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R. P. ACT, 1832.

of Parliament, by charters, by local usage, or by last BEFORE determinations of the House of Commons applicable to the particular place. Where none such existed to abridge or limit the common law right, it was said to belong to the "inhabitant householders." Cirencester, (1623), Glanv. 107; Pontefract, (1623), Id. 141; Boston, (1628), 1 Journ. 893; East Grinstead, (1640), 2 Journ. 10; Marlborough, (1689), 10 Journ. 70; Coleraine, (1833), P. & K. 502.

UNDER

R. P. ACTS.

2 & 3 W. 4,

c. 45.

The R. P. Act, 1832, while preserving to the then existing voters their rights, to some for ever (ss. 18, 31, and 32), to others but for a time (ss. 32 to 35), introduced into all cities and boroughs an uniform building 16 occupation franchise for premises of the annual value of 107.; while the R. P. Act, 1867, without disturbing any 30 & 31 V. existing franchise, has again conferred the franchise c. 102. upon "inhabitant householders" with the addition in certain cases of lodgers, who may be said to represent the ancient franchise of "inhabitants" or potwallers, of which, with the other ancient reserved rights, we shall have to speak at the end of this chapter.

c. 3.

The R. P. Act, 1884, has substituted for the building 48 & 49 V. occupation franchise of 1832, a land or tenement occupation franchise of the same value, repealing the definition of the borough occupation franchise in R. P. Act, 1832, but incorporating the other conditions applicable to it. See s. 5.

The R. P. Act, 1832, s. 27, enacts, "That in every 2 & 3 W. 4, c. 45, s. 27. city or borough which shall return a member or members to serve in any future Parliament, every male person of full age, and not subject to any legal incapacity, who shall occupy, within such city or borough, or within any place sharing in the election for such city or borough, as owner or tenant, any house, warehouse, counting-house, shop, or other building, being, either separately, or jointly with any land within such city, borough, or place occupied therewith by him as owner, or occupied therewith by him as tenant under the same land

R.

E

UNDER

R. P. ACTS.

lord, of the clear yearly value of not less than ten pounds (a), shall, if duly registered according to the provisions hereinafter contained, be entitled to vote in the election of a member or members to serve in any future Parliament Conditions for such city or borough/Provided always, that no such occupation person shall be so registered in any year unless he shall

of the 10%.

afor

franchise. have occupied such premises as aforesaid for twelve 15-"

5 Jan

150

10%. occupation

franchise. 48 & 49 V. c. 3, s. 5.

calendar months next previous to the last (b) day of July in such year, nor unless such person, where such premises are situate in any parish or township in which there shall be a rate for the relief of the poor, shall have been rated in respect of such premises to all rates for the relief of the poor in such parish or township made during the time of such his occupation so required as aforesaid, nor unless such person shall have paid, on or before the 20th day of July in such year, all the poor's rates and assessed taxes which shall have become payable from him in respect of such premises previously to the 6th day of April then next preceding (c): Provided also, that no such person shall be so registered in any year unless he shall have resided for six calendar months next previous to the last (b) day of July in such year within the city or borough, or within the place sharing in the election for the city or borough in respect of which city, borough, or place respectively he shall be entitled to vote, or within seven statute miles thereof or of any part thereof."

By R. P. Act, 1884, s. 5, it is enacted that "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

(a) These words in italics were repealed by R. P. Act, 1884, Sched. 2, Part 2, and see Id. s. 5.

(b) Now the 15th: see Reg. Act, 1878, s. 7.

(c) Now the 5th of January: 11 & 12 V. c. 90.

R. P. ACTS.

(sic) and to vote at an election for such county in UNDER
respect of the county occupation franchise, and at an
election for such borough in respect of the borough
occupation franchise."

of 10%. oc

tion.

c. 15.

51 & 52 V.

By the Reg. Act, 1885, s. 18, and Sched. III. Precept, Conditions Part 1, § 3, "Every parliamentary voter must be a man cupation of full age"; and by § 4 (as cited in the Cy. El. Act, 1888, qualificaSched., see sect. 3), "A person entitled to be registered 48 & 49 V. as a voter in respect of a 101. occupation qualification in a borough, municipal or parliamentary-(a) must during c. 10, the whole twelve months immediately preceding the Sched. 15th day of July have been an occupier as owner or tenant of some land or tenement in a parish [or township] of the clear yearly value of not less than 107.; and (b) must have resided in or within seven miles of the borough during six months immediately preceding the 15th 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 any poor rate made and allowed during the twelve months immediately preceding the 5th day of January next before the registration, or on account of any assessed taxes due before the said 5th day of January, must have been paid on or before the 20th day of July."

