SECT. 43.

Removal of disqualification of married

women.

PART IV.

SUPPLEMENTAL.

Parish Meetings and Elections.

43. For the purposes of this Act a woman shall not be disqualified by marriage for being on any local government register of electors, or for being an elector of any local authority, provided that a husband and wife shall not both be qualified in respect of the same property.

MARRIED WOMEN.-The effect of this section is that any married woman who would, if she were unmarried, be entitled to have her name inserted upon a local government register of electors will be entitled, notwithstanding her coverture, to have her name so inserted "for the purposes of this Act," viz., for the purpose of exercising the rights of a parochial elector.

As to the local government franchise, see note to section 44, subsection (1), post.

Apart from this provision, while an unmarried woman was not disqualified from being enrolled as a county elector and voting at an election of county councillors (see Municipal Corporations Act, 1882, s. 63, and County Electors Act, 1888, s. 2), coverture was still a disqualification. Reg. v. Harrald, L. R. 7 Q. B. 361; 41 L. J. Q. B. 163; 26 L. T. (N.S.) 616; 20 W. R. 328; 36 J. P. 438.

It must be noticed that the disability of coverture is removed by the provision in the text "for the purposes of this Act" only. It does not enable a married woman to have her name inserted npon a local government register for all purposes. She will, in fact, when her name is on the register, be entitled to vote as a parochial elector only, and for the purpose of so limiting her right to vote, a mark will be placed against her name signifying that she is entitled to vote in that capacity only. See section 44, sub-section (6), and notes.

The proviso to this section will prevent a husband and wife from being registered as joint occupiers of the same premises, or being registered one as owner and the other as occupier of the same premises.

Questions as to whether the husband or the wife is the person qualified in respect of the property out of which either claimed to be on the register will, it is submitted, be decided in the case of the burgess qualification by proof of the name which appeared upon the

rate book, and in the case of the 107. occupation qualification by proof SECT. 44. of the ownership or tenancy of the qualifying property. As to these qualifications, see section 44, sub-section (1), note “Local Government Register."

NOTE.

electors.

44. (1.) The local government register of electors and Register of the parliamentary register of electors, so far as they parochial relate to a parish shall, together, form the register of the parochial electors of the parish; and any person whose name is not in that register shall not be entitled to attend a meeting or vote as a parochial elector, and any person whose name is in that register shall be entitled to attend a meeting and vote as a parochial elector unless prohibited from voting by this or any other Act of Parliament.

REGISTER OF PAROCHIAL ELECTORS.-This section is supplemental to section 2, sub-section (1), ante, p. 6, and explains in detail how the register of the parochial electors of a parish is to be formed.

That register, to which we shall refer for the sake of brevity as the “parochial register," is to be made up of the parliamentary and local government registers so far as they relate to the parish. It will be convenient to state briefly of what those registers consist.

The Acts which establish the different qualifications will be found in Mackenzie and Lushington's "Parliamentary and Local Government Registration Manual" (edit. 1889).

THE PARLIAMENTARY REGISTER consists of male persons of full age and not subject to any legal incapacity who are (a) ownership electors or (b) occupation electors.

(a.) The expression "OWNERSHIP ELECTORS" means persons registered as parliamentary electors for a county or a division of a county in respect of the ownership of property whether of (1) freehold, (2) leasehold, or (3) copyhold tenure.

(1.) Freeholds.-The person entitled to be registered must be beneficially entitled (at law or in equity), and must have been in actual possession or in receipt of the rents and profits for six calendar months next preceding the 15th of July in the year in which he is registered, unless he has acquired the freehold within that period by descent, succession, marriage, marriage settlement, devise, or promotion to benefice or office. The freehold must be of the annual value, if it is an estate of

SECT. 44.
Note.

inheritance, or if it is an estate for life or lives of which the owner is in actual occupation, or which he has taken by marriage, marriage settlement, devise, or promotion to benefice or office, of 40s.; if it is an estate for life or lives not falling within the cases specified, of 51.

(2.) Leaseholds.-The person entitled to be registered must be beneficially entitled (at law or in equity) as hirer, sub-lessee, or assignee, and must if a sub-lessee or assignee be in actual occupation, and if an original lessee, be in actual possession or in receipt of the rents and profits to his own use for the whole of the twelve calendar months next previous to the 15th of July in the year in which he is registered unless the leasehold has come to him within that period in one of the ways specified above with reference to the acquisition of freeholds. The leasehold must either be held for the whole of the unexpired residue of a term originally created for not less than sixty years, and must be of the clear yearly value of not less than 57. over and above all rents and charges payable in respect of the same, or must be held for the whole of the unexpired residue of a term originally created for not less than twenty years, and must be of the clear yearly value of 501. over and above all rents and charges payable in respect of the same.

(3.) Copyholds.-The person entitled to be registered must be beneficially entitled (at law or in equity), and must have been in actual possession or in receipt of the rents and profits to his own use for the six calendar months next previous to the 15th of July in the year in which he is registered unless the copy holds have been acquired by him within that period in one of the ways above specified with reference to the acquisition of freeholds, the copyholds must be held for an estate for life or lives or any larger estates, and must be of the clear yearly value of 51. over and above all rents and charges payable in respect of the same.

