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Note.

SECT. 44. the revising barrister has power, in pursuance of the section of the Registration Act, 1885, above referred to, to erase the name of any person as a parliamentary voter from division 1 of the occupiers list, he is required, instead of erasing it, to place an asterisk or other mark against it, and a voter whose name is thus "starred" is not entitled to vote at a parliamentary election, but has the same right of voting at a county council election as he would have if his name were not starred. By section 28, sub-section (14), of the Parliamentary and Municipal Registration Act, 1878, where a name appears to be entered more than once as a parliamentary voter on the list of voters for the same parliamentary borough or more than once as a burgess on the burgess lists for the same municipal borough, the revising barrister is required, upon proof that such entries relate to the same person, to retain one entry for voting and to place against the other entry or entries a note to the effect that the person is not entitled to vote in respect of that qualification for the parliamentary or municipal borough as the case may be. The section also contains provision as to how the selection of the entry to be retained for voting is to be made, and those provisions were amended by section 5 of the Registration Act, 1885.

We have seen above, p. 187, that section 4 of the Registration Act, 1885, requires the revising barrister to erase one of two entries relating to the same person upon the lists of voters for the same parliamentary county, and that that enactment, so far as it relates to the erasure of a name upon division 1 of the occupiers list, has been altered by section 7 of the County Electors Act, 1888, by substituting for erasure the placing of an asterisk or other mark against the name.

The enactment in the text applies to the duty of the revising barrister as to all such plural entries as would involve the erasure of a name under section 4 of the Act of 1885 otherwise than by reason of the name appearing more than once in the lists for the same parish. Where such plural entry is in the lists for the same parish, all entries but one will be erased as before. But where the name would be erased by reason of its appearing more than once, but not in the lists for the same parish, and where in the cases mentioned in (a.) and (c.) a mark or note would be placed against a name, the revising barrister is to place against the name, if the person is entitled to vote as a county elector or burgess only, a mark signifying that the name is to be placed in division 3 of the occupiers list (see ante, p. 187), or if he is entitled to vote only as a parochial elector a mark signifying that he is registered as such elector only. If such a mark is placed against a name it is not to be printed in the parliamentary register at all, but if the person is entitled as a county elector or burgess it is to be printed in division 3; if he is entitled only as a parochial elector it is to be printed in a separate list of parochial electors.

It is submitted that the names of all married women appearing on the lists will be marked as names of parochial electors only (see ante, section 43, and note p. 178) and printed in the separate list accordingly. And the same remark would appear to apply to the names of any per

son appearing on the lists for more than one parish in the same electoral division of a county for the purposes of the election of county councillors.

This separate list is to form part of the parochial register. Subsection (8), infra.

SECT. 44.

Note.

(7.) Where the name of a person is entered both in the Sub-sect. (7). ownership list and in the occupation list of voters in the same parish, and the revising barrister places against that name a mark or note signifying that the name should be printed in division three of the lists, an asterisk or other mark shall be there printed against the name, and such person shall not be entitled to vote as a parochial elector in respect of that entry.

DOUBLE ENTRIES IN PAROCHIAL REGISTER.-This sub-section provides for a case where a name is entered on the lists for the same parish in respect both of an ownership and of an occupation qualification. There will be no erasure, because the name must be allowed to stand in respect of the ownership qualification in order to entitle the person to vote at a parliamentary election, and in respect of the occupation qualification in order to entitle him to vote at a county council election. In this latter capacity, the name will be inserted on division three of the occupiers list. The retention of the name in respect of the ownership qualification will entitle the person to vote not only at a parliamentary election, but as a parochial elector (see sub-section (1), ante, p. 179). In order, therefore, to prevent his obtaining a second vote as a parochial elector by reason of his name appearing in division three of the occupiers list, an asterisk or mark is to be placed against his name in that division to denote that in respect of that entry the voter is not to be entitled to vote as a parochial elector.

(8.) Such separate list shall form part of the register Sub-sect. (8). of parochial electors of the parish, and shall be printed at the end of the other lists of electors for the parish, and the names shall be numbered consecutively with the other names on those lists, and the law relating to the register of electors shall, with the necessary modifications, apply accordingly, and the lists shall, for the purposes of this Act, be deemed to be part of such register.

SEPARATE LIST MADE UNDER SUB-SECTION (6) TO FORM PART OF PAROCHIAL REGISTER.-The "separate list" here referred to is the separate list mentioned in sub-section (6), ante, viz., the list of persons registered as parochial electors only. Up to a late stage of the

Note.

SECT. 44. proceedings of Parliament upon this Act, the present clause stood immediately after sub-section (6); in that position the meaning of the words "such separate list" was obvious. Sub-section (7) was inserted upon the third reading of the Bill in the House of Lords, and no alteration was made in the present clause to make the reference to sub-section (6) clearer.

Sub-sect. (9).

Sub-sect. (10).

This separate list of parochial electors will not be part of the parliamentary or local government registers except for the purposes of this Act, but will be added to those registers in order to form the parochial register. The law as to the register of electors is to apply to this separate list as well as to the other lists; that is to say, all the lists must be made out and revised in the same manner (subject to necessary modifications), as the registers existing under the law before the passing of this Act were made out and revised.

(9.) Any person may claim for the purpose of having his name entered in the parochial electors list, and the law relating to claims to be entered in lists of voters shall apply.

