Chapter IV: , VII (21)

"Prior to the General Election of 1880 there were those who
hoped and believed that Corrupt Practices at Elections were
decreasing. These hopes were based upon the growth of the
constituencies and their increased political intelligence, and
also upon the operation of the Ballot Act. The disclosures
following the General Election proved to the most sanguine
that this belief was an error. Corrupt practices were found to
be more prevalent than ever. If in olden times larger
aggregate sums were expended in bribery and treating, never
probably had so many persons been bribed and treated as at the
General Election of 1880. After that election nineteen
petitions against returns on the ground of corrupt practices
were presented. In eight instances the Judges reported that
those practices had extensively prevailed, and in respect of
seven of these the reports of the Commissioners appointed
under the Act of 1852 demonstrated the alarming extent to
which corruption of all kinds had grown. ... A most serious
feature in the Commissioners' Reports was the proof they
afforded that bribery was regarded as a meritorious not as a
disgraceful act. Thirty magistrates were reported as guilty of
corrupt practices and removed from the Commission of the Peace
by the Lord Chancellor. Mayors, aldermen, town-councillors,
solicitors, the agents of the candidates, and others of a like
class were found to have dealt with bribery as if it were a
part of the necessary machinery for conducting an election.
Worst of all, some of these persons had actually attained
municipal honours, not only after they had committed these
practices, but even after their misdeeds had been exposed by
public inquiry. The Reports also showed, and a Parliamentary
Return furnished still more conclusive proof, that election
expenses were extravagant even to absurdity, and moreover were
on the increase. The lowest estimate of the expenditure during
the General Election of 1880 amounts to the enormous sum of
two and a half millions. With another Reform Bill in view, the
prospects of future elections were indeed alarming. ... The
necessity for some change was self-evident. Public opinion
insisted that the subject should be dealt with, and the evil
encountered. ... The Queen's Speech of the 6th of January,
1881, announced that a measure 'for the repression of corrupt
practices' would be submitted to Parliament, and on the
following day the Attorney-General (Sir Henry James), in
forcible and eloquent terms, moved for leave to introduce his
Bill. His proposals (severe as they seemed) were received with
general approval and sympathy, both inside and outside the
House of Commons, at a time when members and constituents
alike were ashamed of the excesses so recently brought to
light. It is true that the two and a half years' delay that
intervened between the introduction of the Bill and its
finally becoming law (a delay caused by the necessities of
Irish legislation), sufficed very considerably to cool the
enthusiasm of Parliament and the public. Yet enough desire for
reform remained to carry in July 1883 the Bill of January
1881, modified indeed in detail, but with its principles
intact and its main provisions unaltered. The measure which
has now become the Parliamentary Elections Act of 1883, was in
its conception pervaded by two principles. The first was to
strike hard and home at corrupt practices; the second was to
prohibit by positive legislation any expenditure in the
conduct of an election which was not absolutely necessary.
Bribery, undue influence, and personation, had long been
crimes for which a man could be fined and imprisoned. Treating
was now added to the same class of offences, and the
punishment for all rendered more deterrent by a liability to
hard labour. ... Besides punishment on conviction,
incapacities of a serious character are to result from a
person being reported guilty of corrupt practices by Election
Judges or Election Commissioners. ... A candidate reported
personally guilty of corrupt practices can never sit again for
the same constituency, and is rendered incapable of being a
member of the House of Commons for seven years. All persons,
whether candidates or not, are, on being reported, rendered
incapable of holding any public office or exercising any
franchise for the same period. Moreover, if any persons so
found guilty are magistrates, barristers, solicitors, or
members of other honourable professions, they are to be
reported to the Lord Chancellor, Inns of Court, High Court of
Justice, or other authority controlling their profession, and
dealt with as in the case of professional misconduct. Licensed
victuallers are, in a similar manner, to be reported to the
licensing justices, who may on the next occasion refuse to
renew their licenses. ... The employment of all paid
assistants except a very limited number is forbidden; no
conveyances are to be paid for, and only a restricted number
of committee rooms are to be engaged. Unnecessary payments for
the exhibition of bills and addresses, and for flags, bands,
torches, and the like are declared illegal. But these
prohibitions of specific objects were not considered
sufficient. Had these alone been enacted, the money of wealthy
and reckless candidates would have found other channels in
which to flow. ... And thus it was that the 'maximum scale'
was adopted as at once the most direct and the most
efficacious means of limiting expenditure. Whether by himself
or his agents, by direct payment or by contract, the candidate
is forbidden to spend more in 'the conduct and management of
an election' than the sums permitted by the Act, sums which
depend in each case on the numerical extent of the
constituency."

_H. Hobhouse,
The Parliamentary Elections
(Corrupt and Illegal Practices) Act, 1883,
pages 1-8._

ENGLAND: A. D. 1884-1885.
The Third Reform Bill and the Redistribution Bill.
The existing qualifications and disqualifications
of the Suffrage.

