Ex Libris C. K. OGDEN ,* OR C1LIP. LIBRARY, LOS A DICTIONARY OF THE fi.tUi of WITH THE PRACTICE FROM The Issuing of the Writ to the final Decision of the Honorable House .- COMPRISING ALL THE CASES DECIDED, WITH CORRECT REFERENCES TO THE $tatute* antr Authorities ; EXTRACTED FROM The Journals of the House of Commons, the Law Reports, and the numerous Treatises on Election Laws ; WITH AN APPENDIX Containing the Names of all the Boroughs, when they first returned Members their returning Officers The various Rights of voting therein, &c. THE WHOLE ALPHABETICALLY ARRANGED & CAREFULLY DIGESTED BY A PROFESSIONAL GENTLEMAN, Many Years engaged in contested County and Borough Elections. LONDON : PRINTED AND PUBLISHED BY WILLIAM NEELY, 'CHANGE ALLEY. 1826. PREFACE. Tlie Author having by experience found, that during the hurry and confusion necessarily attendant upon the Poll at a contested Election, it is totally impossible to refer to the Acts of Parliament, the Reports of Cases on Election Law, the Jour- nals of the House, or the many able Treatises on the Law and Practice of Elections; and the Index to each of them being very defective and the matter most diffuse, he trusts that this publica- tion will not be found unacceptable as a Digest, or even if considered as an Index only to the Law Authorities. From its arrangement as a Dictionary, and the distinct references made to each case, any point may be instantly decided and reference made -to the original, thereby avoiding hours of painful and frequently of fruitless research. In the next year he purposes to publish an Edition with the Practice in Ireland and Scotland, and the Decisions of the Committee on the controverted Cases generally. London, 25th May, 1826. 1091334 ABBREVIATIONS NAMES OF AUTHORITIES TO CASES. Bur. R. or Bnr. Rtp Burrows' Reports, Kings Bench. Brady Brady on Elections. Black Blackstone's Commentaries. Corb. Dan Corbett and Daniels' Election Reports. Camp, or Campbell Campbell's Nisi Prius Reports. Com. Dig Comyn's Digest. Co. Lit Coke upon Littleton. Doug Douglas's Reports of Election Cases . Fra. or Pros Eraser's Election Cases. Glanv Glanville's Reports. Heyw. or H. C. Heywood on County Elections. H. B, Heywood on Boroughs. Hats, or Hatz. Hatsell's Precedents. Journ Journals of the House of Commons. Irut Coke's Institutes. Lud Loder's Reports of Election Cases. L. D Last Determination of the House of Commons. Male Male's Law and Practice of Elections. Pec*. . . . . * Peckwell's Reports of Election Cases. Phil. Con. Gates, or Phil. . Philip's Controverted Election Cases. Sim Simeon's Treatise on Election. S. or St Statute. SJteph Shepherd on Elections. Strange Strange's Reports. APPENDIX. An Alphabetical List of all the Counties or Shires in England, Scotland, and Wales, and the Cities and Towns of Cities, and Boroughs and Towns in England and Wales, entitled to return Members to serve in Parliament, theElec- tors, the Returning Officer, and the Right of Voting, with the Last Determination of the House. NOTE. The Figures affixed, previous to the name of the place, denote the number of Members which that place sends. The Dates of the Reign afterwards, shew the time when that place was first represented with the Page of the Journals of the House of Commons respecting such place. As the Mayor is generally the Returning Officer, that name is not repeated but where he is not so, then the name of the Returning Officer is expressed. " C. T." Signifies Corporation Town. " P. B." Ancient Borough by Prescription. " R. O." Returning Officer. " L. D." The Last Determination of the House of Commons , which is the Law as to that particular place, and The Date is that of the last Determination. A NEW POCKET DICTIONARY OF THE LAW AND PRACTICE OF ELECTIONS. AB1NGDON (Berks.) Electors the inhabitants paying- scot and lot, and not receiving- alms. ABJURATION and Allegiance, Oaths of.Ey Stat. 6 Ann. c. 23 and 13, or vote bad. Candidate, Elec- tors, or other person present, must also take it, if re- quired, fibitLj If electors refuse to take the oaths, their vote is bad. ABSENCE ABROAD from England of the member when elected is no objection. (Simeon 51.) But see East Indies. ACCEPTANCE OF ANY OFFICE of profit from the crown by a member vacates his seat. ACTION AT LAW lies against a returning officer for im- properly and maliciously rejecting a vote. (Cullen v. Morris. Male ccxv.) ACTIONS on the bribery act must be brought in two years after the offence is committed. ADJOURNMENT OF POLL without strong cause, illegal; except for a short time after the close to cast up the votes. ADMINISTRATOR. Not occupying the premises himself cannot vote. (Corb. Dan. 225.) ADMIRALTY. The secretary is not disqualified to sit, though the clerks and deputies of the commissioner* a-e. B 2 AD AL ADMISSION TO COPYHOLD. (See Court Rolls.) No person except the voter can leg-ally produce and give evidence of the voter's admission. (2 Peck. 124.) ADMISSION OF FREEMEN. (See Freemen.} ADVOWSON. Confers no right of voting. I Heyw. 62. AGENTS. 1. There is great difficulty in committees of the house in proving the agency. Proof that A. was the steward of Lord F. on whose interest the petitioner stood, that A. and the petitioner resided in the same house during the election, and that they canvassed the town together, held insufficient to prove agency. (1 Lud. 89. Corb. Dan. 62. 3 Douglas 263. Male 353.) 2. Yet where a man was agent for all lawful pur- purposes, and gave general directions that the orders of a sub-agent should be complied with, these orders of the sub-agent as to an unlawful purpose, viz. treating the voters, were held to affect the principal. (2 Peck. 31.) 3. Where an attorney had canvassed with the can- didate, and appeared as agent and paid the bill at the opening a tavern for the voters, the committee consi- dered him an agent, and received evidence of what he said when he so paid the bill. (2 Peck. 194.) 4. Agents not permitted to prove contents of deeds which they inspected as agents. (Gloster 25.) ...... 5. Authority to pay subsistence money for non-resi- dent voters not sufficient proof of general agency. (2 Peck. 185.) See Bribery 6. Attorney. Principal and Agent. Freemen. AGREEMENT or CANDIDATES. See Candidate. AGREEMENT to give. See Bribery 9. ALBANS, ST. Electors mayor, aldermen and freemen, and such householders as pav scot and lot. ALDBOROUGH. Electors bailiff, and inhabitants pay- ing scot and lot. ALE DUTIES. Persons concerned in the collection not to be members. ALIENS. 1. Cannot vote or be elected (4 Inst. 47.) but it they are made a denizen or naturalized they may vote. 2. Cannot vote except he can skow an act of par- liament for, or letters of naturalization, or letters pa- tent to make him a British subject, termed a denizen, AL AN but these grants do not entitle him to become a mem- ber. (Peck. 117. Shepherd and Male. 1 Black. 374. 12 and 13 W. III. c. 2. H. C. 159.) ALLEGIANCE (or Supremacy.) Abjuration. Oaths of must be taken by the voter, if required, at the poll, or vote bad. See Oaths. ALMS. 1. Whether a freeholder continuing in possession of his freehold but receiving alms within the year is or is not thereby disqualified, is not settled, Committees having- decided both ways. 2 Doug-las 126. Phil. 161. H. C. 263. 2 Lud. 165. (Male 165290.) Sim. 102. 2. Freeholder and burgage tenant receiving alms no disqualification. 2 Lud. 563 567. H. C. 268. 3. When the right of voting- occurs after the receipt of relief, previous relief within the year will not affect it, as in the case of a pauper marrying a person having a freehold. (See Marriage.^ 4. The revenue of certain specified funds which have been established or bequeathed for assisting the poor, distinguished as charities, is no disqualification. Male 292. See Relief. Charity. Freemen. Burgage Tenures 8. AMBASSADOR. Acceptance of this official dignity by a member does not vacate his seat. ANCIENT DEMESNE. 1. Tenants in. It is doubtful if they have votes. See " Customary Tenants," also Autho- rities, Male (283.) (Shepherd 6.) The better opinion is that they cannot vote, as they hold by copy of court roll, are within 31 Geo. III. c. 14. " No person holding by copy of court roll shall vote." See also H. C. 38. 2. Lands holden of a manor not at the will of the lord but according to the custom of the manor are customary freeholds, and not copyholds, and may vote. Carth. 432. H. C. 2d ed. 78. et seg. ANNUAL VALUE. 1. The 40*. must be estimated by the rent a tenant would give, and not by what the occu- pier occupying the land himself might possibly derive from it. (2 Lud. 450. 2 Peck. 104.) 2. The actual value is the only criterion. If the freehold is assessed below 40s. that is no proof of clis~ B 2 4 AN AP qualification, nor can it be proved by other documents but by oath of the tenant only. (Male.) ANNUITANT for life of 40s. out of freehold lands may vote. (2 Salk. 536.) ANNUITY. 1. The devisee of an estate charged with an annuity had agreed by parol to give up the estate in satisfaction of the annuity, and though he had even put the annuitant in possession, held that the annui- tant only had a right to vote. (2 Lud. 440.) OR RENT CHARGE. 2. Granted before 1 June, 1763, no vote, unless a certificate thereof entered with the clerk of the peace twelvemonths before the first day of the election. (3 Geo. III. c. 24. Male 163.) 3. Annuities annexed to offices as in lieu of tythes. Certificate need not be entered. (Gloster 41.) See Male. 4. Parties voting- as by descent, devise, marriage, &c. within the year, a certificate on oath must be en- tered. Ibid. 5. Must either be registered with the clerk of the peace, or assessed to the land-tax. ...... 6. No assignee of an annuity shall vote, unless a memorial of the assignment be registered 12 months. (3 Geo. III. c. 24. Male 257-8-9.) ........ GRANTED BY WILL 7. But not registered or assessed is no vote, although the estate on which it was charged was assessed. (H. C. 2 Ed. 236.) But the annuity itself must be also registered or assessed. (2 Peck. 85.) but a parson's salary in right of great tythes, being an office, need not. (Gloster 58,) RENT CHARGE OR FEE FARM RENT. 8. Are exempted from assessment to the land-tax, if duly re- gistered. (20 G. III. c. 17.) 9. In lieu of tythes need not be registered. H. C. 155. REGISTERING. (See Land-Tax.} 10. No per- son shall vote for any annuity or rent charge, unless registered with clerk of the peace 12 months before the election. (3 G. III. c. 24.) APPRENTICES. Cannot be pot wallers, and thereby vote. (1 Doug. 371.) AR BA 5 ARMY AND NAVY OFFICERS. Not disqualified by the stat. 6 Ann. c. 7. by receiving 1 new commissions or pre- ferment, as members they do not vacate their seats thereby. 42 Geo. III. c. 90. ARREST. Members of parliament privileged. 6 Ann. c. 7. ASSESSOR TO THE SHERIFF. Is appointed by the She- riff, and the candidates are liable to pay the expenses thereof. See Expenses of Election. ATTEMPT to bribe is bribery. See Bribery 25. ATTORNEY GENERAL. Formerly could not sit in the house. Hale Parl. 141. but now may. (1 Doug. 54.) ATTORNEY OR SOLICITOR. 1. A person confidentially employed by a freeholder to draw a deed, not permitted to be examined as to the contents, on a refusal by his client to produce the deed. (2 Peck. 132.) t ..... 2. But he is compelled to disclose acts done by him not necessarily within his professional duty, such as going to the banker's for tickets to be disposed of to voters. (1 Peck. 209.) See Counsel. Agent. Prin- cipal. Confidential Communications. AUTHORITY to receive rents gives no right to vote. (Gloster 183-4.) If a man divests himself of all con- trol over his rents, his vote is bad. (Lud. 422.) B3 BA BO B. BAGGAGE MASTER of the Forces in Scotland meligiblQ to sit as member. (1 Lud. 455.) BAILIFF. Succeeding to the freehold a* bailiff within 12 months, vote good. (2 Lud. 541.) See' Mayor or Bailiff. BALLOT ON ELECTION PETITION. There must be one hundred members present in the house, who name by ballot 49, which are reduced to 13, each party striking off one alternately. BANKERS. Must produce before a committee all drafts in their possession for payment of money, and their books for inspection of particular items only, or suffi- cient extracts from the books, to be specified by the party requiring them. (3 Lud. 448.) BANKRUPT. 1. A member becoming so, is incapable of sitting and voting for one year, unless the commission is superseded, or the creditors paid the full amount of their debts, and upon a certificate from the commis- sioners of bankrupt to the Speaker, the seat of such member is vacated. (52 G. 3. c. 144.) 2. But he must be a member at the time of his bank- ruptcy, or this act will not apply. (Roe 226.) BENEFICE OR OFFICE. A person becoming entitled by descent, marriage settlement, devise, or promotion hereto, within 12 months before election, may vote, provided the benefice or office has been withintvto years previous assessed to the, land-tax in the name of his predecessor. " Benefice" assessed thus. See Schoolmaster. BISHOP'S LICENSE. See Clergyman 5. BLANKS. 1. In Description of Estate. (See Exiaenter ofC. P. 2. In the Poll Book in the column of occupiers, com- mittee decided it was fatal, though the poll-clerk might have omitted it. (Male.) BLIND PERSONS may sit in parliament. (Male.) BONDS, &c. 1. To procure any return of any member to parliament void, and the maker liable to a penalty of 300?. (3 Lud. 448.) BONDS, &c. continued. 2. To re-convey lands given as a qualification void. BOOKS. Not sufficient evidence to impeach a freeholder's title. See Lincoln's Inn Society. BOOTH. Vote in wrong booth. See Voter. BOROUGHS, PURCHASING OF, by stat. 49 G. 3. c. 118, it is made highly penal to enter into any pecu- niary engagement for procuring the return of a mem- ber to parliament. BOROUGH OR TOWN C Election for) 1. The re- turning officer receives a precept from the sheriff. Male 193. 2. Bribery act must be read before commencement, and oaths taken as in counties. 3. Time of Election. See Day of Election. 4. Candidate must have freehold, copyhold, or life estate of 300/. per ann. in England, Wales, or Berwick. Durham Act must be read. See Durham Act. BOROUGH OR TOWN. 5. Poll; no statute requires it to be in writing, though 7 & 8 W. 3. requires copies to be given. 6. Poll Clerks, Check Clerks, 8$c. The expenses hereof cannot be charged the candidates. 7. Election need not commence at a particular hour. (Male 178.) 8. If freeholders vote, conveyance at any time before the election is good. (See Possession.} 9. Election must be at the most usual place for the last forty years, 19 Geo. 2, c. 28. 10. Land Tax need only be assessed ix months. 11. Returning Officer must not only be in posses- sion of his office de facto, but entitled de jure. 12. Booths only required for elections of knights of the shire, 18 Geo. 2. 13. General Rights of voting for. 1st, Right by tenure, as burgage tenements. 2d, Right by charter, which includes all cases of corporate bodies. 3d, Rights popular, comprehends all classes, in- cluding freeholders of towns. 14. Qualification. Member's landed estate 300?. per ann. Oath to be taken when required by a can- didate or elector. See Inhabitants-' Scrutiny. 8 BG BR BOROUGH OR TOWN continued. 15. The precept and mayor's returu must be re- turned to the sheriff six. days before the return of the writ. See Precept. (Custan.) ...... 16. If precept be illegal, the election is void, and votes given before precept read are of no force. 23 H. 6, c. 14. Glanv. 12, 20. 17. So also if the election takes place before the receipt of precept or without any (Roe 402.) it is void, 23 Hen. 6. 4Inst. 49. Glanv. 12. 25. Sim. 151. 18. Cinque Ports included herein. Glanv. 107. 19. Electors Rights, 1st by tenure, 2d by charter, and 3d popular right. BOUNDARY of Estate disputed. See I^tnd-Taz as to description, 28. BRIBERY. 1. Persons convicted thereof (by 2 G. 2. c. 24.) either by judgment inaction of debt for the penalty, or by information (Douglas 294.) or otherwise " lawfully convicted," disqualifies them for ecer from voting ; but query if the record of the judgment must not be pro- duced. (See Voters.} 2. When a committee report persons to be guilty of Bribery, an act has been passed for their disfran- chisement by name. Male. 3. Notice given at the election, that the candidate had been declared guilty of bribery at a former elec- tion. The candidate was returned nevertheless; but the House set it aside and seated the other candidate. (See Wager.} " Travelling Expenses" Freemen and Treating. 4. Was always an offence at common law. ...... 5. So soon as the House of Commons thought a seat of sufficient value they enacted the Bribery Acts. See Money distributed. ...... 6. By a candidate, or other person, his agent, avoids the election (2 Doug. 389. 414.) and prevents him or them from being elected the second time. (Corb. Dan. 249.) and if proof of bribery has been declared by a committee, even of a petition alleging bribery and no- thing else, election void. (Lud. 72.) or by a court of competent jurisdiction, and notice given to the electors during the second election, the unsuccessful candidate will be seated, (1 Lud. 72. Corb. Dan. 59, 60.) but BR 9 BRIBERY continued. 7. If the unsuccessful candidate has also been guilty of Bribery, neither can stand for the second election. 8. Penalty for any persons taking money or a re- ward for their vote, 500?. (2 Geo. 2. c. 24.) .... 9. By 2 Geo. II. c. 24. Where " any person claim- ing a right to vote at any election shall ask, receive, or take any money or other reward by way of gift, loan, or other device, or agree or contract for any money, gift, office, employment or other reward what- ever, to give his vote, or to refuse or forbear to give his vote, or if any person by himself, or any person em- ployed by him, shall, by any gift or reward, or by any promise, agreement, or security for any gift or reward, corrupt or procure any person or persons to give his or their vote or votes." Penalty 5007. and vote roid. 10. By such act bot/i parties are guilty flf the crime. 11. " Money's worth" not considered formerly as money ; this evasion practised shortly after the Revo- lution. 12. "If any person hereafter to be elected a mem- ber, should after the teste of the writ, at his own charge before his election, give money, meat, drink, entertain- ment, or provision or make any promise, agreement, obligation or engagement, &c. they shall not sit in Parliament, and .shall be deemed and taken no mem- bers thereof, but shall be treated as if they had never been returned. (2 Geo. 2.) 13. Electors receiving bribes 500 penalty. See also Mr. Curwen's Act, (49 Geo. III. c. 118.) 14. Any person committing bribery at a previous election, whether a candidate or not, is disqualified for the next vacancy. (Corb. Dan. 249.) . .... 15. If brought home against the candidate or his agent in one instance only, and though a majority of unbribed votes remain, the election is void. 16. Legal expenses no bribery. Male. 17. Money given after an election, unless it can be coupled with an act done or promise made before, is not bribery. (Male.) But see Lord John Russell's resolutions afterwards. 10 BR BRIBERY continued. 18. Every vote purchased by bribery is void. (2 Doug. 403.) t 19. If a voter is not " convicted" he can vote at the second election. (2 Doug. 403. 1 Peck. 305. 2 Peck. 245.) 20. Travelling Expenses (if reasonable) of a dis- tant voter, no bribery. (3 Doug. 258. Lud. 36. 41 48 61. 3 Lud. Sim. 199. Peck 91.) but in the Ber- wick case, the voters having in addition to their travel* ling expenses been paid 81. each as subsistence money, election void. (1. Peck. 401. 7 W. III. c. 4.) Money given to purchase freedom, election void ; but paying the fees thereof by agent legal. 1 Doug. 243. Sim. 163. , 21. So in Boston, where the London electors were paid five auineas each for travelling expenses ; elec- tion void. (1 Peck. 434.) 22. " Loss of time" a sum of money paid the Durham electors as such, declared election void. 2 Peck. 176. 23. Money paid for " Entertainments" " Loss of time" or " Travelling expenses." Lord Mansfield declared in the House of Lords that no further acts of parliament were necessary to prevent Bribery; " Shew me the offence and, I will find the law," said he. (Cliff. 187.) 24. Victuals given, though not extravagant, vote void. (2 Peck. 31) See the Southwark Case, Re Thelluson. 25. The attempt to bribe is the crime. (Lord Mansfield.) It is complete on the person offering the bribe. (Male.) 26. Money given to prevent a person voting, who nevertheless did vote, or voted for the opponent ; the crime is complete, (ibid.} 27. Though a voter has received a bribe he may petition against the return. (1 Peck. 289.) 28. Petition on the ground of bribery must state by whom by name committed. (4 Doug. 53.) 29. Actions to be brought in two years. 30. Entertainment after election not illegal. (1 Peck. 494.) BR 11 BRIBERY continued LORD J. RUSSELL'S RESOLUTIONS carried by the Speaker's casting vote, 27th May, 1826. " That whenever a petition shall be presented to this House, after the expiration of the time allowed for the pre- senting- petitions against the validity of the return of any member, by any person or persons affirming, that at any time within eighteen calendar months pre- vious to presenting such petition, general bribery or corruption has been practised for the purpose of pro- curing the election or return of any member, &c. ; and it shall appear to the said House, that such petition con- tains allegations sufficiently specific to require further investigation, a day and hour shall be appointed by the said House for taking the said petition into con- sideration, and notice of such day and hour shall be inserted, by order of the Speaker, in one of the two next London Gazettes, and shall also be sent by him to the returning officer of the Borough, Cinque Port, &c. to which such petition shall relate ; and a true copy of such notice shall by such returning officer be affixed to the door of the Town Hall or parish Church nearest to the place where the election of members, &c. has been usually held. 2. " That at the hour appointed by the said House for taking such petition into consideration, the said House shall proceed to appoint a select committee to inquire into the truth of the matters contained in said peti- tion, and report the result of their inquiry to the said House, and such select committee shall consist of 13 members to be chosen by lot, according to the direc- tions, provisions, rules, and regulations, and subject to the exemptions, for choosing 49 members by lot, con- tained in the various acts to regulate the trials of con- troverted elections, or returns, &c. so far as they are applicable thereto, and of two other members to be appointed by the said House, out of the members then present in the said House, and the 13 members so chosen by lot, together with the two members so to be appointed by the said House, shall be a select com- mittee, and" shall inquire into and try the matter of such petition, and shall report their opinion thereof, 12 BR BU BRIBERY continued. tog-ether with the evidence given before them to the said House. For and against the motion 62. Speaker for. Carried. On this debate it was stated in the House, and the statement was called upon to be denied, (but it was not) that " money given after an election, even without any previous promise, is within the Bribery Act ; and is therefore bribery." BRIBERY OATH, must be taken before returning officer only. (42 G. III. c. 62, and 74.) See Returning Officer. BURG AGE TENANTS. 1. Must produce title deeds Ibefore they can vote, (H. B. 301.) and prove distinctly, as in case of an ejectment. fib.J 2. Need not take the freeholder's oath. fib. J 3. May vote, though possessed only the day before the election. (Lud. 113. 37 Journ. 608. 38 Journ. 17. 18 Geo. II. c. 18.) See last Determination. 8. Receiving alms, no disqualification. (2 Lud. 563567.) BURG AGE TENEMENTS. See Title Deeds, Burgage Tenants and Tenures. BURGAGE TENURES. 1. Are in ancient boroughs,of which the king is lord, and hold their tenements of the king, paying a certain rent. It is tenure in socage, The rent must be distinctly reserved. (Male.) 2. The annual value is immaterial, (ib. ) 3. A burgage tenement must be entire and un- divided, as it existed before the time of legal memory. (2 Heywood 412.) and if it is divided, the vote is sus- pended until one owner possesses the whole of the shares. (1 Lud. 230.) 4. But must exist before the time of legal memory. (2Fras. 151.) ...... 5. " Half burgesses," and quarter burgesses, so called, may vote, This tenure applies to lands as well as houses. (Male.) 6. These persons paying rent generally cannot legally apportion it among themselves without consent of his Majesty, as lord of the fee. (ib.} ...... 7. The voter must be legally possessed, but an ad- BU 13 BURGAGE TENURES continued. verse possession for 20 years is sufficient. 2 Heyvv. 307.) 8. The Committee inquire, (2 Heyw. 293.) 1, The name of the burg-age. 2, The contents, for if any part of an aggregate specification were afterwards omitted, the vote is bad. 3, The boundaries. 4, The rent. 5. Situation of the streets. 9. Equitable titles herein as trustees, &c. may vote. (Male.) 10. The rig-ht to vote is incident to the freehold in- terest of every burg-age, which rig-ht may be suspended, but cannot be extinguished, fib. } 11. Are not within the Durham Act, or the Split- ting- Act. (Heyw. Lud. 169. 198.) 12. Must not be split within time of memory. (2 Fras. passim.} 13. They are also exempted from the Durham Act. 14. Thoug-h the tenements are destroyed, the rig-fat is not lost so long- as evidence of its former existence remains. (3 Lud. 210.) 15. Occasionally no objection. (1 Peck. 313.) 