THE
REPRESENTATION
OF
THE PEOPLE ACT, 1918
WITH
EXPLANATORY NOTES.
BY
SIR HUGH FRASER, LL.D.,
A BENCHER OF THE INNER TEMPLE ;
AUTHOR OF " THE LAW OP PARLIAMENTARY ELECTIONS AND ELECTION PETITIONS."
LONDON :
SWEET AND MAXWELL, LIMITED,
3, CHANCERY LANE, W.C. 2.
1918.
PREFACE.
IN this book the whole of the Representation
of the People Act, 1918, is set out verbatim.
The provisions of the sections are fully dealt
with in the explanatory Notes which follow them.
The various parts of the sections commented on
and explained in the Notes are printed in promi-
nent type so that the reader may have no
difficulty in finding in the Note to a particular
section that part of the section in regard to which
he wishes for guidance.
In some of the more important sections, par-
ticularly in Part I., which deals with " Fran-
chises," it has been thought more convenient
and helpful to the reader to deal with the
subject in the form of propositions which state
shortly the requirements of the section dealt
with. Questions of difficulty will undoubtedly
arise as to the interpretation of the language of
some of the sections, and it has been thought
advisable and indeed necessary to refer to the
decisions of the Courts as to the meaning of
a (2)
414967
IV PREFACE.
similar language in former statutes relating to
the franchise, although such statutes are now
repealed.
It has been thought useful to deal in some
detail with the method and costs of elections and
with corrupt and illegal practices, all of which
subjects are to a greater or less extent affected
by the present Act.
Appended to the Registration Rules will be
found footnotes where it was thought that such
footnotes would be useful, and in writing the
Notes to the sections of the Act the Author has
endeavoured to keep in view the duties and
difficulties of the registration officer.
In the Introduction will be found a short
survey of the progressive reforms in Parlia-
mentary representation introduced by and since
the Reform Act, 1832, together with a summary
of the far-reaching changes introduced by the
present Act.
The Appendices contain, in addition to the
County Court Rules, Supreme Court Rules, and
Statutes bearing on the subject, the Orders in
Council made under the Act, and Directions of
the Local Government Board to registration
officers, so far as such Orders and Directions
were available up to the time of going to press,
and it has been thought desirable, as a matter
PREFACE. V
of historical interest, to include the Report of
the Speaker's Conference.
I wish to acknowledge my indebtedness to my
learned friend, Mr. ALEXANDER P. FAOHIRI,
Barrister-at-Law, for most valuable assistance in
the preparation of the work and for many useful
suggestions. I have also to thank Mr. H. F.
OLDMAN for his kindness in reading through the
proofs as they were passing through the press,
and for giving rne the benefit of his wide practical
experience of the subjects dealt with in this book,
and particularly of registration.
H. F.
1, BRICK COURT, TEMPLE, E.G.
4th July, 1918.
( vii )
CONTENTS.
PAGE
TABLE OF OASES xi
LIST OF ABBREVIATIONS xix
INTRODUCTION . xxiii
PAET I.
FRANCHISES.
SECTION
1. Parliamentary franchises (men) 1
2. University franchise (men) 37
3. Local Government franchise (men) 40
4. Franchises (women) 63
5. Special provisions for persons serving on war' service. .. 76
6. Qualifying period 94
7 . Supplemental provisions as to residence and occupation . 98
8. Eight of person registered to vote 100
9. Provisions as to disqualifications 112
10. Provision as to qualification of councillor 123
PAET II.
EEGISTRATION.
11. Spring and autumn registers 125
12. Eegistration officers and areas 130
13. Eegistration duties ._ 133
14. Appeals 134
15. Expenses of registration 139
16. Special provisions with respect to urban districts and
London 145
17. Special provision as to registration of freemen, &c.... 147
18. Compensation to existing officers 148
19. Eegister for university constituencies 153
CONTENTS.
PART III.
METHOD AND COSTS OF ELECTIONS.
SECTION PAGE
20. Proportional representation in certain university con-
stituencies, and certain other constituencies, if scheme
for selection is approved .......................................... 155
21. Polls to be held on one day at a general election, &c.... 161
22. Penalty for voting at a general election in more con-
stituencies than allowed ............................................. 164
23. Voting by absent voters .......................................... 172
24. Voting by persons in the employment of returning
officers ...................................................................... 203
25. Eight to the use of elementary schools ..................... 204
26. Deposit by candidates at parliamentary elections ...... 207
27. Forfeiture of deposit in certain cases ..................... 208
28. Returning officers ...................................................... 211
29. Payment of returning officers' expenses by Treasury... 214
30. Discharge of returning officers' duties by an acting
returning officer ........................................ . ............... , 217
31. Division of constituency into polling districts, and ap-
pointment of polling places ....................................... 220
32. Place of election ...................................................... 223
33. Scale of election expenses ....................................... 223
34. Expenses incurred by unauthorised persons ............ 269
35. Certain Acts to have permanent effect ..................... 278
36. Conduct of elections for university constituencies ...... 279
PART IV.
REDISTRIBUTION OF SEATS.
37. Redistribution of seats .. 282
PART V.
GENERAL.
38. Punishment of offences committed outside the United
Kingdom 283
39. Re-arrangement of polling districts to suit new con-
stituencies 303
40. Regulations to be laid before Parliament 304
41. Interpretation 305
CONTENTS. IX
PART V. continued.
SECTION PAGE
42. Adaptation of Acts 308
43. Application to Scotland 309
44. Application to Ireland 326
45. Application of Act to the Isles of Scilly 335
46. Commencement of Act and first register 336
47. Repeal and short title 337
SCHEDULES.
."First Schedule Registration Rules 339
Second Schedule Modifications of the Ballot Act, 1872
(First Schedule) 357
Third Schedule Provisions as to Voting by Proxy 359
Eourth Schedule Provisions to be substituted for Part IV.
of the Eirst Schedule to the Corrupt Practices Act,
1883, and for paragraph (3) of Part V. of the same
Schedule 363
Fifth Schedule Part I. Provisions as to University Elec-
tions other than Scottish University Elections 364
Part II. Provisions as to Scottish University
Elections 373
Sixth ScheduleAdaptation of Acts 386
Seventh Schedule Returning Officers for Scottish Con-
stituencies situated in more than one SherifEdom 391
Eighth Schedule Enactments Repealed 391
Ninth Schedule Redistribution of Seats . 403
Appendix I. Orders in Council, Directions of Local
Government Board, &c 555
Appendix II. County Court Rules and Eules of the
Supreme Court 636
Appendix III. Statutes 672
Appendix IV. Draft Rules as to Proportional Representa-
tion 718
Appendix V. Report of the Speaker's Conference 737
Appendix VI. (Supplementary to Appendix I.) Additional
Orders in Council 747
INDEX.
XI
TABLE OF CASES.
ief facts of the case are set out on the pages in the text
which in this table are in heavy type,']
PAGE
Adams v. Ford (1885), 16 Q. B. D. 239; 55 L. J. Q. B. 13;
49 J. P. 711; 53 L. T. 666; 34 W. E. 64; Colt. 403... 54
Aitchison v. Lothian (1890), 18 Ct. of Sess. Oases (4tli
Series), 337 55
Allan v. Liverpool: Inman v. Kirkdale (1874), L. E. 9 Q. B.
180; 43 L. J. M. 0. 69; 30 L. T. 93; 22 W. E. 330... 58
Allchurch v. Hendon Union, (1891) 2 Q. B. 436; 61 L. J.
M. 0. 27, 65, 450; 40 W. E. 86 21, 51
Anekeiill v. Baylis (1882), 10 Q. B. D. 577; 52 L. J. Q. B.
HJ4; 48 L. T. 342; 31 W. E. 233; Colt. 289; S. 0.,
sub nom. Ancketill v. Roberts, 46 J. P. 791 58
Banbury (1797), Heywood, 318 , 5
Barlow v. Smith (1892), Fox & S. 293 11
Barnett v. Hickmott, (1895) 1 Q. B. 691; 64 L. J. Q. B.
407; 72 L. T. 236; 43 W. E. 284; Eox & S. 412 52
Barrow-in-Furness (1886), 4 0. & H. 76 238, 241, 263
Beal v. Ford (1877), 3 C. P. D. 73; 42 J. P. 119; 47 L. J.
0. P. 56; 37 L. T. 408; 26 W. E. 146; 2 Hop. & C,
374 12
Beal v. Town Clerk of Exeter (1887), 20 Q. B. D. 300; 57
L. J. Q. B. 128; 58 L. T. 407; 36 W. E. 507; Scott
Fox, 31 15
Beauchamp (Earl of) v. Overseers of Madresfield (1872),
L. E. 8 0. P. 245; 37 J. P. 39; 42 L. J. C. P. 32;
27 L. T. 606; 21 W. E. 124; 2 Hop. & C. 41 5,42,68
Bedford (1833), 0. & E. 98 5
Bedfordshire (1785), Burgess's Case, 2 Lud. E. C. 567 ... 5
Berwick-on-Tweed (1880), 3 O. & H. 219 197
Xll TABLE OF CASES.
PAGB
Bond v. Overseers of St. George's, Hanover Square (1870),
L. E. 6 0. P. 312; 35 J. P. 88; 40 L. J. C. P. 47; 23
L. T. 494; 19 W. E. 101; Hop. & 0. 427 14
Boon v. Howard (1874), L. E. 9 0. P. 277; 38 J. P. 678;
43 L. J. C. P. 115; 30 L. T. 382; 22 W. E. 535; 2
Hop. & C. 208 21, 50
Bowden v. Besley (1888), 21 Q. B. D. 309; 59 L. T. 219; 57
L. J. Q. B. 473; 36 W. E. 889; 52 J. P. 536 266
Bridgwater (1803), 1 Peck, 108 : 5
Bristol (Marquis of) v. Beck (1907), 96 L. T. 55; 71 J. P.
99; 23 T. L. E. 224 5
British Industry Life Assurance Co. v. Ward (1856), 17
C. B. 644 138
Buckrose (1.886), 4 O. & H. 110 191, 193
Burgoyne v. Collins, 8 Q. B. D. 450; 51 L. J. Q. B. 335; 30
W. E. 923; 46 J. P. 390 266
Campbell v. Morris (1895), 23 Ct. of Sess. Gas. (4th Series)
118 52
Cawley v. Furnell (1851), 12 C. B. 291; 20 L. J. 0. P.
197; 15 Jur. 908 138
Chorlton v. Lings (1868), L. E. 4 0. P. 374; 32 J. P. 824;
38 L. J. C. P. 25; 19 L. T. 534; 17 W. E. 284; 1
Hop. &C. 1 68
Oirencester (1893), 4 O. & H. 196 187, 195
Clutterbuck v. Taylor, (1896) 1 Q. B. 395; 60 J. P. 278; 65
L. J. Q. B/314; 74 L. T. 177; 44 W. E. 531; 12
T. L. E. 235; 1 Smith Eeg. 59, 61 53
Oockermouth (1901), 5 0. & H. 156 262, 274
Cox v. Davies, (1898) 2 Q. B. 202; 67 L. J. Q. B. 95; 14
T. L. E. 427 266
Cook v. Humber (1861), 11 C. B. (N. S.) 40; 31 L. J. 0. P.
73; 5 L. T. 838; 10 W. E. 427; 8 Jur. (N. S.) 698;
K. & G. 413 16, 17, 18, 19, 20, 21, 22, 25,
37, 46, 49, 51, 59
Cook v. Butler (1872), L. E. 8 C. P. 256; 37 J. P. 133;
42 L. J. C. P. 25; 27 L. T. 548; 21 W. E. 73; 2
Hop. & C. 22 30
Gory v. Bristow (1877), 2 App. Gas. 27; 46 L. J. M. 0.
273; 36 L. T. 595; 25 W. E. 283 58
Cuthbertson v. Parsons (1852), 12 0. B. 304; 21 L. J. C. P.
165; 16 Jur. 360 138
TABLE OF CASES. Xlll
PAGE
Daniel v. Coulsting (1845), 7 M. & G. 122; 14 L. J. C. P.
70; 8 Sco. N. E. 949; 9 Jur. 258; 1 Lut. E. 0. 230;
Bar. & Arn. 380 2
Dodds v. South Shields Union, (1895) 2 Q. B. 133; 64 L. J.
Q. B. 508; 72 L. T. 645; 59 J. P. 452; 43 W. E. 572;
14E. 422 31
Donoghue v. Brook (1887), 57 L, J. Q. B. 122; 58 L. T.
411; Scott Fox, 100 56
Douglas v. Smith, (1907) 1 K. B. 126; 23 T. L. E. 612 ... 59
Dover v. Prosser, (1904) 1 K. B. 84; 68 J. B. 37; 73 L.J.
K. B. 13; 89 L, T. 724; 52 W. E. 140; 1 Smith Eeg.
313 55
Downing v. Luckett (1847), 5 0. B. 40; 17 L. J. C. P.
31; 10 L. T. (0. S.) 264; 11 Jur. 993; 2 Lut. E. C.
33 2T
Duffy v. Chambers (1889), L, E. Ir. 100 56
%
Bast Dorset (1910), 6 O. & H. 39 242, 249, 273, 27T
Elgin & Nairn (1895), 5 0. & H. 13 234, 243, 244, 248
Exeter (1911), 6 O. & H. 232 186, 194, 198
Falconer v. Dunlop (1890), W. N. (1897) 124; 18 Ct. of
Sess. Oas. (4th Series) 342 14
Furguson v. Black (1889), 26 L. E. Ir. 100 56
Finsbury (1892), 4 O. & H. 176 239
Ford v. Barnes (1885), 16 Q. B. D. 257; 55 L. J. Q. B.
