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PARLIAMENTARY ELECTION ACTsº.
FOR
ENGLAND AND WALES,
ARRANGED ACCORDING TO THE
QUALIFICATION AND THE REGISTRATION OF ELECTORS,
ELECTORAL AREAS, THE DISQUALIFICATION OF CANDIDATES,
THE ELECTION AND THE ELECTION PETITION,
WITH
NOTES, HISTORY AND SUMMARY,
BEING A TREATISE ON THE LAW OF THE ELECTION OF MEMBERS IN ENGLAND
AND WALES TO THE HOUSE OF COMMONS OF THE UNITED KINGDOM,
BY
J. M. L ELY,
of THE Oxford CIRCUIT,
EDITOR of “CHITTY's STATUTEs,” ETC.; AND
W. D. I. FOUL KES,
OF THE WESTERN CIRCUIT,
JOINT EDITORS OF “THE JUDICATURE ACTs,” AND BARRISTERS-AT-LAW.
LONDON :
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1885.
I/ONDON :
PRINTED BY WILLIAM CLOWES AND SONS, LIMITED,
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THE object of this book is to provide a treatise on the law of
the election of members in England and Wales to the House
of Commons of the United Kingdom, based on the statutes
and rules which now comprehend it.
With this view the enactments have been divided into
Six Parts, under the heads of the Qualification and the
Registration of Electors, Electoral Areas, the Disqualification
of Candidates, the Election and the Election Petition respec-
tively. Each Part contains, in chronological sequence, all
the enactments relating to its particular subject, with notes
and cross-references. The marginal notes, which have no
legal value, and are sometimes redundant, and still more
frequently defective, have been carefully re-written with the
view both of guiding the eye in the mass of enactments, and
of extracting the essence of each provision.
The annotations aim at embodying all the cases which
have been decided upon the Acts, and the other cases applic-
able to the subject, with references to all the reports, and
at supplying such brief comment as may be useful. Differ-
ences between the old law and the new are duly pointed out.
Darliamentary Registration being practically inseparable
from Municipal Registration, the Parliamentary and Muni-
cipal Registration Act 1878 and the Registration Act 1885
are printed entire, the Municipal Qualifications also being
given in a note, so as not to leave that subject incomplete.
In a History and Summary prefixed to the Acts, the
Editors have traced as briefly as possible the law of Parlia-
mentary Elections from the earliest times to the present, and
* 2°25- ) 2C
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TABLE OF CONTENTS.
PAGE
PRITACID . . . . . . . . . . . . . . . . . . . iii
TABLE OF STATUTIS . . . . . . . . . . . . . . . vii
TABLIC OF CASIS . . . . . . . . . . . . . . . . ix
IIISTORY AND SUMMARY . . . . . . . . . . . . . . xiii
PART I.
QUALIFICATION OF ELIECTORS . . . . . . . . . . . . . l
PART II.
REGISTRATION OF ELECTORs . . . . . . . . . . . . . 74
PART III.
IBLECTORAL AREAS . . . . . . . . . . . . . . . . 245
TABLIC or PARLIAMENTARY COUNTIES AND BOROUGIIs . . . . 339
PART IV.
DISQUALIFICATION OF CANDIDATES . . . . . . . . . . . 345
PART W.
TIII ELECTI ON º º • e º • - e * s º ſº e e º * e 388
IPART VI.
ELIOTION PIETITIONS . . . . . . . . . . . . . . . 521
INDEX © * & t º º te tº & º º º & * º * - tº º 557
TABLE OF STATUTES.
*** The statute or section is printed at the page given.
3 Edw. 1, c. 5 . . . . . .
8 Hen. 6, c. 7 . . .
10 Hen. 6, c. 2 . .
27 Hen. 8, c. 26 . . . . .
5 & 6 Will. & M., c. 7, s. 59 . .
tº-mºmesº- c. 20, s. 32 .
7 & 8 Will. 3, c. 7, ss. 3–6 . .
—— c. 25, SS. 1, 2 . .
S. 6 . . .
4,
S. 7 .
12 & 13 Will. 3, c. 2, s. 3 .
— c. 10, S. 88 . .
6 Anne, c. 7 (c. 41, rev. Stat.),
SS. 24–29 . . . . . .
7 Anne, c. 20, s. 22
10 Anne, c. 23 . . .
I Geo. I, st. 2, c. 38 .
— c. 56 . . .
6 Geo. 1, c. 18, s. 10 .
7 Geo. 2, c. 16, s. 4 .
15 Geo. 2, c. 13, S. 8 . .
— c. 22, SS. 1–3 .
18 Geo. 2, c. 18
19 Geo. 2, c. 28 . .
21 Geo. 2, c. 19, s. 11.
3 Geo. 3, c. 15
20 Geo. 3, c. 17
22 Geo. 3, c. 45 . . . .
—-— c. 82, SS. 1, 2, 30 .
24 Geo 3, c. 26 . . . .
26 Geo. 3, c. 100 .
33 Geo. 3, c. 64 . . . .
39 & 40 Geo. 3, c. 67, Art. 4
41 Geo. 3, c. 52 e - e.
c. 63 . . .
42 Geo. 3, c. 116, s. 185 .
44 Geo. 3, c. 54, s. 58
48 Geo. 3, c. 140, s. 14
52 Geo, 3, c. 38, s. 195
— c. 68, s. 176
53 Geo. 3, c. 49 *
— c. 89
54 Geo. 3, c. 16
56 Geo. 3, c. 4
c. 9
ë, s. 8
8, s. 16
*-e Q-e-
IPAGE PAGE
388 57 Geo. 3, c. 62, s. 10 . 366
2 — c. 64, S. 15 . 367
4 || 1 & 2 Geo. 4, c. 44, S. 1 . 367
244 || 4 Geo. 4, c. 7, s. 3. . . . 367
346 || 7 Geo. 4, c. 32 tº gº . 368
347 || 7 & 8 Geo. 4, c. 53, s. 8 . 368
389 || – — c. 65, S. 5 . . 369
390 10 Geo. 4, c. 7, ss. 2, 9 . 11, 369
4 — c. 44, S. 18 . 12, 370
347 | –— c. 62 . . . . 370
348 || 1 & 2 Will. 4, c. 33, s. 11 . . 371
348 || 2 Will. 4, c. 45 (Reform Act)
ss. 1–10 . . . 245
349 S. 11 . . . . 397
352 SS.15–17,& Scheds. 249
5 SS. 18–36. . . 13
391 | — ss. 61–79. . . 398
352 || 2 & 3 Will. 4, c. 40, s. 1 . . . 371
352 — c. 87, s. 36 . 371
353 || 5 & 6 Will. 4, c. 35, s. 5 . . . 371
353 | — c. 36 . . . . 402
353 6 & 7 Will. 4, c. 13, s. 18 . . 372
6 c. 29, s. 19 372
7 || 2 & 3 Wict. c. 81, s. 3 ſº 28
354 — c. 93, S. 9 28
8 || 4 & 5 Vict. c. 35, s. 5 . 372
9 || 5 & 6 Wict. c. 35, s. 184 . . . 29
355 || 6 Wict. c. 18 (Registration Act,
357 1843), ss. 1–71 74
391 SS. 73–8 © e 29
9 — SS. 79–97 403
394 || 10 Vict. c. 21 . . . 409
358 || 11 & 12 Vict. c. 90 . . 33
358 || 13 & 14 Wict. c. 94, s. 3 . 372
362 | 1.4 & 15 Vict. c. 14 . . . 120
364 c. 42, ss. 10, 20 372
364 - c. 57, S. 2 . . 373
364 || 15 & 16 Vict. c. 23 . 410
364 | 16 Vict. c. 15, ss. 2, 3 410
364 | 16 & 17 Vict. c. 57, s. 2 . 373
11 —— c. 68 . . 411
394 | — c. 137, s. 5 373
365 | 17 & 18 Vict, c. 57 . . . . 412
365 c. 102 (Corrupt
366 Practices Act) . . . . .
viii
STATUTES.
TAl3LE OF
17 & 18 Vict,
19 & 20 Vict.
º-"
*-* *
20 & 21 Vict,
21 & 22 Vict,
-*-*
-
24 & 25 Vict.
25 & 26 Vict,
26 Vict. c. 20 .
26 & 27 Vict,
27 & 28 Vict.
I’AQ I.
c. 117, s. 11 . 378
c. 2, 8.9 . . 373
c. 69, s. 9 . . 34
c. 116 . . . 373
c. 60, s. 14 , 374
c. 79, s. 7 . . 374
c. 72, s. 7 . . . 374
c. 106, SS. 4, 12 . 374
c. 110 . . 374, 418
c. 53 . . . 419
c. 112, 8, 9. , 253
c. 99, S. 4. . 375
• * * . 422
c. 29, 8, 6 . . 423
c. 65, 8.5 . . 376
28 Vict, c. 36 (Registration Act,
1865). .
29 & 30 Vict.
*-
30 & 31 vict. c. ºf, s \ .
— c. 84, 9.26 . .
tion of People Act), SS. 1–7
c. 34 376
* tº a tº 121
c. 39, 8.3 . . 377
c. 54 . 126
c. 55, S. 1 . 377
. 378
c. 72 . 378
34
— c. 102 (IRepresenta-
. 35
ss. 9–11 . . 423
ss. 11–16 . 40
ss. 17–25 . 254
ss. 26, 27 . 42
SS, 28–32 . I26
8s, 33-37 . 424
ss. 41–45 . 425
SS. 40, 46 . 43
S. 47 . . 426
SS. 49–51 .. 426
S. 52& Schod. 378
S. 53 . 44, 427
SS. 55, 56 44
ss. 57, 58 427
S. 59 . 45
S. 61. . 45, 428
-*-***
c. 114, S. 9 . . .
31 & 32 Vict. c. 58 (IRogistration
Act, 1868),
88. 1–20
S. 21
SS. 2
-*s-, m--
- *-
-*-**
c. (35
C, 73
232.
8.33 .
- c. 125 (Parliamen-
tary Elections Act, 1868).
32 & 33 Vict,
-*-*
(?,
c. 15, S. 1 . .
41 (Poor Tate
*
Assessment and Collection Act) 46
-*-*
- *-
c. 42, 8.9 . .
—— c 43, 8. 17 . . .
33 Vict. c. 14 .
#3 & 8 Vict, c. 10, s. 14
380
379
379
50
PA(; ſº,
33 & 34 Vict. c. 17, ss, 2, 3 . . 380
- c. 23, S. 2 . 52, 380
— c. 75, S. 91 . 53
34 & 35 Vict. c. 70, s. 4. . . . 381
35 & 36 Vict. c. 33 (Ballot Act). 430
--- c. 44, s. 4. . . . 381
———— c. 58, S. 41 . 381
36 & 37 Vict. c. 70 . . 134
*-*-** c. 77, s. 6 . 382
37 & .38 Vict, c. 22 . , 53
*-* c. 53 . . 137
38 & 39 Vict. c. 77, s. 5 . 382
—— c. 84 . . 456
39 & 40 Vict, c. 79, s. 10 . 54
40 & 41 Vict. c. 57, S. 13 . 38.2
41 Vict. c. 3 . . . . . . 54
41 & 42 Vict. c. 26 (Parlia-
mentary and Municipal
l{egistration Act) . 139
42 Vict. c. 10 . . . , 56
42 & 43 Vict, c. 75 - , 554
44 & 45 Vict. c. 49, s. 54 . 382
c. 68, S. 13 . 554
s. 14. . 163
45 & 46 Vict. c. 49, s. 38 . . 383
—– c. 50, s. 163 (6) . 383
S. 244 . . 464
46 & 47 Vict. c. 35, s. 7 . . . 57
c. 51 (Corrupt and
Illegal Practices Act, 1883) . 465
*- —— 8s. 6, 10 57
SS. 4, 5, 11,
38, 46 . . . 383
——— c. 52, SS. 32, 33 . 385
s, 116 (1) 386
47 & 48 Vict. c. 16, SS. 5, 6 . . 386
——— c. 70, s. 2, subs. 2. 387
8, 7 . . . .58
48 Vict. c. 3 (Representation of
I’eople Act, 1884) . 59
— d. i0 (Hours of poil Act) 515
—-— o, 15 (Registration Act,
1885) . . . . . . . 16:
48 & 49 Vict, c. 23 (Seats Act,
1885), ss. 1–9 257
s. 10 . 72, 236
S8. 12–16 . 516
8. 17. . 238
——— — — SS, 18–26 . 262
SS. 27, 28 . 72
ss, 29–34 . 240
c. 46 (Medical Re-
lieſ). . . . . . . 78
— c. 56 . . . . 519
c. 57 (Revising
Darristors) . . . . . 243
c. 6i . . . . .387
c. 62 (Returning
. . . . . . 520
Officers),
TABLE OF CASES.
.*. Only the alternative references not given in the text are given here.
—e-O-O-
PAG I.
A. IBoswick v. Alker . . . . 15
PAGE | T3owdley Case, The . . . . 26
Abel v. Ilee, 40 IL. J. C. P. 154;
23 L. T. 844; 19 W. R. 625 . 36
Adams v. Bostock . . . . 157
Adey v. Hill, 16 L. J. C. P. 63. 107
Alcock's Case . . . . . . .348
Allworth v. Dore, 17 L. J. C. P.
142 . . . . . . . . 106
Amherst v. Somers . . . . 66
Ancketill v. Baylis, 52 L. J. Q. 13.
104; 48 L. T. 342; 31 W. T.
233; 1 Colt. 289 . 163, 37
Anelay v. Lewis . . . . . .31
Ashby v. White . . . . . 111
Ashcroft's Case . . . . . 97
Ashmore v. Lees, 15 L. J. C. P.
65 . . . . . . 13, 31
Astbury v. Henderson . . . 8
— v. Leo . . . . . 13
Attorney-General v. Bradlaugh
- 348, 369
Austin v. Cull - ºn º 36
Autey v. Topham . . . . 105
B.
Bakowell v. Peters . . . . 71
I3allard v. Robins, 37 L. T. 436;
26 W. R. 80 ; 2 H. & C. 384 , 156
Barclay v. Parrott, 26L. J. C. P.77 112
Barnes v. Peters . . . . . 37
JBarrow v. Buckmaster, 22
L. J. C. l’. 65 . . . . . 13
Dartlett v. Gibbs, 13 L. J. C. P.
40 . . . . . . 157, 191
Daxter v. Newman, 14 L. J. C. P.
193 . . . . . . . 32
IBeal v. Ford . . . . . . 24
I}edford Case, The . . . . . . . 26
Boonlen v. Hockin, 16 L. J. C. P.
49 . t 191, 192
Bell v. Crane, 42 L. J. M. C. 122;
29 L. T. 207; 21 W. R. 911 . 66
I3endle v. Watson, 41 L. J. C. P.
15; 25 L. T. 806; 20 W. R.
145; 1 H. & C. 591 156, 157
Benesh v. Booth . . . . . 112
Bonnet v. Brumfitt . . . . 97
Hennett v. Atkins, 48 L. J. C. P.
95; 40 L. T. 66; 27 W. R. 231 57
IBirch v. Edwards . . . . II 2
Ibishop v. Helps, 15 L. J. C. P. 43 113
I31ain v. Pilkington . . . . 88
Dond v. St. George's, Hanover
Sq., Overseers . . . . . 38
Roon v. Howard . . . . . 55
Bradley v. Daylis . 37, 163
IBrewer v. McGowen . . . . 37
Brown v. Tamplin, 27 L. T. 610;
25 W. R. 125; 2 H. & C. 17 107
Brumfitt v. Brommer, 3 L. T. 375;
9 W. R. 144 . . 99, 100
——— v. Toberts, 22 L. T. 301;
18 W. I. 678; 1 H. & C. 387. 3
Buckley v. Wrigley, 25 L. T. 835;
1 II. & C. 661 . . . . .
Bulmer v. Norris, 3 L. T. 470;
9 W. R. 122. . . . º
J3unting's Case . . . . . 15
Burton v. Blake . I ()7
—— v. Brooks . 31, 95
—— v. Gery . . . . . 76
v. Langham, 17 L. J. C. P.
253 . . . . . . . .
I}ushell v. Eastes, 31 L. J. C. P.
44; 5 II, T, 580; 10 W. R. 153 3
C.
Capell v. Aston Overseers . . 15
Cheltenham Case, The
Chorlton v. Johnson . . . . 15
v. Ressler, I H. & C. 42 3
v. Lings 36, 42
—— v. Stretford . . . . 39
v. Tonge Oversecrs. . 131
Christ's College v. Martin, 46
I. J. Q. IS. 591; 36 L. T. 537;
25 W. R. 637 . . . . . 105
Cironcester Caso, The . . . 26
Clark v. 13ury St. Edmonds Over-
seers, 1 C. B. (N.S.) 23 . . 60
Clarko v. Beaton . . . 106
v. Bradlaugh , 369
Clementson v. Mason, 32 L. T.
325; 23 W. R. 620 . 443
Colchester Case, The . . . 26
Collier v. Ring, 5 II. T. 674; 10
W. R. 131 . . . . . .
-*
*
§ {
X TAl3LI) () [" CASES.
*.**-
PAG I.
Colvill v. Lowis . . 106, 118
Coogan v. Luckett 38
Cooke v. Luckoll, 15 L. J. C. P.
78 . . . . . . . . 110
Cooper v. CoatOB . . . . . 112
w. Slado . . . . . 414
Courtis v. Iłlight, 5 L. T. 450; 10
W. R. 172 . . . . . . 192
(Jricklado (Jaso, The . . . . 26
Cross v. Allsop, 23 11, T. 589; 19
W. I. 131; 1 II. & O. 444 . 49, 145
Crouchor w. IBrowno . . . . 22
Crush v. Turner, 47 I. J. Tºx. 639;
39 L. T. 595; 26 W. R. G73 . I6:
Cuming v. Toms, 14 L. J.O. P. 54 113
I).
I)aniel v. Camplin . . . . . . . 19.
Davis v. Hopkins, 3 C, IS, (N.S.)
376 . . . . . . . . 76
—— v. Waddington, 14 L. J.
(). I’. 45 . . . . . . . 81
Dawson v. Iłobbins, 46 T1, J. (). I’.
(32; 25 L. T. 599; 25 W. T. 212 3
I)o 130 invillo v. Arnold, 26
L. J. (). I’. 65 . . . . . 109
Do (Hoor v. Slono, 52 T. J. Ch. 57;
47 I. T. 434; 31 W. I. 241 - 348
Devonish v. Digby . . . . 26
Dowhurstv. I'ieldon, 14 II, J. O. I’.
126 . . . . . . . . . . 19
Dodds v. Thompson, 14. W. Ił.
476 . . . . . . . .
IDruilt v. Christ (jhurch OVor-
#(\{}l'8 . . . 3, 13
Durant v. Carlor, 29 I. T. 681;
22 W. lt. 158 . . . . .
w. IVonnot, 21 II. T. 603;
18 W. R. 286; 1 II. & O. 207. 36
I)yco v. 1308! tº e ſº . 351
w
I}.
Tarl Bonuclamp v. Madrosſlold. 36
IJust Counties Tailway Company
v. Marriage, 31 Tu, J. DX, 78;
8 W. li. 748 . . . . .
I}lliot v. St. Mary Curlislo Over-
H001'8 . . . . . . 76, 156
I}llis v. 13urch, 24 II. T. 679; 1
G(;
II. & O. 590, 537 . . . . 55
f I'.
I'air v. McGushey . . . 401
l'aulknor v. 13oddington Ovor-
Boors . . . . . . . . 13
I'ord v. Boon, 41 L. J. (). P. 28;
25 L. T. 830; 20 W. It, 257 . 109
v. Drow . . . . 21
l’AQI.
I'ord v. Harrington, 39 II. J. C. P.
107; 21 L. T. 609; 18 W. R.
289; 1 II. & O. 331 . . . 36
— v. IIart. . . . . 23, 71
v. IIoar . . 157, 158
v. Pyo tº tº 19
Forsyth's Caso . . . . . . 849
I'ox v. Dalby, 44 I. J. C. I’. 42;
31 L. T. 478; 23 W. R.
244; 2 II. & O. 261 18, 36, 60
—— v. Davies, 18 L. J. O. P. 48 19
Frooman v. Newman . . 78, 192
—- v. Gainsford, 11 II. T.
675; 13 W. I. 343 . . . 81
I'riond v. Towers . . . . . 157
Fryer v. Bodonham, 38 L. J. (J. P.
185; 19 L. '1'. 645; 17 W. R.
294; 1 II. & C. 204 32, 36
G.
Sadsby v. Barrow, 14 L. J. C. I’.
5 a tº gº tº tº tº º 14
Gainsford v. Trooman, 13 II. T.
595; 14 W. R. 203 . . . 14
Galway . . . . . . . 849
Galway County . . . . 467
Garbutt v. Trevor, 9 L. T. 535 , 39
Gaydon v. Poncraſt . . . 22
Gloucestorshiro (Juse, The . . 26
Godboll w. Innons . . . . 78
Grampound . . . . . 848
Grconway v. Batcholor . . . 147
II.
Hacknow Caso. . . . . . 437
lladſlold's Caso . . . . . 17
II all v. Ilowis, 31 L. J. C. P. 45 3
Ilannaford v. Whiteway . . 112
Ilamilton v. 13088 . . . .3
Ilargrouvos v. IIopper . . . 36
II arrison v. Carter . . 26, 27
Ilarvoy's (Jaso . 349
IIarwich Caso . . . . . .349
IIayward v. Scott, 49 L. J. C. P.
167; 28 W. It, 988; 1 Coll, 76
25, 157
IIoolis v. Iłlain . . . . . 17
Holston Caso . . . . . .
Hicks v. Fiold . . . . . 24
IIindo v. Chorlton, 36 L. J. (). P.
9; 15 L. T. 472; 15 W. I. 226 3
IIinton v. Hinton Wenlock, 14
I. J. C. I’. 58 . . . 107, 115
Ilitollins v. Drown, 15 L. J. C. P.
38
ILornsby v. Robson, 26 L. J. C. P.
65 . . . . . . . . 113
Ilowott v. Stoplions . . . . 191
IIoyland v. Dronnor . . . 4
9.
TABLE OF CASES. Xi
PA () I.,
Huckle v. Piper • * * * *
IIughes v. Chatham Oversoors,
13 L. J. C. P. 44 . . . 18, 60
IIunt v. Sharp . . . . . 112
Hurdle v. Waring, 30 L. T. 329;
22 W. R. 735 . . . . 432
J.
Jacobs' Case . . 147
James v. Howarth, 28 W. I. 923;
#1 Colt. 87 . . . . . . 157
Jeffrey v. ICitchenor, 14 L. J. C. P.
75 . . . . . . . . 24
Jones v. Iłubb, 38 L. J. C. P. 57;
I9 L. T. 483; 17 W. It, 205;
1 II & O, 128 . . . . 36, 49
—— v. Jones . . . 191, 192
v. Morsoy Docks . . . 61
—— v. I'ritchard . 115, 192
K.
King v. Burroll . . . . . 401
IKirby v. Biffon . . . . . 37
Kirton v. Dear . . . . . 8
Knowles v. Brooking, 15 L. J. C. P.
109 . . . . . . . . 192
L
Lawo v. Maillard, 38 L. J. C. P.
179 . . . . . . . 109
Lawrenco v. Wilcock . . . 105
Lawson's Case. . . . . . 847
Loe v. Ilutchinson, 20 L. J. C. P. 3
4. . . . . . . . 8, 31
Leonard v. Alloways, 40 L. T. 197
77,78, 92
Lowis v. Evans . . . . . 113
— v. Toborts . . 112
Lilloy v. Corne . 414
Little v. Penrith Oversoors . . 110
Lowcock v. Broughton Overseers 17
Luckett v. Voller, 31 L. J. C. l’.
43; 5 L. T. 312; 10 W. R. 105 107
Lynch v. Whoatley . . . . 158
M.
McLaron v. Home, 5 L. J. Q. I}.
658; 4.5 L. T. 350; 30 W. It, 85 432
Malcolm v. Parry . . . . 439
Marshall v. Bown, 14.I. J. C. P. 129 4
Mashittor v. Dunn, 18 11. J. C. P.
80 . . . . . . . . 26
Mather v. Allandalo Ovorsoors . 156
Molbourno v, Groomflold 115, 192
Millor v. Salomans . . 369
Mooro v. Carisbrooko Ovorsoors,
22 L. J. (). I?. 64 $ tº
Moorhouse v. Gilbertson
Ji .
:
PA() ſº
Morfeo v. Norris . . . . . 37
Morgan v. I’arry . . . . . 81
Moss v. Ditchfield . . . . 110
Murray v. Thornley, 15 L. J.C. P.
155 . . . . . . . . 17
N.
Nottleton v. Burrell . . . . 95
Newton v. Crowley Overscore 5
- v. Hargreaves, 15 L. J.
O. I’. 154 . . . . . 5
- Overseers v. Mobberley,
15 L. J. C. I’. 154 . 5, 106
Norris v. Pilcher, 19 L.T. iG3.
17 W. I. 225 . . . . . I 12
Norrish v. Harris, 14 L. T. 764;
14. W. T. 479 18
North IBorwick , 349
Northcoto v. Pulsſord . 441
Noseworthy v. Buckland , 112
Nuth v. Tamplin, 51 L. J.
177; 30 W. R. 346
Q. B.
108, 150, 163
I?.
Palmor v. Allon, 18 L. J. C. P. 5 107
Passingham v. l’itty . . . . 109
Petersfield Case, The . . . 26
I’othorbridge v. Ash . . 105, 106
Philips v. Salmon, 47 L. J. C. P.
53; 37 L. T. 579; 2 H. & C. 339 3
Philpotts v. Philpotts . . . 5
Pickard v. Baylis, 49 L. J. C. P.
182; 41 L. T. 509; 28 W. R.
256; 1 Colt. 98 109,150, 157
Pickoring v. James, 42 L. J. C. P.
217; 21 W. R. 786 . . . 432
Piorcy v. Maclean . . . . 18
Pitts v. Smedley, 14 L. J. C. I’.73 107
Points v. Atwood, 18 L. J. C. P.
19 . . . . . . . 76, 115
Porrott v. Lord . . . 157
I’owell v. Farmer, 34 L. J. C. 12.
71; II L. T. 736; 13 W. R. 467 18
v. Guest, 11 L. T. 599; 13
W. R., 274. . . 19, 38
Pownall v. Ilood . . 106
Pring v. Estcourt . . . . 95
l’rior v. Waring . . . . . 97
Proctor v. Annison, 1 L. T. 187 . 16
l’roudfoot v. Barnes . . . 153
l’ryco v. Belchor, 16 L. J. C. P.
264 . . . . . . . . 111
IR.
Rawlins v. Wost Derby Over-
soors, 15 L. J. (J. P. 70. 76, 77, 106
R6 Allon, 6 (). B. (N.S.) 234. , 108
l{oading Caso . 352, 359
xii TABLE OF CASES.
PAGE
Iłeg. v. Institute of Civil Engi-
meers, 49 L. J. M. C. 34; 42
L. T. 145; 28 W. R. 253 . . 66
v. Mayor of Bridgnorth . 44
— v. Metropolitan Board of
Works, 38 L. J. M. C. 24; 19
L. T. 348 . . . . . . 66
v. St. Martin’s, Leicester . 66
Rendlesham v. Haward, 29 L. T.
679; 22 W. R., 157; 2 H. &. C.
175 . . . . . 36
Riley v. Crossley . . . . , 5
Roberts v. Percival, 18 C.B.(N.S.)
36; 11 L. T. 683; 13 W. I. 265 31
Robson v. Brown . . . . . 97
IRolleston v. Cope, 40 L. J. C. P.
160; 24 L. T. 390; 19 W. R.
927; I H. & C. 488 . 3, 4
Rothschild’s Case . 355
Itoyse v. Birley, 20 L.T. 786; 17
W. R. 827 . . . . . . 355
Ryder v. Hamilton , 436, 443
S.
Scott v. Durant, 11 L. T. 676; 13
W. R. 316 . . . . . . 95
Sheil v. Ennis. º . 432
Sherlock v. Steward . . . . 3
Sherwin v. Whyman, 43 L. J.
C. P. 36; 29 L. T. 680; 22
W. R. T.27 95, 97
Simey v. Dixon, 41 L. J. C. P. 18;
25 L. T. 811; 20 W. R. 238 . 193
v. Marshall. . . . . 13
Simpson v. Yeend, 21 L. T. 56;
17 W. T. II ()0 . . . . .
v. Wilkinson, 14 L. J.
C. P. 49. . . . . . . 31
Smith v. Birmingham Guardians 66
—— v. Foreman, 11 L. T. 673;
13 W. R. 291 . . . . .
v. Hale, 9 L. T. 413; 12
W. R. I72 . . . . . . 26
— v. Holloway . . . . 78
—— v. Huggett . . . . 112
v. Seghill, 44 L. J. M. C.
II4; 32 L. T. 859; 23 W. R.
745 . . . . . . . 49, 145
—— v. Woolston . . . . 157
Spencer v. Harrison, 41 L. T. 676; .
28 W. R. 985 . . 39, 414
Stannanought v. Hazeldine, 40
L. J. M. C. 89; 40 L. T. 589;
27 W. R. 620 . . . d
Steele v. Bosworth, 11 L. T. 937;
13 W. R. 260 . . . .
414
gºº smºs
30
434
!, 31
l’AGR
Stowe v. Jolliffe, 43 II. J. C. P.
265; 30 L. T. 795; 22 W. R.
911 . . . . 25, 157, 436
Sulston v. Norton. . . 414
T.
Taunton Case, The . . . . 11
Taylor v. Kensington Overseers 38
Thackway v. Pilcher . . . 115
Thompson v. Pearce . . . . 355
Thorniley v. Aspland . . . 4
Toms v. Cuming . 78, 112
Topham v. Kelleher . . . . 95
Trenchard’s Case. . . . . 347
Trenſield v. Lowe, 20 L. T. 394;
17 W. R. 673 . . . . . 13
Trotter v. Trevor . . . . . 26
—— v. Walker . . . . 193
Truscott v. Bevan 414, 520
W.
Wade's Case . . . . . . 351
Wadmore v. Doar, 4.1 L. J. C. P.
49; 26 L. T. 28; 20 W. R. 239 3
Walker v. Payne, 15 L. J. C. P.38 191
Wallis v. Birks, 39L. J. C. P. 106;
22 L. T. 268; 18 W. R. 734 . 3
Wanklyn v. Woollett . . 95, 97
Wansey v. Perkins . . . . 121
—-- v. St. Peter-le-Poor Over-
SGGl'S . . . . . . . 106
Warburton v. Denton . 39
Watson v. Cotton, 17 L. J. C. P. 68 107
Webb v. Aston Overseers . . 16
Webster v. Ashton-under-Lyne
Overseers e . I7, 107
West v. Robson . . . . . I5
Westminster Case, The . . . 51
White v. Pring . . . . . 107
Whitehorn v. Thomaas, 14 L. J. C. P.
38 . . . . . . . 19, 107
Whitmore v. Wenlock Town
Clerk, 13 Tu. J. C. P. 55 . . I8
Wigton Case, The . tº &
Willis v. Machachlan . . . 125
Wilson v. Salford, L. R. 4 C. P.
389; 19 L. T. 483 . . . 36, 95
Wood v. Hopper, 33 L. T. 531;
24. W. R. 187 * e e e
—— v. Willesden Overseers, 15
I. J. C. P. 41 . . . . . 156
Woodward v. Sarsons . . . 437
Wright v. Stockport Town Clerk,
13 L. J. C. P. 50 . . . 18
HISTORY AND SUMMARY
OF THE
LAW OF PARLIAMENTARY ELECTIONS
IN ENGLAND.
—º-
HISTORY.
THE House of Commons of the United Kingdom derives its
origin from the Great Council of the nation in England under
the Norman sovereigns, which was the successor of the Anglo-
Saxon Witanagemot. The Great Council was summoned by
the Sovereign when he required pecuniary aids beyond that
reserved to him as feudal superior. It was originally composed
on the one hand of the spiritual lords, and on the other of the
tenants in capite, or those who held land direct from the Crown
on condition of rendering military service, and these latter were
divided into majores barones and the rest of the tenants in
capite. At what date the division, foreshadowing the present
two estates of Parliament, took place, and what was its precise
nature, is uncertain ; but in the Charter of King John we find it
promised that whenever an aid or scutage is required “faciemus
summoneri archiepiscopos, episcopos, abbates, comites, et majores
barones regni Sigillatim per literas nostras et praeterea faciemus
in generali per vicecomites et ballivos nostros omnes alios qui in
capite tenent de nobis.” These lesser tenants in capite, summoned
in general through the sheriffs and bailiffs, were the nucleus of
the IIouse of Commons. By an easy transition these numerous
tenants in capite, instead of personally answering the summons,
sent some of their number, who represented the county of the
sheriff intrusted with summoning them. By a further transi-
tion, especially intelligible after the statute of Quia Emptores
(18 Ed. 1), which upon every alienation created a new tenant
of the Crown, all freeholders, whether holding direct from the
Crown or mediately, being present at the County Court at
which the election took place, took part in it. This practice
was not always confined even to freeholders, because by 7. Hen.4,
c. 15, the right to elect was attributed to “all who are there
present in the County Court, as well suitors duly summoned for
that cause as others.” That the electors at this period were
very numerous is clear from the preamble tó 8 Hen. 6, c. 7,
which recites “that elections of knights of shires have now
of late been made by very great outrageous and excessive
number of people dwelling within the same counties,” and
which confines the election to freeholders of lands to the value
xiv HISTORY AND SUMMARY.
of forty shillings a year, a provision which constitutes the first
statutory enactment as to elections still in force.
As the towns grew in prosperity, the sheriffs were directed to
summon representatives from them also. At what date this
first took place is matter of controversy; but we find that in
the 49th of Henry III. (1265), writs were issued at the instance
of Simon de Montfort to sheriffs of each county, to return not
only two knights for the body of their county, but two citizens
or burgesses for each city or borough. The qualification of
voters in boroughs and cities created counties of themselves
easily followed the analogy of the counties at large, but in the
great majority of cities and boroughs it presents a question of
great complexity; but it may be said that, apart from any
special terms in a charter of incorporation, or any special custom,
it resided in householders paying scot and lot or local rates and
taxes. Sometimes it belonged to the tenants of certain lands in
the borough, sometimes, when derived from a charter of incor-
poration, to the freemen, or general body of the corporation, and
sometimes, again, was restricted to its governing body. By 2
Geo. 2, c. 2, the last determination of the House of Commons
was made conclusive of the composition of the electors of any
borough. Whatever the electoral body in boroughs was, it
subsisted unchanged until the Reform Act of 1832, except that
in 1786, by 26 Geo. 3, c. 100, “occasional inhabitants” were
deprived of the right to vote, and six months tenure of the
qualification by inhabitancy of “potwallers” and others was
required.
While the counties except Chester, Durham, and Monmouth
from the earliest records of the House of Commons returned
each two members, the boroughs returning members varied
from time to timo, at one time through the sheriff failing
to summon burgesses, and at another, through the Crown grant-
ing the right to return members as a franchise, and again
at another through towns which had ceased to return members
reasserting their privilege on the well-recognized principle that
the right once obtained could not be lost by disuse. At the
accession of Henry VIII. 224 citizens and burgesses repre-
sented 111 towns; London returning four members (Hallam,
Const. Hist., vol. iii., p. 36, 8th ed.). All of these returned
representatives down to the Reform Act of 1832. In the same
reign representation was extended to Wales (27 Hen. 8, c. 26),
each of the twelve counties sending one member, to the counties
of Chester and Monmouth, and even to Berwick and Calais.
Edward VI. created fourteen boroughs; Mary, twenty-one ;
Elizabeth, sixty; and James I., twenty-seven. In 1673, the
county and city of Durham obtained by Act of Parliament the
right of representation, and the prerogative of the Crown was
recognized about the same time in the case of Newcastle, after
which it fell into disuse. The common law mode of represen-
tation, both of counties and boroughs, was by two members and
HISTORY AND SUMMARY. XV
no more, the only exception being that the City of London
returned four members, a number which was, for the first time,
reduced to two members by the Redistribution of Seats Act,
1885.
1t is a remarkable example of the local character attached at
one time to Parliamentary representation, that by the statute
8 Hen. 6, c. 7, already referred to, not only were the electors
required to be resident in the county, but the knights of the
shire also, and these provisions were not abrogated until 1774 by
14 Geo. 3, c. 58. The constituencies were also bound to pay
for the maintenance of their representatives during the session,
and on journeying to and fro, the sum of four shillings a-day for
knights of the shire, and two shillings for burgesses, a provision
which has never been taken from them by law, although it
gradually fell into disuse.
The amendments in the law, down to the time of the Reform
Act, with the exception of the statute of Anne, which restricted
the right of placemen under the Crown sitting in Parliament,
and was the origin of a long string of statutes, are of compara-
tively little importance.
In 1696, by 7 Will. 3, c. 25, minors were, by an Act decla-
ratory of the common law, pronounced disqualified; but their
return, both before and after the statute, was frequently con-
nived at, as in the instance of Charles James Fox, who not only
sat but delivered a speech before the age of twenty-one. By
the same Act, the votes of trustees and mortgagees were trans-
ferred from them to beneficiaries and mortgagors in possession,
and it was provided that conveyances of estates to multiply
votes should be void, and that no more than one person should
vote for the same house or parcel of land, a restriction upon
“faggot-voting” which, after being impliedly repealed by s. 29
of the Reform Act, 1832, has been partially re-enacted by s.4
of the Representation of the People Act, 1884. In the same
session was passed the first Act, 7 Will. 3, c. 4, for preventing
expense in elections.
“The Act of Anne,” 6 Anne, c. 7, was passed in 1707, for the
purpose of securing the independence of members, and of
preventing the House of Commons being overfilled with persons
holding office from the Crown. It provides that the holders of
new offices of profit under the Crown shall be altogether dis-
qualified from sitting (a provision which, upon the creation of a
new office in subsequent times, it has been very common to
except), and that the acceptor of any office of profit, whether
new or old, having a seat must present himself for re-election.
The Septennial Act, 1 Geo. 1, st. 2, c. 38, provided in 1714
that Parliament might continue for seven years instead of
three, as had been provided by the Triennial Act of William
and Mary (6 Will. & Mary, c. 2), which latter Act contains a
still unrepealed provision that there should be no longer
intermissions of Parliaments than three years, an interval still
xvi HISTORY AND SUMMARY.
Grenville’s
Act, 1770.
Reform
Act, 1832.
further restricted in modern times by the practical necessities
for annual Parliaments for the purpose of voting supplies.
In the middle of the eighteenth century an Act was passed
with regard to the qualification of voters, which has been
made a precedent for much subsequent legislation, that is to
Say, in 1755, twelve months’ possession was made a qualification
for the freeholders county vote—a period reduced to six months’
by the Reform Act, 1832.
An important alteration in the procedure for trying the
validity of elections was effected in 1770 by “Grenville's Act,”
which was at first temporary, and was made perpetual in 1773.
In early times, the remedy for a false return or an undue
election was of an uncertain kind. At one time the question
was considered within the competence of the Lord Chancellor,
through whom the writ issued. By 11 Hen.4, c. 1, contested
returns were to be inquired into by the Justices of Assize, a
Curious precedent for the tribunal now existing. Since,
however, the discussions in Ashby v. White, and for a long
time previously, the House of Commons had asserted the
right to inquire into all matters relating to its own con-
stitution for itself. The claim to prevent the House of
Lords determining matters affecting its privileges in an
ordinary legal action must, however, be considered abandoned,
except that it is still partly recognized by appeals in election
petitions, and in registration cases to the House of Lords being
still denied. For a long time previously to Grenville's Act,
the jurisdiction to decide on the validity of returns had been
exercised by the whole House, and the divisions upon disputed
points, such as the qualification of voters in a borough in
question, took place upon party lines. The abuses of this
practice were checked by the Act of 2 Geo. 2, c. 2, which
provided that the last decision of the House of Commons
should be conclusive as to the right of election, and by
Grenville's Act the jurisdiction on controverted elections was
transferred to a sworn committee of fifteen members. The
main ground of questioning returns in early times was the
partiality or negligence of Sheriffs; but as a seat became a
desirable object, cases of bribery occur. The first recorded
case was in 1571, when Thomas Long, “being a very simple
man, and of small capacity, bought a seat for Westbury for
£4 of the Mayor.” In the second year of George II., an Act
(2 Geo. 2, c. 24), for the more effectual prevention of bribery
and corruption, was passed; but little other legislation of
this kind took place until after the Reform Act.
In 1829 Roman Catholics were admitted to sit and vote,
having been previously debarred indirectly only, but effectually,
by a form of oath which Roman Catholics could not take.
The Reform Act of 1832 consists of two parts, one dealing
with electoral areas, and the other with the qualification of
electors. As regards electoral areas, it was provided that 56
HISTORY AND SUMMARY. xvii
boroughs therein named, as Old Sarum, Winchelsea, and Fowey,
returning theretofore two members apiece, should cease to return
any member ; that 30 boroughs therein named, as Petersfield,
Calne, and Rye, should return one member instead of two ;
that 22 boroughs, as Manchester, Birmingham, and Leeds,
should for the first time return two members; that 20
boroughs, as Cheltenham, Salford, and Whitby, should for the
first time return one member; and that certain places in Wales,
as Tenby, Swansea, and Neath, should share in electing mem-
bers with the shire towns. By the same Act, 25 counties, as
Cheshire, Lancashire, and Shropshire, which theretofore returned
two members apiece only, were divided, and two members given
to each division ; while 7 counties, as Berkshire and Oxford-
shire, obtained three members instead of two, and the Welsh
counties of Carmarthen, Denbigh, and Glamorgan, obtained two
members instead of one.
A greater revolution still was effected in the law of the
Qualification of electors. The right of voting in counties,
previously possessed by freeholders alone, was extended not
only to leaseholders holding at a rent of £10 if the lease were
for sixty, and at a rent of £50 if the lease were for twenty
years, but also by the clause termed the Chandos clause, to
tenant occupiers holding at a rent of £50; and the right of
voting in boroughs was given to all occupiers of houses, shops,
or buildings of any kind of the annual value of £10. By way
of restriction of the freeholders’ qualification, it was further
enacted that if the freehold should be for a life only, either the
voter should be required to be in actual occupation, or the free-
hold itself should be required to be of the annual value of £10,
an enactment of which the full legal effect was not discovered
until 1884, when the High Court decided, in the case of Druitt
v. Christ Church Overseers, that a rent-charge could not be
“Occupied,” and therefore came within the first alternative of
its provisions. By way of restriction of the borough qualifica-
tion it was expressly provided, in imitation of the practice of
committees of the House of Commons, that the receipt of
parochial relief should constitute a disqualification of the borough
º-e restriction applied by statute to counties by the Act
Of 1867.
By the Reform Act 1832, also, the registration of electors
Was first made a condition precedent of the right to vote.
Prior to the Act, the title of each elector to vote, if questioned,
Was determined at the poll by the returning officer, and this was
one of the principal reasons why the poll was kept open so long.
A set of rather complex provisions of the Act contained the
means whereby firstly, through the action of the overseers of the
poor in each parish; secondly, through claims and objections by
the parties themselves and their political opponents; and thirdly,
by itinerant Revision Courts, presided over by revising bar-
*isters, appointed annually for the purpose, a comprehensive
b
xviii HISTORY AND SUMMARY.
Registration
Act, 1843.
Corrupt Prac-
tices Act, 1854.
IRegister of Electors should be established in every county and
borough. The appointment of revising barristers was no doubt
suggested by the practice of the returning officer having been
not uncommonly in the habit of being advised by counsel at
the poll upon any title to vote being there questioned. With
regard to the mode of election, it was provided that polls,
which at common law might be kept open for a time practically
limited only by the power of the purse of the contending
parties, should bo kept open for two days only—a period after-
wards further limited for boroughs by an Act of 1836, 5 & 6
Will. 4, c. 36; and for counties by an Act of 1853, 16 and 17
Vict. c. 15, to one day only.
The Registration provisions of the Act of 1832 were not only
incomplete in detail and difficult of comprehension, but also
allowed the correctness of the register to be questioned before
a committee of the IIouse of Commons, and left it open to
persons, whose names had been struck off from the register by
the revising barrister, to tender their votes at elections. In
1843 the Parliamentary Registration Act repealed and re-enacted
these provisions with considerable amendments, of which the most
important was that which allowed an appeal from the revising
barristers on points of law to the Court of Common Pleas, and
notwithstanding a vigorous protest from Lord John Russell, made
the decisions of that Court binding upon the House of Commons
Committees, it being provided at the same time that the register
should be conclusive against the claim to vote of any person not
registered. There were also set on foot two forms of precept, to
be directed by the clerks of the peace and the town clerks to the
overseers in Counties and boroughs respectively, explaining or
attempting to explain in detail to these officials what they had
to do, and when and how they were to do it.
In 1854 the Corrupt Practices Prevention Act consolidated
the Acts in force relating to bribery, treating, and undue
influence at elections, and also amended the law by supplying
more comprehensive definitions of these offences, and by
increasing the punishment for them, while occasion was taken
to prohibit the gift of flags, music, and ribbons, and similar
electioneering expenses, as well as to declare what had been
theretofore doubtful, that refreshments to voters on the days
of nomination or polling were absolutely illegal. This Act
was, and still is, temporary only.
In 1858 the property qualification of members was abolished
by the repeal of the Acts from 9 Anne, c. 5, to 41 Geo. 3, c. 101,
which had established or regulated such qualification, and in
the same year persons professing the Jewish religion, who had
never been debarred from voting, and who had been only
indirectly, though effectually, debarred from sitting by a form
of oath which such persons could not take, were admitted to sit
by being allowed to take an oath omitting the words “upon the
true faith of a Christian.”
HISTORY AND SUMMARY. xix
...-es-
In 1865 the County Voters Registration Act amended the
law of registration in counties by providing a new form of
precept from the clerk of the peace to the overseers, and by
onacting that every notice of objection to a claim to vote should
specify the grounds of the objection. Provisions applicable to
borough as well as county revisions were added, to the effect
that costs might be given by a revising barrister up to £5,
instead of up to 408. only, as under the Act of 1843, and that
names expunged and inserted at the revision should be read out
in open court.
The Representation of the People Act, 1867, like its predecessor,
the Reform Act of 1832, dealt both with electoral areas and with
the qualification of electors in one statute, the part relating to
the qualification of electors being by far the more important.
No existing qualification was abolished ; but in counties the
qualification for a vote of owners for a life and of leaseholders
was cut down from £10 to £5; and a £12 Occupation qualifica-
tion was introduced ; while in boroughs two most important
qualifications being (1) by the occupation of a dwelling-house
of any value, commonly called “household suffrage; ” and (2) by
the occupation of lodgings of £10 yearly value (unfurnished),
were introduced. The dwelling-house qualification in boroughs,
and the £12 occupation qualification in counties being both
made strictly dependent upon rating and the payment of rates,
it was provided that the system of allowing owners to be rated
instead of occupiers, which had grown up under 14 and 15 Vict.
c. 99, commonly called the “Small Tenements Act,” and other
Acts, should cease, but this method of universally enforcing the
condition was found so inconvenient that the Poor Rate Assess-
ment and Collection Act, 1869, 32 and 33 Wict. c. 41, re-intro-
duced the old system under a new procedure, which made volu-
minous but not very intelligible provisions for the constructive
rating of the occupier for the purpose of gaining the electoral
qualification. The disqualification for parochial relief was also,
for the first time by express statute, applied to counties.
As regards electoral areas, the Act of 1867 deprived no
borough of direct representation altogether, but took away one
Member from all the thirty-eight boroughs, such as Stamford,
Lowes, and Bridgnorth, having a less population than 10,000 at
the census of 1861. Liverpool, Manchester, Birmingham, and
Leeds gained an additional member apiece, ten new boroughs
returning one member each, except Chelsea, which obtained two,
Were Created, and thirteen counties were further divided.
A new and peculiar provision enacted that at a contested
election for any county or borough represented by three
members, no person should vote for more than two candidates,
* provision which has ceased to operate by virtue of the Redis-
tribution of Seats Act, 1885, although it has not been expressly
repealed.
In 1868 the trial of election petitions, which had been
Representation
Act, 1867.
b 2
2XX IIISTORY AND SUMMARY.
Ballot Act,
1872,
Registration
Act, 1878.
delegated by Grenville's Act by the House of Commons to Select
Committees, was transferred to Judges of the Common Law
Courts, now the Queen's Bench Division, the trial to take place
before one Judge, a number which was altered in 1879 to two
Judges.
In 1872 the Ballot Act introduced an entirely new mode of
nominating candidates, of conducting elections, and of voting.
Prior to that Act, nominations were made at the “hustings,”
erected for the purpose in a public and open place by public
speeches of the supporters of each candidate, and the choice
of the electors was ascertained in the first place by a show of
hands, the defeated candidate usually, but not by any means
invariably, demanding a poll, which was conducted by each
elector openly stating his name, and that of the candidate for
whom he desired to vote, to a poll-clerk at the polling-booths,
the poll-books being commonly afterwards printed at the cost
of one or other of the parties. The Ballot Act completely
changed all this by requiring nomination in writing by ten
registered electors, and poll by secret voting, taken by means
of a ballot paper, to be marked by a simple x by each elector.
The Act was temporary only, and expired in 1880, since which
time it has been continued by successive “Expiring Laws Con-
tinuance Acts” annually passed.
In 1875 the charges which a returning officer might make
for nomination papers, ballot boxes, clerical assistance, and
other expenditure incidental to the preparations for and conduct
of an election, were regulated by a schedule annexed to that
Act, and it was also provided that the returning officer might
require securities from a candidate before accepting his nomi-
nation.
In 1878 the Parliamentary and Municipal Registration Act
provided for the contemporaneous revision by the same revis-
ing barristers in “every parliamentary borough, and in every
municipal borough the whole or part of the area whereof is
included in the area of a parliamentary borough,” of the lists
of electors for the municipal borough, theretofore revised by
the mayor and revising assessors, and of the lists of electors
for the parliamentary boroughs. At the same time the borough
qualifications generally were widened and explained by pro-
viding that the separate occupation of part of a house or dwell-
ing-house should be sufficient, and that the lodger qualification
might be gained by the successive occupation of lodgings in
the same dwelling-house, and also by a joint occupation with
one other lodger. A new precept and a new set of forms were
provided, and the procedure in the Courts of Revision was
extensively amended by the direction, amongst others, that the
burden of proof was always to be upon the party objecting to a
vote, unless he should be an overseer. -
The Corrupt and Illegal Practices Prevention Act, 1883,
still further increased the penalties attaching to bribery and
HISTORY AND SUMMARY. Xxi
corruption, and also established a maximum scale of expenses
(in addition to the scale prescribed for Returning Officers'
expenses by the Act of 1875) in proportion to the population
of the constituencies. The payment of the travelling expenses of
voters, with the single exception of a Sea journey, was expressly
forbidden, as was the employment of paid canvassers, the exact
number and description of agents, clerks, and messengers to be
employed being also fixed. The Act, like the Act of 1854, and
the Ballot Act, 1872, is temporary only.
The Representation of the People Act, 1884, although it was
intended to be, and was followed by an Act dealing with
clectoral areas, deals with electoral qualification only. Its main
object is to assimilate the qualification for the county vote with
that established already for the borough vote, and with that
object, by a few words of incorporation by reference, the Act
establishes in the counties exactly the same dwelling-house and
lodgings qualification as that established by the Act of 1867 in
the boroughs; and further, for the sake of uniformity, reduces
the county occupation qualification from £12 to £10, preserving,
however, the conditions of the qualifications, which had been
annexed in the case of boroughs by the Act of 1832, and in the
case of counties by the Act of 1867, which conditions varied,
and still vary, in the two cases. There is also an enactment
that the tenure of a qualification by virtue of service of an office
only, which tenure not being in law a tenancy was hitherto
insufficient, should confer the right to be registered and to vote.
In the direction of restriction, the Act provides that qualifi-
cation by rent-charge, except by a tithe rent-charge, shall be
abolished, and that where two or more men possess the property
qualification either in counties or boroughs, only one man
be entitled to be registered in respect of it, the Act omitting
to state which of the two is to be entitled in priority to the
other, in case of conflict between them. All existing rights
are saved, and the new qualifications are made subject to the
same conditions as to rating, length of residence, and the like
which were attached to the analogous qualifications under the
Acts of 1867 and 1832.
The Registration Act, 1885, is a corollary of the Representa-
tion of the People Act, 1884, assimilating the procedure for
registration in counties to that for boroughs, in like manner
as the qualification of electors had already been assimilated.
For this purpose the dates of doing certain things are made
the same, and the whole system of borough registration
established by the Act of 1878 is, with few exceptions as to
Voters having the property qualification only, applied to county
registration. Occasion is also taken to amend the law of
revision in various small points, and to provide new precepts to
overseers, of a very full and elaborate character, with a new and
complete set of forms of lists of voters, notices of claim, and
objection, and the like.
Representation
Act, 1884.
Registration
Act, 1885.
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HISTORY AND SUMMARY—THE ACTS OF 1885. xxiii
register formed by such revision shall come into effect after the
7th of November instead of after the 31st of December—the Act,
however, providing that any election not consequent upon a
dissolution, between 7th November, 1885, and 1st January, 1887,
shall take place upon the old registers.
In 1885 were also passed an Hours of Poll Act, extending the
hours of poll to 8 P.M. at all elections; a Medical Relief Romoval
of Disqualification Act, providing that parochial relief given
by way of medicine or medical attendance should not disqualify
an elector; a Parliamentary Elections (Corrupt Practices) Act,
providing that omployers might, without being subject to the
charge of corruption, allow their workmen leave of absence for
the purpose of voting without deducting from their wages;
a Parliamentary Elections (Roturning Officers) Act, by which
the security which might be demanded from a candidate at
an uncontested election was reduced, and the fee payable in
counties to presiding officers and poll clerks was raised; a
Revising Barristors Act, by which a flaw in the appointments
of revising barristers was corrected; and finally an Expirin
Laws Continuance Act, by which the Ballot Act and other
tomporary statutes relating to the subject of parliamentary
elections were continued until the 31st December, 1886.
During the last twelve months, therefore, no less than nine
statutos upon the subject have received the Royal Assent.
Such is a short historical outline of the statutes relating to
parliamentary elections in England. It will have been seen
that they deal sometimes separately and sometimes together
with the many parts of their subject, and it may be stated
here that where new qualifications have been created, or
new restrictions imposed, the old qualifications have been
retained, and the now restrictions have been expressly declared
to be prospective only. It is now proposed to give a summary
of the various enactments in six parts, relating to
I. Qualification of Electors.
II. Rogistration of Electors.
III. Iºllectoral Areas.
IV. Disqualification of Candidates.
W. The Election.
VI. Election Petitions.
Minor Acts of
1885.
xxiv. IIIST'()]RY ANI) SUMMARY.
SUMMARY.
QUALIFICATIONS AND DISQUALIFICATIONS OF TELECTORS.
Gomeral disqualifications attach to women, infants, aliens,
poors, convicted felons not having served a sentence of penal
servitude or imprisonment with hard labour, or for more than
twelve months, constables, persons employed for hire at an
election, and persons convicted of corrupt practices at an election;
also to persons having received parochial relief (not being by
way of relief from school foos, or by way of medical relief, or
vaccination, or treatment in a metropolitan hospital for infec-
tious diseases) at any timo during the twelve months preceding
the annual registration (see p. 36).
A further general disqualification attaches to any person
whose name is not upon the register at the time of an election;
the register boing in overy case conclusive against the elector,
but not conclusive for him if he be disqualified on the ground
of alienage or some, for the time, irrenovable quality in
himself (see p. 436). The register is made up annually in
September and October, and the 15th of July preceding tor-
minates the “qualifying period '' by occupation residence and
otherwise, whoro any condition of which length of time is the
obsonce, is attached to the qualification.
The particular electoral qualifications will now be set out in
ordor, Htating first those which are precisely similar both for
countios and boroughs; secondly, those which contain conditions
peculiar to, or are in essence poculiar to counties; and thirdly,
those which are peculiar to boroughs.
Counties and Boroughs.
1. The dwelling-house qualification. This is constituted by the
person having been on the 15th July and for twelve months
proviously an inhabitant occupier of a dwelling-house, or
part of a house separately occupied as a dwelling, and having
been rated by himself or his landlord during such twelve
months to all poor rates made for such dwelling-house, and
having paid by himself or his landlord, on or before the
20th July following, all sums due for such dwelling-house on
account of any poor rate made and allowed during the twelve
months before the 5th January procoding.
No porson can possess this qualification for any one dwelling-
houso or part of a dwelling-house jointly with another (Act of
1867, s. 3, p. 35; Act of 1884, s. 2, p. 59).
A person occupying more dwelling-houses than one in im-
modiate succession in the same electoral area possesses the
qualification in respoct of the last occupied dwelling-house
(p. 42).
QUALIFICATION OF ELECTORS. XXV
A person inhabiting a dwelling-house by virtue of any office
or service possesses the qualification of an inhabitant occupier
unless the dwelling-house be also inhabited by Some person
under whom he sorves (Act of 1884, s. 3, p. 60).
2. The lodger's qualification. This is constituted by the person
having occupied as a lodger for twelve months before the 15th
July lodgings in the same dwelling-house of the clear yearly
value, if let unfurnished, of £10 or upwards, and having re-
sided in such lodgings during such twelve months, and havin
claimed to be registered (Act of 1867, S. 4, p. 37; Act of 1884,
s. 2, p. 59).
Two lodgers, but no more, may possess this qualification
jointly if the value give £10 or more for each.
Successive lodgings in the same house qualify (Act of 1878,
S. 6, p. 56).
Counties.
3. The freeholder's qualification. This is constituted by the
person having possessed by right of purchase for six months
prior to the 15th July, or by right of descent, devise, or
marriage settlement, or by promotion to a benefice, for any
time prior to the 15th July, any freehold land or tenement
within the electoral area of the clear yearly value of forty
shillings or upwards (see pp. 3, 16). If the freehold be held
for a life, it must be either occupied by the owner, or be of
the yearly value of £5, or have come to the voter by descent,
&c. (see p. 13).
4. The copyholder's qualification. This is constituted by the
person having possessed by right of purchase for six months
prior to the 15th July, or by right of descent, &c., for any
time prior to the 15th July, any copyhold land within the
electoral area of the clear yearly value of £5 or upwards (see
p. 38).
5. *. leaseholder's qualification. This is constituted by the
porson having possessed by right of purchase for twelve months
prior to the 15th July, or by right of descent, &c., for any time
prior to the 15th July, a lease originally created for not less
than sixty years of any land or tenement of the clear yearly
value of £5 (see p. 38), or originally created for not less than
twenty years of the clear yearly value of £50 (see p. 14).
6. The £50 rental qualification. This, which is reserved only
as a vested right, is constituted by the person having been
registerod in 1884 in respect of the occupation of any land or
tonoment hold by him at a rent of not less than £50 (see
pp. 14, 177). [The only distinction between this qualification
and that of the £10 occupier next stated is that it is not con-
ditional on rateability and the payment of rates.]
7. The £10 occupation qualification. This is constituted by
the person being on the 15th July, and having been for twelve
months the occupier of any land or tenoment of the clear
xxvi HISTORY AND SUMMARY.
yearly value of not less than £10, and having during such period
been by himself or his landlord rated to all poor rates made
in respect of such land Ortenement, and having by himself or his
landlord on or before July 20th paid all poor rates payable
in respect of such land or tenement up to the preceding
5th January (see pp. 39, 62). [The distinctions between this
qualification and that of the £10 occupier in boroughs are that
the payment of assessed taxes is no condition of it, and that no
residence is required.]
Successive occupations qualify. As to joint occupations, two
and no more are qualified, unless the joint occupation be
derived from partnership or descent, succession, marriage or
will, &c., in any of which cases all the joint occupiers are
qualified (Act of 1867, ss. 26, 27, p. 42).
N.B.-If county and borough qualifications co-exist in the
same person and in respect of the same premises, the county
qualification is merged in that for the borough (p. 62). A
person cannot vote as a freeholder for a county in respect of
a house occupied by himself so as to confer on him a vote for
a borough, or as a copyholder or leaseholder in respect of a
house of such value as to confer on him or any other person
a vote for a borough.
Boroughs.
8. The £10 occupation qualification. This is constituted by
the person having occupied for twelve months previous to the
15th July any land or tenement of the clear value of not less
than £10, and having during such period, by himself or his land-
lord, been rated to all poor rates made during such period, and
having paid all assessed taxes, and (by himself or his landlord) all
poor rates which became payable in respect of such land or tene-
ment previously to the 5th January, and having resided within
the borough (boroughs divided for this purpose counting as
undivided), or seven miles thereof, for six months previous to
such 15th July (Act of 1832, s. 27, p. 19).
The qualification may be derived from a successive occupa-
tion of different premises in the same borough or in the same
division of a divided borough (Act of 1832, s. 28, p. 19; Act
of 1885, s. 10, p. 72).
The qualification may also be derived from a joint occupation
by any number of persons making up an occupation by each to
the required value (Act of 1832, s. 29, p. 19).
9. Qualification of freemen. This qualification is constituted
by the person having been on the freeman's roll before 1832, or
being a lineal descendant of a person having been on such roll,
and having resided for six months prior to the 15th July
within the borough (Act of 1832, s. 32, p. 21).
10. Qualification of Scot and lot voters, and other persons having
personally reserved rights. This qualification is constituted by
the party having possessed the reserved right before 1832, and
REGISTRATION OF ELECTORS. xxvii
having been continuously registered since then, and having
resided for six months prior to the 15th July within the
borough (Act of 1832, s. 33, p. 33). There are probably very
few of such persons still living.
REGISTRATION OF ELECTORs.
It is a cardinal rule of parliamentary election law that no
person may vote at an election unless his name be on a register
of the electors for his electoral area (Act of 1872, s. 7, p. 435),
and such register is made up annually. The initiative is taken
by clerks of the peace and town clerks (according as the
electoral area is in a county or borough), who, on or before the
15th of April in every year, issue precepts to the overseers of
every parish instructing them in the details of every qualifi-
cation, and directing them to publish in their respective
parishes lists of persons already entitled to vote, and various
other lists and notices, the precepts pointing out the exact date
at which each particular step is to be taken by the overseers
(pp. 180, 208). The scheme of the Acts is, shortly, that all
persons qualified, whether in county or borough, by reason of
occupation (except lodgers), shall be placed on a voters’ list
without making any claim, leaving those who may be omitted
to prove their claims; that persons qualified in a county by
reason of ownership shall be placed, without making any claim,
on a list composed of the ownership voters of the preceding
year's register, but shall claim if not on such list, and need not
prove their claim unless it be objected to ; and that lodgers,
whether on the register for the preceding year or not, should
make a claim in every year, and also prove that claim.
The overseers in counties receive from the clerk of the peace
the ownership portion of the preceding year's register, and
make out in a county or borough a list of persons qualified by
occupation; and the including as many persons as possible who
are qualified by the occupation of a dwelling-house or separate
part of a dwelling is specially provided for by allowing the
overseers to serve upon any person rated in respect of property
comprising a dwelling-house, a requisition inquiring whether
any man other than the person rated possesses the qualification
of inhabitant occupier of part of such dwelling-house (p. 46);
while the displacement of disqualified or non-qualified persons
is aimed at by directing overseers to omit from their lists
persons disqualified by receipt of parochial relief (p. 43), or
by non-payment of rates, as well as the names of persons whom
they know to be dead (p. 144), and also by allowing any person
on the existing register to “object” to any such persons upon
Written notice, delivered on or before the 20th August, to such
perSons and to the overseers.
A distinction is drawn between lodgers already on the
register and lodgers claiming for the first time. A lodger of
Preparations
by overseers,
&c.
Formation of
lists.
"X?IVININſ) S (INV X^{(\LSIII IIIAXX
‘SysII osolſ] [ISITQnd 01 Stoos Ioa() 4SI Snån V
‘son unoo
uſ Slupuiſt’ſo drus tou Mo Jo Sqsſ put ‘suino.Ioq put Sofºunoo uſ
S]SII SIO10A ºno ox!eu on Stoos.IoAo Ioj Kup 4Surſ 1816 Kinſ’
.." Sprl S.Ioğporſ
pIO, uo poliosuſ od on utſulo Ioj Kup 1stºrſ Iolsidol Jo (to 1,100
dºus Iouao Jo son unoo up uoguo Land Jo puſ'ſ "Ijº, KInſ
‘prudun solet
Ioy pogſombsp Suos Tod Jo TsII Jo uoſitorian, I puzz, Áſmſ'
'soglunoo up 1st StoyoA
drusiou Ao uſ politosuſ og on stupeſo Ioj Kup 1sur[ \{10Z KInſ'
'popiod ºut KIITunb Jo puſſ "[1] I Kinſ’
'Iolstºo.I. Jo uopºlod društou wo Jo Sojºunoo Uſ
uoſº boſſ(IndI oup solº Jo Stordnooo ol oogoN ‘U107, KInſ' otojoq
pſed od sold.I SSopun ºsſi stopdnooo uo poot (d. od of pollſ]uo
oq IIIA Iordnooo ou quul oophou Jo uorºboſſan, I "HOZ ounſ'
Joo.Iouſ] loodso.I ur poºl
UOSIod on StoostoAo Kq quos og Kout osnou-šuſtioAp Kut, Jo Stord
-nooo quºquuſuſ Jo Souſou to uoſºſsmboyſ &W put [[IdV
'uspied
A10Ao Jo Stoos to Ao ouſ, on Syroſo UAAO) put oogod on 1 Jo SXIIolo Ád
quos og O1 Soonou put Sºsſ Jo suitoſ put Sºdooo.I.I U19 I IIIdV
—: pouoguout KISSoldko sy. K10.11uoo ouſ, otou A dooxo ‘suſ droloq
put Soſunoo uſ ouſes out 5uſoq ‘AOIIoj st: ott, Soltºp oil.I.
“SII SIO10A
où, Jo 1,10d 3urſuitoſ su poleoin oit (, “d ‘9 ‘s “gºs I Jo Jov)
surpeſo driſsiou Mo qug (26 'd) poppaold sº ‘urſu[o ouſ Jo 5ultuouſ
où1 otojoq pure “linoſ) up to splitud dusIAo.1 ouſ ol ooglou troºp LA
3uſ A3 StołoA Jo 1st ouſ uto uosiod Kut Ka ‘Asſi SIO40A t
uo.1] polismăuţisp St. squguſt to o ud uosiod u ol Moſlooſqo
Jo opout Kreuuins olour V (Zg I ‘ZZL ‘dd) tols.Ittºq àurs[Aot
où Kq plcouſ og ‘pogroads osoul Ubul Toulo “puno.13 Kurt, Jo
ooutoppao Kut, upo Iou : uorºooſqo oup, Jo spuno.13 ouſ, Kyroods
1snut put Hosuru Iolooſqo oup, Kq polidis od 1snut uOK]ooſqo
Jo Oopſ!ou KIOAo put ‘uoſlooſqo Jo oophout du IAI3 quouſlyA q8][
.S.ToyoA tº uo outbu 8 on uorºſsoddo up prºotſ od uto uosiod o N
- 'poſtolstºo.I
oq 01 qušII [[o osol IIIA ‘urreto qons oppuſ 3upatu Thou? IA puu
‘uſolouſ" politosuſ sourou Iſoul oAbū ol Motoq poſſroods Soyup out
oIOJoq àugſ,IA uſ urſºlo qsnuI 1st a utoly polyputo Suos Io.I
‘(0g I d) quuutſuro out of ooſport
Áue ºnouſly M put ‘KItto 101st LIeq 3 upsiAo.1 out on troA: oogou
uodn ‘JInoſ) tropsiAoºſ out up on polooſao od Kout 1snăn V Jo II.10%
oul II]un upg|[o spu 5upſetop 103pol out sootou A “Stoos.Ioao
oùº put uſu ol Moſlooſqo Jo oogou Ioljū ol polooſqo od
ÁIuo uto ou qau1 SI unjūA Jo Insor ou? .."[s]"I Stoßpoſſ pſ(),
uſe uo poobſd og Ol pop, ſuo Soutoood ‘KInſ' U19ſ, otojoq àuguſt ſo
Áq ‘Ioºsſ3o.1 oun uo Kptomſø Ioffpol oup, qugſ 'uoyºtoſyſſenb
ou! Jo Oouoppa o oſonſ pulſd spurſu[o ou" on poxotiut, uorººlboop
oul osco Toulſo uſ put ‘oAOId put upolo qsnuI SSuſo Toulſo
‘soºt (I
'suoſqooſqO
‘suittºo
REGISTRATION OF ELECTORS. xxix
August 20th. Tast day for giving notices of objection.
Ilast day for claiming to be inserted in occupation voters' lists,
and in lists of “Lodger Claimants.”
August 25th. Last day for overseers to publish lists of
voters objected to, and of occupier8’ and lodgers' claim lists.
Delivery of lists by overseers to town clerk in boroughs (p. 217),
and clerk of the peace in counties (p. 188).
Sept. 12th [5th in 1885], p. 241. Last day for transmitting
declaration of change of abode, or as to misdescription, to clerk
of the peace in counties, and town clerk in boroughs.
The documents so prepared are in counties and boroughs—
The “Occupiers' List,” containing the names of persons
ontitled by a £10 occupation, or a dwelling-house occupation
(pp. 199, 222).
The “Old Lodgers' List,” containing the names of lodgers
previously registered who have claimed on or before July 25th
(pp. 198, 223).
The list of occupier claimants (pp. 202, 229).
The list of lodger claimants (pp. 202, 230).
The list of occupiers objected to (pp. 203, 231).
The list of lodgers objected to (pp. 203, 232); and
The declarations of change of abode and as to misdescription(a)
(pp. 204, 233).
Also * may be a “Corrupt and Illegal Practices List "
(p. 488).
In 1885 there will also be a list of voters who havo received
only medical relief from the parish (p. 73a).
In counties there is also—
The ownership portion oxtracted from the register of the
preceding year;
The list of ownership claimants (p. 191); and
The list of ownership voters objected to (p. 194).
And there may be also claims to vote at the polling place
where the voter lives instead of his place of abode as stated in
the list (p. 91).
In boroughs there may be also –
A list of freemen Ş. 115);
A list of freemen claimants;
A list of freemen objected to ; and
A reserved rights list (p. 223).
In municipal boroughs the occupiers' lists are made out in
three divisions (see p. 222), in order to allow for the revision of
the parliamentary and municipal lists separately at the same
revision, and there are also separate municipal claim and objec-
tion lists. º
These being the lists to be revised, the revision is conducted
in the months of September and October by a certain number,
(d) In 1885, there is also the Sup- the original list as being disqualified
plemental List of persons onlitted from for medical relief.
What lists arc
revised.
Revision
Courts.
"X'IVININſ).S (INV A.ŞIOISIII XXX
qou quâno ou Ji “poſſodutoo od Kuul on “Inoddu utu Ions Moſt on
osmjo, 101st Ittºq àuſs|Aot out JI ..."pouyu) ſoluo od pinous [toddt,
uous quTI. Iodotd put, oſquuostol ºr Syſuſ]], Iolsputed 5uſsiao.I
où, JI ‘lino() (Idriſ ouſ on poptºs osuo KQ (IoIsroop scrols.I.100
šu ISIAOI out uto.1) [toddu Kuur Iolooſqo to quantipopo pogspºus
-sp tº “(10I 'd) oouoppao Jo KAIIIqſssſumpt; Jo to long Jo uoſºsomb
tº uodn qou Trid §: ‘d) At I Jo uoſºsomb Tuptopuul Kun uodſ)
‘(#6 ‘d) poulos Tsū ūodo Jo ojud KIOAo udºs osſo
put ‘Utſu Ka opoul Suorºoo...too put ‘poliosuſ to poºundixo soutput
où) 1stUpje SIt'ſ] put SIUI optAA snut tols.I.Luq 5uſsiao.1 ouſ I,
‘(60I 'd) lino() ([d'] I ou opuſ osſ/MIolino to
[Tutoſºloo Koi poAouro.1 od truo S1800 01 st; topio out put ‘(Zg I d)
O) polooſqo stroStod ouſ! O! Iolooſqo oup, Kot prºd od of “80}, on
du SqSoo oAI3 on p(Inoq od on Sosuo ouros uſ stºodda; tıoAo put
: (86 ‘d) optºut 3uſoq stroyooſqo Io surfulo snooAII; Jo osto uſ
gº on dn 8.1800 oA:3 Ol put ‘(IOI 'd) Soylup Iſou'ſ Jo Jooliou
Ioy Stoos.Ioao ouſ O1 (+6 ‘d) [1to ut, Ioºsſuſurpu ol IoMod Suu
101ST.LIUQ ºutspact or J, Tosunloo Kol Iuoddu Kuul K.It'd on
‘(91.I ‘d) ooglou to 1st I Kurt optputatiſ Josh!
Jo Tou Soop suitoſ (Ious Jo Kut, ſo pItºo.ISIp of Inq ‘(+0L 'd)
poppaold org SysII put ‘suoſlooſqo ‘sulptºſo Jo Sul.Ioj Kuolulu's
‘(8q-gg I di) 81.81 ‘lov uorºbustionſ [udioſun IN put Kºuout
-tº II*.I on 1 Jo uoſloos uTuftro-KºttoA1 putº.todurº put Kū15tto ouſ,
uſ punoj od IIIA ‘olour Kuuut put ‘sorlup put StoAod osolſ|| LIV
•oo!ou spuſ uſ polyroods || Jo Sputno.13 ouſ oº Josuryū on Juoo put
‘uor]ooſqo Jo ooſpou spil oAOId Snuſ Iolooſqo up put ‘(0g I d)
uſopºtºoglºub Spſ Jo oolioppao oftopſ pub.td juſoq toº poſ tº Jo
uoſº.It ſoop out! ‘utputo Iſot|] oAold snut “Sputturyuſo driſs Tour Mo
pošoſſ Aſ.Id KII broods ouſ qdooxo ‘shutºutputſ) ºr Jo Oouſ ouſ,
uo. At I up pod Sy poºls St uor] togr[bnb osotſ/A Io ‘āuſ)0A utoly
At I Kot poſtºliotºduouſ od Ol poAOId Jo ‘ptop od Ol poAOId Suos tod
Jo Soutºu on 1 o'dundixo oil uoſºváiſqo up osſº : Utoplooſqo Jo oophou
To uſe[o Kuº III Sox{t}sput poAOId Joo.IIoo ol IoMod Kruuoſlo.ro
-SIp tº put ‘SIL Kut; tıI Sox{t}sput poAOId loo.I.Too O1 (torqujiſqo
ub OSTIdutoo 101STL100 ºutspadi oiſ, Jo Soſimp put SIOAAod oil.I.
‘(06 ‘d) posſ Aol od on SºHII
où [[0 (01SIIIºd 5uſsiao.1 out on StoAſſop put, ‘Iſáno.Ioq tº uſ plotſ
1.Inoo uorspad, 1s.Ig ou" Spito]]o XIIolo u/AO! oup) put ‘Khunoo tº uſ
p[oiſ 1.1m00 uoſsIAOI 18.1U out spuoqqº ooºod out, Jo XIIoIo ouſ I,
‘(191 ‘F8I º O.Iouſ] plotſ
oq 01 poloo.IIp Sp 4.1m00 t, JI ‘Sºut!!!dºtſu] putsmouſ uo" (Itu" oroul
3upuſºluoo Soogld up plotſ od on poloo.up ore sºu!]]18 juſtioAo
put (1.9L ‘68 ‘dd) u0A3 od 18mut 1.Inoo Hobo Jo oogouſ HKup
uoAoS (891 d) oſquo;100.1d JJ Spokusp 3uttod Kq polo[dutoo
oq on SI uoſsIAo.1 out ºnq (67. I ‘d) os Arou!o gou qug ‘oolſp
os ooood oul Jo Booſsmſ ouſ, JI (68 d.) Khunoo tº uſ oot [d du HIod
uſoeo qu poll od 18mut 1.Illoo W \pmorſo uſous up Sqāno.104 put;
Soſº triloo ouſ, toj qinoo uoſsIAOI a plou ol (98 ‘d) quorſo Iſoto
uo of pnſ Ioſuos out Ka snån V to Kinſ up populoddo (861 d)
3uppuups 8,100K uoAoS Jo S.Iolsplitº Jo (99; I d) gz I Aou
‘q.inoſ)
u3(II on 101s1.1
-aug juis Aox
uo.j [uodd W.
'uorspad."
uo ornpooo...I
IREGISTRATION.—EI,ſ}CTORAL ARIEAS. xxxi
-----------" ------ ----- a-- - - - - ------------------------------------------- - - - -- ---------
to havo refused, to state a case by a rule of the IIigh Court to
bo applied for within one month after refusal (p. 161). g
A party dosirous to appeal must give notice in writing to the
rovising barrister in Court on the same day on which the decision
to be appealed against is pronounced (p. 94), and no appeal may
be heard unless the appellant has further given notice to the
IIigh Court “within the first four days of Michaelmas Term "
(or “Michaelmas Sittings” in 1885), of his intention to prosecute
the appeal, and also notice to the respondent (pp. 105, 106).
Several appeals upon the same points of law may, by direc-
tion of the revising barrister, be consolidated into one, which
the overseor or the town clerk of a borough may be made
rospondent (p. 96).
The decision of the Iſigh Court either upon appeal by case
or rule is final, unless the IIigh Court give special leave to
appeal to the Court of Appeal, whose decision is final (p. 163).
The decisions of the Court where they revorse the decision of
the revising barristor are notified to the sheriff or other return-
ing officer having the custody of tho register, and the register
is altored conformably; but a ponding appeal does not affect
the right of voting, nor does a decision given after election
affect the result (p. 108).
The lists as rovised aro delivorod by the revising barristor to
the clork of the peaco after each polling district revision, if
practicablo (p. 168), and are by him arranged in alphabetical
order with a separate series of numbers and a distinctive letter
for each polling district, each voter's letter and number being
intended to be marked on the counterfoil of the ballot paper
with which the elector will vote at the poll. Thus arranged
and printed they are delivered as a register to the returning
officer on or before the 31st December (p. 130), or in 1885 the
7th November (p. 241).
The register thus formed comes into operation on the 1st of
January following the rovision (p. 130), but a special provision
for 1885 directs that the register shall in 1885 come into force
after the 7th day of November, if Parliament be then dissolved
(p. 241).
ELECTORAL AREAS.
The eloctoral areas of England and Wales aro: The county
of IRutland and the Isle of Wight in England; the counties
of Wales except Carmarthen, Carnarvon, Denbigh, and Gla-
morgan, which are Welsh divided counties; the divisions of
the divided counties; the parliamentary boroughs and the divi-
sions of the divided boroughs, twenty-eight boroughs being
divided, and Swansea being the only divided borough in Wales.
The Universities of Oxford, Cambridge, and London also
return members.
. The county of Rutland returns one member, and all the divi-
Sions, whether of counties or boroughs, return one member each.
Notice of
appeal.
Consolidation
of appeals.
Appeal to
Court of
Appeal.
Eſſect of de-
cisions on
appeal upon
register.
Commence-
ment and du-
ration of regis-
ter.
The electoral
{ll'C:\S.
Number of
members.
xxxii IIISTORY AND SUMMAIRY.
The boun-
daries.
Disqualifica-
tion of candi-
dates.
Women,
inſants, aliens,
clergymen,
peers, return-
ing officers.
Judges, &c,
Holders of
offices under
the Crown.
Of the undivided boroughs, by far the greater number return
one member each, only twenty-four returning two (see p. 339).
The boundaries of the divisions of counties, of the divisions
of boroughs, of boroughs created by the Act of 1885, and of
certain boroughs the boundaries of which were altored by the
Redistribution of Seats Act, 1885, are stated in the schedules to
that Act. The boundaries of the other electoral areas must be
sought for in the Boundary Act of 1832 and the Boundary Act
of 1868. If the boundary of a borough or division of a borough
does not follow the boundary of a parish or other well-defined
line of demarcation, it is to be marked by boundary stones to
be maintained and renewed by the local authority (p. 262).
As a goneral rule, electoral areas are mapped out so as to give as
far as is reasonably practicable an equality of population for each
electoral area.
DISQUALIFICATION OF CANDIDATES.
The law as to the disqualification of candidates is contained
in eighty-five statutos, which are scattered usually in isolated
sections through the statutes of every reign from William and
Mary to the Queen. The largest disqualification of all, that of
womon (p. 347), is not statutory, nor is that of peers or re-
turning officers (p. 347), but that of infants, appears in a
statute of William III. (p. 347), and the disqualification of
alions is in virtue of the Act of Settlement (p. 848). Clergy-
men of the Churches of England and Ireland, and ministers
of the Church of Scotland are disqualified by an Act which
may be called Horne Tooke's Act (p. 362), and when in 1830
the oaths were accommodated to the consciences of Roman
Catholics, priests of that faith were excluded (p. 369). A
considerable class of persons is excluded by reason of their
occupying a judicial position, such as judges of the Supreme
Court (p. 382), judges of the Supreme Court in Ireland (p. 382),
judges of the Court of Session in Scotland (p. 352), and sheriffs
in the same kingdom (p. 354), county court judges (p. 376),
assistant barristers in Ireland (p. 373), the Wost Indian Com-
missioners (p. 373), the Irish land judges (p. 374), certain
police magistrates (pp. 370, 372), the Middlesox land registrar
(p. 352), and the Registrar of Deeds in Ireland (p. 371), besides
Recorders disqualified for their boroughs (p. 383), and revising
barristers disqualified for eighteen months for the district to
which they were appointed.
The Subject with which, however, this section of the statutes
is most occupied is the disqualification of the holders of offices
of profit under the Crown. The danger of the House of Com-
mons being flooded by placemen found an extreme remedy in
the Act of Sottlement, which disqualified all holders of
offices of profit or pensions under the Crown. The “Act of
Anne" (p. 349), passed shortly after the union with Scotland,
DISQUALIFICATION OF CANDIDATES. xxxiii
now forms the basis of the subject. The effect of this Act,
besides disqualifying by name the governors of colonies, certain
commissioners with lucrative posts, and Crown pensioners, is
that no holder of an office of profit under the Crown created
since the day mentioned in the Act, that is, the 25th of October,
1705, can sit in the House of Commons, except in virtue of
another Act of Parliament revoking the disqualification in
regard to such office. Since that Statute, Acts of Parliament
have from time to time revoked the disqualification on the
creation of new offices. These are offices of the Land Tax
Redemption Commissioner (p. 364), the Commissioners of the
Treasury (p. 366), the President of the Board of Trade (p. 368),
the members of the Council of the Admiralty (p. 369), the
Paymaster-General (p. 371), the First Commissioner of Works
(p. 373), the Vice-President of the Council of Education
(p. 373), the Postmaster-General (p. 377), the Secretary of the
Board of Trade (p. 378), and the Financial Secretary of the
War Office (p. 380). Conversely another series of Acts ex-
pressly imposing the disqualification has been passed, with the
object either of reiterating the disabilities of the Act of Anne,
or of extending its principle to officers not technically under
the Crown. These apply to Custom House officers (p. 348), who
were disqualified even before the Act of Anne, the Auditor of
the Civil List (p. 365), officers of Excise (p. 368), the Land
Commissioners (p. § the First Ecclesiastical Commissioner
(p. 372), the Charity Commissioners (p. 373), the Irish Church
(ſommissioners (p. 379), and the Irish Land Commissioners, as
well as the Commissioners of Police (p. 373), and the Irish
Constabulary officers of high rank (p. 372).
A less famous but important provision of the same statute is
contained in s. 26 (p. 351), which forbids any greater number
of commissioners for executing any office than had been ap-
pointed before the first day of the Parliament in which the Act
was passed. This section had no sanction unless it was intended
that additional commissioners were to incur the disabilities of
the holders of new offices, but by an Act passed in 1864 (p. 377)
it was expressly provided that when a commissioner or other
person is appointed in excess of the limit for any office, and he
is returned to Parliament, his election is void; and if at a
general election holders of an office in excess of the limit are
returned, no holder is to sit until the number is reduced within
the legal limit by death, resignation, or otherwise. An express
limit in the number of commissioners who may hold an office is,
besides, provided by statute in certain cases. In 1832 (p. 371)
an Act was passed prohibiting more than five Commissioners of
the Admiralty from sitting. The office of Secretary of State is
analogous to an office held in commission. At one time three
Secretaries of State were allowed, but in 1782 they were reduced
to two. In 1858 (p. 374), upon the creation of the Socretary of
State for India, it was provided that four Secretaries of State
C
Seeretaries
of State, Com-
missioners, &c.
xxxiv. | |IS'I'()RY ANI) SUMMA IRY.
Vacation of
seats by oſlice-
holders.
'ontractors for
public service.
and four Under Secretaries of State only should sit in the
IIouse of Commons, and the ponalty imposed by the Act of
1864 applies to all those.
The provision of the Act of Anne, which is most conspicuous
in parliamentary life, is S. 4 (p. 350), which provides that if a
membor of Parliament accept any office of profit, whether an
old or a new office, from the Crown he must resign his seat, but
may be re-olectod. The rigour of this provision has been much
reduced by the Representation of the People Act, 1867, which
dispenses with this ordeal upon the acceptance in the case of
most offices of one office in succession to another. Out of favour
for the naval and military services, this penalty was by the
Act of Ammo itself not to apply to officers being members and
recoiving now commissions, and the privilege applies to yeo-
manry and militia officers (p. 364), and volunteer officers (p. 376).
Tho Act of Anne, being passed shortly after the union with
Scotland, applied to officers of profit under the Crown in Scot-
land, and by s. 29 (p. 351) oxpressly applios Inglish disqualiſi-
cations to Scotch seats; but on the union with Ireland it was
considorod necesHary expressly to apply the disqualifying Acts
as to offices of profit in I}ngland to similar offices in Ireland
(p. 359), and at the same time to officos of profit held under
the Lord Tioutomant (p. 360). The principle of exclusion of
the Act of Anno was in 1742 extended to the deputies and
clorks in the Treasury, Exchequer, Admiralty, Army, and
Navy officos, Stamp, Iºxcise, and other offices.
Analogous to the disqualification of holders of offices of profit
under the Crown is that of contractors for the public service
(p. 355), who are made incapablo of sitting in the IIouse of
Commons, but the wide (loſinition contained in the Act of
I’arliamont has boon somewhat leniently construed.
The remaining disqualifications are of a pomal mature. I’or-
sons convicted of treason or folony, and sentenced to at least
lwolvo months' imprisonmont (p. 381), are disqualified until
pardon or expiration of Sontence. Candidatos reported by an
election judge guilty of Corruption aro disqualified for the con-
stituency for over; and if so reported or convicted on indictment,
or reported by election commissioners, for the House of Commons
for soven years. A candidate reported personally guilty of
illegal practicos is disqualifiod for that constituency for seven
years. A person guilty of corrupt practices at a municipal
oloction is subject to the like incapacities. Other disqualifica-
tions are imposed by bankruptcy, Bankruptcy in England, or
sequestration in Scotland, is a disqualification which endures
until it has boon annullod, or a certificato is obtained that it
was causod by misfortune. If an existing member becomes
bankrupt he must cease to sit, and his seat is vacated if his
disqualification continue unremoved for six months. IBank-
ruptcy in Ireland (p. 381) produces a limited disqualification,
which appears to apply only to Irish Seats.
DISQUALITICATION OF CANI)IDATIS. XXXV
If a disqualified person be nominated as a candidate, not only
is his election void, but in certain circumstances the candidate
obtaining the place next to him on the poll may claim the seat,
and obtain it on proof that the votes given for the disqualified
person are thrown away. Votes are considered thrown away
when given by a voter to a candidate notoriously disqualified,
or to a candidate of whose disqualification the voter has notice.
When the disqualification depends upon facts which a candidate
desires to rely upon as disqualifying his opponent, he does his
bost to bring the facts to the knowledge of the voters by written
notice or otherwise. Iºxamples of notoriously disqualified Can-
didates are a woman or the returning officer.
'I'III, ELECTION.
Elections are of two kinds, general or particular. A general
election takes place upon the summoning of Parliament by royal
proclamation. Ordors are made by the Queen in Council directing
the Lord Chancellor to affix the Great Seal to a proclamation
summoning a l’arliament, which proclamation usually also dis-
solves an existing Parliament, and also directing him to issue
the writs of election. The time between the proclamation and
the meeting of l’arliament must be not less than thirty-five
days (p. 410).
So soon as Parliament has mot, the authority for issuing the
writ to fill particular vacancies shifts from the Crown to the
IIouse of Commons itself, and a warrant of the Speaker is issued
upon motion made. IDuring the recess of the House, by pro-
rogation or adjournment, Acts of Parliament have enabled the
Speaker to issue his warrant on his own authority, in the case
of members dying or becoming poers (p. 391), and in the case
of members accepting offices of profit under the Crown (p. 418).
The warrant is issued upon the certificate of two members that the
member has died, or been made a peer, or has accepted an office.
The warrant, however, is not to issue until six days after the
advertisement of the certificate in the Gazette, and in the case
of the acceptance of office the member must himself sign the
notice, and if the effect of the acceptance of the office upon the seat
be doubtful, the Speaker may reserve the question for the House.
To provide for a vacancy in the office of Speaker, or his absence
out of the realm, he at the beginning of each Parliament ap-
points not less than three members, which number is maintained
from time to time, to executo his powers in issuing the warrants
in case of necessity. The same procedure applies to the case of
the seat of a member rendered vacant by bankruptcy in England
upon receipt of the certificate of tho Court (p. 386). -
Whether the authority for an election is the royal proclamation
or the Speaker's warrant, it acts upon the Clerk of the Crown
in Chancery, the officer of the Lord Chancellor having charge of
the matter. It is his duty to prepare and forward the writ, the
Effect of nomi-
nation of dis-
qualiſied
candidate.
Writs for
election.
c 2
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xxxviii HISTORY AND SUMMARY.
Ballot paper.
Jounting
votes.
recording votes. He may remove any person misconducting
himself, and, if required on behalf of a candidate, ask the voter
the two questions still allowed to be administered at the poll,
namely, whether he is the person whose name appears on the
register, and whether he has voted before, and may, if required,
administer an oath to confirm the answer (p. 436). Con-
versely, if a person presents himself to vote when another
person has already voted in that name, after answering the
questions and taking the oath, the presiding officer allows him
to record his vote on a “tendered ballot paper,” and enters his
name in the “tendered voters' list.” Again, if a voter deal
with a ballot paper so as to make it useless, the presiding officer
may give him another, and the ballot paper becomes a “spoilt
paper.” A further duty of the presiding officer is to mark the
ballot paper of illiterate voters, after they have made a declara-
tion of their illiteracy, to place their papers in the box, and to
enter the name and number of the illiterate voter in the list of
votes marked by the presiding officer. The poll lasts from
eight o'clock in the morning to eight at night & 515), and at
its close the presiding officer makes up and seals the ballot
boxes, the unused and spoilt ballot papers, the tendered ballot
papers, the marked copy of the register of voters showing the
voters who have voted, the counterfoils of the ballot papers
used, the tendered voters' list, and the list of illiterates' votes
marked by him. These packets are to be delivered to the
returning officer, and are to be accompanied by “the ballot
paper account,” which accounts for all the ballot papers issued
to the presiding officer. The agents of the candidates, including
their personation agents, if any (p. 405), may be present in the
polling stations.
The ballot paper contains a list of the candidates nominated.
On its being delivered to the voter it is marked on both sides
with the official mark, and the number of the elector in the
register is marked on the counterfoil. The counterfoil and the
ballot paper have corresponding numbers, so that while the
ballot paper does not disclose the voter's number on the register,
that number can still be traced in case of a scrutiny. The
elector enters a compartment of the polling station, marks the
paper with a cross opposite the namo or mames for which he
votes, folds up the paper, and puts it into the ballot box, which
at the commencement of the proceedings has been shown empty
and sealed. I’very precaution is taken throughout the voting
to maintain the secrecy of the ballot by imposing penalties and
otherwise.
The counting of the votes takes place before the returning
officer, who, after opening the boxes and recording the number
of papers in each, mixes all the papers together. He may reject
ballot papers for want of the official mark, for voting for too
many candidates, for identifying the voter, or for being uncer-
tainly marked or not marked at all. He has also to verify the
THE ELECTION. xxxix
ballot paper account, and forwards to the Clerk of the Crown
all the documents sorted as required by the rules of the Ballot
Act. These papers are retained for a year, and may be inspected
by order of the House of Commons or of the High Court.
The last duty of the returning officer is to make his return.
This is done by endorsement on the writ of the names returned,
and the writ is then sent through the post to the Clerk of the
Crown (p. 447).
The election of members for the Universities is not by ballot
but by voting papers, and the returning officer is the Vice-
Chancellor. The voting may be personally or by voting papers,
in pursuance of the Act of 1861 (p. 419).
The account of the election so far given deals only with what
may be called the official part of the proceedings. An account
remains to be given of the election as it concerns the candi-
dates, and the law on this subject is mainly to be found in the
Corrupt and Illegal Practices Prevention Act, 1883. By this Act
the expenditure of money by the candidates is closely restricted.
With this object the number of persons employed for payment
by the candidate to promote his return is limited. He can have
one election agent only, to be nominated on or before the day of
election, which post ho may fill himself (p. 477), but in counties
he may also have a sub-agent in each polling district, to be
nominated in writing by the election agent one clear day before
the polling. IIe can have one polling agent in each station
only, in boroughs one clerk, and one messenger for each five
hundred electors only, in counties one clerk and one messenger
in the central committee room for every five thousand electors,
and in each polling district one clerk and one messenger for
every five hundred electors in that district, and the persons so
employed are forbidden to vote (p. 504). These numbers must
not be exceeded, and no persons may be employed for payment
in any other capacity than those specified, as, for example, paid
canvassers. Committee rooms are not to be held in licensed pre-
mises, non-political clubs, refreshment houses, or schools (p. 474).
In boroughs one committee room for every five hundred
electors, and in counties one central committee room, and one
other committee room in each polling district for every five
hundred electors in that district (p. 505).
In addition to the expenses thus incurred the candidate is
allowed to pay his share of the returning officer's legal charges,
his own personal expenses up to £100, the expenses of printing
and advertising, stationery, &c., and the expenses of holding
public meetings. The expenses additional to these must not
exceed in any case £200, and the maximum of expenses, with
the exception of personal expenses and returning officer's
charges, is in boroughs, when the number of electors does not
exceed two thousand, £350, when they exceed two thousand
the maximum is £380, with an additional £30 for every complete
thousand electors above two thousand. In counties, when the
The return.
Corrupt
practices.
Xl IIISTORY AND SUMMAT&Y.
Return of
expenses.
electors do not exceed two thousand, the maximum is £650,
when they exceed that number the maximum is £710, with an
additional £60 for every complete thousand electors above two
thousand (p. 505). The amount is further reduced in the case
of joint candidates by one-fourth, or in the case of more than
two by one-third (p. 506). Moreover, the election agent is
bound to make a return of election exponses in detail, to the
accuracy and exhaustiveness of which both the agent and the
candidate are required to make a solemn declaration. All pay-
ments are required to be made by the election agent (p. 478),
and all money provided for the election is to be paid to him.
There must be a voucher for overy payment above 408., and
evory claim must be sent in to the agent within fourteen days
from the election, otherwise it is barred, and paid within
twenty-eight days, except in the case of disputed claims. The
candidate has himself to provide his agent with a return of his
personal oxpenses, and the return of expenses with the declara-
tion vorifying it has to be sent in to the returning officer within
thirty-five days of the election. The return must include all
payments with vouchers, the candidate's personal expenses, the
returning officer's charges, and disputed and unpaid claims on
tho one side, and a statement of cash received on the other.
The candidate must also at the time of the agent's return, or
within seven days aftorwards, transmit his declaration verifying
the return. A member cannot after the time for making the
return and declaration sit or vote until they are made ; and if
any candidate or election agent knowingly make the declaration
falsely, he is on conviction guilty of perjury, and also of a cor-
rupt practico, vacating a seat. Tailure or error in the return
and doclarations, if due to the candidate's illness or the agent's
misconduct, or otherwise excusable, may booxcused by order of
tho IIigh Court or an Election Court. The returning officer on
rocoiving the return, publishes a Summary of it in the news-
papers, and it is open to inspection (p. 484).
A false declaration of expenses is deemed a corrupt practice,
and if either the candidate or his agent be found guilty of it,
either by the Illection Court or on indictment, the election is
void (pp. 468, 469). The other corrupt practices avoiding the
election, if committed by the candidate or through his agent,
aro treating, undue influence, bribery, personation, and aiding
personation. Corrupt practices are further punishable on con-
viction by fine and imprisonment, by disqualifying as elector,
or as a judicial or public officer. I’ersonation is a felony, punish-
able with two years' hard labour. Similarly, illegal practicos
roported by tho Election Court avoid an election (p. 471).
Illegal practices consist of certain illegal payments made for the
purpose of procuring an election, namely, for the conveyance
of electors, which are absolutely forbidden both in counties
and boroughs, for the use of premises for the exhibition of
addresses, and for an oxcessive number of committoo rooms, and
THE EIECTION.—ELECTION PETITION. xli
payments made in excess of the maximum (p. 469). Other illegal
practices are inducing a prohibited person to vote (p. 47 0), pub-
lishing a false statement of the withdrawal of a candidate, and
issuing placards without the printer's name and address (p.474).
Illegal practices are further punishable on summary conviction
by fine, and incapacity for voting for five years (p. 471). A
third class of electoral offence consists of illegal payments,
employment, and hiring. Illegal payments consist of pro-
viding money in excess of the maximum allowed for the elec-
tion, payment to induce a candidate to withdraw, payment for
bands, cockades, &c., the gift of which is forbidden (p. 415),
and payment of persons employed (as canvassers or otherwise)
in promoting a candidate's election other than the persons
specially allowed. Lending or borrowing hackney carriages,
or carriages kept for hire, for conveying voters is an illegal
hiring. Engaging promoters of a candidature in an unautho-
rizod capacity, hiring licensed premises, non-political clubs,
refreshment houses and schools, as committee rooms are illegal
hirings. The punishment for this class of offence is a fine,
and, if the candidate is personally guilty, an illegal practice
avoiding the seat is committed (p. 475). There is a dis-
tinction as regards the seat between illegal payments, which
are illegal practices per se, such for example as a payment
for the conveyance of electors made for the purpose of pro-
curing an election, and illegal payments, such as a payment
for cockades, in that the former avoid the election if com-
mitted by an agent, whereas the latter are not illegal practices,
and do not avoid the election, unless committed by the
candidate personally (p. 475). There are provisions allowing
the Election Court to excuse the candidate from the conse-
quences of treating, undue influence, and illegal practices by
an agent, if they are done contrary to Orders, and reasonable
means were taken to prevent the occurronce, the offence was
trivial, and the election otherwise pure (p. 475). Again, if
a primá facie illegal practice arise from accident or other
reasonable cause, the Election Court or the High Court may
relieve. Further means are taken for the purity of elections
by providing that justices of the peace reported guilty of corrupt
practices may be dealt with by the Lord Chancellor, barristers
and solicitors by their Inns of Court or the High Court, and
licensed victuallers by the licensing justices (p. 486). Voters
incapacitated by corrupt or illegal practices are to be kept out
of the lists by the registration officer (p. 487).
THE ELECTION PETITION.
The validity of an election is tried before an Election Court
consisting of two judges, set in motion by an election petition.
The petition is signed by a voter, or claimant of a vote, or a
candidate, and must ordinarily be presented within twenty-one
d
xlii HISTORY AND SUMMARY.
days after the return of the writ to the Clerk of the Crown
(p. 523), or, if an illegal practice be alleged, fourteen days after
the return of election expenses (p. 489), or if corrupt or illegal
practices are alleged, together with a payment or other act in
furtherance of the practice since the return of the writ, or the
return of election expenses, the petition may be presented
within twenty-eight days of the alleged payment or act.
The time for petitioning in respect of an illegal practice is thus
greatly extended by the Act of 1883, possibly amounting to
fourteen days after the thirty-five limited for the return of ex-
penses. Security to the amount of £1000 must be given (p. 523).
Careful provision is made against the corrupt withdrawal of
a petition once presented (p. 490). The form of the petition,
and the practice in regard to it, is provided in detail by rules
of court made by the judges (p. 539). The petition is tried in
the borough or county, and the procedure is similar to that in
use at the Assizes, and the two judges who try the petition
may reserve questions of law for the decision of the High Court
). 5.28).
(l A. * extension of the duties of the judges at the trial
of an election petition was made by the Act of 1883, when the
Public Prosecutor or his assistant was required to attend, with a
view both to subsequent proceedings elsewhere, and to the
summary prosecution of offenders before the Election Court
(p. 491). A person before he is so prosecuted must be summoned
before the Court, and has the option of a jury, and if he elect to
be so triod an indictment may be ordered, and he may be com-
mitted for trial. Otherwise he may be convicted and sentenced by
the Election Court. A witness summoned before an Election
Jourt is obliged to answer incriminating questions, but he may
recoivo an indemnity, and thereupon an answer given by him
is not evidence, except upon an indictment for perjury (p. 499);
but a solicitor acting in the petition who has taken no part
in the election cannot be compelled to answer as to matters
which came to his knowledge professionally.
At the conclusion of the trial of the election petition the
judges make their certificate and report. The certificato (p. 527)
states whether the member whose return is complained of, or
any other person was duly elected, or whethor the election was
void. The report (pp. 471, 527) states whether any corrupt or
illegal practice has been proved to have been committed with
the knowlodge or consent of a candidate, or whether any illegal
practice has been committed by an agent, the names of persons
proved to have been guilty of a corrupt or illegal practice, and
whether corrupt or illegal practices have, or there is reason to
believe that they have, extensively prevailed at the election.
There may also be a special report to the Speaker of any matter
which ought to be submitted to the House of Commons.
PARLIAMENTARY
T H E
—-o-º-o-
P A R T I.
QUALIFICATION OF ELECTORS.
8 Hon. 6, c. 7
10 Hen. 6, c. 2 .
Qualification of county electors by Forty-Shilling
Freehold . . . . . . . . . . . .
The Forty-Shilling Freehold to be within the
county . .
Disqualification
Votes . e tº ſº e º 'º &
Turther restriction on faggot-votes . . . . .
The Forty-Shilling Freehold to have been held
for twelve months tº ſº tº e º 'º fº
The same as to counties of towns * e
Penalty for ante dating admission of freeman .
Voting by second husband of woman entitled to
dower . . . . . . . . . . . .
The potwaller's, &c., qualification for boroughs to
have been held for six months tº º º
Devise to split votes void . . . .
Disqualification of metropolitan police . . . .
Qualification for county vote by freehold for life,
or by leasehold of not less than £50 value—Pos-
Session for six months and registration essential
—Qualification for borough vote, by occupation
of building of £10 value, by occupier having
resided in borough for six months, and of free
men—Disqualification by parochial relief in
boroughs—Registration essential
Metropolitan l’olice . . . . . .
Disqualification of county police . . . . .
Non-payment of property tax no disqualification .
Successive and joint occupation in counties—
Qualification in respect of trust or mortgaged
estate—Measurement of distance. tº º
Date of payment of rates . * * * * *
Disqualification of borough police . . .
Medical poor relief by way of vaccination
qualification . . . . . . . . . . .
Qualification for borough franchise by occupation
of dwelling-house or lodgings of £10 value—
Iłating of occupier—Qualification for county
franchise by life ownership or leasehold owner-
ship of land of £5 yearly value, and by occupa-
tion of land of £12 yearly value—Disqualifica-
tion by parochial relief in counties . . . .
of infants—Restriction on faggot.
ELECTION ACTS.
PAGE
2
9i:4
7 & 8 Will. 3, c. 25,
ss. 6, 7.
10 Anne, c. 23 .
18 Geo. 2, c. 18
19 Goo. 2, c. 28.
3 Goo. 3, c. 15 .
20 Geo. 3, c. 17
26 Geo. 3, c. 100
53 Geo. 3, c 49 te
10 Geo. 4, c. 44, s. 18
2 Will. 4, c. 45 (Re-
form Act, 1832)
2 & 3 Viet. c. 71, s. 6
93 .
5 & 6 Wict. c. 35, s. 184
6 Vict. c. 18, ss. 73–8
*-m-m-m-m-m-
11 & 12 Vict. c. 90 .
19 & 20 Vict. c. 69 .
30 & 31 Vict. c. 84,
2 *
S. 26.
30 & 31 Vict. c. 102
(Ilepresentation of
the People Act,
1867)
31 & 32 Vict. c. 58 .
73 .
32 & 33 Wict. c. 41 .
33 Vict, c. 14 . .
38 & 34 Vict. c. 23.
"T"--—- -----
no dis-
Enfranchisement of revenue collectors .
Effect of payment of rates by owner
Aliens is tº $ tº g º º e
Disqualification on conviction for felony
}
I3
2S
29
29
34
34
35
46
46
46
52
PART I.—QUALIFICATION OF ELECTORS.
8 Hen. 6, c. 7.
Electors shall
have forty
shillinis a year
freehold.
I’A(; ſº,
33 & 34 Vict. c. 75. Corrupt practice at school board election . . . 53
37 & 38 Vict. c. 22. Further enfranchisement of revenue collectors . 53
39 & 40 Vict. c. 79 . Relief from school fees no disqualification. . . 54
41 Wict. c. 3 . . Letting of house furnished for four months no
break of residence under s. 3 of Act of 1867 . 54
——– 26 . . “IHouse,” &c., to mean “part of house,” &c. . . 55
42 & 43 Wict. c. 10 . Bffect of owner's allowance on payment of rates . 57
46 & 47 Vict. c. 35, Admission into Metropolitan Hospital no dis-
S. 7 . . . . qualification . . . . . . . . . . . 57
46 & 47 Vict. c. 51 . Disqualification by corrupt or illegal practice . . 58
47 & 48 Vict. c. 70 . Disqualification by corrupt or illegal practice at
municipal election . . . . . . . . . 58
48 Vict. c. 3. (Re- Qualification for county vote by possession of
presentation of the either dwelling-house or lodger qualification
People Act, 1884) for borough vote—Qualification for county vote
by occupation of land of £10 yearly value . . 59
48 Vict. c. 15 . . Period of qualification in counties—Qualification
(Registration Act, in Universities of Oxford and Cambridge . . 71
1885)
48 & 49 Vict. c. 23, Successive occupation in divided borough—En-
ss. 10, 27, 28. (Re- franchisement of persons disfranchised for bribery
distribution of in 1867, and disfranchisement of other persons
Seats Act, 1885) for bribery in 1880 . . . . . . . . . 72
48 & 49 Vict. c. 46. Medical relief no disqualification . . . . . 73
8 Hen. 6, c. 7. What Sort of Men shall be Choosers, and
who shall be chosen Knights of the Parliament.
[A.D. 1429.
Also, whereas the elections of knights of shires chosen to
come to the Parliaments of our lord the King, in many counties
of England, have now of late been made by very great out-
ragious and excessive number of people dwelling within the
same counties of the realm of England, of the which most part
was by people of small substance, or of no value, whereof every
of them pretended to have a voice equivalent, as to making
such elections, with the most worthy knights and esquires
dwelling within the same counties, whereby manslaughters,
riots, batteries, and divisions among the gentlemen, and other
people of the same counties, shall very likely rise and be, unless
convenient and due remedy be provided in this behalf: our
lord the King, considering the premises, hath provided, ordained,
and established, by authority of this present Parliament, That
the knights of the shires to be chosen within the realm of
England to come to the Parliaments of our lord the King here-
after to be holden, shall be chosen in every county of the realm
of England, by people dwelling and resident in the same counties,
whereof every one of them shall have free land or tenement to
the value of forty shillings by the year at the least above all
charges; and that they which shall be so chosen shall be dwelling and
resident within the same counties.
Provided always, that he which cannot expend forty shillin gS
by year, as afore is said, shall in no wise be chooser of the knights
for the Parliament.
8 HEN. 6, CAP. 7—ForTY-SHILLING FREEHOLDERS.
8
Prior to this enactment, the qualification to elect appears, under 7 Hen. 4,
c. 15 (repealed impliedly by this enactment, and expressly by the Ballot Act,
1872), to have been possessed by all present at the county court, “as well
suitors, as others,” summoned by proclamation.
This enactment (here printed with omission of words repealed by Ballot
Act, 1872) up to 1832 remained the principal qualification Act for counties,
the Act of 1832 being the first to give the occupation franchise for counties.
It applies to freeholds only, which term includes both freeholds for the life
of the holder and freelholds for the life of another, and also rent-charges.
Amendments of Law.] Qualification by ownership for life or lives restricted
to occupiers by s. 18 of Act of 1832, p. 13. Six months' possession required
by s. 26 of Act of 1832, p. 16. Registration required by Act of 1843, p. 74.
Receipt of parochial relief a disqualification by S. 40 of Act of 1867, p. 43.
Qualification by rent-charges and double ownership restricted by S. 4 of
the Act of 1884, p. 60.
By people..] Women are disqualified at common law, and cannot vote for
counties under this statute, any more than they can for boroughs under S. 3
of the Act of 1867, p. 35: Chorlton v. Kessler, L. R. 4 C. P. 397.
Dwelling and Resident.] So much as relates to the residence of persons to
be elected members, or of the persons by whom they are to be chosen, is
repealed by 14 Geo. 3, c. 58, which latter statute is itself repealed by the
Statute Law Revision Act, 1871, but not (see 13 & 14 Vict. c. 21, s. 5) so as
to revive the portion of this Act repealed thereby.
Free Land or Tenement.] These words include a rent-charge : Dodds v.
Thompson, L. R. 1 C. P. 133; 35 L. J. C. P. 97, although there be no power
to distrain for it (ib.), and although there may be a power to distrain
which is nugatory: Dawson v. Robbins, 2 C. P. D. 38; 46 L. J. C. P. 62;
but a rent-charge below £5 granted by a tenant for life is not within the
exceptions of the amending s. 18 of the Act of 1832 as amended by s. 5 of
the Act of 1867, and therefore such a rent-charge does not confer a vote :
Druitt v. Christ Church Overseers, 12 Q. B. D. 365; 35 L. J. Q. B. 144; 32
W. R. 371; 1 Colt. 328. The words clearly include ecclesiastical freeholds,
and even a perpetual curacy: Wallis v. Birks, L. R. 5 C. P. 222, has been held
to give at least an equitable freehold ; but the words do not include the
interest of an incumbent in a fixed sum paid by the ecclesiastical commis-
sioners: Kirton v. Dear, L. R. 5 C. P. 217; 39 L. J. C. P. 36; 22 L. T. 268;
H. & C. 349; nor that of the “six preachers” of Canterbury Cathedral: Hall
v. Lewis, 4 C. B. (N.S.) 106; nor that of a parish clerk in respect of his fees
for opening graves: Bushell v. Eastes, 11 C. B. (N.S.) 106; nor a right to sit
in a pew : Hinde v. Chorlton, L. R. 2 C. P. 104; Brumfitt v. Roberts, L. R.
5 C. P. 224; 39 L. J. C. P. 95; or a right to shares in a bridge : Wadmore v.
Dear, L. R. 7 C. P. 212; or the profits of an ordinary joint stock company:
Bulmer v. Norris, 30 L. J. C. P. 25.
In Philips v. Salmon (L. R. 3 C. P. 97) it was held that the occupant of an
apportioned plot of the waste of a manor had a sufficient freehold interest.
Value.] This means what the land may, not necessarily only what it does,
produce : Astbury v. Henderson, 15 C. B. 251; 24 L. J. C. P. 20.
Forty Shillings.] This may be made up by several parcels each below the
forty shillings: Wood v. Hopper, I C. P. D. 192; 45 L. J. C. P. 108.
4bove all charges.] Not including public taxes (18 Geo. 2, c. 18, s. 6,
p. 7, post), nor payments redounding to the permanent benefit of the owner:
Rolleston v. Cope, L. R. 6 C. P. at p. 301, as outlay for laying on water:
Buckley v. Wrigley, L. R. 7 C. P. 185; but including expenses of collecting
ºnts: Hamilton v. Boss, 22 L. J. C. P. 20; 12 C. B. 631 ; Sherlock v. Steward,
29 L. J. C. P. 87; 7 C. B. (N.S.) 21, and ordinary repairs: Buckley v. Wrigley,
Sºpra ; also water rates and local rates: Moorhouse v. Gilbertson, 23 L. J. C. P.
19.14 C, B, 70; and generally all annual charges necessarily incurred in
realising the rent if the freehold be let, and all mortgage interest although the
*ortgago secure principal only: Lee v. Hutchinson, 8 C. B. 18, but not pay-
8 Hen. 6, c. 7.
B 2
4
PART I.—QUALIFICATION OF ELECTORS.
8 Hem. 6, c. 7.
Forty-shilling
freeholders.
10 Hen. 6, c. 2.
IElectors shall
have forty
shillings a year
within the
same county.
7 & 8 Will. 3,
c. 25.
Trust and
mortgaged
estates.
Conveyances
to multiply
voices void.
ments made in reduction of the principal : Rolleston v. Cope, L. R. 6 G. P.
292; 40 L. J. C. P. I60; 24 L. T. 930; 19 W. R. 927; 1 H. & C. 488, where
see the cases reviewed.
As to equitable estates, see s. 74 of the Act of 1843 and notes, p. 30, in
which Steele v. Bosworth, 34 L. J. C. P. 57, and other cases as to the rights
of the immates of hospitals are treated.
10 Hen. 6, c. 2.
Also [Recital of Stat., 8 Hen. 6, c. 7, Supra], whereas not
making express mention in the same, that every man that
should be chooser of any such knights, should have free-
hold to the value of forty shillings at the least, above all
charges, within the same county, where such chooser with
other like shall make such election, or elsewhere : And therefore
our lord the King, willing to make full declaration of the said
statute, with the advice and assent as aforesaid, and at the
special request of the said Commons, hath ordained, That the
knights of all counties within the said realm, to be chosen to
come to Parliaments to be hereafter holden, shall be chosen
in every county by people dwelling and resiant in the same,
whoreof every man shall have freehold to the value of forty
shillings by the year at the least, above all charges, within the
same county where any such chooser will meddle of any such
election. e
Words in italics repealed by 14 Geo. 3, c. 58. See note to 8 Hen. 6, c. 7, p. 3.
7 & 8 Will. 3, c. 25.
[For sections of this Act as to the writ, see Part W., “The Election.”
6. And be it also enacted, That no person or persons shall be
allowed to have any vote in election of members to serve in Parliament,
for or by reason of any trust, estate, or mortgage, unless such trustee
or mortgagee be in actual possession or receipt of the rents and profits
of the same estate ; but that the mortgagor, or cestui que trust, in
possession, shall and may vote for the same estate, notwithstanding
such mortgage or trust ; and that all conveyances of any messuages,
lands, tenements, or hereditaments, in any county, city, borough,
town corporate, port, or place, in order to multiply voices, or to
split and divide the interest in any houses or lands among
several persons, to enable them to vote at elections of members
to serve in Parliament, are hereby declared to be void and of
none effect, and that no more than one single voico shall be
admitted for one and the same house or tenement.
The Words in italics are expressly repealed by the Statute Law Revision
Act, 1867, these provisions having been superseded by those of s. 74 of the
Act of 1843. See that section and note, p. 30, post.
Conveyance to multiply voices.]... The conveyance is void only if the vendor
be privy to the object: Marshall v. Brown, 7 M. & G. 188, and even the
privity of the wondor's solicitor does not avoid it, if the vendor himself be
not privy : Hoyland v. Bremmer, 2 C. B. 84 ; 15 L. J. C. P. 133. Moreover,
conveyances for bond fide consideration: Thorniley v. Aspland, 2 C. B.
7 & 8 WILL. 3, CAP. 25—I'AGGOT-Votes—INFANTs.
5
160; or for the consideration only of natural love and affection: Newton
v. IIargreaves, 2 C. B. 163, are good, although the avowed object of both
parties be to create votes: Newton v. Crowley Overseers, 2 C. B. 207;
Riley v. Crossley, 2 C. B. 146; 15 I. J. C. P. 144. It is only fraudulent
and collusive conveyances (see 10 Anne c. 23, infra), reserving a trust for
tho grantors which are bad : Riley v. Crossley, 8wpra, and the question
whether there was fraud or not so as to avoid the vote is one of fact for the
revising barrister: Newton Overseers v. Mobberley, 2 C. B. 203; 15 L. J. C. P.
154. The fraudulent conveyance is bad only to the extent of avoiding
the vote, and operates to pass a legal interest from the grantor to the
grantee: Philpotts v. Philpotts, 10 C. B. 85; 20 L. J. C. P. II. The enactment
must be read with 10 Anne, c. 23, infra, and see further 53 Geo. 3, c. 49.
No more than one voice.] See as to joint qualifications, Act of 1832, s. 29,
p. 19; Act of 1843, s. 73, p. 30; and Act of 1884, S. 4, and note, p. 160.
7. And be it further enacted, That no person whatsoever,
being under the age of one and twenty years, shall at any time
hereafter be admitted to give his voice for election of any
member or members to serve in this present, or any future
Parliament; and that no person hereafter shall be capable of
being elected a member to serve in this or any future Parlia-
ment, who is not of the age of one and twenty years; and
every election or return of any person under that age is hereby
declared to be null and void ; and if any such minor hereafter
chosen shall presume to sit or vote in Parliament, he shall incur
Such penalties and forfeitures, as if he had presumed to sit and
vote in Parliament without being chosen or returned.
This section, in so far as it disqualifies infants from voting, is declaratory
of the common law : Heywood, 258, citing 4 Inst. 5. See also s. 3 of the
Act of 1867, and note thereto, p. 36.
10 Anne, c. 23. [C. 31, in Revised Statutes.] An Act
for the more effectual preventing fraudulent Con-
veyances, in order to multiply Votes for electing Knights
of Shires to serve in Parliament. [A.D. 1711.
Whereas by an Act of Parliament made in the seventh year
of the reign of his late majesty King William the Third,
intituled, “An Act for the further regulating Elections of
Members to serve in Parliament, and for the preventing irregular
Proceedings of Sheriffs and other Officers in the Electing and
Returning such Members,” it is, amongst other things, enacted,
That all conveyances of any messuages, lands, tenements, or
hereditaments, in any county, city, borough, town corporate,
port or place, in order to multiply voices, or to split and divide
the interest in any houses or lands amongst several persons, to
enable them to vote at elections of members to serve in Parlia-
ment, shall be void and of none effect; and that no more than
one single voice shall be admitted for one and the same house
and tenement: And whereas (notwithstanding this provision to
the contrary) many fraudulent and scandalous practices have
been used of late to create and multiply votes at the election of
7 & 8 Will. 3,
c. 25.
None under
twenty-one
years to vote.
Penalty.
10 Anne, c. 23.
Recital of
7 & 8 Will 3,
c. 25, s. 7.
6
PART I.-QUALIFICATION OF ELECTORS.
10 Anne, c. 23.
Faggot-votes.
Fraudulent
conveyances to
qualify for
vote void.
Bonds, &c.,
void.
Making, &c.,
such convey-
ance or voting
by colour
thereof.
Penalty.
*-
18 Geo. 2, c. 18.
knights of the shire to serve in Parliament, to the great abuse
of the ancient law and custom of that part of Great Britain
called England, to the great injury of those persons who have
just right to elect, and in prejudice of the freedom of such
elections: Therefore, for the more effectual preventing of such
undue practices, be it enacted, That all estates and conveyances
whatsoever made to any person or persons in any fraudulent or
collusive manner, on purpose to qualify him or them to give his
or their vote or votes at such elections of knights of the shire
(subject nevertheless to conditions or agreements to defeat or
determine such estate, or to reconvey the same) shall be deemed
and taken, against those persons who executed the same, as free
and absolute, and be holden and enjoyed by all and every such
person or persons to whom such conveyance shall be made, as
aforesaid, freely and absolutely acquitted, exonerated and
discharged, of and from all manner of trust, conditions, clauses
of re-entry, powers of revocation, provisoes of redemption, or
other defeazances whatsoever, between or with the said parties,
or any other person or persons in trust for them; and that all
bonds, covenants, collateral or other securities, contracts or
agreements, between or with the said parties, or any other
person or persons in trust for them or any of them, for the
redeeming, revoking, or defeating such estate or estates, or for
the restoring or re-conveying thereof, or any part thereof, to
any person or persons who made or executed such conveyance,
or to any other person or persons in trust for them, or any of
them, shall be null and void to all intents and purposes what-
soever; and that every person who shall make and execute such
Conveyance or conveyances, as aforesaid, or being privy to such
purpose, shall devise or prepare the same, and every person who,
by colour thereof, shall give any vote at any election of any knight
or knights of a shire to serve in Parliament, shall, for every
such conveyance so made, or vote so created or given, forfeit
the sum of forty pounds to any person who shall sue for the
same, to be recovered, together with full costs of suit, by action
of debt, bill, plaint or information, in any of her Majesty's
Courts of Record at Westminster; wherein no essoin, privilege,
protection, wager of law, or more than one imparlance shall be
admitted or allowed.
18 Geo. 2, c. 18. An Act to explain and amend the Laws
touching the Elections of Knights of the Shire to serve
in Parliament for that part of Great Britain called
England.
5. And be it further enacted by the authority aforesaid, that
from and after the said twenty-fourth day of June, one thousand
seven hundred and forty-five, no person shall vote in any such
election, without having a freehold estate in the county for
18 GE(). 2, CAP. 18–Twelvi. MoRTHs' PoSSESSION.
7
which he votes, of the clear yearly value of forty shillings,
over and above all rents and charges payable out of or in
respect of the same, and without having been in the actual pos-
session, or in receipt of the rents and profits thereof, for his
own use, above twelve calendar months, unless the same came
to him within the time aforesaid, by descent, marriage, mar-
riage settlement, devise, or promotion to any benefice in a
church, or by promotion to an office, or shall vote in respect or
in right of any freehold estate, which was made or granted to
him fraudulently, on purpose to qualify him to give his vote.
But see Reform Act, 1832, s. 26, p. 16, post, which reduces the twelve
months to six. An omitted portion of the present Section is repealed by the
Ballot Act.
6. And be it declared by the authority aforesaid, that no
publick or parliamentary tax, county, church, or parish rate or
duty, or any other tax, rate, or assessment whatsoever, to be
assessed or levied upon any county, division, rape, lathe,
wapentake, ward, or hundred, is or shall be deemed or con-
strued to be any charge, payable out of or in respect of any
freehold estate, within the meaning and intention of this Act,
or of the oath or solemn affirmation herein before directed to be
administered to, and taken by every freeholder, if required, as
aforesaid.
Repeated by 19 Geo. 2, c. 28, s. 5, infra, as to counties of towns, and by
s. 21 of the Reform Act, 1832, post.
19 Geo. 2, c. 28.
4. And be it further enacted, that no person shall vote in
such election of a member or members to serve in Parliament
for any city or town, being a county of itself, and in which
persons have a right to vote for such members, for and in
respect of lands, tenements, or hereditaments, of the yearly
value of forty shillings, unless such persons shall have a free-
hold estate in the city and county, or town and county, for
which he votes, of the clear yearly value of forty shillings,
over and above all rents and charges payable out of or in
respect of the same, and shall have been in the actual pos-
session, or in receipt of the rents and profits thereof for his own
use, above twelve calendar months, except the same came to
him within the time aforesaid by descent, marriage, or marriage
Settlement, devise, or promotion to any benefice in a church, or
by promotion to an office; and no person shall vote in respect
or in right of any freehold estate which was made or granted
to him fradulently, on purpose to qualify him to give his vote.
But see Reform Act, 1832, s. 26, p. 16, post. An omitted portion of the
present section is repealed by the Ballot Act.
5. And be it declared by the authority aforesaid, that no
publick or parliamentary tax, church or parish rate or duty,
or any other tax, rate, or assessment whatsoever, to be assessed
18 Geo. 2, c. 18.
Forty-shilling
freeholders to
be in possession
above 12
months.
No public tax
to be deemed a
charge on a
freehold.
19 Geo. 2, c. 28.
Forty-shilling
freeholders in
counties of
towns
to be in
possession
above 12
months.
Exception.
Fraudulent
qualification.
Taxes not
within
this Act.
8
PART I.—QUALIFICATION OF ELECTORS.
19 Geo. 2, c. 28.
Tuclve months’
possession.
Act not to ex-
tend to places
with burgage
votes, &c.
3 Geo. 3, c. 15.
*-
Penalty for
antedating the
admission of
any freeman,
2.500.
Admissions of
freemen to be
open to inspec-
tion.
Books, &c., to
be produced,
if demanded, at
every election.
or levied within such cities or towns, being counties of them-
selves, as aforesaid, is or shall be deemed or construed to be
any charge payable out of or in respect of any freehold estate
within the meaning and intention of this Act, or of the oath or
solemn affirmation herein before directed to be administered to,
and taken by every freeholder, if required, as aforesaid.
13. Provided always, and be it enacted by the authority
aforesaid, that this Act, or any thing therein contained (other
than and except such clauses and provisions as are by this Act
made for or concerning allowing cheque books, or for or con-
cerning notice to be given of the time and place of election, and
proceeding to election thereupon) shall not extend, or be con-
strued to extend, to any city or town, being a county of itself,
or to any person or persons where the right of voting for any
member or members of any such city or town is, for or in
respect of burgage tenure, or where the right of voting for
such member or members, for or in respect of a freehold, does not
require the same to be of the yearly value of forty shillings.
3 Geo. 3, c. 15.
3. If any mayor, bailiff, sheriff, town clerk, or other officer
of any corporation, or other person whatsoever, shall wilfully
and fraudulently antedate, or cause to be antedated, any admis-
sion of any freeman, such mayor, bailiff, sheriff, town clerk,
officer, or other person, shall, for every such offence, forfeit and
pay the sum of five hundred pounds to him, her, or them, who
shall inform and sue for the same.
4. The mayor, bailiff, sheriff, town clerk, or other officer of
any corporation, having the custody of, or power over, the
records of the same, shall, upon the demands of any candidate,
or his agent, or any two freemen, on the payment of one
shilling, permit such candidate, agent, or freemen, between the
hours of nine in the morning and three in the afternoon, at any
time before, and within one month after, any such election as
aforesaid, to inspect the books and papers wherein the
admission of freemen shall be entered ; and to have copies of
minutes of the admission of so many freemen as such candidate,
agent, or freemen, shall think fit, upon paying to such mayor,
bailiff, sheriff, town clerk, or other officer, a reasonable charge
for writing the same; and such books and papers shall, if
demanded by such candidate, agent, or freemen, be produced
by such mayor, bailiff, sheriff, town clerk, or other officer, at
every election, and be referred to, in case any dispute shall
arise touching the right of any person to give his vote thereat :
and if such mayor, bailiff, sheriff, town clerk, or other officer,
shall refuse or deny such candidate, agent, or freemen, the
inspection of such books and papers, or to have copies of
minutes thereof, or shall refuse or neglect to produce such
3. GEO. 3, CAP. 15—FREEMEN–Dower.
9
books and papers at any election, if demanded and paid for in
the manner hereinbefore set forth, such mayor, bailiff, sheriff,
town clerk, or other officer, shall for every such offence, forfeit
and pay the sum of one hundred pounds to him, her, or them,
who shall inform and sue for the same.
5. All forfeitures or penalties laid or imposed by this Act, shall
be recovered, with full costs of suit, by action of debt, bill,
plaint, or information, in any of his Majesty's Courts of Record
at Westminster; wherein no essoin, protection, wager of law,
or more than one imparlance, shall be allowed.
6. Provided always, and it is hereby further enacted and
declared, that no person shall be liable to any forfeiture or
penalty by this Act laid or imposed, unless prosecution be com-
menced within one year after such forfeiture or penalty shall
be incurred.
[7. Act to be read by returning officer at all elections by freemen.—Repealed
by Ballot Act, 1872.]
8. Nothing in this Act shall extend, or be construed to
extend, to the cities of Londom or Norwich.
20 Geo. 3, c. 17.
12. Whereas disputes have arisen, whether the husbands of
women entitled to dower or thirds, at common law, out of the
estates of their former husbands, shall be entitled to vote in the
election of members of Parliament, unless dower has been
assigned and set out, by metes and bounds, for such women; be
it therefore further enacted, that where any woman, the widow
of any person tenant in fee or in tail, shall be entitled to dower
or thirds, by the common law, out of the freehold estate of
which her husband died seised or possessed, and shall inter-
marry with a second husband, such second husband shall be
entitled to vote in respect of such dower or thirds, if such
dower or thirds shall be of the clear yearly value of forty
shillings, or upwards, although the same has not been assigned
or set out by metes or bounds, if such second husband shall be in
the actual receipt of the profits of such dower, and the estate
from whence the same issues is rated to, and contributes to the
land tax in the name of the actual owner of the lands or
tonements from whence such dower or thirds arises or issues.
26 Geo. 3, c. 100. An Act to prevent Occasional Inhabi-
tants from voting in the Election of Members to serve
in Parliament, for Cities and Boroughs, in that Part of
Great Britain called England, and the Dominion of
Wales. [A.D. 1786.
Whereas it frequently happens, in cities and boroughs where
the right of election of mombers to serve in Parliament is
in the inhabitants paying scot and lot, or in the inhabitants
3 Geo. 3, c. 15.
Recovery of
penalties.
Prosecution to
be within a
year.
Act not to
extend to
London or
Norwich.
20 Geo. 3, c. 17.
Qualification
of husbands of
women entitled
to dower out
of estates of
former hus-
bands.
26 Geo. 3,
c. 100.
Preamble.
1()
PART I.-QUALIFICATION OF ELICTORS.
26 Geo. 3,
c. 100.
Potwallers, &c.
Any person
voting as an
inhabitant,
paying scot and
lot, &c., who
shall not have
been so six
months pre-
vious to the
election, to
ſorſe it, #20.
but not to ex-
tend to persons
acquiring pos-
session by
descent, &c.,
nor to others
than inhabi-
tants paying
scot and lot,
&c.
householders, housekeepers, and pot-wallers, legally settled, or in
the inhabitants householders, housekeepers, and pot-wallers,
or in the inhabitants householders resiants, or in the inhabi-
tants within such cities or boroughs, that much trouble, ex-
pense, and litigation, is created by occasional voters, to the
great prejudice of the real inhabitants, who bear the burthens
of such cities and boroughs, and to whom the right of sending
members to Parliament belongs: For remedy thereof, be it
enacted that from and after the first day of August, one thou-
sand seven hundred and eighty-six, no person shall be admitted
to vote at any election of a member or mombers to serve in
Parliament for any city or borough of that part of Great
J3ritain called England, or the dominion of Wales, as an in-
habitant paying scot and lot, or as an inhabitant householder,
housekeeper, and pot-waller, legally settled, or as an inhabitant
householdor, housekeepor, and pot-waller, or as an inhabitant
householder rosiant, or as an inhabitant of such city or borough,
unless he shall have been actually and bond ſide an inhabitant
paying Scot and lot, or an inhabitant householder, housekeeper,
and pot-wallor, legally settled, or an inhabitant householder,
housekeeper, and pot-waller, or an inhabitant householder
resiant, or an inhabitant within such city or borough, six
calendar months previous to the day of the election at which
he shall tender his vote; and if any person shall vote at any
such eloction, contrary to the true intent and meaning of this
Act, his voto shall be deemed null and void, and he shall forfeit,
to any persons who shall sue for the same, the sum of twenty
pounds, to be recovered by him or her, by action of debt, in any
of his Majesty's Courts of Rocord at Westminster, wherein no
essoin, protection, wager of law, privilege, or imparlance, shall
be admitted or allowed; and in every such action the proof of
inhabitancy, as aforesaid, shall lie upon the person against
whom the same shall be brought: Provided, nevertheless, that
such action be commenced within six calendar months after
the cause of action accrued : Provided also, that nothing in this
Act contained shall extend, or be construed to extend, to any
person acquiring the possession of any house, in any city or
borough, by descent, devise, marriage, or marriage settlement,
or promotion to any office or benefico.
2. Provided also, and be it further enacted, that this Act
shall relate only to those persons who claim to exercise the
franchise of voting as inhabitants paying scot and lot, or as
inhabitants householders, housekeepers, and pot-wallers, legally
settled, or as inhabitants householders, housekeepers, and pot-
wallers, or as inhabitants householders resiants, or as inhabi-
tants within such cities or boroughs, and shall not extend to any
other description of persons who may claim to vote at any
election for members to Sorve in Parliament for such cities or
boroughs, by any other title, or by any other superadded
qualification.
26 GEO. 3, CAP. 100–53 GEO. 3, CAP. 49–10 GEO. 4, CAP. 7.
11
For reserved rights of “Scot and lot" voters, “potwallers,” and others, Seo
IRoform Act, 1832, s. 33, and note, from which it will be secn that the
electors within the purview of this Act (which does not apply to freemen)
must, in order to be still qualified, have possessed their qualification on the
7th June, 1832, and retained it continuously since then—so that, as they must
have boen at least of age at that date, very fow of them would now (1885) Survive.
“ Scot and lot " is any assossed contribution to common expenses, such as
the poor rate. - & º -
A “potwaller” is one who cooks his own diet at his own fireplace in a
room of his own. The Taunton Election Case (Curries' Case, A.D. 1838),
I'alconer v. I'itzherbert, at p. 311.
53 Geo. 3, c. 49. An Act to explain and amend an Act,
passed in the Seventh and Eighth Years of the Reign
of the late King William, as far as relates to the
splitting and dividing the Interest in Houses and
Lands among several Persons to enable them to vote at
Elections of Members to serve in Parliament.
[21st May, 1813.
Whereas by an Act of Parliament, made in the seventh year
of the reign of his late Majesty King William the Third, in-
tituled “An Act for the further regulating Elections of Members
to serve in Parliament, and for preventing irregular Proceed-
ings of Sheriffs and other Officers in the electing and returning
such Members,” it is amongst other things enacted (p. 4, ante),
that all conveyances of any messuages, lands, tenements, or
hereditaments, in any county, city, borough, town corporate,
port, or place, in order to multiply voices, or to split and divide
the interest in any houses or lands amongst several persons to
enable them to vote at elections of members to serve in Parlia-
ment, shall be void and of none effect: And whereas doubts
have been entertained whether devises by will made in such
cases, and for such purposes, are within the true intent and
meaning of the said Act; be it enacted and declared, That all
devises by will made in such cases and for such purposes as by
the said Act are hereinbefore described, are and shall be taken
to be conveyances within the true intent and meaning of the
said Act, as if the same had been therein specially mentioned:
Provided always, that this Act shall not revoke or defeat or be
construed to revoke or defeat any part of any will in which is
comprised any devise or devises which is or are hereby declared
void, other than or beyond the devise or devises made void by
this Act. -
10 Geo. 4, c. 7. An Act for the relief of His Majesty's
Roman Catholic subjects. [13th April, 1829.
2. It shall be lawful for persons professing the Roman
Catholic religion to vote at elections of members to serve in
Parliament for England and for Ireland.
Further words of this section, proscribing a particular form of oath, arc
repealed by the Promissory Oaths Act, 1871, 34 & 35 Vict. c. 48.
26 Geo. 3,
c. 100.
53 Geo. 3, c. 49.
Devises split-
ting interest in
premises to en-
able persons to
vote void.
10 Geo. 4, c. 7.
***-*- - - --- - - -—- - ...--
Qualification
of Roman
Catholics.
12
PART I.-QUALIFICATION OF ELECTORs.
10 Geo. 4, c. 7.
Roman
Catholics.
10 Geo. 4, c. 44.
No justice, re-
ceiver, police-
man, &c. ap-
pointed under
this Act, to
vote.
Penalty £100.
Proviso.
This section, as it now stands, is declaratory of the law. Roman Catholics
were never expressly and directly disqualified from voting as such, although
they were very frequently debarred from voting by the enforcement of the
law requiring as a condition precedent that oaths might be administered
which Roman Catholics declined to take.
10 Geo. 4, c. 44. [Metropolitan Police Act.]
18. And be it enacted, That no justice of the peace or receiver
appointed by virtue of this Act shall, during the continuance
of such appointment, be capable of being elected or of sitting as
a member of the House of Commons; and no justice, receiver,
or person belonging to the police force, appointed by virtue of
this Act, shall, during the time that he shall continue in any
such office, or within six calendar months after he shall have
quitted the same, be capable of giving his vote for the election
of a member to serve in Parliament for the counties of Middle-
sex, Surrey, Hertford, Essex, or Kent, or for any city or borough
within the Metropolitan Police District, nor shall, by word,
message, writing, or in any other mammer, endeavour to per-
suade any elector to give, or dissuade any elector from giving,
his vote for the choice of any person to be a member to serve
in Parliament for any such county, city, or borough ; and if
any such justice, receiver, or person belonging to the police
force shall offend therein, he shall forfeit the sum of one
hundred pounds, to be recovered, by any person who will sue
for the same, by action of debt, to be commenced within six
calendar months after the commission of the offence; and one
moiety of the sum so recovered shall be paid to the informer,
and the other moiety thereof to the receiver appointed under
this Act, to be by him added to and applied as part of the funds
for the purposes of the police under this Act : Provided always,
that nothing in this enactment contained shall subject any such
justice, receiver, or person belonging to the police force to any
penalty for any Act dome by him at or concerning any of the
said elections in the discharge of his official duty.
This section is still unrepealed, although 2 & 3 Vict. c. 71, s. 6, p. 28, post,
which is in pari materić, though not so extensive, inasmuch as it did not
apply to the counties of Hertford, Essex, or Kent, was repealed by 37, & 38
Vict. c. 23, p. 53, post. Inasmuch as this Act ostablished the Metropolitan
Police Force, and constituted the Metropolitan Police District (with powers
of enlargement by Order in Council), all existing “persons belonging to the
Police Force” would seem to be appointed under the Act, and therefore dis-
franchised by this section.
A disqualification attaches under 19 & 20 Vict. c. 2, S. 9, to Assistant
Commissioners, and under 23 & 24 Vict. c. 135, s. 5, to officers of the Metro-
politan Police employed in Her Majesty's yards and arsonals, or in the prin-
cipal stations of the War Office, outside the Metropolitan District.
Only the magistrates sitting at Westminster were appointed under 10 Geo.
4, c. 44, and other Acts under which stipendiary magistrates are appointed,
contain no disqualifying clauses.
REFORM ACT, 1832, SEC. 18—FREEIIoIDS FoR A LIFE.
13
2 Will. 4, c. 45.
THE REFORM ACT, 1832.
An Act to amend the Representation of the People in
England and Wales. [7th June, 1832.
[1–17. See Part III., “Electoral Areas,” post.]
18. No person shall be entitled to vote in the election of a
knight or knights of the shire to serve in any future Parlia-
ment, or in the election of a member or members to serve in an
future Parliament for any city or town being a county of itself,
in respect of any freehold lands or tenements whereof such
person may be seised for his own life, or for the life of another,
or for any lives whatsoever, except such person shall be in the
actual and bond fide occupation of such lands or tenements, or
except the same shall have come to such person by marriage,
marriage settlement, devise, or promotion to any benefice or to
any office, or except the same shall be of the clear yearly value
of not less than ten” pounds above all rents and charges payable
out of or in respect of the same ; any statute or usage to the
contrary notwithstanding : Provided always, that nothing in
this Act contained shall prevent any person now seised for his
own life, or for the life of another, or for any lives whatsoever,
or any freehold lands or tenements in respect of which he now
has, or but for the passing of this Act might acquire, the right of
voting in such respective elections, from retaining or acquiring,
so long as he shall be so seised of the same lands or tenements,
such right of voting in respect thereof, if duly registered ac-
cording to the respective provisions hereinafter contained.
This section (which has no application to owners in fee simple) restricts the
forty-shillings freehold qualification, established for counties by 8 Hen, 6, c. 7,
ante, in cases where the holding is for a life or lives, to freeholds either (1)
occupied by the holder; or (2) being of the value of £10. The £10 was
reduced to £5 by s. 5 of the Act of 1867, p. 38, post.
Occupation.] A rent-charge cannot be occupied, and therefore if the holder
hold it for life, it does not come within the exception for occupation, so that
if below £5 it does not confer the vote : Drwitt v. Christ Church. Overseers,
12 Q. B. D. 365; 53 L. J. Q. 177; 32 W. R. 371; 1 Colt. 328. In the peculiar
case of Trenfield v. Lowe (L. R. 4 C. P. 454; 38 L. J. C. P. 191), the rated
holders of certain pastures were held to be “actual and bond fide" occupiers
notwithstanding that limited rights of pasture thereon were by custom granted
out annually to other persons.
Promotion to Office.] Neither “beadsmen’’ appointed for life under a trust
deed, and receiving fifty shillings a year, but not liable to perform any duties
(Faulkner v. Boddington Overseers, 27 L. J. C. P. 20; 3 C. B. (N.S.) 4 i2,; nor
fellows of a college coming into a yearly sum charged on land (West v. Robson,
27 L. J. C. P. 262), come within these words.
Clear Yearly Value.] The required amount must be received, or receivable:
Astbury v. Lees, 15 C. B. 251, by right: Ashmore v. Lees, 2 C. B. 31.
Above all Rents and Charges.] Compare the “above all charges” of 8 Hen.
% T. ante. Public taxes are by s. 2i of this Act, post, not to be deemed
“gharges.” Charges may be apportioned: Barrow v. Buckmaster, 12 C. B. 664;
Moore v. Carisbrooke Overseers, 12 C. B. 661. - -
2 Will. 4, c. 45.
Limitation on
right of voting
for counties
in respect of
freeholds for
life.
* Now £5.
14
PART I.-QUALIFICATION OF ELECTORS.
2 Will. 4, c. 45,
s. 20.
Chandos clause,
Right of voting
in counties ex-
tended to lease-
holders and oc-
cupiers of pre-
mises of certain
value above
charges.
What not to
be deemed
charges,
[19. Right of voting in counties eaſtended to copyholders seised for an
estate of the yearly value of £10.-Repealed by Stat. Law Rev. Act, 1874, as
being superseded by s. 5 of the Act of 1867, p. 62, post.]
20. Every male person of full age, and not subject to any
legal incapacity, who shall be entitled, either as lessee or as-
signee, to any lands or tenements, whether of freehold or of any
other tenure whatever, for the uneaſpired residue, whatever it may be,
of any term originally created for a period of not less than siaty
gears (whether determinable on a life or lives, or not), of the clear
Ayearly value of not less than ten pounds over and above all rents and
charges payable out of or in respect of the same, or for the unex-
pired residue, whatever it may be, of any term originally
created for a period of not less than twenty years (whether
determinable on a life or lives, or not), of the clear yearly value
of not less than fifty pounds over and above all rents and
charges payable out of or in respect of the same, or who shall
occupy as tenant any lands or tenements for which he shall be bonā
fide liable to a yearly rent of not less than fifty pounds, shall be
entitled to vote in the election of a knight or knights of the
shire to serve in any future Parliament for the county, or for
the riding, parts, or division of the county, in which such lands
or tenements shall be respectively situate : Provided always,
that no person, being only a sub-lessee, or the assignee of any
underlease, shall have a right to vote in such election in respect
of any such term of sixty years or twenty years as aforesaid,
unless he shall be in the actual occupation of the premises.
This, which is commonly known as the “Chandos Clause,” gives the
qualification to lessees whether occupying or not, and to the occupying “3:50
rental voter,” mentioned in s. 19 of the Registration Act, 1885, post, Part II.
The words firstly printed in italics are repealed by the Statute Law
Revision Act, 1874, because the £10 qualification thereby given was reduced
to £5 by s. 5 of the Act of 1867, p. 38, which repeats the qualification in the same
words with the exception of the amount; and the words secondly printed in
italics aro repealed by s. 12 and Schod, 2 of the Act of 1884 (except as saved
under s. 10 of that Act), because the £50 qualification thereby given is
reduced to £10 by s. 5 of the Act of 1884, p. 62.
Entitled to Umea.pired Residue.] It is not enough to bo equitably entitled :
Gainsford v. Freeman, L. T. 1 C. P. 129; 35 L. J. C. P. 92.
Occupy as Tenant.] Committee of a lunatic's estate held not to be within
these words in Burton v. Langham, 5 C. B. 92.
Yearly Itent.] . This means a single rent, and rents of premises held under
different landlords cannot be added together to make up the required amount:
Gadsby v. Barrow, 8 Scott, N.S. 797; 7 M. & G. 21.
Full Age.] See 7 & 8 Will. 3, c. 25, ante, and s. 3 of the Act of 1867, post.
Legal Incapacity.]_See note to S. 8 of the Act of 1867, p. 36, and s. 7
of the Ballot Act, 1872, post, Part W., “The Election.”
21. No public or parliamentary tax, nor any church rate,
county rate, or parochial rate, shall be deemed to be any dis-
charge payable out of or in respect of any lands or tenements
within the meaning of this Act.
This section in effect appears to repeat 18 Geo. 2, c. 18, s. 6, ante, but
that section has been left unrepealed.
REFORM ACT, 1832, SEC, 24–No Cousty Vote. IN BoRough.
15
22. In order to entitle any person to vote in any election of a
knight of the shire or other member to serve in any future
Parliament, in respect of any messuages, lands, or tenements,
whether freehold or otherwise, it shall not be necessary that the
same shall be assessed to the land tax ; any statute to the
contrary notwithstanding.
The statutes to the contrary herein referred to are the now repealed s. 3
of 18 Geo. 2, c. 18, ante, and S. 1 of 20 Geo. 3, c. 17.
23. No person shall be allowed to have any vote in the
election of a knight or knights of the shire for or by reason of
any trust estate or mortgage, unless such trustee or mortgagee
be in actual possession or receipt of the rents and profits of the
same estate, but that the mortgagor or cestui que trust in
possession shall and may vote for the same estate notwithstand-
ing such mortgage or trust.
This section repeats, but applies to counties alone, the provisions of 7 & 8
Will. 3, c. 25, s. 6, ante, repealed by the Statute Law Revision Act, 1867.
The Section is applied to boroughs by the amending s. 74 of the Parlia-
mentary Registration Act, 1843, which see and note, p. 30, post.
24. Notwithstanding anything hereinbefore contained no
person shall be entitled to vote in the election of a knight or
knights of the shire to serve in any future Parliament in respect
of his estate or interest as a freeholder in any house, warehouse,
counting-house, shop, or other building occupied by himself, or
in any land occupied by himself together with any house,
warehouse, counting-house, shop, or other building, such house,
warehouse, counting-house, shop, or other building being, either
separately, or jointly with the land so occupied therewith, of
such value as would, according to the provisions hereinafter
contained, confer on him the right of voting for any city or
borough, whether he shall or shall not have actually acquired
the right to vote for such city or borough in respect thereof.
The provisions of this and the next scetion are repeated by s. 6 of the Act
of 1884 in reference to the qualification thereby created.
The provisions hereinafter contained.] These provisions are those of s. 27,
post, and by the important s. 59 of the Act of 1867, p. 45, they also include in
this and the next section the provisions of that Act conferring rights to vote,
59 that a person possessing the dwelling-house qualification under s. 3 of
that Act is not thereby entitled to a county vote, and loses the county quali-
fication which he thereby possessed before the passing of that Act. Chorlton
V. Johnson, Bunting's Case, L. R. 4 C. P. 426 ; 38 L. J. C. P. 37, decided on
S. 25, but applicable to this section also.
The owner and occupier of a county qualification within a borough does
}ºt lºse it by the fact of occupying, separately, house within the borough:
Cºpell v. Aston Overseers, 8 C. B.T. The law therefore of this section is that the
Sºme tenement cannot confer both qualifications, that if there be one tenement
ſhe county qualification is displaced by the borough qualification, the holder
*Wing no power to elect, but that two tenements separately occupied may
"onfer the two qualifications. In Beswick v. Alker, L. R. 8 C. P. 265; 42
II, J. C. P. 26 ; 27 L. T. 422 ; 21 W. R. 72; 2 H. & C. 36, it was held that pew-
*nts were severable from a parsonage house, which conferred the borough
‘ſºlification, so as to entitle the parson to a separate county vote in respect
of the pow rents.
2 Will. 4, c. 45,
s. 22.
County voters
need not be
assessed to the
land tax.
Trustees and
mortgagees.
No person to
vote for a
county in re-
spect of any
freehold house,
&c., occupied
by himself,
which would
confer a vote
for a borough.
16
PART I.—QUALIFICATION OF ELECTORS.
2 Will. 4, c. 45,
s. 25.
No county vote
in borough.
No person to
vote for a
county in re-
spect of certain
copyholds and
leaseholds in a
borough.
Possession ſor
a certain time,
and registra-
tion, essential
to the right of
voting for a
county,
* Now 15th,
f s. 20.
Exception in
cases of pro-
perty coming
by descent, &c.
25. Notwithstanding anything heroinboforo contained no
person shall be on titled to vote in the election of a knight or
knights of tho shire to Sorve in any future Parliament in respect
of his estate or intorest as a copyholder or customary tenant, or
tenant in ancient domesne, holding by copy of court roll, or as
such lessee or assignee, or as such tonant and occupier as afore-
said, in any house, warehouse, counting-house, shop, or other
buildings, or in any land occupied together with a house, ware-
house, counting-house, shop, or other building, such house,
warehouse, counting-house, shop, or other building being, either
separately, or jointly with the land so occupied there with, of
such value as would according to the provisions hereinafter con-
tained confor on him or on any other person the right of voting
for any city or borough, whether ho or any other person shall or
shall not have actually acquired tho right to vote for such city
or borough in respect thereof.
The provisions hereinafter contained.] IFor the application of these words
by B. 59 of the Act of 1867 to the rights to voto under that Act, see note to
last section.
On him or any other person.] The words “ or any other person” do not
occur in the last section, so that this 80ction is more restrictive.
Where several houses are held, the holder does not loso the county vote in
respect of those which are below the £10 value, by reason that one of them
is up to the £10 value, Webb v. Aston Overseers, 5 M. & G. 14; 13 L. J. C. P. 90;
but it was held before tho Act of 1878, that if one house bo let out to several
tenants, onch paying less than £10, thero is one holding, and the county vote
is lost. I’rocloy v. Annison, 29 I. J. C. P. 90; 7 (). D. (N.S.) 48; and s. 5
of the Act of 1878, p. 55, does not appear to alter the law; but see a contrary
opinion as to this: Davis on IRogistration, p. 16.
26. Notwithstanding anything hereinbefore contained no
person shall bo entitled to vote in the election of a knight or
knights of the shire to serve in any future Parliament unless
he shall have been duly registered according to the provisions
hereinafter contained ; and no person shall be so registered in
any year in respect of his estate or interest in any lands or
tenements, as a freeholder, copyholder, customary tenant, or
tonant in ancient demesne, 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 six calendar months at least
next previous to the last" day of July in such year, which said
period of six calendar months shall be sufficient, any statute to
the contrary notwithstanding; and no person shall be so
registered in any year, in respect of any lands or tenements
held by him as such lessee or assignee, or as such occupier and
tenant as aforosaid, unless he shall have been in the actual
possession thereof, or in the receipt of the ronts and profits there-
of for his own use, as the case may require, for twelve calendar
months next previous to the last day of July in such year:
I’rovided always, that where any lands or tenomonts, which
would otherwise entitle the owner, holder, or occupier thereof
to vote in any such election, shall come to any person, at any
time within such respective periods of six or twelve calendar
2 WILL 4, CAP. 45—181ſo RM ACT, 1832.
17
months, by descent, succession, marriage, marriage settlement,
(lovise, or promotion to any benefice in a church, or by promo-
tion to any office, such person shall be entitled in respect
thoroof to have his name inserted as a voter in the election of a
knight or knights of the shire in the lists then next to be made
by virtue of this Act as hereinafter mentioned, and, upon his
being duly registered according to the provisions hereinafter
contained, to vote in such election.
This section reduces to six months prior to registration the twelve months
possession prior to voting required for freeholders by 18 Geo. 2, c. 18, 8.5,
ante, and 19 Geo. 2, c. 28, S. 4, ante.
Last day of July altered to 15th day of July by s. 12 of Act of 1885, p. 71.
Actual possession.] A curious distinction is drawn between possession by
a conveyance of a rent-charge at common law and possCssion by a conveyance
operating undor the Statute of Uses, 27 Hen. 8, c. 10. If the conveyance be
at common law (as to A. to the use of A.) the grantec has not possession until
he has actually received part of the rent: Murray v. Thorviley, 2 C. B. 217;
Webster v. Ashton-wnder-Lyme Overseers, L. R. 8 C. P. 281; 42 L. J. C. P. 38;
27 L. T. 652; 21 W. R. 171; 2 H. & C. 60 : but if it operate by the statute
(as to A. for the use of B.) the person to whose use it is granted has possession
as soon as the grant is executed : Heelis v. Blain, 18 C. B. (N.S.) 90 ;
34 L. J. C. P. 88 ; 11 L. T. 480; 13 W. R. 262 ; Webster v. Ashton-under-Lyme
Overseers, Hadfield's Case, L. R. 8 C. P. 306; 42 L. J. C. P. 146; 28 L. T. 901;
21 W. R. 637; Lowcock v. Broughton Overseers, 12 Q. B. D. 369; 53 L. J.
Q. B. J44 ; 51 L. T. 399; 32 W. R. 247; 1 Colt. 335. In tho latter case A.
conveyed a ront-charge to B., C., and D., to hold unto B., C., and D., to the use
of A., B., C., and D., in equal one-fourth shares as tenants in common.
Duly Registered.] Tho provisions of this Act as to registration were re-
pealed and re-enacted with amendments by the Parliamentary Registration
Act, 1843, 6 Vict. c. 18, post, Part II., “Registration of Eloctors.”
In such year.] As to successive occupation, see s. 73 of the Parliamentary
Registration Act, 1843, post.
27. In every city or borough which shall return a member or
members to serve in any future Parliament, every male person of full
(uſe, and not subject to any legal incapacity, who shall occupy, within
such city or borough, or within any place sharing in the election for
such city or borough, as owner or tenant, any house, warehouse,
counting-house, shop, or other building, being, either separately, or
jointly with any land within such city, borough, or place occupied
therewith by him as owner, or occupied therewith by him as tenant
(under the same landlord, of the clear yearly value of not less than
tell pounds, shall, if duly registered according to the provisions here-
inſiſter contained, be entitled to vote in the election of a member or
Thembers to serve in any future Parliament for such city or borough :
Provided always, that no such person shall be so registered in any
|ear unless he shall have occupied such premises as aforesaid for
"elve calendar months weat previous to the lastº day of July in such
{!", hor unless such person, where such premises are situate in any
parish or township in which there shall be a rate for the relief of the
100", shall have been rated in respect of such premises to all rates
!" the relief of the poor in such parish or township made during the
"" (ſ such his occupation so required as aforesaid, nor unless such
C
2 Will. 4, c. 45,
s. 26.
Qualification
in boroughs of
occupiers of
houses, &c., of
value of £10
if registered.
No registration
of person not
»ated.
* Now 15th.
18
I’ART I.—QUALITICATION OF ELECTORS.
2 Will. 4, c. 45,
s. 27.
£10 occupiers.
* 5th Jan.
f 15th July.
Residence.
person shall have paid, on or before the twentieth day of July in 8wch
gear, all the Poor's Rates and Assessed Tawes which shall have
become payable from him in respect of such premises previously to the
siath day of April” then meat preceding : Provided also, that no such
person shall be so registered in any year unless he shall have resided
for gia, calendar months meat previous to the last day of July in 8wch
gear 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 86ven statute
miles thereof or of any part thereof.
This section is repealed by s. 12, and Sched. 2, Part II., of the Act of 1884,
; but the repeal is accompaniod by two most important qualifications.
first, the section is repoaled “eaccept in so far as relates to the rights of
person saved ” by that Act, i.e. by s. 10; and secondly, it is repoalod “eſcoept
in so far ” as it contains “conditions mado 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 soction 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 deſinos the qualification, e.g. the require-
ment of tenancy, which the “service franchise” under s. 3 of the Act of
1884 dispenses with, is displaced.
I'ull age, &c.] See s. 3 of tho Act of 1867, and notes, post.
A8 Tenant.] These words oxcluded 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; Joa, v. Dalby, I. It. 10 C. P. 285; but
the establishment of the “service franchise” by s. 3 of the Act of 1884 does
away with this distinction.
IIouse, warehouse, &c.] Those words, by s. 5 of the Parliamentary and
Municipal logistration Act, 1878, 41 Wict. c. 26, p. 55, include part of a house,
warehouse, &c. I’rior to that Act much diſficulty 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 sovered from the rest : Cook
v. Iſumber, II (). Ił. (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 tonement,” which
by s. 11 of that Act includes “any part of a house separately occupied for
the purpose of any trade, business, or profossion.”
“Ibuilding” 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 (). I}. (N.S.) 168. The building must be of some permanence and
value, but if held with land, though the value bo trifling, it is sufficient to
qualify, if it adds to the bond ſide value of the whole: Norrish v. IIarris, L. T.
I C, P, 155; 35 L. J. C. P. 101. A counting-house need not be structurally
sovered from the house of which it forms a part: Piercy v. Macleam, I. R.
5 C. P. 252; 39 L. J. C. P. 115; 21 I, T, 213; 18 W. R. 132; 1 II. & C. 371.
Jointly with any land; tenant under the same landlord.] A question of
some difficulty arises whether oither of these expressions is a definition of tho
qualification, or whether it imposes a “condition ” within the meaning of s. 5
of the Act of 1884. Tho deſinitions (see supra) appear to be repealed by
S. 12 of the Act of 1884, while the conditions are expressly and clearly kept
up by that Hection. 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
2 WILL 4. CAP. 45–REFORM ACT, 1832.
19
by s. 12 of the Act of 1884, so that qualifications, not properly forming one
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 Dew-
hurst v. Fieldem, 7 M. & G. 182. -
Duly registered.] See the Acts as to registration, Superseding the pro-
visions 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: Iſoa, v. Davies, 6 C. B. 11,
Assessed taayes...] Assessed taxes are such taxes as vary in amount in pro-
portion 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, how-
over, it is specially provided by s. 184 of 5 & 6 Wict. 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
I’arliamentary and Municipal Registration Act, 1878, post.
Siwth 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 bond ſide intention on his part to return : Whitehorn v. Thomas, 7 M. & G. I.
A clergyman who exchanges duties and residences with another clergyman
breaks his residence: Ford v. I’ye, L. R. 9. C. P. 269; 43 L. J. C. P. 21;
29 11. 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 O. B. (N.S.) 72; 33 L. J. C. P. 69.
The relaxation under 41 Vict. c. 3 (p. 54, post), applies to s. 3 of the Act
of 1867 only.
Wilhin 8even miles.] As to measurement of distance, see s. 76 of the
Parliamentary Registration Act, 1843, 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.
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
lyremises occupied in immediate succession by such person
during the twelve calendar months mext 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 f then next preceding have become payable from him in
respect of all such premises so occupied by him in succession.
“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
borough, or in any place sharing in the election therewith,
shall bo jointly occupied by more persons than one as owners
or tenants, each of such joint occupiers shall, subject to the
2 Will. 4, c. 45,
s. 27.
Premises oc-
cupied in suc-
cession.
* Now 15th.
f Now 5th
January.
Joint occu-
piers.
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2 WILL 4, (JAP. 45–REFORM ACT, 1832–1818ERVED 1810 IITs.
21
to vote in the election of a member or members to serve in all
future I’arliaments for such city or town, provided he shall be
duly registered according to the provisions hereinafter con-
tained; 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
benefico in a church, or to any office), nor unless he shall have
resided for six calendar months next previous to the last f day
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 hereinbefore 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 hereinbefore 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.
“I last’” altered to ſifteenth day of July by s. 7 of the Parliamentary and
Municipal IRegistration 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, (tºute.
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 deomod 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. I'very 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
shall be so registered in any year, unless he shall, on the last f
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,
2 Will. 4, c. 45,
S. 31.
-*-
* Nov 15th.
Residence.
+ Now 15th.
To extend to
freeholds
within the new
boundaries.
Freemen not
to vote in
boroughs, un-
less resident,
&c.
† Now 15th.
Č,
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2 WILL 4, CAP. 45—REFORM ACT, 1832—TESERVED RIGHTS.
23
An officer in the army, serving with his regiment, who when he obtained
leave of absence lived in his mother's house in apartments reserved for his
use, and had no other home, was held to be subject to the will and pleasure
of the Crown as to residence, and therefore not capable of acquiring a con-
structive residence so as to be qualified under this section : IFord v. Hart,
L. R. 9 C. P. 273; 43 L. J. C. P. 24; 29 L. T. 685; 22 W. R. 159; 2 H. & C.
[67.
33. No person shall be entitled to vote in the election of a
member or members to serve in any future Parliament for any
city or borough, save and except in respect of some right con-
ferred by this Act, or as a burgess or freeman, or as a freeman
and liveryman, or, in the case of a city or town being a county
of itself, as a freeholder or burgage tenant, as hereinbefore
mentioned : Provided always, that every person now having a
right to vote in the election for any city or borough (except
those enumerated in the said Schedule (A.) in virtue of any
other qualification than as a burgess or freeman, or as a freeman
and liveryman, or, in the case of a city or town being a county
of itself, as a freeholder or burgage tenant, as hereinbefore
mentioned, shall retain such right of voting so long as he shall
be qualified as an elector according to the usages and customs
of such city or borough or any law now in force, and such
person shall be entitled to vote in the election of a member or
members to serve in any future Parliament for such city or
borough, if duly registered according to the provisions herein-
after contained; but that no such person shall be so registered
in any year unless he shall, on the last day of July in such
year, be qualified as such elector, in such manner as would
entitle him then to vote if such day were the day of election
and this Act had not been passed, nor unless such person, where
his qualification shall be in any city or borough, 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 such
person, where his qualification shall be within any place sharing
in the election for any city or borough, 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,
9r within seven statute miles of the place mentioned in con-
junction 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 nevertheless, that every such person
shall for ever cease to enjoy such right of voting for any such city or
borough as aforesaid if his name shall have been omitted for two
ºuccessive years from the register of such voters for such city or
borough hereinafter directed to be made, unless he shall have been so
ºmitted in consequence of his having received parochial relief within
twelve calendar months meat previous to the last day of July in any
!/º, or ºn consequence of his absence on the naval or military service
of his Majesty.
2 Will. 4, c. 45,
ss. 32, 33.
Reservation of
other rights of
voting in
boroughs.
Residence, &c.,
required.
24.
PA IRT I.--QUALITICATION OF I.LICTORS,
2 Will. 4, c. 45,
s. 33.
Jºeserved
Jęights.
Provision as to
persons now
entitled to vote
for New Shore-
ham,Cricklade,
Aylesbury, or
last l'etford
in respect of
freeholds.
* : ***** - + -------.' -- wº... . . . . ...- ...— ... -- . -------
I'very person now having a right.] Tho “now ’’ is the 7th of June, 1832,
the date of the passing of the Act, so that as the porºons whose righth aro
Haved must havo boon at least twenty-one years of ago thon, very ſow would
bo living now (1885).
The said Schedule A.] Schedulo A. (p. 249), contained the boroughs which,
by virtuo of this Act, ceased to return members.
Any law now in force..] Soo as to potwallors, &c., 26 Geo. 3, c. 100, p. 9, ante,
The last proviso of this Soction is repealod by the Statuto Law IRovision
Act, 1874, as having boon rondorod uunecessary by H. 78 of tho Act of 1843,
Johl. The qualification under this section must be retained continuously, or
it is lost: Jeffrey v. Rilchener, 7 M. & G. 99; but it is not lost by more non-
payment of rates : II icles v. I'ield, 4 O. 13. 63.
Shall have resided.] Seo HR, 31 and 32, and notes, supra.
No qualification by occupation as ownor or tonant boing expressly required
by this 80ction, it has been held that any actual roHidenco is sufficient, and
that a man who had for two months lived with his wife and child in a room
in a cottago allotted to the wife's mothor by tho trustees of a charity, the rules
of which prohibited the inmates from taking in strangers, did not brouk his
residence: 13eal v. I'ord, 3 (). P. D. 73; 47 L. J. C. 12. 56; 37 L. T. 408;
2 II, & (). 374.
34. And boit onacted, That overy porson now having a right
to vote for the loorough of Now Shoreham, or of Cricklade,
Aylesbury, or Tºast Retford respectively, in respect of any free-
hold, whorosoover the same may be situate, shall retain such right
of voting, subject always to the same provisions as are herein-
before montioned with regard to porsons whose right of voting
for any borough is saved and resorved by this Act, save and
except that such persons now having a right to vote for the
borough of New Shoreham, or of Cricklade, Aylesbury, or Iºast
Iłetford rospoctively, shall not be registored in any year unless
they shall have resided for six calendar months next provious
to the last day of July in such year within the borough of
Now Shoreham, or of Cricklade, Aylesbury, or Iºast Retford
respectively, as doſimod by this Act, or within Seven statute
miles of such rospective borough or of any part thoreof; and
that for the purpose of the registration hereinafter required all
persons now having a right to vote for the borough of New
Shoreham in respect of any freeholds which may be situate in
the lorough of Iſorsham, or for the borough of Cricklade in
respect of any freeholds which may be situate in the borough
of Malmsbury, as such boroughs of TIorsham or Malmsbury
may respoctively be defined by the Act to be passed for that
purpose as heroinboforo montioned, shall be inserted in the list
of votors heroinaſtor directod to bo made by the overseers of
that parish or township within the borough of New Shoreham
or the borough of Cricklade rospectively, as defined by this Act,
which shall bo noxt adjoining to the parish or township in
which such freeholds shall respectively be situato; and if the
parish or township in which any such froeholds shall be situate
shall adjoin two or more parishes or townships within either of
tho said boroughs of Now Shoreham or Cricklade, the persons
so having a right to vote in rospect of such freeholds shall be
2 WILL 4, CAP. 45–-REFORM ACT, 1832.
25
insorted in the list of voters to be made by the overseers of the
least populous of such adjoining parishes or townships, according
to the last census for the time boing.
35. I’rovided novertheless, and be it onacted, That notwith-
standing any thing hereinbefore contained no person shall be
entitled to vote in the cloction of a member or members to
serve in any futuro Parliament for any city or borough (other
than a city or town being a county of itself, in the election for
which freeholders or burgage tenants have a right to vote as
heroinbefore mentioned), in respect of any ostate or interest in
any burgago tonomont or freehold which shall have been
acquired by such person since the first day of March one
thousand eight hundred and thirty-one, unless the same shall
have come to or boen acquired by such person, since that day,
and previously to the passing of this Act, by descent, succession,
marriage, marriage settlomont, deviso, or promotion to any
benefice in a church, or by promotion to any office.
36. No porson shall be entitled to be registored in any year
as a votor in the election of a member or members to serve in
any future l’arliament for any city or borough who shall within
twelvo calendar months noxt previous to the last" day of July
in such year have recoivod parochial relief or other alms which
by the law of I’arliament now disqualify from voting in the
election of members to serve in T’arliament.
This section is oxtended to counties by S. 40 of tho Act of 1867, p. 43, post.
For statutory obligation on overscors to omit from lists persons disqualiſied
by relioſ, sco S. 40 of the Act of 1867, and for directions in procopt accordingly,
Seo Iłogistration Act, 1885, Scheſ. 3, pars. 16 and 29, p. 213 (repeating similar
pars. 16 and 31 as to counties in Schod. 2, p. 183), and for power of any person
registered as a voter to require information as to such persons, sco S. 16 of that
Act, p. 175. For supply of list of such persons by relieving officer to overseers
in parliamentary boroughs, Soo S. 12 of Parliamentary and Municipal Regis-
tration Act, 1878, and for penalty on overseers inserting mannes of persons not
qualified, Hoe B. 51 of T’arliamentary Iłogistration Act, 1843, p. 101. The
rovising barrister has no power to expungo the names under s. 28, subs. 7 of
that Act: Iſayward v. Scott, 5 C. P. D. 231; and cannot oxpunge them
unless thoy havo boon objected to.
lºglioſ by vaccination (30 & 31 Vict. c. 84, s. 26, p. 34), or from School
Board fees (39 & 40 Vict. c. 79, s. 10, p. 54), or in the metropolis by admission
into a hospital on the ground of infectious disease (46 & 47 Vict. c. 35, s. 7,
p. 57) is no disqualification.
If porsons disqualiſiod by relioſ are once put on the register, their votes can-
º Struck off on a scrutiny: Stowe v. Jolliffe, L. R. 9 C. P. 734, and p. 436,
1908t.
liſtst day of July.] This is altered to 15th day of July by s. 7 of the Parlia-
\mentary and Municipal IRogistration Act as to boroughs, and as to counties
by H. 12 of the Registration Act, 1885.
. Iteliºſ to Jamily.] It is enacted, though without any oxpress reference to
disqualification fºr franchises, and porhaps with referenco to the law of settlo-
mont, and romoval only, by s. 56 of the l’oor Law Amendment Act, 1834,
4 & 5 Will, 4, c. 76, that—
... All relief given to or on account of the wife, or to or on account of any
“hild or children undor the ago of sixtoon, no!, boing blind or deaſ or dumb,
2 Will. 4, c. 45,
88. 35, 36.
Exclusion of
certain rights
of voting in
boroughs
acquired since
the 1st of
March 1831.
Disqualifica-
tion by paro-
chial relieſ.
* Now 15th.
2(;
PART I.--QUALII"ICATION OF ELIECTORS.
2 Will. 4, c. 45,
s. 36.
Disqualifica-
lion by patro-
chial relief.
* * *** *** * * * * * ******s-º-º-º-º-º-º-º:
shall be considorod as given to the husband of such wife, or to tho father of
Buch child or children, as the case may be.”
. Both beforo and aſtor this enactment both olection committoos and election
judges appoar to havo actod upon tho principle of it, and treated relief to a
man's family as disqualifying relief to himself: Heywood, 272, citing The
(Aloucestershire Cabe ; The IBowdley Case, I O’M. & H. 176, per Blackburn, J.,
The l’elerºſield Oase, 2 O’M. & II. 96, per Mollor, J.; in which cases the wife
appears to have actod as agent of the husband to procure the relief.
, ſºccuse for Poverty.] IScing excused on tho ground of poverty under 54
Geo. 3, c. 170, H. 11, from paying a poor rate is no disqualification: Masliter
V. Dunn, 6 (). Ił. 30; nor is the contribution, by agreement with guardians,
towards a father's maintenance: Trotter v. Trevor, 32 L. J. O. P. 59; 13 O. B.
(N.S.) 48; K. & G. 531; 7 L. T. 768.
Iteliºſ to Children born before Marriage.] Iły s. 57 of 4 & 5 Will. 4, c. 76,
it is enacted that—
“lºvery man who shall marry a woman having a clild or children at tho
timo of Huch marriage, whether such claildren be legitimate or illegitimate,
shall bo liablo to maintain such child or children as a part of his own
family, and Bhall bo chargeablo wiſh all relief, or the cost prico thercoſ,
gruntod to or on account of Huch child or children until such child or
children Bhall respectively attain the ago of sixteen, or until tho donth of
tho mothor of such child or childron; and such child or children shall,
for the purposes of this Act, bo decmed a part of such husband's family
accordingly.”
Jºelief by way of Loan.] Iły 8, 58 of tho same Act it is enacted that—
“Any relioſ, or the cost prico thereof, which shall be given to or on account
of any poor person above tho ago of twenty-one, or to his wife, or ally part
of his family under tho age of sixteen, and which the said commissioners
[tho Poor Law Commissioners now replaced by the Local Government 130ard]
shall by any rule, order, or regulation, declaro or direct to be given or con-
sidered as given by way of loan, and whether any receipt for such relief or
engagement to repay the same, or the cost prico thereof, or any part thereof,
shall have been given or not by tho person to or on account of whom the
Hamo shall have been so given, shall be considered, and the samo is hereby
declared to bo tº loun to such poor person.”
Relief given by way of loan would soom not to disqualify: see The
Oldham Case, 1 O'Malley and Hardcastle, 161.
Medical Iłelief.] Parochial relief by way of medicine has always been
considered by the common law of Parliament to disqualify. Seo The Bowdley
Case and The J’otersfield Case, supra; and soo also The Colchester Case,
1 Peckwell, 508, in which attendance, at the request of tho voter, upon a wife
lying-in was held to disqualify. But in The Colchester Case, The Cricklade
(age, 2 Ludors, 364, and The Cirencester Case, 2 I'raser, 458, it was hold
that medical relief given in cylraordinary cases, as on occasion of accident,
in The Colchester Case, and on occasion of small-pox, in The Cricklade Cage
and The (ſirencesler ('ase, did not disqualify.
13y the Medical Relief Disqualification Removal Act, 1885, howevor
(p. 73, post), it is enacted that medical relioſ shall no longer disqualify.
Other Alms.] Tho alms, to disqualify, need not be parochial or distributed
by the overseers or othor parochial authorities: IIarrison v. Carter, 2 C. P. D.
26; 46 L. J. C. P. 57; 33 L. T. 511; 26 W. R. 182; 2 H. & C. 324. If
iho fund bo ono in which the party is legally ontitled to participate, he is
not disqualified: Smith v. Iſale, 15 (). IX. (N.S.) 485; 38 I., J. C. P. 59;
but iſ iſ be a fund distributable by trustees at discretion, and his indigence is
his only claim ſhoreto, ho is: IIarrison v. Carter, supra. It is only disquali-
fication by parochinl relief, and not disqualification by the “other alms,”
thuſ comes within the cognizance of the overseers under tho terms of S. 40
of the Act of 1867, and similar enactments referred ſo above,
2 WILL 4, CAP. 45—I'EFORM ACT, 1832—PAROCHIAL I&ELIEF.
27
Ilaw of Parliament.] This means tho law as laid down by election com-
mittees prior to 1832. What that law is, it is difficult to discover. The
decisions have been so conflicting that it is not easy to extract a principle
from thom further than this, that votors were not disqualiſiod by the receipt
of alms unloss thoy wore in a state of complete indigence and dependence,
and that they were disqualiſicol if they were in that condition: Harrison v.
Carter, per Lord Coloridge, C.J., 5 C. P. D., at p. 36.
[37-57. Preparalion by overseers of lists of persons entitled to vote. Ile-
vision of list8 by revising barrister.—ltepealed and Superseded by the Parlia-
montary Itegistration Act, 1843 (p. 74, post). See S. 1 of that Act.]
[58. Inquiry at election as to identity of voter.—Repealed by s. 80 of the
I’arliamontury Iłogistration Act, 1843, and superseded by S. 81, et seq., of
that Act.]
[59, 60. I’ersons eacluded from the register by the barrister may tender
their votes at elections. Tender to be recorded. Correctness of the register to
be questionable before a Committee of the House of Commons.—Repealed by
Ballot Act, 1872.]
61-74. For such of these sections as are still unrepealed, see Part W.,
“The Election,” post.]
75. All laws, statutes, and usages now in force respecting
the election of members to serve in Parliament for that part of
the United Kingdom called England and Wales shall be and
remain, and aro hereby declared to be and remain, in full force,
and shall apply to the election of members to serve in Parliament
for all the counties, ridings, parts, and divisions of counties,
cities and boroughs, hereby empowered to return members, as
fully and effectually as if the same respectively had heretofore
returned members, except so far as any of the Said laws, statutes,
or usages are repealed or altored by this Act, or aro inconsistent
with the provisions thereof.
[76, 77. See Part V., post.]
78. Provided always, and be it enacted, That nothing in this Act
contained shall eatend to or in anywise affect the election of members
to serve in Parliament for the Universities of Oaford or Cambridge,
or shall entitle any person to vote in the election of members to serve
in Parliament for the city of Oaford or town of Cambridge in
"espect of the occupation of any chambers or premises in any of the
colleges or halls of the Universities of Oaford or Cambridge.
This Roction is repealed by s. 15 of the IRegistration Act, 1885. See that
Soction and note, p. 71, post. -
79. And be it enacted, That throughout this Act, wherever
the words “City or Borough,” “Cities or Boroughs,” may occur,
thºse words shall be construed to include, except thero be some-
thing in the subject or context manifostly repugnant to such
Ҽnstruction, all towns corporate, cinque ports, districts, or
places within England and Wales which shall be entitled after
this Act shall have passed to return a member or members to
*Vo in Parliament, other than counties at large, and ridings,
2 Will. 4, c. 45,
s. 36
-- ---
All election
laws to remain
in force except
where super-
seded by this
Act.
Act not to ca:-
tend to Univer-
sities of Oxford
and Cambridge.
Meaning of
“City or Bo-
rough.”
28
DART I.-QUALITICATION OF ELECTORS.
2 Will. 4, c. 45,
8, 79.
2 & 3 Wict.
c. 71,
No magistrate
or officer of
Metropolitan
Police to vote.
2 & 3 Vict,
c. 93.
County con-
stables dis-
qualiſied from
voting.
parts, and divisions of counties at large, and shall also include
the town of Berwick-upon-Tweed.
[For the remainder of this section containing definitions of “Jºeturning
Officer,” “Parish or Township,” “Overseers and Justices,” see [?art W., post.
2 & 3 Vict. c. 71.
3. And be it enacted, That mome of the 8aid magistrates, clerks,
wshers, door-keepers, or messengers appointed by virtue of this Act
shall, during the time that he shall continue in his office respectively,
or within sia, months after he shall have quitted the same, be capable of
giving his vote for the election of a member to serve in Parliament for
the counties of Middlesea; or Surrey, or for the city of London, or for
the city and liberty of Westminster, the borough of the Tower Hamlets,
the borough of I'insbury, the borough of Mary-le-bone, in the county
of Middlesea, or for the borough of Southwark or the borough of
Lambeth in the county of Surrey, or the borough of Greenwich in the
county of Kent respectively ; mor shall he by word, message, writing,
or in any other manner endeavour to persuade any elector to give or
to dissuade any elector from giving his vote for the choice of any
person to be a member to 8erve in Parliament for any such county,
city, or borough ; and every such magistrate, clerk, usher, door-keeper,
or messenger offending therein shall forfeit the sum of one hundred
pounds, one moiety thereof to the informer, and the other moiety
thereof to the use of the poor of the parish or place where such offence
shall be committed, to be recovered by any person that shall sue for
the same in any of her Majesty's Courts of Record at Westminster
within the space of one year after such offence committed : Provided
nevertheless, that nothing in this Act contained shall eastend to subject
any such magistrate, clerk, usher, door-keeper, or messenger to any
penalty for any act done by him at or concerning any of the said
elections in the discharge of his duty.
Metropolitan Police Act.
This soction, but this section only, is repealed by 37 & 38 Vict. c. 22
(p. 54, post), but the similar and more extensive 10 Goo. 4, c. 44, 8, 18 (p. 12,
ante), remains unrepealed, as also does 2 & 3 Vict. c. Xciv., S. 7, relating to the
city of London Police.
--~~~~---------...-, - .
2 & 3 Vict. c. 93. An Act for the establishment of County
and 1)istrict Constables by the authority of Justices of
the Peace. [27th August, 1839.
9. And be it enacted, That no chief constable or other constable
appointed by virtue of this Act shall, during the time he shall
continue to be such constable, or within six calendar months
aftor he shall have ceased to be such constable, be capable of
giving his vote for the election of a member to serve in Parliament
2 & 3 WICT. (JAP. 93–DISQUALIFICATION OF CONSTABLEs.
29
for the county of which he is so appointed, or for any county ad-
joining thereunto, or for any city or borough within any of the
said counties; nor shall any such constable, by word, message,
writing, or in any other manner, endeavour to persuade any elector
to give, or dissuade any elector from giving, his vote for the
choice of any person to be a member to serve in Parliament for
any such county, city, or borough ; and if any such constable shall
offend therein he shall forfeit the sum of twenty pounds, to be
recovered by any person who will Sue for the same by action of
debt, to be commenced within six calendar months after the
commission of the offence ; and one moiety of the sum so reco-
vered shall be paid to the informer, and the other moiety
thereof to the treasurer of the county, to be by him applied for
the purposes of the police under this Act : Provided always, that
nothing in this enactment contained shall subject any constable
to any penalty for any act done by him at or concerning any of
the said elections in the discharge of his duty.
For disqualification of borough constables, see 19 & 20 Vict. c. 69, s. 9,
1908t.
5 & 6 Vict. c. 35. Property Tax Act, 1842.
184. No neglect or omission to pay, within any limited period,
the duties assessed under the authority of this Act in respect
of any house or other building shall prevent any person from
being admitted or retained on the register or list of persons
entitled to vote in the election of a member or members to serve
in Parliament for any city or borough, or from voting at any
such election.
Tor disqualification by non-payment of assessed taxes generally, to which
this section creates an exception, see s. 27 of the Reform Act, 1832, ante. The
disqualification attaches only in the case of the £10 residential franchise
established by that section.
6 Vict. c. 18. Parliamentary Registration Act, 1843.
[lºor sections of this Act as to registration, see post, Part II., “IRegistration
of Electors,” and for Soctions as to personation, see post, Part V., “The
Llection.”]
73. And whereas by the said first-recited Act it is enacted,
that “every male person of full age, and not subject to any
legal incapacity, who shall occupy as tenant any lands or tene-
ment for which he shall be bond fide liable to a yearly rent of
not less than fifty pounds, shall be entitled to vote in the elec-
tion of a knight or knights of the shire to serve in any future
Parliament for the county, or for the riding, parts or division of
a County in which such lands or tenements shall be respectively
Situate : ” And whereas it is also thereby enacted, that “mo
borson shall be so registered in any year in respect of any lands
2 & 3 Vict.
c. 93.
Penalty.
Non-payment
of property
tax no dis-
qualification.
6 Vict, c. 18.
Right of voting
in counties by
occupiers of not
less than £50.
3()
PART I.—QUALIFICATION OF I.I.ECTORS.
6 Vict. c. 18,
S. 73.
Stuccessive
occupation of
fifty pounds
rental voter in
counties.
* Now 15th.
Joint
occupation,
Trust, and
mortgago
estates.
f p. 15.
ſ p. 16.
and tonomonth held by him as such occupier and tenant as
aforesaid unloss he shall have boon in the actual possession
thereof for twelve calendar months noxt previous to the last
day of July in such year:” T3e it declared and enacted, That
the lands and tonomonts in rospect of the occupation of which
at a yearly rent of not loss than fifty pounds any person shall
be so entitled to be registered in any year, and to vote in the
olection of a knight or knights of the shiro as aforesaid, shall
not be required to be the same lands and tonoments, but may be
different lands and tenoments, rented and occupied as aforesaid
in immediate succession by Huch porson during the twelve
calondar months next provious to the last “ day of July in such
year; and that whore any such lands and tonements shall be
jointly rented and occupied by moro porSons than ono, each of
such joint occupiers shall bo entitled to be registored and vote .
in Buch olection as last aforesaid in respect of the lands and
tonomonts so jointly rented and occupied, in case the yearly rent
for which they shall be bond ſide liable in rospect of such lands
and tonomonth shall be of an amount which, when divided by
the number of such occupiers, shall give a bond ſide rent of not
loss than fifty pounds for each and overy such occupier, but not
otherwise.
“Tho said first rocitod Act” is tho Roform Act, 1832, and the sections
heroin reſorrod to aro HS. 20 and 26. Tho object and offoct of this section
is to assimilato successive and joint occupation rights for counties to those
conſorrod by H.H. 28 and 29 of the Reform Act, 1832, for boroughs.
“I last day of July’’ ultored to 15th day of July by s. 12 of the Registration
Act, 1885, p. 71.
A8 to joint occupation, 800 ſurthor, 8.4, SubR. 2, of the Act of 1884, and
noto, p. 61.
A porkon who occupies as Solo ſonant at a ront of loss than £50, and also
as tomanſ with another at a rent of loss than £50 for oach, is not qualified by
this sociºn though both tonguncios aro under tho sumo landlord and the Rharo
of ho joint tonancy rent added to tho Bolo tenancy rent excoods the £50 :
Smill. v. Iſoremſtºn, 34 L. J. C. I’. 93.
74. And whoroas by tho Haid ſirst-rocited Act it is enacted,t
“ that no person shall bo allowed to have any vote in the election
of a knight or knights of the shire, ſor or by reason of any
trust estate or mortgage, unless such trustee or mortgageo be
in actual poRHoHsion or receipt of tho rents and profits of the
same ostate, but that the mortgagor or cestui que trust in posses-
sion shall and may vote for the Name, notwithstanding such
mortgage or trust; ”... And whereas it is also thoreby enacted f
“that no perHon Shall be registored in any year in respect of his
estate or intorost in any lands or tonomonts as freeholder, copy-
holdor, customary tonant, or tomant in ancient domesno, unloss
ho shall bo in actual postossion, or in rocoipt of the ronts and
profits thoroof to his own use for six calondar months at least
provious to tho last day of July in such year: ” And whereas
doubts havo arison as to the truo intont and moaning of the
said first-mentioned cnactment in certain cases: 130 it therefore
Rºdistin ATION ACT, 1843, SEC. 73–TRUST AND MoRTGAGE ISTATES.
31
--- *…*
doclared and enacted, That no mortgagee of any lands or tone-
monts shall have any vote in the election of a knight or knights
of the shire, or in the election of a member or members to serve
in any future Parliament for any city or borough in which
frooholders now have a right to vote, for or by reason of any
mortgage estate therein, unless he be in the actual possession or
receipt of the rents and profits thereof, but that the mortgagor
in actual possession or in roceipt of the rents and profits thereof
shall and may vote for the Samo, notwithstanding such mort-
gage; and that no trustee of any lands or tenements shall in
any case have a right to vote in any such election for or by
reason of any trust estate therein, but that the cestui que trust
in actual possession or in the receipt of the rents and profits
thereof, though he may receive the same through the hands of
the trustee, shall and may vote for the same, notwithstanding
such trust.
This section, which applies odually to counties and boroughs, re-enacts
with an amondment part of 7 & 8 Will. 8, c. 25, 8, 6 (p. 4, ante), which also
applied equally to counties and boroughs, and 8.23 of the Itoform Act, 1832,
which applied to boroughs only. The main effoct of the Soction is to take
away from a trustoo in possession the right to voto in any case, and to give
such right to a costui quo trust being in actual or constructive possession.
No mortgagee shall have any vote.] Tho mortgagor cannot acquiro a vote
unless the proporty be worth the qualifying amount, if a qualifying amount
bo required abovo all chargos, including the intorost on the mortgage, be
deducted. Soo Lee v. IIutchinson, 8 O. B. 10, and other cases cited in the
notos to 8 IIen. 6, c. 7, and 8, 18 of tho Act of 1832, ante.
No trustee shall have a right to vote.] Whero land is sold, the wondor is in
law a trustee for the purchasor; but as this section makes actual or construc-
live possession a condition precedent to a costui quo trust acquiring the right to
volo, it has been held that a purchaser, unless he be in possession or in receipt
of rents, does not acquire the right until conveyance oxocuted: Anelay v.
Jewis, 25 I, J. C. P. 121; 17 C. B. 816; and it is submitted that s. 25,
subs. 11 of the Judicaturo Act, 1873, notwithstanding the construction put
upon it by Jessol, M.R., 21 Ch. D. 9, has made no difference in this respect,
though the point cannot be said to bo free from doubt.
Dissenting Ministers.] A dissonting minister appears to bo qualified under
this section by a house which he is pormitted to onjoy during his life and so
long as he shall continuo minister: Burton v. Brooks, 21 L. J. C. P. 7;
11 (). IS. 41; but not if the onjoyment is to bo during his ministry only:
Jollier v. King, 31 L. J. C. P. 80; but questions of this kind are mainly
questions of fact deponding upon the duration of tho appointment of the
ministor, per lùrlo, C.J., ib.
IIospitals.] Inmates of hospitals appear to be qualified under this section
iſ ho lands bo conveyed to trustoes in trust for them : Itoberts v. Percival,
3| L. J. C. P. 84; or the occupation be by user for life : Simpson v. Wilkinson,
7 M. & G. 50; but not, if their sharo of the funds may be variod at
tho discrotion of trustees to an amount insufficient to qualify : Ashmore
W. Lee8, 2 C. B. 31 ; or if they be romovablo at tho discretion of the
trusloos (see Davis v. Waddington, 7 M. & G. 37); or if they receive only a
ſixed payment out of profits: Steele v. Iłosworth, 34 L. J. O. P. 57;
Simey v. Marshall, 11. It. 8 (). I?. 269; 42 I. J. C. l’. 49; 27 L. T. 581;
21 W. R. 123; 2 II. & C. 1; nor ovon, although their appointment bo
for life, unless they have a right to occupy a particular chamber, per
Williams and Byles, J.J., in I’reeman v. Gainsford, 31 L. J. C. P. 33, Seo
6 Vict. c.
s. 74.
18,
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6 VIO'ſ". (JAP. 18.
33
behalf contained ; and it is thereby further provided, neverthe-
less, that every such person shall for ever cease to enjoy such
right of voting for any such city or borough as aforesaid if his
name shall have been omitted from the register of Such voters
under certain circumstances therein and heroinafter specified :
And whereas doubts have arison as to the intent and meaning
of the words the “register of such voters ” in such last-men-
tioned provision: Be it therefore declared and enacted, that
every such person shall for ever cease to enjoy such right of
voting in virtue of any other qualification than as a burgess or
freeman, or as a freeman and liveryman, or as a freeholder or
burgage tenant as aforesaid, if his name shall for two successive
years not have been inserted or appear in the register of voters
for such city or borough in respect of such other qualification
(notwithstanding the name of such person may appear in such
register for both or either of the same two successive years in
respect of Some qualification of a different nature), unless the
name of such person in any such year shall not have been in-
Serted as aforesaid, or have been omitted by reason or in con-
sequence of his having received parochial relief within twelve
calendar months next previous to the last day of July in the
same year, or by reason or in consequence of his absence on the
naval and military service of her Majesty. -
[79. Tºegister to be conclusive evidence of person registered
continuing to have the qualification registered.
Sce this and other sections, post, Part W., “The Election.”]
11 & 12 Vict. c. 90. An Act to regulate the Times of
Payment of Rates and Taxes by Parliamentary Llectors.
- |31st August, 1848.
Whereas it is expedient to make further regulation as to the
bayment of rates and taxes now necessary to be made in order
to qualify persons to be registered as voters in the election of
members of Parliament: Be in enacted, that after the first day
of January one thousand eight hundred and forty-nine no
person shall be required, in order to entitle him to have his
Alame inserted in any list of voters for any city, town, or
borough in England, to have paid any poor's rates or assessed
taxes, except such as shall have become payable from him pre-
viously to the fifth day of January in the same year; and that
no person shall be entitled to be on any such List of Voters,
unless the poor's rates and assessed taxes payable from him
Previously to the fifth day of January shall be paid on or before
the twentieth day of July next following.
º to this Act the time was the 6th April. See Act of 1832, ss. 27 and
§, (t)\te,
6 Vict. c. 18.
11 & 12 Vict.
c. 90.
Time at which
rates and taxes
must be paid to
entitle parties
to be on the
list of voters
for members of
Parliament.
34
PART I.-QUALIFICATION OF ELECTORS.
19 & 20 Vict.
c. 69, s. 9.
Borough con-
stables dis-
qualified from
voting.
30 & 31 Wict.
c. 84.
Vaccination
not parochial
relief, so as to
disqualify.
19 & 20 Vict. c. 69.
9. No head or other constable already appointed or hereafter
to be appointed for any borough, under the said Act of the fifth
and sixth years of King William the Fourth, except special
constables, shall, during the time he continues to be such
constable, or within six calendar months after he has ceased to
be such constable, be capable of giving his vote for the election
of any person to any municipal office in such borough, or for the
election of a member to serve in Parliament for such borough
or any county in or to which such borough is situate, either
wholly or in part, or adjoins, or for any borough within any
such county, nor shall any such constable, by word, message,
writing, or in any other manner, endeavour to persuade any
elector to give, or dissuade any elector from giving, his vote for
the choice of any person to hold any municipal office in such
borough, or to be a member to serve in Parliament for any such
borough or county; and if any such constable shall offend
therein he shall forfeit the sum of ten pounds, to be recovered
in any court of competent jurisdiction, by any person who shall
sue for the same within six months after the commission of the
offence, and one half of the sum recovered shall be paid to the
person suing for the same, and the other half to the Treasurer
of the Borough : Provided always, that nothing herein con-
tained shall subject any constable to any penalty for any act
done by him at or concerning any of the said elections in the
discharge of his duty. -
The said Act of 5 & 6 Will. 4.] The Act referred to is 5 & 6 Will. 4, c. 76,
“The Municipal Corporations Act, 1835,” repealed and superseded by the
consolidating Municipal Corporations Act, 1882, 45 & 46 Vict. c. 50, by s. 242
and Sched. 9, of which “a reference to this Act [the Act of 1882] shall be
deemed to be substituted for a reference to the Municipal Corporations Act,
1835.”
30 & 31 Vict. c. 84. An Act to consolidate and amend
the Laws relating to Vaccination. [12th August, 1867.
26. It is hereby declared, that the vaccination, or the surgical
or medical assistance incident to the vaccination, of any person
in a union or parish, heretofore or hereafter performed or ren-
dered by a public vaccinator, shall not be considered to be
parochial relief, alms, or charitable allowance, to such person or
his parent, 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.
See s. 36 of the Reform Act, 1832, ante, and S. 40 of the Representation
of the People Act, 1867, post.
REPRESENTATION OF THE PEOPLE ACT, 1867.
35
30 & 31 Vict. C. 102.
REPRESENTATION OF THE PEOPLE ACT, 1867.
[For other Sections of this Act still in force, see post, Parts III., IV., and W.]
An Act further to amend the Laws relating to the Repre-
sentation of the People in England and Wales.
[15th August, 1867.
“Whereas it is expedient to amend the laws relating to the
representation of the people in England and Wales: ” BE IT
ENACTED, as follows:–
1. This Act shall be cited for all purposes as “The Represem-
tation of the People Act, 1867.”
2. This Act shall not apply to Scotland or Ireland, nor in
anywise affect the election of members to serve in Parliament
for the Universities of Oxford or Cambridge.
The corresponding Act for Scotland is the Representation of the People
(Scotland) Act, 1868, 31 & 32 Vict. c. 48, and for Ireland, the Representation
of the People (Ireland) Act, 1868, 31 & 32 Vict. c. 49. As to Universities of
Oxford and Cambridge, see further s. 5 of the Registration Act, 1885, and
notes.
PART I.
FRANCHISES.
3. Every man shall, in and after the year one thousand eight
hundred and sixty-eight, be entitled to be registered as a voter,
and, when registered, to vote for a member or members to serve
in Parliament for a borough, who is qualified as follows; that
is to say—
1. Is of full age, and not subject to any legal incapacity;
and
2. Is on the lastº day of July in any year, and has during
the whole of the preceding twelve calendar months been,
an inhabitant occupier, as owner or tenant, of any
dwelling house within the borough ; and
3. Has during the time of such occupation been rated as an
ordinary occupier in respect of the premises so occupied
by him within the borough to all rates (if any) made for
the relief of the poor in respect of such premises; and
4. Has on or before the twentieth day of July in the same
year bond fide paid an equal amount in the pound to that
payable by other ordinary occupiers in respect of all
poor rates that have become payable by him in respect
of the said premises up to the preceding fifth day of
January:
Provided that no man shall under this section be entitled to be
registered as a voter by reason of his being a joint occupier of
any dwelling house. -
This is the section which gives what is commonly called the “household
*nchise” the distinction between the qualification under this º and
D
30 & 31 Vict.
c. 102.
Short title.
Application of
Act.
Dwelling
house quali-
fication in
boroughs.
* Now 15th.
36
PART I.—QUALIFICATION OF ELECTORS.
30 & 31 Wict.
c. 102, s. 3.
Qualification
by dwelling-
house.
that under s. 27 of the Act of 1832, being that under this section the man
must be an inhabitant of a dwelling-house of any value, while under that he
must be only an occupier of a house or building of £10 yearly value.
I'or application to counties, see ss. 2 and 7 of the Act of 1884.
Man.] This does not include woman (Chorlton v. Lings, L. R. 4 C. P. 374;
38 L. J. C. P. 25; 19 L. T. 534; 17 W. R. 284 : 1 H. & C. I.), nor can a
woman appeal from the decision of the revising barrister (Wilson v. Salford,
38 L. J. C. A. 35; 17 W. R. 161) as to a parliamentary vote; but women are
entitled to the municipal franchise under ss. 10 and 63 of the Municipal
Corporations Act, 1882, re-enacting provisions in pari materić of the Muni-
cipal Corporations Act, 1869.
To be registered.] For provisions as to registration, see post, Part II.,
“Registration of Electors.”
IFull age.] He must have been of full age on the 15th of July of the qualifying
year (Hargreaves v. Hopper, 1 C. P. D. 195; 45 L. J. C. P. D. 105; 33 L. T. 530;
24 W. R. 186; decided on s. 6, but equally applicable to this section).
Legal incapacity.] This attaches at common law to women (Chorlton v.
Lings, supra), peers (Earl Beauchamp v. Madresfield, L. R. 8 C. P. 245;
42 L. J. C. P. 32; 27 L. T. 606; 21 W. R. 124), Irish peers (Itendlesham v.
IHaward, L. R. 9 C. P. 252; 43 L. J. C. P. 33), aliens and infants; both at
common law and by statute to aliens (33 Vict. c. 14; p. 51, post), to inſants
(7 & 8 Will. 3, c. 25, s. 7; p. 5, ante), and to felons (33 & 34 Vict. c. 23, s. 2,
p. 52, post); and by statute only to persons having received parochial relief
(Reform Act, 1832, s. 36; p. 25, ante ; S. 40 of this Act, p. 43, post), to
constables (10 Geo. 4, s. 18, ante; 2 & 3 Vict. c. 93, s. 9, ante ; 19 & 20 Vict.
c. 69, S. 9, p. 34, ante), to persons employed for hire at the election (S. 11 of
this Act, p. 40, post), and to persons convicted of corrupt or illegal practices
at parliamentary (C. P. Act, 1883, ss. 6, 10), municipal (C. P. Act, 1884),
p. 58, post, or School Board elections (Education Act, 1870, s. 91, p. 53, post).
Last day of July.] Altered to fifteenth by s. 7 of the Parliamentary and
Municipal Registration Act, 1878, p. 56, post.
The whole of the twelve months.] ... A permission to another person to occupy
the house “as a furnished house” for not more than four months does not
break the occupation (41 Vict. c. 3, p. 54, post).
Inhabitant occupier.] . These words seem to require a continuous residence,
either actual by the party himself or constructive by his family or servants.
Owner.] “Servitors” occupying rent-free houses in connection with an
endowed hospital for their lives were held to occupy as owners in Fryer
v. Bodenham, L. R. 4 C. P. 529; and so were canons occupying houses
in right of their office : Ford v. Harington, L. R. 5 C. P. 282; but “Naval
knights of Windsor’’ were held not so to occupy, because they were subject
to regulations inconsistent with ownership: Durant v. Kennett, L. R. 5
C. P. 262.
Tenant..] . A militia serjeant was held not to occupy as tenant (Fox v. Dalby,
L. R. 10 C. P. 285), but S. 3 of the Act of 1884, p. 60, post, has altered the law
in this respect.
All rates made.] . By S. 17 of 32 & 33 Vict. o. 41, p. 49, post, a rate is made
when it is allowed by the justices, thus getting rid of the difficulties raised in
Jones v. Bubb, L. R. 4 C. P. 468. -
Has paid.] The rates which must have been paid do not include arrears
of rates made before the commencement of the qualifying year. They are
only the rates made after January 5th of the year before the qualifying year,
and payable up to the 5th January of such year: Austin v. Cull, L. R. 7 C.
P. 227; 41 L. J. C. P. 153; 26 L. T. 76; 20 W. R. 863; 1 H. & C. 741. A
rate excused for poverty under 54 Geo. 3, c. 170, s. 11, is not a rate paid:
Abel v. Lee, L. R. 6 C. P. 365.
REPRESENTATION OF THE PEOPLE ACT, 1867—LoDGERs.
37
As to corrupt payment, see S. 49 and note; as to payment by compounding
owner, see s. 7 and note.
Joint occupier.] A person otherwise qualified does not become a joint
occupier and so lose his qualification by letting to a lodger the exclusive use
of a bedroom and the joint use of a sitting-room : Brewer v. McGowen, L. R.
5 C. P. 239; 39 L. J. C. P. 30; 21 L. T. 462; 18 W. R. 167; 1 H. & C. 275.
Dwelling-house, or, by s. 5 of the Parliamentary and Municipal Registration
Act, 1878, p. 56, post, “any part of a house separately occupied as a
dwelling.” See note to that Section.
4. Every man shall, in and after the year one thousand eight
hundred and sixty-eight, be entitled to be registered as a voter,
and, when registered, to vote for a member or members to
serve in Parliament for a borough, who is qualified as follows;
that is to say—
1. Is of full age and not subject to any legal incapacity;
and
2. As a lodger has occupied in the same borough separately
and as sole tenant for the twelve months preceding the
last" day of July in any year the same lodgings, such
lodgings being part of one and the same dwelling house,
and of a clear yearly value, if let unfurnished, of ten
pounds or upwards; and
3. Has resided in such lodgings during the twelve months
immediately preceding the last f day of July, and has
claimed to be registered as a voter at the next ensuing
registration of voters.
As to “man,” “full age,” and “legal incapacity,” sce notes to s. 3, supra.
For the extension of the lodger qualification to counties, see ss. 2 and 7
of the Act of 1884.
As a lodger.] There are four distinctions between the lodger qualification
under this section and the household qualification under the 3rd section.
1. The lodger must claim annually, whereas the householder need only claim,
if he be omitted from the list by the overseers, in his first year. 2. The
lodgings must be of £10 value; whereas the value of the dwelling-house is
immaterial. 3. A man inhabits a dwelling-house by inhabiting a part, how-
ever small, as a house of his own; whereas he inhabits lodgings by inhabiting
a part, however large, of a house subject to the control of a resident landlord.
4. A lodger is not rateable; a householder is.
There is no definition of “ lodger”; but the term appears to mean one who
is not rateable, and who occupies a room or rooms in a dwelling-house over
which the landlord retains some control as master of the house, as by himself
or his agent residing in it : Bradley v. Baylis; Morfee v. Novis; Kirby
v. Bijem, 8 Q. B. D. 195; 51 L. J. Q. B. 183; 46 L. T. 253; 30 W. R. 823 ;
1 Colt. 163, C. A.; and a householder qualified as such by occupying one of
a set of rooms in a house not resided in by the landlord, does not become a
lodger by reason of another room becoming vacant and consequently reverting
to the landlord: Ancketill v. Baylis, 10 Q. B. D. 577, C. A.
Rooms in a college at the University of Cambridge were said not to be
lodgings in Barnes v. Peters, L. R. 4 C. P. 539. See further note to s. 15 of
the Registration Act, 1885, p. 71.
Has occupied as sole tenant.] As to additional and successive and joint
QQQupation, see s. 5 of the Parliamentary and Municipal Registration Act,
1878, p. 55. Joint occupation is not done away with as a qualification by s.4
of the Act of 1884, inasmuch as a lodger cannot be said to * own a tenement”
Within the meaning of that section.
30 & 31 Vict,
c. 102, s. 3.
Lodger fran-
chise for voters
in boroughs.
* Now 15th.
f Now 15th.
38
PART I. QUALIFICATION OF ELECTORS.
30 & 31 Vict,
c. 102, s. 4.
Lodgers,
Property fran-
chise for voters
in counties.
Clear yearly value.] This, as in other cases, will be a question of fact for
the revising barrister. See Coogan v. Luckett, 2 C, B, 182; 15 L. J. C. P.
T 59. w
Has resided.] Sleeping elsewhere for the purpose of business, if the
lodgings have been occupied by the family of the lodger, and if he be not
deprived of the power of returning, is no break of residence: Taylor v.
Rensington Overseers, L. R. 6 C. P. 309; 40 L. J. C. P. 45; 23 L. T. 493;
19 W. R. 100; I H. & C. 421; nor is the keeping up a separate and principal
establishment elsewhere all the year i. : Bond v. St. George, Hanover
Square, Overseers, L. R. 6. C. P. 312; 40 L. J. C. P. 47; 23 L. T. 494; 19
W. R. 101; 1 H. & C. 427.
“To constitute a residence, a party must possess at least a sleeping apart-
ment, but an uninterrupted abiding is not requisite, and absence, no matter
how long, if there be the liberty of returning at any time, and no abandon-
ment of the intention to return whenever it may suit the party's pleasure or
convenience so to do, will not prevent a constructive legal residence.” Such
is the definition of “residence” in the 27th section of the Act of 1832, adopted
by Erle, C.J., from Elliott on Registration, 2nd edition, p. 204, in Powell v.
Guest, 34 L. J. C. P. 69, and applied to the present section by Brett, J., in
Bond's Case, supra. See therefore ss. 27, 31, and 33 of the Act of 1832, and
the cases there cited.
IIa8 claimed.] To have claimed is essential. For form and time of claim,
see Registration Act, 1885, Sched. 2, H., No. 2 (Counties), and Sched. 3, H.,
No. 3 (Boroughs).
The above newly-provided forms of claim differ from the forms heretofore
in use, in assuming that the landlord resides in the lodgings. That he does or
does not reside, though of course not conclusive of a “lodger’’ in contradis-
tinction to a “household" qualification, seems to indicate an intention on the
part of the Legislature that the fact of his residence or not was to be con-
sidered a primary element in considering the question.
5. Every man shall, in and after the year one thousand eight
hundred and sixty-eight, be entitled to be registered as a voter,
and, when registered, to vote for a member or members to serve
in Parliament for a county, who is qualified as follows; that
is to say—
1. Is of full age, and not subject to any legal incapacity; and
Is seised at law or in equity of any lands or tenements
of freehold, copyhold, or any other tenure whatever,
for his own life, or for the life of another, or for any
lives whatsoever, or for any larger estate of the clear
yearly value of not less than five pounds over and
above all rents and charges payable out of or in re-
spect of the same; or
Who is entitled, either as lessee or assignee, to any
lands or tenements of freehold or of any other tenure
whatever for the unexpired residue, whatever it may
be, of any term originally created for a period of not
less than sixty years (whether determinable on a life
or lives or not), of the clear yearly value of not less
than five pounds over and above all rents and charges
payable out of or in respect of the same :
Provided that no person shall be registered as a voter under
this section unless he has complied with the provisions of the
REPRESENTATION OF THE PEOPLE ACT, 1867—Counties.
39
twenty-sixth section” of the Act of the second year of the reign
of his Majesty William the Fourth, chapter forty-five.
As to “full age ’’ and “legal incapacity,” see notes to s. 3, 8vºra.
This section (which the editors have divided into paragraphs, as appears
from the “1,” not followed by any “2,” or “3,” in the Queen’s printers' copy,
to have been originally intended), repeats, with a reduction in value from
£10 to £5, the qualifications given by s. 19 and the first of s. 20 of the Act
of 1832, ante.
Is seized in equity.] If an estate be under a trust for Sale, the qualification
remains so long as it can legally be kept unconverted, but no longer: Spencer
v. Harrison, 5 C. P. D. 97; 49 L. J. C. P. 188.
Any other tenure.] A customary tenure is sufficient: Garbutt v. Trevor,
33 L. J. C. P. 71; 15 C. B. (N.S.) 550.
As lessee.] The party must be lessee of a corporeal hereditament, or
assignee of a lease of such an hereditament; a chattel rent-charge, or a rent-
charge issuing out of leasehold estate, does not qualify : Warburton v. Denton,
L. R. 6 C. P. 267; 40 L. J. C. P. 49; 23 L. T. 129; 19 W. R. 210; I H. & C.
432.
A sub-lessee is included in the term lessee : Chorlton v. Stretford Overseers,
L. R. 7 C. P. 198; 41 L. J. C. P. 37; 20 W. R. 236; I H. & C. 712: but 8emble
per Brett, J., ib., that the proviso of s. 20 of the Act of 1832 must be read in,
and he must be in actual occupation.
Provided that..] The 26th section of the Act of 1832, referred to in this
º makes six months’ possession prior to the last day (altered to 15th
y s. 12 of the Act of 1884) of July, a condition precedent to registration.
30 & 31 Vict.
c. 102, s. 5.
* p. 16.
6. Every man shall, in and after the year one thousand eight hun- “County
dred and sixty-eight, be entitléd to be registered as a voter, and,
Occupation
g * * tº 5, 2
when registered, to vote for a member or members to serve in Parlia- ***.
ment for a county, who is qualified as follows (that is to say):
1. Is of full age, and not subject to any legal incapacity ; and
2. Is on the last day f of July in any year, and has during the flöth.
twelve months immediately preceding been, the occupier, as
owner or tenant, of lands or tenements within the county of
the rateable value of twelve pounds or upwards ; and
3. Has during the time of such occupation been rated in respect to
the premises so occupied by him to all rates (if any) made for
the relief of the poor in respect of the said premises; and
4. Has on or before the twentieth day of July in the same year
paid all poor rates that have become payable by him in respect
of the said premises up to the preceding fifth day of January.
This section, similarly to s. 27 of the Act of 1832, is repealed by s. 12 and
Sched. 2, Part II., of the Act of 1884 (p. 67, post), the reason for the repeal
being that s. 5 of that Act substitutes a £10 occupation county franchise for
the £12 county occupation franchise given by this. The repeal, however, is
subject to the exception that existing rights (see s. 10 of the Act of 1885)
are not to be affected, and also to the very important exception that the
conditions (see s. 5 of the Act of 1884) of this section remain applicable to
the franchise conferred by s. 5.
As to full age and legal incapacity, see notes to s. 3, supra. The “last
º is altered to the “fifteenth day" of July by s. 12 of the Act of 1885,
p. 71, post.
Owner or tenant.] See the cases in the note on similar words in s. 27 of
the Act of 1832, ante, which apply to this section, with the exception that
an Occupation under more than one landlord of more than one holding,
40
PART I.—QUALIFICATION OF ELECTORS.
30 & 31 Vict.
c. 102, s. 6.
“County
Occupation
I'ranchise.”
Occupiers in
boroughs to be
rated, and not
OWIY erS.
Provisoes as to
compositions,
&c.
No elector em-
ployed for re-
ward within
six months of
election to
vote.
confers a qualification under this section, if the aggregate value of the
holdings be sufficient: Huckle v. Piper, L. R. 7 C. P. 193; 41 L. J. C. P. 42;
25 L. T. 809; 20 W. R. 535; 1 H. & C. 680.
Rateable value.] This means the actual rateable value, of which value the
rate-book is not conclusive evidence, but evidence may be taken by the
revising barrister: Cook v. Butler, L. R. 9 C. P. 256; 42. L. R. 25; 25 L. T.
548; 21 W. R. 73; 2 H. & C. 22.
Has heen rated.] See the notes to s. 3, ante.
7. Where the owner is rated at the time of the passing of
this Act to the poor rate in respect of a dwelling house or other
tenement situate in a parish wholly or partly in a borough,
instead of the occupier, his liability to be rated in any future
poor rate shall cease, and the following enactments shall take
effect with respect to rating in all boroughs:
1. After the passing of this Act no owner of any dwelling
house or other tenement situate in a parish either wholly
or partly within a borough shall be rated to the poor
rate instead of the occupier, except as hereinafter
mentioned :
2. The full rateable value of every dwelling house or other
separate tenement, and the full rate in the pound pay-
able by the occupier and the name of the occupier, shall
be entered in the rate book :
Where the dwelling house or tenement shall be wholly let out
in apartments or lodgings not separately rated, the owner of
such dwelling house or tenement shall be rated in respect
thereof to the poor rate :
Provided as follows:--
[Provisoes 1 and 2 were temporary only, and have been repealed by the
Stat. Law Revision Act, 1875.]
3. That where the occupier under a tenancy subsisting at the
time of the passing of this Act of any dwelling house or
other tenement which has been let to him free from
rates is rated and has paid rates in pursuance of this Act,
he may deduct from any rent due or accruing due from
him in respect of the said dwelling house or other tene-
ment any amount paid by him on account of the rates
to which he may be rendered liable by this Act.
This section, which applies to boroughs only, though not expressly repealed,
is in a great measure Superseded by the Poor Rate Assessment and Collection
Act, 1869, 32 & 33 Vict. c. 41, which expressly authorizes, so far as tenements
of a certain value are concerned, that rating of owners which this section
expressly forbids. See that Act, and the notes thereto, p. 46.
[8. Temporary only.—Repealed by Stat. Law Revision Act, 1875.]
[9–10. Restriction as to number of votes in counties and boroughs repre-
sented by three members, and in the city of London. See post, Part V., “The
Election.”]
11. No elector who within six months before or during any
election for any county or borough shall have been retained,
hired, or employed for all or any of the purposes of the election
REPRESENTATION OF THE PEOPLE ACT, 1867.
41
for reward by or on behalf of any candidate at such election as
agent, canvasser, clerk, messenger, or in other like employment,
shall be entitled to vote at such election, and if he shall so vote
he shall be guilty of a misdemeanor.
This section does not appear to prohibit the registration of the electors
therein mentioned.
Paid canvassers are abolished by s. 17 of the Corrupt Practices Act, 1883,
post, Part W., “The Election.”
[12. Boroughs of Totnes, Reigate, Yarmouth, and Lancaster, on account of
corrupt practices therein, to cease to return members after end of present
Parliament.]
13. Whereas the Commissioners appointed under a Commission
of her Majesty, dated 16th of June, 1866, for the purpose of making
inquiry into the eaistence of corrupt practices in the borough of
Totnes, have by their report, dated 29th of January, 1867, reported
to her Majesty that the persons named in Schedules (I.) and (K.)
to the said report annealed had been guilty of giving or receiving
bribes: Be it enacted, that none of the persons so named in the said
schedules shall have the right of voting for the southern division of
the county of Devon in respect of a qualification situated within the
said borough of Totnes.
This section, and ss. 14, 15, and 16, are repealed by s. 27 and Sched. 8
of the Redistribution of Seats Act, 1885, p. 72.
14. Whereas the Commissioners appointed wnder a Commission of
her Majesty, dated 16th of June, 1866, for the purpose of making
inquiry into the eſcistence of corrupt practices in the borough of Great
Yarmouth, have by their report dated 20th of December, 1866, re-
ported to her Majesty that the persons named in Schedules (A.) and
(B.) to the said report annexed had been guilty of giving or receiving
bribes: Be it enacted, that wome of the persons so named in the said
Schedules shall have the right of voting for the north-eastern division
of the county of Norfolk, or the eastern division of the county of
Suffolk, in respect of a qualification situated within the borough of
Great Yarmouth.
15. Whereas the Commissioners appointed under a Commission of
her Majesty, dated 16th of June, 1866, for the purpose of making
inquiry into the eaſistence of corrupt practices in the borough of
Lancaster, have by their report reported to her Majesty that certain
persons had been guilty of giving or receiving bribes: Be it enacted,
that none of the said persons appearing by the Shedules marked (A.)
and (B.) to the said report annewed to have been bribed, or as bribing
and treating shall have the right of voting for the northern division
ºf the county of Lancaster in respect of a qualification situated within
the said borough of Lancaster.
16. Whereas the Commissioners appointed under a Commission of
her Majesty, dated the 16th of June, 1866, for the purpose of making
'''Tºry into the easistence of corrupt practices in the borough of
Reigate, by their report dated 2nd of February, 1867, reported to
30 & 31 Vict.
c. 102.
Disqualification
of persons
guilty of bribery
in Totnes.