16. Held of manors, no votes. (Male 298.) BURGESS may vote, thoug-h a Freeman cannot, if not ad- mitted 12 months. ( 1 Peck. 400.) BURGESSES. See Freemen. 14 CA c. CALICOS, commissioners appointed for the collection of the duties on, not to meddle at elections. CANDIDATE DISQUALIFICATIONS. 1. Must be of age, 21, and must not be an alien, denizen, or naturalised alien, persons attainted of treason or felsny, outlaws in criminal proceedings only, idiots, and lunatics, (the seat of a member becoming lunatic is vacated,) minors, clergymen, Papists, peers, Scotch peers, Irish peers, for places in Ireland the eldest sons of Scotch peers, .for places in Scotland the twelve judges of England Scotch judges and barons of the Scotch Exchequer ; returning officers for their own jurisdictions sheriffs for their own county, or any borough within it, but towns being a county of itself excepted persons holding any office under the crown, which office has been created since 1705 : all these persons are in- capable of being elected, sitting or voting. ...... 2. But there are offices in the Excise and Customs which only disqualify from sitting or voting, and on resignation thereof the person may take his seat. Absence from England, no objection. ...... 3. If only two appear they must be returned the returning officer has no authority to allow time for ap- pearance of a new candidate. 4. May vote for himself. See Fresh Candidate. 5. Agreement of candidates extending or limiting the franchise, no justification to the returning officer. (Glan. 107, 8, 142. Brady, 127, 164.) See Eligibility Bribery. CANDIDATE. 6. May vote for himself. H. C. 206, 7. 7. On both the candidates consenting to declare the election void, and no collusion, the committee will so declare, (Sim. 189.) See Brbiery Expenses of Elec- tion Freemen. CANDIDATES' OATH. See Qualification Oath, and Opening the Election. CA CH 15 CANDIDATE. Their consent will not cure any infringe- ment of the electors rights ; but if the electors also con- sent, the poll will be good. (Male.) " Asking for a vote surely makes him a candidate," Lord Mansfield, Combe c. Pittbut see Morris v. Burdett. 2 Campbell, 240. (Fresh ones) may be nominated at any time during the poll, and their election good. 1 Doug. 258. Roe, 867. 1 Peck, 83. ......... being Disqualified or Incapacitated. See Votes thrown away. CASTING VOTE. The returning officer has none. CERTIFICATE MEN, may vote in some boroughs, in others not. (Taunton case, 1 Douglas, 373. 2 Doug. 111. The Bedford case. CESTUI QTJE TRUST, or Mortgagee in possession. See Mortgagee or Trustee. CHANCERY SWORN CLERK. Office of, no title to vote. CHARITIES. 1. Receiving relief from, is generally no disqualification. See Alms. But where the charities imply that the receiver is in a state of indigence, &c. the vote is bad. (Male. Sheph.) CHARITY. 1. By custom or usage, in particular boroughs, is held a disqualification, if received by the voter within one year. (Doug. 370. 2 Doug. 126, 7. H. C. 2 Edw. 278.) See Boroughs in the Appendix. 2. By act of Parliament, 4s a disqualification, in London, if received in two years previous to election. (Male, 292.) , 3. Parochial relief and alms are synonymous terms. (18 Eliz. 3. 39 Eliz. c. 3. 43 Eliz. c. 2.) 4. If distributed by overseers, vote is bad. (2 Doug. 127.) 5. To pray for the soul of the donor, receiving this money, is a good vote. (1 Doug. 373.) 6. Permanent Charitable Fund, distributed as parish relief, disqualifies. (Male, 294.) CHARITY, receiving it within the year, by freeholders, no disqualification. (Male.) CHARITABLE DONATIONS by Will, annually distributed, not considered parish relief, but sharing in a charitable gift, appointed to be distributed at Christmas, dis- qualifies. (Male.) C2 16 CH CL CHARTER LOST. See Custom. CHECK CLERKS to be appointed by candidates and keep their books, 18 G. 2, c. 18. CHECK CLERKS. See Borough or Town Election. CHECK-BOOKS. (In Counties only.) A check-book is to be allowed for each candidate at the place where the poll is taken, to be kept by their several inspectors. It is implied that the sheriff or officer must provide them. Male. When there is a mistake in the poll-books it may be amended in certain cases by reference to the check- books, and the oath of the voter. (Gloster, 162, 1 Lud. 356, 449. See Poll Book, Parol Evidence. CHELSEA PENSIONER, not disabled by receiving- his pension from voting. (1 Doug-. 273.) CHIEF RENT. Payment of it by tenant, allowed to him out of his rent by the owner, sufficient evidence of a copyhold, and owner must then prove his freehold. (Glast. ca. 30.) CHILTERN HUNDREDS. (Steward of) Acceptance of this office, though of no profit, enables a member to vacate his seat. (6 Anne, c. 7, s. 26.) CHRISTIAN NAME, mistake therein in poor rates fatal. (2 Peck, 395) shews he is not rated. CINQUE PORTS. Officers of, on receiving writ of election, has six days allowed for delivering the precept to the returning officers. 2. Lord Warden used, to claim the privilege of nominating and recommending the members, but by 2 Wm. and Mary, it was declared illegal so to do. Are considered as boroughs and towns. CITY OR TOWN (Election.) See Borough or Toivn. CITIES and TOWN COUNTIES, ELECTION IN, 1. there is no particular hour fixed when the election must com- mence. (Male.) , 2. Returning officer must take the oath. 2 G.2, c. 24. 3. Candidate must have an estate of the annual value of 300/. above reprises. ...... 4. Poll open fifteen days, same as counties, sevej* hours a-day. 5, In London the elections regulated by 11 G. 1, c. 18. CI CL 17 CITIES and TOWN COUNTIES, &c. continued. ...... 6. Check-books, check-clerks, poll-clerks, and in- spectors, same as counties. 7. Returning- officer may have a deputy or assessor. 8. Voters must have a freehold-estate in the city or town, 40*. per annum, and twelve months possession, or receipt of rents, unless by descent, marriage, &c. and assessed to the land-tax twelve months. (Male.) CITIES AND TOWNS, Counties of themselves. (See Free- holder.) 1. In many the right of election is in the 40s. freeholders. (19 G. 3, c. 28, and 3 Geo. 3, c. 24.) The same rules in these places as in counties, except assessment to the land-tax and fee-farm rent. 2. Where the right of voting in a borough is attached to a freehold, without reference to its annual value, the right is only controlled by the Splitting Act, 7 and 8 Wm. See Splitting Act Day of Election, (Election.) See Borouyh and Town Elections in 1. If the sheriff of a city or town dies, it is doubtful if the under sheriff can proceed as in counties ibr knights of shire. See Male, 78. 2. Poll fifteen days same as counties, but observe there must be twelve-months assessment to land-tax. (19 G. 2.) See Land-tax Assessment as to Cities 'and Towns Annuities registering same as counties. CLERGYMEN. 1. May vote for rents, tythes, &c. (10 & 12 Ann. H. C. 77.) 2. Cannot sit in the House. (Hey w., 73 4lnst.47, 2Lud. 269. 7 & 8 W. 3, c. 25.) 3. If elected, their seat to be void, extends to mi- nisters of the church of Scotland. (41 G. 3. c. 63.) 4. Penalty of a clergyman sitting or voting 500/. Ibid. 5. The license of the bishop, not necessary to give validity to the vote if the appointment is for life. See Tythes Great, Curates, Annuity by Will, Dean and Chapter. CLERK OF THE PEACE FOR MIDDLESEX. No vote, not having a freehold interest in his house at Clerkenwell Green. 2 Peck, 92. CLERK OF THE PETTY BAG OFFICE, having let part of his office for twenty guineas a-year, not entitled to vote, c 3 18 CL CO CLERK of the Pipe in Scotland, not ineligible to sit. CLERK of the Peace. To attend the elections with the registry of all annuities. Penalty on refusing to per- mit inspection of the registry 500. COAL MINES give a right of voting. Dalton's Office of Sheriff, 333. COCKADES, RIBBONS, &c. The Commons (57 G. 8,) passed a bill forbidding them at the election, but the Lords threw it out. COLLUSION of Candidates. See Election void. COLLECTOR of Hide and Soap Duties. See Excise Officer. COMMITTEE on Election Petition, consist of thirteen members, and two other members called nominees. (See Ballot.} The chairman on all committees has the casting vote. COMMISSIONERS FOR ADMINISTERING THE OATHS. Two or more must be paid one guinea per day, and appointed by the returning officer, at the written request of a candidate, and places therefore provided by him, which places are to be open eight hours each day, between eight and eight if required by either of the candidates three days before the election. (34 Geo. 3, c. 73.) See Commissioners Oaths. 2. All the oaths except the bribery- oath to be taken at a separate place or places while the election is proceeding, and not swear more than twelve at one time. (See Oaths.} They shall give to each elector who has taken the oath a certificate thereof, to be produced to the Poll Clerk. 3. Refusing so to do, resolved to be guilty cf misdemeanour, and committed. (16 Jour. 49.) The following cannot vote : COMMISSIONERS, 1. of Excise and Customs. 2. of Woods and Forests. 50 Geo. 3. 3. for managing the Stamp Duties. . . c 4. for Salt. 5. for auditing the Public Accounts. 46 Geo. 3. . . . . > 6. Window-tax or Houses. 7. for managing the revenues of the Post-office. co 19 COMMISSIONERS continued. 8. in collecting- the duties on hides, soap, and other articles mentioned in statute of Anne, 9 and 10, cannot vote. 9. of Board of Works, (Ireland) can- not sit in the House without re-election. 1 0. of land-tax may vote as wellas those acting under them. 1 1 . of Ordnance not disqualified to sit. COMMON OF PASTURE no right of voting-. 1 Hey. 62. COMMITMENT. Rioters or Intruders may be admitted. See Interrupting the Election. CONFIDENTIAL COMMUNICATIONS. An agent who is not a counsel, solicitor, or attorney, is not privileged from disclosing matters which he knows, before a Com- mittee of the House, and they will not permit an-avowed agent to prove treating by the candidate who em- ployed him. See Agent, Attorney. CONSTABLES, JUSTICES, &c. appointed under police acts, cannot vote. CONSENT of Candidates. See Election void. CONSTABLE of the Tower, and Governors of Forts, in Great Britain. Members do not vacate their seats by these appointments. (Orme, 272.) CONTRACT for Purchase, must be accompanied with twelvemonths possession, or no vote. May be stamped at any time after the twenty-one days, on payment of a penalty, and valid from the date. (Male 279.) CONTRACT for sale of a freehold estate will not confer a right to vote, except it is such a contract as a court of equity will carry into execution, and unless it has been entered into one year, and the rents and profits actually received by the purchaser since that time. See Conveyance as to Contract before Election, and Conveyance after. CONTRACTORS, (Government) cannot sit. 22 G. 3, c. 45. CONTRACT. See Conveyance 6. CONVICTION. What is. See Bribery, 1, \9, -Libel. CONVEYANCE, (Possession.) See Equitable Freehold* , 1,2. , , Contract, for sale previous to the election, 20 co CONVEYANCE continued. but conveyance not executed until after. Sellers vote bad. 2 Lud. 427. CONVEYANCE. 1. Produced to a person of the same name and description as the voter. Committee refused to receive evidence that this was not the voter. (Glast. 126.) 2. The committee will neither compel nor allow the production of private documents to impeach a voter's title without his consent, but secondary evidence, parol or documentary, of the same facts admitted to be proved. 2 Peck, 133, 134. ...... 3. Voters not bound to produce their title-deeds at the poll, or before a committee, except burgage tenants, who must. (2 Lud. 568.) 4. But on the consent of only one trustee, the committee ordered them to be produced. (IPeck, 94,8.) 5. A memorial of the conveyance good evidence of proof. (2 Peck, 132.) See Title-deeds. Fraudulent Conveyance First Day of Election. Burgage Tenants. 6. Antedated. Contract for sale on 23d April, to take profits from 25th March preceding, and convey- ance made 1st May, but antedated to 1st March, the election being 7th April following, held no vote, not being one year's possession. (2 Lud. 540.) 7. Antedated. Voter thirteen days before the elec- tion agreed to sell his freehold, but agreed not to con- vey until after the election, and signed the conveyance afteiv but the deed antedated as prior to the election. Vote bad. (2 Lud. 427.) , 8. Where no Conveyance. See Purchase Money. 9. "Natural lote and affection " a good consider- ation to the son of the owner, who may vote if he has had possession, and deed executed one year. (Heyw. 174.) 10. Purchase of land seven months, for the purpose of voting in a borough election, though good consider- ation, vote bad. (1 Fras. 176.) ...... 11. But where the delay in executing the conveyance arose from the negligence of the vendee, and the seller remained in possession of part (40s.), the seller's vote good. 2 Peck. 107. co 21 CONVEYANCE continued. 12. Possession under contract of sale for more than a year, and conveyance so dated, but not executed until a month previous to the election, the vote was good. (2 Peck, 115.) See Equitable Freeholds Receipt for Purchase Money. COPARCENER. The husband of, may vote. COPYHOLDERS, or Customary Tenants, or persons holding 1 by copy of court-roll, cannot vote, under a penalty of 50?. (31 Geo. 3. c. 14.) Proof of payment of a chief rent, without other documents, sufficient evidence of copyhold. See Customary Tenants. Chief Rent. COPYHOLDERS vote for no place except the borough of Cricklade ; and there they must occupy forty day spre- vious to the election. (2.Heyw. 412.) COPYHOLD. See Court Rolls. CORPORATIONS (AGGREGATE) as of towns, members of, cannot vote individually. 2 Peck, 113. (SOLE) as parsons, vicars may vote in their corporate capacity. Hey. 119, 123. CORPORATION RIGHTS held six years, and not disputed by quo warranto ; House of Commons refused to in- quire thereof, or to enter into the voters' rights there- upon. (Male.) See Freeman. ^ COSTS. See Frivolous and Vexatious Petitions, 10, 11. COSTS of Petition againt Return. See Petition. COVENTRY FREEMEN cannot be admitted after theteste, and issuing of the writ of election. (21 Geo. 3, c. 54. COURT ROLLS. 1. Of a manor not receivable, to impeach a voter's title to his freehold, except with the consent of the lord. (Male.) 2. Nor was the steward compelled to produce them before a Committee of the House, though he had. the Lords' consent (2 Peck. 123. )or to give evidence of their contents. (16.} 3. But a copy of the admission is evidence, if the lord objects to produce the rolls, ( ib.J COUNTY ELECTION COURT, a special one must (by sta- tute 7 and 8, Wm. 3 and 18, G. 2, c. 18, be held, for the election of knights of the shire, and proclamation of holding it must be made within two days after the receipt of the writ, at the place where the election is 22 co cu COUNTY ELECTION COURT continued. to be holden, (25 G. 3, c. 84.) viz. where it has been usually held for the last forty years. (7 and 8 Wm. 3.) It must not be holden on a Sunday, nor more than six- teen, nor less than ten days from the day of procla- mation. (7 and 8 Wm. 3.) It cannot be delayed longer than the eighteenth day, nor can it by law commence sooner than the eleventh day from the receipt of the writ. See Hale Proclamation. COUNSEL, Solicitors and Attornies. (See Agents.} Of the candidate are privileged by their professional character from disclosing facts, the knowledge whereof they acquired in their professional character. (Starkie on Evidence.) 2. On Election petition, no more than two counsel to be heard on each side. (Shepherd, 95.) CRICKLADE (Borough) leaseholders for, not less than three years, possess the elective franchise, and common copyholders, being forty days householders entitled to vote. CUMBERLAND AND WESTMORELAND. (Estates in.) See Westmoreland and Cumberland. But where there are " admittances" to estates, held by custom of the manor, they cannot vote. See Freehold and Male. CUMBERLAND OR WESTMORELAND, lands held by tenant right, aliened by deed, in nature of bargain and sale, are not copyhold but customary estates, and as they require admittance by the land, give no right to vote. CURATES, 1. Cannot vote ynless licensed. (H. C. 80.) But if they enjoy perpetual curacies, and derive their salary out of freehold land, they may vote. (H. C. 80. Male, 149.) 2. If appointed, and removable at the will of the parson, cannot vote. (2 Lud. 498.) CURACY. See Perpetual Curacy. CUSTOMARY TENANTS. Whether they can vote or not is doubtful. See Ancient Demesne Tenants, in. CUSTOMARY LANDS. See Cumberland or Westmore- land. CUSTOMARY TENANTS. 1. Not holding by copy of the court-roll, (See freehold), but by the custom of the CU 23 CUSTOMARY TENANTS continued. manor, and whose lands did not pass by surrender, is not decided whether they can vote. See Lord Hey- wood's Treatise. But a customary freehold being a customary and ancient demesne, tenant of the manor of Dymocke, good vote. (H. C. 41.) CUSTOMARY FREEHOLDS, may vote. See Ancient Demesne. CUSTOM (Right of voting by) where no existing charter, the custom is evidence of charter ; and where no esta- blished custom by common law, the right is in the inhabitant householders paying scot and lot. (Male, 294.) CUSTOM HOUSE OFFICER. See Excise Officer. 24 DA DE D. DAY OF ELECTION. 1. IN A CITY OR TOWN BEING A COUNTY OF ITSELF. In after three days from re- ceipt of writ. The returning officer to fix the day of election, and give notice within the regular hours, Stat. 33 G. 3, c. 04, and then the election is to com- mence within eight days, calculated both exclusive of the day of receiving the writ, and the day of election. (1 H. Black. 158.) 2. IN BOROUGHS AND TOWNS, must be within eight days after receipt of writ, and returning officer must give at least four days notice. (7 & 8 W. 3, c. 25.) ...... 3. One day of which must be exclusive (2 Hey w. 158), which notice may be given on a Sunday, (Sheph. 67.) but if both the days be reckoned inclu- sive, the election is bad. 4. Defective notice will avoid the election. (2 Heyw. 159.) ...... 5. Returning officer cannot extend the time beyond the eight days mentioned in the statute. ......In a County Election. See County Court. Bo- rough or Town Election. DEAF AND DUMB Persons, are ineligible to become members. (Simeon 26.) DEATH of Sheriff. See Sheriff. ......1. Of voter during election. See Descent. The purchaser of an equitable freehold. See Equitable Freehold. 2. Of voter during the election, and after he had polled, the heir at law, or devisae may vote again at same election for the same land. (H. C. 112.) DEAN AND CHAPTER. Where the Dean and each Prebendary having a certain separate portion in right of their offices, each is a corporation sole, and may vote as at Westminster ; but where the whole annual income is divided amongst them as a corporation ag- gregate they cannot. vote. (Heyw. County Elec. 2 Ed. p. 125.) DE DI 25 DEBTS. Estate devised liable to payment. See Devisee. DECLARATION OF FIDELITY. (7 & 8 W. 3, c. 27.) may be required of every elector, or his vote not allowed. DEMAND OF POLL. See Poll. DEMAND and refusal of payment of poor rates, &c. See Scot and Lot. DENIZEN. May vote,(H. C. 158.) but cannot sit. (12 & 13 W. 3.) See Alien. DEPUTY SHERIFFS. See Sub-Sheriffs. DESCRIPTION. " Tenement" good in Land Tax Assess- ment as to Description. DESCRIPriON Con Poll Boot. } Nature of freehold given in " tenement" held good, the committee saying- they would construe it a " house," but if insufficient it may betaken ad vantage of on arielection petition, thoughnot specified in the list. (2 Peck. 52.) See Hi jses and Land, House and Land, Unknown. DESCENT, VOTE BY. May vote immediately, provided the lands have been rated in the name of the late owner in possession thereof within two years (2 Lud. 528 531.); but he must take possession first, (ibid.} If a freeholder die during the eleetion having voted, his son is also entitled to vote at the same election for same lands. (1 Doug. 272.) See Bailiff. DEVISE. VOTE BY, in case of death during the election. (See Descent.} DEVISEE in Possession of Lands of the value of 40s. a year devised, subject to the payment of debts and legacies is entitled to vote, though it does not appear that the lands will pay the debts. (Male.) DISPUTED VOTES. These votes left undecided on the close of the poll will not avoid the election. (1 Peck, 286.) See Objected Votes, Returning Officer, 24. DISQUALIFICATION, Notice of. See Bribery 1,2, 3, Minor. DISSENTERS may vote on taking the oaths. DISSENTING MINISTERS having general appoint- ments for life, and not removable at will, though hold- ing lands for life in respect of their appointments, three cases decide they are not entitled.to vote. (Midd. 2. Peck. 91. H.C. 123. Orme 149.) but these decisions 26 DO DU DISSENTING MINISTERS continued. are doubted, (Male 272.) and the better opinion is they may vote. (Male. Shep. Heyw.) DOUBLE RETURN. By a standing order the member cannot sit for that place until the return is decided by a committee, but he may sit for another. (Res. April 16, 1727.) See Votes equal. DOUBLE RETURN. See Votes equal Scrutiny. 1. Though this if wilful, false, and malicious, is pro- hibited (by 7 & 8 W. 3, c. 7, s. 3,) yet 2. There are many cases where it is justifiable and necessary, if the right of election is uncertain, or the candidate's eligibility having the majority of votes is objected to (1 Peck, 17.) where a scrutiny begun but not finished. (2 Peck, 378.) DOWER. (By 20 G. 3, c. 17.) A second husband may vote in right of dower to his wife of lands assessed to the land tax, of which the first husband died seised, and she is still possessed though not set out by metes and bounds. (1 Heyw. 98.) Where the widow has not claimed or received dower for a considerable length of time, (seven years,) the committee will presume her dower has been released, (2 Lud. 450) ; but where the late husband sold the estate, and the widow still en- titled to dower out of it the new husband cannot vote. (20G.3, c. 17. H.C. 57.) DURATION OF POLLS in small cities for fifteen days too long whereby polls vexatiously prolonged. DURHAM Act of Parliament (3 G. 3, c. 15.) must be read in places consisting- wholly or part of F?-cemen. EA EL E. EAST HENDRES, IN BERKS. (Steward of.) Acceptance of this office (though of no profit) by a member, vacates his seat. (6 Ann c. 7.) EAST INDIES. It is doubtful if a member is eligible who is there, when elected. 2. Persons there when elected, in one instance held ineligible. (13 Jour. 353.) But a person going abroad after does not vacate his seat. (3 Lud. 167.) Roe 65.) EJECTMENT. Where an action of ejectment cannot be supported against a party in possession of the estate, although he has no legal title, yet 20 years possession entitles him to vote, if rated to the land-tax. (H. C. 45.) ELECTORS' RIGHTS. See Candidate. ELECTIONS should be free. 1. The Stat. 1 Win. & Mary so declares. 2. Steer between the extremes of republican licen- tiousness and servile obedience. (Male.) ...... 3. Two returns made by two mayors, each dis- puting the other's right. The House declined to inter- fere, and ordered the sheriff to do his duty. (Jour. 101. 203-4. Roe 461.) The sheriff then returned both candidates, and then a new writ ordered. ...... 4. May be avoided by consent of both candidates, but if collusive the house will enquire, or by the mem- ber elected accepting office, or neglecting to take the oath. 5. When new one granted. See Votes thrown away. 6. de A'oflo, cannot be had. See Votes equal. Void. See Sheriff. Writ. Where the candidates both consent to set it aside it is void. ...... Must be in the open air if three days written notice from one of the candidates requiring booths be not given. Male (30.) County. Day of, must not be on a Sunday, but must be no more than 16 nor less than 10 days from 28 EL EQ ELECTION, County continued. the day of proclamation, which must be two days after the receipt of the writ. Bills See Payment of, Agent 3, Day of Election . ELECTIVE Franchise. Ought to be exercised voluntarily and at the voter's expense, or not at all. ELEGIT Tenants by, cannot yote. (Cok. Lit. 42.) ELIGIBILITY of Candidates. See Double Return. " EMPTY." When premises are so. See Tenant's name. " EMPLOYMENT." See Bribery 9. EMOLUMENTS to 40s. a year arising out of land gives a right to vote. (Shep. 7.) ENTERTAINMENTS, (Elections.) See Bribery, 20 to 2530. EQUITABLE FREEHOLDS. 1. Purchaser put into pos- session of the land two years before the election, but no conveyance executed until 10 months previous to election; vote bad. (Gloster 163.) But in this case there was no articles ...... 2. Purchaser put into possession under articles of sale more than a year before the election, but the pur- chase money not paid nor the purchase completed until within the year, the committee held the seller entitled to vote, because he received the rents. (Gloster 82.) ...... 3. But if there had been any agreement that the purchaser in the above case should take the rents and profits to his own use, Serjeant Heywood says it would have been differently decided. ...... 4. But where the voters contracted for the purchase (exchange) of their respective estates more than a year before the election, and they had been in receipt of the rents of the contracted estates since, but no conveyance executed, the votes were held good. (See Male, Shep.) 5. So where rent for a year had been paid to the voter by the direction of the former owner for a much longer period than a year previous to the election, but the conveyance not executed until three months before election. Vote good, but query the date of the con- tract in this case. (2 Peck. 106.) 6. If the seller is in possession, and the purchaser neglects or refuses to execute or take his conveyance, the seller's vote will be allowed. (Male.) EQ EV 29 EQUITABLE FREEHOLDS continued. 