25; Colt. 397 56
Ford v. Drew (1879), 5 0. P. D. 59; 44 J. P. 58; 49 L. J.
0. P. 172; 41 L, T. 478; 28 W. E. 137; 1 Colt. 1 15
Ford v. Hart (1873), L. E. 9 0. P. 273; 38 J. P. 216;
43 L, J. C. P. 24; 29 L. T. 685; 22 W. E. 159; 2
Hop. & 0. 167 15
Ford v. Pye (1873), L. E. 9 0. P. 269; 38 J. P. 136; 43
L. J. 0. P. 21; 29 L. T. 684; 22 W. E. 159; 2
Hop. & 0. 157 15
Gledhill v. Orowther (1889), 23 Q. B. D. 136; 58 L. J.
Q. B. 327; 60 L. T. 866; 53 J. P. 677 267
Great Northern Eailway Co. v, "Eimel (1856), 18 0. B.
575 138
Great Yarmouth (1906), 5 0. & H. 193 249, 253, 254, 273
XIV TABLE OF CASKS.
PAGE
Haggerston (1893), 5 O. & H. 72 250
Harford v. Linskey, (1899) 1 Q. B. 852; 58 L. J. Q. B.
599; 80 L. T. 417; 63 J. P. 263; 15 T. L. E. 306 269
Harmon v. Park (1881), 7 Q. B. D. 769; 50 L. J. Q. B.
725; 45 L. T. 174; 45 J. P. 174 266
Harris v. Amery (1865), L. B, 1 0. P. 148; 35 L. J. 0. P.
89; 13 L. T. (N. S.) 504; 14 W. E. 199; 12 Jur.
(N. S.) 165; Hop. & Ph. 294 35, 57
Haswell v. Stewart (1874), 1 Ct, of Sess. Oas. 925, 231 ... 190
Hayward v. Scott (1879), 5 C. P. D. 231; 44 J. P. 122;
49 L. J. 0. P. 167; 28 W. E. 988; 1 Oolt. 76 4
Heath v. Haynes (1857), 3 0. P. (N. S.) 389; 27 L. J.
C. P. 50; 30 L. T. (0. S.) 134; 6 W. E. 52; 4 Jur.
(N. S.) 664; K. & Gk 99 47
Henrette v. Booth (1863), 15 0. B. (N. S.) 500; 28 J. P.
120; 33 L. J. 0, P. 61; 9 L. T. 392; 12 W. E. 173;
9 Jur. (N. S.) 1293; Hop. & Ph. 23 ...17, 18, 22, 49, 51
Holland v. Chambers, Devine's Case, (1894) 2 I. E. 442... 28, 46
Holland v. Chambers, John Doherty's Case, (1894) 2 I. E.
285 47
Howes v. Turner (1876), 1 0. P. D. 670; 45 L. J. 0. P.
550; 35 L, T. 58 269
Inman v. Kirkdale (1874), L. E. Q. B. 180; 43 L. J.
M. C. 69; 30 L. T. 93; 22 W. E. 330 58
Ipswich (1886), 4 0. & H. 74 241
Isaacson v. Durant (1886), 17 Q. B. D. 54; 55 L. J. Q. B.
331; 54 L. T. 684; 34 W. E. 527 5
.Jones v. Pritchard (1868), L. E. 4 C. P. 414; 33 J. P.
118; 38 L. J. C. P. 67; 19 L. T. 563; 17 W. E. 175;
1 Hop. & C. 91 57
Keith v. Twentieth Century Club (1904), 90 L. T. 775 ... 58
Kennington (1886), 4 0. & H. 93 258
Kontr. Fittall (No. 1), (1906) 1 K. B. 60; 69 J. P. 428;
75 L. J. K. B. 310; 94 L. T. 76; 54 W. E. 225; 1
Smith Eog. 417 54, 58.. 59, 70
Lancaster (1896), 5 O. & H. 45 247
Law Exporting Council, Re (1888), 22 Q. B. D. 291 ... 35
TABLE OF CASES. XV
PAGE
Lichfield (1895), 5 O. & H. 28 236, 246, 259
Londonderry (1886), 4 0. & H. 96 4
M'Quade v. Charlton, (1904) 2 I. E. 383 53
Mackay v. McGhiire, (1891) 1 Q. B. 250; 55 J. P. 214; 60
L. J. Q. B. 24; 64 L. T. 83; 39 W. B. 109; 7
T. L. R. 55; Fox, 201 48
Maidstone (1906), 5 O. & H. 200 273
Middlesex (1804), Seaman's Case, 2 Peck. 118 5
Mersey Docks v. Liverpool (1873), L. R. 9 Q. B. 84;
43 L, J. M. 0. 33; 29 L. T. 454; 22 W. B. 184 31
Monks v. Dykes (1839), 4 M. & W. 567 59
Monks v. Jackson (1876), 1 0. P. D. 683; 46 L. J. 0. P.
162; 35 L. T. 95 266, 269
Morish v. Harris (1865), L. B. 1 0. P. 155; 14 W. B.
479; 12 Jur. (N. S.) 627; S. 0., sub nom. Norris v.
Harris, 35 L. J. 0. P. 101; 13 L. T. 762; Hop. &
Ph. 305 27
Naif v. Mutter (1862), 31 L. J. 0. P. 359 11
Norwich (1886), 4 0. & H. 85 249, 252
Oakhampton (1791), 1 Eraser, 162 5
Pembroke (1901), 5 0. & H. 144 106, 107
Penryn (1869), 1 0. & H. 132 257
Phillips v. Goff (1886), 17 Q. B. D. 814; 55 L. J. Q. B.
512; 50 J. P. 614 187
Piercy v. Maclean (1870), L. B. 5 0. P. 252; 34 J. P.
311; 39 L. J. 0. P. 115; 22 T. L. B. 213; 18 W. B.
732; 1 Hop. & 0. 371 27
Pontardawe Rural District Council Election Petition,
(1907) 2 K. B. 313; 76 L. J. K. B. 702; 71 J. P. 371;
23 T. L. B. 538; 5 L. G. B. 1060 197
Pontefract (1895), Day's Election Oases, 129 237
Powell v, Boraston (1865), 18 C. B. (N. S.) 175; 29 J. P.
550; 34 L. J. C. P. 73; 11 L. T. 734; 13 W. B. 465;
11 Jur. (N. S.) 160; Hop. & Ph. 179 48
Powell v. Fanner (1865), 18 C. B. (N. S.) 71; 29 J. P.
536; 34 L. J. 0. P. 71; 11 L. T. 736; 13 W. B. 467;
11 Jur. (N. S.) 162; Hop. & Ph. 172 27
XVI TABLE OF CASES.
PAGE
Powell v. Guest (1865), 11 C. B. (N. S.) 72; 29 J. P.
424; 34 L. J. C. P. 69; 11 L. T. 599; 13 W. E. 274;
10 Jur. (N. S.) 1238; Hop. & Ph. 149 13, 15
Pritchard v. Mayor of Bangor (1888), 13 A. C. 241; 57
L. J. Q. B. 313; 58 L, T. 502; 52 J. P. 564; 37 W. E.
103 (H. L.) 269
Eeg. v. Exeter (Mayor of), Dipstale's Case (1868),
L. E. 4 Q. B. 114; 33 J. P. 39; 19 L. T. 432 11,12
Eeg. v. Exeter (Mayor of), Wescombe's Case (1868),
L. E. 4 Q. B. 110; 19 L, T. 397 11, 12
Eeg. v. School Board for London (1886), 17 Q. B. D. 740... 33
Eeg. v. St. Pancras (Assessment Committee) (1877), 2
Q. B. D. 581; 46 L. J. M. 0. 243; 37 L. T. 126; 25
W. E. 827 26
Eeg. v, Southampton Docks (1851), 17 Q. B. 83; 20 L. J.
M. 0. 155 32
Eendlesham (Lord) v. Haward (1873), L. E. 9 C. P. 252;
43 L. J. C. P. 33; 22 W. E. 157; 2 Hop. & C. 175;
S.C., sub nom. Eendlesham (Lord) v. Tabor, 29 L. T.
679 5
Eex v. The Inhabitants of St. Nicholas (1833), 5 B. & Ad.
226 25
Eochester (1892), 4 0. & H. 158 259, 272, 277
Eochester (1892), Day's Election Oases, 102 -. 24O
Eogers v. Harvey (1858), 5 C. B. N. S. 3; 28 L. J. C. P.
17; 32 L. T. (O. S.) 106; 7 W. E. 17; 5 Jur. (N. S.)
199; K. & G. 169 47
St. George's (1895), 5 O. & H. 114 255
Smith v. Anderson (1880), 15 C. D. 247; 50 L, J. Ch.
39; 43 L. T. 329; 29 W. E. 21 34, 36
Spittal v. Brook (1887), 18 Q. B. D. 426; 56 L. J. Q. B.
48; 35 W. E. 520; Scott Pox, 22 56
Stepney (Borough) (1892), Day's Election Cases, 119 240,
257, 261
Stepney Division (1886), 4 O. & H. 33 188, 189, 192, 193,
195, 238, 263
Stowe v. Joliffe (1874), L. E. 9 C. P. 734; 43 L. J. C. P.
265; 30 L. T. 795; 22 W. E. 911 4, 5, 104
Strachan v. Binnie (1888), 15 Ct. of Sess. Cas. 308 28, 46
Stribling v. Halse (1885), 16 Q. B. D. 246; 55 L. J. Q. B.
15; 54 L. T. 568; Colt. 409 53
TABLE OF CASES. XVII
PAGE
Tanner i>. Carter (1885), 16 Q. B. D. 231; 55 L. J. Q. B.
27; 53 I/. T. 663; 34WJE. 41; Oolt. 435 13
Taylor v. Oaldwell (1863), 3^ B. & S. 826 58
Taylor v. Overseers of St. Mary Abbotts, Kensington (1870),
L. E. 6 C. P. 309; 35 J. P. 39; 40 L, J. C. P. 45;
23 L. T. 493; 19 W. E. 100; 1 Hop. & C. 421 14
Thompson t>. Ward (1871), L. E. 6 0. P. 327; 35 J. P. 582;
40 L. J. C. P. 169; 24 L. T. 679; 1 Hop. & C. 530 ...50, 51
Walsall (1892), 4 O. & H. 125 246, 248
Watkins v. Milton, &c. Overseers (1868), L. E. 3 Q. B.
356; 37 L. J. M. C. 73; 18 L. T. 601; 16 W. E. 1059... 58
Watson v. Cotton (1847), 5 C. B. 51; 17 L. J. C. P. 68; 11
Jur. 1106; 2 Lut. E. 0. 53 27
West Bromwich (1911), 6 O. & H. 256 198, 199, 2OO
Whithorn v. Thomas (1844), 14 L. J. C. P. 38; 7 M. & G.
1; 8 Sco. N. E, 783; 8 Jur. 1008; 1 Lut. E. C. 125;
Bar. & Arn. 259 11, 12, 16
Wigtown (1874), 2 O. & H. 215 183, 185, 188, 191, 195, 198
Woodward v. Sarsons (1875), L. E. 10 0. P. 733; 44 L. J.
0. P. 293; 32 L. T. 867 184, 185, 187, 189,
190, 191, 193, 198
Worcester (1880), 3 O. & H. 184 7, 8
Wright v. Stavert (1859), 2 E. & E. 121; 29 L. J. Q. B.
161; 6 Jur. (N. S.) 867; 8 W. E. 413 58, 59
F.
( xix )
LIST OF ABBREVIATIONS.
A. & E. Adolphus and Ellis.
A. C Law Reports, Appeal Cases.
B. & Ad Barnewall & Adolphus.
B. Aid Barnewall and Alderson's Reports
Bench).
B. & Arn Barren and Arnold.
B. & Aust Barron and Austen.
B. & B Broderip and Bingham.
B. & C Barnewall & Cresswell.
B. & P Bosanquet and Puller.
B. & S Best and Smith.
Beav Beavan.
Bing Bingham.
Bing. N. C Bingham (New Cases).
. & I. P Corrupt and Illegal Practices.
C. A Court of Appeal.
C. C County Court.
C. J Chief Justice.
C. B Common Bench Reports.
<3. B. (N: 8.) Common Bench Reports, New Series.
C. & D Corbett and Daniell.
C. M. & R Crompton, Meeson, and Roseoe.
C. & P Carrington & Payne.
0. & B Cockburn and Rowe's Election Cases, 1833.
C. P. D The Law Reports, Common Pleas Division.
Clerk, El Clerk on Elections and Election Committees
Ct. of Sess Court of Session Cases.
Dalton Dalton's Office of Sheriff (2nd ed.), 1700.
Day's E. C Day's Election Cases.
Dougl Douglas.
E. Ac B Ellis and Blackburn.
Ex. D The Law Reports, Exchequer Division.
Falc. & F Falconer and Fitzherbert.
Fras Fraser.
Olanv Glauville.
h 2
XX LIST OF ABBREVIATIONS.
Hansard ' Parliamentary Debates.
Hop. & C ........... Hop wood and Coltman's Registration
H. L ............... House of Lords.
H. L. C ........... Clarke's House of Lords Cases.
Heyw. Bo ........... Hey wood on Borough Elections, 1797.
Heyw. Co ........... Heywood on County Elections (2nd ed.), 1812 .
Hob ............... Hobart's Reports, temp. Elizabeth and James I.
Hawk. P. C ......... Hawkins' Pleas of the Crown.
Ir. C. L. R ......... Irish Common Law Reports.
Ir. L. R. (N. S.) .... Irish Law Reports, New Series.
J ................... Justice.
J. P ............... Justice of the Peace.
Journ ............... Journals of the House of Commons.
