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Select documents of English constitutional history

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son, being only a sub-lessee, or the assignee of any under-lease,
shall have a right to vote in such election in respect of any such
term of sixty years or twenty years as aforesaid, unless he shall
be in the actual occupation of the premises.

XXI. That no public or parliamentary tax, nor any church
rate, county rate, or parochial rate, shall be deemed to be any
charge payable out of or in respect of any lands or tenements
within the meaning of this act.

XXII. That in order to entitle any person to vote in any elec-
tion of a knight of the shire or other member to serve in any
r'uture parliament, in respect of any messuages, lands, or tene-
ments, whether freehold or otherwise, it shall not be necessary
that the same shall be assessed to the land tax; any statute to
the contrary notwithstanding.



XXVI. That notwithstanding anything hereinbefore contained
no person shall be entitled to vote in the election of a knight or
knights of the shire to serve in any future parliament unless he
shall have been duly registered according to the provisions here-
inafter contained; and that no person shall be so registered in
any year in respect of his estate or interest in any lands or tene-
ments, as a freeholder, copyholder, customary tenant, or tenant
in ancient demesne, unless he shall have been in the actual pos-
session thereof, or in the receipt of the rents and profits thereof
for his own use, for six calendar months at least next previous to
the last day of July in such year, which said period of six cal-
endar months shall be sufficient, any statute to the contrary not-
withstanding; and that no person shall be so registered in any
year, in respect of any lands or tenements held by him as such
lessee or assignee, or as such occupier and tenant as aforesaid,
unless he shall have been in the actual possession thereof, or iq



Reform Act of 1832 517

receipt of the rents and profits thereof for his own use, as the
case may require, for twelve calendar months next previous to
the last day of July in such year : provided always, that where
any lands or tenements, which would othenvise entitle the owner,
holder, or occupier thereof to vote in any such election, shall
come to any person, at any time within such respective periods
of six or twelve calendar months, by descent, succession, mar-
riage, marriage settlement, devise, or promotion to any benefice
in a church, or by promotion to any office, such person shall be
entitled in respect thereof to have his name inserted as a voter in
the election of a knight or knights of the shire in the lists then
next to be made, by virtue of this act as hereinafter mentioned,
and, upon his being duly registered according to the provisions
hereinafter contained, to vote in such election.

XXVII. That in every city or borough which shall return a
member or members to serve in any future parliament, every
male person of full age, and not subject to any legal incapacity,
who shall occupy, within such city or borough, or within any
place sharing in the election for such city or borough, as owner
or tenant, any house, warehouse, counting-house, shop, or other
building, being, either separately, or jointly with any land within
such city, borough, or place occupied therewith by him as owner,
or therewith by him as tenant under the same landlord, of the
clear yearly value of not less than 10 , shall, if duly registered
according to the provisions hereinafter contained, be entitled to
vote in the election of a member or members to serve in any
future parliament for such city or borough : provided always, that
no such person shall be so registered in any year unless he shall
have occupied such premises as aforesaid for twelve calendar
months next previous to the last day of July in such year, nor un-
less such person, where such premises are situated in any parish
or township in which there shall be a rate for the relief of the
poor, shall have been rated in respect of such premises to all
rates for the relief of the poor in such parish or township, made
during the time of such his occupation so required as aforesaid,
nor unless such person shall have paid, on or before the zoth of
July in such year, all the poor's rates and assessed taxes which
shall have become payable from him in respect of such premises
previously to the 6th of April then next preceding : provided also,
that no such person shall be so registered in any year unless he
shall have resided for six calendar months next previous to the
last day of July in such year within the city or borough, or within
the place sharing in the election for the city or borough, in re-



518 English Constitutional Documents

spect of which city, borough, or place respectively he shall be
entitled to vote, or within seven statute miles thereof or of any
part thereof.

XXVIII. That the premises in respect of the occupation of
which any person shall be entitled to be registered in any year,
and to vote in the election for any city or borough as aforesaid,
shall not be required to be the same premises, but may be differ-
ent premises occupied in immediate succession by such person
during the twelve calendar months next previous to the last day
of July in such year, such person having paid on or before the
zoth of July in such year, all the poor's rates and assessed taxes
which shall previously to the 6th of April then next preceding
have become payable from him in respect of all such premises so
occupied by him in succession.



XXXVI. That no person shall be entitled to be registered in
any year as a voter in the election of a member or members to
serve in any future parliament for any city or borough who shall
within twelve calendar months next previous to the last day of
July in such year have received parochial relief or other alms,
which by the law of parliament now disqualify from voting in the
election of members to serve in parliament.