"Soon after Mr. Gladstone came into power in 1880, Mr.
Trevelyan became a member of his Administration. Already the
Premier had secured the co-operation of two other men new to
office--Mr. Chamberlain and Sir Charles Dilke. ... Their
presence in the Administration was looked upon as a good
augury by the Radicals, and the augury was not destined to
prove misleading. It was understood from the first that, with
such men as his coadjutors, Mr. Gladstone was pledged to a
still further Reform. He was pledged already, in fact, by his
speeches in Midlothian. ... On the 17th of October, 1883, a
great Conference was held at Leeds, for the purpose of
considering the Liberal programme for the ensuing season. The
Conference was attended by no fewer than 2,000 delegates, who
represented upwards of 500 Liberal Associations.
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It was presided over by Mr. John Morley. ... To a man the
delegates agreed as to the imperative necessity of household
suffrage being extended to the counties; and almost to a man
they agreed also as to the necessity of the measure being no
longer delayed. ... When Parliament met on the 5th of the
following February ... a measure for 'the enlargement of the
occupation franchise in Parliamentary Elections throughout the
United Kingdom' was distinctly promised in the Royal Speech;
and the same evening Mr. Gladstone gave notice that 'on the
first available day,' he would move for leave to bring in the
bill. So much was the House of Commons occupied with affairs
in Egypt and the Soudan, however, that it was not till the
29th of February that the Premier was able to fulfil his
pledge." Four months were occupied in the passage of the bill
through the House of Commons, and when it reached the Lords it
was rejected. This roused "an intense feeling throughout the
country. On the 21st of July, a great meeting was held in Hyde
Park, attended, it was believed, by upwards of 100,000
persons. ... On the 30th of July, a great meeting of delegates
was held in St. James's Hall, London. ... Mr. John Morley, who
presided, used some words respecting the House that had
rejected the bill which were instantly caught up by Reformers
everywhere. 'Be sure,' he said, 'that no power on earth can
separate henceforth the question of mending the House of
Commons from the question of mending, or ending, the House of
Lords.' On the 4th of August, Mr. Bright, speaking at
Birmingham, referred to the Lords as 'many of them the spawn
of the plunder and the wars and the corruption of the dark
ages of our country'; and his colleague, Mr. Chamberlain, used
even bolder words: 'During the last one hundred years the
House of Lords has never contributed one iota to popular
liberties or popular freedom, or done anything to advance the
common weal; and during that time it has protected every abuse
and sheltered every privilege. ... It is irresponsible without
independence, obstinate without courage, arbitrary without
judgment, and arrogant without knowledge.' ... In very many
instances, a strong disposition was manifested to drop the
agitation for the Reform of the House of Commons for a time,
and to concentrate the whole strength of the Liberal party on
one final struggle for the Reform (or, preferably, the
extinction) of the Upper House." But Mr. Gladstone gave no
encouragement to this inclination of his party. The outcome of
the agitation was the passage of the Franchise Bill a second time
in the House of Commons, in November, 1884, and by the Lords
soon afterwards. A concession was made to the latter by
previously satisfying them with regard to the contemplated
redistribution of seats in the House of Commons, for which a
separate bill was framed and introduced while the Franchise
Bill was yet pending. The Redistribution Bill passed the
Commons in May and the Lords in June, 1885.

_W. Heaton,
The Three Reforms of Parliament,
chapter 6._

"In regard to electoral districts, the equalization, in other
words, the radical refashioning of electoral districts, having
about the same number of inhabitants, is carried out. For this
purpose, 79 towns, having less than 15,000 inhabitants, are
divested of the right of electing a separate member; 36 towns,
with less than 50,000, return only one member; 14 large towns
obtain an increase of the number of the members in proportion
to the population; 35 towns, of nearly 50,000, obtain a new
franchise. The counties are throughout parcelled-out into
'electoral districts' of about the like population, to elect
one member each. This single-seat system is, regularly,
carried out in towns, with the exception of 28 middle-sized
towns, which have been left with two members. The County of
York forms, for example, 26 electoral districts; Liverpool 9.
To sum up, the result stands thus:--the counties choose 253
members (formerly 187), the towns 237 (formerly 297). The
average population of the county electoral districts is now
52,800 (formerly 70,800); the average number of the town
electoral districts 52,700 (formerly 41,200). ... The number
of the newly-enfranchised is supposed, according to an average
estimate, to be 2,000,000."

_Dr. R. Gneist,
The English Parliament in its Transformations,
chapter 9._

ALSO IN:
_J. Murdoch,
History of Constitutional Reform in Great
Britain and Ireland,
pages 277-398._

_H. Jephson,
The Platform,
chapter 23 (volume 2)._

The following is the text of the "Third Reform Act," which is
entitled "The Representation of the People Act, 1884":

An Act to amend the Law relating to the Representation of
the People of the United Kingdom. [6th December, 1884.]

Be it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Representation of the
People Act, 1884.