Disqualification
of persons
guilty of bribery
in Yarmouth.
Disqualification
of persons re-
ported guilty of
bribery in Lan-
caster.
Disqualification
of persons
guilty of bribery
in Reigate.
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REP, OF PIEOPLE ACT, 1867, SEC
. 40—PAROCIIIAI, REI,III".
43
[28–32. Notice of rate in arrear to be given by ovorsoers to voters. Over-
soºrs to make out a list of persons in arrear of rates, to be open to perusal
without ſoo.—Sco those and othor Hections of the Act relating to registra-
tion, post, Part II., “Itegistration of Voters.”]
[33–39. Places for olection, and polling places.
I’art V., “The Election.”]
40. The thirty-sixth section of the Act of the second
year of King William the Fourth, chapter forty-five,” dis-
qualifying persons in receipt of parochial relief from being
registered as voters for a borough, shall apply to a county also,
and the said section shall be construed as if the word “County’
were inserted theroin before the word “City;” and the overseers
of every parish shall omit from the lists made out by them of
persons ontitled to vote for the borough and county in which
such parish is situate the names of all persons who have received
parochial relief within twelve calendar months next previous to
the last day of July in the year in which the list is made out.
See tho notes to 8. 36 of the Act of 1832, p. 25, ante. I’rior to this Act there
lad been some little doubt whether the mere possession of the forty-shilling
froohold ought not to be taken as conclusive ovidence that the party's
indigence was not such as to disqualify. Soo IIeywood, p. 271, where con-
ſlicting casos are cited, and the opinion exproBBod that the disqualification in
counties was by the common law of Parliament similar to that in boroughs.
For penalty on overscors inserting in a list the namos of persons not
qualiſiod, sco s. 51 of the Purliamentary Registration Act, 1843, p. 10.
[41–45. I’lection in Univorsity of London. Sco theso sections, post, Part W.,
“The Election.”]
46. So much of the twenty-seventh and thirty-socond sections
of the Act of the second year of the reign of King William
the Fourth, chapter forty-five, and of the Seventy-ninth
section of the Act of the sixth year of the reign of her present
Majesty, chapter eighteen,f as relates to the residence of electors
within seven miles of any city or borough, shall be repealed in
respect to electors otherwise qualified to be registered and to
vote for members to servo in l’arliament for the city of London:
I’rovided always, that no person shall be registered as an elector
for the said city unless he shall have resided for six calendar
months next provious to the last day of July in any year, nor
bo entitled to vote at any election for the said city unless he
shall have ever since the last day of July in the year in which
his name was inserted in the register then in force have resided,
and at the time of voting shall have continued to reside, within
lº said city, or within twenty-five miles thoroof or any part
thoreof.
Soo theso Soctions, post,
In tho caso of the ordinary olector, under s. 27 of the Act of 1832, tho
distanco is to be measured from “any part" of the city; in the case of the
Tooman under s. 32, from the polling place; but this section appears to treat
the two cases in the samo manner. The part referred to of s. 79 of 6 Wict.
6, 18, is repealed by tho Dallot Act, 1872.
[47. Roturning officers in new boroughs.
ºn tº s See post, Part W., “The
Election.”
30 & 31 Vict.
c. 102, s. 40.
Disqualifica-
tion by paro-
chial relief to
apply to coun-
ties as well as
boroughs.
* p. 25, ante.
Residence of
electors for the
city of London
extended to
twenty-five
miles.
f p. 18, ante.
t p. 110.
44
I’ART I.—QUALITICATION OF ELECTORS.
30 & 31 Vict,
c. 102.
Corrupt pay-
ment of rates
to be punish-
able as bribery.
Copy of reports
of Commis-
sioners as to
boroughs
herein named,
to be evidence.
No qualifica-
tion for county
unless title by
old borough
qualification.
[48. Boundary Commissioners.—l&epealed, as tomporary, by Stat. Law
Iłov. Act, 1875.]
49. Any person, either directly or indirectly, corruptly paying
any rate on behalf of any ratepayer for the purpose of enabling
him to be registered as a voter, thereby to influence his vote at
any future election, and any candidate or other person, either
directly or indirectly, paying any rate on behalf of any voter for
the purpose of inducing him to vote or refrain from voting,
shall be guilty of bribory, and be punishablo accordingly ; and
any person on whose behalf and with whose privity any such
payment as in this section is mentioned is made shall also be
guilty of bribery, and punishablo accordingly.
Tayment by a voluntoer by way of gift will not qualify (see R. v. Mayor
of Bridgmorth, 10 A. & E. G6); but at tho same time it will not necessarily
be a corrupt payment within this section, and the burden of proof will bo
on the party charging corruption. As to punishment of bribery, Seo Corrupt
and Illegal Practices Act, 1883, post, Part W., “The Election.”
As to payment of rates as a condition of the qualification, sco SS. 3 and 6.
The payment to qualify must be by the party himself, or his agent expressly
or impliedly appointed.
[50. Iłeturning officer, &c., acting as agent guilty of misdemeanor. Sce
post, I’art V., “The Iºlection.”]
[51. Not necessary to dissolve Parliament on demise of Crown.]
|52. Members holding offices of profit from the Crown, as in Schedule (II.),
not required to vacato seats on acceptanco of another offico. See post,
I’art IV., “Disqualification of Candidates.”]
53. Any copy of any of the said reports by the said Commis-
sioners appointed for the purpose of making inquiry into the
existence of corrupt practices in any of the said boroughs of
Totnos, Great Yarmouth, Lancaster, or Reigate, with the
schedules thoreof annexed, and purporting to be printed by the
Quoen's printer, shall for the purposes of this Act be deemed to
be sufficient evidence of any such report of the said Com-
missioners, and of the schedules annexed theroto.
[54. Temporary.—Repoaled by Statuto Ilaw Revision Act, 1875.]
55. Nothing in this Act contained shall affect the rights of
persons whose names are for the time being on the register of
voters for any county in which the boroughs constituted by this
Act are situato to vote in any election for such county in
respect of any vacancy that may take place boforo the sum-
moning of a future Parliament, but after such summoning no
person shall bo on titled to be registered as a voter, or to vote in
any election for any such county, who would not be entitled to
bo so registered, or to vote in case the qualifications held by
him were situate in a borough other than one constituted by
this Act.
Comparo s. 24 of the Act of 1832, ante, and s. 10 of the Act of 1884, post.
'l'ho remaining part of this Soction is repealed by the Statuto Law Revision
Act, 1875.
REPRESENTATION OF THE PEOPLE ACT, 1867.
45
56. The franchises conferred by this Act shall be in addition
to and not in substitution for any existing franchises, but so
that no person shall be entitled to vote for the same place in
respect of more than one qualification; and, subject to the pro-
visions of this Act, all laws, customs, and enactments now in
force conferring any right to vote, or otherwise relating to the
representation of the people in England and Wales, and the
registration of persons entitled to vote, shall remain in full
force, and shall apply, as nearly as circumstances admit, to any
person hereby authorized to vote, and shall also apply to any
constituency hereby authorized to return a member or members
to Parliament as if it had heretofore returned such members to
Parliament and to the franchises hereby conferred; and to the
registers of voters hereby required to be formed.
[57. Writs to County Palatine of Lancaster. Writs, &c., to be made con-
formable to this Act. Sco post, Part V., “The Election.”]
59. This Act, so far as is consistent with the tenor thereof,
shall be construed as one with the enactments for the time
being in force relating to the Representation of the People and
with the Registration Acts; and in construing the provisions
of the twenty-fourth and twenty-fifth sections of the Act of the
second year of King William the Fourth, chapter forty-five, the
expressions “the provisions hereinafter contained,” and “as
aforesaid,” shall be deemed to refer to the provisions of this Act
conferring rights to vote as well as to the provisions of the
said Act.
See the enactments as to the Representation of the People, p. 1, ante.
The IRegistration Acts, by S. 61, post, havo a meaning similarly extensive.
The 24th and 25th sections of the Act of 1832 prohibit a party from voting
for a county in respect of his qualification for a borough.
[60. Repealed, as temporary, by Stat. Law Rev. Act, 1875.]
61. The following terms shall in this Act have the meanings
hereinafter assigned to them, unless there is something in the
context repugnant to such construction; (that is to say,)
“Month "shall mean calendar month :
“Member" shall include a knight of the shire:
“IElection ” shall mean an election of a member or members
to serve in Parliament:
“County” shall not include a county of a city or county of a
town, but shall mean any county, riding, parts or divisions
of a county returning a member or members to serve in
Parliament:
“Borough * shall mean any borough, city, place, or combina-
tion of places, not being a county as hereinbefore defined,
returning a member or members to serve in Parliament :
“Dwelling house” shall include any part of a house occupied as a
, separate dwelling, and separately rated to the relief of the poor :
“The Registration Acts” shall mean the Act of the sixth
year of the reign of her present Majesty, chapter eighteen,
and the Act of the twenty-eighth year of the reign of her
30 & 31 Vict.
c. 102.
General saving.
Act to be con-
strued with
enactments
now in force.
Interpretation.
“ Month :”
“Member :”
“Election :”
“County:”
“Borough :”
( ( Dwelling
house :”
“The Registra-
tion Acts.”
46
PART I.-QUALIFICATION OF ELECTORS.
30 & 31 Vict.
c. 102, s. 61.
Definitions.
31 & 32 Vict.
c. 58.
Application to
counties of en-
actments as to
demand to be
rated.
* p. 20.
f p. 109.
31 & 32 Vict,
c. 73.
Repeal of en-
actments in
schedule.
32 & 33 Wict.
c. 41.
present Majesty, chapter thirty-six, and any other Acts or
parts of Acts relating to the registration of persons
entitled to vote at and proceedings in the election of
members to serve in Parliament for England and Wales.
Dwelling-house.] The definition here given is repealed by the Parlia-
mentary and Municipal Act, 1878, which by s. 5, p. 155, post, substitutes “any
part of a house where that part is separately occupied as a dwelling.”
“The Registration Acts.”] See Act, post, Part II., “Registration of
Electors.”
31 & 32 Vict. c. 58.
[For other sections of this Act, see Part II., “Registration of Electors.”]
30. The thirtieth section of the Act of the session of the
second year of King William the Fourth, chapter forty-five,”
and the seventy-fifth section of the principal Act,t shall apply
to all occupiers of premises capable of conferring the franchise
for a county under the “Representation of the People Act, 1867.”
31 & 32 Vict. c. 73. An Act to relieve certain Officers
employed in the Collection and Management of Her
Majesty's Revenues from any legal Disability to vote
at the Election of Members to serve in Parliament.
[31st July, 1868.
“Whereas it is expedient that any person otherwise entitled to
be registered as a voter should be incapacitated to vote at the
election of a member or members to serve in Parliament by
reason of his being employed in the collection or management
of her Majesty's revenues;” BE IT ENACTED, as follows:
1. The enactments contained in the Schedule to this Act are
hereby repealed.
See further 37 & 38 Vict. c. 22, p. 54, post.
POOR. RATE ASSESSMENT AND COLLECTION
ACT, 1869.
32 & 33 Vict. c. 41. An Act for amending the Law with
respect to the rating of Occupiers for short terms, and
the making and collecting of the Poor's Rate.
[26th July, 1869.
Whereas it is expedient to amend the law relating to the
collection of poor rates assessed upon occupiers of hereditaments
held for short terms, and to the making and collecting of the
poor rate :
POOR. RATE ASSESSMENT AND COLLECTION ACT, 1869.
47
1. The occupier of any rateable hereditament let to him for
a term not exceeding three months shall be entitled to deduct
the amount paid by him in respect of any poor rate assessed
upon such hereditament from the rent due or accruing due to
the owner, and every such payment shall be a valid discharge
of the rent to the extent of the rate so paid.
The 7th, 10th, and 19th sections of this Act are the only sections which
bear expressly on the qualification of electors, and the other sections are
printed here merely for the purpose of rendering those sections intelligible.
The Act, which has an important effect upon s. 3 of the Act of 1867, ante, is
amended by the Assessed Rates Act, 1879, p. 56, post.
2. No such occupier shall be compelled to pay to the over-
seers at one time or within four weeks a greater amount of
the rate than would be due for one quarter of the year.
3. In case the rateable value of any hereditament does not
exceed twenty pounds, if the hereditament is situate in the
metropolis, or thirteen pounds if situate in any parish wholly
or partly within the borough of Liverpool, or ten pounds if
situate in any parish wholly or partly within the city of
Manchester or the borough of Birmingham, or eight pounds if
situate elsewhere, and the owner of such hereditament is willing
to enter into an agreement in writing with the overseers to
become liable to them for the poor rates assessed in respect of
such hereditament, for any term not being less than one year
from the date of such agreement, and to pay the poor rates
whether the hereditament is occupied or not, the overseers may,
subject nevertheless to the control of the vestry, agree with the
owner to receive the rates from him, and to allow to him a
commission not exceeding twenty-five per cent. On the amount
thereof.
4. The vestry of any parish may from time to time order
that the owners of all rateable hereditaments to which section
three of this Act extends, situate within such parish, shall be
rated to the poor rate in respect of such rateable hereditaments,
instead of the occupiers, on all rates made after the date of
such order; and thereupon and so long as such order shall be in
force the following enactments shall have effect:
1. The overseers shall rate the owners instead of the occupiers,
and shall allow to them an abatement or deduction of
fifteen per centum from the amount of the rate :
2. If the owner of one or more such rateable hereditaments
shall give notice to the overseers in writing that he is
willing to be rated for any term not being less than one
year in respect of all such rateable hereditaments of
which he is the owner, whether the same be occupied or
not, the overseers shall rate such owner accordingly, and
allow to him a further abatement or deduction not ex-
ceeding fifteen per centum from the amount of the rate
during the time he is so rated:
32 & 33 Wict.
c. 41.
Occupiers of
tenements let
for short terms
may deduct
poor rate
paid by them
from rents.
Amount of rate
payable by oc-
cupier.
Owners may
agree to pay
the rate, and
be allowed a
commission.
Westries may
order owner
to be rated
instead of
occupier.
48
PAT&T I.—QUALIFICATION OF ELECTORS.
32 & 33 Vict.
c. 41, s 4.
Constructive
payment of the
rate.
Occupiers pay-
ing rates may
deduct them.
Owners to give
iists of occu-
piers, and liable
to penalty for
wilful omis-
sion.
Notice to occu-
piers of rates
in arrear.
3. The vestry may by resolution rescind any such order after
a day to be fixed by them, such day being not less than
six months after the passing of such resolution, but
the order shall continue in force with respect to all
rates made before the date on which the resolution takes
effect :
Provided that this clause shall not be applicable to any rateable
hereditament in which a dwelling house shall not be included.
It was held to be a condition precedent to an allowance under subs. 2 that
the owner should give notice in writing, and that where an allowance had
been made without such written notice the occupier could not be placed
upon the list of voters, inasmuch as he had not made a payment within the
meaning of s. 3, subs. 4, of the Act of 1867: Bennett v. Atkins, 4 C. P. D. 80;
48 L. J. C. P. 95 ; 40 L. T. 66; 27 W. R. 231 ; but the effect of this decision
has bcon got rid of by the Assessed Rates Act, 1879, 41 Vict. c. 10, post.
[5. Owners omitting to pay rates before the fifth day of June to forfeit
commission.]
[6. Repeal of 13 & 14 Vict. c. 99.]
7. Every payment of a rate by the occupier, notwithstanding
the amount thereof may be deducted from his rent as herein
provided, and every payment of a rate by the owner, whether
he is himself rated instead of the occupier, or has agreed with
the occupier or with the overseers to pay such rate, and not-
withstanding any allowance or deduction which the overseers
are empowered to make from the rate, shall be deemed a pay-
ment of the full rate by the occupier for the purpose of any
qualification or franchise which as regards rating depends upon
the payment of the poor rate.
See note to S. 4, ante.
8. Where an owner who has undertaken, whether by agree-
ment with the occupier or with the overseers, to pay the poor
rates, or has otherwise become liable to pay the same, omits or
neglects to pay any such rate, the occupier may pay the same
and deduct the amount from the rent due or accruing due to
the owner, and the receipt for such rate shall be a valid dis-
charge of the rent to the extent of the rate so paid.
9. Every owner who agrees with the overseers to pay the
poor rate, or who is rated or liable to be rated for any heredita-
ment instead of the occupier, shall deliver to the overseers,
from time to time, when required by them, in writing, a list
containing the names of the actual occupiers of the heredita-
ments comprised in such agreement, or for which he is so rated
or liable to be rated; and if any such owner wilfully omits to
deliver such list when required to do so, or wilfully omits there-
from or misstates therein the name of any occupier, he shall for
every such omission or misstatement be liable, on summary
conviction, to a penalty not exceeding two pounds.
10. Section twenty-eight of “The Representation of the
People Act, 1867,” with respect to notice to be given of rates in
POOR. RATE ASSESSMENT AND COLLECTION ACT, 1869.
49
- -wº----->
arrear, shall apply to occupiers of premises capable of conferring
the Parliamentary franchise, although the owners of such pre-
mises have become liable for the rates assessed thereon under
the provisions of this Act.
See s. 28 of the Act of 1867, post, Part II., “Registration of Electors.”
11. Where the owner has become liable to the payment of
the poor rates, the rates due from him, together with the costs
and charges of levying and recovering the same, may be levied
on the goods of the owner, and be recovered from him in the
same way as poor rates may be recovered from the occupier.
[12, 13, Recovery of rates unpaid by the owner. Appeal by owner.]
14. The overseers of every parish when they make a poor
rate shall set forth in the title of the rate the period for which
the same is estimated, and if the same is payable by instalments
the amount of each instalment and the date at which each instal-
ment is payable; Provided that if the necessities of the parish
shall require it another rate may be made before such period
shall have elapsed.
15. The overseers who make the poor rate for a period ex-
ceeding three months may declare that the same shall be paid
by instalments at such times as they shall specify, and there-
upon each instalment only shall be enforceable as and when it
falls due, and the payment of any such instalment shall, as
respects any qualification or franchise depending upon the pay-
ment of the poor rate, be deemed a payment of such rate in
respect of the period to which such instalment applies.
[16. Provision for successive occupiers, &c.]
17. A poor rate shall be deemed to be made on the day when
it is allowed by the justices, and if the justices sever in their
allowance then on the day of the last allowance.
This section gets rid of the difficulties caused by Jones v. Bubb, L. R.
4 C. P. 468, in where it was held that making included both signing by
overseers and allowance by justices.
18. The production of the book purporting to contain a poor
rate, with the allowance of the rate by the justices, shall, if the
rate is made in the form prescribed by law, be primâ facie
evidence of the due making and publication of such rate.
19. The overseers in making out the poor rate shall, in every
case, whether the rate is collected from the owner or occupier,
or the owner is liable to the payment of the rate instead of the
occupier, enter in the occupiers’ column of the rate book the
name of the occupier of every rateable hereditament, and such
occupier shall be deemed to be duly rated for any qualification
or franchise as aforesaid; and if any overseer negligently or
wilfully and without reasonable cause omits the name of the
F.
32 & 33 Wict.
c. 41.
Liability of
owner under
agreement.
Overseer to
state period
for which rate
made.
Overseers may
make poor rate
payable by in-
stalments.
When rate
made.
Evidence of
l'ºuteS.
Overseers to
insert names of
all occupiers in
the rate.
Penalty for
omission.
5()
PA IRT I.—QUALIFICATION OF ELIECTORS.
32 & 23 Vict.
c. *| 1.
Saving of
franchises.
Interpretation
of terms.
Application of
Act.
Short title.
occupier of any rateable hereditamont from the rate, or negli-
gently or wilfully misstates any name therein, such overseer
shall for every such omission or misstatement be liable on sum-
mary conviction to a penalty not exceeding two pounds ; Pro-
vided that any occupier whose name has been omitted shall,
notwithstanding such omission and that no claim to be rated
has boom ma lo by him, be entitled to overy qualification and
franchiso depending upon rating, in the same manner as if his
name had not been so omitted.
The conſlicling decisions upon this section in Cross v. Allsop, L. R. 6 (). P.
315; 40 L. J. C. P. 53; and Smith v. Seghill, L. R. 10 Q. IS. 422, led to tho
passing of s. 14 of the Parliamentary and Municipal Registration Act, 1878,
p. 56, post, which Huction aſſirms the viow takon in Smith v. Seſſhill.
20. The word “Overseer” shall include every authority that
makes an assessment for the poor rate; the words “Poor late ”
shall mean the assessment for the relief of the poor, and for the
other purposes chal geable thoreon according to law, and in the
metropolis shall extend to overy rate made by the overseers,
and chargeable upon the same property as the poor rate; the
word “Owner" shall moan any person receiving or claiming
the rent of the hereditament for his own use, or receiving the
same for the use of any corporation aggregate, or of any public
company, or of any landlord or lessee who shall be a minor, a
married woman, or insane, or for the use of any person for
whom he is acting as agent; the word “Parish ’ shall signify
evory place for which a separate overseer can be appointed;
the word “Vestry " shall include not only the vostry of a parish
existing under the authority of Some general or special Act of
I’arliament, or by special custom or otherwise, but also the
meeting of the inhabitants of any township, vill, or place
having a separate overseer, and for which a separato poor rate
is made, held after notice given in like manner as is required
by law in regard to the meetings of vestries; and the word
“Metropolis” shall include only the metropolis as defined by
the Metropolis Management Act, 1855.
21. This Act shall not extend to Scotland or to Ireland.
22. This Act may be cited as “The Poor IRate Assessment
and ('ollection Act, 1869.”
SCIII)I) ULI).
22 George 3, c. 41.
43 George 3, c. 25.
7 & 8 George 4, c. 53, s. 9.
33 WICT. CAP. 14––ALIENS.
33 Vict. c. 14. An Act to amend the Law relating to the
legal condition of Aliens and British Subjects.
-- [12th May, 1870.
“Whoreas it is expedient to amond the law relating to the
legal condition of alions and British subjects;” ISE IT ENACTED,
as follows:
1. This Act may be cited for all purposes as “The Naturali-
sation Act, 1870.”
Status of Alien8 in the United Kingdom.
2. Real and personal property of every description may be
taken, acquired, held, and disposed of by an alien in the same
manner in all rospects as by a natural-born British subject ; and
a title to roal and porsonal property of every description may
be derived through, from, or in succession to an alion, in the
same manner in all respects as through, from, or in succossion
to a natural-born T3ritish subject : Provided, -
(1.) That this section shall not confer any right on an alien
to hold real property situate out of the United King-
dom, and shall not qualify an alion for any office or for
any municipal, parliamentary, or othor franchise:
An alien is the child of a foreign father, born in a forcign country, or the
child of a naturalised father born in a foreign country before tho naturalisa-
tion. The children of natural-born subjects born abroad are naturalised by
7 Anne, c. 5, and 4 Geo. 2, c. 21. -
It was resolved by the House of Commons in 1698, in The Westminster
Case (Heywood, 252), that an alion is disqualiſiod at common law.
7. An alion who within such limited time beforo making the
application hereinafter mentioned as may be allowed by one of
her Majesty's principal Secretaries of State, either by general
order or on any special occasion, has rosided in the United
Kingdom for a term of not less than five years, or has been in
the service of the Crown for a term of not less than five years,
and intends, when naturalised, either to reside in the United
Kingdom, or to serve under the Crown, may apply to one of her
Majesty's principal Secretaries of State for a certificate of
naturalisation.
The applicant shall adduce in support of his application such
ovidence of his residence or service and intention to reside or
serve, as such Secretary of State may require. The said Secre-
tary of State, if satisfied with the evidence adduced, shall take
the case of the applicant into consideration, and may, with or
without assigning any reason, give or withhold a cortificate as
he thinks most conducive to the public good, and no appeal shall
lie from his decision, but such certificate shall not take offect
until the applicant has taken the oath of allegiance.
. An alien to whom a certificato of naturalisation is granted shall
in the United Kingdom be entitled to all political and other
rights, powers, and privileges, and be subject to all obligations,
33 Vict, c. 14.
Short title.
Alien not
qualified for
franchise.
Application
for naturalisa-
tion.
F vidence,
Qualification
of alien for
franchise by
certificate of
naturalisation.
IE 2
52
PART I.-QUALIFICATION OF ELIECTORS.
33 Wict. c 14.
** *****-*-** = --
--
Aliens.
******-*****-a---------------.
Special certiſi-
catc.
33 & 34 Vict.
c. 23.
Conviction for
treason or
felony to be a
disqualification
for offices, &c.
to which a natural-born British subject is on titled or subject in
the United Kingdom, with this qualification, that he shall not,
when within the limits of the foreign state of which he was a
subject previously to obtaining his certificate of naturalisation,
be deemed to be a British subject unless he has ceased to be a
subject of that state in pursuance of the laws thereof, or in pur-
suance of a treaty to that effect.
The said Secretary of State may in manner aforesaid grant a
special certificate of maturalisation to any person with respect to
whose nationality as a British subject a doubt exists, and he may
specify in such certificate that the grant thereof is made for the
purpose of quieting doubts as to the right of such person to be a
British subject, and the grant of such special certificate shall not
be deemed to be any admission that the person to whom it was
granted was not previously a 13ritish subject.
An alien who has been maturalised previously to the passing of
this Act may apply to the Secretary of State for a certificate of
naturalisation under this Act, and it shall be lawful for the said
Secretary of State to grant such certificate to such naturalised
alien upon the same terms and subject to the same conditions
in and upon which such certificate might have been granted
if such alien had not been previously maturalised in the United
Kingdom.
33 & 34 Vict. c. 23.
2. If any person hereafter convicted of treason or felony, for
which he shall he sentenced to death, or penal servitude, or any
term of imprisonment with hard labour, or exceeding twelve
months, shall at the time of such conviction hold any military or
naval office, or any civil office under the Crown or other public
employment, or any ecclesiastical benefice, or any place, office,
or emolument in any university, college, or other corporation, or
be entitled to any pension or superannuation allowance payable
by the public, or out of any public fund, such office, bonoſice,
employment, or placo shall forth with become vacant, and such
pension or superannuation allowance or emolument shall forth-
with determine and cease to be payable, unless such person shall
recoive a free pardon from hor Majesty, within two months after
such conviction, or before the filling up of such office, benefice,
employment, or place if given at a later period; and such person
shall become, and (until he shall have suffered the punishment
to which he had been sentenced, or such other punishment as by
competent authority may be substituted for the same, or shall
receive a free pardon from her Majesty), shall continue thence-
forth incapable of holding any military or naval office, or any
civil office under the Crown or other public employment, or any
ecclesiastical benefice, or of being elected, or sitting or voting as
a momber of either House of Parliament, or of exorcising any
33 & 34 WIC'1'. CAP. 23—F1,1,0N8.
53
right of suffrage or other parliamentary or municipal franchise
whatever within England, Wales, or Ireland.
A convicted felon was disqualified at common law, and so was a person
convicted of treason.
It will be obsorved that the prosont Section in its opening paragraph applies
to ſolons holding office only, and a doubt may ariko whether the words “such
person’’ in the concluding paragraph apply only to a person holding office, or
generally to all convicted ſelous. The latter construction appears to be more
in harmony with tho Hpirit of the Section.
The result of the section would 800m also to be to cut down the common
law disqualiſication which attached independoutly of the length of the Bentonce,
to the disqualification under the Act, which a corlain Bevority of sentence is
necessary to Croate.
Perjury.] A conviction for perjury was a disqualification by the Act 2 Geo.2,
c. 24, s. 6; but this Act was repoaled (except as to 8.3, which was repealed by
the Ballot Act) by the Corrupt Practices I’revention Act, 1854, which Act,
however, is a temporary Act only.
33 & 34 Vict. c. 75. Elementary Education Act, 1870.
91. Any person who at the election of any member of a school
board or any officer appointed for the purpose of such election is
guilty of corrupt practices shall, on conviction, for each offence
be liable to a penalty not exceeding two pounds, and be disquali-
fied for the term of six years after such election from exercising
any franchise at any election under this Act, or at any municipal
or l’arliamentary election.
The term “Corrupt Practices” in this section includes all
bribery, treating, and undue influence which under any Act
relating to a l’arliamentary election renders such election
void.
See Corrupt Practices Prevention Act, 1883, p. 58, post.
37 & 88 Vict. c. 22. . An Act to relieve Revenue Officers
from remaining Electoral Disabilities.
[30th June, 1874.
Whereas an Act was passed in the session of Parliament
holdon in the thirty-first and thirty-second years of the reign of
her present Majesty, intituled “An Act to relieve certain officers
omployed in the collection and management of her Majesty's
revonues from any legal disability to vote at the election of
members to serve in Parliament :” *
And whereas notwithstanding the passing of the said Act
Certain servants of the Crown in the Revenue departments are
still subject, at the suit of informers and others, to certain very
Severe penalties in relation to elections for members of Parlia-
mont, to which penalties other civil servants of the Crown are
not subject :
33 & 34 Wict.
c. 23.
33 & 34 Vict.
c. 75.
Disqualifica-
tion by con-
viction for
corrupt
practice at
school board
election.
37 & 38 Vict.
c. 22.
* p. 46.
PART I.-QUALIFICATION OF ELECTORS.
37 & 38 Vict.
c. 22.
Qualification
of Jºevenue
Officers.
lºnactments
in schedule
repealed.
39 & 40 Vict,
c. 79. ,)
Relief from
school fees
no disqualiſi-
cation.
41 Wict. c. 3.
And whereas it is desirable to abolish such penalties:
BE IT ENACTED, as follows:
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 thirty-
second year of her Majesty, chapter seventy-three, are hereby
repealed.
SCHISI) ULI).
The Slalules of the ſtealm.
12 & 13 Will. 3, c. 10, s. 89. (a)
9 Anne, c. 11, S. 45. (b)
10 Anne, c. 18, 8.198. (c)
2 & 3 Wict. c. 71, s. 6.
(a) s, 91 in Ruſſhead's edition.
(b) c. 10, s. 44, in Ruſſhead's edition.
(c) c. 19, s. 182, in Ruſſhead's edition.
Of the four Acts contained in this schodule the first threo deal with Rovenue
Officers properly so called. The fourth Act (2 & 3 Vict, c. 71) relates to the
Metropolitan l’olice. See the 6th section at length, p. 21, ante. The repeal
of that section however did not onfranchise the Metropolitan Police, inas-
much as, perhaps by an oversight, 10 GCo. 4, c. 44, 8, 18 (p. 12, ante), was
not repealed.
39 & 40 Vict. c. 79. Elementary Education Act, 1876.
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 º 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
Dwelling Houses from being disqualified from the right
of voting in the Election of Members to serve in Parlia-
ment by reason of their underletting such Dwelling
Houses for short terms. [25th February, 1878.
“Whereas questions have arisen upon the occupation required
by the third section of the Representation of the People Act,
1867:” * Bº IT THEREFORE ENACTED, as follows:
PARLIAMENTARY AND MUNICIPAL REGISTRATION ACT, 1878.
55
1. This Act shall be cited for all purposes as the House Occu-
piers Disqualification Itemoval Act, 1878.
2. From and after the passing of this Act every man shall be
entitled to be registered and to vote under the provisions of the
said section notwithstanding that during a part of the qualify-
ing 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.
[For other sections of the Act, see Part II., “Itegistration of Electors.”]
5. In and for the purposes of the Reform Act, 1832, and the
Municipal Corporation Acts, the terms “house, warehouse,
counting-house, shop, or other building,” shall include any part
of a house where that part is separately occupied for the pur-
pose of any trade, business, or profession ; and any such part
may for the purpose of describing the qualification be described
as “Office,” “Chambers,” “Studio,” or by any like term applic-
able to the case.
In and for the purposes of the Representation of the People
Act, 1867, the term “Dwelling House * shall include any part of
a house where that part is separately occupied as a dwelling,
and the term “Lodgings” shall include any apartments or place
of residence, whether furnished or unfurnished, in a dwelling-
house.
I'or the purposes of any of the Acts referred to in this section,
where an occupier is entitled to the sole and exclusive use of
any part of a house, that part shall not be deemed to be occu-
pied otherwise than separately by reason only that the occupier
is ontitled 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.
Thoso definitions were suggested by the difficulties which had arisen in
I'llis v. Burch, T. R. 6 C. P. 327; 40 L. J. C. P. 169, and Boom v. Howard,
L. R. 9 C. P. 277; 43 II. J. C. P. 115; 29 I. 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. 3 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 tho 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 occu-
pier8 enjoined by that Act was to a certain extent dispensed with by the
Poor Rate Assessment and Collection Act, 1869, p. 46, so that the omission of
the words as to separate rating had become necessary.
41 Vict. c. 3.
Short title.
Letting
house
furnished for
four months
not to dis-
qualify.
41 & 42 Vict.
c. 26.
Explanation of
“house,” &c.
“Dwelling-
house.”
“Lodgings.”
Separate occu-
pation of part
notwithstand-
ing joint occu-
pation of other
part.
99
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ASSISSIL) RATIS ACT, 1879.
5
7
42 Vict. c. 10. An Act to amend the Poor Rate Assess-
42 Vict. c. 10.
ment and Collection Act, 1869. (23rd May, 1879. -------
BE IT ENACTED, as follows:
1. This Act may bo cited as the Assessed Itates Act, 1879,
and shall be construed as one with the l’oor Itate Assessment
and Collection Act, 1869, in this Act called the principal Act.
2. Where by way of commission or abatement or deduction
under the principal Act, or purporting or assumed to be under
the principal Act, an allowance or doduction has, before the
passing of this Act, boon or shall hereafter be actually made,
ſho Samo shall, for tho purpose of overy qualification or franchise
depending upon rating or upon payment of rates, be doomed to
have been duly made in pursuance of overy or any agreement,
order, notice, or proceeding necessary for the validity thereof
under tho principal Act, and to have been and to be an allow-
anco or deduction which the overseers were and are empowered
to make from the rate undor the principal Act ; and no qualifi-
cation 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 insufficioncy 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; I’ro-
vided always, that this Act shall not relieve any overseers from
any liability which they have incurred or may incur by making
an allowanco or deduction otherwise than in pursuanco of the
provisions of the principal Act, or affect any remedy for the
recovery of the amount of such allowanco 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)
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 con-
sidered 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.
This onactment applies to tho metropolis only. Thero appears to be no
corresponding onactment having a genoral application, in lºngland. In
Ireland, by 25 & 26 Vict, c. 83, s. 6, the disqualification does not attach, if the
maintenance be paid for by the party.
º to disqualification by medical relioſ, see s, 36 of the Act of 1832, p. 25,
, I (?,
Construction.
Eſſect of
allowance or
deduction as
regards
qualification
or franchise.
46 & 47 Vict.
c. 35.
Admission into
metropolitan
hospital of
infected person
no disqualifica-
tion.
58 PART I.—QUALIFICATION OF ELECTORS.
46 & 47 vict. 46 & 47 Vict. 51. Corrupt and Illegal Practices Preven-
c. 51. tion Act, 1883. [25th August, 1883.
|Disqualifica- 6. (3.) A person who is convicted on indictment of any
tion for cor- corrupt practice shall (in addition to any other punishment as
º: . above provided) be not capable during a period of seven years
..". from the date of his conviction :- gº
(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 ss. 36 and 37 of the Act, post, Part W., “The Election,” where
the Act is printed at length.
Disqualifica- 10. A person guilty of an illegal practice whether under the
tion for illegal foregoing section, or under the provisions hereinafter contained
practice at in this Act, shall on summary conviction be liable to a fine not
parliamentary ſº g; .. •:
election. 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 parlia-
mentary, 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. Illegal Practices) Act, 1884. [14th August, 1884.
Disqualifica- 2. (2.) A person who commits any corrupt practice in re-
* "... ference to a municipal election shall be guilty of the like offence,
pt practice sº a tº e &
ãºji and shall on conviction be liable to the same punishment, and
election. subject to the like incapacities as if the corrupt practice had
been committed in reference to a parliamentary election.
Disqualifica- 7. A person guilty of an illegal practice in reference to a muni-
tion for illegal cipal 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.
REPRESENTATION OF THE PEOPLE ACT, 1884.
59
48 Vict. c. 3.
REPRESENTATION OF THE PEOPLE ACT, 1884.
An Act to amend the Law relating to the Iłepresentation of
the People of the United Kingdom.
|6th December, 1884.
BE IT ENACTED, as follows:
Preliminary.
1. This Act may be cited as the Representation of the People
Act, 1884.
The Acts of 1832 and 1867 dealt with electoral areas as well as with
electoral qualifications. The present Act deals with electoral qualifications
only, electoral areas being dealt with by the separate Redistribution of Seats
Act, 1885, post, Part III., “Electoral Areas,” p. 257.
The new qualifications conferred by this Act are (1) the dwelling-house
qualification, and (2) the lodgings qualification in counties, and (3) the quali-
fication by constructive tenancy by an office or Service occupation in counties
and boroughs; and there is also (4) a reduced qualification from £12 to £10
by land or tenement occupation in counties.
The restrictions established by the Act are upon (1) the rent-charge quali-
fication, and (2) the joint ownership qualification.
Eactension of the Household and Lodger Franchise.
2. A uniform household franchise and a uniform lodger
franchise at elections shall be established in all counties and
boroughs throughout the United Kingdom, and every man pos-
sessed of a household qualification or a lodger qualification shall,
if the qualifying premises be situate in a county in England or
Scotland, be entitled to be registered as a voter, and when
registered to vote at an election for such county, and if the
qualifying premises be situate in a county or borough in Ireland,
be entitled to be registered as a voter, and when registered to
vote at an election for such county or borough.
The two new qualifications in counties by (1) the residential occupation of
a dwelling-house and (2) the residential occupation of lodgings are conferred
by this single section, for the full meaning of which reference must be had to
S. 7, subs. 1 and 3, and to ss. 3 and 4 of the Act of 1867, in order to see what
ºut by “household qualification ” and “ lodger qualification ” respec-
Ively.
Household qualification.] By virtue of s. 7, subs. 1, and s. 11 this means
the qualifications under s. 3 of the Act of 1867 as amended by s. 5 of the Act
of 1878, p. 55, which qualification consists of, shortly (1) full age and legal
capacity, (2) twelve months’ residence in a dwelling-house separately occupied
as such prior to any 15th July, (3) having been rated, personally or a landlord,
prior to any 15th July, and (4) having paid prior to a 20th July personally,
or by a landlord, the rates payable up to a 5th January. All the many cases
cited in the note to s. 3 of the Act of 1867, ante, p. 35, will apply to the
present section, which opens with the enactment that the “household fran-
chise” is to be uniform” in counties and boroughs.
Jodger qualification.] By virtue of s. 7, subs, 3, and S. II, post, this means
the qualification unders. 4 of the Act of 1867, as amended by s. 5 of the Act
48 Vict. c. 3.
Short title
of Act.
Uniform
household and
lodger
franchise.
60
l’ART I.—QUALIFICATION OF ELECTORS.
48 Vict. c. 3,
S. 2.
*******º-º-º-º-º-º-º-º-º-º-º-º-º:
Jod/or
Franchise in
Counties.
Tenure of
house by
office or
service not
to invalidate
vote.
Restriction
on fagot-
votes,
of 1878, which qualification consists of, shortly, (1) full age and legal capacity,
(2) having ... either solely or with one other porson for twelve months
prior to any 15th July in any lodgings of the unfurnished yearly value of £10
(or £20 if the occupation be joint) in the same dwelling-house, and (3) having
claimed to be registerod.
All the many cases cited in the note to s. 4 of the Act of 1867, ante, will
apply to the present section, which enacts that there shall be a “uniform
lodger franchiso’’ in counties and boroughs.
In a county.] IFor the county olectoral areas, see Redistribution of Seats
Act, 1885, s. 9, and Sched. 7, I’art III., “I’llectoral Areas.”
Shall be entitled to be registered.] Without registration the qualification is
practically worthless. See s. 79 of the IRegistration Act, 1843, post, Part II.,
“Iłegistration of Iðlectors,” and see also s. 7 of the Ballot Act, 1872, post,
Part V., “The IElection.”
Scotland and Ireland.] As elsewhere in this book the parts of the various
statutes which relates to Ireland aro as a rule omitted.
3. Where a man himself inhabits any dwelling house by
virtue of any office, service, or employment, and the dwelling-
house is not inhabited by any pen son under whom such man
serves in such office, service, or employment, he shall be deemed
for the purposes of this Act and of the Representation of the
People Acts to be an inhabitant occupier of such dwelling house
as a tenant.
As to registration in 1885, sco S. 10 of the Togistration Act, 1885, p. 173.
This enactment nowly qualifies a large number of officials and servants by
the method of enacting that for the purpose of conferring the new qualification
thero, shall be a tenancy in law though there may be no tenancy in fact. It
had been held both undors. 27 of the Act of 1832 (Clark v. Bury St. Edmund's
Overseers, 26 L. J. C. P. 12), and the similarly worded s. 3 of the Act of 1867
(Foz v. Dalby, T. R. 10 C. P. 285), that officials and servants in the ordinary
sense of the term had no occupation “as tenant,” the rule being that if the
occupation were required of them for the purpose of the offico or service they
were not “tonant,” but that if it were not so required, they were: Hughes v.
Chatham Overseers, 5 M. & G. 54. This distinction is now abolished, and the
only remaining restriction upon the qualification gained by this kind of occu-
pation is, that the dwelling-house must not be inhabited “by any person under
whom " the party serves. In ordinary cases there will be little difficulty in
deciding upon claims under this section, but it must be borne in mind that
by virtue of the application of s. 5 of the Act of 1878 by s. 11 of this Act
“ dwelling-house ’’ includes any part of a house separately occupied as a
dwelling, and difficult cases may occur in respect of the occupation of a single
room by coachmen and others. As to the test in such cases, see and consider
the “Instructions in case of what is commonly called the Service Franchise ’’
in Form A. of Schedules 2 and 3 of the lèegistration Act, 1885, pp. 196, 218.
As to constructive rating of servants' houses and official and other residences,
sce s. 9, subs. 8, post.
Prohibition of the Multiplication of Votes.
4. Subject to the saving in this Act for existing voters, the fol-
lowing provisions shall have effect with reference to elections:—
(1.) A man shall not be entitled to be registered as a voter in
respect of the ownership of any rentcharge except the
owner of the whole of the tithe rentcharge of a rectory,
vicarage, chapelry, or benefice to which an apportion-
mont of tithe rentcharge shall have been made in
respect of any portion of tithes. - , &
REP. OF PEOPLE ACT, 1884, S. 4.—FAGGOT-Vorºs.
61
-º-
|
(2) Where two or more men are owners either as joint tenants 48 Vict. c. 3.
or as tenants in common of an estate in any land or
tenement, one of such men, but not more than one, shall,
if his interest is sufficient to confer on him a qualifica-
tion as a voter in respect of the ownership of such estate,
be entitled (in the like cases and subject to the like
conditions as if he were the sole owner) to be registered
as a voter, and when registered to vote at an election.
Provided that where such owners have derived their
interest by descent, succession, marriage, marriage
settlement, or will, or where they occupy the land or
tenement, and are bomá fide engaged as partners carry-
ing on trade or business thereon, each of such owners
whose interest is sufficient to confer on him a qualifica-
tion as a voter shall be entitled (in the like cases and
subject to the like conditions as if he were sole owner)
to be registered as a voter in respect of such owner-
ship, and when registered to vote at an election, and
the value of the interest of each such owner where not
otherwise legally defined shall be ascertained by the
division of the total value of the land or tenement
equally among the whole of such owners.
Subject to the saving.] See S. 10, which preserves existing rights to persons
who had been registered on or before the 6th December, 1884—the date of
the passing of the Act.
(1) Any rent-charge.] Tent-charges are within the expression “free land
or tenement” in 8 Hen. 8, c. 7. See that Act, and note p. 1, ante. As the
qualification under that Act need only be of the yearly value of forty shillings,
rent-charges could be conveniently created, and have in many cases been
created for the mere purpose of creating the qualification. For the future
this will be impossible.
(2) Where two or more men.]. This restriction upon the multiplication of
votes is a return to the law of 7 & 8 Will. 3, c. 25, s. 7, ante, p. 4, never
expressly repealed, but impliedly superseded by s. 29 of the Reform Act, 1832,
ante, p. 19,
Of an estate.] This expression shows that the enactment applies to owner-
ship voters only, and see also s. 27 of the Act of 1867 and s. 5 of the Act of
1878, which it would have been necessary to repeal if it had been intended
that this enactment should apply to other than ownership voters.
One of such men, but not more than one..] Compare the restriction of the
vote to two out of many joint occupiers under s. 27 of the Act of 1867, ante,
p, 42, and the restriction to two out of many lodgers by s. 5 of the Parlia-
mentary and Municipal Registration Act, 1878, ante, p. 55, but neither those
eluctſments nor s. 28 of the Act of 1878, nor s.4 of the Registration Act, 1885,
(ºnle, nor any other enactments, nor any cases, so far as the editors are aware,
throw any light upon the very difficult question what is to happen if the “two
or more men” are not agreed upon a representative man amongst their
number, and all of them wish to be registered. The only solution which
the editors can suggest is the rough one that the first man in order who
Succeeds in establishing his claim before the Revising Barrister upon a list
ºranged in alphabetical order (see s, 9 of County Precept in Sched. 2 of the
Registration Act, 1885) is entitled to be registered as against his alphabetical
SlloCQSSOrS. -
If his interest is sufficient.] See 8 Hen. 6, c. 7, ante, Act of 1832, ante, and
Act of 1867, ante,
62
I’ART I.-QUALIFICATION OF ELIECTORS.
48 Vict, c. 3.
Assimilation
of occupation
qualification.
No vote for
county in
respoct of
occupation
in borough.
To be registered.] Sce Part II. “Itogistration of Illectors.”
Provided that where, &c.] This proviso follows that of 8. 27 of the Act of
1867. It is conceived that the burden of proving a title to registration by
virtue of the proviso will lie upon those who wish to take advantage of it.
Assimilation of Occupation Qualification.
5. Every man occupying any land or tonement in a county or
borough in the United Kingdom of a clear yearly value of not
less than ten pounds shall be entitled to be registered as a voter,
and when registered to vote at an election for such county or
borough in respect of such occupation subject to the like con-
ditions respectively as a man is, at the passing of this Act,
entitled to be registered as a voter and to vote at an election for
such county in respect of the county occupation franchise, and
at an election for such borough in respect of the borough occu-
pation franchise.
This section reduces the £12 county occupation qualification conferred by
s. 6 of the Act of 1867 to £10, being the º occupation qualification
conferred by s. 27 of the Act of 1832, and repeals the £10 qualification for
boroughs, s. 27 of the Act of 1832 and s. 6 of the Act of 1867 being further
for the sake of uniformity repoaled by s. 12, subject to an ordinary Saving for
existing rights, and also the very important and peculiar saving for the
“conditions” applicable to the franchises conferred by these sections; and
the present section confers the qualification conferred by it, subject also to the
liko “conditions.” The result is that S. 27 of the Act of 1832 and s. 6 of the
Act of 1867, though technically repealed, are practically preserved except (1)
as to the amount of the qualification in s. 6 of the Act of 1867, and (2) as to
so much of either section as does not contain “conditions.” IIow much that
is, it may bo a matter of difficulty to determine. See note to s. 27 of the Act
of 1832, p. 18, on the doubtful points.
The following are clearly conditions under s. 27 of the Act of 1832:—
1. Full age and legal capacity.
2. Occupation for twelve months prior to any 15th July.
3. Having been rated to poor rate during such time.
4. Paymont of all poor rates and assessed taxes payable prior to 5th
January.
5. Itesidence within borough for six months prior to any 15th July.
The conditions under s. 6 of the Act of 1867 are similar, except that “resi-
denco’’ in the county is not expressly required, and there is no condition for
the payment of taxes. -
“Land or Tenement.”] This is defined by s. 11 of the Act to include “any
part of a house separately occupied for the purpose of any trade, business, or
profession,” which partly repeats but may be read together with the definition
of s. 5 of the Act of 1878, that definition not being Oxpressly repealed.
County Occupation Franchise.] See s. 7, subs. 6, infra.
Supplemental Provisions.
6. A man shall not by virtue of this Act be entitled to be
registered as a voter or to vote at any election for a county in
respect of the occupation of any dwelling house, lodgings, land,
or tenement, situate in a borough.
This section repeats with the necessary additions and in varied language
the enactment in pari materia of s. 24 of the Act of 1832 (ante, p. 15), the
cases in which will apply. The Act of 1867 contained not similar enactment.
REPRESENTATION OF THE PEOPLE ACT, 1884.
63
7. (1.) In this Act the expression “a household qualifica-
tion ” means, as respects Iðngland and Ireland, the qualification
enacted by the third section of the Representation of the
People Act, 1867,” and the enactments amending or affecting the
same, and the said section and enactments, so far as they are
consistent with this Act, shall extend to counties in England and
to counties and boroughs in Ireland.
(2.) [Ireland.]
(3.) The expression “a lodger qualification " means the
qualification enacted, as respects England, by the fourth section
of the Representation of the People Act, 1867, and the enact-
monts amending or affecting the same, and as respects Ireland,
by the fourth section of the Representation of the People
(Ireland) Act, 1868, and the enactments amending or affecting
the same, and the said section of the English Act of 1867, and
the enactments amending or affecting the same, shall, so far
as they are consistent with this Act, extend to counties in
England and Ireland.
4.) [Scotland.]
}} [Scotland.]
(6.) The expression “county occupation franchise” means, as
respects England, the franchise enacted by the sixth section of
the Representation of the People Act, 1867; and [Scotland],
and [Ireland.]
(7.) The expression “borough occupation franchise" means
as respects England the franchise enacted by the twenty-seventh
section of the Act of the session of the second and third years of
the reign of King William the Fourth, chapter forty-five;S and
[Scotland] and [Ireland].
(8.) Any enactments amending or relating to the county
occupation franchise or borough occupation franchise other than
the sections in this Act in that behalf mentioned shall be deemed
to be referred to in the definition of the county occupation
franchise and the borough occupation franchise in this Act
mentioned.
IIousehold Qualification.] See s. 4, and note.
Lodger Qualification.] See S. 4, and note.
Cownty Occupation Franchise.] See s. 5, and note.
I}orough Occupation Franchise.] See s. 5, and note.
8. (1.) In this Act the expression “the Representation of
the People Acts” means the enactments for the time being in
force in England, Scotland, and Ireland respectively relating to
the representation of the people, inclusive of the Registration
Acts as defined by this Act.
(2.) The expression “the Registration Acts” means the
onactments for the time being in force in England, Scotland,
and Ireland respectively, relating to the registration of persons
entitled to vote at elections for counties and boroughs, inclusive
of the Rating Acts as defined by this Act.
Definition of
“household
qualification.”
* p. 35.
“Lodger
qualification.”
f p. 37.
“County
occupation
franchise.”
1 p. 39.
“Borough
occupation
franchise.”
§ p. 17.
Definition of
“Repre-
sentation of
the People
Acts.”
“Registra-
tion Acts.”
64
PART I.— QUALITICATION OF ELE('I'OIRS.
48 Vict. c. 3.
s. 8.
J)efinition of
“Representa-
tion of tho
People Acts,”
&c.
Definition and
application of
“Rating Acts.”
Inquiry by
oversecrh as to
inhabitant
occupiers of
dwelling-
houses,
Service of
requisition
by overseers.
(3.) The expressions “the lèepresentation of the People
Acts” and “the Itegistration Acts” respectively, whero used in
this Act, shall be read distributively in reference to the three
parts of the United Kingdom as meaning in the case of each
part the enactments for the time being in force in that part.
(4.) All enactments of the IRegistration Acts which relate to
the registration of persons on titled to vote in boroughs in
Ingland in respoct of a household or a lodger qualification, and
[Ireland] shall, with the mocessary variations and with the
necessary alterations of procepts, notices, lists, and other forms,
extend to counties as woll as to boroughs.
[(5) and (6.) Ireland and Scotland.]
9. (1.) In this Act the expression “the Rating Acts” means
the enactments for the time being in forco in lºngland, Scotland,
and Ireland rospectively, relating to the placing of the names
of occupiers on the rate book, or other enactments relating to
rating in so far as they are auxiliary to or deal with the regis-
tration of porsons entitlod to voto at elections; and the expres-
sion “the Italing Acts” whore used in this Act shall be read
distributively in reference to the three parts of the United
Kingdom as meaning in the Caso of each part the Acts for the
time being in force in that part.
(2.) In evory part of the United Kingdom it shall be the
duty of the overseers annually, in tho months of April and
May, or one of thom, to inquire or ascertain with respect to
every hereditamont which comprises any dwelling house or
dwelling houses within the meaning of the Representation of
the People Acts, whether any man, other than the owner or
other porson rated or liablo to be rated in respect of such here-
ditament, is on titled to bo registered as a votor in respect of his
being an inhabitant occupier of any, such dwelling house, and
to entor in the rate book the name of overy man so entitled,
and the situation or description of the dwelling house in respect
of which he is entitled, and for the purposes of such entry a
separate column shall be added to the rate book.
(3.) For the purpose of the execution of such duty, tho over-
scors may sorvo on the person who is the occupier or rated or
liable to be rated in rospect of such hereditamont, or on some
agent of Huch person concerned in the management of such
horeditament, the requisition speciſiod in the Third Schedule to
this Act requiring that the form in that notice be accurately
filled up and returned to the overseers within twenty-one days
after such Sorvice; and if any such person or agont on whom
such requisition is served ſails to comply therewith, he shall be
liable on summary conviction to a fine not exceeding forty
shillings, and any overseer who fails to perform his duty under
this section shall be deemed guilty of a breach of duty in the
execution of the Registration Acts, and shall be liable to be fined
accordingly a sum not exceeding forty shillings for each default.
REPRESENTATION OF THIF PEOPLE ACT, 1884.
65
**a*-*
(4.) The notice under this section may be served in manner
provided by the Representation of the People Acts with respect
to the servico on occupiors of notice of nonpayment of rates,
and, whore a body of persons, Corporate or unincorporate, is
rated, shall be served on the secretary or agent of such body of
persons; and where the hereditament by reason of belonging
to the Crown or otherwise is not rated, shall be served on the
chief local officer having the superintendence or control of such
hereditament.
§ |Scotland.]
6.) | Scotland.]
7.) [Ireland.]
8.) T3oth in England and Troland whoro a man inhabits any
dwelling house by virtue of any office, Service, or employment,
and is deemed for the purposes of this Act and of the Repre-
Sontation of the People Acts to be an inhabitant occupier of
such dwelling house as a tenant, and another person is rated or
liablo to be rated for such dwelling house, the rating of such
other porson shall for the purposes of this Act and of the
Representation of the Poople Acts be deomed to be that of the
inhabitant occupier; and the soveral enactments of the Poor
Rate Assossment and Collection Act, 1869, and other Acts
amending the same referrod to in the First Schedule to this Act,
shall for those purposes apply to such inhabitant occupier, and
in the construction of those enactments the word “Owner” shall
bo deemed to include a porson actually rated or liable to be rated
as aforesaid.
(9.) In any part of the United Kingdom where a man in-
habits a dwelling house in respect of which no person is rated
by reason of such dwelling house belonging to or being occupied
on behalf of the Crown, or by reason of any other ground of
oxemption, such person shall not bo disentitled to be registered
as a voter, and to vote by reason only that no one is rated in
rospect of such dwelling house, and that no rates are paid in
rospect of tho same, and it shall be the duty of the persons
making out the rate book or valuation roll to enter any such
dwelling house as last aforesaid in the rate book or valuation
roll, together with the name of the inhabitant occupier thereof.
(I.) The IRating Acts.] Tho Inglish onactments now (August, 1885) in
force, which aro referred to as the IRating Acts, appear to be : 14 & 15 Vict.
0, 14, post, l’art II., the l’oor Rato Assessment and Collection Act, 1869, ante,
p. 146, and the Assessed IRates Act, 1879, ante, p. 56; but see Sched. 1, and
hole to subs. (8.) of this section.
(2) It shall be the duty of the Overseers.] The duty of making inquiries as
to inhabitant occupiers of dwelling houses appears to be thrown upon the
9Worhoors for the purpose of aiding them in the performance of the duty
imposed upon them by s. 13 of the Parliamentary Registration Act, 1843 (as
ºuended and applied to counties by s. 30 of the Ropresentation of the People
Act, 1867, p. 127, and H. 1 of the IRegistration Act, 1885, p. 165, and see p. 187),
ºf plucing upon the register persons ontitled to be registored under s. 3 of the
Act of 1867, and s. 2 of the Act of 1884. As to mode of making the inquiry
ºn years subsequent to 1885, see Ss. 23-25 of Part II, of Sched, 2 to the Itegis-
F
48 Vict. c. 3,
s. 9.
... --...------> → -ºs-ºse sº-º-º-º-º-º-º-"
Rating.
Service occu-
pation.
Crown, &c.,
occupation.
66
PART I.—QUALIFſCATION OF ELECTORS.
48 Vict. c. 3,
S. 9.
•-rºr -º-º: * ~-º-º-º-º-º-º-º-º:
Jęuting.
**-*-----, ----------esº-, *-* = <=
Saving
for oxisting
Tights.
tration Act, 1875 (Counties), and ss, 23–25 of Part II. of Sched. 3 to the same
Act (Boroughs).
(3.) The Overseers may serve.] By subs. (2) the overseers have the duty
legally imposed upon them of inquiring as therein mentioned, and the present
subsection merely suggests a mode, permissive and not obligatory, in which the
inquiry may be carried out : the special direction being given in S. 25 of the
procepts contained in Schods, 2 and 3 of the Registration Act, 1885, that tho
roquisition specified in Sched. 3 should not be served unless the overseers
have reasonable ground to believe that there is some inhabitant occupier
entitled to vote beside the person on whom the requisition would be sorved.
IIe shall be liable on 8wmmary conviction.] There is no general section in
the Act similar to s. 54 of the Corrupt Practices Act, 1883, and to other
enactments regulating the mode of Procedure, and it is doubtful whether and
how far the Summary Jurisdiction Acts of 1848 (11 & 12 Vict. c. 49) and of
1879 (42 & 48 Vict. c. 49) could be held to apply so as to give justices of the
peace jurisdiction to convict. If thoy apply, there is no appeal from justices
to quarter sessions.
Guilty of a breach of duty..] Soo s. 28 of the Registration Act, 1868, and
S. 51 of the Tegistration Act, 1843, post, Part II., “IRegistration of Electors.”
The fine of forty shillings would seem to be the only penalty to which the
overseers would be liable, and it would be in the discretion of the revising
barrister to impose it or not. The performance of the duty could also perhaps
be enjoined by mandamus.
(4.) The notice may be served in manner provided by the Representation of
the People Acts.] See 5. 28 of the Act of 1867, p. 126, post, and s. 10 of the
Parliamentary and Municipal IRegistration Act, p. 143, post.
(8.) Service occupation.] See S. 3, and notes thereto.
And the 8everal enactments, &c.] On reforence to the first schedule it will
be seen that the heading is “IEnactments applied to Ireland;” but there is
no doubt that the wording of the latter part of this section is general, and but
for the leading would apply those enactments to England also. A heading
is part of a statute (see Eastern Counties Rly. Co. v. Marriage, 9 H. L. 41), in
which case, however, the heading was grammatically connected with the part
headed. The doubts whether the section or the schedule is to prevail are of
little moment, as the enactments scheduled apply to England by virtue of
s, 11, and the “modification” of s. 27 of the Representation of the People
Act described in the note must in any case be disregarded in respect to
Fingland, as is shown by Forms C., No. 1, in the schedules to the Registration
Act, 1885, not altering the dates in pursuance of the modification.
(9) Crown occupation.] Premises belonging to, or occupied on behalf of,
the Crown are not rateable: Amherst v. Somers, 2 T. R. 372; this exemption
extending to include assizo courts: Reg. v. St. Martin's Leicester, L. R. 2
Q. B. 493; 36 L. J. M. C. 99; 16 L. T. 625; 16 W. I. 1096; and post
offices: Smith v. Birmingham Guardians, 7 E. & B. 483; 25 L. J. M. C. ſo5;
nor is property not capable of being beneficially occupied: Reg. v. Metro-
politan Board of Works, L. R. 4 Q. B. 15; but with these two exceptions all
property, though held for public purposes and though not actually beneficial
to the occupier, is rateable : Jones v. Mersey Docks, 11 H. L. 443; 35 L. J.
M. C. 1, unless it be specially exempted by statute, as is the case with
scientific and literary institutions, under 6 & 7 Vict. c. 36 (as to which see
Iteg. v. Institution of Civil Engineers, 5.Q. B. D. 48), and with Sunday and
ragged schools, under 32 & 33 Vict. c. 40, under which the rating authority
has a discretion either to rate such schools or not : Bell v. Crame, L. R.
8 Q. B. 481.
10. Nothing in this Act shall deprive any person (who at the
date of the passing of this Act is registered in respect of any
qualification to vote for any county or borough), of his right
REPRESENTATION OF THE PEOPLE ACT, SEC. 10–SAviNgs.
67
to be from time to time registered and to vote for such county
or borough in respect of such qualification in like manner as if
this Act had not passed.
IProvided that where a man is so registered in respect of the
county or borough occupation franchise by virtue of a qualifica-
tion which also qualifies him for the franchise under this Act,
he shall be entitled to be registered in respect of such latter
franchise only.
Nothing in this Act shall confer on any man who is subject
to any legal incapacity to be registered as a voter or to vote,
any right to be registered as a voter or to vote.
The Act was passed on the 6th of December, 1884. The º
preserved by this section are the qualification by rent-charge and the qualifi-
cation by tenancy in common and joint tenancy, both taken away for the
future by S. 4 of the Act, ante. *
Legal incapacity.] See note to s. 3 of the Act of 1867, ante,
11. This Act, so far as may be consistently with the tenor
thereof, shall be construed as one with the Representation of the
People Acts as defined by this Act; and the expressions “Elec-
tion,” “County,” and “Borough,” and other expressions in this
Act and in the enactments applied by this Act, shall have the
same meaning as in the said Acts.
Provided that in this Act and the said enactments—
The expression “Overseers” includes assessors, guardians,
clerks of unions, or other persons by whatever name known,
who perform duties in relation to rating or to the registration
of voters similar to those performed in relation to such matters
by overseers in England.
The expression “Rent-charge” includes a fee farm rent, a feu
duty in Scotland, a rent seck, a chief rent, a rent of assize, and
any rent or annuity granted out of land.
The expression “Land or Tenement” includes any part of a
house separately occupied for the purpose of any trade, business,
or profession, and that expression, and also the expression
“IIereditament,” when used in this Act, in Scotland includes
“land and heritages.”
The expressions “Joint Tenants” and “Tenants in Common"
shall include “pro indiviso proprietors.”
[Scotland and Ireland.]
For definition of “Representation of the People Acts,” see s. 8, subs. 3,
(thle, -
Land or Tenement.] See s. 5 and note, ante.
12. Whereas the franchises conferred by this Act are in sub-
Sitution for the franchises conferred by the enactments men-
tioned in the first and second parts of the Second Schedule
hereto, be it enacted that the Acts mentioned in the first part
of the said Second Schedule shall be repealed to the extent in
the third column of that part of the said schedule mentioned
48 Vict. c. 3,
s. 10.
*-**m-sº-
Savings.
Construction
of Act.
“Overseers.”
“Rent-
charge.”
“Iland or
Tenement.”
Repeal of
ss. 20, 27 of Act
of 1832, and
of s. 6 of Act
of 1867.
In 2
68 PART I.-QUALIFICATION OF ELECTORS,
48 Vict. c. 3, except in so far as relates to the rights of persons saved by this
s. 12. Act; and the Acts mentioned in the second part of the Said
Second Schedule shall be repealed to the extent in the third
column of that part of the said schedule mentioned except in So
far as relates to the rights of persons saved by this Act and
except in so far as the enactments so repealed contain conditions
made applicable by this Act to any franchise enacted by this
Act.
The superseded sections are s. 27 of the Reform Act, 1832, and s. 6 of the
Tèepresentation of the I’eople Act, 1867; and, inabnuch as these repealed
Sections contains “conditions as to period of occupation, &c.,” of vital impor-
tance, the repeal is to a great extent a nominal repeal only. See notes to s. 27
of the Act of 1832, and s. 6 of the Act of 1867.
Commence- 13. This Act shall commence and come into operation on the
ment of Aºt first day of January one thousand cight hundred and eighty-
on st of Jan., five :
1885. - -
I’rovided that the register of voters in any county or borough in Scotland
made in the last-mentioned year 8hall not come into force until the 18t of
January, 1886, and wntil that day the previous register of voters 8hall continue
$n force.
Iłys, 10 of the Registration Act, 1885, any inhabitant occupier within the
meaning of s. 3 of this Act “shall be qualified to be registered” as if the provi-
sions of this Act had been in force throughout 1884, and had been duly carried
into effect.
Iły s. 31 of the Redistribution of Seats Act, 1885, the Register in Scotland
mado in 1885 comes into force on 1st of November, 1885. f
Repeals.
*-*-es-en-
FIRST SCHIET) ULE.
Section 9.
ENACTMENTS APPLIED TO IRELAND.

Session and º \ -
º Title. lºmactments applied,
Chaptor. -
32 & 33 Vict. The Poor Rate Assessment | Section seven; section eight;
c. 41. and Collection Act, Section nine; section ten,
1869. and the enactment of the
l{epresentation of the
l’eople Act, 1867, therein
referred to; section nine-
teen ; Section twenty, so
ſar as regards the defini-
tion of the word “owner.”
41 & 42 Vict. The Parliamentary and | Section fourteen.
c. 26. Municipal Registration
Act, 1878.
42 & 43 Wict. | The Assessed Rates Act, The whole Act.
c. 10. 1879.
REPRESENTATION OF THE PEOPLE ACT, 1884—SCHEDULEs. 69
- *** *** 48 Vict. c. 3,
M()DIFICATIONS. Schedules 1
# g tº g and 2. '
Any penalty recoverable on summary conviction may be recovered in &
accordance with the law relating to Summary convictions in Ireland.
In the above-mentioned enactment of the Representation of the People
Act, 1867, the thirty-first day of December shall be substituted for the
fiſth day of January, the first day of May for the first day of June, and
the twentieth day of May for the twenticth day of June.
Editors' Note.] See mote to S. 9 as to the application of this schedule to
England. The “above-mentioned” enactment of Act of 1867 is s. 28 as to
giving notice of rates in arrear. See that Section, p. 126.
SECOND SCHEDULE. Section 12.
PAIRT I.

Session and Title or Short Title. Extent of Repeal.
Chaptor.
2 & 3 Will. 4, An Act to amend the Re- || Section twenty, the words
c. 45. presentation of the “ or who shall occupy as
l’eople in Ingland and tenant any lands or tene-
Wales. ments for which he shall
be bomá ſide liable to a
yearly rent of not less
than fifty pounds.”
[Scotland.]
PART II.
sº and Title or Short Title. Extent of Repeal.
hapter.
2 & 3 Will, 4. An Act to amend the Re-| Scotion twenty-seven.
c. 45. presentation of the
People in Ingland and
Wales.
[Scotland.]
[Ireland.]
30 & 31 Vict, The Representation of the Section six.
c. 102. People Act, 1867.
[Scotland.]
[Ireland.]
*m-
70 PART I.—QUALIFICATION OF ELECTORS.
48 Vict. c. 3,
Schedule 3. THIRD SCHEDULE.
Requisition by FoEM OF REQUISITION By OvIRSEERS REQUIRING NAMES OF
Overseers. INHABITANT OCCUPIERS.
*-*-*-*. To E. F.
[See s. 9..] You are hereby required to fill up accurately the under-written form.
If this form is not returned to [us], accurately filled up, within twenty-
one days after the service hereof, you will be liable, under the Representa-
tion of the People Act, 1884, to a penalty not eacceeding forty Shillings.
Lated this day of 18 .
A.B.
C. D.
Overseers [or assistant overseer] for the parish of
Form of Return.
3.
... ... 2. - Surname and other Name of every
1. Situation or Pºscrº- man jo was on the fifteenth [or in
Property in respect | tion of every Dwell- English Counties or in Scotch Counties
of which the ing House, as defined . Boroughs last, or in Irish Counties
JPerson making the by the Hºprºtº- or Boroughs twentieth] day of July
Return is rated [or tion of the 1 eople last, and has been up to the date of
liable to be rated, Acts, forming p* the Return an Inhabitant Occupier
or occupier]. of the Property in of any Dwelling House in the
First Column. Second Čolumn.
I declare that the above is a true and complete return.
(Signed) JE. F.
J)ated the day of 18
Editors' Note.] This form, which by s.9 might be made use of by the over-
seers in the execution of a duty to be performed in April or May, is superseded
by Form A. in Schedules 2 and 3 (pp. 195, 218) of the Registration Act, 1885,
which received the Royal Assent on the 21st May, 1885, the new form differing
from the old one in altering “the last ’’ to “the 15th " July in column 3, in
order to conform to s. 12 of that Act, and also in adding very complete “in-
structions for filling up a form;” but the new form is not intended to be sent
in 1885. See the marginal note to the forms in the schedules to that Act,
pp. 195, 214,
REGISTRATION ACT, 1885, SECTs. 10, 12, 15.
71
48 Vict. c. 15. Registration Act, 1885.
[For other sections, see post, Part II., “Registration of Electors.”]
10. Any person deemed to be an inhabitant occupier under
section three of the Representation of the l’eople Act, 1884,
shall be qualified to be registered as if the provisions of that
Act had been in force throughout the year 1884, and had been
carried into effect.
12. Whereas by section seven of the Parliamentary and
Municipal Registration Act, 1878,” it is provided that every
period of qualification for parliamentary voters in parliamentary
boroughs which was then computed by reference to the last day
of July should be computed by reference to the fifteenth day of
July, and the said enactment extends to occupation voters in
parliamentary counties, and it is expedient to extend the same
enactment to all other voters in parliamentary counties: Be it
therefore enacted as follows:—
Every period of qualification as defined by the said Act for
any voter in a parliamentary county which is now computed
by reference to the last day of July shall, instead of being so
computed, be computed by reference to the 15th day of July.
15. From and after the passing of this Act, section seventy-
eight of the Act of Parliament passed in the second year of the
reign of his Majesty King William the Fourth shall be and the
same is hereby repealed.
Provided that no person shall be prevented by any other Act
from being registered as a parliamentary voter in respect of his
occupation of any chambers or premises in any of the colleges
or halls of the Universities of Oxford or Cambridge.
The 78th section of the Reform Act, 1832, ante, p. 27, repealed by this section,
provides that nothing in that Act shall entitle any person to vote for the city
of Oxford or the town of Cambridge “in respect of the occupation of any
chambers or premises in any of the colleges or halls of the Universities of
Oxford or Cambridge.” That section applies to the qualifications under the
Act of 1867: Bakewell v. Peters, L. R. 4 C. P. 539; 38 L. J. C. P. 266; 17
W. R. 970; 1 Colt. 251; and the occupier of a set of rooms within that section
Occupies a “dwelling-house,” not “ lodgings,” ib.
Shall not be prevented by any other Act.] It is conceived that any other
Act in pari materić is intended to be referred to, i.e. any other Act, such as
the Act of 1878, S. 43, p. 162, and the Cambridge Award Act, 1856, 19 Vict.
c. xvii. s. 35, by which “no member of the University [of Cambridge] or of
any College shall, by reason of any rate on the property occupied by the
University or by the College, be entitled to be registered as an elector of the
borough,” disqualifying the university men as such, and not any Act affixing
qualifications such as full age and a certain period of residence to electors in
general. The question, therefore, may perhaps arise in some cases how far
an undergraduate being in statu papillari, and who, therefore, though having
exclusive possession of his rooms in law, might in some cases occupy them in
fact during term time by leave only from the college authorities, can acquire a
residential qualification. See, on this point, Ford v. Hart, L. R. 9 C. P. 273,
and other cases cited in the notes to s. 27 of the Act of 1832 and s. 3 of the
Act of 1867. -
48 Vict. c. 15,
ss. 10, 12, 15.
Operation of
Act of 1884
throughout
1884.
Period of
qualification in
counties.
* p. 56.
Repeal of
S. 78 of
Reform Act,
1832, as to
Universities.
72
PART I.--, QUALIFICATION OF ELECTORS.
48 & 49 Vict.
c. 23.
Successive
occupation
in divided
borough.
Enfranchise-
ment of certain
persons dis-
qualified for
corrupt prac-
tices.
Disqualifica-
tion of certain
voters for cor-
rupt practices.
48 & 49 Vict. c. 23. [Redistribution of Seats Act, 1885.]
[For other sections of this Act, see post, Part IV., “IElectoral Areas.”]
10. The occupation in immediate succession of different
premises situate within a parliamentary borough shall, for the
purpose of qualifying a person for voting in any division of
such borough in 1espect of occupation (otherwise than as a
lodger), have the same effect, as if all such premises were
situate in that division of the borough, in which the premises
occupied by such person at the end of the period of qualification
are situate.
See s. 28 of the Act of 1832, p. 19, s. 26, of the Act of 1867, p. 42, and as
lodgers, see s. 6 of the Act of 1878, p. 56, from which it will be seen that
the lodger's “Successive occupation” must be of lodgings in the same house.
27. The Acts mentioned in the first part of the Eighth
Schedule to this Act, whereby certain persons reported guilty
of corrupt practices are declared not to have certain rights of
voting, are hereby repealed to the extent in the third column
of that schedule mentioned.
The English Acts mentioned in the first part of the Eighth Schedule are the
Act of 1867, SS. 13, 14, 15, and 16 (p. 41), as to persons in Totnes, Great
Yarmouth, Lancaster, and Reigate; 33 & 34 Vict. c. 21, ss. 2, 3, 4, and 5, as
to persons in Bridgwater and Beverley; and 33 & 34 Vict. c. 25, and 34 & 35
Vict. c. 77, as to persons in Norwich.
28.-(1.) Whereas commissioners appointed by her Majesty,
in pursuance of addresses from both Houses of Parliament in
the year one thousand eight hundred and eighty, reported that
at Parliamentary elections for the boroughs named in the second
part of the Eighth Schedule to this Act, the persons named in
the schedules to the said reports had been guilty of corrupt
practices, be it therefore enacted, that—
Where in any of the schedules to the said reports a person is
named as having been guilty of any bribery, treating, or perso-
nation at an election held in the year one thousand eight hundred
and eighty for the parliamentary borough therein mentioned,
that person shall be incapable during the period of seven years
next after the presentation of the said reports respectively:
(a.) Of being registered as a voter and of voting at any par-
liamentary election for the county or division of a
county in which the said borough, or any part thereof,
is situate, in respect of any qualification situate within
the borough : and
(b.) If the parliamentary borough continnes to return a
member or members to serve in Parliament, of being
registered as a voter and of voting, at any parliamen-
tary election for such borough.
(2.) Section thirty-nine of the Corrupt and Illegal Practices
Prevention Act, 1883, shall apply to every person disqualified
under this section for being registered as a voter. *
MEDICAL RELIEF DISQUALIFICATION REMOVAL ACT, 1885.
73
(3.) Any person named in any of the said schedules to the said
commissioners' reports against whom any criminal proceeding
has been instituted for the corrupt practice referred to in the
schedule, within the time limited for the purpose, and who has
been acquitted, shall not be subject to any disqualification under
this Act. -
(4.) Any copy of a report of the said commissioners, and of
the schedules annexed to that report, if purporting to be printed
by any printer to her Majesty, or under the authority of her
Majesty's Stationery Office, shall be sufficient evidence of the
said report and schedules.
The boroughs named in the second part of the eighth schedule are Boston,
Canterbury, Chester, Gloucester, Knaresborough, Macclesfield, Oxford, and
Sandwich.
48 & 49 Vict. c. 46.
. An Act to Prevent Medical Relief disqualifying a person
from voting. [6th August, 1885.
BE IT ENACTED, as follows; (that is to say,) -
1. This Act may be cited as “The Medical Relief Disqualifi-
cation Removal Act, 1885.”
It was stated by Mr. Balfour in the House of Commons that from statistics
collected by the Local Government Board it appeared that the number of
persons receiving medical without other outdoor relief would be on an average
about two in a thousand,
2.—(1.) Where a person has in any part of the United
Kingdom received for himself, or for any member of his family,
any medical or surgical assistance,” or any medicine at the
expense of any poor rate, such person shall not by reason
thereof be deprived of any right to be registered or to vote
either—
a.) as a parliamentary voter; or
§ as a voter at any municipal election; or
c.) as a burgess; or
(d.) as a voter at any election to an office under the provi-
sions of any statute ;
but nothing in this section shall apply to the election—
a.) of any guardian of the poor; or
§ of any member of any parochial board in Scotland; or
of any other body acting in the distribution of relief to
the poor from the poor rate.
(2.) Every person shall be qualified to be registered as a
Voter and to vote as aforesaid who would be so qualified if the
provisions of this Act had come into force on the fifteenth day
of July one thousand eight hundred and eighty-four.
C.
Medical relief would have been but for this Act “parochial reliof,” so as
to disqualify under s. 36 of the Reform Act, 1832, p. 25, and S. 40 of the Act
48 & 49 Vict.
c. 23.
48 & 49 Wict.
c. 46.
Short title.
Medical relief
not to dis-
qualify.
* S. 4.
73 a
PART I.--QUALITICATION Ol' ICLECTORS.
48 & 4) Wict.
c. 46.
Registration in
1885.
()verseers to
publish list of
persons
objected to or
omitted for
medical relieſ.
lčovising bar-
rister to retain
names unless
objected to.
('laim by
person onlillod.
lnsertion of
names in
regisler.
Precepts ſo
() VC)'H(\{}l’S,
of 1867, p. 43, which applied s. 36 of tho Act of 1832 to countios, and the
disqualiſication roHullod from relioſ to a man's family (Soo SH 50 and 57 of tho
Toor I law Amondment Act, 1834, 4 & 5 Will. 4, c. 76, cited in the note to
H. 36 of the Reſorm Act, 1832, p. 25), as woll as from relief to himself.
At the carpense of any poor rale, TheHo words will mako tho Act applic-
ablo to patients in hospitals provided under H. 131 of tho Public Health Act,
1875, 38 & 39 Vict. c. 55; bul will provenſ the romoval of [ho disqualiſion-
tion in [ho caso of perHous roceiving medical rolief from hospitals Hupported by
voluntary contributions, Huch porsonh boing upturt from this Act (linqualified
its rocipionth of “alms.” As ſo treatmont, in metropolitan hospitals, 800
46 & 47 Vict. c. 35, H. 7, p. 57, (wnlo.
I’iſteenth of July.] The 15th of July, 1884, was the ſlrst day of the
“qualifying poriod " for rogistration in 1885. Soo s. 7 of the Act of 1878,
p. 56, and H. 12 of the Tºegistration Act, 1885, p. 173, and tho Toforoncos in
tho nolob thorolo.
3.—(1.) In the year one thousand oight hundred and eighty-
five, in England, where the overseers have entered “objectod.”
against the names of any porsons in the list of ownership voters
or in tho old lodgors list, or have omitted the names of any
votors from any list of voters made by them, and such entry or
omission has boom made on tho ground only of those persons
having recoivod Huch medical or surgical assistance or medicino
as in this Act montionod, and such namos would not if this Act
had proviously passed havo boom so objected to or omitted, the
overHoors shall make a list of such persons, and such list shall
bo published, rovisod, and dealt with in all respects as if it were
part of the list of claimants in respoct of the occupation of
proporty with the qualifications following (namely):—
The revising barristor shall, without the appearance of or any
roof by any such person, rotain his name in the list made
i. the Ovorsoors under this section, unless he is objected to,
and the objector proves that such person is not entitled to
be registored ; and if such objection is made the rovising
barrister shall, notwithstanding the absence of the said
łº, take the evidence of the overseers as to his right to
jo registored.
Any portion whoso namo ought to havo boon inserted in tho
list made by tho oversoors under this Hoction, and has been
omitted thorofrom, may claim to have his namo insorted in
the lists of votors by giving to the overseers, within six
days aſſor the publication of such lists, notice of such claim
in the manner and form provided by law with rospect to
othor claims, and the overseers shall produce all such claims
to tho revising barristor, and he shall roviso and deal with
tho Ramo in like manmor as with ordinary claims.
(2.) The clork of tho peaco or town clerk shall insert in their
proper place in thorogistor the names of the porsons in the said
list, whom revisod.
(3.) I'vory clerk of the peace and town clerk acting under
the Acts rolating to the registration of parliamentary votors
shall forth with aſter tho passing of this Act issue precepts to
MIDICAI, IRISLIII, DISQUALITICATION RIGMOVAL ACT, 1885.
73 b
the overseers informing them of their duties under it; provided
that this Act shall not be construed to create any disability
where such disability does not now exist.
Tho object of this 80ction is to give effect to Hubs, 2 of 8. 2, which merely
qualiſles for registration, Boeing that unless th9 persons objected to or omitted,
as montioned in this 80ction, aro rogisterod, they will not become cntitled to
volo. Soo 8, 7 of tho T3allot Act, 1872, p. 435.
Where the overseers have entered “objected to.”] AB to objections by over-
Boors to ownership votors, Boo H. 5 of the Registration Act, 1843, p. 76; and
as to objections to “old lodgors,” 800 s. 22 of the Iłogistration Act, 1878,
p. 150.
Or have omitted.] I'or duty of oversoors to insert names of all occupier8
“entitled” to voto, 800 H. 13 of tho TRogistration Act, 1843, p. 80, 8.30 of the
JRopresentation of the l’oople Act, 1867, p. 127, par. 34 of County I’recept,
p. 187, and par. 30 of Iłorough Procept, p. 215.
Such list shall be published, &c.] I'or publication of list of claimants, sco
8. 18 of Iłogistration Act, 1843, p. 83; 8, 30 of Iłopresentation of the People
Act, 1867, p. 127; par. 42 of County Precept, p. 188; par. 35 of Borough
I’recept, p. 216.
As to time of publication, seo S. 24 of Act of 1843, p. 85; but by 8. 26 of the
Hamo Act, p. 86, the barristor must roviso the lists, if they be published for
any time.
ſłevised . . . as part of the list of claimants.] This involves objections being
made by notico to tho revising barristor (p. 92) without notice to tho over-
SOCrs, both in tho case of tho overseers' and claimants' lists.
Any person . . . may claim..] I'or manner and form of other claims, see
I'orm II., No. 1, p. 200; K., No. 2, p. 202; II., p. 225; and 8, 10 of the IRogis-
tration Act, 1885, p. 176.
The clerk of the peace . . . shall inserl.] Soe S. 4, subs. 5, of the IRegistra-
tion Act, 1885, p. 167.
Precepts to overseers.] I'or the original procepts, sco pp. 180, 208. Sup-
plemental procopts wore also directed to be sont under the Iłedistribution of
Soats Act, s. 19, p. 239.
4. The term “medical or surgical assistance" in this Act
shall include all medical and surgical attendance, and all matters
and things supplied by or on the recommendation of the medical
officer having authority to give such attendance and recommen-
dation at the expense of any poor rate.
Tho modicul oſticor appoats to have no logal authority under any orders of
the Local Govornment 13oard to order any articles of diet at the oxpense of
the poor rate for his patients, and “any directions that ho may give to that
oflocſ will only amount to an expression of opinion on his part that relief in
food or other necessaries is roquired.” Soo Glon's Poor Law Orders, 8th od.,
A.D. 1879, p. 137. In strictness, therefore, a recommendation of articles would
bo given without legal authority, unless the guardians had beforehand
roquehled tho modical oſllcor to mako such recommondation as he should
consider nocossary.
48 & 49 Vict.
c. 46.
Definition of
medical and
surgical
assistance.
74
PART II.-REGISTRATION OF ELECTORS.
6 Vict. c. 18.
P A R T II.
REGISTRATION OF ELECTORS. -
6 Vict. c. 18 . . . Parliamentary Registration Act, 1843–Prepara-
tion of lists of voters—Tevision—Appeal from
revising barrister by case . . . . . . .
14 & 15 Vict. c. 14 . Itegistration of compound householders . . . 120
28 Vict. c. 30 . . . Statement of grounds of objection—Declarations
as to change of abode, and by persons objected to 121
29 & 30 Vict. c. 54 . As to corrupt practices commissioner . . . . . 126
30 & 31 Vict. c. 102, Notice of rates in arrear—Preparation of lists for
ss. 30–2. counties—Expenses . . . 126
31 & 32 Vict. c. 58 . Parliamentary Electors Registration Act, 1868–
Recovery of expenses—Production of rate books 130
36 & 37 Vict. c. 70 . Revising Barristers Act, 1873—Number of revising
barristers—Evening sittings—Adjournment . 134
37 & 38 Vict. c. 53 . Revising Barristers Act, 1874—Qualification of
revising barrister, and payment of substitute . 137
41 & 42 Vict. c. 26 . Parliamentary and Municipal Registration Act,
1878–Contemporaneous revision of parliamen-
tary and municipal lists in parliamentary
boroughs—Powers and duties of revising bar-
rister—Appeal, where case refused . . . . . 139
44 & 45 Vict. c. 68, Judicature Act, 1881—Appeal from High Court
S. 14. to Court of Appeal. . . . . . . . . . 163
48 Vict. c. 15 . . Registration Act, 1885–Uniformity of procedure
for revision of county and borough lists—
Alteration of dates—Forms . 163
48 & 49 Vict. c. 23 . Redistribution of Seats Act, 1885—Registration in
divided borough, &c.—Acceleration of registra-
tion in 1885 . . . . . . . . . . 236
48 & 49 Vict. c. 57 . Revising Barristers Act, 1885 . . . . . . 243
6 Vict. c. 18. .
PARLIAMENTARY REGISTRATION ACT, 1843.
An Act to amend the Law for the Registration of Persons
entitled to vote, and to define certain Rights of voting,
and to regulate certain Proceedings in the Election of
Members to serve in Parliament for England and
Wales. [31st May, 1843.
“Whereas an Act was passed in the second year of the reign
of his late Majesty, intituled An Act to amend the Representa-
tion of the People in England and Wales: And whereas it is
expedient to explain and amend some parts of the said Act, and
to make further and other provisions relating to the registration
of persons entitled to vote in the election of members to serve
in Parliament for England and Wales; And whereas it is recited
in the said Act, that ‘it was expedient to form a register of all
persons entitled to vote in the election of a knight or knights of
the shire to serve in any future Parliament;' and divers clauses
and provisions were in and by the said Act enacted, for the
PARLIAMENTARY REGISTRATION ACT, 1843.
75
purpose of forming a register of all persons entitled to vote in
the election of a knight or knights of the shire to serve in any
future Parliament for any county, or for the riding, parts, or
division of any county, and also for the purpose of forming a
register of persons entitled to vote in the election of a member
or members to serve in any future Parliament for any city or
borough, and for the defraying of the expenses to be incurred
thereby, and for the appointment and payment of revising
barristers;” BE IT THEREFORE ENACTED, that—
1. The said clauses and provisions of the said Act so enacted
for the purpose of forming a register of all persons entitled to
vote in the election of a knight or knights of the shire to serve
in Parliament for any county, or for the riding, parts, or division
of any county, and for the purpose of forming a register of all
persons entitled to vote in the election of a member or members
to serve in Parliament for any city or borough in England and
Wales, and for the defraying of the expenses to be incurred
thereby, and for the appointment and payment of revising
barristers, shall be and the same are hereby repealed, except as
to any register heretofore made.
Prior to the Reform Act, 1832, there was no system of registration. The
registration clauses of the Reform Act, 1832, did not provide for an appeal
from the revising barrister, and were also defective in not providing precepts,
and in other minute particulars.
2. This Act shall come into force on the first day of June
next, and shall thenceforth be taken to be part of the said Act
as fully as if it were incorporated therewith.
3. And whereas, for the purpose of forming a register of all
persons entitled to vote in the election of a knight or knights
of the shire to serve in Parliament, it is expedient that lists
should annually be made out in manner hereinafter mentioned:
Be it therefore enacted, That the clerk of the peace for every
county shall cause a sufficient number of forms of precepts,
notices, and lists to be printed, according to the respective Forms
numbered (1.2. 3. 6.) in the Schedule (A.) and of the Table num-
bered (1.) in the Schedule (D.) to this Act annexed, and shall
also, on or before the tenth day of June * in every year, make
and cause to be delivered to the overseers of the poor of every
parish and township within his county his precept, according to
the Form numbered (1.) in the said Schedule (A.), together with a
sufficient number of the said printed forms of notices and lists,
and of the copies of such part of the register of voters then in
force for such county as shall relate to such parish or township
respectively, and of the said Table, for the purposes hereinafter
mentioned.
By s. 101, “Clerk of the Peace” includes a deputy. The forms prescribed
by this section are superseded by the forms prescribed by s. 18 of the Act of
1885, and Sched. 2. For form of precept under that Act, see p. 180, and for
list of forms generally, see p. 164. By S. 7 of that Act the precepts were
directed to be sent within twelve days after the passing of that Act (which
6 Wict. c. 18.
Repeal of
registration
provisions of
Reform Act,
1832.
Act to
be read
with Reform
Act, 1832.
Counties.
Clerk of the
Peace to have
Precepts, &c.,
printed, and
to issue them
to overseers.
* Now 15th
April.
76
PART II. REGISTRATION OF ELECTORS.
6 Vict. c. 18.
Counties.
Overseers to
publish notice
annually,
requiring
voters to send
in their
claims.
Overseers to
prepare lists
of claimants.
passed on the 21st of May, 1885), in the year 1885, and on or within seven
days before the 15th April in any subsequent year.
4. The overseers of the poor of every parish and township
shall, on or before the twentieth day of June in every year,
publish a notice, according to the Form numbered (2.) in the said
Schedule (A.), having first signed the same, requiring all persons
entitled to vote in the election of a knight or knights of the
shire to serve in Parliament in respect of any property situate
wholly or in part within such parish or township who shall not
be upon the register of voters then in force, and also all persons
so entitled as aforesaid, who being upon such register shall 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 about to be made, to
give or send to the said overseers, on or before the twentieth
day of July then next ensuing, a notice in writing, by them
signed, of their claim to vote as aforesaid; and every such
person, and any person who being upon such register may be
desirous to make a new claim, shall, on or before the said
twentieth day of July, deliver or send to the said overseers a
notice signed by him of his claim, according to the form of
notice set forth in that behalf in the said Form numbered (2.), or
to the like effect.
By s. 101, “Overseers” includes all persons (such as assistant overseers:
Points v. Attwood, 6 C. B. 38), executing the duties of overseers, and acts to
be done by overseers may be done by the major part.
As to publication of notice, see SS. 23, 24, post, and S. 9 of the Act of 1878,
applied to counties by s. 1, sub-SS. 1 and 2 of the Act of 1885.
Retain the same qualification.] These words do not include a successive
occupation of another farm in the same parish, although the description of
both farms would apply equally to either: Burton v. Gery, 17 L. J. C. P. 66,
5 C. B. 7. See further as to successive occupation, s. 73, post.
Deliver or send.] Claim addrossed “To the overseers of the township of
S.” held sufficient in a case where four overseers had improperly divided their
lists”; Elliott v. St. Mary's Carlisle Overseers, 16 L. J. C. P. 101; 4 C. B.
76. As to posting notice, see S. 100.
On or before 20th July.] If a claim be made after the 20th July, and the
overseers choose to waive the irregularity they may do so, and may place the
claimant on the list; and the revising barrister cannot expunge his name:
Leonard v. Alloways, 48 L. J. C. P. 81; 40 L. T. 197; Davies v. Hopkins,
27 L. J. C. P. 6. Service on Sunday, good: Rawlins v. West Derby Overseers,
2 C. B. 72.
The form prescribed by this section is superseded by Form No. 2 in Sched. 2
of the Act of 1885, p. 189, as prescribed by s. 18 of that Act.
5. The overseers of the poor of every parish and township
respectively shall on or before the last day of July in every
ear make out, according to the Form numbered (3.) in the said
Schedule (A.), an alphabetical list of all persons who on or before
the twentieth day of July then next preceding shall have
claimed as aforesaid ; and in every such list the Christian name
and surname of every claimant, with the place of his abode, the
nature of his qualification, and the local or other description of
PARLIAMENTARY REGISTRATION ACT, 1843.
77
the property, and the name of the occupying tenant thereof,
shall be written as the same are stated in the claim ; and the
said overseers, if they shall have reasonable cause to believe
that any person whose name shall appear in such list of claim-
ants, or in the copy of the register relating to their parish or
township, and received by them from the clerk of the peace, is
not entitled to have his name upon the register then next to be
made, shall add the word “objected ” before the name of every
such person on the margin of such list of claimants or the said
copy of register; and the said overseers shall also add the word
“dead" before the name of any person in the said copy of the
register whom they shall have reasonable cause to believe to be
dead; and the overseers shall cause a sufficient number of copies
of such list of claimants, and of the said copy of the register,
with all such marginal additions as aforesaid, to be written or
printed, and shall on or before the first day of August sign and
publish the same; and the said overseers shall likewise keep a
copy of such list of claimants, and of the said copy of the
register, with the marginal additions respectively as aforesaid,
signed by them, to be perused by any person, without payment
of any fee, at any time between the hours of ten of the clock in
the forenoon and four of the clock in the afternoon of any day,
except Sunday, during the first fourteen days after the same
shall have been published, and shall deliver written or printed
copies thereof, signed by them, to all persons applying for the
same, on payment of a price for each copy after the rate con-
tained in the Table numbered (1.) in the Schedule (D.) to this
Act annexed.
The form prescribed by this section is superseded by Form 3 in Sched. 2 of
the Act of 1885, p. 191. For obligation upon revising barrister to correct
proved mistake in list, see s. 28, subs. 1, of Act of 1878, p. 153, applied to
Counties by s. 1, subs. 2, of Act of 1885, p. 165.
On or before 20th July.] See note to last section.
6. The list of claimants (if any) so to be made out by the
overseers of every parish or township, together with the said
copy of the register, with the marginal additions respectively
as aforesaid, for the time being, relating to the same parish or
township, shall be deemed to be the list of voters of such parish
or township for the county within which such parish or town-
ship may be situate, for the purposes hereinafter mentioned.
As to conclusiveness of list, see Leonard v. Alloways, 48 L. J. C. P. 81,
cited in note to s. 4, ante.
7. In every year every person who shall be upon the register
for the time being for any county may object to any other person
upon any list of voters for such county as not having been en-
titled, on the last “ day of July then next preceding, to have
his name inserted in any list of voters for such county; and
every person so objecting (save and except overseers objecting
in the manner hereinbefore mentioned) shall, on or before the
twenty-fifth f day of August in such year, give or cause to be
6 Vict. c. 18.
Counties.
Overseers
may object to
any name ;
to add “dead ''
against any
name ;
to publish
lists of
claimants,
and register
as to their
own parish ;
to keep copies
for inspection
and sale.
List of
claimants
and register
to be deemed
list of voters.
Any person on
register may
object to any
person in list.
* Now 15th.
Notice of
objection.
f Now 20th.
78
PART II, REGISTRATION OF ELECTORS.
6 Vict. c. 18,
s. 7.
Counties
(Objections).
* Now 20th
Signature.
List of persons
objected to to
be published.
+ Now Aug.
29.
I Now after
Aug. 25.
given to the overseers of the poor of the parish or township to
which the list of voters containing the name of the person so
objected to may relate, a notice, according to the Form numbered (4.)
in the said Schedule (A.), or to the like effect; and the person so
objecting shall also, on or before the said twenty-fifth * day of
August, give or cause to be given to the person so objected to,
or leave or cause to be left at his place of abode, as described in
such list, a notice according to the Form numbered (5.) in the said
Schedule (A.), or to the like effect; and every such notice of
objection shall be signed by the party so objecting as aforesaid ;
and wherever the place of abode of the person objected to, as
described in the said list, shall not be in the parish or township
to which such list may relate, and the name of the occupying
tenant of the whole or any part of the qualifying property, to-
gether with his place of abode, shall appear in such list, the
person so objecting shall also, on or before the same day, give to
or leave, or cause to be given or left, at the place of abode of any
such occupying tenant, a duplicate notice, signed as aforesaid.
“Last” day of July altered to 15th day of July by s. 12, of the Act of 1885,
post, and “25th” altered to 20th August by s. 3 of the same Act, p. 167, post.
Forms superseded by Forms 4 and 5 in Sched. 2 of Act of 1885, p. 192, post.
As to stating grounds of objection, see Act of 1865, s. 5, p. 122.
On or before, &c.] It has been doubted whether the overseers can waive the
irregularity of a notice sent too late: see Godsell V, Innons, 17 C. B. 295; 25
L. J. C. P. 79, and notwithstanding Leonard v. Alloways, 48 L. J. C. P. 81,
decided on S. 4, ante, it is submitted that they cannot, on the ground that a
party objected to is entitled as of right to take advantage of every irregularity
of the party objecting. See s. 28, subs. 10, of the Act of 1885, p. 154:
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.
Notice to overseers.] Where more than one person is objected to, a separate
notice to the overseers in respect of each person is not necessary: Smith v.
Holloway, L. R. 1 C. P. 145; 35 L. J. C. P. 145; 19 L. T. 530; 17 W. R.
119; 1 H. & C. 54, though, of course, a separate notice must be given to each
person objected to. The objector himself must sign; signature by an agent
is insufficient : Toms v. Cwming, 7 M. & G. 88.
8. The said overseers shall in every year include the names
of all persons against whom notice of objection shall have been
given to them as aforesaid in that year in a list, according to the
Form numbered (6.) in the said Schedule (A.), and shall publish
such list on or before the first day of September f in such year,
and shall also keep a copy of such list, to be perused by any
person without payment of any fee, at any time between the
hours of ten of the clock in the foremoon and four of the clock in
the afternoon of any day except Sunday, during the first fourteen
days of the said month of September ; ; and shall deliver a copy
of such list to any person requiring the same on payment of a
price for each copy after the rate contained in the Täble num-
bered (1.) in the Schedule (D.) to this Act annexed.
Form superseded by Form 6 in Sched, 2 of Act of 1885, post. As to mode
of publication, see s. 23 of this Act. -
ist September altered to 25th August, and fourteen days after 25th August
PARLIAMENTARY REGISTRATION ACT, 1843.
79
substituted for first fourteen days of September by S. 3, Subs. 2, of the Act of
1885, post.
9. On or before the twenty-ninth * day of August in every
year, the overseers of every parish or township shall deliver to
the clerk of the peace of the county wherein the said parish or
township is situate the said copy of the register, and the said
list of claimants, with the marginal additions respectively as
aforesaid, and also a copy of the list of persons objected to, re-
spectively signed as aforesaid, and relating to their parish or
township.
25th August substituted for 29th August by s. 3, subs. 2, of Act of 1885,
p. 167.
10. And for the purpose of preparing like lists, and forming
a register of all persons entitled to vote in the election of a
member or members to serve in Parliament for any city or
borough, be it enacted, That the town clerk of every such city or
borough shall cause a sufficient number of forms of precepts,
notices, and lists to be printed according to the Forms numbered (1.
2. 3. 4.8.12.) in the Schedule (B.) and of the Table numbered (i.)
in the Schedule (D.) to this Act annexed, and shall on or before
the tenth day of June t in every year make, and cause to be
delivered to the overseers of the poor of every parish or town-
ship situate wholly or in part within such city or borough, or
within any place sharing in the election for such city or borough,
his precept according to the Forms numbered (1.) in the said Schedule
(B.), and also a sufficient number of the said printed Forms of
motices and lists, and of the said Table.
The forms in Schedule (B.) prescribed by this and the next section were
Superseded by forms under the Act of 1878, which forms are in their turn
superseded by forms under s. 18 of the Act of 1885. For form of precept,
sce Sched. 3 of that Act, p. 208, and forms of notices and lists, see p. 222.
By S. 7 of the Act of 1885, the precepts were directed to be sent within
twelve days after the passing of that Act (which passed on the 21st May,
1885), in the year 1885, and on or within seven days before the 15th April
in any subsequent year.
The forms of Table D. partly survive. See note to that Table, p. 119.
11. The overseers of every such parish or township shall, on
or before the twentieth day of June in every year, publish a
notice in writing according to Form numbered (2.) in the said
Schedule (B.), stating that no person will be entitled to have his
name inserted in any list of voters for the city or borough then
next to be made in respect of the occupation of premises of the
clear yearly value of not less than ten pounds, situate wholly or
in part within such parish or township, unless he shall pay,
on or before the twentieth day of July then next ensuing,
all the poor's rates and assessed taxes which shall have become
payable from him in respect of such premises during the twelve
* months next before the sixth day of April f then last
past. -
As to form, see note to last section. The substituted form is Form B. of
F *
6 Vict, c. 18.
Counties.
Lists, &c., to
be delivered
to the clerk
of the peace.
* Now 25th.
Boroughs.
Town clerk
to issue
precepts to
OWeI’Seel S.
+ Now 15th
April.
Overseers
publish to
notice as to
the payment
of rates and
taxes by £10.
occupiers.
| Now 5th
January,
80
PART II.-REGISTRATION OF ELECTORS.
6 Vict, c. 18.
Boroughs.
Overseers
may inspect
tax assess-
ments, &c.
List of
porsons in
arrear of
taxes.
* Now 5th
January.
Overseers to
prepare and
publish lists
of persons
(other than
freemen)
entitled to
vote,
Sched. 3 of the Act of 1885, p. 220. The 5th January is substituted for the
6th April by 11 & 12 Vict. c. 90, p. 33, ante.
12. The overseers of every parish or township, for their assist-
ance in making out the list of voters as hereinafter mentioned
(upon request made by them or any of them, at any time between
the hours of ten of the clock in the forenoon and four of the
clock in the afternoon of any day except Sunday, during the
month of July in every year, to any assessor or collector of taxes,
or to any other officer having the custody of any tax assessment
or duplicate for such parish or township), shall have free liberty
to inspect any such tax assessment or duplicate, and to extract
such particulars as may appear to such overseer or overseers to
be necessary; and every such assessor or collector of taxes shall,
within two days after the twentieth day of July in every year,
make out and deliver to the said overseers a list containing the
name and place of abode of every person who shall not have paid
on or before the said twentieth day of July the assessed taxes
which shall have become payable from him in respect of any
premises within the said parish or township during the twelve
calendar months next before the sixth day of April “ then last
past; and the overseers shall keep the said list, to be perused by
any person, without payment of any fee, at any time between
the hours of ten of the clock in the forenoon and four of the clock
in the afternoon of any day, except Sunday, during the first
fourteen days after the list of voters shall have been published,
as hereinafter mentioned.
5th day of January substituted for 6th day of April by 11 & 12 Vict. c. 90,
p. 33, ante.
13. The overseers of every such parish or township shall, on
or before the last day of July in every year, make out or cause
to be made out, according to the Form numbered (3.) in the Schedule
(B.) to this Act annexed, an alphabetical list of all persons who
may be entitled to vote in the election of a member or members
to serve in Parliament for such city or borough in respect of the
occupation of premises of the clear yearly value of not less than
ten pounds, situate wholly or in part within such parish or
township, and another alphabetical list, according to the Form
numbered º in the said Schedule (B.) of all other persons (except
freemen) who may be entitled to vote in the election of such
city or borough by virtue of any other right whatsoever, and in
each of the said lists the Christian name and surname of every
such person shall be written at full length, together with the
place of his abode and the nature of his qualification, and where
any person shall be entitled to vote in respect of any property,
then the name of the street, lane, and the number of the house
(if any) or other description of the place where such property
may be situate, shall be specified in the list; and the said over-
seers shall sign such lists, and shall forthwith cause a sufficient
number of copies of each of the said lists to be written or printed,
PARLIAMENTARY Itſ GISTRATION ACT, 1843.
81
and shall publish copies of the said lists on or before the first
day of August in such year, and shall likewise keep a copy of
each of the said lists, to be perused by any person without pay-
ment of any fee, at any time between the hours of ten of the
clock in the forenoon and four of the clock in the afternoon of
any day, except Sunday, during the first fourteen days after such
lists shall have been so published, and shall deliver copies thereof
to all persons applying for the same, on payment of a price for
each copy after the rate contained in the Table numbered (1.) in
the Schedule (D.) to this Act annexed.
As to forms, see note to s. 10. For substituted and new forms, see Forms
D. and E. to G. in Sched. 3 of the Act of 1885. For obligation upon revising
barrister to correct proved mistakes in lists, see s. 28, subs. I, of Act of 1878,
p. 153.
Shall sign.] This enactment is directory only, and therefore a list is valid,
though not signed by the overseers: Morgan v. Parry, 17 C. B. 334; 25 L. J.
C. P. 141; 2 Jur. (N.S.) 285.
14. The town clerk of every city or borough shall, on or
before the last day of July in the present and in each succeeding
year, make out, according to the Form numbered (5.) in the
said Schedule (B.), an alphabetical list of all the freemen of such
city or borough who may be entitled to vote in the election of a
member or members to serve in any future Parliament for such
city or borough, together with the respective places of their
abode, and shall sign such list, and cause copies thereof to be
written or printed, and shall publish the said list on or before
the first day of August in such year, and shall likewise keep a
copy thereof, to be perused by any person, without payment of
any fee, at any time between the hours of ten of the clock in the
forenoon and four of the clock in the afternoon of any day, except
Sunday, during the first fourteen days after such lists shall have
been published, and shall deliver copies thereof to all persons
applying for the same, on payment of a price for each copy after
the rate contained in the Table numbered (1.) in the Schedule
(D.) to this Act annexed.
Form No. 5 in Sched. B. (p. 115, post), does not appear to be superseded.
15. Every person whose name shall have been omitted in any
such list of voters for any city or borough so to be made out as
aforesaid, and who shall claim, as having been entitled on the
last day of July then next preceding, to have his name inserted
therein, and every person desirous of being registered for a
different qualification than that for which his name appears in
the said list, shall, on or before the twenty-fifth * day of August
in that year, give or cause to be given a notice, according to the
Form numbered (6.) in the said Schedule (B.) or to the like effect, to
the overseers of that parish or township in the list whereof he
shall claim to have his name inserted, or if he shall claim as a
fooman of any city or borough, or place sharing in the election
therewith, then he shall in like manner give or cause to be given
(l
6 Vict. s. 13,
c. 18.
Boroughs.
Copies of lists
to be kept for
inspection and
sale.
Town clerks
to publish
lists of
freemen.
Persons
omitted from
borough
lists to give
notice of
claim.
* Now 20th.
82
PART II.—TEGISTRATION OF ELICTORS.
6 Vict. c. 18,
s. 15.
J}oroughs.
Lists of
claimants to
be made.
Registered
electors and
claimants
may inspect
rate books.
Persons in list
may object to
others.
* Now 15th.
+ Now 20th.
Notice of
objection.
Signature.
to the town clerk of such city, borough, or place a notice accord-
ing to the Form numbered (7.) in the said Schedule (B.) or to
the like effect; and the overseers and town clorks respectively
shall include the names of all persons so claiming as aforesaid
in lists, according to the Forms numbered (8.) and (9.) respec-
tively in the said Schedule (B.).
For substituted form of notice, see Form H., No. 1, in Sched. 3 of Act of
1885, p. 225. For substituted forms of lists, see Form K. in the same schedule,
p. 229. Forms (7) and (9) as to freemen, p. 115, appear to be still in force.
16. It shall be lawful for any person whose name shall be on
any list of voters for the time being for any city or borough, or
for any person who shall have claimed to have his name inserted
in any such list, upon roquest made by such person, at any time
between the hours of ten of the clock in the forenoom and four
of the clock in the afternoon of any day, except Sunday, between
the tenth day of August and the last day of August, to any over-
seer or other officer having the custody of any poor-rate book,
to inspect such poor-rate book, and make extracts therefrom for
any purpose relating to any claim or objection made or intended
to be made by or against such persons; and every such overseer
or other officer as aforesaid is hereby required, upon such request
as aforesaid, to permit such inspection, and the making of such
extracts, without payment of any fee.
For power to inspect books containing rates within previous two years, see
s. 13 of Act of 1878, p. 144.
17. Every person whose name shall have been inserted in
any list of voters for any city or borough may object to any
other person as not having been entitled on the last “ day of
July next preceding to have his name inserted in any list of
voters for the same city or borough ; and every person so
objecting shall, on or before the twenty-fifth f day of August in
that year, give or cause to be given a notice according to the
Form numbered (10.) in the said Schedule (B.), or to the like effect,
to the overseers who shall have made out the list in which the
name of the person so objected to shall have been inserted, or
if the person objected to shall have been inserted in the list
of freemen of any city or borough, except the City of London,
them to the town clerk of such city or borough ; and every per-
son so objecting shall also give or cause to be left at the place
of abode of the person objected to, as stated in the said list, a
notice according to the Form numbered (11.) in the said Schedule (B.);
and every notico of objection shall be signed by the person
objecting.
“Last" day of July altered to 15th by s. 7 of the Act of 1878, post, and
25th altered to 20th of August by s. 3, subs. 1, of the Act of 1885, post.
As to form, see note to s. 10, and for new forms, see Form I. in Sched. 3 of
Act of 1885, p. 227.
By S. 26 of the Act of 1878, the notice must specify the grounds of objec-
tion, and the porson objected to need only defend his vote so far as it is
attacked on the ground specificd.
PARLIX MENTARY REGISTRATION ACT, 1843.
83
As to whether the overseers may waive the irregularity of a motice given
too late and as to other points, see note to S. 7, ante.
18. And be it enacted, That the said overseers shall include
the names of all persons so objected to in a list, according to the
Form numbered (12.) in the said Schedule (B.); and every town clerk
shall include the names of all persons so objected to as freemen
in a list, according to the Form numbered (13.) in the said
Schedule (B.); and the said overseers and town clerks respec-
tively shall sign each of the said lists, and cause copies thereof
to be written or printed, and shall publish the said list of per-
sons objected to, and the said list of claimants as aforesaid, on or
before the first day of September * in the said year; and shall
keep copies of the said lists, and shall allow the same, and also
the notices of objection which they shall have received, to be
perused by any person, without payment of any fee, at any
time between the hours of ten of the clock in the foremoon and
four of the clock in the afternoon of any day, except Sunday,
during the first fourteen days of Septembert in the said year,
and shall deliver copies of each of such lists to any person
requiring the same, on payment of a price for each copy after
the rate contained in the Table numbered (1.) in the Schedule
(D.) to this Act annexed.
25th August substituted for 1st September, and first fourteen days after
25th August substituted for first fourteen days of September by s. 3, subs. 2,
of the Act of 1885, post.
As to forms, see note to s. 10. For new form, see Form L. in Schedule
3 of the Act of 1885, p. 231. Form 13, p. 116, appears to be still in force.
As to place of publication, see s. 23 of this Act as amended by s. 9 of the
Act of 1878, and as to validity of list, notwithstanding imperfect publication,
See s. 26 of this Act,
19. The said overseers shall, on or before the twenty-ninth f
day of August in every year, deliver to the said town clerk a
copy of the said list of voters, made out by them as aforesaid,
and a copy of the said list of persons who shall have claimed as
aforesaid, and a copy of the list of persons objected to as afore-
Said.
25th substituted for 29th by s. 3, subs. 2, of the Act of 1885, post.
20. For providing a list of such of the freemen of the City
of London as are liverymen of the several companies entitled to
Vote in the election of a member or members to serve in Par-
liament for the City of London, the secondaries of the said city
shall, on or before the twentieth day of July in every year,
issue precepts to the clerks of the said livery companies requiring
them to make out or cause to be made out, at the expense of the
respective companies, an alphabetical list, according to the
Form numbered (1.) in the Schedule (C.)S to this Act annexed,
of the freemen of London, being liverymen of the said respective
Companies, and entitled to vote in such election; and every
Such clerk shall sign such list, and transmit the same, with two
6 Vict, c. 18.
Boroughs.
Ilist of persons
objected to.
Such lists
and lists of
claimants to
be published.
* Nou, 25th
August.
# Now after
Aug. 25th.
Overseers to
deliver lists to
town clerk.
i Now 25th.
Freemen and
liverymen of
the City of
London.
§ p. 117.
G 2
8.4 l?AIRT ||... — 18 ||(} [S'I'l'A' |"I () N () || ||,I) ()'1'()|RS.
6 Vict. c. 18, printed copies thereof, to the secondaries, on or before the last day
s. 20. of July, who shall forthwith fix one such copy in the Guildhall
and one in the IRoyal IOxchange of the said city, there to remain
fourteen days; and the clerks of the said livery companies shall
cause a sufficient number of copies of such lists of freemen and
liverymen of their respective companies to be printed, at the
expense of the respective companies, and shall keep and allow
the same to be perused by any person without payment of any
fee, at any time between the hours of ten of the clock in the
forenoon and four of tho clock in the afternoon of any day,
except Sunday, during fourteen days next after such lists shall
have been published, and shall deliver the same to any person
applying for the Same, on payment of a price for each copy after
the rate contained in the Table numbered (1.) in the Schedule
(I).) to this Act annexed ; and overy porson whose name shall
have been omitted in any such list of freemen and liverymen,
and who shall claim to have his name inserted therein, as having
been entitled on the last day of July them next preceding to
have his name insorted in such list, shall, on or before the
twenty-fifth day of August in such year, give or cause to be
given a notice according to the I'orm numbered (2.) in the said
Schedulo (().), or to the like effoct, to the secondaries and to the
clerk of that company in the list whereof he shall claim to have
his name inserted; and every person whose name shall have
boem inserted in any list of voters for the time being for the
Said city may object to any other person as not having been
entitled on the last day of July then next preceding to have his
name inserted in any such livery list ; and every person so
objecting shall, on or before the said twenty-fifth day of August,
give to such other porson, or leave at his place of abode, as
described in such list, a notice according to the Form numbered
(4.) in the said Schedule (C.), or to the like effect, and shall
also give to the Secondaries and to the clerk of that company in
the list whereof the name of the person objected to has been
inserted, notice according to the Form numbered (5.) in the
said Schedule (C.), or to the like effect; and the secondaries
shall include the names of all persons so claiming, and so ob-
jocted to as aforesaid, in two several lists, according to the
Forms numbered (3.) and (6.) in the said Schedule (C.), and
shall cause such last-mentioned lists to be fixed in the Guildhall
and Royal Exchange of the said city on or before the first day
of September, and shall likewise keep copies thereof, and allow
the same to be perused by any person, without payment of any
fee, at any time between the hours of ton of the clock in the
forenoon and four of the clock in the afternoon of any day,
except Sunday, during the fourteen days following the first
publication of the said list, and shall deliver copies thereof to
any person applying for the same on payment of a price for
each copy after the rate contained in the Table numbered (1.)
in the Schedule (D.) to this Act annexed.
(ſity of J.ondon.
PARLIAM ENTA IRY RE(; ISTIRATION ACT, 1843.
85
-- - -------- • ,--- ºr *-*...*----> --------- -
21. For all the purposes of forming a register of voters for
the borough of New Shoreham and for the borough of Cricklade
respoctively, under the provisions of this Act, all persons having
a right to vote for the borough of New Shoreham in respect of
any freeholds which may be situate in the borough of Horsham,
or for the borough of Cricklade in respect of any freeholds which
may be situated in the borough of Malmesbury, shall be inserted
in the same lists of voters respectively in which they are to be
inserted by the directions in that behalf of the said recited Act.
22. Every precinct or place, whether extra-parochial or other-
wise, which shall have no overseers of the poor, shall, for the
purpose of making any claim, and making out any list directed
by this Act, be deemed to be within the parish or township
adjoining thereto and sharing in the right of election to which
such claim or list may relate; and if such parish or place shall
adjoin two or more parishes or townships situated as aforesaid
it shall be deemed to be within the least populous of such
parishes or townships, according to the last census for the time
being.
23. Fvery notice, list, register, or other document herein
required to be published, shall be so published, except where
Some other mode or place of publication is herein expressly
provided, by being fixed in Some public and conspicuous situa-
tion on the outside of the outer door or outer wall near the door
of the buildings hereinafter named for that purpose; (that is to
Say,) in the case of publication by overseers, every church and
public chapel in their parish or township, including places of
public worship which do not belong to the Established Church,
and in the case of publication by a town clerk, the town hall, or
in either case, if there be no such building as is hereinbefore
named for that purpose, then in some public and conspicuous
situation within the parish or township, city, borough, or place
respectively.
For requirements of publication, see SS. 4, 5, 8, 11, 13, 14, and 18.
Iłys. 9 of the Act of 1878, p. 142, post, extended to counties by s. 1, subs. 2,
of the Act of 1885, p. 165, post, furthor publication at post offices and telegraph
offices is proscribed.
24. In all cases, in which any notice, list, register, or other
document shall, pursuant to the provisions aforesaid, be affixed
on or near the door of any church, chapel, town hall, or other
blace, the same shall continue so fixed for a period including
two consecutive Sundays at the least next after the day on or
before which the same is hereinbefore required to be published ;
and in case the same shall be destroyed, mutilated, effaced, or
removed before the expiration of such period, the party herein-
before roquired to publish the same as aforesaid shall, as soon as
Conveniently may be, publish in like manner in its place another
notice, list, register, or other document, to the like purport and
oftect with the notice, list, register, paper, or document so de-
stroyed, mutilated, effaced, or removed.
6 Vict. c. 18.
Boroughs.
Wreeholders in
Horsham and
Malmesbury.
Extra-
parochial
places.
Counties and
Boroughs.
Publication of
notice.
Time for
which publica-
tion shall be.
86
PART II.-REGISTRATION OF ELECTORS.
6 Vict, c. 18.
Cowntics and
Boroughs.
Penalty for
hindering
publication.
List not in-
validated by
imperfect
publication.
If no list
made out or
published,
former list to
be in force.
Lord Chief
Justice and
Judges of
Assize to ap-
point revising
barristers in
July or
August.
* See p. 243.
25. Every person who shall wilfully destroy, mutilate, efface,
or remove any notice, list, register, or other document so affixed
as aforesaid, during the period during which the same is herein-
before required to remain so affixed, shall for every such offence
forfeit any sum not exceeding forty shillings nor less than ten
shillings to any person who will sue for the same, to be re-
covered in a summary manner before any two justices of the
peace. -
26. No list shall be invalidated by reason that it shall
not have been affixed in every place and for the full time here-
in before required for publication thereof, but the barrister
shall proceed to revise and adjudicate upon every such list
which shall have been affixed in any place and for any part of
the time hereinbefore mentioned in that behalf; but nothing
herein contained shall be construed to exempt the overseer,
town clerk, or other person charged with the duty of publishing
such list as aforesaid from the penalties of his neglect or wilful
default.
As to penalties for neglect or wilful default, see SS. 51 and 97, post.
27. In case no list of voters shall have been made out for any
parish, township, or place in any year, or in case such list shall
not have been affixed in any place hereinbefore mentioned in
that behalf, the register of voters for that parish, township, or
place them in force shall be taken to be the list of voters for that
parish, township, or place for the year then next ensuing, and
the provisions herein contained respecting any such list of
voters shall be taken to apply to such register as aforesaid.
This is a parochial provision only, and if no list should have been made out,
&c., it is conceived that the register for each election area would have to be
made up in accordance with the provisions of the Redistribution of Seats Act,
1885. See that Act, p. 257. In such a case, however, voters newly entitled to
be registered by virtue of the Representation of the People Act, 1884, p. 59,
could neither be placed on any list, or on the register. -
28. The Lord Chief Justice of the Court of Queen’s Bench
shall, in the month of July or August in every year, appoint SO
many barristers as he shall deem necessary to revise the lists of
voters for that year for the county of Middlesex, and for the city
of London, the city of Westminster, and the several boroughs
in the county of Middlesex, and the senior Judge for the time
being in the Commissions of Assize for every other county,” shall
during the Summer Circuit in every year, appoint so many
barristers as he shall deem necessary to revise the lists of voters
for that year for every such county, or for the ridings, parts, and
divisions of every such county, and for the several cities and
boroughs in every such county, and for every city and town, and
county of a city and town, next adjoining to any such county;
and the town and county of the town of Kingston-upon-Hull
shall for this purpose be considered as next adjoining to the
PARLIAMENTARY REGISTRATION ACT, 1843.
87
county of York, and the town upon Berwick-upon-Tweed and
the town and county of the town of Newcastle-upon-Tyne as
next adjoining to the county of Northumberland, and the city
and county of the city of Bristol as next adjoining to the county
of Somerset; and the said Ilord Chief Justice and Judge re-
spectively shall in every year have power to appoint one or
more barristers to revise the lists for that year for the same
county, city, or borough, or other place as aforesaid, or one
barrister only to revise the lists for several counties, cities,
boroughs, and other places as aforesaid: Provided always, that,
except as is hereinafter provided, no greater number of barristers
shall be so appointed in any year than as follows, (that is to
say,) for the county of Middlesex, and for the city of London,
6 Vict. c. 18,
s. 28.
Number of
revising
barristers.
the city of Westminster, and the boroughs in the county of [See p. 135.]
Middlesex, three; for the counties, cities, boroughs, and places
within the Home Circuit, ten ; for the counties, cities, boroughs,
and places within the Western Circuit, fourteen; for the coun-
ties, cities, boroughs, and places within the Oxford Circuit,
twelve; for the counties, cities, boroughs, and places within the
Midland Circuit, eleven ; for the counties, cities, boroughs, and
places within the Norfolk Circuit, eight; for the counties, cities,
boroughs, and places within the Northern Circuit, fifteen ; for
the counties, cities, boroughs, and places within the North
Wales Circuit, six ; for the counties, cities, boroughs, and places
within the South Wales Circuit, six: Provided also, that no
barrister shall be so appointed who shall be of less than three *
years standing, or a member of Parliament, or who shall hold
any office or place of profit under the Crown, except the office
of recorder of any city or borough; but no such barrister shall
be so appointed for any city or borough of which he shall be the
recorder; and that no barrister appointed as aforesaid shall for
eighteen months from the time of his appointment be eligible to
serve in Parliament for any county, riding, parts, or division of
a county, or for any city, borough, or other place as aforesaid for
which he shall be so appointed.
By virtue of the Judicature Acts the Lord Chief Justice of England repre-
SČnts the Lord Chief Justice of the Court of Queen’s Bench.
By the Revising Barristers Act, 1885, p. 243, the senior judge actually
travelling circuit is the senior judge within this section. By the Revising
Barristers Act, 1873, 36 & 37 Vict, c. 70, p. 134, the number of revising bar-
listers may be varied from time to time by Order in Council. As to appointing
judge where borough in two circuits, see s. 25 of Act of 1868, p. 132.
By Order in Council of the 5th of February, 1876, under the Judicature
Act, the circuits were rearranged, and a consequential alteration in the
number of revising barristers was made by Order in Council of the 27th of
June, 1876, under the Revising Barristers Act, 1873, and a further Order
(see p. 135) on the 9th July, 1885, for the year 1885 only, but revoking the
Order of 1876.
The qualification of three years’ standing for a revising barrister is altered
to seven years by the Revising Barristers Act, 1874, 37 & 38 Vict. c. 53,
B. 138, post, repealing, but in this respect, re-enacting, the Revising Barristers
Act, 1872, 35 & 36 Vict, c. 84, -
Qualification.
* Now seven.
Disqualiffca-
tion for can-
didature.
88
IPART II.--IRIEGISTRATION () iſ I.I., E(JTOIRS.
6 Vict. c. 18,
s. 29.
J'evising
J}(t)'risters.
Additional bar-
risters in case
of need.
Barristers may
hold separate
Courts.
Barrister to
motify his ap-
pointment to
clerk of the
peace and town
clerks, who
are to trans-
mit to him
abstracts and
lists.
29. Notwithstanding anything hereinbefore contained, if it
shall appear to the Lord Chief Justice or Judge who shall have
appointed any barrister or barristers under this Act to revise
any list of voters, that by reason of the death, illness, or absence
of any such barrister or barristers, or by reason of the insuffi-
ciency of the number of such barristers, or from any other cause,
such list cannot be revised within the period directed by this
Act, it shall be lawful for such Lord Chief Justice or Judge,
and he is hereby required, to appoint one or more barrister or
barristers qualified as aforesaid to act in the place of or in
addition to the barrister or barristers originally appointed for
any county, city, or borough ; and such barrister or barristers
so subsequently appointed shall have the same powers and
authorities in every respect as if they had been originally
appointed by such Lord Chief Justice or Judge: Provided always,
that whenever any such additional barrister or barristers shall have
been appointed for the revision of the list of voters as aforesaid,
and that in consequence or by reason of such appointment the total
number of barristers appointed to revise in any one year shall ea:ceed
the whole number hereinbefore authorized to be appointed, the Commis-
sioners of her Majesty's Treasury shall cause an account of all such
appointments of additional barristers, and the sums respectively paid
to them, to be laid before each House of Parliament within twenty
days after the meat meeting of Parliament.
Proviso in italics repealed by Revising Barristers Act, 1874, 37 & 38 Vict.
c. 53, p. 138, post.
30. Where two or more barristers shall be appointed for the
same county, riding, parts, or division of a county, or for the
same city or borough, they may hold separate Courts at the
same time and place for the despatch of business, or may hold
separate courts at different times and places, as shall be deemed
most expedient.
Where two are appointed, one cannot review the decision of the other:
Blaim v. Pilkington, 34 L. J. C. P. 55; 18 C. P. (N.S.) 6; 11 L. T. 452;
13 W. R. 269.
31. Every such revising barrister shall notify his appoint-
ment to the clerk of the peace of every county, and to the town
clerk of every city and borough of which he shall be appointed
to revise the lists; and each clerk of the peace shall as soon as
possible transmit an abstract of the number of persons objected
to by the overseers and by other persons in each parish and town-
ship in and for the same county, and the town clerk of every
city or borough shall as soon as possible transmit an abstract
of the said several lists of claimants, and the lists of persons
objected to, in each parish or township in and for the same
city or borough, to the said barrister, in order that proper times
and places for holding courts for the revision of such lists re-
spoctively may be appointed.
As to duties of town clerk in a divided borough, see Redistribution of Soats
Act, 1885, s. 12, p. 236. -
REGISTRATION ACT, 1843—THE REVISION.
89
32. The barrister appointed to revise the lists of any county,
shall make a circuit and hold open courts for such revision at
each of the places which now are or hereafter may be appointed
as polling places for such county, and at any other places within
the said county which he shall think expedient, at convenient
times between the fifteenth day of September inclusive and the
last day of October inclusive in the then current year, and shall,
ten" days at the least before the holding of the first court of re-
vision, give notice to the clerk of the peace of the several times
and places at which the said courts will be holden, and of the
several parishes the lists of and for which will be revised at each
of the said courts; and the said clerk of the peace shall forth-
with cause public notice thereof to be given by advertisement
in one or more of the newspapers circulating within the said
county, and shall cause a sufficient number of copies of the said
notice to be written or printed, and shall deliver or send a copy
thereof to the overseers of every parish or township, and require
them to publish the said copy of the said notice, and to attend
at the court therein appointed for the revision of the list of
voters relating to their said parish or township, and the said
overseers shall forthwith publish the said copy of the said notice
accordingly.
As to courts in polling districts, see s. 34 of the Representation of the People
Act, 1867, p. 129, post, and s. 4, subs. 4 of the Act of 1885; and as to claim to
vote in particular polling district, see s. 36 of this Act.
By S. 4, subs. 1, of the Act of 1885, p. 167, the court may be held within
the same period as the court of Borough Revision [i.e. for revision of burgess
lists, between the 15th of September and the 12th of October, see s. 18 of the
Act of 1878], and 7 days' notice (as under s. 33 of this Act for boroughs) is
sufficient.
As to period of revision in the year 1885, see Redistribution of Seats Act,
1885, s. 30 (a), p. 241.
As to evening sittings, see s. 4 of the Revising Barristers Act, 1873,
36 & 37 Vict. c. 70, p. 134, post, and s. 4, subs. 3 of the Act of 1885, p. 167,
post, by which evening sittings are required in places being urban sanitary
districts containing more than 10,000 inhabitants.
33. The barrister or barristers appointed to revise the lists
of voters for any city or borough shall hold an open court or
courts for that purpose within such city or borough, and also
within every place sharing in the election for such city or
borough, between the fifteenth day of September inclusive and
the last day of October inclusive in the then current year, and
such barrister or barristers shall, seven days at the least before
holding any such court or courts, give motice to the town clerk
of such city or borough of the time and place of holding the same ;
and if such barrister shall, in his discretion, deem it expedient
to hold his courts at different times and places within the said
city or borough, the said barrister shall in such case give notice
to the said town clerk of such times and places so appointed, and
of the parishes allotted to each court; and the town clerk shall
forthwith publish a notice of the time and place of the holding
of every such court as aforesaid on the town hall, and on every
6 Vict. c. 18.
County
revision.
Notice of
Court to
clerk of the
peace, by
advertisement,
and to over-
SQQ1’S.
* Now Seven.
Borough
Revision.
Notice to town
clerk, who is
to publish the
Så Il) (2.
9()
I?AIRT II.—RIEGISTRATION OF ELIECTORS.
6 Vict. c. 18.
The Recision.
Clerk of the
peace to attend
first Court.
Overseers to
attend Courts
for their own
district and
parishes, and
produce lists
and answer
questions.
Town clerks,
overseers, &c.,
to attend
Courts,
produce lists,
and answer
questions, &c,
* 5th Jam.
+ Now 15th,
church and chapel within such city or borough, or, if there be
no church or chapel or town hall therein, then in some public
and conspicuous place therein.
By s. 18 of the Act of 1878, p. 148, the last day for revising a burgess list is
the 12th of October.
As to period of revision in the year 1885, see Redistribution of Seats Act,
1885, s. 30 (a), p. 241. r
As to evening sittings, see s. 4 of the Revising Barristers Act, 1873, p. 134.
34. The clerk of the peace of every county, at the opening of
the first court to be so holden as aforesaid in and for the same
county, shall deliver or cause to be delivered to the said barrister
or barristers all the lists of voters for the then current year,
with the marginal additions as aforesaid, and lists of persons
objected to in the said year, relating to the said county, and also
one or more printed copies of the register of voters then in force
for the said county; and the overseers of every parish and
township shall attend the court to be holden for revising the
lists relating to their parish or township, and shall deliver to
the barrister or barristers holding such court the original notices
of claim and notices of objection given to them as aforesaid; and
the said clerk of the peace and overseers shall (if required)
answer upon oath all such questions as such barrister or barristers
may put to them, and produce all documents, papers, and
writings in their possession, custody, or power touching any
matter herein mentioned.
As to attendance of overseers, see further s. 51 of this Act. As to produc-
tion of rate books by overseers, see s. 28 of Act of 1868; as to summoning
overseers for current or any past year, see s. 29 of the Act of 1868, and for
general power to summon witnesses, see s. 36 of the Act of 1878.
35. The town clerk of every city or borough, and the several
oveseers for the time being of every parish or township therein, and
in the city of London the secondaries and the clerks of the several
livery companies of such city shall attend the first court to be
holden before every such barrister for every such city or borough,
unless they shall have been respectively required by notice to
attend at some other court, in which case they shall attend the
said court as required; and the said overseers, town clerks, and
secondaries respectively shall at the opening of the said court,
deliver to the said barrister the several lists so made by them
respectively as aforesaid, and also the original notices of claim
and of objection received by them as aforesaid ; and the said
overseers shall also produce at the said court all rates made for
the relief of the poor of their respective parishes or townships
between the Sia;th day of April " in the year them last past and
the last f day of July in the then present year; and the said
town clerks, overseers, secondaries, and clerks respectively shall
answer upon Oath all such questions as any such barrister may
put to them, or any of them, and produce all documents, papers,
and writings in their possession, custody, or power touching any
matter necessary for revising the list of voters; and every such
REGISTRATION ACT, 1843—THE REVISION.
91
barrister shall have power to require any assessor, collector of
taxes, or other officer having the custody of any tax assessment
or duplicate, or any overseer or overseers of a past year, or
other person having the custody of any poor rate of the then
current or any past year, or any relieving officer, in the city of
London the chamberlain or his deputy, to attend before him at
any court to be holden by him in pursuance of this Act, and
they shall attend accordingly, and answer upon oath all such
questions as such barrister may put to them.
6th April altered to 5th January by 11 & 12 Vict. c. 90, p. 33, ante, and
“ last ’’ altered to 15th July by s. 7 of the Act of 1878, post.
36. Any person whose name shall appear in the list of voters
of any parish or township in and for any county, and whose
place of abode, as stated in such list, shall not be within the
polling district at which the said parish or township shall be
allotted to poll, but within the same county, shall be at liberty
to make his claim before the revising barrister to vote at the
polling place of the district wherein his said place of abode may
be situate; and any person whose name shall appear in any list
as aforesaid, and whose place of abode, as stated in such list,
shall not be within the same county, shall be at liberty in like
manner to make his claim to vote at the polling place of any
district within the same county; and every such person shall
make his claim in writing under his hand, and such claim shall
be delivered to and verified before the revising barrister holding
his court for the revision of the list of voters in which the name
of such person shall appear as aforesaid, and it shall then be
lawful for the said barrister to insert in the Said list, against
the name of such person so claiming as aforesaid, the name of
the polling place at which such person shall be registered to
vote; and such person so registered shall be admitted to vote at
every contested election for the said county at the said last-
mentioned polling place, and not elsewhere, anything in the
said recited Act to the contrary notwithstanding.
As to courts in polling districts, see s. 34 of the Representation of the
People Act, 1867, p. 129, and s. 4, subs. 4, of the Act of 1885, p. 167, and see
subs. 8 of the same Section as to supplemental list.
37. If any person who shall have given to the overseers of
any parish or township due notice of his claim to have his name
inserted in the list of persons entitled to vote in the election of
a knight or knights of the shire shall have been omitted by such
overseers from such list, it shall be lawful for the revising
barrister, upon the revision of such list, to insert therein the
manne of the person so omitted, in case it shall be proved to the
'satisfaction of such barrister that such person gave due notice of
such his claim to the said overseers, and that he was entitled on
the last + day of July then uext preceding to be inserted in the
said list of voters.
“Last" day of July altered to 15th by effect of s. 12 of the Act of 1885,
p. 173. -
6 Vict. c. 18.
Barrister may
require attend-
ance of over-
seer and
collector, &c.,
of taxes.
County voters
residing out of
polling district
to which the
parish of their
qualification
belongs may
vote in another
polling dis-
trict, on
making claim
before revising
barrister.
Barrister may
insert in
county lists
names of
claimants
omitted by
OYOl"Seòl ()]]
proof of claim
and qualifica-
tion,
* Now 15th.
92
l?AIRT II.--IRI (; ISTRATI()N () [" |}|,I)()T()|RS.
6 Vict, c. 18,
8. 37.
The Jºevision.
•-, -r-, - … ... . . ~~ ------
13arrister may
insert names
in lists of
borough
V 04 el's.
* Now 15th.
Objection to
claimants
(without
notice, except
in writing to
barrister) by
any person on
a list of voters.
**-**-***-* , ºr-----------, --. -- - - - - - - - - - - - - - - - - --------------------------- ~ * ~ * * * *—- --~~~~ *----------------------------s: --- - - - --- - - -- ~~. - -
-----, -e-...-------------------------, -º-º-º-º- ~ * ~ -*
It shall be lawful for.] It might porhaps be doubtful how ſar those words
confer a discrotion; but howovor this may be, tho use of the words “proved
to the satiºſuction ” appears practically to conſor it.
To insert therein.] An important altoration in procedure is offeeled by S. 4,
subs. 4, of the Act of 1886, which disponses with any obligation to insort
names of claimants in any voters' list, and enacts that the revising baſ-
rister “may roviso the list of claimants in like manner as if it were a list of
Volors.”
Gave due nolice.] The overseers may waivo the irregularity of a notice
being given too late. Sco Leonard v. Alloway8, 48 L. J. C. P. 81, and note to
8, 4, (unle.
38. The rovising barrister shall insert in any list of voters
for any city or borough the name of every person omitted who
shall be proved to the satisfaction of such barrister to have given
duo notice of his claim to be inserted in such list, and to have
been entitled on tho last " day of July then mext preceding to
have his name inserted therein in respect of the qualification
described in such notice of claim.
“Last" day of July altored to 15th by offect of s. 7 of Act of 1878, p. 141.
The words “shall insert” aro clourly mandatory, but the words “proved to
tho satisfaction ” appear practically to conſer a discretion.
Iły s. 30 of the Act of 1867, p. 127, this section is extended to lodgers.
The important alteration § procedure effected by S. 4, subs, 4, of the Act
of 1885, referred to in the note to s. 37, applies to borouglls as well as to
counties.
39. It shall be lawful for any person whose name shall be on
any list of voters for any county, city, or borough to oppose the
claim of any person so omitted as aforesaid to have his name in-
sorted in any list of voters for the same county, city, or borough ;
and such person intending to oppose any such claim shall, in
the Court to be holden as aforesaid for the rovision of such list,
and bofore the hearing of the Said claim, give notice in writing
to the revising barrister of his intention to oppose the said claim,
and shall thereupon be admitted to oppose the same, by evidence
or otherwise, without any provious or other notice, and shall
have the same rights, powers, and liabilities as to costs, appeal,
and other matters relating to the hoaring and determination of
the said claim, as any person who shall have duly objected to
the namo of any other poison boing retained on any list of
voters, and who shall appear and prove the requisite notices as
horeinafter mentioned.
This section is essentially distinguishable from S. 7 as to counties, and from
8. 17 as to boroughs, both of which provide for objections after notice to the
party, as well as to tho overseers, whoreas the present Section requires no
notico whatovor, except notice in writing to the rovising barristor. The dis-
tinction is, that this Bection authorizes objections to claimants only, whereas
88. 7 and 17 authorize objections to persons on a list of voters only.
I3y s. 30 of the IRopresentation of the People Act, 1867, p. 127, this section
is expressly extended to lodgers in boroughs, and by the offeel of 8, 1 of the
Registration Act, 1885, p. 165, it is extended to lodgers in counties,
PA IRI, IAMENTA RY IRE(#1STIRATION ACT, 1843—SEC. 40.
93
40. The revising barrister 8hall correct any mistake which shall
be proved to him to have been made in any list, and shall capunge the
name of every person whose qualification, as 8tated in any list, shall
be insufficient in law to entitle such person to vote, and also the name
of every person who shall be proved to him to be dead; and wherever
ſhe Uhristian name or the place of abode, or the nature of the qualift-
calion, or the local or other description of the property of any person
who shall be included in any such list, and the name of the occupying
tenant thereof, shall be wholly omitted in any case where the same is
by this Act directed to be specified therein, or if any person whose name
is included in any such list, or his place of abode, or the nature or
description of his qualification, shall, in the judgment of the revising
barrisler, be insufficiently described for the purpose of being identified,
such barrister shall eaſpunge the name of every 8wch person from 8wch
list, unless the matter or matters so omitted or insufficiently described
be supplied to the satisfaction of such barrister before he shall have
completed the revision of such list, in which case he shall then and there
insert the same in such list : Provided always, that, whether any per-
son shall be objected to or not, no evidence shall be given of any other
qualification than that which is described in the list of voters or claim,
as the case may be, nor shall the barrister be at liberty to change the
description of the qualification as it appears in the list, except for the
purpose of more clearly and accurately defining the same , and where
the name of any person inserted in any list of voters shall have been
objected to by the overseers, or by any other person, and such other
person so objecting shall appear by himself, or by some one on his
behalf, in support of such objection, and shall prove that he gave the
notice or notices respectively required by this Act to be given by him,
every such barrister shall then require it to be proved that the person
so objected to was entitled on the last day of July then meat preceding
to have his name inserted in the list of voters in respect of the qualift-
calion described in such list; and in case the same shall not be proved
to the satisfaction of such barrister, or in case it shall be proved that
such person was then incapacitated by any law or statute from voting
in the election of members to serve in Parliament, such barrister shall
eapunge the name of every such person from the said lists : Provided
always, that where any person whose name appears on any list of voters
for any county shall be objected to on the ground of having changed
his place of abode without having sent in a fresh motice of claim, it
shall be lawful for the barrister on revising the list to retain the name
of such person on the list of voters, provided that such person, or some
one in his behalf, shall prove that he possessed, on the last day of
July, the same qualification in respect of which his name has been in-
Serted in such list, and shall also supply his true place of abode, which
the said barrister shall insert in such list.
This section, which was repealed as to boroughs by the Act of 1878, which
Substituted for it s. 28 of that Act as to boroughs, is now wholly repealed by
8, 18 and Schodulo 1 of the Act of 1885, which makos s. 28 of the Act of
1878, as amended by S. 4 of the Act of 1885, a procedure for revision of general
application. This repenlod section is morely printed hero for the purpose, if
desired, of comparing the old law with the new. For outline of alteration
oflected by s. 28 of the Act of 1878, see note to that section,
6 Vict. c. 18,
s. 40.
Corrections
by barrister in
the register.
Repealed by
Act of 1885.
94
PART II.—l{EGISTRATION OF ELECTORS.
6 Vict. c. 18,
s. 41.
Proccºlure on
Ji'evision.
Adjournment.
Oaths.
No counsel.
Decisions in
open Court.
Initialing and
signing by
revising
barrister.
Appeal from
revising
barrister to
High Court on
points of law.
Case.
41. Every revising barrister holding any Court under this
Act shall have power to adjourn the same from time to time,
and from any one place to any other place within the same
county, or within the same city or borough, but so that no such
adjourned Court shall be holden after the last day of October in
any year; and at every Court to be holden as aforesaid by any
revising barrister the said barrister shall have power to admi-
nister an oath to all persons examined before him, and all parties,
whether claiming or objecting or objected to, and all persons
whatsoever, may be examined upon Oath touching the matters
in question; and every person taking any oath or affirmation
under this Act, who shall wilfully swear or affirm falsely, shall
be deemed guilty of perjury, and at the holding of such respec-
tive Courts no party or other person shall appear or be attended
by counsel; and every such barrister shall upon the hearing in
open Court finally determine upon the validity of such claims
and objections, and shall for that purpose have the same powers
and proceed in the same manner (except where otherwise directed
by this Act) as the returning officer of any county, city, or
borough, according to the laws and usages observed at elections
previous to the passing of the said recited Act; and such bar-
rister shall in open Court write his initials against the names
respectively expunged or inserted, and against any part of the
said lists in which any mistake shall have been corrected or any
omission supplied or any insertion made by him, and shall sign
his name to every page of the several lists so settled.
By s. 65 thore is no appeal on a question of admissibility of evidence. By
s, 15 of the Act of 1865, p. 125, post, the revising barrister must, before signing,
read out the names of expunged and inserted by him.
As to mode of adjournment in case of illness of revising barrister, see s. 5
of Revising Barristers Act, 1873, p. 134, by which Section also no ſormal
adjournment from day to day is necessary.
42. It shall be lawful for any person who, under the provi-
sions hereinbefore contained, shall have made any claim to have
his name inserted in any list, or made any objection to any other
person as not entitled to have his name inserted in any list, or
whose name shall have been expunged from any list, and who
in any such case shall be aggrieved by or dissatisfied with any
decision of any revising barrister on any point of law material
to the result of such case, either himself or by some person on
his behalf, to give to the revising barrister in Court, before the
rising of the said Court, on the same day on which such decision
shall have been pronounced, a motice in writing that he is desi-
rous to appeal, and in Such notice shall shortly state the decision
against which he desires to appeal; and the said barrister there-
upon, if he thinks it reasonable and proper that such appeal
should be entertained, shall state in writing the facts which
according to his judgment shall have been established by the
evidence in the case, and which shall be material to the matter
in question, and shall also state in writing his decision upon the
whole case, and also his decision upon the point of law in ques-
REGISTRATION ACT, 1843—-APPEAL BY CASE.
95
tion appealed against : and such statement shall be made as
nearly as conveniently may be in like manner as is now usual
in stating any special case for the opinion of the Court of Queen's
Bonch upon any decision of any Court of Quarter Sessions; and
the said barrister shall read the said statement to the appellant
in open Court, and shall then and there sign the same ; and the
said appellant, or some one on his behalf, shall at the end of the
said statement make a declaration in writing under his hand to
the following effect, that is to say, “I appeal from this decision;”
and the said barrister shall then indorse upon every such state-
ment the name of the county and polling district, or city and
borough, and of the parish or township to which the same shall
relate, and also the Christian name and surname and place of
abode of the appellant and of the respondent in the matter of
the said appeal, and shall sign and date such indorsement; and
the said barrister shall deliver such statement, with such indorse-
ment thereon, to the said appellant, to be by him transmitted to
her Majesty's Court of Common Pleas at Westminster in the
mammer hereinafter mentioned ; and the said barrister shall also
deliver a copy of such statement, with the said indorsement
thereom, to the respondent in such appeal who shall require the
S8,1]]. G.
The present section, by the use of the words “reasonable and proper,”
leaves it purely in the discretion of the revising barrister whether he shall
state a case thereunder for the High Court or not; but s. 37 of the Act of 1878,
p. 161, post, allows any person feeling aggrieved by his refusal to state a case
to apply to the High Court, within one month, for a rule directing him to
do so.
A woman may not appeal under this section on any question connected
with the parliamentary franchise: Wilson v. Salford, L. R. 4 C. P. 398; 38
L. J. C. P. 35.
Shall them and there sigm.] Doubts have arisen as to whether these words are
directory or imperative, so that an irregularity in the matter of signature may
be waived by consent. In Burton v. Brooks, 21 L. J. C. P. 7, the Court heard
an appeal on an unsigned case, the respondent Waiving his right to object, and
consenting to have the signature inserted, though Jervis, C.J., appears to have
thought that s. 62 rendered the Words imperative. See also Scott v. Durant,
34 L. J. C. P. 81, where the point was raised but not decided : Wanklyn v.
Woollett, 4 C. B. 86, in which a case not having a signed indorsement was
held insufficient; Nettleton v. Burrell, 14 L. J. C. P. 37, in which the revising
barrister died without signing, and the Court refused to hear the appeal; and
Topham v. Kelleher, 6 L. R. Ir. 285 C.A., in which the Irish Court of Appeal
held similar provisions in the Irish Registration Act, both as to signing and
indorsement to be directory only, and not imperative: Sherwin v. Whyman,
L. R. 6 C. P., at p. 247, in which Brett, J., both on principle and on the
authority of Wanklyn v. Woollett, said that s. 42 was directory if taken by
itself, but was made imperative by s. 62. On the whole it is conceived that
the words are imperative on the ground stated by Brett, J., and on the ground
that the enactment being for the public benefit, cannot be waived. See also
the next note, and note to s. 62.
Shall them indorse.] These words clearly point to an indorsement at the
time. In Pring v. Estcourt, 4 C. B. 71, the Court allowed an appeal to be
entered without the indorsement having been signed, although the case had
been , but this appeal was afterwards dismissed upon another ground; and
in Wanklyn v. Woollett, 4 C. B. 86, the same Court appears to have directly
6 Vict. c. 18,
S. 42.
Appellant to
make a de-
claration in
writing.
Revising
barrister to
indorse names,
W. C.
Copy for
parties.
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IRI (; ISTRATION A('I', 1843—Consoſ, DATION OF APPEALs.
97
and sign a declaration in writing in the form or to the effect
following; (that is to Say,)
“I, for myself and on behalf of all the other persons interested
as respondonts in this matter, and whose names are hereunder
written, do agree to appear and answer this Appeal.”
And the name, and, where necessary, the particulars of the
qualification of overy party intended to be joined in such con-
solidated appeal, shall be written under the aforesaid declaration
of the appellant or respondent respectively to which they may
respectively refor: Provided always, that it shall be lawful for
the said barrister, if mocessary, in any case to name the overseers
of any parish or township, or the town clerk of any city or
borough, to be, and they or he so named shall be, the respon-
dents or respondent in such consolidated appeal, without any
such declaration being made or signed by them or him as herein-
before mentioned.
l'or consolidation under this Hection there must bo the same facts and the
Hamo preciso point or points of law : Itolygon v. Brown, 26 L. J. (J. P. 81 ;
! (!, 13. (N.S.) 34; Prior v. Waring, 17 L. J. C. P. 73; 5 C. B. 56. Otherwise
the consolidated appeals will be dismissed : Bennet v. Drumfitt, Ashcroft's
(Jase, 38 L. J. C. P. 72; 19 11. T. 452 ; 1 II. & Cº. 48; in this case some of
certain porsons objected to were women, and Home were men,
Indorsement.] The indorsement need not set forth the name of all the
appellants and respondents; it is onough to set forth the names of the repre-
Sontulivo appellant and respondent, if the names of the others appear in the
body of the case : Sherwin v. Whyman, L. R. 9 C. P. 243; 43 L. J. C. P. 36;
29 I. T. 680; .22 W. R. 127; 2 H, & (). 17.
All the directions of 8, 12, as to single appeals, apply to consolidated
appeals : Wanklyn v. Woollett, 4 C, 13., at p. 95.
45. In and with regard to evory such consolidated appeal the
like proceeding shall be had and taken and the like rules and
regulations shall apply as in the case of any other appeal under
this Act; and evory order, judgment, or decision of the said
Court of Common Pleas shall be equally valid and effectual for
all the purposes of this Act, and binding and conclusive upon
all the parties named in or roferred to as parties to such consoli-
dated appeal as aforesaid ; and if in any case all or any of the
parties to such consolidated appeal shall make or enter into any
agreement as to the mode of contributing among themselves to
the costs and expenses of such appeal, the said agreement may,
upon the application of any party or parties thereto, be made a
rule of the said Court of Common l’leas, if the said Court shall
think fit : Provided always, that if any such consolidated appeal
shall not be duly prosecuted or answered, it shall be lawful for
the said Court of Common Pleas, or for the Lord Chief Justice
ºr any Judge of the said Court, to give to any party or parties
interested in such appeal, upon his or their application, the
'onduct and direction of the said appeal, or of the answer thereto
respectively, as the case may require, instead of or in addition
to any person mamod as aforesaid as appellant or respondent,
aud in such manner and upon such terms as the said Court or
6 Vict. c. 18,
s. 44.
Overseers or
town clerk
may be
respondents.
Conduct of
consolidated
appeals.
Contributions
to costs.
If consolidated
appeal not
duly prose-
cuted or
answered, cou-
duct of it or of
answer may be
given to other
persons,
| I
98
PART II.-REGISTRATION OF ELIECTORS.
6 Vict. c. 18,
8. 45.
Consolidated
appeals.
Party in-
terested may
§CVOl'.
Barrister may
give costs of
ſrivolous pro-
ceedings up to
£5.
* Now £5
Lord Chief Justice or Judge may think fit and order, or to make
such other order in the case as may seem moet: I’rovided also,
that if after the said barrister shall as aforesaid have declared
that the appeal in any case ought to be with others consolidated,
any party interested in such appeal shall object and refuse to be
a party to or to be bound by any such consolidated appoal, then
and in such case the appeal in which such person is interested
may proceed separately, but such person so refusing or objecting
shall be liable to pay costs to the other party, but shall not be
entitled to receive any costs of or in such appeal, unless the Said
Jourt otherwise order.
46. If in any case it shall appear to any revising barristor
holding any Court as aforesaid }. any porson shall under this
Act have made or attempted to sustain any groundless or frivo-
lous and voxatious claim or objection or title to have any name
inserted or retainod in any list of voters, it shall be lawful for
tho said barrisſer, in his discretion, to make such order as he
shall think fit for the payment by such person of the costs or of
any part of the costs of any person or persons in resisting such
claim or objection or title ; and in overy such case the said bar-
ristor shall make an order in writing, specifying the sum which
he shall order to be paid for such costs, and by and to whom and
when and where the same sum shall be paid, and shall date and
sign the said order, and delivor it to the porson or persons to
whom the said sum shall therein bo ordered to be paid : Pro-
vided always, that the said sum so ordered to be paid by way of
costs shall not in any case exceed the sum of twenty shillings " :
Provided also, that such order for the payment of costs as afore-
said may be made in any case, notwithstanding any party shall
have given notice of his intention to appeal against any decision
of the revising barristor in the samo case ; but in case of such
appeal the said order for the payment of costs shall be sus-
ponded, and shall abide the event of such appeal, unless the
Court of Appeal shall otherwise direct; but no appeal shall be
allowed or entertained against or only in respect of any such
order for the payment of costs : Provided also, that whenever
any rovising barrister shall have made any such order for the
payment of any sum of money for costs by any person who shall
have made any objection as aforesaid, it shall not be lawful for
the said barristor to hear or admit proof of any other objection
or notice of objection made or signed by the same person until
the sum of money so ordered to be paid by him for costs be paid
to the person entitled to receive the same, or deposited in the
hands of the said barristor in court, for the use of the porson So
on titled.
Soo also s. 52 of this Act, p. 101, and S. 71, p. 109. As to time of making
order for costs, s. 13 of tho Act of 1865, p. 125, post; and as to costs up to 408. of
objections otherwise than by oversoors, 800 8.27 subs. 3, of Act of 1878, p. 152.
Five pounds is substituted for twonty shillings by s. 14 of the Act of 1865,
p. 125.
PARLIAMENTARY IREGISTRATION ACT, 1843—THE REGISTER.
99
47. The said list of voters for each county, signed as afore-
said, shall be forth with transmitted by the revising barrister to
the clerk of the peace of the same county, and the clerk of the
peace shall keep the Said lists among the records of the sessions,
and shall forthwith cause the said lists to be copied, and printed
in a book or books, arranged with the names in each parish or
township in strict alphabetical order, according to the surnames,
and with every polling district in alphabetical order, and with
overy parish or township within such polling district likewise
in the same ordor, and shall, after the last list for each polling
district, insert a list in like alphabetical order of all persons
whose names shall not appear in any of the said lists for such
polling district, but who shall in manner hereinbefore men-
tioned have been registered by tho revising barrister to vote at
the polling place of such last-mentioned district, and shall in
the said book prefix to every name its proper number, begin-
ning the numbers from the first name, and continuing them in
a regular series down to the last name: Provided always, that
a number as aforesaid shall be prefixed to the name of every
porson in every such list insorted after the last list for any
polling district as aforesaid ; and no number, but an asterisk
only, shall be prefixed to the name of the same person in the
list of the parish or township in which his name originally
appeared; and overy such book shall be printed and arranged
in such manner and form that the list of voters of and for each
and every separate parish or township contained therein may be
conveniently and completely cut out or detached from all the
other lists of voters contained in the same book; so that all the
lists for every or any polling place, or the list of every or any
single parish or township, may be ready for the purposes of
this Act or for Salo; and the said clerk of the peace shall sign
and deliver the said book or books on or before the last day of
November * in the then current year to the sheriff of the county,
to be by him and his successors in the office of sheriff safely kept,
for the purposes hereinafter and in the said recited Act men-
tioned.
“November” altered to “Decombor” by s. 38 of the Representation of the
People Act, 1867, p. 130, post.
Special provision for 1885.] By the Rodistribution of Seats Act, 1885, s. 30,
the date was again altered for the year 1885 only. See note to s. 49, p. 100.
The books do not become the registor until actually signed and delivored
to the sheriff, although this may not be till after tho last day of December:
I}rumfitt v. Bremmer, 30 L. J. C. P. 33; 9 C. B. (N.S.) 1. In this case the
namo of the appellant was inadvertently erased by the revising barrister, and
Cºroneously omitted from a first impression of the register. The appellant
discovered the omission, and communicated with the clerk of the peaco, who
inserted the name, and delivered a book, containing the name so inserted, to
the clerk of tho peace on the 13th of January. The appellant becoming an
ºbjector at the noxt revision, the revising barrister doclined to hear him, on
the ground that ho was not upon the register within s. 7, because he was not
"pºn the first improssion sold of it under S. 49; but the Courtsumairiniously
hold that the rovising barristor was wrong, " ; , ; ; ; ; ; ; ; tº
ºf a sº wº ** rº
..)
ll Z.
6 Vict. c. 18.
County lists to
be transmitted
to clerk of the
peace, and to
be by him
copied into a
book.
* Now
1)ecember.
100
PART II.—REGISTRATION OF ELECTORS.
6 Vict. c. 18.
Borough lists
to be given
to town clerks,
and copied
into books.
Book to be
given to
returning
officers.
* Nou,
December.
The register
for counties
and boroughs.
Copies of re-
gisters to be
printed for
sale.
Assessors and
other officers
neglecting to
attend when
summoned by
revising
barrister,
liable to be
fined.
48. The lists of votors for each city or borough, signed as
aforesaid, shall be forthwith delivered by the revising barrister
to the town clerk of the same city or borough; and the said
town clerk shall forthwith cause the said lists to be copied and
printed in a book; and in the said book the said lists shall be
arranged and every name numbered according to the directions
aforesaid with regard to the county lists, so far as the same are
applicable; and the said town clerk shall sign and deliver the
said book on or before the said last day of November * to the
returning officer of the same city or borough, to be by him and
his successors as returning officer safely kept for the purposes
hereinafter mentioned.
Brumfitt v. Bremner, 30 L. J. C. P. 33, and supra, note to s. 47, applies to
this section as well as to s. 47.
“November” altered to “December" by s. 38 of the Representation of the
People Act, 1867, post. As to arranging lists to correspond with polling
districts, see Representation of the People Act, 1867, s. 34, p. 130, and to
correspond with order in streets, s. 21 of the Act of 1878, post.
Special provision for 1885.] By the Redistribution of Seats Act, 1885,
s. 30, p. 241, the date was again altered for the year 1885 only.
49. The said printed book or books so signed as aforesaid by the
clerk of the peace or town clerk respectively, and given into the custody
of the sheriff of any county, or the returning officer of any city or
borough, as the case may be, shall be the register of persons entitled
to vote at any electon of a member or members to serve in Parliament
which shall take place in and for the same county, city, or borough
respectively, between the last day of November in the year wherein
such register shall have been made and the first day of December in
the succeeding year; and the clerk of the peace of every county,
and the town clerk of every city or borough respectively, shall
keep printed copies of the said register for such county, city, or
borough, and shall deliver such copies of such register, or of any
part thereof, to any person applying for the same, upon payment
of a price after the rate contained in the Table numbered (2.) in
the Schedule (D.) to this Act annexed: Provided always, that no
person shall be entitled to a copy of any part of any register
relating to any parish or township without taking or paying
for the whole that relates to such parish or township.
The opening words in italics are expressly repealed by the Statute Ilaw
Revision Act, 1874, having been impliedly repealed by s. 38 of the Repre-
sentation of the People Act, 1867, which altered the period of duration of the
register to the year commencing on the 1st of January after the making of
the register.
50. Any assessor or collector of taxes or other officer, or
any overseer or overseers of the poor, or other persons having
the custody of any poor-rate book for any past year, or any
assistant overseer or relieving officer, who shall wilfully refuse
or neglect, when duly required by summons under the hand of
any, royising barrister, to attend before such barrister at any
Couët: to be holden as aforesaid, according to the exigency of
REGISTRATION ACT, 1843—FINING OVERSEERs, &c.
101
such summons, shall, upon proof before him of the Service of
such summons, be liable to pay by way of fine for every such
offence a sum of money not exceeding five pounds nor less than
twenty shillings, to be imposed by and at the discretion of the
said barrister holding any such Court as aforesaid.
Seo further Act of 1868, s. 29, Act of 1878, S. 36, and IRepresentation of the
People Act, 1884, S. 9, subs. 3.
51. Any overseer of any parish or township who shall wilfully
refuse or neglect to make out any list, or who shall wilfully
neglect to insert therein the name of any person who shall have
given due notice of claim, or who, in making out the list of
voters for any city or borough shall wilfully and without any
reasonable cause omit the name of any person duly qualified to
be inserted in such list, or who shall wilfully and without
reasonable cause insert in such list the name of any person not
duly qualified, or who shall wilfully refuse or neglect to publish
any notice or list, or copy of the part of the register of voters
relating to his parish or township, at the time and in the
manner required by this Act, or who shall wilfully refuse or
neglect to deliver to the clerk of the peace the copy of the lists
of claimants and of persons objected to, and the copies of the
register, as required by this Act, or who shall wilfully refuse or
neglect to deliver to the town clerk of the city or borough the
copies of the several lists as required by this Act, or who shall
wilfully refuse or neglect to attend the Court for revising the
lists of voters of his parish or township, or to attend any
revising barrister when required by any summons as aforesaid,
or who shall wilfully refuse or neglect to deliver to the barrister
or barristers holding any such Court the several lists to be made
out by them as aforesaid, or who shall be wilfully guilty of any
other breach of duty in the execution of this Act, shall for
every such offence be liable to pay by way of fine a sum of
money not exceeding five pounds nor less than twenty shillings,
to be imposed by and at the discretion of any barrister holding
any Court for the revision of any list of the parish or township
of such overseer : Provided always, that nothing herein con-
tained as to any fine as aforesaid shall affect or abridge any
right of action against any overseer or other person liable to
any fine as aforesaid, or any liability such overseer or other
person may incur under or by virtue of this Act or the said
recited Act.
This section is applied by s. 29 of the Act of 1878, to cases of wilful
mcglect, &c., in the execution of that Act.
As to penal action against overseers and others, see S. 97 of this Act, p. 111.
52. Fvery revising barrister, when and so often as he shall
impose any such fine as aforesaid, shall at the same time in open
Court, by an order in writing under his hand, stating the sum
payable for such fine, direct by and to whom and when the
same shall be paid, and the person to whom the said sum shall
6 Vict. c. 18,
S. 50.
Fining of over-
seers for
neglect of
duty.
Fines, to whom
payable, and to
what purpose
to be applied.
102
PART II.—REGISTRATION OF ELIECTORS.
6 Wict. c. 18,
s. 52.
Fines.
Clerk of the
peace and town
clerk to ac-
count for and
pay over all
lī) OI) 16S 1'0-
ceived by
them.
Expenses of
clerks of the
peace, how to
be defrayed.
Expenses of
town clerks
and returning
officers, how
to be defrayed.
be so ordered to be paid shall receive the same, and in every
case where the offence for which the said fine shall have been so
imposed shall relate to the formation of the register of voters
for any county he shall pay over the sum so received by him to
the clerk of the peace of the same county, and in every case
whero such offence shall relate to the formation of the register
of voters for any city or borough he shall pay over the sum so
received by him to the town clerk of the same city or borough,
or to the said secondaries, as the case may require.
There is no appeal against a fine imposed by a revising barristor, nor can
his order for a fine be removed by certiorari. See S. 71, post, and as to re-
covery of fines by distress, see s. 72, post.
53. The clerk of the peace of every county and the town
clerk of every city or borough respectively shall keep an account
of all moneys to be received by him or them for or on account
of the sale of any copies of the register as aforesaid, or for or by
way of fine imposed as aforesaid ; and the said clerk of the
peace shall pay over or account for all such moneys received by
him to the treasurer of the same county, to be applied in aid of
the county rate; and the said town clerk shall pay over or
account for all such moneys so received by them to and amongst
the overseers of the several parishes and townships within every
city or borough ; and the share of each parish or township shall
be calculated as nearly as may be according to the same rela-
tive proportion as the number of persons whose names shall
appear in the list of the said parish or township shall bear to
the number in all the other lists upon the same register, and
the said moneys, together with all monies received by any over-
seers from the sale by them of any lists, shall be paid and
applied by the said overseers in aid of the moneys collected for
the relief of the poor.
54. An account of all expenses incurred by any clerk of the
peace of any county in carrying into effect the provisions of
this Act shall be laid before the justices of the peace at the next
quarter sessions after such expenses shall have been incurred,
and the said justices of the peace shall make their order upon
the treasurer of the said county for the payment of such ex-
penses, or such part thereof as they shall allow, to the said clerk
of the peace, out of the public stock of the said county.
By s. 31 of the Representation of the People Act, 1867, p. 128, post, the
word “exponses” in this section and s. 55, includes the charges of a clerk of
the peace or a town clerk, and by s. 7 of the Act of 1885, s. 31 of the Act of
1867 includes charges for trouble under either the Act of 1884 or the Act of
1885.
55. All the expenses incurred by any town clerk or returning
officer of any city or borough in carrying into effect the provi-
sions of this Act shall be defrayed out of the monies to be col-
lected for the relief of the poor in the several parishes and
townships within the same city or borough ; and the sum to be
contributed by every such parish or township shall be calcu-
REGISTRATION ACT, 1843—ExPENSEs.
I ()3
lated, as nearly as may be, according to the same relative pro-
portion as the number of persons whose names shall appear in
the list of the said parish or township shall bear to the number
in all the other lists upon the same register; and an account of
all the said expenses so incurred, and also an account of the sum
to be contributed for defraying the same by each parish or
township as aforesaid, shall, as soon as may be after the said
expenses shall have been so incurred, be laid before the common
council or town council of the said city or borough, or, if there
be no such council in any city or borough, then before the jus-
tices of the peace at the quarter sessions to be holden in and for
the county in which the same city or borough is situate; and
the said council or the said justices respectively shall, when
they allow the said accounts, make and give to the said town
clerk a certificate of the total sum allowed by such council or
justices in respect of the said expenses, and also a certificate of
the sum to be paid by and as the contribution of each of the
said parishes or townships towards defraying the same ; and
thereupon it shall be lawful for the overseers of every such
parish or township, and they are hereby required, out of the
first monies to be collected for the relief of the poor, to pay
the sum in such certificate mentioned to be paid by and as the
contribution of the said parish or township to the said town
clerk.
See note to last Section. As to expenses in municipal parliamentary
boroughs, see s. 30 of the Act of 1878.
56. Throughout this Act the words “town clerk’” shall not
be understood to mean or apply to the town clerks of the cities
of London or Westminster, or to the town clerk of the borough
of Southwark, but throughout this Act by the words “town
clerk’ shall be understood in regard to the city of London the
secondaries of the said city, and in regard to the city of West-
minster the high bailiff of the said city, and in regard to the
borough of Southwark the high bailiff of the said borough.
67. An account of all expenses incurred by the overseers of
every parish or township in carrying into effect the provisions
of this Act shall be laid before the revising barrister at the
court at which the list of voters for such parish or township
shall be revised; and the said barrister shall sign and give to
the said overseers a certificate of the sum which he shall allow
to be due to them in respect of the said expenses; and it shall
be lawful for the said overseers to receive the sum so certified
to be due to them from and out of the first monies thereafter to
be collected for the relief of the poor in the same parish or
township.
By s. 32 of the Act of 1868, p. 133, post, items may be objected to, and the
objections must be heard by the revising barrister, who must sign the certi-
ficate in open Court, whether any objection be made or not; and by the same
section a certificate so signed is conclusive.
6 Wict. c. 18,
s. 55.
Meaning of the
words “town
clerk’ in
certain cases.
Expenses of
OV Öl'SèCI’S.
104
I’ART II.--RIEGISTRATION ()]?' ELECTOl{S.
6 Vict. c. 18,
No payment
necessary by
persons
making claim.
Remuneration
of revising
barristers.
Appeals to be
heard by
Queen's Bench
Division of the
Fligh Court.
58. Notwithstanding anything in the said recited Act con-
tained, it shall not be necessary for or required of any person
claiming or upon giving notice of any claim as herein or in the
said recited Act mentioned to pay or cause to be paid to the
overseer of any parish or township the sum of one shilling, or
any other sum ; nor shall any notice of claim as aforesaid be
invalid by reason of such or any sum not having been paid ;
and no person whose name shall be upon any register of voters
for any city or borough shall be therefore liable to the pay-
ment of one shilling annually, or of any other sum on that
aCCOunt.
59. Every barrister appointed to revise any lists of voters
under this Act shall be paid the sum of two hundred guineas,
by way of remuneration to him, and in satisfaction of his
travelling and other expenses; and every such barrister, after
the termination of his last sitting, shall forward his appoint-
ment to the Commissioners of her Majesty's Treasury, who shall
make an order for the payment of the above sums to every such
barrister, and all such sums shall be paid out of the Consoli-
dated Fund of the United Kingdom of Great Britain and
Ireland : Provided always, that in the case of any barrister having
been appointed under this Act to revise any lists of voters in addition
to the barrister or barristers originally appointed, such barrister,
instead of the sums above mentioned, shall be paid at the rate of five
guineas for every day that he shall be so employed, together with three
guineas each day for his travelling and other capenses ; and every
such last-mentioned barrister, after the termination of his last sitting,
shall lay or cause to be laid before the Commissioners of her Majesty's
Treasury his appointment, and a statement of the number of days
during which he shall have been so employed ; and the said commis-
sioners shall make an order for the payment of such sum as shall
thereupon appear to be due to every such last-mentioned barrister,
and every such sum shall also be paid out of the said Consolidated
Fund, but so that no such barrister shall be entitled to or in any case
be paid more than the sum of two hundred guineas.
The proviso of this section is repealed by the IRevising Ibarristers Act,
1874, p. 138. As to remuneration for municipal revision, see the concluding
paragraph of s. 30 of the Act of 1878, p. 159, by the effect of which that re-
muneration is at the rate of five guineas a day.
60. All appeals or matters of appeal from or in respect of
any decision of any revising barrister entertained in manner
hereinbefore mentiomed shall be prosecuted, heard, and deter-
mined in and by her Majesty's Court of Common Pleas at West-
minster according to the ordinary rules and practice of that
Court with respect to special cases, so far as the same may be
applicable, and not inconsistent with the provisions of this Act,
or in such manner and form, and subject to such rules and regu.
lations, as the said Court from time to time, by any rule or
order made for regulating the practice and proceedings in such
appeals, shall order and direct. -
REGISTRATION ACT, 1843–PIEARING OF APPEALs.
105
Iły virtue of the 34th section of the Judicature Act, 1873, the Queen's
Bonch Division of the High Court has transferred to it the jurisdiction of the
Court of Common Pleas under this section. -
By s. 4 of the Judicature Act, 1884, divisional courts of that division may
be constituted of more than two judges “if the president of the division, with
the concurrence of not less than two other judges thereof, shall be of opinion
that it is expedient so to constitute the same; ” and by the Rules of the
Supreme Court, 1883, Order LXX., Rule 1, appeals from revising barristers
are to be heard by divisional courts.
[61. Barristers to have equal right of practising with ser-
jeants.]
62. Every appellant who shall intend to prosecute his appeal
shall, within the first four days in the Michaelmas Term * next
after the decision to which such appeal shall relate, transmit to
the Masters of the said Court of Common Pleas the statement in
writing so signed by the said revising barrister as aforesaid, and
shall also therewith give or send a notice, signed by him, stating
therein his intention to prosecute the said appeal, and the said
appellant shall also give or send a notice, signed by him, to the
respondent in the said appeal, stating his said intention duly to
prosecute such appeal in the said Court; and one of the Masters
of the said Court, to be nominated for that purpose by the Lord
Chief Justice of the said Court, shall forthwith enter every appeal
of which he shall have received due notice from the appellant
as aforesaid in a book to be kept by him for that purpose.
This section, in form directory only, must be read with S. 42, also directory
in form, and with s. 64, which is clearly imperative.
Within first four days of Michaelmas Term.] By s. 26 of the Judicature
Act, 1873, terms were abolished “so far as relates to the administration of
justice;” but it was provided by the same section that, in all other cases in
which, under the then existing law, terms were used “as a measure for deter-
mining the time at or within which any act is required to be done, the same
may continue to be referred to, for the same or a like purpose, unless and
until provision is otherwise made by lawful authority;” and this section is
construed strictly: Christ's College v. Martin, 3 Q. B. D. 16 (C. A.). Until 1884
Michaelmas sittings under the Judicature Act and Rules of Court began on the
Same day as Michaelmas Term, i.e. on Nov. 2, but an Order in Council of the 12th
of December, 1883, directs that “Michaelmas sittings shall for the future com-
mence on the 24th of October,” and this is not a “provision otherwise made ’’
Within the meaning of s. 26 of the Judicature Act, 1873, so that the appellant,
in years other than 1885, will have the first four days ending November 6th
Within which to send the case. But in 1885, by s. 30 (c) of the Redistribu-
tion of Seats Act, 1885, p. 242, “Michaelmas Sittings” is substituted for
“Michaelmas Term " in this and the next section.
It was held in Autey v. Topham, 5 M. & G. I ; 7 Scott N. R. 402; 1 D. & L.
785; 13 L. J. C. P. 39 ; 7 Jur. 995, that the enactment as to the first four
days is imperative, and that if the notice be not given within the first four
days, the Court has no jurisdiction to hear the appeal; and Petherbridge v.
Ash, 4 C. B. 74, is to the same effect, Nor can any consent of the respondent
give jurisdiction (Autey v. Topham, supra), on the ground, it is conceived, that
the provision as to time is for the public benefit, and therefore cannot be
Waived. See Maxwell on Statutes, 2nd Ed., 478, citing Lawrence v. Wilcock,
11 A. & E. 941, and other cases.
Transmit to the Masters.] The case will now be transmitted to the central
office of the Supreme Court.
6 Vict. c. 18.
Notice of
appeal.
* In 1885, read
“sittings.”
Entry of
appeal.
106
PART II.—REGISTRATION OF ELECTORS.
6 Vict. c. 18,
ss. 62–64.
IIcaring of
appeals.
Court to give
notice of the
time and place
of hearing
appeals.
* In 1885, read
“sittings.”
No appeal
unless notice
given.
So signed . . . as aforesaid.] See S. 42 and note.
A motice signed by him.] The notice must be signed by the appellant
himself; signature by an agent will not suffice : Petherbridge v. Ash, 4 C. B. 74.
A respondent appearing cannot take objection to the notice: Rawlins v. West
Derby Overseers, 2 C. B. 72.
One of the Masters.] The master for the purpose is now, by virtue of S. 25
of the Judicature Act, 1881, nominated by the Lord Chief Justice of England.
63. The Judges of the said Court of Common Pleas shall, as
soon as may be after the fourth day of Michaelmas Term * in
every year, make arrangements for hearing the appeals entered
as aforesaid, and shall appoint such certain day or days, either
in Term time or in time of Vacation, as they may think fit and
necessary, but as early as conveniently may be, for the purpose
of hearing and deciding such appeals; and the said judges shall
cause public notice to be given of the time and place so ap-
pointed by them for that purpose, and of the order in which
such appeals will be heard.
After the fourth day of Michaelmas Term.] See note to S, 62.
64. No appeal or matter of appeal whatsoever shall, in any
case, except where the conduct and direction of the appeal, or of
the answer thereto, shall have been given by order of the Court
of Common Pleas or of any judge thereof to any person, be
entertained or heard by the said Court unless notice shall have
been given by the appellant to the Masters of the said Court at
the time and in the manner hereinbefore mentioned ; and no
appeal shall be heard by the said Court in any case where the
said respondent shall not appear, unless the said appellant shall
prove that due notice of his intention to prosecute such appeal
was given or sent to the said respondent ten days at least before
the day appointed for the hearing of such appeal: Provided
always, that if it shall appear to the said Court that there has
not been reasonable time to give or send such notice in any case,
it shall be lawful for the said Court to postpone the hearing of
the appeal in such case, as to the said Court shall seem meet.
No appeal . . . shall . . . be entertained or heard.] These words are im-
perative. See Awtey v. Topham, 5 M. & G. 1, and the note to s. 62, Supra.
Ea:cept where the conduct, &c.] The exception is that provided for in the
first proviso of S. 45 in relation to consolidated appeals not duly prosecuted or
answered.
IIereinbefore mentioned.] See s. 62 and note.
No appeal shall be heard whless the appellant shall prove motice.] This
notice cannot be waived : Newton v. Mobberley Overseers, 2 C, B. 203. If the
respondent does not appear, either the service of the notice must be proved by
affidavit, or the appellant must bring himself within the proviso: Colvill v.
Lewis, 2 C. B. 60; Allworth v. Dore, 5 C. B. 87.
Ten days at least.] That is, ten clear days before the first day appointed
for hearing appeals: Clarke v. Beaton, 5 C. B. 76.
If neither party appear, the case will be struck out: Wansey v. St. Peter-le-
I’oor Overseers, 7 M. & G. 162.
The case must be argued, although the respondent may not appear: Powmall
v. Hood, 11 C. B. l ; 21 L. J. C. P. 12; but if the respondent appear and the
REGISTRATION ACT, 1843—HEARING OF APPEALs.
107
appellant do not, the appeal will be dismissed without a hearing: |White V.
Pring, 8 C. B. 13, and with costs.
Provided always.] The terms of this proviso give a wide discretion to the
Court; but in Brown v. Tamplin, L. R. 8 C. P. 241; 42 L. J. C. P. 37, the
Court held that no other circumstances except the absence of reasonable time
could be taken into consideration, and refused postponement where the case
was signed on the 31st of October, and notice was not given till the 4th of
November, the 13th of November being the first day for hearing appeals.
See also Adey v. Hill, 4 C. B. 38; Luckett v. Voller, 11 C. B. (N.S.) 1, in
which postponement was refused; and Palmer v. Allen, 5 C. B. 5, and Burton
v. Blake, II G. B. 47, in which postponement was granted. . In Palmer v.
Allen, the decision of the revising barrister was given on Saturday the 30th of
October, and the notice was served on the 2nd of November, the first day for
hearing appeals being the 11th of November.
65. No appeal or notice of appeal under this Act shall be
received or allowed against any decision of any revising barrister
upon any question of fact only, or upon the admissibility or
effect of any evidence or admission adduced or made in any case
to establish any matter of fact only: Provided always, that if
the said Court shall be of opinion in any case that the statement
of the matter of the appeal is not sufficient to enable them to give
judgment in law, it shall be lawful for the said Court to remit
the said statement to the revising barrister by whom it shall
have been signed in order that the case may be more fully stated.
The Court will not remit for the insertion of a fact which the revising
barrister considered immaterial: Hinton v. Wenlock Town Clerk, 7 M. & G.
163; 8 Scott N. R. 995; 2 D. & L. 598. A case will be remitted if it finds
that a party “states” certain matters: Pitts v. Smedley, 7 M. & G. 85;
8 Scott N. R. 907. The decision will be affirmed if it does not appear from
the facts stated to be wrong : Watson v. Cotton, 5 C. B. 51. Amendment
allowed by revising barrister himself in Court in Whithorn v. Thomas,
7 M. & G. 1; 8 Scott N. R. 783.
66. Every judgment or decision of the said Court shall be
final and conclusive in the case upon the point of law adjudicated
upon, and shall be binding upon every committee of the House
of Commons appointed for the trial of any petition complaining
of an undue election or return of any member or members to
Serve in Parliament.
. The present section was at one time limited to the case in which the decision
is given, and the Court would review its previous decisions when clearly
erroneous: Webster v. Ashton whder Lyme, L. R. 8 C. P. 306; 42 L. J. C. P.
146; but this was held before such decisions could be corrected on appeal.
By S. 14 of the Judicature Act, 1881, p. 163, post, there is a further appeal,
by leave, from the High Court to the Court of Appeal, and this being so, the
Court will adhere to former decisions, although erroneous, leaving them to
be corrected on appeal, as in matters of registration it is far more important
that the decisions should be all one way than how they should be decided:
I'ord v. Hoar, 14 Q. B. D. at p. 514, per Lord Coleridge, C.J.
Shall be binding upon every committee.] By the Parliamentary Elections
Act, 1868, as amended by the Parliamentary Elections Act, 1879, the juris-
diction of House of Commons Committees to try election petitions is transferred
to two judges, but there is no express provision in that Act applying the
latter part of this section. Perhaps, however, s. 26 of that Act would have
that effect. See the Acts, post, Part VI.
6 Vict. c. 18.
No appeal on
fact or
evidence.
Court may
remit case
to be more
fully stated.
Decisions of
Court to be
final.
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110
PART II. REGISTRATION OF ELECTORS.
6 Vict. c. 18,
s. 75.
Misnomer in
Jèate.
* *-*-*-es-, -s-s-------
* Now 5th Jan.
Inaccurate de-
scription in
rate not to pre-
vent persons
being regis-
tered.
f Now 15th.
† Now 5th Jan.
Conclusiveness
of register.
bers to serve in any future Parliament for such city or borough ;
and it is also provided, that no such person shall be so regis-
tered in any year unless he shall have occupied such premises
as aforesaid for twelve calendar months next previous to the
last day of July in such year, nor unless such person, where
such premises are situate in any parish or township in which
there shall be a rate for the relief of the poor, shall have been
rated in respect of such premises to all rates for the relief of the
poor in such parish or township made during the time of such
his occupation so required as aforesaid, nor unless such 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: And whereas
doubts have arisen how far any misnomer or inaccurate or
insufficient description in a rate of the person occupying any
such premises as in the said recited Act are mentioned, or any
inaccurate description of the premises so occupied, has the effect
of preventing any such person from being registered and
entitled to vote in respect of such premises in any year: Be it
therefore declared and enacted, that where any person shall
have occupied such premises as in the said recited Act are men-
tioned for twelve calendar months next previous to the last day of
July in any year, and such person being the person liable to be
rated for such premises shall have been bond fide called upon to
pay in respect of such premises all rates made for the relief of
the poor in such parish or township during the time of such his
occupation so required as aforesaid, and such person shall have
bond fide paid on or before the twentieth day of July in such
year, all sums of money which he shall have been called upon
to pay as rates in respect of such premises for one year pre-
viously to the 8iath day of April: then next preceding, such
person shall be considered as having been rated and paid all
rates in respect of such premises within the meaning of the
said recited Act, and be entitled to be registered in respect of
the same in any year, any misnomer or inaccurate or insufficient
description in any rate of the person so occupying, or of the
premises occupied notwithstanding.
This section is applied to counties by s. 30 of the Act of 1868, post.
Last day of July altered to 15th day of July by s. 7 of the Act of 1878 and
S. 12 of the Act of 1885, and 6th April to 5th Jan. by 11 & 12 Vict. c. 90.
“N. Armison and Sons" was held to sufficiently describe both the sons in
Little v. Penrith Overseers, L. R. 8 C. P. 259; 42. L. J. C. P. 28; and “No. 4,
Golden Lane” in mistake for “No. 3, Golden Lane” to be curable undor
the section : Cool. v. Luckett, 2 C. B. 158. But the omission of the namo of a
{º}} ºpio: is no misnomor within the section: Moss v. Litchfield, 14 L. J.
. I’. OU).
[76-78. See those sections, ante, Part I., p. 32.]
79. 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
REGISTRATION ACT, 1843—REGISTER CONCLUS:VE.
111
conclusive evidence that the persons therein named continue to
have the qualifications which are annexed to their names respec-
tively in the register in force in such election.
A proviso as to cessor of qualification is repealed by the Ballot Act, 1872.
See further as to conclusivencBB of the register, s. 7 of that Act, Part V., post.
[80–96. Questions at poll as to identity of voter—poll books—personation
of voter at election. See these Sections so far as unrepealed, post, Part W.,
“The Election.”]
97. Every sheriff, under sheriff, clerk of the peace, town
clerk, secondary, returning officer, clerk of the Crown, post-
master, overseer, or other person, or public officer, required by
this Act to do any matter or thing, shall for every wilful mis-
feasance, or wilful act of commission or omission contrary to
this Act, forfeit to any party aggrieved the penal sum of one
hundred pounds, or such less sum as the jury before whom may
be tried any action to be brought for the recovery of the before-
mentioned sum shall consider just to be paid to such party, to
be recovered by such party, with full costs of suit, by action for
debt in any of her Majesty's Superior Courts at Westminster :
I’rovided always, that nothing herein contained shall be con-
strued to supersede any remedy or action against any returning
officer according to any law now in force.
An action lies at common law against a returning officer for maliciously
refusing to admit an elector's vote; and the elector may sue, if qualified to
vote, whether or not the candidate for whom he desired to vote was elected:
Ashly v. White, 2 Ld. Raym. 838; 3 Salk. 17; 1 Smith, L. C.; Pryce v.
Belcher, 4 C. B. 866.
[98, 99. Repealed by Ballot Act, 1872.]
100. It shall be sufficient, in every case of notice to any
person objected to in any list of county, city, or borough voters,
and in the livery list of the city of London, and also in the case
of county voters to the occupying tenant whose name and place
of abode appears in such respective list as aforesaid, if the notice
so required to be given as aforesaid shall be sent by the post,
free of postage, or the sum chargeable as postage for the same
being first paid, directed to the person to whom the same shall
be sent at his place of abode as described in the said list of
voters; and whenever any person shall be desirous of sending
any such notice of objection by the post, he shall deliver the
same, duly directed, open and in duplicate, to the postmaster of
any post office where money orders are received or paid, within
such hours as shall have been previously given notice of at such
post office, and under such regulations with respect to the
registration of such letters, and the fee to be paid for such
registration (which fee shall in no case exceed twopence over
and above the ordinary rate of postage), as shall from time to
time be made by the Postmaster-General in that behalf; and in
all cases in which such fee shall have been duly paid the post-
master shall compare the said notice and the duplicate, and on
being satisfied that they are alike in their address and in their
6 Vict. c. 18,
8. 95.
Parties
wilfully
contravening
the Act liable
to action.
Notice of
objection may
be sent by the
post.
112 PART II.- ..]{EGISTRATION OF ELECTORS.
6 Vict, c. 18, contents, shall forward one of them to its address by the post,
* * and shall return the other to the party bringing the same, duly
J’osting of stamped with the stamp of the said post office ; and the pro-
Notice of duction by the party who posted such notice of such stamped
Objection. duplicate shall be evidence of the notice having been given to
the person at the place mentioned in such duplicate on the day
on which such notice would in the ordinary course of post have
been delivered at such place ; Provided also, that if no place of
abode of the person objected to shall be described in the said
list, or if such place of abode shall be situate out of the United
Ringdom, then it shall be sufficient if notice shall be given to
the said overseers, and to such occupying tenant as aforesaid
(if sº in the case of a county voter, or, in the case of a city or
borough voter, to the overseers or to the town clerk, or, in the
case of a liveryman of the city of London, to the secondaries
and clerk of the particular company to which the person objected
to shall belong, as is in each of the said cases hereinbefore
required.
As to notice of objection in counties, see s. 7, and in boroughs, see S. 17.
To oppose a mere claimant under s. 39, no notice is required.
It shall be sufficient.] This section is enabling and facilitating only, and not
obligatory, so as to prevent other modes of service being good. Therefore, if
overseers in fact receive and publish an objection in time, proof by production
of a stamped duplicate is unnecessary : Smith v. Huggett, 11 C. B. (N.S.) 55;
31 II. J. C. P. 38; 5 II. T. 357; 10 W. R. 80; see also s. 101.
Place of abode, as described in the said list.] It is enough to mention this
place in the address only : Barclay v. Parrott, 1 C. B. (N.S.) 49; nor need
the name of the parish be added : Hunt v. Sharp, 17 C. B. 281. -
“The said list” is, as regards counties, a copy of the register sent to the
overseers under s. 3 of the Act of 1865; and if the overseers alter an address
upon that list, a notice sont to such altered address is bad : Noseworthy v.
Iłuckland on the Moor Overseers, I. T. 9 C. P. 233; 43 L. J. C. P. 27; 29
L. T. 675; 22 W. R. 155; 2 H. & C. 127. *.
Postmaster.] Delivery to a deputy, or a clerk or other agent of the post-
master, is sufficient: Cooper v. Coates, 5 M. & G. 98.
Within such hours..] Delivery out of the hours, if the postmaster choose to
accept it, is sufficient: Hammaford v. Whiteway, 1 C. B. (N.S.) 53; 26 L. J.
C. P. 75.
Stamped duplicate.] A correct stamped duplicate is not vitiated by an
incorrect original, if produced by the objected : Norris v. Pilcher, L. R. 4 C. P.
417; 38 L. J. C. P. 69; I H. & C. 173. In this case the objector stated
22, Southampton Street, Blóomsbury, London, W.C., as his place of abode
on the register, and 110, Guildford Street, IRussell Street, W.C., as his present
place of abode; and it was held that “London’’ might be supplied, and
“Russell Street,” rejected as surplusage, gº
A stamped copy having no external address is insufficient: Birch v.
Edwards, 5 C. B. 45; 17 L. J. C. P. 32; but the mere heading “copy" is
immaterial : Bemesh v. Booth, 18 C. B. (N.S.) 111; 34 L. J. C. P. 99; 11 L. T.
479; 13 W. R. 271. The stamped duplicate must be signed by the objector
himself: Toms v. Cuming, 7 M. & G. 88; 8 Scott N. R. 827, and if so signed,
is evidence of the original having been so signed : Lewis v. Roberts, 11 C. B.
(N.S.) 23; 31 L. J. C. P. 51; 5 L. T. 351; 10 W. R. 80; 8 Jur. (N.S.) 485;
K. & G. 402,
The duplicate proves itself: it is not necessary that the person who actually
PARLIAMENTARY REGISTRATION ACT, 1843.
113
posted the notice should produce it: Cuming v. Toms, 7 M. & G. 29; 8 Scott,
N. R. 827.
Ordinary course of post.] A motice so sent as to be delivered on Sunday is
good : Colville v. Lewis, 2 C. B. 60; and, generally, a notice so sent as to be
delivorable in time is good, although from some accident it may have been in
fact delivered late: Bishop v. Helps, 2 C. B. 45; Hornsby v. Robson, I C. B.
(N.S.) 63; but where there is no delivery in the ordinary course at the resi-
dence of the elector, and the notice could only reach him by accidental
conveyance, it seems that a notice reaching the post-town only in time is too
late: Lewis v. Evans, L. R. 10 C. P. 297; 44 L. J. C.P. 41; 31 L. T. 487;
23 W. R. 244; 2 H. & C. 279; in that case the elector's place of abode was
two miles from the post town ; the notice was posted in time to reach the
post town on the 19th of August at 10 A.M., and it was held by Brett and
Denman, J.J., that though the objector had fulfilled all the conditions required
of him, there was no evidence that the elector had received the notice on
the 20th.
101. Throughout this Act, in the construction thereof, except
there be something in the subject or context inconsistent with
or repugnant to such construction, the word “county’” shall
extend to and mean any county, riding, parts, or division of a
county, respectively returning a knight or knights of the shire
to serve in Parliament; and the words “city or borough " shall
extend to and mean any city, borough, town corporate, cinque
port, district, or place within England and Wales returning a
member or members to serve in Parliament, other than counties
at large, and ridings, parts, and divisions of counties at large,
and to every place sharing in the election of a member for any
city or borough, and shall also include the town of Berwick-
upon-Tweed; that the words “clerk of the peace” shall com-
prehend and apply to any deputy or other person executing the
duties of such clerk of the peace ; and the words “town clerk’”
shall, except in regard to the cities of London and Westminster
and the borough of Southwark, extend to and mean any person
executing the duties of town clerk, or if in any city or borough
there shall be no such officer as town clerk, then to any officer
executing the same or like duties as usually devolve upon the
town clerk, or if in any city or borough there be no such person,
then to the returning officer of such city or borough, or to such
person as the returning officer may appoint for that purpose,
which he is hereby authorized to do ; and the words “barrister’’
or “barristers” shall respectively be taken to include a serjeant
or Serjeants at law; and the words “returning officer” shall
apply to every person or persons to whom by virtue of his or
their office, under any law, custom, or statute, the execution of
any writ or precept doth or shall belong for the election of a
member or members to serve in Parliament, by whatever name
or title such person or persons may be called; and the words
“parish or township” shall extend to and mean every parish,
township, village, hamlet, district, or place maintaining its own
poor; and the words “overseers” or “overseers of the poor”
shall extend to and mean all persons who by virtue of any
office or appointment shall execute the duties of overseers of the
l
6 Vict. c. 18.
Interpretation
clause.
“County.”
“City or
borough :”
“Clerk of the
peace ’’
“Town clerk :”
“ Barrister :”
“Returning
* $ 9
officer :
“Parish or
township ’’
“Overseers.”
#II
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PARLIAMENTARY IREGISTRATION ACT, 1843.
115
Overbeers.] Assistant overseers are included in this description : Points v.
Allwood, 6 (). IX. 38.
Iły the post.] Soo noto to s. 100.
Misnomer.] Comparo H. 75 of the Act, ante, p. 109. The provision as to
misnomerH applioH only to caseH whoro a party, intonding to doscribe accu-
rately, describes insufficiontly, as whoro a namo is Blightly mis-spelt : Iſºnton
v. Iſhton, 7 M. & G. 163, and not to cabos whore a placo of abode has been
changed : Melbourne v. Greenfield, 29 L. J. (J. P. 81; 7 (J. B. (N.S.) 1; 6 Jur.
(N.S.) 510; I II. T. 93. Sufficiency of description is a question of fact for the
rovising barrister : Jones v. Prilohard, I. I. 4 (J. P. 414; 38 L. J. C. P. 67;
19 I. T. 563; 17 W. R. 175; I H. & O. 91; Thackway v I’ilcher, L. R. 2 C. P.
100; 36 L. J. C. P. 73; 15 L. T. 443; 15 W. T. 223.
Soo further 8, 28, Bubs. 2 of the Act of 1878, p. 153.
[Schodulo A. Forms for Counties, No. 1, being Form of Precept,
repealed by Act of 1865, and the remainder by the Act of 1885.]
[Schedule B. Forms 1–4 for Boroughs repealed by Acts of 1878 and
1885.]
No. 5.
IIST of FREEMEN to be published by the Town CLERK.
THI, IIST of I'mlººmſ. N of the city [or borough] of [or of y
being a place sharing in the election with the city É. borough]
Of entitled to vote in the clection of a member [or members]
for the said city [or borough].
Christian Namo and Surname of each
Freeman at full Length. Place of his Abode.
No. 7.
NoTIOI of CLAIM by FREEMIN to be given to the Town CLERK.
To the Town Clerk of the City [or Torough] of
I HEREBY give you notice, that, I claim to have my name inserted in
the list made by you of persons entitled as freemen to vote in the election
of a member [or members] to serve in Parliament for the city [or borough]
of , and that my qualification is as freeman of , and that I
reside in Street, in this city [or borough, or as the case may be].
Dated this day of one thousand eight hundred and
(Signed) J.D.
6 Vict. c. 18.
[See s. 14,
p. 81.]
I 2
116 PART II.-REGISTRATION OF ELECTORS.
6 Vict. c. 18,
Sched. B. No. 9.
; as to LIST of CLAIMANTs to be published by the Town CLERK.
y'667/767.
THE following persons claim to have their names inserted in the list of the
freemen of the city [or borough] of [or of l, being a place
sharing in the election with the city [or borough] of l, entitled
to vote in the election of a member [or members] for the said city
[or borough].

