books and papers at any election, if demanded and paid for in 3 Geo. 3, c. 15. the manner herein before set forth, such mayor, bailiff, sheriff, town clerk, or other officer, shall for every such offence, forfeit and pay the sum of one hundred pounds to him, her, or them, who shall inform and sue for the same. 5. All forfeitures or penalties laid or imposed by this Act, shall Recovery of be recovered, with full costs of suit, by action of debt, bill, penalties. plaint, or information, in any of his Majesty's Courts of Record at Westminster; wherein no essoin, protection, wager of law, or more than one imparlance, shall be allowed. be within a year. 6. Provided always, and it is hereby further enacted and Prosecution to declared, that no person shall be liable to any forfeiture or penalty by this Act laid or imposed, unless prosecution be commenced within one year after such forfeiture or penalty shall be incurred. [7. Act to be read by returning officer at all elections by freemen.—Repealed by Ballot Act, 1872.] 8. Nothing in this Act shall extend, or be construed to Act not to extend, to the cities of London or Norwich. 20 Geo. 3, c. 17. 12. Whereas disputes have arisen, whether the husbands of women entitled to dower or thirds, at common law, out of the estates of their former husbands, shall be entitled to vote in the election of members of Parliament, unless dower has been assigned and set out, by metes and bounds, for such women; be it therefore further enacted, that where any woman, the widow of any person tenant in fee or in tail, shall be entitled to dower or thirds, by the common law, out of the freehold estate of which her husband died seised or possessed, and shall intermarry with a second husband, such second husband shall be entitled to vote in respect of such dower or thirds, if such dower or thirds shall be of the clear yearly value of forty shillings, or upwards, although the same has not been assigned or set out by metes or bounds, if such second husband shall be in the actual receipt of the profits of such dower, and the estate from whence the same issues is rated to, and contributes to the land tax in the name of the actual owner of the lands or tenements from whence such dower or thirds arises or issues. extend to London or Norwich. 20 Geo. 3, c. 17. Qualification of husbands of women entitled to dower out of estates of former husbands. 26 Geo. 3, c. 100. 26 Geo. 3, c. 100. An Act to prevent Occasional Inhabitants from voting in the Election of Members to serve in Parliament, for Cities and Boroughs, in that Part of Great Britain called England, and the Dominion of Wales. [A.D. 1786. Whereas it frequently happens, in cities and boroughs where Preamble. the right of election of members to serve in Parliament is in the inhabitants paying scot and lot, or in the inhabitants 26 Geo. 3, c. 100. Any person voting as an inhabitant, paying scot and lot, &c., who shall not have been so six months previous to the election, to forfeit £20. householders, housekeepers, and pot-wallers, legally settled, or in the inhabitants householders, housekeepers, and pot-wallers, Potwallers, &c. or in the inhabitants householders resiants, or in the inhabitants within such cities or boroughs, that much trouble, expense, and litigation, is created by occasional voters, to the great prejudice of the real inhabitants, who bear the burthens of such cities and boroughs, and to whom the right of sending members to Parliament belongs: For remedy thereof, be it enacted that from and after the first day of August, one thousand seven hundred and eighty-six, no person shall be admitted to vote at any election of a member or members to serve in Parliament for any city or borough of that part of Great Britain called England, or the dominion of Wales, as an inhabitant paying scot and lot, or as an inhabitant householder, housekeeper, and pot-waller, legally settled, or as an inhabitant householder, housekeeper, and pot-waller, or as an inhabitant householder resiant, or as an inhabitant of such city or borough, unless he shall have been actually and bona fide an inhabitant paying scot and lot, or an inhabitant householder, housekeeper, and pot-waller, legally settled, or an inhabitant householder, housekeeper, and pot-waller, or an inhabitant householder resiant, or an inhabitant within such city or borough, six calendar months previous to the day of the election at which he shall tender his vote; and if any person shall vote at any such election, contrary to the true intent and meaning of this Act, his vote shall be deemed null and void, and he shall forfeit, to any persons who shall sue for the same, the sum of twenty pounds, to be recovered by him or her, by action of debt, in any of his Majesty's Courts of Record at Westminster, wherein no essoin, protection, wager of law, privilege, or imparlance, shall be admitted or allowed; and in every such action the proof of inhabitancy, as aforesaid, shall lie upon the person against whom the same shall be brought: Provided, nevertheless, that such action be commenced within six calendar months after the cause of action accrued: Provided also, that nothing in this Act