is similarly disqualified. Ford v. Pye. Ibid., p. 269; 2 H. & C. RESIDENCE. 157; 43 L. J., C. P. 21.

the army.

An unmarried officer in the army who has rooms set apart for Officer in his separate use in his mother's house, when on leave, has not a sufficient constructive residence to entitle him to vote. Ford v. Hart, L. R. 9 C. P. 273 ; 2 H. & C. 167 ; 43 L. J., C. P. 247. See R. v. Mitchell, ante, p. 60.

Whithorn v. Thomas, 7 M. & G. 1; 1 Lutw. 125. The claimant, Must be a wine-merchant, resided and carried on his business more than bonâ fide. seven miles from T., but in order to obtain a vote for T. he paid a friend 9d. a week for a furnished bedroom and a closet, of which he kept the key, and in which between January and July, 1844, he kept some wine samples. During that period he slept in the bedroom twelve times, and during the year ending July, 1844, between fifteen and twenty times, when he came to T. on business. He never took his meals in the house except when invited. His friend never let lodgings to any one else, and made the above arrangement to qualify the appellant. The Court decided this not to be a bonâ fide residence. And see Cambridge, W. & D. 48, 49 (Barey's and Gaylor's cases); and Bevill's, ibid. 52; Hatchard's, ibid. 89.

how mea

The voter is only required to have resided within the requisite Distance, distance of the city or borough, or any, i.e., the nearest, part sured. thereof (a). Doubts having arisen how this distance was to be measured, it was enacted by the 6 Vict. c. 18, s. 76, that the distance is to be "measured in a straight line on the horizontal plane from the points within any city or borough, or place sharing in the election therewith, from which such distance is to be measured." If there be an ordnance map which includes the termini, it is provided that the distance may be measured by such map.

By s. 7 of the 2 Will. 4, c. 45, it was enacted, that every BOUNDARIES. borough, &c., should, for the purposes of that Act, include the place or places comprehended within the boundaries of such borough, as such boundaries should be settled and described by the Act thereafter to be passed. Accordingly the 2 & 3 Will. 4, c. 64, was passed, which settled definitely the limits of boroughs within which the rights of voting, created or reserved by the firstmentioned Act, were to be exercised. See now 31 & 32 Vict. c. 46.

Jarvis v. Peele, 11 C. B. 15; 2 Lutw. 182.-A freeman of S., having resided for two years previous to March 25th in a house within the present, but without the ancient, limits of the borough, had since that day, up to the 31st July, resided in a house within

(n) See Oldham, 1 O'M. & H. 158.

BOUNDARIES. both the ancient and present limits. The vote was objected to on the ground that the voter had not resided for six months before the last day of July "within such city or borough ;" and under s. 32 of the first-mentioned Act, the barrister held the objection good, but the Court without argument reversed the decision. This decision is applicable to the case of a rated occupier of a dwellinghouse under the 30 & 31 Vict. c. 102.

In order to provide for the continuity of the boundaries, the 2 & 3 Will. 4, c. 64, by s. 37, provided that notwithstanding the generality of any description contained in Sched. O. (of that Act), no borough, the contents of which were specified in such schedule, should include any part of any parish which was detached from the main body of such parish, if by reason of including such detached part, the boundary, &c., of such borough would not be continuous, unless such detached part should, before the passing of the Act, have formed part of such borough for the purpose of the election of members to serve in Parliament.