7 and 8. Where a person has agreed to sell and another to purchase premises, and that agreement has been reduced to writing 1 , whether under |s tamp or not. The vendee being- 12 months in possession pr taking the rents by virtue of that agreement above 12 months, and rated to the land-tax six months, has an equitable freehold, and right to vote. (H. C.65. Male 148. 9. If a party claiming to vote is in possession of land which has been agreed to be sold to him, and the contract is in writing and signed by both, or by the seller only, or his or their agents, the purchaser en- titled to vote. (Male 278. 29 C. II. c. 3.) 10. So if no written agreement, but such a part performance of the contract as a court of equity would enforce a specific performance, the purchaser, if in possession, may vote, (ibid.} 11. If the agreement is unstamped, it may be stamped in 21 days, or upon payment of the penalty at any time afterwards, which renders it legal from the date, (ibid.} 12. If an equitable purchaser obtains possession, and is rated and dies within one week, or less, from the purchase, and the same from the first day of election^ his heir or devisee may vote at that election. (18 Geo. II. c. 18. 20 Geo. III. c. 18. Male 279.) See Purchase Money unpaid. ESTATES. In fee or fee-tail, for the life of the owner or another tenancy in tail after possibility of issue ex- tinct, tenancy by the curtesy or dower, persons having these estates may vote. (Male, Shepherd, Black.) EVIDENCE. 1. See Parol Evidence. Conveyance. 2. The party maintaining the vote must prove the rent charge is duly registered, and that the estate from which it issues is duly rated. (Male.) 3. Of the assessor of the land-tax is receivable only in ambigious cases, (ibid.} See Agents, Attorney, Banters Books, Copyholders or Customary Tenants Conveyancer, Chkf Hent, Felony, Lincoln's Inn Society Books, Land-Tax Assessment, Pott Book, 8. D3 30 EX EXAMINATION OF VOTERS. Returning officer will be censured and punished if he denies this to the opposite party. (2 Peck. 28.) COMMU EXCOMMUNICATION. No objection to voting:. (13 Jour. 42. Sim. 55.) EXCISE OFFICER. 1. No excise or custom house officer, or collector of duties on hides, soap, c. nor any post master general, or collector of the post office revenues, shall in any manner endeavour to persuade or dissuade an elector from giving his vote. (5 W. & M. c. 20 12 and 18 W. III. c. 10.) ...... 2. If elected member, there are some offices in the excise and customs which only disqualify the holders from sitting in the house, but not from being elected. (11 and 12 W. III. c. 2.) and therefore by resigning their office after the election they may sit. (Orme 265. 21 Jour. 138. 1 Doug. 143.) ...... 8. No commissioner, collector, comptroller, searcher, or other officer or person concerned in the customs or excise, or stamp*, or the window taxes, can vote. (22 Geo. III.) ...... 4. Appointed by the Crown [cannot vote ; but a de- puty not so appointed may. (4 Fras. 165.) EXEMPTIONS from land-tax. See Land-tax Assessment, Exemptions, " EXIGENTER of the Common Pleas," in land-tax, with blanks left for the description of the freehold and na- ture of it __ Held good. (2 Peck. 54.) EXPENSES of Election. 1. Candidate only liable to such as the statute law casts on him, and if he is elected without his presence, or any interference by himself or bis agents, he is not liable. Morris v. Burdett, (1 Campbell 218. 2 Maule & S. 212.) See Poll Clerk. ...... 2. Under Statute 51 Geo. III. c. 126. candidate is liable to the following expenses of administering the oaths; of hust- ings at county elections ; printing of admission tickets to hustings, and forms of certificates and oaths. Bur- dett's Case. (1 Camp. N. P. Reports 218.) or of asses- sors. (2 Campbell N. P. 240.) ...... 3. Candidate not liable to the following expenses, ..... 4. Proclaiming the election ; of staff-men or con- EX 31 EXPENSES of Election continued. stables ; of high bailiff's (as returning officer) table expenses ; of bonds of indemnity against danger to sur- rounding buildings ; of advertisements in proclaiming election; indentures of choice; under-sheriff; county clerk ; bailiffs ; hall-keepers ; filing writ ; surveyors ; printing poll-books ; of agents' charges, 25 guineas in retaining assessor ; of costs paid by sheriff iu an action against him for expense of hustings ; (2 Campbell 240. 1 Campbell 218.) or of printed forms of declarations of fidelity, and certificates of voters taking the oaths. (Male.) 5. If the member is not present at the election, or does not in any manner interfere by himself or agents, or holds himself out as a candidate, but takes his seat afterwards, the jury held he was no candidate, and therefore not liable to any expense. (Burdetf s 2nd Case. 2 Maule and Selwyu 212.) EXTENSION of the Elective Franchise. The House of Commons and its committees act on this principle, rather than narrowing the elective franchise. F. FEE FARM RENTS. See Annuity. The Middlesex Com- mittee held, that either thefreehold for which the vote is given must be assessed, or it must be registered in the shape of an annuity or rent charge, the land out of which it issues being likewise assessed. (Shepherd.) or RESERVED RENTS 2. Need not be registered. (Glast. case, 58, 127. but contra, H. C. 2 Ed. 237. 2 Peck, 82.) 3. Must be registered, if the land out of which it issues be not assessed. (2 Peck, 85.) 4. Whether fee farm rents, &c. registered or not, the land out of which they issue must. (H. C. 2 Ed. 237.) 5. Given in as description on poll book, when in fact it was a rent charge, held good. See Land-tax purchased. FELONS having suffered the punishment, or received a pardon, may vote. (1 Peck, 509. Male, 35, 169.) FELONY. I. Persons attainted cannot be asked if they have been convicted. See Treason or Felony. 2. Can only be proved by record thereof produced. (1 Peck, 509. 8 East, R. 77.) FIRST DAY OF ELECTION. Time. As to annuities they must be registered, and certificate granted twelve- months before the first day of the election. (3 Geo. 3, c. 24.) 2. Time. Whether the land-tax contract for redemption must be redeemed before the first day of election, or whether the conveyance title-deeds must not bear date twelvemonths previous to this day, or the day of voting, is undecided. See the Land-tax Conveyance Title-deeds. FOREIGN PROTESTANTS AND JEWS, having resided seven years in our American colonies, without an ab- sence of two months at any one time, good vote ; and all foreign Protestants, serving two years there, in a military capacity, or three years in the whale fishery, with exceptions. See Statute. 13 G. 2, c. 3. FO FR 33 FOREIGN SEAMAN naturalised, if so facto, by serving two years in war, on board a King's ship, may vote. (13 Geo. 2. c. 3.) FORTIFIED TOWNS. (Boroughs, Cities, &c.) Soldiers composing the garrisons not to be removed pending the elections therein. (8 Geo. 2. c. 30.) FORTY SHILLINGS (clear) per annum. See Right of Voting, Mortgagor. The value is not what the tenant pavs, out what it is fairly worth. (2 Lud. 450.) FRAUI>. See Splitting Act. FRAUDULENT CONVEYANCE. All collusive grants for electioneering purposes void, and the estate, by (10 Anne, c.28.) declared to rest in \\&grantee, free from from any condition to re-convey. (18 Geo. 2. c. 18. s. 5.) No vote is good for any freehold estate fraudu- lently granted on purpose to give the vote. FREE Warren of Conies, confers right of voting. (Dalton's O. Sheriff, 333.) FREEHOLD. It must be both in tenure and interest, if the Lord of the Manor hath any right of admittance, the person has no vote. (Shepherd.) 2. If a voter agrees to sell his estate before the election, but refuses to convey until after, because he had promised his vote, and he actually signed the con- vevance after the election, which was antedated, his vote held bad. (Male.) 3. Legal Freehold, without a present beneficial interest, vote bad. (2 Lnd. 424.) 4. The interest of the voter must be freehold. (stat. Hen. 6.J OFFICE, by Letters Patent, persons holding one, may vote. FREEHOLDER. Must take the oath at the time of elec- tion if required, or cannot vote. 2. Receiving alms is not disqualified. See Alms. 3. In counties, or cities, or towns counties, not to vote except he has 40s. clear yearly value in land, in that city or town. (19 Geo. 2. c. 28.) But see contra, (19 Geo. 2. c. 28.) less value than 40*. 4. See Irish Elections Returning Officer, 38. 5. Previous to (stat Hen. 6.) which requires 40*. per annum freehold, any freeholder might vote. 34 PR FREEHOLDER continued. 6. Selling his estate, but retaining a part expressly for the purpose of voting, his vote good. (Male, 296.) FREEMEN, of a borough, receiving parish relief, is no dis- qualification, unless by some resolution of the House of Commons, as to that borough, they are declared disqualified. (Male, 395.) See Boroughs, Appendix. (HONORARY) 2. Must be regularly admitted. (Sim. 121.) 3. ADMISSION FEES. Raised by subscription, to which the candidate had not contributed, and where no previous promise exacted from the voter, held not to be bribery. (1 Doug. 243, 268.) See Bribery 2 1 . 4. By the Durham Act. (3 Geo. 3. c. 15.) Not to vote unless he has been admitted to his freedom twelvemonths before the first day of election, except he obtains his freedom by birth, servitude, or marriage. See Burgess. 5. Admissions of Freemen may be stamped at any time before polling, antedating them penalty 5001. stamp duty thereon, if by birth, apprenticeship, or marriage, I/, any other ground Si. Admittances stamped after the votes were given, (3 Doug. 215,, 207.) the votes were held bad they must be stamped previous to voting. (5 Geo. 3. c. 46.) 6. ADMISSIONS OF, if by custom of the corpora- tion, a formal admission is not necessary, and then no stamp is required. (2 Doug. 132, 175.) Stamped admissions on paper, or on a roll, good. (Corb. Dan. 51. 109.) Service of office of mayor, alderman, or sheriff, sufficient evidence of stamped admissions. See Corb. Dan. 109. ...... 7. Service of office of mayor, aldermen, sheriff, or common-councilman, sufficient evidence of being sworn in. (Corb. Dan. 106.) ...... 8. Sworn in six years sufficient evidence of cor- porate rights. Corb. Dan. 51. 9. Though by the Durham Act, the freemen must have been admitted one year, yet if their admissions are stamped at any time, even during the poll but previous to voting, the vote is good. 3 Doug. 188, 208 ; but not after. Corb. Dan. 109. 3 Doug. 215. FR FIJ 35 FREEMAN continued. 10. Persons w^^ln the Durham Act, may be ad- mitted at any time after the teste, and issuing of the writ, and previous to voting 1 . 1 Doug. 245, 288 ; except in Coventry. 21 G. 3, c. 54, s. 6. 11. Persons enforcing their right to admission by mandamus, shall be entitled to costs from the mayor, or other officer, who so misconducted himself. 12 Geo. 3, c. 21. 12. If a person claims as a burgess, and not as a freeman, he may vote notwithstanding he has not been admitted twelvemonths. 1 Peck, 400. 1 3. All persons may inspect all books and papers relating to admissions, on payment of is. and have copies thereof at a reasonable charge. (Shepherd.) 14. Admission refused, or parties having delayed their demand for admission till too late to enforce it by a mandamus, they should nevertheless tender their votes as freemen, after due application to be admitted and a wrongful refusal, committee held them entitled, and added them to poll. Sudbury case. But they must apply and enforce their admission by mandamus. 1 Fras. 166. 1 Doug. 464, 470. 3 Doug. 300, 367. So as to burgesses. Shrewsbury case. The applica- tion to be admitted may be made on a Sunday. ...... 15. (HONORARY) are made at the pleasure of the corporation, but cannot vote until admitted twelve- months. (Simeon. Shepherd.) l FRIVOLOUS AND VEXATIOUS." Report of, on an election committee, entitles the opposite party to costs, by (53 Geo. 3. c. 71.) and expenses to witnesses also. A petition is so reported when petitioner produces no evidence, (Shepherd, 107, and cases there cited) or or when his evidence fails altogether, (1 Peck, 335.) or the petition is groundless, being presented under misapprehension of the law. (2 Fras. 238.) FULHAM BRIDGE. Share in. A voter described it as " Rent." Held good. (2 Peck, 60.) GA GU G. GAME. Estate reduced belo\y 100?. by mortgages, Sec- is no qualification to kill game. 1 Hey w, 145. See Mortgagor. GAOL, (Member in) in Execution for debt when elected, it is doubtful if election good, l and 2 Hatzell. GIFT. See Bribery. GLEBE LANDS. Vicar may vote for. 2 Inst. 27. Need not be rated. Male. GOVERNMENT CON TRACTOR. See Contractors. GOVERNORS of Forts in Great Britain. See Master Gen. Ordnance. GREENWICH PENSIONERS may vote. 1 Doug. 373. GRAND LARCENY. A Person convicted of, having under- gone the sentence, vote good. Male, 169. GUARD or A MAIL COACH, paid by the Post-office, may vote. 2 Fras. 454. GUARDS, (King's) not to be removed on the Westminster or Southwark elections. GUAGER, fin Excise) cannot vote. 22 Geo. 3. GUERNSEY OR JERSEY, (Governors of) these appoint- ments do not vacate the member's seats. Orme, 271. HO HU 37 HOUSEHOLDER, must possess the exclusive right to the use of the outer door. (2 Fras. 449, 451.) If he takes inmates he relinquishes his vote, (ibid.}: but if he lives in a burg-age house he may take inmates, and his vote good. (1 Peck, 273.) Shop or stall, unless used as a dwelling, is no house. If a covered passage is considered a street, all the houses that have separate outward doors opening into that passage, are good votes. (2 Fras. 449.) (INHABITANT.) Housekeeper, Householder, In- habitant Resiant, paying Scot and Lot, cannot vote unless resident in the city or borough six months pre- vious to dav of election. HOUSE AND WINDOW TAX. Cannot be deducted from the rental to reduce it below 40s. See Right of Voting, &c. 2 Lud. 476. " HOUSES AND LAND," described on the poll defec- tively as to the houses, the land being insufficient, vote bad. ' 2 Peck, 5. 9. " HOUSE AND LAND in the occupation of John Hind," lawyer, thus described on poll Hind only occupied the house and garden worth 30s. per annum, and the adjoining field, worth 20-9. per annum, was in Hind's lease, but was occupied bv R. G. yet vote held good. 2 Lud. 417. HONORARY FREEMEN. In some boroughs may vote, as at Durham, Bedford, and a variety of other places. Admission must be strictly proved and be stamped. 3 G. 3. must be admitted twelve months, if not so, on voting penalty 1007. Not to extend to persons by birth, marriage, servitude, or to persons duly elected or presented. 1 Doug. 3 Doug. 173. Sim/101. HUNDRED. (Vote in the wrong one.) See Voter. HUSBAND. 1. Married during the election can vote. See Marriage ; also though he had received alms or relief within twelve months. (Male 273.) 2. Having covenanted to allow his wife or others to receive the rents without his control, vote is bad. (Male 274.) HUSTINGS. See Expenses of Election. 38 I ' IDEM SONANS." If Poll Clerk enters the name to the same sound it is no objection ; but see 2 Peck, 25, contra, see Poll Book. IDENTITY of Freemen. Objections that it is not the same John Jones as appears in the poll-book. The proof of this rests on the party objecting. (Male.) At borough elections. Two persons of the same name proof lays on the party objecting. Sim. 123. IDENTITY. See conveyance produced ; but where two persons of the same name and description, evidence of identity permitted. (2 Lud. 517.) IDEOTS cannot vote (Hale, Parl. 116. H. C. 164-5.) be- cause they never have a lucid interval. (ibid.J It is not necessary a commission of lunacy should have issued ' Male, 165.) returning officer must exercise his judgment, flbid.j IMPROPER CONDUCT OR MISTAKE of returning officer, does not make void the election, if in other respects there was a good and substantial election. H. C. 342. I Lud. 323. INCAPABILITY of member to lake his seat. See Votes thrown away, $c. " Candidate," " Minor" " Bribery," " Sheriff." INFANTS cannot vote. INFANT elected member, the election declared vexatious. INDENTURES OF RETURN. (County Election) 1. Are between the sheriff and freeholders, (Borough) between the returning officer and electors of the one part, and the sheriff on the other. Precept annexed. 7 H. 4, c. 15. 2. The sheriff sends these indentures to the Clerk of the Crown in Chancery. 7 Hen. 4. 23 Hen. 6, c. 141. Only one seal for the freeholders held good, Glanv. 137 -so where no witnesses. Ibid. If stolen, or lost, the counterpart is a good return. Orme, 104. Male, 223. IN 39 INHABITANT continued. " INHABITANTS," this term alone, without some super- added qualification, never confers the elective franchise except at Preston ; in Tregony the right is in all the inhabitants who provide for themselves, whether they live under the same roof or not. INHABITANT. Lord Coke expounds it, " Such as be householders there." 3 Doug. 81. Leaseholders having a lease, retaining possession, and only sleeping one night before the election, a good inhabitancy. 5 Term Reports, 466. INHABITANTS, By 26 Geo. 3. c. 100. s. 1. No person shall vote for any city or borough in Great Britain or Wales, as an inhabitant paying scot and lot, or in- habitant householder legally settled, inhabitant house- keeper, pot waller, legally settled, or as an inhabitant householder resiant, or as an inhabitant of such city or borough, unless he shall have been actually and bona fide an inhabitant paying scot and lot, &c. (as above) within such city or borough six calendar months pre- vious to the day of election, under a penalty of 207. except possession of premises by descent, devise, mar- riage, or marriage settlement, or promotion to any office or benefice. This act extended to inhabitant housekeepers paying scot and lot. (Simeon, 2nd edit, n. 128.) Male 296. No person to gain a settlement unless rated for a house at 10. Settlement, " legally settled." See Settlement. Stock in Trade rated, gives a vote however in all cases. (See Residence.} INHABITANT Householders entitled to vote when charter lost. (Male 294.) INSPECTORS at the Poll Booths. See Check Book. INSPECTORS at county elections are to keep a check- book for every poll-book, and see that the poll-book is accurately kept ; there ought to be as many inspectors as candidates. See 7 & 8 W. 3, c. 25. 18 G. 2, c. 18. For cities being counties, same regulations. INSUFFICIENT Freehold Estate, given in at the poll, voter cannot call in aid any freehold not given in at the poll. 2 Lud. 444; but see contra, 2 Lud. 4467. IN TENTION. See Splitting Act, 3. E 2 40 IN jo INTERRUPTING THE ELECTION, by turbulent conduct, or otherwise, even the smallest interruption, having a tendency to the disturbance of the proceedings, the party offending- may be forthwith committed, even without a warrant by any magistrate or returning officer. 1 Jour. 826, 834 7. 1 Taunt. 146. Male, 122, 3, 4, 5. IRISH ELECTIONS. 1 Geo. 4. 1. Not more than 500 freeholders shall poll in one book. Sheriff" to have a separate book to decide in. 2. Inspectors to be sworn. 3. Votes, objections to, must be in writing. 4. Poll Clerk to send them to the sheriff, who shall write allowed or rejected thereon. 5. Persons not to plead or speak in the deputy's booth. 6. Rioting, persons guilty of, to be committed by returning officer for twenty-four hours. 7. Freeholders names to be entered by clerk of peace alphabetically. 8. Conveyance not to be registered unless stamped. IRISH PEERS. For places in Ireland cannot sit. (13 & 14 Journals.) J. JERSEY, &c. Governors of. See Guernsey and Jersey, .. Governors. JEWS, foreign. See Foreign Jews. JEWS. Having since their banishment by Edward I. re- turned and purchased estates, which they hold without interruption, may vote if qualified. (H C. 218) JOINT TENANTS (and their husbands) and tenants in common of freehold estates, or freehold interests, have a right to vote, they must however each of them be as- sessed to the land tax, or only the one who is assessed can vote. (H C. 67 ) But the Splitting Act declares, that there shall be only one vote for one house, &c. jo ' 'LA 41 JOINT TENANTS continued. 2. If two' joint tenants agree (query verbally) to part their land, they are no longer joint tenants, and each may vote as tenants in severalty. (2 Blac. Com. 185. Co Litt. 192193.) 3. See Part of a Messuage, Land Tax, Assess- ment, as to Names JUDGES. The twelve English cannot sit in the House, 4 Inst. 47. Jour. 9 Nov. 1605. Hale Parl. 141. Scotch, and Barons of the Scotch Exehequer can- not sit. 7 Geo. 2. c. 16. s. 4 JUSTICE OF THE PEACE, salaried at the public offices in London, not entitled to be a member of Parliament, to vote at elections for Middlesex, Surrey, or the Borough. See Magistrate. JUSTICES OF THE PEACE. See Riots Riot Acts- Military Magistrates Bribery Oath. JUSTICES of the Peace and Constables, appointed under the Police Acts, cannot vote. K. KING. The King in council commands a parliament to be summoned. KNIGHT OF THE SHIRE. See Qualification. L. LAND TAX ASSESSMENT ACT, AS TO CITIES AND TOWNS BEING COUNTIES. The assessment must be 12 calendar months before election. (19 G. II.) Rents not usually assessed to land-tax excepted. Male. 190.) " LAND." Voter described it on poll, when it was houses, vote bad. (2 Peck. 59.) See Poll Book. E 3 42 LA LAND-TAX, and all rents and charges, must be deducted from the rental to reduce it below 40s. ; but taxes, paro- chial rates, and all other rates, whether parliamentary or parochial, cannot be deducted to reduce the rental. (See Right of voting.} LAND TAX ASSESSMENT. [AS TO NAMES.] 1. Premises to be assessed in the name of the " owner or of his tenant, or tenants actually occupying the same as tenant, &c. of the owner" with certain exceptions. 2. 30 Geo. III. requires the assessment to be in the " names of both the landlord and tenant." In the Mid- dlesex case, the Committee of the House of Commons by agreement of the parties made a rule that if either the name of the owner or of the tenant was correct, though the other were wrong, the assessment should be good. I recommend the agents for both candidates to sign an agreement to this effect before the election commence. 3. If the Christian name of a voter on the poll vary from that on the assessment, or where no Christian name, or the initials only appear thereon, the voter, or the asses- sor, or collector of the land-tax, must prove the identity. (2 Peck. 66-67.) , 4. If the owner is assessed as tenant, he must prove his title as owner (Sheph.) but 5. Where no owner was assessed, and the tenant on the poll or assessment appeared the same, no further evi- dence was required unless the tenant had other land in the same parish. (Ibid.) 6. By 30 Geo. III. c. 35. if the assessment be in the name of the person claiming to vote, or of the person oc- cupying at the time of assessment, or in case of a freehold coming to voter within the year and assessed within two years, if it be in the name of the persons by or through whom he claims title, although the name of the tenant ac- tually occupying shall NOT be inserted, shall be sufficient. 7. Owner's name need not appear on the rate. (2 Lud. 539.) 8. Joint tenants cannot vote, except assessed as indi- viduals ; but if their surnames are the same, and the chris- tian names differ, and the rate is " Mr.Gordon" query, if either can vote? one voted (good); the other was re- jected. (2 Lud. 508.) LA 43 LAND TAX ASSESSMENT [AS TO NAMES] continued. 9. Trust Estates. " Cestui que Trust" must be rated ; and where the assessment is in name of the trustee it is bad. (2 Lud. 509.) 10. Mortgage. Query if the assessment must not be in the name of mortgager, if he is in possession. 11. Annuitant must be assessed in his own name. (2 Lud. 505.) 12. Tylhes assessed in tenants name only, who had compounded for them with the voter, the vicar, and land- lord ; vote good : (2 Lud. 506) and in a vote for tythes, the owner need not be named. (2 Lud. 507.) 13. Name of the tenant inserted by the collector after allowance ; vote is bad. (2 Peck. 80.) 14. Name of either owner or tenant sufficient; " Mary B. and Company," Mary only can vote. (2 Peck. 74.) . 15. Voters name in tenants column, and premises ac- tually occupied b\j another, bad. (2 Peck. 74.) 16. Wife's maiden name or her husband's, insufficient if parties have been married twelve months. (2 Peck. 76.) 17. Partnership, all the parties must be assessed in their proper names, or no vote. (2 Peck. 74-78.) 18. Joint Tenants. Assessment in the name of one. Joint Tenant as occupier, bad. (2 Peck 78.) 19 & 20. No Joint Tenant can rote unless his name is on the land-tax assessment, (H. C. 139.) 21 & 22. " Cooper's Company" assessed as owners, instead of W. Biddulph ; but the tenant's name, correct, on proof, that Biddulph was the owner; vote good. (Peck. 68-69.) 23. Share of New River, voted for by Geo. Marshall, it was assessed, " Proprietors of New River ;" vote good. (2 Peck. 74.) 24. No Assessment in the land-tax book, although land-tax paid, and Receipts produced and proved; vote is bad. (Peck. 73.) 25. Occupiers. " Smith and others," Smith never occupied, holden that the voter might shew the real occu- pier, and vote. (2 Lud. 522.) 26. Owner's name in the tenant's column, he being 44 LA LAND TAX ASSESSMENT [AS TO NAMES] continued. occupier at the time, and stated " Ld" for Landlord, good. (2 Peck. 75.) 27. Mother's name, assessed, the voter became entitled by devise within twelve months ; vote held good. (H. C. 142.) 28. Schoolmaster, by way of salary out of charity ; lands-assessed, " charity-land," without name of voter sufficient. (2 Lud. 501.) 29. Owner's name in the Tenant's column. Vote good on proof of identity. (Peck. 69.) 