contained shall extend, or be construed to extend, to any person acquiring the possession of any house, in any city or borough, by descent, devise, marriage, or marriage settlement, or promotion to any office or benefice. but not to ex tend to persons acquiring pos session by descent, &c., nor to others than inhabitants paying scot and lot, &c. 2. Provided also, and be it further enacted, that this Act shall relate only to those persons who claim to exercise the franchise of voting as inhabitants paying scot and lot, or as inhabitants householders, housekeepers, and pot-wallers, legally settled, or as inhabitants householders, housekeepers, and potwallers, or as inhabitants householders resiants, or as inhabitants within such cities or boroughs, and shall not extend to any other description of persons who may claim to vote at any election for members to serve in Parliament for such cities or boroughs, by any other title, or by any other superadded qualification. For reserved rights of "Scot and lot" voters, " potwallers," and others, see Reform Act, 1832, s. 33, and note, from which it will be seen that the electors within the purview of this Act (which does not apply to freemen) must, in order to be still qualified, have possessed their qualification on the 7th June, 1832, and retained it continuously since then-so that, as they must have been at least of age at that date, very few of them would now (1885) survive. "Scot and lot" is any assessed contribution to common expenses, such as the poor rate. A" potwaller" is one who cooks his own diet at his own fireplace in a room of his own. The Taunton Election Case (Curries' Case, A.D. 1838), Falconer v. Fitzherbert, at p. 311. 26 Geo. 3, c. 100. 53 Geo. 3, c. 49. An Act to explain and amend an Act, 53 Geo. 3, c. 49. passed in the Seventh and Eighth Years of the Reign of the late King William, as far as relates to the splitting and dividing the Interest in Houses and Lands among several Persons to enable them to vote at Elections of Members to serve in Parliament. [21st May, 1813. Whereas by an Act of Parliament, made in the seventh year of the reign of his late Majesty King William the Third, intituled "An Act for the further regulating Elections of Members to serve in Parliament, and for preventing irregular Proceedings of Sheriffs and other Officers in the electing and returning such Members," it is amongst other things enacted (p. 4, ante), that all conveyances of any messuages, lands, tenements, or hereditaments, in any county, city, borough, town corporate, port, or place, in order to multiply voices, or to split and divide the interest in any houses or lands amongst several persons to enable them to vote at elections of members to serve in Parliament, shall be void and of none effect: And whereas doubts have been entertained whether devises by will made in such cases, and for such purposes, are within the true intent and meaning of the said Act; be it enacted and declared, That all devises by will made in such cases and for such purposes as by the said Act are herein before described, are and shall be taken to be conveyances within the true intent and meaning of the said Act, as if the same had been therein specially mentioned: Provided always, that this Act shall not revoke or defeat or be construed to revoke or defeat any part of any will in which is comprised any devise or devises which is or are hereby declared void, other than or beyond the devise or devises made void by this Act. Devises split- 10 Geo. 4, c. 7. An Act for the relief of His Majesty's 10 Geo. 4, c. 7. Roman Catholic subjects. [13th April, 1829. 2. It shall be lawful for persons professing the Roman Qualification Catholic religion to vote at elections of members to serve in of Roman Parliament for England and for Ireland. Further words of this section, prescribing a particular form of oath, are repealed by the Promissory Oaths Act, 1871, 31 & 35 Vict. c. 48. Catholics. 10 Geo. 4, c. 7. Roman This section, as it now stands, is declaratory of the law. Roman Catholics were never expressly and directly disqualified from voting as such, although they were very frequently debarred from voting by the enforcement of the law requiring as a condition precedent that oaths might be administered which Roman Catholics declined to take. 10 Geo. 4, c. 44. No justice, receiver, police man, &c. appointed under this Act, to vote. 10 Geo. 4, c. 44. [Metropolitan Police Act.] 18. And be it enacted, That no justice of the peace or receiver appointed by virtue of this Act shall, during the continuance of such appointment, be capable of being elected or of sitting as a member of the House of Commons; and no justice, receiver, or person belonging to the police force, appointed by virtue of this Act, shall, during the time that he shall continue in any such office, or within six calendar months after he shall have quitted the same, be capable of giving his vote for the election of a member to serve in Parliament for the counties of Middlesex, Surrey, Hertford, Essex, or Kent, or for any city or borough within the Metropolitan Police District, nor shall, by word, message, writing, or in any other manner, endeavour