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R. P. Acts.

same shall have come to such person by marriage, mar- Under riage settlement, devise, or promotion to any benefice, 2 & 3 W. 4, or to any office, or except the same shall be of the clear c. 45. yearly value of not less than 107. above all rents and charges payable out of or in respect of the same; any statute or usage to the contrary notwithstanding: Provided always that nothing in this Act contained shall prevent any person now seised for his own life, or for the life of another, or for any lives whatsoever, of any freehold lands or tenements in respect of which he now has, or but for the passing of this Act might acquire, the right of voting in such respective elections, from retaining or acquiring, so long as he shall be so seised of the same lands or tenements, such right of voting in respect thereof, if duly registered," &c.

Sect. 20 enacts, "That every male person of full age, and not subject to any legal incapacity, who shall be entitled, either as lessee or assignee, to any lands or tenements, whether of freehold, or of any other tenure whatever, for the unexpired residue, whatever it may be, of any term originally created for a period of not less than 60 years (whether determinable on a life or lives, or not), of the clear yearly value of not less than 101. (aa) over and above all rents and charges payable out of or in respect of the same; or for the unexpired residue, whatever it may be, of any term originally created for a period of not less than 20 years (whether determinable on a life or lives, or not), of the clear yearly value of not less than 501. over and above all rents and charges payable out of or in respect of the same, or who shall occupy as tenant any lands or tenements for which he shall be bonâ fide liable to a yearly rent of not less than 501. (b), shall be

Leaseholders.

Chandos clause.

(aa) This amount is reduced to 57. by the R. P. Act, 1867, s. 5, post, p. 4, and this clause in italics is repealed by 37 & 38 V. c. 35. (b) This clause (known as the Chandos Clause) was repealed by the R. P. Act, 1884, s. 12, but s. 10 reserves the rights of persons registered on December 6th, 1884 (ride post, p. 537), in respect of any right to vote in respect of such qualification, but by the Reg. Act, 1885, s. 11, these 507. voters are to be registered as occupiers.

Under

R. P. Acts.

30 & 31 V. c. 102.

Freeholder, copyholder, &c.

Leaseholder.

entitled to vote in the election of a knight or knights of the shire to serve in any future Parliament for the county, or for the riding, parts, or division of the county, in which such lands or tenements shall be respectively situate. Provided always, that no person, being only a sub-lessee, or the assignee of any under-lease, shall have a right to vote in such election in respect of any such term of 60 years or 20 years as aforesaid, unless he shall be in the actual occupation of the premises" (c).

By R. P. Act, 1867, s. 5, "Every man shall . be entitled to be registered as a voter, and when registered, to vote for a member or members to serve in Parliament for a county" (which includes "any riding, parts, or divisions of a county, returning a member or members to serve in Parliament," but "not a county of a city or county of a town," see s. 61)," who is qualified as follows: that is to say (1), is of full age, and not subject to any legal incapacity, and is seised, at law or in equity, of any lands or tenements of freehold, copyhold, or any other tenure whatever, for his own life, or for the life of another, or for any lives whatsoever, or for any larger estate, of the clear yearly value of not less than 57, over and above all rents and charges payable out of or in respect of the same or who is entitled, either as lessee or assignee, to any lands or tenements of freehold or of any other tenure whatever, for the unexpired residue, whatever it may be, of any term originally created for a period of not less than 60 years (whether determinable on a life or lives or not), of the clear yearly value of not less than 57. over and above all rents and charges payable out of or in respect of the

vote.

(e) It will be observed that the R. P. Act, 1867, s. 5, supra, does not contain any similar proviso to the above as to sub-lessees of terms for 60 years being in actual occupation to entitle them to It seems, however, that this proviso is in effect incorporated into the first-mentioned Act by ss. 56, 59, otherwise an opportunity is offered for the wholesale creation of votes out of a long term by means of sub-leases. See per Willes and Brett, JJ., Chorlton v. Stretford, (1871), L. R., 7 C. P. 201; 1 Hop. & C. 712; 41 L. J., C. P. 37.

