The Sun.
London, England, 1832-07-13 00:00:00

(No. 12,129.)

GENERAL ELECTION UNDER THE

REFORM ACT.

We gave yesterday from Mr. Cockburn's edition
of the Reform Act, a summary of the qualifications
of electors for counties, and of the duties of overseers
with regard to the preparation of the lists of county
voters. We now take from the notes of Mr. Cock-
burn the following clear and comprehensive state-
ment respecting—first, the right of voting in
boroughs; second, the right of voting in cities and
towns, being counties; third, the franchise of
burgesses and freemen; fourth, the right of voting
by reason of inhabitancy ; fifth, the duties of over-
seers in respect of lists of voters for cities and
boroughs
1. Right of voting in Boroughs.—By the former
law the elective franchise in cities and boroughs
varied in different places according to Acts of Par-
liament, charters, local usage, or rights established
by last determinations of the House of Commons.
Now, however, with a reservation in favour of
rights existing or inchoate on the Ist of March,
1831, (sec. 31-33), the right of voting in cities and
boroughs is vested in every person occupying, as
owner or tenant, any house or other building, which,
either separately or jointly with any land within the
same city or borough, is of the clear yearly value
of 101.
If the amount of value be made up (as it may
be) by different buildings, or by buildings or land
jointly, such buildings and land must be held under
the same landlord.
The exercise of the right is made to depend on
the following conditions :
The voter must be registered: and in order to
be registered,

Hey must have occupied the premises twelve
calendar months next previous to the last day of
July in each year.

In parishes or townships in which there is a poor-
rate, the premises must have been rated to all the
rates made during the period of such twelve months'
occupation.
. _

He must have paid, on or before the 20th July
in each year, all rates and assessed taxes which have
become due in respect of such premises previously to
the Gth April next preceding.
Lastly, he must have resided in the borough or
within seven statute miles thereof, six months before
the last day of July in each year.
As to Residence.—lt has just been observed that

the statute, in addition to the twelve months' occu-
pation of the premises necessary to give the right
of voting in cities and boroughs, requires a residence
of six months in the place, or within seven miles
thereof. Occupation therefore and residence are
distinct things in the contemplation of the statute.
Such indeed they have been considered at law.
See Rex. v. Tunstead, 3 T R. 523 ; Rex. v. ildlard,
48. and C. 772. And it seems clear that, pro-
vided there be a residence within the place, the
voter need not reside in the premises in respect of
the occupation of which he claims to vote.

A man may be said to reside where his dwelling
place is, more particularly where he retires to rest or
sleep. Co. 2 hest. 122, and see Re. z v. Ilfildenhall,
3 B. and A. 37,1.

It can hardly be considered that the six months'
residence required by the statute must be a continued
' and uninterrupted abiding in the same place during
' that period. Occasional absence, provided the
elector have a bona fide intention of returning to his
former abode and continue to consider the place in
question as his dwelling.place, will not prevent him
from being a resident within the meaning of the
statute. Wootton Bassett, Rog. 161 ; Milborne
Port, C. and D. 227; Rex. v. Mitchell, 10 East, 511.
Where, however, persons have two places of re-
sidence, in each of which they occasionally abide (as
in the case of gentlemen having town and country
houses), it may be difficult to say whether such
persons can be considered as residing in both such
places at one and the seme time. Still, if both
houses have been bona fide retained for the purpose
of habitation, and occasionally used for that pur-
pose, it is probable that an occupier under such cir-
cumstances would be considered as having suffi-
ciently resided.
The premises occupied need not be the same
premises. The occupation of different premises
within the same city or borough, if occupied in im-
mediate succession, provided the other requisites
mentioned in the forgoing section are complied
with, will be sufficient.
2. Right of voting in cities and towns, being coun-
ties.--The act, having established the right of vot-
ing for cities and boroughs generally in the 101.
householders, provides in the three en.uing sections
for the reservation of certain rights already existing.
This section applies to the case of cities and towns
being counties of themselves, which have not been
incorporated under schedule G with the adjoining
counties, and in which towns the elective franchise
was vested in freeholders and burgage tenants. In
such places this right is preserved in perpetuity, sub-
ject always to the provisions of sect.zviii. to
respect
of freeholders for life.

The exercise of the right is, however, made to de-
pend on the following conditions :
The voter must be registered : and in order to be
registered,
He must have been in actual possession, or in the
receipt of the rents and profits 12 calendar months
next previous to the last day of July in each year,
except the freehold or tenement shall come to him
within such time by marriage, marriage settlement,
descent, succession, devise, or promotion to any be-
nefice or office.

He must have resided six calendar months in such
city or town, or within seven statute miles thereof.

- - .
Ai to residence, see ante, s. 27, n.
Nature of Franchise.—When the right of voting
in cities or towns, being counties, is attached to
freeholds, the freehold must be, in respect of tenure,
interest, and value, the same as is required at county
elections.

By 19 G. 11., c. 21, s. 3, it was necessary that
freeholds in cities and towns, being counties, should
be assessed to the land-tax in order to give the
right of voting. That necessity is now removed by
the section of this act.

Where the right of voting is attached to burgage
tenure, the burgage tenement, to give the right,
must be entire and undivided, as it existed before the
time of legal memory. If the tenement has once
been divided, the right of voting before annexed to
the soil ceases. The right becomes, however, sus-
pended, not destroyed, and will revive again, if all
the parts are re-united in the hands of one tenant.-
1 Lud. 230; 2 Fras. 115 ; 2 Heyw. 278, 289,
290. In boroughs where there exist half and quar-
ter burgages to which a right of voting is annexed,
such burgages are considered to have been split before
the time of legal memory, and cannot be again sub-
divided, notwithstanding any local usage.-2 Fras.
151; 2 Heytu. 278 ; 1 Peck. 3-19.
The interest which the tenant must have in his
burgage depends entirely upon the usage of the city
or borough.-2 Hcyw. 292, 297, 309.
3. The Franchise of Burgesses and Freemen.—
This section provided for the reservation of the
right of persons entitled to vote in respect of
corporate privileges.
Freemen and burgesses, who but for this act would
have been entitled to vote, are to retain that privi-
lege ; but as regards treemeti in general, this reser-
vation extends only to such as were admitted on of
before the Ist of March, 1831.
To theiatter limitation there are two exceptions:-
1. Freemen admitted in right of servitude.