48 & 49 Vict. c. 46. Registration in 1885. Overseers to publish list of persons objected to or omitted for medical relief. Revising barrister to retain names unless objected to. Claim by person omitted. Insertion of names in register. Precepts to overseers. of 1867, p. 43, which applied s. 36 of the Act of 1832 to counties, and the disqualification resulted from relief to a man's family (see ss. 56 and 57 of the Poor Law Amendment Act, 1834, 4 & 5 Will. 4, c. 76, cited in the note to 8. 36 of the Reform Act, 1832, p. 25), as well as from relief to himself. At the expense of any poor rate.] These words will make the Act applicable to patients in hospitals provided under s. 131 of the Public Health Act, 1875, 38 & 39 Vict. c. 55; but will prevent the removal of the disqualification in the case of persons receiving medical relief from hospitals supported by voluntary contributions, such persons being apart from this Act disqualified as recipients of "alms." As to treatment in metropolitan hospitals, see 46 & 47 Vict. c. 35, s. 7, p. 57, ante. Fifteenth of July.] The 15th of July, 1884, was the first day of the "qualifying period" for registration in 1885. See s. 7 of the Act of 1878, p. 56, and s. 12 of the Registration Act, 1885, p. 173, and the references in the notes thereto. 3.-(1.) In the year one thousand eight hundred and eightyfive, in England, where the overseers have entered "objected against the names of any persons in the list of ownership voters or in the old lodgers list, or have omitted the names of any voters from any list of voters made by them, and such entry or omission has been made on the ground only of those persons naving received such medical or surgical assistance or medicine as in this Act mentioned, and such names would not if this Act had previously passed have been so objected to or omitted, the overseers shall make a list of such persons, and such list shall be published, revised, and dealt with in all respects as if it were part of the list of claimants in respect of the occupation of property with the qualifications following (namely) :The revising barrister shall, without the appearance of or any proof by any such person, retain his name in the list made by the overseers under this section, unless he is objected to, and the objector proves that such person is not entitled to be registered; and if such objection is made the revising barrister shall, notwithstanding the absence of the said person, take the evidence of the overseers as to his right to be registered. Any person whose name ought to have been inserted in the list made by the overseers under this section, and has been omitted therefrom, may claim to have his name inserted in the lists of voters by giving to the overseers, within six days after the publication of such lists, notice of such claim in the manner and form provided by law with respect to other claims, and the overseers shall produce all such claims to the revising barrister, and he shall revise and deal with the same in like manner as with ordinary claims. (2.) The clerk of the peace or town clerk shall insert in their proper place in the register the names of the persons in the said list, when revised. (3.) Every clerk of the peace and town clerk acting under the Acts relating to the registration of parliamentary voters shall forthwith after the passing of this Act issue precepts to c. 46. the overseers informing them of their duties under it; provided 48 & 49 Vict. that this Act shall not be construed to create any disability where such disability does not now exist. The object of this section is to give effect to subs. 2 of s. 2, which merely qualifies for registration, seeing that unless the persons objected to or omitted, as mentioned in this section, are registered, they will not become entitled to vote. See s. 7 of the Ballot Act, 1872, p. 435. Where the overseers have entered "objected to."] As to objections by overseers to ownership voters, see s. 5 of the Registration Act, 1843, p. 76; and as to objections to "old lodgers," see s. 22 of the Registration Act, 1878, p. 150. Or have omitted.] For duty of overseers to insert names of all occupiers "entitled" to vote, see s. 13 of the Registration Act, 1843, p. 80, s. 30 of the Representation of the People Act, 1867, p. 127, par. 34 of County Precept, p. 187, and par. 30 of Borough Precept, p. 215. Such list shall be published, &c.] For publication of list of claimants, see 8. 