30. If a Voter can prove that his Tenant has actually paid the Land Tax Assessment, and that his own name has been either fraudulently or improperly omitted, he may vote. Male. 31. No Proprietor's name in the assessment, but the tenant's correct, the vote is good. (2 Pack 70.) 32. " t r icar of Stanwell" without stating byname, sufficient. (2 Peck 74.) 33. " G. B. late C. Z)." Owner's column no ob- jection. (2 Peck 69.) 34. Owner's name in wrong column. Owner being himself then the tenant, and his name in tenant's column, good, but if the owner did not occupy the assessment is bad (H. C. 134.2 Peck 76.) Late tenant's or owner's name. See land tax assessment, generally, 10. 35. Wife* s name only bad if voter married 12 months. (2 Peck. 76.) " Late Tenant's name." If the tenant was changed between the making or allowing the assessment and the election, vote good. (2 Peck. 80.) Name of voter inserted in the assessment, after it had been signed by Commissioners, vote bad. (ibid.) 36. Name assessed. " Giles, Kent and Co.." Mr. Dickenson formed one of the Co. held he could not vote. 37. " Vicar of Stanwell" is a good description. (2 Peck 74.) 38. " Sharp's Tenants," bad assessment, no persons being named. (2 Peck 78.) 39. " Moravian Chapel" assessed in the name of one of the party bad. (Male.) LA 45 LAND TAX ASSESSMENT [AS TO NAMES] continued. 40. Name of a joint Tenant inserted in the occu. pier's column bad. (2 Peck 78.) 41. The assessment must be in the name of some per- son in possession wiUiin 2 years. 42. If tenant's name is NOT in the assessment, or if the tenant's name is in, and the voter's not, the vote is good. (Male 151.) , 43. If either owner's or tenant's name in the assess- ment, vote is good. (2 Peck 65.) 44. a. Where the name was rightly spelt in the assess- ment but wrong in the duplicate, no advantage can be taken. (2 Peck. 68.) 44 b. Where the tenant of voter is rated generally, it is presumed to be the land of the voter unless the tenant had other lands of his own in the same parish, and then the presumption is against the voter, who must prove the land to be his OWQ. Glost. ca. 40. 45. A custom in a parish to assess land only, and voter's land alone not worth 40s. per annum, but his house was vote good. H. C. 133. 46. Names of the owner and occupiers were transposed in the assessment vote rejected. H. C. 134. But Mr. Male doubts this. (Male 152.) See Land Tax Assess- ment as to names 34. 47 Land tax. In annuities the assessment must be in the name of the annuitant. If in Landowners name is bad See Schoolmasters Joint Tenants. 48. The outer's name must appear on the assessment. 49. Assessment must be either on the person assessed or owner of the land. (Male.) 50. Where there is more than one name, if any name agree it is sufficient. (Ibid.) 51. Description in assessment, where instead of I. T. the owner " (late G)" was inserted in the owner's column assessment bad. (Peck. 73.) 52. " Mary Bodmead and Co." the vote of another partner in the firm was disallowed. (Peck. 74.) 53. If the owner's name is inserted in the occupier's column, and the premises occupied by another, vote bad. 54. One of 2 joint tenants assessed, the vote of the other rejected. (2 Peck. 78.) 46 LA LAND TAX ASSESSMENT [AS TO NAMES] continued. 55. Marriage, an assessment in the wife's name is bad, if the parties have been married 12 months. (Peck. 76.) 36. " Vicar of Appleby," held good. 57. " New River Company," this description entitled all the shareholders to vote, as the land tax is paid from a general fund. (2 Peck. 74.) 58. In case the tenancy is changed between the making the assessment and the election, the assessment in theoW tenant's name is sufficient, but not so if it con- tinues unaltered several years. (2 Peck. 77.) 59. " Such a one's tenant" is bad. See Exemptions, 20 Geo. III. c. 17. Annuities Rent Charge. LAND-TAX ASSESSMENT (AS TO DESCRIPTION OF ESTATE.) 1. The name of the parish in the Assessment and Poll Book must correspond, and if a " hamlet" maintains its own poor, it must be described as such " hamlet;" but if it does not maintain its own poor, it must be described as in the parish. Steph. (Male.) 2. The name of the street in the Assessment and Poll-Book must also agree. (Ib.) 3. Pariah. The freehold must be described on the poll in the same parish in which the assessment is made, or it is bad. (2 Lud. 509, 416.) 4. Hamlet of a Parish, if it maintains its own poor, has a separate ballot for militia, and a separate Land-tax Assessment, in which the freehold is assessed ; and if it is described on the poll as in the parish generally, the vote is bad. (2 Peck. 71.) 5. Division of a Parish, not maintaining its own poor, it must be described in the parish. (2 Peck. 71.) 6. Name of the Street, described on the poll, must agree with the assessment. (2 Peck. 71.) 7. Poll-Book. If f he description of Land-Tax, re- quired under the different heads, by statute, be incom- plete, the vote is rejected by the committee. (2 Peck. 52.) 8. Assessment, " House ;" Poll-Book, " Ground" The vote is bad. (2 Peck. 71.) LA 47 LAND TAX ASSESSMENT [AS TO DESCRIPTION OF ESTATE] continued. 9. Assessment did not describe the property ; the vote is good. (2 Peck. 71.) 10. Parish, if correct, mistake in township or district, variance is immaterial, (2 Lud. 512,) but see contra. (Male. 266-7.) 11. Description, " Malmsbwy" which was a name common to a parish and a town, and the freehold was in the town, but not in the parish, fatal, but query. (Male, 267.) 12. If a voter describe in the right hundred, but a wrong parish, although the assessment be in the right parish, within the same hundred, vote bad. (2 Lud. 509.) 13. " House and Land" is not a sufficient description for an annuity issuing thereout. (Lud. 503.) 14. Rev. Mr. Ball voted for his Prebendal House, which he held as a member of the corporation, which was repaired out of the common fund, vote rejected, (2 Peck. 113,) not being a corporation. (Sole.) 15. Poll-Book. " Oxford Street." The House re- fused to allow evidence of freehold elsewhere. (27 Journals 22.) 16. Collin's Court, Wapping, should have been Shadwell, vote bad. (2 Peck. 57.) 17. " Saint Giles" is a bad description for a house but good as to land. (2 Peck. 54.) 18." Liberty of the Rolls" sufficient, (ibid.) 19. " John Street, Sepulchre," instead of Saint John Street, good. (2 Peck. 56.) 20. Greenfield Street, Whitechapel. Part of this street is in Whitechapel and part in Mile-End Old Town, and the house in the latter, but very near Whitechapel, and as this was the proper name of the street, vote good. (Male. 156 158.) 21. Freehold partly in two counties, but the name of the occupier given in wrong, vote bad. (2 Lud. 510.) 22. If variance explained by proving that two places adjoin and sometimes called by same name, vote good. (2 Lud. 416.) 23. Whitechapel High Street, ought to have been Whitechapel Road, vote bad, (ibid.) LAND TAX ASSESSMENT [AS TO DESCRIPTION OF ESTATE] continued. 24. Chandos Street. Houses situate in Ship Yard, which is generally called Chandos Street, vote is good, (ibid.) 25. " Harrow," assessed in Pinner, which is a hamlet maintaining its own poor, &c. vote bad, (ibid.) See Hamlet. 26. Description. If a voter describe it in a right hundred, but wrong parish, assessment in rigbt parish but same hundred, vote bad. (Male.) 27. " House and Land," description : voter precluded from supporting it as an annuity issuing thereout. (Ibid.) 28. Disputed Boundary ; premises stood upon one assessed in London, but vote for Middlesex allowed. (Peck. 80.) LAND TAX ASSESSMENT, GENERALLY. 1. By 20 Geo. III. c. 17. s. 1. six calendar months' assessment before the election, to be computed from the day of voting. (3 Doug. 234. 2 Sim. 62. 2 Peck. 6390.) 2. Any person may inspect it, on payment of Is. and may have a copy on payment of 6d. for 300 words or figures. 3. Duplicates of the assessment to be placed on the church door. 4. Books of assessment are no proof of the actual value, (2 Peck. 105;) and irregularly kept, being allowed to serve several years, still good evidence. (Peck. 80.) 5. Entry, " Philip Harrison, poor," he was owner of 2 cottages ; and though he never paid the land-tax, his vote was held good. 6. Day Labourer, in possession several years of 2 cottages, land-tax never collected, vote good. (2 Peck. 117. 1 Peck. 506-7-8.) 7. Evidence of Assessor or Collector, only receivable in cases of ambiguity or inconsistency, and not of total omis- sion, (2 Peck. 73, 75.) but' may prove identity, or that the voter was actually intended to be assessed, (2 Lud. 497. 2 Peck. 67.) or a mistake. See Land- tax. Variance. LA 49 LAND TAX ASSESSMENT [GENERALLY] contin. , .... 8. Proof of Rate or Redemption. The onus lies on the voter, " he shall shew satisfactorily" (30 G. III.) .... 9. Assessed as Charity-land. Two school-masters voted each for " Land and Tylhe," good. (H. C. 137.) .... 10. John R. and Edward, two Joint Tenants, but Edward only assessed. John voted and it was bad. Assessment in the name of one Joint Tenant, as occupier, bad ; and therefore neither can vote, but (2 Peck. 78.) . . . . 11. If one Joint Tenant is named fls owner, he only can vote. (Male, 152.) .... 12. By 20 G. III. c. 17. if one tenant holds premises from different landlords, then the property of each land- lord must be distinctly rated. (H. C. 1 39.) See Annuity, (registering.) . . . . 13. Variance in Poll and Assessment. The party sup- porting the vote, must justify it; and if no explanatory evidence is given, vote bad : the assessor or collector may prove that they had made a mistake. (2 Peck. 67.) .' . . . 14. Variance in Surname. If they sound the same, the name is considered the same. (2 Peck. 67, 52.) . ... 15. Thomas James Jennings gave a vote, but the assessment Thomas only, on evidence of identity, (Male. 153.) the vote good. See Contra. (2 Lud. 516. 2 Peck. 68.) . . . . 16. If no owner is assessed, but the occupier is, which agrees with the poll, the assessment is good, and vice versa. 30 G. III. c. 35. Peck 70.) . ... 17. Occupier's Christian name omitted or spelt with initials of the owner's name, the vote is good. (Peck 73.) . . . . 18. Initials of surname only on the poll, and name at full length in the assessment no objection. (Peck. 70.) See Master of Charter House. 19. Vote for growrad,but assessed for a house, is bad. (2 Peck. 71.) . . . . 20. Blank in the assessment for description of the pro- perty, vote is good. (2 Peck. 71.) . . . . 21. Assessment (Prior, Sf Co.) Mr. John Gibson proved himself one of the firm, but his vote held bad. (2 Peck. 78.) . . . . 22. If any Duplicate is correct, the vote is good, (2 F 50 LA LAND TAX ASSESSMENT [GENERALLY] contin. Lud. 527, as by 20 G. III. c. 17,) every duplicate is evi- dence, but assessor ought to prove the mistake, and that he meant the right person. (2 Peck. 68.) 23. Maybe inspected at Clerk of the Peace Office, on payment of 6d. and may have copies on payment of 6rf. for every 300 words. (18 G. II. c. 18.) 24. If freeholder's name be not in the land-tax assess- ment, or in any other respect, it is incorrect ; he may appeal to the commissioner? or to the quarter-sessions. (20 G. III. c. 17.) And the rate shall be altered, and party placed in same state as if properly rated at the first. 25. If reference hereto refused by the returning officer, he will be punished. (2 Peck. 28.) 26. Assessments correct, but the duplicate to clerk of the peace wrong, vote good. (2 Lud. 527.) 27. One of the duplicates correct, " Rev. J. William- son," but the assessment and the other duplicate wrong, " John Williams," vote good on proof of identity by assessor. (2 Peck. 68.) See Descent. Dower. Borough or Town. Fee Farm Rents. First day of Election. LAND-TAX ASSESSMENT. (EXEMPTIONS FROM) the necessity of being rated. 1. Offices, persons voting in right of. (See Offices.) 2. 3 Geo. III. c. 24, no person shall vote for any annuity or rent-charge unless registered with the Clerk of the Peace 12 months before the election. 3. See Fee-Farm Rents, and Cities and Towns, Counties, Schoolmaster voted for a rent-charge out of lands settled upon the rector who appoints him, though the rent-charge was neither assessed nor registered, the " Benefice" itself being duly assessed. 4. Vicar voted for a stipend received from the im- propriator of the great tythes, though not assessed, held good, the impropriator being assessed. 5. Annuities. It seems to be the better opinion that annuities annexed to offices do not require (3 Geo. III. c. 24) to be registered or assessed j provided the land out of which they issue is assessed, the vote is good. 6. Annuity described in the register as by " Descent' when it should have been by " Marriage Settlement," a majority of the committee held it was bad. LA 51 LAND TAX ASSESSMENT [EXEMPTIONS FROM] continued. , 7. If the names of the late owners in the land-tax assessment, having died -within two years, it is no objec- tion that the names of the present should be entered. 8. Annuities or fee-farm rents (if duly registered) and issuing out of lands rated or assessed to the land- tax, are specially exempted from the operation of the land-tax assessment. (3 Geo. III. c. 24. 2 Peck. 82, 85, 81; 87; 89; 113. See Annuity, 8.) See Benefice, Schoolmaster, Descent, Marriage, Rent, Charge. LAND TAX. PURCHASERS OF UNREDEEMED LAND TAX. 1. Of even a copyhold estate may vote, and by 42 Geo. III. c. 116, they "shall be deemed to be in the " actual possession of a yearly rent or sum as of fee- " farm rent equal in amount to the land-tax so purchased.' ' 2. " Copies of the register of contracts good evi- " dence, no stamps required for contract, and no occa- " sion for the land-tax being registered as an annuity." 3. Votes disallowed hereon. (See Peck. 91.) 4. In counties, votes never questioned, but not so in boroughs. (Male. 331.) 5. Purchasers of the land-tax would greatly extend the elective franchise. (I6zc/.) 6. (By 51 Geo. III. c. 99.) All land-tax not re- deemed by the owners of the estate before 24th June 1803, the Commissioners may sell to any other person. 7. The purchaser thereof shall be entitled to a fee- farm rent thereout equal to the land-tax redeemed, and shall not be compelled to shew that such lands, &c. have been assessed to the land-tax. (Ibid. Male.) 8. No stamp is necessary on this purchase from ths Commissioners ; but quere from the owner 1 9. Nor shall it be necessary to register the purchase like other fee-farm rents, or to produce any certificate thereof. (16.) 10. Purchasers hereof may vote either for counties, cities, or boroughs. (/&.) 12. No objection has been made at the last two gene ral elections against the validity of these votes in coun F 2 52 LA LAND TAX [PURCHASERS OF UNREDEEMED LAND TAX] continued. ties ; but as to boroughs, the question has not been de- termined by the House. (IS.) 13. The owner of an estate may redeem, but cannot purchase his land-tax. (16.) 14. If he neglect, a stranger may purchase the land- tax, and vote instantly for it as a fee- farm rent. (It.) LAND TAX REDEEMED. 1. By 42 Geo. 3. c. 116: " All persons shall be entitled to vote without being com- " pelled to shew that such messuages, &c., have been " assessed to the land tax, upon proving to the satisfaction " of the returning-officer on oath, that such land tax hath " at any time previous to such election been redeemed or " purchased." But query if the contract for redemption is dated after the first day of election, but previous to the vote. 2. He must also shew his title to the land tax. 3. A variance of the name of the tenant on the poll is immaterial, provided the identity of the premises is proved. (2 Peck. 86.) .... . . On proof that it was redeemed at any time " previous to such election," good vote without proof of previous assessment, 42 Geo. 3, c. 116. 5. Doubts have been en?ertained whether the contract for redemption must not bear date before \hefirst day of the election, or if it is redeemed before the vote is given, whether it is sufficient ; the latter seems to be the better opinion on analogy to the cases of descent, marriage, &c. 6. Redemption contract described " belonging to John Atkinson, assessed in the name of Richard Atkinson." Objection there is no proof of title from John to Richard. Committee held vote good, (2 Peck. 87.) 7. Copy of the contract is made evidence by 42 G. 3, if signed by proper officer. 8. The statute, 30 Geo. 3, no vote " unless the land " tax shall have been redeemed or purchased any time " before the election." LAND TAX PAID BY TENANT shall be added to the rent to make it 40s., but church or poor tax cannot be added. (2 Lud. 475.) LA LI 53 LAST DETERMINATION. 1. Of any committee of the House on the right of election, is by statute conclusive, unless appealed against within one year. (28 Geo- 3. c. 52. 2 Geo. 2. c. 24. 4.) and other committees can- not receive evidence to contradict it, but they may to ex- tend and explain it. (3 Doug. 56. H. B. 222. 250.) though if expressed in doubtful terms they may explain it. (Sheph. 109.) ...... 2. Subsequent usage cannot alter this. (Corb. Dan. 50.) 3. So nothing but a new act of Parliament can alter the last determination of the committee: even the right of election in burgage tenures is to be decided by the com- mittee. (28 Geo. 3. c. 52.) LAWYERS were formerly excluded from becoming- mem- bers by Henry IV. to prevent men of learning from op- posing an extravagant loan. LEASEHOLDER FOR YEARS, even for one thousand years, or a life or lives. No freehold and no vote. LEGAL EXPENSES no bribery. See Bribery, 16. LEGATEES. A. devises his estate to B. in trust, to pay debts and raise legacies for his children. B. refused to take the trust. The legatees entered and received the rents for five years : good vote. (2 Lud. 425.) LIBEL. A person convicted thereof may nevertheless, as an elector, petition the House. a person convicted of a libel may sit. (1 Peck. 337.) LIFE ESTATE of 40s. issuing out of chargeable or free- hold land, is a freehold and good vote, if land tax as- sessed. LINCOLN'S INN SOCIETY, BOOKS OF. Not re- ceivable to impeach a voter's title to his freehold. (2 Peck. 119.) LINCOLN'S INN, MEMBERS OF, having chambers, vote at Middlesex election. LISTS OF ALL TOWNS within the wards, laiths, or hun- dreds, by 18 Geo. 2. c. 18. to be furnished by the sheriff' to the candidate, at 2s. each, and the sheriff to cause a copy to be posted in each poll book. LIVERYMEN OF LONDON. 1. By 11 Geo. 1. c. 18. " no person shall vote for the city who shall not have been " (12 calendar months) upon livery before such election, " and paid his livery fines, and not received them back, F 3 54 LI LU LIVERYMEN OF LONDON continued. " or any allowance in respect thereof, nor who has within " two years been discharged from paying his rates or " taxes, or received alms within that period." LOAN. See Bribery, 9. LONDON (CITY OF) ELECTION. 1. Regulated by 11 G. 1. c. 18. s. 4. See Liverymen of London. 2. Poll for election members finishes in seven days, exclusive of Sunday. ....... 3. Poll in wardmotes three days, exclusive of Sunday. 4. Poll-books to be sealed each day in the presence of the candidates. 5. Scrutiny if demanded must be granted. 6. If no scrutiny, then on the day next after the fina 1 close, the return to be declared. (Male. 192.) 7. See " Charity" disqualification, if received in two years. LORDS LIEUTENANT of counties cannot vote, and must not interfere. LOSS OF TIME (money paid for.) See Travelling Ex- penses. " LOSS OF TIME," money paid for. See Bribery, 22. . LUNATICS, unless in a lucid interval cannot vote. (Hale Parl. 116,) and on a member becoming so his seat may be voided. (Grampound). (D. Ewes, 126.) LUNATIC may vote at a lucid interval, but the returning- officer ought to examine him with ihe greatest strictness. Member becoming so, his seat is vacated, 55 M. MAGISTRATES. See Riot Act, military 1. Query, whether Magistrates are justified in declining to call in the mili- tary, where the riots cannot be otherwise suppressed. (Male . 120. 1 Peck. 77. 80.) See Interrupting the Election. MANORS. Burgages held of no votes. (Male 298.) MARRIAGE (during the Election) gives a good vote for pre- mises to which the voter became entitled thereby. (2 Peck. 115.) even if the husband received parish relief within the year, the vote is good (1 Peck. 72.) MARRIAGE SETTLEMENT. If the husband has no con- trol over the rents, he cannot vote. (Lud. 422.) MARRIAGE, or Marriage Settlement 40s. in Land, may vote instantly; even a person married during the election may vote. (2 Peck. 115.) Rev. G. Bailey (See Rent] who was married during the election, was entitled to vote. MASTER GENERAL OF THE ORDNANCE. A member does not vacate his seat, on being appointed to this office. (Orme, 272.) MASTER OF THE ROLLS may sit in parliament. MASTER OF THE CHARTER HOUSE having re- deemed the Land Tax of his house which he held, virtute nfficii, good vote. STER ~ MASTER IN CHANCERY IN ENGLAND entitled to vote, Office of no vote. (2 Peck 98.) Are Assistants to the House of Lords, and cannot sit in the Commons. (4 Inst. p. 4. MAYOR OR BAILIFF for the particular Borough where they are returning officers, cannot sit in the House. (Orme, 259.) MAYOR. See Sacrament. See Return. MEMBERS OF PARLIAMENT. 1. Who cannot be such. See Candidate. 2. Have no privilege (except ar- rest) in actions. ...... 3. Were formerly paid by their constituents, a Knight of the Shire, 4s. a day ; and a burgess, 2s. a day. 4. elected for two places, cannot make their Election for 56 ME MI MEMBERS OF PARLIAMENT continued. which place they will sit until 14 days after opening the Session. (Simeon 40.) House of Commons may expel these members, and declare them incompetent, but if re- elected, as in the casa of Lord Cochrane, they may sit. ...... 5. Becoming Bankrupt. See Bankrupt. 6. A Member of Parliament is ineligible for any other place, except he vacates his seat. 7. Not actually in the service at the time of a com- mission being given them by the crown, they vacate their seats, pursuant to 6 Ann, c. 7, 26. See Patent Place. 8. Reversionary Grant to a Member is no vacation of his seat, until he actually accept it. (Orme270.) 9. Foreign employment as ambassador, 5cc. Accept- ance thereof, does not vacate a seat. (2 Hatsell.) 10. If elected against his will must serve, and cannot avoid his seat, but by not taking the oaths or neglecting to give in his qualification, unless by getting appointed to some office. (1 Doug. 281. Male. 62.) See Bankrupt. MEMORIAL, Copy of. See Conveyance, Title Deeds. MESSUAGE. Part of. See Joint tenant. MILITARY. 1. Secretary at War to order them to remove to at least the distance of two miles from place of Elec- tion oneday at the least before the day of Election, and not to return until one day after the close of the poll,- except in Westminster and Southwark, and all garrison or fortified towns, (Male,) but 2. Individual soldiers may attend and vote. (Ibid.) 3. Unless they are removed from the place of elec- tion, the election may be declared void, but they may attend in extreme cases. (Ibid.) 4. May be called in. In case of riots which are very serious. 5. Some magistrates who had called in the military unnecessarily, were reprimanded by the Speaker on their knees in the house. 6. Their interference at Elections prohibited (8 G. II. c. 30.) and if so, Elections declared void (4 Jour- nals, 346.) MILITIA-MAN. (By 42 G. III. c. 90.) A voter not liable to any penalty or punishment in their absence from their quarters to go to the Election, nor does parish relief to MI MO. 57 MILITIA-MAN continued. his wife and family in his absence, when on actual ser- vice, disqualify him. MINOR. Flintshire Election. Notice was given that Sir Thomas Mostyn, one of the candidates, was a minor; he was nevertheless returned ; the Committee voted his return vexatious, and seated the other candidate. MINORS cannot vote or be elected, 7 & 8 W. 3, c. 25. (Peck. 526.) MINISTERS OF THE CROWN. See Peers, &c. MISTAKE in Poll Book amended. (See Poll Book, Check Book Voter. Improper conduct, or mistake of returning officers. See Land Tax Assessment where avoter tendered his vote for Abbey Hundred, and he was told to go to another booth and did not, but by mistake he thought he had,polled a Committee would not add his name to the poll ; (2 Lud. 420.) though he had a freehold in both booths. MONEY receiving given to prevent a vote. See Bribery, 26. MONEY distributed after an Election, without any previous promise so to do, is not bribery. (2 Doug. 137. 1 Peck. 467.) See Bribery and Travelling Expenses. MORAVIANS AND QUAKERS allowed to affirm by 22 G. II. c. 30. MORTGAGE is no qualification for a member unless he has been mortgagee in possession 7 years (9 Ann, c. 5. s. 5.) MORTGAGE paid off by a loan from a third person three months previous to Election without interest, Mort- gagee being then in possession, and after the Election, a new Mortgage was executed to lender for the money and Interest the vote of the Mortgagor held bad, though in possession when he voted. (Male. 296.) MORTGAGEE OR TRUSTEE. 1. Cannot rote except in actual possession or in receipt of the rents (7 and 8 William III. c. 25,) but a mortgagee or cestui que trust in possession may vote (9 Anne c. 5, s. 4.) 3. After death of Mortgagor the Mortgagee took the estate by parol agreement with the Devisee in lieu of his charge, vote held good. (2 Lud. 440.) 4. So where the bargain had been made, and pos- session for 12 months held by Mortgagee good, though no conveyance made, or purchase money paid above six months before election. (2 Lud. 540.) See Tiustee. 58 MO MORTGAGOR.!. May vote, see 7 and 8 William III. c. s. 7. 2. But query if the land is mortgaged for more than the value ; there are contrary decisions of committees on this point (2 Lud. 450, 471, and 2 Peck 103. 2 Lud. 470, 1 Heyw. 148. See 28 Geo. III. c. 36.) 3. But where the owner incumbered his estate below . 100, his qualification to kill game was held to have been defeated. 