2. A uniform household franchise and a uniform lodger
franchise at elections shall be established in all counties
and boroughs throughout the United Kingdom, and every man
possessed of a household qualification or a lodger
qualification shall, if the qualifying premises be situate
in a county in England or Scotland, be entitled to be
registered as a voter, and when registered to vote at an
election for such county, and if the qualifying premises be
situate in a county or borough in Ireland, be entitled to
be registered as a voter, and when registered to vote at an
election for such county or borough.

3. Where a man himself inhabits any dwelling-house by
virtue of any office, service, or employment, and the
dwelling-house is not inhabited by any person under whom
such man serves in such office, service, or employment, he
shall be deemed for the purposes of this Act and of the
Representation of the People Acts to be an inhabitant
occupier of such dwelling-house as a tenant.

4. Subject to the saving in this Act for existing voters,
the following provisions shall have effect with reference
to elections:

(1.) A man shall not be entitled to be registered as a
voter in respect of the ownership of any rentcharge except
the owner of the whole of the tithe rentcharge of a
rectory, vicarage, chapelry, or benefice to which an
apportionment of tithe rentcharge shall have been made in
respect of any portion of tithes.

(2.) Where two or more men are owners either as joint
tenants or as tenants in common of an estate in any land or
tenement, one of such men, but not more than one, shall, if
his interest is sufficient to confer a qualification as a
voter in respect of the ownership of such estate, be
entitled (in the like cases and subject to the like
conditions as if he were the sole owner) to be registered
as a voter, and when registered to vote at an election.
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Provided that where such owners have derived their interest
by descent, succession, marriage, marriage settlement, or
will, or where they occupy the land or tenement, and are
bonâ fide engaged as partners carrying on trade or business
thereon, each of such owners whose interest is sufficient
to confer on him a qualification as a voter shall be
entitled (in the like cases and subject to the like
conditions as if he were sole owner) to be registered as a
voter in respect of such ownership, and when registered to
vote at an election, and the value of the interest of each
such owner where not otherwise legally defined shall be
ascertained by the division of the total value of the land
or tenement equally among the whole of such owners.

5. Every man occupying any land or tenement in a county or
borough in the United Kingdom of a clear yearly value of
not less than ten pounds shall be entitled to be registered
as a voter and when registered to vote at an election for
such county or borough in respect of such occupation
subject to the like conditions respectively as a man is, at
the passing of this Act, entitled to be registered as a
voter and to vote at an election for such county in respect
of the county occupation franchise, and at an election for
such borough in respect of the borough occupation
franchise.

6. A man shall not by virtue of this Act be entitled to be
registered as a voter or to vote at any election for a
county in respect of the occupation of any dwelling-house,
lodgings, land, or tenement, situate in a borough.

7. (1.) In this Act the expression "a household
qualification" means, as respects England and Ireland, the
qualification enacted by the third section of the
Representation of the People Act, 1867 [see comments
appended to this text], and the enactments amending or
affecting the same, and the said section and enactments so
far as they are consistent with this Act, shall extend to
counties in England and to counties and boroughs in
Ireland.

(2.) In the construction of the said enactments, as amended
and applied to Ireland, the following dates shall be
substituted for the dates therein mentioned, that is to say,
the twentieth day of July for the fifteenth day of July, the
first day of July for the twentieth day of July, and the
first day of January for the fifth day of January.

(3.) The expression "a lodger qualification" means the
qualification enacted, as respects England, by the fourth
section of the Representation of the People Act, 1867 [see
comments appended to this text], and the enactments amending
or affecting the same, and as respects Ireland, by the
fourth section of the Representation of the People (Ireland)
Act, 1868, and the enactments amending or affecting the
same, and the said section of the English Act of 1867, and
the enactments amending or affecting the same, shall, so far
as they are consistent with this Act, extend to counties in
England, and the said section of the Irish Act of 1868, and
the enactments amending or affecting the same, shall, so far
as they are consistent with this Act, extend to counties in
Ireland; and sections five and six and twenty-two and
twenty-three of the Parliamentary and Municipal Registration
Act, 1878, so far as they relate to lodgings, shall apply to
Ireland, and for the purpose of such application the
reference in the said section six to the Representation of
the People Act, 1867, shall be deemed to be made to the
Representation of the People (Ireland) Act, 1868, and in the
said section twenty-two of the Parliamentary and Municipal
Registration Act, 1878, the reference to section thirteen of
the Parliamentary Registration Act, 1843, shall be construed
to refer to the enactments of the Registration Acts in
Ireland relating to the making out, signing, publishing, and
otherwise dealing with the lists of voters, and the
reference to the Parliamentary Registration Acts shall be
construed to refer to the Registration Acts in Ireland, and
the following dates shall be substituted in Ireland for the
dates in that section mentioned, that is to say, the
twentieth day of July for the last day of July, and the
fourteenth day of July for the twenty-fifth day of July,
and the word "overseers" shall be construed to refer in a
county to the clerk of the peace, and in a borough to the
town clerk.