Christian Name and Surname of each
Person as in Claim. Place of his Abode.
No. 13.
THE LIST of PERSONs objected to, to be published by the Town CLERK.
THE following Persons have been objected to as not being entitled to have
their names retained on the list of the freemen of the city [or
borough] of [or of | being a place sharing in the election
with the city [or borough] of l, entitled to vote in the election
of a member [or members] for the said city [or borough].

Christian and Surname of each Person
objected to. Place of his Abode.
iono Town Clerk of the said City
(Signed) A. B. } [or Borough or Place].
REGISTRATION ACT, 1843.−SCHED. C., FoRMs For CITY OF LONDON. 117
6 Vict. c. 18.
SCHEDULE (C.) [See s. 20,
p. 83.]
FORMS FOR TEIE CITY OF LONDON.
No. 1.
A LIST of such of the Freemen of London as are Liverymen of fle Com-
pany of entitled to vote in the election of members for the
City of London.
Christian Name and Surname of the Street, Lane, or other Description of
Voter at full Length. his Place of Abode.
(Signed) A.B., Clerk.
No. 2.
NOTICE or CLAIM to be given to the SECONDARIES of the City of London,
and to the CLERKS of the respective Livery Companies.
To the Secondaries of the City of London [or to the Clerk of the
Company of ..]
I HEREBY give you notice, that I claim to have my name inserted in the
list made by the clerk of the company of [or, in case of notice to
the clerk, say, made by you] of the liverymen of the said company, [or
in case of notice to the clerk, Say, of the liverymen of the company of
Lond J entitled to vote in the election of members for the City of
Oll(1OI).
Dated the day of
[Place of Abode.
(Signed) A.B. } Name of Company.]
118 PART II.-REGISTRATION OF ELECTORS.
6 Vict, c. 18, No. 3
Sched. C. • *-* *
— LIST of CLAIMANTS to be published by the SECONDARIES of the City of
Forms for City London.
of London.
THE following persons claim to have their names inserted in the list of
persons entitled to vote, as freemen of the City of London and livery-
men of the several companies herein specified, in the election of
members for the City of London

Christian Name and Surname of
Claimants, as in the Claim. Place of Abode. Name of the Company.
Dated the day of
(Signed) A.B. U ScCondaries of the City
C.D. of London.
No. 4.
NOTICE of OBJECTION to PARTIES inserted in the list of the livery.
TO Mr.
I HEREBY give you notice, that I object to your name being retained in
the list of persons entitled to vote, as freemen of the City of London and
liverymen of the company of in the election of members for the
said city.
Dated the day of
(Signed) A.B. of [Place of Abode], on the list of
voters of tº
No. 5.
NoTICE of OBJECTION to be given to the SECONDARIEs of the City of
London, and to the CLERKs of the respective Livery Companies.
To the secondaries of the City of London [or to the Clerk of the
Company of ..]
I HEREBY give you notice, that I object to the name of being
retained in the list of persons entitled to vote, as freemen of the City of
London and liverymen of the company of in the election of members
for the said City.
Dated this day of *
(Signed) A.B. of [Place of Abode], on the list of
voters of *
NOTE.-If the list contains two or more persons of the same name, the
notice should distinguish the person intended to be objected to.
PARLIAMENTARY INEGISTRATION ACT, 1843—SCIIEDs. C. & D.
119
No. 6.
THE LIST of PERSONs objected to, to be published by the SECONDARIES of
the City of London.
THE following persons have been objected to as not entitled to have their
names rotained on the list of persons entitled to vote, as freemen of
the City of London and liverymen of the several companies herein
specified, in the election of members for the said City.
*: each Place of his Abode. Name of the Company.
Dated the day of
(Signed) A.B. ) Secondaries of the
C.D. ſ. City of London.
SCHEDULE (D.)
No. 1.
TABLE of RATEs of PAYMENT to be demanded and paid for any list or copy
of a list (other than a register), where a payment is required and
authorized by this Act.
For any list or copy of a list containing any number of persons names—
Not exceeding 100 names
Exceeding 100 and not exceeding 200
Exceeding 200 and not exceeding 300
Exceeding 300 and not execeding 400
Exceeding 400
i
i
No. 2.
TABLE of RATES of PAYMENT to be demanded and paid for any copy of a
register or part of any register, where a payment is required and
authorized by this Act.
For every copy of any register or any part of any register containing any
number of persons names—
Not exceeding 1000 names &
Exceeding 1000 and not exceeding 3000
Exceeding 3000 and not exceeding 6000
Exceeding 6000 and not exceeding 9000 . &
Fxceeding 9000 . º e º . 10
[Note by Editors.] Table No. 1 of this Schedule appears to be superseded
i
i
6 Vict. c. 18.
[See ss. 3, 5, 8,
10, 13, 14,
and 18.]
120
PART II.—REGISTRATION OF ELECTORS.
6 Vict. c. 18.
14 & 15 Wict.
c. 14.
2 & 3 Will. 4,
c. 45.
* p. 17.
f p. 33.
by the tables prescribed by s. 21 of the Precepts in the Schedules 2 and 3 of
the Act of 1885, p. , counties, and p. , boroughs, which, however, repeat
it without variation. Table No. 2 has no corresponding table in the Schedules
to the Act of 1885.
14 & 15 Vict. c. 14. An Act to amend the Law for the
Registration of certain Persons commonly known as
“Compound Householders,” and to facilitate the Exer-
cise by such Persons of their Tight to vote in the
Election of Borough Members to serve in Parliament.
[3rd July, 1851.
Whereas by an Act passed in the second year of the reign of
his late Majesty King William the Fourth, intituled “An Act
to amend the Representation of the People of England and
Wales,” it is enacted,” that no person shall be registered to
vote for members to serve in Parliament in any year in respect
of the occupation of premises in any city or borough unless
such person shall have been rated in respect of such premises to
all rates for the relief of the poor in the parish or township
where the same are situated made during the time of such his
occupation, nor unless such person shall have paid on or before
the twentieth of July in such year all the poor's rates and
assessed taxes which shall become payable from him in respect
of such premises previously to the sixth day of April then next
preceding: And whereas the said Act was amended, in so far as
relates to the period when such rates and taxes shall be required
to be paid, by an Act passed in the session held in the eleventh
and twelfth years of her present Majesty, in tituled “An Act to
regulate the Times of Payment of Rates and Taxes by Parlia-
mentary Electors:”f And whereas by the said firstly-recited Act
it is further enacted, that it shall be lawful for any person
occupying premises in any city or borough which shall return a
member or members to serve in any future Parliament 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 situated are thereby required to put the name of such occu-
pier upon the rate for the time being, and in case such overseer
shall neglect or refuse so to do such occupier shall nevertheless
for the purposes of the said 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: And
whereas it is often inconvenient or impracticable for such per-
sons to make continual claim in respect of each rate, and many
14 & 15 WICT. CAP. T.4—CoMPOUND HOUSEHOLDERS.
121
persons are consequently deprived of the franchise: Be, it
therefore enacted, That and from after the passing of this Act
no person so claiming to be rated, and paying or tendering on
or before the twentieth day of July in each year the full amount
of the rate or rates (if any) due in respect of such premises on
the fifth day of January preceding, shall be required to make
any further claim in regard to any future rate upon the premises
in respect whereof his right to vote in any such election as
aforesaid shall arise, but shall be entitled to be put on the list
and to be registered as a voter, provided he shall have occupied
the premises in the manner and for the time required by the
said firstly-recited Act, and provided the poor's rates and
assessed taxes chargeable upon the same shall have been paid
for the period and up to the time required by law in respect of
all persons entitled to vote in the election of members of Par-
liament for any borough under the provisions of the said firstly-
recited Act.
It had been held in Wamsey v. Perkins (8 Scott, N. R. 970, 7 M. & G. 145,
14 L. J. C. P. 59, 9 Jur. 115), that under s. 30 of the Reform Act, 1832,
p. 20, ante, a claim to be rated was limited to the rate for the time being.
2. Every person so claiming as aforesaid who shall be re-
gistered as a voter in respect of the premises to which his
claim relates shall, in respect of every rate for the relief of the
poor made and published after such claim as aforesaid, while
he continues to occupy the same premises and to be a registered
voter in respect thereof, be liable to the same extent and in the
same manner as in respect of the rate published next before the
making of such claim.
3. In cases where by any composition with the landlord a
less sum shall be payable than the full amount of rate which,
except for such composition, would be due in respect of the
same premises, the occupier claiming to be rated shall not be
bound to pay or tender more than the amount then payable
under such composition.
28 Vict. c. 36. County Voters Registration Act, 1865.
An Act to amend the Law relating to the Registration of
County Voters, and to the Powers and Duties of Revising
Barristers in certain Cases. [2nd June, 1865.
“Whereas it is expedient to amend an Act passed in the Session
of Parliament holden in the sixth and seventh years of the reign
of her Majesty, intituled An Act to amend the Law for the registra-
tion of persons entitled to vote, and to define certain rights of voting,
and to regulate certain proceedings in the election of members to serve
in Parliament for England and Wales, so far as relates to the
14 & 15 Vict.
c. 14.
Persons having
once claimed
to be rated
and paying
rates due
5th January
preceding, not
required to
renew claim.
Liability
to rates to
continue.
Compositions
with landlord
to determine
amount of
rate.
28 Vict. c. 36.
122
PART II.-REGISTRATION OF ELIECTORS.
28 Vict. c. 36.
Short title.
Procept to
O WC]"S001’S.
Overseers to
publish
register.
Grounds of
objection to
be specified in
notice.
* p. 78.
registration of county voters, and to the powers and duties of
rovising barristors:” BE IT ENACTED, as follows:
1. This Act may be cited as “The County Voters Registration
Act, 1865,” and shall bo construed with and as part of the said
rocited Act, hereinafter tormed “the Principal Act.”
Tho Act oxtends in many cases to boroughs as well as countios. See Ss. 13–
16, which extonded to boroughs by virtuo of the Act itself, and Ss. 10, 11,
which were extended, with amendments, by ss, 24, 25 of the Act of 1878.
2. The clerk of the peace shall, on or before the tenth day of
June in overy year, make and cause to be delivered to the over-
Soers of the poor of overy parish and township within his
county his precept according to the Form No. 1. in Schedule {}
to this Act, instoad of the procept numbered 1. in Schodulo (A.
to the Principal Act, together with the forms of notices, list,
and copies of register in the Principal Act mentioned.
A further now form of precept is now provided by Sched. 2 of the Act of
1885, p. 180, post.
3. The clerk of the peace of every county shall, together with
the precept, transmit to the overseers of every parish or town-
ship within such county a sufficient number of copies of the
part or parts of the register relating to such parish or township ;
and the overseers of the poor of every parish and township shall,
on or boforo the twentieth day of June in every year, and at the
same time with the publication of the notice mentioned in the
fourth section of the Principal Act, publish a copy of the register
then in force relating to their parish or township, and shall re-
move the same after a period including two Sundays at least,
and not later than the twentieth day of July.
4. The twentieth day of August shall be the last day for giving
notices of objection to the overseers and to the person objected to ; and
the seventh section of the Principal Act shall be read as if the word
“twentieth " had been substituted therein for the word “twenty-fifth.”
Itepealed by Act of 1885. Soo s. 3 of that Act which makes the 20th of
August a date of gonoral application, thus rendering the section unnecessary.
5. The first day of September shall be the last day for the delivery,
by the overseers, to the clerk of the peace, of the papers mentioned in
the minth section of the Principal Act ; and such section shall be read
as if the words “first day of September" had been substituted therein
for the words “twenty-ninth day of August.”
Repealed by Act of 1885. Seo s. 3 of that Act and noto to last sootion.
6. Any notice of objection to any porson on the list of claim-
ants for any parish or township may be given according to the
provisions of the seventh section of the l’rincipal Act,” but with
that exception no notice of objection given under the provisions
of the said seventh section, other than a notice to the overseers,
shall bo valid, unless the ground or grounds of objection be spe-
cifically stated thoroin ; and this provision shall be deemed to
be sufficiently satisfied by naming the column or columns of the
COUNTY WOTERS REGISTRATION ACT, 1865.
123
Iist on which the objector grounds his objection : Provided
always, That if the objection be grounded on the third column,
then it shall be necessary to state in the notice whether the ob-
jection relates to the nature of the voter's interest in the quali-
fying property, or to the value of the qualifying property, or to
both ; and each of such last-mentioned grounds of objection
shall be deemed a separate ground of objection, as well as any
objection grounded on any one of the other columns; and such
last-mentiomed notice may be according to the Form numbered 2 in
Schedule (A.) to this Act, or to the like effect, in substitution for the
IForm numbered 5 in Schedule (A.) to the Principal Act.
By s. 26 of the Act of 1878, p. 152, this section is in effect oxtended to objec-
tions in boroughs within that Act. The form of notice in Schedule A. to the
Act is superseded by Form No. 5 º in Schedule 2, Part II, of the Act of
1885. The corresponding form for boroughs is Form I., No. 2, in Schedule 3
of the same Act.
7. No person objected to under the provisions of this Act
shall be required to give evidence before the revising barrister
in support of his right to be registered, otherwise than as such
right shall be called in question in such ground or grounds of
objection.
By s. 26 of the Act of 1878, p. 152, this and the next section are expressly
extended to boroughs.
8. Every separate ground of objection shall be treated by the
revising barrister as a separate objection; and for every ground
of objection which, in the opinion of the revising barrister, shall
have been groundlessly or frivolously and vexatiously stated in
a notice of objection, he shall, on the application of the person
objected to, or any one on his behalf, and upon production of the
notice of objection, award costs against the objector to the
amount at least of two shillings and sixpence, and this through
the name of the person objected to be expunged upon some other
ground of objection stated in the same notice of objection.
As to costs in Revision Court generally, sco S. 46 of the Act of 1843 and
S. 13 of this Act, which raises the maximum amount from forty shillings to five
pounds.
9. The provisions of the hundredth section of the Principal
Act shall apply to notices of objection given under the provisions
of this Act.
The 100th section of the Act of 1843 provides that any notice of objection
may be sent by the post.
10. Any person whose name appears on the list of voters then
in force, and whose then place of abode is not correctly stated
in the said list, or who shall have received a notice of objection
grounded on the second column of the list, and who shall have
possessed on the last day of July the same qualification in re-
spect of which his name has been inserted on the list, may, if he
think fit, make and subscribe a declaration before any justice of
the peace, or any commissioner or other person authorized to
28 Vict. c. 36.
Evidence by
person objected
to.
Each ground
of objection to
be treated
separately.
Posting of
notice.
Declaration by
persons
changing
abode, and by
persons
objected to.
124
IPART II.—IREGISTRATION OF ELECTOIRS.
28 Vict. c. 36,
s. 10.
JOcclaration of
change of
abodo, and by
person ob-
jected to.
* Now 14th,
and in 1885,
5th,
Penalty for
falsely signing
such declara-
tion.
administer oaths in any of hor Majesty's Superior Courts at
Westminster, in the form contained in Schedule (B.) to this Act,
or to the like effect; and all such declarations shall be duly
dated, and shall, on or before the fourteenth * day of September,
be transmitted to the clerk of the peace; and it shall be the
duty of the clerk of the peace to endorse on overy such declara-
tion the name of the polling district, and of the parish or town-
ship in which the qualification to which the declaration relates
is situate, and the name of the person making the declaration,
and also the date on which he has received the same, and to
affix his initials to such last-mentioned ondorsement, and to
deliver all such declarations to the revising barristor at his first
Court, arranged under the heads of the several polling districts
according to the alphabetical order of the parishes and town-
ships; and every rovising barrister shall, for the purpose of cor-
recting the statement in the list of the place of abode of such
person, receive any such declaration as evidence, to be used in
Court at the proper time, if transmitted to the clerk of the peace
on or before such last-mentioned day, of which the endorsement
in that behalf by the clerk of the peace shall be primá facie
proof, and if purporting to be subscribed before a justice of the
peace, or commissioner, or other person authorized as aforesaid,
without proof of the signature of the person subscribing the
same, or of the justice, commissioner, or person before whom the
same purports to have been subscribed, unless he shall have
good reason to doubt the genuinoness of any signature thereto;
and all such declarations may be perused by any person at the
office of the clork of the peace, without payment of any fee, at
any time between the hours of ton of the clock in the forenoon
and four of the clock in the afternoon of any day, except Sunday,
before the twontieth day of September; and the clerk of the
peace shall delivor copies of any such declaration to all persons
applying for the same, on payment of the price of fourpence per
folio of seventy-two words.
By S. 4, subs. (2) of the Act of 1885, declarations under this section must bo
transmitted to the clerk of the peaco before the 12th (instead of before the
14th) day of September, and the declarations are to be open for inspection,
and copies are to be on Sale “on any day prior to the first day on which a
Court for the revision of the lists of voters in a parliamentary county can be
held; ” and by s. 30 (a) of tho Seats Act, p. 241, tho declarations are to be
Bent, in 1885, on or before the 5th.
The form is now, ſor ownership voters, Form No. 7 of Schedulo 2, Part I.,
of the Act of 1885, p. 194, and for occupation votors Form M. of Schedule 2,
I’art I, of the same Act, p. 204.
11. Any person falsely or fraudulently signing any such de-
claration in the name of any other person, whether such person
shall be living or dead, and overy person transmitting as genuine
any false or falsified declaration, knowing the same to be false
or falsified, and any person knowingly and wilfully making any
false statement or fact in such declaration, shall be guilty of a
misdemeanor, and punishable by fine or imprisonment for a term
COUNTY WOTERS REGISTRATION ACT, 1865—CoST8, &c.
125
not exceeding one year, and the revising barrister shall have
power to impound any such declaration.
12. No Court shall be holden by a revising barrister for the revi-
sion of the lists of any county before the twentieth day of September in
any year.
Repealed by Act of 1885.
13. Every order for costs by a rovising barrister, whether
rovising the lists of a county, city, or borough, in the case of any
objection, shall be made before his proceeding to hear any objec-
tion stated in any other notice of objection, and such order may
be delivered either to the person to whom the costs shall therein
be ordered to be paid, or to some other person on his behalf:
Provided always, That this Section shall not be taken to repeal the
last proviso contained in the forty-sixth of the Principal Act.
14. The sum ordered to be paid by way of costs shall not
upon any one vote exceed the sum of five pounds, and the forty-
sixth section of the Principal Act shall be read as if the words
“five pounds” had been substituted therein for the words
“twenty shillings.”
This section, the opening words of which seem to point to a decrease of the
amount, raises it in ordinary cases from 40s. to £5.
See S. 40 of that Act, and note, p. 169.
15. It shall be the duty of every revising barrister, whether
revising the lists of a county, city, or borough, before signing
any page of any list, as required by the forty-first section of the
Principal Act, to read out audibly in open Court the names
expunged and inserted by him therein, and all corrections and
insertions made by him.
16. It shall be lawful for any revising barrister, whether re-
vising the lists of a county, city, or borough, to order any person
to be removed from his Court who shall interrupt the business
of the Court, or refuse to obey his lawful orders in respect of the
same; and it shall be the duty of the chief constable, commis-
sioner, or chief officer of the police of the county, city, borough,
or place in which the Court is held, to take care that an officer
of police do attend that Court during its sitting, for the purpose
of keeping order therein, and to carry into effect any order of
the revising barrister as aforesaid.
This section does not authorize an order of removal on the ground of past
misconduct at a prior revision: Willis v. Maclachlan, 1 Ex. D. 376; 45 I, J.
Q. B. 689; 35 L. T. 218; in this case the defondant, a revising barristor, had
ordered the removal of the plaintiff on the ground of having wrongfully with-
held documents, and by So doing caused a claimant to lose his vote. The
plaintiff suing for falso imprisonment, the defendant obtained a nonsuit on
the ground that his discretion under this Soction could not be renewed, but
the Court sot the monsuit aside. •
17. I'or the purposes of this Act the word “value” shall in
the case of an objection to any person claiming to be retained or
inserted in the list as an occupying tenant mean “amount of
rental.”
28 Vict. c. 36.
Orders for
costs.
Costs up to £5.
Revising
barrister to
read out names
expunged and
inserted.
Power to
remove persons
from Court
who interrupt
proceedings.
Meaning of
“Yalue.”
126
PART II,_REGISTTATION OF ELECTORS.
28 Vict, c. 36.
29 & 30 Vict,
c. 54.
6 & 7 Vict.
c. 18.
Barristor
being a com-
missioner
under 16 & 17
Vict, c. 57
not disqualifical
as revising
barrister.
30 & 31 Vict,
c. 102.
Notice of rate
in arrear to be
given by
overseers to
Voters.
SCIIEDULES TO WITICII TIIIS ACT REFERS.
SCIIEDULID (A.)
[No. 1.-Precept of the clerk of the peace to the overseers. Superseded
by I'orm No. 1 in Act of 1885.]
[No. 2.--Notice of objection to parties already on regisler objected to by
any person other than overseers and to occupying tenant. Superseded by
I'orm No. 5 b in Act of 1885.]
SCIIEDULE (B.)
[Form of declaration by voter as to his place of abode. Superseded by
l'orms 7 and M. of Act of 1885.]
29 & 30 Vict. c. 54. An Act to amend the Law relating
to the Qualifications of Revising Barristers.
[30th July, 1866.
“Whereas it is oxpodient to amend an Act passed in the sixth
year of the reign of her prosont Majesty, intituled An Act to
amend the Law for the IRegistration of IPersons entitled to vote and
to define certain Rights of voting, and to regulate certain Proceedings
in the Election of Members to serve in Parliament for England and
Wales, so far as it relates to the qualifications of revising bar-
ristors;” 131, IT ENACTED, as follows:
1. That, notwithstanding anything in the recited Act, the
appointment of or the holding office by any barrister as a com-
missioner appointed before or after the passing of this Act,
under an Act of the fifteenth and sixtoonth years of the reign of
her present Majosty, chapter fifty-seven, shall not disqualify
such barrister for the appointment to or from holding the office
of revising barrister.
30 & 31 Vict. c. 102. Tepresentation of the People Act,
1867.
[Tor sections of this Act not here given, 800 Part I, “Qualification of Electors,”
ante, and Parts III, IV, V., “Electoral Areas,” “Disqualification of
Candidates,” and “Tho I'lection,” post.]
28. Where any poor rate due on the fifth day of Jauuary in
any year from an occupier in respect of premises capable of con-
forring the franchiso for a borough remains unpaid on the first
day of June following, the overseers whose duty it may be to
collect such rate shall, on or before the twentioth of the same
month of June, unless such rate has previously been paid, or
has been duly demandod by a demand note, to be served in like
REP. OF TIII, PEOPLE ACT, 1867—NoTICE or RATES.
127
manner as the notice in this section referred to, give or cause to
be given a motice in the Iſoran set forth in Schedule (D.) to this
Act to overy such occupier. The notice shall be deemed to be
duly given if delivered to the occupier or left at his last or usual
place of abode, or with some person on the promises in respect
of which the rate is payable. Any overseer who shall wilfully
withhold such notice, with intent to keep such occupier off the
list or register of voters for the said borough, shall be deemed
guilty of a breach of duty in the execution of the Registration
Acts.
See now Form C., No. 1, in Schedule 3 of the Act of 1885, p. 221, which
by s, 18 of that Act replacos tho form proscribed by this section, and as
to counties, soo l'orm C., No. 1, in Schedule 2 of tho Samo Act.
29. The overseers of every parish wholly or partly within a
borough shall, on or befo o the twenty-second day of July in
overy year make out a list containing the name and place of
abode of overy person who shall not have paid, on or before the
twentieth day of the same month, all poor rates which shall
have become payable from him in respect of any promises
within the said parish before the fifth day of January then last
past, and the overseers shall keep the said list, to be perused by
any porson, without payment of any foe, at any time between
the hours of ton of the clock in the forenoon and four of the clock
in the afternoon of any day oxcept Sunday during the first
fourteen days after the said twenty-second day of July; any
overseer wilfully neglecting or refusing to make out such list,
or to allow the same to be perused as aforesaid, shall be deemed
guilty of a breach of duty in the execution of the registration
Acts.
IRegistration of Voters.
30.* The following regulations shall in and after the year
one thousand eight hundred and sixty-eight be observed with
rospect to the registration of voters:
1. The overseers of overy parish or township shall make
out or cause to be made out a list of all persons on
whom a right to vote for a county in respect of the
occupation of premisos is conferred by this Act, in the
same mammer, and subject to the same regulations, as
nearly as circumstances admit, in and subject to which
the overseers of parishes and townships in boroughs
are required by the Registration Acts * to make out or
cause to be made out a list of all persons entitled to
vote for a member or members for a borough in respect
of the occupation of premises of a clear yearly value
of not less than ten pounds:
2. The claim of every person desirous of being registered as
a voter for a member or members to serve for any
borough in respect of the occupation of lodgings shall
30 & 31 Vict,
c. 102.
Penalty for
withholding
notice.
Overseers to
make out list
of persons in
arrear of rates,
to be open to
perusal with-
out fee.
Penalty for
neglect.
Registration
of lodgers.
* Repealed
carcept as to
!odgings, by
Act of 1885.
* p. 80.
128
PART II. T.EGISTRATION OF ELECTORS.
30 & 31 Vict.
c. 102, s. 30.
Claim by
Lodger.
* Now 20th.
f p. 83.
1 p. 92.
Definition of
“expenses of
registration.”
§ p. 102.
be in the Form numbered 1 in Schedule (G.), or to the
like effect, and shall have annexed thereto a declara-
tion in the form and be certified in the manner in the said
8chedule mentioned, or as near thereto as circumstances
admit; and every such claim shall after the last day
of July and on or before the twenty-fifth * day of August
in any year be delivered to the overseers of the parish
in which such lodgings shall be situate, and the par-
ticulars of such claim shall be duly published by such
overseers on or before the first day of September next
ensuing in a separate list, according to the Form
numbered 2 in the said Schedule (G.):
So much of Section 18, of the Act of the session of
the sixth year of the reign of her present Majesty,
chapter eighteen,f as relates to the manner of publish-
* º tº e *
ing lists of claimants, and to the delivery of copies
thereof to persons requiring the same, shall apply to
overy such claim and list; and all the provisions of
the 38th and 39th sections of the same Act; with
respect to the proof of the claims of persons omitted
from the list of voters, and to objections thereto, and
to the hearing thereof, shall, so far as the same are
applicable, apply to claims and objections, and to the
hearing thereof, under this section.
This section is repealed, except as to lodgers, by s. 17 of the Act of 1885,
and Schedule 1, post. See pp. 165 and 187.
20th day of August substituted for 25th day of August by s. 3 of the Act of
1885, p. 167.
Lodgers already on the register may make a claim on or before the 25th of
July, and tho overseers on or before the 31st of July must make out a list
called the “Old Lodgers List” of the persons so claiming. See s. 22 of the
Act of 1878, p. 150. Ty making such a claim they can be objected to only
after notice of objection, whereas if they delay the claim till the 25th of
August they may be objected to under S. 39 of the Act of 1843, p. 92, without
such notice.
The forms prescribed by the Soction were replaced by Forms H., No. 2, and
R., No. 2, of the Act of 1878, which latter forms are now replaced by Forms
II., No. 2, in Schedulo 3 of the Act of 1885, which schedule also contains a
new form for lodgers in counties (Forms H., No. 2 of Schedule 2), and “Old
Lodgers Lists.”
It was essential under this section that the lodger should claim annually,
and the creation of the “Old Lodgers” lists doos not dispense with the obli-
gation to claim annually. But s. 23 of the Act of 1885, p. 150, provides that
the lodger's declaration is primá facie evidence of his qualification.
31. The word “expenses” contained in the sections fifty-
four and fifty-five of the said Registration Act of the session of
the sixth year of the reign of her present Majesty, chapter
eighteen,' shall be deemed to and shall include and apply to all
proper and reasonable fees and charges of any clerk of the peace
of any county, or of any town clerk of any city or borough, to
be hereafter made or charged by him in any year for his trouble,
care, and attention in the performance of the services and duties
imposed upon him by the same Act or by this Act, in addition
REPRESENTATION OF THE PEOPLE ACT, 1867.
129
--—
to any money actually paid or disbursed by him for or in respect
of any such services or duties as aforesaid.
32. Whereas several of the hundreds mentioned in the third
column of the said Schedule (D.), and therein assigned to Mid
Ilincolnshire, are situate in the parts of Ilindsey, and others are
situate in the parts of Kesteven, and the liberty of Lincoln con-
sisting of the city and the county of the city of Lincoln is
situate partly in the parts of Lindsey and partly in the parts of
Kesteven, and there are separate clerks of the peace for the said
parts of Lindsey and Kesteven. In forming the register for the
said division of Mid Lincolnshire the clerk of the peace of the
parts of Lindsey shall do and perform all such duties as are by
law required to be done by clerks of the peace in regard to such
of the hundreds assigned to Mid Lincolnshire as aforesaid as are
situate within the said parts of Lindsey, and in regard to so
much of the liberty of Lincoln aforesaid as is situate within the
said parts of Lindsey; and the clerk of the peace of the parts of
Kesteven shall do and perform all such duties as are by law re-
quired to be done by clerks of the peace in regard to such of the
said hundreds assigned to Mid Lincolnshire as aforesaid as are
situate within the said parts of Kesteven, and in regard to so
much of the liberty of Lincoln aforesaid as is situate within the
said parts of Kesteven.
34. In every county the justices of the peace . . . . may
. . . . divide such county into polling districts, and assign to
each district a polling place in such manner as to enable each
voter, so far as practicable, to have a polling place within a con-
venient distance of his residence; and the justices shall adver-
tise . . . . a description of the polling districts so constituted
by them and the name of the polling place assigned to each
district, and shall name the polling places at which the revising
barristers are to hold their courts, and no revising barrister
shall be obliged to hold his court at any polling place not so
named . . . .
The local anthority of each borough shall, if they think con-
venience requires it . . . . divide each borough into polling
districts . . . .
Where any parish in a borough is divided into or forms part
of more than one polling district, the overseers shall, so far as
practicable, make out the lists of voters in such manner as to
divide the names in conformity with each polling district.
The town clerk as defined by the Act of the sixth Victoria,
chapter eighteen, shall cause the list of votels for each borough
to be copied, printed, arranged, and signed, and delivered in the
manner directed by the said Act, so as to correspond with the
division of the borough into polling districts . . .
[For parts of this section not here given see post, Part W., “The Election.”]
See further s. 18 of the Act of 1868, and s. 4 of the Aet of 1885.
30 & 31 Vict.
c. 102.
Provision as
to duties of
clerks of peace
in parts of
Lincolnshire.
Revision
courts at
polling places
for counties.
Arrangement
of the borough
lists to corres-
pond with
polling
districts.
}X
130
PART II.—IREGISTRATION or T.I., E('I'().T.S.
30 & 31 Wict.
sº-- *-*.*.*.*.*.*.*-*-*:
c. 102, H. 38.
Time for
delivery of
list8.
Common.co-
mont of
register.
31 & 32 Vict,
C.
58.
I)oſinition of
principal Act.
I) uties of town
clerk, town
council, and
justioch as to
polling
district.
*
!).
120.
38. The forty-seventh and forty-eighth Soctions of the sixth
yoar of the reign of her present Majesty, chapter eighteen,
relating to the transmission and dolivory of the book or books
containing the list of voters to the shoriff and returning officer,
shall be construed as if the word “December" were substituted
in those Soctions for the word “November,” and the said book
or books shall bo the register of porsons on titled to vote for the
county or borough to which such register relatos, at any elec-
tion which takes place during the year commoncing on the first
day of January noxt after such registration is mado.
S(III) I) (JI, I.S.
I'or Schodules A.-I). and II., Boe post, Parth III. and IV.
§. ſº. — Notice of ſtates in Arreſtºr. Replaced by I'orm (). I, in
Schedules 2 and 3 of Act of 1885.]
[Schodulo (;.… I'orms as to 1,00'ſſers. Replaced by I'orm Il. 2, in
Schedule 3 of Act of 1885.]
31 & 32 Vict. c. 58. I’arliamentary Tºlectors Registra-
tion Act, 1868.
An Act to amend the Law of legistration so far as
relates to the Year One thousand eight hundred and
sixty-eight, and for other l’urposes relating thereto.
|16th July, 1868,
“Whereas it is expedient to make provision for expediting the
completion of tho Togistration of Parliamentary electors during
the present year, and to make cortain amondments in the law
rolating to elections: ” BE IT ENACTED, as follows:
I’reliminary.
1. “Principal Act” in this Act shall mean the Act passed in
the session of the sixth and soventh years of the reign of her
present Majesty, chapter eighteen, imtituled An Act to amend the
Law for the IRegistration of persons entitled to vote, and to define
certain righls of voting, and to regulale certain proceedings in the
election of members to serve in Parliament for Ingland and Wales,
as amended by “The County Votors Registration Act, 1865.”
[17. Amendment of 5. 30 of Act of 1867, by declaring that 8, 15 of Act of
1843 applies to persons on whom occupation franchise in counties was conferred
by Act of 1867.-ſtopoulod by Act of 1885.]
18. Where a municipal borough forms part of a parliamentary
borough the town clerk of such municipal borough shall be deemed
to be the town clerk within the meaning of the thirty-fourth
section of the Representation of the People Act, 1867,” and the
Acts rolating to registration.
The local authority within tho meaning of the same section,
PATRLIAMENTARY ELECTORS REGISTRATION ACT, 1868.
131
grºw,”==-“-ºw-
in boroughs where the Town Council is not the local authority,
shall be the Justices of the Poace of the Potty Sossional Division
in which such borough is situate, or if such borough be situate
in or comprise more than one Petty Sessional Division then the
justices in goneral or quarter Bessions having jurisdiction over
such borough or the greater part thereof in area.
[19. £12 000upier8 in counties to appear in separate list.—I&opealed by Act
of 1885.]
20. Notwithstanding anything contained in the thirtieth sec-
tion of the Representation of the People Act, 1867,” and the thirty-
eighth section of the Principal Act therein referred to, the names
of the persons in any parish or township on whom a right to vote
for a member or members to serve for any borough in respect of
the occupation of lodgings is conferred by the Representation of
the People Act, 1867, shall in the lists and register of voters for
such boroughs, appear in a separate list.
[21. Issue of writs to the County Palatino of Durham.]
Miscellaneous Amendments.
22. Where any parish in a county, city, or borough forms part
of more than one polling district, the part of such parish situate
in each polling district shall be deemed to be a separate parish
for the purposes of the revision of voters and the lists and register
of voters, and may be designated by some distinguishing addition
in the list of voters for such part of a parish.
A notice of objection mood not specify on which list the objector's name
appears, if Iwo lists be mado out: Chorlton v. Tonge Qºrºrº, II. IR. 7 C. P.
178; 4.1 L. J. C. l’. 33 ; 26 II. T. 25; 20 W. R. 338; I II. & C. 332; nor on
which part of the list, if a divided list be made, as appears to be moro in
accordanoo with this section.
23. Whereas it is expedient to provide a summary remedy for
the recovery by town clerks and returning officers of sums of
money due to them in respect of expenses incurred in pursuance
of the Rogistration Acts: Bo it enacted, That if the overseers of
any parish or township refuse or neglect to pay to the town clerk
or returning officer of any borough, out of the first monies to
be collected for the relief of the poor, any contribution or sum
required to be paid to him by the fifty-fifth section of the Principal
Act, or any Act amonding the same, or any part of such contri-
bution or sum, it shall be lawful for any Justice of the Peace for
the county or place within which such parish or township is
wholly or in part situate, upon information and complaint in
Writing, and after seven days motice in writing to be served
upon such overseers or one of them, by warrant under his hand
to levy such contribution or sum by distress and sale of the
goods of the offender or offenders, together with all costs occa-
Sioned by the making of such complaint, service of such summons,
and the obtaining and executing such warrant.
31 & 32 Vict.
c. 58.
Lodgers to
appear in
separate list.
* p. 127.
Parish situate
in more than
one polling
district.
Recovery of
expenses by
town clerks
and returning
officers.
R 2
132
PART II. REGISTRATION OF ELECTORS.
31 & 32 Vict.
c. 58.
Appointment
of revising
barristor for
borough in
more than one
circuit.
**-x-º-º:
Production of
rate books by
OVC 1’SC01’S.
Revising
barrister
may summon
overseers, &c.
Application of
certain rating
sections to
counties.
Iºxpenses of
overseers and
relievi ng
oſlicers.
[24. Numbers in polling booths.-Repealed by Ballot Act, 1872.]
25. Where a borough is situated partly in one circuit and
partly in another the judge of the circuit in which the greater
part in extent of such borough is situate shall appoint the
revising barrister for such borough.
[26. Power of clerk of peaco in case of alteration of boundaries under Acts
passed in 1867 or 1868.]
[27. Returning officer for Thirsk.]
28. The overseers of every parish or township shall produce to
the barrister appointed to revise the lists of voters of any county,
whilst holding his court for revising the lists relating to their
parish or township, all rates made for the relief of the poor of
their parish or township between the fifth day of January in the
year then last past and the last day of July in the then present
year; and any overseer wilfully refusing or neglecting to pro-
duce any such rates shall be deemed wilfully guilty of a breach
of duty in the execution of the Principal Act, and be punishable
accordingly.
Seo S.S. 34 and 35 of the Act of 1843.
29. The barrister appointed to revise the lists of voters of any
county, whilst holding his court for revising the lists relating to
a parish or township, may require any overseer or overseers of a
past year, or other person having the custody of any poor rate of
the then current or any past year, or any relieving officer, to
attend bofore him at any such court, and they shall attend accord-
ingly, and answer all such questions as may be put to them by
the barrister; and any overseer or relieving officer wilfully re-
fusing or neglecting to comply with the requirements authorized
to be made by the revising barrister in pursuance of this section
shall be punishable in the same manner in which an overseer
wilfully guilty of a breach of duty in the execution of the Prin-
cipal Act is punishable under the Principal Act.
Soe ss. 34 and 35 of the Act of 1843.
30. The thirtieth section of the Act of the session of the second
year of King William the T'ourth, chapter forty-five, and the
seventy-fifth section of the Principal Act, shall apply to all
occupiers of premises capable of conferring the franchise for a
county under the representation of the l’eople Act, 1867.
See this section with notes, p. 20, ante.
31. All expenses properly incurred by an overseer in pursuance
of this Act shall be deemed to be expenses properly incurred by
him in carrying into effect the provisions of the Principal Act,
and any expense incurred by any relieving officer in attending a
revising barrister in pursuance of this Act (the amount to be
certified by the revising barristor) shall be deemed to be ex-
PARLIAMENTARY ELECTORS REGISTRATION ACT, 1868.
133
penses properly incurred by him in the execution of his duty as
relieving officer, and shall be defrayed accordingly.
See further as to expenses, s. 57 of the Act of 1843, and s. 30 of the Act of
1878. As to expenses of clerks of the peace and town clerks, see SS. 7 and 14
of the Act of 1885.
32. The certificate given to the overseers by the revising
barrister under section fifty-seven of the Principal Act for the
expenses incurred by them in carrying into effect the provisions
of the Registration Acts shall be final and conclusive; provided
nevertheless, that such certificate shall be signed by the revising
barrister in open Court, and any ratepayer present shall have a
right to inspect the account of expenses delivered in by the
overseers, and to object to any item or items included therein,
before such account is allowed by the revising barrister, who
shall hear any such objection and make a decision respecting
the same.
33. Whenever a borough returning a member or members to
serve in Parliament becomes a municipal borough the authority
of the person who may for the time being be acting as returning
officer shall cease, and the mayor shall take his place, subject
nevertheless to the repayment to such first-mentioned returning
officer of any expenses properly incurred by him in the execution
of the duties of his office.
[34. Issue of precepts, &c., in case of altered or disfranchised boroughs.]
35. Where the boundary of any county or borough is altered
in pursuance of any Act passed during the present session of
Parliament, any clerk of the peace, town clerk, returning officer,
or other officer who would have jurisdiction in relation to the
registration of voters, or in relation to the election of members
to serve in Parliament, within such county or borough if it had
remained unaltered, shall have jurisdiction over the area consti-
tuting such county or borough as altered by the said Act.
[36. Scotland.]
37. The clerk of the peace of every county, and the town
clerk or other officer having charge of the register of every city
or borough respectively, shall in each and every year within
twenty-one days after the first day of February transmit to one
of her Majesty's principal Secretaries of State a printed copy of
the register of voters then in force for such county, city, or
borough. ?
31 & 32 Vict.
c. 58.
Certificate of
revising
barrister as to
expenses to be
conclusive.
Returning
officer where
parliamentary
borough
becomes
municipal.
Provision as to
officers in case
of altered
boundaries
of counties
and boroughs.
Copies of
registers to be
transmitted to
Secretary of
State.
134
PART II.—REGISTRATION OF ELIECTORS.
36 & 37 Vict.
c. 70.
Iłevising
Barristers.
Short title.
Repeal of Acts
in schedule.
Power to
Queen in
Council to
alter number
of revising
barristers.
Evening
sittings of
revision court.
Adjournment
of court by
revising
barrister.
36 & 37 Vict. c. 70. Tevising Barristers Act, 1873.
An Act to amend the Law relating to the appointment
of Revising Barristers and the holding of Revision
Courts. [5th August, 1873.
“Whereas it is expedient to amond the law relating to the
appointment of revising barristers and the holding of revision
courts;” BI IT ENACTED, as follows:
1. This Act may be cited as “The Revising Barristers Act,
1873.” -
2. The Acts specified in the schedule to this Act are hereby
repealed from and after the passing of this Act to the extent
specified in the third column of the schedule, without prejudice
to anything done or suffered before the passing of this Act under
the enactments hereby repealed.
3. IIer Majosty by Order in Council may vary from time to
time, either by way of increase or decrease, the number of
revising barristers to be appointed for any counties, cities,
boroughs, or places in pursuance of section twenty-eight of the
Parliamentary Electors Registration Act, 1843, and the number
fixed by such order shall be substituted for the number fixed by
the said section, or by any previous Order in Council made
under this or any other Act. *
4. Every barrister appointed to revise the lists for a Parlia-
mentary borough containing, according to the last Census for the
time being, more than ten thousand inhabitants, shall hold at
least one evening sitting of his court in such borough.
An ovening sitting shall commence not earlier than six nor
later than seven o'clock in the evening, and shall be of such
duration as, in the opinion of the revising barrister, shall be
reasonable.
Special notice or notices of an ovening sitting or of evening
sittings to be held in a borough shall be published by the town
clerk in such manner as the revising barrister may direct.
5. If a rovising barrister is prevented by illness from holding
a court at any place in a county or borough at the appointed
time, he may, by notice in writing addressed to the clerk of the
peace of such county, or town clerk of such borough, adjourn
such court to some other day named in the notice, and the court
shall be adjourned accordingly ; and the clerk of the peace or
town clerk on the receipt of such notice shall forthwith give
public notice of such adjournment, in like manner as he gives
notice of the time at which the revising barrister will hold his
court.
A formal adjournment of the court of a revising barrister
from day to day shall not be necessary, but the revision shall
be deemed to be adjourned, and may be continued from day to
day until concluded : I’rovided that no court shall be adjourned
IREVISING BARRISTERS ACT, 1873—ADJOURNMENT.
135
under this section to any day later than the thirty-first day of
October in any year.
6. In this Act—
The term “The Parliamentary Electors Registration Act,
1843,” means the Act of the session of the sixth and seventh
years of the reign of her present Majesty, chapter eighteen,
intituled “An Act to amend the law for the registration of
persons entitled to vote and to define certain rights of voting,
and to regulate certain proceedings in the election of members
to serve in Parliament for England and Wales'':
The term “Parliamentary borough " and “Borough " mean a
city or borough as defined by the Parliamentary Electors Regis-
tration Act, 1843:
The other terms used in this Act have the same meaning as
in the Parliamentary Electors Registration Act, 1843, and the
enactments amending the same.
7. This Act shall not extend to Scotland or Ireland.
SCHEDULE.
26 & 27 Vict. c. 122 An Act to enable her Ma- | Section four.
jesty in Council to make
alterations in the circuits
of the Judges.
35 & 36 Vict. c. 84 An Act to amend the Law Section three.
relating to the appoint-
ment of Revising Bar-
risters. -
Order in Council under Revising Barristers Act, 1873.
July 9, 1885.
Whereas by the third section of the Revising Barristers Act,
1873, it was enacted that her Majesty, by Order in Council,
might vary from time to time, either by way of increase or
decrease, the number of revising barristers to be appointed for
any counties, cities, boroughs, or places, in pursuance of s. 28
of the Parliamentary Electors Registration Act, 1843,” and
that the number fixed by such Order should be substituted for
the number fixed by the said section, or by any previous Order
in Council made under the Revising Barristers Act, 1873, or
any other Act:
And whereas by Order in Council dated the 27th day of June,
1876, the number of revising barristers was prescribed as set
forth in the schedule of the same Order: (a)
(a) By the schedule to the Order of For Middlesex, 3; in Northern Cir-
27th of June, 1876, the numbers cuit, 8; in North-Eastern Circuit, 10;
W Cl'C :— in Midland Circuit, 13; in South-
36 & 37 Vict.
c. 70.
Interpretation.
Extent of Act.

* p. 87.
136
BART II.-REGISTRATION OF ELECTORS.
Order in
Council wrºder
Ičevising Bur-
Tisters Act,
1873.
* p. 240.
And whereas by s. 29 of the Redistribution of Seats Act,
1885,” it is enacted that where the Lord Chief Justice or
Judge appoints in the present year barristers for counties and
boroughs, he shall appoint them to act for all the counties and
boroughs for which he has power to appoint revising barristers;
and each barrister, when acting for any county or borough,
shall have the same duties, powers, and authorities, as if he had
been appointed sole revising barrister for such county or
borough (a). -
It is therefore ordered by the Queen's Most Excellent Majesty,
by and with the advice of her Most Honourable Privy Council,
that the number of revising barristers to be appointed in manner
aforesaid in the present year (b) shall be as set forth in the
schedule to this Order. -
The said Order of the 27th day of June, 1876, is hereby
revoked (b).
C. L. PEEL.
SCHEDULE.
Number of revising barristers to be appointed— (c)
For the County of Middlesex, and for the City of London and City
of Westminster and boroughs of the County of Middlesex. ... 4
For the counties, cities, boroughs, and places—
Within the Northern Circuit
Within the North-Eastern Circuit g iº & tº . 15
Within the Midland Circuit
Within the South-Eastern Circuit
Within the Oxford Circuit .
Withiu the Western Circuit
Within the North Wales Division of the North and South
Wales Circuit
Within the South Wales Division of the
Wales Circuit e e
Within the County of Surrey
* 12
& * © 18
& . 21
17
18
N orth and & South
2
3%8
Eastern Circuit, 15; in Oxford Circuit,
12; in Western Circuit, 14; in N. W.
Division of North and South Wales
Circuit, 6; in S. W. Division of North
and South Wales Circuit, 6; in Surrey,
2—making 79 in all.
(a) By s. 29 of the Act of 1885,
p. 240, which applies in the year 1885
only, power is also given to a judge in
chambers, at any time after 5th Sep-
tomber, on proof that any lists cannot
by reason of insufficiency of numbers of
revising barristers be revised by the
8th October, to appoint one or more
duly qualified barristers to act in
addition to the barrister originally
appointed.
(b) The revocation of the Order of
1876, and the applicability of the
present Order to the year 1885 only,
will render it necessary to issue a
further Order in 1886.
(c) As to appointment of substitute
by reason of death, illness, or absence
of any revising barrister, see s. 29 of
the Act of 1843, p. 88,
REVISING BARRISTERS ACT, 1874.
137
37 & 38 Vict. c. 53. Revising Barristers Act, 1874.
An Act to amend the Law relating to the Payment of
Revising Barristers. [30th July, 1874.
BE IT ENACTED, as follows:—
1. Whereas doubts have arisen as to whether the provisions
of the fifty-ninth section of the Parliamentary Electors Regis-
tration Act, 1843, with respect to the payment of barristers
appointed to revise any list of voters in addition to the revising
barristers originally appointed, apply to the payment of substi-
tutes appointed in case of the death, illness, or absence of any
revising barrister, or from any other cause, and it is expedient
to remove such doubts, and to provide for the payment of such
substitutes:
Be it therefore enacted that—
Where by reason of the death, illness, or absence of any
barrister appointed to revise the lists of voters for any county,
city, or borough, or from any other cause, a barrister is after
the passing of this Act appointed to act in the place of the
barrister so Originally appointed, there shall be paid to him out
of the sum which under section fifty-nine of the Parliamentary
Electors Registration Act, 1843," would otherwise be payable to
the barrister originally appointed, such sum for his remunera-
tion and travelling expenses as to the Lord Chief Justice or
judge who appointed him may seem reasonable.
Every barrister so originally appointed, in forwarding to the
Commissioners of her Majesty's Treasury his appointment, and
the statement of having completed his sittings, shall state
whether any barrister has or has not been appointed as above
mentioned to act in his place.
2. Terms in this Act have the same meaning as in the
Revising Barristers Act, 1873.
3. This Act shall not extend to Scotland or Ireland.
4. This Act may be cited as the Revising Barristers Act,
1874. The Act of the session of the thirty-fifth and thirty-six
years of the reign of her present Majesty, chapter eighty-four,
intituled “An Act to amend the law relating to the appoint-
ment of revising barristers,” may be cited as the Revising Bar-
risters Act, 1872.
This Act and the Revising Barristers Act, 1872, and the Re-
vising Barristers Act, 1873, may be cited together as the Revising
Barristers Acts, 1872 to 1874.
5. The Acts specified in the schedule to this Act are hereby
repealed from and after the passing of this Act to the extent
specified in the third column of that schedule, without prejudice
to anything done or suffered before the passing of this Act
under the enactments hereby repealed.
37 & 38 Vict.
c. 53.
Payment of
substitutes for
revising
barristers.
* p. 104.
Short titles.
Repeal.
138
PART II.—REGISTRATION OF ELECTORS.
37 & 88 Vict.
c. 53.
Qualification
of revising
barrister.
6. No barrister shall be appointed after the passing of this
Act to revise any list of voters for any county, city, or borough
in England who is of less than seven years standing, unless he
has been appointed in any year previous to the year one
thousand eight hundred and seventy-three to be such revising
barrister.
SCHEDULE.
Session and Chapter. Title. Jöxtent of Repeal.

6 & 7 Vict. c. 18
35 & 36 Vict. c. 84
An Act to amend the
law for the registra-
tion of persons en-
titled to vote, and to
define certain rights
of voting, and to re-
gulate certain pro-
ceedings in the elec-
tion of members to
serve in Parliament
for England and
Wales.
An Act to amend the
law relating to the
appointment of revis-
ing barristers.
Section twenty-nine from
“Provided always that
whenever” to the end
of the section, and so
much of the rest of
the section as relates
to the appointment of
additional barristers in
case of the insuffici-
ency of the number of
barristers originally
appointed; and section
fifty-nine from “Pro-
vided always that in
the case of any barris-
ter” to the end of the
Section.
The whole Act.
PARLIAMENTARY AND MUNICIPAL REGISTRATION ACT, 1878.
139
41 & 42 Vict. c. 26.
PARLIAMENTARY AND MUNICIPAL REGISTRATION
ACT, 1878.
An Act to amend the Law relating to the Registration of
Voters in Parliamentary Boroughs and the Enrolment
of Burgesses in Municipal Boroughs, and relating to
certain rights of voting and proceedings before and
appeals from Revising Barristers. [22nd July, 1878.
Section. PAGE
1–3. Short titles—Extent—Commencement . . . . . . . . 139
4. Definitions . . . . . . . . . . . . . . . . . 140
5. Explanation of “House,” &c., “Dwelling-house,” and “Lodgings” 140
6. Additional, successive, and joint lodgings . . . . . . . . 141
7. Period of qualification . . . . . . . . . . . . . 141
8. Forms . . . . . . . . . . . . . . . . . . 142
9. Publication of notices and lists in post offices, &c. . . . . . 142
10. Notice of rates in arrear . . . . . . . . . . . . . 142
11, Registrars to furnish returns of deaths to overseers . . . . . 143
12. List of persons disqualifica by parochial relief. . . . . . . 144
13. Inspection of rate books . . . . . . . . . . . . . 144
14. Entry of occupier in rate book . . . . . . . . . . . . 145
15. Preparation of parliamentary and municipal lists together . . . 145
16. Freemen's and other reserved rights . . . . . . . . . 148
17. Case of several municipal boroughs in one parliamentary borough . 148
21. Lists and registers may be arranged according to streets . . . . 149
22. Claim by lodger retaining Same lodgings in successive years. . . 150
23. Declaration of lodger to be primâ facie evidence . . . . . . 150
24. Declaration as to misdescription . . . . . . . . . . . 151
25. Penalty for false declaration . . . . . . . . . . . . 151
26. Notice of objection to state grounds, &c. . . . . . . . . 152
27. Withdrawal, reviver, and costs of objection . . . . . . . . 152
28. Duties and powers of revising barrister . . . . . . . . . 153
29. Power to fino overseers . . . . . . . . . . . . . 158
30. Expenses and receipts . . . . . . . . . . . . . 159
31. Delivery and dº; of revised lists . . . . . . . . . 159
32. Commencement and duration of parliamentary register . . . . 160
36. Summoning of witnesses . . . . . . . . . . . . 160
37. Appeal where case refused . . . . . . . . . . . . 161
88. Costs of appeal . . . . . . . . . . . . . . . . 161
89. Power to make rules . . . . . . . . . . . . . 162
40. Sorvice of notices . . . . . . . . . . . . . . . 162
42. Saving for existing registers and burgess rolls. . . . . . , 162
43. Universities of Oxford and Caumbridge . . . . . . . . . 162
BE IT ENACTED, as follows:
41 & 42 Vict.
c. 26.
1. This Act may be cited as the Parliamentary and Municipal Short title.
Registration Act, 1878.
The Acts referred to in this Act by short titles may be cited
for all purposes by those titles respectively.
2. This Act shall not extend to Scotland or Ireland.
Extent of Act,
3. This Act shall come into operation on the first day of Commence-
February one thousand eight hundred and seventy-nine, which
date is in this Act referred to as the commencement of this Act.
ment of Act.
140
PART II.—REGISTRATION OF ELECTORS.
41 & 42 Vict
c. 26, S. 4.
Definitions.
Explanation of
“House.”
“Dwelling-
house.”
“Lodgings.”
4. In this Act—
The term “Reform Act, 1832,” means the Act of the session
of the second and third years of the reign of King William
the Fourth, chapter forty-five, “to amend the representa-
tion of the people in England and Wales:”
The term “Municipal Corporation Acts” means the Municipal
Corporation Act, 1835, and the Acts amending the same :
The term “Parliamentary Registration Act, 1843,” means
the Act of the session of the sixth and seventh years of the
reign of her present Majesty, chapter eighteen, “to amend
the law for the registration of persons entitled to vote, and
to define certain rights of voting and to regulate certain
proceedings in the election of members to serve in Parlia-
ment for England and Wales: ”
The term “Parliamentary Registration Acts” means the
Parliamentary Registration Act, 1843, and any enactment
amending the same or otherwise relating to the registration
of parliamentary electors:
The term “I’arliamentary borough" means any borough, city,
county of a city, county of a town, place, or combination
of places returning a member or members to serve in Parlia-
ment, and not being a county at large, or riding, part, or
division of a county at large :
The term “Municipal borough" means any place for the
time being subject to the Municipal Corporation Acts:
The term “Parliamentary voter” means a person entitled to
be registered as a voter, and when registered to vote at
the election of a member or members to serve in Parliament
for a Parliamentary borough :
The term “burgess” has the same meaning as in the Muni-
cipal Corporation Acts:
The term “parish” means a place for which a separate poor
rate is or can be made, or for which a separate overseer is
or can be appointed :
Other terms used in this Act have the same meaning as in
the Parliamentary Registration Acts.
5. In and for the purposes of the Reform Act, 1832, and the
Municipal Corporation Acts, the terms “ house, warehouse,
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 as
“office,” “chambers,” “studio,” or by any like term applicable
to the case.
In and for the purposes of the Representation of the People
Act, 1867, the term “dwelling-house ’’ shall include any part
of a house where that part is separately occupied as a dwelling,
and the term “lodgings” shall include any apartments or place
of residence, whethor furnished or unfurnished, in a dwelling-
house.
PARLIAMENTARY AND MUNICIPAL REGISTRATION ACT, 1878.
141
For the purposes of any of the Acts referred to in this section,
where an occupier is entitled to the sole and exclusive use of
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 pro-
visions of the said Act relating to rating.
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 occu-
pation 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 unfur-
mished 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.
As to the qualification of a lodger under s. 3 of the Representation of the
People Act, 1867, see that section and note, p. 35; and see also ss. 22 and 23
of this Act.
Joint Lodgings.] If more than one occupy, and more than two claim, it
would seem that those two who by their alphabetical position upon a list
first succeed in being registered, cannot have their title questioned by the
others. See note upon a similar point in S. 4, Subs, 2, of the Representation
of the People Act, 1884, p. 61, ante.
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 in-
clude any period of occupation, residence, possession, receipt of
rents and profits, and non-receipt of parochial relief or other
alms.
This section is extended to counties by s. 12 of the Act of 1885, p. 173.
As to the reference to the last day of July, see Reform Act, 1832, ss. 26,
27, 31, 32, and 33; Representation of the People Act, 1867, ss. 3, 4, 6, and
26.
41 & 42 Vict.
c. 26.
Separate occu-
pation of part
of house with
joint use of
other part.
* p. 45.
Additional
lodgings.
Successive
lodgings.
Joint
lodgings.
Period of
qualification.
142
PATRT II.-REGISTRATION OF ELECTORS.
41 & 42 Vict.
c. 26.
Forms and
Nolices.
e- ~ *- * . 1.------, -, --, -º-º-º-º:
Publication of
notices and
lists in post and
telegraph of
ſices, &c.
Notice of rates
in arrear.
* p. 79.
f p. 126.
8. In overy parliamentary borough and in evory municipal
borough the whole or part of the area whereof is co-extensive
with or included in the area of a parliamentary borough, the
forms in the schedule to this Act, or forms to the like effect,
varied as circumstances require, shall be used for the purposes
for which the same are applicable respectively, and shall for
the purposes of the Parliamentary Registration Acts and this
Act be doemed to be substituted for any corresponding forms
in the schedules to the l’arliamentary Registration Acts.
The said schedule and the notes thereto shall be construod
and have effect as if enacted in the body of this Act.
All precepts, instructions, proceedings, notices, and lists re-
lating to the registration of parliamentary voters or enrolment
of burgesses shall be expressed in such manner and form as
may be necessary to carry the provisions of this Act into effect.
The forms prescribed by this section, which Superseded the forms in
Schodule B. of the Act of 1843, except as regards frcemen, are again super-
seded by the forms prescribed iy s. 18 of the Act of 1885. See that section
and note, post.
9. In every parliamentary borough and in every municipal
borough the whole or part of the area whereof is co-extensive
with or included in the area of a parliamentary borough, any
notice or list which is by the IParliamentary Registration Acts
or this Act directed to be published by overseers shall be pub-
lished by them not only in the manner directed by those Acts,
but also by being affixed and kept in some public and con-
spicuous position in or near every post office and telegraph
office occupied by or on behalf of her Majesty's Postmaster-
Genoral, and in or near evory public or municipal or parochial
office within the parish to which the list relates.
All the provisions of those Acts with respect to the publica-
tion of notices or lists shall apply to the publication to be made
under this section.
By S. 1, subs. (I) of the Act of 1885, p. 85, this section applies to owner-
ship voters as well as to occupation voters in counties, but its application is
} . 3 (d) of the same section rostricted to parishes within urban sanitary
(11S I'l ("tº.
For directions as to publication of notices and lists, soe s. 23 of the Act of
1843 and note, p. 85. By 8, 26 of that Act, p. 86, no list is invalidated by
imperfect publication.
10. Where the whole or part of the area of a municipal
borough is co-extensive with or included in the area of a par-
liamentary borough, section oleven of the Parliamentary Regis-
tration Act, 1843,” and section twenty-eight of the Representation
of the People Act, 1867 t (which relate to the notices to be
published and given with respect to rates and taxes in arrear),
shall, as amended by this Act, extend with the necessary modi-
fications to the rates of which the payment is required as a
condition of enrolment on the burgess roll, and all the pro-
visions of those sections as so amended shall apply to the over-
DARLIAMENTARY AND MUNICIPAL REGISTRATION ACT, 1878.
143
seers of parishes situate wholly or partly in a municipal borough
accordingly.
Any notice required to be given under this section shall be
deemed to be duly given if delivered to the occupier or left at
his last or usual place of abode, or with some person on the
premises in respect of which the rate is payable.
In case no such person can be found, then the notice required
to be given under this section or under section twenty-eight of
the Representation of the People Act, 1867, shall be deemed to
be duly given if affixed upon some conspicuous part of the
promises.
Amy overseer who with intent to keep an occupier off the list
or register of voters for a parliamentary borough, or off the
burgess lists or burgess roll of a municipal borough, shall wil-
fully withhold any notice required by this section to be given
to such occupier, shall be deemed guilty of a breach of duty in
the execution of this Act.
Section twenty-nine of the Representation of the People Act,
1867,” shall extend and be applicable to every parish situate
wholly or partly within a municipal borough whose burgess
lists are revised under this Act.
For forms of public notice, seo Form B. in Sched. 3 of the Act of 1885,
p. 220, and for form of notice to party, Soe Form C. in the same schedule.
As to payment of rates as a condition of being qualified as an elector, see
s. 27 of the IReform Act, 1832, and Ss. 3 and 4 of the Representation of the
I’eople Act, 1867,
11. Every registrar of births and deaths whose sub-district
includes the whole or part of any parliamentary borough or
any municipal borough the whole or part of the area whereof
is co-extensive with or included in the area of a parliamentary
borough, shall transmit by post or otherwise to the overseers
of every parish the whole or any part of which is included in
the parliamentary borough or municipal borough, and also in
his sub-district, a return certified under his hand to be a true
return of the names, ages, and residences of all male persons of
full age dying within that parish or part, and also when and as
required by those overseers of the names, ages, and residences
of all women of full age dying within that parish or part.
The returns shall state the names of all such persons in full
(where the names are known) and the dates of their deaths,
and the names and residences of the persons by whom informa-
tion of the deaths was given to the registrar.
The returns shall be made four times a year; that is to say,
On or before the seventh day of April for the three
months ending with the preceding thirty-first day of
March ;
On or before the twenty-second day of July for the
period beginning with the preceding first day of April and
ending with the fifteenth day of July;
On on before the fifteenth day of September, or at such
41 & 42 Vict.
c. 26, s. 10.
* p. 127.
Registrars to
furnish returns
of deaths to
O Wel"Seel'S.
144
PART II,_REGISTRATION OF ELECTORS.
41 & 42 Vict.
c. 26, s. 11.
Jºeturns of
J)eaths to
Overseers.
List of persons
disqualified by
parochial relief.
Inspection of
rate books.
other time before the completion of the revision of the lists
of the parliamentary borough or municipal borough to the
area of which the return relates as the barrister revising
the same shall appoint in that behalf for the period be-
gimming with the preceding sixteenth day of July, and
ending with the time when such return is made, or as near
thereto as practicable;
And om or before the seventh day of January for the
period beginning with the preceding fifteenth day of
September or from the time for which the last preceding
return was made, and ending with the thirty-first day of
December :
The registrar making any such return shall be entitled to
fees at the rate specified in the twenty-eighth section of the
Births and Deaths Registration Act, 1874, in respect of the
returns therein mentioned, and such fees shall be paid by
the overseers as part of the expenses of carrying into effect
the provisions of this Act with respect to the lists of parlia-
mentary voters and burgess lists.
The overseers shall omit from any list made by them the
name of any person who appears from such returns to be dead,
and shall allow any person who is registered as a parliamentary
voter of the parliamentary borough or enrolled as a burgess of
the municipal borough to which the returns relate to inspect
any such returns in their custody at all reasonable times free
of charge.
By s. 28, subs. 4, the revising barrister also is to expunge the names of any
persons proved to him to be dead.
I'ees of Registrar.] By s. 28 of the Births and Deaths Registration Act,
1874 (37 & 88 Vict. c. 88), the registrar is entitled to a fee of twopence, and
to a further fee of twopence for every death entered.
As to the expenses of the Act, see s. 30 and note.
12. The overseers of every parish situate wholly or partly
either in a parliamentary borough or in a municipal borough
the whole or part of the area whereof is co-extensive with or
included in the area of a parliamentary borough, shall ascertain
from the relieving officer acting for that parish the names of
all persons who are disqualified for being inserted in the lists
of parliamentary voters or burgess lists for that parish by reason
of having received parochial relief, and the relieving officer,
upon application from the overseers, shall produce to them at
such place within the parish, and at such time as is required by
them, the books in his possession containing the names of those
persons.
See further s, 16 of the Act of 1885. As to disqualification for parochial
relief, see s. 36 of the Reform Act, 1832, and note, p. 25.
13. In every parish situate wholly or partly either in a par-
liamentary borough or in a municipal borough the whole or
part of the area whereof is co-extensive with or included in the
PARLIAMENTARY AND MUNICIPAL REGISTRATION ACT, 1878.
145
area of a parliamentary borough, the books containing the poor
rates made for the parish within the previous two years shall
at all reasonable times be open, free of charge, to the inspection
of any person who is registered as a parliamentary voter for the
parliamentary borough, or enrolled as a burgess of the municipal
borough, and any such voter or burgess may make any copy
thereof or take any extract therefrom.
See also s. 16 of the Act of 1843, p. 82, and as to production of rate-books
to revising barrister, see s. 28 of the Act of 1868, p. 132.
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 late is collected
from the owner or occupier, or the owner is liable to the pay-
ment 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 enact-
ment, 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 was passed in affirmance of Smith v. Seghill Overseers, L. R.
10 Q. B. 422, in which the Court had differed from Cross v. Allsop, L. R. 6
C. P. 315.
15. 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 so far as practicable be made out and
revised together. -
In every such case the overseers of every parish situate
wholly or partly either in the parliamentary borough or in the
municipal borough shall, on or before the last day of July
in every year, make out a list of all persons entitled under
any right conferred by the Reform Act, 1832,” or by section
three f of the Representation of the People Act, 1867, to be f
registered as voters for the parliamentary borough in respect of
the occupation of property situate wholly or partly within that
parish, or entitled to be enrolled as burgesses of the municipal
borough in respect of the occupation of any property so situate.
With respect to every list so made out the following provisions
shall have effect:
(1.) The lists shall be in substitution for the lists of persons
so entitled, which are required to be made out under
the Parliamentary Registration Acts and the Municipal
Corporation Acts:
L
41 & 42 Vict.
c. 26.
Explanation of
32 & 33 Wict.
c. 41, s. 19, as
to entering oc-
cupier's name
in rate book.
* p. 49.
Preparation
and revision of
lists of parlia-
mentary voters
and burgess
lists together.
146
PART II,_REGISTRATION OF" ELECTORS.
41 & 42 Vict.
c. 26, s. 15.
Revision of
Parliamentary
and Municipal
Ilists together.
List in three
divisions.
Contents of
lists.
Signature
of lists.
Of what voters
list to be.
Of polling
districts.
(2.) Where the parish is situate wholly or partly both in the
parliamentary borough and in the municipal borough,
the list for the parish shall be made out in three
divisions:
Division One shall comprise the names of the persons
entitled both to be registered as parliamentary voters
under a right conferred as aforesaid and to be enrolled
as burgesses:
Division Two shall comprise the names of the persons
entitled to be registered as parliamentary voters under
a right conferred as aforesaid, but not to be enrolled as
burgesses;
Division Three shall comprise the names of the
persons entitled to be enrolled as burgesses, but not to
be registered as parliamentary voters under a right
conferred as aforesaid:
(3.) Each list shall state the surname and other name or names
of every person whose name is inserted therein, his place
of abode, the nature of his qualification, and the
situation and description of the property in respect of
which he is entitled :
(4.) Each list shall be signed and otherwise dealt with in
manner directed by the Parliamentary Registration
Acts with respect to the alphabetical lists mentioned
in section thirteen of the Parliamentary Registration
Act, 1843:
(5.) Where no part of the parish is situate within the
municipal borough, the list for the parish shall be
deemed to be a list of voters for the parliamentary
borough :
(6.) Where no part of the parish is situate within the parlia-
mentary borough, the list for the parish shall be
deemed to be a burgess list for the municipal borough :
(7.) Where the list is made out in divisions, Divisions One
and Two shall be deemed to be lists of voters for the
parliamentary borough, and Divisions One and Three
shall be deemed to be burgess lists for the municipal
borough :
(8.) The lists, and if the lists are made out in divisions, each
division thereof, shall, if and so far as the local authority
from time to time direct, according to convenience for
use, be framed in parts for polling districts or wards;
and where the polling districts and wards are not
conterminous, in such manner that the parts may be
conveniently compiled or put together to serve either
as lists for polling districts or as ward lists.
This section, in providing for the concurrent revision of the parliamentary
lists and the burgess rolls in cases “where the whole or part" of a municipal
borough is co-extensive with or included in a parliamentary borough, con-
stitutes the principal innovation of the Act.
Prior to the Act, as still in
PARLIAMENTARY AND MUNICIPAL REGISTRATION ACT, 1878.
147
cases to which it does not apply, the burgess rolls were revised by the mayor
and two assessors: see Municipal Corporations Act, 1882, s. 7, Subs. 4, S. 44,
Subs, 2, and Sched. 3.
As to areas, it may be stated shortly, that with the exception of the
Metropolis, which contains no municipal boroughs, parliamentary boroughs
in almost every case include municipal boroughs, but are not usually co-
extensive with such boroughs.
(2) Three Divisions.] For forms, see p. 222.
Where an objection was taken on Division One only, and the revising
barrister allowed it, the Court held that he was not bound under s. 28, subs.
15, post, to place it on Division Three without proof of a municipal qualifi-
cation : Greenway v. Bachelor, 12 Q. B. D. 376; 53 L. J. Q. B. 179.
Division Three.] The main distinctions between the parliamentary quali-
fications and the municipal qualification under S. 9 of the Municipal Cor-
porations Act, 1882, are that lodgers have not the municipal qualification,
and women have. Otherwise the qualifications and disqualifications are
very much alike, though differing in small details.
Municipal qualification.] S. 9 of the Municipal Corporations Act, 1882,
confers the municipal qualification in the following terms:—
“(1.) A person shall not be deemed a burgess for any purpose of this Act
unless he is enrolled as a burgess.
(2.) A person shall not be entitled to be enrolled as a burgess unless he
is qualified as follows:—
(a) Is of full ago; and
(b) Is on the 15th of July in any year, and has been during the whole
of the then last preceding twelve months, in occupation (joint or
several), of any house, warehouse, counting-house, shop, or other
building (in this Act referred to as qualifying property) in the
borough ; and
(c) Has during the whole of those twelve months resided in the borough,
or within seven miles thereof; and
(d) Has been rated in respect of the qualifying property to all poor rates
made during those twelve months for the parish wherein the property
is situate; and
(e) Has, on or before the 20th of the same July, paid all such rates,
including borough rates (if amy), as have become payable by him
in respect of the qualifying property up to the then last preceding
5th of January.
(3.) Every person so qualified shall be entitled to be enrolled as a burgess
unless he
(a) Is an alien ; or
(b) Has within the twelve months aforesaid received union or parochial
relief or other alms; or
(c) Is disentitled under any Act of Parliament.”.
By s. 63 of the same Act: “For all purposes connected with and having
reference to the right to vote at municipal elections, words in this Act
importing the masculine gender include women.”
By S. 33 of the same Act: “The qualifying property need not be through-
out the twelve months constituting the qualification the same property or in
the same parish,” and “A person shall not be disentitled to be enrolled as
a burgess by reason only (a) That he has received medical or surgical assist-
ance from the trustees of the municipal charities, or has been removed by
order of a justice to a hospital or place for reception of the sick, at the cost
of any local authority; or (b) that his child has been admitted to and taught
in any public or elementary school.”
S. 31 of the same Act contains similar provisions to those of s. 5 of this
Act, as to “part” of a house, &c.; s. 32 provides for claims by occupier to be
rated; and s. 33 provides that the occupancy and rating of a predecessor in
case of successive oceupation shall be equivalent to the occupancy and lating
of the successor.
I, 2
Aºd
41 & 42 Vict.
c. 26, s. 15.
148
IPART II.-REGISTRATION OF ELISCTORS.
41 & 42 Vict.
c. 26, s. 15.
Jºevision of
Parliamentary
and Municipal
Lists together.
Freemen’s and
other rights.
Provision
where several
municipal
boroughs in-
cluded in one
parliamentary
borough.
[Municipal.]
By 48 Vict. c. 9, it is enacted, in similar terms to those of 41 Vict. c. 3,
p. 55, ante, that the lotting a house furnished for not more thun four months
shall not disqualify.
(4.) Iºach list shall be signed, &c.]. See s. 13 of the Act of 1843, and s. 30
of the Representation of the People Act, 1867, which latter section, however,
is repealed by the Act of 1885, post, oxcept as to lodgers.
(8.) The local authority.] See s. 21.
16. In the case of any parliamentary borough in which any
persons are entitled to be registered as freemen, or under any
right other than a right conferred by the Reform Act, 1832, or
the third section of the Representation of the People Act, 1867,
the registration of such persons shall be carried out in the
manner directed by the Parliamentary Registration Acts, as
modified by this Act.
The rights referred to are reserved by s. 33 of the Reform Act, 1832, p. 23.
As to registration of freemen in divided borough, see s. 14 of the Redistri-
bution of Seats Act, 1885, p. 237.
17. In the case of a parliamentary borough which includes in
whole or in part more municipal boroughs than one, each such
municipal borough shall, for the purposes of this Act, be dealt
with separately and as if each were the only municipal borough
included in whole or in part in such parliamentary borough, and
if any parish is partly in one and partly in another or others of
such municipal boroughs, so much thereof as is in any one of
such municipal boroughs shall, for the purposes of this Act, be
dealt with as a separate parish.
The town clerk of each such municipal borough shall, so far
as regards the area of such municipal borough, issue the precepts
and perform the other duties to be performed by the town clerk
under and shall be the town clerk for the purposes of the
I’arliamentary Registration Acts and this Act.
For form of precept by town clerk to overseers, and other forms for boroughs,
see Sched. 3 of the Act of 1885, p. 208.
As to divided parishes, see further s. 9 of the Act of 1885, p. 172, and
as to divided boroughs, see s. 8 of the Redistribution of Seats Act, 1885, p. 236.
18. The Municipal Corporation Acts shall not, as to anything
prior to the completion of the revision of the burgess lists, apply
to any burgess list made out under this Act, and instead thereof
the Parliamentary Registration Acts, as modified by this Act,
shall, up to the completion of the revision of the burgess lists,
apply to every such burgess list, as if it were a list of parlia-
mentary voters made out under those Acts, and as if the municipal
borough to which such burgess lists relate were a parliamentary
borough : Provided as follows:
(1.) Nothing in this Act shall authorize a person entered on
a burgess list, not being also entered on a list of
parliamentary voters, to make any objection in respect
of a list of parliamentary voters, or authorize any per-
PARLIAMIENTARY AND MUNICIPAL REGISTRATION ACT, 1878.
149
son entered on a list of parliamentary voters, not being
also entered on a burgess list, to make any objection
in respect of a burgess list;
(2.) The last day for revising a burgess list made out under
this Act shall be the twelfth day of October; and
(3.) The burgess lists when revised shall be copied for the
burgess roll in manner directed by the Municipal
Corporation Acts.
19. 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 separate lists of the persons entitled to be elected
councillors or aldermen of the municipal borough, though not
entitled to be on the burgess roll, shall be made out at the same
time and in the same manner as the burgess lists, and all the
provisions of this Act with respect to the burgess lists shall
apply to those separate lists.
2O. After the commencement of this Act assessors shall not
be elected in any municipal borough which as regards the whole
or part of its area is co-extensive with or included in the area
of a parliamentary borough, and any assessors elected in any
such municipal borough before the commencement of this Act
shall cease to hold office upon the commencement of this Act.
21. If and so far as the local authority so direct, the lists of
parliamentary voters and registers of parliamentary voters in
parliamentary boroughs, and the burgess lists and burgess rolls
in municipal boroughs, and the lists of claimants and persons
objected to in parliamentary boroughs and municipal boroughs
respectively, or any of those documents, shall, so far as they
relate to persons qualified in respect of the ownership or occu-
pation of property (including persons qualified in respect of
lodgings), be arranged in the same order in which the qualifying
premises appear in the rate book for the parish in which those
premises are situate, or as nearly thereto as will cause those lists,
registers, and rolls to record the qualifying premises in successive
order in the street or other place in which they are situate,
subject in the case of a municipal borough divided into wards
to the division of the burgess roll into ward lists. The local
authority in this Act means as regards a parliamentary borough
the authority having power to divide the parliamentary borough
into polling districts, and as regards a municipal borough the
council of the municipal borough.
By s. 1, subs. 3 (d), of the Act of 1885, p. 166, this section does not apply
to counties. I'or power to divide borough into polling districts, see s. 34 of
the Representation of the People Act, 1867, p. 129, ante, by the last paragraph
but one of which, as amended by s. 18 of the Act of 1868, p. 130, the local
authority laving such power means in municipal boroughs and in boroughs
any part of which forms a municipal borough, the town council of such
bºrough, and in other boroughs the justices of the peace of the petty sessional
division in which such borough is situate.
41 & 42 Vict.
c. 26.
[Municipal.]
[Municipal.]
Lists and re-
gisters may be
arranged
according to
streets.
150
PAIRT II.—IREGISTRATION OF ELECTOIRS.
41 & 42 Vict.
c. 26, s. 22.
Lodgers.
Claim by lodger
retaining same
lodgings in suc-
cessive years.
* p. 80.
Declaration of
lodger to be
primá facie
evidence.
22. Where a person is entered in respect of lodgings on the
register of voters for the time being in force, and desires to be
entered on the next register in respect of the same lodgings, he
may claim to be so entered by sending notice of his claim to
the overseers of the parish in which his lodgings are situate on
or before the twenty-fifth day of July.
The overseers shall on or before the last day of July make
out a list of all persons so claiming, and if they have reasonable
cause to believe that any person whose maine is entered on the
list is not entitled to be registered or is dead, shall add in the
margin of the list opposite his name the words “objected to ” or
“dead,” as the case may be.
The lists so made out shall be signed, published, and other-
wiso dealt with in the same manner as the alphabetical lists
mentioned in section thirteen * of the Parliamentary Registra-
tion Act, 1843, and shall for the purposes of the Parliamentary
IRegistration Acts be deemed to be lists of voters, and the pro-
visions of the Parliamentary Registration Acts as to objections
shall apply to such lists, and the persons against whose names
the overseers have so written the words “objected to ” or “dead,”
shall be deemed to be duly objected to.
See further as to lodgers, S. 4 of the Representation of the People, 1867,
p. 37, and ss. 5 and 6 of this Act.
The present section by providing a mode by which lodgers already re-
gistered may make a claim earlier, in respect of the same lodgings, than
lodgers not already registered, places such already registered lodgers upon
a firmer footing as regards their qualification than new claimants; but it is
material to point out that old lodgers as well as new must claim in order to
sustain their qualification. The claim under this section is quite optional,
and the “old lodger” may claim as a new lodger if he pleases. See the
Form H., No. 2, in Schedules 2 (Counties) and 3 (Boroughs) of the Act of
1885; and for the “Old Lodgers' List,” see Form D., No. 3, in Schedule 3
of the Act of 1885.
I3y making the claim earlier, i.e. on or before the 25th July, instead of on
or before the 20th August, the claimant becomes entitled to be placed on the
“Old Lodgers' List,” and the advantage of being on this list appears to be
that he can only be objected to by some person already on a list of voters
upon notice of objection given under S. 17 of the Act of 1843, p. 82; whereas
if he be technically a new claimant only (though he may have claimed and
claimed successfully in previous successive years) he may be objected to
before the revising barrister under s. 39 of the same Act, p. 92, without any
previous notice to him, the claimant, and merely upon notice in writing to
the revising barrister.
23. In the case of a person claiming to vote as a lodger, the
declaration annexed to his notice of claim shall, for the purposes
of revision, be primá facie evidence of his qualification.
Tor form of declaration, see II., No. 2, in Schedulos 2 and 3 of the Act
of 1885. This section applies to lodgers claiming for the first time, as
well as to lodgers claiming under S. 22, by virtue of having retained the same
lodgings in successive years. So it was held by the Court of Appeal in
Nuth or North v. Tannplin, 8 Q. B. D. 247; 51 L. J. Q. B. 177; 30 W. R. 346;
Colt. 249, affirming decision of Denman and Bowen, J.J., ib., and 45 L. T. 652,
and disapproving of dicta of Lord Coleridge, C.J., and Denman, J., to the
contrary in Pickard v. Baylis, 5 C. P. D. 235; 49 L. J. C. P. 182; 41 I. T.
500; 28 W. R. 256; 1 Colt. 98.
PARLIAMENTARY AND MUNICIPAL REGISTRATION ACT, 1878.
151
24. Any person who is entered on any list of voters for 3.
parliamentary borough or any burgess list, subject to revision
under this Act, for a municipal borough, and whose name or
place of abode or the nature of whose qualification or the name
or situation of whose qualifying propelty is not correctly stated
in such list, or in respect of whom there is any other error or
omission in the said list, may, whether he has received a notice
of objection or not, if he thinks fit, make and subscribe a declara-
tion in the form in that behalf in the schedule to this Act, or as
near thereto as the circumstances will admit, before any justice
of the peace or any commissioner or other person authorized to
administer oaths in the Supreme Court of Judicature.
The declaration shall be duly dated and shall on or before the
twelfth" day of September be sent to the town clerk, who forth-
with shall indorse on the declaration a memorandum signed or
initialed by him, stating the date when he received it, and
naming the declarant, and the list to which the declaration
refers, and shall deliver all such declarations to the revising
barrister at his first court.
If the declaration is sent as aforesaid in due time (of which
the said indorsement shall be primá facie proof), the revising
barrister shall receive the declaration as evidence of the facts
declared to, and that without proof of the signature of the
declarant, or of the justice, commissioner, or person before
whom the declaration purports to have been subscribed, unless be
has good reason to doubt the genuineness of any signature thereto.
The declaration shall be open free of charge to public in-
spection at the office of the said town clerk, at any time
between the hours of ten of the clock in the forenoon and
four of the clock in the afternoon of any day except Sunday,
before the fifteenth day of September, and he shall deliver
copies thereof on application and payment of the price of
fourpence per folio of seventy-two words.
Compare s. 10 of the Act of 1865, p. 123, which authorizes a similar declara-
tion in the case of county voters, and see s. 75 of the Act of 1843, p. 109, as
to “misnomer,” and s. 28 of this Act, infra, as to correction of mistakes.
By s. 30 (a) of the Seats Act, 1885, p. 241, “ fifth '' day of September is
Substituted for twelfth.
Form M. in the schedule to this Act, which contained the declaration for
correcting misdescription, is now superseded, under s. 18 of the Act of 1885,
p. 176, by Form M. in Schedule 3 (Boroughs) of that Act.
25. If any person falsely or fraudulently signs any such
declaration as last aforesaid, or any declaration either as claimant
or witness in respect of a claim to vote as a lodger in the
name of any other person, whether that person is living or
dead, or in a fictitious name, or sends as genuine any false
or falsified declaration knowing the same to be false or falsi-
fied, or knowingly and wilfully makes any false statement of
fact in any declaration of the mature aforesaid, he shall be
guilty of a misdemeanor and punishable by fine or by im-
prisonment for a term not exceeding one year, and the revis-
ing barrister shall have power to impound the declaration.
41 & 42 Vict.
c. 26.
Declaration as
to misdescrip-
tion.
* 5th, in 1885.
Penalty for
false declara-
tion.
152
PART II, IREGISTRATION OF ELECTORS.
41 & 42 Vict.
c. 26, s. 26.
Notice of objec-
tion to stato
grounds, &c.
* p. 82.
f p. 123.
Revision of lists
of voters.
Objections may
be withdrawn.
* p. 234.
Revivor of ob-
jections on
death of ob-
jector.
* p. 235.
Xosts of objec-
tions,
26. The notico required by the seventeenth and twentieth
Soctions of the Parliamentary Rogistration Act, 1843," to be
given to persons objected to in boroughs for the purposes of
the revision of the lists of votors for a parliamentary borough
and the burgess lists for a municipal borough whose burgess
lists are revised under this Act, shall state specifically the
ground or grounds of objection, and sections seven and eight
of the County Wotors Registration Act, 1865, t shall extend to
Such objoctions.
The Soventoenth section of the Act of 1843 provides for objoction by any
porson named in a list, upon notice to the overseers, or if the party be a
freeman to the town clerk, and to the person objected to, and s. 20 makes a
similar provision as to the City of London lists. It is only the notice to the
party, and not tho notice to the overseers, which mood stato the grounds.
I'or forms of notico, Heo Forms I. in Schedule 2 (Counties) and 3 (IBoroughs)
of the Act of 1885, pp. 201, 257.
27. For the purposes of the revision of the lists of voters
for a parliamentary borough, and the burgess lists for a muni-
cipal borough whose burgess lists are revised under this
Act—
(1.) An objection may he withdrawn by a notice to that
effect in writing,” signed by the objector, and given
to the person objected to and to the town clerk not
less than seven days before the day which shall be
appointed for the holding of the first court of revision
of the list to which the objection relates: *
(2.) Any objection by a qualified objector may, after his
death, be revived by any other person qualified to
have made the objection originally by a notice to that
effect in writing signed by him,” and given to the
person objected to and to the town clerk at or be-
fore the time of the revision of the entry to which the
objection relates: &
A person reviving an objection shall be deemed
to have made the objection originally, and he shall be
responsible in respect thereof, and the proceedings
thoreon shall be continued accordingly:
(3.) Where objection is made otherwise than by an overseer
to any person whose name appears on a list of voters
or burgesses and the name is retained on the list,
the revising barristor shall, unless he is of opinion
that the objection was reasonably made either because
of a defect or error in the entry to which the objection
relates, or because of a difficulty in verifying or
identifying the particulars comprised in such entry,
or unless the objection is duly withdrawn, or unless
for some other special reason ho otherwise determines,
order costs not exceeding forly shillings to be paid by
the objector to the person objected to.
Iły s. 1, subs, 3 (f), of the Act of 1885, the notices of objection and with-
TARLIAMENTARY AND MUNICIPAL R.I.GISTRATION ACT, 1878.
153
drawal must in counties bo given to the overseers, and not to the clerk of the
D(@fl,00),
!". to this Act objections were not allowed to be withdrawn, on the
ground that they must be deemed to have been given in the exercise of a
public duty : Proudfoot v. Barnes, L. IR. 2 C. P. 88; 30 L. J. C. P. 68;
15 L. '1'. 439; 15 W. T. 223.
28. A revising barrister shall, with respect to the lists of
voters for a parliamentary borough and the burgess lists for
a municipal borough which he is appointed to revise, perform
the duties and have the powers following:
(1.) Tſe shall correct any mistake which is proved to him to
have been made in any list:
(2.) He may correct any mistake which is proved to him to
have been made in any claim or notice of objection :
(3.) IIe shall expunge the name of every person, whether
objected to or not, whose qualification as stated in any
list is insufficient in law to entitle such person to be
included therein :
(4.) IIe shall expunge the name of every person who,
whether objected to or not, is proved to the revising
barrister to be dead :
(5.) Where an entry in any list and an entry in a return
made to the overseers of deaths appear to relate to the
same person, the revising barrister shall inquire
whether such entries relate to the same person, and on
proof being made to him that the entries relate to the
same person shall expunge the entry in the list there-
from :
(6.) The rovising barrister shall expunge the name of every
person, whethor objected to or not, whose name or
place of abode, or the nature of whose qualification, or
the name or situation of whose qualifying property if
the qualification is in respect of property, or any other
particulars respecting whom by law required to be
stated in the list, is or are either wholly omitted or in
the judgment of the revising barrister insufficiently
described for the purpose of being identified, unless the
matter or matters so omitted or insufficiently described
be supplied to the satisfaction of the revising barrister
before he shall have completed the revision of the list
in which the omission or insufficient description occurs,
and in case such matter or matters shall be so supplied,
he shall then and there insert the same in such list:
(7.) He shall expunge the name of every person, whether
objected to or not, whore it is proved to the revising
barristor that such person was, on the last day of July
then next preceding, incapacitated by any law or
statute from voting at an election for the parliamen-
tary borough or an election for the municipal borough,
as the case may be, to which the list relates :
(8.) Before expunging from a list the name of any person not
41 & 42 Vict,
c. 26.
Duties and
powers of
revising
barrister.
Mistakes.
Insufficient
qualifications.
Deaths.
Onnissions and
insufficient
descriptions.
Legal in-
capacity.
Notice before
expunging.
154
PA RT II.--REGISTRATION OF ELECTORS.
41 & 42 Vict.
c. 26, s. 28.
ſ) it ties and
J’orers of
Revisin/
13, tºrister.
Retaining
11&1\} (2S.
Proof by
objector,
** . º
Expunging
upon objection.
Substitution of
qualification.
objected to, the revising barrister shall cause such
notice (if any) as shall appear to him necessary or
proper under the circumstances of the proposal to
expunge the name, to be given to or left at the usual
or last known place of abode of such person :
(9.) Subject as heroin and otherwise by law provided, the
revising barrister shall retain the name of every person
not objected to, and also of every person objected to,
unless the objector appears by himself or by some
person on his behalf in support of his objection :
(10.) If the objector so appears the rovising barrister shall
require him, unless he is an oversecr, to prove that he
gave the notice or notices of objection required by law
to be given by him, and to give primá facie proof of
the ground of objection, and for that purpose may
himself examino and allow the objector to examine
the overseers or any other person on oath touching
the alleged ground of objection, and unless such proof
is given to his salisfiction shall, subject as heroin and
otherwise by law provided, retain the name of the
person objected to :
An objection made under this Act by overseers
shall be deemed to cast upon the person objected to
the burden of proving his right to be on the list :
The primá facie proof shall be deemed to be given
by the objector if it is shown to the satisfaction of the
revising barrister by evidence, repute, or otherwise
that there is reasonable ground for believing that the
objection is well founded, and that by reason of the
person objectod to not being present for examination,
or for some other reason, the objector is prevented
from discovering or proving the truth respecting the
entry objected to :
(11.) If such proof is given by the objector as herein pre:
scribed, or if the objection is by overseers, them unless
the person objected to appears by himself or by some
porson on his behalf, and proves that he was entitled
on the last day of July then next preceding to have
his name inserted in the list in respect of the qualifi-
cation described in such list, the revising barrister
shall expunge the name of the person objected to :
(12.) Where the matter stated in a list or claim, or proved
to the revising barrister in relation to any alleged
right to be on any list is in the judgment of the
revising barrister insufficient in law to constitute a
qualification of the nature or description stated or
claimed, but sufficient in law to constitute a qualifica-
tion of some other nature or description, the revising
barrister, if the name is entered in a list for which
such true qualification in law is appropriate, shall
ACT OF 1878–DUTIES AND PowiśRs of REVISING DARRISTER. 155
correct such entry by inserting such qualification 41 & 42 Vict,
accordingly, and in any other case shall insert the * * * *
name with such qualification in the appropriate list,
and shall expunge it from the other list (if any) in
which it is entered :
(13.) Iºxcept as herein provided, and whether any person is
objected to or not, no evidence shall be given of any
other qualification than that which is described in the
list or claim, as the case may be, nor shall the revising
barrister be at liberty to change the description of the
qualification as it appears in the list except for the
purpose of more clearly and accurately defining the
S£bl]] () .
(14.) Where the name of any person appears to be entered More than one
more than once as a parliamentary voter on the lists *. º
of voters for the same parliamentary borough, or more "*"
than once as a burgess on the burgess lists for the ... º
same municipal borough, the revising barrister shall is; . is
inquire whether such entries relate to the same person, and .% of Act
and on proof being made to him that such entries of 1885, p. 169.]
relate to the same person shall retain one of the entries
for voting, and place against the other or others a note
to the effect that the person is not entitled to vote in
respect of the qualification therein contained for the
parliamentary borough or for the municipal borough,
as the case may be, he being on the list for voting in
respect of another qualification :
Any such person may, by notice in writing” delivered Selection of
to the revising barrister at the opening of his first entry.
revision court, select the entry to be retained for + p. 235.
voting, and in making such selection may select one
entry to be retained for voting for the parliamentary
borough, and another entry to be retained for voting
as a burgess for the municipal borough, but if he does
not make any selection the entry to be so retained
shall be selected by the revising barrister, except in
the case of freemen, in which case the entry to be
retained by the revising barrister for voting shall be
that on the freemen's list.
If any question on appeal, or otherwise, arise as to
the validity of the qualification for which the parlia-
mentary voter or burgess is on the list for voting,
recourse may be had for supporting the right of the
voter or burgess to be on the parliamentary register
or burgess roll for voting to any other qualification
of such person appearing on the register or burgess
roll . -
Provided always, that in the case of a municipal
borough divided into wards a vote given in or the
right to vote in one ward shall not be supported by a
156
PART II. REGISTRATION OF ELIECTORS.
41 & 42 Vict.
c. 26, s. 28.
Duties and
Powers of
(ſ
Barrister.
* p. 93.
qualification appearing on the burgess roll for some
other ward :
(15.) Where a list is made out in divisions the revising
barrister shall place the name of any person in the
division in which it should appear according to the
result of the revision, regard being had to the title of
the person to be on the list both as a parliamentary
voter and as a burgess, or only in one of those
capacities, and shall expunge the name from the other
division (if any) in which it appears.
This section shall, as regards every parliamentary borough
and every municipal borough whose burgess lists are revised
under this Act, take effect instead of section forty of the Parlia-
mentary Registration Act, 1843.”
This extremely important section, which must be read with ss. 4 and 5 of
the Act of 1885, p. 167, applied under this Act to boroughs only, the procedure
under s. 40 of the Act of 1843 having been until 1885 retained for counties.
By s. 17 of the Act of 1885, p. 176, however, s. 40 of the Act of 1843 is wholly
repealed, and by s. 1 of that Act, p. 165, this section is made to apply to
counties as well as to boroughs, subs. 2 of s. 1 of the Act of 1885 applying
it to ownership voters as well as to occupation voters in counties.
Upon the repealed s. 40 of the Act of 1843, which is printed at p. 93 for the
purpose only of comparison, if desired, with the present Section, many cases
were from time to time decided, and such of them as are still of application
to corresponding words of the present section (which in many parts repeats,
though it largely amends s. 40 of the Act of 1843) are given in the notes to
the present section, or in the notes to the forms in the Schedules of the Act
of 1885.
The following are the principal distinctions between the present section
and s. 40 of the Act of 1843, the main distinction in principle being that the
present section increases the facilities of claimants º decreases the facilities
of objectors:—
The discretionary power to correct mistakes in claims or notices of objec-
tion (subs. 2); the requirement of notice before expunging a name not objected
to (subs. 8); the general obligation to retain names (subs. 9); the casting of
the burden of proof upon an objector (subs. 10); and the power to insert a
qualification of another nature than that put forward in a list or claim
(subs. 12); all these are entirely new. On the other hand, the obligation to
correct a mistake in a list (subs. 1), and to expunge names of persons insuf-
ficiently qualified or dead (subs. 3, 4, and 6), is imposed in terms substantially
identical with those of S. 40, except that subs. 5 is new.
(1.) He shall correct . . . in any list.] These words are clearly mandatory.
The mistake intended to be corrected was said, in Wood v. Willesden Overseers,
2 C. B. 15, to be only of such a nature as would not mislead, and the
obligation to correct appears to be confined to mistakes by the overseers.
See per Brett, J., in Bendle v. Watson, L. R. 7 C. P., at p. 170. In Ballard V.
Ičobins, 3 C. P. D. 92; 47 L. J. C. P. 50, the name of a voter appeared under
the heading, “Voters in respect of property, including occupiers of £50 and
upwards.” His true qualification was as a £12 occupier, but his name had
been onlitted from the list of such occupiers. It was held that this was a
mistake in a list which the barrister was bound to correct. It has also been
held that the obligation applied in a case where lists were improperly divided
to correspond with a popular but incorrect division of a parish : Elliott V.
St. Mary's Carlisle Overseers, 4 C. B. 76; and in a case where eighteen occu-
pation voters were placed on a list headed by mistake of the printer as a
list of persons entitled to vote in respect of property : Mather v. Allandaie
(Overseers of), L. R. 6 C. P. 272; 40 L. J. C. P.76; 23 L. T. 539; 19 W. R. 284.
ACT OF 1878—DUTIES AND Powers of REVISING BARRISTER.
157
The list of lodgers' claims is not a list within subs. 1: Pickard v. Baylis,
5 C. P. D. 235, and infra.
(2.) He may correct . . . in any claim or notice of objection.] These words
are clearly permissive, and leave a wide discretion to the revising harrister.
Where a lodger's claim (see Form H., No. 2, p. 226) omitted to state the
amount of his rent and the address of his landlord, and these particulars
were supplied at the revision, but the revising barrister declined to insert
them, the Court approved of and affirmed his decision: Pickard v. Baylis,
5 C. P. D. 235; 49 L. J. C. P. 182; 28 W. R. 256; 1 Colt. 98. But this
case, though a strong authority to guide the exercise of the discretion, is no
express authority binding a similar exercise of it in every case. An omission
to state the place of residence of an objector describing himself only as on
the list of parliamentary voters, and being in fact well known, was held
curable in Adams v. Bostock, 8 Q. B. D. 259; 51 L. J. Q. B. 175 ; 45 L. T.
443; 30 W. R. 460 ; 1 Colt. 275; and so was an omission of the word
“parliamentary’ before “voters” in James v. Howarth, 5 C. P. D. 225; 49
L. J. C. P. 169.
(3.) He shall expunge . . . insufficient in law.] This seems to apply to
cases where the qualification is bad on the face of it, e.g. a qualification
under s. 27 of the Act of 1832, p. 17, in respect of a counting-house of the
annual value of £9 only.
(4.) He shall ea punge . . . dead..] As to obligation on overseers to omit
these names, see subs. 5.
(6.) Omission or insufficient description.] There must be a case of wholly
omitting for this subsection to apply to omissions. See note to subs. 2. As
to misdescriptions, it applies to cases where the number of a house has been
altered : Bendle v. Watson, L. R. 7 C. P. 163; 41 L. J. C. P. 15; or where
fifteen plots of land on a building estate are stated by their names, and the
łº has parted with all but one: Smith v. Woolston, 4 C. P. D. 84; 48
L. S. C. P. 184.
(7.) He shall ea punge . . . incapacitated.] The incapacity here referred to
is the incapacity of those who from some inherent or for the time irremov-
able quality in themselves (e.g. peers, women, or constables), are, whether
by common law or statute disqualified, and not the incapacity of those who
from failure in the incidents or elements of the franchise could be successfully
objected to on the register. It therefore has been held not to include the
incapacity arising from parochial relief: Hayward v. Scott, 5 C. P. D. 231;
49 L. J. C. P. 167; 28 L. J. C. P. 167; 28 W. R. 988; 1 Colt. 76; following
with approval Stowe v. Jolliffe, L. R. 9 C. P. 734.
(8.) Before ea:punging . . . notice.] This subsection, though imperative in
form, practically leaves the giving of the notice and the character of the
notice to the discretion of the revising barrister.
(12.) Substitution of qualification.] This subsection merely authorizes the
revising barrister to substitute a more proper description in law of the
qualification stated, as by adding “ dwelling” to “house ’’ in a case where
the party had a house below the value of £10, and therefore a qualification
under s. 3 of the Act of 1867, and not under s. 27 of the Act of 1832 : Friend
v. Towers, 10 Q. B. D. 87; 52 L. J. Q. B 609; 48 L. T. 973; 31 W. R. 247;
1 Colt. 310; but does not authorize the insertion of an entirely different
description of qualification, as the substitution of “Nos. 8 and 9, Birley
Place,” for “8, Birley Place,” and of “houses in succession ” for “house?”
I’orrett v. Lord, 5 C. P. D. 66; 49 L. J. C. P. 176; 42 L. T. 28; 28 W. R.
393; 1 Colt. 46.
In Bartlett v. Gibbs, 5 M. & G. 81, it was held that “House in East
Street” could not be altered to “No. 10, East Street, and No. 16, West Street”
under the repealed s. 40 of the Act of 1843, p. 93; but in Ford v. Hoar,
14 Q. B. D. 507, it was held by Cave and Stephen, J.J. (Lord Coleridge, C.J.,
diss.), that Bartlett v. Gibbs did not apply to this subsection. In Ford v.
41 & 42 Vict.
c. 26, s. 28.
158
IPART II.-REGISTIRATION OF ELIECTORS.
41 & 42 Vict,
c. 26, s. 28.
= ~ - - - - -º- tº--------. -----
J)ulies cºnd
J’owers of
./'evising
13arristor.
Power to ſime
overseers ſor
neglect.
* p. 101,
1.xpenses and
receipts.
+ p. 128,
p. 102.
Iſoar, the nature of the qualification was described as “dwelling-housos
in succession,” and the qualifying proporty as “44, Oxford Street, and
34, Prospect Place, Cowick Street.” The voter had occupied throe houses,
but the overseers by mistake omitted to specify the third house, viz.,
31, Prospect Place. It was held by Cave and Sophon, J.J., that the rovising
barrister had power to correct the mis'ako, but that he should not have done
i (a8 ho did) by striking out “44 ° and “34,” but by inserting “31, Prospect
.." [8], (26).
Similarly, in Lynch v. Wheatley, 14 Q. D. D. 504, whore the qualification
was stated as “offices, successive occupation,” and the qualifying property as
“I ligh Street and Charles Street,” whoreas in fact the voter had occupied
one office only in IIigh Street, it was held that the rovising barrister might
correct the mistake, and should have amonded the list by striking out
“successive occupaſion” and “Charles Street.”
29. The provisions of the fifty-first section of the Parliamen-
tary legistration Act, 1843," relating to the power of the
revising barrister to fine overseers for neglect of duty, shall
extend to every wilful refusal, neglect, or breach of duty on the
part of overseers in the execution of this Act.
30. Where the whole or part of the area of a municipal
borough is co-extensive with or included in the area of a parlia-
mentary borough, the expenses properly incurred by the town
clerk (including in his expeuses the matters montioned in
section thirty-one of the IRepresentation of the People Act,
1867t), and the expenses properly incurred by the overseers in
carrying into effect the provisions of this Act with respect to
the lists of parliamentary voters and burgess lists, and all
moneys received in respect of any of those lists, or in respect of
any fine imposed by the revising barrister on the revision of
the lists, shall be respectively paid and applied as follows:
(1.) If the area of the parliamentary borough and the area of
the municipal borough are co-extensive, one half of the
expenses shall be defrayed in the manmer provided
by the Tarliamentary Registration Acts as expenses
incurred thereunder, and the other hālf shall be de-
frayed out of the borough fund, and one half of the
moneys received as aforesaid shall be applied in the
manner directed in those Acts, and the other half
shall be paid to the borough fund:
(2.) In all other cases the expenses and receipts in respect
of the area common to the parliamentary borough and
to a municipal borough shall, as to one half thereof, be
defrayed and applied as oxpenses and receipts under
the l’arliamentary lèegistration Acts, and shall as to
the other half theroof be defrayed out of and paid to
the borough fund of such municipal borough :
And the expenses and receipts in respect of an
area oxclusively parliamentary shall be defrayed and
applied as expenses and receipts under the Parlia-
mentary Registration Acts:
And the oxpenses and receipts of an area exclusively
municipal shall be defrayed out of and paid to the
PARLIAMENTAIRY AND MUNICIPA I, REGISTIRATION ACT, 1878.
| 59
borough fund of the municipal borough comprising
such area:
Any exponses and recoipts incurred or arising in
respect of more than one such area shall be apportioned
between the several areas in respect of which they
are incurrod or arise, in the proportion as nearly as
may be in which the same are incurred and arise in
1.espect of the several areas, regard being had to the
number of parliamentary voters or burgesses in each
area, or any other circumstances occasioning the ex-
penses or giving rise to the receipts:
The revising barrister shall, as part of the business
of the rovision, determino, if necessary, in respect of
what area or areas any expenses or receipts are incurred
or arise, and how much thereof is attributable to each
{ll'O8.
The remuneration of the revising barrister shall be paid as
horotoforo under the Parliamentary Registration Acts: Pro-
vided always, that in the case of a municipal borough whose
burgess lists are revisod under this Act, thore shall be paid out
of the borough fund to the revising barrister, by way of addi-
tional remuneration in respect of his additional work on account
of the municipal revision for such municipal borough, a remu-
neration at the rate mentioned in the third section of the
Municipal Corporation Act, 1859.
Iłorough I'und.] Iły ss. 140 and 141 of the Municipal Corporations Act,
1882, 15 & 46 Vict. c. 50, and by Schodulo 5 of that Act, the expenses under
this Soction aro payablo out of the borough fund as expenses charged thereon
by an Act of I’arliamont, and aro payablo thoreout upon an order of the
council signed by three members, and countersigned by the town clerk.
Itemuneration of JRevising Barrister.] See s. 59 of the Act of 1843, p. 104.
The ronuncration for the municipal revision appears to be at the rate of five
guineas por day, over and above exponsos, such being the romuneration of a
Commissioner for l)ivision of a 13orough into wards, under s. 30, subs. 15,
and Sched. 4 of tho Municipal Corporations Act, 1882, which has superseded
the third sociion of the Municipal Corporations Act, 1859.
31. The lists, if made out in divisions under this Act, shall
when revised be delivored to the town clerk to whom in respect
of the area to which the lists relate revisod parliamentary lists
ought to be delivered.
The revising barrister shall as part of the business of the
revision, at the request of the town clerk of any municipal
borough the whole or part of the area of which is co-extensive
with or included in the area of a parliamentary borough, sign
and deliver to him a duplicate of the whole or part of any
revised list made out in divisions and relating to that municipal
borough.
Every such duplicato shall bo preparod by the town clork at
Whose request it is so signed, and shall be kept by him for use
for municipal purposos.
Seo S. 17. In the case of a borough divided under tho licdistribution of
41 & 42 Vicf.
c. 26, s. 30.
Remuneration
of revising
barrister.
Delivery and
custody of re-
vised lists.
160
PART II.--REGISTRATION OF ELECTORS.
41 & 42 Vict.
c. 26.
Commence-
ment and dura-
tion of parlia-
mentary regis-
ter.
[Municipal.]
[Municipal.]
[Municipal.]
Power for re-
vising barrister
to summon
witnesses.
Seats Act, s. 8, p. 259, it seems that the town clerk of tho whole borough will
act under this soction for all the divisions.
32. The register made up from revised lists under the Parlia-
mentary Iłogistration Acts and this Act of voters for any par-
liamentary borough shall come into operation on the first day
of January next after the revision, and shall continue in opera-
tion for the year commencing with such first day of January.
Iły s. 30, subs, 4 of the Rodistribution of Seats Act, 1885, p. 241, it is
provided that the register shall, in 1885, be delivered to the returning officer
on the 7th Novembor, and shall be the register of voters, as after that day, if
I’arliament be then dissolvod.
As to commoncement of registor in ordinary years, soe S. 88 of the Act of
1867, p. 130.
33. The burgess roll made up from revised lists under this
Act of burgesses for any municipal borough shall come into
operation on the first day of November next after the revision,
and shall continue in operation for the year commencing with
such first day of November.
34. For all the purposes of the Municipal Elections Act,
1875, relating to the qualification of candidates, or of persons
signing or subscribing nomination papers, expressions referring
to the burgess roll of the borough, or to the burgess roll or
ward list for the time being in force in the borough or ward,
shall, for the purposes of any election to be held on or after the
first day of November in any year, be deemed to refer to the
new burgess roll or ward list to come into force on the first day
of November in that year.
35. Where burgess lists are revised under this Act, the pro-
visions of the l’arliamentary Tºegistration Acts as to appeal
from the decision of the revising barrister shall apply to a
decision on the revision of the burgess lists, and the provisions
of the said Acts as to the alteration or correction of the register
in pursuance of any judgment or order of the court of appeal
shall apply to the alteration or correction of the burgess roll
made up from the burgoss lists as if it were a register of parlia-
mentary voters, except that the notice of the judgment or order
shall be given to the town clerk having the custody of the
burgess roll, and the alteration or correction shall be made and
signed by him.
36. A revising barristor may by summons under his hand
require any person to attend at the court and give evidence or
produce documents for the purpose of the revision, and any
person who after the tonder to him of a reasonable amount for
his exponses fails so to attend, or who fails to answer any ques-
tion put to him by tho revising barrister in pursuance of this
section, or to produce any document which he is required in
pursuance of this section to produce, shall be liable to pay such
fine not exceeding five pounds as may be imposed by the revising
barrister, and such fine may be recovered, and when recovered
ACT OF 1878—APPEAL BY RULE—CoSTS OF APPEAL.
161
shall be applied in like manner as any other fine imposed by
the revising barrister under the Parliamentary Registration
Acts.
See SS. 51 and 52 of the Act of 1843, p. 101.
37. If any person feels aggrieved by a revising barrister
neglecting or refusing to state any case, he may, within one
month after such neglect or refusal, apply to the High Court of
Justice upon affidavit of the facts for a rule calling on the
revising barrister, and also on the person (if any) in whose
favour the decision from which the applicant desires to appeal
was given, to show cause why a rule should not be made directing
the appeal to be ontertainod and the case to be stated, and
thereupon the IIigh Court, or any judge thereof in chambers,
may make such rule to show cause, and make the same absolute,
or discharge it with or without payment of costs as seems just,
and the revising barrister on being served with any such rule
absolute shall stato the case accordingly, and the case shall be
stated and the appeal entertained and heard, notwithstanding
any limitations of time or place contained in the Parliamentary
Registration Act, 1843.
Seo SS. 42, 62, and 64 of the Act of 1843. It is believed that in no case
since the passing of this Act has it been yet (1885) necessary to bring the
provisions of this section into operation.
As to further appeal to Court of Appeal by leave, see s. 14 of the Judica-
turo Act, 1881, 44 & 45 Vict. c. 68, p. 163.
38. The costs of an appellant against a decision of a revising
barrister may, if the appeal is successful, be ordered by the
court hearing the appeal to be paid by the clerk of the peace or
town clerk named as respondent in the said appeal, whether he
shall or shall not appear before the said court in support of the
decision.
For enabling an appellant to obtain such an order he may at
or before the time of making his declaration of appeal under
section forty-two of the Parliamentary Registration Act, 1843,”
require the revising barrister to name the clerk of the peace for
the county or the town clerk for the parliamentary borough or
municipal borough, as the case may be, to which the appeal
relates to be respondent in the appeal.
The revising barrister if so required shall, and in any case
may, name such clerk of the peace or town clerk, as the case
may be, to be respondent in an appeal, either alone or in addi-
tion to any other person referred to in section forty-three of the
Tarliamentary Registration Act, 1843.t
The exponsos properly incurred by a clerk of the peace or
town clerk as respondent, including any costs which he may be
ordered to pay to the appellant in any such appeal, shall be
allowed to him as part of the expenses incurred by him in
respect of the revision of the list to which the appeal relates.
The term “expenses” in this soction shall include all matters
M
41 & 42 Vict.
c. 26.
Appeal where
revising bar-
rister neglects
or refuses to
state case.
Costs of appeal.
* p. 94.
f p. 96.
162
PART II,_REGISTRATION ()]? ELECTORS.
41 & 42 Vict,
c. 26, s. 38.
* p. 128.
+ p. 108.
Power to make
rules for pro-
ceedings at re-
vision courts.
Rules to be laid
before Parlia-
ment.
Service of
notices.
1 p. 114.
“ Notice.”
[Municipal.]
Saving for ex-
isting regis-
tel's.
Universities.
mentioned in section thirty-one of the Representation of the
People Act, 1867.* -
The costs of an appeal against a decision of a revising barrister
shall be in the discretion of the court hearing the appeal, sub-
ject, except as aforesaid, to the proviso contained in section
seventy of the Parliamentary Registration Act, 1843.f
39. The authority having power to make rules for regulating
the practice and procedure in her Majesty's High Court of
Justice may from time to time make, and when made alter and
annul, rules for regulating the practice and procedure in the
courts of revising barristers for the purposes of the Parliamentary
Registration Acts and of this Act.
All rules made under this section shall be laid before each
House of Parliament within forty days next after the same are
made, if Parliament is then sitting, and if not, within forty
days after the beginning of the then next sitting of Parliament,
and if an address is presented to her Majesty by either of the
said Houses within the next subsequent forty days on which
the said House shall have sat praying that any such rule be
annulled, her Majesty may by Order in Council annul the
same, and any rule so annulled shall thenceforth be of no effect,
but without prejudice to the validity of any proceedings in the
meantime taken thereunder.
All such rules shall while in force have effect as if enacted in
this Act.
The authority to make rules under this section is apparently, by s. 17 of
the Judicature Act, 1885, as amended by s. 19 of the Judicature Act 1881, a
committee of eight judges, with a quorum of five; but no rules of procedure
have as yet (August, 1885), been made under this section.
40. The provisions of section one hundred and one of the
Parliamentary Electors Registration Act, 1843, as to the
service of notices shall apply to the service of notices under
this Act.
The term “notice” in the Parliamentary Registration Acts
and this Act shall include any document required to be sent or
delivered.
41. Section thirteen of the Ballot Act, 1872, shall, with
respect to any municipal election, apply to non-compliance with
any of the provisions of or mistake or error in the use of any of
the forms prescribed by the Municipal Elections Act, 1875.
42. Nothing in this Act shall affect any register of parlia-
mentary voters or burgess roll in force at the commencement of
this Act.
43. Nothing in this Act shall affect the provisions contained
in section seventy-eight of the Reform Act, 1832.
S. 78 of the Reform Act, 1832, which saves the Universities of Oxford and
Cambridge from the operation of that Act, is repealed by s. 15 of the Act of
1885, p. 175.
JUDICATURE ACT, 1881, SEC, 14—FURTHER APPEAL.
163
SCHEDULE.
[Forms of Precept Lists, Claims, Notices of Objection, &c., for Boroughs,
prescribed by s. 8. Superseded by forms in Schedule 3 of the Act of 1885,
p. 206, prescribed by s. 18 of that Act, p. 176.]
1881.
14. The jurisdiction of the High Court of Justice to decide
questions of law, upon appeal or otherwise, under the Act of the
sixth and seventh years of her Majesty, chapter eighteen, the
County Voters Registration Act, 1865, the Parliamentary Elec-
tions Act, 1868, the Corrupt Practices (Municipal Elections)
Act, 1872, the Parliamentary and Municipal Registration Act,
1878, or any of the said Acts, or any Act amending the same
respectively, shall henceforth be final and conclusive unless in
any case it shall seem fit to the said High Court to give special
leave to appeal therefrom to her Majesty's Court of Appeal,
whose decision in such case shall be final and conclusive.
See ss. 42, 62, and 64 of the Act of 1843, 6 Vict. c. 18, p. 95, and s. 37 of
the Act of 1878, p. 161. The Act of 1865 contains no special provisions as to
appeal.
P}. to this fourteenth section of the Judicature Act, 1881, there was, as
assumed by this section, though the question may have admitted of doubt, an
appeal by leave under S. 45 of the Judicature Act, 1843: Crush v. Turner,
3 Ex. D. 43, although it is believed that no appeal was in fact heard. For
instances of leave to appeal since the passing of this enactment, see Bradley
v. Baylis, 8 Q. B. D. 195; Ancketill v. Baylis, 10 Q. B. D. 577; and Nuth v.
Tamplin, 8 Q. B. D. 247,
44 & 45 Vict. c. 68. Supreme Court of Judicature Act,
48 Vict. c. 15.
REGISTRATION ACT, 1885.
An Act to assimilate the Law affecting the Registration of
Occupation Voters in Counties and Boroughs, and for
other purposes. [21st May, 1885.
Section. IPAGE
1. Extension to county voters of borough system of registration . , 165
2, Adaptation of Acts as regards lists of county voters . . . . . 166
3. Alteration of dates. . . . . . . . . . . . . . . 167
4. Period for revision--Evening sittings—Revision by polling districts
—Double entries in counties, &c. . . . t 167
5. Double entries in boroughs . . . . . . . . . . . 169
6. Saving as to registration of burgesses and voters in parishes in
municipal boroughs. . . . . . . . . . . . . . 170
7. Precepts from clerks of the peace and town clerks . . . . . 171
8. Remuneration of clerks of the peace . . . . . . . . . 172
9. Divided parishes . . . . . . . . . . . . . . 172
10. Special as to voters in 1885 . . . . . . . . . . . . 173
11. £50 rental voters . . . . . . . . . . . . . 173
12. Period of qualification by reference to July 15th . . . . . . 173
13. Constitution of polling districts . * * * * * * I73
41 & 42 Vict,
c. 26.
44 & 45 Vict.
c. 68.
Appeal from
High Court, by
leave, to Court
of Appeal.
48 Vict. c. 15.
164
PART II.—REGISTRATION OF ETIOCTORS.
48 Vict. c. 15. Section.
— ”
15.
16.
17.
18.
19.
20.
. ICxpenses in case of divided county jurisdiction ſº
Tepeal of s. 78 of Act of 1832 as to Universities . . .
Information as to persons disqualified by parochial relief
Repeal of enactments in Sched. 1 . . . . . .
Iºnactment of forms, &c. . .
Quarter Sessional Area,” &c. .
Extent and short title of Act
SCIEHEDULES-
1. Enactments repealed . . . .
(COUNTIES).
2. Instructions for counties. . . . .
Instructions to clerks of peace .
I'orms,
1. Precept to overseers . &
Part I.-General . tº º
Part II.-Dates . . . .
I'orms for Owners.
2. Notico for claims . . . . . . . . .
Notice of claims & º gº
3. List of claimants . . . . . .
4, 5. Notices of objection
6. List of persons objected to
7. Declaration of abode
I'orms for Occupiers.
(A.) Tequisition for names of inhabitant occupiers
(B.) Notice to be published by overseers as to rates
(C.) 1. Notice to be served on ratepayer * *
C.) 2. Tist of persons disqualified for unpaid rates
(D.) Old lodgers list tº e º e º e º
(E.) List of occupiers . e tº
(H.) 1. Notice of claims . . .
(H,) 2. Notice of claim by lodger
(I.) Notices of objection . e
(l{.) 1. List of claimants . sº
(K.) 2. List of lodgor claimants .
(I.) 1. Objection list . . . . . .
(II) 2. Objection list (lodger's) . . . . . .
(M.) I)eclaration to correct misdescription . . .
(N.) 1. Notice to party objected to of withdrawal .
(N.) 2. Notice to overseers of withdrawal of objection
(Q.) 1. Notice, to party objected to, of revivor of objection
(O.) 2. Notice, to overseers, of revivor . . . . .
(BOROUGHS).
3. Instructions for boroughs . . . .
Instructions to town clerks .
Precept to overseers . tº º O ſº e º 'º e
Part I.-General . . . . . . . . . .
Part II.-Dates tº $ tº $ tº º ſº
I'orms.
(A.) Tºcquisition by overseers for namos of occupiers .
(B.) Noticos as to rates to be published by ovorseers . .
(C.) 1. Notice to be served on ratepayer . .
(C.) 2. List of the disqualified for unpaid rates
(D–G.) Lists of voters ſº tº e tº
I)efinition of “Ownership voter,” “Occupation voter,” “County
I*A (I lº
174.
175
175
176
I76
177
178
178
I70
174)
180
180
185
189
190
I91
I92
194
194
195
197
I97
198
198
199
200
201
201
202
202
203
203
204
205
205
205
205
200
206
208
209
214
218
220
221
221
222
REGISTRATION ACT, 1885—County REVISION,
165
Section. PAGE
H.) 1. Notice of claim . . . . . . . . . . . . . 225
(H.) 2. Notice of claim by lodger . . . . . . . . . . 225
(I.) Notices of objection . . . . . . . . . . . . 227
(K.) Irists of claimants . . . . . . . . . . . . . 229
(L.) Lists of persons objected to . . . . . . . . . . . 231
(M.) Declaration to correct misdescription . . . . . . . . 233
(N.) 1. Withdrawal of objection . . . . . . . . . . 234
(N.) 2. Notice to town clerk of withdrawal . º & . 234
(O.) 1. Revivor of objection . e - e º . . 235
(O.) 2. Notice to town clerk of revivor . . . . . 235
(P.) Voter's notice of selection in case of duplicate entries . . . 235
Whereas it is expedient that the assimilation of the county
and borough occupation franchises should be followed by an
assimilation of the registration law applicable to those fran-
chises in counties and boroughs:
The assimilation of the franchises was accomplished by the Representation
of the People Act, 1884, p. 59, ante.
PE IT THEREFORE ENACTED as follows:
1.—(1.) Subject to the modifications in this Act mentioned,
the registration of occupation voters in parliamentary counties
shall be conducted in the like manner as the registration of
occupation voters in parliamentary boroughs, and the Parlia-
mentary Registration Acts shall apply to parliamentary counties
in like manner as they apply to parliamentary boroughs.
(2.) Subject to the modifications in this Act mentioned, the
following sections of the Parliamentary and Municipal Registra-
tion Act, 1878, that is to say,+
Soction nine” (relating to the publication of notices at post
offices, telegraph offices, and public, municipal, and paro-
chial offices);
Section twenty-sevent (relating to objections to the lists of
voters);
Section twenty-eightſ (relating to the duties and powers of
revising barristers); and
Section twenty-nineš (relating to the power to fine overseers
for neglect of duty),
shall apply to the registration of ownership voters in parlia-
mentary counties in like manner as to the registration of
occupation voters ; but save as aforesaid, nothing in this section
shall be deemed to extend to ownership voters any of the pro-
visions of the Parliamentary Registration Acts which relate to
boroughs.
(3.) In the construction of the above-mentioned Acts and
sections for the purposes of their application by this section,
there shall be made the variations following, and such other
Variations as are necessary for carrying into effect the said
application; that is to say,+
(a) “Parliamentary county’” shall be substituted for “par-
liamentary borough.”
48 Vict. c. 15,
Extension to
county occupa-
tion voters of
borough sys-
tem of regis-
tration.
Partial exten-
sion of borough
system to
ownership
voters.
* p. 142.
f p. 152.
iſ p. 153.
§ p. 158.
Modifications
ad hoc of
Registration
Acts.
166
PAIRT II.-REGISTRATION OF ELECTORS.
48 Vict. c. 15,
s. 1, subs, 3.
Modifion tions
of Registration
Acts.
i. p. 149.
§ p. 152.
“Ownership
voters.”
Adaptation of
Registration
Acts as regards
lists of county
voters.
Dates.
(b) “Clerk of the peace” shall, subject as in this Act
mentioned, be substituted for “town clerk,” save where
the context requires a reference to the town clerk of a
municipal borough.
c.) Section nine * of the Parliamentary and Municipal Re-
gistration Act, 1878, shall apply only to the publication
of notices within parishes situate wholly or partly in an
urban sanitary district and not in a parliamentary
borough.
(d.) Section sixteen f of the Parliamentary and Municipal
Ičegistration Act, 1878, shall not apply to parliamentary
counties, except so far as relates to the registration of
persons entitled to vote in respect of a lodger qualifica-
tion.
(e.) Section twenty-onef of the Parliamentary and Municipal
Registration Act, 1878, shall not apply to parliamentary
counties.
(f) Any notice required to be given to the town clerk by
section twenty-seven S of the Parliamentary and Munici-
pal Registration Act, 1878, relating to the withdrawal
and revival of objections, shall be given in a parlia-
mentary county to the overseers, and not to the clerk of
the peace.
I'or the “modifications in this Act mentioned,” see especially subs. 3 of
this section, and S. 4.
(1.) I'or definition of “occupation voter,” “parliamentary county,” and
“Parliamentary Registration Acts,” see s. 19, p. 177.
(2.) S. 28 of the Act of 1878 (p. 153) applied to counties generally, but
this section must be read with S. 4 of this Act, and it is to be observed that
s. 40 of the Act of 1843, which applied to counties only prior to this Act,
while S. 28 of the Act of 1878 applied to boroughs only, is now wholly
repealed by s. 17 and Sched. I of this Act, so that the “duties and powers of
a revising barrister” are, with the exception of certain provisions as to
double entries under subs. 9 of SS. 4 and 5, almost the same in counties and
in boroughs.
2.—(1.) For the purpose of the enactments relating to the
registration of voters the lists of occupation voters in a parlia-
mentary county shall be deemed to be part of the list of voters
in that county, and any person whose name appears in the list
of voters may object to the name of any person therein, in like
manner as if he were on the register of voters for the county.
(2.) In the list of voters and register of voters in a parlia-
mentary county there shall be separate lists of
a.) ownership votors;
º occupation voters other than lodgers; and
c.) lodgers.
For definition of “occupation voter,” see s. 19, infra.
As to manner of objection in a county, see s. 7 of the Act of 1843, p. 77.
For forms of lists, see Form No. 3 of Part I. of Schod. 2, p. 191 (“Ownership
Voters”), and Forms (D.) and (E.) of Sched. 2, p. 198 (“Occupation Voters”).
3.—-(1.) In both parliamentary counties and parliamentary
boroughs notices of claims and objections shall be given on or
REGISTRATION ACT, 1885–ALTERATION OF DATES.
167
before the twentieth day of August, and the twentieth day shall
be substituted in the Parliamentary Registration Acts for the
twenty-fifth day of August wherever the same occurs.
(2.) The overseers shall, in both parliamentary counties and
parliamentary boroughs, on or before the twenty-fifth day of
August publish the list of claims and objections, and deliver to
the clerk of the peace and town clerk respectively the papers
mentioned in sections nine and nineteen of the Parliamentary
Registration Act, 1843; and the twenty-fifth day of August
shall be, substituted in the Parliamentary Registration Acts
for the twenty-ninth day of August and for the first day
of September wherever those dates respectively occur, and
the first fourteen days after the said twenty-fifth day of
August shall be substituted for the first fourteen days of
September.
4.—(1.) The court for the revision of the lists of voters in a
parliamentary county may be held within the same period
within which a court may be held for the revision of the lists
of voters in a parliamentary borough, and seven days notice of
each court shall be sufficient.
2.) All declarations made in pursuance of section ten of the
County Voters Registration Act, 1865,” shall be transmitted to
the clerk of the peace on or before the twelftht day of September,
and such declarations shall be open to inspection, and copies
thereof shall be sold, on any day prior to the first day on which
a court for the revision of the lists of voters in a parliamentary
county can be held.
(3.) Where a place in a parliamentary county at which a
revising barrister for such county is required to hold a court, is
an urban sanitary district containing, according to the last
published census for the time being, more than ten thousand
inhabitants, the revising barrister shall hold at least one
evening sitting of his court in such place, and section four of
the Revising Barristers Act, 1873, f shall apply to such sitting
with the substitution of clerk of the peace for town clerk.
(4.) When it appears to the local authority having power to
assign polling places in a parliamentary County that, for the
convenience of the voters in some polling district in such
county, it is expedient to direct the holding of a revision court
in a town near such polling district, although outside the
boundary of the said county, the said authority may direct the
revising barrister for the county to hold a revision court in such
town.
(5.) The revising barrister need not insert in any list of
Voters for a parish in a county or borough the names of persons
claiming to be inserted in such list, but may revise the list of
claimants in like manner as if it were a list of voters, and sign
the same as so revised, and deliver it to the clerk of the peace
Or town clerk as the case requires, and such clerk shall insert in
48 Vict. c. 15,
s. 3.
20th substi-
tuted for 25th
August
25th substi-
tuted for 29th
August.
Amendments as
to Revision.
Period for
sittings of
Revision Court.
Declarations of
abode.
* p. 123.
i 5th in 1885.
Evening
sittings.
† p. 134.
Court near
polling district.
Revision of list
of claimants.
891
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: SMOTIOJ St, pouTulloqop Od
‘gi o AoA 9% IIeus pouſehot og 04 KIAuo out opeuſ os sº uoſº.oolos out JI (9)
170
PART II.—RI.GISTRATION OF ELIECTORS,
48 Vict, c. 15, tary and Municipal Registration Act, 1878, to retain one of
s. 5.
Multiple
Jºntries in
Boroughs,
Entry in more
than one divi-
sion of divided
borough.
* p. 259.
Saving as to
registration of
burgesses and
voters in
parishes in
municipal
boroughs.
such entries for voting, and places against the others a note to
the effect that such person is not entitled to vote in respect of
the qualification therein contained, and such person has not
selected the entry to be retained, the entry to be retained shall
bo determined as follows:
(a.) If one of the entries is on the list of freemen that entry
shall be retained;
(b.) If neither of the entries is on the list of freemen, and
one of the entries is the place of abode of the voter, the
entry in respect of the place of abode shall be retained ;
and
(c.) In any other case the entry in that one of the lists which
is first revised by the revising barrister shall be
retained ;
and if any such entry to be retained is objected to, the revising
barristor shall not finally place a note against any other entry
until the objection to the entry to be retained has been deter-
mined by him in favour of the voter.
(2.) Where a parliamentary borough is divided into divisions,”
and notwithstanding the said provisions of the Parliamentary
and Municipal Registration Act, 1878, and this Act, the name of
a person is entered in the register of parliamentary voters in
more than one division in the said parliamentary borough
without such note as above in this section mentioned, and
one of those entries is his place of abode, he shall be entitled
to vote only in that division in which he is registered as a voter
in respect of his place of abode, and shall not vote in respect of
any other entry.
6.—(1.) Subject to the exception hereinafter mentioned,
where a parish is situated in a municipal borough and not in a
parliamentary borough, the registration of occupation voters
shall be conducted in manner provided by the Parliamentary
and Municipal Registration Act, 1878, as applied by this Act,
respecting the registration of occupation voters in a parish
which is not situate in a municipal borough ; and the enrolment
of burgesses in the said municipal borough shall be conducted
in a manner provided by the Municipal Corporations Act, 1882,
with respect to municipal boroughs to which the Parliamentary
and Municipal Registration Act, 1878, does not apply ; and
revising assessors shall continue to be elected in accordance with
the Municipal Corporations Act, 1882, as amended by any Act
of the present session with respect to municipal elections.
(2.) But where any part of the area of the said municipal
borough was immediately before the dissolution of this present
Tarliament included in the area of a parliamentary borough,
and such parliamentary borough ceased after such dissolution
to be a parliamentary borough, then the registration of Occu-
pation voters and the enrolment of burgesses in a parish in such
municipal borough shall be conducted in like manner, so nearly
REGISTRATION ACT, 1885—MUNICIPAL REGISTRATION.
171
as may be, as heretofore, and the Parliamentary and Municipal
Registration Act, 1878, shall apply to the said municipal
borough in like manner as heretofore, subject nevertheless as
follows:
(a.) “Parliamentary county” shall, for the purpose of such ap-
plication, be substituted for “parliamentary borough.”
(b.) The lists and register of voters shall be made out alpha-
betically in like manner as in the rest of the county,
but the lists shall be framed in parts for polling
districts and wards in such manner that the parts may
be conveniently compiled or put together to serve as
lists for polling districts or as ward lists.
(c.) The overseers of every parish in such municipal borough
shall send to the clerk of the peace for the parliamen-
tary county two copies of the lists of voters at the
same time at which they send copies to the town clerk,
and the lists of voters for a parish in such borough
when revised shall be transmitted by the revising
barrister to such clerk of the peace, and dealt with by
him as with other lists in his county, but, save as
aforesaid, the town clerk of the municipal borough
shall, until such transmission, act as and be deemed
to be the town clerk within the meaning of the Par-
liamentary Registration Acts and this Act in relation
to such parish, and the clerk of the peace shall not act
in relation to the registration of occupation voters in
such parish.
(d.) The lists of occupation voters and burgesses shall be
revised by the revising barrister for the parliamentary
county in which the municipal borough is situate, and
if that borough extends into more parliamentary
counties than one, then by the revising barrister for
the parliamentary county in which the greater part in
extent of such municipal borough is situate, and such
revising barrister shall hold a court in the municipal
borough.
7.—(1.) Clerks of the peace and town clerks shall send their
precepts to the overseers in the present year within twelve
days after the passing of this Act, and in any subsequent year
on or within seven days before the fifteenth day of April.
(2.) Where a parliamentary county is co-extensive with or
Comprised in one county quarter sessional area, the clerk of the
peace for that area shall, as regards such parliamentary county,
be clerk of the peace for the county within the meaning of the
Parliamentary Registration Acts and this Act, subject never-
theless to the provisions of section one hundred and one of the
Parliamentary Registration Act, 1843, with respect to the town
clerk of the borough of Newport, Isle of Wight, being deemed
and taken to be clerk of the peace for the parliamentary county
of the Isle of Wight. t
48 Vict. c. 15,
s. 6.
Precepts of
clerks of the
peace and town
clerks to over-
SCC l'S,
172
PART II.—IREGISTRATION OF ELECTORS.
48 Vict. c. 15,
S. 7.
Clerks of the
Peace.
Application of
s. 31 of Act of
1867 as to re-
muneration of
clerks of the
peace.
* p. 102.
f p. 59.
# p. 128.
Divided
parishes.
§ p. 139.
(3.) Where a parliamentary county extends into more county.
quarter sessional areas than one, the clerk of the peace of each
county quarter sessional area shall, in respect of each parish in
such parliamentary county which is within his jurisdiction, act
as and be deemed to be the clerk of the peace of the county
within the meaning of the Parliamentary Registration Acts and
this Act, until the lists of voters for such parish have been
revised ; but the revising barrister shall transmit the revised
lists of voters for such parish to the clerk of the peace of the
county quarter sessional area which comprises the largest part
in extent of the said parliamentary county, and save as afore-
said, such last-mentiomed clerk shall, as respects the said par-
liamentary county, act as, and be deemed to be sole clerk of the
peace of the county for the purposes of the Parliamentary
Registration Acts and this Act.
(1) Precepts to Overseers.] The Act passed on the 21st May, 1885, so that
the last day for sending the precepts in the year 1885 was the 2nd of June.
The last day for sending precepts under the Act of 1843 was, by SS. 3
and 10, the 10th of June, both for counties and boroughs.
For forms of precept, which by this Act are quite new and much more
claborate, see for Counties, Form No. 1 of Schedule 2, p. 180, and for Boroughs,
see Form in Schedule 3, p. 208.
As to sending supplemental precepts in 1885, and as to validity of things
done in anticipation of that Act, sce s. 19 of Redistribution of Seats Act,
1885, p. 239.
(3.) County Quarter Sessional Area.] For definition of “county quarter
sessional area,” see s. 19.
8. Whereas by section thirty-one of the Representation of
the People Act, 1867, it was provided that the word “expenses”
in sections fifty-four and fifty-five of the Parliamentary Regis-
tration Act, 1843," should include and apply to all proper and
reasonable fees and charges of any clerk of the peace of any
county, or of any town clerk of any city or borough to be there-
after made or charged by him in any year for his trouble, care,
and attention in the performance of the services and duties
imposed on him by the above-mentioned Acts: -
And whereas doubts may arise as to whether the said sectio
would extend to services and duties imposed upon him by the
Representation of the I’eople Act 1884, f or this Act, and it is
expedent to remove such doubts: Be it therefore enacted as
follows:
Section thirty-one of the Representation of the People Act,
1867, with respect to the remuneration of clerks of the peace
and town clerks, shall extend to their duties under the Repre-
sentation of the People Act, 1884, and this Act.
9. Where a parish is situated partly within and partly
without the boundary of a parliamentary county, or of a parlia-
mentary borough, or of a municipal borough, the burgesses of
which are enrolled in accordance with the Parliamentary and
Municipal legistration Act, 1878, Ş the Parliamentary Registra-
tion Acts and this Act shall apply as if the several parts of the
REGISTRATION ACT, 1885.
173
parish divided by such boundaries were respectively separate
parishes, and the overseers of the whole undivided parish were
also the overseers of each such separate parish.
This section has merely the effect of doubling the duties of overseers of
divided parishes, which overseers in which divided parishes will have to
make out separate lists of voters for each division.
10. Any person deemed to be an inhabitant occupier under
section three of the Representation of the People Act, 1884,” shall
be qualified to be registered as if the provisions of that Act had
been in force throughout the year one thousand eight hundred
and eighty-four, and had been duly carried into effect.
The Act of 1884, p. 59, ante, was passed on the 6th December, 1884. The
third section of that Act establishes what is commonly called the “service
franchise” by the enactment that a person inhabiting a house by reason of
an office or service shall be deemed to occupy the house as a tenant, but
contains no express words qualifying him to be registered. This section
expressly qualifies such a person for registration, and makes the period of
qualification which actually began on the 6th December, 1884, and would not
therefore but for this section be sufficient, constructively to begin on the
1st January, 1884.
11. A man entitled to be registered as a fifty pounds rental
voter shall be registered as an occupation voter and not as an
ownership voter, and shall be included in the expression “occu-
pation voter” in this Act, and it shall be the duty of the over-
seers to insert the name of every fifty pounds rental voter in
the list of occupation voters, and to add “objected ” before the
name of such voter in the portion of the register relating to
ownership voters.
As to fifty pounds rental voters, see s. 19 of this Act, post.
12. Whereas by section seven of the Parliamentary and
Municipal Registration Act, 1878, it is provided that every
period of qualification for parliamentary voters in parliamentary
boroughs which was then computed by reference to the last da
of July should be computed by reference to the 15th day of July,
and the said enactment extends to occupation voters in parlia-
mentary counties, and it is expedient to extend the same enact-
ment to all other voters in parliamentary counties: Be it
therefore enacted as follows:
Every period of qualification as defined by the said Act for
any voter in a parliamentary county which is now computed by
reference to the last day of July shall, instead of being so com-
puted, be computed by reference to the fifteenth day of July.
The 7th section of the Act of 1878, p. 141, extends to occupation voters in
Counties by virtue of s. 1, Subs. 1, of this Act, ante. The present section extend
it to ownership voters, and at the time repeats the extension of s. 1, subs. (1),
to occupation voters.
13.−(1.) Where a parliamentary county is co-extensive with
or is comprised within one county quarter sessional area, the
Court of county quarter sessions having jurisdiction in that area
shall be the local authority having power to divide such parlia-
48 Vict. c. 15,
s. 9.
Special provi-
sions as to
voters in 1885.
* p. 60.
Voters in re-
spect of £50
rental.
Period of qua-
lification by
reference to
15th July.
Constitution of
polling dis-
tricts.
174
PART II — IREGISTRA'l'ION OF ELECTORS.
48 Vict. c. 15,
s, 13
Polling /)is-
tricts,
As to expenses
in case of
divided county
jurisdiction.
mentary county into polling districts within the meaning of
the enactments relating to polling districts.
(2.) Where a parliamentary county extends into more county
quarter sessional areas than one, the court of county quarter
sessions for the area which comprises the largest part in extent
of such parliamentary county, shall be the local authority
having power to divide such parliamentary county into polling
districts.
(3.) Where a parliamentary county extends into more county
quarter sessional areas than one, the local authority having
power to divide the said county into polling districts shall have
power to agree with any other court of quarter sessions having
jurisdiction in that area for the constitution of a joint com-
mittee to take into consideration the division of such county
into polling districts and assigning of polling places to such
districts, and shall, after receiving the report of the said com-
mittee, make such order thereon as they may think fit.
(4.) The local authority having power to divide any parlia-
mentary county or parliamentary borough into polling districts
shall, not later than one month after the passing of this Act,
take into consideration the division of such county or borough
into polling districts, and, if necessary, in order to make the
districts conform with the enactments relating to the division of
counties and boroughs into polling districts, shall divide such
county and borough, or any division of such borough anew into
polling districts, and (in a county) assign polling places to such
districts, in such manner as shall make the districts so conform
with the said enactments, measuring the distance theirein men-
tioned along the nearest road, so as to meet the convenience of
electors in recording their votes.
(5.) A court of general sessions shall, where necessary for the
purposes of this section, be assembled forthwith after the passing
of this Act.
(1.) Cownty Quarter Sessional Area.] For definition of this term, see s. 19.
Inactments relating to l'olling Districts.] These enactments are: Repre-
sentation of the People Act, 1867, s. 34, p. 129; 13allot Act, 1872, s. 5, p. 434;
Corrupt and Illegal Practices Prevention Act, 1883, s. 47, p. 494.
14.—(1) Where any expenses have been incurred, either by
the court of county, quarter sessions of any county quarter ses-
sional area in dividing a parliamentary county into polling
districts, or by the clerk of the peace of any County quarter
sessional area under the Parliamentary Registration Acts, or this
Act, and such expenses were incurred partly in respect of a
locality which does, and partly in respect of a locality (whether
a division, liberty, county of a town, or other locality) which
does not, contribute to the county rate levied by the 6ourt of
county quarter sessions of such county quarter sessional area,
that court shall apportion the expenses between the localities
in the ratio, so nearly as may be, which the number of regis-
REGISTRATION ACT, 1885.
175
tered voters in each locality for the time being bear to each
other, and the amount apportioned to any such non-contributing
locality shall be defrayed out of the county rate or rate in
the nature of a county rate levied in such locality; and an
order of the said court of county quarter sessions, made on
the treasurer or other officer receiving such rate, shall be
obeyed by and may be enforced against such treasurer, as if
he were the treasurer of the court of county quarter sessions
making the order.
(2.) Where a parliamentary borough is situate within the
jurisdiction of more than one court of county quarter sessions,
and by reason of there being no town council in such borough,
the expenses of the town clerk under the Parliamentary Regis-
tration Acts and this Act are required to be allowed by the
quarter sessions for the county in which such parliamentary
borough is situate, such expenses shall be allowed by the court
of county quarter sessions within the jurisdiction of which
the larger portion of such parliamentary borough in area is
situate.
(3.) The receipts of any clerk of the peace under the Parlia-
mentary Registration Acts shall be applied in aid of the rate
which bears the expenses of such clerk, and if there is more than
one such rate, then of each rate in the proportion in which the
expenses are borne by such rates.
15. From and after the passing of this Act section seventy-
eight of the Act of Parliament passed in the second and third
years of the reign of his Majesty King William the Fourth,
chapter forty-five, shall be and the same is hereby repealed.
Provided that no person shall be prevented by any other Act
from being registered as a parliamentary voter in respect of his
occupation of any chambers or premises in any of the colleges
or halls of the Universities of Oxford or Cambridge.
See this Section and note, ante, p. 71.
16. Any person registered as a parliamentary voter in the
register of voters for a parish may, by notice in writing
delivered or sent to the clerk of the guardians for such parish,
or for the union containing such parish, require such clerk to
send to him a list giving the names and addresses, as appearing
in the books of the guardians and their officers, either of all
men of full age, or of all persons who have, during the period
specified in the notice, received out of the rates administered
by such guardians, either parochial relief or outdoor parochial
relief, and at the time of receiving such relief were recorded as
resident in the said parish or union, and the clerk of the
guardians, on payment of fees after the rate allowed by the
Parliamentary and Municipal Registration Act, 1878,” for
returns by registrars of births and deaths, shall send the list
with such of the said particulars as are specified in the notice,
and the relieving officers of the guardians shall give the clerk
48 Vict. c. 15,
s. 14.
Universities of
Oxford and
Cambridge.
Informations
as to persons
disqualified by
parochial relief.
* p. 144.
176
PART II. REGISTRATION OF ELECTORS.
48 Vict. c. 15, the information he requires for that purpose, and shall receive
s. 16.
Parochial
Relief.
* p. 111.
Repeal.
Substituted
forms, &c.
[See p 164.]
from the clerk a reasonable remuneration for so doing, and if
any clerk or relieving officer refuses or fails to comply with this
section he shall be deemed guilty of a wilful act of commission
or omission within the meaning of section ninety-seven " of the
Parliamentary Registration Act, 1843.
As to disqualification by parochial relief, see further s. 36 of the Act of
1832, and note, p. 25, applied to counties by s. 40 of the Act of 1867, p. 43,
by which section overseers are directed, both in counties and boroughs, to omit
disqualified persons from the lists of voters.
17. The Acts mentioned in the First Schedule to this Act
shall to the extent in the third column of that Schedule men-
tioned be repealed without prejudice to anything done in
pursuance thereof before the passing of this Act.
In addition to the enactments expressly repealed by this section, S. 8 of
the Act of 1878, p. 142, and the Schedule of Forms thereby enacted, appears
to be impliedly repealed by s. 18 of this Act, infra.
18. The forms and instructions contained in the Second and
Third Schedules to this Act shall be used and observed in all
cases to which they apply, and shall be substituted in all such
cases for the forms, instructions, and directions contained in the
schedules to the Parliamentary Registration Act, 1843, the
County Voters Registration Act, 1865, the Representation of
the People Act, 1867, the Parliamentary and Municipal Regis-
tration Act, 1878, and the Representation of the People Act,
1884, but a disregard of any form or instruction shall not of
itself invalidate any list, notice, or other thing.
Separate forms for counties and boroughs were prescribed by various sections
of the Act of 1843.
The Act of 1865, by s. 2, prescribed a new form of precept for counties, and
by s. 6 a new form of objection for counties.
The Act of 1867, by s. 28, prescribed a form of Notice of Rates in Arrear
to be given by overseers to voters, and by s. 30 forms of claim by lodgers, and
of list of lodger claimants.
The Act of 1878 provided a new set of forms for boroughs, except in
respect of freemen and of voters for the City of London.
The Act of 1884, by S. 9, subs. 3, provided a form of requisition for name
of occupiers to be sent by overseers to occupiers.
The present Section prescribes a new set (except as to freemen and voters
in the City of London) of forms for use in counties (Schedule 2) and in
boroughs (Schedule 3). The words “but a disregard of any form or instruc-
tion shall not of itself invalidate any list, motice, or other thing,” when
compared with the direction of s. 8 of the Act of 1878 that “the schedule
of Forms A. shall be construed and have effect as if enacted in the body of
º Act,” may perhaps have the effect of somewhat weakening the authority
of forms.
Material differences in the new from the old forms, and cases upon the old
forms so far as applicable are stated in an “I'ditors' Note” to each new form.
As to obligation to deliver “supplemental precepts” under Redistribution
of Seats Act, 1885, see s. 19, subs. 4, of that Act, p. 239.
As to the effect of imperfect publication of a list and of non-publication
of a list, see SS. 26 and 27 of the Act of 1843, p. 86, and as to effect of misnomer,
see s. 101 of that Act, p. 113.
REGISTRATION ACT, 1885—DEFINITIONS.
177
19. In this Act, unless the context otherwise requires,-
The expression “ownership voter” means a person entitled to
vote in respect of the ownership of property, whether of freehold,
leasehold, or copyhold tonure.
The expression “fifty pounds rental voter’ means a person
who on the sixth day of December one thousand eight hundred
and eighty-four was registered as a voter for a county in pursu-
ance of section twenty of the Reform Act, 1832,” in respect of
the occupation of any land or tenement for which he was bond
fide liable to a yearly rent of not less than fifty pounds, and who
continues by virtue of section ten of the Representation of the
People Act, 1884, f to be entitled to be registered as a voter in
respect of such occupation.
The expression “occupation voter” means, as regards a
parliamentary county, a person entitled to vote in respect of any
qualification conferred by the Representation of the People Act,
1884, and as regards a parliamentary borough means a person
entitled to vote in respect of any qualification conferred by
section five of the Representation of the People Act, 1884, or in
respect of a household qualification or a lodger qualification as
defined by that Act.
The expression “Parliamentary Registration Acts” means
the Parliamentary Registration Act, 1843, and the Parlia-
mentary and Municipal Registration Act, 1878, Ş inclusive of
any Acts and enactments amending the said Acts, or other-
wise relating to revising barristers or to the registration of
voters, and of any Acts and enactments relating to rating in
So far as they are auxiliary to or deal with the registration of
Voters.
The expression “parliamentary county’ means a county
returning a member or membors to serve in Parliament, and
where a county is divided for the purpose of such return means
a division of such county.
The expression “court of county quarter sessions” means the
justices in general or quarter sessions assembled for any county
at large, or riding, or parts of a county at large having a separate
commission of the peace and a separate court of quarter sessions,
and includes the justices in general or quarter sessions assembled
for the Isle of Ely.
The expression “county quarter sessional area” means the
area of the jurisdiction as extended by this Act of any court of
County quarter sessions, and includes the Isle of Ely; and save
as aforesaid, for the purposes of this Act every liberty, county
of a city, or county of a town which for the purposes of parlia-
mentary elections forms part of any county at large, riding, or
parts shall be deemed to be within the jurisdiction of the court
of county quarter sessions and clerk of the peace of such county
at large, riding, or parts.
The expression “clerk of the peace for a county quarter
Sessional area” means the clerk of the peace for such county at
N
48 Vict. c. 15,
JDefinitions.
“Ownership
voter.”
“Fifty pounds
rental voter.”
* p. 14.
f p. 66.
“Occupation
Votel',
“Parliament-
ary Registra-
- }}
tion Acts.
† p. 74.
§ p. 139.
“Parliament-
ary county.”
Quarter ses-
Sions.
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IREGISTIRATION ACT, 1885–SCHED 2, County ForMs.
179
SECONI) SCITEDUI, E.
INSTRUCTIONS ANT) FORMS FOR COUNTIES.
INSTRUCTIONS TO CLIERKS OF THE PEACE.
1. Where a parish or township is wholly situato in a parliamentary
borough which will at the next general election return a member or
members to serve in Parliament, or in a municipal borough the whole or
part of the area of which was comprised in the area of a parliamentary
borough which after the dissolution of the Parliament existing in January
in one thousand eight hundred and eighty-five ceases to be a parlia-
mentary borough, the clerk of the peace will omit from his precept and
the forms sent to the overseers of such parish or township such parts of
the following form of precept and other forms as relate to occupation
voters, that is to say, in tho precept, paragraphs 3 to 8, 13, 16, 17, 18, 23
to 25, 27 to 29, 34, 37, 41, 42, and so much of paragraphs 1, 33, 38, 39,
43, 44, 45, 46, and 47 as is between asterisks, and Part II. of the forms.
In the year 1885 the clerk of the peace will omit so much of the precept
as relates to the old lodgers list and the ſorms relating to that list.
If there is no corrupt and illegal practices list the clerk of the peace
will omit from the precept and forms all parts relating to it.
2. Where a parish or township is situate partly within and partly
without the boundary—
(a.) of a parliamentary borough which will at the next general clection
return a member or members to serve in Parliament ; or
(b.) of a municipal borough, the whole or part of the area of which was
comprised in the area of any such former parliamentary borough
as above montioned,
each such part of a parish is deemed to be a separate parish for the pur-
pose of the precept and these forms, and the clerk of the peace must send
to the overscers of such parish or township two precepts, as iſ that portion
of the parish which is within the said boundary wore a separato parish
from the portion without the said boundary, and must inform the over-
Soers that the lists of all the voters for each of the said portions must be
made out separately, and that any reference in cither precept to the parish
or township means only that portion of the parish or township which is
situate inside or outside the said boundary, as the case may be.
3. Where a parish or township is situate in more than one division of
a county or in more than one polling district, the clerk of the peace must
inform the overseers of such parish or township that the lists of voters for
the portion of the parish or township within each division or polling
district must be made out separately.
4. The clerk of the peace will send to the overscors of every parish or
township such number of copics of the register of voters for the parish or
township as are sufficient to comply with the provisions of the precept as
to publication, and a copy of cach of the following forms for ownership
voters, namely, ownership Forms No. 2, No. 3, and No. 6; and a sufficient
number of copies of the corrupt and illegal practices list, if any ; and when
forms relating to occupation voters are sont, a copy of each of the following
forms for occupation voters, l'orm A., Form B., Form C., No. 1 and No. 2,
I'orm T}., No. 3, Form E., No. 1, Form K., No. 1 and No. 2, and Form L.,
No. 1 and No. 2.
5. Each entry for voting on the parliamentary register of every county
or division is to be distinguished by a number, either alone or in combina-
48 Vict. c. 15.
[See s. 18.]
N 2
180
I’ART II.-IRIGISTRATION OF I.LECTORS.
48 Vict, c. 15.
Schedulo 2.
Instructions
and Precepts
(Counties).
Ownership
voters.
tion with a letter distinguishing the polling district in accordance with
the provisions of this Act.
6. Where the name of a person is entored on any list of voters for a
parish, and such person is registered by the revising barristor as entitled
to vote in a polling district, other than the polling district comprising such
parish, such entry shall in the register be denoted by an asterisk, and no
number is to be prefixed to the name of such person in such entry.
[Editors' Note.] Thoro were no corresponding “Instructions” to Clerks
of the Peaco Gither in the Act of 1843 or in the Act of 1878.
The precept is directed to be delivorod to overseers by s. 3 of the Act of
1843, p. 75.
As to delivory of “supplemental procepts” under Redistribution of Soats
Act, 1885, see 8, 19, subs. 4, p. 239,
I'olt M No. 1.
FORM OF PRECIEP'I' () F THII) (JLIGRK () F THIS PEACE TO
THIE ()WICIRSI)||RS.
REGISTRATION OF County VoIRs.
County of To the overseers of the poor of the parish of
to Wit [or of the township of l,
IN pursuance of the provisions of the Acts of Parliament in that behalf,
I require your attention to the following instructions respecting the
registration of county voters.
Part I. of this precept informs you generally of the persons entitled to
be registered as voters, and of the meaning of the oxpressions used in this
}. and also as to the mode in which you are to make out and publish
the list8. .
Part II. gives you in order of time the soveral matters which you are
required to do.
[I]ditors' Note.] This form replaces Form No. 1 in Schod. A. of the Act
of 1865, and is vory much more lengthy and elaborato. The Form of 1865
had not boon altorod by the Legislature to correspond with the changes
effected by tho Iłepresentation of the People Act, 1867.
PART I.
GENERAL INSTRUCTIONS EXPLAINING THE PERSONS ENTITLED TO BE
REGISTIRID, THE MEANING OF THE EXPRESSIONS USED, AND THE
MoDIC OF MAKING OUT AND PUBLISHING THE LIST8,
Daſinitions.
1. This precept relates to the registration of parliamentary voters for
your county [or division].” There are two classes of persons entitled to
be registered : first, ownership voters; and, secondly, occupation voters.”
2. In this precept—
(a) The expression “ownership voters” means persons entitled to be
registered as voters in respect of an ownership qualification ;
that is to say, of the ownership of property, whether of freehold,
leasehold, or copyhold tenure, and does not include fifty pounds
rental voters,
REGISTRATION ACT, 1885–SoHED. 2, County ForMs.
181
(b.) The expression “ownership portion of the register’ means the
portion of the register of voters which contains the names of
persons entitled to vote in respect of an ownership qualification
in your parish [or township].
(c.) The expression “list of ownership claimants’ means the list to be
made by you of persons who, on or before the twentieth day of
July next shall have claimed to vote in respect of an ownership
Qualification in your parish [or township].
3. In this precept the expression “occupation voters ” means persons
entitled to be registered as voters in respect of,
(a) a fifty pounds rental qualification as hereafter defined in paragraph 5
of this precept ;
(b.) a ten pounds occupation qualification as hereafter defined in para-
graph 6 of this precept ; or
(c.) a household qualification as hereaſter defined in paragraph 7 of this
precept ; or
(d.) a lodger qualification as hereafter defined in paragraph 8 of this
precept.
4. Every porson ontitled to be registered as an ownership voter or an
occupation voter must be a man of full age and not subject to any legal
incapacity, and must not at any time during the twelve months imme-
diately preceding the fifteenth day of July next have received any parochial
relief.
5. A person crititled to be registercd as a voter in respect of a fifty
pounds rental qualification—
(a.) must on the fifteenth day of July next be an occupier as tenant of
Some land or tenoment for which he is bomá ſide liable to a yearly
rent of not less than fifty pounds; and
(b.) must have occupied such land or tenement for the whole of the
twelve months immediately preceding the fifteenth day of July
next ; and
(c.) must have been registered as a voter in respect of the said occupa-
tion in the register of voters in force during the year one
thousand eight hundred and eighty-four.
If two or more persons jointly are such occupiers as above mentioned,
and the rent is such as to give fiſty pounds or more for each occupier, each
Such occupier, if he was registered in respect of the said occupation as
aſoresaid in the year one thousand eight hundred and cighty-ſour, is
entitled to be registered as a voter.
6. A person entitled to be registered as a voter in respect of a ten
pounds occupation qualification—
(a) must on the fifteenth day of July next be, and during the whole
twelve months immediately preceding that day have been, an
occupier, as owner or tenant, of some land or tenement in your
parish [or township] of the clear yearly value of not less than
ten pounds; and
(b) such person, or some one clºc, must during those twelve months
have been rated to all poor rates made in respect of such land or
tenoment; and
(c.) all sums due in respect of the said land or tenement on account of
any loor rate made and allowed during the twelve months
immediately preceding the fifth day of January last must have
- been paid on or before the twentieth day of July next.
If two or more persons, jointly, are such occupiers as above mentioned,
and the clear yearly value of the land or tenement is such as to give ten
bounds or more for each occupier, two of such occupiers are entitled to be
48 Vict. c. 15.
Schedule 2.
Occupation
voters.
General quali-
fication.
Fifty pounds
rental quali-
fication.
Ten pounds
occupation
qualification.
182
PART II.—REGISTRATION OF ELECTORS.
48 V ct. c. 15.
Schedule 2.
Precept
(Counties).
Household
qualification.
Lodgers
qualiſication.
registered as voters; but no more are so Gntitled (unless they derived the
property by descent, succession, marriage, marriage settlement, or devise,
or) unless they are bond ſide engaged as partners carrying on trade or
business thereon, in any of which cases all may be registered, if the clear
yearly value is sufficient to give ten pounds for each occupier.
If a person has occupied different lands or tenements in your division
[or county] of the requisite value in immediate succession during the said
twelve months he is entitled in respect of the occupation thereof to be
registered as a voter in the parish [or township] in which the last occupied
land or tenement is situate.
7. A person entitled to be registered as a voter in respect of a household
qualification—
(a.) must on the fifteenth day of July mext be, and for the whole
twelve months immediately preceding that day (except the time
(if any) not exceeding four months during which he has per-
mitted the house to be occupied as a furnished house), have been,
an inhabitant occupier of some dwelling-house in your parish
[or township], or of some part of a house separately occupied as
a dwelling; and
(b.) such person or some one else must during those twelve months
have been rated to all poor rates made in respect of the said
dwelling-house; and
(c.) all sums due in respect of the said dwelling-house on account of
any poor rate made and allowed during the twelve months
immediately preceding the fifth day of January last must have
been paid on or before the twentieth day of July next.
If two or more persons are joint occupiers of a dwelling-house no one of
them is entitled to be registered as a voter in respect of a household
qualification in respoct thereof, though if the value is sufficient, one or
more of them may be entitled under paragraph 6 above.
If a person has occupied different dwelling-houses in your division [or
county] in immediate succession during the said twelve months he is
cntitled in respect of the occupation thereof to be registered as a voter
in the parish [or township] in which the last occupied dwelling-house is
situate.
If a person inhabits a dwelling-house by virtue of any office, service, or
cmployment, and the dwelling-house is not inhabited by any person under
whom such man serves in such office, service, or employment, he is to be
considered as an inhabitant occupier of that dwelling-house,
8. A person entitled to be registored as a voter in respect of a lodger
qualification—
(a.) must have claimed to be registered; and
§ must have occupied separately as a lodger for the whole twelve
months immediately preceding the fiftecnth day of July next,
lodgings, being part of one and the same dwelling-house in your
parish [or township], and being of a clear yearly value, if let
unfurnished, of ten pounds or upwards; and
(0.) must have resided in such lodgings during the said twelve months.
If two or more persons are joint lodgers, and the value of the lodgings
is such as to givo ten pounds or more for each lodger, two of such persons
but no more are entitled to be registered as voters.
If a person has oocupied different lodgings of the requisite value in the
same house in immediate succession, he is entitled to be registered as
a voter in respect of tho occupation thereof,
REGISTRATION ACT, 1885–SCIIED. 2, County ForMs.
183
Mode of making out Lists.
9. Each list must be made out in alphabetical order.
10. In making out the list of voters you are to state the surname and
other name or names of each person at full length, the surname being
placed first.
11. In making out the list of claimants the surname and other names
of every claimant, with the place of his abode, the nature of his qualifi-
cation, and either the locality or other description of the qualifying
property, or the name of the occupying tenant, must be entered in the
list according as the same is stated in the claim.
12. In every list the place of abode should be entered with the name
(if any) of the street, lane, or other locality, and the number (if any) in
such street, lame, or other locality, and such entry should be made in all
cases in such a manner as will afford a full and sufficient address for a
person entered, if a letter is addressed to him by post.
13. In the case of occupation voters the nature of the qualification
should be entered as mearly as possible in the words of the statute
conferring the franchise, for instance:--
(a.) The mature of the fifty pounds rental qualification or ten pounds
occupation qualification of a person should be stated thus,
“tenement ’’ or “land,” or “land and tenement,” or, in the
case of a joint occupation, “tenement (joint.)” or “land (joint),”
or, in the case of successive occupation, “tenement (successive).”
or “land (successive)”:
(b.) The nature of a household qualification should be stated thus,
“ dwelling-house,” or in the case of successive occupation,
“dwelling-house (successive).”
Where the same property constitutes both a ten pounds
occupation qualification and a household qualification the nature
of the qualification should be entered as “dwelling-house.”
If the description indicates the nature of the qualification, as,
for instance, if a ten pounds occupation qualification consists of
a house and is entered as a dwelling-house, such description will
be sufficient.
Any description of the nature of the qualification further than that
above mentioned is superfluous and should not be given.
14. The description of any qualifying property should specify the name
and situation of that property, and for that purpose should state either
the name (if any) of the street, lane, or other locality, and the number
(if any) in such street, lane, or other locality, or the name of the occupy-
ing tenant; and the description of the qualifying property should in all
cases be such as will afford full and sufficient means of identifying such
property. -
15. Where several qualifications are possessed by the same person,
the particulars respecting each qualification should be stated in the list.
16. You should onlit from the occupiers list (mentioned in paragraph
thirty-four, sub-paragraph (a), of this precept) the mame of any person—
(a.) whom from the returns furnished by the registrar of births and
deaths or from your own knowledge you know to be dead; or
º who is not qualified by reason of the nonpayment of rates; or
c.) who is disqualified by reason of having received parochial relief;
Ol'
f(d.) whose name is entered in the corrupt and illegal practices list.f
17. In making out the old lodgers list (mentioned in paragraph thirty-
48 Vict, c. 15.
Schedule 2.
Alphabetical
order.
Entry of names,
&c.
Entry of nature
of qualification.
Entry of quali-
fying property.
Several quali-
fications.
Omissions of
dead and dis-
qualified.
† Omit (d.)
where there is
no corrupt and
illegal prac-
tices list.
Registrars
returns.
184
PART II.-REGISTRATION OF ELECTORS.
48 Vict. c. 15,
Schedule 2.
Objections in
old lodgers list.
Publication of
lists, &c.
Inspection and
delivery of
copies.
four, sub-paragraph (b), of this precept), if you have reason to believe that
any person whose name is entered on that list is dead, or is not entitled
to be registered, you should make a note to that effect in the margin of
the list.
18. The registrars of births and deaths are required to send to you
periodically returns of the names and residences of all male persons of full
age dying within your parish [or township], and you must examine those
returns to see whether any person who otherwise would appear in the list
of voters is dead, and you are to pay the registrar, as part of your expenses
connected with registration, a fee of twopence for each return, and a
further fee of twopence for every death entered in such returns.
Publication and Inspection.
19. The manner in which you are required to publish the ownership
portion of the register and the lists, notices, and documents, directed by
this precept to be published is as follows; (that is to say,) you are to fix
a copy thereof (each copy being first signed by you)—
(a.) on or near the outside of the outer door or of the outer wall near
the door of cvery church and public chapel in your parish [or
township], including chapels which do not belong to the Estab-
lished Church; or
(b.) if there is no such church or chapel, then in some public or
conspicuous situation in your parish [or township]; and
(c.) if your parish [or township] is wholly or partly situate in an urban
sanitary district and not in a parliamentary borough, then
in or near every public or municipal or parochial office in your
parish [or township], and (having first obtained the authority
of the local postmaster, or if he refuses, of the Postmaster-
General,) in some public and conspicuous position in or near
every post office and telegraph office occupied by or on behalf of
the Postmaster-General.
20. I'verything so published must remain there during a period includ-
ing two consecutive Sundays at least next after the first day of publication,
and if you find any portion of a register, list, notice, or other document
published by you in pursuance of this precept to be destroyed, mutilated,
defaced, or removed, you are forthwith to place another to the same effect
in its place.
21. Where this precept directs you during any period to allow any copy
of a portion of a register, list, notice, or other document to be open to
public inspection, and to deliver copies thereof, you will permit such copy,
list, notice, or document to be perused by every person desirous of perusing
it, at any time between the hours of ten of the clock in the forenoon and
four of the clock in the afternoon of any day, except Sunday, during the
Said period, without payment or demand of any fee; and you are also to
deliver a written or printed copy of it, signed by you, to every person
applying for the same during the said period, on payment of a price for
such copy after the following rate:–
For any list or copy of a list containing any number of persons’ names—
Not exceeding 100 names © tº º
Exceeding 100 and not exceeding 200
Exceeding 200 and not exceeding 300 .
Exceeding 300 and not exceeding 400
Exceeding 400 , , , .
i
6
REGISTRATION ACT, 1885–ScIIEd. 2, County ForMS.
185
22. You must allow any person who is registered as a parliamentary 48 Vict. c. 15.
voter for your division [or county] to inspect at all reasonable times, free
of charge, g
(a) the books containing the poor rates made for your parish [or town-
ship] within the last two years, and to make a copy of or take
an extract from such books; and
(b) the returns of deaths sent to you by the registrars of births and
deaths.
PATRT II.
THINGS TO BE DONE IN ORDER OF DATE.
Notices and Inquiries.
Schedule 2.
23. In the months of April and May, or one of them, you are to April and May.
inquire or ascertain with respect to all property in your parish [or town- In 1885 para-
ship] which comprises any dwelling-house (including under the term any graphs 23–25
part of a house separately occupied as a dwelling), whether any man, other may be omitted.
than the owner or other person rated or liable to be rated in respect of such
property is entitled to be registered as a voter in respect of a household
qualification by reason of his being an inhabitant occupier of such
dwelling-house, and you are to enter in the rate book in a separate column,
added for the purpose, the name of every man so entitled and the situa-
tion or description of the dwelling-house in respect of which he is
entitled.
If any property, whether by reason of belonging to the Crown or other-
wise, is not rated, you must act under this paragraph in the same manner
as if it were rated.
24. For the purpose of your inquiry you are at liberty to serve on any
person who is the occupier or rated or liable to be rated in respect of any
property, or on some agent of such person concerned in the management
of such property, a requisition according to the form marked A. among
the forms sent herewith. You may serve the requisition by giving it to
the person by whom it is to be observed, or by leaving it at his last or
usual place of abode or with some person on the property, and in case no
such person can be found, then by affixing the requisition in Some con-
spicuous part of the property; and where the property is occupied by a
company or other body of persons you may serve the requisition on the
Secretary or agent of the company or body of persons; and if the property
belongs to the Crown or is not rated, you may serve it on the chief local
officer having the superintendence or control of the property. A person
who fails to comply with the requisition is liable, on summary conviction,
to a fine of forty shillings.
25. In making the inquiries directed by the last two paragraphs you will
observe the following directions:–
(a) if you know that any man who is not rated has occupied a dwelling-
house since the fifteenth day of July last, you should enter the
name of that man in the rate book, as mentioned in paragraph
twenty-three of this precept, without serving any requisition on
the occupier or other person rated.
(b) you should not serve the requisition on the occupier or owner of any
property unless you have reasonable ground to believe that there
is some inhabitant occupier of such property, who is entitled to
vote, besides the person on whom the requisition is served.
26. On or before the twenticth day of June next you are to publish in 20th June.
186
PART II.—REGISTRATION OF ELECTORS.
48 Vict. c. 15.
Schedule 2.
Precept
(Counties).
20th June.
20th June.
22nd July.
25th July.
31st July.
31st July.
31st July.
manner directed by paragraph 19 of this precept the ownership portion
(but not any other portion) of the register for your parish [or township]
a copy of which is sent here with, together with a notice, signed by you,
according to the form marked No. 2, among the printed forms sent here-
with, but such copy and notice are not to remain published after the
twenty-fifth day of July next.
27. On or before the twentieth day of June next you are to publish, in
manner directed by paragraph 19 of this precept, a notice signed by you
according to the form marked B. among the printed forms sent here with.
28. Where any sum on account of a poor rate made and allowed during
the twelve months next before the fifth day of January last is on the first
day of June next due in respect of any property in your parish [or town-
ship] capable of conferring the franchise for the said county in respect of
a ten pounds Occupation or household qualification, you are, on or before
the twentieth day of June next, to give to every occupier of that property
a notice (in the Form (C.) No. 1 sent herewith), by delivering it to such
Occupier, or leaving it at his last or usual place of abode, or with some
person on the property in respect of which the rate is payable, and in case
no such person can be found, then by aſfixing the notice upon some con-
spicuous part of such property.
You need not give this notice if the rate has been previously duly
demanded of such occupier by a demand note served in the like manner as
the last-mentioned notice, but you must serve the notice on every occupier
of that property who will, if the rate is paid, be entitled to be registered
as a voter in respect of the occupation thereof.
29. If the sum due on account of poor rate as above mentioned in respect
of any property is not paid on or before the twentieth day of July next, all
Occupiers of that property are disqualified from being entered in any list of
Occupation voters; and on or before the twenty-second day of July next
you are to make out (in the Form (C.) No. 2 sent herewith) a list con-
taining the name of every person so disqualified; and you are to keep
that list and, during the first fourteen days after the said twenty-second
day of July, are to allow it to be open to public inspection, and to deliver
copies thereof in accordance with paragraph 21 of this precept.
30. On or before the twenty-fifth day of July next you will remove the
copy of the register published as directed by paragraph 26 of this
precept.
31. On or before the last day of July next you are to ascertain from
the relieving officer acting for your parish [or township] the names of all
persons who are disqualified from being inserted in the lists of voters for
your parish [or township], by reason of having received parochial relief,
and the relieving officer upon your application is bound to produce to you
at such place in your parish [or township] and at such times as are
required by you the books in his possession, containing the names of such
perSOms.
Ilists of Voters.
32. On or before the last day of July next you are to make out, in
manner directed by paragraphs 9 to 15 of this precept, the list of owner-
ship claimants, that is to say, a list (in the Form No. 3 sent herewith) of
all persons who, on or before the twentieth day of July next, have
delivered or sent to you or any one of you their claims to be registered as
County Voters in respect of an ownership qualification, situate wholly or
in part within-your parish [or township].
33. On or before the last day of July next you are to add on the
margin of one copy of the ownership portion of the register for your parish
REGISTRATION ACT, 1885–SCHED. 2, County FoRMs.
187
[or township] sent herewith, and on the margin of the list of ownership
claimants, the word “objected * before the name of every person therein
whom you have reasonable cause to believe to be not entitled to be
registered in the ownership portion of the new register about to be made,
and the word “dead” before the name of every person therein whom you
have reason from the returns sent by the registrars of births and deaths or
from your own knowledge to believe to be dead.
If it appears to you that any person is entered in the ownership portion
of the register for your parish [or township] in respect of a fifty pounds
rental qualification you will add the word “objected” before the name of
such person,” and will insert his name in the occupiers list.”
34. On or before the last day of July next you are to make out in
manner directed by paragraphs 9 to 17 of this precept the following list
of voters:—
(a.) The occupiers list, that is to say, a list (in the Form (E.) No. 1 sent
herewith) of all persons entitled by reason of the occupation of
property situate wholly or partly within your parish [or township]
to be registered as voters in respect of a fifty pounds rental, a ten
pounds Occupation, or a household qualification as defined in
paragraphs 5, 6, and 7 of this precept ; and
(b.) The old lodgers list, that is to say, a list (in the Form (D.) No. 3
sent herewith) of all persons who, being on the register of voters
now in force for your division [or county] in respect of residence
in lodgings within your parish [or township] have, on or before
the twenty-fifth day of July next, given or caused to be given to
you, or any one of you, claims to have their names inserted in
the lists of voters in respect of residence in the same lodgings.
35. On or before the first day of August next you are to sign one of
the copies of the ownership portion of the register for your parish [or
township] sent herewith, and the said list of ownership claimants, and to
cause a sufficient number of copies of such list to be written or printed,
and to publish the said portion of the register with your marginal addi-
tions and the said list signed by you in your parish [or township] in
manner directed by paragraph 19 of this precept.
36. You are also to keep a copy signed by you of the said list, and a
copy of the ownership portion of the register, with your marginal additions
thereon signed by you, and during the first fourteen days after you have
bublished them are to allow them to be open to public inspection, and to
deliver copies thereof in accordance with paragraph 21 of this precept.
37. On or before the first day of August mext you are to sign the
occupiers list” and old lodgers list” (if any) and to cause a sufficient
number of copies of such lists to be written or printed, and to publish the
Said lists signed by you in your parish [or township] in manner directed
by paragraph 19 of this precept.
38. f You are also to publish the corrupt and illegal practices list which
is sent herewith, at the same time and in the same manner as you publish
the list of ownership claimants,” and also at the same time and in the
Same manner as you publish the occupiers and old lodgers lists.”
39. You are to keep a written or printed copy of” each of the occupiers
and old lodgers lists (if any) which you have made, signed by you,i and
also of * the corrupt and illegal practices list,f and during the first fourteen
days after the publication thereof are to allow them to be open to public
inspection, and to deliver copics thereof in accordance with paragraph 21
of this precept,
48 Vict. c. 15.
Schedule 2.
31st July.
Sub-par. (b)
does not apply
in 1885, and
must be
omitted, and
the language of
the previous
part of the
paragraph
must be altered
accordingly,
and Form D.
(No. 3) need
not be sent.
1st August.
1st August.
* Omit in 1885.
# If there is no
corrupt and il-
legal practices
list, the para-
graph and
words relating
to it must be
omitted.
188
PART II.—REGISTRATION OF ELECTORS.
48 Vict. c. 15.
Schedule 2.
25th August.
25th August.
25th August.
25th August.
25th August.
Onit this
paragraph if
there is no cor-
rupt or illegal
practices list.
Claims and Objections.
40. On or before the twenty-fifth day of August next you are to make
out (in accordance with paragraphs 9 to 15 of this precept, and according
to the Form No. 6 sent herewith) a list of ownership voters objected to,
that is to Say, a list containing the name of every person whose name is
entered in the ownership portion of the register or list of ownership
claimants, against whom a notice of objection has been given to you, or
any one of you, on or before the 20th day of August next.
41. On or before the twenty-fifth day of August next you are also to
make out (in accordance with paragraphs 9 to 17 of this precept and
according to the Form L. sent herewith) occupiers and lodgers objection
lists, that is to say, lists containing the name of every person against
whom a notice of objection has been given to you, or any one of you, on
or before the twentieth day of August next, as not being entitled to have
his name retained in the occupiers list or old lodgers list for your parish
[or township], giving in separate lists the objections made to—
(a.) any person on the occupiers list; and
(b.) any person on the old lodgers list.
42. On or before the twenty-fifth day of August next you are to make
out (in accordance with paragraphs 9 to 17 of this precept and according
to the Form K. sent herewith) occupiers and lodgers claim lists, that is to
say, lists containing the name of every person who has given or caused to
be given to you, or any one of you, on or before the twentieth day of
August next, notice of his claim to be registered in any list of voters for
your parish [or township] in respect of a fifty pounds rental, ten pounds
occupation, household, or lodger qualification, making separate lists of
(a.) persons claiming to be registered in the occupiers list; and
(b.) persons claiming to be registered as lodgers but not comprised in
the old lodgers list.
43. On or before the twenty-fifth day of August next you are to sign
and publish in the manner directed by paragraph 19 of this precept a copy
of the list made by you in pursuance of paragraph 40 of this precept,” and
of every list made by you in pursuance of paragraphs 41 and 42 of this
precept.”
44. You are to keep a copy of each” such list signed by you, and
during the fourteen days next after the twenty-fifth day of August next
are to allow the same, and also the original notices of claims and objec-
tions, to be open to public inspection, and to deliver copies thereof, in
accordance with paragraph 21 of this precept.
45. On or before the twenty-fifth day of August next you are to deliver
to me—
(a.) the list of ownership claimants signed by you;
(b.) the copy of the ownership portion of the register (sent herewith)
with your marginal additions signed by you;
º a copy of the list of ownership voters objected to, signed by you ;
d.)* two copies of the occupiers and old lodgers lists; and
(e.) a copy of each of the occupiers and lodgers claim and objection
lists So made out and signed by you as aforesaid.*
46. You are also to make lists of persons claiming to be omitted from
the corrupt and illegal practices list (sent herewith), and of persons
objected to on the ground that they are omitted from the corrupt and
illegal practices list, and you will deal with such lists, claims, and objec-
tions in the same manner in all respects—
(a) if the person is on the ownership portion of the register, or on the
list of ownership claimants, as is directed by paragraphs 32, 33,
REGISTRATION ACT, 1885–SCHED. 2, County ForMs.
189
40, 43, 44, and 45 of this precept, respecting claims and objec-
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.
47. You are to attend the court to be holden by the revising barrister
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, L
(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.
Given under my hand this day of
(Signed) A.B.
Clerk of the peace for the county of
GENERAL FORMS.
PART I.
FORMS FOR OWNERSHIP Wot'ERs.
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 OvKRSEERs.
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
48 Vict. c. 15.
Schedule 2.
September.
Forms for
Counties.
(Ownership
Voters).
190
PART II.—REGISTRATION OF ELECTORS.
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 owner-
ship 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.
Dated this day of June in the year
(Signed) #!” of the parish
* C.D.ſ [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
s. 4 of that Act, p. 76. The mew form varies from the old one in applying to
ownership voters (for meaning of which term, sco S. 19 of this Act, p. 177) only.
FoRM of NoTICE OF CIAIM to be given to OvIRSEERs by CLAIMANTs
in respect of OwnIRSHIP.
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.
Dated the day of in the year
(Signed) G. II.
Name of the
chººl Place of Abode Nature of Description of Qualifying
surname being - ' | Qualification. Property.
first. ->
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 rent-
charge, 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, pre-
scribed by S. 4 of that Act, p. 76, which form it varies by applying to owner-
ship voters only. The mote 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
REGISTRATION ACT, 1885–SchI.D. 2, County ForMs.
191
respect of a ront-charge other than a titherent-charge, a statement of registra-
tion 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.] “Travelling abroad” sufficient: Walker v. Payne,
2 C. B. 12.
Nature of qualification.] This heading means that the party should state
whether he claims in respect of freehold, copyhold, leasehold, or £50 occupa-
tion, 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.
FoRM No. 3.
FoRM of LIST on Own ERSHIP 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 2
in respect of the ownership of property situate in whole or in part within
the parish [or township] of tº
Margin for Name of each Nature of
entering Voter at full Place of §º. Description of Quali-
Overseers | Length, the Sur- Abode. tº º fying Property.
Objections. name being first.
(Signed) A.B.) Oversecrs of the said
C.D.ſ parish [or township].
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 Parlia-
mentary 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
ownties
(Ownership
Voters).

