and parchment, and 10 A. c.19. s. 182. for (among other things) laying duties upon soap and paper made in or imported into Great Britain, and upon cheque and striped linens, and upon certain silks, calicoes, linens, and stuffs, and upon printed papers and advertisements, and on cards and dice, and for licensing Hackney coaches, and for better securing the duties on licences for marriages, no person managing the several duties granted by those acts, shall in any manner endeavour to persuade any elector to give, or dissuade any elector from giving his vote, on pain of forfeiting one hundred pounds, and of being disabled from bearing or executing any office of trust whatever under the crown. These acts relate to England and Scotland. s. 1. England and 43 G. 3. 25. from office. Every person holding, or within twelve months after 22 G. 3. c. 41. he shall cease to hold, any of the employments aftermentioned, is disqualified from voting for any M. P., or Scotland, for any delegate in whom the right of electing an M. P. s. 1. for Scotland is vested, or by 37 G. 3. c. 138. s. 1. for a Ireland. Disqualificapreses or clerk, or on any question relative to the adjust- tion of voting ment of the roll of freeholders of any county at any meeting whatever, on pain of forfeiting one hundred pounds, (the prosecution for which is to be commenced within a year,) and of becoming incapable of bearing or executing any office of trust under the crown; (but by s. 3. it is declared it shall not extend to any office usually held by letters patent for an estate of inheritance or freehold ;) any person whatever concerned or employed in the charging, collecting, levying, or managing the duties of excise, or any branch or part Excise. thereof, (this does not include the husband of the office keeper to the collector of excise, 1 Peck. 373, or an oc- the office casional collector of excise paid by the collector, 4 Fra. keeper, an 165;) any person whatever concerned or employed collector, exin the charging, collecting, levying, or managing the cus- cepted. toms, or any branch or part thereof; (this does not in- Customs. Husband of occasional A former captain of a revenue cutter excepted. clude a former captain of a custom house cutter, who received an annuity from his successor, as a mark of gratitude for having kept his intention of resigning, secret, and thereby enabling the successor to obtain the situation, 1 Peck. 397., or by 51 G. 3. c. 84. the fifteen Coal and corn coal meters and ten corn meters of the City of London, meters of London excepted. though they may have a commission from the commissioners of customs, or be employed in the admeasurement of coal or corn for the purpose of ascertaining the duties of customs, if they shall not receive or be entitled to any salary or fee out of the revenues of the crown; (nor in Ireland any person concerned or employed by the commissioners of the revenue in charging, collecting, levying, or managing any of the duties in that country ;) any person concerned or employed in collecting, Stamps. receiving, or managing any of the duties on stamped vellum, parchment, and paper, or any person appointed by the commissioners for distributing of stamps; (this does A subdistribu- not include a subdistributor of stamps, 1 Peck. 373. tion excepted. 1 Fra. 164;) any person employed in collecting, levying, or managing any of the duties on salt, (the duty on salt was, by 5G. 4. c.65., repealed;) any person in England or Scotland employed in collecting, managing, or receiving the duties on windows or houses; (this does not include a colWindows. lector of the duties on windows and houses, appointed by the commissioners of the land tax, 2 Peck. 116. 2 Lud. 551,* or any postmaster general, or his or their deputy or deputies, or any person employed by or under him or Salt. Collectors ex cepted. * The reason of this is that by s.2. it is declared that the act of the 22 G. 2. c. 41. shall not extend to commissioners of the land tax, or persons acting under the appointment of such commissioners, for the purpose of assessing, levying, collecting, receiving, or managing the land tax or any other rates or duties granted or imposed, or thereafter granted or imposed by authority of Parliament, and by the 20 G. 2. c. 3., & 38 G.3. c.40. the management of the duties of windows and houses is placed under the control of the commissioners of the land tax, who are to appoint the collectors, 2 Peck. 116. Includes clerk them, in receiving, collecting, or managing the revenue of the post-office, or any part thereof, (by this the clerk to Post Office. a postmaster in a post town, appointed with the post- in a post town. master-general's approbation, 1 Peck. 354 to 358, the Husband of husband of the postmistress and the postmaster, though post mistress. another executes and receives the profits of the office, 2 Lud. 558. 