Palmer v. Allen, 6 C. B. 51; 2 Lutw. 126; 18 L. J., C. P. 265.— The right of electing members to Parliament was by charter vested in the bailiff and burgesses of the borough of B., who were not required to reside. The said burgesses were themselves elected by a body of twelve " capital burgesses," who were required to be resident within the borough. Before the passing of the 2 & 3 Will. 4, c. 64, a place called "the Far Forest," in the parish of R., had formed part of the borough, but, being detached from the rest of the borough, it clearly ceased to be part of it, by the operation of the above sections, unless, previously to the passing of the latter Act, it formed part of the borough for the purpose of returning members to serve in Parliament. The only way in which it could be said to do so was from the fact, that, being within the borough, a residence within it by one of the capital burgesses was quite consistent with his retaining the right to elect the common burgesses, who in their turn were to elect the member. Under these circumstances the barrister held, that it did not form part of the borough for the purpose of returning members to serve in Parliament; and the Court of C. P. being equally divided on the point, his decision was allowed to stand; Williams, J., saying, "This connection with parliamentary elections is not direct enough to satisfy the statute." It may be remarked that residence within "the Far Forest" did not ipso facto constitute a man a capital burgess, as dwelling within the borough: it was only not inconsistent with his right of sharing in the election of common burgesses, and so indirectly in the election of a member, in case he had been duly elected a capital burgess.

The Universities of Oxford and Cambridge were excepted out of the operation of the 2 Will. 4, c. 45. The 78th section, to obviate any doubt, expressly provides, that no member of the Universities respectively shall be entitled to vote for the city of Oxford or town of Cambridge by the occupation of chambers in any College or Hall, and this provision is incorporated in 30 & 31 Vict. c. 102 by the provisions of ss. 56 & 59 of that Act. But for the above provisions the occupation of rooms in a college would confer a vote, for such occupation is clearly of a dwelling-house within the Act, and being of a dwelling-house the occupier is therefore not entitled as a lodger, and so is not entitled at all, Barnes v. Peters, L. R. 4 C. P. 539; 1 H. & C. 254 ; 38 L. J., C. P. 266. There is no similar provision in the 30 & 31 Vict. c. 102 as to the University of London, upon which a member is for the first time conferred by ss. 24 & 25 of that Act. By ss. 41 to 45 provision is made for the elections for that University.

It was mentioned before that the rights of voting existing previously to the year 1832, when the 2 Will. 4, c. 45 was passed were expressly preserved by that Act, to some permanently, to others temporarily (p), and that the 30 & 31 Vict. c. 103, expressly provides that the franchises conferred by that Act, 'should be in addition to, and not in substitution for, any existing franchises, 8. 56.

I. Those to whom the franchise was reserved permanently by the 2 Will. 4. c. 45, are the following :

Freeholders and burgage tenants in cities and towns, being counties corporate, having estates of inheritance.

Freeholders and burgage tenants, as before, having estates for life or lives, of the value of 107. per annum.

Freeholders and burgage tenants, as before, having estates for life or lives, under the value of 101. per annum who

(a) actually bonâ fide occupy the premises;

(8) were seized of the same on the passing of the Act (7th
June, 1832);

(7) have acquired the same since that date by marriage, marriage-settlement, devise, or promotion to a benefice or office; s. 18. See ante, “Voters for Counties." Freemen and burgesses by servitude, and those claiming by birth through them, in other places than London.

Freemen and liverymen in London.

(2) The third part of 35 & 36 Viet. c. 33, i.e., ss. 24-26, applies to elections at Universities. See ss. 27 & 31 of that Act.

(P) The last determinations of the House of Commons on the right of voting are still of importance with regard to these. See Great Marlow, B. & Aust. 85; Lichfield, Ibid. 344.

F

UNIVER

SITIES (0).

ANCIENT

RIGHTS.

ANCIENT
RIGHTS.

Residence.

Distance, how measured

II. Those to whom the franchise was temporarily reserved may be divided into

1st. Those whose rights are reserved to them, and those claiming under them, and—

2nd. Those whose franchise is simply reserved without any such power of transmission.

The former of these are only

Freemen who were admitted, or entitled to be admitted, for any cause, on the 1st of March, 1831, and those claiming by birth through them; s. 32.

The latter division comprises

(a) Freeholders or burgage tenants in ordinary borough towns (including those of New Shoreham, Cricklade, Aylesbury, and East Retford) who are entitled to vote on the 1st March, 1831, or had acquired the estate between that date and the passing of the Act (7th June, 1832) by descent, succession, marriage, marriage-settlement, devise, or promotion to any benefice or office (1).

