28 Vict. c. 36. registration of county voters, and to the powers and duties of revising barristers :" BE IT ENACTED, as follows: 1. This Act may be cited as "The County Voters Registration Act, 1865," and shall be construed with and as part of the said recited Act, hereinafter termed "the Principal Act.” The Act extends in many cases to boroughs as well as counties. See ss. 1316, which extended to boroughs by virtue of the Act itself, and ss. 10, 11, which were extended, with amendments, by ss. 24, 25 of the Act of 1878. 2. The clerk of the peace shall, on or before the tenth day of June in every year, make and cause to be delivered to the overseers of the poor of every parish and township within his county his precept according to the Form No. 1. in Schedule (A.) to this Act, instead of the precept numbered 1. in Schedule (A. to the Principal Act, together with the forms of notices, list, and copies of register in the Principal Act mentioned. A further new form of precept is now provided by Sched. 2 of the Act of 1885, p. 180, post. 3. The clerk of the peace of every county shall, together with the precept, transmit to the overseers of every parish or township within such county a sufficient number of copies of the part or parts of the register relating to such parish or township; and the overseers of the poor of every parish and township shall, on or before the twentieth day of June in every year, and at the same time with the publication of the notice mentioned in the fourth section of the Principal Act, publish a copy of the register then in force relating to their parish or township, and shall remove the same after a period including two Sundays at least, and not later than the twentieth day of July. 4. The twentieth day of August shall be the last day for giving notices of objection to the overseers and to the person objected to; and the seventh section of the Principal Act shall be read as if the word "twentieth" had been substituted therein for the word "twenty-fifth.” Repealed by Act of 1885. See s. 3 of that Act which makes the 20th of August a date of general application, thus rendering the section unnecessary. 5. The first day of September shall be the last day for the delivery, by the overseers, to the clerk of the peace, of the papers mentioned in the ninth section of the Principal Act; and such section shall be read as if the words "first day of September" had been substituted therein for the words "twenty-ninth day of August." Repealed by Act of 1885. See s. 3 of that Act and note to last section. 6. Any notice of objection to any person on the list of claimants for any parish or township may be given according to the provisions of the seventh section of the Principal Act,* but with that exception no notice of objection given under the provisions of the said seventh section, other than a notice to the overseers, shall be valid, unless the ground or grounds of objection be specifically stated therein; and this provision shall be deemed to be sufficiently satisfied by naming the column or columns of the list on which the objector grounds his objection: Provided 28 Vict. c. 36. always, That if the objection be grounded on the third column, then it shall be necessary to state in the notice whether the objection relates to the nature of the voter's interest in the qualifying property, or to the value of the qualifying property, or to both; and each of such last-mentioned grounds of objection shall be deemed a separate ground of objection, as well as any objection grounded on any one of the other columns; and such last-mentioned notice may be according to the Form numbered 2 in Schedule (A.) to this Act, or to the like effect, in substitution for the Form numbered 5 in Schedule (A.) to the Principal Act. By s. 26 of the Act of 1878, p. 152, this section is in effect extended to objections in boroughs within that Act. The form of notice in Schedule A. to the Act is superseded by Form No. 5 (a) in Schedule 2, Part II., of the Act of 1885. The corresponding form for boroughs is Form I., No. 2, in Schedule 3 of the same Act. to. 7. No person objected to under the provisions of this Act Evidence by shall be required to give evidence before the revising barrister person objected in support of his right to be registered, otherwise than as such right shall be called in question in such ground or grounds of objection. By s. 26 of the Act of 1878, p. 152, this and the next section are expressly extended to boroughs. 