Digitized by tine Internet Arciiive in 2007 witii funding from IVIicrosoft Corporation littp://www.arcliive.org/details/completeelectionOOpricricli COMPLETE ELECTION GUIDE: THE REFORM ACT, 2WM. IV. CHAP. XLV. DISSECTED, ARRANGED, AND ILLUSTRATED BY A COMMENTARY ON ITS VARIOUS PROVISIONS, WITH REFERENCE TO THE GENERAL HaiD antt K^vattitt of mtcUonfit DIRECTING ELECTORS, CANDIDATES, AND OFFICERS, IN THE PROSECUTION AND EXERCISE OF THEIR RIGHTS, AND THE PERFORMANCE OF THEIR DUTIES. WITH THE BOUNDARY ACT, 2 ^ 3 W. 4, c. 64. BY GEORGE PRICE, ESQ. OP THE TEMPLE, BARRISTER AT LAW. LONDON: JAMES RIDGWAY, PICCADILLY. 1832. ^i V ?" It is an observation proved by a great number of presidents, that never any good bill vt^as preferred, or good motion made in Parlia- ment, whereof any memoriall was made in the Journall Book, or otherwise, though sometimes it succeeded not at the first, yet hath it never died, but at one time or other hath taken effect ; which may be a great encouragement to worthy and industrious attempts. 4th Institute, p. 32. LONDON: C. nOWORTH AND SONS, BEIL YARD, TEMPLE BAR. PREFACE. It may be proper and of use to apprise the Reader of the object and design of the present publication of an Edition of the Reform Act, — as the statute £ W. 4. c. 45. " To amend the Representation of the People in England and Wales," (its proper title,) — is commonly and conventionally called. The object is to render the reading of that statute more readily intelligible and more easily legible generally; but particularly to the official agents required by the Act to administer to its ope- ration, and to such persons as may be interested in the provisions and would avail themselves of the benefits of this Law. The means by which it has been attempted to accomplish that object are principally these: — Every division (by Section) of the Statute has been again separately dissected and broken, by aid of paragraphs, into the several distinct and often dif- ferent enactments contained or embodied in each, with a marginal sum of the substance of every integral provision opposed to each enacting or providing clause. a2 248189 IV PREFACE. Appended to the Act so dissected and displayed is an analytical Commentary, embracing, compre- hensively and succinctly, the principles and practice of the new Election Law, with a minute reference to every sentence of the statute, calculated to es- tablish the accuracy or expose the errors of the explanatory passages. The Commentary is composed of propositions for guidance in practice, made up of the various and often numerous provisions, applying to one and the same subject, found scattered in disjointed and distant clauses of the Act, but here collected together and united and arranged under the proper head or topic to which each fairly belongs.^ Thus the several Sections of the Commentary are confined to single subjects, following progres- sively, yet not servilely and inconsequently, the provisions of the Act, but as each step is to be taken in order of time, from the first necessary to registration down to the last measure required to mature the right to exercise the Elective Fran- chise, and the course of appealing from the adju- dication of the revising barrister to the House of Commons. The several pages of the Act are all headed with a running title of the substantial matter of the con- tents of each, and the statute and the Commentary • For example, in stating the first Qualification of Voters for Knights of Shires, numbered 1 in page 12, the incidents positive and negative are supplied from no less than five several Sections of distinct provisions in different parts of the Act. PREFACE. V are made to refer mutually to and from each other, wherever on the one hand the treatise explains or expounds the Sections of the Act, and where on the other the Commentary is sanctioned and jus- tified by the terms of the Statute. The mere wording of the Statute has been ad- visedly varied, and other language has been used, with a view to explain and enlarge the meaning of the Legislature, instead of coasting cautiously along each separate enactment in the very course and in the very terms of the Act. In executing the design of this undertaking bre- vity has been mainly consulted. The Act itself is given at large and in full, lest any omission should give to that most inestimable work the semblance of an abridgment ; or the forms and Schedules and the provisions merely temporary and no longer of use would have been omitted. Respect for authority has induced the preserva- tion of the Directions to Overseers from the Office of Secretary of State for the Home Department. The Order in Council making a temporary alter- ation in the dates of the proceedings for the present year, has however been excluded ; because it is but temporary and has already partly passed away ; and because the change it has effected may be stated and disposed of in one sentence, simply by ob- serving that the times appointed by the statute for every act of duty required at the hands of official agents have been, for the year 1 832, postponed to the VI PREFACE. same numerical days of the month next after that which had been appointed for each. The short forms prescribed have been introduced into the body of the analytical Commentary, al- though printed as originally in the Act; because, occupying as they do but very little space, they convey too much practical information to be re- ferred to in a distantly detached Appendix. To the new Law promulgated by the Act has been added the substance of the existing Laws of Election, preserved by express provision. That has been done to make this compendium a com- plete guide to general election business in all its progressive stages. Such is the substance of the plan and object of the present publication, in which the practical utility of a dissection of the Act, aided by a com- mentary on its application, for the purposes of election business, has been alone consulted. Of the principle and political character of the radical change effected by the passing of this law, in the long-rooted practice and system of returning members to Parliament, various sentiments have been from time to time expressed, as interest, or prejudice, or reason, has alternately dictated, but the supporters of the measure have obtained a very large majority of the suflfrages of the nation, and it is sufficient to say the measure has been carried. The Bill, on which this Act of Parliament is founded, has been denounced by some as an attack PREFACE. Vll upon the constitution of the Country — an invasion on corporate rights — and the first overt act of a cherished design to effect a revolution in the State of the Kingdom. But now that it is become the Lex scripta of the Land, it behoves us all, as good Subjects, to believe that it is no further an attack upon the constitution of the Country than every necessary sanative medi- cament is to a certain extent and for a given time an attack upon the natural constitution of Man, of which, knowing the temporary nature of the imme- diate disorder occasioned by the remedy, it would be puerile and perversely peevish to complain. Amputation and pruning are corporate invasions, but submission to such invasions on corporate rights is often a most necessary sacrifice to the soundness of the state of the body or to the fructification which gives worth and utility to existence. In this instance, moreover, the decayed limbs of the tree here se- vered from the trunk, have been replaced by en- grafting on the parent stock other and more vigorous shoots of most auspicious promise. If the new Law be truly characterised as re- volutionary, let us hope that it portends no other than such as is that planetary revolution of the Earth, made necessary by the benignant laws of Nature to its permanent preservation — a revolution where- by it derives from the solar influence and power an equal distribution of the common good of light and heat shed liberally and impartially amongst all who inhabit therein — and as that secures to the terres- VIU PREFACE. tial body the maintenance of a due position in its proper sphere, may this preserve to the body politic of the Country the high station and pro- sperous course it has long sustained in the political system of the Nations of Europe. Some unavoidable but well-meant remarks,* * Frbm repugnance to the ungracious task of pointing oat defective or apparently deficient provisions in this Statute, the writer has abstained, even more than warranted by the exigencies of the duty he has thus volunteered, from so irksome a part of its performance. It may however lead to a material amendment, to direct attention to the two first of the three non obstante Sections, (24, 25, 26,) re- strictive of the right of voting in respect of property' in the election of Knights of the Shire, in order to eftect the removal of all ground for cavil — no mean desideratum — in the constructive operation of this generous act of Parliament. The first of those clauses may perhaps be said to have negatived that right, without any modification or exception, where the qua- lifying freehold property of the elector is a house (&c.) in any borough of such value as would qualify him for voting for the borough, provided he should acquire tlie right to vote for such borough not by occupation but in the other respects required by the Act, (that is, should qualify himself fov voting by registtiing the property, &c. for such borough,) whether he shall have done so or not. It is much to be feared that this clause will be contended, not without some show of reason, or at least of plansibility, to exclude the owners of all freehold houses, &c. in boroughs, and of land held and occupied therewith, whether occupied or not b^' the owner, inasmuch as it was at any time and at all times competent to him to qualify himself in respect of such houses, and to acquire, if he had thought proper to do so, a right of voting for the city or borough by means of the four qualifying requisites made necessary to his com- petency by the four provisions of the 27th Section of the Statute, that is, by occupying it, (&c.) If that be so, what becomes of the operative effect of the clause entitling freeholders, &c. in county towns and cities, generally, to vote for Knights of those Shires which topographically include them ? This is the more inconsistent with the general provisions of the Act, as if on the other hand the freehold property should not be of sufficient value, or the owner should have an insufficient estate therein to give him a right to vote in a borough, town or city, or city county, the owner may then vote for a knight of a county or shire in PREFACE. rX savouring of objection to the construction of parts of the Act, which has been very unequally, though respect of a qualification declared to be insufficient to qualify for a town. The oversight, if there be any, seems to be in not sufficiently at- tending to the effect of using the word occupy. In the qualifying clause (Section 27) occupation is made necessary to qualification, and registration to voting. In the first of the four restrictive pro- visoes, previous duration of occupation is made necessary to regis- tration; occupation being so made a condition of qualification, there is no provision that property in habitable premises or buildings, situ- ate in boroughs, &c., not occupied by the owner, shall qualify for counties, where the owner occupies another habitation or place of business in the borough, which would qualify him for that borough. Thus occupation, which was clearly meant to be only (amongst others) a condition entitling an occupier to regisration, will be at- tempted to be made the means of barring the right of an owner not occupying to be registered in respect of the same property. This will be put on the ground that had he occupied he might have registered, hut that not having occupied, he is not qualified to register, and not being qualified to register as he might have, but has not made him- self by actual occupation, he has not acquired, as he could have done, the right of voting for the particular borough, and therefore shall not vote for either borough or county in right of that particular property. Now the question will be, whether such exclusion from county election of members was meant or is enacted by the legislature or not? In the case of copyhold and leasehold property the exclosion is still more clear and much more comprehensive. The 25th section, as to copyholders and leaseholders, very con- siderably extends the disqualifying enactment of the 24th, for it does not even require that the property being a house, (&c.) in a borough, in respect of his estate or interest in which the owner is to be qualified for a borough, and therefore shall not vote for knights of the shire, shall be " occupied by himself," as the preceding clause does; but it goes also much further in another very material respect, by providing that such property shall not confer a qualification on the owner or entitle him to vote at elections for members of shires if it be such as would (or might) according to the provisions of the act (s. 27,) confer a right of voting for the city or borough in which it should be, on him or on any other person, whether he or such other person shall or shall not have qualified himself to vote for such borough. The consequence would be that no copyhold or leasehold property X PREFACE. for the most part admirably drawn, will be found to occur in the Commentary. These have been necessarily, though reluctantly, made, where the imperfect wording of clauses has either been in- adequate to the obvious purpose of the framers of the Bill, or has obscured their meaning even to thfe danger of defeating the intention of the authors of the measure. It could not be within the reach of hope, still less of expectation, that on such a subject, so Co- lossal, a law should emerge at once a perfect Chry- solite complete in all its parts and most minute proportions. In this first detail of the practical means and uses of the projected amendment, there are omis- sions of necessary matter and an occasional ob- scurity in some of the provisions which have been introduced that must be regretted ; but these may be yet amended when experience shall have shown the evil and dictated the remedy. The necessity of a revision of the fabric for the situate in any city or borough or other place sending a member or members to serve in parliament, can qualify by estate a voter for a knight of the shire if he (the owner) do not occupy it himself, nor does it qualify him to vote for a candidate for parliament in respect of such propert}' any where, whether the place be county, city, or borough. The question will be, again, whether this distinction, or the opera- tive effect of it was foreseen and meant or not ? It appears to be unreasonable, and if so should be remedied, as it easily may be by simply providing that the first of the four restrictive provisions shall not operate to disqualify, as a consequence of omitting to register, clearly meant to apply only to and to result from the other three. If this cavil should hold, it will very largely disqualify — and pro- bably much more so than was intended. PREFACE. XI restructure of defective parts in the mere masonry of this legislative Pyramid, is widely acknowledged : and to this end the urgent recommendation of a great and staunch friend of Reform in his day may here be aptly cited as matter of wholesome sug- gestion. Alluding to the necessity of some reformation in the existing System of the Law, to which, with all its imperfections, no man could be more sincerely attached than that devout venerator of the legal in- stitutions of his Country — the learned Lord Coke thus concludes with a religious reverence the colo- phon of his laboured Treatise on the Constitution of our Courts. Having most ably delineated the detailed proportions of the fair but faulty Pile, he says, ** I shall heartily desire the wise-hearted and ex- pert builders (justice being architectonica virtus) to amend both the method or uniformity, and the struc- ture itselfe, wherein they shall finde either want of windowes or sufficient lights, or other deficiency in the architecture whatsoever. And we will conclude with the aphorisme of that great lawyer and sage of the law, which we have often heard him say, — * Blessed be the amending hand.* Deo Gloria Sf Gratia." CONTENTS. Page. THE REFORM ACT i to Ixxxvii COMMENTARY 1 to 141 • CHAPTER I. Introductoht? 1 CHAPTER II. Division of the Subject 6 CHAPTER III. Of Qualification. Section 1. — Restriction and Extension of Qualification for Right of Voting 9 Section 2. — Qualification (by Estate) conferring a Right to vote at the Election of Candidates for Counties, and Cities or Towns being Counties V2 Section 3. —Qualification for cities and Towns, being Corporate Counties 18 CHAPTER IV. QUAUnCATIONS FOR VOTING IN CiTlES AND BoROUGHS. Section 1. — Borough Qualifications, entitling Persons to vote in the Election of Members to serve in Parliament for Cities or Boroughs generally 20 Section 2. — Old Chartered Qualification (permanent.) 21 Section 3. — Borough Qualification (ancient, temporary, and personal.) 22 b XIV CONTENTS, Vigt. CHAPTER V. Duties of Overseers, &c. Section 1. — Lists (of Voters for Coanties) to be made out by Overseers, from Notices of Claims; for Boroughs, 6cc. by Overseers and Town Clerks, Clerks of Livery Companies, and Returning Officers of London 24 Section 2. — Borough Lists to be made by Overseers and Town Clerks 35 Section 3. — Framing the London list of Voters 47 CHAPTER VL Of the Froceeqinos necessary to effect the Voter's Registra- tion.— S. 38. Section 1 49 •Section 2. — Acts of Parties necessary (in prosecuting their claim to vote) for effecting the registration of their names and qualifications 51 Section 3. — In Boroughs 55 Section 4i. — In London 56 CHAPTER VU. Oejecting (to Enlistment Voters) by Claimants op Right op Voting — (Counties). Section 1. — Objecting by Persons claiming or listed as Voters to the Title of others to vote or be enlisted amongst Voters . . 58 Section 2. — Objecting to City and Borough Voters generally . . 61 Section 3. — Objecting in London to Parties in Livery Lists. . . 63 CHAPTER VIII. Objection to Voters on ground of Personal iNCAPAcrtY or Incompetency 66 Section 2. — Objections from other incidental Causes denying to Parties the Right to Registration for Counties only 72 CONTENTS. XV Page. Section 3. — Objections ou Incompetencv to vote for Counties from incidental Causes, where Party is already registered 72 Section 4. — Objections of personal Incompetency to vote for Cities and Boroughs for want of Right to Registration .... 73 Section 5. — Objections to Voting distinguished from Objections to being registered 73 CHAPTER IX. Revisal op Lists of Voters, Appointment and Business op Re- vising Barrister, and the Holding of his Courts. Section 1. — ^Revising Barristers— Objects, Course, and Business of Revisal 77 Section 2. — Power of Appointment in the Chief Justices and Senior Judges on Circuits 78 Section 3. — Establishment of Courts, Duties and business of revising Barristers therein as to Lists of Voters for Counties 79 Section 4. — Revising Barrister's first Court for Counties 81 Section 5. — Objections by Electors, and Adjudication thereon 83 Section 6. — Correcting Mistakes in supplying Omissions of matter from County Lists 85 Section 7. — Adjudication of Claims of Persons omitted 86 Section 8. — Duties of Revising Barristers and Business of Courts for Boroughs 87 Section 9. — Power of Adjournment, &c. (general.) 88 CHAPTER X. Result of Revisal and Effect of Decision 93 CHAPTER XI. The Registers. Formation of Registers of Electors to vote at Elections in the Choice of a Member or Members to serve in Parliament for Counties, and Divisions of Counties, Cities and Boroughs. . . 95 XVI CONTENTS. CHAPTER XIL ^''*' Candidates for Representation of the People in Parliament, AND their Qualification. Section 1. — Candidates 99 Section 9. — QualificatJoD of Candidates 100 Section 3. — Disqualifications for sitting in Parliament as Mem- bers of the House of Commons lUS CHAPTER XIII. AtrrBORmr for and Preliminaries to General Election . . 106 CHAPTER XIV. Polling Votes. Section 1. — Commencement and Conduct of Polls for Election of Members for Counties 108 Section 2. — Commencing and Conduct of Poll at Elections for Corporate Counties, or Cities and Towns being Counties and Corporate Towns, or other Cities and Boroughs 112 Section 3. — Exception of Monmouth and contributory Boroughs of Wales, and Special Provisions respecting 1 14 Section 4. — Provisions as to certain Boroughs 115 Section 5.— Polling (generally) — Oaths under Reform Act and other Statutes to be administered to Electors 116 Section 6. — Adjourning the Poll in case of violent Obstruction of Proceedings 119 Section7. — Final Close of Poll, Declaring State of Poll, and Proclaiming Members chosen ISO CHAPTER XV. Retorn to be made by Sheriffs and their Deputies, and other Returning OpncERa, of Members to serve in Parliament. Section 1.— Returning OflBcers 121 Section «.— The Return , 123 CONTENTS. XVll CHAPTER XVI. "*** Of P£titionihc^jwgaik6t Return or Election of Members. Section 1.— Right of |*etilJon conferred or reserved by the 60th Section of the 2 W. 4, c. 45 125 Section 2. — Nature and Ground-work or Foundation of Peti- tions to the House of Commons against undue Retams .... lot Section 3. — Summary of Course of Practice in Proceeding on Petitions t.S3 Section 4. — Select Committee 135 Section 5. — Trial of PeHliou 1 J6 Section 6. — Hearing 1 ;>G Section 7.— Report 1.J7 CHAPIER XVII. Penalty of of'^OO by Action against ah. Pehsons having Act TO DO OR DirriM to perform under this Statute contra vemno ITS Provisions — Exceptions from Statute — Clause or Inter- pretation — Concluding Sections. Section, 1 — Penal Clause 139 Section 2. — Exceptions from Operation of Act 1 i<> Sections. — ^Interpreting Proviso and concluding Clauses .... 1 ]0 BOUNDARY ACT 143 INDEX of Principal Matters : 257 INDEX of Places 287 ERRATA. P. xxxii. n* line 4, for " him" read " them." lines 6 and 7, transpose words " direction" and " dis- cretion." P. 62 line 7, for " 16th" read " 15th Sept." P. XXX. line 4 from bottom, for " p. 80," read " 82." P. 44, lines 10, 15, after October, add •' hereafter September." P. 9, line 17, for " magis" read " majus." THE REFORM ACT, 2 WM. IV. CHAP. XLV. An Act to amend the Representation of the People in England and ^Vales. [7th June, 1832.] WfIEREAS it is expedient to take effectual mea- preamble: sures for correcting divers abuses that have long Correction prevailed in the choice of Members to serve in the sappressfol^ Commons House of Parliament, — to deprive many Jf decayed inconsiderable Places of the right of returning Mem- creation of bers, — to grant such privilege to large, populous, and "thers— ex- ' o 1 & & ' r r ' tension of wealthy 1 owns, — to mcrease the number oi Knights franchise— of the Shire,— to extend the elective Franchise to e^Jen^j."^ ''^ many of His Majesty's Subjects who have not heretofore enjoyed the same, — and to diminish the expense of Elections ; Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and con- sent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the authority of the same. That each of the Boroughs enumerated in the Schedule marked (A.) to this Act annexed, (that is to say,) Old Sarum, Newtown, St. Boroughs to Michael's or Midshall, Gatton, Bramber, Bossiney, Meraberrto"* Dunwich, Jjudgershall, St. Mawes, Beeralston, West Parliament. Looe, St. Germain's, Newport^ Blechingley, Aldboroughj b 11 RESTRICTION OF RIGHT OF BOROUGHS SCHED. B. 2 w. 4, c. 45. Camelford, Hindon^ East Looe, Corfe Castle, Great Bedwin, Yarmouth, Queenborough, Castle Rising, East Grinstead, Higham Ferrars, Wendover, Weobly, Win- chelsea, Tregony, Haslemere, Saltash, Orford, Calling- ton, Newton, Ilckester, Boroughbridge, Stockbridge, New Romney, Hedon, Plympton, Seaford, Heytesbury, Steyning, Whitchurch, Wootton Bassett, Downton, Fowey, Milborne Port, Aldeburgh, Minehead, Bishop^s Castle, Okehampton, Appleby, Lostwithiel, Brackley, and Amersham,* shall from and after the end of this present Parliament cease to return any member or members to serve in Parliament. Certain H. That cach of the boroughs enumerated in the to%eturn One Schedule marked (B.) to this Act annexed, (that Metnberoniy. is to Say,) Petersfield, Ashburton, Eye, Westbury, Wareham, Midhurst, Woodstock, Wilton, Malmes- bury, Liskeard, Reigate, Hythe, Droitwich, Lyme Regis, Launceston, Shaftesbury, Thirsk, Christchurch, Horsham, Great Grimsby, Calne, Arundel, St. Ives, Rye, Clitheroe, Morpeth, Helston, North Allertofi, * The List in Sched. A. is given in alphabetical order, for the convenience of reference. Sched. A. Boroughs to cease to re- turn mem- bers to Par- liament. Aldhorough, York. Aldeburgh, Suff. Araershara, Buck. Appleby. Bedwin (Great). Beeraiston. Bishop's Castle. Bletchingley. Boroughbridge. Bossiney. Brackley. Bramber. Callington. Camelford. Castle Rising. Corfe Castle. Downton. Dunwich. East Grinstead. East Looe. Fowey. Gatton. Haslemere. Hedon. Heytesbury. Higham Ferrers. Hindon. llchester. Lostwithiel. Ludgershall. Milburne Port. Minehead. Newport. New Romney. Newton. Newtown (Hants). Okehampton. Old Sarura. Orford. Plympton. Queenborough. St. Germain's. St. Mawe's. St. Michael's, or Midshall. Saltash. Seaford. Steyning. Stockbridge. Tregony. Wendover. Weobly. West Looe. Whitchurch. Winchelsea. Wootton Basset. Yarmouth (Isle of Wight). CREATION OF NEW BOROUGHS SCHED. C. Wallingford, and Dartmouth,* shall from and after the 2 w. 4, c. 45. end of this present Parliament return one member and no more to serve in Parliament. III. That each of the places named in the Sche- New Bo- dule marked (C.) to this act annexed, (that is to aftef to^^e-* say,) Manchester, Birmingham, Leeds, Greenzuich, Shef- tjm '^"^0 field, Sunderland, Devonport, Wolverhampton, Tower Hamlets, Finshury, Mary-le-bone, Lambeth, Bolton, Bradford, Blackburn, Brighton, Halifax, Macclesfield, Oldham, Stockport, Stoke- upon-Trent, and Stroud f 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 Parhament, 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. * Alphabetical List of the Boroughs in Sched. B. Arundel. Horsham. Reigate. Schedule B. Ashburton. Hythe. Rye. Boronghs to return One Calne. Launceston. St. Ive's. Member unly. Christchurch Liskeard. Shaftesbury. (Hants.) Lyme Regis. Thirsk. Clitheroe. Malmesbury. Wallingford. Dartmouth. Midhurst. Wareham. Droitwich. Morpeth. Westbury. Eye. North Allerton. Wilton. Grimsby (Great.) Petersfield. Woodstock. Helslon. t Alphabetical List of the Boroughs } in Sched. C. Birmingham. Halifax. Sheffield. Schedule C. New Bo- roughs to Blackburn. Lambeth. Stockport. Bolton. Leeds. Stoke-upon-Trent. return Two Bradford. Macclesfield. Stroud. Members. Brighton. Manchester. Sunderland. Devonport. Marylebone. Tower Hamlets. Finshury. Oldham. Wolverhampton. Greenwich. b2 iv NEW BOROUGHS — (ONE MEMBEr). 2 w. 4, c. 45. IV. That each of the places named in the Sche- New Bo- dule marked (D.) to this act annexed, (that is to aftefto*!?-^" ^^y') ^shton-under-Lyne, Bury, Chatham, Chelten- tnrn One ham, Dudley, Frome, Gateshead, Huddersfield, Kidder- Member. minster, Kendal, Rochdale, Salford, South Shields, Tynemouth, Wakefield, Walsall, Warrington, Whitby, Whitehaven, and Merthyr Tydvil, shall for the pur- poses 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 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 (D.) shall from and after the end of this present Parliament return one member to serve in Parliament. o?Sh^reham' ^' ^^at the borough of New Shoreham shall for Crickiade, ' the purposcs of this act include the whole of the andSt Ret- '^pc of Bramber in the county of Sussex, save and ford shall in- exccpt such parts of the said rape as shall be included adjacenTdTs" ^^ the borougli of Horsham by an act to be passed tricts. for that purpose in this present Parliament ; and that the borough of Crickiade shall for the purposes of this act include the hundreds and divisions of High- worth, Crickiade, Staple, Kingshridge, and Malmsbury in the county of Wilts, save and except such parts of the said hundred of Malmsbury as shall be included in the borough of Malmsbury by an act to be passed for that purpose in this present Parliament; and that the borough of Aylesbury shall for the purposes of this act include the three hundreds of Aylesbury in the county of Buckingham; and that the borough of East Retford shall for the purposes of this act include the hundred of Bassetlaw in the county of Nottingham, and all places locally situate within the outside boundary or limit of the hundred of Basset- law, or surrounded by such boundary and by any EXTENT OF CERTAIN BOROUGHS. V rt of the county of Lincoln or county of York. 2 w. 4, c. 45. See Sect. 69.] VI. That the borough of Weymouth and Melcomhe Weymouth Regis shall from and after the end of this present co^be^Regis Parliament return Two Members, and no more, to to retura Two serve in Parliament ; and that the borough of Penryn Jniy,^|" shall for the purposes of this Act include the town of Falmouth; and that the borough of Sandwich shall for the purposes of this Act include the parishes of Deal and Walmer, VII. That every city and borough in England Boundmei which now returns a member or members to serve JorouSrfn in Parliament, and every place sharing in the elec- England to tion therewith, (except the several boroughs enume- ^® *^"'«*'- rated in the said Schedule (A.), and except the several boroughs of New Shoreham^ Crichlade, Ayles- bury^ and East Retford,) 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 incorporation Parliament, which Act, when passed, shall be deemed "kai^lSl^ and taken to be part of this Act as fully and effectu- ally as if the same were incorporated herewith. [See Boundary Act.] VIII. That each of the places named in the first Places in column of the Schedule (E.) to this Act annexed, J^^e^a share shall have a share in the election of a member to in Elections serve in all future Parliaments for the shire-town or [owns! **^"^*" borough which is mentioned in conjunction therewith, and named in the second column of the said Sche- dule (E.) [See Sect. 32, (p. xx.) 74 (lix.)]. IX. That each of the places named in the first Boundaries column of the said Schedule (E.), and each of the tStlXnA shire-towns or boroughs named in the second column pjaces in of the said Schedule (E.), and the borough oi Brecon,* settled.*" ^^ » S. 74. VI CONTRIBUTORY BOROUGHS. 2 w. 4, c. 45. g|,all 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 boun- daries 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. Swansea, ' X. That each of the towns of Swansea, Loughor^ Neathr' Neath, Aberavon, and Ken-Jig shall for the purposes tnd'Ke*"fi °^ ^^'^ ^^^ include the place or places respectively to form One which shall be comprehended within the boundaries EieS^""* of each of the said towns, as such boundaries shall thereof not to be Settled and described by an Act to be passed for member for ^^^^ purposc in this present Parliament, which Act, Carfiiff. 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 Parhament, 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 right accruing in any of the said five towns, shall have any vote in the election of a mem- ber to serve in any future Parliament for the borough of Cardif, S^'he'r"**" XI. That the persons respectively described in ing officers'^ the said Schedules (C.) and (D.) shall be the return- borou^hr^ ing officers at all elections of a member or members to serve in Parliament for the boroughs in conjunc- tion with which such persons are respectively men- tioned in the said Schedules (C.) and (D.); and that for those boroughs in the said Schedules for which no persons are mentioned in such Schedules Temporary ap- as returning officers, the sheriff for the time being of s^hyrTfli.*"^ ^ the county in which such boroughs are respectively situate shall, within two months after the passing of RETURNING OFFICERS FOR NEW BOROUGHS. Vll this Act, and in every succeeding respective year in 2 W. 4, c. 45. the month of March^ by writing under his hand, to be deUvered 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 Quaiitication. 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 impediment, the sheriff for the time being shall on notice thereof forthwith nominate and appoint in his stead a fit per- son, being so resident as aforesaid, to be, and such person so nominated and appointed shall accordingly Exemption. 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 return- ing officer for any borough, shall after the expi- ration of his office be compellable at any time there- after to serve again in the said office for the same borough: [See Commentary, p. 121, 122.] Provided always, that no person being in holy or- Who disqua- ders, nor any churchwarden or overseer of the poor eJ^fptlJ^fVom within any such borough, shall be nominated or being] to he appointed as such returning officer for the same ; ^officerl^ and that no person nominated and appointed as re- turning officer for any borough now sending or here- after to send members to Parliament shall be ap- pointed a churchwarden or overseer of the poor therein during the time for which he shall be such returning officer : [See Commentary, p. 122.] Provided also, that no person qualified to be Who exempt, elected to serve as a member in Parliament shall be compellable to serve as returning officer for any borough for which he shall have been nominated and appointed by the sheriff as aforesaid, if within one week after he shall have received notice of his nomi- nation and appointment as returning officer he shall make oath of such qualification before any justice of VIU WHO EXEMPTED FROM BEING RETURNING OFFICERS. 2 w. 4, c. 45. the peace, and shall forthwith notify the same to the sheriff: ^ncateofxn. P^ovided also, that in case His Majesty shall be the''ma''or&c P^^^^^^i ^^ grant His Royal Charter of Incorporation rSmin*'''f ^^ ^"^ ^^ ^^^ boroughs named in the said Schedules ficer. '' (C.) and (D.) which are not now incorporated, and shall by suck charter give power to elect a mayor or other chief municipal officer for any such boroughf 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 hereinbefore contained with regard to the nomination^nd appointment of a returning officer for such borough shall thenceforth cease and deter- mine. Six knights of XH. That in all future Parliaments there shall be Yorkshh-eT ^^^ knights of the shire, instead of four, to serve for two for each the county of York, (that is to say,) two knights for " *"^' each of the three ridings of the said county, to be elected in the same manner, and by the same classes and descriptions of voters, and in respect of the same several rights of voting, as if each of the three ridings were a separate county ; and that the court for the election of knights of the shire for the North riding of the said county shall be holden at the city of York, and the court for the election of knights of the shire for the West riding of the said county shall be holden at Wakefield, and the court for the election of knights of the shire for the East riding of the said county shall be holden at Beverly. ofThe^Shift*' ^^^^' That in all future Parliaments there shall for Lincoln- be four knights of the shire, instead of two, to serve foMhVparts ^^^ *^^ county of Lincoln, (that is to say,) two for of Lindsey, the parts of Lindsey in the said county, and two for t^*'en''Ind^'' ^^^ P^^^^ ^^ Kcstcven and Holland in the same Holland. county ; and that such four knights shall be chosen in the same manner, and by the same classes and descriptions of voters, and in respect of the same several rights of voting, as if the said parts of Lindsey were a separate county, and_the said parts ofKesteven FOUR MEMBERS FOR LINCOLNSHIRE. IX and Holland together were also a separate county; 2 W. 4, c. 45. and that the court for the election of knights of the shire for the parts of Lindsey in the said county shall be holden at the city of Lincoln^ and the court for the election of knights of the shire for the parts of Kesteven and Holland in the said county shall be holden at Sleaford. XIV. That each of the counties enumerated in Certain coun- the Schedule marked (F.) to this act annexed shall ^^^^J^ ^^^^^ be divided into two divisions, which divisions shall retnm' Two be settled and described by an act to be passed for S" Shire'for that purpose in this present Parliament ; which act, each division, 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 in all future Parliaments there shall be four knights of the shire, instead of two, to serve for each of the said counties, (that is to say,) two knights of the shire for each division of the said counties ; and that such knights shall be chosen in the same manner, and by the same classes and descriptions of voters, and in respect of the same several rights of voting, as if each of the said divisions were a separate county; and that the court for dec- court for the election of knights of the shire for each Shi'/e.^"'^'"* division of the said counties shall be holden at the place to be named for that purpose in the act so to be passed as aforesaid, for settling and describing the divisions of the said counties. XV. That in all future Parliaments there shall be Certain coun- three knights of the shire, instead of two, to serve xhreeknlghts for each of the counties enumerated in the Schedule of the Shire. marked (F. 2.) to this act annexed, and two knights of the shire, instead of one, to serve for each of ths counties of Carmarthen , Denbigh, and Glamorgan. XVI. That the Isle of Wight in the county of isie of Wight Southampton shall for the purposes of this act be a Hlmp^hire!" county of itself, separate and apart from the county to return a' of Southampton, and shall return one knight of the ^^^ ^^' shire to serve in every future Parliament ; and that b5 X COUNTIES TO BE DIVIDED — SCHED. F. 2 w. 4, c. 45. 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 elec- tions. Towns which XVII. That for the purpose of electing a knight orthemseives or kuights of the shire to serve in any future Par- te be included liament, the East riding of the county of York, the in adjoining -vti-t ^i ° n tr t"^ ^ i* counties for North ridmg oi the county oi York, the parts oi elections. 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.)* [See Commentary, p. 19.] Limitation on XVIII. That no person shall be entitled to vote vodng for in the election of a knight or knights of the shire to counties and gervc in any future Parliament, or in the election for cities be- „ . -^ . ' . _ ing counties ot a member or members to serve in any future i*n^respect^of' Parliament for any city or town being a county of freeholds for itsclf, in rcspect 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. Exception of exccpt sucli pcrsou shall be in the actual and bona fide occupation of such lands or tenements, [See Commentary, p. 4, 9, 12, 13, 14.] or except the same shall have come to such person • But this must be taken subject to the exception of persons having a possible right to vote in the city under Sec. 24 and 25 : or it may be questionable whether by the operation of this clause the corporate rights of returning members, as counties, is not merged in the new privilege. This, if it be a question, is a serious one. LIMITATION OF QUALIFICATION. — EXCEPTIONS. XI by marriage, marriage settlement, devise, or promo- 2W.4, c.45. tion to any benefice or to any office, [See Com- Exception of MENTARY, p. 13.] '•"♦^• or except the same shall be of the clear yearly Exception of 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 : [See Commentary, p. 14.] Provided always, that nothing in this Act contained Proviso saving shall prevent any person now seised tor his own life, on condition of or for the life of another, or for any lives whatso- ever, of 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 re- spective 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 according to the respective provi- sions hereinafter [Sects. 26, 37.^ contained. — [See Commentary, p. 14.] XIX. That every male person of full age, and Right of vot- not subject to any legal incapacity, who shall be JfeVeVtenSed seised at law or in equity of any lands or tenements to copyhow- of copyhold or any other tenure whatever except ^'^** freehold,* 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 Ten Pounds over and above all rents and charges payable out of or in respect of the same, shall be entitled to vote in the election of a knight or knights of the shire to * There is a singular incongruity between the disqualifying Section 18, and the qualifying Section 19, in that the 10/. life freeholder is qualified by being excepted out of the first, and disqualified by being also excepted out of the last. This may create difficulty, and certainly requires amendment. The words " except freehold" should be omitted, as freeholds of that value of this quantity of estate are not meant to be excepted. " Other than freehold" is obviously meant ; but in law as in logic and in the language, the terra eicept has an gxc/uc?/n^ operation. la fact, as before observed, it is by an exception that this qualifica- tion in respect of such freehold estate is saved. xu EXTENSION OF RIGHT OF VOTING FOR 2W.4, C.45. 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. [See Commentary, p. 14, 15.] / Right of vot- ing in coun- ties extended to leasehold- ers and occu- piers of pre- mises of cer- tain value above charges. Term, or resi- due of term, of not less than 60 years, of yearly value of not less than 10/. Not less than ao years, of annual value of not less than 601. Occupying as tenant at a bona fide rent of not less than 501. Proviso that sub-lessee, or his assignee, shall be in actual occupa- tion. XX. That every male person of full age, and not subject to any legal incapacity, who shall be entitled, either as lessee or assignee, to any lands or tene- ments, whether 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 ten pounds over and above all rents and charges payable out of or in respect of the same: [See Commentary, p. J 5.] or for the unexpired 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 : [See Commentary, p. 16.] or who shall occupy as tenant any lands or tene- ^lents for which he shall be bona 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. [See Commentary, p. 17.] 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.* [See Commentary, p. 16, 17.] y* * This Proviso in effect disqualifies such persons from voting for counties where the premises consist partly of a house, &c. in a borough, under the 24lh and 25th Sections. A ~r ^. A': COUNTIES TO COPYHOLDS AND LEASEHOLDS, &C. xiii XXI. And be it declared and enacted, That no 2W-4, c.45. public or parliamentary tax, nor any church rate, what not to county rate, or parochial rate, shall be deemed to Jj^r^lf^*^ be any charge payable out of or in respect of any lands or tenements within the meaning of this Act. XXII. That in order to entitle any person to vote County voters in any election of a knight of the shire or other ass^essed\o^ member to serve in any future Parliament, in respect ^^^ ^^nd tax. of any messuages, lands, or tenements, whether free- hold or otherwise, it shall not be necessary that the same shall be assessed to the land-tax ; any statute to the contrary notwithstanding. XXIII. That no person shall be allowed to have Provision as i any vote in the election of a knight or knights of and'^SSr? Jt the shire for or by reason of any trust estate or gagees* ^\ mortgage, unless ^ch trustee or mortgagee be in actual possession or receipt of the rents and profits of the same estate, but that the mortgagor or ces- tuique trust in possession shall and may vote for the same estate notwithstanding such mortgage or trust. [See Commentary, p. 17, 18.] XXIV. That notwithstanding any thing herein- No person to before contained no person shall be entitled to vote county'in re- in the election of a knight or knights of the shire to JP**^^ ?J ^"y serve in any future Parliament in respect of his house, &c. estate or interest as a freeholder in any house, ware- Jiro"eif which house, counting-house, shop, or other building occu- would confer pied by himself,* or in any land occupied by himself J^JoJ^gJ^"^ * 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 there- with, of such value as would, according to the pro- visions 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 • Omitting the words " or on any other person," introduced into the next Section. XIV RESTRICTION OF RIGHT OF VOTING — COUNTIES. 2 W. 4, c. 45. for such city or borough in respect thereof. [See Commentary, p. 12 to 18.] No person to XXV.* That notwithstanding any thing hercinbe- vote for a ^ , . , i i, V *^ • i r county in re- lorc Contained, no person shall be entitled to vote in taTn cm'?-'^ the election of a knight or knights of the shire to HOLDS and scrve in any future Parliament in respect of his a bo?ough/" estate or interest as a copyholder or customary which might tenant, or tenant in ancient demesne, holding by fo"r*voting in copy of court roll, or as such lessee or assignee, or sach borough, as such tenant and occupier as aforesaid, in any house, warehouse, counting-house, shop, or other building, or in any land occupied together with a 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 herein- after contained, confer on him or on any other person the right of voting for any city or borough, whether he or any other person shall or shall not have actually acquired the right to vote for such city or borough in respect thereof. [See Commentary, p. 14 to 18.] PosaesMon XX Vl.f That notwithstanding any thing hereinbe- thne, an/* forc Contained no person shall be entitled to vote in "^^f ntTaY*to' ^^^ election of a knight or knights of the shire the right of to serve in any future Parliament unless he shall lounL^^^^ HAVE BEEN DULY REGISTERED according to the provi- sions hereinafter contained ;'^ — and that 7io 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 tenant in ancient No person to demcsnc, unless he shall have been in the actual unie^sf'heThaii posscssion thercof, or in the receipt of the rents iifs^qSca-^' and profits thereof for his own use, for six ca- tion a given ^^,.^_<-'^"'~~" * These two clauses might have been more properly and ad- vantageously blended. f This and the two preceding Sections form the three non- obitante clauses of the Act ; the two first imposing conditions on the right of voting, the third on the right of registering. t S. 37, 38. QUALIFICATION FOR RIGHT OF VOTING — BOROUGHS. XV lendar months at least next previous to the last 2 w. 4, c. 45. (lajTof July in such year ; which said period of six period previ- calendar months shall be sufficient/ any statute to ^^* '^«j.'J>«^»^| the contrary notwithstanding : which hV?e- and that no person shall be so registered in any quires to be year in respect of any lands or tenements held by "^^^^ him as such lessee or assignee, or as such occupier and tenant as aforesaid, unless he shall have been in the actual possession thereof, or in the receipt of the rents and profits thereof for his own use, as the case may require, for twelve calendar months next pre- vious to the last day of July in such year : Provided always, that where any lands or tene- Exception in ments, which would otherwise entitle the owner, perty coming holder, or occupier thereof to vote in any such elec- ^y (descent, tion, shall come to any person, at any time within such respective periods of six or twelve calendar months, by descent, succession, marriage, marriage settlement, devise, or promotion to any benefice in a church, or by promotion to any office, such person shall be entitled in respect thereof 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. [See Commentary, p. 12 to 20.] XXVII. That in every city or borough which Boroughs. ^ shall return a memxber or members to serve in any Right of future Parliament, every male person of full age, roughVto be and not subject to any legal incapacity, who shall enjoyed by • •^•^ ^ ^ occuDicrs of occupy, within such city or borough, or within houses, &c. any place sharing in the election for such city or yain'^e^ofToT* borough, as owner or tenant, any house, warehouse, counting-house, shop, or otl^er^ building being, either separately, or jointly with alnynand within such city, borough, or place occupied therewith by him as owner, or occupied therewith by him as te- nant under the same landlord, of the clear yearly reqisxra. value of not less than ten pounds, shall, if duly tion ^ required. * i. e. To have his name and qualification registered. XVI CONDITIONS OF REGISTRATION 2W.4,c. 45. REGISTERED according to the provisions hereinafter contained, be entitled to vote in the election of a member or members to serve in any future Parlia- ment for such city or borough : Tiraeofoccn- Providcd always, that no such person shall be so S*twefvT' registered in any year unless he shall have occupied wonths. ^ gy^i^ premises as aforesaid for twelve calendar months next previous to the last day of July ifi such year : No occupier iffor unless such person, where such premises "are rate?to"th?^ situate in any parish or township in which there shall poor rate. 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 : Rates and nor unless such person shall have paid, on or before mu?t*be S! *^^^ twentieth day of July in such year, all the poor's rates and assessed taxes which shall have become pay- able from him in respect of such premises previously to the sixth day of April then next preceding: Residence Provided also, that no such person shall be so also required, registered in any year unless he shall have resided for six calendar months next previous to the last day of July in such year within the city or borough, or within the place sharing in the election for the city or borough, in respect of which city, borough, or place respectively he shall be entitled to vote, or r, within seven statute miles thereof or of any part "^ tWeof. {See Commentary, p. 20 to 23.] Provision as XXVIIl. That the premises in respect of the to premises occupation of which any person shall be entitled to occupied 10. . ^ . , . 1 • \ ^ ^' succession, be registered m any year, and to vote m the election for any city or borough as aforesaid, shall not be required to be the same premises, but may be dif- ferent premises occupied in immediate succession by such person during the twelve calendar months next previous to the last day of July in such year, such person having paid, on or before the twentieth day of July in such year, all the poor's rates and assessed taxes which shall previously to the sixth IN CITIES AND BOROUGHS. XVU day of April then next preceding have become pay- 2 w. 4, c. 45. able from him in respect of all such premises so occupied by him in succession. [See Commentary, p. 21.] XXIX. That where any premises as aforesaid, in As to joint any such city or borough, or in any place sharing in °""P'^"' the election therewith, shall be jointly occupied by more persons than one as owners or tenants, each of such joint occupiers shall, subject to the condi- tions herein-before contained as to persons occupy- ing premises in any such city, borough, or place, be entitled to vote in the election for such city or bo- rough, in respect of the premises so jointly occu- pied, in case the clear yearly value of such premises shall be of an amount which, when divided by the number of such occupiers, shall give a sum of not less than ten pounds for each and every such occu- pier, but not otherwise. [See Commentary, p. 21.] XXX. That in every city or borough which shall Occupiers return a member or members to serve in any fu- ^^be rated! ture Parliament, and in every place sharing in the election for such city or borough, it shall be lawful for any person occupying any house, warehouse, counting-house, shop, or other building, either se- parately, or jointly with any land occupied there- with by him as owner, or occupied therewith by him as tenant under the same landlord, in any parish or township in which there shall be a rate for the relief of the poor, to claim to be rated to the relief of the poor in respect of such premises, whether the landlord shall or shall not be liable to be rated to the relief of the poor in respect thereof; and upon such occupier so claiming and actually paying or tendering the full amount of the rate or rates, if any, then due in respect of such premises, the overseers of the parish or township in which such premises are situate are hereby required to put the name of such occupier upon the rate for the time being; and in case such overseers shall neglect or refuse so to do, such occupier shall nevertheless XVm QUALIFICATION OF VOTERS — BOROUGHS. 2 w. 4, c. 45. for the purposes of this Act be deemed to have been rated to the relief of the poor in respect of such premises from the period at which the rate shall have been made in respect of which he shall have so claimed to be rated as aforesaid : Provided always, that where by virtue of any Act of Parliament the landlord shall be liable to the payment of the rate for the relief of the poor in respect of any premises occupied by his tenant, nothing herein contained shall be deemed to vary or^. discharge the liability of such landlord ; but that iiVil case the tenant who shall have been rated for such ' premises in consequence of any such claim as afore- said shall make default in the payment of the poor's rate due in respect thereof, such landlord shall be and remain liable for the payment thereof in the same manner as if he alone had been rated in respect of the premises so occupied by his tenant. [See Sect. 26, and Commentary, p. 5Q.^ Provision as XXXI. That in evcry city or town being a Jjjtin^g for^*" county of itself, in the election for which freeholders cities and or burgage tenants, either with or without any su- collnties^of^ pcraddcd qualification, now have a right to vote, themselves, every such freeholder or burgage tenant shall be entitled to vote in the election of a member or members to serve in all future Parliaments for such city or town : [See Commentary, p. 18, 19.] Condition of PROVIDED HE SHALL BE DULY REGISTERED accord- ing to the provisions hereinafter contained; [See Sect. 26, and Commentery, p. 18 to 23.] .^^ Previous po- But that HO such persou shall be so registered in.^ session neces- , ^_ r. t_ i j i sary to regis- any year m respect ot any ireehold or burgage tene- ment, unless he shall have been in the actual pos- session 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 Exception. year, (except where the same shall have come to him, at any time within such twelve months, by descent, succession, marriage, marriage settlement, devise, or promotion to any benefice in a church, or to any office :) [See Commentary, p. 18 to 23.] CONDITIONS OF REGISTRATION — EXCEPTIONS. XIX Nor unless he shall have resided for six calendar 2 w. 4, c. 45. months next previous to the last day of July in such sis months' year within such city or town, or within seven statute necSy to miles thereof or of any part thereof : [See Com- "-egistraiion. MENTARY, p. 18 tO 23.] Provided always, that nothing in this enactment f/g%'*{*je'8 for contained shall be deemed to vary or abridge the 'jfe or uves in , • ^ n ^ !• 1-1 county towns. provisions herem-beiore 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: [See sect. 18, and Commentary, p. 18.] Provided also, that every freehold or burgaffe to extend to ,., , .*' ., 1 °° freeholds tenement which may be situate without the present wuhin the new limits of any such city or town being a county of thouerh without itself, but within the limits of such city or town, as °''* '""***' the same shall be settled and described by the Act to be passed for that purpose as herein-before men- tioned, 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 man- ner as if such freehold or burgage tenement were situate within the present limits thereof. XXXII. That every person who would have been ^' ®' ^' '** entitled to vote in the election of a member or mem- to'^vote^Si"^ bers to serve in any future Parliament for any city boroughs, un- or borough not included in the Schedule marked &c! "^^^ (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 : [See Commentary, p. 21 to 23.] Provided such person shall be duly registered ac- proviso as to cording to the provisions hereinafter contained ; and coSons. [See Commentary, p. 22.] But that no such person shall be so registered in Qualification any year, unless he shall, on the last day of July in juiy*L if ih°at such year, be qualified in such manner as would enti- of^'eiectfoa' tie him then to vote if such day were the day of elec- tion, and this Act had not been passed, nor [or] unless, where he shall be a burgess or XX CONDITIONS OF REGISTRATION 2 w. 4, c. 45. freeman or freeman and liveryman of any city or bo- rough, he shall have resided for six calendar months next previous to the last day of July in such year within such city or borough, or within seven statute miles* from the place where the poll for such city or borough shall heretofore have been taken : nor unless, where he shall be a burgess or freeman of any place sharing in the election for any city or borough, he shall have resided for six calendar months next previous to the last day of July in such year within such respective place so sharing as afore- said, or within seven statute miles of the place men- tioned in conjunction with such respective place so sharing as aforesaid and named in the second column of the Schedule marked (E. 2.) to this Act annexed: [See Commentary, p. 21, 22, 23.] Residence for ♦ Places from which the seven miles are to be calculated, places in ,,,.,, J ' Wales. alphabetically arranged. Aberavon. . . .The Bridge over the Avon. Aberystwith..The Bridge over the Rheidal. Adpar The Bridge over the Teivi. Caergwrley ..The Parish Church of Hope. Caerwis The Parish Church. Conway The Parish Church. Cowbridge . . .The Town Hall. Criccieth The Castle. Holt The Parish Church. Ken-fig The Parish Church of Lower Ken-fig. Kevinleece . . .The Parish Church. Knighton . . . .The Parish Church. Knucklas . . . .The site of the ancient Castle of Cnweglas. Llantrisseut . .The Town Hall. Lampeter.. . .The Parish Church. Loughor The Parish Church. Neath The Town Hall. Nevin The Parish Church. Newport The Market Place. Overton The Parish Church. Pwllheli The Guildhall. Rhayder ... .The Market Place. Rhyddlan . . .The Parish Church. Ruthin The Parish Church called St. Peter's. Swansea The Town Hall. Tenby The Parish Church. Usk The Town Hall. Wiston The Parish Church. IN CITIES AND BOROUGHS — EXCEPTIONS, XXI Provided always, that no person who shall have 2 w. 4, c. 45. been elected, made, or admitted a burgess or free- ~ man since the first day of March one thousand eight freemelTcre- hundred and thirty-one, otherwise than in respect of ated since birth or servitude, or who shall hereafter be elected, March, i83i. made, or admitted a burgess or freeman, otherwise than in respect of birth or servitude, shall be entitled to vote as such in any such election for any city or borough as aforesaid or to be so registered as afore- said: [See Commentary, p. 21, 22.] Provided also, that no person shall be so entitled Exception, as a burgess or freeman in respect of birth unless his right be originally derived from or through some person who was a burgess or freeman, or enti- tled to be admitted a burgess or freeman, previously to the first day of March in the year one thousand eight hundred and thirty-one, or from or through some person who since that time shall have become or shall hereafter become a burgess or freeman in respect of servitude: [See Commentary, p. 23.] Provided also, that every person who would have provision as been entitled, if this Act had not been passed, to ^^ the free- vote as a burgess or freeman of Swansea, Lougkor, sea°Lou^or, Neath, Aberavon, or Ken-Jig, in the election of a ^^^^^'. •^^*^" member to serve in any future Parliament for the Ken-fig. borough of Cardiff^, shall cease to vote in such elec- tion, and shall instead thereof be entitled to vote as such burgess or freeman in the election of a member to serve in all future Parliaments for the borough composed of the towns of Swansea, Loughor, Neath, Aberavon, and Ken- fig, subject always to the provi- sions herein-before contained with regard to a bur- gess or freeman of any place sharing in the election for any city or borough. XXXIII. That no person shall be entitled to vote Reservation in the election of a member or members to serve in of other rights any future Parliament for any city or borough, save bo7oughs.*° and except in respect of some right conferred by this Act, or as a burgess or freeman, or as a freeman and liveryman, or, in the case of a city or town be- XXll DISQUALIFICATION OF VOTERS 2W.4, C.45. ing a county of itself, as a freeholder or burgage tenant, as hereinbefore mentioned: [See Commen- tary, p. 21,22,23.] Retainer of Provided always, that every person now having a col^men8''u^rate right to vote in the election for any city or borough ofq'uauikaiioD, (cxccpt 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 men- tioned, 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; rausthavebeen but that uo sucli pcrsou shall be so registered in of iSiy "uaif-'^ any year unless he shall, on the last day of July in Js?f that we7e' such year, be qualified as such elector in such man- the^dayofeiec jjgj. ^g ^^^j^j g^title him then to vote if such day were the day of election and this Act had not been passed : [See Commentary, p. 22.] Residence, nor [or] unless such person, where his qualification &c.reqnired. ^\^^\\ \yQ {j^ ^ny 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 bo- rough, or within seven statute miles from the place where the poll for such city or borough shall here- tofore 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, or within seven statute miles of the place mentioned in conjunction with such re- spective place so sharing as aforesaid, and named in the second column of the Schedule marked (E. 2.) to this Act annexed: [See Commentary, p. 21.] IN CITIES AND BOROUGHS. (EXCEPTION.) XXiH Provided nevertheless, that every such person 2 w. 4, c. 45. 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 successive years from the Register of such voters for such city or borough omission from hereinafter directed to be made ; — unless he shall have jSdestroTs** been so omitted in consequence of his having re- "^'*'' ceived parochial relief within twelve calendar months Exception. next previous to the last day of July in any year, or in consequence of his absence on the naval or mili- tary service of his Majesty. [See Commentary, p. 67.] XXXIV. That every person now having a right Provision as to vote for the borough of New Shoreham, or of JJ^^j P^g^'JJ'^jg^ Cricklade, Aylesbury, or East Retford, respectively, to vote for in respect of any freehold, wheresoever the same 1,3*^^^ crS- may be situate, shall retain such right of voting, iaT • T notice of claim. mserted m any hst of voters tor such county, ridmg, parts or division so to be made out as aforesaid: [See Commentary, p. 58 to 0)5.'] and every person so objecting (save and except Person* object overseers objecting in the manner hereinbefore men- mJst'drsomi tioned) shall, on or before the twenty-fifth day of ^ugulr ''"' August in the present and in every succeeding year, give or cause to be given a notice in writing accord- c2 XXViii OBJECTING TO VOTERS (COUNTIES) LISTS. 2 w. 4, c. 45. ing to the Form numbered 4, in the said Schedule Notice &c. to (^')f ^^ ^^ ^^^ 1^^^ effect, to the overseers who shall l^e^eers, and havc made out the list in which the name of the per- son so objected to shall have been inserted: [See Commentary, p. 59.] Notice to par- and the person so objecting shall also, on or before les, an orm. ^j^^ tweuty-fifth day of August in the present and in every succeeding year, give to the person objected to, or leave at his place of abode as described in such list, or personally deliver to his tenant in occupation of the premises described in such list, a notice in writing according to the Form numbered 5, in the said Schedule (H.), or to the like effect: [See Commentary, p. 59, 69.] Lists of per- and the overseers shall include the names of all to by'^t'hird^** persons SO objected to in a list according to the Form parties to be numbered 6 in the said Schedule (H.), and shall published, ^ause copies of such list to be fixed on or near the doors of all the churches and chapels within their parish or township, or if there be no church or chapel therein, then to be fixed in some public and conspicuous situation within the same respectively, on the two Sundays next preceding the fifteenth day of September in the present and in every succeeding year: [See Commentary, p. 33, 61.] Copies to be and the overseers shall likewise keep a copy of i'nspec?ionl'*''"^ the uamcs of all the persons so objected to, to be perused by any person, without payment of any fee, at all reasonable hours during the ten days next pre- ceding the said fifteenth day of September in the present and in every succeeding year. [See Com- mentary, p. 32.] Lists of coun- XL. That on the twenty-ninth day of August in b^ fomarded ^^^ present and in every succeeding year, the over- to the clerks sccrs of cvcry parish and township shall deliver the through^the^ list of votcrs SO made out as aforesaid, together with high consta- a written statement of the number of persons objected to by the overseers and by other persons, to the Jbigh constable or high constables of the hundred or other like district in which such parish or township is situate: [See Commentary, p. 33.] APPOINTMENT OF REVISING BARRISTERS. XXIX and such high constable or high constables shall 2W. 4,c.45. forthwith deliver all such lists, together with such jj; j^ ^^^^ statements as aforesaid, to the clerk of the peace of stables to de- the county, riding, or parts : [See Commentary, 33.] '*'^" **'^™' who shall forthwith make out an abstract of the Abstract of number of persons objected to by the overseers and revUai?"* ^^""^ by other persons in each parish and township, and transmit the same to the barrister or barristers ap- pointed as hereinafter mentioned, to revise such lists, in order that the said barrister or barristers may fix proper times and places for holding his or their courts for the revision of the said lists. [See Com- mentary, p. 32, 82.] XLI. That the Lord Chief Justice of the Court Judges of of King's Bench for the time being shall, in the month barrisJersr' of July or Augusti in the present and in every sue- who shall ceeding year, nominate and appoint for Middlesex, [fJsTf county and the senior judge for the time being in the commis- voters. sion of assize for every other county shall, when travelling the Summer circuit, in the present and in every succeeding year, nominate and appoint for every such county, or for each of the ridings, parts, or divisions of such county, a barrister or barristers to revise the lists of voters in the election of a knight or knights of the shire: [See Commentary, p. 78.] and such barrister or barristers so appointed as Duties of such aforesaid shall give public notice, as well by ad- NotJcTtobe vertisement in some of the newspapers circulating ^^^^^^""^ **'* within the county, riding, parts, or division, as also by a notice to be fixed in some public and conspi- cuous situation at the principal place of election for the county, riding, parts, or division, (such last- mentioned notice to be given three days at the least before the commencement of his or their circuit,) that he or they will make a circuit of the county, riding, parts, or division for which he or they shall be so appointed, and of the several times and places at which he or they will hold courts for that pur- Period for pose, such times being between the fifteenth day of '^^^'*'°"- September inclusive and the twenty-fifth day of October inclusive in the present and in every sue- XXX ATTENDANCE ON COURT OF REVISAL BY OFFICERS. 2 W. 4, c. 45. If two barris- ters for one place, to hold separate courts. No such bar- rister eligible for that place to parliament for 18 months. No member of parliament, or barrister hold- ing office under the crown, to be appointed. No barrister so appointed eli- gible to serve in parliament till IS months after appoint- meat. Clerk ©f the peace and overseers to attend before the barristers, who shall re- tain on the county lists all names not objected to, and shall ex- punge those whose qualifi- cation, if ob- jected to, shall not be proved. Overseers to attend court, and answer questions on oath. Names to be retained. ceeding year, and he or they shall hold open courts for that purpose at the times and places so to be an- nounced; [See Commentary, p. 80.] and where two or more barristers shall be ap- pointed for the same county, riding, parts, or divi- sion, they shall attend at the same places together, but shall sit apart from each other, and hold separate courts at the same time for the despatch of business : [See Commentary, p. 81.] Provided always, that no member of Parliament, nor any person holding any office or place of profit under the crown, shall be appointed such barrister, and that no barrister so appointed as aforesaid shall be eligible to serve in Parliament for eighteen months from the time of such his appointment* for the county, riding, parts, or division for which he shall be so appointed: [See Commentary, p. 78, 103.] XLII. That the clerk of the peace shall, at the opening of the first court to be held by every such barrister for any county, or for any riding, parts, or division of a county, produce or cause to be produced before him, the several lists of voters for such county, riding, parts, or division, which shall have been de- livered to such clerk of the peace by the high con- stables as aforesaid : [Commentary, p. 80.] and the overseers of every parish and township who shall have made out the lists of voters shall attend the court to be held by every such barrister at the place appointed for revising the lists relating to such parish or township respectively, and shall also deliver to such barrister a copy of the list of the persons objected to, so made out by them as afore- said ;t and the said overseers shall answer upon oath all such questions as such barrister may put to them or any of them touching any matter necessary for revising the lists of voters ; [Commentary, p. 80.] and every such barrister shall retain on the lists of voters the names of all persons to whom no ob- jection shall have been made by the overseers, or by ♦ The word appointment here means office, as it may be, and is often used in that sense. t p. xxvii}. s. 39. REVISAL OF LISTS BY BARRISTERS. XXXI any other person, in the manner hereinbefore men- 2 w. 4, c. 45. tioned ; and he shall also retain on the list of voters the J^^y Pf^*^«» name of every person who shall have been objected overseers ob- to by any person other than the overseers, unless the iheSves! oV party so objecting shall appear by himself or by some tiTi?behaff, to one on his behalf in support of such objection; support ihem. and where the name of any person inserted in if objection the list of voters shall have been objected to by the rr8\e*r"o ex-*"^" 1 ,1 • . 