6 & 7 Wil. 4, c. 86. "SCHEDULE (E.) "I, John Cor, registrar of births and deaths in the district of Marylebone, North, in the county of Middlesex, do hereby certify, that the death of Henry Hastings was duly registered by me on the seventh day of March, 1836. Witness my hand this eighth day of March, 1836. "John Cox, Registrar." "SCHEDULE (F.) "I, James Smith, coroner for the county of Dorset, do hereby order the burial of the body now shown to the inquest jury as the body of John Jones. Witness my hand this eighth day of March, 1836. “I, Gilbert Elliott, vicar of Barming, in the county of Kent, do hereby certify, that I have this day baptized, by the name of Thomas, a male child, produced to me by William Green, as the son of William Green and Rebecca Green, and declared by the said William Green to have been born at Marylebone, in the county of Middlesex, on the seventh day of January, 1836. Witness my hand this first day of December, 1838. "Gilbert Elliot, Vicar." The words and figures in Italics in the above Schedules to be filled in as the case may be. Parliament. THE decisions of the Committees of the House of Commons, and of the Revising Barristers, under the recent Statutes for the Amendment of the Representation of the People, have been so various and conflicting, in consequence of the obscurity and vagueness of many of the clauses of the 2 Wil. IV. c. 45, (more generally known as the Reform Bill), as to preclude us from devoting to this portion of the work the very extended space that any attempt to reconcile the adjudged cases would necessarily occupy. It has been therefore deemed sufficient for the general utility of the work to give copious extracts from the various Acts of Parliament relating to the Law of Election, and to confine ourselves to occasional references to those cases that appear to have received the most uniform decision, and thus to deduce as clear a construction of the laws now in force as our space and circumstances will permit. A more lengthy exposition has been rendered the less necessary in consequence of the previous publication of Treatises devoted exclusively to this subject: and as the Acts of the present reign have effected the most considerable changes in the system of Representation, a general understanding of the subject may be gathered from the ample references we have given to those Statutes. To afford a greater facility of reference, we have divided the subject into the following heads; under which are treated the various rights, duties, powers, and liabilities of the Electors, Candidates, and Officers, in their proper order, viz. :— I. Counties empowered to send additional Members to Parliament- II. Qualification of Electors to vote in the Election of Members for III. The like for Boroughs, 22. IV. The like of Burgesses, Freemen, and Liverymen, 24. V. General Disqualification of Electors, 25. VI. Registration of Electors for Counties, and Duties of Overseers therein, 27. VII. The like for Boroughs, 29. VIII. Appointment and Duties of Revising Barristers for Counties, 32. X. Proceedings prior to and at the Election of Members for Counties, 37. XI. The like for Boroughs, 40. XII. General Matters previous to the Election, 46. XIII. Qualification of Candidates, 50. XIV. Returning Officers-Return-and Expenses of Election, 53. XVI. Petition against Return, 58. XVIII. Duration of Parliament, and Date of Acts of Parliament, 61. I. Counties empowered to send additional Members to Parliament By an Act passed in the 2nd year of his present Majesty, cap. 45, intituled "An Act to amend the Representation of the People in England and Wales,” after reciting that it is expedient to take effectual measures for correcting divers abuses that have long prevailed in the choice of members to serve in the Commons House of Parliament, to deprive many inconsiderable places of the right of returning members, to grant such privilege to large, populous, and wealthy towns, to increase the number of knights of the shire, to extend the elective franchise to many of His Majesty's subjects who have not heretofore enjoyed the same, and to diminish the expense of elections; it is enacted, "that each of the boroughs enumerated in the schedule marked Boroughs ceasing (A.) to this act annexed (that is to say), Old Sarum, Newtown, St. Michael's to send members or Midshall, Gatton, Bramber, Bossiney, Dunwich, Ludgershall, St. Mawe's, to parliament. Beeralston, West Looe, St. Germain's, Newport, Blechingley, Aldborough, Camelford, Hindon, East Looe, Corfe Castle, Great Bedwin, Yarmouth, Queenborough, Castle Rising, East Grinstead, Higham Ferrers, Wendover, Weobly, Winchelsea, Tregony, Haslemere, Saltash, Orford, Callington, Newton, Ilchester, Boroughbridge, Stockbridge, New Romney, Hedon, Plympton, Seaford, Heytesbury, Steyning, Whitchurch, Wootton Bassett, Downton, Fowey, Milborne Port, Aldeburgh, Minehead, Bishop's Castle, Okehampton, Appleby, Lostwithiel, Brackley, and Amersham, shall, from and after the end of this present parliament, cease to return any member or members to serve in parliament." By sect. 2, "each of the boroughs enumerated in the