(2.) Electors by more persons than one as owners or tenants, each of such joint occupiers for Counties. shall, subject to the conditions herein-before contained as to persons occupying premises in any such city, borough, or place, be entitled to vote in the election for such city or borough, in respect of the premises so jointly occupied, in case the clear yearly value of such premises shall be of an amount which, when divided by the number of such occupiers, shall give a sum of not less than ten pounds for each and every such occupier, but not otherwise."

Occupiers may demand to be

rated.

Occupiers of houses, &c. of

of 101.

By sect. 30," in every city or borough which shall return a member or members to serve in any future parliament, and in every place sharing in the election for such city or borough, it shall be lawful for any person occupying any house, warehouse, counting-house, shop, or other building, either separately, or jointly with any land occupied therewith by him as owner, or occupied therewith by him as tenant under the same landlord, in any parish or township in which there shall be a rate for the relief of the poor, to claim to be rated to the relief of the poor in respect of such premises, whether the landlord shall or shall not be liable to be rated to the relief of the poor in respect thereof; and upon such occupier so claiming and actually paying or tendering the full amount of the rate or rates, if any, then due in respect of such premises, the overseers of the parish or township in which such premises are situate are hereby required to put the name of such occupier upon the rate for the time being; and in case such overseers shall neglect or refuse so to do, such occupier shall nevertheless for the purposes of this act be deemed to have been rated to the relief of the poor in respect of such premises from the period at which the rate shall have been made in respect of which he shall have so claimed to be rated as aforesaid: provided always, that where by virtue of any act of parliament the landlord shall be liable to the payment of the rate for the relief of the poor in respect of any premises occupied by his tenant, nothing herein contained shall be deemed to vary or discharge the liability of such landlord; but in case the tenant who shall have been rated for such premises in consequence of any such claim as aforesaid shall make default in the payment of the poor's rate due in respect thereof, such landlord shall be and remain liable for the payment thereof in the same manner as if he alone had been rated in respect of the premises so occupied by his tenant.”

III. Qualification of Electors to bote in the Election of Members for Boroughs.

By the 2 Wil. IV. c. 45, s. 27," in every city or borough which shall return a member or members to serve in any future parliament, every male person the annual value of full age, and not subject to any legal incapacity, who shall occupy, within such city or borough, or within any place sharing in the election for such city or borough, as owner or tenant, any house, warehouse, counting-house, shop, or other building, being, either separately, or jointly with any land within such city, borough, or place occupied therewith by him as owner, or occupied therewith by him as tenant under the same landlord, of the clear yearly value of not less than ten pounds, shall, if duly registered according to the provisions hereinafter contained, be entitled to vote in the election of a member or members to serve in any future parliament for such city or borough: provided always, that no such person shall be so registered in any to the poor rate; year unless he shall have occupied such premises as aforesaid for twelve calendar months next previous to the last day of July in such year, nor unless such person, where such premises are situate in any parish or township in which there shall be a rate for the relief of the poor, shall have been rated in respect of such premises to all rates for the relief of the poor in such parish or township made during the time of such his occupation so required as aforesaid, nor unless such person shall have paid, on or before rate and assessed the twentieth day of July in such year, all the poor's rates and assessed taxes which shall have become payable from him in respect of such premises

Must be rated

and have paid

taxes.

previously to the sixth day of April then next preceding: provided also, (3.) Electors' that no such person shall be so registered in any year unless he shall have Qualification resided for six calendar months next previous to the last day of July in such for Boroughs. year within the city or borough, or within the place sharing in the election for the city or borough, in respect of which city, borough, or place respec- required. tively be shall be entitled to vote, or within seven statute miles thereof, or of any part thereof."

Though the cellar or other apartment of a house have been let off, yet the occupier of the house is deemed the occupier of the whole, unless it be shown that all communication is cut off between it and the part so let off.

The true meaning of the term " occupier" is clearly defined by Mr. Justice Littledale, in Rer v. Ditcheat, 9 B. & Cres. 185," that it is not necessary, in order to make a man an occupier, that he should actually sleep or take his meals in a house, or that his family should actually dwell in the whole house; but the law considers him for this purpose an occupier, if he hold the whole, and by himself or family occupy a part. The words occupation of a house' imply personal residence; but if a lessee of a house dwell in any part of it, though he let the other part, he, in point of law, is to be considered as occupier of the whole."

The occupier must be rated in his own name, and have paid up all the rates to which he was liable during such occupation.

Residence also

March, 1831.

