County Electors Act 1888. LUSHINGTON 2^!!^ :iii» . 1 . 251 ;88. ur by THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES shed RT, ESTABLISHED (CIR.) 1750. Shaw & Sons, LAW PRINTERS, Xitboorapbers anO /iDanufacturfnG Stationers, FETTER LANE & CRANE COURT, LO.YDOX, B.C. THE COUNTY ELECTOES ACT, 1888. "y^ THE 1888: WITH NOTES ON THE CHANGES MADE IN THE LAW OP PARLIAMENTARY AND MUNICIPAL REGISTRATION, FOR THE PURPOSE OF FORMING A REGISTER OF PERSONS QUALIFIED TO VOTE AT ELEC- TIONS OP COUNTY AND DISTRICT COUNCILLORS, AND A CALENDAR OF OPERATIONS FOR THE CURRENT YEAR. BEING A Practical Guide to all concerned in the Registration of Parliamentary and Local Government Voters, BY S. G. LUSHINGTON, M.A., B.C.L., Of the Inner Temple, Barrister-at-Law. LONDON : SHAW & SONS, FETTER LANE & CRANE COURT, E.G., IlatD ^arintrri anil |3uliltsljrrjj. 1888. '". J J J J J i ^ J >\' SHAW & SONS, FETTER LANE AND CRANE COURT, E.C. t t t ' I <■ 3^7/. PEEFACE. ,^ rriHE object of this Edition of the County Electors » JL Act, 1888, is to provide Clerks of the Peace, 5 Town Clerks, Overseers, and Registration Agents with « a complete view of the effect of the Act upon their ^ respective duties relating to registration, especially in the present year. The Act introduces much that is new in substance under the guise of old forms, and incorporates, by reference, much well-known law relating to the qualifi- cation and registration of burgesses for the purpose of ^1 applying it to the qualification and registration of the 5 new county electors. A great part, therefore, of the ■^ notes consists in the citation of those enactments ^ relating to burgesses, in full, but with the modifications ^ necessary for applying them to county electors. This has been a laborious, but, it is hoped, an accurate and exhaustive method of arriving at the true efl'ect of the Act. A calendar of things to be done in order of date for the present year is prefixed to the body of the work. The Index of Cases contains references to all the :3 reports of each case cited so far as known to the ^ Author. 3 S. G. L. ^* Inner Temple, \Wi May, 1888, o9l8oG TABLE OF CASES. PAGE Abel i\ Lee (1871), L. R. G C. P. 365 ; 40 L, J. C. P. 15i ; 23 L. T. 844 ; 19 W. R. 625 ; 1 Hopw. & Colt. 515 ; 35 J. P. 343 11 Ainsworth v. Creeke (1868), L. R. 4 C. P. 476 ; 38 L. J. C. P. 58 ; 19 L. T. 824 ; 1 Hopw. & Colt. 141 ; 33 J. P. ^ I *j »,, ••■ ••• •■• ■■• •«• ••• .«• iO Aiitey V. Topham (1843), 5 M. & G. 1 ; 7 Scott, N. R. 402 ; 13 L. J. C. P. 39 ; 7 Jur. 995 ; 1 Lutw. R. C, 1 ; Barr. & Am. 1 36 Baker v. The Town Clerk of Monmouth (1885), 34 W. R. 64 ; 53 L. T. 668 ; 49 J. P. 776 12 Beal V. The Town Clerk of Exeter (1887), 20 Q. B. D. 300; 57 L. J. Q. B. 128; 36 W. R. 507; Scott Pox, OX ■•• •■• ■•• ■•• ■•• ••• ••• ••• */ Cook V. Huraber (1861), 11 C. B. (n.s.) 40 ; 31 L. J. C. P. 73 ; 5 L. T. 838 ; 10 W. R. 427 ; 8 Jur. (N.S.) 698 ; K. &G. 413 12 Daking v. Fraser (1885), 16 Q. B. D. 252 ; 55 L. J. Q. B. 11 ; 34 W. R. 366 ; 1 Colt. 455 35 Druitt v. The Overseers of Christchurch (1885), 12 Q. B. D. 365 ; 53 L. J. Q. B. 177 ; 1 Colt. 328 16 Edwards r. Lloyd (1887), 20 Q. B. D. 302 ; 57 L. J. Q. B. 121 ; Scott Fox, 54 12 Flatcher v. Boodle (1865), 18 C. B. (N.s.) 152 ; 34 L. J. C. P. 77 ; 11 L. T. 630 ; 13 W. R. 340 ; 11 Jur, (N.S.) 67 ; IIopw. & Phil. 238 10 Fox V. Davics (1848), 6 C. B. 11 ; 18 L. J. C. P. 48; 12 L. T. (O.S.) 244 ; 13 Jur. 155 ; 2 Lutw. R. C. 97 ... 10 Freeman r. Ne\vman (1883), 12 Q. B. D. 373 ; 53 L. J. Q. B. 108 ; 51 L. T. 396 ; 32 W. R. 246 ; 1 Colt. 343. 28 viii Tahle of Cases. PAGE Greenway v. Bachelor (^Aldridge's case) (1883), 12 Q, B. D, 381 ; 53 L, J. Q. B. 180 ; 50 L. T. 272 ; 32 W. R, 319 ; 47 J. P. 792 ; 1 Colt. 317 13 Hall V. Cropper (1879). 5 C. P. D. 76 ; 49 L. J. C. P. 162 ; 41 L. T. 472 ; 28 W. E. 896 ; 1 Colt. 29 ; 44 J. P. 179 28 Hargreaves t'. Hopper (1875), 1 C. P. D. 195; 45 L. J. C. P. 105 ; 33 L. T. 530 ; 24 W. R. 186 ; 2 Hopw. & Colt. 304 ; 40 J. P. 215 9 Harrison v. Carter (1876), 2 C. P. D. 26 ; 46 L. J. C. P. 26; 35 L. T. 511; 25 W. K. 182; 2 Hopw. & Colt. 824; 41 J. P. 23 12 Honeybone v. Hambridge (1886), 18 Q. B. D. 418 ; 56 L. J. Q. B. 46 ; 35 W. R. 520 ; 1 Scott Fox, 26 11 Luckett V. Gilder (1861), 11 C. B. (n.s.) 1 ; 31 L. J. C. P. 43 ; 5 L. T. 312 ; 10 W. R. 105 ; K & G. 371 37 M'Clean v. Prichard (1887), 20 Q. B. D. 285 ; 36 W. R. 509 ; Scott Fox, 94 9 Magarill v. The Overseers of Whitehaven (1885), 16 Q. B. D. 242; 55 L. J. Q. B. 38 ; 53 L. T. 667; 34 W. R. 275 ; 1 Colt. 448 ; 49 J. P. 743 11 Mashiter v. Dunn (1848), 6 C. B. 30 ; 18 L. J. C. P. 13 ; 12 L. T. (O.S.) 197 ; 13 Jur. 194 ; 2 Lutw. R. C. 112... 12 Powell r. Bradley (1864), 18 C. B. (n.s.) 65 ; 84 L. J. C. P. 67 ; 11 L. T. 602 : 13 W. E. 272 ; 10 Jur. (n.s.) 1241 ; Hopw. & Phil. 159 9 Powell V. Guest (1865), 18 C. B. (n.s.) 72 ; 34 L. J. C. P. 69 ; 11 L. T. 599 ; 13 W. R. 274 ; 10 Jur. (N.s.) 1238 ; Hopw. & Phil. 165 ; 29 J. P. 424 9 Reg. V. Allday (1857), 26 L. J. Q. B. 292 ; 7 Ell. & Bl. 799 ; 3 Jur. (N.S.) 961 49 Reg. V. Bridgnorth (1838), 10 Ad. & Ell. 66 ; 2 P. & D, 317 ; 3 Jur. 384 11 Reg. r. Harrald (1872), L. R. 7 Q. B. 361 ; 41 L. J. Q. B. 173 ; 26 L. T. 616 ; 20 W. R. 328 14 Keg. V. Ireland (1868), L. R. 3 Q. B. 180 ; 37 L. J. Q. B. 73; 17L. T. 466; 16 W. R. 358; 9B. &S. 19 ... 12 Table of Cases. ix PAGE Reg. v. King8ton-on-Hull (1) (1853), 2 Ell. & Bl. 182; 22 L. J. Q. B. 324; 17 Jur. 911 4'J Reg. V. mngston-on-IIull (2) (1853), 25 L. T. 197 ... tl) Sale, In re (1880), 50 L. J. C. P. 113 ; 43 L. T. C3o ; 1 Colt. 152 29 Sherwin v. Whyman (1873), L. K. 9 C. P. 243 ; 43 L. J. C. P. 36 ; 29 L. T. 680 ; 22 W. R. 127 ; 2 Hopw. & Colt. 185 ; 38 J. P. 183 3f> Simpson r. "Wilkinson (1843), 5 M. & G. 3 ?*. ; 7 Scott, N. R. 406 ; 13 L. J. C. P. 39 ; 7 Jur, 995 ; 1 Lutw, R. C. 5 ; Barr. & Am, 3 « 86 Smith V. IloUoway (1865), L. R, 1 C. P. 145 ; 35 L. J. C. P. 100 ; 13 L. T, 468 ; 14 W. R. 202 ; 12 Jur. (N.S.) 164 ; Hopw. & Phil. 281 ; 29 J. P. 823 2» Tanner v. Carter (1885), 16 Q. B, D, 231 ; 55 L. J. Q, B, 27 ; 53 L, T. 663 ; 34 W. R, 41 ; 1 Colt. 435 ; 49 J. P. 790 15 Topham v. Kelleher (1879), L. R. (Ireland), 6 C. L. 285 ... 36 Wright V. The Town Clerk of Stockport (1843), 5 M. & G. 7 Scott, N. R. 561; 13 L. J. C. P. 50; 7 Jui-. 1112; 1 Lutw. R. C. 32 ; Barr. & Arn. 39 1 1 A CALENDAE OF THINGS TO BE DONE IN ORDER OF DATE IN THE YEAR 1888 UNDER THE COUNTY ELECTORS ACT, 1888. Clerks of the Peace and Town Clerks immediately to issue Supplemental Precepts and Forms. Juno 20. — Overseers to publish notices that non-pay- ment before the 20th July of poor rates made during the twelve months imme- diately preceding the 5th January last wlU disqualify parliamentary ten pounds occupiers and householders, also burgesses and county electors. Notices should state that non-payment of assessed taxes will disqualify ten pounds occupiers for local government franchise and for parliamentary occupation fran- chise in parliamentary boroughs ; and non-payment of county rates will dis- qualify bm'gess occupiers under section 2 in counties, and non-payment of borough rates will disquahfy burgesses not being ten pounds occupiers under section 3. xii A Calendar of Things to Juil6 20. — Serve notices as to non-payment where rates have not been previously duly demanded. July 20. — -Last day for payment of rates, and in counties last day for claims as parlia- mentary ownership voters. July 22, — Second retm'n of deaths is now due to overseers from registrars of births and deaths. List of defaulters in payment of assessed taxes is now due to overseers from collectors of taxes. Overseers to make out list of persons dis- quahfied for non-payment of rates, and to keep it open for inspection for four- teen days, and deliver copies on payment of fees. July 25. — Last day for old lodgers' claims. In coun- ties, overseers to remove published copy ownership portion of parliamentary register, and notice to send in parlia- mentary ownership claims. July 31. — Overseers to ascertain from reHeving officer names of persons disqualified by receipt of parochial relief. he done in the Year 1888. xiii July 31. — Overseers in counties to make ont occu- piers' and supplemental occupiers' lists and separate lists of non-residents quali- fied to be county councillors, and lists of parliamentary ownership claimants and old lodgers with marginal objections. Overseers in boroughs to make out occu- piers' list in divisions, old lodgers' list with marginal objections, reserved rights' list, if any, aldermen and councillors' list, and parish burgess lists. August 1, — Overseers to sign, publish, keep for inspeo tion, and on payment of fees deliver copies of all the above lists. Aug. 20. — Last day for notices of objection and for occupiers' and new lodgers' claims. Aug. 25. — Overseers to make out claim and objection lists, viz.: — General list of claimants both as parlia- mentary occupation voters (other than lodgers) and as county electors or bur- gesses. List of claimants as parliamentary occupa- tion voters (other than lodgers), but not as county electors or burgesses. xiv A Calendar of Things to Au^t 25. — List of claimants as county electors or burgesses only. List of claimants as new lodgers. List of claims to be on the separate non- resident list of persons qualified to be county councillors, but not county electors or burgesses. List of claims, in boroughs, to be on the separate non-resident Hst of persons qualified to be aldermen or borough councillors, but not burgesses. List of persons objected to, in counties, as parliamentary ownership voters. List of persons objected to, both as parHa- mentary occupation voters (other than lodgers) and as county electors or bur- gesses. List of persons objected to as parHamentary occupation voters (other than lodgers) but not objected to as county electors or burgesses. List of persons objected to as county electors or burgesses only. List of persons objected to as on the separate non-resident Hst of persons quahfied to be county councillors, but not to be county electors or burgesses. he done in tlie Year 1888. xv Aug. 25. — List of persons objected to in boroughs as on the separate non-resident aldermen and borough councillors' list. List of persons objected to as on the old lodgers' list. Overseers to sign, publish, keep for in- spection, and on payment of fees deliver copies of all these claim and objection lists. Overseers in municipal boroughs to send to the clerk of the peace for the county, and to the town clerk — (a) Two copies of the occupiers' and old lodgers' lists ; and (h) A copy of each of the occupiers' and lodgers' claim and objection lists. And if such municipal borough is not in a parliamentary borough, send also to the clerk of the peace — ( (45 & 46 Vict. c. 50), as applied by this sub-section, will of county 1 nil • electors oa read as follows, viz. :— succession, &c. (1) Where a person succeeds to f[ualifying property by descent, marriage, marriage settlement, devise, or promotion to a benefice or office, then, for the purposes of qualification, the occupancy of the property by a predecessor ui title, and the rating of the predecessor in respect thereof, shall be equivalent to the occupancy and rating of the successor ; and rating in the name of the prede- cessor shall, until a new rate is made after the date of succession, be equivalent to rating in the name of the successor; and the successor shall not be required to prove his own residence, occu- pancy, or rating before the succession. (2) The qualifying property need not be throughout the twelve months constituting the period of qualifi- cation the same property, or in the same parish. (3) Where by law a county rate is payable by instal- ments, payment by any person of any such