1 punge name. overseers, or by any other person, m the manner hereinbefore mentioned, and such person so objecting shall appear by himself or by some one on his behalf in support of such objection, every such barrister shall require it to be proved that the person so objected to was entitled on the last day of July then next pre- ceding to have his name inserted in the list of voters in respect of the qualification described in such list ; and in case the same shall not be proved to the Title not satisfaction of such barrister, or in case it shall be fo^be '"*™^ proved that such person was then incapacitated by expunged, j any law or statute from voting in the election of members to serve in Parliament, such barrister shall expunge the name of every such person from the said lists : [See Commentary, p. 85.] and he shall also expunge from the said lists the Power to name of every person who shall be proved to him to [akes^nd'* be dead ; and shall correct any mistake which shall be spppiy omis- proved to him to have been made in any of the said H^^^ lists as to any of the particulars by this Act required to be inserted in such lists ; and where the Christian name of any person, or his place of abode, or the nature of his qualification, or the local or other de- scription of his property, or the name of the tenant in the occupation thereof, as the same respectively are required to be inserted in any such list, shall be wholly omitted therefrom, such barrister shall ex- punge the name of every such person from such list, unless the matter or matters so omitted 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: [See Commentary, p. 8.5.] XXXll LISTS OF VOTERS FOR CITIES AND BOROUGHS. 2 w. 4, c. 45. Provided always, that no person's name shall be Proviso that cxpunged from any such list, except in case of his exp"un?ed''ex- death or of his being objected to on the margin of S^o^rlb-*' the list by the overseers as aforesaid, or except in ifs'ts^,'lr"htre ^^^^ ^^ ^^Y ^uch omission or omissions as hereinbe- ^on"unTs'r ^^^^ ^^^t mentioned, unless such notice as is herein- been givYif bcforc rcquircd in that behalf shall have been given to the overseers, nor unless such notice as is here-^ inbefore required in that behalf shall have been given^ to such person, or left at his place of abode, or deli-^ vered to his tenant as hereinbefore mentioned. [See^^ Sect. 52, and Commentary.] -^ Barrister to XLIII. Provided also. That if it shall happen that tolnse?tTn ^^Y P^^^ou who shall havc given to the overseers of the county any parish or township due notice of his claim to names^of ^^Lve his name inserted in the list of voters in the claimants election of a knight or knights of the shire shall have thIJ' overseers hccn Omitted* by such overseers from such list, it claim and*^*^ shall be lawful for the barrister, upon the revision of qualification, such list, to insert therein the name of the person so Where persons omittcd, in casc 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 next preceding to be inserted in the list of voters in the election of a knight or knights of the shire for the county, or for the riding, parts, or division of the county, wherein the parish or township of such overseers may be situate, in respect of any lands or tenements within such parish or township. [See Commentary.] Overseers to prepare XLIV. That the ovcrsccrs of the poor of every sons (other parish and township, either wholly or in part situate entmed^to^"^ within any city or borough, or place sharing in the vote in election for any city or borough, which shall return BOROUGHS, and to pub- * It does not appear how this omission thus to be redressed^,,. ijsh them. j,^,^ ^^gj. properly happen, because the overseer is bound, by'.* Sect. 38, to insert on claim made all persons so claiming, and'^'^' must, having inserted, object, if he consider him not entitled. -'<' The advantage of insertion of all claimants' names by the overseer, without other direction on his part than to note them as objected, being a compulsory discretion, is shown in the CoMMENTAliy, p. 95. OVERSEERS — DUTIES OF — (boROUGHs). XXxiii a member or members to serve in any future Parlia- 2 w. 4, c 45. ment, shall, on or before the last day of July in the present and in each succeeding year, make out or cause to be made out, according to the Form num- bered 1, in the Schedule marked (I.) to this Act annexed, an alphabetical list of all persons who may be entitled by virtue of this Act to vote in the elec- tion of a member or members to serve in any future Parliament for such city or borough in respect ofoneiistof the occupation of premises of the clear yearly value of prlmi'ses^*** of not less than ten pounds as hereinbefore men- Jeariy v'liiue. tioned, situate wholly or in part within such parish or township, and another alphabetical list, according to the Form numbered 2 in the said Schedule (I.) ^ second ust of all other persons (except freemen) who may be exc*eprfree-"* entitled to vote in the election for such city or '"^"' borough by virtue of any other right whatsoever; [See Commentary, p. 35, 36, 37.] and in each of the said lists the Christian name contents of and surname of every person shall be written at full length, together with 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, or other description of the place where such property may be situate shall be specified in the list; and where any person shall be entitled to vote otherwise than in respect of any property, then the name of the street, lane, or other description of the place of such person's abode shall be specified in the list; [See Commentary, p. 37, 39.] and the overseers shall sign each of such lists, lyoyeilert and shall cause a sufficient number of copies of j^, be posted such lists to be printed, and to be fixed on or near the '""^ publish.- j. doors of all the churches and chapels in their several parishes and townships, or if there be no church or chapel therein, then to be fixed up in some public and conspicuous situation within the same respec- tively, on the two Sundays next after such lists shall have been made;* and the said overseers shall like- f^X^kept'*'* wise keep true copies of such lists, to be perused by for inspec any person, without payment of any fee, at all rea- "*^"' • So in counties, p. xxvi. c5 XXXIV LISTS — BOROUGHS. Provision for places within boroughs having no overseers. To belong to adjoining township. 2W.4, C.45. sohable hours during the two first weeks after such lists shall have been made. [See Commentary, p. 39.] XL V. That every precinct or place, whether extra- parochial or otherwise, having no overseers of the poor, which now is or hereafter may be within any city or borough, or within any place sharing in the election for any city or borough, shall, for the pur- pose of making out the list of voters for such city or borough, be deemed to be within the parish or town- ship adjoining thereto, and situate wholly or in part within such city or borough, or within such place sharing in the election therewith ; and if such pre- cinct or place shall adjoin two or more parishes or townships so situate 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; and the overseers of every such parish or township shall insert in the list for their respective parish or township the names of all persons who may be entitled to vote in the election of a member or members to serve in any future Parliament for any such city or borough in respect of any property oc- cupied by such persons within such city or borough, or within any place sharing in the election therewith, such property being situate wholly or in part within such precinct or place as aforesaid. [See Commen- tary, p. 46, and ante^ p. 27.] XLVI. That 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 or cause to be made out, according to the Form numbered 3 in the said Schedule (I.) 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 the town clerk of every place sharing in the election for any city or borough shall, at the respective times aforesaid, make out or cause to be made out a like list of all the freemen of such place who may be entitled to vote in the elec- Town clerks to prepare and publish the lists of freemen. TOWN CLERKS — DUTY OF — OBJECTING, XXXV tion of a member or members to serve in any future a w. 4, c. 45. Parliament for such city or borough ; and every such town clerk shall cause a copy of every such list to be fixed on or near the door of the town-hall, or in some public and conspicuous situation within such respective city, borough, or place as aforesaid, on the two Sundays next after such list shall have been made, and shall likewise keep a true copy of such list, to be perused by any person, without payment of any fee, at all reasonable hours during the two first weeks after such list shall have been made: [See Commentary, p. 37.] Provided always, that where there shall be no Provision town clerk for such city, borough, or place as afore- no town cTc^rk! said, or where the town clerk shall be dead or inca- capahilofact- pable of acting, all matters by this Act required to substitution of be done by and with regard to the town clerk shall acting''a8''t?wf be done by and with regard to the person executing '^^^'^' duties similar to those of the town clerk, and if there be no such person, then by and with regard to the chief civil officer of such city, borough, or place. [See Commentary, p. 46.] XLVII. That every person whose name shall Persons have been omitted in any such list of voters for any Ih^'boroigh city or borough so to be made out as hereinbefore lists to give mentioned, and who shall claim to have his name cia/m»r inserted therein as having been entitled on the last day of July then next preceding, shall, on or before the twenty-fifth day of August in the present, and in every succeeding year, give or cause to be given a notice in writing, according to the Form numbered 4 in the said Schedule (I.), 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 freeman of any city or bo- rough, or place sharing in the election therewith, then to the town clerk of such city, borough, or place ; [See Commentary, p. 52.] and every person whose name shall have been Objecting. inserted in any list of voters for ani/ city or borough may object to any other person as not having been XXXVl OBJECTING TO VOTERS BOROUGHS. 2 w. 4, c. 45. entitled on the last day of July then next preceding to have his name inserted in any list of voters for the same city or borough, [See Commentary, p. 60.] Notices as and every person so objecting shall, on or before enSueTto'bi ^^^ twenty-fifth day of August in the present and in retained in evcry Succeeding year, give or cause to be given a pereons'ob^ noticc in writing, according to the Form numbered jectingtothe 5^ in the Said Schedule (I.), or to the like effect, to nameriJithe the ovcrscers 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, borough, or place as aforesaid, then to the town clerk of such city, borough, or place ; [See Commentary, p. 61.] Lists of and the overseers shall include the names of all and*of^- persons so claiming as aforesaid in a list according sons objected to the Form numbered 6 in the said Schedule (I.), iuh3!'&?."** and the names of all persons so objected to as afore- by overseers, g^id in a Hst according to the Form numbered 7 in the said Schedule (I.), and shall cause copies of such two lists to be fixed on or near the doors of all the churches and chapels within their parish or township, or if there be no church or chapel therein, then to be fixed in some public and conspicuous situation within the same respectively, on the two Sundays next preceding the fifteenth day of September in the present and in every succeeding year; [See Com- mentary, p. 61.] Town clerk to aud cvcry towu clcrk shall include the names of freemen!^* ''^ all pcrsons SO claiming as freemen in a list accord- ing to the Form numbered 8 in the said Schedule (I.), and the names of all persons so objected to as free- men in a list according to the Form numbered 9 in the said Schedule (I.), and shall cause copies of such two lists to be fixed on or near the doors of the Town Hall, or in some public and conspicuous situa- tion, within his respective city, borough, or place as aforesaid, on the two Sundays hereinbefore last men- tioned in the present and in every succeeding year ; [Commentary, p. 62.] and the overseers and town clerks shall likewise LONDON LISTS. XXXVll keep a copy of the names of all the persons so claim- 2 W. 4, c. 45. ing as aforesaid, and also a copy of the names of all ^"TtTbT" persons so objected to as aforesaid, to be perused by ^^f^^^ ?•"»''•= any person, without payment of any fee, at all rea- sonable hours during the ten days next preceding the said fifteenth day of September in the present and in every succeeding year, and shall deliver a c opies to be copy of each of such lists to any person requiring the men°o*f"ir^' same, on payment of one shilling for each copy. ^^^' [See Commentary, p. 61, 62.] XLVIII. That for providing a list of such of Retumiug the freemen of the city of London as are liverymen jSclptl^tr"* of the several companies entitled to vote in the complnfell''"' election of a member or members to serve in any future Parliament for the city of London, the re- turning officer or officers of the said city shall, on or before the last day of July in the present and in each succeeding year, issue precepts to the clerks of the said livery companies, requiring them forth- Listofiivery- with to make out or cause to be made out, at the men of Lon- ^ , . . Ill don to be expense 01 the respective companies, an alphabe- transmitted tical list, according to the Form in the Schedule jL^o^'c^e"'"" (K.) 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 printed copies thereof, to such returning officer or officers, who shall forth- lj^i ^t ciaim with fix one such copy in the Guildhall and one in f" clindhal?*** the Roi/al Exchange of the said city, there to remain Ix^hlnge. fourteen days in the present and in every subse- quent year ; and the clerks of the said livery companies shall copies for pub- cause a sufficient number of such lists of freemen ''*^ *'*™* and liverymen of their respective companies to be printed at the expense of the respective companies, and shall keep the same, to be perused by any per- son, without payment of any fee, at all reasonable hours during the two first weeks after such lists shall have been printed ; [See Commentary, p. 47, 48.] and every person whose name shall have been XXXVin LONDON LISTS — CLAIMS OBJECTING. 2W.4, c. 45, omitted in any such list of freemen and liverymen, and who shall claim to have his name inserted given of omis^- therein as having been entitled on the last day of July sions and ob- then ucxt preccdinff, shall, on or before the twenty- jectionsin list r'r'^ t n a ■ ^ i ' Of liverymen, ntth day ot August m the present and m every suc- ceeding year, give or cause to be given a notice in writing according to the Form numbered 1 in the said Schedule (K.), or to the like effect, to the re- turning officer or officers, and to the clerk of that company in the list whereof he shall claim to have his name inserted : [See Commentary, p. 56.] Lists of free. and the returning officer or officers shall include men and livery- , /» n i • • r> -j • nien b^ return- thc names of all pcrsous SO claiming as aforesaid m London?*^ ° a Hst accordiug to the Form numbered 2 in the said Schedule (K.), and shall cause such last-mentioned list to be fixed in the Guildhall and Royal Exchange of the said city on the two Mondays next preceding the fifteenth day of September in the present and in every succeeding year; [See Commentary, p. 48.] copj of claim- and the said returning officer or officers, and clerks hi kept by of the said companies, shall likewise keep a copy of n.ry c ei s. ^^^^ names of all the persons so claiming as aforesaid, to be perused by any person, without payment of any fee, at all reasonable hours during the ten days next preceding the said fifteenth day of September in the present and in every succeeding year ; [See Commentary, p. 48.] Time and mo.'] and the said Lord Chief Justice and judge respec- Borough*. tively shall have power to nominate and appoint one or more barristers to revise the lists for the same city or borough or other place as aforesaid, or one barrister only, to revise the hsts for several cities, boroughs, and other places as aforesaid : [See Com- mentary, p. 78.] Provided always, that no Member of Parliament, Jo^'mlmbS'of nor any person holding any office or place of profit Parliament. xl COURTS OF REVISAL. 2 w. 4, c. 45. under the crown, shall be appointed as such barris- hoiding place ^^^ ^^ aforcsaid, and that no barrister so appointed under the as aforcsaid shall be eligible to serve in Parlia- crown, be ap- n • i i r» i • n t • pointed. Such meut lor eighteen months from the time of his ap- bairisier not . ^ • i i i i *^ fliisibie for poiutmeut lor any city, borough, or other place as lb mo'iiihs^. ""^ aforesaid for which he shall be so appointed : [See Commentary, p. 78, 103, and ante, p. xxx.] Provided also, that nothing herein contained shall prevent the same barrister from being appointed to revise the lists for two or more counties, ridings, parts, or divisions, or for any county, riding, parts, or division, and any one or more of the cities or boroughs therein. [See Commentary, p. 78.] Barrister to L. That the barrister or barristers so appointed borough*^^ ^^ to revise the lists of voters for any citi/ or borough voters, and shall hold an open court or courts for that purpose proof toln- within such city or borough, and also within every sert and ex- place sharing in the election for such city or bo- punge names. *^ , o . . i ^ ^ i i /» rough, at some time between the niteenth day of September inclusive and the twenty-fifth day of Time of hold- Octobcr* iuclusivc in the present and in every suc- ing courts. ceeding year, having first given three clear days* Notice of hold- ^- c ^i^ i. ij' c l, ^ ^ \ in? courts. noticc ot the holding oi such court or courts, to be fixed on the doors of all the churches and chapels within such city, borough, or place respec- tively, or if there be no church or chapel therein, then to be fixed in some public and conspicuous situation within the same respectively ; [See Com- mentary, p. 80, 87, 88.] ,j Overseers. and the ovcrsccrs and town clerks who shall havcrg and returninf? made out thc lists of votcrs as aforesaid, and in the don to*p"roduce case of the city of London the returning officer or tiv^usuauhe officcrs of the said city, shall, at the opening of the ffcourtf and first court to be held by every such barrister for fo^revistDg'^* revising such lists, produce their respective lists afteidYhe" bcforc him ; [See Commentary, p. 81, 88.] answer*53e8- ^ud the Said ovcrsccrs and town clerks shall also to**uching"th?'' deliver to such barrister a copy of the list of the per- lists. gQjjs objected to, so made out by them as aforesaid ; * For this year these days are postponed hy order of his Majesty in Council, to the same days in the following months. CITIES AND BOROUGHS. xli and the clerks of the several livery companies of the 2 W. 4, c. 45. city of London, and the town clerk of every other city or borough, or place sharing in the election therewith: and the several overseers within every cieiksofiivery city, borough, or place as aforesaid, shall attend the a?t^ndcouite court to be held by every such barrister for any such o^ '^^'^ai. city, borough, or place as aforesaid, and shall answer upon oath all such questions as such barrister may put to them, or any of them, touching any matter necessary for revising the lists of voters ; [See Commentary, p. 86.] and every such barrister shall insert in such lists insertion of the name of every person who shall be proved to his "*"''* *" ''*'*' satisfaction to have been entitled on the last day of July then next preceding to have his name inserted in any such list of voters for such city or borough ; and such barrister shall retain on the lists of voters Retainer, for such city or borough the names of all persons to whom no objection shall have been made in the man- ner hereinbefore mentioned, and he shall also retain on the said lists the name of every person who shall have been objected to by any person, unless the party so objecting shall appear by himself, or by some one on his behalf, in support of such objection ; [See Commentary, p. 87.] and where the name of any person inserted in the objections list of voters for such city or borough shall have ^'^p®*^*^ ***• been objected to in the manner hereinbefore men- tioned, and the person so objecting shall appear by himself, or by some one on his behalf, in support of such objection, every such barrister shall require it to be proved that the person so objected to was entitled on the last day of July then next preceding to have his name inserted in the list of voters for such city or borough in respect of the qualification 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 expunge the name of every such per- xlii COURTS OF REVISAL. aw. 4, C.45. Power to rec- tify mistakes and supply omissions in the lists. Material im- pcrfectioHs to be amended. Notice to party of expunging name. General power of in- specting tax assessments and rate books by overseers. son from the said lists, and he shall also expunge from the said lists the name of every person who shall be proved to him to be dead, and shall correct any mistake which shall be proved to him to have been made in any of the said lists as to any of the particulars by this Act required to be inserted in such lists ; [See Commentary, p. 85, 87, 93.] and where the Christian name, or the place of abode, or the nature of the qualification, or the local description of the property of any person who shall be included in any such list shall be wholly omit- ted in such list in any case where the same is by this Act directed to be specified therein, such bar- rister shall expunge the name of every such person from such list, unless the matter or matters so omitted be supplied to the satisfaction of such bar- rister before he shall have completed the revision of such list, in which case he shall then and there insert the same in such list : [See Commentary, p. 85.] Provided always, that no person's name shall be inserted by such barrister in any such list for any city or borough, or shall be expunged therefrom, except in the case of death, or of such omission or omissions as hereinbefore last-mentioned, unless such notice shall have been given as is hereinbefore required in each of the said cases. [See Commen- tary, p. 85.] LI. That the overseers* of every parish or town- ship shall, for their assistance in making out the lists in pursuance of this Act, (upon request made by them or any of them, at any reasonable time between the first day of June and the last day of July in the present and in any succeeding year, to any as- sessor or collector of taxes, or to any other officer having the custody of any duplicate or tax assess- ment for such parish or township,) have free liberty to inspect any such duplicate or tax assessment, and * Town clerks and the clerks of liveries of the city of London are not mentioned here, but they may, also, it is presumed, have the same power. COUNTIES, CITIES, AND BOROUGHS. iliu to extract from thence such particulars as may ap- aw. 4, c.43. pear to such overseer or overseers to be necessary; [See Commentary, p. 46.] and every barrister appointed under this Act shall Revising bar- have power to require any assessor, collector 01 powered to ^ 1 /v> 1-1 1 /» require tax taxes, or other omcer havme the custody ol any officers to pro- duphcate or tax assessment, or any overseer or ments. overseers having the custody of any poor rate, to produce the same respectively before him at any court to be held by him, for the purpose of assisting him in revising the lists to be by him revised in pursuance of this Act. [See Commentary, p. 82.] LII. That entry barrister holding any court under Barrister, on this Act as aforesaid shall have power to adjourn the ffsu'To^have same from time to time, and from any one place power of ad- to any other place or places "within the same county ^ idm?Sering riding, parts, or division, or within the same city or ^^ths, &-c. borough, or within any place sharing in the election for such city or borough, but so as that no such ad- journed court shall be held after the twenty-Jifth day of October in any year;* [See Commentary, p. 88.] and every such barrister shall have power to ad- minister an oath (or, in the case of a Quaker or to pmon. ob- Moravian, an affirmation,) to all persons making io*ie°l-to per- »'^' ,.!• ^' ' ' £> sons claimine, objection to the insertion or omission 01 any name and persons in any of such lists as aforesaid, and to all persons SwUnesMs. objected to or claiming to be inserted in any of such lists, or claiming to have any mistake corrected or any omission supplied in any of such lists, and to ' all witnesses who may be tendered on either side ; [See Commentary, p. 88.] and that if any person taking any oath or making raise swear- any affirmation under this Act shall wilfully swear "'^' p«fj"'y- or affirm falsely, such person shall be deemed guilty of perjury, and shall be punished accordingly; [See Commentary, p. 88.] and that at the holding of such respective courts Parties not to the parties shall not be attended by counsel; [_^Qq\1^^'^^''^^'' Commentary, p. 89 to 91.] • In this year, the 25th November. Xliv COURTS OF REVISAL. 2W.4, c. 45. and that every such barrister shall, upon the To have the hearing in open court, finally determine upon the as a^re'turni'n validity of such claims and objections, and shall for officer; 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 and to settle now observed at elections ; and such barrister shall and sign the {ji ^jjew couH wHtc his initials against the names re- lists m open ^ . ■, ■, • i i court. spectively struck out or mserted, and agamst any part of the said lists in which any mistake shall have been corrected or any omission supplied, and shall sign his name to every page of the several lists so settled. [See Commentary, p. 92, 94.] Judges to ap- LIII. That notwithstanding anything hereinbe- fioiTa^Siis- ^^^® contained, if it shall be made to appear to the ters in case Lord Chief Justicc or Judge who shall have appointed of need ; ^^^ barrister or barristers under this Act, to revise the list of voters, that by reason of the death, illness, or absence of any such barrister or barristers, or by reason of the insufficiency of the number of such barristers, or from any other cause^ such lists 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 to act in the place of or in ad- or to substitute dition to the barrister or barristers originally appointed; rep ace. ^^^ ^^^j^ barrister or barristers so subsequently ap- pointed shall have the same powers and authorities in every respect as if they had been originally ap- pointed by such Lord Chief Justice or Judge. [See Commentary, p. 78, 79.] County lists LI V. That the lists of voters for each county, or mittedto"* for the riding, parts, or division of each county, so clerk of the signed as aforesaid by any such barrister, shall be forthwith transmitted by him to the clerk of the peace of the county, riding, or parts for which such bar- rister shall have been appointed ; [See Commen- tary.] REGISTER. Xlv and the clerk of the peace shall keep the said lists 2 w. 4, c. 45. among the records of the sessions, arranged with every hundred in alphabetical order, and with every parish and township within such hundred likewise in alpha- betical order, [See Commentary, p. 95.] and shall forthwith cause the said lists to be fairly Ligtg to be and truly copied in the same order in a book to be ^^Pj^^ ^°5^ by him provided for that purpose, and shall prefix the' names to every name so copied out its proper number, cambered, beginning the numbers from the first name, and continuing them in a regular series down to the last name : [See Commentary, p. 95.] and shall complete and deliver such book on or to be den- before the last day of October in the present and in to'under- every succeeding year to the sheriff of the county, himhanaeV'' or his under-sheriff, who shall safely keep the same, cesser? ^Mhe and shall at the expiration of his office deliver over «" surh'^gut'' the same to the succeeding sheriff or his under- *^^''*"'^* sheriff; [See Commentary, p. 95.] and the lists of voters for each city or borough, so Lists of city 01 signed as aforesaid by any such barrister, shall be frbe deuvif" forthwith delivered by him to the returning officer for barriVterlo re- such city or borough, who shall safely keep the same, '""^"'"^ <*'''<=*''• and shall cause the said lists to be fairly and truly Lists to copied in a book to be by him provided for that ''^^^^P^^y ^ , , I'll 1 returning purpose, with every name therem numbered accord- officer, and ing to the directions aforesaid, and shall cause such ^^^^^^^^ ^'* book to be completed on or before the last day of October in the present and in every succeeding year, and shall deliver over such book, together with the lists, at the expiration of his office, to the person suc- ceeding him in such office : [See Commentary, p. 95.] and every such book, to be so completed on Such books or before the last day of October in the present *re6^isJer of year, shall be deemed the register of the electors to electors. vote, after the end of this present Parliament, in the choice of a member or members to serve in Par- liament for the county, riding, parts, or division of a county, city, or borough to which such register shall relate, at any election which may take place after the said last day of October in the present year and before the first day of November in the year one Xlvi REGISTER COPIES. 2 w. 4, c. 45. thousand eight hundred and thirty-three; [See Commentary, p. 95, 96.] Register, and every such book to be so completed on or belJ fofce! before the last day of October in the year one thou- sand eight hundred and thirty-three, and in every succeeding year, shall be the register of electors to vote at any election which shall take place between the first day of November inclusive in the year wherein such respective register shall have been made and the first day of November in the suc- ceeding year. [See Commentary, p. 96.'] Copies of the L V. That the overseers of every parish and town- th?registers, ^hip shall cause to be written or printed copies of to be printed the lists SO by them to be made in the present and counties by in every succeeding year, and shall deliver such overseers. copies to all persous applying for the same, on pay- ment of a reasonable price for each copy ; and the monies arising from the sale thereof shall be ac- counted for by the said overseers, and applied to the same purposes as monies collected for the relief of the poor; [See Commentary, p. 41.] Copies of re- and the clerks of the peace shall cause to be writ- cierkVpeace ten or printed copies of the registers of the electors or counties; |.^^ their respective counties, ridings, or parts, or for the divisions of their respective counties ; [See Commentary, p. d?.] and by return- and the retuminff officer of every city or borough ing officers for ^ „ ^ i -^^ 1a- n ^^ borouphsand shall cause to be written or prmted copies of the *^""' register of the electors for such city or borough; [See Commentary, p. 97.] ^nj^cierksof and cvcry such clerk of the peace, and every such returning officer, shall deliver such respective copies to all persons applying for the same, on pay- ment of a reasonable price for each copy ; and the monies arising from the sale of all such copies shall be accounted for to the treasurer of the county, riding, or parts. [See Commentary, p. 97.] Source of LVI. That for the purpose of defraying the ex- /unds for ex- ^ i • j i ^i r^i. penses. pcnses to be incurred by the overseers oi the poor and by the clerk of the peace in carrying into DEFRAYING OFFICERS EXPENSES. xlvii effect the several provisions of this Act, so far as 2 w. 4, c. 45. relates to the electors for any county, or for any ~ • J. !•••/• J Expenses of ridmg, parts, or division 01 a county, every per- overseers, son, wpon giving notice of his claim, as such elector to ^^^l^^'^H^'^ the overseers, as hereinbefore mentioned, shall pay how to be' or cause to be paid to the said overseers the sum ^^^frayed- of one shilling : and such notice of claim shall not be deemed valid county ejector, until such sum shall have been paid ; and the over- notice of his seers of each parish or township shall add all monies ?nte?ted in the so received by them to the money collected or to be mus^ply'one collected for the relief of the poor in such parish or Sce'JJJfi'viiid" township, and such monies so added shall be applica- *'" ^'"'*" ble to the same purposes as monies collected for the relief of the poor; and that for the purpose of defraying the expenses ci'y and bo- . ji^i^. • fcr \l ^^"^^ electors to be incurred by the returning omcer ot every city to pay one and borough, and by the overseers of the several pa- anyinlddiHon rishes and townships in every city and borough, and of,' t*h°e Joor*" place sharing in the election therewith, in carrying '^*'^* into effect the provisions of this Act, so far as relates to the electors for such city or borough, every such elector whose name shall be upon the register of voters for such city or borough for the time being shall be liable to the payment of one shilling annually, which sum shall be levied and collected from each elector in addition to and as part of the money pay- able by him as his contribution to the rate for the relief of the poor, and such sum shall be applicable to the same purposes as money collected for the relief of the poor ; and that the expenses incurred by the overseers Expensep of f, . , *•,.. ,. •'. .. , overseers and 01 any parish or township m making out, printmff, and returning ofs- ui- IT- .1- 1 I- . 1 ^- 1- 5^ J I- cers for citiet publishing the several lists and notices directed by ana borou(?iw this Act, and all other expenses incurred by them in JoS-?ate? carrying into effect the provisions of this Act, shall be defrayed out of the money collected or to be col- lected for the relief of the poor in such parish or township ; [See Commentary, p. 45.] and that all expenses incurred by the returning officer of any city or borough in causing the lists of the electors for such city or borough to be copied Xlviii SOURCE OF FUND FOR EXPENSES. 2VV. 4, C.45. out and made into a register, and in causing copies of such register to be written or printed, shall be defrayed by the overseers of the poor of the several parishes and townships within such city or borough, or place sharing in the election therewith, out of the money collected or to be collected for the relief of the poor in such parishes and townships, in propor- tion to the number of persons placed on the register of voters for each parish or township ; Expenses of and that all expenses incurred by the clerk of the clerk of the p. ^ • j • • • ^i peace paid by pcacc oi any couuty, riding, or parts, m causing the sur"eT/aftlr be- lists of the elcctors for such county, riding or parts, jnfticerat*^ *** or for any division of such county, to be copied out sessions. ^^^ made into a register, and in causing copies of such register to be written or printed, and in other- wise carrying into effect the provisions of this Act, shall be defrayed by the treasurer of such county, riding, or parts out of any public money in his hands, and he shall be allowed all such payments in his accounts : Provision for Providcd always, that no expenses incurred by accoun'tin?!!" any clerk of the peace under this Act shall be so paSm'e'ili" ° defrayed unless the account shall be laid before the justices of the peace at the next quarter sessions after such expenses shall have been incurred, and allowed by the Court, Remunera- LVII. That every barrister appointed to revise barristers for ^^y ^^^^^ ^^ voters under this Act shall be paid at the revising the rate of five guineas for every day that he shall be so '**^' employed, over and above his travelling and other expenses : and every such barrister, after the termi- nation of his last sitting, shall lay or cause to be laid before the lords commissioners of his majesty's trea- sury for the time being a statement of the number of days during which he shall have been so em- ployed, and an account of the travelling and other expenses incurred by him in respect of such employ- ment ; and the said lords commissioners shall make an order for the amount to be paid to such barrister. [See Commentary, p. 79.] QUESTIONS TO BE PUT AT POLL OATH. xlix LVIII. That in all elections whatever of members 2 w. 4, c. 45 . to serve in any future Parliament no inquiry shall be ^r^ . permitted at the time 01 polling, as to the right of at the time any person to vote, except only as follows ; that is except' a^to to say, that the returning officer or his respective the identity deputy shall, if required on behalf of any candidate, uie'coilulfu-' put to any voter at the time of his tendering his vote, »"ce of his and not afterwards, the following questions, or any and whe"he"r of them, and no other : J^'^^^ vote** ' before at 1 . Are you the same person whose name appears j?™^ ^'®*^' as A. B. on the register of voters now in po^j of force for the county of \^or for questions as the riding, parts, or division, poimt? Src. or for the city, Sfc. as the case may be] ? 2. Have you already voted, either here or else- where, at this election 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 7nay be~\ ? 3. Have you the same qualification for which your name was originally inserted in the re- gister of voters now in force for the county of, SfC. [or for the riding, ^c, or for the city, SfC, as the case may be, speci- fying in each case the particulars of the qualifica- tion as described in the register] 1 And if any person shall wilfully make a false answer False answer a to any of the questions aforesaid, he shall be deemed guilty of an indictable misdemeanor, and shall be punished accordingly ; [See Commentary, p. 116.] and the returning officer or his deputy, or a com- Oath to be missioner or commissioners to be for that purpose by fj'^j'jj^red^** him or them appointed, shall (if required on behalf of any candidate at the time aforesaid) administer an oath (or, in case of a Quaker or Moravian, an affirma- tion) to any voter in the following form ; (that is to say,) ' You do swear, [or being a QuaJcer or Moravian, do Form of oath. * affirm,] That you are the same person whose name d FORM OF OATH — TENDER OF VOTES. No other oath as to qualification 2W.4, C.45. * 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], and that you have not before voted, either * here or elsewhere, at the present election for the said * county [or for the said riding, parts, or division of * the said county, or for the said city or borough, as ' the case may be]. So help you God.' And no elector shall hereafter at any such election be required to take any oath or affirmation, except as aforesaid, 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; [See Commentary, 97, 116.] and no person* claiming to vote at any such elec- tion shall be excluded from voting thereat, except by reason of its appearing to the returning officer or his respective deputy, upon putting such ques- tions as aforesaid, or any 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 has previously voted at the same election, or that he has not the same qualification for which his name was originally inserted in such register, or except by reason of such person refusing to take the said oath or make the said affirmation or to take or make the oath or affirmation against bribery, or any other oath or affirmation now required by law, and not hereby dispensed with ;f No scrutiny and no scrutiny shall hereafter be allowed by officer"*^"^"^ or before any returning officer with regard to any votes given or tendered at any election of a member or members to serve in any future Parliament ; any law, statute, or usage to the contrary notwithstand- ing. [See Commentary, p. 97, 109, 116, 117, 118.] * i. e. Semble, no person in the register, or omitted by deci- sion of revising barrister. t The first of these is not properly exclusion, and the two others cannot apply to persons tendering votes. REGISTER NOT QUESTIONABLE BUT BY HOUSE. li LIX. Provided always, That any person whose 2 w. 4, c. 45. name shall have been omitted from any register of Persons ex voters in consequence of the decision of the barrister , eluded from [See Commentary, p. 109, 125 to 128,] who shall iy'tiTS"^,. have revised the lists from which such register t^r may ten- shall have been formed may tender his vote at any votes'^arciec- election at which such register shall be in force, "**"«• stating at the time the name or names of the candidate or candidates for whom he tenders such vote, and the returning officer or his deputy shall Tender to be enter upon the poll book every vote so tendered, '^^*^^'<^«**- distinguishing the same from the votes admitted and allowed at such election. [See Commentary, p. 109.] LX. Provided also,* That upon petition to the Correctness House of Commons, complaining of an undue elec- JlJ^te qnlt!*^*^ tion or return of any member or members to serve tionabie be- in Parhament, any petitioner, or any person defend- SuteVoT^he ing such election or return, shall be at liberty to House of impeach the correctness of the register of voters in **™™*'°'* force at the time of such election, by proving that in consequence of the decision of the barrister who shall have revised the lists of voters from which such register shall have been formed the name of any person who voted at such election was impro- perly inserted or retained in such register, or the name of any person who tendered his vote at such election improperly omitted from such register ; and the select committee appointed for the trial of such petition shall alter the poll taken at such election according to the truth of the case, and shall report their determination thereupon to the House, and the House shall thereupon carry such determination into effect, and the return shall be amended, or the election declared void, as the case may be, and the register corrected accordingly, or such other order * This, which is one of the most material and important prac- tical provisions of the act, is much too vaguely expressed for so pregnant a clause ; and is the most serious semblance of failure in the whole draft of the bill. [See CoMMENTARy,p. 125 to 130.1 d 2 lii POLLING FOR COUNTIES — DISTRICTS — BOOTHS. 2W.4, C.45. shall be made as to the House shall seem proper. [See Commentary, p. 95, 109, 125 to 128.] Sheriffs of the divided counties to fix the time and preside at elections. LXI. That the sheriffs of Yorkshire and Lincoln- shire, and the sheriffs of the counties divided by this Act, shall duly cause proclamation 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. [See Commentary, p. 106, 107, 108.] Commence- ment and continuance of polls at county elections. Termination of poll. LXII. That at every contested election of a knight or knights to serve in any future Parliament for any county, or for any riding, parts, or division of a county, the polling shall commence at nine o'clock in the forenoon of the next day but two after the day fixed for the election, unless such next day but two shall be Saturday or Sunday, and then on the Monday following, at the principal place of elec- tion, and also at the several places to be appointed as hereinafter directed for taking polls ; [See Com- mentary, p. 109, 119.] and such polling shall continue for two days only, such two days being successive days ; that is to say, for seven hours on the first day of polling, and for eight hours on the second day of polling ; and no poll shall be kept open later than four o'clock in the afternoon of the second day ; any statute to the contrary notwithstanding. [See Commentary, p. 119, 120.] Counties to LXIII. That the respective counties in England intomstricts and Wales, and the respective ridings, parts, and b''^ ettiiSd divisions of counties, shall be divided into con- venient districts for polling, and in each district shall be appointed a convenient place for taking the poll at all elections of a knight or knights of the shire to serve in any future Parliament, and such districts and places for taking the poll shall be settled and appointed by the Act to be passed in this marked out by a future Act. POLLING COUNTIES — CLOSE OF Ku present Parliament for the purpose of settling and 2W.4, c.45. describing the divisions of the counties enumerated in the Schedule marked (F.) to this Act annexed; provided that no county, nor any riding, parts or division of a county, shall have more than fifteen districts and respective places appointed for taking the poll for such county, riding, parts, or division. [See Commentary, p. 107.] LXIV. That at every contested election for any as to booths county, or riding, parts, or division of a county, the ^^^^^^ for^*°^ sheriff, under-sheriff, or sheriff's deputy shall, if counties, 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 ap- pointed 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 No voter to such election in respect of any property situate in {h "distrkt any parish, township, or place, except at the booth where his so allotted for such parish, township, or place ; and P'"**?*'^^ 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 where no happen not to be included in any of the districts cfpli place!"" 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. [See Commentary, p. 109 to 112.] Provision as LXV. That the sheriff shall have power to ^^^^Jti^sT'the appoint deputies to preside and clerks to take the cnston8?nay tot ^f knights or a knight of the shire to serve in any in places of future Parliament for any county, or for any riding, exclusive -■••• *^ *-^ jurisdiction, 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 what- . soever, in the same manner as such sheriff, under- sheriff or deputy may act within any part of such sheriff's ordinary jurisdiction. [See Commentary, p. 107.] t POLLING — BOROUGHS. Iv LXVII. That at every contested election of a 2 W.4, c.45. member or members to serve in any future Parlia- commence- ment for any city or borough in England, except "««* a"^ the borough of Monmouth^ the poll shall commence of pofirat" on the day fixed for the election, or on the day next borovs*^ following, or at the latest on the third day, unless in England, any of the said days shall be Saturday or Sunday, and then on the Monday following, the particular day for the commencement of the poll to be fixed by the returning officer ; and such polling shall continue for two days only, such two days being successive days, (that is to say), for seven hours on the first day of polling, and for eight hours on the second day of polling ; and that the poll shall on ciose. no account be kept open later than four o'clock in the afternoon of such second day ; any statute to the contrary notwithstanding. [See Commentary, p. 119, 120.] LXVIII. That at every contested election of a Polling for member or members to serve in any future Parlia- jfngfito ment for any city or borough in England, except the be at several borough of Monmouth, the returning officer shall, if more a"? required thereto by or on behalf of any candidate, on eoo voting at the day fixed for the election, and if not so required partment in may, if it shall appear to him expedient, cause to be * booth, erected for taking the poll at such election different booths for different parishes, districts, or parts of such city or borough, which booths may be situated , either in one place or in several places, and shall be so divided and allotted into compartments as to the returning officer shall seem most convenient, so that no greater number than six hundred shall be re- quired to poll at any one compartment; [See Com- mentary, 114.] and the returning officer shall appoint a clerk to cierks for take the poll at each compartment, and shall cause *^*""''*' to be affixed on the most conspicuous part of each of the said booths the names of the several pa- rishes, districts, and parts for which such booth is respectively allotted ; Ivi POLLING — BOROUGHS — CLOSING. 2W. 4, C.45. and no person shall be admitted to vote at any Each person ^^^^ election, cxccpt at the booth allotted for the to vote at the parish, district, or part wherein the property may be booth ap- ^v X • . £• 1-11 1 • ^ ^ . ^ ' pointed for Situate m respect ot which he claims to vote, or m his parish or case he does not claim to vote in respect of property, then wherein his place of abode as described in the register may be ; boothl"". ^^ "° ^^^ ^^ ^^^^ ^^ booth shall happen to be provided pointed. for any particular parish, district, or part as afore- said, 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 ; Notice of post- and public notice of the situation, division, and pHatlon oP'°" allotment of the different booths shall be given booths. ^^^ ^^yg before the commencement of the poll by the returning officer ; If the booths and in case the booths shall be situated in dif- ferent places, ferent places, the returning officer may appoint a a deputy to deputy to preside at each place ; each place. ^^^ at every such election the poll clerks at the As to cus- close of each day's poll shall enclose and seal their bookrand** several poll books, and shall publicly deliver them, final deciara- SO eucloscd and Sealed, to the returning officer or for'boro'ughs ^^^ ^l^P^^yj who shall givc a receipt for the same, and shall, on the commencement of the poll on the se- cond day, deliver them back, so enclosed and sealed, to the persons from whom he shall have received the same; Si^Siafdose'^ ^^^ every deputy so receiving any such poll of poll. books, on the final close of the poll shall forth- with deliver or transmit the same, so enclosed and sealed, to the returning officer, who shall receive and keep all the poll books unopened until the fol- lowing day, unless such day be Sunday, and then till the Monday following, when he shall openly break the seals thereon, and cast up the number of votes as they appear on the said several books, and shall ADJOURNING POLL. Ivil openly declare the state of the poll, and make pro- 2W. 4, c.45 clamation of the member or members chosen, not Declaring later than two o'clock in the afternoon of the said amS^Jda!.'' day : provided always, that the returning officer, or be*rs choS."*" his lawful deputy, may, if he think fit, declare the final state of the poll, and proceed to make the re- turn immediately after the poll shall have been lawfully closed: [See Commentary, 112 to 114, 119, 120.] provided 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. [See Commentary, p. 108.] LXIX. Provided always. That so far as relates Polling dis- to the several boroughs of New Shoreham, Cricklade, appoimed^for Aylesbury, and East Retford, as defined by this Shoreham, Act,* the said several boroughs shall be divided AySury'. into convenient districts for polling, and there shall and East be appointed in each district a convenient place for taking the poll at all elections of members to serve in any future Parliament for each of the said boroughs, which districts and places for taking the poll shall be settled and appointed by an Act to be passed in this present Parliament. [See Com- mentary, p. 115.] LXX. That nothing in this Act contained shall When return- prevent any sheriff or other returning officer, or the mfy^'cios" he lawful deputy of any returning officer, from closing po'' before the poll previous to the expiration of the time fixed of the time by this Act, in any case where the same might have *''^^- been lawfully closed before the passing of this Act; of^cJur"* and that where the proceedings at any election shall case of riot. be interrupted or obstructed by any riot or open violence, the sheriff or other returning 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 particular polling place or places, shall adjourn • See Sect. 5. d5 Iviii AWournInG poll— expense of booths. And that day or days not to be one of the two polling days. Notice of the 2W.4, c. 45. the poll at such place or places only until the fol- lowing day, and if necessary shall further adjourn the same until such interruption or obstruction shall have ceasfed, when the 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 election within the meaning of this Act ; and be^gjve^to re*^ wherevcr the poll shall have been so adjourned by turning o cer. ^^^ deputy of any sheriff or other returning officer, such deputy shall forthwith give notice of such ad- journment to the sheriff or returning officer, who shall not finally declare the state of the poll, or make proclamation of the member or members chosen, until the poll so adjourned at such place or places as aforesaid shall have been finally closed, and delivered or transmitted to such sheriff or other returning officer ; any thing herein-before contained to the contrary notwithstanding. [See Commen- tary, p. 119.] Candidates, or persons proposing a candidate without his consent, to be at the expence of booths and poll clerks. Limitation of expence. Not more than 40C. for booths at one polling place for coun- ties i Sdl. for such for citiesj *c. LXXI. That from and after the end of this pre- sent Parliament all booths erected for the conveni- ence of taking polls shall be erected at the joint and equal expence of the several candidates, and the same shall be erected by contract with the candidates, if they shall think fit to make such contract, or if they shall not make such contract, then the same shall be erected by the sheriff or other returning officer at the expence of the seve- ral candidates as aforesaid, subject to such limi- tation as is herein-after next mentioned; (that is to say,) that the expence 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 expence to be incurred for any booth or POLLING — BOOTHS — OATHS. lix l)ooths to be erected for any parish, district, or part 2 W. 4, c. 45. of any city or borough shall not exceed the sura of twenty-five pounds in respect of any one such parish, district, or part; and that all deputies ap- J^^PI'^^'^^y pointed by the sheriff or other returning officer shall per day as the be paid each two guineas by the day, and all clerks o°f the^Si-''* employed in taking the poll shall be paid each one guinea by the day, at the expence of the candidates at such election: Provided always, that if any per- son shall be proposed without his consent, then the person so proposing him shall be liable to defray his share of the said expences in like manner as if he had been a candidate ; provided also, that the sheriff Houses may or returning officer may, if he shall think fit, instead Joiungtnf' of erecting such booth or booths as aforesaid, pro- instead of* cure or hire and use any houses or other buildings ^^ ^' for the purpose of taking the poll therein, subject always to the same regulations, provisions, liabili- ties, and limitations of expence as are herein-before mentioned with regard to booths for taking the poll. [See Commentary, p. 107.] LXXII. That the sheriff or other returning Certified co- officer shall, before the day fixed for the election, fegL^^eVof cause to be made, for the use of each booth or other voters for polling place at such election, a true copy of the re- ^^^ *** * gister of voters, and shall under his hand certify every such copy to be true. fSee Commentary, p. 107.] LXXIII. That every deputy of a sheriff or other Powers of returning officer shall have the same power of ad- re^turnhig** ministering the oaths and affirmations required by officers to 1 1 r. ' ^' • • /> 1 • • administer law, and 01 appomtmg commissioners for admims- oaths, tering such oaths and affirmations as may by law be administered by commissioners, as the sheriff or other returning officer has by virtue of this or any other Act, and subject to the same regulations and provisions in every respect as such sheriff or other returning officer. [See Commentary, p. 116.] POLLING OATHS — MONMOUTH. 2 W. 4, c. 45. Regulations respecting polling, &c. for the bo- rough of Monmouth, and for the contributory boroughs in Wales. LXXIV. That from and after the end of this present Parliament, every person who shall have a right to vote in the election of a member for the borough of Monmouth, in respect of the tovi^ns of Newport or Usk, shall give his vote at Newport or Usk respectively before the deputy for each of such towns, whom the returning officer of the borough of Monmouth is hereby authorized and required to appoint ; and every person who shall have a right to vote in the election of a member for any shire-town or borough, in respect of any place named in the first column of the schedule marked (E.) to this Act annexed, shall give his vote at such place before the deputy for such place whom the returning officer of the shire-town or borough is hereby authorized and required to appoint; and every person who shall have a right to vote in the election of a member for the borough composed of the towns of Swansea, Loughor, Neath, Aberavon, and Ken-Jig shall give his vote at the town in respect of which he shall be entitled to vote, (that is to say,) at Swansea before the portreeve of Swansea, and at each of the other towns before the deputy of such town whom the said portreeve is hereby authorized and required to appoint; and at every contested election for the borough of Monmouth, or for any shire-town or borough named in the second column of the said Schedule (E.), or for the borough com- posed of the said five towns, or for the borough of Brecon, the polling shall commence on the day next after the day fixed for the respective election, unless such next day be Saturday or Sunday, and then on the Monday following, as well at Monmouth as at Newport and Usk respectively, and as well at the shire-town or borough as at each of the places sharing in the election therewith respectively, and as well at Swansea as at each of the four other towns respectively; and such polling shall continue for two days only, such two days being successive days, (that is to say,) for seven hours on the first day of polling, and for eight hours on the second day of POLLING BOROUGHS. : 1x1 polling, and that the poll shall on no account be 2 w. 4, c. 45. kept open later than four o'clock in the afternoon of such second day ; and the returning officer of the borough of Monmouth shall give to the deputies for Newport and Usk respectively, and the returning officer of every shire-town or borough named in the second column of the said Schedule (E.) shall give to the deputy for each of the places sharing in the election for such shire-town or borough, notice of the day fixed for such respective election and shall be- fore the day fixed for such respective election cause to be made, and to be delivered to every such deputy, a true copy of the register of voters for the borough of Monmouth, or for such shire-town or borough, as the case may be, and shall under his hand certify every such copy to be true ; and the portreeve of the town of Swansea shall give notice of the day of election to the deputy for each of the towns of LoughoVf Neath, Aberavon, and Ken-Jig, and shall in like manner cause to be made, and to be delivered to every such deputy, a true and certified copy of the register of voters for the borough composed of the said five towns ; and the respective deputies for Nexiport and Usk, and for the respective places named in the first column of the said Schedule (E.) as well as for the towns of Loughor, Neath, Aber- avon, and Ken-Jig, shall respectively take and con- duct the poll and deliver or transmit the poll books in the same manner as the deputies of the returning officers of the cities and boroughs in England are herein-before directed to do, and shall have the same powers and perform the same duties in every respect as are respectively conferred and imposed on the said deputies by this Act: Provided always. As to ap- that where there shall be a mayor, portreeve, or SepuSn"*^ other chief municipal officer in any town or place for Wales, which the returning officer or the portreeve of Swansea is required to appoint a deputy as afore- said, such returning officer or the portreeve of Swansea, as the case may be, is hereby required to appoint such chief municipal officer for the time Ixii EXISTING LAWS SAVED — ACTION GIVEN. 2 W. 4, c. 45. being to be such deputy for such town or place. [See Commentary, p. 116 to 119.] i^ws^uTre" LXXV. That all laws, statutes, and usages now main in force, in force respecting the election of members to serve supSeded^'^* in parliament for that part of the United Kingdom by this Act. called England 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 effec- tually as if the same respectively had heretofore returned 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. Penalties on LXXVI. That if any sheriff, returning officer, breach of*^ barrister, overseer, or any person whatsoever shall duty. wilfully contravene or disobey the provisions of this Act or any of them, with respect to any mat- ter or thing which such sheriff, returning officer, barrister, overseer, or other person is hereby re- Liabiiities ro quired to do, he shall for such his offence be JenTit'^anr liable to be sued in an action of debt in any of his candidkte'^or*"^' Majcsty's courts of rccord at Westminster for the "h?Srson penal sum of five hundred pounds, and the jury be- agrgiieved. j^^.^ 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 j ust that he should pay for such his offence ; and the defendant in such action, being convicted, shall pa^ such penal sum so awarded, with full costs of suit, to the party who may sue for the same : Pro- vided 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: Provided also, Jficer^Ha^bie to ^^^^ *^^ remedy hereby given against the returning other actions. * See Sect. 33, as to Boroughs. UNIVERSITIES — CONSTRUCTION OF TERMS. Ixfil officer shall not be construed to supersede any re- 2 W. 4, c. 45. medy or action against him according to the law now in force. [See Commentary, p. 137.] LXXVII. That all writs to be issued for the Writs, &c. election of members to serve in all future Parlia- J-onfor^abie ments, and all mandates, precepts, instruments, pro- to this Act. ceedings, 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 the carrying the provisions of this Act into effect. [See Commentary, p. 106.] LXXVIII. Provided always. That nothing in This Act not this Act contained shall extend to or in anywise unWersities" affect the election of members to serve in Parlia- of Oxford and ment for the Universities of Oxford or Cambridge^ ^™ " ^^' or shall entitle any person to vote in the election of members to serve in Parliament for the city of Oxford or town of Cambridge in respect of the occu- pation of any chambers or premises in any of the colleges or halls of the Universities of Oxford or Cambridge. [See Commentary, p. 138.] LXXIX. That throughout this Act, wherever of the sense the words " city or borough," " cities or boroughs," jJoJ^g^*^n .. ^ may occur, those words shall be construed to in- Act are to be elude, except there be something in the subject or «°c1tyTr**bo- context manifestly repugnant to such construction, rough: " all towns corporate, cinque ports, districts, or places within England and Wales which shall be en- titled, after this Act shall have passed, to return a member or members to serve in Parliament, other than counties at large, and ridings, parts, and divisions of counties at large, and shall also include the town of Berwick-upon-Tweed; and the words *' returning officer" shall apply to every person or "Returning persons to whom, by virtue of his or their office, o^cef:" either 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 Ixiv CLAUSE OF CONSTRUCTION. " Parish or township :" *' Overseers of the poor : 2 W.4. C.45. 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 every parish, township, vill, hamlet, district, or place maintaining its own poor ; and the words " overseers of the poor" shall extend to all persons who by virtue of any office or appointment shall execute the duties of overseers of the poor, by whatever name or title such persons may be called, and in whatsoever manner they may be appointed, and that all matters by this Act directed to be done by the overseers of a parish or township may be.^ lawfully done by the major part of such overseersi ;5 and that wherever any notice is by this Act required^ to be given to the overseers of any parish or town- ship, it shall be sufficient if such notice shall be delivered to any one of such overseers, or shall be left at his place of abode, or at his office or other place for transacting parochial business, or shall be sent by the post, addressed by a sufficient direction, to the overseers of the particular parish or town- ship, or to any one of them, either by their or his Christian name and surname, or by their or his " Justices of name of office ; and that all provisions in this Act counE^" ^^^ relative to any matters to be done by or with regard &c. ' to justices of the peace for counties, or sessions of the peace for counties, or clerks of the peace for counties, or treasurers of counties, shall extend to the justices, sessions, clerks of the peace, and trea- surers of the several ridings of Yorkshire and parts.,** of Lincolnshire, and that the clerk of the peace for the time being for the borough of Newport in the Isle of Wight shall for the purposes of this Act be deemed and taken to be the clerk of the peace for the county of the Isle of Wight, and that all the said respective justices, sessions, and clerks of the peace shall have power to do the several matters required by this Act, as well within places of exclusive juris- diction as without; and that no misnomer or inac- curate description of any person or place named or described in any schedule to this Act annexed, or TEMPORARY PROVISIONS. IxV in any list or register of voters, or in any notice re- 2W. 4, c 45. quired by this Act, shall in anywise prevent or Misnomer abridge the operation of this Act with respect to °ot to vitiate, such person or place, provided that such person or place shall be so designated in such schedule, list, register, or notice as to be commonly understood. [See Commentary, p. 138.] LXXX. And whereas it may happen that the in case the Act or Acts for settling the boundaries of cities, BoTDdalyAct boroughs, and other places, and the divisions of shall not pass • • before the counties, as herein-before mentioned, may not be 20(h of Jnnt, passed within such time as will allow the several ^^^2, the ^ .. n 1 ' k ^ • t ^• n preparations provisions 01 this Act relative to the list 01 voters for first regis- within such respective boundaries and divisions, de*ferr" 1 • * 1 1 /• 1 • rarhament the passing 01 this Act, and before the passing before the of the Act or Acts for settling respectively the Sfe'p"r!p'!fsed boundaries of cities, boroughs, and other places, Boundary and the divisions of counties, as herein-before men- noJ'to^be^d? tioned, then and in such case the election of mem- vided. bers to serve in a new Parliament shall, both as to the persqns entitled to vote, and otherwise, be Ixviii TEMPORARY PROVISIONS. 