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REGISTRATION
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REGISTRATION . In all systems of See also:law the registration of certain legal facts has been regarded as necessary, chiefly for the purpose of ensuring publicity attd simplifying See also:evidence. Registers, when made in performance of a public See also:duty, are as a See also:general See also:rule admissible in evidence merely on the See also:production from the proper custody of the registers themselves or (in most cases) of examined or certified copies. The extent to which registration is carried varies very much in different countries. For obvious reasons, judicial decisions are registered in all countries alike. In other matters no general rule can be laid down, except perhaps that on the whole registration is not as fully enforced in the See also:United See also:Kingdom and the United States as in See also:continental states. The most important uses of registration occur in the See also:case of judicial proceedings, See also:land, See also:ships, bills of See also:sale, births, marriages and deaths, companies, friendly and other See also:societies, See also:newspapers, copyrights, See also:patents, designs, See also:trade marks and professions and occupations. In See also:England registrars are attached to the privy See also:council, the Supreme See also:Court and the See also:county courts. In the See also: In the See also:admiralty division cases of See also:account are usually referred to the registrar and merchants. The registration in the central See also:office of the supreme court of judgments affecting lands, writs of See also:execution, recognizances and lites pendentes in England, and the registration in See also:Scotland of abbreviates of adjudications and of inhibitions, are governed by See also:special legislation. All these are among the incumbrances for which See also:search is made on investigating a See also:title. Decisions of criminal courts are said to be recorded, not registered, except in the case of courts of See also:summary jurisdiction, in which, by the Summary Jurisdiction Act 1879, a See also:register of convictions is kept. Probates of See also:wills and letters of See also:administration, which are really judicial decisions, are registered in the See also:principal or district registries of the See also:probate division. In Scotland registration is used for giving a summary remedy on obligations without See also:action by means of the fiction of a judicial decision having been given establishing the See also:obligation.
See also the See also:separate articles LAND REGISTRATION; See also:SHIPPING; See also:BILL OF SALE; COMPANIES; FRIENDLY SOCIETIES; See also:BUILDING SOCIETIES; See also:PRESS See also:LAWS; See also:COPYRIGHT; TRADE MARKS; PATENTS, &C.
Registration of Voters.—See also:Prior to 1832 the right of See also:parliamentary See also:electors in England was determined at the moment of the See also:tender of the See also:vote at the See also:election, or, in the event of a petition against the return, by a See also:scrutiny, a See also:committee of the See also:House of See also:Commons striking off those whose qualification was held to be insufficient, and, on the other See also:hand, adding those who, having tendered their votes at the See also:poll, with a See also:good title to do so, were rejected at the See also:time. A conspicuous feature of the Reform Act of that See also:year was the introduction of a new mode of ascertaining the rights of electors by means of an entirely new See also:system of published lists, subject to claims and objections, and after due inquiry and revision forming a register of voters. Registration was not altogether unknown in See also:Great See also:Britain in connexion with the parliamentary See also:franchise before the Reform Acts of 1832. Thus in the Scottish counties the right to vote depended on the voter's name being upon the See also:roll of freeholders established by an act of See also: This necessarily took time, and the result was that a contested election in a large See also:constituency might last for See also:weeks. The celebrated See also:Westminster election of 1784, in which the poll began on the 1st of See also:April and ended on the 17th of May, may be mentioned as an See also:illustration. More-over, the decision of the returning officer was not conclusive; the title of every one who claimed to vote was liable to be reconsidered on an election petition, or, in the case of a rejected vote, in an action for See also:damages by the voter against the returning officer. The inconvenience of such a See also:state of things would have been greatly aggravated had the old practice continued after tha enlargement of the franchise in 1832. The See also:establishment of a general system of registration was therefore a necessary and important See also:part of the reform then effected. It has enabled an election in the most populous constituency to be completed in a single See also:day. It has also been instrumental in the extinction 1 The antiquity of registration of this See also:kind is proved by the See also:age of the Registrum Brevium, or register of writs, called by See also:Lord See also:Coke " a most See also:ancient See also:book of the See also:Common Law " (Coke upon See also:Littleton, 159a). of the " occasional voter," who formerly gave so much trouble to returning See also:officers and election committees—the See also:person, namely, who acquired a qualifying See also:tenement with the view of using it for a particular election and then disposing of it. The See also:period of qualification now required in all cases, being fixed with reference to the formation of the register, is necessarily so See also:long anterior to any election which it could effect, that the purpose or intention of the voter in acquiring the qualifying tenement has ceased to be material, and is not inves- tigated. England.