Sect. 4. 1 Peck. 310. 374-5. For annuities granted before 1763 certificates must be en tered 12 months before election. If by right of marriage, from the voter, and had not restored them till after the election. See also Heywood's observations on the Downton case, post. 364. Annuities. No person to vote in respect of any annuity or rent charge,* issuing out of freehold lands or tenements, (granted before 1st June, 1763,) unless a certificate, upon oath, shall have been entered with the clerk of the peace, twelve calendar months before the first day of the election. The form of the certificate set out, 3 G. 3. c. 24. s. 1. If the annuity or rent-charge shall come to the voter, &c. within. "by descent, marriage, marriage-settlement, or devise, or 12 months, presentation to a benefice, or promotion to an office, within twelve calendar months next before such election certificate must be en tered before 1st day of election. 3 G. 3. c. 24. s. 2. H. C. 155. Aliens can not vote. respectively," the certificate (of which a form is given) must be entered with the clerk of the peace before the first day of such election.+ Mr. Luders has observed, that the regulations of this act (3 G. 3. c. 24.) do not seem to have been intended for annuities annexed to offices; therefore an annuity in lieu of tythes need not to be registered. Personal Disqualification of Electors. The common law considers an alien as incapacitated to vote, not merely because he cannot hold the requisite qualification in land, but because he labours under a personal incapacity; in eonsequence, an alien cannot be elected or appointed to any public office whatever; nor can he vote at any election of members to serve in parliament, whether the right of election be vested in the * The registration of the annuity and assessment of the land must be proved by the party supporting the vote.-2 Peck. 81, 85. † Vid further on this stat. chap. on electors, post. tit. annuities. owners of land, in persons locally resident within a certain district, or in any other classes of voters. Sect. 4. H. C. 157. but cannot An alien born, who has obtained, ex-donatione regis, Denizen letters patent to make him a British subject, is termed may vote, a denizen. He may take lands by devise or purchase, sit in parbut not by inheritance; and may vote (when qualified HC. 158. in other respects) at the election of members to serve in parliament. liament. have been an alien, he 28th May. Anthony Barbre. Objection, "alien." If voter be The chief clerk of the alien office produced the returns proved to made by the aliens at the different police offices, under the alien act. This was admitted to be sufficient evidence of his being at that time a foreigner; and no proof being given that he had since been naturalized, his vote was declared bad. must show that he has been natuentitle him ralized to to vote. act of par Naturalization cannot be performed but by act of Must be by parliament; for by this an alien is put in exactly the same liament. state as if he had been born in the king's allegiance, except that he cannot sit in parliament. 1 Bl. Com. 374. 12 & 13 W. 3. c. 2., Vid. antc p. 35. Every foreign seaman is, by the 13 G. 2. c. 3. naturalized ipso facto, who, in time of war, serves two years on H. C. 159. board an English ship, by virtue of the king's proclamation; and all foreign protestants and jews residing seven years in any of the American colonies, without being absent two months at a time; and all foreign protestants serving two years in a military capacity there, or, being three years employed in the whale fishery, without afterwards absenting themselves from the king's dominions for more than one year, (except those disabled by the 4 G. 2. c. 21.) shall be, upon taking the oaths of allegiance and abjuration, (or, in some cases, making an affirmation to the same effect,) naturalized, and privileged to vote.* If the voter cannot understand the oaths in English, it seems they should be administered in a language which he does understand. H. C, 300 vid. ante, p. 113. Sect. 4. H. C. 160. Persons un Women cannot vote at elections. No person under the age of one and twenty years, der 21 can- shall be admitted to give his voice for election of any member to serve in parliament. not vote. 7 & 8 W.3. c. 25. s. 8. No ideot or madman. An idiot is one who is a fool or madman from his naH.C. 164-5. tivity, and never has any lucid intervals. And though no inquisition should issue, the candidates or sheriffs always have the power of excluding him, by insisting upon his complying with the legal requisites, and tendering him the oaths when he comes to vote. But at lucid intervals they may vote. Ibid. Com. Dig. Ideot, (D. 3.) H. C. 167. Parish re A lunatic is a person who is sometimes of good and sound memory and understanding. The best protection perhaps of the sheriff against mistakes in the admission or rejection of the votes of lunatics as well as ideots, is to be strict with persons suspected to be such, as to taking the oaths, declaring for whom he votes, &c. If a lunatic becomes of sane memory, he may after. wards make a feoffment, &c. and may vote, if he be of sufficiently sound mind to understand what he is about, as to which the returning officer must exercise his judgment, and must take the consequence if he improperly admit or refuse the vote. Mr. Serjeant Heywood expresses a doubt, whether receiving parish relief be a disqualification, and mentions it as a question still undetermined.