2 w. 4, c. 45. regulated according to the provisions of this Act, save and except as herein-after mentioned; (that is to say,) that as to the several counties enume- rated in the Schedule (F.) to this Act annexed, all persons entitled by virtue of this Act in respect of property therein to vote in the election of knights of the shire shall be entitled to vote for Four Knights of the Shire to serve in such new Parlia- ment for each of the said counties, and not for Two Knights to serve for any division of the said coun- S^nrw^o' ^^^^ ' ^"^ ^^^^ ^^ ^^ *^^ several boroughs enume- roughs de- rated in the Schedules (C.) and (D.) to this Act fined. annexed, each of the said boroughs shall, for the purpose of electing a member or members to serve in such new Parliament, be deemed to include such places as are specified and described in conjunction with the name of each of the said boroughs in the Schedule marked (L.) to this Act annexed; and oid"b**^ou^h°^ that as to the several cities and boroughs in Eng- to remain^; * Itmd and Wales not included in the Schedule (A.) to this Act annexed, and now returning a member or members to serve in Parliament, and the places sharing in the election for such cities and boroughs, each of such cities, boroughs, and places respec- tively shall, for the purpose of electing a member or members to serve in such new Parliament as aforesaid, be deemed to be comprehended within the same limits as before the passing of this Act, and not otherwise ; and that no place named in the first column of the Schedule (E.) to this Act annexed, which before the passing of this Act did not share in the election of a member for any shire-town or borough named in the second column of the said Schedule (E.), shall share in the election of a member for any shire-town or borough to serve in such new Parhament, any thing herein- before contained to the contrary notwithstanding; and that the borough composed of the towns of Swansea, Loughor^ Neath, Aberavon, and Ken-Jig shall not return a member to serve in such new Parliament, but shall instead thereof share in the TEMPORARY PROVISIONS Ixix election of a member to serve in such new Parlia- aw. 4, c.45. ment for the borough of Cardiff^, any thing herein-be- fore contained to the contrary notwithstanding ; and that in the event of such dissolution of Parliament o? voUn"to** so taking place as last aforesaid, such persons only take eflFect shall be entitled to vote in the election of members Jstratlonr to serve in such new Parliament as aforesaid for the counties, ridings, parts, cities and boroughs which in such event shall return members to serve in such new Parliament, as would be entitled to be in- serted in the respective lists of voters directed to be made under this Act if the day of election had been the day for making out such respective lists ; and such persons shall be entitled to vote in such election, although they may not be registered ac- cording to the provisions of this Act, any thing herein-before contained to the contrary notwith- standing ; and the polling at such election for any county, or for any riding of Yorkshire or parts of Lincolnshire^ may be continued for fifteen days, and the polling at such election for any city or borough may be continued for eight days, any thing herein- before contained to the contrary notwithstanding. [See Commentary, p. 138.] Ixx Schedule A. SCHED ULES to which the foregoing Act refers. Schedule (A). Boroughs. County. Boroughs. County. Old Sarum Wiltshire. Winchelsea .... Sussex. Newtown Isle of Wight. Tregony Cornwall. St. Michael's or ^ Cornwall. Haslemere .... Surrey. Midshall.... S Saltash Cornwall. Gatton Surrey. Sussex. Orford Suffolk. Bramber Callington Cornwall. Bossiney Cornwall. Newton Lancashire. Dunwich Suffolk. Ilchester Somersetshire. Ludgershall Wiltshire. Boroughbridge . . Yorkshire. St. Mawe's Cornwall. Stockbridge Hampshire. Beeralston Devonshire. Romney (New) Kent. WestLooe Cornwall. Hedon Yorkshire. St. Germain's Cornwall. Plympton Devonshire. Newport Cornwall. Seaford Sussex. Blechingley Surrey. Heytesbury Wiltshire. Aldborough Yorkshire. Steyning Sussex. Camelford Cornwall. Whitchurch Hampshire. Hindon Wiltshire. Cornwall. Wootton Bassett Downton Wiltshire. Wiltshire. EastLooe Corfe Castle Dorsetshire. Fowey Cornwall. Bedwin (Great) . . Wiltshire. MilbornePort .. Somersetshire. Yarmouth ^ Isle of Wight, Aldeburgh Suffolk. ( Hampshire. Minehead Somersetshire. Queenborough . .. Kent. Bishop's Castle . Shropshire. Castle Rising Norfolk. Okehampton . . . Devonshire. East Grinstead . . . Sussex. Appleby Westmoreland. Higham Ferrers . . Northamptonshire. Lostwithiel .... Cornwall. Wendover Buckinghamshire. Brackley Northamptonshire. Weobly Herefordshire. Amersham Buckinghamshire. Schedule B. Ixxi Schedule (B). Boroughs. County. Boroughs. County. Petersfield Hampshire. Shaftesbury .... Dorsetshire. Ashburton Devonshire. Thirsk Yorkshire. Eve Suflfolk. Christchurch . . . Hampshire. Sussex. Westbury Wiltshire. Horsham Wareham Dorsetshire. Great Grimsby . Lincolnshire. Midhurst Sussex. Calne.. Wiltshire. Woodstock .... Oxfordshire. Arundel Sussex. Wilton Wiltshire. St. Ives Cornwall. Malmesbuiy . . . Liskeard Wiltshire. Rve Cornwall. Clitheroe Lancashire. Reigate Surrey. Morpeth Northumberland. Hythe Kent. Helston Cornwall. Droitwich Worcestershire. North Allerton.. Yorkshire. Lyme Regis.... Dorsetshire. Wallingford.... Berkshire. Laiinceston . . . . Cornwall. Dartmouth .... Devonshire. Ixxii Schedule (C). Principal Places to be Boroughs. Returning Oflficers. Manchester (Lancashire) < Birmingham (Warwickshire) Leeds (Yorkshire) Greenwich (Kent). Sheffield (Yorkshire) Sunderland (Durham). Devonport (Devonshire). Wolverhampton (Staflfordshire) . . j Tower Hamlets (Middlesex). Finsbury (Middlesex). Mary-le-bone (Middlesex), Lambeth (Surrey). Bolton (Lancashire) < Bradford (Yorkshire). Blackburn (Lancashire). Brighton (Sussex), Halifax (Yorkshire). Macclesfield (Cheshire) Oldham (Lancashire). Stockport (Cheshire) The Boroughreeve and Constables of Manchester. The two Bailiffs of Birmingham. The Mayor of Leeds. The Master Cutler. Constable of the Manor of the Deanery of Wolverhampton. The Boroughreeves of Great and Little Bolton. The Mayor of Macclesfield. The Mayor of Stockport. Stoke-upon-Trent (Staflfordshire). Stroud (Gloucestershire) Schedule (D). Principal Places to be Boroughs. Returning Officers. Ashton-under-Lyne (Lancashire) . . Bury (Lancashire). Chatham (Kent). Cheltenham (Gloucestershire). Dudley (Worcestershire). Frome (Somersetshire). Gateshead (Durham). Huddersfield (Yorkshire). Kidderminster (Worcestershire) . . Kendal (Westmoreland) Rochdale (Lancashire). Salford (Lancashire) , . South Shields (Durham). Tynemouth (Northumberland). Wakefield (Yorkshire). Walsall (Staflfordshire) Warrington (Lancashire). Whitby (Yorkshire). Whitehaven (Cumberland). Merthyr Tydvil (Glamorganshire). The Mayor of Ashton-under-Lyne. The High Bailiflf of Kidderminster. The Mayor of Kendal. The Boroughreeve of Salford. The Mayor of Walsall. Schedule E. Ixxiii Schedule (E). Places sharing in the Election of Members. Amlwch Holyhead, and Llansrefni . . . . sharing with Aberystwith "^ Lampeter, and Ssharing with Adpar 3 Llanelly sharing with Pwllheli Nevin Conway ^sharing with I Bangor Criccieth . i Ruthin "J Holt Ssharing with Town of Wrexham . j Rhyddlan ^ Overton I Caerwis j Caergwrley "^sharing with J > shaAng with >sharii Holywell , . . Mold Cowbridge . Llantrissent Llanidloes . . Welsh Pool Machynlleth ^ sharing with Llanfyllin . Newtown . Narberth ? , . .^, Fishguard ^sharing with Tenby .... Wiston ^ sharing with Town of Milford Knighton Rhayder Kevinleece ^sharing with Knucklas Town of Presteigne ::S Shire-Towns or Principal Boroughs. Beaumaris . Cardigan .... Caermarthen . Caernarvon . . Denbigh Flint Cardiff. Montgomery . . , Haverfordwest , Pembroke . . . . , Radnor County in which such Boroughs are situated. Anglesey. Cardiganshire. Caermarthenshire Caernarvonshire. Denbighshire. Flintshire. Glamorganshire. Montgomeryshire. Pembrokeshire. Pembrokeshire. Radnorshire. Ixxiv Schedule E. 2. Schedule (E. 2.) Places sharing in the Elec- Places therein from which the Seven Miles tion of Members. are to be calculated. Newport The Market Place. Usk The Town Hall. Aberystwith The Bridge over the Rheidal. Lampeter The Parish Church. Adpar The Bridge over the Teivi. Pwllheli The Guildhall. Nevin The Parish Church. Conway The Parish Church. Criccieth The Castle. Ruthin The Parish Church called St. Peter's. Holt The Parish Church. Rhyddlan The Parish Church. Overton The Parish Church. Caerwis The Parish Church. Caergwrley The Parish Churgh of Hope. Cowbridge The Town Hall. Llantrissent The Town Hall. Tenby The Parish Church. Wiston The Parish Chu?ch. Knighton The Parish Church. Rhayder The Market Place. Kevinleece The Parish Church. Knucklas The Site of the ancient Castle of Cnweglas. Swansea The Town Hall. Loughor The Parish Church. Ne^th The Town Hall. Aberavon The Bridge over the Avon. Ken-fig The Parish Church of Lower Ken-fig. Schedules F.— F. 2.— G. l»iv Schedule (F.) COUNTIES to be divided. Cheshire. Cornwall. Cumberland. Derbyshire. Devonshire. Durham. Essex. Gloucestershire. Kent. Hampshire. Lancashire. Leicestershire. Norfolk. Northumberland. Northamptonshire. Nottinghamshire. Shropshire. Somersetshire. Staffordshire. Suffolk. Surrey. Sussex. Warjvickshife. Wiltshire. Worcestershire. Schedule (F. Q.) COUNTIES to return Three MEMBifiRs each. Berkshire. Buckinghamshire. Cambridgeshire. Dorsetshire. Herefordshire. Hertfordshire. Oxfordshire. Schedule (G.) Cities and Towns and Counties thereof. Caermarthen Canterbury , Chester Coventry , Gloucester Kingston-upon-Hull . Lincoln London Newcastle-upon-Tyne Poole Worcester York and Ainsty Southampton Counties at large in which Cities and Towns and Counties thereof are to be included. Caermarthenshire. Kent. Cheshire. Warwickshire. Gloucestershire. East Riding of Yorkshire. The Parts of Lindsey, Lincolnshire. Middlesex. Northumberland. Dorsetshire. Worcestershire. North Riding of Yorkshire. Hampshire. e2 Ixxvi Schedule H. — Nos. 1, 2. Schedule (H). FORMS OF LISTS AND NOTICES APPLICABLE TO COUNTIES. No. 1. Notice of the making out of the Lists to be given by the Overseers. We hereby give notice, that we shall, on or before the last day of July in this year, make out a list of all pei-sons entitled to vote in the election of a knight or knights of the shire for the county of [or for the riding, parts, or division of the county of as the case may be,} in respect of property situate wholly or in part within this parish l_or township] ; and all persons so enti- tled are hereby required to deliver or transmit to us, on or before the twentieth day of July in this year, a claim in writing, containing their Christian name and surname, their place of abode, the nature of their qualification, and the name of the street, lane, or other like place wherein the property in respect of which they claim to vote is situated ; and if the property be not situated in any street, lane, or other like place, then such claim must describe the property by the name by which it is usually known, or by the name of the tenant occupying the same ; and each of such persons so claiming must also at the same time pay to us the sum of one shilling. Persons omitting to deliver or transmit such claim or to make such payment will be excluded from the register of voters for this county [or riding, parts, or division, as the case may be]. [In subsequent years after one thousand eight hundred and thirty-two, add the following words, " But persons whose names are now on the register are not required to make a fresh claim so long as they retain the same qualification and continue in the same place of abode as described in the Register."] (Signed) A. B. ■^ Overseers of the parish C. D. ^ lor township] of E. F.-> No. 2. Notice of Claim to be given to the Overseers. I hereby give you notice, that I claim to be inserted in the list of voters for the county of [or for the riding, parts, or division of the county of as the case may be,] and that the particulars of my place of abode and qualification are stated below. Dated the day of in the year (Signed) John Adams. Place of abode, ^heapside, London. Nature of qualification, Freehold house, [or warehouse, stable, land, field, annuity, rent-charge, &;c. as the case may be, giving such a description of the property as may serve to identify it]. Where situate in this parish [or township]. King Street. [If the property be not situate in any street, lane, or other like place, then say. Name of the property, High Field Farmj or, Name of the occupying tenant, John Edwards.] Schedule H. — Nos. 3, 4. Ixxvii No. 3. County of to wit, [or Riding, Parts, or Division County of as the case may be.] 7- of the > ybe.]3 |The List of Persons entitled to vote in the Election of a Knight [or Knights] of the Shire for the County of [or for the Riding, Parts, or Division of the County of as the case may fee,] in respect of Property situate within the Parish of [or Township, said parish E. F. ^ [or township]. No. 4. Notice of objection to be given to the Overseers. To the overseers of the parish of [or township, as the case may fee J. I hereby give you notice, that I object to the name of William Ball being retained in the List of Voters for the county of [or for the riding, parts, or division of the county of ]. Dated the day of in the year (Signed) A, B. of [Place of abode}. e3 Ixxviii Schedule H. — Nos. 5, 6. No. 5. Notice of Objection to Parties inserted in the List. To Mr. William Ball. I hereby give you notice, that I object to your narae being retained in the List of Voters for the county of [or for the riding, parts, or division of the county of ], and that you will be required to prove your qualification at the time of the revising of the said list. Dated the day of in the year (Signed) A. B. of [Place of abode]. No. 6. List of Persons objected to, to be published by the Overseers. The following Persons have been objected to as not being entitled to have their Names retained in the List of Voters for the County of [or for the Riding, Parts, or Division of the County of ]. Christian name and sur- name of each person ob- jected to. Alley, James . Place of abode. Long Lane, in this parish. Ball, William Market Street, Lan- caster. Nature of the supposed qualification. Copyhold field. Lease of warehouse for years. Street, lane, or other like place in this parish [or township] where the property is situate, or name of the property, or name of the tenant. John Edwards, tenant. Duke Street. (Signed) A. B. J Overseere of the parish C. D. > of [or township, E. F. ) as the case may be]. Schedule I. — Nos. 1, 2. Ixxix Schedule (I). FORMS OF LISTS AND NOTICES APPLICABLE TO CITIES AND BOROUGHS. No. 1. The List of Persons entitled to vote in the Election of a Member [or Mem- bers] for the City [or Borough] of in respect of Property occupied within the Parish [or Township] of by virtue of an Act passed in the Second Year of the Reign of King William the Fourth, intituled, " An Act to amend the Representation of the People in England and Wales." Christian Name and Surname of each Voter at full length. Nature of Qualification. Street, Lane, or other Place in this Parish where the Property is situate. Ashton, John Atkinson, William Bates, Thomas Bull Thomas Church Street. Bolt Court, Fleet Street. Castle Street. Lord Street. Shop Counting house (Signed) A. B. ^ Overseers of the C. D. > said Parish E. F. ' [or Township]. No. 2. The List of all Persons (not being Freemen) entitled to vote in the Election of a Member [or Members] for the City [or Borough] of in respect of any Rights other than those conferred by an Act passed in the Second Year of the Reign of King William the Fourth, intituled " An Act to amend the Representation of the People in England and Wales." Christian Name and Surname of each Voter at full length. Nature of Qualification. Street, Lane, or other Place in this Parish where the Property is situate. If the Right of votbis; does not depmd on I'roperty, then stale the Place of Abode, 1 1 (Signed) A C E. F B. ■^ Overseers of the Parish of D. ^ [or Township] within . -^the said City [oi- Borough]. XXX Schedule I. — Nos. 3, 4, 5. No. 3. 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 ] entitled to vote in the Election of a Member [o?- Members] for the said City [or Borough.] Christian Name and Surname of each Freeman, at full length. Place of his Abode. A w 5 '^^^^ Clerk of the said City ^ ^ ^ ' '\ [or Borough, or Place.] No. 4. Notice of Claim. To the Overseers of the Parish [or Township] of or to the Town Clerk of the City [or Borough] of or otherwise, as the case may fee]. I hereby give you notice. That I claim to have my Name inserted in the List made by you of Persons entitled to vote in the Election of a Member [or Mem- bers] for the City [or Borough] of and that my qualification consists of a House in Duke Street in your Parish, or otherwise [as the case may fee] ; [and in the case of a Freeman, say, and that my qualification is as a Freeman of and that I reside in Lord Street in this City or Borough]. Dated the day of one thousand eight hundred and thirty (Signed) John Allen of [Place of Abode]. No. 5. Notice of Objection. To the Overseers of the Parish [or Township] of [or to the Town Clerk of the City [(/r Borough] of or otherwise, as the case may be]. I hereby give you notice, that 1 object to the name of Thomas Bates being retained in the List of Persons entitled to vote in the Election of a Member [or Members] for the City [err Borough] of and that I shall bring forward such objection at the time of the revising of such List. Dated the day of in the year ^Signed) A. B. of [Place of Abode]. Schedule I. — Nos. 6, 7. Ixxxi No. 6. List of Claimants to be jnMished by the Overseers, rhe following Persons claim to have their Names inserted in the List of Per- sons entitled to vote in the Election of a Member [or Members] for the City [or Borough] of Christian Name and Surname of each Claimant at full length. Nature of Qualification. Street, Lane, or other Place in this Parish where the Property is situate. 1/ the Right does not depend on Pro- perty, state the Place of Abode. Allen, John, House. Duke Street. (Signed) A . B. -^ CD. ^Overseers of, From the notices sent in resulting from that public announcement, they are to make a List ; the following is the prescribed Form, which describes its nature. iThe List of Persons entitled to vote in the Election of a Knight [or Knights] of the Shire for the County of [or for the Riding, Parts, or Division of the County of as the case may be,} in respect of Property situate within the Parish of [or Township, as the case may &e.] County of to wit, [or Riding, Parts, or Division County of as the case may it, [or -Jl •ivision of the > case may be.] j Christian name and surname of each voter at full length. Place of abode. Nature of qualification. Street, lane, or other like place in this parish [or township] where the property is situate, or name of the property, or name of the tenant. Adams, John Alley, James Ball, William Boyce, Henry Cheapside, London. Long Lane, in this parish. Market Street, Lan- caster. Church Street, in this parish. Freehold house. King Street. Copyhold field. 'John Edwards, tenant. Lease of warehouse Duke Street. for years. 1 Fifty Acres of Land High Field Farm. as occupier. (Signed) A. B. ^Overseers of the C. D. > said parish E. F. 3 [or township.] In future years lists of persons registered must also be made. [S. 38.] * See (p. 52.) paragraph on this announcement. LISTS OF VOTERS (COUNTIES). 27 The duties of the Overseer, under the 37th Sec- tion, in this particular respect, aided by the forms prescribed, are so succinctly, plainly, and intelligibly indicated and pointed out by the specific section of the Act, as to be incapable of misapprehension, and therefore need no other or further elucidation, and cannot be usefully abridged or enlarged on. So, under the 38th Section, the ministerial duties Preparing and publish- . of this officer in preparing, making, and publishing ing lists of Lists of Voters, as there defined, are clear, compre- hensive, and conspicuous ; and are practically illus- trated and instanced in and by the several forms furnished in the Schedule, in a very satisfactory and sufficient manner for every purpose of instruction and direction. Not so perhaps is the by-far most important pro- Power to ob- ^ ^ •' ^ ^ ject to claim vision of the same clause, empowering the Overseer of "g^t *<> to object to the claimant's stated right, by raising doubts thereto, through the medium of the mar- Mode and ginal notification of objection to the voter, by the objecting, simple words " objected to." Without considering or inquiring whether it would j not have been more satisfactory and useful, as well as fair and candid, that the short nature and ground of the objection should not be stated, it will be suf- ficient, perhaps, in aid of the officer in the perform- ance of this the most delicate as well as ungracious part of his prescribed service, to make some few suggestions for his guidance on the true legal inter- pretation of this part of the Statute, with reference to the other clauses and the objects of the Bill. c2 28 DUTIES OF OVERSEERS. Those suggestions are but few, and may be shortly disposed of, premising only, that they are very deferentially submitted for the consideration of the officer, in relief of his responsibility on an anxious point of necessary duty. ?'J^^*^H?'!k** First, there must be reasonable cause to believe. voter on the ' overseer^^ This cxcludes surmise and suspicion, and perhaps officially. involves matter within his own local knowledge as an official inhabitant and neighbour, aided and as- sisted by credible and respectable testimony, ob- tained on diligent inquiry made for the purpose. The cause itself is matter of evidence, the reason- able is matter of discretion. Foundation It should appear, however, that the officer should by overseers. Confine his objection to factf not law or argument; as, for instance, that the claimant has actually, to the Overseer's knowledge or belief, no house where he describes such as his qualifying property to be situate, or has not been long enough in possession, or paid rates, &c. and not that he has no right of property in the house. This latter ground does not appear to be strictly within the proper province of the Overseer, as matter of objection by him as an officer, and is perhaps the very or principal source of the right of objection given by the next (the 39th) Section of the Act to other persons, instimce. If where a claim is made in right of promotion to a benefice, the parsonage or vicarage house, or any dwelling held in virtue of the church preferment, or barn and glebe land, be situate in a borough, so as to be capable of being made to give a right of voting LISTS OF VOTERS (cOUNTIEs). 20 there, it would not entitle the parson, &c. to vote for the county. The negative quality of this sort of qualification, which destroys the right otherwise conferred by it of voting for county members, is one which must always be peculiarly within the local knowledge of the overseer as matter of fact, and it may therefore be instanced as one of those cases in which it would be his duty to object, and where he may securely and safely do so. It should be noticed that overseers are not per- emptorily required — they are merely empowered so to object. The measures to be adopted by Overseers in preparing and forming the Lists of Voters for the several Counties, and in other respects, have been directed by letter, addressed to them generally, from the office of the Secretary of State for the Home Department. In deference to that high authority, the directions so furnished for the guidance of the Overseer in the execution of his duties under the Act, are here transcribed. They are carefully drawn up, and are clear, plain, and easily intelligible, for purposes of practical utility. " Duties of Overseers roith regard to the Lists of Voters Katies of •^ o t/ overseers ai for Counties J Divisions of Counties^ Ridings of **> counties. Yx)rkshire, and Parts in Lincolnshire, " The Act directs that lists shall be made out of all the persons entitled to vote for each county or for each division of a county, and in Yorkshire for each 30 DUTIES OF OVERSEERS. Forming lists of voters. S. XXXVII. Notice to be given of lists to be made of the voters of the parish, &c. Transmission of claims. A shilling to be paid there- with. riding, and in Lincolnshire for the parts of Lindsey and for the parts of Kesteven and Holland : " Now the Overseers of every parish or township in any county or division of a county, or in any riding of Yorkshire, or in either of the above-named parts of Lincolnshire, must per- form the following duties with regard to the Lists of Voters for such county, division, riding, or parts : " They must first prepare a notice according to the form numbered (1), in the Schedule (H.) an- nexed to the Act ;* but in this [year's] notice they must take care to insert the last day of August instead of the last day of July, and the 20th day of August instead of the 20th day of July. The Overseers of every parish or township must also procure a sufficient number of copies of this notice to be written or printed, and must cause a copy to be fixed on or near the door of every church and chapel within their parish or township on the 25th day of July. " In consequence of this notice, all persons who wish to be registered as voters for any county, or for any division of a county, or for any riding or parts, as the case may be, will deliver or transmit their claims on or before the 20th day of August [henceforth July] to the overseers of the parish or township in which their qualifying property is wholly or in part situate. *' No such claim, however, will be valid until a shilling has been paid by or on account of the • See Form, supra, p. 25. LISTS OP VOTERS (COUNTIES). 31 claimant to the overseers of such parish or town- ship ; and all money arising from these payments must be accounted for by the overseers in their ac- counts. (See clause 56 in the Act.) " The next step to be taken by the overseers of Lists of claims to be each parish or township is to make out (accordmg made out by overseers. to the form numbered (3), in the Schedule (H.), annexed to the Act) an alphabetical list of all per- sons sending in their claims to them; in making out which list the overseers will copy into the dif- ferent columns of the list the particulars applicable to each person from his claim as sent into them. " The overseers of each parish or township must Marginal note insert in their list the name of every person who has to be made by sent in a claim and paid a shilling to them by the *'^®"^^"* 20th day of August; but if they have any reason- able cause to believe that any person so claiming is not entitled to vote, the overseers are empowered to add the words " objected to" opposite to the name of every such person on the margin of their list. " The Overseers must complete this list by the last Preparing day of August [hereafter July]; and they will I^endiuon!)' therefore probably find it convenient to begin to make it out before the 20th day of that month, which is the last day for sending in claims. " The Overseers of each parish or township, having copies of lists completed their list, and signed it, must procure a and sow*. * sufficient number of copies of it to be written or printed, both for the purpose of publication and of sale. " They must then publish it, by causing a copy of 32 DUTIES OF OVERSEERS. onut*^*"**" it to be fixed on or near the door of every church and chapel in their parish or township on the two first Sundays in September.* ?ervld%r " "^^^7 ^^^^ ^^so keep a copy of the list, which public inspec- they must allow all persons to inspect, without pay- ment of any fee, at all reasonable hours during the two first wrecks after the list has been made. Sd'ln? ro- " -^^^y ^^® ^^^° bound to sell copies of the list at co^'teTfor ^ reasonable price to all persons applying for them ; and they are to account for the proceeds of the sale in their accounts as overseers. (See clause 55 of the Act.) Duties as to Objections. f^l^objSfg. " "^^^ ^^^^ ^^' ^^^^ parish or township being pub- lished, a certain period is allowed, viz. till the 25th of September, [in all future years August,] for par- ties to give notice of objection to any of the persons- inserted in the list. jSontob^' "^^ ^^^ ^^^^^ ^^ persons being objected to, the overseers of the parish or township will receive, on or before the 25th of September, [hereafter August,] a notice from the party objecting, according to the form numbered (4) in the Schedule (H.).f *' On the 29th of September [August hereafter] of^u^ndred on ^^^ ovcrsccrs of cvcry parish or township must ber! ^*P**™' deliver the list of voters which has been made out by them, together with a written statement of the number of persons objected to by the overseers and * Hereafter on the two Sundays next after such list shall have been made. S. 38, p. xxiv. t See Chapter on Objecting to Voters, p. o9» received. Lists to be delivered to LISTS OF VOTERS (COUNTIES). 33 by others, to the high constable of the hundred, who is to deliver this list and statement to the clerk of the peace. This statement will merely contain the number of persons objected to, without any parti- culars of names, &c. ; " but the overseers of every parish or township Alphabetical . list of persons must also make out an alphabetical list (according to objected to ^ ^ ° to be pub- the form numbered 6 in the Schedule (H.) annexed Ushed. to the Act) of all the persons as to whom they have received notice of objection; and they must cause a copy of this list to be fixed on or near the door of every church and chapel in their parish or town- ship,* on the two Sundays next preceding the 15th of October ;-|' " and they must likewise keep a copy of this list. Copy to be which they must allow all persons to inspect, without iic inspection, payment of any fee, at all reasonable hours, during the ten days next preceding the 15th of October.^ " When the barrister holds his court for revising Attending Barrister's the lists of voters for any county, or for any division Courts of re- of a county, or for any riding, or parts, as the case may be, (of the time and place of holding which court notice will be given both in the newspapers and at the principal place of election,) the overseers of every parish or township in such county, division, overseers' bu- riding, or parts, must attend the court during the ""^^' ^^^'^^' * Or if there be no church or chapel there, in some other public situation. t That is, in this year, 1832, but in every future year it must be in the month of September. c 5 34 DUTIES OF OVERSEERS. Expenses provided for. time when their list of voters is under the revision of the barrister; and they must deliver to him a copy of the alphabetical list of persons objected to ; and they must answer, upon oath, all such questions as the barrister may put to them, as to any matter upon which he may require information for revising their list, (see clause 42 of the Act,) and they must produce the rate-book before him, in case he should demand it. (See clause 51 of the Act.) " All the expenses incurred by the overseers of any parish or township, in making out, printing, and publishing the lists and notices, and in carrying into effect the other provisions of the Act, with regard to the voters for any county, division, riding, or parts, will be defrayed out of the poor rate for such parish or township. (See clause 56 of the Act.) Pabiication « jf there happens to be no church or chapel in a of notice . . 1 • 1 • 1 when in parish or township, the overseers must, m that case, fix the respective lists and notices in some public and conspicuous situation in the parish or township. " Every precinct or place which has no overseers of its own, must be treated as if it were within the parish or township adjoining to it in the same county, division, riding, or parts ; and if any such precinct or place should adjoin two or more parishes or townships in the same county, division, riding, or parts, then it must be treated as if it were within the least populous (according to the last census) of such adjoining parishes or townships ; and the over- seers of the parish or township of which such pre- cinct or place is to be treated as part, must include in their list the names of all persons sending in claims to them as voters for their county, division, riding, or parts, (as the case may be,) in respect of property situated in such precinct or place. (See the Provision at the end of clause 38 of the Act.) " parish" u By ti^e 79th clause of the Act it is expressly and " town- • i i i i i • i i • >> i ii ship" defined, provided, that the words, " parish or township shall extend to every parish, township, vill, hamlet, dis- Chnrch. Places witli- ont overseers assigned to overseers of adjoining parish, &c. LISTS OF VOTERS (bOROUGHs). 35 trict, or place maintaining its own poor, and that all the duties imposed by the Act upon overseers may be lawfully executed by the major part of the overseers, " The foregoing duties are to be performed Exception of by overseers in every part of England and i^n'^Engiand?* Wales, except Bristol, Exeter, Haverfordwest, Lichfield, Norwich, and Nottingham." The lists of voters for counties thus directed to be made by the overseers, are to be delivered by them to the high constables of the several hundreds of each county, with a statement of the total number of persons objected to by the overseers. The high constables are to deliver such lists and statements to the clerks of the peace ; — and The clerks of the peace must make an abstract therefrom of the number of persons objected to in each parish and township, and transmit it to the ap- pointed revising barristers for the corresponding district, in order to enable them to fix the times and places of holding courts. Section 2. Borough Lists to be made by Overseers and Town Clerks. The borough lists are required to contain each. Borough lists. one of three classes of persons entitled to vote in respect of three distinct species of qualification. First, the newly-qualified electors under the Re- s. xliv. form Act, that is, the 10^. householders. Secondly, the persons (not being freemen) entitled s. xliv. to vote in respect of qualifications other than those conferred by the Reform Act. Lastly, the freemen of the borough or city enti- s. xlvi. tl^d to vote. All to be alphabetically named therein. 36 DUTIES OF OVERSEERS AND TOWN-CLERKS. S. XLIV. S. XLVI. Scliedule I. No. I. Overseers* list for bo- roughs of voters in re- spect of pro- perty, under 2 W. 4, c. 45. The two former are to be prepared by the over' seers of the particular parish or township, the last by the town clerk or corresponding civil officer of the city, or borough, or place. The following are forms of such three lists suc- cessively prescribed by the Reform Act. The first is the form of the list to be made out by the overseers of voters entitled under the statute, headed as it ought to be, in fact, and instanced by fictitious names, &c. p. Ixxviii. The List of Persons entitled to vote in the Election of a Mem- ber [or Members] for the City [or Borough] of in respect of Property occupied within the Parish [or Township] of by virtue of an Act passed in the Second Year of the Reign of King William the Fourth, intituled " An Act " to amend the Representation of the People in England and *• Wales," Christian Name and Surname of each Voter at full Length. Nature of Qualifi- cation. Street, Lane, or other Place in this Parish, where the Property is situate. Ashton, John Atkinson, William Bates, Thomas . . Bull. Thomas House Warehouse . . Shop Counting-house Church Street. Bolt Court, Fleet Stieet. Castle Street. Lord Street. (Signed) A. B. "^Overseers of the C. D. > said Parish [or E. F. 3 Township.] The second is the form for the neutral list of persons entitled to vote in cities and boroughs, although neither qualified in respect of property or as freemen, p. Ixxviii. LISTS OF VOTERS (bOROUGHs). 37 Overseers^ Second List. Sch.L. No. 2. s. 44. The List of all Persons (not being Freemen) entitled to vote Overseers' in the Election of a Member [ixr Members] for the City [or fn'ot^'bdng" Borough] of in respect of any Rights other than freemen) en- those conferred by an Act passed in the Second Year of the spect of rights Reign of King William the Fourth, intituled " An Act to JyVw.T^ " amend the Representation of the People in England and c. 45. " Wales." Christian Name and Surname of each Voter at fall Length. Nature of Qnalifi- cation. Street, Lane, or other Place in this Parish, where the Property is situate. Jfthe Right of Voting does not depend on Property, then state the Place of Abode. (Signed) A. B. C E .B.-l .D.J .F.J Overseers of the Parish of [or Township] within the said City \or Borough], The last is the form furnished for the heading of the list and the columns of the list of freemen to be made by the Tov^^n Clerk, p. Ixxix. Town Clerk's List of Freemen for Boroughs. 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 ] entitled to vote in the Election of a Member [or Members] for the said City [or Borough]. Christian Name and Snrname of each Freeman at fall Length. Place of his Abode. (Signed A. B. \ ^T ° ^^^'^ '^ '^^ S.'"^ S''^ ^ ° i [or Borough, or Place]. 38 DUTIES OP OYERSEERS AND TOWN-CLERKS. The town-clerk's list is to be fixed on or near the door of the town-hall on the two following Sundays after it is made. The acts and conduct of Overseers in respect of their duties in making borough lists, have, as in the case of county lists, been also directed and pre- scribed by official authority. The directions from the office of Secretary of State are as follows : "Duties of Overseers with regard to the Lists of Voters for the Nerv Boroughs, and for those Old Boroughs (not disfranchised) where none but Freemen used to vote, ovemera as " The oversecrs of every parish or township situ- oM boroughs, ated either wholly or in part within any new bo- rough, or within any old borough where none but freemen have hitherto had a right to vote, or witjiin any place sharing in the election for any such new or old borough, must perform the following duties with regard to the lists of voters for such borough : List of 1st " They must first make out (according to the form class of voters. . riiiiTjn numbered 1 m the Schedule I.* annexed to the Act) an alphabetical list of all persons having the 10/. qualification in any such borough, or in the place sharing with it, in respect of pre- mises situated wholly or in part within their parish or township. (The 10/. qualification is created by the 27th clause of the Act, and is further explained by the 28th and 29th clauses. See also the 30th and 36th clauses of the Act.) * See form above, p. 36. LISTS OF VOTERS (bOROUGHS). TiJilI 39 ** The overseers must complete this list by the last To be com- pleted and day of August [July] ; and, having signed it> published. must procure a sufficient number of copies of it to be printed, both for the purpose of publica- tion and of sale. They must then publish it, by causing a copy of it to be fixed on or near the door of every church and chapel in their parish or township on the two first Sundays in Sep- tember [August], " They must also keep a copy of this list, which Copy to be ^ r r J » ^gpj for pui,. they must allow all persons to inspect, without Uc inspection, payment of any fee, at all reasonable hours during the two first weeks after the list has been made. " They are also bound to sell copies of this list ftJS^and** ro- at a reasonable price to all persons applying co^ntg^'^for for them, and they are to account for the pro- ceeds of the sale in their accounts as over- seers. (See clause bb of the Act.) " The list for each parish or township being pub- Time for c Isiiuii D fir'* lished, a certain period is allowed, viz. till the 25th of September, for parties who have been omitted to give notice of their claim to be inserted in such list, and also for parties to object to any persons for objecting. inserted in such list. " In all cases of claims, the overseers of the parish Notice of or township will receive, on or before the 25th of recewV; * September, a notice of claim according to the form numbered 4, in the Schedule I.* and in all cases of -...,„. 1 /> , *°<^ notices of objections they will receive, on or before the same objections. * See Objecting to Borough Voters, p. 55. 40 : DUTIES OP OVERSEERS AND TOWN-CLERKS Lists of claims made, and of ob- jections taken. Copy of each to be pub- lisbed. Copy to be kept for pub- lic inspection. day, a notice of objection according to the form numbered 5, in the Schedule I.* " They must then make out a list (according to the form numbered 6, in the Schedule I.)f of all the per- sons so notifying their claims to them, and another list (according to the form numbered 7, in the Sche- dule I.) J of all the persons as to whom they have re- ceived notice of objection ; and they must cause a copy of each of these lists to be fixed on or near the door of every church and chapel in their parish, or township on the two Sundays next preceding the 15th of October [hereafter September] ; " and they must likewise keep a copy of each ol these lists, which they must allow all persons to in- spect, without payment of any fee, at all reason- * See Objecting to Borough Voters, p. 61. t These two lists are those corresponding with the two first of the foregouig lists of voters to be made by the overseers. X The following is the form of the overseers' list of claimants : — The following Persons claim to have their Names inserted in the List of Persons entitled to vote in the Election of a Member [or Members] for the City [or Borough] of Christian Name and Surname of each Claimant at full length. Nature of Qualification. Street, Lane, or other Place in this Parish where the Property is situate. If the Right does not depend on Property, state the Place of Abode. Allen, John. House. Duke Street. 'ip*» (Signed) A. B. ^ C. D. >Overseersof,&c. E. F. y LISTS OF VOTERS (bOROUGHs). 41 able hours during the ten days next preceding the 15th of October [hereafter September]. " They must also sell a copy of each list to any Copies to be person requiring it, at the price of 1*. ; and all sums thus received by them are to be accounted for in their accounts as overseers. " When the barrister holds his court for revising To attend to the lists of voters for any new borough, or for any vising Bar- old borough where none but freemen used to vote (of the time and place of holding which court notice will be given on the doors of the churches and chapels), the overseers of every parish or township in any such new or old borough, or in any place sharing in the election for it, must attend at the Duty there. opening of the first court to be held for such bo- rough or place, and must deliver to the barrister their list of voters, and a copy of the list of the persons objected to ; and they must also attend the court during the time when their list of voters is Business of under the revision of the barrister, and they must clurts^of re- answer upon oath all such questions as the barrister j'smg bams- may put to them as to any matter upon which he may require information for revising their list, (see clause 50 of the Act,) and they must produce the rate book before him, in case he should demand it. (See clause 51 of the Act.) " The word ' Borough' throughout the foregoing instructions must be understood to extend to every city and borough, and county of a city or town in which none but freemen used to vote. 42 DUTIES OF OVERSEERS AND TOWN-CLERKS. List to be made of the persons quali- fied according to the 31st and 32d clauses. " Duties of Overseers with regard to the Lists cf Voters for those Old Boroughs (not disfranchised) where Freemen did not vote, or where others voted as well as Freemen. " The Overseers of every parish or township situ- ated either wholly or in part within any old borough where freemen did not vote, or where others voted as well as freemen, or within any place sharing in the election for any such borough, must perform the following duties with regard to the lists of voters for such borough : — " They must first make out (according to the form numbered 1. in the Schedule I., annexed to the Act,) an alphabetical list of all persons having the \0l. qualification in any such borough, or in the place sharing with it, in respect of pre- mises situated wholly or in part within their parish or township. (The 10/. qualification is created by the 27th clause of the Act, and is further explained by the 28th and 29th clauses. See also the 30th and 36th clauses of the Act.)* " They must likewise make out another list of all persons not having the 10/. qualification, but entitled to vote in respect of any right reserved by the 31st or 32d clauses of the Act, accord- ing as either or both of those clauses may ap- ply to their borough, or to the place sharing in the election for their borough. (See also the 35th clause of the Act). This latter list must be made out according to the form numbered 2 in the Schedule I. * See qualification, p. 20. LISTS OF VOTERS (bOROUGHs). 43 "The overseers must complete both of these lists Timeforcom- . . , pleting lists, by the last day of August, and, havmg signed &c. each of them, must procure a sufficient number of copies of each to be printed, both for the purpose of publication and of sale. " They must then publish them by causing a copy Time for pub- of each list to be fixed on or near the door of *^* *°°' every church and chapel in their parish or town- ship on the two first Sundays in September. " They must also keep a copy of these lists, which Copies to be they must allow all persons to inspect, without spection. payment of any fee, at all reasonable hours during the two first weeks after the lists have been made. "They are also bound to sell copies of each of Copies to be sold, and pro- these lists at a reasonable price to all persons duce to be ac- applying for them, and they are to account for the proceeds of the sale in their accounts as overseers. (See clause 55 of the Act.) " The lists for each parish or township being pub- Time limited lished, a certain period is allowed — viz. till the 25th objections. of September, for parties who have been omitted to give notice of their claim to be inserted in either of such lists, and also for parties to object to any per- sons inserted in either of such lists. " In all cases of claims the overseers of the parish Time for lists or township will receive, on or before the 25th of from the no- September, a notice of claim according to the form Jo ^^ over° numbered 4, in the Schedule I., and in all cases of ^^^"• objections they will receive, on or before the same day, a notice of objection according to the form num- / 44 DUTIES OF OVERSEERS AND TOWN-CLERKS. bered 5 in the Schedule I. They must then make out a list (according to the form numbered 6 in the Sche- dule I.) of all the persons so notifying their claims to them, and another list (according to the form numbered 7 in the Schedule I.) of all the persons as to whom they have received notice of objection ; Posting lists. and they must cause a copy of each of these lists to be fixed on or near the door of every church and chapel in their parish or township on the two Sundays next preceding the 15th of Octo- Copies to be bcr ; and they must likewise keep a copy of each of these lists, which they must allow all persons to in- spect, without payment of any fee, at all reasonable hours during the ten days next preceding the 15th of October. Sale and price "They must also scll a copy of each list to any of copies of ... 1 • n ■, in lists. person requiring it, at the price oi 1*. ; and all sums thus received by them are to be accounted for in their accounts as overseers. Duty of at- *' When the barrister holds his court for revising by overseers the lists of votcrs for any old borough where free- Courtof Re- ^^^ ^^^ ^^^ votc, or wherc others voted as well as visai, freemen, (of the time and place of holding which [See court of ' \ *^ ° revising bar- court uotice wiU be givcu on the doors of the churches and chapels,) the overseers of every parish or township in any such borough, or in any place sharing in the election for it, must attend at the ■ opening of the first court to be held for such bo-"i rough or place, and must deliver to the barrister their lists of voters, and a copy of the list of the persons objected to. They must also attend the rister.] LISTS OF VOTERS (bOROUGHs). 45 court during the time when their lists of voters are under the revision of the barrister, and they must answer upon oath all such questions as the barrister may put to them as to any matter upon which he may require information for revising their lists, (see clause 50 of the Act,) and they must produce the rate book before him, in case he should demand it. (See clause 51 of the Act.) " The word ' borough' throughout the foregoing instructions must be understood to extend to every city and borough, and county of a city or town where freemen did not vote, or where others voted as well as freemen. Addressed to all Overseers with regard to Lists of Voters for Boroughs. " The word * borough' throughout the following Expenses of instructions must be understood to apply to all cities, frayed from boroughs, and counties of cities and towns. poor-rate. " All the expenses incurred by the overseers of any parish or township within any borough, or within any place sharing in the election for any borough, in making out, printing, and publishing the lists and notices, and in carrying into effect the other provi- sions of the iVct with regard to the voters for such borough, will be defrayed out of the poor-rate of such parish or township. (See clause 56 of the Act.) " After the registration is completed, each voter on charge on re- the register will be liable to the payment of 1*., boroughs! " which is to be collected from him as a part of his contribution to the poor rate, and is to be applied to the same purposes as the poor rates. (See clause 56.) 46 DUTIES OF OVERSEERS AND TOWN-CLERKS. Where lists « If there happens to be no church or chapel in a and notices to . ■* . ^ be posted, parish or township, the overseers must in that case fix the respective lists and notices in some public and conspicuous situation in the parish or township. " The official directions then repeat the provi- sion, S. 38, (adapting it from S. 45, to boroughs) before stated as to counties in p. 34. .,i " By the 79th clause of the Act it is expressly pro- ' vided, that the words " parish or township" shall extend to every parish, township, vill, hamlet, dis- trict, or place maintaining its own poor, and that all the duties imposed by the Act upon overseers may be lawfully executed by the major part of the overseers. Power to " By clause 51, the overseers of every parish or overseers to inspect assess- towuship are empowered to inspect and make ex- tracts from the tax assessments for such parish or township,* on making a request for that purpose to the officers having the custody of those assessments. " The period for such inspection in the present year, as altered by the Order in Council, is from the 12th day of July to the last day of August." ^*«y It is almost unnecessary to state, that many of the duties to which the foregoing directions relatei^, are, in cities and boroughs, to be participated in by the Town Clerks or (by proviso, section 46,) the civil officer acting in his stead. Where a party requiring to be inserted in a bo- rough list, claims as freeman^ he must address his * Between the 1st of June and the 31st July. LISTS OF VOTERS (lONDOn). 47 notice to the t(nvn clerk, who must thereupon make out for posting on or near the door of the town-hall, a list headed and columned in this form : The following Persons claim to have their Names inserted in 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 ], entitled to vote in the Election of a Member [or Members] for the said City [or Borough]. Christian Name and Surname of each Claimant at full length. Place of Abode. /o- j\ A T> > Town Clerk of the said City (Signed) A. B. J ^^ ^^^^^^^ ^^ p,^^^ -j Section 3. Framing the London List of Voters. In London (in respect of liverymen) the duties s. xlviii. which, in other cities, &c. devolve on the overseers cierkTof and town clerks, in giving effect to list-making, are plnfes.^*"" cast upon the several clerks of the respective livery companies, subject to the mandate of the returning officer of tfee city. By the 48th section it is provided that the return- Dmies of ing officer or officers of the city shall, on or before oSs?^ the last day of July yearly, issue precepts to the clerks of the livery companies, requiring them forthwith to make out, or cause to be made out, at the expense of the respective companies, an alphabetical list, according to the form in the Schedule (K.), of the freemen of London, being liverymen of the said respec- tive companies and entitled to vote in the election of members of parliament for London. The form of heading of that list, and of the heads Form of list. 48 Form of list for London. Sched. K. Sect. 48. DUTIES OP LIVERY CLERKS (lONDOn). of the two columns of which it is to be composed, are given as dictated (p. Ixxxii.) below. Every livery clerk must sign such list, and trans- mit it with two printed copies to the returning officer or officers, who shall forthwith fix one such copy in the Guildhall and one in the Royal Exchange of the city, for fourteen days in every year. Clerks of livery companies shall cause a sufficient number of such lists to be printed at the expense of the companies, and keep them, to be perused by any person, without payment of fee, during the two first weeks such lists shall have been printed. A List of such of the Freemen of London as are Liverymen of the Company of entitled to vote at the Election of Members for the City of London. Christian Name and Surname of the Voter, at full length. Street, Lane, or other Description of his Place of Abode. (Signed) A. B. Clerk. The List of Claimants to be published by the re- turning officer of London is similar to that of town clerks in principle, but it is not signed. The form is this — The following Persons claim to have their Names inserted in the List of Persons entitled to vote as Freemen of the Citj? of London and Liverymen of the several Companies therein in the election of Members for the City of London. Christian Name and Surname of Claimants at full length. Place of Abode. CLAIMING REGISTRATION. 49 CHAPTER VI. Of the Proceedings necessary to effect the Voter's Registration. — S. 38. Section 1. Registration is the principal act required by the ^j^.^ new Law on the part of the voter, in support of his Registration. right of voting. All other acts and precautions are merely preliminary to this. It is also the first duty demanded of persons re- quired to give effect to the statute by acting minis- terially and officially in promotion of its provisions. It is made in effect a foundation of the enjoyment of the elective franchise, and it should be the first care both of candidate and elector. It may be con- sidered in many respects as being the very basis of the Bill itself, with reference to its objects in new modelling the practice of election proceedings. . This prominent object of the Act, therefore, merits, and must be given in an emphatic and con- spicuous position in any well arranged treatise on the subject of the new Election Law. Vitally important, however, as this momentous topic on the subject of Election Law is, yet, to avoid repetition and redundancy, the reader is referred to those portions of this work which point out and treat of the duties of the various officers and others, on whom such duties devolve, for much of D 50 CLAIMING REGISTRATION. Claim of the information, as to the time, means, mode, manner. Registration. j , » 7 7 j and general practice of eflPecting registration of electoral rights attempted to be furnished in this compendium. Basis of light The foundation of the right of registration is the toberegis- . , i./» • . , tered, title to qualification ; in other words, to be entitled to be registered as an elector, the claimant must have a right to a qualification to vote : he must also place himself, by observing certain conditional preli- minaries, in a condition entitling him to be registered. The nature of the various qualifications confer- ring a right to vote at county elections, has been already very fully and carefully, but plainly and synoptically stated and explained in the Section on that subject. Either and each of such qualifications as there stated, with the necessary incidents creating a claim to vote, establishes a right to register. The word registered is there used to attract attention to the necessity of registration, and as completing the e^ec' tive title to exercise the right of voting. For the same reason, where possession, occupa- tion, or other beneficial enjoyment of the property is made necessary to a right to be registered, it is there stated as part of the qualification, because it is essential to its perfection for conferring a vote. Registration is made necessary in all cases without any exception, by the qualifying Sections of the Act. It will be useful to parties to know precisely and distinctly what it will be necessary for them to do ACTS FOR EFFECTING REGISTRATION. 51 to procure the insertion of their names and qualifi- EfiFecting ^ . , . Registration. cations on the register, and it will be convenient that the proceedings for that purpose should be stated singly without reference to other topics or the acts of other persons. Section 2. Acts of Parties necessary (in prosecuting their claim to vote) for effecting the registration of their names and qualifications. Registration must be effected by the party claim- Claim to vote . , . n 1-n • ^^^ counties, ing a right to vote m respect of qualification, by and notice to . be enlisted. taking certain prescribed steps on notice by the overseers of the lists of voters being about to be made up for counties, or on publication, by posting of the lists actually prepared and published by the overseers and town clerks for cities and boroughs. The first step to be taken by the party himself towards his being inserted in the register, is to pro- cure his name to be inserted in one of the several lists of voters, by making claim of enlistment. In listing the voters for counties, the overseers take the names which form the list, and the address or place of abode, the nature of the qualification, and the local situation, from the voter himself, to be accurately furnished by him in the notice of claim required to be sent in to the overseer by the claimant. To entitle the claimant, therefore, to vote in County elections, he must, on or before the 20th of July, require his name to be inserted in the forthcoming list, of whieh notice shall have been given by the D 2 52 ACTS TO EFFECT REGISTRATION — COUNTIES. EflFecting RegistxatioQ. Notice of claim to be put in list. Form of notice. S. XXXVI. Payment of a shilling. Piln of exclu- sion from re- gister. overseers, or persons acting as overseers by office or appointment. This is to be done by delivering or transmitting to the overseers, or persons acting as such, on or before the 20th of every July, a notice of their claim in the following terms, which are those prescribed by the Act, Schedule H. No. 2, p. Ixxv. I hereby give you notice, that I claim to be inserted in the list of voters for the county of [or for the riding, parts, or division of the county of as the case may be,'] and that the particulars of my place of abode and qualification are stated below. Dated the day of in the year (Signed) John Adams. Place of abode, Cheapside, London. Nature of qualification, freehold house, [or warehouse, stable, land, field, annuity, rent-charge, &c. as the case may be, giving such a description of the property as may serve to identify it.] Where situate in this parish [or township,] King-street. [If the property be not situate in any street, lane, or other like place, then say, " name of the property, Highfield Farm," or, ** name of the occupying tenant, John Edwards."] To render such claim effectual, it is expressly made necessary that the person so claiming shall, upon giving the required notice, pay, or cause to be paid, to the overseers the sum of one shilling. It does not, however, seem to be necessary that the shilling should be paid at the time, as it is immedi- ately afterwards provided, that the notice of claim shall not be deemed valid until such sum shall have been paid. Omitting so to make claim by such notice and payment will exclvde from ^Ae Register. The ex- clusion is probably not to be permanent but for the ACTS TO EFFECT REGISTRATION — COUNTIES. 53 particular year only. The clause does not contain EflFecting -,• I'n • - n Registration. this important disqualiiymg enactment, it forms part of the notice, p. 25, merely, which falls short in this material respect. In case the overseers should not insert in the list the name of the party so having given notice of his s. xliii. claim, it is expressly provided by the 43d Section, to^revising'^ that the revising barrister shall have power to sup- ^ng^J.^Jo^^"'^ ply the omission on proof of notice, and the right of the party to have been enlisted as a voter for a county on the last day of the preceding July. One mode of redress, therefore, furnished to the qualified person omitted from the list by the over- seer, is by application to the revising barrister at one of his public sittings, or courts for the revisal of lists, requiring of him that the applicant's name may be inserted therein. For that purpose the Act requires proof to the satis- preliminary faction of the barrister, that the complainant gave due Soti'ce^and notice of his claim to the overseers, and that he was, on the last day of the preceding July, entitled to have his name placed on the list of voters in the election of a knight or knights of the shire, for the county, or part of county, within which the particu- lar overseer's parish (&c.) is situate, in respect of qualifying property within the particular parish. The party should also prove that the sum of one s. se. shilling was paid, or caused to be paid, to the over- payment of , p , . . .the exacted seer on the part ot the person giving notice oi his shilling. claim upon delivering or transmitting the notice on or before the expiration of two weeks after the lists s. 38. 54 ACTS TO EFFECT REGISTRATION COUNTIES. S. 38. S. 40. shall have been made, or at the farthest, before the 29th of August in each year, the day on which the overseers are required by the 40 th Section of the Act, to deliver up the lists to die high constable of his hundred, or other like district. The Act expressly requires that the shilling shall be paid or be caused to be paid, and does not pro- vide that a tender shall be sufficient; but actual proof of a legal tender would be matter for the con- sideration of the barrister, as whatever might be the penalty on the overseer, the elector might otherwise be ousted of his right by the perverseness or more culpable conduct of that officer. Proof of claim. Claim. New axiom of election law. Policy of provision-. The next condition, having proved his claim duly madef expressly required by the Act is, that the claimant prove his claim, that is, that he prove him- self to have been entitled on the day mentioned to have been put in the county voters' list. This seems to involve that he must prove a qua- lification in respect of property which would consti- tute a title to vote for the county, and would not then have given him a right to vote for any borough. The latter negative quality of the county qualifica- tion is now become a necessary essential to a right of voting in the choice of knights of shires for Par- liament, because it is a new axiom of the present Election Law, that a title to vote at county elections will be defeated by a possible right being conferred thereby to vote for borough representation. This appears to be founded on the policy of restraining certain landholders to qualify as of the ACTS TO EFFECT REGISTRATION BOROUaHS. 55 trading class of the people amongst whom they dwell, and so unite on an old principle of balancing ascen- dancies. Generally speaking (with the above exception) a title to vote, or a qualification as a voter, gives a right to registration, and entitles the voter to demand to be registered. The party aggrieved by the omission from the list of the overseer, having proved to the reasonable satisfaction of the revising barrister his having made claim and possessing title, is in a condition to insist on insertion in the list, a right demandable from the barrister ex dehito justitice at his pecuniary peril. Section 3. In Boroughs. In boroughs, on the contrary, the lists being made I'irftstep to out arbitrarily by the officers, the claimant must borough lists. inspect them, in order to ascertain whether his name be inserted or omitted. If omitted, the first step to s. 47. be taken by the party desirous of claiming a right to vote is to give, on or before the 25th day of August following the affixing the lists to the church or chapel doors, the prescribed, (p. Ixxix), Notice of Claim to be put into the List. Notice of claim of in- To the Overseers of the Parish [or Township] of sertion. or to the Town Clerk of the City [or Borough] of Form of or otherwise, as the case may 6e.] notice. I hereby give you notice, that I claim to have my name in- serted in the list made by you of persons entitled to vote in the election of a member [or members] for the city [or borough] of , and that my qualification consists of a house in Duke 56 ACTS TO EFFECT REGISTRATION — BOROUGHS. Street in your paiish, or otherwise [as the case may be] ; [and i« the case of a Freeman, say, and that my qualification is as a freeman of , and that I reside in Lord Street in this city or borough]. Dated the day of one thousand eight hundred and thirty. (Signed) John Allen of [place of abode]. Demanding If the claimant have not been rated for relief of to be rated to .... _ i • i /. the relief of the poor, which IS made necessary to the right of the poor, and , , ^ ^ paying or voting in boroughs, in respect of property therein, amount due. by the 27th Section, he should (as empowered by the 30th Section) demand or claim to be rated thereto in respect of his qualifying premises, and pay or tender the full amount of the rate or rates then due in respect of the property. If the requisition to be inserted in the list be founded on the ground of the claimant being an occu- pier of a house, &c. of the real value of 10/. he must have paid his poor rates and assessed taxes to the 6th of April. Section 4. In London. London. In London, by special provision of the 48th Sec- tion of the Act, the notice of claim of insertion in the list of freemen being liverymen of companies, he must give or cause to be given a notice of his claim both to the returning officer of the city and to the clerk of the particular livery company, in the list of which he claims the insertion of his name. The form of such notice is like that of all the others given by the Act, p. Ixxxii, but notice to the same effect is made sufficient. ACTS TO EFFECT REGISTRATION — BOROUGHS. 57 This is the form furnished by the Statute : — To the Returning Officer or Officers of the City of London lor to the Clerk of the Company of .] I hereby give you notice, that I claim to have my name in- serted 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 livery- men of the said company [^or, in case of notice to the clerk, say, of the liverymen of the company of ] entitled to vote in the election of members for the city of London. Dated the day of /c- j\ A -D i Place of abode. (Signed) A. B. < -^ ' Name of company. Persons claiming insertion in the lists of voters for cities and boroughs, are not required, by the 56th Section, to pay a shiUing to the overseers on giving notice of claim, because it is by the same Section provided, that the having given notice of claim shall render him subject to be annually charged in the po9r's rate with an additional shilling, as part of the contribution to the rate payable by him, and as such to be collected or levied, and to be applied to the purposes of the rate for the relief of the poor. It is made a consequence of registration by express provision of the act, [Prov. S. 37,] that once regis- tered the voter, whilst retaining the same description, shall not be put to further claim. The consideration of the mode and course of pro- ceeding, in prosecuting objections to parties claiming to vote, properly follows the matter of this chapter on claiming to be registered, and will be the subject of the next. d5 58 OBJECTING TO VOTERS — COUNTIES. CHAPTER VII. Objecting to Enlistment Voters by Claimants OF Right of Voting — (Counties). Section 1. Objecting by Persons claiming or listed as Voters to the Title of others to vote or be enlisted amongst Voters. Subject of HAVING shown the practical means of prosecuting this Chapter. , . -r. • • i . claims to Registration, the practical measures for instituting and pursuing objections to such claims are now next to be stated. This, like the former, is a very important matter to the parties entitled to avail themselves of the provisions of the law in this respect. It therefore requires clear and explicit directions for their guidance. Objecting to County Voters. s. XXXIX. Persons having or claiming a right of voting for j^lfti'on^^tJ'^ any county or other place are given by the new law voters. ^^ a right of objecting to the title to enlistment or to vote for the same county or place of any other per- son enlisted or claiming to be enlisted as a voter there. Differs in The sitiiatiou of the person entitled to object and counties and i i /» i • • boroughs. the matter and mode of objection, are made by the Objecting to voters — counties. 59 warding of the various sections on this subject to vary very materially and essentially. In the case of objection to voters for counties, or Objectors and ... •11 1 1 • objections in parts of counties, it is required that the objector respect ot COUNTY must either actually he upon the Register for the voters. time being of voters for the county, &c. or he must obje*ct?