Judg ............... Judgments of the Election Judges, reported
and printed by order of House of Commons.
See Parliamentary Elections Act, 1868, s. 24.
Jur ................. Jurist Reports, 183754.
K. B ............... King's Bench.
K. B. D ........... The Law Reports, King's Bench Division.
K. & G ............. Keane and Grant.
K. & O ............. Knapp and Ombler's Election Cases, 18345.
L. & S ............. Lacey & Smith.
L. JJ ............... Lords Justices.
L. J., Ch ........... Law Journal Reports, Chancery.
L. J., C. P. . . ^ ..... Law Journal Reports, Common Pleas.
L. J., M. C ......... Law Journal Reports, Magistrates' Cases.
L. J., K. B ......... Law Journal Reports, King's Bench.
L. J., Q. B ......... Law Journal Reports, Queen's Bench.
L. R., C. P ......... The Law Reports, Common Pleas.
L. R. , Ex. , ........ The Law Reports, Exchequer.
L. R., H. L ......... The Law Reports, House of Lords.
L. R., Q. B ......... The Law Reports, Queen's Bench.
L. R., K. B ......... The Law Reports, King's Bench.
L. T ............... Law Times.
L. T. Jo ..... , ..... Law Times Journal.
Lev ..... , ......... Levinz.
Lud. .............. Luder's Election Cases, 1784 7.
M. & S ............. Maule & Selwyn.
M. & W ........... Meeson and Welsby.
Male .............. Male on Elections.
May's Parl. Pract. . . May's Parliamentary Practice.
M. C. A ........... The Municipal Corporations Act, 1882.
Min ............... Minutes of Evidence taken by shorthand
writers before Election Committees, but not
printed.
Mod ............... Modern (King's Bench) Reports, 16691732.
LIST OF ABBREVIATIONS. XXI
O. & H O'Malley and Hardeastle'a Reports of Election
Petitions.
Orme Orme on Elections.
P. P Parliamentary Papers.
P. & K Perry and Knapp's Election Cases.
P., R., & D Power, Rodwell, and Dew's Election Cases.
Peck Peckwell's Election Cases.
Phill Phillips' Election Cases.
Plowd Plowden.
Print. Min Minutes of Evidence taken by shorthand writers
before Election Committees, and printed by
order of the House of Commons.
Q. B Queen's Bench Reports.
Q. B. D The Law Reports, Queen Bench Division.
R Rettie's Court of Session Cases.
R. S. C Rules of the Supi'eme Court.
Roe Roe on Elections.
8. C Same Case.
Sch Schedule.
Sim Simeon on Elections, 1789.
Steph. Law of El. ... Stephens' Law of Elections, 1840.
Str Strange.
T. R Term Reports.
T. L. R Times Law Reports.
Ves Vesey.
Ves., jun Vesey junior.
W. N Law Reports, Weekly Notes.
W. R Weekly Reporter.
W. & Br Wolferstan and Bristowe's Election Cases.
W.&D Wolferstan and Dew's Election Cases.
Whitelocke Whitelocke on the King's Writ for choosing
members to serve in Parliament, sometimes
called Whitelocke on Government, 1766.
Wight Wight on Scotch Parliaments and Elections.
( xxiii )
INTRODUCTION.
THIS Act, which consists of forty-seven sections
and nine Schedules, is the third Reform Act since
the passing of the Reform Act, 1832, the other
Acts being those of 1867 and 1884.
The present Act is much more comprehensive,
and introduces greater changes than any of its
predecessors. It deals with the Parliamentary
and local government franchise, registration,
method and costs of election, and redistribution.
In order to realise how large a measure of
enfranchisement is given by the present Act as
compared with former Acts, the following facts
may be pointed out. Before 1832 there were less
than 500,000 parliamentary electors, and the
Reform Act of 1832 only added 500,000 more,
so that the total number of electors in 1832 was
less than 1,000,000 out of a population of about
24,000,000. The Reform Act of 1867 added
about 1,500,000 electors, making a total of
2,500,000 electors out of a population as it then
was of about 30,000,000. The Act of 1884 added
some 3,000,000 electors, making a total of
X XIV INTRODUCTION.
o,500,000 on the register out of a population
which was then 34,000,000. According to the
Home Office Return for 1915, the electorate was
8,357,000 out of a population of 43,500,000.
Under the present Act at least 3,000,000 men and
6,000,000 women will, it is estimated, be added
to the register as parliamentary electors.
From a historical point of view the present Act
owes its origin to the fact that it was universally
recognised that the electors of members to serve
in the future Parliament which would have to
deal with questions of reconstruction after the
War, must include those who had fought for
their country in the War. An attempt was
made to attain this object by a separate Bill,
but it was found impracticable to introduce
changes of this kind without dealing generally
with the subject of the franchise. His Majesty's
Government accordingly invited the Speaker of
the House of Commons to select a number of
members of the House of Commons, representa-
tive of all shades of opinion, to draft recommenda-
tions which might form the basis of a Bill dealing
with the whole subject of the representation of
the people. In pursuance of this request the
Speaker held a Conference which issued a Report*
containing various recommendations, the great
majority of which were unanimous. Although,
* For this Report, see Appendix V., pp. 737746, infra.
INTRODUCTION. XXV
in consequence of the Amendments which were
adopted in the course of its passage through Par-
liament, the present Act differs in several points
from the recommendations contained in the
Report of the Speaker's Conference, it is in
substance based upon it.
The most sweeping change which the Act
introduces is the admission of women to the
Parliamentary franchise, whilst the difficult ques-
tion of the enfranchisement of soldiers, sailors,
and others serving in connection with the War,
is solved by giving them the franchise for the
'Constituency in which but for their service in
connection with the War they would have been
entitled to vote, or, as an alternative, for the
constituency (if any) in which they happen to
have an actual qualification.
The present Act sweeps away all the qualifi-
cations for the franchise which previously existed;
it repeals no less than fifty statutes and modifies
fifty-seven others.
Under the previously existing law there were
seven alternative qualifications for the Parlia-
mentary franchise :
(1) The household qualification, by far the
most important, which dated, as regards
boroughs, from 1867, and as regards
counties from 1884;
XXVI INTRODUCTION.
(2) the qualification in respect of occupation
of land or tenements of the value
of !()/.;
(3) the 50/. rental qualification as modified by
the Act of 1884; this qualification was
rapidly dying out ;
(4) the lodgers' qualification ;
(5) the service qualification ;
(6) the ownership voters' qualification. It is
worth noting, as a matter of historical
interest, that amongst these voters was
the 40*. freeholder, who survived three
Reform Acts and who dated back to the
reign of Henry VI. ;
(7) the university qualification.
In place of these seven franchises, the present
Act substitutes, as regards men, three alternative
qualifications only :
(1) the residence qualification; which in-
cludes the householders, the lodgers,
and the service voters, and also many
residents who were not in any existing
class of voters. There is no require-
ment for tne qualifying premises under
this head to be of any minimum yearly
value, nor for rating or payment of
rates ;
(2) the business premises qualification, which
INTKODUCilON. XXV11
involves the occupation for the purposes
of business, trade, or profession, of land
or premises of the annual value of not
less than 10/. ;
('|) the university qualification, which is en-
larged by the inclusion of ail those who
have taken degrees (other than honorary
degrees) at a university.
Not only are the franchises different to those
previously in existence, but the period of qualifi-
cation has been shortened from one year to six
months ; there being two qualifying periods during
the year -one ending on loth January, the other
on loth July.
During these six months, electors must have
been resident, or occupying land or premises,
either in the constituency or in any constituency
in the same Parliamentary borough or county or
in a contiguous borough or county, so that it will
be 'seen that successive occupation in a largely
extended form will be permitted.
As regards the Parliamentary franchise for
women, the Act confers this only on women who
have attained the age of 30. In constituencies
other than university constituencies there are two
alternative qualifications which are as follows :
(1) the woman must be entitled to be registered
as a local government elector in respect
of the occupation of a dwelling-house
XXV 111 INTRODUCTION.
(irrespective of value) or of land or pre-
mises (other than a dwelling-house) of a
yearly value of not leas than 5/. ; or
(2) she must be the wife of a man who is
entitled to be so registered.
The university franchise is conferred on all
women of the requisite age who have obtained a
degree, or, at Oxford or Cambridge, have passed
the final examination and kept the necessary
residence.
As was pointed out above, it is estimated that
the women's franchise will add to the register
of parliamentary electors at least 6,000,000 voters,
of whom about 5,000,000 will come on the
register by virtue of their husbands' qualification.
As regards the local government franchise,
under the previously existing law the qualification
to vote for county and borough councils outside
London was substantially a pure occupation fran-
chise, and differed from the qualification for
London county and borough councils and for
district and parish councils, where there was not
only the occupation qualification but also the
qualification of owners and lodgers. Under the
present Act there is a uniform occupation fran-
chise for all local government electors, including
in the term u occupation " lodgers in a room or
rooms let to them in an unfurnished state. The
local government franchise is conferred on women
INTRODUCTION. XXIX
at the same age (21) and on equal terms with men,
with the addition that a woman may be registered
and vote by virtue of her husband's qualification
in respect of premises in which they both reside
if she has attained the age of thirty years.
It is estimated that the present Act will add
about 5,000,000 women to the register of local
government electors.
Turning to the subject of registration, the Act
adopts a course which has often been recom-
mended, viz., a system of official registration, and
throws upon the appointed officers the obligation
of making up the registers (of which there are two
in every year) and keeping them complete. The
office of revising barrister is abolished, and the
consideration of claims and objections is entrusted
to the registration officer himself with the right of
an appeal from his decision to the County Court t
and from the County Court, on questions of law
alone, to the Court of Appeal.
With regard to methods of election, the much
discussed principle of Proportional Representation
together with that of the alternative vote, both of
which the Speaker's Conference recommended,
did not find much favour with the House of Com-
mons. The alternative vote has been entirely
rejected and Proportional Representation has been
retained only as regards university constituencies.
An important innovation is made by the pro-
XXX INTRODUCTION.
visions allowing, in certain cases, votes to be
given by post by absent voters, and also voting
by proxy.
At a General Election polls are all to be taken
on one day, and plural voting has been further
greatly curtailed since no elector may under any
circumstances give more than two votes at such
an election.
The returning officers' expenses are to be paid
by the State. A candidate is to make a deposit
which shall be returned to him if he has polled
not less than one-eighth of the votes.
The scale of election expenses is reduced, and
certain expenditure by unauthorised persons is
prohibited.
The present Act carries out a great scheme of
Redistribution. Following the recommendation
of the Speaker's Conference it has been sought to
make each vote command as far as possible an
equal share of representation in the House of
Commons. The standard unit of population
represented by one member of the House of
Commons has been taken at 70,000, although
boroughs with not less than 50,000 inhabitants
keep their separate representation.
Forty-four boroughs have lost their separate
representation, including ancient boroughs such
as Canterbury, Windsor, Chester, Durham, Win-
chester, Shrewsbury and Lichfield, but the
INTRODUCTION. XXXI
representation of the boroughs as a whole is
increased by thirty-six members. On the other
hand the counties lose five members whilst the
universities gain six. Ireland is not included in
the Redistribution Scheme under the present Act,
but Redistribution there is dealt with by the
Redistribution of Seats (Ireland) Act, 1918.
The effect of the two Acts is to increase the
membership of the House of Commons by thirty -
fleven members ; thirty-one of these representing
English, two Scottish, two Welsh, and two Irish
constituencies. The total number of members
of the House of Commons will in future Parlia-
ments be 707.
N.B. In the Notes to the Sections, when the actual
words of the sections commented on are quoted
for the first time, they are printed in heavy type.
ADDEND U M.
REGISTRATION DATES.
SINCE going to press the following Order dated 10th July, 1918
(R. P. 39), altering certain registration dates (see pp. 128 129,
748, 749, 750, 752) in connection with the first register under the
Act has been made by the Local Government Board:
"Whereas by sub-section (3) of Section 46 of the Representa-
tion of the People Act, 1918 (herein-after referred to as 'the Act'),
it is provided that if any difficulty arises as to the preparation of
the First Register to be prepared under the Act (herein-after
referred to as 'the First Register'), We, the Local Government
Board, may by Order do any mattsr or thing which appears- to Us
necessary for the proper preparation of the First Register;
And whereas by virtue of an Order in Council dated the 4th
day of June, 1918 (a), and made under the powers conferred by the
Act the documents mentioned in Schedule A to this Order are, as
respects the First Register, to be kept published in England and
Wales until the dates specified in the second column of that
Schedule and in connection with the First Register the registra-
tion dates referred to in Schedule B to this Order are the dates
specified in the second column of that Schedule;
And whereas difficulties have arisen in connection with the
preparation of the First Register, and it appears to Us necessary
for the proper preparation of the First Register that the above-
mentioned dates should be altered:
Now therefore, in pursuance of Our powers in that behalf, We,
by this Our Order, Direct as follows:
ARTICLE I. The dates specified in the third column of
Schedules A and B to this Order shall be respectively substituted
for the dates specified in the second column of those schedules,
and the above cited Order in Council shall be read and have effect
accordingly.
ARTICLE II. This Order may be cited as the First Register
(Alteration of Dates) Order, 1918."
(a) See Order in Council dated June 4th, 1918, rule 1, p. 748, First
Schedule, p. 750, also rule 6 and Fifth Schedule, set out on pp. 128129,
and on pp. 749, 752.
ADDENDUM.
SCHEDULE A.
PUBLICATION OF DOCUMENTS.
Nature of Document.
Date specified in
Order in Council .
Electors Lists (First Schedule, Rule 6) . . .
Notice as to mode of making claims and
objections (First Schedule, Rule 6).
