Representation of the People (Scotland) Act 1868

JurisdictionUK Non-devolved
Citation1868 c. 48


Representation of the People (Scotland) Act, 1868

(31 & 32 Vict.) C A P. XLVIII.

An Act for the Amendment of the Representation of the People inScotland .

[13th July 1868]

W HEREAS it is expedient to amend the Laws relating to the Representation of the People 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:

S-1 Short Title.

1 Short Title.

1. This Act shall be cited for all Purposes as ‘TheRepresentation of the People (Scotland ) Act, 1868.’

S-2 Application of Act.

2 Application of Act.

2. This Act shall apply toScotland only, except in so far as it provides that certain Boroughs in England shall cease to return Members to serve in Parliament.

I Franchises.

PART I.

Franchises.

S-3 Occupation Franchise for Voters in Burghs.

3 Occupation Franchise for Voters in Burghs.

3. Every Man shall, in and after the Year One thousand eight hundred and sixty-eight, be entitled to be registered as a Voter, and, when registered, to vote at Elections for a Member or Members to serve in Parliament for a Burgh, who, when the Sheriff proceeds to consider his Right to be inserted or retained in the Register of Voters, is qualified as follows; that is to say,

S-1

1. Is of full Age, and not subject to any legal Incapacity; and

S-2

2. Is, and has been for a Period of not less than Twelve Calendar Months next preceding the last Day ofJuly , an Inhabitant Occupier as Owner or Tenant of any Dwelling House within the Burgh:

Provided that no Man shall under this Section be entitled to be registered as a Voter who, at any Time during the said Period of Twelve Calendar Months, shall have been exempted from Payment of Poor Rates on the Ground of Inability to pay; or who shall have failed to pay, on or before the First Day ofAugust in the present or the Twentieth Day of June in any subsequent Year, all Poor Rates (if any) that have become payable by him, in respect of said Dwelling House or as an Inhabitant of any Parish in said Burgh, up to the preceding Fifteenth Day ofMay ; or who shall have been in the Receipt of Parochial Relief within the Twelve Calendar Months next preceding the said last Day of July: Provided also, 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.

S-4 Lodger Franchise for Voters in Burghs.

4 Lodger Franchise for Voters in Burghs.

4. Every Man shall, in and after the Year One thousand eight hundred and sixty-eight, be entitled to be registered as a Voter, and, when registered, to vote for a Member or Members to serve in Parliament for a Burgh, who is qualified as follows; (that is to say,)

S-1

1. Is of full Age, and not subject to any legal Incapacity; and

S-2

2. As a Lodger has occupied in the same Burgh separately, and as sole Tenant for the Twelve Months preceding the last Day ofJuly in any Year, Lodgings of a clear yearly Value, if let unfurnished, of Ten Pounds or upwards; and

S-3

3. Has resided in such Lodgings during the Twelve Months immediately preceding the last Day ofJuly , and has claimed to be registered as a Voter at the next ensuing Registration of Voters.

S-5 Ownership Franchise for Voters in Counties.

5 Ownership Franchise for Voters in Counties.

5. Every Man shall, in and after the Year One thousand eight hundred and sixty-eight, be entitled to be registered as a Voter, and when registered, to vote at the Election of a Member or Members to serve in Parliament for a County, who, when the Sheriff proceeds to consider his Right to be inserted or retained on the Register of Voters, is qualified as follows; that is to say,

S-1

1. Is of full Age, and not subject to any legal Incapacity; and

S-2

2. Is, and has been for a Period of not less than Six Calendar Months next preceding the last Day ofJuly , the Proprietor (whether he has made up his Titles, or is infeft, or not), of Lands and Heritages, the yearly Value of which, as appearing from the Valuation Roll of the County, shall be Five Pounds or upwards, after Deduction of any Feu Duty, Ground Annual, or other annual Consideration which he may be bound to pay or give or account for as a Condition of his Right, and after Deduction of any Annuity, Life-rent Provision, or such other annual Burden.

S-6 Occupation Franchise for Voters in Counties.

