HOUSES ETC., IN ties, originally required by the 8 Hen. 6, c. 7, were repealed by 14 Geo. 3, c. 58. See Wansey v. Perkins, 7 M. & G. 141, note (a). BOROUGHS. Nor need they be assessed to the land-tax, 2 Will. 4, c. 45, s. 22, and see 6 Vict. c. 18, s. 77. ,, relief. The receipt of parochial relief did not disqualify a county as it Parochial does a borough voter; see post, cap. "Incapacities to Elect." But by the 40th section of the 30 & 31 Vict. c. 102, it is provided that "The thirty-sixth section of the Act of the second year of King William the Fourth, chapter forty-five, disqualifying persons in receipt of parochial relief from being registered as voters for the borough, shall apply to a county also, and the said section shall be construed as if the word 'county' were inserted therein before the word 'city.'-" Registration, which is in all cases necessary to entitle a voter to Registraexercise the franchise, will be discussed in a separate chapter. tion. BEFORE REFORM ACTS. claim to be rated PAYMENT OF RATES THE rights of voting for cities and boroughs, before the year 1832, were not, as in counties, regulated by any statute, or fixed rule, uniformly pervading the whole kingdom, They were established 86 RATING ib. 89 constructive ib. by special Acts of Parliament, by charters, by local usage, or by last determinations of the House of Commons applicable to the particular place. Where none such existed to abridge or limit the common-law right, it was said to belong to the "inhabitant householders." Pontefract, Glanv. 107; Cirencester, ibid. 141; Boston, 1 Journ. 893; East Grinstead, 2 Journ. 10; Marlborough, 10 Journ. 70; Coleraine, P. & K. 502. The Reform Act passed in the above year, 2 Will. 4, c. 45, while preserving to the then existing voters their rights, to some for ever (ss. 18, 31, and 32), to others but for a time (ss. 32 to 35), introduced into all cities and boroughs an uniform occupation franchise for premises of the annual value of 101.; while the 30 & 31 Vict. c. 102, passed in 1867, without disturbing any existing franchise, has again conferred the franchise upon "inhabitant householders" with the addition in certain cases of lodgers, who may be said to represent the ancient franchise of "inhabitants " or potwallers, of which, with the other ancient reserved rights, we shall have to speak at the end of this chapter. BEFORE REFORM ACTS. UNDER REFORM ACTS. The 2 Will. 4, c. 45, by s. 27, 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, countinghouse, 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 ten pounds, 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 The 100 so registered in any year unless he shall have occupied such pre- franchise. occupation mises as aforesaid for twelve calendar months next previous to the last (a) 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 (a) Now the 15th July, see 41 & 42 Vict. c. 26, s. 7. UNDER REFORM ACTS. Household franchise. Lodger franchise. year, all the poor's rates and assessed taxes which shall have become payable from him in respect of such premises previously to the sixth day of April then next preceding (b): 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 (c) 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." By the 30 & 31 Vict. c. 102, s. 3, it is provided that "Every man shall, in and after the year one thousand eight hundred and sixty-eight, be entitled to be registered as a voter, and, when registered, to vote for a member or members to serve in Parliament for a borough, 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 (c) day of July, in any year, and has during the whole of the preceding twelve calendar months been an inhabitant occupier, as owner or tenant, of any dwelling-house within the borough; and (3) Has during the time of such ocenpation been rated as an ordinary occupier in respect of the premises so occupied by him within the borough to all rates (if any) made for the relief of the poor in respect of such premises; and (4) Has on or before the twentieth day of July in the same year bonâ fide paid an equal amount in the pound to that payable by other ordinary occupiers in respect of all poor rates that have become payable by him in respect of the said premises up to the preceding fifth day of January: Provided that no man shall under this section be entitled to be registered as a voter by reason of his being a joint occupier of any dwelling-house." And by s. 4, it is provided that "Every man shall, in and after the year one thousand eight hundred and sixty-eight, be entitled to be registered as a voter, and, when registered, to vote for a member or members to serve in Parliament for a borough, who is qualified as follows; that is to say, (1) Is of full age, and not subject to any legal incapacity; and (2) As a lodger has occupied in the same borough separately and as sole tenant for the twelve months preceding the last (c) 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 ten pounds or upwards; and (3) Has resided in such lodgings during the twelve months immediately preceding the last (c) day of July, (b) Now the 5th of January, 11 & 12 Vict. c. 90. and has claimed to be registered as a voter at the next ensuing UNDER registration of voters." REFORM ACTS. ments under The Parliamentary and Municipal Registration Act, 1878 (41 Definitions & 42 Vict. cap. 26), explains, and, as regards lodgers, extends and amendthe franchises just mentioned as follows:-Section 5 provides that 41 & 42 Vict. the terms "house, warehouse, counting-house, shop, or other c. 26. building," in the Reform Act, 1832, shall include any part of a house where that part is separately occupied for the purpose of any trade, business, or profession; and that any such part may for the purpose of describing the qualification be described as "office," "chambers," "studio," or by any like term applicable to the case. Also that the term "dwelling-house," (d) in the Act of 1867, shall include any part of a house where that part is separately occupied as a dwelling, and that the term "lodgings" shall include any apartments or place of residence, whether furnished or unfurnished, in a dwelling-house. Separate occupation is in the same section defined as follows: "Where an occupier is entitled to the sole and exclusive uses of any part of a house, that part shall not be deemed to be occupied otherwise than separately by reason only that the occupier is entitled to the joint use of some other part." The further provisions as to the lodger franchise are—Sect. 6 (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 to such lodgings. Sect. 7 provides that, in boroughs, the periods of qualification formerly computed by reference to the last day of July, shall instead thereof be computed by reference to the 15th of July. (d) This is in substitution for the interpretation in sect. 61 of the Act of 1867, which made separate rating necessary. D |