8 Hen. 6, c. 7. 8 Hen. 6, c. 7. What Sort of Men shall be Choosers, and who shall be chosen Knights of the Parliament.

[A.D. 1429.

Also, whereas the elections of knights of shires chosen to come to the Parliaments of our lord the King, in many counties of England, have now of late been made by very great outragious and excessive number of people dwelling within the same counties of the realm of England, of the which most part was by people of small substance, or of no value, whereof every of them pretended to have a voice equivalent, as to making such elections, with the most worthy knights and esquires dwelling within the same counties, whereby manslaughters, riots, batteries, and divisions among the gentlemen, and other people of the same counties, shall very likely rise and be, unless convenient and due remedy be provided in this behalf: our lord the King, considering the premises, hath provided, ordained, and established, by authority of this pre-ent Parliament, That the knights of the shires to be chosen within the realm of shillin s a year England to come to the Parliaments of our lord the King hereafter to be holden, shall be chosen in every county of the realm of England, by people dwelling and resident in the same counties, whereof every one of them shall have free land or tenement to the value of forty shillings by the year at the least above all charges; and that they which shall be so chosen shall be dwelling and resident within the same counties.

Electors shall have forty

freehold.

Provided always, that he which cannot expend forty shillings by year, as afore is said, shall in no wise be chooser of the knights for the Parliament.

Prior to this enactment, the qualification to elect appears, under 7 Hen. 4, 8 Hen. 6, c. 7. c. 15 (repealed impliedly by this enactment, and expressly by the Ballot Act, 1872), to have been possessed by all present at the county court, "as well suitors, as others," summoned by proclamation.

This enactment (here printed with omission of words repealed by Ballot Act, 1872) up to 1832 remained the principal qualification Act for counties, the Act of 1832 being the first to give the occupation franchise for counties. It applies to freeholds only, which term includes both freeholds for the life of the holder and freeholds for the life of another, and also rent-charges.

Amendments of Law.] Qualification by ownership for life or lives restricted to occupiers by s. 18 of Act of 1832, p. 13. Six months' possession required by s. 26 of Act of 1832, p. 16. Registration required by Act of 1843, p. 74. Receipt of parochial relief a disqualification by s. 40 of Act of 1867, p. 43. Qualification by rent-charges and double ownership restricted by 8. 4 of the Act of 1884, p. 60.

By people.] Women are disqualified at common law, and cannot vote for counties under this statute, any more than they can for boroughs under s. 3 of the Act of 1867, p. 35: Chorlton v. Kessler, L. R. 4 C. P. 397.

Dwelling and Resident.] So much as relates to the residence of persons to be elected members, or of the persons by whom they are to be chosen, is repealed by 14 Geo. 3, c. 58, which latter statute is itself repealed by the Statute Law Revision Act, 1871, but not (see 13 & 14 Vict. c. 21, s. 5) so as to revive the portion of this Act repealed thereby.

Free Land or Tenement] These words include a rent-charge: Dodds v. Thompson, L. R. 1 C. P. 133; 35 L. J. C. P. 97, although there be no power to distrain for it (b.), and although there may be a power to distrain which is nugatory: Dawson v. Robbins, 2 C. P. D. 38; 46 L. J. C. P. 62; but a rent-charge below £5 granted by a tenant for life is not within the exceptions of the amending s. 18 of the Act of 1832 as amended by s. 5 of the Act of 1867, and therefore such a rent-charge does not confer a vote: Druitt v. Christ Church Overseers, 12 Q. B. D. 365; 35 L. J. Q. B. 144; 32 W. R. 371; 1 Colt. 328. The words clearly include ecclesiastical freeholds, and even a perpetual curacy: Wallis v. Birks, L. R. 5 C. P. 222, has been held to give at least an equitable freehold; but the words do not include the interest of an incumbent in a fixed sum paid by the ecclesiastical commissioners: Kirton v. Dear, L. R. 5 C. P. 217; 39 L. J. C. P. 36; 22 L. T. 268; H. & C. 349; nor that of the "six preachers" of Canterbury Cathedral: Hall v. Lewis, 4 C. B. (N.S.) 106; nor that of a parish clerk in respect of his fees for opening graves: Bushell v. Eastes, 11 C. B. (N.S.) 106; nor a right to sit in a pew: Hinde v. Chorlton, L. R. 2 C. P. 104; Brumfitt v. Roberts, L. R. 5 C. P. 224; 39 L. J. C. P. 95; or a right to shares in a bridge: Wadmore v. Dear, L. R. 7 C. P. 212; or the profits of an ordinary joint stock company: Bulmer v. Norris, 30 L. J. C. P. 25.

In Philips v. Salmon (L. R. 3 C. P. 97) it was held that the occupant of an apportioned plot of the waste of a manor had a sufficient freehold interest. Value.] This means what the land may, not necessarily only what it does, produce: Astbury v. Henderson, 15 C. B. 251; 24 L. J. C. P. 20.