instal- ment shall, as regards his qualification to be registered as a county elector be deemed a payment of the county rate in respect of the period to which the instalment applies. (4) A person shall not be disentitled to be registered as a county elector by reason only — (a) That he has received medical or surgical assistance from the trustees of the county charities, or has been removed by order of a justice to a hospital 14 County Electors Act, 1888. Notes to Sect. 2. Eight of women to vote. ■Claim to be ratf (1 and tender of rates. or place for reception of the sick at the cost of any local authority ; or (b) That his child has been admitted to and taught in any public or endowed school. Section 63 of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), as applied by this sub-section will read as follows, viz. : — For all purposes connected with and having reference to the right to vote at county {local government) electionSf words in this Act importing the masculine gender include women. This section, as applied, does not entitle a married woman to be registered as a county elector, although she may be living separately from her husband and, but for the fact of the marriage, may be otherwise duly qualified by occupation and rating to be registered as a county elector, because a married woman is not in law " a person " within the meaning of the ninth section as applied, her legal existence being merged on the marriage in that of her husband so long as he continues alive and the marriage is not dissolved by the decree of a competent court. {Reg. v. Earmld (1872), L. R. 7 Q. B. 361.) "Enactments of that or any other Act affecting the same." Probably this refers, amongst other sections which will be noted hereinafter, to section 32 of that Act and to the Mimicipal Voters Relief Act, 1885 (48 Vict. c. 9). Section 32 of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), as applied by this sub-section, will read as follows, viz . : — (1) If an occupier of any qualifying property, whether the landlord is or is not lial)le to be rated in the poor rate in respect thereof, claims to be rated to the poor rate in respect thereof, and pays or tenders to the overseers of the parish where the property is situate the full amount of the poor rate last made in respect of the property, the overseers shall put the occupier's name on the rate book in respect of that rate. Extension of Burgess Franchise. 15 A claim and tender need only he made if the overseers Notes to have altogether refused to rate any person whatever in Sect. Z. respect of the premises to rates made during the required period of occupation, but it is not equivalent to rating and payment unless it is made during the required period of occupation. (Ainsworth v. Creeke (1868), L. R. 4 C. P. 476.) There is probably no necessity to repeat the claim and tender every time a fresh rate is made during the required period of occupation, but it may be made once for all so long as the voter remains in occupation of the same premises during that period. (14 & 15 Vict. c. 14.) Section 2 of the Municipal Voters Relief Act, 1885 Letting: (48 Vict. c. 9), as applied by this sub-section, will read as ho'S^*'''^ follows, viz.: — A man shall not be disqualified from being registered or voting as a county elector at any county {local govern- meyit) election in a county in respect of the occupation of any house by reason only that during a part of the qualifying period, not exceeding four months in the whole, he has, by letting or otherwise, permitted such house to be occupied as a furnished dwelling-house by eome other person, and during such occupation by another person has not resided in or within seven miles of the county. The limit of four months must not be exceeded, or the occupier wiU be disqualified. As, for instance, under- graduates of the Universities of Oxford and Cambridge, who are not allowed to occupy their chambers in college during the vacations, which extend over a period of six months, are thereby disqualified. {Tanner v. Carter (1885), 16 Q. B. D. 231.) 3. Every person who is entitled to be regis- of'^f.^oj" tared as a voter in respect of a ten pounds occu- "Jf. to"**"' pation qualification wdthin the meaning of the '^"'"^'^^^ provisions of the Registration Act, 1885, which are set out in the schedule to this Act, shall be 16 County Electors Act, 1888. Sect. 3. entitled to be registered as a county elector, and to be enrolled as a burgess, in respect of such qualification, in like manner in all resj)ects as if the sections of the Municipal Corporations Act, 1882, relating to a burgess qualification included the said ten pounds occupation qualification. Effect of section. Subject- matter of qualiflca- tion. Talue. The practical effect of this section will be to qualify every parliamentary ten pounds occupier in a parliamentary borough as a burgess or county elector, as the case may be. But in a parliamentary county it will not be safe to take the list of parliamentary ten pounds occupiers as a list of persons qualified to be county electors or burgesses, as the case may be ; first, because the payment of assessed taxes is no part of the parliamentary ten pounds occupation qualification in a parliamentary county, except within the area of a merged parliamentary borough ; and, secondly, because in a parliamentary county, including the area of any merged parliamentary borough therein, there is a diflerence in the qualification of joint occupiers. Generally with regard to this section, it is to be observed — That it makes land only, without any building upon it, a proper subject-matter of qualification. That a " tenement " within the meaning of the section, must be rateable, or such as but for being CrowTi pro- perty would be rateable, and must be capable of actual occupation. Incorporeal hereditaments, though sometimes rateable, as, for instance, sporting rights, are not considered capable of actual occupation for the purposes of an electoral qualification (Druitt v. TJia Overseers of GJirist Church (1883), 12 Q. B. D. 365), so that a tenement practically means a building, and the occupier will be more likely to qualify under section 2, and not under this section. The principles upon which the clear yearly value is to be ascertained are well known in respect of the parliamen- Ten Pounds Occupiers. 17 tary ten pounds occupation qualification, and apply equally Notes to for the purposes of the local government franchise under Sect. 3. this section. They are discussed at length in " Mackenzie and Lushington on Parliamentary and Local Government Registration." In the same work will he found full consideration of the Estat«. words " as owner or tenant," which import that the person in physical occupation must have either an estate, in the legal sense of the term, in the land,or else must be a lessee for a term. Occupation by mere permission, or as a guest, servant, lodger, or member of a corporate body will not qualify. It will be noticed that the required period of residence Residence, for the purposes of a ten pounds occupation qualification under this section is only six months immediataly preceding the 15th July in the year of registration, as against twelve months, which is the required period for the purposes of a general occupation qualification under section 2. What constitutes residence has been already noted under section 2, and the whole subject will be found fully dis- cussed in " Mackenzie and Lushington on Registration," Chapter II., section 2, in treating of the parliamentary ten pounds occupation qualification. The principal points as to rating and payment of rates Rating and have been noted under section 2. It may be observed here J-ateTa"i^°^ that payment of county rate is no part of tliis ten pounds taxes, occupation qualification, as it is in the case of a general occupation qualification imder section 2. But payment of assessed taxes, which is no part of the general occupation qualification under section 2, is necessary for a ten pounds occupation qualification. Assessed taxes are such taxes as vary in amount in proportion to the value of the property in respect of which they are imposed, as the property tax, the house tax, and the land tax. By the fourth section of the Property Tax Act, 1842 (5 & 6 Vict. c. 35), non-pay- ment of property tax will not dis more than one division register. Local Government Rerjisters. 39 (5.) Where in pursuance of section four of the Sect. 7. Registration Act, 18«5, the revising barrister has ^^i^.''^^'"' power to erase the name of any person as a parlia- mentary voter from division one of the occupiers' list, such barrister, in lieu of erasing the name, shall place an asterisk or other mark against the name, and, in printing such lists, the name shall be numbered consecutively with the other names, but an asterisk or other mark shall be printed against the name, and a person against whose name such asterisk or other mark is placed shall not be entitled to vote in respect of such entry at a parliamentary election, but shall have the same right of voting at an election of a county autho- rity as he would have if no such mark were placed acjainst his name. (6.) If under any Act of the present session of Parliament establishing a council for a county any })ortion of another county is added to that county for the purpose of such election, such portion of the county register as relates to the electors having qualifying property in the said part so added shall be deemed to be part of the county register of the county for which such council is elected, and the clerk of the peace and other officers shall take such steps as may be necessary for odvinfif effect to these enactments. This section imposes on the clerk of the peace for the County and county a new duty, ^^z., that of making up the county registers. 40 County Electors Act, 1888. Notes to register Sect 7. Sub-sect. 1. Electoral •livisions. County authority. .Sub-sect. 2. County register. after the revising barristers have finished the business of revision ; and, after the present year, if the Local Government Bill passes, it will also impose on the clerks of the new district councils the duty of making up the district register. The constitution of electoral divisions has been already noted under section four, sub-section two, of this Act. The expression "county authority" is in the preamble stated to mean any representative body which may be established under any Act of the present session of Parlia- ment for the purposes of local government in counties in England, i.e., the county and district councils intended to be established under the Local Government Bill. Section forty-five of the Municipal Corporations Act 1882 (45 & 46 Vict. c. 50), as applied by this sub-section, will read as follows, viz. : (1) When the parish burgess lists have been re\ised and signed, the revising barrister shall deliver them to the clerk of the peace, and a printed copy thereof, examined by him and signed by hini, shall be (together with the revised parish county electors' lists) the county register of the county. (2) The county register shall be completed on or before the 20th October in each year (the 31st day of December is by section fifteen substituted for the 20th of October in the year 1888), and shall come into operation on the 1st of November in that year (the 1st day of January in the year 1889 ■ is by section fifteen substituted for the 1st of November, 1888, but not so as to continue the operation of that register beyond twelve months from the 1st November, 1888), and shall continue in operation for twelve months, beginning on that day. (3) The names in the county register shall be numbered by electoral divisions or by polling districts, unless in any case the county council direct that the Local Government Rer/isters. 