of value and how to be computed, 127, 128. What may be demanded of voter at the poll, 128, 187. Name, 129. Abode, 130. If in a town, the street, ib. Must declare to poll clerk for whom he votes, ib. Nature of freehold, 131. Vote for bridge share, 132. Share in new river company, 265. Fee farm rent, 132. Should describe sufficient at the poll, ib. Copyholders disqualified, 133, 202. Ancient demesne tenants,
133. Customary freeholds, good, 134. Must describe in whose occupation, ib. Variance in poll not material, if found similar, 137. Preferment in the church is a sufficient description, 138. "Tenement" sufficient, ib. 200. Queried votes, 140, 188. Trustee and mortgagee, 145, 188, 200, 250, 274. Twelvemonths in possession, 146, 189. Not necessary in boroughs, 201. How to be computed, 146, 189. If voter die, heir may vote again at the same election, 146. Vote by marriage, during election, good, ib. In right of possession, good, ib. Tenant in tail and good, ib. Tenant by courtesy, good, ib. In right of dower, good, 147. Exception, ib. Tenant for years, bad, ib. In reversion or remainder, good, ib. Equitable title, good, ib. 200. Joint tenant and tenant in common, good, 148. Tenants in severalty may be each good, 148. Clergy, good, ib. 269. Must be assessed to the land-tax, 149, 264. For offices arising out of land, vote good, 149. Schoolmasters and parish clerks, good, ib. 200, 273. Curates, ib. Subscripster of court of chancery, vote bad, 150. Personal disqualification of, 163, 246. Penalty, 247. May prosecute returning officer for improperly refusing a vote, 178, 227, n. Appen. lxxvii. For boroughs must be rated, 205, 288. Paupers, 289, 290, 291. Vote of corporator who had tendered his resignation but not accepted, good, 202. Of corporators unduly elected, bad, 202. Having refused to take the bribery oath not a disqualification if the person tender his vote again and is willing to take it, 113. Residence necessary, 210. Rights by tenure, by charter and popular rights, 289, 317. Last determination, 289. Vid. Voter, Freeholder, Alms.
Excommunication, 246. Escuage, what, 2, 10.
Expulsion by house of commons, 44. Consequence of it, incapa- citation, 45, n. To be followed up by a declaration, 46, n. Evidence, what, of assessment, 256. Parish books admitted where rate cannot be found, 205. What to prove conviction of voter, 347. Copies signed, 256. General rating of tenant, evidence till repelled, ib. Of true name on misnomer, 257. Of fraud in making the rates, 320. Of laud-tax redeemed, 166, 329. Of contract for, 160, 330.
Evidence what, of a freehold, 131, 360. Declaration of a free- holder admitted to destroy his vote, 162, 267. Presumed in favour of a freeholder, unless vote impeached, 268. Shewing him devisee of a term, impeaches and turns proof on him, 262.
Seller need not be proved seised, 268. Must apply the evidence to the objection given in, ib.
Evidence of bye law, what, 312. Against identity of voter lies on the objector, 204. Of right of freedom, 315. Where let in to construe a resolution, 324. Not to contradict it, 325. Old returns fallacious evidence, ib. Evidence of freehold in another hundred than that specified in the notice, rejected, 129. Where admitted to rectify poll book, 138. Evidence that voter sworn, though "jurat" omitted, misentry of parish, 139. To explain misentry of parish, ib. Voters cannot by evidence contradict poll book, ib. Whether agency must be proved before bribery, 354. Whether agent may prove he did not bribe, 355. Whe ther voter may prove he was bribed, ib. Vid. Felony, Bribery, Poll Books, Rates. Election, what, 100. When to commence, 25, 75, 92, 99. Where to be held, 25, 27, 75, 95. Cannot be moved but by statute, 27. At next county court, 25. Where county court adjourned, adjournment limited to sixteen days, 25. Notice of election, 26, 28, 75, 92, 94. Proceedings under 25 G. 3. c. 84. p. 26. Election in cities and boroughs, when to commence, 75, n. 92, 178, 211. On what notice, 75, 92, 94. To be presumed, 94. For what election avoided, 63, n. 82, 93, 103, 125, 336. Ac- cepting office, or refusing to take the oaths, 338. Void by agreement, 338. What will not avoid election, 68, 84, 100, 114. Freedom of election, 64, 115, 359. Undue interference at, 64, 79, 248. vid. Peers. By the view, 101, 103, 138. By ballot, 214, n. By the poll, 103. Of one member before the other, 176, n. 200. Nor narrowed by charter of incorporation, 316. To be extended rather than narrowed, 325. To be free, 359.
East Grinstead case, 288.
East Redford case, 309, 310.
Elgin case, 355.
Evesham case, 234.
Felony, persons convicted of, ineligible, 35. Qu. if they have had their clergy or been pardoned, 35 n. 44 n. ? Cannot vote, 244. Qu. if they have had their clergy or been pardoned 169, 245 n.? Conviction, vid. Evidence.
Fortescue, Sir J. his case, 36.
Finch, Sir Heneage, the first attorney-general suffered to sit as attorney-general, 38.
Fraudulent conveyances, 201. Extended to towns, ib.