XXXVII. That the overseers of the poor of every parish and
township shall, on the 2Oth day of June in the present and in
every succeeding year, cause to be fixed on or near the doors of
all the churches and chapels within such parish or township, or
if there be no church or chapel therein, then to be fixed in some
public and conspicuous situation within the same respectively, a
notice according to the form numbered i. in the schedule (H.) to
this act annexed, requiring all persons who may be entitled to
vote in the election of a knight or knights of the shire * * * in
respect of any property situate wholly or in part in such parish or
township, to deliver or transmit to the said overseers on or before
the 2oth of July in the present and in every succeeding year a
notice of their claim as such voters, according to the form num-
bered 2. in the said schedule (H.), or to the like effect: provided
always, that after the formation of the register to be made in
each year, as hereinafter mentioned, no person whose name shall
be upon such register for the time being shall be required there-
after to make any such claim as aforesaid, so long as he shall
retain the same qualification, and continue in the same place oJ
abode described by such register.



Reform Act of 1832 519

XXXVIII. That the overseer of the poor of every parish and
township shall, on or before the last day of July in the present
year, make out or cause to be made out, according to the form
numbered 3. in the said schedule (H.), an alphabetical list of all
persons who shall claim as aforesaid to be inserted in such list
as voters in the election of a knight or knights of the shire * * *,
in respect of any lands or tenements situate wholly or in part
within such parish or township; and that the said overseers shall
on or before the last day of July in every succeeding year make
out or cause to be made out a like list, containing the names of
all persons who shall be upon the register for the time being as
such voters, and also the names of all persons who shall claim as
aforesaid to be inserted in the last-mentioned list as such voters;
and in every list so to be made out by the overseers as aforesaid,
the Christian name and surname of every person shall be written
at full length, together with the place of his abode, the nature of
his qualification, and the local or other description of such lands
or tenements, as the same are respectively set forth in his claim
to vote, and the name of the occupying tenant, if stated in such
claim; and the said overseers, if they shall have reasonable cause
to believe that any person so claiming as aforesaid, or whose
name shall appear in the register for the time being, is not en-
titled to vote in the election of a knight or knights of the shire
* * *, shall have power to add the words "objected to" opposite
the name of every such person on the margin of such list; and
the said overseers shall sign such list, and shall cause a sufficient
number of copies of such list to be written or printed, and to be
fixed on or near the doors of all the churches and chapels within
their parish or township, or if there be no church or chapel
therein, then to be fixed up in some public and conspicuous situa-
tion within the same respectively, on the two Sundays next after
such list shall have been made; and the said overseers shall like-
wise keep a true copy of such list, to be perused by any person,
without payment of any fee, at all reasonable hours during the
first two weeks after such lists shall have been made; provided
always, that every precinct or place, whether extra-parochial or
otherwise, which shall have no overseers of the poor, shall for the
purpose of making out such list as aforesaid be deemed to be
within the parish or township adjoining thereto, such parish or
township being situate within the same county, or the same rid-
ing, parts, or division of a county, as such precinct or place; and
if such precinct or place shall adjoin two or more parishes or
townships so situate as aforesaid, it shall be deemed to be within



520 English Constitutional Documents

the least populous of such parishes or townships according to the
last census for the time being; and the overseers of the poor of
every such parish or township shall insert in the list for their re-
spective parish or township the names of all persons who shall
claim as aforesaid to be inserted therein as voters. * * *

XXXIX. That every person who shall be upon the register for
the time being for any county, or for any riding, parts, or divi-
sion of a county, or who shall have claimed to be inserted in any
list for the then current year of voters * * * may object to any
person as not having been entitled on the last day of July then
next preceding to have his name inserted in any list of voters

* * * so to be made out as aforesaid; and every person so object-
ing (save and except overseers objecting in the manner herein-
before mentioned) shall, on or before the 25th of August in the
present and in every succeeding year, give or cause to be given a
notice in writing according to the form numbered 4. in the said
schedule (H.), or to the like effect, to the overseers who shall
have made out the list in which the name so objected to shall
have been inserted; and the person so objecting shall also, on or
before the 25th of August * * * give to the person objected to,
or leave at his place of abode as described in such list, or per-
sonally deliver to 'his tenant in occupation of the premises
described in such list, a notice in writing according to the form
numbered 5. in the said schedule (H.), or to the like effect; and
the overseers shall include the names of all persons so objected
to in a list according to the form numbered 6. in the said schedule
(H.), and shall cause copies of the same to be fixed on or near
the doors of all the churches * * * on the two Sundays next pre-
ceding the 1 5th of September in the present and every succeeding
year; and the overseers shall likewise keep a copy of the names
of all the persons so objected to, to be perused by any person.

