Stafford. were preserved,provided they were duly registered; Borough of but no such person was entitled to be registered 1832. unless he had been so qualified on the 31st day of July, as to entitle him to vote if that day had been the day of election. In the present case, the claimant said that his right was derived from birth; that he was of age before the 31st of July, and therefore on that day he had an inchoate right to his freedom; and that having been admitted to it since, viz. on the day of registration, his right was perfected, and therefore, by relation, he had proved that on the last day of July he had a right to vote, and was entitled to have his name inserted in the list. The case had been considered with an anxious desire to admit the claimants, if it could be done consistently with what appeared to be a correct interpretation of the Act. The Court was bound to examine the position of the claimants on the 31st of July, and not to regard any subsequent events. The claimant, as the son of a freeman, from the hour of his birth possessed an inchoate right, which could only be perfected by admission. Admission was a formal promise, under a solemn oath taken in court, to preserve the rights of the borough, of which Mr. Allen claimed to be a member. On the 31st of July that title was defective. In the case of a copyholder, who claimed an estate on a surrender to him, the lord of the manor was bound to admit him; that admission was a mere ministerial act, Borough of yet the copyholder's title was defective in any Stafford, 1832. court of law before admittance. If an action was brought against a freeman, not admitted upon a bye-law, for a breach of that law, he would be entitled to say he had never been admitted, and therefore was not liable; for by admission only could he give in his adherence to the corporate body. A due distinction had not been taken between the right to freedom, and the right to vote. The former might be perfect, and yet the party may want some necessary qualification to entitle him to the elective franchise. It had been said that the inchoate right had been perfected by the admission before the registration: no doubt the claimants were then perfect freemen, entitled to vote if that day had been the day of election; but they were not so on the 31st day of July. The Court could not help noticing, that almost all the claimants had had a full opportunity afforded them of perfecting their title before the last day of July. The mayor and aldermen, with a most praiseworthy attention to the interests of the freemen, had held a court on the 30th of July, for the express purpose of enabling the freemen who were possessed of the inchoate right to be duly admitted. Of that opportunity only one had availed himself, and the Court was reluctantly obliged to determine that the names of those claimants who were not then admitted could not be inserted in the list. 137 COUNTY QUALIFICATIONS. Lucas's Robert Long claimed for an estate for life, in a Alms-men. share of a freehold messuage, called Lucas's Hospital, Hospital, and the garden thereto belonging. Mr. Warren examined the claimant, to establish a primâ facie case: he stated, that he occupied a room in Lucas's Hospital, and a piece of garden ground. He had been in possession three years, and paid no rent for it-he considered it was his property as long as he lived. Every person had a separate room; his was sixteen feet square, and ten feet four inches high. By the Court. What is it worth to let?—If I wanted such a situation, I could not obtain it under 4s. a week; I could not get any thing to equal it for 4s. Cross examined by Mr. Weedon.-Are you one of the brethren of this hospital?—Yes. Does it not consist of a master and brethren? -A master and sixteen brethren. Did you ever hear of a charter granted by King Charles, of Blessed memory?—King Charles. Have you not a common chest?—Yes. What does it contain?-My own wearing apparel. I mean a common chest belonging to the hos pital?—I don't know. 1832. Alms-men. Lucas's Did you ever hear of the regulations by which Hospital, you are governed there?-No. 1832. There is a proclamation made?—Yes, the rules are read over. Who reads them?-Mr. Morris. Is he the master ?—Yes. Mr. Talbot. Mr. Warren, it is quite evident, that this corporation, or society, of a master and sixteen brethren, are elected and governed under some charter; I cannot decide without seeing it. Mr. Warren. We have not got the charter. And the master reads them?—Yes, or his deputy. Do your rules say any thing about expulsion for misconduct?—I don't know about misconduct, there are fines for misconduct. Suppose you were guilty of blasphemy, does not the rule require expulsion?--I don't think there is such an article as that read. You won't undertake to swear there is not? -No. Suppose you were guilty of theft of the value of 12d., could they expel you?-I can't say. If guilty of idleness for the third time, could they not expel you?—No, Sir. You will swear that ?-I never heard such an Alms-men. article read. Mr. Talbot. I suppose all this appears by rules, which I cannot be satisfied about without seeing. If you were to lodge out of the hospital for one night, could they not expel you?—No. If you were to go, or ride forth, out of the town of Wokingham, could they not expel you? -I don't know. Mr. Talbot. Mr. Warren, you conduct this case on the part of the voter. It is in evidence that certain rules are read, and that there is a power of dismissal. I will not decide in favour of the vote without their production. Mr. Warren.-If the Court decides we have not made out a primâ facie case, then we are bound to produce the deeds; but I submit we have made out a case of freehold which has not been rebutted, and therefore we are not called upon to produce the rules. The opposite party have not made out any case. Mr. Talbot. They certainly have made me acquainted with the fact that this society is governed by rules, and I will not decide in favour of the voter till I have seen the rules. The rules were then put in. Mr. Weedon.-If, Sir, you will look at the in Lucas's 1832. |