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APPENDIX.

PART II.

CROWN OFFICE, 13th June, 1885.

SIR, I am directed by the Lord Advocate to transmit to you herewith copies of the Representation of the People Act, 1884, and of the Registration Amendment (Scotland) Act, 1885, and to draw your attention to the changes in the law made by these statutes (1) with respect to the qualifications of persons entitled to be registered as voters, and (2) with respect to the mode of making up the Register of Voters in Counties.

For the most part the Lord Advocate does not think that the provisions of these Acts would be made clearer by any commentary. But there are one or two points to which he desires to direct your special attention.

1. By section 8 (6) of the Representation of the People Act, 1884, ' all enactments of the Registration Acts which relate to the regis'tration of persons entitled to vote in burghs, including the pro'visions relating to dates, shall, with the necessary variations, and ' with the necessary alterations of notices and other forms, extend ' and apply to counties as well as to boroughs.'

c. 58.

The machinery for registration in burghs is provided by the 19 & 20 Vict. Burgh Registration Act, 1856, as amended with respect to the 31 & 32 Vict. dates by the Representation of the People (Scotland) Act, 1868. c. 48. The former Act, so amended, will consequently regulate, for the future, registration in counties also. Annexed hereto is a copy of the Act, showing the variations necessary in order to make it applicable to counties.

2. I am also to direct your attention to the special provisions of the two first-mentioned Acts, with respect to persons qualified under section 3 of the first-mentioned Act as possessing what has been called the 'service franchise.' In order to provide means for their appearing on the Register, the assessors are directed by section 9 (2) to ascertain whether any man other than the owner or other person rated or liable to be rated in respect of any lands and heritages, is entitled to be registered as a voter in respect of his being an inhabitant occupier of any dwelling-house on such lands and heritages, and to enter in the Valuation Roll the name of every man so entitled, and the description and situation of the dwellinghouse by which he is entitled; and for the purposes of such entry a separate column is directed to be added to the Valuation Roll. For obtaining the information necessary for this column, means are

provided by section 9 (3) of the first-mentioned Act, and section 4 of the Registration Act. Under these sections the assessors will obtain a list of the inhabitant occupiers of every dwelling-house, and it will be their duty to put upon the register the name of every man who, though not rated or liable to be rated, possesses a qualification entitling him to be registered as a voter.

3. You will observe, further, that while section 15 of the Representation of the People (Scotland) Act, 1868, which prescribes that the Assessor shall be bound to specify each dwelling-house in the Valuation Roll for Burghs, is repealed, this provision is, by section 6 of the Registration Amendment Act, re-enacted both for counties and for burghs. The word 'dwelling-house' is defined by section 7 (4) of the Representation of the People Act, 1884. Every house must be entered, although it may be empty or occupied by a female or a minor. It also follows that where the nature of the qualification is the tenancy of a farm on which there is a farm house, the subject should now be described not as 'Farm,' but as 'Farm and 'House,' in addition to specifying any other houses which may be upon the farm.

While the convenience of this provision is very obvious, I am to point out that the specification of a dwelling-house does not imply that the occupier is to be registered as a voter, unless he is a man of full age possessing some legal qualification entitling him to be so registered.

4. I am also to call your attention to the introduction of the Lodger Franchise into counties by section 2 of the Representation of the People Act, 1884. The nature of the qualification is stated in section 4 of the Representation of the People (Scotland) Act, 1868, and the requisite forms are given in Schedule I. to that Act. The law as to this Franchise is further amended by sections 13 and 14 of the Registration Amendment (Scotland) Act, 1885.

5. Every voter must be qualified either as a proprietor or a tenant, or as deemed to be a tenant under the Service Franchise; and although other conditions may be required to complete the qualification, it will be sufficient, in accordance with a rule settled by the Registration Appeal Court, that the nature of a voter's qualification should be entered in the register as either 'proprietor' or tenant,' without stating that he is also occupant or inhabitant occupier, as the case may be.

6. By section 8 of the Registration Amendment Act, where a former Parliamentary burgh is merged in the county, the Register of Voters shall continue to be made up separately; but as the burgh will for the future form part of the county, this duty will be performed by the county Assessor.-I am, Sir, your obedient servant,

The Assessor of

CHAS. B. LOGAN,
Crown Agent.

No. I.

19 & 20 VICT. c. 58.1

An Act to amend the Law for the Registration of Persons entitled to vote in the Election of Members to serve in Parliament for Burghs in Scotland.-[21st July, 1856.]

c. 65.

'WHEREAS an Act was passed in the Session of Parliament holden 2 & 3 Will. IV. ' in the second and third years of the reign of His Majesty King 'William the Fourth, intituled "An Act to amend the Representa"tion of the People in Scotland;" and it is expedient to explain ' and amend some parts of the said Act, and to make further and ' other provisions relating to the registration of persons entitled to ' vote in the election of members to serve in Parliament for burghs ' in Scotland' Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

I. The clauses and provisions of the said Act, enacted for the purpose of Repeal of certain forming registers of persons entitled to vote in the election of Members to provisions of recited Act.. serve in Parliament for burghs in Scotland, shall be and the same are hereby repealed, except as to any register heretofore made; and [Rep., Stat. Law Rev. Act, 1875] this Act shall be taken to be part of the said Act as fully as if it were incorporated therewith.

of voters;

