48 Vict. c. 3. s. 8. Definition of "Representation of the People Acts," &c. Definition and application of "Rating Acts." Inquiry by overseers as to inhabitant occupiers of dwellinghouses. Service of requisition by overseers. (3.) The expressions "the Representation of the People Acts" and "the Registration Acts" respectively, where used in this Act, shall be read distributively in reference to the three parts of the United Kingdom as meaning in the case of each part the enactments for the time being in force in that part. (4.) All enactments of the Registration Acts which relate to the registration of persons entitled to vote in boroughs in England in respect of a household or a lodger qualification, and [Ireland] shall, with the necessary variations and with the necessary alterations of precepts, notices, lists, and other forms, extend to counties as well as to boroughs. [(5) and (6.) Ireland and Scotland.] 9. (1.) In this Act the expression "the Rating Acts" means the enactments for the time being in force in England, Scotland, and Ireland respectively, relating to the placing of the names of occupiers on the rate book, or other enactments relating to rating in so far as they are auxiliary to or deal with the registration of persons entitled to vote at elections; and the expression "the Rating Acts" where used in this Act shall be read distributively in reference to the three parts of the United Kingdom as meaning in the case of each part the Acts for the time being in force in that part. (2.) In every part of the United Kingdom it shall be the duty of the overseers annually, in the months of April and May, or one of them, to inquire or ascertain with respect to every hereditament which comprises any dwelling house or dwelling houses within the meaning of the Representation of the People Acts, whether any man, other than the owner or other person rated or liable to be rated in respect of such hereditament, is entitled to be registered as a voter in respect of his being an inhabitant occupier of any such dwelling house, and to enter in the rate book the name of every man so entitled, and the situation or description of the dwelling house in respect of which he is entitled, and for the purposes of such entry a separate column shall be added to the rate book. (3.) For the purpose of the execution of such duty, the overseers may serve on the person who is the occupier or rated or liable to be rated in respect of such hereditament, or on some agent of such person concerned in the management of such hereditament, the requisition specified in the Third Schedule to this Act requiring that the form in that notice be accurately filled up and returned to the overseers within twenty-one days after such service; and if any such person or agent on whom such requisition is served fails to comply therewith, he shall be liable on summary conviction to a fine not exceeding forty shillings, and any overseer who fails to perform his duty under this section shall be deemed guilty of a breach of duty in the execution of the Registration Acts, and shall be liable to be fined accordingly a sum not exceeding forty shillings for each default. (4.) The notice under this section may be served in manner provided by the Representation of the People Acts with respect to the service on occupiers of notice of nonpayment of rates, and, where a body of persons, corporate or unincorporate, is rated, shall be served on the secretary or agent of such body of persons; and where the hereditament by reason of belonging to the Crown or otherwise is not rated, shall be served on the chief local officer having the superintendence or control of such hereditament. (5.) [Scotland.] (6.) Scotland.] (7.) Ireland.] 48 Vict. c. 3, 8. 9. Rating. (8.) Both in England and Ireland where a man inhabits any Service occudwelling house by virtue of any office, service, or employment, pation. and is 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, and another person is rated or liable to be rated for such dwelling house, the rating of such other person shall for the purposes of this Act and of the Representation of the People Acts be deemed to be that of the inhabitant occupier; and the several enactments of the Poor Rate Assessment and Collection Act, 1869, and other Acts amending the same referred to in the First Schedule to this Act, shall for those purposes apply to such inhabitant occupier, and in the construction of those enactments the word "Owner" shall be deemed to include a person actually rated or liable to be rated as aforesaid. (9.) In any part of the United Kingdom where a man in- Crown, &c., habits a dwelling house in respect of which no person is rated occupation. by reason of such dwelling house belonging to or being occupied on behalf of the Crown, or by reason of any other ground of exemption, such person shall not be disentitled to be registered as a voter, and to vote by reason only that no one is rated in respect of such dwelling house, and that no rates are paid in respect of the same, and it shall be the duty of the persons making out the rate book or valuation roll to enter any such dwelling house as last aforesaid in the rate book or valuation roll, together with the name of the inhabitant occupier thereof. (1.) The Rating Acts.] The English enactments now (August, 1885) in force, which are referred to as the Rating Acts, appear to be: 14 & 15 Vict. c. 14, post, Part II., the Poor Rate Assessment and Collection Act, 1869, ante, p. 146, and the Assessed Rates Act, 1879, ante, p. 56; but see Sched. 