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DISQUALI- of rates. R. v. Harrald, (1872), L. R., 7 Q. B. 361; 41 L. J., Q. B. 173 (g).
It will have been noticed that three disqualifications are mentioned in the section (r) defining the municipal franchise, viz., being an alien, having received union or parochial relief or other alms, and being disentitled under any Act of Parliament: these will be found fully treated of, together with other disqualifications, in Chapter III. on "Incapacities to Elect," post, p. 189. As to the non-resident persons qualified to be elected councillors, vide post, p. 260, n. (m).
The provisions of the Local Gov. Act, 1894, 56 & 57 ELECTORS. V. c. 73, ss. 2, 44, 75, defining parochial electors, and the register of them, will be found ante, pp. 69, 70. By sect. 44 (2), this register is to include the names of persons on the county register in respect of the ownership of property within the borough.
By sect. 43, ante, p. 70, a woman is not disqualified by marriage for being a parochial elector, but she and her husband cannot "both be qualified in respect of the same property." She must claim every year under sect. 44 (9), post, p. 266, to be placed on the parochial electors' list. Vide ante, p. 71.
Freemen are not, as such, entitled to be parochial electors, for the register of their names does not "relate to a parish," within sects. 2 (1), 44 (1), ante, p. 70. Hart v. Beard, (1896) 1 Q. B. 54; Sm. 9; 65 L. J., Q. B. 157.
By sect. 20 (3), post, p. 612, guardians are to be elected by the parochial electors of the parish, or where it is divided into wards, by the parochial electors registered in respect of qualifications within the ward for which the candidate is standing; and by sect. 30 this provision is extended to every county.
(9) Semble, that a woman rightly on the burgess list, but married before the election, is disqualified. R. v. Harrald, supra. (r) Mun. Cor. Act, 1882, s. 9 (3).
ALL the enfranchising clauses of the R. P. Acts, 1832 PERSONAL and 1867, which confer the right of voting on persons FICATIONS. not previously entitled (a), limit it to male persons
(a) See R. P. Act, 1832, ss. 19, 20, 27; and Id. 1867, ss. 3, 4, 5, 6.
PERSONAL full age," and "not subject to any legal incapacity;" DISQUALI- and the R. P. Act, 1884, which is to be construed as one with the above-named Acts, in no way alters the effect of these words; all the personal disqualifications therefore, whether created by the common law or by statute, existing before the passing of the first of those Acts in the year 1832, still apply to all Registra- voters. Registration, as has been before observed, is in all cases necessary to enable a man to vote, but it does not follow that every one on the register is entitled to vote. The Ballot Act, 1872, 35 & 36 V. c. 33, s. 7, which is now substituted for the previous enactments on this subject (b), enacts that "a person shall not be entitled to vote unless his name is on the register of voters for the time being in force" . . . " and every person whose name is on such register shall be entitled to demand and receive a ballot paper and to vote: provided that nothing in this section shall entitle any person to vote who is prohibited from voting by any statute or by the common law of Parliament." This section applies only to persons who for some inherent, or for the time irremoveable quality in themselves, have not, either by prohibition of statutes, or at common law, the status of Parliamentary electors, e.g., peers, women, felons, persons holding certain offices which disqualify them from voting and the like, and not to disqualifications arising from the receipt of alms, or parochial relief, non-residence, either before or after the registration, or not sufficient, or loss of, qualification, but who have not been objected to at the revision court, and therefore remain on the register. Stowe v. Jolliffe, (1874), L. R., 9 C. P. 734; 43 L. J., C. P. 173; Hayward v. Scott, (1879), 5 C. P. D. 231; Colt. 76; 49 L. J., C. P. 167. It seems that the material period for such personal
Period of disqualification.