4. Even a surrender of the possession and the rents, for the purpose of clearing off the principal, will not defeat the mortgagor's nght, if it appears there would be 40s. a year to him. (2 Peck 103). The last determina- tion is against the right of the mortgagor. (2 Peck. 103.) 5. If the mortgage exceed the value of the particular estate for which the tenant votes, and there are other estates mortgaged in the same deed, the rents of which are 40s. beyond the interest, the vote is good. (2 Peck. 103.) 6. Mortgagor in possession cannot vote if the interest of his mortgage money reduces the value below 40s. (H. C. p. 94.) 7. Cannot vote if the interest on the Mortgage money reduces the value below 40s. (H. C. p. 94. Male 145, Simeon 85. H. C. 143. 147. 150. 18 G. II. c. 18. Burn's Justice, Wetherall v. Hall.) 8. Mortgagor in possession of the land of the value of 40s. a year, and the devisee in possession of the lands of the value of 40s. a year, devised subject to the payment of debts and legacies, are entitled to vote. (Male 145.) 9. On proof before a Committee that the interest upon the mortgaged estate, in right of which only the vote was given, reduced the value below 40s. per annum, the vote was bad though the Mortgagor had other eood estates (H. C. 94.1 59 N. NAMES. See Land Tax Assessment Poll Book. NATURALIZED SUBJECT may vote. NAVY OFFICERS. See Army and Navy Officers. NOMINATION OF THE CANDIDATES unnecessary. (3 Lud. 19.) See opening of the Election. NOMINATING OR RECOMMENDING A CANDIDATE. See Cinque Ports. NOTICE OF ELECTION in Boroughs. See day of Election. 1. If given on a Sunday. The consent of the candidates will not cure this or any insufficient notice, but theelection will be avoided. " NO FREEHOLD," or No Freehold as described on the Poll," good objection. NOTICE OF ELECTION. If not given by the returning officer on the proper days, and within the proper hours required by Stat. 33, G. III. c. 64, the election void. See Day of Election. NOTICE OF DISQUALIFICATION. See Bribery, 1, 2, 3. NOTORIETY OF MEMBER'S DISQUALIFICATION. Lord Manfield says it is tantamount to notice of it, (1 Doug. K. B. 398. n. Heyw. Co. El. 537. 60 o. OATHS AT ELECTIONS. No other oath than what is ex- pressly required, ought, under any circumstances, to be administered. (Male.) OATHS (at Elections). If the party whose duty it is to ad- minister them, refuses so to do when required, he may not only be punished by the House of Commons, but indicted at the common law for the misdemeanor. OATHS OF ALLEGIANCE AND SUPREMACY, the declara- tion against Popery, and the abjuration oaths, must be taken by every member before he takes his seat in the house, under severe penalties. OATHS (of Voters) not more than 12 voters to be sworn at one time, (34 G. III. c. 73.) 1. All the oaths except the bribery oaths to be taken before commissioners. (42 G. III. c. 62; and 43 G. III. c. 74.) 2. Must be translated if the voter does not understand the language. (H. C. 446, and Roe 644.) 3. Voter must swear he is 21. (30Geo. III.) 4. None to be administered but those required by law. (Glanv. 104, 106, 109 ; and 1 Journals, 708 :) though ad- ministration of illegal oaths, though a misdemeanor, will not void the election. (9 Jour.) 84.) 5. On Scrutinies general evidence on oath may be given. (25 G. III. c. 84.) 6. Parties refusing to administer the proper oaths pu- nished by the House. (9 Jour. 84.) OBJECTED VOTES. 1. Sir Fletcher Norton said, " It is doubtful whether the parties must not consent to voters being received with a query." (33 Journ. 162. 2. The returning officer reprimanded for striking out the disputed votes of one of the candidates without discus- sion. (Ibid.) 3. Objections hereto discussed after three o'clock on the 15th day of the poll ; but, before declaring the num- bers, it is very doubtful whether they can be added to the poll. (2 Peck. 338, 342, 345, 370.) OB OC 61 OATHS OF VOTERS continued. 4. Objections not supported, the returning officer may strike them out of the list. (10 Journ. 520. 5. The returning officer must decide them before he declare the final majority (1 Lud. 352,) he cannot strike them out in a lump, and thus turn the balance (Sir Fletcher Norton). 6. The list must contain for whom tendered (1 Peck 381396.) See Disputed Votes. 7. Returning Officer. After a vote is tendered and objected to and entered on the poll books, it may be de- cided after the close of the poll on the 15th day, and added to the poll in the presence of the under-sheriffand asses- sor on the proper oaths being taken.* (Male.) OBJECTIONS TO VOTES ought to be reduced to writing, and mutually interchanged between the agents. They are to be strictly observed, and it is not allowed to the objector to shift his ground. (Glost. 105.) 2. " No Freeholder of 40s. value," the committee held that it might be shewn he had no Freehold. 3. Objections (written) " No Freehold," " No Free- hold as described on the Poll." Under this an inquiry was not allowed as to 1 year's possession. (2 Peck. 50.) 4. No Possession for 1 year" Evidence of no free- hold, rejected. (Glost. 115.) 5. "No Freehold" The voter gave it in as a rent reserved. Evidence of a rent charge not allowed. (Glost. 121.) 6. "No Freehold." " No Freehold as described on the Poll not duly assessed." Evidence of no freehold in the occupation of the tenant named on the poll rejected. (2 Peck. 50.) OCCASIONALLY is of two kinds. 1st, not legal, but is a parliamentary fraud, by obtaining a right of voting, though sincerely and bonafide, but upon the eve of an election, and for the express and only purpose of voting. 2nd, a fraud-voting for an illusory or pretended grant. See Burgage Tenures, 5. * But where the returning officer refuged after thu close of the poll to decide the reserved votes, the election held good, there being n proof of partial or illegal conduct. (Male.) G 62 OF OR OFFICES. Whose emoluments (40s. per annum,) arise out of Land, give a right of voting (Shep. 9.) but if the ap- pointment be only for one year, the vote is bad. (Peck. 88.) 2. But no office where the emoluments do not arise put of land, can give a vote where the emoluments arise out of land which is situate in one county, and the office is exercised in another, not entitled to vote in the county where the office is exercised. (See Organist.} 3. Persons holding them in fee or for life, whether they concern lands or not, if rated to the Land Tax, may vote for county members. (H. C. 43, 44.) The land tax as to these offices is only 6 months in counties, but 12 months in cities and towns being counties. 4. Office " during good behaviour," good vote. (See " Register of Court of Chancery," " Bacon's Abridg- ment ofBontface" " Annuity or Rent Charge." 5. Land Tax, or Registry. Persons voting in right of offices are exempted from being rated, or the registry, but it lies on the voter to prove the nature of the office and his appointment ; and if appointment for 1 year only, the vote is bad. (2 Peck. 88.) See Parish Clerk. Chancery Sworn Clerk. OFFICE. See Bribery. 9. OFFICES (New) UNDER THE CROWN, created since 1705. Persons holding them, and certain other per- sons mentioned in 6 Ann, c. 7, s. 25, cannot become members. OPENING OF THE ELECTION. On the day ap- pointed, between 8 and 11 in the morning, the returning officer after proclamation for persons to give their attend- ance, then proclamation for silence, opens the proceedings by reading the writ or precept ; then he must read or cause to be read, the Bribery Act ; the returning officer must then call upon the electors to name the candidates, and after they are nominated, each candidate may be called upon by the other, or by any two electors, to take the oath of qualification, unless rendered unnecessary by the cases specified Stat. of Ann, c. 5. (See Qualification.') but the question is undecided whether if the candidate take the oath any time before the day when parliament meet, it be not sufficient, or if it must be on the day of election. ORGANIST OF A CHURCH IN MIDDLESEX, paid out of lauds ov PA 63 ORGANIST continued. in Surry, rejected by the committee on the Middlesex election. (2 Peck 91.) O VERSE ERS. See Scot and Lot, Charity, Relief. OUTLAW may be elected a member. (See Outlawry.) OUTLAWRY in criminal suits disqualifies, but in civil suits does not. (Orme 255) Rale's Pad. 169. 113. Journ. 23 Mar. 1603) (H. C. 219). PAPISTS. 1. As they cannot take the oath cannot sit in the House. (30 C. 1 1. 2. c. 1.) but if they do take the oaths they may either sit or vote for members. PARISH. Vote in the wrong one. See Voter. APOTHECARY. 1. If he attend a voter gratis at the request of a private individual, the vote is good. (1 Peck. 508.); but otherwise, if at the-request of the parish officers, (ibid,) see Relief. See Poll Clerks. May vote if appointed gene- rally, and not for a limited time. (2 Peck. 107.) He is by the common law an officer, and in for life, with- out deed. (2 Salk. 536.) 2. Not bound to produce his appointment. (2 Peck. 133.) 3. (See Schoolmasters) hold their office generally for life ; may vote without being assessed. (2 Peck. 88.) Rates. See Scot and Lot. Relief. See Relief. Aims. PARLIAMENT, to summon, prorogue, and dissolve, the sole prerogative of the King. 2. Duration of. (4 Edw. 3. c. 14.) Compelled the Crown to call a Parliament once at least in every year; and 16 Charles I. it was extended to three years, unless dissolved sooner. Charles the 2d repealed this, but the triennial act was renewed by William 64 PA PK PARLIAMENT continued. and Mary, 6th year of their reign, and in the 1st Geo. I. it was enlarged to seven years. 3. The crown must still summon a new Parliament within three years from the dissolution of the old. 4. 49 Hen. III. 1263, is the first date of our Parliament meeting. 5. To continue seven years unless dissolved by the crown. 6. On the demise of the crown must meet imme- diately, and continue six months. PARLIAMENTARY TAXES must not be deducted from the rental, to reduce it below 40s. See Right of Voting. Reform. 1. Many great and able Statesmen, and other men have differed hereon. Judge Blackstone attributes the greatest calamities to Rome, and even the final loss of its liberty, to the confusion which arose in the public elections by indulging too large a number of persons in the participation of the privileges of Roman citizens. PAROCHIAL RELIEF. See Charity, Alms Relief. Rates must not be deducted from the rental, to reduce it below 40s. See Right of Voting. PAROL AND OTHER EVIDENCE. It is doubtful whe- ther admissible to correct both poll and check-books, where notice of the mistake was given to the sheriff at the election. (1 Lud. 382,) but see 2 Peck. 52, allowed to explain mistakes. (Glost. 1 39.) " PART OF A MESSUAGE." A freeholder gave in this description of his estate, and being a joint-tenant, vote held good. (Male.) PATENT PLACE for life out of Great Britain. Accept- ance of by a member, vacates his seat. (Orme, 261.) PAUPER. See Alms, Relief ', Charity. Scot and lot. PAYMASTER (DEPUTY OF THE ARMY) may be a Member. OF THE ARMY'S CLEHK disqualified as a Member. PEERS. (Irish) may sit for England, unless elected to sit in the House of Lords. (Roe, p. 72.) but if they do not sit, not to have the privilege of peers, nor to be eligible as peers, nor to vote at the election for peers. (39 and 40. G. 3. c. 67.) PE 65 PEERS continued. OR MINISTERS OF THE CROWN. The House of Commons have declared (but the Lords have never recognised it) that it is a high infringement of their liberties, for any peer (except Irish peers, when candidates for places in Great Britain) to concern themselves in the election of members of that House. (37. Jour. 507.) SCOTCH, (eldest sons of,) cannot sit for places in Scotland. (13 & 14 Jour.) 2. During pleasure or for term of years, cannot sit, 1 Geo. 1. 2. c. 56. but a pension to the wife does not disqualify. Scotch, cannot sit in the House. (39 and 40. Geo. III.) PENSIONERS. During pleasure, or for a term of years, cannot become members, (1 Geo. I.) ; but a pension r&- ceived by the wife does not disqualify the husband. (Sheph. 59.) PERJURY. Or subornation of perjury ; conviction thereof, disqualifies for ever. (2 Geo. II. c. 24.) PERPETUAL CURACY IF SALARY derived out of freehold land, a good vote. (I H. C. 80.) PETTY BAG OFFICE (Clerk in,) no vote. (2 Peck. 100.) PETITIONS AGAINST THE RETURN. Any per- son claiming a right to vote may petition (28 Geo. III. c. 52) the House in 14 days from the commencement of the Session. (34 Geo. III.) 2. Yet no Petitioner can give evidence, or be a witness in support of it. No one can petition against the member for whom he voted. (1 Peck. 210.) 3. See Recognizances, Libel. Bribery, 27, 28. 4. If the petitioner is proved not to be a freeholder, there is an end of the petition. (1 Peck. 210) 5 If the counsel do not state all the facts and objections in his opening speech, he is not permitted to prove others. (I. Peck. 388-9.) ...... 6. Lists of the Objected Votes, and each particular objection to be delivered to the Clerk of the House of Commons 10 days before petition appointed to be heard, for inspection of all parties, and no other objec- tion can be heard. (2 Peck. 45, 46.) 7. If the Committee report a Petition frivolous or o 3 66 PE PO PETITIONS AGAINST THE RETURN, continued vexatious, it entitles the opposite party to costs as in the folowing cases. 8. If the Petitioner bring no evidence, or it fails altogether to support the allegations, or the Petition is groundless. 9. If the sitting Members do not oppose the Petition, the Election is declared vexatious, and they are liable to costs. 10. The costs are taxed by two persons appointed by the Speaker, who gives a certificate of the amount thereof, which has the effect of a warrant of attorney to confess judgment. The recognizance is estreated into the Ex- chequer. 11. Where the costs have been paid by one of the parties, he may recover their proportion from the others. PLACEMEN in the public offices cannot sit. (15Geo. 2. c. 22. 9. and 22 Geo. 3. c. 45. 1.) PLACE OF ELECTION. 1. (Towns) must be within the district, and "if not held in the usual place I think it would be void. (Male.) 2. (Counties) must be at the same places as held in for the last forty years. PLANTATIONS. Governors and Deputy Governors dis- qualified as Members. POLL Denied to a candidate who was in prison in execu- tion for debf, and members declared duly elected. (2 Ba. Abrd. 123. 1 Hatzell, 155. 2 Hatzell, 37. Com. Dig. Parl. D. 9.) 2. If demand of poll made, and the sheriff attend in proper time and place, and no electors come forward in a reasonable time, the demand maybe treated as a nullity, and a return made forthwith. 1 Peck. 77.) 3. Must be taken by the Sheriff, or in his absence, by the under sheriff, or such other persons as the sheriff shall depute as his clerks. (7 and 8. W. 3. c. 25.) 4. Must be demanded by an elector or candidate at any time before the returning officer declares the majority on view, or within a reasonable time afterwards. (Heyw. 369. \) and if refused, the election on view is void. (Glanv. 76, 81.) See Returning Officer. PO 67 POLL continued. .... 5. But when the poll has been -gran ted, he must pro- ceed with it, though the party who demanded it, waive it, otherwise election void. (Glanv. 133, 141.) 6. If after such demand no votes are tendered, he may return according to the view. (ShepL. 71.) , . . . . 7. It must commence by stat. 25. Geo. 3. c. 84, on the day it is demanded or the day after, unless that be Sunday, and continue daily, Sundays excepted. (Sheph. 71.) 8. Must not be kept open in a county election more days than fifteen ; and if so, must open at eight in the morning, and close at three o'clock on the fifteenth day, and then no previous proclamation necessary to close it ; after this the returning officer may make a short adjourn- ment to cast up the numbers. 9. If returning officer open a poll without a de- mand, he will be punished. (1 Peck. 77.) 10. Demanded in due time by candidate or elector must be granted, or election void, (7 & 8 W. 3. c. 25. 1 Journals 724. Glanv. 7 8 Jour. 69.) 11. Tire returning officer in county elections must grant a copy of the poll to any person demanding it, under penalty of 500/. on his paying a reasonable charge. (7 & 8 W. 3. c. 25.) 12. If a poll is demanded " of the inhabitants" only, when it ought to have been of them and the residents, it is a void demand of poll, and election on view good. 13. Poll must be kept open daily seven hours, between eight and four in each day subsequent to the first. (25 Geo. III. and 7 & 8 W. III.) .... 14. If any one poll in a different right from that which gives him the franchise, his name will, on petition, be struck off the poll. 15. Cloning Ike Poll. Previous to this, the Returning Officer, if possible, ought not to allow a single question to be undecided. (1 Heywood, 616.) 16. When all the electors present have polled, and a reasonable time has been allowed for others to come in, the Returning Officer may close it, making three procla- mations to that effect, at short intervals the reasonable 68 PO POLL continued. time depends upon circumstance? ; it must be closed at or before three o'clock on the last day. (See Returning Officer. 1 Lud. 351. 1 Heyw. 595. Simeon, 163.) 17. It is generally closed by consent, but if that cannot be obtained, the Returning Officer must exercise a sound judgment therein. 18. When once closed, it cannot be re-opened, even when it was improperly closed. (1 Glanv. 71. H. C. 399.) POLL BOOK.. It must appear on the poll book that the freehold is of 40s. a year ; for if a voter gives in a deficient freehold, (though he have good ones,) his vote is bad. (2 Lud. 444.) 2. Sheriff may correct a mistake in it by the check- book, but not obliged to do so unless pointed out in a reasonable time. (H. C. 351. 3 Lud. 376.) See In- sp ecto rs Ide n tily . 3. Voter allowed to prove a mistake, though both the poll and check- book agree. (2 Lud. 410, 499,412, 413.) 4. See Insufficient FieeJwld. May be altered by the poll-clerk if he make a mistake in taking down for a wrong candidate, but this should be done with the ut- most caution and upon very clear evidence, as both the check-books must prove the mistake ; it cannot be altered if the miftake is not discovered during the poll. (Lud. 375. 6. Sim. 157. 8. 2 Lud. 404.; 5. Similarity of Sound having caused a mistake in entering the names, it is no objection. (2 Peck. 52.) 6. In elections for counties, in twenty days after election, all poll-books to be delivered on oath to the clerk of the peace. (10 Anne, c. 23. See Sheriff.) 7. Is the best evidence, but must be authenticated. (2 Peck. 270.) must be produced on election Petition, (see Parol. Evidence") Blanks. 8. Ought to be signed by the Poll CItrk and Sheriff each night. 9. Must be delivered to the Clerk of the Peace for the county within twenty days, and he has the legal custody thereof and must produce it. (Male.) 10. If the Poll-Book be lost, the Check Poll-Book is evidence. (Male.) PO 69 POLL BOOK continued. 11 (for Towns) remains with the Town Clerk. Cities also. POLL CLERKS. Counties, one or more are to be ap- pointed by the sheriff for each booth, and should be sworn (25 G. III. c. 84.) See Borough, or Town Election. 2 Must not receive votes for any district out of his list, unless the place is not mentioned in any list, (18 Geo. II. c. 18.) 3. In Counties must be sworn at the expense of the candidates. (7 & 8 W. 3.) 4. In boroughs must be sworn at the expense of the returning-officer, though if the returning officer refuse to swear them the election is good, but he will be cen- sured. (1 Peck. 506.) 5. A " Sufficient Number" to be appointed. 6. If the vote consist " in Rent," the names of the owners or possessors of the lands or tenements out of which such rent issue, or some or one of them, and the situation of such lands, &c. must be set down. (7 & 8 W. 3.) 7. If no commissioners for administering the oaths be appointed, they may swear the freeholders. (10 Ann, c. 23. 18 Geo. 2. c. 18.) 8. Of Counties, are not to receive more than one guinea per day at county elections to set down the name of each freeholder the situation and nature of his freehold for whom he polls, (7 & 8 Wm. III.) the place of his abode, (10 Ann, c. 23) and to poll no one who is not sworn if required to be sworn by a candidate or his agent, and to enter " jurat or affirmat" against the names of such as are sworn (10 Ann, c, 23.) 9. Previous to entering on his duties, he must be sworn to their faithful discharge, but if (for counties) not sworn, the election is not void. POOR RATES. Where a question depends on a voter being rated hereto, a committee will not go into evidence if a reasonable time had elapsed and the voter had not appealed against the rates to the sessions, and taken all legal means of being placed on the rate, or unless some 70 PO POOR RATES continued. overt act of fraud on the part of the overseers is previ- ously proved. 2. Tender of payment thereof to the overseer's wife, after the poll has commenced, vote is bad. (Sim. 134.) 3. Tender of payment by voter at the election booth table, bad. Overseer neglected to keep his promise to call for payment, vote good. (Ld. Raym. 1009.) 4. A was rated at 8s. and objected to a further sum : he paid 7s. 6d. : vote good. (Ibid.} 5. Private rate, i. e. not made at vestry, legal. (16.) 6. not paying to, is disqualification. (Male.) See Scot and Lot. (Freeman, 13.) .POOR RATES. See Scot and Lot. POPISH RECUSANT CONVICT. It has never been decided if he can vote. (H. c. 216.) POSSE COMITATUS, may be called out by the sheriff on Election Riots. (13 H. 4. c. 7.) POSSESSION (for one year) required by 18 Geo. II. c. 18, s. 1. Actual possession required, or receipt of the rent and profits to his own use above 12 calendar months from the day when he takes the oath and votes. 2. An adverse possession for 20 years has been, held a sufficient title to establish a voter's right. (1 Lud. 199 ) Not being a mortgage, unless the mortgagee has been in possession 7 years. ...... 3. (For 34 years.) Rent paid for 10, since which the owners not having been heard of, no rent was paid or de- manded, held a good rote. (2 Lud. 425.) See Equitable Freehold Receipt Conveyance. 2. For twenty years {. e. where an ejectment will not touch the voter, is a good vote. 3. (12 months) both in county elections and elections for cities and towns being counties. Heywood thinks it should be reckoned from the day on which the voter takes the oath, and actually gives his votes, and not to the first day of election. (1 Heyw. 168,) but fee Simeon 129 n., and 3 Doug. 234, n. e. 4. Of freeholders entitled to vote for cities and bo- roughs not being counties, they may vote in right of free- holds, conveyed to them at any time however short PO PR 71 POOR RATES continued. before the election, provided their conveyances are made bona fide, and not fraudulently, on purpose to qualify them to vote, but ...... 5. Twenty years adverse possession, good vote for possessor only. (2 Fras. 89.) See Purchase Money. POST MASTER. The husband of the post-mistress cannot vote, though she was appointed before marriage. (4^ Fras. 558.) 2. Receives the writ of election by post, and must im- mediately deliver it to the returning officer, and take his receipt of the day and hour when delivered. See Re- turning officer. GENERAL. 1. Or other person employed in collecting the post office revenue, not entitled to vote; and, by Anne, c. 10. s. 44.) shall not in any manner endeavour to persuade any elector from giving his vote for the choice of any member. See post-master, post-office, guard- (mail) POST OFFICE. 1. Any person in, or paid by, cannot vote. (22. G. III. c. 41.) but a sub-deputy for delivering letters, appointed not by the post-master general but with his approbation, may vote. (H. C. 203.) (See Guard of 2\lail.) POT WALLER. 1. Is a person who furnishes his own diet, whether housekeeper or lodger. It is said that ap- prentices cannot be pot-wallers. (I Doug. 371.) 2. No person shall vote as such, unless he shall have been actually and bonafide an inhabitant paying scot and lot six calendar months previous to the day of election. PRECEPT. See Borough and Town Election, 14 to 17. See Indentures of Return. 2. In Borough and Town Elections to be issued on receipt of writ of election, by the sheriff to the returning officer within three days, (7 and 8. W. III.) ; though not required by statute, ought to be directed to the pro- per returning officer, (4 Burr. 2267. 2 Heyw. 47. 1.) but if directed by mistake, to him and others, its validity will not be affected, and when it is returned to the crown- office no parol evidence can be received to impeach it. 72 PR P0 PRECEPT continued. If there be a mistake in the precept another may be sent, &c. See Returning Officer, Sheriff, Borough or Town Election. PRESTON BOROUGH. All the inhabitants entitled to vote. (Sheph. 46.) PRINCIPAL AND AGENT. In transactions which do not involve any penalty or forfeiture, the principal is bound by the acts of the agent. PRISON. Candidate in see Poll. PRISONERS IN EXECUTION FOR DEBT in one case declared ineligible to sit, but in two subsequent cases the House came to no decision. (Hale Par. 116. Male 41.) PROCLAMATION OF ELECTION. See County Court. must be made between eight in the morning and four in the evening, from 25th of October to 25th of March, and between eight and six the rest of the year. (33 Geo. 3. c. 64.) See Writ. As to Boroughs. In the most usual place or places, between 8 and 4 from 25 March to 25 October, and between 8 and 6 the rest of the year, (33 Geo. 3. c. 64.) See Notice. PROMISE TO GIVE. See Bribery, 9. PROMOTION to Office. A party may vote on this imme- diately, where his predecessor had been rated two years. (18 Geo. 2. c. 101. s 2.) PROTESTANTS, Foreign. See Foreign P. PURCHASER. 