Corrupt and Illegal Practices Lists (Fir.st
Schedule, Rule 8).
List of Claimants (First Schedule, Rule 11).
List of persons to whose registration notice
of objection has been given (First
Schedule, Rule 14).
18th July.
1st August.
18th July.
1st August.
1st August.
Subs, ituted Date.
26th July.
9th August.
26th July.
9th August.
9th August.
SCHEDULE B.
REGISTEATION DATES.
Subject-matter.
Date specified in
Order in Council.
Substituted Date.
Last day for objections to electors lists ....
Last day for claims .
10th July.
17th July.
18th July.
25th July.
Last day for claims as absent voters
31st July.
8th August.
Publication of list of objections to electors
lists.
Publication of list of claimants
19th July.
25th July.
27th July.
2nd August.
Last day for objections to claimants
Pu-blication of list of objections to claimants
(as soon as practicable after).
31st July.
31st July.
8th August.
8th August.
In consequence of the alteration of some of the dates referred to
in Schedule B above, the following County Court Rule, amending
paragraph 3 of Rule 9 of the County Court (Registration Appeals)
Rules, 1918 (set out on p. 640), has been made:
" The words ' the ninth and the twenty-eighth days of September '
shall be substituted for the words ' the second and the twenty-first
days tff September ' in paragraph 3 of Rule 9 of the County Court
(Registration Appeals) Rules, 1918."
REPRESENTATION OF
ACT, 1918.
(8 GEO. V. c. 64.)
An Act to amend the Law with respect to
Parliamentary and Local Government Fran-
chises, and the Registration of Parliamentary
and Local Government Electors, and the
Conduct of elections, and to provide for the
Redistribution of Seals at Parliamentary
Elections, and for other purposes connected
therewith.
BE it enacted by the King's most Excellent
Majesty, by and with the advice and consent
of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assem-
bled, and by the authority of the same, as
follows :
PART I.
[Sections 1 10.]
FRANCHISES.
1. (1) A man shall be entitled to be sect, i.
registered as a parliamentary elector for a
constituency (other than a university con-
stituency) 1 if he is of full age 2 and not subject
to any legal incapacity 3 and
(a) has the requisite residence qualifica-
tion 4 ; or
1 See p. 3, footnote (), infra. '* See p. 4, infra.
3 See pp. 48, infra. 4 See pp. 924, infra.
F 1
OF THE PEOPLE ACT, 1918.
requisite business premises
qualification. 5
(2) A man, in order to have the requisite
residence qualification or business premises
qualification for a constituency
(a) must on the last day of the qualifying
period be residing in premises in
the constituency, 6 or occupying
business premises in the constitu-
ency, 7 as the case may be ; and
(b) must during the whole of the quali-
fying period have resided in pre-
mises, 8 or occupied business pre-
mises, 9 as the case may be, in the
constituency, or in another con-
stituency within the same parlia-
mentary borough 10 or parliamentary
county, 11 or within a parliamentary
borough or parliamentary county
contiguous to that borough or
county, or separated from that
borough or county by water, not
exceeding at the nearest point six
miles in breadth, measured in the
case of tidal water from low-water
mark.
* See pp. 2437, infra. ami Ninth Sched., pp. 404481,
8 See pp. 9 16, infra. infra.
7 See pp. 2437, infra. u See sect. 37 (2), p. 282, infra,
* See pp. 924, infra. and Ninth Sched., pp. 482554,
8 See pp. 2437, infra-. infra.
10 See sect. 37 (1), p. 282, infra,
SECTION 1.
For the purposes of this subsection the sect. i.
administrative county of London shall be
treated as a parliamentary borough.
(3) The expression "business premises"
in this section means land or other premises
of the yearly value of not less than ten
pounds occupied for the purpose of the busi-
ness, profession, or trade of the person to be
registered. 12
NOTE. Sect. 1 set out above states the con-
ditions which must be fulfilled in order to entitle
a male person to be registered as a parliamentary
elector for a constituency (other than a uni-
versity constituency) ().
These conditions are :
(1) He must be of full age ;
(2) He must not be subject to any legal in-
capacity ;
(3) He must have (a) the requisite residence quali-
fication or (b) the requisite business pre-
mises qualification.
12 See pp. 2837, infra.
(a) As to registration for parliamentary purposes, see Part II.
Registration, sects. 11 19 of the Act, pp. 125155, infra. The
words parliamentary elector for a constituency (other than a
university constituency) in sect. 1 (1) mean a person who is
entitled to vote at an election of a member of the House of Commons
for any constituency other than a university constituency, i.e., for
any county, borough, or combination of places returning a member
to serve in Parliament, and, where a county or borough is divided
for the purpose of parliamentary elections, a division of the county
or borough so divided. See sect. 41 (1), p. 305, infra.
1 (2)
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. i. (1) He must be of full age, -Full ago is by the
Common Law the age of 21 years, and such age
is attained on the da}' preceding the 21st anni-
versary of a person's birth (b). By sect. 41 (7)
of the Act(tf) "for the purposes of registration a
person's age shall be taken to be that person's age
on the last day of the qualifying period " (d\ i.e.
on January 15th or on July 15th according to
which of the two registers he is placed upon(is with a common staircase under one
roof, as there possibly can be. . . ."
In the same case, Williams, J., said (q) :
"I am of the same opinion. We are bound to
abide by the opinion which we expressed in Cook
v. Number (r), that part of a building may confer
the franchise if there be an entirely independent
(p) (1862), 31 L. J. C. P. 73.
(g) (1863), 33 L. J. C. P. at p, 63.
(r) (1862), 31 L. J. 0. P. 73.
2(2)
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect, i. occupation of it, and it be actually severed from
the rest of the building, so as to form, in fact, a
separate house. It is impossible to deny that
there is difficulty in saying precisely in what a
separate house consists. It is admitted, however,
that if a building be divided into what are com-
monly called chambers, these are actually severed.
Nor does it seem to me that it would necessarily
be otherwise, if there was a door which separated
all the chambers from the street, and which might
be closed if the inmates were so minded. . . ."
Keating, J. ? said (s) : " The cases necessarily
run very close to each other. But looking to the
facts as found in this case, I come to the conclu-
sion, without difficulty, that this voter was the
tenant of a house within the meaning of the
statute, as explained in Cook v. Humber. There
was no other door between him and the street
except that leading on to the staircase ; for the
mere flap without a fastening cannot be considered
as a door for the purpose which we are now
considering."
It appears from the above judgments that
structural severance is necessary in order that
premises should be a " house" within the meaning
of sect. 27 of the Eeform Act, 1832, and by
analogy within the meaning of sect. 7 (2) of the
present Act.
The applicability of this view of the meaning
of the word " house" to the present Act is
strengthened by the fact that elsewhere in sect. 1
() (1863), 33 L. J. C. P. at p. 63.
MEANING OF " HOUSE." 21
the word " premises" is used to describe the Sect. i.
subject of residence and occupation, so that if
the Legislature had intended that the provision
now under discussion should apply to all kinds
of premises in which a man resides, the word
"premises" would have been used instead of the
word " house."
It may be well to point out that the word
" dwelling-house," which occurs in sect. 3 of the
Representation of the People Act, 1867, was
defined by sect. 61 of that Act, and that the
word "house" was defined in sect. 5 (t) of the
Parliamentary and Municipal Registration Act,
1878, and sect. 31 (a) of the Municipal Corpora-
tions Act, 1882.
The interpretation placed by the Courts on the
words " dwelling-house " and "house" in the
Acts just mentioned depended largely on the
express words of the definitions in those Acts,
and it is therefore submitted that the cases (u) in
which the words in question in those Acts were
interpreted throw no light upon the meaning of
the word "house" in the present Act. These
definitions expressly include in the meaning given
to the words "house" and "dwelling-house"
premises other than those included in the word
"house" as interpreted in the judgments in Cook
(i) Repealed by the present Act, s. 47 (1), and Eighth Schedule.
See p. 397, infra. For this definition, see p. 50, infra.
(u) Thompson v. Ward, Ellis v. Burch (1871), L. B. 6 C. P. 327 ;
Boon v. Howard (1874), L. E. 9 C. P. 277; Allchurch v. Hendon
Union, (1891) 2 Q. B. 436 (C. A.).
22 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. i. v. Humber (v) and Henrettev. Booth (%}, but it is
submitted that these judgments supply the true
test of the meaning of the word " house " in the
present Act by reason of the fact that the judges
were there construing the word in an Act which
like the present contained no definition of
" house." It should also be noticed that
sect. 41 (8) of the present Act follows the Act of
1867 in expressly including in the meaning of
the word " dwelling-house " " any part of a house
where that part is occupied separately as a dwell-
ing-house." The fact that the Acts referred to
above contained definitions of the words " house "
and " dwelling-house " and that the present Act-
deals expressly with the meaning of the word
" dwelling-house " whilst leaving the word
" house " undefined, is a strong argument against
the applicability of these definitions to the word
" house" in the present Act, and in favour of the
meaning given to the word in the judgments
mentioned above.
There would appear to be no necessity for the
four months referred to in sect. 7 (2), set out on
p. 16, supra, to be four consecutive months. It
should also be observed that the period of letting
may be more than four months in the whole
without disfranchising the elector, provided that
such period is in two and not one qualifying
period.
Further, not only is the residence of a lessor
(v] (1862), 31 L. J. C. P. 73.
(x) (1863), 33 L. J. C. P. 61.
SUCCESSIVE RESIDENCE. 23
deemed to be unbroken during the time his house Sect. l.
is let, but it is clear that the tenant may also
obtain the benefit of his residence towards his
qualification for the franchise during such time
as he resides in the house of which he is tenant.
The provision in sect. 7 (2) set out on p. 16,
supra, in so far as it deals with notice to quit, is
unnecessary in the case of residence.
As to the meaning of the word premises in
relation to the residence qualification, the Act
contains no definition, and indeed the words in
premises in sect. 1 (2) (a) appear to be surplusage.
Provided that a man resides in the constituency,
it is immaterial what is the nature or value of the
premises in which he resides.
It should also be remembered in this connection
that a man may during the course of a qualifying
period move in immediate succession from one set
of premises to another in the constituency (y\
or a neighbouring constituency as described in
sect. 2 (b), without losing his qualification, pro-
vided that he does not cease to reside.
This materially extends the meaning of what
was formerly known, in relation to the occupation
franchise, as " successive occupation." Thus,
bearing in mind that the administrative county
of London is, for the purposes of sect. 1 (2), to be
treated as a parliamentary borough, a man may
move his residence in London freely during the
qualifying period in any constituency in London.
(*/) As to the meaning of the word "constituency," see p. 3,
footnote (), supra.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect, i. He may also move, e.g., into any constituency
within the parliamentary counties of Essex or
Kent, as such parliamentary counties at some
point touch the boundaries of the administrative
county of London.
As to the manner in which a t i naval or military
voter " can obtain the residence qualification, see
sect. 5, pp. 7679, and pp. 8690, 9193,
infra.
(b) The requisite business premises qualifica-
tion. In order to have this qualification a man
(i) must on the last day of the qualifying
period be occupying business premises in the
constituency (, and (ii) must during the whole
of the qualifying period have occupied
business premises in the constituency or in
another constituency within the same parlia-
mentary borough or parliamentary county or
within a parliamentary borough or parlia-
mentary county contiguous to that borough or
county or separated from that borough or county
by water, not exceeding at the nearest point six
miles in breadth measured in the case of tidal
water from low-water mark. For this purpose
the administrative county of London shall be
treated as a parliamentary borough (2).
As to the meaning of the words on the last
day of the qualifying period, see pp. 9, 10,
supra.
(y] As to the meaning of the word "constituency," see p. 3,
footnote (it), supra.
(z) See sect. 1 (2), (b), set out on p. 2, supra.
MEANING OF OCCUPATION.
It should be noticed that in the case of the Sect. i.
business premises qualification the requirements
of sect. 1 (2) (a) are satisfied by occupation on
the last day of the qualifying period, even in the
case of successive occupation, without any addi-
tional period such as is required in the case of
the residence qualification (a).
In the case of the business premises qualifica-
tion, as in that of the residence qualification,
there is no necessity for the land or premises
occupied to be the same during the whole of the
qualifying period, provided such land or premises
are occupied in immediate succession and are
within the requisite limits (aa).
The meaning of the words occupying in sect.
1 (2) (a) and occupied in sect. 1 (2) (b), like the
meaning of " residence," raises difficulties.
In Cook v. Humber(b), Erie, C.J., in considering
the meaning of occupation in relation to sect. 27
of the Reform Act, 1832, defined " occupation "
as " actual exercise of the rights of the owner
in possession during the requisite time."
This is apparently the only judicial definition
of the word u occupation " in relation to the par-
liamentary franchise. Although it may perhaps
be doubted () whether any useful purpose is
served by referring to judgments which deal
with the meaning of the word in relation to a
(a) See pp. 10, 11, supra.
(aa) See sect. 1 (2) (b), pp. 2, 3, supra. See also pp. 2224.
(fc) (1862), 31 L. J. C. P. at p. 75.
(c) See the observations of Denman, C.J., in Rex v. Inhabitants
of St. Nicholas (ISM], 5 B. & Ad. at p. 226 ; see also p. 11, supra.
26 REPRESENTATION OF THE PEOPLE ACT, 1918.
. subject-matter other than that of the franchise,
the observations made by Lush, J., in Reg. v.
St. Pancras Assessment Committee (d) appear to be
so wide as to be worth quoting in connection
with the question now under consideration.
" Occupation includes possession as its primary
element, but it also includes something more.
Legal possession (e.g. the possession of the owner
of a vacant house) does not of itself constitute an
occupation."
