capacity, for the purpose of such elec- 12. Justice, receiver, or person belonging to the Justices, re ceivers, or police force, appointed by virtue of that persons be ⚫ longing to poAct, during the time he shall continue lice force. in such office, or within six months after ceiver, sur veyor or con stable of new police. 13. Justice, receiver, surveyor, or constable, ap- Justices, repointed by that Act (at one of the eight metropolitan offices) during the time he shall continue in his office, or within six months after he shall have quitted the same, rendered incapable of voting for Middlesex, Surrey, Westminster, or South S. 24. S. 25. S. 18. 37 Prov. wark; subject to a penalty of 1007. 10 G. 4, c. 44. SECTION 2. Objections from other incidental Causes denying to Parties the Right to REGISTRATION for COUNTIES only. 1. The qualifying property being a house, &c. in a city or borough, capable of conferring a vote for the city or borough. 2. Having a tenant in occupation of the property in respect of which the qualification is set up, if it be of copyhold or other tenure than freehold, and be situate in a city or borough, and be of such value as would entitle the tenant to vote for such city or borough. 3. Non-residence for the whole time before registration, where any such residing is made necessary to the right to be registered. 4. Omitting to give notice of claim, or non-payment thereupon of the required shilling. SECTION 3. Objections on Incompetency TO VOTE for COUNTIES from incidental Causes, where Party is already registered. 1. House, &c. in city or borough. 2. That the qualification is not the same as that in respect of which the party is already registered. 3. That the party no longer resides at the place of abode where he is described as living in a former register. In both the above cases the party, although registered, must make fresh claim, and become registered anew, SECTION 4. Objections of personal Incompetency to vote for Cities and Boroughs for want of Right to Registration. 1. Not being rated to the poor or church, or nonpayment of rates due, in places where the old borough and city qualifications have effect. Where the new qualification is the foundation of the right claimed, non-payment before the 6th of April, of all poor's rates and assessed taxes due, is also an incompetency. Rates to be due must be demanded; the King's taxes are due when demandable, as due by virtue of the prerogative priority which protects the revenue duties, and these being imposed by act of parliament, and being a public impost, must be taken to be known to the party as to amount of sum and time of payment. 2. Non-residence for the whole time required by the statute. 3. Receipt of parish relief or other disqualifying alms. This is a disability for twelve months after the receipt only. SECTION 5. Objections to Voting distinguished from Objections to being registered. The proof required in support of claims "to be E S. 27. S. 32. S.36. S.XXXVIII. claim of right to vote, by overseers. entitled to vote," [S. 37,] is, "that the party claiming (for shires) is (according to his notice) entitled to have his name inserted in the list of voters, [S. 38]. The ground of objection to be made by the Overseers to parties claiming to vote for Counties is, that the party claiming insertion on the List is not entitled to VOTE, and it is to be made by marginal note against his name, after having been first inserted in the list. The ground of objection to be taken to voters for Counties, by other persons entitled to object by reason of being on the register, or of having claimed to be inserted in the list of voters for a specific SHIRE, is, that the party objected to was not, on the last day of the preceding July, entitled to have his name inserted in any list for the same County. The ground of objection to be taken by persons entitled to object to any other person having his name inserted in the same list with his own, for any City or Borough, by reason of the objector having been inserted in any list of voters for the same City or Borough, is precisely the same as in the case of Shires. The form of objection, in both cases, is to RETAINER of the Name on the List. The course of supporting objections will therefore be by stages. The first question raised before the revising barrister will be, whether the party objected to by the overseers is entitled to vote. That question will in all such cases be resolved into another, and the inquiry to be prosecuted will be in effect whether the objected party is entitled to be registered. If he is, his name must be retained; if not, it must be struck out or expunged. question as The first point on the other hand to be deter- Preliminary mined, in the matter of objection by third persons, to right to will be, whether the objector himself have claimed object. to be inserted in the list, if it be a county case; or whether he be actually on the list, if it be a city or borough case. qualification The second will be, whether the person objected Question of to was, on the last day of the preceding July, enti- on last day tled to be inserted in the list. of July. claimant. The affirmative of that position is first to be Onus on made out on the part of the claimant by positive proof of the necessary title to be enlisted, that is, a qualification on the last day of July. case. If that be proved, the claimant stands rightly in Primâ facie court on a prima facie case; if not, he is at once put out of court. tency. The right being shown, if it cannot be disproved To be rebutted by proof by adverse testimony, it becomes the business of of incompethe objecting party to make out a case of incapacity [or incompetency] to vote at that time, (i. e. on the last day of July,) by law or statute. Such incapacity will be either some or one of the Incapacities. negative disabilities to vote in the election of members to serve in parliament, in consequence of some or one of the requisitions made necessary to registration being wanting, as if any of the preliminary or precedent conditions have not been complied with, which will extinguish, either for the time or for ever, the right in respect of the particular qualification. |