which were counties, of being a "freeholder or burgage tenant" of a holding worth 40s., where the tenant was in actual occupation, otherwise worth 10l. Thus, all who, by the custom of the place, would have been entitled to vote. on these grounds if the Representation of the People Act, 1832, had not been passed, can still exercise the franchise, provided, in the case of freemen, that their title accrued on an admission prior to March, 1831, or was founded on servitude (i.e., apprenticeship). The Act further required residence in or within seven miles of the borough (r). Thirdly, the new rights conferred by the Act were in respect of the occupation within a parliamentary borough, either as owner or as tenant, of any house, warehouse, counting-house, shop, or other building, being either separately of the clear yearly value of not less than 107. (s), or of that value jointly with land in the same borough, occupied by the same party as owner, or as tenant under the same landlord (t). But to this latter qualification (which was usually called the "borough occupation franchise," to distinguish it from the county occupation franchise" above referred to) certain restrictions were annexed. The voter must have occupied the same building, or some other building in the borough of the required value in immediate succession (u), for twelve calendar months next previous to the last day of July in the year in which he claimed to be registered (v). He must, during such period of occupation, have been rated " the companies, guilds, or frater- (r) Representation of the People Act, 1832, ss. 18, 31, and 32. (8) As to what is included under the words house, &c., see the Parliamentary and Municipal Registration Act, 1878, s. 5; Piercy v. Maclean (1870), L. R. 5 C. P. 252. (t) Representation of the People Act, 1832, s. 27. (u) Sect. 28. (v) Now the 15th of July: Par liamentary and Municipal Registration Act, 1878, s. 7. to all the poor rates of the place (x). He must, on or before the 20th of July in that year, have paid up all the poor rates and assessed taxes which had become payable by him, in respect of the premises, before the 6th of April then last (y). He must have resided for six calendar months next previous to the last day of July in the same year, within the borough, or within seven statute miles thereof (z). Such were the qualifications for borough electors under the Representation of the People Act, 1832, and such they remained for a period of thirty-five years; but in the year 1867 the legislature, at the same time that it effected the alterations in the county franchise, and the partial redistribution of seats, both for counties and boroughs, already mentioned, modified also the borough franchise, by adding two fresh qualifications, namely, the household and the lodger franchise. A person becomes entitled to the household franchise as being "an inhabitant occupier," either as owner or tenant, of any dwelling-house (a) within the borough, such occupation having been a sole, and not a joint, occupation, and having continued for the whole of the twelve months preceding the fifteenth day of July in any year (b), and (x) See Representation of the People Act, 1867, s. 7; the Poor Rate Assessment and Collection Act, 1869; Assessed Rates Act, 1879; Stamper v. Overseers of Sunderland (1868), L. R. 3 C. P. 388. (y) Representation of the People Act, 1832, s. 27; now 5th of January (Parliamentary Elections Act, 1848). (z) See Representation of the People Act, 1832, s. 27; now 15th of July (Parliamentary and Municipal Registration Act, 1878, s. 7). (a) As to what is included under the term "dwelling-house," see Parliamentary and Municipal Registration Act, 1878, s. 5; Thompson v. Ward (1871), L. R. 6 C. P. 327; Clutterbuck v. Taylor, the voter must during such period have been rated in respect of the premises to all the poor rates, if any, and have on or before the 20th of July in the same year, paid all of the same rates which became payable up to the preceding 5th day of January (c). Since 1878 (d) the dwelling-house need not have been separately rated, and an occupier does not lose his vote by reason of having compounded with the owner as to payment of rates. The lodger franchise belongs to a person who, as lodger, has occupied in the borough, and resided in, as sole tenant, for the twelve months preceding the fifteenth day of July in any year, the same lodgings (which, since 1878, includes different lodgings in the same dwelling-house) of a clear yearly value, if let unfurnished, of ten pounds. or upwards, and who has claimed to be registered as a voter at the next ensuing registration of voters (e). The occupation may be joint, provided the total value amounts to 101. for each joint occupier. 4 It is in all cases a condition precedent to the right of voting, that the voter shall have been first duly registered as such (f). The present system of registration, which depends on the Registration Act, 1885, and is the same for counties. and boroughs, is shortly as follows. On or within seven days after the 15th of April in each year, the clerk of the county council in a county, and the town clerk in a borough, send to the overseers of the poor of every parish and township precepts to make out lists of persons having a right to vote within their several areas. In accordance with these precepts the overseers make out (c) Representation of the People Act, 1867, 8. 