occupies a separate sleeping apartment, e.g., above a detached laundry or stable, but takes his meals in his master's kitchen, or in a servants'-hall; and the case would be still more difficult if a man occupying such a separate sleeping apartment were on board wages, and took his meals outside his master's premises altogether.

3. Lodger Franchise.

Before 1868 lodgers were admitted to the franchise under the Reform Act, 1832, as tenants of apartments in a dwelling-house let furnished for a weekly, monthly, or other termly rent or payment. A lodger differs from an ordinary tenant in so far as he has no direct connection with the house or its furniture, but has merely the sole and separate use of a certain portion of both, under arrangement with the actual occupier. His name is not entered on the Valuation Roll, and he is not liable in poor-rates. In burghs the lodger franchise was the subject of express enactment under the Reform Act, 1868. Section 4 provided that 'every man 'shall in and after the year 1868 be entitled to be registered as a voter, and when registered to vote for a member or members to serve in Parliament for a burgh, who is qualified 'as follows (that is to say):

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1. Is of full age, and not subject to any legal incapacity;

' and

2. As a lodger has occupied in the same burgh separately, ' and as sole tenant, for the twelve months preceding the last day of July in any year, lodgings of a 'clear yearly value, if let unfurnished, of £10 or ' upwards; and

3. Has resided in such lodgings during the twelve months immediately preceding the last day of July, and

has claimed to be registered as a voter at the next ensuing registration of voters.'

The following points are to be noted in regard to the lodger franchise thus constituted:-(1.) The conditions or disqualifications arising from age and legal incapacity apply as in the household franchise. (2.) Lodgings of the necessary value must have been personally occupied within the burgh (defined by § 59 to include a district of burghs) for

twelve months before 31st July, but not, it would seem, necessarily down to the holding of the Registration Court. (3.) The lodger must have occupied 'separately and as sole tenant,' thereby excluding the claims of joint-lodgers. (4.) The principle of successive occupancy, as contained in § 13 of the Act of 1868, applied to lodgers occupying different lodgings, either in the same house or in different houses. (5.) The conditions as to payment of rates do not apply to lodgers whose names, as already explained, do not appear on the Valuation Roll, and who are not liable to any local rate. (6.) The condition as to receipt of parochial relief is obviously inapplicable. (7.) Lodgers must claim every year.1

The Act of 1884 (§ 2) enacts . . . a uniform lodger 'franchise at elections shall be established in all counties and boroughs throughout the United Kingdom, and every man possessed of... a lodger qualification shall, if the qualifying premises be situated in a county in . . . Scotland, be entitled to be registered as a voter, and, when registered, 'to vote at an election for such county.' Further, § 7 (5) declares, 'The expression, "a lodger qualification" means, as ' respects Scotland, the qualification enacted by the fourth section of the Representation of the People (Scotland) Act, '1868, and the enactments amending or affecting the same, ' and the said section and enactments, so far as they are 'consistent with this Act, shall extend to counties in Scot'land.' It follows that, subject to the observations about to be made, all the conditions of the lodger franchise in the burghs, as constituted by the Act of 1868, and above explained, will apply to the lodger franchise in the counties established by the Act of 1884.

In the first place, the English Reform Act, 1867, did not disqualify joint-lodgers as the Scotch Reform Act, 1868, did. In order to assimilate the franchise in the two countries, it has now been enacted by § 13 of the Registration Act, 1885, that 'where lodgings are jointly occupied by more than one 'lodger, and the clear yearly value of the lodgings if let 'unfurnished is of an amount which, when divided by the number of the lodgers, gives a sum of not less than £10 for

1 See Nicolson, 95, 104; Adair v. M'Bride and Donald v. Adair, 13th Nov. 1879, 7 R. 38.

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each lodger, then each lodger, if otherwise qualified, and subject to the conditions of the Representation of the 'People (Scotland) Act, 1868, and of the Representation of 'the People Act, 1884, shall be entitled to be registered, and ' when registered to vote, as a lodger, provided that not more 'than two persons, being such joint-lodgers, shall be entitled 'to be registered in respect of such lodgings.'

In the second place, as already stated, it has been enacted by § 10 of the Redistribution of Seats Act, 1885, that 'the occupation in immediate succession of different premises situate within a parliamentary borough shall, for the purpose of qualifying a person for voting in any division of 'such borough in respect of occupation (otherwise than as a 'lodger), have the same effect as if all such premises were situate in that division of the borough in which the 'premises occupied by such person at the end of the period ' of qualification are situate.' Under this enactment it would appear, although the reason for the distinction is not very obvious, that while any other claimants moving from qualifying premises in one division of a burgh to similar premises in another division, may claim in respect of their successive occupancy, lodgers may not do so. In Scotland, as above stated, it would seem to be doubtful whether, under the Act of 1868, persons who had successively occupied lodgings in two burghs of a district of burghs could claim in respect of such successive occupancy.