192
PART II.—IREGISTRATION OF ELECTORS,
48 Vict, c. 15.
Schedule 2.
J’orms for
Counties
(Ownership
Voters).
FORM NO. 4.
NoTICE of OBJECTION to OwnIRSHIP WoTERs to be given to the
OVERSEERS,
To the overseers of the parish [or township] of tº
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

Name of the Voter Description of Qualifying
objected to as I’lace of Nature of pro . {US º º
described in the Abode as Qualification | y, perty as give
* ... l. g - * 1. . * Register or List of Owner-
Register or List of described. as described. º g
"...l..., rn 2 :- ship Claimants.
Ownership Claimants.
Dated the day of in the year
(Signed) A. B.
[Place of Abode.]
[Editors' Note.] This form is substituted by s. 18 of this Act for Form
No. 4 in Schedulo A, of the Act of 1843, prescribed by s. 7 of that Act, p. 77,
and except that it applios to ownership voters only, does not materially differ
thorefrom.
Daled.] The notice nood not be dated the day of signature; it is enough if
it be dated some day within time : Jones v. Jones, L, R, 1 O. P. 140. A
notice omitting a part of the date, as leaving the year blank, is bad : Beenlen.
v. IIockin, 4 C. 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.] Sco 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 O. B. (N.S.);
I(nowles 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.
To Mr. of [here insert the name and place
of abode of the person objected to as described in the register, and in the
REGISTRATION ACT, 1885–SCHED. 2, County ForMs.
193
case of motice 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 noſºce 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 j county
of tº
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 motice to the tenant instead
of the words “your interest,” insert “the interest of,” here
$nsert the name of the person objected to, in the qualifying
property;
or to the value of the qualifying property
or on the 4th column.
Dated this day of one thousand
eight hundred and e
Signed A.B. of [place of abode],
on the register [or list]
of voters for the parish [or township]
of
[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 s. 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. Diazom, 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 Over-
Seers, and to the occupying Tenant of the qualifying Property, where
notice is required to be given to the occupying Tenant.
To Mr. of [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]
º of ownership voters for the [ division of the] county
O ſº
Dated this day of one thousand
eight hundred and *
(Signed) A. B. of [place of abode],
- on the register [or list]
of voters for the parish [or township]
of ſº
[Editors' Note.] Substituted for Form No. 5 in Act of 1843.
Schedule 2.
194
PART II.-REGISTRATION OF ELECTORS.
48 Vict, c. 15.
Schedule 2.
Forms for
Counties (Own-
ership Voters).
FoRM No. 6.
LIST of PERSONS objected to as Ownership Wot'ERs to be published by
the OVERSEERs.
The following persons have been objected to as not being entitled to have
their names retained in the [name of parish or township] list of
ownership voters for the [ division of the] county
of tº
Name of each - Nature of the Description of qualifying
Place of

Person objected to d Property as given in the
at full Length, the Abode. Q º . Register or List of Owner-
Surname being first. Ulallſ1C8,ü10Il. ship Claimants.
(Signed) A.B.UOverseers of the parish [or
C.D.ſ township] of ſe
Note.-In this form copy particulars from Register of Voters or owner-
ship list of claimants.
[Editors' Note.] Substituted for Form No. 6 in Act of 1843, prescribed
by s. 8 of that Act, p. 78. .
FORM No. 7.
FoEM of DECLARATION by WotCR as to his Place of Abode.
I, A. B., of [place of abode] on the list of ownership voters for the
parish [or township] of , in the [ division of
the] county of , do solemnly and sincerely declare that I
possessed on the last day of June now last past the same qualification in
respect of which my name has been inserted in such list, and that my
true place of abode is now
(Signed) A.B.
[Place of abode.]
Made and subscribed before me, the C. D.
day of in the J[Signature of justice, &c.]
year tº [Statement of his quality as
justice, &c.]
[Editors’. Note.] Substituted for Form in Schedule B. of Act of 1865,
prescribed by s. 10 of that Act, p. 123. “Last day of June" is substituted
for “last day of July.”
REGISTRATION ACT, 1885–SCHED. 2, County FoEMs. 195
48 Vict, c. 15.
PART II. Schedule 2.
FoEMS FOR OCCUPATION WOTERs. -
Note.—The following forms (A.) to (O.) refer only to occupation voters.
FoRM (A.) - This form
- • - should be
FoRM of REQUISITION by OverSEERS requiring NAMEs of omitted in
INHABITANT OCCUPIERs. 1885.
TO E. F.
You are hereby required to fill up accurately the under-written form.
If this form is not returned to us [or me], accurately filled up, within
twenty-one days after the service hereof, you will be liable, under the
Representation of the People Act, 1884, to a penalty not exceeding forty
shillings.
Dated this day of 18 .
A.B. -
O.D.
Overseers [or assistant overseer] for the parish [or township] of
Form of Return.
1. 2. 3.
Property in respect Situation or Description Surname and other Name of
of . the i. of every Dwelling-house, every Man who was on the
making the Return | * defined by the Repre- fifteenth day of July last, and
is #: d [or sentation of the People has been up to the date of the
liable to be rated Acts, forming part of the Return, an Inhabitant Occupier
or Occupier] 7 Property in the First of any Dwelling-house in the
pler J. Column. Second Column.
I declare that the above is a true and complete return.
- (Signed) E. F.
Dated the day of 18
Note.—The description of the property in the first column should be a
copy from the rate book, and should be filled in by the overseers, and if
it is a house numbered in a street should specify the street and number.
Such of the following instructions as are suitable should be annexed to
the form, with such alterations (if any) as the overseers think necessary
for adapting them to the circumstances of the parish or of the property to
which the notice refers.
196
PART II.--TI.GISTRATION OF ELIECTORS.
48 Vict. c. 15,
Schedule 2.
I'orms for
Counties (Occu-
pation Voters).
INSTRUCTIONs for filling up a l'ORM.
Instructions where Property consists of several Buildings; for instance,
Cottages let by the Owner.
In the second column insert “cottago in - Lane,” or otherwise
describe its locality.
In the third column insert, opposite to the description of the cottage in
the second column, the name of the man who now inhabits it, and has
inhabited it since the ſiſteenth day of July last.
If it has not been so inhabited stato so, or omit the cottage from the
second column.
The head of the family alone is considered to be the occupier.
Instructions in case of what is commonly called the Service I’ranchise.
The dwelling-house in the second column may be either—
a.) A separate house—ſor example, a schoolmaster's house; or
§ A part of a dwelling-house separately occupied as a dwelling—for
example, a room or rooms over a stable, or caretaker's rooms in
an oſlice.
Iſ it is a separate house, insert in the second column, “house in
Road,” or otherwise describe its locality.
If it is a part of a dwelling-house, insert in the second column “rooms
over stable,” “basement of oſlico,” “rooms over shop,” or otherwise specify
the locality of the room or rooms.
In the third column insert, opposite to the description of the dwelling-
house in the second column, the name of the man who now inhabits it,
and has inhabited it since the ſiſteenth day of July last.
If it has not been so inhabited state so, or omit the dwelling-house
from the scCond column.
In filling up the return it must bo recollected that, under the Represen-
tation of the l’eople Acts,
(a.) In the case of a man who inhabits by reason of any office, Service,
or employment, if the same house is inhabited by any person
under whom such man serves in his office, Sorvice, or employ-
ment, such man is not considered a separate inhabitant occupier ;
for example, a butler occupying rooms in his master's house is
not such an occupier, although, if he occupied rooms over a
detached building, such as a laundry, he might be such an
Occupier;
(b.) The head of the family alone is considered to be the occupier.
Instructions in the case of a IIowse let in separate Tenements.
The dwelling-house in the second column may be any room or rooms in
the house which are separately occupied as a dwelling.
Insert in the second column the position of the room or rooms occupied ;
for example, “first floor, front room.”
In the third column insort, opposite to the description of the room or
rooms in tho second column, the name of the man who now inhabits it or
them, and has so inhabited since the fifteenth day of July last.
If any room or rooms have not been so inhabited state so, or omit the
room or rooms from the second column.
In filling up the return it must be recollected that, under the Represen-
tation of the People Acts,
TEGISTRATION ACT, 1885—SCIIED. 2, County ForMs.
197
(a.) A man who occupies separately any room or rooms in a house must 48 Vict. c. 15.
be entered, although he is entitled to the joint use of Some other
part of the house; for example, a man occupying separately the
first floor front rooms, and having joint use of a wash-house,
must be entered:
(b.) The head of the family alone is considered to be the occupier.
If the landlord of a house let out in separate tenements lives in the
house, he must not return the names of the occupiers of tenements in that
houso.
[Editors' Note.] This Form of Requisition replaces the form in Schedule 3
of the Representation of the People Act, 1884, p. 70, prescribed by S. 9 of that
Act, the note at the foot of the form and the elaborato “Instructions” being
lºw. This form (see note in the margin) is not intended to be sent
1I] ičjö),
For M (B.)
NoTron, as to RATEs to be published by the OVERSEERs.
no person will be entitled
to wit. to have his name inserted
on any list of parliamentary voters for the said division [or county], now
about to be made in respect of the occupation as a ten pounds occupier or
inhabitant occupier of any premises situate wholly or partly within this
parish [or township], unless all sums which have become due in respect of
those premises on account of any poor rate made and allowed during the
twelve calendar months next preceding the fifth day of January last past
have been duly paid on or before the twentieth day of July next.
[ division of the] county of ſº hereby give notice that
Dated the day of June 18
(Signed) #} Overseers of the parish [or township]
O.D. of g
[Editors' Note.] This and the two next forms adapt to counties (for which
they were not prior to this Act prescribed) the forms in pari materić for
boroughs.
FoEM (C.)
No. 1.
NoTICE as to RATIts to be SERVED by OverSEERs.
To A.B.
division of the] county of º
Take notice that you will not be entitled to have your name inserted in
the list of parliamentary voters for the said division for county] now about
to be made in respect of the occupation as a ten pounds occupier or
inhabitant occupier of the premises in your occupation in [street or place],
unless on or before the twentioth day of July next all sums due in respect
of those premises on account of any poor rate made and allowed during
the twelve calendar months next preceding the fifth day of January last,
amounting to £ are duly paid.
Dated the day of June 18
(Signed) - %}overseers.
of the parish [or township] of &
Schedule 2.
198
PART II,_REGISTRATION OF ELECTORS.
48 Vict. c. 15.
Schedule 2.
Forms for
No. 2.
FORM of LIST of NAMEs of PERSONS
Counties (0ccu- Disqualified for being registered in respect of a ten pounds occupation or
household qualification by nonpayment of the rates due in respect
of the premises named herein.
pation Voters).

In 1885
Form D. No. 3
does not apply
and should
not be sent.
No. 3.—OLD LODGERS LIST.
Names of Persons º
sº Place of º Person actually rated in
in Full Premises. *
Surname b sing first. Abode. . respect of Premises.
FoRM (D.)
The persons who being on the register of parliamentary voters now in
division of the] county of
in respect of residence in lodgings within the parish [or township] of
claim, in respect of residence in the same lodgings, to have
their names inserted in the list of parliamentary voters for the said
[division or] county.
force for the [

Names of
Claimants in
full, Surname
being first,
Name and
Address of
Landlord or
other Person
to whom
Rent is paid.
Margin for
Objections by
Overseers.
Description of Street, Lane, or
Rooms other Place, and
occupied, and Number, if any,
whether of House in
Furnished or which Lodgings
not. are situate.
(Signed) A.B.
C.D.
º of
township]
the parish [or
Of
[Editors' Note.] This form applies only to lodgers appearing by virtue of
the Act of 1884 for the first time on the register in 1885, and therefore does
not apply in 1885.
REGISTRATION ACT, 1885—SCHED. 2, County FoRMs.
199
FoEM (E.)
FORM OF OCCUPIERS LIST.
List of the persons entitled to be registered as parliamentary voters for
the [ division of the] county of in respect
of the inhabitant occupation of a dwelling-house, or of the occupation of
any land or tenement of a clear yearly value of ten pounds, or of any
right reserved by section ten of the Representation of the People Act,
1884, when such dwelling-house, land, or tenement is situate wholly or
partly within this parish [or township].
1. 2.
Names of Voters in
3. 4.
full, Surname being
first.
Place of Abode.
Nature of
Qualification.
Description of
Qualifying Property.
Brown, Thomas
Hodge, John
Jackson, William
Masters, Abel .
South, William.
i
Dwelling-house.
Dwelling-house.
Land and tene-
ment.
Land and tene-
ment (joint).
Dwelling - house
(successive).
Elm Willa, Green
Lane.
Cottage in Lewes
Road [or Green
Lane, or on
Church Farm,
or as case may
be].
Horton Farm.
2 Queen Street.
Oak Villa, Green
Lane, 5 Queen
Street.
(Signed) #}º of the parish [or
C.D.ſ township] of
NOTE.-Any person registered in respect of a fifty pounds rental qualifi-
cation must be included in the foregoing list.
[Editors' Note.] This and the remaining forms of Schedule 2 are new in
counties. The Act of 1843 did not provide separate forms for occupation
voters in counties, those voters not being mostly called into existence until
1867, neither did the Representation of the People Act, 1867, provide any
Separate forms for them.
Mutatis mutandis, this and the remaining forms resemble those of
Schedule 3 in pari materić.
48 Vict. c. 15.
Schedule 2.
N.JR.—This list
(No. 1) does not
contain the
names of any
parliamentary
voters except
those entitled in
respect of a
household or £10
occupation quali-
fication, or of £50
rental qualifica-
tion reserved by
Section 10 of the
Representation of
the People Act,
1884.
200
PART II.--REGISTRATION OF ELIECTORS.
48 Vict, c. 15.
Schedulo 2.
Jorms for
Counties (000w-
pation. Voters).
Omit the words
betwoon crosses
if thoy aro not
applicable.
FortM (H,)
ForMs of NoTIGI of Cr,AIM in respect of the OCCUPATION
I'RANCITISI.
No. 1.—GINTRAL.
To the overseers of the parish ſº township] of -
I claim to have my name inserted in the list made by you of parlia-
mentary votors for the division of the] county of
in respect of the qualification named bolow [and to have my namo
omitted ſrom the corrupt and illegal practicos list],
Dated the day of 18 .

Name of Claimant
in full, Surnamo
being first,
Nature of
Description of
Qualification.
Place of Abode. Qualifying Property.
*—
(Signed) A.B.
No. 2.-LoDGTRs.
To the overseers of the parish ſor township] of . ſº
I claim to have my name insorted in the list of parliamentary votors
for the [ division of the] county of in rospect
of the qualification named below.


Description of Street, Lane, or Name and Address
Name of Claimant|Rooms occupied, othor Place, and |Amount of Landlord or
in full, Surname and whethor || Number (if any) of Rent | other Person to
being first. Furnished of House in which Paid. whom Rent
or not. Lodgings situate. is paid.
Stevons, John Two rooms, 51 Brick Street | 168. William John-
William. first floor, a week. son, 51 Brick
furnished, Street,
I hereby declare that I have during the twolvo calendar months imme-
diately procoding the fifteenth day of July in this year occupied as solo
tonant [or as joint tomant with l, and rosided in,
the above-mentioned lodgings, and that those lodgings are of a clear yearly
value, if let unſurmished, of ten [or twenty] pounds or upwards; and I
horoby declare that I am on the registor of parliamontary voters for the
Haid division [or county] in respect of the same lodgings as above men-
tioned, and I dosire to have my name inserted in the old lodgers list.f
Dated the day of 18 .
(Signed) A.B. (the Claimant).
I, the undorsigned, hereby doclaro that I have witnessed the above sig-
RIGISTRATION ACT, 1885–SCIIED. 2, County FonMs.
201
nature of the above-named claimant at the date stated above, and that I 48 Vict. c. 15.
bolicwo the above claim to be correct.
Dated the day of 18 .
(Signed) O.D., of
[state residence and calling of witness.]
Note.—If the claim is in respect of diſforont rooms successively occupied
as lodgings in the same house, the notice of claim must specify each room,
or Sct of rooms, 80 occupied.
If the claimant is on the register in respect of the same lodgings, and
desires to have his name inserted in the old lodgers list published on or
bofore the first day of August, he must send in his claim on or before the
twonty-fifth day of July.
In any other case he must Sond it in after the last day of July, and on
or before the twenticth day of August.
If there are two joint lodgers, the yearly value of the lodgings must be
twonty pounds or upwards.
[I]ditors' Note.] Seo Forms H., No. 1, and II., No. 2, in Schodule 3, and
as to lodgors, seo S. 4 of the Act of 1867, and ss. 22 and 23 of the Act of
1878; but in 1885 there will be no “Old Lodgers List” in counties.
Tom M (I.)
For M of NoTICE of OBJECTION in respect of the OCCUPATION FRANCIIISE.
No. 1.
NoTIOI of OBJECTION to be given to Overseers.
To the overseers of tho parish ſor township] of º
I hereby give you notico that I object to the name of
being retained on the list of parliamentary volors for the [
division of the] county of [and to the omission of
the said name from the corrupt and illegal practices list].
l)atcd the day of 18 .
(Signed) A.B. [place of abode]
on tho list of parliamentary voters for
the parish [or township] of
No. 2.
NoTIOI of OBJECTION to be given to PERSON objected to.
To Mr.
I hereby give you notico that I object to your name being retained on
the list of parliamentary votors for the [ division
of tho] county of [and to the omission of your name
from the corrupt and illegal practices list] on the following grounds,
V1/.. :- º
1. That, e.g., you have not occupied for twelve months to July 15th :
2. That you have been convicted [or reported guilty] of a corrupt practice:
* Pa
1)ated the day of 18 .
(Signed) A.B., of [place of abode, on the list
of parliamentary voters for the
parish [or township of *
Note:-The notice of objection in each of the above two cases, Nos. 1
and 2, should, iſ thore is more than bro list, specify the list to which the
objection refers; and if the list contains two or more persons of the same
namo, should distinguish the person intended to be objected to.
------------
Schedule 2.
202
PART II. REGISTRATION OF ELECTORS.
48 Vict. c. 15.
Schedule 2,
Jorms for
Counties (Occu-
pation Voters).
FoſtM (K.)
ForM of LIST of CIAIMANTH in respect of the OCCUPATION FRANCIIISE
to be published by the Overseers.
No. 1.-GINERAL, LIST of OCCUPIER CLAIMs.
The following persons claim to have their names inserted in the lists of
parliamentary voters for the [ division of the county of
in rospect of the occupation of property in this parish [or township] other
than lodgings.

Name of Claimant
in full, Surname
being first.
Description of
Qualifying Property.
Nature of
Place of Abode. Qualiſication.
(Signed) #}º of the parish [or
C.D.ſ township] of &
Note.—A copy of the claim must be entered in this form.
Any claim to be omitted from the corrupt and illegal practices list shall
be added to the foregoing list of claimants.
No. 2.-LIST OF LODGER CLAIMANT8.
The following persons claim as lodgers to have thoir names inserted in
the lists of parliamentary voters for the [ division of the]
county of º
Description of Street, Lane, or Name and
Name of Rooms other Place, and Address of
Claimant in occupied, and Number (if any) | Amount of Landlord or
full, Surname whether of House in Rent paid. other Person
being first. Furmished or which Lodgings to whom
not. are situate. Rent is paid.
(Signed) #!” of the parish [or
C.D.ſ township] of
Nole.--A copy of the claim must be entered in this form.
REGISTRATION ACT, 1885–SCIIED. 2, County FoſtMS. 203
------------------~~~~- - - - - - - --- ~ * * * * : * : * ~ * : **** *
: , , tº
FORM (L.) 48 Vict, c. 15.
For Ms of OBJECTION LISTs to be published by the Overseers, i.e., of LISTS Schedule 2.
of PERSONs objected to when on LIST of OCCUPATION WOTERS.
No. 1.-LIST of PERSONs on Occupiers List who have been objected to.
The following persons have been objected to as not being entitled to
have their names retained on the lists of parliamentary voters for the
division of the] county of , in respect of the
occupation of property in the parish [or township] of other
than lodgings.
Name of Person
objected to in full, Place of Abode Nºw Description of Quali-
Surname being * oº: ication fying Property.
first. & t

(Signed) #}º of the parish [or
C.D.ſ township] of e
Note.—In this form copy particulars from the list of voters.
Any objection to the omission of a person from the corrupt and illegal
practices list shall be added to the foregoing list.
No 2.-List of LODGERS objected to.
The following persons have been objected to as not being entitled to
have their names retained on the old lodgers list among the parliamentary
voters for the [ division of the county of
Name of Description of Street, Lane, or Name and
Person ob- Rooms occupied other Place, and Address of
jocted to in and whether” Number (if any) Landlord or
full, Surname Furnished of House in which other Person
iºn first or not Lodgings are to whom Rent
g tº t situate. is paid.

(Signed) A.B.UOverseers of the parish [or
C.D.ſ township] of º
204 PART II.—REGISTRATION OF ELECTORS.
48 Vict. c. 15. Note—This form applies only to lodgers on the old lodgers list who
Schedule 2. are objected to.
The list of lodgers so objected to should form a separate list from that
Forms for of other persons objected to.
Counties (0ccu- In this form copy particulars from the old lodgers list.
pation Voters).
ForM (M.)
DECLARATION for correcting misdescription in OCCUPIERS or OLD
LODGERS LIST.
I of in the parish of
in the [ division of the] county of , do solemnly,
and sincerely declare as follows:—
1. I am the person referred to in the list of (specifying the
particular list) made out for the parish [or township] of
by an entry as follows:–

Name as described Place of Abode asl, Nº. 9.9"º, Description of Quali-
in List. described in List. flatiºned fying Property.
Giles, John . High Street . Tenement . . Hill Farm, Green
Lane.
2. My correct name and place of abode and the correct particulars
respecting my qualification are, and ought to be, stated in the register
about to be made up of parliamentary voters for the [ division
of the county of , as follows:—

Correct Description
of Qualifying
Property.
Correct N Correct place of Correct nature of
Or 2.IIlê. Abode. Qualification.
Giles, Joseph. 15 High Street | Land and tene- Church Farm, Green
ment. Lane.
Dated this day of 18
(Signed)
Made and subscribed before
The person be- me this day
fore whom the of 18 ,
declaration is A. B.
made should Justice of the peace for o
&ll hi ffi & ] e - e
º Note.—In the case of a declaration by a person on the old lodgers list
this form must be adapted so as to suit that list.
[Editors' Note.] See s. 10 of the Act of 1865, p. 123, and s. 24 of the
Act of 1878, p. 151.
REGISTRATION ACT, 1885–SCHED. 2, County FoEMs.
205
FoRM (N.)
NOTICE of WITHDRAwal of OBJECTION.
No. 1.-NoTICE to the PERSON objected to.
To Mr.
I hereby give you notice that I withdraw my objection to your name
being retained on the list of
f so far as regards the ground of objection numbered
my notice to you of such objection.f
Dated the day of 18 .
(Signed)
in
No. 2.-NoTICE to the OVERSEERs.
To the Overseers of
I hereby give you notice that I withdraw my objection to the name
of
being retained on the list of
f so far as regards the ground of objection numbered
my notice to him of such objection.f
Dated the day of 18
(Signed)
[Editors' Note.] See s. 27 of the Act of 1878, p. 152.
FoRM (O.)
NOTICE REVIVING AN OBJECTION.
No. 1.-NoTICE to the PERSON objected to.
To Mr.
I hereby give you notice that I revive the objection which was made
y , since deceased, to your name being retained
on the list of
fso far as regards the ground of objection numbered
the notice to you of such objection.f
Dated the day of
(Signed)
in
18
No. 2.-NoTICE to the OVERSEERs.
To the Overseers of 3.
I hereby give you notice that I revive the objection which was made by
, since deceased, to the name of
being retained on the list of
t So far as regards the ground of objection numbered
the notice to the person objected to of such objectioni .
Dated the day of 18 .
(Signed)
[Editors' Note.] See s. 27 of the Act of 1878, p. 152.
[Editors' Note.] This schedule omits any form of “Notice of Selection in
case of duplicate entries” (see p. 168), but Form (P.) for boroughs (p. 235),
can be easily adapted. -
in
48 Vict. c. 15.
Schedule 2.
The list should
be referred to in
the manner pre-
Scribed for the
notice of objec-
tion.
Omit the words
between crosses
if the objection is
wholly with-
drawn.
The notice should
be signed in the
manner pre-
Scribed for the
notice of objec-
tion.
The list Should
be referred to in
the manner pre-
Scribed for the
notice of objec-
tion.
Omit the words
between crosses
if the objection is
wholly with-
drawn.
The notice should
be signed in the
manner pre-
Scribed for the
notice of objec-
tion.
The list should
be referred to in
the manner pre-
scribed for the
notice of objec-
tion.
Omit the words
between crosses
if the objection is
wholly revived.
The notice should
be signed in the
manner pre-
scribed for the
notice of objec-
tion.
The list should
be referred to in
the manner pre-
scribed for the
notice of objec-
tion.
Omit the words
between crosses
if the objection is
wholly revived.
The notice should
be signed in the
manner pre-
Scribed for the
Dotice of objec-
tion.
206 PART II.—REGISTRATION OF ELECTORS.
48 Vict. c. 15,
Schedule 3. THIRD SCHEDULE.
Forms for
Boroughs, INSTRUCTIONS AND FORMS FOR BOROUGHS.
INSTRUCTIONS TO Town CLERKs.
[Editors' Note.] As to obligation under Redistribution of Seats Act,
1885, to send “supplemental precepts,” see s. 19, Subs. 4, of that Act, p. 239.]
Section 18. 1. This precept is to be issued to the overseers of a parish or township—
(a.) where the parish or township is situate both in a municipal and
also in a parliamentary borough by the town clerk of the muni-
cipal borough ; and
(b.) where the parish or township is situate in a municipal borough,
wholly or partly comprised in the area of a parliamentary borough
which after the dissolution of the Parliament existing in January
one thousand eight hundred and eighty-five ceases to be a par-
liamentary borough, by the town clerk of such municipal
borough ; and
(c.) where a parish or township is situate in a parliamentary but not
in a municipal borough, then by the person acting under the
Parliamentary Registration Acts as town clerk of such parlia-
mentary borough.
2. Where a parish or township is situate partly within and partly
without the boundary of a parliamentary borough, or any such municipal
borough wholly or partly comprised in the area of a former parliamentary
borough as above mentioned, each such part of a parish is deemed to be a
separate parish for the purposes of these instructions and the following
forms; and the town clerk must add to his precept to the overseers of
such parish or township a note to the effect that his precept applies only
to that portion of the parish or township which is situate within the said
boundary, and that the lists of all the voters for that portion must be
made out separately, and that any reference in the precept to the parish
or township means only that portion of the parish or township which is
situate within the said boundary.
3. Where a parish or township is situate within a parliamentary, but
not within a municipal borough, the town clerk will omit from his precept,
and from the forms sent to the overseers of such parish or township, so
much as relates to burgesses; that is to say, in the precept paragraphs
two, eight, and fifteen, and so much of the heading and of paragraphs
twelve, fourteen, sixteen, twenty-two, twenty-seven, thirty, thirty-five
and thirty-six as is placed between asterisks.
If there is no corrupt and illegal practices list, the town clerk will omit
from the precept and Forms all parts relating to it.
In the year one thousand eight hundred and eighty-five, the town clerk
will inform the overseers that any corrupt and illegal practices list made
with reference to any voters disqualified by any Act passed during the
present session does not apply to burgess lists, and will omit so much of
the precept as relates to the old lodgers' list, and the forms relating to
that list, in every case where the parish was not, in one thousand eight
hundred and eighty-four, in a parliamentary borough.
Norf. This is 4. Where a parish or township is not situate within a parliamentary
to meet the borough, the town clerk must substitute in his precept for the expression
case of the “parliamentary borough the expression “[ division of the]
merged county of ,” and make the necessary consequential substitu-
boroughs. tion in the precept and forms of “division” or “county’ for “borough,”
REGISTRATION ACT, 1885––SCHED. 3, Borough ForMs.
207
and must make the alterations mentioned in the marginal notes to this 48 Vict. c. 15.
precept, and must add the following paragraphs (i. to v.):-
(i.) This precept does not apply to any person entitled to vote in respect
of the ownership of property whether of freehold, leasehold, or copyhold
tenul'C.
(ii) The expression “parliamentary voter,” besides the voters men-
tioned in paragraph one of this precept, includes a person entitled to be
registered as a voter in respect of a fifty pounds rental qualification.
(iii.) A person entitled to be registered as a voter in respect of a fifty
pounds rental qualification—
(a) must on the fifteenth day of July next be an occupier as tenant of
some land or tenement for which he is bond fide liable to a yearly
rent of not less than fifty pounds; and
(b.) must have occupied such land or tenement for the whole of
the twelve months immediately preceding the fifteenth day of
July next ; and
(c.) must have been registered as a voter in respect of the said occupa-
tion in the register of voters in force during the year one
thousand eight hundred and eighty-four.
(iv.) If two or more persons jointly are such occupiers as above men-
tioned, and the rent is such as to give fifty pounds or more for each
occupier, each such occupier, if he was registered in respect of the said
occupation as aforesaid in the year one thousand eight hundred and
eighty-four, is entitled to be registered as a voter.
(v.) A person entitled to be registered as a voter in respect of a fifty
pounds rental qualification must be entered in the list of voters in the
same manner as if he were entitled to a ten pounds occupation qualification,
and you must consider that the directions in this precept respecting that
qualification apply to a fifty pounds rental qualification.
The town clerk must send, with the precept, to the overseers copies of
the following forms in this schedule, namely,–
Form A.
Form B., No. 1, and if the parish is in a municipal borough, No. 2.
Form C., No. 1 and No. 2.
Form D., No. 1, or Form E., as the case requires,
Form D., No. 2, where the case requires it.
Form D., No. 3.
Form F., if required for the parish.
Form G., if the parish is in a municipal borough.
Form K., No. 2 and No. 3, and if the parish is in a municipal
borough, No. 1 and No. 4.
Form L., No. 2 and No. 3, and if the parish is in a municipal
borough, No. 1 and No. 4.
Also, if there is any corrupt or illegal practices list, a copy of that list.
6. In copying and printing for the parliamentary register the revised
lists of any parish or township in a parliamentary borough, such lists
may, and if and so far as the local authority, under the Parliamentary
and Municipal Registration Act, 1878, so direct, shall, be arranged accord-
ing to convenience for use in parts for polling districts or, if the parish is
Situate in a municipal borough, wards, and where the polling districts and
Wards do not coincide, then in such manner that the parts may be con-
Yeniently compiled or put together to serve either as lists for polling
districts or as ward lists; and where the list has been made out in
divisions, divisions one and two for the parliamentary register, and
divisions one and three for the burgess roll, may, and if and so far as the
local authority under the Parliamentary and Municipal Registration Act,
Schedule 3.
208
PART II.-REGISTRATION OF ELECTORS.
48 Vict. c. 15.
Schodule 3.
Porms for
Boroughs (In-
structions to
Town Clerks).
Omit part be-
tween asterisks
if no part of
parish is in a
municipal
borough.
1878, so direct, shall, be combined or kept separate according to con-
venience for use; and any arrangement may, and if and so far as the said
local authority so direct, shall, be adopted according to convenience, so
that one print or odition of division one may be available for both sets.
7. In a parliamentary borough each part of the parliamentary register
which corresponds with a polling district or ward shall be divided into
four lists— t
(a.) A list of voters in respoct of a ten pounds occupation or household
qualification;
b.) A list of lodgers;
§ A list of the frocmon º any) entitled to vote in the said polling
district or ward ; and
(d.) A list of persons having any rights of voting in the said polling
district or ward otherwise than as above mentioned.
8. Each entry for voting on the parliamentary register of every parlia-
mentary borough, and on the burgess roll of overy municipal borough, is,
savo as mentioned in paragraph nine, to be distinguished by a number,
either alone or in combination with such letter or distinguishing mark as
the local authority undor the Parliamentary and Municipal IRegistration
Act, 1878, from time to time fixes, and there shall be one series of numbers
for the whole of cach parliamentary borough, or if it is divided into
divisions for each division of such borough, and for the whole of each
municipal borough, or if it is divided into wards for each ward, save that
if the local authority so direct there may be a separate series of numbers
ſor cach polling district, whether parliamentary or municipal.
9. Any cntry of a person against which the rovising barristor has
placed a note to the offect that such person is not cntitled to vote in respect
of the qualification therein contained, he being on the list for voting in
respect of another qualification, is to be denoted by an asterisk, and no
number is to be preſixed to his name.
10. The officer having the custody of any revised list of voters in a
parliamentary borough or municipal borough under the Parliamentary
Registration Acts shall permit accCŞs thereto ſor the purpose of the same
being copicd for any public purposo relating to parliamentary registration
or the chrolment of burgesses.
FORM OF PRECEIPT OF TIIT TOWN CLERK TO THE
OVERSEERS.
IRIEGISTRATION OF TARLIAMENTARY WOTERS" AND DURGESSIES.”
Parliamentary borough) To the oversects of the poor of the parish
of [or township] of tº
* Municipal borough of *
to wit.
In pursuance of the provisions of the Acts of Parliament in that behalf
I require your attention to the following:—
INSTRUCTIONs.
Part I. of this precept informs you generally of the persons entitled to
be registered, and of the meaning of the cxpressions used in this precept,
and also as to the mode in which you are to make out and publish the
lists.
Part II. gives you, in order of time, the several matters which you are
required to do.
RE(;ISTRATION ACT, 1885–SøIIED. 3, 1301tought I'oRMS-PRECEPT.
2(){}
PART I.
GENERAL INSTRUCTIONs, ExprAINING THE PERSONS ENTITLED TO BE
Riº GISTICRED, THE MEANING or THE EXPRESSIONS USED, AND THE
MoDI of MAKING OUT AND PUBLISHING THE LIST8.
Definitions.
This precept relates to the registration of parliamentary voters for the
said parliamentary borough *and the enrolment of burgesses for the said
municipal borough.”
1. In this precept the expression “parliamentary voters” means persons
entitled to be registered as voters at parliamentary elections for the said
parliamentary borough or any division thereof in respect of
(a) a ten pounds occupation qualification as hereaſter defined in para-
graph ſour of this precept;
(b) a household qualification as horcaſter defined in paragraph five of
this precept ; or
(c) a lodger qualification as hereafter defined in paragraph six of this
brecept ; or
(d) any right reserved by sections thirty-one and thirty-three of the
Reform Act, 1832.
2. In this precept the expression “burgesses” means persons entitled to
be enrolled as burgesses under the Municipal Corporations Act, 1882.
3. Every parliamentary voter must be a man of full age, and not subject
to any legal incapacity, and must not at any time during the twelve
months immediately preceding the fifteenth day of July next have
received any parochial relief.
4. A person entitled to be registered as a parliamentary voter in respect
of a ten pounds occupation qualification—
(a) must f during the whole twelve months immediately preceding the
fifteenth day of July next have been an occupier as owner or
tenant of some land or tenement in your parish ſor township] of
the clear yearly value of not less than ten pounds; and
(b) must have resided in or within seven miles of the said parlia-
mentary borough during six months immediately preceding the
fifteenth day of July next ; and
(c) such person, or some one else must during the said twelve months
have been rated to all poor rates made in respect of such land
or tenement ; and
(d) all sums due in respect of the said land or tenement on account
of any poor rate made and allowed during the twelve months
immediately preceding the fifth day of January last, or on
account of any assessed taxes due before the fifth day of January
last, must have been paid on or before the twentieth day of
July next.
If two or more persons jointly are such occupiers as above mentioned,
and the value of the land or tenement is such as to give ten pounds or
more for each occupier, teach of such occupiers is entitled to be registered
as a voter.f
If a person has occupied in the said parliamentary borough different
lands of tenements of the requisite value in immediate succession during
the said twelve months, he is entitled in respect of the occupation thereof
to be registered as a votor in the parish [on township] in which the last
occupied land or tenement is situate.
P
48 Vict. c. 15.
Schedule 3.
Parliamentary
Voters.
Omit (d) where
any yeserved
right does not
exist.
Burgesses.
General quali-
fication.
Ten pounds
occupation
qualification.
f If parish is
not in a parlia-
mentary bo-
rough, after
“must * insert
“on the fif-
teenth day of
July next be,
and ”.
If parish is not
in a parliamen-
tary borough
omit (b).
In a parish in
the City of
London sub-
stitute twenty-
five for seven
miles.
If the parish is
not in a parlia-
mentary borough,
Substitute for the
part between
CrOSSes “t WO of
such occupiers are
entitled to be re-
gistered as voters,
but no more are
So entitled unless
they derived the
property by de-
Scent, succession,
narriage, mar-
riage settlement,
or devise, or un-
less they are boná
fide engaged as
partners carrying
on trade or busi-
ness thereon, in
any of which cases
all may be regis-
tered, if the value
is sufficient to
give ten pounds
for each occup-
pier.”
210
PART II.—REGISTRATION OF ELECTORS.
48 Vict. c. 15,
Schedule 3.
Forms for
Boroughs
(1’recept).
Household
qualification.
Lodger
qualification.
Reserved
rights.
f Omit part
between crosses
except in coun-
ties of cities or
towns where
these rights
exist, and omit
par. 7 where
no reserved
rights exist.
Burgesses.
5. A person entitled to be registered as a parliamentary voter in respect
of a household qualification—
(a) must on the fifteenth day of July next be and for the whole of
the twelve months immediately preceding that day (except the
time (if any) not exceeding four months during which he has
permitted the house to be occupied as a furnished house), have
been an inhabitant occupier of some dwelling-house in your
parish [or township], or of some part of a house separately
occupied as a dwelling ; and
(b) such person or some one else must during those twelve months have
been rated to all poor rates made in respect of the said dwelling-
house; and
(c) all sums due in respect of the said dwelling-house on account of
any poor rate made and allowed during the twelve months
immediately preceding the fifth day of January last must have
been paid on or before the twentieth day of July next.
If two or more persons are joint occupiers of a dwelling-house, no one
of them is entitled to be registered as a voter in respect of a household
Qualification in respect thereof, though if the value is sufficient, one or
more of them may be so entitled under paragraph four above.
If a person has occupied different dwelling-houses in the said parlia-
mentary borough in immediate succession during the said twelve months,
he is entitled in respect of the occupation thereof to be registered as a
voter in the parish [or township] in which the last occupied dwelling-
house is situate.
If a person inhabits a dwelling-house by virtue of any office, service,
Or employment, and the dwelling-house is not inhabited by any person
under whom such man serves in such office, service, or employment, he is
considered to be an inhabitant occupier of that dwelling-house.
6. A person entitled to be registered as a parliamentary voter in
respect of a lodger qualification—
(a) must have claimed to be registered; and
(b) must have occupied separately as a lodger for the whole twelve
months immediately preceding the fifteenth day of July next
lodgings, being part of one and the same dwelling-house in your
parish [or township], and being of a clear yearly value, if let
unfurnished, of ten pounds or upwards; and -
(c) must have resided in such lodgings during the said twelve
months. -
If two or more persons are joint lodgers, and the value of the lodgings
is such as to give ten pounds or more for each lodger, two of such persons,
but no more, are entitled to be registered as voters.
If a person has occupied different lodgings of the requisite value in the
Same house, in immediate succession, he is entitled to be registered as a
Voter in respect of the occupation thereof. -
7. A person entitled to be registered as a voter in respect of any right
reserved by sections thirty-one and thirty-three of the Reform Act, 1832,
must teither— -
(a) be a freeholder or burgage tenant; or, f
(b) be possessed of a right to vote, possessed by him on the seventh
day of June one thousand eight hundred and thirty-two.
8. A person entitled to be enrolled as a burgess may be a man or
woman, but must be of full age and not subject to any legal incapacity,
and must not at any time within the twelve months next before the
fifteenth day of July next have received any parochial relief; and—
(a) must during the whole of the twelve months immediately preceding
REGISTRATION ACT, 1885–SchED. 3, Borough ForMs.
211
the fifteenth day of July next have been an occupier of a house,
warehouse, counting-house, shop, or other building in your
parish ſor township]; and
(b) have resided during those twelve months in the said municipal
borough or within seven miles thereof; and
(c) such person or some one else must during the said twelve months
have been rated to all poor rates made in respect of the qualifying
property; and
(d) all sums due in respect of the qualifying property, on account
of any poor rate made and allowed, or any borough rate made
during the twelve months immediately preceding the fifth day
of January last, must have been paid on or before the twentieth
day of July next.
A person is entitled to be enrolled as a burgess notwithstanding that he
has permitted his dwelling-house to be occupied as a furnished house for
a time not exceeding four months, and during that time has not resided
as above-mentioned.
If two or more persons are joint occupiers, each such occupier is entitled
to be enrolled as a burgess.
If a person has occupied in immediate succession during the said twelve
months different premises in the municipal borough which would qualify
him for enrolment as a burgess, he is entitled, in respect of the Occupation
thereof, to be enrolled as a burgess in the parish [or township] in which
the last occupied premises are situate.
A person who is entitled to be enrolled as a burgess in all respects
except that of residence, and is resident beyond seven miles, but within
fiſteen miles, of the said municipal borough, is entitled to be on the list of
persons entitled to be elected councillors or aldermen though not entitled
to be on the burgess roll.
Mode of making out Lists.
9. Each list and, where the list is made out in divisions, each division
of each list must be made out in alphabetical Order.
If your parish [or township] is divided into, or forms part of, more than
one polling district or ward, you must make out a list for each part
which is in a separate polling district or separate ward as if it were a
separate parish.
10. In making out the lists you are to state the surname and other
name or names of each person at full length, the surname being placed
first.
11. The place of abode should be entered with the name (if any) of the
street, lane, or other locality, and the number (if any) in such street, lane,
or other locality, and such entry should be made in all cases in such
a manner as will afford a full and sufficient address for a person entered
if a letter is addressed to him by post.
12. The nature of the qualification should be entered as nearly as
possible in accordance with the words of the statute conferring the
franchise; for instance:— vº.
(a.) The nature of the ten pounds occupation qualification of a person
should be stated thus:–“ tenement " or “land,” or “land and
tenement,” or in the case of a joint occupation “tenement
(joint),” or “land (joint),” or in the case of a successive occu-
pation “tenement (successive)” or “land (successive).”
(b.) Where a parish is situate in a municipal borough and the ten
pounds qualification is also a qualification for a burgess, the
48 Vict. c. 15.
Schedule 3.
NOTE.—If the
local authority
has given any
special directions
as to the mode of
making out the
list according to
streets or other-
wise, the town
clerk or other
officer issuing the
precepts must
modify para-
graph (9) accord-
ingly.
Entry of names.
Entry of nature
of qualification.
P 2
212
PART II.—REGISTRATION OF ELISCTORS.
48 Vict. c. 15.
Schedule 3.
Forms for
Boroughs.
(1 recept).
Entry of quali-
fying pro-
berty.
General quali-
fications.
Divisions of
list.
Omission of
dead and dis-
qualified,
nature of the qualification should be stated by a description
of the tenement thus:–“ house,” “shop,” “warehouse,” or
“building,” or “chambers,” or as the case may be, or in the
case of a joint occupation “house (joint),” “shop (joint),”
“warehouse (joint),” or as the case may be, or in the case of
a successive occupation “shop (successive),” or as the case
may be. -
(c) The nature of a household qualification should be stated thus,
“dwelling-house,” or in the case of successive occupation “dwell-
ing-house (successive).”
(d.) *The nature of a qualification for a burgess only should be stated
thus, “house,” “warehouse,” “counting-house,” “chambers,”
or as the case may be, with the addition of “joint,” or “succes-
sive * if necessary.”
Where the same property constitutes both a ten pounds occu-
pation qualification and a household qualification, the nature
of the qualification should be entered as “dwelling-house,” and
that statement will suffice although the property also qualifies
for a burgess.”
If the description indicates the nature of the qualification, as,
for instance, if a ten pounds occupation qualification consists of
a house and is entered as a dwelling-house, such description will
be sufficient.
Any description of the nature of the qualification further than
that above mentioned is superfluous and should not be given.
13. The description of any qualifying property should specify the name
and situation of that property, and for that purpose should either state the
name (if any) of the street, lane, or other locality, and the number (if
any) in such street, lane, or other locality of such property, or the name
of the occupying tenant, and the description of the qualifying property
should in all cases be such as will afford full and sufficient means of
identifying such property. -
14. Where several qualifications are possessed by the same person, the
particulars respecting each qualification should be stated in the list ; *and
in the case of a list made out in divisions, where a person is entered in
division one in respect of one qualification for parliamentary purposes, and
in respect of another qualification for municipal purposes, each such quali-
fication should be distinguished in the list by a note to the effect that the
qualification is for parliamentary purposes only, or for municipal purposes
only, as the case may be.”
15. If your parish [or township] is situate in a municipal borough the
occupiers list (mentioned hereafter in paragraph thirty sub-paragraph (a))
is to be made out in three divisions: d
Division one is to comprise the names of the persons entitled both to be
registered as parliamentary voters in respect of a ten pounds occupa-
tion or household qualification, and to be enrolled as burgesses.
Division two is to comprise the names of the persons entitled to be
registered as parliamentary voters in respect of a ten pounds occupa-
tion or household qualification, but not to be enrolled as burgesses.
Division three is to comprise the names of the persons entitled to be
enrolled as burgesses, but not to be registered as parliamentary voters
in respect of a ten pounds occupation or household qualification.
16. You should omit from any list of parliamentary voters (other than the
old lodgers list) *and from any list of burgesses” the name of any person—
(a) whom from the returns furnished by the registrar of births and
deaths, or from your own knowledge; or -
REGISTRATION ACT, 1885—SCIIED. 3, BOROUGH FoſtMs.
213
(b) who is not qualified by reason of the nonpayment of rates; or
(c) who is disqualified by reason of having received parochial relief; or
(d) fwhose name is entered in the corrupt and illegal practices list.f
17. In making out the old lodgers list (mentioned hereafter in para-
graph thirty, sub-paragraph (c)), if you have reason to believe that any
person whose name is entered on that list is dead, or is not entitled to be
registered, you should make a note to that effect in the margin of the list.
18. The registrars of births and deaths are required to send to you,
periodically, returns of the names and residences of all male persons of
full age dying within your parish [or township], and you must examine
those returns to see whether any person who otherwise would appear
in the list of voters is dead, and you are to pay the registrars, as part
of your expenses connected with registration, a fee of twopence for each
return, and a further fee of twopence for every death entered in such
returns.
- JPublication and Inspection.
19. The manner in which you are required to publish the notices, lists,
and documents directed by this precept to be published is as follows; that
is to say—
You are to fix a copy of such notice, list, or document (each copy being
first signed by you)—
(a) on or near the outside of the outer door or of the outer wall near
the door of every church and public chapel in your parish [or
township], including chapels which do not belong to the Estab-
lished Church; and
(b) also, having first obtained the authority of the local postmaster, or
if he refuses, of the Postmaster-General, in some public and
conspicuous position in or near every post office and telegraph
office occupied by or on behalf of the Postmaster-General; and
(c) also in or near every public or municipal or parochial office in your
parish [or township]; or
(d) if there is no such church, chapel, or office, then in some public or
conspicuous situation in your parish [or township].
20. Everything so published must remain there during a period in-
cluding two consecutive Sundays at least next after the first day of
publication, and if you find any notice, list, or other document published
by you in pursuance of this precept to be destroyed, mutilated, defaced, or
removed, you are forthwith to place another to the same effect in its place.
21. Where this precept directs you during any period to allow any copy
of a portion of a register, list, notice, or other document to be open to
public inspection, and to deliver copies thereof, you will permit such copy,
list, notice, or document to be perused by every person desirous of perusing
if, at any time between the hours of ten of the clock in the forenoon and
four of the clock in the afternoon of any day, except Sunday, during the
said period, without payment or demand of any fee; and you are also to
deliver a written or printed copy of it, signed by you, to every person
applying for the same during the said period, on payment of a price for
such copy after the following rate:—
For any list or copy of a list containing any number of persons' names—
S. d.
Not exceeding 100 names . . . . . . . . 0 6
Exceeding 100 and not exceeding 200 . . . . 1 0
Exceeding 200 and mot exceeding 300 . . . . 1 6
Exceeding 300 and not exceeding 400 . . . . 2 0
4) (;
Exceeding 400 º º © º * º t ſº º ſº º •-
48 Vict, c. 15.
Schedule 3.
Omit (d) where
there is no cor-
rupt and illegal
practices list.
Objection in old
lodgers list.
Registrars re-
turns of deaths.
Publication of
lists, &c.
Inspection and
delivery of
copies.
214 I?AIR'I' II.-IRIEGISTRATION OF ELIECTORS.
48 Vict, c. 15, 22. You must allow any person who is registered as a parliamentary
Schedule 3, voter in the said parliamentary borough, "or enrolled as a burgess in the
— said municipal borough,” to inspect at all reasonable times, free of
J’orms for charge,
ſłoroughs (a) the books containing the poor rates made for your parish [or
(1’recept). township] within the last two years, and to make a copy of, or
take an extract from, such books, and
(b) the returns of death sent to you by the registrars of births and
deaths.
IPART II.
THINGS TO LE DOND, IN ORDER OF DATE.
Nolices and Inquiries.
April and May. 23. In the months of April and May, or one of them, you are to inquire
[In 1855 pars. or ascertain with respect to all property in your parish [or township]
23–25 mily be which comprises any dwelling-house (including under the term any part
omitted.] of a house separately occupied as a dwelling), whether any man, other
than the owner or other person rated or liable to be rated in respect of
such property, is entitled to be registered as a voter in respect of a house-
hold qualification by reason of his being an inhabitant occupier of such
dwelling-house, and you are to enter in the rate-book, in a separate
column added for the purpose, the name of every man so entitled and the
situation or description of the dwelling-house in respect of which he is
entitled.
If any property, whether by reason of belonging to the Crown or other-
wise, is not rated, you must act under this paragraph in the same manner
as if it were rated.
24. I'or the purpose of your inquiry you are at liberty to servo on any
person who is the occupier, or rated or liable to be rated in respect of any
property, or on Some agent of such person concerned in the management
of such property, a requisition according to the Form (A.) among the forms
sent herowith. You may serve the roquisition by giving it to the person
by whom it is to be observed, or by leaving it at his last or usual place
of abode, or with some person on the property, and in case no such person
can bo found, then by aſfixing the requisition in some conspicuous part
of the property; and where the property is occupied by a company or
other body of persons, you may serve the requisition on the secretary or
agent of the company or body of persons, and if the proporty belongs to
the Crown or is not rated, you may scrve it on the chief local officer
having the superintondence or control of the property. A person who
fails to comply with the requisition is liable on summary conviction to a
penalty of ſorty shillings. l
25. In making the inquiries directed by the two last paragraphs you
will obscrve the following directions:—
(a.) if you know that any man who is not rated has inhabited a
dwelling-house since the fiſteenth day of July last you should
ontor the namo of that man in the rate book as mentioned in
paragraph twenty-three of this precept, without serving any
requisition on the occupier or other person rated.
(b.) You should not serve the requisition on the occupier or owner of
any property, unloss you have reasonable ground to beliove that
there is some inhabitant occupier of such property, who is
entitled to vote, besides the person on whom the requisition is
served.
REGISTRATION ACT, 1885–SCIIED. 3, Borougil Toºms.
215
26. On or before the twentieth day of June next you are to publish in
manner directed by paragraph nineteen of this precept a notice [or notices]
signed by you according to the I'orm (B.) among the printed forms sent
herewith.
27. Where any sum on account of a poor rate made and allowed during
the twelve months next before the fifth day of January last is on the first
day of June next due in respect of any property in your parish [or town-
ship] capable of conſerring the franchise in respect of a ten pounds occu-
pation or household qualification for the said parliamentary borough *or
the franchise for the said municipal borough,” you are on or before the
twentieth day of June next to give to every occupier of that property a
notice (in the l'orm (C.) No. 1, sent herewith), by delivering it to such
occupier, or leaving it at his last or usual place of abode, or with some
person on the property in respect of which the rate is payable, and in case
no such person can be found, then by aflixing the notice upon some Con-
spicuous part of such property.
You need not give this notice if the rate has been previously duly
demanded of such occupier by a demand note served in the like manner
as the last-mentioned notice, but you must serve the notice on every
occupier of that property who will, if the rate is paid, be entitled to be
registered as a voter in respect of the occupation thereof.
28. If the sum due on account of poor rate as above mentioned in
respect of any property is not paid on or before the twentieth day of July
next, all occupiers of that property are disqualified from being entered in
any list of occupation voters; and on or before the twenty-second day of
July next you are to make out (in the Form (C.) No. 2, sent herewith)
a list containing the name of every person so disqualified ; and you are to
keep that list, and during the first fourteen days after the said twenty-
second day of July are to allow it to be open to public inspection, and to
deliver copies thereof in accordance with paragraph 21 of this precept.
29. On or before the last day of July next you are to ascertain from the
relieving officer acting for your parish [or township] the names of all
persons who are disqualified from being inserted in the lists of voters for
your parish [or township] by reason of having received parochial relief,
and the relieving officer upon your application is bound to produce to you
at such place in your parish [or township] and at such times as are
required by you the books in his possession containing the names of such
l)Crsons.
Lists of Voters.
30. On or before the last day of July next you are to make out in
manner directed by paragraphs mine to seventeen of this precept the follow-
ing lists of voters:—
(v.) The occupiers list, that is to say, a list (in the Form (D.) [or (E.)]
No. 1 sent herowith) of all persons who by reason of the occu-
pation of property situate wholly or partly within your parish
[or township] are entitled to be registered as parliamentary
voters in respect of a ten pounds occupation or a household
qualification as deſincá in paragraphs four and five of this pre-
cept *or to be enrolled as burgesses of the said municipal
borough.”
(b) The reserved rights list, that is to say, a list (in the Form (D.)
48 Vict. c. 15.
Schedule 3.
20th June.
20th June.
When a bo-
rough rate is
levied as a
separate rate
and not as part
of the poor
rate, the pre-
cept should be
altered accord-
ingly so as to
contain a
reference to the
borough rate.
22nd July.
31st July.
31st July.
If parish is not
No. 2, sent herowith) of all persons who are entitled within in a parliamen-
your parish [or township] to be registered as parliamentary tary borough
Voters in respect of any right reserved by section thirty-one or
thirty-three of the Reſorm Act, 1832.
existing before
1832 omit (b).
216
PART II.-REGISTRATION OF ELICTORS.
48 Vict, c. 15.
* -- ~~...~~~ +z-- ...:
Schedule 3.
In 1886 iſ the
parish was not in
1884 in a parlia-
montºry borough
omit º and if
the parlsh was in
1884 in a parlia-
mentary borough
since merged in
the county, Hub-
stltuto “purlia-
mentary borough
()'ſ ” for
“the Aa'd par-
llamentary
borough,”
‘l Puragraph (e)
18 to bo Hønt in
lieu of º (b),
and (g) where the
º 18 situato
In a municipal,
but not in a par-
liamentary bo-
Yough and was
mol, included in a
parliamentary
borough merged
in the county by
the Redistribu-
tion of Seats Act,
1885,
1st August,
If thero is no
corrupt and il-
legal practices
list, the para-
graph relating
to it must be
omitted.
If parish is not
in a parliamen-
tary borough,
omit para-
graph as to
assessed taxes,
25th August,
f Omit (f) iſ
there is no cor-
rupt and illegal
practices list.
s-ºrt - sº º ºxº~~4:- *-***-*-a-
(c.) The old lodgers list, that is to say, a list (in the Form (D.) No. 3,
sent herewith), of all persons who being on the register of voters
now in force for the said parliamentary borough in respect of
residence in lodgings within your parish [or township] have, on
or before the twenty-fifth day of July next, given or caused to
be given to you or any one of you claims to have their names
inserted in the lists of parliamentary voters in respect of resi-
dence in the same lodgings. -
(d.) "A list (in the Form (G.) sent herewith) of all persons who are
entitled, in respect of the occupation of property within your
parish [or township], to be elected councillors or aldermen of the
said municipal borough, but are not entitled to be on the burgess
roll thereof. - -
f(e.) The burgess list, that is to say, a list, in the T'orm (F) sent here-
with, of all persons who by reason of the occupation of property
situate wholly or partly within your parish [or township] are
entitled to be enrolled as burgesses for the Said municipal
borough. * -
31. On or before the first day of August next you are to sign the above-
mentioned lists, and to cause a sufficient number of copies of such lists
to be written or printed, and to publish the lists Higned by you in your
parish [or township] in manner directod by paragraph nineteen of this
procopt.
32. You are also to publish at the same time and in the same manner
the corrupt and illegal practices list which is sent here with.
33. You are also to keep a written or printed copy of each of the above
lists, and during the first fourtoon days after the publication of them are
to allow them to be open to public inspection, and to deliver copies thereof
in accordance with paragraph twenty-one of this precept.
34. You are also to keep the list of defaulters in the payment of assessed
taxes sent to you by the collector of taxes, and allow it during the first
fourteen days after the first publication of the lists of voters to be open
for public inspection in manner directed by paragraph twenty-one of
this precept. .
-- ~ --> *-º-º-º-º-º-º:----et-ºr--- *. - r: *** *rºw- ºr: *** - ºv.zº-e. <r.: “...r-x.”.” ºr tº ---. --. -------.”.” ~ *
Claims and Objections.
35. On or before the twenty-fifth day of August next you are to make
out (in accordance with paragraphs nine to seventeen of this precept, and
according to the Form (K.) sent herewith) claim lists, that is to say, lists
containing the name of evory person who has given or caused to be given
to you, or any one of you, on or before the twentieth day of August next,
notice of his claim to have his name inserted in any list of voters for your
parish [or township], making separate lists of -
"(a) persons claiming to have their names insorted both among the
Oarliamentary voters for the said parliamentary borough and the
urgosses for the said municipal borough;”
(b.) persons claiming to be inserted in a list of parliamentary voters*
only," but otherwise than as freemen or lsº
(c.) persons claiming to be inserted in a list of parliamentary voters as
lodgers, but not comprised in the old lodgers list;
º persons claiming to be inserted in the list of burgesses only;
3.) persons claiming to be entered in the list of persons entitled to be
elected councillors or aldermen but not entitled to be on the
burgess roll; *fand - -
(/) rº claiming to be omitted from the corrupt and illegal practices
ist. -
RIC(IISTRATION ACT, 1885--Soiſſºl). 3, 130Rouq II I'oſ-Ms.
217
-------------- ~~~~ * *---
36. On or before the twenty-fifth day of August next you are also to
make out (in accordance with paragraphs nine to seventeen of this precept,
and according to the I'orm (L.) Sent here with) objection lists, that is to say,
lists containing the name of every person against whom a notice of objec-
tion has been given to you, or any of you, on or before the twenticth day
of August next, as not being cntitled to have his name retained in a list of
voters for your parish [or township], giving in Separate lists the objections
made to—
(a) any person who is on the occupicrs list” both as a parliamentary
voter and a burgess;"
(b) any person who is" on the occupiers list as a parliamentary voter
only, or is" on the reserved rights list;
(c) any person on the old lodgers list;
*(d) any person on any list as a burgess only ;
(e) any person on the said list of persons entitled to be clected council-
lors or aldermen;”f and
(f) any person on the ground that he is omitted from the corrupt and
illegal practices list.f
37. On or before the twenty-fifth day of August next you are to sign
cach of the claim and objection lists, and to publish it in the manner
directed by paragraph nineteen of this precept.
38, You are to keep a copy of each of the claim and objection lists
signed by you, and during the fourteen days next aſter the twenty-fifth
day of August are to allow such copies and also the original notices of
claims and objections to be open to public inspection, and to deliver copies
thereof in accordance with paragraph twenty-one of this precept.
39. On or before the twenty-fifth day of August next you are to deliver
to me [and to the clerk of the peace of the county]—
(a) two copies of the occupiers reserved rights and old lodgers lists;
and
(b) a copy of each of the claim and objection lists so made out and
signed by you as a ſorosaid.
40. You are to attend the court to be holden by the revising barrister
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.
41. You are at such court to deliver to the barrister holding it the
following documents:—
(a) the several lists made out and signed by you;
§ the original notices of claims and of objections given to you ; and
c) 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
fifth day of January in last year and the ſiſteenth day of July next.
If you fail to comply with this precept you will be liable to the penalties
in that case provided.
Dated the day of 18 .
(Signed) A. B.,
Town clerk of the municipal borough
of º
[Editors' Note.] This form by virtue of s. 18 of this Act, p. 176, replaces
tho form of procept firstly proscribed by s. 10 of the Act of 1843, p. 79, and
50condly by S. 8 of the Act of 1878, differing from the superseded form in
being far more lengthy and olaborate.
A8 to obligation to send “supplemental precepts” under Redistribution
Act, 1885, see s, 10, subs, 4, of that Act, p. 262,
48 Vict. c. 15.
Schedule 3.
25th August.
Omit, “ or is on
the reserved
rights list,”
where no re-
served rights
exist.
+ Omit (f) if
there is no cor-
rupt and illegal
practices list.
25th August.
25th August.
Add part in
brackets if the
parish is not in
a parliamen-
tary borough.
Omit “reserved
rights,” where
no reserved
rights exist.
If the officer
issuing the pre-
cept is not the
town clerk of
a municipal
borough, he
should append
to his signature
his proper offi-
cialdescription.
218 I?AIRT II.—IREGISTRATION OF ELIECTORS.
48 Vict. c. 15.
* - GENERAL FORMS.
Schedule 3.
-- .-- " -- -- - . . . . . ToBM (A.)
Jorms for - * *
J}oroughs. PortM or REQUISITION by OvIERSEERs requiring NAMEs of
---------ms-s-mºme INIIABITANT OCCUPIERS.
To E.F.
You are hereby required to fill up accurately the under-written form.
If this form is not returned to us [or mol, accurately filled up, within
twenty-one days after the service hereof, you will be liable under the
Representation of the l’eople Act, 1884, to a penalty not exceeding forty
shillings.
Dated this day of 18
O.D.
Oversecrs [or assistant overscer] for the parish [or township] of
I'orm of Ireturn.
1. 2. 3.
Property in respect Situation or Description Surname and other Name of
of which the Person of every Dwelling-house, every Man who was on the
making the Return as deſimed by the Repre- fifteenth day of July last, and
is rated [or sentation of the People has been up to the date of the
liable to be rated, Acts, forming part of the Return, an Inhabitant Occupier
or occupier]. Property in First Column. of any Dwelling-house in the
Second Column.
I declare that the above is a true and complete return.
(Signed) E.I.".
18
Dated tho day of
Note.—The description of the property in the first column should be a
copy from the rate book, and should be filled in by the overseers, and if it
is a house numbered in a street should specify the street and number.
Such of the following instructions as are suitable should be annexed to
the form, with such alterations, if any, as the overseers think necessary
for adapting them to the circumstances of the parish or of the property to
which the notice refers.
INSTRUCTIONS for filling up ForM.
Instructions where property consists of several buildings ; for instance,
cottages let by the owner.
In second column insert “cottage in Lane,” or otherwise
describe its locality. -
IREGISTRATION ACT, 1885–SCHED. 3, BOROUGH FoRM8.
219
In the third column insert, opposite to the description of the cottage in
the second column, the name of the man who now inhabits it, and has
inhabited it since the fifteenth day of July last.
If it has not been so inhabited, state so, or omit the cottage from the
second column.
The head of the family alone is considered to be the occupier.
Instructions in case of what is commonly called the Service Franchise.
The dwelling-house in the second column may be either—
a.) A separate house—for example, a schoolmaster's house; or
§ A part of a dwelling-house separately occupied as a dwelling—for
example, a room or rooms over a stable, or caretaker's rooms in
an office.
If it is a separate house, insert in the second column “house in
Road,” or otherwise describe its locality.
If it is a part of a dwelling-house, insert in the second column “rooms
over stable,” “basement of office,” “rooms over shop,” or otherwise specify
the locality of the room or rooms.
In the third column insert, opposite to the description of the dwelling-
house in the second column, the name of the man who now inhabits it,
and has inhabited it since the fifteenth day of July last.
Iſ it has not been so inhabited, state so, or omit the dwelling-house
from the second column.
In filling up the return it must be recollected that, under the Represen-
tation of the l’eople Acts—
(a.) In the case of a man who inhabits by reason of any office, service,
or employment, if the same house is inhabited by any person
under whom such man serves in his office, service, or employ-
ment, such man is not considered a separate inhabitant occupier:
for example, a butler occupying rooms in his master's house is
not such an occupier, although if he occupied rooms over a
detached building, such as a laundry, he might be such an
occupier:
(b.) The head of the family alone is considered to be the occupier.
Instructions in the case of a house let in Separate tenements.
The dwelling-house in the second column may be any room or rooms in
the house which are separately occupied as a dwelling.
Insert in the second column the position of the room or rooms occupied ;
for example, “first floor, front room.”
In the third column insert, opposite to the description of the room or
rooms in the second column, the name of the man who now inhabits it or
them, and has so inhabited since the fifteenth day of July last.
If any room or rooms have not been so inhabited, state so, or omit the
T00m or rooms from the second column.
In filling up the return, it must be recollected that, under the Represen-
tation of the People Acts,
(t.) A man who occupies separately any room or rooms in a house must
be entered, although he is entitled to the joint use of some other
part of the house ; for example, a man occupying separately the
first floor front rooms, and having joint use of a wash-house, must
be entered :
(h) The head of the family alone is considered to be the occupier.
If the landlord of a house let out in separate tenements lives in the
48 Vict. c. 15,
schedule 3.
220 r PART II.--RE(#ISTRATION OF ELECTORS.
48 Vict, c. 15, house, he must not return the names of the occupiers of tenements in that
house.
So 3. wº º
schedule 8. [I'ditors' Note.] This form (which is not intended to be sent in 1885, Bee
Jorms for pnis. 23–5 of thei’recept, p.214) replaces the form in Schedule 3 of the Repre-
J}oroughs. Sontation of the People Act, 1884, p. 70, proscribed by S. 9 of that Act, p. 64.
The note at the foot of the form and the elaborate “Instructions” wro new.
Foun (B.)
No. 1.
NoTICE as to RATES to be published by the OVERSEERs.
(PARLIAMENTARY.)
Parliamentary borough [or [ We hereby give notice that
division of the county] of 2 no person will be entitled
to wit, to have his mame inserted
in any list of parliamentary voters for the said parliamentary borough [or
division or county], now about to be made in respect of the occupation
as a ten pounds occupier or inhabitant occupier of any premises situate
wholly or partly within this parish [or township], unless all sums which
have become due in respect of those premises on account of any poor
rate made and allowed during the twelve calendar months next preceding
the fifth day of January last past have been duly paid on or before the
* If the parish twentieth day of July next ; * or to have his name inserted in any such
is not in a list in respect of the occupation as a ten pounds occupier of any premises
parliamentary situate as aforesaid, unless he pays on or before the twentieth day of
*g, * July next all assessed taxes which have become due from him in respect
º * of those premises previously to the fifth day of January last past.”
asterisks l)atcd the day of June, 18 .
º (Signed) A.B.U. Overseers of the parish, [or town-
C.D.ſ ship] of º
[I]ditors' Note.] This form, and Form No. 2, infra, replace Form B. in the
schedulo to the Act of 1878. This notice is directed to be published by
s, 11 of the Act of 1848, p. 79.
No. 2.
NOTICE as to RATIOS to be published by the OVERSEIGRs.
(MUNICIPAL.)
|
Municipal borough of --
person will be entitled to have
to wit. his name inserted in any list
of burgesses of the said municipal borough now about to be made in
respect of the occupatiou of any premises situate wholly or partly within
this parish [or township], unless all poor rates and borough rates (if any)
which have become due in respect of those premises on account of a
poor rate made and allowed or a borough rate made during the twelve
calendar months next preceding the fiſth day of January last past have
been duly paid on or before the twentieth day of July next.
| We hereby give notice that no
7
Dated the day of June, 18 .
(Signed) A.B.U. Overseers of the parish [or
C.J.), ſ township] of ©
Note—Where a parish is situate within both a parliamentary borough
and a municipal borough, both the above notices must be issued,
REGISTRATION ACT, 1885–SCII Ep. 3, Boitouſ(iſſ Fon M3.
221
I'olt M. (C.)
No. 1.
NoTICE as to RATI's to be served by OvIRSEERs.
To 4, 13.
Parliamentary borough ſor [
* Municipal borough of *
Take notice that you will not be entitled to have your name inserted in
the list of parliamentary voters for the said borough [or division o
county]* or in the burgess lists for the municipal borough of e
now about to be made in respect of the occupation as a ten pounds
occupier or inhabitant occupier of the premises in your occupation in
[slreet or place], unless on or before the twentieth day of July next all
sums due in respect of those premises on account of any poor rate made
and allowed * or borough rate made * during the twelve calendar months
next preceding the fifth day of January last, amounting to £
duly paid.
Dated the
1878.
day of June, 18
(Signed)
People Act, 1867, p. 126.
For M of LIST of NAMEs of PERSONs disqualifical for being registered in
respect of a ten pounds occupation or household qualification by non-
No. 2.
C.D.) Overseers of the parish [or
township] of º
[Editors' Note.] This form replaces Form C, in the schedule to the Act of
The notice is directed to be sent by s. 28 of the Representation of the
J.I.'ſ
division of the county] of
payment of the rates due in respect of the premises named herein.
7"
xit
, are
Name of Person in
full, Surname being
placed first.
Place of Abode.
Premises.
Person actually Rated
in respect of Premises.
[Editors' Note.] This form is new, but merely supplies an omission, neither -
the Act of 1867 (which by s. 29, p. 127, directed the publication of the list),
nor the Act of 1878 (which by s. 10, p. 142, amended that section), supplying
a form of list.
------- - - --------------------- *-* * *
- - - - - - --> ---------------------
48 Vict. c. 15.
Schedule 3.
If the parish is
not in a munici-
pal borough the
parts between
asterisks are to
be omitted.
Where a borough
rate is levied as a
Separate rate and
not as part of the
poor rate, the
form should be
altered accord-
ingly, 80 as to
distinguish the
borough rate from
the poor rate, and
to 8tate that omis-
Sion to pay the
borough rate will
disqualify for
eurolment as a
burgess.

222
PART II. REGISTRATION OF ELIECTORS.
48 Vict. c. 15.
Schedule 3.
Forms for
Iłoroughs.
N. B.-This list
(No. 1) does not
contain the
names of any par-
liamentary voters
exc pt those en-
titled in respect
of a ten pounds
or household
qualification.
If the parish is
not in a munici-
pal borough,
omit the part be-
tween asteriskS.
FoEM (D.)
ForM of LISTs of PARLIAMENTARY WOTERs and BURGESSES for a PARISH
in a MUNICIPAL BOROUGH.
No. 1.
ForM of OccupiBRS LIST, including Ten Pound Occupiers,
Householders, and Burgesses.
No. 1.-LIST OF
The persons entitled to be registered as parliamentary voters for the
parliamentary borough [or D division of the] county]
Of in respect of the occupation of any
dwelling-house, or of any land or tenement of a clear yearly value of ten
pounds, situate wholly or partly within this parish [or township], *and
the persons entitled to be enrolled as burgesses for the municipal borough
Of in respect of the occupation of property situate
wholly or partly within this parish [or township]*.
Division. One. Persons entitled both to be Registered as Parliamentary
Voters in respect of the occupation aforesaid and to be enrolled as
Burgesses.
1. 2. 3. 4.
Names of Voters * * * &
in full, Surname Place of Abode. Nature of Description of Quali-
being first. Qualification. fying Property.

Abrahams,
Samuel.
Brown, Thomas
12 High Street | House (joint) .
Shop . . .
12 High Street.
Wood Willa, 4 Brick Street.
Gainsborough.
Masters, Abel
Smith, William
1 Brick Street
10 High Street
Dwelling-house.
Dwelling - house
(successive).
1 Brick Street.
2 Brick Street.
10 High Street.
Division Thwo.
Burgesses.
Persons entitled to be Registered as Parliamentary Voters
in respect of the occupation aforesaid, but not to be enrolled as

Names of Voters
in full, Surname
being first.
Place of Abode.
Nature of
Qualification.
Description of Quali-
fying Property.
Adams, John
Stubbs, Thomas
24 Duke Street
20 High Street
Land . . .
Dwelling - house
(service).
Garden adjoining
No. 7 Brick Street.
20 High Street.
REGISTRATION ACT, 1885–SCHED, 3, Borough FoRMS.
223
Division. Three. Persons entitled to be enrolled as Burgesses, but not to be
Registered as Parliamentary Voters in respect of the occupation
aforesaid.
Names of Voters º * - © º
in full, Surname Place of Abode. . of Description of Quali-
being first. Qualification. fying Property.
Gardener, Mary | 10 Brick Street Warehouse . . 6 High Street.
Thompson, 14 John Street | Shop . . . 3 Brick Street.
Henry.
(Signed) ſºft Overseers of the parish [or
C.D.ſ township] of ©
[Editors’ Note.] This form replaces D., No. 1, in the schedule to the Act
of 1878; the publication is prescribed by S. 15 of that Act, p. 145.
No. 2.-LIST OF
The persons entitled to be registered as parliamentary voters for the
parliamentary borough of in respect of any right reserved by
sections 31 and 33 of the Reform Act, 1832.
Names of Voters * * * º
in full, Surname Place of Abode. Nature of Description of Quali-
being first.
Qualification. fying Property (if any).
Smith, John | 15 Brick Street |Inhabitant house-
holder paying
Scot and lot.
(Signed) #} Overseers of the parish [or
C.D.ſ township] of
[Editors' Note.] This form replaces D., No. 2, in the schedule to the Act
of 1878; the publication is prescribed by s. 16 of that Act, p. 148.
No. 3.-OLD LODGERS LIST.
LIST OF
The persons who being on the register of voters now in force for th
parliamentary borough [or division of the county] of in
respect of residence in lodgings within the parish [or township] of y
claim in respect of residences in the same lodgings, to have their names
inserted in the list of persons entitled to vote in the election of a member [or
48 Vict. c. 15.
Schedule 3.


If the parish
is not situate
in a par-
liamentary
borough, the
form must be
adapted to the
division of a
members] to serve in Parliament for the said borough [or the borough or county, or
division or county of
county.
224.
48 Vict. c. 15.
Schedule 3.
-- *------- ~~~~…~ *------------> -----------, -
Forms for
1}oroughs.
------ *** - * *----------
I’A R'ſ' | 1.-- RTÜ(#IS']"RATI()N (),I\ |\LE("I'()RS,

t
tº & Street, Lane, or
- - Description of - ', } Name and º
Names of p. • ? other l’lace, and 1 -- ~ .... ... [' 1 | Margin for
* | ... • ..., | Rooms occupied, s Address of Land- * A tº
Claimants in Number, if any, of Objections
* and whether ... → * ". lord or other -
full, Surname "... ---- : House in which |p by Over-
* -- Furnished - ! ------ Person to whom
being first. Lodgings are > --> 1 ... - . . . . 8001’S.
or not. : , , Rent is paid.
- situate,
*
(Signed)
A.J.) Overseers of the parish [or
C.D.ſ township I of
[I'ditors' Note.] This form roplaces D., No. 3, in the schedule to the Act
of 1878, difforing therofrom by omitting a column headed “Amount of rent
paid.” This “Old Lodgers List” was first directed to be published by s. 22
of the Act of 1878, p. 150.
ForM (E.)
ForM of LIST of Parliamentary Voters for a Parish situato in a PARIIA-
MENTARY Boſtougii, but not in a MUNICIPAL BOROUGII.
This form is to be the same as Form D., omitting from List No. 1 the
parts between asterisks, and omitting the words “Division. One, Persons
entitled, &c.” forming the heading of Division One, and omitting Divisions
Two and Three.
Top M (F.)
ForM of LIST of BURGESSES for a PARISH wholly or partly situate in a
MUNICIPAL but not in a PARI,IAMINTARY BOROUGH, and which was
not included in a parliamentary borough merged in a county by the
Todistribution of Scats Act, 1885.
This Form is to be the same as Form D., No. 1, onitting the words
“Division One" and “persons entitled, &c.” forming the heading of
Division One, and omitting all reference to parliamentary voters, and
omitting Divisions Two and Three.
ForM (G.)
FoEM of LIST of OCCUPIERS in any Parish entitled to be elected Councillors
or Aldermen of a Municipal Borough, though not entitled to be on
the Burgess Roll of that Borough.
Lists of the persons who are entitled to be elected councillors or alder-
men of the municipal borough of in respect of the
REGISTRATION ACT, 1885–SCIIED. 3, Boſtough FoſtM8. 225
occupation within the parish [or township] of of 48 Vict. c. 15.
any property, but who are not entitled to be on the burgess roll of that −
borough.
Schedule 3.

1. f 2. 3. 4.
Names of Persons t tº 1 & *
in full, Surname | Place of Abode. Natur 0 of Quali- || D escription of Quali-
fication. fying Property.
being first.
(Signed) A. B.U. Overseers of the parish [or
C.D.ſ township] of
ForM (H.)
ForM OF NoTICE or CLAIM.
No. 1. –(PARLIAMENTARY AND MUNICIPAL) (General).
To the overseers of the parish [or township] of If the parish is
not in a parlia-
1 claim to have my name inserted among the parliamentary voters for
º * . * g tº mentary borough
the parliamentary borough of [and burgesses for the municipal jºt.”
borough of I in respect of the qualification named below [and division of the
to have my name omitted from the corrupt and illegal practices list.] º "ror
Dated the day of 18 . “ parliament-
ary borough.”
Name of Claimant Nature of Quali- Description of Quali-
in full, Surname Place of Abode, fication. fying Property.

being first.
(Signed) A.B.
Note.—If the claim is to be registered both as a parliamentary voter and
a burgess in respect of the same property this notice is sufficient and No. 3
need not be served.
[Editors' Note.] This form replaces H., No. 1, in the schedule to the Act
of 1878, and is prescribed by s. 15 of the Act of 1843, p. 82.
Q
226 PART II. REGISTRATION OF ELECTORS.
• !. -
48 Vict. c. 15. No. 2.-(PARLIAMENTARY) (Lodgers).
“Schedule 3. To the overseers of the parish [or township of
If the parish is I claim to have my name inserted as a lodger among the parliamentary
*: in a voters for the borough of in respect of the qualification
}. ºl. named below.
tuto “ divi- - - - -
sion of the
º. *ior Description of Street, Lane, or Name and Address
& 6 iºn." Name of Claimant, Rooms occupied, other Place, and |Amount of Landlord or
in full, Surname and whether Number (if any) of Rent | other person to
being first. Furnished of House in which] Paid. whom Rent is
or not. Lodgings situate paid.

Stevens, John Two rooms, 51 Brick Street | 16s. William John-
William. first floor, a week. son, 51 Brick
Furnished. Street.
I hereby declare that I have during the twelve calendar months
immediately preceding the fifteenth day of July in this year occupied as
sole tenant [or as joint tenant with l, and resided
in the above-mentioned lodgings, and that those lodgings are of a clear
omit the words yearly value, if let unfurnished, of ten [or twenty] pounds or upwards f
between crosses and I hereby declare that I am on the register of parliamentary voters for
... " the said parliamentary borough in respect of the same lodgings as above
applicable. º º º º º
Iſ the parlia- mentioned, and I desire to have my name inserted in the old lodgers list.f
mentary borough 1)ated the day of 8 .
º, or (Signed) A.B. (the claimant).
mant is entered is •r.; ºn fºr ºn tº - - º º tº-
... I, the undersigned, hereby declare that I have witnessed the above signa
by the Redistri ture of the above named [here state name of claimant], at the date stated
bºtion Act, ºb- above, and that I believe the above claim to be correct.
Stitute in 1885
“the parliamen- Dated the day of º 18 .
tary bºrough Of (Signed) C.D., of
Said º [state residence and calling of witness.]
tary borough.”
Note:-If the claim is in respect of different rooms successively occupied
as lodgings in the same house, the notice of claim must specify each room,
or set of rooms, so occupied. 4
If the claimant is on the register in respect of the same lodgings, and
desires to have his name inserted in the old lodgers list published on or
before the first day of August, he must send in his claim on or before the
twenty-fifth day of July.
In any other case he must send it in after the last day of July, and
on or before the twentieth day of August.
If there are two joint lodgers, the yearly value of the lodgings must be
twenty pounds or upwards.
[Editors’ Note.] This form replaces H., No. 2, in the schedule to the Act
of 1878, and the claim, which must be made annually, is directed to be made
by ss. 4 and 30, subs. 2, of the Act of 1867, pp. 37,127. This form differs from
H., No. 2, in the Act of 1878, by the specimen address of the landlord in
column 5, being “51 Brick Street,” the same as that of the lodger; whereas
the specimen address of the landlord in column 5 of H., No. 2, in the Act
of 1878, was “High Street.”
In Pickard v. Baylis, 5 C. P. D. 235, and p. 157, ante, the claimant omitted
REGISTRATION ACT, 1885–SCHED. 3, Borough FoRMS.
227
to state the amount of rent paid, and it was held that the revising barrister 48 Vict. c. 15.
had rightly refused to amend under s. 28, subs. 2, of the Act of 1878, p. 153.
No. 3.—(MUNICIPAL).
To the overseers of the parish [or township] of
I claim to have my name inserted in the list of burgesses of the
municipal borough of in respect of the
qualification named below [and I claim to have my name omitted from
the corrupt and illegal practices list].
Dated the day of 18
Name of Claimant * w Description of
in full, Surname Place of Abode, Naºui. Qualifying
being first. & Property.
(Signed) A.B.
ForM (I.)
FoEM OF NOTICE OF OBJECTION.
No. 1.—(PARLIAMENTARY AND MUNICtPAL).
NoTICE of OBJECTION to be given to OVERSEERs.
To the overseers of the parish [or township] of
I hereby give you notice that I object to the name of
being retained on the list as a parliamentary voter for the
parliamentary borough of [and as a burgess
for the municipal borough of - [and to the
omission of the said name from the corrupt and illegal practices list].
Dated the day of 18 .
(Signed) A.B. [place of abode]
on the list of parliamentary voters
and burgesses for the parish [or town-
ship] of &
[Editors' Note.] This form, by virtue of s. 18 of this Act, replaces Form I.,
No. 1, in the schedule to the Act of 1878, prescribed by s. 8 of that Act, p. 142,
in place of that originally prescribed by S. 17 of the Act of 1843, p. 82, and
differs therefrom in applying to both parliamentary and municipal voters,
whereas the old Form I., No. 1, applied to parliamentary voters only. More-
over, the objector appears by this form to be required to be on the list both
of parliamentary voters and burgesses, whereas in the old Form I., No. 1,
he had to sign only as a parliamentary voter.
See also ss. 7 and 17 of the Act of 1843, and note to next form.
Schedule 3.

If the parish is
not in a parlia-
mentaryborough,
substitute “ —
division of the
county’’ or
“county" for
“parliamentary
borough.”
Q 2
228
I?AIR'I' II.-REGISTRATI())M OF ELICTORS.
48 Vict. c. 15.
Schedulo 3.
Forms for
Iłorouſ/s.
No. 2.-(PARLIAMENTARY AND MUNICIPAL).
NoTICE of OBJECTION to be given to PERSON objected to.
To Mr. -
I hereby give you notice that I object to your name being retained on
the list as a parliamentary voter for the parliamentary
borough of [and as a burgess for the
municipal borough of |[and to the omission of
the said name from the corrupt and illegal practices list] on the following
grounds, viz.:--
1. That [e.g., you have not occupied for twolve months to July 15th)
2. That -
3.
Dated the day of 18 . w
(Signed) A. B., of [place of abode], on the list
of parliamentary voters [and bur-
gesses] for the parish [or township]
of
Note.--The notice of objection in each of the above two cases, Nos. 1
and 2, should, if there is more than one list, specify the list, and if the list
referred to is made out in divisions, should specify the division to which
the objection refers: and if the list contains two or more persons of the
same name, should distinguish the person intended to be objected to.
If the notice refers to Division ()ne the reſerence to a burgess may be
inserted, and in such case these notices are suſlicient, and Nos. 3 and 4
need not be served.
[I]ditors' Note.] This form, by virtue of s. 18 of this Act, replaces Form I.,
No. 2, in the schedule to the Act of 1878, proscribed by s. 8 of that Act in
place of that originally prescribed by S. 17 of the Act of 1843, p. 82.
I’lace of abode.] In Adams v. Bostock, 8 Q. B. D. 259; 51 L. J. Q. B. 175;
45 L. T. 443; 30 W. R. 460; 1 Colt. 275, the objector, a solicitor of Horsham
(whoro he had always lived), who was clork to tho magistratos and coroner,
omitted to state his placo of abode. The rovising barristor finding as a fact
that no person could |. boon misled by the omission, it was held that this
was a mistake which he might and ought to have corrected under S. 28,
subs. 2, of the Act of 1878, p. 153.
On the List.] See as to the divisions, s. 15 of the Act of 1878, p. 145. The
olyector's list moed not be specified, and even if he omit the word “parlia-
mentary,” this is a “mistako’’ which the rovising barristor may and ought
to amond : James v. IIowarth, 5 C. P. D. 225; 49 L. J. C. P., 169; 28 W. R.
923; 1 Colt. 87.
Should specify the List.] Those words, with reference to the list of the
persons objected to, moan, “should spocify the charactor of the qualification
with respect to the different kinds of franchise which are the subject of lists
yariously made out,” as, e.g. the lodgers list, and do not require the parochial
list to be speciſiod : Mortlock v. Parrer, IIall v. Cropper, 5 C. P. D. 78; 49
L. J. O. P. 160; 4.1 L. T. 470; 28 W. R. 395.
No. 3.−(MUNICIPAL).
NoTIGI of OBJECTION to be given to OVERSEERs.
To ſho overseers of the parish [or township] of
I heroby give you notice that I object to the mano of
being retained on the list of burgesses of the municipal borough of
REGISTRATION ACT, 1885–SCIII.D. 3, 130Roug II FORMS. 229
[and to the omission of the said name from the corrupt and illegal practices 48 Vict. c. 15.
list]. ºmmº-ºº-º-º-º-º-º-º-º-º-º-º-º-º-º-º-º:
Dated the day of 18 . § Schedule 3.
(Signed) A.B., of [place of abode], on the list of
burgessess for the parish [or town-
ship] of
No. 4.—(MUNICIPAL).
NoTICE of OBJECTION to be given to PERSON objected to.
To Mr.
I hereby give you notice that I object to your name being retained on
the lists of burgosses of the municipal borough of
on the following grounds, viz.:--
1. That [e.g., you have not occupied for twelve months to July 15thl.
2. That
3. *.
Dated the day of
(Signed) A.B., of [place of abode], on the list of burgesses
ſor the parish [or township] of
Nole.—The notice of objection in cach of the above two cases, Nos. 3
and 4, should, if there is more than one list, specify the list, and if the list
is made out in divisions, should specify the division to which the objection
refers; and if the list contains two or more persons of the same name,
should distinguish the porson intended to be objected to.
ToRM (K.)
ForM or LIST or CLAIMANTS to be Published by the OVERSEERs.
No. 1.--GENERAI, IIST of CLAIMANTs (PARLIAMENTARY AND
MUNIOIPAL).
The following. persons claim to have their names inserted in division List of claim
one of the occupiers list for the parish [or township] of as ants (parlia-
parliamentary voters for the parliamentary borough of , [and mentary and
burgesses for the municipal borough of ..] municipal).
If the parish is
not in a parlia-
mentary borough
# tº e Substitute “ —
Qualifying division of the
Property. county'' or
“county" for
* “parliamentary
- borough.”

Name of Claimant Nature of Description of
in full, Surname I’lace of Abode. at Ull’0
being first. Qualification.
(Signed) A./3. UOverseers for the parish [or
C.D.ſ township] of gº
Nole,_-l'orm No. 1 applics where the occupiers list is made out in
230
PART II.-REGISTRATION OF ELECTORS.
48 Vict. c. 15.
Schedule 3.
List of claim-
ants (general).
If the parish is
not in a parlia-
mentary borough
substitute “–
division of the
county " or
“county’’ for
“parliamentary
borough.”
List of lodger
claimants.
If the parish is
not in a parlia-
mentary borough
Substitute “ —
division of the
county’’ or
“county" for
“parliamentary
borough.”
divisions, and to persons who claim to be entered in division one of that
list, both as parliamentary voters and as burgesses.
[Editors' Note.] This form is new.
No. 2.-GENERAL LIST of CLAIMANTs (PARLIAMENTARY).
The following persons claim otherwise than as lodgers to have their
names inserted in the lists of parliamentary voters for the parliamentary
borough of º



Name of Claimant
in full, Surname
being first.
Nature of
Description of
Qualification.
Place of Abode. Qualifying Property.
(Signed) A.B. º for the parish [or
C.D.ſ township] of •
Note.—This form applies to claims—
(a.) where the occupiers list is not made out in divisions; and
(b.) if the occupiers list is made out in divisions to claims by persons
to be inserted in division two of that list, or in the reserved
rights list. -
Any claim to be omitted from the corrupt and illegal practices list
shall be added to the foregoing list of claimants.
[Editors' Note.] This form replaces K., No. 1, in the Act of 1878, the
footnote being new. For obligation to publish list, see s. 18 of the Act of
1843, p. 88.
No. 3.−LIST of LODGER CLAIMANTS (PARLIAMENTARY).
The following persons claim as lodgers to have their names inserted in
the lists of parliamentary voters for the parliamentary borough of

Name of
Claimant in
full, Surname
being first.
Description of
Rooms occupied,
and whether
Furnished
or not.
other Place, and
Number (if any)
of House in
which Lodgings
are situate.
Amount of
Rent paid.
Street, Lane, or )
Name and
Address of
Landlord or
other Person to
whom Rent
is Paid.
(Signed)
A.B.
C.D.
}
Overseers for the parish [or
township] of e
REGISTIRATION ACT, 1885–SCHED. 3, Borough ForMs. 231
In this form the particulars should be copied from the claims sent in. 48 Vict. c. 15.
[Editors' Note.] This form replaces K., No. 2, in the Act of 1878, the schedule 3.
footnote being new, For obligation to publish list, see s. 30 of the Act of ****
1867, p. 127.
No. 4.—LISTs of CLAIMANTs (MUNICIPAL).
The following persons claim to have their names inserted in the burgess List of
roll for the municipal borough of & claimants
smºs--- (burgesses).

Name of Claimant
in full, Surname
being first.
Nature of Description of
Place of Abode. Qualification. Qualifying Property.
(Signed) A.B.) Overseers of the parish [or
É} township] of gº
Any claim to be omitted from the corrupt and illegal practices list
must be added to the above list.
This list need not include the names of persons who claim, where the
occupiers list is made out in divisions, to be entered in division one of
that list.
FoRM (L.)
FoRM of LIST OF PERSONs objected to to be Published by the Overseers.
No. 1.-LIST of PERSONS objected to (PARLIAMENTARY and MUNICIPAL).
The following persons have been objected to as not being entitled to List of persons
have their names retained on division one of the occupiers lists of parlia- objected to
mentary voters for the parliamentary borough of and of (general).
burgesses for the municipal borough of If the parish is
not in a parlia-
—Y mentary borough
substitute “–

Name of Person * Description of division of the
ºil, Place of Abode. ... ºng ſº,
Surname being first. p à llll * Property. “ parliamentary
borough.”
(Signed) A.B.UOverseers of the parish [or
§ township] of &
Note:-This ſorm applies only where the occupiers list is made out in
232
T2A RT II.--REGISTRATION () [" IJI,I) ("I'()RS.
48 Vict. c. 15.
schedule 3.
List of persons
objected to
(general).
Iſ the parish is
not in a parlin-
montary borough
Hubstituto “ —
division of the
county'' or
“county" for
“parliamentary
borough.”
List of persons
objected to
(lodgers).
Iſ the parish is
not lm a parlia-
mentury borough
Hubbſ, luto “----
division of tho
county " or
“county’” ſor
“parliamentary
borough.”
divisions, and to persons objected to who appear in division one of that
list. ->
[I]ditors' Nola.] This form is now. As to divisions, sco s. 15 of the Act
of 1878, p. 145.
No. 2.-LIST of PIRSONS objectod to (PARLIAMENTARY).
Tho following persons havo been objected to as not boing on titled to
have their names rotained on the lists of parliamentary
volors for the parliamentary borough of tº

I)oscription of
Qualifying
Property.
Namo of Person
objected to in ſull,
Surname being ſirst.
Nature of the sup-
posed queum
l’lace of Abode.
(Signed) #}º of the parish [or
C.D.ſ township] of &
Nole.—This list applies to objections to persons whose names— -
(a) where the occupiers list is not made out in divisions, appear in that
list or in the reserved rights list; and
(b) where the occupier8 list is made out in divisions, appear in division
two of that list, or in tho reserved rights list.
Any objection to the omission of a person from the corrupt and illegal
practices list shall be added to the ſoregoing list.
[I'ditors' Note.] This form roplacos L., No. 1, in the Act of 1878, the
footnote being now.
No. 3.-List of Loog WRs objected to (PARLIAMENTARY).
The following persons have been objected to as not being entitled to
havo their names retained on the list of persons on titled in respect of
rosidonco in lodgings to be parliamentary voters ſor the parliamentary
borough of

Street, Lane, or
- 2... ... Description of other l’lace, and ||Name and Addross
Namo of l’orson • --> tº ºr tº tº '
obiocted to in full Iłooms occupied, and Number (if any) oſ of Landlord or
obj ‘. . . . . . . whether Furnished House in which other Person to
Surname being first. - g y * . . . . . . .
*. or not. Lodgings are whom Rent is paid.
situato.
(Signed)
A.B. º of the parish [or
C.D.ſ township] of .
REGISTRATION ACT, 1885–SCIII.D. 3, Boſtough FoſtMS.
233
sm---sº-sº-º---- ---
Note—This ſorm applies only to lodgers on the old lodgers list who are
The list of lodgers so objected to should form a separate list
objected to.
from that of other persons objectod to.
[Editors' Note.] This form replacos L., No. 2, in the Act of 1878, diſſoring
thorefrom in omitting a column headed “Amount of Rent paid.”
48 Vict. c. 15.
Schedule 3.
No. 4.—LIST of PERSONS objected to (MUNICIPAL).
The following persons have been objected to as not being cntitled to
have their names retained on the burgess lists for the municipal borough
Of o
List of persons
objected to
(burgesses).

Namo of Person ob-
jected to in full,
(Surname being first.
Place of Abode.
Nature of the Sup-
posod Qualification.
Description of
Qualifying
Property.
(Signed)
C.D.
A.B. Overseers of the parish [or
township] of e
This form applies only to objections to persons whose names—
(a) where the occupiers list is made out in divisions, appear in the third
division of that list; and
(b) where there is a list of burgosses made in I'orm F., appear in that
list.
Any objection to the omission of a person from the corrupt and illegal
practicos list shall be added to the foregoing list.
I,
in the parliament
I'on M (M.)
DISCLARATION IroR ColtBIOTING MISDESCRIPTION IN LIST.
of No.
ary borough of
division of the] county of
of
as follows:—
in the parish of
in tho [.
and in the municipal borough
1. I am the person referred to in division
parliamentary voters and burgesses made out in divisions [or in the list of
(specifying the particular list)] made out for the parish [or
, by an entry as follows:—
township] of
[as the case may be], do solemnly and sincerely declare
of the list of

Namo as described
in List.
Place of Abode
as described in List.
Nature of Qualifi-
cation as described
in List.
1)escription of
Qualifying
Property.
Brown, John
High Street
Shop
3 Shiro Ilane.
234
PART II.-REGISTRATION OF ELECTORS.
48 Vict. c. 15.
Schedule 3.
Forms for
Boroughs.
whom the decla-
ration is made
should affix bis
2. My correct name and place of abode and the correct particulars
respecting my qualification are, and ought to be, stated for the purposes of
the register of parliamentary voters for the parliamentary borough [or
division of the] county] of
º the burgess roll about to be made up of burgesses for the municipal
borough of (as the case may be)], as follows:—

—w
Correct nature of
Qualification.
Correct place of
Correct Description of
Abode.
Qualifying Property.
Correct Name.
Brown, Joseph 15 High Street House . . 24 Shire Lane.
18
Dated this day of
(Signed)
The person before Made and subscribed before
me this day
of 18 .
A.B.
official descrip-
tion.
The list should
be referred to in
the manner pre-
Scribed for the
notice of objec-
tion.
Omit the words
between crosses
if the objection
is wholly with-
drawn.
The notice should
be signed in the
manner pre-
Scribed for the
notice of objec-
tion.
The list Should
be referred to in
the manner pre-
Scribed for the
notice of objec-
tion.
Omit the words
between crosses
if the objection
is wholly with-
drawn.
The notice should
be signed in the
manner pre-
Scribed for the
notice of objec-
tion.
Justice of the peace for
Note—This form must be adapted to suit the various lists.
[Editors' Note.] This form replaces M. in the Act of 1878, being prescribed
by S. 24 of that Act, p. 156. The footnote is new.
ForM (N.)
NoTICE OF WITHDRAWAL OF OBJECTION.
No. 1. —NoTICE to the PERSON objected to.
TO Mr.
I hereby give you notice that I withdraw my objection to your name
being retained on the list of
f so far as regards the ground of objection numbered
in my notice to you of such objection.f
Dated the day of
(Signed)
18 .
No. 2.-NoTICE to the Town CLERK.
To the Town Clerk of
I hereby give you notice that I withdraw my objection to the name
of
being retained on the list of
fso far as regards the ground of objection numbered
in my notice to him of such objection.f
Dated the day of
(Signed)
[Editors' Note.] This and the preceding form repeat N., Nos. 1 and 2, in
the Act of 1878, being prescribed by s. 27 of that Act, p. 152.
18
REGISTRATION ACT, 1885–SCHED. 3, Borough FoſtMs.
235
FoRM (0.)
NoTICE REVIVING AN OBJECTION.
No. 1.-NoTICE to the PERSON objected to.
To Mr.
I hereby give you notice that I revive the objection which was made by
, since deceased, to your name being retained on
the list of
fso far as regards the ground of objection numbered
in the notice to you of such objection.f
Dated the day of 18 .
(Signed)
No. 2.-NoTICE to the Town CLERK.
To the Town Clerk of
I hereby give you notice that I revive the objection which was made by
, since deceased, to the name of
being retained on the list of
iso far as regards the ground of objection numbered
in the notice to the person objected to of such objection.f
Dated the day of 18 .
(Signed)
[Editors' Note.] This and the preceding form repeat O., Nos. 1 and 2, in
the Act of 1878, being prescribed by s. 27 of that Act, p. 152.
ForM (P.)
ForM of WoTER's NoTICE of SELECTION IN THE CASE of DUPLICATE
ENTRIES.
To the Revising Barrister for the parliamentary borough of
I hereby elect to vote in respect of the following entry in the
list of voters for the parish [or township] of
Name of Voter in Nature of Quali Description of
full, Surname Place of Abode. 3. º U18, 11- qualifying
being first. tº Property.
(Signed) A.B.
Note.—The foregoing form should be filled up with a copy of the entry
in the list of voters which the voter wishes to have retained for voting.
The notice should specify the list, and, if the list is made out in divisions,
the division in which the entry referred to appears.
[Editors' Note.] This form is new. There is no corresponding statutory
form for counties, for which, however, this form can be easily adapted.
48 Vict. c. 15.
Schedule 3.
The list should
be referred to in
the manner pre-
Scribed for the
notice of objec-
tion.
Onlit the words
between CrOSSCS
if the objection is
wholly revived.
The notice should
be signed in the
manner pre-
scribed for the
notice of objec-
tion.
The list should
be referred to in
the manner pre-
scribed for the
notice of objec-
tion.
Omit the words
\between croSSes
if the objection is
wholly revived.
The notice should
be signed in the
manner pre-
Scribed for the
notice of objec-
tion.

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I’ART II.--IRIEGISTRATION () I., EI,E(TORS.
48 & 49 Vict,
c. 23.
JRegistration of
Mon-resident
J'reemen in
JDivided
J}orough.
Eſſect of
change of
parliamentary
area on right
to vote.
* p. 59,
registered, the revising barristor shall allot them among
the divisions in such manner as may, so noarly as may be,
maintain an equal number of non-resident freemen in each
division, and shall allot them according to alphabetical order
by allotting those whose names are the earliest in alpha-
botical order to the first division (according to the order
settled as aforesaid) to which at that revision any freeman
is to be allotted.
This section is rondored nocessary by the division of boroughs by s. 8.
Tho case of electors, othor than freemen, for such divided boroughs, is dealt
with by 8, 17.
(1.) Freemen.] As to the qualification of froomon, sco s. 32 of the Reform
Act, 1832, p. 21. I'or forms of lists, &c., of froomon, sco the Schedule of
the Act of 1843, p. 115,
I’lace of Abode.] This apparonily moans such a placo of abodo or residenco
us conſors a qualiſication within s. 31 of tho Reform Act, 1832, upon frcemen
within the borough, or within seven miles of it. If such place of abode bo
wiſhin seven miles of the borough, the division of the frecman will be
allotted to him undor Subs. 2 of this section.
(2.) Iły lot..] The lots should bo drawn by the revising barristor himself,
and should be drawn in Court, though this is not nocessary. Any mode of
drawing lots, which is based on puro chanco, will be sufficient, the Act
(which is believed to bo the first Act of Parliamont dirocting tho drawing of
lots) not specifying any. The drawing of folded pieces of papor, bearing
tho names of the soveral divisions, socms to be the simplest mode of casting
the lots.
And them allot.] Tho allotment of frcomen to division is not to be carried
out by lot, but arithmotically, as appears from subs. (b). Tho intention of
tho statuto is that each division should have an ( qual number of freemon.
In cases whore the number of the divisions cannot be divided equally by the
number of non-resident froomon, tho divisions lator in ordor will each loso
Ono frceman,
17. Whero a placo in which the qualifying property of any
voter is situate is changed from one parliamentary area to
another, them on the oocasion of the first registration of parlia-
mentary voters which takes place aftor the passing of this Act,
such voter shall, as respects his right to have his name placed
on the register and other rights of registration, whether arising
out of successive occupation or the occupation of the same
lodgings or otherwise, stand in the same position, so far as cir-
cumstances admit, in relation to the new area as he would have
stood in if this Act had been in force before the commencement
of the period of qualification, and such voter had acquired his
rights under the law in force at such commencement as amended
by this Act and the Iłoprosentation of the People Act, 1884,”
and so much of the register of voters existing at the passing of
this Act as relates to the new area had been a register for the
J) OW 0,1'O8),.
A place shall be deemed to be changed from one parlia-
mentary area to another when it becomes part of a constituency
of which it did not form part before the passing of this Act :
and where the area of the constituency of which such place
REDISTRIBUTION OF SEATS ACT, 1885.
239
boforo such change formed part becomes, after such change, part
of two or more constituencies each of such two or more con-
stituencies shall, for the purposes of this section, be deemed to
have included the whole of the said area.
This section is of very great practical importance, as without its operation
persons qualified, but for this Act, to be registered in the seventy-nine
liºns which cease to return members by s. 2 of this Act, and in the
old divisions of counties which cease by S. 9 of this Act, will lose altogether
their right to be registered and to vote.
If any person should, by a claim to be registered in a wrong division or
otherwise, fail to be registered in the right division, there is no power in the
High Court, except by process of appeal, to rectify the mistake, and the
vote of such a person cannot be given in any division until it has been
roctiſied at the registration of 1886. See re Allen, 28 L. J. C. P. 256, cited in
the note to s. 67 of the Act of 1843, p. 108; and see s. 13, subs. 3, of this
Act, 8wpra.
19.-(1.) The registers of voters in force in the year one
thousand eight hundred and eighty-five shall continue in force
until the dissolution of this present I’arliament, but, notwith-
standing the continuance of this present Parliament, registers
of voters shall be formed in the year one thousand eight hundred
and eighty-five as they will require to be formed after the end
of this present Parliament, and not otherwise.
(2.) Divisions of counties may be divided into polling districts
at any time after the passing of this Act in like manner as they
might be divided after the end of this present Parliament.
(3.) Where any act or thing has, before this Act came into
operation, been done in pursuance of the Registration Acts, or
in relation to polling districts or polling places, such act or
thing shall be as valid as it would have been if this Act had
previously thereto come into operation, and it had been done by
the officer or authority and in the form and in relation to the
constituency by whom, and in, and in relation to which it would
have been done if this Act had previously thereto come into
operation; and where any act or thing ought to have been done
if this Act had come into operation before the time for doing
48 & 49 Vict.
c. 23.
Transitory
provisions as
to registers of
voters.
Validity of
things done in
anticipation of
this Act.
the same, the same shall be done forth with after this Act comes
into operation, and shall be as valid as if it had been done at
the time now appointed by law.
(4.) In England the clerks of the peace and town clerks shall,
as soon as may be after the passing of this Act, send to the
overseers on whom they have served precepts under the Regis-
tration Acts, such supplemental precepts as are necessary or
desirable for instructing the overseers to carry into effect the
Registration Acts in the constituencies as altered by this Act,
and in municipal boroughs affected by this Act, and in parti-
cular shall, where necessary, instruct overseers as to the dif-
ference between the county and borough lists of voters, and
shall direct the overseers of parishes situate in municipal
boroughs, and included by this Act in parliamentary boroughs,
to prepare lists of burgesses in conjunction with the lists of
Supplemental
precepts by
clerks of peace
and town
clerks to
OWel'Seel S.
240
PART II.—REGISTRATION OF ELECTORS.
48 & 49 Vict.
c. 23.
Supplemental
I’recepts.
Power of judge
in chambers
to appoint addi-
tional revising
barristers.
parliamentary voters, and shall send the corrupt and illegal
practices list containing the names of voters disqualified by
this Act. Every such supplementary precept shall be served
by the clerk of the peace or town clerk who would have served
the former precept if this Act had come into operation before
the time for the service of such former precept.
(5.) [Ireland.]
This section appears to apply in 1885 only.
(1.) Itegisters.] The effect of the old registers for 1885 continuing in force
until a dissolution, is that any election taking place before a dissolution,
although it may take place after the formation of the new registers in 1885,
will take place upon the old registers, and generally as if this Act had not
passed.
(3.) Where any Act or thing, &c.] The first part of this section gives
validity to things done, as, for instance, the sending of precepts to overseers
in a new borough, in anticipation of this Act, which did not pass till the 4th
of June, and the second part of the subsection allows things to be done forth-
with which ought to have been done before the passing of the Act, as, for
instance, the sending of precepts under s. 7 of the Registration Act, 1885,
within twelve days after the passing of that Act.
(4.) Supplemental Precepts.] These supplemental precepts are, it is con-
ceived, intended to call the attention of the overseers to the effect of sections
2–9 of this Act, and “in particular” to such differences between the borough
and county lists of voters as survive the assimilation of the two qualifica-
tions by the Representation of the People Act, 1884, one of such differences
being that for 1885 in counties there will be no “Old Lodgers List.” l
Six forms of supplemental precept were published by Messrs. Shaw &
Sons.
For original precepts, see pp. 180, 208.
As to “clerk of the peace ’’ and “town clerk,” see s. 101 of the Act of
1843, p. 113, and s. 7 of the Registration Act 1885, p. 171.
PART IV.
ACCELERATION OF REGISTRATION IN 1885.
29. If in the present year it is made to appear to any judge
of the High Court of Justice, sitting in chambers at any time
after the fifth day of September, that the lists of voters for any
parliamentary county or borough in England cannot by reason
of the insufficient number of barristers be revised within the
period fixed by this Act, such judge shall appoint one or more
duly qualified barristers to act in addition to the barristers
originally appointed for such county or borough, and a barrister
so appointed shall have the same duties, powers, and authorities
as if he had been originally appointed.
Where the Lord Chief Justice or judge appoints in the
present year barristers for counties and boroughs, he shall
appoint them to act for all the counties and boroughs
for which he has power to appoint revising barristers; and
each barrister, when acting for any county or borough, shall
REDISTRIBUTION OF SEATS ACT, 1885—DATEs, &c., IN 1885.
241
have the same duties, powers, and authorities as if he had been
appointed sole revising barrister for such county or borough.
The duties of barristers so appointed shall be distributed
among them as the Lord Chief Justice or judge who appoints
them, or, after the fifth day of September, any judge of the
High Court of Justice sitting in Chambers, may direct.
This power to appoint additional revising barristers is given to a Judge in
Chambers under this section in further aid of the power of the Judge named
in S. 29 of the Act of 1843, p. 88, the appointment of a certain number of
additional revising barristers being necessitated in 1885 by the additional
number of electors to be placed upon the county register, in consequence of
the household and lodger qualification conferred by the Representation of the
People Act, 1884.
Judge of the High Court . . . in Chambers.] By Order LXIII., r. 2, of the
Rules of the Supreme Court, 1883, two of the Judges of the High Court
(selected at the commencement of each long vacation) sit in vacation “for
the hearing in London or Middlesex of all such applications as may require
to be immediately or promptly heard.”
One or more duly qualified barristers.] The qualification is, by s. 6 of the
Revising Barristers Act, i874, p. 138, seven years standing.
Where the Lord Chief Justice or Judge appoints.] These words refer to the
appointment under s. 28 of the Act of 1843, p. 87.
30. With respect to the registration of voters in parliamen-
tary counties and boroughs in England in the present year, the
following provisions shall have effect:-
(a.) The lists of parliamentary voters, and the lists of bur-
gesses which are revised together with the lists of
parliamentary voters, shall be revised between the
eighth day of September and the eighth day of October
both inclusive, and shall be revised as soon as possible
after the seventh day of September, and the eighth
day of September shall be substituted in the Acts
relating to the registration of parliamentary voters
for the fifteenth day of September; and the declara-
tions under section ten of the County Voters Registra-
tion Act, 1865,” and section twenty-four of the Parlia-
mentary and Municipal Registration Act, 1878,t shall
be sent to the clerk of the peace or town clerk on or
before the fifth day of September.
(b.) The printed book or register containing the list of voters,
when revised, shall be delivered to the returning officer
for the parliamentary county or borough to which such
book or register relates on or before the seventh day
of November, and shall be the register of persons
entitled to vote for the county or borough at any
election of a member to serve in Parliament which
takes place after that day, or if this present Parlia-
ment is not then dissolved, them after the date of such
dissolution, and before the first day of January one
thousand eight hundred and eighty-seven.
- R
48 & 49 Vict.
c. 23, s. 29.
Dates in 1885.
Revision.
* p. 123.
f p. 151.
Commence-
ment and
duration of
register.
242
PART II. IREGISTRATION OI!" ELECTORS.
48 & 49 Vict.
c. 23, s. 30.
IDates in 1885.
Appeals in
“Michaelmas
Sittings,”
1885.
* p. 105.
f p. 94.
| p. 434.
Definitions.
(c.) In sections sixty-two and sixty-three of the Act of the
session of the sixth and seventh years of the reign of
her present Majesty, chapter eighteen,” relating to
appeals from revising barristers in England, “the
Michaelmas sittings of “the High Court of Justice ’’
shall be substituted for “the Michaelmas term,” and
forthwith after the fourth day of the Michaelmas
sittings a court or courts shall sit for the purpose of
hearing such appeals, and those appeals shall be heard
and determined continuously and without delay, and
any statement by the barrister for the purpose of any
such appeal made in pursuance of Section forty-two of
the said Act 1 may be made at any time within ten
days after the conclusion of the revision, so that it be
made not less than four days before the first day of
the said Michaelmas sittings, and the statement need
not be road in open court, but shall be submitted to
the appellant, who shall sign the same as directed by
the said section, and return the same to the barrister.
(d.) In section five of the Ballot Act, 1872, relating to polling
districts, the first day of October shall be substituted
for the first day of November, as respects the date at
which orders relating to polling districts apply to
registers of voters.
(a.) The lists . . . shall be revised.] In ordinary years the borough revision
commences on the 15th September and terminates on the 12th October, and
the county revision commencos on the 15th September and terminates on the
31st October : see s. 32 of the Act of 1843, s. 33 of the Act of 1878, and s. 4,
subs. 1, of the Tºegistration Act, 1885.
The declarations.] The date for the doclarations is changed to the 5th
from tho 14th September in counties, and from the 12th September in
boroughs.
(b.) The printed book or register.] The Soventh day of November is sub-
stituted for the last day of December, which, by s. 38 of the Act of 1867,
replaced the last day of Novembor originally fixed by ss, 47 and 48 of the
Act of 1843.
After the date of 8wch dissolution.] It follows from these words, and from
S. 19, Subs. 1, ante, that an election taking place before the dissolution,
though after tho formation of the now registers, will take place upon the old
registers.
(c.) “The Michaelmas Siltings.”] Michaelmas Sittings are substituted for
Michaelmas Torm, because, as pointed out in the note to s. 62 of the Act of
1843, p. 105, the “Sittings ’’ commence on the 24th October, whereas the
“'Term” commences on the 2nd November,
31, 32, [Scotland and Ireland.]
33. Tor the purposes of this part of this Act—
The expression “present year” means the year one thousand
eight hundred and eighty-five.
The expression “parliamentary county’ means a county
returning a member or members to serve in Parliament, and
where a county is divided for the purpose of such return means
a division of such county.
REDISTRIBUTION OF SEATS ACT, 1885.
243
----------- -------------- - -- - - ----- -- ------- ---------- - - - - - - - -
Other expressions in this part of this Act have, unless the
context otherwise requires, the same meaning as in the Acts
relating to the registration of parliamenatry voters.
34. All provisions of any Act of Parliament inconsistent with
the provisions of this part of this Act shall not apply to the lists
or register of voters to be made in the present year; but, save
as aforesaid, all the provisions of the Acts relating to the regis-
tration of parliamentary voters shall remain in full force.
48 & 49 Vict. c. 57. An Act to remove doubts as to the
appointment of Tevising Barristers. [6th Aug., 1885.
“Whereas doubts have arisen as to the judge authorized to
appoint revising barristers on circuit under section twenty-eight
of the Parliamentary Voters Registration Act, 1843,” and section
twenty-nine of the Redistribution of Seats Act, 1885,f and it is
expedient to remove such doubts: ” BE IT THEREFORE ENACTED, as
follows:—
1. The senior judge named in the commission of assize for the
counties within any circuit, who actually travels that circuit or
any part thereof during the summer circuit in any year, shall
be the judge having power to appoint the barristers to revise
the lists of voters for that year in pursuance of section twenty-
eight of the Tarliamentary Voters Registration Act, 1843, and
that section and section twenty-nine of the Redistribution of
Seats Act, 1885, shall be construed accordingly.
I’rovided that, if any such judge, before he has appointed all
or any of the barristers whom he is authorized to appoint, dies
or becomes unable to appoint such barristers, the senior judge
named in the said commission, who actually travels the re-
mainder of the circuit, shall be the judge having power to
appoint such barristers so far as they have not been already
appointed.
For the purposes of this section Birmingham shall be deemed
to be part of the Midland Circuit.
Any appointment of a revising barrister heretofore made
shall be deemed to have been validly made.
This section shall continue in force until the end of the
Summer Circuit in the year one thousand eight hundred and
eighty-five and no longer; but the expiration thereof shall not
affect any appointment of a revising barrister which otherwise
would have been valid. •r
The doubts which this Act remove arose from the 12th section of the
Circuits Order of June, 1884 (see Chitty's Statutes Continuation for 1884,
. 801), directing that the names of all the judges of the Supreme Court shall
)
º placed in overy commission, the effect of which appears but for this Act to
be that the senior judge so commissioned, i.e. the Lord Chief Justice, as the
senior judge in overy commission of assize within the meaning of s. 28 of the
Act of 1843 (p.86), had the appointing power.
48 & 49 Vict.
c. 23, s. 33.
41 & 42 Vict.
c. 26.
Temporary
repeal of
inconsistent
provisions.
48 & 49 Wict.
c. 57.
* p. 86.
f p. 240.
Senior judge
actually
travelling to
appoint
revising
barristers.
Validity of
appointments
before the Act.
R 2
244
PAIRT II.-REGISTRATION OF ELECTORS.
48 & 49 Wict.
c. 57.
Short titles
and con-
struction.
* p. 74.
f p. 165.
The last paragraph of the section prevents the Act applying to appoint-
ments of revising barristers in the ovent of death, illness, or absence after the
conclusion of a circuit and before the 5th September. Such appointments
take place under s. 29 of the Act of 1843, p. 87, and must be made by “the
senior judge in the commissions” (p. 86). After the 5th September the
appointment is by the judge at chambers (Seats Act, 1885, s. 29, p. 240).
J3irmingham.] For the area of the parliamentary borough of Birmingham,
See p. 272. It includes portions of Staffordshire and Worcestershire, which,
apart from this section, arc on the Oxford Circuit,
Appointment . . . heretofore made . . . valid.] This clause gives validity
to the irregular appointments of 1884, and also to such appointments in 1885
as were made before the passing of this Act.
The North Wales Division and South Wales Division form one circuit, and
tho Senior of the two judges travelling any part of either division had the
appointments.
2. The Act of the session of the sixth and seventh years of
the reign of her present Majesty, chapter eighteen, intituled
“An Act to amend the law for the registration of persons
entitled to vote, and to define certain rights of voting, and to
regulate certain proceedings in the election of members to serve
in Parliament for England and Wales,” is in this Act referred
to and may be cited as the Parliamentary Voters Registration
Act, 1843.
This Act shall be construed as one with the Parliamentary
Voters Registration Act, 1843,” and that Act and this Act and
the Registration Act, 1885, f may be cited together as the Par-
liamentary Voters Registration Acts, 1843 and 1885, and this
Act may be cited separately as the Revising Barristers Act,
1885. -
The proper short titles of the Acts mentioned are the “Parliamentary
Registration Act, 1843." (p. 140), and the “Registration Act, 1885” (p. 78).
27, III.N. 8, CAP. 26—WALEs.
245
P A R T I I I.
ELECTORAL AREAS.
PAG lº
27 Hon. 8, c. 26 . . Counties and Boroughs in Wales . . . . . 245
2 Will. 4, c. 45 . . Reform Act, 1832 . . . . . . . . . 246
24 & 25 Vict. c. 112 . Birkenhead . . . . . . 253
30 & 3 vict. c. 102 . Representation of the People Act, 1867 . . . 253
48 & 49 Wict. c. 23 . Redistribution of Seats Act, 1885 . . . . . 257
[N.B.-These Acts do not in themselves contain a complete list of Parlia-
mentary Boroughs and Counties. For Table containing such list, 8ee p. 339.]
27 Hen. 8, c. 26. An Act for Laws and Justice to be
ministered in Wales in like Form as it is in this Realm.
[A.D. 1535.
29. For this present Parliament, and all other Parliaments to
be holden and kept for this realm one knight shall be chosen
and elected to the same Parliaments for every of the shires of
Brecknock, Radnor, Montgomery, and Denbigh, and for every
other shire within the said country or dominion of Wales; and
for every borough being a shire-town within the said country or
dominion of Wales, except the shire-town of the aforesaid county
of Merioneth, one burgess; and the election to be in like manner
form and Order, as knights and burgesses of the Parliament
be elected and chosen in other shires of this realm ; and the
knights and burgesses, and every of them, shall have like dignity
pre-eminence and privilege, and shall be allowed such fees, as
other knights of the Parliament have and be allowed; and the
knights fees to be levied and gathered of the commons of the
shire they be elected in ; and the burgesses fees be levied and
gathered as well of the boroughs and shire-towns as they be
burgesses of, as of all such ancient boroughs within the same
shire.
The English counties returned members to Parliament at common law, but
this was not the case with the Welsh counties, which returned, and most of
which still return members by virtue of this Act alone, the arrangements of
which, except by the Act of 1832 giving an additional member to each of the
counties of Carmarthen, Carnarvon, and Denbigh, and by the Act of 1885
dividing these counties, and also giving five members to Glamorgan (also
divided), have not been disturbed by any of the three Reform Acts.
As to Welsh boroughs, which also first returned members by virtue of this
Act alone, see s. 8 of the Act of 1832, and Schedule E., post.
The fees to which members were entitled have not been abolished, but have
not been enforced for two centuries.
27 Hen. 8,
c. 26.
Knights and
burgesses for
the Parliament
in Wales, and
their fees.
2 || 6
l’ART III.-ELIECTORAL AIRIEAS.
2 Will. 4,
c. 45.
**------------ºs-
Certain
boroughs to
cease to send
members to
Parliament.
* p. 249.
What,
boroughs
to return one
member only.
New boroughs
to return two
members.
2 Will. 4, c. 45.
REFORM ACT, 1832.
An Act to amend the Representation of the People in
England and Wales. [June 7, 1832.
Whereas it is expedient to take effectual measures for correct-
ing divers abuses that have long prevailed in the choice of mem-
bers to serve in the Commons House of Parliament, to deprive
many inconsiderable places of the right of returning members,
to grant such privilege to large, populous, and wealthy towns, to
increase the number of knights of the shire, to extend the elective
franchise to many of his Majesty's subjects who have not hereto-
fore enjoyed the same, and to diminish the expense of elections;
I3E IT THEREFORE ENACTED, That each of the boroughs enumerated
in the Schedule marked (A.) to this Act annexed” (that is to say),
shall from and after the end of this present Parliament cease to
return any member or members to serve in Parliament.
2. Each of the boroughs enumerated in the Schedule marked
(B.) to this Act annexed (that is to say), Petersfield,” Ashburton,
Eye,” Westbury,” Wareham,” Midhurst,” Woodstock,” Wilton,”
Malmesbury,” Liskeard,” Reigate, Hythe, Droitwich,” Lyme
Regis, Launceston,” Shaftesbury,” Thirsk,” Christchurch,
Horsham,” Great Grimsby, Calne,” Arundel, St. Ives,” Rye,”
Clitheroe,” Morpeth, Helston,” North Allerton,” Wallingford,”
and Dartmouth, shall from and after the end of this present
T’arliament return one member and no more to serve in Parlia-
ment.
I}oroughs marked * ceased as such by the Act of 1885. See s. 2 and
Sched. 1 of that Act.
Reigate was disfranchised for corruption by the Act of 1867.
3. Iºach of the places named in the Schedule marked (C.) to
this Act annexed (that is to say), Manchester,” Birmingham,”
Leeds,” Greenwich, Sheffield,” Sunderland, Devonport, Wolver-
hampton,” Tower Hamlets,” Finsbury, Mary-le-bone, Lambeth,
Bolton, Bradford,” Blackburn, Brighton, Halifax, Macclesfield,”
Oldham, Stockport, Stoke-upon-Trent,” and Stroud, shall for
the purposes of this Act be a borough, and shall as such borough
include the place or places respectively which shall be compre-
hended within the boundaries of such borough, as such boundaries
shall be settled and described by an Act to be passed for that
purpose in this present Parliament, which Act, when passed,
shall be deemed and taken to be part of this Act as fully and
effectually as if the same were incorporated herewith ; and that
each of the said boroughs named in the said Schedule (C.) shall
from and after the end of this present Parliament return two
members to serve in Parliament.
Boroughs marked * were divided, and their members were increased by
the Act of 1885, Macclesfield was disfranchised for corruption by the Act of
REFORM ACT, 1832.
247
1885, and Stoke-upon-Trent lost one member by the same Act. The bounda-
ries of Manchester, Birmingham, Bradford, Blackburn, Oldham, and Stoke-
upon-Trent were also altered by the same Act.
4. Iºach of the places named in the Schedule marked (D.) to
this Act annexed (that is to say), Ashton-under-Lyne, Bury,
Chatham, Cheltenham, Dudley, Frome, Gateshead, Huddersfield,
IGidderminster, Kendal,” Rochdale, Salford,” South Shields,
Tynemouth, Wakefield, Walsall, Warrington, Whitby,” White-
haven, and Merthyr Tydvil, shall for the purposes of this Act
be a borough, and shall as such borough include the place or places
respectively which shall be comprehended within the boundaries
of such borough, as such boundaries shall be settled and described
by an Act to be passed for that purpose in this present Parlia-
ment, which Act, when passed, shall be deemed and taken to be
part of this Act, as fully and effectually as if the same were
incorporated herewith ; and that each of the said boroughs
named in the said Schedule (D.) shall from and after the
end of this present Parliament return one member to serve
in Parliament.
Of these boroughs, Kendal and Whitby ceased to return members by virtue
of the Act of 1885, s. 2, and Schedule 1, post; and Salford gained two addi-
tional members by virtue of s. 5, and Schedule 3, of the same Act, post.
The remaining boroughs remain unaffected by subsequent legislation,
except that the boundaries of Ashton-under-Lyne, Cheltenham, and Wake-
field were altered by s. 7 of the Act of 1885, and Schedule 5.
[5. Boroughs of Shoreham, Cricklade, Aylesbury, and East Retford to include
certain adjacent districts. These boroughs, popularly known as the Hundred
I}oroughs, ceased to exist as such by virtue of S. 12 of the Act of 1885, and
Schedule, post.]
6. The borough of Weymouth and Melcombe Regis shall from
and after the end of this present Parliament return two members,
and no more, to serve in Parliament; and that the borough
of Penryn, shall for the purposes of this Act include the town of
l'almouth; and that the borough of Sandwich shall for the pur-
poses of this Act include the parishes of Deal and Walmer.
Of these boroughs, Weymouth ceased to exist, Penryn lost one member, and
Sandwich was disfranchised for corruption, by the Act of 1885.
7. Every city and borough in England which now returns a
member or members to serve in Parliament, and every place
sharing in the election therewith (except the several boroughs
enumerated in the said Schedule (A.), and except the several
boroughs of New Shoreham, Cricklade, Aylesbury, and East Ret-
ford), shall, and each of the said boroughs of Penryn and Sandwich
also shall, for the purposes of this Act, include the place or places
respectively which shall be comprehended within the boundaries
of every such city, borough, or place, as such boundaries shall
be settled and described by an Act to be passed for that purpose
in this present Parliament, which Act, when passed, shall be
deemed and taken to be part of this Act as fully and effectually
as if the same were incorporated herewith.
The Boundary Act so passed is 2 & 3 Will. 4, c. 64.
2 Will. 4,
c. 45.
New boroughs
to return one
member.
Weymouth
and Melcombe
Regis to return
two members
only, &c.
Boundaries of
existing
boroughs in
England to
be settled.
248
I’ART III.-ELECTORAL AIREAS.
2 Will. 4,
c. 45.
Places in Wales
to have a share
in elections for
the shire-
towns.
Boundaries of
shire-towns
and places in
Wales to be
settled.
Swansea.
8. Each of the places named in the first column of the
Schedule (E.) to this Act annexed shall have a share in the
election of a member to serve in all future Parliaments for the
shire-town or borough which is mentioned in conjunction there-
with, and named in the second column of the said Schedule (E.).
This arrangement of Welsh borough representation remains unaffected by
subsequent statutes, with the exception that Cardigan district ceased to roturn
a member by virtue of s. 2 of the Act of 1885.
9. Each of the places named in the first column of the said
Schedule (E.), and each of the shire-towns or boroughs named
in the second column of the said Schedule (E.), and the borough
of Brecon, shall for the purposes of this Act include the place or
places respectively which shall be comprehended within the
boundaries of each of the said places, shire-towns, and boroughs
respectively, as such boundaries shall be settled and described
by an Act to be passed for that purpose in this present Parlia-
ment, which Act, when passed, shall be deemed and taken to be
part of this Act as fully and effectually as if the same were
incorporated herewith.
The Boundary Act so passed is 2 & 3 Will. 4, c. 64.
10. Each of the towns of Swansea, Loughor, Neath, Aberavon,
and Ken-fig shall for the purposes of this Act include the place
or places respectively which shall be comprehended within the
boundaries of each of the said towns, as such boundaries shall
be settled and described by an Act to be passed for that purpose
in this present Parliament, which Act, when passed, shall be
deemed and taken to be part of this Act as fully and effectually
as if the same were incorporated herewith ; and that the said
five towns, so including as aforesaid, shall for the purposes of
this Act be one borough, and shall as such borough, from and
after the end of this present Parliament, return one member to
serve in Parliament; and that the portreeve of Swansea shall be
the returning officer for the said borough ; and that no person,
by reason of any light accruing in any of the said five towns,
shall have any vote in the election of a member to serve in any
future Parliament for the borough of Cardiff.
The “ district” borough of Swansea herein incorporated gained one addi-
tional member by virtue of s. 5 of the Act of 1885 and Sched. 3, and was
divided by S. 8 and Sched. 6 of the same Act.
[11. Description of the returning officers for the new boroughs. See this
section, post, Part W., “The Election.”]
[12–14, Sia Jºnights of the shire for Yorkshire: two for each riding. Four
knights of the shire for Lincolnshire. Counties of Cheshire, Cornwall, Cumber-
land, Derbyshire, Devonshire, Durham, Essea, Gloucestershire, Kent, Hampshire,
Lancashire, Leicestershire, Norfolk, Northumberland, Northamptonshire, Shrop-
shire, Somersetshire, Staffordshire, Suffolk, Surrey, Sussea, Warwickshire, Wilt-
shire, and Worcestershire to be divided, and to return two knights of the shire
for each division.—Superseded by Act of 1885. Seo S. 9 of that Act and
Sched. 7.]
REFORM ACT, 1832.
249
15. In all future Parliaments there shall be three knights of the
shire, instead of two, to serve for each of the counties enumerated in
the Schedule marked (F. 2.) to this Act annexed, and two knights
of the shire, instead of one, to serve for each of the counties of
Carmarthen, Denbigh, and Glamorgan.
The counties onumerated in Schedule (F. 2.) are Berkshire, Buckingham-
shire, Cambridgeshire, Dorsetshire, Herefordshire, Hertfordshire, and Oxford-
shire, the representation of which is now regulatod by the Act of 1885.
16. The Isle of Wight in the county of Southampton shall for
the purposes of this Act be a county of itself, separate and apart
from the county of Southampton, and shall return one knight of
the shire to serve in every future Parliament; and that such
knight shall be chosen by the same classes and descriptions of
voters, and in respect of the same several rights of voting, as any
knight of the shire shall be chosen in any county in England;
and that all elections for the said county of the Isle of Wight
shall be holden at the town of Newport in the Isle of Wight, and
the sheriff of the Isle of Wight, or his deputy, shall be the
returning officer at such elections.
17. For the purpose of electing a knight or knights of the
shire to serve in any future Parliament, the east riding of the
county of York, the north riding of the county of York, the
parts of Lindsey in the county of Lincoln, and the several counties
at large enumerated in the second column of the Schedule
marked (G.) to this Act annexed, shall respectively include the
several cities and towns, and counties of the same, which are
respectively mentioned in conjunction with such ridings, parts,
and counties at large, and named in the first column of the said
Schedule (G.).
Compare s. 2 and Sched. 1, Part II., of the Act of 1885.
[18–82, For the remaining unrepealed sections of this Act see ante, Part II.,
“Qualification of Electors,” and post, Part W., “The Election.”]
SCHEDULES to which the foregoing Act refers.
SCHEDULE (A)
2 Will. 4,
c. 45.
Certain coun-
ties to return
three knights
of the shire.
Isle of Wight
severed from
Hampshire,
to return a
a member.
Towns which
are counties
of themselves
to be included
in adjoining
counties for
county
elections.
Section 1.
IBOROUGIIs.
Old Sarum. West Looe. Queenborough.
Newtown. St. Germain's. Castle Rising.
St. Michael's or Mid- Newport. East Grinstead.
shall. Blechingley. Higham Ferrers.
Gatton. Aldborough. Wendover.
I}ramber. Camelford. Weobly.
Bossiney. Hindon. Winchelsea. f
Dunwich. East Looe. Trºgony.
Ludgershall. Corſe Castle. Haslemere.
St. Mawe's. Bedwin (Great). Saltash.
13ccralston. Yarmouth. Orford.
IPART III.—ISI, ECTORAT, AREAS.
Section 2.
Section 3.
Scotion 4.
SCIII.DULE (A.)—continued.
Poroughs—continued.
Callington.
Newton.
Ilchester.
Boroughbridge.
Stockbridge.
Romney (Now).
Iledon.
I’lympton.
Ashburton.
IIythe.
Seaſord. Aldeburgh.
Heytesbury. Minehoad.
Steyning. 13ishop's Castle.
Whitchurch. Okehampton.
Wootton Iłassett. Appleby.
1)ownton. I lostwithiel.
I'owey. I3rackley.
Milborno Port. Amersham.
SCHEDULE (B.)
ISOROUGIIs.
Jhristchurch. Arundel.
Great Grimsby. Dartmouth.
Lyme Regis.
tº ºr A * * ***** * * *-
SCIII.DULE (C.)
130RouqLIS.
Manchester (Lancashiro).
Birmingham (Warwickshire).
Ileeds (Yorkshire).
Greenwich (Kent).
Sheffield (Yorkshire).
Sunderland (Durham).
1)evonport (Devonshire).
Wolverhampton (Staffordshire).
Tower IIamlets (Middlesex).
Finsbury (Middlesex).
Mary-le-bono (Middlesex).
Iambeth (Surrey).
13olton (Lancashire).
Bradford (Yorkshire).
Blackburn (Lancashire).
Brighton (Sussex).
IIalifax (Yorkshire).
Macclesfield (Cheshire).
Oldham (Lancashire).
Stockport (Cheshire).
Stoke-upon-Trent (Staffordshire).
Stroud (Gloucestershire).
SCIIEDULE (D.)
130ROUGIIS.
Ashton-under-Lyne (Lancashire).
13ury (Lancashire).
Chatham (Kent).
Jheltenham (Gloucestershire).
Dudley (Worcestershire).
I'romo (Somersetshire).
Gateshead (Durham).
I ſuddersfield (Yorkshire).
IKidderminster (Worcestershire).
Kondal (Westmoreland).
Rochdale (Lancashire).
Salford (Lancashiro).
South Shields (Durham).
Tynemouth (Northumberland).
Wakefield §
Walsall (Staffordshire
Warrington (Lancashire).
Whitby (Yorkshire).
Whitehavon (Cumberland).
Merthyr Tydvil, Glamorganshire.
I'EFORM ACT, 1832.
251
SCHEDUIE (E.)
2 Will. 4,
c. 45
Places sharing in the Election
of Members.
Shire-towns or
Principal Boroughs.
>{ º ir, -º-º-º-º-º-º-º-º-
County in which Section 8.
such Boroughs are
situated.
Amlwch, e
Ilolyhead sharing with I}caumaris ..., | Anglesey.
ſlangeſhi
Aberystwith - -
Lampeter sharing with | Cardigan ... Cardiganshire.
Adpar
Llanelly . . . . sharinº, with | Carmarthen ... | Carmarthenshire.
J’wllheli
Nevin - - -
Conway sharing with | Caernarvon ..., | Caernarvonshire.
Bangor
Criccieth
Ruthin - * I .
Holt sharing with Denbigh ... Denbighshire.
Town of Wrexham
l{hyddlan
()verton
Caerwys
(aergwrley
St. Asaph
Holywell
Mold
sharing with
Cowbridge
Llantrissant
S
haring with
Ilanidloes
Welsh Pool
Machynlleth
Llanfyllin
Newtown
sharing with
Narberth • º
‘Y ºn tº SIl{LI'II) Cº. -
l'ishguard sharing with
Tenby
Wiston sharing with
Town of Milford
Knighton
Rhayder
Kevinleece
l{nucklas
Town of Presteigne
sharing with
Flint .. e to
Cardiff ..., & tº
Montgomery ..
Haverfordwest
Pembroke * *
lèadnor.. & tº . I,
l"lintshire.
Glamorganshire.
Montgomeryshire.
Pembrokeshire.
Pembrokeshire.
Radnorshire.
252
PART III.-ELECTORAL AREAS.
2 Will. 4,
c. 45.
SCHEDULE (E. 2.)
Places sharing in
the Election of Members,
Places therein from which the Seven Miles
are to be calculated.
Newport .. e e
Usk tº to
Aberystwith
Lampeter ..
Adpar
Pwllheli
Nevin e e
Conway
Criccieth
Ruthin
Holt tº c
Rhyddlan .
Overton
Caerwys
Caergwrley e
Cowbridge tº ſº
Llantrissant
Tenby
Wiston
Knighton ..
Rhayder
Kevinleece º ..
Knucklas ..
Swansea tº tº
Loughor .. © tº
Neath
Aberavon ..
Ken-fig
The Market Place.
The Town Hall.
The Bridge over the Rheidal.
The Parish Church.
The Bridge over the Teivi.
The Guildhall.
The Parish Church.
The Parish Church.
The Castle.
The Parish Church called St. Peter's.
The Parish Church.
The Parish Church.
The Parish Church.
The Parish Church.
The Parish Church of Hope.
The Town Hall.
The Town Hall.
The Parish Church.
The Parish Church.
The Parish Church.
The Market Place.
The Parish Church.
The site of the ancient Castle of Cnweglas.
The Town Hall.
The Parish Church.
The Town Hall.
The Bridge over the Avon.
The Parish Church of Lower Ken-fig.
SCHEDULE (G.)
Cities and Towns and Counties thereof.
Counties at large in
which Cities and Towns and Counties
thereof are to be included.
Carmarthen
Canterbury gº º
Chester & tº e
Coventry .. tº º • Q
Gloucester.. & ©
Kingston-upon-Hull
Lincoln gº tº
London .. tº o
Newcastle-upon-Tyne
Poole g tº
Worcester .. tº tº
York and Ainsty
Southampton
Carmarthenshire.
IKent.
Cheshire.
Warwickshire.
Gloucestershire.
East Riding of Yorkshire.
The Parts of Lindsey, Lincoln-
shire.
tº º Middlesex.
Northumberland.
e G Dorsetshire.
Worcestershire.
North Riding of Yorkshire.
Hampshire.
24 & 25 WICT. CAP. 112—BIRKENHEAD.
253
24 & 25 Vict. c. 112. An Act for the Appropriation of
the Seats vacated by the Disfranchisement of the
JBoroughs of Sudbury and Saint Albans.
|15th August, 1867.
[2–7, Division of West Riding of Yorkshire: Southern Division of Lanca-
shire to return three members instead of two.--Superseded by S. 9 and Sched. 7
of Act of 1885, post.]
9. Birkenhead in the county of Cheshire, shall for the purpose
of this Act, be a borough, and from and after the 1st day of
December, 1861, return one member to serve in Parliament ; it
shall as such borough include the places following; that is to
say, the extra-parochial chapelry of Birkenhead, the several
townships of Claughton, Tranmere, and Oxton, and so much of
the township of Higher Bebbington as lies to the eastward of
the road leading from Higher Tranmere to Lower Bebbington.
These boundaries remain unaltered.
30 & 31 Vict. c. 102.
REPRESENTATION OF THE PEOPLE ACT, 1867.
An Act further to amend the Laws relating to the Repre-
sentation of the People in England and Wales.
[6th August, 1861.
Whereas it is expedient to amend the laws relating to the
Representation of the People in England and Wales: BE IT
ENACTED, as follows:—
1. This Act shall be cited for all purposes as “The Represen-
tation of the People Act, 1867.”
2. This Act shall not apply to Scotland or Ireland, nor in any-
wise affect the election of members to serve in Parliament for
the Universities of Oxford or Cambridge.
PART I.
FRANCHISES.
[3–11. See these sections, ante, p. 35, Part I., “Qualification of Electors.”
[12. Boroughs of Totnes, Reigate, Yarmouth, and Lancaster
to cease to return members after end of present Parliament.]
For re-establishment of Great Yarmouth as a borough returning one
member, see s. 6 and Sched. 4 of the Act of 1885.
[13–16, Disfranchisement of electors in the above disfranchised boroughs.
See these sections (repealed by the Act of 1885), ante, Part I., “Qualification
of Electors.”]
24 & 25 Wict.
c. 112.
Birkenhead.
30 & 31 Vict.
c. 102.
Short title.
Application
of Act.
254
T2AIR'ſ III.-ISLE()"I'()RAI, A.R.I.A.S.
30 & 3 | Vict.
c. 102.
Boroughs to
return one
member each.
New borough :
Chelsea.
Registers of
voters for
new boroughs.
Merthyr
Tydfil, Salford,
and Tower
Hamlets.
Registers of
voters ſor
Hackney and
Tower
Hamlets.
DART II.
DISTRIBUTION OF SEATs.
17. From and after the end of this present Parliament, no
borough which had a less population than ten thousand at the
census of one thousand eight hundred and sixty-one shall return
more than one member to serve in Parliament, such boroughs
being enumerated in Schedule (A.) to this Act annexed.
[18. Manchester, Liverpool, Birmingham, and Leeds to return three members
each. I'or increased numbers, see Act of 1885, S. 8, and Sched. 6.]
19. Each of the places named in Schedule (B.) to this Act
annexed shall be a borough, and, until otherwise directed by
Parliament, each such borough shall comprise such places as are
specified and described in connection with the name of each
such borough in the said Schedule (B.); and in all future Par-
liaments the borough of Chelsea, named in the said schedule,
shall return two members, and each of the other boroughs
named in the said schedule shall return one member to serve in
Parliament,
20. Tegistors of votors shall be formed in and after the year
one thousand eight hundred and sixty-eight, not withstanding
the continuance of this present Parliament, for or in respect of
the boroughs constituted by this Act, in like manner as if before
the passing of this Act they respectively had been boroughs
returning members to serve in Parliament.
21. From and after the end of the present Parliament, the
boroughs of Merthyr Tydfil and Salford shall each return two
members instead of one to serve in future Parliaments; and the
borough of the Tower Hamlets shall be divided into two divi-
sions, and each division shall in all future Parliaments be a
separate borough returning two members to serve in Parliament.
The said divisions shall be known by the name of the borough
of Hackney and the borough of the Tower Hamlets and, until
otherwise directed by Parliament, shall comprise the places men-
tioned in connection with each such borough in Schedule (C.)
hereto annexed.
Salford is divided into three divisions by the Act of 1885. Hackney is
lººd into three, and the Tower Hamlets into seven divisions by the Act of
§4),
22. Registers of voters shall be formed in and after the year
one thousand eight hundred and sixty-eight, notwithstanding
the continuance of this present Parliament, in respect of the
said boroughs of Hackney and of the Tower Hamlets constituted
under this Act in like manner as if such divisions had previously
REPRESENTATION OF THE PEOPLE ACT, 1867.
255
to the passing of this Act been separate boroughs returning
members to serve in T’arliament.
[23, Cheshire, Derbyshire, Devonshire, Essex, West Kent, North Lancashire,
South Lancashire, Lincolnshire, Norfolk, Somersetshire, Staffordshire, East
Surrey, and Yorkshire, each division to return two memberg.—Superseded by
Act of 1885. See s. 9 of that Act, and Sched. 7, p. 260.]
24. In all future Parliaments the University of London shall
return one member to serve in Parliament.
25. Every man whose name is for the time being on the
register of graduates constituting the convocation of the Uni-
versity of London shall, if of full age, and not subject to any
legal incapacity, be entitled to vote in the election of a member
to serve in any future Parliament for the said university.
[For remaining sections of this statute, see Parts I., II., and W.]
SCHEDULES.
SCHEDUDE (A.)
Boroughs to return One Member only in future Parliaments (a).
Honiton. Stamford. Huntingdon. Great Marlow.
Thetford. Chipping Wy- Maldon. T)evizes.
Wells. combe Buckingham. Hertford.
Evesham. Poole. Newport (Isle of Dorchester.
Marlborough. Knaresborough. Wight. Lichfield.
Harwich. Andover. New Malton. Cockermouth.
Richmond. Leominster. Tavistock. Bridgnorth.
Lymington. Tewkesbury. Lewes. Guildford.
Chippenham. Iludlow. Cirencester. Chichester.
Bridport. lłipon. Bodmin. Windsor.
(a) Of these boroughs, Honiton, Thet- remainder all but Windsor, by virtue
ford, and Wells ceased to return mem- of s. 2, of the Act of 1885.
bers before the Act of 1885; and of the
30 & 31 Wict.
c. 102.
University of
London.
Electors for
University of
London.
Section 17.
256.
PART III.—ELECTORAL AREAS.
30 & 31 Vict.
c. 102.
Section 19.,
SCHEDULE (B.)
New Boroughs.
4 Places to be Temporary Contents of
County, Boroughs. Boundaries (a).
MIDDLISEx ... Chelsea (b)
T)URHAM Darlington (c)
The Hartlepools
Stockton
KENT Gravesend
LANGASHIRE Burnley
LANGASHIRE AND s:
CHESHIRE } Staleybridge (c)
STAFFORDSHIRE Wednesbury (c)
Yº. sº Middlesborough
IDING} . .
Do. WEST RIDING | Dewsbury
(a) The boundaries were settled by
the Boundaries Act, 1868, 31 & 32
Vict. c. 46.
(b) Electoral area, divided into five
by Act of 1885. Chelsea, itself esta-
blished as a new borough by the same
Act, and also Fulham, Hammersmith,
and Kensington (see p. 270), Kensing-
ton having two divisions (see p. 282).
(c) Boundaries altered by Act of
1885, see p. 272.
}
REDISTRIBUTION OF SEATS ACT, 1885.
257
48 & 49 vict. c. 23.
REDISTRIBUTION OF SEATS ACT, 1885.
An Act for the Redistribution of Seats at Parliamentary
Elections, and for other purposes. [25th June, 1885.
Preliminary.
BE IT ENACTED as follows:
1. This Act may be cited as the Redistribution of Seats Act,
1885.
This Act effects a greater change than that effected by either the Act of
1832 or the Act of 1867, many more and much larger boroughs being deprived
of members, and many more members being given to the counties, this alter-
ation being made necessary by the great increase in the number of county
electors resulting from the additional qualifications—(1) by the occupation of
a dwelling-house, and (2) by the occupation of lodgings conferred by the
Representation of the People Act, 1884, p. 59. The net result of the Act in
this respect is to give the boroughs in England 237 instead of 297 members,
and the counties in England 253 members instead of 187.
Another very great change effected by the Act is the introduction of what
is called the “Single Seat System’’ into counties as well as into a large number
of boroughs, whereby a larger electoral area returning two or three members
is replaced by a smaller one returning one member only.
The representation of the English counties, except the Isle of Wight, is
constituted wholly by this Act; that of the English boroughs is constituted
partly by this Act, partly by the Act of 1867, partly by the Act of 1832, and
partly by the common law; that of the Welsh counties and boroughs chiefly
by 27 Hen. 8, c. 26, p. 244.
For complete table of Parliamentary boroughs and counties in England and
Wales, see p. 339.
PART I.
REDISTRIBUTION,
Boroughs.
2. From and after the end of this present Parliament the
Parliamentary boroughs named in the first part of the first
schedule to this Act” shall cease as boroughs to return any
member. -
Each of the counties of cities and towns in the second part of
the said schedule named shall, for the purpose of Parliamentary
elections, be included in the county at large named opposite
thereto in that part of the said schedule.
. The boroughs named in Part I. of Sched, 1, p. 267, which are 79 in number
in England, had not 15,000 inhabitants.
The voters for such boroughs will become voters for the division of the
County in which such borough is situate. See s. 17, post.
As to counties of cities and towns, compare s. 17 of the Reform Act, 1832,
S
48 & 49 Wict.
c. 23.
Short title.
Boroughs in
first schedule
to cease to re-
turn members.
* p. 267.
258
PART III.-ELECTORAL AREAS.
48 & 49 Wict.
c. 23, s. 2.
J}oroughs to
Jease.
Disfranchise-
ment of
Macclesfield
and Sandwich
for corruption.
Boroughs to
have numbers
of members
reduced.
p. 249. Without such a provision as that of this section, the counties in
question would be included in the general term “county.”
From and after the end of this present Parliament.] In law, any Parliament
may be dissolved at any time, and by the Septemnial Act, 1 Geo. 1, s. 2, c. 88,
post, I’art V., “The Election,” Parliaments continue for seven years and no
longer, unless sooner dissolved. Special provision is made by s. 30 of this
Act for a dissolution in such time as to admit of an election taking place upon
the registers to be formed in 1885 and any time after November 7th ; but
there is no necessity in law for the Crown to dissolve any sooner than as
required by the Septennial Act, nor, on the other hand, to postpone a dissolution
until an olection can take place under the new registers. As, however, under
this and other sections of this Act, the majority of existing Parliamentary
boroughs and counties are abolished as such, and such abolition carries with
it the abolition of the registers for such counties and boroughs, a dissolution
in the period intervening between such abolition and the formation of the
new registers would have the absurd practical result that an election could
take place only upon such registers as applied to Parliamentary counties and
boroughs left undisturbed by this Act, and therefore no such dissolution is
expected to take place in fact, although it would be perfectly valid in law.
3. Whereas commissioners appointed in the year one thousand
eight hundred and eighty, in pursuance of addresses to her
Majesty from both Houses of Parliament in relation to Parlia-
mentary elections for the Parliamentary boroughs named in
the third part of the first schedule to this Act, reported in that
year that corrupt practices had extensively prevailed in the
said boroughs at such elections, be it therefore enacted as
follows:—
After the passing of this Act each of the Parliamentary
boroughs named in the third part of the first schedule to this
Act shall cease to be entitled to return any member.
Macclesfield and Sandwich are the boroughs named in Sched. 1, Part III.
As to disfranchisement of certain persons in Macclesfield and Sandwich,
and also in Boston, Canterbury, Chester, Gloucester, Knaresborough, and
Oxford, for corrupt practices, see s. 28 and Sched, 8, ante, Part. I., p. 73.
As to re-enfranchisement of certain other persons disfranchised by corrupt
practices, see s. 27 and Sched. 8, Part I.
Great Yarmouth, which was disfranchised in 1867 by s. 12 of the Act of
1867, is re-enfranchised by this Act.
Writs for Boston, Canterbury, Chester, Gloucester, Macclesfield, Oxford,
and Sandwich wero suspended by successive Acts, of which the latest in date
was the Corrupt Practices (Suspension of Elections) Act, 1884, 47 & 48 Vict,
c. 78. Of these, Macclesfield and Sandwich are disfranchiscd by this Act, and
the others lose one member.
4. From and after the end of this present Parliament the
City of London shall return two members, and no more, and
each of the Parliamentary boroughs named in the second
schedule to this Act shall return one member, and no more.
Tho city of London heretofore returned four members, and by s. 10 of the
Act of 1867, p. 40, at a contosted election no person might vote for more than
three Qandidates. By 8, 16 of the Act of 1867, p. 43, persons are entitled to
be registerod if resident within 25 miles of the city of London. This Act
increases the number of members for the Motropolitan District from 22 to 59.
The boroughs named in the second schedule, which number 36 in Eng-
land, had not a population of 50,000 inhabitants.
REDISTRIBUTION OF SEATS ACT, 1885–NEw Boroughs.
259
5. From and after the end of this present Parliament each of
the Parliamentary boroughs named in the third schedule to this
Act * shall return the number of members named opposite to such
borough in the said schedule.
The boroughs named in the third schedule, which number 13 in England,
are each of them divided into several divisions, of which each division is to
return one member only, by S. 8, and Sched. 6.
6. From and after the end of this present Parliament each of
the towns and places named in the fourth schedule to this Act f
shall be a Parliamentary borough, and return the number of
members specified opposite thereto in the said schedule: and
each such new Parliamentary borough shall include the places
and be comprised within the boundaries specified opposite thereto
in the said schedule; and any Parliamentary borough existing
at the passing of this Act, which is wholly or as regards the
greater part thereof in extent comprised within the metropolis,
and within the boundaries of any Parliamentary borough or
boroughs constituted by this section, shall, from and after the
end of this present Parliament, cease to exist as a borough.
The towns and places named in the fourth schedule, which number 33 in
England, are divided, in cases where they return more than one member, into
Several divisions, of which each division is to return one member only, by
virtue of S. 8 and Sched, 6.
7.—(1.) From and after the end of this present Parliament
each of the Parliamentary boroughs named in the fifth schedule
to this Act f shall for all purposes of and relating to Parlia-
mentary elections include the places and be comprised within
the boundaries which are respectively specified and described
in the said schedule, and shall not include the places which are
either therein specified and described as excluded, or are in-
cluded by this Act in any other Parliamentary borough.
(2.) Where, by virtue of this section, any area is added to a
borough being a county of a city or of a town in which free-
holders are entitled to vote for the borough, that area shall, for
all purposes of and relating to Parliamentary elections held
after the end of this present Parliament, form part of the county
of a city or town, and not of the county at large of which it has
heretofore formed part.
The boroughs named in the fifth schedule number 42 in England.
The boundaries of the boroughs not so named remain as settled by the
Boundary Acts of 1832 and 1868: 2 Will. 4, c. 64, and 31 & 32 Vict, c. 46.
8.-(1.) From and after the end of this present Parliament
each of the Parliamentary boroughs mentioned in the sixth
Schedule to this Act $ shall, for the purpose of returning mem-
bers to serve for such borough in Parliament, be divided into
divisions.
(2.) The number of members for each division, and the
48 & 49 Vict,
c. 23.
Boroughs to
have additional
members.
* p. 269.
New boroughs.
f p. 270.
Boroughs
with their
boundaries
altered.
£ p. 272.
Division of
Parliamentary
boroughs.
§ p. 278,
S 2
260
PART III.—ELECTORAL AREAS.
48 & 49 Wict.
c. 25, S. 8.
Divided
Boroughs.
Polls on same
day.
* pp. 440, 442.
Division of
counties.
f p. 293.
Nomenclature.
Iach division
a separate
constituency. ]
number, names, contents, and boundaries of such divisions re-
spectively, shall be those specified in the said schedule.
(3.) Where any Parliamentary borough is divided into divi-
sions in pursuance of this section a person shall not be registered
as entitled to vote and shall not vote in more than one such
division.
(4.) At a general Parliamentary election the polls (if any)
for the divisions in a divided borough shall be taken on the
same day, such day to be fixed by the returning officer of the
borough, but nothing in this sub-section shall be taken to en-
large or extend the discretion vested in him by the Ballot Act,
1872, as to fixing the day of poll.”
As to day of nomination, &c., see S. 13, p. 517.
The boroughs named in the sixth schedule, which number 28 in England,
are all the boroughs in England (except the city of London, which returns
two members by s. 4) which return more than one member wmder this Act.
The Universities of Oxford and Cambridge continue to return two members,
as at common law, and so do Bath, Brighton, Blackburn, Bolton, Plymouth,
Preston and some others.
The almost complete introduction of what is called the “Single Seat System”
by this and the next section constitutes the leading feature of this Act. At
common law the representation was by two members, and this principle of
double representation, though broken in upon by 27 Hen. 8, c. 26, p. 244 (as to
Wales) and by the Acts of 1832 and 1867, has hitherto remained the greatly
prevailing one.
Counties.
9.—(1.) From and after the end of this present Parliament,
each of the counties at large named in the seventh schedule to
this Act f shall return the number of members in that behalf
named in the said schedule; and for the purpose of returning
such members, if more than one, shall be divided into the same
number of divisions as the number of members; and each divi-
sion shall return one member; and the divisions (if any) of such
county existing at the passing of this Act for the purpose of
Parliamentary elections shall cease.
(2.) The names, contents, and boundaries of such divisions
respectively shall be those specified in the said schedule, and
any name placed before the description of a division shall be
the name of the division, and where the names of the divisions
are in the alternative, the division may be designated by both
or either of such names for all purposes.
3.) Subject to the provisions of this Act the members for
each such division of a county shall be elected by persons quali-
fied in the same manner, and the nomination and other pro-
ceedings at Parliamentary elections for such division shall be
conducted in the same manner as if such division were a
separate constituency, and the law relating to Parliamentary
elections shall apply to each such division as if it were a sepa-
rate county. - -
The counties named in the seventh schedule are all the Parliamentary
counties in England except the Isle of Wight, Rutland and the Isle of Wight
REDISTRIBUTION OF SEATS ACT, 1885–SUCCESSIvº OCCUPATION.
261
(p. 249) being the only counties not divided. In Wales the divided counties
are Carmarthen, Carnarvon, Denbigh, and Glamorgan, the other Welsh
counties being undivided. See p. 245.
As to introduction of the “Single Seat System,” see note to last section.
Hitherto all the counties named in the seventh schedule returned two mem-
bers at the least, many of them being divided into divisions, each division
returning in most cases two members apiece. See s. 14 of the Act of 1832 and
S. 23 of the Act of 1867.
Nomination, &c.] It follows from sub-s. 3 that the election for each divi-
sion may be held, and the poll taken on a separate day.
PART II.
SUPPLEMENTAL PROVISIONS.
10. The occupation in immediate succession of different pre-
mises situate within a Parliamentary borough shall, for the
purpose of qualifying a person for voting in any division of
such borough in respect of occupation (otherwise than as a
lodger), have the same effect, as if all such premises were situate
in that division of the borough, in which the premises occupied
by such person at the end of the period of qualification are
situate. -
See this section and note, ante, Part I., p. 72.
11. The borough of Warwick shall be called Warwick and
Leamington.
The law relating to the elections for the Parliamentary borough
of Pembroke shall apply as if the places comprised in the area
of the present Parliamentary borough of Haverfordwest were
named in the Act of the session of the second and third years
of the reign of King William the Fourth, chapter forty-five, as
places sharing in the election of a member for Pembroke, and
the borough shall be called Pembroke and Haverfordwest.
See s. 8 of 2 Will. 4, c. 45, and Sched. E., ante, p. 251.
[12, 13. Returning officers in boroughs constituted under this
Act, and in boroughs divided by this Act.
See these sections, post, Part W., “The Election,” and for parts of the
Sections relating to Registration, see also ante, Part II., “Itegistration of
Jölectors.”]
[14. Registration of freemen in divided borough.
See this section, ante, p. 237, Part II., “Registration of Electors.”]
15. I'or the purposes of the provision of the schedule to the
Corrupt and Illegal Practices Plevention Act, 1883, with respect
to the voting of any paid election agent, sub-agent, polling
agent, clerk, or messenger, a Parliamentary borough divided
into divisions shall be deemed to form one borough, and any
such agent, clerk, or messenger employed for payment at an
48 & 49 Wict.
c. 23.
Successive
occupation in
divided
borough.
Warwick and
Pembroke.
Returning
officers.
Adaptation of
Corrupt
Practices Act
to divided
borough.
262
PART III.-ICLECTORAL AREAS.
48 & 49 Vict.
c. 23.
-
Detached parts
of parishes.
Marking of
boundaries
where they
do not follow
well-defined
lines.
Adaptation of
writs.
election for any division may not vote in any other division of
the borough.
[16. Place of election.
See this section, Part W., “The Election.”]
[17. Savings of rights of voters on change of Parliamentary
9,I’(28.
See this section, ante, Part II., “IRogistration of Electors,”]
18. Any such constitution of new parishes or division or
alteration of boundaries of parishes made for poor law purposes
by or in pursuance of any Act of Parliament, as has come into
operation on or before the twenty-sixth day of March one
thousand eight hundred and eighty-five, and any alteration of
the boundary of a county which is incidental to such constitution,
division, or alteration, shall have effect also for all purposes of
the law relating to Parliamentary elections for any future Par-
liament.
[19. Formation of register in year 1885.
See this Section, ante, Part II., “IRegistration of Electors.”]
20.-(1.) Where the boundary of a Parliamentary borough
or division of a borough does not follow the boundary of a parish
Or township, or other well-defined line of demarcation, the
local authority having power to divide such borough into poll-
ing districts shall, as soon as may be after the passing of this
Act, cause the several points of deviation of the boundary to be
marked by means of boundary stones, posts, or other marks,
which shall from time to time be maintained and renewed by
such local authority.
(2.) For the purposes of this section, any officer authorized
in that behalf by the local authority, may, by himself and his
Workmen, enter upon any lands, doing as little damage as pos-
sible, and making compensation for such damage, the amount of
such damage to be determined in case of dispute in manner
provided by the Lands Clauses Consolidation Acts, with respect
to disputed compensation for land.
(3.) All expenses properly incurred by a local authority in
pursuance of this section shall be defrayed as part of the
expenses of the town clerk in the registration of voters for the
Parliamentary borough.
21. All writs to be issued for Parliamentary elections, and
all mandates, precepts, instruments, proceedings, and notices
consequent upon such writs, or relating to Parliamentary elec-
tions or the registration of voters, shall be framed and expressed
in such manner and form as may be necessary for carrying into
effect the provisions of this Act, and of the Representation of
the T’eople Act, 1884.
REDISTRIBUTION OF SEATS ACT, 1885–DEFINITIONs.
263
22. Subject to the provisions of this Act, the law now in
force relating to Parliamentary elections shall remain in full
force, and shall apply, as nearly as circumstances admit, to any
constituency authorized by this Act to return a member or
members to Parliament as if it had heretofore returned such
members to Parliament.
23. In the schedules to this Act, unless the context other-
wise requires, the following expressions have the meanings
hereby assigned to them, that is to say : —
The expression “county’ means a county at large.
The expression “sessional division * means a county petty
sessional division as existing on the first day of January, one
thousand eight hundred and eighty-five, exclusive of any muni-
cipal borough having a separate commission of the peace which
is geographically situate within that division, and a “county
petty sessional division ” means any division of a county, or of
a riding, division, or parts of a county, in and for which division
petty sessions or special sessions are usually held, whether in
one or more place or places in accordance with any Act of Par-
liament, custom, or otherwise.
All towns corporate and places, which are not included in a
sessional division as above defined and are not expressly
mentioned in the schedules to this Act, shall be considered
as included in the sessional division which they adjoin, or if
they adjoin more than one sessional division, then in the
sessional division with which they have the longest common
boundary.
Where a parish, townland, or other place with a definite
boundary, whether larger or smaller than a parish or townland,
is situate in a county or borough divided into Parliamentary
divisions, and such parish, townland, or other place is not, in
the schedules to this Act, included in any of the Parliamentary
divisions of the county or borough in which it is situate, such
parish, townland, or place shall be considered as included in
that one of those Parliamentary divisions which it adjoins, or
if it adjoins more than one of such divisions, then in that one
of the said divisions with which it has the longest common
boundary.
Where a Parliamentary division of a county or borough is de-
Scribed in any schedule to this Act as containing the whole of
a sessional division, barony, or other area, with the exception of
the portion comprised in another Parliamentary division of the
same County or borough, and by reason of such description in-
cludes a parish, townland, or ward, or part of a ward, separated
from the rest of the first-mentioned Parliamentary division by
the whole or part of the said portion comprised in the other
Parliamentary division, such parish, townland, ward, or part of
a ward, shall, notwithstanding the said description, form part of
the other Parliamentary division, as if it had been included in
the said exception.
48 & 49 Wict.
c. 23.
Election laws
to remain in
force.
Definition of
expressions in
schedules.
“Sessional
division.”
264
l’ART III.-ELECTORAL AlèEAS.
48 & 49 Wict.
c. 23, s. 23.
J)ofinition of
Terms in
Schcdules. .
I)etermination
of doubts as to
in which
division any
place is.
Misnomer.
“Parliament-
3 y
ary borough.
“Municipal
borough.”
“I)istrict,” in
metropolis,
“I.ocal
Government.
district.”
If any doubt arises as to the Parliamentary division of a county
or borough in which any parish, townland, ward, or other place,
whether larger or smaller than a parish, townland, or ward, is
intended by the schedules to this Act to be included, such doubt
shall be determined for the year one thousand eight hundred and
eighty-five by the local authority having power to divide the
said county or borough into polling districts, but in the case of
a Parliamentary division of a county in Ireland, by the Local
Government Board for Ireland, by order made after local in-
quiry, and taking effect when made; and for subsequent years,
on the application of any voter, shall be determined by an order
of the Local Government Board for England or Ireland rospec-
tively, or in Scotland of one of her Majesty's Trincipal Secretaries
of State to be made after local inquiry, and to be confirmed by
Parliament. -
Any misnomer or inaccurate description in any of the schedules
to this Act shall not in anywise prevent or abridge the operation
of this Act with respect to the subject of such description,
provided the same is so designated as to be commonly under-
stood.
The expression “Parliamentary borough " means the area
comprised within the limits of a T’arliamentary borough, and in
the case of boroughs the limits of which are altered by this Act
means the area comprised within the limits so altered, and in
the case of a T’arliamentary borough constituted by this Act
means the area comprised within the limits of the Parliamentary
borough as so constituted : Provided that where reference is
made to a present I’arliamentary borough, such reference shall
be to the area comprised in the limits of a Parliamentary borough
on the first day of January one thousand eight hundred and
eighty-fivo.
The expression “municipal borough " means as regards Eng-
land the area on the first day of January one thousand eight
hundred and cighty-five comprisod within the limits of a muni-
cipal borough under the Municipal Corporations Act, 1882; and
as regards Scotland means the area subject on the first day of
January one thousand eight hundred and cighty-five to the
jurisdiction of the magistrates and town council of a burgh ;
and as regards Ireland, means the area on the said day comprised
within the limits of a borough under the Act of the third and
fourth years of the reign of her present Majesty, chapter one
hundred and eight, and the Acts amending the same.
The expression “municipal borough boundary" means the
boundary of a municipal borough.
The expression “district,” in relation to any place in the
metropolis, means the district of a district board of works under
the Metropolis Management Act, 1855, as described in Schedule B.
to that Act.
The expression “local government district’ means the area
on the first day of January one thousand eight hundred and
REDISTRIBUTION OF SEATS ACT, 1885-–DEFINITIONs.
265
eighty-five comprised within the limits of any local government
district as defined by the Public Health Act, 1875.
The expression “ward” in relation to any place in the metro-
polis as defined by the Metropolis Management Act, 1855, means
a ward as constituted on the first day of January one thousand
eight hundred and eighty-five, for the purpose of the election of
vestrymen.
The expression “ward” in relation to any place not in the
metropolis means a ward of the municipal borough in reference
to which the expression is used, as such ward was constituted
on the first day of January one thousand eight hundred and
eighty-five, for the purpose of municipal elections.
The expression “Parliamentary polling district” means a
polling district of a Parliamentary borough as such district was
constituted on the first day of January one thousand eight hun-
dred and eighty-five for the purpose of Parliamentary elections.
The expression “municipal polling district’ means a polling
district of a municipal borough, as such district was constituted
on the first day of January one thousand eight hundred and
eighty-five, for the purpose of municipal elections.
The expression “parish ’ means as regards England and Scot-
land a parish as constituted on the first day of January one
thousand eight hundred and eighty-five, for which a separate
poor rate is or can be made, or for which separate overseers or a
Separate parochial board are or can be appointed, and as regards
Ireland means a parish as appearing on the maps of the Ordnance
Survey and as adopted in the census. -
Where reference is made in any schedule to a parish, town-
land, or barony which extends beyond a county at large or Par-
liamentary borough in relation to which such parish, townland,
or barony is mentioned, the reference shall, unless otherwise
expressed, be construed to refer only to such part of the parish,
townland, or barony as is in the said county or borough.
The expression “present” means on the first day of January
one thousand eight hundred and eighty-five.
5 y
24. In this Act, unless the context otherwise requires,-
The expression “member " means a member to serve in Par-
liament, and includes a knight of a shire.
The expression “Parliamentary election ” means the election
of a member or members.
The expression “law relating to Parliamentary elections”
includes all laws, customs, and enactments relating to Par-
liamentary elections, inclusive of the law respecting the
qualification and registration of voters.
The expression “Lands Clauses Consolidation Acts” means
the Lauds Clauses Consºlidation Act, 1845, and the Acts
almonding the same.
The expression “the Registration Acts” has the same mean-
ing as in the Representation of the People Act, 1884.
48 & 49 Wict.
c. 23.
“ Ward.”
“ Parliament-
ary polling
district.”
“Municipal
polling
district.”
“ Parish.”
‘‘ Present.”
Definitions of
expressions in
the Act.
266 PART III.-ELECTORAL AREAS.
48 & 49 Vict.
c. 23. Application to Scotland.
Application of 25. This Act shall apply to Scotland, with the following
Act to Scot- modifications : —
land. (1.) The sheriff shall be substituted for “the local authority
having power to divide a county or Parliamentary
borough into polling districts,” and also for the “re-
vising barrister.”
8 & 9 Vict. (2.) The expression “Lands Clauses Consolidation Acts”
c. 19. means the Lands Clauses Consolidation (Scotland) Act,
1845, and the Acts amending the same.
(3.) Where by the operation of this Act any Royal or Parlia-
mentary burgh ceases as a burgh to return or to con-
tribute to return a member to Parliament, nothing in
this Act shall affect in any other respect the rights and
privileges of such burgh as a Royal or Parliamentary
burgh, or the rights, privileges, and functions of the
magistrates, town council, and officers thereof.
Application to Ireland.
Application of 26. This Act shall apply to Ireland, with the following modi-
Act to Ireland. fication :-
In the case of a Parliamentary borough, the town council or
town commissioners shall be substituted for “the local
authority having power to divide a Parliamentary borough
into polling districts.”
DART III.
DISQUALIFICATION OF WOTERS FOR CORRUPT PRACTICES.
[27, 28. See these scetions, ante, Part I., “Qualification of Electors.”]
PART IV.
ACCELERATION OF REGISTRATION IN 1885.
[29–34. Seo those sections, so far as they relate to England, ante, Part II.,
“Registration of Electors.”]
REDISTRIBUTION OF SEATS ACT, 1885.
267
IFIRST SCHEDULE.
[Note by Editors.--For definitions, see s. 23.]
PART I.
Boroughs To CEASE AS SUCH.
Borough. County. Borough. County.
ENGLANI). ENGLAND–contal.
Abingdon . . . Derks and Oxford. | Helston Cornwall.
Andover Southamptom. Hertſord Hertford.
Aylesbury Buckingham. Horsham Sussex.
Banbury . Oxford and North- || Huntingdon Huntingdon.
ampton, Kendal Westmoreland.
Darnstaple Devon. Knaresborough York, West lºiding.
Deaumaris (dis- || Anglesey. Launceston Cornwall.
trict) - Leominster . . Hereford.
13crwick-upon- Ilewes. Sussex.
Tweed. Lichfield
Bewdley Worcester. Liskeard Cornwall.
Bodmin , Cornwall. Ludlow Salop and Here-
Brecom Brecom. ford.
I3ridgnorth Salop. Tymington Southampton.
Bridport J)orset. Maldom Essex.
13uckingham Buckingham. Malmesbury Wilts.
Calne . . . Wilts. Malton York, North
Cardigan (dis- | Cardigan, Pem- Riding and East
trict). broke, and Car- Riding.
marthen. Marlborough . . Wilts.
Chichester Sussex. Midhurst . Sussex.
Chippenham . Wilts. Newark Nottingham.
Chipping Wy- | Buckingham. Newport Isle of Wight.
combe. New Shoreham | Sussex.
Circhcester Gloucester. Northallerton York, North
Clitheroe Lancaster. Riding.
Cockermouth . . Cumberland. Petersfield Southampton.
Cricklade . Wilts and Glou– | Poole . . | Dorset.
coster. Radnor (district) Radnor and Here-
Devizes Wilts. ford.
Dorchester Dorset. Richmond York, North
l)roitwich Worcester. l{iding.
Iºast Retſord . . Nottingham and | Ripon . York, West Riding.
York. Rye Sussex.
ºvesham . Worcester. St. Ives . Cornwall.
lºye Suffolk. Shaftesbury Dorset and Wilts.
Frome . | Somerset. Stamford . Lincoln and
Great Marlow | Buckingham and Northampton.
I3erks. Stroud Gloucester.
Guildford , Surrey. Tamworth Stafford and War-
Harwich Iºssex. wick.
Hayerſordwest | Pembroke. Tavistock . !)evon.
(district). Tewkesbury Gloucester.
48 & 49 Wict.
c. 23.
[See s. 2.]
268
PART III.-ELECTORAL AREAS.