R. P. Acts.

same. Provided that no person shall be registered as Under
a voter under this section, unless he has complied with
the provisions of" 2 & 3 W. 4, c. 45, s. 26, which are
as follows-

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15

July

"That notwithstanding anything hereinbefore con- Registratained, no person shall be entitled to vote in the election sary. of a knight or knights of the shire to serve in any future 2 & 3 W. 4, Parliament unless he shall have been duly registered c. 45, s. 26. according to the provisions hereinafter contained; and that no person shall be so registered in any year in respect of his estate or interest in any lands or tenements, afreeholder, copyholder, customary tenant, or tenant in ancient demesne, unless he shall have been in the actual possession thereof, or in the receipt of the rents and profits thereof for his own use, for 6 calendar months at least next previous to the last (d) day of July in such year, which said period of 6 calendar months shall be sufficient, any statute to the contrary notwithstanding;/ and that no person shall be so registered in any year in respect of any lands or tenements held by him as such Less & lessee or assignee, or as such occupier and tenant as aforesaid/unless he shall have been in the actual pos12 mths. session thereof, or in the receipt of the rents and profits thereof for his own use, as the case may require, for 12 calendar months next previous to the last (d) day of July/5 in such year/Provided always, that where any lands or tenements, which would otherwise entitle the owner, holder, or occupier thereof to vote in any such election, shall come to any person, at any time within such respective periods of 6 or 12 calendar months, by descent, 6.2 succession, marriage, marriage settlement, devise, or promotion to any benefice in a church, or by promotion to any office, such person shall be entitled in respect thereof to have his name inserted as a voter in the election of a knight or knights of the shire in the lists then next to be made by virtue of this Act as hereinafter men

(d) Now the 15th. See Reg. Act, 1885, s. 12.

Juny

less lian

30 & 31 V.

tioned, and, upon his being duly registered according to the provisions hereinafter contained, to vote in such election."

By R. P. Act, 1867, s. 6, "Every man shall . . . be c. 102, s. 6. entitled to be registered as a voter, and when registered to vote for a member or members to serve in Parliament

for a county who is qualified as follows; that is to say:

Occufuerto. (1) Is of full age, and not subject to any legal incapacity; and (2) Is on the last (e) day of July in any year, 12 mths 15 and has during the twelve months immediately preceding been, the occupier, as owner or tenant, of lands or tenements within the county of the rateable value of 121. or upwards (ƒ); and (3) Has during the time of such occupation been rated in respect to the premises so

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occupiers.

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of the poor in respect of the said premises; and (4) Has on or before the 20th day of July in the same year paid 20all poor rates that have become payable by him in respect of the said premises up to the preceding 5th day of January."

48 & 49 V.

c. 3, s. 5.

101. occu-
pation
franchise.

Household

By R. P. Act, 1884, s. 5, "Every man occupying any land or tenement in a county (or borough) in the United Kingdom, of a clear yearly value of not less than 107., shall be entitled to be registered as a voter,/and when registered to vote at an election for such county (or borough) in respect of such occupation,/subject to the like conditions respectively as a man is, at the passing of this Act, entitled to be registered as a voter and to vote" (the word under seems to be wanted here) "at an election for such county, in respect of the county occupation franchise (and at an election for such borough in respect of the borough occupation franchise)."

And by sect. 2, "a uniform household franchise and and lodger a uniform lodger franchise at elections shall be estab

franchise:

sect. 2.

(e) Now the 15th; Reg. Act, 1885, s. 12.

(f) The words in italics are repealed by the R. P. Act, 1884, s. 12. The whole of s. 6, is in terms repealed by Sched. II. of that Act, but the conditions contained in the remainder of the section are in effect re-enacted. See the R. P. Act, 1884, s. 5, supra.

lished in all counties and boroughs throughout the United Kingdom, and every man possessed of a household qualification, or a lodger qualification, shall, if the qualifying premises be situate in a county in England or Scotland, be entitled to be registered as a voter, and when registered to vote at an election for such county, and if the qualifying premises be situate in a county or borough in Ireland, be entitled to be registered as a voter, and when registered to vote at an election for such county or borough."

By sect. 3, "where a man himself inhabits any Service franchise: dwelling-house by virtue of any office, service, or em- sect. 3. ployment, and the dwelling-house is not inhabited by any person under whom such man serves in such office, service, or employment, he shall be deemed for the purposes of this Act, and of the Representation of the People Acts, to be an inhabitant occupier of such dwelling-house as a tenant."

The voters, therefore, now entitled to the county Classificafranchise may be divided into seven classes :

I. Persons seised of an estate of inheritance (i.e., in fee simple or fee tail) of freehold tenure of the value of 40s. per annum.

II. Persons seised of an estate for life or lives of freehold tenure of the value of 40s., but under the value of 51. per annum, who

(a) actually and bond fide occupy the premises (see post, p. 8), or

(B) were seised of such estate on the passing of the R. P. Act, 1832 (7th June, 1832) (post, p. 9), or () having acquired such estate after that day, have acquired it by marriage, marriage settlement, devise, or promotion to a benefice or office (post, p. 10). III. Persons seised of an estate for life or lives of any tenure whatever, of the value of 51. per annum (post, p. 12).

IV. Persons possessed of a chattel interest of a certain value and duration in land (post, p. 25).

tion of

county
voters.

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