2 & 3 Vict. c. 93. for the county of which he is so appointed, or for any county ad- For disqualification of borough constables, see 19 & 20 Vict. c. 69, s. 9, post. 5 & 6 Vict. c. 35. Property Tax Act, 1842. 184. No neglect or omission to pay, within any limited period, Non-payment the duties assessed under the authority of this Act in respect of property of any house or other building shall prevent any person from tax no disqualification. being admitted or retained on the register or list of persons entitled to vote in the election of a member or members to serve in Parliament for any city or borough, or from voting at any such election. For disqualification by non-payment of assessed taxes generally, to which this section creates an exception, see s. 27 of the Reform Act, 1832, ante. The disqualification attaches only in the case of the £10 residential franchise established by that section. 6 Vict. c. 18. Parliamentary Registration Act, 1843. [For sections of this Act as to registration, see post, Part II., "Registration of Electors," and for sections as to personation, see post, Part V., "The Election."] 73. And whereas by the said first-recited Act it is enacted, that "every male person of full age, and not subject to any legal incapacity, who shall occupy as tenant any lands or tenement for which he shall be bona fide liable to a yearly rent of not less than fifty pounds, 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 or division of a county in which such lands or tenements shall be respectively situate:" And whereas it is also thereby enacted, that "no person shall be so registered in any year in respect of any lands 6 Vict. c. 18. Right of voting in counties by occupiers of not less than £50. 6 Vict. c. 18, s. 73. Successive occupation of fifty pounds rental voter in counties. * Now 15th. Joint occupation. Trust and mortgage estates. † p. 15. p. 16. and tenements held by him as such occupier and tenant as aforesaid unless he shall have been in the actual possession thereof for twelve calendar months next previous to the last day of July in such year: "Be it declared and enacted, That the lands and tenements in respect of the occupation of which at a yearly rent of not less than fifty pounds any person shall be so entitled to be registered in any year, and to vote in the election of a knight or knights of the shire as aforesaid, shall not be required to be the same lands and tenements, but may be different lands and tenements, rented and occupied as aforesaid in immediate succession by such person during the twelve calendar months next previous to the last day of July in such year; and that where any such lands and tenements shall be jointly rented and occupied by more persons than one, each of such joint occupiers shall be entitled to be registered and vote in such election as last aforesaid in respect of the lands and tenements so jointly rented and occupied, in case the yearly rent for which they shall be bona fide liable in respect of such lands and tenements shall be of an amount which, when divided by the number of such occupiers, shall give a bona fide rent of not less than fifty pounds for each and every such occupier, but not otherwise. * "The said first recited Act" is the Reform Act, 1832, and the sections herein referred to are ss. 20 and 26. The object and effect of this section is to assimilate successive and joint occupation rights for counties to those conferred by se. 28 and 29 of the Reform Act, 1832, for boroughs. "Last day of July" altered to 15th day of July by s. 12 of the Registration Act, 1885, p. 71. As to joint occupation, see further, s. 4, subs. 2, of the Act of 1884, and note, p. 61. A person who occupies as sole tenant at a rent of less than £50, and also as tenant with another at a rent of less than £50 for each, is not qualified by this section though both tenancies are under the same landlord and the share of the joint tenancy rent added to the sole tenancy rent exceeds the £50 : Smith v. Foreman, 34 L. J. C. P. 93. 74. And whereas by the said first-recited Act it is enacted,† "that no person shall be allowed to have any vote in the election of a knight or knights of the shire, for or by reason of any trust estate or mortgage, unless such trustee or mortgagee be in actual possession or receipt of the rents and profits of the same estate, but that the mortgagor or cestui que trust in possession shall and may vote for the same, notwithstanding such mortgage or trust: And whereas it is also thereby enacted ‡ "that no person shall be registered in any year in respect of his estate or interest in any lands or tenements as freeholder, copyholder, customary tenant, or tenant in ancient demesne, unless he shall be in actual possession, or in receipt of the rents and profits thereof to his own use for six calendar months at least previous to the last day of July