561. are disqualified, but it does not include Excepted. a person appointed by the postmaster with the postmaster-general's approbation to distribute letters and receive the postage in a parish within his district, not a post town, 2 Lud. 562. or the guard of a mail coach, ap- Mail-coach pointed by the comptroller general of the post-office, and guard. paid by the postmaster of a county town, 2 Fra. 254. and by 27 G. 3. c. 26. s. 15. the farmers of the post-horse 27 G.3. c.26. duty appointed collectors thereof,) or any captain, master, Farmers of or mate, of any ship, packet, or other vessel, employed post-horse duty. by or under the postmaster or postmaster-general, in con- Captains of veying the mail in England and Scotland to and from foreign mails disqualified. foreign ports, and in Ireland to or from any place what ever. s. 15. s. 14. cers cannot fere at elec. No justice, receiver of fees, surveyor, or constable at 3G.4. c.55. any of the public police offices in London, Westminster, Police magisor Southwark, whilst he shall continue in office, or within trates and offisix months afterwards, on pain of forfeiting £100, shall vote or interbe capable of voting at an election of a member of Par- tions. liament for Middlesex, Surrey, Westminster or Southwark, or shall in any manner endeavour to persuade any elector to give, or dissuade any elector from giving his vote for any member for such places. Whether the receipt of alms or parish relief by a man, Alms or parish relief, receipt his wife, or child, operates as a disqualification generally, of. affecting voters of all descriptions and for all places in England, is a question on which there is no fixed decision, Committees of the house of commons having come to different determinations on the subject. Con. 307. England. 2 Lud. 563. 567. id. 365. Male, 2nd ed. H. C. 271. 295. In Scotland, pensioners cannot vote at elections for magistrates of boroughs, and from the particular qualification it is not probable that a person who had received alms should there claim to vote at elections for an M. P., and there is not in that country or in Ireland a provision for the poor, similar to what there is in England. The best opinion, however, appears to be that it is, in itself, no disqualification to freeholders; (in the Cricklade case, however, there was a contrary decision, 2 Lud. 563.) or to freemen (there was a contrary decision in the Oakhampton case, 1 Peck. 373.; but it was without argument, and only affected one vote), or to burgage-tenure holders for cities, towns, and boroughs, unless by some resolution of the house of commons, the right of the particular place is declared to be in freemen, or burgage-tenure holders, (either singly or in conjunction with others) not receiving alms or parish relief. The receipt of alms or parish relief, by a man, his wife, or child, is, therefore, principally a disqualification to scot and lot voters. It is, however, no disqualification to a militia man during the time of actual service, by 18 G. 3. c. 59. s. 25., and to voters generally, unless it be subsequently to the period when the right of the voter accrued, 1 Peck. 72, and within a year preceding the election, except in London, by st. 11 G. 1. c. 24. s. 14., and in Reading 16 journ. 27. where the receipt of any alms whatsoever, within two years, operates as a disqualification. The receipt of a part of sacrament money, 25 journ. 375., or of a benefit from charities distributed weekly, monthly, or yearly, to persons during good behaviour, is no disqualification, 1 Peck. 510, and this rule applies generally to charities, unless a committee of the house of commons has come to a contrary determination with respect to particular charities in particular places. Subject to the foregoing observations, all persons may vote, foreigners made denizens or naturalized, Quakers, 7 & 8 W. 3. c. 34., Moravians, 22 G. 2. c. 30.; Jews, 10 G. 1. c. 4.; Papists, taking the oaths required in the different countries, returning officers and candidates. Freeholders at shires and counties of cities and towns. In elections in England for knights of shires, by 8 H.6. England. c. 7. and 18 G. 2. c. 18. s. 1 & 5., and for cities and towns elections. being counties, so far as respects freeholders, by 19 G. 2. For knights of c. 28. s. 4 & 13. the electors must, on a penalty of 40%., to be recovered by any candidate for whom they should not vote, have a freehold interest in the district of the value of 40s. clear of all charges, except taxes not fraudulently granted, nor come into possession within twelve months previously to the election, except by descent, marriage, devise, or promotion to a church or an office. knights of In elections for knights of shires, the estate (except by England. 18G. 2. c. 18. s. 4. any rents, or any chambers in the Electors for inns of court or chancery, or any messuages or seats be- shires. longing to any office not usually rated) must, by 20 G. 3. c. 17. s. 1., have been assessed to the land tax in the name of the voter or his tenant, six months. By s. 2. it does not 2 Peck.85. extend to annuities or fee farm rents issuing out of lands rated, or to any person who became entitled to such estate by descent, marriage, devise, or promotion to a benefice, or to an office, within twelve months, if it has been rated in the name of some former proprietor or tenant, within two years before the election. By 30 G. 3. c. 35. S. 1 & 2. the assessments may be either in the name of the owner of the property or some predecessor or their tenants respectively, within the periods just stated. In elections Freeholders. for cities and towns, being counties, the estate must, by Counties of 19 G. 2. c. 28. s. 3. (except any rents or any messuages towns. or seats belonging to any offices not usually rated) have been assessed to the land tax, twelve months next before the election.* If the land tax has been re cities and H. B. 409. * The period of assessment, as stated above, for cities and towns being counties, is the same as Mr. Sergeant Heywood and Sir John Simeon have 64. K |