sioner, collector, supervisor, guager, or other officer or person concerned or employed in the charging, collecting, levying, or managing the duties of excise, or any branch or part thereof; in which list, however, the husband of the office-keeper to the collector of excise,2 and an occasional collector of excise paid by the collector, are not comprehended; a commissioner, collector, comptroller, searcher, or other officer or person, concerned or employed in the charging, collecting, levying, or managing the customs, or any branch or part thereof; a commissioner, officer, or other person concerned or employed in collecting, receiving, or managing any of the duties on stamped vellum, parchment, and paper; one appointed by the commissioners for distributing stamps; in which list, a subdistributor of stamps is not comprehended;5 a commissioner, officer, or other person employed in collecting, levying, or managing any of the duties on salt; a surveyor, collector, comptroller, inspector, officer, or other person employed in collecting, managing, or receiving the duties on windows or houses; a postmaster, postmaster-general, or his or their deputy or deputies, or any person employed by, or under him or them in receiving, collecting, or managing the revenue of the post-office, or any part thereof; in which list, the husband of a postmistress,7 and the real postmaster, though another acts and takes the profits, are comprehended; but not a subdeputy for delivering letters in a parish not a post-town, appointed with the postmastergeneral's approbation, nor the guard of a mail coach paid by the comptroller-general of the post-office;1o a captain, master, or mate of any ship, packet, or other vessel, employed by or under the postmaster or postmaster-general, in conveying the mail to and from foreign parts; and officers appointed under the police acts.12 11 9 8 But with these exceptions, all persons qualified as Of persons that presently mentioned, are enabled to vote. Therefore, are not disabled from voting. denizens; 13 quakers, and other dissenters; jews;1 papists;15 1 22 G. 3. c. 41. 21 Peck. 373. 34 Fra. 165. 4 22 G. 3. c. 41. 51 Fra. 164. 6 22 G. 3. c. 41. 7 4 Fra. 558. 8 4 Fra. 561. 9 H. C. 203. 10 2 Fra. 454. 11 22 G. 3. c. 41. 12 39 & 40 G.3. c. 87; 42 G. 3. c. 76. 13 H. C. 158. 14 H. C. 218. 15 2 Lud. 567. Clifford 401. Qualifications of Electors for counties at 5 excommunicated persons;1 runners of uncustomed goods; the candidates themselves, and each for himself even; returning officers; commissioners of landtax, and persons acting under their appointment in collecting or managing the land-tax, though concerned in the revenue, and paid by a per centage out of it; persons concerned in collecting or managing any other rates or duties granted by parliament; and the holders of offices and places usually granted to be held by letterspatent for any estate of inheritance or freehold. It is a question whether a popish recusant convict can vote; or one relieved by the parish ; though, by express provision, relief to a militia man's family, during actual service, will not affect him.10 8 Electors for the county at large, and freehold electors for places being counties of themselves, must have, 1. large and places a freehold estate within the county or district; 2. of that are coun- the annual value of forty shillings, clear of all charges, ties of them- excepting taxes.11 selves. A freehold es tate. The interest must be freehold. Copyholders, therefore, cannot vote;12 thus tenants in ancient demesne.13 But the following are freeholders-customary freeholders :14 a rector or vicar :15 perpetual curates deriving their salaries out of freehold lands :16 the holders in fee or for life of offices, whether concerning land or not:17 schoolmasters and parish clerks seized of land by virtue of their offices:18 but not the proprietor of a seat connected with an office, the profits of which consist of fees only.19 So the following may vote-reversioner or remainder-man of a freehold estate, who receives forty shillings rent in possession :20 an equitable freeholder in possession:21 the husband of a woman entitled to dower, though not set out, provided the former husband died seized or possessed of the estate :22 the possessor of land for a period sufficient to bar an ejectment.23 The value is determined, not by what the owner makes, of a certain vabut by what a tenant would give.1 And if the property lue. In London, In London. is mortgaged, though the mortgagor is still in possession, In such cases, too, (elections for counties and places In possession. being counties of themselves) the voter must have been in actual possession or in receipt of the profits for upwards of twelve calendar months before the day of giving his vote. Unless the estate came to him by descent, marriage, marriage settlement, devise, or promotion to a benefice or office: and such a devolution pending the election entitles to vote. In places not being counties, no antecedent possession is required. In the case of a mortgage or trust, the person in possession votes." And in such cases, likewise, a fraudulent grant to qua- Bonâ fide. lify the grantee to vote, or splitting an interest among several persons in order to multiply voices, will be of no avail. Nor will any lapse of time protect a transaction originally objectionable. Though the presumptions are that every transaction is bonâ fide." It