41 same he numbered consecutively without reference Notes to to electoral divisions or polling districts. °^^^' '• (4) Where the county has no electoral divisions, the county register shall be made in one general register for the whole county. <5) Where the county has electoral divisions, the county ^'^''^^^^^ register shall be made in separate registers, called division registers, one for each electoral division, containing the names of the persons entitled to vote in that electoral division, and the division registers collectively shall constitute the county register. <6) Where a duplicate of a parish burgess list is made J^^'^i^"c*'« under section thirty-one of the Parliamentary and Municipal Registration Act, 1878 (as applied by this Act), it shall have the same effect as the original, and may be delivered instead thereof. (7) Every person registered in the county register shall be deemed to be enrolled as a burgess, and every person not registered in the county register shall be deemed to be not enrolled as a burgess. <8) No stamp duty shall be. payable in respect of the registration of any person in the county register. Section thirty-one of the Parliamentary and Municipal Registration Act, 1878 (41 & 42 Vict, c. 26), as applied under this Act, and referred to in section forty-five of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), as applied under this sub-section, will read as follows, viz. : The lists, if made out in divisions under the County Delivery of ,, , • T 1 1 T 1 X lists luadem Electors Act, 1888, shall, when revised, be deuvered to aivisions the clerk of the peace or to-wn clerk, to whom, in comuy respect of the area to whicli the lists relate, revised Eiectore \ ,. T , ,. , Act, 1888. paruamentary lists ought to be ilelivered. The revising barrister shall, as part of the business of the revision, at the request of the town clerk of any municipal borough the whole or part of the area of 42 County Electors Act, 1888. Notes to Sect. 7. Printing and sale of county register. Expenses and receipts where bur- gess lists are revised under the tounty K lectors Act, 1888. whidi is included in the area of a parliamentary county, sign and deliver to him a duplicate of the whole or part of any revised list made out in divisions and relating to that municipal borough. Every such duplicate shall be prepared by the town clerk at whose request it is so signed, and shall be kept by him for municipal purposes. Section forty-eight of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), as applied by this sub-section, will read as follows, viz. : — (1) The clerh of the feme shall cause the county electors* lists, the lists of claimants and respondents (qy. persons objected to), and the county register, to be printed, and shall deliver printed copies to any person on payment of a reasonable price for each copy. (2) Subject to section thirty of the Parliamentary and Municipal Registration Act, 1878 (and also subject to that section as applied by the County Electors Act, 1888), the proceeds of sale shall go to the county fund. Section thirty of the Parliamentary and Municipal Registration Act, 1878 (41 & 42 Vict. c. 26), as applied by this Act, ■nail read as follows, viz. : Where the whole or part of the area of a municipal borough is included in the area of a parliamentary county the expenses of the town clerk (including in his expenses the matters mentioned in section thirty- one of the Representation of the People Act, 1867 (30 & 31 Vict. 102), and the expenses properly incurred by the overseers in carrying into eifect the provisions of the County Electors Act, 1888, with respect to the list of parliamentary voters and burgesses' lists, and all moneys received in respect of any of those lists, or in respect of any fine imposed by the revising barrister on Local Government Registers. 43 the revision of the lists, shall respectively be paid and Notes to applied as follows : oec . . (1) If the whole of the area of the municipal borough is included in the area of the parliamentary county, one half of the expenses shall be defrayed in the manner provided by the Parliamentary Registra- tion Acts as expenses incurred thereunder, and the other half shall be defrayed out of the borough fund, and one half of the moneys received shall be applied in the manner directed in tliose Acts, and the other half shall be paid to the borough fund : (2) In all other cases the expenses and receipts in respect of the area common to the parliamentary county and to the municipal borough be defrayed and applied as expenses and receipts under the Parlia- mentary Registration Acts, and shall, as to the other half thereof, be defrayed out of and paid to the borough fund of such municipal borough : And the expenses and receipts of an area exclusively parliamentary shall be defrayed and applied as expenses and receipts under the Registration of Electors Acts, 1843 to 1888. And the expenses and receipts in respect of an area exclusively municipal, shall be defrayed out of and paid to the borough fund of such municipal borough. Any expenses and receipts incurred or arising in respect of more than one such area shall be apportioned between the several areas in respect of which they are incurred or arise, in the proportion as nearly as may be in which the same are incurred and arise in respect of the several areas, regard being had to the number of parliamentary voters or burgesses in each area, or any other circumstances occasioning the ex- pense or giving rise to the receipts : The revising barrister shall, as part of the business of the revision, determine, if necessaiy, in respect of u County Electors Act, 1888. Extended, operation of county register. Notes to wliat area or areas any expenses or receipts are incurred Sect. 7. or arise, and liow much thereof is attributable to each area: Section seventy-one of the Municipal Corporations Act, 1882 (45 and 46 Vict. c. 50), as applied by this sub-section, ■noil read as follows, vi^;. : (1) If a parish burgess list is not made or re\T.sed in due time, the corresponding part of the county register in operation before the time appointed for the revision shall be the parish burgess list until a burgess list for the parish has been revised and become part of the county register. (2) If a county register is not made in due time, the county register in force before the time appointed for the revision shall continue in force until a new county register is made. These provisions obviously cannot come into operation in the present year. This sub-section does not apply to boroughs. District councils are dealt -with in Part III. of the Local Govern- ment Bill, and the constitution of the district council in a county district, not being a borough, and the number of councillors and wards in such district are provided for by sections forty -three and forty-four of the bill. The duties of the clerk of such a council under this sub-section will be precisely similar to the duties now performed by the town clerk of a mimicipal borough in making up the burgess roll. Under section forty-five of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), a burgess may not be several divi- enrolled in more than one ward roll, but under this sub- section a county elector may be registered in more than one division register. There seems to be no reason why a person entered in the burgess roll for a mimicipal borough in a county may not be also entered as a county elector in more than one division register in the same county, provided that no such division register is for an electoral division including part of the same municipal borough. Sub-sect. 3 District register. Sub-sect. 4 RegiBtra- tlon in Local Government Registers. 45 This sub-section is necessary in order to give effect to Notes to the preceding sub-section, for, otherwise, -where the name ^^^^' '• ^ T . 1 . 1 ii • ii Sub-sect. 5. of a person appeared to be entered more than once m the lists of voters for the same parliamentary county, it woukl entries. be the duty of the revising barrister, on proof that such entries related to the same person, to erase all such entries except one, which was to be selected to be retained as provided for by sub-section nine of section four of the Registration Act, 1885 (48 Vict. c. 15). The rules as to selection of the entrj- to be retained under that sub-section are — (1) That the voter may select it by notice in writing to be delivered or sent by post to the revising bar- rister at or before the opening of the first court at which he revises any of the lists in which any such entries appear, or by application made by the voter or on his behalf at the time of the revi- sion of the iirst of such lists : (2) If no such selection is made, then if only one of the entries is on the list of ownership voters, that entry is to be retained ; but if all or none of the entries are on the list of ownership voters, and one of the entries is the place of abode of the voter, the entry in respect of the place of abode is to be retained. In any other case the entry in that one of the lists which is first revised by the revisin" barrister must be retained. 'o This sub-section probably refers to future alterations of Sub-sect. 6. 11 1 ^ -e Alienitum the boundaries of counties and boroiighs under the filty- of boim- seventh section of the Local Government BQl. dancs. 8.— (1.) All expenses properly incurred and Expenses ^^ all sums received in carrpng into effect the pro- visions of this Act and the Registration of Electors Acts with respect to county electors, — 16 County Electors Act, 1888. Sect. 8. (a) if incurred or received by overseers, shall be respectively paid and applied as ex- penses and receipts of overseers under the Kegistration of Electors Acts in the case of the lists of parliamentary voters ; and {h) if incurred or received by the clerk of the peace or town clerk, shall be paid out of or into the county or borough fund ; and such expenses shall include all proper and reasonable fees and charges made and charged by him for the trouble, care, and attention of such clerk in the per- formance of the services and duties imposed on him by the said provisions. Expenses The expenses and receii^ts of overseers under the Eegis- of ovlrseers. tration of Electors Acts in the case of the lists of parlia- mentary voters are paid and applied as follows, viz. : — By the fifty-seventh section of the Parliamentary Voters Registration Act, 1843 (6 & 7 Vict. c. IS), it is provided that an account of all expenses incurred by the overseers of every parish or township in carrying into effect the pro- \dsions of that Act shall be laid before the revising bar- rister at the court at which the list of voters for such parish or township shall be revised ; and the said barrister shall sign and give to the said overseers a certificate of the sum which he shall allow to be due to them in respect of the said expenses ; and it shall be lawful for the said over- seers to receive the sum so certified to be due to them from and out of the first moneys thereafter to be collected for the relief of the poor in the same parish or township. By the thirty-first section of the Parliamentary Electors Eegistration Act, 1868 (31 & 32 Vict. c. 68), all expenses Ea'penses and Receipts. 