and applied to Ireland, the following dates shall be
substituted for the dates therein mentioned, that is to say,
the twentieth day of July for the fifteenth day of July, the
first day of July for the twentieth day of July, and the
first day of January for the fifth day of January.
(3.) The expression "a lodger qualification" means the
qualification enacted, as respects England, by the fourth
section of the Representation of the People Act, 1867 [see
comments appended to this text], and the enactments 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 the said section of the Irish Act of 1868, and
the enactments amending or affecting the same, shall, so far
as they are consistent with this Act, extend to counties in
Ireland; and sections five and six and twenty-two and
twenty-three of the Parliamentary and Municipal Registration
Act, 1878, so far as they relate to lodgings, shall apply to
Ireland, and for the purpose of such application the
reference in the said section six to the Representation of
the People Act, 1867, shall be deemed to be made to the
Representation of the People (Ireland) Act, 1868, and in the
said section twenty-two of the Parliamentary and Municipal
Registration Act, 1878, the reference to section thirteen of
the Parliamentary Registration Act, 1843, shall be construed
to refer to the enactments of the Registration Acts in
Ireland relating to the making out, signing, publishing, and
otherwise dealing with the lists of voters, and the
reference to the Parliamentary Registration Acts shall be
construed to refer to the Registration Acts in Ireland, and
the following dates shall be substituted in Ireland for the
dates in that section mentioned, that is to say, the
twentieth day of July for the last day of July, and the
fourteenth day of July for the twenty-fifth day of July,
and the word "overseers" shall be construed to refer in a
county to the clerk of the peace, and in a borough to the
town clerk.
(4.) The expression "a household qualification" means, as
respects Scotland, the qualification enacted by the third
section of the Representation of the People (Scotland) Act,
1868, and the enactments amending or affecting the same,
and the said section and enactments shall, so far as they
are consistent with this Act, extend to counties in
Scotland, and for the purpose of the said section and
enactments the expression "dwelling-house" in Scotland
means any house or part of a house occupied as a separate
dwelling, and this definition of a dwelling-house shall be
substituted for the definition contained in section
fifty-nine of the Representation of the People (Scotland)
Act, 1868.
(5.) The expression "a lodger qualification" means, as
respects Scotland, the qualification enacted by the fourth
section of the Representation of the People (Scotland) Act,
1868, and the enactments amending or affecting the same,
and the said section and enactments, so far as they are
consistent with this Act, shall extend to counties in
Scotland.
(6.) The expression "county occupation franchise" means, as
respects England, the franchise enacted by the sixth
section of the Representation of the People Act, 1867 [see
comments appended to this text]; and, as respects Scotland,
the franchise enacted by the sixth section of the
Representation of the People (Scotland) Act, 1868; and, as
respects Ireland, the franchise enacted by the first
section of the Act of the session of the thirteenth and
fourteenth years of the reign of Her present Majesty,
chapter sixty-nine.
(7.) The expression "borough occupation franchise" means,
as respects England, the franchise enacted by the
twenty-seventh section of the Act of the session of the
second and third years of the reign of King William the
Fourth, chapter forty-five [see comments appended to this
text]; and as respects Scotland, the franchise enacted by
the eleventh section of the Act of the session of the
second and third years of the reign of King William the
Fourth, chapter sixty-five; and as respects Ireland the
franchise enacted by section five of the Act of the session
of the thirteenth and fourteenth years of the reign of Her
present Majesty, chapter sixty-nine, and the third section
of the Representation of the People (Ireland) Act, 1868.
{975}
(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.
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.
(2.) The expression "the Registration Acts" means the
enactments for the time being in force in England,
Scotland, 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.
(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 in boroughs in Ireland in respect of a
lodger qualification, 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.) All enactments of the Registration Acts which relate
to the registration in counties and boroughs in Ireland of
persons entitled to vote in respect of the county
occupation franchise and the borough occupation franchise
respectively, shall, with the necessary variations and with
the necessary alterations of precepts, notices, lists, and
other forms, extend respectively to the registration in
counties and boroughs in Ireland of persons entitled to
vote in respect of the household qualification conferred by
this Act.