^^ have claimed to he inserted in the list for the then current year. The objection to be made by this class of objec- General na- 1 • 1 • 11 ^"'^^ *^^ objec- tors must be, that the person whose right is so chai- tion. lenged was not entitled on the last day of July then next preceding to have his name inserted in any list of voters for the county, riding, parts, or division, to he made out by the overseers as directed by the Act. Every person so obiectinff must, on or before the Notice oi '' ^ JO' objecting to 25th day of August, (in this year, September,) for ^^ given to the purpose of giving effect to his objection, give or madeont the cause to be given to the overseers who shall have made the list containing the name of the person whose title is impeached, a written notice in the fol- lowing words, or in terms of similar import, p. Ixxvi. To the Overseers of the parish of [or township, a$ the case may he], I hereby give you notice, that I object to the name of William Ball being retained in the list of voters for the county of [or for the riding, parts, or division of the county of ]. Dated the day of in the year (Signed) A. B. of [Place of abode]. The person so objecting must also, on or before fnd in what the 25th day of August, give to the person objected nce'io\T' served. GO OBJECTING TO VOTERS — COUNTIES. Lists to be made and published. to, or leave at his place of abode as described in such list J or personally deliver to his tenant in occupation of the premises described in such list, a written notice in the following terms or tenor, p. Ixxvii. To Mr. William Ball. I hereby give you notice, that I object to your name being retained in the list of voters for the county of \m- for the riding, parts, or division of the county of J, and that you will be required to prove your qualification at the time of the revising of the said list. Dated the day of in the year (Signed) A . B. of IPlace of abode']. The overseers must make lists of the names of all persons so objected to, and cause copies to be fixed on the doors of the churches and chapels within their parish, in the manner and form before stated in treating of their duties, page 33, in the fol- lowing form, p. Ixxvii. The follovi'ing Persons having been objected to as not being entitled to have their Names retained in the List of Voters for the County of [or for the Riding, Parts, or Divisions of the County of .] Christian name and sur- name of each person ob- jected to. Alley, James . Ball, William Place of abode Long Lane, in this parish. Market Street, Lancaster. Nature of the supposed qualification. Copyhold field. Lease of ware- house for years. Street, lane, or other like place in this parish [or township] where the property is situate, or name of the property, or name of the tenant, John Edwards, tenant. Duke Street. (Signed) A. B."i Overseers of the parish C. D. > of [or township, as E. F. J the case may be,] OBJECTING TO VOTERS — CITY AND BOROUGH, 61 Section 2. Objecting to City and Borough Voters generally. In the case of city and borough voters objected s. xlvii. to, the persons entitled to object by the 47th section ^j'J^™^^ of this Act are, every person whose name shall have been inserted in any list of voters for any city or borough. Such persons may object to any other person General na- as not having been entitled on the last day of July jecUon. then next preceding, to have his name inserted in any list of voters for the same city or borough. All persons so objecting must, as in the case of Notice of voters for counties, on or before the 25th day of August, give, or cause to be given, a notice in writing 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, borough, or place, to the town clerk of such city, borough, or place. Such notice is prescribed by the Act, and must Form or tenor ^ . of notice. be m the following form, or to the like effect. To the Overseers of the Parish ^or Township] of [or to the Towa Clerk of the City ^or Borough] of [or otherwise, as the case mag be.'] I hereby give you notice, that I object to the name of Thomas Bates being retained in the list of persons entitled to vote in the election of a member [or members] for the city [or borough] of and that I shall bring forward such objection at. the «2 OBJECTING TO VOTERS — CITY AND BOROUGH. time of the revising of such list. Dated the day of in the year (Signed) A. B. of [Place of Abode. ;\ Overseers' The oDersecTS must also make a list of all persons lists of per- i • j t i t • sons objected SO Objected to, according to the directions of the Sjg Act, and cause copies to be fixed on or near the doors of the churches and chapels within their pa- rish or township, or if no church or chapel, in some public and conspicuous situation, on the two Sun- days next preceding the 16th day of September, in the following form, (p. Ixxx). The following Persons have been objected to as not being entitled to have their Names retained in the List of Persons qualified to vote in the Election of a Member [or Members] for the City [or Borough] of Christian name and Surname of each Per- son objected to. Nature of the supposed Qualification. Street, Lane, or other Place in this Parish where the Property is situate. // the Right does not depend on Pro- perty, state the Place of Abode. Bates, Thomas. Shop. Castle Street. (Signed) A, B.-) C. D. V E. F.j Overseers of, Sf.c. Every town clerk must make a similar list of the names of all persons so objected to as freemen in a list according to the Form in Schedule (I.),* p. Ixxxi, * That list is to be headed and framed thus : — Form of list of persons ob- Tpjjg following Persons have been objected to as having no right be made and to be retained in the List of the freemen of the City [or Bo- pablished by , town clerk. rough] of [or of being a place sharing in the OBJECTING TO VOTERS— LONDON. 63 and cause copies of such lists to be fixed on or near the door of the Town Hall, or in some public or con- spicuous situation, within his city, borough, or place, on the same days as in the case of the lists to be pubhshed by the overseers, and both are to likewise keep a copy of the names of all the persons claiming, and of all persons objected to, to be perused by any person, without payment of any fee, at all reasona- ble hours during the ten days next preceding the 15 th day of September, in every year, and they are required to deliver a copy of each of such lists to any person requiring it, on payment of one shilling for each copy. Section 3. Objecting in London to Parties in Livery Lists. There are some material distinctions in the provi- Difference in sions respecting objections in the city of London, objectlnrto which make considerable difference in the practice ters. as to the mode of conducting objections to the en- listment of liverymen. Election with the City [or Borough] of ], entitled to vote in the Election of a Member [or Members] for the said City [or Borough.] Christian Name and Surname of each Person objected to. Place of his Abode. (Signed) A.B. ^ Town Clerk of the said City I [or Borough or Place.] 64 OBJECTING TO VOTERS — LONDON. Form of no- tice of objec- tion. s. xLviii. The 48th section provides (the 47th section hav- Notice of ing declared who shall be entitled to object) that objection and ° '' ' . service. every person (that is, every person entitled to have his own name inserted) who shall 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, shall, on or before the 25th day of August in the present and in every succeeding year, give to such other person, or leave at his usual place of abode, a notice in writing according to the form dictated, or to the like effect, (p. Ixxxiii). The form is this : — To Mr. William Baker. 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, and that I shall bring for- ward such objection at the time of revising the said list. Dated the day of (Signed) A. B. IP lace of Abode.'] The form of the notice is necessarily essentially different from that required in the case of other cities, &c. The service is as in the case of counties to be served on the person objected to, but differing again from the service required as to county notices. This provision exacts that the service, if not personally effected, shall be by leaving the notice not at the place of abode as described in the list, but at his usual place of abode. The party objected to, again, being to be served, and not the officer making the lists, is another nota- ble difference, which must be borne in mind. Service of notice. Party to be served with notice. OBSERVATIONS ON FORMS OF NOTICE. 6^ Observation (general) on the Forms of Notice. It may be permitted to make one observation here which is applicable to all the notices of which forms are given above. There is a very material discrepancy between the terms of the notice and the sections which give the right of objection and those used in the forms of notice which those sections prescribe as the media of objecting, with reference to the matter and nature of the objection, which it may be worth while to point out. It is, that whilst the objection is in every case to be taken to the insertion of the name in the list, the notice goes to the name being retained therein. This makes the notice assume that the person considered objectionable is actually on the list, and such a no- tice would clearly be at least informal where the person to be objected to is as yet only a claimant for enlistment. His name, moreover, can never be on the list in such case until the last moment,, when it is dismissed completed by the revising barrister for enrolment amongst the county records, when objec- tion would be too late ; a voter not entitled might thus escape the more searching ordeal of an active objector in possession of a decisive objection to the right of voting then no longer impeachable. Whenever, therefore, the objectionable voter is not on the list, the notice should substitute the word " inserted" for the word " retained," and it must be served. m OBJECTIONS TO VOTERS. CHAPTER VIII. Objection to Voters on ground of Personal Incapacity or Incompetency. Incapacity OBJECTIONS on the part of votCTS to the right of voting, and incompe- . i ■• i /» • i-n tency to vote, throwing at once the burthen oi proving a quahnca- tion on the claimant, or person objected to, if qua- lification should be proved, and all the affirmative or positive requisites made necessary to perfect the claimant's right to registration be thereby so far sup- ported and established, it will be incumbent on the objecting party in that case to prove some incapacity or incompetency to exercise the elective franchise, or enjoy the right of voting, in answer to the fact of qualification, in order to defeat the right to vote, if he cannot counteract the proof of qualification, or the title to be inserted in the list of voters. It therefore becomes very material to know what constitutes incapacity or incompetency to vote, or what may be termed the personal disqualifications for the condition of electors of parliamentary repre- sentatives. Grounds of both. Distinguish- ed. The grounds of incapacity and of incompe- tency to vote are various in substance, nature, and degree. Incapacities are personal and legal, destroying and utterly extinguishing altogether the right, or rather the faculty and power, of voting. INCAPACITY TO VOTE. 67 Such as are merely personal, are the natural inca- Personal per- . manent inca- pacities of idiocy or permanently unsound mmd and padties de- sex. Insane persons, idiots, and women therefore to'^vote^ "^ can never have a right to vote. idiots, Tt • • 1 ' T • t ' • • Women. British peerage is a political incapacity to voting at elections for members of Parliament. Peerage. Those founded in common sense and usage are incapacities by common law. Some incapacities are merely legal, and declared ^^^^^ mcapa- by Statute. All persons convicted, in courts of law, of per- jury, or subornation of perjury, or of bribery at elections, are rendered incapable of voting by the 2 Geo. 2, c. 24, s. 6, 7, and 1 1 ; and 9 Geo. 2, c. 28. All offences inducing infamy incapacitate. Wilful omission from the registry of voters for the space of two years, incapacitates persons having old qualifications for voting in boroughs from ever voting. 2 W. 4, c. 45, s. 33. These are permanent, and apply generally. Incompetency to vote is founded on legal or po- incompeten- litical temporary disability, which does not destroy the right" "^ the capacity of the party to vote, but merely sus- pends the privilege in his person until he shall be- come competent, or his competency shall be re- stored to him. Gf these, some are general, and apply to all voters ; others are particular, and apply some to voters for counties, and some to voters for cities or boroughs. OBJECTIONS TO VOTERS. Alien birth. Foreign allegiance. Exceptions to disqualifica- tion of alien birth. The general grounds of incompetency are, 1. Lunacy is only an incompetency, because it does not apply at lucid intervals. 2. Alien birth and duty of foreign allegiance, is a common law ground of political incompe- tency ; but this may be removed in various ways and by several means, as tiie objection is subjected by Statutes to the following Exceptions. Denization by letters-patent. Naturalization by Act of Parliament. Service for two years on board British ships, 13 Geo. 2, c. 3, by virtue of royal proclamation, " all foreign Jews and Protestants, upon residing seven years in any of the American colonies, with- out being absent above two months at a time, and all foreign Protestants serving two years in a military capacity there, or being three years employed in the whale fishery, without afterwards ab- senting themselves from the king's do- minions for more than one year," and none within the capacities declared by 4 G. 2, c. 21, shall be (upon taking the oaths of allegiance and supremecy, or in some cases, making an affirmation to the same effect,) " naturalised, to all intents and puposes as if they had been born in this kingdom;" except as to INCOMPETENCY TO VOTE. 6^ sitting in Parliament, or being of the Privy Council, and holding offices or grants of land, &c. from the crown. 13 G. 2, c. 7, 20 G. 2, c. 44, 22 G. 2, c. 45, 2 G. 3, c. 25, and 13 G. 3, c. 25." Every foreigner and his family esta- blished in Great Britain, carrying on the Southern whale fishery, and im- porting the produce thereof for the space of five years successively, is de- clared to be entitled to all privileges of a natural born subject. 9>Q G. 3, c. 50, s. 24, 27, 28, and 28 G. 3, c. 20, s. 15. 3. Nonage, or minority, renders every person Minority. under the age of twenty-one incompetent to vote till the day before the twenty-first anniversary of his birth-day. 7 & 8 W. 3, c. 25, s. 3. 4. Commissioners, collectors, supervisors, gau- Officers of, and employed gers, or other omcer or persons whatsoever, in Excise. concerned or employed in the charging, col- lecting, levying, or managing the duties of excise, or any branch or part thereof. 5. Commissioner, collector, comptroller, searcher, customs. or other officer or person whatever concerned or employed in the charging, collecting, levy- ing, or managing the customs, or any branch or part thereof. 6. Commissioner, officer, or other person em- Distribution ployed in collecting, receiving, or managing ° "'^^p'- w» OBJECTIONS TO VOTERS. Persons em- ployed in re- spect of salt duties. any of the duties on stamped vellum, parchment, and paper. 7. Any person appointed by the commissioners for distributing of stamps; commis- sioner, officer, or other person employed in collecting, levying, or managing any of the duties on salt. Surveyors, &c. of win- dow and house duty, 8. Surveyor, collector, comptroller, inspector, officer, or other person employed in col- lecting, managing, or receiving the duties on windows or houses. Postmasters, &c. and per- sons in their employ. 9. Postmaster, postmasters -general, or his or their deputy or deputies, or any person em- ployed by him, or under him or them, in receiving, collecting, or managing the - revenue of the post-office, or any part thereof. Captains, &c. of foreign post-office packets. 10. Captain, master, or mate of any ship, packet, or other vessel employed by or under the postmaster or postmaster-general in conveying the mail to and from foreign ports. 1 1 . Any person who shall either during any elec- tion, or within six months previous to such election, or within fourteen days after it shall have been completed, be employed at such election as counsel, agent, attor- ney, poll-clerk, flagman, or in any other INCOMPETENCY TO VOTE. 71 capacity, for the purpose of such elec- tion, and shall at any time, either before, during, or after such election, accept or take from any such candidate or candi- dates, or from any person whatever, for, or in consideration of, or with reference to such employment, any sum or sums of money, retaining fee, office, place, or employment, or any promise, or any se- curity, for any sum or sums of money, retaining fee, office, or emplojrment. 7 and 8 G. 4, c. 37, s. 1. 12. Justice, receiver, or person belonging to the justices, re- poUce force, appointed by virtue of that persons be- . 1 . 1 • 1 1 n . ■ longing topo- Act, durmg the time he shall contmue Uce force. in such office, or within six months after he shall have quitted the same, rendered \ incapable of voting for Middlesex, Surrey, Hertford, Essex, or Kent, or for any city or borough within the metropo- litan district ; subject to a penalty of 100/. 3 G. 4, c. 56, s. 14, continued ' by 10 G. 4, c. 45, to the 5th July, 1832. 13. Justice, receiver, surveyor, or constable, ap- justices, re- pointed by that Act (at one of the eight vtyor or"con. metropolitan offices) during the time he poUce."*"*^ shall continue in his office, or within six months after he shall have quitted the same, rendered incapable of voting for Middlesex, Surrey, Westminster, or South' 7^ OBJECTIONS TO VOTERS. warA;; subject to a penalty of 100/. 10 G. 4, c. 44. Section 2. Objections from other incidental Causes denying to Parties the Right to Registration for Counties only. s. 24. 1. The qualifying property being a house, &c. in a city or borough, capable of conferring a vote for the city or borough. s. 25. 2. Having a tenant in occupation of the property in respect of which the qualification is set up, if it be of copyhold or other tenure than freehold, and be situate in a city or borough, and be of such value as would entitle the tenant to vote for such city or borough. 3. Non-residence for the whole time before regis- tration, where any such residing is made necessary to the right to be registered. 4. Omitting to give notice of claim, or non-pay- ment thereupon of the required shilling. Section 3. Objections on Incompetency to vote for Counties from incidental Causes^ where Party is already registered. s. 18. 1 . House, &c. in city or borough. 37 Prov. ' 2. That the qualification is not the same as that in respect of which the party is already registered. 3. That the party no longer resides at the place of abode where he is described as living in a former register. INCOMPETENCY TO VOTE. Jf In both the above cases the party, although registered, must make fresh claim, and become registered anew. Section 4. Objections of personal Incompetency to vote for Cities and Boroughs for want of Right to Registration. 1. Not being rated to the poor or church, or non- payment of rates due, in places where the old bo- rough and city qualifications have effect. Where the new qualification is the foundation of the right claimed, non-payment before the 6th of April, of all poor's rates and assessed ^' '^^' taxes duCf is also an incompetency. Rates to be due must be demanded; the s. 32. King's taxes are due when demandable, as due by virtue of the prerogative priority which protects the revenue duties, and these being imposed by act of parliament, and being a pub- lic impost, must be taken to be known to the party as to amount of sum and time of payment. 2. Non-residence for the whole time required by the statute. 3. Receipt of parish relief or other disqualifying s. ae. alms. This is a disability for twelve months after the receipt only. Section 5. Objections to Voting distinguished, from Objections to being registered* ^?The proof required in support of claims " to be 74 OBJECTING TO VOTERS. entitled to vote," [S. 37,] is, " that the party claim- ing (for shires) is (according to his notice) entitled to have his name inserted in the list of voters, [S. 38]. s.xxxviii. The ground of objection to be made by the Over- claim of right *^^^* ^° parties claiming to vote for Counties is, that to vote, by ^jig party claiming insertion on the List is not entitled to overseers- . . VOTE, and it is to be made by marginal note against his name, after having been first inserted in the list, s. XXXIX. The ground of objection to be taken to voters for sons*to7«f^" Counties, by other persons entitled to object by rea- ttonqfmme. g^jj Qjp bejng on the register, or oi having claimed to he inserted in the list of voters for a specific shire, is, that the party objected to was not, on the last day of the preceding July, entitled to have his name inserted in any list for the same County. In boroughs. The ground of objection to be taken by persons en- titled to object to any other person having his name inserted in the same list with his own, for any City S. 4y. or Borough, by reason of the objector having been inserted in any list of voters for the same City or Bo- rough, is precisely the same as in the case of Shires. Form. The form of objection, in both cases, is to Re- tainer of the Name on the List. Course of fjjg coursc of supporting objections will therefore supporting X A o J objections be by stages. before the rr^^ n • • i i /> • • i revising bar The first qucstiou raised before the revising bar- rister will be, whether the party objected to by the Question as . .„ . to right to overseers is entitled to vote. That question will in all such cases be resolved into another, and the inquiry to be prosecuted will be in effect whether the objected party is entitled to be registered. If OBJECTING TO VOTERS. '76 he is, his name must be retained ; if not, it must be struck out or expunged. The first point on the other hand to be deter- Preliminary mined, in the matter of objection by third persons, ?" right^r will be, whether the objector himself have claimed °^J^^'* :■'. to be inserted in the list, if it be a county case ; or IZiWhether he be actually on the list, if it be a city 4tGr borough case. w The second will be, whether the person objected Question of f to was, on the last day of the preceding July, enti- on last day tied to be inserted in the list. ""^ •^"'^' The affirmative of that position is first to be Oms on made out on the part of the claimant by positive '^ **™*" * ^, proof of the necessary title to be enlisted, that is, a qualification on the last day of July. If that be proved, the claimant stands rightly in Primd/ade . y, r ' 'o 1 • case. court on a prima Jacte case ; it not, he is at once put out of court. The right being shown, if it cannot be disproved To be rebut- by adverse testimony, it becomes the business of of incompe. the objecting party to make out a case of incapacity '^"*^^' [or incompetency] to vote at that time, (i. e. on the last day of July,) by law or statute. Such incapacity will be either some or one of the incapacities. negative disabilities to vote in the election of mem- bers to serve in parliament, in consequence of some ^iOr one of the requisitions made necessary to regis- 0jtration being wanting, as if any of the preliminary or Sfprecedent conditions have not been complied with, ?' which will extinguish, either for the time or for ever, the right in respect of the fwirticular qualification. E 2 \ 76 OBJECTING TO VOTERS. Or such incapacity may be the existence of some personal disability, depriving the person, who, though qualified in respect of estate or otherwise, and in all other regards entitled to be inserted in the list, and to be registered, is yet not in a condition to exercise the right of voting, which his title thereto or qualification would give him. Instance. The effect and pressure of such an objection will be this — that, admitting the party claiming the right to vote to have been then qualified in other respects, as that he was then possessed of the requisite quali- fying property, &c. it must be contended that still he ought not to be admitted to vote, inasmuch as he then (on the last day of July preceding) was in- capacitated from voting for some incapacitating reason then existing and in force ; as that he had been at that time convicted of perjury in a court of law, &c. &c. Effect. It should seem that if the claimant had been then (on that day) incompetent, from any of the various causes of even temporary incom]^etency hereinbe- fore enumerated, the objection must be allowed to prevail against him, although he may have since acquired or have been restored to competency ; as if he had been then a minor, but had since attained his full age ; or had held an office, &c. which he had since resigned. There may perhaps, in certain cases, be some hardship in this provision of the new law. REVISAL OF LISTS OF VOTERS. 77 CHAPTER IX. Revisal of Lists of Voters, Appointment and Business of Revising Barrister, and the Holding of his Courts. Section 1. Revising Barristers — Objects^ Course, and Business of Revisal. . To perfect the Lists of Voters for enrolment as re- Revisal of cords at the Quarter Sessions of the peace for coun- by revising , 1 1 • 1 1 • n 1 baristers. ties, they must be subjected to the scrutiny oi the various revising Barristers who have been favoured with the honour of fulfilh'ng the very arduous and hazardous duties of that important and serious ap- pointment. This scrutiny is the business of each at scrutiny. his courts of revisal within the circuit of his autho- rity. By those revising Barristers, all questions respect- to be final. ing votes are to be determined finally ; all doubts to be finally solved, and all difficulties for once and all are to be decisively obviated in the first instance, by anticipation, and before election. They are to adjudicate between parties claiming Objects of the .... - revisal of lists, and parties objecting to votes : they are to supply and estabiish- ... , 1 1 /. 1 mentofregis- the omissions, correct the errors, and defeat the try, and the importance machinations, and repress the abuses in their office <*f functions of revising of all the officers whose duty it is to administer to barrister. the due formation of a true and complete Registeif of actual legal voters in the choice of members to 78^ APPOINTMENT OF BARRISTERS represent the people in Parliament throughout Eng- land and Wales. They are to preserve to the true elector the un- doubted enjoyment of his legitimate franchise — to protect that franchise from invasion by the admis- sion of spurious votes — to surround the candidate with the security of a pure constituency — and assure to the Country a duly elected representacion in the Commons House of Parliament. These are the proposed results of the simple sys- tem of well-ordered and well-investigated regis- tration, prosecuted with zealous honesty by well- informed Officers, and consummated by the con- trolling judgment of able and experienced Barris- ters. Sect. 2. Power of Appointment in the Chief Justices and Senior Judges on Circuits. Power, mode. The Tcvising Barristers are to be appointed an- appointraent nually by the Chief Justice of the Court of King's of Revisers of "^ "^ ° lisu of voters. Bench for Middlesex, London, and Westminster, and the new boroughs in Middlesex, sometime in July or August ; and by the senior judge for the time being on the several circuits, for all other counties and boroughs, whilst travelling the summer circuit. The appointment is to be in the discretion of the judges, in whom the power is vested, subject only to the condition that no barrister, being a member of parliament, or holding any office or place of s. Liii. profit under the crown, shall be appointed. c^angenames, The Chief Justicc, and other appointing judges, ply oSIers!"*' are given power to appoint the same barrister for FOR REVISAL OF LISTS (COUNTIES.) 7& two or more counties and boroughs therein [S. 49]; and to change, to add to, or supply vacancies in the original appointments, as they shall see fit, or as occasion or necessity may require or demand. The object of the Court of Revisal being the ad- judication, by the revising Barrister, of the contested or challenged rights of persons enlisted as voters, or claiming so to be, the barrister, the legal person appointed to that judicial duty, is invested with con- siderable facilities for the performance of his duties ; and the statute has amply provided that all the aid which he can be supposed to require, shall be af- forded him by all parties capable of rendering him assistance or service. Members of Parliament, and barristers holding office or place of profit under the crown, cannot be appointed. [S. 41.] His powers and authority are made expressly commensurate with those of returning officers. His remuneration and reimbursement are spe- cially provided for by the 57th Section. The appointment disqualifies the barrister for Parliament, during office and for eighteen months after his appointment (». e» office). Section 3. Establishment of Courts ^ Duties and business of revising Barristers therein as to Lists of Voters for Counties^ The sections of the statute which constitute, regu- Sections pro- ° viding for re- late, and provide for the Court of revisal, are as ^»sai "^ ''sts ^ ' of voters. follows : 80 COURTS OF BARRISTERS. The appointment, change, and adding to number of revising barristers for counties, and their duties, and the assignment of their business, are provided for by the 41st, 42d, 43d, and 53d Sections. Those which relate to the revisal of the lists for cities and boroughs are the 49th, the 53d, the 50th, the 51st, and 52d. These Sections direct and authorize the appointment to the office, confer and declare its authority and powers, prescribe its duties and business, and dictate and describe much of their nature, execution, and performance, by the barrister appointed to it. Other Sections also mention incidentally some of the minor business of the revisor's duty. First act of The revising barrister having been duly appointed, which is merely by nomination, without other for- mality of appointment, his first duty is to announce his public sittings for the business of revising the lists made within his district. For that purpose he is required by the 41st Sec- tion to give notice of the holding (that is, of the times and places of his circuit, and of holding) his several courts, which must be on certain days be- tween the 15th of September and the 25th of Octo- ber* in each year. Courts for the Preparatory to the business of the revising bar- business of re- . 'in • 1 r- • visai of lists rister appomted lor counties, and parts oi counties, of voters for . , . . i, , 7 connties. he IS required to give public notice, as well by adver- tisement in some of the newspapers circulating within * In this first year of the operation of the Act, the tirae is changed by order of the King in Council, to the same day in the following months. FOR REVISAL OF LISTS (COUNTIES.) 81 the county, riding, parts, or division, as also hy a notice to be fixed in some public and conspicuous situation at the principal place of election for the county, and to be given [put up] three days at the least before the commencement of his circuit, that he will make a circuit of the county, riding, parts, or division for which he shall be so appointed, and s. 4i. the notice must specify the several times and places at which he will hold courts for that purpose, such N?f^<^« ^,*' ."'"- ^ t ' cult, ana time times being between the 15th day of September in- JoJjjf^gconns elusive, and the 25th day of October inclusive in every year, in which he will be directed by the ab- stract required to be furnished to him for that pur- pose by the clerk of the peace. Where more than one barrister shall be appointed Sitting of re • 1 n 1 1 • n ^ vising Barris- for the revisal oi the lists for the same county, ters. riding, part, or divison of a county, the Statute re- quires that they shall attend together at the same time and place, and that they shall hold their courts simultaneously, but severally, at such same place ; in other words, they are to sit at one and the same time and place, but not together. Section 4. Revising Barrister' s first Court for Counties. At the commencement of the first public sitting s. xlii. by each revising Barrister, or in the more digni- SJUjin" ** fying language of the Statute, at the opening of the first court to be held by him for his particular ^'^J.^ J''[ *'j^ county, or part of county, the clerk of the peace is vmerl'before required to produce or cause to be produced before Jfsle^'"^ ^^^' E 5 courts of revisal. 82 COURTS OF BARRISTERS him, the several lists of voters for the same county, &c. received by him from the overseers through the s. 40. high constable of the hundred, and to lay such lists before the Barrister for revision, parhhes'^to**^ The oversccrs of each parish and township who attend, &c. j^ade the lists of voters, are also required at the same time to attend the court and deliver to the barrister a copy of the lists of persons objected to, as made out by such overseers. It is then provided that the overseers shall answer upon oath questions put by the barrister. Examination This sccms obviouslv to imply that the barrister of overseers. '' ^ •' is to examine the overseers strictly as to the due performance of their duty, and the result. This, therefore, is an imperative and important part of his duty. In order to check the statements of the over- seers, the reviser should have the assessor, or other officers having custody of the duplicates, or tax as- . sessments, and the overseers having custody of the poor's rate, present before them with those assess- ments and rates ready to produce to him in court, according to the power given to him by the 51st Section of the Statute, s. xLiii. Omissions, by overseers, from the lists of voters for knights of the shire, it should appear, are first to be disposed of, on proof of due notice of claim given. Where the overseer has not objected, it may per- haps be taken that he has no knowledge of cause of objection. He will, of course, be able to say whether many acts within his own local and personal means of information necessary to give the right of voting have been satisfied, as residence, &c. FOR REVISAL OF LISTS (COUNTIES.) 83 There may be various causes of objection within the knowledge of the overseer at the time when he is attending the Barrister's Court, of which he was not aware, or which did not exist when in the earlier stage of his duty he would have been required to make a marginal note of objection on the lists which he had made. This will be the object of some of the earliest of the questions which the revising barrister should put to the overseer, in order to prepare himself for the discussion of objections and claims. Section 5. Objections by Electors, and Adjudication thereon. The next duty of the barrister revising the lists, investigation ,. , , p ,. i-TT of objections. accordmg to the order ot proceedmg to be implied from the collocation of progressive duties adopted by the 42d clause of the statute, will be to examine the list of objections, and cite the party objecting to support and make good his objection, either in person or by proxy. He must then require it to be proved to his satisfaction, that the person objected to was entitled on the last day of the preceding July to have his name inserted in the list of voters in respect of the very qualification therein described. This requisition of the Act involves three propo- onus of sitions. The onus of proof is thrown, by the fact of KSote''iie?on the objection made, on the voter to prove his claim; he must also prove it to be supported by and ^^^^ •** '* *° grounded on the particular qualification expressed in the list, which will have been transcribed from 84 COURTS OF BARRISTERS Future ground of objection. his own notice ; and, lastly, that it was a subsisting, valid, unobjectionable, and perfected qualification on the last day of July, so as to give him a title then to be inserted in the list. Objector then The qualification having been fully proved to the to substantiate ^ ° "^ ^ objection. satisfaction of the revising Barrister, the person who has to sustain his objection to the claimant's right to vote may then prove that the claimant was not entitled then to be inserted in the list, or that he was then, or has since become either personally or legally incapacitated by some law or statute from voting.* It will in aftertimes probably become a frequent source of successful objection, that the voter, though qualified, is not qualified as registered; or that though so qualified, he is no longer resident as there described, having since changed his place of abode ; and in either case he is no longer entitled to vote until he shall have made fresh claim to be registered anew. [S. 37. (Prov.)] * See chapter on incapacity and incompetency to vote. It would perhaps be an advantageous amendment, that the reviser of the lists should be required to state the short nature or at least general ground of the objection, and reason of his decision with reference to the right of petitioning, — as whether the claim or objection were allowed or disallowed by reason of property or competency, qualification or registration, and whe- ther the determination was founded on proof or absence of proof, on fact or on law, all of which may be done in three words, thus — Freehold not proved, or disproved — House in Borough — unsound mind — Collector of Customs, 6cc. &c. — not registrable (rates not paid), or on any other of the several objections to com- petency enumerated, distinguishing the ground of qualification from that of. registration. FOR REVISAL OF LISTS (COUNTIES.) 85 It is the duty of the reviser to retain on the lists s. xlii. the names of all persons who have not been ob- names!^^ ° jected to by any persons other than overseers en- titled to object to the retainer of names ; and also the names of all persons against whom the objectors do not appear, or if the objections made have not been supported by proof, where the objector attends or appears to substantiate them, and fails. If the objecting party establish his objection, or s. xlii. the claimant do not support his claim by evidence, nrmes!^'"^ it then becomes the duty of the revising barrister, after notice given to the party, or left at his place of abode, or delivered to his tenant, to strike out, or, as it is termed in the 42d and 50th Sections of the Act, expunge the claimant's name from the list, and place his initials in the margin of the list against the rejected name. By this SiCto? expunging, what- ever it is, or in whatever manner it is to be per- formed — whether by line drawn through it, or by the word expunged written against it, the name will be made to appear to have been improperly inserted. The reviser of the list will next have to inquire Names of and ascertain whether any of the persons whose deadTto be"*^^ names have been enlisted are since dead, and he from lists, must mark and obscribe with his initials the names of all such persons upon the list. Section 6. Correcting Mistakes in supplying Omissions of matter from County Lists. There is a special power given by the 4.2d Sec- s. xlii. tion of the Act to the reviser during his revisal, but mSe's"fn 86 COURTS OF BARRISTERS pfying^omlf-' "°^ afterwards, to correct mistakes in the lists, and tedparticu- to Supply palpable omissions, not of names and per- sons, but of matter necessary to perfect an imperfect insertion of an inserted name or person, on proof of such material mistakes, and on view of such omis- sions in respect of any of the particulars required by the Act to he inserted. Against the parts of the lists so corrected he must write his initials. If any omission of either of the necessary parti- culars required to be inserted in the lists, such as the Christian name or place of abode, nature of the qualification or local or other description of property, or name of occupying tenant, be omitted, and be not satisfactorily supplied, the reviser must strike out the name so informally and objec- tionably inserted, and write in open Court his ini- tials against the cancel, s. 52. These mistakes may be corrected and the omis- sions supplied, it seems, from information furnished by the party, upon oath or affirmation, to be ad- ministered by the barrister, at any time during his public sittings. Section 7. Adjudication of Claims of Persons omitted, s. xLiii. The objections to and mistakes in the insertion of claims of" of namcs being thus disposed of, the barrister re- rig t to vote, y-g^g ^^j jj^^g jQ determine on the validity of claims to the insertion in the lists of the names of claimants wholly omitted, i. e. of persons not in any manner inserted. The claimant must attend, or some person must FOR REVISAL OF LISTS (BOROUGHS.) 87 appear for him, in support of his claim, before the barrister, but he must not be attended by counsel. The requisite proof of the right in such case will Proofs, be precisely the same as that upon sustaining the right to be retained upon the list against the objec- tion of objecting parties or of overseers. Such proof must, however, be preceded in the cas6 of claims by preliminary evidence of due no- tice of claim, and the payment to the overseer of one shilling. If the claim be allowed, the barrister must insert Authenti- ' catmg mser- the name of the claimant in the list, and authenti- tions in lists, cate the insertion by wTiting his initials against the inserted name (Section 52d) in open Court. For disposal of settled lists, see p. 92. The foregoing summary of the appointment, busi- ness, and duties of the judicial revisers of lists of county voters will be in great part applicable to a statement of their duties in the revisal of lists for cities and boroughs. Section 8. Duties of Revising Barristers and Business of Cowrts for Boroughs. The revising barristers are required by the 50th s. l. Section to hold similar courts, for the same purposes, HstJ of voters . , . 1 . 1 1 for cities and Within each city or borough. boroughs. The same notice of three days is to be given of Notice of ,-.,,. n , 1 . , ^ holding courts the holding of courts ; but such notices are not to to be pub- . . , lished on be advertised, nor are the places where they are to church doors in city or be affixed or posted left to discretion, as it is ex- borough. pressly provided that they shall be published by 88 REVISAL OF LISTS OF VOTERS. fixing them on the church and chapel doors, if there be any in the city or borough ; but if not, they are to be posted in some public and conspicuous situa- tion in the city or borough. The overseers and town clerks of cities and bo- roughs, and the returning officers of London, and clerks of livery companies there, are to attend the courts of revisal, as in the case of the overseers of parishes in respect of county courts of revisal ; and the barrister is to proceed precisely in the same manner in the borough courts of revisal as to bo- rough and city lists as it has been shown he should proceed in the county courts in respect of the county lists of voters, as the two sections (42 and 50) are framed in precisely the same terms. Section 9. Power of Adjournment^ 8^-c. (general). s. Lii. By the 52d Section the barrister is empowered be adjourned generally to adjourn his courts from time to time, September to and from place to place, whether countv or city or 25th October. , , , , J J borough courts, between the 15th day of September and the 25th day of October, but not after the latter day in any year. Authority to jjg jg also bv the Same section empowered to ad- admimster •' ^ oaths. minister oaths or affirmations, on peril of perjury, to all objectors to and claimants to be voters, and persons requiring to be enlisted, or to have mistakes corrected or omissions supplied in favour or ad- vancement of their claims, and to the witnesses of such persons. SitneTser"^ From this section, and the total omission in the REVISAL OF LISTS OF VOTERS. 89 Act of any power to compel the attendance of per- sons to give testimony, it should seem that the whole investigation is to proceed on the evidence of the persons themselves objecting to or claiming to be voters, and their voluntary witnesses, and that of the overseers and other officers compellable to be present, who may be examined on such points as may be within their knowledge or means of information. It is made the subject of an express enactment by Parties not to •1 iiiTni .be attended the same section, that at the holding of the respective by counsel, courts the parties shall not be attended by Counsel. It may be suggested here, that a question will Extent of , , . , 1 . , eflfectofthat arise whether it was meant by this enactment, that provision or . iii/» 1 •• enactment. the parties shall not be attended before the revising barrister at all by any adviser or counsel^ using that ^^^^l of^any word in its wide and proper sense, not in its con- JdmissiWe'lf* fined and convential application, as indicating the <^""'^*^'- members of the bar ; and this mainly and princi- pally because the reason and object of the provision are obviously to save the time of the revising bar- rister and the consequent expense to the country, without regard or as paramount to the interests of the parties. If, as some will urge, the exclusion of barristers permits the admission of attornies, &c. to attend the parties before the reviser as their counsel, that object would be at once frustrated and de- feated, at least, if indeed the evil to be remedied would not be also greatly aggravated. The pro- vision so limited has the appearance of absurdity, and would be really a strange anomaly without* rea- son. Probably it was considered that it might be dOf REVISAL OF LISTS OF VOTERS. supposed that counsel at the bar (that is, barristers) would have a right to attend, and that exclusively; and therefore, if counsel must be taken to mean barristers, they were to be excluded by a specific declaration. Those who shall be of opinion that the wordci. ** counsel," expressed in the clause, is so confined,in must found the notion on the principle that counseliv/ being named operates to exclude from the inhibitionns those members of the other branch of the law who^sq are not named, on the axiom expressio unius est ex^h ckisio alterius. The answer to that is, the privilege of the attorney to represent parties is not alter but idem, differing only in degree, being the lesser and more limited right of the same kind, and founded on the same title ; and if so, another rule of con- struction applies — omne magis continet in se minus. And this argument is used h3rpothetically. — Parties are at present, in practice, attended and supported by counsel, on petitions against returns, before select committees of the House of Commons ; yet if a clause were introduced into the 60th Section of this Act, enacting that parties should not be attended by counsel, it would clearly exclude bar*«iff risters : but would it therefore admit attornies ? It is necessary in a work of this sort to point out for consideration each doubtful part of the subject : and without the minutest iota of regard for or value of either privilege, the doubt raised that all persons (whether law-men or laymen) being or professing to be of counsel with the party claiming the right of elector before the revising barrister, may be ex- REVISAL OF LISTS OF VOTERS. 91 eluded, is here expressed, because it is one of the first which will arise, and because in principle there is no pretence for limiting the exclusion to barris- ters, who are at least supposed or assumed to be more decorous, competent, and less intrusive than other assistants in discussion, whether they be the attorney of the parish or the schoolmaster of the village, to whom all the sound reasons for exclusion will apply, and from whom none of the objects of attendance on parties by counsel^ that is, at the bar,* are so reason- ably to be expected, namely, the exhibiting the legal rights of the claimant, and sparing labour and re- search to the barrister who is to adjudicate. At the same time it is not meant to be asserted that there are not amongst the very numerous and (individually) infinitely variable classes of attornies at law, intelligent persons, in all respects, fully as competent to such business and duty as most of the members of the bar, and it may even be admitted, that some of them are much more so than many of that forensic degree. That consideration, however, does not affect this question. It will be a matter to be settled between the barrister revising and the party attending as counsel, the former being placed between the horns of un- justifiable delay and an action for the exclusion. The only excuse to be found for giving so much space and time to this point is, that it is a matter of much importance both to the parties, to the legal • It should not be overlooked in a question of this nature, on such a subject, that the word " barrister" is always used in the Act where counsel at the bar are intended to be expressed. 92 REVISAL OF LISTS OF VOTERS. profession, and to the court, and will be a subject of dispute, if not cause of error. Parties may Althouffh, however, parties may not be attended perhaps at- . ^ *^ tend or ap- by counscl, there is no provision that counsel shall counsel. not appear for them, but without them, before the reviser, for the purpose of supporting objections or claims. It seems, therefore, that the party may be represented at the hearing, (though he cannot be attended) by counsel, or attornies, or any other person, whether at the bar or not. s. Lii. It is ultimately expressly enacted by the con- decision to be eluding clause of the 52d Section, that upon every hearing in open court, whether of claim or objection, the barrister shaW Jinally determine upon its validity. His powers. He is for that purpose invested with the like powers as returning officers had by law, and is authorised to proceed in the same manner (except where otherwise directed by the Act). Attesting In Order in some measure to solemnize and give authentic sanction to the proposed lists, this Section requires that the revising barrister shall, in open court, write his initials against the names struck out or inserted. Lists of per- There is no provision for disposal of the lists of sons objected to. names of persons objected to. Completion The last act required of the revising barristers is, and disposal of revised that they shall identify and authenticate the perfected lists, by signing each page of the several lists, so settled by them, with their names; all the correc- tions having been verified and marked as genuine by the initials of the barrister's name duly set against each part of the lists which contains any alteration. REVISAL OF LISTS OF VOTERS. &3 CHAPTER X. Result of Revisal and Effect of Decision. It appears from the preceding summary of his duties, that the revising barrister will have had to determine, first, what persons, that is, names, should be expunged from, or retained on, the lists, and what names should be inserted or remain omitted. There will have been made before him four dis- tinct classes or orders of questions for the consider- ation and conduct of the revising barrister, with respect to the rights of persons claiming, or objected to as voters, on which will depend the adjudication. The first and third are to be recorded by the act of expunging, (or striking out^ see Sect. 52,) or insert- ing ; each of which will be matter of act and fact apparent on the lists themselves, and will be further solemnized by the act of the formal attestation of the barrister, in obscribing against the still legible name the initials of his own. This ostensibility was necessarily and wisely, and is obviously the advised object of the legislature in dictating the means and progress of making, amending, correcting, revising, and completing, the lists of voters ; and the prudence and precaution of the required course will ensure the fairness of the proceedings, by guarding against fraudulent acts and the security of concealment. The second and fourth, however, that is, adjudi- cated omissions and retainers, will not appear ; for the only mode of effecting the decision — that a name 94 EEVISAL OF LISTS OF VOTERS. has been rightly and properly omitted or inserted, is by refusal to insert or expunge it. This necessary exception, from the advantageous regulation requiring visible traces of the determina- tion and performance of a positive act to appear on the face of the record, in proof of its authenticity, will be found to lead to some difficulty with refe- rence to the 60th Section of this Statute, which will be pointed out when it shall come under considera- tion in the chapter on Petitions, s. Liv. AH the lists so corrected, " settled," signed, and authenticated, are required to be disposed of by the revising barrister, according to the provisions in that respect of the 54th Section of the Act. Couuty lists Thus the lists of voters for counties are, when so mitted to perfected in substance and in form by the barrister clerks of ^g above described, to be by him forthwith trans- records. MITTED to the clerk of the peace for the particular county or part of county for which such barrister shall have been appointed [Section 54], for the pur- pose of being enrolled or deposited and preserved amongst the records of the sessions, arranged ac- cording to hundreds, in alphabetical order. Borough lists The lists of voters for cities or boroughs the re- ed to retum-'^ vising barrister is required to deliver forthwith to mg officers, ^jjg returning officers for the particular city or bo- rough to which each belongs. Registers. From those lists the clerks of the peace for counties and divisions of counties, and the returning officers for cities and boroughs, are to make the books which are to be the registers of the electors to vote in the choice of members of Parliament. THE REGISTERS* 95 CHAPTER XI. The Registers. n -9 Tormation of Registers of Electors to vote at Elections in the Choice of a Member or Members to serve in Ui . Parliament for Counties^ and Divisions of Counties, Cities and Boroughs. cuf^H-E clerks of the peace for counties, and the s. liv. returning officers for cities and boroughs, having f^^^m^^ received the lists of voters, signed by the barrister, f opj^^ into ° •' books. are thereupon required forthwith to cause them to be fairly and truly copied* in the same order, in • It is to be regretted that there should have been any doubt suffered to obtrude on this point, but some difficulty will be generated by the absence of more explicit instruction to clerks of the peace, on the subject of making the books to be the Regis* ters of Electors. Although they are expressly directed to cause the Lists to be fairly and truly copied into the books, yet the general tenor and apparent objects of the clauses prescribing the use and application, and declaring the effect of the Registers, induce an implied assumption that they are to contain the Names inserted and retained, and those alone. The books are declared in all the clauses which speak of them, to be designed to be the Registers of Persons entitled to vote, not of persons claiming or having claimed a right to vote, and having a right to tender votes, and some of the sections provide for omissions from the Registers. An advantage of much importance would accrue from the Registers being full and true copies of the Lists (or at least that such copies should accompany the production of the Register) in this — that the returning officer would be enabled, to a certain extent, to know what persons might lawfully tender votes, (though not registered, and therefore could not actually vote,) for the purpose of challenging the registration, or " impeaching the Register." He would, it is true, not see there the con- firmed omissions, and this is an obvious disadvantage of suffer* ing anj names to be omitted, in not furnishing the names of 96 THE REGISTERS. To be deliver- ed to the sheriff. Such books to be the Kegisters. books to be by them provided for that purpose, prefixing to every name so copied out its proper number, beginning the numbers from the first name, and continuing them in a regular series down to the last name : and they are required to complete such books on or before the last day of October in every succeeding year. The clerks of the peace must deliver the books so made out by them to the sheriff of the county, or his under-sheriff, who is safely to keep the same, and at the expiration of his office to deliver them over to the succeeding sheriff or his under-sheriff. The returning officers for cities and boroughs are required to deliver over the books, (being their Registers,) together with the lists, at the expiration of their office, to the person succeeding to their duty. It is then enacted and declared, that every such book to be so completed, shall be deemed the Re- gister of the electors to vote,* after the end of the present Parliament, in the choice of a member or members to serve in Parliament for the county, riding, parts, or division of a county, city or bo- rough, to which such register shall relate, at any election which may take place after the said last day of October in the present year, and before the first day of November in the year one thousand persons entitled to make tender for that raost consequential pur- pose, which would enable him to exclude impertinent attempts to embarrass the polling, by fictitious objectors causing unr founded anxiety. This would also be of considerable service on subsequent re- visals in case of future claims by the same persons. * i. e. entitled to vote.— See Sect. 37. THE REGISTERS. D7 eight hundred and thirty-three; and every such book to be so completed on or before the last day of October in the year one thousand eight hundred and thirty-three, and in every succeeding year, shall be the register of electors to vote at any election which shall take place between the first day of No- vember, inclusive, in the year wherein such respec- tive register shall have been made, and the first day of November in the succeeding year. By Section 55 these officers are to procure copies s. lv. to be printed for public sale. Thus is to be formed the several Registers of Electors for the various counties and divisions of counties, cities and boroughs of England and Wales, being Volumes made up of transcripts of the Lists of Voters, as revised and adjudicated by the revising Barrister, and so moulded and matured by such revisal into Records of Electors formally adjudged and determined to be qualified to vote, so long as they shall retain the very qualification, and reside at the same place of abode. Such books may be aptly entitled " Register of Title of regi»- Electors to vote in the Choice of a Member [or Mem- bers] to serve in Parliament for the County of [or Division, &c. or City or Borough of ] &c. as the case may be, with reference to the place for which it has been compiled,] for the Year, (&c.) Written or printed copies of these books are to be made by the clerks of the peace for counties, and by returning officers for cities and boroughs, for sale to all persons applying to purchase them. ^' THE REGISTERS. Register con- The names which each register shall contain will elusive. ijg ^Yie nomenclature of all persons entitled to vote for the place to which it belongs, without impeach- ment or other question at the time of polling than as to the identity of name and person, singleness of vote, and retainer of qualification. A very im- , '' portant consequence of the insertion of names in the register is, that no person whose name shall appear there, shall be subject to any scrutiny by or ' before any returning officer, with regard to his vote given or tendered by him at any electionof mem- bers to serve in any future Parliament. s. Lx. The several registers, however, may be brought of register i^to question and subjected to revision by a select bXretefect Committee of the House of Commons, upon Petition Committee to that House, complaining of an undue election or on complaint . or defence of retum of a representative of the people to serve in election or -n t return to the Parliament. CommonL ^^ ^"^h casc, either the petitioner or the defender of the election or return will be at liberty to impeach the correctness of the register of votes in force at the time of the election, by proving that in consequence of the decision of the revising barrister, either as to the insertion or the retainer of persons' names on the register, or that the omission therefrom of a vote ten- s. 69. dered at the election (under the 59th Section) was improper, to abide the determination and report of the committee, as to amendment by the House. In the mean while, the right of voting is made per- fect by the fact of registration, conclusively evi- denced by the Register. CANDIDATES FOR REPRESENTATION. 9ft CHAPTER XII. Candidates for Representation of the People IN Parliament, and their Qualification. Section 1. Candidates. The Reform Act relates wholly to the rights and Candidates privileges of such of the people as are entitled to sentation of . , , . ^ , the people as vote in the election of members to serve the Coun- members of I the House of try in Parliament. Commons, It also professes to prescribe very briefly some of the leading forms and ceremonies to be used and observed at the election of representatives from amongst the candidates for representation, and dic- tates the proceedings to a certain extent, and the places and positions for conducting the polling of the electors and taking their votes. It leaves untouched as it found them, the laws respecting candidates for representation, and the persons to be delegated by the people for perform- ance of that duty which their interests and the popular proportion of the legislative business of Parliament demand. The persons desirous of the honour of serving their country in Parliament, or anxious to promote F 2 100 CANDIDATES FOR REPRESENTATION. by their aid the prosperity of the public affairs in the capacity of members of the House of Commons, usually solicit from constituents the position of a seat in that national assembly. A few also, on the other hand, in whose competency and integrity large or entire bodies of any particular constituency have confidence and faith, are sometimes successfully solicited to take on themselves the duties and re- sponsibilities of that station, by the acceptance of their suffrages in effecting the return of the indivi- dual so selected by the electors. These persons are candidates for the counties, cities, and boroughs of the country. Qualifica- tion. Property. Amount of qualification. Section 2. Qualijication of Candidates. To be a candidate for a place returning members to Parliament, legal qualification is indispensably necessary. The qualification required by law to constitute a candidate for a seat in the House of Commons consists rather of negative than positive predica- ments, or what such persons should not be, rather than what they are required to be, in order to be fit and proper persons for popular representatives. The only positive requisite of qualification in members of Parliament is that of property. To be qualified to represent a county or shire, that is, to be a knight of a shire, in the phrase of CANDIDATES FOR REPRESENTATION, 101 Election Law, it is expressly made necessary by the 9th of Anne, c. 5,* that every knight of a shire shall have a clear estate of freehold or copyhold of the value of 600Z. per annum, and every citizen and burgess to the value of 300/., except the eldest sons of peers and of persons qualified to be knights of shires, and except the members for the two Uni- versities. The possession of such a qualification must be verified on oath by the candidate when returned, according to particulars thereof in writing, to be delivered in by him at the time of taking his seat. • The words of the statute are negative, — " That no person shall be capable to sit or vote as a member of the House of Commons for any county, city, borough, or cinque port within that part of Great Britain called England, the dominion of Wales, and town of Berwick-upon-Tweed, who shall not have an estate, freehold or copyhold, for his own life, or for some greater estate either in law or equity, to and for his own use and benefit, of or in lands, tenements, or hereditaments over and above what will satisfy and clear all incumbrances that may affect the same, lying or being within that part of Great Britain called England, the dominion of Wales, and town of Berwick- upon-Tweed, of the respective annual value hereafter limited, viz. the annual value of 6001. above reprizes, for every knight of a shire, and the annual value of 3001. above reprizes, for every citizen, burgess, or baron of the cinque ports ; and that if any person who shall be elected or returned to serve in any Parlia- ment as a knight of a shire, or as a citizen, burgess, or baron of the cinque ports, shall not at the time of such election and re- turn be seised of or entitled to such an estate in lands, tene- ments, or hereditaments, as for such knight, or for such citizen, burgess, or baron respectively, is hereinbefore required or limited, such election and return shall be void." 102 {TAISrDIDATES FOR REPRESENTATION. Provided he have this qualification of property, every subject of the realm is eligible as a member of Parliament of common right, so that he come not within any of the restrictions, and be obnoxious to none of the disabilities about to be enumerated as disqualifications for a seat in the House of Com- * It may at least amuse the curious reader, to learn that certain moral qualities, indeed, or properties, are stated to be necessary to Parliament men upon the high authority of the rolls of Parliament, which have elicited the grave approbation of Lord Coke,t who cites the roll, adding something of his own thereto, with much appearance of satisfaction and considerable quaintness and solemnity. His words are, " It appeareth in a Parliament roll, that the Parliament being as hath been said, called commune concilium, every member of the House being a counsellor, should have three properties of the elephant j first, that he hath no gall ; secondly, that he is inflexi- ble and cannot bow ; thirdly, that he is of a most ripe and perfect memory ; which properties, as there it is said, ought to be in every member of the great councell of Parliament. First, to be without gall, that is, without malice, rancor, heat, and envy j in elephante melancholia transit in nutrimentum corporis. Every gallish inclination (if any were) should tend to the good of the whole body, the common wealth. Secondly, that he be constant, inflexible, and not to be bowed, or turned from the right, either for fear, reward, or favor, nor in judgment respect any person. Thirdly, of a ripe memory, that they remembering perils past, might prevent dangers to come, as in the roll of Parliament it appeareth. Whereunto we will adde two other properties of the elephant, the one that, though they be maximae virtutis, et maximi intellectus, of greater strength and understanding, taraen t 4th Inst. DISQUALIFICATION OF MEMBERS. 103 Section 3. Disqualifications for sitting in Parliament as Members of the House of Commons. The various causes, sources, and incidents of dis- Disqualifica- tions. qualification of persons otherwise qualified to sit as members in the Commons House of Parliament, are founded on and proceed from the law and custom of Parliament, or the several statutory enactments from time to time made for the regulation of the law in this respect. It will very much shorten this enumeration to state All the inca- . . . pacities and m one sentence that all the mcapacities and mcom- incompeten- . cies ennme- petencies which are set forth as disqualifymg elec- rated in p. 68. tors, are disqualifications for a seat in the House of Commons as a Member of Parliament. To those may be added the following disqualifi- cations : — 1. Appointment as revising Barrister, 2 W. 4, c. other dis- 45, ss. 41, 49 ; and for eighteen months from the Jrediwments. time [duration] of his appointment, 2 W. 4, c. 45, s. 41'. ss. 41, 49. gregatim semper incedunt, yet they are sociable, and goe in companies : for animalia gregatia non sunt nociva. Sociable creatures, that goe in flocks or beards, are not hurtfull, as deer, sheep, &c. but beasts that walk solely, or singularly, as bears, foxes, &c. are dangerous and hurtfull. The other, that the ele- phant is philanthropos, homini erranti viam ostendit, and these properties ought every parliament man to have." 104 CANDIDATES FOR REPRESENTATION. 2. Appointment of Assistant Barrister in Ireland, '36 G. 3, c. 25, s. 8. 3. Appointment as Architect to superintend works, by Lord Lieutenant, 3S G. 3, c. 34, s. 21. 4. Appointment of Surveyor General of the King's Works, 54 G. 3, c. 157, s. 2. 5. Commission for examining and auditing pub- lic accounts, 46 G. 3, c. 157, s. 2, 45 G. 3, c. 91, s. 7. io^-*»c-5o, 6. Commission for woods and forests, except one being a member, 10 G. 4, c. 50, s. 21. 7. Contract, agreement, or commission with, under, or from the Commissioners of Treasury, Navy, or Victualling Offices, Attorney-General, or Board of Ordnance ; or any person or persons for or on account of public service, 22 G. 3, c. 45, s. 1. Exception as to contracts with incorporated trading companies — where contracts are to end after a year's notice, limited to one year after notice — where contracts to be completed devolve by descent (&c.) not to disqualify till after twelve months from accrual or possession of contract. 8. Dignity of Lord Chancellor, Master of the Rolls, Twelve Judges, and Masters in Chancery in Ireland, 1 and 2 G. 4. 9. Government (or office of Deputy Governor) of any settlement (&c.) of East India Company during office, 10 G. 4, c. 62, s. 63. 10. New office or place of profit under the Crown since the 25th October, 1705, 6 Anne, c. 7, s. 25. 11. Office or place of profit by nomination of DISQUALIFICATION. Lord Lieutenant, Lord Deputy, Lords Justices, or other Governor of Ireland created since 33 G. 3, 41 G. 3, c. 52. 12. Priest's or Deacon's orders in English or Irish Church, and Ministry in Church of Scotland,, 41 G. 3, c. 63. IS. Roman Catholic priesthood, 10 G.4, c.7, s. 9. 14. Vice-Presidency of Board of Trade, 57 Geo. 3, c. 66. 15. Pensions from Crown during pleasure. lb. and 1 G. 1, s. 56. 16. Governors, Deputy-Governors, Directors, Managers, and Members of Bank of England are disqualified by statute 15 G. 2, c. 18, s. 8. These are the principal statutory disqualifications. 17. Sheriffs are disqualified for the most part for sitting as members in Parliament. Having described the necessary qualification for candidates, and disqualifications of sitting members, it becomes the due time and place for treating of the mode of proceeding at elections, and of the business and duties of the various officers having functions to fulfil for effecting the return of mem- bers. 105 v5 106 PRELIMINARIES TO GENERAL ELECTION. Issuing of writs under warrant of King in Council. CHAPTER XIII. Authority for and Preliminaries to General Election. A general election proceeds upon the authority of the King in Council, signified by order addressed to the Lord Chancellor, for issuing the accustomed writs to the sheriffs of counties for the election of members for their several shires and the cities and boroughs therein. The Clerk of the Crown in Chan- cery is thereupon ordered, by the Lord Chancellor's warrant, to send out the general process, which must be returnable in forty days. The writs, framed and expressed as occasion may render necessary, [S. 77] are delivered or forwarded to the different sheriffs by post, under the very mi- nute provisions for that purpose of the 53 G. 3, c. 89. It is the sheriff's duty, within two days after the receipt of the writ, to cause proclamation to be made, 25 G. 3, c. 84- [between the hours of eight and four,] at the place where the election ought to be held, that is now where it is fixed by the Boundary Act, that a special county court will be holden there for the sole pur- pose of the election, on a certain day to be named, not being Sunday, between the 10th and the 1 6th day from the day of the proclamation ; which must state that he will then and there proceed to the election. The sheriff must also, by 7 & 8 W. 4, c. 25, 18 G. 2, c. 18, and 19 G. 2, c.28, allow a checque book for every poll book for each candidate, and appoint, Sheriff to pro claim elec- tion. FOR COUNTIES. 