(4.) The expression "a household qualification" means, as
respects Scotland, the qualification enacted by the third
section of the Representation of the People (Scotland) Act,
1868, and the enactments amending or affecting the same,
and the said section and enactments shall, so far as they
are consistent with this Act, extend to counties in
Scotland, and for the purpose of the said section and
enactments the expression "dwelling-house" in Scotland
means any house or part of a house occupied as a separate
dwelling, and this definition of a dwelling-house shall be
substituted for the definition contained in section
fifty-nine of the Representation of the People (Scotland)
Act, 1868.

(5.) The expression "a lodger qualification" means, as
respects Scotland, the qualification enacted by the fourth
section of the Representation of the People (Scotland) Act,
1868, and the enactments amending or affecting the same,
and the said section and enactments, so far as they are
consistent with this Act, shall extend to counties in
Scotland.

(6.) The expression "county occupation franchise" means, as
respects England, the franchise enacted by the sixth
section of the Representation of the People Act, 1867 [see
comments appended to this text]; and, as respects Scotland,
the franchise enacted by the sixth section of the
Representation of the People (Scotland) Act, 1868; and, as
respects Ireland, the franchise enacted by the first
section of the Act of the session of the thirteenth and
fourteenth years of the reign of Her present Majesty,
chapter sixty-nine.

(7.) The expression "borough occupation franchise" means,
as respects England, the franchise enacted by the
twenty-seventh section of the Act of the session of the
second and third years of the reign of King William the
Fourth, chapter forty-five [see comments appended to this
text]; and as respects Scotland, the franchise enacted by
the eleventh section of the Act of the session of the
second and third years of the reign of King William the
Fourth, chapter sixty-five; and as respects Ireland the
franchise enacted by section five of the Act of the session
of the thirteenth and fourteenth years of the reign of Her
present Majesty, chapter sixty-nine, and the third section
of the Representation of the People (Ireland) Act, 1868.

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(8.) Any enactments amending or relating to the county
occupation franchise or 'borough occupation franchise other
than the sections in this Act in that behalf mentioned
shall be deemed to be referred to in the definition of the
county occupation franchise and the borough occupation
franchise in this Act mentioned.

8. (1.) In this Act the expression "the Representation of
the People Acts" means the enactments for the time being in
force in England, Scotland, and Ireland respectively
relating to the representation of the people, inclusive of
the Registration Acts as defined by this Act.

(2.) The expression "the Registration Acts" means the
enactments for the time being in force in England,
Scotland, and Ireland respectively, relating to the
registration of persons entitled to vote at elections for
counties and boroughs, inclusive of the Rating Acts as
defined by this Act.

(3.) The expressions "the Representation of the People
Acts" and "the Registration Acts" respectively, where used
in this Act, shall be read distributively in reference to
the three parts of the United Kingdom as meaning in the
case of each part the enactments for the time being in
force in that part.

(4.) All enactments of the Registration Acts which relate
to the registration of persons entitled to vote in boroughs
in England in respect of a household or a lodger
qualification, and in boroughs in Ireland in respect of a
lodger qualification, shall, with the necessary variations
and with the necessary alterations of precepts, notices,
lists, and other forms, extend to counties as well as to
boroughs.

(5.) All enactments of the Registration Acts which relate
to the registration in counties and boroughs in Ireland of
persons entitled to vote in respect of the county
occupation franchise and the borough occupation franchise
respectively, shall, with the necessary variations and with
the necessary alterations of precepts, notices, lists, and
other forms, extend respectively to the registration in
counties and boroughs in Ireland of persons entitled to
vote in respect of the household qualification conferred by
this Act.

(6.) In Scotland all enactments of the Registration Acts
which relate to the registration of persons entitled to
vote in burghs, including the provisions relating to dates,
shall, with the necessary variations, and with the
necessary alterations of notices and other forms, extend
and apply to counties as well as to burghs; and the
enactments of the said Acts which relate to the
registration of persons entitled to vote in counties shall,
so far as inconsistent with the enactments so applied, be
repealed: Provided that in counties the valuation rolls,
registers, and lists shall continue to be arranged in
parishes as heretofore.

9. (1.) In this Act the expression "the Rating Acts" means
the enactments for the time being in force in England,
Scotland, and Ireland respectively, relating to the placing
of the names of occupiers on the rate book, or other
enactments relating to rating in so far as they are
auxiliary to or deal with the registration of persons
entitled to vote at elections; and the expression "the
Rating Acts" where used in this Act shall be read
distributively in reference to the three parts of the
United Kingdom as meaning in the case of each part the Acts
for the time being in force in that part.

(2.) In every part of the United Kingdom it shall be the
duty of the overseers annually, in the months of April and
May, or one of them, to inquire or ascertain with respect
to every hereditament which comprises any dwelling-house or
dwelling-houses within the meaning of the Representation of
the People Acts, whether any man, other than the owner or
other person rated or liable to be rated in respect of such
hereditament, is entitled to be registered as a voter in
respect of his being an inhabitant occupier of any such
dwelling-house, and to enter in the rate book the name of
every man so entitled, and the situation or description of
the dwelling-house in respect of which he is entitled, and
for the purposes of such entry a separate column shall be
added to the rate book.

