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right of voting previous to the passing of the stat. 2 and 3 Win. IV. c. xlv., and remain seised of the land) are not now entitled to vote either in counties, or in cities that are counties, except the land be of the yearly value of 101., or the tenancy came to them by marriage, marriagesettlement, devise, or promotion to office. (2 and 3 Wm. IV. c. xlv. $. 18, 21.)
2. The holders of copyholds, or land of any other tenure that is not freehold, for life, or any greater estate, of the value of not less than 101. clear yearly value.
3. Leaseholders entitled to any term originally created for sixty years (whether determinable on lives or not), where the lands are worth 101. a year; or for any term originally created for twenty years (whether determinable on lives or not), of the yearly value of 501. A sub-lessee, or assignee, of such terms of sixty and twenty years, may vote, provided he is in actual occupation of the premises.*
4. Persons occupying lands for which they pay a bona fide rent of not less than 501. a year.
Borough Voters for England and Wales.1. The owners, or tenants in the actual occupation of houses or other buildings, either separately or jointly with land, of the clear yearly value of 101., situated within such cities or boroughs.
2. Burgesses and freemen who have resided within the city or borough for six months.previous to the month of July in the year when the election takes place. But no burgess or freeman
* 2 and 3 Wm. IV. c. xlv. J. 19.
is entitled to vote who has become a burgess or freeman after the 1st of March 1831 otherwise than by birth or servitude; and those claiming by birth must derive their title from persons admitted, or entitled to be admitted, burgesses or freemen previous to that day, or becoming so since that time in respect of servitude.
3. Inhabitants of cities and boroughs paying scot and lot, sometimes called potwalloppers, who are qualified and entitled by the usages of such cities and boroughs to vote, and who were entitled to vote before the passing of the act 2 and 3 Wm. IV. c. xlv. Thus that species of qualification will expire with the present possessors.
4. The freeholders and burgage tenants in cities and boroughs which are not counties within themselves. But such freeholders and burgage tenants are not entitled to vote in respect of property acquired after the 1st of March 1831, unless it came to them between that day and the passing of the act 2 and 3 Wm. IV. c. xlv., that is to say, the 7th of June 1832, by descent, marriage, marriage-settlement, devise, or promotion to an office or benefice.
County Voters for Scotland.*—1. Freeholders, the owners in possession of land, houses, or other heritable property, of the clear yearly value of 101., within the county; and the freeholders who were on the roll of any shire, or who were entitled to be put on such roll, at the passing of the act 2 and 3 Wm. IV. c. Ixv., that is to say,
Erskine, Inst. (ed. Macallan), b. i. tit. iii. 5. 8. note. 2 and 3 Wm. IV. c. lxv.-Bowyer's Commentaries on the British Constitution.
the 1st day of March 1831, and who retain their qualifications.
2. Tenants holding under leases for not less than fifty-seven years, at the option of the landlord, or for their lifetimes, where their interest is of the clear yearly value, after paying the rent, of not less than 10.; or holding under leases for not less than thirteen years, where the clear yearly value is not less than 501.; or who have been for twelve months before the last day of July in each year in the actual personal occupancy of any such subject, where the yearly rent is not less than 501.; and tenants, whatever the rent may be, who have paid for their interest in the subject a price, grassum, or consideration of not less than 3001.
Borough Voters for Scotland.—Persons in the occupancy, either as proprietors, tenants, or liferenters, of houses or other buildings, with or without land, of the yearly value of 101., within the city, borough, or town (provided they have paid assessed taxes on or before the last day of July) in which they claim to exercise their franchise.
County Voters for Ireland.-In Ireland the county members are elected* by freeholders of 101. a year (the forty-shilling freeholders having been disfranchised, and the qualification raised to that amount by the 10 Geo. IV. c. viii.); by copyholders of 101. a year; and by leaseholders of terms originally for sixty years (whether determinable on lives or no), of the yearly value of 101.; or for fourteen years, in like manner, of the yearly value of 201. ; or for twenty years, having a beneficial interest of the clear yearly value of 101.
* See 2 and 3 Wm. IV. c. lxxxviii.
Borough Voters for Ireland. -Occupiers as tenants or owners of houses, or other buildings, with or without land, within the city or borough, of the clear yearly value of 101. ; in cities and towns of counties, forty-shilling freeholders entitled to register at the passing of the stat. 3 and 4 Wm. c. lxxxviii., that is to say, on the 7th of August 1832, so long as they retain the same qualification; freemen of cities, or towns, or boroughs, provided they be resident in the city, town, or borough, or within seven miles of it, and are not mere honorary freemen.
The voter must not only have one of these qualifications, but he must also be duly registered.
The machinery is, in England, regulated by the 6 Vic. c. 18. The clerk of the peace for each county annually issues printed forms, notices, and lists to the overseers. The overseers, before the 21st of June, publish notices that all persons not upon the register, but claiming to be put on, send in their claims on or before the 20th of July. After the 20th of July, and before the 1st of August, the overseers prepare and publish a list of claims. Any person on the register may, by a signed objection, delivered before the 26th of August, or the overseers may, by a marginal note, object to any claimant. Before the 29th of August the objections are delivered by the overseer to the clerk of the peace, together with the register.
In boroughs the town clerk, or person who acts in that capacity, on or before the 10th of June, issues his forms and schedules to the overseers of the parishes within his borough. The overseers then, before the 20th of June, give notice that persons will not be admitted to the register unless they pay, by the 20th of July, all the poors’-rates due before the 5th of January. The overseers then, on or before the last day of July, make out lists of voters-except freemen, whereof the list is to be made by the town-clerk. Signed objections are made before the 26th of August.
Between the 14th of September and the 1st day of November the revising barristers (appointed by the Lord Chief Justice for the Metropolitan and Middlesex boroughs, and by the senior judge on circuit for the provinces) hold their circuits, and decide, in open court, on the validity of claims and objections, and sign each page of the registry. An appeal is allowed, upon a case drawn by the revising barrister, to the Common Pleas, and the registry is perfect.
This register is, as to English and Irish elections, conclusive evidence that the persons named in it continue to have the qualifications which are annexed to their names respectively; and no scrutiny is allowed before the returning officer. There are provisos as to loss of qualification, and also as to residence; but these do not affect the admissibility of the vote at the poll-booth. It may be convenient to insert the enactment here.
At every future election for a member or members to serve in Parliament for any county, city, or borough, the register of voters so made as aforesaid shall be deemed and taken to be conclusive evidence that the persons therein named continue to have the qualifications wbich are an