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4. Occupation Franchise.

Section 5 of the Act of 1884 enacts: Every man occupy'ing any land or tenement' [and by § 11 the expression "land or tenement" includes any part of a house separately occupied for the purpose of any trade, business, or profession, and that expression, and also the expression “ heredita""ment" when used in this Act in Scotland, includes "lands and heritages,"] 'in a county or borough in the United Kingdom of a clear yearly value' [and by § 11 the expression "clear yearly value," as applied to any land or tenement, means in Scotland " the annual value as appear“ing in the valuation roll "] of not less than £10, shall be entitled to be registered as a voter, and when registered to

C

...

' vote at an election for such county or borough in respect of 'such occupation subject to the like conditions respectively as a man is, at the passing of this Act, entitled to be registered as a voter and to vote at an election for such 'county in respect of the county occupation franchise, and ' at an election for such borough in respect of the borough 'occupation franchise.' Then by § 7 (6) the expression "county occupation franchise" means as respects Scotland, the franchise enacted by the sixth section of the Representation of the People (Scotland) Act, 1868;" and by § 7 (7) the expression "borough occupation franchise” means... as respects Scotland, the franchise enacted by 'the eleventh section of the Act of the Session of the second and third years of the reign of King William the Fourth, chapter sixty-five.' Further, by § 7 (8) it is provided that any enactments amending or relating to the county occupation franchise or borough occupation franchise other than 'the sections in this Act in that behalf mentioned, shall be deemed to be referred to in the definition of the county occupation franchise, and the borough occupation franchise in this Act mentioned.'

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It will be convenient to consider the cases of counties and burghs separately :

:

(1.) County Occupation Franchise.

Section 6 of the Reform Act, 1868, is in these terms :Every man shall be entitled to be registered as a voter, and 'when registered to vote at elections for a member to serve in Parliament for a county, who, when the Sheriff proceeds 'to consider his right to be inserted or retained in the register of voters, is qualified as follows; that is to say,

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'1. Is of full age, and not subject to any legal incapacity; and

2. Is, and has been during the twelve calendar months 'immediately preceding the last day of July, in the 'actual personal occupancy as tenant of lands and heritages within the county, of the annual value ' of £14 or upwards, as appearing on the Valuation 'Roll of such county:

Provided that no man shall under this section be entitled to be registered, who, at any time, during the said period of

twelve calendar months, shall have been exempted from payment of poor-rates on the ground of inability to pay; or ' who shall have failed to pay on or before . . the 20th day of June in any subsequent year, all poor-rates (if any) that have become payable by him in respect of said lands and heritages up to the preceding 15th day of May; or who shall have been in the receipt of parochial relief within twelve ́ calendar months next preceding the said last day of July.'

The only alteration which § 5 of the Act of 1884 makes on this section is to substitute an annual value of £10 and upwards for an annual value of £14 and upwards as the qualifying value for the occupation franchise in counties. Every other requisite and condition of the franchise as established by § 6 of the Act of 1868 remains unaltered, whether as regards disqualifications, title of tenancy, character of qualifying premises, or nature and endurance of occupancy. (See Nicolson, 21, 42, 59, 71, 77.) Formally it is true § 6 is repealed by § 12 of the Act of 1884, 'except in so far as the enactments so repealed contain conditions made applicable 'by this Act to any franchise enacted by this Act.' But as we have seen, § 5 of the Act of 1884 maintains in regard to the county occupation franchise all the conditions contained in § 6 of the Act of 1868, except the qualifying value. The principle of successive occupancy is also applicable; but, as was the case under the Act of 1868, premises in one division of a county divided by the Redistribution Act, 1885, cannot be combined with premises in another division of the county, although occupied in immediate succession, so as to afford a qualification. (See § 9, and Nicolson, 73). The provision of 43 & 44 Vict. c. 6 will also apply, whereby it is enacted that a person may be registered under § 6 of the Reform Act, 1868, as the occupant of a house in a county 'notwithstanding that during a part of the qualifying period, not exceeding four months on the whole, he shall by letting or 'otherwise have permitted the qualifying premises to be occupied as a furnished house by some other person.'

(2.) Burgh Occupation Franchise.

Section 11 of the Reform Act, 1832, is in these terms: *Every person, not subject to any legal incapacity, shall be