(b) The "re-opening" of the register had been the subject of many conflicting decisions by Election Committees. And see Oldham, (1869), 1 O'M. & H. 155, 156, and Bewdley, (1869), Id. 174, cor. Blackburn, J.; Northallerton, (1869), Id. 169, cor. Willes, J.; Ryder v. Hamilton, (1869), L. R., 4 C. P. 559; 38 L. J., C. P. 260.
disqualifications as are above mentioned, or that of PERSONAL infancy, is still July 31st; see Reg. Act, 1878, s. 28 (7), FICATIONS. (11), post, pp. 312, 313; and that it is not affected by sect. 7, which changes the period for qualification to July 15th.
It is to be observed that the R. P. Act, 1832, used the Women. words "male persons," whereas Id. 1867, makes use of the term "man." But the two statutes are in pari materia and to be construed together (see s. 59 of the latter Act), and it has been held therefore (independently of the legal incapacity of women to vote, as evidenced by uninterrupted usage and authority) that the word "man" must be construed to mean "male person," and that women are not entitled to vote either for a borough (Chorlton v. Lings, (1868), L. R., 4 C. P. 374; 1 Hop. & C. 1; 38 L. J., C. P. 25), or for a county as freeholders (Chorlton v. Kessler, Id. 397; 1 Hop. & C. 42). See post, p. 336, n. (u).
It was decided in Middlesex, (1804), 2 Peck. 118, Aliens. (Barbre's case), that aliens cannot vote.
Reading, (1838), Falc. & Fitz. 553, (De Barthe's case). It was proved that the voter was born at Bordeaux, (semble, of foreign parents), and he had not, to the witness's knowledge, been naturalized, or obtained letters of denization. It was contended, that it ought to have been proved as a fact that he was not naturalized nor a denizen, and the committee allowed the vote. Sed quære. And see Bedford, (1833), C. & R. 98; P. & K. 147, (Levi's case).
In Stepney, (Isaacson v. Durant), (1886), 17 Q. B. D. Hano54; 55 L. J., Q. B. D. 331, it was held that persons born in Hanover while King William IV. was sovereign both of that country and Great Britain, became aliens. on the accession of H. M. Queen Victoria to the throne of Great Britain only, although they were resident in England.
Naturalization must (formerly always was and may If natustill) be by Act of Parliament, and then aliens are ralized.
PERSONAL admitted to the privilege of voting for members of Parliament.
33 & 34 V. c. 14.
Effect of certificate.
Changes of nationality.
By the Naturalization Act, 1870, which repealed 7 & 8 V. c. 66, and many other statutes, aliens are enabled to hold real and personal property (s. 2), but this is not to qualify them "for any office, or for any municipal, parliamentary, or other franchise." Id.
Certificated aliens, however, under sect. 7 of the above statute, who have taken the oath of allegiance mentioned in sect. 9, are entitled to the franchise. Sect. 7 enacts that before an alien can obtain such a certificate of naturalization, he must have resided in the United Kingdom for a term of not less than five years, or have been for the same period in the service of the Crown, such residence or service being within such period before his application for the certificate, as may be allowed by a Secretary of State; and he must also give such evidence of his intention to continue to reside, or serve, as shall satisfy the Secretary of State, who may then grant the certificate, which, however, is not to take effect until the applicant has taken the oath of allegiance. Id.
The effect of the certificate is to entitle the alien to all political and other rights, powers, and privileges, and to subject him to all obligations to which a naturalborn British subject is entitled or subject in the United Kingdom. Id. The Act further provides, sect. 12 (2) (3), that the certificate of naturalization or readmission to British nationality, (vide infra), may be proved in any legal proceeding by the production of the original certificate, or of a copy certified to be true by one of the principal Secretaries of State, or any person authorized by him to give certified copies thereof.
Where a convention exists with a foreign state for that purpose, a subject of that state who has become naturalized here, may divest himself of such naturalization, and be an alien again. Sect. 3. And a person who is a natural-born subject, by reason of birth in H. M. dominions, but is a subject of another state, may