CLAIMS.-Claims to be entered in lists of voters are not necessary in the case of persons whose names are upon the existing register in any one year except where the qualification is that of a lodger; lodgers must claim annually. If their names are comprised in the existing lodgers' list, their claim must be sent in before the 25th of July, and a list of these old lodgers is published on the 1st of August. Lodger claimants whose names do not appear in this list must send in their claims to the overseers, on or before the 20th of August.

Persons claiming to be entitled as occupiers (other than lodgers) must send in their claims to the overseers on or before the 20th of August. Ownership claimants (in counties) must send in their claims to the overseers on or before the 20th of July.

(10.) The clerk of the county council or town clerk, as the case may be, shall, in printing the lists returned to him by the revising barrister, do everything that is necessary for carrying into effect the provisions of this section with respect to the persons whose names are marked by the revising barrister in pursuance of this section.

DUTIES AS TO PRINTING THE REVISED LISTS.-This sub-section refers to the duties of the clerk of the county council and the town clerk with reference to printing the lists delivered to them after the revision by the revising barrister. In counties the revised lists are delivered to the clerk of the county council, and in boroughs to

Note.

the town clerk. It is then the duty of these officers to cause the SECT. 44. revised lists for all the parishes in the county or borough to be printed, each name being placed in the proper list and division of a list, and having a proper mark (if any) placed against it according to the decision of the revising barrister with respect to such name.

As to marking names, see sub-sections (6) and (7), and notes, ante, pp. 186, 189.

45. (1.) Subject to the provisions of this Act, parish SECT. 45. meetings shall be held on such days and at such times Supplemental and places as may be fixed by the parish council, or, if provisions as to parish there is no parish council, by the chairman of the meetings. parish meeting.

TIME AND PLACE FOR HOLDING PARISH MEETINGS.-This section is supplemental to section 2, ante, pp. 6-11. The notes to that section should be referred to in connection with the present section.

The hour of assembly is not to be earlier than six o'clock in the evening (section 2, sub-section (3)).

The annual assembly of the parish meeting is to be held on the 25th of March or within seven days before or after that date. Schedule I., Part 1, Rule (1).

As to the place of meeting, see section 4 and notes, ante, pp. 17, et seq., and section 61, post.

A parish meeting is not to be held in licensed premises unless no other suitable room is available free of charge or at a reasonable cost (section 61, post).

The first parish meetings under the Act are to be convened by the overseers (section 78, post).

Where there is no parish council the chairman of the parish meeting is an officer elected for the year (section 19, sub-section (1), ante, p. 115).

As to the notice to be given of the time and place of holding a parish meeting, see Schedule I., Part 1, Rule (2), and section 51, post.

(2.) If the chairman of the parish council is present at Sub-sect. (2).

a parish meeting and is not a candidate for election at the meeting, he shall, save as otherwise provided by this Act, be the chairman of the meeting.

CHAIRMAN OF COUNCIL TO BE CHAIRMAN OF MEETING.-Where a parish council has appointed a vice-chairman under Schedule I., Part 1, Rule (11), it seems that in the absence of the chairman of the council the vice-chairman, if present, will be entitled to take the chair at a parish meeting.

Where the chairman of the council is a candidate for election or

SECT. 45. re-election as parish councillor, or as chairman of the council for the ensuing year, he will not take the chair at a parish meeting at which such election is to be held. See section 2, sub-section (4), and section 3, sub-section (8), and notes, ante.

Note.

Sub-sect. (3).

SECT. 46.

Disqualifications for parish or district

council.

This is in accordance with the principle of law that a person who is a candidate at an election cannot be returning officer at that election. See Reg. v. Owens, 2 E. & F. 86; 28 L. J. Q. B. 316; 23 J. P. 741; Reg. v. Blizard, L. R. Q. B. 55; 36 L. J. Q. B. 18; 15 L. T. (N.S.) 242; 15 W. R. 105; 31 J. P. 200; Reg. v. White, L. R. 2 Q. B. 557 ; 36 L. J. Q. B. 267; 16 L. T. (N.S.) 828; 15 W. R. 988; 31 J. P. 595; Reg. v. Ward, L. R. 8 Q. B. 210; 42 L. J. Q. B. 126 ; 28 L. T. (N.S.) 118; 21 W. R. 632; 37 J. P. 453.

(3.) The chairman of the parish council, or any two parish councillors, or the chairman of the parish meeting, or any six parochial electors, may at any time convene a parish meeting.

HOW PARISH MEETINGS CONVENED.-As to the public notice of the holding of a parish meeting required to be given by the chairman of the council or other conveners of the meeting, see Schedule I., Part 1, Rule (2), and section 51 and notes.

As to the convening of meetings respecting allotments, see section 4, sub-section (1), and notes, ante, p. 23, and as to the place of meeting, see section 4 and 61 and notes.

46. (1.) A person shall be disqualified for being elected or being a member or chairman of a council of a parish or of a district other than a borough or of a board of guardians if he

(a.) Is an infant or an alien; or

(b.) Has within twelve months before his election, or since his election, received union or parochial relief; or

(c.) Has, within five years before his election or since his election, been convicted either on indictment or summarily of any crime, and sentenced. to imprisonment with hard labour without the option of a fine, or to any greater punishment, and has not received a free pardon, or has, within or during the time aforesaid, been adjudged bankrupt, or made a composition or arrangement with his creditors; or

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