1. Executed a bond to permit the former owner to receive the rents during his life ; the purchaser's vote bad. PURCHASERS OF LAND TAX. See Land-tax Pur- chasers of Unredeemed Land-tax. , Of a 40s. Freehold in burgage tenures only, with the avowed purpose of voting a short time previous to the election, cannot vote. PURCHASING OF BOROUGHS, &c. Returning mem- bers. 1. By 49 Geo. 3. c. 118. it is made highly penal to enter into pecuniary engagements for procuring the return of a member to Parliament ! ! PU QU 73 PURCHASE MONEY (unpaid). 1. Where a party con- tracting to buy, be put into possession of the estate (12 months), but has no written contract, or legal convey- ance, nor has paid any part of the purchase money, it is doubtful whether the vendor or purchaser must vote. (Male 279. 3 Atk. 273. Brown's Reports, 43, 424.) 2. (unpaid). But bond given for it, purchaser's vote good. (Fowell v. Helis. Male, 280.) PURCHASE MONEY. See Receipt for. Q. QUALIFICATION OF THE CANDIDATE. See Mort- gage. If there be a petition against the member's quali- fication, or any other member require it, he must, within 1 5days, give to the clerk of the House of Commons a paper signed by himself, containing the rental and particulars of his land ; and if he have not possessed the estate 3 years, he must also state from whom he bought it, or how he claims title thereto ; and also the purchase money, and the names of the witnesses, to his conveyance. 2. Serjeant Comyn was elected, and openly required at the poll-booth to take the oath of qualification ; he refused so to do : and previous to the meeting of parlia- ment refused or neglected so to do. Election declared void. 3. Lord Mansfield said in a corporation election casp, that if the disqualification be notorious it elects the other candidate. Sir W. C. Farlie on his election, being required to take the oath previous to the poll, refused ; but during the election he agreed for the purchase of an estate, which he paid for by a draft unstamped on his London banker for 8000 and gave a bond for 3000. The contract for sale was in writing, and the title deeds deposited in the hands of a third person, but there was no conveyance H 74 QU QUALIFICATION OF THE CANDIDATE continued. or possession. Committee held him not qualified, and declared him unduly elected, and that the other candidate was the sitting member. (Corb. Dan. 101.) 1. For a Knight of the Shire. Must be a freehold or copyhold, or life estate in Great Britain or Ireland, of the dear annual value of ,600 (9 Anne, 41 Geo. III. 59 Geo. III. 16 Geo. II.) 2. For a Burgess or Baron of the Cinque Ports. Same estate of the clear annual value of 300 not being a mortgage, unless the member has been in po.-session of the mortaged premises 7 years. (Same statutes.) ...... 3. No qualification required for eldest sons of a peer., (9 Ann) or of a Scotch peer, (Corb. D. 238) or of son of peeress or bishop, (2 Hats. 59) or of son of a person qualified for a knight of the shire, (9 Anne, c. 5) nor for the members for the English universities (41 Geo. III. c. 101) nor for the College of *he Holy Trinity, Dublin, (41 Geo. III. c. 101) and the members for Scotland, (32 Geo. -I I.e. 20.) .'..... 4. Qualification may be acquired during the poll, (Sim. 42) or at any time before the oath for it be required, though perhaps not after a refusal to take the oath. (See Male or Shepherd.) QUALIFICATION OATH. 1. After the candidate has refused to take the oath, the notoriety of s> ch refusal may probably operate as sufficient notice to the electors of his disqualification, and the votes declared "thrown away," andthecandidatenextupon thepoll be declared duly elected by the committee ; but the sheriff cannot, without danger to himself, reject the votes of those electors who chose to poll for him, or refuse to return him in ca^e of a majority. (Hey. 368.) * 2. Candidate, refusing to take the oath at the election, and neglecting so todo before the meetingof parliament, the election is void as to him, (IS Jour. 126 to 129) and next on the poll declared sitting member, (!bsd.) QUAKERS may vote. QUERIED VOTES. (See Disputed Votes.} 75 R. RECEIPT FOR PURCHASE MONEY, dated the 1st May, indorsed on a contract which was dated 1st January, held that the latter date only should be taken as evidence of possession. RECEIPTS for Rent, jalse, to deceive the land-tax assessor. (See Rent 2.) RECOGNIZANCES, 1. must be given in 14 days after petition against return presented (28 Geo. III. c. 52.) there are, 2. one in 200L with two sureties to appear be- fore the House and Committee at a time to be named ; the second in WOOL with two sureties in 500/. each, for the payment of petitioners, witnesses, costs, fees of the House, &c. or to the opposing party, unless the petition be withdrawn with leave, or reported, frivolous or vexatious. 2. Names of sureties to be given to the Clerk of the House eight days before the recognizances are entered into, (53 G. III. c. 71) ; if recognizances not entered into, petition discharged. (Ibid.) See Petition. RE-CONVEYANCE. 1. By the voter after the election is bad. Heyw. 108-174. See Mortgage Bonds. RECORD. Must be produced to prove felony, &c. See felony. RECTOR. (See Schoolmaster) RECUSANT CONVICT. (POPISH) It is doubtful if he can vote. REGISTER OF THE COURT OF CHANCERY. Has no vote in fight of his office, which although for life, is payable entirely by fees. RELIEF (Parish) to voters. (See Alma.) Where an occa- sional circumstance affecting numbers induces a parish to grant temporary assistance, the votes are not lost; as, for instance, the small-pox, and the receiving part of the family into the workhouse. 2. Hey wood doubts whether receiving parish relief be a disqualification at a County Election. (H. C. 167.) H 2 76 BELIEF (PARISH) continued. Simeon considers the objection only applies to cities and boroughs. Some also assert, whether even in a borough election it disqualifies, except in particular boroughs where parliament has so declared. .... 3. In land tax assessment. " Philip H. poor," he was owner of two small cottages, and land tax nevtr paid vote good. See Parish Apothecary's Charity, Alms. .... 4. To voters given to his in/e, if they live together dis- qualifies him, 18 Jour. 154, but if they live separate it is doubted. H. C. 73. Simeon, 89, 1st Ed. Male, 166. Philips, 210. 14 Jour. 43. 1 Peck. 71. .... 5. To the family of a militia man, in actual service, no disqualification. .... 6. Inoculation at parish expense no disqualification. H. C. 175. . . . . 7. Charitable donations by will, annually distributed, no disqualification. (1 Peck. 510.) .... 8. But sharing in a charitable gift, distributed at Christmas, is. (H. G. 176.) . . . . 9. To militia man's family no disqualification. See militia man. .... 10. Must be received within one year previous to election. . ... 11. At county elections does not disqualify, 166. . ... 12. Sacrament money, receipt no disqualification. (H.C. 186.) . ... 13. Money to buy bi ead and clothes, if left by will, no relief. (H.C. 189.) 14 Annual gifts do not disqualify. (H. G. 177.) . . . . 15. To Voter's daughter, 40 years old, (a common strumpet) committee did not decide. (1 Peck. 204.) . ... 16. Parish officer must give it to the voter, his wife, or child, as relief, and not as charity. Male queries, should not an order of sessions be first obtained ? (Male, 291, n.) . ... 17. Wife in the workhouse, but husband paid 2s. a week vote is good. 1 Peck. 508. . ... 18. A. received relief within a year, but previous to the election, he married a freeman's daughter vote good. (1 Peck. 72.) RE 77 RELIEF continued. 19. Sending child to house for small pox vote good . 2 Fras. 453. 20. Usage and custom at previous elections in similar cases ought to be taken into consideration. 21. Child in workhouse, father's vote bad. (1 Peck. 204.) RENT. 1. If another person pay the rent for the tenant, though he be rated, and pays the rates, he cannot vote. (2 Fras. 453.) 2. Paid to the voter by direction of the late owner, for more than a year previous to the election, but no conveyance, a good vote. (2 Peck. 106,) but query the date when the late owner ordered the rent so to be paid : if within 12 months, I consider the vote bad. 2. Must be 40s. per annum, the land-tax only to oe deducted. RENT. 1. The owner of an estate which came to him BY WILL, never received the rent, but it was paid to another person the owner's vote good, (2 Lud. 431.) If a man covenant not to receive the rent, but to permit others (trustees) to receive it, he cannot vote. (Lud. 422.) 2. If a voter give a receipt to his tenants for 30 shil- lings per annum rent, for the purpose of deceiving the assessors or parish officers, but actually receive 50 shil- lings, the vote is good. (2 Lud. 448.) See Annual Value, Tenant. RENTAL. See Forty Shillings clear (Land Tax.) RENT CHARGE. See Annuity, and Annuity Registering, and Evidence, Land Tax. RENT-CHARGE. See Fee Farm Rent, Annuity or Rent charge. Must be registered, and the land out of which it issues assessed to the land tax. 2 Peck 82, except see School- master and Tythes. RENTS (no) If lands above 40s. value are let to a person for life, reserving no rent, or less than 40s. by the year, the owner cannot vote during that term ; but if he lets those lands only for a term of years, without any rent, or H 3 78 RE RENT continued. under 40s., he may vote in respect of the freehold re- maining in him. RENTS AND ANNUITIES for Life may be voted for, if registered with clerk of the peace. RENTS, TYTHES, &c. By 12 Anne the clergy are clearly entitled to vote for them. (See Tythes.) REPAIRS, (EXPENSE OF) cannot be deducted from the rental to reduce it below 40s. (2 Lud. 448.) RESERVED RENTS. See Fee Farm rents. RESIDENCE. 1. It is very difficult to draw the line be- tween " real and colourable residences," or in a parlia- mentary sense, " occasional" residences. 2. Description '| Princes Street," where the voter had a shop, but slept elsewhere, the vote wa$ bad. So also " London," bad, if objected to at the poll. (2 Peck. 53.) 3. Oath of. 1. In boroughs must be taken by the voter if required. , place of my abode " Durham, and also in West-Street, Harwich," good description, (l Peck. 390.) 4. Must be bona fide., not colorable. 1 Peck. 273. 5 T. R. 466. 6 T. H. 560. Or in a parlia- mentary phrase " occasional." (I Peck. 389.) RESOLUTION OF THE HOUSE OF COMMONS. " That such an individual is ineligible, whether this ren- ders him so is doubtful, though in Wilks's case the House carried it :" it was afterwards expunged from the Journals, as subversive of the right of all the electors in the king- dom. RETURN of the Precept must be in six days, even x though a scrutiny be pending. (See Indentures of Return.} RETURN. 1. On anew writ must be made \nfourteen days. (10 & 11 W. III. c. 7.) 2. Defective in form, if made by the proper officer is good. (Orme, 103.) 3. By an officer de facto, good. (2 Heyw. 62, 63.) See Double Return. Special Retui-n. Amendment of, now made by Clerk of the Crown. .(I Doug. 80) RE 79 RETURN. 1. The return is to be made by him to whom the writ or precept of election is directed ; but it must be properly directed. (Heyw. 1st ed. 57. Roe, 439.) 2. Persons de facto executing the office of returning officer will be supported by the House. (H. Black. 130.) 3. Mayor reported " an intruder," but election, ne- vertheless, held good. (1 Journ. 798. 4. If a party having no authority wilfully act as the returning officer, the election held good, but the party and the proper officer punished. (Male, 85.) 5. Return made by the proper officer and other per- sons is good. (1 Peck. 406, 421, 432.) 6. If Returning officer declining or incapable of acting, vote before a constable or even before private persons, good. (Roe, 449) ; but see contra, 30 Jour. 456, 466, 595. 7. So in case of riot, and returning officer thereby prevented. (1 Doug. 293-9.) 8. In case of two persons pretending to be returning officers, there must be a protest and notice by the proper officer, of the illegality, or election good. (Roe, 453.) 9. " Late mayor" and the present mayor, both pro- ceeded to elections, and the latter's election good. (24 Jour. 13. 17. 18.) 10. In case of vacancy before precept issue of the office of returning officer, any elector may act, (Glanv. 37); but if it happen after precept, the House has come to no decision. (Male, 89.) 11. Good in substance, but void for want of form. (Glanv. 37.) See Qualification Oath, Return, Notice of Election. RETURN (DOUBLK.) 1. See double return scrutiny. RETURNING MEMBERS. See Purchasing Boroughs. RETURNING OFFICER. See Sheriff, Booths, Commis- sioners, Post iM aster, Day of Election. 2. Must take the oath against bribery, (2 Geo.TI.) and read the Bribery Act on opening the election, (2 Geo. II.) 3. If the precept have been delivered to an improper person, the legal returning officer may nevertheless pro- ceed to the election, and his return is good. (2 Heyw. 130.) 4. His deviation from any of the regulations ap- 80 RE RETURNING OFFICER continued. pointed by statute, though censurable by the House, does not generally void the election. See Opening the Election. Nomination. Candidates. Poll. Disputed Votes. Poll Clerks. Examination. Land-Tax Assessment. Improper Conduct, or Mistake. Idiot. 5. During the election, the returning officer is to hear arguments upon, and admit or reject the disputed votes. (2 Peck. 28.) 6. The punishment of the Hoiise follows a partial exercise of his duty ; such as, r 7. Wilful and corrupt admission or rejection of votes, in favour of either candidate. (2 Peck. 28.) 8. He will be punished for denying the opposite party the right of examination. (2 Peck. 28.) 9. Or of refusing a reference to the assessment of the Land-tax to try the validity of a disputed vote. (2 Peck. 28.) 10. Or for opening a poll without any demand to give time for another candidate to appear. (1 Peck. 77.) 11. His conduct both before and after the election will be enquired into by the House, (1 Peck. 74.) 12. For refusing to administer the oath of abjuration the House committed him to Newgate. 13. He should receive or reject votes according to the last determination of the Hou?e, (2 Fras. 144. 28 Geo. III. c. 52,) if any last determination; if not, according to the usage of the place. (Glanv. 107, 142. Brady, 127, 164.) 14. Where he has any doubts he may reserve hi de- cision or hearing until the close of the poll, or a reason- able time afterwards, on marking the objected votes, (2 Peck. 138) : but see POLL, Close of. 15. Must not as sheriff execute his office for two years successively, penalty 100/. (9 Ann ) .... 16. Has no casting vote except by charter or custom. "(See Poll.} (Glanv. 21. 1 Lud. 77.) 17. On the close of the poll, or the day after, he must fairly and publicly declare the names of those who have been chosen, unless a scrutiny be demanded, (see Scrutiny) and forthwith make a return. RE 81 RETURNING OFFICER continued. 18. Need not be an elector. (Male, 74.) 19. Is allowed to appear by one counsel before an election committee to delend himself when charged. 20. The House of Commons is very jealous of trust- ing the returning officer with the power of judging of the ability or disability of the candidate. .21. He must decide the objected votes before he de- clares the final majority. 22. The sheriff of Denbighshire declared the numbers to be in favour of Sir W. Wynne, but refused to make the return until he had looked over his notes, and after- wards he privately struck off a number of Sir William's votes, some of which he had not queried at the poll ; he then returned Mr. Middleton. Held by a Committee that Sir Watkin was entitled, and the sheriff was co n- mitted to Newgale. The House also addres-red the Crown to remove him from a valuable office, and a magistrate's commission of the peace, 23. Previous to making his return, he may or may not include the disputed votes, provided both parties have not an equal number of undecided votes. (Male.) 24. If the parties neglect to make any of the disputed or queried votes good, he may strike such of tht-m off the poll ; and the person having the majority of vo r es, not queried, returned and held duly elected. 25. May vote. 26. After he has once admitted a vote as good, and it is not c|ueried, he is bound so to consider it, unless on a scrutiny. .... 27. Has no casting voice on an equality of numbers. 28. Action lies against him if he improperly and maliciously reject a vote, (Male, 178. 2 Lud. 448. n. Hey. Bo. El.' 328.) 29. Ladies of manors in some ca?es returning officers. 30. Cannot be returned as member for his own juris- diction. (Orme, 259.) . . . . 31. IMay close the Poll without deciding the disputed votes, if he be not guilty of partiality. (1 Peck. 287.) See Boroughs and Too: us. 32. If he wilfull) misconduct himself in making kin return, may be sued in double damages by the p.irty 82 RE RETURNING OFFICER continued. aggrieved. (Stat. 5 R. II. ; 11 H. IV. ; 8 H. VI. ; 23 H. VI.; 11 W. III.; 25 G. II f. c, 84.) Or for wilfully and unlawfully granting a scrutiny. (1 Heyw. 655.) 33. Fees. No returning officer shall give or take any fee for making out receipt, delivery, return, or exe- cution of writ on precept of election. See Sacrament. 34 Changed pending election, his successor may act. (1 Doug. 138) 35. When no more than the two candidates required to be elected, the returning officer will be censured if he do not return them forthwith, and not wait for others. (1 Peck. 7780. Roe, 569.) See Borough and Town Election. 36. To provide, at his own expense, a number of printed forms of declaration of fidelity, and certificates of the oaths being taken by the voters. 34 George III. c. 73. 37. Not bound to swear a freeholder as to his qua- lification unless required. (Male 111.) 38. A person presuming to act as returning officer is guilty of a misdemeanor, but election is good. Male 223. RETURNING OFFICER. See Day of Election, (Borough or Town) Idiots Improper Conduct or Mistake. 1. On opening election should take and subscribe the oath against bribery before a justice of peace of the county, at a county election, or of borough, if a borough election, or in the justice's absence, then of any 3 electors present. RETURNING OFFICERS OF ALL COUNTIES, CITIES, and BOROUGHS. See Male, Ixxxii. REVENUE OFFICERS, with some exceptions, cannot sit in the House. (5 W. & M. c. 7 j 11 & 12 W. 111. c. 9; 41 Geo. III. c. 52 ) REVERSION OR REMAINDER, a person seized of a freehold interest, though only in reversion or remainder, if he rectives 40s. rent from it in possession may vote, H. C. fjl ; but if lands above 40s. value are let to a person for life, reserving no rent, or less than 40s. the grantor cannot vote, but if he lets such land.* only for a term of years, without any rent, or under 40s. he may vote in respect of the freehold in lieu. (Male 147.) REWARD, receiving, &c. See Bribery, 9. RI 83 RIGHT OF ELECTION, if mistaken, and though there be no competitor, if the electors petition against the re- turn it may be avoided. WIGHT OF ELECTION (UNCP.RTAIN.) See double return. RIGHT OF VOTING. For Counties. Freehold estate in the county of the clear yearly value of 40s. above the land tax (2 Lud. 476) all rents and charges but not above taxes payable thereout, of which he must have been in possession 12 calendar months before the election, unless obtained within that time by descent, marriage, or pro- motion to a benefice or office, and assessed to land lax, 6 months previous to election. (1 8 Geo. III. c. 18, s. 6.) No Parliamentary or \ ublic tax, county church parish rate, or duty, or any tax rate, or assessment whatso- ever, shall be constituted a CHARGE of any freeholder's estate, or be within the meaning of the freeholder's oath. Nor are parochial taxes, (2 Lud. 475) or house and window tax, (2 Lud. 47G) to be deducted, or any annual sum to be laid out in repairs. (2 Lud. 448.) RIGHT OF VOTING depends upon particular qualifications according to the different places for which it is exercised. 1. Freeholders. 2. Leaseholders. 3. Copyholders. 4. Burgage tenants. .5. Corporate privileges. 6. Inhabi- tants paying scot and lot 7 Inhabitant house keepers. 8. Inhabitants, householders resident. 9. Inhabitants. These 6, 7, and 8, must be resident inhabitants in the borough 6 months previous to the day of voting. RIOTS. 1. On commencement of riots, the justices of the peace and sheriff to call out the posse comitatus, and if the riots be carried on to a great extent, accompanied with personal intimidation, will void the election. (Orme, 1 8. 1 Peck. 77 1 Doug. 298. 32 Jour. 95.) A new writ will be ordered, and the Attorney-General to prosecute. 2. If the House of Commons be sitting, it is the duty of the sheriff immediately to claim its protection, and the rioters will be ordered into cfjstody. 3. The Riot Act may be read at elections if the riots are serious, but it must not be unnecessarily read. 4. Proclamation againrt Riots, read during the election by a person who had no legal authority so to do, the House committed him to Newgate. (See Special Return.) 84 RIOTS continued. 5. Persons committing riots at elections, ordered by the House into custody. (20 Jour. 60. 2 Peck. 382, c. 5 ) ... 6. Sheriff, Under Sheriff, and posse Comitatus, to suppress riots, and commit rioters on view, and record conviction, which is sufficient evidence. 13 H. IV. c. 7. .... 7. " Any one" may interfere to suppress them. (Glanv. 141, 143) See Hiot Act. Military. Magistrates. .... 8. Election not void on account of riots, unless the proceedings be really interrupted. 10 Jour. 254. RIOT ACT. 1. If election riots be very serious, it may be r- ad by any one Justice of the Peace, or the Sheriff, Under Sheriff, Mayor, Bailiff, or other head Officer, who may command the dispersion by Proclamation, and if the mob continue together one hour afterwards, it is felony, without benefit of Clergy. 1 Geo. I. c. 5. s. 1. 2. Persons opposing by force the reading, also felons. (Ibid. s. 5 ) Must not be read unnecessarily. (20 Jour. 622.) Record must be produced to prove felony. See Felony. S. SACRAMENT (of our Lord's Supper.) Committee re- ported election void, on the mayor's not having taken the Sacrament within one year before the election, but House of Commons held the election good. (8 Journ. 673-4.) SALARY (Clergyman's) see Tithes, Great. SCHOOLMASTERS. See land tax. 1. [f liable to re- moval, cannot vote. (2 Lud. 501.) nor if their appoint- ments are for a ce'rtain time. (Shep. 10.) 2. AND PARISH CLERKS, generally holding their places for life, may vote. 3. Masters of public schools are always presumed to be appointed for life, and may vote unless the contrary appears. K. C. 80. Male 149. sc 85 SCHOOLMASTERS continued. 4. Two schoolmasters voted each for " Land and Tithe;" it was assessed as "Charity Land," and vote held good. (H. C. 137.) 5. Voted for a rent charge issuing out of lands set- tled on the rector who appointed him, though the rent charge was neither assessed or registered, but the benefice itself was assessed, vote good. 2 Cud. 431. SCOT AND LOT, means parish taxes or parish pay- ments, (3 Doug. 129.) that is paying the " Parochial taxes," and rated to the poor. 2. Actually assessment thereto is not necessary, if the voter has used due diligence to get his name inserted, and that may be shewed by an appeal against the rate, but that appeal is not always necessary, if there is fraud. (1 Peck. 482. 3 Lud. 58. 87. 3 Doug.) 3. Persons rated, and the rate legally (written or per- sonally) demanded and not paid before the Election, are disqualified, but a demand on the wife bad, except she generally paid Scot and Lot, rates and Taxes (Corb. Dan. 167.) 4. Where no pour rates, a church rate is evidence of Scot and Lot. 5. Payment of rates, after a vote has been tendered and rejected for non-payment, entitles to vote. 6. Administrator, as such not entitled to vote. 7. Inhabitant, as such, occasionally sleeping in the Borough, is suflicient. (Corb. Dan. 225.) 8. Demand and refusal to pay rates ought to be clearly made out. 9. Demand must be personal, or 10. Written paper left at the house, and subsequent non-payment held a " refusal," (Corb. D. 167.) 11. Refusal no disqualification, if the parish owe the voter money, though not to the extent of the rates, and that reason given. (Corb. Dan. 167.) 12. Rated also for other property not in his posses- sion, and notice of appeal therefore given, no disqualifi- cation, (ibid.) 13. Kates compounded for by the landlord, ihe tenant is disqualified. Male. I 86 sc SCOT AND LOT continued. ....... 14. Rent of the house paid by a master for his ser- vant, who was rated and paid the rates, the vote is bad. (2 Fras. 453.) 15. Administrator entitled to leasehold, which he permitted another to live -in, has no vote. (Corb. Dan. 225.) 16. Parish rate, if persons improperly admitted, they will be struck from the poll ; improperly omitted, be added to it, though not appealed against. (Philips, 273. Orme, 245.) 17. Rate informal, but not fraudulent, is good evi- dence. 6 T. R. 580. 1 Douglas 126: 2 Peck. 394. (Corb. Dan. 1 34.) 18. Christian name mistake in the rate is fatal. (2 Peck. 395.) 19. An Appeal against the poor rate not always necessary to maintain the franchise. 2 Doug. 393. 3 Doug. 89 140. Strange 1259. Peck. 583. 1 Lud. 81. 20. Rated to the poor alone is sufficient to make this sort of voter, although at the time of the election he had not paid the rates, provided they had never been legally demanded. (Corb. Dan. 267) 2 Doug. 396. 1 Peck. 108. _ .... 21. If rate is illegal and the rate is paid, the vote is still good. (1 Doug. 109.) 22. Whether appeal against the rate confirmed is conclusive or not against him, there are contrary decisions. Corb. Dan. 143, 168, 3 Doug. 147. 