The cases decided under sect. 27 of the Reform
Act, 1832 (e\ as to the meaning of occupation of
any warehouse, counting-house, shop, or other
similar building, may be usefully referred to as
throwing light on the meaning of the words
" occupying" and " occupied " in sect. 1 (2)
and (3) of the present Act. Under that section
it was decided that the occupation required need
not be actual occupation by the elector himself,
but might be constructive. Thus it was held
that there was occupation by the voter of a
warehouse, being part of a house, where his
goods were kept in the warehouse, although
no one lived in the house (/), of a counting-
house (part of a house) where he used it by
himself or his clerks for the purposes of his
business during the day, although such counting-
((/) (1877), 2 Q. B. D. at p. 588.
(?) It is submitted that the words occupying business premises
will, generally speaking, have much the *ame effect as the words
" shall occupy as owner or tenant any . . . warehouse or counting-
house, shop or other building."
(/) Daniel v. Coidsting (1845), 7 M. & Gr. 122.
MEANING OF OCCUPATION. 27
house might be locked up and left without anyone Sect. 1.
in it at night (g), of a shed on a wharf used by a
wharfinger for keeping in it his barrows, shovels
and baskets (h), of a shed used by a market
gardener for storing potatoes (*'), of a stone build-
ing on a piece of land, the building in which he
kept guano and other manure used for the pur-
poses of the land (/).
Having regard to the definitions and cases re-
ferred to above, it would appear that in order
that there should be occupation within the mean-
ing of section 1 of the present Act two conditions
must be fulfilled: (1) There must be the exercise
of the rights of ownership by the person to be
registered, whether such person is or is not the
owner, and (2) there must be actual user for the -
purpose of the business, profession or trade of
such person.
It should be noticed that by sect. 7 (2) " . . .
the occupation of a house shall not be deemed to
be interrupted for the purposes of this Act by
reason only of permission being given by letting
or otherwise for the occupation of the house as a
furnished house by some other person for part of
the qualifying period not exceeding four months
in the whole, or by reason only of notice to quit
being served and possession being demanded by
the landlord of the house ; . . ." This sub-section
(
in Dover v. Prosser (11), Alverstone, C.J., in Sect - 3 *
dealing with the meaning of similar words in
sect. 3 of the Representation of the People Act,
1884, said : " The governing test in cases of this
sort is whether or not the occupier of the pre-
mises in respect of which the claim is made is
required to occupy them either by the express
terms of his employment or by the nature of his
duties. If he is merely permitted but not obliged
to occupy the premises so long as he performs
certain duties that is not an occupation by virtue
of any office service or employment."
(3) It is a condition required by proviso (i) that
the dwelling-house is not inhabited by the person
in whose service he is in such office service or
employment.
The words of proviso (i), although similar to,
are not identical with, the words of sect. 3 of the
Representation of the People Act, 1884. The
corresponding words in sect. 3 of the latter Act
are "the dwelling-house is not inhabited by any
person under whom such man serves in such office
service or employment." The words used in
proviso (i) set out above remove the difficulties
which arose under sect. 3 of the Act of 1884 in
determining in certain cases whether a dwelling-
house was inhabited by any person " under
whom " the person claiming to be registered
served. The words " a person in whose service
(a) (1904) 1 K. B. at p. 85 ; see also the cases referred to in this
case, also Aitchi*on v. Lothian (1890), 18 Ct. of Sess. Gas. (4th
Series) 337.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. s. ne is " used in proviso (i) can refer only to the
immediate employer of the person claiming to be
registered.
It should be noticed that absence on military
service would debar a man from obtaining the
local government franchise under sect. 3, pro-
viso (i) of the present Act, notwithstanding that
his family resided in the dwelling-house during
his absence.
Thus, in the case of Spittall v. Brook (v),
decided under the Representation of the People
Act, 1884, s. 3 (the language of which, as pointed
out above, was similar to that of proviso (i) now
under discussion), it was held that a non-commis-
sioned officer, who resided with his family in bar-
racks, but during twenty-seven days of the quali-
fying year was compulsorily absent from the
constituency, was not entitled to be registered
as a parliamentary elector, notwithstanding that
his rooms were occupied during his absence by
his furniture and his family.
Sect. 7 (1) of the present Act provides that:
" Where land or premises are in the joint occu-*
pation of two or more persons, each of the joint
occupiers shall, for the purposes of this Part (x)
of this Act, be treated as occupying the premises,
subject as follows: . . . (c) Not more than two
joint occupiers shall be entitled to be registered
(v} (1886), 18 Q. B. D. 426. See also Ford v. Barnes (1885),
16 Q. B. D. 254; Donoghue v. Brook (1887), 57 L. J. Q. B. 122;
Duffy v. Chambers, Ferguson v. Black (1889), 26 L. R. Ir. 100.
(aj) I.e., Parti., sects. 110.
LODGERS. -57
in respect of the same land or premises, unless sect. 8.
they are bona fide engaged as partners carrying
on their profession, trade or business on the land
or premises."
The meaning of the words " joint occupation "
in sect. 7(1) presents no difficulties, but it must be
remembered that each of the joint owners or
tenants in order to be entitled to be registered
must fulfil the conditions of " occupation," which
are dealt with on pp. 43 45 and 25 27, supra,
and further, not more than two persons can be
registered as joint occupiers unless they fulfil the
condition mentioned in sect. 7 (1) set out above.
As, however, there may be constructive occu-
pation (y\ the occupation of one of several joint
owners or tenants on his own behalf and on
behalf of the other joint owners or tenants would
entitle all of them to be placed upon the re-
gister^). This, however, is not so if the occu-
pation of the joint occupier or occupiers on behalf
of the others is based on an illegal contract,
as. for instance, a partnership of more than 20
persons (a).
As to the second meaning (b) given by sect. 3
to the word u tenant," i.e., the meaning given by
proviso (ii) in that section, such proviso states
that the word tenant (in sect. 3) shall include
a person who occupies a room or rooms as a
{#) See pp. 44, 45, and p. 26,
(z) Jones v. Pritchard (1891), 1 Pox & Smith, 259.
(a) Harris v. Amery (1865), 35 L. J. C. P. 89.
(?>) As to the first meaning, SPG pp. 43, 44, and 25 27,
REPRESENTATION OF THE PEOPLE ACT, 1918.
lodger only where such room or rooms are let
td him in an unfurnished state. Accord-
ingly, a lodger who occupies a room or room&
in the local government electoral area let to him
in an unfurnished state is to be deemed a tenant
and is entitled to be registered as a local govern-
ment elector for such area.
The chief difference between a tenant and a
lodger is that the latter is entitled to live in his
lodgings by reason of a purely personal contract
between himself and his landlord, and has no
estate, legal or equitable, in the -premises in which
he lodges (c). If the landlord retains a general
control and dominion over the premises, including
the part inhabited by the person in question, that
person is a lodger (d). On the other hand, a
tenant has some estate or interest carved out of
the estate or interest of his landlord (e). He
has exclusive possession (in the legal sense) of the
premises (/), and, if wrongfully dispossessed, can
recover possession by law, whereas if the personal
contract between a lodger and his landlord is
broken, and the lodger turned out, his only
remedy at law is in damages (g). The occupier
does not necessarily cease to be a tenant merely
(c) See AucketiU v. Jlaylis (1882), 10 Q. B. D. at p. 587.
(d) Watkins v. Milton, &c. Overseers (1868), L. E. 3 Q. B. at
pp. 356, 357 ; Allan v. Liverpool, Intnan v. KirlcdaU (1874), L. E.
9 Q. B. at pp. 191, 192; Cory v. Dristow (1877), 2 App. Gas. at
p. 276; Kent v. Fittall, (1906) 1 K. B. 60 (C. A.).
(e) Keith v. Twentieth Century Club (1904), 90 L. T. 775.
(/) Taylor v. Caldwell (1863), 3 B. & S. 826, 832.
(.'/) Wright v. Stavert (1859), 2 E. & E. 721.
" OCCUPATION " BY LODGER. 59
because the landlord resides on the premises and Sect - 8
retains control of the passages and staircases and
other parts used in common (h).
It should be noticed that the meaning of the
word " occupy ing" when used of a lodger must
of necessity bear a different meaning from that
which it bears in sect. 1 of the Act(/) and in
sect. 3 when used of an owner or tenant (/). A
lodger does not (since his occupation depends, as
pointed out above, merely on a personal contract
with his landlord) fulfil the conditions of occupa-
tion in the strict sense of the word, i.e. " the actual
exercise of the rights of the owner in posses-
sion " (&) ; e.g. a lodger has no legal remedy against
a person who merely enters his lodging and dis-
turbs his privacy (/), nor can a lodger eject a
trespasser with impunity (m). Moreover, the land-
lord maintains under the contract between him
and his lodger a general right of control over
the lodging. In what sense, then, is the word
" occupying " used in connection with a lodger?
In this connection the word bears its untech-
nical meaning and denotes the exercise by the
lodger of his rights under his contract with his
landlord. Its meaning resembles that of " re-
sidence " (n), the residence, of course, being in
(A) Kent v. Fittall, supra; but see Douglaa v. Smith, (1907)
1 K. B. 126 ; (1907) 2 K. B. 568 (C. A.).
(*') See pp. 2527, supra.
(/) See pp. 4345, supra,
(k) Cook v. Number (1862), 31 L. J. C. P. at p. 75.
(/) Wright T. Stavert (1859), 2 E. & E. 721.
(i) Monk$ v. Dyke* (1839), 4 M. & W. 567.
(n) See pp. 11 15, mpr'}>m.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 3. man who moves from premises outside a municipal
borough to premises within the borough will not
lose his local government vote provided that both
sets of premises are ^within one administrative
county. If, however, the subject-matter of the
occupation changes during the qualifying period,
no interval of time must elapse between the
cessation of occupation in one place and the
beginning of occupation in another, as the occu-
pation must be " during the whole of the quali-
fying period. " On the other hand it should be
remembered that the physical presence of the
occupier is not necessary (#), so that, taking the
case of a tenant as an illustration, the lease of
the tenant of a flat might end during the course
of the qualifying period, and the tenant might,
just before the expiration of the lease, become
tenant of a flat in the local government electoral
area, but before beginning to live in the other flat
he might go away for a month's holiday. In such
a case the " occupation " would be unbroken.
'There is nothing in sect. 3 to prevent the
registration as a local government elector of a
man, part of whose qualification during a single
qualifying period was obtained by virtue of his
occupation as a lodger in rooms let to him un-
furnished, and part by virtue of his occupation as
owner or tenant (properly so called) of land or
premises.
If that area is not an administrative county
or a county borough, in any administrative
(2) See pp. 44, 45, supra.
WOMEN'S FRANCHISES.
Bounty or county borough in which the area Sect, a
is wholly or partly situate. See observations
under preceding heading, Land or premises in
the local government electoral area.
In England " an administrative county" means
the area for which a county council is elected in
pursuance of the Local Government Act, 1888,
but does not include a county borough (a), and
the only county boroughs are thdse mentioned in
the 3rd schedule to the same Act(#).
In Ireland the expression " administrative
county " has a meaning similar to that which
it has in England ().
Sect. 3 of the present Act, set out on pp. 40,
41, above, has no application to Scotland, but by
sect. 43 (3) (d\ the provisions contained in that
sub-section apply to Scotland in lieu of the provi-
sions of sect. 3.
4. (1) A woman shall be entitled to be F
( women)
registered as a parliamentary elector for a
constituency (other than a university con-
stituency) 1 if she
(a) has attained the age of thirty years 2 ;
and
(b) is not subject to any legal incapacity 3 ;
and
1 See p. 31, footnote (), u//m. 2 See p. 67, infra.
'' See pp. 67, 68, infra.
(a) Local Government Act. 1888, s. 100.
(b) Ibid. s. 31.
(c) Local Government (Ireland) Act, 1898, s. 1.
((?) Set out at pp. 310313, infra.
t>4 KEPKE8ENTAT10N OF THE PEOPLE ACT, 1918.
sect. 4. (c) is entitled to be registered us a local
government elector in respect of
the occupation in that constitu-
ency of land or premises (not being
a dwelling-house) of a yearly value
of not less than five pounds or of
a dwelling-house, or is the wife
of a husband entitled to be so
registered. 4
(2) A woman shall be entitled to be regis-
tered as a parliamentary elector for a uni-
versity constituency 5 if she has attained the
age of thirty years 6 and either would be
entitled to be so registered if she were a
man, or has been admitted to and passed the
final examination, and kept under the con-
ditions required of women by the university
the period of residence, necessary for a man
to obtain a degree at any university forming,
or forming part of, a university constituency
which did not at the time the examination
was passed admit women to degrees. 7
(3) A woman shall be entitled to be regis-
tered as a local government elector for any
local government electoral area s
(a) where she would be entitled to be so
registered if she were a man 9 ; and
4 See pp. 68 72, infra. 8 See p. 41, footnotes (m) and
3 See p. 38, supra. (w). supra.
6 See pp. 67 and 75, infra. See pp. 73, 74, infr.a.
'' See p. 73, i-nfw.
WOMEN'S PARLIAMENTARY FRANCHISE. 65
(b) where she is the wife of a man who is sect. 4.
entitled to be so registered in re-
spect of premises in which they
both reside, and she has attained
the age of thirty years and is not
subject to any legal incapacity. 10
For the purpose of this provision,
a naval or military voter who is
registered in respect of a residence
qualification which he would have
had but for his service, shall be
deemed to be resident in accor-
dance with the qualification. 11
NOTE. Sect. 4 lays down the conditions which
must be fulfilled in order to entitle a woman to
be registered as a parliamentary elector and as a
local government elector. These conditions as
regards the right to registration as a parlia-
mentary elector are :
I. In the case of a constituency other than a Pariiamen-
., ... , x tary franchise
university constituency (e) (women) in
(I) She must have attained the age of thirty years, other than
(2) She must not be subject to any legal incapacity,
(3) She must (a) be entitled to be registered as a eucies '
local government elector in respect of the occupation in
that constituency (i) of land or premises (not being a
10 See up. 75, 76, infra. u See p. 76, infra.
(e) As to meaning of "constituency other than a university
constituency," see footnote (a) on p. 3, supra.
