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
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