Act 7th and 8th William III., cap. 7, s. 4. All contracts made to procure false returns shall be void, and the parties shall be subject to a penalty of 3001.; one-third to the Queen, another third to the poor, and one-third to the informer.

Act 7th and 8th William III., cap. 7, s. 5. The clerk of the crown to enter every return and amendment in a book to be kept for that purpose. All persons shall have access to the book, which, or a copy thereof, may be given in evidence. Such clerk not entering returns in six days after receipt, making any alterations, or omitting to perform his duty, shall forfeit 5001. and lose his office.

Of amending Returns.

Returns were formerly amended by the returning officers; but, by a Resolution, April 20, 1690 (10th), Journal 377, they can only be amended by the House; for which purpose, when necessary, the clerk of the crown attends with his book, and amends it in the House, by erasing the names, or, in case of a double return, taking the void one off the file, and letting the other remain.

ELECTIONS FOR CITIES, TOWNS, BOROUGHS, AND

CINQUE PORTS.

Duty of Returning Officers on receipt of Writ or Precept previous to the Election. Act 19th George II., cap. 28, s. 7. Sheriffs of cities and towns being counties of themselves, and having a right to elect members of Parliament by virtue of a writ without any precept, used to proceed to election within three days, giving three days' notice.

Act 7th and 8th William III., cap. 25, s. 1; and 33rd George III., cap. 64, directs-returning officers of boroughs, &c., to endorse the day of the receipt of the precept.

Act 3rd and 4th Victoriæ, cap. 81, s. 1, directs that the election shall take place within eight days after receiving the writ, giving three clear days' notice. Act 5th and 6th William IV., cap. 36. The time of taking the poll in boroughs, at all contested elections in England and Wales, is limited to One day.

Act 5th and 6th William IV., cap. 78, s. 5. The time of taking the poll at all borough elections in Scotland, is limited to One day.

Act 10 and 11 Victoriæ, cap. 81. The time of taking the poll at all borough elections in Ireland, is limited to One day.

OF ELECTORS IN GENERAL.

Bribery at Elections.

Act 17 and 18 Victoria (commonly called "The Corrupt Practices Prevention Act, 1854"), cap. 102, s. 11, enacts that "Every returning officer to whom the execution of any writ or precept for electing any member or members to serve in Parliament may appertain or belong shall, in lieu of the proclamation or notice of election heretofore used, publish or cause to be published such proclamation or notice of election as is mentioned in Schedule B. to this Act."

No. 1.-Proclamation to be used in Counties.
Election of Knight, &c.

THE sheriff of the county of

of now next ensuing, proceed to the election of a knight or knights, member or members [as the case may be] for the county or division of a county [as the case may be], at which time and place all persons entitled to vote at the said election are requested to give their attendance.

And take notice, That all persons who are guilty of bribery at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in "The Corrupt Practices Prevention "Act, 1854."

And take notice, That all persons who are guilty of treating or undue influence at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in "The Corrupt "Practices Prevention Act, 1854."

Signature of the proper officer.

No. 2.-Notice of Election in Boroughs.

City or borough of

day of

IN pursuance of a writ received by me

for electing a burgess or burgesses [as the case may be, to serve in Parliament for the city or borough [as the case may be], I do hereby give notice, That I shall proceed to election accordingly on the

at

o'clock in

give their attendance.

day of

when and where all persons concerned are to

And take notice, That all persons who are guilty of bribery at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in "The Corrupt Practices Prevention Act, "1854."

And take notice, That all persons who are guilty of treating or undue influence at the said election will, on conviction of such offence, be liable to the penalties mentioned in that behalf in "The Corrupt "Practices Prevention Act, 1854."

Signature of the proper officer.

Persons disqualified.

Women; persons under twenty-one years of age; peers; Irish peers, except members of the House of Commons; aliens, unless made denizens by the Queen's letters patent, or naturalized by Act of Parliament; persons of unsound mind, such as idiots, lunatics; persons convicted of felony, bribery, perjury, or petit larceny; commissioners and officers of excise, customs, stamps, and taxes; all persons in the employ of the post office; police magistrates or police officers, and all persons in the Thames and Metropolitan police, in the counties of Hertford, Essex, Kent, Surrey, and Middlesex.

ELECTORS FOR COUNTIES,

ARE

FREEHOLDERS ;-COPYHOLDERS ;-LEASEHOLDERS ;-and OCCUPYING

TENANTS.

Qualifications.-Freeholders.

Act 10th Henry VI., cap. 2. Every man shall have a freehold, to the value of 40s. by the year, at the least, above all charges, within the same county where every such chooser will meddle of any such election.

154

Act 6 and 7 Victoriæ, cap. 18. No trustee of any lands or tenements can now vote, unless he be the cestui que trust, in the actual possession, or in the receipt of the rents and profits.

Act 2nd William IV., cap. 45. No freeholder to vote in respect of freeholds for life, unless of the clear annual value of 101.

By recent decisions, however, any person, possessed of a freehold estate, for life or lives, of the yearly value of 40s. may vote under the following circumstances:

If the estate was acquired on or before the 7th June, 1832;

Or since, if by marriage, or marriage-settlement, by devise (ie, by will), or by promotion to any benefice or office;

Or, if the freeholder is himself the actual occupier of the property. Note. If the freeholder occupy his own freehold property in a borough, of such a nature and value, as would confer upon him the right to vote for the borough, he will not be entitled, in respect of that property, to vote for the county.

