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« Six months' actual possession.” The words “ actual possession" mean a possession in fact as contradistinguished to a possession in law; and as the possession in fact of a rent charge, or other incorporeal hereditament, can be had only by the actual manual receipt of the rent itself, or some part of it, or something in lieu of it, so there could be no possession “ for six months prior to the 31st of July," where nothing took place but the execution of the deed, and no rent was due until after that date. Murray and Thorniley. Lut. 1, p. 496; B. & A. p. 472; and Hayden and Overseers of Tiverton. Lut. 1, p. 510.
Customary Freehold. A. had been for upwards of twenty years the owner in fee of a house and land above the annual value of 40s. but less than £.10. The property was situate in the manor of Digwell, at the Court Baron for which the claimant had acknowledged to hold the same house, &c. of the lord of the manor by free deed, fealty, suit of court, &c. and the payment of a yearly rent of 4d. No rent had ever been paid or demanded of him. The lord had by custom a right to compel the tenant to come in and acknowledge free tenure. Held, That the tenant had a freehold estate, and did not hold at the will of the lord or by copy of court roll, consequently, the value of the estate was sufficient to entitle the claimant to be registered. Passingham and Pitly. K. & G. p. 35.
Copyhold in a Borough. A copyhold house of more than £.10 annual value will not entitle the owner to be registered for the county, though the same be let out in separate tenements each of less than £.10 annual value. Proctor and Annison. K. & G. p. 297.
Leasehold in a Borough. The lessee of several houses comprised in one lease, the annnal value of each house (with one exception) being less than ten pounds, is entitled to be registered for the county, notwithstanding that the occupier of the one house would be entitled to vote for the borough. Webb and Overseers of Aston. Lut. 1. p. 18. B. & A. p. 20.
Occupation as Tenant." The Committee to a lunatic's estate in the occupation of certain lands the produce of which he receives for his own use and benefit, but paying no rent for the same, is not entitled to be registered as a £.50 occupying tenant, though his name is returned in the accounts to chancery as the tenant of the land. Burton and Langham. Lut. 2. p. 78.
Occupation at a single rent. The occupation of land under separate landlords at the respective rents of £.35 and £.20, will not entitle the occupier to be registered as a tenant paying a rent of £.50. Gadsby and Barrow. Lur. 1, p. 142. B. & A. p. 283.
II. ON THE QUALIFICATION OF CITY AND BOROUGH
ELECTORS. Rating and Payment of Rates and Taxes. Where a rate bears upon its face the name of the occupier, the premises for which he is rated, the rateable value thereof, and the amount of the rate, such rating is sufficient, within the 27th section of the Reform Act; and the payment of the entire rate by any of the parties jointly rated, is a payment by each of the joint occupiers of his respective rate. Wright and The Town Clerk of Stockport. Lut. 1. p. 32. B. & A. p. 39.
The occupier of the house, No. 3, Golden Lane, was by mistake rated as the occupier of No. 4. Under an agreement, the landlord of No. 3 paid all rates and taxes, the tenant paying an increased rent in consideration thereof. The landlord had paid all rates and taxes due, and the tenant all rent due. Held, That the tenant had been bonâ fide called upon to pay the rate, had bona fide paid it, and was rated within the meaning of the statute. Cook and Luckett. Lut. I. p. 432. B. & A. p. 666.
In consequence of a claim to be rated, the name the occupying tenant of a house, for which the landlord was rated, was inserted in the rate book after the name of the landlord, but nothing appeared annexed thereto in the columns of the rate book. Held, That the tenant was sufficiently rated for the house; and that the question of rating should be determined by inspection of the rate, without any evidence of the intention with which it was made. Pariente and Luckett. Lut. I. p. 441. B. & A. 701.
A claimant, in respect of different premises occupied in immediate succession, is not bound to shew that he has been rated, by name, on the rate book for them, provided he has paid all the rates, to entitle him to Rogers and Lewis. K. & G.
279. A claim to be rated, under the statute 2nd William IV., cap. 45, is only good for the rate for the time being. Wansey and Perkins. Lut. p. 249. B. & A. 402. By the statute 14th and 15th Victoriæ, cap. 14, however, subsequently passed, ns having once claimed to be rated in respect of premises, and paying or tendering the rates due, are not required to renew such claim.
