32 & 33 Vict. c. 41, s. 4. Constructive rate. 3. The vestry may by resolution rescind any such order after a day to be fixed by them, such day being not less than six months after the passing of such resolution, but the order shall continue in force with respect to all rates made before the date on which the resolution takes effect: Provided that this clause shall not be applicable to any rateable hereditament in which a dwelling house shall not be included. It was held to be a condition precedent to an allowance under subs. 2 that the owner should give notice in writing, and that where an allowance had been made without such written notice the occupier could not be placed upon the list of voters, inasmuch as he had not made a payment within the meaning of s. 3, subs. 4, of the Act of 1867: Bennett v. Atkins, 4 C. P. D. 80; 48 L. J. C. P. 95; 40 L. T. 66; 27 W. R. 231; but the effect of this decision has been got rid of by the Assessed Rates Act, 1879, 41 Vict. c. 10, post. [5. Owners omitting to pay rates before the fifth day of June to forfeit commission.] [6. Repeal of 13 & 14 Vict. c. 99.] 7. Every payment of a rate by the occupier, notwithstanding payment of the the amount thereof may be deducted from his rent as herein provided, and every payment of a rate by the owner, whether he is himself rated instead of the occupier, or has agreed with the occupier or with the overseers to pay such rate, and notwithstanding any allowance or deduction which the overseers are empowered to make from the rate, shall be deemed a payment of the full rate by the occupier for the purpose of any qualification or franchise which as regards rating depends upon the payment of the poor rate. Occupiers paying rates may deduct them. Owners to give lists of occu piers, and liable to penalty for wilful omission. Notice to occupiers of rates in arrear. See note to s. 4, ante. 8. Where an owner who has undertaken, whether by agreement with the occupier or with the overseers, to pay the poor rates, or has otherwise become liable to pay the same, omits or neglects to pay any such rate, the occupier may pay the same and deduct the amount from the rent due or accruing due to the owner, and the receipt for such rate shall be a valid discharge of the rent to the extent of the rate so paid. 9. Every owner who agrees with the overseers to pay the poor rate, or who is rated or liable to be rated for any hereditament instead of the occupier, shall deliver to the overseers, from time to time, when required by them, in writing, a list containing the names of the actual occupiers of the hereditaments comprised in such agreement, or for which he is so rated or liable to be rated; and if any such owner wilfully omits to deliver such list when required to do so, or wilfully omits therefrom or misstates therein the name of any occupier, he shall for every such omission or misstatement be liable, on summary conviction, to a penalty not exceeding two pounds. 10. Section twenty-eight of "The Representation of the People Act, 1867," with respect to notice to be given of rates in c. 41. arrear, shall apply to occupiers of premises capable of conferring 32 & 33 Vict. the Parliamentary franchise, although the owners of such premises have become liable for the rates assessed thereon under the provisions of this Act. See s. 28 of the Act of 1867, post, Part II., " Registration of Electors." 11. Where the owner has become liable to the payment of the poor rates, the rates due from him, together with the costs and charges of levying and recovering the same, may be levied on the goods of the owner, and be recovered from him in the same way as poor rates may be recovered from the occupier. [12, 13. Recovery of rates unpaid by the owner. Appeal by owner.] 14. The overseers of every parish when they make a poor rate shall set forth in the title of the rate the period for which the same is estimated, and if the same is payable by instalments the amount of each instalment and the date at which each instalment is payable; Provided that if the necessities of the parish shall require it another rate may be made before such period shall have elapsed. 15. The overseers who make the poor rate for a period exceeding three months may declare that the same shall be paid by instalments at such times as they shall specify, and thereupon each instalment only shall be enforceable as and when it falls due, and the payment of any such instalment shall, a8 respects any qualification or franchise depending upon the payment of the poor rate, be deemed a payment of such rate in respect of the period to which such instalment applies. [18. Provision for successive occupiers, &c.] Liability of owner under agreement. Overseer to state period for which rate made. Overseers may make poor rate payable by in stalments. 17. A poor rate shall be deemed to be made on the day when When rate it is allowed by the justices, and if the justices sever in their made. allowance then on the day of the last allowance. This section gets rid of the difficulties caused by Jones v. Bubb, L. R. 4 C. P. 468, in where it was held that making included both signing by overseers and allowance by justices. 18. The production of the book purporting to contain a poor Evidence of rate, with the allowance of the rate by the justices, shall, if the rates. rate is made in the form prescribed by law, be primâ facie evidence of the due making and publication of such rate. Overseers to insert names of all occupiers in the rate. 19. The overseers in making out the poor rate shall, in every case, whether the rate is collected from the owner or occupier, or the owner is liable to the payment of the rate instead of the occupier, enter in the occupiers' column of the rate book the name of the occupier of every rateable hereditament, and such occupier shall be deemed to be duly rated for any qualification or franchise as aforesaid; and if any overseer negligently or wilfully and without reasonable cause omits the name of the omission. E Penalty for c. 41. Saving of franchises. 32 & 23 Vict. occupier of any rateable hereditament from the rate, or negligently or wilfully misstates any name therein, such overseer shall for every such omission or misstatement be liable on summary conviction to a penalty not exceeding two pounds; Provided that any occupier whose name has been omitted shall, notwithstanding such omission and that no claim to be rated has been made by him, be entitled to every qualification and franchise depending upon rating, in the same manner as if his name had not been so omitted. Interpretation of terms. Application of Short title. The conflicting decisions upon this section in Cross v. Allsop, L. R. 6 C. P. 315; 40 L. J. C. P. 53; and Smith v. Seghill, L. R. 10 Q. B. 422, led to the passing of 8. 14 of the Parliamentary and Municipal Registration Act, 1878, p. 56, post, which section affirms the view taken in Smith v. Seghill. 