48 Vict. c. 3. REPRESENTATION OF THE PEOPLE ACT, 1884. An Act to amend the Law relating to the Representation of the People of the United Kingdom. [6th December, 1884. 48 Vict. c. 3. BE IT ENACTED, as follows: Preliminary. 1. This Act may be cited as the Representation of the People Short title Act, 1884. The Acts of 1832 and 1867 dealt with electoral areas as well as with electoral qualifications. The present Act deals with electoral qualifications only, electoral areas being dealt with by the separate Redistribution of Seats Act, 1885, post, Part III., "Electoral Areas,” p. 257. The new qualifications conferred by this Act are (1) the dwelling-house qualification, and (2) the lodgings qualification in counties, and (3) the qualification by constructive tenancy by an office or service occupation in counties and boroughs; and there is also (4) a reduced qualification from £12 to £10 by land or tenement occupation in counties. The restrictions established by the Act are upon (1) the rent-charge qualification, and (2) the joint ownership qualification. Extension of the Household and Lodger Franchise. of Act. franchise. 2. A uniform household franchise and a uniform lodger Uniform franchise at elections shall be established in all counties and household and boroughs throughout the United Kingdom, and every man poslodger sessed of a household qualification or a lodger qualification shall, if the qualifying premises be situate in a county in England or Scotland, be entitled to be registered as a voter, and when registered to vote at an election for such county, and if the qualifying premises be situate in a county or borough in Ireland, be entitled to be registered as a voter, and when registered to vote at an election for such county or borough. The two new qualifications in counties by (1) the residential occupation of a dwelling-house and (2) the residential occupation of lodgings are conferred by this single section, for the full meaning of which reference must be had to s. 7, subs. I and 3, and to ss. 3 and 4 of the Act of 1867, in order to see what is meant by "household qualification" and "lodger qualification" respectively. Household qualification.] By virtue of s. 7, subs. 1, and s. 11 this means the qualifications under s. 3 of the Act of 1867 as amended by s. 5 of the Act of 1878, p. 55, which qualification consists of, shortly (1) full age and legal capacity, (2) twelve months' residence in a dwelling-house separately occupied as such prior to any 15th July, (3) having been rated, personally or a landlord, prior to any 15th July, and (4) having paid prior to a 20th July personally, or by a landlord, the rates payable up to a 5th January. All the many cases cited in the note to s. 3 of the Act of 1867, ante, p. 35, will apply to the present section, which opens with the enactment that the "household franchise" is to be uniform" in counties and boroughs. Lodger qualification.] By virtue of s. 7, subs. 3, and s. 11, post, this means the qualification under s. 4 of the Act of 1867, as amended by s. 5 of the Act 8. 2. 48 Vict. c. 3, of 1878, which qualification consists of, shortly, (1) full age and legal capacity, (2) having resided either solely or with one other person for twelve months prior to any 15th July in any lodgings of the unfurnished yearly value of £10 Household and (or £20 if the occupation be joint) in the same dwelling-house, and (3) having Lodger claimed to be registered. Franchise in Counties. Tenure of house by office or service not to invalidate vote. Restriction on fagotvotes. All the many cases cited in the note to s. 4 of the Act of 1867, ante, will apply to the present section, which enacts that there shall be a "uniform lodger franchise" in counties and boroughs. In a county. For the county electoral areas, see Redistribution of Seats Act, 1885, s. 9, and Sched. 7, Part III., "Electoral Areas." Shall be entitled to be registered.] Without registration the qualification is practically worthless. See s. 79 of the Registration Act, 1843, post, Part II., Registration of Electors," and see also s. 7 of the Ballot Act, 1872, post, Part V., "The Election." 66 Scotland and Ireland.] As elsewhere in this book the parts of the various statutes which relates to Ireland are as a rule omitted. 3. Where a man himself inhabits any dwelling house by virtue of any office, service, or employment, and the dwellinghouse is not inhabited by any person under whom such man serves in such office, service, or employment, he shall be deemed for the purposes of this Act and of the Representation of the People Acts to be an inhabitant occupier of such dwelling house as a tenant. As to registration in 1885, see s. 10 of the Registration Act, 1885, p. 173. This enactment newly qualifies a large number of officials and servants by the method of enacting that for the purpose of conferring the new qualification there shall be a tenancy in law though there may be no tenancy in fact. It had been held both under s. 27 of the Act of 1832 (Clark v. Bury St. Edmund's Overseers, 26 L. J. C. P. 12), and the similarly worded s. 3 of the Act of 1867 (Fox v. Dalby, L. R. 10 C. P. 285), that officials and servants in the ordinary sense of the term had no occupation "as tenant," the rule being that if the occupation were required of them for the purpose of the office or service they were not "tenant," but that if it were not so required, they were: Hughes v. Chatham Overseers, 5 M. & G. 54. This distinction