Burgage Tenure.]-By sect. 35, "no person shall be entitled to vote in the Exclusion of election of a member or members to serve in any future parliament for any certain rights of city or borough (other than a city or town being a county of itself, in the voting acquired election for which freeholders or burgage tenants have a right to vote as since the 1st of herein-before mentioned), in respect of any estate or interest in any burgage tenement or freehold which shall have been acquired by such person since the first day of March one thousand eight hundred and thirty-one, unless the same shall have come to or been acquired by such person, since that day, and previously to the passing of this act, by descent, succession, marriage, marriage settlement, devise, or promotion to any benefice in a church, or by promotion to any office."

counties of them

By sect. 31, "in every city or town being a county of itself, in the election Freeholders for which freeholders or burgage tenants, either with or without any super- voting for cities added qualification, now have a right to vote, every such freeholder or bur- and towns being gage tenant shall be entitled to vote in the election of a member or mem- selves. bers to serve in all future parliaments for such city or town, provided he shall be duly registered according to the provisions herein-after contained; but no such person shall be so registered in any year in respect of any freehold or burgage tenement, unless he shall have been in the actual possession thereof, or in the receipt of the rents and profits thereof, for his own use, for twelve calendar months next previous to the last day of July in such year, (except where the same shall have come to him, at any time within such twelve months, by descent, succession, marriage, marriage settlement, devise, or promotion to any benefice in a church, or to any office,) nor unless he shall have resided for six calendar months next previous to the last day of July in such year within such city or town, or within seven statute miles thereof, or of any part thereof: provided always, that nothing in this enact- To extend to ment contained shall be deemed to vary or abridge the provisions herein- freeholds within before made relative to the right of voting for any city or town being a county daries. of itself, in respect of any freehold for life or lives: provided also, that every freehold or burgage tenement which may be situate without the present limits of any such city or town being a county of itself, but within the limits of such

the new boun

city or town as the same shall be settled and described by the act to be passed 2 & 3 W. 4, c. 64,

for that purpose as herein-before mentioned, shall confer the right of voting in post, 75.

the election of a member or members to serve in any future parliament for

such city or town in the same manner as if such freehold or burgage tenement were situate within the present limits thereof."

(4.) Electors,

Reservation of
Burgesses'

Rights.

Not to vote in boroughs, unless resident, &c.

Exclusive of freemen created since the 1st of March, 1831.

IV. Burgesses, Freemen, and Liberymen.

Reservation of Rights to those formerly entitled to vote, under certain Restrictions.]-By the 2 Wil. IV. c. 45, s. 32, “ every person who would

"have been entitled to vote in the election of a member or members to serve in any future parliament for any city or borough not included in the schedule marked (A.) to this act annexed, either as a burgess or freemen, or in the city of London as a freeman and liveryman, if this act had not been passed, shall be entitled to vote in such election, provided such person shall be duly registered according to the provisions herein-after contained; but that no such person shall be so registered in any year, unless he shall, on the last day of July in such year, be qualified in such manner as would entitle him then to vote if such day were the day of election, and this act had not been passed, nor unless, where he shall be a burgess or freeman, or freeman and liveryman of any city or borough, he shall have resided for six calendar months next previous to the last day of July in such year within such city or borough, or within seven statute miles from the place where the poll for such city or borough shall heretofore have been taken, nor unless, where he shall be a burgess or freeman of any place sharing in the election for any city or borough, he shall have resided for six calendar months next previous to the last day of July in such year within such respective place so sharing as aforesaid, or within seven statute miles of the place mentioned in conjunction with such respective place so sharing as aforesaid and named in the second column of the schedule marked (E. 2.) to this act annexed: provided always, that no person who shall have been elected, made, or admitted a burgess or freeman since the first day of March one thousand eight hundred and thirty-one, otherwise than in respect of birth or servitude, or who shall hereafter be elected, made, or admitted a burgess or freeman, otherwise than in respect of birth or servitude, shall be entitled to vote as such in any such election for any city or borough as aforesaid, or to be so registered as aforesaid: provided also, that no person shall be so entitled as a burgess or freeman in respect of birth unless his right be originally derived from or through some person who was a burgess or freeman, or entitled to be admitted a burgess or freeman, previously to the first day of March in the year one thousand eight hundred and thirty-one, or from or through some person who since that time shall have become or shall hereafter become a burgess or freeman in respect of servitude: provided also, that every person who would have been entitled, if this act had not been passed, to vote as a burgess or freeman of Freemen of Swan- Swansea, Loughor, Neath, Aberavon, or Ken-fig, in the election of a memsea, Loughor, ber to serve in any future parliament for the borough of Cardiff, shall cease to vote in such election, and shall instead thereof be entitled to vote as such burgess or freeman in the election of a member to serve in all future parliaments for the borough composed of the towns of Swansea, Loughor, Neath, Aberavon, and Ken-fig, subject always to the provisions herein-before contained with regard to a burgess or freeman of any place sharing in the election for any city or borough,"

Exception.

