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40, 43, 44, and 45 of this precept, respecting claims and objec- 48 Vict. c. 15. tions in relation to an ownership qualification*; and

(b.) in any other case as is directed by paragraphs 41 to 45 of this pre

cept respecting claims and objections in relation to the lists of
occupation voters,*

but any list made under this paragraph must be kept separate from any
other list.

Attendance upon Revising Barrister.

Schedule 2.

47. You are to attend the court to be holden by the revising barrister September. for the revision of the lists of voters for your parish [or township]; and notice will be sent you of the time and place of holding such court.

You are, at such court, to deliver to the revising barrister holding it the following documents,—

(a.) all the original notices of claims and objections received by you; (b.)* the occupiers and old lodgers lists;

(c.) the occupiers and lodgers claim and objection lists made out and signed by you; and*

(d.) all notices of the withdrawal or revival of objections received by

you,

*and you are there to produce the rate books of your parish [or township] containing the poor rates made and allowed during the period between the 5th day of January in last year and the 15th day of July next.*

If you fail to comply with this precept you will be liable to the penalties in that case provided.

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day of

A.B.

Clerk of the peace for the county of

GENERAL FORMS.

PART I.

FORMS FOR OWNERSHIP VOTERS.

Note. The following forms No. 2 to No. 7 refer only to ownership

voters.

FORM NO. 2.

NOTICE as to OWNERSHIP CLAIMS to be given by the OVERSEERS.

We hereby give notice, that all persons entitled to be registered as parliamentary voters for the [ division of the] county of in respect of the ownership (whether freehold, copyhold, or leasehold) of any property situate wholly or in part within this parish [or township], who are not upon the register of voters now in force, or who, being upon the register, do not retain the same qualification or continue in the same place of abode as described in such register, and who are desirous to have their names inserted in the register of voters about to be made for the said county [or division], are hereby required to give or send to us or any of us, on or before the twentieth day of July in this year, a notice in writing signed by them, in which their name and

Forms for
Counties.
(Ownership
Voters).

48 Vict. c. 15. Schedule 2.

Forms for
Counties
(Ownership
Voters).

surname at full length, their place of abode, and the particulars of their qualification, must be legibly written, according to the form hereunder set forth.

Any person who is upon the present register in respect of such ownership of property as above mentioned may also make his claim, if he thinks fit; but it is not necessary that he should do so if he has the same qualification and place of abode now described in the register. day of June in the year

Dated this

(Signed) A.B.Overseers of the parish C.D. [or township] of

[Editors' Note.] This form is substituted by s. 18 of this Act for the notice to claim in Form No. 2 in Schedule A. of Act of 1843, prescribed by 8. 4 of that Act, p. 76. The new form varies from the old one in applying to ownership voters (for meaning of which term, see s. 19 of this Act, p. 177) only.

FORM OF NOTICE OF CLAIM to be given to OVERSEERS by CLAIMANTS in respect of OWNERSHIP.

To the overseers of the parish [or township] of I hereby give you notice, that I claim to be inserted in the list of parliamentary voters for the [ division of the] county of and that the particulars of my place of abode and qualifi

cation are stated in the columns below.

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Note. The description should specify the street, lane, or other like place in the parish [or township] (if any), and number of house (if any), where the property is situate, or name of the property, if known by any, or name of the occupying tenant; or if the qualification consists of a tithe rentcharge, of the name of the rectory, vicarage, chapelry, or benefice to which the rentcharge belongs, and if it consists of any other rentcharge, then the names of the owners of the property out of which such rent is issuing, or some of them, and the situation of the property, and a statement of the registration of the claimant in respect of such rentcharge in the register in force in the year 1884.

[Editors' Note.] This form is substituted by s. 18 of this Act for the notice of claim in Form No. 2, in Schedule A. of the Act of 1843, prescribed by s. 4 of that Act, p. 76, which form it varies by applying to ownership voters only. The note at the foot of the form replaces a direction at the top of the fourth column in the old form, varying therefrom by requiring, in

respect of a rent-charge other than a tithe rent-charge, a statement of registration in 1884, as to which see s. 4, subs. 1, and s. 10 of the Representation of the People Act, 1884, pp. 60, 66.

Dated.. in the year.] Where year omitted, claim held bad: Beenlen v. Hockin, 4 C. B. 19.

Place of abode.]

2 C. B. 12.

"Travelling abroad" sufficient: Walker v. Payne,

Nature of qualification.] This heading means that the party should state whether he claims in respect of freehold, copyhold, leasehold, or £50 occupation, describing his qualification so that a man of ordinary sense would not be misled. See per Williams, J., in Howett v. Stephens, 28 L. J. C. P. 105, in which "£50 occupier" was held a sufficient description: Jones v. Jones, L. R. 4 C. P. 422. It is not necessary to state the fact of a successive: Hitchins v. Brown, 2 C. B. 25, or joint: Daniel v. Camplin, 7 M. & G. 167, occupation in the third column, but a description of all successive occupations should be given in the fourth: Bartlett v. Gibbs, 5 M. & G. 81; but an omission to give such a description could probably be supplied by the revising barrister under s. 28 of the Act of 1878, p. 153.