8. Every separate ground of objection shall be treated by the revising barrister as a separate objection; and for every ground of objection which, in the opinion of the revising barrister, shall have been groundlessly or frivolously and vexatiously stated in a notice of objection, he shall, on the application of the person objected to, or any one on his behalf, and upon production of the notice of objection, award costs against the objector to the amount at least of two shillings and sixpence, and this through the name of the person objected to be expunged upon some other ground of objection stated in the same notice of objection. As to costs in Revision Court generally, see s. 46 of the Act of 1843 and s. 13 of this Act, which raises the maximum amount from forty shillings to five pounds. Each ground of objection to be treated separately. 9. The provisions of the hundredth section of the Principal Posting of Act shall apply to notices of objection given under the provisions notice. of this Act. The 100th section of the Act of 1843 provides that any notice of objection may be sent by the post. Declaration by changing persons 10. Any person whose name appears on the list of voters then in force, and whose then place of abode is not correctly stated in the said list, or who shall have received a notice of objection grounded on the second column of the list, and who shall have possessed on the last day of July the same qualification in re- objected to. spect of which his name has been inserted on the list, may, if he think fit, make and subscribe a declaration before any justice of the peace, or any commissioner or other person authorized to s. 10. Declaration of change of abode, and by person ob jected to. *Now 14th, and in 1885, 5th. 28 Vict. c. 36, administer oaths in any of her Majesty's Superior Courts at Westminster, in the form contained in Schedule (B.) to this Act, or to the like effect; and all such declarations shall be duly dated, and shall, on or before the fourteenth day of September, be transmitted to the clerk of the peace; and it shall be the duty of the clerk of the peace to endorse on every such declaration the name of the polling district, and of the parish or township in which the qualification to which the declaration relates is situate, and the name of the person making the declaration, and also the date on which he has received the same, and to affix his initials to such last-mentioned endorsement, and to deliver all such declarations to the revising barrister at his first Court, arranged under the heads of the several polling districts according to the alphabetical order of the parishes and townships; and every revising barrister shall, for the purpose of correcting the statement in the list of the place of abode of such person, receive any such declaration as evidence, to be used in Court at the proper time, if transmitted to the clerk of the peace on or before such last-mentioned day, of which the endorsement in that behalf by the clerk of the peace shall be prima facie proof, and if purporting to be subscribed before a justice of the peace, or commissioner, or other person authorized as aforesaid, without proof of the signature of the person subscribing the same, or of the justice, commissioner, or person before whom the same purports to have been subscribed, unless he shall have good reason to doubt the genuineness of any signature thereto; and all such declarations may be perused by any person at the office of the clerk of the peace, 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, before the twentieth day of September; and the clerk of the peace shall deliver copies of any such declaration to all persons applying for the same, on payment of the price of fourpence per folio of seventy-two words. Penalty for falsely signing such declaration. By s. 4, subs. (2) of the Act of 1885, declarations under this section must be transmitted to the clerk of the peace before the 12th (instead of before the 14th) day of September, and the declarations are to be open for inspection, and copies are to be on sale "on any day prior to the first day on which a Court for the revision of the lists of voters in a parliamentary county can be held;" and by s. 30 (a) of the Seats Act, p. 241, the declarations are to be sent, in 1885, on or before the 5th. The form is now, for ownership voters, Form No. 7 of Schedule 2, Part I., of the Act of 1885, p. 194, and for occupation voters Form M. of Schedule 2, Part I., of the same Act, p. 204. 11. Any person falsely or fraudulently signing any such declaration in the name of any other person, whether such person shall be living or dead, and every person transmitting as genuine any false or falsified declaration, knowing the same to be false or falsified, and any person knowingly and wilfully making any false statement or fact in such declaration, shall be guilty of a misdemeanor, and punishable by fine or imprisonment for a term not exceeding one year, and the revising barrister shall have 28 Vict. c. 36. power to impound any such declaration. 12. No Court shall be holden by a revising barrister for the revision of the lists of any county before the twentieth day of September in any year. Repealed by Act of 1885. See s. 40 of that Act, and note, p. 169. 