1, and note to subs. (8.) of this section. (2.) It shall be the duty of the Overseers.] The duty of making inquiries as to inhabitant occupiers of dwelling houses appears to be thrown upon the overseers for the purpose of aiding them in the performance of the duty imposed upon them by s. 13 of the Parliamentary Registration Act, 1843 (as amended and applied to counties by s. 30 of the Representation of the People Act, 1867, p. 127, and s. 1 of the Registration Act, 1885, p. 165, and see p. 187), of placing upon the register persons entitled to be registered under s. 3 of the Act of 1867, and s. 2 of the Act of 1884. As to mode of making the inquiry in years subsequent to 1885, see ss. 23-25 of Part II. of Sched. 2 to the Regis F 48 Vict. c. 3, tration Act, 1875 (Counties), and ss. 23-25 of Part II. of Sched. 3 to the same Act (Boroughs). s. 9. Rating. Saving for existing rights. (3.) The Overseers may serve.] By subs. (2) the overseers have the duty legally imposed upon them of inquiring as therein mentioned, and the present subsection merely suggests a mode, permissive and not obligatory, in which the inquiry may be carried out: the special direction being given in s. 25 of the precepts contained in Scheds. 2 and 3 of the Registration Act, 1885, that the requisition specified in Sched. 3 should not be served unless the overseers have reasonable ground to believe that there is some inhabitant occupier entitled to vote beside the person on whom the requisition would be served. He shall be liable on summary conviction.] There is no general section in the Act similar to s. 54 of the Corrupt Practices Act, 1883, and to other enactments regulating the mode of Procedure, and it is doubtful whether and how far the Summary Jurisdiction Acts of 1848 (11 & 12 Vict. c. 49) and of 1879 (42 & 43 Vict. c. 49) could be held to apply so as to give justices of the peace jurisdiction to convict. If they apply, there is no appeal from justices to quarter sessions. Guilty of a breach of duty.] See s. 28 of the Registration Act, 1868, and s. 51 of the Registration Act, 1843, post, Part II., "Registration of Electors." The fine of forty shillings would seem to be the only penalty to which the overseers would be liable, and it would be in the discretion of the revising barrister to impose it or not. The performance of the duty could also perhaps be enjoined by mandamus. (4.) The notice may be served in manner provided by the Representation of the People Acts.] See s. 28 of the Act of 1867, p. 126, post, and s. 10 of the Parliamentary and Municipal Registration Act, p. 143, post. (8.) Service occupation.] See s. 3, and notes thereto. And the several enactments, &c.] On reference to the first schedule it will be seen that the heading is "Enactments applied to Ireland;" but there is no doubt that the wording of the latter part of this section is general, and but for the heading would apply those enactments to England also. A heading is part of a statute (see Eastern Counties Rly. Co. v. Marriage, 9 H. L. 41), in which case, however, the heading was grammatically connected with the part headed. The doubts whether the section or the schedule is to prevail are of little moment, as the enactments scheduled apply to England by virtue of 8. 11, and the "modification" of s. 27 of the Representation of the People Act described in the note must in any case be disregarded in respect to England, as is shown by Forms C., No. 1, in the schedules to the Registration Act, 1885, not altering the dates in pursuance of the modification. (9.) Crown occupation.] Premises belonging to, or occupied on behalf of, the Crown are not rateable: Amherst v. Somers, 2 T. R. 372; this exemption extending to include assize courts: Reg. v. St. Martin's Leicester, L. R. 2 Q. B. 493; 36 L. J. M. C. 99; 16 L. T. 625; 16 W. R. 1096; and post offices: Smith v. Birmingham Guardians, 7 E. & B. 483; 25 L. J. M. C. 105; nor is property not capable of being beneficially occupied: Reg. v. Metropolitan Board of Works, L. R. 4 Q. B. 15; but with these two exceptions all property, though held for public purposes and though not actually beneficial to the occupier, is rateable: Jones v. Mersey Docks, 11 H. L. 443; 35 L. J. M. C. 1, unless it be specially exempted by statute, as is the case with scientific and literary institutions, under 6 & 7 Vict. c. 36 (as to which see Reg. v. Institution of Civil Engineers, 5 Q. B. D. 48), and with Sunday and ragged schools, under 32 & 33 Vict. c. 40, under which the rating authority has a discretion either to rate such schools or not: Bell v. Crane, L. R. 8 Q. B. 481. 