(8.) Revising Barristers for

Counties.

vote at the booth for the district where such premises are situate.

Judges of assize to name barristers, who shall

Guildhall, and who are or shall be also entitled to vote in such election as owner or tenant of premises in such city, shall be entitled to vote at any such election at the booth or place appointed for the parish, district, or part wherein the property may be situate in respect of which he is so entitled to vote as aforesaid; and that such vote shall le entered in the poll-books either as the vote of a liveryman, or as owner or tenant, as the person so voting shall direct."

VIII. Appointment and Duties of Revising Barristers for Counties.

By 2 Wil. IV. c. 45, sect. 41, "the Lord Chief Justice of the Court of King's Bench for the time being shall in the month of July or August in every year nominate and appoint for Middlesex, and the senior judge for the time being revise county lists. in the commission of assize for every other county shall, when travelling the summer circuit, in every year, nominate and appoint for every such county, or for each of the ridings, parts, or divisions of such county, a barrister or barristers to revise the lists of voters in the election of a knight or knights of the shire; and such barrister or barristers so appointed as aforesaid shall give public notice, as well by advertisement in some of the newspapers circulating within the county, riding, parts, or division, as also by a notice to be fixed in some public and conspicuous situation at the principal place of election for the county, riding, parts, or division (such last-mentioned notice to be given three days at the least before the commencement of his or their circuit), that he or they will make a circuit of the county, riding, parts, or division, for which he or they shall be so appointed, and of the several times and places at which he or they will hold courts for that purpose, such times being between the fifteenth day of September inclusive and the twenty-fifth day of October inclusive in every year, and he or they shall hold open courts for that purpose at the times and places so to be announced; and where two or more barristers shall be appointed for the same county, riding, parts, or division, they shall attend at the same places together, but shall sit apart from each other, and hold separate courts at the same time for the despatch of business provided always, that no member of parliament, nor any person holding any office or place of profit under the crown, shall be appointed such barrister, and that no barrister so appointed as aforesaid shall be eligible to serve in parliament for eighteen months from the time of such his appointment for the county, riding, parts, or division for which he shall be so appointed."

Clerk of the

peace and overseers to attend

who shall retain

on the county

objected to, and

expunge those objected to, and not qualified.

:

By sect. 42, "the clerk of the peace shall, at the opening of the first court to be held by every such barrister for any county, or for any riding, parts, or division of a county, produce or cause to be produced before him the before barristers, several lists of voters for such county, riding, parts, or division, which shall have been delivered to such clerk of the peace by the high constables as lists all names not aforesaid; and the overseers of every parish and township who shall have made out the lists of voters shall attend the court to be held by every such barrister at the place appointed for revising the lists relating to such parish or township respectively, and shall also deliver to such barrister a copy of the list of the persons objected to, so made out by them as aforesaid; and the said overseers shall answer upon oath all such questions as such barrister may put to them or any of them touching any matter necessary for revising the lists of voters; and every such barrister shall retain on the lists of voters the names of all persons to whom no objection shall have been made by the overseers, or by any other person, in the manner herein-before mentioned; and he shall also retain on the list of voters the name of every person who shall have been objected to by any person other than the overseers, unless the party so objecting shall appear by himself or by some one on his behalf in support of such objection; and where the name of any person inserted in the list of voters shall have been objected to by the overseers, or by any other person, in the manner herein-before mentioned, and such person so objecting shall appear by himself or by some one on his behalf in support of such objection, every such barrister shall require it to be proved that the person so objected to was entitled on the last day of July then next preceding to

omissions.

have his name inserted in the list of voters in respect of the qualification (9.) Revising described in such list; and in case the same shall not be proved to the satis- Barristers for faction of such barrister, or in case it shall be proved that such person was Boroughs. then incapacitated by any law or statute from voting in the election of members to serve in parliament, such barrister shall expunge the name of every such person from the said lists; and he shall also expunge from the said lists the name of every person who shall be proved to him to be dead; and May rectify misshall correct any mistake which shall be proved to him to have been made takes and supply in any of the said lists as to any of the particulars by this act required to be inserted in such lists; and where the christian name of any person, or his place of abode, or the nature of his qualification, or the local or other description of his property, or the name of the tenant in the occupation thereof, as the same respectively are required to be inserted in any such list, shall be wholly omitted therefrom, such barrister shall expunge the name of every such person from such list, unless the matter or matters so omitted be supplied to the satisfaction of such barrister before he shall have completed the revision of such list, in which case he shall then and there insert the same in such list: provided always, that no person's name shall be expunged Proviso not to from any such list except in case of his death, or of his being objected to on the expunge except, margin of the list by the overseers as aforesaid, or except in case of any such &c. omission or omissions as herein-before last mentioned, unless such notice as is herein-before required in that behalf shall have been given to the overseers, nor unless such notice as is herein-before required in that behalf shall have been given to such person, or left at his place of abode, or delivered to his tenant, as herein-before mentioned."

