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S. XXIII.

equitable interest therein, and for whose use the legal estate therein is held-and so registered.

22. Mortgage of property sufficient to confer a Mortgage by qualification, where the mortgagee is in possession or receipt of rents and profits, and so registered.

mortgagee in

possession.

Equity of redemption, where mortgagor is in possession.

S. XXXI. referring to

S. 18.

burgage tene

ment.

23. Equity of redemption in qualifying property, where the mortgagor is in possession or receipt of rents and profits, and so registered.

Those are all and each of the several qualifications of voters for counties created, left, or modified and reformed by the new law.

Qualifications for borough voters will be next considered.

SECTION 3.

Qualification for CITIES and Towns, being
CORPORATE COUNTIES.

Freehold, of whatever value heretofore, giving a title to vote in corporate counties, or burgage teneFreehold or ment, registered,—the freeholder or burgage tenant having been in possession thereof, or in the receipt of the rents and profits for his own use, for twelve calendar months next before the last day of July in the year of registration of the qualification, and not having received parochial relief or alms for the same period, [S. 36.] having resided six calendar months before that day within the city or town, or within seven miles thereof, or of any part thereof, being made necessary to registration.

Value, if for

life.

If the freehold or tenement be held for life or lives only, it must be of the annual value of

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QUALIFICATION FOR CITIES, &c. BEING COUNTIES.

101., or in occupation of tenant, or derived by
marriage, &c.

As in other cases, it is provided, that con-
tinued previous possession shall not be neces-
sary to registration, where the party derives
title by descent, &c.

19

towns still be

corporate.

The number, names, and limits of these cities Cities or
and towns are set forth and defined by the Act ing counties
for settling boundaries. By operation of Sect.
17 and Sched. G. a qualifying property in all
but six of these corporate counties-Bristol,
Exeter, Haverfordwest, Lichfield, Norwich,
Nottingham-will now give a right to vote for
members for the county in which they are
severally situate. In addition to these, the

Isle of Wight is made a county apart from
Southampton.

ment defined.

A burgage tenement, conferring a right to vote, Burgage tene has been defined at various times, and upon various occasions, to be an entire and undivided tenement within a borough, as existing before legal memory, held of the king or some superior lord at a distinct certain rent immemorially reserved, subject to a relief upon descent, and a fine upon alienation.

The interest which the tenant should have in his burgage tenement, to qualify him as a voter, is a matter altogether determinable only by reference to

the usage and custom of the place where it is situate.

cation.

To these qualifications by freehold or burgage New qualifitenement may be added the new qualification for Cities and Boroughs in the first Section of the following Chapter.

S. XXVII.

Occupation

CHAPTER IV.

QUALIFICATIONS FOR VOTING IN CITIES AND
BOROUGHS.

SECTION 1.

Borough Qualifications, entitling Persons to vote in the
Election of Members to serve in Parliament for
CITIES or BOROUGHS generally.

New Qualifications.

1. Actual OCCUPATION as owner or tenant, within

of house, &c. any city or borough, or any place contributing to a borough returning members, of any house, warehouse, counting-house, shop, or other building, (or several houses, &c. in succession,) of the clear yearly value of not less than 107.-provided he have occupied the premises for twelve calendar months beregistration. fore the last day of July in the year of registration, -that the occupier have been rated for such house, and other in- &c. in all rates made during his occupation for relief

Value.
Incidents

necessary to

Period of

occupation,

cidents.

of the poor, and have paid, on or before the 20th July in that year, all such rates and the assessed taxes due for or in respect of the same premises, up to the 6th of the preceding April,—and have resided within, or within seven miles of the place for which he claims to vote, for six calendar months before the last day of July in such year [S. 27],-and have not during that time received [S. 36] parochial relief, or other disqualifying alms,-all such conditions being made necessary to entitle him to be registered.

United occu

pation, if

2. Such occupation of any house, &c. by a person s. XXVIII. as tenant, which, together with any land held of the same landlord, in the same place, shall be of the occupied in same value, and so registered-whether the premises succession. be the same or not (subject as above.)

immediate

Joint occupa

tion.

3. Such occupation by each and every of joint oc- s. XXIX. cupiers as owners or tenants of premises of sufficient value, to give a sum of not less than 10l. to each occupier, when divided by the number of occupiers, subject to the same restrictions and conditions as No. 1. This will not exclude persons who, by agreement

between the joint occupants, are only to pay a
proportion of less than 10%., where the premises
are not of sufficient value to give 10l. to [for]
each, nor will it admit persons paying much
more, where the premises are of such value as
to give to [for] every one 107.

SECTION. 2.

Old Chartered Qualification (permanent.)

S. XXXII.

1. Freedom of a borough in respect of birth of the burgess registered, where the freeman derives from Freedom. or through persons free before 1st May, 1831,-has resided six calendar months before the last day of July in the year of his registration, within the borough or contributory places, or within seven statute miles from the place of taking the poll for such borough, (or place named in 2d column of Schedule (E. 2.),)-has paid his rates, and has not received parochial relief or alms within twelve months.

S. XXXII.

2. Freedom by servitude, subject to the above conditions.

3. Freedom otherwise acquired than by birth or servitude, before the 1st March, 1831, accompanied by residence, &c. and subject to the previous conditions.

SECTION 3.

Borough Qualification (ancient, temporary, and

personal).

S. XXXIII. By the 33d Sect. of the Statute, persons having

saved to bo

Temporary right to vote in elections for cities or boroughs not and personal qualifications in Schedule A. at the time of the passing of the Act, are excepted from its operation in respect of such rights.

rough voters.

Nature of the qualification.

This clause leaves to many persons a personal temporary title to vote in respect of their old chartered qualifications, under certain new restrictions, for life, during the existence of the qualification.

Such is each person who, on the 7th June, 1832, possessed the right of voting, provided he procure himself to be duly registered within two years; and in order to be entitled to be registered in any year, he must, on the last day of July in such year, be qualified as an elector in such manner as would entitle him then to vote if such day were the day of election and the Act had not been passed; or where his qualification shall be in any city or borough, he must have resided for six calendar months next previous to the last day of July in such year, within such city or borough, or within seven statute miles from the place where the poll for such city or bo

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