to persuade any elector to give, or dissuade any elector from giving, his vote for the choice of any person to be a member to serve in Parliament for any such county, city, or borough; and if any such justice, receiver, or person belonging to the police force shall offend therein, he shall forfeit the sum of one Penalty £100. hundred pounds, to be recovered, by any person who will sue for the same, by action of debt, to be commenced within six calendar months after the commission of the offence; and one moiety of the sum so recovered shall be paid to the informer, and the other moiety thereof to the receiver appointed under this Act, to be by him added to and applied as part of the funds for the purposes of the police under this Act: Provided always, that nothing in this enactment contained shall subject any such justice, receiver, or person belonging to the police force to any penalty for any Act done by him at or concerning any of the said elections in the discharge of his official duty. Proviso. This section is still unrepealed, although 2 & 3 Vict. c. 71, s. 6, p. 28, post, which is in pari materiâ, though not so extensive, inasmuch as it did not apply to the counties of Hertford, Essex, or Kent, was repealed by 37 & 38 Vict. c. 23, p. 53, post. Inasmuch as this Act established the Metropolitan Police Force, and constituted the Metropolitan Police District (with powers of enlargement by Order in Council), all existing "persons belonging to the Police Force" would seem to be appointed under the Act, and therefore disfranchised by this section. A disqualification attaches under 19 & 20 Vict. c. 2, s. 9, to Assistant Commissioners, and under 23 & 24 Vict. c. 135, s. 5, to officers of the Metropolitan Police employed in Her Majesty's yards and arsenals, or in the principal stations of the War Office, outside the Metropolitan District. Only the magistrates sitting at Westminster were appointed under 10 Geo. 4, c. 44, and other Acts under which stipendiary magistrates are appointed, contain no disqualifying clauses. 2 Will. 4, c. 45. THE REFORM ACT, 1832. An Act to amend the Representation of the People in [1-17. See Part III., "Electoral Areas," post.] any 18. No person shall be entitled to vote in the election of a knight or knights of the shire to serve in any future Parliament, or in the election of a member or members to serve in future Parliament for any city or town being a county of itself, in respect of any freehold lands or tenements whereof such person may be seised for his own life, or for the life of another, or for any lives whatsoever, except such person shall be in the actual and bona fide occupation of such lands or tenements, or except the same shall have come to such person by marriage, marriage settlement, devise, or promotion to any benefice or to any office, or except the same shall be of the clear yearly value of not less than ten pounds above all rents and charges payable out of or in respect of the same; any statute or usage to the contrary notwithstanding: Provided always, that nothing in this Act contained shall prevent any person now seised for his own life, or for the life of another, or for any lives whatsoever, or any freehold lands or tenements in respect of which he now has, or but for the passing of this Act might acquire, the right of voting in such respective elections, 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 according to the respective provisions hereinafter contained. This section (which has no application to owners in fee simple) restricts the forty-shillings freehold qualification, established for counties by 8 Hen. 6, c. 7, ante, in cases where the holding is for a life or lives, to freeholds either (1) occupied by the holder; or (2) being of the value of £10. The £10 was reduced to £5 by s. 5 of the Act of 1867, p. 38, post. Occupation.] A rent-charge cannot be occupied, and therefore if the holder hold it for life, it does not come within the exception for occupation, so that if below £5 it does not confer the vote: Druitt v. Christ Church Overseers, 12 Q. B. D. 365; 53 L. J. Q. 177; 32 W. R. 371; 1 Colt. 328. In the peculiar case of Trenfield v. Lowe (L. R. 4 C. P. 454; 38 L. J. C. P. 191), the rated holders of certain pastures were held to be "actual and bonâ fide" occupiers notwithstanding that limited rights of pasture thereon were by custom granted out annually to other persons. Promotion to Office.] Neither "beadsmen" appointed for life under a trust deed, and receiving fifty shillings a year, but not liable to perform any duties (Faulkner v. Boddington Overseers, 27 L. J. C. P. 20; 3 C. B. (N.S.) 412; nor fellows of a college coming into a yearly sum charged on land (West v. Robson, 27 L. J. C. P. 262), come within these words. Clear Yearly Value.] The required amount must be received, or receivable: Astbury v. Lees, 15 C. B. 251, by right: Ashmore v. Lees, 2 C. B. 31. Above all Rents and Charges.] Compare the "above all charges" of 8 Hen. c. 7, ante. Public taxes are by s. 21 of this Act, post, not to be deemed "charges." Charges may be apportioned: Barrow v. Buckmaster, 12 C. B. 664; Moore v. Carisbrooke Overseers. 12 C. B. 661. |