Counties. any name; to add "dead" lists of the property, and the name of the occupying tenant thereof, 6 Vict. c. 18. shall be written as the same are stated in the claim; and the said overseers, if they shall have reasonable cause to believe that any person whose name shall appear in such list of claim- Overseers ants, or in the copy of the register relating to their parish or may object to township, and received by them from the clerk of the peace, is not entitled to have his name upon the register then next to be made, shall add the word " 'objected" before the name of every such person on the margin of such list of claimants or the said copy of register; and the said overseers shall also add the word "dead" before the name of any person in the said copy of the register whom they shall have reasonable cause to believe to be dead; and the overseers shall cause a sufficient number of copies of such list of claimants, and of the said copy of the register, with all such marginal additions as aforesaid, to be written or printed, and shall on or before the first day of August sign and and register publish the same; and the said overseers shall likewise keep a as to their copy of such list of claimants, and of the said copy of the register, with the marginal additions respectively as aforesaid, signed by them, to be perused by any person, without payment of any fee, at any time between the hours of ten of the clock in the forenoon and four of the clock in the afternoon of any day, except Sunday, during the first fourteen days after the same shall have been published, and shall deliver written or printed copies thereof, signed by them, to all persons applying for the to keep copies same, on payment of a price for each copy after the rate con- for inspection tained in the Table numbered (1.) in the Schedule (D.) to this and sale. Act annexed. The form prescribed by this section is superseded by Form 3 in Sched. 2 of the Act of 1885, p. 191. For obligation upon revising barrister to correct proved mistake in list, see s. 28, subs. 1, of Act of 1878, p. 153, applied to Counties by s. 1, subs. 2, of Act of 1885, p. 165. On or before 20th July.] See note to last section. claimants, own parish; 6. The list of claimants (if any) so to be made out by the List of overseers of every parish or township, together with the said claimants copy of the register, with the marginal additions respectively and register as aforesaid, for the time being, relating to the same parish or township, shall be deemed to be the list of voters of such parish or township for the county within which such parish or township may be situate, for the purposes hereinafter mentioned. As to conclusiveness of list, see Leonard v. Alloways, 48 L. J. C. P. 81, cited in note to s. 4, ante. to be deemed list of voters. 7. In every year every person who shall be upon the register Any person on for the time being for any county may object to any other person register may upon any list of voters for such county as not having been en- object to any titled, on the last day of July then next preceding, to have person in list. his name inserted in any list of voters for such county; and every person so objecting (save and except overseers objecting Notice of in the manner herein before mentioned) shall, on or before the objection. twenty-fifth day of August in such year, give or cause to be * Now 15th. † Now 20th. s. 7. Counties (Objections). * Now 20th * 6 Vict. c. 18, given to the overseers of the poor of the parish or township to which the list of voters containing the name of the person so objected to may relate, a notice, according to the Form numbered (4.) in the said Schedule (A.), or to the like effect; and the person so objecting shall also, on or before the said twenty-fifth day of August, give or cause to be given to the person so objected to, or leave or cause to be left at his place of abode, as described in such list, a notice according to the Form numbered (5.) in the said Schedule (A.), or to the like effect; and every such notice of objection shall be signed by the party so objecting as aforesaid ; and wherever the place of abode of the person objected to, as described in the said list, shall not be in the parish or township to which such list may relate, and the name of the occupying tenant of the whole or any part of the qualifying property, together with his place of abode, shall appear in such list, the person so objecting shall also, on or before the same day, give to or leave, or cause to be given or left, at the place of abode of any such occupying tenant, a duplicate notice, signed as aforesaid. Signature. List of persons objected to to be published. + Now Aug. 29. Now after Aug. 25. "Last" day of July altered to 15th day of July by s. 12, of the Act of 1885, post, and "25th❞ altered to 20th August by s. 3 of the same Act, p. 167, post. Forms superseded by Forms 4 and 5 in Sched. 2 of Act of 1885, p. 192, post. As to stating grounds of objection, see Act of 1865, s. 5, p. 122. On or before, &c.] It has been doubted whether the overseers can waive the irregularity of a notice sent too late: see Godsell v. Innons, 17 C. B. 295; 25 L. J. C. P. 79, and notwithstanding Leonard v. Alloways, 48 L. J. C. P. 81, decided on s. 4, ante, it is submitted that they cannot, on the ground that a party objected to is entitled as of right to take advantage of every irregularity of the party objecting. See s. 28, subs. 10, of the Act of 1885, p. 154: Freeman v. Newman, 12 Q. B. D. 373; 53 L. J. Q. B. 108; 51 L. T. 396; 32 W. R. 246; 1 Colt. 342. Notice to overseers.] Where more than one person is objected to, a separate notice to the overseers in respect of each person is not necessary: Smith v. Holloway, L. R. 1 C. P. 145; 35 L. J. C. P. 145; 19 L. T. 530; 17 W. R. 119; 1 H. & C. 54, though, of course, a separate notice must be given to each person objected to. The objector himself must sign; signature by an agent is insufficient: Toms v. Cuming, 7 M. & G. 88. 