F. 5
tib
REPRESENTATION OF THE PEOPLE ACT, 1918.
Parliamen-
tary franchise
(women) in
university
constitu-
Sect. 4. dwelling-house) of a yearly value of not less than five
pounds or (ii) of a dwelling -house, or (b) be the wife
of a husband entitled to be so registered.
II. In the case of a university constituency (/)
(1) She must have attained the age of thirty years.
(2) She must (a) fulfil the conditions which if she
were a man would entitle her to be registered as a
parliamentary elector for a university constituency or
(b) have been admitted to and passed the final exami-
nation, and kept under the conditions required of
women by the university the period of residence, neces-
sary for a man to obtain a degree at any university
forming, or forming part of, a university constituency
which did not at the time the examination was passed
admit women to degrees.
There are two alternative sets of conditions
one or other of which must be fulfilled in order
to entitle a woman to be registered as a local
government elector for a local government elec-
toral area. These sets of conditions are :
A.
(1) She must be of full age (twenty -one years).
(2) She must not be subject to any legal incapacity.
(3) She must on the last day of the qualifying period
be occupying as owner or tenant -any land or premises
in the local government electoral area.
(4) She must during the whole of the qualifying
period have occupied as owner or tenant any land or
premises in the local government electoral area, or if
that area is not an administrative county or a county
borough, in any administrative county or county borough
in which the area is wholly or partly situate.
(/) As to "university constituency," see p. 38,
Local
government
franchise
(women).
LEGAL INCAPACITIES (WOMEN). 67
Or B. Sect. 4.
(1) She must have attained the age of thirty years.
(2) She must not be subject to any legal incapacity.
(3) She must be the wife of a man who is entitled
to be registered as a local government elector in respect
of premises in which they both reside.
I. In the case of a constituency other than a Parliamen-
tary franchise
university constituency (women) in
constituencies
(1) She must have attained the age of thirty ot
* university
years. See p. 4, supra. The remarks there
made apply equally here, with the exception that
the age of thirty years must be substituted for
that of twenty one years or " full age."
(2) She must not be subject to any legal in-
capacity. See pp. 4 8, supra. With the excep-
tions mentioned below, the incapacities attaching
to men would no doubt apply equally to women,
but it must be remembered that certain offices
which deprive a man of the status of a parlia-
mentary elector have not as yet been open to or
held by women.
Dealing with the list of persons who are legally
incapacitated, which is set out on pp. 5 7, supra,
as to the first head, sect. 9 (5) of the present Act
expressly declares that a peeress in her own right
is not under any legal incapacity which prevents
her from being registered or voting, and although
there is no express provision to that effect, it is
clear that a peeress by marriage would not be
subject to any incapacity, as the constitutional
reasons for which peers are excluded from the
5(2)
68 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sbot. 4. parliamentary franchise have no application to
women (y).
As to the second head (h) in such list, viz.,
" a person holding any one of certain offices,"
women are not eligible for these offices, so that
this incapacity does not apply to them.
As to head (3), viz., " an infant," it is clear that
a woman under the age of thirty is legally inca-
pacitated with respect to the parliamentary fran-
chise as though she were an infant of the other sex.
As to the persons included under heads (4) to
(8)(/), (viz., an alien, an idiot, a lunatic who is
not at the time of voting in a lucid interval, an
imbecile who is not at the time of voting eompos
mentis, a person convicted of treason or felony
and sentenced, unless he has suffered his punish-
ment T received a free pardon), the incapacities
referre to would apply equally to women as to
men. The same is true of all the remaining
classes of persons mentioned under heads (9) to
(16) on pp. 6, 7, supra.
As to head (IT), conscientious objectors, who
come within the provisions of sect. 9 (2) of the
present Act, this class of persons can never include
a woman, and it is expressly provided by sect. 9 (2)
that any incapacity attaching to such conscientious
objector shall not affect the rights of his wife.
(3) She must (a) be entitled to be registered as a
local government elector in respect of the occu-
pation in that constituency (i) of land or pre-
(g) See Chorlton v. Linys (1868), L. R. 6 C. P. 374 ; Btanchmnp
(Earl] v. Madresfield (1872), L. R. 8 C. P. 24d.
(h] See p. 5, supra.
(t) See pp. 5, 6, 8iq.>ra.
WOMEN'S PARLIAMENTARY FRANCHISE.
mises (not being a dwelling-house) of a yearly Sect. 4.
value of not less than five pounds, or (ii) of a
dwelling-house, or (b) be the wife of a husband
who is entitled to be so registered.
It will be noticed that there is a material
difference, besides that of age, between the quali-
fications which confer the parliamentary franchise
(in constituencies other than university constitu-
encies) on a woman and those which confer it on
a man. Those qualifications in the case of a
man depend on residence or on the occupation
of business premises (A), and are distinct from
the local government franchise (I). In order to
entitle a woman to the parliamentary franchise,
she must be (1) qualified as a local government
elector in respect of the occupation of a particular
kind of premises, or (2) the wife of a man so
qualified.
The occupation here required is the same as
that required in the case of a man by sect. 3, i.e. it
must be occupation as owner or tenant or by virtue
of an office service or employment or as a lodger
in a room or rooms let unfurnished. As to what
constitutes such occupation, see pp. 43 60, supra.
In applying what is said on pp. 56, 57, 59, supra,
with regard to joint occupation to the women's
franchise now under consideration, it is important
to notice the provisions of sect. 7 (1) (b), which are
as follows: "In the case of the occupation of
land or premises (not being a dwelling-house) the
aggregate yearly value thereof must for the pur-
(A-) See sect. 1, pp. 1 3, supra.
(1} See sect. 3, pp. 40, 41, supra.
70 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 4. pose of the parliamentary franchise of women be
not less than the amount produced by multiplying*
five pounds by the number of joint occupiers."
Further, the provisions of sect. 7(1) (c), dealt
with on pp. 56, 57, 59, supra, are of course equally
applicable here.
The particular kind of premises must be either
(1) land or premises which are not a dwelling-
house (such land or premises being of a yearly
value of not less than 5/.), or (2) a dwelling-
house such particular kind of premises being in
the constituency for which the woman is to be
registered. The premises other than land just
referred to under (1) can be any building or
structure of whatsoever kind, or any part thereof,
so long as it is capable of being occupied and is
of the yearly value of 5/. As to the meaning of
''dwelling-house," see pp. 49 54, supra.
It is submitted, although it is a difficult point, that
the expression " dwelling-house " in sect. 4 (1) (c)
does not include lodgings. As was pointed out
on p. 49, supra, by sect. 41 (8) " the expression
1 dwelling-house ' includes any part of a house
where that part is occupied separately as a dwell-
ing-house," but a lodger does not, in the legal
sense, occupy his lodgings (m). It would therefore
appear, however unsatisfactory such a conclusion
may be to many persons, that in order to qualify
under sect. 4 ( 1 ) (c), a woman who is a lodger must
have lodgings of the yearly value of not less than 5/.
(m) See Kettt v. Fittall, (1906) 1 K. B. 60 (C. A.), and pp. 25, 26,
57 59, supra.
WOMEN'S PARLIAMENTARY FRANCHISE. 71
AH to the 'meaning of "yearly value," see Sect. 4.
pp. 28 33, supra.
As to the alternative qualification mentioned
under 3 (b) on pp. 68, 69, in order to obtain this
qualification, the husband of the woman to be
registered must be qualified in the same way as a
woman must be under 3 (a) on p, 68, i.e.. as a local
government elector in respect of the occupation
in the constituency of land or premises (not being
a dwelling-house) of a yearly value of not less
than five pounds or of a dwelling-house.
As to the qualifying period applicable to the
husband where he is a "naval or military voter,"
see pp. 96, 97, infra.
It may be pointed out that it will not in every
case be necessary for the husband himself to be
in actual occupation of the premises in order that
his wife should obtain the local government fran-
chise, provided that he fulfils the conditions of
constructive occupation ().
It is also clear, from the express words of the
section, that for the wife to be qualified, it is not
necessary for the husband to be in fact registered,
it is sufficient if he is entitled to be registered.
The meaning of the words in that constituency
in sect. 4 (1) (c) raises a question of some difficulty.
One of the requirements of the parliamentary
franchise for women under sect. 4 (1) is that she
must be " entitled to be registered as a local
government elector in respect of the occupation
in that constituency of land or premises . . . ."
By sect. 4 (3), she "shall be entitled to be regis-
(//) See pp. 44, 45, supra.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 4. tered as a local government elector for any local
government electoral area
(a) where she would be entitled to be so regis-
tered if she were a man ; . . . ."
By sect. 3 " a man shall be entitled to be
registered as a local government elector for a
local government electoral area if he . . . .
(b) has, during the whole of the qualifying
period, so occupied (i.e., as owner or
tenant) any land or premises in that
area, or if that area is not an adminis-
trative county or a county borough in
any administrative county or county
borough in which the area is wholly or
partly situate : . . ."
The question therefore arises whether the words
u in that constituency " in sect. 4 (1) (c) limit the
area within which the land or premises which
qualify a woman for the parliamentary franchise
must be, to the constituency for which she is to
be registered, or whether the wider area described
in the words quoted above from sect. 3 is to be
taken as being referred to by implication in
sect. 4 (1) (c) as the area within which the quali-
fying land or premises may be.
Although it would seem probable that the Legis-
lature intended that the first of these interpreta-
tions should be given to the sections in question,
it is submitted that sect. 4(1) (c) should be con-
strued according to the plain meaning of its express
words, and that therefore the qualifying land or
premises must be situated in the constituency for
which the woman is seeking to be registered.
WOMEN'S LOCAL GOVERNMENT FRANCHISE.
As to the manner in which a woman who is a Sect. 4.
"naval or military voter" can obtain the parlia-
mentary franchise, see pp. 93, 94, infra.
II. In the case of a university constituency
(1) She must have attained the age of thirty
years. See p. 67, supra. The remarks there
made apply equally here, except that the age of
thirty years must be substituted for that of
twenty-one years or " f ull age."
(2) She must (a) fulfil the conditions which if she
were a man would entitle her to be registered as
a parliamentary elector for a university con-
stituency or (b) have been admitted to and
passed the final examination, and kept under the
conditions required of women by the university
the period of residence, necessary for a man to
obtain a degree at any university forming, or
forming part of, a university constituency which
did not at the time the examination was passed
admit women to degrees.
As to (a) above, see s. 2 and pp. 38, 39, supra.
As to (b) above, the only universities where women
are not admitted to degrees are Oxford and Cam-
bridge.
As was pointed out on p. 66, supra, there Local
r . . government
are two alternative sets of conditions there re- franchise
ferred to under the headings A and B, one or
other of which sets of conditions must be fulfilled
in order to entitle a woman to be registered as a
local government elector for a local government
electoral area.
(1) She must be of full age. See p. 4, supra.
*rhe local government franchise is given to women
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 4. at the same age as to men, viz. at twenty-one
years, and not at thirty, as in the case of the
parliamentary franchise for women.
(2) She must not be subject to any legal inca-
pacity. See pp. 67, 68, supra.
The nature of the incapacity is the same here
as in the case of a parliamentary elector (p). and
what is said on pp. 67, 68, supra, as to the legal in-
capacities of female parliamentary electors applies
equally here, except that no question arises in
regard to the position of peeresses, as peers are
tinder no incapacity in respect of the local govern-
ment franchise (q).
(3) She must on the last day of the qualify ing
period be occupying as owner or tenant any land or
premises in the local government electoral area. See
pp. 42 61, supra, where everything that is said
with regard to the local government franchise for
men applies to women.
(4) She must during the ivhole of the qualifying
period have occupied as owner or tenant any land or
premises in the local government electoral area, or if
that area is not an administrative county or a county
borough, in any administrative county or county borough
in whicJi the area is wholly or partly situate. See
pp. 61 63, supra. Everything there said applies
here. It must be remembered that as in the case
of a man, so in the case of a woman who is a
(l>) See pp. 45, 7 8, supra,
(q) See p. 42, footnote (o), sxj.ru.
WOMEN^S LOCAL GOVERNMENT FRANCHISE. 75
" naval or military voter," the qualifying period Sect. 4.
is one month instead of six months (r).
The set of conditions under A above give the
effect of sect. 4 (3) (a).
B.-
(1) She must have attained the age of thirty
years. As to this, see p. 67, supra.
It should be noticed that the necessary age
here is thirty years, as in the case of the parlia-
mentary franchise for women, in contradistinc-
tion to the alternative local government franchise
under heading A above, in which case the neces-
sary age is twenty-one years.
(2) She must not be subject to any legal inca-
pacity. See p. 74, supra.
(3) She must be the wife of a man who is
entitled to be registered as a local government
elector in respect of premises in which they
both reside. This qualification enfranchises for
local government purposes all married women
who live with their husbands in premises in re-
spect of which the husband is entitled to be
registered as a local government elector.
As to the conditions which must be fulfilled in
order to entitle a man to be so registered, see
pp. 41, 42 et seq., supra.
The words " premises in which they both re-
side " do not necessitate a " joint occupation "
within the meaning of sect. 3 on the part of
the husband and wife. All that is required is
that the}^ should both " reside" in the premises.