47 properly incurred "by an overseer in pursuance of that Act Notes to shall be deemed to be expenses properly incurred by him Sect. 8. in carrying into effect the provisions of the princii)al Act (Parliamentary Voters Kegistration Act, 1843, 6 & 7 Vict, c. 18); and any expense incurred by any relieving officer in attending a revising l)arrister in pursuance of this Act (the amount to be certified by the revising barrister) shall be deemed to be expenses properly incurred by him in the execution of his duty as relieving officer, and shall be defrayed accordingly. And by the thirty-second section of the same Act, the certificate to be given to the overseers by the revising barrister under section fifty-seven of the principal Act for the expenses incurred by them in carrying into effect the provisions of the Registration Acts shall be final and con- clusive ; provided nevertheless, that such certificate shall be signed by the revising barrister in open court, and any ratepayer present shall have a right to inspect the account of expenses delivered in by the overseers, and to object to any item or items included therein, before such account is allowed by the revising barrister, who shall hear any such objection and make a decision respecting the same. By the tliirtieth section of the Parliamentary and Muni- cipal Registration Act, 1878 (41 & 42 Vict. c. 26), where the whole or part of the area of a municipal borough is co-extensive with or included in the area of a parliamentary borough, the expenses properly incurred by the overseers in carrying into effect the provisions of this Act with respect to the lists of parliamentary voters and burgess lists, and all moneys received in respect of any of those lists, or in respect of any fine imposed by the revising barrister ou the revision of the lists, shall be respectively paid and applied as follows : — (1) If the area of the parliamentary borough and the area of the municipal borough are co-extensive, one-half of the expenses shall be defrayed in the manner provided by the Parliamentar)- Registra- tion Acts as expenses incun-ed tliereunder, and the 48 County Electors Act, 1888. Notes to other half shall be defrayed out of the borough Sect. 8. fund, and one-half of the moneys receivetl as aforesaid shall be applied in the manner directed by tliose Acts, and the other half shall be paid to the borough fund : (2) In all other cases, the expenses and receipts in respect of the area common to the parliamentary borough and to a municipal borough shall, as to one-half thereof, be defrayed and applied as expenses and receipts under the Parliamentary Registration Acts, and shall as to the other half thereof be defrayed out of and paid to the borough fund of such municipal borough : And the expenses and receipts of an area exchisively parliamentary shall be defrayed and applied as expenses and receipts under the Parliamentary Eecristration Acts: And the expenses and receipts of an area exclusively municipal shall be defrayed out of and paid to the borough fund of the municii^al borough com- prising such area : Any expenses and receipts incurred or arising in respect of more than one such area shall be apportioned between the several areas in respect of which they are incurred or arise, in the proportion as nearly as may be in which the same are incurred and arise in respect of the several areas, regard being had to the number of parliamentary voters or burgesses in each area, or any other circumstances occasioning the expenses or giving rise to the receipts. The revising barrister shall, as part of the business of the revision, determine, if necessary, in respect of what area or areas any expenses or receipts are incurred or arise, and how much thereof is attributable to each area. Expenses As regards the payment and application of the expenses of'cicrks'of and receipts of the clerk of the peace and town clerk, the Expenses and Receii^its. ^" Eeristration of Electors Acts provide in effect as follows, Notes to • beet. 8. VIZ. : — Kjv^v" Their expenses were by section thirty-one of the Repre- the peace i^ •' •' ^ ami town sentation of the People Act, 1867 (30 & 31 Vict. c. 102), dcrks. defined to include all proper and reasonable fees and charges for trouble, care, and attention in the performance of the services imposed by these Acts, and by section thirty- eight of the Parliamentary and Municipal Registration Act, 1878 (41 k 42 Vict. c. 20), to include also the expenses properly incurred by a clerk of the peace or town clerk as respondent to an appeal, including any costs which he might be ordered to pay to the appellant. The first of these enactments was passed in consequence of the decisions in Reg. v. Kirujston-ujmi-HuU (1853), 2 Ell. & Bl. 182 ; Beg. V. Kingston-upon-Hull (1853), 25 L. T. 197 ; and Reg. V. Allday (1857), 26 L. J. Q. B. 292, to the effect that " expenses " under the Parliamentary Voters Registration Act, 1843 (6 & 7 Vict. c. 18), only included money actually paid or disbursed by the clerk of the peace or town clerk in respect of his services under that Act ; and that is why the like enactment is contained in the paragraph now under discussion. The receipts included the proceeds of sales of copies of the register, and the fines imposed by the revising barrister. Of these expenses and receipts it was the duty of the clerk of the peace and town clerk respectively to keep accounts, and the clerk of the peace had to account for or pay over his receipts to the county treasurer, to be applied in aid of the county rate, and the town clerk had to account for or pay over his receipts to the overseers of the various parishes in his borough, to be applied in aid of the poor rate, each parish receiving a share proportionate to the number of its voters, as compared with the number on the lists for the other parishes in the same borough. (Parlia- mentary Voters Registration Act, 1843, 6 & 7 Vict. c. 18, s. 53.) The account of the expenses of the clerk of the peace had to be laid before quarter sessions, and such expenses as E 50 County Electors Act, 1888. Notes to were allowed by f|iiarter sessions were paid to him on their Sect. 8. order out of the public stock of the county by the county treasurer. (Ibid. s. 54.) The expenses of the town clerk were defrayed out of the poor rates, each j^arish contributing in proportion to tbe number of its voters as compared -with the other parishes in the borough ; and an account of the expenses, and of the contributions thereto payable by each parish, had to be laid before the town council, or before the quarter sessions, if the borough was only a parliamentary and not a muni- cipal borough, and such amount as they allowed was paid by the overseers out of the poor rates accordingly. (Ibid. s. 56.) The arrangement, however, which is made by the para- graph now under discussion assumes that the Local Government Bill will be passed in its present form, so far as the main outlines are concerned, before the payment and application of the expenses and receipts of this year's registration come to be settled, but by section eleven of this Act provision is made that in case that bill should not be jDassed in time, the expenses and receipts of the clerks of the peace and town clerks shall be paid and applied as formerly. If the bill does pass in time, the particular machinery for the payment of expenses, which is to super- sede the present method of allowance and order, or certi- ficate, will be provided for therein. ^e^™era. Q^ Every barrister appointed to revise any list iln-TSers of voters Under the Parliamentary Voters Eegis- butionby"' tration Act, 1843, shall be paid the sum of two authorities, hundred and fifty guineas by way of remuneration to him, and in satisfaction of his travelling and other expenses, and every such barrister, after the termination of his last sitting, shall forward his appointment to the Commissioners of Her Majesty's Treasury, who shall make an order for Revisinfj Barristers. 51 the payment of the above sum to every such Notes to barrister. The maximum amount to be paid to an iidJitional barrister in pursuance of the Revising Barristers Act, 1886, shall not exceed the amount ^f 4*'" ^'*^* authorised by this section to be paid to a revising barrister. The sums so paid to a revising barrister or an assistant barrister shall be payable partly out of moneys provided by Parliament and partly by the county authorities, as hereinafter mentioned. (1.) There shall be annually paid by the county authority of every county out of the county fund into Her Majesty's Exchequer such sum as the Treasury certify to be one-half of the cost in- curred for the payment of revising barristers at the then last revision of the lists of parliamentary electors, burgesses, and county electors in that county. (2.) The Treasury shall yearly ascertain the total cost of the revising barristers appointed for all the counties and boroughs on any circuit, and shall divide one-half of such cost amon o Act, 1885, in like manner as expenses or receipts of the clerk of the peace for such area under the Regis- tration of Electors Acts, and by and under the direction of the council of every municipal borough County Electors Act, 1888. 79 which is also a parliamentary borough out of and into Sect. 11. the borough fund, and the amount to be paid for revising barristers shall be apportioned between such quarter sessional areas and boroughs upon the prin- ciples above mentioned in this Act. 12. A list of persons occupying property in a ^^g^^** county, and residing within fifteen miles, but more ^g^^n^ than seven miles from the county, shall be made out ^^'^Jn in accordance with section forty-nine of the Municipal ^'^ty. Corporations Act, 1882, and that section shall apply as if it were herein re-enacted, with the substitution of *' county " for " borough," and of " county elector " for " burgess," and of " clerk of the peace " for " town clerk."' 13. All precepts, notices, and forms required for the ^yrk^o^the purposes of the Registration of Electors Acts shall be p®''*** altered in such manner as may be declared by Her Majesty in Council to be necessary for carrying into eflfect this Act, and clerks of the peace and town clerks shall alter theii* precepts and forms accordingly, and if clerks of the peace or town clerks have sent out pre- cepts to the overseers before the passing of this Act, they shall send to them such supplemental precepts as are necessary or dosii'able for instructing them to carry into effect this Act. 14. In this Act, unless the context otherwise re- Deflniuons. quires, — The expressions " urban district " and "rural dis- trict" respectively mean an ur'jan or rural sani- 80 Appendix. Sect. 14. ^^^y district, also any urban or rural district under any Act of the present session of Par- liament ; The expression "clerk of the peace" means, in the event of the establishment of a county authority, the person acting as clerk of that authority, and such person shall act as clerk of the peace through- out the whole county of such authority, both for the purposes of this Act and of the Registration of Electors Acts ; subject nevertheless — (a) to the provisions of the Registration Act,. 1885, respecting the case of any parlia- mentary county extending into more county quarter sessional areas than one, and (h) to the proviso that where at the passing of this Act any clerk of the peace acts as clerk of the peace under the Registration of Electors Acts he shall continue so to act, but shall act as deputy of the person acting as clerk of the peace by virtue of this Act. Transitory 15. In the year one thousand eight hundred and asto'thT" eighty-eight, notwithstanding anything in this Act or the enactments appHed by this Act, the revision of the lists of parhamentary voters and county electors may be later than the twelfth day of October, so that it be not later than the thirty-first day of October, and the register of county electors shall be completed on or before the thirty-first day of December in the said year, and shall come into operation on the first day of year 1888. County Electors Act, 1888. 