23. A person rated and excused at his own request from paying, still a good vote. (I Peck. 507, 8.) ...... 24. Demand and refusal to pay a rate which was subsequently quashed, is a disqualification. Corb. 143, 168 n. 25. Voter rated in a wrong Christian name rejected. 2 Peck. 395. "-26. It is unsettled whether overseer is compelled to produce the rates at the election. 2 Peck. 166. 27. If a party entitled to be rated is not, it must appear he has used due diligence to procure his name being inserted. 1 Peck. 182. sc 87 SCOT AND LOT continued. 28. Pauper cannot be a scot and lot elector. Male, 295. 29. Voter with no property, but rated 5 years, vote good. 1 Peck. 484. 2 Peck. 394. 30. Residence 6 calendar months previous to the day of election at which he shall tender his vote is sufficient. 26 G. III. c. 100. (Except by descent, devise, marriage.) SCOTCH JUDGES AND BARONS OF EXCHEQUER. See Judges. SCOTCH MEMBERS. No qualification required from*. (33 G. II. c. 20.) SCOTCH PEERS. 1. The eldest sons of, cannot represent any place in Scotland. (3 Lud. 315) but they may sit for any other place, even without a qualification. SCOTCH PEERS, ELDEST SONS OF, require no qua- lification for England. (Male 61.) SCRUTINY. If the returning officer proceed to a scru- tiny he cannot do it after proclamation of the majority, without adjournment, on pain of commitment. (Journ. 17, p. 73. 2. Affirmations hereon. Hey wood thinks the return- ing officer has no power to take them, (H. C. 421.) but see Male, contra, 219. Geo. II. c. 30. ...... 3. Witnesses cannot be compelled to attend or per- sons examined without their consent. (Heyw. 640.) 4. Must be finished when parliament is sitting in 30 days from the issuing of the writ when it is returnable, and on a general election on or before the return. (H. C. 455. 25 G. III. c. 84.) 5. Scrutiny not finished in time, and the sheriff make a double return, no censure. (27 Jour. 17. 22.) 6. In cities a true list of votes disallowed to be given by returning officers under their hands to any candidate, demanding same within six days after demand, and paying same. (11 G. I. c. 18.) 7. Must be demanded of the returning officer when the numbers are declared, or immediately there- upon, (Male, 2l8) by a candidate, or any two electors. 8. When made of the sheriff he need not comply except " he deems it necessary." The words in the Act i 2 SCRUTINY continued. (25 Geo. III. c. 84,) give him a discretionary power, but which he must exercise discreetly according to justice. 9. But only in London the returning officers must comply with the demand. 10. Action lays against returning officers for wilfully and unlawfully granting a scrutiny. (1 Heyw. 655) 11. Begun but not finished, a double return must be made. (2 Peck. 378.) 12. General evidence on oath by all parties consent- ing, may be given hereon. 25 Geo. III. c. 84. 13. May be granted by a Mayor. Perjury on oaths taken there, 25 Geo. III. c. 84. 14. Votes thereon to be decided alternately (25 Geo. III. c. 84.) ...... 15. Must be finished in a county previous to the return of writ, and in a borough six days before such return. (25 Geo. HI. c. 84.) 16. If parliament be sitting the scrutiny must be finished in 30 days after the close of the poll, (ibid.) SEAMEN. See Foreign Seamen. SEAT IN THE HOUSE OF COMMONS. 1. After the election, and before the member take his seat, each member requiring a qualification by estate, must deliver to the clerk, at the table of the house, a paper signed by himself, containing a description of the situation of his estate, and there take and subscribe an oath of it< value. SECURITY. See Bribery. 9. SETTLEMENT. By 35 G. HI. c. 101, no person shall gain one by paying taxes for a tenement under 10 annual value. 2. But if " stock in trade" is rated, to however small an amount, a settlement is gained under 3 & 4 W. & M. c. 11. (2 Peck. 251.) SEXTON. If elected generally cannot vote, but if he prove that \\i was elected for life, or the office is for life, he may. (2 Peck. 91.) SHERIFF. Is both a ministerial and judicial officer in some cases ; must provide proper booth-, &c. and places for taking the oaths, at the expence of the candidates. SH 89 SHERIFF continued. 2. A candidate. Notice given at the election he was so yet he was returned, but it was held a void election. , 3. Of a county at large, may be elected for a town being a county of itself. (4 Doug. 87.) 4. He cannot be criminally affected by acts of the Under Sheriff in his absence. (2 Peck. 33.) 5. On receipt of the writ of election, he should in- dorse the day and hour of receiving it, (7 & 8. W. III. 53 G. III. c. 89. 23 Hen. 6, c. 14.) and give a receipt specifying the same; then immediately make out pre- cepts, and within three days after cause them to be de- livered to the proper returning officers without fee. (same statutes, see Precept. County Court. 6. If the sheriff delivers the Precept to other than the proper returning officer, he is liable to be punished by the House. (2 Heyw. 65, 66.) See Southampton Case. 7. \iayexaminevotersonoath. 8. If none of the candidates require booths to be erected three days before the election, and the contest comes upon the Sheriff by surprise, he is not empowered to erect booths at the expense of the candidates, but must take the poll in some open or public place, as by 7 & 8 W. 3. 9. If Sheriff dies, the election in counties must still proceed by the Under Sheriff, (3 G. I. c. 15'.) but it is doubtful if this applies to the Sheriff of Cities. (Male. 78.) 10. If Sheriff' dies after the Mayor has received the precept, the return to be made to new Sheriff. (H. Black. 67.) 11. May vote, but cannot give a casting vote. (H. C. % 205. 1 Doug.) 12. Delivering precept to any other than the proper returning officer in Boroughs, the sheriff will be commit- ted. (2 Peck. 330.) 13. Musi pronounce on the nomination, which can- didate hath most shew of hands or voices. (H. C. 235.) See Qualification Oath Svh Sheriff. SHEWOF HANDS On nomination. See Sheriff. SHOP OR STALL. No house, except used as a dwel- ling. (2 Fras. 449.) I 3 90 si so. SIX CLERK, or SIXTY CLERK, CHANCERY. Office no vote. (2 Peck. 99.) SMUGGLERS may vote. (H. C. 226.) SOLDIERS. Individual soldiers or officers may attend and vote at elections. 8 G. II. c. 30. 2. See Military fortified towns. SPEAKER'S WARRANT issues for the election when a vacancy occurs during the sitting of parliament. (2 Hats. 233. SPECIAL RETURN. May be made under particular circumstances, as a riotous obstruction. (2 Peck. 383.) ' but the necessity must be very apparent to justify this. (Coventry, Philips.) SPECIFIC PERFORMANCE. See Contract. SPLITTING ACT. By 7 and 8 W. III. c. 25, s. 2-7, and 53 Geo. III. c. 49, all conveyances and wills, in order to multiplying voices or to split or divide the interest in any house or lands among several persons, to enable them to vote, are declared void, but the grantee may hold, and there shall be no more than one vote for one and the same house or tenement ; nevertheless, the practice of splitting votes is generally done, except in cases of Burgage Tenure. In practice there is no general rule on this point, (1 Heyw. 159.) and these transactions are presumed fair until the contrary (i. e. fraud) is proved. 2. A bona fide transaction, however short date, before the election, i. e. if not intended to multiply voices, not within this Act. (16 Journ. 52.) .... 3. The " Intention 11 of the party is the rule to con- strue this act, (Male, 286) see Burgage Tenures. 4. This act is scarcely ever supported, as a most fraudulent case must be proved to bring a voter within it. , 5. Occasional conveyances are not illegal, 1 Doug. 209. (1 Peck. 313, 362, 340, 345.) H. C. 103. 1 Peck. 311. See Male, 161. SOCAGE. (Tenure in.) See Burgage Tenants. SOLICITOR. See Counsel. SOUTHAMPTON. At the request of any candidate, the sheriff is bound to adjourn the poll for the county to Newport, in the Isle of Wight; but it must be closed at Winchester u-ithin 15 days, commence at Newport within four days, and continue no longer than three days. 7 & 8 W. 3, c. 25. 8T 91 STAMP. Contract for purchase of estate may be stamped within 21 days from the execution, and upon payment of a penalty after that time, and it will be then valid ab initio. (Male. 279.) STAMPS (SUB-DISTRIBUTER) not being appointed by government, may vote. (H. C. 568. 1 Fras. 164.) STATUTES. 1. GENERAL STATUTES. 1. 5 Ric. II. s. 2. c. 4. (1382.) Title, Every one " to whom it belongeth shall on summons come to Parlia- " merit.'* Declaration that absentees be punished. Pu- nishment of Sheriffomitting his return. 2. 7 Hen. IV. c. 15. (1405.) Title, the manner of " the election of Knights of the Shire for a parliament." 3. II Hen. IV. c. 1. (1409.) Title, The penalty on a sheriff, for making an untrue return of the election of Knights of the Parliament. Declared penalty, 100. 4. 6 Hen. VI. c. 4. (1427.) Title, " The Sheriff's " traverse to an Inquest found returning knights of shire " for the parliament." Declaration : " The knights chosen " for the parliament, and sheriffs of counties, may have " their traverse of an office found against them." 5. 8 Hen. VI. c. 7. (1429.) Title, " What sort of " men shall be choosers, and who shall be chosen knights of " the parliament." Decl. qualifications of electors. What " is required of the candidate. Sheriff empowered to " examine electors on oath. Penalty on sheriff. Knights "falsely returned shall lose their wages: repealed in " part by 14 G. III. c. 58. 6. 10 Hen. VI. c. 2. (1432.) Title, " Certain things " required in him who shall be a chooser of the knights " of Parliament ;" repealed in part by 14 G. III. c. 58. 7. 23 Hen. VI. c. 14. (1444.) Title, " Who shall be " knights for the parliament. The manner of their " election. The remedy of false return :" repealed in part by 14 G. III. c. 58. 8. 6 Hen. VHL c. 16. (1514.) An Act that no knights of shire nor burgesses depart before the end of parliament. 9. 27 Hen. VIII. c. 26. (1535.). " Concerning the laws to be used in Wales.' 1 '' 10. 34 # 35 Hen. VIII. c. 13. (1542.) "An Act 92 ST STATUTES continued. " for making of knights and burgesses, within the county " and city of Chester." 11. 35 Hen. VIII. c. 2. (1543.) "The Bill for " knights and burgesses in Wales, concerning the payment " of their fees and wages.'' 12. 25 Cha. II. c. 9. (1672) "An Act to enable " the county palatine of Durham to send knights and " burgesses to serve in parliament." 13. 30 Cha. II. s. 2. c. 1. (1677.) " An Act for " the more effectual preserving the King's person and " Government, by disabling Papists from sitting in either " bouse of parliament." 14. 2 W. and M. s. 1. c. 7. (1690.) " An Act to " declare the right and freedom of election of members to " serve in parliament, for the Cinque Ports." 15. 5 W. and M. c. 7. (1694.) " An Act for grant- " ing to __ their Majesties certain rates aud duties upon " Salt, Beer, Ale, and other liquors, for securing certain " recompences and advantages to such persons as shall " voluntarily advance a sum of ten hundred thousand " pounds, towards carrying on the war against France. " Decl. members of parliament not to become farmers of " the revenue, except commissioners of Treasury and " Land-tax." 16. 5 W. and M. c. 20. (1694.) An Act for granting to their Majesties several rales, ame time. (Male, 136.) 10. If he reside in a town, he must give in the name of the Street. . ... 11. The voter must name, in the proper booth (Sheph. 401) to the poll-clerk for whom he votes, and regularly tender his vote, (I Heyw. 407) ; a declaration to any other person is bad. . . . 12. If the vote be disputed, he must declare, and the poll-clerk must enter for whom he tenders his vote. . . . . 13. It is doubtful whether a freeholder catcall in aid any freehold not given in at the poll : there are contrary decisions. (Male.) . . .. 14. A freeholder must not vote twice, (18 Geo. IF. c. 1.) ; if he do, the second vote is void. A voter voting in a wrong booth, vote is good. (2 Peck. 59.) . . . . 15. If a voter vote in a wrong booth, and the entry was in a wrong parish, vote bad. (Male, 144. Roe, 654.) ... 16. If he give in his vote in & wrong hundred or pa- rish, he cannot before a committee be suffered to amend it, or refer to the proper parish. (2 Lud. 416.) ... 17. After the vote is entered on the poll, the voter cannot withdraw it. (Male.) ... 18. When the voter has a double vote, he must poll for both candidates, at the same time, (1 Feck. 109) re- fusing to give his name and place of abode correctly, cannot vote. (Male, 129.) L 110 vo VOTERS continued. 19. Every elector can vote for any person, whether a candidate or not. (Male, 67.) 20. It seems doubtful if a voter who has sworn to his freehold, and is willing to prove that he had no free- hold, can be examined to prove it, there being contrary decisions. (Glost. 80; Cases, 42, 45; 2 Doug. 309, 315; 2 Fras. 448.) ...... 21. Having a right to vote in one character but voting for another, where he had no right, bad. 22. Where there is a doubt, the committee always lean to the voter. VOTES thrown away or lost. Persons not qualified are sometimes elected, and on petition the Committees have not only declared the election void, but seated the peti- tioning candidate who stood next on the poll, as the electors had timely notice of the incapacity of the person returned, and such notice quite notorious. (1 Heyw. 434-5. 2 Lud. 455. 2. If before a majority have polled, notice of incapacity has been given, the next candidate on the poll must ulti- mately be the sitting member. (18 Jour. 126 to 129- 673; 1 Lud. 455-72; Clifford, 392, &c. ; 1 Peck. 526.) But see contra Clifford, 224 ; 10 East. 211. 3. Votes given before notice of the candidate being disqualified, are not thrown away, but election is only void, and new election granted. (1 Doug. 413. Male, 60.) 4. But they are when the candidate by bribery, treat- ing, minority, or wilfully refusing to swear to qualification, and notice thereof to the Electors, all subsequent votes are thrown away. (18 Journ. 673.) 5. If it be " notorious" that the candidate is ineligi- ble, the votes are thrown away. (14 East. 559.) (See Qualification Oath.) VOTES (void.) See Bribery, 18. VOTES (set aside)! If it appear by strict proof, that the estates were at first acquired for the SOLE purpose of a vote, persons so voting are liable to penalty of 401. ; but the heir of such a person may vote. VOTES (given before writ or precept read) are of no force. VOTES, Equal. 1. Shepherd says, that when the votes are equal, it makes a void election, and the returning oflicer V0 WI 1 1 1 VOTES continued. must make a double return, and he having polled pre- viously, has no casting vote. (Male, 176.) .... 2. But in this case, in order to decide the election, a voter however who lias polled at the beginning of the election may withdraw his vote, and give it to the other candidate, and his election is good, (Granv. 22) ; but Male says, that this cannot be done if the previous vote be written down. . . . . 3. The returning officer cannot on any case proceed to an election de novo. (Male.) w. WAGER between two voters (agents) in opposite interests, laid before the poll began, is bribery. (1 Term Re- ports, 56.) WAGES formerly paid to the members by the electors. WARDS. Laitli's Hundreds, &c. See Booths. WESTMINSTER HALL AND WESTMINSTER AB- BEY. Persons holding offices therein, not entitled to vote. (2 Peck. 92.) WESTMINSTER ELECTION. (Regulated by 50 Geo. III. c. 126.) See Candidate. Expences of Election; Booths ; Poll-clerk, not exceeding 26 at the expense of the candidates, not exceeding one guinea per-day. (Ibid.) WESTMORLAND AND CUMBERLAND ESTATES. See Cumberland and Westmorland; see Ancient De- mesne, Customary Freeholds. If estates, held by custom of the manor, may vote ; but not those held at the will of the Lord. WHALE FISHERY. Three years' employment therein gives Foreign Protestants a vote. WILKS, (John) M.P. his case. See Resolution of the House. WILL. ]. Estate devised upon trust, to sell and in the mean- time for the benefit of A B and C., held, that the parties objecting to their votes, must prove that the estate was sold. See Annuity, 7. 2. A devisee in trust to pay legacies, refused to take the land subject to the trust , the legatees with his con- sent, took possession of the land in satisfaction j held to be good votes. (Male.) 112 wi WR WILL OR DEVISE. Vote by, immediately. WINDMILL FIXED IN THE SOIL, is a vote. (2 Lud. 44.) but query, if it only stands on a post. (Male, 262.) WINDOW-TAX. See House and Window-Tax. WITNESS, (dead) his evidence on a former petition allowed to be read. (2 Fras. 335.) WOMEN cannot vote. (Male, 165.) WOOD SALES. 1. Profits of 40s. per annum give right of voting. (Dalton's C. Sheriff, 333.) WOODS AND FORESTS, Commissioners of, may sit in Parliament. (50 Geo. III. c. 65.) WRIT OF ELECTION. 1. The authority for the election is a writ in a county, but in a borough, a precept. In a new Parliament the clerk of the crown issues it. (See Bribery, 12.) The Writ is issued on a warrant, and signed by the king in council ; but during the sitting of the House, it issues on the speaker's warrant on mo- tion of any member. 2. By 7 and 8 Wm. III. c. 25. s. 1. there must be forty days between the teste and return, but in practice fifty days intervenes. 3. 53 Geo. III. c. 89, prescribes certain regulations to the post-office for the delivery. 4. Sheriff, as soon as he receives it, to indorse the day of receiving it. 5. He must deliver it to the returning officer, (25 Geo. III. c. 84. s.4.) within two days after receipt of the writ, proclamation to be made of a special county court, 6. If the writ is issued improperly, the election is void. 7. If issued improperly, or miscarried, or has been improperly detained., or due notice not given of the elec- tion, or where the proper and legal officer does not exe- cute the writ ; election void. (Male.) 8. If the election takes place before it is received, or read, all votes given are void. See Precept. WRONG NAMES. Votes of persons objected to by wrong names cannot be questioned in committee. (2 Peck. 49, 50. Y. YORKSHIRE. The Election by statute must commence on a Wednesday. APPENDIX. 1 ABINGDON (Berks) C. T. 4 P. & M. Jour. j "all the inhabitants paying scot and lot, and not re- ceiving alms/' 18 Jan. 17O8. 1 AYRSHIRE (Scotland). Anne, Oct. 2, 1707, Jour. 272. ABERDEENSHIRE, Anne, ditto, ditto, 271. '2 ALBAN'S (ST.) Hertfordshire, C. T. 35 Edw. 1^ 7 Edw. 6, Jour. 85. Electors, mayor, aldermen, and freemen, and sueh householders as pay scot and lot, L. D. 27 April, 17 14-. 2 ALDBOROUGH, or Aldeburgh (Suffolk) C. T. 3 Eli*, Jour. 176". Returning Officer, the bailiff. Electors, the bailiff, 12 capital burgesses, and 24- inferior members resident in the borough not receiving alms. L. D. 23 Dec. 1709- Doug. 326. 16 June, 1715. 2 AGMONDESH AM (Bucks.) P. B. 21 James 1, Jour. 12, -^-Electors, all the lord of the manor's tenants paying scot and lot, Dec. I, 1705. 2 ALDBOROUGH (Yorkshire) P. B. Phil. &Mary, 1558. Jour. 255. Right of Election, not only in the select number of burgesses holding by burgage tenure in the said borough, but all the inhabitants paying scot and lot, L. D. May 17, 16f 4 #'!* APPENDIX^ ASH BURTON continued. and tenements, called Halsanger and Halwell Lands, lying within the borough, and subject to pay borougli rent, L. D. Feb. 2.0, 1?07. March 17, 1710. AYLESBURY (Bucks.) C. T. 1 Mary, Jour. 1 }.R. 0. constables chosen at the lord of the manor's leet. Right of electors, in the householders not receiving alms, or any charity, and in the freeholders by act of parliament? (l S04-) of the adjoining hundred, L. D. Jan. 28, 1695, and Feb. 7, 1 698. AIR, IRVINE, &c. (Scotland). Anne, 1707. BANBURY (Oxfordshire), C. T. Charles, 1 Jour. 137. Electors, 18. L. D. 29 Dec. 1691. BARNSTAPLE (Devon.) C. T. 28 Ed. 1. Jour. 52. Electors, the corporation, and such as are freemen born, or made free by the magistrates. BAMFFSHIRE (Scotland), Anne, Oct. 27, 1707. Jour. 274. BATH (Somerset.) C. T. 23 Ed. 1. Jour. 317 Electors, mayor, aldermen, and common council only ( Fo/ers, 30.) L. D. 27 .Jan. 1706. BEAUMABIS (Anglesea), C. T. 67 Hen. 8. Jour. 2*8. R. 0. the mayor Electors, 24-, viz. the mayor, bail Hi's, and capital burgesses orilv. L. D. 18 Feb 1709. 3 March, 1729. BEDFORD, Town of, (Beds.) C. T. 23 Ed. I. Jour. 1. R. O. the mayor and bailiffs Electors, the burgesses, freemen (admitted 12 months) and inhabitants being householders of Bedford, i. e. inhabitants not receiv- ing alms within the year, but electors may receive Sir W. Harper's and Hawe's charities, but not Wei- born's. L. D. 12 April, 1760. Freemens' eldestsons tsrriy, entitled to t)e freemen, but all the other son* may be burgesses. (Male Ixxxvii.) St. .John's Hospi- tal master and brethren may vote. BfiDWIN, Great (Wilts) Prescriptive borough, SOEdw. until Edw. 4-. Jour. 2 14-. R. 0. the portreeve. Electors, the freeholders and inhabitants of ancient burgage houses, 26 March, 1729. BEREALSTON (Devon.) Prescriptive borough, 27 Eliz. Jour. 58. R. 0. the Portreeve. Electors 70, ATPENDIX. BEREALSTON continued. viz. the freehold tenants of the borough, holding by burgage tenure, and paying above threepence annu- ally ancient burgage rent to the lord of the borough, and in them only. L. D. June 7, 1721. BERKSHIRE. Jbur. 3. BERWICKSHIRE. (Scotland.) Jour. 275. BERWICK-UPON-TWEED- (Northumberland.) C. T. Hen. 8. Jour. 128. Electors, the freemen of Ber- wick, L. D. 9 March, 1695. BEVERLEY (Yorks.) C. T. 23 Ed. 1. 5 Eliz. Jour. 23. Electors, freeholders, about 1300. BEWDLEY T ( Worcestershire) C. T. 3 Jac. 1. Jour. 223. K. 0. 'the bailiff. Electors 13. The bailiff and 12 capital burgesses, who elect others to vote with them. The charter of 1708 is void. L. D. Dec. 19, 1710. BISHOPS CASTLE (Salop.) C. T. 17 Eliz. Jour. 144. R. 0. the bailiff. Electors, (about 100,) the bailiff and all the burgesses within the borough. L. S). Feb. 3, 1699. BLECHINGLEY (Surrey) P. B. 23 Ed. 1. Jour. 181: By prescription a borough Electors, the borough- holders, and resolved the bailiff" has nothing to tk> with the election." L. D. March 22, 1723 & 172*. BODMIN (Cornwall) C. T. 23 Ed. 1. Jour. 34. Elec- tors, the corporation. BOROUGHBKIDGE (Yorks.) C. T. 1 Mary. Jour. 232. R. 0. th bailiff Electors, burgage holders. BOSSINEY (Cornwall), C. T. 7 Ed. 6, Jour. 34 Electors, freemen, viz. all who have free land,, and live in iheparishi BOSTON (Lincolnshire) C. T. Jour. 105. Electors^ the mayor, aldermen, common council and freemen, by birth or servitude, resident paying scot and lot. Simeon liv. L. D. 8 March, 1628. BRACKLEY (Northampton.) C. T. 1 Ed. 6, Jour. 123: Electors, mayor, aldermen, and burgesses. L. D. 20 April/1714.. BRAMBER (Sussex.) P. B. 23 Ed. 1, 7 Hen. 4. Jour. 193 R. O. the constable Electors, about 22, those inhabiting ancient houses, or in houses built on an- APPENDIX. . BRAMBER continued. cient foundations paying scot and lot. L. D. June 1, 1715. 1 BRECON (County of) 27 H. 8. Jour. 249. 1 BRECON (Town of) C. T. 2? H. 8. Jour. 250. R. 0. the bailiffs Electors, corporation and free burgesses. 2 BRIDGENORTH (Salop.) C. T. 23 Ed. 1, Jour. 141. R. 0. the bailiffs Electors, corporation and freemen. 2 BRIDGE WATER, (Somerset) C.T. 23 Ed. 1, Jour. 130. Electors, inhabitants of part of the town paying scot and lot, and the mayor, aldermen, and burgesses must reside in that part or cannot vote. L. D. March 14, 1?6'9. 2 BRIDPORT (Dorset.) C. T. 23 Ed. 1, Jour. 6(5. R. 0. the bailiff. Electors, inhabitants being householders and paying scot and lot. L. D. 12 April, 1628. 2 BRISTOL"(Somerset.) Corp. City, 47 Ed. 3, Jour. 146. Electors, the freemen and innholdets; but Douglas (260) says, that it is in thefreeholders of 40s. per ann. and the 3 burgesses. Sim. Ivi. 2 BUCKINGHAMSHIRE. Joar. 8. 2 BUCKINGHAM (Town), C. T. 33 H. 8, Jour. 9. R. 0. the bailiff. Electors, 13, the corporation, i. e. the bailiff and 12 burgesses only, L. D. 11 Nov. 1690. Sim. Ivi. 2 BURYST. EDMUND'S, C.T. 27 April, 1714. Electors, the'aldermen, 12 capital burgesses, and 24 burgesses of the common council. Sim. Ivi. 1 BUTE AND CAITHNESS (Scotland), Anne, Oct. 27, 1707, Jour. 276. CORPORATION DISSOLVED. See Hehton. CHARTER New. Ibidt 3 CALLINGTON (Cornwall), P. B. 27 Eliz. Jour. 41. R. 0. the portreeve Electors, the freeholders and resident beneficial leaseholders if rated. 2 CALNE (Wilts.) P. B. 23 Ed. 1, Jour. 209. R. 0. two stewards of the borough. Electors, the inhabi- tants having a right of common, and being sworn at Ogborn court, being ancient burgesses, who are made by the Guild stewards, L. D. 32 Dec. 1710.. APPENDIX. No. of Member?. <2 CAMBRIDGESHIRE, Jour. 15. Parsons, vicars, & . having no other freeholds but their glebe lands are, by resolutions of the House, 28 May, 1721-, pre- vented from voting. Sim. Ivii. Male xcvi.) 2 CAMBRIDGE UNIVERSITY, 1 James 1, Jour. 16. R. 0. the Vice Chancellor. Electors, the Doctors and Masters of Arts only, whcse names -are on the boards of their respective colleges, &c. -2. CAMBRIDGE TOWN, C. T. Ed. 1, Jour. I?. -Electors, mayor, bailiff, &freemen L D.27 March, 17 15. Sim. Ivi. 2 CAiMELFORD (Cornwall), C.T.Ed. 6. Electors, the corporation; but see resolutions, 3 Aug. 1660, and 8 May, 1711, that the freemen and inhabitants pay- ing scot a^nd lot are the electors. Sim. Ivii. 2 CANTERBURY CITY (Kent), Corp. City, 23 Ed. I, Jour. 90. Electors, freemen and citizens. 1 CARDIFF (Glamorganshire), C. T. 27 H. 8, Jour. 262. Electors, the burgesses of Cardiff', Aberavor, Cow Bridge, Kensigg, Llantrissent, Louglier, Neath, sand Swansea. Male xcvii. 1 CARDIGANSHIRE, 27 H. 8, Jour. 251. 1 CARDIGAN Town, C. T. 27 H. 8, Jour. 252. Electors, the burgesses of Cardigan, Aberystwitb, Lampeter; and Alpar only, the Tregarron burgesses cannot vote. L. D. 7 May, 1730. 1 Doug. 323. 3 Doug. 174-. 