18 of Registration Act, 1843, p. 83; s. 30 of Representation of the People Act, 1867, p. 127; par. 42 of County Precept, p. 188; par. 35 of Borough Precept, p. 216. As to time of publication, see s. 24 of Act of 1843, p. 85; but by s. 26 of the same Act, p. 86, the barrister must revise the lists, if they be published for any time. Revised as part of the list of claimants.] This involves objections being made by notice to the revising barrister (p. 92) without notice to the overseers, both in the case of the overseers' and claimants' lists. Any person may claim.] For manner and form of other claims, see Form H., No. 1, p. 200; K., No. 2, p. 202; H., p. 225; and s. 10 of the Registration Act, 1885, p. 176. The clerk of the peace tion Act, 1885, p. 167. ... shall insert.] See s. 4, subs. 5, of the Registra Precepts to overseers.] For the original precepts, see pp. 180, 208. Supplemental precepts were also directed to be sent under the Redistribution of Seats Act, s. 19, p. 239. 4. The term "medical or surgical assistance" in this Act Definition of shall include all medical and surgical attendance, and all matters medical and and things supplied by or on the recommendation of the medical surgical officer having authority to give such attendance and recommendation at the expense of any poor rate. The medical officer appears to have no legal authority under any orders of the Local Government Board to order any articles of diet at the expense of the poor rate for his patients, and "any directions that he may give to that effect will only amount to an expression of opinion on his part that relief in food or other necessaries is required." See Glen's Poor Law Orders, 8th ed., A.D. 1879, p. 137. In strictness, therefore, a recommendation of articles would be given without legal authority, unless the guardians had beforehand requested the medical officer to make such recommendation as he should consider necessary. assistance. 37 & 38 Vict. c. 53 41 & 42 Vict. c. 26 Parliamentary Registration Act, 1843-Preparation of lists of voters- Revision-Appeal from revising barrister by case PAGE 74 120 Registration of compound householders Notice of rates in arrear- 126 126 Parliamentary Électors Registration Act, 1868- 134 Revising Barristers Act, 1874-Qualification of 44 & 45 Vict. c. 68, Judicature Act, 1881-Appeal from High Court to Court of Appeal. Registration Act, 1885-Uniformity of procedure for revision of county and borough listsAlteration of dates-Forms 139 163 163 PARLIAMENTARY REGISTRATION ACT, 1843. An Act to amend the Law for the Registration of Persons entitled to vote, and to define certain Rights of voting, and to regulate certain Proceedings in the Election of Members to serve in Parliament for England and Wales. [31st May, 1843. "Whereas an Act was passed in the second year of the reign of his late Majesty, intituled An Act to amend the Representation of the People in England and Wales: And whereas it is expedient to explain and amend some parts of the said Act, and to make further and other provisions relating to the registration of persons entitled to vote in the election of members to serve in Parliament for England and Wales; And whereas it is recited in the said Act, that it was expedient to form a register of all persons entitled to vote in the election of a knight or knights of the shire to serve in any future Parliament;' and divers clauses and provisions were in and by the said Act enacted, for the purpose of forming a register of all persons entitled to vote in 6 Vict. c. 18. the election of a knight or knights of the shire to serve in any future Parliament for any county, or for the riding, parts, or division of any county, and also for the purpose of forming a register of persons entitled to vote in the election of a member or members to serve in any future Parliament for any city or borough, and for the defraying of the expenses to be incurred thereby, and for the appointment and payment of revising barristers;" BE IT THEREFORE ENACTED, that 1832. 1. The said clauses and provisions of the said Act so enacted Repeal of for the purpose of forming a register of all persons entitled to registration vote in the election of a knight or knights of the shire to serve provisions of Reform Act, in Parliament for any county, or for the riding, parts, or division of any county, and for the purpose of forming a register of all persons entitled to vote in the election of a member or members to serve in Parliament for any city or borough in England and Wales, and for the defraying of the expenses to be incurred thereby, and for the appointment and payment of revising barristers, shall be and the same are hereby repealed, except as to any register heretofore made. Prior to the Reform Act, 1832, there was no system of registration. The registration clauses of the Reform Act, 1832, did not provide for an appeal from the revising barrister, and were also defective in not providing precepts, and in other minute particulars. 