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POSSES

SION.

Carroll v. Barry, (1864), 15 Ir. C. L. R. 373. So where TIME OF the rent-charge which was originally created in 1838, and payments made in respect thereof, was afterwards conveyed, by deed bearing date 19th January, 1846, to trustees for the use of the claimant and others, but no payment was made to them in respect thereof until April 29th, when the interest due on March 25th was paid, the claimant was held not to be entitled. Hayden v. Tiverton Overseers, (1846), 4 C. B. 1; 1 Lutw. 510; 16 L. J., C. P. 88. See also to the same effect, Druitt v. Lane, Saint, 80, and Orme's case, infra.

Statute of

The above are cases of rent-charges granted by deed Under operating at common law. In the case of a rent-charge Uses. created by deed, by operation of the Statute of Uses, 27 H. 8, c. 10, the statute operates to give the cestui que use actual possession on the execution of the deed. Heelis v. Blain, (1864), H. & P. 189; 34 L. J., C. P. 88; Webster v. Ashton-under-Lyne, (Hadfield's case), (1873), L. R., 8 C. P. 306; 2 Hop. & C. 89; 42 L. J., C. P. 146; Lowcock v. Overseers of Broughton, (1883), 12 Q. B. D. 369.

As to when a deed creating a rent-charge operates at common law, and when under the statute, see Webster v. Ashton-under-Lyne, (Orme's case), (1872), L. R., 8 C. P. 281; 2 Hop. & C. 60; 42 L, J., C. P. 38.

The R. P. Act, 1884, sect. 2, provides that every man Housepossessed of a household qualification

. .

shall,

if the qualifying premises be situate in a county.
be entitled to be registered and to vote for such
county. And as a household qualification now involves.
inhabitancy for 12 calendar months previous to, and on
the 15th of July (R. P. Act, 1867, s. 3, amended by Reg.
Act, 1878, s. 7), this will in future be the qualifying
period of possession for householders in counties.

holders.

Similarly, the lodger franchise being now extended to Lodgers. counties by the same section of the R. P. Act, 1884, carries with it the necessary qualifying period attached to it in boroughs, i. e., 12 calendar months previous to the 15th of July.

QUALIFICA

TION IN

FOR COUNTY

VOTE.

Freeholds

in boroughs giving county vote.

Before the R. P. Act, 1832, if a man possessed freeBOROUGH hold estate of sufficient value within the limits of a borough, he might vote both for the borough and county upon the same qualification (n). But by s. 24 of that Act, and R. P. Act, 1867, s. 59, it is in effect enacted that no person shall be entitled to vote for the county as a freeholder, in respect of any house, land, &c., in his own occupation, if the premises would entitle him to a vote for the borough, and that whether he has actually acquired the right (i. e., by being registered) or not. He cannot, in other words, elect to be a voter for the county, if the property for which he claims be in his own occupation, and would give him a vote for the borough. Although sect. 27 of the R. P. Act, 1832, is repealed by the R. P. Act, 1884, sect. 24 is not, and has, therefore, to be applied to the existing borough franchise.

The only cases, therefore, in which a man can now vote as a freeholder for a county in respect of property in a borough, are those in which he owns but does not occupy the qualifying properties, unless the property (not being his dwelling-house) is of less value than 10%. a year, in which case it is submitted he might vote as a freeholder for the county in respect of it, although he occupies, provided, of course, it is worth 40s. a year. See Chilcott v. Bullen, (1881), Colt. 282.

In Burton v. Overseers of Aston, (1849), 8 C. B. 7; 2 Lutw. 143; 19 L. J., C. P. 28, the claimant owned and occupied freehold land within the borough of the value of 40s. a year, and also occupied as tenant a house of less value than 107. a year at a distance from the land. The Court held that the house and land could

(n) It would seem that this may still be the case with respect to the reserved rights of certain freeholders and burgage tenants in boroughs under s. 35, if they do not occupy. These had, before the R. P. Act, 1832, in common with others, the right to vote for both county and borough. Their county rights are not affected by s. 24, as they do not occupy. Their borough rights are expressly reserved by s. 35. And see R. P. Act, 1884, s. 10.

QUALIFICA

TION IN

FOR

COUNTY

VOTE.

not be joined together for the purpose of making up a borough qualification under R. P. Act, 1832, s. 27, BOROUGH the land being occupied as owner and the house as tenant, and therefore "not under the same landlord," and therefore held the owner entitled to the county franchise in respect of the first part of the qualification. See also Sanders v. Smith, (1880), Colt. 150; 50 L. J., C. P. 117, 118.

This case was decided under the now repealed section of the R. P. Act, 1832, and under similar circumstances at the present time the land and house could be joined, as the new (1884) 107. borough occupation franchise has no condition attached to it of occupation "under the same landlord.”

borough.