81 January, one thousand eight hundred and eighty-nine, Sect. 15. and shall continue in operation until the next register of county electors comes into operation. In the year one thousand eight hundred and eighty- eight, notwithstanding anything in this Act or the enactments thereby applied, the clerk of the peace in a county may, if he thinks fit, instead of directing the occupiers' list to be made out in three divisions as pro- vided by the Registration of Electors Acts, direct the overseers to make supplemental lists containing the names which would otherwise be contained in division two and division three of the occupiers' list respectively, and the names so contained in the supplemental list corresponding to division two shall be struck by the revising barrister out of division one of the list, and the supplemental list corresponding to division two or division three shall be treated as if it were division two or three of the said list, as the case may be. G 82 Appendix, SCHEDULE. Kegistbation Act, 1885. Sect 3. Definition of Ten Pounds Occiqoation Qualification. Ten pounds A person entitled to be registered as a voter in respect quaMca^'^ of a ten pounds occupation qualification in a borough, tion. mliuicipal or parliamentary — (a) must during the whole twelve months immediately preceding the fifteenth day of July have been an occupier as owner or tenant of some land or tene- ment in a parish [or townshii^] of the clear yearly value of not less than ten pounds ; and (h) must have resided in or within seven miles of the borough, during six months immediately preceding the fifteenth day of July; and (c) such person, or some one else, must during the said twelve months have been rated to all poor rates made in respect of such land or tenement ; and {d) all sums due in respect of the said land or tenement on account of anj poor rate made and allowed during the twelve months immediately preceding the fifth day of January next before the registra- tion, or on account of any assessed taxes due before the said fifth day of January, must have been paid on or before the twentieth day of July. If two or more persons jointly are such occupiers as above mentioned, and the value of the land or tenement is such as to give ten pounds or more for each occupier, each of such occupiers is entitled to be registered as a voter. If a person has occupied in the borough different lands or tenements of the requisite value in immediate succession during the said twelve months, he is entitled in respect of the occupation thereof to be registered as a voter in the parish [or township] in which the last occupied land or tenement is situate. 83 APPEISTDIX IT. KOTE ON THE SUPPLEMENTAL PRECEPTS Note to AND FORMS FOR THE YEAR 1888. Precepts. There has been some cleLay in the issue of the Supple- mental Precepts and Forms for the current year under section thirteen of the Act, which has retarded the publica- tion of this book, as it was felt that the practical value of any edition of the Act without those Precepts and Forms would be seriously lessened. Now, however, that those Precepts and Forms have at length been prepared and issued, a few remarks upon them seem to be necessary. It is to be obser-\'ed that these Precepts and Forms are not issued as sanctioned by any Order in Council under section thirteen of the Act, but derive whatever authority / they may possess in relation to their use by Town Clerks / and Clerks of the Peace, as being prepared and issued by and at the instance of the Local Government Boai'd, which has never before intervened in such matters, l)ut wlxich will be under the provisions of the Local Government Bill intimately concerned in the settlement of the boundaries of local government areas. In all the Supplemental Precepts alike no notice has l)een taken of the fact that a ten pounds burgess occuiiier will not be entitled to be registered as a county elector or enrolled as a burgess unless he has, on or before the 20th July next, paid all sums on account of assessed taxes due before the fifth of January last. g2 84: Appeiidix. Note to This is of small importance as regards the registration of ecepis. |.gj^ pounds burgess occujiiers in parliamentary or merged parliamentary boroughs, because there the same thing is required of i^arliamentary ten pounds occupiers, nor will it matter in any case where the subject-matter of a ten pounds burgess occupation qualification consists of land only, for the inhabited house duty is the only kind of assessed tax the non-payment of which will now disqualify. But it is as well to remember that a house may be the subject-matter of a ten pounds occupation qualification as well as land, and that many persons may, no doubt, claim to be registered as county electors or burgesses in respect of houses of sufiicient value in which they may have resided only six months, or in respect of which they may possibly not have paid county rates, in which cases they will not be qualified unless they have paid the inhabited house duty. The Supplemental Precept of the Clerk of the Peace has a note appended to it upon its ajiplication to parishes in municiiDal boroughs to which the Parliamentary and IVIunicipal Registration Act, 1878, does not apply. Tliis note seems hardly sufiicient to meet the case. By sub- section (1) (a) of section 4 of the Act the Registration of Electors Acts are to apply to every such municipal borough in like manner as if it were a borough to which sub-section two of section six of tlie Registration Act, 1885, applied (sub-section one of which section is hereby repealed). Sub-section two of section six of that Act (as noted in the notes to section four) enacts that the Parlia- mentary and Municipal Registration Act, 1878, shall apply to such municipal borough, subject nevertheless {inter alia) to paragraph (c), whereby " The overseers of every parish in such municii^al borough shall send to the clerk of the peace for the parliamentary county two copies of the lists County Electors Act, 1888. 85 of voters at the same time at wliich they send copies to the Note to town clerk, and the lists of voters for a parish in sucli P borough, when revised, shall be transmitted by the re- vising barrister to such clerk of the peace, and dealt with by him as with other lists in his county ; but, save as aforesaid, the town clerk of the municipal borough shall, until such transmission, act as and be deemetl to be the tovN'u clerk within the meaning of the Parliamentary Eegistration Acts and this Act in relation to such parish, and the clerk of the peace shall not act in relation to the registration of occupation voters in such parish." This seems to make it necessary for the to\vn clerk of such municipal borough to issue the necessary supple- mental precept, and expressly to forbid the clerk of the peace for the parliamentary county to do so. If the clerk of the peace, however, does in fact do so, probably the lists of voters will not be invalidated thereby ; but the expenses of the clerk of the peace in relation thereto ought, so it seems, to be disallowed, because under sections eight and eleven of the Act these expenses ought to fall on the borough fund, and not upon the county. Moreover, the overseers are not directed by this precept to make out a list of persons entitled to be elected coun- cillors and aldermen of such municipal borough, thougli not entitled to be on the burgess roll thereof, because they liave been resident beyond seven miles though within fifteen miles of such municipal borough. It seems that the overseers ought to do this, because the Local Govern- ment Bill, even if it does pass this year, does not apparently, ) at least in its present form, abolish altogether the municipal council of any such small borough. The forms, also, when used for the purposes of the regis- tration of occupation voters and burgesses in such a muni- cipal borough, will require careful handling; for instance, the 86 Appendix. Note to forms of notices as to rates appended to the Supplemental Precepts. Precept of the Town Clerk, Form B., would be much more easily adjusted to such use than the forms of notices as to rates appended to the Supplemental Precept of the Clerk of the Peace. As to the Supplemental Precepts to be issued by the Town Clerk, Form A. omits all mention of any list of persons entitled to be on the list of persons entitled to be county councillors though not entitled to be on the burgess roll, because not resident within seven miles of the borough though resident Avithin fifteen miles of the county. It is quite conceivable that such a list may be wanted, for there may be a parish situated within a municipal and Avitliin a parliamentary borough, and at the same time situate also wdthin the county of a council under the Local Government Bill. The boundaries of counties of councils under that Bill are given in the notes to section 2 of the Act. The Supplemental Precept of the Town Clerk, Form B., does not appear to call for any further remark. 87 FORM OF SUPPLEMENTAL PRECEPT OF THE ^^'^S^Pj CLERK OF THE PEACE TO THE OVERSEERS o/peace IN THE YEAR 1888. Registration op Parliamentary Voters and County Electors. County oi 1 rp^ ^-^^ overseers of the poor of the parish of to wit J • i'^^ °^ *^^ township of ]. In pursuance of the provisions of the County Electors Act, 1888, I require your attention to the following in- structions respecting the registration of parliamentary voters and county electors. This precept is supplemental to my former precept which I sent you in April last. 1. In this precept the expression "county electors" means persons entitled to be registered in respect of the old burgess qualitication or of the ten pounds occupation burgess qualification. 2. A county elector may be a man or a woman, but County must be of full age and not subject to any legal incapacity, and must not at any time within the twelve months next before the fifteenth day of July next have received any parochial relief ; but where a person has received for him- self or for any member of his family any medical or surgical assistance, or any medicine, at the expense of any poor rate, he is not thereby deprived of his right to be registered. 88 Appendix. Precept 3. A person entitled to be registered as a county elector ot p/arp ^^ respect of the old burgess qualification — Old burgess (^*) ^^^^^ during the whole of the twelve months immedi- quaiiflca- ately preceding the fifteenth day of July next have been an occupier of a house, warehouse, 1 counting-house, shop, or other building in your parish [or township] ; and (6) must have resided during those twelve months in the county or within seven miles thereof ; and (c) such person or some one else must during the said twelve months have been rated to all poor rates made in respect of the qualifying property ; and {d) all sums due in respect of the qualifying property on account of any poor rate made and allowed, during the twelve months immediately preceding the fifth day of January last, must have been paid on or before the twentieth day of July next ; and (e) if the county rate is not levied with the poor rate all sums due in respect of the qualifying property on account of any county rate made during the twelve months immediately preceding the fifth day of January last must have been paid on or before the twentieth day of July next. A person is entitled to be registered in respect of the old burgess qimlification notwithstanding that he has permitted his dwelling-house to be occupied as a furnished house for a time not exceeding four months, and during that time has not resided as above mentioned. If two or more persons are joint occupiers of property qualifying for the old burgess qualification, each such occupier is entitled to be registered. County Electors Act, 1888. 