2. This Act shall come into force on the first day of June next, and shall thenceforth be taken to be part of the said Act as fully as if it were incorporated therewith. Act to be read with Reform Act, 1832. Counties. Clerk of the Peace to have printed, and Precepts, &c., 3. And whereas, for the purpose of forming a register of all persons entitled to vote in the election of a knight or knights of the shire to serve in Parliament, it is expedient that lists should annually be made out in manner hereinafter mentioned: Be it therefore enacted, That the clerk of the peace for every county shall cause a sufficient number of forms of precepts, to issue them notices, and lists to be printed, according to the respective Forms to overseers. numbered (1. 2. 3. 6.) in the Schedule (A.) and of the Table numbered (1.) in the Schedule (D.) to this Act annexed, and shall also, on or before the tenth day of June* in every year, make* Now 15th and cause to be delivered to the overseers of the poor of every April. parish and township within his county his precept, according to the Form numbered (1.) in the said Schedule (A.), together with a sufficient number of the said printed forms of notices and lists, and of the copies of such part of the register of voters then in force for such county as shall relate to such parish or township respectively, and of the said Table, for the purposes hereinafter mentioned. By s. 101 "Clerk of the Peace" includes a deputy. The forms prescribed by this section are superseded by the forms prescribed by s. 18 of the Act of 1885, and Sched. 2. For form of precept under that Act, see p. 180, and for list of forms generally, see p. 164. By s. 7 of that Act the precepts were directed to be sent within twelve days after the passing of that Act (which 6 Vict. c. 18. passed on the 21st of May, 1885), in the year 1885, and on or within seven days before the 15th April in any subsequent year. Counties. Overseers to publish notice annually, requiring voters to send in their claims. Overseers to prepare lists of claimants. 4. The overseers of the poor of every parish and township shall, on or before the twentieth day of June in every year, publish a notice, according to the Form numbered (2.) in the said Schedule (A.), having first signed the same, requiring all persons entitled to vote in the election of a knight or knights of the shire to serve in Parliament in respect of any property situate wholly or in part within such parish or township who shall not be upon the register of voters then in force, and also all persons so entitled as aforesaid, who being upon such register shall not retain the same qualification or continue in the same place of abode as described in such register, and who are desirous to have their names inserted in the register about to be made, to give or send to the said overseers, on or before the twentieth day of July then next ensuing, a notice in writing, by them signed, of their claim to vote as aforesaid; and every such person, and any person who being upon such register may be desirous to make a new claim, shall, on or before the said twentieth day of July, deliver or send to the said overseers a notice signed by him of his claim, according to the form of notice set forth in that behalf in the said Form numbered (2.), or to the like effect. By s. 101, "Overseers" includes all persons (such as assistant overseers: Points v. Attwood, 6 C. B. 38), executing the duties of overseers, and acts to be done by overseers may be done by the major part. As to publication of notice, see ss. 23, 24, post, and s. 9 of the Act of 1878, applied to counties by s. 1, sub-ss. 1 and 2 of the Act of 1885. Retain the same qualification.] These words do not include a successive occupation of another farm in the same parish, although the description of both farms would apply equally to either: Burton v. Gery, 17 L. J. C. P. 66, 5 C. B. 7. See further as to successive occupation, s. 73, post. Deliver or send.] Claim addressed "To the overseers of the township of S." held sufficient in a case where four overseers had improperly divided their lists": Elliott v. St. Mary's Carlisle Overseers, 16 L. J. C. P. 101; 4 C. B. 76. As to posting notice, see s. 100. On or before 20th July.] If a claim be made after the 20th July, and the overseers choose to waive the irregularity they may do so, and may place the claimant on the list; and the revising barrister cannot expunge his name: Leonard v. Alloways, 48 L. J. C. P. 81; 40 L. T. 197; Davies v. Hopkins, 27 L. J. C. P. 6. Service on Sunday, good: Rawlins v. West Derby Overseers, 2 C. B. 72. The form prescribed by this section is superseded by Form No. 2 in Sched. 2 of the Act of 1885, p. 189, as prescribed by s. 18 of that Act. 5. The overseers of the poor of every parish and township respectively shall on or before the last day of July in every year make out, according to the Form numbered (3.) in the said Schedule (A.), an alphabetical list of all persons who on or before the twentieth day of July then next preceding shall have claimed as aforesaid; and in every such list the Christian name and surname of every claimant, with the place of his abode, the nature of his qualification, and the local or other description of |