Forty Shillings.] This may be made up by several parcels each below the forty shillings: Wood v. Hopper, 1 C. P. D. 192; 45 L. J. C. P. 108.

Above all charges.] Not including public taxes (18 Geo. 2, c. 18, s. 6, p. 7, post), nor payments redounding to the permanent benefit of the owner: Rolleston v. Cope, L. R. 6 C. P. at p. 301, as outlay for laying on water: Buckley v. Wrigley, L. R. 7 C. P. 185; but including expenses of collecting rents: Hamilton v. Boss, 22 L. J. C. P. 29; 12 C. B. 631; Sherlock v. Steward, 29 L. J. C. P. 87; 7 C. B. (N.S.) 21, and ordinary repairs: Buckley v. Wrigley, supra; also water rates and local rates: Moorhouse v. Gilbertson, 23 L. J. Č. P. 19; 14 C. B. 70; and generally all annual charges necessarily incurred in realising the rent if the freehold be let, and all mortgage interest although the mortgage secure principal only: Lee v. Hutchinson, 8 C. B. 18, but not pay

8 Hen. 6, c. 7. Forty-shilling freeholders.

10 Hen. 6, c. 2.

Electors shall have forty shillings a year within the same county.

7 & 8 Will. 3, c. 25.

Trust and mortgaged estates.

Conveyances to multiply voices void.

ments made in reduction of the principal: Rolleston v. Cope, L. R. 6 C. P. 292; 40 L. J. C. P. 160; 24 L. T. 930; 19 W. R. 927; 1 H. & C. 488, where see the cases reviewed.

As to equitable estates, see s. 74 of the Act of 1843 and notes, p. 30, in which Steele v. Bosworth, 34 L. J. C. P. 57, and other cases as to the rights of the inmates of hospitals are treated.

10 Hen. 6, c. 2.

Also [Recital of Stat., 8 Hen. 6, c. 7, supra], whereas not making express mention in the same, that every man that should be chooser of any such knights, should have freehold to the value of forty shillings at the least, above all charges, within the same county, where such chooser with other like shall make such election, or elsewhere: And therefore our lord the King, willing to make full declaration of the said statute, with the advice and assent as aforesaid, and at the special request of the said Commons, hath ordained, That the knights of all counties within the said realm, to be chosen to come to Parliaments to be hereafter holden, shall be chosen in every county by people dwelling and resiant in the same, whereof every man shall have freehold to the value of forty shillings by the year at the least, above all charges, within the same county where any such chooser will meddle of any such election.

Words in italics repealed by 14 Geo. 3, c. 58. See note to 8 Hen. 6, c. 7, p. 3.

7 & 8 Will. 3, c. 25.

[For sections of this Act as to the writ, sec Part V., "The Election."]

6. And be it also enacted, That no person or persons shall be allowed to have any vote in election of members to serve in Parliament, for cr by reason of any trust, estate, or mortgage, unless such trustee or mortgagee be in actual possession or receipt of the rents and profits of the same estate; but that the mortgagor, or cestui que trust, in possession, shall and may vote for the same estate, notwithstanding such mortgage or trust; and that all conveyances of any messuages, lands, tenements, or hereditaments, in any county, city, borough, town corporate, port, or place, in order to multiply voices, or to split and divide the interest in any houses or lands among several persons, to enable them to vote at elections of members to serve in Parliament, are hereby declared to be void and of none effect, and that no more than one single voice shall be admitted for one and the same house or tenement.

The words in italics are expressly repealed by the Statute Law Revision Act, 1867, these provisions having been superseded by those of s. 74 of the Act of 1843. See that section and note, p. 30, post.

Conveyance to multiply voices.] The conveyance is void only if the vendor be privy to the object: Marshall v. Brown, 7 M. & G. 188, and even the privity of the vendor's solicitor does not avoid it, if the vendor himself be not privy: Hoyland v. Bremner, 2 C. B. 84; 15 L. J. C. P. 133. Moreover, conveyances for bonâ fide consideration: Thorniley v. Aspland, 2 C. B.

c. 25.

160; or for the consideration only of natural love and affection: Newton 7 & 8 Will. 3, v. Hargreaves, 2 C. B. 163, are good, although the avowed object of both parties be to create votes: Newton v. Crowley Overseers, 2 C. B. 207; Riley v. Crossley, 2 C. B. 146; 15 L. J. C. P. 144. It is only fraudulent and collusive conveyances (see 10 Anne c. 23, infra), reserving a trust for the grantors which are bad: Riley v. Crossley, supra, and the question whether there was fraud or not so as to avoid the vote is one of fact for the revising barrister: Newton Overseers v. Mobberley, 2 C. B. 203; 15 L. J. C. P. 154. The fraudulent conveyance is bad only to the extent of avoiding the vote, and operates to pass a legal interest from the grantor to the grantee: Philpotts v. Philpotts, 10 C. B. 85; 20 L. J. C. P. 11. The enactment must be read with 10 Anne, c. 23, infra, and see further 53 Geo. 3, c. 49.

