another, or for any lives whatsoever, of any freehold lands or FREEHOLDS. tenements in respect of which he now has, or but for the passing Under Reof this Act might acquire, the right of voting in such election, form Acts. from retaining or acquiring, so long as he shall be so seised of the same lands or tenements, such right of voting in respect thereof, if duly registered," &c.

By s. 5 of 30 & 31 Vict. c. 102, “Every man shall be entitled to be registered as a voter, and when registered, to vote for a member or members to serve in Parliament, for a county (which includes any riding, parts, or division of a county, returning a member or members to serve in Parliament,' see s. 61), who is qualified as follows: that is to say (1), is of full age, and not subject to any legal incapacity, and is seised, at law or in equity, of any lands or tenements of freehold, copyhold, or any other tenure whatever, for his own life, or for the life of another, or for any lives whatsoever, or for any larger estate, of the clear yearly value of not less than five pounds over and above all rents and charges, payable out of, or in respect of the same: or (2), who is entitled either as lessee or assignee, to any lands or tenements of freehold or of any other tenure whatever, for the unexpired residue, whatever it may be, of any term originally created for a period of not less than sixty years (whether determinable on a life or lives, or not), of the clear yearly value of not less than five pounds over and above all rents and charges, payable out of, or in respect of the same. Provided that no person shall be registered as a voter, under this section, unless he has complied with the provisions of the 26th section of 2 Will. 4, c. 45, which provides

"That notwithstanding anything hereinbefore contained no person shall be entitled to vote in the election of a knight or knights of the shire to serve in any future Parliament unless he shall have been duly registered according to the provisions hereinafter contained; and that no person shall be so registered in any year in respect of his estate or interest in any lands or tenements, as a freeholder, copyholder, customary tenant, or tenant in ancient demesne, unless he shall have been in the actual possession thereof, or in the receipt of the rents and profits thereof for his own use, for six calendar months at least next previous to the last day of July in such year, which said period of six calendar months shall be sufficient, any statute to the contrary notwithstanding; and that no person shall be so registered in any year, in respect of any lands or tenements held by him as such lessee or assignee, or as such occupier and tenant as aforesaid, unless he shall have been in the actual possession thereof, or in the receipt of the rents and profits thereof for his own use, as the case may require, for twelve calendar months

Under Reorm Acts.

FREEHOLDS. next previous to the last day of July in such year: Provided always, that where any lands or tenements, which would otherwise entitle the owner, holder, or occupier thereof to vote in any such election, shall come to any person, at any time within such respective periods of six or twelve calendar months, by descent, succession, marriage, marriage settlement, devise, or promotion to any benefice in a church, or by promotion to any office, such person shall be entitled in respect thereof to have his name inserted as a voter in the election of a knight or knights of the shire in the lists then next to be made by virtue of this Act as hereinafter mentioned, and upon his being duly registered according to the provisions hereinafter contained, to vote in such election.""

By s. 20 of 2 Will. 4, c. 45, it is enacted," that every male person of full age, and not subject to any legal incapacity, who shall be entitled either as lessee or assignee, to any lands, or tenements, whether of freehold, or of any other tenure whatever-for the unexpired residue, whatever it may be, of any term originally created for a period of not less than twenty years (whether de terminable on a life or lives or not), of the clear yearly value of no less than fifty pounds over and above all rents and charges, pay able out of or in respect of the same-shall be entitled to vote in the election of a knight or knights of the shire to serve in any future Parliament for the county, or for the riding, parts, of division of the county, in which such lands or tenements shall b respectively situate. Provided always, that no person, being only a sub-lessee, or the assignee of any under-lease, shall have a right to vote in such election in respect of any such term of sixty years or twenty years as aforesaid, unless he shall be in the actual occupation of the premises" (b).