107 on the nomination of each candidate for shires and corporate counties, an inspector of poll clerks ; and by 9 G. 4, c. 50, the returning officer must appoint for each compartment an agent and checque book. The 61st Section provides for making such pro- §. lxi. clamation in the several parts of the divided counties, Proclaiming ^ court and and that the sheriffs shall preside there by them- presiding. selves or their lawful deputies. The sheriffs are empowered [S. 65"] to appoint s. lxv. deputies to preside at taking the polls at the princi- dijfuties by pal place of election, and at all other places assigned '^^"'^°i°g to the business of polling: and such deputies are authorized by Section 66, to act as sheriffs may, and with co-extensive jurisdiction in all places within counties whether privileged or not. The several counties and entire parts of counties s. lxiii. are to be divided into districts for polling, so that ^'f,-"*''^ ^°'" there be not more than fifteen in each, with a fixed place in each for taking the poll. The next step to be taken is to erect, at the joint s. lxxi. expense (limited to £40 at the principal and £25 booths"or at the subordinate places) of the candidates, (in- ^'^""g *io"«<^^' eluding as contributors any persons proposing a candidate without the consent of the person pro- posed,) a reasonable number of booths, or hire a sufficient number of houses, for the poll, at the principal place of election, and at the several poll- ing places appointed; the booths to be severally assigned to parishes, &c., and so marked conspicu- ously, according to the provision of the 64th Section, and furnished with copies of the Register, certified under the hand of the returning officer. [S. 72.] 108 POLLING ELECTORS FOR COUNTY MEMBERS. CHAPTER XIV. Polling Votes. Section 1. Commencement and Conduct of Polls for Election of Members for Counties. The day fixed for the election having arrived, and the sheriff having opened the court with the usual formalities, and required the electors present to nominate* qualified persons as candidates, the elec- tion is either determined upon the view, or a poll is demanded on behalf of one of two or more candidates, s. Lxiv. In the latter case, " a reasonable number of poll- atpoiuul iiig booths," as required by Section 64, having been places. erected at the " principal place of election and poll- ing places," and the names of the several parishes (&c.) conspicuously affixed to each, the returning officer must attend in person or by his appointed deputy, [Sect. 65,"] and a sufficient number of poll clerks, to take the poll at the several booths appointed for the different districts, each properly furnished with certified copies of registers of voters required by Section 72. Timeforcom- The polling for couuty members, throughout the mencing poll- ^ . » i i • i ing for county coutttry, must commcuce at nine o clock in the morn- S.62. ing of the third day after that fixed for the election, or the Monday following, if such third day should be Saturday or Sunday. [Section 62.] * There is a provision at the end of Sect. 68, that no nomi- nation for boroughs shall be made in any place of public worship. POLLING ELECTORS FOR COUNTY MEMBERS. 109 Each of the persons entitled to vote must proceed Tender of to the appointed booth (if any, otherwise at either) [Section 64] allotted to the parish or township, and there make tender to the sheriff's deputy of his suffrage on behalf of the candidate whom he would support. The deputy of the sheriff must thereupon make g. lix. an entry of the vote in the poll book, either gene- ,^p'^i''bJ[)k^ rally, as a vote admitted and allowed, and so inserted geneS Mid or retained in the register — or specially, as the vote ^P«"*'- of a person whose name has been omitted [or ex- punged] therefrom by consequence of the decision of the revising barrister at a court of revisal [Section 59], and so distinguished and recorded in the poll gj^i ^^^^ book for the purpose of bringing the registered de- iSngn^fhed cision under the consideration of a Select Committee corded/* of the House of Commons [Section 60]. All votes hereafter tendered at elections, whether s. lviii. admissible or not, must be received, with one single exception alone, that is, where the claimants to vote do not satisfactorily answer all and each of the three questions put to them under the 58th Section, or shall refuse to take the oaths required by law. In future there will be or may be at every elec- Two classes tion, two classes of persons presenting themselves fatSre^voting, to the notice of the poll clerks, as voters claiming to voteTarSfc- be entered on the poll book, Persons registered, And Persons not in the Register — being persons "whose names have been omitted, expunged, or struck out by the revising barrister, p. li., and therefore not registered by the clerk of the peace. 1X0 POLLING ELECTORS FOR COUNTY MEMBERS. Registered The former class will be entitled to be entered as persons and , . . , . persons not Competent voters, havmg given conclusive and un- questionable votes, and as such not only received but entered as admitted and allowed. Distinguished The latter class must be entered as persons not in entry. . ... s. Lix. registered, whose votes are received but are neither admitted nor allowed. Means of Both classes of persons must be distinguished, by distinction. , ^ , » ' J the returning officer or his deputy, by some conve- nient means to be adopted for that purpose; as by separate books, or at least by marginal annotation against their several names individually set, together with the name of the candidate on whose part such votes are tendered and disallowed. No precise mode of preserving the required dis- tinction having been dictated by the statute, this must be left to the discretion and judgment of the returning officers, who will direct their deputies as to the course to be pursued. Place of ap- Registered persons will have no difficulty in ob- plying to be polled at by taining entry of their votes, as the booths at which registered persons. such voters should present themselves are indicated by their several allotments of parish, &c. as affixed, and are with reference to the residence of the voter, according to the description of his qualifying prO' perty in the register, as furnished by himself; or in boroughs, &c. where the voter does not poll in respect of property, according with his place of abode, as given and described in the register ; or if no booth be so expressly assigned to the particular place, he may vote and be polled at either of the booths. POLLING ELECTORS FOR COUNTY MEMBERS. Ill The entry of such persons' names in the poll Form of books, by the poll clerk, will be merely a transcript of the register, with the name of the candidate for whom the vote is given attached. Persons, on the other hand, whose names have Place at • 1 /» 1 -1 which the been omitted from the county register, have no tender of votes by per- place prescribed or booth assigned by the Act, at sons omitted ^ r & J ' from the lists which they are required or entitled to make tender and the regis- •^ ^ ter, is to be of their votes. or may be made doubt- However this may be, in point of right, it may be f"'- safely recommended to them to tender their votes The principal •' _ place of elec- for counties, by offering themselves at the ©rmcma/tion suggested ■^ ° ^ -* ^ and recom- place of election for the county, riding, part, or divi- mended. sion of the county, where they claim the right of voting. The language of the Section (64) appropriating booths, apply distinctly and exclusively to persons admitted to vote,, overlooking altogether persons permitted to make tender of inadmissible votes. The want of some express distinct provision in this important respect, becomes a very material omission with reference to the peremptory requisi- tion, that persons who are admissible " to vote" shall not be so " admitted,'' except at the particular booth allotted for the particular parish, &c. This will be probably one of the omitted consider- ations in the detail of the Act, which will be supplied when the statute shall be reviewed. [See Sections 5, 6. 7.] 11^ polling electors in boroughs. Section 2. Commencing and Conduct of Poll at Elections for Corporate Counties^ or Cities and Towns being Counties and Corporate Towns, or other Cities and Boroughs. s. Lxviii. The course of polling or taking the votes of elec- poiungfor tors at the election of a candidate for cities and cities, &c. boroughs, is mainly and materially the same as that directed to be pursued at elections for county mem- bers. There are, however, some differences which must be noticed, between counties and incorporate coun- ties and boroughs, and between each of them, in respect of the time of giving notice of the election. In counties In corporate counties, or cities and towns being corporate . . i i i /->< and boroughs, counties, the regulations enacted by the 1 9 Geo. 2, upon writ re- ceived with- c. 28, are still in force, and must be observed. By out precept, the sheriff Soct. 7, the sheriff is himself required, upon receipt must give notice of of the Writ, without precept, to cause public notice election and -^ ■* *• ^ proceed with- to be givcu of the time and place of election, and in eight days. '^ ^ See S.6. sball proceed thereupon within eight days after the day of delivery of the writ, giving three days' notice at least, including the day of the receipt of the writ. Duty of In cities and boroughs the sheriff must, immedi- w. 3/c. 25, ately upon receipt of the writ, indorse the day of to issue his ,. iit i precepts in delivery, and issue his precepts, to be delivered to to officers of the proper officers (personally) of the several bo- roughs, towns corporate, parts or places, within his jurisdiction, to whom the execution belongs, and to no other person, by himself or proper agent, within three days after receipt of the writ of election. POLLING ELECTORS IN BOROUGHS. 113 By the 10 & 11 W. 3, c. 7, s. 2, the time for Officer of issuing his precepts by the officer of the cinque in six days. ports is expressly extended to six days. It is the duty of such borough officer to indorse Duty of bo- ,, f, .. , . T-i-1 roagh officer. the day ot receiving the precept immediately, in the presence of the person by whom it was delivered, and he must forthwith give notice of the time and Notice of '^ ° time and place of election, and proceed thereon to the elec- P>ce of elec- tion, within eight days after his receipt of the pre- cept, and also give at least /owr days' Tuotice at least of the day appointed for the election. The notices in general should be given in the Notice in ° ° . general. most public manner, and at the most public places. In some boroughs, however, the place is appointed in particular places. by statute. In New Shoreham, the market houses or church doors, 11 Geo. 3, c. 55, s. 5. So in Cricklade, Highworth, Malmesbury, and Swindon, 22 Geo. 3, c. 31, s. 5; Aylesbury, Great Missenden, and Had- denham, 44- Geo. 3, c. 60, s. 4. In all those places the time for proceeding with the election is within twelve days, and not less than eight. The same provision for erecting booths, compart- s. lxviii. ments for voting, &c. is made for boroughs, &c. as for counties, [p. 100 to 107] except that the duties of the sheriffs of counties are to be performed by returning officers in boroughs, &c. and eveiy booth is to be divided into compartments, [S. 68,] and notice to be given of the situation and appropriation of each booth and compartment. 114 ' POLLING (MONMOUTH.) Not more than 600 voters are to be required to poll at any one such compartment. [S. 68.] In London the returning officer is not required to provide any booth or compartments, [S. 48,] but must appoint or take one poll for all the liverymen at the same place. In boroughs, &c. (where there is no principal place provided or established,) there may be some doubt as to the proper place at which persons not in the register are to tender their votes ; and this may cause such persons some difficulty in all boroughs < except London, where there is only one polling place — the Guildhall. It may be that they are virtually entitled to pre- sent themselves where the property in respect of which they claim may be situate, or at the booth and compartment allotted to the place at which they reside, or they may perhaps tender them at any booth, or should make tender at each. Section 3. Exception of Monmouth and contributory Boroughs of Wales, and Special Provisions respecting. s. Lxxiv. The special regulations for taking the poll of voters at the election of the borough of Monmouth and the contributory boroughs in Wales, are as fol- lows : — s. VIII. The towns of Newport and Usk, in Monmouth- Usk',^and shire, have, by Sect. 8, a share with the shire town Monmouth, ^f Moumouth, in the election of a member ; and by the 73d Section it is provided, that the voters at each of those places — that is, those residing within POLLING (SWANSEA.) 115 seven miles of the market-place at Newport and s. a. of the town-hall at Usk [S. 32] — shall give their votes at those places respectively, before the deputy to be ap'pointed by the returning officer of Mon- mouth to take the poll at each of those towns. Commence- The polhng at each of those places and at Brecon of polling at is to commence on the day next after the day of ^^^^^ p'^*^®- election, unless it be Saturday or Sunday, when it must begin on the Monday following, at all three towns ; to be continued for two successive days, for se'cn hours on the first and eight on the second day ; to end definitively at four o'clock on the second day. The day of election must be fixed, and notice Fixing aud thereof given to the deputies for Newport and Usk, to deputies of by the returning officer of Monmouth, who must, tionfor^the before the day of election, cause to be delivered to contributory *' towns, and such deputies copies of the register for the borough delivering copies of re- of Monmouth, certified under his hand to be true, gisteitoeacb. Swansea and contributory Places » The same regulations are made for the county town of Swansea and the contributory towns, Lougher, Neath, Aberavon, and Kenfig, under the superintendence of the Portreeve of Swansea. So also in each of the other towns or boroughs in Schedule E. Section 4. Provisions as to certain Boroughs. Certain boroughs named in Section 69, New Shore- s. lxix. ham, Cricklade, Aylesbury, and East Retford, as f;7;;4°°' ^ defined by the 5th Section of the Act, are directed boroughs. to be divided into convenient districts for polling, 116 S, XXXIV. POLLING (generally). with a convenient place in each for taking the poll, to be settled by the Boundary Act.* The 34th Section provides specially for saving the rights of voting in those places in respect of freeholds giving qualifications at the time of passing the Act, subjecting them to registration, and regis- tration to condition of residence within seven miles of the boroughs, and insertion in the lists of voters to be made by particular overseers with reference to the boroughs of Horsham and Malmesbury and the Boundary Act. Sect. 5. Polling (generally) — Oaths under Reform Act and other Statutes to he administered to Electors, s. LViii. The returning-officer (if required on the part of Three interro- i • i n • i gatoriestobe a Candidate) or his deputy must put to the party put by officer . / r .7 r r j to voter and tendering his vote and at the time of the tender, the on other *^ questions. thrcc siuglc qucstious, the tenor and form of which are prescribed by the 58th Section (and those only), as to identity of person, singleness of vote, and con- tinued retainer of the registered qualification. A false answer to these questions, though not on oath, is made an indictable misdemeanor. If the officer be required, he may exact the depo- sition of the elector so voting to the three questions put to him: and he [or a commissioner] is for that purpose authorised by the statute (Section 73) to administer an oath or affirmation to the voter. votS?n- The sheriff (&c.) cannot now put any other than swers. • See Act, Sect. 32, Sched. N. 2. OATHS TO BE ADMINISTERED TO ELECTORS. 117. the three prescribed questions to the voter ; and his vote must be taken and entered, if he answer the first and third questions in the affirmative and the second in the negative. That section confines the prohibition from putting Test oaths to ^ _ '^ ° be taken : the voter on his oath to the questions which are the allegiance, ^ _ ^ supremacy, subject of it, that is, as to the right of voting, but it abjuration. does not dispense with the necessity of administer- ing the usual political test oaths of allegiance, su- premacy, and abjuration, or the oath substituted for those in the persons of Roman Catholic electors, by 10 G. 4, c. 7, s. 2, 5. These are therefore still to be taken and subscribed by the elector, if it shall be required of him, or his vote will not be taken. The oath of abjuration may be insisted on, not only by a candidate, but by any person present, 6 G. 3, c. 53, s. 1. The oath negativing bribery and corruption, and Oath against n 1 1 • • 1 1 ^ . bribery and previous poll at the election, is, by the 2 G. 2, c. 24, corruption, and second s. 1, required to be taken by persons coming to vote, polling. before they are admitted to poll, if demanded by a candidate, or any two electors. This oath (43 G. 3, c. 74) must be administered by the officers pre- siding [at] or taking the poll (the returning officer) ; and no person is to be admitted to poll till he has taken this oath (if demanded) in a public manner before the returning officer. By the 34 G. 3, c. 73, to prevent delays at elec- commis- tions, the returning officers [and by 2 W. 4, c. 45, mSeroathi s. 73, their deputies] are required, after poll de- ed by retum- manded, and before further proceedings, at the *"^ ** rvritten request of any candidate, under his hand, to 1^ OATHS TO ELECTORS. appoint two or more persons (as commissioners) to administer the above oaths of allegiance, supremacy, the declaration of fidelity, the oath of abjuration, and declaration of effect thereof, and the substituted oath ; and they are to certify the names of electors having taken and subscribed those oaths, &c. They are also themselves required to be sworn. i All these oaths, except that denying bribery, &e.v which must be taken before the returning officer at the poll, may be administered by and taken and subscribed before the substituted commissioners, at any other appointed place during the progress of the election. These ceremonies with the administering, as here- tofore, the oath against bribery, form the whole of the proceedings now necessary for the polling of voters. No scrutiny Scrutiny at the time of polling is no longer al- eiection. lowcd [Scction 58], and the officer (and candidate) at the time are concluded by the register on the tender of suffi-age, with the positive answers re- turned to the preliminary questions, by the party claiming a right to vote. A result of great importance and advantage aris- ing out of these salutary alterations in the course of election business, by the anticipation of the primd facie investigation and adjudication of qualification and right of voting by the court of revisal, and the consequent obviation of interruption by unreason- able and intemperate scrutiny pending the heat and excitement of a contested election is, that the legis- lature has been enabled to limit the period of poll- ADJOURNING POLL. 11S> ing to the hour of four in the afternoon of the second day after the commencement of the poll ; one of the most important and beneficial changes in the prac- tice of election proceedings effected by this efficient Bill, conferring a signal benefit on the public by the preservation of the peace, causing a saving of ex- pense to all parties, and conducing to order and accommodation without detracting from openness and publicity in a proceeding of such great public interest. This curtailment of the period of polling — once Abridgment » . , . of time of a degradmg and disgraceful scene of contmued not, polling from , , f , n r. . 15 days to 15 drunkenness, tumult, and outrage — from fifteen hoars by days to fifteen hours (during the early part of two successive days,) is effected by the 62d Section of the Act, whereby it is provided that such polling shall continue for two days only, allowing seven hours for the first day, and eight for the second day, the poll to be closed by four o'clock of the afternoon of second day ; or it may still be closed before that time. At the close of each day's poll the poll clerks Giving must publicly render up their poll books, inclosed vering the . poll books and sealed, to the sheriff, or his deputy presiding at on each day ^ -^ ^ ° of the polling, the poll, taking his receipt. At the commencement s.es. of the second day's poll the books must be redelivered to the person from whom they were so received. Section 6. Adjourning the Poll in case of violent Obstruction of Proceedings. The returning officer or his deputy is authorized s. lxx. to close the poll before the time for closing fixed 100 FINAL CLOSE OF POLL. by the act, where he might, before the statute, have lawfully closed the poll ; but it is expressly declared that he shall not close it finally by reason of inter- ruption or obstruction by riot or open violence. In such case he is required to adjourn the poll from day to day or from time to time, giving, if a deputy, to the returning officer, due notice of each adjourn- ment, till the cause of adjournment is at an end, and then he must proceed. Section 7. ^ Final Close of Poll, Declaring State of Poll, and Proclaiming Members chosen. s. Lxviii. On the final close of the poll, the returning officer ma c ose o ^^^^ ^^ oiice declare the state of the poll [S. 68] and make his return, if he will ; or he may not ; but if he do not, the deputies, having received the poll books from the poll clerks, must deliver or transmit them, still so inclosed and sealed as before, to the returning officers. Declaring The returning officer is to receive and keep them and proclaim- ... i -n i i t ^ ■ i> ing members m his custody till the next day, or that being bun- c osen. ^^y.^ ^jjj Monday. He is then openly to break the seals, cast up the books of votes, and declare the state of the poll, and proclaim the elected candi- dates before two o'clock in the afternoon. That official act terminates the proceedings at the election. The sheriff or returning officer thereupon makes his Return to the writ of the result of the Poll. K£TURN TO BE MADE BY SHERIFFS, &C. 121 CHAPTER XV. Return to be made by Sheriffs and their Depu- ties, AND other Returning Officers, of Mem- bers TO SERVE in Parliament. Section 1. Returning Officers, The returns to the various writs of election must Returns of be made officially by the sheriffs to whom they are "turnTn^^ addressed, and to them must be the precepts o^^^ers. returned by the returning officers of the several boroughs within their shire to whom they were respectively addressed, and whose duty it was thereby made to preside at elections of members to serve in Parliament. Officers for the return of members to serve in constitution Parliament, are persons so constituted either by offi7ere"^°'°^ virtue of office, or others deputed to the duty by appointment. Sheriffs, [of counties (or shires,) and cities or who are le- towns being counties, 19 G. 2, c. 28, s. 7,] and ^^™;"y%°^;,. mayors, bailiffs, headboroughs,* [or other chief municipal officer for the time beingf ] of boroughs and corporate cities and towns, are constitutionally and virtute officii the proper returning officers of members to serve in Parliament for the particular county or place for which each is in office. • 2 G. 2, c. 24, s. 3. t 1 W. 4, c. 45, s. 11. jG — H 122 RETURN TO BE MADE BY SHERIFFS, &:C. s. 11. For many of the new boroughs, or places erected rou hr ^° ^"'^ boroughs, by the 2 W. 4, c. 45, for the purpose of sending members to Parliament, the statute has provided that certain existing chief municipal officers in each of the places enumerated in Schedules C. and D., shall be the returning officers for such places until incorporation shall give them permanent muni- cipal officers. Where to be For those placcs to which no such officers have appointed by sheriffs. been thereby assigned or nominated, the sheriffs of the counties wherein they are situate are to nomi- * nate and appoint annually in March, by writing under hand, fit persons resident in the place to per- form the business and the duties of the office of returning officer of the borough, for the year. The sheriffs may also in the same manner substitute one person in the place of another if there should be necessity for so doing. Qualification. The solc qualification for this temporary office is residence. Persons in holy orders, churchwardens and over- seers, are excluded from this office ; and all persons qualified to serve as a member in Parliament are entitled to exemption, if claimed by them within one week after notice of nomination, by notice to the sheriff, upon his own oath, before a magistrate, that he is so qualified. [S. 11.] The duties of returning officers are, having read his writ or precept in court, and taken the oath against bribery, as required by the 2 Geo. 2, c. 24, to call upon the electors to nominate a candidate. RETURN TO BE MADE BY SHERIFFS, &C. 123 He is then, if required, to administer to each candi- date the oath of qualification. If a poll should be demanded, the conduct of the poll devolves upon him, as before stated in the Chapter on that subject, where his duties thereon have been already shown. If no poll be demanded, or no votes, the officer must declare the election of the candidates nomi- nated on what is termed the View. Section 2. The Return. The return to be made at the close of the poll to The return. the writ of election of knights of the shire as mem- bers of Parliament, is effected by indenture pur- porting to be made between the sheriff or other re- Made by turning officer of the one part, and certain of the electors, with many other persons of the county of the other part, witnessing the free choice by the parties and the major part of the electors, granting the chosen knights power to do and consent to those things on the behalf of themselves and the com- monalty of the county, to be ordained as in the writ of election specified. This is a very ancient course of announcing the result of performance of their duty by sheriffs and other officers, in obedience to writ by indenture made, signed, and sealed by the officers and the body whom he directs in the matter. These indentures (or the indenture and precept indenture of in borough returns made by the returning officer '^®'""' G— H 2" 124 RETURN TO BE MADE BY SHERIFFS, &C. Special re- turn. Amendable by order of House. thereupon to the sheriff,) appended to the writ, are remitted by the sheriff to the officer who issued the writ, and this is the return. If any thing should occur to prevent a general return being fairly made by the officer, he may avail himself of the protection of a special return, by stating therein the particular facts which qualify and make necessary such return. If there should be any corrigible mistakes in the return, it may be amended by order of the House of Commons. PETITIONING AGAINST RETURN. 125 CHAPTER XVI. Of Petitioning against Return or Election of Members. Section 1. Right of Petition conferred or reserved by the QOth Section of the 2 W. 4, c. 45. This statute of the 2d of William the 4th has given, s. lx. by the 60th clause, which takes the form of proviso, Remedy for wrongful ex- a mode of redress to persons who may be, or may elusion from deem themselves aggrieved by the decision of the Tuitiaghom revising barrister of his district. b^ittere °^ The means of remedy there provided is, by pe- Petition to tition to the House of Commons, complaining of commons. the undue election or return of a member or mem- bers to serve in Parliament. This very important clause, however, is perhaps not so carefully and accurately drawn and worded as the great importance of its object — the impeach- ment of the register, by appeal from the courts of revisal and the adjudication of revising barristers — most especially demanded. The course, and the only course of proceeding to reverse the judgment of that court and the conclusive promulgation of its decisions, the contents of the register, the result of 126 PETITIONING AGAINST RETURNS. a scrutiny wherein the parties and the courts have not had the aid or assistance of counsel in the law, seems to have merited more attention in the framing as explicitly as possible the objects of complaint to be redressed, the measures, mode, and means of the given remedy, and the parties entitled to adopt and prosecute them, or to defend the election and sup- port the register; but these are all very indistinctly defined. Permitting It is thereby provided that upon petition to the impeachment . . . of register. House Complaining of any undue election or return, any petitioner, or any person defending any suck election or return, shall be at liberty to impeach the correctness of the Register of votes (not the Lists) in force at the time of such election. The first proposition of the provision makes the subject-matter of complaint the undue election or return, gives a remedy by petition, and entitles to the prosecution of that remedy any person petition- ing against, and any person defending such return or election, but who shall be entitled to be such pe- titioner or defendant is not expressed, and by no means to be clearly or plainly inferred by the aid of necessary or fair implication ; nor does it appear whether the register is to be impeachable generally, or whether the impeachment is to be confined to particular charges, to which alone the right of the petitioner applies, and to his particular case of com- Not distinctly plaint. are totfen- The words " any petitioner" would be sufficiently titled to comprehensive to admit all persons to petition, whe- PETITIONING AGAINST RETURNS. 127 ther they had or had not any interest in or connection with the particular election, or whether they should be or should not be on the lists or registers of voters for the particular places. The mode of impeachment prescribed involves Mode of ob- also the matter of objection permitted to be taken, agaiustregis- and the nature and ground of the complaint to be J^r of o^ec- made as the prescribed foundation of the petition. ^°^' The mode of substantiating the ground of im- improper in- - -11 • 1 • sertion or peachment is to be by provmg, that m consequence retainer of of the decision of the barrister who shall have re- vised the lists of voters from which such register shall have been formed the name of any person who has voted at such election was improperly inserted OR retained in such regiiiterf or the name of any person who tendered his vote at such election impro- perly omitted from such register. The matter of objection to the register, therefore, improper must be insertion or retainer of an inserted name, or the OMISSION from the Register (not the expunging) of the name of any person who tendered his vote ; and the nature and ground of the objection in either case is made to be such omission or insertion or re- tainer (for insertion without retainer, which must often occur, would be no objection) of name or names, " in consequence of the decision of the re- Result of decision of vising Barrister." barrister. Now, as to the first class of objections, it is diffi- Difficulties of „,..„. construction cult to say whether the " consequence oi decision is and appUca- to be the consequence of the actual and express de- provisions of cision, marked in the Lists by initials, in any parti- ^^^ clause. 128 PETITIONING AGAINST RETURNS. cular case, or of the virtual decision on the whole of the names generally, by the fact of retainer, which is a deciding consequence or result of the revisal — a consequence resulting from the actual determina- tions — a negative adjudication, applying both to retainer and omission. Objections to This would make all improper omissions, whether the wording . , . of the clause, actually brought under consideration or not, impro- per omissions in consequence of or following upon the decision of the Barrister : and would make all re- tainers, whether the insertion should have been challenged and objected to or not, equally the con- sequence of the implied and tacit adjudication. Otherwise if the objections to the correctness of the register are to be limited and confined to the omis- sions and insertions, which are express consequences of actual adjudication thereupon, that is, upon each omission or insertion, as the words qualifying the grounds of objection distinctly import, it would pre- ,clude all objection, by petition of candidate or voter, to names in the register inserted by overseers^ if not objected to before the revising barrister, however objectionable they may be, and on whatever ground, because such are not direct insertions in consequence of decision. The appeal would thus apply to inser- tion by the barristers alone, and to retainer where the word retainer imports objection not supported, and to omissions adjudicated on after application to the barrister for insertion. To instance this: — If the overseer should have put into his list 1 00 voters not qualified, or in any PETITIONING AGAINST RETURNS. 129 Other respect objectionable, and the insertion should not be brought under the cpnsideration of the revising barrister, they may vote as registered elec- tors, and their votes will not be subject to correc- tion on petition to the House against a return for the reason assigned by the clause ; because the titles of such persons to vote would not be within the occasion of appeal. Then the term so often used in the Act, the word Expunged " expunged," is not to be found in the clause, and provided for. consequently there is in terms no express provision in case of expunged names, for " omitting" and " ex- punging" are by no means synonimous and equivocal or equivalent words. Not to have admitted an omit- ted name by insertion is a negative proposition, very distinct and different from the positive predicament of a name having been inserted and expunged. It makes this the more important, that it is obviously meant by the provisions of the Act in that respect, that the names expunged must appear on the list as having • been expunged, (or cancelled, or struck out, or what, ever is meant by that very unusual term,) applied as it there is to written names. It cannot, therefore, for that reason, mean that the name should be erased from the paper or parchment on which it had been inscribed, as, if so, there would not appear to what object of cor- rection and revisal the initial letters of the Barrister's name apply. There has been evidently some con- fusion in drawing up this clause, of the lists dismissed from the revising barrister's hands, and the registers made of the transcripts therefrom by the clerks of G—H 5 130 PETITIONING AGAINST RETURNS. the peace. It would have been better if the List perfected and enrolled and recorded, had been made the registers, and not the books, which are but ex- emplifications of that record. Omission from or in- sertion in the book to be the register, is only a secon- dary consequence of the barrister's decision on the same omissions from or insertions in the lists of which they are copies. They are in that respect only the consequence of a consequence. To say the least of it, this is imperfect inditing of so im- portant a part of an Act of Parliament of such vital import in matters of election of a House of Com- mons. It could not be too full, lucid, clear, and certain, freed from all doubt and ambiguity, and using no loose or equivocal terms, but stating, in reference to the phraseology of its other clauses, the matters and things to which this Section was meant to apply, in the same terms, or in terms of undoubt- edly similar import and signification. Without, however, discussing too minutely what this or any other section of the Act has not ex- pressed, or what it might have been intended to enact or provide, it is sufficiently clear that this 60th clause gives very largely the remedy by petition against undue registration and exclusion from the register. Reference of ^^ is Sufficiently obvious also, from the terms to^the q G^l employed in the section, and the use and application <^' 22. of those terms there, that the right of petition is here given with reference to the existing objects and practice of petition, as consolidated and amended by the statute of 9 G. 4, c. 22. That Act will, there- PETITIONING AGAINST RETURNS. 131 fore, serve in some measure to explain and eluci- date some of the imperfect and obscure provisions of this appellate jurisdiction, preserved by the 60th section of the Reform Act, and must be considered as incorporated therewith. The 9 G. 4-, c. 22, for example, describes what some defects persons are entitled to petition, as being either can- supplied and didates or electors, that is, persons claiming to have ^^^^.^^ ''^^ been duly elected, or persons claiming to have had a right to vote. This latter class of persons is now very distinctly pointed out and designated by the Reform Law as unregistered persons tendering their votes at the election, for the purpose of bringing their right to be registered under consideration of the House of Commons ; a new class of claimants to a right to vote not in existence before the 2 W.4. The statute of the 9th of George the Fourth then proceeds to digest and explain in detail the course of proceeding to be pursued by all petitioners ; and the substance of its various provisions in that re- spect will form the subject of the following section of this chapter. Section 2. Nature and Ground-work or Foundation of Petitions to the House of Commons against undue Returns, Petition to the House of Commons is a remedy Petitiouing or mode of seeking redress permitted by statute commo"nT ° law, where a member has been or is considered by ^^^^^^^ ' J turns. the opposite candidate to have been unduly or im- properly elected or returned. re- turns. 132 PETITIONING AGAINST RETURNS. Consolida- tion of prac- tice of peti- tions by 9 G. 4, c. 28. Grounds of petition against elec- tions or re- turns of members. There are four sorts of petition presentable to the House : — 1 . Petitions of complaint or original petitions. 2. Petitions to defend return. 3. Petitions for admission to oppose report. 4. Petitions of defence for admission to sustain report. The then existing laws on this very important subject, or rather the practice and mode of pro- ceeding in case of complaint of undue return, had been consolidated into one general system by the single act of repeal and remodification, the 9 G. 4, c. 22, The various bases or objects of petitioning by petition of complaint are succinctly expressed and defined, by the 2d Section of the statute 9 Geo. 4, to be, at that time, as follows : — 1 . Undue election of members. 2. Undue return of members. 3. Nonreturn [by sheriff or returning officer] of writ issued for the particular election on or before the return day. 4. Not returning writ where issued during a ses- sion or prorogation within fifty-two days after date. 5. Return not according with the requisition of the writ. 6. Complaint of any specific matter stated in the return. [See Section 1.] 7. To be admitted to defend return. [See S. 51.] By the 2 W. 4, c, 45, an eighth ground of original petition is allowed on the complaint of 8. Undue election by reason of the alleged incor- PETITIONING AGAINST RETURNS. 133 rectness of the register in respect of insertions or omissions * This ground of petition or complaint will become by far the most important subject-matter of petition, and will be in future perhaps the most fruitful, certainly the most considerable, source of such appli- cation to the House. The words " upon petition," it must be observed, imply that all existing grounds of petition are still in force ; and this section, first assuming that peti- tions will be presented on other grounds than that of undue registration or omission from register, provides that in all cases the correctness of the re- gister may be impeached. It may be questioned, therefore, directly, by and as a consequence of ob- jection taken to voting, under an incorrect registry, or incidentally and collaterally, on petitions founded upon any other objection, as cause of petition before the passing of the Reform Act. Section 3. Summary of Course of Practice in Proceeding on Petitions, The course of proceeding by way of petition 9 g. 4, c. 22. against returns is fully provided in detail by the 9 G. 4, c. 22. * There are also two other grounds of petition — Petition of appeal against right reported by Committee, and Petition to defend such rights. 134 PETITIONING AGAINST RETURNS. Ey whom The petition must be subscribed by some person scribed. or persons claiming to have had a right to vote, or to be returned at the particular election, and it must allege that ground. S. 4. Time for pre- gy ^ current Order of the House, passed at the senting peti- tions, commencement of every session, it is required that petitions on the first three grounds enumerated above, shall be presented within fourteen days from the date of the order ; or upon either of the other grounds within the same time after the return be brought in, unless the time limited should be inter- cepted by a recess, in which case the petition may be presented on the first day of the following sitting. A day and hour is thereupon appointed for con- sidering the petition, [S. 5.] and notice must be given to all parties. [S. 2.] Recogni- After a petition has been presented, before it can be proceeded on, the first step to be taken on the part of the petitioner, is to enter into a recognizance in a 1000/. and 500/. sureties, and to pay costs, &c. [S-S-] The mode of entering into the recognizance is by first delivering to the clerk of the House the names and addresses in writing, on the day after the peti- tion is presented, of the proposed sureties, who are to be enquired after seven days from the entry of sureties names by the clerk of the House in his re- cognizance book, or by two persons to be appointed by the Speaker from amongst the Masters in Chan- cery, the clerks in court of the King's Bench, and Exchequer and Prothonotaries of the Common zance. PETITIONING AGAINST RETURNS. 135 Pleas, upon whose report of sufficiency of sureties the recognizance is entered into before the Speaker, [S. 7.] or if forty miles from town, before a justice [S. 8.] of the peace. If such recognizance be not entered into within fourteen days, or the time be enlarged, as it may be once for not exceeding thirty days, on special ap- pearance to the House, founded on affidavit, the order for reading the petition will, on the Speaker's report of no recognizance, be discharged. The recognizance having been entered into, if the time for considering the petition be not changed, as it may be by application, the House proceeds to ap- point a committee for taking into consideration the matter and merits of the petition. At the time appointed for taking the petition into Ballot for consideration, one hundred members must be pre- miitee. sent, [S. 17.] of whom thirty-three are to be drawn by ballot. [S. 18.] A list of those members is to be given to the parties, who are thereupon to withdraw, and reduce the number to eleven by striking off one each alternately ; [S. 30.] or if no opposing party appear, the petitioner and clerk of the House to reduce the list. Section 4. Select Committee. The select committee being thus nominated, are Appointment to be sworn, and they are then considered duly ap- pointed, when they adjourn till next day for the elec- tion of chairman, " in likeness of the Speaker," which 136 PETITIONING AGAINST RETURNS* is done by the majority, the first drawn member being invested with the casting voice. Section 5. Trial of Petition, Time for trial They then appoint a time for meeting to try the ^^^ '° * petition, which on their first assembhng is read to them by the clerk of the House of Commons. Statement. jf {^ involve the question of the right of election, or appointment of the returning officer, a statement must be delivered to the clerk of the House by the parties. Section 6. Hearing. Matters of Prcvious to the discussion of merits all prelimi- poJed of* '* nary objections of form to the right to proceed must be disposed of. Opened by The petitioner's case is then opened by his lead- counse . -^^ couuscl, who is Considered bound in point of proof by the statements opened to guard against surprise. Lists of voters The parties objecting to voters must, for the same and^objec°' rcasou, deliver lists of the objected persons to the '*°"*' clerk of the House ; and the objections are to be kept by him in his office for inspection by the parties who support the votes, and such lists must be delivered ten days before the day for considering the petition in case of county elections, and five days in case of other elections ; and counsel and the evidence are confined to objections in the list. [S. 14.] PETITIONING AGAINST RETURNS. 137 Witnesses are called and evidence given on both Evidence, sides. Only two counsel are heard upon each side, but Hearing parties interested other than candidates or electors may be heard by one counsel. The committee determine by a majority. Majority -3/ decide. Section 7. Report. The select committee having heard the petition, Determina- report thereon to the House their final determina- tion on the merits. The report is to be made on three points ; either '^^^^^ of report. upon the merits of the petition, the merits of the return, or the merits of the case ; that is, the com- mittee either condemn or justify the proceeding of the petitioner, or the opposition of the defendant, by declaring the petition on the opposition to have been frivolous or vexatfous, or both, or if no party appeared to oppose the petition, whether the return or non-return was vexatious and corrupt, or after full discussion, on a well-founded petition fairly opposed, the right of election and the validity of the return were established or not supported. If the petition or the opposition be reported ^«po't on ^^ ^ petition. frivolous and vexatious, the party against whom the report is made, is fixed with all the costs without appeal. A determination on the merits of the case on the on the merits. right of election and validity of the return, deter- 13S PETITIONING AGAINST RETURNS. mines the right of the member returned to a seat in the House. Entry of de- That determination is then entered on the jour- termination. _ _ nals of the House and is conclusive till appealed from ; and if not appealed from within six months, or in case of dissolution or recess during that time, within fourteen days after the next meeting of the House, is final. Such is the nature and course of a Petition to the House of Commons against a Return to Parliament. As the determinations of returning officer and assessors were heretofore thus brought under the revising consideration of the House, so will now the decisions of the revising barrister, and the merits of the electors' claims, whether brought for- ward by the voters for election, or the candidates for Parliament. The ultimate appeal therefore is still as hereto- fore, to the House itself, and the Representatives of the People are yet to decide in the last resort upon the legitimacy of the Representation. PENAL CLAUSE. 139 CHAPTER XVII. Penalty of £500 by Action against all Persons HAVING Acts to do or Duties to perform under this Statute contravening its Provisions — Exceptions from Statute — Clause of Inter- pretation— Concluding Sections. Section 1. Penal Clause. By the 76tli Section a right of action of debt is Action of given, to be brought in any Court at Westminster, a^^infr^e"- fpr recovery, with full costs, of a penal sum of £500 ^ons contra- vening the (subject to reduction by the jury) against any she- act. riff, returning officer, barrister, overseer, or any person w^hatsoever who shall wilfully contravene or disobey the provisions of the Act or any of them, with respect to any matter or thing which such she- riff, returning officer, barrister, overseer, or other person is thereby required to do. The right of suing is thereby limited by proviso To parties to persons aggrieved, electors, candidates, and mem- '^^"^^^ * hers returned; and it is also provided that as to the returning officer the remedy given shall not super- sede any other remedy or action against him under any existing law. It is observable, in passins', that the officers, &c. ^^'^.'^"'*' ^ ^ ' omission id subjected by this section to the penal consequences '^e penal 140 CONCLUDING SECTIONS. of their conduct, are not surrounded by any of the usual provisions for their protection, either by re- quiring notice of action to be given to the defendant, to afford opportunity of redress or tender of amends, or repressing vexatious or unfounded proceedings by the ordinary amercement of treble costs, &c. which, whether casual or designed, is an unusual omission of material importance. Section 2. Exceptions from Operation of Act, s.Lxxviii. 'T^® *w^ Universities of Oxford and Cambridge Rights iu are expressly excepted out of the provisions of the Universities . . of Oxford Act, whether qualifying or disqualifying, both with bridge not to rcspcct to the clcction of members, and the voting, the^acrwhe? as clcctors, by persons in respect of occupation of ther of mem- chambers, &c. in halls and colleges. bers or voters. ° Section 3. Interpreting Proviso and concluding Clauses, s. Lxxix. This clause is followed by Section 79, providing dauses!^ °^ for the usc and signification of certain terms em- ployed throughout the Act. On this clause an observation occurs, which it may be of use to make, that the attention of the Legislature may be drawn hereafter to the subject, and that, if necessary, it may be explained or altered. It is questionable whether the words city or borough there made to include all towns corporate are also made to include the corporate counties. This is the CONCLUDING SECTIONS. 141 more important as it will be found that several of the provisions, affecting boroughs or corporate towns, will be repugnant to such a construction as should embrace those corporate counties. Three temporary Sections, contingent on the then future passing of the Act for settling the Boundaries of Counties and Places, and now therefore become functi officio, follow: and thus concludes this im- portant Statute for amending the Representation of the People in the Parliaments of Great Britain. THE BOUNDARY ACT, 2 & 3 Wm. IV. Cap. 65. THE BOUNDARY ACT. 2 & 3 WM. IV. CAP. LXIV. 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. [July 11, 1832.] Whereas by an Act passed in this present Session of Parliament, and intituled An Act to amend 2 w. 4, c 45. the Representation of the People in England and Wales, it is (amongst other things) provided, that each of the counties enumerated in the Schedule marked (F.) thereto annexed should be divided into Two Divisions, which Divisions should be settled and described by an Act to be passed for that pur- pose in this present Parliament, which Act, when passed, should be deemed and taken to be part of the Act now in recital as fully and effectually as if incorporated therewith ; and that Two Knights of the Shire should be chosen for each Division of the said Counties ; and that the Court for the election of such knights of the shire should be held at the place to be named for that purpose in the Act so to be passed for settling and describing the divisions of the said counties : And whereas the Act so to be passed for settling and describing the Divisions of the said Counties, as in the said recited Act is men- tioned, is this present Act: And whereas the several Counties enumerated in the said Schedule marked (F.) to the said recited Act annexed are the several Counties whereof the Divisions are herein-after set- 148 The Boundary Act, Divisions of Cheshire. . tied and described: Be it therefore enacted by the King'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. That the Two Divisions of the county of CHESTER shall respectively be called the Northern Division and the Southern Division ; and that such Northern Division shall include the whole of the respective hundreds of Macclesfield and Bucklow ; and that such Southern Division shall include the whole of the several hundreds of Broxton, Northwich, Eddisbury, and Nantwich, Wirrall ; and also the city and county of the city of Chester ; and that the Court for the election of knights of the shire shall be held for such Northern Division at the town of Knutsford, and for such Southern Di- vision at the city of Chester. Divisions of Cornwall. II. And be it enacted, That the Two Divisions of the county of CORNWALL shall respectively be called the Eastern Division and the Western Division ; and that such Eastern Division shall include the whole of the several hundreds called East, Stratton, West, and Lesnewth, Trigg ; and also the following ; parishes and places in the hundred of Powder ; (that is to say,) St. Austell, Luxulion, St. Blazey, Mevagissey, St. Denis, St. Mervan, St. Ewe, St. Michael Carhaise, Fowey, Roach, Gorran, St. Sampson's, Ladock, St. Stephen's in Brannel, Lanlivery, and Lostwiihiel, Tyrvardreth. 2 & 3 William IV. Cap. 64. 149 together with all such part of the hundred of Pydar as will not be included in the Western Di- vision of the county of Cornwall next hereinafter described ; and that such Western Division shall include the whole of the respective hundreds of Kerrier and Penwith ; all such part of the hundred of Powder as will not be included in the Eastern Division of the county of Cornwall, hereinbefore described ; the following parishes in the hundred of Pydar, (that is to say,) St. Agnes, Newlyn, Crantock, St. Enoder, and Cubert, Perranzabuloe, and the Scilly Islands ; and that the Court for the election of knights of the shire shall be held for such Eastern Division at the borough of Bodmin, and for such Western Division at the borough of Truro. III. And be it enacted. That the Two Divisions Divisions of of the County of CUMBERLAND shall respec <^'^">''«'^»'»°d. tively be called the Eastern Division and the West- ern Division; and that such Eastern Division shall include the whole of the several wards of Cumberland, and Eskdale, Leath ; and that such Western Division shall include the whole of the respective wards of Allerdale above Derwent, and Allerdale below Derwent ; and that the Court for the election of knights of the shire shall be held for such Eastern Division at the city of Carlisle, and for such Western Division at the borough of Cockermouth. IV. And be it enacted, That the two Divisions Divisions of 1 2 ^^'^•'y- 150 The Boundary Act, of the County of DERBY shall respectively be called the Northern Division and the Southern Divi- sion; and that such Northern Division shall include the whole of the respective hundreds of High Peak, and Scarsdale ; and also so much of the wapentake of Wirksworth as, by virtue of the Order made at the Quarter Sessions of the Peace for the county of Derby held at the borough of Derby on the twenty- eighth day June one thousand eight hundred and thirty-one, is comprised in the Bakewell Divi- sion, as established by such Order ; and that such Southern Division shall include the whole of the several hundreds of Appletree, Morleston and Litchurch, and Repton and Gresley; and all such parts of the wapentake of Wirks- worth as will not be included within the North- ern Division of the County of Derby last herein- before described ; and that the Court for the election of knights of the shire shall be held for such Northern Division at the town of Bakewell, and for such Southern Divi- sion at the county hall in Derby. Divisions of V. And be it enacted, That the Two Divisions of Devon. ^jjg County of DEVON shall respectively be called the Northern Division and the Southern Division; and that such Northern Division shall include the whole of the several hundreds of Bampton, North Tawton and Black Torrington, Winkleigh, Braunton, Shebbear, Crediton, Sherwill, Fremington, South Molton, Halberton, Tiverton, Hartland, Witheridge, Hayridge, and Hemyock, West Budleigh; 2 & a William IV. Cap. 64. 151 and that such Southern Division shall include the whole of the several hundreds of AXMINSTER, HaYTOR, Clyston, Coleridge, COLYTON, StANBOROUGH, Ottery St. Mary, Ermington, East Budleigh, Plympton, LiFTON, Roborouh, and ExMiNSTER, Tavistock; t Teignbridge, and also the Castle of Exeter; and the hundred of Wonford, except such parts of that hundred as are included in the limits of the city of Exeter, as hereinafter described ; and that the Court for the election of knights of the shire shall be held for such Northern Division at the town of South Molton, and for such Southern Division at the city of Exeter. VI. And be it enacted, that the Two Divisions Divisions of of the County of DURHAM shall respectively be o^rham. called the Northern Division and the Southern Divi- sion; and that such Northern Division shall include the whole of the respective wards of Chester and Easington; and that such Southern Division shall include the whole of the respective wards of Darlington and Stockton; and that the Court for the election of knights of the shire shall be held for such Northern Division at the city of Durham, and for such Southern Division at the town of Darlington. VII. And be it enacted, that the Two Divisions Divisions of of the County of ESSEX shall respectively be called ^"*''- the Northern Division and the Southern Division; and that such Northern Division shall include the whole of the several hundreds of 152 The Boundary Act, Clavering, Tendring, DuNMOw, Thurstable, Freshwell, Uttlesford, HiNCKFORD, Winstree, and Lexden, Witham. and that such Southern Division shall include the whole of the several hundreds of Barstable, Harlow, Becontree, Ongar, Chafford, Rochford, Chelmsford, and Dengie, Waltham; and of the liberty of Havering ; and that the Court for the election of knights of the shire shall be held for such Northern Division at the town of Braintree, and for such Southern Divi- sion at the town of Chelmsford. Divisions of VHI. And be it enacted, that the Two Divisions Gloucester, ^f ^-^^ County of GLOUCESTER shall respectively be called the Eastern Division and the Western Divi- sion; and that such Eastern Division shall include the whole of the several hundreds of Crowthorne and Westminster, MiNETY, DeERHURST, Brightwell's Bar- Slaughter, row, Cheltenham, Bradley, Cleeve, Rapsgate. Tibaldston, BisLEY, Tewkesbury, LoNGTREE, and Whitstone, Dudstone and King's KiFTSGATE, Barton ; and also the city and county of the city of Glou- cester, and the borough of Cirencester ; and that such Western Division shall include the whole of the several hundreds of 2 & 3 William IV. Cap. 64. 15S Berkley, Lancaster Duchy, Thornbury, Botloe, Langley and St. Briarvel's, SWINESHEAD, WeSTBURY, Grumbald's Ash, and PucKLE Church, Blidesloe ; and the hundreds of Henbury and Barton Regis, except such parts of those hundreds as are in- cluded in the limits of the city of Bristol as here- inafter described ; and that the Court for the election of knights of the shire shall be held for such Eastern Division at the city of Gloucester, and for such Western Division at the town of Dursley. IX. And be it enacted, That the Two Divisions Divisions of of the County of HANTS shall respectively be i^«»'«- called the Northern Division and the Southern Divi- sion ; and that such Northern Division shall include . the whole of the several now existing Divisions of Alton, Droxford, Andover, Odiham, Basingstoke, Petersfield, and King's Clere, Winchester, as the same are now established by virtue of an Order made by his Majesty's justices of the peace for the county of Hants at the Midsummer Quar- ter Sessions for the said County held at Win- chester on the twenty-eighth day of June, one thousand eight hundred and thirty-one ; and also all such other places, if any, in the said county of Hants, as are locally situated within or are sur- rounded by the said sessional divisions or any of them, and are not mentioned in the said order. and that such Southern Division shall include the whole of the several now existing Divisions of Fareham, Romsey, Lymington, and RiNGwooD, Southampton, 154 The Boundary Act, Divisions of Kent. as the same are now established by the Order aforesaid ; and also all such other places, if any, in the said county of Hants, as are locally si- tuated within or are surrounded by the said four last-mentioned sessional divisions of the said county or any of them, and are not mentioned in the said Order ; and also the town and county of the town of Southampton ; and that the Court for the election of knights of the shire shall be held for such Northern Division at the city of Winchester, and for such Southern Division at the borough of Southampton. X. And be it enacted. That the Two Divisions of the County of KENT shall respectively be called the Eastern Division and the Western Division ; and that such Eastern Division shall include the whole of the respective lathes of St. Augustine and Shepway, (including the liberty of Romney Marsh,) and of the Upper Division of the lathe of Scray ; and that such Western Division shall include the whole of the respective lathes of Sutton-at-Hone and Aylesford, and of the Lower Division of the lathe of Scray ; and that the Court for the election of knights of the shire shall be held for such Eastern Division at the city of Canterbury, and for such Western Division at the borough of Maidstone. Divisions of Lancaster. XI. And be it enacted, That the Two Divisions of the County of LANCASTER shall respectively be called the Northern Division and the Southern Division; and that such Northern Division shall include the whole of the several hundreds of Lonsdale, Amounderness, Leyland, and Blackburn j 2 & 3 William IV. Cap. 64. 155 and that such Southern Division shall include the whole of the respective hundreds of Salford and West Derby; and that the Court for the election of knights of the shire shall be held for such Northern Division at the borough of Lancaster, and for such Southern Division at the town of Newton. XII. And be it enacted, That the Two Divisions Divisions of of the County of LEICESTER shall respectively i^«i^*^«'^"-- be called the Northern Division and the Southern Division; and thai such Northern Division shall include the whole of the several hundreds of West Goscote, and East Goscote, Framland ; and also those two detached portions of the hun- dred of Gartree which are situated on the east of the hundred of East Goscote ; and that such Southern Division shall include the whole of the several hundreds of Gartree (except as before-mentioned), Sparkenhoe, and Guthlaxton ; and also the borough of Leicester and the liber- ties thereof; and that the Court for the election of knights of the shire shall be held for such Northern Division at the town of Loughborough, and for such Southern Division at the borough of Leicester. XIII. And be it enacted, That the Two Divisions Divisions of of the County of NORFOLK shall respectively be ^^'^'■*^"^- called the Eastern Division and the Western Divi- sion ; and that such Eastern Division shall include the whole of the several hundreds of Blofield, Earsham, Clavering, North Erpingham, Depwade, South Erpingham, Diss, Eynesford, i5 156 The Boundary Act, East Flegg, Humbleyard, West Flegg, Loddon, FOREHOE, TaVERSHAM, Happing, Tunstead, and Henstead, Walsham ; and that such Western Division shall include the whole of the several hundreds of Freebridge Marsh- Launditch, land, South Greenhoe, Smithdon, Grimshoe, Freebridge Lynn, North Greenhoe, Clackclose, Wayland, Brothercross, Shropham, Gallow, Gilt Cross, and Holt, Mitford ; and that the Court for the election of knights of the shire shall be held for such Eastern Division at the city of Norwich, and for such Western Division at the town of SwafFham. Divisions of XIV. And be it enacted, That the Two Divisions Northampton ^f ^^g County of NORTHAMPTON shall respec- tively be called the Northern Division and the Southern Division; and that such Northern Division shall include the whole of the liberty of Peterborough, and of the several hundreds of Willybrook, Higham Ferrers, Polebrook, Rothwell, Huxloe, Hamfordshoe, Navisford, and Corby, Orlingbury ; and that such Southern Division shall include the whole of the several hundreds of King's Sutton, Fawsley, Chipping Warden, Wymersley, Green's Norton, Spelhoe, Cleley, Nobottle Grove, and TowcESTER, Guilsborough ; 2 & 3 William IV. Cap. 64. 157 and that the Court for the election of knights of the shire shall be held for such Northern Division at the town of Kettering, and for such Southern Division at the borough of Northampton. XV. And be it enacted, That the Two Divisions Divisions of of the County of NORTHUMBERLAND shall ^^yhumber- respectively be called the Northern Division and the Southern Division; and that such Northern Division shall include the whole of the several wards of Bamborough, Glendale, and COQUETDALE, MoRPETH, and of the Berwick Bounds ; and that such Southern Division shall include the whole of the respective wards of Tynedale and Castle, and also the town and county of the town of Newcastle-upon-Tyne ; and that the Court for the election of knights of the shire shall be held for such Northern Division at the town of Alnwick and for such Southern Division at the town of Hexham. XVI. And be it enacted. That the Two Divisions Divisions of of the County of NOTTINGHAM shall respec- Nottingham. tively be called the Northern Division and the Southern Division ; and that such Northern Division shall include the whole of the respective hundreds of Bassetlaw and Broxstow ; and that such Southern Division shall include the whole of the several hundreds of RusHCLiFFE, Newark, and Bingham, Thurgarton; and that the Court for the election of knights of the shire shall be held for such Northern Division at the town of Mansfield, and for such Southern Division at the borough of Newark. XVII. And be it enacted. That the Two Divi- Divisions of sions of the County of SALOP shall respectively be ^*'**p- 158 The Boundary Act, called the Northern Division and the Southern Divi- sion ; and that such Northern Division shall include the whole of the several hundreds of Oswestry, North Bradford, and PiMHiLL, South Bradford, and of the liberty of Shrewsbury ; and that such Southern Division shall include the whole of the several hundreds of Brimstrey, Overs, Chirbury, Purslow, including Clun, Condover, and Ford, Stoddesdon, MuNSLOW, and of the franchise of Wenlock ; and that the Court for the election of knights of the shire shall be held for such Northern Division at the borough of Shrewsbury, and for such Southern Division at the town of Church Stretton. Divisions of XVIII. And be it enacted. That the Two Divi- Somerset. gions of the County of SOMERSET shall respec- tively be called the Eastern Division and the Western Division ; and that such Eastern Division shall in- clude the whole of the several hundreds or liberties of Bath Forum, Hampton and Cla- Bempstone, verton. Brent and Wring- Horethorne, ton, Keynsham, Bruton, Kilmersdon, Catsash, Mells and Leigh, Chew and Chewton, Portbury, Norton Ferris, Wellow, Frome, Wells Forum, Glaston Twelve Whitstone, Hides, Winterstoke, and Witham Friary ; and also the hundred of Hartcliffe with Bed- minster, except such parts of that hundred as are included in the limits of the city of Bristol as herein-after described ; 2&3 William IV. Cap. 64. 159 and that such Western Division shall include the whole of the several hundreds of AbDICK & BULSTONE, MiLVERTON, Andersfield, North Petherton, Cannington, South Petherton, Carhampton, Pitney, Crewkerne, Somerton, North Curry, Stone, HouNDSBORouGH, Taunton and Taunton Berwick, &CoKER, Dean, HuNTSPiLL andPuRi- Tintinhull, TON, Whitley, and Kingsbury, East, Williton and Free- KiNGSBURY, West, manors ; Martock, and that the Court for the election of knights of the shire shall be held for such Eastern Division at the city of Wells, and for such Western Division at the borough of Taunton. XIX. And be it enacted. That the Two Divisions Divisions of of the county of STAFFORD shall respectively be Stafford. called the Northern Division and the Southern Divi- sion; and that such Northern Division shall include the whole of the several hundreds of PiREHiLL, North Offlow ; ToTMONSLow, and and that such Southern Division shall include the whole of the respective hundreds of South Offlow, Cuttlestone ; Seisdon, and and that the Court for the election of knights of the shire shall be held for such Northern Division at the borough of Stafford, and for such Southern Di- vision at the city of Lichfield. XX. And be it enacted, That the Two Divi- P'p'';^"'' ^* sions of the county of SUFFOLK shall respectively be called the Eastern Division and the Western Divi- sion; and that such Western Division shall include the whole of the liberty of 160 The Boundary Act, Divisions of Surrey, Bury St. Edmund's and of the respective hundreds of Hartesmere and Stow; and that such Eastern Division shall include all such parts of the county of Suffolk as are not comprised in the liberty of Bury St. Edmund's, or in either of the hundreds of Hartesmere and Stow ; and that the Court for the election of knights of the shire shall be held for such Western Division at the borough of Bury St. Edmund's, and for such Eastern Division at the borough of Ipswich. XXI. And be it enacted, That the Two Divisions of the county of SURREY shall respectively be called the Eastern Division and the Western Division; and that such Eastern Division shall include the whole of the several hundreds of Brixton, Tandridge, Kingston, and Reigate, Wallington; and that such Western Division shall include the whole of the several hundreds of Blackheath, Godalming, Copthorne, Godley and Chertsey, Effingham, Woking, and Elmbridge, Wotton ; Farnham, and that the Court for the election of knights of the shire shall be held for such Eastern Division at the town of Croydon, and for such Western Division at the borough of Guildford. Divisions of Sussex. XXII. And be it enacted, That the Two Divisions of the county of SUSSEX shall respectively be called the Eastern Division and the Western Division ; and that such Eastern Division shall include the whole of the several rapes of Lewes, Pevensey; Hastings, and and that such Western Division shall include the whole of the several rapes of 2& 3 William IV. Cap. 64. 