2 CARLISLE CITY, Corp. City, (Cumberland), 3 Cha. 1, Jour. 43. Electors, the freemen. See resolutions of the house of commons, 3 March, 1791, 17 Jour; 106. 23 Feb. 1711, 1712. 3 Lud. Sim. Ivii. 1 CAITHNESS AND BUTE, (Scotland), Anno 1707. 1-- CARMARTHENSHIRE, Jour. 253. 1 . CARMARTHEN TOWN, C. T. 27 H. 8, Jour. 254. R. 0. the sheriffs. Electors; the burgesses, L. I). March 19, 1727. 1 CARNARVONSHIRE, 27 H. 8. Jour. 255. 1 CARNARVON TOWN, C. T. 27 H. 8. Jour. 236. R. O. the bailiff. Electors, the burgesses of Carnar von, Criccieth, Pullely, Nevin, and Nonway. 2 CASTLE RISING, Norfolk, P. B.-ulfr. P. & Mary, Jour. 119. R- 0. the mayor. Ekctors, about 50, the free burgesses of this town. a3 APPENDIX. No. of Member*. 2 CHESHIRE, 34 H. 8. Jour. 18. 8 CHESTER CITY, Corp. City, 34- H. 8, Jour. 1 0. R. 0. the sheriffs. Electors, the freemen; but see L. D. Dec. 2, 1690. (Sim. Ivii.) 2 CH1CHESTER, Sussex, C. T. 23 Ed. 1. Jour. 188. Electors, the inhabitants paying scot and lot. 5 CHIPPENHAM (Wilts.) P. B." 23 Ed. 1, until 1 H. 6. R. 0. the bailiff. Electors, about 169, the burgesses and freemen being householders of, and rssident in the ancient burgage houses. L. D. March 23, 1803. 2 CHRISTCHURCH (Hants.) C.T. 13 Eliz. Jour. 165. Electors, inhabitants paying scot and lot. 2 CIRENCESTER (Gloster.) P. B. 13 Eliz. Jour. 78. R. 0. the constables of the lord of the manor.* Electors, inhabitant householders and inhabitants of the Abbey, the Emary, and the Spiringate Lane, but inmates cannot vote. There being no custom or charter in this case, the House resolved that the in- habitants householders, should vote, 21 May, l624. See 2 Fras.447, Sim. lix. 1 CLACKMANNAN and KINROSS-SHIRE (Scotland), Anne, Oct. 27, 1/07. Jour. 227. 2 CLITHEROE (Lancashire) P. B. 1 Eliz. Jour. 57. R. 0. the bailiffs of this ancient borough. Electors, the freeholders only as are described to be free burghers seized for life, or in fee of burgage lands or houses there. Res. July 16, 1660, "Feb. 4, 166l. 2 COCKERMOUTH (Cumberlaad), P. B. 23 Ed. 1, Jour. 44. R. 0. the bailiff of court leet Electors, by burgage tenure of the lord of the manor. 2 COLCHESTER (Essex), C.T. 23 Ed. 1. Jour. 73.-^ Electors, the mayor, aldermen, common council, and free burgesses not receiving alms. May 6, 1714. Sim. lix. 2 CORFE CASTLE (Dorsetshire), C. T. U Eliz. Jour. , 69. Electors, the lessees for life, or determinable upon lives paying scot and lot, and also in the free- holders in reversion, &e. upon such lease for years, Jan. 2, 1719. APPENDIX. Xo. of Members. 2 COVENTRY Corp. City (Warwick.) 23 Ed. 1, Jour. 193, R. 0. the sheriffs. Electors, freemen duly, sworn and enrolled, viz, persons having served seven years' apprenticeship within the city or suburbs to one and the same trade, also to the Fuller's Com- pany, not receiving alms, or weekly charity r resol. March 1, 1708 9, March 13, 1711. Receiving Sir Thomas White's or Sir T. Wheatley's gifts, or, sacrament or bread money no disqualification. 2 CUMBERLAND. See Jour. 42. 2 CRICKLADE(Wilts.)23Ed. 1, Jour. 213, P. R.R.O. the bailiffs Electors, the freeholders, copyholders, and leaseholders, for not less than three years, and free- holders of the adjoining hundreds by special act of parliament, 1782, resol. Feb. 20, ]696", (Sim. p. Ixi.) la 1780, the borough being corrupt, the right of election was extended to the freeholders of the ad- joining hundreds, Male ciii. 1 CROM ARTY AND NAIRN SHIRES. Anne, 1707. 2 DARTMOUTH, alias Clifton Dartmouth Hardness, (Devonshire;, C. T. 26 Ed. 1, Jour. 51 .-Electors, the freemen declared by resolutions of the hous, Nov. 28, 16"S9, Feb. 16, 1793. 1 DENBIGHSHIRE, 27 H. 8, Jour. 257. 1 DENBIGH TOWN, 27 H. 8, Jour. 258, C. T. Eke- tors, the free burgesses of Denbigh Leon, alias Holt and Ruthen, L. D. Feb. 7, 1743. 2 DERBYSHIRE, Jour. 4-5. 2 DERBY TOWN, C. T. 22 Ed. 1, Jour. 4-6. Electors, the corporation, freemen, and sworn burgesses, (3 Doug. 290, Sim. Ixii. 2 DEVISES (Wilts.) C. T. 23 Ed. 1, Jour. 210. Elec- tors, the mayor and a select number of burgesses, L. D. March 21, lG88. 2 DEVONSHIRE, Jour, 47. 2 DORSETSHIRE, Jour. 6'2. 2 DORCHESTER C. T. 23 Ed. 1, Jour. 60, Electors, the inhabitants paying to church and poor in respect of their personal estates, and in such persons as pay to church and poor in respect to their estates within, the said borough, though not inhabitants or occupiers, APPENDIX. u^iVn. DORCHESTER continued. and though not rated to the poor, L. D. April 1V> 1791, Sim. Ixiii. 2 DOVER (Kent),.C. T. 2 Ed. 3, Jour. 240. Electors, the freemea and free burgesses, whether resident or not, L. D. 12 March, 1770. 2 DOWNTON (Wilts.) 23 Ed. 1, P. B. Jour. 205, R. 0. the mayor appointed at the lords' court leet. Electors, about 85 burgage holders, L. D. 1780. 1 Doug. 235. 2 DROITWICH (Worcester.) C. T. 23; Ed. 1, Jour, 201, R. Q. the bailiff. Electors, the- burgesses of the corporation of Salt Springs of Droitwich, L. D. Nov. 11, 1690. DUMFRIESSHIRE (Scotland), Anne, Oct. 22, 1707, Sim. Ixiv. Jour. 279- DUMBARTONSHIRE (Scotland), Ibid. Jour, 280. DUNW1CH (Suffolk), C. T. 23 Ed. 1, Jour. 274, R. 0. the bailiffs. Electors, contradictory decisions as to rights, but the last one (L. D. Feb. 5, 1708,) declares, " only the freemen inhabitants within said borough not receiving alms." DURHAM COUNTY, 28 C, 2, first writ, 14 May, 16'75, Jour. 70. DURHAM CITY, Corp. City. 28 C. 2, Jour. 71. Electors, corporation and freemen. 2 EAST LOOE (Cornwall) C. T. 13 Eliz. Jour. 31. Electors, the mayor, burgesses, and freemea. Vide East Retford and Sim, p. Ixv* 1 EDINBURGHSHIRE, Anne, Oct. 27, 1707, Jour. 281. 2 EDMUND'S BURY (ST.) C. T. 30 Ed. 1, intermis- sion until \ James 1, Jour. 179> R' 0. tbje alder- men. Electors, 37,: the aldermen and corporation. 1 ELGINSHIRE (Scotland,) Anne, Oct. 1707, Jour. 282. 2 ESSEX COUNTY, Jour. 72. 2 EVESHAM (Worcestershire), C. T. 23 Ed. ], but dis continued until 1 James 1. Electors, common bur-' gesses, Sep. 22, 1669. Electors, viz. the mayor,, aldermen, capital and other burgesses, members of the corporation, and not in the mayor, aldermen, and freemen, and inhabitants paying scot and lot. L. D. 18J9, APPENDIX, Xo. of Members. 2 EXETER (Devon.) Corp. City, 23 Ed. 1, Jour. 49, R. 0. the sheriff. Electors, the freemen, L. D. June 4, 1660. 2 EYE (Suffolk), C. T. 13 Eliz. Jour. 178, J?. 0. the bailiff. Electors^ inhabitants paying scot and lot. 1 FIFESHIRE (Scotland) Anne, Oct. 27, 1707, Jour. 283 1 FLINTSHIRE, 27 H. 8, Jour. 25p. 1 FLINT (Town) C. T. 27 H. 8, Jour. 260. Electors, decisions of the house contradictory, first in the inhabitants of the boroughs of Flint, Rhycllan, Over- ton, Caerwys, and Caergurly, and Knolton and Over- ton paying scot and lot, L. D. 21 May, 1728,-f- April 5, 1737, but Knolton and Overton have not a right, L. D. March lp, 1741, 174-2. 2 FOWEY (Cornwall), Jour. 36, P. B. R. 0. the port- reeve. Electors, the Prince's (as Duke of Cornwall) tenants for his manor of the borough of Fowey who have been duly admitted on the court rolls of his manor, ad have done fealty, and who are capable of being portreeves, and such of the inhabitants only as pay scot and lot, the titles to whose lands must have been presented at a court baron by a sworn homage or jury of the freeholders of the said manor, L. D. May 5, 1701, March 21, 1792. See Fowey case, 1810. 1 FORFARSHIRE (Scotland) Anne, 1707. 2 GATTON (Surrey) P. B. 29 H. 6, Jour. 185, R. 0. the constable who is annually chosen at the court leet of the lord of the manor. Electors, the free- holders and inhabitants paying scot and lot, L. D* Dec. 15, \6g6. 2 GERMAIN'S ST. (Cornwall) 5 Eliz. Jour. 37, R. 0. the portreeve who is annually chosen at the lord of the manor's court. Electors, the freemen. 1 GLAMORGANSHIRE, Jourt 261. 2 GLOUCESTERSHIRE, Jour. 75. 2 GLOUCESTER CITY, C. 0. 23 Ed. 1, Jour. 77, R< 0. the sheriffs. Electors, the freeman, APPENDIX". No. of MU5r.. GRAMPOUND (Cornwall,) C. T. 6 Ed. 6, Jour. SO; LATE returning officer the mayor LATE Electors, may- or, recorder, and inhabitants paying scot and lot, dis- franchised for corruption by a late act of parliament; and (2) the number of members transferred to York- shire. 2 GRANTHAM (Lincolnshire,) G. T. Ed. 4, Jour. 108, li. 0. the aldermen. Electors, the freemen not receiving alms, L. D. Jan. 11, 1710. 2 GR1MSBY, GREAT (Lincolnshire), C. T. 26 Ed. 1 Jour. 106. Electors, the freemen admitted at a full court by the mayor, aldermen, common council, and burgesses, said- freemen being resident and paying scot and lot in all cases, except where no rate has taken place subsequent to their admission, L. IX 11 April, 1793. 2 GRINSTEAD (East), 1 Ed. 2, Jour. 195, P. B. R. 0. the bailiff who is annually chosen by the burgage holders of the Duke of Dorset Electors, 38 " bur- gage holders only, and not burgage holders and in- habitants," L. D. 9 Feb. 1595. 2 GUILDFORD (Surrey), C. T. 23 Ed. 1, Jour, 184-. Electors,, the- president, freemen, and freeholders paying scot and lot, L. D. 24- April, 1699. In this case a person who had served seven years as a freeman, was declared by the House to be ipso facto as a free* man, L. D. Feb. 3, 17 10. 1 HADDINGTONSHIRE (Scotland) 1 Anne, Oct. 27, 1707, Jour. 285. 2 HARWICH (Essex), C. T. 17 Ed. 3, discontinued till 12 James 1, Jour. 75. Electors, about S5, the mayor, aldermen, and capital burgesses, or head- boroughs resident within the parish. 2 HASLEMERE (Surrey), P. B. 27 Eliz. Jour. 186', R. 0, the bailiff of the lord' of the manor Electors, the resident freeholders lying within the borough and manor, or whether they pay rent to the lord thereof or not, exclusive of any lands, &c. which are or have- been parcel of i&aste ground of sakl manor, or any messuages, &c. standing therton, L. D. 23 April, 1755. APPENDIX. No. of Mptnbor?. a HASTINGS (Sussex), C. T. 42 Ed. 3, Jour. 233. Electors, the mayor, jurats, and freemen resident, and not receiving alms, L. D. Jan. 30, 1698. 1 HAVEIIFORD WEST (Pembroke.) C. T. 27 H. 8, Jour. 208. Electors, the freeholders, burgesses, and inhabitants paying scot and lot, and not receiving alms, L. D. 4 July, 17 14-. 2 IIELjsiON (Cornwall), C. T. 23 Ed. 1, Jour. 26. By charter 27 Efiz. the freemen were to be elected by- the mayor, aldermen, and commonalty, but soon after the charter, the mayor and aldermen made a bye law, confirming the right of electing freemen to themselves only. The kings bench and house of lords declared this illegal, and judgment of ouster was proclaimed, whereby the corporation was dis- solved in 1712. The crown granted a new charter, declaring the right of electing freemen to be in the mayor, four aldermen, and thirty-one freemen. See proceedings in Male cxii. on this. 2 HEREFORDSHIRE. See Jour. 80. '2 HEREFORD CITY, Corp. City, 28 Ed. 1. See Jour. 81. Electors, the citizens and freemen. -.2 -HERTFORDSHIRE, Jour. 84. a HERTFORD (Herts.) C. T. 26 Ed. 1, w.ith inter- missions until 1611, Jour. 86. Electors, the inha- bitants not receiving alms, and in such freemen only as at the time of their being made free were inha- bitants of this borough, or the parishes thereof, there being only three in number ef no resident freemen, L. D. 3 Dec. 1705. 2 HEYDON, OR HEDON (York.) C. T. 23 Ed. I, until 1 Ed. 6, Jour. 231. Electors, the burgesses, L. D. 3 April, 1746. 5 HEYTESBURY (Wilts.) P. B. 27 H. 6, Jur. 207, /?. 0. the bailiff Electors, about 60,burgage holders. a 'HICHAM FERRARS (Northampton.) C. T. 2 and 9, P. and M. Jour. 134. Electors, mayor, aldermen, burgesses, and freemen being householders, and nt receiving alms, Jan. 28, 1702. APPENDIX. No. of Members. 1 LINLITHGOWSHIRE (Scotland), 1707, Jour. 290. 2 LITCHFIELD (Staffords.) C. T. 33 Ed. I to Ed. 6, Jour. 168. R. 0. the sheriff. Electors, the bailiffs, magistrates, freeholders of 40s. per ann. and all that hold by burgage tenure, and in such freemen only as are enrolled. L. D. 10 Dec. 1718. 2 LIVERPOOL (Lancashire), C. T. Ed. 6, Jour. 100. Electors, the mayor, bailiffs aad freemen not receiving alms. L. D. March 5, 1729. 4 LONDON CITY, Corp. City, 49 H. 3, Jour. 111. R. 0. the sheriffs. Electors, the livery of London. See act of parliament, 1725. 2 LUDLOW (Salop) C. T. 12 Ed. 4, Jour. 142. R. 0. the bailiffs by charter. Electors, the burgesses and sons of burgesses, and husbands of daughters of bur- gesses are entitled to be made burgesses and vote. L. D. 1 March, 1698. Sim. Ixxii. 2 LUDGERSHALL (Wilts.) P. B. 23 Ed 1 to 9 H. 6. Jour. 215 R. O. the bailiff of the lord of the manor. Electors, persons having any estate of inheritance, a .'reehold or leasehold, determinate on a life or lives within the said borough, not confined to ancient houses or the scites thereof. April 15, 1791, L. D. May 20, 1723. 2 LYME REGIS (Dorset.) C. T. 23 E(L I, Jour. 63. Electors, the mayor, capital burgesses and freemen. L. D. Feb. 28, 1727. 2 LYMINGTON (Wants.) C. T. 27 Eliz. Jour. 164. Electors, the mayor and burgesses only, and not in the mayor, burgesses, and inhabitants. L. D. 11 Jan. 1710. 2 LYNN REGIS (Norfolk) P. B. 23 Ed. 1, Jour. Il6. Electors, the freemen. 2 MAIDSTONE, (Kent), C. T. Ed. 6, lost its right 'till 2 Eliz. Electors, freemen not receiving alms or charity, L. D. 10 Feb. 1701. Dec. 8, I?02. 2 MALDEN (Essex) C. T. 2 Ed. 3. Jour. 74 R. O. the bailiff by charter. Electors, freemen not receiving alms, persons entitled to freedom by birth, marriage, or servitude; but persons claiming their freedom from honorary freemen, or by purchase, and exercis- APPENDIX. Mwtari MALDEN continued. ing trades within the borough have no right. L. D 20 May, 1715. 2 MALMESBURY, (Wilts.) C. T. 23 Ed. 1, Jour. 212. R. 0, the alderman. Electors, the aldermen and 12 capital burgesses, L. D. 13 Dec. 1702. 2 MALDON or MALTON (Yorks.) P. B. restored 1640, Jour. 233. R. 0. the bailiff of the lord of the manor. Electors, the burgage holders, and inhabi- ants rated to church and poor. 2 MARLBOROUGH (Wilts.) P. B. 23 Ed. I, Jour. 218. Electors, about 25, mayor and burgesses only. L. D. 13 May, 1717. 3 MARLOW, GREAT, (Bucks.) P. B. 21 James 1, Jour. 14. JR. 0. the constable chosen by the court of the lord of the manor. Electors, the inhabitants paying scot and lot. L. D. 21 Nov. l6$0. 2 MAWS, ST. (Cornwall), C. T. 5 Eliz. Jour. 40. Electors, the mayor or portreeve, and the resident burgesses. 2 MICHAEL'S, ST. or Mitchell (Cornwall), P. B. 7 Ed. 6, Jour. 38. R. 0. the portreeve. Electors, the portreeve and lords of the manor who are capa- ble of being portreeves, and the inhabitants paying scot and lot. L. D. 20 March, 1700. Sim. Ixxv. 4 MELCOMBE REGIS, &c. See Weymouth, Jour. 6"5. 1 MEREONETHSHIRE, 27 H. 8. Jour. 263. 2 MIDDLESEX, Jour. 209. 2 MIDHU RST (Sussex), P. B. 4 Ed. 2. Jour. 190. R. 0. the bailiff of the lord of the manor. Electors, about, 110, the burgage holders. 2 MILBOURNE PORT (Somerset) C. T. 26 Edw. I. Jour. 153. Electors, the capital bailiffs and their deputies, commonalty, stewards, and other inhabit- ants paying scot and lot. L. D. Dec. 8, 1702. 2 MINEHEAD (Somerset) P.B. 1 Eliz. Jour. 151. R. 0. the bailiff or two constables of the lord of the manor. L. D. 13 June 1717. Electors, the parishioners of Minehead and Dunster, being housekeepers in the borough of Minehead, and not receiving alms. L. D, Feb. 24, 1717. 2 MONMOUTHSHIRE, 27 H. 8. Jour. 112. APPENDIX. No. of Members. J MONMOUTH TOWN, C. T. 27 H. 8. Jour. 113. R. 0. the bailiffs. Electors, the inhabitants of the j borough of Newport and Uske, and not the burgesses and inhabitants of Monmouth onlv. L. D. 26 Nov. 1680. 1 MONTGOMERYSHIRE, 27 H. 8. Jour. 264. 1 MONTGOMERY TOWN, C. T. 27 H. 8. Jour. 265. R. O. the bailiffs Electors, the burgesses of the boroughs only. L. D. April 16, 1728. 2 MORPETH (Northumberland) P. B. 1 Mary, Jour. 127. .R. 0. two bailiffs choseu at the lord of the manor's court. Electors, 220, the bailiffs and free burgesses only, L. D. 9 March, 1695. 2 NEWARK (Notts.) C. T. 24 C. 2. Jour. 132. Electors, mayor, alderman, and all the inhabitants paying scot and lot, L. D. 22 March, 179J. 2 NEWCASTLE UNDER LYNE (Stafford) C. T. Jour. 170. Electors, the resident freemeu, L. D. 21 March, 1794. 2 NEWCASTLE-UPON-TYNE (Northumberland) C. T. 23 Ed. 1. Jour. 126, R. 0. the sheriff. Electors, 2600, the .corporation and free burgesses, L. D. 27 Feb. 1705. . 2 NEWPORT (Cornwall) P. B. 7 Ed. 6. Jour. 39. R. 0. two vianders chosen at the court of the lord of the manor. Electors, said vianders with scot and lot inhabitants. 2 NEWPORT (Isle of Wight, Hants.) P. B. 23 Ed. 1. Jour. 160. Electors, the mayor 11 aldermen and 12 burgesses. 2 NEWTOWN (Lancashire) P. B. 1 Eliz. Jour. 97. R. O. steward of the lord of the manor. Electors, about 40, the free burgesses or freemen seised of a cor- poreal estate of freehold of the value of 40s. a year and upwards, L. D. Dec. 11, 1796. ^eniwl 2. NEWTOWN (Isle of Wight, Hants.) C. T. 27 Eliz. Jour. 162. -Electors, about 40, the mayor and bur- gesses holding borough lands, L. D. 22 April, 1729. 2 NORFOLK. Jour. 114 APPENDIX. No. of Members. 2 NORTH ALLERTON (York.) P. B. 26 Ed. l. Jour. 237. R. 0. the bailiff appointed by the Bishop of Durham, lord of the manor. 'Electors, about 1801, the burgage holders. 2 NORTHAMPTONSHIRE, Jour. 120. 2 NORTHAMPTON TOWN, C. T. 23 Ed. 1. Jour. 122. Electors, the inhabitants being householders, not receiving alms, and the sharing in a charitable gift given at Christmas in this borough, is a taking of alms, L. D. Ap. 26, 1665. 1 NORTHUMBERLAND, Jour. 125. 2 NORWICH CITY, Corp. City, 23 Ed. 1. Jour. 115. R. 0. the sheriffs. Electors, the freeholders and such freemen only of this city as are entered in the books and do not receive alms or charity. 12 March, 1701. Resolved if freemen of this city had neg- lected to demand their freedom, before the teste of the writ of election, they had no right to vote, March 12, 1702, 2 NOTTINGHAMSHIRE, Jour. 129. -2 NOTTINGHAM TOWN, C. T. 26 Ed. I. Jour. 130. R. 0. the sheriffs. Electors, the mayor, freemen, and freeholders of 40s. per ann. Persons being the eldest sons of freemen by their birth, or being the youngest sons of freemen who have served 7 years' apprenticeship at any place, and also servitude by apprenticeship to a freeman of Nottingham, might demand their freedom, L. D. 10 June, 1701. 2 OAKM AMPTON (Devon) C. T. 28 Ed. 7. Ed. 2. 16 C. I. Jour. 51. Electors, the freeholders and freemen who are made free by charter and bye laws, L. D. Feb. 24-, 1710. 2 ORFORD (Suffolk) C. T. Ed. 1, to H. 8. Joor. 175. Electors, the mayor, portreeve, capital burgesses, and freemen not receiving alms, Feb. 10, 1609. Jan. 29, 1708. 1 ORKNEY AND ZETLANDSHIRES (Scot.) Anne,. 1707. Jour. 291. 2 OXFORDSHIRE, Jour. 133. bl APPENDIX. Ko. of Membori. 2 OXFORD UNIVERSITY, 1 James 1. Jour. 134, R. Q. the vice chancellor. Electors, the Doctors and actual masters. 5 OXFORD CITY, Corp. City. 23. Ed. 1. Jour. 135. Electors, the mayor, the 15 magistrates so called, and common council, making in all 48, in the free- men, L. D. Feb. 19, l620. 1 PEEBLESHIRE (Scot.) Anne, 1707. Sim". Ixxviii. Jour. 292. .. PEMBROKESHIRE, 27 H. 8. Jour. 266. J PEMBROKE TOWN, C. T. 27 H. 8. Jour. 267. Elec- tors, the mayor, bailiffs, and burgesses of the boroughs of Pembroke, Tenby, and Whiston, L. D. Feb. 23, 1711. 2 PENRYN (Cornwall) C. T. 7 Ed. 6. Jour. 32. R. 0. mayor and portreeve. Electors, the mayor, portreeve, aldermen and inhabitants paying scot and lot. Sir C. Hawkins declared guilty of bribery, and although elected he did not sit. Feb. 4-, 1807. 1 PERTHSHIRE (Scot.) Anne, 1707. Jour. 306. 2 PETERBOROUGH CITY, (Northamptonshire) Corp. City. 1 Ed. 6. Jour. 121. -R. 0. the bailiff appointed by the dean and chapter. Electors, the inhabitants, paying scot and lot. L. D.June 16, 1701, explained to be the inhabitants within the precincts of the minster there, being householders, and in the other inhabitants within the city paying scot and lot. May 13, 17^8. 2 PETERSFIELD (Hants) C.T.) Ed. 1 . to Ed. 6. Jour. 159- R. 0. the mayor, who is chosen annually at the court leet of the lord of the manor. Electors, the freeholders of lands or ancient dwelling houses, or shambles built upon ancient foundations, May 9, 1727. 2 PLYMOUTH (Devon) C. T. 26 Ed. 1. to 20 H. 6. Jour. 50. Electors, the mayor and commonalty June 9, 1660. the word "commonalty" only tends to freemen of the said borough, Jan. 17, 1739. APPRNDX. No. of Members. 2 PLYMPTON EARLE (Devon.) C. T. 23 Ed. 1 . Jour/ 53. R. 0. the mayor and bailiff: Electors, the mayor, bailiff and freemen, and sons of freemen, who have a right to demand their freedom, L. D. 28 Jan. 1702. 2 PONTEFRACT (York.) C. T. 26 Ed. 1. to James J. Jour. 238. Electors, the inhabitants (householders) resident there, L. D, 28 May, 1624-, but they must have a freehold, burgage tenure within said borough, paying burgage rent, Feb. 5, 1770. Sim. Ixxx. 2 POOLE (Dorset.) C. T. 36 Ed. 3. to 31 H. 6. Jour. 61. R. 0. the sheriff. Electors, about 100, burgesses whether out or in, burgesses, L. D. June 15, 1601. 2 PORTSMOUTH (Hants) C. T. 23 Ed. 1. to 29 H. 6.. Jour. 157. Electors, about 60, mayor, aldermen, and burgesses, L. D. Jan. 24-, 1695. Sim. Ixxx. '2 PRESTON (Lancas.) C. T. 23 Ed. 1. restored by Ed. 6. Jour. 95. Dec. 18. 1661. Electors, all the inha- bitants, not such as were " In burgesses" of the last guild, or those since admitted by a copy of court roll who are inhabitants, but all the inhabitants at large, Nov. 28, 1768. By resolution 1781, inhabitants does not mean in burgesses resident. It is said that fruit- less attempts have been made in Parliament to restrain this almost universal suffrage. 2 QUEENBOROUGH (Kent) C. T. 13 Eliz. Jour. 93, Electors, about 140, mayor, jurats, aad bailiffs only, L. D. 17 April, 1729. Sim Ixxxi. 1 RADNORSHIRE, 27 H. 8, Jour. 269. 1 RADNOR NEW (Radnor.) C. T. 27 H. 8, Jour. 270, R. 0. the bailiffs by charter. Electors, about 1200, viz. the burgesses of Radnor, Ryader, Knighton, Knuckless, andKevenlice only. L. D. Nov. 12, 1690. 2 READING (Berks) C. T. 23 Ed. 3. Jour. 5. Electors, the inhabitants only paying scot and lot, L. D May 30, 1716. APPENDIX. No. of Members. 2 RETFORD EAST Notts.) C. T. 9 Ed. 2 to 13 EHz. Jour. 131, R. 0. the bailiffs by charter. Electors, freemen that have a right to their freedom by birth as eldest sons of ffeemeq, or by seven years appren- ticeship, or have it by redemption, inhabiting the said borough at the time they were made free, L. D. Jan. 11, 1710. 1 RENFREWSHIRE (Scotland), Anne, 1707. 2 RICHMOND (York.) C. T. 23 Ed. 1, Jour. 230. Electors, 270 only, the owners of ancient burgages in this borough, having a right of pasture in common called whitecliffe pasture, L. D. 9 March, 1727. 2 RIPPON (York.) C. T. 23 Ed. 1 , Jour. 229. Electors, 170, the burgage holders. 2 ROCHESTER CITY, Corp. City, 23 Ed. 1, Joar. 91. Electors, about 1100, all the freemen not receiving alms or charity, March, 2, 1807. 2 ROMNEY NEW (Kent) C. T. 43 Ed. 3, Jour. 249. Electors, mayor, five jurats, and tweuty-six freemen only. 1 ROSS-SHIRE (Scotland) Anne, 1707, Jour. 295. 1 ROXBURGHSHIRE Scotland) Anne, 1707, Jour. 296. 2 RUTLANDSHIRE, Journal 281. 2 RYE (Sussex), C. T. 42 Ed. 3, Jour. 244. Electors, the mayor, jurats, and freemen inhabiting iu the said port, and paying scot and lot, L. D. 19 Dec. 1702. Sim. Ixxxii. 2 RIEGATE (Surrey) P. B. 23 Ed. 1, Jour. 183, R. 0. the bailiff. Electors, the freeholders. 2 SALOP COUNTY OR SHROPSHIRE, Jour. 139. 2 SALTASH (Cornwall), C. T. Ed. 6, Jour. 27. Electors, corporation and freeholders formerly, but resolved that the mayor and free burgesses of the same being members of the corporation within the same, and no other persons were entitled, 2 Lud. 108, L. D. 19 Feb. 1807. 2 SANDWICH (Kent), C. T. one of the cinque ports, 42 Ed. 3, Jour. 24 1 . Electors, freemen resident and non resident not reviving alms, L. D. 31 Oct. 1690., No. of Members. 2 SALISBURY CITY, OR NEW SARUM (Wilts.) Corp. City, 23 Ed. 1, Jour. 203. Electors, mayor and corporation consisting of 56 persons, L. D. 1 April, 1689. 2 SARUM, OLD (Wilts.) P. B. 23 Ed. 3, Jour. 2l6. Electors, seven or eight freeholders, being burgage holders of this borough, L. D. 14- Nov. 1688. 2 SCARBOROUGH (Yorks.) C. T. 23 Ed. 3. Jour. 228, R. 0. the bailiffs by charter. Electors, the two bailiffs, two coroners, four chamberlains, and thirty- six burgesses, L. D. 21 April, 1736. x> SEAFORD (Sussex) C. T. belonging to Hastings, one .. t nq; .of the Cinque ports, l6 Chas. 1, Jour. 246. R. 0. the bailiff. Electors, the bailiffs, jurats, and free- men, and the "Popularity," also L. D. Feb. 10, 1 671, 1 Doug. 3 Doug. 29> this restricted by resolution 19 March, 1792, 1793, 3 Lud. 39, to inhabitants, housekeepers of said town and port paying scot and lot, and in them only, 3 Lud. 39 1 SELKIRKSHIRE (Scotland) Anne, 1707, Jour. 97. 2 SHAFTESBURY, OR SHAFTON (Dorset,) C. T. 26 Ed. lj Jour. 67. Electors, the inhabitants pay- ing scot and lot. and not the mayor and burgesses, L. D. Feb. 29, 1695. 2 SHOREHAM, NEW (Sussex) P. B. 23 Ed. 1. Jour. J92. R. 0. the constables of this borough. Electors, formerly tbe inhabitants paying scot and lot, but on acts of corruption being proved, an act passed in 1771, enabling all the 405. freeholders in the Rape of Bramber, being the adjoining hundred to vote. with said inhabitants. 2 SHREWSBURY (Salop.) C. T. 23 Ed. 1, Jour. 140. . Juod paper, and contains upwards of Fifteen Hundred Pages of Informa- on, immediately connected with the pursuits of Domestic Life. By leans of close printing and a large page, it comprehends as much matter < is usually found in six volumes of an ordinary size : and cannot, it is resumed, fail of being considered a most valuable addition to the FAMILY LIBRARY. L 3 large Volumes STO. Price 1M4. in Boards; or maybe had in Monthly Parts, by one or more at a time, Price 2*. 6d. each. " The Family Cyclo|edia, contains a large mass of information, on subjects connected ith the Domestic Economy of Life. 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