6 Occupation Franchise for Voters in Counties.

6. Every Man shall be entitled to be registered as a Voter, and, when registered, to vote at Elections for a Member to serve in Parliament for a County, who, when the Sheriff proceeds to consider his Right to be inserted or retained in the Register of Voters, is qualified as follows; that is to say,

S-1

1. Is of full Age and not subject to any legal Incapacity; and

S-2

2. Is, and has been during the Twelve Calendar Months immediately preceding the last Day ofJuly , in the actual personal Occupancy as Tenant of Lands and Heritages within the County of the annual Value of Fourteen Pounds or upwards, as appearing on the Valuation Roll of such County:

Provided that no Man shall under this Section be entitled to be registered who, at any Time during the said Period of Twelve Calendar Months, shall have been exempted from Payment of Poor Rates on the Ground of Inability to pay; or who shall have failed to pay, on or before the First Day ofAugust in the present or the Twentieth Day of June in any subsequent Year, all Poor Rates (if any) that have become payable by him in respect of said Lands and Heritages up to the preceding Fifteenth Day of May ;or who shall have been in the Receipt of Parochial Relief within Twelve Calendar Months next preceding the said last Day of July .

S-7 Restriction on Number of Votes in Glasgow.

7 Restriction on Number of Votes in Glasgow.

7. At a contested Election for the City ofGlasgow no Person shall vote for more than Two Candidates.

S-8 Electors employed for Reward within SixMonths of an Election not to vote.

8 Electors employed for Reward within SixMonths of an Election not to vote.

8. No Elector who, within Six Months before or during any Election for any County or Burgh, shall have been retained, hired, or employed for all or any of the Purposes of the Election for Reward by or on behalf of any Candidate at such Election as Agent, Canvasser, Clerk, Messenger, or in other like Employment, shall be entitled to vote at such Election; and if he shall so vote, he shall be guilty of a Crime and Offence.

II Distribution of Seats.

PART II.

Distribution of Seats.

S-9 New Seats for the Universities of Glasgowand Dundee, and Counties of Lanark, Ayr, and Aberdeen.

9 New Seats for the Universities of Glasgowand Dundee, and Counties of Lanark, Ayr, and Aberdeen.

9. In all future Parliaments the Universities ofScotland shall return Two Members to serve in Parliament; the City of Glasgow shall return Three Members to serve in Parliament; and the Town of Dundee , and the Counties of Lanark, Ayr , and Aberdeen , shall each return Two Members to serve in Parliament; and one of the Members for the Universities of Scotland shall be returned jointly by the University of Edinburgh and the University of St. Andrews ;and the other of such Members shall be returned jointly by the University of Glasgow and the University of Aberdeen .

S-10 Counties of Selkirk and Peebles to be united,and new District of Burghs to return One Member.

10 Counties of Selkirk and Peebles to be united,and new District of Burghs to return One Member.

10. From and after the End of the present Parliament the County ofSelkirk shall cease to return a Member to serve in Parliament, and the County of Peebles shall cease to return a Member to serve in Parliament, and the said Counties shall jointly return One Member to serve in Parliament; and the Burghs and Towns of Hawick, Galashiels , and Selkirk , specified in Schedule (A.) hereto annexed, shall be constituted into a District of Burghs, and such District shall return One Member to serve in Parliament.

S-11 Certain Counties to be divided, andeach Division to return a Member.

11 Certain Counties to be divided, andeach Division to return a Member.

11. From and after the End of the present Parliament each County named in the First Column of Schedule (B.) to this Act annexed shall be divided into Two Divisions named in the Second Column of the said Schedule; and, until otherwise directed by Parliament, each of such Divisions shall consist of the Parishes mentioned in the Third Column of the said Schedule; and each of such Divisions shall in all future Parliaments return One Member to serve in Parliament, in the same Manner as if each such Division were a separate County.

S-12 Registers of Voters to be formed for newBurghs and Divisions of Counties.

12 Registers of Voters to be formed for newBurghs and Divisions of Counties.

12. Registers of Voters shall be formed in and after the Year One thousand eight hundred and sixty-eight, notwithstanding the Continuance of the present Parliament, for and in respect of the Divisions of Counties constituted under this Act, in like...

To continue reading

Request your trial