same person shall expunge the entry in the list therefrom.*

"(6.) The revising barrister shall expunge the name of every person, whether objected to or not, whose name or place of abode, or the nature of whose qualification, or the name or situation of whose qualifying property if the qualification is in respect of property, or any other particulars respecting whom by law required to be stated in the list, is or are either wholly omitted or in the judgment of the revising barrister insufficiently described for the purpose of being identified, unless the matter or matters so omitted or insufficiently described be supplied to the satisfaction of the revising barrister before he shall have completed the revision of the list in which the omission or insufficient description occurs, and in case such matter or matters shall be so supplied, he shall then and there insert the same in such list:f

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(7.) He shall expunge the name of every person, whether objected to or not, where it is proved to the revising barrister that such person was, on the last day of July then next preceding, incapacitated by any law or statute from voting at an election for the parliamentary borough or an election for the municipal borough, as the case may be, to which the list relates:

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(8.) Before expunging from a list the name of any person not objected to, the revising barrister shall cause such notice, if any, as shall appear to him necessary or proper under the circumstances of the proposal to expunge the name, to be given to or left at the usual or last-known place of abode of such person:

See sect. 11 of the Act of 1878, as to the registrar's return of deaths to the overseers.

†This sub-section is substantially the same as a portion of sect. 40 of 6 Vict. c. 18; for decisions under which section see Saint's Reg. Cas. ("Sufficiency of Description in Lists of Voters"), p. 161. The authority of at least some of those decisions, however, seems to have been shaken by Ford v. Hoar, L. R., 14 Q. B. D. 507. See note (*) to sub-sect. 13, post, p. 35.

Neither the receipt of parochial relief or insufficient occupation constitutes the electoral incapacity referred to in this sub-section, such incapacity being a general (inherent) incapacity to vote at all, and not a mere temporary or casual disqualification. (Hayward v. Scott, L. R., 5 C. P. D. 231; Colt. Reg. Cas. 76; 49 L. J., C. P. D. 167.) See also notes in Saint's Reg. Cas. ("Personal Disqualifications") on pp. 285 and 286.

S.

D

Sect. 1.

Sect. 1.

"(9.) Subject as herein and otherwise by law provided, the revising barrister shall retain the name of every person not objected to, and also of every person objected to, unless the objector appears by himself or by some person on his behalf in support of his objection:

"(10.) If the objector so appears the revising barrister shall require him, unless he is an overseer, to prove that he gave the notice or notices of objection required by law to be given by him, and to give primâ facie proof of the ground of objection, and for that purpose may himself examine and allow the objector to examine the overseers or any other person on oath touching the alleged ground of objection, and unless such proof is given to his satisfaction shall, subject as herein and otherwise by law provided, retain the name of the person objected to:

"An objection made under this act by overseers shall be deemed to cast upon the person objected to the burden of proving his right to be on the list:

"The prima facie proof shall be deemed to be given by the objector if it is shown to the satisfaction of the revising barrister by evidence, repute, or otherwise that there is reasonable ground for believing that the objection is well founded, and that by reason of the person objected to not being present for examination, or for some other reason, the objector is prevented from discovering or proving the truth respecting the entry objected to:

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(11.) If such proof is given by the objector as herein prescribed, or if the objection is by overseers, then unless the person objected to appears by himself or by some person on his behalf, and proves that he was entitled on the last day of July then next preceding to have his name inserted in the list in respect of the qualification described in such list, the revising barrister shall expunge the name of the person objected to:

"(12.) Where the matter stated in a list or claim, or proved to the revising barrister in relation to any alleged right to be on any list, is in the judgment of the revising barrister insufficient in law to constitute a qualification of the nature or description stated or claimed, but sufficient in law to constitute a qualification of some other nature or description, the revising barrister, if the name is entered in a list for which such true qualification in law is appropriate, shall correct such entry by inserting such qualification accordingly, and in any other case shall insert the name with such qualification in the appropriate list, and shall expunge it from the other list, if any, in which it is entered:*

* The meaning of this sub-section seems to be capable of illustration as follows:-A revising barrister has before

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(13.) Except as herein provided, and whether any person is objected to or not, no evidence shall be given of any other qualification than that which is described in the list or claim, as the case may be, nor shall the revising barrister be at liberty to change the description of the qualification as it appears in the list except for the purpose of more clearly and accurately defining the same:"

*

(e) Sect. 29 enacts that "The provisions of the fiftyfirst section of the Parliamentary Registration Act, 1843, relating to the power of the revising barrister to fine overseers for neglect of duty, shall extend to every wilful refusal, neglect, or breach of duty on the part of overseers in the execution of this act."

him an entry in a list or claim in respect of a "shop." The evidence (if any) adduced proves the subject-matter to be, not a shop, but a "warehouse." Here the misdescription is contained in a list or claim for which the "true qualification" is appropriate. The revising barrister, therefore, corrects the entry by inserting such qualification accordingly. Again, an entry in a list or claim is in respect of an inhabitant occupation of a dwelling-house; evidence is given which establishes the qualification of a "lodger"; the revising barrister enters the voter's name in the list appropriate to lodgers, and expunges the other entry. It would seem to follow from the application of sub-sect. 12 to the registration of ownership voters in counties that an entry in a list or claim of a "freehold" qualification may be corrected by the revising barrister to "leasehold," and vice versâ.

