The 25 G. 3. c. 84, affects boroughs and towns. Sect. 2. H. C. 389 Oath, Ap The oath to be administered if required by any candi- 90. date, or any voter; as to the administration of unnecessary oaths, vid. ante, p. 183. pen. xxxiii. 1 Jour. 708. tration of Cirencester, 21st May, 1624. An oath was administered Glanv. 104, to every elector to declare whether he was a freeholder, 106, 109. before his voice was admitted. It was resolved, that the Adminis administering an oath to the freeholders in a borough, was an unlawful act, for that "such an oath is only to be given in the county court, by the statute, in case of choosing knights for the shire, and not in case of choosing burgesses within a borough.' "* It was, however, resolved, "That the swearing of the freeholders, and polling of them, however the same might reflect upon the under sheriff or others, in point of misdemeanor; yet the same did not, nor could, make void the election of Sir William Masters, (whose election was in question,) if otherwise he had a substantial and good election;" and he was holden duly elected. oaths not expressly required by law, illegal. Roe, 632. Ante.p.184. Bristol case. Glanv. 109. not But elec thereby avoided. This act was At elections for Westminster, the bailiff, or his deputy, 51 G. 3. c. in case of a poll being demanded by any of the candi- 126. s. 1. dates, or two or more electors, shall appoint poll clerks not exceeding twenty-six in number, at the expence of the candidates. The bailiff shall also make out a list of the several parishes, &c. not exceeding eleven in number, into which the booths shall be apportioned; and deliver copies to candidates or agents desiring the same, at 2 s. each. * See also Yorkshire, 4th and 5th July, 1625, 1 Journ. 801, 803, 804, and Dorsetshire, 11th February, 1625, in each of which the administration of oaths, not expressly enacted by law, at elections, was deemed an unwarrantable act. 1 Journ. 818. by 53 G. 3. 152. con tinued till 1st Jan. 1819. Sect. 3. Vid. ante, p. 126. Appen. xxxiii, Vid. ante, p. 129-30. 2 Peck. 56. SECT. 3. Riots, &c.. Vid. Counties, p. 114. SECT. 4. Of Electors. WHAT has been said in the 1st chap. with respect to the description which voters may be required to give when they tender their votes, does not extend beyond the case of elections for knights of shires, or of elections for cities, &c. being counties, and where the right of voting is of the same nature. According to the oaths which may be required of electors, by the 25 G. 3. c. 84. the name, the addition, the profession or trade, the place of abode of the voter, for whom he votes, and that he has not voted before at the election, is all that can be demanded of him at the poll, and should be accurately given. It does not appear that the 18 G. 2. c. 18. which regulates the elections for counties, or the 19 G. 2. c. 28. which requires a certain oath to be taken by 40s. freeholders in cities and towns being counties of themselves, do either of them extend to boroughs and towns; but where the right of election is in the freeholders, the voter must satisfy the returning officer, at the time he tenders his vote, that he possesses the necessary qualification, although the freeholders' oath cannot be demanded of him, and would be illegal if administered. As to the name and place of abode of the voter, the same description may be required as in counties. March 17th. J. W. Vaughan described his residence, "Princes-street;" it appeared that he carried on his business in Princes-street, but that he slept in Orange Court, where his freehold was, and where another person lived as a lodger. The committee decided the vote to be bad. The subject of this section may be divided into four classes, viz. :— Sect. 4, OF ELECTORS AS FREEHOLDERS. It has been decided that no agreements of the candi Right of dates, or other persons, can alter the right of election. Before the statute of 8 H. 6. c. 7. was passed, there was no limitation in the annual value of the freeholds which were to entitle their owners to vote; that statute respects counties only; 13 G. 2. c. 20. respects towns being counties; and the 10 Ann. c. 23. and the 12 Ann. c. 5, are confined to counties; so that the freeholds in boroughs and towns, as to value, are left as at common law. With respect to voters as trustees and mortgagees, vid. ante, p. 145. election cannot be altered by consent. Value. Persons may vote in right of freehold however small. H. B. 390 92. Tenement. Where a person of the name of Meade described his 2 Peck. 55. freehold as a "tenement;" the committee resolved to take the description in its more familiar sense, as a house, and held the description to be sufficient. So in the case of Edward Taylor, who described his freehold as "part of a messuage;" it appeared that he was a joint tenant, and the vote was declared good. As to freehold interest, equitable title, clergy and offices, the same as in counties, vid. ante, 147, 148. Ibid. Part of messuage. Sect. 4. Possession. With respect to freeholders entitled to vote at elections in cities and boroughs, not being counties, there is no limitation imposed; but they may vote in right of H. B. 406. freeholds conveyed to them at any time, however short, before the election, provided their conveyances are made bonâ fide, and not fraudulently, on purpose to qualify them to vote. H. B. 408. H. B. 398. See coun Assessment. The 18 G. 2. c. 18. extends only to "elections of knights of the shire," and 20 G. 3. c. 17. to "county elections." Both regulating assessments. By the 30 G. 3. c. 35. the electors of Cricklade may vote in right of their freeholds, if they have been assessed to the land-tax within six months next before such election; * or if the same have been so assessed within two years next before the election, provided they have come to them by descent, marriage, &c. within the 12 months next before such election. Mr. Serjeant Heywood has noticed these acts, as they affect cities being counties, but not boroughs merely. Splitting Votes. The provisions made against fraudulent and occasional votes for counties, apply, in general, to votes for boroughs sect. 4. p. also. ties. 161. 1. Peck. 2. 310. Where an elector votes as a freeholder, he may be required to produce his title deeds as in county elections. Vid. ante, 162. and note. * As to the title which the purchasers of unredeemed land-tax have to vote at elections for boroughs, vid. post, chap. on electors, 3d part. Annuities. It is to be observed that the 3 G. 3. c. 24. which regulates votes in right of annuities, is an act to prevent fraudulent votes in "elections of knights of the shire, and of members for cities and towns, which are counties of themselves." And the enacting part includes voters "for electing members for such cities and towns," but does not extend to boroughs or towns, not being counties of themselves. For matters which may affect the freeholders generally, see under counties, sect. 4. As to votes of burgage-holders, see post, chap. on electors, 3d part. Copyholders. Sect. 4. The only borough in which common copyholders H. C. 413. present themselves as enjoying the elective franchise, is Cricklade. Leaseholders. xlix. At Corff Castle, tenants for years, determinable on H. B. 411. any life or lives; at Cricklade,* leaseholders for any term Appen. No. not less than three years, or for any such term, or greater term determinable on life or lives; at Lugershall, such persons as have any estate of leasehold determinable on life or lives within the borough, have a right to vote. CORPORATORS AND FREEMEN. The corporate right of election is comparatively H. B. 61. modern. By the common law, all elections of corporate officers, depend on the legality of the election, of the presiding officer: he must not only be in possession of the office defacto, but he must be entitled to hold it dejure. • In 1782 the constitution of this borough was entirely altered by act of parliament. Vid. Appendix. p. ciii. |