37 & 38 Vict. c. 22. Qualification of Revenue Officers. Enactments in schedule repealed. And whereas it is desirable to abolish such penalties : 1. The enactments contained in the schedule to this Act, and any enactments reviving or continuing the same or any of the enactments contained in the schedule to the Act of the thirtysecond year of her Majesty, chapter seventy-three, are hereby repealed. SCHEDULE. The Statutes of the Realm. 12 & 13 Will. 3, c. 10, s. 89. (a) 2 & 3 Vict. c. 71, s. 6. (a) s. 91 in Ruffhead's edition. Of the four Acts contained in this schedule the first three deal with Revenue Officers properly so called. The fourth Act (2 & 3 Vict. c. 71) relates to the Metropolitan Police. See the 6th section at length, p. 21, ante. The repeal of that section however did not enfranchise the Metropolitan Police, inasmuch as, perhaps by an oversight, 10 Geo. 4, c. 44, s. 18 (p. 12, ante), was not repealed. 39 & 40 Vict. 39 & 40 Vict. c. 79. Elementary Education Act, 1876. c. 79. 10. The parent, not being a pauper, of any child who is unable by reason of poverty to pay the ordinary fee for such child at a public elementary school, or any part of such fee, may apply to the guardians having jurisdiction in the parish in which he resides; and it shall be the duty of such guardians, if satisfied of such inability, to pay the said fee, not exceeding threepence a week, or such part thereof as he is, in the opinion of the guardians, so unable to pay. The parent shall not by reason of any payment made under this section be deprived of any franchise, right, or privilege, or be subject to any disability or disqualification. 41 Vict. c. 3. An Act to relieve certain occupiers of 1. This Act shall be cited for all purposes as the House Occupiers Disqualification Removal Act, 1878. 41 Vict. c. 3. Short title. house furnished for four months 2. From and after the passing of this Act every man shall be Letting entitled to be registered and to vote under the provisions of the said section notwithstanding that during a part of the qualifying period not exceeding four months in the whole he shall by letting or otherwise have permitted the qualifying premises to be occupied as a furnished house by some other person. 41 & 42 Vict. c. 26. not to disqualify. 41 & 42 Vict. c. 26. [For other sections of the Act, see Part II., "Registration of Electors."] 5. In and for the purposes of the Reform Act, 1832, and the Explanation of Municipal Corporation Acts, the terms "house, warehouse, "house," &c. counting-house, shop, or other building," shall include any part of a house where that part is separately occupied for the purpose of any trade, business, or profession; and any such part may for the purpose of describing the qualification be described "Chambers,' "Office," Studio," or by any like term applic as able to the case. 99 66 In and for the purposes of the Representation of the People "DwellingAct, 1867, the term "Dwelling House" shall include any part of house." a house where that part is separately occupied as a dwelling, and the term "Lodgings" shall include any apartments or place "Lodgings." of residence, whether furnished or unfurnished, in a dwelling house. For the purposes of any of the Acts referred to in this section, Separate occuwhere an occupier is entitled to the sole and exclusive use of pation of part any part of a house, that part shall not be deemed to be occupied otherwise than separately by reason only that the occupier is entitled to the joint use of some other part. The interpretation contained in this section of "Dwelling House" shall be in substitution for the interpretation thereof contained in section sixty-one of the Representation of the People Act, 1867, but not so as to affect any of the other provisions of the said Act relating to rating. These definitions were suggested by the difficulties which had arisen in Ellis v. Burch, L. R. 6 C. P. 327; 40 L. J. C. P. 169, and Boon v. Howard, L. R. 9 C. P. 277; 43 L. J. C. P. 115; 29 L. T. 382; 22 W. R. 535; 2 H. & C. 208, in each of which cases the Court had been equally divided on the question whether certain rooms in a house, not structurally severed from the rest, but separately occupied and rated, were dwelling-houses within the meaning of s. of the Act of 1867 or not. It is clear that structural severance is no longer necessary to constitute either a "house" within s. 27 of the Act of 1832, or a "dwelling-house" within s. 3 of the Act of 1867. The interpretation of "dwelling-house" in s. 61 of the Act of 1867 was that it should "include any part of a house occupied as a separate dwelling and separately rated to the relief of the poor," but the separate rating of occupiers enjoined by that Act was to a certain extent dispensed with by the Poor Rate Assessment aud Collection Act, 1869, p. 46, so that the omission of the words as to separate rating had become necessary. notwithstanding joint occu pation of other part. 41 & 42 Vict. c. 26, s. 6. Lodgings. Additional lodgings. Successive lodgings. Joint lodgings. Period of qualification. General application of occupier's name in rate "The other provisions" of the Act of 1867 as to rating are especially those of s. 3. 6. (1.) Lodgings occupied by a person in any year or two successive years shall not be deemed to be different lodgings by reason only that in that year or in either of those years he has occupied some other rooms or place in addition to his original lodgings. (2.) For the purpose of qualifying a lodger to vote, the occupation in immediate succession of different lodgings of the requisite value in the same house shall have the same effect as continued occupation of the same lodgings. (3.) Where lodgings are jointly occupied by more than one lodger, and the clear yearly value of the lodgings if let unfurnished is of an amount which when divided by the number of the lodgers gives a sum of not less than ten pounds for each lodger, then each lodger, if otherwise qualified and subject to the conditions of the Representation of the People Act, 1867, shall be entitled to be registered, and when registered to vote as a lodger, provided that not more than two persons being such joint lodgers shall be entitled to be registered in respect of such lodgings. See further as to lodgings, s. 4 of the Act of 1867 and the notes thereto. 