sons seised for life, at the time of passing the act, are preserved without abridgment (c). The old rights reserved for a time, are all such rights of voting as formerly existed in boroughs (in respect of whatever qualification), and not included among those which the act retains in perpetuity. Among these is comprised the right of inhabitants paying scot and lot (i. e. paying the poor rate, as parishioners); of inhabitant householders; of inhabitant potwallers (i. e. cookers of their own diet); of inhabitants generally; and of freeholders and burgage tenants in cities and boroughs, not being counties of themselves. All such rights as they existed, according to the custom of the several places, are retained for the life of the parties who were entitled on the 7th of June, 1832, the day when the act received the royal assent (d). But the qualification must, on the last day of July in the year in which the voter is registered, be as complete as it was required before the passing of the act to be on the day of election itself; and the same condition as to residence is required as in the case of burgesses and freemen (e), and the right of voting is in general lost if the name is omitted for two successive years from the register (f). There is also an exception with respect to persons claiming to vote in respect of any burgage tenement or freehold which they shall have acquired since the 1st of March, 1831; it being provided, that the vote in that case shall not be allowed, unless the acquisition shall have been made before the passing of that act, and by means of descent, succession, marriage, marriage settlement, devise, or promotion to some benefice or office (g). As regards any right of voting for cities or boroughs in the capacity of freeholders, whether such right is among those reserved in perpetuity or not, it is subject (we may (c) 2 Will. 4, c. 45, s. 18. (d) Ibid. s. 33. (e) Ibid.; see also 26 Geo. 3, c. 100. (f) 2 Will. 4, c. 45, s. 33. See this provision explained by the subsequent act of 6 & 7 Vict. c. 18, s. 78. (g) 2 Will. 4, c. 45, s. 35. observe here) to the same provisions as before referred to (h), under the head of county elections, in the case of mortgage and trust estates (i). It has already been remarked, that, as in the case of electors for counties, so in that of electors for boroughs, registration is an indispensable requisite to entitle the voter to the exercise of his franchise. The manner of registration is in general similar to that for counties (j). The electors, however, are not required to make any claim of their right to vote, as in the case of county electors: their names are to be entered on the lists, whether any claim has been made or not. The lists are to be made out in general by the overseers of the poor (k), as in the case of counties: but in places where the reserved right as to freemen comes into operation, the town clerks are the persons directed to make them out, so far as the freemen are concerned (1) ; and in the city of London, the lists of freemen and liverymen are to be made out by the clerks of the different livery companies (m). All the lists for any borough, when settled by the revising barrister, are to be immediately delivered to the town clerk for the borough, who is to provide a book, into which they are to be copied (n). This book is to be delivered over by the town clerk, on or before the last day of November in each year, to the returning officer of the borough, to be by him and his successors kept in safe custody. When complete, it becomes the register of electors (h) Vide sup. p. 359. (i) 6 & 7 Vict. c. 18, s. 74. (j) Vide sup. p. 361. So also the provision contained in 17 & 18 Vict. c. 102 (sect. 6), noticed sup. p. 362, n. (ƒ), in relation to county voters, applies equally to electors for boroughs. (k) They are provided with the proper forms by the town clerk, or, if there be none, by the person appointed for the purpose by the VOL. II. returning officer. 6 & 7 Vict. c. 18, s. 11. (1) 6&7 Vict.c. 18, ss. 13, 14. See also the Municipal Act, 5 & 6 Will. 4, c. 76, s. 4. The town clerk is not entitled to any remuneration for the performance of this duty. See Jones v. Mayor of Carmarthen, 8 Mee. & W. 605; The Queen v. Governors of the Poor in Hull, 2 Ell. & Bl. 182. (m) 6 & 7 Vict. c. 18, s. 20. (n) Sect. 48. BB entitled to vote at any election for the borough to which it relates, for the next succeeding year (o); but no person, though registered, is entitled to vote, unless his qualification as to residence shall have continued to the time of polling (p). Such is the substance of the present law with respect to the qualification of electors for counties and for boroughs generally considered: to which we must, however, add some notice of their incapacities and restrictions in particular cases. And of these, some apply to one class of voters, some to the other, and some to both without distinction. 1. First, then, no peer (except an Irish peer, serving in the house of commons) can be allowed to vote at any election (q). 2. No vote can be given by lunatics, idiots, persons under twenty-one years of age, aliens, or females (r). 3. The same incapacity applies to persons convicted of perjury, or subornation of perjury; or of bribery, treating or undue influence (s) at any election; or convicted or attainted of felony (t), or outlawed in a criminal suit (u). 