However, where a man has estate enough, he may be Voters for entitled to both franchises for property lying within the county and borough. A. owned and occupied freehold land within the borough of D., of the yearly value of 40s., and also occupied as tenant a house of the yearly value then requisite, viz., 107., within the same borough. He was held entitled to be registered as a county elector in respect of the land, and as a borough elector in respect of the house. Capell v. Overseers of Aston, (1849), 8 C. B. 1; 2 Lutw. 143; 19 L. J., C. P. 28. And see Beswick v. Alker, (1872), L. R., 8 C. P. 265; 2 Hop. & C. 36; 42 L. J., C. P. 26; and there is nothing in the R. P. Act, 1884, to alter this.

and lease

With regard to copyhold and leasehold premises Copyholds situate within the limits of a borough, the R. P. Act, holds. 1832, s. 25, and the R. P. Act, 1867, s. 59, in effect provide that no person shall be entitled to vote for them for the county, if the premises would entitle him, or any other person (i.e., his tenant), to the borough franchise (o); and this whether such other person be in fact entitled or not. Chorlton v. Johnson, (Bunting's case),

(0) The Irish Act, 2 & 3 W. 4, c. 88, made no distinction between freehold and copyhold and leasehold estates in this respect. The 13 & 14 V. c. 69, s. 4 (Ireland), adopts the same principle.

TION IN

BOROUGH

QUALIFICA (1868), L. R., 4 C. P. 426; 1 Hop. & C. 49; 38 L. J., C. P. 37; see Proctor v. Annison, (1859), 7 C. B., N. S. 48; K. & G. 297; 29 L. J., C. P. 90; Sanders v. Searson, (1880), Colt. 135; 50 L. J., C. P. 117.

FOR COUNTY

VOTE.

Dwelling

The words " any other person" constitute the distinchouses and tion between the R. P. Act, 1832, s. 24, with regard to the lodgings. rights of freeholders owning houses, &c., in a borough, but not occupying them, and s. 25 (extended by R. P. Act, 1867, s. 59), with regard to copyholders and leaseholders under similar circumstances. The freeholder would have a county vote for the house, if of the requisite value, unless he occupied; the copyholder and leaseholder would not. See per Tindal, C. J., in Webb v. Overseers of Aston, infra. And the R. P. Act, 1884, 30 & 31 V. s. 6, enacts that "A man shall not by virtue of this Act be entitled to be registered as a voter or to vote at any election for a county in respect of the occupation of any dwelling-house, lodgings, land, or tenement situate in a borough."

c. 102.

Premises severable.

It was decided in the case of Webb v. Overseers of Aston, (1843), 1 Lutw. 18; 5 M. & G. 17; 13 L. J., C. P. 57, that a lease (for 99 years) was for the purpose of the franchise divisible; so that if it comprise several houses, premises, &c., some of which are not sufficient to confer the borough franchise, the lessee is entitled to a county vote in respect of the lease, even though it comprises other houses, each sufficient to constitute a borough qualification.

Residence. The provisions with regard to the residence of freeholders in counties, originally required by the 8 H. 6, Land-tax. c. 7, were repealed by 14 G. 3, c. 58. Nor need voters for counties in respect of any messuages, lands, or tenements, whether freehold or otherwise, be assessed to the land tax: R. P. Act, 1832, s. 22.

Registration.

Registration, which is in all cases necessary to entitle a voter to exercise the franchise, will be discussed in Chapter IV., post, p. 236.

By the Redistribution of Seats Act, 1885, s. 9, DIVISIONS. the existing divisions of counties for Parliamentary 48 & 49 V. purposes were put an end to, and new divisions, each of New diviwhich is to return one member, created. These divi- sions of

c. 23.

sions are defined in Schedule 7. It is provided by s. 9 It is provided by s. 9 counties.

Separate (3), that "subject to the provisions of this Act the constitumembers for each such division of a county shall be ency. elected by persons qualified in the same manner and the nomination and other proceedings at Parliamentary elections for such division shall be conducted in the same manner as if such division were a separate constituency, and the law relating to Parliamentary elections shall apply to each such division as if it were a separate county."

COUNTY ELECTORS.

trative county.

Representative local government was first introduced Administhroughout the country by the Local Government Act, 1888, 51 & 52 V. c. 41. That Act, by sect. 100, defines an "administrative county" as "the area for which a county council is elected in pursuance of the Act, but does not (except where expressly mentioned) include a county borough." By sect. 31, each of the boroughs County borough. named in Schedule 3 is to be, for the purposes of this Act, an administrative county of itself, and is therein referred to as a county borough.

trative

By sects. 40, 100, the metropolis, consisting of "the AdminisCity of London, and the parishes and places mentioned county of in Schedules A, B, and C, to the Metropolitan Manage- London. ment Act, 1855, as amended by subsequent Acts," forms the administrative county of London.

50 & 51 V.

c. 10.

The County Electors Act, 1888, s. 2, enacts that- Franchise. "(1.) For the purpose of the election of county authorities in England, the burgess qualification, that is to Extension say, the qualification enacted by sect. 9 of the Municipal franchise

of burgess

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