Public Health Act 1848

Election of Local Boards.

Qualification of Electors, and Scale of voting.

Definition of Words “Owner” and “Owners” and applied to this Act.

XX. And be it enacted, That at every such Election as aforesaid the Rate-payers in respect of Property in the District or Part of a District for which the Election is held, and the Owners of such Property, shall be entitled to vote according to the Scale following; (that is to say,) if the Property in respect of which the Person is entitled to vote be rated upon a rateable Value of less than Fifty Pounds he shall have One Vote, if such rateable Value amount to Fifty Pounds and be less than One hundred Pounds he shall have Two Votes, if it amount to One hundred Pounds and be less than One hundred and fifty Pounds he shall have Three Votes, if it amount to One hundred and fifty Pounds and be less than Two hundred Pounds he shall have Four Votes, if it amount to Two hundred Pounds and be less than Two hundred and fifty Pounds he shall have Five Votes, and if it amount to or exceed Two hundred and fifty Pounds he shall have Six Votes; and any Person who is Owner and also bonâ fide Occupier of the same Property shall be entitled to vote both in respect of such Ownership and of such Occupation; and the Votes shall be given, taken, collected, and returned according to the Directions herein-after contained; and the Majority of the Votes actually collected and returned shall be binding on the District or Part of a District for which the Election is had; and whosoever shall not vote or shall not comply with such Directions shall be omitted in the Calculation of Votes, and be deemed to have had no Vote: Provided always, that the Word “Owner” and “Owners,” when used in this Act in relation to the Right of voting at any Election under this Act, shall respectively be construed to mean any Person or Persons for the Time being in the actual Occupation of any Kind of Property rateable to the Relief of the Poor, and not let to him or them at a Rack Rent, or any Person or Persons receiving, either on his or their own Account, or as Mortgagee or Mortgagees or other Incumbrancer or Incumbrancers, in possession, the Rack Rent of any such Property; and no Person shall be deemed a Rate-payer or be entitled to vote as such at any such Election unless he shall have been rated to the Relief of the Poor in the District or Part, of a District for which he claims to vote for the Space of One whole Year immediately preceding the Day of tendering his Vote, and shall have also paid all Rates made upon him for the Relief of the Poor in such District or Part of a District for the Period of One whole Year, and shall have also paid all such Rates, and all Rates due from him under this Act, before that Day, in such District or Part of a District, except Rates which shall have been made or become due within the Six Months immediately preceding: Provided also, that in case of Property belonging to a Corporation Aggregate, or to a Joint Stock or other Company, or to any Body of Proprietors or Undertakers, such Corporation, Company, Body of Proprietors or Undertakers respectively, shall be deemed to be One Owner for the Purpose of voting under this Act, and shall vote by Proxy appointed in Writing under the Common Seal (in case of a Corporation) or (in any other Case) under the Hands of Three Directors or other Persons in the Direction or Management of the Company or Concern; and no Member of such Corporation, nor any Proprietor or Person interested in such Company or Concern, shall be entitled to vote individually as Owner in respect of such Property; and no Owner whosoever shall be entitled to vote as such, unless, Fourteen Days at least previously to the Day of tendering his Vote, he shall have delivered to the Clerk, or (in case of the first Election) to such Person within the District in which the Qualification to vote is situate as shall be directed by such Order in Council or Provisional Order (as the Case may require), a Statement in Writing of his Name and Address, and containing a Description of the Nature of his Interest or Estate in the Property giving the Qualification, and a Statement of the Amount of all Rent-service (if any) which he may receive or pay in respect thereof, and of the Persons from whom he may receive or to whom he may pay the same; and no such Corporation Aggregate, Joint Stock or other Company, Body of Proprietors or Undertakers, shall be entitled to vote unless such Statement contain the Name and Address of the Proxy appointed, and a true Copy of the Appointment of such Proxy.