8. 27. £10 occupiers. 2 Will. 4, c. 45, person shall have paid, on or before the twentieth day of July in such year, all the Poor's Rates and Assessed Taxes which shall have become payable from him in respect of such premises previously to the sixth day of April* then next preceding: Provided also, that no such person shall be so registered in any year unless he shall have resided for six calendar months next previous to the last day of July in such year within the city or borough, or within the place sharing in the election for the city or borough, in respect of which city, borough, or place respectively he shall be entitled to vote, or within seven statute miles thereof or of any part thereof. 5th Jan. † 15th July. Residence. This section is repealed by s. 12, and Sched. 2, Part II., of the Act of 1884, post, but the repeal is accompanied by two most important qualifications. First, the section is repealed "except in so far as relates to the rights of person saved" by that Act, i.e. by s. 10; and secondly, it is repealed "except in so far" as it contains "conditions made applicable" by that Act (see s. 5 of that Act) to any franchise enacted by that Act (see also s. 5 of that Act). The reason for the repeal is that the 6th section of the Act of 1867 gave a £12 occupation qualification only for counties, and the 5th section of the Act of 1884 has not only made the occupation qualification for counties uniform with that for boroughs, but has also re-enacted, for boroughs, the opening words of this section in somewhat different terms, so that although so much of the section as imposes a condition, e.g. the payment of rates, is kept up by s. 5 of the Act of 1884, so much of it as defines the qualification, e.g. the requirement of tenancy, which the "service franchise" under 8. 3 of the Act of 1884 dispenses with, is displaced. Full age, &c.] See s. 3 of the Act of 1867, and notes, post. As Tenant.] These words excluded persons occupying as servants if required to occupy for the purpose of the service, but not otherwise: Hughes v. Chatham Overseers, 5 M. & G. 54; Fox v. Dalby, L. R. 10 C. P. 285; but the establishment of the "service franchise" by s. 3 of the Act of 1881 does away with this distinction. House, warehouse, &c.] These words, by s. 5 of the Parliamentary and Municipal Registration Act, 1878, 41 Vict. c. 26, p. 55, include part of a house, warehouse, &c. Prior to that Act much difficulty had arisen in defining the words "house" and "building," but the result of the cases appears to have been that the occupation of part of a house only conferred the qualification in a case only where such part was structurally severed from the rest: Cook v. Humber, 11 C. B. (N.S.) 733; 3 L. J. C. P. 73. A substituted expression of the qualification in s. 5 of the Act of 1884 is "land or tenement," which by s. 11 of that Act includes "any part of a house separately occupied for the purpose of any trade, business, or profession." "Building" in the present section includes a cowhouse: Whitmore v. Wenlock Town Clerk, 5 M. & G. 9; a quite separate room in a factory: Wright v. Stockport Town Clerk, 5 M. & G. 33; and a shed used for storing: Powell v. Farmer, 18 C. B. (N.S.) 168. The building must be of some permanence and value, but if held with land, though the value be trifling, it is sufficient to qualify, if it adds to the bona fide value of the whole: Norrish v. Harris, L. R. I C. P. 155; 35 L. J. C. P. 101. A counting-house need not be structurally severed from the house of which it forms a part: Piercy v. Maclean, L. R. 5 C. P. 252; 39 L. J. C. P. 115; 21 L. T. 213; 18 W. R. 132; 1 H. & C. 371. Jointly with any land; tenant under the same landlord.] A question of some difficulty arises whether either of these expressions is a definition of the qualification, or whether it imposes a "condition" within the meaning of s. 5 of the Act of 1884. The definitions (see supra) appear to be repealed by 8. 12 of the Act of 1884, while the conditions are expressly and clearly kept up by that section. On the whole, it is conceived that both expressions are by way of definition only, and are therefore included in the repeal of s. 27 by s. 12 of the Act of 1884, so that qualifications not properly forming one 2 Will. 4, c. 45, house or building, or occupied under the same landlord, may be joined together to make up the required amount-thus doing away with the effect of Dewhurst v. Fielden, 7 M. & G. 182. Duly registered.] See the Acts as to registration, superseding the provisions of this Act, post, Part II., p. 74, "Registration of Electors." Shall have been rated.] As to claim to be rated, see s. 30, post; as to result of rating of owners instead of occupiers, see 32 & 33 Vict. c. 41, p. 46. Shall have paid.] By s. 49 of the Act of 1867, post, corrupt payment by a person other than the ratepayer is punishable as bribery. The non-payment of a void rate does not disqualify: Fox v. Davies, 6 C. B. 11. Assessed taxes.] Assessed taxes are such taxes as vary in amount in proportion to the value of the property in respect of which they are imposed, as the property tax, the house tax, and the land tax. As to property tax, however, it is specially provided by s. 184 of 5 & 6 Vict. c. 35 (p. 29, post), that non-payment thereof shall not disqualify. Last day of July.] "Last" was altered to "fifteenth" day by s. 7 of the Parliamentary and Municipal Registration Act, 1878, post. Sixth day of April.] Altered to 5th January by 11 & 12 Vict. c. 90, post. Unless he shall have resided.] See also s. 31 and s. 33. The residence need not be continuous, nor need it be by the party himself; but if it be quitted, or if his family or servants only be resident for a part of the time, there must be a bona fide intention on his part to return: Whitehorn v. Thomas, 7 M. & G. 1. A clergyman who exchanges duties and residences with another clergyman breaks his residence: