Municipal Elections Amendment (Scotland) Act 1868
| Jurisdiction | UK Non-devolved |
| Citation | 1868 c. 108 |
| Year | 1868 |
Municipal Elections Amendment (Scotland) Act, 1868
(31 & 32 Vict.) C A P. CVIII.
An Act to amend the Laws for the Election of the Magistrates and Councils of Royal and Parliamentary Burghs inScotland .
[31st July 1868]
W HEREAS it is expedient to amend the Laws for the Election of the Magistrates and Councillors of Royal and Parliamentary Burghs inScotland:
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 Short Title.
1. This Act may be cited for all Purposes as theMunicipal Elections Amendment (Scotland ) Act, 1868.
2 Interpretation of Terms.
2. The following Expressions in this Act shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; that is to say:
The Expression ‘Parliamentary Burgh’ shall mean any Burgh, not being a Royal Burgh, which returns or contributes to return a Member to serve in Parliament:
The Expression ‘the Registration Acts’ shall mean the Act of the Nineteenth and TwentiethVictoria , Chapter Fifty-eight, and the Eighth Section of the Act Twentieth and Twenty-first Victoria , Chapter Seventy, and any other Acts or Parts of Acts relating to the Registration of Persons entitled to vote at the Election of Members to serve in Parliament for Burghs in Scotland .
3 Qualification of Electors of Council in RoyalBurghs returning Members to Parliament.
3. In every Royal Burgh inScotland now returning or contributing to return a Member or Members to Parliament (including those contained in Schedule F. annexed to the Act Third and Fourth William the Fourth, Chapter Seventy-six, which Schedule together with the Twelfth Section of the said Act are hereby repealed,) the Right of electing the Town Council shall be in and belong to all such Persons as are or shall be qualified in respect of any Premises within the Royalty, whether original or extended, of such Burgh, to vote in the Election of a Member or Members of Parliament for such Burgh by virtue of the Acts Second and ThirdWilliam the Fourth, Chapter Sixty-five, or Thirty-first and Thirty-second Victoria , Chapter Forty-eight, and as are duly registered as such Voters in the Registers then in force made up in Terms of the Registration Acts; and also in all Persons who are possessed of the Qualifications described in the said Acts Second and Third William the Fourth, Chapter Sixty-five, or Thirty-first and Thirty-second Victoria , Chapter Forty-eight, in respect of the Premises, therein described within the Royalty of any such Royal Burgh where the Limits thereof at any Point or Points extend beyond the Parliamentary Boundaries of such Burgh, or within the Municipal Boundaries of any such Royal Burgh where the same have been extended under any General or Local Act beyond the Limits of the Royalty, original or extended, or the Parliamentary Boundaries of such Burgh: Provided always, that nothing herein contained shall be construed to confer the Right of voting for Town Councillors on any Persons in respect of Premises situated beyond the Municipal Boundaries of any Royal Burgh, as such Boundaries may be limited and defined by any Act of Parliament.
4 Qualification of Electors of Council in Royal Burghsnot returning Members to Parliament.
4. In every Royal Burgh not now entitled to send or to contribute to send a Member or Members to Parliament the Right of electing the Town Council shall be in and belong to all Persons who are possessed of the Qualifications for the Burgh Franchise described in the Acts Second and ThirdWilliam the Fourth, Chapter Sixty-five, or Thirty-first and Thirty-second Victoria , Chapter Forty-eight, in respect of the Premises therein described within the Royalty of any such Royal Burgh.
5 Qualification of Electors of Council in Parliamentary Burghs.
5. In every Parliamentary Burgh inScotland the Right of electing the Town Councils shall be in and belong to all the Persons qualified to vote for a Member of Parliament for such Burgh whose Names shall be on the Register completed in Terms of the Registration Acts then in force, and also in all Persons who are possessed of the Qualifications described in the said Acts Second and Third William the Fourth, Chapter Sixty-five, or Thirty-first and Thirty-second Victoria , Chapter Forty-eight, in respect of the Premises therein described within the Municipal Boundaries of any such Burgh where the same have been extended under any General or Local Act beyond the Limits of the Parliamentary Boundaries of such Burgh; and such Register so completed from Time to Time shall be and be deemed to be the Register of Electors of Councillors for such Burgh.
6 Municipal Registers in Royal Burghs to be madeup before 15th Nov. 1868.
6. The Town Clerk of every Royal Burgh inScotland , including as aforesaid, (but excepting the Royal Burghs not now entitled to send or to contribute to send a Member or Members to Parliament, in which the List or Roll of Voters shall be and shall continue to be made up according to the existing Law and Practice,) shall, immediately after the Completion of the Register of Voters for Members of Parliament made up in the Year One thousand eight hundred and sixty-eight in Terms of the Registration Acts, make up and complete in Terms of the Act Third and Fourth William the Fourth, Chapter Seventy-six, the List or Roll of Persons entitled to vote in the Election of the Town Council of such Burgh; and the said List or Roll shall be made up and completed on or before the Fifteenth Day of November in the said Year, and such List or Roll shall be the Register of Voters at the next ensuing Election of Town Councillors: Provided always, that in every subsequent Year such List or Roll of Persons shall be made up, as heretofore, on or before the Thirty-first Day of October in such Year: Provided also, that where the Parliamentary and Municipal Boundaries of any Royal Burgh are the same, the Town Clerk shall make up such List or Roll of Persons for such Burgh by certifying at the End of a Copy of the Parliamentary Register for such Burgh that such Register is, in Terms of this Act, the List or Roll of Persons entitled to vote at the next ensuing Election of the Town Council of such Burgh.
7 Postponement of Municipal Elections for the Year 1868.
7. The Election of Councillors which by the Acts Third and FourthWilliam the Fourth, Chapter Seventy-six, and Third and Fourth William the Fourth, Chapter Seventy-seven, is appointed to take place upon the First Tuesday of November in each Year, shall in the present Year (One thousand eight hundred and sixty-eight) take place on the First Tuesday of December; and such of the Councillors, Magistrates, and Office Bearers of every Burgh as but for the Provisions of this Act would have gone out of Office upon the First Tuesday of November in the present Year (One thousand eight hundred and sixty-eight) shall in virtue hereof continue to hold and exercise their respective Offices, and to perform the whole...
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