No more than one voice.] See as to joint qualifications, Act of 1832, s. 29, p. 19; Act of 1843, s. 73, p. 30; and Act of 1884, s. 4, and note, p. 160.

7. And be it further enacted, That no person whatsoever, None under being under the age of one and twenty years, shall at any time twenty-one hereafter be admitted to give his voice for election of any years to vote. member or members to serve in this present, or any future Parliament; and that no person hereafter shall be capable of being elected a member to serve in this or any future Parliament, who is not of the age of one and twenty years; and every election or return of any person under that age is hereby declared to be null and void; and if any such minor hereafter Penalty. chosen shall presume to sit or vote in Parliament, he shall incur such penalties and forfeitures, as if he had presumed to sit and vote in Parliament without being chosen or returned.

This section, in so far as it disqualifies infants from voting, is declaratory of the common law: Heywood, 258, citing 4 Inst. 5. See also s. 3 of the Act of 1867, and note thereto, p. 36.

10 Anne, c. 23. [C. 31, in Revised Statutes.] An Act 10 Anne, c. 23. for the more effectual preventing fraudulent Con

veyances, in or ler to multiply Votes for electing Knights

of Shires to serve in Parliament.

[A.D. 1711.

Whereas by an Act of Parliament made in the seventh year Recital of of the reign of his late majesty King William the Third, 7 & 8 Will 3, intituled, "An Act for the further regulating Elections of c. 25, s. 7. Members to serve in Parliament, and for the preventing irregular Proceedings of Sheriffs and other Officers in the Electing and Returning such Members," it is, amongst other things, enacted, That all conveyances of any messuages, lands, tenements, or hereditaments, in any county, city, borough, town corporate, port or place, in order to multiply voices, or to split and divide the interest in any houses or lands amongst several persons, to enable them to vote at elections of members to serve in Parlia. ment, shall be void and of none effect; and that no more than one single voice shall be admitted for one and the same house and tenement: And whereas (notwithstanding this provision to the contrary) many fraudulent and scandalous practices have been used of late to create and multiply votes at the clection of

10 Anne, c. 23. Faggot-votes.

Fraudulent

conveyances to qualify for

vote void.

Bonds, &c., void.

Making, &c., such conveyance or voting by colour thereof.

Penalty.

or

knights of the shire to serve in Parliament, to the great abuse of the ancient law and custom of that part of Great Britain called England, to the great injury of those persons who have just right to elect, and in prejudice of the freedom of such elections: Therefore, for the more effectual preventing of such undue practices, be it enacted, That all estates and conveyances whatsoever made to any person or persons in any fraudulent collusive manner, on purpose to qualify him or them to give his or their vote or votes at such elections of knights of the shire (subject nevertheless to conditions or agreements to defeat or determine such estate, or to reconvey the same) shall be deemed and taken, against those persons who executed the same, as free and absolute, and be holden and enjoyed by all and every such person or persons to whom such conveyance shall be made, as aforesaid, freely and absolutely acquitted, exonerated and discharged, of and from all manner of trust, conditions, clauses of re-entry, powers of revocation, provisoes of redemption, or other defeazances whatsoever, between or with the said parties, or any other person or persons in trust for them; and that all bonds, covenants, collateral or other securities, contracts or agreements, between or with the said parties, or any other person or persons in trust for them or any of them, for the redeeming, revoking, or defeating such estate or estates, or for the restoring or re-conveying thereof, or any part thereof, to any person or persons who made or executed such conveyance, or to any other person or persons in trust for them, or any of them, shall be null and void to all intents and purposes whatsoever; and that every person who shall make and execute such conveyance or conveyances, as aforesaid, or being privy to such purpose, shall devise or prepare the same, and every person who, by colour thereof, shall give any vote at any election of any knight or knights of a shire to serve in Parliament, shall, for every such conveyance so made, or vote s created or given, forfeit the sum of forty pounds to any person who shall sue for the same, to be recovered, together with full costs of suit, by action of debt, bill, plaint or information, in any of her Majesty's Courts of Record at Westminster; wherein no essoin, privilege, protection, wager of law, or more than one imparlance shall be admitted or allowed.

18 Geo. 2, c. 18. 18 Geo. 2, c. 18. An Act to explain and amend the Laws touching the Elections of Knights of the Shire to serve

in Parliament for that part of Great Britain called England.

5. And be it further enacted by the authority aforesaid, that from and after the said twenty-fourth day of June, one thousand seven hundred and forty-five, no person shall vote in any such election, without having a freehold estate in the county for