Seaforth Cafe, Ibid. Rules of conftruction on laft determinations. racter, the vote is held bad. The cafe was, (a) Mr. Serjeant Kemp being a freeman of Seaforth, and being alfo an inhabitant housekeeper, paying fcot and lot. When he tendered his vote, he faid, "I vote as a freeman and make the best of it.". The committee decided that freemen had no right, and therefore rejected Mr. Serjeant Kemp's vote as bad, being given in exercise of a supposed right which turned out bad, though as an inhabitant, &c. he had a right to vote. Harben, another voter, faid, "He voted as a freeman." It did not appear in evidence whether this was faid at or after the time of voting. The vote was held good. If there be any peculiar or anomalous right of voting, which does not fall within thefe claffes, of which I have taken no notice, it will appear in the Appendix of the rights determined. Before I close this chapter, it may be proper to add fome remarks, and to endeavour to lay down fome general rules of construction, upon the determinations themfelves, where (a) Q. The decision as to Kemp's vote, for the declaration does not feem to ouft him of the benefit of the right he had, though he wished to refer it to another fuppofed right. The execution of a power (though it is a difpofition of property, not merely the exercise of a favoured franchise) may be referred to any authority that will make it good. they they are ambiguous, or upon fuch refolutions Doug 79. as have been made by committees upon the meaning of the laft determinations. Every laft determination of the house of commons, upon the right of election, as we have before feen, and now the refolution of a felect committee, under certain regulations, is by act of parliament made conclufive, and nothing but another statute can alter the right fo declared. To have been a laft determination (before the 28 G. 3. c. 52.) it must have been an express refolution of the house itself, or exprefsly adopted from the committee. For where the committee refolved the right to be in the 66 commonalty" (in the Poole cafe), and the houfe diffented, and refolved that fir N. N. who was elected by the " burgeffes of the corporation," was duly elected; on a fubfequent litigation, it was contended, that the diffent and adjudication upon the former election, were equivalent to a laft determination upon the right itfelf. But the committee let in evidence of the ufage, which they would not have done if they had confidered it a last determination, there being no ambiguity which required explanation by fuch evidence. A laft determination fhould be fo clearly and accurately laid down, that no reasonable doubt can arise upon the conftruction of it. If there is any ambiguity upon the face of it which will admit of two meanings, the true conftruction must be found out before the rule can be Laft determina tion, what. 2 Dougl. 223. Must be exprefs. be ascertained. According to the ordinary rules of construction, fuch an ambiguity patent arifing upon the face of the determination, can be refolved only by the rules of grammar, and no evidence of practice under the determination can legally be adduced to construe the meaning of the determination itself. For this is not like the cafe of two perfons contracting in written terms under which the parties afterwards act, where, if any question arifes upon the meaning of the contract, the conduct of the parties is fuffered to be given in evidence. In fuch cafe, the question is not upon the abstract meaning of the inftrument,' fo much as upon the meaning of the parties themfelves, who have affixed and acted upon their own interpretation. But as the foundness of the conftruction itself, in fuch refolutions or determinations, is not of fo much confequence as the abiding by a conftruction when once made, evidence is permitted to be given of ufage, to explain an ambiguous determination of the right; but, by a standing order of the houfe, not to contradict it. And where a conftruction has been put upon a laft determination by a committee in the fhape of a refolution, evidence might be given not only to explain such refolution, if it were ambiguous` but, as it seems, even to contradict it. § And if any particular ufage, confiftent with the determination or refolution, be proved to have existed existed for a confiderable period of time past, mere furmise and implication, drawn from old returns, which are very fallacious evidence, as depending upon the legal accuracy of the returning officer, fhall not over-rule it; but the clear, though modern evidence, shall prevail. It is a principle of conftruction to extend rather than to narrow the right of voting in favour of the franchife. The earnestness of the legiflature, and of the house itself, to reduce the law of elections to a regular fyftem, affifted by the indefatigable spirit and integrity of the committees, which have hitherto stood proof, and will, it is hoped, continue to do so, against the injustice arising from party-zeal, has already produced the most falutary effects, and has put the rights of the conftituent body almoft beyond the reach of oppreffion. Of calling a parliament. 151. CA P. IV. Of the iffuing of the Writ; the Execution and HAV Return thereof. par VING, in the preceding chapters, confidered the rife and progrefs of liamentary reprefentation, who are capable of being elected, and who of electing, to a feat in parliament; I come laftly to confider the mode of election. And in order to give a compleat view of the subject, it is necessary to investigate the whole of the proceeding, from the warrant for iffuing the writ to the return of it into chancery. The calling of the parliament into actual exiftence, depended originally entirely upon the will of the crown. The convention parliament, and the parliament at the revolution, were felf-erected, the throne being vacant, and Vide 1 Bl. Com. arofe from neceffity, which fuperfedes all law. The parliament originally was fummoned pro re nata, merely for a particular purpose generally that of affeffing an aid or fcutage, and was then immediately diffolved, and summoned no more till the neceffities or the humour of the crown again impelled or induced it to exert its prerogative. But as there were privileges as well as burdens annexed to this attendance; and amongst others, none fo va & 3 E. 2. Pryn. Par. Red. part, p. 68. luable |