8. The said overseers shall in every year include the names of all persons against whom notice of objection shall have been given to them as aforesaid in that year in a list, according to the Form numbered (6.) in the said Schedule (A.), and shall publish such list on or before the first day of September† in such year, and shall also keep a copy of such list, to be perused by any person without payment of any fee, at any time between the hours of ten of the clock in the forenoon and four of the clock in the afternoon of any day except Sunday, during the first fourteen days of the said month of September; ‡ and shall deliver a copy of such list to any person requiring the same on payment of a price for each copy after the rate contained in the Table numbered (1.) in the Schedule (D.) to this Act annexed. Form superseded by Form 6 in Sched. 2 of Act of 1885, post. As to mode of publication, see s. 23 of this Act. 1st September altered to 25th August, and fourteen days after 25th August substituted for first fourteen days of September by s. 3, subs. 2, of the Act of 1885, post. 9. On or before the twenty-ninth day of August in every year, the overseers of every parish or township shall deliver to the clerk of the peace of the county wherein the said parish or township is situate the said copy of the register, and the said list of claimants, with the marginal additions respectively as aforesaid, and also a copy of the list of persons objected to, respectively signed as aforesaid, and relating to their parish or township. 25th August substituted for 29th August by s. 3, subs. 2, of Act of 1885, p. 167. 6 Vict. c. 18. Counties. Lists, &c., to be delivered to the clerk of the peace. *Now 25th. Boroughs. Town clerk to issue precepts to overseers. 10. And for the purpose of preparing like lists, and 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, be it enacted, That the town clerk of every such city or borough shall cause a sufficient number of forms of precepts, notices, and lists to be printed according to the Forms numbered (1. 2. 3. 4. 8. 12.) in the Schedule (B.) and of the Table numbered (1.) in the Schedule (D.) to this Act annexed, and shall on or before the tenth day of June † in every year make, and cause to be † Now 15th delivered to the overseers of the poor of every parish or town- April. ship situate wholly or in part within such city or borough, or within any place sharing in the election for such city or borough, his precept according to the Forms numbered (1.) in the said Schedule (B.), and also a sufficient number of the said printed Forms of notices and lists, and of the said Table. The forms in Schedule (B.) prescribed by this and the next section were superseded by forms under the Act of 1878, which forms are in their turn superseded by forms under s. 18 of the Act of 1885. For form of precept, see Sched. 3 of that Act, p. 208, and forms of notices and lists, see p. 222. By s. 7 of the Act of 1885, the precepts were directed to be sent within twelve days after the passing of that Act (which passed on the 21st May, 1885), in the year 1885, and on or within seven days before the 15th April in any subsequent year. The forms of Table D. partly survive. See note to that Table, p. 119. Overseers publish to notice as to 11. The overseers of every such parish or township shall, on or before the twentieth day of June in every year, publish a notice in writing according to Form numbered (2.) in the said the payment Schedule (B.), stating that no person will be entitled to have his of rates and name inserted in any list of voters for the city or borough then taxes by £10. next to be made in respect of the occupation of premises of the occupiers. clear yearly value of not less than ten pounds, situate wholly or in part within such parish or township, unless he shall pay, on or before the twentieth day of July then next ensuing, all the poor's rates and assessed taxes which shall have become payable from him in respect of such premises during the twelve calendar months next before the sixth day of April ‡ then last ‡ Now 5th past. January. As to form, see note to last section. The substituted form is Form B. of 6 Vict. c. 18. Boroughs. Overseers may inspect tax assessments, &c. List of persons in arrear of taxes. *Now 5th January. Overseers to prepare and publish lists of persons (other than freemen) entitled to vote. Sched. 