Oldalképek
PDF
ePub

DISQUALI

disqualifications as are above mentioned, or that of PERSONAL infancy, is still July 31st; see Reg. Act, 1878, s. 28 (7), FICATIONS. (11), post, pp. 312, 313; and that it is not affected by sect. 7, which changes the period for qualification to July 15th.

It is to be observed that the R. P. Act, 1832, used the Women. words "male persons," whereas Id. 1867, makes use of the term "man." But the two statutes are in pari materia and to be construed together (see s. 59 of the latter Act), and it has been held therefore (independently of the legal incapacity of women to vote, as evidenced by uninterrupted usage and authority) that the word "man" must be construed to mean "male person," and that women are not entitled to vote either for a borough (Chorlton v. Lings, (1868), L. R., 4 C. P. 374; 1 Hop. & C. 1; 38 L. J., C. P. 25), or for a county as freeholders (Chorlton v. Kessler, Id. 397; 1 Hop. & C. 42). See post, p. 336, n. (u).

It was decided in Middlesex, (1804), 2 Peck. 118, Aliens. (Barbre's case), that aliens cannot vote.

Reading, (1838), Falc. & Fitz. 553, (De Barthe's case). It was proved that the voter was born at Bordeaux, (semble, of foreign parents), and he had not, to the witness's knowledge, been naturalized, or obtained letters of denization. It was contended, that it ought to have been proved as a fact that he was not naturalized nor a denizen, and the committee allowed the vote. Sed quære. And see Bedford, (1833), C. & R. 98; P. & Κ. 147, (Levi's case).

verians.

In Stepney, (Isaacson v. Durant), (1886), 17 Q. B. D. Hano54; 55 L. J., Q. B. D. 331, it was held that persons born in Hanover while King William IV. was sovereign both of that country and Great Britain, became aliens on the accession of H. M. Queen Victoria to the throne of Great Britain only, although they were resident in England.

Naturalization must (formerly always was and may If natustill) be by Act of Parliament, and then aliens are

ralized.

PERSONAL admitted to the privilege of voting for members of FICATIONS. Parliament.

DISQUALI

33 & 34 V. c. 14.

If certificated.

Effect of certificate.

How proved.

Changes of nationality.

By the Naturalization Act, 1870, which repealed 7 & 8 V. c. 66, and many other statutes, aliens are enabled to hold real and personal property (s. 2), but this is not to qualify them "for any office, or for any municipal, parliamentary, or other franchise." Id.

Certificated aliens, however, under sect. 7 of the above statute, who have taken the oath of allegiance mentioned in sect. 9, are entitled to the franchise. Sect. 7 enacts that before an alien can obtain such a certificate of naturalization, he must have resided in the United Kingdom for a term of not less than five years, or have been for the same period in the service of the Crown, such residence or service being within such period before his application for the certificate, as may be allowed by a Secretary of State; and he must also give such evidence of his intention to continue to reside, or serve, as shall satisfy the Secretary of State, who may then grant the certificate, which, however, is not to take effect until the applicant has taken the oath of allegiance. Id.

The effect of the certificate is to entitle the alien to all political and other rights, powers, and privileges, and to subject him to all obligations to which a naturalborn British subject is entitled or subject in the United Kingdom. Id. The Act further provides, sect. 12 (2) (3), that the certificate of naturalization or readmission to British nationality, (vide infra), may be proved in any legal proceeding by the production of the original certificate, or of a copy certified to be true by one of the principal Secretaries of State, or any person authorized by him to give certified copies thereof.

Where a convention exists with a foreign state for that purpose, a subject of that state who has become naturalized here, may divest himself of such naturalization, and be an alien again. Sect. 3. And a person who is a natural-born subject, by reason of birth in H. M. dominions, but is a subject of another state, may

cease to be a British subject. Sect. 4. So a person PERSONAL born abroad, whose father was a British subject may FICATIONS.

DISQUALI

cease to be such. Id. And a British subject, when in Expatriaa foreign state and not under disability, voluntarily tion. naturalized there, shall be regarded as an alien. Sect. 6. He may, however, before May 12th, 1872, retain his British nationality by making a declaration. Id. And a natural-born British subject who has become an alien under the Act, may apply for a certificate of readmission to British nationality, which, if granted, will from its date restore the person to the position of a British subject. Sect. 8. As to proof of this certificate, vide sect. 12, supra.

The national status of women and children is deter- Women, mined by sect. 10, post, p. 468.

&c.

A denizen is an alien born, who has obtained from Denizens. the Crown letters patent to make him an English subject. 1 Bl. Com. 373. And he may vote. Middlesex, (1804), 2 Peck. 117, (Solomon's case). See 12 & 13 W. 3, c. 2, s. 3. Letters of denization may still be granted. 33 & 34 V. c. 14, s. 13.

fancy (c).