Copyholders.

Any person possessed of any lands or tenements, of the clear yearly value of 10%. whether of Copyhold, or any other tenure than freehold, is entitled to vote.

Tenants in ancient demesnes may in general vote as freeholders, if they do not hold by copy of Court-roll, but otherwise, they will be entitled as copyholders. As freeholders, 40s. per annum will be sufficient;-but as copyholders, 107. a year is required.

The same period of possession previous to registration is required, in respect to copyholders, as in respect to freeholders.

Note.-Copyhold property within a borough, if of such a nature as would qualify any person to vote for the borough, will set, under any circumstances, give a right to vote for the county.

Leaseholders.

1. Any person who is entitled by virtue of a lease made or assigned to him of any lands or tenements for the unexpired residue of any term, originally created for a period of not less than sixty years, if the property is of the clear yearly value of 101. above all rents and charges.

2. Any person who is in like manner entitled to the unexpired residue of a term originally of twenty years, if the lands and tenements are d the clear yearly value of 501.

The party to whom the lease was originally made, or a party to whom such lessee may have assigned the original lease, may vote, though not in occupation of the premises.

Any sub-lessee, or assignee of an under-lease, may also vote, but only when in occupation of the premises.

Note.-Leasehold property in a borough, if of such nature and value as will give any person a vote for a borough, will not give a vote for the county.

Occupying Tenants.

Any person occupying lands or tenements for which he is liable to pas

a yearly rent of 501. is entitled to vote, if not within a borough, and not of such nature as would qualify a person to vote for the borough.

In respect of the period of previous possession required, occupying tenants are placed on the same footing as leaseholders; but it is not requisite that the occupation be of the same lands or tenements; different lands and tenements occupied in immediate succession for twelve months previous to the 31st July in each year, will give the qualification.

It is worthy especial notice that the value required is to be "above all rents and charges." Under these words are included all incumbrances affecting the property, but not any public or parliamentary taxes.

ELECTORS OF CITIES, TOWNS, BOROUGHS, AND
CINQUE PORTS.

1.-ELECTORS FOR CITIES AND BOROUGHS.

The Electors for CITIES, TOWNS, and BOROUGHS, may be divided into two classes:

1. Those who are entitled under the New Franchise.

2. Those who were entitled to vote under the former law, and whose rights have been preserved by the Reform Act.

The first class consists exclusively of,

Ten Pound Occupiers.

Any person occupying, either as Owner or Tenant, any

House,
Warehouse,
Counting-house,
Shop,

Or other building,

or any two or more of the foregoing, or any of them, together with any land occupied therewith, will be entitled to vote:

Provided the Premises are either separately, or together with the land, of the clear yearly value of 10.; and provided the party be properly registered.

Joint occupiers may vote, if the yearly value of the premises, when divided, will give to each the sum of 107.

A Landlord letting part of his house to Lodgers, and occupying part himself, both having but one outer door, will be considered as occupying the whole.

A tenant occupying part of the same house with his Landlord, but having a separate outer door, without any internal communication.

And different inmates of the same tenement (the Landlord not residing therein), having each distinct Premises, and separate doors, may vote, provided their respective premises are of the required value.

The Value of Premises is what they would be fairly worth to let. The Rent, where the occupation is as Tenant, may in general be taken as a test of value; but where, from accidental circumstances, the Rent is less than might be obtained, the Occupier will nevertheless be entitled to vote.

In order to be registered, a Voter must have complied with the following four conditions:

1. He must have occupied, Twelve Months previous to the 31st of July.

But the premises occupied during the Twelve Months need not have been the same, provided each set of premises shall have been of the yearly value of 101.

2. He must have been rated in respect of the Premises, to all the rates for the relief of the Poor, made during the previous Twelve Months.

Joint Occupiers must each be separately rated.

But when the Premises are Partnership Property, it is sufficient if the rating be in the name of the firm.

Any person not on the Rate-Book, whether he be separate or joint Occupier of Premises of a description to give a vote, may claim to be rated; and on paying or tendering all arrears (if any) then due, he will be entitled to be rated.

Should the overseer refuse to accept the money, or omit to enter the Claimant's name on the Rate-Book, the party claiming will be deemed to be rated as from the time the Rate was made on which he claimed to be inserted, and of which he tendered payment.

By Act 11 & 12 Victoria, cap. 90, (1848,) the form 3 has been thus amended:

3. After the 1st of January, 1849, no person shall be required, in

order to be on the list of voters for members of Parliament, to have paid any poor-rates or assessed taxes, except such as shall have become payable from him previously to the 5th of January, in the same year; and no person shall be entitled to be on any such list of voters, unless the poor-rates and assessed taxes payable from him previously to the 5th of January shall be paid on or before the 20th July next following".

Where the rates or taxes are paid by the Landlord in consequence of his receiving a higher amount of Rent from the Tenant, the payment may be considered as being made by the Tenant.

4. The Voter must have resided for Six Months before the 31st July, within the City or Borough, or within Seven Statute Miles of any part thereof. The distance of Seven Miles to be measured in a straight line, and where there is an Ordnance Map, to be determined by that Map.

Occasional absence, however, will not prevent a party from being considered a resident.

But if a man be absent on his business or calling, yet retain his place of abode, or leave his wife and family in the place, with an intention to return, he will be considered as residing during his absence.

The total number of persons in England and Wales, omitted from the list of Voters in 1846 for non-payment of assessed taxes, was 18,873.