81:^ 4. A person entitled to be registered as a county elector Precept in respect of the ten pounds occupation burgess (j[ualifica- qI Peace tiou — ^ — . Ten pounds la) must durinf' the whole twelve months immediately occiiimtiou preceding the fifteenth day of July have been an fi.iwii"f;i- occupier as OAvner or tenant of some land or tene- ment in your parish \or township] of the clear yearly value of not less than ten pounds ; and {b) must have resided in or within seven miles of the county during six months immediately preceding the fifteenth day of July next ; and (c) such person, or some one else, must during the said twelve months have been rated to all poor rates made in respect of such land or tenement ; and (f/) all sums due in respect of the said land or tenement on account of any poor rate made and allowed during the twelve months immediately precedmg the fifth day of January last, must have been paid on or before the twentieth day of July next. If two or more persons jointly are such occupiers as above mentioned, and the value of the land or tenement is such as to give ten pounds or more for each occupier, each of such occupiers is entitled to be registered as a voter. 5. If a person has occupied in immediate succession during the said twelve months different premises in the county which would (qualify him for registration as a county elector, he is entitled, in respect of the occupation thereof, to be registered as a county elector in the parish \_or town- ship] in which the last occupied premises are situate. 6. A person who is entitled to be registered as a county Quaiin- elector in all respects except that of residence, and is resi- counciu'oi\<. DO Appendix;. Precept by Clerk of Peace. Parliamen- tary occu- pation voters. ■General qualifi- cation. Fifty pounds rental quali- fication.' dent beyond seven miles, but witbin fifteen miles, of the said county, is entitled to be on tbe list of persons entitled to be elected councillors though not entitled to be on the county register. 7. In this precept the expression " parliamentary occu- imtion voters " means persons entitled to be registered as parliamentary voters in respect of, — (a.) a fifty pounds rental qualification as hereafter defined in paragraph 9 of this precept ; (&.) a ten pounds occupation qualification as hereafter defined in paragraph 10 of this precept ; or (c.) a household qualification as hereafter defined in paragraph 11 of this precept ; or {d.) A lodger qualification as hereafter defined in j)ara- graph 12 of this precept. 8. Every person entitled to be registered as a parliamen- tary occupation voter must be a man of full age and not subject to any legal incapacity, and must not at any time during the twelve months immediately preceding the fifteenth day of July next have received any parochial relief, but where a person has received for himself or for any member of his family any medical or surgical assist- ance, or any medicine, at the expense of any poor rate, he is not thereby deprived of his right to be registered. 9. A person entitled to be registered as a parliamentary voter in respect of a fifty pounds rental qualification — («.) must on the fifteenth day of July next be an occu- pier as tenant of some land or tenement for which he is bona fide liable to a yearly rent of not less than fifty pounds ; and (&.) must have occupied such land or tenement for the whole of the twelve months immediately preceding the fifteenth day of July next ; and Countij Electors Act, 1888. yi (c.) must have been registered as a voter in respect of Precept the said occupation in the register of voters in orPeace force during the year one thousand eight hundred and eighty-four. If two or more persons jointly are such occupiers as above mentioned, and the rent is such as to give fifty pounds or more for each occupier, each such occupier, if he was registered in respect of the said occupation as aforesaid in the year one thousand eight hundred and eighty -four, is entitled to be registered as a parliamentary voter. 10. A person entitled to be registered as a parliamentary occnpation'' voter in respect of a ten pounds occupation qualification — tion '^'^^' (a) must on the fifteenth day of July next be, and during the whole twelve months immediately preceding that day have been, an occupier, as owner or tenant, of some land or tenement in your parish \_or township] of the clear yearly value of not less than ten pounds ; and (h) such person, or someone else, must during those twelve months have been rated to all poor rates made in respect of such land or tenement ; and (c) all sums due in respect of the said land or tenement on account of any poor rate made and allowed during the twelve months immediately preceding the fifth day of January last must have been paid on or before the twentieth day of July next. If two or more persons, jointly, are such occupiers as above mentioned, and the clear yearly value of the land or tenement is such as to give ten pounds or more for each occupier, two of such occupiei-s are entitled to be registered as parliamentary voters ; but no more are so entitled (unless they derived the property by des^nt, succession, seo 30 & 3i 92 Append Lv. Precept marriage, marriage settlement, or devise, or) unless they y are londfide engaged as partners carrying on trade or busi- — " ness thereon, in any of which cases all may be registered, if Vict. c. 102 ' -J J o J s. 27! * ' the clear yearly value is sutficient to give ten pounds for each occupier. If a person has occupied different lands or tenements in your divison [or county] of the requisite value in imme- diate siiccession during the said twelve months he is entitled in respect of the occuj)ation thereof to be registered as a parliamentary voter in the parish [or township] in which, the last occupied land or tenement is situate. ^"^im'"'*''^ 11. A person entitled to be registered as a parliamentary tion. voter in respect of a household qualification — (a) must on the fifteenth day of July next be, and for the whole twelve mouths immediately preceding that day (except the time (if any) not exceeding four months during which he has permitted the house to be occvipied as a furnished house), have been, an inhabitant occupier of some dwelling- house in your parish [or township], or of some part of a house separately occupied as a dwelling ; and (6) such person or someone else must during those twelve months have been rated to all poor rates made in respect of the said dwelling-house ; and (c) all sums due in respect of the said dwelling-house on account of any poor rate made and allowed during the twelve months immediately preceding the fifth day of January last must have been paid on or before the twentieth day of July next. If two or more persons are joint occupiers of a dwelling- house no one of them is entitled to be registered as a par- County Electors Art, 1888. 93 liamentary voter in respect of a household qualification in Precept respect thereof, thouf,'h if the value is sufficient, one or ^f pg^^g^ more of them may be entitled under paragraph 10 above. If a person has occupied different dwelling-houses in your division [or county] iu immediate succession during the said twelve months he is entitled in respect of the occupation thereof to be registered a.s a parliamentary voter in the parish [or township] in which the last occupied dwelling-house is situate. If a person inhabits a dwelling-house by virtue of any office, service, or employment, and the dwelling-house is not inhabited by any person under whom such man serves in such office, service, or employment, he is to be considered as an inhabitant occupier of that dwelling-house. tlOIU 12. A person entitled to be registered as a parliamentary ^j^'if^ca- voter in respect of a lodger qualification — (a) must have claimed to be registered ; and (6) must have occupied separately as a lodger for the whole twelve months immediately preceding the fifteenth day of July next, lodgings, being part of one and the same dwelling-house in your parish [or township], and being of a clear yearly value, if let unfurnished, of ten pounds or upwards; and (c) must have resided in such lodgings during the said twelve months. If two or more persons are joint lodgers, and the value of the lodgings is such as to give ten pounds or more for each lodger, two of such persons but no more are entitled to be registered as parliamentary voters. If a person has occupied different lodgings of the requisite value in the same house in immediate succession, he is 94 Appendix. Precept entitled to be registered as a parliamentary voter in respect oy Clerk of the occupation thereof. of Peace- 13. In addition to the Form B. which is required by paragraph 27 of my former precept to be published, you must, on or before the twentieth day of June next, publish in manner directed by paragraph 19 of my former precept, a notice signed by you according to the Form marked B, No. 2 among the printed forms sent herewith. 14. Form C. No. 1 sent herewith must be substituted for the Form C. No. 1 which I sent with my former precept, and which is required by paragraph 28 of my former pre- cept to be served on or before the twentieth day of June. 22nd July. 15. If the sum due on account of poor rate or (if required) of county rate, in respect of any property is not paid on or "before the twentieth day of July next, as required by the said notice, all occupiers of that property are disqualified from being entered in any list of county electors in respect of the old burgess qualification, or the ten pounds occupa- tion bvirgess qualification (as the case may be) ; and on or before the twenty-second of July next you are to add to the list mentioned in j)aragraph 29 of my former precept the name of every person so disqualified. 22n(i Jniy. 16. You are to ascertain, in accordance with paragraph 31 of my former precept, the names of all persons who are disqualified from being inserted in any list of county electors for your parish [or township] by reason of having received parochial relief. 17. The occupiers' list, which you were directed by paragraph 34 (a) of my former precept to make out on or before the last day of July next, in the Form E. sent with that precept, must include the names of all jjersons entitled County Electors Act, 1888. 95 to be registered as county electors, and must be made out Precept DV Clerk in three divisions in the Form E. sent herewith : ^^ Peace- Division 1 is to comprise the names of the persons entitled to be registered both as parliamentary occupation voters as defined in paragraphs 9 to 12 of this precept other than lodgers, and as county electors. Division 2 is to comprise the names of the persons entitled to be registered as parliamentary occupation voters other than lodgers, but not as county electors. Division 3 is to comprise the names of the persons entitled to be registered as county electors, but not as parliamentary occupation voters. In Division 3 of such occupiers' list the nature of an old burgess qualification should be stated thus : " house," "warehouse," "counting-house," "chambers," or, as the case may be, with the addition of "joint" or " successive," if necessary. 