10. Nothing in this Act shall deprive any person (who at the date of the passing of this Act is registered in respect of any qualification to vote for any county or borough), of his right s. 10. to be from time to time registered and to vote for such county 48 Vict. c. 3, or borough in respect of such qualification in like manner as if this Act had not passed. Provided that where a man is so registered in respect of the county or borough occupation franchise by virtue of a qualification which also qualifies him for the franchise under this Act, he shall be entitled to be registered in respect of such latter franchise only. Nothing in this Act shall confer on any man who is subject to any legal incapacity to be registered as a voter or to vote, any right to be registered as a voter or to vote. The Act was passed on the 6th of December, 1884. The qualifications preserved by this section are the qualification by rent-charge and the qualification by tenancy in common and joint tenancy, both taken away for the future by s. 4 of the Act, ante. Legal incapacity.] See note to s. 3 of the Act of 1867, ante. Savings. 11. This Act, so far as may be consistently with the tenor Construction thereof, shall be construed as one with the Representation of the of Act. People Acts as defined by this Act; and the expressions "Election," "County," and "Borough," and other expressions in this Act and in the enactments applied by this Act, shall have the same meaning as in the said Acts. Provided that in this Act and the said enactments The expression "Overseers" includes assessors, guardians, clerks of unions, or other persons by whatever name known, who perform duties in relation to rating or to the registration of voters similar to those performed in relation to such matters by overseers in England. The expression "Rent-charge" includes a fee farm rent, a feu duty in Scotland, a rent seck, a chief rent, a rent of assize, and any rent or annuity granted out of land. 'Overseers." "Rent- "Land or The expression "Land or Tenement" includes any part of a house separately occupied for the purpose of any trade, business, Tenement." or profession, and that expression, and also the expression Hereditament," when used in this Act, in Scotland includes 66 "land and heritages." The expressions" Joint Tenants" and "Tenants in Common" shall include "pro indiviso proprietors." [Scotland and Ireland.] For definition of "Representation of the People Acts," see s. 8, subs. 3, ante. Land or Tenement.] See s. 5 and note, ante. 12. Whereas the franchises conferred by this Act are in substitution for the franchises conferred by the enactments mentioned in the first and second parts of the Second Schedule hereto, be it enacted that the Acts mentioned in the first part of the said Second Schedule shall be repealed to the extent in the third column of that part of the said schedule mentioned Repeal of ss. 20, 27 of Act of s. 6 of Act s. 12. Repeals. 48 Vict. c. 3, except in so far as relates to the rights of persons saved by this Act; and the Acts mentioned in the second part of the said Second Schedule shall be repealed to the extent in the third column of that part of the said schedule mentioned except in so far as relates to the rights of persons saved by this Act and except in so far as the enactments so repealed contain conditions made applicable by this Act to any franchise enacted by this Act. Commencement of Act on 1st of Jan., 1885. The superseded sections are s. 27 of the Reform Act, 1832, and s. 6 of the Representation of the People Act, 1867; and, inasmuch as these repealed sections contains "conditions as to period of occupation, &c.," of vital importance, the repeal is to a great extent a nominal repeal only. See notes to s. 27 of the Act of 1832, and s. 6 of the Act of 1867. 13. This Act shall commence and come into operation on the first day of January one thousand eight hundred and eightyfive: Provided that the register of voters in any county or borough in Scotland made in the last-mentioned year shall not come into force until the 1st of January, 1886, and until that day the previous register of voters shall continue in force. By s. 10 of the Registration Act, 1885, any inhabitant occupier within the meaning of s. 3 of this Act "shall be qualified to be registered" as if the provisions of this Act had been in force throughout 1884, and had been duly carried into effect. By s. 31 of the Redistribution of Seats Act, 1885, the Register in Scotland made in 1885 comes into force on 1st of November, 1885. |