schedule marked (B.) Boroughs to return to the act annexed (that is to say), Petersfield, Ashburton, Eye, Westbury, one member only. Wareham, Midhurst, Woodstock, Wilton, Malmesbury, Liskeard, Reigate, Hythe, Droitwich, Lyme Regis, Launceston, Shaftesbury, Thirsk, Christchurch, Horsham, Great Grimsby, Calne, Arundel, St. Ives, Rye, Clitheroe, Morpeth, Helston, North Allerton, Wallingford, and Dartmouth, from and after the end of the then Parliament, to return one member and no more to serve in Parliament." By sect. 3, "each of the places named in the schedule marked (C.) to this New boroughs to act annexed (that is to say), Manchester, Birmingham, Leeds, Greenwich, return two memSheffield, Sunderland, Devonport, Wolverhampton, Tower Hamlets, Fins- bers. bury, Mary-le-bone, Lambeth, Bolton, Bradford, Blackburn, Brighton, Halifax, Macclesfield, Oldham, Stockport, Stoke-upon-Trent, and Stroud, shall for the purposes of this act be a borough, and shall as such borough include the place or places respectively which shall be comprehended within the boundaries of such borough, as such boundaries shall be settled and described by an act to be passed for that purpose in this present parliament, which act, when passed, shall be deemed and taken to be part of this act, as fully and effectually as if the same were incorporated herewith; and that each of the said boroughs named in the said schedule (C.) shall from and after the end of this present parliament return two members to serve in Parliament." By sect. 4, "each of the places named in the schedule marked (D.) to the New boroughs to return one member. (1.) Franchise, act annexed, (that is to say,) Ashton-under-Lyne, Bury, Chatham, Cheltenham, Dudley, Frome, Gateshead, Huddersfield, Kidderminster, Kendal, Rochdale, Salford, South Shields, Tynemouth, Wakefield, Walsall, Warrington, Whitby, Whitehaven, and Merthyr Tydvil, shall for the purposes of the act be a borough, and shall as such borough include the place or places respectively which shall be comprehended within the boundaries of such borough, as such boundaries shall be settled and described by 2 & 3 W. 4, c. 64, an act to be passed for that purpose in this present parliament, which act, when passed, shall be deemed and taken to be part of this act as fully and effectually as if the same were incorporated herewith; and each of the said boroughs named in the said schedule (D.) shall from and after the end of this present parliament return one member to serve in parliament." post, 75. Shoreham, Cricklade, Aylesbury, and East Retford, to include certain adjacent districts. Weymouth and Melcombe Regis to return two members only. Boundaries of existing boroughs in England to be settled. By sect. 5, "the borough of New Shoreham shall for the purposes of this act include the whole of the Rape of Bramber, in the county of Sussex, save and except such parts of the said Rape as shall be included in the borough of Horsham by an act to be passed for that purpose in this present parliament; and that the borough of Cricklade shall for the purposes of this act include the hundreds and divisions of Highworth, Cricklade, Staple, Kingsbridge, and Malmsbury, in the county of Wilts, save and except such parts of the said hundred of Malmsbury as shall be included in the borough of Malmsbury by an act to be passed for that purpose in this present parliament; and that the borough of Aylesbury shall for the purposes of this act include the three hundreds of Aylesbury in the county of Buckingham; and the borough of East Retford shall for the purposes of this act include the hundred of Bassetlaw in the county of Nottingham, and all places locally situate within the outside boundary or limit of the hundred of Bassetlaw, or surrounded by such boundary and by any part of the county of Lincoln or county of York." By sect. 6," the borough of Weymouth and Melcombe Regis shall from and after the end of this present parliament return two members, and no more, to serve in parliament; and that the borough of Penryn shall for the purposes of this act include the town of Falmouth; and the borough of Sandwich shall for the purposes of this act include the parishes of Deal and Walmer." By sect. 7, "every city and borough in England which now returning a member or members to serve in parliament, and every place sharing in the election therewith, (except the several boroughs enumerated in the said schedule (A.), and except the several boroughs of New Shoreham, Cricklade, Aylesbury, and East Retford,) shall, and each of the said boroughs of Penryn and Sandwich also shall, for the purposes of this act, include the place or places respectively which shall be comprehended within the boundaries of every such city, borough, or place, as such boundaries shall be 2 & 3 W. 4. c. 64, settled and described by an act to be passed for that purpose in this present parliament, which act, when passed, shall be deemed and taken to be part of this act as fully and effectually as if the same were incorporated herewith." post, 75. Places in Wales elections for the By sect. 8, "each of the places named in the first column of the schedule to have a share in (E.) to this act annexed shall have a share in the election of a member to serve in all future parliaments for the shire-town or borough which is mentioned in conjunction therewith, and named in the second column of the said schedule (E.)” shire-towns. Boundaries of shire-towns and be settled. 