(3.) For the purpose of the execution of such duty the
overseers may serve on the person who is the occupier or
rated or liable to be rated in respect of such
hereditament, or on some agent of such person concerned in
the management of such hereditament, the requisition
specified in the Third Schedule of this Act requiring that
the form in that notice be accurately filled up and
returned to the overseers within twenty-one days after such
service; and if any such person or agent on whom such
requisition is served fails to comply therewith, he shall
be liable on summary conviction to a fine not exceeding
forty shillings, and any overseer who fails to perform his
duty under this section shall be deemed guilty of a breach
of duty in the execution of the Registration Acts, and
shall be liable to be fined accordingly a sum not exceeding
forty shillings for each default.

(4.) The notice under this section may be served in manner
provided by the Representation of the People Acts with
respect to the service on occupiers of notice of
non-payment of rates, and, where a body of persons,
corporate or unincorporate, is rated, shall be served on
the secretary or agent of such body of persons; and where
the hereditament by reason of belonging to the Crown or
otherwise is not rated, shall be served on the chief local
officer having the superintendence or control of such
hereditament.

(5.) In the application of this section to Scotland the
expression rate book means the valuation roll, and where a
man entered on the valuation roll by virtue of this section
inhabits a dwelling-house by virtue of any office, service,
or employment, there shall not be entered in the valuation
roll any rent or value against the name of such man as
applicable to such dwelling-house, nor shall any such man
by reason of such entry become liable to be rated in
respect of such dwelling-house.

(6.) The proviso in section two of the Act for the
valuation of lands and heritages in Scotland passed in the
session of the seventeenth and eighteenth years of the
reign of Her present Majesty chapter ninety-one, and
section fifteen of the Representation of the People
(Scotland) Act, 1868, shall be repealed: Provided that in
any county in Scotland the commissioners of supply, or the
parochial board of any parish, or any other rating
authority entitled to impose assessments according to the
valuation roll, may, if they think fit, levy such
assessments in respect of lands and heritages separately
let for a shorter period than one year or at a rent not
amounting to four pounds per annum in the same manner and
from the same persons as if the names of the tenants and
occupiers of such lands and heritages were not inserted in
the valuation roll.

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(7.) In Ireland where the owner of a dwelling-house is
rated instead of the occupier, the occupier shall
nevertheless be entitled to be registered as a voter, and
to vote under the same conditions under which an occupier
of a dwelling-house in England is entitled in pursuance of
the Poor Rate Assessment and Collection Act, 1869, and the
Acts amending the same, to be registered as a voter, and to
vote where the owner is rated, and the enactments referred
to in the First Schedule to this Act shall apply to Ireland
accordingly, with the modifications in that schedule
mentioned.

(8.) Both in England and Ireland where a man inhabits any
dwelling-house by virtue of any office, service, or
employment, and is deemed for the purposes of this Act and
of the Representation of the People Acts to be an
inhabitant occupier of such dwelling-house as a tenant, and
another person is rated or liable to be rated for such
dwelling-house, the rating of such other person shall for
the purposes of this Act and of the Representation of the
People Acts be deemed to be that of the inhabitant
occupier; and the several enactments of the Poor Rate
Assessment and Collection Act, 1869, and other Acts
amending the same referred to in the First Schedule to this
Act shall for those purposes apply to such inhabitant
occupier, and in the construction of those enactments the
word "owner" shall be deemed to include a person actually
rated or liable to be rated as aforesaid.

(9.) In any part of the United Kingdom where a man inhabits
a dwelling-house in respect of which no person is rated by
reason of such dwelling-house belonging to or being
occupied on behalf of the Crown, or by reason of any other
ground of exemption, such person shall not be disentitled
to be registered as a voter, and to vote by reason only
that no one is rated in respect of such dwelling-house, and
that no rates are paid in respect of the same, and it shall
be the duty of the persons making out the rate book or
valuation roll to enter any such dwelling-house as last
aforesaid in the rate book or valuation roll, together with
the name of the inhabitant occupier thereof.

10. Nothing in this Act shall deprive any person (who at
the date of the passing of this Act is registered in
respect of any qualification to vote for any county or
borough), of his right to be from time to time registered
and to vote for such county or borough in respect of such
qualification in like manner as if this Act had not passed.
Provided that where a man is so registered in respect of
the county or borough occupation franchise by virtue of a
qualification which also qualifies him for the franchise
under this Act, he shall be entitled to be registered in
respect of such latter franchise only. Nothing in this Act
shall confer on any man who is subject to any legal
incapacity to be registered as a voter or to vote, any
right to be registered as a voter or to vote.