3; Brewer v. M'Gowen (1869), L. R. 5 C. P. 239; Smith v. Lancaster, ib. 246. (d) Parliamentary and Municipal Registration Act, 1878, s. 14. (e) Representation of the People Act, 1867, s. 4; Parliamentary and Municipal Registration Act, 1878, ss. 6, 7, 22. (ƒ) Representation of the People Act, 1832, s. 26; Parliamentary Voters Registration Act, 1843, s. 2; County Voters lists of voters according to their several qualifications, and publish the same on the 1st of August, except that the list of those claiming to be registered as occupation voters, and the list of lodgers claiming to be registered for the first time or under a new qualification, are not published till the 25th of August. Subsequently, between the 8th of September and the 12th of October, the several lists, together with the register of the preceding year, are examined into by revising barristers appointed for the purpose (g), who hold open courts in order to determine, in every case of objection, the validity of the lists, and from whose decision on any point of law there is an appeal to the King's Bench Division (h). These lists and registers, when corrected, are transmitted by the revising barristers to the clerk of the county council in the case of counties, and to the town clerk in the case of boroughs. The lists are then printed into a book (), which book thereupon becomes the register of the electors for the county or borough for the succeeding year (k). It is provided, however, that Registration Act, 1865; Representation of the People Act, 1867, ss. 3-6, &c. (g) Under the Parliamentary and Municipal Registration Act, 1878, it is provided that where the whole or part of the area of a municipal borough is co-extensive with or included in the area of a parliamentary borough, the lists of parliamentary voters and the "burgess lists" shall, as far as practicable, be made out and revised together (ss. 15, 28). (h) As to the appeal, see Parliamentary and Municipal Regis. tration Act, 1878, s. 37; and Supreme Court of Judicature Act, 1881, s. 14. As to the appointment of "revising barristers," their duties, etc., and appeals from them, and as to assistant revising barristers, see Parlia mentary Voters Registration Act, 1843, ss. 28 et seq.; County Voters Registration Act, 1865; Revising Barristers Acts, 1866, 1873, 1874; Parliamentary and Municipal Registration Acts, 1878 and 1886; and County Electors Act, 1888, ss. 9, 10; Willis v. Maclachlan (1876), 1 Ex. D. 376. And as to the expenses of elections, see Municipal Registration Act, 1878, s. 30; County Electors Act, 1888, s. 8; and Registration of Electors Act, 1891. (i) Parliamentary Voters Regis tration Act, 1843, s. 47. (k) Ibid., s. 49; and see Registration of County Electors (Extension of Time) Act, 1889 (a temporary Act). (subject to an exception presently to be mentioned), no person shall be so registered in any year, as a freeholder, copyholder, customary tenant, or tenant in antient demesne, unless he shall have been in the actual possession of the property in respect of which he claims, or in the receipt of the rents and profits thereof for his own use, for six calendar months at least, next previous to the fifteenth day of July in such year (1); nor as leaseholder, assignee, or occupying tenant at the rent of 50l. or upwards, unless he shall have been in such receipt, possession, or occupation, as the case may require, for twelve calendar months next previous to such date (m). But this is subject to the exception just referred to, viz., that if the lands or tenements entitling such owner, holder, or occupier to vote, shall have come to the person claiming to be registered, at any time within these respective periods, by descent, succession, marriage, marriage settlement, devise, or promotion to any benefice in a church, or by promotion to any office, he may claim to have his name inserted as a voter in the then next lists, and be registered accordingly, no length of possession or receipt of profits being in that case required (n). Moreover, with regard to the franchise acquired (under the Representation of the People Acts, 1867 and 1884) by the occupation, as owner or tenant, of lands or tenements of the qualifying value, it is required that the party shall during the preceding twelve months have been rated to all poor rates, if any, made in respect of the premises, and shall, before the 20th July in the (1) Representation of the People Act, 1832, s. 26; see Representation of the People Act, 1867, s. 5; Parliamentary and Municipal Registration Act, 1878, s. 7; Registration Act, 1885, s. 12. (m) By the Parliamentary Voters Registration Act, 1843, s. 73, tenant occupiers might vote for the county in respect of different premises occupied in immediate succession for the twelve calendar months, -a provision which, by the Representation of the People Act, 1867, s. 26, was extended to the occupation of different premises in immediate succession in boroughs. (n) Representation of the People Act, 1832, s. 26. |