By s. 6 of 30 & 31 Vict., c. 102, "Every man shall, in and afte the year 1868, be entitled to be registered as a voter, and whe registered to vote for a member or members to serve in Parlia ment for a county, who is qualified as follows; that is to say (1) Is of full age, and not subject to any legal incapacity; (2) I on the last day of July, in any year, and has during the twelv

(b) It will be observed, that the 5th section of the 30 & 31 Vict c. 102, does not contain any similar proviso to the above as to sul lessees of terms for 60 years being in actual occupation to entitl them to vote. It may be, that this proviso is in effect incorporate into the first-mentioned Act by the 59th section, providing tha the two Reform Acts shall be construed together; but this i questionable, and if the contrary be held, it is needless to remar what an opportunity is thus created for the wholesale creation votes out of a long term by means of sub-leases. See per Willes Brett, J.J., Chorlton v. Stretford, L. R. 7, C. P. 201; 1 H. & ( 712; 41 L. J., C. P. 37.

months immediately preceding, been the occupier, as owner or FREEHOLDS. tenant, of lands or tenements within the county of the rateable Under Revalue of 121. or upwards; (3) Has during the time of such occu- form Acts. pation been rated in respect to the premises so occupied by him to all rates (if any) made for the relief of the poor in respect of the said premises; (4) Has on or before the 20th day of July in the same year paid all poor rates that have become payable by him in respect of the said premises up to the preceding 5th day of January."

The voters, therefore, now entitled to the county franchise may be divided into five classes (c).

I. Persons seised of an estate of inheritance (i.c., in fee simple or fee tail) of freehold tenure of the value of 40s. per annum. II. Persons seised of an estate for life or lives of freehold tenure of the value of 408., but under the value of 51. per annum, who (a) actually and bonâ fide occupy the premises, or (B) were seised of such estate on the passing of the 2 Will. 4, c. 45 (7th June, 1832), or

(7) having acquired such estate after that day, have acquired it by marriage, marriage settlement, devise, or promotion to a benefice or office.

III. Persons seised of an estate for life or lives of any tenure whatever, of the value of 57. per annum.

IV. Persons possessed of a chattel interest of a certain value and duration in land.

V. Occupiers of land of a certain rateable value.

OF INHERIT-
ANCE.

I. The 1st class of the above division was entitled to vote before FREEholds the 2 Will. 4, c. 45, which has made no alteration in their condition, and this class needs no further comment.

(c) In strictness there is a 6th class, viz. occupiers at a rent of 501., who are not rated at 127., or upwards. Such a case might exist, and if it should, such an occupier would certainly be entitled to vote under s. 20 of 2 Will. 4, c. 45, (see s. 56 of 30 & 31 Vict. e. 102, which enacts that "the franchises conferred by this Act shall be in addition to and not in substitution for any existing franchises,") if he occupied premises at the requisite rent, under the same landlord, Gadsby v. Barrow, 7 M. & G. 21; 1 Lutw. 142; 14 L. J., C. P. 51; but it is so unlikely as not to require further notice here. See 6 Vict. c. 18, s. 73; Burton v. Gery, 5 C. B. 7; 2 Lutw. 4; 17 L. J., C. P. 66; Smith v. Foreman, 34 L. J., C. P. 93; 28 & 29 Vict. c. 36, s. 17. As to cases where the occupation is joined with the hire of chattels,-e.g., a dairy of cows-to make up the value, see Elliott on Reg., pp. 119-124; R. v. Berkswell, 6 A. & E. 282.

FREEHOLDS

FOR LIFE.

Actual

II. The 2nd class are those seised of an estate of freehold tenure for life or lives of the value of 40s., but under the value of 51. per annum.

And first-of those who actually and bona fide occupy the premises.

The "occupation" required in this case is peculiar from the Occupation. introduction of the word "actual," which does not occur in the section in the 2 Will. 4, c. 45, conferring the occupation franchise in boroughs. Duigenan's case, Alcock, R. C. R. 166 (under the Irish Reform Act, 2 & 3 Will. 4, c. 88), was a case of household suffrage in a town, for which "actual occupation" is not required. The question, what is "actual occupation?" has been supposed to be illustrated by the decisions under one of the Pauper Settlement Acts (1 Will. 4, c. 18), where the same words are used; and in which it was held that no constructive occupation by a tenant or lodger-nothing, in short, but the person's own inclusive occupation of the whole premises, satisfied the provisions of the Act. St. Nicholas, Rochester, 5 B. & Ad. 219; St. Nicholas, Colchester, 2 A. & E. 599; R. v. Berkswell, 6 A. & E. 282. The case of R. v. St. Giles in the Fields, 4 A. & E. 495, where the pauper let out beds by the night or week, reserving power to put other beds in the room-the lodgers having no right to the rooms by day, and the pauper having the control over the whole house, and keeping the keys of all the rooms-was held to be distinguishable from the above cases, being more like that of an innkeeper; and the letting out beds in the way stated was held not to prevent the pauper from being the actual occupier of the whole house, within the meaning of the above Act. See also R. v. Pakefield, 4 A. & E 612.