18. You will also, on or before the last day of July next, 3ist July. make out a list in the form G. sent herewith, of all persons ■who, as mentioned in paragi-aph 6 of this precept, are entitled in respect of the occupation of property within your parish [or township] to be elected councillors of your county, l)ut are not entitled to be on the county register thereof. Paragraph 37 and the subsequent paragraphs of my former precept will apply to this list as if it were one o the lists there mentioned, and you are to make out a sepa- rate objection list and claim list in relation to such list of persons entitled to be elected councillors, and deal with the same in manner directed by paragraphs 41 to 45 of my former precept respecting the occupiers' claim and objection lists. S6 x\ppemlix. Precept 19. Forms H., I., K., L., and M., among the printed /-rT forms sent lierewitli must be substituted for the forms H., 01 Pe^Lce ' I., K., L., and M., sent with my former precept. If you fail to comply with this precept jo\x will be liable to the j)enalties in that case provided. Given under my hand this day of , 1888. (Signed) Clerk of the Peace for tlie County of Application of Precept to Parish in small Municipal Borough. Where a parish is in a municipal borough in which the lists of parliamentary voters are not made out under the Parliamentary and Municipal Kegistration Act of 1878, the supplemental precept and forms issued by the clerk of the peace to the overseers of that parish will be the same as the foregoing precept and forms, with the substitution, wherever necessary, of " burgess " for "county elector," of "municipal borough " for " county," and of " burgess roll " for " county register," and wdth the addition of the foUowing paragraph: 25th Aug. On or before the twenty-fifth day of August next yoa are, besides delivering to me the documents mentioned in paragraph 45 of my former precept, to deliver to the town clerk of the municipal borough in which your parish [or township] is situate two copies of the occupiers' list and of the list required by paragraph 18 of this precept to be made out in the Form G. sent herewith, and a copy of each of the occupiers' claim and objection lists, made out and signed by you. 97 FORM OF SUPPLEMENTAL PRECEPT OF THE TOWN CLERK TO THE OVERSEERS IN THE YEAR 1888. Form B.— Parishes within a Parliamentary Borough, BUT NOT within A MUNICIPAL BOROUGH. Registration of Parliamentary Voters and County Electors. Parliamentary ] borough of I To the overseers of the poor of the parish ^"""*^ '^«« ^«^• J ^^ [or ofthe township of ]. In pursuance of the provisions of the County Electors Act, 1888, I require your attention to the following instruc- tions respecting the registration of parliamentary voters and county electors. This precept is supplemental to my former precept which I sent to you in April last. 1. In this precept the expression "county electors" County means persons entitled to he registered in respect of the old ^^^^"^ hurgess qualification or of the ten pounds occupation burgess qualification. The expression "parliamentary voter" has the same meaning as in my former precept, 2. A county elector may be a man or a woman, but must be of full age and not subject to any legal incapacity, and must not at any time within the twelve months next before the fifteenth day of July next have received any parochi;d relief, but where a person has received for himself, or for any member of his family, any medical or surgical assist- H 9B Appendix. Precept ance, or any medicine, at the expense of any poor rate, he Clerk ^^ ^^^ thereby deprived of his right to be registered. Old burgess 3. A person entitled to be registered as a county elector tion. *^^" ill respect of the old burgess qualification — (a) must dming the Avhole of the twelve months imme- diately preceding the fifteenth day of July next have been an occupier of a house, warehouse, counting-house, shop, or other building in your parish [or township] ; and (6) have resided during those twelve months in the county or within seven miles thereof ; and (c) such person or some one else must during the said twelve months have been rated to all poor rates made in respect of the qualifying property ; and (rf) all sums due in respect of the qualifying property on account of any poor rate made and allowed, during the twelve months immediately preceding the fifth day of January last, must have been paid on or before the twentieth day of July next ; and (e) if the county rate is not levied ■\\-ith the poor rate, all sums due in respect of the qualifying property on account of any county rate made during the twelve months immediately preceding the fifth day of January last, must have been paid on or before the twentieth day of July next. A person is entitled to be registered in respect of the old burgess qiialification notwithstanding that he has permitted his dwelling-house to be occupied as a furnished house for a time not exceeding four months, and during that time has not resided as above mentioned. If two or more persons are joint occupiers of property qualifying for the old biu'gess qualification, each such occupier is entitled to be registered. Countrj Electors Act, 1888. 99 4. A person entitled to be registered as a county elector Precept ill respect of the ten pounds occupation burgess ciualiii- ^^?'°)^'^ ClerK, cation — — Ten pounds (o) must during the whole twelve months immediately occupation preceding the fifteenth day of July have been an quaiiflca- occupier as owner or tenant of some land or tene- ment in your parish [or township] of the clear yearly value of not less than ten poiuids ; and {h) must have resided in or within seven miles of the said parliamentary borough during six months imme- diately preceding the fifteenth day of July next ; and (c) such person , or some one else, must during the said twelve months have been rated to all poor rates made in respect of such land or tenement ; and ((/) all sums due in respect of the said land or tenement on account of any poor rate made and allowed during the twelve months immediately precedmg the fifth day of January last, must have been paid on or before the twentieth day of July next. If two or more persons jointly are such occujjiers as above mentioned, and the value of the land or tenement is such as to give ten pounds or more for each occupier, each of such occupiers is entitled to be registered as a voter. 5, If a person has occupied in immediate succession Succession, during the said twelve months diftereut premises in the .said parliamentary borough which would qualify him for registration as a county elector in respect of the old or ten pounds occupation burgess qualification, he is entitled, in re.-pect of the occupation thereof, to be registered as a county elector in the parish \or township] in which the li^t occupied premises are situate. n2 100 Appendix. Precept 5a. A person who is entitled to be registered as a county by Town elector in all respects except that of residence, and is Clprk ' resident beyond seven miles, but within fifteen miles, of Son^of'^^' ^^^ ^^^^ county, is entitled to be on the list of persons councillor, gj^titled to be elected councillors though not entitled to be on the county register. 20th June. 6. On or before the twentieth day of June next you are to publish, in manner directed by paragraph 19 of my former precept, a notice signed by you according to the Form B. No. 2 among the printed forms sent herewith. 20th June. 7. The notice which you are directed by paragraph 27 of any former precept to give on or before the twentieth day of June must be in Form C. No. 1 among the printed forms sent herewith, instead of the Form C. No. 1 previoiisly sent. 22aa July. 8. If the sum due on account of poor rate or (if required) of county rate in respect of any property is not paid on or before the twentieth day of July next, as mentioned in the said notice, all occupiers of that property are disqualified from being entered in any list of county electors in respect of the old burgess qualification or the ten pounds occupa- tion burgess qualification (as the case may be); and on or before the twenty-second of July next you are to add to the list mentioned in paragraj)h 28 of my former precept the name of every person so disqualified. 9. You are to ascertain, in accordance with paragraph 29 of my former precept, the names of all persons who are disqiialified from being inserted in any list of county elec- tors for your parish [or township] by reason of having received parochial relief. 3l.st July. 10. The occupiers' list which you are directed by para- graph 30, sub-paragraj^h (a), of my former jjrecept to make County Electors Act, 1888. 101 out, must be made out in the Form D., No, 1, sent here- Precept with, instead of in the form sent before, and must be made "7 Town out in three divisions : ' Division one is to comprise the names of the persons entitled both to be registered as parliamentary voters in respect of a ten pounds occupation or household qualification and to be enrolled as county electors. Division two is to comprise the names of the persons entitled to be registered as parliamentary voters in respect of a ten pounds occupation or household qualification, but not to be enrolled as county electors. Division three is to comprise the names of the persons entitled to be enrolled as county electors, but not to be registered as parliamentary voters in respect of a ten pounds occupation or household qualifi- cation. Where you are required to make out such occupiers' list according to the streets or the order in which tlie qualifying premises occur in the rate book, you will continue to make out the list in that manner. In making out Division 3 of the occupiers' list, the nature of the old burgess qualification should be stated thus : "house," "warehouse," " counting-house," " chambers," or, as the case may be, with the addition of "joint," or "suc- cessive," if necessary. 11. You will also, on or before the last day of July next, 31st July, make out a list in the Form G. sent herewith of all persons who, as mentioned in paragraph 6 of this precept, are entitled, in respect of the occupation of property A\-ithin 102 Appendix. Precept yoiir parish [or township], to be elected councillors of your by Town county, but are not entitled to be on the county register Clerk, thereof. Paragraph 31, and the subsequent paragraphs of my former precept, will apply to this list as if it were one of the lists there mentioned, and you are to make out a sepa- rate objection list and claim list in relation to such list of persons entitled to be elected councillors, and deal with the same in manner directed by paragraphs 35 — 39 of my former precept respecting the occupiers' claim and objec- tion Ust. If the officer issu- ing the precept is not the town clerk of a muni- cipal borough, he should append to his signa- ture his ]iroper official iloscription. 12. Forms H., I., K., L., and M., among the printed forms sent herewith, must be substituted for the Forms H., I., K., L., and M., sent with my former precept. If you fail to comply with this precept, you will be liable to the penalties in that case provided. Given under my hand this day of (Signed) A.B., Town Clerk of the Municipal Borough of 103 FORM OF SUPPLEMENTAL PRECEPT OF THE Precept TOWN CLERK TO THE OVERSEERS IN THE ^^ ^°^ YEAR 1888. ^ZL Form A. — Parisues in Municipal Boroughs where THE Lists are now made out under the Parlia- mentary AND Municipal RegistrxVtion Act of 1878. Enrolment of Burgesses. Municipal borough ) Tq ti^g overseers of the poor of the to wit. ) Pari'^'i [^'" townshiij] of In pursuance of the provisions of the County Electors Act, 1888, I reiiuire your attention to the following in- structions respecting the enrolment of burgesses. Tills precept is supplemental to my former precept which I sent to you in April last. 1. Persons are entitled to be enrolled as burgesses in Additional respect of the ten pounds occupation burgess qualification, (inaiinca- as hereafter defined in paragraph 2 of this precept, as well as in respect of the old burgess qualification (that is to say, the qualification described in paragraph 8 of ray former precept). 