Instance.

Effect.

Or such incapacity may be the existence of some personal disability, depriving the person, who, though qualified in respect of estate or otherwise, and in all other regards entitled to be inserted in the list, and to be registered, is yet not in a condition to exercise the right of voting, which his title thereto or qualification would give him.

The effect and pressure of such an objection will be this-that, admitting the party claiming the right to vote to have been then qualified in other respects, as that he was then possessed of the requisite qualifying property, &c. it must be contended that still he ought not to be admitted to vote, inasmuch as he then (on the last day of July preceding) was incapacitated from voting for some incapacitating reason then existing and in force; as that he had been at that time convicted of perjury in a court of law, &c. &c.

It should seem that if the claimant had been then (on that day) incompetent, from any of the various causes of even temporary incompetency hereinbefore enumerated, the objection must be allowed to prevail against him, although he may have since acquired or have been restored to competency; as if he had been then a minor, but had since attained his full age; or had held an office, &c. which he had since resigned.

There may perhaps, in certain cases, be some hardship in this provision of the new law.

CHAPTER IX.

REVISAL OF LISTS OF VOTERS, APPOINTMENT AND
BUSINESS OF REVISING BARRISTER, AND THE
HOLDING OF HIS COURTS.

SECTION 1.

Revising Barristers-Objects, Course, and Business

of Revisal..

lists of voters

baristers.

To perfect the Lists of Voters for enrolment as re- REVISAL of cords at the Quarter Sessions of the peace for coun- by revising ties, they must be subjected to the scrutiny of the various revising Barristers who have been favoured with the honour of fulfilling the very arduous and hazardous duties of that important and serious appointment. This scrutiny is the business of each at SCRUTINY. his courts of revisal within the circuit of his autho

rity.

By those revising Barristers, all questions respect- To be final. ing votes are to be determined finally; all doubts to be finally solved, and all difficulties for once and all are to be decisively obviated in the first instance, by anticipation, and before election.

revisal of lists,

ment of regis

importance

They are to adjudicate between parties claiming Objects of the and parties objecting to votes: they are to supply and establish the omissions, correct the errors, and defeat the try, and the machinations, and repress the abuses in their office of functions of all the officers whose duty it is to administer to barrister. the due formation of a true and complete Register of actual legal voters in the choice of members to

of revising

Power, mode, and time of

represent the people in Parliament throughout England and Wales.

They are to preserve to the true elector the undoubted enjoyment of his legitimate franchise-to protect that franchise from invasion by the admission of spurious votes-to surround the candidate with the security of a pure constituency--and assure to the Country a duly elected representacion in the Commons House of Parliament.

These are the proposed results of the simple system of well-ordered and well-investigated registration, prosecuted with zealous honesty by wellinformed Officers, and consummated by the controlling judgment of able and experienced Barris

ters.

SECT. 2.

Power of Appointment in the Chief Justices and
Senior Judges on Circuits.

The revising Barristers are to be appointed anappointment nually by the Chief Justice of the Court of King's lists of voters. Bench for Middlesex, London, and Westminster, and the new boroughs in Middlesex, sometime in

of Revisers of

July or August; and by the senior judge for the time being on the several circuits, for all other counties and boroughs, whilst travelling the summer circuit. The appointment is to be in the discretion of the judges, in whom the power is vested, subject only to the condition that no barrister, being a member of parliament, or holding any office or place of S. LIII. profit under the crown, shall be appointed.

Power to

change names,

The Chief Justice, and other appointing judges, ply others. are given power to appoint the same barrister for

add, and sup

two or more counties and boroughs therein [S, 49]; and to change, to add to, or supply vacancies in the original appointments, as they shall see fit, or as occasion or necessity may require or demand.

The object of the Court of Revisal being the adjudication, by the revising Barrister, of the contested or challenged rights of persons enlisted as voters, or claiming so to be, the barrister, the legal person appointed to that judicial duty, is invested with considerable facilities for the performance of his duties; and the statute has amply provided that all the aid which he can be supposed to require, shall be afforded him by all parties capable of rendering him assistance or service.

Members of Parliament, and barristers holding office or place of profit under the crown, cannot be appointed. [S. 41.]

His powers and authority are made expressly commensurate with those of returning officers.

His remuneration and reimbursement are specially provided for by the 57th Section.

The appointment disqualifies the barrister for Parliament, during office and for eighteen months after his appointment (i. e. office).

SECTION 3.

Establishment of Courts, Duties and business of revising
Barristers therein as to Lists of Voters for Counties.

Sections providing for re

The sections of the statute which constitute, regulate, and provide for the Court of revisal, are as visal of lists

of voters.

follows:

First act of duty.

Courts for the

The appointment, change, and adding to number of revising barristers for counties, and their duties, and the assignment of their business, are provided for by the 41st, 42d, 43d, and 53d Sections.

Those which relate to the revisal of the lists for cities and boroughs are the 49th, the 53d, the 50th, the 51st, and 52d. These Sections direct and authorize the appointment to the office, confer and declare its authority and powers, prescribe its duties and business, and dictate and describe much of their nature, execution, and performance, by the barrister appointed to it.

Other Sections also mention incidentally some of the minor business of the revisor's duty.

The revising barrister having been duly appointed, which is merely by nomination, without other formality of appointment, his first duty is to announce his public sittings for the business of revising the lists made within his district.

For that purpose he is required by the 41st Section to give notice of the holding (that is, of the times and places of his circuit, and of holding) his several courts, which must be on certain days between the 15th of September and the 25th of October* in each year.

Preparatory to the business of the revising barvisal of lists rister appointed for counties, and parts of counties,

business of re

of voters for counties.

he is required to give public notice, as well by advertisement in some of the newspapers circulating within

* In this first year of the operation of the Act, the time is changed by order of the King in Council, to the same day in the following months.