legal incapacity at the time of his voting, which may have arisen subsequently to the expiration of the time allowed for making out the list of voters from which the register of voters in force at the time of election shall have been formed."

This enactment does not seem in any degree to vary the law on this subject from what it was under the Reform Act.

The question is, whether every receipt of parochial relief is not an incapacity arising at the time of the receipt. So that although the voter may have been in the receipt of relief before the 31st of July, if be receives relief after that period a "legal incapacity arises subsequently to the time allowed for making out the lists."

In the case of an incapacitating employment it is clear that the same disqualification continues prior to registration, and subsequently to it; but if a voter were in possession of some incapacitating office prior to the registration, and his name was left on the register, and subsequently to the 31st July he resigned that employment, and received some other occupation equally disqualifying, it could hardly be contended that his vote might not be objected to after the election.

In like manner it may be contended that every receipt of alms is a fresh and distinct disqualification of the voter.

By the Scotch Reform Act, 2 Wm. 4, c. 65, s. 11, not only is a voter who has been in receipt of relief within twelve months before the last day of July disqualified from being registered, but he is also disqua lified from voting. As committees have always applied the same rule with regard to the consideration of votes

unobjected to before the sheriff in Scotland (a), that has obtained in similar cases in England, although the system of registration is very different in the two countries, it is probable that a Scotch voter, who had received relief before and after the 31st July might be considered entitled to vote, if his right had not been questioned at the last revision.

Continuous Disqualification.] It is provided, by 6 Vict. c. 18, s. 98, "that it shall and may be lawful for any committee to inquire into and decide upon the right to vote of any person who, being upon the register of voters in force at the time of such election, shall have voted at such election, so far as the same may be disputed on the ground of legal incapacity at the time of his voting under and by virtue of any statute now or hereafter to be in force, or on the ground of any other legal incapacity at the time of his voting which may have arisen subsequently to the expiration of the time allowed for making out the lists of voters, &c.

This enactment mentions two classes of persons: 1st, Those who are under a legal incapacity by virtue of any statute, such as commissioners and officers of Excise, Customs, and persons concerned or employed in the charging, collecting, levying or managing the revenue, or persons employed in the Post-office, &c. (b).

Chief, and other constables appointed under the Act for appointing county and district constables (c),

(a) Post, opening register in Scotland.

(b) 22 Geo. 3, c. 41.

(c) 2 & 3 Vict. c. 93, s. 9.

also borough constables appointed under the recent statute (a), Metropolitan (b) and Thames Police (c). All these, and others under similar statutes (d), are prohibited from voting while they hold their respective situations, and also for periods varying from six to twelve months after they have quitted them. Heavy penalties, varying from 10l. to 1007., are also imposed upon such persons if they presume to vote.

The 2nd class in this section are persons who, at the time of their voting are under any other legal incapacity.

An important question here arises, whether the first of these two classes can vote at an election when they held the disqualifying appointment prior to the last revision of the register, and they were not objected to before the revising barrister on that ground. Do the words," which may have arisen subsequently to the expiration of the time allowed for making out the lists, &c." apply to the first class, or only to the second? The repetition of the words "on the ground of," seems to keep the statutory incapacity distinct and apart from the other legal incapacity, and to make the qualifying words in question only apply to the latter branch of the section. It is believed, that no committee has ever yet come to a decision upon the construction of this section. In the Rochester case,

(a) 19 & 20 Vict. c. 69, s. 9.

(b) 10 Geo. 4, c. 44, s. 18. (c) 3 Wm. 4, c. 19, s. 9.

(d) The several statutable and common law disqualifications for being electors will be found in any of the works on Registration of Voters. It is quite foreign to the objects of the present work to insert them here.

K. & O. 107, the committee allowed an objection to be taken to a voter that he was in the employment of the Customs, although the objection had not been taken at the revision of the lists. While another committee in the same session refused to hear an objection to a voter, that he was in the employment of the Post-office, and which objection might have been taken before the revising barrister. Windsor, K. & O. 178.

These cases, which were decided on the 60th section of 2 Wm. 4, c. 45, are of little assistance in construing the 98th section of 6 Vict. c. 18. Under the Reform Act it was lawful "to impeach the correctness of the register, by proving that in consequence of the decision of the barrister the voter was improperly inserted or retained in the register." The later enactment defines expressly what objections may be taken before a committee. In aid of the construction here suggested, it may be observed that there is a sound reason for the distinction. It could hardly have been intended that persons who were prohibited from voting, under a heavy penalty should, notwithstanding, be able to have their names retained on the poll. In some cities, where there is a large force of paid police, they might be sufficiently numerous to decide an election (a).

Upon the other branch of the section there can be no doubt. Aliens, infants, and all other persons subject to a legal incapacity not created by statute, whose

(a) In many treatises on Election Law it has been assumed that voters, under a statutable incapacity, are in the same situation as voters under other incapacities; and that in both cases the objection can be sustained only when the disqualification has arisen subsequently to the revision of the lists.

names have been incautiously inserted on the register cannot be objected to on a scrutiny unless they have been retained by the express decision of the revising barrister.

It is

10. Register conclusive of continuance of Qualification in England.] Before the passing of the 6 Vict. c. 18, objections were constantly taken on a scrutiny, that voters had parted with the qualification for which they were registered at the time of the election. now provided by the 6 Vict. c. 18, s. 79, "That at every election for any county, city, or borough, the register of voters shall be deemed and taken to be conclusive evidence, that the persons therein named continue to have the qualifications which are annexed to their names respectively in the register in force at such election.

Proviso as to Counties.] "Provided always, that it shall not be lawful for any person to vote at any election for a county where the qualification annexed to the name of such person shall have appeared annexed to his name in the preceding register, and such person, on the last day of July, in the year on which such register so in force was formed, shall have ceased to have such qualification, or shall not have retained so much thereof as would have entitled him to have had his name inserted on such register."

That is to say, if the voter shall have parted with his qualification, or so much of it as creates a qualification, before the 31st of July prior to the election, his vote may be questioned. In counties, as the register of the preceding year is reprinted, with the addition of the names of the new claimants, the names of persons