7. In every parliamentary borough and in every municipal borough every period of qualification for parliamentary voters and burgesses respectively which is now computed by reference to the last day of July, shall, instead of being so computed, be computed by reference to the fifteenth day of July. The term "Period of qualification " in this section shall include any period of occupation, residence, possession, receipt of rents and profits, and non-receipt of parochial relief or other alms. See ss. 27, 31, 32, and 33 of the Act of 1832, ante, and ss. 3 and 4 of the Act of 1867, ante. by s. 12 of the Registration Act, 1885, post, the date of 15th July is also applied in counties. 14. Whereas by section nineteen of the Poor Rate Assessment and Collection Act, 1869,* the overseers in making out the poor rate are required in every case, whether the rate is collected as to entries of from the owner or occupier, or the owner is liable to the payment of the rate instead of the occupier, to enter into the occupier's column of the rate book the name of the occupier of every rateable hereditament, and it is thereby declared that every such occupier shall be deemed to be duly rated for any qualification or franchise as therein mentioned; and whereas doubts have been entertained as to the application of this enactment, and it is expedient to remove them: Be it therefore enacted that the recited enactment shall not be deemed to apply exclusively to cases where an agreement has been made under section three of the same Act, or where an order has been made under section four of the same Act, but shall be of general application. This section affirms Smith v. Seghill, L. R. 10 Q. B. 422. 42 Vict. c. 10. An Act to amend the Poor Rate Assess- 42 Vict. c. 10. ment and Collection Act, 1869. BE IT ENACTED, as follows: [23rd May, 1879. 1. This Act may be cited as the Assessed Rates Act, 1879, Construction. and shall be construed as one with the Poor Rate Assessment and Collection Act, 1869, in this Act called the principal Act. 2. Where by way of commission or abatement or deduction Effect of under the principal Act, or purporting or assumed to be under allowance or the principal Act, an allowance or deduction has, before the deduction as passing of this Act, been or shall hereafter be actually made, qualification regards the same shall, for the purpose of every qualification or franchise or franchise. depending upon rating or upon payment of rates, be deemed to have been duly made in pursuance of every or any agreement, order, notice, or proceeding necessary for the validity thereof under the principal Act, and to have been and to be an allowance or deduction which the overseers were and are empowered to make from the rate under the principal Act; and no qualification or franchise depending upon rating or upon payment of rates shall be defeated by reason of such allowance or deduction not having been made in pursuance of an agreement in writing, order in writing, or notice in writing, or by reason of the want or insufficiency of any agreement, order, notice, or proceeding necessary for the validity thereof under the principal Act, or by reason of any informality or defect in the making thereof; Provided always, that this Act shall not relieve any overseers from any liability which they have incurred or may incur by making an allowance or deduction otherwise than in pursuance of the provisions of the principal Act, or affect any remedy for the recovery of the amount of such allowance or deduction. This enactment was passed in consequence of the decision in Bennett v. Atkins, 4 C. P. D. 80 (see note to s. 3 of Act of 1869, ante). 46 & 47 Vict. c. 35. Diseases Prevention (Metropolis) 46 & 47 Vict. Act, 1883. 7. The admission of a person suffering from infectious disease into any hospital or hospital-ship provided by the managers, or the maintenance of any such person therein, shall not be considered to be parochial relief, alms, or charitable allowance to any person, or to the parent of any person, and no such person or his parent shall by reason thereof be deprived of any right or privilege, or be subject to any disability or disqualification. In This enactment applies to the metropolis only. There appears to be no corresponding enactment having a general application, in England. Ireland, by 25 & 26 Vict. c. 83, s. 6, the disqualification does not attach, if the maintenance be paid for by the party. As to disqualification by medical relief, see s. 36 of the Act of 1832, p. 25, ante. 46 & 47 Vict. 46 & 47 Vict. 51. Corrupt and Illegal Practices Prevention Act, 1883. [25th August, 1883. c. 51. Disqualifica tion for corrupt practice at parliamentary election. Disqualifica tion for illegal practice at parliamentary election. 6. (3.) A person who is convicted on indictment of any corrupt practice shall (in addition to any other punishment as above provided) be not capable during a period of seven years from the date of his conviction : (a) Of being registered as an elector, or voting at any election in the United Kingdom, whether it be a parliamentary election or an election for any public office within the meaning of this Act. See further s. 36 and 37 of the Act, post, Part V., "The Election," where the Act is printed at length. 10. A person guilty of an illegal practice whether under the foregoing section, or under the provisions hereinafter contained in this Act, shall on summary conviction be liable to a fine not exceeding one hundred pounds, and be incapable during a period of five years from the date of his conviction of being registered as an lector, or voting at any election (whether it be parliamentary, or an election for a public office within the meaning of the Act), held for or within the county or borough in which the illegal practice has been committed. 47 & 48 Vict. 47 & 48 Vict. c. 70. Municipal Elections (Corrupt and c. 70. Disqualifica tion for corrupt practice at municipal election. Disqualification for illegal practice at municipal election. Illegal Practices) Act, 1884. [14th August, 1884. 2. (2.) A person who commits any corrupt practice in reference to a municipal election shall be guilty of the like offence, and shall on conviction be liable to the same punishment, and subject to the like incapacities as if the corrupt practice had been committed in reference to a parliamentary election. 7. A person guilty of an illegal practice in reference to a municipal election, shall on summary conviction be liable to a fine not exceeding one hundred pounds, and be incapable during a period of five years from the date of his conviction of being registered as an elector or voting at any election (whether it be a parliamentary election or an election for a public office within the meaning of this Act), held for or within the borough in which the illegal practice has been committed. |