But it is clear these settlement cases do not apply. See Hughes v. Overseers of Chatham, 7 Scott, N. R. 581; 13 L. J., C. P. 44 1 Lutw. 51; Smith v. Lancaster, L. R. 5, C. P. 250; 1 H. & C 287; 39 L. J., C. P. 33; per Bovill, C.J. This section of the 2 Will. 4, c. 45, was probably directed to a double purpose; 1st The reservation of the rights of a large class of the then existing voters of the humbler sort, who substantially occupied; 2ndly The prevention of the fraudulent manufacture of votes at thi low standard of value by means of life-rent charges, and othe small incorporeal hereditaments, such as freewarren, right o fishery, common, &c. (see post, p. 26), which are incapable c occupation. And in Trenfield v. Lowe, L. R. 4, C. P. 454, it wa held that the tenant of a piece of ground called “an acre,” whic was granted to him for life by the bailiff and burgesses of S., an for which he paid the rates, was in actual occupation thereof an entitled to vote, although in accordance with immemorial custor the bailiff and burgesses granted the aftergrass for five week

FOR LIFE.

from the 10th of September in each year to another person, and FREEHOLDS from the expiration of that time till the 15th of December threw it open for pasturage to all the inhabitants of S. And see Anelay v. Lewis, 25 L. J., C. P. 121; 17 C. B. 316; K. & G. 36. Secondly-The rights of those who were seised at the time of Reserved. the passing of the 2 Will. 4, c. 45 (7th June, 1832) of the premises in respect of which they had at that time, or might, but for the passing of that Act, have acquired a right to vote, are reserved, and these persons may still vote, so long as they shall be so seised of the same lands and tenements, without occupying them.

but

Under these words a person seised of an annuity for life, not having had it registered by the clerk of the peace, under the 3 Geo. 3, c. 24, which was, at the passing of the 2 Will. 4, c. 45, necessary to entitle him to vote, might still have claimed to vote on registering it. So also minors at the passing of the Act, who might have acquired the right to vote but for the passing of the Act, were enabled to do so on coming of age, for an estate for life of freehold tenure of 40s. annual value.

The rights thus reserved can only be exercised by the original holders, and so long as they retain the qualification. If that be sold, they merge in the first-mentioned class, who must occupy in order to vote. If transmitted by marriage, devise, &c., they merge in the third, to be presently mentioned.

Thus, any one taking an estate for life or lives of the annual value of 408. by grant after the 7th June, 1832, or any one taking as heir under such grant, or by assignment from the original grantee, would not be qualified unless he occupied. But if the grantee, heir, or asignee, devise or settle on his marriage such his interest, the devisce or person taking under the settlement would be within the third class, to be presently mentioned, and be entitled to vote, even though he did not occupy (d).

marriage

Thirdly-Those who, having acquired their estate after the Marriage, 7th of June, 1832, having acquired it by some one of the pre- settlement, scribed methods, viz., marriage, marriage settlement, devise, or devise, or promotion promotion to a benefice or office, have the right to vote without to a benefice being in actual occupation.

Under this class the following distinctions may be remarked.

(d) If such an estate (pur auter vie) be granted to a man without mentioning his heirs, and he die without devising it, it loses its freehold character, becoming, by 14 Geo. 2, c. 10, a chattel distributable, like personal estate, amongst the next of kin. 2 Bl. Com. 258; Com. Dig. Estate (F); Ripley v. Waterworth, 7 Ves. 425; 18 Ves. 273. Or if a wife die intestate, the husband would take such an estate as administrator de jure, but still as personalty. See Stephen's Law of El. 435.

or office.