66 By sect. 9, each of the places named in the first column of the said schedule (E.), and each of the shire-towns or boroughs named in the second places in Wales to column of the said schedule (E.), and the borough of Brecon, shall for the purposes of this act include the place or places respectively which shall be comprehended within the boundaries of each of the said places, shire-towns, and boroughs respectively, as such boundaries shall be settled and described 2 & 3 W. 4, c. 64, by an act to be passed for that purpose in this present parliament, which act, when passed, shall be deemed and taken to be part of this act, as fully and effectually as if the same were incorporated herewith." post, 75. Swansea, Loughor, By sect. 10, "each of the towns of Swansea. Loughor, Neath, Aberavon, Neath, Aberavon, and Ken-fig shall for the purposes of this act include the place or places form one borough, respectively which shall be comprehended within the boundaries of each of (1.) Franchise. the said towns, as such boundaries shall be settled and described by an act to be passed for that purpose in this present parliament, which act, when and Ken-fig to passed, shall be deemed and taken to be part of this act as fully and effec- and electors theretually as if the same were incorporated herewith; and the said five towns, of not to vote for so including as aforesaid, shall for the purposes of this act be one borough, a member for and shall as such borough, from and after the end of this present parliament, Cardiff. return one member to serve in parliament, and the portreeve of Swansea 2 & 3 W. 4, c. 64, shall be the returning officer for the said borough; and no person by reason post, 75, of any right accruing in any of the said five towns, shall have any vote in the election of a member to serve in any future parliament for the borough of Cardiff." By sect. 12, in all future parliaments there shall be six knights of the Two knights for shire, instead of four, to serve for the county of York, (that is to say,) two each riding of knights for each of the three Ridings of the said county, to be elected in the Yorkshire. same manner, and by the same classes and descriptions of voters, and in respect of the same several rights of voting, as if each of the three Ridings were a separate county; and the court for the election of knights of the shire for the North Riding of the said county shall be holden at the city of York, and the court for the election of knights of the shire for the West Riding of the said county shall be holden at Wakefield, and the court for the election of knights of the shire for the East Riding of the said county shall be holden at Beverley." Kesteven and By sect. 13, in all future parliaments there shall be four knights of the Four knights for shire, instead of two, to serve for the county of Lincoln, (that is to say,) two Lincolnshire; two for the parts of Lindsey in the said county, and two for the parts of Kesteven for the parts of and Holland in the same county; and such four knights shall be chosen in Lindsey, two for the same manner, and by the same classes and description of voters, and in Holland. respect of the same several rights of voting, as if the said parts of Lindsey were a separate county, and the said parts of Kesteven and Holland together were also a separate county; and the court for the election of knights of the shire for the parts of Lindsey in the said county shall be holden at the city of Lincoln, and the court for the election of knights of the shire for the parts of Kesteven and Holland in the said county shall be holden at Sleaford." division. 2 & 3 W. 4, c. 64, post, 75. By sect. 14, "each of the counties enumerated in the schedule marked (F.) Certain counties to this act annexed shall be divided into two divisions, which divisions shall to be divided, be settled and described by an act to be passed for that purpose in this and to return two present parliament, which act, when passed, shall be deemed and taken to knights for each be part of this act as fully and effectually as if the same were incorporated berewith; and that in all future parliaments there shall be four knights of the shire instead of two, to serve for each of the said counties, (that is to say,) two knights of the shire for each division of the said counties; and such knights shall be chosen in the same manner, and by the same classes and descriptions of voters, and in respect of the same several rights of voting, as if each of the said divisions were a separate county; and the court for the election of knights of the shire for each division of the said counties shall be holden at the place to be named for that purpose in the act so to be passed as aforesaid for settling and describing the divisions of the said counties." By