48 & 49 Vict.
c. 23.
Schedule 1.
Boroughs to
Cease.
Schedule 1.
Section 3.
Section 2.
Borough County. Borough. County.
ENGLAND–contal. IRELAND.
Thirsk York, North | Armagh Armagh.
Riding. Athlone Westmeath and
Tivorton Devon. Roscommon.
Truro . . Cornwall. Randon Cork.
Wallingſord Berks and Oxford. | Carlow Carlow and
Wareham . Dorset. Quccn's.
Wenlock Salop. Carrickfergus.
Westbury . . Wilts. Clonmel Tipperary and
Weymouth and Dorset. Waterford.
Melcombe Coleraine . Londonderry.
Regis. *. Downpatrick . . Down.
Whitby York, North | Drogheda . .
IRiding. l)undalk Louth.
Wilton Wilts. Dungannon Tyrone.
Woodstock Oxford. Dungarvan Waterford.
I'mnis . . Clare.
Finniskillen Fermanagh.
ICinsale . Cork.
SCOTLAND. Lisburn Antrim and Down.
Mallow Cork.
IIaddington Haddington, Tox- || New IRoss Wexford and Kil-
(District of burgh, and Ber- kenny.
Burghs). wick. Portarlington . Quecn's and King's.
Wigtown Wigtown and | Tralee . Kerry.
(District of Kirkcudbright. Wexford Wexford.
13urghs). Youghal Cork.
PART II.
EACH County of a City or of a Town named below shall, for the purpose of
Parliamentary Elections, be included in the County at large placed opposite
to it.

Countyof City or Town.
County at large in which it is to be
included.
Berwick-upon-Tweed Northumberland.
llaverfordwest . Pembroke.
Lichfield . Stafford.
Carlick ſergus Antrim.
Drogheda Louth.
PART III.
Borougus DISTRANCHISED FOR CORRUPTION.
Macclesfield.
Sandwich.
REDISTRIBUTION OF SEATS ACT, 1885–2ND AND 3RD SCHEDULEs.
269
SECOND SCHED ULE.
****
DoROUGHS TO LOSE ONE MEMBER.
ENGLANT).
Bedford.
Boston.
Bury St. Edmunds.
Cambridge.
Canterbury.
Carlisle.
Chester.
Colchester.
Coventry.
Dover.
Durham.
Exeter.
Gloucester.
Grantham.
Hastings.
Hereford.
King's Lynn.
Lincoln.
Maidstone.
Newcastle-under-Lyme.
Oxford.
48 & 49 Vict.
c. 23.
[See S. 4.]
BNGLAND–contal.
Penryn and Falmouth.
Peterborough.
Pontefract.
Reading.
Rochester.
Salisbury.
Scarborough.
Shrewsbury.
Stafford.
Stoke-upon-Trent.
Taunton.
Warwick.
Wigan.
Winchester.
Worcester.
IRELAND. .
Galway.
Limerick.
Waterford.
THIRD SCHEDULE.
[See s. 5.]
*** ****
BoROUGHS TO HAVE ADDITIONAL MEMBERs.
Total Total
Name of Borough. Number of Name of Borough. Number of
Members. Members.
ENGLAND.
Birmingham Seven. SCOTLAND.
Bradford Three.
Bristol e tº $ tº e Four. Aberdeen.. Two.
Kingston-upon-Hull .. Three. Edinburgh Four.
Leeds .. Five. Glasgow .. Seven.
Liverpool . ſo Nine.
Manchester g tº º ſº Six.
Nottingham Three.
Salford Three.
Sheffield Five.
Southwark Three. IRELAND.
Swansea & & Two.
Tower Hamlets Seven. Belfast Four.
Wolverhampton Three. Dublin Tour.
270
PART III.—ELIECTORAL AREAS.
48 & 49 Wict.
c. 23.
Schedulo 4.
New Boroughs.
---
[See s. 6.]
FOURTH SCIII) DULE.
[Note by I'ditors.-For deſinition of “Local Government District,” &c., in
this and other Schodules, see s. 23.]
NIEw Iłoſtoughs.
Number
County. of Mem-
ber 8.
Jontents and I3oundaries of
Parliamentary Borough.
Name of Parlia-
mentary Borough.
Aston Mamor ... Warwick .. One | Local government district of
Aston Manor.
Barrow-in-Fur- Lancaster .. Ono Municipal borough of Barrow-
Il C88 . . . . in-I'urneSH.
13attersea and Surrey ... Two Parish of St. Mary, Battersea,
Clapham. and the parish of Clapham.
Bethnal Green ... | Middl sex Two | Parish of St. Matthew, Bethnal
Green.
Camberwell ... Surrey ... | Thrco Parish of St. Giles', Camber-
well, and the hamlet of Penge.
Chelsea ... ... | Middlesex One | Parish of St. Luke, Chelsea.
Croydon ... ..., | Surrey .. Quo || Municipal borough of Croydon.
Deptford ... ... Kent and One | Parish of St. Paul, I)eptſord,
Surrey. inclusive of Hatcham.
ſ' Parish of St. Luke, Middlesex.
l'arish of St. James and St.
John, Clerkenwell.
Holborn District,
St. Giles' 1)istrict.
Gray’s Inn.
Charter IIouse.
Turnival's Inn.
Staple Inn.
- \! I incoln's Inn.
I'ulham ... ... | Middlesex One | Parish of Fulham.
Municipal borough of Great
Yarmouth,including the whole
of the parish of Gorleston, and
So much of the parish of IRun-
ham in the county of Norfolk
as is included in the following
boundary, that is to say, from
| the point where the north
\ boundary of the parish of
Great Yarmouth | Norfolk and One || "º",º the ºtre
Suffolk. of New Road in a straight
line north-easterly to the
boundary of the parish of
Acle touching the north-west
corner of the Manure Works,
themco eastward along the
boundary of the parish of
Acle until it reaches the pre-
sent boundary of the Mumi-
ū cipal Borough.
Finsbury ... ... | Middlesex Thrcc".
TEDISTRIBUTION OF SEATS ACT, 1885–SoHED. 4.
271
.. t Number
Name of Parlia-
mentary Borough. County. of Mem-
bers.
Greenwich ... Kent tº ſº One
IIackney . . . . . Middlesex Three
IIammersmith ... Middlesex One
Hampstead ... Middlesex One
IIanley ... ... Stafford .. One
Islington ... ... Middlesex Tour
Kensington Middlesex Two
Lambeth ... ... Surrey ... Four
Lewisham ... I ICent One
Marylebone ... Middlesex Two
Newington ... Surrey ... | Two
Paddington ... Middlesex Two
St. George, Han- Middlesex One
over Square.
St. IIelen's ... Lancaster.. One
St. Pancras ... | Middlesex Four
Shoreditch ..., | Middlesex Two
Strand . . . . . Middlesex Ome
Wandsworth ... Surrey .. One
West l?romwich | Stafford .. One
West IIam ..., | Essex Two
Westminster ... | Middlesex ()ne
Woolwich Kent ()ne
Contents and Boundaries of
Parliamentary Borough.
Parish of Greenwich.
Parish of St. Nicholas, Dept-
ford.
Parish of Charlton.
Parish of Kidbrooke.
ſlackncy District.
Parishes of St. Peter and St.
Paul, ILammersmith.
Parish of St. John, Hampstead.
The municipal boroughs of
IIanley and Burslem, and so
much of the present parlia-
mentary borough of Stoke-
upon-Trent as lies to the
north of Hanley, and is not
included in the local govern-
ment district of Tunstall.
Parish of St. Mary, Islington.
Parish of St. Mary Abbotts,
Kensington.
Parish of St. Mary, Lambeth.
Parish of Tewisham and the
parish of Lee.
Parish of St. Marylebone.
Parish of St. Mary, Newington.
Parish of Paddington.
Parish of St. George, Hanover
Square.
The municipal borough of St.
Helen's.
Parish of St. Pancras.
Parish of St. Leonard, Shore-
ditch.
Strand district, parish of St.
James, Westminster, and
l'arish of St. Martin-in-the
Fields.
Parish of Wandsworth.
Parish of Tooting Gravency.
Parish of Streatham, and
Parish of Putney, including
Roehampton.
The municipal
West Bromwich.
The local government district
of West Ham.
Westminster district, and Close
of Collegiate Church of St.
Peter.
The parish of Woolwich.
The parish of Iºltham, and
The parish of Plumstead.
borough of
48 & 49 Vict.
c. 23.
* ~ * : *-**** * * * * * ***-** : *-ºs º-º-º-º-º-º-º-º:
New J3oroughs.
272
PART III.—ELECTORAL AIR FAS.
48 & 49 Vict,
c. 23.
Schedule 5.
Boroughs with
Altered Bown-
duries.
[See s. 7.]
FIFTII SCIII) DUI.E.
CoNTIENTS AND Bound ARIES OF BOROUGHS witH ALTERED BOUNDARIES.
ICN (; LANI).
[Note by Milors.--For definitions of “Parliamentary Borough,” “Local
Government District,” and other expressions in this and the other schedules
of the Act, see H. 23.]
Name of
Parliamentary
Borough.
Ashton-under-Lyme
Birmingham
Blackburn .
lłolton . .
Boston . .
•
Contents and Boundaries.
*z-, -, ------------ ****--------~ *** -- ~ ** -- *** * * * * * *---------> --> -------- - - - - - - - ------ - - ---------
The present Parliamentary borough of Ashton-
under-Lyne, and -
So much of the parish of Ashton-under-Lyne as is
included in the local government district of
IIurst, and is not included in the said Parlia-
mentary borough.
The present Parliamentary borough of Birmingham,
and
The local government districts of Balsall Heath,
Harborne, and Saltley, and the hamlet of Little
Bromwich.
The present l’arliamentary borough of 13|ackburn
and - 2
So much of the municipal borough of Blackburn as
is not included in the said Parliamentary borough.
The present Parliamentary borough of Bolton, and
So much of the municipal borough of Dolton as is
not included in the said Parliamentary borough.
The present l’arliamentary borough of Boston, ox-
cluding therefrom two detached parts situate to
the north of the bºrough, one in East l'en and
the other in West Fen, and also excluding there-
from a part which is situate on the north side of
the borough, and was formerly included in the
parishes of Skirbeck and Boston within tho
borough, but has been added by Orders of the
Local Government Board to parishes not situate
within the Parliamentary borough, namely, one
part thereof to the parish of Sibsey, and üſo re-
maining part thereof to the parish of Frithville
all which said parts are in the Sessional Division
of Spilsby, in the parts of Lindsey.
IREDISTRIBUTION OF SEATS ACT, 1885.
273
Name of
Parliamentary
I}orough.
Contents and Boundaries.
Bradford . . .
Bristol . . . .
Bury (Lancashire).
Cardiſf (in Cardiſſ
district).
Cheltenham
Conway . . . .
l)arlington . . .
Derby . . . .
Hastings . . .
The present Parliamentary borough of Bradford,
and
So much of the municipal borough of Bradford as is
not included in the Said I’arliamentary borough.
The present Parliamentary borough of Bristol, and
The local government districts of St. George, Hor-
field, and Stapleton, and
So much of the Parish of IBedminster as lies between
the boundary of the said Parliamentary borough
and a line drawn along the centres of Redcatch
Lanc and Knowle Lane.
The present Parliamentary borough of Dury, and
So much of the municipal borough of Bury as is not
included in the said Parliamentary borough.
The present Parliamentary borough of Cardiff, and
So much of the municipal borough of Cardiſf as is
not included in the said Parliamentary borough.
The present Parliamentary borough of Cheltenham,
and
So much of the parish of Charlton Kings as lies to
the north of the present railway leading from
Cheltenham to Banbury.
The present Parliamentary borough of Conway, ex-
cluding therefrom two detached parts situate to
the south of the borough, and consisting one of
parts of the parishes of Gyffin and Dwygyfylchi,
and the other of a part of the parish of Gyſin near
Pant-y-tan.
The present Parliamentary borough of Darlington,
excluding therefrom a detached part of the parish
of Darlington called Oxney Field or Oxon-le-
I'ield, which is separated from Darlington town-
ship by the township of Blackwell, and including
so much of the municipal borough of Darlington
as is not above specified, and is not included in
the said Parliamentary borough.
The present Parliamentary borough of Derby, and
So much of the municipal borough of Derby as is
not included in the said Parliamentary borough.
The present Parliamentary borough of IIastings, ex-
cluding therefrom two detached parts of the said
borough ; one adjoining the parish of Winchelsea,
and known as Petit Iham, and the other known
as the Liberty of the Sluice.
T
48 & 49 Vict,
c. 23.
Schedule 5.
J}oroughs with
Altered Bown .
daries.
274
PART III.-ELECTORAL AREAS.
48 & 49 Wict.
c. 23.
Schedule 5.
Boroughs with
Altered Bown-
daries.
Name of
Parliamentary
Borough.
King's Lynn
Kingston-upon-Hull
Lincoln .
Liverpool
Contents and Boundaries.
The present Parliamentary borough of King's Lynn,
and
So much of the municipal borough of King's Lynn
as is not included in the said Parliamentary
borough.
The present Parliamentary borough of Kingston-
upon-Hull, and
So much of the municipal borough of Kingston-
upon-Hull as is not included in the said Parlia-
mentary borough.
The present Parliamentary borough of Lincoln, and
The parish of Bracebridge.
The present Parliamentary borough of Liverpool,
and
So much of the parish of Toxteth Park as is not
included in the said Parliamentary borough,
and
So much of the parishes of Walton-on-the-Hill,
Wavertree, and West Derby as is outside the
municipal borough of Liverpool, and is included
in a boundary line drawn from a point where the
centre of Selwyn Street crosses the present boun-
dary of the said municipal borough, herein-after
called the starting point, thence along the centre
of that street to the centre of Stuart Road and
County Road at their junction with the last-
mentioned street, thence along the centre of
County Road to a point opposite the southern side
of the present Edge Hill and Bootle branch of the
London and North-western Railway, thence in
an easterly direction to the southern side of the
said railway, thence along the southern and
western side of the said railway to a point imme-
diately north of the junction of the south-eastern
boundary of the aforesaid railway with the
northern boundary of the present London and
North-western Railway to Manchester, thence to
that junction, thence in a direct line to a point
on the western side of the present London and
North-western Railway to Crewe where it crosses
the centre of the Picton Road, thence along the
western side of the last-mentioned railway to the
present boundary of Toxteth Park parish, thence
in a north-westerly direction along that parish
boundary to the present boundary of the muni-
cipal borough of Liverpool, thence along the last-
mentioned boundary to the starting point.
REDISTRIBUTION OF SEATS ACT, 1885.
275
Name of
Parliamentary Contents and Boundaries.
Borough.
Maidstone The present Parliamentary borough of Maidstone,
Manchester .
Middlesborough
Newcastle - under -
Lyme.
Newport (in Mon-
mouth district).
Nottingham
Oldham .
Pembroke
Qxcluding therefrom a detached part of the parish
of Maidstone known as Lodington.
The present Parliamentary borough of Manchester,
and
The local government districts of Moss Side and
Rusholme, and
That detached part of the parish of Gorton which is
entirely surrounded by the Parliamentary borough
of Manchester, as enlarged by the addition of the
said local government districts.
The present Parliamentary borough of Middles-
borough, and
So much of the municipal borough of Middlesborough
as is not included in the said Parliamentary
borough.
The present Parliamentary borough of Newcastle-
under-Lyme, and
So much of the municipal borough of Newcastle-
under-Lyme as is not included in the said Parlia-
mentary borough, and
The local government district of Tunstall, and
So much of the parish of Wolstanton as lies south
of a line drawn along the centre of the present
public road leading west from the present Chat-
terley Railway Station to the boundary of Audley
parish.
The present Parliamentary borough of Newport,
and
So much of the municipal borough of Newport as
is not included in the said Parliamentary borough.
The present Parliamentary borough of Nottingham
and
So much of the municipal borough of Nottingham
as is not included in the said Parliamentary
borough.
The present Parliamentary borough of Oldham,
8.D.
So much of the municipal borough of Oldham as is
not included in the said Parliamentary borough.
The present Parliamentary borough of Pembroke,
and
The places comprised in the area of the present Par-
liamentary borough of Haverfordwest.
48 & 49 vict.
c. 23.
Schedule 5.
Boroughs with
Altered Bown-
daries.
T 2
276
l?AIRT III.—ELECTORAT, AREAS,
48 & 49 vict.
c. 23.
Schedule 5.
Boroughs with
Altered Bown-
daries.
Name of
Parliamentary
Borough.
Contents and Boundaries.
Preston .
Reading.
Salisbury
The present Parliamentary borough of Preston, and
So much of the municipal borough of Preston as is
not included in the said Parliamentary borough ;
and
So much of the parish of Lea, Ashton, Ingol, and
Cottam, and of the parish of Penwortham, as
will be added to the municipal borough of Preston
on the 1st day of June, 1889, by virtue of the
“Ribble Navigation and Preston Dock Act, 1883”
(46 & 47 Vict. cap. cxv.); and
The local government district of Fulwood.
The present Parliamentary borough of Reading, and
The space included between the boundary of the
said Parliamentary borough and the following
boundary line ; that is to say, a line drawn from
the point at which the present Reading and
Reigate Railway crosses the boundary of the
Parliamentary borough at the River Kennet,
castward along the said railway until it crosses
Culver Lane, thence westward along the centre
of Culver Lane, as far as the centre of Woking-
ham Road, thence southward along the centre of
Wokingham Road as far as the centre of Crescent
Road, thence westward along the centre of
Crescent Road as far as the centre of Eastern
Avenue, thence southward along the centre of
Eastern Avenue, as far as the centre of Upper
Redlands Road, thence westward along the centre
of Upper Redlands Road as far as the centre of
Alexandra Road, thence south and west along
the centre of Junction Road to the centre of
Christchurch Road, thence along the centre of
Christchurch Road until the line reaches the
boundary of the present Parliamentary borough.
The pºint Parliamentary borough of Salisbury,
all C
So much of the parish of Fisherton Anger as is not
within the said Parliamentary borough, and so
much of the parish of Milford as lies between the
boundary of the said Parliamentary borough and
the following boundary line; that is to say, a
line commencing at a point where the boundary
of the said Parliamentary borough crosses the
centre of the line of the present South-western
Railway to the north of the Salisbury Water-
works, and proceeding thence in an easterly
direction along the centre of the said railway to
the present junction of the Basingstoke, Andover,
and Salisbury Branch Railway with the Bishop-
REDISTRIBUTION OF SEATS ACT, 1885.
277
Name of
Parliamentary
Borough.
Contents and Boundaries.
Southampton
Stafford .
Stalybridge .
Stoke-upon-Trent .
Wakefield
Warwick and Leam-
ington.
Stoke and Salisbury Branch Railway, and thence
along the centre of the last-mentioned railway to
a point where the same crosses the River Bourne,
and thence proceeding in a southerly direction
along the centre of the said river to a point
where the same flows under the centre of the
present road leading from Salisbury to South-
ampton, and thence by a straight line in a due
South-westerly direction to the boundary between
the parishes of Britford and Milford in the River
Avon, and thence in a north-westerly direction
along the centre of the last-mentioned river to
the boundary of the said Parliamentary borough.
The present Parliamentary borough of Southampton,
and
The parish of Millbrook, and
The ecclesiastical district of Holy Saviour, Bittern,
and
The parish of St. Mary Extra, and
The detached part of the parish of Hound included
within the parish of St. Mary Extra.
The present Parliamentary borough of Stafford, and
So much of the municipal borough of Stafford as is
not included in the said Parliamentary borough.
The present Parliamentary borough of Stalybridge,
and
So much of the municipal borough of Stalybridge as
is not included in the said Parliamentary borough.
So much of the present Parliamentary borough of
Stoke-upon-Trent as lies south of the municipal
borough of Hanley, and
So much of the municipal borough of Longton as
is not included in the said Parliamentary
borough.
The present Parliamentary borough of Wakefield,
and
So much of the adjoining parish of Sandal Magna
as lies to the north-east of the present Great
Northern and Manchester, Sheffield, and Lincoln-
shire Railway, being the portion known as Belle
Vue.
The present Parliamentary borough of Warwick,
and
The municipal borough of Royal Leamington Spa,
and
The local government districts of Milverton and
Lillington.
48 & 49 Wict.
c. 23.
Schedule 5.
Boroughs with
Altered Bown-
daries.
278
PART III.-ELECTORAL AREAS.

48 & 49 Wict.
c. 23.
Schedule 5.
Boroughs with
Altered Bown-
daries.
[See s, 8.]
Name of
Parliamentary Contents and Boundaries.
Borough.
Wednesbury . . . The parishes of Wednesbury, Tipton, and Darlaston.
York . . . . . The present Parliamentary borough of York, and
So much of the municipal borough of York, inclu-
sive of the parts added thereto by “The York
Extension and Improvement Act, 1884 ° (47 &
48 Vict. c. ccxxxii.) as is not included within
the said Parliamentary borough.
[SCOTLAND.]
[IRELAND..]
SIXTH SCHEDULE.
DIVISIONS OF BOROUGHS.
NUMBER, NAMES, CONTENTS, AND BOUNDARIES OF DIVISIONS.
PART I.
ENGLAND.
[Note by Editors.]—For definitions of “Ward,” and of other expressions
in this and other schedules, see s. 23.
DATTERSEA AND CLAPHAM.
Two Divisions.—One Member for each Division.
NAMEs, CoNTENTs, AND BOUNDARIES OF DIVISIONS.
No. 1.--THE BATTERSEA No. 2.--THE CLABHAM
DIVISION. DIVISION.
No. 2 Ward of Battersea Parish, The Parish of Clapham,
No. 3 Ward of Battersea Parish, No. 1 Ward of Battersea Parish,
and and
So much of No. 4 Ward of Batter- No. 4 Ward of Battersea Parish,
sea Parish as lies to the north of except so much as is comprised
a line drawn along the contre of in Division No. 1 as herein
Battersea Rise, and to the west described.
of a line drawn along the contre
of the St. John's Road.
REDISTRIBUTION OF SEATS ACT, 1885.
279
BETHNAL GREEN.
Two Divisions.—One Member for each.
48 & 49 Wict.
c. 23.
Schedule 6.
Divisions of
Boroughs.
NAMES AND ContLNTS OF DIVISIONs.
No. 1.—THE NORTH-EAST
DIVISION.
North Ward, and
East Ward.
No. 2.—THE SOUTH-WEST
DIVISION.
South Ward, and
West Ward.
BIRMINGHAM.
Seven Divisions.—One Member for each Division.
NAMES, CONTENTS, AND BOUNDARIES of DIVISIONS.
No. 1.—THE EDGBASTON
DIVISION.
Edgbaston Ward,
So much of Rotten Park Ward as
is situate to the South of a line
drawn along the centre of Dudley
Road,
So much of the Balsall Heath Local
Government District as lies to
the south and west of a line
drawn along the centres of Balsall
Heath Road, Wenman Street,
Edwardes Street, and Moseley
Road, and
The Local Government District of
Harborne.
No. 2. THE WEST DIVISION.
All Saints Ward,
St. Paul Ward, and
Rotten Park Ward (except so much
as is comprised in Division No. 1
as herein described).
No. 3.- THE CENTRAL
DIVISION.
Market Hall Ward,
Ladywood Ward, and
St. Thomas Ward.
No. 4.—THE NORTH
DIVISION.
St. George Ward,
St. Stephen Ward, and
St. Mary Ward.
No. 5. THE EAST DIVISION.
Nechells Ward,
Duddeston Ward,
The Local Government District of
Saltley, and
The Hamlet of Little Bromwich.
No. 6.--THE BORDESLEY
T)IVISION.
Bordesley Ward, and
St. Bartholomew Ward.
No. 7. THE SOUTH DIVISION.
St. Martin Ward,
Deritend Ward, and
Balsall Heath Local Government
District, except so much as is
comprised in Division No. 1 as
herein described.
280
PART III.-I}LECTORAI, AREAS.
(48 & 49 Vict.
c. 23.
| Schedule 6.
Divisions of
Boroughs.
I3RAI) FORD.
Throo I)ivisions.—Ono Momber for each Division.
NAMES AND CONTIENTS OF DIVISIONS.
No. 1.-'I'III) WIES'I' DIVISION.
Manningham Ward,
Ileaton Ward,
Allerton Ward,
Bolton Ward, and
Great IIorton Ward.
No. 2.--TIIE CENTRAL
1) IVISION.
Listor IIills Ward,
West Ward,
North Ward,
Little IIorton Ward, and
Exchange Ward.
No. 3.- TILE EAST DIVISION.
Iºast Ward,
South Ward,
l3radford Moor Ward,
East Bowling Ward, and
West Bowling Ward.
BRISTOL.
Four Divisions.—One Member for cach Division.
NAMES, CoNTENTs, AND BOUNDARIES OF DIVISIONS.
No. 1.--THE WEST DIVISION.
Clifton Ward,
Wostbury Ward,
St. Michael Ward,
St. Augustine Ward, and
Tho Local Government District of
IIorfield.
No. 2.--TIIE NORTII T)IVISION.
District Ward,
St. Paul Ward,
St. James Ward, t
So much of SS. Philip and Jacob,
North Ward, as lies to the north
of a line drawm along the centres
of Wade Street and Stapleton
Toad, and
The Local Government District of
Staploton,
No. 3.- THE EAST DIVISION.
SS. Philip and Jacob, South, Ward,
SS. Philip and Jacob, North, Ward,
except so much as is comprised in
Division No. 2 as herein described,
and
The Local Government District of
St. George,
No. 4.—THIE SOUTH DIVISION.
Bristol Ward,
Redcliff Ward,
I}odminster, West Ward,
Bedminster, East Ward, and
So much of the Parish of Bodminstor
as is situate within the Parlia-
montary and not within tho
Municipal Borough.
REDISTRIBUTION OF SEATS ACT, 1885. 281
48 & 49 Vict.
CAMI3ERWELL. c. 23.
Schedule 6.
Three Divisions.—One Member for each Division.
Divisions of
NAMES AND CoNTENTs of DIVISIONS. Boroughs.
No. 1.--THE NORTH DIVISION. No. 2.- THE PECKHAM DIVI-
No. 1 St. George's West Ward, - SION.
No. 2 St. George's East Ward, No. 4 North Peckham Ward, and
No. 3 Camden Ward. No. 5 South Peckham Ward.
No. 3.- THE DULWICH DIVISION.
No. 6 Camberwell and Dulwich
Ward, and the Hamlet of Pengc.
FINSBURY.
Three Divisions.—One Member for each Division.
NAMES AND CONTENTS OF DIVISIONS.
No. 1.--THE HOLBORN DIVI- No. 2.—THE CENTRAL DIV1-
SION. SION
So much of the Holborn District as The Parish of St. James and St.
comprises the Parishes oſ- John, Clerkenwell.
St. Andrew, IIolborn, above
Bars and St. George the
Martyr, and * T.
Samº'ñi, Hatton Garden, No. 3–THE EAST DIVISION.
Ely Place, and Ely Rents. The Parishes of
The St. Giles District: St. Luke, Middlesex,
Gray's Inn, St. Sepulchre, Middlesex,
I'urnival’s Inn, Charter House,
Staple Inn, and and
Lincoln's Inn. Glasshouse Yard.
HACKNIEY.
Thrco Divisions,—One Member for each Division.
NAMES, CoNTENTs, AND BOUNDARIES OF DIVISIONS.
No. 1,–THE NORTH DIVI- So much of No. 5 Hackney Ward of
SION. Hackney Parish as lies to the
• morth of a line drawn from the
The l’arish of Stoke Newington, boundary of No. 2 West Hackney
No. 1 Stamford Hill Ward of Hack- Ward of Hackmey Parish, along
ney Parish, the centres of Evering Road,
No. 2 West Hackney Ward of Upper Clapton Road, and South-
Hackney Parish, and wold Road to the parish boundary,
282
PART III.-ELECTORAL AREAS.
48 & 49 Wict.
c. 23.
No. 2.—THIS, CENTRAL DIVI-
Schedule 6. S
ION.
No. 3 Do I3eauvoir Town Ward of
Hackney Parish,
No. 4 Dalston Ward of Hackney
Parish, and
So much of No. 5 Hackney Ward of
Hackney Parish as lies to the
South and west and north of a
line drawn along the centre of
the Evering Road from the boun-
dary of No. 2 West Hackney
Divisions of
Boroughs.
Ward of Hackney Parish to the
centre of the Upper Clapton
Iłoad, thence southward along
the centres of the Upper and
Lower Clapton Toads to the
northern boundary of No. 6
Homerton Ward of Hackney
Parish, and thence along the
boundary of that Ward and
No. 7 South Hackncy Ward of
Hackney Parish to the south-east
corner of No. 4 Dalston Ward of
Hackney Parish.
No. 3.--THE SOUTH IDIVISION.
No. 5, Hackney Ward of IIackney
Parish, except so much as is com-
prised in Divisions No. 1 and
No. 2, as herein described.
No. 6 Homerton Ward of Hackney
Parish, and
No. 7 South Hackney Ward of
Hackney Parish.
ISLINGTON.
Tour Divisions.—One Member for each Division.
NAMES AND CoNTENTs of DIVISIONS.
No. 1.-TIIE NORTH DIVISION.
Upper Holloway Ward.
No. 2–THE WEST DIVISION.
Lower Holloway Ward and
Thornhill Ward.
No. 3.--THE EAST DIVISION.
Highbury Ward and
Canonbury Ward.
No. 4.—THE SOUTH DIVISION.
Barnsbury Ward,
St. Mary's Ward, and
St. Peter's Ward.
KENSINGTON.
Two Divisions.—One Member for each Division.
NAMES, CONTENTS, AND BOUNDARIES OF DIVISIONS.
No. 1.--THE NORTH DIVISION.
So much of the Parliamentary
Borough of Kensington as lies to
the north of a lino drawn along
the centre of the Uxbridge Road.
No. 2.- THE SOUTH DIVISION.
So much of the Parliamentary
Borough of Kensington as is not
comprised in Division No. 1 as
horoin described.
REDISTRIBUTION OF SEATS ACT, 1885.
283
48 & 49 Wict.
KINGSTON-UPON-HULL. c. 23.
Schedule 6.
Three Divisions.—One Member for each Division.
Divisions of
Boroughs.
NAMIES, CoNTENTs, AND BoundARIES OF DIVISIONs.
No. 1.--THE EAST DIVISION.
Alexandra Ward,
Drypool Ward,
Sutton Ward,
Beverley Ward, and
So much of the Central Ward as
lies to the cast of the Barmston
Drain.
No. 2.--THE CENTRAL DIVI-
SION.
Queen's Ward,
Paragon Ward, and
The Central Ward, except so much
as is comprised in Division No. 1,
as herein described.
No. 3.- THE WEST DIVISION.
Newington Ward,
Coltman Ward,
Albert Ward,
Botanic Ward, and
Park Ward.
LAMBETH.
Four Divisions.—One Member for each Division.
NAMES, CONTENTS, AND Bound ARIES of DIVISIONS.
No. 1.--THE NORTH DIVISION.
North Marsh Ward,
South Marsh Ward, and
Bishops Ward.
No. 2.--THE KENNINGTON
DIVISION.
Prince's Ward, and
So much of the Vauxhall Ward as
lies to the west of a line drawn
along the centre of the Clapham
Road.
No. 3.--THE BRIXTON DIVI-
SION.
So much of the Stockwell Ward as
lies to the north of a line drawn
along the centres of Acre Lane
and Coldharbour Lane,
So much of the Brixton Ward as
lies to the north of a line drawn
along the centres of Acre Lane
and Coldharbour Lane, and
The Vauxhall Ward, except so much
as is comprised in Division No. 2
as herein described.
No. 4.—THE NORWOOD DIVI-
SION.
Norwood Ward, and
The Stockwell Ward and the Brixton
Ward, except so much of the two
latter Wards as is comprised in
Division No. 3 as herein described.
284
PART III, -[[lſ]CTORAL AREAS.
48 & 40 Vict.
. c. 28.
Schedule 6,
Divisions of -
Boroughs.'
II.I.DS,
I'ive Divisions.—One Member for oach Division.
NAMICS AND CoNTIENTS or DIVISION8.
No. 1.--THII) NORTII IOIVISION.
[leadingly Ward,
North-West Ward,
So much of Brunswick Ward as is
included in Municipal Polling
I)istrict, No. I'light,
So much of North Ward as is in-
cluded in Municipal Polling Dis-
tricts, No. Thirteen and No.
Fourteen, and
So much of North-East Ward as is
included in Municipal Polling
District, No. Sixteen.
No. 2.-ITIE CENTRAL I)). VI-
SION.
West Ward,
Mill Hill Ward,
I3runswick Ward, except so much
as is comprised in Division No. 1
as herein described, and
So much of Central Ward as is in-
cluded in Municipal Polling Dis-
tricts, No. Nine and No. Ten.
No. 3.-TIII. ISAST DIVISION.
Fast Ward,
North Ward, except so much as is
comprised in Division No. 1 as
heroin described,
North-Iſlast Ward, oxcept So much
as is comprised in Division No. 1
as herein described, and
(Jontral Ward, except So much as is
comprised in T)ivision No. 2 as
heroin described.
No. 4.—TIII) WIST DIVISION.
Iſolbeck Ward,
Armley and Wortley Ward,
New Wortley Ward, and
Bramley Ward, except so much as
is comprised in Division No. 5 as
heroin described.
No. 5.-ITIII; SOUTII DIVISION.
South Ward, -
East Hunslot Ward,
Wost Hunslet Ward, and
So much of Bramley Ward as is
included in Municipal Polling
District, No. Thirty-ſive.
I/IWISRIPOOL.
Nine Divisions.—Omo Member for each Division.
NAMIS, CoNTIENTS, AND BOUNDARIES OF DIVISIONS.
SION.
The Parish of Kirkdale,
and 80 much of the Parish of
Everton as is included in the
following boundary; that is to
Hay :—
I'rom the point of junction of
tho Parishos of Kirkdale,
Dvorton, and Walton-on-the-
No. 1,–TIII. KTRKDALE DIVI-
IIill, hereinaftor called the
8|arting point, thence along
the Municipal Borough Boum-
dary to a point where it
crosses the centre of Sleepers
IIill load, thence along the
contres of Sleepers Hill,
Boacom Lane, and Breck-
field Road North, to tho
centre of Moro Lane, thence
along the contre of Moro
REDISTRIBUTION OF SEAT'S ACT'S, 1885.
285
- - -e-...ss...ºss-s: - …< * * * *--- * ~ *- : * * * * * *
Lane to the contre of St.
Domingo Road, thence along
the centre of St. Domingo
IRoad to the contre of Grecian
Terrace, thence along the
centres of Grecian Terrace
and IIavelock Street to the
centro of Netherſield Toad
North, themco along the
contro of Notherſield Toad
North to a point opposite to
the point where the Boum-
dary of the Parish of I’verton
takes a westerly direction
from Nothorſicla Road North,
thence to the latter point in
the I’verton Parish 13oun-
dary, thence in a northerly
and north-easterly direction
along the Everton Parish
I}oundary to the starting
point.
No. 2.- TIIE WALTON IDIVI-
SI())M.
So much of the Parishes of Walton-
on-the-IIill and Wavertroo as are
in the Parliamentary 13orough of
Liverpool.
So much of the l’arish of West
Derby as is outside the Municipal
Borough, but within the l’ar-
liamentary 13orough of Liverpool.
So much of the Parish of lºverton
as is included in the following
boundary ; that is to say :-
I'rom a point, hereinaſter called
the starting point, where the
present boundary of the
Municipal Borough of Tiver-
pool takes an easterly direc-
tion at Whitfield Road,
thence in a northerly direc-
tion along the centres of
Breckfield Road South,
I3rockſield Road North, 13ca-
con Lane, and Sleepers IIill,
to the Municipal 13orough
Boundary, thence along that
boundary to the starting
boint.
No. 3.- TIII) TW I, RTON I)[VI-
SI() N.
The l’arish of Everton except so
much as is comprised in Divisions
Nos. 1 and 2, as heroiu described.
... -- ~~~~< *-* * * *.*-*-* * * r. . … ººm-º-º-º-º-º-º-º- “-- ****
No. 4.—TIII) WEST I) IºſłBY
J) IVISION.
West Derby Ward.
No. 5. THE SCOT'ſ AND DIVI-
SI() N.
Scotland Ward.
No. 6. TIII, J.XCIIANGE DIVI-
SI())M.
Vauxhall Ward,
St. Ann's Street Ward,
Lime Street Ward,
Exchango Ward, and
St. Paul's Ward.
No. 7 –TIII. APERCIROMI}Y
I) IVISION.
Abercromby Ward,
Rodney Street Ward,
Castle Street Ward,
St. Peter's Ward,
I’itt Street Ward, and
Great George's Ward.
No. 8.--—TIII) EAST' 'I'()YTETII
IDIVISION,
So much of the Parish of Toxteth
I’ark as lics to the cast of the
following boundary ; that is to
say:-
I'rom a point where the North
I}oundary of the Parish of
Toxtoth l’ark crosses the end
of the centre of Windsor
Street, themco along the
centres of Windsor Street,
and Admiral Street to the
centre of High Park Street,
thence along the centre of
IIigh l’ark Street to the
centre of l’ark Road, thence
along the centre of Park
Road to the Municipal Iło-
rough 13oundary, thence in
an easterly direction along
that IRoundary to a point
opposite the centre of Aig-
burth Toad, thence along the
centre of Aigburth Road to
the Southern Boundary of
Toxteth l’ark l’arish.
No. 9.--TIIF WIST TOXTETII
l) IVISION.
Toxteth Park Parish, except so
much as is comprised in Divi-
sion No. 8 as hercin described.
48 & 49 Wict.
c. 23.
Schedule 6.
J)ivisions of
Boroughs.
286
PAIR'll III.-ELICTORAI, AIRIEAS,
48 & 40 Vict,
c. 23.
Schedule 6.
Divisions of
Boroughs.
**.*.*.*& *r-sºº -º-º-º-º:
MANCIII)STER.
Six Divisions.—One Member ſor oach Division.
NAMICH, CoNTINTs, AND BounIDARIES OF DIVISIONS.
No. 1,–TIII) NORTII-WES'I'
IDIVISI() N.
Collegiate Church Ward,
Iºxchange Ward,
St. John's Ward,
St. Ann's Ward,
St. James' Ward,
Oxford Ward,
St. Clomont's Ward, and
The Parish of Chcotham.
No. 2.-TIII) NORTH IDIVISION.
St. Michael's Ward,
The l’arish of IIarpurhoy, and
So much of the Parish of Newton
as lies to tho north-west of a line
drawn along the contro of the
Oldham Iłoad.
No. 3.--TIII) NORTH-EAST
DIVISION.
New Cross Ward, and
So much of the Parish of Newton as
is not comprised in Divisions
No. 2 and No. 5 as her in de-
scribed.
No. 4.—TIII) EAST I) IVISION.
The Parish of IBradſord,
Tho Parish aſ Ardwick,
Tho Parish of Beswick, and
So much of the l’arish of Chorlton-
upon-Mcdlock as lies to the north
of the following boundary, that is
to say:—
I'rom a point whore tho western
boundary of tho Parish of Chorl-
ton-upon-Modlock crosses the
contro of Cavendish Street, thence
in a north-easterly direction along
the contros of that street and
Grosvenor Street to the junction
of tho latter stroot with the contro
of Upper J3rook Street, thence
along the centre of the last-men-
tioned street to its junction with
Dover Street, thence in a north-
castorly direction along the centro
of Dover Street, St. Leonards
Street, and Cheltonham Street, to
the boundary of the said Parish.
No. 5.—'I'III; SOUTII DIVISION.
The Parish of Chorlton-upon-Mcd-
lock except so much as is com-
prised in Division No. 4, as heroin
described.
The Local Government District of
Moss Side,
The Local Government District of
Rusholmo,
The detached part of the Parish of
Nowton which is known as the
Hamlet of Kirkmanshulme,
And that detached part of Gorton
Parish which is included in the
Parliamentary Borough of Man-
chester.
No. 6.-TIII SOUTII-WEST
DIVISION.
The Parish of IIulmo.
REDISTRIBUTION OF SEATS ACT, 1885. 287
|MAIRYLISIRONI). 48 º ºviet
Schedule 6.
Two Divisions.—Ono Member for each Division. *sºmsºmºsºmsºmºs
Divisions of
Boroughs.
NAMICS AND ContiºnTs of DIVISIONs.
No. 1.- THE EAST DIVISION. No. 2, TIII) WEST DIVISION.
St. John's Wood Terrace Ward, Iſamilton Terrace Ward,
Dorset Square and Regent's Park Now Church Street Ward,
Ward, Bryanstone Ward, and
Portland Place Ward, and Portman Ward.
Cavendish Square Ward.
NEWINGTON.
Two Divisions.—One Member for each Division.
NAMES, CoNTIENTS, AND Bound ARIES or DIVISIONS.
No. 1.--THE WEST DIVISION. No. 2.- THE WALWORTH
No. 1. St. Mary's Ward, except so I)IVISION.
much as is comprised in Division No. 4. St. Peter's Ward, and
No. 2, as herein described. So much of No. 1 St. Mary's Ward
No. 2 Trinity Ward, and as lies to the east of a line drawn
No. 3. St. Paul's Ward, along the centres of Station Road
and Walworth Road.
NOTTINGILA.M.
Throo Divisions.—One Member for each Division.
NAMES AND CoNTENTS OF DIVISIONS.
No. 1.- TIII) WIST DIVISI () N. No. 2.--TIII) EAST T)IVISION.
St. Alban's Ward, Mapperley Ward,
Broxtowe Ward, Robin Hood Ward,
Wollaton Ward, St. Ann Ward,
Sherwood Ward, and Manvers Ward, and
Forcst, Ward. I3yron Ward,
No. 3.- TIIT SOUTEI DIVISION.
Castle Ward, St. Mary Ward,
Market Ward, Bridge Ward, and
Meadow Ward, Trent Ward.
288 PART III.-ELECTORAL AREAS.
48 & 49 Vict, IPADDINGTON.
c. 23.
Schedule 6. Two Divisions.—Omo Member for each Division.
J)ivisions of -
Boroughs. NAMES AND Conſº NTS OF DIVISIONs.
tº ºsmºs
No. 1.- TIII) NORTH DIVISION. No. 2.- THE SOUTH IDIVISION,
No. 2 Ward. No. 1 Ward, -
No. 3 Ward, and
No. 4 Ward.
ST. PANCRAS.
l'our l)ivisions.—One Member for each Division.
NAMES AND ContiGNTS OF DIVISIONs.
No. 1.--THE NORTH DIVISION. No. 3.--THE WEST DIVISION,
No. 1 Ward, No. 2 Ward,
No. 4 Ward, and
No. 5 Ward.
No. 2.--TIII) JºAST I)}|V|SION.
No. 3 Ward, and No. 4.—TIIE SOUTH IDIVISION.
No. 6 Ward. No. 7 Ward, and
No. 8 Ward,
SALFORI).
Three Divisions.—One Member for each Division.
NAMES, CONTENTS, AND Bound ARIES on DIVISIONs.
No. 1.—THE NORTH DIVI- No. 2.--THE WEST DIVISION.
SION. St. Thomas' Ward,
St. John's Ward, Seedley Ward, and
Kersal Ward, Regent Ward, except so much as is
Trinity Ward, comprised in Division No. 3, as
St. Matthias Ward, and herein described.
Greengate Ward.
No. 3.−TIIE SOUTH DIVISION
Islington Ward,
Ordsall Ward,
Crescent Ward,
St. Stephen's Ward, and
So much of Tegent Ward as lies to
the east of a line drawn along the centre
of Traſford Road.
REDISTRIBUTION OF SEATS ACT, 1885.
289
SHEIFFIELD.
Five Divisions.—One Member for each Division.
NAMES, CONTENTS, AND BoundARIES OF DIVISIONs.
No. 1.--THE ATTERCLIFFE
DIVISION.
Attercliffe Ward,
Park Ward, and
The Parish of Heeley.
No. 2.- THE BRIGHTSIDE
DIVISION.
Brightside Ward.
No. 3.--THE CENTRAL DIVI-
SION.
St. Peter's Ward,
St. Philip's Ward, and
St. George's Ward, except so much
as is comprised in Division No. 4
as herein described.
No. 4.—THE HALLAM DIVI-
SION.
Nether Hallam Ward,
Upper Hallam Ward,
Such portions of St. George's Ward
as are entirely or nearly sur-
rounded by the Nether Hallam
Ward, and
So much of the Glossop Road Poll-
ing District of the Ecclesall Ward
as lies to the north-west of a line
drawn along the centres of Clark
House Lane and Glossop Road,
and to the north of a line drawn
along the centre of Wilkinson
Street.
No. 5.—THE ECCLESALL
DIVISION.
Ecclesall Ward, except so much as
is comprised in Division No. 4 as
herein described.
SHOREDITCH.
*
Two Divisions,—One Member for each Division.
NAMES AND CONTENTS OF DIVISIONs.
No. 1.- THE HOXTON DIVI-
SION.
Moorfields Ward,
Church Ward,
Hoxton Ward, and
Wenlock Ward.
No. 2.—THE HAGGERSTONE
IDIVISION.
Whitmore Ward,
Kingsland Ward,
Haggerstone Ward, and
Acton Ward.
48 & 49 Vict.
c. 23.
Schedule 6.
Divisions of
Boroughs.
290 PART III.-ISLIXCTORAL AREAS.
48 & 49 Wict.
c. 23.
SOUTHWARIX.
Schedule 6.
IDivisions of s º º
1}oroughs. j Three Members.-One Member for each Division.
tº--
NAMES AND CoNTENTS OF DIVISIONS.
-
No. 1.--THE WEST DIVISION. No. 2.- THE ROTEIERHITEIE
The St. Saviour's District, and DIVISION.
No. 1 St. Michael's and No. 2. St. The St. Olave's District,
Paul's Wards of the Parish of The Parish of Iłotherhithe, and
St. George the Martyr, South- No. 4 Ward of the Parish of Ber-
wark. - mondsey.
No. 3.--THE IREIRMONDSEY
DIVISION.
No. 1, No. 2, and No. 3 Wards of Ber-
mondsey Parish.
No. 3 St. George's Ward of the Parish of
St. George the Martyr, Southwark.
SWANSEA.
Two Divisions.—One Member for cach Division.
NAMES AND ContLNTS OF DIVISIONS.
No. 1,–SWANSEA TOWN. No. 2.-SWANSEA DISTRICT.
The Parish of Swansea (Town), The Contributory Boroughs of
The Parish of St. Thomas, and Aberavon,
So much of the Parish of Swansea Kenfig,
(Higher and Lower) as is com- Iloughor, and
prised within the Parliamentary Neath,
I}orough of Swansea. the Parish of
St. John near Swansea,
and so much of the Parishes of
Clase, Llangafelach, Llansamlet
Lower, and Llansamlet Higher,
as is comprised within the Parlia-
mentary Borough of Swansea.
REDISTRIBUTION OF SEATS ACT, 1885.
291
TOWER HAMLETS.
Seven Mernbers.-One Member for each Division.
NAMES AND CONTENTS OF DIVISION8.
No. 1.--THIE WHITECHAPEL
DIVISION.
The Whitechapel District.
No. 2.—THE ST. GEORGE
IDIVISION.
The Parish of St. George-in-the East
and the Parish of Wapping.
No. 3.−THE LIMEIHOUSE
DIVISION.
The Limehouse District, except the
Parish of Wapping.
No. 4.—THE MILE END
T)IVISION.
North Ward and East Ward of the
Hamlet of Mile End Old Town.
No. 5,--THE STEPNEY
DIVISION.
Centre Ward, West Ward, and South
Ward of the Hamlet of Mile End
Old Town.
No. 6. THE BOW AND BIROM-
LEY DIVISION.
The Parish of St. Mary Stratford-
le-Bow, and
The Parish of Bromley St. Leonard,
except so much as is comprised in
Division No. 7, as herein de-
scribed.
No. 7.--THE POPLAR DIVI-
SION.
The Parish of Poplar, and so much
of the Parish of Bromley St.
Leonard as lies to the east and
south of a line drawn from the
boundary of the Parish of All
Saints, Poplar, along the centre
of the present North London
Railway to a point opposite the
centre of Bright Street thence
eastward, along the centres
of Bright Street and Dewberry
Street, to Brunswick Road; thence
northward, along the centre of
Brunswick Road, to the centre of
Lochnagar Street; and thence,
along the centre of Lochnagar
Street and the continuation of
the centre line of that street, to
the Parish boundary in Bow
Creek.
WEST HAM.
Two Divisions.—One Member for each Division.
NAMES, CONTENTS, AND BOUNDARIES of Divisions.
No. 1,–THE NORTH DIVISION.
So much of the Parliamentary
Borough of West Ham as is si-
tuate to the north of the following
boundary; that is to say,
From a point where the north
side of the present London
and Tilbury Railway crosses
the west boundary of West
Ham Parish ; thence in a
north-easterly direction along
48 & 49 Wict.
c. 23,
Schedule 6.
Divisions of
Boroughs.
U 2
292
PART III.-ELECTORAL AREAS.
48 & 49 Wict.
c. 23.
Schedule 6.
Divisions of
Boroughs.
the north side of the said rail-
way to a point where the east
side of the present North
Woolwich Branch of the
Great Eastern Railway
crosses it ; thence in a north-
erly direction along the east
side of the last-mentioned
railway to a point opposite
the centre of Abbey Road;
thence in a north-easterly
and easterly direction along
—ºr-
the centres of Abbey Road,
Church Street North, Port-
way, and Plashet Lane to
the eastern boundary of West
Ham Parish.
No. 2.- THE SOUTH DIVISION.
The Parliamentary Borough of West
Ham, except so much as is com-
prised in Division No. 1 as herein
described.
WOLVERHAMPTON.
Three Divisions.—One Member for each Division.
NAMES, CoNTENTs, AND Bound ARIES OF DIVISIONS.
No. 1–THE WEST DIVISION.
St. Mark’s Ward,
St. Paul's Ward,
St. John's Ward,
St. George's Ward,
St. Matthew's Ward, and
So much of the Parish of Bilston, as
is known as Ettingshall New
Village, being the portion which
lies to the west of a line drawn
along the centre of Ward Street,
and is bounded on the South by
Sedgley Parish, and on the north
and west by the Municipal
Borough of Wolverhampton.
No. 2.—THE EAST DIVISION.
St. Mary's Ward,
St. James' Ward, and
St. Peter's Ward,
and the Parishes of
Wednesfield and
Willenhall.
No. 3.- THE SOUTH DIVISION.
The Parish of Sedgley, and
The Parish of Bilston, except so
much as is comprised in Division
No. 1 as herein described.
PART II.
[SCOTLAND..]
[IRELAND..]
REDISTRIBUTION OF SEATS ACT, 1885, 293
SEWIENTH SCHEDULE, t 48 & 49 Wict.
- . c. 23.
Schedule 7.
Countills AT LARGE.
Divisions of
NUMRER OF MEMBERS AND NAMES AND Cont'ENTS OF DIVISIONs. Counties.
PART I.- ENGLAND.
[Note by Editors.--For definitions of “Sessional Division” and of other
expressions in this and other schedules, see note to s. 23.]
*===
COUNTY OF BEDFORD,
Two Members.--Two Divisions.
NAMES AND CONTENTs of DIVISIONs.
No. 1.--THE NORTHERN OR BIGGLESWADE DIVISION.
The Sessional Divisions of
Bedford, Biggleswade, and Sharmbrook,
the Parishes in the Sessional Division of Ampthill, Öſ-–Ampthill, Clophill,
Cranfield, Hawnes, Houghton Conquest, Lidlington, Marston Mortaine,
Maulden, and Millbrook,
and the Municipal Borough of Bedford.
No. 2–THE SOUTHERN OR LUTON DIVISION.
The Sessional Divisions of
Leighton Buzzard, Woburn, So much of the Sessional Divi-
Luton, and sion of Ampthill as is not com-
prised in Division No. 1 as
- herein described,
and the Municipal Boroughs of Dunstable and Luton.
COUNTY OF BERKS.
Three Members.--Three Divisions.
NAMES AND CONTENTS OF DIVISIONs.
No. 1,–THE NORTHERN OR ABINGDON DIVISION,
The Sessional Divisions of
Abingdon, Wallingford, and
Faringdon, Wantage,
the Municipal Borough of Wallingford,
and so much of the Municipal Boroughs of Abingdon and Oxford as is in
the county of Berks. -
294
PART III.-ELECTORAL AREAS.
48 & 49 Wict.
c. 23.
Schedule 7.
I)ivisions of
Counties.
No. 2.—THE SOUTHERN OR NEWBUIRY DIVISION.
The Sessional Divisions of
Ilsley, Newbury (including | Reading (except so much
Lambourn, Hungerford), and as is comprised in Divi-
sion No. 3 as herein
described),
the Municipal Boroughs of Newbury and Reading,
and so much of Wokingham Sessional Division as is in the Parliamentary
Borough of Reading.
No. 3.--THE EASTERN OR WOICINGHAM IDIVISION.
The Sessional Divisions of
Maidenhead and So much of the Sessional Division
Windsor, of Wokingham as is not comprised
. in Division No. 2 as herein de-
scribed ;
the Municipal Boroughs of Maidenhead and New Windsor,
and the Parishes of Swallowfield East and Swallowfield West.
COUNTY OF BUCKS.
Three Members.--Three Divisions.
NAMES AND CONTENTS OF DIVISIONS.
No. 1.--THE NORTHERN OR BUCKINGHAM IDIVISION.
The Sessional Divisions of
Ashendon Newport, Winslow (except so much
Duckingham, Stony Stratford, and as is comprised in Divi-
sion No. 2 as herein
described),
and the Municipal Borough of Buckingham.
No. 2.--THE MID OR AYLESBURY DIVISION.
The Sessional Divisions of
Aylesbury, Desborough (Second Division) Linslade,
Chesham, (except so much as is com-
prised in Division No. 3 as
herein desbribed), and
and the Parishes in the Sessional Division of Winslow of Creslow, Oving,
Pitchcott, Quainton, Shipton Lee, and Whitchurch.
No. 3.--THE SOUTHERN OR WYCOMBE DIVISION.
The Sessional Divisions of
Burnham, Desborough (First Division), and Stoke,
the Municipal Borough of Chipping Wycombe,
and in the Sessional I)ivision of Desborough (Second Division) the Parishes
of—West Wycombe and Wooburn, and so much of the Parish
of Chipping Wycombe as is not included in the Municipal
Borough of Chipping Wycombe.
REDISTRIBUTION OF SEATS ACT, 1885. 295
COUNTY OF CAMBRIDGE. 48 & ºyist.
C. º
Schedule 7.
Three Members.-Three Divisions.
Divisions of
NAMES AND ContLNTS OF DIVISIONS. Counties.
No. 1.--THE NORTHERN ()R WISBECH DIVISION.
The Sessional Divisions of
North Witchford, Wittlesea, and Wisbech,
the Municipal Borough of Wisbech,
and the Parishes of Coveney, Downham, and Littleport.
No. 2.—THE WESTERN OR CHESTERTON DIVISION ©
The Sessional Divisions of
Arrington and Melbourn, Cambridge, and Caxton,
the Municipal Borough of Cambridge,
and the Parishes of Grunty Fen, Haddenham, Mepal, Stretham, Sutton,
Thetford, Wentworth, Wilburton, Witcham, Witchford.
No. 3.- THE EASTERN OR NEWMARKET DIVISION.
The Sessional Divisions of
Bottisham, Linton, and Newmarket,
and the Parishes of Ely College, Ely Holy Trinity, and Ely St. Mary.
COUNTY OF CARMARTHEN.
Two Members.--Two Divisions.
NAMES AND CONTENTS OF DIVISIONs.
No. 1.--THE EASTERN DIVISION.
The Sessional Divisions of -
Llandeilo (except so much as is comprised in Division No. 2 as
herein described),
Llandovery (except so much as is comprised in Division No. 2 as
herein described), and
Llanelly.
No. 2.--THE WESTERN DIVISION.
The Sessional Divisions of
Carmarthen, Llanfihangel-ar-Arth, St. Clears,
Llanboidy, Newcastle Emlyn, and
the Municipal Borough of Carmarthen,
and the Parishes in the Sessional Division of Llandeilo, of Llanegwad, and
Llanfynydd, and in the Sessional Division of Llandovery of—
Llansawyl, and Pencarreg, -
296
PART III.-ELECTORAL AREAS.
48 & 49 Vict,
c. 23.
Schedule 7.
*T-–s
Divisions of
Counties.
COUNTY OF CARNARWON.
Two Members.- Two Divisions.
NAMES AND CoNTENTs of DIVISIONS.
No. 1.- THE SOUTHERN OR EIFION DIVISION.
The Sessional Divisions of -
Carnarvon (except so much as is comprised in Division No. 2 as
herein described), -
Eifionydd or Portmadoc, and
Pwllheli,
and the Municipal Borough of Carnarvon.
No. 2—THE NORTHERN OR ARFON DIVISION.
The Sessional Divisions of
Bangor, Conway, and Nant-Conway.
and the Parishes of Llanberis and Llanddeiniolen.
COUNTY OF CHESTER.
Eight Members.-Eight Divisions.
NAMES AND ContRNTS OF DIVISIONS.
No. 1.--THE WIRRAL DIVISION.
The Hundred of Wirral,
and the Municipal Borough of Birkenhead.
No. 2.—THE EDDISBURY DIVISION.
The Sessional Divisions of
Broxton,
Chester Castle (except so much as is comprised in the Wirral
Hundred),
Eddisbury (except so much as is comprised in Division No. 5 as
herein described), and
Nantwich (except so much as is comprised in Division No. 4 as
herein described),
the Municipal Borough of the City of Chester,
and the Parishes in the Sessional Division of Northwich of Bradwall,
Minshull Vermon, Moston, Occleston, Sutton, Tetton, Warming-
ham, and Wimboldsley.
No. 3. —THE MACCLESFIELD DIVISION.
The Municipal Boroughs of Congleton and Macclesfield,
and the Parishes in the Sessional Division of Prestbury of—Birtles, Bosley,
Eaton, Gawsworth, Henbury-cum-Texall, North Road, Wildboar-
REDISTRIBUTION OF SEATS ACT, 1885.
297
clough, and Wincle, and so much of the Parishes of Hurdsfield
and Sutton as is not included in the Municipal Borough of
Macclesfield,
and the Parishes in the Sessional Division of Northwich of Buglawton,
Hulme Welfield, Newbold, Astbury, and Radnor.
No. 4.—THE CREWE DIVISION.
The Municipal Borough of Crewe,
and the Parishes in the Sessional Division of Nantwich of Alvaston and
Beamheath in Alvaston, Barthomley, Basford, Chorlton, Church
Coppenhall, Crewe, Haslington, Hough, Nantwich, Rope, Shaving-
ton-cum-Gresty, Stapeley, Weston, Willaston, Wistaston, and
Wybunbury,
and the Parishes in the Sessional Division of Northwich of Alsager,
Arclid, Betchton, Church Lawton, Elton, Hassall, Moreton-cum-
Alcumlow, Odd Rode, Sandbach, Smallwood, and Wheelock.
No. 5. THE NORTHWICH DIVISION.
The Sessional Division of Runcorn,
and the Parishes in the Sessional Division of Daresbury of—Bartington,
Dutton, and Little Leigh,
and in the Sessional Division of Eddisbury of—Acton, Over, and
Weaverham-cum-Milton, -
and in the Sessional Division of Leftwich of Anderton, Barnton,
Castle Northwich, Cogshall, Comberbach, Davenham, Eaton,
Great Budworth, Hartford, Leftwich, Marbury, Marston, Moulton,
Northwich, Wallerscoat, Witton-cum-Twambrooks, Wincham,
and Winnington,
and in the Sessional Division of Northwich oſ-Bostock, Clive,
Croxton, Kinderton-cum-Hulme, Middlewich, Newton, lèavens-
croft, Stanthorne, Wharton, and Whatcroft.
No. 6.—THE ALTRINCHAM DIVISION.
The Sessional Divisions of
Altrincham, and Stockport (except so much as is com-
prised in Divisions No. 7 and No. 8
as herein described),
and so much of the Municipal Borough of Stockport as is situate in the
County of Chester.
No. 7. THE HYDE DIVISION.
The Sessional Division of Hyde,
so much of the Municipal Borough of Stalybridge as is included in the
County of Chester,
and the Parishes in the Sessional Division of Stockport of Bosden, Bred-
bury, Brinnington (except the part included in the Municipal
Borough of Stockport), Marple, Offerton, Romiley, and Tor-
kington.
No. 8.--THE KNUTSITORD DIVISION.
The Sessional Divisions of
Bucklow,
Daresbury (except So much as is comprised in Division No. 5 as
herein described),
Prestbury (except so much as is comprised in Division No. 3 as
herein described), and
48 & 49 Wict.
c. 23.
Schedule 7.
J)ivisions of
Cownties.
298
PART III.-I}LECTORAL AIRIEAS.
48 & 49 Vict.
c. 23.
Schedule 7.
Divisions of
Counties.
Leftwich (except so much as is comprised in Division No. 5 as
herein described),
so much of the Municipal Borough of Warrington as is situato in the
County of Chester,
and the Parishes in the Sessional Division of Northwich of Allostock,
I}lackden, Brereton-cum-Smethwick, Byley-cum-Yatehouse,
Church Hulme, Cotton, Cranage, Davenport, Goostrey-cum-
Darmshaw, Kermincham, Leese, Mooresbarrow-cum-l'arme,
Somerſord, Somerſord Booths, Sproston, Swettenham, and
Twemlow,
and in the Sessional Division of Stockport of Disley, Taxall, and
Yeardsley-cum-Whaley.
COUNTY OF CORNWALL.
Six Members.-Six Divisions.
NAMES AND CONTENTS OF DIVISIONS.
No. 1–TIE WESTERN OR ST. IVES DIVISION.
The Sessional Division of Penwith, West (including the Scilly Islands),
the Municipal Boroughs of Tenzance and St. Ives,
and the Parishes oſ-St. Jºrth and Umy-Lelant.
No. 2.- THE NORTH-WESTERN OR CAMIB()RNE DIVISION.
The Sessional Division of Penwith, East (oxcept so much as is comprised
in Division No. 1 as herein described),
and the Parishes of Gwennap and St. Agnes.
No. 3.- THE TRUTRO DIVISION.
The Sessional Divisions of
Rerrier, East (except so much as is comprised in Division No. 2
as herein described),
ICerrier, West, and
I’owder, West (except so much as is comprised in Division No. 2
as herein described)
and the Municipal Doroughs of Falmouth, IIelston, Penryn, and Truro.
No. 4.—THIE MID OR ST. AlJSTELL DIVISION.
The Sessional Divisions of
Powder, East, Powder, South, and Pyder,
and the Parishes of Ladock and St. Blazey.
No. 5.--THE SOUTH-EASTERN OTR BODMIN DIVISION.
The Sessional Divisions of
East South, Powder Tywardreath (except West IIundred,
so much as is comprised in
Division No. 4 as herein
described), and
the Municipal Boroughs of Iłodmin and Liskeard,
and the l’arishes of Bodmin, Ilelland, and Lamivet.
REDISTRIBUTION OF SEATS ACT, 1885. 299
No. 6.--THE NORTH-EASTERN OR LAUNCESTON DIVISION. * * ºyist.
The Sessional Divisions of Schedule 7.
East Middle Ilesnewth Trigg (except so much as is
cvs, v 1.71 luulu, - 2 b - & sº &
East North, Stratton, and comprised in Division No. 5 Divisions of
as herein described). Counties.
COUNTY OF CUMBERLAND.
Four Members.-J'our Divisions.
NAMES AND CONTIENTS OF DIVISIONS.
No. 1.--THE NORTHERN OR ESRIDALE I)IVISION.
The Sessional Divisions of
IEskdale Ward, Allerdale Ward below Derwent (ex-
Cumberland Ward, cept so much as is comprised in
Longtown, and Division No. 2 as herein described),
and the Municipal Borough of Carlisle.
No. 2.- THE MID OR PENRITH DIVISION.
The Sessional Divisions of
IKeswick, and Leath Ward,
and the Parishes in the Sessional Division of Allerdale Ward below Der-
went, of Allhallows, I&lencogo, I8lemmerhasset and Kirkland,
Caldbeck High and Low, Dundraw and Kelsick, IIigh Bolton,
IIigh Ireby, High and Low Thursby, Low Dolton, Low Ireby,
Sebergham High and Low, Torpenhow and Whitrigg, Uldale,
Waverton High and Low, Westward, Wigton, and Woodside.
No. 3.- THE COCIKETRMOUTII DIVISION.
The Sessional Divisions of
Derwent, and Workington.
No. 4.—THE WESTERN OR EGREMONT DIVISION.
The Sessional Divisions of
I}ootle, and Allerdale Ward above Derwent.
COUNTY OF DENIBIGH.
Two Members.--Two Divisions.
NAMES AND ContLNTs of DIVISIONs.
No. 1,–THE EASTERN DIVISION.
The Sessional Divisions of
Bromfield, and Ruabon,
the Municipal Borough of Wrexham
and the Parish of Chirk.
300 PART III.-ELECTORAL AREAS.
***Mist. No. 2.- THE WESTERN DIVISION.
e The Sessional Divisions of 4.
Schedule 7.
schedule 7. Chirk Lower (except so much Chirk Upper, Ruthin,
Divisions of as is comprised in Division Isaled, Uwchaled, and
Counties. No. 1 as herein described), Isdulas, Uwchdulas,
and the Municipal Borough of Denbigh.
COUNTY OF DERBY.
Seven Members.-Seven Divisions.
NAMES AND CONTENTs of DIVISIONs.
No. 1.—THE HIGH PEAK DIVISION.
The Scssional Divisions of :
Buxton, Chapel-en-le-Frith, and Glossop,
and the Municipal Borough of Glossop. -
No. 2.--THE NORTH-EASTERN DIVISION.
The Sessional Division of Eckington,
and the Parishes in the Sessional Division of Chesterfield, of Bolsover,
Staveley, and Whittington.
No. 3.--THE CHESTERFIELD DIVISION.
The Sessional Division of-
Chesterfield (except so much as is comprised in Division No. 2 as
herein described),
the Municipal Borough of Chesterfield,
and the Parishes in the Sessional Division of Alfreton of Ashover, Clay
Lane, and Stretton. .
No. 4.—THE WESTERN DIVISION.
The Sessional Divisions of
Appletree, Bakewell, and
Ashbourn (except the Parish of Mercaston), Wirksworth.
No. 5.—THE MID DIVISION.
The Sessional Divisions of
Alfreton (except so much as is comprised in Division No. 3 as
herein described), and
Belper.
No. 6.--THE ILKESTON DIVISION.
The Sessional Division of Smalley,
and the Parishes in the Sessional Division of Derby of—Breaston, Dray-
cott, and Wilne, Hopwell, Longcatou, Ockbrook, Risley, and
Sawlcy and Wilsthorpe.
REDISTRIBUTION OF SEATS ACT, 1885. 301
No. 7. THE SOUTHERN DIVISION. 48 & *yist
C. ©
The Sessional Divisions of Schedule 7
Derby (except so much as is com- Repton, and CI1001ll 10 ſ ,
prised in Division No. 6 as Swadlingcote, Divisions of
herein described), . . . Counties.
the Municipal Borough of Derby, and the Parish, in the Sessional Division
of Ashbourn, of Mercaston.
COUNTY OF DEVON.
Eight Members.-Eight Divisions.
NAMES AND CONTENTS OF DIVISIONS.
No. 1,–THE EASTERN OR HONITON DIVISION.
The Sessional Divisions of
Axminster, Ottery, and
Honiton, Woodbury.
No. 2.--THE NORTH-EASTERN OR TIVERTON DIVISION.
The Sessional Divisions of
- Cullompton, and Wonford (except so much as is comprised
in the Parliamentary Borough of Exeter),
and the Municipal Borough of Tiverton.
No. 3.--THE NORTHERN OR SOUTH MOLTON DIVISION.
The Sessional Divisions of
Crediton, Great Torrington, and South Molton,
and the Municipal Borough of South Molton.
No. 4.—THE NORTH-WESTERN OR BARNSTAPLE DIVISION.
The Sessional Divisions of
Bideford, and Braunton,
and the Municipal Boroughs of Barnstaple and Bideford.
No. 5. THE WESTERN OR TAVISTOCK DIVISION.
The Sessional Divisions of
Hatherleigh, Lifton, Roborough, and
Holsworthy, Midland Roborough, Tavistock,
and the Municipal Boroughs of Devonport and Plymouth.
No. 6.—THE SOUTHERN OR TOTNES DIVISION.
The Sessional Divisions of
Ermington and Plympton, and Stanborough and Coleridge,
and the Municipal Borough of Totnes.
302
PART III.—ELECTORAL AIRIEAS.
48 & 49 Wict.
c. 23.
Schedule 7.
J)ivisions of
Cownties.
No. 7, THE TORQUAY DIVISION,
The Sessional Division of Paignton,
and the Municipal Borough of Dartmouth.
No. 8. THE MID OR ASHIBURTON DIVISION.
The Sessional Divisions of
Crockernwell, and Teignbridge.
COUNTY OF DORSET.
I'our Members.-Four Divisions.
NAMES AND CoNTENTS OF DIVISIONs.
|No. 1.- THE NORTHERN DIVISION.
The Sessional Divisions of
13landford Sherborne (except so much as is Sturminster.
Shaftesbury, comprised in Division No. 4
as herein described), and
No. 2.3–THE EASTERN DIVISION.
The Sessional Divisions of -
Wareham (except so much as is comprised in Winnborne,
I)ivision No. 3 as herein described), and -
and the Municipal Borough of Poole.
No. 3.—TIII) SOUTHERN DIVISION.
The Sessional Division of
Dorchester (except so much as is comprised in Division No. 4 as
herein described),
the Municipal Boroughs of Dorchester, and Weymouth and Melcombe
Regis,
and the Parishes in the Sessional Division of Wareham of—Aff-Puddle,
Jhaldon-Horring, Coombe Keynes, East Lulworth, Moreton,
Turner's Puddle, West Lulworth, Winfrith, and Wool.
No. 4.—THE WESTERN DIVISION.
The Sessional Divisions oſ-
Bridport, and Corne,
and the Municipal Doroughs of Dridport and Lyme Regis,
and the Parishes in the Sessional Division of Dorchester of Abbotsbury,
Chilſrome, Compton Abbas, Compton Vallence, Evershot, Framp-
ton, Frome Wauchurch, Kingston-Russell, Langton-Herring,
Littlebredy, Litton-Cheney, Longbredy, Maiden-Newton, Mel-
bury-Sampford, Portisham, Puncknowle, Rampisham, Swyre,
Toller-Fratrum, Toller-Porcorum, Winterborne Abbas, Winter-
borne-Steepleton, and Wynford-Eagle,
and in the Sessional Division of Sherborne of Chetnole, Leigh,
Melbury-Osmond, Ryne Intrinsica, Stockwood, and Yetminster.
REDISTRIBUTION OF SEATS ACT, 1885. 303
COUNTY OF DURHAM. - 48 & 49 Vict.
c. 23.
Schedule 7.
Fight Members.-Eight Divisions.
Divisions of
Counties.
NAMES AND CoNTENTS OF DIVISIONS. - --
No. 1.- THE JARIROW DIVISION.
The Sessional Division of South Shields,
the Municipal Boroughs of Jarrow and South Shields,
and so much of the Parish of Heworth as is not included in the Municipal
Borough of Gateshead.
No. 2.- THE HOUGHTON-LE-SPRING DIVISION.
The Sessional Divisions of
Houghton-le-Spring (including the whole | Sunderland,
of the Parish of Moorhouse), and
the Municipal Borough of Sunderland,
and the Parishes in the Sessional 1)ivision of Seaham Harbour of Dalton-
le-Dale, East Murton, Seaham, and Seaton and Slingley.
No. 3.—THE CHESTER-LE-STREET DIVISION.
The Sessional Divisions of
Chester-le-Street, and Gateshead (except so much as is comprised in
Division No. 1 as herein described),
and the Municipal Borough of Gateshead.
No. 4.—THE NORTH-WESTERN DIVISION.
The Sessional I)ivision of-
Lanchester and Consett,
and the Parishes of Edmondbyers and Hunstamworth.
No. 5.--THE MID DIVISION.
The Sessional Division of- .
Durham including Willington (inclusive of the whole of the Parish of
Shadforth, but exclusive of every part of the Parish of Moorhouse),
and the Municipal Borough of Durham.
No. 6.--THE SOUTH-EASTERN DIVISION.
The Sessional Divisions of
Castle Eden (exclusive of any part of Stockton-on-Tees, and
the Parish of Shadforth), West Hartlepool,
Darlington,
Seaham Harbour (except so much as
is comprised in Division No. 2 as
herein described),
and the Mºral Boroughs of Darlington, Hartlepool, and Stockton-on-
Tees.
304
PATRT III.—ELECTORAL AIRIEAS.
48 & 49 Vict,
c. 23.
Schedule 7.
Divisions of
Counties.
No. 7.--THIE ISISHIOP AUCIXLAND DIVISION.
The Sessional Division of
Dishop Auckland (except so much as is comprised in Division No. 8
as herein described).
No. 8.--THE BARNARD CASTLE DIVISION.
The Sessional Divisions of
Barnard Castle | Stanhope (except the Parishes | Wolsingham,
and Staindrop, of Hunstanworth and Ed-
mondbyers), and
and the Parishes in the Sessional Division of Bishop Auckland of-Auck-
land St. IIelem, 13olam, Crook and Billy Row, Evenwood and
Barony, IIamsterley, North Bedburn, South Bedburn, West
Auckland, and Witton-le-Wear.
COUNTY OF ESSEX.
Eight Members.-Eight Divisions.
NAMES AND CoNTENTs of DIVISIONS.
No. 1.—THE SOUTII-WESTERN OR WALTHAMSTOW DIVISION.
The Parishes of Low Leyton, Walthamstow, and Woodford.
No. 2.--THE SOUTHERN OR ROMFORD DIVISION.
The Sessional Division of Bacontroe (except so much as is comprised in
Division No. 1 as horoin described),
and the Liberty of Havering-atto-Bower.
No. 3.--THE WIESTERN OR EPPING DIVISION.
The Sessional Divisions of
Dummow (except the Parish of Thaxted), IIarlow, and
Epping, Ongar.
No. 4.—THE NOIRTHERN OR SAFFRON WALDEN DIVISION.
The Sessional Divisions of
Freshwell,
Hinckford (North),
Hinckford South (Halstead Bench) (except so much as is com-
prised in Division No. 6 as herein described), and
Walden,
the Municipal Borough of Saffron Walden, and so much of the Municipal
Borough of Sudbury as is situate in the county of Essex,
and the Parish of Thaxted.
REDISTRIBUTION OF SEATS ACT, 1885. 305
No. 5.--THE NORTH-EASTERN OR HARWICH DIVISION.
The Sessional Divisions of
Lexden and Winstree (except so much
48 & 49 Vict,
c. 23.
Schedule 7.
Tendring, **-*-ºsmºsºmºmºmºm.
as is comprised in Division No. 6 as Divisions of
herein described), and Counties.
and the Municipal Boroughs of Colchester and Harwich.
No. 6.—THE EASTERN OR MALDON DIVISION.
The Sessional Divisions of
Hinckford South (Braintree Bench) and Witham,
the Municipal Borough of Maldon,
and the Parishes, in the Sessional Division of Hinckford South (Halstead
Bench), of
ICarls Colne, and Halstead,
and, in the Sessional Division of Lexden and Winstree, of
Aldham, Easthorpe, Great Tey, Little Tey, Marks Tey, and
Pontisbright.
No. 7.--THE MID OR CHELMSFORD DIVISION.
The Sessional Divisions of
Brentwood (except the Parishes of Rainham Chelmsford.
and Wennington), and
No. 8. THE SOUTH-EASTERN DIVISION.
The Sessional Divisions of
Dengie Orsett, and Rochford,
and the Parishes of Rainham and Wennington.
COUNTY OF GIAMORGAN.
Five Members.-Fivo Divisions.
NAMES AND CONTENTS OF DIVISIONS.
No. 1.--THE EASTERN DIVISION.
The Sessiona Divisions of
Jaerphilly Higher,
Caerphilly Lower, including
the whole of the Parish of
Eglwysilan.
Miskin Higher, and
Miskin Lower (except so much as is
comprised in Divisions No. 2 and
No. 5 as herein described).
No. 2.--THE RHONDDA DIVISION.
The Parish of Ystradyfodwg.
No. 3.−TEIE WESTERN OR GOWER DIVISION *
The Sessional Divisions of +
Gower, Pontardawe, and Swansea,
and the Municipal Borough of Swansea. -
X
306
PART III.-ELECTORAL AREAS.
48 & 49 Vict.
c. 23.
Schedule 7.
Divisions of
Counties.
No. 4.—THE MID DIVISION.
The Sessional Divisions of
Neath, and Newcastle and Ogmore (except so much
- as is comprised in Division No. 5 as
herein described),
and the Municipal Borough of Aberavon.
No. 5.—THE SOUTHERN DIVISION.
The Sessional Divisions of
Cowbridge, Dinas–Powis, and Kibbor, except any part of
the Parish of Eglwysilan.
the Municipal Borough of Cardiff,
and the Parishes in the Sessional Division of Newcastle and Ogmore of—
Colwinstone, Coychurch Higher, Coychurch Lower, Coyty Higher,
Coyty Lower, Ewenny, Llandow, Llangan, Marcross, Merthyr
Mawr, Monknash, Newcastle Lower, Newton Nottage, Pencoed,
Peterstone, St. Andrew Minor, St. Bride Major, St. Domats, St.
Mary Hill, Tythegston Lower, and Wick.
and in the Sessional Division of Miskin Lower, of Llantrisaint.
COUNTY OF GLOUCESTER.
Five Members.-Five Divisions.
NAMES AND CONTENTs of DIVISIONS.
No. 1.--THE MID OR STROUD DIVISION.
The Sessional Divisions of
Dursley (except the Parish Stroud, and
of Slimbridge), Wootton-under-Edge,
Horsley,
and the Parishes in the Sessional Division of Whitminster, of—Eastington,
º King Stanley, Leonard Stanley, Randwick, and Stone-
OUIS®.
No. 2.--THE NORTHERN OR TEWKESBURY DIVISION.
The Sessional Divisions of
Berkeley, Whitminster (except so much as
Cheltenham, is comprised in Division No. 1
Gloucester, as herein described), and
Tewkesbury, Winchcomb,
and the Municipal Boroughs of Gloucester and Tewkesbury,
and the Parish of Slimbridge.
No. 3.--THE EASTERN OR CIRENCESTER DIVISION.
The Sessional Divisions of
Campden, Moreton-in-the-Marsh, Stow, and
Cirencester, Northleach, Tetbury.
Fairford,
REDISTRIBUTION OF SEATS ACT, 1885. 307
No. 4.—THE FOREST OF DEAN DIVISION. 48 & 49 Vict.
The Sessional Divisions of c. 23.
Coleford, Newent, and Schedule 7.
Lydney, Newnham. Dicisions of
No. 5. THE SOUTHERN OR THORNBURY DIVISION. Counties.
The Sessional Divisions of
Lawford's Gate (except so much
as is included in the Parliamen-
tary Borough of Bristol),
Sodbury, and
Thornbury.
COUNTY OF HANTS, EXCLUSIVE OF THE ISLE OF WIGHT.
Five Members.-Five Divisions.
NAMES AND CONTENTS OF DIVISIONs.
No. 1.- THE NORTHERN OR BASINGSTOKE DIVISION.
The Sessional Divisions of
Basingstoke and Odiham,
and the Municipal Borough of Basingstoke.
No. 2. —TEIE WESTERN OR ANDOWER DIVISION.
The Sessional Divisions of—
Andover, Winchester (except so much as is com-
Kingsclere, and prised in Division No. 3 as herein
described),
the Municipal Boroughs of Andover and Winchester,
and the Parishes, in the Romsey Sessional Division, of Bossington,
Broughton, Crown Farm, East and West Buckolt, Fast Tyther-
ley, Frenchmoor, Houghton, Kings Sombourn, Upper Eldon, and
West Tytherley.
No. 3.--THE EASTERN OR PETERSFIELD DIVISION.
The Sessional Divisions of
Alton, Droxford, and Petersfield,
and the Parishes, in the Winchester Sessional Division, of -Beauworth,
Bighton Bishops Sutton, Bramdean, Brown Candover, Cheriton,
Chilton Candover, Godsfield, Hinton Ampner, Itchen Stoke,
Kilmiston, New Alresford, W., Northington, Old Alresford, Oving-
ton, Ropley, Swarraton, Tichborne, and West Tisted.
No. 4.—THE SOUTHERN OR FAREHAM DIVISION.
The Sessional Divisions of
Fareham and .
Southampton (except so much as is comprised in Division No. 5
as herein described),
and the Municipal Boroughs of Portsmouth and Southampton.
X 2
308 PART III.-ELECTORAL AREAS.
48 & 49 Wict. No. 5. THE NIEW FOREST DIVISION.
c. 23.
Schedule 7 The Sessional Divisions of L g * * *
o Lymington, Romsey (except so much as is comprised in
Divisions of Ringwood, and Division No. 2 as herein described),
Counties. the Municipal Borough of Romsey,
and the Parishes of Chilworth and North Stoneham.
COUNTY OF HEREFORD.
Two Members.--Two Divisions.
NAMES AND CONTENTS OF DIVISIONS.
No. 1.- THE NORTHERN OR LEOMINSTER DIVISION.
The Sessional Divisions of
Bredwardine, Kington, Weobley, and
Bromyard, Leominster, Wigmore,
and the Municipal Borough of Leominster.
NO. 2.- THE SOUTHERN OR ROSS DIVISION.
The Sessional Divisions of
Dore, Hereford,
Harewood's End, Ledbury, and
and the Municipal Borough of Hereford.
Ross.
COUNTY OF HERTFORD.
Four Members.-Four Divisions.
NAMES AND Contunts of DIVISIONS.
No. 1,–THE NORTHERN OR HITCHIN DIVISION.
The Sessional Divisions of
Albury (except the Parishes | Buntingford, Stevenage, and
of Great and Little Had- | Hitchin, Welwyn,
ham), Odsey,
and the Parish of Braughing.
No. 2.--THE EASTERN OR HERTFORD DIVISION.
The Sessional Divisions of
Bishop Stortford, Hertford (except so much Ware (except the
Cheshunt, as is comprised in Divi- Parish
sion No. 3 as herein Braughing),
described), and
the Municipal Borough of Hertford.
and the Parishes of Great Hadham and Little Hadham.
of
REDISTRIBUTION OF SEATS ACT, 1885.
309
No. 3.- THE MID OR ST. ALBAN’S DIVISION. 48 * ºyist.
The Sessional Divisions of tº dº sº gº
Barnet and St. Alban's, Schedule 7.
the Municipal Borough of St. Alban's, Divisions of
and the Parishes in the Sessional Division of Watford of—Aldenham,
Counties.
in the Sessional Division of Hertford of—Essendon, Hatfield Bishops,
and North Mimms.
and in the Sessional Division of Dacorum of—Flamstead, Great
Gaddesden, Kensworth, and Little Gaddesden, and such parts of
the Parishes of Caddington, Studham, and Whipsnade as are in
the County of Hertford.
No. 4.—THE WESTERN OR WATFORD DIVISION.
The Sessional Divisions of
Dacorum (except so much as
is comprised in Division
No. 3 as herein described),
and
Watford (except as
Parish of Alden-
ham).
COUNTY OF HUNTINGDON.
Two Members.--Two Divisions.
NAMES AND CONTENTS OF DIVISIONS.
No. 1.- THE SOUTHERN OR HUNTINGDON DIVISION.
The Sessional Divisions of
Leightonstone, and Toseland.
No. 2.- THE NORTHERN OR TRAMSAY DIVISION.
The Sessional Divisions of
Hurstingtone,
Ramsey.
Norman Cross, and
COUNTY OF KENT.
Eight Members.-Eight Divisions.
NAMES AND ContLNTS OF DIVISIONS.
No. 1.- THE WESTERN OR SEVENOAKS DIVISION.
The Sessional Divisions of
Bromley (except so much as is comprised in Division No. 2 as
herein described), and
Sevenoaks,
the Parish of Mottingham,
the area of the Parliamentary Borough of Lewisham,
and so much of the area of the Parliamentary Borough of Deptford as is
included in the County of Kent.
310
PART III.—ELECTORAL AREAS.
48 & 49 Vict,
c. 23.
Schedule 7.
Divisions of
Counties.
No. 2.--THE NORTH-WESTERN OR 1) ARTFORD DIVISION.
The Sessional Division of l)artford, -
the parishes in the Sessional Division of Bromley of—I'oot's Cray, North
Cray, Orpington, St. Mary Cray, and St. Paul's Cray,
and the area of the Parliamentary Boroughs of Greenwich and Woolwich.
No. 3.—THE SOUTEI-WESTERN OR TUNIBRIDGE DIVISION.
The Sessional Divisions of —
Tunbridge, and Tunbridge Wells,
and the Parishes in the Sessional Division of Malling of-Hunton, East
Peckham, Nettlested, and Yalding.
No. 4.—THE MID OR MEDWAY DIVISION.
The Sessional Divisions of
Bearstead, -
Malling (except so much as is comprised in Division No. 3 as herein
described), and
Rochester, including the parish of Grange (non-corporate member
of Hastings),
and the Municipal Boroughs of Gravesend, Maidstone, and Rochester.
No. 5.—THE NORTH-EASTERN OR FAVERSHAM DIVISION.
The Sessional 1)ivision of Faversham,
the Municipal Borough of Faversham;
and the Corporate Town of Queenborough.
No. 6–THE SOUTHERN OR ASHFORD DIVISION.
The Sessional Divisions oſ-
Ashford, and Cranbrook,
the Municipal Borough of Tenterden,
the Corporate Towns of Lydd and New Romney,
and so much of the Liberty of Romney Marsh as is not included in Division
No. 7 as herein described. -
No. 7.--THE EASTERN OR ST. AUGUSTINE'S DIVISION.
The Sessional Divisions of
I}lham, Home, and . - Wingham,
the Municipal Boroughs of Canterbury, Deal, Dover, Folkestone, and
IIythe,
and Fordwich (Corporate Town), 13ekesbourne (non-corporate member of
IIastings), Itingswold and Kingsdown (non-corporate members of
l)over), and Walmer (non-corporate member of Sandwich),
and such parts of the parishes of Aldington, IIurst, Lympne, Newington-
next-Hythe, Sellinge, and West IIythe, as are within the Liberty of
Romney Marsh. -
No. 8. THE ISLE OF THANIET DIVISION.
The Sessional 1)ivision of Ramsgate,
the Municipal Boroughs of Margate and Sandwich,
also Ramsgate and Sarre (lion-corporate members of Sandwich), and
Birchington, Minster, St. John, St. Peter, and Wood (non-corporate
members of Dover).
REDISTRIBUTION OF SEATS ACT, 1885. 311
48 & 49 Vict.
COUNTY OF LANOASTER. ****
Schedule 7.
Twenty-three Members.--Twenty-three Divisions.
Divisions of
Counties.
NORTH LANCASHIRE,
Four Members.-Four Divisions.
NAMES AND CONTENTS OF DIVISIONs.
No. 1.- THE NORTH LONSDALE DIVISION.
The Sessional Divisions of
Barrow-in-Furness, Hawkshead, and North Lonsdale (in
cluding Cartmel),
and the Parishes in the Sessional Division of South Lonsdale of Bolton-
le-Sands, Borwick, Carnforth, Dalton, Nether Kellet, Over Kellet,
Priest Hutton, Silverdale, Warton-with-Lindeth, Yealand-Conyers,
and Yealand-Redmayne.
No. 2.--THE LAN CASTER DIVISION.
The Sessional Divisions of
Garstang, South Lonsdale (except so much as is
Hornby, and comprised in Division No. 1 as herein
described).
and the Municipal Borough of Lancaster.
No. 3.--THE BLACKPOOL DIVISION,
The Sessional Divisions of
Amounderness, Leyland (except so much as is comprised
Kirkham, and in Division No. 4 as herein described),
and the Municipal Borough of Preston.
No. 4.—THE CHORLEY DIVISION.
The Sessional Division of Leyland Hundred,
and the Parishes in the Sessional Division of Leyland of—Clayton-le-
Woods, Cherden and Leyland.
NORTH-EAST LAN CASHIRE,
*
Four Members.-Four Divisions.
NAMES AND ContrºNTs of DIVISIONs.
No. 5.--THE DARWEN DIVISION.
The Sessional Divisions of
Blackburn (except so much as is Darwen, and
comprised in Division No. 7 Walton-le-Dale,
as herein described), -
the Municipal Boroughs of Blackburn and Over Darwen,
312
PART III.—ELECTORAL ARIAS.
48 & 49 Vict, and the l’arishes in the Sessional 1)ivision of Clitheroo of—Aighton Bailey
c. 23.
Schedule 7.
Divisions of
Counties.
and Chaigley, Little Iłowland, Chipping, and Leagram, and Thornley
with Wheatley.
No. (3.−TIII) (JLITIII)||ROI) I)IVISI())M.
The ScHsional 1)ivisions oſ—
I}urnley (oxcept the l’arish of ILapton), -
Clithoroo (except so much as is comprisod in Division No. 5 as heroin
described), and
Colno,
and the Municipal Boroughs of 13urnley and Clitheroe.
No. 7...—TIII) AC(JIRINGTON I)[VISION.
The Municipal Dorough of Accrington, - .
and the Parishes oſ-Allham, Church, Clayton-le-Moors, Ilapton, Iluncoat,
Oswaldtwislo, and IRishton.
No. 8.—TIII) ROSSINI)ALI. I.) IVISION,
The SoHHional Division of RoHSondale,
and so much of the Municipal Rorough of Bacup as is not included in the
SOHHional Division of IROHHendalo.
S() UTII - 1)AST IMAN (JASIIII?I).
I'light Members.--I'light 1)ivisions.
NAMICS AND Conſ'ſ NTH on DIVISIONH.
No. 9.--TIII) WISTII() UGIITON I.) IVISION.
The SoHsional Division of Bolton (oxcept So much as is comprised in
l)ivision No. 12 as herein described),
and the Municipal Borough of Bolton.
No. 10.—TIII) III] YWO()].) I)IVISION.
The SeHsional Division of Bury (except so much as is comprised in
Divisions No. 11 and No. 12 as heroin described),
the Municipal Doroughs of Bury and Heywood,
and Ho much of the Parish of Spotland as is not included in the Local
Government District of Whitworth, or in the Municipal Borough of
I}acup, or in the Municipal 13orough of Rochdale.
No. 11.----'l'III) MII)]) [I]"I'() N I) IVISI() M.
The Sessional Division of Middleton (except so much of the l’arish of
Spotland as is included in l)ivision No. 10 as herein doscribed, or in
the Municipal Borough of Bacup),
the Municipal 13orough of Rochdale,
and the Parishes of --Alkrington and Tongo,
and in the Sessional Division of Bury so much of the Parish of IIopwood
as is not included in the Municipal Borough of Heywood.
IIEDISTIRIBUTION OF SEATS ACT, 1885. 313
No. 12–THE RADCLIFFE-OUM-FARNwon't/I DIVISION. **.*.*
The Parishes in the Sessional I)ivision of Bolton oſ--I'arnworth, Kcarsley, Schedule 7.
and Little IIulton, -
and in the Sessional Division of Bury the Parish of Pilkington, and 80
much of the Parish of Radcliſſe as is not included in the Municipal
Dorough of Bury.
Divisions of
Counties.
No. 13.−TIII) ECCLIES DIVISION.
The Parishes oſ-—Barton-upon-Irwell, Clifton, I'lixton, Urmston, and
Worsley, and so much of the Parish of Pendlebury as is not within
the Municipal Borough of Salford.
No. 14.—'I'HE STRIETI'OI&T) DIVISION.
The Municipal Boroughs of Manchester and Salford, and so much of the
Municipal Borough of Stockport as is situate in the County of
Lancaster, -
and the Parishes of Bradford, Burmage, Chorlton-cum-Hardy, Didsbury,
Harpurhey, Lovenshulme, Moss Side, Newton, Reddish, Rusholme,
Stretford, and Withington, and so much of the Parish of IIeaton
Norris as is not included in the Municipal Borough of Stockport.
No. 15.--THE GORTON DIVISION.
The Parishes of Denton, Haughton, and Openshaw, and so much of
the Parish of Gorton as is not included in the Parliamentary
I}orough of Manchester.
No. 16.--TIII. PRESTWICH DIVISION.
The Municipal Boroughs of Ashton-under-Lyne and Oldham,
and the Parishes of 13|ackley, Chadderton, Crompton, Crumpsall, Droy-
lesden, l'ailsworth, Great Heaton, Little Heaton, Moston, Prest-
wich, and Royton, and so much of the Parish of Ashton-under-
Lyne as is not included in the Municipal Borough of Ashton-
under-Lyme.
SOUTII-WEST LANCASIIIl{E.
Seven Members.-Seven Divisions.
NAMES AND CoNTENTs or Divisions.
No. 17,-THIS SOUTIIL’Ol'T DIVISION.
The Sessional Division oſ-Southport,
the Municipal Borough of Southport,
*nd thº, Parishes of Great Crosby, Inco Blundell, Little Crosby, and
Thornton. -
314
PART III.-ELECTORAL AREAS.
48 & 49 Vict,
c. 23.
Schedule 7.
Divisions of
Counties.
No. 18.--THE ORMSKIRK DIVISION.
The Sessional Division of Ormskirk,
and the Parishes of Aintree, Dalton, Kirkby, Litherland, Lunt, Netherton,
Orrell and Ford, Sefton, and Upholland,
and, in the Prescot Sessional Division, of_Croxteth Park, Knowsley,
and Prescot.
No. 19.--THE BOOTLE DIVISION.
The Municipal Boroughs of Liverpool and Bootle cum Linacre,
and the Parishes of Childwall, Fazakerley, Walton-on-the-Hill, and
Wavertree, and so much of the Parishes of West Derby and
Toxteth Park as is not included in the Municipal Borough of Liver-
pool.
NO. 20.--THE WIDNES DIVISION.
The Sessional Division of-
Prescot (except the Parish of Rainhill and so much as is comprised
in Division No. 18 and Division No. 21 as herein described),
and the Parishes oſ-Allerton, Garston, Hale, Halewood, Little Woolton,
Much Woolton, and Speke.
No. 21.--THE NEWTON DIVISION.
The Sessional Divisions of
St. Helens, and Warrington,
the Municipal Borough of St. Helens, and so much of the Municipal
13orough of Warrington as is situate in the county of Lancaster,
and the Parishes of Ashton in Makerſfield, Billinge Chapel End, Billinge
Higher End, Rainhill, and Winstanley, and so much of the Parish
of Eccleston as is comprised in the Sessional Division of Prescot.
No. 22.—THE INCE IDIVISION.
The Municipal Borough of Wigan,
and the Parishes of Abram, Haigh, Hindley, Ince in Makerfield, Orrell,
and Pemberton.
No. 23.−THE LEIGH DIVISION.
The Sessional Division of Leigh.
COUNTY OF LEICESTER.
Four Members.—I'our Divisions,
NAMES AND CONTIENTS OF DIVISIONs.
No. 1,–THE EASTERN Ol' MELTON DIVISION.
The Sessional Divisions of
Belvoir, Iºast Norton (except so much as is comprised in
Division No. 4, as herein described), and Melton Mowbray,
and the Parishes in the Sessional Division of Leicester of Barkby, Barkby
Thorpe, Beeby, Belgrave, Birstall, Bushby, Evington, Great
REDISTRIBUTION OF SEATS ACT, 1885. 315
Stretton, Houghton-on-the-Hill, Humberstone, Hungarton, Key- 48 & 49 Vict,
ham, Little Stretton, North Thurmaston, Queeniborough, Ratcliffe- c. 23.
on-the-Wreak, Rearsby, Scraptoft, South Croxton, South Thur- Schedule 7.
maston, Stoughton, Syston, Thurnby, and Wanlip, ——
and the Parishes in the Sessional Division of Loughborough, of Cossington, Biºisiºns of
Seagrave, and Sileby. Counties.
No. 2–THE MID OR LOUGHBOROUGH DIVISION.
The Sessional Division of-
Loughborough (except so much as is comprised in Division No. 1 as
herein described),
and the Parishes, in the Sessional Division of Ashby-de-la-Zouch, of
Bardon, Breedon, Osgathorpe, Thringstone, and Whitwick,
and in the Sessional Division of Leicester, of Ansty, Ansty
Pastures, Beaumont Leys, Cropston, Gilroes, Leicester Abbey,
Leicester Frith, Markfield, Newtown Linford, Ratby, and Thur-
Caston.
No. 3.--THE WESTERN OR BOSWORTH DIVISION.
The Sessional Divisions oſ- -
Ashby-de-la-Zouch (except so much as is Market Bosworth.
comprised in Division No. 2 as herein
described), and - -
No. 4.—THE SOUTHERN OR HARBOROUGH DIVISION.
The Sessional Divisions of
Lutterworth, and - Market Harborough,
and so much of the Sessional Division of Leicester as is not comprised in
Divisions No. 1 and No. 2 as herein described,
and the Parishes, in the Sessional Division of Jºast Norton, of Blaston,
Bringhurst, Cranoe, Drayton, Glooston, Great Easton, Hallaton,
ºngº, Nevill Holt, Stockerston, and Stoke Dry with Holy
àkS,
and the Municipal Borough of Leicester.
COUNTY OF LINCOLN.
Seven Members.-Seven Divisions.
NAMES AND CONTENTS or DIVISIONs.
No. 1.-TIII. WEST LINDSEY OR GAINSBOROUGH DIVISION.
The Sessional Divisions in the parts of Lindsey of—
Epworth, Gainsborough, and Lincoln,
the Municipal Borough of Lincoln, -
and the parish of Bracebridge.
316 PART III.-lèLECTORAL AlèEAS.
48 & 49 Vict. No. 2. —TIII) NORTLI LINIDSIEY OR BRIGG DIVISION.
c. 23. The Sessional Divisions in the parts of Lindsey of
Schedule 7. I3arton-on-Humbor, Grimsby (except so much | Winterton,
H Brigg, as is comprised in Divi-
}. of sion No. 3 as herein
J'O?!?! Ütº S. described), and
and the Municipal Borough of Great Grimsby.
No. 3.—TIII) EAST LINDSEY OR LOUTII DIVISION.
The Sessional Divisions in the parts of Lindsey of—
Louth, Markot Rason, and Wragby.
the Municipal Borough of Louth,
and the Parishes—
in the Sessional 1)ivision of Alford of—
Fast Theddlethorpe (St. IIelens), Gayton-le-Marsh, Mablethorpe,
South Reston, and West Theddlethorpe (All Saints).
in the Sessional Division of Grimsby of—
I'ulstow, Grainsby, Ilawerby-cum-Beesby, Holton-le-Clay,
IIumberstone, Marshchapel, North Cotes, North Thorosby,
Swinhope, Tetney Waith, and Wold Nowton, and
in the Sessional Division of IIorncastle oſ-
Asterby, T3aumbor, 13clchford, Bucknall, Cawkwell, Gautby,
Goulceby, Great Sturton, IIomingby, Horsington, Market
Stainton, Minting, Ranby, Scamblesby, Stenigot, Stixwoud,
Waddingworth, and Wispington.
No. 4.—TIII). SOUTH LINI)SI)Y OR IIOIRNCASTLE DIVISION.
The Sessional Divisions in the parts of Lindsey of—
Alford (except so much as is comprised in Division No. 3 as heroin
described),
IIorncastle (except so much as is comprised in Division No. 3 as
heroin described), and
Spilsby.
No. 5, ITIE NOIRTH. KESTIEWIEN OR SLIEAFORD DIVISION.
The Sessional Divisions in the parts of Kestevon of—
Lincoln (except the l’arish of Bracebridge), and
Sleaford,
and the Parishes in the Sessional Division (in the parts of Holland) of
Kirton and Skirbeck of—Amber Hill, Bicker, Drothertoſt, Doning-
ton, Copping Syke, l)rainage Marsh, I'erry Corner Plot, Gibbet
IIills, Great 13eats, Ilittle 13eats, Great Brand Iºnd I’lot, Little
Brand End Plot, IIart's Grounds, Mown Rakos, North I'ortyfoot
T}ank, l’elham's Lands, Royalty I'arm, Sovon Acres, South of the
Witham, and Swineshead.
No. 6. THE SOUTII RIESTEVEN OR STAMI'ORD DIVISION.
The Sessional Divisions in the parts of Kesteven of-
I}ourn, and Spittlegate,
the Municipal Dorough of Grantham, and so much of the Municipal
I}orough of Stamford as is situate in the County of Lincoln,
and in the Sessional Division (in the parts of Holland) of Elloe the Parish
of Crowland.
REDISTRIBUTION OF SEATS ACT, 1885. 317
No. 7, THE HOLLAND OR SPALDING DIVISION. ***Mist.
The Sessional Divisions in the parts of Holland of— - Schedule 7.
Iºlloe (except the Parish of Crowland), and - ——
Kirton and Skirbeck (except so much as is comprised in Division ºn of
No. 5 as herein described), Counties.
and the Municipal Borough of Boston.
COUNTY OF MIDI) LESEX.
Soven Members.-Seven Divisions.
NAMIES AND CONTENTS OF DIVISIONS.
No. 1.- THE ENFIELD DIVISION.
The Parishes of Edmonton, Enfield, Fryern Barnet, Monken Hadley,
and South Mimms.
No. 2.- THE TOTTENHAM DIVISION.
The Parish of Tottenham,
and the area included in the Parliamentary Boroughs of Bethnal Grcen,
Hackney, Shoreditch, and Tower Hamlets.
No. 3.- TIIE EIORNSEY DIVISION.
The Parishes of Finchley and Hornsey (including South Hornsey),
and the arca included in the Parliamentary Boroughs of City of London,
Finsbury, and Islington.
No. 4.—THE HARROW DIVISION.
The Parishes of Edgware, Great Stanmore, Harrow-on-the-Hill, Hendon,
Ringsbury, Little Stanmore, Pinner, Twyford Abbey, and Wil-
lesden,
and the area included in the Parliamentary Boroughs of Hampstead,
Marylebone, l’addington, and St. Pancras.
No. 5,--THE IRALING DIVISION.
The Parishes of Acton, Chiswick, Ealing (except so much as is included
in the Drentſord Local Government District), Greenford, and
Perivale, and the detached part of the parish of Hanwell, which
is situate between Ealing and Twyford,
and the area included in the l’arliamentary Boroughs of Chelsea, Fulham,
Hammersmith, Kensington, St. George Hanover Square, Strand,
and Westminster. -
No. 6.—THE IBRENTFORD IDIVISION.
The Local Government District of Brentford,
and the Parishes of Hanwell (except the detached part included in No. 5
Division as herein described), Heston, Isleworth, Norwood, and
Twickenham.
318 PART III.-ELECTORAL AREAS.
48 & 49 Wict.
c. 23. No. 7,--THE Ux BRIDGE DIVISION.
Schedule 7.
The Parishes of Ashford, Cowley, Cranford, East Bedfont, Feltham,
Hampton, Hampton Wick, Hanworth, Harefield, Harlington,
Harmondsworth, Hayes, Hillingdon, Ickenham, Laleham, Little-
ton, Northolt, Ruislip, Shepperton, Staines, Stanwell, Sunbury,
Teddington, Uxbridge, and West Drayton.
Divisions of
Counties.
COUNTY OF MONMOUTH.
Three Members.-Three Divisions.
NAMES AND CoNTENTS OF DIVISIONs.
No. 1.- THE NORTHERN DIVISION.
The Sessional Divisions of
Abergavenny,
Pontypool, and Skenfrith.
No. 2–THE WESTERN DIVISION.
The Sessional Division of Bedwellty (except the Parishes of Bedwas and
Mynyddislwyn).
No. 3.- THE SOUTHERN DIVISION.
The Sessional Divisions of
Caerleon, Monmouth, Trellech, and
Chepstow, Newport, Usk,
Christchurch, Raglan,
the Municipal Boroughs of Monmouth and Newport,
and the Parishes of Bedwas and Mynyddislwyn.
COUNTY OF NORFOLR.
Six Members.-Six Divisions.
NAMES AND CONTENTS OF DIVISIONs.
No. 1.—THE NORTH-WESTERN DIVISION.
The Sessional Divisions of
Freebridge Lynn, Gallow, and
- Freebridge Marshland, Smithdon and Brothercross,
and the Municipal Borough of King's Lynn.
REDISTRIBUTION OF SEATS ACT, 1885. 319
No. 2. —THE SOUTH-WESTERN DIVISION. ****
The Sessional Divisions of Schedule 7.
Clackclose, South Greenhoe, and —
Grimshoe, Wayland, Divisions of
and so much of the Municipal Borough of Thetford as is situate in the Counties.
County of Norfolk.
No. 3.--THE NORTHERN DIVISION.
The Sessional Divisions of
Eynsford, North Greenhoe, and
Holt, South Erpingham (except so much as is
North Erpingham, comprised in Division No. 4 as herein
| described).
No. 4.—THE EASTERN DIVISION.
The Sessional Divisions of
Blofield and Walsham, Taverham, and
East and West Flegg, Tunstead and Happing,
so much of the Municipal Borough of Great Yarmouth as is situate in the
County of Norfolk,
and the Parishes in the Sessional Division of South Erpingham of—
Belaugh, Coltishall, Great Hautbois, Lammas with Little Haut-
bois, Scottow, and Swanton Abbot.
-
No. 5.—THE MID DIVISION.
The Sessional Divisions of
Forehoe, Mitford and Launditch.
Guiltcross and Shropsham, and
No. 6.—THE SOUTHERN DIVISION.
The Sessional Divisions of
Depwade, Earsham, Swainsthorpe.
Diss, Loddon and Clavering, and
COUNTY OF NORTHAMPTON.
Four Members.-Four Divisions.
NAMES AND ContFNTS OF DIVISIONS.
No. 1.- THE NORTHERN DIVISION.
The Sessional Divisions of L
Kettering (except so much as is Oundle, and
comprised in Divisions No. 2 Thrapstone,
and No. 3 as herein described),
the Liberty of the Soke of Peterborough,
and so much of the Municipal Borough of Stamford as is included in the
County of Northampton.
320 PART III.-ELECTORAL AREAS.
48 & 49 Wict.
c. 23. No. 2.- THE EASTERN DIVISION.
Schedule 7. The Sessional Division of Wellingborough,
T. T and the Parishes in the Sessional Division of Kettering of-Broughton,
ſº of Cransley, Kettering, and Pytchley.
No. 3.- THE MID DIVISION.
The Sessional Divisions of
Little Bowden, and Northampton,
the Parishes—
in the Sessional Division of Kettering of-
Draughton, Faxton, Glendon, Harrington, Loddington, Maws-
ley, Orton, Rothwell, and Thorpe Malzor, and
in the Sessional Division of Daventry of—
Ashby St. Ledgers, Barby, Claycoton, Crick, Elkington, Kilsby,
Lilbourne, Long Buckley, Stanford, Watford, West Haddon,
Winwick, and Yelvertoft,
and the Municipal Borough of Northampton.
No. 4.—THE SOUTHERN DIVISION.
The Sessional Divisions of
Brackley, Daventry (except so much as is Towcester.
comprised in Division No. 3
as herein described), and
COUNTY OF NORTHUMBERLAND.
Four Members.-Four Divisions.
NAMIS AND CONTENTS OF DIVISIONS.
No. 1.—THE WANSIBECK DIVISION.
The Sessional Divisions of
Bedlingtonshire, Castle East (except the Parish Morpeth,
of Wallsend), and
and the Parishes— -
in the Sessional Division of Castle West of Berwick Hill,
Brenkley, Callerton High, Callerton Little, Coldcoats, Cram-
lington, Dalton, Darras Hall, Dinnington, East Heddon, Each-
wick, Heddon-on-the-Wall, Higham Dykes, Horton Grange,
|Houghton and Close House, Kirkley, Mason, Milburn, Milburn
Grange, North Dissington, Ponteland, Prestwick, Rudchester,
South Dissington, Stannington, West Heddon, Whitchester,
and Wylam,
and in the Sessional Division of Coquetdale East of Acklington,
Acklington Park, Amble, Gloster Hill, Hauxley, Morwich,
Togstone, and Warkworth.
REDISTRIBUTION OF SEATs ACT, 1885. 321
No. 2.- THE TYNESIDE DIVISION. ***Mist.
The Sessional Division of Castle West (except so much as is comprised schedule 7.
in Division No. 1 as herein described), ****
the Municipal Boroughs of Newcastle-upon-Tyne, and Tynemouth, Divisions of
and the Parish of Wallsend. Counties.
No. 3.—THE HEXELAM DIVISION.
The Sessional Divisions of
Bellingham, Haltwhistle, and
Coquetdale, West, Tynedale.
No. 4.—THE BERWICK-UPON-TWEED DIVISION.
The Sessional Divisions of
Bamburgh, Coquetdale, North,
Coquetdale, East (except Glendale, and
so much as is comprised Norhamshire and Islandshire,
in Division No. 1 as
herein described),
and the Municipal Borough of Berwick-upon-Tweed.
COUNTY OF NOTTINGHAM.
Four Members.-Four Divisions.
NAMES AND ContFNTs of DIVISIONS.
No. 1.- THE BASSETLAW DIVISION.
The Sessional Divisions of L
Retford and Worksop,
the Municipal Borough of East Retford,
the Parishes in the Sessional Division of Mansfield of—Clipstone, Sook-
holme, and Warsop,
and in the Sessional Division of Southwell of Bilsthorpe and
Eakring. -
No. 2–THE NEWARK DIVISION.
The Sessional Divisions of L
Bingham Southwell (except so much as is comprised in
Newark, and Division No. 1 as herein described),
the Municipal Borough of Newark,
and the Parishes in the Sessional Division of Nottingham of-Bulcote,
Calverton, Caythorpe, Epperstone, Gonalstone, Gunthorpe,
Lowdham, and Oxton.
No. 3.--THE RUSHCLIFFE DIVISION.
The Sessional Division of Nottingham (except so much as is comprised
in Divisions No. 2 and No. 4 as herein described).
Y
322
PART III.-ELECTORAL AREAS.
48 & 49 Wict.
c. 23.
Schedule 7.
Divisions of
Counties.
No. 4.—THE MANSIFIELD DIVISION.
The Sessional Division of Mansfield (except so much as is comprised
in Division No. 1 as herein described),
and the Parishes in the Sessional 1)ivision of Nottingham of—Annesley,
Eastwood, Felley, and Greasley.
COUNTY OF OXFORD.
Three Members.--Three Divisions.
NAMES AND CoNTENTS OF DIVISIONS.
No. 1,–THE NORTHERN OR BANIBUTRY DIVISION.
The Sessional Divisions of
Banbury and Bloxham, Chadlington, and Wootton North,
and the Municipal Borough of Bambury. }
No. 2.--THE MID OR WOODSTOCK DIVISION.
The Sessional Divisions of
Bampton Tºast, Ploughley, and
Bampton West, Wootton South,
so much of the Municipal Borough of Oxford as is included in the county
of Oxford,
and the Parishes in the Sessional Division of Bullingdom of—Beckley,
Cutslow, Ilsfield, Foresthill, with Shotover and Shotover Hill
Place, Hampton Gay, Hampton Poyle, Horton cum Studley,
Noke, Stanton St. John, Stowood, Studley, and Woodeaton,
and so much of the Parishes of Headington, Marston, St. Clements,
St. Giles, and Woolvercott as is not included in the Municipal
Borough of Oxford,
and so much of the Parishes of Cowley and Iffley as is included in
the Parliamentary Borough of Oxford and not in the Municipal
I}orough.
No. 3.- THE SOUTHERN OR IIIENLEY DIVISION.
The Sessional Divisions oſ-
Henley, Dullingdon (except so much as is
Watington, and comprised in Division No. 2 as
herein described),
the Municipal Borough of Henley-on-Thames,
and so much of the Municipal Borough of Abingdon as is included in the
County of Oxford. -
COUNTY OF RUTLAND.
One Member.
REDISTRIBUTION OF SEAT'S ACT, 1885.
323
COUNTY OF SALOP.
Four Members.-Four Divisions.
NAMES AND CONTENTS OF DIVISIONS.
No. 1.- THE WESTERN OR OSWESTRY DIVISION.
The Sessional Divisions of
Chirbury, Oswestry, and
Condover, I’imhill (except so much as is comprised in
Ford, Division No. 2 as herein described),
the Municipal Borough of Oswestry,
and (in the Sessional Division of Albrighton) the Parish of Fitz.
No. 2.—THE NORTHERN OR NIEWPORT DIVISION.
The Sessional Divisions of
Albrighton (except so much as is Bradford Newport (except so
comprised in Division No. 1 as much as is comprised in
horein described), Division No. 3 as herein
Bradford Drayton, described),
Bradford Wem,
Bradford Whitchurch, and
Brinstree Shiffmall,
the Municipal Borough of Shrewsbury,
the Parish, in the Sessional Division of Pimhill of Middle,
and the Parishes in the Sessional Division of Bradford Wellington of
Atcham, Ercall Magna, Longdom-upon-Tern, Rodington, Upton
Magna, Waters Upton, and Withington.
No. 8–THE MID OR WELLINGTON DIVISION.
The Sessional Division of Bradford Wellington (except so much as is
comprised in Division No. 2 as herein described),
the Parishes in the Sessional Division of Bradford Newport of Lilleshall,
and Preston-on-the-Weald Moors,
and the Parishes in the Municipal Borough of Wenlock of—Benthall,
Broseley, Little Wenlock, and Madeley.
No. 4.—THE SOUTHERN OR LUDLOW DIVISION.
The Sessional Divisions of
Bishop's Castle, Clun and Purslow, Munslow, Upper,
Brinstree, South, and || Munslow, Lower, and and
Stottesden Chel- part of Overs and | Stottesden Cleo-
marsh, Stottesden, bury,
Burford,
and the Municipal Boroughs of Bridgnorth, Ludlow, and Wenlock, except
so much as is comprised in Division No. 3 as herein described).
48 & 49 Vict.
c. 23.
Schedule 7.
J)ivisions of
Counties.
Y
2
324 PART III.-ELECTORAL AREAS.
48 & 49 Wict.
c. 23.
COUNTY OF SOMERSET.
Schedule 7.
JDivisions of Seven Members.-Seven Divisions.
Counties.
NAMES AND ContrºNTS OF DIVISIONS.
No. 1.—THE NOIRTHERN DIVISION.
The Sessional Divisions of
Keynsham, Long Ashton, and Temple Cloud,
and the Parish, in the Sessional Division of Wells, of Binegar,
and in the Sessional Division of Kilmersdon of Chilcompton
and MidSomer-Norton.
No. 2.--THE WELLS DIVISION.
The Sessional Divisions of -
Axbridge and Wells (except so much as is comprised in
Divisions No. 1 and No. 4 as herein
described),
and the Municipal Borough of Wells.
No. 3.--THE FROME DIVISION.
The Sessional Divisions of
Frome, Kilmersdon (except so much as is
comprised in l)ivision No. 1 as
herein described), and
the Municipal Borough of Bath,
and the l’arishes, in the Sessional Division of Shepton Mallet of Ashwick,
Batcombe, Downhead, East Cranmore, Stoke Lane, Upton Noble,
and West Cranmore. º
Weston,
No. 4.—THE EASTERN DIVISION.
The Sessional Divisions of
Shepton Mallet (except so much as is
- Somerton, and
comprised in Division No. 3 as
Wincanton,
herein described),
and the Parishes, in the Sessional Division of Wells, oſ-Glastonbury,
North Woottom, and West Pennard.
No. 5.--THE SOUTHERN DIVISION.
The Sessional Divisions of
Crewkerne, Ilminster (except so
much as is comprised
in Division No. 6 as
herein described), and
the Municipal Borough of Yeovil.
Yeovil,
REDISTRIBUTION OF SEATS ACT, 1885. 325
48 & 49 Wict.
No. 6.—THE BRIDGWATER DIVISION. c. 23.
The Sessional Divisions of Schedule 7.
Bridgwater, and Taunton (except so much as is comprised in JDivisi
Division No. 7 as herein described), §. of
and the Municipal Borough of Bridgwater,
and the Parishes, in the Sessional Division of Ilminster, of
Ashill, Beer Crocombe, Broadway, Buckland St. Mary, Combe St.
Nicholas, Currey-Mallet, Donyatt, Fivehead, Hatch-Beau-
champ, Ilminster, Ilton, Isle Abbots, Isle Brewers, South
Bradon, and Whitestaunton.
No. 7.—THE WESTERN OR WELLINGTON DIVISION.
The Sessional Divisions of
Bishop's Lydeard, Dunster, Williton, and
Dulverton, - Wellington, Wiveliscomb,
and the Parishes, in the Sessional Division of Taunton, of Angersleigh,
Bishop's Hull, Kingston (near Taunton), Norton-Fitzwarren,
Oake, Otterford, Pitminster, Staplegrove, Taunton St. James,
Taunton St. Mary, Trull, and Wilton.
COUNTY OF STAFFORD.
Seven Members.-Seven Divisions.
NAMES AND CONTENTS OF DIVISIONs.
No. 1.- THE LEER DIVISION.
The Sessional Divisions of
Cheadle, and Leek,
and the Parishes, in the Sessional Division of Uttoxeter, of Calwich,
Croxden, Ellastone, Mayfield, Okeover, Prestwood, Ramshorn,
Rocester, Stanton, and Wootton.
No. 2.--THE BURTON DIVISION.
The Sessional Divisions of
Burton-upon-Trent, and Uttoxeter (except so much as is
comprised in Division No. 1 as
herein described).
No. 3.- THE WESTERN DIVISION.
The Sessional Divisions of
Penkridge (except so much as Stafford, including the whole of
is comprised in Division the Parish of Gnosall, and
No. 5 as herein described), Stone,
and the Municipal Borough of Stafford.
326 PART III.-ELECTORAL AREAS.
48 & 49 Wict.
c. 23. No. 4.—THE NORTH-WESTERN DIVISION.
Schedule 7. The Sessional Divisions of
Dºwns of T Eccleshall (except any part Pirehill North,
%. of of the Parish of Gnosall)
ounties. and
and the Municipal Boroughs of Hanley, Longton, and Newcastle-under-
Lyme.
No. 5,--THE LICHFIELD DIVISION.
The Sessional Divisions of
Elford, Rugeley, and Shenstone,
the Municipal Borough of Lichfield, and so much of the Municipal Borough
of Tamworth as is included in the County of Stafford,
and the Parishes, in the Sessional Division of Penkridge, of Great Wyrley,
and Norton Canes.
No. 6.—THE KINGSWINFORD DIVISION.
The Sessional Divisions of
Bilston, Rowley Regis, Willenhall, and
Kingswinford and Wordsley, Sedgley, Wolverhampton,
and the Municipal Borough of Wolverhampton.
No. 7.--THE HANDSWORTH DIVISION.
The Sessional Divisions of
Rushall, Wednesbury, and
Tipton, West Bromwich,
and the Municipal Borough of Walsall.
COUNTY OF SUFFOLIK.
Five Members.-Five Divisions.
NAMES AND CONTENTS OF DIVISIONs.
No. 1,–THE NORTHERN OR LOWESTOFT DIVISION.
The Sessional Divisions of
Beccles, Bungay, and Mutford and Lothingland,
so much of the Municipal Borough of Great Yarmouth as is included in
the County of Suffolk,
the Municipal Borough of Southwold,
and the Parishes, in the Sessional Division of Blything, of_Benacre, Bly-
ford, Brampton, Chediston, Covehithe, Easton Bavents, Frostenden,
Halesworth, Henham, Henstead, Holton, Reydon, Rumburgh,
Sotherton, South Cove, Spexhall, Stoven, Uggeshall, Wangford,
Westhall, Wissett, and Wrentham.
REDISTRIBUTION OF SEATS ACT, 1885. 327
48 & 49 Wict.
No. 2.—THE NORTH-EASTERN OR EYE DIVISION. º 23. 1C
The Sessional Divisions of Schedule 7.
Blything (except so much as Framlingham, & e º
is comprised in Division Hartismere, and Divisions of
No. 1 as herein described), Hoxne, Counties.
and the Municipal Borough of Eye. - ~~~s
No. 3.—THE NORTH-WESTERN OR STOWMARKET DIVISION.
The Sessional Divisions of
Blackbourn, Stowmarket, and
Lackſord, Thingoe and Thedwestry (except so
Newmarket (except so much much as is comprised in Division
as is comprised in Division No. 4 as herein described),
No. 4 as herein described),
and the Municipal Borough of Bury St. Edmunds, and so much of the
Municipal Borough of Thetford as is included in the County of
Suffolk.
No. 4.—THE SOUTH OR SUDBURY DIVISION.
The Sessional Divisions of *
Boxford Melford, and
Hadleigh or Cosford, Risbridge,
so much of the Municipal Borough of Sudbury as is included in the County
of Suffolk,
the Parishes in the Sessional Division of Newmarket of Cowlinge, Lidgate,
and Ousden.
and, in the Sessional Division of Thingoe and Thedwestry, of
Brockley, Chedburgh, Chevington, Depden, Hargrave, Rede,
Whepstead, and Wickhambrook.
No. 5–THE SOUTH-EASTERN OR WOODBRIDGE DIVISION.
The Sessional Divisions of
Bosmere and Claydon, Samford, and Woodbridge,
the Municipal Borough of Ipswich, .
and the corporate town of Aldeburgh.
COUNTY OF SURREY.
Six Members.-Six Divisions.”
NAMES AND CONTENTs of DIVISIONs.
No. 1.--THE NORTH-WESTERN OR CHERTSEY DIVISION.
The Sessional Division of Chertsey,
So much of the Sessional Division of Guildford as is included in the
Hundred of Woking but is not included in the Parish of Stoke-
next-Guildford,
and (in the Sessional Division of Farnham) the Parish of Frimley.
328
PART III.-ELECTORAL AREAS.
48 & 49 Vict.
c. 23.
Schedule 7.
JDivisions of
Counties.
No. 2.--THE SOUTH-WESTERN OR GUILDFORD IDIVISION.
The Sessional Divisions of -
Farnham (except so much as is comprised in Division No. 1 as
herein described), and
Guildford (except so much as is comprised in Division No. 1 as
herein described),
and the Municipal Boroughs of Godalming and Guildford.
No. 3.--THE SOUTH-EASTERN OR REIGATE DIVISION.
The Sessional Divisions of
Dorking (except so much as is comprised in Division No. 4 as
herein described),
Godstone (except so much as is comprised in Division No. 6 as
herein described), and
Reigate, -
and the Municipal Borough of Reigate.
No. 4.—THE MID OR EPSOM IDIVISION.
The Sessional Divisions of
Epsom, and Kingston (except so much as is comprised in
Division No. 5 as herein described),
and the Parishes, in the Sessional Division of Dorking, of Effingham and
Mickleham.
No. 5.--THE KINGSTON DIVISION.
The Sessional Division of Richmond,
the Municipal Borough of Kingston-upon-Thames,
and the Parish of Ham and Hatch; and so much of the Parish of Kingston
º, is not included in the Municipal Borough of Kingston-upon-
Thames.
}
No. 6.--THE NORTH-EASTERN OR WIMBLEDON DIVISION.
The Sessional Division of Croydon (except so much as is within a
District of the Metropolis),
the Parishes in the Sessional Division of Godstone of Caterham, Chelsham,
Farley, and Warlingham,
the Parishes in the Sessional Division of Wandsworth of Merton and
Wimbledon,
and so much as is included in the County of Surrey of the area of the
Parliamentary Borough of Deptford,
and the area of the Parliamentary Boroughs of Battersea and
Qlapham, Camberwell, Lambeth, Newington, Southwark, and
Wandsworth.
REDISTRIBUTION OF SEATS ACT, 1885.
329
COUNTY OF SUSSEX.
Six Members.-Six Divisions.
NAMES AND ContLNTS OF DIVISIONs.
No. 1.--THE NORTH-WESTERN OR HORSHAM DIVISION.
The Sessional Divisions of
Horsham, Midhurst, and Petworth,
and (in the Sessional Division of Cuckfield) the Parish of Crawley.
No. 2.—THE SOUTH-WESTERN OR CHICHESTER DIVISION.
The Sessional Divisions of
Arundel, and Chichester,
the Parishes in the Sessional Division of Steyning of-Ashington, Findon,
Storrington, Sullington, Thakenham, Warminghurst, Washing-
ton, and Wiston,
and the Municipal Borough of Chichester.
No. 3.--THE NORTHERN OR EAST GRINSTEAD IDIVISION.
The Sessional Divisions of
Cuckfield (except so much as is comprised in Division No. 1 as
herein described),
East Grinstead, and
Uckfield (except so much as is comprised in Division No. 5 as
herein described).
No. 4.—THE MID OR LEWES DIVISION.
The Sessional Divisions of
Hove,
Lewes (except so much as is comprised in Division No. 5 as
herein described)
Steyning (except so much as is comprised in Division No. 2 as
herein described), and
Worthing.
and the Municipal Borough of Brighton.
No. 5.--THE SOUTHERN OR EASTBOURNE DIVISION.
The Sessional Division of Hailsham.
The Corporate Towns of Pevensey and Seaford,
the Parishes in the Sessional Division of Lewes of Alciston, Beddingham,
Berwick, Bishopstone, Chalvington, Denton, East Blatchington,
Glynde, Newhaven, Ringmer, Ripe, Selmeston, South Heighton,
Tarring Neville, and West Firle,
and in the Sessional Division of Uckfield of—East Hoathley, and
Waldron,
48 & 49 Vict.
c. 23.
Schedule 7.
Divisions of
Counties.
330
PART III.-ELECTORAL AREAS.
48 & 49 Vict.
c. 23.
Schedule 7,
J)ivisions of
Cownties.
No. 6,--THE EASTERN OR RYE DIVISION.
The Sessional Divisions of
Battle, Frant, Tºye,
Burwash, Hastings, and
the Municipal Boroughs of IIastings and Rye,
the Ancient Town of Winchelsea,
and the Liberty of the Sluice and Petit Iham (non-corporate members of
IIastings).
COUNTY OF WAR WICK.
Four Members.—Four Divisions.
NAMES AND CONTENTS OF DIVISIONS.
No. 1.--THE NORTHERN OR TAMWORTH DIVISION.
The Scssional Divisions of
Atherstone (except so much as is comprised in Division No. 2 as
herein described),
Birmingham,
Coleshill (except so much as is comprised in Division No. 2 as
herein described), and
Solihull,
the Municipal Borough of Birmingham, and so much of the Municipal
Borough of Tamworth as is included in the County of Warwick.
No. 2.—THE NORTH-EASTERN OR NUNEATON DIVISION.
The Sessional Division of Coventry,
the Municipal Borough of Coventry,
the Parishes in the Sessional Division of Atherstone of Ansley, Ather-
stone, Baddesley Ensor, Baxterley, Bentley, Coldecote, Chilvers-
Coton, Hartshill, Mancetter, Nuneaton, Oldbury, Weddington,
and so much of the l’arish of Merovale as is included in the County
of Warwick,
and in the Sessional Division of Coleshill of Arley, Fillongley,
Groat Packington, Kinwalsey, Little Packington, and Meriden.
No. 3.—TIII SOUTH-WESTERN OR STRATFORD-ON-AWON
DIVISION.
The Sessional Divisions of
Alcester, Henley, Warwick (including the
I}railes, Stratford and whole of Bishops-Tach-
Smitterfield and | brook parish), and
so much of the Sessional Division of Kenilworth as is included in the Par-
liamentary Borough of Warwick and Leamington,
and the Municipal Boroughs of Leamington, Stratford-on-Avon, and
Warwick.
TEDISTRIBUTION OF SEATS ACT, 1885. 331
48 & 49 Wict.
No. 4.—THE SOUTH-EASTERN OR TRUGBY DIVISION. c. 23.
The Sessional Divisions oſ- - Schedule 7.
Burton Dassett and Kington, Rugby, and −
Kenilworth (except so much as is com- Southam. ſº of
prised in Division No. 3 as herein Oll??!?0S.
described),
COUNTY OF WIESTMORELAND.
Two Members.-Two Divisions.
NAMES AND ContLNTS OF DIVISIONS.
No. 1.- THE NORTHERN OR APPLEBY DIVISION.
The Sessional Divisions of
Ambleside, East Ward, and
West Ward.
No. 2.—THE SOUTHERN OR KENDAL DIVISION.
The Sessional Divisions of
Kendal, and Lonsdale,
and the Municipal Borough of Kendal.
COUNTY OF WILTS,
Five Members.-Five Divisions.
NAMES AND CoNTENTS OF DIVISIONs.
No. 1,–THE NORTHERN OR CRICKLADE DIVISION.
The Sessional Divisions of
Cricklade, and Swindon.
No. 2.—THE NORTH-WESTERN OR CHIPPENHAM DIVISION.
The Sessional Divisions of
Calne, | Chippenham, and Malmesbury.
No. 3.−THE WESTERN OR WIESTBURY DIVISION.
The Sessional Divisions of
Bradford, Warminster (except so much as is comprised
Melksham, in Division No. 5 as herein described), and
Trowbridge and Whorwolsdown.
Westbury, t
332
PART III.—ELECTORAL AREAS.
48 & 49 Wict.
... c. 23.
Schedule 7.
Divisions of
Counties.
No. 4.—THE EASTERN OR, DEWIZES DIVISION.
The Sessional Divisions of .
Devizes, Marlborough and Ramsbury,
Everley and Pewsey (except so
much as is comprised in Divi-
sion No. 5 as herein described),
and the Municipal boroughs of Devizes and Marlborough.
No. 5. THE SOUTHERN OR WILTON DIVISION.
The Sessional Divisions of
Hindon, and Salisbury and Amesbury,
the Municipal Borough of Salisbury,
and the Parishes in the Sessional Division of Everley and Pewsey of—
Figheldean and Milston,
and in the Sessional Division of Warminster of Fisherton-de-la-
Mere, and Wily.
COUNTY OF WORCESTER.
Five Members.-Five Divisions.
*
NAMES AND ContLNTS OF DIVISIONs.
No. 1.- THE WESTERN OR BEWDLEY DIVISION.
The Sessional Divisions of
Hundred House, Stourport (except so much Worcester,
Malvern (except so as is comprised in Divi-
much as is comprised sion No. 3 as herein
in Division No. 2 as described),
herein described), Tenbury, and
and the Municipal Boroughs of Bewdley and Worcester.
No. 2.- THE SOUTHERN OR EWESHAM DIVISION.
The Sessional Divisions of
Blockley, Pershore, and
Evesham, Upton-on-Severn,
the Municipal Borough of Evesham,
the Parishes in the Sessional Division of Redditch of Feckenham and
Inkberrow, .
and the Parish in the Sessional Division of Malverm of—Little Malverm.
No. 3.—THE MID OR DROITWICH DIVISION.
The Sessional Divisions oſ-
l)roitwich, Stourbridge (except so much as is com-
Kidderminster, and prised in Division No 4 as herein
described),
the Municipal Boroughs of Droitwich and l&idderminster,
REDISTRIBUTION OF SEATS ACT, 1885. 333
the Parishes in the Sessional Division of Stourport of Lower Milton with 48 & 49 Vict.
Stourport, and Upper Mitton, c. 23.
and in the Sessional Division of Redditch of Bentley Pauncefoot, Schedule 7.
and Webheath, *-*-
and in the Sessional Division of Bromsgrove of Grafton Manor, Divisions of
Stoke Prior, and Upton Warren. Counties.
No. 4.—THE NORTHERN DIVISION.
The Sessional Divisions of
Halesowen, and Oldbury,
the Municipal Borough of Dudley,
the Parishes in the Sessional Division of Stourbridge of Cradley, Lutley,
and Lye,
and the Parish in the Sessional Division of Northfield of Northfield.
No. 5.—THE EASTERN DIVISION.
The Sessional Divisions of
Bromsgrove (except so much | Redditch (except so mueh as is
as is comprised in Division comprised in Divisions No. 2
No. 3 as herein described), and No. 3 as herein described).
Northfield (except so much as
is comprised in Division
No. 4 as herein described),
and
COUNTY OF YORK.
Twenty-six Members.-Twenty-six Divisions.
NORTH RIDING,
Four Members.-Four Divisions.
NAMES AND CONTENTS OF DIVISIONS.
No. 1.--THE THIRSK AND MALTON DIVISION.
The Sessional Divisions of
Bidforth,
East Bulmer (except so much as is added to the Municipal
Borough of York by the York Extension and Improvement
Act, 1884),
Hallikeld, Malton, and West Bulmer
the Wapentake of the Ainsty of York (except so much as is included
in the Municipal Borough of York as extended by the York
Extension and Improvement Act, 1884),
and the Municipal Borough of York, inclusive of the places added to that
Borough by the York Extension and Improvement Act, 1884
(47 & 48 Vict, c. ccxxxii.).
334 PAIRT III.--T.L.E('I'()IRAT, ARFAS.
48 & 49 Wict.
c. 23. No. 2.--THE IRICHMOND DIVISION.
Schedule 7. The SoHsional Divisions of
— Allertonshire, Iºast Iſang, West Gilling, and
ſº of Iºast Gilling, Greta Bridge, West Hang,
Ot!)!\!(3S,
and the Municipal Dorough of Richmond.
No. 3.- TIII) CLEVELANT) IDIVISION.
The Sessional l)ivisions of
Iºast Langbaurgh (oxcept so much as North Langbaurgh,
is comprised in 1)ivision No. 4 West Langbaurgh, and
as herein described, Yarm,
and the Municipal Borough of Middlesborough.
No. 4.—THE WHITIBY I)IVISION.
The Sessional Divisions of
East Pickering Lythe, West Pickering Lythe, and
Ryedale, Whitby Strand,
the Municipal Borough of Scarborough,
and the Parishes of Danby and Easington.
EAST RIDING.
Three Members.--Three Divisions.
NAMES AND Conºr RNTS OF T)IVISIONs.
No. 5.—THE HOLDIERNESS DIVISION.
The Sessional IDivisions of
Middle Holderness, North Hunsley Beacon, and
North Holderness, South Holderness,
and the Mumicipal Doroughs of Beverley and Kingston-upon-Hull.
No. 6. TIIE IBUCKIROSIE DIVISION.
The Sessional l)ivisions of
13ainton Beacon. Iłuckroše, and Dickering.
No. 7.-TIII, IIOWIDENSIIII?E DIVISION.
The Sessional Divisions of L
Holme Beacon, South Hunsley Beacon, and
IIowdenshire, Wilton Beacon.
()use and Derwent (except so much as is included in the Muni-
cipal Borough of York by virtue of the York Extension and
Improvement Act, 1884).
REDISTRIBUTION OF SEATS ACT, 1885. 335
48 & 49 Vict.
WEST RIDING. :*
Schedule 7.
Nineteen Members.-Nineteen Divisions.
* D A rer Divisions of
NORTIII.R.N PART. Counties.
Iſive Members.--I'ive Divisions.
NAMES AND CoNTENTS OF DIVISION8.
No. 8.--THE SKIPTON DIVISION.
The Wapontake of Staincliffe and Ewecross (except so much as is com-
prised in Division No. 9 as herein described).
No. 9. THE KEIGHILEY DIVISION.
The Parishes in the Wapentake of Staincliffe and Ewecross of Cowling,
Glusburn, Keighley, Steeton with Eastburne, and Sutton,
and the Parishes of Haworth, Thornton, and Wilsden.
No. 10,--THE SHIPLEY DIVISION.
The Municipal Borough of Bradford,
and the Parishes of Clayton, Eccleshill, Idle, North Bierley, and Shipley.
No. 11,–THE SOWERBY DIVISION.
The Parishes of Barkisland, Erringden, Heptonstall, Langfield, Midgley,
Norland, Rishworth, Sowerby, Soyland, Stansfield, Wadsworth,
and Warley,
and so much of the Parish of Skircoat as is not included in the Municipal
Dorough of Halifax.
No. 12.--THE ELLAND DIVISION.
The Municipal Borough of Halifax,
the Parishes of Elland and Greetland, Fixby, Hipperholme with Brig-
house, Rastrick, Shelf, and Stainland with Old Lindley,
and so much of the Parishes of Northowram, Ovenden, and Southowram,
as is not included in the the Municipal Borough of Halifax.
SouTHERN PART.
Eight Members.-Eight Divisions.
NAMES AND CONTENTS OF DIVISIONS.
No. 13.--THE MORLEY DIVISION.
The Sessional Division of Dewsbury (except so much as is eomprised in
Division No. 26 as herein described),
the Municipal Boroughs of Batley and Dewsbury,
and the Parishes in the Sessional Division of Lower Agbrigg oſ-East
Ardsley, Lofthouse with Carlton, Middleton, Thorpe, and West
Ardsley.
336 PART III.-ELECTORAL AREAS.
48 & 49 Wict. No. 14.—THE NORMANTON DIVISION.
c. 23. The Sessional Division of Lower Agbrigg (except so much as is com-
Schedule 7. prised in Division No. 13 as herein described),
• * * T and the Municipal Borough of Wakefield.
JDivisions of
Counties. No. 15.—THE COLNE WALLEY DIVISION.
The Sessional Divisions of
Saddleworth, and Upper Agbrigg (except so much as is com-
prised in Division No. 16 as herein described),
and the Municipal Borough of Huddersfield.
No. 16.--THE HOLMFIRTH. DIVISION.
The Parishes in the Sessional Division of Upper Agbrigg of-Austonley,
Cartworth, Farnley Tyas, Fulstone, Hepworth, Holme, Kirk-
burton, Kirkheaton, Lepton, Nether Thong, Shelley, Shepley,
Skelmanthorpe, Thurstonland, Upper Thong, Upper Whitley,
Wooldale,
and the Parishes in the Sessional Division of Staincross of Cawthorne,
Cumberworth, Denby, Dodworth, Gunthwaite, High Hoyland,
Hoyland Swaine, Hunshelf, Ingberchworth, Langsett, Oxspring,
Peniston, Silkstone, Stainborough, Thurgoland, Thurlstone, West
Clayton, and Worsborough.
No. 17.—THE BARNSLEY DIVISION.
The Sessional Division of Staincross (except so much as is comprised in
Divisions No. 16 and No. 18 as herein described),
and the Parish of Hemsworth.
No. 18.--THE HALLAMSHIRE DIVISION.
The Municipal Borough of Sheffield,
the Parishes in the Sessional Division of Upper Strafforth and Tickhill of
Bradfield, Brampton Bierlow, Ecclesfield, Handsworth, Wath-
upon Dearne, and Wentworth,
and the Parishes in the Sessional Division of Staincross of Nether Hoy-
land, Tankersley, and Wortley.
No. 19.--THE ROTHERHAM DIVISION.
The Sessional Division of Upper Strafforth and Tickhill (except so
much as is comprised in Divisions No. 18 and No. 20 as herein
described),
and the Municipal Borough of Rotherham.
No. 20–THE DONCASTER DIVISION.
The Sessional Division of Lower Strafforth and Tickhill (except the
Parishes (being in the Wapentake of Osgoldcross) of Askern,
Burgh Wallis, Campsall, Fenwick, Kirk Bramwith, Moss, Norton,
Owston, Skellow, and Sutton),
the Municipal Borough of Doncaster,
and the Parishes in the Sessional Division of Upper Strafforth and Tickhill
of—Anston-cum-Membris, Dinnington, Firbeck, Gildingwells,
Harthill with Woodhall, Hooton Levitt, Laughton-en-le-
Morthern, Letwell, Maltby, Thorpe Salvin, Throapham St. John,
Todwick, Wales, and Woodsetts.
REDISTRIBUTION OF SEATS ACT, 1885. 337
48 & 49 Wict.
c. 23.
Schedule 7.
EASTERN PART.
Pivisions of
Six Members.-Six Divisions. &
Counties.
NAMES AND CoNTENTs of DIVISIONS.
No. 21.--THE RIPON DIVISION.
The Sessional Divisions of
Claro, and Kirkby Malzeard,
the Liberty of Ripon, and the Municipal Borough of Ripon.
No. 22.--THE OTLEY DIVISION.
The Sessional Division of Otley,
and the Parishes of Beamsley in Addingham, Beamsley in Skipton,
Bingley and Micklethwaite, Hazlewood with Storris, Moreton, and
Nesfield with Langbar.
No. 28–THE BARKSTON ASH DIVISION.
The Sessional Divisions of
Lower Barkston Ash,
Skyrack (except so much as is comprised in Divisions No. 24
and No. 25 as herein described),
Upper Barkston Ash (except so much as is comprised in Division
No. 24 as herein described), and
Wetherby (except the Parishes (which are in the Wapentake of
the Ainsty of York) of Tockwith, Bickerton, Thorpe Arch,
Bilton, and Walton),
and the Parishes of Grimston, Kirkby Wharf with North Milford,
Newton Kyme with Toulston, Stutton with Hazlewood, Tad-
caster West, Towton, and Ulleshelf.
No. 24.—THE OSGOLDCROSS DIVISION.
The Municipal Borough of Pontefract,
the Wapentake of Osgoldcross,
the Parishes in the Sessional Division of Upper Barkston Ash of
Brotherton, Fairburn, Ledsham, and Ledstone,
and the Parishes in the Sessional Division of Skyrack of—Allerton Bywater,
and Kippax.
No. 25.--THE PUDSEY DIVISION.
The Municipal Borough of Leeds,
the Parishes of Drighlington, Hunsworth, and Tong,
so much of the Parishes of Calverley with Farsley and Pudsey, as is not
included in the Municipal Borough of Bradford,
and the Parishes in the Sessional Division of Skyrack of—Churwell, Gil-
dersome, Horsforth, and Rawden.
Z.
338 PART III,-ELECTORAL AREAS.
**** No. 26.- THE SPEN WALLEY DIVISION.
Schedule 7. The Parishcs in the Sessional Division of Dewsbury of—Gomersal,
Heckmondwike, and Liversedge,
%. of and the Parishes of Cleckheaton, Clifton, Hartshead, and Wike.
O747???0S.
º 27, EIGHTH SCHEDULE.
p. ( 2.
FIRST PART.