13. Every order for costs by a revising barrister, whether Orders for revising the lists of a county, city, or borough, in the case of any costs. objection, shall be made before his proceeding to hear any objection stated in any other notice of objection, and such order may be delivered either to the person to whom the costs shall therein be ordered to be paid, or to some other person on his behalf: Provided always, That this section shall not be taken to repeal the last proviso contained in the forty-sixth of the Principal Act. 14. The sum ordered to be paid by way of costs shall not Costs up to £5. upon any one vote exceed the sum of five pounds, and the fortysixth section of the Principal Act shall be read as if the words "five pounds" had been substituted therein for the words "twenty shillings." This section, the opening words of which seem to point to a decrease of the amount, raises it in ordinary cases from 40s. to £5. 15. It shall be the duty of every revising barrister, whether revising the lists of a county, city, or borough, before signing any page of any list, as required by the forty-first section of the Principal Act, to read out audibly in open Court the names expunged and inserted by him therein, and all corrections and insertions made by him. Revising barrister to read out names expunged and inserted. remove persons from Court who interrupt proceedings. 16. It shall be lawful for any revising barrister, whether re- Power to vising the lists of a county, city, or borough, to order any person to be removed from his Court who shall interrupt the business of the Court, or refuse to obey his lawful orders in respect of the same; and it shall be the duty of the chief constable, commissioner, or chief officer of the police of the county, city, borough, or place in which the Court is held, to take care that an officer of police do attend that Court during its sitting, for the purpose of keeping order therein, and to carry into effect any order of the revising barrister as aforesaid. This section does not authorize an order of removal on the ground of past misconduct at a prior revision: Willis v. Maclachlan, 1 Ex. D. 376; 45 L. J. Q. B. 689; 35 L. T. 218; in this case the defendant, a revising barrister, had ordered the removal of the plaintiff on the ground of having wrongfully withheld documents, and by so doing caused a claimant to lose his vote. The plaintiff suing for false imprisonment, the defendant obtained a nonsuit on the ground that his discretion under this section could not be renewed, but the Court set the nonsuit aside. "value." 17. For the purposes of this Act the word "value" shall in Meaning of the case of an objection to any person claiming to be retained or inserted in the list as an occupying tenant mean "amount of rental." 28 Vict. c. 36. SCHEDULES TO WHICH THIS ACT REFERS. SCHEDULE (A.) [No. 1.-Precept of the clerk of the peace to the overseers. Superseded by Form No. 1 in Act of 1885.] [No. 2.-Notice of objection to parties already on register objected to by any person other than overseers and to occupying tenant. Superseded by Form No. 5 b in Act of 1885.] SCHEDULE (B.) [Form of declaration by voter as to his place of abode. Superseded by Forms 7 and M. of Act of 1885.] 29 & 30 Vict. 29 & 30 Vict. c. 54. An Act to amend the Law relating to the Qualifications of Revising Barristers. c. 54. 6 & 7 Vict. c. 18. Barrister being a commissioner under 16 & 17 Vict. c. 57 not disqualified as revising barrister. [30th July, 1866. "Whereas it is expedient to amend an Act passed in the sixth year of the reign of her present Majesty, intituled 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, so far as it relates to the qualifications of revising barristers;" BE IT ENACTED, as follows: 1. That, notwithstanding anything in the recited Act, the appointment of or the holding office by any barrister as a commissioner appointed before or after the passing of this Act, under an Act of the fifteenth and sixteenth years of the reign of her present Majesty, chapter fifty-seven, shall not disqualify such barrister for the appointment to or from holding the office of revising barrister. 30 & 31 Vict. 30 & 31 Vict. c. 102. Representation of the People Act, c. 102. Notice of rate overseers to voters. 1867. [For sections of this Act not here given, see Part I., " Qualification of Electors," ante, and Parts III., IV., V., "Electoral Areas," "Disqualification of Candidates," and "The Election," post.] 28. Where any poor rate due on the fifth day of Jauuary in in arrear to be any year from an occupier in respect of premises capable of congiven by ferring the franchise for a borough remains unpaid on the first day of June following, the overseers whose duty it may be to collect such rate shall, on or before the twentieth of the same month of June, unless such rate has previously been paid, or has been duly demanded by a demand note, to be served in like |