—The reform of parliamentary See also:representation in 1832 was followed in 1835 by that of the constitution of municipal corporations, which included the creation of a See also:uniform qualification (now known as the old See also:burgess qualification) for the municipal franchise. In 1888 the municipal franchise was enlarged, and was at the same time extended to the whole See also:country for the formation of constituencies to elect county See also:councils; and in 1894 parochial electors were called into existence for the election of See also:parish councils and for other purposes. Inasmuch as See also:provision was made for the registering of persons entitled to votes for the above purposes, there are now three registers of voters, namely, the parliamentary register, the See also:local See also:government register (i.e. in boroughs under the Municipal See also:Corporation Acts, the burgess rolls, and elsewhere the county registers) and the register of parochial electors. Under the Municipal Corporations Act 1835 the registration of burgesses, though on similar lines to that of parliamentary voters, was entirely separate from it. Since, however, the qualification for the municipal franchise covered to a great extent the same ground as that for the parliamentary franchise in boroughs which sent members to See also:parliament, a considerable number of voters in such boroughs were entitled in respect of the same tenement to be upon both parliamentary register and burgess roll. The See also:waste of labour involved in settling their rights twice over was put an end to in 1878, when the system of parliamentary registration was extended to the boroughs in question for municipal purposes, and the lists were directed to be made out in such a shape that the portion common to the two registers could be detached and combined with the portion See also:peculiar to each, so as to See also:form the parliamentary register and the burgess roll respectively. This system of registration was extended to the non-parliamentary boroughs and to the whole country in 1888, the separate municipal registration being completely abolished. The See also:procedure of parliamentary registration is to be found in its See also:main lines in the Parliamentary Registration Act 1843, which per. superseded that provided by the Reform Act of 1832, rectum. and has itself been considerably amended by later legis- lation. The acts applying and adapting the system to local government and parochial registration are the Parliamentary and Municipal Registration Act 1878, the County Electors Act 1888, and the Local Government Act 1894. Registration is carried out by local machinery, the common-law parish being taken as the registration unit; and the See also:work of preparing and See also:publishing the lists, which when revised are to form the register, is committed to the overseers. The selection of these officers was no doubt due to their position as the rating authority, and to their consequent opportunities for knowing the ownership and occupation of tenements within their parish. They do not always perform the duties themselves, other persons being empowered to act for them in many parishes by general or local acts of parliament; but in all or almost all cases they are entitled to act personally if they think See also:fit, they sign the lists, and the proceedings are conducted in their name. In See also:order to render intelligible the following summary of the procedure, it will be necessary to See also:divide the voters to be registered into classes based on the nature of their qualification, since the practice differs in regard to each class. The classes are as follows: (I) Owners, including the old See also:forty-See also:shilling freeholders, and the copyholders, long leaseholders and others entitled under the Reform Act of 1832 to vote at parliamentary elections for counties; (2) occupiers, including those entitled to (a) the £10 occupation qualification, (b) the See also:household qualification and (c) the old burgess qualification; (3) lodgers, subdivided into (a) old, i.e. those on the previous register for the same lodgings, and (b) new; (4) those entitled to reserved rights, i.e. in addition to those (if any still remain) who were entitled to votes before the Reform Act of 1832 in respect of qualifications abolished by that act, (a) free-hold and See also:burgage tenants in See also:Bristol, See also:Exeter, See also:Norwich, and Notting-See also:ham, and (b) liverymen of the See also:City of See also:London and freemen of certain old cities and boroughs, whose right to the parliamentary franchise was permanently retained by the same act. In regard to these classes it may be said that the general See also:scheme is that owners must make a claim in the first instance before they can get their names upon the register, but that, once entered on the register, the names will be retained from year to year until removed by the revising See also:barrister; that the lists of occupiers and of See also:freehold and burgage tenants are made out afresh every year by the over-seers from their own See also:information and inquiries, without any act being required on the part of the voters, who need only make claims in case their names are omitted; that lodgers must make claims every year; and that liverymen and freemen are in the same position as occupiers, except that the lists of liverymen are made out by