11. This Act, so far as may be consistently with the tenor
thereof, shall be construed as one with the Representation
of the People Acts as defined by this Act; and the
expressions "election," "county," and "borough," and other
expressions in this Act and in the enactments applied by
this Act, shall have the same meaning as in the said Acts.
Provided that in this Act and the said enactments--The
expression "overseers" includes assessors, guardians,
clerks of unions, or other persons by whatever name known,
who perform duties in relation to rating or to the
registration of voters similar to those performed in
relation to such matters by overseers in England. The
expression "rentcharge" includes a fee farm rent, a feu
duty in Scotland, a rent seck, a chief rent, a rent of
assize, and any rent or annuity granted out of land. The
expression "land or tenement" includes any part of a house
separately occupied for the purpose of any trade, business,
or profession, and that expression, and also the expression
"hereditament" when used in this Act, in Scotland includes
"lands and heritages." The expressions "joint tenants" and
"tenants in common" shall include "pro indiviso
proprietors." The expression "clear yearly value" as
applied to any land or tenement means in Scotland the
annual value as appearing in the valuation roll, and in
Ireland the net annual value at which the occupier of such
land or tenement was rated under the last rate for the time
being, under the Act of the session of the first and second
years of the reign of Her present Majesty, chapter
fifty-six, or any Acts amending the same.

12. Whereas the franchises conferred by this Act are in
substitution for the franchises conferred by the enactments
mentioned in the first and second parts of the Second
Schedule hereto, be it enacted that the Acts mentioned in
the first part of the said Second Schedule shall be
repealed to the extent in the third column of that part of
the said schedule mentioned except in so far as relates to
the rights of persons saved by this Act; and the Acts
mentioned in the second part of the said Second Schedule
shall be repealed to the extent in the third column of that
part of the said schedule mentioned, except in so far as
relates to the rights of persons saved by this Act and
except in so far as the enactments so repealed contain
conditions made applicable by this Act to any franchise
enacted by this Act.

13. This Act shall commence and come into operation on the
first day of January one thousand eight hundred and
eighty-five: Provided that the register of voters in any
county or borough in Scotland made in the last-mentioned
year shall not come into force until the first day of
January one thousand eight hundred and eighty-six, and
until that day the previous register of voters shall
continue in force.

The following comments upon the foregoing act afford
explanations which are needed for the understanding of some of
its provisions:

"The introduction of the household franchise into counties is
the main work of the Representation of the People Act, 1884.
... The county household franchise is ... made identical with
the borough franchise created by the Reform Act of 1867 (30 &
31 Vict., c. 102), to which we must, therefore, turn for the
definition of the one household franchise now established in
both counties and boroughs throughout the United Kingdom. The
third section of the Act in question provides that 'Every man
shall in and after the year 1868 be entitled to be registered
as a voter, and when registered to vote, for a member or
members to serve in Parliament for a borough [we must now add
"or for a county or division of a county"] who is qualified as
follows:

(1.) Is of full age and not subject to any legal
incapacity;

(2.) Is on the last day of July [now July 15th] in any
year, and has during the whole of the preceding twelve
calendar months been an inhabitant occupier as owner or
tenant of any dwelling house within the borough [or within
a county or division of a county];

{977}

(3.) Has during the time of such occupation been rated as
an ordinary occupier in respect of the premises so occupied
by him within the borough to all rates (if any) made for
the relief of the poor in respect of such premises; and,

(4.) Has on or before the 20th day of July in the same year
bona fide paid an equal amount in the pound to that payable
by other ordinary occupiers in respect of all poor rates
that have been payable by him in respect of the said
premises up to the preceding 5th day of January: Provided
that no man shall under this section be entitled to be
registered as a voter by reason of his being a joint
occupier of any dwelling house. ... The lodger franchise
was the creation of the Reform Act of 1867 (30 & 31 Vict.,
c. 102), the 4th section of which conferred the suffrage
upon lodgers who, being of full age and not subject to any
legal incapacity, have occupied in the same borough
lodgings 'of a clear yearly value, if let unfurnished, of
£10 or upwards' for twelve months preceding the last day of
July, and have claimed to be registered as voters at the
next ensuing registration of voters. By this clause certain
limitations or restrictions were imposed on the lodger franchise;
but these were swept away by the 41 & 42 Vict., c. 26, the
6th section of which considerably enlarged the franchise by
enacting that:--

(1.) Lodgings occupied by a person in any year or two
successive years shall not be deemed to be different
lodgings by reason only that in that year or either of
those years he has occupied some other rooms or place in
addition to his original lodgings.

(2.) For the purpose of qualifying a lodger to vote the
occupation in immediate succession of different lodgings of
the requisite value in the same house shall have the same effect
as continued occupation of the same lodgings.