Freehold, what, 260, 262. Situation of, 155. Value, 263. Mis- description of, 156. Partly in two counties, 157. Freeholds
split, 161, 191. not within it, 302. Freeholders, 187, 200. Where a year's possession sufficient to entitle to vote, 261. When title necessary, ib. What shall throw proof of freehold on voter, 262. Hospital men, 293. Joint tenants and tenants in common, dissenting ministers, 148, 272. Schoolmasters, 149. Parish clerks, ib. Curates, ib. 200. Equitable freeholds, 274, 277, 304. Mortgagor cestui que trust, ib. Where mortgagor has not 40 s. clear of interest, ib. Equitable purchaser, ib. 278. Where in possession with- out a legal conveyance, and without having paid consideration, 262, 279. As being purchasers of unredeemed land-tax, 328. See Electors. Freemen, honorary, what, 204, 308, 313. To be admitted on stamps, 314. When formal admission not necessary, 327. Must have been a year in possession, 203, 314. Does not extend to freemen on antecedent title, 203. Stamped any time before vote, 204, 211, 308, 314. Occasionality of, 295, 314. At Coventry, 308a, n.
Splitting act of W. 3. 286. Burgage tenures Equitable, 274, 278.
Fox v. High Bailiff of Westminster, 220.
Fee farm rent, 132, 260, 329, 330. Vid. Land-tax, Elector. Ford v. Compton, 279.
Fowell v. Heelis, 286.
Fowey case, 205 d.
Greenwich Hospital, office of treasurer of, will vacate seat, 49, n. Governors, &c. of Bank of England, eligible, ib. n.
Gloucestershire case, 259, 267, 281, 283, 290.
Glasgow case, 202a, 248.
Gatton return, 242, n.
Henry 2. his charters. I. H. 3. his indigence, 3. First summoned
parliaments, ib.
Huddleston's case, 36.
Helleston case, 309, 315.
Honiton case, 353.
Hindon case, 339, 354.
Hundreds, vid. Poll.
Hales case, 339.
Householder, what, 207, 319, 323. What the criterion, 207.
Hawkins v. Rex, 171.
Halesmere case, 294.
Horsham case, 287, 298, 300, n. 301, 305.
Harwich case, 309, 130, n. 185, n. 509.
Herefordshire case, 351.
Hastings; see Booths.
Haslope v. Thorne, 318.
John, (king,) his council not a parliament, 3. Who summoned to it, ib. Inhabitant, what, 201, 208, 317. Dunning's opinion, 319, n. 617. Differing from resiant, 319. How modified, 322. more places than one, 105, n.
Infants ineligible, 34. Cannot vote, 165, 242. ble, 34. Cannot vote, 165, 242.
Judges ineligible, why, 38. Welch judges, &c. eligible, ib. n. Master of the rolls not a judge, ib. Were clergymen, until the 26 H. 8. 38, 42.
Incapacitation by the house of commons, 44.
Ilchester case, 319, 338, 347, 352, 354. Indentures of election, 221, 231, 238. necessary, ib. Amendable, where, ib.
Sealed, ib. How far Where corporation seal
wanting, ib. Where indentures stolen, counterpart good, 223. Annexing them to writ, 224. Ipswich case, 347, 352, 356. Inspectors, 107, 183.
Justices at the police offices not to vote or interfere at elections, p. 52, 53, n. 67, 68, n. Undue interference. Vid. Peers, Offices, Ministers.
Joint tenant, 148. Cannot vote unless assessed in his own name, 152. And tenants in common, 269.
Kirkcudbright case, 55, 170, 336.
King, demise of, 20.
Last determination, 210, 249.
Lunatics ineligible, 34, n.
Longe's case, 339.
London, 104, n. 180, 182, 186, 189, 191, 217, 235, 292. Lawyers were excluded from counties, 7.
Land-tax redeemed, 166, 252, 328, 330.
Need not be registered, 260, 330. Must be if land out of which it issues be not assessed, 260. Purchased, 328. When stamp necessary on transfer, 330. Good without being assessed, 166. Evidence of contract, 160. Assessments, 110.
Leominster case, 60, 206.
Lanark, 66. Furguson's case, 67.
Legatee in possession, vote good, 274.
Members of parliament formerly paid, 6, n. About 300 in the reign of H. 6. 13. Since the union with Ireland number of members increased to 658, p. 13. Seven or three appointed by the speaker, in case of his death or absence, 23. Members who have taken their seats, ineligible for any other place till they have vacated their seats, 37, 47. But a person, elected for one place, may be elected for any other place if he have not taken his seat, ib. When to make their election for which place they will sit, 48. Persons abroad eligible, 41. Disqua- Îification by the house of commons, 44. Expulsion, 45 and n. 46, n. In the army or navy do not vacate on accepting new commissions, 49 and n. Becoming a bankrupt, disqualified, and vacates his seat, 55. Qualification, 59. How seat va- cated, 63, n. Committed for contempt, 85. Being appointed returning officer, does not vacate the seat, 97. Must not be appointed sheriffs, 57. Vacancy by peerage, 22. By death, ib. Vid. Candidate.
Morris v. Burdett, 30, 95, 197, 177, 183. Appen. li. lxi.
Morris v. Cullen, 32, 178, 205. Appen. lxxvii.
Modus tenendi parliamentum, spurious, 3.
Master of the rolls eligible, why, 38. His jurisdiction; was a clergyman until 26 H. 8. p. 38, 42.
Masters in chancery summoned to house of lords, 39. As assist- ants, ib. Now only attendants, 40. Eligible to the house of
Ministers and servants under the crown, not to interfere at elec- tions, 248. Dissenting, may vote, 272.
Mortgagee need not be seven years in possession, to vote, 145, 274. Must be to sit in parliament, 145 n.
Mortgagor in possession to vote, 145, 274. Occasionality, 296. See Freeholder.
Madmen ineligible, 34. Cannot vote, 165, 213. Except at lucid intervals, 165.
Middlesex case, 106, 32, n. 260, 264, 269, 272, 277, 351. Moravians may vote, 168, 244. Must affirm, 114.
« 이전계속 » |