Ford v. Pye, L. R. 9. C. P. 269; 43 L. J. C. P. 21; 29 L. T. 584; 22 W. R. 159; 2 H. & C. 157; and so does a rector who remains abroad under a licence of non-residence: Durant v. Carter, L. R. 9 C. P. 261; 43 L. J. C. P. 17; 2 H. & C. 142; and a man detained in a gaol more than seven miles from the borough under a sentence of imprisonment without the option of a fine: Powell v. Guest, 18 C. B. (N.S.) 72; 33 L. J. C. P. 69. The relaxation under 41 Vict. c. 3 (p. 51, post), applies to s. 3 of the Act of 1867 only. Within seven miles.] As to measurement of distance, see s. 76 of the Parliamentary Registration Act, 1813, post. The "seven miles" is altered to twenty-five miles in the case of the city of London by s. 46 of the Act of 1867, p. 43. s. 27. Premises occupied in suc cession. Now 15th. 28. The premises in respect of the occupation of which any person shall be entitled to be registered in any year, and to vote in the election for any city or borough as aforesaid, shall not be required to be the same premises, but may be different premises occupied in immediate succession by such person during the twelve calendar months next previous to the last* day of July in such year, such person having paid, on or before the twentieth day of July in such year, all the Poor's Rates and Assessed Taxes which shall previously to the sixth day of April then next preceding have become payable from him in † Now 5th respect of all such premises so occupied by him in succession. January. "Last" altered to fifteenth by s. 7 of the Act of 1878, post, and 6th April to 5th January by 11 & 12 Vict. c. 90, post. 29. Where any premises as aforesaid, in any such city or Joint occuborough, or in any place sharing in the election therewith, piers. shall be jointly occupied by more persons than one as owners or tenants, each of such joint occupiers shall, subject to the s. 29. Joint occupiers. 2 Will. 4, c. 45, conditions herein before contained as to persons occupying premises in any such city, borough, or place, be entitled to vote in the election for such city or borough, in respect of the premises so jointly occupied, in case the clear yearly value of such premises shall be of an amount which, when divided by the number of such occupiers, shall give a sum of not less than ten pounds for each and every such occupier, but not otherwise. Occupiers may demand to be rated. Freeholders voting for cities and towns being counties of themselves. This impliedly repeals a part of 7 & 8 Will. 3, c. 25, s. 6, ante. See further 8. 4, subs. 2 of the Act of 1884, p. 60, post, and note. 30. In every city or borough which shall return a member or members to serve in any future Parliament, and in every place sharing in the election for such city or borough, it shall be lawful for any person occupying any house, warehouse, counting-house, shop, or other building, either separately, or jointly with any land occupied therewith by him as owner, or occupied therewith by him as tenant under the same landlord, in any parish or township in which there shall be a rate for the relief of the poor, to claim to be rated to the relief of the poor in respect of such premises, whether the landlord shall or shall not be liable to be rated to the relief of the poor in respect thereof; and upon such occupier so claiming and actually paying or tendering the full amount of the rate or rates, if any, then due in respect of such premises, the overseers of the parish or township in which such premises are situate are hereby required to put the name of such occupier upon the rate for the time being; and in case such overseers shall neglect or refuse so to do, such occupier shall nevertheless for the purposes of this Act be deemed to have been rated to the relief of the poor in respect of such premises from the period at which the rate shall have been made in respect of which he shall have so claimed to be rated as aforesaid: Provided always, that where by virtue of any Act of Parliament the landlord shall be liable to the payment of the rate for the relief of the poor in respect of any premises occupied by his tenant, nothing herein contained shall be deemed to vary or discharge the liability of such landlord; but that in case the tenant who shall have been rated for such premises in consequence of any such claim as aforesaid shall make default in the payment of the Poor's Rate due in respect thereof, such landlord shall be and remain liable for the payment thereof in the same manner as if he alone had been rated in respect of the premises so occupied by his tenant. The whole of this section is extended to counties by s. 30 of the Parliamentary Electors Registration Act, 1868, 31 & 32 Vict. c. 58, post, but the proviso printed in italics is repealed by the Statute Law Revision Act, 1874, as having been impliedly repealed by s. 7 of the Act of 1867, post. 31. In every city or town being a county of itself, in the election for which freeholders or burgage tenants, either with or without any superadded qualification, now have a right to vote, every such freeholder or burgage tenant shall be entitled s. 31. *Now 15th. to vote in the election of a member or members to serve in all 2 Will. 4, c. 45, future Parliaments for such city or town, provided he shall be duly registered according to the provisions hereinafter contained; but that no such person shall be so registered in any year in respect of any freehold or burgage tenement, unless he shall have been in the actual possession thereof, or in the receipt of the rents and profits thereof, for his own use, for twelve calendar months next previous to the last * day of July in such year (except where the same shall have come to him, at any time within such twelve months, by descent, succession, marriage, marriage settlement, devise, or promotion to any benefice in a church, or to any office), nor unless he shall have Residence. resided