(3.) Where lodgings are jointly occupied by more than one
lodger, and the clear yearly value of the lodgings if let
unfurnished is of an amount which, when divided by the
number of the lodgers, gives a sum of not less than £10 for
each lodger, then each lodger (if otherwise qualified and
subject to the conditions of the Representation of the
People Act, 1867) shall be entitled to be registered and
when registered to vote as a lodger, provided that not more
than two persons being such joint lodgers shall be entitled
to be registered in respect of such lodgings. ... Until the
passing of the Representation of the People Act, 1884, no
householder was qualified to vote unless he not only
occupied a dwelling house, but occupied it either as owner
or as the tenant of the owner. And where residence in an
official or other house was necessary, or conducive to the
efficient discharge of a man's duty or service, and was
either expressly or impliedly made a part of such duty or
service then the relation of landlord or tenant was held
not to be created. The consequence was that a large number
of persons who as officials, as employes, or as servants
are required to reside in public buildings, on the premises
of their employers or in houses assigned to them by their
masters were held not to be entitled to the franchise. In
future such persons will ... be entitled to vote as
inhabitant occupiers and tenants (under Section 3 of the
recent Act), notwithstanding that they occupy their
dwelling houses 'by virtue of any office, service or
employment.' But this is subject to the condition that a
subordinate cannot qualify or obtain a vote in respect of a
dwelling house which is also inhabited by any person under whom
'such man serves in such office, service or employment.'
... Persons seised of (i. e., owning) an estate of
inheritance (i. e., in fee simple or fee-tail) of freehold
tenure, in lands or tenements, of the value of 40s. per
annum, are entitled to a vote for the county or division of
the county in which the estate is situated. This is the
class of electors generally known as 'forty shilling
freeholders.' Originally all freeholders were entitled to
county votes, but by the 8 Henry VI., c. 7, it was provided
that no freehold of a less annual value than 40s. should
confer the franchise. Until the Reform Act of 1832, 40s.
freeholders, whether their estate was one of inheritance or
one for life or lives, were entitled to county votes. That Act,
however, restricted the county freehold franchise by
drawing a distinction between (1) freeholds of inheritance,
and (2) freeholds not of inheritance. While the owners of
the first class of freeholds were left in possession of
their former rights (except when the property is situated
within a Parliamentary borough), the owners of the latter
were subjected to a variety of conditions and restrictions. ...
Before the passing of the Representation of the People Act,
1884, any number of persons might qualify and obtain county
votes as joint owners of a freehold of inheritance,
provided that it was of an annual value sufficient to give
40s. for each owner. But ... this right is materially
qualified by Section 4 of the recent Act. ... Persons
seised of an estate for life or lives of freehold tenure of
the annual value of 40s., but of less than £5, are entitled
to a county vote, provided that they

(1) actually and bonâ fide occupy the premises, or

(2) were seised of the property at the time of the passing
of the 2 Will. IV., c. 45 (June 7th, 1832), or

(3) have acquired the property after the date by marriage,
marriage settlement, devise, or promotion to a benefice or
office. ... Persons seised of an estate for life or lives
or of any larger estate in lands or tenements of any tenure
whatever of the yearly value of £5 or upwards: This
qualification is not confined to the ownership of freehold
lands. Under the words 'of any tenure whatever' (30 & 31
Vict., c. 102, s. 5) copyholders have county votes if their
property is of the annual value of £5. ... The electoral
qualifications in Scotland are defined by the 2 & 3 Will.
IV., c. 65, the 31 & 32 Vict., c. 48, and the
Representation of the People Act, 1884 (48 Vict., c. 3).
The effect of the three Acts taken together is that the
County franchises are as follows:

1. Owners of Land, &c., of the annual value of £5, after
deducting feu duty, ground annual, or other considerations
which an owner may be bound to pay or to give an account
for as a condition of his right.

2. Leaseholders under a lease of not less than 57 years or
for the life of the tenant of the clear yearly value of
£10, or for a period of not less than 19 years when the
clear yearly value is not less than £50, or the tenant is
in actual personal occupancy of the land.

3. Occupiers of land, &c., of the clear yearly value of £10.

4. Householders.

5. Lodgers.

6. The service franchise.

Borough franchises.
1. Occupiers of land or tenements of the annual value of £10.
2. Householders.
3. Lodgers.
4. The service franchise.

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The qualification for these franchises is in all material
respects the same as for the corresponding franchises in
the Scotch counties, and in the counties and boroughs of
England and Wales. ... The Acts relating to the franchise
in Ireland are 2 & 3 Will. IV., c. 88, 13 & 14 Vict., c.
69, the representation of the People (Ireland) Act, 1868,
and the Representation of the People Act, 1884. Read
together they give the following qualifications:

County franchises.

1. Owners of freeholds of inheritance or of freeholds for
lives renewable for ever rated to the poor at the annual
value of £5.

2. Freeholders and copyholders of a clear annual value of
£10.

3. Leaseholders of various terms and value.

4. Occupiers of land or a tenement of the clear annual
value of £10.

5. Householders.

6. The lodger franchise.

7. The service franchise.

Borough franchises.

