BURGESS. rates. unless he shall have paid on or before the twentieth day of July Payment of in such year, all such rates, including therein all borough rates, if any, directed to be paid under the provisions of the said Acts, as shall have become payable by him in respect of the said Successive premises up to the preceding fifth day of January: Provided also occupation. that the premises in respect of the occupation of which any person shall have been so rated need not be the same premises or in the same parish, but may be different premises in the same parish or in different parishes: Provided also, that no person being an alien shall be so enrolled in any year, and that no person shall be so enrolled in any year who within twelve calendar months next before the said last day of July (q) shall have received parochial relief or other alms: Provided also that the respective distances mentioned in this Act shall be measured in the manner directed by 6 & 7 Vict. c. 18, s. 76" (r). Aliens, Paupers. It is also provided by the Municipal Corporations Act, 1835, s. 12, "That where any house, warehouse, counting-house, or shop in any borough shall come to any person by descent, marriage, marriage-settlement, devise, or promotion to any benefice or office, such person shall be entitled to reckon the occupancy and Devolution rating in respect of the occupancy thereof by the person from of qualifica or by whom such house, warehouse, counting-house, or shop shall have so come to him, as his own occupancy and rating conjointly with the time during which he shall have since occupied and been rated for the same, and shall be entitled to be enrolled a burgess in respect of such successive occupancy and rating, provided he shall be otherwise qualified as herein provided." tion. Constructive occupancy, and rating. And by 7 Will. 4 & 1 Vict. c. 78, s. 8, it is further provided that in cases coming under the above section, "It shall not be necessary, in support of the title of such person to be enrolled on the burgess roll, to prove that he was an inhabitant (8) householder within the said borough, or within seven miles of the said borough, or that he was an occupier or rated within the same, before the title to such house or other property as aforesaid shall have devolved upon him." And by s. 9, "The rating in the name of the person previously occupying shall be considered a sufficient (q) Now the 15th. 41 & 42 Vict. c. 26, s. 7. (r) Section 76 provides that the seven miles are to be measured in a straight line on the horizontal plane from the point within the city or borough or place sharing in the election therewith-i.e., from the nearest point thereof. Oldham, 1 O'M. & H. 158. Section 76 also provides that the distance may be measured and determined by the ordnance map where there is one. (s) These words referred to s. 9 of the original Act which contained them-mere "residence" is all that is now necessary. post, p. 111. See rating of the person so entitled until a new rate shall be made BURGESS. subsequent to such devolution of title as aforesaid." rated. The Municipal Corporations Act, 1835, s. 11, also provides for Claim to be occupiers claiming to be rated, making such claim together with payment or tender of the rate equivalent to rating. See Appendix. The Act further enacts (s. 13) that "no person shall be enrolled a burgess of any borough for the purpose of enjoying the rights conferred for the first time by this Act, in respect of any title other than by occupancy and payment of rates within such borough according to the meaning and provisions of this Act." And, finally, the municipal franchise is conferred by s. 29, which enacts that every burgess of any borough who shall be enrolled on the burgess roll for the time being of such borough, shall be entitled to vote in the election of councillors and of auditors and assessors for such borough, and that no person who shall not be enrolled in such burgess roll for the time being shall have any voice or be entitled to vote in any such election. The ingredients of the municipal franchise may therefore be divided into three heads 1. Occupation of premises in the borough : 2. Residence in or within seven miles of the borough: 3. Rating and payment of rates. While the municipal franchise bears a certain resemblance to the parliamentary borough franchise given under the Reform Act of 1832, it differs in two important particulars, viz. :— The franchise is irrespective of the value of the premises occupied, and women as well as men are entitled to vote, With regard to the first head mentioned above, i.e., occupation occuration. of premises, the words, "house, warehouse, counting-house, shop, or other building," being identical with those in the 27th section of the Reform Act of 1832, the observations and cases cited in Chap. 2 of this work will be found applicable, the fact being of course borne in mind that the value of the premises occupied is immaterial. It will have been observed that the section defining the muni. What cipal franchise in describing the occupation does not contain the necessary. words" as owner or tenant," which are included in the Reform Acts of 1835 and 1867: bare