The first statutory provision against minors voting Inwas the 7 & 8 W. 3, c. 25, s. 8, which enacted "that no person whatsoever being under the age of one and twenty years shall, at any time hereafter, be admitted to give his voice for election of any member or members to serve in this present or any future Parliament."

Bishop's Castle, (1820). - Vote, after argument, al- When of lowed. The voter's father proved that he was born at age. nine o'clock on the morning of the 11th; he tendered his vote on the morning of the 10th. Full age is completed on the day preceding the anniversary of a person's birth; 1 Bl. Com. 463; for the law does not notice a fraction of a day. Anon., (1700), per Holt, C. J., Ld. Raym. 480, 1096; Salk. 625, 44.

It seems sufficient for the voter to be of full age on

(c) See ante, pp. 189, 190.

R.

K

PERSONAL July 31st; see Powellv. Bradley and Hargreaves v. Hooper, FICATIONS, cited ante, p. 126, and observations, ante, pp. 190, 191.

DISQUALI

Idiotcy. An idiot is one whom the law regards to be non compos mentis from his nativity, by a perpetual infirmity. Co. Litt. 247, a. The vote of such a person ought not to be allowed; see Bedfordshire, (1785), 2 Lud. 567, (Burgess' case); Heyw. Co. 259; nor should his name be on the register.

Lunacy.

Childish

ness.

Imbecility.

With regard to a lunatic who, though, for the most part, he may have lost the sound exercise of his reason, yet sometimes has lucid intervals, it seems that the returning officer has only to decide whether, at the moment of voting, the person offering himself is sufficiently compos mentis to discriminate between the candidates, and to answer the questions and take the oath (if required) in an intelligible manner. Heyw. Co. 260. Bishop's Castle, (1699), 13 Journ. 171; Oxfordshire, (1755), 27 Journ.

177.

Bridgewater, (1803), 1 Peck. 108, (Tucker's case).The voter's intellect had been disordered, but he was not entirely unfit for business. His trade was for the most part carried on by his shopman; for he frequently lost his memory, his knowledge of accounts, and of the value of money. He was very eager during the election for A. and P., for whom he voted. Vote good.

Oakhampton, (1791), 1 Fraser, 162, (Robins' case).The voter was 75 years old, paralytic, and much affected by the noise at the poll. He had no clear idea of the names of the candidates, but he had of the side on which he wished to vote. When ordinary questions were put to him, he merely repeated them; but his answers to his wife were more rational. When undis

turbed, it appeared that he was capable of performing any serious act. One witness declared, that after the noise ceased, he heard him name the sitting members, in answer to the question, whom he voted for, which was put a second time. A proposition was made to show him the names of the candidates in writing, but objected to. He said he voted for Slasher and Lasher, PERSONAL

and was rejected by the returning officer. Vote good.

If the state of mind of these persons is such, that it is probable that their votes should be admitted at an election if it took place, as soon as the register came into force, it seems that they are entitled to be registered, otherwise not so; but no case on the point appears to have been decided.

DISQUALI-
FICATIONS.

As to one born deaf and dumb, no case has arisen. Deaf and It seems such a person, if he could understand what he dumb (d). was about, might levy a fine of lands; 7 Vin. Abr. 324, and (semble) make feoffments or contracts for his good; and such persons are admitted, on examination, to marry and to receive the sacrament. Id.

Perkins says the same latitude is given to those who Deaf, dumb, and are born deaf, dumb, and blind. And if such a person blind. can show, by signs or otherwise, that he knows the purpose for which he has come to the poll, and can also comprehend the obligation of an oath and the temporal dangers of perjury, it is conceived that a returning officer would not be justified in rejecting his vote (e), and he would be entitled to be registered.

BELIEF.

Neither the common nor statute law disqualifies any RELIGIOUS person from voting on the ground of his religious belief. The 5 & 6 W. 4, c. 36, s. 6 (f), enacts that no elector supremacy at any election shall be required to take the oaths of &c. not to

(d) The following form of an oath was administered to a dumb man and his interpreter, on a trial for felony, at which the deaf and dumb man was a witness, in Ruston's case, (1786), 1 Leach, 316:-"J. R." (the dumb man) "was sworn to depose the truth, &c., and M. R." (the interpreter) "well and truly to interpret to J. R., a witness, &c., &c., the question and demands made by the Court to the said J. R., and his answers made thereto."

(e) See the criteria stated, "Lunacy," ante, p. 194.

(f) The Act did not extend to Ireland. The 6 & 7 V. c. 28, expressly relieved voters in that country from taking the oath prescribed by 10 G. 4, c. 7, s. 5, vide post, p. 196. The 6 & 7 V. e. 28, is repealed by 34 & 35 V. c. 48; but by s. 1 of that Act, the exemption from taking the oath is practically continued.

Oaths of allegiance,

be taken.

« ElőzőTovább »