claimants omitted

By sect. 43,"if it shall happen that any person who shall have given to the Barrister may overseers of any parish or township due notice of his claim to have his name insert in county inserted in the list of voters in the election of a knight or knights of the lists names of shire shall have been omitted by such overseers from such list, it shall be by overseers on lawful for the barrister, upon the revision of such list, to insert therein the proof of claim name of the person so omitted, in case it shall be proved to the satisfaction and qualification. of such barrister that such person gave due notice of such his claim to the said overseers, and that he was entitled on the last day of July then next preceding to be inserted in the list of voters in the election of a knight or knights of the shire for the county, or for the riding, parts, or division of the county, wherein the parish or township of such overseers may be situate, in respect of any lands or tenements within such parish or township."

IX. Appointment and Duties of Revising Barristers for Boroughs.

By 2 Wil. IV. c. 45, s. 49, "the Lord Chief Justice of the Court of King's Judges to name Bench for the time being shall, in the month of July or August in every barristers to revise year, nominate and appoint so many barristers as the said Lord Chief Jus- borough lists. tice shall deem necessary to revise the respective lists of voters for the city of London and for the city of Westminster, and for the several boroughs in the county of Middlesex; and the senior judge for the time being in the commission of assize for every other county shall, when travelling the summer circuit, in every year, nominate and appoint so many barristers as the said judge shall deem necessary, to revise the respective lists of voters, as well for the several cities and boroughs in every such county, as for every city and town, and county of a city and town, next adjoining to any such county; and the town and county of the town of Kingston-upon-Hull shall for this purpose be considered as next adjoining to the county of York, and the town and county of the town of Newcastle-upon-Tyne as next adjoining to the county of Northumberland, and the city and county of the city of Bristol as next adjoining to the county of Somerset; and the said Lord Chief Justice and Judge respectively shall have power to nominate and appoint one or more barristers to revise the lists for the same city or borough or other place as aforesaid, or one barrister only, to revise the lists for several cities, boVOL. V.

D

(9.) Revising Barristers for Boroughs.

Barrister to

revise lists, and upon due proof

to insert and expinge names.

roughs, and other places as aforesaid : provided always, that no member of parliament, nor any person holding any office or place of profit under the crown, shall be appointed as such barrister as aforesaid, and that no barrister so appointed as aforesaid shall be eligible to serve in parliament for eighteen months from the time of his appointment for any city, borough, or other place as aforesaid for which he shall be so appointed: provided also, that nothing herein contained shall prevent the same barrister from being appointed to revise the lists for two or more counties, ridings, parts, or divisions, or for any county, riding, parts, or division, and any one or more of the cities or boroughs therein."