is doubtful whether the splitting act extends to boroughs.10 But the doctrine of fraudulent grants, in as far as it rests upon common principles, will apply to them. In such cases, lastly, the property must have been And assessed to assessed to the land-tax,11 six months in the case of coun- the land-tax. ties,12 and twelve in that of places being counties,13 before the election. Unless in county elections, 1. The voter became entitled to the property in respect of which he claims to vote, by descent, marriage, marriage settlement, devise, or promotion to any benefice in a church or by promotion to an office within twelve calendar months next before the election; provided the property was rated or assessed to the land-tax in the name of a proprietor through whom he derives his title, or his tenant in possession, or of a predecessor, within two years next before the election. 2. Or the right is claimed in respect of any rents (other than fee farm,)2 tithes, or any chambers in the Inns of Court or Inns of Chancery, or any messuages or seats belonging to any offices. 3. Or in elections for places being counties, the right is claimed in respect of rents or any messuage or seat belonging to an office. 4. Or, in both cases, unless the property is an annuity or fee farm rent, issuing out of land specially rated or assessed, and has been duly registered;5 though for annuities annexed to offices, registration is unnecessary. 5. Or lastly, unless (at any time before the election) the land-tax of the property in respect of which the vote is offered, has been redeemed or purchased. The assessment, then requisite, must have been duly made. As to which; if (in the assessment) the name of the owner and the occupier are one wrong the other right, the party may still vote. So though the name of the tenant is not inserted in the prescribed form. Or where the tenant's name is in the assessment and his own not.10 And if one joint-tenant only is named, his vote (but his only) shall be received." An assessment as vicar of X,' sufficiently designates the proprietor.12 And an assessment (warranted by practice) of the land only, where the freehold consists of houses also, is sufficient.13 But if the occupier hold lands belonging to distinct persons, each shall be separately rated.14 A variance between the assessment and the poll-book, unless explained, vitiates the vote.15 In places not counties no assessment is requisite, except in Cricklade, where the estate must have been assessed six months before the election, unless it devolved and was assessed in the hands of a former proprietor as in cases already specified.16 1 20 G. 3. c. 17. s. 2. 22 Peck. 85. 3 Sim. 63. 4 18 G. 2. c. 18. s. 4. 5 20 G. 3. c. 17. s. 2. Vide 3 G. 3. c. 24. s. 2. 6 H. C. 155. 7 42 G. 3. c. 116. s. 200. 9 30 G. 3. c. 35. s. 1. 10 30 G. 3. c. 35. s. 2. 11 H. C. 139. 12 2 Peck. 74. 13 H. C. 133. 14 20 G. 3. c. 17. 15 Peck. 67, 68, 69, 70, 71, 72, 73. 78. 105. 2 Lud. 527. charge. And, universally, where the vote is given in respect of Of voting in an annuity or rent charge issuing out of freehold lands respect of an or tenements, and granted previous to the first of June annuity or rent 1763, a certificate upon oath, (or affirmation,) must have been entered twelve calendar months, at least, before the first day of such election, (or where the right accrued by descent, marriage, marriage settlement, devise, or presentation to a benefice or promotion to an office, within the twelvemonth, then at any time before that day) with the clerk of the peace for the county, riding, or division, or with the clerk of the peace, town clerk, or other public officer, having the custody of the records within the city or town were the tenements lie.1 not counties of Electors for places that are not counties of them- Qualifications selves are, 1. Freeholders. 2. Corporators. 3. Inhabitants. of Electors for 1. The value of the freehold is immaterial. And in Crick- places that are lade, copyholders;2 in Corfe Castle, leaseholders for not themselves. less than three years or determinable upon a life or lives;3 and in Lugershall, leaseholders determinable on a life or lives, may vote. 2. The members of a corporation, however incomplete, may exercise the elective franchise.5 But unless a freeman has become such by birth, servitude, or marriage, he must have been admitted twelve calendar months before the election day. His freedom must be stamped before he votes; but at what time is immaterial. 3. Inhabitants are either inhabitants generally, or those paying scot and lot. In both cases, they must have been actually such six calendar months before tendering their vote. Unless possession was acquired by descent, devise, marriage, marriage settlement, or promotion to an office or benefice; or unless the voter has a superadded qualification. An inhabitant generally (unless defined by custom or charter) means a householder." And a householder is that person who has the exclusive right to use the outward door.1o An inhabitant paying scot and lot, is a person who is rated and pays to the church and poor. Persons rateable and having paid to the rate, though that rate be made by officers illegal or doubtful, have a right to vote as inhabitants paying scot and 1 13 G. 3. c. 24. 2 H. C. 413. 3 H. B. 411. 4 H. B. 411. 5 Sim. 124. 6 3 G. 3. c. 15. 7 3 Dougl. 215. 8 26 G. 3. c. 100. 10 2 Fraser 449. 451. 11 1 Peck, 103. 1 Dougl. 140. |