the clerks of the several companies, and those of freemen by the See also:town clerks, the overseers having nothing to do with these voters, whose qualifications are See also:personal and not locally connected with any parish. The overseers and other officers concerned are required to perform their duties in connexion with registration in accordance with the instructions and precepts, and to use the notices and forms pre-scribed by Order in Council from time to time. The Registration Order, 1895, directs the clerk of every county council, on or within seven days before the 15th of April in every year, to send to the overseers of each parish in his county a See also:precept with regard to the registration of ownership electors, and to every parish not within a parliamentary or municipal See also:borough a precept with regard to the registration of occupation electors (which expression for this purpose includes lodgers as well as occupiers proper). The town clerk of every borough, municipal or parliamentary, is to send to the overseers of every parish in his borough a precept with regard to the registration of occupation electors. These precepts are set out in the Registration Order, and those issued by the town clerks differ according as the borough is parliamentary only, or municipal only, or both parliamentary and municipal; in the cases of Bristol, Exeter, Norwich and See also:Nottingham they contain directions as to freehold and burgage tenants. The duties of the over-seers in regard to registration are set out in detail in the precepts. Along with the precepts are forwarded forms of the various lists and notices required to be used, and with the ownership precept a certain number of copies of that portion of the parliamentary register of the county at the time in force which contains the ownership voters for the parish, the register being so printed that the portion See also:relating to each parish can be detached. It is the duty of the overseers to publish on the 2oth'of See also:June, in manner hereinafter described, the portion of the register so received, together with a See also:notice to owners not already registered to send in claims by the loth of See also:July. Mean-while the overseers are making the inquiries necessary for the preparation of the occupier See also:list. For this purpose they may require returns to be furnished by owners of houses let out in separate tenements, and by employers who have servants entitled to the service franchise. The registrars of births, deaths and marriages are required to furnish the overseers with returns of deaths, as must the assessed tax collectors with returns of defaulters; the relieving officers are to give information as to recipients of parochial See also:relief. On or before the 31st of July the overseers are to make out and sign the lists of voters. These are the following: the list of ownership electors, consisting of the portion of the register previously published with a supplemental list of those who have sent in claims by the 2oth of July; the occupier list; and the old lodger list, the last being formed from claims sent in by the 25th of July. The overseers do not select the names in the first and last of these lists; they take them as supplied in the register and claims. It is, however, their duty to write " dead " or " objected " in the margin against the names of persons whom they have See also:reason to believe to be dead or not entitled to vote in respect of the qualification described. The ownership and old lodger lists will be divided into two parts, if the register contains names of owners entitled to a parochial vote only, or if claims by owners or old lodgers have been made limited to that franchise. The occupier list contains the names of persons whom the overseers believe to be qualified, and no others, and therefore will be free from marginal objections. Except in the administrative county of London, it is made out in three divisions—division 1 giving the names of occupiers of See also:property qualifying for both parliamentary and local government votes, divisions 2 and 3 those of occupiers of property qualifying only for parliamentary and only for local government votes respectively. It happens so frequently that a tenement, if not of sufficient value to qualify for the £10 occupation franchise (parliamentary and local government), qualifies both for the household franchise (parliamentary) and for the old burgess franchise (local government), that division 1 would in most cases be the whole list, but for two circumstances. The service franchise is a special modification of the household franchise only; and the service occupants, being therefore restricted to the parliamentary vote, form the bulk of division 2; while peers and See also:women, being excluded from the parliamentary vote, are consequently relegated to division 3. In the administrative county of London the local government register, being coextensive with the register of parochial electors, includes the whole of the parliamentary register. The occupier lists are consequently there made out in two divisions only, the names which would elsewhere appear in division 2 being placed in division 1. The lists of freehold and burgage tenants in Bristol, Exeter, Norwich and Nottingham are to be made out and signed by the same date. The overseers have also to make out and sign a list of persons qualified as occupiers to be elected aldermen or councillors, but as non-residents disqualified from being on the local government register. By the same date also the clerks of the See also:livery companies are to make out, sign and deliver to the secondary (who performs in the City of London the registration duties