20. The word "Overseer" shall include every authority that makes an assessment for the poor rate; the words "Poor Rate shall mean the assessment for the relief of the poor, and for the other purposes chargeable thereon according to law, and in the metropolis shall extend to every rate made by the overseers, and chargeable upon the same property as the poor rate; the word "Owner" shall mean any person receiving or claiming the rent of the hereditament for his own use, or receiving the same for the use of any corporation aggregate, or of any public company, or of any landlord or lessee who shall be a minor, a married woman, or insane, or for the use of any person for whom he is acting as agent; the word "Parish" shall signify every place for which a separate overseer can be appointed; the word "Vestry "shall include not only the vestry of a parish existing under the authority of some general or special Act of Parliament, or by special custom or otherwise, but also the meeting of the inhabitants of any township, vill, or place having a separate overseer, and for which a separate poor rate is made, held after notice given in like manner as is required by law in regard to the meetings of vestries; and the word "Metropolis" shall include only the metropolis as defined by the Metropolis Management Act, 1855. 21. This Act shall not extend to Scotland or to Ireland. 22. This Act may be cited as "The Poor Rate Assessment and Collection Act, 1869." SCHEDULE. 22 George 3, c. 41. 43 George 3, c. 25. 7 & 8 George 4, c. 53, s. 9. 33 Vict. c. 14. An Act to amend the Law relating to the 33 Vict. c. 14. legal condition of Aliens and British Subjects. [12th May, 1870. "Whereas it is expedient to amend the law relating to the legal condition of aliens and British subjects;" BE IT ENACTED, as follows: 1. This Act may be cited for all purposes as "The Naturali- Short title. sation Act, 1870." Status of Aliens in the United Kingdom. 2. Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject; and a title to real and personal property of every description may be derived through, from, or in succession to an alien, in the same manner in all respects as through, from, or in succession to a natural-born British subject: Provided, (1.) That this section shall not confer any right on an alien to hold real property situate out of the United Kingdom, and shall not qualify an alien for any office or for any municipal, parliamentary, or other franchise: An alien is the child of a foreign father, born in a foreign country, or the child of a naturalised father born in a foreign country before the naturalisation. The children of natural-born subjects born abroad are naturalised by 7 Anne, c. 5, and 4 Geo. 2, c. 21. It was resolved by the House of Commons in 1698, in The Westminster Case (Heywood, 252), that an alien is disqualified at common law. Alien not qualified for franchise. 7. An alien who within such limited time before making the Application application hereinafter mentioned as may be allowed by one of for naturalisaher Majesty's principal Secretaries of State, either by general tion. order or on any special occasion, has resided in the United Kingdom for a term of not less than five years, or has been in the service of the Crown for a term of not less than five years, and intends, when naturalised, either to reside in the United Kingdom, or to serve under the Crown, may apply to one of her Majesty's principal Secretaries of State for a certificate of naturalisation. The applicant shall adduce in support of his application such Evidence. evidence of his residence or service and intention to reside or serve, as such Secretary of State may require. The said Secretary of State, if satisfied with the evidence adduced, shall take the case of the applicant into consideration, and may, with or without assigning any reason, give or withhold a certificate as he thinks most conducive to the public good, and no appeal shall lie from his decision, but such certificate shall not take effect until the applicant has taken the oath of allegiance. Qualification of alien for franchise by An alien to whom a certificate of naturalisation is granted shall in the United Kingdom be entitled to all political and other rights, powers, and privileges, and be subject to all obligations, naturalisation. certificate of Aliens. 33 Vict. c 14. to which a natural-born British subject is entitled or subject in the United Kingdom, with this qualification, that he shall not, when within the limits of the foreign state of which he was a subject previously to obtaining his certificate of naturalisation, be deemed to be a British subject unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect. Special certifi cate. The said Secretary of State may in manner aforesaid grant a special certificate of naturalisation to any person with respect to whose nationality as a British subject a doubt exists, and he may specify in such certificate that the grant thereof is made for the purpose of quieting doubts as to the right of such person to be a British subject, and the grant of such special certificate shall not be deemed to be any admission that the person to whom it was granted was not previously a British subject. An alien who has been naturalised previously to the passing of this Act may apply to the Secretary of State for a certificate of naturalisation under this Act, and it shall be lawful for the said Secretary of State to grant such certificate to such naturalised alien upon the same terms and subject to the same conditions in and upon which such certificate might have been granted if such alien had not been previously naturalised in the United Kingdom. 33 & 34 Vict. c. 23. Conviction for treason or for offices, &c. 33 & 34 Vict. c. 23. 2. If any person hereafter convicted of treason or felony, for which he shall he sentenced to death, or penal servitude, or any felony to be a term of imprisonment with hard labour, or exceeding twelve disqualification months, shall at the time of such conviction hold any military or naval office, or any civil office under the Crown or other public employment, or any ecclesiastical benefice, or any place, office, or emolument in any university, college, or other corporation, or be entitled to any pension or superannuation allowance payable by the public, or out of any public fund, such office, benefice, employment, or place shall forthwith become vacant, and such pension or superannuation allowance or emolument shall forthwith determine and cease to be payable, unless such person shall receive a free pardon from her Majesty, within two months after such conviction, or before the filling up of such office, benefice, employment, or place if given at a later period; and such person shall become, and (until he shall have suffered the punishment to which he had been sentenced, or such other punishment as by competent authority may be substituted for the same, or shall receive a free pardon from her Majesty), shall continue thenceforth incapable of holding any military or naval office, or any civil office under the Crown or other public employment, or any ecclesiastical benefice, or of being elected, or sitting or voting as a member of either House of Parliament, or of exercising any |