and port paying- scot and lot." :) Laders, 3S, 9. 91. Popular v, in the ease of Sea ford, was explained by the house to mean, '■ inhabi- " /<-/;//.v housekeepers paying scot and lot." Onne. 9.31. Commonalty. ( J5. The house determined, 2d March, 1769, ' ; that, in the last determination for •■ Bridport, the words ' commonalty in gene- '-'' /Wextendsonly toinhabitants householders " pnyino; scot and lot." Journ. vol. xxix. p. 205, co/. 2. />. 20.5. col. 1. 2 DoMg-. 293. 9b. In Poole the word commonalty means the inhabitants who are incorporated by the charter. 2 Doug. 256. Inhabitants. 97- In common lan^ua°-e when we talk of the inhabitants of a parish, who arc meant but those who arc? permanent householders tluav? Thus Lord Coke, in his commentary on the statute of 22 Iltn. S. e. .3., 2 /«a7. 703., concerning lie- reparation of bridges in hi^h- ways, expounds inhabitants ( no qualifviny 142 BOROUGHS AND I OWNS. [cH A P. VI t 1. epithet being super-added) to mean, "such '• as be householders." 3 Doug. 81. 98. Resolved, " that where no custom nor " charter for election ; there the inhabitants " householders ought to make the election." 2 Doug. 2:3:3. 99. March 17th, " J. IF. Vaughan ; resi- " deuce, Princes Street ; it appeared that he " carried on his business in Princes Street, " but that he slept in Orange Court, where, "his freehold was, and where another " person lived as a lodger." The committee decided the vote to he bad. 2 Peckw. 56. 100. Lord Coke, more fully speaking. in the same place, says : " if a man dwelleth in a "foreign shire, riding, or city, or town cor- " porate, and keepeth a horse, a house, and •• servants in another shire, riding, city, or " town corporate, he is an inhabitant in each '•shire, riding, city, or town corporate, &c. v - j,.v vi termini. Every person that dwelleth '• in any shire, riding, city, or town corporate, " though he hath but a personal residence, " yet is he said in law to be an inhabitant or a " dweller there, as servant, &c." But this statute extendeth not to them, but to such as he householders. 2 Inst. 70:3. 101. A person having prior connections with a borough, took a house at first tor four years, but afterwards at his landlord's request chap, viii,] nonorniis and towns*. 1-13 for one ; he slept there one night previous to the election (of himself, as bailitf ),did not re- turn again for nearly a month after, when he staid two days, but retained possession of his house during" the whole time under his lease. The court of K.H. thinking - it a bona fide tak- ing, held this a good residence. ."> T.R. 466. Result nee necessary. If) 1 ?. The statute of c 26 Geo. :j. enumerates the following sorts of voters : inhabitants paying scot and lot ; Inhabitants householder, housekeeper, and potwaller, legally settled - Inhabitants householder, housekeeper, and potwaller ; inhabitants householder resiant : Inhabitants of such, &o. And enacts, that they shall not vote unless they have been " actually and bona \/(de" such, six calendar months previous tothe day of the election at which they shall tender their votes, 26 Geo. :j. c. 100. s. 1. Disney s El. Slut, lb I. !();]. Not to extend to persons acquiring possession bv descent, marriage, or promotion. •26 G<<>. ;>. c. 100. s. 1. Disney's El. Slut. \6\. 101. Not to extend to any inhabitants with super-added qualifications. "26 Geo. 3. c. 100, s.2. Disney s El. Stat. 16 1. 10.3, Hut it has been extended to '• inha 144 BOROUGHS AND TOWNS. [CHAP. VIII. " bilants housekeepers paying scot and lot." Simeon, 128. 