An officer, in the service of the Government, occupying as such, rent free, a house belonging to the Government, in part remuneration for his services, is a tenant of such house, within the 27th section of the Reform Act; that such a tenant being rated, the rates being paid by the Government in part remuneration for the tenant's services, was liable for the rates, and that the payment was made on his account. Hughes and The Overseers of Chatham. LUT. I. p. 51. B. & A. p. 61.
Where no actual tender of rates due took place, at the time of giving a notice of claim to be rated, but the claimant asked “if there were any rates due?” and said, “if so, he was prepared to pay them,” the Overseer replying, “I will see to it,"--Held, Tbis was not a tender within the meaning of the statute. Bishop and Smedley. Lut I. p. 384.
All taxes due, whether previously demanded or not, must be paid, to be entitled to be registered. Ford and Smedley. Lut. II. p. 403.
Service of claim to be rated on Assistant Overseer, who had given votice of intention to resign. Caunter and Addams. H. & P. vol. I.
Occupation “as Tenant,” or “as Owner.” An officer, in the service of the Government, occupying, as such, a house, rent free, in part remuneration for his services, is a tenant of such house. Hughes and The Overseers of Chatham. Lut. I. p. 51. B. & A. 61.
The Surgeon of Greenwich Hospital is not entitled to be registered, in respect of the occupation of the apartments assigned to him, either as owner or tenant. Dobson and Jones. Lut. I. p. 105. B. & A. 243.
Nor are the Military Knights of Windsor, in respect of their residences. Heartley and Banks. K. G. p. 219.
Nor the Brethren of Leicester Hospital, in respect of their chambers. Heath and Haynes. K. & G. p. 99.
The lay clerks of Windsor have not the right of voting upon the facts stated in the case, as they do not shew an occupation either as owners or as tenants of the houses they have the option of occupying under their appointments. Bridgewater and Durrant. K. & G. p. 377.
If the occupation is as servant, it is not an occupation as tenant, though rent be paid. The hall-keeper of the Guildhall of B. is a servant of the Corporation, occupying premises belonging to the Corporation, for which he pays no rent, but pays the rates and taxes, residence being necessary to the discharge of his duties. Held, That he did not occupy as tenant. Clarke and The Overseers of St. Mary, Bury St. Edmunds. K. & G. p. 90.
Six persons, members of a political association, were joint lessees of a house, for which they alone were liable for the rent. There was no mention in the lease of the purposes for which the premises were to be used, but they were used by all the members of the Association, and the rent and servants' wages were paid out of its common funds. Held, That the lessees occupied the premises as tenants, and that the other members of the association were not in joint occupation of the premises. Luckett and Bright. Lut. I. p. 456. B. & A. p. 737.
A. being the lessee of a house and mill, took into partnership three persons, all of whom resided with A. upon the premises. Each paid one fourth of the expenses, and received one fourth of the profits, the rent to the lessor being paid out of the partnership funds. Held, That each was entitled to be registered in respect of the occupation, as tenant, of one undivided fourth part of the premises. Rogers and Harvey. K. & G. p. 169.
The Rating of Lodgers. A house in Queen-street, Sunderland, contains six rooms, and each room is letto a separate tenant. Neither the landlord nor any one representing bim resides on the premises. Previously to the passing of the Reform Act of 1867, the owner paid all rates ; but since then the overseers have rated each occupier separately. The question was, whether this was right, and it depended upon the construction of the seventh section of the Act, which is in effect that where any dwellinghouse or tenement shall be wholly let out in apartments or lodgings, not separately rated, then the owner shall be rated. The court unanimously held that the occupiers were not entitled to be severally rated, and that the rate should be made out in the name of the landlord.
The Claims of Women to Vote. Therevising barrister had expunged the names of 5,346 female claimants from the list, and the leading counsel for the appellant, contended that women had a right to the franchise, which they exercised in ancient times, and which modern legislation had not taken from them. The Lord Chief Justice and the other judges delivered separate judgments, and they all agreed that there was not sufficient authority for saying that by the common law women had had å right to vote for members of Parliament. In his (the Chief Justice's) opinion, the Reform Act of 1867, in saying that men should vote although considered in conjunction with Sir John Romilly's Act, did not entitle women to vote. The term men in the Reform Act did not include women : and even if it did, then women would come within the term “ incapacitated.” The decision of the revising barrister refusing the vote should be affirmed. Mr. Justice Byles said that he hoped that their unanimous decision, coupled with the unanimous decision of the Court of Session in Scotland, would for ever exercise and lay this ghost of a doubt which ought never to have risen.