3. Title. Extent of Repeal.
30 & 31 Vict. The Representation of the People Act, Sections thirteen,
c. 102. . 1867. fourteen, fifteen,
and sixteen.
33 & 34 Vict. An Act to disfranchise the boroughs of Sections two,three,
BOROUGHS REPORTED on BY ELECTION CoMMISSIONERs of 1880.
c. 21. Bridgwater and Beverley. four, and five.
33 & 34 Vict. An Act to disfranchise certain voters | The whole Act.
c. 25. of the city of Norwich. -
33 & 34 Vict. An Act to disfranchise the boroughs . Sections two,three,
c. 38. of Sligo and Cashel. and four.
33 & 34 Vict. An Act to disfranchise certain voters | The whole Act.
c. 54. of the city of Dublin.
34 & 35 Wict. An Act to disfranchise certain voters | The whole Act.
c. 77. for the city of Norwich.
[See s. 28, SECOND PART.
p. 72
Doston.
Canterbury.
Chester.
Gloucester.
Knaresborough.
Macclesfield.
Oxford.
Sandwich.
TABLE OF PARLIAMENTARY BOROUGIIS AND COUNTIES.
'839
CoMPLETE TABLE OF PARLIAMENTARY BOROUGHS AND COUNTIES IN Table.
ENGLAND AND WALES. -
[In this table, those Boroughs and Counties which return one Member only
have no figure following them.
Those Boroughs and Counties which are divided return one Member for
each division.
Those Boroughs and Counties which are not divided, and which return
two Members, have the figure (2) following them.
No undivided Borough or County returns more than two Members.
Those Boroughs which are Municipal have the letter (m.) following them.]
Anglesea
Ashton-under-Lync, m.
Aston Manor
Barrow-in-Furness, m.
Bath, m. (2)
Battersea and Clapham (2 divi-
sions):—
Battersea
Clapham
Bedford, m.
Bedford, County (2 divisions):—
Northern or Biggleswade
Southern or Luton
Berks, County (3 divisions):—
Northern or Abingdon
Southern or Newbury
Eastern or Wokingham
Bethnal-green (2 divisions):—
North-East
South-West
Birkenhead, m.
Birmingham, m. (7 divisions):—
Edgbaston
West
Central
North
East
Iłordesley
South
Blackburn, m. (2)
Bolton, m. (2)
Boston, m.
Bradford, m. (3 divisions):—
West,
Central
East
Brecknock, County
Brighton, m. (2)
Bristol, m. (4 divisions):—
West (including Clifton)
North
|East
South
Buckingham, County (3 divisions):—
Northern or Buckingham
Mid or Aylesbury
Southern or Wycombe
Burnley, m. *
Bury, m.
Bury St. Edmunds, m.
Camberwell (3 divisions):—
North
Peckham
Dulwich
Cambridge
Cambridge, County (3 divisions):—
Northern or Wisbech
Western or Chesterton
Eastern or Newmarket
Cambridge University (2)
Canterbury, m.
Cardiff, m.
Cardigan, County
Carlisle, m.
Carmarthen, m.
Carmarthen,County (2 divisions):—
Eastern
Western
Carnarvon, m.
Carnarvon, County (2 divisions):—
Southern or Eivion
Northern or Arvon
Chatham
Chelsea
Cheltenham, m.
Chester, m.
Chester, County (8 divisions):-
Wirral
Eddisbury
Macclesfield
Crewe
Northwich
Altrincham
Hyde
Knutsford
Christchurch
Z
2
340
PART III.-ELIECTORAL AREAS.
Table of
Colchester, m.
Parliamentary Cornwall, m. (6 divisions):—
Boroughs and
Counties.
Western or St. Ives
North-Western or Camborne
Truro
Mid or St. Austell
South-Eastern or Bodmin
North-Eastern or Launceston
Coventry, m.
Croydon, m.
Cumberland (4 divisions):—
Northern or Eskdale
Mid or Ponrith
Cockermouth
Western or Egremont
Tarlington, m.
Denbigh, m.
Denbigh, County (2 divisions):—
Eastern
Western
Deptford
Derby, m. (2)
1)erby, County (7 divisions):—
High Peak
North-Tastern
Chesterſield
Western
Mid
Ilkeston
Southorn
Devonport, m. (2)
I)evon, County (8 divisions):—
Eastorm or Honiton
North-Eastern or Tiverton
Northorn or Crcditon
North-Western or 13arnstaple
Western or Tavistock
Southern or Totnes
Torquay -
Mid or Ashburton
Dewsbury, m.
Dorset, County (4 divisions):—
Northern
Eastern
Southern
Western
Dover, m.
I)udley, m.
I)urham, m.
Durham, County (8 divisions):—
Jarrow -
Houghton-le-Spring
Chester-le-Street
North-Western
Mid
South-Eastern
Bishop Auckland
Barnard Castle
IEssex º divisions):—
South-Western or Walthamstow
Southorn or Romford
Western or Epping
Northern or Saffrom Walden
North-Eastern or Harwich
Fastern or Maldon
Mid or Chelmsford
South-Eastern
Fxeter, m.
Finsbury (3 divisions):—
Holborn
Jentral
East
Flint, m.
Flint, County
Fulham
Gateshead, m. -
Glamorgan, County (5 divisions):—
Iſastern
Rhondda
Western or Gower
Mid
Southern
Gloucester, m.
Gloucester, County (5 divisions):—
Mid or Stroud
Northern or Tewkesbury
Tastern or Cirencester
Forest of IDean
Southern or Thornbury
Grantham, m.
Gravesend, m.
Greenwich
Grimsby, m.
Hackney (3 divisions):—
North
Central
South
Halifax, m. (2)
Hammersmith
Hampstead
Hanley, m. -
Hants, County (5 divisions):—
Northern or Basingstoke
Westerm or Andover
Eastern or Petersfield
Southern or Fareham
New Forest
IIartlepool, m.
TABLE or PARLIAMENTARY BOROUGHS AND CountſCŞ.
341.
Hastings, m.
IIereford, m.
Hereford, County (2 divisions)
Northern or Leominster
Southern or Ross
Hertford, County (4 divisions):—
Northern or Hitchin
Eastern or Hertford
Mid or St. Albans
Western or Watford
Huddersfield, m.
Hull (3 divisions):—
East
Central
West,
Huntingdon, County (2 divisions):—
Southern or Huntingdon
Northern or Ramsey
Hythe, m.
Ipswich (2)
Isle of Wight : See Wight, Isle of.
Islington (4 divisions):—
North
West,
East
South
Kensington (2 divisions) —
North
South
Kent (8 divisions):—
Wostern or Sevenoaks
North-Western or l)artford
South-Western or Tunbridge
Mid or Medway
North-Eastern or l'aversham
Southern or Ashford
Eastern or St. Augustine's
Isle of Thanet.
Kidderminster, m.
King's Lynn, m.
Lambeth (4 divisions):—
North
Kennington
Brixton
Norwood
Lancaster, County (23 divisions):—
Northern.
North Lonsdale
Lancaster
Blackpool
Chorley
North-Eastern.
Darwen
Clitheroe
Accrington
Rossendale
South-Eastern.
West Houghton
Heywood
Middleton
Radcliffe-cum-Farnworth
Eccles
Stretford
Gorton
Prestwich
South-Western.
Southport
Ormskirk
Bootle
Widnes
Newton
Ince
Leigh
Leeds, m. (5 divisions):—
North
Central
East
West,
South
Leicester, m. (2)
Leicester, County (4 divisions):—
Eastern or Melton
Mid or Loughborough
Western or Rosworth
Southern or Harborough
Lewisham
Lincoln, m.
Lincoln, County (7 divisions):—
West Lindsey or Gainsborough
North Lindsey or Brigg
East Lindsey or Louth
South Lindsey or Horncastle
North Kesteven or Sleaford
South Kesteven or Stamford
Holland or Spalding
Liverpool, m. (9 divisions):—
Kirkdale
Walton
Everton
West Derby
Scotland
Exchange
Abercrombie
East Toxteth
West Toxteth
342
PART III.-ELECTORAL AREAS.
Table of
Parliamentary
Boroughs and
Counties.
London (2)
London University
Maidstone, m.
Manchester, m. (6 divisions):-
Forth-West
North
North-East
East
South
South-West
Marylebone (2 divisions):—
East
West
Merioneth, County
Merthyr Tydvil (2)
Middlesbrough
Middlesex (7 divisions):—
Enfield
Tottenham
Hornsey
Harrow
Ealing
Drentford
Uxbridge
Monmouth, m.
Monmouth, County (3 divisions):
Northern
Western
Southern
Montgomery
Montgomeryshire, County
Morpeth
Newcastle-on-Tyne, m. (2)
Newcastle-under-Lyme, m.
Newington (2 divisions):—
West,
Walworth
Norfolk (6 divisions):—
North-Western
South-Western
Northern
Iºastern
Mid
Southern
Northampton, m. (2)
Northampton, County (4 divisions):
Northern
Iºastern
Mid
Southern
Northumberland (4 divisions):—
Wansbeck -
Tyneside
Hoxham
13crwick-upon-Tweed
Norwich, m. (2)
Nottingham, m. (3 divisions):—
West, -
East
South
Nottingham, County (4 divisions):—
Bassetlaw
Newark
Rushcliffe
Mansfield
Oldham, m. (2)
Oxford, m.
Oxford, County (3 divisions):—
Northern or Banbury
Mid or Woodstock
Southern or Henley
Oxford University (2)
Paddington (2 divisions):-
North
South *
Pembroke and Haverfordwest, m.m.
Pembroke, County ,
Penrhyn and Falmouth, m.m.
Peterborough, m.
Plymouth, m. (2)
Pontefract, m.
Portsmouth, m (2)
Preston, m. (2)
Tadnorshire, County
Reading, m.
Tochdale, m.
Tochester, m.
Rutland
St. George's, Hanover-Square
St. Helen’s, m.
St. Pancras (4 divisions):—
North
East
West
South
Salford, m. (3 divisions):—
North
West,
South
Salisbury, m.
Salop, County (4 divisions):—
Western or Oswestry
Northern or Newport
Mid or Wellington
Southern or Ludlow
Scarborough, m.
Sheffield, m. (5 divisions):--
Attercliffe
Brightside
TABLE OF PARLIAMENTARY BOROUGHS AND COUNTIES. 343
Central
Hallam
Ecclesall
Shoreditch (2 divisions):—
Hoxton
Haggerston
Shrewsbury, m.
Shropshire: See Salop.
Somerset, County (7 divisions):—
Northern
Wells
Frome
Eastern
Southern
Bridgwater
Western -
Southampton, m. (2)
South Shields, m.
Southwark (3 divisions):—
West
Rotherhithe
Bermondsey
Stafford, m.
Stafford, County (7 divisions):—
Leek
Burton
Western
North-Western
Lichfield
Kingswinford
Handsworth
Stalybridge, m.
Stockport, m. (2)
Stockton, m.
Stoke-upon-Trent, m.
Strand
Suffolk (5 divisions):—
Northern or Lowestoft
North-Eastern or Eye
North-Western or Stowmarket
South or Sudbury
South-Eastern or Woodbridge
Sunderland, m. (2)
Surrey (6 divisions):—
North-Western or Chertsey
South-Western or Guildford
South-Eastern or Reigate
Mid or Epsom
Ringston
North-Eastern or Wimbledon
Sussex (6 divisions):—
North-Western or Horsham
South-Western or Chichester
Northern or East Grinstead
Mid or Lowes
Southern or Eastbourne
Eastern or Rye
Swansea, m. (2 divisions):—
Swansea Town
Swansea District
Taunton, m.
Tower Hamlets (7 divisions):—
Whitechapel
St. George
Limehouse
Mile-end
Stepney
Bow and Bromley
Poplar
Tynemouth, m.
Wakefield, m.
Walsall, m.
Wandsworth
Warrington, m.
Warwick and Leamington, m.m. (2)
Warwick, County (4 divisions):—
Northern or Tamworth
North-Eastern or Nuneaton
South-Western or Stratford-on-
Avon
South-Eastern or Rugby
Wednesbury
West Bromwich
West Ham (2 divisions):—
North -
South
Westminster
Westmoreland (2 divisions):—
Northern or Appleby
Southern or Kendal
Whitehaven
Wigan, m.
Wight, Isle of
Wiltshire (5 divisions):—
Northern or Cricklade
North-Western or Chippenham
Western or Westbury
Eastern or Devizes
Southern or Wilton
Winchester, m.
Windsor, m.
Wolverhampton, m. (3 divisions):—
East
South
West
Woolwich
Worcester, m.
Worcester, County (5 divisions):—
Western or Bewdley
Southern or Evesham
Mid or Droitwich
Northern
Eastern
344
PART III.-ELECTORAL AREAS.
Table of
Yarmouth, m.
Parliamentary York, m. (2
Boroughs and
Counties,
York, County (26 divisions):—
North Riding.
Thirsk and Malton
Richmond
Cleveland
Whitby
East Riding.
Holderness
Buckrose
Rowdenshire
West Riding (N. part).
Skipton
Keighley
Shipley
Sowerby
Elland
West Riding (S. part).
Morley
Normanton
Colne Valley
Holmfirth
Barnsley
Hallamshire
Rotherham
Doncaster
West Riding (E. part).
Ripon
Otley
Barkston Ash
Osgoldcross
Pudsey
Spen Walley
P A R T IV.
DISQUALIFICATION OF CANDIDATES.
5 & 6 Will. & M. c. 7, s. 59 (Collectors of Taxos); 5 & 6 Will, & M.
. c. 20, s. 32 (Members of the Bank of England) . . . . . .
7 & 8 Will. 3, c. 25, s. 7 (Infants). . . . . . . . .
12 & 13 Will. 3, c. 2, s. 3 (Alien8) . . . . . . . . . . . .
12 & 13 Will. 3, c. 10, s. 88 (Custom House Officers); 6 Anne, c. 7
(c. 41, Rev. Stat.), ss, 24–29 (New offices under the Crown; Seat of
Acceptor of any office vacated; saving for Army and Navy; English
disqualifications to be British); 7 Anne, c. 20, s. 21 (Registrar of
Middlesex); 1 Geo. 1, c. 56 (Pensioners; penalty); 6 Geo. 1, c. 18,
S. 10 (Exchange and London Assurance); 7 Geo. 2, c. 16, S. 4 (Ses-
sion Judges); 15 Geo. 2, c. 13, S. 8 (Officers of Bank of England).
15 Geo. 2, c. 22, SS. 1–3 (Clerks in offices; returns void; Saving for
offices); 21 Geo. 2, c. 19, s. 11 (Scotch Sheriffs) . tº º tº
22 Goo. 3, c. 45 (Contractors for public service) . . . . . . .
22 Geo. 3, c. 82, ss. 1, 2, 30 (Certain offices; Dounties); 39 & 40
Geo. 3, c. 67, art. 4 (Irish Peers) . . . . . . . . . .
41 Goo. 3, c. 52 (British disqualifications; Irish disqualifications; Irish
Placemen disabled from united Parliament; New offices under Lord
Lieutenant) . . . . . . . . . . . . . . . .
41 Geo. 3, c. 63 (Priosts and Deacons of Church of England and
Ministers of Church of Scotland) . . . . . . . . . .
42 Geo. 3, c. 116, s. 185 (Land Tax Redemption Commissioner
qualified); 44 Geo. 3, c. 54, s. 58 (Yeomanry and Irish Volunteer
Officers); 48 Geo. 3, c. 140, s. 14 (Dublin Metropolitan Police);
52 Geo. 3, c. 38, s. 195 (Militia Officers); 52 Geo. 3, c. 68, s. 176
(Scotch Militia Officers) . . . . . . . . . . . . .
54 Geo. 3, c. 16 (Offices under Lord Lieutenant held under successor).
56 Geo. 3, c. 46, S. 8 (Auditor of Civil List); 56 (;eo. 3, c. 98, s. 16
(Commissioners of Treasury); 57 Goo. 3, c. 62, s. 10 (Irish offices);
57 Geo. 3, c. 64, 8, 15 (Scotch offices); 1 & 2 Geo. 4, c. 44, s. I
(Irish Judges); 4 Geo. 4, c. 7, s. 3 (Chancellor of Exchequer of
Groat Britain); 7 Geo. 4, c. 32 (President of the Board of Trade);
7 & 8 Geo. 4, c. 53, s. 8 (Officer of Excise); 7 & 8 Geo. 4, c. 65, s. 5
(Council of the Admiralty) . . . . . . . . . . . .
10 Geo. 4, c. 7, SS. 2, 9 (Roman Catholics; Priest disqualified) . . .
10 Geo. 4, c. 44, ss, 18 (Polico Magistrate); 10 Geo. 4, c. 62, ss. 1, 2
(Governor, &c., in India); 1 & 2 Will. 4, c. 33, s. 11 (Public Works
in Ireland); 2 & 3 Will. 4, c. 40, s. 1 (Lords of Admiralty); 2 & 3
Will. 4, c. 87, s. 36 (Irish IRegistrar of Deeds); 5 & 6 Will. 4, c. 35,
S. 5 (Paymaster-General); 6 & 7 Will. 4, c. 13, s. 18 (Irish Con-
stabulary); 6 & 7 Will. 4, c. 29, s. 19 (Dublin Police Magistrates);
4 & 5 Vict. c. 35, s. 5 (Land Commissioners); 6 & 7 Vict. c. 18,
s. 28 (Rovising Barristors); 13 & 14 Vict. c. 94, s. 3 (First
Ecclesiastical Commissioner); 14 & 15 Wict. c. 42, ss. 10, 20 (Com-
missioners of Woods and Forests; First Commissioner of Works);
14 & 15 Vict. c. 57, s. 2 (Irish assistant Barristers); 16 & 17 Vict.
c. 137, s. 5 (Charity Commissioners); 17 & 18 Vict. c. 117, s. 11
(Wost Indian Commissionors); 19 & 20 Vict. c. 2, s. 9 (Assistant
Commissioners of Police); 19 & 20 Vict. c. 116 (Vice-President of
Council of Education); 20 & 21 Vict. c. 60, s. 14 (Irish Bankruptcy
Judges); 20 & 21 Vict. c. 79, s. 7 (Irish I’robate Judge); 21 & 22
Vict, c. 72, s. 7 (Land Judge of Ireland) . . . . . . .
l'AG [.
346
347
348
348
353
355
358
362
36 |
365
365
369
370
346
PART IV.-I)ISQUALIITICATION OF CANI).II)ATIS,
5 & 6 Will. &
M. c. 7, 8, 59.
Collectors of
taxos.
PAGIE
21 & 22 Vict. c. 106, S. 4 (Four Undor Socroturios only); 21 & 22 Vict.
c. 106, H. 12 (Mombors of Council of India) . . . . . . 874
21 & 22 Vict. c. 110 (Accoptor of oſllco in rocess) . . . . . . . 874
25 & 26 Vict. c. 99, s. 4 (County Court Judgos); 26 & 27 Vict, c. 65, 8.5
(lºnglish Voluntoor § . . . . . . . . . . . 976
27 & 28 Vict. c. 34 (Fifth Under Secretary of Stato disqualiflod) ... , 876
29 & 30 Vict. c. 39, 8, 3 (IExchequer and Audit Officers); 29 & 30 Vict,
c. 55, H, 1 (Postmastor-Gonoral); 30 & 31 Vict. c. 44, 8, 4 (Irish
Vico-Chancellor); 30 & 31 Vict. c. 72 (Socretary of Iłoard of
Trado) . . . . . . . . . . . . . . . . . . 377
30 & 31 Vict. c. 102, H. 52 (Oſloos of profit accepted in succession) . . . 378
30 & 31 Vict. c. 114, S. 9 (Irish Admirally Judge); 32 & 33 Vict, c. 15,
8. 1 (Civil Servico ponsioners); 32 & 33 Vict. c. 42, 8, 9 (Irish
Church Commissionors); 32 & 33 Vict. c. 48, s. 17 (Diplomatic
I’onsioners); 33 & 34 Vict. c. 10, s. 14 (Master of the Mint);
83 & 84 Vict, c. 17, S8. 2, 3 (Surveyor of Ordnanco; I'inancial
Socrotary of War Offico) . . . . . . . . . . . . . 878
33 & 84 Vict. c. 23, s. 2 (Convicts) . . . . . . . . . . . 880
34 & 35 Vict. c. 70, s. 4 (Prosident and Soorotary of Local Govornment
I}oard); 35 & 36 Vict. c. 44, H. 4 (Chancory Paymaster-General);
35 & 36 Vict. c. 58, S. 41 (Bankrupts in Iroland); 36 & 37 Vict.
c. 77, s. 6 (Naval Voluntoor IForce); 38 & 39 Vict. c. 77, s. 5
(Judgos of Iligh Court and Court of Appeal); 40 & 41 Vict. c. 57,
s. Tº (Irish Judges); 44 & 45 Vict, c. 49, H. 54 (Irish I and Com-
missioners); 45 & 46 Vict. c. 49, s. 38 (Militia Oſllc.ors); 45 & 46
Vict, c. 50, H. 163 (4) (Recordors) . . . . . . . . . .
46 & 47 Vict. c. 51, SS. 4, 5, 11, 38, and 46 º l?racticos) . . .
46 & 47 Vict. c. 52, SB. 32, 33 (IEnglish IBankrupts); 46 & 47 Vict. c. 52,
s. 116 (1) (13ankruptcy IRogistrars); 47 & 48 Vict. c. 16, SS. 5, 6
(Scotch HøguoHtrations) . . . . . . . . . . . . .
47 & 48 Vict. c. 70, s. 2, sub-s, 2 (Corrupt Practicos at Municipal
Elections) . • * > . . . . . . . . . . , 387
381
$383
385
5 & 6 Will. & M. c. 7, s. 59.
Provided always that no momber of the IIouse of Commons
shall at any time be concernod directly or indirectly, or any
othor in trust for him, in tho farming, collecting, or managing
any of the sums of money, dutios, or other aids granted to their
Majosties by this Act, or that hereafter shall be granted by
any other Act of Parliament, except the Commissionors of the
Treasury and the officers and commissioners for managing the
customs and eacise not excooding the present number in each
offico.
Tho dutios grantod by tho Act woro on salt, boor, &c. The Soction makos
momborship a disqualification for the oſllco, and not tho offloo for the mombor-
ship; but by 12 & 13 Will. 3, c. 10, s. 88 (p. 348), customs' offloors are
disqualiſiod. In applying this provision to Irish oſllc.ors by S. 4 of 41 Goo. 8,
c. 52, tho office, hº. that º Commissioners of Iºxcise and Customs, Was
made a disqualification for cloction.
I'voise.] In regard to oxoiso, the exception in favour of commissionors and
offloors is takon away by 7 & 8 Goo. 4, c. 53, S. 8 (p. 368), and by the Samo
Act commissioners and officers of excise aro disqualified from sitting.
I3ANK OF ENGLAND SIIAREHOLDIER8—INFANTH.
347
5 & 6 Will. & M. c. 20, s. 32.
Whereas some doubt may arise whether any member or mem-
bors of l’arliament may be concerned in the corporation to be
oroctod in pursuanco of this Act, IBe it therefore declared and
onacted by the authority aforesaid that it shall and may be
lawful to and for any momber or members of the IIouse of
Commons to be a member or members of the said corporation
for the purposes in this Act mentioned, anything in the said
recitod Act contained to the contrary in any wise notwith-
standing.
The corporation is that of tho Governor and Company of tho Bank of Eng-
land, and tho rocitod Act is 5 & 6 Will. & M., c. 7, s. 59 (p. 346). By 15 Goo. 2,
c. 18, 8, 8 (p. 353), oſllc.ors of tho Bank of lºngland as woll as mombers are
qualified. This Act qualiſios mombors of tho House of Commons to be membors
of the Bank. Tho Act of Geo. 2 acts conversely.
7 & 8 Will. 3, c. 25, s. 7.
No person horeafter shall be capable of being elected a membor
to servo in this or any future T’arliament who is not of the age of
one and twenty years, and overy election or return of any person
under that age is horoby declared to be null and void, and if any
Such minor hereafter chosen shall prosume to sit or vote in I’arlia-
ment he shall incur such pomalties and forfeitures as if he had
prosumed to sit and vote in Parliament without being chosen
or returned.
The remaindor of this section deals with tho disqualification of infants to
voto, as to which, sco p. 5. Tho remaindor of the Act deals with the sheriff’s
dutios, as to which, Soo p. 390.
Iły 5 Anno, c. 8, 8.6 (Scotch Union Act), the Scotch reprosontatives aro to
bo “21 yoars of ago complete.”
Iły 4 Geo. 4, c. 55, s. 74, tho election of minors for counties of cities and
counties of towns in Iroland is declarod void.
In the opinion of Colco, infants were disqualified at common law. He
admitted that they sometimes sat “by connivanco, but if quostioned could be
put out" (10th of March, 1623; 1 Comm. J. 681). On the other hand, in
Trømchard's Case (2 Hatsell 9; 10 Comm. J. 508) an admitted minor was
declared duly elected; but, again, in Lawson's Case (18 Comm. J. 672), a
mombor's potition was withdrawn on tho ground of his minority. After the
passing of this section minors were sometimes connived at in l’arliamont, as in
tho caso of Charlos Jamos l'ox, who sat and spoke beforo ho was of ago.
It will bo convenient to collect horo cortain other disqualifications which
aro not statutory.
Women.] Womon aro disqualiſiod from being elocted. It is stated in
Jºngland's Jºpinomis (3 Selden's Works, p. 10) that among tho Ancient Britons
Womon “ had prorogative in doliberative sessions touching either poace govern-
mont or martial affairs.” Iłut the fact that no woman can bo shown over to
havo sat in tho llouse of Commons, combined with the analogy that women
otherwiso qualified are excluded from the House of Lords, is conclusive proof
that Womon uro disqualiſiod at common law, Solden says that the exclusion
5 & 6 Wil). &
M. c. 20, s. 32.
Mombers of
the Bank of
IGngland.
7 & 8 Will. 3,
c. 25, s. 7.
Infants.
348
PART IV.-DISQUALIFICATION OF CANDIDATES.
7 & 8 Will. 3,
c. 25, s. 7.
Infants,
Women,
Alicns.
12 & 13 Will. 3,
c. 2, s. 3.
Aliens.
12 & 13 Will. 3,
c. 10, s. 88.
Custom-house
officers.
of women from public functions is homestatis privilegium (1 Seldon's Works,
1083).
Mental weakness.] Lunatics and idiots are disqualified. A mombor Sane,
when returned, has his seat vacated if he become insane (Grampound D'Ewes,
126); but the lunacy must be incurable (Alcock's Case, 66 Comm. J. 226).
Sheriffs.]... Sheriffs and other returning officers are disqualified from being
elected for the constituency of which they are returning officers, but not for
other constituencios.
Members of Parliament.] A candidate already elected a momber of Parlia-
mont is disqualified.
Disqualifications for sitting.] Besides the above disqualifications for being
candidatos, there may be a disqualification from sitting by reason of the
member returned boing incapable of taking the prescribed oath through Want
of religious belief, or not having in fact taken the prescribed oath. (See
Attorney-General v. Bradlaugh, 54 Law Rop. Q. B. 205.)
12 & 13 Will. 3, c. 2, s. 3.
No person born out of the kingdoms of England, Scotland, or
Ireland, or the dominions thereunto belonging (although he be
naturalised or made a denizen, except such as are born of English
parents), shall be capable to be a member of either House of
Parliament.
By s. 7 of the Naturalisation Act, 1870 (33 Vict. c. 14), “an alien to whom
a certificate of naturalisation is granted shall in the United Kingdom be enti-
tled to all political and other rights, powers, and privileges to which a matural
born British subject is ontitled.” An alien naturalised by certificate is thore-
forc now qualified (see Cheltenham, 3 O’Malloy and Hardcastle, 86, where
similar words in a private Act were held to have the offect of qualifying).
The statute 13 Geo. 3, c. 21, makes porsons born abroad with a British
grandfather ontitled to all tho rights and privilogos of “natural born subjects.”
This torm is tho converse of “person born out of the dominions,” and there-
fore the grandchildren born abroad of British subjects appear qualified. The
º cannot, however, be traced further (De Geer v. Stone, L. R. 22 Ch. D.
243).
12 & 13 Will. 3, c. 10, s. 88.
If any member of the House of Commons from and after the
dissolution of this present Parliament, shall during the time of
his being a member of Parliament by himself or his deputy or
any other in trust for him or for his benefit take, enjoy, or exe-
cute any office, place, or employment, touching or concerning the
farming, managing, or collecting the customs, such person is
hereby declared and enacted to be absolutely incapable of sitting,
voting, or acting as a member of the House in such Parliament.
As to officers of cxcise, see 7 & 8 Geo. 4, c. 53, s. 8 (p. 368).
By 12 & 13 Vict. c. 91, s. 24, the Collector-General and collectors of rates
for Dublin aro disqualified for that city.
OFFICE-HOLDERS UNDER THE CROWN.
349
6 Anne, c. 7 (c. 41, revised statutes), SS. 24–29.
24. No person who shall have in his own name, or in the
name of any person or persons in trust for him or for his benefit,
any new office or place of profit whatsoever under the Crown
which at any time since the five-and-twentieth day of October in
the year of our Lord one thousand seven hundred and five have
been created or erected, or hereafter shall be created or erected,
nor any person who shall be commissioner or sub-commissioner
of prizes, secretary or receiver of the prizes, nor any comptroller
of the accounts of the army, nor any commissioner of transports,
nor any commissioner of the sick and wounded, nor any agent
for any regiment, nor any commissioner for any wine licences,
nor any governor nor deputy governor of any of the plantations,
nor any commissioners of the navy employed in any of the out-
ports, nor any person having any pension from the Crown
during pleasure, shall be capable of being elected or of sitting
or voting as a member of the House of Commons in any Parlia-
ment which shall be hereafter summoned and holden.
This section and the next are the two most important provisions in the
statute book in regard to disqualification. The next section does not disqualify
in the strict sense of the word; it vacates the Seat of a member only, and allows
him to be re-elected. Under this section all offices of profit under the Crown
created since the 25th of October, 1705, as to which the disqualification is not
removed by any subsequent Act of Parliament, disqualify for election. The
Act of Settlement (12 & 13 Will. 3, c. 2, s. 3) made no distinction between
new and old offices, but disqualified for both. . These two sections were a com-
promise introduced shortly after the union with Scotland, and made applicable
to the Parliament of the United Kingdom.
New Offices.] It is clear under this section, whatever may be the effect of
s. 25, that the office need not be accepted direct from the Crown. In Harvey's
Case (94 Comm. J., 48; Falconer & Fitzherbert, 594) an office as Registrar
of Hackney Carriages, under 1 & 2 Vict. c. 79, in the gift of the Home
Secretary, was held by a select committee to be a new office of profit under
the Crown. Where the office was in existence before 1705, and the appoint-
ment became vested in the Crown since that date, the Section was considered
not to apply (Galway, F. & F. 579), in which case the appointment to the old
office of Master in Chancery was since 1705 transferred from the Crown to the
Chancellor. Where, however, an old office is transferred to the Crown in
pursuance of a general scheme like that of bringing the Government of India
under the Crown, the holder was considered disqualified (IForsyth's Case, 1866,
standing counsel to the Indian Secretary). A change in the name and an
alteration of some of the duties have been considered not to turn an old office
into a new office (North Berwick, 2 Douglas, 423); neither does an increase
of salary (ib.). Extra duty performed by a military officer as “Assistant
Superintendent of the Royal Small Arms Factory” was held not to constitute
an office (Harwich Case, 1866).
Governor of Plantations.] This has been applied to the Governor of Barba-
does (23 Comm. J. 32), of Nova Scotia (31 Comm. J. 9), Lieut.-Governor of
Upper Canada (47 Comm. J. 46), Governor of the Leeward Islands (54 Comm.
J. 146), of Malta (68 Comm. J. 567), of the Cape of Good Hope (69 Comm. J.
125). As to Governors and Deputy Governors in the East Indies, see 10 Geo.
4, c. 62, s. 1 (p. 370).
Pensioners during pleasure.] Extended by 1 Geo. 1, c. 56 (p. 352), to
pensioners for years. Pensions to persons in respect of their having held
6 Anne, c. 7,
(c. 41, revised
statutes), SS.
24–29.
Holders of new
offices under
the Crown dis-
qualified.
350
PART IV.--DISQUALIFICATION OF CANDIDATES.
6 Anne. c. 7,
ss. 24–29.
Offices wnder
Crown.
Seat of acceptor
of any office
vacated.
civil offices in her Majesty's service aro by 32 & 33 Vict. c. 15 (p. 379), not
to disqualify for the House of Commons. Iły 32 & 33 Vict. c. 43, s. 17 (p. 879),
diplºmatic pensions are not to disqualify. -
The offices which have from time to time been excepted out of this provision
will be found mentioned in the statutes excepting them in their chrono-
logical order. The principal of these are the Lords of the Admiralty (p. 371),
Land Tax Commissioners (p. 364), President of the Board of Trade (p. 368),
Officers of the Bank of England (p. 353), Postmaster-General (p. 377), and
I’resident and Secretary of the Local Government 13oard (p. 381).
25. Provided always, That if any person, being chosen a
member of the House of Commons, shall accept of any office of
profit from the Crown during such time as he shall continue a
member, his election shall be and is hereby declared to be void,
and a new writ shall issue for a new election, as if such person
so accepting was naturally dead : Provided nevertheless, that
such person shall be capable of being again elected as if his
place had not become void as aforesaid.
Any office of profit from the Crown.] The words “any office,” while they
include old officos not dealt with by the preceding section, do not apply to
the new or other offices mentioned in it, otherwise the proviso allowing re-
election would repoal the provious section. It has been suggested that the
use of the word “from " in this section as distinguished from “under” in the
previous section limits its application to offices granted immediately by the
Crown. There have even been some decisions of the House of Commons on
this footing, e.g. tho case of Edward Walpole, who did not vacate his seat on
being made Clerk of the Polls, being appointed by the Treasurer of the
Exchequer and not by tho Crown (2 Hats. 51, 61). Tho distinction, how-
over, appears to be fanciful. The Sections are in pari materić so far as the
mischief aimed at is concerned, and “from '' is used in s. 25 simply becauso
grammar requires it. This view is supported by the wording of s. 3 of the
Act of Settlement (12 & 13 Will. 3, c. 2), which runs “office or place of profit
under the King,” and which was repealed by 4 Anne, c. 8, that Act first en-
acting the sections which by the present Act are re-enacted for the purposes
of the Parliament of tho United Kingdom. It has been tho practice for the
Socretaries to the Treasury, the Under Secrotarios of State, and the Secretary
to the Admiralty, not to vacato their seats whon appointed on the ground that
those offices are not accopted direct from the Crown, but the practice seems
doubtful in view of tho terms of tho Act. An office to which profit is
ordinarily attached does not cease to bo an office of profit by the accoptor
waiving tho profit. It was contonded that this was so when Mr. Gladstone
became Chancellor of the Exchequer without salary in 1874, but when in
1881 Mr. Horbert Gladstone was appointed Iord of the Treasury without
salary ho resigned his seat and was re-elected. In 1821, however,
Mr. Dathurst accepted the offico of Presidont of the Board of Control without
salary, and did not vacato his seat (3 Lord Sidmouth’s Life, 339).
Jaemptions.] By tho Representation of the People Act, 1867 (30 & 31
Vict. c. 102, p. 378), the seat is not vacated on the acceptance of various
offices therein mentioned in succession the one to the other, and at common
law a Secretary of Stato moving from one department to another, e.g. from
the Homo to the War Office, did not accopt an office under this soction, as
all the Socrotarios of Stato are supposed together to hold one office,
The stewardship of the Chiltern Iſundreds, or of the manors of East
IIondred, Northstead, or Hempholme, or escheator of Munster, aro offices of
profit under the Crown, and accopted when a membor desires to vacate his
seat, which he cannot legally rosign. No profit arisos from them, but they
are granted “togother with all fees,’ &c. Tho seat is vacated as soon as the
office is accepted, and the new writ issues before tho offico is actually filled.
(Case of Mr. Bruce, 18th April, 1864.)
ENGLISTI DISQUALIFICATIONS MADE BRITISII.
351
26. Provided also, and be it enacted, That in order to prevent
for the future too great a number of commissioners to be ap-
pointed or constituted for the executing of any office, that no
greater number of commissioners shall be made or constituted
for the execution of any office than have been employed in the
oxecution of such respective office at some time before the first
day of this present Parliament.
As to the effect of a greater number being returned, see 27 & 28 Vict. c. 34,
s. 2, p. 377.
27. Provided also, That nothing herein contained shall extend
or be construed to extend to any member of the IHouse of Com-
mons, being an officer in her Majesty's navy or army, who
shall receive any new or other commission in the navy or army
respectively.
This section does not prevent an officer in the army or navy being dis-
qualified as the holder of a new office under s. 24, or prevent the recipient
of a commission for the first time resigning his seat under s. 25, but if he is
duly elected and already commissioned, it enables him to receive a commis-
sion without resigning his soat under S. 25. A commission as governor of a
fort or garrison has been considered within this exemption: Wade's Case,
22 Comm. J. 201. The section includes marines and ordnance officers. As to
militia officers, see p. 364; as to volunteer officers, see p. 364; as to volunteer
artillery, see p. 376.
28. And be it further enacted, That if any person hereby dis-
abled or declared to be incapable to sit or vote in any Parliament
hereafter to be holden shall nevertheless be returned as a member
to serve for any county, stewartry, city, town, or cinque port in
any such parliament, such election and return are hereby enacted
and declared to be void to all intents and purposes whatsoever;
and if any person disabled or declared incapable by this Act to
be elected shall after the dissolution or determination of this
present Parliament presume to sit or vote as a member of the
IIouse of Commons in any Parliament to be hereafter summoned,
such person so sitting or voting shall forfeit the sum of five
hundred pounds, to be recovered by such person as shall sue for
the same in England, by action of debt, bill, plaint, or informa-
tion, wherein no eSSoign, protection, or wager of law shall be
allowed, and only one imparlance.
The terms used at the end of this section refer to a procedure long since
abolished. The action must be brought within one year: 31 Eliz. c. 5, s. 5;
Dyce v. Best, L. R. 1 Ex. 152; 35 L. J. Ex. 105.
29. And be it further enacted and declared, That every person
disabled to be elected or to sit or vote in the House of Commons
of any Parliament of England shall be disabled to be elected or
to sit or vote in the House of Commons of any Parliament of
Great Britain. -
This section makes the disqualifications for the Parliament of England
disqualifications for the Parliament of Great Britain even in regard to Scotch
Seats. It does not, however, provent disqualifications, if any, for the Scotch
Parliament still applying to Scotch seats. For the course taken on the union
with Iroland, sco 41 Geo. 3, c. 52, s. 2, p. 358.
6 Anne, c. 7,
ss. 24–29.
Limit on Com-
missioners for
officers.
Saving for
army and navy
officers.
Elections void.
Penalty.
English dis-
Qualifications
to be British.
352
PART IV.-DISQUALIFICATION OF CANDIDATES.
7 Anne, c. 20,
s. 22.
Registrar of
Middlesex.
1 Geo. 1, c. 56.
Pensioners.
Penalty.
6 Geo. 1, c. 18,
s. 10.
Officers of
Exchange and
London
Assurance
companies.
7 Anne, c. 20, s. 22.
No member of Parliament shall be capable of being registrar,
or of executing by himself or any other person or persons the
said office, or to have, take, or receive any fee or other profit
whatsoever issuing out of the said office, or for or in respect
thereof; nor shall any such registrar or his deputy or any person
or persons receiving profit out of the said office be at any time
hereafter capable of being or of being chosen a member to serve
in Parliament.
1 Geo. 1, c. 56.
1. No person having any pension from the Crown for any term
or number of years, either in his own name, or in the name or
names of any other person or persons in trust, for him, or for
his benefit, shall be capable of being elected or chosen a member
of, or of sitting or voting as a member of this present or any
future House of Commons which shall be hereafter summoned.
By 22 Geo. 3, c. 82, s. 30, it is enacted that any sum or sums of money
given by way of royal bounty to any person more than once in three years
shall be regarded a pension or pensions to all intents and purposes whatsoever.
A pension granted to a wife before marriage has been considered not to
disqualify the husband: Reading, Corbet & Daniel, 114.
2. And be it further enacted by the authority aforesaid, That
if any person who shall have such pension, as aforesaid, at the
time of his being so elected, or at any time after, during such
time as he shall continue or be a member of the House of Com-
mons, shall presume to sit or vote in that House, then and in
such case, he shall forfeit twenty pounds for every day in which
he shall so sit or vote in the said House of Commons, to such
person or persons who shall sue for the same in any of his
Majesty's Courts in Westminster Hall; and the moneys so for-
feited shall be recovered by the person so suing, with full costs
of suit in any of the said Courts, by action of debt, bill, plaint,
or information, in which no essoin, privilege, protection, or
wager of law shall be allowed, and only one imparlance. -
6 Geo. 1, c. 18, s. 10.
No person which shall be governor, director, or other officer
of either of the said corporations to be erected shall for that
cause only be disabled from being a member of Parliament.
The Royal Exchange Assurance and London Assurance Corporations were
created by charter in virtue of this Act, and in consideration of £300,000.
CLERKS IN GovI&RNMENT OFFICES.
353
7 Geo. 2, c. 16, s. 4.
No Judge of the Court of Session or justiciary or Baron of
the Court of Exchequer in Scotland shall be capable of being
elected or of sitting or voting as a member of the House of
Commons in any Parliament which shall be hereafter summoned
and holden.
As to English judges, see p. 382; as to Irish judges, see p. 382.
15 Geo. 2, c. 13, s. 8.
No person in respect of his being governor, deputy governor,
director, manager, or member of the said company, or for having
any stock or share therein, or for any matter or thing to be b
him done or performed in the affairs of the said corporation,
shall be now or at any time hereafter disabled from being or
continuing or from being elected or serving as a member of
Parliament. -
By 5 & 6 Will. & M. c. 20, s. 82 (p. 347), members of the Bank of England
are qualified.
15 Geo. 2, c. 22, ss. 1–3.
1. No person who shall be commissioner of the Revenue in
Ireland, or commissioner of the navy or victualling offices, nor
any deputies or clerks in any of the said offices, or in any of the
several offices following; that is to say, the office of Lord High
Treasurer, or the commissioners of the Treasury, or of the
auditor of the receipt of his Majesty's Exchequer, or of the tel-
lers of the Exchequer, or of the Chancellor of the Exchequer, or
of the Lord High Admiral, or the Commissioners of the Admi-
ralty, or of the Paymasters of the Army, or of the Navy, or of
his Majesty's principal Secretaries of State, or of the commis-
sioners of the salt, or of the commissioners of the stamps, or of
the commissioners of appeals, or of the commissioners of wine
licences, or of the commissioners of Hackney coaches, or of the
commissioners of hawkers and pedlars, nor any persons having
any office civil or military, within the Island of Minorca, or in
Gibraltar, other than officers having commissions in any regi-
ment there only, shall be capable of being elected, or of sitting
or voting as a member of the House of Commons, in any Parlia-
ment which shall be hereafter summoned and holden.
The object of this Act seems to be to extend the operation of s. 24 of
6 Anne to deputies and clerks. The disqualification is absolute and not
removable by re-election.
The inclusion of persons having any military office in Minorca and Gibral-
tar within this disqualification repeals to that extent s. 28 of 6 Anne, c. 7,
qualifying officers in the army receiving any “new or other commission.”
By 56 Geo. 3, c. 46, s. 8, p. 365, the auditor of the Civil List is declared in-
capable of being elected to or of sitting or voting in Parliament.
7 Geo. 2, c. 16,
s. 4
Scotch Session
judges.
15 Geo. 2,
c. 13, S. 8.
Officers of
Bank of Eng-
land qualified.
15 Geo. 2,
c. 22, SS, 1–3.
Deputies and
Clerks in
offices.
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356
PART IV.—DISQUALIFICATION OF CANDIDATES.
22 Geo. 3,
c. 45.
Contractors for
1’ublic Service.
Saving for
companies.
Saving for
contracts by
descent.
lèlection void.
Penalty.
Condition in
public con-
tracts as to
members.
Penalty.
3. Provided always, That nothing heroin contained shall ox-
tend, or be construed to extend, to any contract, agreement, or
commission, made, entered into, or accepted, by any incorporated
trading company in its corporate capacity, nor to any company
now oxisting or established and consisting of more than ten per-
sons, where such contract, agreement, or commission, shall be
made, entered into, or accepted, for the general benefit of such
incorporation or company.
6. Provided also, and bo it enacted, That nothing herein con-
tained shall extend, or be construed to extend, to any person on
whom, after the passing of this Act, the completion of any con-
tract, agreement, or commission, shall devolve by descent or
limitation, or by marriage, or as dovisee, legatee, executor, or
administrator, until twelve calendar months after he shall have
been in possession of the same.
9. And be it further enacted by the authority aforesaid, That
if any person horeby disabled, or declared to be incapable to sit
or voto in T’arliament, shall novertheless be returned as a member
to serve for any county, stewartry, city, borough, town, cinque
port, or place, in Parliament, such election and return are hereby
enacted and declared to be void : And if any person, disabled and
declared incapable by this Act to be elected, shall, after the end
of this present session of Parliament, presume to sit or vote as a
member of the IIouse of Commons, such person so sitting or
voting shall forfeit the sum of five hundred pounds for overy
day in which he shall sit or vote in the said IIouse, to any per-
son or persons who shall sue for the same, in any of his Majesty's
Courts at Westminster; and the money so forfeited shall be re-
covered by the porson or persons so suing, with full costs of suit,
in any of the said courts, by any action of debt, bill, plaint, or
information, in which no essoin, privilege, protection, or wager
of law, or more than one imparlance, shall be allowed; or by
summary complaint before the Court of Session in Scotland; and
ovory person, against whom any such penalty or forfeiture shall
be recovered by virtue of this Act, shall be from thencoforth
incapable of taking or holding any contract, agreement, or com-
mission, for the public Service, or any share thereof, or any
benefit or emolument from the same, in any manner what-
SOOVOI".
10. And be it enacted, That in every such contract, agreement,
or commission, to be made, entered into, or accepted, as afore-
said, there shall be inserted an express condition, that no mem-
ber of the House of Commons be admitted to any share or part
of such contract, agreement, or commission, or to any benefit to
arise therefrom : And that in case any person or porsons who
hath or have entered into or accepted, or who shall enter into
or accept, any such contract, agreement, or commission, shall
admit any member or members of the House of Commons to any
part or share thereof, or to receive any benefit thereby, all and
RESTORED OFFICEB ConsidICRED NIºw.
357
overy such person and persons shall, for every such offence, for-
feit and pay the sum of five hundred pounds; to be recovered,
with full costs of suit, in any of his Majesty's Courts of Record
at Westminster, by any person or persons who shall sue for the
same, by any action of debt, bill, plaint, or information, in
which no essoin, privilege, protection, or wager of law, or more
than one imparlance, shall be allowed; or by summary complaint
before the Court of Session in Scotland.
11. Tºrovided also, and be it enacted, That no person shall be
liable to any forfeiture or penalty inflicted by this Act, unless a
prosecution shall be commenced within twelve calendar months
after such penalty or forfeiture shall be incurred.
22 Geo. 3, c. 82, ss. 1, 2, 30.
1. From and after the passing of this Act the office commonly
called or known by the name of Third Secretary of State, or
Secretary of State for the Colonies, the office or establishment
commonly called The Board of Trade and I’lantations, the
offices of the lords and gentlemen of police in Scotland, the
principal officers of the Board of Works, the principal officers of
the great wardrobe, the principal officers of the jewel office, the
treasurer of the chamber, the cofferer of the household, the
offices of the six clerks of the board of green cloth, the office of
paymaster of the pensions, the offices of the master of the
harriers, the master of the foxhounds, and the master of the
staghounds, and all and every of the offices aforesaid together
with certain of the offices dependent on or connected with the
same of which a list shall be entered in the Exchequer by
certificate from the Lords Commissioners of the Treasury on or
before the tenth day of October one thousand seven hundred
and eighty-two (which list the said Lords Commissioners are
hereby directed to cause to be entered as aforesaid), shall be
and are hereby utterly suppressed, abolished, and taken away
(Rep. Stat. Law Rev. Act, 1871).
2. And it is hereby further enacted and declared by the
authority aforesaid, That if any office of the same name, nature,
description, or purpose of those hereby abolished shall be estab-
lished hereafter, the same is and shall be deemed and taken
as a new office to all constructions, intents, and purposes
whatsoever.
Under this Act two Secretaries of State only could sit, but by 21 & 22 Vict,
c. 106, S. 4 (p. 874), “any four " Secretaries of State, but four only at the
Same time, may be in the House of Commons.
22 Geo. 3,
c. 45.
Limitation of
actions.
22 Geo. 3, c. 82,
ss. 1, 2, 30.
Certain oſlices
abolished.
Oſłices of same
nature to be
considered new.
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898
IRIHII OFIPICES OF PROFIT'.
35%)
of any Parliament of the United Kingdom as knights, citizens,
or burgesses, for any county, city, borough, town, or place, in
that part of the United ICingdom called Ireland.
3. I’rovided nevertheless, That nothing in this Act shall be
construcd to enablo persons, herotofore disabled by any Act of
the Parliament of Great Britain from sitting and voting in the
IHouse of Commons of Great Britain, to sit or vote in the House
of Commons of the said Parliament of the said United Kingdom,
as knights, citizens, or burgesses for any county, city, borough,
town, or place in that part of the United Kingdom called
Ireland; nor to enable persons, horotofore disabled by any Acts
of the Parliament of Ireland from sitting and voting in the
TIouse of Commons of Ireland, to sit or vote in the House of
Commons of the IParliament of the said United Kingdom, as
knights, citizens, or burgesses for any county stewarty, city,
borough, cinquo port, town, or place, in that part of the United
Ringdom called Great Britain.
This proviso is obscure. Sect. 1 makes persons disqualifica for the 13ritish
Parliament disqualified also for the Parliament of the United Kingdom in
i.". of seats in Great Britain. Soct. 2 conversely makes persons disquali-
fied for the Irish Parliament disqualified for tho Parliament of the United
Kingdom in rospect of soats in Ireland. The proviso does not say, as has
boon supposed, that persons disqualified for the British Parliament shall be
disqualifical for the Parliament of the United Kingdom in respect of Irish
seats and e convergo in respect of British soats; that would be to repeal the
cxpress and limitod enactmonts in 8. 1 and s. 2; but it provides that “nothing
in the Act" shall “onable" persons disqualified by British Acts to sit for
Ireland and conversoly. The diſliculty is to know what thero is in the Act
which could havo the effect of enabling a person disqualified for Great
Britain, to sit for Ireland or the converso; but the proviso was probably
inserted for greater caution. In the JReading Case, Corbet & Daniel, 114, it
was considered that an Irish Act (33 Geo. 3, c. 41) disqualifying a person
whose wife has a pension from the Crown, does not disqualify for an IEnglish
constituency.
4. From and aftor the dissolution or other determination of
this present Parliament, no person or persons who shall by
himself or his deputy, or any other in trust for him, or for his
benefit, take, hold, enjoy, or executo, or continue to hold, enjoy,
or execute any of the offices, employments, or places of profit,
hereinafter mentioned, in or for that part of the United Kingdom
called Ireland, shall be capable of being elected or chosen a
member of or of sitting or voting as a member of the House of
Commons of any Parliament of the said United Kingdom of
Great Britain and Ireland, in any Parliament which shall here-
after be summoned and holden ; (that is to say),
No person who shall be commissioner of customs, excise, or
stamps, or who shall be concerned, directly or indirectly, in the
farming, collecting, or managing any of the sums of money,
duties, or other aids, heretofore granted, or which shall hereafter
bo granted by any Act of Parliament to his Majesty, his heirs
or successors (except the Commissioners of the Treasury and
their Secretary):
41 Geo. 3,
c. 52.
Proviso.
Persons hold-
ing places in
Ireland dis-
abled from
sitting in
United Par-
liament.
Customs,
lºxcise.
Stamps.
Treasury.
360
PART IV.-I)ISQUALIFICATION OF CANDIDATES.
41 Goo. 3,
c. 52.
Irish Offices
of Profit.
Regimental
agents.
Jontractors.
Saving for
companies.
Deputies or
clerks in cer-
tain offices,
Holders of new
offices under
Lord Lieute-
nant dis-
qualified.
Nor any agent for any regiment:
Nor any person who shall directly or indirectly, himself, or by
any person whatsoever in trust for him, or for his use or benefit,
or on his account, undertake, execute, hold or enjoy, or continue
to execute, hold or enjoy in the whole or in part, any contract,
agreement, or commission made or entered into, under or from
the Commissioners of his Majesty's Treasury in Ireland, or
with any one or more of such commissioners, or with any other
person or persons whomsoever, for or on account of the public
service in Ireland; or who shall knowingly and willingly
furnish or provide, in pursuance of any such agreement, con-
tract or commission which he or they shall have made or entered
into as aforesaid, any money to be remitted abroad, or any wares
or merchandise to be used or employed in the service of the
public, during the time that he shall execute, hold, or enjoy any
such contract, agreement, or commission, or any part or share
thereof, or any bonefit or employment arising from the same
(except persons who shall be members of any incorporated
trading company now existing or established in Ireland, and
consisting of more than ten persons, so far as relates to any
contract, agreement, or commission, which now is or shall or
may hereafter be made, entered into, or accepted by such com-
pany in its corporate capacity, for the general benefit of such
incorporation or company):
Nor any deputies or clerks in any of the several offices fol-
lowing: that is to say, the office of Lord High Treasurer or the
Commissioners of the Treasury (except the Secretary of the
Treasury); or the Chancellor of the Exchequer (except the
Secretary of the Chancellor of the Exchequer); or of the Com-
missioners of Stamps.
The general scheme of this section is to apply the disqualifications already
existing in England in regard to offices, &c., to the like offices, &c., in
Ireland.
Collectors of Customs, &c.] These words are taken from 5 & 6 Will. & M.
c. 7, applicable to the Parliament of England, which forbade members of
Parliament farming, &c. the dutios. (See also 12 & 13 Will. 3, c. 10, S. 88,
p. 348, by which a collector of the customs was disqualified for England.)
Contractors.] This adapts to the circumstances of Ireland (SS. 1 and 3 of
22 Goo. 3, c. 45, p. 355).
Clerks.] This applies (s. 1. of 15 Geo. 2, c. 22, p. 353) to Irish offices.
5. From and after the dissolution or other detormination of
this present Parliament, no porson who shall have in his own
name, or in the name of any person or persons in trust for him
or his benefit, any office or place of profit, from or by the
nomination or appointment, or by any appointment subject to
the approbation of the Lord Lieutenant, Lord Deputy, Lord
Justices, or other chief governor or governors of that part of the
United Kingdom called Ireland, created or erected at any time
after the passing of an Act of the Parliament of Ireland, in the
NEW OFFICES UNDER LORD LIEUTENANT.
361
thirty-third year of the reign of his present Majesty, intituled
An Act for securing the freedom and independence of the House of
Commons, by eacluding therefrom persons holding any offices under the
Crown to be hereafter created, or holding certain offices therein enu-
merated, or pensions for terms of years, or during His Majesty pleasure,
shall be capable of being elected or chosen a member of, or of
sitting or voting as a member of, the House of Commons of
any Parliament of the said United Kingdom of Great Britain
and Ireland, in any Parliament which shall hereafter be sum-
moned and holden.
This section adapts to the Parliament of the United Kingdom the Irish
statute, 33 Geo. 3, c. 41, which applied S. 24 of 6 Anne, c. 7 (p. 349), to
Ireland, and put officers under the Lord Lieutenant in a similar position to
officers under the Crown.
6. If any person hereby declared to be disabled from or ren-
dered incapable of sitting or voting in the House of Commons,
shall nevertheless be elected or returned as a member to serve in
Parliament for any county, Stewartry, city, borough, cinque
port, town, or place, in any part of the said United Kingdom,
such election or return are hereby enacted and declared to be
void to all intents and purposes whatsoever; and if any person
or persons so hereafter elected or returned, and declared to be
disabled or to be rendered incapable by this Act to be elected,
shall presume to sit or vote as a member of the said House of
Commons, such person or persons so sitting or voting shall
incur such pains, penalties, and forfeitures, as are inflicted or
imposed by the several Acts of Parliament heretofore passed in
Great Britain or Ireland for disabling or incapacitating such
persons from sitting in the Parliaments of Great Britain or
Ireland respectively; and if such person or persons shall be
disabled or incapacitated by the having, holding, or accepting
of any office, employment, or place of profit, in this Act emu-
merated and particularised, them and in such case such person or
persons so sitting or voting, shall forfeit the surn of five hundred
pounds for every day in which he shall sit or vote in the said
House; to be recovered by such person as shall sue for the same
in any Court of Record in any part of the said United Kingdom
by action of debt, bill, plaint, or information, wherein moessoign,
protection, or wager of law shall be allowed, and only one
imparlance.
The penalty is taken from 6 Anne, c. 7.
8. Provided also, and it is hereby further enacted and declared,
That nothing in this Act shall extend or be construed to exclude
any person having or holding any office, place, or employment
for life, or for so long as he shall behave himself well in his
office (other than and except all persons concerned in the man-
aging, collecting, or farming of any sums of money, duties, or
other aids granted or to be granted to his Majesty, his heirs or
41 Geo. 3,
c. 52.
Penalties
under former
British or Irish
Acts.
£500 per day.
Offices for life
or good be-
haviour.
362
PART IV.-DISQUALIFICATION OF CANDIDATES.
41 Geo. 3,
c. 52.
Irish Offices
of Profit.
Seat of accep-
tor of any
oflice vacated.
41 Geo. 3,
c. 63.
Priests and
deacons, and
ministers of
the Church of
Scotland.
successors); anything therein contained to the contrary not-
withstanding.
This distinction of offices held quamdiu bene se gesserit from offices held
durante bene placito does not occur in 6 Anne, but occurs in 15 Geo. 2, c. 22,
S, 3, p. 354, as to deputies and clerks.
9. Provided always, That if any person being chosen a
member of the House of Commons shall, from and after the
passing of this Act, accept of any office of profit whatever, im-
mediately and directly from the Crown of the said United
Ringdom, or by the nomination or appointment, or by any other
appointment subject to the approbation of the Lord Lieutenant,
Lord Deputy, Lord Justices, or other chief governor or governors
of that part of the said United Kingdom called Ireland, his seat
shall thereupon become vacant, and a writ shall issue for a new
election: Provided nevertheless, That such person (if he be not
incapacitated by anything hereinbefore contained), shall be
capable of being again elected to be a member of the House of
Commons for the place for which he had been a member, or for
any other place sending members to the House of Commons.
This applies s. 26 of 6 Anne to the Parliament of the United Kingdom
and to offices to which appointments are made by the Lord Lieutenant.
The words “immediately and directly ’’ are contrasted with “by appointment
of the Lord Lieutenant,” and do not throw light on the word “from " in
s. 25 of 6 Anne.
41 Geo. 3, c. 63.
1. Whereas it is expedient to remove doubts which have
arisen respecting the eligibility of persons in holy orders to sit
in the House of Commons, and also to make effectual provision
for excluding them from sitting therein; be it therefore declared
and enacted, That no person having been ordained to the office
of priest or deacon, or being a minister of the Church of Scotland,
is or shall be capable of being elected to serve in Parliament as
a member of the House of Commons.
The words “ordained to the office of priest or deacon’’ include ordinations
of the Irish Church. The English Act of Uniformity is 1 Eliz. c. 2. An
Irish Act of Uniformity was passed in Ireland in 1560. By 32 & 33 Vict.
c. 42, s. 2, the union between the English and Irish churches was dissolved,
but not so as to affect this Act, because since the Irish Church Act clergymen
of the Church of Ireland are still “pricsts or deacons.”
Minister of the Church of Scotland.] The Church of Scotland was estab-
lished by an Act in Scotland in 1592 as a Presbyterian Church. It afterwards
became Episcopalian until the Revolution, when it became Presbyterian again,
and was recognised by the Act of Union as the Presbyterian Church of Scot-
land for ever established as a fundamental part of the union. As to Roman
Catholic priests, see 10 Geo. 4, c. 7, s. 2 (p. 369).
By the Clerical Disabilities Act, 1870 (33 & 34 Vict. c. 91, s. 4), a minister
of the Church of England on executing a decd of relinquishment is relieved
from the disabilities of this Act,
CLERGYMEN AND PRESBYTERIAN MINISTERS.
363
2. And be it further declared and enacted, That if any person,
having been ordained to the office of priest or deacon, or being a
minister of the Church of Scotland, shall hereafter be elected to
serve in Parliament as aforesaid, such election and return shall
be void; and that if any person, being elected to serve in
Parliament as a Member of the House of Commons, shall, after
his election, be ordained to the office of priest or deacon, or
become a minister of the Church of Scotland, then and in such
case the seat of such person shall immediately become void ;
and if any such person shall, in any of the aforesaid cases, pre-
sume to sit or vote as a member of the House of Commons, he
shall forfeit the sum of five hundred pounds for every day in
which he shall sit or vote in the said House, to any person or
persons who shall sue for the same in any of his Majesty's
Courts at Westminster; and the money so forfeited shall be
recovered by the person or persons so suing, with full costs of
suit, in any of the said Courts, by any action of debt, bill,
plaint, or information, in which no essoign, privilege, protection,
or wager of law, or more than one imparlance, shall be allowed;
and every person against whom any such penalty or forfeiture
shall be recovered by virtue of this Act, shall be from thence-
forth incapable of taking, holding, or enjoying any benefice,
living, or promotion ecclesiastical, and of taking, holding, or
enjoying any office of honour or profit under his Majesty, his
heirs or successors.
This section ended with a proviso in favour of “any election which shall
have taken place before the passing of this Act.” This preserved the seat of
º ºne Tooke. It was doubtful whether the disqualification existed at common
{\,\W.
3. Provided also, and be it enacted, That no person shall be
liable to any forfeiture or penalty inflicted by this Act, unless
a prosecution shall be commenced within twelve calendar
months after such penalty or forfeiture shall be incurred.
4. And be it further enacted, That proof of the celebration
of divine service, according to the rites of the Church of England,
or of the Church of Scotland, in any church or chapel conse-
crated or set apart for public worship, shall be deemed and
taken to be primá facie evidence of the fact of such person having
been ordained to the office of a priest or deacon, or of his being
a minister of the Church of Scotland, within the intent and
meaning of this Act.
By the Act of Union (39 & 40 Geo. 3, c. 67, art. 5) the “doctrine and
Worship of the United Church of England and Ireland shall be as established
for the Church of England.” Divine service is therefore celebrated in the
Church of Ireland according to the “rites of the Church of England.” The
Irish Church Act (32 & 33 Wict. c. 42) makes no alteration, as by s. 20 the
“rites” of the Church of Ireland remain as before, and the ecclesiastical law
of * which was that of England, binds the Church of Ireland as if by
COI) tilla Ct.
A curious disqualification both from voting in and being elected to Scotch
constituencies is still retained in 32 Geo. 3, c. 63, s. 13, by which attendants
at Scotch Episcopal chapels where the Royal Family is not prayed for are
disqualified.
------------------> --- ~~------------------.
41 Geo. 3,
c. 63.
Election void.
Penalty.
Limitation of
actions.
Proof.
364 PART IV.-DISQUALIFICATION OF CANDIDATES.
42 Geo. 3, 42 Geo. 3, c. 116, s. 185.
c. 116, s. 185. e - º º tº
The acceptance of any commission from his Majesty in pur-
Land Tax suance of the said recited Acts or any of them, or of this Act,
. shall not vacate the seat of any person returned to serve in Par-
º liament, nor shall the election of any person who hath accepted
or who shall accept any such commission be in any manner
impeached thereby or made void, any law or statute to the
contrary notwithstanding, Provided always that the acceptance
of the office of a commissioner for the redemption or sale of land
tax under the said recited Acts or this Act, shall not, by reason
of any allowance for executing the same, be deemed, taken, or
construed to be a place or employment of profit under his
Majesty, notwithstanding the appointment shall be by warrant
under the Royal sign manual, but that the same shall be deemed,
taken, and construed to be a place or employment under the
authority of this Act to all intents and purposes.
44 Geo. 3, 44 Geo. 3, c. 54, s. 58.
r:
c. 54, s. 58. No person who has accepted or shall hereafter accept of a
Yeomanry and commission in any corps of yeomanry or volunteers in Great
volunteer Britain or Ireland, shall be deemed in respect thereof to have
officers. vacated or vacate his seat as a member returned to serve in
Parliament.
This section extends the principle of s. 5 of the Act of Anne, p. 351.
Repealed as to volunteers in Great Britain by 26 & 27 Vict. c. 65, p. 376.
48 Geo. 3, 48 Geo. 3, c. 140, s. 14.
. 140. s. 14. tº © º º Q ©
c. 14U, S The said Divisional Justices and Receiver and all other per-
Dublin . sons holding any office in or under the said police establishment
*Politan shall be incapable of being chosen members of or sitting in the
police. House of Commons in any Parliament during such time as they
shall hold their said offices respectively.
So of the justices and receivers appointed under 6 & 7 Will. 4, c. 29, s. 19,
p. 372.
52 Geo. 3, 52 Geo. 3, C. 38, S. 195.
c. 38. s. 195. - e. e º “Tº e s is
— `` The acceptance of a commission in the local militia shall not
Militia officers, vacate the seat of any member returned to serve in Parliament.
52 Geo. 3, 52 Geo. 3, c. 68, S. 176.
. 68, s. 176. e - e º * & s e
c. 08, S The acceptance of a commission in the local militia shall not
Scotch militia vacate the seat of any member returned to serve in Parliament.
oſlicers.
OFFICES UNDER SUCCESSIVE LORD LIEUTENANTS,
365
54 Geo. 3, c. 16.
1. If at any time any person being a member of the House of
Commons who shall have accepted of any office of profit what-
ever on the nomination or appointment, or by any other appoint-
ment subject to the approbation of any lord lieutenant, lord
54 Geo. 3,
c. 16.
Offices under
the Lord
Lieutenant
held under
deputy, lord justices, or other chief governor or governors of successor.
Ireland for the time being, shall have remained or continued in,
or shall remain or continue in, or shall have accepted or reac-
cepted, or shall accept or reaccept the same by the nomina-
tion or appointment, or by any appointment subject to the
approbation of any successor or successors to the lord lieutenant,
lord deputy, lord justices, or other chief governor or governors
of Ireland by whom such person was previously nominated,
appointed, or approved, or reappointed or continued, the seat of
such person so remaining or continuing in, or accepting or re-
accepting such office from or under any such successor or suc-
cessors, shall not thereupon become vacant, nor shall any writ
issue for a new election anything in the said recited Acts the
contrary notwithstanding.
2. Provided always, That nothing in this Act contained shall
extend or be construed to extend to any person or persons, but
such as shall have been, or shall have continued and remained,
or shall be or shall continue and remain in any such office at the
time of the decease, removal, or absence (as the case may be) of
the lord lieutenant, lord deputy, lord justices, or other chief
governor or governors of Ireland by whom such person was
nominated, appointed, or approved, or reappointed or continued.
The object of this Act was to prevent the staff of the Lord Lieutenant of
Ireland vacating their seats under 41 Geo. 3, c. 52 (p. 360), on a change in the
Lord Lieutenant.
56 Geo. 3, c. 46, s. 8.
It shall be lawful for the Lord High Treasurer or the Com-
missioners of his Majesty's Treasury for the time being, or any
three or more of them, and they are hereby required to appoint
a proper person who shall be empowered and required to examine
and audit all the tradesmen's bills, and the accounts and ex-
penses incurred or to be incurred in the departments of the Lord
Chamberlain, Lord Steward, and Master of the Horse, and to
examine into all the expenditure within those departments
during its progress, and to report thereon, to the Lord High
Treasurer or the Commissioners of his Majesty's Treasury for
the time being, so that the same may be, as far as may be
practicable, in conformity to the previous estimates thereof as
sanctioned and approved by the Lord High Treasurer or the
56 Geo.3, c. 46,
s. 8.
Auditor of
Civil List.
366
PATRT IV.-DISQUALIFICATION OF CANDII)ATES.
56 Geo. 3, c. 46,
s. 8.
56 Geo. 3,
c. 98, s, 16.
Commissioners
of the Treasury
of the United
Kingdom
qualified.
57 Geo. 3, c. 62,
s. 10,
Irish offices.
Commissioners of his Majesty's Treasury for the time being, or
any three or more of them ; and the said officer, during the
holding of the said office, shall be and is hereby declared to be
incapable of being elected into or of sitting and voting in Par-
liament.
56 Geo. 3, c. 98, s. 16.
The appointment of any person or persons to bo Commissioner
or Commissioners of his Majesty's Treasury of the United King-
dom of Great Britain and Ireland shall not, nor shall any such
appointment be deemed or taken to be an appointment or
appointments to a new office or new offices, or place or places of
profit under the Crown; and any person so to be appointed one
of the Commissioners of his Majesty's Treasury of the United
Kingdom of Great Britain and Ireland shall not, nor shall any
of them be thereby disabled from sitting or voting as a member
of the House of Commons, nor shall he be thereby rendered
incapable of being elected a member of the House of Commons,
anything in any Act or Acts to the contrary in anywise not-
withstanding.
... The Commissioners of the Treasury in England were excepted from 5 & 6
Will. & M. c. 7, s. 59 (p. 346).
57 Geo. 3, c. 62, s. 10.
And bo it further enacted, That overy office and appointment
belonging to and making part of the establishment of any of the
said offices respectively, when so regulated as aforesaid, shall be
deemed and taken to be a now office within the true intent and
meaning of an Act passed in the forty-first year of the reign of
his present. Majesty, intituled “An Act for declaring what
persons shall be disabled from sitting and voting in the House
of Commons,” &c., and every person holding any such office
shall be incapable of sitting or voting as a member of the House
of Commons, and overy such officer who shall sit or vote in the
IIouse of Commons shall be liable and subject to the penalties
and forfeitures contained in the said recited Act with respect to
such person or persons as shall be disabled or incapacitated by
the holding or accepting of any office, employment, or place of
profit in the said Act enumerated and particularised.
The otices regulated by this Act are the Irish offices of Clork of the
Council, Master-General, l’ratique Mastor of the port of Dublin, Storekeeper
of tho Customs in the said port, and Commissioners of the Board of Works in
Ireland, For 41 Goo. 3, c. 52, 800 p. 362. The Act is general, and so is not
limited to Irish seats.
ScorpoH OFFICEB—CHANCELLOR OF THE EXCIIEQUER.
367
57 Geo. 3, c. 64, s. 15.
And be it further enacted, That the regulation of any office
under the provisions of this Act, which was an office existing
previous to an Act passed in the sixth year of the reign of her
iate Majesty Queen Anne, intituled “An Act for the security of
her Majesty's person and government, and of the succession to
the Crown of Great Britain in the Protestant line,” shall not be
held to be a new office within the intent and meaning of that
Act of Parliament; but every person holding any such office so
regulated shall be and remain in the same situation with respect
to that Act of Parliament as if the same had not been regulated
under the provisions of this Act.
The offices regulated by this Act are the offices of Keeper of the Great Seal
for Scotland, Keeper of tho Privy Seal for Scotland, Keeper of the Signet and
Lord Register in Scotland, Cashier and Receiver-General of Excise in Scot-
land, Knight-Marshal or Vice-Admiral in Scotland, Auditor of the Exchequer
in Scotland, King's Remembrancer in Iºxchequer in Scotland, Lord Trea-
surer's Remembrancer in Exchequer in Scotland, Presenter of Signatures in
Ixchequer in Scotland, Keeper of the General Register of Seizins in Scotland,
Clork to the Admission of Notaries in Scotland, Director of the Chancery in
Scotland, Clerk of the Chancery in Scotland, and Clerk of the Court of
Admiralty in Scotland. The Act is not limited to Scotland, and therefore
applies to English Seats.
1 & 2 Geo. 4, c. 44, s. 1.
No person holding the office of Lord Chancellor in Ireland,
Master of the Rolls in Ireland, or being one of the twelve
judges of the Courts of King's Bench, Common Pleas, and
Exchequer in Ireland, or being a master in Chancery in Ireland,
shall be capable of being elected or of sitting or voting as a
member of the IIouse of Commons.
The Irish Judicature Act (40 & 41 Vict, c. 57, S. 13, post, p. 382), disqualifies
tho judges of the High Court and Court of Appeal in Ireland.
4 Geo. 4, c. 7, s. 3.
And be it further enacted, That if any person holding the
office of Chancellor of the Exchequer of Great Britain shall at
any time be appointed to be Chancellor of the Exchequer of
Ireland, then and whenever it shall so happen, the said person
so appointed shall not by such his appointment to the said office
of Chancellor of the Exchequer of lreland or by his acceptance
thereof, vacate his seat as a member of the Commons House of
Tarliament if he shall then be a member thereof.
The first section of this Act provides that “the porson who for the time
being shall hold the office of Chancellor of Exchequer of Great Britain shall
always from time to time bo appointed Chancellor of the Exchequer of Iro-
57 Geo. 3, c. 64,
s. 15.
Scotch offices.
1 & 2 Geo. 4,
c. 44, s. 1.
Irish judges.
4 Geo. 4, c. 7,
S. 3.
Chancellor of
Exchequer of
Great Britain.
368
PART IV.-DISQUALIFICATION OF CANDIDATES.
4 Geo. 4, c. 7,
S. 3.
Chancellor of
Jºachequer.
7 Geo. 4, c. 32.
President of
the Board of
Trade
Qualified.
7 & 8 Geo. 4,
c. 53, s. 8.
Commissioner
or officer of
excise.
land.” By 33 & 34 Vict. c. 10, s. 14 (p. 380), the Chancellor of the Exchoquer
is made Master of the Mint, and the union of the offices is neither to produce
a disqualification nor a vacation of seat. It is to be observed that the present
section does not deal with disqualification, but vacation of seat. The best
answer to the contention that the Chancellorship of the Exchequer when con-
solidated with the Chancellorship of Ireland was a disqualification for a new
office under 6 Anne, c. 7, s. 24, is that he always has sat in Parliament.
7 Geo. 4, c. 32.
Such office shall not by reason of such salary being annexed
thereto be deemed a new office; Provided always that no
such order or warrant or receipt of salary under the same by
the person holding such office at the time of passing this Act
shall make void the election of any such person, nor shall any
new writ issue for a new election in consequence of any such
order or warrant or receipt of salary under the same, anything
in any Act or Acts to the contrary notwithstanding.
7 & 8 Geo. 4, c. 53, s. 8.
No person being a member of the Commons IIouse of Parlia-
ment shall, during the time of his being such member of
Parliament, be capable of being a commissioner or assistant
commissioner of excise, or commissioner of appeal under this
Act, or of being an officer of excise, or person employed in the
charging, collecting, or managing of any part of the revenue of
excise, or in comptrolling or auditing the accounts thereof, nor
shall be capable of taking, holding, or executing, or being in
any manner concerned in executing, either by himself or deputy,
or by any other person or persons in trust for him, or for his use
and benefit, any such office or employment; and if any person
shall, during the time of his being a member of the Commons
IIouse of Parliament, at any time take, hold, or execute, or be in
any manner concerned in executing, either by himself or deputy,
or by any other person or persons in trust for him, or for his use
and benefit, any such office or employment as aforesaid, such
person shall be and is hereby declared to be incapable of sitting,
voting, or acting in any manner as a member of the Commons
IIouse of Parliament in such Parliament. -
This section repeals the exception in 5 & 6 Will. & M., c. 7, s. 57, in
favour of Commissioners of Excise. The disqualifying part of the section
is limited to members of the House of Commons, and it does not dis-
Qualify for election. As soon, however, as an excise officer is elected he
“holds” the office during the timo of his being a member and is incapable of
sitting, unless he resigns. Commissioners and officers of customs, excise, and
stamps in Ireland are disqualified for election (41 Geo. 3, c. 52, s. 4, p. 359).
A8 to officers of customs, see 12 & 13 Will. 3, c. 10, s. 88, p. 348.
Rom AN CATIIoI,ICS AND PRIEST8.
369
7 & 8 Geo. 4, c. 65, s. 5.
The members of the Council of the Lord High Admiral for
the time being shall not be deemed and taken to have or hold
any new offices or places of profit within the meaning of an Act
passed in the sixth year of the reign of her Majesty Queen
Anne, intituled “An Act for the security of her Majesty's
porson and government, and of the succession to the Crown of
Great Britain in the Protestant line.”
10 Geo. 4, c. 7, ss. 2, 9.
2. It shall be lawful for any person professing the Roman
Catholic Religion, who shall after the commencement of this
Act be returned as a member of the House of Commons, to sit
and vote in Parliament, being in all other respects duly quali-
fied to sit and vote therein, upon taking and subscribing the
oath, instead of the oaths of allegiance, Supremacy, and abju-
ration.
Iłoman Catholics were not disqualified from being elected, but were pre-
vented from sitting by being required to make the declaration against tran-
substantiation, &c. This Act not only provided an oath (for which the general
oath is now substituted by 31 & 32 Vict. c. 72), but gave Roman Catholics a
substantive statutory right to sit.
Jew8.] Similarly Jews were not disqualified from being elected, but down
to 1858 were bound before sitting to take the oath on “the true faith of a
Christian” (Miller v. Salomans, 8 Ex. Ch. 788). These words are now onlitted
from the oath as prescribed by the Parliamentary Oaths Act, 1866, as
amended by the Promissory Oaths Act, 1868.
Atheists.] Atheists are not disqualified from being elected, but they are
incapable of taking the oath now required, on account of their want of
religious belief (Attorney-General v. Bradlaugh, 54 Law Rep. Q. B. 205), and
are not entitled to substitute an affirmation for the oath (Clarke v. Bradlaugh,
7 Q, B. D. 38; 50 L. J. Q. B. 342; 44 L. T. 667; 29 W. R. 516). Although,
therefore, they are elected they cannot take their seat.
9. And be it further enacted, That no person in Holy Orders
in the Church of Rome shall be capable of being elected to serve
in Parliament as a member of the House of Commons; and if
any such person shall be elected to serve in Parliament as
aforesaid, such election shall be void; and if any person, being
elected to serve in Parliament as a member of the House of
Commons shall, after his election, take or receive Holy Orders
in the Church of Rome, the seat of such person shall immediately
become void; and if any such person shall, in any of the cases
aforesaid, presume to sit or vote as a member of the House of
Commons, he shall be subject to the same penalties, forfeitures,
and disabilities as are enacted by an Act passed in the forty-first
year of the reign of King George the Third, intituled An Act to
remove doubts respecting the eligibility of persons in Holy Orders to
7 & 8 Geo. 4,
c. 65, s. 5.
Council of the
Admiralty
qualified.
10 Geo. 4,
c. 7, ss, 2, 9.
Roman
Catholics may
sit and vote.
Roman
Catholic priest
disqualified.
2 B
370
I’ART IV.--DISQUALITICATION OF CANDII)ATICS.
10 Geo. 4,
c. 7, ss. 2, 9.
10 Geo. 4,
c. 44, s. 18.
Police magis-
trate.
10 Geo. 4, c. 62.
Hovernor, &c.,
in India
incapable of
sitting.
I'lection void.
Penalty.
8it in the IIouse of Commong ; and proof of the celebration of any
religious service by such person, according to the rites of the
Church of Rome, shall be deemed and taken to be primá facie
evidence of the fact of such person being in IIoly Orders within
the intent and meaning of this Act.
A8 to clorgymen of the Churchos of England and of Ireland, and ministers
of the Church of Scotland, Boe 41 Geo. 3, c. 63 (p. 362).
10 Geo. 4, c. 44, s. 18.
No justice of the peace or receiver, appointed by virtue of
this Act, shall, during the continuance of such appointment, be
capable of being elected or of sitting as a member of the IIouse
of Commons.
The justices appointed under this Act are tho police magistratos for
Westminstor, and the recoivor is the receiver for the Metropolitan Police
District. This section is by 19 & 20 Vict. c. 2, 8, 9 (p. 373), extended to
Assistant Commissioners of I’olice appointed under that Act. The other
Acts in regard to Metropolitan Polico Magistrates aro to be read as one with
this Act, but there appears to bo no other parliamentary disqualification.
The 3 & 4 Will. 4, c. 19, 8, 19, disqualifying the metropolitan magistrates
appointed thereby was repealed by 2 & 3 Vict, c. 71, s. 54, and not re-onacted.
The Stipendiary Magistrates Act, 1863 (26 & 27 Vict. c. 97), relating to large
towns contains no such clause.
10 Geo. 4, c. 62.
1. No person who shall be hereafter appointed governor or
deputy governor of any of the settlements, presidencies, terri-
tories, or plantations of the said East India Company, shall be
capable of being elected or of sitting or voting as a member of
the TIouse of Commons while he shall continue to hold such
office.
The statute of 6 Anne, c. 7, s. 25, disqualified “Governors and Deputy-
Governors of Plantations.” Governors and Lieutenant-Governors of the
I’residencies are still “Governors and I)eputy-Governors of Presidencies of
the East India Company,” although the company no longer exists. Moro-
over, now that these Prosidoncies are under the Crown, thero is the less
doubt that they are “I’lantations” within the meaning of 6 Anne.
2. And be it further onacted, That if any person hereby
declared to be incapable to sit or vote as a member of the House
of Commons shall nevertheless be returned as a member to serve
in l’arliament, such election and return are hereby enacted and
declared to be void; and if any person declared by this Act
incapable of being elected shall sit or vote as a member of the
Iſouse of Commons, such person so sitting or voting shall forfeit
the sum of five hundred pounds to such person or persons who
shall Sue for the same in any of his Majesty's Courts at West-
minster; and the money so forfeited shall be recovered by the
persons so suing, with full costs of suit, in any of the said
(ſolo NIAT, GOVERNOR8—Loſt DS OF THE ADMIRALTY.
371
Courts, by action of debt, bill, plaint, or information, in which
no essoign, privilege, protection, or wager of law, or more than
one imparlance, shall be allowed.
1 & 2 Will. 4, c. 33, s. 11.
No commissioner or other officer appointed or to be appointed
under the provisions of this Act shall, during the time of his
acting or appointment as such commissioner or officer, be capable
of being elected a member of or sitting in the IIouse of Commons.
2 & 3 Will. 4, c. 40, s. 1.
Provided always, That such transfer shall not be deemed to
confer on the said commissioners for executing the office of Lord
IIigh Admiral aforesaid any new office within the meaning of
an Act passed in the sixth year of the reign of her Majesty
Queen Anne, in tituled, &c., nor shall any such commissioner last
mentioned by taking upon himself under any new letters patent
which his Majesty may think fit to cause to be issued the duties
of the offices so abolished be disqualified from sitting and voting
in Parliament, or thereby vacate the seat in Parliament which
any such commissioner may then hold, anything contained in the
said Act of Queen Anne or in any other Act or any usage of
Tarliament to the contrary nothwithstanding ; but it is never-
theless hereby declared that, from and after the passing of this
Act, no greater number than five commissioners of the Admiralty
shall be competent at any one time to sit and vote in the
Commons IIouse of Parliament.
As to the effect of an excessive number being returned, see 27 & 28 Vict.
c. 34, s. 3 (p. 377).
As to the limit on the number of Secretaries of State, see 27 & 28 Vict.
c. 34 (p. 376).
2 & 3 Will. 4, c. 87, s. 36.
No person holding the said office of Registrar of Deeds in
Ireland shall be capable of being elected a member or of sitting
or voting in Parliament.
5 & 6 Will. 4, c. 35, s. 5.
The said office of Paymaster-General shall not be deemed or
taken to be a new office within the meaning of an Act passed
in the sixth year of the reign of her Majesty Queen Anne,
intituled, &c.
See also 35 & 36 Vict. c. 44, S. 4 (p. 381).
10 Geo. 4, c. 62.
1 & 2 Will. 4,
c. 33, s. 11.
Commissioners
of Public
Works in
Ireland.
2 & 3 Will. 4,
c. 40, s. 1.
Five Lords of
the Admiralty
only in House
of Commons.
2 & 3 Will. 4,
c. 87, s. 36.
Irish Registrar
of Deeds.
5 & 6 Will. 4,
c. 35, s. 5.
Paymaster-
General
qualified.
2 B 2
372
PART IV.—DISQUALITICATION OF CANDIDATES.
6 & 7 Will. 4,
c. 13, s. 18.
Irish Con-
stabulary
oſlicers.
<- :- sºººº-ººr rºº Naº-mº
6 & 7 Will. 4,
c. 29, H. 19.
Dublin police
magistrates.
4 & 5 Vict.
c. 35, s. 5.
I and Com-
missioners.
6 & 7 Vict.
c. 18, H. 28.
Rovising
barristers.
*-*.*-****
13 & 14 Wict.
c. 94, 8, 3.
First
Ecclesiastical
Commissioner.
1 A & 15 Vict,
c. 42, 88. 10, 20.
Commissioners
of Woods and
I'orests,
6 & 7 Will. 4, c. 13, s. 18.
No inspector-general, doputy inspector-general, receivor, or
county-inspector, or magistrate appointed by virtue of this Act
shall, during the continuanco of such appointment; be capable of
being elected or sitting as a momber of the IIouse of Commons.
Soo also 48 Goo. 3, c. 140, 8, 14 (p. 364).
6 & 7 Will. 4, c. 29, s. 19.
No justice of the peace or roceivor appointed by virtue of this
Act shall, during the continuance of such appointment, be
capable of being elected or of sitting as a member of the IHouse
of Commons.
4 & 5 Vict. c. 35, s. 5.
No commissioner or assistant commissioner appointed as afore-
said shall, during the continuance of such office, bo capable of being
elected or of sitting as a member of the House of Commons.
Iły 14 & 15 Vict. c. 53, H. 6, thoprovisions of any Acts applicable to copyhold
commissioners are applical to the land commissionors undor that Act.
6 & 7 Vict. c. 18, s. 28.
No barristor appointed as aforesaid shall for eighteen months
from the time of his appointment bo oligible to serve in 1’arlia-
unent for any county, riding, parts, or division of a county, or
for any city, borough, or other place as aforesaid for which he
shall be so appointed.
l'or tho rest of this section, Sco p. 86.
13 & 14 Vict. c. 94, s. 3.
The First Church Estates Commissioner for the time being shall
be capable of being elected and of sitting and voting as a
member of the Ilouse of Commons.
14 & 15 Vict. c. 42, ss. 10, 20.
10. Neither of the commissioners of her Majesty's Woods,
Forests, and Land Revenues for the time being under this Act
shall be capable of being elected or of sitting or voting as a
member of the TIouse of Commons.
CHARITY CoMMIHBIONERS–Poi,ICI, COMMISSIONER8.
373
20. The First Commissioner of hor Majesty's Works and
Dublic Iłuildings for the time being shall be capable of being
elected and of sitting and voting as a member of the IIouse of
Commons.
14 & 15 Vict. c. 57, s. 2.
No person holding the said office of assistant barrister shall
be capable of being a member of the IIouse of Commons in the
prosent or any future Parliament,
These assistant barristers are chairmen of county quarter sessions in
Iroland. r
16 & 17 Vict. c. 137, s. 5.
No paid commissioner, secretary, or inspector to be appointed
under this Act shall be capable of sitting in the IIouse of
Commons during the tenure of his office.
17 & 18 Vict. c. 117, s. 11.
No commissioner shall during his continuance in office bo
capable of being elected or of sitting as a momber of the House
of Commons.
These are Commissioners of oncumbered ostates in the West Indies.
19 & 20 Vict. c. 2, s. 9.
The provisions of the firstly recitod Act for preventing any
justice of the peace appointed by virtue of that Act from being
clected or sitting as a membor of the IIouse of Commons shall
apply to and include the said assistant commissioners to be
appointed under this Act.
The rocited Act is 10 Goo. 4, c. 44, for s. 18, of which see p. 370. Ry the
Metropolitan Police Act, 1884 (47 & 48 Vict. c. 17), power to appoint a third
assistant commissionor is givon, to whom this Act “shall apply in like
manner as if three assistant commissioners of police wore thorein mentioned.”
19 & 20 Vict. c. 116.
Such Vice-President shall be capable of being elected and of
sitting and voting as a member of the Ilouse of Commons.
- --- - *** * * *-*** : *-----------------------~
Assistant
14 & 15 Wict.
c. 42, SS. 10, 20.
First Commis-
sioner of
Works.
14 & 15 Wict.
c. 57, 8, 2.
Irish assistant
barristers.
16 & 17 Vict.
c. 137, s. 5.
Charity
Commissioners.
17 & 18 Vict.
c. 117, s. 11.
West Indian
Commissioners.
19 & 20 Vict.
c. 2, s. 9.
*-*-*=
Commissioners
of Police.
19 & 20 Vict,
c. 116.
Vice-President
of Council of
lºducation
qualified.
374
PART IV.-DISQUALIFICATION OF CANDIDATES.
20 & 21 Vict,
c. 60, s. 14.
Irish l8ank-
ruptcy Judge.
20 & 21 Wict.
c. 79, s. 7.
Irish Probate
Judge,
21 & 22 Vict.
c. 72, s. 7.
Land Judge
of Ireland.
21 & 22 Vict.
c. 106, ss. 4, 12.
Four Principal
and four
Under
Secretaries
only in the
House.
Members of
Council of
India,
21 & 22 Vict,
c. 110.
Acceptance of
oſlice during
1'(3CQSS.
20 & 21 Vict. c. 60, s. 14.
No such judge shall during his continuance in such office be
capable of being elected a member of the House of Commons.
20 & 21 Vict. c. 79, s. 7.
No person holding the said office of judge shall be capable of
being elected or being a member of the present or any future
IIouse of Commons.
21 & 22 Vict. c. 72, s. 7.
No judge appointed under this Act shall during his continu-
ance in such office be capable of being elected or of sitting as a
member of the House of Commons.
21 & 22 Vict. c. 106, ss. 4, 12.
4. Any four of her Majesty's Principal Secretaries of State for
the time being and any four of the Under Secretaries for the time
being to her Majesty's Principal Secretaries of State may sit and
vote as members of the House of Commons, but not more than
four such l’rincipal Secretaries and not more than four such
Under Secretaries shall sit as members of the House of Commons
at the same time.
This section forbids a fifth Secretary of State or Under Secretary to sit,
and by 27 & 28 Vict. c. 34, S. 1 (p. 377), if a fifth Under Secretary be returned
the election is void. This Act created the office of Secretary of State for India.
12. No member of the Council appointed or elected under
this Act shall be capable of sitting or voting in Parliament.
21 & 22 Vict. c. 110.
1. From and after the passing of this Act it shall and may be
lawful for the Speaker of the House of Commons for the time
being during any recess of the House as aforesaid to issue his
warrant to the Clerk of the Crown to make out a new writ for
olection of a member of the House in the room of any member
who has since such adjournment or prorogation accepted any
office whereby he has, either by the express provision of any
Act of Parliament, or by any provious determination of the
House of Commons, vacated his seat in the House of Commons,
so soon as he shall have been gazetted thereto in any of the
Queen's Gazettes, and a notice thereof, together with a copy of
the Gazette, shall have been sent to the Speaker by a certificate
under the hands of two members of the House of Commons
according to the form in the schedule to this Act annexed or to
the like effect.
ACCEPTING OFFICE DURING TECESS. 375
2. Provided always, That any member of the House of Com- 21 & 22 Vict.
mons accepting any such office as aforesaid shall forthwith c. 110.
notify his acceptance thereof, to the Speaker either by writing N. .
under the hand of such member or by his counter-signing the speaker of
said certificate relating to such acceptance, and the Speaker shall acceptance.
not issue his warrant in pursuance of this Act without having -
received such notification and until fourteen days after he shall
have caused notice of his having received such certificate and
notification to be inserted in the London Gazette.
3. Provided always, That in any case in which it shall appear Reserving
to the Speaker to be doubtful whether the acceptance of any question for
office, which has been certified to him as aforesaid, has the effect "“”
of vacating the seat of the person so appointed, it shall he lawful
for the said Speaker, instead of issuing his warrant in pursuance of
this Act, to reserve such question for the decision of the House.
4. Provided always, That this Act shall not in any way apply saving for
to the acceptance of any of the following offices; that is to say, Stewardship of
the office of steward or bailiff or her Majesty's three Chiltern Chilter. Hun-
Hundreds of Stoke, Desborough, and Bonenham, or of the manor * &c.
of East Hendred, or of the manor of Northstead, or of the manor
of Hempholme, or of escheator of Munster.
These are the offices conferred for the purpose of enabling a member to
resign his seat.
5. All the other provisions of the said recited Act shall be
applicable to the cases provided for in this Act.
The recited Act is 24 Geo. 3, c. 26 (p. 391), which authorizes the Speaker
to issue his warrant to the Clerk of the Crown upon the death of or elevation
to the peerage of a member of the House of Commons.
6. This Act may be cited as the “Election of Members during
Recess Act, 1858.”
SCHIEDULE.
We, whose names are underwritten, being two members of the House of
Commons, do hereby certify that M.P., late a member of the said House,
Serving as one of the knights of the shire for the county of (or as
the case may be), has accepted the office of Member of the Council for
India (or as the case may be), and has been gazetted thereto in the
Gazette, dated the day of , and has thereby vacated his seat;
and we give you this notice to the intent that you may issue your warrant
to the Clerk of the Crown to make out a new writ for the election of a
knight to serve in Parliament for the said county of (or as the case
may be), in the room of the said M.P.
Given under our hands this day of
A.B.
To the Speaker of the House of Commons, O D
25 & 26 Vict. c. 99, s. 4.
No person who has been or may hereafter be appointed a judge
of any county court by virtue of the said Act, 9 & 10 Wict. c. 95, * * * *
shall during his continuance in the office of judge be capable of County court
boing elected or of sitting as a member of the House of Commons. judges,
25 & 26 Wict.
c. 99, s. 4.
376
I’ART IV.-DISQUALIFICATION OF CANT)IDATES.
26 & 27 Vict,
c. 65, s. 5.
English
Volunteer
officer.
27 & 28 Vict,
c. 34.
Fifth Under
Secretary of
State dis-
qualified.
Return in
excess of the
law.
26 & 27 Vict. c. 65, s. 5.
The acceptance of a commission in the Volunteer Force by a
member of the Commons House of Parliament shall not render
his seat vacant.
See also for the Irish volunteers, 44 Geo. 3, c. 54, s. 58 (ante, p. 364).
27 & 28 Vict. c. 34.
“Whereas by the Act of the session of the twenty-first and
twenty-second years of the reign of her present Majesty, chap-
ter one hundred and six, it is provided that after the commence-
ment of that Act any four of her Majesty's Principal Secretaries
of State for the time being, and any four of the Under Secretaries
for the time being to her Majesty's Principal Secretaries of
State, may sit and vote as members of the House of Commons,
but no more than four such Principal Secretaries and not more
than four such Under Secretaries shall sit as members of the
House of Commons at the same time : And whereas it is ex-
pedient to explain and amend the said Act : And whereas
similar provisions are or may be contained in other Acts now
in force or to be hereafter passed with respect to persons holding
other offices, and it is expedient that the same rules shall be
established for all such cases: ” BE IT ENACTED :
1. If at any time when four of the Under Secretaries for the
time being to her Majesty’s Principal Secretaries of State are
members of the Iſouse of Commons, any other person, being a
member of that house, accepts the office of Under Secretary of
State to any of the said Principal Secretaries, the election of
such person shall be and the same is hereby declared to be void,
and a writ shall be issued for a new election.
A member whose election is so declared to be void (and also
any person who, not being a member, holds the office of Prin-
cipal Secretary of State or Under Secretary to one of her
Majesty's Principal Secretaries of State) shall be incapable of
being elected or sitting as a member of the House of Commons
during such time as he holds such office, and four other Principal
Secretaries or Under Secretaries respectively, as the case may be,
are members of the House of Commons, but not for any further
or longer period. - *
For the limit on Socretaries of State, seo 21 & 22 Vict. c. 106. s. 4 (ante,
). 374). By 27 & 28 Vict. c. 21, an indemnity is given in regard to a fifth
nder Secretary having inadvertently Sat.
2. If at any general election there are returned as members
to serve in Parliament a greater number of persons holding the
office of Principal Secretary of State or the office of Under Secre-
tary of State than are permitted by Act of Parliament to sit and
vote in the IIouse of Commons, the election of such persons
SECRETARIES AND UNDER SECRETARIES OF STATE–PoSTMASTER GENERAL.
377
shall not be invalidated by reason of such excess; but no one of
such persons shall be capable of sitting or voting in the House
of Commons until the number of persons returned as members
and holding the same office as himself is reduced by death, re-
sigmation, or otherwise to the number permitted by law to sit in
the House of Commons.
If any person sits or votes in the House of Commons in con-
travention of this section he shall be liable to a penalty not
exceeding five hundred pounds for each day during which he so
sits or votes.
The limit on Secretaries of State is four. The use of the word “resigna-
tion" is to be remarked. The process must be by accepting the Stewardship
of the Chiltern Hundreds (p. 350).
3. In all cases in which by any Act now in force, or to be
hereafter passed, any limit is or shall be imposed upon the
number of persons holding any other office who may at the
same time sit or vote as members of the House of Commons,
the rules established by this Act with reference to persons
holding the office of Under Secretary of State shall be applied
in the same manner as if such other office had been expressly
mentioned in this Act, unless special provision shall be made to
the contrary.
For the general limit of the number of Commissioners, see 6 Anne, c. 7,
s. 26 (p. 351). I'or the limit on Lords of the Admiralty, see 2 & 3 Will. 4,
c. 40, s. 1 (p. 371). As to Commissioners of the Treasury, see 56 Geo. 3, c. 98,
S. 16 (p. 366).
29 & 30 Vict. c. 39, s. 3.
The said Comptroller and Auditor General, and Assistant
Comptroller and Auditor, shall not be capable while holding
their offices of being elected or of sitting as members of the House
of Commons.
29 & 30 Vict. c. 55, s. 1.
The office of Postmaster General shall not, after the passing of
this Act, be deemed to be a new office or place of profit within
the meaning of the said Act of the sixth year of the reign of
Queen Anne, or such an office as disqualifies the holder thereof
from being elected or sitting or voting as a member of the
House of Commons, subject to the proviso that if a member of
the House of Commons accept the said office he shall thereby,
though eligible for re-election, vacate his seat, and a new writ
shall issue for an election as if he were dead.
In other words the office is taken out of s. 24 of 6 Anne, c. 7 (p. 349), but
left Within s. 25.
27 & 28 Vict.
c. 34.
Application to
other offices.
29 & 30 Vict,
c. 39, s. 3
Exchequer and
audit officers.
29 & 30 Vict.
c. 55, s. 1.
Postmaster
General.
378
PART IV.-DISQUALIFICATION OF CANDIDATES.
30 & 31 Vict,
c. 44, S. 4.
Irish Vice-
Chancellor.
30 & 31 Vict.
c. 72.
Secretary of
Board of Trade.
30 & 31 Vict.
c. 114, S. 9.
Irish
Admiralty
Judge.
30 & 31 Vict,
c. 102, s. 52.
Offices of
profit accepted
in succession.
Schedule H.
30 & 31 Vict. c. 44, s. 4.
No Vice-Chancellor appointed under this Act shall during his
tenure of office be capable of sitting in the House of Commons.
See also the Irish Judicature Act, post.
30 & 31 Vict. c. 72.
The said office of Parliamentary Secretary shall not render the
person holding the same incapable of being elected or of sitting
or voting as a member of Parliament, or avoid his election if
returned, or render him liable to any penalty for sitting or
voting in Parliament.
The office referred to is the Parliamentary Secretary of the Board of Trade
taking the place of the Vice-President of the Board of Trade.
30 & 31 Vict. c. 114, s. 9.
No judge appointed under this Act shall during his con-
tinuance in such office be capable of being elected or sitting as
a member of the House of Commons.
30 & 31 Vict. c. 102, s. 52. [Representation of the
People, 1867.
Whereas it is expedient to amend the law relating to offices
of profit, the acceptance of which from the Crown vacates the
seats of members accepting the same, but does not render them
incapable of being re-elected, be it enacted that where a person
has been returned as a member to serve in Parliament since the
acceptance by him from the Crown of any office described in
Schedule H. to this Act annexed the subsequent acceptance by
him from the Crown of any other office or offices described in such
schedule in lieu thereof and in immediate succession the one to
the other shall not vacate his seat.
Immediate succession.] If an office not in the schedule has been held
between two in the schedule, the seat is vacated.
SCHEDULE (H.)
Offices of Profit referred to in this Act.
Lord High Treasurer.
Commissioner for executing the Offices of Treasurer of the Exchequer of
Great 13ritain and Lord High Treasurer of Ireland.
President of the Privy Council.
Vice-President of the Committee of Council for Education.
Comptroller of Her Majesty's Household.
Treasurer of Her Majesty’s Household.
SUCCESSIVE OFFICES OF PROFIT-CIVIL PENSIONS.
379
Vice-Chamberlain of Her Majesty's Household.
Equerry or Groom in Waiting on Her Majesty.
Amy Principal Secretary of State.
Chancellor and Under Treasurer of Her Majesty’s Exchequer.
Paymaster General.
Postmaster General.
Lord High Admiral.
Commissioner for executing the Office of Lord High Admiral.
Commissioner of Her Majesty's Works and Public Buildings.
President of the Committee of Privy Council for Trade and Plantations.
Chief Secretary for Ireland.
Commissioner for administering the Laws for the Relief of the Poor in
England.
Chancellor of the Duchy of Lancaster.
Judge Advocate General.
Attorney General for England.
Solicitor General for England.
Lord Advocate for Scotland.
Solicitor General for Scotland.
Attorney General for Ireland.
Solicitor General for Ireland.
The Irish Representation of the People Act (31 & 32 Vict. c. 48, s. 51,
Sch. H.), and the Scotch Representation of the People Act (31 & 32 Vict.
c. 49, s. 11, Sch. E), have verbatim the same section and schedules.
This section modifies the effect of 6 Anne, c. 7, s. 25 (p. 350).
By 34 & 35 Vict. c. 70, s. 4, p. 381, the President of the Local Government
Board is added to the schedules.
32 & 33 Vict. c. 15, s. 1.
Pensions, compensations, or allowances granted for civil ser-
vices, according to the provisions of the aforesaid Acts of 4th
and 5th years of King William 4, and the 22nd year of her
Majesty, or any other Act or Acts whatever, shall not disqualify
the holder from being elected or sitting or voting as a member
of the House of Commons.
But for this Act they would be disqualified under 6 Anne, c. 7, s. 24
(p. 349).
32 & 33 Vict. c. 42, s. 9.
No commissioner appointed under this Act shall during his
continuance in office be capable of being elected to or sitting as
a member of the House of Commons.
The commissioner referred to is the Irish Church Temporalities Commis-
Sioner. The Act is a general Act, and does not apply to Ireland only.
32 & 33 Vict. c. 43, s. 17.
A pension under this Act shall not disqualify the holder for
being elected or sitting or voting as a member of the House of
Commons.
This Act is the Diplomatic Salaries Act, 1869. A similar provision
Schedule H.
32 & 33 Wict.
c. 15, S. 1.
Civil Service
pensioners
qualified.
32 & 33 Vict.
c. 42, s. 9.
Irish Church
Commissioner.
32 & 33 Wict.
c. 43, s. 17.
Diplomatic
pensioners
qualified.
380
PART IV.-DISQUALIFICATION OF CANDIDATES.
32 & 33 Wict.
c. 43, s. 17.
33 & 34 Vict.
c. 10, s. 14.
Master of Mint
and Chancellor
of Exchequer.
33 & 34 Vict.
c. 17, ss. 2, 3.
Surveyor of
Ordnance
qualified.
Financial
Secretary of
War Office
qualified.
33 & 34 Vict,
c. 23, s. 2.
Convicts.
occurred in 22 & 23 Vict. c. 5, s. 1, now repealed, in regard to diplomatic
pensions under 2 & 3 Will. 4, c. 116, and is maintained as to pensions so
granted. Pensioners generally under the Crown are disqualified by 6 Anne,
c. 7, s. 24 (p. 349).
33 & 34 Vict. c. 10, s. 14.
The Chancellor of the Exchequer for the time being shall be
the Master-Worker and Warden of Her Majesty's Royal Mint in
England, and Governor of the Mint in Scotland.
Provided that nothing in this section shall render the Chan-
cellor of the Exchequer incapable of being elected to or of sitting
and voting in the House of Commons, or vacate the seat of the
person who at the passing of this Act holds the office of Chan-
cellor of the Exchequer.
33 & 34 Vict. c. 17, ss. 2, 3.
2. The Surveyor General of the Ordnance shall not by
virtue of such appointment, if sitting in the Commons House of
Parliament, vacate his seat, or whether sitting in such House or
not, be disqualified from being elected to or sitting or voting in
the said House of Parliament.
3. The Financial Secretary of the War Office shall not by
virtue of such appointment if sitting in the Commons House of
Parliament vacate his seat, or whether sitting in such House or
not, be disqualified from being elected to or sitting or voting in
the said House of Parliament.
These two officials are appointed by the Secretary at War.
33 & 34 Vict. c. 23, s. 2.
If any person hereafter convicted of treason or felony, for
which he shall he sentenced to death or penal servitude, or any
term of imprisonment with hard labour, or exceeding twelve
months shall at the time of such conviction hold any military
or naval office, or any civil office under the Crown, or other
public employment, or any ecclesiastical benefice, or any place,
office, or emolument in any university, college, or other corpora-
tion, or be entitled to any pension or superannuation allowance
payable by the public, or Out of any public fund, such office,
benefice, employment, or place, shall forth with become vacant,
and such pension or superannuation allowance or emolument
shall forthwith determine and cease to be payable unless such
person shall receive a free pardon from her Majesty within two
months after such conviction or before the filling up of such
office benefice employment or place if given at a later period;
and such person shall become, and (until he shall have suffered
the punishment to which he had been sentenced, or such other
CoNVICTs—DANKRUPTS IN IRELAND.
381
punishment as by competent authority may be substituted for
the same, or shall receive a free pardon from her Majesty),
shall continue thenceforth incapable of holding any military or
naval office, or any civil office under the Crown, or other public
employment, or any ecclesiastical benefice, or of being elected
or sitting or voting as a member of either House of Parliament,
or of exercising any right of suffrage or other parliamentary or
municipal franchise whatever within England, Wales, or Ireland.
The “such person " rendered incapable of being elected by this section is
grammatically a person who is convicted as stated and who holds an office,
&c., but strict grammar may be departed from so as to hold disqualified any
person convicted of treason or felony, and sentenced to at least twelve
months imprisonment. The Act does not apply to Scotland (S. 33). At
common law a conviction of felony simpliciter was a disqualification, but this
Act restricts that disqualification, being (see title) passed “to amend the law
relating to treason and felony,” except so far as Scotch seats are concerned,
as to which the common law holds good in virtue of s. 29 of 6 Anne, c. 7,
(p. 351). On February 10, 1870, before this Act, O'Donovan Rossa was pro-
nounced by the House disqualified as a folon, and a similar resolution was
passed in the case of Mitchell. A pardon had at common law the effect of
removing the common law disqualification, and by 9 Geo. 4, c. 32, s. 3,
fulfilling the sentence had the same effect,
Outlaws.] Outlaws by criminal process, a most uncommon case, are also
incapacitated.
34 & 35 Vict. c. 70, s. 4.
The President and one of the secretaries of the Local Govern-
ment Board shall at the same time be capable of being elected
to and of voting in the Commons House of Parliament, and the
office of President shall be deemed to be an office included in
Schedule H. of the Representation of the People Act, 1867, in
Schedule H. of the Representation of the People (Scotland) Act,
1868, and in Schedule E. of the Representation of the People
(Ireland) Act, 1868.
35 & 36 Vict. c. 44, s. 4.
Nothing in this Act shall render the Paymaster General in-
capable of being elected to or sitting or voting in the House of
Commons, or cause a member of the House of Commons upon
becoming Paymaster General to vacate his seat.
The Paymaster General was qualified by 5 & 6 Will. 4, c. 35, s. 5 (p. 371).
The duties of the Accountant General in Chancery are transferred to him by
this Act, and this section was inserted to save his qualification.
35 & 36 Vict. c. 58, s. 41.
If a person, being a member of the Commons House of
Parliament, is adjudged bankrupt he shall be and remain
during one year from the date of the order of adjudication
incapable of sitting and voting in that House, unless within that
33 & 34 Vict.
c. 23, S. 2.
34 & 35 Wict.
c. 70, s. 4.
President and
Secretary of
Local Govern-
ment Board
qualified.
35 & 36 Wict.
c. 44, S. 4.
Paymaster
General.
35 & 36 Vict,
c. 58, S. 41.
Bankrupts in
Ireland.
382
PATRT IV.--DISQUALIFICATION OF CANDIT)ATES.
35 & 36 Vict.
c. 58, S. 41.
36 & 37 Vict,
c. 77, s. 6.
Naval volun-
teer ſorce.
38 & 39 Vict.
c. 77, s. 5.
Judges of
High Court
and Court of
Appeal.
40 & 4.1 Vict.
c. 57, s. 13.
Irish judges
of IIigh and
Appeal Courts.
44 & 45 Vict.
c. 49, s. 54.
Irish Land -
Commissioners.
time either the order is annulled, or the creditors who prove
debts under the bankruptcy are fully paid or satisfied.
I’rovided that such debts (if any) as are disputed by the
bankrupt shall be considered for the purpose of this section as
paid or satisfied if within the time aforosaid he enters into a
bond, in such sum and with such sureties as the Court approves,
to pay the amount to be recovered in any proceeding for the
recovery of or concerning such debts, together with any costs
to be given in such proceedings.
T}y 8. 2 “this Act shall not, oxcept in so far as Samo is exprossly providod,
apply to lºngland or Scotland.” Sect. 41, thoroforo, applies to Irish bank-
ruptcios and disqualiſics only for Irish seats, but is given hero, as this opinion
may be questioned. As to Inglish bankruptcios, see 46 & 47 Vict. c. 52,
SH. 32, 33 (p. 385). As lo Scotch sequestrations, see 47 & 48 Vict, c. 16,
88, 5, 6 (p. 386).
36 & 37 Vict. c. 77, s. 6.
The accoptance of a commission in the naval artillery volun-
toer force by a momber of the Commons IIouse of Parliament
shall not ronder his seat vacant.
38 & 39 Vict. c. 77, s. 5. [Judicature Act, 1875.]
No judge of either of the said Courts shall be capable of being
elected to or of sitting in the IIouse of Commons.
Tho disqualification of judgos oxisted by tho common law of Parliamont
oxcept in tho case of tho Mastor of the IRolls, who is included in this Act.
The reason of tho common law disqualification has not beon satisfactorily
stated. It was not usual on creating a now Inglish judgeship to disqualify
tho holdor, although the holdors of now Irish judgeships when mado were dis-
qualificq, and both would hold offices of profit undor the Crown.
40 & 41 Vict. c. 57, s. 13. [Irish Judicature Act, 1877.]
No judge of either of the said Courts shall be capable of being
cloctod to or of sitting in the IIouse of Commons.
44 & 45 Vict. c. 49, s. 54.
No person, being a member of or holding offico under tho Land
Commission, or boing an assistant commissioner, shall during
the time that he holds his offico be capable of being olected a
member of or sitting in the Commons IIouse of Parliamont.
TECORDERs—Coſtrup'T AND ILLEGAL PRACTICEH.
383
45 & 46 Vict. c. 49, s. 38.
The acceptance of a commission as a militia officer shall not
vacate the soat of any member returned to serve in Parliament.
This Act applics to Scotland and Iroland.
45 & 46 Vict. c. 50, s. 163 (6).
Act, 1882.
The recorder of a borough shall not, during his office, be
eligible to serve in Parliament for the borough, but he shall be
eligible to serve in Parliament except for the borough.
Iły 3 & 4 Wict. c. 108, s. 166, recorders of Irish boroughs are disqualified for
their boroughs.
Municipal Corporation
46 & 47 Vict. c. 51, ss. 4, 5, 11, 38, 46. Corrupt and
Illegal Practices Act, 1883.
4. Where upon the trial of an election petition in respect of
an election for a county or borough, the Election Court by the
report made to the Speaker in pursuance of s. 11 of the Parlia-
mentary Election Act, 1868, reports that any corrupt practice
other than treating and undue influence has been proved to
have boon committed in reforence to such election by or with
the knowledge and consent of any candidate at such election, or
that the offence of treating or undue influence has been proved
to have been committed in reference to such election by any
candidate at such olection, that candidate shall not be capable
of ever being elected to or sitting in the House of Commons for
the said county or borough, and if he has been elected his
olection shall be void, and he shall further be subject to the
same incapacities as if at the date of the said report he had
been convicted on an indictment of a corrupt practice.
“Corrupt practices” means treating, undue influence, bribory, and
personation, and aiding and procuring personation (S. 3 of 46 & 47 Vict.
c. 51, p. 467). For the incapacity on conviction, sco s. 6. For this Act in
full, see p. 465.
5. If the report upon the trial of an election petition is that
any candidate at such election has been guilty by his agents of
any corrupt practice in reference to such election, that candidate
shall not be capable of being elected to or of sitting in the
IIouse of Commons for such county or borough for seven years
after the date of the report, and if he has been elected his
election shall be void.
6. (4.) Any person so [i.e., on indictment] convicted of a cor-
rupt practice in reference to any election shall be incapable of
45 & 46 Vict.
c. 49, s. 38.
Militia officers
qualified.
45 & 46 Wict.
c. 50,
s. 163 (6).
Recorders.
46 & 47 Vict.
c. 51, SS. 4, 5,
11, 38, 46.
Candidate
personally
guilty of
corruption.
Total disquali-
fication for
constituency.
Candidate
guilty of
corruption
through agent.
Seven years'
disqualifica-
tion for
constituency.
Seven years’
disqualifica-
tion for
corruption.
384
PAIRT IV.-DISQUALIFICATION OF CANDIIDATES.
46 & 47 Vict.
c. 51, ss. 4, 5,
11, 38, 46.
Jamdidate
personally
guilty of illegal
practice.
Guilty through
agent.
Illegal
practices by
report of
commissioners.
Removal of
incapacity.
being olected to and of sitting in the IHouse of Commons during
the soven years next after the date of his conviction, and if at
that date he has been elected to the TTouse of Commons his
election shall be vacated from the time of such conviction.
11. (a.) If the report of the Election Court to the Speaker is
that any illegal practice has boon proved to have been com-
mitted in reference to such election by or with tho knowledge
and consent of any candidate at such election, that candidate
shall not be capable of being elected to or of sitting in the
IHouse of Commons for the said county or borough for seven
years after the date of the report, and if he has been elected
his election shall be void, and he shall further be subject to the
same incapacities as if at the date of the report he had been
convicted of such illegal practice.
(b.) If the report is that a candidate at such election has
boon guilty by his agents of any illegal practice in reference to
such election, that candidate shall not be capable of being
elected to or sitting in the TIouse of Commons for the said
county or borough during the Parliament for which the election
was held, and if he has been elected his election shall be void.
38. (5.) Fvory person who after the commencoment of this
Act is reported by any lºlection Court or Election Commis-
sioners to have been guilty of any corrupt or illegal practice at
an election, shall, whether he obtained a certificate of indem-
nity or not, be subject to the same incapacity as he would be
subject to if he had at the date of such election been convicted
of the offence of which he is reported to have been guilty.
I3y HH. 4, 5, 11 (a.), the disqualification in regard to candidates is to date
from the report of the IOlection Court. Under this section it is to date from
the election. This section is a general 80ction including electors, and the
special sections in regard to candidates will provail, so that while the dis-
qualification upon the report of an I'lection Court datos from the report, it
dates from the election in the case of a commissioners’ report.
13y s. 6 (4.) conviction for a corrupt practice involves incapacity for election
for soven years. Candidates are not disqualified by conviction for an illegal
practice.
46. Where a person has either before or after the commence-
ment of this Act become subject to any incapacity under the
Corrupt Practices Prevention Acts or this Act, by reason of a
conviction or a roport of any Election Court or Election Com-
missioners, and any witness who gave evidence against such
incapacitated person is convicted of perjury in respect of that
evidence, the incapacitated person may apply to the High Court,
and the Court if satisfied that such conviction or report, so far
as respects such person was based upon perjury, may order that
such incapacity shall thenceforth cease, and the same shall
cease accordingly.
I3ANKRUPTS IN ENGLAND.
385
46 & 47 Vict. c. 52, ss. 32, 33. Bankruptcy Act, 1883.
32. (1.) Where a debtor is adjudged bankrupt he shall be
disqualified for being elected to or sitting or voting in the House
of Commons, or on any committee thereof. (2.) The disqualifi-
cations to which a bankrupt is subject under this Act shall be
removed and cease if and when (a) the adjudication of bank-
ruptcy against him is annulled; (b) he obtains from the Court
his discharge with a certificate to the effect that his bankruptcy
was caused by misfortune without any misconduct on his part.
The Court may grant or withhold such certificate as it thinks
fit, but any refusal of such certificate shall be subject to appeal.
(3.) The disqualifications imposed by this section shall extend
to all parts of the United Kingdom.
33. If a member of the House of Commons is adjudged bank-
rupt, and the disqualifications arising therefrom under this Act
are not removed within six months from the date of the order,
the Court shall, immediately after the expiration of that time,
certify the same to the Speaker of the House of Commons, and
thereupon the seat of the member shall be vacant.
(2.) Where the seat of a member so becomes vacant, the
Speaker, during a recess of the House, whether by prorogation or
by adjournment, shall forthwith, after receiving the certificate,
cause notice thereof to be published in the London Gazette ; and
after the expiration of six days after the publication, shall
º the House has met before that day or will meet on the
lay of the issue) issue his warrant to the Clerk of the Crown to
make out a new writ for electing another member in the room
of the member whose seat has so become vacant.
(3.) The powers of the Act of the twenty-fourth year of the
reign of King George the Third, chapter twenty-six, “to repeal
so much of those Acts made in the tenth and fifteenth years of
the reign of his present Majesty as authorizes the Speaker of the
House of Commons to issue his warrant to the Clerk of the
Crown for making out writs for the election of members to serve
in Parliament in the manner therein mentioned and for sub-
stituting other provisions for the like purposes,” “so far as those
powers enable the Speaker to nominate and appoint other per-
Sons, being members of the House of Commons, to issue warrants
for the making out of new writs during the vacancy of the
office of Speaker, or during his absence out of the realm, shall
extend to enable him to make the like nomination and appoint-
ment for issuing warrants under the like circumstances and con-
ditions for the election of a member in the room of any member
whose seat becomes vacant under this Act.
The provisions of the Bankruptcy Act, 1869 (32 & 33 Vict. c. 71, ss, 121-
124), as to the loss of seats by members of the House of Commons are spent.
The effect of these sections is, first, that a bankrupt cannot be elected
unless his bankruptcy is annulled, or he obtain his discharge with a certi-
46 & 47 Vict.'
c. 52, S3, 32,
33.
Bankrupts.
Vacation of
seat.
Recess.
Vacancy of
Speakership.
* p. 392.
2 C.
386
PART IV.-DISQUALITICATION OF CANDII)ATIS.
46 & 47 Vict,
c. 52, ss. 32,
33.
46 & 47 Vict.
c. 52,
s. 116 (1).
*-** * *
Bankruptcy
registrars.
47 & 48 Vict.
c. 16, ss. 5, 6.
Inglish
bankruptcy
disqualifica-
tions applied
to Scotland.
ſicate that his bankruptcy was caused by misfortumo; secondly, that if a
member, he must cease to Hit; thirdly, if a member and his bankruptcy is not
annulled or his dischargo with cortificato obtained within six months from
tho adjudication, his seat bocomes vacant. Tho disqualiſications of this
section only apply to a bankruptcy under this Act. Tho statuto 52 Goo. 3,
c. 144, in regard to commissions of bankruptcy, although unrepooled, is
spont. The Bankruptcy Act, 1869, ss. 120–124, affectod the soat only, and is
now repealed. For Irish bankruptcies, see the Irish Bankruptcy Amendmont
Act, 35 & 36 Vict. c. 58 (p. 381). For Scotch sequestrations, see p. 386. Subs.
(3) of s. 32 is inserted in view of s. 2, which providos that “this Act shall
not, oxcept so far as is exprossly provided, extend to Scotland and Ireland.”
Consequently, bankruptcy in Dngland is a disqualification for Irish and
Scotch Hoats,
46 & 47 Vict. c. 52, s. 116 (1).
No registrar or other officor attached to any Court having
jurisdiction in bankruptcy, shall, during his continuance in
office, be capable of being elected or sitting as a member of the
House of Commons.
47 & 48 Vict. c. 16, ss. 5, 6.
5. In the application of s. 32 of tho Bankruptcy Act, 1883,
to Scotland, the following provisions shall have effect :
(1.) The expression “adjudged bankrupt” shall include the
case of a person whose estate has beom sequestrated or
with respect to whom a decree of cessio bonorum has
been pronounced by a competent Court in Scotland.
(2.) [As to Scotch offices.]
(3.) The disqualifications to which a person adjudged bank-
rupt is subject under the said section as amended by
this Act shall be removed and cease if and when
(a.) The sequestration of his estate is recalled or
reduced or the decree of cessio bonorum with
respect to him is recalled or reduced.
(b.) nº. obtains his discharge from a competent
ourt.
6. Sects. 33 and 34 of the Bankruptcy Act, 1883, shall apply
to Scotland, subject to the following provisions:
(1.) In each of the said sections the expression “adjudged
bankrupt " shall have the meaning assigned to it in
the immediately preceding section of this Act.
(2.) In the said s. 33 the expression “order ’’ shall include
“ deliverance or decree,” and the expression “Court”
shall include the Court in Scotland pronouncing the
deliverance or decree.
Scotch Hoquestrullons and cessiones bonorum are thus made a disqualification
for English, Scotch, and Irish seats, the Act being general.
l'on Coſtitup'T PRACTICES AT MUNIUIPAL ELECTION8.
387
47 & 48 Vict. c. 70, s. 2, subs. 2. Corrupt Practices
at Municipal Elections Act, 1884.
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 like punishment and subject to
the like incapacities as if the corrupt practice had been
committed in reference to a parliamentary election.
By the Corrupt Practices Parliamentary Elections Act, 1883, s. 6 (4)
(p. 385), a person convicted of a corrupt practice at a parliamentary elec-
tion is disqualified from sitting for Beven years.
48 & 49 Vict. c. 61, s. 3. The Secretary for Scotland
Act, 1885.
3. The Secretary, if not a member of the House of Lords,
shall if otherwise qualified, be capable of being elected to and
of voting in the Commons House of Parliament, and the office
of Secretary shall be deemed to be an office included in Schedule
(TI.) of the Representation of the People Act, 1867, * in Schedule
(H,) of the Representation of the People (Scotland) Act, 1868,
and in Schedule (E.) of the Representation of the People (Ireland)
Act, 1868, and in Part First of the Schedule of the Promissory
Oaths Act, 1868, as regards England.
By 8, 2 a salary of £2000 a year is annexed to the office, which but for
the section extracted would be a new office of profit under the Crown (6 Anne,
c. 7, 8, 24, p. 349). It is to be observed that the Secretary for Scotland is
not a Secretary of State, as to which office, see p. 377.
47 & 48 Vict,
c. 70, s. 2,
subs. 2.
Corrupt
practices at
municipal
elections.
48 & 49 Wict.
c. 61, s. 3.
Secretary for
Scotland quali-
fied.
* p. 378.
2 C. 2
388 PAIRT V.—TIII) ELECTION.
PART W.
THE EIECTION.
PAC, R,
IEdw. 1, c. 5 . . Troodom of election. t º e 4. . 888
& 8 Will. 3, c. 7 . Double IRoturns . tº • . . te . 889
& 8 Will. 3, c. 25 . Tºxocution of writ for olcotion . º e . 390
Geo. 1, st. 2, c. 38. Tho Septennial Act * - º º . 391
24 Geo. 3, c. 26. . Iºloction during rocoss º w º . 391
33 Goo. 3, c. 64'. . Noticos of eloction at Universitios . ë . 394.
53 Goo. 3, c. 89 . . 1)elivory of writ for olection iº º . 394
2 Will. 4, c. 45 . . Iteſorm Act, 1832—Itoturning officers for boroughs
—I’olling booths—Closo of poll for riot, &c. , 397
5 & 6 Will. 4, c. 36. Timo of commoncing poll º e e . 402
6 Vict. c. 18, SS. 79– Parliamentary Iłogistration Act, 1843—Persona-
e tion—Constables . s e º º . 403
3
7
7
I
97 . . . .
10 & 11 Vict. c. 21 . Soldiors to romain in barracks . tº e . 409
15 & 16 Vict. c. 23. Mooting of I’arliament . º * º . 4.1()
16 Vict. c. 15 . . One day’s polling in counties . te e , 4.1()
16 & 17 Vict, c. 68. I’oll at University elections . º e . 411
17 & 18 Vict. c. 57. Shoriſt roturning oſſicor in boroughs on default . 412
17 & 18 Vict, c. 104 Corrupt Practices Provontion Act, 1854 . . 413
21 & 22 Viot. c. 110 Election in receSS . t e º w . 418
24 & 25 Vict, c. 53. I’oll by voting papers at University cloctions . 419
26 Vict. c. 20 . . Tºlection in recoSs . * º º ſº . 422
26 & 27 Vict, c. 29, General allegation in indictment for bribery . 423
S. 6
30 & 31 Vict. c. 102, Reprosontation of the Poople Act, 1867—Polling
s8, 9–11, 33, 34, 37, districts—Roturning oſllcors . * ſe , 423
41–45, 47, 49–51,
53, 57, 58, 61
31 & 32 Vict. c. 58 . Local authority e tº º e * . 428
31 & 32 Vict, c. 65. Declaration by votor at Univorsity elections . 429
35 & 36 Vict. c. 33 Ballot Act, 1872—Nomination—I’oll by ballot.—
Conclusivenoss of rogistor . º te . 439
38 & 39 Vict. c. 84. Iºloction Expenses Act, 1875 . º º . 456
45 & 46 Vict, c. 50, Municipal Corporations Act, 1882—Returning
S. 244 officer in municipal boroughs e º . 464
46 & 47 Vict. c. 51 . Corrupt and Illegal Practices Act, 1883 . . 465
48 Vict, c. 10 . . I'lection (IIours of Poll) Act, 1885 . tº . 515
48 & 49 Vict. c. 23, Redistribution of Seats Act, 1885–Returning
SS. 12, 18, 15, 16 . officor in now and dividod boroughs and in
counties—I’laco of olection . º º . 516
48 & 19 Vict, c. 56 . Leave of absonce for employé to voto without
deduction from wages . º . 519
48 & 49 Vict. c. 62 . Roturning Officers Exponsos Act, 1885 . , 520
3 ºdw. 1, c. 5. 3 Edw. 1, c. 5.
- - - ------------------
And bocause elections ought to be free the King commandeth
upon groat forfeiture, that no man by force of arms, nor by
malico or menacing, shall disturb any to make free elections.
7 & 8 WILL, 3, CAP. 7, SECS, 3–6–Doublic RETURNS.
389
7 & 8 Will. 3, c. 7, ss. 3–6.
[1. False returns declared against law and prohibited, and returns
contrary to the last determination in the House of Commong of the
right of election in a county, city, borough, cinque port, or place
adjudged to be a false return.—Obsolete.] -
[2. The person duly elected may gue the officers and persons
making or procuring the false return at Westminster, and recover
double damages and costs.--Obsolete.] ©
3. And to the end the law may not be eluded by double
returns, be it further enacted, That if any officer shall wilfully,
falsely, and maliciously return more persons than are required
to be chosen by the writ or precept on which any choice is
made, the like remedy may be had against him or them, and
the party or parties that willingly procure the same and every
or any of them by the party grieved at his election.
This section has been disregarded by the House of Commons, and in the
Helston Case, in July, 1866, it was resolved that “according to the law and
usage of Parliament it is the duty of the returning officer in England, in case
of an equal number of votes being polled, to return all the candidates.” This
rule is, however, now altered by s. 2 of the Ballot Act, 1872 (p. 432), which
gives the returning officer when an elector a casting vote. When there is an
equality of votes, and the returning officer is not an elector, and in other cases
of double olection, the returning officer must choose betweon the penalties of
this section forbidding a double return, and the roSolution of the House of
Commons requiring it. Theoretically the Act of Parliament must prevail;
practically the resolution is followed, especially as by S. 40 of the Election
Petitions Act, 1868 (p. 534), a double return seems contemplated.
4. And be it further enacted, That all contracts, promises,
bonds, and securities whatsoever hereafter made or given to
procure any return of any member to serve in Parliament, or
anything relating thorounto, be adjudged void, and that who-
ever makes or gives such security, contract, promise, or bond,
or any gift or reward to procure such false or double return,
shall forfeit the sum of three hundred pounds, one-third part
thereof to be to his Majesty, his hoirs and successors, another
third part thoroof to the poor of the county, city, borough, or
place concerned, and one-third part thereof to the informer,
with his costs to be recovered in any of his Majesty's courts
of record at Westminster by action of debt, bill, plaint, or
information, wherein no eSSoigne, protection, or wager of law
shall be allowed nor any more than one imparlance.
5. And for the more easy and better proof of any such false
or double return, be it enacted, That the Clerk of the Crown for
the time being shall from time to time enter or cause to be
ontered in a book for that purpose, to be kept in his office, every
single and double return of any member or members to serve
in Parliament which shall be returned or come into his office
or to his hands, and also every alteration and amendment as
shall be made by him or his deputy in every such return, to
7 & 8 Will. 3,
c. 7, 8s. 3–6.
*-*
Double returns
forbidden.
Penalty for
procuring false
or double
1'eturn.
Book of
returns kept
by Clerk of
Crown.
390
PART W.—THE ELECTION,
7 & 8 Will. 3,
c. 7, ss. 5, 6.
False or Double
Iłetwrn.
Penalty on
Clerk of
Crown.
Limitation of
time.
7 & 8 Will. 3,
c. 25, ss. 1, 2.
Time between
Teste and
return of writ.
Writ delivered
to proper
officer, and
date of receipt
indorsed.
which book all persons shall have free access at all seasonable
times to search and take true copies of so much thereof as shall
be desired, paying a reasonable fee or reward for the same, and
that the party or parties prosecuting such suit shall and may
at any trial give in evidence such book so kept or a true copy
thereof relating to such false or double return, and shall have
the like advantage of such proof as he or they should or might
have had by producing the record itself, any law, custom, or usage
to the contrary notwithstanding. And in case the said Clerk of
the Crown shall not within six days after any return shall come
into his office or to his hands duly and fairly, make such entry
or entries as aforesaid, or shall make any alteration in any
return unless by order of the House of Commons, or give any
certificate of any person not returned, or shall wilfully neglect
or omit to perform his duty in the premises, he shall for every
such offence forfeit to the party and parties aggrieved the sum
of five hundred pounds, to be recovered as aforesaid, and shall
also forfeit and lose his said office and be for ever incapable of
having or holding the same.
6. Provided always, That every information or action
grounded upon this statute shall be brought within the space
of two years after the cause of action shall arise, and not
after.
7 & 8 Will. 3, c. 25, ss. 1, 2.
1. When any new Parliament shall at any time hereafter be
summoned or called, there shall be forty days between the teste
and returns of the writs of summons; and that the Lord Chan-
cellor, Lord Keeper, or Lords Commissioners of the Great Seal
for the time being, shall issue out the writs for election of
members to serve in the same T’arliament, with as much ex-
pedition as the same may be done ; and that as well upon the
calling or summoning any new Parliament, as also in case of
any vacancy during this present or any future T’arliament, the
several writs shall be delivered to the proper officer to whom
the execution thereof doth belong or appertain, and to no other
person whatsoever ; and that every such officer, upon the re-
ceipt of the same writ, shall upon the back thereof indorse
the day he received the same.
By 15 & 16 Vict. c. 23 (p. 410), the time between the Queen’s proclamation
and the meeting of l’arliament may be any time not less than thirty-five
days. This enactment necessarily reduces the period of 40 days betwoen the
teste and the return, but there is no period laid down in which the sheriff is
to roturn the writ. The form in the Ballot Act (p. 449) lays down no time for
the return, but it provides for the indorsement required by this Act. The
latter part of this section provided for the sheriff issuing precepts to the
boroughs within his county, but this procedure was abrogated in 1855 by
16 & 17 Vict. c. 68, s, 1 (p. 411), and the writs directed to be sont to the
borough returning officers direct.
DURATION OF PARLIAMENTS-ELECTIONS IN RECESS.
391
2. Neither the sheriff or his under sheriff, in any county or
city, nor the mayor, bailiff, constable, port reeve, or other officer
or officers, of any borough, town corporate, port or place, to
whom the execution of any writ or precept for electing members
to serve in Parliament doth belong or appertain, shall give,
pay, receive, or take any fee, reward, or gratuity whatsoever,
for the making out, receipt, delivery, return, or execution of
any such writ or precept.
By s. 5 sheriffs and others for every wilful offence against the Act forfeit
£500, to be recovered by action.
For s. 6 of this Act, see p. 4; for s. 7, see pp. 5 and 347.
8. All county courts held for the county of York or any
other county courts which heretofore used to be beld on a
Monday shall be called and begun on a Wednesday and not
otherwise, any custom or usage to the contrary notwithstanding.
This section is apparently obsolete.
1 Geo. 1, St. 2, c. 38. [The Septennial Act.]
This present Parliament, and all Parliaments that shall at
any time hereafter be called, assembled or held, shall and may
respectively have continuance for seven years, and no longer,
to be accounted from the day on which by the writ of summons
this present Parliament hath been, or any future Parliament
shall be appointed to meet, unless this present, or any such
Parliament hereafter to be summoned, shall be sooner dissolved
by his Majesty, his heirs or successors.
24 Geo. 3, c. 26.
[1. Repeal of 10 Geo. 3, c. 41, and 15 Geo. 3, c. 36.]
2. And be it enacted, That, from and after the passing of
this Act, it shall and may be lawful for the Speaker of the
House of Commons for the time being, during any recess of the
said House, whether by prorogation or adjournment, and he is
hereby required to issue his warrant to the Clerk of the Crown,
to make out a new writ for electing a member of the House of
Commons in the room of any member of the said House who
shall happen to die, or who shall become a peer of Great Britain,
either during the said recess, or previous thereto, as soon as he
shall receive notice, by a certificate, under the hands of two
members of the House of Commons, of the death of such mem-
ber, in the first case; and in the second case, that a writ of
summons hath been issued, under the Great Seal of Great Britain,
to summon such peer to Parliament; which certificate may be
in the form, or to the effect, comprised in the schedule hereunto
annexed.
7 & 8 Will. 3,
c. 25, s. 2.
Sheriff, &c.,
not to give or
take any fee.
1 Geo. 1, st. 2,
c. 38.
Continuance of
Parliaments
for seven years.
24 Geo. 3, c. 26.
Electing
during recess
in the room of
members
dying or
becoming
peers.
Z68
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24 GEO. 3, CAP. 26—ELECTION IN TECESS,
393
being, for issuing such warrants as aforesaid, by virtue of this
Act, subject nevertheless to such regulations and exceptions as
are horein also contained ; which instrument of appointment
and authority shall, notwithstanding the death of the Speaker
of the Iſouse of Commons making and executing the same, or
the vacating his seat in Parliament, continue and remain in
full force until the dissolution of the Parliament in which it
shall be made.
6. Provided always, and be it enacted, That whenever and as
often as the said number of persons, so to be appointed as afore-
said, shall, by death, or by their seats in Parliament being
vacated, happen to be reduced to less than three, it shall and
may be lawful for the Speaker of the House of Commons for
the time being to make a new appointment in the manner here-
in before directed.
7. Provided also, That every such appointment shall be
entered in the journals of the Iſouse of Commons, and be also
published once in the London Gazette ; and the instrument of
such appointment shall be preserved by the Clerk of the House
of Commons, and a duplicate thereof shall be filed in the office
of the Clerk of the Crown in Chancery.
8. Provided also, That nothing in this Act contained shall
extend, or be construed to extend, to give any power or au-
thority whatsoever to any person so to be nominated and
appointed as aforesaid, except in the case of there being no
Speaker of the House of Commons, or of his being absent out
of the realm, nor for any longer time than such person, so to
be appointed as aforesaid, shall continue a member of the House
of Commons; anything herein contained to the contrary not-
withstanding.
9. And be it enacted, That tho publisher of the Gazette for
the time being, whom any such notice as aforesaid of the issuing
of any such warrant shall be brought to him, signed by any
person so appointed as aforesaid, shall give a receipt for the
same, specifying the day and hour when the same was received;
and in case more than ono such notice shall be brought to him,
relative to the samo election, such publisher shall insert in the
Gazette only the notice first received.
SCHIEDULE.
WI, whose names are underwritten, being two members of the House of
Commons, do hereby certify, that M.P., late a member of the said IIouse,
Serving as ono of the knights of the shire for the county of
[or as the case may be] died upon the day of
[or is become a peer of Great Britain, and that a writ of summons hath
been issued, under the Great Seal of Great Britain, to summon him to
Parliament], [as the case may be]; and we give you this notice, to the
intent that you may issue your warrant to the Clerk of the Crown, to
24 Geo. 3, c. 26.
Numbers of
such members
to be kept up
to three.
Appointments
to be entered,
published, and
filed.
Members to
act only on
want of
Speaker or
absence out of
realm.
I’ublisher of
the Gazette to
give receipts
for notices.
[See s. 2,
p. 391.]
Form of noticc
to Speaker of
vacancy.
394
PART W.—THE ELECTION.
24 Geo. 3, c. 26.
Election in
Ičecess.
33 Geo. 3, c. 64.
Place and
time of notice
of election at
Universities.
53 Geo. 3, c.89.
Delivery of
writs to
sheriffs of
London and
Middlesex.
All other
writs to the
Postmaster-
General, who
shall forward
the same.
make out a new writ for the election of a knight to serve in Parliament
for the said county of [or as the case may be] in the room of
the said M.P. Given under our hands, this day of
To the Speaker of
the House of Commons.
Note.—That in case there shall be no Speaker of the House of Com-
mons, or of his absence out of the realm, such certificate may be
addressed to any one of the persons appointed according to the directions
of this Act.
33 Geo. 3, c. 64.
All notices to be given of the time and place of any election
for members to serve in Parliament shall be publicly given at
the usual place or places within the hours of eight of the clock
in the forenoon and four of the clock in the afternoon from the
25th day of October to the 25th day of March inclusive, and
within the hours of eight of the clock in the forenoon and six
of the clock in the afternoon from the 25th day of March to
the 25th day of October inclusive, and not otherwise, and no
notice to be given of the time and place of the election of
members to serve in Parliament shall be deemed or taken to be
a good or valid notice for any purposes or to any effect what-
soever which shall not be made and published in the manner
and at the time of day aforesaid : any law, statute, usage, or
custom to the contrary notwithstanding.
This section, which was formerly of general application, now applies to
the Universities only (see Ballot Act, 1872, 4th Schedule, p. 454).
53 Geo. 3, c. 89.
1. For the more expeditious and regular conveyance of writs
for the election of members to serve in Parliament, be it
enacted by the King's most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled and by the au-
thority of the same, That when any new Parliament shall at any
time hereafter be summoned or called, as also in all cases of
vacancy during this present or any future Parliament, the
messenger or pursuivant of the Great Seal, or his deputy, shall,
after the receipt thereof, forthwith carry such of the said writs
as shall be directed to the sheriffs of London, or sheriff of
Middlesex, to the respective offices of such sheriffs or sheriff;
and all such other writs to the General Post Office in London,
and there deliver the same to the postmaster or postmasters-
general for the time being, or to such other person or persons
as the said postmaster or postmaster-general shall depute to
receive the same (and which deputation they are hereby re-
53 GEO. 3, CAP. 89—DELIVERY OF WRITs.
395
spectfully required to make), who on receipt thereof shall give
an acknowledgment in writing of such receipt to the said
messenger or his deputy, from whom the same shall be received,
expressing therein the time of such delivery, and shall keep a
duplicate of such, acknowledgment, signed by the parties re-
spectively to whom and by whom the same shall be so delivered ;
and the said postmaster or postmasters-general, or such their
deputy or deputies, shall dispatch all such writs, free from the
charges of postage (which they are hereby authorized to do)
by the first post or mail after the receipt thereof, under covers,
respectively directed to the proper officer or officers to whom
the said writs shall be respectively directed, and to no other
person whomsoever, accompanied with proper directions to the
postmaster, or deputy postmaster of the town or place, or
nearest to the town or place where such officer or officers shall
hold his or their office, requiring such postmaster or deputy
postmaster forthwith to carry such writs respectively to such
office, and to deliver the same there to such officer or officers to
whom the same shall be respectively directed, or to his or their
deputy or deputies, who are hereby respectively required to
give to such postmaster or deputy postmaster a memorandum
in writing, under his or their hand or hands, acknowledging
the receipt of every such writ, and setting forth the day and
hour the same was delivered by such postmaster or deputy
postmaster, which memorandum shall also be signed by such
postmaster or deputy postmaster, who are hereby required to
transmit the same by the first or second post afterwards, to the
said postmaster or postmasters-general, or their respective
deputies at the said General Post Office in London, who are
hereby required to make an entry thereof in a proper book for
that purpose, and to file and keep such memorandum along
with the duplicate of the said acknowledgment, signed by the
said messenger as aforesaid, to the intent that the same may be
inspected or produced upon all proper occasions, by any person
interested in such elections.
By the Great Seal Act, 1874 (37 & 88 Vict. c. 81), the duties of the
Messenger of the Great Seal under this Act are transferred to a person to
be nominated by the Lord Chancellor from time to time with the approval of
the Treasury.
2. And that the said postmasters-general may be duly in-
formed where such officers to whom such writs shall be
respectively directed, hold their respective offices for the pur-
poses aforesaid; be it further enacted by the authority
aforesaid, That the Chancellor of the County Palatine of Lan-
caster, the Lord Bishop of Durham, or his temporal Chancellor
of the County Palatine of Durham, the Chamberlain of the
County Palatine of Chester, the Warden of the Cinque Ports,
the sheriffs and stewards of the several cities, counties, and
stewartries, and all other persons to whom such writs for the
election of members to serve in Parliament ought to be and are
53 Geo. 3, c. 89.
Receipt to
Postmaster.
Receipt filed
at General
Post Office.
Sheriffs, &c.,
to give notice
to the Post-
master-
General of the
place where
they shall
hold their
offices.
396
PAl?'I' W,--THIE ISLECTION.
53 Geo. 3, c. 80.
Dolivory of
Wrils.
List of oſlices
at General
Post Office.
Delivery at
offices in
London,
Westminster,
Southwark,
and five miles
therefrom.
Payment to
messenger for
life, in lieu of
certain fees.
All persons
wilfully
neglecting to
deliver writ
guilty of a
misdemeanor,
usually directed, or their respective lieutenants or deputies,
shall, within one month after the passing of this Act, severally
send up to the said postmastors-general an account of the city,
town, or place whore they shall hold their respective offices for
the purpose aforesaid, specifying in such account such par-
tioulars as shall be necessary to ascertain the particular
situation of such respective offices, and so from time to time,
with all convenient speed, as often as the places for holding
such offices shall be changed; and also an account of such
general post town or place as shall be nearest to such offices
respectively, in case such respective offices shall not be in any
general post town or place; and the said postmasters-general
shall make or cause to be made a list of such places, and cause
the same to be hung up and kept in some public place in the
General Post office aforesaid.
Iły 30 & 31 Vict. c. 102, s. 57 (p. 427), writs to tho County Palatino of
Tancaster are to issue as to ordinary counties, and by 31 and 32 Vict. c. 58,
i. º (p. 428), that provision is applied also to the County Palatino of
ll l’Il (UI) \.
I3y 9 & 10 Vict. c. 44, writs for Cheshire aro to be diroctod to tho sheriff of
tho county, and for Chester to tho sheriff of the county of the city.
3. Provided always, and be it further enacted, That in all
cases where any such sheriff or other porson to whom such
writs ought to be directed, shall hold his office within the cities
of Tuondon or Westminster, or the borough of Southwark, or
within five miles thereof, such sheriff or officer shall send such
account as aforesaid of the place where he shall hold such office,
to the messenger of the Great Seal, instead of the said post-
master-general; and the said messengor or his deputy shall
carry all such writs to such office, in like manner as is heroin-
boforo directed in the case of the shoriffs of London and
Middlesex.
[4. Allowances to messengors of Great Soal.—Ropoaled 37 & 88 Vict. c. 21.]
5. And whereas tho messonger of the Great Seal and his
deputy have from time to time received certain other fees for
the convoyance and upon the delivery of writs for the election
of members to serve in Parliament; be it onacted, That all
such foos shall uttorly coase and determine from the passing of
this Act; and that neither the said mossenger, nor his deputy,
mor any other porson, shall receive or take any foe, reward, or
gratuity whatsoevor, for the convoyance or delivory of any such
writ; and that the Lords Commissioners of his Majesty’s
Treasury shall direct the annual sum of fivo hundred and
twenty pounds to be paid out of the consolidated fund to the
present mossenger of the Great Soal during the continuance of
his life, in compensation for all such fees.
6. And bo it further enacted, That every person concerned
in the transmitting or delivory of any such writ as aforesaid,
who shall wilfully neglect or delay to deliver or transmit any
REFORM ACT, 1832—Borough RETURNING OFFICERS.
397
such writ, or accept any fee, or do any other matter or thing in
violation of this Act, shall be guilty of a misdemeanor, and may,
upon any conviction upon any indictment or information in his
Majesty's Court of King's Bench, be fined and imprisoned at
the discretion of the Court for such misdemeanor.
2 Will. 4, c. 45. [Reform Act, 1832.]
11. And be it enacted, That the persons respectively described
$n the said Schedules (C.) and (D.) shall be the returning officers
at all elections of a member or members to 8erve in Parliament
for the boroughs in conjunction with which such persons are
respectively mentioned in the said Schedules (C.) and (*): and
that for those boroughs in the said Schedules for which no
persons are mentioned in such schedules as returning officers
the sheriff for the time being of the county in which such
boroughs are respectively situate shall, within two months after
the passing of this Act, and in every succeeding respective year
in the month of March, by writing under his hand, to be de-
livered to the clerk of the peace of the county within one week,
and to be by such clerk of the peace filed and preserved with
the records of his office, nominate and appoint for each of such
boroughs a fit person, being resident therein, to be, and such
person so nominated and appointed shall accordingly be, the
returning officer for each of such boroughs respectively until
the nomination to be made in the succeeding March ; and in
the event of the death of any such person, or of his becoming
incapable to act by reason of sickness or other sufficient impedi-
ment, the sheriff for the time being shall on notice thereof
forthwith nominate and appoint in his stead a fit person, being
80 resident as aforesaid, to be, and such person so nominated
and appointed shall accordingly be, the returning officer for
such borough for the remainder of the then current year; and
no person, having been so nominated and appointed as returning
officer for any borough, shall after the expiration of his office be
compellable at any time thereafter to serve again in the said
office for the same borough : Provided always, that no person
being in holy orders, nor any churchwarden or overseer of the
poor within any such borough, shall be nominated or appointed
as such returning officer for the same ; and that no person
nominated and appointed as returning officer for any borough
now sending or hereafter to send members to Parliament shall
be appointed a churchwarden or overseer of the poor therein
during the time for which he shall be such returning officer :
Provided also, that no person qualified to be elected to serve as
a member in T’arliament shall be compellable to serve as re-
turning officer for any borough for which he shall have been
nominated and appointed by the shoriff as aforesaid if within
53 Geo. 3, c. 89.
2 Will. 4, c. 45.
Returning
officers for
boroughs.
Nominated by
sheriff.
Who dis-
qualified.
Who exempt.
398
PART W., THE EI, ECTION.
2 Will. 4, c. 45.
Not to apply
to municipal
boroughs.
Sheriffs of
divided
counties to
fix the time
and preside at
elections.
Booths at the
polling places
for counties.
one week after he shall have received notice of his nomination
and appointment as returning officer he shall make oath of
such qualification before any justice of the peace, and shall
forth with notify the same to the sheriff : Provided also, that in
case his Majesty shall be pleased to grant his royal charter of
incorporation to any of the boroughs named in the said Schedules
(C.) and (D.) which are not now incorporated, and shall by such
charter give power to elect a mayor or other chief municipal
officor for any such borough, then and in every such case such
mayor or other chief municipal officer for the time being shall
be the only returning officer for such borough, and the provisions
heroin before contained with regard to the nomination and
appointment of a returning officer for such borough shall there-
after cease and determine.
This section now provides returning officers for all constituencies except
county constituencies and places counties of themselves (see s. 12 of Redistri-
bution Act, 1885). For constituencies being municipal boroughs the mayor
is returning officer (see s. 244 of M. C. Act, 1882, p. 465). All the places in
Schedules (C.) and (D.), to which returning officers were given by those
schedules, are now municipal boroughs.
The words printed in italics are now practically repealed. By s. 12 of the
Redistribution Act, 1885, the appointment of returning officers for boroughs
by the sheriff of the county is applied to the boroughs constituted under that
Act having no mayor (see 4th sched. Of that Act), with the modification that
the sheriff is to make the appointment “as soon as may be after the passing
of that Act” in the case of new boroughs having no returning officer. By
subs, 2 of the same section the qualification of residence is repealed, and by
subs. 3, when a borough is in more than one county, the sheriff of the county
in which the largest part is situated acts.
[I2–60. See “Qualification of Electors,” Part I.]
61. The sheriffs of Yorkshire and Lincolnshire, and the sheriffs
of the counties divided by this Act, shall duly cause proclama-
tion to be made of the several days fixed for the election of a
knight or knights of the shire for the several ridings, parts,
and divisions of their respective counties, and shall preside at
the election by themselves or their lawful deputies.
As to the duties of the sheriff in regard to counties divided otherwise than
by this Act, see s. 8 of the Ballot Act, 1872 (p. 436). As to counties divided
under the Redistribution Act, see S. 9 (p. 250).
[62, 63. Repealed by the Ballot Act.]
64. And be it enacted, That at every contested election for
any county, or riding, parts, or division of a county, the sheriff,
under sheriff, or sheriff's deputy shall, if required thereto by
or on behalf of any candidate, on the day fixed for the election,
and if not so required may if it shall appear to him expedient,
cause to be erected a reasonable number of booths for taking
the poll at the principal place of election, and also at each of
the polling places so to be appointed as aforesaid, and shall
cause to be affixed on the most conspicuous part of each of the
said booths the names of the several parishes, townships, and
places for which such booth is respectively allotted; and no
person shall be admitted to vote at any such election in respect
REFORM ACT, 1832—Poi.1.ING STATIONS.
399
of any property situate in any parish, township, or place, except
at the booth so allotted for such parish, township, or place, and
if no booth shall be so allotted for the same, then at any of the
booths for the same district; and in case any parish, township,
or place shall happen not to be included in any of the districts
to be appointed, the votes in respect of property situate in any
parish, township, or place so omitted shall be taken at the
principal place of election for the county, or riding, parts, or
division of the county, as the case may be.
By s. 37 of the Act of 1867 (p. 425), the returning officer wherever practic-
able is to have a building or room instead of erecting a booth.
66. In all matters relative to the election of knights or a
knight of the shire to serve in any future Parliament for any
county, or for any riding, parts, or division of a county, the
sheriff of the county, his under sheriff, or any lawful deputy of
such sheriff, shall have power to act in all places having any
exclusive jurisdiction or privilege whatsoever, in the same
manner as such sheriff, under sheriff, or deputy may act within
any part of such sheriff's ordinary jurisdiction.
[67. Repealed by the Ballot Act, 1872.]
68. At every contested election of a member or members
to serve in any future Parliament for any city or borough
in England, except the borough of Monmouth, the returning
officer shall cause to be affixed on the most conspicuous part
of each of the said booths the names of the several parishes,
districts, and parts for which such booth is respectively al-
lotted; and no person shall be admitted to vote at any such
election, except at the booth allotted for the parish, district,
or part wherein the property may be situate in respect of
which he claims to vote, or in case he does not claim to vote
in respect of property, then wherein his place of abode as
described in the register may be ; but in case no booth shall
happen to be provided for any particular parish, district, or
part as aforesaid, the votes of persons voting in respect of pro-
perty situate in any parish, district, or part so omitted, or
having their place of abode therein, may be taken at any of
the said booths, and the votes of freemen residing out of the
limits of the city or borough may be taken at any of the said
booths; and public notice of the situation, division, and allot-
ment of the different booths shall be given two days before
the commencement of the poll by the returning officer : Pro-
vided also, that no nomination shall be made or election holden
of any member for any city or borough in any church, chapel,
or other place of public worship.
So much of this section as related to the erection of booths is repealed by
the Ballot Act, and by s. 34 of the Representation of the People Act, 1867
(p. 424), the returning officer is to provide one polling booth or room in
each polling district, and by s. 37 rooms are to be used instead of booths
wherever possible. See also Ballot Act, 1872, s. 8 (p. 436), and Rule 15 of
Schedule (p. 442).
2 Will. 4, c. 45.
Voter to poll
at booth for
his district
Sheriff in
county elec-
tions may act
in places of
exclusive
jurisdiction.
Each person
to vote at the
booth ap-
pointed for
his parish or
district.
400
PART W.--TIII) ELECTION.
2 Will. 4, c. 45.
Closing poll
before the
expiration of
time ſixed.
Adjournment
in case of riot.
Candidate, or
persons
proposing
without his
consent, to
pay for booths
and clerks.
I.imitation of
expense,
Counties.
Boroughs.
[69. Repoolod by the Ballot Act, 1872.]
70. Nothing in this Act contained shall provent any shoriff
or othor returning officer, or the lawful deputy of any returning
officer, from closing the poll previous to the expiration of the
time fixed by this Act, in any caso where the same might have
been lawfully closed before the passing of this Act; and that
whoro tho proceedings at any election shall be interrupted or
obstructod by any riot or open violence, the shoriff or other
roturning officer, or the lawful deputy of any returning officer,
shall not for such cause finally close the poll, but, in case the
proceedings shall be so interrupted or obstructed at any par-
ticular polling place or places, shall adjourn the poll at such
place or places only until the following day, and if necessary shall
further adjourn the same until such interruption or obstruction
shall have coased, whom tho returning officer or his deputy shall
again proceed to take the poll at such place or places; and any
day whereon the poll shall have been so adjourned shall not, as
to such place or places, be reckoned one of the two days of
polling at such olection within the meaning of this Act; and
wherevor the poll shall have been so adjourned by any deputy
of any shoriff or other returning officer, such deputy shall forth-
with give notice of such adjournment to the shoriff or returning
officer, who shall not finally declare the stato of the poll, or
make proclamation of the member or members chosen, until the
poll so adjournod at such place or places as aforesaid shall have
been finally closed, and delivered or transmitted to such sheriff
or other returning officer, anything hereinbefore contained to
the contrary notwithstanding.
By 48 Vict. c. 10 (p. 515), tho hour of closing the poll, both in counties and
boroughs, is eight o'clock in the ovening. Tho poll is now on one day only.
(See 16 Vict. c. 15, s. 2, for counties (p. 410), and 5 & 6 Will. 4, c. 36, s. 2,
(p. 402), for boroughs). Sco further as to adjourning tho poll in case of riot,
5 & 6 Will. 4, c. 38, 8.8 (p. 402).
71. All booſhs orected for the convenience of taking polls
shall be erected at the joint and ogual expense of the several
candidates, and the same shall be erected by contract with the
candidates, if they shall think fit to mako such contract, or if
they shall not make such contract, thon the same shall bo
erected by the sheriff or other returning officer at the expense of
the several candidates as aforesaid, subject to such limitation as
is hereinafter next mentioned; (that is to say,) that the exponse
to be incurred for the booth or booths to be erected at the
principal place of election for any county, riding, parts, or
division of a county, or at any of the polling places so to be
appointed as aforesaid, shall not exceed the sum of forty pounds
in respect of any one such principal place of election or any one
such polling place ; and that the expense to be incurred for any
booth or i. to be erectod for any parish, district, or part of
any city or borough shall not exceed the sum of twenty-five
pounds in rospect of any one such parish, district, or part;
REITORM ACT, 1832—ExPENSE or Poi,LING STATION8.
401
Provided always, that if any person shall be proposed without
his consent, then the person so proposing him shall e liable to
defray his share of the said expenses in like manner as if he
had been a candidate.
As to the cost of cach polling station, see 38 & 39 Vict, c. 84, Sched. 1
(p. 460). Iły s. 37 of the Representation of the People Act, 1867 (p. 425),
rooms instead of booths are to bo used wherevor practicable.
75. All laws, statutes, and usages now in force respecting the
election of members to serve in Parliament for that part of the
United Kingdom called Tºngland and Wales shall be and remain,
and are hereby declared to be and remain, in full force, and
shall apply to the election of members to serve in Parliament for
all the counties, ridings, parts, and divisions of counties, cities,
and boroughs, hereby empowered to return members, as fully
and effectually as if the same respectively had heretofore re-
turned members, except so far as any of the said laws, statutes,
or usages are repealed or altered by this Act, or are inconsistent
with the provisions thereof.
76. If any sheriff, returning officer, barrister, overseer, or
any person whatsoever shall wilfully contravene or disobey the
provisions of this Act or any of them, with respect to any
matter or thing which such shoriff, returning officer, barrister,
overseer, or other person is hereby required to do, he shall for
such his offence be liable to be sued in an action of debt in any
of his Majesty's Courts of Record at Westminster for the penal
sum of five hundred pounds, and the jury before whom such
action shall be tried may find their verdict for the full sum of
five hundred pounds, or for any less sum which the said jury
shall think it just that he should pay for such his offence; and,
the defendant in such action, being convicted, shall pay such
penal sum so awarded, with full costs of suit, to the party who
may sue for the same : Provided always, that no such action
shall be brought except by a person being an elector or claiming
to be an elector, or a candidate, or a member actually returned,
or other party aggrieved : I’rovided also, that the remedy
hereby given against the returning officer shall not be con-
strued to supersede any remedy or action against him according
to the law now in force.
The clause allowing the jury to assess the penalty is very unusual. See
for further penalties, 6 Vict. c. 18, s. 97, p. 409. The motive if wilful need
not be corrupt (I'air v. McGashy, 7 C. & P. 380; King v. Burrell, 12 A. & E.
460).
77. All writs to be issued for the election of members to serve
in all futuro Parliaments, and all mandates, precepts, instruments,
proceedings, and notices consequent upon such writs, shall be
and the same are hereby authorized to be framed and expressed
in such manmor and form as may be necessary for the carrying
the provisions of this Act into effect.
[78. Act not to extend to Universities of Oxford and Cambridge. Repealed
by Act of 1885.]
2 Will. 4, c. 45.
All election
laws to re-
main in force
except where
superseded by
this Act.
Penalties on
officers for
breach of
duty.
Writs, &c.,
to conform
to this Act.
2 p
402
PA IRT V.- THE EI ISCTION.
2 Will. 4, c. 45.
Meaning of
“city or
borough : ”
“Returning
oſlicer."
5 & 6 Will. 4,
c. 36.
• *----------º-º-º-º-º-- ***-4- - - -
One day's
polling for
boroughs.
Liverymen of
London vote at
the booth for
district where
such premises
are situate.
Adjournment
of nomination
or of poll in
case of riot.
79. Throughout this Act, wherevor the words “city or
borough,” “cities or boroughs,” may occur, those words shall
bo construed to include, except thoro be something in the sub-
ject or context manifestly repugnant to such construction, all
towns corporato, cinque ports, districts, or places within Tºng-
land and Wales which shall be entitled after this Act shall have
passed to return a momber or mombers to serve in l'arliament,
other than counties at large, and ridings, parts, and divisions
of counties at large, and shall also include the town of T3erwick-
upon-Tweed ; and the words “returning officer” shall apply to
Svery person or persons to whom, by virtue of his or their
office, cither under the present Act, or under any former law,
custom, or statute, the execution of any writ or precept doth or
shall belong for the election of a member or members to serve
in Parliament, by whatever namo or title such person or persons
may be called.
5 & 6 Will. 4, c. 36.
[l. Repealed by the Ballot Act, 1872.]
2. And be it further enacted, That at overy contested election
of a member or members to serve in 1’arliament for any city,
borough, or town, or county of a city or county of a town, the
polling shall commence at oight of the clock in the forenoon;
and the polling shall continue during such one day only; and
no poll shall be kept open later than four of the clock in the
afternoon.
By the Hours of Poll Act, 1885 (p. 515), the time is extended to eight in
tho afternoon.
[3–6, Itepealed by the Ballot Act, 1872.]
7. And be it further enacted, That such of the freemen of the
city of London, being liverymen, as are or shall be entitled to
vote in the olection of members to servo in any future Parlia-
ment for the city of London in the Guildhall, and who are or
shall be also on titled to vote in such election as owner or tenant
of premises in such city, shall be entitled to vote at any such
election at the booth or placo appointed for the parish, district,
or part whorein the property may be situate in respect of which
he is so entitled to vote as aforesaid; and that such vote shall
be entered in the poll books cither as the vote of a liveryman,
or as owner or tenant, as the person so voting shall direct.
I3y s. 92 of the Registration Act, 1843 (p. 407), the poll of liverymen is to
take place in tho Guildhall, and this section is now practically obsolete.
8. And be it enacted, That where the proceedings at any
election shall be interrupted or obstructed by any riot, or open
violenco, whether such proceedings shall consist of the nomina-
tion of candidates or of the taking the poll, the sheriff or other
returning officer, or the lawful deputy of any returning officer,
REGISTRATION ACT, 1843—QUESTIONS TO WOTERS AT Poli,
403
shall not for such cause terminate the business of such nomina-
tion, nor finally close the poll, but shall adjourn the nomination
or tho taking the poll at the particular polling place or places
at which such interruption or obstruction shall have happened
until the following day, and, if necessary, shall further adjourn
such nomination or poll, as the case may be, until such inter-
ruption or obstruction shall have ceased, when the returning
officer or his deputy shall again proceed with the business of
the nomination or with the taking the poll, as the case may be,
at the place or places at which the same respectively may have
been intorrupted or obstructed ; and the day on which the
business of the nomination shall have been concluded shall be
deemed to have been the day fixed for the election, and the
commencement of the poll shall be regulated accordingly; and
any day whereon the poll shall have been so adjourned shall not
as to such place or places be reckoned the day of polling at such
election, within the meaning of this Act ; and whenever the
poll shall have been so adjourned by any deputy of any sheriff
or other returning officer, such deputy shall forth with give
notice of such adjournment to the sheriff or returning officer,
who shall not finally declare the state of the poll, or make pro-
clamation of the member or members chosen, until the poll so
adjourned at such place or places as aforesaid shall have been
finally closed, and the poll books delivered or trasmitted to such
sheriff or other returning officer, anything hereinbefore or in
any other statute to the contrary notwithstanding : Provided
always, that this Act shall not be taken to authorize the ad-
journment to a Sunday; but that in every case in which the
day to which the adjournment would otherwise be made shall
happen to be a Sunday, Good Friday, or Christmas Day, that
day or days shall be passed over, and the following shall be the
day to which the adjournment shall be made.
6 Vict. c. 18. [Registration Act, 1843.]
[For remaining sections of this Act, see Part II., “Registration of Electors.”]
79. And be it enacted, That at overy 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
which are annexed to their names espectively in the register
in force at such election.
As to non-registration boing conclusive against the right to vote, see
Ballot Act, 1872, s. 7 (p. 435).
80. And whereas by the said first-recited Act it is enacted,
That certain questions might be put to every voter at the time
of his tendering his vote in any election: and whereas it is
expedient that all the nrovisions contained in the said recited
5 & 6 Will. 4,
c. 36.
6 Vict. c. 18.
Register to be
conclusive as to
continuance of
qualification.
Clause as to
putting
questions at
the poll
repealed,
2 D 2
404
PART V.--THE EIII) ()'I'ION.
6 Vict, c. 18,
(Questions to
Volor at the
Poll.
Inquiry as to
identity of the
voter, and
whether he
has already
Voted.
Oath to bo
taken, if
required,
Act touching and concerning the said questions, and administer-
ing and taking of any oath at the time of polling, should be
repealed, and other provisions be enacted in lieu thoreof: be it
thereforo enacted, That the said provisions shall be and tho
same aro hereby repoaled.
Tho recitod Act is tho IRoſorm Act, 1832, which by s. 58 allowed quotions
as to tho identity of the votor, tho continuance of his qualiſicalion, and
whollhor ho had voted boforo.
81. And be it enacted, That in all elections whatever of a
member or members to serve in Parliament for any county,
riding, parts or division of a county, or for any city or
borough in lºngland or Wales, or the town of Borwick-upon-
Tweed, no inquiry shall be pormitted at the time of polling as
to the right of any person to vote, except only as follows;
(that is to say,) that the returning officer or his respective
doputy shall, if required on behalf of any candidate, put to
any voter at tho time of his tendering his vote, and not after-
wards, tho following questions, or either of them :
1. Aro you the same person whose name appears as A. B. on
the register of voters now in force for the county
of [or for the riding, parts, or
division of the county of |,
or for the city [or borough] of [as the case
may be]?
2. IIave you already voted, either hero or elsewhere, at this
oloction for the county of [or for the
riding, parts, or division of the county of l,
or for the city [or borough] of [as the case may
be]?
And if any person shall wilfully make a false answer to
either of the questions aforesaid he shall be doomed guilty of a
misdemeanor, and shall and may be indicted and punished
accordingly ; and the returning officer or his deputy, or a
commissioner or commissioners to be for that purpose by law
appointed, shall, if required on behalf of any candidate at the
time aforesaid, administer an oath to any voter in the follow-
ing form :
‘You do swear [or affirm, as the case may be], that you aro
“ the same person whose name appears as A. B. on the register
‘ of votors now in force for the county of or for
“ the riding, parts, or division of
‘the county of or for the city or borough of
4.
[as the case may be], and that you have not
before voted, either here or olsewhere, at tho prosent olection
‘ for the county of [or for the
‘ riding, parts, or division of the county of
| or for the city or borough of
as the case may bel.
4.
So help you (;OI).’
IREGISTRATION ACT, 1843—PERSONATION AGENT8.
405
J.- …,x*-*...*.*.*.*.*.* * * * * * ~...~~~~"**** **** **** *, *.*
The Act 32 & 33 Vict. c. 68, allowing persons incompetent to take an oath,
to make a promiso and declaration, Hooms to apply, as the returning officer
or his deputy would appear to bo “a person having by law authority to
administer an outli for tho taking of evidence " within the amending Act
33 & 34 Vict. c. 49, H. 1.
82. And be it enacted, That save as aforesaid, if shall not be
lawful to require any votor at any olection whatever of a
member or members to serve in Parliament to take any oath or
affirmation, either in proof of his freehold, or of his residence,
age, or other qualification or right to vote, any law or statute,
local or general, to the contrary notwithstanding; nor to reject
any vote tendored at such election by any person whose name
shall be upon the register of voters in force for the time being,
except by reason of its appearing to the returning officer or his
deputy, upon putting such questions as aforesaid, or oither of
them, that the person so claiming to vote is not the same person
whose name appears on such register as aforesaid, or that he
had proviously voted at the samo olection, or except by reason
of such person refusing to answer the said questions or either
of them, or to take the said oath, or make the said affirmation,
or to take or make the oath or affirmation against bribery; and
no scrutiny shall horoaftor be allowed by or before any return-
ing officer with regard to any vote given or tendered at any
such election; any law, statute, or usage to the contrary not-
withstanding.
Thoro may, howevor, be a scrutiny before tho judges.
[83, 84. I’ersons porsonating voters to be guilty of a misdemeanor.
Aidors and abottors to bo punished as principals. Repealed by Ballot Act,
1872. Soe now s. 24 of that Act, p.438.]
85. And for the more effectual detection of the personation
of votors at olections, be it onacted, That it shall be lawful for
any candidate, at any election of a member or members to serve
in Parliament for any county, city, or borough, previous to the
time fixed for taking the poll at such election, to nominate and
appoint an agent or agents on his behalf to attend at each or
any of the booths appointed for taking the poll at such election,
for the purpose of detecting personation ; and such candidate
shall give notice in writing to the returning officer, or his
respective deputy, of the name and address of the person or
persons so appointed by him to act as agents for such purpose;
and thoroupon it shall be lawſul for every such agent to attend
during the time of polling at the booth or booths for which he
shall have boom so appointed.
For definition of personation, sco S. 24 of tho Ballot Act, 1872 (p. 438).
86. If at the time any porson tenders his vote at such
election, or after he has voted, and before he leaves the polling
booth, any such agent so appointed as aforesaid shall declare to
the returning officer, or his respoctive deputy, presiding therein,
that he verily believes, and undertakes to prove, that the said
6 Vict. c. 18.
No other
oaths to be
taken.
No scrutiny
before return-
ing officer.
Personation
agents.
Apprehenston
of persons
charged with
personation.
406
PART V.- THE ELECTION.
6 Vict. c. 18,
ss. 86–88.
Personation.
Saving for
vote.
Persons
charged with
personation
to be taken
before two
justices.
Bail to be
taken in
certain cases.
Justices
satisfied of
personation
are to Com-
mit for trial.
person so voting is not in fact the person in whose name he
assumes to vote, or to the like effect, then and in every such
case it shall be lawful for the said returning officer, or his said
deputy, and he is hereby required, immediately after such
person shall have voted, by word of mouth to order any
constable or other peace officer to take the said person so voting
into his custody, which said order shall be a sufficient warrant
and authority to the said constable or peace officer for so doing :
Provided always, that nothing herein contained shall be con-
strued or taken to authorize any returning officer, or his deputy,
to reject the vote of any person who shall answer in the affirmative
the questions authorized by this Act to be put to him at the
time of polling, and shall take the oaths or make the affirmations
authorized and required of him; but the said returning officer,
or his deputy, shall cause the words, “ Protested against for
personation,” to be placed against the vote of the person so
charged with personation when entered in the poll book.
87. And be it enacted, That every such constable or peace
officer shall take the person so in his custody, at the earliest
convenient time, before some two justices of the peace acting in
and for the county, city, or borough within which the said
person shall have so voted as aforesaid; Provided always, that
in case the attendance of two such justices as aforesaid cannot
be procured within the space of three hours after the close of
the poll on the same day on which such person shall have been
so taken into custody, it shall be lawful for the said constable
or peace officer, and he is hereby required, at the request of
such person so in his custody, to take him before any one justice
of the peace acting as aforesaid, and such justice is hereby
authorized and required to liberate such person on his entering
into a recognizance, with one sufficient surety, conditioned to
appear before any two such justices as aforesaid, at a time and
place to be specified in such recognizance, to answer the said
charge; and if no such justice shall be found within four hours
after the closing of the said poll, then such person shall forth-
with be discharged from custody: Provided also, that if in
consequence of the absence of such justices as aforesaid, or for
any other cause, the said charge cannot be inquired into within
the time aforesaid, it shall be lawful nevertheless for any two
such justices as aforesaid to inquire into the same on the next
or on some other subsequent day, and if necessary, to issue their
warrant for the apprehension of the person so charged.
88. And be it enacted, That if on the hearing of the said
charge the said two justices shall be satisfied, upon the evidence
on oath of not less than two credible witnesses, that the said
person so brought before them has knowingly personated and
falsely assumed to vote in the name of some other person within
the meaning of this Act, and is not in fact the person in whose
name he voted, then it shall be lawful for the said two justices
REGISTRATION ACT, 1843—PROCEDURE AS TO PERSONATION.
407
to commit the said offender to the gaol of the county, city, or
borough within which the offence was committed, to take his
trial according to law, and to bind over the witnesses in their
respective recognizances to appear and give evidence on such
trial as in the case of other misdemeanors.
89. And be it enacted, That if the said justices shall on the
hearing of the said charge be satisfied that the said person so
charged with personation is really and in truth the person in
whose name he voted and that the charge of personation has
been made against him without reasonable or just cause, or if
the agent so declaring as aforesaid, or some one on his behalf,
shall not appear to support such charge before the said justices,
then it shall be lawful for the said justices and they are hereby
required to make an order in writing under their hands on the
said agent so declaring as aforesaid, to pay to the said person
so falsely charged, if he shall consent to accept the same, any
sum not exceeding the sum of ten pounds nor less than five
pounds, by way of damages and costs; and if the said sum
shall not be paid within twenty-four hours after such order
shall have been made, then the same shall be levied, by warrant
under the hand and seal of any justice of the peace acting as
aforesaid, by distress and sale of the goods and chattels of the
said agent; and in case no sufficient goods or chattels of the
said agent can be found on which such levy can be made, then
the same shall be levied in like manner on the goods and
chattels of the candidate by whom such agent was so appointed
to act; and in case the said sum shall not be paid or levied in
the manner aforesaid, then it shall be lawful for the said person
to whom the said sum of money was so ordered to be paid to
recover the same from the said agent or candidate, with full
costs of suit, in an action of debt to be brought in any one of
her Majesty's Superior Courts of Record at Westminster:
Provided always, that if the person so falsely charged shall
have declared to the said justices his consent to accept such
sum as aforesaid by way of damages and costs, and if the whole
amount of the sum so ordered to be paid shall have been paid
or tendered to such person, in every such case, but not other-
wise, the said agent, candidate, and every other person shall be
released from all actions or other proceedings, civil or criminal,
for or in respect of the said charge and apprehension.
90. It shall and may be lawful for the high sheriff of any
county, and for the mayor or returning officer of any city or
borough, and he and they are hereby required for the purposes
aforesaid, to provide a sufficient attendance of constables or
peace officers in each booth at the different polling places within
their respective counties, cities, or boroughs.
[91. Repealed by Ballot Act, 1872.]
92. In the city of London the returning officer or officers
shall take the poll or votes of such freemen of the said city,
6 Vict. c. 18.
If justices
satisfied that
charge un-
founded, they
are to order
compensation.
If compensa-
tion, no action.
Sheriffs and
returning
officers to
provide con-
stables.
Liverymen of
London to
poll in the
Guildhall.
408
PART W.—THE ELECTION.
6 Wict. c. 18.
Safe custody of
poll books.
Sealing books.
Forwarding to
Clerk of
Crown.
being liverymen of the several companies, as are entitled to
vote at such election, in the Guildhall of the said city, and
shall not be required to provide for them any booth or compart-
ment, but shall take one poll for the whole number of such
liverymen at the same place.
93. And whereas it is enacted by the said-recited Act, That
at every contested election for any county, riding, or division
of a county, city, or borough in England, except the borough
of Monmouth, the sheriff, under sheriff, or returning officer
should, on the day therein mentioned, after the close of the
poll, openly break the seals on the several poll books, and cast
up the number of votes as they appear on the said several
books, and openly declare the state of the poll, and make
proclamation of the member or members chosen, not later than
the time therein mentioned; and whereas no adequate provision
has been made for the safe custody and production of the said
poll books subsequent to such declaration of the poll and
proclamation of the members chosen at any contested election,
in consequence whereof great mischief and expense have arisen
in cases of disputed returns of members to serve in Parliament:
be it therefore enacted, That at every contested election of a
member or members to serve in Parliament for any county,
riding, parts or division of a county, or for any city or borough
in England or Wales, or for the town of Berwick-upon-Tweed,
the sheriff, under sheriff, or returning officer, after having
declared the state of the poll, and made proclamation of the
member or members chosen to serve in Parliament in the
manner provided for by the said hereinbefore in part recited
Act, shall forthwith enclose and seal up the several poll books,
and tender the same to each of the candidates, to be sealed by
them respectively; and in case any candidate shall neglect or
refuse to seal the same, the sheriff, under sheriff, or returning
officer, shall thereupon indorse on one of the said poll books the
fact of such neglect or refusal; and every such sheriff, under
sheriff, or other returning officer shall, by himself or his agent,
as soon as possible after such proclamation as aforesaid, deliver
the said poll books, so sealed as aforesaid, to the clerk of the
Crown in the High Court of Chancery, or his deputy, or deliver
the same, directed to the said clerk of the Crown, to the post-
master or deputy postmaster of the city, town, or place wherein
such proclamation shall have been made as aforesaid, who on
receipt thereof shall give an acknowledgment in writing of
such receipt to such sheriff, under sheriff, or returning officer,
expressing therein the time of such delivery, and shall keep a
duplicate of such acknowledgment, signed by such sheriff,
under sheriff, or returning officer; and the said postmaster or
deputy postmaster shall dispatch all such poll books, so sealed
and directed as aforesaid, by the first post or mail after the
receipt thereof, to the General Post Office in London; and the
postmaster or postmasters general are hereby directed, im-
10 WICT. CAP. 21—SoLDIERS AT ELECTIONs.
409
mediately on receipt of such poll books, to convey the same to
the Crown Office, and to deliver the same there, so sealed as
aforesaid, to the said clerk of the Crown or his deputy; and the
said clerk of the Crown or his deputy is hereby required to give
to such postmaster or postmasters general, sheriff, under sheriff,
returning officer, or agent delivering the same, a memorandum
in writing, acknowledging the receipt of such poll books, and
setting forth the day and hour when the same were delivered
at the Crown Office; and the said clerk of the Crown or his
deputy is hereby required, immediately on receipt of such poll
books, to register the same in the books of the said Crown Office,
and to endorse thereon the day and hour upon which he received
the same; and every such sheriff, under sheriff, or returning officer
is hereby required at the time of transmitting such poll books
as aforesaid through the post office, to address and forward a
letter by the same post or mail to the said clerk of the Crown,
informing him of such transmission, and giving the number
and description of such poll books so transmitted.
Sce Rule 38 of Ballot Act, 1872, p. 446, post, for the application of this
section to the new mode of voting.
97. Every sheriff, under sheriff, clerk of the peace, town
clerk, secondary, returning officer, clerk of the Crown, post-
master, overseer, or other person, or public officer, required by
this Act to do any matter or thing, shall for every wilful mis-
feasance, or wilful act of commission or omission contrary to
this Act, forfeit to any party aggrieved the penal sum of one
hundred pounds, or such less sum as the jury before whom may
be tried any action to be brought for the recovery of the before-
mentioned sum shall consider just to be paid to such party, to
be recovered by such party, with full costs of suit, by action for
debt in any of her Majesty's Superior Courts at Westminster:
Provided always, that nothing herein contained shall be con-
strued to supersede any remedy or action against any returning
officer according to any law now in force.
See s. 61 of the Corrupt Practices Act, 1883, p. 500, for the extension of
the Section to registration officers.
[101. Interpretation Clause, see p. 113, ante.]
10 Vict. c. 21. An Act to regulate the Stations of
Soldiers during Parliamentary Elections.
[23rd July, 1854.
[1. Repeal of 8 Geo. 2, c. 30.]
2. And be it enacted, that on every day appointed for the
nomination or for the election or for taking the poll for the
election of a member or members to serve in the Commons
House of Parliament no soldier within two miles of any city,
borough, town, or place where such nomination or election shall
be declared or poll taken shall be allowed to go out of the
6 Vict. c. 18.
Parties wil-
fully contra-
vening the
Act liable to
action.
10 Vict. c. 21.
Soldiers to
remain in
quarters
during elec-
tions.
410
PAIRT V.- THE ELECTION.
10 Wict. c. 21.
Soldiers at
I'lections.
Vote.
Notice of
elections to
be given by
the Clerk of
the Crown to
Secretary at
War, &c.
Saving for
guards
attending her
Majesty.
15 & 16 Vict.
c. 23.
Thirty-ſive
days between
proclamation
and meeting of
Parliament.
* p. 390.
16 Vict. c. 15,
ss. 2, 3.
One day's poll-
ing in counties.
barrack or quartels in which ho is stationed, unless for the
purpose of mounting or relieving guard, or for giving his vote
at such election ; and that evory soldier allowed to go out for
any such purpose within the limits aforesaid shall roturn to his
barrack or quarters with all convenient speed as soon as his
guard shall have been relieved or vote tendered.
3. And be it enacted, That when and so often as any election
of any member or members to serve in the Commons House of
Parliament shall be appointed to be made, the Clerk of the
Crown in Chancery or other officer making out any new writ
for such election shall, with all convenient speed after making
out the said writ, give notice thereof to the Secretary at War, or
in case there shall be no Secretary at War to the person officiat-
ing in his stead, who shall, at some convenient time before the
day appointed for such election, give notice thereof in writing
to the goneral officer commanding in each district of Great
Britain, who shall thereupon give the necessary orders for
enforcing the execution of this Act in all places under his
command.
By 26 Vict. c. 12 the office of Secretary at War is abolished, and the duties
under this, among numerous other Acts, transferred to the Secretary of
State for War.
4. Provided always, and be it enacted, That nothing in this
Act contained shall be deemed to apply to any soldiers attending
as the guards of her Majesty or any porson of the Royal Family,
or to the soldiers usually stationed or employed within the
Bank of England.
15 & 16 Vict. c. 23.
So often as hor Majesty shall by her royal proclamation
appoint a time for the first meeting of the Parliament of the
united kingdom of Great Britain and Ireland after a dissolution
thereof, the time so to be appointed may be any time not less
than thirty-five days after the date of such proclamation, the
Act of the fifth year of Queen Anne, c. 8, or the Act of the
seventh and eighth years of William the Third, c. 25,” or any
other law or usage notwithstanding.
16 Vict. c. 15, ss. 2, 3.
2. At overy contested election of a knight or knights to
servo in any Parliament after the 31st October, 1853, for any
county, or for any riding, parts, or division of a county, the
polling shall continue for one day only, and the polling shall
commence at eight o'clock in the morning and be kept open
until five in the afternoon of such day.
The rest of this section is repealed by the Ballot Act, 1872. The time is
now oxicndod to eight o'clock in the ovening (48 Vict. s. 10, p. 515),
16 & 17 WICT. CAP. 68—Poi,LING AT UNIVERSITIES.
411
3. The provisions concerning the adjournment of the poll in
the case of riot or open violence, and other the provisions of
s. 70 of the Act 2 & 3 Will. 4, c. 45,” shall be and remain appli-
cable to every such contested election as aforesaid as if the said
section were re-enacted in this Act, the words “the day of
polling” being substituted therein for the words “one of the
two days of polling.”
16 & 17 vict. c. 68.
1. The writ for any election hereafter to be directed to the
sheriff of any county in England or Wales (other than the
county of a city or of a town) shall require such sheriff to
cause election to be made of a knight or knights to serve in
Parliament for such county, and for any riding, parts or
division thereof only, and not further or otherwise; the writ
for making any election of a member or members to serve in
Parliament for the Universities of Oxford and Cambridge and
for every borough, town corporate, port, or place returning
members to serve in Parliament in England and Wales shall
hereafter be directed to the Vice-Chancellor of the said
Universities, and to the returning officers of such boroughs,
towns corporate, ports and places respectively, and such Vice-
Chancellors and returning officers shall thereupon in due course
of law proceed to election, and after such election certify the
same together with the writ according to the directions thereof;
all such writs hereafter to be issued, and all mandates, pre-
cepts, instruments, proceedings, and notices consequent upon
such writs shall be, and the same are hereby authorized to be
framed and expressed in such manner and form as may be
necessary for carrying the provisions of this Act into effect.
4. At any election of a member or members to serve in
Parliament for either of the Universities of Oxford and Cam-
bridge the polling shall not continue for more than five days
at the most, Sunday, Christmas Day, Good Friday, and Ascension
Day being excluded.
5. At every such election the Vice-Chancellor shall have
power to appoint any number of polling places not exceeding
three in addition to the House of Convocation or Senate House,
and to direct at which of such polling places the members of
Convocation and of the Sonate according to their colleges shall
vote, and also to appoint any number of pro vice-chancellors,
any one of whom may receive the votes and decide upon all
questions during the absence of such Vice-Chancellor; and
such Vice-Chancellor shall have power to appoint any number
of poll clerks and other officers, by one or more of whom the .
Votes shall be entered in such number of poll books as shall be
judged necessary by such Vice-Chancellor.
16 Vict. c. 15,
ss. 2, 3.
Adjournment
of poll.
* p. 400.
16 & 17 Vict.
c. 68.
Direction in
writs to sheriffs
of counties.
Writs to
boroughs and
Universities to
be directed to
returning
officers.
Duration of
poll at Oxford
and Cambridge.
Polling sta-
tions at Oxford
and Cambridge.
412
PART W.—THE EI.ECTION.
16 & 17 Vict,
c. (38.
Polling in
public houses.
17 & 18 Vict.
c. 57.
Sheriſſ to be
1'eturning
officer in
boroughs
where the
office of
returning
oſlicer shall
be vacant.
6. No poll at any election for members of Parliament in
Ingland and Wales shall be taken at any inn, hotel, tavern,
public house, or other premises licensed for the sale of beer,
wine, or spirits, or in any booth, hall, room, or other place
directly communicating therowith, unloss by consent of all the
candidates expressed in writing.
17 & 18 Vict. c. 57. An Act to amend the Law relating
to the Appointment of Returning Officers in cortain
C8),SOS. [31st July, 1854.
“Whereas by an Act passed in the session of Parliament holden
in the sixteenth and soventeenth yoars of the reign of her
present Majesty, chapter sixty eight, it is amongst other things
onacted, that the writ for making any election of a member to
serve in Parliament for any borough, town corporate, port, or
place returning members to serve in Parliament in England
and Wales shall thereafter be directed to the returning officer
of such borough, town corporato, port or place respectively:
And whereas by another Act passed in the scssion of I’arliament
holden in the sixth and soventh years of his late Majesty,
chapter one hundred and one, it was amongst other things
enacted, that if at any time during which any precept ought to
be issued or other Act done by or with regard to the returning
officer for any city, borough, or town, the office of returning
officer shall happen to be vacant, it shall be lawful for the
sheriff of the county in which such city, borough, or town is
situate, by writing under his hand to appoint some fit person as
his deputy to perform the duties of returning officer during
such vacancy: And whereas difficulties and delay may arise in
the appointment of such sufficient deputy, in the case of a
vacancy in the office of returning officer, by reason of the writ
being directed to such returning officer, and there being no
person qualified to receive and execute the same : ” BE IT ENACTED
by the Queen's most Excellent Majesty, by and with the advice
and consent of the Lords Spiritual and Temporal, and Commons,
in this present l’arliament assembled, and by the authority of
the same, as follows:
1. Ivory writ for making any eloction of a momber to sorvo
in Parliament for any borough, city, or town shall be directed
to the returning officer of the said borough or his deputy, and
in their absence to the sheriff of the county in which the said
city, borough, or town is situate; and in all cases whatever,
whenever thore shall be, either from temporary vacancy or from
Homo other cause, no person duly qualified in any borough, city,
or town to porform the duties of a returning officer for the
same, the sheriff of the county in which such borough, city, or
town is situato shall be charged with the execution of the said
CORRUPT PRACTICES ACT, 1854—BRIBERY BY BRIBERs.
413
writ, and shall execute the same and in all respects perform the
duties of and incidental to the office of returning officer: Pro-
vided always, that it shall not be lawful for the said sheriff to
receive or execute the writ except when there shall be no person
within the said borough, city, or town legally qualified and
competent as returning officer to execute the same.
17 & 18 Vict. c. 102.
CORRUPT PRACTICES I’REVENTION ACT, 1854.
An Act to consolidate and amend the Laws relating to
Bribery, Treating, and undue Influence at Elections of
Members of Parliament. [10th August, 1854.
“Whereas the law now in force for preventing corrupt practices
in the election of members to serve in Parliament have been found
insufficient: And whereas it is expedient to consolidate and
amond such laws, and to make further provision for securing
the freedom of such elections: T3E IT ENACTED by the Queen's
most Iºxcellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority of the same,
as follows:
[1, Repealed by the Corrupt Practices Act, 1883.]
2. The following persons shall be deemed guilty of bribery,
and shall be punishable accordingly :
1. Every person who shall, directly or indirectly, by himself,
or by any other person on his behalf, give, lend, or agree
to give or lond, or shall offer, promise, or promise to
procure or to endeavour to procure, any money or valuable
consideration, to or for any voter, or to or for any person
on behalf of any voter, or to or for any other person in
order to induce any voter to vote, or refrain from voting,
or shall corruptly do any such act as aforesaid, on account
of such voter having voted or refrained from voting at
any election :
2. Every person who shall, directly or indirectly, by himself
or by any other person on his behalf, give or procure, or
agree to give or procure, or offer, promise, or promise
to procure or to endeavour to procure, any office, place,
or employment to or for any voter, or to or for any person
on behalf of any voter, or to or for any person, in order
to induce such voter to vote, or refrain from voting, or
shall corruptly do any such act as aforesaid, on account
of any voter having voted or refrained from voting at
any election:
3. Every person who shall, directly or indirectly, by himself
or by any other person on his behalf, make any such gift,
17 & 18 Vict.
c. 57.
17 & 18 Vict.
c. 102.
Bribery by
bribers.
Giving money
or value to
voter.
Procuring
place for voter.
Gift or promise
for procuring
Votes.
414
PART W.—TIII) ELECTION.
17 & 18 Vict,
c. 102.
* *-- ~ *-*. ====-3-2- - - - - - - *-**- : * – ~ * * *
Bribery defined.
Procuring
votes for gift
() l’ promise.
Providing
money for
bribory or re-
paying money
expended.
Saving for
legal expenses.
Bribery by
bribed.
Receiving at
or before elec-
tion, gift, &c.,
for vote.
After election.
loan, offer, promise, procurement, or agreement as afore-
said, to or for any person, in order to induce such person
to procure, or endeavour to procure, the return of any
person to serve in Parliament, or the vote of any voter
at any election :
4. Ivory person who shall, upon or in consequence of any
such gift, loan, oſler, promiso, procurement, or agreement,
procure or ongage, promise, or endeavour to prºcure the
return of any person to serve in T’arliament, or the voto
of any voter at any election :
5. I'very person who shall advance or pay, or cause to be paid,
any money to or to the use of any other person with the
intent that such money or any part thereof shall be
expended in bribery at any election, or who shall
knowingly pay or cause to be paid any money to any
person in discharge or repayment of any money wholly
or in part expended in bribery at any election :
Provided always, that the aforesaid enactment shall not extend
or be construed to extend to any money paid or agreed to be paid
for or on account of any legal expenses bond fide incurred at or
concerning any election.
The punishments are provided by ss, 4–6 of the Corrupt Practices Act,
1883, p. 468. This section and the next are repeated for purposes of Con-
solidation in Sched. 3, Part III., of tho Corrupt Practices Act, 1883, p. 511.
Travelling Iapenses.]... A letter to a voter asking him to come from a
distance to vote, and adding, “your expenses will be paid,” was held by the
Houso of Iords evidence of bribery under subs. I (Cooper v. Slade, 6 E. & IB.
447; 27 T. J. Q. B. 449).
By 21 & 22 Vict. c. 87, convoyance for voters was allowed to be provided,
by s. 36 of the Representation of the People, 1867, payment of money on
account of conveying a voter to the poll was forbidden in boroughs, with
certain exceptions, which were ropoaled in 1880, but by the Corrupt Practices
Act, 1883,21 & 22 Vict. c. 87, was ropealed, and by s. 7 (p, 469), payments for
the conveyance of electors are illegal; S. 48 of that Act, however, making
an exception for the conveyance of voters by sea. Giving a holiday to work.
people and paying their wages was held to amount to bribery in Truscott
v. Bevan, 44 I. T. 64, and so remunerating a votor for loss of time (Simp-
son v. Yeend, T. R. 4. Q. 13. 626, 38 L. J. Q. B. 313), but not hiring
votors to preserve the peace. A corrupt offer of a valueloss thing may
be bribery (Spencer v. Harrison, 44 I. T. 483), and whether the voter votes
according to the bribe is immaterial (Sulston v. Norton, 3 Burr 1235), as
also whether ho has a vote if he is believed to have one (Lilley v. Corne,
I Selw. N. l’. 650 m.).
3. The following persons shall also be deemed guilty of
bribery and shall be punishable accordingly:
1. Every voter who shall, before or during any election,
directly or indirectly, by himself or by any other person
on his behalf, receive, agree, or contract for any money,
gift, loan, or valuable consideration, office, place, or
employment, for himself or for any other person, for
voting or agreeing to vote, or for refraining or agreeing
to refrain from voting, at any election :
2. Every person who shall, after any election, directly or
CORRUPT PRACTICES ACT, 1854–GIFTS of CoCKADE8.
415
indirectly, by himself or by any other person on his
behalf, receive any money or valuable consideration on
account of any person having voted or refrained from
voting, or having induced any other person to vote or to
refrain from voting, at any election.
[4, Treating.—Repealed by the Corrupt Practices Act, 1883. For substitu-
tion, see p. 466.]
[5. Undue influence.—Repealed by the Corrupt Practices Act, 1883.]
[6, IRepealed by the Corrupt Practices Act, 1883.]
7. No candidate before, during, or after any election shall in
regard to such election, by himself or agent, directly or indirectly,
give or provide to or for any person having a vote at such election,
or to or for any inhabitant of the county, city, borough, or place
for which such election is had, any cockade, ribbon, or other
mark of distinction; and every person so giving or providing
shall for every such offence forfeit the sum of two pounds to
such person as shall sue for the same, together with full costs
of suit.
Iły s. 16 of the Act of 1883, p. 473, payments for cockades, ribbons, or
other marks of distinction, are forbidden, and payments therefor are made
illegal payments.
8. No person having a right to vote at the election for any
county, city, borough, or other place shall be liable or compelled
to Sorve as a special constable at or during any election for a
member or members to serve in Parliament for such county,
city, borough, or other place, unless he shall consent so to act;
and he shall not be liable to any fine, penalty, or punishment
whatever for refusing so to act, any statute, law, or usage to the
contrary notwithstanding.
[9, Repealed by the Corrupt Practices Act, 1883.]
10. It shall be lawful for any criminal court, before which any
prosecution shall be instituted for any offence against the pro-
visions of this Act, to order payment to the prosecutor of such
costs and expenses as to the said court shall appear to have been
reasonably incurred in and about the conduct of such prosecu-
tion : Provided always, that no indictment for bribery or undue
influence shall be triable before any court of quarter sessions.
[ll. Teturning officer to give notice of election.—Repealed by the Ballot
Act, 1872.]
12. In case of any indictment or information by a private
prosecutor for any offence against the provisions of this Act, if
judgment shall be given for the defendant, he shall be entitled
to recover from the prosecutor the costs sustained by the defen-
dant by reason of such indictment or information, such costs to
be taxed by the proper officer of the court in which such
judgment shall be given.
17 & 18 Vict.
c. 102.
No cockades,
&c., to be
given at
elections.
Penalty.
Voters need
Inot serve as
special
constables
during
elections.
Costs and
expenses of
prosecutions.
Costs from
prosecutor to
successful
defendant.
416
PAIR'I' W.—'I'HE EIECTION.
17 & 18 Vict,
c. 102.
Prosecutor to
enter into
recognizance
to prosecute
and pay costs,
Payments
before passing
of Act.
In actions
for penalties,
parties, &c., to
be competent
witnesses.
Short title.
Interpretation
of terms.
13. It shall not be lawful for any court to order payment
of the costs of a prosecution for any offence against the provisions
of this Act, unless the prosecutor shall, before or upon the finding
of the indictment or the granting of the information, enter into
a recognizance, with two sufficient sureties, in the sum of two
hundred pounds (to be acknowledged in like manner as is now
required in cases of writs of cortiorari awarded at the instance
of a defendant in an indictment), with the conditions following;
that is to say, that the prosecutor shall conduct the prosecution
with effect, and shall pay to the defendant or defendants, in case
he or they shall be acquitted, his or their costs.
[14. Iimitation of actions.—Repoaled by the Corrupt Practices Act, 1883.]
[15–22. Repealed by the Corrupt Practices Act, 1863.]
[23, Refreshments.--Topealed by the Corrupt Practices Act, 1883.]
[24-32. Repealod by tho Corrupt Practices Act, 1863.]
33. If any candidate at any election, or any member
hereafter returned to serve in Parliament, shall before the
passing of this Act have paid any monoy for or in respect of any
election hereafter to be held, or any expenses thereof, such
person shall, to the best of his ability, deliver a full, true, and
particular account of such payment or payments to the election
auditor.
[34. Itepealed by the Corrupt I’ractices Act, 1863.]
35. On the trial of any action for recovery of any pecu-
niary penalty under this Act, the parties to such action, and the
husbands and wives of such parties rospectively, shall be com-
potent and compellable to give evidence in the same manner as
parties, and their husbands and wives, are competent and com-
pellable to give evidence in actions and suits under the Act of
the fourteenth and fifteenth Victoria, chapter ninety-nine, and
“The Iºvidence Amendment Act, 1853,” but subject to and with
the exceptions contained in such several Acts: Provided always,
that any such ovidence shall not thereafter be used in any
indictment or criminal proceeding under this Act against the
party giving it.
IFor similar provision, seo S. 53, subs. (2), of the Act of 1883, p. 497.
[36, Repealed by the Corrupt Practices Act, 1883.]
37. In citing this Act in any instrument, document, or
proceeding, or for any purpose whatsoever, it shall be suf-
ficient to use the oxpression “The Corrupt Practices Prevention
Act, 1854.”
38. Throughout this Act, in the construction thereof, except
thore may be something in the subject or context repug-
mant to such construction, the word “county’” shall oxtend to
and mean any county, riding, parts, or division of a county,
stewartry, or combined counties respectively returning a
member or mombers to serve in Parliament; and the words
CORRUPT PRACTICES ACT, 1854—DEFINITIONS.
417
** * * ~ **
“city or borough "shall mean any university, city, borough,
town corporate, county of a city, county of a town, cinque
port, district of burghs, or other place or combination of
places (not being a county as hereinbefore defined) returning a
member or members to serve in Parliament; and the word
“election * shall mean the election of any member or members
to serve in Parliament; and the words “returning officer” shall
apply to any person or persons to whom, by virtue of his or
their office under any law, custom, or statute, the execution of any
writ or procept doth or shall belong for the election of a member
or members to serve in Parliament, by whatever name or title
such person or persons may be called ; and the words “revising
barrister” shall extend to and include an assistant barrister and
chairman, presiding in any court held for the revision of the list
of voters or his doputy in Ireland, and a sheriff or sheriff's court
of appeal in Scotland, and every other person whose duty it may
be to hold a court for the revision and correction of the list or
registers of voters in any part of the United Kingdom ; and
the word “voter” shall mean any person who has or claims to
have a right to vote in the election of a member or members to
serve in Parliament; and the words “candidate at an election ”
shall include all persons elected as members to serve in Parlia-
ment at such election, and all persons nominated as candidates,
or who shall have declared themselves candidates at or before
such election.
21 & 22 Vict. c. 110. An Act to extend the Act of the
Twenty-fourth Year of King George the Third, chapter
Twenty-six, for issuing Writs during any Recess of the
House of Commons, whether by Prorogation or Adjourn-
ment. - [2nd August, 1858.
“Whereas provision is made by the twenty-fourth of George
the Third, chapter twenty-six, for the issuing of writs by warrant
of the Speaker of the House of Commons during any recess
of the said House, whethor by prorogation or adjournment:
And whereas the said Act has been found advantageous to the
public, by causing speedy elections, and it is expedient that
the provisions thereof be further extended : ” BE IT THEREFORE
ENACTED as follows:
1. From and after the passing of this Act, it shall and may
be lawful for the Speaker of the House of Commons for the
time being, during any recess of the House as aforesaid, to issue
his walrant to the Clerk of the Crown to make out a new writ
for election of a member of the House in the room of any member
who has, since such adjournment or prorogation, accepted any
office whereby he has, either by the express provision of any Act
of Parliament or by any previous determination of the House of
17 & 18 Wict.
c. 102
21 & 22 Vict.
c. 1 1 0.
Warrants for
new writs in
the room of
members
accepting
certain offices.
2 I.
418
IPA IRT V.,....'I'III ICI, E()"I"I () N.
21 & 22 Vict.
c. 110.
*~~~~~~ = <-- ~~~~ *-***** *-**
&
Members
accepting
office to notify
the same to
the Speaker.
If case
appears to the
Speaker doubt-
ful, warrant
not to issue.
Act not to
apply to
certain offices.
24 Goo. 3, c.
26, to apply to
this Act.
Short title.
}ommons, vacated his soat in the House of Commons, so soon as
he shall have been gazetted thoroto in any of tho Queen's
Gazettes, and a notico thereof, together with a copy of the
Gazette, shall have been sont to the Speakor by a certificate
under the hands of two members of tho IIouse of Commons,
according to the form in the schedule to this Act annoxed, or to
the like offect.
For the Act recited, seo p. 391. This Act extends to the caso of mom-
bers accepting office during recess, tho procedure of the rocited Act in regard
to members dying or becoming peors.
2. I’rovided always, That any member of tho IIouse of
Commons accepting any such offico as aforesaid shall forthwith
notify his accoptanco thoroof to the Speakor, either by writing
under the hand of such member or by his countorsigning the
said cortificate relating to such acceptance, and the Speaker shall
not issue his warrant in pursuance of this Act without having
received such motification, and until fourteen days after he shall
have caused motice of his having received such certificate and
motification to be inserted in the London Gazette.
Tho fourtoon days roduced to six by 26 Vict. c. 20, s. 1, p. 423.
3. I’rovided always, That in any case in which it shall
appear to the Speaker to be doubtful whether the acceptance of
any offico which has been cortified to him as aforesaid has the
effect of vacating the seat of the person so appointed, it shall
bo lawful for the said Speaker, instead of issuing his warrant in
pursuance of this Act, to reservo such question for the decision of
the House.
4. Provided always, That this Act shall not in any way
apply to the acceptance of any of the following offices; that is
to say, the office of steward or bailiff of her Majesty's three
('hiltern IIundreds of Stoke, Desborough, and 13onenham, or of
the manor of Iðast I ſendred, or of tho manor of Northstead, or
of the manor of IIempholme, or of Escheator of Munster.
5. All the other provisions of the said rocited Act shall be
applicable to the cases provided for in this Act.
6. This Act may be cited as the “I’llection of Members
during IRecess Act, 1858.”
SCITEDUILE.
WE, whose names aro underwritten, being two members of the House
of Commons, do hereby certify that M. P., late a member of the said
House, serving as one of the knights of the shire for the county
of [or as the case may be], has accepted the office of
Member of the Council for India [or as the case may be], and has been
gazetted thoreto in the (Wazette, dated the
day of , and has thereby vacated his seat ; and wo give
you this notice, to the intent that you may issue your warrant to the
}lerk of the Crown to make out a new writ for the election of a knight
UNIVERSITY ELECTION ACT, 1861.
419
sº- . . . . . -----a ---~~~~~~~~~~~~~ *-* ~ * * ** --- - -----
to serve in Parliament for the said county of [or as the case
may be], in the room of the said M.P.
Given under our hands this day of *
A. J3
C. D.
To the Speaker of the
J/ouse of Commons.
24 & 25 Vict. c. 53. An Act to provide that Votes at
Elections for the Universities may be recorded by means
of Voting Papers. |1st August, 1861.
“Whereas it is expedient to afford greater facilities for voting
to the electors at elections for burgesses to serve in Parliament
for the Universities of Oxford, Cambridge, and Dublin : ” BE IT
ENACTED as follows:
1. It shall be lawful for such electors, in lieu of attending to
vote in person, to nominate any other elector or electors of the
same university, competent to make the declaration hereinafter
mentioned, to deliver for them at the poll voting papers con-
taining their votos, as by this Act provided. Fvery such voting
paper shall bear date subsequently to notice given by the re-
turning officer of the day for proceeding to election, and shall
contain the namo or namos of the candidate or candidates
thereby voted for, and the name or names of the elector or
electors authorized on behalf of the voter to tender such voting
paper at the poll, and shall be according to the form or to the
effect prescribed in the schedule to this Act annexed, Such
voting paper, the aforesaid date and names being previously
filled in, shall, on any day subsequent to notice given by the
returning officer of the day for proceeding to election, be signed
by the voter in the presence of a justice of the peace for the
county or borough in which such voter shall be then residing ;
and the said justice shall certify and attest the fact of such voting
paper having been so signed in his presence, by signing at the
foot thereof a cortificate or attostation in the form or to the
offect prescribed in the said schedule, with his name and address
in full, and shall state his quality as a justice of the peace for
such county or borough.
By the Representation of the People Act, 1867, s. 45 (p. 426), this Act is
cxtended to London University. The four preceding sections of the same
Act provide a returning officer and registrar for polling at that University.
2. The voting paper, signed and certified as aforesaid, may
be delivered to the vico-chancellor of the university for which the
election is held, or to any pro vice-chancellor appointed by him,
or, in the case of the university of Dublin, to the provost of
Trinity College, or to any person lawfully deputed to act for
him, at any one of the appointed polling places, during the ap-
pointed hours of polling, by any one of the persons therein
21 & 22 Vict.
c. 110.
24 & 25 Vict.
c. 53.
Electors to
vote by means
of voting
papers.
Voting paper
to be read,
and votes
recorded.
2 E 2
420 *d
PART W.—THE ELECTION.
24 & 25 Vict, nominated in that behalf, who shall, on tendering such voting
c. 53. paper at the poll, read out the same ; and the said vice-chancellor,
University pro vice-chancellor, provost, or deputy shall, receive the voting
I'lections. papers as the same shall be delivered, and shall cause the votes
thereby given, or such of them as may not appear to be con-
trary to the provisions of this Act, to be recorded in the manner
heretofore used, in all respects as if such votes had been given
by the electors attending in person; and all votes so recorded
shall have the same validity and effect as if they had been duly
given by the voters in person : Provided always, that no person
shall be entitled to sign or vote by more than one voting paper
at any election, and that no voting paper containing the names
of more candidates than there are burgesses to be elected at
such election shall be received or recorded : Provided also,
that no voting paper shall be received or recorded unless the
person tendering the same shall make the following declaration,
which he shall sign at the foot or back thereof:
“I solemnly declare, that I am personally acquainted with
A. B. (the voter), and I verily believe that this is the paper
by which he intends to vote pursuant to the provisions
of the Universities Elections Act.”
Provided also, that no voting paper shall be so received and
recorded if the voter signing the same shall have already voted
in person at the same election : Provided also, that every such
elector shall be entitled to vote in person, notwithstanding that
he has duly signed and transmitted a voting paper to another
elector, if such voting paper has not been already tendered at
the poll.
By S. 1 of the University Election Act, 1868 (p. 429), the declaration is
amended by onlitting the words as to personal acquaintance. That Act also
provides for voting papers being signed in the Channel Islands.
Voting papers 3. It shall be lawful for any person now by law or custom
may be in- authorized on behalf of any candidate to object to votes to
*"...") inspect any voting paper tendered at the poll before the same
..". shall be received or recorded, and to object to it on one or more
object to of the following grounds:
Votes. 1. That the person on whose behalf the voting paper is
tendered is not qualified to vote:
2. That the person tendering the voting paper is not duly
qualified in that behalf:
3. That the person in whose behalf the voting paper is
tendered has already voted at that election in person or
by voting paper:
4. That the voting paper bears date anterior to notice given
by the returning officer of the day for proceeding to
election :
Powers of re- 5. That the voting paper is forged or falsified :
turning officer. And the returning officer, his deputy or assessor, or any
officer having by law or custom power to decide objections in
UNIVERSITY ELECTION ACT, 1861.
421
respect of votes tendered by voters attending the poll in person,
shall have power to put questions to the person tendering such
voting paper, and to reject, receive, and record, or receive and
record as objected to or protested against, any votes tendered
by voting papers: Provided, that in case the objection offered
to any voting paper shall be that it is forged or falsified, such
returning or other officer shall receive and record Such voting
paper, having previously written upon it, “Objected to as
forged,” or “Objected to as falsified,” together with the name of
the person making such objection.
4. All voting papers received and recorded at such election,
as well as any voting papers rejected for informality or on any
other ground, shall be filed and kept by the officer entrusted
with the care of the poll books or other documents relating to
the said election; and any person shall be allowed to examine
such voting papers at all reasonable times, and to take copies
thereof, upon payment of a fee of one shilling.
5. Any person falsely or fraudulently signing any voting
paper in the name of any other person, either as a voter or as a
witness, whether such other person shall be living or dead, and
every person signing, subscribing, endorsing, attesting, certify-
ing, tendering, or transmitting as genuine any false or falsified
voting paper, knowing the same to be false or falsified, and any
person falsely making any such declaration as aforesaid, or such
declaration as is contained in the schedule, or with fraudulent
intent altering, defacing, destroying, withholding, or abstract-
ing any voting paper, and any person wilfully Inaking a false
answer to any question put to him by the returning or other
officer as hereinbefore provided, shall be guilty of a misde-
meanor, and punishable by fine, or imprisonment for a term not
exceeding one year.
6. No such voting paper as hereinbefore mentioned shall be
liable to any stamp duty.
SCHEDULE.
UNIVERSITY ELECTION, 18
I A.B. [the Christian and surnames of the elector in full, his college or
hall, if any, and his degree or academical rank or office, if any, to be here
'inserted], do hereby declare, that I have signed no other voting paper at
this election, and do hereby give my vote at this election for
And I nominate C. D.
JE. H.
G. H.
or one of them, to deliver this voting paper at the poll.
Witness my hand this day of 18
(Signed) A.B. of [the elector's place of residence to
be here inserted].
Signed in my presence by the said A.B., who is personally known to
lme, on the above-mentioned day of 18 , the
24 & 25 Vict.
c. 53.
Voting papers
to be filed.
Penalty for
falsely signing
Voting papers.
Voting papers
not liable to
stamp duty.
[See s. 1.]
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REPRESINTATION OF THE PEOPLE ACT, 1867.
423
30 & 31 Vict. c. 102.
l{EPRESENTATION OF THE PEOPLE ACT, 1867.
Places for Election, and Polling Places.
9. At a contested election for any county or borough repre-
sented by three members no person shall vote for more than
two candidatos.
This section, since the Rodistribution Act, 1885, is inoperative, as no person
can vote for more than two candidates.
10. At a contested election for the City of London no person
shall vote for more than three candidates.
London has now only two members (S. 4 of Iłedistribution Act, 1885, p. 258).
11. No elector who within six months before or during any
election for any county or borough shall have been retained,
hired, or employed for all or any of the purposes of the election
for reward by or on behalf of any candidate at such election as
agent, canvasser, clork, messenger, or in other like employment,
shall be entitled to vote at such olection, and if he shall so vote
he shall be guilty of a misdemeanor.
33. The Court for the olection of members for each of the
divisions mentioned in the Second column of the said Schedule
D) shall be holden at the places named for that purpose in the
fourth column of the same Schedule.
The place of elections for divisions is now provided for by s. 16 of the Act
of 1885 (p. 518); so that Sched. D. has become obsolete.
34. In every county the justicos of the peaco having jurisdic-
tion therein or in the larger part thoreof, assembled at some
court of general quarter sessions, or at some adjournment
thereof, held after the passing of this Act, may, if they think
convenience requiros it, divide such county into polling districts,
and assign to each district a polling place, in such manner as to
enable each voter, so far as practicable, to have a polling place
within a convenient distance of his residence ; and the justices
shall advertise, in such manner as they think fit, a description of
the polling districts so constituted by them, and the name of
the polling place assigned to each district, and shall name the
polling places at which the revising barristers are to hold their
courts, and no revising barrister shall be obliged to hold his
courts at any polling places not so named : l’rovided that the
justices of the peace for the Isle of Illy, assembled as aforesaid,
shall carry into effect the provisions of this section so far as
regards the said Isle of Ely; but nothing herein contained shall
affect the powers conferred by any other Act of Parliament of
altering polling places or polling districts, or of creating
additional polling places or districts:
The local authority of every borough shall, if they think
30 & 31 Vict.
c. 102.
Paid agents
may not vote.
[See p. 474.]
Courts for the
election of
members for
counties, as in
Schedule (D).
Polling places
in counties.
Proviso as to
Isle of Ely.
Polling places
in boroughs.
424
|PA IRT V.- ...'I''[[I. Iſ I, IEC'l'I()N.
30 & 31 Vict.
c. 102, s. 34.
Polling
Districts.
***.*.*.*--→ ~~.3 -a < .
Parishes with
several polling
districts.
Iists of voters
to correspond
with district,
* p. 113.
Advertising
polling dis-
tricts and
booths.
Definition of
local
authority.
Rooms for
taking polls
wherever
possible.
convenience requires it, as soon as may be after the
passing of this Act, divide such borough into polling
districts, and the returning officer shall in the case of
a contested election provide at least one booth or room
for taking the poll in each polling district ; and in
cases where a parliamentary borough is constituted of
two or more towns the distance betwoen two of which
shall exceed two miles, there shall be provided a booth
or room for taking the poll in each of such towns :
Whero any parish in a borough is divided into or forms part
of more than one polling district, the overseers shall, so far
as practicable, make out the lists of voters in such manner
as to divide the names in conformity with each polling
district :
The town clerk, as defined by the Act of the sixth
Victoria, chapter eighteen,” shall cause the lists of voters
for each borough to be copied, printed, arranged, and
signed, and delivered in the manner directed by the said
Act, so as to correspond with the division of the borough
into polling districts:
A description of the polling districts made or altered in
pursuance of this Act shall be advertised by the local
authority in such manner as they think fit, and notice of
the situation, division, and allotment of the polling booth
or place for each district shall be given in manner now
required by law :
The local authority shall mean in overy municipal borough,
and in overy borough any part of which forms a municipal
borough, the town council of such borough ; and in cases
where a parliamentary borough is constituted by the
combination of two or more municipal boroughs, then the
local authority shall mean the town council of that muni-
cipal borough in which the nomination takes place:
The local authority may from time to time altor any districts
made by thom under this Act.
'l'his power is now (p. 434) exorcisable from time to time.
The doſinition in this Act of the local authority in boroughs is not inter-
fored with by the Registration Act, 1885. As to the definition in counties,
see s. 13 of that Act, p. 173. By S. 47 of the Corrupt and Illegal Practices
Act, 1883 (p. 494), further directions, including the distance from the voters of
the nearest polling place, are given for the division of counties and boroughs
into polling districts. I'or further provisions as to polling districts, and the
definition of the local authority, see 13allot Act, 1872, s. 5 (p. 434). Where
thero is no municipality in a parliamentary borough tho local authority is the
justices of potty sessions (s. 18 of Iłogistration Act, 1868), and when not
wholly in a petty sessional division the quarter sessions.
[35, Repealed by tho Ballot Act, 1872.]
[36. Itopoaled by the Corrupt Practices Act, 1883.]
37. At every contested eloction for any county or borough,
unless some building or place belonging to the county or
borough is provided for that purpose, the returning officor shall,
REPRESENTATION OF PEOPLE ACT, 1867–LoNDON UNIVERSITY.
425
whenever it is practicable so to do, instead of erecting a booth,
hire a building or room for the purpose of taking the poll.
For tho cost of polling stations per place, see p. 400; per station, p. 469;
as to using room in School, &c., See p. 435.
[38. Commencement of register. See I’art II., “IRegistration of Electors.”]
[39. Repealed by the Ballot Act, 1872.]
[40. I)isqualification by parochial relief in countics. Sco Part I., “Qualiſi-
cation of Llectors.”]
Illection in University of London.
41. The Vice-Chancellor of the University of London shall
be the returning officer for such University, and the writ for
any election of a member to serve in I’arliament for such uni-
versity shall be directed to such Vice-Chancellor.
42. The Vice-Chancellor of the University of London shall
proceed to election, in pursuance of any writ to be directed to
him as hereinbefore mentioned, within six days after the receipt
of such writ, giving three clear days' notice of the day and place
of election, exclusive of the day of proclamation and the day of
election ; and the Vice-Chancellor shall after such election
certify the same, together with such writ, according to the
directions thereof.
43. At every contested election of a member or members to
serve in Parliament for the University of London the polling
shall commence at eight o'clock in the morning of the day next
following the day fixed for the election, and may continue for
not more than five days (Sunday, Christmas Day, Ascension
l)ay, and Good Friday being excluded), but no poll shall be
kept open later than four o'clock in the afternoon.
44. At every election of a member to serve in Parliament
for the University of London the Vice-Chancellor shall appoint
the polling place, and also shall have power to appoint two or
more pro Vice-Chancellors, any one of whom may receive the
votes and decide upon all questions during the absence of such
Vice-Chancellor; and such Vice-Chancellor shall have power to
appoint poll-clerks and other officers, by one or more of whom
tho votes may be entered in the poll book, or such number of
poll books as may be judged necessary by such Vice-Chancellor;
and such Vice-Chancellor shall, not later than two o'clock in
the afternoon of the day next following the close of the poll,
openly declare the state of the poll and make proclamation of
the members choseii.
45. All the provisions of an Act passed in the twenty-fourth
and twenty-fifth years of her present Majesty, entitled “An
Act to provide that Votes at Elections for the Universities may
be recorded by means of Voting Papers,” shall apply to every
election of a member for the University of London.
30 & 31 Vict.
c. 102.
*----------------sº-
Returning
Officer for
University of
London.
Elections for
that University
to proceed in
six days after
receipt of writ.
y . . . . . w
Polling may
continue five
days.
Polling place.
Pro Wicc-
Chancellors.
Poll-clerks.
l)eclaration of
poll.
Voting papers.
>{: p. 420.
426
IPAIRT W.—TIII) ELECTION.
30 & 31 Vict.
c. 102.
As to return-
ing officers
in new
boroughs.
* p. 397.
Corrupt
payment of
rates to be
punishable as
bribery.
Returning
oſlicer, &c.,
acting as
agent guilty
of mis-
demeanor.
l) emise of the
Crown not
to dissolve
Parliament.
[46. Iłesidence of electors for the city of London extonded to 25 miles, see
alute, Part I.]
Miscellaneous.
47. In any borough named in Schedules (B.) and (C.) to this
Act annoxod, which is or includes a municipal borough, the
mayor of such municipal borough shall be the returning officer,
and in the other cases the returning officer shall be appointed
in the Bame manner as if such places were included amongst
tho boroughs mentioned in Schedules (C.) and (D.)* of the Act
of the second year of his late Majesty William the Fourth,
chapter forty-five, for which no persons are mentioned in such
schedules as returning officers.
S. 12 of the IRodistribution of Seats Act, 1885 (p. 516), has a similar pro-
vision of tho returning oſlicers of boroughs constituted under that Act.
[48, IBoundary Commissioners.]
49. Any person, either directly or indirectly, corruptly paying
any rate on behalf of any ratepayer for the purpose of enabling
him to be registered as a voter, thereby to influence his vote at
any future election, and any candidate or other person, either
directly or indirectly, paying any rate on behalf of any voter
for the purpose of inducing him to vote or refrain from voting,
shall be guilty of bribery, and be punishable accordingly ; and
any porson on whose behalf and with whose privity any such
payment as in this Section is montioned is made shall also be
guilty of bribery, and punishable accordingly.
I'or tho punishment of bribery, Soo Corrupt and Illegal Practices Act, 1883,
SS. 3-6 (p. 467). This section is scheduled to that Act as part of the deſinition
of bribory (p. 513).
50. No returning officer for any county or borough, nor his
deputy, nor any partner or clerk of either of them, shall act as
agent for any candidate in the management or conduct of his
election as a member to serve in Parliament for such county or
borough ; and if any returning officer, his deputy, the partner
or clork of either of them, shall so act, he shall be guilty of a
misdomeanor.
This section is by 8, 11 of the 13allot Act (p. 437) applied to officers
appointod by the returning officer.
51. Whorea's great inconvenience may arise from the enact-
monts now in force limiting the duration of the l’arliament in
being at the demise of the Crown : T80 it therefore enacted, That
the Parliament in being at any future domise of the Crown shall
not be determined or dissolved by such domise, but shall con-
tinue so long as it would have continued but for such domise,
unless it should be Sooner prorogued or dissolved by the Crown,
anything in the Act passed in the sixth year of her late Majesty
Queen Anne, chapter seven, in any way notwithstanding.
The Act referred to (which is 6 Anne, c. 41, Rev. Stat.) provides that if
TEPRESENTATION OF PEOPLE ACT, 1867–DEMISE of CROWN.
427
Parliament be adjourned or prorogued at the demise of the Crown, it shall
immediately sit and uct.
[52, See “Disqualification of Candidates,” Part IV.]
53. Any copy of any of the said reports by the said Com-
missioners appointed for the purpose of making inquiry into
the existence of corrupt practices in any of the said boroughs of
Totnes, Great Yarmouth, Lancaster, or Reigate, with the
schedules thereof annexed, and purporting to be printed by the
Queen's printer, shall for the purposes of this Act be deemed
to be sufficient evidence of any such report of the said Com-
missioners, and of the schedules annexed thereto.
[56, See “Qualification of Electors,” Part I.]
57. From and after the passing of this Act, the County Pala-
tine of Lancaster shall cease to be a county palatine, in so far
as respects the issue, direction, and transmission of writs for
the election of members to serve in Parliament for any division
of the said county or for any borough situate in the said county;
and such writs may be issued under the same seal, be directed
to the like officer, and transmitted in the like manner, under,
to, and in which writs may be issued, directed, and transmitted
in the case of divisions of counties and boroughs not forming
part of or situate in a county palatine; and any writ issued,
directed, and transmitted in manner directed by this section
shall be valid accordingly.
Iºxtended by s. 21 of 31 & 32 Vict. c. 58, infra, to the County Palatine of
Durham.
58. All writs to be issued for the election of members to
servo in l'arliament, and all mandates, precepts, instruments,
proceedings, and notices consequent upon such writs or relating
to the registration of voters, shall be framed and expressed in
such manner and form as may be necessary for the carrying the
provisions of this Act into effect.
61. The following terms shall in this Act have the meanings
hereinaftor assigned to them, unless there is something in the
context repugnant to such construction; (that is to say,)
“Month. " shall mean calendar month :
“Momber " shall include a knight of the shire:
“I’llection " shall mean an election of a member or members
to serve in Parliament :
“County’ shall not include a county of a city or county of
a town, but shall mean any county, riding, parts or divisions
of a county returning a member or members to serve in
Parliament :
“Borough ' shall mean any borough, city, place, or combina-
tion of places, not being a county as hereinbefore defined,
returning a member or members to sorve in Parliament :
“Duelling-house” shall include any part of a house occupied
30 & 31 Vict.
c. 102.
*-
Reports of cer-
tain Commis-
sioners printed
by Queen's
printer to be
evidence.
As to issue of
writs to
County
Palatine of
Lancaster.
Writs, &c.,
to be made
conformable
to this Act.
Interpretation
of terms:
“Mouth : ”
“Member : ”
“Election : ”
“County: ”
“Borough :”
“Dwelling-
house: ”
428 PART W.--TIII ICLE(TION.
30 & 31 Vict, as a separate dwelling, and separately rated to the relief of
c. 102, s. 61. the poor : (a)
poſitions. “The Registration Acts” shall mean the Act of the sixth
- - - - ---------------------- year of the reign of her present Majesty, chapter eighteen,
“The Registra- and the Act of the twenty-eighth year of the reign of her
tion Acts:” present Majesty, chapter thirty-six, and any other Acts or
parts of Acts relating to the registration of persons entitled
to vote at and proceedings in the election of members to
serve in Parliament for England and Wales.
*
31 & 32 Vict, 31 & 32 Vict. c. 58, ss. 18, 21, 33.
c. 58, ss. 18 -
31, 33.” 18. The local authority within the meaning of the same
section [s. 34 of the Act of 1867, p. 423] in boroughs where
º, tº the town council is not the local authority shall be the justices
polling of the peace of the petty sessional division in which such
districts borough is situate, or if such borough be situate in or com-
prise more than one petty sessional division, then the justices
in general or quarter sessions having jurisdiction over such
borough, or the greater part thereof in area.
to act from The power of dividing their county into polling districts and
time to time assigning to each district a polling place vested in the justices
of the peace by the thirty-fourth section of the Representation
* p. 423. of the People Act, 1867,” may be exercised by such justices from
time to time, and as often as they shall think fit, and the said
power of dividing a county into polling districts shall be
deemed to include the power of altering any polling district
or polling districts.
t Lancaster. 21. Section fifty-seven f of the Representation of the People
p. 427. Act, 1867, with respect to the County Palatine of Lancaster, and
the issue, direction, and transmission of writs for the election of
members to serve in Parliament for any division of the said
county, or for any borough situate therein, shall be construed to
extend to and include the County Palatine of Durham.
Returning 33. Whenever a borough returning a member or members
officer when to serve in Parliament becomes a municipal borough the au-
ºntº thority of the person who may for the time being be acting
becomes as returning officer shall cease, and the mayor shall take his
municipal place, subject nevertheless to the repayment to such first-
borough. mentioned returning officer of any expenses properly incurred
by him in the execution of the duties of his office.
(a) Repealed by the Registration Act, 1878.
WOTING PAPERS AT UNIVERSITIES.
429
31 & 32 Vict. c. 65.
An Act to amend the Law relating to the use of Voting Papers
in Elections for the Universities.
1. The said recited form of declaration shall not be re-
quired, and there shall be substituted in place thereof the
form of declaration following, that is to say:
“I solemnly declare that I verily believe that this is the
‘paper by which A.B. (the voter) intends to vote pursuant
‘to the provisions of the “Universities Election Acts, 1861
‘ and 1868.””
For recited form of declaration, see 24 & 25 Vict. c. 53, S. 2 (p. 421).
2. The second section of the said first-mentioned Act shall,
in reference to the University of London, be construed as if the
words “in the manner heretofore used '' were omitted therefrom.
3. A voting paper for the election of any burgess or member
to serve in Parliament for any Universities or University, in
respect of which the provisions of the said first-mentioned Act
may for the time being be in force, may be signed by a voter
being in one of the Channel Islands, in the presence of the
following officers, that is to say, - - -
(1.) In Jersey and Guernsey, of the bailiffs, or any lieutenant-
bailiff, jurat, or Juge d’Instruction.
(2.) In Alderney, of the Judge of Alderney or any jurat.
(3.) In Sark, of the seneschall or deputy-semeschall.
And for the purpose of certifying and attesting the signature
of such voting paper, each of the said officers shall have all the
powers of a justice of the peace under the first-mentioned Act,
and a statement of the official quality of such officer shall be a
sufficient statement of quality in pursuance of the provisions of
the said Act.
4. This Act may be cited for all purposes as “The Universities
Election Act, 1868,” and the said first-mentioned Act and this
Act may be cited together as “The Universities Election Acts,
1861 and 1868.”
31 & 32 Vict.
c. 65.
Substituted
declaration by
party tender-
ing voting
paper.
As to London
University.
Voting papers
signed in
Channel
Islands.
Titles.
430 PART W. "I"[IF ELECTION.
35 & 36 Vict, 35 & 36 Vict. c. 33.
c. 33.
*-- ~~~~~m-º-, *.*-* *-** . *s-mºre BALLOT ACT, 1872.
SECTION. PAGT)
1. Nomination—Withdrawal from candidature . . . . . . . 431
2. Poll—Contents of ballot paper—Return—Casting vote . . . . . 431
3. Offences as to nomination papers and ballot papers and boxes . . 432
4. Maintenanco of Secrecy at polling stations . . . . . . . . 433
5. Polling districts . . . . . . . . . . . . . . . 434
6 Use of school-room for poll . . . . . . . . . . . . 435
7. Conclusiveness of rogistor . . . . . . . . . . . 435
8. Powers and duties of returning officer . . . . . . . . . 436
9. Maintenance of order at polling station . . . . . . . . . 436
10. Powers of presiding officer . . . . . . . . . . . . 437
11. I liability of officers for misconduct . . . . . . . . . . 437
12. No porson to be required to disclose vote . . . . . . . . 437
13. Effoct of non-compliance with rulos in Schodule I. . . . . . 437
14. Use of municipal ballot boxes, &c. . . . . . . . . . . 488
15. Construction of Act . . . . . . . . . . . . . . 488
24. I)efinition and punishment of personation . . . . . . . . 488
25. Striking off vote for corrupt practice . . . . . . . . . 439
28. Iºffect of schedules . . . . . . . . . . . . . . 439
29. Interpretation clause . . . . . . . . . . . . . . 440
31. Act not to apply to Universities . . . . . . . . . . . 440
32. Repeal of enactments in Schedule IV. . . . . . . . . . 440
33. Duration of Act . . . . . . . . . . . . . . . 440
Schedules.
I. IRules 1-13. Election . . . . . . . . . . . . . . 440
,, 14–30. I’oll . . . . . . . . . . . . . . . 442
,, 31–43. Counting votes . . . . . . . . . . . . 445
3 y 44. Mode of return . . . . . . . . . . . 447
,, 45, 46. Notice of result, and other public motices. . . . . 447
7 y 47. Iteturning officer may act as presiding officer . . . 447
9 y 48. Persons to count votes . . . . . . . . . . 447
,, 49, 50. Clerks, &c.—Dolegation of duties by presiding officer . 447
23 51. Candidate may be his own agent . . . . . . . . 448
75 52. Name and address of agent to be made known . . . 448
y? 53. Death of polling station or counting agent . . . . 448
2 3 54. JDeclaration of secrecy by agents, &c. . . . . . 448
* } 55. Non-attendance of agents . . . . . . . . . 448
29 56. Computation of time . . . . . . . . . . 448
}} 57. Deſinitions . . . . . . . . . . . . . 448
II. Forms—Writ for election . . . . . . . . . . . . 449
2 3 Notice of election . . . . . . . . . . . . 449
9 3 Nomination paper . . . . . . . . . . . . 450
2 3 I3allot paper . . . . . . . . . . . . 451
2 3 Declaration of Secrecy . . . . . . . . . . . 452
} % Declaration of inability to road . . . . . . . . . 452
III. Registration Acts applied . . . . . . . . . . . . . 458
IV. Acts repealed . . . . . . . . . . . . . . . . 458
BALLOT ACT, 1872—TIII, NoMINATION.
431
An Act to amend the Law relating to Procedure at Par-
liamentary and Municipal Elections. [18th July, 1872.
“Whereas it is expedient to amend the law relating to pro-
cedure at parliamentary and municipal elections”: BE IT ENACTED
as follows:
PART I.
PARLIAMENTARY ELECTIONS.
Procedure at Elections.
1. A candidate for election to serve in Parliament for a county
or borough shall be nominated in writing. The writing shall
be subscribed by two registered electors of such county or
borough as proposer and seconder, and by eight other registered
electors of the same county or borough as assenting to the
nomination, and shall be delivered during the time appointed
for the election to the returning officer by the candidate himself,
or his proposer or seconder.
If at the expiration of one hour after the time appointel for
the election no more candidates stand nominated than there are
vacancies to be filled up, the returning officer shall forthwith
declare the candidates who may stand nominated to be elected,
and return their names to the Clerk of the Crown in Chancery;
but if at the expiration of such hour more candidates stand
nominated than there are vacancies to be filled up, the returning
officer shall adjourn the election and shall take a poll in manner
in this Act mentioned.
A candidate may, during the time appointed for the election,
but not afterwards, withdraw from his candidature by giving a
notice to that effect, signed by him, to the returning officer :
I’rovided that the proposer of a candidate nominated in his
absence out of the United Kingdom may withdraw such candidate
by a written notice signed by him and delivered to the returning
officer, together with a written declaration of such absence of
the candidate.
If after the adjournment of an election by the returning officer
for the purpose of taking a poll one of the candidates nominated
shall due before the poll has commenced, the returning officer
shall, upon being satisfied of the fact of such death, countermand
notice of the poll, and all the proceedings with reference to the
election shall be commenced afresh in all respects as if the writ
had been received by the returning officer on the day on which
proof was given to him of such death; provided that no fresh
nomination shall be necessary in the case of a candidate who
stood nominated at the time of the countermand of the poll.
As to security, see p. 457; as to double nomination, see Northcote v.
Pulsford, L. R. 10 C. P. 476, and p. 441 m., post.
2. In the case of a poll at an election the votes shall be given
by ballot. The ballót of each voter shall consist of a paper (in
35 & 36 Vict.
c. 33.
Written nomi-
nation of
candidates by
proposer,
seconder, and
eight voters.
One hour for
nominating
candidates.
Candidate
withdrawing.
On death of
candidate
countermand
of poll.
Voting at poll
by ballot
papers.
432
PART W., THE ELECTION.
35 & 36 Vict,
c. 33.
Jote by Ba'lot.
* For form, see
p. 451.
Irregularities
of ballot
papers.
Opening boxes,
counting votes,
and returning
member.
Casſing vote of
retu rning
oſlicer.
Forging, &c.,
nomination
paper.
this Act called a ballot paper) showing the names and descrip-
tion of the candidates. Each ballot paper shall have a number
printed on the back, and shall have attached a counterfoil with
the same number printed on the face.* At the time of voting,
the ballot paper shall be marked on both sides with an official
mark, and delivered to the voter within the polling station, and
the number of such voter on the register of voters shall be
marked on the counterfoil, and the voter having secretly marked
his vote on the paper, and folded it up so as to conceal his vote,
shall place it in a closed box in the presence of the officer
presiding at the polling station (in this Act called “the
presiding officer”) after having shown to him the official mark
at the back.
Any ballot paper which has not on its back the official mark,
or on which votes are given to more candidates than the voter
is entitled to vote for, or on which anything, except the said
number on the back, is written or marked by which the voter
can be identified, shall be void and not counted.
After the close of the poll the ballot boxes shall be sealed up,
so as to prevent the introduction of additional ballot papers, and
shall be taken charge of by the returning officer, and that officer
shall, in the presence of such agents (if any) of the candidates
as may be in attendance, open the ballot boxes, and ascertain
the result of the poll by counting the votes given to each
candidate, and shall forthwith declare to be elected the candidates
or candidate to whom the majority of votes have been given,
and return their names to the Clerk of the Crown in Chancery.
The decision of the returning officer as to any question arising
in respect of any ballot paper shall be final, subject to reversal
on petition questioning the election or return.
Where an equality of votes is found to exist between any
candidates at an election for a county or borough, and the
addition of a vote would entitle any of such candidates to be
declared elected, the returning officer, if a registered elector of
such county or borough, may give such additional vote, but
shall not in any other case be entitled to vote at an election for
which he is returning officer.
As to the character of the mark to be made by the voter, see Woodward v.
Sºrsons, L. R. 10 C. P. 733, and p. 452, post. An action lies against the
presiding officer for not affixing the official mark by a candidate, who thereby
loses the election (Pickering v. James, L. R. 8 C. P. 489; 42 L. J. C. P. 217;
29 L. T. 210; 21 W. R. 786). The return of the names to the Clerk of the
Crown received after office hours is legally made next day (Hurdle v. Waring,
L. R. 9 C. P. 435; 43 L. J. C. P. 209).
A candidate may vote for himself.
Offences at Elections.
3. Every person who,
(1.) Forges or fraudulently defaces, or fraudulently destroys
any nomination paper, or delivers to the returning
BALLOT ACT, 1872—BALLOT OFFENCES.
433
officer any nomination paper knowing the same to be
forged ; or
(2.) Forges or counterfeits or fraudulently defaces or fraudu-
lently destroys any ballot paper, or the official mark
on any ballot paper; or
(3.) Without due authority supplies any ballot paper to any
erson; Or
(4.) Fraudulently puts into any ballot box any paper, other
than the ballot paper which he is authorized by law to
ut in ; or
(5.) Fraudulently takes out of the polling station any ballot
paper; Or
(6.) Without due authority destroys, takes, opens, or other-
wise interferes with any ballot box or packet of ballot
apers then in use for the purposes of the election;
shall be guilty of a misdemeanor, and be liable, if he is a
returning officer or an officer or clerk in attendance at a polling
station, to imprisonment for any term not exceeding two years,
with or without hard labour, and if he is any other person, to
imprisonment for any term not exceeding six months, with or
without hard labour.
Any attempt to commit any offence specified in this section
shall be punishable in the manner in which the offence itself is
punishable.
In any indictment or other prosecution for an offence in
relation to the nomination papers, ballot boxes, ballot papers,
and marking instruments at an election, the property in such
papers, boxes, and instruments may be stated to be in the
returning officer at such election, as well as the property in the
counterfoils.
4. Every officer, clerk, and agent in attendance at a polling
station shall maintain and aid in maintaining the secrecy of the
voting in such station, and shall not communicate, except for
some purpose authorized by law, before the poll is closed, to
any person any information as to the name or number on the
register of voters of any elector who has or has not applied for
a ballot paper or voted at that station, or as to the official mark,
and no such officer, clerk, or agent, and no person whosoever,
shall interfere with or attempt to interfere with a voter when
marking his vote, or otherwise attempt to obtain in the polling
station information as to the candidate for whom any voter in
such station is about to vote or has voted, or communicate at
any time to any person any information obtained in a polling
station as to the candidate for whom any voter in such station
is about to vote or has voted, or as to the number on the back
of the ballot paper given to any voter at such station. Every
officer, clerk, and agent in attendance at the counting of the
votes shall maintain and aid in maintaining the secrecy of the
Voting, and shall not attempt to ascertain at such counting the
number on the back of any ballot paper, or communicate any
35 & 36 Vict.
. c. 33.
Forging, &c.,
ballot paper.
Supplying
ballot paper.
Putting in
unauthorized
paper.
Abstracting
paper.
Interfering
with ballot
box.
Punishment.
Attempts.
Property for
purposes of
indictment.
Infringement
of secrecy by
agents, officers,
or clerks at
poll.
At counting.
2 F
434
PART V.--THE ELECTION."
35 & 36 Vict.
c. 33.
Infringement
of secrecy.
Punishment.
Polling dis-
tricts in
boroughs.
Copy of order
as to polling
districts for
Home Secro-
tary.
Definition of
localauthority.
* p. 424.
information obtained at such counting as to the candidate for
whom any vote is given in any particular ballot paper. No
person shall directly or indirectly induce any voter to display
his ballot paper after he shall have marked the same, so as to
make known to any person the name of the candidate for or
against whom he has so marked his vote.
Every person who acts in contravention of the provisions of
this section shall be liable, on summary conviction before two
justices of the peace, to imprisonment for any term not exceeding
six months, with or without hard labour.
To give the means of acquiring information has been held not “communi-
cating information” within this section (Stannamaught v. IIazeldine, 4 C. P. D.
191; 48 L. J. M. C. 89; 40 L. T. 589; 27 W. R. 620. .
Amendment of Law. -
5. The local authority (as hereinaftor defined) of every borough
shall take into consideration the division of such borough into
polling districts, and, if they think it desirable, by order, divide
such borough into polling districts in such manner as they may
think most convenient for taking the votes of the electors a
a poll. t
The local authority of every county and borough shall, on or
before the first day of May one thousand eight hundred and
seventy-three, send to one of her Majesty's principal Secretaries
of State, to be laid by him before both Houses of Parliament, a
copy of any order made by such authority in pursuance of this
section, and a report, in such form as he may require, stating
how far the provisions of this Act with respect to polling
districts have been complied with in their county or borough ;
and if they make any order after the first day of May one
thousand eight hundred and seventy-three, with respect to
polling districts or polling places in their county or borough,
they shall send a copy of such order to the said Secretary of
State, to be laid by him before both Houses of Parliament.
The local authority of a county or borough in this section
means the authority having power to divide such county or
borough into polling districts under section thirty-four of the
Itepresentation of the People Act, 1867,” and any enactments
amending that section ; and such authority shall exercise the
powers thereby given to them for the purposes of this section;
and the provisions of the said section as to the local authority
of a borough Constituted by the combination of two or more
municipal boroughs shall apply to a borough constituted by
the combination of a municipal borough and other places,
whother municipal boroughs or not ; and in the case of a
borough of which a town council is not the local authority and
which is not wholly situate within one potty sessional division,
the justices of the peace for the county in which such borough
or the larger part thereof in area is situate, assembled at some
court of general or quarter sessions, or at some adjournment
BALLOT ACT, 1872—Poi,LING DISTRICTs.
435
thereof, shall be the local authority thereof, and shall for this
purpose have jurisdiction over the whole of such borough ; and
in the case of such borough and of a county, a court of general
sessions shall be assembled within twenty-one days after the
passing of this Act, and any such court may be assembled and
adjourned from time to time for the purpose.
No election shall be questioned by reason of any non-com-
pliance with this section or any informality relative to polling
districts or polling places, and any order made by a local
authority in relation to polling districts or polling places shall
apply only to lists of voters made subsequently to its date, and
to registers of voters formed out of such lists, and to elections
held after the time at which a register of voters so formed has
come into force: Provided that where any such order is made
between the first day of July and the first day of November in
any year, and does not create any new division between two or
more polling districts of any parish for which a separate poor
rate is or can be made, such order shall apply to the register of
voters which comes into force next after such order is made,
and to elections held after that register so comes into force; and
the clerk of the peace or town clerk, as the case may be, shall
copy, print, and arrange the lists of voters for the purpose of
such register in accordance with such order.
The polling districts were arranged for the purposes of the extension of
the franchise in 1884 under s. 13 of the Registration Act, 1885, p. 173.
When a parliamentary borough includes two or more municipal boroughs, the
town council of the borough in which the nomination takes place is the local
authority (Rep. People Act, 1867, s. 34, p. 424). This section in its first
paragraph directed polling districts in counties to be arranged so that the
voter should not have to go more than four miles. This provision was
repealed by the Corrupt and Illegal Practices Act, 1883, and three miles
substituted by S. 47 of that Act, p. 494.
6. The returning officer at a parliamentary election may use,
free of charge, for the purpose of taking the poll at such
election, any room in a school receiving a grant out of moneys
provided by Parliament, and any room the expense of main-
taining which is payable out of any local rate, but he shall
make good any damage done to such room and defray any
expense incurred by the person or body of persons, corporate or
unincorporate, having control over the same on account of its
being used for the purpose of taking the poll as aforesaid.
The use of any room in an unoccupied house for the purpose
of taking the poll shall not render any person liable to be rated
or to pay any rate for such house.
Rooms are to be used in preference to booths, see p. 425.
7. At any election for a county or borough, a person shall
not be entitled to vote unless his name is on the register of voters
for the time being in force for such county or borough, and
every person whose name is on such register shall be entitled
to demand and receive a ballot paper and to vote: Provided that
nothing in this section shall entitle any person to vote who is
. 2 F 2 º
35 & 36 Vict.
c. 33.
Saving for
validity of
elections.
Use of school
and public
room for poll.
Conclusiveness
of register of
voters.
436
PAIRT V.- THE FIECTION.
35 & 36 Wict.
c. 33, s. 7.
Conclusiveness
of Registor.
Returning
oſticer to pro-
vide neces-
saries for
election.
Payment of his
expenses.
[See p. 457.]
Sheriſſ’s
deputy in
divided
counties.
Deemed re-
turning officer.
prohibited from voting by any statute, or loy the common law
of I’arliamont, or relieve such person from any penalties to
which he may be liable for voting.
This section must bo road with s. 79 of tho Registration Act, 1843 (p. 110),
which provides that “the registor of voters shull be deemed and taken to bo
conclusivo evidence that the porsons thoroin named continue to have tho
qualiſications which are annoxed to their names respectively in the register
in forco in such olection,” the provisoes limiting that enactment boing repealed
by this Act, and the offect of tho section oxtended by this section. S. 79
clearly applies only to the effect of the register at the election, and thero is
nothing in this section to extend its effect to the trial of an election petition.
Tho first words of the section “at any election ” limit its application to the
Olection, and the second of the two cases dealt with is the title “to receive a
ballot paper and voto,” showing that voting de facto and not de jure is
intonded. The contrary, howevor, has been decided in Stowe v. Jolliffe,
L. R. 9 C). P. 734; 43 II. J. Rep. C. P. 265, in which case it was hold by Cole-
ridgo, C.J., Keating and Grove, J.J., that the registor was conclusive on the
clection judge, except as enacted in the proviso. At the time of the
decision (1874) there was no appeal against it, but it might now be overruled
by the Court of Appeal, though it probably would not, having boen acted on
for more than ten years and approved in some degroo in IIayward W. Scott,
5 C. P. 1), 231 (p. 157, ante). As to voters prohibited from voting, sco note to
s. 9 of Corrupt and Illegal Practices Act, 1883, p. 470.
Whether the vote of an alien can be struck off on a scrutiny considered
(IRyder v. IIamilton, L. IR. 4 C. P. 559; 38 L. J. O. P. 260; 17 W. R. 795).
Duties of IReturning and Election Officers.
8. Subject to the provisions of this Act, every returning
officer shall provide such nomination papers, polling stations,
ballot boxes, ballot papers, stamping instruments, copios of
registor of voters, and other things, appoint and pay such
officers, and do such other acts and things as may be necessary
for effectually conducting an election in manner provided by
this Act.
All exponses properly incurred by any returning officer in
carrying into effect the provisions of this Act, in the case of
any parliamentary election, shall be payable in the same
manner as expenses incurred in the erection of polling booths
at such election are by law payable. .
Whore the sheriff is returning officer for more than one
county as doſined for the purposes of parliamentary elections,
he may, without prejudice to any other power, by writing
under his hand, appoint a fit person to be his deputy for all or
any of the purposes relating to an election in any such county,
and may, by himself or such deputy, exercise any powers and
do any things which the returning officer is authorized or
required to exercise or do in relation to such election. Every
such deputy, and also any under sheriff, shall, in so far as he
acts as returning officer, be deemed to be included in the term
returning officer in the provisions of this Act relating to par-
liamentary elections, and the enactments with which this part
of this Act is to be construed as one.
The shoriff was also allowed in divided counties to appoint a deputy by
s, 61 of the Itoform Act, p. 398.
I}ALLOT ACT, 1872—Powers or PRESIDING OFFICER.
437
9. If any person misconducts himself in the polling station,
or ſails to obey the lawful orders of the presiding officer, he may
immediately, by order of the presiding officer, be removed from
the polling station by any constable in or near that station, or
any other person authorized in writing by the returning officer
to remove him ; and the person so removed shall not, unless
with the permission of the presiding officer, again be allowed to
enter the polling station during the day.
Any person so removed as aforesaid, if charged with the
commission in such station of any offence, may be kept in
custody until he can be brought before a justice of the peace.
Provided that the powers conferred by this section shall not
be exercised so as to provent any elector who is otherwise
entitled to vote at any polling station from having an oppor-
tunity of voting at such station.
10. I'or the purpose of the adjournment of the poll,” and of
every other enactment relating to the poll, a presiding officer shall
have the power by law belonging to a deputy returning officer;
and any presiding officer and any clerk appointed by the return-
ing officer to attend at a polling station shall have the power
of asking the questions and administering the oath authorized
by law to be asked of and administered to voters, and any justice
of the peace and any returning officer may take and receive any
declaration authorized by this Act to be taken before him.
ll. Every returning officer, presiding officer, and clerk who
is guilty of any wilful misfeasance or any wilful act or omission
in contravention of this Act shall, in addition to any other
penalty or liability to which he may be subject, forfeit to any
person aggrieved by such misfeasance, act, or omission a penal
sum not exceeding one hundred pounds.
Section fifty of the Representation of the People Act, 1867 t
(which relates to the acting of any returning officer, or his
partner or clerk, as agent for a candidate), shall apply to any
returning officer or officer appointed by him in pursuance of this
Act, and to his partner or clerk.
Miscellaneous.
12. No person who has voted at an election shall, in any
legal proceeding to question the election or return, be required
to state for whom he has voted.
13. No election shall be declared invalid by reason of a non-
compliance with the rules contained in the first schedule to this
Act, or any mistake in the use of the forms in the second
schedule to this Act, if it appears to the tribunal having cog-
nizance of the question that the election was conducted in
accordance with the principles laid down in the body of this
Act, and that such non-compliance or mistake did not affect the
result of the election.
If the election is substantially an election by ballot, it will not be void
t
35 & 36 Vict.
c. 33.
Removal from
station by pre-
siding oſlicer.
If charged, to
remain in
custody.
Saving for
voter.
Powers of
presiding
officer and
clerk.
* p. 400.
Liability of
oſlicers for
misconduct.
f p. 427.
Vote need not
be disclosed.
Non-com-
pliance with
rules for
election.
[See s. 28.]
438
PART W.--THE ELECTION.
35 & 36 Vict.
c. 33.
Use of muni-
cipal ballot
boxes, &c., for
parliamentary
election, and
vice versä,
Construction
of Act.
“Tender his
vote.”
“Voting.”
“Polling
booth.”
“Proclama-
tion.”
*
Definition
and punish-
ment of
personation,
through mistake or misconduct in applying the Act (Woodward v. Sargong,
L. R. 10 C. P. 733; 44 L. J. C. P.293; 32 L. T. 867). In the Hackney
Case, 2 O'Malley and Hardcastle, 77, the election was avoided by the absence
of a poll at two stations, caused by an insufficiency of ballot boxes.
14. Where a parliamentary borough and municipal borough
occupy the whole or any part of the same area, any ballot boxes
or fittings for polling stations and compartments provided for
such parliamentary borough or such municipal borough mav be
used in any municipal or parliamentary election in such
borough free of charge, and any damage other than reasonable
wear and tear caused to the same shall be paid as part of the
expenses of the election at which they are so used. -
15. This part of this Act shall, so far as is consistent with
the tenor thereof, be construed as one with the enactments for
the time being in force relating to the representation of the
people, and to the registration of persons entitled to vote at the
election of members to serve in Parliament, and with any enact-
ments otherwise relating to the subject matter of this part of
this Act, and terms used in this part of this Act shall have the
same meaning as in the said enactments; and in construing the
said enactments relating to an election or to the poll or taking
the votes by poll, the mode of election and of taking the poll
established by this Act shall for the purposes of the said enact-
ments be deemed to be substituted for the mode of election or
poll, or taking the votes by poll, referred to in the said enact-
ments; and any person applying for a ballot paper under this
Act shall be deemed “to tender his vote,” or “to assume to
vote,” within the meaning of the said enactments; and any
application for a ballot paper under this Act, or expressions
relative thereto shall be equivalent to “voting ” in the said
enactments and any expressions relative thereto; and the term
“ polling booth" as used in the said enactments shall be deemed
to include a polling station ; and the term “proclamation * as
used in the said enactments shall be deemed to include a public
notice given in pursuance of this Act.
[16–19. Scotland and Ireland.]
[20, Application, with modifications, to municipal election of enactments
relating to the poll at parliamentary elections.]
[21. Abolition of ward assessors for municipal elections.]
[22, 23, Scotland and Ireland.]
PART III.
PERSONATION.
24. The following cnactments shall be made with respect to
personation at parliamentary and municipal elections:
A person shall for all purposes of the laws relating to parlia-
mentary and municipal elections be deemed to be guilty of the
offence of personation who at an election for a county or borough,
or at a municipal election, applies for a ballot paper in the maine
BALLOT ACT, 1872—PERSONATION.
439
of some other person, whether that name be that of a person
living or dead or of a fictitious person, or who having voted
once at any such election applies at the same election for a
ballot paper in his own name.
It shall be the duty of the returning officer to institute a
prosecution against any person whom he may believe to have
been guilty of personation, or of aiding, abetting, counselling,
or procuring the commission of the offence of personation by
any person, at the election for which he is returning officer, and
the costs and expenses of the prosecutor and the witnesses in
such case, together with compensation for their trouble and loss
of time, shall be allowed by the court in the same manner in
which courts are empowered to allow the same in cases of felony.
The provisions of the Registration Acts, specified in the third
schedule to this Act,” shall in England and Ireland respectively
apply to personation under this Act in the same manner as they
apply to a person who knowingly personates and falsely assumes
to vote in the name of another person as mentioned in the said
Acts.
For provisions as to personation agents, &c., see p. 405.
25. Where a candidate on the trial of an election petition
claiming the seat for any person, is proved to have been guilty,
by himself or by any person on his behalf, of bribery, treating,
or undue influence in respect of any person who voted at such
election, or where any person retained or employed for reward
by or on behalf of such candidate for all or any of the purposes
of such election, as agent, clerk, messenger, or any other employ-
ment, is proved on such trial to have voted at such election,
there shall, on a scrutiny, be struck off from the number of
votes appearing to have been given to such candidate one vote
for every person who voted at such election and is proved to
have been so bribed, treated, or unduly influenced, or so retained
or employed for reward as aforesaid.
A guilty intent in the voter must be proved under this section (Malcolm v.
Parry, L. R. 9 C. P. 610; 43 L. J. C. P. 331).
[26, Scotland.]
27. This part of this Act, so far as regards parliamentary
elections, shall be construed as one with “The Parliamentary
Elections Act, 1868,” and shall apply to an election for a
university or combination of universities.
As to voting by voting papers at University elections, see 24 & 25 Vict.
c. 53, and 31 & 32 Vict. c. 65, ante.
PART IV.
MISCELLANEOUS.
28. The schedules to this Act, and the notes thereto, and
directions therein, shall be construed and have effect as part of
this Act.
[29, Municipal.]
35 & 36 Wict.
c. 33.
Returning offi-
cer to prose-
cute.
Application
of Registration
Acts.
* p. 453.
Vote to be
struck off for
bribery,
treating, or
undue
influence.
Construction
of part of Act.
Effect of
schedules.
440
PART W.- 'I'III, IELECTION.
35 & 36 Viºt.
c. 33.
Application
of Act.
Saving.
Repeal of
Acts in
schedules.
Short title.
[Seo s. 28, p.
439.]
Notice of day
and place of
election.
30. This Act shall apply to any parliamentary or municipal
clection which may be held after the passing thereof.
31. Nothing in this Act, except Part III. thereof, shall apply
to any election for a university or combination of universities.
Ičepeal.
32. The Acts specified in the fourth, fifth, and sixth schedules
to this Act, to the extent spocified in the third column of those
schedules, and all other enactments inconsistent with this Act,
are hereby repealed.
I’rovided that this ropeal shall not affect—
(a.) Anything duly done or suffered under any onactment
hereby repealed; or
(b.) Any right or liability acquired, accrued, or incurred
under any enactment hereby repealed ; or
(c.) Any penalty, forfeiture, or punishment incurred in
respect of any offence committed against any enact-
ment hereby repealed ; or
(d.) Any investigation, legal proceeding, or remedy in
respect of any such right, liability, penalty, for-
feiture, or punishment as aforesaid ; and any such
investigation, legal proceeding, and remedy may be
carried on as if this Act had not passed.
33. This Act may be cited as “The Ballot Act, 1872,” and shall
continue in force till the 31st day of December, 1880, and no
longer, unless Parliament shall otherwise determine ; and on
the said day the Acts in the fourth, fifth, and sixth schedules
shall be thereupon revived; provided that such revival shall
not affect any act done, any rights acquired, any liability or
penalty incurred, or any proceeding pending under this Act,
but such proceeding shall be carried on as if this Act had
continuod in force. -
The Act has been continued by successivo “Expiring Laws Continuance
Acts,” passed at tho close of cach session of Parliament.
SCHEDULES.
FIRST SCHEDULE.
PART I.
RULES Iron PARLIAMENTARY ELECTIONS.
Jº/ection.
1. The returning officer shall, in the case of a county election, within
two days after the day on which he receives the writ, and in the case of a
borough election, on the day on which he receives the writ or the ſol-
lowing day, give public notice, between the hours of nine in the morning
and four in the afternoon, of the day on which and the place at which he
BALLOT ACT, 1872—RULES-NoMINATION.
441
will proceed to an election, and of the time appointed for the election, and
of the day on which the poll will be taken in case the election is contested,
and of the time and place at which forms of nomination papers may be
obtained, and in the case of a county election shall send one of such
notices by post under cover, to the postmaster of the principal post office
of each polling place in the county, endorsed with the words “ Notice of
election,” and the same shall be forwarded free of charge; and the post-
master receiving the same shall forthwith publish the same in the manner
in which post office notices are usually published.
2. The day of election shall be fixed by the returning officer as follows;
that is to say, in the case of an election for a county or a district borough
not later than the ninth day after the day on which he receives the writ,
with an interval of not less than three clear days between the day on
which he gives the notice and the day of election; and in the case of an
election for any borough other than a district borough not later than the
fourth day after the day on which he receives the writ, with an interval
of not less than two clear days between the day on which he gives the
notice and the day of election.
3. The place of election shall be a convenient room situate in the town
in which such election would have been held if this Act had not passed,
or where the election would not have been held in a town, then situate in
such town in the county as the returning officer may from time to time
determine as being in his opinion most convenient for the electors.
4. The time appointed for the election shall be such two hours between
the hours of ten in the forenoon and three in the aſternoon as may be
appointed by the returning officer, and the returning officer shall attend
during those two hours and for one hour after.
5. Each candidate shall be nominated by a separate nomination paper,
but the same electors or any of them may subscribe as many nomination
papers as there are vacancies to be filled, but no more (a).
6. Each candidate shall be described in the nomination paper in such
manner as in the opinion of the returning officer is calculated to suffi-
ciently identify such candidate; the description shall include his names,
his abode, and his rank, profession, or calling, and his surname shall come
first in the list of his names. No objection to a nomination paper on the
ground of the description of the candidate therein being insufficient, or not
being in compliance with this rule, shall be allowed or deemed valid, unless
such objection is made by the returning officer, or by some other person,
at or immediately after the time of the delivery of the nomination paper.
7. The returning officer shall supply a form of nomination paper to any
registered elector requiring the same during such two hours as the return-
ing officer may fix, between the hours of ten in the morning and two in
the aſternoon on each day intervening between the day on which notice of
the election was given and the day of election, and during the time
appointed for the election; but nothing in this Act shall render obligatory
the use of a nomination paper supplied by the returning officer, so, how-
ever, that the paper be in the form prescribed by this Act.
8. The nomination papers shall be delivered to the returning officer at
the place of clection during the time appointed for the election; and the
candidate nominated by each nomination paper, and his proposer and
Seconder, and one other person selected by the candidate, and no person
other than aforesaid, shall, except for the purpose of assisting the return-
(a) In Northcote v. Pulsford, L. R. papers, was allowed to add together
10 C. P. 476; 46 L. J. C. P. 217, a the votes on the two sets of ballot
candidate doubly nominated, whose | papers, though one of his nomination
name appeared on two sets of ballot papers was bad.
35 & 36 Vict.
c. 33.
Day of election.
Place of
election.
Hours of
election.
Nomination
papers.
Candidate
described in
nomination
paper.
Nomination
forms to be
supplied to
elector.
Mode of de-
livering nomi-
mation paper.
442
I?AIRT W., TIII) ELECTION.
35 & 36 Vict.
c. 33. Sched. I.
I'ulos.
**** **
Notice of day
of poll, and of
names of
candidates.
Notice of
withdrawal.
Notice of
persons
nominated.
Who deemed
nominated.
Objections to
nomination.
Day of poll.
Polling
stations.
Compart-
ments.
ing officer, be entitled to attend the proceedings during the time appointed
for the oldction.
9. Iſ the cloction is contested the returning officer shall, as Boon as
practicable after adjourning the election, givo public notice of the day on
which the poll will be taken, and of tho candidates described as in their
respective nomination papers, and of the namics of the persons who sub-
scribed the nomination paper of each candidate, and of the order in which
tho names of the candidates will be printod in the ballot paper, and, in
the case of an cloction for a county, deliver to the postmaster of the
principal post office of the town in which is situate the place of clection a
paper, signed by himself, containing the names of the candidates nomi- "
nated, and stating the day on which the poll is to be taken, and the
postmaster shall forward the information contained in such paper by
telegraph, ſrce of charge, to the soveral postal telograph offices situato in
the county ſor which the election is to be hold, and such inſormation shall
be published forth with at each such office in the manner in which post
office notices are usually published.
10. If any candidate nominated during the time appointed for the
cloction is withdrawn in pursuance of this Act, the returning officer shall
give public notice of the name of such candidate, and the names of the
persons who subscribed the nomination paper of such candidato, as well as
of the candidates who stood nominated or were clected.
11. The returning officer shall, on the nomination paper being delivered
to him, forth with publish notice of the person nominated as a candidate,
and of the namos of his proposer and seconder, by placarding or causing to
be placarded the names of the candidate and his proposer and seconder in
a conspicuous position outside the building in which the room is situate
appointed for the election.
12. A person shall not be cntitled to have his name inscrted in any
ballot !". as a candidate unless he has been nominated in manner pro-
vided by this Act, and overy person whose nomination paper has been
delivered to the returning officer during the time appointed for the election
shall be deemed to have been nominated in manner provided by this Act,
unless objection be made to his nomination paper by the returning officer
or some other porson before the expiration of the time appointed for the
election or within one hour afterwards.
13. The returning officer shall decide on the validity of every objection
made to a nomination paper, and his decision, if disallowing the objection,
shall be final; but iſ allowing the same, shall be subject to reversal on
polition questioning the election or return.
The I’ol/,
14. The poll shall take place on such day as the returning officer may
appoint, not being in the case of an election for a county or a district
borough less than two nor more than six clear days, and not being in the
caso of an election for a borough other than a district borough more than
three clear days aſter the day fixed for the election.
15. At overy polling place the returning officer shall provide a sufficient
number of polling stations for the accommodation of the electors entitled to
vote at such polling place, and shall distributo the polling stations amongst
those electors in such manner as he thinks most convenient, provided that
in a district borough there shall be at least one polling station at each con-
tributory place of such borough.
16. Iºach polling station shall bo furnished with such number of compart-
ments, in which the voters can mark their votes screened from observation,
as the returning officer thinks necesHary, Ho that at least one compartment
DALLOT ACT, 1872–1801.EB—DALLOTING.
443
be provided for overy one hundred and fifty clectors entitled to vote at
such polling station. sº
17. A separate room or Heparate booth may contain a separate polling
station, or several polling stations may be constructed in the 8ame room
or booth.
18. No porºon shall be admitted to vote at any polling station except
the one allotted to him.
19. The returning officer shall give public notice of the situation of
polling stations, and the description of voters entitled to vote at each
station, and of the mode in which electors are to vote.
20. The returning officer shall provide each polling station with
materials for voters to mark the ballot papers, with instruments for
stamping thereon the official mark, and with copies of the register of
voters, or such part thereof as contains the names of the voters allotted to
vote at such station. Ile shall keep the official mark Secret, and an
interval of not leSH than seven years shall intervene between the use of
the same official mark at elections for the same county or borough.
21. The returning officer shall appoint a presiding officer to preside at
each station, and the officer so appointed shall keep order at his station,
shall regulate the number of electors to be admitted at a time, and shall
exclude all other persons except the clerks, the agents of the candidates,
and the constables on duty §
22. I'very ballot paper shall contain a list of the candidates described
as in their respective nomination papers, and arranged alphabetically in
the order of their surnames, and (if there are two or more candidates with
the same surname) of their other names: it shall be in the form set forth
in the ScCond Schedule to this Act” or as near thereto as circumstances
admit, and shall be capable of being folded up.
23. I’very ballot box shall be so constructed that the ballot papers can
be introduced therein, but cannot be withdrawn therefrom, without the
box being unlocked. The presiding officer at any polling station, just
before the commencement of the poll, shall show the ballot box empty to
such persons (if any) as may be present in Such station, so that they may
see that it is empty, and shall then lock it up, and place his scal upon
it in such manner as to prevent its being opened without breaking such
Seal, and shall place it in his view for the receipt of ballot papers, and
keep it 80 locked and Healed.
24. Immediately before a ballot paper is delivered to an elector it shall
be marked on both sides with the official mark, either stamped or per-
forated, and the number, name, and description of the elector as stated in
the copy of the register shall be called out, and the number of such elector
shall be marked on the counterfoil, and a mark shall be placed in the
register against the number of the elector, to denote that he has received
a ballot paper, but without showing the particular ballot paper which
he has received (b).
25. The elector, on receiving the ballot paper, shall forthwith proceed
into one of the compartments in the polling station, and there mark his
paper, and ſold it up so as to conceal his vote, and shall then put his
ballot papor, so ſolded up, into the ballot box; he shall vote without
undue delay, and shall quit the polling station as soon as he has put his
ballot paper into the ballot box.
is not conclusive that the voter has
voted, or not voted (Ryder v. 11amilton,
L. R. 4 C. P. 559; 38 L. J. C. P. 260;
17 W. R. 795).
(a) But the candidate has a right to
be present in virtue of his candidature
(Clementson v. Mason, L. R. 10 C. P.
209; 44 L. J. C. P. 171).
(b) On a scrutiny the marked register
35 & 36 Vict.
c. 33.
Notice of
stations.
Materials for
voting.
Presiding
officer.
The ballot
paper.
* p. 451.
The ballot box.
Sealing.
l?rocedure on
delivering
paper to voter.
Procedure by
Voter.
444
PART W.—THE EIECTION.
35 & 36 Vict.
c. 33, Sched. I.
JRules.
Blind and
illiterate
persons, and
Jews.
Declaration of
illiteracy.
Tendered
ballot paper.
Spoilt ballot
paper.
Making up
packets at
close of poll.
26. The presiding officer, on the application of any voter who is in-
capacitated by blindness or other physical cause from voting in manner
prescribed in this Act, or (if the poll be taken on Saturday) of any voter
who declares that he is of the Jewish persuasion (a), and objects on religious
grounds to vote in manner prescribed by this Act, or of any voter who
makes such a declaration as º, mentioned that he is unable to
read, shall, in the presence of the agents of the candidates, cause the vote
of such voter to be marked on a ballot paper in manner directed by such
voter, and the ballot paper to be placed in the ballot box, and the name
and number on the register of voters of every voter whose vote is marked
in pursuance of this rule, and the reason why it is so marked, shall be
entered on a list in this Act called “the list of votes marked by the pre-
siding officer.”
The said declaration, in this Act referred to as “the declaration of
inability to read,” shall be made by the voter at the time of polling, before
the presiding officer, who shall attest it in the form hereinafter mentioned,
and no fee, stamp, or other payment shall be charged in respect of such
declaration, and the said declaration shall be given to the presiding officer
at the time of voting.
27. If a person, representing himself to be a particular elector named on
the register, applies for a ballot paper after another person has voted as
such elector, the applicant shall, upon duly answering the questions and
taking the oath permitted by law to be asked of and to be administered to
voters at the time of polling, be entitled to mark a ballot paper in the
same manner as any other voter, but the ballot paper (in this Act called
a tendered ballot paper) shall be of a colour differing from the other ballot
papers, and instead of being put into the ballot box, shall be given to the
presiding officer and endorsed by him with the name of the voter and his
number in the register of voters, and set aside in a separate packet, and
shall not be counted by the returning officer. And the name of the voter
and his number on the register shall be entered on a list, in this Act called
the tendered votes list.
28. A voter who has inadvertently dealt with his ballot paper in such
manner that it cannot be conveniently used as a ballot paper, may, on
delivering to the presiding officer the ballot paper so inadvertently dealt
with, and proving the fact of the inadvertence to the satisfaction of the
presiding officer, obtain another ballot paper in the place of the ballot
paper so delivered up (in this Act called a spoilt ballot paper), and the
spoilt ballot paper shall be immediately cancelled.
29. The presiding officer of each station, as soon as practicable after the
close of the poll, shall, in the presence of the agents of the candidates,
make up into separate packets sealed with his own seal and the Seals of
such agents of the candidates as desire to affix their seals, —
(1.) Each ballot box in use at his station, unopened but with the key
attached; and
(2.) The unused and spoilt ballot papers, placed together; and
(3.) The tendered ballot papers; and
(4.) The marked copies of the register of voters, and the counterſoils of
the ballot papers; and
(5.) The tendered votes list, and the list of votes marked by the pre-
siding officer, and a statement of the number of the voters whose
votes are so marked by the presiding officer under the heads
“ physical incapacity,” “Jews,” and “unable to read,” and the
- declarations of inability to read;
and shall deliver such packets to the returning officer.
(a) The Jewish religion prohibits writing on Sunday, but not dictation.
BALLOT ACT, 1872—RULES-CountſNG.
445
30. The packets shall be accompanied by a statement made by such
presiding officer, showing the number of ballot papers entrusted to him,
and accounting for them under the heads of ballot papers in the ballot
box, unused, spoilt, and tendered ballot papers, which statement is in this
Act referred to as the ballot paper account.
Counting Votes.
31. The candidates may respectively appoint agents to attend the
counting of the votes.
32. The returning officer shall make arrangements for counting the
votes in the presence of the agents of the candidates as soon as practicable
after the close of the poll, and shall give to the agents of the candidates
appointed to attend at the counting of the votes notice in writing of the
time and place at which he will begin to count the same.
33. The returning officer, his assistants and clerks, and the agents of
the candidates, and no other person, except with the Sanction of the
returning officer, may be present at the counting of the votes.
34. Before the returning officer proceeds to count the votes, he shall, in
the presence of the agents of the candidates, open each ballot box, and,
taking out the papers therein, shall count and record the number thereof,
and them mix together the whole of the ballot papers contained in the
ballot boxes. The returning officer, while counting and recording the
number of ballot papers and counting the votes, shall keep the ballot
papers with their faces upwards, and take all proper precautions for
preventing any person from Seeing the numbers printed on the backs of
such papers.
35. The returning officer shall, so far as practicable, proceed continuously
with counting the votes, allowing only time for refreshment, and excluding
(except so far as he and the agents otherwise agree) the hours between
seven o'clock at night and nine o'clock on the succeeding morning. During
the excluded time the returning officer shall place the ballot papers and
other documents relating to the election under his own seal and the seals
of such of the agents of the candidates as desire to affix their seals, and
shall otherwise take proper precautions for the Security of such papers and
documents.
36. The returning officer shall endorse “rejected” on any ballot paper
which he may reject as invalid, and shall add to the endorsement “rejec-
tion objected to,” if an objection be in fact made by any agent to his
decision. The returning officer shall report to the Clerk of the Crown in
Chancery the numbers of ballot papers rejected and not counted by him
under the several heads of
1. Want of official mark;
2. Voting for more candidates than entitled to;
3. Writing or mark by which voter could be identified;
4. Unmarked or void for uncertainty;
and shall on request allow any agents of the candidates, before such report
is sent, to copy it.
37. Upon the completion of the counting, the returning officer shall seal
up in separate packets the counted and rejected ballot papers. He shall
not open the sealed packet of tendered ballot papers or marked copy of
the register of voters and counterfoils, but shall proceed, in the presence of
the agents of the candidates, to verify the ballot paper account given by
each presiding officer by comparing it with the number of ballot papers
recorded by him as aforesaid, and the unused and spoilt ballot papers in
his possession and the tendered votes list, and shall reseal each sealed
35 & 36 Vict,
c. 33.
The ballot
paper account,
Counting
agents.
Notice of
counting.
Who present.
Before count-
ing. -
While count-
ing.
Hours for
counting.
Rejection of
ballot papers.
Reporting
rejections.
After counting.
Verifying bal-
lot paper
accounts.
446
PART W., THE ELECTION.
35 & 36 Vict.
c. 33, Sched. I.
Rules,
Reporting veri-
fication.
-----
Documents for-
warded to
Clerk of
Crown.
Action of Clerk
of the Crown.
Inspection of
rejected ballot
papers.
Inspection of
counterfoils
and ballot
papers.
Inspection of
other docu-
ments.
packet after examination. The returning officer shall report to the Clerk
of the Crown in Chancery the result of such verification, and shall, on
request, allow any agents of the candidates, before such report is sent, to
copy it.
38. Lastly, the returning officer shall forward to the Clerk of the Crown
in Chancery (in manner in which the poll books are by any existing
enactment required (a) to be forwarded to such clerk, or as near thereto as
circumstances admit) all the packets of ballot papers in his possession,
together with the said reports, the ballot paper accounts, tendered votes
lists, lists of votes marked by the presiding officer, statements relating
thereto, declarations of inability to read, and packets of counterfoils, and
marked copies of registers, sent by each presiding officer, endorsing on
each packet a description of its contents and the date of the election to
which they relate, and the name of the county or borough for which
such election was held ; and the term poll book in any such enactment
shall be construed to include any document forwarded in pursuance of
this rule.
39. The Clerk of the Crown shall retain for a year all documents
relating to an election forwarded to him in pursuance of this Act by a
returning officer, and then, unless otherwise directed by an order of the
House of Commons, or of one of her Majesty’s Superior Courts, shall
cause them to be destroyed.
40. No person shall be allowed to inspect any rejected ballot papers
in the custody of the Clerk of the Crown in Chancery, except under the
order of the House of Commons or under the order of one of her
Majesty's Superior Courts, to be granted by such Court on being satisfied
by evidence on oath that the inspection or production of such ballot
papers is required for the purpose of instituting or maintaining a prosecu-
tion for an offence in relation to ballot papers, or for the purpose of a peti-
tion questioning an election or return ; and any such order for the
inspection or production of ballot papers may be made subject to such
conditions as to persons, time, place, and mode of inspection or produc-
tion as the House or court making the same may think expedient, and
shall be obeyed by the Clerk of the Crown in Chancery. Any power
given to a court by this rule may be exercised by any judge of such
court at chambers.
41. No person shall, except by order of the House of Commons or any
tribunal having cognizance of petitions complaining of undue returns or
undue elections, open the sealed packet of counterfoils after the same has
been once sealed up, or be allowed to inspect any counted ballot papers
in the custody of the Clerk of the Crown in Chancery ; such order may
be made subject to such conditions as to persons, time, place, and mode
of opening or inspection as the House or tribunal making the order may
think expedient ; provided that on making and carrying into effect any
such order, care shall be taken that the mode in which any particular
elector has voted shall not be discovered until he has been proved to
have voted, and his vote has been declared by a competent court to be
invalid.
42. All documents forwarded by a returning officer in pursuance of
this Act to the Clerk of the Crown in Chancery, other than ballot papers
and counterfoils, shall be open to public inspection at such time and
under such regulations as may be prescribed by the Clerk of the Crown
in Chancery, with the consent of the Speaker of the House of Commons,
and the Clerk of the Crown shall supply copies of or extracts from the
(a) For the manner of forwarding the poll books, see Registration Act, 1843,
S. 93, p. 408,
BALLOT ACT, 1872—RULES-RETURN.
447
said documents to any person demanding the same, on payment of such
fees and subject to such regulations as may be Sanctioned by the
Treasury.
43. Where an order is made for the production by the Clerk of the
Crown in Chancery of any document in his possession relating to any
specified election, the production by such clerk or his agent of the docu-
ment ordered, in such manner as may be directed by such order, or by a
rule of the court having power to make such order, shall be conclusive
evidence that such document relates to the specified election; and any
endorsement appearing on any packet of ballot papers produced by such
Clerk of the Crown or his agent shall be evidence of such papers being
what they are stated to be by the endorsement. The production from
proper custody of a ballot paper purporting to have been used at any
election, and of a counterfoil marked with the same printed number and
having a number marked thereon in writing, shall be primá facie evidence
that the person who voted by such ballot paper was the person who at
the time of such election had affixed to his name in the register of voters
at such election the same number as the number written on such
counterfoil.
General Provisions.
44. The return of a member or members elected to serve in Parliament
for any county or borough shall be made by a certificate of the names of
such member or members under the hand of the returning officer endorsed
on the writ of election for such county or borough, and such certificate
shall have effect and be dealt with in like manner as the return under the
existing law, and the returning officer may, if he think fit, deliver the
writ with such certificate endorsed to the postmaster of the principal post
office of the place of election, or his deputy, and in that case he shall fake
a receipt from the postmaster or his deputy for the same; and such post-
master or his deputy shall then forward the same by the first post, free of
charge, under cover, to the Clerk of the Crown, with the words “Election
Writ and Return' endorsed thereon.
45. The returning officer shall, as soon as possible, give public notice of
the names of the candidates elected, and, in the case of a contested
election, of the total number of votes given for each candidate, whether
elected or not.
46. Where the returning officer is required or authorized by this Act to
give any public notice, he shall carry such requirement into effect by
advertisements, placards, handbills, or such other means as he thinks best
calculated to afford information to the electors.
47. The returning officer may, if he thinks fit, preside at any polling
station, and the provisions of this Act relating to a presiding officer shall
apply to such returning officer with the necessary modifications as to
things to be done by the returning officer to the presiding officer, or the
presiding officer to the returning officer.
48. In the case of a contested election for any county or borough, the
returning officer may, in addition to any clerks, appoint competent persons
to assist him in counting the votes.
49. No person shall be appointed by a returning officer for the purposes
of an election who has been employed by any other person in or about the
election.
50. The presiding officer may do, by the clerks appointed to assist him,
any act which he is required or authorized to do by this Act at a polling
station except ordering the arrest, exclusion, or ejection from the polling
station of any person.
35 & 36 Vict.
c. 33.
Production
identifies docu-
ment.
Endorsement
evidence.
Ballot paper
and counterfoil
evidence of
identity with
Vote on
register.
Making return.
By post.
Notice of
result.
Mode of giving
notice,
Returning offi-
cer as presiding
officer.
Counting
assistants.
Presiding offi-
cer’s delega-
tion.
448
PART W., TIHE ELECTION.
35 & 36 Vict.
c. 33.
Sandidate's
rights.
Names, &c., of
counting
agents notified
to returning
officer.
Substituting
counting
agent.
Declaration of
secrecy.
* p. 452.
Absence of
agent not to
invalidate.
Teckoning
time.
District,
borough.
f p. 251.
&
“Polling
place.”
“Agents.”
1 p. 405.
51. A candidate may himself undertake the duties which any agent of
his if appointed might have undertaken, or may assist his agent in the
performance of such duties, and may be present at any place at which his
agent may, in pursuance of this Act, attend.
52. The name and address of every agent of a candidate appointed to
attend the counting of the votes shall be transmitted to the returning
officer one clear day at the least before the opening of the poll; and
the returning officer may refuse to admit to the place where the
votes are counted any agent whose name and address has not been so
transmitted, notwithstanding that his appointment may be otherwise
valid, and any notice required to be given to an agent by the returning
officer may be delivered at or sent by post to such address.
53. If any person appointed an agent by a candidate for the purposes of
attending at the polling station or at the counting of the votes dies, or
becomes incapable of acting during the time of the election, the candidate
may appoint another agent in his place, and shall forth with give to the
returning officer notice in writing of the name and address of the agent so
appointed.
54. Every returning officer, and every officer, clerk, or agent authorized
to attend at a polling station, or at the counting of the votes, shall, before
the opening of the poll, make a statutory declaration of secrecy,” in the
presence, if he is the returning officer, of a justice of the peace, and if he
is any other officer or an agent, of a justice of the peace or of the returning
officer; but no such returning officer, clerk, or agent as aforesaid
shall, save as aforesaid, be required, as such, to make any declaration or
take any oath on the occasion of any election.
55. Where in this Act any expressions are used requiring or authorizing
or inferring that any act or thing is to be done in the presence of the
agents of the candidates, such expressions shall be deemed to refer to the
presence of such agents of the candidates as may be authorized to attend,
and as have in fact attended, at the time and place where such act or thing
is being done, and the non-attendance of any agents or agent as such time
and place shall not, if such act or thing be otherwise duly done, in any-
wise invalidate the act or thing done.
56. In reckoning time for the purposes of this Act, Sunday, Christmas
Day, Good Friday, and any day set apart for a public fast or public
thanksgiving, shall be excluded: and where anything is required by this
Act to be done on any day which falls on the above-mentioned days such
thing may be done on the next day, unless it is one of the days excluded
as above mentioned.
57. In this Act—
The expression “district borough " means the borough of Monmouth
and any of the boroughs specified in Schedule E. to the Act of
the session of the second and third years of the reign of King
William the Fourth, chapter forty-five, intituled “An Act to
amend the Representation of the People in England and Wales”; f
and
The expression “polling place " means, in the case of a borough, such
borough or any part thereof in which a separate booth is required
or authorized by law to be provided; and
The expression “agents of the candidates,” used in relation to a
polling station, means agents appointed in pursuance of section
eighty-five of the Act of the session of the sixth and seventh years
of the reign of her present Majesty, chapter eighteen.j.
[58–63. Scotland and Ireland.]
ForMs of BALLOT ACT, 1872—WRIT.
449
PART II.
[64-66. Municipal.]
SECOND SCHEDULE.
Note.—The forms contained in this schedule, or forms as nearly re-
sembling the same as circumstances will admit, shall be used in all cases
to which they refer and are applicable, and when so used shall be sufficient
in law.
Writ for a County or Borough at a Parliamentary Election.
.*Victoria, by the Grace of God, of the United Kingdom of Great Britain
and Ireland, Queen, Defender of the Faith, to the f of the
county [or borough] of greeting:
† Whereas by the advice of our Council we have ordered a Parliament
to be holden at Westminster on the day of
next. We command you that, notice of the time and place of election
being first duly given, you do cause election to be made according to law
of members [or a member] to serve in Parliament for the
said county [or the division of the said county, or the
borough, or as the case may be] of § and that you do cause
the names of such members [or member] when so elected, whether they
[or hel be present or absent, to be certified to us, in our Chancery, without
delay.
Witness ourself at Westminster, the day of
in the year of our reign, and in the year of our
Lord, 18 .
Label or direction of Writ.
To the f of º
A writ of a new election of members [or member] for the said county
[or division of a county or borough, or as the case may be].
Endorsement.
Received the within writ on the day of 18
(Signed) A.B.,
High Sheriff [or Sheriff, or Mayor, or as the case may be].
Certificate endorsed on the Writ.
I hereby certify, that the members [or mémber] elected for
in pursuance of the within-written writ, are [or is] A.B. of
in the county of and C.D. of
of º
in the county
(Signed) A.B.,
High Sheriff [or Sheriff, or Mayor, or as the case may be].
Note.—A separate writ will be issued for each county as defined for the
purposes of a parliamentary election. , 7
Form of Notice of Parliamentary Election.
The returning officer of the of will, on the
day of
of and
now next ensuing, between the hours
, proceed to the nomination, and, if
35 & 36 Vict.
c. 33.
[See s. 28,
p. 439.]
* The name of
the Sovereign
may be altered
when necessary.
# Insert
“sheriff’’ or
other returning
officer.
† This pre-
amble to be
omitted eaccept
in case of a
general
election.
§ Eaccept in
a general
election, insert
here in the
place of A. B.,
deceased, or
otherwise,
stating the
cause of
vacancy.
2 G
450
PART W., TIII) ELECTION.
35 & 36 Wict. c.
33., Sched. II.
* Note.—In-
sert description
of place and
l'OOll].
there is no opposition, to the election, of a member [or members] for the
said county [or division of a county, or borough] at the * e
I'orms of nomination paper may be obtained at *, between
the hours of and Oll ſº
Every nomination paper must be signed by two registered electors as
proposer and seconder, and by eight other registered electors as assenting
to the nomination.
Every nomination paper must be delivered to the returning officer by
the candidate proposed, or by his proposer and seconder, between the said
hours of and on the said day
of at the said *.
Each candidate nominated, and his proposer and seconder, and one
other person selected by the candidate, and no other persons, are entitled
to be admitted to the room.
In the event of the election being contested, the poll will take place on
the day of tº
(Signed) A.B.,
Sheriff [or Mayor, or as the case may be].
day of 18 .
Take notice, that all persons who are guilty of bribery, treating, undue
influence, personation, or other corrupt practices, or any illegal practice, (a)
at the said election will, on conviction of such offence, be liable to the
penalties mentioned in that behalf in “The Corrupt Practices Prevention
Act, 1854,” “The Corrupt and Illegal Practices Prevention Act, 1883,” (a)
and the Ballot Act, 1872, and the Acts amending the said Acts.
IForm of Nomination Paper in Parliamentary Election.
We, the undersigned A.B. of in the of
and C.D. of in the of 2
being electors for the of , do hereby nominate
the following person as a proper person to serve as member for the said
in Parliament :