2. A person entitled to be enrolled as a burgess in respect Ten ponmis of the ten pounds occupation burgess qualification may be burgo^"""^ a man or woman, but must be of full age and not subject uon'."^*^" to any legal incapacity, and must not at any time witliin 104 Appendix, Precept, the twelve months next before the fifteenth day of July by Town ^ext have received any parochial relief ; but where a per- f lPT*lr ' son has received for himself or for any member of his family any medical or surgical assistance, or any medicine at the expense of any poor rate, he is not thereby deprived of his right to be registered ; and — {a) must during the whole twelve months immediately preceding the fifteenth day of July next have been an occupier as owner or tenant of some land or tenement in your parish \or township] of the clear yearly value of not less than ten pounds ; and (&) must have resided in or within seven miles of the said municipal borough during six months imme- diately preceding the fifteenth day of July next ; and (c) such person or some one else must during the said twelve months have been rated to all poor rates made in respect of such land or tenement ; and {d) all sums due in respect of the said land or tenement on account of any poor rate made and allowed during the twelve months immediately preceding the fifth day of January last. If two or more persons jointly are such occupiers as above mentioned, and the value of the land or tenement is such as to give ten pounds or more for each occupier, each of such occupiers is entitled to be registered as a voter. If a person has occupied in the said municipal borough different lands or tenements of the requisite value in immediate succession during the said twelve months, he is entitled in respect of the occupation thereof to be registered Cmntij Electors Act, 1888. 105 as a voter in the parish \or township] m which the last Precept occupied land or tenement is situate. by Town Clerk. 3. A person who is entitled to be registered as a burgess Quaiiflca- in respect of the ten pounds occupation Lurgess qualifica- ^,2ic[iiore tion in all respects except that of residence, and is resident beyond seven miles, but within fifteen miles, of the said municipal borough, is entitled to be on the list of persons mentioned in sub-paragraph (cZ) of paragraph 30 of my former precept as entitled to be elected councillors or alder- men though not entitled to be on the burgess rolL 4. Form B., No. 2, sent herewith must be substituted for 20th June, the Form B., No. 2, which I sent before, and which is required by paragraph 26 of my former precept to be published on or before the twentieth of June. Form C, No. 1, sent herewith must be substituted for 20th June. Form C, No. 1, sent with ray former precept, and required by paragraph 27 of my former precept to be served on or before the twentieth of June. If you fail to comply with this pi^ecept you will be liable to the penalties in that case provided. Given under my hand this day of (Signed) A.B., Toxcn Clerk of the Mimicipal Borough of II^DEX. ABODE, PAGE change of, declaration as to, to be sent to clerk of peace by fifth of September ... 33, 34 place of, of objector, to be truly stated in notice of objection 28 ACCOUNTS, of clerks of peace of tovm. clerks of overseers 49,50 ... 50 ... 46 ADMISSION TO HOSPITAL, when no disqualification... 11, 13 ALMS, receipt of, so as to disqualify ... 12 ALPHABETICAL ORDER, of lists, when necessary ... 25 of Msts, when not required 24,31,32 APPEALS, cases on 33,35,36 entry of 35 first day for hearing 33,35 notice of ... 36, 37 ARRANGEMENT OF LISTS, according to rate book ... 24, 31, 32, 101 in metropolis 32,33 108 Index. ASSESSED TAXES, page payment of, when necessary 17,83,84 list of defaulters 18 ASSISTANT BARRISTEES, application for ... ... ... ... ... 53 appointment of ... ... ... ... ... 53 remuneration of 51,54 ASSISTANT OVERSEERS, appointment of 31 where none, registration officer may be appointed in rural district 23,31 BARRISTERS. See " Assistant Barristers " or " Revising Barristers." BOROUGH, definition of ... ... ... ... ... 4 See also " Parliamentary Borough " or " Muni- cipal Borough." BOROUGHS, to be counties of themselves 5 BUILDING, occupation of, so as to qualify . . . 7 BURGESS QUALIFICATION, old, definition of 88, 98 extended to counties 3—15 ten pounds occupation ...89,99, 103 CERTIFICATE, of justices, as to expenses of clerks of peace 49, 50, 56 of revising barristers, as to expenses of over- b\3cI^o ••• •■• »•• «•• ••• ••• Tx/ of town council, as to expenses of to'mi Ci.vJ?i^S •*• ••« ••• ••• ••• •■• *j\r Index, 109 CIRCUIT, PAGE county of Surrey to be a separate, for appointing barristers ... ... 53 CITY OF LONDON 4 • • • • • • ^ CLAIMS, notices of 28 who may oppose 19, 20 CLAIM AND TENDER, of rates 14, 15 COUNTY, authority 1, 40 boundary of, for first election ... ... 4, 5 councillors 56- -59, 86, 89, 100 definition of • • • • • • ^ districts 30, 59 electors 7—18 of London 5 quarter sessional area 55 rates 10 register ... 37—42, 44 COUNTY RATES, payment of, when necessary 8, 10, 88, 98 ten pounds occupier need not pay 17 DATES, for appointing assistant barristers 53 for completing revision 33 for entry of appeals 30 for hearing appeals ... 34,35,36 for holding revision courts ... 33,34,35 for sending in declarations 34,35 of operations for present year, sec Calendar ... xi 110 Index. DECLARATIONS, PAGE of change of abode 33,35 of misdescription 34,35 DEFINITIONS, of a borough ... 4 of a coiirt of county quarter sessions . . . ... 55 of a county ... 4 of a county quarter sessional area ... 55 of a parish 4—6 of a rural district 30,59 of an urban district 30, 59 of the clerk of the peace under the Act 60, 61 DISTRICT, council 38,44 councillors... ... 44 registers ... ... 38 DIVISION REGISTERS 38,41 DIVISIONS OF OCCUPIERS' LISTS ... 26,^27 DOUBLE ENTRIES, how to be dealt with in counties ... 39, 45 DUPLICATE LISTS, to be signed by revising barristers and delivered to town clerks 41, 42 ELECTORAL DIVISIONS, how constituted 30, 32 lists to be arranged according to 21, 30, 32, 40, 41 ESTATE, necessary to qualification 9,' IT Index, 1 1 1 EXCUSAL OF RATES, PAGE not equivalent to payment 11 not parochial relief 12 EXPENSES, of clerks of the peace 45, 50, 55, 85 of overseers 42,43,45—50 of revising barristers 51, 52, 54—56 of town clerks 42, 43, 45—50 EXTEA-PAROCHIAL PLACES, now abolished 5,6 FORMS, to be issued 50 of supplemental precepts 87 — 105 FULL AGE, what to be reckoned ... ... ... ...8,9 FURNISHED HOUSE, letting of, for not more than four months no disqualification ... ... ... ... 15 GUARDIANS, Avhen they may appoint registration officer 22, 23 HIGH BAILIFFS, of Southwark and Westminster to be town clerks... ... ... ... ... ... 31 HOUSE, part of, may be qualifying property ... 12,13 JOINT OCCUPIERS, of an old burgess qualification 8, 88, 98 of a ten pounds occupation qualification 18, 89, 99, 104 112 Index. LAND, PAGE of clear yearly value of ten pounds may qualify 16, 89, 99, 104 LISTS, of occupation voters, burgesses, and county electors to be made out and revised together 19 when to be made out alphabetically 25 when to be made out in order of rate book 24, 31, 32, 101 MARRIED WOMEN, may not vote 14 METROPOLIS, definition of 5, 33 lists in ... 32 MICHAELMAS SITTINGS, date of ... ... ... ... ... ... 36 MUNICIPAL BOROUGH, application of Acts to 19,24 in a county, town clerk to issue precept for occupation voters and burgesses ... 19, 84, 85 lists for, when co-extensive with electoral divi- sions of parliamentary coimty ... 23,24 NON-RESIDENTS, when qualified to be elected county coimcillors 57, 58, 89, 109 separate Hst of 56,57,90,100 NOTICES, of claim ... ... ... ... ... 28,29 of non-payment of rates {See Calendar) ... xi of objections 27,28 OBJECTIONS, notices of 27, 28 Index* 113 Objections — conhntied. page who may object to local government voters 19, 20 withdrawal and revival of 20,29 OCCUPATION, as guest, lodger, member of corporation, or servant will not (qualify f>, 17 as owner or tenant will c|ualify ... 17 by mere permission docs not qualify 17 joint, when qiialifying 8,18 of land of clear yearly value of 101. . . . 15—18 successive 13 OCCUPATION VOTEES, lists of, to be made out and revised with tli(jse of burgesses and county electors 19 OCCUPIERS' LIST, to be made out in divisions ... 19, 27, 95, 101 supplemental lists in present year 27 PARISH, delinition of -1,5,6 divided 5 not situate in municipal borough ... 19—23, 29 PARLIAMENTARY BOROUGH, town clerk of, to send lists of county electors to clerk of peace for county 21 PARLIAMENTARY COUNTY, to be, with modifications, the county of a council 4, 5 PARLIAMENTARY REGISTRATION ACTS, what are 2 PAROCHIAL RELIEF, what is, so as to disqualify 11,12 I 1 14 Inde.v, PAYMENT OF RATES,. ' page what, necessary for qualitication 10, 11, 17, 88, 89, 98, 99, 104 PEERS, (|ualifie J as local government electors 18 PENALTIES, enactments as, on overseers, apply to registra- tion officer ... 23 POLLING DISTRICTS, how to be settled for purposes of local govern- ment elections 30 lists to lie made out according to ... 21,30 POOR RATES, when made 9 when payable 10 PRECEPTS, supplemental ... ... ... ... 87 — 105 QUALIFYING PROPERTY, definition of , 7 RATES. See " County Rates," " Poor Rates," and " Pay- ment of Rates." RATING, what necessary to qualification ... ... 10, 13, 17 RECEIPTS, of clerks of the peace 45,50,55 of overseers 42,43,45 — 50 of town clerks 42,43,45—50 REGISTRATION OF ELECTORS ACTS, definition of 1,2 Index. 115 REGISTRATION OFFICER, . page appointment of 22, 23, 31 RELIEF. See « Parochial Relief." RESIDENCE, definition of ... ... ... ... ... 9 required period of ... ... ... 9,17 REVISING ASSESSORS, abolished 19, 26 REVISING BARRISTERS, additional ... ... ... ... 52 remuneration of ... ... ... ... 50—53 to revise local government lists 22, 25 RURAL DISTRICTS, definition of 30, 59 SANITARY DISTRICTS, to be county districts for first election ... 59, 60 SCHOOL FEES, payment of, not parochial relief so as to dis- qualify 11 SERVICE OCCUPIERS, not qualified as local government electors 9, 17 SHOP, may qualify for registration as local government elector 8, 12 SUCCESSIVE OCCUPATION. See " Occupation." SUCCESSIVE RATING. See « Rating." 116 Index. SUPPLEMENTAL OCCUPIERS' LISTS, page in present year 27 SUPPLEMENTAL PRECEPTS, and Forms to be issued in present year 69, 87 — 105 TENEMENT, what sufficient to qualify 16 TEN POUNDS OCCUPATION, what qualifies 15—18,89,99,103 TOWN CLERK, in municipal borough to issue precept for occu- pation voters and burgesses 19, 25, 26, 84, 85 meaning of 30,31 to send copies of burgess lists to clerk of the p6clC6 ... •■• ■.. ..• ,.. ,., o7 TRANSITORY PROVISIONS, for the present year 61,62 URBAN DISTRICTS, definition of 30,59 VACCINATION, not parochial relief 11 WARDS, lists to be made out according to 21 WAREHOUSE, may be qualifying property 8,12 WOMEN, right to vote at local government elections 14, 18 London : I'rinted by Shaw k Sons, Feiter Lane & Crane Court, E.G. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. UNIVERSITY OF CALIFORNIA AT 3 Lushinrton - )71 Countv election UC SOUTHERN REGIONAL LIBRARY FACILITY llill ,.,,Y o AA 000 516 459 5 >ST FHHK 5 id. = E lie UeaiiJj J LAW UNION, AND iECOEDES. t ) B Y ACMORRAN, Esq., and Barristers-at-Law. JS 3071 L97c the Peace " are principally Poor Law, Magisterial, and Cases in the Superior Acts of Parliament, [TTED TO THE EDITORS BEE-3, o Parliament — Periodical IS — with a variety of other invaluable to all concerned in the Administration of Justice. A NEW FEATURE HAS JUST BEEN ADDED-REPORTS OF QUARTER SESSIONS. AtAMV^^^X t> ll&V^ 11 Will \J\^ IWUllVJ, SVBSClilJ^TION £1 4s, (id. PEli ANISUM, INCLUDING INDEX. RICHARD SHAW BOND, Publisher, Office, Fetter Lane, E.G.