"2. As a lodger has occupied in the same borough separately, and as sole tenant for the twelve months preceding the last day of July in any year, the same lodgings, such lodgings being part of one and the same dwellinghouse, and of a clear yearly 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." As to the alteration of the period of qualification, see the preceding note, on p. 10. The lodger franchise has been extended by the Parliamentary and Municipal Registration Act, 1878, in the following manner; by sect. 6, it is enacted that: (1.) Lodgings occupied by a person in any year or two successive years shall not be deemed to be 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.) For the purpose of qualifying a lodger to vote, the occupation in immediate succession of different lodgings of the requisite value in the same house shall have the same effect as continued occupation of the same lodgings. (3.) Where lodgings are jointly occupied by more than one lodger, and the clear yearly value of the lodgings if let unfurnished is of an amount which, when divided by the number of the lodgers gives a sum of not less than 107. for each lodger, then each lodger, if otherwise qualified and subject to the conditions of the Representation of the People Act, 1867, shall be entitled to be registered, and when registered to vote as a lodger; provided that not more than two persons being such joint lodgers shall be entitled to be registered in respect of such lodgings.' By sect. 22 of the same act it is enacted that, "Where a person is entered in respect of lodgings on the register of voters for the time being in force, and desires to be entered on the next register in respect of the same lodgings, he may claim to be so entered by sending notice of his claim to the overseers of the parish in which his lodgings are situate on or before the 25th day of July." This provision is followed by directions as to making lists of, and objecting to, such claimants, which directions are applied to old lodgers' lists by the Registration Act, 1885: see paragraph 17 of the precept in Schedule 2 of that act, and paragraph 17 of the precept in schedule 3, post, pp. 66 and 109. The 23rd section of the Parliamentary and Municipal Registration Act, 1878, provides that, "in the Sect. 7. Sect. 7. case of a person claiming to vote as a lodger, the declaration annexed to his notice of claim" (as required by that act) "shall, for the purposes of revision, be primâ facie evidence of his qualification." The declaration referred to is repeated in substance in the schedules of the Registration Act, 1885, and the provision as to its being prima facie evidence of qualification is applicable to all lodger claimants, both new and old: see Nuth v. T'amplin, L. R., 8 Q. B. D. 247; Colt. Reg. Cas. 249; 51 L. J., Q. B. D. 177. The duty of the revising barrister with respect to the declaration is explained in Saint's Reg. Cas. (Third Supplement), p. 317. (k) The 6th section (repealed) of the Representation of the People Act, 1867, is as follows:-"Every man shall, in and after the year 1868, 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, 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 twelve months immediately preceding been, the occupier, as owner or tenant, of lands or tenements within the county of the rateable value of twelve pounds or upwards; and "3. Has during the time of such occupation been rated in respect to the premises so occupied by him to all rates (if any) made for the relief of the poor in respect of the said premises; and "4. Has on or before the twentieth day of July in the same year paid all poor rates that have become payable by him in respect of the said premises up to the preceding fifth day of January." (1) This section (repealed) enacts, "That in every 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 landlord, of the clear yearly value of not less than 107., 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 for such city or borough: Provided always, that no such person shall be so registered in any year unless he shall have occupied such premises as aforesaid for twelve calendar months next previous to the last 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 twentieth day of July in such year, all the poors rates and assessed taxes which shall have become payable from him in respect of such premises previously to the sixth day of April" (altered to the 5th of January by 11 & 12 Vict. c. 90) "then next preceding: 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 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." This franchise is now merged in the franchise enacted by sect. 5 of the Representation of the People Act, 1884. See ante, on p. 5. (m) The enactments here referred to include sects. 26 and 27 of the Representation of the People Act, 1867, as to successive and joint occupation respectively in counties, and sects. 28 and 29 of the Reform Act, 1832, as to successive and joint occupation respectively in boroughs. Sect. 7. sentation of the 8.-(1.) In this act the expression "the Represen- Definition tation of the People Acts" means the enactments (n) of "Reprefor the time being in force in England, Scotland, and Ireland respectively relating to the representation of the people, inclusive of the Registration Acts as de- "Regisfined by this act. (2.) The expression "the Registration Acts" means the enactments for the time being in force in England, Scotland, and Ireland respectively, relating to the registration of persons entitled to vote at elections for counties and boroughs, inclusive of the Rating Acts as defined by this act. (3.) The expressions "the Representation of the People Acts" and "the Registration Acts" respec People tration Sect. 8. tively, where used in this act, shall be read distribu tively in reference to the three parts of the United (4.) All enactments of the Registration Acts which (5.) All enactments of the Registration Acts which relate to the registration in counties and boroughs in Ireland of persons entitled to vote in respect of the county occupation franchise and the borough occupation franchise respectively, shall, with the necessary variations and with the necessary alterations of precepts, notices, lists, and other forms, extend respectively to the registration in counties and boroughs in Ireland of persons entitled to vote in respect of the household qualification conferred by this act. (6.) In Scotland all enactments of the Registration Acts which relate to the registration of persons entitled to vote in burghs, including the provisions relating to dates, shall, with the necessary variations, and with the necessary alterations of notices and other forms, extend and apply to counties as well as to burghs; and the enactments of the said acts which relate to the registration of persons entitled to vote in counties shall, so far as inconsistent with the enactments so applied, be repealed: Provided that in counties the valuation rolls, registers, and lists shall continue to be arranged in parishes as heretofore. (m) These enactments (so far as England is concerned) 2 appear to be for the most part contained in the following statutes:-8. Hen. 6, c. 7; 10 Hen. 6, c. 2; 18 Geo. 2, c. 18; 2 Will. 4, c. 45; 6 Vict. c. 18 (Registration); 30 & 31 Vict. c. 102; 31 & 32 Vict. c. 58 (Registration); 32 & 33 Vict. c. 41; 41 Vict. c. 3; 41 & 42 Vict. c. 26 (Registration). Sect. 8. Acts. 9.-(1.) In this act the expression "the Rating Definition Acts means the enactments for the time being cation of and appliin force in England, Scotland, and Ireland respec- Rating tively, relating to the placing of the names of occupiers on the rate-book, or other enactments relating to rating in so far as they are auxiliary to or deal with the registration of persons entitled to vote at elections; and the expression "the Rating Acts" where used in this act shall be read distributively in reference to the three parts of the United Kingdom as meaning in the case of each part the acts for the time being in force in that part. (2.) In every part of the United Kingdom it shall be the duty of the overseers annually, in the months of April and May, or one of them, to inquire or ascertain with respect to every hereditament which comprises any dwelling-house or dwelling-houses within the meaning of the Representation of the People Acts, whether any man, other than the owner or other person rated or liable to be rated in respect of such hereditament, is entitled to be registered as a voter in respect of his being an inhabitant occupier of any such dwelling-house, and to enter in the ratebook the name of every man so entitled, and the situation or description of the dwelling-house in respect of which he is entitled, and for the purposes of such entry a separate column shall be added to the rate-book. (3.) For the purpose of the execution of such duty, the overseers may serve on the person who is the occupier or rated or liable to be rated in respect of S. C |