(8) Electors qualified as

Inhabitants generally,-Inhabitants householders,-Inhabitants paying scot and lot,—Potwallers (»).

Upon all alike the 2 Will. 4, c. 45, imposes the necessity of registration, and residence for six calendar months previous to the last day of July within the city or borough, as the case may be, or within seven statute miles thereof (s); or, if the qualification be within a contributory borough, the voter must reside, as before, within, or within seven statute miles of, such contributory borough, to be calculated according to the directions of Sched. E. 2.

This distance is in all cases, except those of freeholders, &c., in towns being counties of themselves, and in New Shoreham, Cricklade, Aylesbury, and East Retford, and in the case of voters in London, to be measured from "the place where the poll shall heretofore have been taken."

In cities and towns being counties, in the four towns just mentioned, and in the case of voters in London, the distance is

(q) See the case of a minor at the passing of the Act, Aylesbury, 1 P. R. & D. 83.

(r) There were two other classes: "Populacy," a term describing the right of voting at Seaford, now disfranchised; and "Commonalty," applied to certain unincorporated constituencies. Both are now obsolete.

(s) As to voters in London, twenty-five miles, 30 & 31 Vict. c. 102, s. 46.

RIGHTS.

calculated from the said "borough, or any, i.e., the nearest, part ANCIENT thereof;" ss. 31-34 of 2 Will. 4, c. 45, and s. 46 of 30 & 31 Vict c. 102.

Having ascertained the general provisions of the 2 Will. 4, c. 45 as to the ancient rights of voting, those rights will now be discussed in detail; and first as to freeholders and burgage tenants (f).

The nature of freeholds has been already sufficiently discussed. Freeholders in counties See ante, "Voters for Counties." The cities and towns being of cities and towns. counties, in which freeholders vote, are seven in number: Lichfield, 19 Journ. 35, B. & Aust. 344; Bristol, Exeter, Norwich ; Nottingham, 13 Journ. 611; Haverfordwest, and Berwick-onTweed. Heyw. Bo. 19 (u).

In some places the qualifying estate is called a burgage

tenement.

tenants.

Burgages may be of both free and base tenure. Burgage Burgage tenure is a tenure in socage; Litt. s. 162; and socage was both free and villein (r), but there seems nothing inconsistent with the nature of the tenure, that those who hold their burgages by copy of Court roll should vote. Tenants of burgage tenements, held by copy of Court roll, are admitted to vote at Cricklade, 10 Journ. 72; and at Westbury, 14 Journ. 62; 18 Journ. 149. And see cases collected 1 Peck. 349; Clitheroe, 8 Journ. 387.

Where there was no evidence of base tenure, or of a manor in the borough, and the burgage tenements had always passed without surrender or admittance, or fine paid, though the conveyance of them had not been strictly such as is usual in case of freeholds, yet, in the absence of evidence that the freehold was in any other person, the claimant was held entitled to be registered as a freeholder. Busher v. Thompson, 4 C. B. 48; 1 Lutw. 551 ; 16 L. J., C. P. 57, which was the case of a county voter. See also Passingham v. Pitty, 25 L. J., C. P. 4; 17 C. B. 299; K. & G. 26.

The freehold and burgage qualification in cities and towns being counties, may be created since the 2 Will. 4, c. 45; but

(f) Section 19 of 2 Will. 4, c. 45, giving the right of voting to copyholders and leaseholders in counties does not extend to citie and towns being counties.

(a) The other cities and towns mentioned by Serjeant Heywood have been incorporated in their respective counties by s. 17 and Schedule G. of 2 Will. 4, c. 45.

(2) Spelman says, "Burgagium ad militiam non pertinet habe. turque ideo inter ignobiles tenuras." Blackstone, however, speaks of burgage tenure as tenure in free socage. 2 Comm. 82-84.