2 W. 4, c. 45. list as voters in the election of a knight or knights of the shire to serve for the county, or for the riding, parts, or division of the county wherein such parish or township lies, in respect of any lands or tenements situate wholly or in part within such parish or township; [See COMMENTARY, p. 26, 31.] Lists of persons and that the said overseers shall, on or before the hereafterzister 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 such last-mentioned list as such voters: [See COMMENTARY, p. 26.] and in every list so to be made 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 entitled to vote in the election of a knight or knights of the shire for the county, or for the riding, parts, or division of the county in which their parish or township is situate, 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 situation within the same respectively, on the two Sundays next after such list shall have been made:* and the said overseers shall likewise keep a true *So in boroughs, p. 33. copy of such list, to be perused by any person, with- 2 W. 4, c. 45. out payment of any fee, at all reasonable hours during the two first weeks after such list shall have been made: [See COMMENTARY, p. 32.] having no Provided always, that every precinct or place, Provision as whether extra-parochial or otherwise, which shall to places have no overseers of the poor, shall, for the purpose overseers. 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 riding, 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 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 respective parish or township the names of all persons who shall claim as aforesaid to be inserted therein as voters in the election of a knight or knights of the shire to serve for the county, or for the riding, parts, or division of the county in which such precinct or place as aforesaid lies, in respect of any lands or tenements situate wholly or in part within such precinct or place. [See COMMENTARY, p. 34, 46.] objection by entitled to be retained in the county lists. XXXIX. That every person who shall be upon the Notice of Register for the time being of voters for any county, third parties or for any riding, parts or division of a county, or to persons not who shall have claimed to be inserted in any list for the then current year of voters for any county, or any riding, parts or division of a county, may object to any person as not having been entitled on the last be on the regis day of July then next preceding to have his name have given inserted in any list of voters for such county, riding, parts or division so to be made out as aforesaid: [See COMMENTARY, p. 58 to 65.] and every person so objecting (save and except overseers objecting in the manner hereinbefore mentioned) shall, on or before the twenty-fifth day of August in the present and in every succeeding year, give or cause to be given a notice in writing accord Objectors must ter, or must notice of claim. Persons object must do soon before 25th ing to voters Notice, &c. to overseers, and Form. 2 W. 4, c. 45. ing 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 of the son so objected to shall have been inserted: [See COMMENTARY, p. 59.] Notice to parties, and Form. Lists of persons objected to by third published, &c. per and the person so objecting shall also, on or before the twenty-fifth day of August in the present and in every succeeding year, give to the person objected to, or leave at his place of abode as described in such list, or personally 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: [See COMMENTARY, p. 59, 69.] and the overseers shall include the names of all persons so objected to in a list according to the Form parties to be numbered 6 in the said Schedule (H.), and shall cause copies of such list 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 in some public and conspicuous situation within the same respectively, on the two Sundays next preceding the fifteenth day of September in the present and in every succeeding year: [See COMMENTARY, p. 33, 61.] Copies to be and the overseers shall likewise keep a copy of kept for public the names of all the persons so objected to, to be perused by any person, without payment of any fee, inspection. Lists of county voters to be forwarded to the clerks of the peace through the high constable. at all reasonable hours during the ten days next preceding the said fifteenth day of September in the present and in every succeeding year. [See CoмMENTARY, p. 32.] XL. That on the twenty-ninth day of August in the and in every succeeding year, present 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 parish or township is situate: [See COMMENTARY, p. 33.] and such high constable or high constables shall 2 W. 4, c. 45. forthwith deliver all such lists, together with such High constatements as aforesaid, to the clerk of the peace of stables to dethe county, riding, or parts: [See COMMENTARY, 33.] liver them. revisal. who shall forthwith make out an abstract of the Abstract of number of persons objected to by the overseers and objections for by other persons in each parish and 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. [See COMMENTARY, p. 32, 82.] barristers, revise the XLI. That the Lord Chief Justice of the Court Judges of of King's Bench for the time being shall, in the month assize to name of July or August, in the present and in every suc- who shall ceeding year, nominate and appoint for Middlesex, lists of county and the senior judge for the time being in the commis- voters. sion of assize for every other county shall, when travelling the Summer circuit, in the present and in every succeeding year, 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: [See CoMMENTARY, p. 78.] barristers. Notice to be and such barrister or barristers so appointed as Duties of such aforesaid shall give public notice, as well by advertisement in some of the newspapers circulating given of his within the county, riding, parts, or division, as also by a notice to be fixed in some public and conspicuous situation at the principal place of election for the county, riding, parts, or division, (such lastmentioned notice 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 pur- Period for pose, such times being between the fifteenth day of September inclusive and the twenty-fifth day of October inclusive in the present and in every suc revision. XXX ATTENDANCE ON COURT OF REVISAL BY OFFICERS. 2 W. 4, c. 45. ceeding year, and he or they shall hold open courts for that purpose at the times and places so to be announced; See COMMENTARY, p. 80.] If two barristers for one separate courts. and where two or more barristers shall be applace, to hold pointed 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: [See COMMENTARY, p. 81.] No such bar rister eligible for that place for 18 months. to parliament parliament, or the crown, to be appointed. No member of Provided always, that no member of Parliament, barrister hold nor any person holding any office or place of profit ing office under under the crown, shall be appointed such barrister, and that no barrister so appointed as aforesaid shall appointed eli- be eligible to serve in Parliament for eighteen months gible to serve from the time of such his appointment* for the County, riding, parts, or division for which he shall be so appointed: [See COMMENTARY, p. 78, 103.] No barrister so in parliament till 18 months after appoint. ment. Clerk of the peace and overseers to who shall re XLII. That the clerk of the peace shall, at the opening of the first court to be held by every such attend before barrister for any county, or for any riding, parts, or the barristers, division of a county, produce or cause to be produced tain on the before him, the several lists of voters for such county, all names not riding, parts, or division, which shall have been deobjected to, livered to such clerk of the peace by the high conpunge those stables as aforesaid: [COMMENTARY, p. 80.] county lists and shall ex whose qualification, if objected to, shall not be proved. Overseers to and answer questions on oath. 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 lists relating attend court, to such parish or township respectively, and shall also deliver to such barrister a copy of the list of the persons objected to, so made out by them as aforesaid; and the said overseers 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; [COMMENTARY, p. 80.] and every such barrister shall retain on the lists of voters the names of all persons to whom no objection shall have been made by the overseers, or by Names to be retained. The word appointment here means office, as it may be, and is often used in that sense. + p. xxviii. s. 39. |