what. 60. exercifed, has been ftated before. The right Inhabitants, of voting by "inhabitants," in the full and general meaning of the word " inhabitant," does not exist. Lord Coke comprehends within the 6 Co. Rep. fo. word inhabitant" every dweller, though he fhould have but a perfonal refidence, as fervants, inmates, apprentices, unless specially restrained by the context, as in the ftatute of 22 H. 8. concerning the reparation of bridges. The expreffion, therefore, of Inhabitants, is ufually modified and reftrained to mean perfons paying "fcot and lot," that is, to the parifh rates, or to "houfholders;" and frequently both are added. Where the right is in L 2 Inft. 703. Vid. 3 Dougl Ca. 81. 86. 141. 1b. 18. and the inhabitants paying fcot and lot," by the ordinary rule the party must be both rated and pay, to be entitled to vote. Sometimes "in- Lud. 464. babitants" are explained to be" boufholders. legally fettled," as in the Ilchefter cafe, in Glanville, who (as we have before feen) lays Glanv. 107. it down that the common law right of election is in inhabitants houfholders refiants within the borough, from whence, as well as from the words used in the Winchelfea cafe, it is plain, that Inhabitant and Refiant are not fynonimous terms. In the recital of the 26th G. 3. c. 100. they are plainly diflinguifhed. By special custom indeed, perfons rateable only, and not rated, may have a right to vote; and there is also an instance of owners of property rated, and paying, though not occupiers, who have been determined entitled to the right Dorchester Cafe, of voting; for though the rate, by the ftatute, is Pomfret Cafe, I Dougl. 381. Newark Ca. 1699. 1700. 11 Jan. I Dougl. 345. is directed to be made upon occupiers and inhabitants, yet if the party himself does not complain, but pays, and the ufage of the place annexes the right of voting to fuch charge, it is fufficient to establish the iffue before the committee, which is, Whether the voter has or has not the right of voting. And fuch right is beft proved by usage. These two laft cafes must be confidered as ftanding upon particular usage, and no general conclufions can be drawn from them. By the 26 G. 3. No perfon fhall vote as an inhabitant paying fcot and lot, or as an inhabitant houfholder, housekeeper, and potwaller, or as an inhabitant houfholder refiant, or as an inhabitant of a city or borough, unless he shall have been actually and bona fide an inhabitant paying fcot and lot, or an inhabitant housholder, housekeeper, and potwaller legally fettled, or an inhabitant housholder, housekeeper, and potwaller, or an inhabitant houfholder refiant, or an inhabitant within fuch city or borough fix calendar months previous to the day of the election, at which he fhall tender his vote; and fuch vote, if given, shall be deemed null and void, and he fhall forfeit twenty pounds to any one who will fue for the fame. There is an exprefs exception of perfons acquiring poffeffion of any house by defcent, devife, marriage, marriage-fettlement, or promotion to any office or benefice, and a further exception of all perfons claiming to vote under any other right than those enumerated in the act. Το Where vote; though voter rated and paid. I Ca. St. Ive's Ca. To the rule above laid down, that a perfon to be entitled to vote as an inhabitant paying fcot and lot, muft be legally rated, and pay to the poor rates, under the 43 Eliz. there are feveral exceptions. Thus, where two rates were made by two fets of overfeers, appointed and confirmed by different juftices in oppofite interefts, with a view to the election, the committee went into a difcuffion of the rateability of the perfons inferted in fuch respective rates. For though the committee might think none of them rated de jure, yet if they were rated de facto, and appeared to be rateable, it would have been unequitable they fhould have loft their right through any default in the appointment of overseers. So where there is any frau- 2 Dougl. 296. dulent practice, or criminal partiality in the overseers in making the rate, by defignedly omitting or inferting perfons in the rate who were not rateable, with a party view, though the rate, in ftrictnefs of law, may be a good 17 G. 2. c. 3. one, not having been appealed against at the next general quarter feffions of the peace, yet the committee, as it fhould feem, by the queftion put to the counsel for the petitioners in the St. Ive's cafe, will look into the fairness of the transaction, in difcuffing the right of yoting, and determine fuch right in their equitable as well as legal capacity. In the 3 Dougl. 19. Seaford cafe the committee went into evidence of rateability, though there was fufficient time to have appealed to the next quarter feffions. But there the committee might think a ground of Seaford Ca. Peterbor. Ca. N. Berwick of fufficient mifconduct was laid against the overfeers, as in the St. Ive's cafe. From the whole of the Peterborough cafe, taken together, it appears, the committee refused to go into evidence of rateability, though they refolved, that any evidence might be given to fhew mifconduct relative to that rate. The inference from that cafe seems to be, that fome overt act of fraud in the overfeers must be proved previous to, and as a foundation for, examining the rateability of a voter. If there be no time for an appeal (as it should seem), or if the rate has been appealed against, and before the appeal be determined the election happens, as in the North Berwick cafe, the committee will go into the question of rateability, will prefume every perfon rateable. who is actually rated, and there is no appeal, and will not go into the question of rateability. In this refpect, they regulate themselves not only by ftrict law, and according to the rules Rex. Weobly, of the court of King's Bench, which never will confider an objection to a rate, after it has remained unappealed from at the quarter feffions, but also according to the found rules of policy. For there would be no end of enquiring into the circumftances of perfons rated, where the officers appointed by law, whose characters are unimpeached, have held them capable of paying to the rates. And the prefumption in favour of the rate is a legal prefumption in favour of perfons acting in their office, and receives a double fanction, from no one queftioning Sha. 1259. 5 tioning their act before the appellant jurif diction. A rate, though private, and not Tawney's Ca. made at a veftry, is a legal rate. If there be any peculiar or anomalous right of voting, which does not fall within the fe claffes, of which I have taken no notice, it will appear in the Appendix of the rights determined. 1 Ld. Raym.1009. Rules of condeterminations. ftruction on laft Before I close this chapter, it may be proper to add fome remarks, and to endeavour to lay down fome general rules of construction, upon the determinations themselves, where, they are ambiguous, or upon fuch refolutions as have been made by committees upon the meaning of the last determinations. Every, laft determination of the house of commons, upon the right of election, as we have before feen, and now the refolution of a felect committee, under certain regulations, is by act of parliament made conclufive, and nothing but Laft determina another statute can alter the right fo declared. tion, what. To have been a laft determination (before the 28 G. 3. c. 52.) it must have been an exprefs 2 Dougl. 223. refolution of the house itself, or exprefsly adopted from the committee. For where the committee refolved the right to be in the commonalty" (in the Poole cafe), and the house diffented, and refolved that fir N. N. who was elected by the "burgeffes of the corporation," was duly elected; on a fubfe- Muft be exprefs, quent litigation, it was contended, that the diffent and adjudication upon the former election, were equivalent to a laft determination upon |