By sect. 50, "the barrister or barristers so appointed to revise the lists of voters for any city or borough shall hold an open court or courts for that purpose within such city or borough, and also within every place sharing in the election for such city or borough, at some time beween the fifteenth day of September inclusive and the twenty-fifth day of October inclusive in every year, having first given three clear days notice of the holding of such court or courts, to be fixed on the doors of all the churches and chapels within such city, borough, or place respectively, or if there be no church or chapel therein, then to be fixed in some public and conspicuous situation within the same respectively; and the overseers and town clerks, who shall have made out the lists of voters as aforesaid, and in the case of the city of London the returning officer or officers of the said city, shall, at the opening of the first court to be held by every such barrister for revising such lists, produce their respective lists before him; and the said overseers and town clerks shall also deliver to such barrister a copy of the list of the persons objected to, so made out by them as aforesaid; and the clerks of the several livery companies of the city of London, and the town clerk of every other city or borough, or place sharing in the election therewith, and the several overseers within every city, borough, or place, as aforesaid, shall attend the court to be held by every such barrister for any such city, borough, or place as aforesaid, and shall answer upon oath all such questions as such barrister may put to them or any of them touching any matter necessary for revising the lists of voters; and every such barrister shall insert in such lists the name of every person who shall be proved to his satisfaction to have been entitled on the last day of July then next preceding to have his name inserted in any such list of voters for such city or borough; and such barrister shall retain on the lists of voters for such city or borough the names of all persons to whom no objection shall have been made in the manner herein-before mentioned, and he shall also retain on the said lists the name of every person who shall have been objected to by any person, unless the party so objecting shall appear by himself, or by some one on his behalf, in support of such objection; and where the name of any person inserted in the list of voters for such city or borough shall have been objected to in the manner herein-before mentioned, and the person so objecting shall appear by himself, or by some one on his behalf, in support of such objection, every such barrister shall require it to be proved that the person so objected to was entitled on the last day of July then next preceding to have his name inserted in the list of voters for such city or borough in respect of the qualification described in such list, and in case the same shall not be proved to the satisfaction of such barrister, or in case it shall be proved that such person was then incapacitated by any law or statute from voting in the election of members to serve in parliament, such barrister shall expunge the name of every such person from the said lists, and he shall also expunge from the said lists the name of every person who shall be proved to him to be dead, and shall correct any mistake which shall be proved to him to have been made in any of the said lists as to any May rectify mis- of the particulars by this act required to be inserted in such lists; and where takes and supply the christian name, or the place of abode, or the nature of the qualification, or the local description of the property of any person who shall be included in any such list, shall be wholly omitted in such list in any case where the same is by this act directed to be specified therein, such barrister shall expunge the name of every such person from such list, unless the matter or

omissions in the lists.

matters so omitted be supplied to the satisfaction of such barrister before he (9.) Revising shall have completed the revision of such list, in which case he shall then Barristers for and there insert the same in such list: provided always, that no person's Boroughs. name shall be inserted by such barrister in any such list, for any city or borough, or shall be expunged therefrom, except in the case of death, or of such omission or omissions as herein-before last mentioned, unless such notice shall have been given as is herein-before required in each of the said cases."

By sect. 51," the overseers of every parish or township shall, for their assist- May inspect tax ance in making out the lists in pursuance of this act (upon request made by assessments and them or any of them at any reasonable time between the first day of June rate books. and the last day of July in any year, to any assessor or collector of taxes, or to any other officer having the custody of any duplicate or tax assessment for such parish or township), have free liberty to inspect any such duplicate or tax assessment, and to extract from thence such particulars as may appear

to such overseer or overseers to be necessary; and every barrister appointed Barrister may reunder this act shall have power to require any assessor, collector of taxes, quire production. or other officer having the custody of any duplicate or tax assessment, or any overseer or overseers having the custody of any poor rate, to produce the same respectively before him at any court to be held by him, for the purpose of assisting him in revising the lists to be by him revised in pursuance of this act."

By sect. 52, "every barrister holding any court under this act as aforesaid Barrister's power shall have power to adjourn the same from time to time, and from any one of adjourning, of place to any other place or places within the same county, riding, parts, or administering division, or within the same city or borough, or within any place sharing in oaths, &c.; the election for such city or borough, but so as that no such adjourned court shall be held after the twenty-fifth day of October in any year; and every such barrister shall have power to administer an oath (or, in the case of a Quaker or Moravian, an affirmation) to all persons making objection to the insertion or omission of any name in any of such lists as aforesaid, and to all persons objected to or claiming to be inserted in any of such lists, or claiming to have any mistake corrected or any omission supplied in any of such lists, and to all witnesses who may be tendered on either side; and if any person taking any oath or making any affirmation under this act shall wilfully swear or affirm falsely, such person shall be deemed guilty of perjury, and shall be punished accordingly; and at the holding of such respective courts the parties shall not be attended by counsel; and every such barrister shall, upon the hearing in open court, finally determine upon the validity of such claims and objections, and shall for that purpose have the same powers and proceed in the same manner (except where otherwise directed by this act) as the returning officer of any county, city, or borough, according to the laws and usages now observed at elections; and such Must settle and barrister shall in open court write his initials against the names respectively sign the lists in struck out or inserted, and against any part of the said lists in which any open court. mistake shall have been corrected or any omission supplied, and shall sign his name to every page of the several lists so settled."

need.