Abode. Rank, Profession,
Surname. Other Names. e
or Occupation.
I3ROWN . JoHN . . . . 52 George Street, Merchant.
|Bristol
O)"
JONES . . . WILLIAM DAVID . High Elms, Wilts. Esquire.
O)"
MERTON . Hon, GEORGI, TRA- | Swanworth, Berks Wiscount.
VIS, commonly
called Wiscount
O)"
SMITH . . IIENRY SYDNEY . 72 High St., Bath Attorney.
(Signed) A.B.
- C.D.
(a). Inserted by the Corrupt and Act, 1875, a further motification is to
Illegal Practices Act, 1883, s. 62, subs. be added (p. 460).
3 (p. 500). By the Returning Oſlicer's
ForM8 of BALLOT ACT, 1872—BALLOT PAPER. 451
We, the undersigned, being registered electors of the 35 & 36 Vict.
do hereby assent to the nomination of the above-mentioned John Brown c. 33.
as a proper person to serve as member for the said in —
Parliament.
(Signed) JE. It'. Of
G. H. Of
J.J. of
JC.J. of
M. N. Of
(). I?. Of
Q. If, of
S. T. Of
Note.—Where a candidate is an Irish peer, or is commonly known by
some title, he may be described by his title as if it were his surname.
IForm of Nominalion in Municipal Election.
Note.—The form of nomination paper in a municipal election shall as
nearly as circumstances admit be the same as in the case of a parlia-
mentary election.
£3. Jorm of JBallot Paper. Counterfoil
- No,
(C3) Form of Front of Ballot Paper. O
(Cº3D
§ IBROWN
£º 1 (John Brown, of 52 George Street,
3. Bristol, merchant.)
(C332.
(Cººk
>>zzº)
C3333)
à JONES
à 2 (William David Jones, of High
§ ã. Elms, Wilts, Esq.)
£3. N Th
32 – – OTE. – IV:42
3. counterfoil is
Cºzzº) MERTON to have a
à W_ _ _ _ _ = number to
3) 3 (Hon. George Travis, commonly correspond
- 3. called Wiscount Merton, of Swan- with that cºn
>223) worth, Berks.) the back of the
$3 3. Ballot Paper.
Ç33)
- § SMITH
# 4 (Henry Sidney Smith, of 72 High
3. Street, Bath, attorney.)
Form of Back of Ballot Paper.
No.
Election for county [or borough, or ward].
18 .
- e * * * < * ,
Note:-The number on the ballot paper is to correspond with that, ip, . . . . ;
the counterfoil, ; : ...; ; ; ; ;
tº
2 (; 2 * *

452
I’ART W.--THE ELECTION.
35 & 36 Vict.
c. 33, Sched. II.
* *-*--- ~~~~~~~~<------> ...— ... -------,
Forms (Ballot
Paper.)
Directions as to printing Ballot Paper.
Nothing is to be printed on the ballot paper except in accordance with
this schedule.
The surname of each candidate, and, if there are two or more candidates
of the same surname, also the other names of such candidates, shall be
printed in large characters, as shown in the form, and the names, ad-
dresses, and descriptions, and the number on the back of the paper, shall
be printed in Small characters,
IForm of Directions for the Guidance of the Voter in voting, which shall
be printed in conspicuous Characters, and placarded outside every
l'olling Station and in every Compartment of every Polling Station.
The voter may vote for candidate
The voter will go into one of the compartments, and, with the pencil
provided in the compartment, place a cross on the right-hand side, opposite
the name of each candidate for whom he votes, thus X.
The voter will then fold up the ballot paper so as to show the official
mark on the back, and leaving the compartment will, without showing
the front of the paper to any person, show the official mark on the back
to the presiding officer, and them, in the presence of the presiding officer,
put the paper into the ballot box, and forthwith quit the polling
station.
If the voter inadvertently spoils a ballot paper, he can return it to the
officer, who will, if satisfied of such inadvertence, give him another
paper.
If the voter votes for more than candidate, or places any mark
on the paper by which he may be afterwards identified, his ballot paper
will be void, and will not be counted.
If the voter takes a ballot paper out of the polling station, or deposits
in the ballot box any other paper than the one given him by the officer,
he will be guilty of a misdemeanor, and be subject to imprisonment for
any term not exceeding six months, with or without hard labour.
Note.—These directions shall be illustrated by examples of the ballot
paper.
ſº Note.] These directions need only be substantially obeyed. A
ballot paper marked with the name of the voter, or his initials, or his number
on the register, is bad; but a single stroke, or a star, or a blurred cross, and
much more two or three crosses, are all good, in the absence of ovidence of
corrupt pro-arrangement : Woodward v. Sarsons, L. R. 10 C. P. 733; 44
L. J. O. P. 293, dissenting from Haswell v. Stewart, 2 O'Malley and
Hardcastle, 215, which would not be followed in English Courts.
A mark on the left of the line is good : see Sheil v. Ennis, 8 Ir, C. L. 240;
but a mark on the back only is bad : see McLaren v. Home, 3 O'Malley and
Hardcastle, 182.
Form of Statutory Declaration of Secrecy.
I Solemnly promise and declare, That I will not at this election
for do anything forbidden by section four of The
Ballot Act, 1872, which has been read to me.
. . ." Notº-The section must be read to the declarant by the person taking
• ‘the declaration,
BALLOT ACT, 1872—REPEALs. 453
*
35 & 36 Wict.
Form of Declaration of inability to read. c. 33.
I, A.B., of , being numbered on the Register
of Voters for the county [or borough] of , do hereby
declare that I am unable to read.
A.B., his mark.
day of &
I, the undersigned, being the presiding officer for the
polling station for the county [or borough] of , do hereby
certify that the above declaration, having been first read to the above-
named A.B., was signed by him in my presence with his mark.
Signed, C. D.
Presiding officer for polling station
for the county [or borough] of º
day of tº
THIRD SCHIEDULE.
Provisions of Registration Acts referred to in Part III. of the
# foregoing Act.
Session and Chapter. Title. Part applied.
As to England.
6 & 7 Vict. c. 18 . . An Act to amend the law Sections eighty-five to

for the registration of eighty-nine, both
persons entitled to vote, inclusive.
and to define certain
rights of voting, and to
regulate certain pro-
ceedings in the elections
of members to serve in
Parliament for England
and Wales.
FOURTH SCHEDULE. [See s. 32,
p. 440.]
Acts relating to England.
NoTE.—This schedule, so far as respects Acts prior to the tenth year of
the reign of George the Third, refers to the edition prepared under
the direction of the Lord Chancellor, intituled “The Statutes, Revised
Edition.” -
A description or citation of a portion of an Act is inclusive of the words,
section, or other part first or last mentioned, or otherwise referred to
as forming the beginning or as forming the end of the portion com-
prised in the description or citation.
Portions of Acts which have already been specifically repealed, are in some
instances included in the repeal in this schedule, in order to preclude
henceforth the necessity of looking back to previous Acts,
454
l?AIRT V.- THE EIIRCTION.
.35 & 36 Vict.
c. 38,
Sched. IV.
Jºnactments re-
pealed by
Iłallot Act.
*** ***-4** - * * ***.x r- ~~~~-as-sº
7 IIen. 4. Chapter fifteen.
8 Ilen. 6. Chapter seven, from “and such as have the greatest number”
to “shall lose their wages” and from “and that in every writ that
shall hereafter go forth " to the end of the chapter.
23 Ilen. 6. Chapter fourteon.
7 & 8 Will. 3, c. 25. (An Act for the further regulating clections of
members to serve in Parliament, and for the preventing irregular
proceedings of sheriffs and other officers in the electing and returning
such members.) Sections three and four, and section five down to
“writing the same.”
(a) 10 Will. 3, c. 7. (An Act for preventing irregular proceedings of
sheriffs and other officers in making the returns of members chosen to
serve in Parliament.) So much as is unrepealed.
2 Geo. 2, c. 24. (An Act for the more effectual proventing bribery and
corruption in the elections of members to serve in Parliament.)
Sections three and nine.
18 Goo. 2, c. 18. (An Act to explain and amend the laws touching the
elections of knights of the shire to serve in Parliament for that part
of Great Britain called England.) Section five from “ or shall vote more
than once,” to the end of that section, and Scotions nine to sixteen.
19 Geo. 2, c. 28. (An Act for the better regulating of elections of
members to serve in l’arliament for such cities and towns in that
part of Great Britain called England as are counties of themselves.)
Section four, from “ or shall vote more than once,” to end of that
section, and sections six to twelve.
3 Goo. 3, c. 15. (An Act to prevent occasional freemen from voting at
elections of members to serve in Parliament for cities and boroughs.)
Section seven.
11 Geo. 3, c. 55. (An Act the title of which begins with the words “An
Act to incapacitate,” and ends with the words “New Shoreham, in
the county of Sussex.”) The whole Act.
21 Geo. 3, c. 54. (An Act for the better regulating elections of citizens
to serve in Parliament for the city of Coventry.) Sections seven to
mino and fourteen.
22 Geo. 3, c. 31. (An Act for the preventing of bribery and corruption in
the election of members to serve in Parliament for the borough of
Cricklade in the county of Wilts.) The whole Act.
25 Geo. 3, c. 84. (An Act the title of which begins with the words “An
Act to limit the duration,” and ends with the words “to serve in
Parliament.”) The whole Act, except section one down to “make
a return of such person or persons,” and section three in so far as
that part of a section and section relate to the Universities.
33 Geo. 3, c. 64. (An Act the title of which begins with the words “An
Act to explain and amend an Act,” and ends with the words “time
and place of election.”) The whole Act, except so far as it relates
to the Universities.
34 Geo. 3, c. 73. (An Act for directing the appointment of Commis-
Sioners to administer certain oaths and declarations required by law
to be taken and made by persons offering to vote at the election of
mombers to serve in Parliament.) The whole Act.
42 Geo. 3, c. 62. (An Act for extending the provisions of an Act made
in the thirty-fourth year of the reign of his present Majesty, intituled
“An Act for directing the appointment of Commissioners to adminis-
tor certain oaths and declarations required by law to be taken and
made by persons offering to vote at the election of members to serve
(a) 10 & 1 I Will. 3, in running headings in ordinary editions.
BALLOT ACT, 1872—ENACTMENTS REPEALED.
455
in Parliament,” to all oaths now required by law to be taken by voters
at elections for members to serve in Parliament.) The whole Act.
43 Geo. 3, c. 74. (An Act for further regulating the administration of the
oath or affirmation required to be taken by electors of members to
serve in Parliament, by an Act passed in the second year of King
George the Scoond, intituled “An Act for the more effectual prevent-
ing bribery and corruption in the election of members to serve in
Parliament.”) The whole Act.
44 Geo. 3, c. 60. (An Act for the preventing of bribory and corruption
in the election of members to serve in Parliament for the borough of
Aylesbury in the county of Buckingham.) The whole Act.
11 Geo. 4 & 1 Will. 4, c. 74. (An Act to prevent bribery and corruption
in the election of burgesses to serve in Parliament for the borough of
Iºast Retford.) The whole Act.
2 & 3 Will. 4, c. 45. (An Act to amend the representation of the people
in Iºngland and Wales.) Sections fifty-eight to sixty; sections
sixty-two, sixty-three, sixty-five, sixty-seven ; part of section sixty-
eight, namely, from “shall if required thereby’’ down to “poll at
each compartment, and,” and from “and in case the booths shall
be situated in different places” to “lawfully closed;” and section
sixty-nine ; and section seventy-one from “and that all deputies” to
“candidates at such election,” and ſrom “provided also, that the
sheriff" to the end of the section ; and sections seventy-two,
seventy-three, and seventy-four.
2 & 3 Will. 4, c. 64. (An Act to settle and describe the divisions of
counties and the limits of cities and boroughs in England and Wales,
in So far as respects the election of members to serve in Parliament.)
Sections twenty-nine to thirty-three, and so much of section thirty-
four as relates to taking the poll.
5 & 6 Will. 4, c. 36. (An Act to limit the time of taking the poll in
boroughs at contested clections of members to serve in Parliament to
one day.) The whole Act, except section two, down to “in the
forenoon,” and from “and the polling” to “in the afternoon;” and
Sections seven to nine.
5 & 6 Will. 4, c. 76. (An Act to provide for the regulation of municipal
corporations in England and Wales.) The words “openly assemble
and ” in section thirty ; section thirty-two from “by delivering to
the mayor and assessors” to the end of that section, and so much
of the rest of that section as relates to assessors; section thirty-three
from “and shall be so divided” to “poll at each compartment, and,”
and from “and in case the booths” to “at each place;” the words
“Are you the person whose name is signed as A.B. to the voting
paper now delivered in by you” in section thirty-four, and section
thirty-five from “and the mayor shall cause the voting papers” to
end of that Section, and so much of the rest of that section as
relates to assessors; and so much of sections forty-three, forty-four,
and forty-six as relates to assessors.
6 & 7 Will. 4, c. 102. (An Act for rendering more easy the taking the
poll at county elections.) The whole Act.
6 & 7 Vict. c. 18. (An Act to amend the law for the registration of
persons entitled to vote and to define certain rights of voting, and to
regulate certain proceedings, in the election of members to serve in
l'arliament for Ingland and Wales.) Section seventy-nine from
“I’rovided always, that it shall not be lawful” to end of that section;
section eighty ; so unuch of section cighty-one as relates to a com-
missioner or commissioners; sections eighty-three, cighty-four, and
35 & 36 Vict,
c. 33.
456
I’ART W., THIS EI, ECTION.
35 & 36 Vict,
c. 33,
Sched. IV.
Jºnactments
wepealed by
JBallot Act.
38 & 39 Vict,
c. 84.
ninety-one, sections ninety-four to ninety-six, and sections ninety-
eight and ninety-nine.
16 & 17 Vict. c. 15. (An Act to limit the time of taking the poll in
counties at contested elections for knights of the shire to serve in
Parliament in Ingland and Wales to one day.) The whole Act,
cxcept section two, down to “in the afternoon of such day,” and
Section threo.
16 & 17 Vict. c. 68. (An Act to limit the time for proceeding to election
in counties and boroughs in I}ngland and Wales, and for polling at
elections for the Universities of Oxford and Cambridge, and for other
purposes.) Scotions two, three, seven, and eight.
17 & 18 Vict. c. 102. (“The Corrupt Practices Prevention Act, 1854.”)
Section cleven and Schedule B.
22 Vict. c. 35. (“The Municipal Corporation Act, 1859.”) So much of
Hection Hoven as relates to the form of nomination paper, and so much
of section eight as relates to assessors.
25 & 26 Vict. c. 95. (An Act to amend the law relating to polling places
in the boroughs of Now Shoreham, Cricklade, Aylesbury, and East
Retford.) The whole Act.
30 & 31 Vict. c. 102. (“The Representation of the People Act, 1867.”)
Section thirty-five ; section thirty-seven from “whore in any place ’’
to end of that Scotion; section thirty-nine.
31 & 32 Vict. c. 58. (“The l’arliamentary Electors Registration Act,
1868,”) Sections four to sixteen, twenty-ſour, twenty-six, thirty-
four, and thirty-six.
31 & 32 Vict. c. 125. (“The Parliamentary I’llections Act, 1868.”)
Section forty from “provided always,” to the end of that section.
FIFTII SCITEDUILE.
[Scotland.]
SIXTH SCIIRDULE.
[Ireland.]
38 & 39 Vict. c. 84. Parliamentary Elections (Return-
ing Officer's Expenses) Act, 1875. An Act to regulate
the Expenses and to control the Charges of Returning
Officers at Parliamentary Elections.
[13th August, 1875.
SIECTION JPA (; ſº
I. Construction of Act . th * dº & ſe * tº . 457
2. Payments to roturning officers t tº e º e . 457
3. Teturning officer may requiro deposit or scourity & tº . 457
4. The accounts of a roturning officer may be taxed . ſº tº . 458
5. Claims against a roturning officer * º tº & . 459
6. Use of ballot boxes, &c., providod for municipal elections . . 459
7. Notices by returning officers º * e (e º tº . 459
8. Saving of the universities . * ë. º º tº tº , 459
9. Duration of Act * * e º ë ſº * * . 459
10. Short title Č o * º º & © tº tº . 459
I 1. Not to apply to Scotland . g e & º tº e . 459
Schodules I.-Returning officor's oxpenses § tº & . 460
3 ) II.--Notification in notice of election . d * . 463
y? III.--Maximum security . º g º ſº . 464
RETURNING OFFICER'S ACT, 1875.
457
“Whereas it is expedient to amond the law relating to the
expenses and charges of returning officers at parliamentary
elections: ” BE IT ENACTED, as follows:
1. The Ballot Act, 1872, as modified by this Act, and this Act
shall be construcd as one Act.
This Act shall apply only to parliamentary elections.
2. The returning officer at an election shall be entitled to his
reasonable charges, not exceeding the sums mentioned in the
first schedule to this Act,” in respect of services and expenses of
the several kinds mentioned in the said schedule, which have
been properly rendered or incurred by him for the purposes of
the election.
The amount of such charges shall be paid by the candidates
at the election in equal several shares, or where there is only
one candidate, by such candidate. If a candidate is nominated
without his consent, the persons by whom his nomination is
subscribed shall be jointly and severally liable for the share of
the charges for which he would be liable if he were nominated
with his consent.
A returning officer shall not be entitled to payment for any
other services or expenses, or at any greater rates than as in the
said schedule mentioned, any law or usage to the contrary not-
withstanding.
3. The returning officer, if he think fit, may, as hereinafter
provided, require security to be given for the charges which may
become payable under the provisions of this Act in respect of
any olection.
The total amount of the security which may be required in
rospect of all the candidates at an election shall not in any
A. exceed the sums prescribed in the third schedule to this
Act.t
Where security is required by the returning officer it shall be
apportioned and given as follows; viz.,
(1.) At the end of the two hours appointed for the election
the returning officer shall forthwith declare the number
of the candidates who then stand nominated, and shall,
if thero be more candidates nominated than there are
vacancies to be filled up, apportion equally among
them the total amount of the required security;
(2.) Within one hour after the end of the two hours aforesaid,
security shall be given, by or in respect of each
candidate then standing nominated, for the amount so
apportioned to him :
(3.) If in the case of any candidate security is not given or
tendered as herein mentioned, he shall be deemed to
be withdrawn within the provisions of the Ballot
Act, 1872 :
(4.) A tender of security in respect of a candidate may be
made by any person :
38 & 39 Vict.
c. 84.
Construction
of Act.
Payments to
returning
oſſicers.
* p. 460.
By candidates.
Deposit or
security for
expenses.
f p. 464.
Apportioning
security among
candidates.
Giving
security,
Effect of not
giving.
458
PART W.—THE ELECTION.
38 & 39 Wict.
c. 84.
Returning Offi-
cer's expenses.
Deposit of gold
or bank-notes.
Returning
balance.
Returning
officer's bill of
charges.
Vouchers.
Taxation.
Court to tax.
(5.) Security may be given by deposit of any legal tender or
of notes of any bank being commonly current in the
county or borough for which the election is held, or,
with the consent of the returning officer, in any other
IOl?,D.I.O.G.T. .
(6.) The balance (if any) of a deposit beyond the amount to
which the returning officer is entitled in respect of any
candidate shall be repaid to the person or persons by
whom the deposit was made.
In Davies v. Lord Kensington, L. R. 9 C. P. 720, it had been held before
this Act that security could not be insisted on.
4. Within twenty-one days after the day on which the return
is made of the persons elected at the election, the returning
officer shall transmit to every candidate or other person from
whom he claims payment either out of any deposit or otherwise
of any charges in respect of the election, or to the agent for
election expenses of any such candidate, a detailed account
showing the amounts of all the charges claimed by the returning
officer in respect of the election, and the share thereof which he
claims from the person to whom the account is transmitted.
He shall annex to the account a notice of the place where the
vouchers relating to the account may be seen, and he shall at
all reasonable times and without charge allow the person from
whom payment is claimed, or any agent of such person, to inspect
and take copies of the vouchers.
The returning officer shall not be entitled to any charges
which are not duly included in his account.
If the person from whom payment is claimed objects to any
part of the claim, he may, at any time within fourteen days from
the time when the account is transmitted to him, apply to the
court as defined in this section for a taxation of the account, and
the court shall have jurisdiction to tax the account in such
manner and at such time and place as the court thinks fit, and
finally to determine the amount payable to the returning officer
and to give and enforce judgment for the same as if such judg-
ment were a judgment in an action in such court, and with or
without costs at the discretion of the court.
The court for the purposes of this Act shall be in the city of
London the Lord Mayor's Court, and elsewhere in England the
County Court, and in Ireland the Civil Bill Court, having juris-
diction at the place of nomination for the election to which the
proceedings relate.
The court may depute any of its powers or duties under
this Act to the registrar or other principal officer of the
court.
Nothing in this section shall apply to the charge of the
returning officer for publication of accounts of election expenses.
By s. 32 of the Corrupt and Illegal Practices Act, 1885, p. 480, the bill of
charges is to be sent to the clection agent.
TAXING RETURNING OFFICER's EXPENSES.
459
5. Every person having any claim against a returning officer
for work, labour, material, services, or expenses in respect of
any contract made with him by or on behalf of the returning
officer for the purposes of an election, except for publication of
accounts of election expenses, shall, within fourteen days after the
day on which the return is made of the person or persons elected
at the election, transmit to the returning officer the detailed
particulars of such claim in writing, and the returning officer
shall not be liable in respect of anything which is not duly
stated in such particulars.
Where application is made for taxation of the accounts of a
returning officer, he may apply to the court as defined in this
Act to examine any claim transmitted to him by any person in
pursuance of this section, and the court after notice given to
such person, and after hearing him, and any evidence tendered
by him, may allow or disallow, or reduce the claim objected
to, with or without costs, and the determination of the court
shall be final for all purposes, and as against all persons.
6. In any case to which the fourteenth section of the Ballot
Act, 1872,” is applicable, it shall be the duty of the returning
officer, so far is as practicable, to make use of ballot boxes,
fittings, and compartments provided for municipal or school
board elections, and the court, upon taxation of his accounts,
shall have regard to the provisions of this section.
7. There shall be added to every notice of election to be
published under the provisions of the Ballot Act, 1872, the
notification contained in the second scheduleſ to this Act with
respect to claims against returning officers.
8. Nothing in this Act shall apply to an election for any
university or combination of universities,
9. This Act shall come into operation on the first day of
October, 1875, and continue in force until the 31st day of
December, 1880, and no longer, unless Parliament shall other-
wise determine.
. The Act has been continued from time to time by “Expiring Laws Con-
tinuance Acts.”
10. This Act may be cited for all purposes as the “Parlia-
mentary Elections (Returning Officers) Act, 1875.”
11. This Act shall not apply to Scotland.
38 & 39 Vict.
c. 84.
Claims against
returning
officer within
fourteen days.
Court may try
Or tax.
Use of ballot
boxes, &c.,
provided for
municipal
elections.
* p. 438.
Notice addi-
tional by
returning
officer.
f p. 463.
Saving for
universities.
Commence-
ment and
duration of
Act.
Short title.
460
PART W., THE ELECTION.
38 & 39 Vict.
c. 84.
SCHEDULES.
FIRST SCHEDULE.
CHARGES OF RETURNING OFFICERS.
The following are the maximum charges to be made by the returning
officer, but the charges are in no case to exceed the sums actually and
necessarily paid or payable.
PART I.—Counties AND DISTRICT OR CONTRIBUTORY BOROUGHs.
This Part of this Schedule applies to an election for a county, or for either
of the boroughs of Aylesbury, Cricklade, Monmouth, East Retford,
Stroud, and New Shoreham, or for any borough or burgh consisting
of a combination of separate boroughs, burghs, or towns.
For preparing and publishing the notice of
election.
For preparing and supplying the nomination
papers.
For travelling to and from the place of
nomination, or of declaring the poll at a
contested election, per mile.
For hire or necessary fitting up of rooms or
buildings for polling, or damage or expenses
by or for use of such rooms or buildings.
For constructing a polling station, with its
fittings and compartments, in England. (a)
And in Ireland the sum or sums payable
under the provisons of the 13th and
14th Victoria, chap. 68, and 35th and
36th Victoria, chap. 33.
In Ireland the returning officer shall use
a court house where one is available
as a polling station, and his maximum
charge for using and fitting the same
shall in no case exceed three pounds
three shillings.
For each ballot box required to be purchased
For the use of each ballot box, when hired
For stationery at each polling station e
For printing and providing ballot papers, per
thousand.
For each stamping instrument . . . .
O1:
The necessary expenses,
not exceeding at any
one polling station the
charge for constructing
and fitting a polling
station.
7 7 O
1 1 0
O 5 O
0 10 O
1 10 O
O 10 0
(a) By the Reform Act, s. 71 (p. in one polling place is not to exceed
400), the cost of all the polling stations £40 in counties, £25 in boroughs.
38 & 39 WICT. CAP, 84—CHARGES OF
461
RETURNING OFFICERs.
For copies of the register . . . . . .
For each presiding officer . . . . . .
For one clerk at each polling station where
not more than 500 voters are assigned to
such station.
For an additional clerk at a polling station
for every number of 500 voters, or fraction
thereof beyond the first 500 assigned to
such polling station.
For every person employed in counting votes,
not exceeding six such persons where the
number of registered electors does not ex-
ceed 3,000, and one for every additional
2,000 electors.
For making the return to the clerk of the
Crown.
For the preparation and publication of notices
(other than the notice of election).
For conveyance of ballot boxes from the poll-
ing stations to the place where the ballot
papers are to be counted, per mile.
For professional and other assistance in and
about the conduct of the election.
For travelling expenses of presiding officers
and clerks, per mile.
For services and expenses in relation to
receiving and publishing accounts of elec-
tion expenses, in respect of each candidate.
For all other expenses . . . . . .
£ S. d.
The sums payable by
statute for the neces-
Sary copies.
3 3
1 1 Of
1 1 0}
Not exceeding for the
whole of such notices
£20, and £1 for every
additional 1,000 elec-
tors above 3,000.
0 1 0
In a contested election not
exceeding £25, and an
additional £3 for every
1,000 registered elec-
tors or fraction thereof
above 3,000 and up to
10,000, and £2 for
every 1,000 or fraction
thereof above 10,000.
In an uncontested elec-
tion, one-fifth of the
above sums.
O 1 O
2 2 O
In a contested election,
not exceeding £10, and
an additional £1 for
every 1,000 electors or
fraction thereof above
1,000. In an uncon-
tested election, nil.
NoTE.—Travelling expenses are not to be allowed in the case of any person
wnless for distances eacceeding two miles from the place at which
he resides.
38 & 39 Wict.
c. 84.
* Now “four
guineas' in
county consti-
tuencies (48 &
49 Vict. c. 62,
S. 4), p. 520.
+ Now “thirty
shillings” in
county consti-
tuencies (ib.).
462 PART W., THE EIECTION.
38 & 39 Vict.
c. 84, Sched. I.
-ms-ºf- PART II.-BOROUGHS.
Ičeturning Offi-
cer's expenses. This part of the Schedule applies to all Boroughs not included in Part I.
**-m-smºa- of this Schedule.
[See S. 2,
p. 457.]
£ s. d
For preparing and publishing the notice of 2 2 O
election.
For preparing and supplying the nomination 1 O 0
paperS.
For hire or necessary fitting up of rooms or The necessary expenses,
buildings for polling, or damages or expenses not exceeding at any
by or for use of such rooms or buildings. one polling station the
charge for constructing
and fitting a polling
station.
In England, for constructing a polling station, 7 7 O
with its fittings and compartments, not ex-
ceeding two in number.
For each compartment required to be con-
structed, when more than two are used.
For the use of each compartment hired, when
more than two are used.
And in Ireland, in lieu of the charges
payable in respect of the foregoing last three
services, the sum or sums payable under
the provisions of 13th and 14th Victoria,
chap. 68, and 35th and 36th Victoria, chap.
33.
For each ballot box required to be pur-
chased.
For the use of each ballot box, when hired .
For stationery at each polling station . .
For printing and providing ballot papers, per
thousand.
For each stamping instrument . . . .
For copies of the register . . . . . . . The sums payable by
statute for the neces-
Sary copies.
For each presiding officer . . . . . . 3 3 O
For one clerk at each polling station where 1 1 0
not more than 500 voters are assigned to
such station.
For an additional clerk at a polling station 1 1 0
for every number of 500 voters, or fraction
thereof beyond the first 500 assigned to
such station.
For every person employed in counting votes, 1 1 0
not exceeding six such persons where the
number of registered electors does not ex-
ceed 3,000, and one for every additional
2,000 electors.
For making the return to the clerk of the 1 1 0
Crown.
5
O
:
:
O.O
38 & 39 WICT. CAP. 84—CHARGES OF RETURNING OFFICER.
463
£ S. d.
For the preparation and publication of notices | Not exceeding for the
(other than the notice of election). whole of such notices
£10, and £1 for every
additional 1,000 elec-
tors above 1,000.
For professional and other assistance in and In a contested election,
about the conduct of the election. not exceeding £20, an
additional £2 for every
1,000 registered electors
or fraction thereof above
1,000 and up to 10,000,
and £1 additional for
every 1,000 or fraction
thereof above 10,000.
In an uncontested elec-
tion one-fifth of the
above sum.
For services and expenses in relation to re- 1 1 0
ceiving and publishing accounts of election
expenses, in respect of each candidate.
For all other expenses . . . . . . . . Not exceeding £10, and
an additional £1 for
every 1,000 electors
above the first 1,000.
NOTE to PARTs I. and II. of SCHEDULE I.
The above sums are the aggregate charges, the amount of which is to
h apportioned among the several candidates or other persons liable for
the same.
SECOND SCHEDULE.
1. NoTIFICATION to be added to the NoTICE of ELECTION.
Take notice, that by the Parliamentary Elections (Returning Officers)
Act, 1875, it is provided that every person having any claim against a
returning officer for work, labour, materials, services, or expenses in respect
of any contract made with him by or on behalf of the returning officer,
for the purposes of an election (except for publications of account of
election expenses), shall, within, fourteen days after the day on which the
return is made of the person or persons elected at the election, transmit to
the returning officer the detailed particulars of such claim in writing,
and the returning officer shall not be liable in respect of anything which
is not duly stated in such particulars.
38 & 39 Vict.
c. 84.
464
PAIRT W., TIII) ET, ECTION.
38 & 39 Vict,
c. 84,
Sched. III.
* Now
“tweny-five
pounds,” see
48 & 49 Vict,
c. 62, s. 2,
p. 520.
45 & 46 Vict,
c. 50.
Mayor of
municipal
borough to
be returning
oſſicer.
- *** **** * : * * * : *-*- : *-* * **** - - - - - - - 12 ºz -º- ºr - a sº-sº -. , --.…— -, -, -s. ...- ... -- *-* * **.----…-a, - . ~~~~. -- ... • -- * *** - … --~~~~~ *-- *** * ~ *-* **-
THIRD SCIIISDULE.
MAXIMUM Amount of SIGURITY which may be required by a RETURNING
OIL'IOER.
County or
District of Borough
Contributory gh.
Borough.
£ £
Where the registered electors do not exceed 1,000 |50 100
Where the registered electors oxceed 1,000 but 200 150
do not exceed 2,000.
Where the registered electors exceed 2,000 but 275 200
do not exceed 4,000.
Where the registered electors exceed 4,000 but 400 250
do not exceed 7,000.
Where the registered electors exceed 7,000 but 550 300
do not exceed 10,000.
Where the registered electors exceed 10,000 but 700 450
do not exceed 15,000.
Where the registered electors exceed 15,000 but | 800 500
do not exceed 20,000.
Where the registered electors exceed 20,000 but 900 600
do not exceed 30,000.
Whore the registered electors exceed 30,000 1,000 700
If at the end of the two hours appointed for the election, not more
candidates stand nominated than there are vacancies to be filled up, the
maximum amount which may be required is one-ſifth of the mazimum
according to the above Scale.”
45 & 46 Vict. c. 50. Municipal Corporations Act, 1882.
244. (1) In boroughs, other than cities and towns being
counties of themselves, the mayor shall be the returning officer
at Parliamentary elections; but this provision shall not extend
to the borough of Berwick-upon-Tweed.
(2.) If there are more mayors than one within the boundaries
of a parliamentary borough, the mayor of that borough to which
the writ of election is directed shall be the returning officer.
(3.) If when a mayor is required to act as returning officer,
the mayor is absent, or incapable of acting, or there is no mayor,
the council shall forthwith choose an alderman to be returning
officer. r
This 50ction is a re-enactment of part of s. 57 of the Municipal Corporations
Act, 1835, 4 & 5 Will, 4, c. 76.
In boroughs boing countios of themselves the sheriff is returning officer.
The Iłedistribution Act, 1885, S. 12, Subs. 4, post, provides that in case
of boroughs with more than one mayor, the writ shall be directed to the
mayor who received the writ before, or to the mayor of the borough with the
largest population. -
CORRUPT AND ILLEGAL PRACTICES PREVENTION ACT, 1883. 465
46 & 47 vict. c. 51. 46 & 47 Vict.
c. 51.
CORRUPT AND ILLEGAL PRACTICES PREVEN-
- TION ACT, 1883.
An Act for the better prevention of Corrupt and Illegal
Practices at Parliamentary Elections.
[25th August, 1883.
TABLE OF CONTENTS.
--º-e
SICTION - l”A G.I.
1. Definition of treating . . . . . . . . . . . . . . 466
2. Definition of undue influence . . . . . . . . . . . 467
3. Definition of corrupt practice . . . . . . . . . . . 467
4. Result of candidate being found guilty of bribery, &c. . . . 468
5. Iłesult of candidate being found guilty by agent of corrupt practice. 468
6. Result of conviction on indictment for corrupt practice . . . . . 469
Illegal Practices.
7. Payments for convoyance of voters, use of house for bills, committee
rooms, &c. . . . . . . . . . . . . . . . . 470
8. Payments in excess of Schoduled maximum. . . . . . . . 470
9. Voting though prohibited, and false statements of withdrawal . . 470
10. Tesult of conviction of illegal practice . . . . . . . . . 471
11. Teport of Election Court as to illegal practice . . . . . . 471
12. Iteport of Election Commissioners . . . . . . . . . . 472
Illegal Payment, Employment, and IIiring.
13. Provision of money for prohibited purpose . . . . . . . . 472
14, Employment of public carriages . . . . . . . . . . . 473
15. Corrupt withdrawal . . . . . . . . . . . . . . 473
16. Music, flags, ribbons, &c. . . . . . . . . . . . . . 473
17. I’mployment of persons otherwiso than as in Schedule I. . . . 473
18. Printer to put his name on placards, &c. . . . . . . . . 474
19. Iłights of innocent creditors . . . . . 474
20. Use of inn, &c., or school for committee room . . . . . . . 474
21, Summary conviction and fine . . . . . . . . . . . 475
Eacuses and Eaceptions.
22. Iºxoneration of candidato by Llection Court . . . . . . . 475
23. Exceptions by High Court or IElection Court . . . . . . . 475
24–6. Appointment of “I’llection Agent,” agent, and sub-agent . . . 476
27. Contracts to be either by candidate or agents . . . . . . . 478
28, Payments through agent . * * * * * * * g º º
29, Vouchers, and period for sending in and paying claims . . . . 479
80. Taxation of claims. * * * * * g e º tº e . . 480
31. Personal expenses of candidate . . . . . . . . . . 480
§2. Payment of election agent and returning officer . . . . . . 480
33. Return and declaration of expenses . . . . . . . . . . 481
§4. Iºxcuse for not making return on declaration . . . . . . . 482
35. Publication by returning officer of return of expenses . . . . 484
466
PART W.--THE ELECTION.
46 & 47 Vict.
c. 51.
What is
treating.
Active.
SIECTION Disqualification of Electors. PAGE
36, 37. Prohibition from voting . . . . . . . . . . . . 484
38. Hearing before disqualification . . . . . . . . . 485
§, ºcorrupt and illegal Practices List” . . . . . . . . . 487
Justice of the Peace, Barrister, Solicitor, or Licensed Person, how to be
dealt with.
40–44. Trial, &c., of election petition . . . . . . . . . . 488
45. Inquiry by Public Prosecutor . . . . . . . . . . . 494
46, Temoval of incapacity procured by perjury . . . . . . . 494
47. Polling districts and places . . . . . . . . . . . . 494
48. Conveyance of voters by sea. . . . . . . . . . . . . 495
Legal Proceedings.
50. Trial in Central Criminal Court . . . . . . . . . . . 495
51. Limitation of time for prosecution . . . . . . . . . . 496
52. Persons charged with corrupt may be found guilty of illegal
practice . . 496
53. Application of Act of 1854, &c.—Evidence of defendant . . . . 496
54. Summary convictions and appeal . . . . . . . . . . 497
55. Application of Summary Jurisdiction and Indictable Offences Acts. 497
56. Jurisdiction of High Court . . . . . . . . . . 497
57. Public Prosecutor and expenses of prosecution . . . . . . 498
58. Recovery of costs from county or borough . . . . . . . . 498
59. Obligation of witness to answer . . . . . . . . . . . 499
60. Attorney-General . . . . . . . . . . . . . . . 499
61. Dreach of duty by returning, presiding, or registration officer . . 500
62. Publication of notices, and service of notice, &c. . . . . . . 500
63. Definition of “candidate ” . . . . . . . . . . . . 500
64. Interpretation clause . . . . . . . . . . . . . . 501
65. Short titles of Acts . . . . . . . . . . . . . 503
66. Repeal of Acts . . . . . . . . . . . . . . . 508
70. Duration of Act . . . . . . . . . . . . . . . 503
SCHEDULES.
I.—1. Persons legally employed . . . . . . . . . . . 504
2. Ilegal additional expenses . . . . . . . . . . . 505
3. Maximum for matters not specified . . . 505
4. Maximum scale . . . . . . . . . . . . . . 505
5. General provisions as to joint candidature, &c. . . . . . 506
II.-Forms of
Declarations by candidate as to expenses . . . . . . . 507
Declarations by agent as to expenses
Return of expenses, &c. . . . . . . . . 508
III.-Corrupt Practices Prevention Acts . . . . . . . . . 511
IV.-Short titles of Acts . . . . . . . . . . . . . . 513
V.—-Acts repealed tº tº . . . . 514
BE IT ENACTED, as follows:—
Corrupt Practices.
1. Whereas under section four of the Corrupt Practices Pre-
vention Act, 1854, persons other than candidates at parlia-
mentary elections are not liable to any punishment for treating,
and it is expedient to make such persons liable; be it therefore
enacted in substitution for the Said section four as follows : —
(1.) Any person who corruptly by himself or by any other
CORRUPT PRACTICES ACT, 1883–TREATING—INFLUENCE.
4.67
person, either before, during, or after an election,
directly or indirectly gives or provides, or pays wholly
or in part the expense of giving or providing, any
meat, drink, entertainment, or provision to or for any
person, for the purpose of corruptly influencing that
person or any other person to give or refrain from
giving his vote at the election, or on account of such
person or any other person having voted or refrained
from voting, or being about to vote or refrain from
voting at such election, shall be guilty of treating.
(2.) And every elector who corruptly accepts or takes any
such meat, drink, or entertainment, or provision shall
also be guilty of treating.
Section 4 of the Corrupt Practice Act, 1854, is repealed by this Act. The
alteration in the law by this section is that “any person,” and not merely
a candidate by himself or his agent, as formerly, may be guilty of active
treating, and any elector may be guilty of passive treating. Treating is a
“corrupt practice” (s.3), and punishable under Ss. 4, 5, and 6. Under s. 5
treating by an agent avoids the election, and by a candidate under S. 4.
2. Every person who shall directly or indirectly, by himself
or by any other person on his behalf, make use of or threaten
to make use of any force, violence, or restraint, or inflict, or
threaten to inflict, by himself or by any other person, any tem-
poral or spiritual injury, damage, harm, or loss upon or against
any person in order to induce or compel such person to vote or
refrain from voting, or on account of such person having voted
or refrained from voting at any election, or who shall by abduc-
tion, duress, or any fraudulent device or contrivance impede or
prevent the free exercise of the franchise of any elector, or shall
thereby compel, induce, or prevail upon any elector either to
give or to refrain from giving his vote at any election, shall be
guilty of undue influence.
This is a reproduction of the definition of the repealed s. 5 of the Act of
1854, with the addition of the words “temporal or spiritual ’’ inserted, to en-
force the decision of Mr. Justice Keogh in Galway County, 2 O'Malley and
Hardcastle, 54.
Undue influence is by s. 3 a corrupt practice, and is punishable under
SS. 4, 5, and 6. Undue influence by a candidate by S. 4, and by an agent by
S. 5, avoids the election. -
3. The expression “corrupt practice ’’ as used in this Act
means any of the following offences; namely, treating and
undue influence, as defined by this Act, and bribery, and per-
Sonation, as defined by the enactments set forth in Part III.* of
the third schedule to this Act, and aiding, abetting, counsel-
ling, and procuring the commission of the offence of personation,
and every offence which is a corrupt practice within the mean-
ing of this Act shall be a corrupt practice within the meaning
of the Parliamentary Elections Act, 1868.f
The enactments in the schedule supply the definition of bribery proper
under the Act of 1852, corrupt payment of rates under the Representation of
the People Act, 1867, and of personation under the Ballot Act. A false
declaration of expenses is (p. 482) deemed a corrupt practice.
46 & 47 Wict.
c. 51.
Passive.
What is undue
influence.
What is
corrupt
practice.
2 II 2
468
PART W., TIII) ELIJCTION.
46 & 47 Vict,
c. 51.
Corrupt
1°ractices.
Punishment
of candidate
found, on
election peti-
tion, guilty
personally
or by sanction
of corrupt
practices.
* p. 527.
Permanent
disqualifica-
tion for
constituency.
Election void.
Punishment
of candidate
found, on
election peti-
tion, guilty
by agents of
corrupt
practices.
Seven years'
disqualifica-
tion for
constituency.
I'lection void.
... ----------- ~... , --, - --------~~~~ * ~ *-** -- - - - - --~~~~~~
4. Where upon the trial of an election petition respecting an
election for a county or borough the election court, by the
report made to the Speaker in pursuance of section eleven of
the Parliamentary Elections Act, 1868,” reports that any cor-
rupt practice other than treating or undue influence has been
proved to have been committed in reference to such election by
or with the knowledge and consent of any candidate at such
election, or that tho offence of treating or undue influence has
been proved to have been committed in reference to such elec-
tion by any candidate at such election, that candidate shall not
be capable of ever being elected to or sitting in the House of
Commons for the said county or borough, and if he has been
elected, his election shall be void ; and he shall further be sub-
ject to the same incapacities as if at the date of the said report
he had been convicted on an indictment of a corrupt practice.
The report roſerred to is not the certificato of the result of the election
petition which is given under subs. 13 of s. 11 of the l’arliamentary I’llections
Act, 1868, but the report given under subs. 12. As this section requires the
report as a condition procodont to avoiding the election, the certificate of
the result may declare the election valid, but the effect of the report may be
to avoid it, as for example, in cases of treating by a candidate not the ground
of avoiding an election previously to this Act, but so made by this Act, also
in case of an illegal practice male for the first time a ground of avoiding an
ol, ction. I’robably the diſticulty would be surmounted by the judge making
the formal “certificate of result ’’ subject to his “report,” and making aſtor
the report a declaration that by reason of the “report ’’ the election is void,
or he may loave the report to have its legal effect unassisted.
5. Upon the trial of an election petition respecting an olection
for a county or borough, in which a charge is made of any
corrupt practico having been counitted in reference to such
election, the election court shall report in writing to the Speaker
whethor any of the candidates at such election has been guilty
by his agents of any corrupt practice in reference to such elec-
tion; and if the report is that any candidate at such election
has been guilty by his agents of any corrupt practice in refer-
enco to such election, that candidate shall not be capable of
being elected to or sitting in the Iſouse of Commons for such
county or borough for seven years after the date of the report,
and if he has been elected his election shall be void.
Agents.] The question of agency has been doalt with in numerous cases
(see Rogers on lºlections, ch. xiv.), of which the result would seem to be that
agency at elections is to be more readily implied than agency under other
relations. See por Blackburn, J., in the Tawnton Case (No. 1), (1 O'Malley
and Hardcastle 182), and per Grove, J., in the Taunton Case (No. 2), (2
O'Malley and Hardcastle, 73). Agency would not be conclusively implied
from the acts of mossengers and others, whose employment is expressly autho-
rized by s. 17 (see the Windsor Case, 1 O'M. & II, 3); though agency would
be more readily implied from the acts of such persons than from the acts
of unpaid canvassers and other supporters, who are ordinarily not agents,
unless they be committee men (see the Wakefield Case, 2 O’M. & II, 102) re-
cognised as such by the candidate (the Westminster Case, 1 O'M. & II. 91),
or otherwise recognised as working for him (the Staleybridge Case, 1 O'M. &
H. 69). I'rom these and other cases it appears obvious that the question is
CORRUPT PRACTICES ACT, 1883–-ILLEGAL PAYMENTs.
469
------------- - ---------> -----------s-s-s-s-ſ------------. ----------------------> -e-…- ... ------- -
always one of fact and degree to bo decided by the IElection Judge, without
any obligation to state a case for the High Court; nor has any such been
yet stated.
6. (1.) A person who commits any corrupt practice other
than personation, or aiding, abetting, counselling, or procuring
the commission of the offence of personation, shall be guilty of
a misdemeanor, and on conviction on indictment shall be liable
to be imprisoned, with or without hard labour, for a term not
exceeding one year, or to be fined any sum not exceeding two
hundred pounds.
(2.) A person who commits the offence of personation, or of
aiding, abetting, counselling, or procuring the commission of
that offence, shall be guilty of felony, and any person convicted
thereof on indictment shall be punished by imprisonment for a
term not exceeding two years, together with hard labour.
(3.) A person who is convicted on indictment of any corrupt
practice shall (in addition to any 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 ; or
(b.) of holding any public or judicial office within the mean-
ing of this Act, and if he holds any such office the
office shall be vacated.
(4.) Any person so convicted of a corrupt practice in reference
to any election shall also be incapable of being elected to and of
sitting in the IIouse of Commons during the seven years next
after the date of his conviction, and if at that date he has been
elected to the House of Commons his election shall be vacated
from the time of such conviction,
Illegal Practices.
7. (1.) No payment or contract for payment shall, for the
purpose of promoting or procuring the election of a candidate at
any election, be made—
(a.) on account of the convoyance of electors to or from the
poll, whether for the hiring of horses or carriages, or
for railway fares, or otherwise; or
(b.) to an elector on account of the use of any house, land,
building, or premises for the exhibition of any address,
bill, or notice, or on account of the oxhibition of any
address, bill, or notice; or
(c.) on account of any committee room in excess of the
number allowed by the First Schedule to this Act.
(2.) Subject to such exception as may be allowed in pursu-
ance of this Act, if any payment or contract for payment is
knowingly made in contravention of this section either before,
during, or after an election, the person making such payment
46 & 47 Vict.
c. 51.
Punishment
of person
convicted on
indictment
of corrupt
practices.
Convicted of
personation.
Disqualifica-
tions:
as elector;
as public
officer;
as member.
Illegal
payments.
For con-
veyances.
For use of
premiscs.
For excessive
committee
l'OOI)] S.
Payer and
receiver guilty.
470
I’AIR'ſ W.—THE ISLE("I"ION.
46 & 47 Vict.
c. 51, s. 7.
Illegal
I’ayments.
Saving for
advertising
agents.
lºxpense in
excess of
ll) il)(1))) llll)
to be illegal
practice.
Voting by
prohibited
persons and
inducing them
to vote.
Publishing
false state-
ment of
withdrawal
of candidate. ,
or contract shall be guilty of an illegal practice, and any person
receiving such payment or being a party to any such contract,
knowing the same to be in contravention of this Act, shall also
be guilty of an illegal practico.
(3.) I’rovided that where it is the ordinary business of an
elector as an advertising agent to exhibit for payment bills and
advortisements, a payment to or contract with such elector, if
made in the ordinary course of business, shall not be deemed to
bo an illegal practice within the meaning of this section.
The penalties for illegal practices are on conviction provided by S. 10, on
report of election judge by s. 11, and include avoiding the election. . As to the
exception referred to in subs. 2, sce s. 23. As to conveying votors by Sea, see
R. 48. Lending private carriages gratuitously is not forbidden, but londing
hacknoy carriages gratuitously is illegal by s. 14 (p. 473).
8. (1.) Subject to such exception as may be allowed in pur-
suance of this Act, no sum shall be paid and no expense shall
bo incurred by a candidate at an election or his election agent,
whether before, during, or after an election, on account of or in
respect of the conduct or management of such election, in excess
of any maximum amount in that behalf specified in the first
schedule to this Act.
(2.) Any candidate or election agent who knowingly acts in
contravention of this section shall be guilty of an illegal prac-
tice.
As to allowance of exceptions, sco S. 23 (p. 476). An expense made illegal
by this Act could not be sued for, nor recovered if paid, with knowledge of
the facts (see 8, 19).
9. (1.) If any person votes or induces or procures any person
to vote at any election, knowing that he or such person is pro-
hibited, whether by this or any other Act from voting at such
election, he shall be guilty of an illegal practice.
(2.) Any person who before or during an election knowingly
publishes a falso statement of the withdrawal of a candidate at
such election for the purpose of promoting or procuring the
cloction of another candidate shall be guilty of an illegal prac-
tice.
(3.) I’rovided that a candidate shall not be liable, nor shall
his election be avoided, for any illegal practice under this
section committed by his agent other than his election agent.
As to subs. 1, the person in question must both bo prohibited as distin-
guished from meroly disqualified, and the prohibition must be by statute.
l'or a list of incapacities, see note to s. 3 of the IRC presentation People Act,
1867, p. 36. Of the porsons incapacitated theroin mentioned as incapacitated
by statute, the phraseology of the statute varies in almost every case.
Whother the incapacity amounts to a prohibition depends on the construction
of those words in each case. Infants are clourly prohibited by the terms of
7 & 8 Will. 3, c. 25, p. 5, and whore the incapacity is accompanied by a penalty,
as in the case of Motropolitan Police under 10 Geo. 4, c. 44, s. 18, p. 12, and
election agents, clerks, and others for reward under s, 11 of the Represental
tion People Act, 1867, p. 40, thero would also seem to be a prohibition,
Persons in receipt of parochial relief are by s. 36 of the Act of 1832, p. 25,
only “dison titled to be registored.” Similarly alions (33 Vict. c. 14, p. 51),
º, º from voting in this statute are to be found in SS. 36 and 37
p. 38'E).
(JOIRRUPT PRACTICES ACT, 1883—ILLIGAI, PRACTICE—-PUNISHMENT.
471
10. A person guilty of an illegal practice, whether under the
foregoing sections 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 elector or voting at any election (whether it be a parlia-
mentary election or an election for a public office within the
meaning of this Act) held for or within the county or borough
in which the illegal practice has been committed.
As to mode of prosecution and appeal to Quarter Sessions, Seo S. 54, p. 497.
I'or definition of public office, see s. 54, p. 502.
11. Whereas by sub-section fourteen of section eleven of the
Parliamentary Elections Act, 1868,” it is provided that where a
charge is made in an election petition of any corrupt practice
having been committed at the election to which the petition
refers, the judge shall report in writing to the Speaker as
follows:–
(a.) “Whether any corrupt practice has or has not been
º to have been committed by or with the know-
edge and consent of any candidate at such election,
and the nature of such corrupt practice;
(b.) “The names of all persons (if any) who have been proved
at the trial to have been guilty of any corrupt prac-
tice;
(c.) “Whether corrupt practices have, or whether there is
reason to believe corrupt practices have, extensively
prevailed at the election to which the petition re-
lates”;
And whereas it is expedient to extend the said sub-section to
illegal practices:
Be it therefore enacted as follows:–
Subsection fourteen of section eleven of the Parliamentary
Elections Act, 1868, f shall apply as if that subsection were
herein re-enacted with the substitution of illegal practice within
the meaning of this Act for corrupt practice; and upon the trial
of an election petition respecting an election for a county or
borough, the election court shall report in writing to the
Speaker the particulars required by the said subsection as
herein re-enacted, and shall also report whether any candidate
at such election has been guilty by his agents of any illegal
practice within the meaning of this Act in reference to such
election, and the following consequences shall ensue upon the
report by the election court to the Speaker; (that is to say,)
(a.) If the report is that any illegal practice has been proved
to have been committed in reference to such election
by or with the knowledge and consent of any candidate
at such election, that candidate shall not be capable of
being elected to or sitting in the House of Commons
for the said county or borough for seven years next
after the date of the report, and if he has been elected
46 & 47 Vict.
c. 51.
Punishment
on conviction
of illegal
practice.
Election Court
to report on
illegal prac-
tice, as on
corrupt
practice.
* p. 527.
+ p. 527.
Punishment
of candidate
found guilty
with know-
ledge.
472
I?AIR'I' W.--'THI) ELECTI() N.
46 & 47 Vict.
c. 51, s. 11.
I'lection Court,
Guilty by
agents.
Election
Commissioners
to inquire
into illegal
practices.
Illegal
payments.
his election shall be void; and he shall further be
subject to the same incapacities as if at the date of the
report he had been convicted of such illegal practice;
and
(b.) If the report is that a candidate at such election has been
guilty by his agents of any illegal practice in reference
to such election, that candidate shall not be capable of
being elected to or sitting in the House of Commons
for the said county or borough during the said Parlia-
ment for which the election was held, and if he has
been elected, his election shall be void.
An illegal practice by this section avoids the election like a corrupt
practice. IFor the definition of an illegal practice, Sco S. 7.
12. Whereas by the Election Commissioners Act, 1852, as
amended by the Parliamentary Elections Act, 1868, it is enacted
that where a joint address of both Houses of Parliament repre-
sents to her Majesty that an election court has reported to the
Speaker that corrupt practices have, or that there is reason to
believe that corrupt practices have, extensively prevailed at an
election in any county or borough, and prays her Majesty to
cause inquiry under that Act to be made by persons named in
such address (being qualified as therein mentioned), it shall be
lawful for her Majesty to appoint the said persons to be election
commissioners for the purpose of making inquiry into the
existence of such corrupt practices : -
And whereas it is expedient to extend the said enactments to
the case of illegal practices :
Be it therefore enacted as follows:—
When election commissioners have been appointed in pur-
Suance of the Election Commissioners Act, 1852, and the enact-
ments amending tho same, they may make inquiries and act
and report as if “corrupt practices" in the said Act and the
enactments amending the same included illegal practices ; and
the Election Commissioners Act, 1852, shall be construed with
such modifications as are necessary for giving effect to this
section, an I tho expression “corrupt practice ’’ in that Act shall
have the same meaning as in this Act.
Illegal Payment, Employment, and Hiring.
13. Where a person knowingly provides money for any
payment which is contrary to the provisions of this Act, or for
any expenses incurred in excess of any maximum amount
allowed by this Act, or for replacing any money expended in
any such payment or expenses, except where the same may
have been previously allowed in pursuance of this Act to be an
exception, such person shall be guilty of illegal payment.
For payments contrary to Act see ss. 7, 8, and 16.
(Olt RUIPT PRACTICES ACT, 1883—ILLEGAL PAYMENTS.
473
14. (1.) A person shall not lef, lend, or employ for the
purpose of the conveyance of electors to or from the poll, any
public stage or hackney carriage, or any horse or other animal
icept or used for drawing the same, or any carriage, horse, ºr
other animal which he keeps or uses for the purpose of letting
out for hire, and if he lets, lends, or employs such carriage,
horse, or other animal, knowing that it is intended to be used
for the purpose of the conveyance of electors to or from the poll,
he shall be guilty of an illegal hiring.
(2.) A person shall not hire, borrow, or use for the purpose of
the conveyance of electors to or from the poll any carriage,
horse, or other animal which he knows the owner thereof is
prohibited by this section to let, lend, or employ for that
purpose, and if he does so he shall be guilty of an illegal
hiring.
(...) Nothing in this Act shall prevent a carriage, horse, or
other animal being let to or hired, employed, or used by an
elector, or several electors at their joint cost, for the purpose of
being conveyed to or from the poll.
(4.) No person shall be liable to pay any duty or to take out
a licence for any carriage by reason only of such carriage being
used without payment or promise of payment for the conveyance
of electors to or from the poll at an election.
Iły s. 7 (p. 469) paying for conveyances is an illegal practice.
15. Any person who corruptly induces or procures any other
person to withdraw from being a candidate at an election, in
consideration of any payment or promise of payment, shall be
guilty of illegal payment, and any person withdrawing, in
pursuance of such inducement or procurement, shall also be
guilty of illegal payment.
As to withdrawal from candidature, see s. 1 of Ballot Act, p. 431.
16. (1.) No payment or contract for payment shall, for the
purpose of promoting or procuring the election of a candidate at
any election, be made on account of bands of music, torches,
flags, banners, cockades, ribbons, or other marks of distinction.
(2.) Subject to such exception as may be allowed in pur-
suance of this Act, if any payment or contract for payment is
made in contravention of this section, either before, during, or
after an election, the person making such payment shall be
guilty of illegal payment, and any person being a party to any
such contract or receiving such payment shall also be guilty of
illegal payment if he knew that the same was made contrary to
law. -
The gift by a candidate of the things mentioned in subs, 1 is forbiddon by
S. 7 of Act of 1854 (p. 415). For exceptions, see s. 22, post.
17. (1.) No person shall, for the purpose of promoting or
procuring the election of a candidate at any election, be engaged
or employed for payment or promise of payment for any purpose
or in any capacity whatever, except for any purposes or capa-
46 & 47 Vict.
c. 51.
Lending
hackney car-
riages, or
carriages kept
for hire, to be
illegal hiring.
Borrowing
the same.
Saving for
hiring by
electors.
Conveyances
without
reward.
Corrupt
withdrawal
from a candi-
dature.
Payments
for bands,
cockades, &c.,
forbidden.
Payments
therefor
illegal. :
Promoters of
election in
unauthorized
capacity
forbidden.
474
I’AIRT V.- THE EI,ECTION.
46 & 47 Vict.
c. 51, s. 17.
Illegal
Jºhnployment.
* p. 504.
Name and
address of
printer on
placards.
Fine,
Saving for
creditors.
Licensed
premises,
non-political
clubs,
refreshment
houses,
cities mentioned in the first or second parts of the first schedule
to this Act, or except so far as payment is authorized by the
first or second parts of the first schedule to this Act.*
(2.) Subject to such exception as may be allowed in pursuance
of this Act, if any person is engaged or employed in contra-
vention of this section, either before, during, or after an election,
the person engaging or employing him shall be guilty of illegal
employment, and the person so engaged or employed shall also
be guilty of illegal employment if he knew that he was engaged
or employed contrary to law.
This section (1) restricts the capacities in which paid agents may be
omployed (thus entirely forbidding the employment of paid canvassers), and
(2) restricts the number of paid agents who may be employed in authorized
capacities. Hitherto, paid agents were only forbidden to vote (s. 11 of Act of
1867, p. 424). This section, of course, does not limit the “agents” for whom
a candidato may be responsible to the persons allowed for hire (see s. 27,
subs. 2, p. 478).
18. I'very bill, placard, or poster having reference to an
election shall bear upon the face thereof the name and address
of the printer and publisher thereof; and any person printing,
publishing, or posting, or causing to be printed, published, or
posted, any such bill, placard, or poster as aforesaid, which fails
to bear upon the face thereof the name and address of the printer
and publisher, shall, if he is the candidate, or the election agent
of the candidato, be guilty of an illegal practice, and if he is
not tho candidate, or the election agent of a candidate, shall be
liable on summary conviction to a fine not exceeding one hundred
pounds.
This section is an extension of 32 & 33 Vict. c. 24 (re-enacting 2 & 3 Wict.
c. 12, s. 2), that “overy person who shall cause any paper to be published or
dispersed who shall not print his name and abode therein,” shall forfeit a
sum not more than £5 a copy.
19. The provisions of this Act prohibiting certain payments
and contracts for payments, and the payment of any sum, and
the incurring of any expense in excess of a certain maximum,
shall not affect the right of any creditor, who, when the contract
was made or the expense was incurred, was ignorant of the same
being in contravention of this Act.
The ignorance must be in respect of facts, as ignorantia juris meminem
eaccw80t.
20. (a.) Any premises on which the sale by wholesale or
retail of any intoxicating liquor is authorized by a licence
(whether the licence be for consumption on or off the premises),
Ol'
(b.) Any premises where any intoxicating liquor is sold, or is
supplied to members of a club, society, or association other than
a permanent political club, or
(c.) Any premises whereon refreshment of any kind, whether
food or drink, is ordinarily sold for consumption on the pre-
m1SOS, Ol'
(!() RIt UP'ſ PRACTICES ACT, 1883—ExcusLI PRACTICEs, &c.
475
(d.) The premises of any public elementary school in receipt
of an annual parliamentary grant, or any part of any such
premises,
shall not be used as a committee room for the purpose of
promoting or procuring the election of a candidate at , an
election, and if any person hires or uses any such premises
or any part thereof for a committee room he shall be guilty of
illegal hiring, and the person letting such premises or part, if
he knew it was intended to use the same as a committee room,
shall also be guilty of illegal hiring :
Provided that nothing in this section shall apply to any part
of such premises which is ordinarily let for the purpose of
chambers or offices or the holding of public meetings or of
arbitrations, if such part has a separate entrance and no direct
communication with any part of the premises on which any
intoxicating liquor or refreshment is sold or supplied as afore-
said.
21. (1.) A person guilty of an offence of illegal payment,
employment, or hiring shall, on summary conviction, be liable to
a fine not exceeding one hundred pounds.
(2.) A candidate or an election agent of a candidate who is
personally guilty of an offence of illegal payment, employment,
or hiring shall be guilty of an illegal practice.
Thus an illegal payment by an ordinary person is punishable by fine, but
in the case of a candidate or his election agent it is an illegal practice, the
consequences of which are given by ss, 11 and 12.
As to procedure and appeals, see s. 54 (p. 497).
Excuse and Ea:ception for Corrupt or Illegal Practice or Illegal
I’ayment, Employment, or Hiring.
22. Where, upon the trial of an election petition respecting
an election for a county or borough, the election court reports
that a candidate at such election has been guilty by his agents
of the offence of treating and undue influence, and illegal prac-
tice, or of any of such offences, in reference to such election, and
the election court further reports that the candidate has proved
to the court—
(a) That no corrupt or illegal practice was committed at
such election by the candidate or his election agent
and the offences mentioned in the said report were
committed contrary to the orders and without the
Sanction or commivance of such candidate or his election
agent ; and
(b.) That such candidate and his election agent took all
reasonable means for preventing the commission of
corrupt and illegal practices at such election; and
(6.) That the offences mentioned in the said report were of a
trivial, unimportant, and limited character; and
46 & 47 Vict.
c. 51.
schools,
not to be
committee
l'OOIſlS.
Proviso for
rooms with
separate
entrances.
Punishment
of illegal
payment,
employment,
or hiring.
On report of
candidate
guilty by
agents,
but contrary
to his and
agent's orders,
reasonable
means taken
to prevent
trivial
offences
476 I?AIRT V. — "l'III) EI, E(Y|"I ()N.
-- - - - - - ---------------~~~~~~~~-----~~~-----...--
46 & 47 vict. (d.) That in all other respocts the election was free from any
c. 51, s. 22. corrupt or illegal practice on the part of such candidate
brew and aud of his agents; & º
ſºcception. then the election of such candidate shall not, by reason of the
l" - offences mentioned in such report, be void, nor shall the can-
º not didate be subject to any incapacity under this Act.
VO! (!.
This scetion doos not apply to bribory or personation.
If primá facio 23. Whero, on application mado, it is shown to the IIigh
illegal prac- Court or to an election court by such evidence as seems to the
tice Court sufficiont—
(a.) that any act or omission of a candidate at any election,
or of his election agent or of any othor agent or person,
would, by reason of being a payment, engagement,
omployment, or contract in contravention of this Act,
or being the payment of a sum or the incurring of
expense in oxcess of any maximum amount allowed by
this Act, or of otherwise being in contravention of any
of the provisions of this Act, be but for this section an
illegal practice, payment, employment, or hiring; and
arose from (b.) that such act or omission arose from inadvertence or from
accident, accidental miscalculation or from some other reasonable
cause of a liko nature, and in any case did not arise
from any want of good faith ; and
and notice (c.) that such notice of tho application has been given in the
of application county or borough for which the election was held as
given, to the Court sooms fit ;
Court may and under the circumstances it seems to the Court to be just
relieve. that the candidato and the said election and other agent and
person or any of them, should not be subject to any of the con-
sequences under this Act of the said act or omission, tho Court
may mako an order allowing such act or omission to be all
oxception from the provisions of this Act which would otherwise
make the same an illegal practice, payment, employment, or
hiring, and thereupon such candidate, agent, or person shall
not be subject to any of the consequences under this Act of the
said act or onission.
The Court has power to excuso in caso of bond fide inadvortence, accidental
miscalculation, or similar causo in tho porson primá facie guilty of the illegal
act. The Soction does not apply to corrupt practices, but is more extensive
than the previous Soction in rospect of applying to penal as well as electoral
consequences. The courts of summary jurisdiction have no powor to act
undor this section, but if a prosocution bo commenced in such a Court,
application for relioſ must bo to tho IIigh Court.
Election Eaſpenses.
Nomination 24. (1.) On or bofore the day of nomination at an election,
of * a person shall be named by or on behalf of each candidate as
agent.
his agent for such cloction (in this Act referred to as the election
agent).
CORINUI”T PRACTICES ACT, 1883—ELECTION AGENT.
477
(2.) A candidate may name himself as election agent, and
thereupon shall, So far as circumstances admit, be subject to the
provisions of this Act both as a candidate and as an election
agent, and any reference in this Act to an election agent shall
be construed to refer to the candidate acting in his capacity of
election agent.
3.) On or before the day of nomination the name and
address of the election agent of each candidate shall be declared
in writing by the candidate or some other person on his behalf
to the returning officer, and the returning officer shall forth with
give public notice of the name and address of every election
agent so declared.
(4.) One election agent only shall be appointed for each can-
didate, but the appointment, whether the election agent ap-
pointed be the candidate himself or not, may be revoked, and in
the ovent of such revocation or his death, whether such event
is before, during, or after the election, then forthwith another
election agent shall be appointed, and his name and address
declared in writing to the returning officer, who shall forth with
give public notice of the same.
25. (1.) In the case of the elections specified in that behalf
in the first schedule to this Act “ an election agent of a candi-
date may appoint the number of deputies therein mentioned
(which deputies are in this Act referred to as sub-agents), to
act within different polling districts.
(2.) As regards matters in a polling district the election agent
may act by the sub-agent for that district, and anything done
for the purposes of this Act by or to the sub-agent in his dis-
trict shall be doomed to be done by or to the election agent, and
any act or default of a sub-agent which, if he were the election
agent, would be an illegal practice or other offence against this
Act, shall be an illegal practice and offence against this Act
committed by the sub-agent, and the sub-agent shall be liable
to punishment accordingly ; and the candidate shall suffer the
like incapacity as if the said act or default had been the act or
default of the election agent.
(3.) One clear day before the polling the election agent shall
declare in writing the name and address of every sub-agent to
the returning officer, and the returning officer shall forthwith
give public notice of the name and address of every sub-agent
so declared.
(4.) The appointment of a sub-agent shall not be vacated by
the election agent who appointed him ceasing to be election
agent, but may be revoked by the election agent for the time
being of the candidate, and in the event of such revocation or of
the death of a sub-agent another sub-agent may be appointed,
and his name and address shall be forthwith declared in writing
to the returning officer, who shall forthwith give public notice
of the samo.
46 & 47 Vict,
c. 51.
Candidate may
be his own.
In writing to
returning
officer.
Re-nomination
on death or
revocation.
Election agent
may appoint
sub-agents.
* p. 504.
In position of
election agent.
Time for
nominating
sub-agents.
Revocation
or death.
478
PATRI W. —THE ISLECTION.
46 & 47 Vict,
c. 51.
Offices for
election agent
and sub-agents.
For delivery
of notices.
Appointing
clerks, &c.,
through
election agent.
Expenses
otherwise
incurred not
recoverable.
All payments
by election
agent.
To election
agent.
---.
26. (1.) An election agent at an election for a county or
borough shall have within the county or borough, or within
any county of a city or town adjoining thereto, and a sub-agent
shall have within his district, or within any county of a city or
town adjoining thereto, an office or place to which all claims,
notices, writs, summons, and documents may be sent, and the
address of such office or place shall be declared at the same time
as the appointment of the said agent to the returning officer,
and shall be stated in the public notice of the name of the
agent.
(2.) Any claim, notice, writ, summons, or document delivered
at such office or place and addressed to the election agent or
sub-agent, as the case may be, shall be deemed to have been
served on him, and every such agent may in respect of any
matter connected with the election in which he is acting be
sued in any court having jurisdiction in the county or borough
in which the said office or place is situate.
27. (1.) The election agent of a candidate by himself or by
his sub-agent shall appoint every polling agent, clerk, and
messenger employed for payment on behalf of the candidate at
an election, and hire every committee room hired on behalf of
the candidate.
(2.) A contract whereby any expenses are incurred on account
of or in respect of the conduct or management of an election
shall not be enforceable against a candidate at such election
unless made by the candidate himself or by his election agent,
either by himself or by his sub-agent; provided that the in-
ability under this section to enforce such contract against the
candidate shall not relieve the candidate from the consequences
of any corrupt or illegal practice having been committed by his
agent.
28. (1.) Txcept as permitted by or in pursuance of this Act,
no payment and no advance or deposit shall be made by a can-
didate at an election or by any agent on behalf of the candidate
or by any other person at any time, whether before, during, or
after such election, in respect of any expenses incurred on
account of or in respect of the conduct or management of such
election, otherwise than by or through the election agent of the
candidate, whether acting in person or by a sub-agent; and all
money provided by any person other than the candidate for any
expenses incurred on account of or in respect of the conduct or
management of the election, whether as gift, loan, advance, or
deposit, shall be paid to the candidate or his election agent and
not otherwise ;
Provided that this section shall not be deemed to apply to a
tender of security to or any payment by the returning officer or
to any sum disbursed by any person out of his own money for
any small expense legally incurred by himself, if such sum is
not repaid to him.
CORRUPT PRACTICES ACT, 1883—PAYMENTS BY AGENT.
479
(2.) A person who makes any payment, advance, or deposit
in contravention of this section, or pays in contravention of this
section any money So provided as aforesaid, shall be guilty of
an illegal practice.
29. (1.) Every payment made by an election agent, whether
by himself or a sub-agent, in respect of any expenses incurred
on account of or in respect of the conduct or management of an
election, shall, except where less than forty shillings, be vouched
for by a bill stating the particulars and by a receipt.
(2.) Every claim against a candidate at an election or his
election agent in respect of any expenses incurred on account of
or in respect of the conduct or management of such election
which is not sent in to the election agent within the time
limited by this Act shall be barred and shall not be paid; and,
subject to such exception as may be allowed in pursuance of
this Act, an election agent who pays a claim in contravention
of this enactment shall be guilty of an illegal practice.
(3) Except as by this Act permitted, the time limited by this
Act for sending in claims shall be fourteen days after the day
on which the candidates returned are declared elected.
(4.) All expenses incurred by or on behalf of a candidate at
an election, which are incurred on account of or in respect of
the conduct or management of such election, shall be paid within
the time limited by this Act and not otherwise; and, subject to
such exception as may be allowed in pursuance of this Act, an
election agent who makes a payment in contravention of this
provision shall be guilty of an illegal practice.
(5.) Except as by this Act permitted, the time limited by this
Act for the payment of such expenses as aforesaid shall be
twenty-eight days after the day on which the candidates
returned are declared elected.
(6.) Where the election court reports that it has been proved
to such court by a candidate that any payment made by an
election agent in contravention of this section was made without
the sanction or connivance of such candidate, the election of
such candidate shall not be void, nor shall he be subject to any
incapacity under this Act by reason only of such payment having
been made in contravention of this section. -
(7.) If the election agent in the case of any claim sent in to
him within the time limited by this Act disputes it, or refuses
or fails to pay it within the said period of twenty-eight days,
such claim shall be deemed to be a disputed claim.
(8.) The claimant may, if he thinks fit, bring an action for a
disputed claim in any competent court; and any sum paid by
the candidate or his agent in pursuance of the judgment or
order of such court shall be deemed to be paid within the time
limited by this Act, and to be an exception from the pro-
visions of this Act, requiring claims to be paid by the election
agent.
46 & 47 Vict.
c. 51.
Contravention,
illegal prac-
tice.
Vouchers for
all payments
above 40s.
Claims barred
by lapse of
time.
14 days after
election.
Expenses paid
within limited
time,
otherwise,
illegal prac-
tice.
28 days after
election.
Saving for
candidate not
conniving.
Disputed
claims.
Saving for
their payment
after judg-
ment.
08?
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()()]?]RUPT PRACTICES ACT, 1883--It ºr URN AND DECLA RATION.
481
- -------------------- ~~~... ------ --- - - - - - -- --- ---------wr-e-...----------------------> ---- -----
(2.) The account of the charges claimed by the returning
officer in the case of a candidate and transmitted in pursuance
of section four of the Parliamentary Iſlections (Returning
Officers) Act, 1875,” shall be transmitted within the time spe-
ciſied in the Said section to the election agent of the candidate,
and need not be transmitted to the candidate.
33. (1.) Within thirty-five days after the day on which the
candidates returned at an election are declared olected, the elec-
tion agent of every candidate at that election shall transmit to
the returning officer a true return (in this Act reſerred to as a
return respecting election expenses), in the form Sct forth in
the second schedule to this Act for to the like effect, containing
as rospects that candidate, -
(a.) A statement of all paymonts made by the election agent,
together with all the bills and receipts (which bills
and receipts are in this Act included in the expression
“return respecting election expenses”);
(b.) A statement of tho amount of personal expenses (if any)
paid by the candidate ;
(c.) A statement of the sums paid to the returning officer for
his charges, or, if the amount is in dispute, of the sum
claimed and the amount disputed;
(d.) A statement of all other disputed claims of which the
election agent is aware;
(e.) A statement of all the unpaid claims (if any) of which
the election agent is aware, in respect of wuich appli-
cation has been or is about to be made to the High
Court ;
(f) A statement of all money, securities, and equivalent of
money received by the election agent from the candi-
date or any other person for the purpose of expenses
incurred or to be incurred on account of or in respect
of the conduct or management of the eloction, with a
statement of the name of overy poison from whom the
Same may have been received.
(2.) The return so transmitted to the returning officer shall
bo accompanied by a declaration made by the election agent
before a justice of the peace in the form in the second schedule
to this Act I (which declaration is in this Act referred to as a
declaration respecting cloction expenses).
(3.) Whore the candidate has named himself as his election
agont, a statement of all money, securities, and equivalent of
money paid by the candidate shall be substituted in the return
required by this section to be transmitted by the election agent
for the like statement of money, securities, and equivalent of
money received by the election agent from the candidate; and
the declaration by an election agent respecting election expenses
mood not be made, and the declaration by the candidate respect-
ing election expenses shall be modified as spocified in the second
schedule to this Act.
46 & 47 Wict.
c. 51.
Returning
oſlicer’s
expenses.
* p. 459.
Return and
declaration
respecting
election
expenses to
contain :
f p. 507.
payments by
him with
vouchers ;
candidate's
expenses ;
returning
officer’s
charges ;
disputed
claims;
unpaid claims.
Xash received.
Agent's
declaration.
t p. 507.
Candidate his
own agent.
2 I
482
PART W.—"l'III) IQI,I)('['I()N.
46 & 47 Vict.
c. 51, R. 33.
--------------------- - - -, -r -- - -
Declaration of
Jºapenses.
'andidate's
declaration.
}} p. 507.
Candidate not
to sit lill
returns, &c.,
made.
I'alse declara-
tion, perjury.
Candidate
abroad.
Supplemon-
tary return iſ
claims paid by
leave of Court.
Failure or
error in return,
(4.) At the same time that the agent transmits the said
return, or within soven days afterwards, the candidate shall
transmit or cause to be transmitted to the roturning officer a
declaration made by him before a justice of the peace, in the
form * in the first part of the second schedule to this Act (which
doclaration is in this Act referred to as a declaration respecting
election oxpenses).
(5.) If in the case of an oloction for any county or borough,
the said return and declarations are not transmitted before the
expiration of the time limited for tho purpose, the candidate
shall not, after the expiration of such time, sit or vote in the
Iſouse of Commons as momber for that county or borough until
either such return and declarations have boon transmitted, or
until the date of the allowance of such an authorized excuse for
tho failure to transmit the same, as in this Act 1mentioned, and
if he sits or votes in contravention of this enactment he shall
forfeit one hundred pounds for every day on which ho so sits or
votes to any person who Suos for the same.
(6.) If without such authorized excuse as in this Act mon-
tioned, a candidate or an election agont fails to comply with
the roquirements of this section he shall bo guilty of an illegal
practice.
(7.) If any candidate or election agent knowingly makes the
declaration roquired by this section falsely, ho shall be guilty
of an offenco, and on conviction thereof on indictment shall be
liablo to the punishment for wilful and corrupt perjury; such
offence shall also be deemed to be a corrupt practice within the
meaning of this Act.
(8.) Where the candidate is out of the United Kingdom at
the time whom the return is so transmitted to tho returning
officer, the declaration required by this section may be made by
him within fourteen days after his return to the United King-
dom, and in that case shall be forthwith transmitted to the
returning officer, but the delay hereby authorized in making
such declaration shall not exonorate the election agent from
complying with the provisions of this Act as to the roturn and
declaration respecting election oxpenses.
(9.) Where, after the date at which the return respecting
election exponses is transmitted, leave is given by the High
Jourt for any claims to be paid, the candidate or his election
agent shall, within seven days after the payment thereof,
transmit to the returning officer a return of the sums paid in
pursuance of such leave accompanied by a copy of the order of
the court giving the leave, and in dofault he shall be deemed to
have failed to comply with the requirements of this section
without such authorized excuse as in this Act mentioned.
34. (i.) Whore the return and declarations respecting election
oxponses of a candidate at an election for a county or borough
have not boon transmitted as required by this Act, or being
transmitted contain some error or false statomont, thon—
CORRUPT PRACTICES ACT, 1883—ExcusABLE TRRoſts IN RETURN.
483
(a) if the candidate applies to the High Court or an election
court and shows that the failure to transmit such re-
turn and declarations, or any of them, or any part
thereof, or any error or falso statement therein, has
arisen by reason of his illness, or of the absonce, death,
illness, or misconduct of his election agent or sub-agent
or of any clork or officer of such agent, or by reason of
inadvertence or of any reasonable cause of a like nature,
and not by reason of any want of good faith on the
part of the applicant, or
(b.) if the election agent of the candidate applies to the High
Court or an election court and shows that the failure
to transmit the roturn and declarations which he was
required to transmit, or any part thereof, or any error
or falso statement theroin, arose by reason of his illness
or of the death or illness of any prior election agent of
the candidate, or of the absence, death, illness, or mis-
conduct of any sub-agont, clerk, or officer of an election
agent of the candidate, or by reason of inadvertence or
of any reasonable cause of a like nature, and not by
reason of any want of good faith on the part of the
applicant,
tho court may, after such notice of the application in the said
county or borough, and on production of such evidence of the
grounds stated in the application, and of the good faith of the
application, and otherwise, as to the court seems fit, make such
order for allowing an authorized excuse for the failure to transmit
such return and declaration, or for an error or false statement in
such return and declaration, as to the court seems just.
(2.) Where it appears to the court that any person being or
having been election agent or sub-agont has refused or failed to
make such return or to supply such particulars as will enable
the candidate and his election agent respectively to comply with
the provisions of this Act as to the return and declaration re-
specting election expenses, the court before making an order
allowing the excuse as in this section mentioned shall order
such person to attend before the court, and on his attendance
shall, unless he shows cause to the contrary, order him to make
the return and declaration, or to deliver a statement of the par-
ticulars required to be contained in the return, as to the court
Reem just, and to make or deliver the same within such time
and to such person and in such manner as the court may direct,
or may order him to be examined with respect to such par-
ticulars, and may in default of compliance with any such order
order him to pay a fine not exceeding five hundred pounds.
(3.) The order may make the allowance conditional upon the
making of the return and declaration in a modified form or
within an extended time, and upon the compliance with such
ºther terms as to the court seem best calculated for carrying
into effect the objects of this Act; and an order allowing an
46 & 47 Vict.
c. 51.
if due to
candidate's
illness or
agent's mis-
conduct, &c.,
or agent's
illness or sub-
agent’s mis-
conduct, &c.,
may be excused
by order of the
Court.
Court may
order other
person in
default to
make the
return.
Orders on
terms.
2 2
484
JPAIRT V.- "I"HE EI/TCTION.
46 & 47 Vict.
c. 51, 8, 34.
ſtelief on
failure of
Return of
Jºapenses.
I)ate of relief.
Summary of
return of
election
expenses by
returning
oflicer.
* p. 456.
Returns open
for inspection
for two years.
Votes of
persons guilty
of corrupt
or illegal
practices void
and prohibited.
Votes of
persons con-
victed or
reported guilty
void.
authorized excuse shall relieve the applicant for the order from
any liability or consequences under this Act in respect of the
matter excused by the order; and where it is proved by the
candidate to the court that any act or omission of the election
agent in relation to the roturn and doclaration respecting elec-
tion expenses was without the Sanction or connivance of the can-
didate, and that the candidate took all reasonable means for
proventing such act or omission, the court shall relieve the Can-
didate from the consequences of such act or omission on the part
of his election agent.
(4.) The date of the order, or if conditions and terms are to
be complied with, the date at which the applicant fully com-
plies with them, is referred to in this Act as the date of the
allowance of the excuse.
35. (1.) The returning officer at an election within ten days
after he receivos from the election agent of a candidate a return
respecting election expenses shall publish a summary of the
return in not less than two newspapers circulating in the county
or borough for which the election was held, accompanied by a
notice of the time and place at which the return and declarations
(including the accompanying documents) can be inspected, and
may charge the candidate in respect of such publication, and
the amount of such charge shall be the sum allowed by the Par-
liamentary Illections (Returning Officers) Act, 1875.”
(2.) The return and declarations (including the accompanying
documents) sent to the returning officer by an election agent
shall be kept at the office of the returning officer, or some con-
venient place appointed by him, and shall at all reasonable times
during two years next after they are received by the returning
officer be open to inspection by any person on payment of a fee
of one shilling, and the returning officer shall on demand fur-
nish copios thereof or any part thereof at the price of twopence
for overy seventy-two words. After the expiration of the said
two years the returning officer may cause the said return and
declarations (including the accompanying documents) to be de-
stroyed, or, if the candidate or his election agent so require,
shall roturn the same to the candidate.
Disqualification of Electors.
36. Every person guilty of a corrupt or illegal practice or of
illegal employment, payment, or hiring at an election is pro-
hibited from voting at such election, and if any such person
votes his vote shall be void.
If a prohibited person yote, or if any person procure a prolibited person to
vote, he is guilty of an illegal practice under s.9, p. 470.
37. Tvery person who, in consequence of conviction or of the
report of any election court or election commissioners under this
Act, or under the Corrupt Practices (Municipal Elections) Act,
CORRUPT I’It ACTICIES ACT, 1883—APPEAL FROM ('OMMISSION]ºſts.
485
1872, or under Part IV. of the Municipal Corporations Act, 1882,
or under any other Act for the time being in force relating to
corrupt practices at an election for any public office, has become
incapable of voting at any election, whether a parliamentary
election or an election to any public office, is prohibited from
voting at any such election, and his vote shall be void.
For the consequences of prohibition, see preceding section.
38. (1.) Before a person, not being a party to an election peti-
tion nor a candidate on behalf of whom the seat is claimed by
an election petition, is reported by an election court, and before
any person is reported by election commissioners, to have been
guilty, at an election, of any corrupt or illegal practice, the
court or commissioners, as the case may be, shall cause notice to
be given to such person, and if he appears in pursuance of the
notice, shall give him an opportunity of being heard by himself
and of calling evidence in his defence to show why he should
not be so reported.
(2.) Every person reported by election commissioners to have
been guilty at an election of any corrupt or illegal practice may
appeal against such report to the next court of oyer and ter-
miner or gaol delivery held in and for the county or place in
which the offence is alleged to have been committed, and such
court may hear and determine the appeal; and subject to rules
of court such appeal may be brought, heard, and determined in
like manner as if the court were a court of quarter sessions and
the said commissioners were a court of summary jurisdiction,
and the person so reported had been convicted by a court of
summary jurisdiction for an offence under this Act, and notice
of every such appeal shall be given to the director of public
prosecutions in the manner and within the time directed by
rules of court, and subject to such rules then within three days
after the appeal is brought.
(3.) Where it appears to the Lord Chancellor that appeals
under this section are interfering or are likely to interfere with
the ordinary business transacted before any courts of oyer and
terminer or gaol delivery, he may direct that the said appeals,
or any of them, shall be heard by the judges for the time being
on the rota for election petitions, and in such case one of such
judges shall proceed to the county or place in which the offences
aro alleged to have been committed, and shall there hear and
determine the appeals in like manner as if such judge were a
court of oyer and terminer.
(4.) The provisions of the Parliamentary Elections Act, 1868,
with respect to the reception and powers of and attendance on
an election court, and to the expenses of an election court, and
of receiving and accommodating an election court, shall apply
as if such judge were an election court.
(5.) Dvery person who after the commencement of this Act is
reported by any election court or election commissioners to have
46 & 47 Vict,
c. 51.
---------- *-** - * * * *
Hearing of
person before
he is reported
guilty of cor-
rupt or illegal
practice, and
incapacity
of person
reported
guilty.
Appeal from
Election Com-
missioners to
Assizes.
Extra judge to
hear appeals.
To be deemed
election court.
486
PART W.--THE EI, ECTION.
46 & 47 Vict, been guilty of any corrupt or illegal practice at an election,
c. 51, s. 38.
JProcedure
against pro-
fessional, &c.,
persons.
Justice of the
peace reported
to be dealt with
by Chancellor.
Barristers and
solicitors, &c.,
reported to be
dealt with by
Inn of Court,
&c.
Licensed
persons
convicted of
bribery or
treating;
reported
guilty;
shall, whether he obtained a certificate of indemnity or not, be
subject to the same incapacity as he would be subject to if he
had at the date of such election been convicted of the offence of
which he is reported to have been guilty: Provided that a report
of any election commissioners inquiring into an election for a
county or borough shall not avoid the election of any candidate
who has been declared by an election court on the trial of a
petition respecting such election to have been duly elected at
such election or render him incapable of sitting in the House of
Commons for the said county or borough during the Parliament
for which he was elected.
(6.) Where a person who is a justice of the peace is reported
by any election court or election commissioners to have been
guilty of any corrupt practice in reference to an election, whether
he has obtained a certificate of indemnity or not, it shall be the
duty of the director of public prosecutions to report the case to
the Lord High Chancellor of Great Britain with such evidence
as may have been given of such corrupt practice, and where
any such person acts as a justice of the peace by virtue of his
being, or having been, mayor of a borough, the Lord High
Chancellor shall have the same power to remove such person
from being a justice of the peace as if he was named in a com-
mission of the peace.
(7.) Where a person who is a barrister or a solicitor, or who
|belongs to any profession the admission to which is regulated by
law, is reported by any election court or election commissioners
to have been guilty of any corrupt practice in reference to an elec-
tion whether such person has obtained a certificate of indemnity
or not, it shall be the duty of the director of public prosecu-
tions to bring the matter before the Inn of Court, High Court,
or tribunal having power to take cognizance of any misconduct
of such person in his profession, and such Inn of Court, High
Court, or tribunal may deal with such person in like manner as
if such corrupt practice were misconduct by such person in his
profession,
(8.) With respect to a person holding a licence or certificate
under the Licensing Acts (in this section referred to as a licensed
person) the following provisions shall have effect :—
(a.) If it appears to the court by which any licensed person
is convicted of the offence of bribery or treating that
such offence was committed on his licensed premises,
the court shall direct such conviction to be entered
in the proper register of licenses.
(b.) If it appears to an election court or election commissioners
that a licensed person has knowingly suffered any
bribery or treating in reference to any election to take
place upon his licensed premises, such court or com-
lmissioners (subject to the provisions of this Act as to a
person having an opportunity of being heard by him-
CORRUPT PRACTICES ACT, 1883—CoRRUPT PRACTICES LIST.
487
self and producing evidence before being reported)
shall report the same ; and whether such person ob-
tained a certificate of indemnity or not it shall be the
duty of the director of public prosecutions to bring
such report before the licensing justices from whom or
on whose certificate the licensed person obtained his
licence, and such licensing justices shall cause such
report to be entered in the proper register of licences.
(c.) Where an entry is made in the register of licences of
any such conviction of or report respecting any licensed
person as above in this section mentioned, it shall be
taken into consideration by the licensing justices in
determining whether they will or will not grant to
such person the renewal of his license or certificate,
and may be a ground, if the justices think fit, for
refusing such renewal.
(9.) Where the evidence showing any corrupt practice to
have been committed by a justice of the peace, barrister, solicitor,
or other professional person, or any licensed person, was given
before election commissioners, these commissioners shall report
the case to the director of public prosecutions, with such informa-
tion as is necessary or proper for enabling him to act under this
Section.
(10.) This section shall apply to an election court under this
Act, or under Part IV, of the Municipal Corporations Act, 1882,
and the expression election shall be construed accordingly.
The mayor and ex-mayor have a statutory right to be justices of the peace,
so as hitherto to have been not removable by the Lord Chancellor (S. 155
of the Municipal Corporations Act, 1882). Subs. 6 makes them removable.
39. (1.) The registration officer in every county and borough
shall annually make out a list containing the names and descrip-
tion of all persons who, though otherwise qualified to vote at a
parliamentary election for such county or borough respectively,
are not capable of voting by reason of having after the commence-
ment of this Act been found guilty of a corrupt or illegal practice
on conviction or by the report of any election court or election
commissioners whether under this Act, or under Part IV. of the
Municipal Corporations Act, 1882, or under any other Act for the
time being in force relating to a parliamentary election or an
election to any public office; and such officer shall state in the
list (in this Act referred to as the corrupt and illegal practices
list), the offence of which each person has been found guilty.
(2.) For the purpose of making out such list he shall examine
the report of any election court or election commissioners who
have respectively tried an election petition or inquired into an
46 & 47 Vict.
c. 51.
report sent to
licensing
justices;
and to be
evidence on
renewal.
Report to
Public Prose-
cutor by
Commissioners.
List of voters
incapacitated
by corrupt or
illegal prac-
tices
extracted from
reports.
election where the election (whether a parliamentary election
or an election to any public office) was held in any of the follow-
ing places; that is so say,
(a.) if he is the registration officer of a county, in that
county, or in any borough in that county ; and
488
PART W.—THE EI,ECTION.
46 & 47 Vict,
c. 51, s. 39.
Corrupt
Practices List.
List sent to
OW CISG0I'S.
Objection to
appearance or
non-appear-
ance in list
decided by
revising
barrister.
Irsertion by
barrister
on conviction
or report only.
List appended
to register.
Time for pre-
sentation of
election peti-
tions alleging
illegal
practice.
(b.) if he is the registration officer of a borough, in the county
in which such borough is situate, or in any borough in
that county.
(3.) The registration officer shall send the list to the overseers
of every parish within his county or borough, together with his
precept, and the overseers shall publish the list together with
the list of voters, and shall also, in the case of every person in
the corrupt and illegal practices list, omit his name from the
list of persons entitled to vote, or, as circumstances require, add
“objected * before his name in the list of claimants or copy of
the register published by them, in like manner as is required
by law in any other cases of disqualification.
(4.) Any person named in the corrupt and illegal practices
list may claim to have his name omitted therefrom, and any
person entitled to object to any list of voters for the county or
borough may object to the omission of the name of any person
from such list. Such claims and objections shall be sent in
within the same time and be dealt with in like manner, and any
such objection shall be served on the person referred to therein
in like manner, as nearly as circumstances admit, as other claims
and objections under the enactments relating to the registration
of parliamentary electors.
(5.) The revising barrister shall determine such claims and
objections and shall revise such list in like manner as nearly as
circumstances admit as in the case of other claims and objec-
tions, and of any list of voters.
(6.) Where it appears to the revising barrister that a person
not named in the corrupt and illegal practices list is subject to
have his name inserted in such list, he shall (whether an objec-
tion to the Omission of such name from the list has or has not
been made, but) after giving such person an opportunity of
making a statement to show cause to the contrary, insert his
name in such list and expunge his name from any list of voters.
(7.) A revising barrister in acting under this section shall
determine only whether a person is incapacitated by conviction
or by the report of any election court or election commissioners,
and shall not determine whether a person has or not been guilty
of any corrupt or illegal practice.
(8.) The corrupt and illegal practices list shall be appended
to the register of electors, and shall be printed and published
there with wherever the same is printed or published.
The “registration officer” is town clerk in a borough, and clerk of the peace in
a county (see s. 64, p. 501).
Proceedings on Election Petition.
40. (1.) Where an election petition questions the return or
the election upon an allegation of an illegal practice, then not-
withstanding anything in the Parliamentary Elections Act,
1868, such petition, so far as respects such illegal practice, may
be presented within the time following ; (that is to say),
CORRUPT PRACTICES ACT, 1883—WITHDRAWAL OF PETITION.
489
(a.) At any time before the expiration of fourteen days after
the day on which the returning officer receives the
return and declarations respecting election expenses by
the member to whose election the petition relates and
his election agent.
(b.) If the election petition specifically alleges a payment of
money, or some other act to have been made or done
since the said day by the member or an agent of the
member, or with the privity of the member or his
election agent in pursuance or in furtherance of the
illegal practice alleged in the petition, the petition
46 & 47 Vict.
c. 51.
14 days after
return of
election
expenses.
28 days after
payment in
furtherance.
may be presented at any time within twenty-eight
days after the date of such payment or other act.
2.) Any election petition presented within the time limited
by the Parliamentary Elections Act, 1868, may for the purpose
of questioning the return or the election upon an allegation of
an illegal practice be amended with the leave of the High Court
within the time within which a petition questioning the return
upon the allegation of that illegal practice can under this section
be presented.
(3.) This section shall apply in the case of an offence relating
to the return and declarations respecting election expenses in
like manner as if it were an illegal practice, and also shall appl
notwithstanding that the act constituting the alleged illegal
practice amounted to a corrupt practice.
(4.) For the purposes of this section—
(a.) where the return and declarations are received on
different days, the day on which the last of them is
received, and
(b.) where there is an authorized excuse for failing to make
and transmit the return and declarations respecting
election expenses, the date of the allowance of the
excuse, or if there was a failure as regards two or
more of them, and the excuse was allowed at different
time, the date of the allowance of the last excuse,
shall be substituted for the day on which the return and declara-
tions are received by the returning officer.
5.) For the purposes of this section, time shall be reckoned
in like manner as it is reckoned for the purposes of the Parlia-
mentary Elections Act, 1868.
Sundays, Christmas Day, Good Friday, Fasts, and Thanksgivings are
onlitted in reckoning the time (s. 49 of Act of 1868, p. 536).
41. (1.) Before leave for the withdrawal of an election petition
is granted, there shall be produced affidavits by all the parties
to the petition and their solicitors, and by the election agents
of all of the said parties who were candidates at the election,
but the High Court may on cause shown dispense with the
affidavit of any particular person if it seems to the court on
Special grounds to be just so to do.
Amendment of
petition.
Offences
relating to
return.
Return and
declaration on
different days.
Authorized
€ XCllSČ.
Reckoning
time.
Affidavits on
withdrawal
of election
petition.
490
IPAIRT V.- THE ELECTION.
46 & 47 Vict.
c. 51, S. 41.
Withdrawal of
Petition.
Disclaimer of
agreement.
To give grounds
of withdrawal.
Misdemeanor
to withhold
agreement
from affidavit.
Public Prose-
cutor may be
heard.
* p. 532.
Report of
withdrawal to
Speaker.
All solicitors
to make
aſſidavit.
(2.) Each affidavit shall state that, to the best of the depo-
ment's knowledge and belief, no agreement or terms of any kind
whatsoever has or have been made, and no undertaking has
been entered into, in relation to the withdrawal of the petition;
but if any lawful agreement has been made with respect to the
withdrawal of the petition, the affidavit shall set forth that
agreement, and shall make the foregoing statement subject to
what appears from the affidavit.
(3.) The affidavits of the applicant and his solicitor shall
further state the ground on which the petition is sought to be
withdrawn.
(4.) If any person makes any agreement or terms, or enters
into any undertaking, in relation to the withdrawal of an elec-
tion petition, and such agreement, terms, or undertaking is or
are for the withdrawal of the election petition in consideration
of any payment, or in consideration that the seat shall at any
time be vacated, or in consideration of the withdrawal of any
other election petition, or is or are (whether lawful or unlaw-
ful) not mentioned in the aforesaid affidavits, he shall be guilty
of a misdemeanor, and shall be liable on conviction on indict-
ment to imprisonment for a term not exceeding twelve months,
and to a fine not exceeding two hundred pounds.
(5.) Copies of the said affidavits shall be delivered to the
director of public prosecutions a reasonable time before the ap-
plication for the withdrawal is heard, and the court may hear
the director of public prosecutions or his assistant or other
representative (appointed with the approval of the Attorney-
General), in opposition to the allowance of the withdrawal of
the petition, and shall have power to receive the evidence on
oath of any person or persons whose evidence the director of
public prosecutions or his assistant, or other representative,
may consider material.
(6.) Where in the opinion of the court the proposed with-
drawal of a petition was the result of any agreement, terms, or
undertaking prohibited by this section, the court shall have the
same power with respect to the security as under section thirty-
five of the Parliamentary Elections Act, 1868,” where the with-
drawal is induced by a corrupt consideration.
(7.) In overy case of the withdrawal of an election petition
the court shall report to the Speaker whether, in the opinion of
such court, the withdrawal of such petition was the result of
any agreement, terms, or undertaking, or was in consideration
of any payment, or in consideration that the seat should at
any time be vacated, or in consideration of the withdrawal
of any other election petition, or for any other consideration,
and if so, shall state the circumstances attending the with-
drawal.
(8.) Where more than one solicitor is concerned for the
petitioner or respondent, whether as agent for another solicitor
or otherwise, the affidavit shall be made by all such solicitors.
CORRUPT PRACTICES ACT, 1883—PROSECUTION BEFORE COURT.
491
(9.) Where a person not a solicitor is lawfully acting as agent
in the case of an election petition, that agent shall be deemed
to be a solicitor for the purpose of making an affidavit in pur-
suance of this section.
42. The trial of every election petition so far as is prac-
ticable, consistently with the interests of justice in respect of
such trial, shall be continued de die in diem on every lawful day
until its conclusion, and in case the rota of judges for the year
shall expire before the conclusion of the trial, or of all the pro-
ceedings in relation or incidental to the petition, the authority
of the said judges shall continue for the pupose of the said trial
and proceedings.
43. (1.) On every trial of an election petition the director of
public prosecutions shall by himself or by his assistant, or by
such representative as hereinafter mentioned, attend at the
trial, and it shall be the duty of such director to obey any
directions given to him by the election court with respect to the
summoning and examination of any witness to give evidence on
such trial, and with respect to the prosecution by him of
offenders, and with respect to any person to whom notice is
given to attend with a view to report him as guilty of any
corrupt or illegal practice.
(2.) It shall also be the duty of such director, without any
direction from the election court, if it appears to him that any
person is able to give material evidence as to the subject of the
trial, to cause such person to attend the trial, and with the leave
of the court to examine such person as a witness.
(3.) It shall also be the duty of the said director, without
any direction from the election court, if it appears to him that
any person who has not received a certificate of idemnity has
been guilty of a corrupt or illegal practice, to prosecute such
person for the offence before the said court, or if he thinks it
expedient in the interests of justice before any other competent
Court.
(4) Where a person is prosecuted before an election court
for any corrupt or illegal practice, and such person appears be-
fore the court, the court shall proceed to try him summarily for
the said offence, and such person, if convicted thereof upon such
trial, shall be subject to the same incapacities as he is rendered
subject to under this Act upon conviction, whether on indict-
ment or in any other proceeding for the said offence; and
further, may be adjudged by the court, if the offence is a corrupt
practice, to be imprisoned, with or without hard labour, for a
term not exceeding six months, or to pay a fine not exceeding
two hundred pounds, and if the offence is an illegal practice, to
pay such fine as is fixed by this Act for the offence;
Provided that, in the case of a corrupt practice, the court,
before proceeding to try summarily any person, shall give such
berson the option of being tried by a jury.
46 & 47 Wict.
c. 51.
Affidavit by
agents.
Trial of
petition de die
in diem.
Public Prose-
cutor or
assistant to
attend trial.
May summon
witnesses.
Prosecution
by him of
offenders.
Summary
prosecution by
election court.
Punishment.
Option of jury.
492 PART W.—THE EI,ECTION.
46 & 47 Vict. (5.) Where a person is so prosecuted for any such offence,
* * * * and either he elects to be tried by a jury or he does not appear
Pººl, before the court, or the court thinks it in the interests of justice
expedient that he should be tried before some other court, the
Indictment court, if of opinion that the evidence is sufficient to put the said
. º person upon his trial for the offence, shall order such person to
Ol’(ICFCC1,
be prosecuted on indictment or before a court of summary juris-
diction, as the case may require, for the said offence ; and in
either case may order him to be prosecuted before such court as
may be named in the order; and for all purposes preliminary
and of and incidental to such prosecution the offence shall be
deemed to have been committed within the jurisdiction of the
court so named.
- º Upon such order being made,
Commitment (a.) if the accused person is present before the court, and the
for trial. offence is an indictable offence, the court shall commit
him to take his trial, or cause him to give bail to ap-
pear and take his trial for the said offence; and
Summary (b.) if the accused person is present before the court, and the
Court. offence is not an indictable offence, the court shall
order him to be brought before the court of summary
jurisdiction before whom he is to be prosecuted, or
cause him to give bail to appear before that court; and
Warrant. (c.) if the accused person is not present before the court, the
court shall as circumstances require issue a summons
for his attendance, or a warrant to apprehend him
and bring him, before a court of summary jurisdiction,
and that court, if the offence is an indictable offence,
shall, on proof only of the summons or warrant and
the identity of the accused, commit him to take his
trial, or cause him to give bail to appear and take his
trial for the said offence, or if the offence is punishable
on summary conviction, shall proceed to hear the case,
or if such court be not the court before whom he is
directed to be prosecuted, shall order him to be brought
before that court.
Qualification (7.) The director of public prosecutions may nominate, with
of Public the approval of the Attorney-General, a barrister or solicitor of
*... not less than ten years standing to be his representative for the
representative. purpose of this section, and that representative shall receive
such remuneration as the Commissioners of her Majesty's Trea-
sury may approve. There shall be allowed to the director and
his assistant or representative, for the purposes of this section,
such allowance for expenses as the Commissioners of Her
Majesty's Treasury may approve.
Public (8.) The costs incurred in defraying the expenses of the
Prosecutor's director of public prosecutions under this section (including the
expenses. remuneration of his representative) shall, in the first instance,
be paid by the Commissioners of Her Majesty's Treasury, and so
far as they aro not in the case of any prosecution paid by the
CORRUPT PRACTICES ACT, 1883—PAYMENT of CosTs of PETITION.
493
defendant shall be deemed to be expenses of the election court;
but if for any reasonable cause it seems just to the court so to
do, the court shall order all or part of the said costs to be repaid
to the Commissioners of Her Majesty's Treasury by the parties
to the petition, or such of them as the court may direct.
44. (1.) Where upon the trial of an election petition respect-
ing an election for a county or borough it appears to the election
court that a corrupt practice has not been proved to have been
committed in reference to such election by or with the know-
ledge and consent of the respondent to the petition, and that
such respondent took all reasonable means to prevent corrupt
practices being committed on his behalf, the court may make
one or more orders with respect to the payment either of the
whole or such part of the costs of the petition as the court may
think right as follows;
(a.) if it appears to the court that corrupt practices exten-
sively prevailed in reference to the said election, the
court may order the whole or part of the costs to be
paid by the county or borough ; and
(b.) if it appears to the court that any person or persons is or
are proved, whether by providing money or other-
wise, to have been extensively engaged in corrupt
practices, or to have encouraged or promoted exten-
sive corrupt practices in reference to such election,
the court may, after giving such person or persons an
opportunity of being heard by counsel or solicitor
and examining and cross-examining witnesses to show
cause why the order should not be made, order the
whole or part of the costs to be paid by that person,
or those persons or any of them, and may order that if
the costs cannot be recovered from one or more of such
persons they shall be paid by some other of such per-
sons or by either of the parties to the petition.
(2) Where any person appears to the court to have been
guilty of the offence of a corrupt or illegal practice, the court
may, after giving such person an opportunity of making a state-
ment to show why the order should not be made, order the whole
or any part of the costs of or incidental to any proceeding before
the court in relation to the said offence or to the said person to
be paid by the said person.
(3.) The rules and regulations of the Supreme Court of Judi-
cature with respect to costs to be allowed in actions, causes, and
matters in the High Court shall in principle and so far as practic-
able apply to the costs of petition and other proceedings under
the Parliamentary Elections Act, 1868, and under this Act, and
the taxing officer shall not allow any costs, charges, or expenses
on a higher scale than would be allowed in any action, cause, or
matter in the High Court on the higher scale, as between solicitor
and client,
46 & 47 Wict.
c. 51.
Power to
election court
to order pay-
ment by
county or
borough of
costs of elec-
tion petition.
Payment by
corrupt
persons.
By persons
guilty of
illegal prac-
tices.
Rules of
Supreme
Court as to
costs applied.
494
DART W.--THE ELECTION.
46 & 47 Vict.
c. 51.
Inquiry by
Public Pro-
secutor into
corrupt or
illegal prac-
tices.
Removal of
incapacity on
proof that it
was procured
by perjury.
Polling places
within 3 miles
of voter’s
residence in
counties.
County local
authority may
alter districts
and places.
Borough local
authority to
divide it so
that
* p. 424.
voter may poll
within a mile
from residence.
Miscellaneous.
45. Where information is given to the director of public pro-
secutions that any corrupt or illegal practices have prevailed in
reference to any election, it shall be his duty, subject to the regu-
lations under the Prosecution of Offences Act, 1879, to make such
inquiries and institute such prosecutions as the circumstances of
the case appear to him to require.
46. Where a person has, either before or after the commence-
ment of this Act, become subject to any incapacity under the
Corrupt Practices Prevention Acts or this Act by reason of a
conviction or of a report of any election court or election com-
missioners, and any witness who gave evidence against such in-
capacitated person upon the proceeding for such conviction or
report is convicted of perjury in respect of that evidence, the
incapacitated person may apply to the High Court, and the
court, if satisfied that the conviction or report so far as respects
such person was based upon perjury, may order that such in-
capacity shall thenceforth cease, and the same shall cease accord-
ingly.
47. (1.) Every county shall be divided into polling districts,
and a polling place shall be assigned to each district in such
manner that, so far as is reasonably practicable, every elector
resident in the county shall have his polling place within a
distance not exceeding three miles from his residence, so never-
theless that a polling district need not in any case be constituted
containing less than one hundred electors.
(2.) In every county the local authority who have power to
divide that county into polling districts shall from time to time
divide the county into polling districts, and assign polling places
to those districts, and alter those districts and polling places in
such manner as may be necessary for the purpose of carrying into
effect this section. t
(3.) The power of dividing a borough into polling districts
vested in a local authority by the Representation of the People
Act, 1867,” and the enactments amending the same, may be exer-
cised by Such local authority from time to time, and as often as
the authority think fit, and the said power shall be deemed to
include the power of altering any polling district, and the said
local authority shall from time to time, where necessary for the
purpose of carrying this section into effect, divide the borough
into polling districts in such manner that—
(a.) Every elector resident in the borough, if other than one
hereinafter mentioned, shall be enabled to poll within a
distance not exceeding one mile from his residence, so
nevertheless that a polling district need not be consti-
tuted containing less than three hundred electors; and
(b.) Every elector resident in the boroughs of East Retford,
Shoreham, Cricklade, Much Wenlock, and Aylesbury,
CORRUPT PRACTICES ACT, 1883—Polſ.ING PLACEs.
495
shall be enabled to poll within a distance not exceed-
ing three miles from his residence, so nevertheless that
a polling district need not be constituted containing
less than one hundred electors.
(4.) So much of section five of the Ballot Act, 1872,” and the
enactments amending the same as in force and is not repealed
by this Act, shall apply as if the same were incorporated in this
section.
(5.) The expenses incurred by the local authority of a county
or borough under this or any other Act in dividing their county
or borough into polling districts, and, in the case of a county, as-
signing polling places to such districts, and in altering any such
districts or polling places, shall be defrayed in like manner as if
they were expenses incurred by the registration officer in the
execution of the enactments respecting the registration of electors
in such county or borough, and those enactments, so far as is
consistent with the tenor thereof, shall apply accordingly.
48. Where the nature of a county is such that any electors
residing therein are unable at an election for such county to
reach their polling place without crossing the sea or a branch or
arm thereof, this Act shall not prevent the provision of means
for conveying such electors by sea to their polling place, and the
amount of payment for such means of conveyance may be in
addition to the maximum amount of expenses allowed by this
Act.
By s. 7 the conveyance of voters for hire generally is forbidden.
49. Notwithstanding the provisions of the Act 15 and 16 Vict.
cap. 57, or any amendment thereof, in any case where, after the
passing of this Act, any commissioners have been appointed,
on a joint address of both Houses of Parliament, for the purpose
of making inquiry into the existence of corrupt practices in
any election, the said commissioners shall not make inquiries
concerning any election that shall have taken place prior to the
passing of this Act, and no witness called before such commis-
sioners, or at any election petition after the passing of this Act,
shall be liable to be asked or bound to answer any question for
the purpose of proving the commission of any corrupt practice at
or in relation to any election prior to the passing of this Act:
Provided that nothing herein contained shall affect any proceed-
ings that shall be pending at the time of such passing.
Legal Proceedings.
50. Where an indictment as defined by this Act for any offence
under the Corrupt Practices Prevention Acts or this Act is insti-
tuted in the High Court or is removed into the High Court by a
writ of certiorari issued at the instance of the Attorney-General,
and the Attorney-General suggests on the part of the Crown that
it is expedient for the purposes of justice that the indictment
46 & 47 Vict,
c. 51.
* p. 434.
Expenses of
local authority.
Conveyance
of voters by
sea in certain
C3 SeS.
Election com-
missioners not
to inquire
into elections
before the
passing of this
Act.
Trial in Cen-
tral Criminal
Court of
indictment
for corrupt
practice at
instance of
Attorney-
General.
496
PART W.--TIII) ELI)(;"I"I () N.
43 & 47 Vict.
c. 51.
One year
limitation for
prosecution of
offence.
To date from
service or
absconding.
Persons
charged with
corrupt prac-
tico may be
found guilty
of illegal
practice.
Application of
enactments of
17 & 18 Vict.
c. 102, and
26 & 27 Vict,
c. 29, relating
to prosecutions
for bribery.
* p. 415.
f p. 423.
-...-e------ ~~-ºr--a - “---~~~~~~~~~~
should be tried in the Contral Criminal Court, or if a special
jury is ordered, that it should be tried before a judge and jury
at the Royal Courts of Justico, the Iſigh Court may, if it think
fit, order that such indictment shall be so tried upon such terms
as the court may think just, and the High Court may make such
orders as appear to the court necessary or proper for carrying
into offect the order for such trial.
51. (1.) A proceeding against a person in respect of the offence
of a corrupt or illegal practice or any other offence under the
Jorrupt Practices Prevention Acts or this Act shall be com-
monced within one year after the offence was committed, or if it
was committed in reference to an election with respect to which
an inquiry is held by olection commissioners shall be commonced
within one year after the offence was committed, or within three
months after the report of such commissioners is made, which-
ever poriod last expires, so that it be commenced within two
years after the offence was committed, and the time so limited
by this section shall, in the case of any proceeding under the
Summary Jurisdiction Acts for any such offence, whether before
an election court or otherwise, be substituted for any limitation
of time contained in the last-mentioned Acts.
(2.) I'or the purposes of this section the issue of a summons,
warrant, writ, or other process shall be deemed to be a com-
mencement of a proceeding, where the Service or execution of the
same on or against the alleged offender is prevented by the ab-
sconding or concealment or act of the alleged offender, but save
as aforesaid the service or execution of the same on or against
the alleged offender, and not the issue thereof, shall be deemed
to be the commencement of the proceeding.
52. Any person charged with a corrupt practice may, if the
circumstances warrant such finding, be found guilty of an illegal
practice, (which offence shall for that purpose be an indictable
offence,) and any person charged with an illegal practice may be
found guilty of that offence, notwithstanding that the Act con-
stituting the offence amounted to a corrupt practice, and a person
charged with illegal payment, employment, or hiring, may be
found guilty of that offence, notwithstanding that the Act con-
stituting the offence amounted to a corrupt or illegal practice.
53. (1.) Sections ten, twelve, and thirteen of the Corrupt
I’ractices I’revention Act, 1854,” and section six of the Corrupt
Tractices Provention Act, 1863 f (which relate to prosecutions for
bribery and othor offences under those Acts), shall extend to any
prosocution on indictment for the offence of any corrupt practice
within the moaning of this Act, and to any action for any
pecuniary forfeiture for an offence under this Act, in like manner
as if such offence were bribery within the meaning of those Acts,
and such indictment or action were the indictment or action in
those sections mentioned, and an order under the said section
ten may be made on the defendant; but the director of public
CORRUPT PRACTICES ACT, 1883—SUMMARY CoNVICTION.
497
prosecutions or any person instituting any prosecution in his
behalf or by direction of an election court shall not be deemed
to be a private prosecutor, nor required under the said sections
to give any security.
(2.) On any prosecution under this Act, whether on indict-
ment or summarily, and whether before an election court or
otherwise, and in any action for a pecuniary forfeiture under
this Act, the person prosecuted or sued, and the husband or
wife of such person, may, if he or she think fit, be examined as
an ordinary witness in the case.
(3.) On any such prosecution or action as aforesaid it shall
be sufficient to allege that the person charged was guilty of an
illegal practice, payment, employment, or hiring within the
meaning of this Act, as the case may be, and the certificate of
the returning officer at an election that the election mentioned
in the certificate was duly held, and that the person named in
the certificate was a candidate at such election, shall be sufficient
evidence of the facts therein stated.
54. (1.) All offences under this Act punishable on summary
conviction may be prosecuted in manner provided by the Sum-
mary Jurisdiction Acts.”
(2.) A person aggrieved by a conviction by a court of sum-
mary jurisdiction for an offence under this Act may appeal to
general or quarter sessions against such conviction.
55. (1.) Except that nothing in this Act shall authorize any
appeal against a summary conviction by an election court, the
Summary Jurisdiction Acts shall, so far as is consistent with
the tenor thereof, apply to the prosecution of an offence sum-
marily before an election court, in like manner as if it were an
offence punishable only on summary conviction, and accordingly
the attendance of any person may be enforced, the case heard
and determined and any summary conviction by such court be
carried into effect and enforced, and the costs thereof paid, and
the record thereof dealt with under those Acts in like manner
as if the court were a petty sessional court for the county or
place in which such conviction took place.
(2.) The enactments relating to charges before justices against
persons for indictable offences shall, so far as is consistent with
the tenor thereof, apply to every case where an election court
orders a parson to be prosecuted on indictment in like manner
as if the court were a justice of the peace.
56. (1.) Subject to any rules of court, any jurisdiction
vested by this Act in the High Court may, so far as it relates
to indictments or other criminal proceedings, be exercised by
any judge of the Queen's Bench Division, and in other respects
may either be exercised by one of the judges for the time being
on the rota for the trial of election petitions, sitting either in
court or at chambers, or may be exercised by a master of the
46 & 47 Wict.
c. 51.
Defendant
husband or
wife may give
evidence.
Allegation of
charge.
Summary
conviction.
* p. 501.
Appeal.
Application
of Summary
Jurisdiction
and Indictable
Offences Acts
to proceedings
before election
Courts.
Exercise of
jurisdiction of
High Court,
and making
of rules of
court.
2 K
86%
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{}ORRUP'I' PRACTICES ACT, 1883–1 NCRIMINATING ANSWER8.
499.
Supplemental Provisions, Definitions, Savings, and Repeal.
59. (1.) A porson who is called as a witness respecting an
election bofore any election court shall not be excused from
answering any question relating to any offence at or connected
with such election, on the ground that the answorthereto may
criminate or tend to criminate himself or on the ground of
privilege ;
Provided that—
(a.) a witness who answers truly all questions which he is
required by the election court to answer shall be on-
titled to receive a certificate of indemnity under the
hand of a member of the court stating that such
witness has so answered : and
(b.) an answer by a porson to a question put by or bofore any
election court shall not, except in the case of any
criminal proceeding for perjury in respect of such
ovidence, be in any proceeding, civil or criminal,
admissible in evidence against him :
(2) Where a person has received such a certificate of indem-
nity in relation to an election, and any legal proceeding is at
any time instituted against him for any offence under the Cor-
rupt Practices Provention Acts or this Act committed by him
previously to the date of the cortificate at or in relation to the
said election, the court having cognisance of the case shall on
proof of the cortificate stay the proceeding, and may in their
discretion award to the said porson such costs as he may have
been put to in the proceeding.
(3.) Nothing in this section shall be taken to relieve a person
receiving a certificate of indemnity from any incapacity under
this Act or from any proceeding to enforce such incapacity
(other than a criminal prosecution).
(4.) This section shall apply in the case of a witness before
any election commissioners, in like manner as if the expression
“election court’” in this section included election commissioners.
(5.) Whore a solicitor or person lawfully acting as agent for
any party to an eloction petition respecting any election for a
county or borough has not taken any part or been concerned in
Such election, the election commissioners inquiring into such
clection shall not be entitled to examino such solicitor or agent
respecting matters which came to his knowledge by reason only
of his being concerned as solicitor or agent for a party to such
petition.
60. An election court or election commissioners, when report-
ing that oortain persons have been guilty of any corrupt or
illegal practice, shall report whether those persons have or not
been furnished with certificates of indemnity; and such report
shall be laid before the Attorney-General (accompanied in the
46 & 47 Vict,
c. 51.
Obligation of
witness to
{Lll$W (2]”
incriminating
questions.
Indemnity.
Not evidence,
except for
perjury.
On indemnity
proceedings
stayed.
Incapacity to
remain.
I'lection Com-
missioners.
Solicitor’s
privilege.
case of the commissioners with the evidence on which such.
2 K 2
*4
Submission
of report of
election court
or commis-
sioners to
Attorney-
Şeneral.
Á
500
I’ART V.--THE ICLECTION.
46 & 47 Vict.
c. 51, s. 60.
Attorney-
General.
Breach or dutv
by returning
officer.
* p. 437.
By registration
officer.
f p. 409.
Publication
and service
of notices.
1 p. 447.
Service of
documents.
§ p. 450.
Definition
of candidate.
report was based) with a view to his instituting or directing a
prosecution against such persons as have not received certificates
of indemnity, if the evidence should, in his opinion, be sufficient
to support a prosecution.
61. (1.) Section eleven of the Ballot Act, 1872,” shall apply
to a returning officer or presiding officer or clerk who is guilty
of any wilful misfeasance or wilful act or omission in contraven-
tion of this Act in like manner as if the same wore in contra-
vention of the Ballot Act, 1872.
(2.) Section ninety-seven of the Parliamentary Registration
Act, 1843.t shall apply to every registration officer who is guilty
of any wilful misfeasance or wilful act of commission or omission
contrary to this Act in like manner as if the same were contrary
to the Parliamentary IRegistration Act, 1843.
For definition of registration officer, see s. 64 (p. 501).
62. (1.) Any public notice required to be given by the
returning officer under this Act shall be given in the manner in
which he is directed by the Ballot Act, 1872, to give a public
notice.
(2.) Where any summons, notice, or document is required to
be served on any person with reference to any proceeding re-
specting an election for a county or borough, whether for the
purpose of causing him to appear before the High Court or any
election court, or election commissioners, or otherwise, or for the
purpose of giving him an opportunity of making a statement, or
showing cause, or being heard by himself, before any court or
commissioners, for any purpose of this Act, such summons,
notice, or document may be served either by delivering the
same to such person, or by leaving the same at, or sending the
same by post by a registered letter to, his last known place of
abode in the said county or borough, or if the proceeding is
before any court or commissioners, in such other manner as the
court or commissioners may direct, and in proving such service
by post it shall be sufficient to prove that the letter was pre-
paid, properly addressed, and registered with the post office.
(3.) In the form of notice of a parliamentary election set forth
in the Second Schedule to the Ballot Act, 1872, § the words “or
any illegal practice” shall be inserted after the words “ or other
corrupt practicos,” and the words the “Corrupt and Illegal
Practices Prevention Act, 1883,” shall be inserted after the
words “Corrupt l’ractices Prevention Act, 1854.”
63. (1.) In the Corrupt Practices Prevention Acts, as
amended by this Act, the expression “candidate at an election ”
and the expression “candidate ’’ respectively mean, unless the
context otherwise requires, any person elected to serve in Par-
liament at such election, and any person who is nominated as a
candidate at such election, or is declared by himself or by others
to be a candidate, on or after the day of the issue of the writ
CORRUPT PRACTICES ACT, 1883–DEFINITIONS.
501
for such election, or after the dissolution or vacancy in con-
sequence of which such writ has been issued;
2.) Provided that where a person has been nominated as a
candidate or declared to be a candidate by others, then—
(a.) If he was so nominated or declared without his consent,
nothing in this Act shall be construed to impose any
liability on such person, unless he has afterwards given
his assent to such nomination or declaration or has been
elected ; and
(b.) If he was so nominated or declared, either without his
consent or in his absence and he takes no part in the
election, he may, if he thinks fit, make the declaration
respecting election expenses contained in the second
part of the Second Schedule to this Act,” and the
election agent shall, so far as circumstances admit,
comply with the provisions of this Act with respect to
expenses incurred on account of or in respect of the
conduct or management of the election in like manner
as if the candidate had been nominated or declared
with his consent.
64. In this Act, unless the context otherwise requires—
The expression “election’ means the election of a member or
members to serve in Parliament:
The expression “election petition ” means a petition presented
in pursuance of the Parliamentary Elections Act, 1868, as
amended by this Act:
The expression “election court” means the judges presiding
at the trial of an election petition, or, if the matter comes
before the High Court, that court:
The expression “election commissioners” means commis-
sioners appointed in pursuance of the Election Commis-
sioners Act, 1852, and the enactments amending the same :
The expression “High Court” means her Majesty's High
Court of Justice in England :
The expressions “court of summary jurisdiction” “petty
sessional court,” and “Summary Jurisdiction Acts” have
the same meaning as in the Summary Jurisdiction Act,
1879 :
The expression “the Attorney-General” includes the Solicitor-
General in cases where the office of the Attorney-General
is vacant or the Attorney-General is interested or otherwise
unable to act :
The expression “registration officer" means the clerk of the
peace in a county, and the town clerk in a borough, as
respectively defined by the enactments relating to the
registration of parliamentary electors:
The expression “elector” means any person whose name is
for the time being on the register roll or book containing
the names of the persons entitled to vote at the election
with reference to which the expression is used :
46 & 47 Vict.
c. 51.
-
Candidate
without
COIl Sell t.
* p. 510.
General inter-
pretation of
terms :
“Election
petition.”
“Election
Court.”
“Election Conn-
missioners.”
“Summary
jurisdiction.’
“Attorney-
General.”
“Registration
officer.”
“Elector.”
502 PART V.—THE EITCTION.
46 & 47 Vict. The expression “register of electors” means the said register
c. 51, s. 64. roll or book:
,, ...T--- The expression “polling agent” means an agent of the can-
pºſitions. didate appointed to attend at a polling station in pursuance
“Register.” of the Ballot Act, 1872, or of the Acts therein referred to
“Polling nor amending the same: . tº 8 tº
agent.” The expression “person’’ includes an association or body of
persons, corporate or unincorporate, and where any act is
done by any such association or body, the members of such
association or body who have taken part in the commission
of such act shall be liable to any fine or punishment imposed
for the same by this Act :
“Committee The expression “committee room " shall not include any
room.” house or room occupied by a candidato at an election as a
dwelling, by reason only of the candidate there transacting
business with his agents in relation to such election ; nor
shall any room or building be deemed to be a committee
room for the purposes of this Act by reason only of the
candidate or any agent of the candidate addressing therein
electors, committeemen, or others:
“Public office." The expression “public offico” means any office under the
Crown or under the charter of a city or municipal borough
or under the Acts relating to municipal corporations or to
the poor law, or under the Tlementary Ilducation Act,
1870, or under the Public Health Act, 1875, or under any
Acts amending the above-mentioned Acts, or under any
other Acts for the time being in force (whether passed
before or after the commoncement of this Act) relating to
local government, whether the office is that of mayor,
chairman, alderman, councillor, guardian, member of a
board, commission, or other local authority in any county,
city, borough, union, Sanitary district, or other area, or is
the office of clerk of the peace, town clerk, clerk or other
officer under a council, board, commission, or other autho-
rity, or is any other office, to which a person is elected or
appointed under any such charter or Act as above men-
tioned, and includes any other municipal or parochial
office; and the expressions “election,” “election petition,”
“election court,” and “registor of electors,” shall, where
expressed to refer to an election for any such public office,
be construed accordingly :
“Person.”
“Judicial The oxpression “judicial office” includes the office of justice
office.” of the peaco and revising barrister:
“Personal The expression “personal exponses” as used with respect to
expenses.” the expenditure of any candidate in relation to any election
[See p. 480.] includes the reasonable travelling expenses of such candi-
date, and the reasonable expenses of his living at hotels
or elsewhere for the purposes of and in relation to such
election :
“Indictment.” The expression “indictment’’ includes information:
CORRUP'ſ PRACTICES ACT, 1883–IREPEALs. 503
The expression “costs” includes costs, charges, and expenses: 46 & 47 Vict.
The expression “payment” includes any pecuniary or other c. 51.
reward; and the expressions “pecuniary reward” and ...,
{ % 5 2 ~2. ~ : Osts.
money” shall be deemed to include any office, place, or . 3 y
employment, and any valuable security or other equivalent º' men.
for money, and any valuable consideration, and expressions “*y."
referring to money shall be construed accordingly :
The expression “Licensing Acts” means the Licensing Acts, “Licensing
1872 to 1874 : Acts.”
Other expressions have the same meaning as in the Corrupt
Tractices Prevention Acts. -
65. (1.) The enactments described in the Third Schedule to Short titles.
this Act are in this Act referred to as the Corrupt Practices
I’revention Acts.
(2.) The Acts mentioned in the Fourth Schedule to this Act
are in this Act referred to and may be cited respectively by the
short titles in that behalf in that schedule mentioned.
(3.) This Act may be cited as the Corrupt and Illegal Prac-
tices Prevention Act, 1883.
(4.) This Act and the Corrupt Practices Prevention Acts
may be cited together as the Corrupt Practices Prevention Acts,
1854 to 1883.
66. The Acts set forth in the Fifth Schedule to this Act are Repeal of
hereby repealed as from the commencement of this Act to the Acts.
extent in the third column of that schedule mentioned, provided
that this repeal or the expiration of any enactment not continued
by this Act shall not revive any enactment which at the com-
mencement of this Act is repealed, and shall not affect anything
duly done or suffered before the commencement of this Act, or
any right acquired or accrued or any incapacity incurred before
the commencement of this Act, and any person subject to amy
incapacity under any enactment hereby repealed or not con-
tinued shall continue subject thereto, and this Act shall apply
to him as if he had become so subject in pursuance of the pro-
visions of this Act.
67. This Act shall come into operation on the fifteenth Commence-
day of October one thousand eight hundred and eighty-three, mºnt ºf *
which day is in this Act referred to as the commencement of
this Act.
[68. Application to Scotland.]
[69. Application to Ireland.]
Continuance.
70. This Act shall continue in force until the thirty-first day Continuance.
of December one thousand eight hundred and eighty-four, and
no longer, unless continued by Parliament; and such of the
504 PART W.--THE FILECTION.
46 & 47 vict. Corrupt Practices Prevention Acts as are referred to in Part I.
c. 51, s. 70, of the third Schedule to this Act shall continue in force until
pºration of – the same day and no longer, unless continued by Parliament.
.//?!)"(tº O7) () -
Corrupt Continued to the 31st of Decembor, 1885, by 47 & 48 Vict. c. 58.
Practices Acts.
*-*.*.*.*.*.*.*-*----- ~~~~. ----,
SCHEDULES.
[See s. 17, -** \
p. 473.]
FIRST SCHEDULE.
IPART I.
PERSONS INEGALLY IMPLOYED ITOR PAYMENT.
; One election agent and no more.
2.) In counties one deputy election agent (in this Act referred to as a
sub-agent) to act within each polling district and no more.
§ One polling agent in cach polling station and no more.
Clerks and 4.) In a borough one clerk and one messenger, or if the number of
messengers electors in the borough exceeds five hundred, a number of clerks and
in borough. messengers not exceeding in number one clerk and one messenger for
every complete five hundred electors in the borough, and if there is a
number of electors over and above any complete five hundred or complete
five hundreds of electors, then one clerk and one messenger may be em-
ployed for such number, although not amounting to a complete five
hundred.
In county for (5.) In a county for the central committee room one clerk and one
central messenger, or if the number of electors in the county exceeds five
committee thousand, them a number of clerks and messengers not exceeding in
TOOII]. number one clerk and one mossenger for every complete five thousand
electors in the county; and if there is a number of electors over and
above any complete five thousand or complete five thousands of electors,
then one clerk and one messenger may be employed for such mumber,
although not amounting to a complete five thousand.
In county for (6.) In a county a number of clerks and messengers not exceeding in
Rolling number one clerk and one messenger for each polling district in the
districts. county, or where the number of electors in a polling district exceeds five
hundred one clerk and one messenger for every complete five hundred
electors in the polling district, and if there is a number of electors over
and above any complete five hundred or complete five hundreds of electors,
then one clerk and one messenger may be employed for such number,
although not amounting to a complete five hundred : Provided always, that
the number of clerks and mossengers so allowed in any county may be
employed in any polling district where their services may be required.
May not vote. (7.) Any such paid election agent, sub-agent, polling agent, clerk and
mossenger may or may not be an elector but may not vote.
(8). In the case of the boroughs of East Retford, Shoreham, Cricklade,
Much Wenlock, and Aylesbury (a), the provisions of this part of this
schedule shall apply as if such borough were a county.
(a) No longer Boroughs.
* ********** *** ----------------------------------- - ----------- -
SCALE OF LIGAL ExPENSE8.
505
PART II.
III.GAL RXPENSES IN ADDITION TO ExPENSES UNDER PART I.
(1.) Sums paid to the returning officer for his charges not exceeding
the amount authorized by the Act 38 & 39 Vict, c. 84.”
(2.) The personal expenses of the candidate.
§ The expenses of printing, the expenses of advertising, and the
expenses of publishing, issuing, and distributing addresses and notices.
4.) The expenses of stationery, messages, postage, and telegrams.
5.) The expenses of holding public meetings.
§ In a borough the expenses of one committee room and if the
number of electors in the borough exceeds five hundred then of a number
of committee rooms not exceeding the number of one committee room for
overy complete five hundred electors in the borough, and if there is a
number of electors over and above any complete five hundred or complete
five hundreds of electors, then of one committee room for such number,
although not amounting to a complete five hundred.
(7.) In a county the expenses of a central committee room, and in
addition of a number of committee rooms not exceeding in number one
committee room for each polling district in the county, and where the
number of electors in a polling district exceeds five hundred one additional
committee room may be hired for every complete five hundred electors in
Such polling district over and above the first five hundred.
I’ATRT III.
Maajimum for Miscellaneous Matters.
Fxpenses in respect of miscellaneous matters other than those mentioned
in Part I. and Part II. of this schedule not exceeding in the whole the
maximum amount of two hundred pounds, so nevertheless that such
expenses are not incurred in respect of any matter or in any manner con-
stituting an offence under this or any other Act, or in respect of any
*Aor thing, payment for which is expressly prohibited by this or any
other Act.
PART IV.
Maajimum Scale.
..(1). In a borough the expenses mentioned above in Parts I, II., and
III. of this schedule, other than personal expenses and sums paid to the
returning officer for his charges, shall not exceed in the whole the
maximum amount in the scale following:
If the number of electors on the
register—
Does not exceed 2,000 . .
Exceeds 2,000 . . . .
The maximum amount shall be—
£350.
£380, and an additional £30 for
every complete 1,000 electors
above 2,000.
Provided that in Ireland if the number
of electors on the register— The maximum amount shall be—
Does not exceed 500 . £200,
19xceeds 500, but does not
exceed 1,000 . . . . £250.
Exceeds 1,000, but does not
exceed 1,500 . . . . E275
46 & 47 Vict.
c. 51.
Returning
officer’s
expenses
personal.
* p. 460.
Committee
1'ooms in
boroughs. |
In counties.
506
I’ART W.—THE ELIECTION.
46 & 47 Vict,
c. 51, Sch, I.,
Parts 4, 5.
Dapenses.
Joint
candidates.
Joint election
agent,
committee
rooms, &c,
(2.) In a county the expenses mentioned above in Parts I., II., and
III. of this schedule, other than personal expenses and sums paid to the
returning officer for his charges, shall not exceed in the whole the
maximum amount in the scale following:
If the number of electors on the
register— The maximum amount shall be—
Does not exceed 2,000 . . £650 in England and Scotland, and
£500 in Ireland.
Dxceeds 2,000 . . . . £710 in Ingland and Scotland, and
£540 in Ireland; and an addi-
tional £60 in Ingland and Scot-
land, and £40 in Ireland, for
every complete 1,000 electors
above 2,000.
PART V.
General.
(1.) In the case of the boroughs of East Retford, Shoreham, Cricklade,
Much Wenlock, and Aylesbury (a), the provisions of Parts II., III., and IV.
of this schedule shall apply as if such boroughs were a county.
(2.) I'or the purposes of this schedule the number of electors shall be
taken according to the enumeration of the electors in the register of
electors.
(3.) Where there are two or more joint candidates at an election the
maximum amount of expenses mentioned in Parts III. and IV. of this
schedule shall, for each of such joint candidates, be reduced by one-fourth,
or if there are more than two joint candidates by one-third.
(4.) Where the same election agent is appointed by or on behalf of
two or more candidates at an election, or where two or more candidates,
by themselves or any agent or agents, hiro or use the same committee
rooms for such election, or employ or use the services of the same sub-
agents, clerks, messengers, or polling agents at such election, or publish
a joint address or joint circular or motice at such election, those candidates
shall be deemed for the purposes of this enactment to be joint candidates
at such election. - -
Provided that—
(a.) The employment and use of the same committee room, sub-agent,
clerk, messenger, or polling agent, if accidental or casual, or of a
trivial and unimportant character, shall not be deemed of itself
to constitute persons joint candidates.
(b.) Nothing in this enactment shall prevent candidates from ceasing
to be joint candidates.
(c.) Where any excess of expenses above the maximum allowed for
one of two or more joint candidates has arisen owing to his
having ceased to be a joint candidate, or to his having become
a joint candidate after having begun to conduct his election as
a separate candidate, and such ceasing or beginning was in good
faith, and such excess is not more than under the circumstances
is reasonable, and the total expenses of such candidate do not
exceed the maximum amount allowed for a separate candidate,
such excess shall be deemed to have arisen from a reasonable
cause within the meaning of the enactments respecting the
allowance by the High Court or election court of an exception
from the provisions of this Act which would otherwise make am
(a) These boroughs no longer exist.
DECLARATION OF ELECTION IXPENSE8. 507
act an illegal practice, and the candidate and his election agent 46 & 47.Vict,
may be relieved accordingly from the consequences of having c. 51
incurred such excess of expenses.
(see s. 33, p.
SECOND SCHEDULE. 481.]
PART I. -
PoEM OF DEOLARATIONS As To Explºn SES.
Form for Candidate.
I, , having been a candidate at the election for the county [or º of
borough] of on the day of , do hereby Solemnly and º º,
sincerely declare that I have examined the return of election expenses º:
[about to be] transmitted by my election agent [or if the candidate is his
own election agent, “by me”] to the returning officer at the said election,
a copy of which is now shown to me and marked , and to the best
of my knowledge and belief that return is correct;
And I further solemnly and sincerely declare that, except as appears No further
from that return, I have not, and to the best of my knowledge and belief Pºyment or
no person, nor any club, society, or association, has, on my behalf, made Pºº".
any payment or given, promised, or offered any reward, office, employ-
ment, or valuable consideration, or incurred any liability on account of or
in respect of the conduct or management of the said election; -
And I further solemnly and sincerely declare that I have paid to my Amount Paid
election agent [if the candidate is also his own election agent, leave out “to * *gºn*:
my election agent”] the sum of pounds and no more for the purpose
of the Said election, and that, except as specified in the said return, no
money, Security, or equivalent for money has to my knowledge or belief
been paid, advanced, given, or deposited by any one to or in the hands of
my election agent [or if the candidate is his own election agent, “myself”]
or any other person for the purpose of defraying any expenses incurred on
my behalf on account of or in respect of the conduct or management of
the said election;
And I further solemnly and sincerely declare that I will not, except so
far as I may be permitted by law, at any future time make or be party
to the making or giving of, any payment, reward, office, employment, or
valuable consideration for the purpose of defraying any such expenses as
last mentioned, or provide or be party to the providing of any money,
security, or equivalent for money for the purpose of defraying any such
expenses.
Sigmature of declarant C.D.
Signed and declared by the above-named declarant on the day
oſ , before me.
(Signed) E.I.".
Justice of the Peace for
I'orm for Election Agent. .." 33, p.
I, , being election agent to , candidate at the election for e
the county [or borough] of , on the day of , do hereby
Solemnly and sincerely declare that I have examined the return of election
0xpenses about to be transmitted by me to the returning officer at the
said election, and now shown to me and marked , and to the best of
my knowledge and belief that return is correct;
And I hereby further Solemnly and sincerely declare that, except as
508
PART W.--THE ELECTION.
46 & 47 Wict.
... 51, Sch. II.,
I’art 1.
J)cclarations
and lecturns
of Election
10aponses.
[See s. 33, p.
appears from that return, I have not and to the best of my knowledge
and belief no other person, nor any club, Society, or association has on
behalf of the said candidate made any payment, or given, promised, or
offered any reward, office, employment, or valuable consideration, or in-
curred any liability on account of or in respect of the conduct or manage-
ment of the said election;
And I further solemnly and sincerely declare that I have received from
the said candidate pounds and no more . nothing] for the purpose
of the said election, and that, except as specified in the said return sent
by me, no money, Security, or equivalent for money has been paid,
advanced, given, or deposited by any one to me or in my hands, or, to the
best of my knowledge and belief, to or in the hands of any other person
for the purpose of defraying any expenses incurred on behalf of the said
candidate on account of, or in respect of the conduct or management of
the Said election.
Signature of declarant A.B.
Signed and declared by the above-named declarant on the day
of before me.
(Signed) J.I.".
Justice of the Peace for
ForM OF RETURN OF TELECTION IXPENSIES.
I, A.B., being election agent to C.D., candidate at the election for the
county [or borough] of on the day of , make the
following return respecting election expenses of the said candidate at the
said election [or where the candidate has named himself as election agent,
“I, C.D., candidate at the election for the county [or borough] of
on the day of , acting as my own election agent, make the
following return rospecting my election expenses at the said election ”].
Receipts.
Received of [the above-named candidate] [or where the } £
candidate is his own election agent, “Paid by me.”]
Iłoceived of J.R. . • º © & º . £
[Here set out the name and description of every person,
club, society, or association, whether the candidate or not,
from whom any money, securities, or equivalent of money
was received in respect of eaſpenses incurred on account of
or in connea;ion with or incidental to the above election,
and the amount received from each person, club, Society, or
association separately.]
Dapenditure.
Paid to E.F., the returning officer for the said county [or
borough] for his charges at the said election : º
Personal expenses of the said C. D., paid by himself [or ºf
the candidate is his own election agent, “Paid by me as £
candidate ”]. º ſº * * º º -
Do. do. paid by me [or
if the candidate is his own election agent, add “acting £
as election agent "j e tº & º & º
TETURN of JFLECTION ExPENSE8,
509
Received by me for my Services as election agent at the
said election [or if the candidate is his own election
agent, leave out this item] tº {* g & ©
Paid to G.II. as sub-agent of the polling district of g
[The name and description of each sub-agent and the sum
paid to him must be set out separately.]
Paid to as polling agent . & º * &
Paid to as clerk for days services g &
Paid to as messenger for days services ge
[The names and descriptions of every polling agent,
clerk, and messenger, and the 8wm paid to each, must be
set out separately either in the account or in a separate list
ammeased to and referred to in the account, thus, “Paid to
polling agent (or as the case may be) as per annexed list
l’aid to the following persons in respect of goods supplied
or work and labour done:
To P. Q. (printing) . ſº & q tº e
To M.N. (advertising) e e o © &
To R.S. (stationery) * te & & tº
[The name and description of each person, and the
mature of the goods supplied, or the work and labour done
by each, must be set out separately either in the account or
in a separate list annexed to and referred to in the
account.]
Paid for postage o * ë ë ſº g &
Paid for telegrams . ge & & tº º *
Paid for the hire of room as follows:—
For holding public meetings te * & &
Tor committee rooms . e g
[A room hired for a public meeting or for a committee
room must be named or described so as to identify it ; and
the name and description of every person to whom any
payment was made for each such room, together with the
amount paid, must be set out separately either in the ac-
count or in a separate list anneſced to und referred to in
the account.]
Paid for miscellaneous matters, namely— . & te
[The name and description of each person to whom any
sum is paid, and the reason for which it was paid to him,
must be set out separately either in the account or in a
separate list annewed to and referred to in the account.]
In addition to the above, I am aware, as election agent
for O.D., [or if the candidate is his own election agent,
leave out “as election agent for C.D.”] of the following
disputed and unpaid claims; namely,–
Disputed claims.
By T. U. for . © $ iº 4. &
[Here set out the name and description of each person
whose claim is disputed, the amount of the claim, and the
goods, work, or other matter on the ground of which the
claim is based.]
Umpaid claims allowed by the High Court to be paid
after the proper time or in respect of which application
has been or is about to be made to the High Court.
By M.O. for * e e * tº {e e
[Here state the names and description of each person to
:
:
;;
46 & 47 Wict.
c. 51.
510
PART W.—THE ELECTION.
46 & 47 Wict.
c. 51, Sch. II.
[See s. 33, p.
481.]
whom any such claim is due, and the amount of the
claim, and the goods, work, and labour or other matter on
account of which the claim is due.] .
(Signed) A. B.
PART II.
ForM of DECLARATION As To ExPENSEs.
IForm for candidate where declared a candidate or nominated in his
absence and taking no part in the election.
I, , having been nominated [or having been declared by others]
in my absence [to be] a candidate at the election for the county or
borough of held on the day of , do hereby solemnly
and sincerely declare that I have taken no part whatever in the said
election. • : r - -
And I further solemnly and sincerely declare that [or with the excep-
tion of | I have not, and no person, club, Society, or association at
my expense has, made any payment or given, promised, or offered, any
reward, office, employment, or valuable consideration, or incurred any
liability on account of or in respect of the conduct or management of the
said election. -
And I further solemnly and sincerely declare that [or with the excep-
tion of | I have not paid any money or given any security or
equivalent for money to the person acting as my election agent at the
said election, or to any other person, club, society, or association on
account of or in respect of the conduct or management of the said
election, and that [or with the exception of | I am entirely ignorant
of any money security or equivalent for money having been paid,
advanced, given, or deposited by any one for the purpose of defraying
any expenses incurred on account of or in respect of the conduct or
management of the said election. \
And I further solemnly and sincerely declare that I will not, except so
far as I may be permitted by law, at any future time make or be party
to the making or giving of any payment, reward, office, employment, or
valuable consideration for the purpose of defraying any such expenses as
last mentioned, or provide or be party to the providing of any money,
security, or equivalent of money for the purpose of defraying any such
expenses.
Signature of declarant C.D.
Signed and declared by the above-named declarant on the day
of , before me, -
(Signed) JE.I.". -
Justice of the Peace for ©
CORRUPT PRACTICES ACT, 1883.
511
THIRD SCHEDULE.
PART I.
CORRUPT PRACTICES PREVENTION ACTS,
Temporary.
sº--
Session and Chapter.
Title of Act.
Enactments referred to as
being the Corrupt Practices
Prevention Acts.
17 & 18 Vict. c. 102
26 & 27 Vict. c. 29
31 & 32 Vict. c. 125
35 & 36 Vict. c. 33
42 & 43 Wict. c. 75
The Corrupt Practices
Prevention Act, 1854.
An Act to amend and
continue the law re-
lating to corrupt prac-
tices at elections of
members of Parlia-
ment.
Tho Parliamentary
Elections Act, 1868.
The Ballot Act, 1872.
The Parliamentary
Elections and Corrupt
Practices Act, 1879.
The whole Act so far as
unrepealed.
The whole Act so far as
unrepealed.
The whole Act, so far as
unrepealed.
Part III. So far as unro-
pealed.
The whole Act so far as
unrepealed.
Session and Chapter.
PART II.
Permanent.
Title of Act.
Enactments referred to as
being the Corrupt Practices
Prevention Acts.
The Representation of
the People Act, 1867.
The Representation of
the People (Scotland)
Act, 1868.
The Representation of
the People (Ireland)
Act, 1868.
The Universities Elec-
tions Amendment
(Scotland) Act, 1881.
Sections eleven, forty-
nine, and fifty.
Sections eight and forty-
30 & 31 Wict, c. 102
31 & 32 Vict. c. 48
31 & 32 Wict. c. 49
44 & 45 Vict. c. 40
mine.
Sections
thirteen.
eight and
Sub-section seventeen of
section two.
46 & 47 Wict.
c, 51.
[See s. 65, p.
503.]
512 PART W.--THE ELECTION.
46 & 47 Vict.
c. 51, Sch. III, PART III.
Part, 3.
ENACTMENTS DEFINING THE OFFENCES OF BRIBERY AND PERSONATION.”
Definitions of
Bribery and The Corrupt Practices Prevention Act, 1854, 17 & 18 Vict. c. 102,
Personation. ss. 2, 3
* See p. 413. Sect. 2. The following persons shall be deemed guilty of bribery, and
Bribery shall be punishable accordingly:-
by bribers. (1.) Every person who shall, directly or indirectly, by himself, or by
Giving money any other person on his behalf, give, lend, or agree to give or
or value to lend, or shall offer, promise, or promise to procure or to en-
voter. deavour to procure, any money or valuable consideration to or
for any voter, or to or for any person on behalf of any voter, or
to or for any other person in order to induce any voter to vote
or refrain from voting, or shall corruptly do any such act as
aforesaid on account of such voter having voted or refrained
from voting at any election:
(2.) Every person who shall, directly or indirectly, by himself, or by
Procuring
place for any other person on his behalf, give or procure, or agree to give
voter. or procure, or offer, promise, or promise to procure or to en-
deavour to procure, any office, place, or employment to or for
any voter, or to or for any person on behalf of any voter, or to
or for any other person in order to induce such voter to vote or
refrain from voting, or shall corruptly do any such act as afore-
said on account of any voter having voted or refrained from
voting at any election :
Gift or promise (3.) Every person who shall, directly or indirectly, by himself, or by
for procuring any other person on his behalf, make any such gift, loan, offer,
voter. promise, procurement, or agreement as aforesaid to or for any
person, in order to induce such person to procure or endeavour
to procure the return of any person to serve in Parliament, or
the vote of any voter at any election :
Procuring (4.) Every person who shall, upon or in consequence of any such gift,
voter for gift loam, offer, promise, procurement, or agreement, procure or
or promise. engage, promise, or endeavour to procure the return of any
person to serve in Parliament, or the vote of any voter at any
election :
(5) Every person who shall advance or pay, or cause to be paid, any
Providing
money for money to or to the use of any other person with the intent that
bribery or re- such money or any part thereof shall be expended in bribery at
paying money any election, or who shall knowingly pay or cause to be paid
expended. any money to any person in discharge or repayment of any
money wholly or in part expended in bribery at any election.
Provided always, that the aforesaid enactment shall not extend
or be construed to extend to any money paid or agreed to be
paid for or on account of any legal expenses bonā fide incurred
at or concerning any election.
Bribery by Sect. 3. The following persons shall also be deemed guilty of bribery,
bribed. and shall be punishable accordingly :—
(1.) Every voter who shall, before or during any election, directly or
or before indirectly, by himself or by any other person on his behalf,
election gift receive, agree, or contract for any money, gift, loan, or valuable
&c., for vote. consideration, office, place, or employment, for himself or for any
other person, for voting or agreeing to vote, or for refraining or
agreeing to refrain from voting at any election :
Receiving at
CORRUPT PRACTICES ACT, 1883–DEFINITION OF BRIBERY.
513
(2.) Every person who shall, after any election, directly or indirectly,
by himself or by any other person on his behalf, receive any
money or valuable consideration on account of any person
having voted or refrained from voting, or having induced any
other person to vote or refrain from voting at any election.
The Representation of the People Act, 1867, 30 & 31 Vict. c. 102, s.49.
Any person, either directly or indirectly, corruptly paying any rate on
behalf of any ratepayer for the purpose of enabling him to be registered
as a voter, thereby to influence his vote at any future election, and any
candidate or other person, either directly or indirectly, paying any rate on
behalf of any voter for the purpose of inducing him to vote or refrain
from voting, shall be guilty of bribery, and be punishable accordingly;
and any person on whose behalf and with whose privity any such pay-
ment as in this section is mentioned is made, shall also be guilty of
bribery, and punishable accordingly.
The Ballot Act, 1872, 35 & 36 Vict. c. 33, s. 24.
A person shall for all purposes of the laws relating to parliamentary
and municipal elections be deemed to be guilty of the offence of persona-
tion who, at an election for a county or borough, or at a municipal election,
applies for a ballot paper in the name of some other person, whether that
name be of a person living or dead, or of a fictitious person, or who,
having voted once at any such election, applies at the same election for a
ballot paper in his own name.
FOURTH SCHEDULE.
SHORT TITLE.
Session and Chapter. Long Title. Short Title.
15 & 16 Vict, c. 57 Election Commissioners
Act, 1852.
An Act to provide for
more effectual inquiry
into the existence of
corrupt practices at
the election of mem-
bers to serve in Par-
liament.
26 & 27 Vict. c. 29 | An Act to amend and
continue the law re-
lating to corrupt
practices at elections
of members of Parlia-
ment.
The Corrupt Practices
Prevention Act, 1863.
46 & 47 Vict.
c. 51.
After election.
Corrupt pay-
ment of rates
to be punish-
able as bribery.
Personation
defined. &
[See s. 65,
p. 503.]
514
|'A l'l’ W.--..'I''Ill.) Tº LIE()']"] ()N.
46 & 47 Vict.
c. 51, Sched. V.
Jhulotments - -
Ropdaled.
[See s. 66,
p. 503.]
ITIFTII SOIII]IOULE.
ICNAOTMINTS Iłlºp1 ALI.D.
Noriº.—-Portions of Acts which have already boon Hpecifically repealed
nro in Homo instanceH included in tho repeal in this Hohedulo in order to
preclude henceſortlı the necessity of looking back to previous Acts.
A description or citation of a portion of an Act is inclusive of the words,
Hection, or other part ſirst or last mentioned, or otherwise roſerred to as
forming the beginning or as forming the end of the portion comprised in
tho description or citation.
60 Goo. 3, & 1 Geo. 4, c. 11. (An Act for the better regulation of polls,
and for making further provision touching the election of members to
Horvo in Parliament for lyeland.) Section thirty-six.
1 & 2 Geo. 4, c. 58. (An Act to regulate the expenses of election of
members to Horvo in Parliament for Ireland.) The whole Act except
Hection three.
4 Goo. 4, c. 55. (An Act to consolidato and amond the Soveral Acts now
in ſorco Ho far as the Hamo rolate to the election and return of members
to Horvo in Parliament for the counties of cities and counties of towns
in Ireland.) Section eighty-two.
17 & 18 Vict. c. 102. (The Corrupt Practices Prevention Act, 1854.)
Section one; section two, from “and any poršom so offending” to
“with ſull costs of suit;” Hoction three, from “and any person so
oſſonding” to the ond of the Section; Soction four; Section ſive;
Section Hix; section seven, from “and all paymonts’ to the ond of
the Section; section nine, 80ction fourtoon, section twenty-three,
section thirty-six; Soction thirty-eight, ſrom “and the words personal
oxponses” to the ond of the Section; and Section thirty-nine and
Schedulo A.
21 & 22 Vict. c. 87. (An Act to continue and amend the Corrupt Practices
Prevention Act, 1854.) The whole Act. t
26 & 27 Vict. c. 29. (An Act to amond and continue the law relating to
corrupt practices at elections of members of l’arliament.) The whole
Act, excopt Hoction six.
30 & 31 Vict. c. 102. (The IRepresentation of the Poople Act, 1867.)
Soction thirty-four, from “and in other boroughs the justices” to
“greator part thorooſ is situate,” and section thirty-six. -
31 & 32 Vict, c. 48. (The Representation of the People (Scotland) Act,
1868.) Soction twenty-fivo.
31 & 32 Wict. c. 49. (The Representation of the People (Ireland) Act,
1868.) Section twelve.
31 & 32 Vict. c. 58. (Tho Parliamentary Flectors Registration Act, 1868.)
Section cightoen, from “the power of dividing their county " to the
end of the section.
31 & 32 Vict. c. 125. (The Parliamentary Flections Act, 1868.) So much
of section three as relates to the doſinitions of “candidate;” section
sixteen, Hection thirty-throo, section thirty-six; section forty-one, from
“but according to the same principles’ to “the High Court of
Chancery;” section forty-throo, Hection forty-fivo, section forty-six,
section ſorty-seven; section fifty-eight, from “The principles” down
to “in the Court of Session,” being sub-section sixteen.
35 & 36 Vict. c. 33. (The Ballot Act, 1872.) Soction five, from the
beginning down to “one hundred registered cloctors;” section twenty-
IIOURS OF POLLING ACT, 1875.
515
four, from “the offence of personation, or of aiding,” to “hard labour,”
and from “The offence of personation shall be deemed to be " to the
ond of the Hoction.
42 & 43 Vict. c. 75. (The Parliamentary Elections and Corrupt Practices
Act, 1879.) Section three and schedule.
43 Wict. c. 18. (The Parliamentary I’llections and Corrupt Practices Act,
1880.) The wholo Act, except Soctions one and three.
48 Vict. c. 10. An Act to extend the Hours of Polling at
Parliamentary and Municipal Elections.
[28th April, 1885.
I31. IT ENACTED, as follows:—
1. At overy parliamentary and every municipal olection within
the meaning of this Act, tho poll (if any) shall commence at
eight o'clock in the forenoon, and be kept open till eight o'clock
in the afternoon of the same day and no longer.
Tho time must bo “Groonwich moan timo :” Statutos (Dofinition of Timo
Act), 1880, 43 & 44 Vict. c. 9.
2. In this Act—
The expression “parliamontary election ” means an election
for a county, city, borough, place, or combination of
}ounties, cities, boroughs, and places (not being any uni-
versity or universities), which returns any knight of the
shire or momber to serve in Parliament, and where the
same is divided for the purpose of such return includes
an election for such division :
[Moaning of the expression “municipal clection.”]
3. Upon this Act coming into operation the Parliamentary
Elections (Metropolis) Act, 1878, and the Elections (Hours of
Poll) Act, 1884, shall be repealed, without prejudice to anything
proviously dome in pursuance thoroof.
Tºy the Act of 1878 in metropolitan boroughs, and by the Act of 1884 in
boroughs having more than 3000 olectors, the hours, which were eight to four
for boroughs undor 5 & 6 Will. 4, c. 36, and oight to five for countios under
16 & 17 Vict. c. 15, were fixed as fixed by this Act.
4. This Act may be cited as “The Elections (Hours of Poll)
Act, 1885.”
5. This Act shall come into operation at the end of this pre-
Sent Parliament.
46 & 47 Vict.
c. 51.
sº-sº-sº-sºmºm.
48 Vict. c. 10.
Polling from
eight to eight.
Meaning of
“parliamen-
tary election.”
Repeal of
Acts of 1878
and 1884.
Short title.
Commence-
ment of Act.
2 I, 2
516
PAl?"I W.—THE EI,I)("I'I()N.
48 & 49 Wict.
c. 23.
Polls in divided
boroughs on
same day.
Nomination,
&c., in divided
counties as
separate con-
stituencies.
Returning
officers for
new boroughs
without
mayors.
Appointed by
sheriff.
Need not be
resident.
* p. 397.
If in two
counties.
48 & 49 Vict. c. 23, ss. 8 (4), 9 (3), 12–16, 27, 28.
IRedistribution of Seats Act, 1885.
8.—(4.) At a general parliamentary election the polls (if any)
for the divisions in a divided borough shall be taken on the
same day, such day to be fixed by the returning officer of the
borough, but nothing in this sub-section shall be taken to en-
large or extend the discretion vested in him by the Ballot Act,
1872, as to fixing the day of poll.
For the three first paragraphs of this Section which deal with electoral
areas, see p. 259.
9.—(3.) Subject to the provisions of this Act the members for
each such division of a county shall be elected by persons quali-
fied in the same manner, and the nomination and other pro-
ceedings at parliamentary elections for such division shall be
conducted in the same manner, as if such division were a
separate constituency, and the law relating to parliamentary
elections shall apply to each such division as if it were a sepa-
rate County.
For the two first paragraphs of this section which deal with areas, see
p. 260.
12.-(1.) Save as in this Act mentioned, in each of the
Parliamentary boroughs constituted under this Act in which
there is not, for the time being, a mayor, a returning officer
shall be appointed in like manner as if such borough were
included among the boroughs mentioned in Schedule (C.) to the
Act of the session of the second and third years of the reign of
Ring William the Fourth, chapter forty-five, intituled “An
Act to amend the Representation of the People in England
and Wales,” for which boroughs no persons are specified in
such schedule as returning officers. Provided that every sheriff
shall, as soon as may be after the passing of this Act, appoint
a returning officer for each parliamentary borough which is
constituted under this Act, and is within his jurisdiction, and
requires such appointment, and any returning officer so ap-
pointed shall hold his office until the time in the ensuing year
fixed by law for the appointment of returning officers.
(2.) A returning officer of a parliamentary borough appoinied
by a sheriff of a county in pursuance of section eleven " of the
said Act, or of any enactment (whether in this or any other
Act) applying that section, need not be resident in the borough
for which he is returning officer, provided that, if not so
resident, he shall have an office therein for the purpose of his
duties in relation to the registration of voters and to elections
in such borough.
(3.) Where a parliamentary borough is situate in more than
one county, the returning officer appointed as above mentioned
REDISTRIBUTION OF SEATS ACT, 1885–RETURNING OFFICERs.
517
shall be appointed by the sheriff of the county in which the
largest part of such parliamentary borough in extent is
situate.
(4.) Whereas by the Municipal Corporations Act, 1882,” it is
enacted that if there are more mayors than one within the
boundaries of a parliamentary borough, the mayor of that
municipal borough to which the writ of election is directed
shall be the returning officer: Be it therefore enacted that—
In any such case the writ of election shall be directed to the
mayor of that one of the municipal boroughs to the mayor of
which the writ has before the passing of this Act been directed,
or if it has not been directed to any such mayor, then to the
mayor of that one of the municipal boroughs which has the
largest population according to the last census for the time
being, and in any such case the town clerk of the municipal
borough, the mayor of which is the returning officer, shall be
the town clerk who, under the Registration Acts, is to receive
the revised lists of parliamentary voters from the revising
barrister, and is to copy and print them and to deliver the
register of voters to the returning officer, and the council of the
same borough shall be the council to allow the expenses of such
town clerk.
(5.) In any new borough constituted under this Act, the
whole or the larger part of the area of which was before the
passing of this Act comprised in the parliamentary borough of
Westminster, the high bailiff of Westminster shall be the
returning officer for the new borough, and also the town clerk
for the new borough within the meaning of the Registration
Acts, and may, by writing under his hand, appoint a fit person
to be his deputy for all or any of the purposes relating to
parliamentary elections in any such new borough, and anything
in relation to a parliamentary election authorized or required to
be done by, to, or before the returning officer, may be done by,
to, or before the high bailiff himself or such deputy.
(6.) Every such deputy shall, in so far as he acts as returning
officer, be deemed to be included in the expression “returning
officer” within the meaning of the law relating to parliamentary
elections.
See note to s. 11 of the Reform Act, 1832 (p. 398).
The parliamentary boroughs of the Strand and St. George's, Hanover Square,
were comprised in Westminster before the passing of this Act.
13. Where a parliamentary borough is divided into divisions,
the returning officer of such borough shall be the returning
officer for each division, and may, by writing under his hand,
appoint a fit person to be his deputy for all or any of the
purposes relating to a parliamentary election in any such
division, and anything in relation to a parliamentary election
authorized or required to be done by, to, or before the returning
officer (except the fixing of the day for taking the polls), may
48 & 49 Wict.
c. 23.
If possessing
two mayors.
* p. 464.
Writ as accus-
tomed, or to
mayor of most
populous
borough.
Town clerk.
For West-
minster.
Deputy.
Deputies of
returning
officers in
divided
boroughs
518
PART V.--THE EI.ECTION.
48 & 49 Wict.
c. 23, ss. 13–16.
Divided
Boroughs.
Divisions, one
borough for
certain
purposes.
Dividing
registers.
One election.
Voting and
nomination
as if divisions
separate.
Divided
boroughs to
be one to
prevent
agents, &c.,
voting.
* p. 504.
Place of
election in
divided
counties.
be done by, to, or before the returning officer himself or such
deputy. -
(2.) Every such deputy shall, in so far as he acts as returning
officer, be deemed to be included in the expression “returning
officer” within the meaning of the law relating to parliamentary
elections.
(3) For the purpose of determining the distance of the
residence of any voter, and for all purposes of and incidental to
the registration of voters in a parliamentary bor ugh divided
into divisions, and for the purpose of the enactments respecting
the division of any such borough into polling districts, all the
divisions shall be deemed to form the same parliamentary
borough :
Provided that the lists and register of voters for the borough
shall be framed, printed, and arranged in parts So as to cor-
respond to the divisions thereof; and the voters in each division
shall be numbered in a separate series.
(4.) In a borough divided into divisions, the election for two
or more of such divisions shall be deemed to be the same
election within the meaning of the enactments relating to per-
Sonation and to voting, and the question which may be asked
of voters at the poll shall be, “Have you already voted here or
elsewhere at this election for the borough of either in
this or in any other division ?” -
(5.) Subject to the provisions of this Act, where any parlia-
mentary borough is divided into divisions, the members for
each division of such borough shall be elected by the persons
registered in such division as voters for the borough, and the
nomination and other proceedings at parliamentary elections for
such division shall be conducted in the same manner as if such
division were a separate constituency, and the law relating to
parliamentary elections shall apply to each division as if it were
a separate parliamentary borough.
For deputy returning officers in divided counties, see s. 8 of the Ballot Act,
1872, p. 436. The deputy is a returning officer within the meaning of the
Returning Officers Act, 1875 (p. 457).
[14. Registration of freemen in divided boroughs. See p. 236.]
15. For the purposes of the provision * of the schedule to the
Corrupt and Illegal Practices Prevention Act, 1883, with respect
to the voting of any paid election agent, sub-agent, polling
agent, clerk, or messenger, a parliamentary borough divided into
divisions shall be deemed to form one borough, and any such
agent, clerk, or messenger employed for payment at an election
for any division may not vote in any other division of the borough.
16.—(1.) The place of election in the case of a divison of a
county at large shall be in such town situate in the said county
at large, or in a county of a city or town adjoining the said
county at large, as the local authority having power to divide
CORRUPT PRACTICES ACT, 1885.
519
the division into polling districts, or in default of any deter-
mination by such local authority the returning officer, may
from time to time determine, as being, in their or his opinion,
the most convenient for the purposes of the election. Provided
that in Ireland the place of election, in the case of a division of
a county at large, shall from time to time be fixed by the
returning officer, and shall be situate within the division or
within a county of a city or town adjoining that division.
(2.) The place of election, in the case of a parliamentary
borough or any division of a parliamentary borough, shall be
such room or rooms in the said borough as the returning officer
may from time to time determine, as being, in his opinion, the
most convenient for the purposes of the election.
[27. Repeal of Acts disfranchising certain persons. See
p. 72.]
[28. Disfranchisement of certain persons. See p. 72.]
48 & 49 Vict. c. 56. An Act to amend the Law with
respect to Corrupt Practices at Parliamentary Elections.
[6th August, 1885.
“Whereas doubts have arisen as to whether or not it be lawful
for an employer of labour to permit electors in his regular
employ to absent themselves from their employment for the
purpose of recording their votes at any parliamentary election,
without making a deduction from the salary or wages of such
electors for the time reasonably occupied in recording their
votes : ”
And whereas it is expedient to remove such doubts:
BE IT ENACTED, as follows:—
1. Nothing in the law relating to parliamentary elections
shall make it illegal for an employer to permit parliamentary
electors in his employment to absent themselves from such em-
ployment for a reasonable time for the purpose of voting at the
poll at a parliamentary election, without having any deduction
from their salaries or wages on account of such absence, if such
permission is, so far as practicable without injury to the business
of the employer, given equally to all persons alike who are at
the time in his employment, and if such permission is not given
with a view of inducing any person to record his vote for any
particular candidate at such election, and is not refused to any
person for the purpose of preventing such person from recording
his vote for any particular candidate at such election.
In Truscott v. Bevan, 44 L. T. 64, where a holiday was given to a candi-
date's workpeople, being voters and others, their wages were paid, and they
were supplied with colours and conveyed to the poll, whereas on the previous
occasion when the employer was not a candidate, the workpeople had a holiday
but no wages, the return was declared void for bribery. That case does not
decide that giving voters the time to vote without deduction from their wages
48 & 49 Wict.
c. 23, ss. 27, 28.
In boroughs
and divisions.
48 & 49 Wict.
c. 56.
Employer may
give leave of
absence to
employés to
record their
votes without
deducting
wages.
520
PART V.—'THE ELECTION.
48 & 49 Wict.
c. 56.
Short title.
48 & 49 Wict.
c. 62.
* p. 457.
p. 464.
Short title.
Reduction
of security
required in
uncontested
election.
Increase of
presiding
officer’s and
poll clerk's
fees in
counties.
1 p. 461.
is illegal, neither is there anything in the Election Acts so providing. The
case simply decides that a holiday with wages given by a candidate who, when
not a candidate gave a holiday without wages, is evidence on which bribery
may be found. This section does not reverse the effect of that decision, but
seems to have been passed to allay fears due to a misapprehension of that
decision. The amount which might have been deducted by an employer-
candidate may be contended to be a payment “in respect of expenses incurred
in the management of the election” payable only by the agent and return-
able (pp. 478, 481), assuming the employer by his contract with the men
entitled to deduct.
2. This Act may be cited as “The Parliamentary Elections
Corrupt Practices Act, 1885.”
48 & 49 Vict. c. 62. An Act to amend the Law relating
to the Charges of Returning Officers at Parliamentary
Elections. [14th August, 1885.
Whereas by the Parliamentary Elections (Returning Officers)
Act, 1875,” the returning officer may, if he thinks fit, require
security to be given for the charges payable under the above
Act in respect of an election to an amount not exceeding that
specified in the Third Schedule f to the Act, and by such Third
Schedule it is provided as follows:—“If at the end of the two
hours appointed for the election, not more candidates stand
nominated than there are vacancies to be filled up, the maximum
amount which may be required is one-fifth of the maximum
according to the above scale:” And whereas [Scotland]. And
whereas it is expedient to reduce the said amount, and other-
wise to amend the above Acts: BE IT THEREFORE ENACTED, as
follows:—
1. This Act shall be construed, so far as regards England and
Ireland, as one with the Parliamentary Elections (Returning
Officers) Act, 1875, and together with that Act may be cited as
the Parliamentary Elections (Returning Officers) Acts, 1875 and
1885, and this Act may be cited separately as the Parliamentary
Elections (Returning Officers) Act, 1885.
2. In the Third Schedule to the Parliamentary Elections
(Returning Officers) Act, 1875, “twenty-five pounds” shall be
substituted for “one-fifth of the maximum according to the
above scale” in the portion thereof (above recited) relating to
elections where not more candidates stand nominated than there
are vacancies to be filled up.
3. [Scotland.]
4. Notwithstanding the scale of charges laid down in the
First Schedule of the Parliamentary Elections(Returning Officers)
Act, 1875, it shall be lawful in any county constituency in
England for the returning officer to charge four guineas for
each presiding officer and thirty shillings for each clerk at a
polling station.
5. [Scotland.]
PARLIAMENTARY ELECTIONS ACT, 1868.
521
PART VI.
ELECTION PETITIONS.
31 & 32 Vict. c. 125. “Parliamentary Elections Act, 1868 °–Pre-
sentation and conduct of Election Petition . 521
Rules of Court as to Election Petitions:
Election Rules, Michaelmas Term, 1868 . 539
Election Rules, December, 1868 . e . 551
Election Rules, March, 1869 tº * . 552
Election Rules, January, 1875 . o . 553
42 & 43 Wict. c. 75 . Trial of Petition by two judges e º . 554
44 & 45 Vict. c. 68, Rota of Judges for trial of Petitions—Appeal
SS. 13, 14. to Court of Appeal . º º • . 554
31 & 32 Vict. c. 125. Parliamentary Elections Act, 1868.
An Act for amending the Laws relating to Election
Petitions, and providing more effectually for the Pre-
vention of corrupt Practices at Parliamentary Elections.
[31st July, 1868.
“Whereas it is expedient to amend the laws relating to election
petitions, and to provide more effectually for the prevention of
corrupt practices at parliamentary elections:” BE IT ENACTED, as
follows:–
Preliminary.
1. This Act may be cited for all purposes as “The Parlia-
mentary Elections Act, 1868.”
2. The expression “the Court’ shall, for the purposes of this
Act, in its application to England, mean the High Court of
Justice, Queen's Bench Division (a), and such Court shall, subject
to the provisions of this Act, have the same powers, jurisdiction,
and authority with reference to an election petition and the
proceedings thereon as it would have if such petition were an
ordinary cause within their jurisdiction.
As to amendment, the Court cannot amend a petition after the 21 days, so
as to add a substantive ground of petitioning (Maude v. Lowley, L. R. 9 C. P.
65; 43 L. J. C. P. 145); but an amendment adding allegations of illegal
practices may be made (p. 489).
The powers conferred by this section must be read subject to ss. 25 and 26
(p. 530), and in the absence of rules there is no power to order interrogatories
(Moore v. Kennard, 10 Q. B. D. 290; 52 L. J. Rep. (Q.B.) 285; 48 L. T. 236;
31 W. R. 610; Wells v. Wren, 5 C. P. D. 546; 49 L. J. C. P. 681), in which
case the power to make rules for interrogatories was doubted.
Publication in a newspaper of comments likely to interfere with the trial,
held a contempt : Macartney v. Corry, 7 Ir. R. C. L. 242.
(a) Originally Court of Common Pleas at Westminster, but see Judicature
Act, 1881, s. 13, p. 554,
31 & 32 Vict.
c. 125.
Short title.
Definition and
jurisdiction of
Court.
522
PART VI.—ELECTION PETITIONS.
31 & 32 Vict,
c. 125.
Interpretation
of terms.
“Metropolitan
district :”
“Election :”
“County;”
“Borough :”
“Corrupt
Practices:”
“Rules of
Court :”
“Prescribed.”
“Speaker.”
To whom and
by whom
clection peti-
tion may be
presented.
3. The following terms shall in this Act have the meanings
hereinafter assigned to them, unless there is something in the
context repugnant to such construction; (that is to say),
“Metropolitan district’ shall mean the city of London and
the liberties thereof, and any parish or place subject to
the jurisdiction of the Metropolitan Board of Works:
“Election” shall mean an election of a member or members
to serve in Parliament:
“County’” shall not include a county of a city or county of a
town, but shall mean any county, riding, parts, or division
of a county returning a member or members to serve in
Parliament :
“Borough "shall mean any borough, university, city, place,
or combination of places, not being a county as herein-
before defined, returning a member or members to serve
in Parliament :
“Corrupt practices * or “corrupt practice " shall mean
bribery, treating, and undue influence, or any of such
offences, as defined by Act of Parliament, or recognized
by the common law of Parliament:
“Rules of Court " shall mean rules to be made as hereinafter
mentioned :
“Prescribed ” shall mean “prescribed by the Rules of Court.”
This section formerly contained a definition of “candidate ” as “any per-
son elected to serve in Parliament at an election, and any person who has
been nominated as or declared himself a candidate at an election.” This is
repealed by the Corrupt Practices Act, 1883 (Sched. 5), and the definition is
added to by including persons declared by others a candidate, but is limited
in a way more material to that Act than this. See s. 63 of that Act, p. 500.
“Corrupt Practices.”] By s. 3 of the Corrupt and Illegal Practices Act,
1883 (p. 467), every offence which is a corrupt practice within the meaning of
that Act, is so within the meaning of this Act. That Act adds personation
and procuring personation to the definition of corrupt practices of this Act.
4. For the purposes of this Act “Speaker” shall be deemed
to include Deputy Speaker; and when the office of Speaker is
vacant, the clerk of the House of Commons, or any other officer
for the time being performing the duties of the clerk of the
House of Commons, shall be deemed to be substituted for and to
be included in the expression “the Speaker.”
Presentation and Service of Petition.
5. From and after the next dissolution of Parliament a peti-
tion complaining of an undue return or undue election of a
member to serve in Parliament for a county or borough may be
presented to the High Court of Justice, Queen's Bench Division (a),
if such county or borough is situate in England, by any one or
more of the following persons:
(a) p. 554.
PARLIAMENTARY ELECTIONS ACT, 1868–THE PETITION.
523
1. Some person who voted or who had a right to vote at the
election to which the petition relates; or,
2. Some person claiming to have had a right to be returned
or elected at such election; or,
3. Some person alleging himself to have been a candidate at
such election :
And such petition is hereinafter referred to as an election peti-
tion.
Undue return of a Member.] All the members whose return was undue
are not necessarily parties (Line v. Warren, 14 Q. B. D. 73). An undue re-
turn is a return defective in itself; an undue election is the election of a dis-
qualified person, or by unqualified persons, or by undue means. The wide
word “undue" is used to include all the grounds upon which a return or
election can be set aside either at common law or by statute. Bribery, treat-
ing, and undue influence committed by a candidate, and personation at his
instance, avoid the election at common law, on the ground of fraud, as also do
general bribery, treating, and intimidation, on the ground that the true
opinion of the electors has not been expressed. One act of bribery, for which
the member returned is responsible, avoids the election. For statutory avoid-
ance of elections, see S. 44 (p. 535), and SS. 4 and 5 of the Corrupt and Illegal
Practices Act, 1883 (p. 468).
6. The following enactments shall be made with respect to
the presentation of an election petition under this Act:
1. The petition shall be signed by the petitioner, or all the
petitioners if more than one :
2. The petition shall be presented within twenty-one days
after the return has been made to the clerk of the
Crown in Chancery in England, of the member to
whose election the petition relates, unless it question
the return or election upon an allegation of corrupt
practices, and specifically alleges a payment of money
or other reward to have been made by any member, or
on his account, or with his privity, since the time of
such return, in pursuance or in furtherance of such
corrupt practices, in which case the petition may be
presented at any time within twenty-eight days after
the date of such payment:
3. Presentation of a petition shall be made by delivering it to
the prescribed officer or otherwise dealing with the
same in manner prescribed: t
4. At the time of the presentation of the petition, or within
three days afterwards, security for the payment of all
costs, charges, and expenses that may become payable
by the petitioner—
(b.) to any person summoned as a witness on his
behalf, or,
(c.) to the member whose election or return is com-
plained of (who is hereinafter referred to as
the respondent),
shall be given on behalf of the petitioner:
5. The security shall be to an amount of one thousand pounds;
it shall be given either by recognizance to be entered
31 & 32 Wict.
c. 125.
Signature of
petition.
Time for pre-
senting.
Mode of pre-
Senting.
Security for
costs.
Amount and
form of secu-
rity.
524
PART VI. ISLECTION PIETITIONS.
31 & 32 Vict,
c. 125.
Copy sent to
returning
officer.
Recognizance
may be
objected to.
I)etermination
of objection to
recognizance,
**** =mº,
into by any number of sureties not exceeding four, or
by a deposit of money in mannor prescribed, or partly
in one way and partly in the other.
The return..] The return is not complete until the writ with tho certificate
of the roturning officor is in tho hands of the Clerk of the Crown, so that
ho can act upon it (Hurdle v. Waring, I. IR. 9 C. P. 435; 48 L. J. C. P. 209;
30 L. T. 329; 22 W. R. 735).
Twenty-one days.] Sundays aro oxcluded, soos. 49 (p. 536), I’egler v. Gwrmey
(17 W. R. 316), and Pease v. Norwood (L. R. 4 C. P. 235).
The twenty-eight days petition.] The inquiry in such petition would not
soom to be limited to tho payment since the return and its incidents, bocause
the payment is simply for the oxtension of the limit of time, and does Inot
limit the petition. Seo por Koogh, J., Galway (10 O'Malley & Hardcastle,
341); contra por Mellor, J., Ridderminsler (2 O’M. & II. 170).
As to the time in cuso an illogal practico is allogod, see S. 40 (a) of the Corrupt
and Illogal Practicos Act, 1883 (p. 488); S. 40(b) adds “some othor act done”
to “payment of money” as qualifying for a twenty-eight days petition.
I’rescribed officer.] The petition by Iteg. M. T. 1868 (p. 539), is left at the
offico of the Mastor nominatod by the I ord Chief Justice of the Common Plows
(now the Chioſ Justico of lºngland, sco Order in Council, 1880), who is to
give a roceipt. The copy for the roturning officer under s. 7 is also loſt.
One thousand pounds.] Tho Samo Hum applios to a potition against the
return of more mombors than ono (I'ease v. Norwood, I. IR. 4 O. P. 235).
“Any number of sureties” includes one (Preece v. Pulley, 49 II. J. C. P. 686);
but the petitioners cannot entor into the rocognizanco (1’ease v. Norwood, wbi
8wpra).
7. On presentation of the petition the prescribed officer shall
send a copy thereof to the returning officer of the county or
borough to which the potition rolatos, who shall forthwith pub-
lish the same in the county or borough, as the case may be.
I3y Itulo 12 of Rules, Michaelmas Torm, 1868 (p. 542), he must also send the
addrossos for Borvico, which the returning officer must also publish.
8. Notice of the presentation of a petition under this Act, and
of the nature of the proposed security, accompanied with a copy
of the potition, shall, within the proscribed time, not exceeding
five days after the presentation of the petition, be served by the
petitioner on the respondent; and it shall bo lawful for the re-
spondent, whore the security is given wholly or partially by
recognizance, within a furthor prescribed time, not oxceeding
five days from the date of the sorvice on him of the notice, to
object in writing to such recognizance, on the ground that the
surotios, or any of them, aro insufficient, or that a surety is dead,
or that he cannot be found or ascortained from the want of a
sufficient description in the recognizance, or that a person named
in the recognizanco has not duly acknowledged the same.
By tho Rulo 13 of the IRules, Michaelmas Torm, 1868 (p. 542), the timo pre-
scribed for the notico is five days, exclusive of the day of presentation. Tho
same time, oxclusivo of the day of sorvice, is prescribed by Rule 21 (p. 544),
for objecting to the recognizances.
9. Any objection mado to the socurity given shall bo hoard
and decided on in the proscribed manner. If an objection to the
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526
PART VI.-ELECTION PETITIONS.
31 & 32 Vict,
c. 125.
l'illing
Wºl(.8l Il (; 108.
Trial by
judges in
order of
seniority.
Additional
election
judges.
Mode of trial.
Notice of trial.
Place of trial.
4. Amy judge placed on tho rota shall be re-eligible in the
succeeding or any subsequent year.
5. In the ovent of the death or illness of any judge for tho
time being on the rota, or his inability to act for any
reasonablo cause, the Court to which he belongs shall
fill up the vacancy by placing on the rota another
puisne judge of the same court.
6. The judges for the time being on the rota shall, according
to their soniority, respectively try the election petitions
standing for trial under this Act, unless they otherwise
agreo among themselves, in which case the trial of
ach cloction petition shall be taken in manner provided
by such agreement.
7. Where it appears to the judges on the rota, after duo con-
sideration of the list of petitions under this Act for
the timo being at issue, that the trial of such election
petitions will be inconveniontly delayed unless an ad-
ditional judge or judges be appointed to assist the judges
on the rota, the Queen's Bench Division shall, on and
according to the requisition of such judges on the rota,
select, in mannor horoimbefore provided, one of the
puisno judges of the court to try election petitions for
the ensuing year (a); and any judge so selected shall,
during that year, be deemed to be on the rota for the
trial of election potitions.
8. Iſer Majesty may, in manner heretofore in use, appoint an
additional puisne judge to each of the Courts of Queen's
Iłench, the Common Pleas, and the Eachequer in Eng-
land (b).
9. Every clection polition shall, except where it raises a
question of law for the dotormination of the Court, as
horeinafter montioned, be tried by one of (c) the judges
hereinbefore in that behalf mentionod, hereinafter re-
forred to as the judge sitting in open court without a
Jury.
10. Notice of the time and place at which an olection petition
will be triod shall be given, not loss than fourteen
days before the day on which the trial is held, in the
prescribed manner.
11. The trial of an election petition in the case of a petition
relating to a borough election shall take place in the
borough, and in the case of a petition relating to a
county election in the county: Provided always, that
if it shall appear to the Court that special circum-
stances exist which render it desirable that the petition
should be tried elsewhere than in the borough or county,
it shall be lawful for the Court to appoint such other
(a) Seo Judicature Act of 1881, s. 13 (b) Spont.
(p. 554). (c) See Act of 1869 (p. 554).
PARLIAMENTARY ISLECTIONS ACT, 1868–CERTIrioATE, REPORTB.
527
place for the trial as shall appear most convenient ;
IProvided also, that in the case of a petition relating to
any of the boroughs within the metropolitan district,
the petition may be heard at such place within the
district as the Court may appoint.
12. The judge presiding at the trial may adjourn the same
from time to time and from any one place to any other
place within the county or borough, as to him may
seem expedient.
13. At the conclusion of the trial the judge who tried the
petition shall determine whether the member whose
return or election is complained of, or any and what
other person, was duly returned or elected, or whether
the election was void, and shall forthwith certify in
writing such determination to the Speaker, and upon
such certificate being given such determination shall
be final to all intents and purposes.
14. Where any charge is made in an election petition of any
corrupt practice having been committed at the election
to which the potition refers, the judge shall, in addition
to such certificate, and at the same time, report in
writing to the Speaker as follows:—
(a.) Whether any corrupt practice has or has not
been proved to have been committed by or
with the knowledge and consent of any can-
didate at such election, and the nature of such
corrupt practice:
(b.) The names of all persons (if any) who have
been proved at the trial to have been guilty
of any corrupt practice:
(c.) Whether corrupt practices have, or whether
there is reason to believe that corrupt practices
have, extensively prevailed at the election to
which the petition relates.
15, The judge may at the same time make a special report
to the Speaker as to any matters arising in the course
of the trial an account of which in his judgment ought
to be submitted to the House of Commons.
16. Where, upon the application of any party to a petition
made in the prescribed manner to the Court, it appears
to the Court that the case raised by the petition can be
conveniently stated as a special case, the Court may
direct the same to be stated accordingly, and any such
special case shall, as far as may be, be heard before
the Court, and the decision of the Court shall be final;
and the Court shall certify to the Speaker its determi-
nation in reference to such special case.
, Place of trial.] The power to change the place of trial is vested in tho
Court, not the judge (Colling v. Price, 5 C. P. D. 544; 49 L. J. C. P. 685),
and there must be something more than inconvenience shown (ib.).
31 & 32 Vict.
c. 125.
Adjournment.
Judge’s certifi-
cate of result.
*
Judge's general
report.
Special report.
Special case.
528
PART VI.—ELECTION PETITIONS.
31 & 32 Vict,
c. 125.
Reserving
questions for
the Court.
House of
Commons to
carry out
report.
Order on
special report.
Report of the
judge as to
corrupt
practices.
Decision of judge.] When the petitioner has claimed the seat, and the
judge has held him duly elected, a petition against his return does not lie
(Waygood v. James, L. R. 4 C. P. 361; 38 L. J. C. P. 195; 21 L. T. 202; 17
W. R. 824).
Judge's report.] By s. 11 of the Corrupt and Illegal Practices Act, 1883
(p. 471), subs. 14 of this section is extended by the addition of “illegal
practice” to corrupt practice.
Appeal.] By s. 14 of the Judicature Act, 1881 (p. 554), the High Court
may give leave to appeal to the Court of Appeal.
12. Provided always, that if it shall appear to the judge on the
trial of the said petition that any question or questions of law
as to the admissibility of evidence or otherwise require further
consideration by the Court of Common Pleas, then it shall be
lawful for the said judge to postpone the granting of the said
certificate until the determination of such question or questions
by the Court, and for this purpose to reserve any such question
or questions in like manner as questions are usually reserved by
a judge on a trial at Nisi Prius.
The practice of reserving questions referred to is the practice in use at the
time of the passing of the Act at Nisi Prius. It is now disused at Nisi Prius,
but is retained by this section for the purposes of election petitions.
13. The House of Commons, on being informed by the Speaker
of such certificate and report or reports (if any), shall order the
same to be entered in their journals, and shall give the necessary
directions for confirming or altering the return, or for issuing a
writ for a new election, or for carrying the determination into
execution, as circumstances may require.
14. Where the judge makes a special report the House of
Commons may make such order in respect of such special report
as they think proper.
15. If the judge states in his report on the trial of an election
petition under this Act that corrupt practices have, or that
there is reason to believe that corrupt practices have, extensively
prevailed in any county or borough at the election to which the
petition relates, such statement shall for all the purposes of the
Act of the session of the fifteenth and sixteenth year of the reign
of her present Majesty, chapter fifty-seven, intituled “An Act to
provide for more effectual inquiry into the existence of corrupt
practices at elections of members to serve in Parliament,” have
the same effect and may be dealt with in the same manner as if
it were a report of a committee of the House of Commons
appointed to try an election petition, and the expenses of any
commission of inquiry which may be issued in accordance with
the provisions of the said Act shall be defrayed as if they were
expenses incurred in the registration of voters for such county
or borough.
The practice is upon a report by the judges that corrupt practices have
extensively prevailed, or there is reason to believe that they have prevailed
PARLIAMENTARY ELECTIONS ACT, 1868–SHORTHAND WRITER.
529
for an address to be presented to the Crown for the appointment of a Com-
mission.
[16, Repealed by Corrupt Practices Act, 1883.]
17. On the trial of an election petition under this Act, unless
the judge otherwise directs, any charge of a corrupt practice
may be gone into and evidence in relation thereto received before
any proof has been given of agency on the part of any candidate
in respect of such corrupt practice.
For the definition of a corrupt practice, see note to s. 3, p. 522.
18. The trial of an election petition under this Act shall be
proceeded with notwithstanding the acceptance by the respon-
dent of an office of profit under the Crown.
19. The trial of an election petition under this Act shall be
proceeded with notwithstanding the prorogation of Parliament.
But a dissolution abates a petition.
Proceedings.
20. An election petition under this Act shall be in such form
and state such matters as may be prescribed.
See Rules 1–5 of Rules, Michaelmas Term, 1868, p. 539.
21. An election petition under this Act shall be served as
nearly as may be in the manner in which a writ or summons is
served, or in such other manner as may be prescribed.
See Rules 14 & 15 of Rules, Michaelmas Term 1868, p. 542.
22. Two or more candidates may be made respondents to the
same petition, and their case may for the sake of convenience be
tried at the same time, but for all the purposes of this Act such
petition shall be deemed to be a separate petition against each
respondent.
23. Where, under this Act, more petitions than one are
presented relating to the same election or return, all such
petitions shall in the election list be bracketed together, and
shall be dealt with as one petition, but such petitions shall
stand in the election list in the place where the last of such
petitions would have stood if it had been the only petition
presented, unless the Court shall otherwise direct. -
24. On the trial of an election petition under this Act the
shorthand writer of the House of Commons or his deputy shall
attend and shall be sworn by the judge faithfully and truly to
take down the evidence given at the trial, and from time to
time as occasion requires to write or cause the same to be
written in words at length; and it shall be the duty of such
shorthand writer to take down such evidence, and from time to
time to write or cause the same to be written at length, and a
copy of such evidence shall accompany the certificate made by
31 & 32 Vict.
c. 125.
Postponing
proof of
agency.
Acceptance
of office.
Prorogation.
Form of
petition.
Service.
Joint
respondents.
More than
one petition
presented.
Shorthand
writer to
attend trial.
2 M
530
PART WI.—ELECTION PETITIONS.
31 & 32 Vict, the judge to the Speaker; and the expenses of the shorthand
c. 125.
Rules of
Court.
Practice of
House of
Commons to
be observed.
Performance
of duties by
prescribed
officer.
writer shall be deemed to be part of the expenses incurred in
receiving the judge.
As to the expenses of receiving the judges, soe s. 28, post.
Jurisdiction and Rules of Court.
25. The judges for the time being on the rota for the trial
of election petitions in England and Ireland may respectively
from time to time make, and may from time to time revoke and
alter, General Rules and Orders (in this Act referred to as the
Rules of Court), for the effectual execution of this Act, and of
the intention and object thereof, and the regulation of the prac-
tice, procedure, and cost of election petitions, and the trial
thereof, and the certifying and reporting thereon.
Any General Rules and Orders made as aforesaid shall be
deemed to be within the powers conferred by this Act, and
shall be of the same force as if they were enacted in the body of
this Act.
Amy General Rules and Orders made in pursuance of this
section shall be laid before Parliament within three weeks after
they are made, if Parliament be then sitting, and if Parliament
be not then sitting, within three weeks after the beginning of
the then next Session of Parliament.
By sect. 56 (2) of the Corrupt and Illegal Practices Act, 1883 (p. 498), these
Itules of Court may be made and altered by the Rule Committee.
26. Until Rules of Court have been made in pursuance of
this Act, and so far as such rules do not extend, the principles,
practice, and rules on which committees of the House of Com-
mons have heretofore acted in dealing with election petitions
shall be observed so far as may be by the Court and judge in
the case of election petitions under this Act.
It had previously been held that the decisions of election committees were
of no authority in courts of law (Da parte Nash, 1 Deac. & Ch. 440). The
reference to the decisions of election committees is guarded. They are not
authorities, and their principlos as well as their practice are only applicable
so far as may bo. The practice of election committees in regard to refusing
to allow withdrawal of a claim of the seat after the lapse of the twenty-one
days followed: Aldridge v. Hurst, 1 C. P. D.410; 45 L. J. C. P. 431; 35. L.T.
156; 24 W. R. 708.
27. The duties to be performed by the prescribed officer
under this Act shall be performed by such one or more of the
Masters of the Supreme Court (a) as may be determined by the
Chief Justice of England (b), and there shall be awarded to
such Masters, in addition to their existing salaries, such remu-
neration for the performance of the duties imposed on them in
(a) Originally of the Court of Com- (5) Order in Council, 1880.
mon Pleas.
PARLIAMENTARY ELECTIONS ACT, 1868—Powers of JUDGE8.
531,
pursuance of this Act as the Chief Justice of England (a) may,
with the consent of the commissioners of the Treasury, deter-
IY).I.D.C.
Reception, Eagenses, and Jurisdiction of Judge.
28. The judge shall be received at the place where he is
about to try an election petition under this Act with the same
state, so far as circumstances admit, as a Judge of Assize is
received at an Assize Town ; he shall be received by the sheriff
in the case of a petition relating to a county election, and in
any other case by the Mayor, in the case of a borough having a
Mayor, and in the case of a borough not having a Mayor by the
sheriff of the county in which the borough is situate, or by some
person named by such sheriff.
The travelling and other expenses of the judge, and all ex-
penses properly incurred by the sheriff or by such Mayor or
person named as aforesaid in receiving the judge and providing
him with necessary accommodation and with a proper court,
shall be defrayed by the commissioners of the Treasury out of
money to be provided by Parliament.
29. On the trial of an election petition under this Act the
judge shall, subject to the provisions of this Act, have the same
powers, jurisdiction, and authority as a judge of one of the
superior courts and as a judge of assize and Nisi Prius, and the
court held by him shall be a Court of Record.
30. The judge shall be attended on the trial of an election
petition under this Act in the same manner as if he were a judge
sitting at Nisi Prius, and the expenses of such attendance shall
be deemed to be part of the expenses of providing a court.
Witnesses.
31. Witnesses shall be subpoenaed and sworn in the same
manner as nearly as circumstances admit as in a trial at Nisi
Prius, and shall be subject to the same penalties for perjury.
ISut there is no power to attach them for evading service of subpoena :
Heywood v. Dodson, 44 L. T. 285.
32. On the trial of an election petition under this Act the
judge may, by order under his hand, compel the attendance of
any person as a witness who appears to him to have been con-
cerned in the election to which the petition refers, and any
person refusing to obey such order shall be guilty of contempt
of court. The judge may examine any witness so compelled to
attend or any person in court although such witness is not
called and examined by any party to the petition. After the
(a) Originally of the Court of Common Pleas.
31 & 32 Wict.
c. 125.
Reception of
judges.
Judges'
expenses.
Powers of
judges.
Attendance
on judges.
Summoning
witnesses.
Witnesses
summoned by
judges.
2 M 2
532
IPART WI,_I}LECTION PIETITIONS.
31 & 32 Vict,
c. 125,
lèxpenses of
witnesses,
Withdrawal of
petition.
Application
to be
Bubstituted.
Substituting
petitioner.
Substituto's
Hecurity for
costs.
-- **-*-
oxamination of a witness as aforesaid by a judgo such witness
may be cross-examined by or on behalf of the petitioner and
respondent, or eithor of them.
[33. Roponlod by Corrupt Practicos Act, 1883.]
34. The reasonable exponsos incurrod by any porSon in
appearing to give evidence at the trial of an election petition
under this Act, according to the scalo allowed to witnesses on
the trial of civil actions at the assizos, may be allowed to such
person by a cortificate under the hand of the judge or of the
proscribed officer, and such exponses if the witness was callod
and examined by the judge shall be doomod part of the exponses
of providing a court, and in other cases shall be deemed to be
costs of the petition.
See tho directions to tho Masters of Hilary Torm, 1853.
Withdrawal and Abatement of Illection Petitions.
35. An olection potition undor this Act shall not be with-
drawn without the leave of the Court or judge upon special
application, to be made in and at the prescribed manmer, time,
and place.
No such application shall be made for the withdrawal of a
petition until the prescribed notice has been given in the county
or borough to which the petition relates of the intention of the
potitioner to mako an application for the withdrawal of his
petition.
On the hearing of the application for withdrawal any person
who might have been a petitioner in respect of the election to
which the potition relates may apply to the Court or judge to
bo substituted as a potitionor for the potitioner so desirous of
withdrawing the petition.
'l'ho Court or judge may, if it or he think fit, substituto as a
potitioner any such applicant as aforesaid ; and may further, if
the proposed withdrawal is in the opinion of the Court or judge
induced by any corrupt bargain or consideration, by order
direct that the Hogurity given on behalf of the original peti-
tioner shall remain as security for any costs that may bo
incurred by the Hubstitutod petitioner, and that to the extent of
tho sum named in such SoCurity the original potitionor shall bo
liable to pay the costs of the substituted petitioner.
If no such order is made with respect to the security given
on behalf of the original petitioner, Security to the Name amount
as would be required in the case of a now petition, and subject
to the like conditions, shall be given on behalf of the substituted
potitioner before he proceeds with his petition, and within the
prescribed time after the order of substitution.
Subject as aforesaid a substituted petitioner shall stand in
the same position as nearly as may be, and be subject to tho
samo liabilities as the original petitioner,
PAIRLIAMIENTARY ISLECTIONS ACT, 1868–SUBSTITUTING PARTIE8.
533
If a petition is withdrawn, the petitioner shall be liable to
pay the costs of the respondent.
Where there are more petitioners than one, no application to
withdraw a petition shall be made except with the consent of
all the petitioners.
IFor the affidavits now roquirod on the withdrawal of a petition, Bce Corrupt
mnd Illogal Practico8 Act, 1883, S. 41 (p. 489). Iłulo 45 of the Itules of
Michaolmas Term, 1868 (p. 547), proscribes the notice of withdrawal. The
withdrawal of a portion of a polition is in pari malerić with tho withdrawal
of tho whole, º a poſitioner claiming the Houſ cannot withdraw that claim
uſter the lapse of tho twenty-one days (Aldridge v. JIurst, I C. P. D. 410;
45 L. J. C. P. 431; 35 L. T. 156; 24 W. It. 708). & &
The withdrawal of a petition for a pecuniary consideration is illegal at
common law (Coppock v. Bower, 4 M. & W. 361). The parties, before tho
(ſorrupt and Illegal Practicos Act, 1883, were required to deny on affidavit
that they had been parties to any corrupt arrangoment, and that their agents
to the best of their knowledge and belief had (Isaac V. Serley, 5 C. P. D.
553).
[36. Repealed by Corrupt Practicos Act, 1883.]
37. An election petition under this Act shall be abated by
tho death of a sole petitioner or of the survivor of several pe-
titioners.
The abatement of a petition shall not affect the liability of
the petitionor to the payment of costs previously incurred.
On the abatoment of a potition the prescribed notice of such
abatoment having taken place shall be given in the county or
borough to which the petition relates, and within the prescribed
time after the notice is given, any person who might have been
a petitioner in respect of the eloction to which the petition
relates may apply to the Court or judge, in and at the prescribed
manner, time, and place, to be substituted as a petitioner.
The Court or judge may, if it or he think fit, substitute as a
petitioner any such applicant who is desirous of being substi-
tuted and on whose behalf security to the same amount is given
as is required in the case of a new petition.
By Tºulo 50 of Tºulos, Michaelmas Torm, 1868 (p. 549), the proscribed manner
of notice of abatomont is tho same as on notice to withdraw, which by Rule 45
(p. 547) is to be in writing and signed. The timo during which an applicant
may be substituted as a petitioner, is one month (Rule 50, p 549).
38. If before the trial of any election petition under this Act
any of the following events happen in the case of the respon-
dent (that is to say,) -
§ If he dios:
2.) If he is summoned to Parliament as a peer of Great
I}ritain by a writ issued under the Great Seal of Great
Britain :
(3.) If the IIouse of Commons have resolved that his seat is
Vacant : - - -
(4.) If he gives in and at the prescribed manner and time
notice to the Court that he does not intend to oppose
the petition: -
31 & 32 Vict.
c. 125.
-...------wºº. --~~~~...~~-----------º-º-º-º-º:
Respondent's
costs.
Abatement of
petition.
Notice of
abatement.
Substituting
petitioner.
Substituting
respondent.
534
l?AIRT V. I.--.I., I, ()()"l'I()N PETITIONS.
31 & 32 Vict.
c. 125.
Respondent
not opposing
not to appear
as party or
to sit.
Double
undefended
return.
Costs of
petition.
Notice of such event having taken place shall be given in the
-- a --- s.s… --er-ree . . . . ~~~~~~~~~< *** -- *** *********~. --- ++- - - -
county or borough to which the potition relatos, and within
the prescribed time after the notice is given any person who
might have boom a potitioner in respect of the election to which
the petition relates may apply to the Court or judge to be
admitted as a respondent to oppose the potition, and such person
shall on such application be admitted accordingly, either with
tho respondent, if thore bo a respondent, or in place of the
rospondent; and any number of porsons not exceeding three
may be so admitted.
A polition may be proHonted against a roturn aſtor the doath of the mombor
returnod (Tipporary, 3 O'Malley & IIardcastle, 19).
Any person ontitled to be Jºionor may give tho notico (Itulo 51 of Rulos,
Michaelmas Torm, 1868, p. 549).
Tho prescribed manner of a respondon't giving notico that he doos not
oppose is by writing signed six days beforo tho trial (Rule 52, p. 549).
'I'ho limo for applying to bo admittod as roHpondent is ton days aſtor tho
notico (lèulo 54, p. 5:19).
39. A respondent who has given the prescribed notice that
ho does not intond to opposo the potition shall not be allowed to
appear or act as a party against such petition in any proceedings
thereon, and shall not sit or vote in the IIouse of Commons
until the IIouse of Commons has been informed of the Report on
the petition, and the Court or judge shall in all cases in which
such notico has been given in tho proscribed time and manner
report the same to the Speaker of the IIouse of Commons.
40. Where an election petition under this Aot complains of a
double roturn and the rospondent has givom notice to the pre-
scribed officer that it is not his intention to oppose the petition,
and no party has been admitted in pursuance of this Act to
defond such return, then the petitioner if there be no petition
complaining of the other member roturned on such double
return, may withdraw his petition by notice addressed to the
prescribed officer, and upon the recoipt of such notice the pro-
scribed officer shall report the fact of the withdrawal of such
petition to the Speaker, and the IIouse of Commons shall there-
upon give the mocessary directions for amonding the said double
return by taking off the filo the indenture by which the respon-
dent so doclining to oppose the petition was returned, or other-
wise as the case may require : Provided always, that this section
shall not apply to Ireland.
Costs.
41. All costs, charges, and expenses of and incidental to tho
presentation of a petition under this Act, and to the proceedings
consequent theroon, with the exception of such costs, charges,
and expenses as are by this Act otherwise provided for, shall bo
defrayed by the parties to the petition in such manner and in
such proportions as the Court or judge may determine, rogard
being had to the disallowance of any costs, charges, or expens05
PARLIAMENTARY ISLECTIONS ACT, 1868–Cornup'TION By AußNT.
535
which may, in the opinion of the Court or judge, have been
:aused by vexatious conduct, unfounded allegations, or un-
founded objections on the part either of the petitioner or the
respondent, and regard being had to the discouragement of any
noodless exponse by throwing the burden of defraying the
same on the parties by whom it has been caused, j. such
parties are or not on the whole successful.
The costs may be taxed in the proscribed manner but accord-
ing to the 8ame principles as costs between attorney and client are
lawed in a 8wit in the IIigh Court of Chancery “ and such costs may
be recovered in the same manner as the costs of an action at
law, or in such other manner as may be prescribed.
The mannor of taxing and recovering the costs is prescribed by Rule 55 of
Tºulos, Michaelmas Term, 1868 (p. 549).
S. 44 of tho Corrupt and Illegal Practices Act, 1883 (p. 493), further defines
the modo of imposing costs, and allows thom to be imposed on the county or
borough, and on persons not partios.
The costs are by the same Roction to be taxed by analogy to tho scale in the
High Court as between solicitor and client.
42. If any petitioner in an election petition presented under
this Act neglect or refuse for the space of six months after
demand to pay to any person summoned as a witness on his
behalf, or to the respondent any sum certified to be due to him
for his costs, charges, and expenses, and if such neglect or
refusal be, within one year after such demand, proved to the
Satisfaction of the court of elections, in every such case every
person who has entered into a recognizance relating to such
petition under the provisions of this Act shall be held to have
made default in his said recognizance, and the prescribed officer
shall thereupon certify such recognizance to be forfeited, and
the same shall be dealt with in Jöngland in manner provided by
the Act of the Third Year of the Reign of King George the
Fourth, chapter forty-six, and in Ireland in manner provided
by “The Fines Act (Ireland), 1851.”
The forfeiture is certified to the clerk of the poace, by whom writs of execu-
tion are sont to the sheriff or other officer.
Punishment of corrupt Practices.
[43. Itepealed by the Corrupt Practices Act, 1883.]
44. If on the trial of any election petition under this Act
any candidate is proved to have personally engaged at the
election to which such potition relates as a canvasser or agent
for the management of the election, any person knowing that
such person has within seven years previous to such engagement
been found guilty of any corrupt practice by any competent
legal tribunal, or been reported guilty of any corrupt practice
by a Committee of the House of Commons, or by the report of
the judge upon an election petition under this Act, or by the
report of commissioners appointed in pursuance of the Act of
31 & 32 Vict.
c. 125.
* I'epealed by
the Corrupt
Practices Act,
1883.
Recognizance,
when to be
estreated, &c.
Election of
candidate
employing"
corrupt
agent void.
536
PART WI, ELECTION PETITIONS.
31 & 22 Vict.
c. 125.
Returning
officer may
be sued for
neglecting to
return any
person duly
elected.
Limitation.
Time.
All contro-
verted elec-
tions to be
under Act.
Returning
officer com-
plained of may
be respondent.
Petition
complaining
of no return.
the session of the fifteenth and sixteenth years of the reign of
her present Majesty, chapter fifty-seven, the election of such
candidate shall be void.
[45.—47. Disqualification of Persons found guilty of bribery.—Repealed
by the Corrupt Practices Act, 1883.] -
Miscellaneous.
48. If any returning officer wilfully delays, neglects, or
refuses duly to return any person who ought to be returned to
serve in Parliament for any county or borough, such person
may, in case it has been determined on the hearing of an election
petition under this Act that such person was entitled to have
been returned, sue the officer having so wilfully delayed,
neglected, or refused duly to make such return at his election in
any of her Majesty's Courts of Record at Westminster, and shall
recover double the damages he has sustained by reason thereof,
together with full costs of suit ; provided such action be com-
menced within one year after the commission of the act on
which it is grounded, or within six months after the conclusion
of the trial relating to such election.
49. In reckoning time for the purposes of this Act, Sunday,
Christmas Day, Good Friday, and any day set apart for a public
fast or public thanksgiving shall be excluded.
50. From and after the next dissolution of Parliament no
election or return to Parliament shall be questioned except in
accordance with the provisions of this Act, but until such dis-
Solution, elections and returns to Parliament may be questioned
in manner heretofore in use.
The House of Commons disregarded this section in the case of O'Donovan
Rossa in 1870. He was returned to Parliament, but his return was not only
“questioned " but declared void, and the same course was taken in the case
of John Mitchell. “Questioned ” was interpreted to mean questioned from
outside, but the section is not so limited. Pºssibly action on the part of the
House of Commons may be justified when there is a continuing disqualifica-
tion such as felony on the ground that the “election ” is not dealt with but
only the right to sit. Where by an act subsequent to the return an election
is vacated as by a conviction under s. 6 of the Act of 1883, this section does
not apply, as the election or return is not questioned, but set aside by matter
subsequent.
51. Where an election petition under this Act complains of
the conduct of a returning officer, such returning officer shall
for all the purposes of this Act, except the admission of respon-
dents in his place, be deemed to be a respondent.
The returning officer ought not to be made respondent in regard to a bomá
fide mistake of his. See Harman v. Park, 6 Q. B. D. 323; 50 L. J. Q. B.
227; 44 I. T. 81; 29 W. R. 750.
52. A petition under this Act complaining of no return may
be presented to the Court, and shall be deemed to be an election
petition within the meaning of this Act, and the Court may
make such order thereon as they think expedient for compelling
PARLIAMENTARY ELECTIONS ACT, 1868–AGENTS’ Ro1.1.
537
a return to be made, or may allow such petition to be heard by
the judge in manner hereinbefore provided with respect to
ordinary election petitions.
53. On the trial of a petition under this Act complaining of
an undue return and claiming the seat for some person, the re-
spondent may give evidence to prove that the election of such
porson was undue in the same manner as if he had presented a
petition complaining of such election.
By Rule 8 of the Rules, Michaelmas Term, 1868 (p. 541), the recriminating
respondent was required to deliver a list of objections to the election.
54. From and after the next dissolution of Parliament the
Acts contained in the schedule hereto are repealed so far as
relates to elections and petitions to the extent therein men-
tioned; provided that such lepeal shall not affect the validity
or invalidity of anything already done or suffered, or any offence
already committed, or any remedy or proceeding in respect
thereof, or the proof of any past act or thing.
55. The additional puisne judge appointed under this Act
to each of the Courts of Queen's Bench, the Common Pleas, and
the Exchequer in England shall, as to rank, salary, pension,
attendant officers, jurisdiction, and all other privileges and
duties of a judge, stand in the same position as the other puisne
judges of the Court to which he is attached.
Any puisne judge of the said courts appointed in pursuance
of or after the passing of this Act shall be authorized to sit, and
shall, when requested by the Lord Chancellor, sit as judge of
the Court of Probate and Court of Marriage and Divorce or of
the Admiralty Court.
56. If upon a petition to the House of Commons, presented
within twenty-one days after the return to the Clerk of the
Crown in Chancery in England, or to the Clerk of the Crown
and Hanaper in Ireland, of a member to serve in Parliament for
any borough or county, or within fourteen days after the meet-
ing of Parliament, and signed by any two or more electors of
such borough or county, and alleging that corrupt practices
have extensively prevailed at the then last election for such
borough or county, or that there is reason to believe that corrupt
practices have there so prevailed, an address be presented by
both Houses of Parliament, praying that such allegation may
be inquired into, the Crown may appoint commissioners to in-
quire into the same, and if such commissioners in such case be
appointed, they shall inquire in the same manner and with the
same powers and subject to all the provisions of the statute of
the fifteenth and sixteenth of Victoria, chapter fifty-seven.
57. Any person who at the time of the passing of this Act
Was entitled to practise as agent, according to the principles,
practice, and rulos of the House of Commons, in cases of olection
Petitions, and mattors relating to election of members of the
31 & 32 Vict,
c. 125.
Recrimination
on claim
of seat.
Repeal of
Acts.
Position of
judges.
Commissions
of inquiry
into corrupt
practices.
Rules as to
agents prac-
tising in cases
of election
petitions.
538
PAl?'ll VI.—ELl)('1"|ON Plô"l'I'll ()NS.
31 & 32 Vict,
c. 125.
Duration of.
Act.
House of Commons, shall be ontitled to practise as an attorney
or agent in cases of olection potitions and all matters relating to
elections bofore the Court and judges prescribed by this Act:
Trovided, that every such person so practising as aforesaid shall,
in respoct of such practice and everything relating thereto, be
subject to the jurisdiction and orders of the Court as if he were
an attorney of the said Court : and further, I’rovided, that no
such person shall practise as aforesaid until his name shall have
been ontored on a roll to be made and kept, and which is hereby
authorizod to be made and kept, by the prescribed officer in the
proscribed manner.
The roll is provided for by Rulo 56 of Rules, Michaelmas Term, 1868, et
seq., p. 550.
[58. Application of Act to Scotland.]
59. This Act shall be in force until the expiration of three
years from the passing of such Act, and to the end of the then
next Sossion of l’arliament.