(r) See sect. 6, p. 94, and pp. 96, 97, infra.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 4. As to the meaning of the word "reside," see
pp. 11 16, supra.
The following words at the end of sect. 4
should be noticed :
For the purpose of this provision, a naval or
military voter who is registered in respect of a
residence qualification which he would have
had but for his service, shall be deemed to be
resident in accordance with the qualification.
Thus, a man serving in India in connection
with the War who but for such service would be
residing with his wife will for the purpose of her
enfranchisement be deemed to be residing in the
premises where his wife is residing.
As to the meaning of the words "a naval or
military voter," see pp. 79 85, infra. As to the
qualification referred to, see pp. 86 88, infra.
5. (1) A person to whom this section
applies (in this Act referred to as " a naval
or military voter ") l shall be entitled to be
registered as a parliamentary elector for any
constituency for which he would have had
the necessary qualification but for the service
which brings him within the provisions of
this section. 2
The right to be registered in pursuance of
the foregoing provision shall be in addition
to any other right to be registered, 3 but a
1 See pp. 7985, infra. * See pp. 8295, infra.
3 See pp. 90, 91, 94, infra
NAVAL AND MILITARY VOTEUs.
naval or military voter shall not be entitled sect. 5.
to be registered for a constituency in respect
of an actual residence qualification in the
constituency except on making a claim for
the purpose accompanied by a declaration in
the prescribed form that he has taken rea-
sonable steps to prevent his being registered
under the foregoing provision for any other
constituency. 4
(2) The statement of any person, made in
the prescribed form and verified in the pre-
scribed manner, that he would have had the
necessary qualification in any constituency
but for the service which brings him within
the provisions of this section, shall for all
purposes of this section be sufficient if there
is no evidence to the contrary.
(3) This section applies to any person who
is of the age required under this Act in the
case of that person 6 and is not subject to any
legal incapacity, 7 and who
(i) is serving on full pay as a member of
any of the naval, military or air
forces of the Crown 8 ; or
(ii) is abroad or afloat in connection with
any war in which His Majesty is
engaged, 9 and is
4 See pp. 9193, infra. 1 See p. 82, infra.
8 See pp. 82, 83, infra.
r ' See pp. 8082, infra. 9 See pp. S3, 84, infra.
REPRESENTATION OF THK PEOPLE ACT, 1918.
sect. s. (a) in service of a naval or mili-
tary character for which payment
is made out of moneys provided
by Parliament, or (where the person
serving was at the commencement
of his service resident in the United
Kingdom) out of the public funds
of any part of His Majesty's Do-
minions, or in service as a merchant
seaman, pilot, or fisherman, includ-
ing the master of a merchant ship
or fishing boat and an apprentice
on such ship or boat 10 ; or
(b) serving in any work of the
British Red Cross Society, or the
Order of St. John of Jerusalem in
England, or any other body with a
similar object ; or
(c) serving in any other work
recognised by the Admiralty, Army
Council, or Air Council, as work of
national importance in connection
with the war. 11
(4) A male naval or military voter who
has served or hereafter serves in or in con-
nection with the present war shall, notwith-
standing anything in this or any other Act,
10 See pp. 83, 84, Infra. n See pp. 84, 85, infra.
NAVAL AND MILITARY VOTERS.
be entitled to be registered as a parliamen- __sect. s.
tary elector if that voter at the commence-
ment of service had attained, or during
service attains, the age of nineteen years,
and is otherwise qualified. 12
NOTE. This section relates only to the parlia-
mentary franchise, and applies only to a person
who comes within the provisions of sub-sect. (3)
above. Such person is referred to in this Act as
a naval or military voter. In order that a per-
son should come within this description, the fol-
lowing conditions must be fulfilled :
(1) If such person is a man, he must be of full
age, or, subject to certain requirements ( t\ younger ;
if such person is a woman (&), she must have attained
the age of thirty years.
(2) Such person must not be subject to any
legal incapacity.
(3) Suck person must be (i) serving on full pay as
a member of any of the naval, military or air forces
of the Crown ; or (ii) abroad or afloat in connection
with any war in which His Majesty is engaged, and
12 See pp. 8082, infra.
{i} See pp. 80 82, infra.
(u] It would appear that sect. 5 is not confined to men in its
application. The word "person" includes both men and women,
an* the use of the word "male" in sub-section (4) indicates that
the use of the expression "naval or military voter " is not confined
to men. Moreover, the provisions of sub-sect. (3) (ii) ( b) show beyond
doubt that a woman can be a naval or military voter. See also
Interpretation Act, 1889, s. 1 (1).
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 5. (a) in service of a naval or military character for
which payment is made out of moneys provided by
Parliament^ or {where the person serving tvas at the
commencement of his service resident in the United
Kingdom] out of the public funds of any part of His
Majesty's Dominions, or in service as a merchant
seam
be so registered ; or
(3) If in the case of a university constituency she
has the requisite qualification in such constituency.
As to A.: A male naval or military voter
naval and shall be entitled to be registered as a parliamen-
voters. tary elector for any constituency
(1) If he would but for the service which
brings him within the provisions of sect. 5 have
had (a) the requisite residence qualification in the
constituency, or (b) the requisite business premises
qualification in the constituency, or (c) in the case
of a university constituency the requisite qualifica-
tion for such university constituency. It is clear
QUALIFICATIONS OF NAVAL AND MILITARY VOTERS.
that this is the meaning of the first sentence of Sect. 5.
sect. 5(1). The words in that section, the neces-
sary qualification, can only mean the requisite
residence qualification or the requisite business
qualification or the requisite university qualifi-
cation.
It should be remembered that in order to come
within the description, " a naval or military
voter," a person must have fulfilled the con-
ditions of the franchise which relate to age and
absence of legal incapacity (rf).
The words, the service which brings him
within the provisions of sect. 5, refer, of course,
to the various kinds of service mentioned in
sect. 5 (3)(0), by virtue of which a person becomes
a " naval or military voter."
As to the meaning of (a) the requisite residence
qualification, see pp. 9 24, supra. As to the
meaning of (b) the requisite business premises quali-
fication, see pp. 4 37, supra.
An important point must be observed with
regard to the requisite residence and business
premises qualifications in their application to
naval and military voters. By the proviso in
sect. 6 of the present Act, the qualifying period
for a naval or military voter is one month, ending
either on January 15th or July 15th, instead of
the ordinary qualifying period of six months. In
applying the observations as to the requisite resi-
dence qualification on pp. 924, supra, and the
(d) See pp. 79, 8082, supra,
(e) See pp. 82 85, gupra.
88 KKPRFSKNTATION OF THE PEOPLE ACT, 1918.
jBect. 5. requisite business premises qualification on pp.
24 37, supra, to naval and military voters,
this difference in the qualifying period must be
remembered.
It is impossible to understand fully the effect of
the qualification conferred by the first sentence in
sect. 5 (1), and stated under A. (1) on p. 86, with-
out referring shortly to the method and machinery
of registration connected with it. By Rule 17 of
the Registration Rules (/), it is the duty of the
registration officer to place the names of all naval
or military voters (subject to the two exceptions
there mentioned(y) ) on the absent voters' list.
By Rule 6 of the Registration Rules (h) it is
the duty of the registration officer < ' to cause a
house-to-house or other sufficient inquiry to be
made ... of all persons appearing to be entitled
to be registered as parliamentary . . . electors."
In the course of this inquiry he will discover the
existence of a number of men and women absent
on various kinds of war service in his registration
area, and it will be his duty to ascertain whether
they are entitled to be registered on the absent
voters' list as naval or military voters.
By sect. 5 (2), the statement of any person,
made in the prescribed form and verified in the
prescribed manner, that he would have had the
necessary qualification in any constituency but
for the service which brings him within the
(/) First Schedule to the present Act, pp. 345, 346, infra. See
also sect. 13, pp. 133, 134, infra.
() First Schedule, Rule 17 (a) and (b), pp. 345, 346, infra.
(h) First Schedule, p. 341, infra.
QUALIFICATIONS OF NAVAL AND MILITARY VOTERS. 89
provisions of this section, shall for all purposes sect. 5.
of this section be sufficient if there is no evi-
dence to the contrary.
If the registration officer receives such a state-
ment from a naval or military voter in his regis-
tration area and there is no evidence to the
contrary (which in the great majority of cases
there will not be), he need inquire no further as
to that person's qualifications. In the absence
of such a statement, however, it becomes the
duty of the registration officer to ascertain
whether the naval or military voter would have had
the requisite residence qualification or the requisite
business premises qualification but for the service
which makes him or her a military voter. By
Rule 18 of the Registration Rules (i) the Admi-
ralty, Army Council and Air Council are to
furnish to the registration officer such particulars
concerning naval and military voters u as may be
necessary for the purpose of their registration."
Notwithstanding this assistance, however, inquiry
as to whether or not a particular person is entitled
to be registered will, as was pointed out in dealing
with these qualifications under sect. I (/), fre-
quently raise questions of great difficulty and
complexity, which, it is evident, it will often be
impossible for the registration officer to investigate
adequately and to decide in the case of an absent
person. It seems certain, therefore, that in gene-
ral the qualification of naval and military voters
(f) First Schedule, p. 346, infra.
( /) See pp. 9 37, supra.
90 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 5. under head (1) above will be ascertained in u
rough and ready manner by the registration
officer, and probably, in the case of the requisite
residence qualification, merely by learning that
the person to be registered lived in a particular
house before undertaking his or her war service.
If the registration officer once places the name
of any naval or military voter on the register, the
register will be conclusive evidence of that per-
son's right to vote(/t:). It should, of course, be
remembered, however, that on a scrutiny the
election court would disallow the votes of persons
under a legal incapacity (/).
As to (), in the case of a university constituency
the requisite qualification for such university con-
stituency. This case will arise very rarely, as it
is only where the naval or military voter has
passed the necessary examinations and kept the
necessary residence for a degree but has not yet
been admitted to such degree that he could claim
to be registered under this head (m).
(2) If he has the requisite business premises qualifi-
cation in the constituency. In sect. 5 (l)the following
words appear : The right to be registered in
pursuance of the foregoing provision (i.e., the
first sentence in sect. 5(1)) shall be in addition
to any other right to be registered. It follows,
therefore, that, if notwithstanding his service
() See pp. 102108, infra.
(/) See pp. 48, 102108.
(m] See pp. 38, 39, supra.
ACTUAL RESIDENCE QUALN. OF NAV. AND MIL. VOTERS.
within the meaning of sect. 5 (3) a naval or Sect. 5
military voter has in fact the requisite business
premises qualification (n) in a constituency, he is
entitled to be registered in such constituency by
reason of that qualification.
In considering whether a naval or military
voter has the requisite business premises qualifi-
cation it is important to notice the modification
in the length of the qualifying period required,
which is dealt with on pp. 87, 88, 96, 97, supra.
It should be observed that no claim is necessary
in order to obtain registration under head (2).
(3) If he has the requisite residence qualification in
the constituency, provided in this case that he makes
a claim for the purpose, accompanied by a
declaration in the prescribed form.
By sect. 5 (1) .... The right to be registered
in pursuance of the foregoing provision (i.e., the
provision contained in the first sentence in sect. 5 )
shall be in addition to any other right to be
registered, but a naval or military voter shall not
be entitled to be registered for a constituency in
respect of an actual residence qualification in
the constituency except on making a claim for
the purpose accompanied by a declaration in
the prescribed form that he has taken reasonable
steps to prevent his being registered under the
foregoing provision for any other constituency.
Unlike the qualification noticed under (2) above,
in order to be registered by virtue of an actual
(n) See pp. 24 37, supra, and particularly the remarks on
constructive occupation on pp. 26, 27,
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 6. residence qualification, a naval or military voter
must make a claim accompanied by the declara-
tion (n) referred to in that part of sect. 5(1) which
is set out above.
It is submitted that the words actual residence
qualification which occur there are, subject to
the difference in the length of the qualifying
period pointed out on pp. 87, 88, supra, equivalent
to the words " requisite residence qualification" (o)
in sect. I of the Act, and that the word " actual "
is used merely to distinguish this qualification
from a residence qualification which a naval or
military voter " would have had " " but for the
service which brings him within the provisions
of sect. 5" (/?). It could not, it is suggested, be
held that the " residence" here required must be
actual as opposed to constructive residence (q).
The object of the requirement of the above
provision is to prevent the registration of a
naval or military voter in more than one con-
stituency by virtue of a residence qualification.
The case contemplated by the Act is, for example,
that of a soldier whose home is in one constituency
but who is quartered in another. If he desires
to be registered for the constituency in which
he is quartered by reason of his residence there,
rather than for the constituency where his home
is and where he would have resided but for his
(//) For form of claim and declaration, see p. 569, -infra.
\o] As to the meaning of these words, see pp. 9 - 24, supra,
(p) See pp. 82 85, supra.
() See pp. 11 15, supra.
QUALIFICATIONS OF FEMALE NAV. AND MIL. VOTERS. *
service, he must make the claim and declaration (r) Beet. 5
required by sect. 5 (1).
(4) If in the case of a university constituency he
has the requisite qualification for such constituency.
As to this, see pp. 38 39, supra.
As to B. A female naval or military voter Qualifications
shall be entitled to be registered as a parlia-
mentary elector for any constituency
(1) If she would but for the service which
brings her within the provisions of sect. 5 (a) have
been entitled to be registered as a local government
elector in respect of the occupation in that constituency
of land or premises (not being a dwelling-house) of a
yearly value of not less than five pounds, or of a
dwelling-house, or (b) if, in the case of a university
constituency, she would but for such service have had
the requisite qualification for such university con-
stituency.