1. Occupiers of lands and tenements of the annual value of
£10.

2. Householders. ...

3. Lodgers.

4. The service franchise.

5. Freemen in certain boroughs. ...

All the franchises we have described ... are subject to this
condition, that no one, however qualified, can be registered
or vote in respect of them if he is subjected to any legal
incapacity to become or act as elector. ... No alien unless
certificated or naturalised, no minor, no lunatic or idiot,
nor any person in such a state of drunkenness as to be
incapable--is entitled to vote. Police magistrates in London
and Dublin, and police officers throughout the country,
including the members of the Royal Irish Constabulary, are
disqualified from voting either generally or for
constituencies within which their duties lie. In the case of
the police the disqualification continues for six months after
an officer has left the force. ... Persons are disqualified
who are convicted of treason or treason-felony, for which the
sentence is death or penal servitude, or any term of
imprisonment with hard labour or exceeding twelve months,
until they have suffered their punishment (or such as may be
substituted by competent authority), or until they receive a
free pardon. Peers are disqualified from voting at the
election of any member to serve in Parliament. A returning
officer may not vote at any election for which he acts, unless
the numbers are equal, when he may give a casting vote. No
person is entitled to be registered in any year as a voter for
any county or borough who has within twelve calendar months
next previous to the last day of July in such year received
parochial relief or other alms which by the law of Parliament
disqualify from voting. Persons employed at an election for
reward or payment are disqualified from voting thereat
although they may be on the register. ... The Corrupt and
Illegal Practices Prevention Act, 1883 (46 & 47 Vict., c. 51),
disqualifies a variety of offenders [see above, A. D. 1883]
against its provisions from being registered or voting."

_W. A. Holdsworth,
The New Reform Act,
pages 20-36._

ENGLAND: A. D. 1881-1885.
Campaign in the Soudan for the relief of General Gordon.

See EGYPT: A. D. 1884-1885.

ENGLAND: A. D. 1885.
The fall of the Gladstone government.
The brief first Ministry of Lord Salisbury.

"Almost simultaneously with the assembling of Parliament
[February 19, 1885] had come the news of the fall of Khartoum
and the death of General Gordon [see EGYPT: A. D. 1884-1885].
These terrible events sent a thrill of horror and indignation
throughout the country, and the Government was severely
condemned in many quarters for its procrastination. Mr.
Gladstone, who was strongly moved by Gordon's death, rose to
the situation, and announced that it was necessary to
overthrow the Mahdi at Khartoum, to renew operations against
Osman Digma, and to construct a railway from Suakim to Berber
with a view to a campaign in the autumn. A royal proclamation
was issued calling out the reserves. Sir Stafford Northcote
initiated a debate on the Soudan question with a motion
affirming that the risks and sacrifices which the Government
appeared to be ready to encounter could only be justified by a
distinct recognition of our responsibility for Egypt, and
those portions of the Soudan which are necessary to its
security. Mr. John Morley introduced an amendment to the
motion, waiving any judgment on the policy of the Minister,
but expressing regret at its decision to continue the conflict
with the Mahdl. Mr. Gladstone skilfully dealt with both motion
and amendment. Observing that it was impossible to give rigid
pledges as to the future, he appealed to the Liberal party, if
they had not made up their minds to condemn and punish the
Government, to strengthen their hands by an unmistakable vote
of confidence. The Government obtained a majority of 14, the
votes being 302 in their favour with 288 against; but many of
those who supported the Government had also voted for the
amendment by Mr. Morley. ... Financial questions were
extremely embarrassing to the Government, and it was not until
the 30th of April that the Chancellor of the Exchequer was
ready with his financial statement. He was called upon to deal
with a deficit of upwards of a million, with a greatly
depressed revenue, and with an estimated expenditure for the
current year--including the vote of credit--of no less than
£100,000,000. Amongst Mr. Childers's proposals was one to levy
upon land an amount of taxation proportioned to that levied on
personal property. There was also an augmentation of the
spirit duties and of the beer duty. The country members were
dissatisfied and demanded that no new charges should be thrown
on the land till the promised relief of local taxation had
been carried out. The agricultural and the liquor interests
were discontented, as well as the Scotch and Irish members
with the whiskey duty. The Chancellor made some concessions,
but they were not regarded as sufficient, and on the Monday
after the Whitsun holidays, the Opposition joined battle on a
motion by Sir M. Hicks Beach. ... Mr. Gladstone stated at the
close of the debate that the Government would resign if
defeated. The amendment was carried against them by 264 to
252, and the Ministry went out. ... Lord Salisbury became
Premier. ... The general election ... [was] fixed for November
1885."

_G. B. Smith,
The Prime Ministers of Queen Victoria,
pages 373-377._

ENGLAND: A. D. 1885-1886.
The partition of East Africa with Germany.

See AFRICA: A. D. 1884-1889.

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ENGLAND: A. D. 1885-1886.
Mr. Gladstone's return to power.
His Home Rule Bill for Ireland and his Irish Land Bill.
Their defeat.
Division of the Liberal Party.
Lord Salisbury's Ministry.