* The language of this sub-section is nearly identical with that of sect. 40 of 6 & 7 Vict. c. 18, but the words "except as herein provided" are substituted for "provided always," the expression used in the earlier statute. In the somewhat startling decision of the court in Ford v. Hoar (L. R.. 14 Q. B. D. 507), the words "except as herein provided" were held not to be confined in their operation to the preceding sub-section (12), but to refer to the whole section, and consequently to authorize the correction (under sub-sect. 1) of any mistake in an overseer's list, although such correction involved a change of the voter's qualification as it appeared in the list.

According to Lord Coleridge, C. J., who dissented from the majority of the court in the above case, the case was not distinguishable from Bartlett v. Gibbs (5 M. & G. 81), decided on sect. 40 of 6 & 7 Vict. c. 18; nor is it easily reconcilable with Porrett v. Lord (L. R., 5 C. P. D. 65), decided on sect. 24 of 41 & 42 Vict. c. 26.

Sect. 1.

Sect. 1.

Adaptation of acts

as regards

lists of county voters.

The 51st section of the Act of 1843 (referred to above) enacts"that any overseer of any parish or township who shall wilfully refuse or neglect to make out any list, or who shall wilfully neglect to insert therein the name of any person who shall have given due notice of claim, or who in making out the list of voters for any city or borough shall wilfully and without any reasonable cause omit the name of any person duly qualified to be inserted in such list, or who shall wilfully and without reasonable cause insert in such list the name of any person not duly qualified, or who shall wilfully refuse or neglect to publish any notice or list, or copy of the part of the register of voters relating to his parish or township, at the time and in the manner required by this act, or who shall wilfully refuse or neglect to deliver to the clerk of the peace the copy of the lists of claimants and of persons objected to, and the copies of the register, as required by this act, or who shall wilfully refuse or neglect to deliver to the town clerk of the city or borough the copies of the several lists as required by this act, or who shall wilfully refuse or neglect to attend the court for revising the lists of voters of his parish or township, or to attend any revising barrister when required by any summons as aforesaid" (i. e., pursuant to sect. 50)" or who shall wilfully refuse or neglect to deliver to the barrister or barristers holding any such court the several lists to be made out by them as aforesaid, or who shall be wilfully guilty of any other breach of duty in the execution of this act, shall, for every such offence be liable to pay by way of fine a sum of money not exceeding five pounds nor less than twenty shillings, to be imposed by and at the discretion of any barrister holding any court for the revision of any list of the parish or township of such overseer: Provided always, that nothing herein contained as to any fine as aforesaid shall affect or abridge any right of action against any overseer or other person liable to any fine as aforesaid, or any liability such overseer or other person may incur under or by virtue of this act or the said recited act."

2.-(1.) For the purpose of the enactments relating to the registration of voters the lists of occupation voters in a parliamentary county shall be deemed to be part of the list of voters in that county, and any person whose name appears in the list of voters may object to the name of any other person therein, in like manner as if he were on the register of voters for the county (f).

(2.) In the list of voters and register of voters in Sect. 2. a parliamentary county there shall be separate lists

of

(a) Ownership voters;

(b) Occupation voters other than lodgers; and (c) Lodgers (g).

(f) The right to object had been restricted by sect. 7 of 6 Vict. c. 18, to persons on the register of voters for the time being.

(g) The lodgers here referred to are those whose names are comprised in the "Old Lodgers' List," Schedule 2, Form (D.), No. 3.

of dates.

3.-(1.) In both parliamentary counties and parlia- Alteration mentary boroughs notices of claims and objections shall be given on or before the twentieth day of August, and the twentieth day shall be substituted in the Parliamentary Registration Acts for the twenty-fifth day of August wherever the same

occurs.

(2.) The overseers shall, in both parliamentary counties and parliamentary boroughs, on or before the twenty-fifth day of August publish the lists of claims and objections, and deliver to the clerk of the peace and town clerk respectively the papers mentioned in sections nine (h) and nineteen (i) of the Parliamentary Registration Act, 1843; and the 6 & 7 Vict. twenty-fifth day of August shall be substituted in the Parliamentary Registration Acts for the twentyninth day of August and for the first day of September wherever those dates respectively occur, and the first fourteen days after the said twenty-fifth day of August shall be substituted for the first fourteen days of September (k).

(h) The papers mentioned in sect. 9 (relating to counties) are the following:

1. A copy of the appropriate portion of the register, with the marginal additions:

c. 18.