106, Every person claiming to vote at any city, borough, or other place where there is no other oath or affirmation of qualification, other than the oaths, &c. against bribery, of allegiance, supremacy, and abjuration, shall, if required by any candidate or voter, take the following oath. " I do swear, (or affirm) that my name is "A. B. and that I am {specifying addition, li profession, or trade) ; and that my place of li abode is at in the county of " [and if it is a town of more streets than one, "specify the street]; and that I have not be - " fore polled at this election ; and that I verily " believe myself to be of the full age of tvventy- -• one years/' 25 Geo. :3. c. 84. s. 5. Dis- ney s EL Stat. 152. 107. A voter wished to insert two places of abode in the oath, tin 1 returning officer re- fused his vote at the election, but a committee- admitted it. 1 Peckw. 390, 2. 108. Personal disqualifications are the same as in counties. See Counties, Chap, 11. s,v. C H A P. IX.] BOROUGHS A N D TOW S 1. 1-k CHAPTER IX. Proceedings after an Election for a Borough or Town. Sect. i — Making the Return. 1. The return should be made by him to whom the precept is directed. Heyic. Bor. 57 . 2. As the stat. 10 and 1 1 W. 3. c. ?. extends to all returning officers, see ante, Counties, ChapAU.fi. 1. ;3. Though then 1 lie no dispute as to the returning officer, double returns often take place where the right of election is uncertain, and the n turning officer will not take upon him to decide it; or where an objection is gainst a class of voters who stand in particu- lar circumstances. It is frequently made also '.vh»-iv there is an apparent equality of voices. 1 Peck. 17. ?. in other respects see Scrutiny, Chap. \\\\ v. iv. 5. Must he .sealed and indented. See Chav, ill s. i 146 BOROUGHS AND TOWNS. [CHAP. IX. 6. The 10 Ann. c. 23. being made for elections" of knights of shires'* does not ex- tend to boroughs or towns. So that (section 6) that act requiring poll-books to be deli- vered to the clerk of peace does not affect them. See Disney's El. Stat. 36, &c. ANALYTICAL TABLE OF CONTENTS. Chapter I. — proceedings previous to a COUNTY ELECTION. PAGE 1 Sect. i. Issuing of the Writ ib. To whom directed - - ib. At a general election - - ib. On a vacancy - 2 During a recess - - ib. To whom delivered - - '.} Must not be to a candidate - ib. To be indorsed - -4 Sect. ii. Notice of Election - - ib. When to be given - - ib. Where to be given - o Sect. in. Erecting ftooths * 7 When on a sudden contest. - ib. As to the expences of - 8 I'll A PTLK 11. — PROCEED I N(.S AT THE ELECTION 9 Secti i. Heading the writ and statute - ib J48 TABLE OF CONTENTS Chap. IT. Sect. ii. Oaths to the Sheriffs PAGE 14 ib. Sect. iii. Candidates Nominated after election begun ib. Need not be nominated > D - Qualification - f 3 Must be in land Mav be in Ireland Must swear toil ii" required Personal disqualification Guilty of treating Placemen _ Minors - ~ if Aliens, &c. - - 1S Feions, outlaws, &c. - l!) Popish recusants - - 19 Clergymen Returning officers - - 20 Sect. iv. Taking the Poll - - 2! Poll clerks - - - 2 - Inspectors and, checque-books 2 Beginning and duration of the poll Riots at the poll Voting at a wrong booth - 25 Commissioners for administerng oaths ib. Places provided 2*i Castinii up, closing the poll, and scrutiny zn Mistakes in the poll-book May be corrected - 31 Scrutiny - 3J At a general election - - •> 1 During a se.-.tfton or prorogation 3 > Sect. v. Voter- Fieeholds - lb - in tenure - JJ ' OQ ib. 'Z.t TABLE OF CONTENTS. 1 W< 11. S. V. PACK. Value - .'57 Freehold interest - - :s i ) Trustee or mortgagee - - -j-2 Equitable title - il). Joint-tenants, •_' Variance between poll ami assessment j.'i Situation of freehold - - o.o Not duly assessed - - O'O Form oi' assessment - - o'l Lauil-tax red* fined - ;* Prohibited by statute - ib. This was so b\ comim >n law o ! All conveyances and deeds for making votes are absolute to grantee - - o > Producing title-deeds - - or Annuities Granted after June, 17 * - ii>. : l 150 TABLE OF CONTENTS. Chap/ II. s. V. fact;, A permanent interest in relief seems to be the criterion - 78 Revenue officers - 7!) Post-oilice servant? 