II. The assessor of every burgh [county or division of a county] Assessors to shall, on or before the fifteenth day of August [September] in make out list every year, make out or cause to be made out, according to the form number I. of the Schedule A. hereunto annexed, a list of all persons who may be entitled to vote in the election of a member or members to serve in Parliament for such burgh [county or division]; and such list shall be arranged in wards [parishes] (where the burgh is divided into wards) and in polling districts; and each ward [parish] and polling district shall be arranged, as far as conveniently may be, in the alphabetical order of the surnames of the persons entitled as aforesaid, or otherwise, as far as conveniently may be, in the alphabetical order of streets, squares, lanes, and other places in which houses are distinguished by numbers, and in which the subjects of qualification are situated; and as regards all other places, in the alphabetical order of the surnames of the persons entitled as aforesaid; and in such list

1 The words in italics are those appearing in the Act itself, the amendments and variations being printed within brackets. The Act is printed from the revised edition of the Statutes, showing the portions repealed. The sections regarding appeals from the judgments of sheriffs in Registration Courts for counties and burghs have been repealed (vide 31 & 32 Vict. c. 48, § 22).

and to publish such list;

the Christian name and surname of every such person shall be written at full length, together with his occupation, the place of his abode, and nature of his qualification, and the name of the street, and number of the house (if any), or other description of the place where the property in right of which he is entitled to vote may be situate; and the assessor shall sign the said list, and shall forthwith cause a sufficient number of copies thereof to be written or printed; and shall, on or before the said fifteenth day of August [September] in every year, publish copies of the said list, by affixing the same on or near the Town Hall or other conspicuous place within the burgh [on the door of the church of each parish, and in any polling district in which there is no parish church in some other conspicuous place]; and shall also, on or before such fifteenth day of August [September], give notice by advertisement in some one or more newspapers circulating in the burgh [county or division], of the place at which a copy of such list will be open to perusal; and such copy shall be open to perusal by any person, without payment of any fee, at any time between the hours of ten o'clock in the forenoon and four o'clock in the afternoon of each day, except Sunday, from the sixteenth to the twenty-fifth [first] and all persons days of August [September], both inclusive; and the assessor shall may have copies. deliver copies thereof signed by him to all persons applying for the same, on payment of a price for each copy after the rate contained in the table number 1 of the Schedule B. hereto annexed: Provided always, that if any person who may desire his name not to be inserted in such list shall intimate such desire in writing to the assessor, the assessor shall not insert in such list the name of such person.

Persons omitted
in such lists,
&c., to lodge
claims;

III. Every person whose name shall have been omitted in any such list of voters for any burgh [county or division of a county], and who shall claim as having been entitled on the last day of July then next preceding to have his name inserted therein, and every person desirous of being registered for a different qualification than that for which his name appears in such list, shall on or before the twenty-fifth [first] day of August [September] in such year give a notice according to the form number 2 of the said Schedule A. and assessors to or to the like effect to the assessor; and the assessor shall include or cause to be included the names of all persons claiming as aforesaid in lists arranged as aforesaid, according to the form number 3 of the said Schedule A., signed by him.

make up lists of claimants.

Objections to

IV. In every year every person whose name shall have been list to be lodged. inserted in any list of voters for any burgh [county or division of a county] may object to any other person as not having been entitled on the last day of July next preceding, to have his name inserted in any list of voters for such burgh [county or division of a county], and every person so objecting shall on or before the Twenty-fifth [first] day of August [September] in such year give or cause to be given to the assessor of such burgh [county or division of a county] a notice according to the form number 4 of the said Schedule A.

or to the like effect, and shall also on or before such twenty-fifth [first] day of August [September] give or cause to be given to the person so objected to, or leave or cause to be left at his place of abode as described in such list, a notice according to the form number 5 of the said Schedule A. or to the like effect, and every such notice of objection shall be signed by the person objecting as aforesaid.

claimants and

to;

V. The assessor shall, in every year, include the names of all Assessors to make up list of persons so objected to in a list arranged as aforesaid according to persons objected the form number 6 of the said Schedule A., signed by him; and to; and to shall cause copies of the said list of persons objected to to be publish lists of written or printed; and shall publish such list, and the said list of persons objected claimants as aforesaid, on or before the first [twenty-fifth] day of September in each year, by advertising in one or more newspapers circulating in the burgh [county or division of a county] the place at which copies of the said lists and the notices of claims and objections, will be open to perusal; and copies of the said lists, and also the notices of claims and objections which he shall have received, shall, unless when in use in the Registration Court in terms of this Act, be open to be perused by any person, without payment of any fee, at any time between the hours of ten o'clock in the forenoon and four o'clock in the afternoon of each day, except Sunday, during the first fourteen days of September [between the twenty-fifth day of September and first day of October] in the

said year; and the assessor shall deliver copies of the said lists or and all persons either of them, to any person requiring the same, on payment of may have copies. a price for each copy after the rate contained in the table number 1 of the said Schedule B.

deliver lists to

VI. On or before the first [twenty-fifth] of September in each Assessors to year, the assessor shall deliver to the town [sheriff] clerk a copy town [sheriff] of the said list of voters made out by him as aforesaid, and a copy clerks. of the said list of claimants, and a copy of the said list of persons objected to, all signed by him as aforesaid.

nominated

specially for

VII. Where in any burgh [county or division of a county] there Assessor to be shall be more than one assessor in and for such burgh [county or division of a county], the magistrates of the burgh [commissioners this Act. of supply] shall, as soon as may be after the passing of this Act, and at latest within three weeks after the passing of the same, nominate and appoint one of such assessors to perform the duties imposed on the assessor under this Act, and also make public advertisement of such appointment in some one or more newspapers circulating in such burgh [county or division of a county]; and failing such appointment and advertisement being duly made, the same shall be made by the sheriff of the county within five weeks at latest after the passing of this Act; and every such assessor so appointed shall, from the date of his appointment, be specially charged with all the duties incumbent on the assessor under this Act; and on every occasion where in any burgh [county or division of a county] an assessor so appointed shall cease to hold office, the

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