which elsewhere fall on the town clerk) the lists of liverymen entitled as such to the parliamentary vote; and the town clerks are to make out and sign the lists of freemen so entitled in towns where this franchise exists. On the 1st of See also:August all the above lists are to be published, the livery lists by the secondary, lists of freemen by the town clerks and the See also:rest by the overseers. In addition the overseers may have to publish a list of persons disqualified by having been found guilty of corrupt or illegal practices; this list they will receive, when it exists, from the clerk of the county council or town clerk with the precept. Publication of lists and notices by overseers is made by affixing copies on the doors of the See also: The declarations must be delivered to the clerk of the county council or town clerk on or before the 5th of See also:September. The next See also:stage is the revision of the lists. For this purpose revising barristers are appointed yearly. The period within which revision courts can be held is from the 8th of September Revising bards- to the 12th of See also:October, both days inclusive. The clerk of ter s. county council attends the first court held for each parliamentary division of his county, and the town clerk the first court held for his city or borough; and they respectively produce all lists, notices and declarations in their custody, and See also:answer any questions put to them by the revising barrister. The overseers also attend the courts held for their parish, produce the See also:rate books, See also:original notices of claim and objection, &c., and answer questions. The claimants, objectors and persons objected to appear personally or by representative to support their several contentions. Any person qualified to be an objector may also appear to oppose any claims, upon giving notice to the barrister before such claims are reached. The See also:powers of the revising barristers are as follows: As regards persons whose names are on the lists of voters published on the 1st of August, he is to expunge the names, whether objected to or not, of those who are dead or subject to personal in-capacity, such as infants and aliens, and fer parliamentary purposes peers and women. If an entry is imperfect, the name must be removed, unless the particulars necessary for completing it are supplied to the barrister. All names marginally objected to by over-seers must be expunged, unless the voters prove to the barrister that they ought to be retained. Objections made by other objectors must be supported by prima facie See also:proof, and if this is not rebutted the name is struck out. Claimants must be ready to support their claims. The declaration attached to a lodger claim is indeed primafacie proof of the facts stated in it, but other claimants require evidence to make out even a prima facie case, and if they fail to produce it their claims will be disallowed. The barrister is required to correct errors in the lists of voters, and has a discretion to rectify mistakes in claims and objections upon evidence produced to him, although his See also:power in this respect is limited. Lastly, the barrister has to deal with duplicates, as a voter is entitled to be on the register once, but not more than once, as a parliamentary voter for each parliamentary county or borough, as a burgess for each municipal borough, as a county elector for each electoral division, and as a parochial elector for each parish in which he holds a qualification. Consequently, he deals with duplicate entries by expunging or transferring them to separate parochial lists. The decision of the revising barrister is final and conclusive on all questions of fact; but an See also:appeal lies from him on questions of law at the instance of any person aggrieved by the removal of his name from a list of voters, by the rejection of his claim or objection or by the See also:allowance of a claim which he has opposed. Notice of the intention to appeal must be given to the barrister in See also:writing on the day when his decision is given. The barrister may refuse to state a case for appeal; but if he does so without due cause he may be ordered by the High Court to state a case. The appeal is heard by a divisional court, from whose decision an appeal lies (by leave either of the divisional court or of the court of appeal) to the court of appeal, whose decision is final. On the completion of the revision the barrister hands the county and borough lists (every See also:page signed and every alteration initialled by him) to the clerk of the county council and the town clerk respectively, to be printed. With the following exceptions the revised lists are to be made up and printed by the loth of See also:December, and come into force as the register for all purposes on the 1st of See also:January. In the boroughs created by the London Government Act 1899, the whole register is to be made up and printed by the loth of October, and to come into force for the purpose of borough elections under the act on the 1st of See also:November. In boroughs subject to the Municipal Corporations Acts, divisions I and 3 of the occupiers' list are to be made up and printed by the loth of October, and come into force for the purpose of municipal and county council elections on the 1st of November. Corrections ordered in consequence of a successful appeal from a revising barrister are to be made by the officers having the custody of the registers, but a pending appeal does not affect any right of voting. The register in its final form will consist of the lists published on the 1st of August as corrected, with the claims which have been allowed on revision