80 Peers - - 81 Returning officers - ib. Candidates * Si Quakers, Papists, Jews - ih. Outlaws, Excommuuicants 83 Felons - - 84 Persons guilty of perjury - 85 Persons guilty of bribery - ib. Smugglers - - So Polling twice - - ib. Polling at the wrong booth SO Chapter III. — proceedings after a county ELECTION. Sect, i. Making the return - - 87 Indented and sealed - - ib. Within what time made - 88 Sufficient if good in substance - SO Making up the poll-books - DO Send), that checque-books, as wejl as poll-books are to be de- livered to clerk oi' peace - ib Chapter IV. — proceedings previous to an KLECTl'ON TOR A CITY OR TOWN BEING A COUNTY. Sect. i. Issuing of the Writ ~ - -"- Sect. ii. Notice of election - - ■''■ Sect. iii. Erecting Booths - - * ^ TA II LK OF CONTEXTS. 151 PACi L. OllAi'l! It V. — PROCEEDINGS AT AN ELECTION r O II A C IT Y O !t TOW N 15 E I N G A C O L' N T V . Sect. ;. Heading the Writ and Statute - 95 Sect, ii. Oaths to the Sheriff - ib. sect. iii. Candidates - - lb. Sect. iv. Taking the Poll 95 Si j ct. v. roten, Freeholder* - - 97 Value - - 99 Possession - - ib. Assessment - - 100 Splitting votes - - 101 Annuities - - 102 Personal disqualifications - 102 Chapter VI. — proceed ings after i'iie elec- tion-. Sect. i. Making the return - - 103 Sect. it. Making ujj and dtliiering pull-bo jks - ib. '''ha p g;k VII. — proceedings i'kf.viocs 'io an lli.! uo.n ton \ borough (,.: row:;. Sect. i. Issuing the Writ and I'/.n^t T< i ,\ ttoiii delivered J low directed I o be cii' loiscd CitK'ue L\ rts 101 ib. loj ib. lt»0 152 TABLE OF CONTENTS. Chap. VII. Sec t. i i . Notice of elect ion Four days, how calculated Where notice to be given In Wales Sect. iii. Erecting Booths Candidate's liability In Westminster PAGE, 107 ib, . 10S lOi) ib. • 1 1 111 Chapter VIII.— proceedings at ax election JfcOR a borough or town. Sect. i. Reading the Precept and Statute Sect. ii. Oath to returning officer Sect. iii. Candidates Sect. iv. i akuig it: ■" t Of. Who is to take i Taking the poll Pnl!-pU'rl.-s ...fL (V>ntinis»ione!s Scrui >.■'■ -•:•;, V. ' OlClS Last detei ruination 1\ ot lo be contradicted May be explained ['rt:i bidders, value Possession Anses^nienl Splitting \oti - !\nuv;it".cs ■, i 13 1 L5 VI o I i i I IS b. it). ]]« ib. l.v i .' ': ib. TABLE OF CONTENTS. i O.J f'liap. VIII. s. v. pac; i:. Splittingburgages - \-lh Half and quarter burgages - li(> " Indivisible," how understood i!>. Value Interest Producing title-deeds Identity of Burgage Copy holders Leaseholders Corporators and Freemen Durham act I tichoate rights \ lonorary freemen Stamping admissions Scot and lot Df fined - - to. As to rating - - L37 f )\-i ,'•-( fi compi liable to prod the rate ; qu. - in Potwaikrs Hot: -t •'.' • :• lets and Inmates i ■.. Popuiary - - t-!(« ( '()l!>i!;( i|ialt\ - - 1 ' ( Inhabitants - - in, Ki sidenct- ta-eessarv, 2(> Geo, 3. c.lOO J Ki Oath bv that statute - ] ; ; PiS ■ i: ;:■: i:;:p fliAPTEH IX. — PROCEEDINGS A1THK AN el:: XIO.N FOR A BOROUGH Oil XOAVN". Sect. i. M(d-ina the Return \ i. 1 II t E N D Law Books published by W. Clarke and Son s, Law Booksellers, Portugal Sireet, Lincoln s Inn. Ill Svo. price 6s. in boards. THE NEW STANDING ORDERS of the HOUSE OF COMMONS, as revised by a Committer, and ordered to be printed, '21st June 1811, relative to Private Bills and other Matters ; with the ORDERS cf the: HOUSE OF LORDS, and TABLES OF FEES to be taken by the Officers of both Houses of Parliament, to which are added the new increased Costs in the Court of Chancery, King's Bench, aud Exami- ner's Office in Chancery. 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