Holding under the same Landlord. The landlord of premises, demised from year to year to the claimant, during the demise, and before the 31st of July, sells a part of them to a third person. This does not destroy the claimant's right to vote, as holding under the same landlord during the period required. Smerdon and Tucker. K. & G. p. 305.
Meaning of “ Other Building." A room in a factory, being a distinct and separate portion thereof, is
a building,” within the meaning of the statute 2nd William IV., сар. . 45. Wright and The Town Clerk of Stockport. Lut. I. p. 32. B. & A. p. 39. So, also, two rooms in a house, over which the occupier had exclusive control. Toms and Luckett. Lut. II. p. 19.
A cow-house, substantially built of stone, with a tiled roof, having & door, with lock and key, and suitable for the purposes for which it is used, is a building within the meaning of the words, “other building." Whitmore and Town Clerk of Wenlock. Lut. I. p. 10.
A building, containing a ground floor used as a cow-house, and an upper chamber, having a fire-place and a window, furnished with a bed and chairs where a party resided and slept, is a “ house" within the statute. Nunn and Denton. Lut. I. p. 178. B. & A. p. 324.
A shed, standing against the wooden paling of a wharf, but not fastened thereto, having a tarpauling roof supported by six posts put into the ground, and one of its sides boarded up, used for putting barrows, boops, &c. into, is a "building.” Watson and Cotton. LUT. II. p. 53.
A claimant cannot join together two separate buildings, in order to make up the value required to confer a vote for a city or borough under the 27th section of the Reform Act. Dewhurst and Fielden. Lut. I. p. 274. B. & A. p. 439.
A house and shop, not within the same curtilage, cannot be joined together so as to make one entire qualification. Powell and Price. Lut. I. p. 586.
A two-stalled stable with hay-loft over, annexed to which but at a lower elevation, is another brick building, to which again is annexed a wooden building divided into three compartments, all wbich, and the two brick buildings, open into the same yard, form one continuous structure under the same roof, and, therefore, constitute a building." Pownall and Dawson. Lut. II. p. 177. See also Joliffe and Rice. Lur II. p. 90.
Part of a house without any actual severance used and occupied as a residence does not confer a title to vote, as the subject of the occupation is not a house," but only " part of a house.” Cook and Humber. K. & G. p. 413, and Wilson and Roberts, K. & G. p. 340.
Where the facts shewed an “ actual severance,” the premises constituted
a house" within the meaning of the Reform Act. Henrette and Booth. H. & P. vol. I. p. 23.
Building, and Land occupied " therewith.” “ Therewith” refers to time and not to locality. Consequently, land at a distance from a building, if both be occupied during the qualifying period, by the same person as owner, or as tenant under the same land. lord, may be valued with the building for the purpose of making up a borough qualification. Collins and Tewkesbury. Lut. II. p. 217.
" Clear yeurly value.” Whether premises are of the “clear yearly value of £.10” is a question of fact for the determination of the Revising Barrister. Per Erle, J. the fair principle in ascertaining the value is to inquire what the premises would let for to å tenant, and deduct therefrom what a tenant would ordinarily have to pay. Coogan and Luckett. Lut. I. p. 447. B. & A. p. 716.
The fair annual rent of premises is the proper criterion of their “clear yearly value," without making any deductions for landlord's repairs or insurance. Colville and Wood. Lut. I. p. 483. B. & A. p. 721.
Residing within seven miles. A freeman resided with his wife and family, and carried on business at Gloucester, more than seven miles from Tewkesbury, but in order to obtain a vote for the borough, he paid 9d. per week for the use of a furnished bedroom and a closet at a friend's bouse at Tewkesbury. He had the key between January and July, during which time he slept in the bedroom twelve times, and in the course of the year between fifteen and twenty times, but he never took his meals in the house, except as a guest. Held, That he had not resided in Tewkesbury within the meaning of the statute. Whithorn and Thomas. Lut. I. p. 125. B. & A. p. 259.
Place of abode no part of qualification. The place of abode of a voter is no part of his qualifration. Per Maule, J.-Luckett and Knowles. Lut. I. p. 451. B. & A, 370.
Parochial Relief. A Freeman excused from payment of poor rate on the ground of poverty, is not disqualified as having received parochial relief or alms, within the meaning of the 36th section of the Reform Act. Mashiter and Town Clerk of Lancaster. Lut. II. p. 113.