incorporated with them. It is printed in such form that each list and each division of a list for every parish can be separated from the rest for the purpose of making up the parliamentary, local government and parochial registers respectively. The alphabetical order is followed, except in London and some other large towns, where See also:street order is adopted for all except the ownership lists and lists of liverymen and freemen. The parliamentary register for a parliamentary county will consist of the ownership lists for all parishes in the county, and of the lodger lists and divisions i and 2 of the occupier lists for parishes within the county and not within a parliamentary borough. The parliamentary register for a parliamentary borough will consist of the lodger lists, of the lists of freehold and burgage tenants (if any), and of divisions I and 2 of the occupier lists for all parishes within the borough, and also of the borough lists (if any) of liverymen or freemen. The local government register for an administrative county will consist of divisions and 3 of the occupier lists for all parishes in the county, and the burgess roll for a municipal borough of divisions I and 3 of the occupier lists for all parishes in the borough. It will be seen, therefore, that, except in county boroughs, the burgess roll is also a part of the local government register of the administrative county within which the borough is situate. The register of parochial electors consists of the See also:complete set of lists for each parish; but this does not include the lists of liverymen and freemen, which, as has been stated, are not parish lists. No one whose name is not on the register can vote at an election. The fact that a See also:man's name is on the register is now so far conclusive of his right that the returning officer is See also:bound to receive his vote. Only two questions may be asked of him when he tenders his vote, namely, whether he is the person whose name is on the register, and whether he has voted before at the election. The Reform Act 1832 allowed him to be asked at parliamentary elections whether he retained the qualification for which he had been registered; but the Registration Act 1843 disallowed the question, and made the register conclusive as to the retention of the qualification. When, however, a petition is presented against an election, the register, although conclusive as to the retention of the qualification, does not prevent the court from inquiring into the existence of personal incapacities, arising in connexion with the election or otherwise, and striking off on scrutiny the votes of persons subject thereto, e.g. aliens, infants, or in parliamentary elections peers, &c. The City of London is not within the Municipal Corporations Acts, and is not subject to the general registration law in the formation of its roll of citizens for municipal purposes. But a register of parliamentary, county and parochial electors is made in the See also:ordinary way.- The universities are also exempt from the general law of registration. At Oxford and Cambridge the members of Convocation and the Senate respectively have always formed the parliamentary constituencies; and, as has been already stated, the registers of those members were before 1832, and still are, the parliamentary registers. Similarly, the Reform Act of 1867, which gave parliamentary representation to the university of London, simply enacted that the register of graduates constituting the Convocation should be the parliamentary register of that See also:body. Scotland.—In Scotland the qualifications for local government and parish electors are the same as those for parliamentary voters, the only difference in the registers being in respect of personal incapacities for the parliamentary franchise, incapacity for the other franchises by reason of non-See also:payment of rates, and duplicates. The principal act regulating registration in burghs is 19 & 20 Vict. c. 58, amended in some particulars as to See also:dates by 31 & 32 Vict. c. 48, § 20. County registration, formerly regulated by 24 & 25 Vict. c. 83, has been assimilated to See also:burgh registration by 48 & 49 Vict. c. 3, § 8 (6). The procedure consists, as in England, of the making and publication of lists of voters, the making of claims and objections and the holding of revision courts; but there are important See also:differences of detail. Though the parish is the registration unit, parochial machinery is not used for the formation of the register. The parliamentary lists for a county are made up yearly by one or more of the assessors of the county, and those for a burgh by one or more of the assessors for the burgh, or by the clerk of the commissioners. They are published on the 15th of September; and claims and objections must be sent in by the 21st and are published on the 25th of the same See also:month. Publication is made in burghs by posting on or near the town hall, or in some other conspicuous place, in counties by posting the part relating to each parish on the parish church See also:door, and in both cases giving notice by newspaper See also:advertisement of a place where the lists may be perused. The revision is conducted by the See also:sheriff, the time within which his courts may be held being from the 25th of September to the 16th of October, both days inclusive. An appeal lies to three lodges of the Court of Session, one taken from each division of the nner House, and one from the Lords Ordinary of the See also:Outer House. The revised lists are delivered in counties to the sheriff clerk, in burghs to the town clerk, or person to whom the registration duties of town clerk are assigned. The register