Neath, Aberavon, and Ken-fig.

Reservation of

other rights of

By sect. 33,"no person shall be entitled to vote in the election of a member or members to serve in any future parliament for any city or borough, save voting in boroughs, and except in respect of some right conferred by this act, or as a burgess or freeman, or as a freeman and liveryman, or, in the case of a city or town being a county of itself, as a freeholder or burgage tenant, as herein-before mentioned provided always, that every person now having a right to vote in the election for any city or borough (except those enumerated in the said schedule (A.),) in virtue of any other qualification than as a burgess or freeman, or as a freeman and liveryman, or, in the case of a city or town being a county of itself, as a freeholder or burgage tenant, as herein-before mentioned, shall retain such right of voting so long as he shall be qualified as an elector according to the usages and customs of such city or borough or any law now in force, and such person shall be entitled to vote in the election of a mem ber or members to serve in any future parliament for such city or borough,

Residence, &c.

required.

if duly registered according to the provisions herein-after contained; but no (4.) Electors, such person shall be so registered in any year unless he shall, on the last day Reservation of of July in such year, be qualified as such elector in such manner as would Burgesses' entitle him then to role if such day were the day of election and this act had Rights. not been passed, nor unless such person, where his qualification shall be in any city or borough, shall have resided for six calendar months next previous to the last day of July in such year within such city or borough, or within seven statute miles from the place where the poll for such city or borough shall heretofore have been taken, nor unless such person, where his qualification shall be within any place sharing in the election for any city or borough, shall have resided for six calendar months next previous to the last day of July in such year within such respective place so sharing as aforesaid, or within seven statute miles of the place mentioned in conjunction with such respective place so sharing as aforesaid, and named in the second column of the schedule marked (E. 2.) to this act annexed: provided nevertheless, that every such person shall for ever cease to enjoy such right of veting for any such city or borough as aforesaid if his name shall have been omitted for two successive years from the register of such voters for such city Two years' omisor borough herein-after directed to be made, unless he shall have been so sion from the omitted in consequence of his having received parochial relief within twelve register to disquacalendar months next previous to the last day of July in any year, or in consequence of his absence on the naval or military service of his majesty." The peculiar wording of this section, that the freeman must be qualified according to his former existing right, renders it essential that he must ground his claim with reference to the ancient boundaries and limits of the borough, and not with those as constituted by the act 3 & 4 Wil. IV. c. 64.

lify absolutely.

New Shoreham,

By sect. 34, "every person now having a right to vote for the borough of Provision as to New Shoreham, or of Cricklade, Aylesbury, or East Retford respectively, in persons now enrespect of any freehold, wheresoever the same may be situate, shall retain titled to vote for such right of voting, subject always to the same provisions as are herein- Cricklade, Aylesbefore mentioned with regard to persons whose right of voting for any bury, or East Retborough is saved and reserved by this act, save and except that such per- ford in respect of sons now having a right to vote for the borough of New Shoreham, or of freeholds. Cricklade, Aylesbury, or East Retford respectively, shall not be registered in any year unless they shall have resided for six calendar months next previous to the last day of July in such year within the borough of New Shoreham, or of Cricklade, Aylesbury, or East Retford respectively, as defined by this act, or within seven statute miles of such respective borough, or of any part thereof; and for the purpose of the registration herein-after required, all persons not having a right to vote for the borough of New Shoreham, in respect of any freeholds which may be situate in the borough of Horsham, or for the borough of Cricklade in respect of any freeholds which may be situate in the borough of Malmsbury, as such boroughs of Horsham or Malmsbury may respectively be defined by the act to be passed for that purpose as herein-before mentioned, shall be inserted in the list of voters herein-after directed to be made by the overseers of that parish or township within the borough of New Shoreham or the borough of Cricklade respectively, as defined by this act, which shall be next adjoining to the parish or township in which such freeholds shall respectively be situate; and if the parish or township in which any such freeholds shall be situate shall adjoin two or more parishes or townships within either of the said boroughs of New Shoreham or Cricklade, the persons so having a right to vote in respect of such freeholds shall be inserted in the list of voters to be made by the overseers of the least populous of such adjoining parishes or townships, according to the last census for the time being."