48 Vict. c. 15. Schedule 2.

Forms for
Counties
(Ownership

Voters).

FORM NO. 3.

FORM OF LIST OF OWNERSHIP CLAIMANTS.

County of

to wit

The list of persons claiming to be entitled to be
registered as parliamentary voters for the [
division of the] county of

in respect of the ownership of property situate in whole or in part within
the parish [or township] of

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Note. In this form the particulars are to be copied from the claim

sent in.

Overseers must insert in the foregoing list the name of the Parliamentary Division in which their parish is situate.

[Editors' Note.] This form is substituted by s. 18 of this Act for Form No. 3 in Schedule A. to the Act of 1843, prescribed by s. 5 of that Act, p. 76, from which section the first direction in the note is taken, the second direction being new, and a direction at the head of the fourth column being omitted.

48 Vict. c. 15.

Schedule 2.

Forms for
Counties
(Ownership
Voters).

FORM NO. 4.

NOTICE of OBJECTION to OWNERSHIP VOTERS to be given to the
OVERSEERS.

To the overseers of the parish [or township] of

I hereby give you notice that I object to the name of the person mentioned and described below being retained in the list of ownership voters for the [ division of the] county of

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[Editors' Note.] This form is substituted by s. 18 of this Act for Form No. 4 in Schedule A. of the Act of 1843, prescribed by s. 7 of that Act, p. 77, and except that it applies to ownership voters only, does not materially differ therefrom.

Dated.] The notice need not be dated the day of signature; it is enough if it be dated some day within time: Jones v. Jones, L. R. 1 C. P. 140. A notice omitting a part of the date, as leaving the year blank, is bad: Beenlen v. Hockin, 4 Č. B. 19; and the omission cannot be amended, or cured by publication on the part of the overseers: Freeman v. Newman, 12 Q. B. D. 373; 53 L. J. Q. B. 108; 51 L. T. 396; 32 W. R. 246; 1 Colt. 342.

Signed.] See note to Form No. 5, infra.

Place of abode.] The true place of abode is the proper one to give, though different from that on the register: Melbourne v. Greenfield, 7 Č. B. (N.S.) ; Knowles v. Brooking, 2 C. B. 226. Any of more than one may be given: Courtis v. Blight, 31 L. J. C. P. 48; the question of sufficiency of description being one of fact for the revising barrister: Jones v. Pritchard, L. R. 4 C. P. 414; to be decided after hearing evidence if necessary, ib.

FORM No. 5.
Form (a).

NOTICE of OBJECTION to be given to Persons whose Names are in the
Ownership portion of the Register when objected to by any Person
other than Overseers, and to the occupying Tenant of the qualifying
Property, where notice is required to be given to the occupying

Tenant.

of

To Mr. [here insert the name and place of abode of the person objected to as described in the register, and in the

case of notice to the tenant of the qualifying property insert his name and 48 Vict. c. 15. place of abode as described in the register].

Take notice that I object to your name [in the nolice to the tenant instead of the words “ your name," insert the name of the person objected to] being retained in the [here insert the name of the parish or township] list of ownership voters for the [ division of the county

of

And I ground my objection,

on the 1st column of the register,

or on the 2nd column,

or on the 3rd column,

and the objection relates

to the nature of your interest [in the notice to the tenant instead
of the words "
'your interest," insert "the interest of," here
insert the name of the person objected to,] in the qualifying
property;

or to the value of the qualifying property

or on the 4th column.

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[Editors' Note.] This form is substituted by s. 18 of this Act for Form in Schedule A. of the Act of 1865, prescribed by s. 6 of that Act.

An objection on the ground that the qualifying property being in a borough qualified for the borough and therefore disqualified for the county (see 8. 24 of Reform Act, 1832, p. 15) is sufficient if it is stated to be grounded on the third column of the register, and to relate to the nature of the interest in the qualifying property: Simey v. Dixon, L. R. 7 C. P. 190.

A signature illegible without aid from the register was held sufficient in Trotter v. Walker, 32 L. J. C. P. 60.

Form (b).

NOTICE of OBJECTION to be given to Persons whose names are on the list of ownership claimants objected to by any Person other than Overseers, and to the occupying Tenant of the qualifying Property, where notice is required to be given to the occupying Tenant.

of

To Mr. [here insert the name and place of abode of the person objected to as described in the list, and in the case of notice to the tenant of the qualifying property insert his name and place of abode as described in the list].

Take notice that I object to your name [in the notice to the tenant instead of the words "your name," insert the name of the person objected to] being retained in the [here insert the name of the parish or township] list of ownership voters for the [ division of the] county

Schedule 2.

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[Editors' Note.] Substituted for Form No. 5 in Act of 1843.

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