The ownership qualification only entitles its possessor to be registered in parliamentary registers for counties.

Persons cannot acquire an ownership qualification in respect of property which they hold merely as trustees. Mortgagees cannot acquire this qualification in respect of the mortgaged property unless they are mortgagees in possession.

Joint owners.-If two or more persons jointly are owners of such property as is mentioned above, one of them is entitled to be registered. In certain cases each of such owners is so entitled if his interest in the property would be sufficient if he were a sole owner.

(b.) The expression "OCCUPATION ELECTORS" means persons registered as parliamentary electors for counties or boroughs in respect of

the following qualifications :-(1.) The 50%. rental qualification; (2) SECT. 44. the 107. occupation qualification; (3.) the household qualification; (4.) the lodger qualification.

(1.) 501. rental qualification.—A person entitled to be registered in respect of this qualification must have occupied as tenant, on the 15th July in the year in which he is registered, and for the whole of the preceeding twelve months, land or tenements for which he is liable to a yearly rent of not less than 501., and must have been registered as a voter in respect of such occupation in the register of voters in force during the year 1884. This qualification is abolished by the Representation of the People Act, 1884, but the rights of persons previously registered in respect of such qualification were saved. 48 Vict. c. 3, ss. 10 and 12, and Schedule 2. Each of two or more joint occupiers, where the rent is such as to give 50l. or more to each such occupier, if registered in respect of that qualification in 1884 is entitled to be registered.

(2.) 101. occupation qualification.-The person entitled to be registered in respect of this qualification must, during the whole of the twelve months immediately preceding the 15th of July in the year in which he is registered, have occupied as owner or tenant some land or tenement within the county or borough of the clear yearly value of not less than 107.; if the voter is to be registered upon a borough register, he must have resided in or within seven miles of the borough during the six months immediately preceding the 15th of July. Whether he is to be registered as an elector for a county or for a borough either he or someone else must, during the twelve months preceding, have been rated to all poor rates made in respect of the qualifying property and all sums due for any such poor rate made and allowed during the twelve months preceding the 5th of January of that year (and where the qualifying property is situate in a parliamentary borough all sums due before that date on account of any assessed taxes) must have been paid on or before the 20th of July of the same year.

If two or more persons jointly are such occupiers two of them can be registered if the value is such as to give 107. or more for each occupier, and in some cases more than two joint occupiers can be registered.

(3.) Household qualification.—A person entitled to be registered in respect of this qualification must for the whole of the twelve months next preceding the 15th of July in the year in which he is registered (except the time, if any, not exceeding four months during which he has permitted the house to be occupied as a furnished house) have been an inhabitant occupier, as owner or tenant, of a dwelling-house within the county or borough, or of some part of such a house separately occupied

Note.

SECT. 44.

Note.

as a dwelling, and rating and payment of rates are necessary in the same manner as in the case of the 101. occupation franchise. There can be no qualification as an inhabitant occupier by joint occupation. This qualification includes what is called the service franchise, i.e., a person who inhabits a dwellinghouse by virtue of any office, service, or employment, if the person under whom he serves does not inhabit that house, is deemed to be an inhabitant occupier as tenant.

Occupation of different premises in succession.-Under either of the two foregoing qualifications a person can be registered in respect of the occupation, in immediate succession, of different qualifying premises in the same division or borough.

(4.) Lodger qualification-A lodger must make a fresh claim to be registered every year, and in order to be entitled to be regis tered must have occupied separately as a lodger for the whole of the twelve months next preceding the 15th of July in the year in which he claims to be registered lodgings, being part of one and the same dwelling-house in the county or borough, of the clear yearly value, if let unfurnished, of 107. or upwards, and must have resided in such lodgings during the said period. Two joint lodgers can be registered where the value of the lodgings is such as to give 101. or more for each of two or more lodgers. A lodger may be registered where he has occupied in immediate succession different lodgings of the requisite value in the same house.

A man is not entitled to be registered or to vote at a county election in respect of the occupation of any dwelling-house, lodgings, land, or tenement situate in a borough. Representation of the People Act, 1884, s. 6. In the above summary of the different parliamentary franchises, it has been thought better for the sake of brevity to omit any reference to the ancient franchises in cities and boroughs which were reserved by the Reform Act, 1832 (2 Will. 4, c. 45).

THE LOCAL GOVERNMENT REGISTER consists of men and women of full age, not subject to any legal incapacity, who are qualified as county electors under (a.) the old burgess qualification or (b.) the 107. occupation burgess qualification.

(a.) Old burgess qualification.—A person entitled to be registered as a county elector or burgess in respect of this qualification must on the 15th of July in the year in which he is registered be, and during the whole of the preceding twelve months have been, occupier as owner or tenant of a house, warehouse, counting-house, shop, or other building in the county or borough, and must during the whole of the same period have resided in the county or borough, or within seven miles thereof; such person or some one else must during the same period