V. General Disqualification of Electors.

By the 7 & 8 Wil. 3, c. 25, s. 8, no person shall be admitted to vote under Infants. the age of twenty-one years.

(5.) Electors,

general Dis

Women cannot vote. (4 Inst. 5.)

Nor can aliens, (12 Journal, 367); unless made denizens by letters patent,

qualification of or naturalized by statute. (Shepherd, 1.)

Women.
Aliens.

Idiots, &c.

Perjury.

Peers.

Papists.

Persons employed in the revenue.

Not to extend to coal-meters or

city of London.

Nor can idiots or lunatics (except during lucid intervals).

Nor persons convicted of perjury or bribery.

Nor peers of the realm, except Irish peers representing a county or borough of Great Britain.

And papists were once disabled if they refused the oaths of allegiance, supremacy, or abjuration; but these disabilities have been removed in Ireland by 33 Geo. III. c. 21, 10 Geo. IV. c. 7, s. 5, and in Great Britain by 10 Geo. IV. c. 7, s. 5; and a particular oath was set forth.

By the 22 Geo. III. c. 41, no person employed in managing the duties of excise, customs, stamp-duties, salt, houses and windows, or revenue of the Post Office, shall be capable of voting for a member to serve in parliament; and if he shall presume to vote during the time that he shall hold such office, or within twelve calendar months after he shall have ceased to hold the same, his vote shall be void, and he shall forfeit 1007. (See 1 Fras. 164; 1 Peck. 397; 2 Lud. 561, 558; Shep. 3.)

By the 51 Geo. III. c. 84, nothing in the 22 Geo. III. c. 41, shall extend to the coal-meters or corn-meters of the city of London, to render such corn-meters of the coal-meters or corn-meters incapable of giving their votes for members to serve in parliament as other persons having a right of voting may do, provided such coal-meters and corn-meters shall not receive or be entitled to receive any salary, fee, or reward, payable out of the revenue of customs, or other public revenues of the crown.

Police magistrates, &c.

Persons employed at elections.

Receiving alms

or parochial relief.

Fraudulent conveyance.

Police magistrates, receivers of fees at the police offices, Thames police surveyors and constables, whilst they remain in office, and for six months afterwards, are incapable of voting for Middlesex, Surrey, London, Westminster, Tower Hamlets, Finsbury, Marylebone, Southwark, or Lambeth, under a penalty of 1007. (10 Geo. IV. c. 44, s. 18; 3 Wil. IV. c. 19, s. 19); nor can they in any way interfere in persuading electors to vote, &c.; see post, "Police.”

Persons employed at elections, or within six months before, or a fortnight after, as counsel, agent, attorney, poll-clerk, flagman, or in any other capacity for the purposes of the election, are, if they receive at any time any money, &c., or place, in consideration of such employment, disqualified. (7 & 8 Geo. IV. c. 36.)

The receipt of alms, or parish relief, as such, at any time within a limited time before the election, generally a year, (2 Dougl. 126,) though in particular cases this period is extended either by act of parliament, as in London (11 Geo. I. c. 18, s. 14), or by a determination of the House of Commons, (2 Dougl. 105,) or special usage, will disqualify the voter, (Shepherd, 4, and the authorities there collected). Almsmen, or those living in alms-houses, (1 Dougl. 277). Where the right of voting accrues after the receipt of relief, as by marrying the daughter of a freeman, the previous relief within the year will not affect it. (1 Peck. 72.)

By the 18 Geo. III. c. 59, s. 25, "any relief given to the family of any militia-man during the time of actual service, shall not deprive such militiaman from voting for the election of any member to serve in parliament."

By the 2 Wil. 4, c. 45, s. 36, "no person is entitled to be registered in any year as a voter in the election of a member or members to serve in any future parliament for any city or borough, who shall within twelve calendar months next previous to the last day of July in such year have received parochial relief or other alms which by the law of parliament now disqualify from voting in the election of members to serve in parliament."

Sect. 5. No person shall vote for any estate which was granted to him fraudulently, on purpose to qualify him to give his vote.

By the 10 Anne, c. 23, s. 1, all such conveyances, fraudulently made to qualify any person to vote, subject to conditions to defeat the same, shall be deemed and taken as absolute against the person executing the same, and