S()HIEI) ULE.
Date of Act. Title of Act. Iºxtent of Repeal.
* -º-º-º-º-º-º-º-'------
4 & 5 Wict. c. 57 An Act for the Prevention of . The whole Act.
I}ribery at I'lections.
5 & 6 Wict. c. 102 An Act for the better Dis- | The whole Act.
covery and Prevention of
Bribory and Treating at the
Illection of Members of Par-
liament.
11 & 12 Vict. c. 98 || An Act to amond the Law for The whole Act.
the Trial of Election Peti-
tions.
26 Vict. c. 29 . . An Act to amend and continue | Section 8.
the Law relating to corrupt
Practices at I'lections of
Members of l’arliament.
28 Vict. c. 8 . . An Act to amond “The Elec- The whole Act.
tion Petitions Act, 1848,” in
certain Particulars.
RULES OF MICHAELMAS TERM, 1868—PRESENTING PETITIONS.
* - - - - --- - - - -*
MICHAELMAS TERM, 1868.
GENERAL RUIES made by the JUDGES for the time being for
the TRIAL of ELECTION PETITIONS in England.
General Rules made by Sir Samuel Martin, Knight, one of the
Barons of the Exchequer; Sir James Shaw Willes, Knight,
one of the Justices of the Common Pleas; and Sir Colin
Blackburn, Knight, one of the Justices of the Queen's
Bench ; the Judges for the time being for the trial of elec-
tion petitions in England, pursuant to “The Parliamentary
Elections Act, 1868.”
I. The prosontation of an election potition shall be made by
leaving it at the office of the Master nominated by the Chief
Justice of the Common Pleas; and such Master or his clerk
shall (if required) give a receipt, which may be in the following
form :—
IRoceived on tho day of , at the Master's office,
a petition touching the election of A. B., a member for
purporting to be signed by [insert the names of petitioners].
C. D., Master’s Clerk.
With the petition shall also be left a copy thereof for the
º to send to the returning officer, pursuant to section 7 of
the Act.
II. An election petition shall contain the following state-
mentS :—
1. It shall state the right of the petitioner to petition
within section 5 * of the Act.
2. It shall state the holding and result of the election, and
shall briefly state the facts and grounds relied on to
sustain the prayer.
It is suſficiont to allogo that the respondent by himself and his agents has
been guilty of bribory: Beale v. Smith, L. R. 4 C. P. 145; 38 L. J. C. P. 145;
17 W. R. 317.
III. The petition shall be divided into paragraphs, each of
which, as nearly as may be, shall be confined to a distinct por-
tion of the subject; and every paragraph shall be numbered con-
secutively; and no costs shall be allowed of drawing or copying
any petition not substantially in compliance with this rule,
unless otherwise ordered by the Court or a judge.
IV. The petition shall conclude with a prayer, as, for in-
stance, that some specified person should be declared duly
returned or elected, or that the election should be declared void,
or that a return may be enforced (as the case may be), and shall
be signed by all the petitioners.
W. The following form, or one to the like effect, shall be
Sufficient —
Mode of
presenting
petitions.
Copy.
Contents.
Paragraphs,
Prayer.
Form of
petition.
540
PART WI, ELECTION PETITIONS.
Particulars.
In the Common Pleas.
“The Parliamentary Elections Act, 1868.”
Election for [state the place], holden on the day of
, A.D.
The petition of A., of [or of A., of , and B.,
Of , as the case may be], whose names are subscribed.
1. Your petitioner, A., is a person who voted [or had a
right to vote, as the case may be] at the above election [or
claims to have had a light to be returned at the above
election; or was a candidate at the above election], and
your petitioner, B. [here state in like manner the right of each
petitioner].
2. And your petitioners state that the election was holden
on the day of , A.D., when A. B., C. D.,
and E. F., were candidates, and the returning officer has
returned A. B. and C. D. as being duly elected.
3. And your petitioners say that [here state the facts and
grounds on which the petitioners rely].
Wherefore your petitioners pray that it may be deter-
mined that the said A. B. was not duly elected or returned,
and that the election was void [or that the said E. F. was
duly elected and ought to have been returned, or as the case
may be].
(Signed) A.
- B.
WI. Evidence need not be stated in the petition, but the Court
or a judge may Order Such particulars as may be necessary to
prevent surprise and unnecessary expense, and to insure a fair
and effectual trial, in the same way as in ordinary proceedings
in the Court of Common Pleas, and upon such terms, as to costs
and otherwise, as may be Ordered.
Order made for particulars “so far as known '': Maude v. Lowley, L. R.
9 C. P. 165; 43 L. J. C. P. 103; 30 L. T. 168; 22 W. R. 649. The order for
particulars is discretionary, and the Court refused to interfere when particulars
of persons bribed and not of bribers were ordered: Beale v. Smith, L. R.
4 C. P. 145; 38 L. J. C. P. 145; 17 W. R. 317.
As to the amendment of particulars at the trial, see Heywood v. Dodson,
44 L. T. 285; and Tomline v. Tyler, 44 L. T. 187.
Upon particulars that A. bribed B. on certain days, evidence of a promise
to bribe on a previous day held admissible (Collins v. Price, 44 L. T. 192);
but evidence of numerous instances of treating not specified inadmissible to
show general treating.
The six days are to be reckoned exclusively of the day of delivery, or of the
day of doing the act, and of Sunday, Good Friday, Christmas Day, and Fast
Days (Rule 3 of Rules, January, 1875, p. 553). As to the last day being a
holiday, see Rule 4 of the same Rules. -
Amendment of the list.] This does not allow an extension of the time for
delivering the list. So held under the Rule as to municipal elections, framed
in the same terms: Nield v. Batty, L. R. 9 C. P. 104; 43 L. J. C. P. 73.
RULES OF MICHAELMAS TERM, 1868—ADDRESS FOR SERVICE.
541
WII. When a petitioner claims the seat for an unsuccessful
candidate, alleging that he had a majority of lawful votes, the
party complaining of or defending the election or return shall,
six days before the day appointed for trial, deliver to the Master
and also at the address (if any) given by the petitioners and re-
spondent, as the case may be, a list of the votes intended to be
objected to, and of the heads of objection to each such vote; and
the Master shall allow inspection and office copies of such lists
to all parties concerned ; and no evidence shall be given against
the validity of any vote, nor upon any head of objection not
specified in the list, except by leave of the Court or judge, upon
such terms as to amendment of the list, postponement of the
inquiry, and payment of costs, as may be ordered.
VIII. When the respondent in a petition under the Act, com-
plaining of an undue return, and claiming the seat for some
person, intends to give evidence to prove that the election of
such person was undue, pursuant to the 53rd section of the Act,”
such respondent shall, six days before the day appointed for
trial, deliver to the Master, and also at the address (if any)
given by the petitioner, a list of the objections to the election
upon which he intends to rely; and the Master shall allow in-
spection and office copies of such lists to all parties concerned;
and no evidence shall be given by a respondent of any objection
to the election not specified in the list, except by leave of the
Court or judge, upon such terms as to amendments of the list,
postponement of the inquiry, and payment of costs, as may be
ordered.
As to reckoning the days, see Rules 3 and 4 of Rules, January, 1875 (p. 553).
IX. With the petition petitioners shall leave at the office of
the Master a writing, signed by them or on their behalf, giving
the name of some person entitled to practise as attorney or agent
in cases of election petitions whom they authorize to act as their
agent, or stating that they act for themselves, as the case may
be, and in either case giving an address, within three miles from
the General Post Office, at which notices addressed to them may
be left; and if no such writing be left or address given, then
notice of objection to the recognizances, and all other notices
and proceedings may be given by sticking up the same at the
Master's office.
X. Any person returned as a member may at any time after
he is returned send or leave at the office of the Master a writing
signed by him or on his behalf, appointing a person entitled to
practise as an attorney or agent in cases of election petitions, to
act as his agent in case there should be a petition against him,
or stating that he intends to act for himself, and in either case
giving an address within three miles from the General Post
Office at which notices may be left; and in default of such
Writing being left in a week after service of the petition, notices
On claim of
seat, list of
voters and
objections.
On recrimina-
tion list by
respondent of
objections to
election.
* p. 537.
Petitioner’s
address for,
service.
Returned
member’s
address for
service.
PART VI.-FLECTION PETITIONS.
Address book.
Documents for
returning
oſlicer.
* p. 524.
Cost.
Notice to
respondent.
Service of
motice on
agent.
Otherwise
personal.
Substituted
service,
Deposit, how
made.
and proceedings may be given and served respectively by stick-
ing up the same at the Master's office.
XI. The Master shall keep a book or books at his office in
which he shall enter all addresses and the names of agents given
under either of the preceding rules, which book shall be open to
inspection by any person during office hours.
XII. The Master shall upon the presentation of the petition
forthwith send a copy of the petition to the returning officer,
pursuant to section 7 of the Act,” and shall therewith send the
name of the petitioners' agent (if any), and of the address (if
any), given as prescribed; and also of the name of the respon-
dent's agent, and the address (if any) given as prescribed ; and
the returning officer shall forthwith publish those particulars
along with the petition.
The cost of publication of this and any other matter required
to be published by the returning officer, shall be paid by the
petitioner or pº moving in the matter, and shall form part
of the general cost of the petition.
XIII. The time for giving notice of the presentation of a
petition and of the nature of the proposed security, shall be five
days, exclusive of the day of presentation.
This notice to the respondent is required by s. 8 of the Act of 1868 (p. 524).
º * be extended (see Williams v. Truby, 5 C. P. D. 135; 49 L. J.
J. J.". 324) ).
XIV. Where the respondent has named an agent or given an
address, the service of an election petition may be by delivery
of it to the agent, or by posting it in a registered letter to the
address given at such time that, in the ordinary course of post,
it would be delivered within the prescribed time.
In other cases the service must be personal on the respondent,
unless a judge, on an application made to him not later than five
days after the petition is presented on affidavit showing what
has been done, shall be satisfied that all reasonable effort has
been made to effect personal Service and cause the matter to
come to the knowledge of the respondent, including when prac-
ticable service upon an agent for election expenses, in which
case the judge may order that what has been done shall be con-
sidered sufficient service, subject to such conditions as he may
think reasonable.
The election agent is now the agent for olection expenses. (See p. 478.)
XV. In case of evasion of service the sticking up a notice in
the office of the Master of the petition having been presented
stating the petitioner, the prayer, and the nature of the proposed
security, shall be deemed equivalent to personal service if so
ordered by a judge.
XVI. The deposit of money by way of security for payment
of costs, charges, and expenses payable by the petitioner, shall
be made by payment into the Bank of England to an account to
be opened there by the description of “The Parliamentary
RULES OF MICHAELMAS TERM, 1868–RECOGNIZANCEs.
543
Elections Act, 1868, Security Fund,” which shall be vested in
and drawn upon, from time to time, by the Chief Justice of the
Common Pleas for the time being, for the purposes for which
security is required by the said Act, and a bank receipt or cer-
tificate for the same shall be forthwith left at the Master's office.
XVII. The Master shall file such receipt or certificate, and
keep a book open to inspection of all parties concerned, in which
shall be entered, from time to time, the amount and the petition
to which it is applicable.
XVIII. The recognizance as security for costs may be acknow-
ledged before a judge at chambers or the Master in town, or a
justice of the peace in the country.
There may be one recognizance acknowledged by all the
sureties, or separate recognizances by one or more, as may be
convenient.
XIX. The recognizance shall contain the name and usual
place of abode of each surety, with such sufficient description as
shall enable him to be found or ascertained, and may be as fol-
lows:—
Be it remembered that on the day of , in the
year of our Lord 18 , before me [name and description] came
A. B., of [name and description as above prescribed], and ac-
knowledged himself [or severally acknowledged themselves] to
owe to our Sovereign Lady the Queen the sum of one
thousand pounds [or the following sums] (that is to say) the
said C. D., the sum of £ , the said E. F., the sum of
£ , the said G. H., the sum of £ , and the said
J. K., the sum of £ , to be levied on his [or their re-
spective] goods and chattels, land and tenements, to the
use of our said Sovereign Lady the Queen, her heirs, and
SUICC0SSOI’S.
The condition of this recognizance is that if [here insert
the names of all the petitioners and if more than one, add, or
any of them] shall well and truly pay all costs, charges,
and expenses, in respect of the election petition signed by
him [or them] relating to the [here insert the name of the
borough or county] which shall become payable by the said
petitioner [or petitioners, or any of them] under “The Par-
liamentary Elections Act, 1868,” to any person or persons,
then this recognizance to be void, otherwise to stand in full
force.
(Signed)
[Signature of Sureties.]
Taken and acknowledged by the above-named [names of
sureties] on the day of at , before me,
C. D.
A justice of the peace [or as the case may be].
XX. The recognizance or recognizances shall be left at the
Master's office, by or on behalf of the petitioner in like manner
Filing
certificate of
deposit.
Acknow-
ledging
recognizance.
Form of
recognizance.
Leaving
recognizances.
544
PAT&T VI.-JSLTCTION PRTTTI())MS.
Time for
objecting to
recognizance.
* p. 524.
Grounds of
objection.
Heard by
Master.
Evidence.
Iſ Suſicient,
1SSll (?,
f p. 524.
Iſ insufficient
requisite
amount fixed.
y
Costs,
Justifying
suretics by
aſlidavit.
as before prescribed for the leaving of a petition forthwith after
being acknowledged.
I'or the mammor of loaving a petition, Soo rule I (p. 539).
XXI. The time for giving motice of any objection to a re-
cognizance under the 8th section of the Act,” shall be within
five days from the date of Service of the notice of the petition
and of the nature of the security, exclusive of the day of
sorvice.
XXII. An objection to the recognizance must state the ground
or grounds thorooſ, as that the sureties or any, and which of
them, are insufficient, or that a Surety is dead, or that he cannot
be found, or that a person named in the recognizance has not
duly acknowledged the same.
XXIII. Any objection made to the security shall be heard
and decided by the Master, subject to appeal within five days
to a judge, upon summons taken out by either party to declaro
the security sufficiont or insufficient.
XXIV. Such hearing and decision may be cither upon affidavit
or personal oxamination of witnesses or both, as the Master or
judge may think fit.
XXV. If by order made upon such summons the security bo
doclared sufficiont, its sufficiency shall be deemed to be established
within the meaning of the 9th section of the said Act, and the
petition shall be at issue.
XXVI. If by order made upon such summons an objection bo
allowed and the Security be declared insufficient, the Mastor or
judge shall in such order state what amount he deems requisito
to make the security sufficient ; and the further prescribed
time to remove the objection by deposit shall be within fivo
days from the date of the order, not including the day of tho
date, and such deposit shall be made in the manner already
proscribed.
XXVII. The costs of hearing, and deciding the objections
made to tho security given shall be paid as ordered by the
Master or judge, and in default of such order shall form part of
tho general costs of the potition.
XXVIII. The costs of hoaring and deciding an objection upon
the ground of insufficiency of a surety or sureties, shall be paid
by the petitioner, and a clause to that effect shall be inserted in
the order declaring its sufficiency or insufficiency, unless at the
time of leaving the recognizance with the Master thero be also
loft with the Master an affidavit of the sufficiency of the surety
or sureties sworn by each surety before a justice of the peace,
which aſſidavit any justice of the peace is hereby authorized to
take, or before some person authorized to take affidavits in the
Court of Common Pleas, that he is seised or possessed of real or
personal estate, or both, above what will satisfy his debts of tho
clear value of the sum for which he is bound by his recognizance,
which affidavit may be as follows:
RULES OF MICHAELMAS TERM, 1868–NoTICE of TRIAL.
545
*-*---
In the Common Pleas.
“Parliamentary Elections Act, 1868.”
I, A. B., of ſag in recognizance] make oath and say that I
am Seised or possessed of real [or personal] estate above
what will satisfy my debts of the clear value of £
Sworn, &c.
XXIX. The order of the Master for payment of costs shall
have the same force as an order made by a judge, and may be
made a Rule of the Court of Common Pleas, and enforced in like
manner as a judge's Order.
XXX. The Master shall make out the election list. In it he
shall insert the name of the agents of the petitioners and re-
spondent, and the addresses to which notices may be sent, if
any. The list may be inspected at the Master's office at any
time during office hours, and shall be put up for that purpose
upon a notice board appropriated to proceedings under the said
Act, and headed “Parliamentary Elections Act, 1868.”
XXXI. The time and place of the trial of each election peti-
tion shall be fixed by the judges on the rota, and notice thereof
shall be given in writing by the Master by sticking notice up
in his office, sending one copy by the post to the address given
by the petitioner, another to the address given by the respon-
dent (if any) and a copy by the post to the sheriff, or in case of a
borough having a mayor, to the mayor of that borough, fifteen
days before the day appointed for the trial.
The sheriff or mayor, as the case may be, shall forthwith
publish the same in the county or borough.
XXXII. The sticking up of the notice of trial at the office of
the Master shall be deemed and taken to be notice in the pre-
scribed manner within the meaning of the Act, and such notice
shall not be vitiated by any miscarriage of, or relating to, the
Copy or copies thereof to be sent as already directed.
XXXIII. The notice of trial may be in the following form :—
“Parliamentary Elections Act, 1868.”
Election petition of county [or borough] of s
Take notice that the above petition [or petitions] will be
tried at on the day of and on such other
Subsequent days as may be needful.
Dated the day of
Signed, by order,
A. B.,
The Master appointed under the above Act.
XXXIV. A judge may from time to time, by order made
"pºn the application of a party to the petition, or by notice in
such form as the judge may direct to be sent to the sheriff or
Jºnforcing
costs.
Election list
Notice of time
and place of
trial.
Serving notice
of trial.
Form of notice.
Postponing
trial.
2 N
546
PART VI.-ELECTION PETITIONS.
Adjournment
through
judge's
absence.
Adjourned
from day to
day.
Application to
state case.
Title of Court.
Registrar of
Court.
Form of
subpoena.
mayor, as the case may be, postpone the beginning of the trial
to such day as he may name, and such notice when received
shall be forthwith made public by the sheriff or mayor.
XXXV. In the event of the judge not having arrived at the
time appointed for the trial, or to which the trial is postponed,
the commencement of the trial shall ipso facto stand adjourned
to the ensuing day, and so from day to day.
XXXVI. No formal adjournment of the Court for the trial of
an election petition shall be necessary, but the trial is to be
deemed adjourned, and may be continued from day to day until
the inquiry is concluded; and in the event of the judge who
begins the trial being disabled by illness or otherwise, it may
be recommenced and concluded by another judge.
XXXVII. The application to state a special case may be
made by rule in the Court of Common Pleas when sitting, or by
a summons before a judge at chambers, upon hearing the parties.
XXXVIII. The title of the Court of Record held for the trial
of an election petition may be as follows:—
Court for the trial of an election petition for the [county
Of or borough of as may be] between peti-
tioner and respondent, and it shall be sufficient so to
entitle all proceedings in that Court.
XXXIX. An officer shall be appointed for each Court for the
trial of an election petition, who shall attend at the trial in
like manner as the clerks of assize and of arraigns attend at the
3.SSIZOS.
Such officer may be called the Registrar of that Court. He
by himself, or in case of need his sufficient deputy, shall perform
all the functions incident to the officer of a Court of Record,
and also such duties as may be prescribed to him.
[XL. Revolved by Rule 5 of Rules, January, 1875.]
XLI. The order of a judge to compel the attendance of a
person, as a witness, may be in the following form —
Court for the trial of an election petition for [complete the
title of the Court] the day of To A. B. [describe
the person] you are hereby required to attend before the
above Court at [place] on the day of at the hour
of [or forthwith, as the case may be] to be examined as a
witness in the matter of the said petition, and to attend
the said Court until your examination shall have been
completed. -
As witness my hand,
A
Judge of the said Court.
The Court has no jurisdiction to order the attachment of persons evading
service of subpoenas ; IIeywood v. Dodson, 44 11. T. 285.
RULES OF MICHAELMAS TERM, 1868. 547
XLII. In the event of its being necessary to commit any Form of
person for contempt, the warrant may be as follows:— warrant for
contempt.
At a Court holden on at for the trial of an
election petition for the county [or borough] of before
Sir Samuel Martin, Knight, one of the Barons of Her
Majesty's Court of Eachequer, and one of the judges for
the time being for the trial of election petitions in England,
pursuant to “The Parliamentary Elections Act, 1868.”
Whereas A. B. has this day been guilty, and is by the
said Court adjudged to be guilty, of a contempt thereof,
the said Court does therefore sentence the said A. B. for his
said contempt to be imprisoned in the gaol for
calendar months, and to pay to our Lady the Queen a fine
of £ and to be further imprisoned in the said gaol
until the said fine be paid ; and the Court further orders
that the sheriff of the said county [or as the case may be],
and all constables and officers of the peace of any county or
place where the said A. B may be found, shall take the said
A. B. into custody and convey him to the said gaol, and
there deliver him into the custody of the gaoler thereof, to
undergo his said sentence ; and the Court further orders
the said gaoler to receive the said A. B. into his custody,
and that he shall be detained in the said gaol in pursuance
of the said sentence.
A. D.
Signed the day of
S. M.
XLIII. Such warrant may be made out and directed to the To whom
sheriff or other person having the execution of process of the directed.
Superior Courts, as the case may be, and to all constables and
officers of the peace of the county or place where the person ad-
judged guilty of contempt may be found, and such warrant shall
be sufficient without further particularity, and shall and may
be executed by the persons to whom it is directed, or any or
either of them.
XLIV. All interlocutory questions and matters, except as to Interlocutory
the sufficiency of the security, shall be heard and disposed of proceedings
before a judge, who shall have the same control over the pro- * jº"gº.
ceedings under “The Parliamentary Elections Act, 1868,” as a
judge at chambers in the ordinary proceedings of the Superior
Courts, and such questions and matters shall be heard and dis-
posed of by one of the judges upon the rota, if practicable, and
if not, then by any judge at chambers.
XLV. Notice of an application for leave to withdraw a peti- Notice of
tion shall be in writing, and signed by the petitioners or their application for
agent. leave to
It shall state the ground on which the application is intended withdraw.
to be supported.
2 N 2
548 PART VI.—ISLECTION PIETITIONS.
The following form shall be sufficient:-
“Parliamentary Elections Act, 1868.”
County [or borough] of petition of [state petitioners]
presented day of º -
The petitioner proposes to apply to withdraw his petition
upon the following ground [here 8tate the ground] and prays
that a day may be appointed for hearing his application.
Dated this day of
(Signed)
XLVI. The notice of application for leave to withdraw shall
bo loſt at tho Master's office.
Service of XLVII. A copy of such notice of the intention of the peti-
notice. tionor to apply for leave to withdraw his petition shall be given
by the petitioner to the respondent, and to the returning officer,
who shall make it public in the county or borough to which it
relates, and shall be forthwith published by the petitioner in at
least one newspaper circulating in the place.
The following may be the form of such notico:-
“Parliamentary Elections Act, 1868.”
In the election potition for in which is peti-
tioner and respondent.
Notice is hereby givon, that the above petitioner has on
the day of lodged at the Master's office, notice
of an application to withdraw the petition, of which notico
the following is a copy [set it out].
And take notice that, by the rule made by the judges,
any person who might have boom a petitioner in respect of
the said cloction, may within five days after publication by
the returning officer of this notice, give notice in writing of
his intention on the hearing, to apply for leave to be sub-
stituted as a petitioner.
(Signed)
Substituted XLVIII. Any person who might have boon a petitioner in
petitioner. respect of the election to which the petition relates, may within
five days after such notico is published by the returning officer,
give notico, in writing, signed by him or on his behalf, to tho
Master, of his intention to apply at the hearing to be substituted
for the petitioner, but the want of such notice shall not defeat
such application, if in fact made at the ksaring.
Fixing XLIX. The time and place for hearing the application shall
hearing of be fixed by a judge, and whother before the Court of Common
application Pleas or beforo a judge, as ho may deem advisable, but shall
not be loss than a week after the notice of the intention to
apply has boon given to the Master as hereinbefore provided,
and notice of the time and place appointed for the hearing shall
RULES OF MICHAELMAS TERM, 1868–TAxATION OF COSTs.
549
be given to such person or persons (if any) as shall have given
notice to the Master of an intontion to apply to be substituted
as petitionors, and otherwiso in such manner and at such time
as the judge directs.
L. Notice of abatement of a petition, by death of the poti-
tioner or surviving petitioner, under section 37 * of the said Act,
shall be given by the party or person interested in the same
mannor as notice of an application to withdraw a petition, and
the time within which application may be made to the Court or
a judge, by motion or summons at chambers, to be substituted
as a petitioner, shall be one calendar month, or such further
timo as upon considoration of any special circumstances the
Court or a judge may allow.
For the manner of applying to withdraw, sco Rulo 45.
LI. If the respondent dios or is summoned to Parliament as
a peer of Great Britain by a writ issued under the Great Seal
of Great Britain, or if the House of Commons have resolved that
his soat is vacant, any person entitled to bo a petitioner under
the Act in respect of the election to which the petition relates,
may give notice of the fact in the county or borough by causing
such notico to be published in at least one newspaper circulating
therein (if any) and by leaving a copy of such notice signed by
him or on his behalf with the returning officer, and a like copy
with the Master.
III. The manner and time of the respondent's giving notice
to the Court that he does not intend to oppose the petition,
shall be by leaving notico thereof in writing at the office of
the Master signed by the respondent six days before the
day appointed for trial exclusive of the day of leaving such
notice.
LIII. Upon such notice being leſt at the Master's office, the
Master shall forthwith send a copy thereof by the post to the
petitioner or his agent, and to the sheriff or mayor, as the case
may be, who shall cause the same to be published in the county
or borough.
LIV. The time for applying to be admitted as a respondent
in eithor of the events montioned in the 38th section f of the Act,
shall be within ten days after such notice is given as herein-
before directed, or such further time as the Court or a judge
may allow.
L.W. Costs shall be taxed by the Master or, at his request, by
any Master of a superior court, upon the rule of court or judge's
order by which the costs are payable, and costs when taxed
may be recovered by execution issued upon the rule of court
ordering them to be paid; or, if payable by the order of a
judge, then by making such order a rule of court in tho ordinary
Way and issuing execution upon such rule against the person
by whom the costs are ordered to be paid, or in case thore bo
Notice of
abatement on
petitioner's
death.
* p. 533.
Notice on
respondent's
death.
Notice of not
opposing.
Notice to be
forwarded.
Time for
applying to
be respondent.
f p. 533.
Taxation
of costs.
5
5
0
PART VI.- ELECTION PETITIONS.
Ičoll of
election
agents.
Signing roll.
Persons
entitled to
practise.
Notice of
retainer to
master.
*:
Publication
of rules,
money in the bank available for the purpose, then to the extent
of such money by order of the Chief Justice of the Common
Pleas for the time being, upon a duplicate of the rule of
COurt.
The office fees payable for inspection, office copies, enrolment,
and other proceedings under the Act, and these rules shall be
the same as those payable (if any) for like proceedings according
to the present practice of the Court of Common Pleas.
A lump sum may be allowed for “instructions for brief”: Fleming v. Cave,
44 L. J. C. P. 200. As to counsel's fees, consultations, daily refreshers, see
Iłe Tamworth, L. R. 5 C. P. 172; 39 L. J. C. P. 89; 22 L. T. 98. Consulta-
tions allowed: Tillett v. Stracy, L. R. 5 C. P. 185; 39 L. J. C. P. 93; 22 L. T.
101; 18 W. K. 631.
The amount of expenses allowed to witnesses by the registrar is not con-
clusive on taxation : McLaren v. Howe, 7 Q. B. D. 477; 50 L. J. Q. B, 658,
As to costs on withdrawal of petition three days before trial, see Hughes v.
Meyrick, L. R. 5 C. P. 407; 39 L. J. C. P. 249. Title to costs allowed when
Parliament dissolved on the same day as that on which judgment given :
Marshall v. James, L. R. 9 C. P. 702; 43 L. J. C. P. 281.
LVI. The Master shall prepare and keep a roll properly
headed for entering the names of all persons entitled to practise
as attorney or agent in cases of election petitions, and all
matters relating to elections before the Court and judges pur-
suant to the 57th section * of the said Act, which roll shall be
kept and dealt with in all respects as the roll of attorneys of
the Court of Common Pleas, and shall be under the control of
the Court, as to striking off the roll and otherwise.
LVII. The entry upon the roll shall be written and sub-
scribed by the attorney or agent, or some attorney authorized
by him in writing to sign on his behalf, who shall therein set
forth the name, description, and address in full.
LVIII. The Master may allow any person upon the roll of
attorneys for the time being, and during the present year any
person whose namo or the name of whose firm is in the law list
of the present year as a Parliamentary agent to subscribe the
roll, and permission to subscribe the roll may be granted to any
other person by the Court or a judge upon affidavit, showing
the facts which entitle the applicant to practise as agent
according to the principles, practice, and rules of the House of
Commons in cases of election petitions.
LIX. An agent employed for the petitioner or respondent
shall forthwith leave written notice at the office of the Master,
of his appointment to act as such agent, and service of notic s
and proceedings upon such agent shall be sufficient for all
purposes.
LX. No proceeding under “The Parliamentary Elections
Act, 1868,” shall be defeated by any formal objection.
LXI. Any rule made or to be made in pursuance of the Act,
if made in term time, shall be published by being read by the
RULES OF DECEMBER, 1868–NoTICE OF TRIAL.
551
Master in the Court of Common Pleas, and if made out of term,
by a copy thereof being put up at the Master's office.
Dated the 21st day of November, 1868.
(Signed) Samuel Martin,
J. S. Willes,
Colin Blackburn,
The Judges for the trial of Election
Petitions in England.
I certify that the above is a correct copy of the rules settled
by the above-named judges, and which were read in the Court
of Common Pleas on the 23rd November, 1868.
John Gordon,
The prescribed officer.
Additional GENERAL RULES of PROCEDURE in reference to
ELECTION PETITIONs in England.
Additional General Rule made by Sir Samuel Martin, Knight,
one of the Barons of the Exchequer; Sir James Shaw
Willes, Knight, one of the Justices of the Common Pleas;
and Sir Colin Blackburn, Knight, one of the Justices of the
Queen's Bench; the Judges for the time being for the trial
of Election Petitions in England, pursuant to “The Parlia-
mentary Act, 1868.”
That notice of the time and place of the trial of each election
petition shall be transmitted by the Master to the Treasury, and
to the Clerk of the Crown in Chancery; and that the Clerk of
the Crown in Chancery shall, on or before the day fixed for the
trial, deliver, or cause to be delivered, to the registrar of the
judge who is to try the petition or his deputy, the poll books,
for which the registrar or his deputy shall give, if required, a
receipt: And that the registrar shall keep in safe custody the
said poll books until the trial is over, and then return the same
to the Crown Office.
Dated the 19th day of December, 1868.
Samuel Martin,
J. S. Willes,
Colin Blackburn,
The Judges for the trial of Election
Petitions in England.
15 April, 1869.
I certify that this is a correct copy of the rule made by the
judges, whose names are hereunto subscribed.
J. Gordon,
The officer appointed under the Act.
Notice of
trial to
Treasury and
Clerk of the
Crown.
Poll books.
IPART VI.- ISI, E('TION PETITIONS.
Claims on
deposit.
* p. 542.
Ultimato
destination
of doposit.
Mode of
applying.
Recipient.
Tiling copies.
-*-*.
Additional General Rules made by the Judges for the time
being for the trial of Election Potitions in England, pur-
suant to “The Parliamentary Elections Act, 1868.”
1. All claims at law or in equity to money deposited or to be
deposited in the Bank of England for paymont of costs, charges,
and expenses payable by the petitioners, pursuant to the 16th
General Rule,” made the 21st of November, 1868, by the judges
for tho trial of eloction petitions in lºngland, shall be disposed
of by the Court of Common Pleas or a judgo.
2. Momoy so deposited shall, if and when the same is no
longer needed for securing payment of Such costs, charges, and
exponsos, be roturned or otherwise disposed of as justice may
require, by rule of the Court of Common Pleas or order of a
judge.
º Such rule or order may be made after such notice of in-
tention to apply, and proof that all just claims have been Satis-
fied or otherwise sufficiently provided for as the Court or judge
may require.
4. The rulo or order may direct payment either to the party
in whose name the same is deposited or to any person entitled
to recoivo the same.
5. Upon such rule or order being made, the amount may be
drawn for by the Chief Justico of the Common Pleas for the
time boing.
6. The draft of the Chief Justice of the Common Pleas for the
time being shall, in all cases, be a sufficient warrant to the
13ank of lºngland for all payments made thereunder.
Dated the 25th day of March, 1869.
Samuel Martin,
J. S. Willes,
Colin Dlackburn,
The Judges for the trial of Floction
Potitions in England.
15 April, 1869.
I certify that this is a correct copy of the rules made by the
judges, whose names aro horounto subscribed.
J. Gordon,
The officer appointed under the Act.
Additional Goneral Rules made by the Judges for the time being
for the trial of Eloction Petitions in England, pursuant to
“The l’arliamontary Elections Act, 1868,” for the moro
offectual execution of the said Act.
1. A copy of every order (other than an order giving furthor
time for delivering particulars, or for costs only), or, if the
Master shall so direct, the order itself or a duplicate thoroof,
RULES OF JANUARY, 1875.
also a copy of overy particular delivered, shall be forthwith filed
with the Master, and the same shall be produced at the trial by
the registrar, stamped with the official seal. Such order and
particular respectively shall be filed by the party obtaining the
S8.1/10.
2. The petitioner or his agent shall, immediately after notice
of the presentation of a petition and of the nature of the pro-
posed security shall have been served, file with the Master an
affidavit of the timo and manner of Sorvice thereof.
3. The days mentioned in Rules 7 and 8, and in any rule of
court or judgos' order, whereby particulars are ordered to be
delivored, or any act is dirocted to be done, so many days before
the day appointed for trial, shall be reckoned oxclusively of the
day of delivery, or of doing the act ordered and the day ap-
pointed for trial, and exclusively also of Sunday, Christmas
Day, Good Friday, and any day set apart for a public fast or
public thanksgiving.
This applies, S. 49 of tho Act of 1868 (p. 536), to the IRules.
4. When the last day for presenting petitions, or filing lists
of votes or objections, under Rules 7 and 8, or recognizances, or
any other matter required to be filed within a given time, shall
happen to fall on a holiday, the petition or other matter shall
be deemed duly filed if put into the letter box at the Master's
office at any time during such day; but an affidavit stating with
roasonable precision the time when such delivery was made,
shall be filed on the first day after the expiration of the
holidays.
5. Rule 40 is horeby revoked, and in lieu thereof it is ordered
that the amount to be paid to any witness whose expenses shall
bo allowed by the judge shall be ascertained and certified by
the registrar; or in the ovent of his becoming incapacitated from
giving such certificate, by the judge.
Rulo 40 is amendod by providing for tho incapacity of the rogistrar.
6. After rocoiving notice of the petitioner's intontion to apply
for loave to withdraw, or of the respondent's intention not to
oppose, or of the abatement of the potition by death, or of the
happening of any of the events mentioned in the 38th section
of the Act,” if such notice be received after notice of trial shall
have been given, and before the trial has commenced, the
Master shall forthwith countermand the notice of trial. The
countermand shall be given in the same mannor, as near as may
be, as the notice of trial.
Dated the 27th day of January, 1875.
G. Pigott,
Itobt. Lush,
George E. Honyman,
Judges for the time being on the rota for the trial of
I}lection Petitions in England.
Affidavit of
service.
Reckoning
days.
Last day a
holiday.
Witnesses'
expenses.
Countermand
of trial in
certain cases.
* p. 533.
554
PART VI.-ELECTION PETITIONS.
42 & 43 Wict.
c. 75.
Short title.
Trial of elec-
tion petition
before
two judges.
44 & 45 Vict.
c. 68, ss. 13
& 14.
Rota of
Queen’s Bench
Judges.
42 & 43 Vict. c. 75. An Act to amend and continue the
Acts relating to Election Petitions, and to the preven-
tion of Corrupt Practices at Parliamentary Elections.
[15th August, 1879.
Be it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Tem-
poral, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows:
1. This Act may be cited as the Parliamentary Elections and
Corrupt Practices Act, 1879.
2. The trial of every election petition, and the hearing of an
application for the withdrawal of an election petition shall be
conducted before two judges instead of one, and the Parliamen-
tary Elections Act, 1868, shall be construed as if for the purpose
of hearing and determining the petition at the trial and of
hearing and determining any application for the withdrawal of
an election petition two judges were mentioned, and additional
judges shall, if necessary, be placed on the rota accordingly.
Every certificate and every report sent to the Speaker in pur.
suance of the said Act shall be under the hands of both judges,
and if the judges differ as to whether the member whose return
or election is complained of was duly returned or elected they
shall certify that difference, and the member shall be deemed
to be duly elected or returned; and if the judges determine
that such member was not duly elected or returned, but differ
as to the rest of the determination, they shall certify that
difference, and the election shall be deemed to be void ; and if
the judges differ as to the subject of a report to the Speaker,
they shall certify that difference and make no report on the
subject on which they so differ.
Save as aforesaid, any order, act, application, or thing for the
purposes of the said Act may continue to be made or done by,
to, or before one judge. The expenses incident to the sitting
of two judges shall be defrayed as the expenses of one judge
are payable under the provisions of the said Act.
44 & 45 Vict. c. 68, ss. 13 & 14. Judicature Act, 1881.
13. The judges to be placed on the rota for the trial of elec.
tion petitions in England in each year under the provisions of
the Parliamentary Elections Act, 1868, or any Act amending
the same, shall henceforth be selected out of the judges of the
Queen's Bench Division of the High Court of Justice in such
manner as may be provided by any Rules of Court to be made
for that purpose and subject thereto, shall be selected as follows
(that is to say) the judges of the Queen's Bench Division of the
High Court shall, on or before tho 4th day of November in
JUDICATURE ACT, 1881–APPEAL.
555
every year, select by a majority of votes three of the puisne
judges of such division (none of whom shall be a member of the
House of Lords) to be placed on the rota for the trial of election
petitions during the ensuing year.
If in any case the judges of the said division present at the
time of their meeting to make such selection are equally divided
in their choice of any judge to be placed on the rota, the Lord
Chief Justice of England, or, in case of his absence, the senior
judge then present shall have a second or casting vote.
The choice of a judge to fill any occasional vacancy upon the
rota, or to assist the judge on the rota as an additional judge,
shall be made in like manner.
This provision now takes the place of s. 11, subs. 2 & 3, of the Election
Petitions Act, 1868 (p. 525).
14. The jurisdiction of the High Court of Justice to decide
questions of law, upon appeal or otherwise, under the Act of
the sixth and seventh years of her Majesty, chapter eighteen,
the County Voters Registration Act, 1865, the Parliamentary
Elections Act, 1868, the Corrupt Practices (Municipal Elections)
Act, 1872, the Parliamentary and Municipal Registration Act,
1878, or any of the said Acts, or any Act amending the same
respectively, shall henceforth be final and conclusive, unless in
any case it shall seem fit to the High Court to give special leave
to appeal therefrom to her Majesty's Court of Appeal, whose
decision in such case shall be final and conclusive.
See note to this section, p. 163, ante.
By s. 11 (16) (p. 527), the decision of the High Court on a special case was
conclusive. This section amends that section.
44 & 45 Vict.
c. 68, ss. 13
& 14.
Appeal from
High Court
to Court of
Appeal.
I N D E X.
ABATEMENT,
reviver of objection on death of objector, 152
of election petition, 533
ABODE,
declaration by party changing, 123
in borough, 151
ABSIENCE
of rovising barristor, 88
appointment of substitute, 88, 243
loavo of, to employés at election, 519
ABSTRACT
of lists and objections for rovising barrister, 88
to be sent by clerk of peaco and town clerk, 88
ACOELERATION OLAUSES
of Rodistribution of Soats Act, 240
ACCEPTANCE OF OFFICE,
re-election nocCSSary during recess, 374
now writ upon, 418
ACTION
for contravention of Registration Acts, 111
ADDRESS FOR SERVICE,
petitioner's, 541
membor's, 541
ADJOURNMENT
of Rovision Court, 94
in caso of illness of barrister, 134
no formal adjournment necCSSary, 134
of poll in case of riot, 400
by presiding officor, 437
ADMIRALTY, Commissioner of the,
sixth, disqualifica as candidate, 371
ADMIRALTY, Council of the,
qualifica as candidatos, 369
ADVERTISING,
illegal payments for use of premises for, 469
AFFIDAVITS
on withdrawing petition, 489
AGENCY,
postponing proof of 529
corrupt, avoids election, 535
558 INDEX.
AGENT
may not sign notice of objection, 78
AGENT, at election,
liability of candidate for acts of, 468, 535
appointment of election agent, 476
candidate may be his own, 477
all payments to be by, 478
ALIEN,
definition of, 51
may not vote, 51
may not sit, 346
maturalized, may both sit and vote, 51
ALMS,
disqualification by receipt of, 25
in county, 43
AMENDMENT,
duty of revising barrister to make, 153
power of revising barristor to make, 153
APPEAL
from revising barrister to High Court, 94
on point of law only, 94, 107
not on admissibility of evidence, 107
statement of case, 94
discretion of barrister, 94
appeal by rule, if case refused, 161
consolidation of appeals, 96
naming of appellant, 96
of respondent, 97
contributions to costs, 97
party interested may sever, 98
hearing of appeals, 104
notice and entry of, 105, 106
notice of time and place by Court, 106
remitting case for fuller statement, 107
costs, 108
practice as to, 109
order on town clerk or clerk of peace, 161
pending, not to affect right of voting, 108
decision to be notified to returning officer, 108
register to be altered conformably, 108
further appeal to Court of Appeal, 107, 163
by leave only, 163
Special provisions as to, in 1885. 242
to quarter Sessions from conviction, 497
ARMY OFFICERS
need not vacate seats, 351
ASSESSED TAXES, -
payment of, for borough occupation franchise, 18
ATHEIST
not disqualified for election, 348
disqualified for sitting, 348
ATTESTATION
of lodger's claim, 200
of declaration of misdescription, 204
INDEX. 559
ATTORNEY-GENERAL,
report of Election Court submitted to, 499
AUDITOR OF CIVIL LIST,
disqualification of, as candidate, 365
AWOIDANCE OF SEAT
for corrupt practice, 468, 469
for illegal practice, 471
BALLOT,
voting by, 431
BALLOT ACT,
table of contents of, 430
BALLOT BOX,
opening of, 432
construction of, 443
Sealing, 443
BALLOT PAPER,
voting by, 431, 443
form of 451
forging, abstracting, &c., 433
contents of, 443
tendered and spoilt, 444
ballot paper account, 445
BAND OF MUSIC,
payment for, illegal, 473
BANKRUPTOY,
English disqualification by from sitting, 383
in Scotland, 386
Irish, disqualification by, 381
Scotch, disqualification by, 386
Irish judge in, disqualified, 374
BANNERS,
payments for, illegal, 473
BARRISTER,
appointment, &c., of revising, 86, 135, 243
See REVISING BARRISTER.
may not appear for party at Revision Court, 94
reported guilty to be dealt with, 486
BEER,
place for sale of, not to be committee room, 474
BENEFICE,
qualification by, 3
BILL,
payment of, by election agent, 478
BLIND PERSONS,
voting by, 444
BOROUGH tº sº. 2"
occupation of £10 land or tenement in, 62
of dwelling-house in, 35
of lodgings in, 37
returning officer in municipal, mayor, 464
in non-municipal, 516
560 INDEX.
“BOROUGH OCCUPATION FRANCHISE,”
meaning of, in Act of 1884., 63
BOROUGHS,
list of parliamentary, 339
to cease as such, 257, 267
to lose one member, 258
to have boundaries altered, 272
to be divided, 339
BOSTON,
disqualification of certain persons in, 72
BRIBERY,
disfranchisement of certain persons for, 72
enfranchisement of persons disfranchised in 1867 for, 72
by bribers, 413
by bribed, 414
punishment for, 463
vote struck off for, 439
BUILDING, -
occupation of, qualification by, 17
CABS
not to be lent for conveyance of voters, 473
CAMIBIRIDGE UNIVERSITY
returns two members, 339
vote for town by college occupation, 71
CANDIDATE
may be his own agent, 448
may vote for himself, 432
definition of, 500
nomination of 431
withdrawal of, 431
notice of withdrawal, 442
describing in nomination papers, 441
publishing false statement of withdrawal of, 470
joint expenses of, 506
CANDIDATES,
Table of Statutes disqualifying, 345
CANTERBURY,
disqualification of certain persons in, 72
CANVASSER,
paid, not allowed to be employed, 474
CAPACITY,
employment in unauthorized, 473
CARRIAGES,
loan of public, 473
CASTING WOTE
of returning officer, 432
CENTRAL CRIMINAL COURT,
trial at, 495
CERTIORARI,
exclusion of, by Registration Act, 1843. , 109
INDEX. 561
CHAMBERS,
qualification by occupation of, 55
CHAMBERS, Judge in,
appointment of revising barristers by, 240
in 1885 only, 240
CHANDOS CLAUSE, -
qualification of £50 rental voter by, 14
CHARGES, all,
meaning of 3
forty-shilling freehold must be above, 3
other ownership qualification must be above, 38
CHARITIES,
disqualification by alms, 25
municipal, medical relief from, 147
CHARITY COMMISSIONERS,
disqualification of, as candidates, 373
CHESTER,
disqualification of certain persons in, 72
CIRCUITS,
appointment of revising barristers on, 86
numbers of revising barristers on, 136
CLAIM,
overseers to require persons to send in, 76
as ownership voter in county, 76
notice to send in claims, 76
form of claim, 190
list of claimants and register, list of voters, 77
as occupation voter in county, 200
as lodger in county, 200
as occupation voter in borough, 81
form of claim, 225
list of claimants to be made, 82
form of lists, 230
general proof of, 154
objection to claimant in Court, 92
CLAIM OF SEAT,
lists of voters and objections upon, 541
CLAIMANTS,
lists of, to be revised as lists of voters, 167
CLAIMS (at election)
barred, 479
disputed, 479
taxed, 480
CLERGYMEN,
disqualification of, as candidates, 362
CLERK OF CROWN
to keep book of returns, 389
to give notice of election to War Office, 410
to retain ballot papers for a year, 446
CLERK OF THE PEACE,
meaning of term in Registration Acts, 113
who to act in particular areas, 171
562 INI).I.Y.
(JI lºſt IK () [" TIII) IPI)A (JI)—continued.
general instructions to, 179
to Hond procepts to overseers, 75
date of precept, 171
form of procept, 180
to Sond supplemental precepts in 1885. , 239
to Hond lists to revising barristor, 88
to givo notico of IRovision Courts, 89
to attend first Rovision Court, 90
and deliver lists to rovising barrister, 90
to receive rovisod lists, 99
to make up the registor, 99
modo of making up, 168
to dolivor registor to returning officer, 99
to account for money received, 102
oxponses of, how defrayed, 102
l'omuneration of, 172
action against, for wilful misfeasanco, Il I
(JI.EIRIXS,
appointed by agent, 478
number allowed, 504
(JILEIRIXS IN OFITIOES,
disqualification of, as candidates, 353
Saving for certain officials, 354
CLUBS,
non-political not to be committoo rooms, 475
COOKADIES,
giſt of, forbidden, 4.15
paymonts for, forbid 'on, 473
()() I., I, ECTORS OF TAXIS,
disqualification of, as candidatos, 346
()() I.I.I.GI),
at Oxford or Cambridgo, occupation in, 7 |
right of occupior to vote, 71
(JOI,() NIIES, Governors of,
disqualitlod as candidates, 371
JOMMISSIONER OF ADMII* ALTY,
sixth, disqualiſiod as Candidate, 871
(OMMISSIONIERS ITOR OFFICES,
in excoss of legal number, disqualiſlod as candidates, 351, 377
(JOMMISSIONERS OF POLI(JI),
disqualiſication of, as candidates, 373
J()MMI"I'M IJN'I' FOR TRIA I,
by election court, 492
COMMI I"I'EE IR ()() MS,
illegal payment for excessive, 469
liconsed promises mot to be, 475
defined, 502
(OMPANIES,
contracts for public Hervice by, 356
not to disqualify, 356
INI).EX.
563
("ONSOLIDATION OF APPIEAIS
may be directed by revising barrister, 96
naming of appellant, 96
of respondent, 97
party interested may scver, 98
(ONSTABLE,
disqualification of borough, 34
metropolitan, 12
county, 28
attendance at poll, 407
voters need not serve as special, 415
()()NTEMPT OF ELECTION COURT,
warrant for, 547
()()NTRACT()IR
for public service, disqualified candidate, 355
(JONVEYANCE,
illegal payments for, 469
of votors by sea, 495
CONVICTION FOR FELONY,
disqualification by, for sitting or voling, 52, 380
(OPYHOLD,
qualiſication by, 38
CORRUPT PRACTICE,
disqualification to sit for, 386
tablo of contents of Act of 1883. .465
definition of, 467
punishment for, 468
persons charged with, found guilty of illegal practice, 406
for giving wagos at election, not to be, 519
(OSTS (Corrupt Practices),
to prosecutor in case of bribery, 415
to defendant, 415
by county or borough, of petition, 493, 498
of prosecutions, 498
defined, 503
Recurity for, of petition, 523
of election petition, 534
enforcing, 545
taxation of, 540
(OSTS (Registration),
at revision court, 89
of frivolous proceedings, 89
up to £5, 125
of objections, 152
up to 40s, 152
order for, not removable, 109
of appeal from revising barrister, 108
payment of, by town clerk or clerk of peace, 161
of consolidated appeals, 97
(OUNSEL
may not appear for party at revision court, 94
COUNTERFOIL,
numbers on, 445
inspection of, 446
“)
*/
O 2
564 INDEX.
COUNTERMAND OF POLL,
on death of candidate, 431
COUNTIES,
divisions of, undor Act of 1885. .260
names and contents of divisions, 293
divisions prior to 1885 to coase, 260
list of parliamentary, 339
COUNTING,
of votes, process of, 445
agents for, 445, 448
hours for, 445
assistants, 447
COUNTING-IIOUSE,
occupation of, qualification by, 17
COUNTY,
ownership voters in, 2, 3
occupation votors in, 62
by inhabitancy of dwelling-house, 59
of lodgings, 59
no vote for by borough qualification, 15
undor Act of 1884..62
“COUNTY OCCUPATION FRANCHISE.”
meaning of, in Act of 1884. .63
COUNTY OF CITY OR TOWN,
forty-shilling freeholder in, 7
COUNTY COURT JUDGES,
disqualified as candidates, 376
COURT
of revision, notice of sittings of, 89
seven days' notice, 89
in counties, 167
adjournment of, 94
evening sittings of, 134
High, sittings on appeal of, 104
CROWN,
office-holders under, disqualified candidates, 349, 378
demise of, no dissolution, 427
CROWN OCCUPATION
oxempt from ratos, 65
inhabitant occupier to be placed in rate-book, 65
CUSTOMARY TENUIRE,
qualification by, 39
CUSTOM-HOUSE OFFICERS,
disqualification of, as candidates, 348
DATES,
of payment of rates, 33
computation of poriod of qualification, 141
in counties, 173
altoration of, for 1885. 241
things to be done in order of date, in counties, 185
in boroughs, 214
INDEX.
DEATH OF CANDIDATE,
countermand of poll on, 431
DEATH OF MEMBERS,
electing on, 391
DEATHS,
notice of, to overseers, 143 -
expunging names by revising barrister, 153
DECLARATION
of secrecy by officers, 448
form of, 452, 507, 510
of expenses, 481
false, perjury, 482
DEFEND ANT
may give evidence, 497
DEPOSIT
by way of security for petition, 542
claims on, 552
DEPUTY SHERIFF
in divided counties, 436
DISQUALIFICATION OF CANDIDATES,
collectors of taxes, 346
Custom-house officers, 348
officers of excise, 368
infants, 347
women, 347
aliens, 348
Middlesex Registrar, 352
IEnglish judges, 382
Irish judges, 367, 374, 382
Irish assistant barristers, 373
land judge of Ireland, 374
County Court judges, 376
Scotch Session judges, 353
Scotch sheriffs, 354
pensioners, 349, 352, 378
peers, Irish, 357
clerks in offices, 353
contractors for public service, 355
clergymen, 362
Roman Catholic priests, 369
auditor of Civil List, 365
Irish offices, 359, 366
Scotch offices, 367
Irish Registrar of Deeds, 371
police magistrates, 370, 372
commissioners of police, 373
Irish constabulary officers, 372
Land Commissioners, 372
revising barristers, 87
recorders, 382
Ecclesiastical Commissioners, 373
Charity Commissioners, 373
India, members of Council of 374
for new offices under the Crown, 349, 378
commissioners in excess of legal number, 351, 377
Sixth Commissioner of Admiralty, 371
566 INI).EX.
DISQUALIFICATION OF CANDIDATES.–continued.
Fifth Secretary of State, 374
West Indian Commissioners, 373
Governors of India and Colonies, 371
Commissioner of Works in Ireland, 371
DISQUALIFICATIONS, list of,
for sitting in Parliament, 345
for voting, 36
for corrupt practice, 468, 469
DISSOLUTION OF PARLIAMENT,
Redistribution of Seats Act to take effect on, 257, 258
not necessitated by demise of Crown, 427
the Septennial Act, 391
DISTANCE,
borough occupier must reside within seven mil, s, 18
freeman, 22
scot and lot voter, &c., 23
measurement of 32
DISTIRESS,
recovery of costs or fines by, 109
DIVIDED BOROUGH,
list of divided boroughs, 236
number, names, and contents of divisions, 278
conduct of registration in, 237
successive occupation in, 236
registration of non-resident freemen, 297
DIVIDED COUNTIES,
all English counties but Rutland and I. of Wight, 261
divisions before 1885 cease, 260
DOUBLE ENTRY,
on borough lists, treatment of, 155
selection by party of entry to be retained, 155
duty of barrister where no such selection, 169
on municipal lists, where wards, 155
on more than one division of divided borough, 170
on county lists, treatment of, 168
Act of 1878 not to apply, 168
selection of entry by party, 168
duty of barrister where no selection, 169
I).O.U.B.L.E. RETURNS
forbidden, 389
penalty for procuring, 389
DOWER,
voting by second husband of Woman entitled to, 9
DUPLICATE ENTRY
on borough lists, 155
on county lists, 168
And see DOUBLE ENTRY.
DWELLING-HOUSE,
qualification by, in boroughs, 35
in counties, 59
INDEX. 567
ECCLESIASTICAL COMMISSIONER,
disqualification of First, as candidate, 372
EDUCATION, Council of,
Vice-President of, qualified as candidate, 373
ELECTION,
table of statutes relating to, 388
ELECTION AGENT,
nomination of, 476
re-nomination on death, 477
remuneration of, 480
ELECTION COMMISSIONERS
defined, 501
ELECTION COURT
to report on illegal practice, 471
defined, 501
ELECTION LIST
made by Master, 545
ELECTION PIETITION,
affidavits on withdrawing, 489
defined, 501
ELECTOR,
disqualification of, by corrupt practices, 469
defined, 501
EQUITABLE ESTATES,
qualification by, 30
dissenting ministers, 30
inmates of hospitals, 30
ERROR,
in return of expenses, 482
excuse of, by Court, 483
EVENING SITTINGS
of revising barrister in boroughs, 134
in counties, 167
EXCEPTION
from consequences of illegal practices, 476
EXCESSIVE EXPENDITURE,
illegal practice, 470
EXCHEQUER, Chancellor of the,
appointed for Ireland, 367
made a Master of the Mint, 380
EXCISE, officers of,
disqualification of, as candidates, 368
qualification of, as electors, 50
IXOUSE
for corrupt practice, 475
EXPENSES OF ELECTION,
not incurred through agent not recoverable, 478
petty, 480
candidate's personal, 480
return of, 481
maximum of, 605
568 |NI) ſºx.
IXI’ENSES OF REGISTRATION,
how defrayed in counties, 102
expenses of clerk of the peace, 128
under Acts of 1884 and 1885. , 172
remuneration of barristor, 104
how defraycd in boroughs, 102
town clorks and returning officers, 102
fees of town clerk, 128
in municipal borough, 158
remuneration of barrister, 104
for municipal revision, 159
FAGGOT WOTES,
conveyance to procure, void, 4, 6
operatos to pass estate, 5
no vote for rent-charge, 60
except tithe rent-charge, 60
no vote by more than one joint tonant, &c., 61
excopt where interest derived by descent, 61
saving for rent-charges and joint tonancies before 1884., 66
I'AILUIRE
to make return of exponscs, 482, 483
I'EMALI)
may not vote, 36
for county, 3
may vote at municipal election, 147
“FIFTY POUNDS I.I.NTAL WOTER,”
meaning of this torm, 177
FINE
of overseers by rovising barrister, 101
not loss than 208. nor more than £5.. 101
mode of imposing fine, 101
under Act of 1878. 158
to whom fines payable, 101
no appeal against, 109
recoverable by distress, 109
I'LAGS,
payments for, illegal, 473
FOREIGNER
may not sit or vote, 51
And 800 ALIEN.
I'ORMS
of precepts, claims, &c., under Registration Acts, 176
under Act of 1885, substituted for prior forms, 176
completo tablo of, 164
effect of disregard of, 176
relating to freemen undor Rogistration Act, 115
to City of London, 117
of writ, 449
of notice of election, 449
of nomination paper, 450
of ballot paper, 451
directions to guide voters, 452
of declaration of socrecy, 452
of declaration of inability to read, 452
INDEX. 569
l'ORMS–continued.
of election petition, 540
of notice of trial, 545
of subpoena, 546
of warrant for contempt, 547
notice for leave to withdraw petition, 548
FORTY-SIHILLING FREEEIOLDEIR,
qualification of, for vote, 2
restriction on where ownership for life, 13
where rent-charge, 60
six months’ possession of, 16
registration of, 165
See OwnIERSHIP World R.
IFREE LAND OR TIENEMENT,
qualification by, and meaning of, 3
FULL AGE,
meaning of, 36
disqualification of infant, 5
FURNISHED HOUSE,
lotting for four months not to disqualify, 55
for municipal franchise, 148
GARDENER,
tenure of house by service not to iuvalidate vote, 60
GAZETTE,
publication of Speaker's deputation in, 393
GLOUCESTER,
disqualification of certain persons in, 72
GROUNDS OF OBJECTION
must be stated, in county, 122
voter's right not otherwise to be questioned, 123
each ground to be treated separately, 124
must be stated, in borough, 152
HACKNEY CARRIAGES,
employment of, illegal, 473
HIRING
what is illegal, 473
HOSPITALS,
inmates of, qualification of, 31
admission into metropolitan, 57
HOURS
of poll, 515
IIOUSE,
occupation of £10, in borough, qualification by, 17
or part of house, 55
“borough occupation franchise,” 63
occupation of £10, in county, 62 .
dwelling-house in borough, qualification by, 35
or part of house, separately occupied, 55
dwelling-house in county, qualification by, 59
“household qualification,” 63
570 INDEX.
HOUSE OF COMMONS,
decisions of High Court binding on, 107
HUSBAND
may give evidence, 497
IDENTITY
of voter, inquiry as to, at election, 404
of University voter, declaration of, 422
III,EGAL HIRING
hackney carriage, 473
ILLEGAI, PAYMENTS
amounting to illegal practice, 469
not so amounting, 473
punishment for, 475
ILLEGAL PRACTICES,
disqualification to sit for, 386
illegal payments amounting to, 469
punishment on conviction for, 471
Election Court to report on, 471
time to present petition alleging, 488
ILLITERATE PERSONS,
voting by, 444
INABILITY TO READ,
form of declaration, 452
INDEMINITY
to witncsses answering truly, 499
INDIA, Members of Council of,
disqualification of, as candidates, 374
of governor of, 371
INDICTMENTS,
allegations in, 423
ordered by Election Court, 492
defined, 502
INFANTS,
disqualification of, from voting, 5, 17, 35
meaning of “full age,” 36
disqualification, as candidates, 347
INHABITANT OCCUPIER,
of dwelling-house, qualification of 35
in county, 59
INITIALS
of revising barrister to corrections, 94
INQUIRY AT POLI,
as to identity of voter, 404
as to previously voting,
INSPECTION
of ballot papers, &c., 446
of returns of expenses, 484
INTERLOCUTORY IPROCEE DIN(#S
in petition, 547
IN 1) EX. 57.1
INTERPRETATION CLAUSE,
of Reform Act, 1832. 27
of IRegistration Act, 1843. 113
of Representation of People Act, 1884 67
of Registration Act, 1885..177
of Redistribution of Seats Act, 1885. 265
of schedules of, 263
of acceleration clauses of, 242
of Ballot Act, 438, 448
of Corrupt Practices Act, 501
of Election Petitions Act, 522
IRISH ASSISTANT BARRISTERS,
disqualification of, as candidates, 373
IRISH CONSTABULARY,
disqualification of, as candidates, 372
IRISH OFFICES
disqualifying candidates, 359, 366
IRISH REGISTRAR OF DEEDS,
disqualification of, as candidates, 37ſ
JEWS,
voting, by, on Saturdays, 444
JOINT OCCUPIER,
qualification of, in borough, 19
in county, 42
only two, 42
of lodgings, qualification of, 56
only two may vote, 56
of dwelling-house, 35
no title to be registered, 35
JOIN T OWNER,
only one may vote, 61
saving for title by descent, &c., 61
saving for rights before Act of 1884., 66
JUDGES, disqualification of, as candidates,
English judges, 382
Irish judges, 367, 374, 382
Scotch Session judges, 353
County Court judges, 376
Land judge of Ireland, 37 I
reception of election, 531
expenses of, 531
JUDICIAL OFFICE,
disqualification for, 469
defined, 582
JULY,
last day of, formerly end of qualifying period, 56
last day of, altered to fifteenth, 56
in respect to county registration, 173
JURISDICTION
of Election Court, 531
JURY,
option of, by person charged before Election Court, 491
572 INDEX.
JUSTICES OF THE PEACE
reported guilty to be dealt with, 486
JUSTIFYING SURETIES
on election petition, 544
RNARESBOROUGH,
disqualification of certain persons in, 72
LAND,
qualification by ownership of, 2
by occupation of, 62
in borough, by Act of 1884., 62
LAND COMMISSIONERS,
disqualification of, as candidates, 372
LAND JUDGE OF IRELAND,
disqualification of, as candidate, 371
LAND TAX REDEMPTION COMMISSIONERS
qualification of, as candidates, 364
LANDLORD,
payment of rates by, 46
qualification of tenant, 48
LICENSED PERSONS
reported guilty, or convicted, to be dealt with, 486
LICENSED PREMISES
not to be committee rooms, 474
LIFE, freehold for,
qualification by, must be of £5 value, 38
or actually occupied, 13
rent-charge cannot be occupied, 13
LIMITATION
for prosecution under Corrupt Practices Act, 496
LISTS,
for counties,
forms of, to be printed and sent to overseers, 75
of ownership claimants to be published, 76, 186
to be deemed voters’ lists, 77
form of list, 191
of occupation voters to be published, 187
form of list, 198
of persons objected to, 78
forms of lists, 203
delivery of, to revising barrister, 90
abstract of, 88
delivery of revised, to clerk of the peace, 99
by polling districts, 168
for boroughs,
forms of, to be printed and sent to overseers, 79
of occupation voters to be published, 80, 215
of freemen, by town clerk, 81
forms of lists, 222
of freemen’s lists, 115
INDEX. 573
L1STS-continued.
for boroughs—continued.
“Old Lodgers Lists,” 150
form of list, 263
of occupier claimants, 216
forms of lists, 229
of lodger claimants, 216
form of list, 230
of persons objected to, 83
forms of “objection lists,” 231–3.
delivery of, to revising barrister, 90
of abstracts of claim and objection lists, 88
revision of parliamentary and municipal together, 145
delivery of revised to town clerk, 100
for counties and borough8,
mode of publication of, 85
period of publication, 85
effect of imperfect publication, 86
of non-publication, 86
correction of mistake in, by revising barrister, 153
“Corrupt and Illegal Practices Lists,” 487
LOCAL GOVERNMENT BOARD,
President and Secretary qualified to sit, 381
LODGER,
qualification of, in borough, 37
in county, 59, 63
distinction between, and householder, 37
meaning of the term, 37, 55
additional lodgings, 56
successive lodgings, 56
in joint lodgings, two may be registered, 56
claim by, and registration of, 127
claim by, if already on register, 149
“Old Lodgers List,” 149, 223
form of claim of, and declaration, 200
declaration primá facie evidence, 150
LONDON, City of, r
electors may reside within twenty-five miles, 43
returns two members, 258
voting by liverymen, 402, 407
LONDON, University of,
returning officer, 425
special election rules, 425, 426
voting papers for elections in, 419, 429
LORD LIEUTENANT,
holders of office under, 360
under successor, 365
MACCLESFIELD,
disfranchisement of, for corruption, 258
of certain persons in, 72
MAGISTRATES, POLICE,
disqualified as candidates, 370, 372
Dublin, 372
MARKS OF DISTINCTION,
payments for, illegal, 473.
574 INIOEX.
MAXIMUM OF JAXPENSES,
porsonal expenses, 480
miscollancous matters, 505
maximum scale, 505
MAYOR,
returning officer, 456
MEDICAI, RIELIEF
included in parochial rolief so as to disqualify, 25
removal of disqualification, 73
MEMBERS OF HOUSE OF COMMONS,
issuing warrant ſor olection during rocess, 392, 418
MISSIONGERS
appointed by agent, 478
number allowed, 504
MIDDLESEX It EGISTRAR,
disqualification of, as candidate, 352
MINOIRS,
may not sit or vote, 5
See INITANT,
MISNOMER
of person, place, &c., not to hinder registration, 114
in rate, not to hindor, 110
MISTAKI),
in list, must be correctod by revising barrister, 153
in claim or notico of objection may be corrected, 153
MONEY
dofined, 503
MORTGAGED ISTATES,
mortgagoo may not vote, 31
mortgagor may, 31
doduction of “chargos” for qualifying value, 3
MUNICIPAI, BALI,()T IB() XES
at parliamentary electionH, 438
MUNICIPAI, IBOROUGH,
mayor of, returning officer, 464
MUNICIPAI, FRANCIIISE,
conditions of, 147
women possess, 147
lodgers do not possess, 147
effect of letting house furnished, 148
MUNICIPAL REGISTRATION,
conduct of, together with parliamentary, 145
payment of expenses of, 158
remuneration of revising barrister, 159
delivery of lists to town clerk, 159
commencement of burgoss roll, 160
conduct of in borough ceasing to be parliamentary, 170
MUSIC|
paymenth for, illegal, 473
INDEX. 575
NAVY OFFICERS
need not vacate seats, 351
NEWSPAPER,
advertisement in, of county revision court, 89
NOMINATION
to be in writing, 431
by proposer, Seconder, and eight electors, 431
mode of, and time of, 431
delivery of nomination paper, 441
form of nomination paper, 450
description of candidate, 441
public notice of yºu. nominated, 442
objections to, 44% -
disallowance final, 442
allowance may be questioned on petition, 442
candidate withdrawing, 431
forging, &c., nomination paper, 432
forms supplied to electors, 441
NON-COMPLIANCE WITH RULES
not to avoid olection, 437
NOTICE, ELECTION,
of vacancy to Speaker, 393, 417
of olection at Universities, 394
of elections to War Office, 410
of place and time of election, 440
of day of poll, 442
of withdrawal of candidature, 442
of candidates nominated, 442
notice of polling stations, 443
of result of elections, 447
additional, of election, 460
agents’ office for receiving, 478
service of, 500
of trial of election potition, 545
of abatement of petition, 549
NOTICE, PUBLIC,
in county, for claims, to bo sent in, 76
of persons claiming, 77
of persons objected to, 78
in borough as to obligation to pay rates, 79
of persons entitled to vote, 80
of freemen, 81
of persons claiming or objected to, 83
mode of publication in counties and boroughs, 85
at post and telegraph offices, 142, 165
of sittings of revision court, 89
seven days' notice sufficient, 89, 167
NOTICE, REGISTRATION,
mode of servico of 114
of objection to overseers, 77, 92
to party objected to, 78, 92
grounds to be specified, 122
in borough, 152
of rates in arrear, 126
() ATH
to be taken at poll, 404
576 INDEX.
OBJECTION
by any person on register (counties), 77
by any person on voters' list (boroughs), 82
notice of (counties), 77
grounds to be specified, 122
burden of proof on objector, 154
notice of objection must be proved, 154
OBJECTION TO NOMINATION,
returning officer to decide on, 442
disallowance final, 442
allowance may be questioned on petition, 442
OCCUPATION,
of £10 land or tenement, qualification by, 62
conditions in county, 39
conditions in borough, 17
of dwelling-house, qualification by, 59
conditions of, 35
of lodgings, qualification by, 59
conditions of, 37
of freehold for life, 13
rent-charge cannot be occupied, 13
OCCUPATION WOTER,
registration of, in counties, 165
meaning of term, 177
OCCUPIER, inhabitant,
of dwelling-house, 35
qualification of, to vote for borough, 35
for county, 59
OCCUPIER, “land or tenement,”
of £10, qualification of, 62
OFFICE,
occupation of, qualification by, 55
tenure of house by, not to invalidate vote, 60
OFFICES
for election and sub-agents, 478
OFFICES UNDER THE CROWN,
holders of, disqualified candidates, 349, 378
acceptance of, in succession, 378
OMNIBUS, PUBLIC,
not to be lent for conveyance of voters, 473
OVERSEERS,
meaning of term, 113
what they are to do in counties, 180
in order of date, 185
what they are to do in boroughs, 209
in order of date, 214
mode of serving motices on, 114
rovising barrister may fine, 101
under Act of 1878 ... 158
inquiry by, as to inhabitant occupiers, 64
preparation of lists in counties by, 76
in boroughs, 80
OWNERSHIP VOTER,
registration of, 165
meaning of term, 176
INDEX. 577
OXFORD,
disqualification of certain persons in, 72
OXFORD UNIVERSITY
vote for city by college occupation, 71
returns two members, 342
PAROCHIAL RELIEF,
disqualification by receipt of, 25
in county, 43
overseers to omit disqualified persons, 43
Supply of names to overseers, 144
by clerk to guardians, 175
to any person registered, 175
removal of disqualification for medical, 73
PARTICULARS
of grounds of objection, 122
in borough, 152
of petition, 540
PART OF HOUSE, &c.,
included in term house, 55
Separate occupation of, though other part jointly used, 55
PARTNERS,
more than two may vote for a joint occupation, 42
PAUPERS,
disqualification of, 25
And see PAROCHIAL RELIEF.
PAYMASTER-GENERAL
a qualified candidate, 371
PAYMENT
to be through agent, 478
defined, 503
persons legally employed for, 504
PEERS
disqualified from sitting, 358
and voting, 36
electing, on members becoming, 391
, Irish,
disqualification of, as candidates, 357
-, Scotch,
disqualification of, 358
PENALTIES
on defaulting officers, 401, 409
PENSIONERS,
disqualification of, as candidates, 349, 352, 378
civil and diplomatic, qualified, 379
PERJURY,
removal of incapacities on proof of, 494
PERSON
defined, 502
legally employed for payment, 504
578 INDIEX.
IPIERSONAL TEXPENSES
doſlnod, 502
PERSONATION,
approhonding porson charged with, 405
bail for, 406
compomsation on falso charge of, 407
definition of, 438, 513
appointment of personation agent, 405
agonts, 405
PETITION, ELIECTION,
by whom prosented, 522
mode of presenting, 539
form of, 540
PEW,
right to sit in, no qualification by, 3
I’LACARDS,
printor's namo on, 474
I?LACE OI!" ELECTION
in divided counties, 518
POLICE,
disqualification of, 12, 28, 34
And see CoNSTABLI).
POLICE MAGISTRATES,
disqualification of, as candidates, 370
POLL,
adjournment of, for riot, 400, 402
duration of, in boroughs, 402
questions at, 403
in what event to be taken, 431
to be takon by ballot, 431
hours of, 515
appointing day of, 442
POLI, IBOOKS,
custody of, 408, 446
POLLING AGIENT
appointed by clection agent, 478
defined, 502
POLLING DISTRICT,
completion of revision in, 168
appointment of, by local authority, 167, 434, 404
claim to voto in particular, 91
constitution of, in countios, 424, 494
in boroughs, 424, 434, 494
POLLING PLACE,
holding of rovision court at oach, 89
POLLING STATIONS OR BOOTHS
in counties, 398, 442
votors to poll at, for his district, 309
candidate to pay for, 400
limit of exponse for, 400
cost of each, 400
rooms instead of, 425
notico of, 4:13
INDEX. 579
I’OOR RATIES,
relief out of, a disqualification, 25
See PAROCIIIAL RELIII.
payment, &c., of, condition of qualification, 35
See TATI.
POST,
notice of objection may be sent by, 111
I’()STMASTER-GENERAL
qualified as candidate, 377
delivery of writs to, 394
notice of returning officer's officer to, 395
POST OFFICE,
publication of notices at, 142
as to ownorship voters, 165
POTWALLER,
qualification of, 10
meaning of torm, 11
roservation of rights of, 23
PRECEPTS,
by clerk of peace to overseers, 75
form of precept, 180
by town clerk to overseers, 79
form of precept, 208
Supplementary, in 1885. 239
as to removal of disqualification for medical relief, 73
PIRESIDING OFFICER
at poll, powers of, 437
appointment of, 443
removal from station by, 446
liability of, for misconduct, 437
returning officer may be, 447
delegation to clorks, 447
fee of, as amended, 520
PRIESTS, ROMAN CATHOLIC,
disqualified as candidates, 369
I’I:OCLAMATION,
thirty-five days between, and Parliament, 410
I’ROHIBITED PERSONS
voting, 470
porsons guilty of corrupt or illegal practice, 484
PROPERTY TAX,
non-payment of, no disqualification, 29
not a “charge ’’ to be deducted from value, 7
PROROGATION,
trial of petition to proceed, 529
PUBLICATION
of notices, &c., under IRogistration Acts, 85
on churches and chapels, 85
at post and telegraph offices, 142, 165
period of publication, 85
penalty for hindering, 86
offect of imperfect publication, 86
580 INT) [X.
I’UI}Ll () (JAIRIRIA GTS,
loan of, illogal hiring, 473
PUBLIC IIOUSES,
no poll in, 412
I’UBLI() () FFICE,
disqualification for, 469
doſlnod, 502
PUISLI () IPIROSIOUTOIR,
report to, by commissioner'H, 487
may bo hoard on withdrawal of polition, 490
to allond trial of polition, 101
his ropresentative, 492
PUBLIC IROOM,
use of, for poll, 435
QUALIRICATION OF CANDIDATES,
See also I) IHQUALI iſ ICATION Ol' (JANDi DATIH.
Commissionors of tho Troasury, 346, 366
Land Tax IRodemption ()ommissionors, 364
I’resident of tho Hoſurd of 'I'rado, 308
Socrotary of Board of Trade, 378
(Jouncil of tho Admiralty, 369
I’aymastor-General, 371
First (Jommissionor of WorkH, 373
Vice-Presidont of Council of Iðducation, 373
Tostmaster-Gonoral, 377
I'inancial Socrotary of War Oſſico, 380
Oſllc.ors of Bank of Ingland, 353
QUALITICATION OF ELECTORS
in county, by ownership, 2, 38
by occupation, 62
of dwolling-house, 59
of lodgings, 59
in borough, by occupation, 62
of dwolling-houso, 35
of lodgings, 37
as froomon, 21
as scot and lot voter, &c., 23
QUESTIONS AT THE POLI,
ropoal of, with oxcoptions, 403
QUESTIONS INESEIRVII)
by Illection (Jourt, 528
ItATIES, POOIR,
paymont, &c., of, condition of rogistration, 17
of £10 borough occupier, 17
of £10 county occupier, 39
of borough inhabitant occupior, 35
of county inhabitant occupier, 59, 63
(lato of paymont of, 33
payment of, by landlord, offoct of, 48
corrupt paymont of, bribory, 44, 226
whom poor rate mado, 49
RATING AO'I'S,
mouning of, in Act of 1884,.64
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582 INDEX.
RESERVED RIGHTS,
under Reform Act, 1832. 23
of freemen, 22
voters by, list of, preparation of, 148
form of, 223
under Representation of the People Act, 1884., 66
RESIDENCE,
meaning of torm, 38
qualification by, for “borough occupation franchise,” 18
must be within seven miles, 18
or twenty-five from city of London, 43
measurement of distance, 32
of freemen, 21
of persons having reserved rights, 23
of inhabitant occupiers, 35
of lodgers, 37
RETURNING OFFICER,
in municipal boroughs, 464, 517
in boroughs not municipal, 397, 516
in parliamentary borough becoming municipal, 428
in divided boroughs, 517
at Universities, 411
casting vote of, 432
to provide necessaries for election, 436
expenses of, 436, 481
amendment of expenses of, 520
direction of Writs to, 411
must not act as agent, 427
deputy, in divided counties, 436
to prosecute for personation, 439
payments to, by candidates, 457
security required by, 458
bill of charges, 458
reduction of amount in uncontested election, 516
taxation of charges, 459
scale of charges, 460
summary of election expensos, 484
breach of duty by, 500
action against for misfeasance, 111
for neglect to return, 536
RETURN OF EXPENSES,
contents of, 481
supplementary, 482
open to inspection, 484
form of, 508
RETURNS,
double, forbidden, 389
book of, kept by Clerk of Crown, 389
making, 447
REVENUE COLLECTORS,
enfranchisement of, 46
REVISING BARRISTERS,
appointment of, by judges, 86, 243
to be in July or August, and during circuit, 86
number of as fixed by Order in Council, 134
Order in Council fixing, 135
qualification of, seven years' standing, 138
special provisions for 1885. 240
appointment by judge in chambers, 240
INDEX.
REVISING BARRISTERS–continued,
powers and duties of, 153, 167
substitute for, 88
remuneration of, 104
for municipal revision, 159
evening sittings of, in boroughs, 134
in counties, 167
appeal from, by case, 94
by rule, 161
See APPEAL.
disqualification of, as candidates, 87
RIBBONS,
payments for, illegal, 473
RIOT,
adjournment of poll for, 400, 402
by presiding officer, 437
ROLL
of election petition agents, 537, 550
ROMAN CATHOLICS
qualified as candidates, 369
priests disqualified, 369
ROTA
of election judges, 525, 554
RULE
to compel revising barrister to state case, 161
RULES
of Ballot Act, 440
have effect of Act, 439
effect of non-compliance with, 437
RULES OF COURT
made for petitions, 530, 498
SANDWICH,
disfranchisement of, for corruption, 258
disqualification of certain persons in, 72
SAVINGS,
under Reform Act, 1832. .23
under Representation of the People Act, 1867. .44
under Representation of the People Act, 1884..66
SCHOOL,
use of, for poll, 435
not to be committee room, 474
SCHOOL BOARD, -
corrupt practice at election of, disqualification by, 53
SCHOOL FEES, tº
relief from, no disqualification, 54
SCOTCH OFFICES
disqualifying candidates, 367
SCOTLAND, Ministers of Church of,
disqualified candidates, 362
584 INDEX.
conveyance of voters by, 495
SEAT, Vacation of,
on accepting office under Crown, 350
saving for army and navy officers, 351
for yeomanry and Irish volunteer officers, 364
for English officers, 376
for militia officers, 364
for Scotch militia officers, 364
SECRECY,
poll clerks, &c., to maintain, 433
statutory declaration of, 448
form of, 452
SECRETARY FOR SCOTLAND
qualified as candidate, 387
SECRETARY OF STATE,
fifth, disqualified as candidate, 374
SECURITY
required by returning officer, 458
SEPTENNIAI, ACT,
continuance of Parliament by, 391
SERVICE,
tenure of house by, not to invalidate vote, 60
address for, petitioner's, 541
of notice, 542
substituted, 542
SERVICE OF DOCUMENT
of requisition for names of occupiers, 64
of notice of objection, 78, 82
through the post, 111
of notices generally on overseers, 113
through the post, 113
SERVICE, PUBLIC,
contracts for, disqualify, 355
Saving for companies, 356
SHERIFF,
returning officer in boroughs where vacancy, 412
SHERIFFS, SCOTCH,
disqualification of, as candidates, 354
SHOP,
occupation of, qualification by, 17
SHORTHAND WIRITER
at trial of election petition, 529
SIGNATURE
of list by overseers, 76
of claimants, 77
of notice of objection, 78
in counties, 82
of revising barrister to each page of list, 94
SOLDIERS
to remain in quarters at election, 409
may go out to vote, 409
saving for Queen's guards, &c., 410
INI) EX. 585
SOLICITORS
reported guilty to be dealt with, 486
on withdrawal of petition to make affidavit, 490
privilege of, 499
SPEAKER
issues warrant for election during recess, 386, 391, 418
report of withdrawal of petition to, 490
defined, 522
SPECIAL CASE
stated by Election Court, 527
SPOILT BALLOT PAPER,
what is, 444
STAGE CARRIAGES,
loan of, illegal hiring, 473
STREETS,
lists and registers may be arranged according to, 149
STUDIO,
occupation of, qualification by, 55
SUB-AGENTS
appointed by election agents, 477
office of, 480
SUBPOENA,
form of, for election petition, 546
SUBSTITUTED PETITIONER
on withdrawal, 532
SUCCESSIVE OCCUPATION,
qualification by, in borough, 19
in divided borough, 72
qualification by, in county, 42
of lodgings in same house, 56
SUMMARY
of return of election expenses, 484
SUMMARY CONVICTION
before Election Court of corrupt or illegal practice, 485, 491
before justices of the peace, 497
appeal against, 497
SUMMARY JURISDICTION ACTS,
application of, 497
Summary jurisdiction defined, 501
TABLES
of Qualifying Acts, 1
of Registration Acts, 74
of Election Acts, 388
of Election Petition Acts, 521
of Acts disqualifying candidates, 345
of parliamentary counties and boroughs, 393
TAXATION
of returning officer's charges, 459
TENDERED BALLOT PAPER,
what is, 444
586 INDEX.
*-***-*.*w---------- - - -, * - - - -
TENEMENT,
“Land or Tonoment,” meaning of, 67
qualification by occupation of, 62
in county or borough, 62
qualification by ownership of, in county, 2, 3
TESTE,
time between, and return, 390
TIME,
reckoning, under Dallot Act, 448
for presenting potition alloging illegal practice, 488
TITIII. IRENT-CHARGE,
qualification by, 60
TOWN CLERK,
moaning of, in Registration Acts, 113, 130
in London and Westminster, 103
where more municipal boroughs than one, 236
general instruction to as to registration, 200
to issue precepts to overseers, 79
form of procopt, 208
date of issuing precept, 171
supplemental in 1885. .239
as to modical relief, 73
to publish list of froomen, 81
overseers to deliver lists to, 83
revising barrister to notify appointment to, 88
and receive abstract, &c., of lists from, 88
rovising barrister to give notice of Courts to, 89
to publish notice of IRovision Courts, 89
to attend first Revision Court, 90
and deliver lists to rovising barristor, 90
may be made respondent on appeal, 96
on consolidated appeal, 97
order on, for costs, 161
delivery of revised lists to, 100, 159
arrangement of register by, 100
delivery of register to returning officer, 100
in the year 1885. 241
sale of register by, 100
defraying oxpensos of, 102, 128
recovery of cxponsos by, 131
TRADE, BOARD OF,
President, a qualified candidate, 368
Secretary, a qualified candidate, 378
TREASURY, COMMISSIONERS OF THE,
qualified, 366
TREATING,
definition of, 466
candidates only liable for, undor Act of 1854. , 66
other persons liable undor Act of 1883.. 66
vote struck off ſor, 439
is “corrupt practico,” 467
TRIAL OF I’ISTITION,
de die in diem, 491
mode of, 525
notice of 526, 545
adjournment of, 527, 546
place of 526
postponing, 545
bofore two judges, 554
INDEX. 587
UNDUE INFLUENCE
at election, definition of, 467
includes spiritual influence, 467
is “corrupt practice,” 467
voto struck off for, 439
UNIVERSITIES,
voting by voting papers at, 419, 429
declaration by voter, 420, 422
declaration of identity, 422
substituted form, 429
Ballot Act does not apply to, 440
Oxford and Cambridge, voting at, 71
Iondon, returns one member, 42
who are electors, 42
cloction in, 394, 411
duration of poll in, 411
polling stations at, 411
VAOCINATION
not parochial relief, 34
VALUE, QUALIFYING (Borough),
of house or building, &c., £10. .62
VALUE, QUALIFYING (County),
of freehold, 408., 2
meaning of terms, 3
may be made up of parcels, 3
of property held for life of owner, £5. .38
of leasehold £5. .38
of occupation, £10. , 60
“$50 rental voter,” 14
VOLUNTEER OFFICERS,
need not vacate seats, 376
VOTE,
to be by ballot, 431
form of ballot paper, 451
need not be disclosed by voter, 437
must not be disclosed by officer, 433
casting, of returning officor, 432
to be struck off for bribery, treating, or influence, 439
VOTES,
counting of, 445
officer must maintain secrecy at, 433
VOTING -
by prohibited persons, 470
VOTING PAPER,
voting by, at university elections, 419, 429
form of voting paper, 422 -
of declaration by party tendering voting paper, 429
WAGES,
non-deduction of, for absence from work to vote, 519
not to be corrupt practice, 519
WAREHOUSE,
occupation of, qualification by, 17
588 INDEX.
WAR-OFFICE,
Financial Secretary of, a qualified candidate, 380
WARRANT
for contempt of Election Court, 547
WEST INDIAN COMMISSIONERS
disqualified as candidates, 373
WIFE
may give evidence, 497
WITHDRAWAL
of objection to registration, 152
notice must be given, 152
forms of notice, 205, 234
of candidature, 431, 442
corrupt, illegal payment, 473
publishing false statement of, 470
corrupt, from candidature, 473
of petition, 490, 532
WITNESSES, -
parties to be competent in penal actions, 416, 497
obliged to answer incriminating questions, 499
summoning, before Election Court, 531
expenses of, 532
WOMAN
a disqualified candidate, 347
disqualified for parliamentary franchise, 36
though forty-shilling freeholder, 3
name to be expunged by revising barrister, 153
may not appeal, 95
name to be expunged on scrutiny, 436
disqualified from sitting in Parliament, 347
qualified for municipal franchise, 147
WORKS, FIRST COMMISSIONER OF,
a qualified candidate, 373
in Ireland disqualified, 371
WRIT FOR ELECTION,
time between teste and return of, 390
mode of conveyance of, 394
to sheriffs in London and Middlesex, 394
others to Postmaster-General, 395
offices for delivery of writs, 395
in London, Westminster, and Southwark, 396
form of, 449
YEOMANRY OFFICERS
need not vacate Seat, 364
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