Page:Encyclopædia Britannica, Ninth Edition, v. 20.djvu/363

REGISTRATION 345 enacted that a uniform household franchise and a uniform lodger franchise at elections shall be established in all counties and boroughs throughout the United Kingdom, and every man pos- sessed of a household qualification or a lodger qualification shall, if the qualifying premises be situated in a county in England or Scot- land, be entitled to be registered as a voter, and, when registered, to vote at an election for such county, and, if the qualifying pre- mises be situated in a county or borough in Ireland, be entitled to be registered as a voter and, when registered, to vote at an election for such county or borough. A main practical effect of the Act of 1884 was to extend to counties the franchise previously confined to boroughs in respect of inhabitant occupiers of dwelling houses, and in respect of the occupation of lodgings. At the same time the franchise in respect of occupation of lands and tenements (other than a household franchise) was assimilated in boroughs and counties and fixed at 10 a year. Independently of this extension to counties and assimilation of the household and lodger franchise, provision was made for extending the franchise to many cases of the inhabitancy of houses by persons who, in consequence of filling offices or serving others or of the tenure of the house, were deprived of the franchise, not being in law occupiers. This is commonly spoken of as the service franchise. On the other hand restrictions were placed on faggot votes in respect of rent charges. Moreover, a man is not entitled by virtue of the Act to be registered as a county voter in respect of the occupation of any dwelling house, land, or tenement situate in a borough. This Act was shortly followed by the Registration Act, 1885, assimilating the registration law applicable to the borough and county occupation franchises. The procedure for the formation of the register, as well in counties as in boroughs, is still very complicated. In. counties there are two classes of persons entitled to be registered the one ownership voters, the other occupation voters. General but detailed instructions are sent by the clerk of the peace to overseers, accompanied by forms and copies of the existing register. On or before the 20th June the overseers publish the ownership portion of the then existing register for the parish, at the same time giving notice in a prescribed form that all persons entitled to be registered in counties in respect of the ownership of property within the parish and not upon the register, or whose qualification or address has changed, who are desirous of having their names inserted in the register, must give notice to the overseers in a prescribed published form by the 20th July. A list of such ownership claimants is pub- lished by the end of July. The occupation voters now entitled in counties to be on the register comprise a 10 occupation qualifica- tion and principally a household qualification, and also a lodger qualification. The occupation list other than that of lodgers is made out and published by the overseers. They are required to get the information, and as this information cannot be gathered in many cases from the rate books, they may require rated persons to supply them with the names of all inhabitant occupiers of their dwelling houses so that such persons (including chieily the ser- vice franchise already mentioned) may be entered in a separate column of the rate book. The lodger list is made out by the overseers from an existing list, if there be one (for in counties there can be no existing list before 1886), and by claims. In cities and boroughs the franchises (where there are no freemen) are chiefly occupation franchises, and the same general system of registration prevails as in counties in relation to the registration or occupation franchises. With the exception of the provisions relating to the so-called service franchise already noticed, registration procedure has not been much changed by the legislation of 1884 and 1885, and in counties as well as in boroughs it mainly rests still on the Regis- tration Act of 1843. Overseers receive their precepts in boroughs from the town clerk, as they do in counties from the clerks of the peace, and the town clerk deals with the lists of freemen where that description of franchise exists. As the household occupation and lodger franchises were introduced into boroughs in 1867, the pre- paration and publication of lists as to occupation franchises rests principally on the same procedure in counties and boroughs. Ample facilities are given for fresh and amended claims and for objections made (by any one on the register) to the overseers by the 20th August and published by them in lists ; and, where payment of poor rates is essential, not necessarily by the voter, but by some one (as in some occupation franchises it is), a list of persons dis- qualified is made out and open to inspection. While the actual exercise of the franchise is governed by the duration of the register (which in the absence of special legislation, as adopted for 1868 and for 1885, is in force for the ordinary year, viz., from 1st January), every period of qualification is computed by reference to the 15th July; the qualification must be complete on that day, whether or I not it comprises a possession or occupation for a previous definite fixed period. When payment of poor rates is part of a qualification, payment before the 15th July of rates payable to the 15th January is sufficient. Disqualifications generally refer to their existence at the same date. As