sect. 15, "in all future parliaments there shall be three knights of the Certain counties shire, instead of two, to serve for each of the counties enumerated in the to return three schedule marked (F. 2.) to this act annexed, and two knights of the shire, and others two instead of one, to serve for each of the counties of Carmarthen, Denbigh, knights. and Glamorgan." By sect. 16, "the Isle of Wight in the county of Southampton shall for the Isle of Wight, purposes of this act be a county of itself, separate and apart from the county severed from of Southampton, and shall return one knight of the shire to serve in every Hampshire, to future parliament; and such knight shall be chosen by the same classes return a memand descriptions of voters, and in respect of the same several rights of voting, as any knight of the shire shall be chosen in any county in England; and all elections for the said county of the Isle of Wight shall be holden at the town of Newport, in the Isle of Wight, and the sheriff of ber. (2.) Electors, the Isle of Wight, or his deputy, shall be the returning officer at such Qualification of elections." Towns, counties of themselves, included in adjoining counties. Freehold of 40s. a-year. Limitation in re for life, if occupied by himself, 40s. per year: if by another, 102. per year. By sect. 17, "for the purpose of electing a knight or knights of the shire to serve in any future parliament, the Fast Riding of the county of York, the North Riding of the county of York, the parts of Lindsey in the county of Lincoln, and the several counties at large enumerated in the second column of the schedule marked (G.) to this act annexed, shall respectively include the several cities and towns and counties of the same, which are respectively mentioned in conjunction with such ridings, parts, and counties at large, and named in the first column of the said schedule (G.)” II. Qualification of Electors to vote in Election of Members for Counties. By the 8 Hen. VI. c. 7, every elector of a knight of the shire shall have land or tenement to the annual value of 40s. at the least, above all charges. And by the 10 Hen. VI. c. 2, the said 40s. a-year shall be freehold. And by the 18 Geo. II. c. 18, s. 5, no person shall vote for a knight of the shire without having freehold estate in the county of the clear value of 40s. over and above all rents and charges payable out of the same. Sect. 6. But taxes and assessments shall not be deemed a charge pay able out of the lands. By 2 Wil. IV. c. 45, s. 18, "no person shall be entitled to vote in the elecspect of freeholds tion of a knight or knights of the shire to serve in any future parliament, or in the election of a member or members to serve in any future parliament for any city or town being a county of itself, in respect of any freehold lands or tenements whereof such person may be seised for his own life, or for the life of another, or for any lives whatsoever, except such person shall be in the actual and bona fide occupation of such lands or tenements, or except the same shall have come to such person by marriage, marriage settlement, devise, or promotion to any benefice or to any office, or except the same shall be of the clear yearly value of not less than ten pounds above all rents and charges payable out of or in respect of the same; any statute or usage to the contrary notwithstanding: provided always, that nothing in this act contained shall prevent any person now seised for his own life, or for the life of another, or for any lives whatsoever, of any freehold lands or tenements in respect of which he now has, or but for the passing of this act might acquire, the right of voting in such respective elections, from retaining or acquiring, so long as he shall be so seised of the same lands or tenements, such right of voting in respect thereof, if duly registered according to the respective provisions herein-after contained." Mortgage or trust estate. Tenant in dower. Purchasers of land tax. But see sect. 24. If the same can confer on occupier, being owner, a vote for a borough, he connot vote in respect of it for the county. If occupied by his tenant each may vote, if of the proper value, the tenant for the borough and the owner for the county. By the 7 & 8 Wil. III. c. 25, s. 7, the mortgagor or cestuique trust shall vote; and not the trustee or mortgagee, unless he be in actual possession, or receipt of rents and profits. And by 2 Wil. IV. c. 45, s. 26, for his oun use. By the 20 Geo. III. c. 17, s. 12, husbands of women entitled to dower out of the estates of their former husbands may vote in respect thereof, although the said dower hath not been set out by metes and bounds; provided that the dower be worth 40s. a-year, and the husband be in actual receipt of the profits thereof. By 42 Geo. III. c. 116, s. 154, purchasers of land-tax are considered to be actually seised of a fee-farm rent, in amount equal to the redeemed land-tax, as purchased. By sect. 120, proof of the execution of any deed by the commissioners, parties thereto, shall be sufficient evidence that every thing required was duly done. |