"If two or more persons jointly are such occupiers as out ox..

above mentioned, and the value of the land or tenement is such as to give 107. 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 "(d).

(d) The Reg. Act, 1885, s. 18, makes the forms and instructions in the schedule part thereof, and the instructions must be taken

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UNDER

Household

The R. P. Act, 1867, s. 3, provides that "Every R. P. ACTS. man shall, in and after the year 1868, be entitled to be franchise. registered as a voter, and, when registered, to vote for 30 & 31 V. a member or members to serve in Parliament for a c. 102, s. 3. borough, who is qualified as follows; that is to say, (1) Is of full age, and not subject to any legal incapacity; and (2) is on the last day of July, in any year, and has during the whole of the preceding twelve calendar months been an inhabitant occupieras owner or tenant of any dwelling-house within the borougly, and (3) Has during the time of such occupation been rated as an ordinary occupier in respect of the premises so occupied by him within the borough to all rates (if any) made for the relief of the poor in respect of such premises; and (4) Has on or before the 20th day of July in the same year bond fide paid an equal amount in the pound to that payable by other ordinary occupiers in respect of all poor rates that have become payable by him in respect of the said premises up to the preceding 5th day of January Provided that no man shall, under this section, be entitled to be registered as a voter, by reason of his being a joint occupier of any dwellinghouse."

Service
franchise.

48 & 49 V.
c. 3, s. 3.

Lodger
franchise.

Sect. 4.

And the R. P. Act, 1884, by s. 3, enacts that “Where a man himself inhabits any dwelling-house by virtue of any office, service, or employment, and the dwellinghouse 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."

And by the R. P. Act, 1867, s. 4, it is provided that "Every man shall, in and after the year 1868, be entitled to be registered as a voter, and, when registered,

as expounding the intention of the legislature in the earlier Acts. See Stribling v. Halse, (1885), 16 Q. B. D. 249, per Lord Coleridge, C. J.

(f) Now the 15th July: Reg. Act, 1878, s. 7.

The p. 55.

to vote for a member or members to serve in Parliament for a borough, who is qualified as follows; that is to say, (1) Is of full age, and not subject to any legal incapacity; and (2) As a lodger has occupied in the same borough separately and as sole tenant for the twelve months preceding the last (g) day of July in any year the same lodgings, such lodgings being part of one

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separately and the same dwelling-house, and of a clear yearly as sole lin

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value, if let unfurnished, of 107. or upwards; and (3) Has resided in such lodgings during the twelve months immediately preceding the last day of July, and has claimed to be registered as a voter at the next ensuing registration of voters."

and

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The Parliamentary and Municipal Registration Act, Definitions 1878, 41 & 42 V. c. 26, explains, and, as regards lodgers, amendextends the franchises just mentioned as follows:- ments Section 5, after defining the repealed portion of s. 27 41 & 42 V. of the R. P. Act, 1832, further enacts that the term c. 26, s. 5. "dwelling-house" (h), in the R. P. Act, 1867, "shall include any part of a house where that part is separately occupied as a dwelling," and that the term "lodgings" "shall include any apartments or place of residence, whether furnished or unfurnished, in a dwelling-house." Separate occupation is in the same section defined as Separate follows: "Where an occupier is entitled to the sole and occupaexclusive use of any part of a house, that part shall not be deemed to be occupied otherwise than separately by reason only that the occupier is entitled to the joint use of some other part."

tion.

occupation

The further provisions as to the lodger franchise are Successive "Sect. 6 (1.) Lodgings occupied by a person in any of lodgers. year or two successive years shall not be deemed to be Sect. 6. different lodgings by reason only that in that year or in either of those years he has occupied some other rooms or place in addition to his original lodgings.

(2) Now the 15th: Reg. Act, 1878, s. 7.

(h) This is in substitution for the interpretation in R. P. Act, 1867, s. 61, which made separate rating necessary.

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