* Robert Strange having, within twelve months before lief disqua- the election, received parish relief, was thereby disquali lifies. 2 Lud. 567. fied from voting. On this point the authorities seem to differ; Mr. Simeon considers it a disqualification only in cities and boroughs. Vid post chap. on electors, where the subject is more fully discussed, p. 295. Ed. Sect. 4. Jeremiah Hearsom. He was attended while sick, by the parish apothecary, by the order of the parish officers if at voter's upon the application of the voter. His vote was held bad. Isaac Hazel. He had met with an accident, and upon the application of a principal inhabitant, was attended by the apothecary for the poor of the parish, gratis. His vote was held good.* April 14th, Phillip Harrison. In the assessment, the entry was "Phillip Harrison, poor." The voter was a day labourer, and had for several years been the owner of two small freehold cottages; the land tax had never been collected from him. His vote was allowed. It should seem that where the wife of the voter has received relief from the parish for the use of her husband or his family, it will affect him exactly as if he had received it with his own hand; but doubted, if they live separate. The committee on the last Wootton Basset case, 1819, decided that the receipt of parish relief by the wife, who lived separate from her husband, did not take away his vote. request. 1 Peck. 508. but not if at the request bitant. of an inha 1 Peck. 508. 2 Peck. 117. Vid also 1 Peck. 506-7-8. H. C. 73. edit. tend to fa In the Cricklade committee (1785,) it was resolved, Not to ex"that those persons who submitted themselves, or their families, to be inoculated in the year 1783, by the invitation of the parishes of Cricklade, and received relief in consequence of such inoculation, were not thereby disqualified from voting at the last election." Any parish relief which shall be given to the family of any militia-man during the time of actual service, shall not deprive such militia-man from voting for the election of any member to serve in parliament. From the preceding cases it will appear that the vote of a person having received medical aid from the parish, will be considered as good or bad, according to the source from whence the application for such relief came, viz. whether it was made by the voter or some other person for him. But it seems now pretty clearly understood that the receipt of parish relief does not disqualify a voter at county elections. Vid post tit. electors, pp. 290, 295. Ed. culated at charge. 18 G. 3. c. 59. s. 25. Sect. 4. Definition of charity. Н С. 175. 1 Peck. 510. 1 Doug. 370. H. C. 176. Annual gifts do not disqualify. H. C. 177. H. C. 177. Within a year before election. 'Charity," in the laws of parliament, has been defined to mean any sum of money or other emolument arising from certain specific funds, appropriated to the assistance of persons in mean or poor circumstances. Charity donations, by will, annually distributed, do not disqualify. It was agreed on both sides, that neither alms nor charity, disqualify at an election in Taunton, unless they have been received within a year before the election. It has been resolved, " that the sharing in a charitable gift appointed to be distributed at Christmas, is a taking of alms," and disqualifies. The petitioner (1708,) proceeded to disqualify votes, on account of their receiving Sir T. W.'s gift, (which is a gift of forty shillings annually to each of the objects of the charity;) and the question being put in the house that they were disabled by receiving it, it passed in the negative. A similar determination, where the gift was similar, was decided in the same way in 1711, not to disqualify. Some line must be drawn, and that line by the established custom of parliament, seems to be one year before H. C. 182. the election; unless in particular cases, where, either by special usage or determination of the house, or an act of parliament, some other rule is laid down. Sacrament money does not disqua A motion was made and the question put in general terms, "that the receiving of sacrament money, does dislify, 1746. qualify persons to vote in elections of members to serve in parliament," and it passed in the negative, nem. con. H. C. 186. Money to buy bread Where the charity was £. 14. per annum, issuing out of land, to purchase shirts, &c. for poor men; and another |