161 Arundel, Chichester; Bramber, and and that the Court for the election of knights of the shire shall be held for such Eastern Division at the borough of Lewes, and for such Western Division at the city of Chichester. XXIII. And be it enacted, That the Two Divi- Divisions of sionsofthecounty of WARWICK shall respectively ^^^•■^'*^'^- be called the Northern Division and the Southern Division; and that such Northern Division shall in- clude the whole of the hundred of Hemlingford, and of the county of the city of Coventry, and the Rugby Division, and the Kirhy Division of the hundred of Knightlow ; and that such Southern Division shall include the whole of the respective hundreds of Barlichway and Kington, and the Kenilrvorth Division, and the Southam Division of the hundred of Knightlow ; and that the Court for the election of knights of the shire shall be held for such Northern Division at the town of Coleshill, and for such Southern Divi- sion at the borough of Warwick. XXIV. And be it enacted, That the Two Divi- Divisions of sions of the county of WILTS shall respectively be ^''"• called the Northern Division and the Southern Divi- sion; and that such Northern Division shall include the whole of the several hundreds of Chippenham, Ramsbury, North Damerham, Whorwelsdown, Bradford, Swanborough, Melksham, Highworth,Cricklade, Potterne and Can- and Staple, NINGS, KiNGSBRIDGE, Calne, and Selkley, Malmsbury ; IBfi The Boundary Act, and that such Southern Division shall include the whole of the several hundreds of KiNWARDSTONE, DoWNTON, Heytesbury, Chalk, Branch and Dole, Dunworth, Elstub and Ever- Cawden and Cadworth, ley, Frustfield, Amesbury, Alderbury, Warminster, Underditch, Mere, and South Damerham, Westbury; and that the Court for the election of knights of the shire shall be held for such Northern Division at the borough of Devizes, and for such Southern Di- vision at the city of Salisbury. Divisions of XXV. And be it enacted, That the Two Divi- worcester. ^j^^^ ^^ ^j^^ ^^^^^ ^^ WORCESTER shall respec- tively be called the Eastern Division and the Western Division ; and that such Eastern Division shall in- clude the whole of the several now existing divisions Stourbridge, Northfield, Dudley, Blockley, and Droitwich, Pershore, as the same are established by an order made by his Majesty's Justices of the Peace for the county of Worcester at the Epiphany Quarter Sessions for the year one thousand eight hundred and thirty-one ; and also the borough of Evesham : and also all such other places, if any, in the said county of Worcester, as are locally situated within or are surrounded by the herein-before mentioned sessional divisions thereof, or any of them, and are not mentioned in the said order ; and that such Western Division shall include the whole of the several now existing divisions of Upton, Hundred House, and Worcester, Kidderminster, 2 & 3 William IV. Cap. 64. I63 as the same are established by the last-mentioned order ; and also the city and county of the city of Worcester ; and also all such other places, if any, in the said county of Worcester, as are locally situated within or are surrounded by the four lastly herein-before mentioned sessional divisions thereof, or any of them, and are not mentioned in the said order ; and that the Court for the election of knights of the shire shall be held for such Eastern Division at the borough of Droitwich, and for such Western Division at the city of Worcester. XXVI. And be it enacted. That the isolated Provision for parts of counties in England and Wales which are pai^g'^o? described in the Schedule to this Act annexed, countiea. marked (M.) shall, as to the election of members to serve in Parliament as Knights of the Shire, be considered as forming parts of the respective coun- ties and divisions which are respectively mentioned in the fourth column of the said Schedule (M.) in conjunction with the names of such isolated parts respectively ; and that every part of any county in England or Wales which is detached from the main body of such county, but for which no special pro- vision is hereby made, shall be considered, for the purposes of the election of members to serve in Parliament as Knights of the Shire, as forming part of that county, (not being a county corporate,) and of that division, riding, or parts, whereby such de- tached part shall be surrounded ; but if any such detached part shall be surrounded by two or more counties, or divisions, ridings, or parts, then as forming part of that county, or division, riding, or parts, with which such detached part shall have the longest common boundary. XXVII. And be it further enacted. That as re- Provision for spects the counties of York and Lincoln, and also *art3*?h'*'* the counties herein-before divided, except the coun- dreds,**&c.""* 164 The Boundary Act, ties of Hants and Worcester, every portion of any hundred, ward, wapentake, rape, lathe, or liberty of any such county which is detached from the main body of such hundred, ward, wapentake, rape, lathe or liberty, and is also locally separated from that division of the county to which such main body is to belong under the provisions contained in this Act, or in the herein-before recited Act, but which is not subject to the provisions lastly herein-before con- tained, shall, for the purpose of the election of members to serve in Parliament as Knights of the Shire, be considered as forming part of that division, parts, or riding of the same county by which such detached portion is surrounded or to which it adjoins. Provisiou for XXVIII. And be it enacted, That all liberties, liberties, &c. n , • , i , . ..,..' iranchises, and places havmg a separate jurisdiction, which are not herein-before expressly mentioned, (except the several cities and towns, and counties thereof respectively, of Bristol, Exeter, Lichfield, Norwich, and Nottingham, and except the several places by this Act comprised within the boundaries thereof respectively,) shall, as to the election of members to serve in Parliament as Knights of the Shire, respectively be considered as included within the respective divisions hereby established in which such liberties, franchises, and places having a sepa- rate jurisdiction shall be locally situated. County poll- XXIX. And whereas by the herein-before recited shaifbe*^such ^^^ ^^ ^^ ^^^^ provided, that the respective counties as are men- in England and Wales, and the respective ridings, Schedule (N.) parts, and divisions of counties, should be divided to this Act. into convenient districts for polling, and that in each district should be appointed a convenient place for taking the poll at all elections of a Knight or Knights of the Shire to serve in any future Parliament, and that such districts and places for taking the poll should be settled and appointed by the Act to be passed in this present Parliament for the purpose of settling and describing the divisions of the counties 2 & 3 WiLLiAivf IV. Cap. 64. 165 enumerated in the Schedule marked (F.) to the said recited Act annexed, provided that no county, nor any riding, parts, or division of a county, should have more th^n fifteen districts and respective places appointed for taking the poll for such county, riding, parts, or division ; and by the said recited Act it is also provided that the several boroughs of New Shoreham, Cricklade, Aylesbury, and East Retford, as thereby defined, should be divided into conve- nient districts for polling, and that there should be appointed in each district a convenient place for taking the poll at all elections of members to serve in any future Parliament for each of the said bo- roughs, which districts and places for taking the poll should be settled and appointed by an Act to be passed in this present Parliament ; be it therefore enacted. That the poll for election of Knights of the Shire shall be taken at such places as in the Schedule to this Act annexed, marked (N.) are mentioned in conjunction with the names of the counties, and of the ridings, parts, and divisions of counties, in which such places are respectively situated. XXX. And be it enacted, That the Justices of Polling the Peace for every county in England and Wales, J^Jn^^ls to'^be and for each of the ridings of Yorkshire, and for settled by the parts of Lindsey, and for the parts of Kesteven ^"^^**^*^- and Holland, in Lincolnshire, assembled at the Quarter Sessions to be holden in the month of October in the present year, or at some Special Sessions to be appointed by them so assembled as aforesaid which shall be holden on or before the last day of October in the present year, shall divide their respective counties, and ridings, parts, and divisions of counties, into convenient districts for polling, and shall assign one of such districts to every polling place mentioned in the said Schedule marked (N.) to this Act annexed ; and that a list describing the districts named in every such assign- ment, and naming the polling places to which such districts are respectively assigned, shall be lodged 166 The Boundary Act, with the Clerk of the Peace of the county, riding, or parts, who shall forthwith cause copies of such list to be printed, and shall deliver a copy of such list to every person who shall apply for the same upon payment of one shilling for each copy. lu what XXXI. Provided always, and be it enacted. That piaces^having ^^r the purposc of assigning such districts to every separate polling placc as aforesaid, every liberty, franchise, ar"to beacon- and placc having a separate or exclusive jurisdiction sifiered. shall be considered as being within that county, and within that division, riding, or parts, in which such liberty, franchise, or place is placed by this Act, or by the Act herein-before recited, or in which the same is locally situated : Provided nevertheless, that the Justices of the Peace for the Isle of Ely, assembled at the Quarter Sessions for the said Isle of Ely to be holden in the month of October in the present year, or at some Special Sessions to be ap- pointed by them, so assembled as aforesaid, which shall be holden on or before the last day of October, in the present year, shall divide the said Isle of Ely into convenient districts for polling, and shall assign one of such districts to every polling place within the said Isle of Ely mentioned in the said Schedule (N.) ; and that a list, describing the districts named in such assignment, and naming the polling places to which such districts are respectively assigned, shall be lodged with the Clerk of the Peace for the said Isle of Ely, who shall allow the same, or a copy thereof, to be inspected at his office at all times. Poiiingpiaces. XXXII. And be it enacted. That the poll for the Shoreham election of members to serve in Parliament for the &c. ' said several boroughs of New Shoreham, Cricklade, Aylesbury, and East Retford shall be taken at the place or places which in the Schedule to this Act annexed, marked (N. 2,) is or are mentioned in conjunction with the names of such several boroughs respectively. Polling dis- XXXIII. And be it enacted. That the Justices Shorebam,^^ of the Peace for the respective counties in which 2 & 3 William IV. Cap. 64. 167 :he boroughs of New Shorehara, Cricklade, and &c. to be East Retford are situated, shall, at the Quarter Jus^/fcts^ Sessions to be holden in the month of October in the present year, divide the said boroughs of New Shoreham, Cricklade, and East Retford into con- venient districts for polling, and shall assign one of such districts to every polling place for the said boroughs of New Shoreham, Cricklade, and East Retford, mentioned in the said Schedule to this Act annexed, marked (N. 2.) ; and that a list describing the districts named in such as- signment, and naming the polling places to which such districts are respectively assigned, shall be lodged with the returning officer of the respective borough, who shall forthwith cause copies of such list to be printed, and to be fixed on the doors of the several churches and chapels within the borough for which such districts are assigned. XXXIV. And be it enacted. That, if it shall seem Election or fit to the Sheriff, the Court for the election of Pg;,'"^^ /^^'^/^ Knights of the Shire may be held, or the poll may in the neigh- be taken, at any place or spot in the neighbourhood JbTe^named of any place appointed by this Act for holding such »» this Act. Court or taking such poll respectively, at which such Court or poll may have heretofore been held or taken, or which may be convenient for either of those purposes ; any thing herein contained not- withstanding. XXXV. And whereas by the Act herein-before Contents and recited it is also provided that each of the places sSfbT^ruch enumerated in the Schedules thereto annexed re- asaresetfonh spectively marked (C), (D.), and (E.), and that JootlSls every city and borough in England which before the ^c^* passing of the said recited Act was entitled to re- turn a member or members to serve in Parliament, (except the several boroughs enumerated in the Schedule thereto annexed, marked (A.), and except the several boroughs of New Shoreham, Cricklade, Aylesbury, and East Retford,) and that the borough of Brecon, and each of the towns of Swansea, 168 The Boundary Act, Loughor, Neath, Aberavon, and Ken-fig, should, for the purposes of the said recited Act, include the place or places respectively which should be com- prehended within such boundaries as should be settled and described by an Act to be passed for that purpose in this present Parliament, which Act when passed should be deemed and taken to be part of the said recited Act as fully and effectually as if incorporated therewith : And whereas the Act so to be passed for settling and describing the boun- daries of cities, boroughs, and places as in the said recited Act is mentioned in this present Act : And whereas the several cities, boroughs, and places whereof the boundaries were so to be settled and described as in the said recited Act is mentioned are the several cities, boroughs, and places which are specified in the Schedule to this Act annexed marked (O.); be it therefore further enacted and de- clared. That the several cities, boroughs, and places specified in the said Schedule to this Act annexed marked (O.) shall, as to the election of members or a member to serve in Parliament, respectively in- clude the places and be comprised within the boun- daries which in such Schedule are respectively spe- cified and described in conjunction with the names of such cities, boroughs, and places respectively. Rules for the XXXVI. And be it enacted, That, subject to any oflhed?-^^" direction to the contrary, the following rules shall be scriptions observed in the construction of the several descrip- SchedSfe (O) tions of boundaries contained in the said Schedule to this Act. hereto annexed marked (O.) ; (that is to say,) 1. That the words "Northward," "Southward," " Eastward," "Westward," shall respectively be understood to denote only the general direction in which any boundary proceeds from the point last described, and not that such boundary shall continue to proceed throughout in the same direction to the point next described : 2. That when any road is mentioned merely by the name of the place to which such road 2 & 3 William IV. Cap. 64. 169 leads, the principal road thither from the city, borough, or place of which the boundary is in course of description shall be understood : 3. That whenever a line is said to be drawn from, to, or through an object, such line shall, in the absence of any direction to the contrary, be understood to be drawn from, to, or through the centre of such object, as nearly as the centre thereof can be ascertained : 4. That every building through which or through any part whereof any boundary hereby esta- blished shall pass shall be considered as within such boundary : provided always, that if the boundaries of any two or more of the cities, boroughs, and places whereof the con- tents and boundaries are hereby settled and described shall pass through the same build- ing or any part thereof, such building shall be considered as within that one of such two or more of the said cities, boroughs, and places which was before the passing of ^the herein- before recited Act entitled to return mem- bers or a member to serve in Parliament, or if neither or more than one of such two or more of the said cities, boroughs, and places shall have been so entitled, then within that one of them whereof the area as hereby esta- blished is the smallest : 5. That whenever any boundary by this Act esta- blished is said to pass along any other boun- dary, or along any road, lane, path, river, stream, canal, drain, brook, or ditch, the middle (as nearly as the same can be ascer- tained) of such other boundary, or of such road, lane, path, river, stream, canal, drain, brook, or ditch, shall be understood : 6. That the middle of any road or lane shall be understood as the middle of the carriageway along the same : 7. That when any boundary by this Act esta- blished is said to proceed along a road, lane, path, river, stream, canal, or drain, from or 170 The Boundary Act, to an object, such boundary shall be under- stood to proceed from or to that point in the middle of such road, lane, path, river, stream, canal, or drain from which the shortest line would be drawn to the centre of such object, as nearly as the centre thereof can be ascer- tained : 8. That the point at which any fence, hedge, wall, boundary, road, lane, path, river, stream, canal, drain, brook, or ditch is said to cut, meet, join, cross, reach, or leave any fence, hedge, wall, boundary, road, lane, path, river, stream, canal, drain, brook, or ditch, shall be understood as that point at which a line passing along the middle of the fence, hedge, wall, boundary, road, lane, path, river, stream, canal, drain, brook, or ditch so cut, met, joined, crossed, reached, or left, would be intersected by a line drawn along the middle of the fence, hedge, wall, boun- dary, road, lane, path, river, stream, canal, drain, brook, or ditch so cutting, meeting, joining, crossing, reaching, or leaving, if such line were prolonged sufficiently far : 9. That when a line is said to be drawn to a road, lane, river, stream, or canal, such line shall be considered as prolonged to the middle of such road, lane, river, stream, or canal : 10. That by the words "sea" and "sea coast" shall be understood the low-water mark : 11. That if any deficiency shall be found to exist in the line of any boundary described in the said Schedule to this Act annexed marked (O.), by reason of the intervention of any space between any two immediately conse- cutive points, such deficiency shall be sup- plied by a straight line to be drawn from the one to the other of such two immediately consecutive points. Provision as XXXVII. And be it further enacted, That, not- pam of ''^'^ withstanding the generality of any description con- 2 & 3 William IV. Cap. 64. 171 :ained in the said Schedule to this Act annexed parishes, &c. inarked (O.), no city, borough, or place, the con- parochlai"^'^'* tents whereof are specified in such schedule, shall places, include any part of any parish, township, hamlet, chapelry, tithing, manor, or liberty which is detached from the main body of such parish, township, ham- let, chapelry, tithing, manor, or liberty, if, by reason of including such detached part, the boundary hereby established of such city, borough, or place would not be continuous, unless such detached part shall, before the passing of this Act, have formed part of such city, borough, or place for the purpose of the election of members to serve in Parhament ; but that all places, parochial or extra-parochial, which are surrounded by the contents of which any city, borough, or place is said, in such schedule marked (O.), to consist, but for which no provision is made in such Schedule (O.), shall be considered as in- cluded within such city, borough, or place, for the purpose of the election of members to serve in Parliament. XXXVIII. Provided always, and be it enacted. Misnomer That no misnomer or inaccurate description contained "nd^hrde-*^' in this Act, or in any of the schedules hereto an- scripuons in nexed, shall in anywise prevent or abridge the ope- to^be conL '* ration of this Act with respect to the subject of such ^^^.^'^ ^^ description, provided the same shall be so designated uTJVs" Cku as to be commonly understood ; and that for the ^^^*- purpose of identifying the descriptions contained in the said schedule (O.) with the subjects of such de- scriptions respectively, such descriptions shall, if now inapplicable, be held to apply to such subjects as they existed on the first day of October One thousand eight hundred and thirty-one. XXXIX. Provided always, and be it enacted, Act may be amendec" Session. That this Act may be amended or altered by any '''"^"f^^^ ^i"» Act or Acts to be passed during this present Session of Parliament. 172 The Boundary Act, < i o CO W P p w CO S •" .2 TJ ■■5-S oj'S « « .2 2 .2 > « isQ fl . . . •^ g g . S £ 2 S rg -s i^ 2 -5 :s '^ "^ 1 i^ '-si -H -H -I QJ ri; -kT X X !«! WO ^ O O O O O o ;2; '2 "2 w ffi W O S § s ]B \S ]S Cfl t« to tJ "73 TS ^ «2 ^ »C- is CQ < !-s -r. «e ^^"^» - -S '^'S pH H-3 eU| CO o O es S J5X! >2 (u o jO c2 ^ a; PQ pQ pq a> (U pq pq pq PP 2 & 3 William IV. Cap. 64. 173 fi e o § a o C .2 '> '> .2 > *> O ft P P ej ^ fl OJ C fl II II II 2 J to 2 1 o o fi p C/2 P P p Pi ■S o P"^ '2 "i '•! w CO ir .§ .§ ^ 1-5 »-! 00 j2 j2 SO S o '"^ ^ ^ o n ^ S P-S -ep o . 3 ■■3 SJ) * to . PL( • o o o :::3 rt W O cs 3 M rt "iB o rt PhDh <1 o H o II Ph CIh cs to Ph, CO QJ '^ Oh -I to a H P- <1 p k2 P P P 174 The Boundary Act, .1 fl c a c c c c c C S— ». -c c o o c o o o o Counties and Divis which it is intende the isolated Pari should be annexe o .2 .2 2 M .2 w Ol •s 2 52 > > •s > Q 5 Q g5 1! 15 11 .^1 .§1 1 o 1^ 11 II 1^ II 11 ^ o 3 O II o o ^ u Q o Q p O Q Q ^ ^ ^ fi : p o «" 5 o o 12; ^ ill So 5 |o| I o ^ : : ^ o • : s ^ : if M '. • ^ CO ! : 's Ph • • -J a? • . r^ s ; : £ ^ : *fi • : ^§ « J P4 ^ S -i^ 2 -^ £ Ph ^ ^H ^-5 ^^ t> CQ C3 CO C3 Pli Oh PM C^ 3 ^ Cm O "5 s • ^ * 5 o CO rt H •So- j= ^ 2 & 3 William IV. Cap. 64. 175 s j3 a a a a o o >H :2 3, 'S > O Q nr« nr« i « sS i a a 2 -S oJ 11 gi Shropshire, Southern Worcestershi Western 2J p3 1 s -i 1 X O O 1 ffi ■-^P •5 "5 O O S S C (3 O O fi 2 is S j2 '-i ^-1 -^ OD -^ s -s fcO a i: rt o -fl ^f2i fl 1 QJ O « pq ^ a o • bJD ! .2 • ^^^y^ V^V^i* !> O K CO //^>^ S S 2 s s sa c o o eq PQ I i o cS -fl O -^ fi. S -^ 5 «j o S K -5 U •5 § :§ pE4 H^ pq Ph Ph o o CO a § U fL, CU 2 t2 OOO OOOWK 2 £ o QD "S "2 'S <« <« ^ ^ ^ ^ -H V a3 a> (u a s S hI! S S hCi S S 176 The Boundary Act, 2 & 3 William IV. Cap. 64. 177 J rehire, rn Divis rshire, n Divis i^^ i.S.g.£|||| lllli^il (i ^ li >-i o o ^ mpqcqmo o o /^■^^-^ «.3 o ^^ o CO fc- ;S ^ So PQ g g g 2 3 3 ^ "-S (« CO M (/J 0)0)0)0 FQmpPpq o o t« ll ^ « (3 •- .-2 *i II (^ -s S 2 c3.2 ^ ,2 i<5n : «> g 2 ;fl -^ :i ^ fab ' eS i' S 'rt "S So >>c S " ° « " ~ Shwpq "3 £ 2 £ .^ * ^ CO j« M ^ CO I i78 The Boundary Act, »J3 .2 -C wTJ ^ s £3 c a c « 5 r « o .2 O o o and Divi is intend oiated Pa be annex g'S S3 .!2 .2 .2 .22 «3 gj J II 2 S -^ S P l« i1 12 a S.-.2 2 3i B 2 £ 5J f^ SB oj « i o s i-g^l s H 2& 3 William IV. Cap. 64. 179 . .11 I £ S bo bO S ^ J3 o o g w M g a ^ •S .2 § ^ Q> /^^^ {H CO • O fo « i^ .£3 n a ^ ^ Q a CI a a iS i; o So p a S « S S 2 o « « Sea <^ o 2 ^ oJ 'o 150^ a a o 2 be S- O lU ^ w — - o 2 jaxi c ^ ana bD.2 t: S a -^-j:; oj •- w 2 p a I ^ • >> • ^ a, n3 O 0^ 5 c ja o 3J a -='-- ot;.OfloO'-- t^ "^ T5 O «*- i_H "^ '»-• K 5 a c _^ .5.2 be 50 g -a j3 5 5 £3 J2 i2 s a -i< '"*' The Boundary Act, SCHEDULE (N.) Counties. Divisions. Polling Places. ENGLAND. Bedford. 1 Luton. Bedfordshire JLeighton. j Ampthill. f Biggleswade. Sharnbrooke. '"Abingdon. Reading. Newbury. Berkshire j Wantage. Wokingham. Maidenhead. Great Faringdon. ^East Ilsley. C Aylesbury. Buckinghamshire ) Buckingham. * j Newport Pagnel. (^ Beaconsfield. Cambridgeshire -| Newmarket. ( Roys ton. I^^eofEly jwfsbeach. t Whittlesey. !Knutsford. Stockport Macclesfield. Runcorn. ! Chester. Nantwich. Northwich. Sandbach. Birkenhead. 2 & 3 William IV. Cap. 64. 181 Counties. Cornwall Cornwall . . Cumberland Divisions. Polling Places, Cumberland . Derbyshire . Derbyshire , . /"Bodmin. 1 Launceston. Eastern Division < Liskeard. J Stratton. V.St. Austell. r Truro. WesternDivision ^ HektoT' (Redruth, /"Carlisle. 1 Brampton. < Wigton. i Penrith. VAldstone. Eastern Division /"Cockermouth. \ Aspatria. Western Division < Keswick. i Bootle. ^Egremont. SBakewell. Chesterfield. Chapel-en-le-Frith. Alfreton. Glossop. n Derby. Ashbourn. Southern Division^ Wirksworth. J Melbourn. V.Belper. Devonshire . . . Northern Division 1 South Molton. CoUumpton. Barnstaple. Torrington. Holsworthy. Crediton. 182 The Boundary Act, Counties. Devonshire . Dorsetshire Durham Divisions. Polling Places. r Exeter. \ Honiton. 1 Newton Abbot. Southern Division/ Kingsbridge. j Plymouth. ' I Tavistock. V Okehampton. Dorchester. Wimborne. Wareham. Beaminster. Sherborne. Shaftesbury. Blandford. Chesilton. fDurham. Sunderland. Northern Division^ WkkhTm"'' Chester-Ie-Street. South Shields. r Darlington. I Stockton. Durham „ - XN- . . 1 Bishop's Auckland . Southern Division^ Stanhope. i Middleton Teesdale. f Barnard Castle. V Sedgefield. Essex Essex Northern Division Southern Division Braintree. Colchester. Saffron Walden. Thorpe. Chelmsford. i Billericay. /Romford. Epping. Rochford. Maldon. / 2&3 William IV. Cap. 64. 183 Counties. Gloucestershire . Eastern Division Gloucestershire . Hampshire Northern Divisioni Hampshire Herefordshire Hertfordshire Divisions. Polling Places. Gloucester. Stroud. Tewkesbury, Cirencester. Campden. Northleach. Cheltenham. z' Wotton-under-Edge. I Newent. 1 Newnham. Western Division/ Coleford. I Sodbury. I Thornbury. ^^Dursley. Winchester. Alton. Andover. Basingstoke. Kingsclere. Odiham. Petersfield. Bishop's Waltham, Southampton. i Fareham. Southern Division< ^^""^"^^7/ \ Portsmouth. / Ringwood. ^ Romsey. Hereford. Leominster. Bromyard. Ledbury. Ross. Kington. Hertford. Stevenage. Buntingford. Bishop's Stortford. Hoddesdon. Hatfield. .Hemel Hempstead 184 The Boundary Act, Counties. Divisions, Polling Places. Huntingdonshire ^ Sti'ko'^^'^^"* /" Canterbury. \ Sittingbourne. Kent Eastern Division < Ashford. / New Romney. (.Ramsgate. ^Maidstone. i Bromley. Kent Western Division -?^^^^^^^^^> , J (jrravesend. I Tonbridge. ^ Cranbrooke. Lancashire Lancashire Leicestershire . Leicestershire . Southern Division ! Lincolnshire . . Parts of Lindsey Lancaster. Hawkeshead. Northern Division^ P^ZZT' / Preston. ^ Burnley. Newton. Wigan. Manchester. Liverpool. Ormskirk. Rochdale. C Loughborough. Northern Division^ Melton Mowbray. I Ashby-de-la-Zouch. r Leicester. Southern Division < Hinckley. (^ Market Harborough. 'Lincoln. Gainsborough. Epworth. Barton. Brigg. Market Raisin, Great Grimsby. Louth. Spilsby. Horncastle. 2 & 3 William IV. Cap. 64. 185 Counties. Lincolnshire Divisions. {Parts of Kesteven^ and Holland Middlesex Monmouthshire Norfolk . . Norfolk Polling Places, fSleaford. Boston. Holbeach. Bourn. Donington. Navenby. Spalding. Grantham. Brentford. Enfield. King's Cross, or with- in half a mile thereof. -^ Hammersmith. Bedfont. Edgware. Mile End. ^Uxbridge. ' ^ Monmouth. \ Abergavenny. ^Usk. 1 Newport. / The Rock Inn, in the parish of Bedwelty. /"Norwich. 1 Yarmouth. Eastern Division < Reepham. i North Walsham. V.Long Stratton. SwafFham. Downham. Fakenham. Lynn Regis. Thetford. East Dereham. Western Division /"Kettering. 1 Peterborough. Northamptonshire Northern Division < Oundle. J Wellingborough. vClipston. 186 The Boundary Act, Counties. Northamptonshire Northamptonshire Northumberland Nottinghamshire Nottinghamshire Oxfordshire Divisions. Polling Places. C Northampton. Southern Division < rp / * j lowcester. (^ Brackley. /'Alnwick. 1 Berwick. Northern Division < Wooler. J Elsdon. (.Morpeth. r Hexham. 1 Newcastle uponTyne Southern Division < Haltwhistle. J Bellingham. V,Stamfordham. r Nottingham. Northern Division < Mansfield. (East Retford. ( Newark upon Trent. Southern Division < Bingham. I Southwell. r Oxford. J Deddington. J Witney. ^Nettlebed. Rutlandshire Oakham. Shropshire Shropshire C Shrewsbury. Northern Division } whTSch. (^ Wellington. r Church Stretton. \ Bridgnorth. Southern Division < Ludlow. i Bishop's Castle. CWenlock. 2 & 3 William IV. Cap. 187 Counties. Somersetshire Somersetshire . Staffordshire Staffordshire Suffolk Suffolk . . . Surrey Divisions. Eastern Division Polling Places. Wells. Bath. 7 Shepton Mallet. \ Bedminster. / Axbridge. Wincanton. S Northern Division ■ r Taunton. WT . r\- • ■ J Bridgwater. Western Division ^Ij^j^°^^^^ (Williton. Stafford. Leek. Newcastle-under- Lyme. Cheadle. Abbots Bromley. r Walsall. 1 Lichfield. Southern Division-^ Wolverhampton. Penkridge. King's Swinford. Ipswich. Needham. Woodbridge. Eastern Division -^ Framlingham. Saxmundham. Halesworth. ^Beccles. 'Bury St. Edmund's Wickham Brook. Lavenham. Western Division ^ Stowmarket. IBotesdale. Mildenhall. l^Hadleigh. C Croydon. Eastern Division ) Camberwell. (^ Kingston. 188 The Boundary Act, Counties. Divisions. Polling Places. C Guildford. Surrey . . . . Western Division < Dorking. ( Chertsey. r Lewes. Sussex . . . T^ ^ T^- • • 1 East Grinstead. . Eastern Division ^ battle. CMayfield. r Chichester. Sussex . . . 1 Steyning. . Western Division < Petworth. J Horsham. V,Arundell. rColeshill. \ Nuneaton. Warwickshire . . Northern Divisions Coventry. J Birmingham. (.D unchurch. /"Warwick. 1 Kineton. Warwickshire . . Southern Division < Stratford. ) Henley. (.Southam. ^Applehy. i Kirkby-Stephen. Westmoreland , 1 Shap. \ Ambleside. / Kendal. ^ Kirkby-Lonsdale. Isle of Wight . ' 1 Newport. I West Cowes. Wiltshire Wiltshire ! Devizes. Melksham. Malmsbury. Swindon. r Salisbury. ci .1. -n- • • J Warminster. Southern Division^ j.^^^ g^^^i^y^ (^Hindon. 2& 3 William IV. Cap. 64. 189 Counties. ^ Worcestershire Worcestershire Divisions, Polling Places. . Eastern Division Yorkshire . North Riding Yorkshire East Riding . k^orkshire . West Riding Droitwich. Pershore. Shipston. Stourbridge. r Worcester. Western Division < cF ^^' ^ j btourport. (^ Tenbury. rYork. Malton. Scarborough. Whitby. Stokesley. Guisborough. Romaldkirk. Richmond. Askrigg. Thirsk. Northallerton. l< Kirby Moor Side. Beverley. Hull. Driffield. Pocklington. Bridlington. Howden. Hedon. Settrington. r Wakefield. Sheffield. Doncaster. Snaith. Huddersfield. Halifax. Bradford. Barnsley. Leeds. Keighley. Settle. Knaresborough. Skipton. ] Pately Bridge. LDent. 190 The Boundary Act, WALES. Counties. Divisions. Polling Places. C Beaumaris, Anglesea < Holyhead. ( Llangefni. Brecknockshire Brecon. Llandilo Vawr. Caermarthen. . Llandovery. ^. „ Caermarthenshire N Newcastle Emlyn/ Saint Clears. Llanelly. Llansawel. t Cardigan. t^ V ,. J Aberystwith. Cardiganshire -j Lampeter. ( Tregaron. r Carnarvon. ^ , . 1 Conway. Carnarvonshire ^ Capel Cerrig. C Pwllheli. r Denbigh. \ Wrexham. Denbighshire -^Llanrwst. J Llangollen. (.Ruthin. f Flint. Flintshire < Rhuddlan. . ( Overton. Bridgend. Cardiff. Glamorganshire ^ Swansea. J Neath. (.Merthyr-Tydvil. ( Harlech. \ Bala. Merionethshire ^Dolgelly. Towyn. Corwen. 1 ( (_( 2 & 3 William IV. Cap. 64. 191 Counties. Divisions. Polling Places. r Montgomery. 1 Llanidloes. Montgomeryshire ^Machynlleth. i Llanfyllin. (.Llanvair. Haverfordwest. Pembroke. Narberth. Pembrokeshire ^ Fishguard. Newport. Tenby. Mathry. New Radnor. Presteign. T, , , I I^haydr. Radnorshire ^ Painscastle. Colwyn. Knighton. Pen-y-bont. SCHEDULE (N. 2.) Boroughs. Polling Places. NewShoreham .... f New Shoreham. ( Cowfold. r Cricklade. Cricklade ...... J Brickworth. ( Swindon. Aylesbury Aylesbury. r East Retford. East Retford ,,.,,} ^Herton. j Worksop. t Gringley-on-the-Hill. 192 The Boundary Act, SCHEDULE (^O.) 1.— COUNTY OF BEDFORD. Bedford. — The old borough of Bedford. 2._C0UNTY OF BERKS. Abingdon. — The old borough of Abingdon. Reading. — The old borough of Reading. Wallingford. — The old borough of Wallingford ; the several parishes of Brightwell, Sotwell, North Moreton, South Moreton, Bensington, Crowmarsh, and Newnham Murren ; the liberty of Clapcot, and the extra-parochial precinct of the castle ; and also all such parts of the several parishes of Cholsey, Aston Tirrel, and Aston Upthorpe as are situate on that side of the line next herein-after described, on which the town of Wallingford lies ; (that is to say,) From Blewberry, along the road called " The Icknield Way," to the point on King's Standing Hill at which the same meets the boundary of the parish of Cholsey ; thence, east- ward, along the boundary of the parish of Cholsey to the point at which the same reaches the River Thames. New Windsor. — The old borough of New Windsor, the lower ward of the Castle, and so much of the parish of Clewer as is situated to the east of the following boundary ; (that is to say,) 2 & 3 William IV. Cap. 64. 193 From the point at which the Goswell Ditch joins the River Thames, along the Goswell Ditch to the point at which the same meets Clewer Lane; thence, westward, along Clewer Lane to a point twenty-five yards distant from the point last described ; thence in a straight line to the north-western corner of the enclosure wall of the Cavalry Barracks ; thence along the Western Enclosure Wall of the Cavalry Barracks to the point at which the same cuts the boundary of the parish of New Windsor. 3.— COUNTY OF BUCKINGHAM. Buckingham. — The several Parishes of Buckingham, Maidsmorton, Thornborough, Padbury, Hillesden, Preston Bissett, Tingewick, and Radclive-cum-Chackmore. Great Marlow. — The several Parishes of Great Marlow, Little Marlow, Medmenham, and Bisham. Chipping Wycombe. — The Parish of Chipping Wycombe. 4._C0UNTY OF CAMBRIDGE. Cambridge. — The old borough of Cambridge. 5.— COUNTY OF CHESTER. NORTHERN DIVISION. Macclesfield. — From the point at which the boundary of the borough of Macclesfield meets the Leek Road near Moss Pool, southward, along the Leek Road to the bridge over the Macclesfield canal ; thence, eastward, along the Macclesfield Canal to the point at which the same meets the boundary of the Borough ; thence, eastward, along the boundary of the Borough to the point at which the same is again met by the Macclesfield Canal; thence, northward, along the Macclesfield Canal to the point at which the same crosses Shore's Clough Brook; thence, westward, along Shore's Clough Brook to the point at which the same meets the boundary of the township of Hurdsfield ; thence, southward, 194 The Boundary Act, along the boundary of the township of Hurdsfield to the point at which the same meets the boundary of the Borough of Macclesfield; thence, westward, along the boundary of the borough of Macclesfield to the point first described. Stockport. — The township of Stockport, and the re- spective hamlets of Brinksway and Edgeley, together with those parts of the respective townships of Brinnington and Heaton Norris which are included within the following boundaries respectively (that is to say,) Brinnington. — From the point at which the boundary of the township of Stockport would be cut by a straight line to be drawn from the bridge over the River Mersey on the Bredbury and Hyde Road to the Corn Mill on the township of Heaton Norris, between the Manchester and Stockport Canal and the Reddish Road, and now in the occupation of Mr. Walmsley, along such straight line to the point at which the same cuts the River Tame ; thence along the River Tame to the point at which the same meets the boundary of the township of Stockport ; thence, eastward, along the boundary of the township of Stockport to the point first described. Heaton Norris. — From the point at which the boundary of the township of Heaton Norris meets the Manchester Road, between a public house called the Ash, and Danby Lane, along the Manchester Road to the point at which the same meets Danby Lane ; thence along Danby Lane to the point at which the same is cut by a straight line drawn thereto from the first mile stone on the Altringham Road through the western angle of the public house called the Heaton Norris Club House ; thence along the said straight line to the point at which the same meets the Southern Boundary of the township of Heaton Norris ; thence, eastward, along the boundary of the township of Heaton Norris to the point first described. SOUTHERN DIVISION. Chester. — The old city of Chester, and also the space included within the following boundary ; (that is to say,) From the second city boundary stone in Boughton Ford Mead, and on the eastern bank of the River Dee, in a 2 & 3 William IV. Cap. 64. 195 straight line to the western extremity of a lane which leads from Stock Lane to Boughton Heath ; thence in a straight line to the southern extremity of Heath Lane ; thence along Heath Lane to the point at which the same joins the Christie- ton Road ; thence along the Christleton Road to the point at which the same is joined by New Lane ; thence along New Lane to the point at which the same meets Filkin Lane ; thence along Filkin Lane to the point at which the same joins, at Asp Tree Turnpike Gate, the Tarvin Road ; thence along the Tarvin Road to Tarvin Bridge ; thence along the Nantwich Canal to the point at which the same meets the old City Boundary ; thence. Southward, along the old City Boun- dary to the Second City Boundary Stone aforesaid. 6._COUNTY OF CORNWALL. EASTERN DIVISION. Bodmin. — The several parishes of Bodmin, Lanivet, Lanhydrock, and Helland. Launceston. — The old borough of Launceston and the parish of St, Stephen, and all such parts of the several parishes of Lawhitton, St. Thomas the Apostle, and South Petherwin as are without the old borough of Launceston. LisKEARD. — The parish of Liskeard, and also all such parts of the old borough of Liskeard as are without the parish of Liskeard. WESTERN DIVISION. Helstone. — The old borough of Helstone, the parish of Sithney, and also the space included within the following boundary ; that is to say, From Coverack Bridge, over the River Loo, in a straight line across the Wendron Road to the western extremity of a lane leading by Wheal Ann to Graham Mine ; thence along the said lane to the point at which the same meets a small stream ; thence, southward, along the said stream to the point at which the same meets a lane leading from Wendron to Trecoose and Constantine : thence, eastward, along the said lane to Trecoose and Constantine, to the point at which the same meets the boundary of the parish of Wendron ; thence, southward, along the boundary of the parish of Wendron to Coverack Bridge. 196 The Boundary Act, St. Ives. — The old borough of St. Ives, and the respective parishes of Lelant and Towednack. Penryn and Falmouth. — From the point, on the north of Penryn, at which the boundary of the old borough leaves the boundary of the parish of Mylor, westward, along the boundary of the old borough to the point at which the same meets the road from Penryn to Helstone; thence in a straight line to the point, called Hill Head, at which the road to Penryn from Budock joins the road to Penryn from Constantine; thence in a straight line to the nearest point of the boundary of the parish of Falmouth ; thence, southward, along the boundary of the parish of Falmouth to the point at which the same meets the boundary of the detached portion of the parish of Budock; thence in a straight line to the northern point at which the boundary of the detached portion of the parish of Budock leaves the boundary of the parish of Falmouth ; thence, westward, along the sea coast to the point at which the same is met by the boundary of the parish of St. Gluvias ; thence, eastward, along the boundary of the parish of St. Gluvias to the point first described. From Bosvigo Bridge over the Kenwyn River, and on the boundary of the old borough, along Bosvigo Lane, to the point at which the same joins the Redruth Road; thence along the Redruth Road to the point at which the same is joined, near Chapel-Hill Gate, by Green Lane ; thence along Green Lane to the point at which the same joins the Falmouth road; thence along an occupation road leading through Ne wham-Farm Land to the point at which such occupation road meets Newham-Farm Lane ; thence along a fence which proceeds from Newham-Farm Lane, and is the south- western boundary of two fields respectively called Great Beef Close and Little Beef Close, to the point at which such fence meets the north-western fence of a field called Bramble Close ; thence, eastward, along the fence of Bramble Close to the point at which the same reaches the shore of Calenick Creek ; thence along the shore of Calenick Creek to Lower Newham Wharf; thence in a straight line across the Truro and Falmouth River to the south-eastern extremity of Sunny- Corner Wharf; thence in a straight line to Sunny Corner; thence in a straight line to the point at which Trenack Lane would be cut by a straight line to be drawn from the eastern extremity of Newham-Farm Lane to the point called Hill Head, at which St. Clement's Lane meets the St. Austell old 2 8c 3 William IV. Cap. 64. 197 turnpike road ; thence in a straight line to Mitchell-Hill Gate, on the old London Road ; thence in a straight line to the point at which the boundary of the old borough would be cut by a straight line to be drawn from Mitchell-Hill Gate to Kenwyn Church; thence, northward, along the boundary of the old borough to Bosvigo Bridge. 7.— COUNTY OF CUMBERLAND. EASTERN DIVISION. Carlisle. — The ancient city of Carlisle, and the respective townships of Botchergate and Rickergate, and also all such part of the township of Caldewgate as is comprised within the boundary hereafter described ; (that is to say,) From the bridge over the River Caldew uniting the town- ship of Caldewgate with the old city of Carlisle, southward, along the River Caldew to the point at which the same leaves the boundary of the township of Caldewgate ; thence, west- ward, along the boundary of the township of Caldewgate to the point at which the road from the Kell Houses to Carlisle joins the Wigton Road ; thence in a straight line to the point at which the bye road from Stainton, over the Summer House Ford in the River Eden, and across the canal from the Solway to Carlisle, meets the road from Great and Little Orton to Carlisle at a place called New Town ; thence along the said road from Stainton to the point at which the same reaches the Summer House Ford ; thence along the boundary of the township of Caldewgate to the bridge first described. WESTERN DIVISION. ^^ocKERMouTH. — The several townships of Cockermouth, Eaglesfield, Brigham, Papcastle, and Bridekirk ; and also ; that detached portion of the township of Dovenby which 1 lies between the respective townships of Papcastle, Bridekirk, and Cockermouth. Whitehaven. — From the point on the sea coast, north of Whitehaven, at which the boundary of the township of Preston Quarter meets the boundary of the township of Moresby, eastward, along the boundary of the township of Preston Quarter, to the point at which the stream which flows through the village of Hensingham falls into the Poe l2 198 The Boundary Act,^ Beck ; thence in a straight line to the point on the sea coast at which the boundary of the township of Preston meets the boundary of the township of Sandwich ; thence along the sea coast to the point first described. 8.— COUNTY OF DERBY. SOUTHERN DIVISION. Derby. — The old borough of Derby. 9.— COUNTY OF DEVON. NORTHERN DIVISION Barnstaple. — From the new bridge over Braddiford Water, on the new Braunton Road, along the hedge which is the eastern boundary of the East Pillow March Field, to the point at which the same cuts Poleshill Lane ; thence along Poleshill Lane to the point at which the same meets Hall's Mill Lane ; thence along Hall's Mill Lane to the point at which the same meets the Mill Leat ; thence along the Mill Leat to the point at which the same meets Shearford Lane ; thence along Shearford Lane to the point at which the same joins the Roborough Road ; thence along the Roborough Road to the point at which the same is met by Smoky House Lane ; thence along Smoky House Lane to the point at which the same is cut by a hedge which divides the field called Great Mill Close from the field called Little Mill Close ; thence along the last- mentioned hedge and in a line in continuation of the direction thereof, to the point at which such line cuts the River Yeo ; thence, eastward, along the boundary of the old borough of Barnstaple to the point at which the same meets, in Cooney Cut, the south-eastern fence of a field called" Ham ;" thence along the last-mentioned fence to the point at which the same cuts Land Key Road ; thence in a straight Line to the point on Rumson Hill at which Windy Ash Lane meets the Brindon Cross Road ; thence along Windy Ash Lane to the point at which Wood Street Water crosses the same ; thence along Wood Street Water to the point at which the same joins the River Taw ; thence along the River Taw to the point at which the same is joined by the River Yeo ; thence along the River Yeo to the Swing Bridge on the new Braunton Road ; 2 & 3 William IV. Cap. 64. 199 thence along the new Braunton Road to the new bridge first described. Tiverton. — The parish of Tiverton. SOUTHERN DIVISION. AsHBURTON. — The parish of Ashburton. Dartmouth. — From the point on the sea coast at which the boundary of the parish of Townstall meets the boundary of the parish of Stoke Fleming, northward, along the boundary of the parish of Townstall, to the point at which the same meets the Stoke Road ; thence along the Stoke Road, passing Swallaton Cross and Swallaton Gate, to the point at which the Stoke Road meets the Milton Road ; thence along the Milton Road to the point at which the same is met by the boundary of the parish of Townstall ; thence, westward, along the boundary of the parish of Townstall to the point at which the same reaches Old Mill Creek ; thence along the low-water mark to the point first de- scribed. Devonport. — The parish of Stoke Damerill, and the township of Stonehouse. Exeter. — From the turnpike gate on the Morton Road, southward, along Cowick Lane to the point at which the same meets Stone Lane ; thence along Stone Lane to the point at which the same meets the road from Exeter to Alphington ; thence, southward, along the road from Exeter to Alphington to the point at which the same is joined by Marsh Barton Lane ; thence along Marsh Barton Lane to the point at which the same reaches the western branch of the River Exe ; thence in a straight line to the point at which Abbey Lane meets the Eastern Branch of the River Exe ; thence, southward, along the Leat to the point at which the same is joined by the brook which runs down through East Wonford ; thence along the said brook to the point at which the same crosses the old Stoke and Tiverton Road near the road to Mincing Lake Farm ; thence along the old Stoke and Tiverton Road to the point at which the same meets the bound- ary of the County of the City ; thence, northward, along the boundary of the County of the City to the point near Foxhays at which a branch of the River Exe, flowing through Exwick, joins the main stream thereof; thence in a straight line to the point at which the road from Exwick to tl^e turnpike gate on the Morton Road is joined 200 The Boundary Act, by a road leading from Foxhays to Cleave ; thence along the said road from Exwick to the turnpike gate on the Morton Road to the point at which the same reaches such turnpike gate. HoNiTON. — The parish of Honiton. Plymouth. — From the north-eastern boundary stone in a straight line to the nearest point of the line of the Embank- ment ; thence, southward, along the line of the Embankment to the point at which the same meets the boundary of the old borough ; thence, southward, along the boundary of the old borough to the point first described. Tavistock. — The parish of Tavistock, except the Manor of Cudliptown. ToTNES. — The parish of Totnes, and the Manor of Bridgetown. 10_COUNTY OF DORSET. Bridport. — From the Toll Bar on the Exeter Road in a straight line to the northern extremity of the fence which se- parates the field called " Marland Five Acres" from the field called " Higher Girtups and Dogholes ;" thence along the western Fence of the Field Higher Girtups and Dogholes to the point at which the same reaches a lane leading into Mead Lane ; thence along the said lane leading into Mead Lane to the point at which the same reaches Mead Lane ; thence along Mead Lane to the point at which the same joins the Chard Road ; thence, northward, along the Chard Road to the point at which the same is joined by the first lane on the right called " Green Lane ;" thence in a straight line to AUington Mill ; thence in a straight line to the point at which Coney- gere Lane joins the Pymore Road ; thence along Coneygere Lane to the point at which the same joins the Beaminster Road ; thence in a straight line to the Bridge over the River Asher close by the Flood Houses ; thence along the River Asher to the point at which the same would be cut by a straight line to be drawn from the eastern extremity of Coney- gere Lane to the Turnpike Gate on the Dorchester Road ; thence along the said straight line to the Turnpike Gate on the Dorchester Road; thence, southward, along the Dor- chester Road to the point at which the same is joined by Bothenhampton Lane; thence along Bothenhampton Lane 2 & 3 William IV. Cap. 64. 201 to the point at which the same is met by the stream which forms the boundary between the respective parishes of Wal- ditch and Bothenhampton ; thence along the said stream to the point at which the same falls into the River Asher ; thence down the River Asher (following the easternmost branch thereof at the points at which the same divides into two branches) to Squib's Bridge ; thence in a straight line to the south-eastern corner of Keemy Cottage on the Bothenhamp- ton Road; thence in a straight line to the eastern extremity of Wonderwell Lane ; thence, westward, along Wonder- well Lane to the point at which the same joins the Burton Bradstock Road ; thence, southward, along the Burton Brad- stock Road to Wich Gate ; thence in a straight line through the Bombardier's House to the Sea Coast ; thence along the Sea Coast to the eastern extremity of West Cliff; thence, northward, along West Cliff, and along the western bound- ary of the Ship Yard of Messieurs Matthews and Company, to the point at which the same meets the boundary of the field called Pitfield Marsh ; thence, northward, along the boundary of Pitfield Marsh to the points at which the same meets the River Brit at Ire Pool ; thence up the River Brit to the point at which the same is joined by the stream which forms the boundary between the respective parishes of Symondsbury and Allington ; thence along the last-mentioned stream to the point at which the same meets the fence which runs down thereto from the Toll Bar at the Exeter Road ; thence along the last-mentioned fence to the Toll Bar on the Exeter Road. Dorchester. — From the second or middle Bridge on the Sherborne Road, along the northern branch of the RiverFrome, passing under Grey's Bridge, to the point at which such northern branch is met, near Stanton's Cloth Factory, by the boundary of the parish of Fordington ; thence, southward, along the boundary of the parish of Fordington to the point at which the same meets the Wareham Road ; thence, west- ward, along the Wareham Road to the Turnpike Gate ; thence in a straight line to the centre of the barrow called "Two Barrows;" thence in a straight line to the centre of the am- phitheatre called Maumbury Ring; thence in a straight line to the centre of the barrow called Lawrence Barrow, near the Exeter Road ; thence in a straight line to the south-western corner of the Barrack Wall; thence northward, along the Barrack Wall and Palisade to the point at which such Pali- sade meets the southern branch of the River Frome ; thence 202 The Boundary Act, in a straight line to the second or middle bridge on the Sher- borne Road. Lyme Regis. — The respective parishes of Lyme Regis and Charmouth. Poole. — The county and town of Poole, the parish of Hamworthy, and the respective tithings of Parkstone and Longfleet. Shaftesbury. — The old borough of Shaftesbury; the several out-parishes of Holy Trinity, St. James, and St. Peter ; the several parishes of Cann, St. Rombald, Motcomb, East Stower, Stower Provost, Todbere, Melbury Abbas, Compton Abbas, Dowhead St. Mary, and St. Margaret's Marsh and the chapelry of Hartgrove. Wareham. — The old borough of Wareham ; the parishes of Corfe Castle and Bere Regis ; the several out-parishes of Lady Saint Mary, Holy Trinity, and St. Martin ; and the chapelry of Arne ; that part of the parish of East Stoke which adjoins the eastern boundary of the old borough of Wareham ; and also such part of the parish of East Morden as is comprised within the following boundary ; (that is to say,) From the point at which the boundary of the parish of East Morden meets the southern boundary of Morden Park Wood, southward, along the boundary of Morden Park Wood, to the point at which the same meets the Sherford Lake ; thence, eastward, along the Sherford Lake to the point at which the same meets the boundary of the parish of East Morden ; thence, southward, along the boundary of the parish of East Morden to the point first described. Weymouth and Melcombe Regis. — From the old Sluice on the Wareham Road in a straight line to the point at which the northern wall of the old Barrack Field meets the Porchester Road ; thence along the said northern wall, and in a line in the direction thereof, to the point at which such line meets the boundary of the old borough ; thence, north- ward, along the boundary of the old borough to the point at which the same meets the Upper Wyke Road, thence, westward, along the Upper Wyke Road to the point at which the same is joined by a cross road leading to the Lower Wyke Road, otherwise called Buxton's Lane ; thence along the said cross road to the point at which the same joins the 2 & 3 William IV. Cap. 64?. 203 said Lower Wyke Road ; tlience along the said Lower Wyke Road to the point at which the same joins the Sandsfoot Castle Road ; thence, northward, along the Sandsfoot Castle Road to the point at which the same is met by the Footpath leading by Lovel's Farm to Bincleves ; thence along the said Footpath to the point at which the same reaches the edge of the Cliff at Bincleves ; thence along the Sea Coast to the old sluice aforesaid. 11.— COUNTY OF DURHAM. NORTHERN DIVISION. Durham. — From Shincliffe Bridge over the River Wear, on the Stockton Road, along the Stockton Road, to the point at wliich the same is met by a lane leading into the Darlington Road ; thence along the said lane to the point at which the same joins the Darlington Road ; thence along the Darlington Road to the point at which the same is met by Potter's Lane ; thence along Potter's Lane to the point at which the same meets Quarry Head Lane ; thence along Quarry Head Lane to the point at which the same meets Margery Lane ; thence along Margery Lane to the point at which the same meets Flass Lane ; thence along Flass Lane to the point at which the same meets a lane leading into the newly cut Turnpike Road which forms the commencement of the Newcastle Road ; thence along the last mentioned lane to the point at which the same joins the said newly cut road; thence, north- ward, along the said newly cut road to the point at which the same joins the old line of the Newcastle Road ; thence in a straight line through the northernmost of the two out- buildings attached to Kepier's Hospital to the River Wear ; thence along the River Wear to the point at which the same meets Kepier Lane ; thence along Kepier Lane, passing under the old arches of the hospital, to the point at which the same lane is joined, on the south-west of High Grange Farm, by a lane leading into the Loaning Head Road ; thence along the last mentioned lane, crossing the Sunderland Road, to the point at which the same lane joins the Loaning Head Road ; thence along the Loaning Head Road to the point at which the same is met by a Beck running close to the north of Pel- law Wood and to the south of Gilesgate Church; thence along the said Beck to the point at which the same falls into the River Wear ; thence along the River Wear to Shincliffe Bridge. l5 204 The Boundary Act, Gateshead. — The parish of Gateshead, and also all such part of the chapelry of Heworth in the parish of Jarrow as is situated to the west of a straight line to be drawn from Kirton Toll Gate House to Blue Quarry Mill, and prolong- ed each way to the boundary of the parish of Gateshead. South Shields. — The respective townships of South Shields and Westoe. Sunderland. — The parish of Sunderland, and the several townships of Bishop Wearmouth, Bishop Wearmouth Panns, Monk Wearmouth, Monk Wearmouth Shore, and Southwick. 12.— COUNTY OF ESSEX. NORTHERN DIVISION Colchester. — The old borough of Colchester. Harwich. — The old borough of Harwich. SOUTHERN DIVISION. Maldon.— The old borough of Maldon, and the parish of Heybridge. 13.— COUNTY OF GLOUCESTER. EASTERN DIVISION Cheltenham. — The parish of Cheltenham. Cirencester. — The parish of Cirencester. Gloucester. — From the old City Boundary Stone on the western side of the lane called Castle Lane, leading from Westgate Street to the County Gaol, northward, along the old City Boundary to the Boundary Stone, south of the Lon- don Road, which marks the easternmost point of the old City Boundary; thence in a straight line through the eastern corner of the Mill upon the River Twiver, between the old City Boundary and the Tramroad from the Gloucester and Berkeley Canal to Cheltenham, to the said Tramroad ; thence along the said Tramroad to the point at which the same is met by Barton Lane ; thence along Barton Lane to the point 2 & 3 William IV. Cap. 64. 205 at which the same crosses the Sud Brook ; thence along the Sud Brook to the point at which the same falls into the Glou- cester and Berkeley Canal ; thence along the Gloucester and Berkeley Canal to the point at which the same is met by the old City Boundary ; thence, westward, along the old City Boundary to the point first described. Stroud. — The several parishes of Stroud, Bisley, Pains- wick, Pitchcomb, Randwick, Stonehouse, Leonard-Stanley, King's-Stanley, Rodborough, Minchinhampton, Woodchester, Avening, and Horseley, except that part of the parish of Leonard-Stanley which is called Lorridge's Farm, and is sur- rounded by the parish of Berkley. Tewkesbury. — The parish of Tewkesbury. 14.— COUNTY OF HANTS. NORTHERN DIVISION. Andover. — The respective parishes of Andover and Knights Enham, and the tithing of Foxcot. Petersfield. — The old borough of Petersfield, and the tithing of Sheet ; the several parishes of Buriton, Lyss, and Froxfield ; the several tithings of Ramsden, Langrish, and Oxenbourn, in the parish of East Meon ; and also the parish of Steep, except the respective tithings of North and South Ambersham. Winchester. — From St. Winnal's Church in a straight line to the Cottage on the new Alresford Road, which is north- west of the White House on St. Giles's Hill ; thence in a straight line to the Turnpike Gate at Barr End ; thence in a straight line to the point at which the Gosport Road joins the Southampton Road ; thence in a straight line to the point at which an angle is made in the northern bank of the lane leading from St. Cross to Compton Down, perpendi- cularly above the deep hollow in the said lane ; thence in a straight line to the Cock Lane Turnpike Gate ; thence in a straight line to the Three Horse Shoes public house on the Week Road ; thence in a straight line to the house on the Andover Road which is immediately north-west of the point at which the boundary of the City of Winchester crosses the same road ; thence in a straight line to the south-eastern ^06 The Boundary Act, corner of the Fir Plantation on the western side of the Ba- singstoke Road ; thence in a straight line to St. Winnal's Church. SOUTHERN DIVISION. CiiRisTCHURCH. — The parish of Christchurch, and the chapelry of Holdenhurst, except such part of the tithing of Hurn in the parish of Christchurch as is situated to the north of the following boundary ; (that is to say,) From the point at which the western boundary of the parish of Christchurch crosses the road from Dudsbury to Hurnbridge, in a straight line to the south-western corner of Merritown Common ; thence along the southern boundary of Merritown Common and of Hurn Common to the point at which the southern boundary of Hurn Common reaches the Moor's River ; thence in a straight line to the southern boundary post of the parish of Christchurch on the Ringwood Road, close by Fillybrook Plantation. Lymington. — The parish of Lymington, and also such part of the parish of Boldre as is comprised in the following boundary ; (that is to say,) From East-end Bridge, on the eastern boundary of the parish of Boldre, in a straight line through Boldre Church to the western bank of Lymington River ; thence, southward, along the western bank of Lymington River to the point at which the same meets the boundary of the parish of Boldre ; thence, southward, along the boundary of the parish of Boldre to East-end Bridge aforesaid. Portsmouth. — The old borough of Portsmouth, and the parish of Portsea. Southampton. — The town and county of the town of Southampton. 15.— COUNTY OF HEREFORD. Hereford. — The whole space contained within the bound- ary of the liberties of the City of Hereford, including Castle Green. Leominster. — The parish of Leominster. 2 & 3 William IV. Cap. 64. 207 16.— COUNTY OF HERTFORD. St. Alban's. — From the Turnpike Gate on the London Road east of St. Alban's, called St. Alban's Gate, in a straight line to the point at which the boundary of the old borough crosses the river at the bottom of the Cotton Mill Lane ; thence, southward, along the boundary of the old borough to the point at which the western boundary of the parish of St. Alban leaves the river ; thence in a straight line, through the south-eastern corner of St. Michael's Churchyard, to the Hempstead Road ; thence, northward, along the Hempstead Road to the point at which the same meets the road leading to Gorehambury, formerly the Redbourn Road ; thence in a straight line to the western extremity of the tongue of land in the river just above Kingsbury Fishpond ; thence in a straight line to the side bar belonging to Kingsbury Turn- pike Gate, by the side of the new Redbourn Road ; thence eastward, in a straight line to the point at which the boundary of the old borough meets Luton Lane ; thence, eastward, along the boundary of the old borough to the point at which the same crosses Sweetbriar Lane ; thence in a straight line to St. Alban's Turnpike Gate aforesaid. Hertford. — From the Corporation Post at the bottom of Port Hill, along the Bengeo Road to the point at which the same is cut by the northern fence of Port Hill Field ; thence along the northern and western fences of Port Hill Field to the point at which such western fence cuts the Mole Wood Mill Road ; thence in a straight line through Sele Farm Bridge to the Stevenage Road ; thence in a straight line to the point at which the Hertingfordbury Road is crossed by the boundary of the Out-borough of Hertford; thence, southward, along the boundary of the Out-borough of Hertford to the corpora- tion post at the bottom of Port Hill. 17.— COUNTY OF HUNTINGDON. Huntingdon. — The old borough of Huntingdon, and the parish of Godmanchester. 18.— COUNTY OF KENT. EASTERN DIVISION. Canterbury. — From the westernmost point, near St. Jacob's, at which the boundary of the City Liberties meets 208 The Boundary Act, the Ashford Road, in a straight line to the point at which the respective boundaries of the parishes of Harbledown, St. Dunstan, and Holy Cross Westgate meet ; thence, northward, along the eastern boundary of the parish of Harbledown to the point at which the same turns north-westward near the Whitstable Road, thence, in a straight line, in the direction of St. Stephen's Church, to the point at which such straight line cuts the boundary of the parish of St. Stephen ; thence, east- ward along the boundary of the parish of St. Stephen to the point at which the same meets the boundary of the parish of Holy Cross Westgate ; thence in a straight line, through the point at which the road to St. Stephen's Church meets the road to Sturry, to the nearest branch of the River Stour ; thence along the said branch of the River Stour to the Corporation Stone, Number 5 ; thence, eastward, along the boundary of the City Liberties, including the whole of the borough of Longport, to the point first described. DovoR. — From the Jetty, along the boundary of the Liber- ties of the Town and Port of Dovor, on the eastern side of the Castle, and through the parish of Charlton to the Bound- ary Stone at which the boundary of the said liberties meets the boundary of the parish of Buckland in Back Lane ; thence along Back Lane to the point at which the same meets the road leading down to Crabbe Turnpike Gate on the London Road ; thence in a straight line, in a westerly direction, to the point at which the boundary of the parish of Buckland crosses the London Road ; thence along the boundary of the parish of Buckland to the point at which the same crosses the river ; thence in a straight line to the point at which the boundary of the parish of Buckland meets the road Ifeading to Combe Farm ; thence along the boundary of the parish of Buckland to the point at which the boundary of the parish of Hougham is intersected by the boundary of the liberties aforesaid ; thence along the boundary of the said Liberties to the Sea Coast ; thence along the Sea Coast to the Jetty. Hythe. — The old borough of Hythe ; the liberties of the town of Folkstone ; and the several parishes of West Hythe, Saltwood, Cheriton, Folkstone, and Newington, except that de- tached part of the parish of Newington called Marwood Land. Sandwich. — The several parishes of St. Mary, St. Peter, and St. Clement ; and the extra-parochial precinct of St. Bartholomew, Sandwich ; the parish of Deal ; and the parish of Walmer. 2 & 3 William IV. Cap. 64. 209 WESTERN DIVISION. Chatham. — From the easternmost point at which the boundary of the city of Rochester meets the right bank of the River Medway, southward, along the boundary of the city of Rochester to the boundary stone of the said city marked 5 ; thence in a straight line to the Windmill in the parish of Chatham on the top of Chatham Hill ; thence in a straight line to the Oil Windmill in the parish of Gillingham, between the village of Gillingham and the Fortifications ; thence in a straight line through Gillingham Fort to the right bank of the River Medway ; thence along the right bank of the River Medway to the point first described. Greenwich. — From the point at which the Royal Arsenal Canal at Woolwich joins the River Thames, along the said canal to the southern extremity thereof; thence in a straight line to the south-western corner of the Ordnance Store- keeper's house ; thence in a straight line, in the direction of a stile in the Footpath from Woolwich to Plumstead Common, over Sand Hill, to the boundary of the parish of Woolwich ; thence, southward, along the boundary of the parish of Woolwich to the point at which the same meets the boundary of the parish of Charlton ; thence, westward, along the boundary of the parish of Charlton to the point at which the same turns southward near the Dovor Road; thence along the Dovor Road to the nearest point of the boundary of the parish of Greenwich ; thence, westward, along the boundary of the parish of Greenwich to the point at which the same turns abruptly to the south, close by the Dovor Road; thence in a straight line, in a westerly direction, to the nearest point of the boundary of the parish of Greenwich ; thence, westward, along the boundary of the parish of Greenwich to the point at which the same meets the boundary of the parish of Saint Paul, Deptford ; thence, southward, along the boundary of the parish of Saint Paul, Deptford, to the point at which the same meets the River Thames ; thence along the River Thames to the point first described. Maidstone. — The old borough of Maidstone. Rochester. — The whole space comprised within the bound- aries of the liberties of the old City of Rochester, and also such parts of the respective parishes of Strood and Frindsbury as are situated between the left bank of the River Medway and the boundary hereafter described ; (that is to say,) 210 The Boundary Act, From the entrance from the River Medway of the Thames and Medway Canal, along a footpath which leads up the hill towards Upnor, to the point (on the top of the hill) at which the same is met by a road or path leading towards Frindsbury Church ; thence along such road or path to the point at which the same joins Parsonage Lane ; thence along Parsonage Lane to the point at which the same joins the road from Frindsbury to Hoo ; thence in a straight line to the northernmost angle of the boundary of the parish of Strood ; thence, westward, along the boundary of the parish of Strood to the point at which the same meets the London Road ; thence towards Rochester along the London Road to the point at which the same is joined by the road from the Three Crouches ; thence in a straight line to the point at which the left bank of the River Medway would be cut by a straight line to be drawn from the point last described to Fort Clarence. 19— COUNTY OF LANCASTER. V — NORTHERN DIVISION. Blackburn. — The township of Blackburn. Clitheroe. — The respective Chapelries of Downham and Clitheroe; and the Four townships of Whally, Wiswall, Pendleton, and Henshorn, and Little Mitton and Colcoats. Lancaster. — From the point on the River Lune at which the respective boundaries of the townships of Lancaster, Skerton, and Heaton-with-Oxcliffe meet, westward, along the boundary of the township of Lancaster to the point at which the respective boundaries of the townships of Lancaster, Bulk, and Quernmore meet ; thence in a straight line to the Aqueduct Bridge over the Caton Road ; thence, northward, along the Canal from Preston to Kendal to the Fourth Bridge over the same from the Aqueduct ; thence in a straight line to the point at which Bracken Lane meets Scale Lane ; thence along Scale Lane to the point at which the same reaches the River Lune ; thence along the River Lune to the point first described. Preston. — The old borough of Preston, and the township of Fishwick. 