in such year: And whereas doubts have arisen as to the true intent and meaning of the said first-mentioned enactment in certain cases: Be it therefore s. 74. declared and enacted, That no mortgagee of any lands or tene- 6 Vict. c. 18, ments shall have any vote in the election of a knight or knights of the shire, or in the election of a member or members to serve in any future Parliament for any city or borough in which freeholders now have a right to vote, for or by reason of any mortgage estate therein, unless he be in the actual possession or receipt of the rents and profits thereof, but that the mortgagor in actual possession or in receipt of the rents and profits thereof shall and may vote for the same, notwithstanding such mortgage; and that no trustee of any lands or tenements shall in any case have a right to vote in any such election for or by reason of any trust estate therein, but that the cestui que trust in actual possession or in the receipt of the rents and profits thereof, though he may receive the same through the hands of the trustee, shall and may vote for the same, notwithstanding such trust. This section, which applies equally to counties and boroughs, re-enacts with an amendment part of 7 & 8 Will. 3, c. 25, s. 6 (p. 4, ante), which also applied equally to counties and boroughs, and s. 23 of the Reform Act, 1832, which applied to boroughs only. The main effect of the section is to take away from a trustee in possession the right to vote in any case, and to give such right to a cestui que trust being in actual or constructive possession. No mortgagee shall have any vote.] The mortgagor cannot acquire a vote unless the property be worth the qualifying amount, if a qualifying amount be required above all charges, including the interest on the mortgage, be deducted. See Lee v. Hutchinson, 8 C. B. 10, and other cases cited in the notes to 8 Hen. 6, c. 7, and s. 18 of the Act of 1832, ante. No trustee shall have a right to vote.] Where land is sold, the vendor is in law a trustee for the purchaser; but as this section makes actual or constructive possession a condition precedent to a cestui que trust acquiring the right to vote, it has been held that a purchaser, unless he be in possession or in receipt of rents, does not acquire the right until conveyance executed: Anelay v. Lewis, 25 L. J. C. P. 121; 17 C. B. 316; and it is submitted that s. 25, subs. 11 of the Judicature Act, 1873, notwithstanding the construction put upon it by Jessel, M.R., 21 Ch. D. 9, has made no difference in this respect, though the point cannot be said to be free from doubt. Dissenting Ministers.] A dissenting minister appears to be qualified under this section by a house which he is permitted to enjoy during his life and so long as he shall continue minister: Burton v. Brooks, 21 L. J. C. P. 7; 11 C. B. 41; but not if the enjoyment is to be during his ministry only: Collier v. King, 31 L. J. C. P. 80; but questions of this kind are mainly questions of fact depending upon the duration of the appointment of the minister, per Erle, C.J., ib. Hospitals.] Inmates of hospitals appear to be qualified under this section if the lands be conveyed to trustees in trust for them: Roberts v. Percival, 34 L. J. C. P. 84; or the occupation be by user for life: Simpson v. Wilkinson, 7 M. & G. 50; but not, if their share of the funds may be varied at the discretion of trustees to an amount insufficient to qualify: Ashmore v. Lees, 2 C. B. 31; or if they be removable at the discretion of the trustees (see Davis v. Waddington, 7 M. & G. 37); or if they receive only a fixed payment out of profits: Steele v. Bosworth, 34 L. J. C. P. 57; Simey v. Marshall, L. R. 8 C. P. 269; 42 L. J. C. P. 49; 27 L. T. 581; 21 W. R. 123; 2 H. & C. 1; nor even, although their appointment be for life, unless they have a right to occupy a particular chamber, per Williams and Byles, JJ., in Freeman v. Gainsford, 31 L. J. C. P. 33. See 6 Vict. c. 18, s. 75. How distances to be measured. Freeholders in need not be When certain in boroughs are retained. also Fryer v. Bodenham, L. R. 4 C. P. 529, cited in the note to s. 3 of the Act of 1867, post. Partners.] Partners have been held to be qualified, where partnership property was conveyed to trustees in trust for them, although the trust deed declared that the real estate portion of the property should be deemed to be personal estate: Baxter v. Newman, 7 M & G. 198. [75. Inaccurate description in rate not to prevent registration. See this section, post, Part II., "Registration of Electors."] 