(6.) In Scotland all enactments of the Registration Acts
which relate to the registration of persons entitled to
vote in burghs, including the provisions relating to dates,
shall, with the necessary variations, and with the
necessary alterations of notices and other forms, extend
and apply to counties as well as to burghs; and the
enactments of the said Acts which relate to the
registration of persons entitled to vote in counties shall,
so far as inconsistent with the enactments so applied, be
repealed: Provided that in counties the valuation rolls,
registers, and lists shall continue to be arranged in
parishes as heretofore.
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 of 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
non-payment 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.) In the application of this section to Scotland the
expression rate book means the valuation roll, and where a
man entered on the valuation roll by virtue of this section
inhabits a dwelling-house by virtue of any office, service,
or employment, there shall not be entered in the valuation
roll any rent or value against the name of such man as
applicable to such dwelling-house, nor shall any such man
by reason of such entry become liable to be rated in
respect of such dwelling-house.
(6.) The proviso in section two of the Act for the
valuation of lands and heritages in Scotland passed in the
session of the seventeenth and eighteenth years of the
reign of Her present Majesty chapter ninety-one, and
section fifteen of the Representation of the People
(Scotland) Act, 1868, shall be repealed: Provided that in
any county in Scotland the commissioners of supply, or the
parochial board of any parish, or any other rating
authority entitled to impose assessments according to the
valuation roll, may, if they think fit, levy such
assessments in respect of lands and heritages separately
let for a shorter period than one year or at a rent not
amounting to four pounds per annum in the same manner and
from the same persons as if the names of the tenants and
occupiers of such lands and heritages were not inserted in
the valuation roll.
{976}
(7.) In Ireland where the owner of a dwelling-house is
rated instead of the occupier, the occupier shall
nevertheless be entitled to be registered as a voter, and
to vote under the same conditions under which an occupier
of a dwelling-house in England is entitled in pursuance of
the Poor Rate Assessment and Collection Act, 1869, and the
Acts amending the same, to be registered as a voter, and to
vote where the owner is rated, and the enactments referred
to in the First Schedule to this Act shall apply to Ireland
accordingly, with the modifications in that schedule
mentioned.
(8.) Both in England and Ireland where a man inhabits any
dwelling-house by virtue of any office, service, or
employment, 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 inhabits
a dwelling-house in respect of which no person is rated 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.
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 to be from time to time registered
and to vote for such county 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.
11. This Act, so far as may be consistently with the tenor
thereof, shall be construed as one with the Representation
of the 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 "rentcharge" 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. The
expression "land or tenement" includes any part of a house
separately occupied for the purpose of any trade, business,
or profession, and that expression, and also the expression
"hereditament" when used in this Act, in Scotland includes
"lands and heritages." The expressions "joint tenants" and
"tenants in common" shall include "pro indiviso
proprietors." The expression "clear yearly value" as
applied to any land or tenement means in Scotland the
annual value as appearing in the valuation roll, and in
Ireland the net annual value at which the occupier of such
land or tenement was rated under the last rate for the time
being, under the Act of the session of the first and second
years of the reign of Her present Majesty, chapter
fifty-six, or any Acts amending the same.
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 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.
13. This Act shall commence and come into operation on the
first day of January one thousand eight hundred and
eighty-five: 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 first day of
January one thousand eight hundred and eighty-six, and
until that day the previous register of voters shall
continue in force.
The following comments upon the foregoing act afford
explanations which are needed for the understanding of some of
its provisions:
"The introduction of the household franchise into counties is
the main work of the Representation of the People Act, 1884.
