the rents and profits by virtue of the agreement, seems to have an equitable freehold and to have a right to vote.* Joint Tenants, &c. Joint tenants and tenants in common of freehold estates and freehold interests, have a right to vote: they must however, each of them be assessed to the land tax, or only the one who is assessed can vote. But the 7 and 8 W. 3. c. 25. s. 7. has provided that no more than one voice shall be admitted for the same house or tenement. Sect. 4. H. C. 65. Vote of and tenants joint tenant in common, good. If two joint tenants agree to part their lands, and Tenants in hold them in severalty, they are no longer joint tenants; 2 Bl. Come severalty. for they have then no joint-interest in the whole, but 185. only a several interest respectively in the several parts, 193. and they may each vote for county members if their interest amounts to 40s. per annum. Clergy. Co. Litt.192 From the 12 Anne, taken with the prior act, (10 Ann. Clergy. c. 23.) it is clear that the legislature then considered the H. C. 77. right of voting in parsons and vicars coming to lands, rents, tithes, &c. by presentation to a benefice, to be clear and undisputed. Vid. post. Offices. The statute of H.6th, requires voters to have a qualification in "free lands or tenements to the value of forty shillings by the year." By the 18 G. 2. c. 18. s. 3. no person shall vote for the electing of a knight or knights of the shire," in respect or in right of any messuages, lands, or tenements," which have not been assessed to some aid, Such equitable purchaser would not be entitled to vote, unless he had been 12 months in possession, or in the receipt of the rents and profits of the same above 12 calendar months, and had been rated to the land tax six months before. 18 G. 2. c. 18, s. 5. Sect. 4. H. C. 43. granted by a land tax, twelve calendar months* next before such election. The word tenement, though in its Bl. Com. & vulgar acceptation it is applied to "houses and other buildings," yet in its original and proper legal sense, it signifies every thing that may be holden, provided it be of a permanent nature; whether it be of a substantial and sensible, or of an unsubstantial ideal kind. For an office bad, if no interest in Henry Collingwood Selby voted for the office of the clerk of the peace for Middlesex. "He was assessed for land annex- his office of clerk of the peace for the county of Middlesex, £.1200. per annum, £. 55.; the committee determined that H. C. Selby not having freehold interest in house or land in right of his office, is a bad vote. ed to it. 2 Peck. 92, 93. H. C. 43,44. rish clerks Persons holding offices in fee, or for life, whether they concern lan's or not, are said to have a freehold therein, and being duly rated to the land tax, are entitled to vote at the elections of knights of the shire. Schoolmasters and parish clerks generally hold their Schoolmas- places for life. Hence schoolmasters and parish clerks ters and pa- seised of land by virtue of their offices, are usually admitted to vote, and curates also if they enjoy perpetual curacies and derive their salary out of freehold land, have not curates, a good right to vote. See this subject more at large in chap. on electors, post. may vote in right of office, but unless li censed. H. C 80. Schoolmas ter must have the estate for life. Ibid. (n.) 18 G. 2. c. 101. s. 2. By the Bedfordshire committee, the masters of public schools were always presumed to have estates for life, unless the contrary appeared from the nature of their appointment. The stat. 18 G. 2. does not extend to any person who becomes en tid to lands "by promotion to an office * This term is reduced to 6 months in counties, by 20 G. 3. c. 17. s. 1. but twelve months still seem necessary in cities and towns being counties.—2 Peck. 63. 90. within twelve calendar months next before such election," where the predecessor has been rated within two years. Sect. 4. Sub register Chancery, vote bad. of Court of John Coppinger, sub-register of the court of chancery. This office has no land or salary arising from land attached to it, nor any house except for the business of the office. The emoluments entirely arise from fees paid by the suitors of the court. The counsel for the petitioner understanding the committee to have determined, that a seat connected with an office (the profits consisting of fees only) does not sufficiently give to the office the Middex. nature of real property, gave up this vote, and it was declared bad. 2 Peck.100. ing good good vote. ac. br. and Offi behaviour, Bac. Abri. Tit. Offices If an office be granted to a man to have and enjoy Office dur so long as he shall behave himself well in it; the grantee hath an estate of freehold in the office; for since nothing but his misbehaviour can determine his interest, no man can prefix a shorter time than his life, since it must be his own act, (which the law does not presume to foresee,) which only can make his estate of shorter continuance than his life. Assessments. No person can vote unless his freehold has been assessed "towards some aid granted or to be granted to his majesty, his heirs, or successors, by a land tax in Great Britain, six months before such election." cers, (H) 18 G. 2... 