is now abolished, and the only remaining restriction upon the qualification gained by this kind of occupation is, that the dwelling-house must not be inhabited "by any person under whom" the party serves. In ordinary cases there will be little difficulty in deciding upon claims under this section, but it must be borne in mind that by virtue of the application of s. 5 of the Act of 1878 by s. 11 of this Act dwelling-house" includes any part of a house separately occupied as a dwelling, and difficult cases may occur in respect of the occupation of a single room by coachmen and others. As to the test in such cases, see and consider the "Instructions in case of what is commonly called the Service Franchise in Form A. of Schedules 2 and 3 of the Registration Act, 1885, pp. 196, 218. As to constructive rating of servants' houses and official and other residences, see s. 9, subs. 8, post. Prohibition of the Multiplication of Votes. 4. Subject to the saving in this Act for existing voters, the following provisions shall have effect with reference to elections:(1.) A man shall not be entitled to be registered as a voter in respect of the ownership of any rentcharge except the owner of the whole of the tithe rentcharge of a rectory, vicarage, chapelry, or benefice to which an apportionment of tithe rentcharge shall have been made in respect of any portion of tithes. (2.) Where two or more men are owners either as joint tenants 48 Vict. c. 3. or as tenants in common of an estate in any land or tenement, one of such men, but not more than one, shall, if his interest is sufficient to confer on him a qualification as a voter in respect of the ownership of such estate, be entitled (in the like cases and subject to the like conditions as if he were the sole owner) to be registered as a voter, and when registered to vote at an election. Provided that where such owners have derived their interest by descent, succession, marriage, marriage settlement, or will, or where they occupy the land or tenement, and are bonâ fide engaged as partners carrying on trade or business thereon, each of such owners whose interest is sufficient to confer on him a qualification as a voter shall be entitled (in the like cases and subject to the like conditions as if he were sole owner) to be registered as a voter in respect of such ownership, and when registered to vote at an election, and the value of the interest of each such owner where not otherwise legally defined shall be ascertained by the division of the total value of the land or tenement equally among the whole of such owners. Subject to the saving.] See s. 10, which preserves existing rights to persons who had been registered on or before the 6th December, 1884—the date of the passing of the Act. (1.) Any rent-charge.] Rent-charges are within the expression "free land or tenement" in 8 Hen. 8, c. 7. See that Act, and note p. 1, ante. As the qualification under that Act need only be of the yearly value of forty shillings, rent-charges could be conveniently created, and have in many cases been created for the mere purpose of creating the qualification. For the future this will be impossible. (2.) Where two or more men.] This restriction upon the multiplication of votes is a return to the law of 7 & 8 Will. 3, c. 25, s. 7, ante, p. 4, never expressly repealed, but impliedly superseded by s. 29 of the Reform Act, 1832, ante, p. 19. Of an estate.] This expression shows that the enactment applies to ownership voters only, and see also s. 27 of the Act of 1867 and s. 5 of the Act of 1878, which it would have been necessary to repeal if it had been intended that this enactment should apply to other than ownership voters. One of such men, but not more than one.] Compare the restriction of the vote to two out of many joint occupiers under s. 27 of the Act of 1867, ante, p, 42, and the restriction to two out of many lodgers by s. 5 of the Parlia mentary and Municipal Registration Act, 1878, ante, p. 55, but neither those enactments nor s. 28 of the Act of 1878, nor s. 4 of the Registration Act, 1885, ante, nor any other enactments, nor any cases, so far as the editors are aware, throw any light upon the very difficult question what is to happen if the "two or more men are not agreed upon a representative man amongst their number, and all of them wish to be registered. The only solution which the editors can suggest is the rough one that the first man in order who succeeds in establishing his claim before the Revising Barrister upon a list arranged in alphabetical order (see s. 9 of County Precept in Sched. 2 of the Registration Act, 1885) is entitled to be registered as against his alphabetical successors. If his interest is sufficient.] See 8 Hen. 6, c. 7, ante, Act of 1832, ante, and Act of 1867, ante. 48 Vict. c. 3. Assimilation of occupation qualification. No vote for county in respect of occupation in borough. To be registered.] See Part II. “Registration of Electors." Provided that where, &c.] This proviso follows that of s. 27 of the Act of 1867. It is conceived that the burden of proving a title to registration by virtue of the proviso will lie upon those who wish to take advantage of it. Assimilation of Occupation Qualification. 