for six calendar months next previous to the last † day † Now 15th. of July in such year within such city or town, or within seven statute miles thereof or of any part thereof: Provided always, that nothing in this enactment contained shall be deemed to vary or abridge the provisions herein before made relative to the right of voting for any city or town being a county of itself, in respect of any freehold for life or lives: Provided also, that every freehold or burgage tenement which may be situate without the present limits of any such city or town being a county of itself, but within the limits of such city or town, as the same shall be settled and described by the Act to be passed for that purpose as herein before mentioned, shall confer the right of voting in the election of a member or members to serve in any future Parliament for such city or town in the same manner as if such freehold or burgage tenement were situate within the present limits thereof. "Last" altered to fifteenth day of July by s. 7 of the Parliamentary and Municipal Registration Act, 1878, p. 56. As to measurement of the seven miles, see s. 76 of the Parliamentary Registration Act, 1843, post. See also as to the electors dealt with by this section, the Act 19 Geo. 2, c. 28, ss. 4, 5, and 13, ante. Unless he shall have resided.] See also ss. 29 and 33. An articled clerk, articled to a London solicitor, who had had a bedroom kept for his exclusive use at his father's house in Exeter, and who was absent under his articles during part of the six months, was held to have broken his residence because his articles were deemed to prevent him from being at liberty to return when he pleased: Ford v. Drew, 5 C. P. D. 59; 49 L. J. C. P. 172; 41 L. T. 478; 28 W. R. 137. 32. Every person who would have been entitled to vote in the election of a member or members to serve in any future Parliament for any city or borough not included in the schedule marked (A.) to this Act annexed, either as a burgess or freeman or in the city of London as a freeman and liveryman, if this Act had not been passed, shall be entitled to vote in such election, provided such person shall be duly registered according to the provisions hereinafter contained; but no such person To extend to freeholds within the new boundaries. Freemen not to vote in boroughs, un less resident, &c. shall be so registered in any year, unless he shall, on the last ‡‡ Now 15th. day of July in such year, be qualified in such manner as would entitle him then to vote if such day were the day of election, s. 32. Freemen. Residence. Now 15th. Exclusion of freemen created since 1831. 2 Will. 4, c. 45, and this Act had not been passed, nor unless, where he shall be a burgess or freeman or freeman and liveryman of any city or borough, he shall have resided for six calendar months next previous to the last day of July in such year within such city or borough, or within seven statute miles from the place where the poll for such city or borough shall heretofore have been taken, nor unless, where he shall be a burgess or freeman of any place sharing in the election for any city or borough, he shall have resided for six calendar months next previous to the last * day of July in such year within such respective place so sharing as aforesaid or within seven statute miles of the place mentioned in conjunction with such respective place so sharing as aforesaid and named in the second column of the schedule marked (E. 2) to this Act annexed: Provided always, that no person who shall have been elected, made, or admitted a burgess or freeman since the first day of March one thousand eight hundred and thirty-one, otherwise than in respect of birth or servitude, or who shall hereafter be elected, made, or admitted a burgess or freeman, otherwise than in respect of birth or servitude, shall be entitled to vote as such in any such election for any city or borough as aforesaid, or to be so registered as aforesaid: Provided also, that no person shall be so entitled as a burgess or freeman in respect of birth unless his right be originally derived from or through some person who was a burgess or freeman, or entitled to be admitted a burgess or freeman previously to the first day of March in the year one thousand eight hundred and thirty-one, or from or through some person who since that time shall have become or shall hereafter become a burgess or freeman in respect of servitude: Provided also, that every person who would have been entitled, if this Act had not been passed, to vote as a burgess or freeman of Swansea, Loughor, Neath, Aberavon, or Ken-fig, in the election of a member to serve in any future Parliament for the borough of Cardiff, shall cease to vote in such election, and shall instead thereof be entitled to vote as such burgess or freeman in the election of a member to serve in all future Parliaments for the borough composed of the towns of Swansea, Loughor, Neath, Aberavon, and Ken-fig, subject always to the provisions hereinbefore contained with regard to a burgess or freeman of any place sharing in the election for any city or borough. Exception. Freemen of Ken-fig. "Last day" of July altered to 15th day of July by s. 7 of the Parliamentary and Municipal Registration Act, post. The proviso excluding freemen created since March 1831, does not apply in the city of London: Croucher v. Browne, 2 C. B. 97. Where freemen by birth were entitled to vote before the Act, the right is preserved, not only to those whose fathers were entitled to their freedom before 1831, but to the lineal descendants of all persons entitled to their freedom before the 1st of March, 1831: Gaydon v. Pencraft, 18 C. B. (N.S.) 11; 34 L. J. C. P. 53; 11 L. T. 483; 13 W. R. 267. Unless he shall have resided.] See also ss. 27, 31, and 33, and notes. The seven miles is altered to twenty-five in the case of London by s. 46 of the Act of 1867, p. 43. |