regards parochial relief, any relief within twelve months of the 15th July disqualifies. Even with regard to dis- qualification by office, which may be transitory and disconnected with the qualifying franchise, the existence of the disqualification on the 15th July is a bar to registration. Where a man is registered by virtue of one qualification he cannot be also registered to vote by reason of another in respect of the same property, and a qualification franchise under the Representation of the People Act, 1884, gene- rally overrides another description of qualification ; but fine distinc- tions sometimes exist between inhabitancy and residence in relation to different qualifications affecting the right to be on the register in respect of one description of occupation franchise rather than another. In a borough divided under the Redistribution of Scats Act, 1885, a person cannot be registered in more than one division. The duties of overseers in reference to registration extend from spring to autumn. By the 25th of August the lists are delivered by them to the clerk of the peace in counties, and in boroughs to the town clerk. Barristers are appointed to revise the lists and hold courts for that purpose (and also for revising the municipal franchise) between the 15th September and 31st October, giving notice to the clerks of the peace in counties and town clerks of boroughs, who publish notice of the sittings appointed and attend and deliver the lists, the overseers also attending. They hold open courts (the localities including all polling places in counties) on appointed days, with evening sittings in populous places, with general powers of adjournment. A right of appeal exists from a revising barrister's decision on the points of law, by a claimant or objector, to judges of the High Court of Justice. Whether the right of appeal is exercised or not, the lists, as settled and signed by the barrister, are transmitted by him to the clerk of the peace or town clerk as the case may be. The lists are copied and printed in such manner and form that the list of voters for every parish appeals separately and with reference to polling places. By the end of December the printed lists signed by the clerk of the peace are delivered to the sheriff of the county, and signed borough lists are delivered by the town clerk to the returning officer. The register is thus completed, and the book constitutes the register of persons entitled to vote for the county or borough to which it relates at any election which takes place during the year commenc- ing on the 1st January next after such register is made. For some years after the passing of the Reform Act, 1832, an elector was allowed, previous to voting, to be interrogated as to the possession of the qualification for which his name was inserted on the register; but since 1843 no inquiry is permitted at the time of polling as to the right of any person to vote, except as to his identity with the name appearing on the register and as to his having already voted ; he may be required to give his answers on oath, but without an oath a false answer wilfully made is an indictable misdemeanour. With this exception it is unlawful to require any voter to take an oath in proof of his qualification or right to vote, or to reject any vote tendered by any person whose name is upon the register ; and no scrutiny is allowed by or before any returning officer with regard to any vote given or tendered at an election. A great effort, partially successful, was made in 1885 to transfer the cost of forming the register from local to imperial funds. A part of the cost is now borne by the state. The remuneration of revising barristers is paid by the treasury. Scotland. In Scotland as in England a system of registration was established in 1832 (2 & 3 Will. IV. c. 65), and, passing over amendments on the extension and assimilation of county and burgli franchises by the Representation of the People Act, 1884, establishing a general household qualification in the United Kingdom, the principles of registration adopted in England by the Registration Act, 1885, were applied with some modifications to Scotland by the Registration Amendment (Scotland) Act, 1885. An annual revision of the register (founded on the valuation roll) is made by appointed officers, with the publication of lists and of names of parties interested making claims and objections. .Instead, however, of the duties of publication and primary correction being in the hands of the parish officers, as in England, those duties devolve as before on assessors (aided in burghs by the town clerks), who make up the register. The duties of final revision devolve on the sheriff, who authenticates the register, and it is delivered to the sherilT clerk with the names duly arranged. The principal expenses of registration are provided from local or county sources, with a contribution from imperial funds. Ireland. In Ireland also the registration of voters was a feature of the reform in parliament effected in 1832, and the same gene;al features as to the formation and amendment of the register prevail as in England. The extension and assimilation of the franchise by the Representation of the People Act, 1884, is carried out by the Parliamentary Registration (Ireland) Act, 1885, on the same lines as before, only adapted to peculiar exigencies. Clerks of poor-law unions have still many of the duties of parochial officers in England. Prominent among recent divergencies is the proviso- that temporary eviction for non-payment of rent followed by reinstalment does not disqualify a claim to occupation franchise. XX. 44