4. No person can vote for a county, in right of any estate fraudulently conveyed to him for that purpose, subject to a condition for defeating the conveyance when the object is accomplished. Such transactions are not only void, but vest the estate absolutely in the grantee, and any person who executes or prepares the conveyance, or gives his vote under it, shall forfeit 40l. (v). 5. Only one person can be admitted to vote for any one house or tenement (w), to prevent the splitting of freeholds. But this is only when such splitting takes place for election purposes, and in (0) 6 & 7 Vict. c. 18, ss. 48, 49. (p) Ibid. s. 79. (q) Rogers, Elect. p. 162 (8th ed.) (r) 7 & 8 Will. 3, c. 25, s. 8; 2 Will. 4, c. 45, s. 19, &c. (s) 17 & 18 Vict. c. 102, s. 6. (t) It may be observed, that if the felon be pardoned, or if he endure the punishment awarded, his competency is restored. See Rogers, Elect. p. 161. (u) Semble, see Rogers, Elect. p. 162. (v) 10 Anne, c. 23, s. 1. (w) 7 & 8 Will. 3, c. 25, s. 7; 53 Geo. 3, c. 49. order to multiply votes: and the provision consequently extends not to cases of bonâ fide joint occupation or tenancy, or to cases where there is a division by operation of law, as in descents (x). 6. No metropolitan police magistrate (within his jurisdiction (y)), or person employed in managing or collecting the duties of excise (z), customs, stamps or houses, or of the revenue of the post-office, shall vote at any election; and if such person presumes to vote, he shall forfeit 1007. (a). 7. No person shall be entitled to be registered in any year as a voter in the election for a city or borough, who shall within twelve calendar months next previous to the last day of July in that year, have received parochial relief, or parochial alms (b). 8. No person can vote at a county election in respect of his estate as a freeholder in property occupied by himself, nor in respect of his estate as copyholder, customary tenant, tenant in antient demesne, leaseholder, or occupying tenant,-if the property be such as would, according to the provisions of the Reform Act, confer the right of voting for a borough (c). 2. [Next, as to the qualifications of persons to be elected members of the house of commons. Some of these depend upon the law and custom of parliament, declared by the house of commons (d),-others upon certain statutes. And from these it appears, 1, that they must not be aliens born, or minors] (who, as we have already seen, are incapable (x) It has been said that the practice of splitting votes for election purposes, has not in modern times been viewed with the same jealousy as formerly. Rogers, ubi sup. p. 174. s. 9.) (z) See Gooday v. Clark, 2 C., M. & R. 272. (a) 22 Geo. 3, c. 41; 51 Geo. 3, c. 119; 7 & 8 Geo. 4, c. 53, s. 9. (b) 2 Will. 4, c. 45, s. 36. As to the nature of the alms, the reception of which disqualifies, see R. v. Halesworth, 3 B. & Ad. 717; Hedon, 25 Journ. 275. (y) 2 & 3 Vict. c. 71, s. 6. There is a similar incapacity attaching to members of the metropolitan police force (see 10 Geo. 4, c. 44, s. 18); to the police of the city of London (2 & 3 Vict. c. xciv. s. vii ), and to the rural police (2 & 3 Vict. c. 93, B B. 2. (c) 2 Will. 4, c. 45, ss. 24, 25. (d) 4 Inst. 47, 48. of sitting in either house of parliament (e)), idiots or madmen (ƒ), or persons attainted of treason or felony (g), or outlawed on criminal prosecution (h); to which it may be added, that a candidate declared guilty by an election committee, either by himself or his agents, of bribery, treating or undue influence at an election, is disqualified from serving in that parliament for the same place (i); and that by the 52 Geo. III. c. 144, when a member of the house of commons is declared a bankrupt, he is incapacitated during the course of the proceeding in bankruptcy from sitting or voting; and if at the expiration of twelve calendar months his debts be not paid, nor security given for them, nor the bankruptcy superseded, his seat becomes vacant (k). 2. [That they must not be any of the peers] (except that Irish peers not previously elected into the house of lords may be chosen for any county or borough of Great Britain (7)); nor any of the judges of the superior common law courts in England (m), or Ireland (n), or of the English County Courts (0), or of the Court of Session or Exchequer in Scotland (p); nor any of the commissioners of the Court of Bankruptcy (q); nor any of the clergy of England or Ireland, or ministers of the Scottish church, or of the Church of Rome (r); nor (e) Vide sup. p. 344, 345. (f) Com. Journ. 1623, 1625; Com. Dig. Parliament, D. 9; Sheph. Elect. 109. (g) 4 Inst. 47; Sheph. Elect. 108. (h) Rogers, Elect. (8th ed.) p. 206. (i) 17 & 18 Vict. c. 102, s. 36. As to the previous state of the law with respect to disqualification for bribery, &c., see Sheph. Elect. 116; Rogers, Elect. 76; 49 Geo. 3, c. 118; 5 & 6 Vict. c. 102. (k) Et vide Irish Act, 19 & 20 Geo. 3, c. 25, s. 9. (1) 39 & 40 Geo. 3, c. 67. (m) Com. Journ. 9th Nov. 1605; 1 Bl. Com. 175; Semble, the Master of the Rolls is not disqualified (see (n) 1 & 2 Geo. 4, c. 44. (r) 41 Geo. 3, c. 63, s. 4; 10 Geo. 4, c. 7, s. 9. Upon the controverted question as to the eligibility of clergymen prior to the 41 Geo. 3, c. 63, Blackstone was of opinion that |