By sect. 53, "if it shall be made to appear to the Lord Chief Justice or Judges to appoint Judge who shall have appointed any barrister or barristers under this act additional barristo revise the list of voters, that by reason of the death, illness, or absence of ters in case of any such barrister or barristers, or by reason of the insufficiency of the number of such barristers, or from any other cause, such lists cannot be revised within the period directed by this act, it shall be lawful for such Lord Chief Justice or Judge, and he is hereby required, to appoint one or more barrister or barristers to act in the place of or in addition to the barrister or barristers originally appointed; and such barrister or barristers so subsequently appointed shall have the same powers and authorities in every respect as if they had been originally appointed by such Lord Chief Justice or Judge."

By sect. 54, "the lists of voters for each county, or for the riding, parts, or County lists to be division of each county, so signed as aforesaid by any such barrister, shall transmitted to

(9.) Revising Barristers for Boroughs.

clerk of the peace;

ed to his succes

sor.

Lists to be copied

into books, with the names numbered.

be forthwith transmitted by him to the clerk of the peace of the county, riding, or parts for which such barrister shall have been appointed; and the clerk of the peace shall keep the said lists among the records of the sessions, arranged with every hundred in alphabetical order, and with every parish borough lists to be and township within such hundred likewise in alphabetical order, and shall kept by returning forthwith cause the said lists to be fairly and truly copied in the same order officer, and hand- in a book to be by him provided for that purpose, and shall prefix to every name so copied out its proper number, beginning the numbers from the first name, and continuing them in a regular series down to the last name, and shall complete and deliver such book on or before the last day of October in every year to the sheriff of the county, or his under sheriff, who shall safely keep the same, and shall at the expiration of his office deliver over the same to the succeeding sheriff or his under sheriff; and the lists of voters for each city or borough, so signed as aforesaid by any such barrister, shall be forthwith delivered by him to the returning officer for such city or borough, who shall safely keep the same, and shall cause the said lists to be fairly and truly copied in a book to be by him provided for that purpose, with every name therein numbered according to the directions aforesaid, and shall cause such book to be completed on or before the last day of October in every year, and shall deliver over such book, together with the lists, at the expiration of his office, to the person succeeding him in such office."

Register to be in force from 1st

Nov. to 1st Nov.

Copies of the

lists and of the registers to be printed for sale.

Expenses of

overseers, clerks

of the peace, &c. how defrayed.

After providing for the possibility of an election in that or the following year (1833), the clause continues:-"And every such book to be so completed on or before the last day of October in every year, shall be the register of electors to vote at any election which shall take place between the first day of November inclusive in the year wherein such respective register shall have been made and the first day of November in the succeeding year."

By sect. 55," the overseers of every parish and township shall cause to he written or printed copies of the lists so by them to be made in the present and in every succeeding year, and shall deliver such copies to all persons applying for the same, on payment of a reasonable price for each copy; and the monies arising from the sale thereof shall be accounted for by the said overseers, and applied to the same purposes as monies collected for the relief of the poor; and the clerks of the peace shall cause to be written or printed copies of the registers of the electors for their respective counties, ridings, or parts, or for the divisions of their respective counties; and the returning officer of every city or borough shall cause to be written or printed copies of the register of the electors for such city or borough; and every such clerk of the peace, and every such returning officer, shall deliver such respective copies to all persons applying for the same, on payment of a reasonable price for each copy; and the monies arising from the sale of all such copies shall be accounted for to the treasurer of the county, riding, or parts."

By sect. 56," for the purpose of defraying the expenses to be incurred by the overseers of the poor and by the clerk of the peace in carrying into effect the several provisions of this act, so far as relates to the electors for any county, or for any riding, parts, or division of a county, every person, upon giving notice of his claim as such elector to the overseers, as herein-before mentioned, shall pay or cause to be paid to the said overseers the sum of one shilling; and such notice of claim shall not be deemed valid until such sum shall have been paid; and the overseers of each parish or township shall add all monies so received by them to the money collected or to be collected for the relief of the poor in such parish or township, and such monies so added shall be applicable to the same purposes as monies collected for the relief of the poor; and for the purpose of defraying the expenses to be incurred by the returning officer of every city and borough, and by the overseers of the several parishes and townships in every city and borough, and place sharing in the election therewith, in carrying into effect the provisions of this act, so far as relates to the electors for such city or borough, every such elector whose name shall be upon the register of voters for such