comes into force for all purposes on the 1st of November. The municipal register of a royal burgh which is coextensive, or of that part of a royal burgh which is coextensive with a parliamentary burgh, consists of the parliamentary register with a supple-See also:mental list of women who but for their See also:sex would be qualified for the parliamentary vote. The municipal register for a burgh, or for that part of one which is not within a parliamentary burgh, consists of persons possessed of qualifications within the burgh which, if within a parliamentary burgh, would entitle them, or but for their sex would entitle them, to the parliamentary vote. The register of county electors consists of the parliamentary register for a county with the supplemental list hereafter mentioned; but inasmuch as exemption from or failure to pay the consolidated county rate is a disqualification for the county electors' franchise, the names of persons so disqualified are to be marked with a distinctive See also:mark on the register; as are also the names of persons whose qualifications are situated within a burgh, such marks indicating that the persons to whose names they are attached are not entitled to vote as county electors. Every third year, in preparation for the triennial elections of county and parish councils (casual vacancies being filled up by co-optation), a supplemental list is to be made of peers and women possessed of qualifications which but for their See also:rank and sex would entitle them to parliamentary votes. The register of county electors in a county and the municipal register in a burgh form the registers of parish electors for the parishes comprised in each respectively. Inasmuch, how-ever, as a man is entitled to be registered as a parish elector in every parish where he is qualified, duplicate entries are, when required, to be made in the register, with distinctive marks to all but one, to indicate that they confer the parish vote only. These distinctive marks and those previously mentioned are to be made in the lists by the assessors, subject to revision by the sheriff. The register is conclusive to the same extent as in England, except that the vote of a parish elector who is one year in arrear in payment of a parish rate is not to be received. The clerk of the parish council is to furnish the returning officer one See also:week before an election with the names of persons so in arrear; and the returning officer is to reject their votes except upon the production of a written See also:receipt. Provision is made by 31 & 32 Vict. C. 48, §§ 27-41, for the formation of registers of parliamentary electors for the universities. The register for each university is to be made annually by the university registrar, with the assistance of two members of the council, from whose decisions an appeal lies to the university court. Ireland.—There are no parish councils in Ireland, and no parochial electors. There are therefore but two registers of voters, the parliamentary and the local government registers, the latter of which consists of the former with a local government supplementcontaining the names of those excluded from the parliamentary register by reason of their being peers or women, and duplicate entries relating to those whose names are registered elsewhere for the same parliamentary constituency. The principal acts regulating registration are 13 & 14 Vict. C. 69, 31 & 32 Vict. C. 112, 48 & 49 Vict. C. 17, and 61 & 62 Vict. c. 2. The lord See also:lieutenant is empowered to make by Order in Council rules for registration, and to prescribe forms; and under this power has made the Registration (Ireland) Rules 1899, now in force. The registration unit is not the parish, but the district electoral division, except where such division is subdivided into wards, or is partly within and partly without any town or See also: The procedure is as follows, subject to variation in cases where there are clerks of unions who held office on the 31st of See also: Publication of lists and notices by a clerk of the peace is made by posting copies of those relating to each registration unit outside every court-house, See also:petty sessions court, and other public offices in the unit; publication by a town clerk is made by posting copies outside the town hall, or, if there be none, in some public and conspicuous place in the borough. Revising banisters are specially appointed for the county and city of See also:Dublin by the lord lieutenant ; elsewhere the county court See also:judges and chairmen of See also:quarter sessions act as such ex officio, assisted, when necessary, by additional barristers appointed by the lord lieutenant. The time for the holding of revision courts is from the 8th of September to the 25th of October inclusive. An appeal lies to the court of appeal, whose decision is final. The revised lists are handed to the clerk of the peace; they are to be made up by him by the 31st of December, and come into force on the 1st of January. The registrar of the university of Dublin is to make out in December a list of the persons entitled to the parliamentary vote for the university, and to See also:print the same in January, and to publish a copy in the university See also:calendar, or in one or more public See also:journals circulating in Ireland. He is to revise the list annually, and expunge the names of those dead or disqualified; but an 'elector whose name has been expunged because he was supposed to be dead is entitled, if alive, to have his name immediately restored and to vote at any election. (L. L. Additional information and CommentsThere are no comments yet for this article.
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