2 & 3 William IV. Cap. 64. 211 SOUTHERN DIVISION. Ashton-under-Lyne. — The whole space over which the provisions of an Act passed in the seventh and eighth years of the reign of his late Majesty King George the Fourth, and intituled " An Act for lighting, cleansing, watching, and " otherwise improving the Town of Ashton-under-Lyne in " the County Palatine of Lancaster, and for regulating the " Police thereof," at present extend. BoLTON-LE-MooRs. — The several townships of Great Bolton, Little Bolton, and Haulgh, except that detached part of the township of Little Bolton which is situate to the north of the town of Bolton. Bury. — From the point in the Hamlet of Starling at which a boundary stone marks the boundary of the respective townships of Elton and Ainsworth, along the lane from Starling to Walshaw Lane, to the point in the hamlet of Walshaw Lane at which a Boundary Stone marks the bound- ary of the respective townships of Elton and Tottington Lower End ; thence, eastward, along the boundary of the township of Elton to the point at which the same meets the Woodill Brook : thence in a straight line to the point at which the Pigs Lea Brook falls into the River Irwell ; thence, eastward, along the boundary of the township of Bury to the point at which the same meets the boundary of the township of Elton ; thence, westward, along the boundary of the township of Elton to the point first described. Liverpool. — From the western extremity of Dingle Lane, on the south of the town, along Dingle Lane, to the point at which the same meets Ullet Lane ; thence along UUet Lane to the point at which the same meets Lodge Lane ; thence along Lodge Lane to the point at which the same meets Smithdown Lane ; thence along Smithdown Lane to the point at which the I same is met by the boundary of the township of Wavertree ; ' thence, northward, along the boundary of the township of Wavertree to that point thereof which is nearest to the south- eastern corner of the wall of the new Botanic Gardens ; thence in a straight line to the said south-eastern corner; thence along the eastern wall of the new Botanic Gardens to the point at which such wall reaches Edge Lane ; thence, eastward, along Edge Lane to a point seventy-four yards dis- tant from the point last described ; thence in a line parallel tQ 212 The Boundary Act, the new street called Grove Street to the point at which such parallel line reaches the London Road; thence along the London Road to the point at which the same is joined by Deane Street; thence in a straight line to the boundary stone in Rake Lane, near the southern extremity ofWhitefield Lane ; thence, northward, along the boundary of the town- ship of Everton to the point at which the same joins the boundary of the township of Kirkdale ; thence, northward, along the boundary of the township of Kirkdale to the point at which the same reaches the High- water Mark of the River Mersey ; thence along the High-water Mark of the River Mersey to that point thereof which is nearest to the point first described; thence in a straight line to the point first described. Manchester. — The several townships of Manchester, Chorlton Row otherwise Chorlton-upon-Medlock, Ardwick, Beswick, Hulme, Cheetham, Bradford, Newton, and Harpur Hey. Oldham. — The several townships of Oldham, Chadderton, Crompton, and Royton. Rochdale. — The space defined in the 101st Section of an Act passed in the sixth year of the reign of his late Majesty King George the Fourth, and intituled " An Act for lighting, *' cleansing, watching, and regulating the town of Rochdale " in the County Palatine of Lancaster.'* Salford. — From the northernmost point at which the boundary of the township of Salford meets the boundary of the township of Broughton, northward, along the boundary of the township of Broughton, to the point at which the same meets the boundary of the township of Pendleton ; thence, westward, along the boundary of the township of Pendleton to the point at which the same meets the boundary of the detached portion of the township of Pendlebury; thence, southward, along the boundary of the detached portion of the township of Pendlebury to the point at which the same meets the boundary of the township of Salford; thence, westward, along the boundary of the township of Salford to the point first described. Warrington. — The respective townships of Warrington and Latchford ; and also those two detached portions of the 2 & 3 William IV. Cap. 64. 213 township of Thelwall which lie between the boundary of the township of Latchford and the River Mersey. WiGAN. — The township of Wigan. 20.— COUNTY OF LEICESTER. SOUTHERN DIVISION. Leicester. — The old borough of Leicester, and the space over which the magistrates of the old borough of Leicester at present exercise a jurisdiction concurrently with the magistrates of the county of Leicester, including the Castle View. 21.— COUNTY OF LINCOLN. PARTS OF LINDSEY. Lincoln. — The old city of Lincoln, the Bail and Close, and a certain common, belonging to the Freemen of Lincoln, called Canwick Common, together with all extra-parochial places, if any, which are surrounded by the old city of Lincoln the Bail and Close, and the said Common, or any or either of them, or by the boundaries or boundary of any or either of them. Great Grimsby. — The several parishes of Great Grimsby, Great Coates, Little Coates, Bradley, Laceby, Waltham, Scartho, Clee, Weelsby, and Cleethorpes. PARTS OF KESTEVEN AND HOLLAND. Boston. — The old borough of Boston, the parish of Skirbeck, and the Hamlet of Skirbeck Quarter, including the Fen Allotment of the Hamlet of Skirbeck Quarter, but not the Fen Allotment of the parish of Skirbeck. Grantham. — The parish of Grantham, (including the several townships of Spittlegate, Manthorpe with Little Gonerby, and Harrowby,) and that part of the parish of Somerby which is contained between the boundary of the parish of Grantham and High Dyke. Stamford. — The old borough of Stamford, and such part of the parish of Saint Martin Stamford Baron as lies between 214 The Boundary Act, the boundary of the old borough and the following boundary ; (that is to say,) From the westernmost point at which the boundary of the parish of Saint Martin meets the boundary of the old borough, southward, along the boundary of the parish of Saint Martin, to the northernmost point at which the same meets the Woothorpe Road ; thence in a straight line to the southern Tower, on the London Road, of the Gateway to Burghley House ; thence, northward, along the Wall of Burghley Park to the point at which the same meets an occupation road called the " New Road," which runs from the Barnack and Pilsgate Road to the River Welland ; thence along the said occupation road, and in a line in continuation of the direction thereof, to the point at which such line cuts the boundary of the old borough. 22.— COUNTY OF MIDDLESEX. FiNSBURY. — The several parishes of Saint Luke, Saint George the Martyr, Saint Giles-in-the-Fields, Saint George Bloomsbury, Saint Mary Stoke Newington, and Saint Mary Islington ; the several Liberties or Places of Saffron Hill, Hatton Garden, Ely Rents, Ely Place, the Rolls, Glass House Yard, and the Charter House ; Lincoln's Inn and Gray's Inn ; the parish of Saint James and Saint John Clerkenwell, except that part thereof which is situate to the north of the parish of Islington ; those parts of the respective parishes of Saint Sepulchre and Saint Andrew, Holborn, and of Furnival's Inn and Staple Inn respectively, which are situated without the Liberty of the City of London. London. — The whole space contained within the exterior boundaries of the Liberties of the City of London, including the Inner Temple and the Middle Temple. Mary-le-bone. — The several parishes of Saint Mary-le- bone, Saint Pancras, and Paddington. Tower Hamlets. — The several divisions of the Liberty of the Tower, and the Tower Division of Ossulston Hundred. Westminster. — The old City and Liberties of Westminster, and the Duchy Liberty. 2& 3 William IV. Cap. 64. 215 23.— COUNTY OF MONMOUTH. MONMOUTH DISTRICT. Monmouth. — The parish of Monmouth, and all such parts of the old borough of Monmouth as lie without the parish of Monmouth. Newport. — From the point, on the south of the town, at which the INIendle Gief Road is joined by a husbandry road leading to Hundred Acres Gout, along the Mendle Gief Road, to the point at which the same meets the Cardiff Road ; thence, westward, along the Cardiff Road to the point at which the same meets the streamlet from Cwrty-bella Well ; thence along the said streamlet to the Pool on the western side of Friar's Garden Wall ; thence along the Watercourse up from the said Pool to another Pool on the western side of Bull Field ; thence along the western fence of Bull Field to the point at which the same fence cuts the road from Stow to Risca ; thence, westward, along the road from Stow to Risca to the point at which the same is cut by the fence which runs northward from the east end of the cottages belonging to John Ricketts ; thence along the last mentioned fence to the north-western corner of the field of which it is the western boundary ; thence, eastward, along the northern fence of the last mentioned field to the point at which the same is inter- sected by the fence of the adjoining field ; thence, northward, along the last mentioned fence to a well head ; thence along the stream leading therefrom to the point at which the same meets the boundary of the old borough ; thence, northward, along the boundary of the old borough to the point at which the same meets the River Usk at the mouth of Cridan Pill ; thence along the River Usk to the point at which the same is joined by a Pill opposite the castle ; thence along the said Pill to the Gout ; thence along the watercourse, in a direction nearly due east, to the point at which the same meets the new road to Caerleon ; thence along the new road to Caer- leon to the point at which the same joins the old road to Christ Church ; thence along the New Reen to the point at which the same meets Liswerry Pill ; thence along Liswerry Pill to the point at which the same joins the River Usk ; thence along the River Usk to the point at which the same is joined by Hundred Acres Gout ; thence along Hundred Acres Gout to the point at which the same is met by the said hus- bandry road leading thereto from the Mendle Gief Road ; 216 The Boundary Act, thence along the said husbandry road to the point first de- scribed. UsK. — From the Bridge on the north of the town, called *' Cym-cayo Bridge," along the brook over which the said bridge is built, to the point at which the same falls into the River Usk ; thence down the River Usk, and along the boundary of the old borough, to the point at which the same cuts the mill stream ; thence in a straight line to the Farm House of Little Castle Farm ; thence along the eastern side of the fence of the farmyard of Little Castle Farm to the north eastern corner of such farmyard ; thence in a straight line to the Oak Tree in the wood hedge on the summit of Lady Hill ; thence in a straight line to the point at which Cwm-cayo Brook would be cut by a straight line to be drawn from the Tree last described to Cwm-cayo Bridge ; thence along Cwm-cayo Brook to Cwm- cayo Bridge. 24,— COUNTY OF NORFOLK. EASTERN DIVISION. Norwich. — The city and county of the city of Norwich, together with all such extra- parochial places as are contained within the outer boundary of the city and county of the city of Norwich. Great Yarmouth. — The old borough of Great Yarmouth and the parish of Gorlestone. WESTERN DIVISION. King's Lynn. — The old borough of King's Lynn. Thetford. — The old borough of Thetford. 25.— COUNTY OF NORTHAMPTON. NORTHERN DIVISION. Peterborough. — The parish of St. John Baptist, Peterbo- rough, together with the extra-parochial district known by the name of "The Minster Precincts." SOUTHERN DIVISION. Northampton. — The old borough of Northampton. 2 & 3 William IV. Cap. 64. 217 26.— COUNTY OF NORTHUMBERLAND. NORTHERN DIVISION. Berwick-upon-Tweed. — The parish of Berwick, and the espective townships of Tweedmouth and Spital. Morpeth. — The several townships of Morpeth, BuUer's Green, Newminster Abbey, Catchburn with Morpeth Castle and Stobhill, Hepscott, and Tramwell with High Church, and the parish of Bedhngton. SOUTHERN DIVISION. Newcastle-upon-Tyne. — The town and county of the towTi of Newcastle, and the several townships of Byker, Heaton, Jesmond, Westgate, and Elswic. Tynemouth and North Shields. — The several townships of Tynemouth, North Shields, Chirton, Preston, and Culler- coats. 27.— COUNTY OF NOTTINGHAM. NORTHERN DIVISION. Nottingham. — The county of the town of Nottingham. SOUTHERN DIVISION. Newark-upon-Trent. — The old borough of Newark. 28.— COUNTY OF OXFORD. Banbury. — The parish of Banbury. Oxford. — From the tree on the east of the city called "Joe PuUen's Tree," in a straight line to the boundary stone in the lane called " Mrs. Knapp's Free Board ;" thence along the said lane to the western extremity thereof; thence in a straight line to the centre of the island situate at the junction of the stream called " Harson's Heat" with the River Char- well ; thence, westward, along the River Charwell to the point at which the same joins the old city boundary; thence, west- ward, along the old city boundary to the point at which the 218 The Boundary Act, River Char well divides into two streams ; thence along the easternmost of such two streams to King's Mill ; thence in a straight line to the easternmost part of King's Mill ; thence in a straight line to " Joe Pullen's Tree." New Woodstock. — The old borough of New Woodstock ; the several parishes of Bladon, Begbrook, Shipton-on-Cher- well, Hampton Gay, Tackley, Wootton, Stonesfield, Coombe, and Handborough ; the parish of Kidlington, except the re- spective Hamlets of Gosford and Water Eaton ; the hamlet of Old Woodstock and Blenheim Park. 29.— COUNTY OF SALOP. NORTHERN DIVISION. . Shrewsbury. — From the point at which the River Severn is joined by a stream or watercourse which flows by the J3og Kennel, and under Bow Bridge, along the said stream or watercourse to the point at which the same reaches the road leading from Old Heath into the Chester Road ; thence along the said road from Old Heath to the point at which the same joins the Chester Road; thence along the Chester Road to the point at which the same is met by a watercourse which runs round the Corporation Gardens and Round Hill, and joins the River Severn near the house called "The Flash;" thence along the last-mentioned watercourse to the point at which the same reaches the old Baschurch Road; thence along the old Baschurch Road to the point at which the same is met by a footpath leading along the wall of Flash House towards the River Severn; thence along the said footpath to the point at which the same meets again the last-mentioned watercourse ; thence along the last-mentioned watercourse to the point at which the same joins the River Severn ; thence along the River Severn to the point at which the same is met by the common boundary of the respective parishes of Saint Chad and Saint Julian; thence, eastward, along the boundary of the parish of Saint Chad to the point at which the same reaches a lane or road which leads from the Montgomery Road into lands belonging to Mrs. Cartwright ; thence along such lane or road to the point at which the same joins the Montgomery Road; thence in a straight line to the point at which the stream from the Conduit Head joins the Radbrook Stream; thence along the Radbrook Stream to the point at which the 2 & 3 William IV. Cap. 64. 219 same reaches Kingsland Lane ; thence along Kingsland Lane to the point at which the same joins the Bishop's Castle Road; thence along the Bishop's Castle Road to the point at which the same is met by the boundary of the parish of Saint Julian; thence, eastward, along the boundary of the parish of Saint Julian to the point at which the same meets the boundary of the parish of Holy Cross ; thence, eastward, along the bound- ary of the parish of Holy Cross to the point first described. SOUTHERN DIVISION. Bridgenorth. — The old borough of Bridgenorth, and the several parishes of Quatford, Oldbury, Tasley, and Astley Abbotts. Ludlow. — From the point on the south of the town at which Dirty Brook joins the River Teme, north-eastward, along the boundary of the township of Ludford to that point thereof which is nearest to the south-western corner of the piece of land called " Rock Close ;" thence in a straight line to the said south-western corner ; thence along the western fence of Rock Close to the point at which the same cuts the road to the Sheet ; thence towards Ludlow along the road to the Sheet to the point at which the same is joined by a road leading by Gallows Bank into Rock Lane ; thence along the last-mentioned road to the point at which the same reaches Rock Lane ; thence along Rock Lane to the point at which the same is joined by a road to the Sandpits Turnpike; thence along the said road to the Sandpits Turnipike to the point at which the same is met by the eastern fence of the garden of the public house called the "Cross Keys;" thence in a straight line to the point at which Fishmore Brook would be cut by a straight line to be drawn from the point last de- scribed to Stanton Lacy House ; thence along the Fishmore Brook to the point at which the same joins the River Corve ; thence up the River Corve to the point at which the same meets the fence which separates the lands occupied by Mr. William Russell from the lands occupied by Mr. Henry Lloyd ; thence along the last-mentioned fence to the point at which the same meets the Shrewsbury Road ; thence along the fence which separates the two fields respectively called " The Lease Piece" and " Pike Field" to the point at which such fence meets the Burway Road; thence, northward, along the Burway Road to the point at which the same is met by the fence which separates the two fields respectively called " The 220 The Boundary Act, Marshes" and " The Ox Pasture ;" thence along the last-men- tioned fence to the point at which the same meets the River Teme ; thence in a straight line to the point at which the fence which divides the lands of the Honourable Robert Henry Clive from lands of the corporation of Ludlow, in the occupation of Mr. William Smith, meets the Prior Halton Road ; thence towards Ludlow along the Prior Halton Road to the point at which the same is met by the fence which di- vides the lands of the corporation of Ludlow, occupied by the late Mr. Johnnes and Mr. George Anderson, from the lands of the said corporation occupied by the late Mr. Anthony Jones and Mr. Robert Meyrick ; thence along the last-men- tioned fence to the point at which the same meets the Brick House Road ; thence in a straight line to the eastern corner of WhiteclifF Coppice ; thence, southward, along the north- eastern fence of WhiteclifF Coppice to the point at which the same meets the boundary of the township of Ludford; thence, Southward, along the boundary of the township of Ludford to the point first described. Wenlock. — The old borough of Wenlock. 30.— COUNTY OF SOMERSET. EASTERN DIVISION. Bath. — The old city of Bath, the respective parishes of Bathwick and Lyncomb and Wyncomb, and also that part of the parish of Walcot which lies without the old city of Bath and adjoins the boundary of the old city of Bath. Bristol. — From the point on the north-east of the city M ^- which the eastern boundary of the out-parish of Saint Paul meets the north-western boundary of the out-parish of St. Philip and Jacob, eastward, along the boundary of the parish of Saint Philip and Jacob to that point thereof which is nearest to the point at which the Wells Road leaves the Bath Road; thence in a straight line to the said point at which the Wells Road leaves the Bath Road ; thence along the Wells Road to the Knowle Turnpike Gate ; thence along the road which leads from the Knowle Turnpike Gate to Bedminster Church to the point at which the same is crossed by Bedminster Brook ; thence along Bedminster Brook to the point at which the same crosses the road from Locks Mill to Bedminster; 2 & S William IV. Cap. 64. 221 thence along the last-mentioned road, passing the southern extremity of the village of Bedminster, to the point at which the same meets the brook at Marsh Pit j thence along the last-mentioned brook to the point at which the same meets the boundary of the parish of Clifton \ thence, northward, along the boundary of the parish of Clifton to the boundary stone marked (C. P) and (W P) 12), marking the north- eastern angle of the boundary of the parish of Clifton, and situate on Durdham Down, east of the Shirehampton Road ; thence in a straight line to the southernmost point at which the boundary of the tithing of Stoke Bishop meets Parry's Lane ; thence, eastward, along the boundary of the tithing of Stoke Bishop to the point at which the same joins the bound- ary of the out-parish of St, Paul ; thence, northward, along the boundary of the out-parish of St. Paul to the point first described. Frome. — From Cottle's Oak Turnpike Gate, along Barton Lane, to the point at which the same meets Green Lane; thence along Green Lane to the point at which the same meets the lane to Hellicar's Grave ; thence along the lane to Helli- car's Grave to the southern extremity thereof; thence in a straight line through Plaguy House into Grove Lane ; thence in a straight line to the point at which the road from Tythe- rington is met by the Lane to Adderwell at a place called the Mount ; thence along the lane to Adderwell to the eastern extremity thereof near Bellows Hole ; thence in a straight line to the point at which Frome River would be cut by a straight line to be drawn from the point last described to the house called " Mrs. White's" or "Southfield Farm House;" thence, northward, along Frome River to the point at which the same is joined by Rodden Lake Streamlet ; thence along Rodden Lake Streamlet to Rodden Bridge at the end of Rodden Lane ; thence along Rodden Lane to the point called Clink Cross- ways ; thence in a straight line to the Twelfth Mile Stone on the Bath Road ; thence in a straight line to the north-eastern corner of Mr. Shepherd's Garden Wall ; thence in a straight line, through the house of Thomas Ball and Mrs. Slade, to Frome River; thence along Frome River to the northern- most part of the buildings of the Dye House, late the pro- perty of Samuel Button ; thence in a straight line to the cen- tre of Kissing Batch Pond; thence in astraight line to Cottle's Oak Turnpike Gate. Wells. — From the point on the north-east of the city at M 2 222 The Boundary Act, which the old city boundary meets Back Lane, along Back Lane to the point at which the same joins the Bath Road; thence in a straight line across the Bath Road to the northern extremity of Drang Lane ; thence along Drang Lane, and along the footpath across Drang Meadow, to the point at which such footpath joins the road which leads to the turnpike on the Shepton Mallett Road; thence, westward, along the road so joined to the next city boundary stone; thence, southward, along the old city boundary to the point first described. WESTERN DIVISION. Bridgewater. — From the easternmost point at which the boundary of Three Elm Field meets the River Parret, west- ward, along the boundary of Three Elm Field to the point at which the same meets Reed Moor Pill ; thence, westward, along Reed Moor Pill to the point at which the same reaches the southern boundary of the two fields respectively called the " Pasture Ground ;" thence in a straight line to the point at which the boundary of the parish of Wembdon would be cut by a straight line to be drawn from the point last described to the spire of Bridgewater Church ; thence, southward, along the boundary of the parish of Wembdon to the point at which the same meets the Cannington Road; thence, westward, along the Cannington Road to the point at which the same is met by the boundary of the field called " Six Acres ;" thence, westward, along the boundary of the field called " Six Acres" to the point at which the same meets, near the Horse and Jockey Inn, the road from West Street; thence, westward, along the road from West Street to the point at which the same is met by the western boundary of Matthew's Field ; thence along the western boundary of Matthew's Field to the point at which the same meets the Town Mill Leat ; thence along the Town Mill Leat to the point at which the same reaches the south-eastern corner of Matthew's Field ; thence in a straight line to the point at which Hamp Brook meets Hamp Lane ; thence along Hamp Lane to the point at which the same joins West Road ; thence along West Road to the point at which the same is joined by Row's Lane ; thence along Row's Lane to the point at which the same meets the fence which incloses -the grounds of the house called " Hamp," belonging to Jolm Chapman, Esquire; thence, southward, along the last-mei.- tioned fence to the point at which the same meets a stream at Barland Lane Bridge; thence along the said stream to the point at which the same falls into the River Parret at Barlaiul 2 & 3 William IV. Cap. 64. 223 Clize ; thence, westward, along the River Parret to the point at which the same is joined by the boundary of the northern- most of the two contiguous fields respectively called " Five Acres;'* thence, eastward, along the boundary of the last- mentioned field to the point at which the same meets the boundary of the field called "Four Acres;" thence, north- ward, along the boundary of the field called " Four Acres" to the point at which the same meets the boundary of a field called " Five Acres ;" thence, eastward, along the boundary of the last-mentioned field called " Five Acres " to the point at which the same meets the Weston Zoyland Road; thence, eastward, along the Weston Zoyland Road to the point at which the same is met by an occupation road leading towards the North; thence along the said occupation road to the northern extremity thereof; thence along the fence which is the western boundary of the fields respectively called " Ten Acres," " Seven Acres," and " Five Acres," formerly belong- ing to Alexander Popham, Esquire, to the point at which such fence meets the fence of a field called" The Hundred Acres;" thence in a straight line to the southern extremity, close by a penfold, of the fence which divides the two fields respectively called " Part of the Hundred Acres;" thence, eastward, along the boundary of the easternmost of the two last-mentioned fields to the point at which such boundary meets the Bath Road ; thence, northward, along the boundary of the field called " Small Croft" to the point at which the same meets the Bristol Road ; thence, westward, along the boundary of Great Castle Field to the point at which the same meets the River Parret ; thence along the River Parret to the point first described. Taunton. — From the point on the north-west of the town at which Mill Lease Stream crosses Greenway Lane, along Greenway Lane to the point at which the same joins the Kingston Road ; thence along the Kingston Road to the point at which the same is joined by the Cheddon Road ; thence along the Cheddon Road to the point at which the same is joined by Priors Wood Lane ; thence along Priors Wood Lane to the point at which the same is met by the Obridge Stream ; thence along the Obridge Stream to the point at which the same falls into the River Tone ; thence. Southward, along the River Tone to the point at which the same is met by Mill Lane ; thence along Mill Lane to the point at which the same joins the Bridgewater Road ; thence along the Bridge water Road to the point at which the same is joined 224 The Boundary Act, by Bath Pool Lane ; thence in a straight Hne to Stream Plj Bridge ; thence along the stream over which Stream Plj Bridge is built, through Holway Bridge, to the point i which the same stream meets the boundary of the parish ( Wilton at Cuckoo Corner ; thence, westward, along tli boundary of the parish of Wilton to the point at which tl same meets Sherford Stream ; thence along Sherford Streas to the point at which the same meets Sherford Lane ; then( along Sherford Lane to the point at which the same joii the Honiton Road ; thence along the Honiton Road to tl point at which the same is joined by Hoverland Lane ; then( along Hoverland Lane to the point at which the same mee Ganton Stream ; thence along Ganton Stream to the point i which the same meets the boundary of the parish of Wiltor thence, northward, along the boundary of the parish of W ilt( to the point at which the same meets the Bishops Hull Roac thence, northward, along the Bishops Hull Road to the poii at which the same is joined by Long Run Lane ; thence in straight line to the Turnpike House on the Staplegrove Roac thence along the Staplegrove Road to the point at which tl same is crossed by Mill Lease Stream ; thence along M Lease Stream to the point first described. 31.— COUNTY OF STAFFORD. NORTHERN DIVISION. Newcastle -under-Lyme. — The old borough of Ne> castle-under-Lyme, and the portion of the parish of Stok upon-Trent which is surrounded partly by the boundary the old borough of Newcastle-under-Lyme and partly by tl boundary of the Township of Knutton. Stafford. — From the point at which the boundary of tl old borough is cut by a straight line drawn from the windm: near the bridge on the Doxey Road to the stile at tl southern end of the foothpath from the Newport Road in the Penkridge Road, along the said straight line to the poii at which the same meets the Penkridge Road ; thence, sout] ward, along the Penkridge Road to the point at which stream of water running along the eastern side of that ro2 turns eastward therefrom ; thence along the said stream i the point at which the same meets Spittal Brook ; thenc along Spittal Brook to the point at which the same meets tl River Sow ; thence along the River Sow to the point at whi( 2 & 3 William IV. Cap. 64. ^5 the same meets the boundary of the old borough ; thence, northward, along the boundary of the old borough to the point first described. Stoke-upon-Trent. — The several townships of PenkhuU with Boothen, Tunstall, Burslem, Hanley, Shetlon, Fenton Vivian, Lane End, Fenton Culvert, and Longton, the vill of Rushton Grange, and the hamlet of Sneyd. SOUTHERN DIVISION. Lichfield. — The county of the city of Lichfield, and the place called The Close, which is encompassed by the said county. Tamworth. — The parish of Tamworth. Walsall. — The parish of Walsall, except that detached part thereof which is surrounded by the respective parishes of Aldridge and Rushall, and the chapelry of Pelshall. Wolverhampton. — The several townships of Wolverhamp- ton, Bilston, Willenhall, and Wednesfield, and the parish of Sedgeley. 32. COUNTY OF SUFFOLK. EASTERN DIVISION. Ipswich. — The old borough of Ipswich. WESTERN DIVISION. Bury St. Edmund's. — The old borough of Bury St. Ed- mund's. Eye. — The several parishes of Eye, Hoxne, Denham, Redlingfield, Occold, Thorndon, Braisworth, Yaxley, Thran- diston, Broome, and Oakley. Sudbury. — The old borough of Sudbury, and the town- ship or hamlet of Ballingdon cum Brunden ; together with all or any extra-parochial places or place surrounded by the boundaries either of the old borough of Sudbury, or of the township or hamlet of Ballingdon cum Brunden. 226 The Boundary Act, 33.-~COUNTY OF SURREY. EASTERN DIVISION. Lambeth. — The Parish of Saint Mary Newington, the parish of Saint Giles Camberwell, except the manor and hamlet of Dulwich, and also such part of the parish of Lambeth as is situate to the north of the line herein-after described, including the extra-parochial space encompassed by such part : From the point at which the road from London to Dul- wich by Red Post Hill leaves the road from London over Heme Hill in a straight line to Saint Matthew's Church at Brixton ; thence in a straight line to a point in the boundary between the respective parishes of Lambeth and Clapham, one hundred and fifty yards south of the middle of the car- riageway along Acre Lane. Reigate. — The parish of Reigate. SouTHWARK. — The old borough of Southwark, including the Mint and manor of Suffolk ; the several parishes of Rotherhithe, Bermondsey, and Christ Church ; and the Clink liberty of the parish of Saint Saviour. WESTERN DIVISION. Guildford. — From the point on the north of the town at which a creek leading from Dapdune House joins the River Wey, in a straight line to the point at which the road called the New Road joins the Stoke Road ; thence along the New Road to the point at which the same joins the Kingston Road ; thence along the Kingston Road to the point at which the same joins Cross Lane ; thence along Cross Lane to the poir\t at which the same joins the Epsom Road; thence in a straight line to the point in Chalky Lane at which the boundary of Trinity Parish leaves the same ; thence along the southern boundary of Trinity Parish to the point at which such bound- ary enters Gaol Lane ; thence in a straight line to the point at which the River Wey turns abruptly to the north at a wharf close by the Horsham Road ; thence in a straight line to the point at which the path from Guildford across Bury Fields abuts on the Portsmouth Road ; thence in a straight line to the south-western corner of Cradle Field ; thence along the western hedge of Cradle Field to the point at which 2 & 3 William IV. Cap. 64. 227 the same cuts the old Farnhara Road ; thence in a straight line towards Worplesdon Semaphore to the point at which such line cuts the new Farnhatn Road; thence in a straight line to the point first described. 34.-COUNTY OF SUSSEX. EASTERN DIVISION. Brighthelmstone. — The respective parishes of Bright- helmstone and Hove. Hastings. — The town and port of Hastings and its liber- ties, including that detached part of the parish of Saint Leonard which lies near the town of Winchelsea, and includ- ing also the liberty of the Sluice, but excluding all such other parts of the old borough of Hastings as are detached from the main body thereof. Lewes. — From the Town Mill on the north-western side of the town in a straight line to the Smock Windmill, which is the most southerly of the two windmills called " The King- stone Mills;" thence in a straight line to the point at which the boundary of the parish of Southover crosses the Cock- shut Stream ; thence along the Cockshut Stream to the point at which the same joins the River Ouse ; thence along the River Ouse to the point at which the same would be cut by a straight line to be drawn from the point last described to the point on the Eastern Cliff known as the site of an old windmill ; thence in a straight line to the said point on the Eastern Cliff; thence in a straight line to the windmill called " Mailing Mill ;" thence in a straight line to the point at which the stream which turns the paper mill falls into the River Ouse ; thence in a straight line to the Town Mill. Rye. — The ancient towns of Rye and Winchelsea, the several parishes of Rye, Peasemarsh, Iden, Playden, Win- chelsea, East Guildford, Icklesham, and Udimer, and also that part of the parish of Brede which lies between the parishes of Udimer and Icklesham. WESTERN DIVISION. Arundel. — The parish of Arundel. M 5 228 The Boundary Act, Chichester. — From the eastern extremity of the boundary of the old city liberty at St. James's Post, northward, along the said boundary to the point at which the same meets the old Broill Road : thence in a straight line to the westernmost point at which the boundary of the parish of Saint Peter the Great meets the boundary of the parish of Saint Bartholomew ; thence, southward, along the boundary of the parish of Saint Bartholomew to the point at which the same crosses the new road to Fishbourn ; thence in a straight line to the turnpike gate on the Stockbridge Road ; thence in a straight line to the canal bridge adjoining the basin ; thence in a straight line to the southern extremity of Snag Lane ; thence in a straight line to the southern extremity of Cherry Orchard Lane ; thence in a straight line to the point at which the Rumbolds- week Road meets the Oving Road ; thence in a straight line first to the point described. Horsham. — The parish of Horsham. MiDHURST. — The several parishes of Midhurst, Ease- bourn, Heyshot, Chithurst, GrafFham, DidHng, and Cocking ; and the tithing of South Ambersham in the parish of Steep ; that part of the parish of Bignor which is surrounded by the parish of Easebourn ; those parts of the several parishes of Wool Lavington, Bepton, and Woolbeding which adjoin the parish of Midhurst ; that part of the parish of Lynch which adjoins the said part of the parish of Bepton ; and also that part of the parish of Lynch in which Woodman's Green is situate ; all such parts of the respective parishes of Stedham and Iping as are not situated to the north of the cross road which runs from Woodman's Green, between North End Farm and Hobbert's Farm, to Milland Marsh ; the parish of Trotton, except that part thereof which lies to the north of the cross road from Vining Common to Home Hill and Cobed Hall called Lonebeech Lane ; and all such parts of the re- spective parishes of Sellham and Lodsworth, and of the tithing of North Ambersham, as are not situated to the north of the brook which runs from Cook's Bridge on the London Road to Lickfold Bridge. 2 & 3 William IV. Cap. 64. 229 35.— COUNTY OF WARWICK. NORTHERN DIVISION. Birmingham. — The respective parishes of Birmingham and Edgebaston, and the several townships of Bordesley, Duddeston and Nechels, and Deritend. Coventry. — The city of Coventry and the suburbs thereof. SOUTHERN DIVISION. Warwick. — The old borough of Warwick. 36.— COUNTY OF WESTMORLAND. Kendal. — The respective townships of Kendal and Kirk- land, and all such parts of the township of Nether Graveship as adjoin the township of Kendal. 37.— ISLE OF WIGHT. Newport. — From the point on the south of the town at which the footpath to Shide joins the Niton Road at Trattles Butt, in a straight line to the house in the parishes of Caris- brooke which belongs to Joshua Spickernell, and is now in the occupation of Mrs. Stanborough ; thence in a straight line across the Gatcombe Road to the house which belongs to James Barlow Hoy, Esquire, and is now in the occupation of James Dennett ; thence in a straight line in the direction of West Mill to the point at which such straight line cuts the Lukeley or Carisbrook Stream ; thence, northward, along the Lukeley or Carisbrook Stream to the point at which the same meets the boundary of the old borough ; thence, north- ward, along the boundary of the old borough to Pan Bridge : thence in a straight line to the point at which the footpath to Shide meets Church Litton Lane ; thence along the said foot- path to the point first described. 38.— COUNTY OF WILTS. NORTHERN DIVISION. Calne. — The parish of Calne, and also those parts of the respective parishes of Blackland and Calstone Willington 230 The Boundary Act, which are surrounded by the parishof Calne, including all such parts, if any, of the old borough of Calne as are without the parish of Calne. Chippenham. — The several parishes of Chippenham, Har- denhuish, and Langley Burrell, and the extra-parochial space called Pewisham. Devizes. — The borough of Devizes, including the respec- tive parishes of St. John the Baptist and the Blessed Virgin Mary, and also so much of the chapelry of St. James and of the parish of Rowde as lies between the boundary of the old borough and the following boundary ; (that is to say,) From the point at which the boundary of the parish of St. John the Baptist would be cut by a straight line to be drawn from the Dairy Farm House on the Chippenham Road called Ox House, to the Round Tower of the new County Bride- well, in a straight line to Ox House ; thence in a straight line to a house occupied by Mr. Mayo, called Brow Cottage ; thence in a straight line to the point at which the towing path of the Kennet Canal meets Dye House Lane ; thence, east- ward, along the Kennet Canal to the point at which the same turns northward near London Bridge ; thence in a straight line drawn due east to a point one hundred yards distant ; thence in a straight line to Mr. Gundry's house on the Salisbury Road ; thence in a straight line to a house called Southgate, occupied by Mr. Slade ; thence in a straight line to the southernmost point at which Gallows Acre Lane is met by the boundary of the parish of St. John the Baptist. Malmsbury. — The old borough of Malmsbury, the re- spective out-parishes of St. Paul Malmsbury and St. Mary Westport, and the several parishes of Brokenborough, Charl- ton, Garsdon, Lea, Great Somerford, Little Somerford, Foxley, and Bremhilham. Marlborough. — The old borough of Marlborough and the parish of Preshute. SOUTHERN DIVISION. Salisbury. — From the south-western extremity of the wall of the Poorhouse at Fisherton Anger, in a straight line to a point in the Wilton Road which is three hundred and 2& 3 William IV. Cap. 64. 231 thirty yards distant from the point at which the Wilton Road joins the Devizes Road ; thence in a straight line to a point in the Devizes Road which is six hundred and fotty yards distant from the point at which the Wilton Road joins the Devizes Road ; thence in a straight line to the point at which the Stratford Road joins the Marlborough Road ; thence in a straight line to the point called Whipping Cross Tree ; thence in a straight line to the point at which the road from Salis- bury to Laverstock joins the road from Salisbury to Claren- don ; thence in a straight line to the point at which the eastern boundary of the city meets the River Avon ; thence along the River Avon to the point at which the same joins the River Nadder ; thence along the River Nadder to the point first described. Westbury. — The parish of Westbury. Wilton. — The several parishes of Wilton, Fugglestone, Stratford-under-the-Castle, Great Durnford, Woodford, South Newton, Wishford, Barford, Burcombe, Netherhampton, West Harnham, and Britford ; such part of the parish of Fisherton Anger as will not by the provisions of this Act be included within the boundary of the city of Salisbury ; and also all such parts of the several parishes of Bishopston, Toney Stratford, Combe Bisset, and Humington, as are situated to the north of a straight line to be drawn from Odstock Church to the point on Combe Hill at which a fence dividing the Down from the cultivated land meets the old road from Salisbury to Blandford, and thence through the centre of the clump of trees called Fallstone Middle Nursery to the western boundary of the parishes of Bishopston ; toge- ther with all such part of the extra-parochial place called Grovely Wood as is situate to the east of a straight line to be drawn from the point at which the western boundary of the parish of Wishford meets the northern boundary of Grovely Wood, to the point at which the western boundary of the parish of Barford meets the southern boundary of Grovely Wood. 39.— COUNTY OF WORCESTER. EASTERN DIVISION. Droitwich. — The old borough of Droitwich ; the several parishes of Dodderhill, Hampton Lovett, Doverdale, Sal warp. 232 The Boundary Act, Martin Hussingtree, Oddingley, Hadsor, Hindlip, Himble- ton, and Elmbridge; the Moreway-end Division and the Broughton Division of the parish of Hanbury ; the extra- parochial places called Crutch and Westwood Park ; together with the two parts of the respective parishes of Claines and Warndon which are surrounded by the respective parishes of Hindlip and Martin Hussingtree; and also the extra- parochial place called Shell, and the detached part of the parish of Inkberrow, which are respectively contained between the parish of Himbleton and the Broughton Division of the parish of Hanbury. Dudley. — The parish of Dudley. I Evesham.— The old borough of Evesham. WESTERN DIVISION. Bewdley. — The parish of Ribbesford, and the several hamlets of Wribbenhall, Hoarstone, Blackstone, Netherton, and Lower Mitton with Lickhill. Kidderminster. — From the point at or near Proud Cross at which the boundary of the old borough meets the Broom- field Road, along the boundary of the old borough, to the point at which the Abberley Road meets the Black Brook ; thence, westward, along the Abberley Road to the first point at which the same is met by a hedge running due south there- from; thence along the said hedge to its southern extre- mity near a stone quarry ; thence in a straight line to the said stone quarry ; thence in a straight line to the first mile stone on the Bewdley Road ; thence, westward, along the Bewdley Road to the point at which the same is joined by a footpath leading to the Stourport Road ; thence along the said footpath to the point at which the same meets the boundary of the old borough ; thence, southward, along the boundary of the old borough to the point at which the same meets the south-eastern fence of a wood called " The Copse," situated on the eastern bank of the River Stour ; thence along the said fence to the point at which the same meets Hoo Lane ; thence across Hoo Lane, over a stile called *' Gallows Stile," along a footpath leading from the said stile to the lane from Hoo Brook to Comberton Hill, to the point at which the last mentioned footpath meets the lane from Hoo Brook to Comberton Hill; thence, northward, 2 & 3 William IV. Cap. 64. 2S3 along the lane from Hoo-Brook to Comberton Hill to the point at which the same meets the boundary of the old borough ; thence, northward, along the boundary of the old borough to the point first described. Worcester. — From the Liberty Post on the Tewkesbury Road, southward, along the Tewkesbury Road, to the point beyond the turnpike at which the same road is met by Duck Brook ; thence along Duck Brook to the point at which the same crosses the London Road ; thence in a straight line to the western extremity of the road which leads out of the London Road to Lark Hill ; thence along the said road to Lark Hill to the eastern extremity thereof; thence along a footpath leading to the New Town Road to the point at which the same reaches the New Town Road ; thence, westward, along the New Town Road to the point at which the same is crossed by the footpath leading from the House of Industry to the Porte Fields Road ; thence along the last-mentioned footpath to the point at which the same joins the Porte Fields Road ; thence along a footpath which leads from the Porte Fields Road, past Rainbow Villa, into the Astwood Road, to the point at which such footpath joins the Astwood Road; thence along a road which leads from the Astwood Road to the Whey Tavern to the point at which such road crosses the Worcester and Birmingham Canal ; thence along the Worcester and Bir- mingham Canal to the bridge which is nearest to Gregory's Mill ; thence along the road leading from the said bridge to the Birmingham Road to the point at which the same is crossed by the Barborne Brook ; thence along the Barborne Brook to the point at which the same falls into the River Severn ; thence along the River Severn to the point at which the same is met by the boundary of the parish of St. Clement; thence, westward, along the boundary of the parish of St. Clement to the point at which the same meets the boundary of the township of St. John ; thence, westward, along the boundary of the township of St. John to the point at which the same meets the Hereford Road ; thence along the Hereford Road to the point at which the same is met by Powick Lane, leading to Powick Bridge ; thence, southward, along Powick Lane to the point at which the same terminates in a footpath ; thence in a straight line to the point at which Cut Throat Lane is met by a footpath leading from Boughton Fields to the Malvern Road ; thence along the last-mentioned footpath to the point at which the same joins the Malvern Road ; thence, northward, along the Malvern Road to the 234 The Boundary Act, point at which the same meets the boundary of the township of St. John ; thence, eastward, along the boundary of the township of St. John to the point at which the same meets the boundary of the parish of St. Clement ; thence, eastward, along the boundary of the parish of St. Clement to the point at which the same meets the River Severn ; thence, south- ward, along the River Severn to the point at which the same is met by the old city boundary ; thence, southward, along the old city boundary to the Liberty Post aforesaid. 40.~COUNTY OF YORK. NORTH RIDING. Malton. — The respective parishes of St. Leonard and St. Michael, New Malton, the parish of Old Malton, and the parish of Norton. Northallerton. — The respective townships of Northal- lerton and Romanby, and the chapelry of Brompton. Richmond. — The respective parishes of Richmond and Easby. Scarborough. — The parish of Scarborough, together with the Extra-parochial Precinct of Scarborough Castle. Thirsk. — The several townships of Thirsk, Sowerby, Carlton Miniott, Sand Hutton, Bagby, and South Kilvington. Whitby. — The several townships of Whitby, Ruswarp, and Hawsker-cum-Stainsacre. York. — From the ancient barn on the Easingwold Road, two hundred yards beyond the first mile stone on that road, in a straight line to the Lady or Clifton Mill ; thence in a straight line to the Pepper or Stray Mill ; thence in a straight line to the point at which the Stockton Road would be cut by a straight line to be drawn thereto from the Pepper or Stray Mill through the New Manor House ; thence along the Stockton Road to the point at which the same is joined by a lane leading from the eastern extremity of the village of Heworth towards the north ; thence in a straight line to the point at which the Tang Hall Beck would be cut by a 2 & 3 William IV. Cap. 64. 235 straight line to be drawn from the point last described to Heslington Mill ; thence along Tang Hall Beck to the point at whicl) the same crosses the boundary of the county of the City of York ; thence, southward, along the boundary of the county of the City of York to the point at which the same would be cut by a straight line to be drawn thereto from the south-eastern corner of the barracks through Lamel Mill ; thence in a straight line to the south-eastern corner of the barracks ; thence along the southern wall of the barracks to the point at which the same cuts the Selby Road; thence along the Selby Road to the point at which the same is joined by Fulford Church Lane ; thence along the northern hedge of Fulford Church Lane to the point at which the same ceases to be continuous, close by a farm building belonging to Mr. Ellis ; thence in a straight line, in the direction of the said hedge, to the River Ouse ; thence along the River Ouse to the southernmost point at which the same is met by the boundary of the City Liberty ; thence, westward, along the boundary of the City Liberty to the point at which the same again meets the River Ouse ; thence along the River Ouse to the point at which the same would be cut by a straight line to be drawn from the barn first described to Acomb Church ; thence in a straight line to the barn first described. EAST RIDING. Beverley — The several parishes of St. Mary, St. Martin, and St. Nicholas, and also such part of the parish of St. John as is comprised within the liberties of Beverley. Kingston upon Hull. — The several parishes of St. Mary, the Holy Trinity, Sculcoates, and Drypool ; together with the extra-parochial space called Garrisonside, and all other extra-parochial places, if any, which are surrounded by the boundaries of the said parishes of St. Mary, the Holy Trinity, Sculcoates, and Drypool, or any or either of them ; and also all such part of the parish of Sutton as is situated to the south of a straight line to be drawn from Sculcoates Church to the point at which the Sutton Drain meets the Summergangs Drain. WEST RIDING. Bradford. — The several townships of Bradford and Manningham and Bowhng, and the township of Horton, ncluding the hamlets of Great and Little Horton. £36 The Boundary Act, Halifax.— From the point on the north of the town at which the respective boundaries of the several townships of Halifax, North Owram, and Ovenden meet, westward, along the boundary of the township of Halifax, to the point at which the same meets the road leading from a house called Shay to Bank Top ; thence along the said road from Shay to Bank Top to the point at which the same meets the road leading from South Owram to North Owram ; thence along the said road from South Owram to North Owram to God Lane Bridge ; thence in a straight line to the south-eastern corner of New Town on the Bradford Road; thence in a straight line to the point first described. HuDDERSFiELD. — The towuship of Huddersfield. Knaresborough. — The boundary described in the second section of an Act passed in the Fourth Year of the Reign ot His late Majesty King George the Fourth, and intituled " An Act for paving, lighting, watching, cleansing, and *' improving the town of Knaresborough in the west riding " of the county of York, and that part of the township of '* Scriven-with-Tentergate which adjoins the said town, and " is called Tentergate." Leeds. — The parish of Leeds. PoNTEFRACT. — The old borough and township of Ponte- fract, and the extra-parochial space called the Pontefract Park District, the Castle Precincts, and also the several townships of Tanshelf, Monkhill, Knottingley, Ferrybridge, and Carleton. RiPON. — The township of Ripon ; and also such part of the township of Aismunderby-cum-Bondgate as is situate to the north of the point on the south of the town of Ripon at which the Ripley Road meets the Littlethorpe Road, and which is the southern extremety of the nearly disjointed portion of the township of Aismunderby-cum-Bondgate. Sheffield. — The parish of Sheffield. Wakefield. — From the southernmost point at which the boundary of the township of Wakefield leaves the River Calder, along the boundary of the township of Wakefield, to the point at which the same is intersected by a hedge running 2& 3 William IV. Cap. 64. ^37 nearly north close by the western side of Park Gate Farm ; thence in a straight line to the point at which the footpath leading to St. Swithin's Well joins the footpath from East Moor to Old Park ; thence in a straight line to the point at which the Stanley Road would be cut by a straight line to be drawn from the point last described to the cupola of the Lunatic Asylum; thence along the Stanley Road to the point at which the same is met by the East Moor Road ; thence along the East Moor Road to the point at which the same meets the boundary of the township of Wakefield ; thence, westward, along the boundary of the township of Wakefield to die point at which the same meets the boundary of the de- tached portion of the township of Alverthorp which lies north of the township of Wakefield ; thence, westward, along the boundary of the said detached portion of the township of Alverthorp to the point at which the same joins again the boundary of the township of Wakefield ; thence, southward, along the boundary of the township of Wakefield to the point at which the same meets Balne Lane ; thence along Balne Lane to the point at which the same is met by Humble Jumble Lane; thence along Humble Jumble Lane to the point at which the same meets the footpath to Flanshaw Lane ; thence along the footpath to Flanshaw Lane to the point at which the same meets Smithson's Railroad ; thence along Smithson's Railroad to the point at which the same meets the Dewsbury Road; thence along the Dewsbury Road to the point at which the same meets the new or occupation road which unites the Dewsbury and Horbury Roads ; thence along the said New Road to the point at which the same meets the Park Wall of Thome's House ; thence, northward, along the said wall to the point at which the same meets the Road from Thome's to Horbury ; thence along the road from Thome's to Horbury to the point at which the same meets the stream called " The Gilsike ;" thence along the said stream to the pomt at which the same falls into the River Calder ; thence along the River Calder to the point first described. The Boundary Act, WALES. 41.— COUNTY OF ANGLESEA. BEAUMARIS DISTRICT. Amlwch. — From the point on the north-east of the town at which Rhyd Talog Brook falls into the sea at Forth Aber Cawell, southward, along the boundary of the parish of Almwch to the point called Croes Eilian ; thence along the Plas Dulas Road to the point called Penllaethdy Mawr; thence along the road leading to Pentre Felin, across the Llanerchy-y-medd Road, to the point called Pentre Felin Adda Cross Roads; thence along a road towards Pary's Farm to the point at which the same is met by the first bye road on the right leading to Bod-gadfa Farm ; thence along the said bye road, passing Bod-gadfa Farm, to the point at which the same bye road is crossed (between Bod-gadfa Farm and a Cottage called Yr-hen Odyn) by the Lastre Brook ; thence along the Lastre Brook, crossing the Holyhead Road, to the point at which the same brook falls into the river called Afon Park Llechog ; thence along the Afon Park Llechog to a Ford in the Cemmaes Road called Rhyd-carreg-cath ; thence along the Cemmaes Road to the Cottage called Bryn-y-Cyll, at which the same road is met by the church pathway ; thence along the church pathway to the stile over a brook which divides the land of the Marquis of Anglesea from the Coed Helen and Lysdulas property, and which stile is close by a spring called Ffynnon Casyris ; thence along the last-mentioned brook to the point at which the same is met by a boundary fence (a few yards north of a cottage called Cae-bach) running in the direction of Mona Mill ; thence along the said fence to the point at which J the same cuts the Porth Llechog Road; thence, towards Amlwch, along the Porth Llechog Road to the point at which the same is met by the Ffynnon-y-Garreg-fawr Pathway ; thence along the Ffynnon-y-Garreg-fawr pathway to the spring called Ffynnon-y-Garreg-fawr ; thence along the stream which proceeds from the said spring to the point at which the same stream falls into the sea i thence along the sea to the point first described. 2 & 3 William IV. Cap. 64. 239 Beaumaris. — The old borough of Beaumaris. Holyhead. — From that part of the common called " The Towyn," on the southeast of the town, which is nearest to Holyhead Common, along the road leading to Penrhos which adjoins the Towyn, (and is to the east of a cottage called " Pen-Towyn," occupied by John Davis,) to the point at which the said road to Penrhos is met by another road leading to a piece of waste land called " The Cyttir ;" thence along the said road to the Cyttir to the point at which the same meets the road which leads across the Cyttir ; thence along the said road across the Cyttir to the point at which the same meets the old Post Road to Bangor ; thence along the old Post Road to Bangor to Pentraeth ; thence along the road which leads from Pentraeth in a westerly direction, and south of the new brewery, to the point at which the same joins another road; thence, northward, along the road so joined to the point at which the same meets the Penrhos foila Road ; thence along the Penrhos foila road to the point at which the same meets the road which leads by the Ucheldre Windmill to the South Stack ; thence along the said road to the South Stack, including the messuage, with the offices and garden thereunto belonging, now in the occupation of Captain Colin Jones, to the westernmost point (near a cottage called " Cerrig-y-lloi") at which the same is crossed by a stream running from the Holyhead Mountain ; thence along the said stream to the point at which the same falls into the sea ; thence along the sea coast to that point thereof which is nearest to the point first described ; thence in a straight line to the point first described. Llangefni. — From the point at which the boundary wall between the property of Admiral Lloyd and the property of Owen Williams, Esquire, meets the old Bangor Road, east of a cottage called Min'fford, along the said boundary wall to the point at which the same reaches a spring and a footpath called Llwybyr Tregarnedd-bach ; thence along a hedge which, running from the said spring and footpath, forms a continuation of the line of the said boundary wall, and runs through the land of John Hampton Lewis, Esquire, to the point at which such hedge meets the River Cefni ; thence, southward, along the River Cefni to the point at which the same is met by the boundary of the parish of Llangefni ; thence, westward, along the boundary of the parish of Llangefni to the point at which the same meets the bye road 240 The Boundaey Act, called Llidiart-y-Pandy ; thence along the said bye road Llidiart-y-Pandy to the spot called Croes-lon-pen-y-Nant ; thence, southward, along the market road to the point at which the same joins the Rhos-y-meirch road ; thence along the Rhos-y-meirch road to the first point at which the same is cut (beyond the road leading to Clai) by hedges running from each side of the road at right angles ; thence along the hedge which runs from the last-mentioned point towards Pencraig to the point at which the same reaches an old quarry ; thence along a hedge which proceeds from the said old quarry, and forms a continuation of the hedge last described, passing Tyn-y-coed Farm, to the point at which the same hedge cuts the Llanddyfnan Road ; thence along the Llanddyfnan Road, towards Llanddyfnan, to the point at which the same meets the boundary of the Pencraig-fawr Farm ; thence, southward, along the boundary of the Pen- craig-fawr Farm to the point at which the same meets the old Bangor Road; thence along the old Bangor Road to the point first described. 42.— COUNTY OF BRECON. Brecon. — The old borough of Brecon, and the extra- parochial districts of the castle and Christ's College. 43.— COUNTY OF CAERMARTHEN. CAERMARTHEN DISTRICT. Caermarthen. — The old borough of Caermarthen. Llanelly. — From the point in Wern-y-Goosy Meadow on the north-west of the town at which the old course of the stream, which is the old borough boundary, makes a sharp turn, in a straight line to the southern extremity of the western fence of Cae Mawr Issa Field ; thence, northward, along the fence of the Cae Mawr Issa Field to the point at which the same meets the wall which is the western boundary of Furnace Garden ; thence along the said wall to the point at which the same meets Pen-y-Fai Lane; thence along Pen-y-Fai Lane to the point at which the same meets the Caermarthen Road ; thence in a straight line to the north- 2 & 3 William IV. Cap. 64. 241 western corner of the garden of Cae Mawr Cottage, lately burnt down ; thence along the fence which divides the garden of Cae Mawr Cottage and the field Cae Isha from the field Cae-ycha to the point at which the same meets the fence which divides the field Cae-ycha from the field Cae-bank ; thence along the last-mentioned fence to the northern cornier of the field Cae-bank ; thence in a straight line through the southern extremity of the north-eastern boundary of the ifield Cae-bank, across the tram-road, to the old borough [boundary ; thence, eastward, along the old borough boundary to the point first described. 44.— COUNTY OF CARDIGAN. CARDIGAN DISTRICT. Aberystwith. — From the outermost point of the rock Grraig-lias on the sea coast visible from the point described, in a straight line to the northern extremity of the stone wall which, divides the land called Pant-y-gyrn from the land jailed Fron ; thence along the said wall to the point at which he same meets the wall which divides the land Pant-y-gyrn irom the land Fron-uchaf; thence, eastward, along the )Oundary of Fron-uchaf to the turnstile at the south-eastern orner thereof; thence in a straight line to the mill in the Tanyard near the road leading to Llanbadarn-fawr ; thence n a straight line to the wooden dam just above Plas-greig ; hence, southward, along the boundary of the old borough to he sea coast ; thence along the sea coast to the point first lescribed. Adpar. — The old borough of Adpar and the hamlet of 3mlyn in the parish of Cennarth. Cardigan. — The old borough of Cardigan, and also Jridgend Hamlet and Abbey Hamlet in the parish of Saint Dogmel in the county of Pembroke. Lampeter. — From the point on the Creithin Brook at hich the northern boundary of the Glebe meets the boundary )f the old borough, along the northern boundary of the Glebe o the point at which the same meets again the boundary of he old borough ; thence, northward, along the boundary of he old borough to the point first described. 242 The Boundary Act, 45.— COUNTY OF CARNARVON. CARNARVON DISTRICT. Bangor. — From the point on the north-east of the town at which the road from the park wall of Penrhyn Castle to the Menai Straits joins the Menai Straits at the high-water mark, along the said road to the point at which the same meets the said park wall ; thence, westward, along the said park wall to the entrance gate to Lime Grove ; thence in a straight line across the road to the nearest point in the boundary wall immediately opposite, which bounds a field belonging to Lime Grove ; thence along the said boundary wall to the point at which the River Cegin enters the grounds of Pennant, Esquire ; thence along the River Cegin to the bridge across the Shrewsbury Road ; thence in a straight line to a square brick seat or monument situate on a knoll in a field called Cae Pant ; thence in a straight line to the nearest point of the road to Felin Esgob ; thence in a straight line to the nearest point of the road to Brynniau ; thence in a straight line to the point at which the road from Bangor to the Menai Bridge leaves the road from Bangor to Carnarvon ; thence along the said road to the Menai Bridge, in the direction of such bridge, to the gate on the right hand side which opens into an occupation road leading to Penrallt ; thence in a straight line to the point at which the low-water mark in the straights of Menai would be cut by a straight line to be drawn from the gate last described to the windmil called Llandegfan Mill, which is on the opposite side of the Straits ; thence along the said low-water mark to the point thereof which is nearest to the point first described ; thence in a straight line to the point first described. Carnarvon. — The old borough of Carnarvon. ' Conway. — The old borough of Conway. Cricceith— The old old borough of Cricceith. ^ Nevin. — The old borough of Nevin. Pwllheli. — From the south-western extremity of the boundary of the old borough on the sea coast, along the boundary of the old borough (leaving the sea coast) to the point at which the same is met by a small stream called 2 & 3 William IV. Cap. 64. 243 "Afongoegen ;" thence along the said stream to the bridge called " Sam, or Pont-penmaen ;" thence along the southern branch of the said stream to the point at which the same meets the boundary of the old borough ; thence, northward, along the boundary of the old borough to the point at which the same meets a road leading from Deneio Church into the Carnarvon Road ; thence along the said road from Deneio Church to the point at which the same is cut by the fence of a field called " Cae Fynnow," in the occupation of Hugh Williams of Bryn Crin ; thence along the last mentioned fence to the point at which the same cuts an occupation road leading from Bryn Crin farmhouse into the Carnarvon Road ; thence along the said occupation road to the point at which the same joins the Carnarvon Road ; thence, northward, along the Carnarvon road to the point at which the same is met by a road on the right leading to Abereirch ; thence along the said road to Abereirch to the point at which the same meets a road leading from Pwllheli to Tremadoc ; thence in a straight line to the sea, at the nearest point: thence, westward, along the sea coast to the point first described. 46.— COUNTY OF DENBIGH. DENBIGH DISTRICT. Denbigh. — The old borough of Denbigh. Holt.— The old borough of Holt. Ruthin. — The old borough of Ruthin. Wrexham. — The respective townships of Wrexham Abbot and Wrexham Regis ; and also such part of the township of Esclusam-below as is surrounded by the townships of Wrex- ham Abbot and Wrexham Regis, or one of them. 47.— COUNTY OF FLINT. FLINT DISTRICT. St. Asaph. — From the point on the north-west of the town at which the boundary of the township of Talar meets the River Elwy, westward, along the boundary of the township of 244 The Boundary Act, Talar, to the Green Gate Bridge over the brook Nant-y- franol; thence along the brook Nant-y-franol to the point at which the same meets the Holyhead Road ; thence, east- ward, along the Holyhead Road to the point at which the same is met by the boundary of the township of Talar : thence eastward, along the boundary of the township of Talar to the point at which the same meets the boundary of the township of Bryn Polin ; thence, southward, along the boundary of the township of Bryn Polin to the point at which the same meets the Upper Denbigh Road; thence, northward, along the Upper Denbigh Road to the point at which the same is met by a road or lane leading to Ysguborgoed ; thence along such road or lane leading to Ysguborgoed to the point at which the same meets the River Clwyd ; thence along the River Clwyd to the point at which the same is met by the southern boundary of the township of Cyrchynan ; thence in a straight line to the point first described. Caergwyle. — The old borough of Caergwyle. Caerwys. — The old borough of Caerwys. Flint. — The old borough of Flint. Holywell. — From the boundary stone on the hill Pen-y- bryn, and on the western side of the hedge (which is between the cottage occupied by William Williams and the south- eastern corner of the plantation of Richard Sankey, Esquire), in a straight line to the boundary stone of the township of Holywell which is on the eastern side of the St. Asaph Road ; thence in a straight line to a bridge (in the lane leading to and past Greenfield Hall) over a watercourse running into the River Dee ; thence, eastward, along the said watercourse to the point at which the same meets the boundary of the township of Greenfield ; thence, southward, along the bound- ary of the township of Greenfield to the point at which the same meets the boundary of the township of Holywell ; thence along the eastern and southern or exterior boundary of the township of Holywell to the boundary stone first de- scribed. Mold. — The township of Mold. Overton. — The old borough of Overton. Rhuddlan. — The old borough of Rhuddlan. 