* # #

XL. That on the 2Qth of August in the present and in every
succeeding year the overseers of every parish and township shall
deliver the list of voters so made out as aforesaid, together with
a written statement of the number of persons objected to by the
overseers and by other persons, to the high constable or high
constables of the hundred or other like district in which such par-
ish or township is situate; and such high constable or high con-
stables shall forthwith deliver all such lists, together with such
statements as aforesaid, to the clerk of the peace of the county,
riding, or parts, who shall forthwith make out an abstract of the
number of persons objected to by the overseers and by other per-



Reform Act of 1832 521

sons in each parish or township, and transmit the same to the
barrister or barristers appointed as hereinafter mentioned to
revise such lists, in order that the said barrister or barristers may
fix proper times and places for holding his or their courts for the
revision of the said lists.

XLI. That the lord chief justice of the court of king's bench
shall, in the month of July or August in the present and in every
succeeding year, nominate and appoint for Middlesex, and the
senior judge for the time being in the commission of assize for
every other county shall, when travelling the summer circuit,
* * * nominate and appoint for every such county, or for each
of the ridings, parts, or divisions of such county, a barrister or
barristers to revise the lists of voters in the election of a knight
or knights of the shire; and such barrister or barristers so ap-
pointed as aforesaid shall give public notice, as well by advertise-
ment in some of the newspapers circulating within the county,
riding, parts, or division, as also by a notice to be fixed in some
public and conspicuous situation ***(*** to be given three
days at the least before the commencement of his or their circuit,)
that he or they will make a circuit of the county, riding, parts, or
division for which he or they shall be so appointed, and of the
several times and places at which he or they will hold courts for
that purpose, such times being between the isth of September in-
clusive and the 25th of October inclusive in the present and in
every succeeding year, and he or they shall hold open courts for
that purpose at the times and places so to be announced; and
where two or more barristers shall be appointed for the same
county, riding, parts, or division, they shall attend at the same
places together, but shall sit apart from each other, and hold
separate courts at the same time for the despatch of business:
provided always, Jhat no member of parliament, nor any person
holding any office or place of profit under the crown, shall be
appointed such barrister, and that no barristers so appointed as
aforesaid shall be eligible to serve in parliament for eighteen
months from the time of such his appointment. * * *

XLII. That the clerk of the peace shall at the opening of the
first court to be held by every such barrister * * * produce or
cause to be produced before him the several lists of voters for
such county, riding, parts, or division which shall have been de-
livered to such clerk of the peace by the high constable as afore-
said; and the overseers of every parish and township who shall
have made out the lists of voters shall attend the court to be held
by every such barrister at the place appointed for revising the



522 English Constitutional Documents

lists relating to such parish or township respectively, and shall
also deliver to such barrister a copy of the list of the persons ob-
jected to, so made out by them as aforesaid; and the said over-
seers shall answer upon oath all such questions as such barrister
may put to them or any of them touching any matter necessary
for revising the lists of voters; and every such barrister shall re-
tain on the lists of voters the names of all persons to whom no
objection shall have been made by the overseers, or by any other
person, in the manner hereinbefore mentioned; and he shall also
retain on the list of voters the name of every person who shall
have been objected to by any person other than the overseers,
unless the party so objecting shall appear by himself or by some
one on his behalf in support of such objection; and where the
name of any person inserted in the list of voters shall have been
objected to by the overseers, or by any other person in the man-
ner hereinbefore mentioned, and such person so objecting shall
appear by himself or by some one on his behalf in support of
such objection, every such barrister shall require it to be proved
that the person so objected to was entitled on the last day of July
then next preceding to have his name inserted in the list of vo-
ters in respect of the qualification described in such list; and in
case the same shall not be proved to the satisfaction of such bar-
rister, or in case it shall be proved that such person was then
incapacitated by any law or statute from voting in the election of
members to serve in parliament, such barrister shall expunge the
name of every such person from the said lists; and he shall also
expunge from the said lists the name of every person who shall
be proved to him to be dead; and shall correct any mistake
which shall be proved to him to have been made in any of the
said lists as to any of the particulars by this act required to be
inserted in such lists; and where the Christian name of any per-
son, or his place of abode, or the nature of his qualification, or
the local or other description of his property, or the name of the
tenant in the occupation thereof, as the same respectively are
required to be inserted in any such list, shall be wholly omitted
therefrom, such barrister shall expunge the name of every such
person from such list, unless the matter or matters so omitted be
supplied to the satisfaction of such barrister before he shall have
completed the revision of such list, in which case he shall then
and there insert the same in such list : provided always, that no
person's name shall be expunged from any such list, except in
case of his death or of his being objected to on the margin of the
list by the overseers as aforesaid, or except in case of any such



Reform Act of 1832 523

omission or omissions as hereinbefore last-mentioned, unless such
notice as is hereinbefore required in that behalf shall have been
given to the overseers, nor unless such notice as is hereinbefore
required in that behalf shall have been given to such person, or
left at his place of abode, or delivered to his tenant as herein-
before mentioned.