3 of the Act of 1885, p. 220. The 5th January is substituted for the 6th April by 11 & 12 Vict. c. 90, p. 33, ante. 12. The overseers of every parish or township, for their assistance in making out the list of voters as hereinafter mentioned (upon request made by them or any of them, at any time between the hours of ten of the clock in the forenoon and four of the clock in the afternoon of any day except Sunday, during the month of July in every year, to any assessor or collector of taxes, or to any other officer having the custody of any tax assessment or duplicate for such parish or township), shall have free liberty to inspect any such tax assessment or duplicate, and to extract such particulars as may appear to such overseer or overseers to be necessary; and every such assessor or collector of taxes shall, within two days after the twentieth day of July in every year, make out and deliver to the said overseers a list containing the name and place of abode of every person who shall not have paid on or before the said twentieth day of July the assessed taxes which shall have become payable from him in respect of any premises within the said parish or township during the twelve calendar months next before the sixth day of April* then last past; and the overseers shall keep the said list, to be perused by any person, without payment of any fee, at any time between the hours of ten of the clock in the forenoon and four of the clock in the afternoon of any day, except Sunday, during the first fourteen days after the list of voters shall have been published, as hereinafter mentioned. 5th day of January substituted for 6th day of April by 11 & 12 Vict. c. 90, p. 33, ante. 13. The overseers of every such parish or township shall, on or before the last day of July in every year, make out or cause to be made out, according to the Form numbered (3.) in the Schedule (B.) to this Act annexed, an alphabetical list of all persons who may be entitled to vote in the election of a member or members to serve in Parliament for such city or borough in respect of the occupation of premises of the clear yearly value of not less than ten pounds, situate wholly or in part within such parish or township, and another alphabetical list, according to the Form numbered (4.) in the said Schedule (B.) of all other persons (except freemen) who may be entitled to vote in the election of such city or borough by virtue of any other right whatsoever, and in each of the said lists the Christian name and surname of every such person shall be written at full length, together with the place of his abode and the nature of his qualification, and where any person shall be entitled to vote in respect of any property, then the name of the street, lane, and the number of the house (if any) or other description of the place where such property may be situate, shall be specified in the list; and the said overseers shall sign such lists, and shall forthwith cause a sufficient number of copies of each of the said lists to be written or printed, and shall publish copies of the said lists on or before the first day of August in such year, and shall likewise keep a copy of each of the said lists, to be perused by any person without payment of any fee, at any time between the hours of ten of the clock in the forenoon and four of the clock in the afternoon of any day, except Sunday, during the first fourteen days after such lists shall have been so published, and shall deliver copies thereof to all persons applying for the same, on payment of a price for each copy after the rate contained in the Table numbered (1.) in the Schedule (D.) to this Act annexed. As to forms, see note to s. 10. For substituted and new forms, see Forms D. and E. to G. in Sched. 3 of the Act of 1885. For obligation upon revising barrister to correct proved mistakes in lists, see s. 28, subs. 1, of Act of 1878, p. 153. Shall sign.] This enactment is directory only, and therefore a list is valid, though not signed by the overseers: Morgan v. Parry, 17 C. B. 334; 25 L. J. C. P. 141; 2 Jur. (N.S.) 285. freemen. 14. The town clerk of every city or borough shall, on or Town clerks before the last day of July in the present and in each succeeding to publish year, make out, according to the Form numbered (5.) in the lists of said Schedule (B.), an alphabetical list of all the freemen of such city or borough who may be entitled to vote in the election of a member or members to serve in any future Parliament for such city or borough, together with the respective places of their abode, and shall sign such list, and cause copies thereof to be written or printed, and shall publish the said list on or before the first day of August in such year, and shall likewise keep a copy thereof, to be perused by any person, without payment of any fee, at any time between the hours of ten of the clock in the forenoon and four of the clock in the afternoon of any day, except Sunday, during the first fourteen days after such lists shall have been published, and shall deliver copies thereof to all persons applying for the same, on payment of a price for each copy after the rate contained in the Table numbered (1.) in the Schedule (D.) to this Act annexed. Persons omitted from borough lists to give notice of claim. Form No. 5 in Sched. B. (p. 115, post), does not appear to be superseded. 15. Every person whose name shall have been omitted in any such list of voters for any city or borough so to be made out as aforesaid, and who shall claim, as having been entitled on the last day of July then next preceding, to have his name inserted therein, and every person desirous of being registered for a different qualification than that for which his name appears in the said list, shall, on or before the twenty-fifth day of August Now 20th. in that year, give or cause to be given a notice, according to the Form numbered (6.) in the said Schedule (B.) or to the like effect, to the overseers of that parish or township in the list whereof he shall claim to have his name inserted, or if he shall claim as a freeman of any city or borough, or place sharing in the election therewith, then he shall in like manner give or cause to be given * G |