occupation, therefore, for the requi site period, provided it be lawful, would seem to be sufficient. As to what constitutes occupation as distinct from ownership or tenancy, see the authorities collected ante, Chap. 2, p. 72, s. 99. The section defining the municipal franchise, in providing for the case of successive occupation by the same person (proviso 2 to s. 1 of 32 & 33 Vict. c. 55) does not use the words "different OCCUPATION, premises occupied in immediate succession," which words occur in Successive both the Reform Acts in the corresponding sections, viz., s. 28 of occupation. the Act of 1832, and s. 26 of the Act of 1867; but it is presumed that it is nevertheless essential that the premises should be so Constructive occupied, otherwise the intention of the Act, which was to make occupation for a specified year a necessary qualification would be defeated. occupancy. RESIDENCE. RATING. Constructive rating. Borough rates. Lodgers. Women. Married women. The constructive occupancy by descent, marriage, &c., is peculiar to the municipal franchise. As to the second head, viz., residence, it is sufficient to refer the reader to the observations and cases in Chap. 2, pp. 92-95. The questions arising under the head of rating, and payment of rates will be found fully discussed in Chap. 2. The only matter relating to rating as a qualification for the municipal franchise to which it seems necessary to call attention here, is the provision in s. 12 of the Municipal Corporations Act, 1835, that any person acquiring franchiseable premises by descent, marriage, marriage-settlement, devise, or promotion to any benefice or office, may reckon the rating in respect of the occupancy thereof by the person from whom he (or she) acquires the premises as his own rating conjointly with the time during which he shall have since been rated for the same. This description of constructive or imputed rating is peculiar to the municipal franchise. The statutes relating to the collection of borough rates are 5 & 6 Will. 4, c. 76; 7 Will. 4 & 1 Vict. c. 81; 8 & 9 Vict. c. 110, and 12 & 13 Vict. c. 65. As to what is the meaning of "all borough rates," see Reg. v Mayor of Lichfield, 2 Q. B. 693. Although lodgers, as such, are not entitled to be enrolled as burgesses, it is evident that, provided they are otherwise qualified as occupiers, their lodgings would give them the necessary residential qualification. This was not the case when the Municipal Corporations Act of 1835 was passed, as that made residence as an inhabitant householder necessary. It has been already mentioned that women are entitled to be enrolled as burgesses. This also was the result of legislation subsequent to the Municipal Corporations Act, 1835, in which the words used were "every male person of full age, &c.," i.c., s. 9 of 32 & 33 Vict. c. 55, which provides that in the Municipal Corporation Act and amending Acts, words importing the masculine gender shall be held to include females for all purposes connected with and having reference to the right to vote in the election of councillors, auditors, and assessors. It has been decided that the status of married women is not affected by this section, Reg. v. Harrald, L. R. 7 Q. B. 361, and a married woman cannot vote, though living apart from her hus- OCCUPATION. band, and qualified by occupation and payment of rates (t). It will have been noticed that two disqualifications are mentioned in the section (») defining the municipal franchise, viz., being an alien, and having received parochial relief or other alms (r): these will be found fully treated of, together with other (y) disqualifications, in the chapter on "Incapacities to Elect" (chap. 4). (1) Quare whether a woman rightly on the burgess list, but married before the election is disqualified. Hannen, J., S. C. (u) Section 1 of 32 & 33 Vict. c. 55, ante, p. 109. () The M. C. Act, 1835, s. 9, contained in addition the words "or any pension or charitable allowance from any fund intrusted to the charitable trustees of such borough." (y) Including disqualification of county and borough constables, persons found guilty of corrupt practices, and some others. CLERKS OF FOR the purpose of forming a register of voters for counties, the THE PEACE clerk of the peace for every county (or person executing that office, 6 Vict. c. 18, s. 101), on or before the 10th day of June in every year, transmits to the overseers of every parish or township in the county (a) his precept (b), which he must sign; a sufficient To issue precepts and forms. (a) Places having no overseers are to be deemed to be within the parish or township adjoining thereto, and sharing in the right of election with it; and if any such place adjoin two or more parishes or townships sharing in the right of election, then it shall be deemed to be within the least populous; 6 Vict. c. 18, s. 22. (b) It is provided by sect. 58 of the 30 & 31 Vict. c. 102, that all precepts relating to the registration of voters shall be framed and expressed in such manner and form as may be necessary for carrying the provisions of that Act into effect. No directions are given by which the form of precept given in Schedule A. to the 28 & 29 |