5. Every man occupying any land or tenement in a county or borough in the United Kingdom of a clear yearly value of not less than ten pounds shall be entitled to be registered as a voter, and when registered to vote at an election for such county or borough in respect of such occupation subject to the like conditions respectively as a man is, at the passing of this Act, entitled to be registered as a voter and to vote at an election for such county in respect of the county occupation franchise, and at an election for such borough in respect of the borough occupation franchise. This section reduces the £12 county occupation qualification conferred by 8. 6 of the Act of 1867 to £10, being the borough occupation qualification conferred by s. 27 of the Act of 1832, and repeals the £10 qualification for boroughs, s. 27 of the Act of 1832 and s. 6 of the Act of 1867 being further for the sake of uniformity repealed by s. 12, subject to an ordinary saving for existing rights, and also the very important and peculiar saving for the "conditions" applicable to the franchises conferred by these sections; and the present section confers the qualification conferred by it, subject also to the like" conditions." The result is that s. 27 of the Act of 1832 and s. 6 of the Act of 1867, though technically repealed, are practically preserved except (1) as to the amount of the qualification in s. 6 of the Act of 1867, and (2) as to so much of either section as does not contain "conditions." How much that is, it may be a matter of difficulty to determine. See note to s. 27 of the Act of 1832, p. 18, on the doubtful points. The following are clearly conditions under s. 27 of the Act of 1832: 1. Full age and legal capacity. 2. Occupation for twelve months prior to any 15th July. 3. Having been rated to poor rate during such time. 4. Payment of all poor rates and assessed taxes payable prior to 5th January. 5. Residence within borough for six months prior to any 15th July. The conditions under s. 6 of the Act of 1867 are similar, except that "residence" in the county is not expressly required, and there is no condition for the payment of taxes. "Land or Tenement."] This is defined by s. 11 of the Act to include “any part of a house separately occupied for the purpose of any trade, business, or profession," which partly repeats but may be read together with the definition of s. 5 of the Act of 1878, that definition not being expressly repealed. County Occupation Franchise.] See s. 7, subs. 6, infra. Supplemental Provisions. 6. A man shall not by virtue of this Act be entitled to be registered as a voter or to vote at any election for a county in respect of the occupation of any dwelling house, lodgings, land, or tenement, situate in a borough. This section repeats with the necessary additions and in varied language the enactment in pari materia of s. 24 of the Act of 1832 (ante, p. 15), the cases in which will apply. The Act of 1867 contained not similar enactment. Definition of 7. (1.) In this Act the expression "a household qualifica- 48 Vict. c. 3. tion" means, as respects England and Ireland, the qualification enacted by the third section of the Representation of the "household People Act, 1867, and the enactments amending or affecting the qualification." same, and the said section and enactments, so far as they are consistent with this Act, shall extend to counties in England and to counties and boroughs in Ireland. (2.) [Ireland.] * p. 35. (3.) The expression "a lodger qualification" means the "Lodger qualification enacted, as respects England, by the fourth section qualification." of the Representation of the People Act, 1867,† and the enact- † p. 37. ments amending or affecting the same, and as respects Ireland, by the fourth section of the Representation of the People (Ireland) Act, 1868, and the enactments amending or affecting the same, and the said section of the English Act of 1867, and the enactments amending or affecting the same, shall, so far as they are consistent with this Act, extend to counties in England and Ireland. (4.) [Scotland.] (5.) Scotland. (6.) The expression "county occupation franchise" means, as "County respects England, the franchise enacted by the sixth section of occupation the Representation of the People Act, 1867; and [Scotland], and [Ireland.] franchise." $ p. 39. franchise." (7.) The expression "borough occupation franchise" means "Borough as respects England the franchise enacted by the twenty-seventh occupation section of the Act of the session of the second and third years of the reign of King William the Fourth, chapter forty-five;§ and § p. 17. [Scotland] and [Ireland]. (8.) Any enactments amending or relating to the county occupation franchise or borough occupation franchise other than the sections in this Act in that behalf mentioned shall be deemed to be referred to in the definition of the county occupation franchise and the borough occupation franchise in this Act mentioned. Household Qualification.] See s. 4, and note. County Occupation Franchise.] See s. 5, and note. 8. (1.) In this Act the expression "the Representation of the People Acts" means the enactments for the time being in force in England, Scotland, and Ireland respectively relating to the representation of the people, inclusive of the Registration Acts as defined by this Act. Definition of Representation of the People Acts." (2.) The expression "the Registration Acts" means the "Registraenactments for the time being in force in England, Scotland, tion Acts." and Ireland respectively, relating to the registration of persons entitled to vote at elections for counties and boroughs, inclusive of the Rating Acts as defined by this Act. |