2^& 3 William IV. Cap. 64. S^5 48.— COUNTY OF GLAMORGAN. Merthyr Tydvil. — From the point on the north of Merthyr Tydvil at which the northern boundary of the hamlet of Gellydeg meets the river called the Great TafF, northward, along the Great TafF, to the point at which the same is cut by the southern fence of Cilsanos Common ; thence, eastward, along the fence of Cilsanos Common to the point at which the same cuts the Brecon Road; thence, southward, along the Brecon Road to the point at which the same meets the Vainor Road ; thence, eastward, along the Vainor Road to the point at which the same meets a bye road leading to Cefn-coed-y-Cwymner ; thence in a straight line to the point at which the Little TafF would be cut by a straight line to be drawn from the point last described to the southern mouth of a culvert on the eastern side of the Little TafF; thence, up the Little TafF, along the boundary of the parish of Merthyr Tydvil to the point at which the Cwm Bargoed stream is joined by a little brook from the Coli ravine ; thence in a straight line to the north-eastern corner of the stone fence of Pen-dwy-cae Vawr Farm ; thence along the road which passes Pen-dwy-cae Vawr Farmhouse to the point at which the same meets the mountain track from Dowlais to Quaker's Yard ; thence, southward, along the said track, between the farms of Pen-dwy-cae Vach and Pen- dwy-cae Vawr, to the point at which such track meets a road running nearly due west, by a stone quarry, to Pen-y- rhw Gymra Cottage ; thence along the last-mentioned road to the point at which the same reaches the southern side of Pen-y-rhw Gymra Cottage ; thence in a straight Ime to the point at which the southern boundary of Troed-y-rhw Farm meets the Cardiff Road ; thence along the southern boundary of Troed-y-rhw Farm to the point at which the same meets the Great Taff ; thence in a straight line to the bridge over the Cardiff Canal called Pont-y-nant Maen ; thence, north- ward, along the CardifF Canal to the point at which the same is intersected by the Cwmdu Brook ; thence along the Cwmdu Brook to its source ; thence in a straight line drawn due west to the boundary of the parish of Aberdare ; thence, south- ward, along the boundary of the parish of Aberdare to the point at which the same meets the boundary of the hamlet of Gellydeg ; thence, eastward, along the boundary of the hamlet of Gellydeg to the point first described. n2 246 The Boundary Act, CARDIFF DISTRICT. Cardiff. — The old borough of Cardiff; and so much, if any, of either or both of the respective parishes of St. John and St. Mary as lies without the old borough. CowBRiDGE. — The old borough of Cowbridge. Llantrissent. — The old borough of Llantrissent. SWANSEA DISTRICT. Aberavon. — From the point on the south of the town at which the River Avon falls into the sea, northward, along the eastern boundary of the hamlet of Havod-y-Porth, to that point in a stone fence which is immediately opposite a small round pool ; thence along the said stone fence to the point at which the same meets a lane or path leading to a small cottage ; thence along such lane or path to the ford across a brook immediately opposite Margam Chapel ; thence along the road to DyfTrynucha to the point at which the same meets the railroad from the Tai-bach copper works to Michalston ; thence, northward, along the said railroad to the point at which the same crosses a small stream running into the River Avon ; thence along the said stream to the point at which the same falls into the River Avon ; thence in a straight line to the point at which a stream which runs through the Cwm Bychan ravine falls into the River Avon; thence along the last-mentioned stream to the point at which the same meets the boundary of the parish of Baglan ; thence, southward, along the boundary of the parish of Baglan to the point at which the same meets the boundary of the parish of Aberavon ; thence, westward, along the boundary of the parish of Aberavon to the point at which the boundary of the old borough leaves the same ; thence along the boundary, of the old borough to the point at which the same meets the boundary of the hamlet of Havod-y-Porth ; thence, south- ward, along the boundary of the hamlet of Havod-y-Porth to the point first described. Kenfig. — The old borough of Kenfig. LouGHOR. — The old borough of Loughor. Neath. — From the point lowest down the River Neath at which the boundary of the old borough leaves the River 2 & 3 William IV. Cap. 64. g47 Neath, along the boundary of the old borough, leaving the River Neath, to the point at which Caerfwell Ditch joins the River Neath ; thence along Caerfwell Ditch to the point at which the same meets the lane called Heol-morfa ; thence along the lane Heol-morfa to the point at which the same joins the high road to Merthyr ; thence along the high road to Merthyr to the point at which the road to Pontardawey leaves the same ; thence along the road to Pontardawey to the point at which the same is joined by a lane called Rheol- y-glow ; thence along the lane Rheol-y-glow to the point at which the same meets a brook ; thence along such brook to the point at which the same meets Rheol-wern-fraith Lane ; thence along Rheol-wern-fraith Lane to the point at which the same is cut by a fence forming the north-western boun- dary of Cae-canddaw Field ; thence along the last-mentioned fence to the point at which the same meets the brook running to Nantlyros ; thence along the brook running to Nantlyros to the point at which the same joins the canal ; thence along the canal to the point at which the same crosses the stream Clydach ; thence along the stream Clydach to the point at which the same joins the River Neath ; thence along the River Neath to the point first described. Swansea. — From the point at which the northern boun- dary of the parish of St John is crossed by the road to Llan- gefelach Church, northward, along the road to Llangefelach Church, to the point at which the same is joined by a lane called Rheol-y-cnap ; thence along the lane Rheol-y-cnap, and along a lane which is a continuation thereof, and which joins the turnpike road to Neath opposite the Llandwr Engine, to the point at which such last-mentioned lane joins the turnpike road to Neath ; thence, northward, along the turnpike road to Neath to the point at which the same is joined, between the Duke's Arms public house and a black- smith's shop, by a road leading towards Clds Mont Farm ; thence along the last-mentioned road to the point at which the same is met, opposite the lane from Pen-Ian commonly called Pen-Ian Road, by a track leading to a well head ; thence along the said track to the point at which the same reaches the said well head ; thence along the stream which flows from the said well head to the point at which the said stream falls into the stream called Nant Velin ; thence along the stream Nant Velin to the point at which the same crosses the road which leads from Morriston into the road from Llangefelach Church to the bridge over the River Tawey ; N 3 248 The Boundary Act, thence along the said road from Morriston to the point at which the same joins the road from Llangefelach Church to the bridge over the River Tawey ; thence along the last-men- tioned road to the point at which the same reaches the said bridge over the River Tawey ; thence, eastward, along the turnpike road to Neath to the point at which the same is met near the Star public house by a lane which leads from the southern extremity of the parish of Llansamlet, over Cilfay Hill and by Bon-y-maen, to Llansamlet Church ; thence along the last-mentioned lane to the point at which the same meets the boundary of the hamlet of St. Thomas near Tregwl ; thence, eastward, along the boundary of the hamlet of St. Thomas to the point at which the same meets the boun- dary of the town and franchise ; thence, westward, along the boundary of the town and franchise to the point at which the same meets the boundary of the parish of St. John ; thence, westward, along the boundary of the parish of St. John to the point first described. 49.— COUNTY OF MONTGOMERY. MONTGOMERY DISTRICT. Llanfyllin. — From the southern extremity, on the north- west of the town, of the private road which leads from the Llangynog turnpike road to Bodfach Hall, along the said private road to the point at which the same is met by the boundary of the field Cae Evan Griffith ; thence, northward, along the boundary of the field Cae Evan Griffith to the point at which the same meets the boundary of the field Maes Ucha ; thence, eastward, along the boundary of the field Maes Ucha to the point at which the same meets the boundary of the field Cae-pella Bwlch-y-llan ; thence, north- ward, along the boundary of the field Cae-pella Bvvlch-y-llan to the point at which the same meets the Llangedwyn Road ; thence along the northern fences of the respective fields Cae D{j, Cae Main, and Cae Dd Mawr, and along the eastern fence of the field Cae Du Mawr, to the point at which the last-mentioned fence reaches the Derwlwyn Wood ; thence in a straight line across the Derwlwyn Wood to the northern extremity of the eastern fence of Glynie Isa tenement ; thence along the eastern fence of Glynie Isa tenement to the point at which the same meets the Brynelldyn Road ; thence along the Brynelldyn Road to the point at which the same 2 & 3 William IV. Cap. 64. 249 readies Green Hall Park ; thence, southward, along the boundary of the field Caer FrCm to the point at which the same meets the boundary of the field Caer Gwenithdir ; thence, southward, along the boundary of the field Caer Gwenithdir to the point at which the same meets the River Cain ; thence along the River Cain to the bridge called Pont- y-Derwlwyn ; thence along Pont-y-Derwlwyn Lane to the point at which the same meets the Bachie Road ; thence along the Bachie Road to the eastern corner of Garth Wood ; thence along the south-western fences of the fields Caer Garth and Cyfie Ucha, and of the wood Coed Pen-y-Garth, and, westward, along the southern fence of the field Cae Gwenith, to the point at which such southern fence cuts the occupation road to Pen-y-Garth Farm ; thence in a straight line to the eastern extremity of the southern fence of the field Llwyn Bricks ; thence, westward, along the boundary of the field Llwyn Bricks to the point at which the same meets the fence of the field Cae Bath; thence, westward, along the fence of the field Cae Bath to the point at which the same meets the Brook Abel ; thence along the Brook Abel to the point at which the same is met by the "western fence of the easternmost of the fields respectively called Lower Meadow ; thence along the western fence of the last-mentioned field to the point at which the same cuts the lane to Tynewydd ; thence, northward, along the boundary of the field Llwyn Hir to the point at which the same meets the boundary of the field Cae Mawr ; thence, northward, along the boundary of the field Cae Mawr to the point at which the same meets the boundary of the field Cae Bach ; thence, eastward, along the boundary of the field Cae Bach to the point at which the same meets the boundary of the field Upper Coed Llan ; thence, eastward, along the boundary of the field Uppe Coed Llan to the point at which the same meets the boundary of the field Lower Coed Llan ; thence, northward, along the boundary of the field Lower Coed Llan to the point at which the same meets the occupation road to Pen Coed Llan ; thence in a straight line to the point first described. Llanidloes. — From the point on the south-east of the town at which Cwm Jonathan rill crosses the Rhaydr Road, southward, along Cwm Jonathan rill, to the point at which the same is met by the hedge on the right hand which is nearest to the point at which Cwm Jonathan rill crosses the cart lane from Ty-coch to Llanidloes ; thence along the said hedge to the point at which the same meets the Ty-coch ^50 The Boundary Act, stream ; thence along the Ty-coch stream to the point at which the same reaches the Llangurig Road ; thence, north- ward, along the Llangurig Road to the point at which the same is cut by the nearest hedge on the left hand ; thence along the last-mentioned hedge to the point at which the same reaches a water-cut bank ; thence, southward, along the said water-cut bank to the point at which the same reaches a hedge running in the direction of the turnpike on the Pymlymon Road ; thence along the last-mentioned hedge to the point at which the same reaches the River Severn ; thence along the River Severn to the point at which the same is cut by a line drawn thereto in continuation of the direction of the hedge on the northern end of Pen-y-Green ; thence along the last-mentioned line, and along the hedge in continuation whereof it is drawn, to the point at which such hedge reaches the hedge of Mr. Price's wood ; thence in a straight line to the point at which the stream called Cefn Cummere Dingle meets the Pen-y- bank Road ; thence along the Cefn Cummere Dingle to the point at which the same joins the Cly wedog River ; thence, westward, along the boundary of the township of Cilmachallt, to the point at which the same meets a small watercourse which runs along the western hedge of Berth Lloyd coppice ; thence along the said watercourse to the point at which the same reaches the lane from Llanidloes to Gorn ; thence, westward, along the lane from Llanidloes to Gorn to the point at which the same reaches the hedge which runs along the eastern side of the Chapel House ; thence along the last- mentioned hedge to the point at which the same reaches Lletty-coch-y-nant brook ; thence, westward, along Lletty- coch-y-nant brook to the point at which the same is met on the left hand by a small stream ; thence along the last-men- tioned stream to the spring from which the same proceeds ; thence in a straight line to the nearest point in the road from Llanidloes to the barn Leasow ; thence, westward, along the road from Llanidloes to the barn Leasow to the point at which the same meets the boundary of the borough of Lla- nidloes ; thence, southward, along the borough of Llanidloes to the point at which the same meets Cwm Jonathan rill ; thence along Cwm Jonathan rill to the point first described. Machynlleth. — The township and liberties of Machyn- lleth ; and also that detached part of the township of Isygar- reg which adjoins the north-eastern boundary of the township and liberties of Machynlleth. 2 & 3 William IV. Cap. 64. 251 Montgomery. — The old borough of Montgomery. Newtown. — The parish of Newtown, and the respective townships of Hendidley and Gwestydd. Welshpool. — The parish of Pool, and the township of Gungrog Fechan in the parish of Guilsfield, except that part of the township of Cyfronnydd in the parish of Pool which is detached from the main body of such parish. 50.— COUNTY OF PEMBROKE. HAVERFORDWEST DISTRICT. Fishguard. — From the point at which the low-water mark would be cut by a straight line to be drawn thereto from the gate of the fort, through the eastern extremity of the southern wall of the fort, in a straight line to the gate of the fort ; thence in a straight line to the north-western corner of Parc- y-Morfa meadow ; thence along the western fence of Parc-y- Morfa meadow to the south-western corner thereof; thence in a straight line to the highest point of Parc-y-Morfa rock ; thence in a straight line to the north-western corner of the fence which divides the Glyn Amel property from the pro- perty of Mr. Vaughan ; thence, southward, along the said fence of the Glyn Amel property to the point at which the same meets the northern stream of the River Gwaine ; thence up the said stream to the point at which the same meets the boundary of the old borough : thence, eastward, along the boundary of the old borough to the point at which the same meets the low-water mark ; thence, eastward, along the low- water mark to the point first described. Haverfordwest. — From the point at which a straight line drawn from St. Thomas's Church to the gate at the north- eastern corner of the field called Hill Park cuts the boundary of the old borough, along such straight line to the said gate ; thence in a straight line to the gate which crosses the road leading to Scotch Well House ; thence along the last-men- tioned road to the point at which the same reaches Scotch Well House ; thence along the road which leads by Sandpool into the Cardigan Road to the north-eastern corner of Sand- pool ; thence in a straight line to the cottage of Philip White ; thence in a straight line to the left pier of the Weir on the River Cleddy ; thence along the River Cleddy to the point 252 The Boundary Act, at which the same would be cut by a straight line to be drawr from Prendergast Church to the gate leading from the lane on the north-east of Little Slade Farm into the paddock oJ Little Slade Farm ; thence in a straight line to the last-men- tioned gate ; thence in a straight line to the point at which the boundary of the old borough would be cut by a straight line to be drawn from the last-mentioned gate to the point at which the Poorfield Road (otherwise called Jury Lane) leaves the St. David's Road ; thence, westward, along the boundary of the old borough to the point first described. Narberth.— From the southern end of the Turnpike Gate House on the Redstone Road, westward, along the fence which abuts on the said house and is the northern boundary of a field of which George Harris is tenant and Mr. Thomas Eaton landlord, to the north-western corner of the said field ; thence in a straight line to the north-eastern corner of a field belonging to George Devonald, Esquire, and bounded on the south by the turnpike road to Haverfordwest ; thence along the private road which runs from the last-mentioned field to the point at which the said private road meets the said road to Haverfordwest ; thence in a straight line across the said road to Haverfordwest to the point at which the same is met by the western boundary of the Town Moor ; thence, south- ward, along the western and southern boundary of the Town Moor to the gate of a lane at the south-eastern corner thereof; thence along the said lane to the point at which the same meets the boundary of Narberth Churchyard ; thence, westward, along the boundary of Narberth Churchyard to the south-western corner thereof; thence in a straight line to the point at which the stream from Narberth Bridge would be cut by a straight line to be drawn from the point last de- scribed to the point at which the road from the parsonage meets the road from Pembroke ; thence up the said stream to the point at which the same is joined by the stream from Narberth Mill ; thence up the stream flowing from Narberth Mill to the south-western corner of the field of which Lewis Watkins is tenant and Baron Retzen is landlord ; thence, eastward, along the boundary of the last mentioned field to the point at which the same meets the southern boundary of the field belong to Mr. Henry Davies, in which there is a turnstile ; thence, eastward, along the southern boundary of the said field of Mr. Henry Davies, and the southern and eastern boundary of the adjoining field belonging to George Phillips, Esquire, to the point at which the eastern boundary 2 & 3 William IV. Cap. 64. 253 of the said field of George Phillips, Esquire, meets the occu- pation road leading to Blackalder ; thence, eastward, alons the occupation road to Blackalder to the point at which the same meets the south-eastern boundary of the easternmost of two contiguous fields of which Mrs. Evans is tenant and Daniel Thomas landlord ; thence along the boundary of the last-mentioned field to the point at which the same meets the Carmarthen Road; thence in a straight line across the Car- marthen Road to the south-eastern corner of the field belono-- mg to John Lewis ; thence along the eastern boundary Sf John Lewis s field to the point at which the same cuts the ^ardigan Road; thence in a straight line across the Cardigan Koad to the south-western corner of Jesse's Well House * thence m a straight line to the point at which the fence of the grounds attached to the house called Bloomfield's would be cut by a straight line to be drawn from the point last de- cribed tothe house called Bloomfield's; thence, westward, along the last-mentioned fence to the point at which the same cuts the Redstone Road; thence along the Redstone Road to the point first described. PEMBROKE DISTRICT. MiLFORD.— From the point at which Prix Pill falls into the sea, along Prix Pill, to the point at which the same is met by the lane coming down by Cwm, and sometimes called Cwm Lane : thence along Cwm Lane to the point at which the same meets the road from Haverfordwest; thence alono- the road from Haverfordwest to the point at which the sam? IS met by Priory Lane ; thence along Priory Lane to the point at which the same meets, on the left, a road sometimes called the New Road ; thence along the New Road to the point at which the same meets a lane sometimes called White Lady s Lane, leading to a field north of the brewery, some- times called Haggard Field; thence along White Lady's Lane to the point at which the same is cut by the fence of Haggard Field ; thence, northward, along the fence of Hag- gard Field to the north-western corner thereof; thence in a straight line in the direction of the northern fence of Haggard leld to Priory Pill ; thence in a straight line to the White ^Varehouse standing at the head of the Rope Walk in Hub- Derstone Parish ; thence along Spike Lane which proceeds rom the said White Warehouse to the point at which the jame meets Conjwick Lane ; thence along Conjwick Lane to he point at which the same meets the lane which was lately 254 The Boundary Act, part of Point Field; thence along the lane lately part of Point Field to the point at which the same ends on the com- mon ; thence in a straight line through the westernmost point of the fort to the sea coast ; thence along the sea coast to the point first described. Pembroke. — The respective parishes of St. Mary and St. Michael, and also the space comprised within the boundary hereafter described (together with all such parts, if any, of the old borough of Pembroke as lie without the said boun- dary) : From the point on the south-west of the town at which the brook called the Taylor's Lake meets the boundary of the parish of St. Mary, northward, along the said brook, to the point at which the same joins the Pill near Quoit's Mill ; thence along the said Pill to the point at which the same meets the boundary of the parish of St. Mary ; thence, east- ward, along the boundary of the parish of St. Mary to the point first described. Tenby. — The In-Liberty of Tenby. WisTON. — The old borough of Wiston. 51.— COUNTY OF RADNOR. RADNOR DISTRICT. Cefn Llys. — The old borough of Cefn Llys. Knighton.— The old borough of Knighton. Knucklas. — The old borough of Knucklas. Presteign. — The ancient lordship, manor, and borough i of Presteign, together with such parts, if any, of the township of Presteign, and of the chapelry of Discoyd, as are without the ancient lordship, manor, and borough of Presteign ; and also the space included within the following boundary ; (that ; is to say,) , *| From the point on the north of the town at which Norton !i Brook falls into the River Lug, in a straight line to the point at which the road to Wigmore and Ludlow is met by the road to Kinsham Village ; thence in a straight line to the point at i 2 & 3 William IV. Cap. 64. 255 which the right-hand branch of the Clatter Brook falls into the River Lug; thence along the River Lug to the point first described. New Radnor. — The old borough of New Radnor. Rhaydrgwy. — From the point at which the boundary of the old borough would be cut by a straight line to be drawn from Rhadyr Church to the bridge over the Gwynllin Brook on the new road to Aberystwith, in a straight line to the said bridge ; thence along the Gwynllin Brook to the Weir or dam head ; thence along the southern bank of the mill dam to the point at which the same is cut by the eastern fence of Gwynllin lain Field ; thence, southward, along the eastern fence of Gwynllin lain Field to the gate leading into the yard of the Grist Mill and woollen manufactory belong- ing to David Evans ; thence along the road which crosses the said yard to another gate at the south-eastern corner thereof; thence in a straight line to the north-eastern corner of the farmhouse called Ty-Newidd or New House ; thence in a straight line to the point at which the boundary of the old borough would be cut by a straight line to be drawn from the New House to the bridge over the River Wye ; thence, southward, along the boundary of the old borough to the point first described. INDEX OF PRINCIPAL MATTERS. For particular Counties, Borouglis and Places, &c. see Index LOCORUM. The Numerals refer to the pages of the Statute, the Figures to the Commentary, A (Schedule), Ixx— 3, 4. [Boroughs disfranchised.] Enactments effecting disfrancliisement, i, ii — 3, 4. Abjuration (Oath). See Oaths. Abode {of Voter), [Place of, must be accurately described and stated], In notice to Overseers, Town Clerks, &c. of claim to insertion in Lists of Voters, xxv, xxvi, xxxv, xxx^'i — 26, 52, 55, 57. Omission of, from lists of voters, may be supplied by re- vising barrister as a corrected mistake, xxxi — 85. If changed after registry it forms an objection to voting, xxv— 72, 73, 84. (o/ Objectors to Voters). Must be stated in notice of objection, xxxvi, xxxviii — 59, 61, 62, 63. Notice of objection to county elector, if not served person- ally, or delivered to his tenant, must be served at voter's place of abode, as described in List, xxviii — 60. o2 55S Abode of Voter — Adjudication, Abode {of Voter). — {Continued.) Notice of, in London^ at the usual place of abode of party, xxxviii — 63. must state place of abode of objector, xxviii, xxxvi, xxx\-ii— 59, 60, 61, 73. See Residence. Abstract, of statements of persons objected to, to be made by clerk of peace for revising barrister to direct his holding of Courts, xxix — 35. Accounts {of Officers). Provision for, xxvi, xlvii, xlviii— 32. Acts {of Parties). Necessary to procure enlistment as electors, by overseers^ by insertion of name in the lists of voters. To institute and prosecute claim of insertion in lists. See Claim. ■ To object to claims. See objecting to Claims. To be registered, having been omitted from lists of voters. See Registration. Action {against Sheriffs, Returning Officers, and others neg- lecting duties imposed by the Act.) Given by penal clause, Ixi, Ixii — 76, 180. To parties aggrieved only, Ixii — 180. Adjournment {of Courts ofRevisal). See Courts of Revisal. {of Poll). On account of obstruction by ^^olence. See Polling. Adjudication {of Rights of Voters by Revising Barristers). Grounds, mode, process, and result of, 83 to 85. Advertisement— Assessed Taxes, 559 At>VERTisEMENT (of Courts and Circuits). See Courts of Revisal. Of revising barristers for county lists, xxx — 80. See Courts of Revisal — Notice. Age, Of voters and candidates. See Disqualification, Aliens. See Disqualijication, Allegiance {Oath of). See Oaths. Alms (Receipt of). See Disqualification. Annuity {charged on or issuing out of land.) As qualification to vote for county, 13. Must be registered for twelve months if title accrued after 1st June, 1763, 13. If since, certificate of date of grant must be re- gistered for same time, 13. Appeal {from adjudication of Revising Barristers.) See Petition. from omission by overseers in county lists. See Revising Barrister. Appointment {by Judges). Of revising barristers, xxix, xxxix — 77, 78. (% Sheriff-). Of persons to be temporary returning officers for boroughs, vii — 122. Of temporary deputies to preside at polls, liii — 107. Assessed Taxes. Payment of, necessary to registration of qua- lification to vote for boroughs, xvi — 20. 5()0 Assessment — Birth. Assessment {to Poors Hate). Necessary to vote in respect of 10/. qualification in boroughs, xvii — 56. Voter may demand to be rated to, xvii — 56. Attornies. Whether permitted to attend parties before revising barristers at Courts of Revisal of Lists— doubted, 89, 92. Authenticating Lists (corrected bt/ Barristers). See Revising Barristers. B. {Schedule), ii, Ixxi. Enumeration of boroughs in future to return only one member to parliament, Ixx. Clause respecting, ii — 3, 4. Barristers {^for revising Lists of Voters). Appointment of. By whom, at what time, xxix — 78. And on what occasion to be made, xxix, xxxix — 78, 79. [Duties of]. To hold courts for the business of their office : To advertise and give notice of circuits : and holding courts for revisal of lists of voters. See Courts of Revisal. Remuneration and reimbursement of, Ixviii— 79 : [Business and duties of, in courts of revisal.] See Courts of Revisal — Revising Banister. Benefice {Title by promotion to, except from necessity/ of residence to qualify.) See Qualification. Birth {freedom by virtue of). See Qualification — Boroughs. Books — Candidates, 561 Book {of names of Voters). See Register. of rates. To be produced before revising barristers, xliii — 82. for checking poll clerks. See Checque Book. Booths (Erecting). Provisions respecting, Ixii, Ixiii — 107. See Polling. Boroughs. Extent and boundaries of. See Boundary/ Act. Meaning of word as used throughout, Ixiii. Distance from as to residence. See Qualification. To return two members. See Schedule C. To return one. See Schedule D. Qualification for voters in. See Qualification. Boundaries. See Boundary Act. Bribery. Disqualification of voters and members. Oath negativing. When and by whom, how and where administered. See Polling. Building. See Qualification (new) Borough. C. Schedule, iii, Ixxi — 2, 3. Candidates. See Qualification of, and Disqualification of. 562 Candidates — Ciff/ of London, Candidates — (continued). May require three questions to be put to voters, 117. Petition. See Petition. Certificate (of Giant of Title to Annuity having accrued he- fore 1st June, 1763, being lodged with Clerk of Peace,) 13. Cestui Que Trust. See Qualification. Charges. Diminishing value of estate, what are, 12. what are not, xiii — 12. Checque Books. To be provided for compartments, 108. Checque Clerks. To be appointed by returning officers for boroughs, 108. Churchwardens. Within words " Overseers of the Poor," 24. Not to be appointed returning officers, vii — 24. Church. No nomination of candidates to be in, 108. Rate. See Rate. Cinque Ports. Returning officer for, allowed six days for delivery of precepts, 113. Circuit (of Revising Barristers). See Courts of Revisal. Cities and Towns being Counties. Qualifications for, 13 to 24. Provisions respecting, x, xviii, xix, xxii. Cities and Boroughs. See Qualification. City of London. See London. Claims {instituting) — Clerk, Town, ^^^ Claims {instituting). [To be inserted in lists of voters for counties.] Notice of claim to be transmitted to overseers, first step, XXV — 51, 52. Form of, 52. Service of, 52. Payment thereon of one shilling to overseers, xlvii— 52, 53. (prosecuting). Proof of notice of claim and pa3niient of one shilling at Court of Revisal, 54, 83, 87. Proof in support of claim or qualification, ih. [To be inserted in registers.] See Registration. (For Boroughs.) Notice to overseers or town clerk, xxxv — 55 Forms of, 55, 57. To be rated and to pay arrears of dues for the relief of the poor, xvii — 55, 56. To pay up arrears of assesed taxes in respect of new qualifi- cation, xvi — 20. Clerk of Peace. [Duties of.] To receive the county lists of voters and statements of numbers of persons objected to, from the high constable of hundreds, xxix — 33. To abstract the statements for transmission to revising barrister, xxix — 81, 82. To receive, file, and preserve with the records of liis ofiice, the appointments by sheriffs of temporary returning oflfi- cers, vii. To receive revised lists from barristers and transcribe them in books as directed, S. 54— xlv— 94, 95. To dehver the books to the sheriffs, xlv — 95. To print copies for sale, xl\d — 96. To keep the original lists among the sessions records* xlv— 94. ■ OF Poll. See Poll Clerks. Clerk, Town. See Town Clerks. o5 564 Clerks of Livery Companies— Counsel. Clerks of Livery Companies Duties of, xxxvii— -47, 48. Closing Poll. See Polling. Commencement of. See Polling. Commissioners. For administering oaths, 117. Committee of House of Commons. See Petition. Compartments (of Booths), Iv— 108. Constables of Hundreds. Duty of, xxviii— 82. Continuance Of election. See Polling. Construction (of Terms). Sect. Ixxix. Contravening Statute. See Action. Contributory Boroughs, v, vi— 118, 119. Copyholds. See Qualification (Counties.) Copyholders. Now entitled to vote. See Qualification (Counties). Copies of Lists of Voters. When, by whom, and why to be furnished. See Overseers — Town Clerk. OF Registers. See Registers. Correcting Mistakes in Lists. See Revising Barrister. Counsel. Not allowed to attend parties before revising bar- rister, xhii— 89. Meaning and application of the enactment, 89—92. Counties — Courts (for Revisal of Lists, Sfc.) 565 Counties. (At large.) See Index of Names of Places. Divided, ib. Counting House. See Qualification — Boroughs. Courts (for Revisal of Lists of Voters.) [The Count}/ Courts of Revisal.] Duty of Revising Barrister in appointing and publishing the time of holding. To advertise in country papers, and post public notice on the principal place of election for the county, &c. of being about to make a circuit of the county, xxix — 80. The latter notice to be given (i. e. to be fixed up) three days at least before the commencement of the circuit, ib. To announce in a similar manner the several times and places of holding courts, ib. Courts to be appointed and holden at certain times be- tween the 15th of September and 25th of October in- clusive, ib. Courts to be open Courts, ib. Courts to be holden separately by each of the barristei-s appointed for the same counties, ib. — 81. Each barrister to attend and hold court at the same time and place, 81. Business of the County Courts of Revisal, xxx to xxxii — 81 to 87. See Revising Barrister. [Borough Courts (for Revisal of Lists). ^ Sections of the statute providing for, 49, 50, 51, 52, 53, xxxix, xl, xlii, xliii, xliv. — 79, 80. Notice of holding Borough Courts is published by affixing the statement of days appointed for the holding on the doors of the churches or chapels in the borough; or if none, in some public place within the borough, xl. — 87. 566 Courts J §•€. — Disqualification of Electors. Courts (For Revisal), &c. — (continued.) Adjournment of all the Courts, xliii — 88. See Barristers — Claims — Objections^— Over- seers — Registration. Business of Borough Courts, xl. to xliii.— 81 to 88. County Court (special, for electing members), 106. Customs. Offices in, disqualify. D, (ScHED.) iv, Ixxi. Declaration. Of state of poll of members chosen. See Polling — Proclamation. Deputies ( of returning officers presiding at polls). Sheriffs and returning officer empowered to appoint for polhng at elections. Powers and duties of. See Polling — Returning Officer. Remuneration of, lix. Descent. Title by and effect o£ See Qualification. Directions, (official, to overseers as to framing Lists, Sfc.) 27 to 48. Disfranchisement. Boroughs disfranchised. See Sched A. and B. Disqualification (of electors). Alien birth, 68. Alms (receiving). Bribery, conviction of. British peerage. Conviction of perjury and subornation ; of infamous of* fences, 67. Disqualification^ SfC, 567 Disqualification (of electors). Customs (office and employment in) 69. Excise (office and employment in), 69. Employment by candidates at elections, 71. Female sex. House duties (offices for collection of), 70. Idiocy, 67. Insanity. Lunacy, 68. Nonage, Q9. Omission from registry for two years, Q7. Police (officers of) 71 . Post office (certain officers of), 70. packets, employment in, 70. [There are several incidental disqualifications, which are collected and enumerated in pp. 78, 79,] • (of candidates or sitting members). (As above.) [There are some special disqualifications, which are stated below.] Disqualification {of Members,) 99 to 103. {Candidates.) Appointment as revising barrister, 103. of assistant barrister in Ireland, 104. of surveyor-general of the King's works ib. as architect to superintend works by Lord Lieutenant, ib. Commission for Woods and Forests (except one being already a member,) 104. Commission for auditing public accounts, 104. Government (or office of deputy-governor) of any settlement of East India Company during office. Dignity of Lord Chancellor, Master of the Rolls, of one of Twelve Judges, and Masters in Chancery in Ireland, 104. Contract, agreement, or commission with, under, or from the Commissioners of Treasury, Navy, or Victalling Offices, Attorney-General, or Board of 568 Disqualification, S^c. — Entry of Voters. Disqualification (of Members) — {continued.) Ordnance, or any person or persons for or on ac- count of public service, 104. {^Exceptions, ih.'] New office or place of profit under the crown since the 25th October, 1705, 105. Office or place of profit by nomination of any mem- ber of government of Ireland, ib. Being of government, direction, or management, or body of Bank of England, ib. Pension from crown during pleasure, ib. Office of sheriff (generally), ib. Distance {from Boroughs). As to residence. See Residence. Districts {for Polling). See Polling Districts. Division {of Counties). See Index of' Names of Places. {of Subject-matter of Treatise,) 4 to 8. Election. Proceedings preparatory to. See Preliminaries. Course of and proceedings during. See Polling. Elective Franchise, or electoral title and rights, 1, 2. Electors ( Titles and Rights of). Claims — objections. See Qualification — Registration — Petition. Enfranchisement {of Places not before i^epresented). Enactment enfranchising, 11, 111. Schedules C and D. Entry {of Voters in Poll-Books,) 109. Form of, 110. Of tendered votes by persons not in the register, ii. — 109. Foundation of petitions. See Petitions. Equitable Estate. — Expunging Names, S^c, 569 Equitable Estate. See Qualification (Counties). Equity of Redemption. See Qualification (Counties). Estate. What necessarj' to confer the right of voting. See Qualification (Counties). To enable members to sit in ParHament. See Qualification (of Members). Evidence. Before revising barrister, 87, 89. Before select committee, 137. Exceptions. To right of voting by reason of old qualification (in bo- roughs), xxi. In counties, xi. To disqualifications for voting, xii. for sitting. See Disqualification. Excise. Officers of and persons employed in collecting, &c. See Disqualification. Exemption. From office of returning officr, vii. (Proviso). See Returning Officers. Excluding Clauses. — xxiv, xxv, xxvi. Exclusion (from Register). From voting at time of polling, Grounds of. From claim of insertion in lists. Unsatisfactory answer to either of the three questions to be put under the 58th sect. Refusal to take any oath required by law, i. — 114. Expenses (of Officers, Sfc. how to be defrayed.) Sect. Ivi. Expunging (Names from Lists of Voters). See Revising Barristers. 570 Extra-Parochial Places — hiitials, %c, Extra-Parochial Places. Provisions for. Sect. 48, (proviso at end). Freedom. See Borough Qualification. Freeholds. See County Qualification. Freeman. See Qualification — Boroughs. H. Schedule, Ixxv. House of Commons. See Petitions. House. See Qualification — Boroughs. Householder. See Qualification — Boroughs. Hundred (Constable of). To receive lists of voters, and statements of numbers of persons objected to from overseers, xxviii. — 82. To deliver such lists forthwith to clerks of peace, xxix. — 83. I. Schedule, Ixxviii. Identity (of Voters). Incapacities. See Disqualifications. Incompetencies. See Disqualification — Oaths. Indictment. See Misdemeanor — Perjury. Initials (of Barrister's name.) (to be put to corrections in lists), 84. Inhabitancy — Liveryman. 571 Inhabitancy, xix. — 23, 85. See Old Boroughs Qualification. Interpreting Clause, Ixxxix. Insertion in Lists. See Claim — Objections — Overseers — Register — Revis- ing Barrister. Inspector (of Poll Clerks), 107. Joint Occupancy. See Qualification. Jurisdiction. of revising barrister. See Revising Barrister. of sheriff and deputies. See Returning Officers. K. Schedule, Ixxxii.— 47, 48, 56, 63. Knights of Shires. See Qualification — Disqualification. L. Schedule, Ixvii. Ixxxiv. Land. See Qualification — Boroughs. Landlord. See Rate. Land-Tax. Assessment to, no longer necessary to qualify, xiii. Laws (of Election). Existing at passing of Act to be still in force, Ixii. Leaseholds. See Qualification. Lists (of Voters). To contain the names, &c. of all persons duly claiming to be inserted therein, xxvi — 26 ; xxxiii — 35 to 37. See Claims — Notice — Overseers — Revising Barrister (o/* Objectors). See Objecting to Voters. Liveryman (London). See London. 572 hiverymen {London) — Naturalisation. Liverymen (London). See London. London. Framing London lists of liverymen, xxxvii. to xxxix. — 47, 48. Claiming insertion in, xxxviii. — 56. Objecting to names in lists, xxxviii. — 63. Polling-booths not to be provided for London, xxxix. — 114. Lunacy. Incompetency, 68. Marriage. Title by. Excepting, effect of. See Qualification. Members (of House of Commons). See Candidates — Qualification — Disqualification. Minors. Incompetent to vote. to be elected. See Qualification. Mortgagor. Title of (in possession). See Qualification. Mortgagee. Title of (in possession). See Qualification. Misdemeanor (indictable). Answering falsely the three questions or either of them, xUx.— 117. Misnomers. provided for by sect. 79. Mistakes (in Lsit of Voters). may be corrected at courts of revisal See Revising Barristers. Names (of Voters). See Register. Naturalization. See Qualification. Nomination — Objecting {to Voters), 573 Nomination. of revising barrister. See Barrister. of candidates. See Polling. NON OBSTANTE CLAUSES, SS. XXiv. XXV. XXvi. Notice. Required to be given by overseers as to preparing lists of county voters. See Overseers. By claimants. See Claim. By objectors. See Objecting. To be given by revising barrister of being about to make their circuit of the county, stating the times and places of holding courts, xxix. — 80, 81. Of adjourning polls in case of open violence, obstruct- ing polhng, Ivii. — 119. By returning officer, of situation and appropriation of booths and divisions or compartments, Iv. — 114. By persons omitted from livery lists claiming to be in- serted, xxxviii. — 56. [Of expunging names.] No persons' names (ijf living) to be expimged from lists, if properly described, without notice to party, xxxii. xlii. — 85, 88. Service of. See Claims — Objecting to Voters. By returning officer. See Returning Officer. Oaths. The oaths to be put as to the three questions prescribed by sect. 48, 1.— 114. Form of, 1. against bribery, 1. Other oaths, 114 to 119. Objecting (to Voters). By overseers. See Overseers. By voters or claimants. 574 Objecting, ^c—Occvpation, Objecting {to Voters). Counties. Title to object, 58, 59. Ground, and nature and substance, of objection, 59. how supported, 83 to 85, 89. Notice of objection. must be given to overseers, who made out the list of voters, 59^ Form of, 59, 65. Service of, 59. to parties objected to, 60. Form of, 60. Service of, 59, 60. Time for objecting, 59. Objecting by, and to City and Borough voters. Title to object, 61, 64. Nature and subject of objection, 61, 64. Time for objecting, 61. Notice of objection, 61, 63, 65. Form of, 61, 64, 65. Service of, 61. To whom to be given, 61, 62. In London, 64. List of objections to voters, how and when to be pub- lished, 60, 62, 63. Forms of, 60, 62, 63. Overseers' hst, 60. Town clerks' list, 62. London lists, 62, 63. Occupation. What is, 13. When and where necessary to qualification. See Qualijication — Borough. Joint. Successive. See Qualijication — Borough. Office — Overseers. 575 Office. under crown disqualifies for revising barristers, xxx. —79. where a disqualification. See Disqualification. Omissions of names from lists. of matter of description. of names from register. See Revising Barrister. Provision in case of persons whose names are omitted from register in consequence of decision of revising barrister, 1. — 109. Overseers. Description of ofiicer. All persons acting as such by office or appointment, Ixiii.— 24. Privileges of. Exempt from appointment of returning officer for new boroughs, vii. Duties of in counties (or shires). Making lists of voters. To prepare and make lists of voters in their respec- tive parishes, xxv. — 24, 29. Contents of lists. See Lists of Voters. To post and pubhsh notice of the time of making such lists, demanding thereby that claims be sent in directing the nature of notice of claim, con- tents, and the consequences of omission, xxv. — 25,30,31. Form of, Ixxv. — 25. To make a list of claimants from such notices sent in, xxiv. xxv.— 26, 29, 31. The lists to be completed by the last day of July, xxvi. — 31. Lists to be signed by overseers, xxvi. — 30. To procure li-^ts to be printed, and copies to be kept for sale and for inspection, 32. Lists to be published by posting on church or chapel doors, ur, where none, some public place, 34. 576 Overseers — Perjury, O V E RSEE R8— (continued) . To make from notices of objecting lists of per objected to; 33, 40, 62. To keep copies of either list for public inspection and sale, 31, 32, 33. To cause them to be published at certain days and places, 32, 33. To deliver their county list with statement of num- ber of persons objected to, to high constable of hundreds, xxviii. — 33. Duties of, at revising barristers' courts of revisal of lists, XXX. xl. xliii.— 33, 41, 82, 88. To attend the court and deliver copy of objected persons, xxx. — 33, 81. To answer interrogatories on oath, xxxiii — 33. Overseers ha\'ing custody of the rate- book to pro- duce it before barrister, 34. To accoimt for monies received, 41, 44. Duties of overseers in city and boroughs. These are set forth in order, plainly and perspicu- ously, in sect, 2, chap. 5, p. 35 to 40. General provision respecting overseers. Overseers of parishes and the least populous ad- joining places where there are no overseers, to take the duties for such adjacent places, xxvii. — 34, 46. Powers of overseers. To object to names of voters in county lists, xxvi. — 24, 27. To inspect tax assessments, 46, 31. Remuneration and reimbursement of, Ivi. Owner. Of qualifying property. See Qualification. Penal Clauses. Sections 58, 76. JPerjurt. Wilful false swearing to be deemed and punishable as perjury, xhii — 88. Poll Clerks— Police. 5T7 Poll Clerks. Duties of. To take and enter votes, liii— 108. To distinguish the votes of registered persons from the tenders of persons not registered. To enclose and seal their poll-books at close of each day' poll, and so deliver them to returning offic r, or deput presiding, lii. — 107. Remuneration of, Ixix. Polling (for Counties). Districts for, liii— 107. A reasonable number of polling booths to be provided by the returning officers at joint expense of candidates, or persons proposing candidates without their authority', liii— 108. Booths to be assigned to parishes, Iv — 108. Voters to poll at the assigned booth of their respective parishes, liii — 109. All votes tendered and received (if the due oaths are taken) must be entered by the poll clerks, the presiding officer distinguishing those registered from those not registered, 1 — 109. Generally, 116 to 119. Commencement, continuance, and close of each day's poll, m— 118, 119. Adjournment of poll, Ivii — 119. Administering oaths, 116. Closing poll first day, liii, Ivi — 119. Second day (final), liii, Ivi, 120. May still be closed before the second day where by law it might before the Act, Ivii — 119. (for Boroughs), liv. to lix— 112 to 116. Polling Places. Boundary Act, 180 to 191. Petition. To House of Commons against election or return, 121 to 135. . Police. Officers of, disqualified to vote. See Disqualification (Voters). 278 Possession, — Qualification, Possession. What is, 13. When and for what time necessary to registration. Post Office, Office or employment in, disquaHfies. See Disqualification. POTWALLER. A horough qualification temporary and personal, 23. Precepts for Election. When to be issued. See Returning Officer. Preliminary Proceedings (for General Election), 106, 107. Proclamation (bi/ Returning Officer). Of place and time of election for counties, 1. — 106. Of members elected. Of days fixed for election of knights of shires for divisions of counties to be made by sheriffs of counties, li. — 61. Publication. Of lists of voters. objectors. See Overseers. QUALIFICATION (of Voters.) (By estate for counties.) The qualifications for counties (i. e. shires) have already been synoptically classified and arranged in the 1st sect, of the 3d chapter of the Commentary. They are here arranged alphabetically. Assignments (of, terms and residences,) Nos. 12, 14, 16 — xii— 15, 16, 17. Assignment of, Nos. 14, 11 — ib. Copyholds. Of estate in annual quantity and value of, with the ne- cessary incidents positive and negative, xi. xii — No. xi, xii — 10, 14. Equitable estate in property with possession and enjoy- ment, ib. Qualification. S79 Qualification— (confinMcJ). Equity of Redemption. Where mortgagor is in possession. Freeholds (of inheritance). Necessary value and positive and negative incidents of, Nos. 1, 2—12, 13. O^ llf^)i X.— Nos. 2 to 9—13, 14. Other tenures, Nos. 2 to 9, 11 to 18. Leasehold terms, xii. — Nos. 15 to 1. Legal estate in trust property, in beneficial possession, ih. Mortgage where mortgagee is in possession, ih. Sub-lease of term, Nos. 13, 17, ib. Tenancy with occupation, xii. — Nos. 19, 17. Trust estate, in possession and enjoyment, xiii — 17. for cities and towns being counties, x, xviii. See Chap. 3. Sect. 2— xix— 18, 19. See Qualification — Borough — Newly conferred. Burgage Tenement, xviii, xix — 18, 19. Incidents of, ib. Freeholds, xviii — 18. Incidents of, xviii, xix — 18, 19. - For cities corporate, and boroughs, xxi. — 20 to 23, [newly conferred.] Occupation as owner or comptroUing tenant of habitable or business premises in the borough (&c.), of the yearly value of 10/. xv--20. Incidents of, xv, xvi — 20. Joint occupation, xvii — 21. Successive occupation, xxii. — 21. [Old qualification (permanent.)] Freedom by birth, xix, xx — 21, 22. Incidents of, ib. By ser\'itude, xix, xx — 22. Incidents of, ib. 280 Qualification — Register of Voters, Qualification — (continued). [Old qualifications personal and temporary.] Inhabitancy or permanent dwelling and abiding in town, xxii.— 23. Condition of potwaller, ib. Inhabitancy and house-holding, ih. Inhabitancy and scot-paying, and lot-bearing, ih. Freeholds by descent and between 1st of March, 1831, and 7th June, 1832, ih. Questions. To be put to electors at poll if required, xliv. — 116. No other questions to be put, 1. — 116. Rates, xiii. Poor, xvi, xvii — 73. assessment to. necessary to qualification, xvi. — 20. but landlord still hable if not paid where payment of assessed, xviii. Church, not a charge diminishing value or qualification, xiii.— 12. County, ditto, ih. Records. See Clerk of Peace — Register. Rent. See Qualification (counties) — Leaseholds. Charge- See Annuity, (same incidents applying). REGISTER (of voters) in election of Knights of Shires), is, The book of names of voters taken from the lists cor- rected by revising barristers, and deposited with clerk of peace, and to be transcribed by him, xlv. Sheriff of county to have custody of, xlv. — 96. Transcript of, to be made annually by overseers on or before last day of July as a List of Registered Voters for the time being, xlv. — 95, et seq. Copies to be kept, xlvi. — 97. to be written or printed by clerks of peace for public sale, xlvi. Correctness of register may be impeached upon petition Register, 8^c, — Returning Officers. 281 Register — {continued.) to House of Commons complaining of return at elec- tion, li.— 125 to 141. See Exclusion — Petition, ^c. REGISTRATION of Voters. Necessity of, in all cases of claim of right of voting. Indispensable to qualification, xvi. xviii. xxv. — 2, 49, 50. Acts (by parties) necessary to procure themselves to be registered as voters for counties, 51 to 55. — — — . FOR Boroughs, 55 to 56. London, 56, 57. See Claim — Clerks of Peace — Courts of Revisal — Objecting to Claims — Qua- lification — Returning Officers — Revis- ing Barristers. Relief {Parish). See Disqualification. Reimbursement. Of officers. See Official Appellation. Remuneration. Of officers. See Official Appellation. Reserved Rights. See Right of Voting. Residence. Necessary to registration in boroughs. See Qualification. to qualify for temporary returning officer, xii. See Abode. Return {to Writ of Election). Of elected members, 123, 124, Returning Officers. Are so by office or appointment, 121. Sheriffs and deputies, counties (shires), and county towns, 121. Other returning officers for boroughs and cities corporate, 122. p 2 282 Returning Officers — RevisingBarrister. Returning Officers — {continued). Duties of. To execute writs and precepts for elections, 122. To issue precepts, 121. To return writs and precepts, 122 to 124. To erect booths, preside at polls, administer oaths, &c. &c. 108 to 120. See Foiling. Expenses of, how to be defrayed, xlvii. Revenue. Certain officers of, disqualified. See Disqualification. Revisal of Lists {Court of). See Court of Revisal. REVISING BARRISTER. See Barrister — Claims — Clerk of Peace — Courts of Revisal — Objecting to Claims — Overseers — Regis- ter — Returning Officers. Duties and business of at courts of revisal. As to county lists. To perfect lists by adjudication of claims and objections, 77. To make circuits, xxix. — 80, 81. To fix, advertise, and hold courts, xxix. xxx. — 81, 82. To examine overseers on oath, xxx. — 82. To determine cases of objection, xxxi. — 83, 84, 85. To correct mistakes in and supply omissions of statements, so as to amend imperfect insertions, xxxi.— 85, 86. To adjudicate on claims of persons omitted from lists, xxxi. xxxii. — 86, 87. As to borough lists. To insert omitted names of persons entitled to be inserted on last day of July, xH. — 87. To retain names properly inserted or unsuccessfully op- posed, xli.— 85, 87, 88. To expunge or strike out names not to be retained, xli. — 85 to 88. To continue omission of names not inserted on failure of proof of right to insertion, proviso xlii. — 83, 84. Revising Barrister— Stamp Duties. 283 Revising Barrister — (continued). To affix the initials of his name in the margin against each insertion or cancel of a name, and each correction in the lists, xliv. — 87. To sign each page of the settled lists when so perfected and corrected, xliv. — 94. To transmit settled coimty Ksts to clerks of peace, xliv. — 84. To deliver borough lists to returning officers, xlv. — 94. Remuneration and reimbursement of, Iviii. Right of Voting. See Qualification — Registration. Saving. of existing rights, xi. xix. — 12, 13 — 21, 23. of existing election laws, Ixii. Schedules A. B. &c. Ixx. to Ixxxiv. Scot and Lot Voters. right reserved. See Qualification — Boroughs. Scrutiny. right of demanding, extinguished, 1. — 93, 116. Service (of Notices). how effected, 25, 52, 59, 59, 61, 63. Servitude. freedom obtained through. See Qualification — Boroughs. Sharing in Election of Representative. Places sharing right of returning. See Index Locorum. Sheriff. See Returning Officer. Shire. See Index Locorum — Polling. Shop. See Qualification — Boroughs. Signing Lists of Voters. Revised and perfected by barrister made necessary, xiiii. —92. Stamp Duties. See Disqualification. ^84. State of Poll — Times, State of Poll. when and how to be declared. See PoU'mg. Sub-lease, See Qualification. Succession. title by. exempts from. Taxes (assessed). payment of, a condition of registration, xvi. — 20, 56, Tenant. See Qualification. Tender (of Vote). See Polling. Tenure. See Qualification. Times (or dates of Duties) — Appointed by the statute for per- formance of acts of duty by officers. June 20. — Notice to be published by overseers of preparing Lists of Electors, xxv, xxvi — 25. July 31. — Lists of claimants to be made. Two Sundays following.- — Lists to be published by fixing copies on or near the church doors. Two first weeks after lists made. — Copies in custody of over- seers may be inspected. Jidy and August. — Revising Barristers to be appointed, xxxix — 78. Lists of county voters and statements of persons objected to, to be delivered up by overseers to high constables of hundreds, xxviii — 33, 82. Two Sundays before 15 th Sept. — Copies of Lists of persons oljjected to, to be made and published, xxvi. Ten days before the 15th Sept. — Copy of names of persons objected to in custody of overseers to be in- spected at all reasonable hours, xxvii — 33. 13th Sept. to 23d Oct. — Courts of Revising Barristers to be held during the interval of these days pur- suant to pubUc notice. Times, S^c. — Witnesses. 285 Times, &c. {Continued.) August 30th or forthwith after 29th.— High Constable to deliver lists of voters and statements of per- sons objected to, received from overseers by clerks of peace, xxix — 35. Clerks of Peace to make and deliver abstracts of statements of persons objected to, to be transmitted to revising barristers, ib. (For acts of parties to obtain or prevent re- gistration.) Juli/ 20th. — Notice of claim to be given on or before, xxvi. XXXV. — 52, 56, 66. Payment of one shilling to overseers. August 25th. — Notice of objection to be given on or before, xxvii, xxviii, xxxv.— 59, 61, 65. Town Clerk, xxxiv. xxxvi. xl. xli. duties of, 37, 47, 62, 63. See also Overseers, Trustee. See Qualification. Under-lease. See Qualification. Universities. Provision excepting, Ixii. — 138. Value. of qualification for voters. for members. See Qualification. Warehouse. See Qualification — Boroughs, Writ of Election, Ixii. — 106. Return of, 141 to 124. Witnesses. Power of revising barrister to administer oath or affirma- tion to, xliii. Persons falsely swearing punishable as for perjury, xliii. —38. ( 287 ) INDEX LOCORUM. Abeeavon, sec. 10, p. vi. sec. 74, p. Ixi. sched. E. (2.) — Bound. Act, 168, 246. Aberystwith, sec. 8, sched. E. sched. E. (2.) — Bound. Act, 241, Adpar, sec. 8, sched. E.— Bound. Act, 241, sched. E. (2.) Ainsty and York, sec, 17, sched. G. Aldeburgh, sec. 1, sched. A. Aldborouglj, sec. 1, sched. A. Allerton (North), sec. 2, sched. B. Aralwch, sec. 8 and 9, sched. E. Arnershara, sec. 1, sched. A. Appleby, sec. 1, sched. A. Arundel, sec. 2, sched. B. — Bound. Act, 227. Ashburton, sec. 2, sched. B. — Bound. Act, 199. Ashton-under-Lyne, sec. 4, sched. D. See also sched. L. — Bound. Act, 211. Aylesbury, sec. 5. — Bound. Act, 164 — 166, 167. B. Bangor, sec. 8, sched. E. — Bound. Act, 242. Beaumaris, sec. 8, sched. E. — Bound. Act, 239. Beeralston, sec. 1. sched. A. Bedwin, sec. 1, sched. A. Berkshire, sec. 15, sched. F. (2.) Beverley, sec. 12. — Bound. Act, 235. Bishop's Castle, sec. 1, sched. A. Birmingham, sec. 3, sched. C. See also sched. L. — Bound. Act, 229. Blackburn, sec. 3, sched. C— Bound. Act, 210. Blechingley, sec. 1, sched. A. 288 INDEX LOCORUM. Bolton, sec. 3, sched. C. See also sched. L.— Bound. Act, 211. Boroughbridge, sec. 1, sched. A. Bossiney, sec. 1, sched. A. Brackley, sec. 1, sched. A. Bradford, sec. 3, sched. C. See also sched. L. — Bound. Act, 235. Braraber, sec. 1, sched. A., sec. 5. Brecon, sec. 9, 74. — Bound. Act, 167—240. Brighton, sec. 3, sched. C, sched. L. — Bound. Act, 226. Bristol.— Bound. Act, 164. Bury, sec. 4, sched. D. See also sched. L.— Bound. Act, 211, 225. Buckinghamshire, sec. 15, sched. F. (2.) C. Caerwjs, sec. 8, sched. E., sched. E. (2.) Caergwrley, sec. 8, sched. E. See also sched. E. (2.) — Bound. Act, 244. Carmarthenshire, sec. 15. — Bound. Act, 240. Carmarthen, sched. E., sect. 17, sched. G. — Bound. Act, 240. Caernarvon, sched. E. — Bound Act, 242. Calne, sec. 2, sched. B. — Bound. Act, 229. Callington, sec. 1, sched. A. Cambridgeshire, sec. 15, sched. F. (2.) Camelford, sec. 1. sched. A. Canterbury, sec. 17, sched. G. Cardiff, see sched. A. — Bound. Act, 246. Cardigan, see sched, A. — Bound. Act, 241. Castle Rising, sec. 1, sched. A. Chatham, sec. 4, sched. D., sched. L. — Bound. Act, 209. Cheltenham, sec. 4, sched. D., sched. L. — Bound. Act, 204. Cheshire, sec. 14, sched. F. — Bound. Act, 193, 194. Chester, sec. 17, sched. G. — Bound. Act, 148. Christchurch, sec. 2, sched. B. — Bound. Act, 206. Clitheroe, sec. 2, sched. B. — Bound. Act, 210. Conway, sec. 8, sched. E., sched. E. (2.) — Bound. Act, 242. Corfe Castle, sec. 1, sched. A. Cornwall, sec. 14, sched. F. — Bound. Act, 148, 195. Coventry, sec. 17, sched. G. — Bound. Act, 229. Cowbridge, sec. 8, sched. E. See also sched. E. (2.) — Bound. Act, 240. Criccrieth, sec. 8, sched. E. See also sched. E. (2). — Bound. Act, 242. Cricklade, sec. 5.— Bound. Act, 166, 167. Cumberland, sec. 14, sched. F. — Bound. Act, 149, 197. Dartmouth, sec. 2, sched. B. — Bound. Act, 199. Deal, included in Sandwich, sec. 6. lilDEX LOCORUM. 289 Denbigh, sec. 15, sched. E. — Bound. Act, 243. Derbyshire, sec. 14, sched. F. — Bound. Act, 150. Devonport, sec. 3, sched. C. See also sched. L. — Bound. Act, 199. Devonshire, sec. 14, sched. F.— Bound. Act, 150, 198, 200. Dorsetshire, sec. 15, sched. F. (2.)— Bound. Act, 201. Downton, sec. 1, sched. A. Droitwich, sec. 2, sched. B. — Bound. Act, 231. Dudley, sec. 4, sched. D. See also sched. L. — Bound. Act, 231. Dunwich, sec. 1, sched. A. Durham, sec. 14, sched. F.— Bound. Act, 151, 203. E. East Grimstead, sec. 1, sched. A. East Looe, sec. 1, sched. A. East Retford, sec. 5. Essex, sec. 14, sched. F. — Bound. Act, l5l. Exeter. — Bound. Act, 164. Eye, sec. 2, sched. F.— Bound. Act, 225. Finsbury, sec. 3, sched. C. See also sched. L. — Bound. Act, 214. Fishguard, sec. 8, sched. G. — Bound. Act, 251. Fowey, seel, sched. A. Frome, sec. 4, sched. D. See also sched. L. — Bound. Act, 221. Gateshead, sec. 4, sched. D. See also sched. L. — Bound. Act, 204. Gatton, sec. 1, sched. A. Germain's, St. sec. 1, sched. A. Glamorgan, sec. 15. Gloucester, sec. 17, sched. G. — Bound. Act, 152, 204. Gloucestershire, sec. 14, sched. F. — Bound. Act, 152, 204. Great Grimsby, sec. 2, sched. B. — Bound. Act, 213. Greenwich, sec. 3, sched. C. See also sched. L. — Bound. Act, 209. H. Halifax, sec. 3, sched. C. See also sched. L. — Bound. Act, 236. Hampshire, sec. 14, sched. F. — Bound. Act, 158, 164, 205. Haslemere, sec. 1, sched. A. Haverfordwest, sec. 8, sched. E. — Bound. Act, 251. Hedon, sec. 1, sched. A. Helslone, sec. 2, sched. B. — Bound. Act, 195. 290 INDEX LOCORUM. Herefordshire, sec. 15, sched. F. (2.) — Bound. Act, 21, 207. Hertfordshire, sec. 15, sched. F. (2.) — Bound. Act, 207, Heytesburj, sec. 1, sched. A. Higham Ferrers, sec. 1, sched. A. Hindoii, sec. 1, sched. A. Holt, sec. 8, sched. E. See also sched. E. (2.)— Bound. Act, 243. Holyhead, sec. 8, sched. E.— Bound. Act, 239. Holywell, sec. 8, sched. E. — Bound. Act, 244. Horsham, sec. 2, sched. B. — Bound. Act, 228. Huddersfield, sect. 5. — Bound. Act, ^36. Hythe, sec. 2, sched. B., sec. 4, sched. D., sched. L. — Bound. Act, 208. 1. Ilchester, sec. 1, sched. A. Isle of Wight, sec. 16.— Bound. Act, 229. Ives, St. sec. 2, sched. B.— Bound. Act, 196. K. Kendal, sec. 4, sched. D., sched. L. — Bound. Act, 229. Kent, sec. 14, sched. F.— Bound. Act, 154, 207. Ken-fig, sec. 10, 74.— Bound. Act, 168, 240. Kesteven, sec. 13. — Bound. Act, 165. Kidderminster, sec. 4, sched. D., sched. L. — Bound. Act, 232. Kingston-on-Hull, sec. 17, sched. G. Kevinleece, sec. 8, sched. E., sched. E. (2.) sec. 9. Knighton, sec. 9, sched. E. See also sched. E. (2.) sec. 9. — Bound. Act, 254. Knucklas, sec. 9, sched. E., sched. E. (2.) sec. 9.— Bound. Act, 254. L. Lambeth, sec. 3, sched. D. See also sched. L. — Bound. Act, 226. Lampeter, sec. 8, sched. E. See also sched. L. (2.) — Bound. Act, 241. Lancashire, sec. 14, sched. F. — Bound. Act, 154, 210. Llanelly, sec. 8, sched. E. — Bound. Act, 240. Llanidloes, sec. 8, sched. E. — Bound. Act, 249. Llanfiyllin, sec. 8, sclied. E. — Bound. Act, 248. Llantrissent, sec. 8, sched. E. See also sched. E. (2.)— Bound. Act, 246. Llangefne, sec. 8, sched. E.— Bound. Act, 239. Launceston, sec. 2, sched B. Leeds, sec. 3, sched. C. See sched. L.— Bound. Act, 236. Leicestershire, sec. 14, sched. F. — Bound. Act, 155, 213. Liskeard, sec, 2, sched. B. Litchfield.— Bound. Act, 184. London, sec. 17, sched. G. — Bound. Act, 214. INDEX LOCORUM. 291 Lostwithiel, sec. 1, sched. G. Lougher, sec. 10,74.— Bound. Act, 168, 246. Ludgershall, sec. 1, sched. A. Lyme Regis, sec. 2, sched. B. — Bound. Act, 202. Lincoln, sec. 17, sched. G. — Bound. Act, 163. Lincolnshire, sec. 13. — Bound. Act, 165, 213. Lindsay, sec. 13. — Bound. Act, 165. M. Macclesfield, sec. 3, sched. C. See sched. L. — Bound. Act, 148, 193. Machynlleth, sec. 8, sched. E. — Bound. Act, 250. Malmsbury, sec. 2, sched. B., sec. 5. — Bound. Act, 230. Manchester, sec. 3, sched. C, sched. L. — Bound. Act, 212. Marylebone, sec. 3, sched. C, sched. L. — Bound. Act, 214. Mawe's, St. sec. 1, sched. A. Merthyr Tjydvil, sec. 4, sched. D. — Bound. Act, 245. Michael's, St. or Midshall, sec. 1, sched. A. Melcombe Regis, sec. 6. — Bound. Act, 202. Middlesex, sec. 41. — Bound. Act, 214. Midhurst, sec. 2, sched. B. — Bound. Act, 228. Milbourne Port, sec. 1, sched. A. Milford, sec. 8, sched. E. — Bound. Act, 252. Minehead, sec. 1, sched. A. Mold, sec. 1, sched. G. — Bound. Act, 244. Monmoutli, sec. 74. sched. E. (2.) — Bound. Act, 2l5. Montgomery. See sched. E. — Bound. Act, 251. Morpeth, sec. 2, sched. B. — Bound. Act, 217. N. Narbertb, sec. 3, sched. E. — Bound. Act, 252. Neath, sec. 10, 74.— Bound. Act, 168, 246. Nevin, sec. 8, sched. E. See also sched. E. (2.) — Bound. Act, 242. Newcastle-on-Tyne, sec. 17, sched. G. — Bound. Act, 217. Newport, (I. W.) sec. 1, sched. A. — Bound. Act, 215. Newport, (Monra.)sec. 16, sched. E. (2.)— Bound. Act, 2!29. New Shoreham, sec. 5, 69. Newton, sec. 1, sched. A. Newtown, sec. 8, sched. E. — Bound. Act, 251. Newtown (Ise of Wight), sec. 1, sched. A. Norfolk, sec. 14, sched. F. — Bound. Act, 155, 216. Northamptonshire, sec. 14, sched. F. — Bound. Act, 156, 216. Northumberland, sec. 14, sched. F — Bound. Act, 157. Norwich. — Bound. Act, 164. Nottingham. — Bound. Act. 164. Nottinghamshire, sec. 14, sched. F. — Bound. Act, 157, 164, 217. 292 INDEX LOCORUM. 0. Old Sarum, sec. 1, sched. A. Oldham, sec. 3, sched. C, sched. L. — Bound. Act, 212. Okehampton, sec. 1, sched. A. Orford, sec. 1, sched. A.— Bound. Act, 217. Overton, sec. 8, sched. E., sched. E. (2.)— Bound. Act, 244. Oxfordshire, sec. 15, sched. F. (2.) Oxford University, Pembroke, sched. E.— Bound. Act, 251 to 254. Penryn, sec. 6. — Bound. Act, 196. Petersfield, sec. 2, sched. B.— Bound. Act, 205. Plympton, sec. 1, sched. A. Poole, sec. 17, sched. G.— Bound. Act, 202. Presteign, sec. 8, sched. E.— Bound. Act, 254. Pwllheli, sec. 8, sched, E., sched. E. (2.)— Bound. Act, 242. Q. Queenborough, sec. 1, sched. A. R. Ptadnor. — Bound. Act, 254. Retford, East, &c. sec. 5.— Bound. Act, 165, 166, 167. Reigate, sec. 2, sched. B. — Bound. Act. 226. Rhayder, sec. 8, sched. E. See sched. E. (2.) Rhyddlau, sec. 8, sched. E. See sched. E. (2.) Rochdale, sec. 3, sched. C. See sched. L.— Bound. Act, S12. Romney (New), sec. 1, sched. A. Ruthin, sec. 8, sched. E. See sched. E. (2.) —Bound. Act. 243. Rye, sec. 2, sched. B.— Bound. Act. 227. Salford, sec. 4, sched. D. See also sched. L. — Bound. Act, 212. Saltash, sec. 1, sched. A. Sandwich, sec. 6.— Bound. Act, 208. St. Asaph, sec. 8, sched. E. Seaford, sec. 1, sched. A. Sleaford, sec. l3. Shaftesbury, sec. 2, sched. B. — Bound. Act, 202. Sheffield, sec. 3, sched. C. See also sched. L. — Bound. Act, 230. Shropshire, sec. 14, sched. F.— Bound. Act, 218 to 220. INDEX LOCORUM. 293 Somersetshire, sec. 14, sched. F. — Bound. Act, 158, 220. South Shields, sec. 4, sched. D. See sched. L.— Bound. Act, 204. Southampton, sec. 17, sched. G. — Bound. Act, 206. Staffordsliire, sec. 14, sched. F.— Bound. Act, 159, 224. Stejning, sec. 1, sched. A. Stockport, sec. 3, sched. C. Sched. L. Stoke-on-Trent, sec. 3, sched. C. See sched. L. — Bound. Act, 225. Stroud, sec. 3, sched. C. See sched. L. — Bound. Act, 201. Suffolk, sec. 14, sched. F.— Bound. Act, 159. Sunderland (Durham), sec. 3, sched. C. See sched. L.-— Bound. Act, 204. Surrey,, sec. 14, sched. F. — Bound. Act, 160. Sussex, sec. 14, sched. F.— Bound. Act, 160, 227. Swansea, sec. 10, 74. — Bound. Act, 167, 247. T. Tenby, sec. 8, sched. E. See sched. E. (2.)— Bound. Act, 254. Thiisk, sec. 2, sched. B.— Bound. Act, 234. Tower Hamlets, sec. 3, sched. C. See sched. L. — Bound. Act, 214. Tregony, sec. 1, sched. A. Tynemouth, sec. 4, sched. D. See sched. L. — Bound. Act, 217. U. Ubk, sec. 10, sched. E. (2.)— Bound. Act, 216. W. Wailingford, sec. 2, sched. B. — Bound. Act, 192. Walsall, sec. 4, sched. D. See sched. L. — Bound. Act, 225. Wakefield, (sec. 12,) sec. 4, sched. D. See sched. L. — Bound. Act, 236. Warrington, sec. 4, sched. D. See sched. L. — Bound. Act, 212. Wareham, sec. 2, sched. B. — Bound. Act, 202. Warwickshire, sec. 14, sched. F. — Bound. Act, 161, 229. Wendover, sec. 1 , sched. A. Weoblv, sec. 1, sched. A. Welch Poole, sec. 8, sched. E.— Bound. Act, 251. West Looe, sec. 1, sched. A. Westbury, sec. 2, sched. B. — Bound. Act, 231. Whitchurch, sec. 1, sched. A. Whitby, sec. 4, sched. D. See sched. L.— Bound. Act, 234. Whitehaven. — Bound. Act, 197. Winchelsea, sec. 1, sched. A. Wilton, sec. 2, sched. B. — Bound. Act, 231. 294 INDEX LOCORUM. Wiston, sec. 8, sched. E. See sched. E. (2.)— Bound Act, 254. Wiltshire, sec. 14, sched. F. — Bound. Act, 161. Wootton Bassett, sec. 1, sched. A. Woodstock, sec. 2, sched. B.— -Bound. Act, 218. Wolverhampton, sec. 3, sched. C. See sched L.— Bound. Act, 225. Worcestershire, sec. 14, sched. F. — Bound Act, 162, 164. Worcester, sec. 17, sched. G. — Bound. Act, 233. Wrexham, sec. 8, sched. E. — Bound. Act, 243. Y. Yarmouth, sec. 1, sched. A. — Bound. Act, 216. York and Ainsty, sec. 12, 17, sched. G.— Bound. Act, 234. Yorkshire, sec. 12.— Bound. Act, 163, 165, 234. THE END. LONDON: C. ROWOKTH, AND SONS, BELL YARD, TEMl'LE BAIL UNIVERSITY OF CALIFORNIA LIBRARY BERKELEY Return to desk from which borrowed. This book is DUE on the last date stamped below. MAR 11 1948 27Dec'49CS 27Mar'52KU lNov'531VB 0CT2 1953 25»lll^ff590F REG'D LD /IAR25 b^' i^ ^ *>«) REC'D LD l^^^ 8 1959 L-100m-9,'47(A5702sl6)476 ^v^mm'wx YB Ghb'i- P4 THE UNIVERSITY OF CAUFORNIA LIBRARY