XLIII. Provided also, that if it shall happen that any person
who shall have given to the overseers of any parish or township
due notice of his claim to have his name inserted in the list of
voters in the election of a knight or knights of the shire, shall
have been omitted by such overseers from such list, it shall be
lawful for the barrister, upon the revision of such list, to insert
therein the name of the person so omitted, in case it shall be
proved to the satisfaction of such barrister that such person gave
due notice of such his claim to the said overseers, and that he
was entitled on the last day of July then next preceding to be
inserted in the list of voters in the election of a knight or knights
of the shire. * * *

XLIV-LII. [Regulations for registration of voters for bor-
oughs.]

LVI. That for the purpose of defraying the expenses to be
incurred by the overseers of the poor and by the clerk of the
peace in carrying into effect the several provisions of this act, so
far as relates to the electors for any county, or for any riding,
parts, or division of a county, every person, upon giving notice
of his claim as such elector to the overseers, as hereinbefore
mentioned, shall pay or cause to be paid to the said overseers the
sum of i s. ; and such notice of claim shall not be deemed valid
until such sum shall have been paid; and the overseers of each
parish or township shall add all monies so received by them to
the money collected or to be collected for the relief of the poor
in such parish or townships, and such monies so added shall be
.applicable to the same purposes as monies collected for the relief
of the poor; and that for the purpose of defraying the expenses
to be incurred by the returning officer of every city and borough,
and by the overseers of the several parishes and townships in
every city and borough, and place sharing in the election there-
with, in carrying into effect the provisions of this act, so far as
relates to the electors for such city or borough, every such elector
whose name shall be upon the register of voters for such city or
borough for the time being shall be liable to the payment of i s.
annually, which sum shall be levied and collected from each



524 English Constitutional Documents

elector in addition to and as a part of the money payable by him
as his contribution to the rate for the relief of the poor, and such
sum shall be applicable to the same purposes as money collected
for the relief of the poor; and that the expenses incurred by the
overseers of any parish or township in making out, printing,
and publishing the several lists and notices directed by this act,
and all other expenses incurred by them in carrying into effect
the provisions of this act, shall be defrayed out of the money col-
lected or to be collected for the relief of the poor in such parish
or township; and that all expenses incurred by the returning
officer of any city or borough in causing the lists of the electors
for such city or borough to be copied out and made into a register,
and in causing copies of such register to be written or printed,
shall be defrayed by the overseers of the poor of the several par-
ishes and townships within such city or borough, or place sharing
in the election therewith, out of the money collected or to be col-
lected for the relief of the poor in such parishes and township,
in proportion to the number of voters placed on the register of
voters for each parish or township; and that all expenses incurred
by the clerk of the peace of any county, riding, or parts in caus-
ing the lists of the electors for such county, riding, or parts, or
for any division of such county, to be copied out and made into
a register, and in causing copies of such register to be written or
printed, and in otherwise carrying into effect the provisions of
this act, shall be defrayed by the treasurer of such county, riding,
or parts out of any public money in his hands, and he shall be
allowed all such payments in his accounts : provided always, that
no expenses incurred by any clerk of the peace under this act
shall be so defrayed unless the account shall be laid before the
justices of the peace at the next quarter sessions after such ex-
penses shall have been incurred, and allowed by the court.

LVII. That every barrister appointed to revise any list of vo-
ters under this act shall be paid at the rate of five guineas for
every day that he shall be so employed, over and above his trav-
elling and other expenses; and every such barrister, after the
termination of his last sitting, shall lay or cause to be laid before
the lords commissioners of His Majesty's treasury for the time
being a statement of the number of days during which he shall
have been so employed, and an account of the travelling and
other expenses incurred by him in respect of such employment;
and the said lords commissioners shall % make an order for the
amount to be paid to such barrister.



Reform Act of 1832 525

LXII. That at every contested election of a knight or knights
to serve in any future parliament for any county, or for any rid-
ing, parts, -or division of a county, the polling shall commence
at nine o'clock in the forenoon of the next day but two after the
day fixed for the election, unless such next day but two shall be
Saturday or Sunday, and then on the Monday following, at the
principal place of election, and also at the several places to be
appointed as hereinafter directed for taking polls; and such poll-
ing shall continue for two days only, such two days being success-
ive days; (that is to say,) for seven hours on the first day of polling,
and for eight hours on the second day of polling; and no poll
shall be kept open later than four o'clock in the afternoon of the
second day; any statute to the contrary notwithstanding.

LXIII. That the respective counties in England and Wales,

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