18. s. 3. 20 G. 3. c. 17. s. 1. 2 Peck. 63. 90. Sim. 62. The most obvious construction is, that the computation 3Doug.254. is to be from the day when the voter takes his oath and gives his vote. 20 G. 3. c. This act not to extend, with respect to rating and assessing, to annuities, or fee farm rents (duly registered) 17. s. 2. issuing out of lands rated or assessed as therein directed. * For further on this tit. see chap. on electors, post, 3d part. 2 Peck. 81, 87, 89, and 113. Sect. 4. When possessed by inarriage, &c. if as A person becoming entitled by descent, marriage, marriage settlement, devise or promotion to a benefice or office, within twelve months before such election, may vote, provided his qualification has been assessed to the sessed with- land tax, in the name of his predecessor, within two years before such election. in 2 years, good. 20 G. 3. c. 17. s. 2. 30 G. 3. c. 35. s. 1. Ibid. s. 2. If owner or tenant be on assessment, vote good. If mistake, original Any person (whose vote is not objectionable on other accounts) may vote, although the name of tenant is not inserted in the form prescribed by the statute.* He also vote if the tenant's name is in the assessmay ment and his own not. In the Middlesex case, 1804, the following rule was entered on their minutes, " that if either the name of the owner, as owner, or that of the occupier, as occupier of the freehold vote i for, appears rightly upon the assessment; that is, if either be right, though the other be wrong, such voter shall be deemed rightly assessed." Upon a suggestion that there was a clerical mistake in the duplicate left with the clerk of the peace, the Bedproduced. fordshire committee as before stated, allowed the assessor to produce the original rate to prove the mistake. rate to be H. C. 129. 2 Peck. 68. Where land and land Where the name in the original assessment and in the duplicate copy, differed, the committee determined to abide by that in which the name of the voter was rightly spelt. J. T.'s freehold consisted of land and houses. It was and houses, the custom of the parish to assess land only, and his land only assess- was neither worth, nor assessed at forty shillings a year, but with his houses it was of more value. His vote was H. C. 133. held good. ed, vote good. • For a form of assessment, vid. appendix, p. xxix. H. C. 134. William Paine, the owner of a freehold, was rejected, Sect. 4. because the assessment was of Jane Sloper, owner, and William Paine, tenant, he being so at the time of the 2d ed.p.210 assessment made.* H. C. 137. Two schoolmasters voted, each for land and tythe, Vote good. where the estate was assessed under the name of " charity land." J. R. was one of two joint-tenants of the freehold. In the assessment, the other was assessed as the proprietor of the estate for which J. R. voted. His vote was disallowed. Assessment in the name of one joint-tenant as occupier, bad. Where one joint tenant was assess ed as pro- Middx. 2. or as occu pier, bad. Ibid. It was determined, both in the Bedfordshire and H. C. 139. Cricklade cases, that if one joint-tenant is named in the rate, his vote shall be received; but he who is not rated, shall have no vote. holds lands they shall be distinct ly rated. The third section of 20 G. 3. c. 17. states, if any per- If occupier son or persons (renting or holding, or occupying any belonging messuages, tenements, &c.) shall hold lands, tenements, to different &c. belonging to different owners, "the same shall be persons, distinctly rated and assessed in such assessments, that the proportion of the land-tax to be paid by each separate owner or proprietor respectively, may be known and ascertained." These words evidently relate only to cases where the same tenant rents premises from different landlords, and then the property of each landlord shall be distinctly rated. I should conceive this to be by no means a general rule, for it might so happen that between the assessment and the election, he who, at the time of assessment, was in fact only the tenant, may, before the election, by descent, marriage, &c. become the owner and be qualified to vote as such owner, and his vote would unquestionably be good.-Ed. bid. 189. |