76. And whereas doubts have arisen as to the measurement of the distance of seven statute miles in the said first-recited Act mentioned and therein prescribed, as to the residence of voters for any city or borough: Be it therefore declared and enacted, that the said distance shall be understood to be the distance of seven miles as measured in a straight line on the horizontal plane from the point within any city or borough or place sharing in the election therewith from which such distance is to be measured, according to the directions in that behalf in the said Act: Provided always, that in cases where there is now or shall hereafter be a map of any city or borough, and of the country surrounding the same, drawn or published under the authority and direction of the principal officers of her Majesty's Ordnance, such distance may be measured and determined by the said map. Therein prescribed.] The references are to ss. 27, 32, and 33 of the Act of 1832, ante. 77. And whereas doubts have arisen whether, in order to entitle any person to vote for the borough of New Shoreham, or of Cricklade, Aylesbury, or East Retford respectively, in respect of any freehold messuages, lands, or tenements therein situate, it is necessary that the same should be assessed to the land tax: Be it therefore declared and enacted, that in order to entitle any person to vote in any election of members to serve in Parliament in respect of any freehold messuages, lands, or temements situate within the borough of New Shoreham, Cricklade, Aylesbury, or East Retford respectively, it shall not be necessary that the same shall be assessed to the land tax, any statute to the contrary notwithstanding. 78. And whereas by the said first-recited Act it is enacted rights of voting and provided, that every person then having a right to vote in the election for any city or borough in virtue of any other qualification than as a burgess or freeman, or as a freeman and liveryman, or as a freeholder or burgage tenant, as therein mentioned, shall retain such right of voting so long as he shall be qualified as an elector, according to the usages and customs of such city or borough, or any law then in force, and that such person shall be entitled to vote in the election of a member or members to serve in Parliament for such city or borough, if duly registered according to the provisions in the said Act in that behalf contained; and it is thereby further provided, neverthe- 6 Vict. c. 18. less, that every such person shall for ever cease to enjoy such right of voting for any such city or borough as aforesaid if his name shall have been omitted from the register of such voters under certain circumstances therein and hereinafter specified : And whereas doubts have arisen as to the intent and meaning of the words the "register of such voters" in such last-mentioned provision: Be it therefore declared and enacted, that every such person shall for ever cease to enjoy such right of voting in virtue of any other qualification than as a burgess or freeman, or as a freeman and liveryman, or as a freeholder or burgage tenant as aforesaid, if his name shall for two successive years not have been inserted or appear in the register of voters for such city or borough in respect of such other qualification (notwithstanding the name of such person may appear in such register for both or either of the same two successive years in respect of some qualification of a different nature), unless the name of such person in any such year shall not have been inserted as aforesaid, or have been omitted by reason or in consequence of his having received parochial relief within twelve calendar months next previous to the last day of July in the same year, or by reason or in consequence of his absence on the naval and military service of her Majesty. [79. Register to be conclusive evidence of person registered continuing to have the qualification registered. See this and other sections, post, Part V., “The Election.”] c. 90. 11 & 12 Vict. c. 90. An Act to regulate the Times of 11 & 12 Vict. Payment of Rates and Taxes by Parliamentary Electors. [31st August, 1848. Whereas it is expedient to make further regulation as to the payment of rates and taxes now necessary to be made in order to qualify persons to be registered as voters in the election of members of Parliament: Be in enacted, that after the first day of January one thousand eight hundred and forty-nine no person shall be required, in order to entitle him to have his name inserted in any list of voters for any city, town, or borough in England, to have paid any poor's rates or assessed taxes, except such as shall have become payable from him previously to the fifth day of January in the same year; and that no person shall be entitled to be on any such List of Voters, unless the poor's rates and assessed taxes payable from him previously to the fifth day of January shall be paid on or before the twentieth day of July next following. Prior to this Act the time was the 6th April. See Act of 1832, ss. 27 and 28, ante. Time at which rates and taxes must be paid to entitle parties to be on the list of voters for members of Parliament. |