FREE BOOKS

Author's List




PREV.   NEXT  
|<   880   881   882   883   884   885   886   887   888   889   890   891   892   893   894   895   896   897   898   899   900   901   902   903   904  
905   906   907   908   909   910   911   912   913   914   915   916   917   918   919   920   921   922   923   924   925   926   927   928   929   >>   >|  
ore Mr. Anstey in the Revising Court, a tribunal created by the parliamentary elector's trial bill of 1868, and which sits to revise the registration of voters, under the Act of 1867, and from whom appeals lie to the Court of Common Pleas. The case came up in 1868, and was fully and ably argued, and the Revising Barrister went luminously over the whole ground in an exhaustive opinion when he rendered judgment. I find the case in the Eng. Law Mag. and Law Rev. for 1868, at p. 121: _In re Jane Allen_ (_Parish of St. Giles-in-the-Fields_). _September 23, 1868_. This was a claim to be entered on the St. Giles' list of occupiers for the borough, under the "Representation of the People Act, 1867," s. 3; the claimant's name, in common with those of all female occupiers, having been omitted by the overseers. * * * * * The Revising Barrister said, p. 132: In the meantime, and dealing with the case according to my own opinion of what the law is, I hold, in the first place, that this incapacity of mere sex, as it is called, did not exist at common law in any constituency; and (on the authority of the cases cited already of Catherine _vs._ Surrey, Holt _vs._ Lyle, and Coates _vs._ Lyle, which show that there is in counties no such incapacity even as to the freehold franchise, even under the acts passed before 1832, greatly narrowing the basis of that suffrage there), that, _a fortiori_, there was no such incapacity in boroughs of the common right at least, and also of many, perhaps all, of those by custom also, as appears by the valuable records preserved from the time of the Conquest down to our own time, including the Damesday and the Doom Books of the various boroughs. For I find that (although in some boroughs, a later charter or special act of Parliament was to the contrary), where the common right obtained, the woman burgess took her place, and her name was inscribed on the burgess roll with the male burgesses, enjoying the same rights and liable to the same heavy duties--such as watch and ward, scot and lot, and the like, as the burgesses of the male sex. Cu
PREV.   NEXT  
|<   880   881   882   883   884   885   886   887   888   889   890   891   892   893   894   895   896   897   898   899   900   901   902   903   904  
905   906   907   908   909   910   911   912   913   914   915   916   917   918   919   920   921   922   923   924   925   926   927   928   929   >>   >|  



Top keywords:

common

 

boroughs

 

incapacity

 

Revising

 

Barrister

 

opinion

 

burgesses

 

occupiers

 

burgess

 
suffrage

fortiori

 
counties
 
Coates
 

Catherine

 
Surrey
 

greatly

 

passed

 

freehold

 
franchise
 

narrowing


including

 

inscribed

 

obtained

 
Parliament
 
contrary
 

enjoying

 

rights

 

liable

 

duties

 

special


preserved

 
Conquest
 

records

 

valuable

 

custom

 

appears

 

authority

 

Damesday

 
charter
 

meantime


ground
 
luminously
 

argued

 

exhaustive

 

judgment

 

rendered

 

parliamentary

 
elector
 

created

 
tribunal