... The county household franchise is ... made identical with
the borough franchise created by the Reform Act of 1867 (30 &
31 Vict., c. 102), to which we must, therefore, turn for the
definition of the one household franchise now established in
both counties and boroughs throughout the United Kingdom. The
third section of the Act in question provides that 'Every man
shall in and after the year 1868 be entitled to be registered
as a voter, and when registered to vote, for a member or
members to serve in Parliament for a borough [we must now add
"or for a county or division of a county"] who is qualified as
follows:
(1.) Is of full age and not subject to any legal
incapacity;
(2.) Is on the last day of July [now July 15th] in any
year, and has during the whole of the preceding twelve
calendar months been an inhabitant occupier as owner or
tenant of any dwelling house within the borough [or within
a county or division of a county];
{977}
(3.) Has during the time of such occupation been rated as
an ordinary occupier in respect of the premises so occupied
by him within the borough to all rates (if any) made for
the relief of the poor in respect of such premises; and,
(4.) Has on or before the 20th day of July in the same year
bona fide paid an equal amount in the pound to that payable
by other ordinary occupiers in respect of all poor rates
that have been payable by him in respect of the said
premises up to the preceding 5th day of January: Provided
that no man shall under this section be entitled to be
registered as a voter by reason of his being a joint
occupier of any dwelling house. ... The lodger franchise
was the creation of the Reform Act of 1867 (30 & 31 Vict.,
c. 102), the 4th section of which conferred the suffrage
upon lodgers who, being of full age and not subject to any
legal incapacity, have occupied in the same borough
lodgings 'of a clear yearly value, if let unfurnished, of
£10 or upwards' for twelve months preceding the last day of
July, and have claimed to be registered as voters at the
next ensuing registration of voters. By this clause certain
limitations or restrictions were imposed on the lodger franchise;
but these were swept away by the 41 & 42 Vict., c. 26, the
6th section of which considerably enlarged the franchise by
enacting that:--
(1.) Lodgings occupied by a person in any year or two
successive years shall not be deemed to be different
lodgings by reason only that in that year or either of
those years he has occupied some other rooms or place in
addition to his original lodgings.
(2.) For the purpose of qualifying a lodger to vote the
occupation in immediate succession of different lodgings of
the requisite value in the same house shall have the same effect
as continued occupation of the same lodgings.
(3.) Where lodgings are jointly occupied by more than one
lodger, and the clear yearly value of the lodgings if let
unfurnished is of an amount which, when divided by the
number of the lodgers, gives a sum of not less than £10 for
each lodger, then each lodger (if otherwise qualified and
subject to the conditions of the Representation of the
People Act, 1867) shall be entitled to be registered and
when registered to vote as a lodger, provided that not more
than two persons being such joint lodgers shall be entitled
to be registered in respect of such lodgings. ... Until the
passing of the Representation of the People Act, 1884, no
householder was qualified to vote unless he not only
occupied a dwelling house, but occupied it either as owner
or as the tenant of the owner. And where residence in an
official or other house was necessary, or conducive to the
efficient discharge of a man's duty or service, and was
either expressly or impliedly made a part of such duty or
service then the relation of landlord or tenant was held
not to be created. The consequence was that a large number
of persons who as officials, as employes, or as servants
are required to reside in public buildings, on the premises
of their employers or in houses assigned to them by their
masters were held not to be entitled to the franchise. In
future such persons will ... be entitled to vote as
inhabitant occupiers and tenants (under Section 3 of the
recent Act), notwithstanding that they occupy their
dwelling houses 'by virtue of any office, service or
employment.' But this is subject to the condition that a
subordinate cannot qualify or obtain a vote in respect of a
dwelling house which is also inhabited by any person under whom
'such man serves in such office, service or employment.'
... Persons seised of (i. e., owning) an estate of
inheritance (i. e., in fee simple or fee-tail) of freehold
tenure, in lands or tenements, of the value of 40s. per
annum, are entitled to a vote for the county or division of
the county in which the estate is situated. This is the
class of electors generally known as 'forty shilling
freeholders.' Originally all freeholders were entitled to
county votes, but by the 8 Henry VI., c. 7, it was provided
that no freehold of a less annual value than 40s. should
confer the franchise. Until the Reform Act of 1832, 40s.
freeholders, whether their estate was one of inheritance or
one for life or lives, were entitled to county votes. That Act,
however, restricted the county freehold franchise by
drawing a distinction between (1) freeholds of inheritance,
and (2) freeholds not of inheritance. While the owners of
the first class of freeholds were left in possession of
their former rights (except when the property is situated
within a Parliamentary borough), the owners of the latter
were subjected to a variety of conditions and restrictions. ...
Before the passing of the Representation of the People Act,
1884, any number of persons might qualify and obtain county
votes as joint owners of a freehold of inheritance,
provided that it was of an annual value sufficient to give
40s. for each owner. But ... this right is materially
qualified by Section 4 of the recent Act. ... Persons
seised of an estate for life or lives of freehold tenure of
the annual value of 40s., but of less than £5, are entitled
to a county vote, provided that they
(1) actually and bonâ fide occupy the premises, or
(2) were seised of the property at the time of the passing
of the 2 Will. IV., c. 45 (June 7th, 1832), or