See the general observations under A. (1) on
pp. 86, 87, supra. As to the qualifications mentioned
under (1 ) (a) above, see pp. 68 72, supra. As to
the qualifications mentioned under (1) (b) above,
see p. 73, supra. See also the observations as to
registration on p. 88, supra, which apply equally
here with the obvious modifications.
It must be borne in mind that the qualifying
period for naval or military voters is one month,
instead of six months ; see pp. 96, 97, infra.
(2) If she is entitled to be registered as a local
government elector in respect of the occupation in that
constituency of land or premises (not being a dwelling-
house) of a yearly value of not less than five pounds,
(r) See p. 569, infra.
4 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 5. or of a dwelling-house, or is the wife of a husband
entitled to be so registered.
In view of the words in the second sentence of
sect. 5 (1), the right to be registered in pur-
suance of the foregoing provision shall be in
addition to any other right to be registered,
it is clear that a female naval or military voter
is entitled to be registered by reason of a parlia-
mentary qualification which she in fact has.
As to the qualifications here referred to, see pp.
67 72, supra. It must, of course, be remembered
that the qualifying period for a naval or military
voter is one month ; see pp. 96, 97, supra.
(3) If in the case of a university constituency she
has the requisite qualification for such constituency.
See p. 73, supra.
6 - " -'The qualifying period shall be a
period of six months ending either on the
fifteenth day of January, or the fifteenth
day of July, including in each case the
fifteenth day : l
Provided that in the application of this
section to a person who is a naval or
military voter, or who has been serving as
a member of the naval, military, or air
forces of the Crown at any time during
the said six months and has ceased so to
serve, one month shall be substituted for six
months as the qualifying period. 2
NOTE. Sect. 6 defines the qualifying period,
1 See pp. 95, 96, infra. 2 See pp. 96, 97, infra.
ORDINARY QUALIFYING PERIOD. 96
which is one of the elements of (1) the residence Sect. 6.
qualification (r), (2) the business premises quali-
fication (), (3) the local government franchise for
men (), (4) the franchises for women (u), and
(5) the franchise of naval and military voters (x).
Sect. 6 in effect enacts that there shall be two
kinds of qualifying periods ; the one of general
application, which is called in this Note the
ordinary qualifying period, the other applying only
to a certain class of persons, namely, naval and
military voters, or persons who have been and
are no longer soldiers and sailors within the pro-
viso to sect. 6, which is called in this Note the
special qualifying period.
( 1 ) The ordinary qualifying period. This is a
period of six months ending either on the 15th
day of January or the 15th day of July,* including
in each case the fifteenth day, i.e., there are in
each twelve months two qualifying periods, the
one from 16th July to 15th January (both dates
inclusive), the other from 16th January to loth
July (both dates inclusive). As the law does not
take notice of a part of a day(^), it would be
sufficient in order to come within the words
" during the whole of the qualifying period"
(r) See pp. 9 24, supra.
(s) See pp. 24 37, supra.
(*) See pp. 4262, supra.
(te) See pp. 65 76, supra.
(x} See pp. 8594, supra.
(y) 1 BI. Com. 463 ; Anon. (1700), Ld. Eaym. 480, 1096.
* N.B. In connection with the first register under the Act the
last day of the qualifying period is loth April, 1918 (Order in
Council dated 4th June, 1918, rule 6, p. 749, and Fifth Schedule,
p. 752).
6 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 6. if the residence or occupation required began on
any part, however late, of the first day of the
period, and ended on any part, however early,
of the last day of the period.*
The Spring Register is made for the period
ending on January 15th, and the Autumn Register
is made for the period ending on July 15th (y).
The ordinary qualifying period of six months is
the one applicable to all persons claiming the
franchise under sects. 1, 3, 4 (1), (3) and (5),
subject to the exception mentioned in the proviso
to sect. 6, and referred to below.
(2) A special qualifying period. The effect of
the proviso in sect. 6 is to create a special quali-
fying period of one month, ending either on
the fifteenth day of January or the ijfteenth day
of July,* including in each case the fifteenth day,
i. e., there are in each twelve months two such
periods, the one from December 16th to January
15th (both dates inclusive), the other from
June 16th to July loth (both dates inclu-
sive). What Avas said under ( 1 ), above, as to the
sufficiency of part of a day applies equally
here. This special qualifying period is. for a
particular class of persons, treated as though
it were the ordinary qualifying period. The
persons to whom the special qualifying period
is applicable are (a) a naval or military voter (z),
(z) Sect. 11, p. 125 infra, and see footnote (*) below.
* N.B. In connection with the first register under the Act the
last day of the qualifying period is loth April, 1918 (Order in
Council dated 4th June, 1918, rule 6, p. 749, and Fifth Schedule,
p. 752).
SPECIAL QUALIFYING PERIOD. 97
and (b) any person claiming the franchise under Sect. 6.
sects. 1, 3, 4 (1) and (3), who at any time during
the ordinary qualifying period(#)has been serving
as a member of the naval, military, or air forces
of the Crown (#), arid has during the same quali-
fying period ceased so to serve. E>9> a soldier
is serving in the army on 17th July in any
year and is invalided out of the army on the
18th July ; then, provided he fulfils the other
conditions (c) necessary to acquire the franchise,
he need only reside in premises or occupy land
or premises from December 16th to January 15th
in order to be entitled to be registered for the
qualifying period ending January 15th.
The special qualifying period applies to local
government electors as well as to parliamentary
electors. It is clear that although sect. 5 deals
only with the parliamentary franchise, a u naval
or military voter " as defined by that section can
be a local government elector.
A curious point arises in connection with the
special qualifying period with respect to the inter-
pretation of sect. 7 (2) dealt with on pp. 16 23,
27, 28, 45, 46, supra. Though doubtless contrary
to the intention of those who framed the Act, it
would appear that a person to whom the special
qualifying period is applicable could not avail
himself or herself of the provisions of sect. 7 (2),
as the words therein, " for part of the qualifying
v.
(a) See p. 95, supra.
(b) See pp. 82, 83, supra.
(c) See pp. 3, 4, supra.
^8 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 7. period not exceeding four months in the whole,"
cannot apply to the qualifying period of one month.
It should be noticed that as regards Ireland
the provisions of sect. 44 (11) (a), set out at p. 334,
infra, are substituted for sect. 6.
supplemental 7. (i) Where premises are in the ioint
provisions &s ^ ' **
to residence occupation of two or more persons, each of
and occu- A . i 11 / i /
the joint occupiers shall, for the purposes of
this Part (d) of this Act, be treated as occu-
pying the premises, subject as follows :
(a) In the case of the occupation of busi-
ness premises the aggregate yearly
value of the premises must for the
purpose of the parliamentary fran-
chise be not less than the amount
produced by multiplying ten pounds
by the number of the joint occu-
piers ; and *
(b) In the case of the occupation of land
or premises (not being a dwelling-
house) the aggregate yearly value
thereof must for the purpose of the
parliamentary franchise of women
be not less than the amount pro-
duced by multiplying five pounds
by the number of joint occupiers ;
and
(c) Not more than two joint occupiers
(d} I.e., Part I,, ss. 110.
SUPPLEMENTAL PROVISIONS AS TO RESIDENCE, ETC. 9tY<)ts at
general election for more than one consti-
tuency for which he is registered by virtue
of a residence qualification or for more than
one constituency for which he is registered
by virtue of other qualifications of whatever
kind, 2 and a woman shall not vote at a
general election for more than one consti-
tuency for which she is registered by virtue
of her own or her husband's local govern-
ment qualification, or for more than one
constituency for which she is registered by
virtue of any other qualification. 3
(2) A person registered as a local govern-
ment elector for any local government
electoral area shall while so registered (and
in the case of a woman notwithstanding sex
or marriage) be entitled to vote at a local
government election for that area, 4 but
where, for the purposes of election, any such
area is divided into more than one ward or
electoral division, by whatever name called, a
person shall not be entitled to vote for more
than one such ward or electoral division. 5
Notwithstanding anything in this provi-
sion a person may be registered for more
than one such ward or division of a local
government electoral area (not being a
1 See pp. 102108, infra. 3 Ibid.
3 See pp. 108110, infra. 4 See p. 110, infra.
5 See pp. 110111, infra.
OF THE PEOPLE ACT, 1918.
-mimicip'ai' borough), and may vote in any
such ward or division for which he is regis-
tered at an election to^fill a casual vacancy. 6
(3) A naval or military voter who is regis-
tered in respect of a qualification which he
would have had but for his service shall be
deemed for the purpose of this section to be
registered by virtue of that qualification. 7
NOTE. Sect. 8 deals with the rights of persons,
both male and female, registered as parliamentary
or local government electors to vote.
Sect. 8 (1) begins by stating the general prin-
ciple that every person registered as a parlia-
mentary elector for any constituency shall, while
so registered (and in the case of a woman not-
withstanding sex or marriage), be entitled to
vote at an election of a member to serve in
Parliament for that constituency (d), and then
proceeds to limit the number of votes which a
person may give.
The principle that registration entitles a person
to vote must be read in conjunction with and sub-
ject to the qualifications contained in sect. 9 (3).
Sect. 9 (3) is as follows : " A person shall not be
entitled to be registered or to vote as a parliamen-
tary or local government elector if he is not a
British subject (c), and nothing contained in this
fi See pp. Ill, 112, infra. " Seep. 112, infra.
(d) As to the meaning of " constituency," see p. 3, footnote (a),
tupra.
() See pp. 121, 122, infra.
RIGHT OF PERSON REGISTERED TO VOTE. 103
Act shall, except as expressly provided therein, Sect 8.
confer on any person who is subject to any legal
incapacity to be registered or to vote either as
a parliamentary or local government elector any
right to be so registered or to vote."
The sub-section just quoted has, as regards
parliamentary electors, the same effect, except as
to penalties, as the proviso in sect. 7 of the Ballot
Act, 1872, which stands unrepealed by the present
Act. That proviso is as follows: " Nothing in
this section (sect. 7 of the Ballot Act, 1872) shall
entitle any person to vote who is prohibited from
voting by any statute, or by the common law of
Parliament, or relieve such person from any penal-
ties to which he may be liable for voting." The
words " subject to any legal incapacity" in
sect. 9 (3) of the present Act have the same effect
as the words " prohibited ... by any statute or
by the common law of Parliament " in sect. 7 of
the Ballot Act, 1872.
The position as regards voting of a person who
is registered as a parliamentary elector is, there-
fore, as follows, bearing in miud, however, the
limitation of the number of votes which one
person is entitled to give, which is dealt with
on pp 108 110, infra.
The register at an election is conclusive evi-
dence ( /) of the right of any person to vote whose
name appears therein, and no one is entitled to
vote unless his name is on the register of electors
for the time being in force. The register is also
conclusive evidence (/) before any tribunal in-
(/) See pp. 104, 105, 106, 107, infra.
104 KEPKESEiNTATlON OF THE PEOPLE ACT, 1918.
Sect. 8. quiring into any election except in the cases of
voters to whom some personal disqualification
attaches, /.., voters who are legally incapaci-
tated^). The remarks of the learned judges in
the cases hereinafter cited, which were decided
under the Ballot Act, 1872, apply equally under
the present Act.
In Stowe v. Jolliffe(h), Lord Coleridge, C.J.,
said :
"I think the true construction of these sec-
tions (Y) . . . is to make the register conclusive
not only on the returning officer, but also on any
tribunal which has to inquire into elections, except
in the case of persons ascertained by the proviso
(at the end of sect. 7). These are ' persons pro-
hibited from voting by any statute or by the
common law of Parliament.'
u I do not think that these words are pointed
at any of the cases which my brother Mellor has
referred to us. . . . Non-residence within the proper
distance of the borough ; non -occupation; insuffi-
cient qualification none of these things appear
to satisfy the words of this proviso. It does not
mean persons who from failure in the incidents
or elements of the franchise could be successfully
objected to on the revision of the register ; it
means persons who from some inherent or for the
() See pp. 48, supra.
(A) (1874), L. E. 9 0. P. 750.
(t) Sect. 7 of the Ballot Act, 1872, and sect. 79 of the Parlia-
mentary Voters Registiation Act, 1843. The enacting part of
sect. 79 (which was the only part of that section still in force at
the time of the above decision) was to the same effect as sect. 7 of
the Ballot Act.
RIGHT OF PERSON RKGISTERKU TO VOTK.
time irremovable quality in themselves have riot, Sect. 8.
either by prohibition of statutes or at common
law, the status of parliamentary electors (k). Such,
for example, are peers, \vhether of the United
Kingdom, orof Scotland, or of Ireland, . . . persons
holding certain offices or employments the subjects
of statutory prohibitions, and persons convicted of
crimes which disqualify them from voting. I do
not say that this list is exhaustive. It is enough
to give examples of the cases in which I think the
register would be still open."
The register, therefore, will not be conclusive
at the trial of an election petition in the case of
the persons mentioned on pp. 5 7, supra, as
being legally incapacitated, whether the disquali-
fication occurs before or after registration. But
in all these cases the returning officer cannot
refuse to deliver a ballot paper if the person's
name is on the register, though if he votes his
name may be struck off on a scrutiny (I).
In all cases, however, where the disqualification
is not of a personal nature the register will be
conclusive even at the trial.
Thus non-residence (ni), non-occupation or in-
sufficient qualification (w), or other non-personal
disqualification will not disqualify if the name is
in fact on the register.
(ft) See pp. 4 8, supra.
(I) See pp. 106, 107, Infnt.
(m) Stoive v. Jollifft (1874), L. R. 9 (..'. P. 750.
(n) Ibid.
REPRESENTATION 7 OF THE PEOPLE ACT, 1918.
8 " It seems to me," said Channel!, J., in Pem-
broke (q), " that the policy of the Legislature has
from the time of the Reform Act of 1832 until
the Ballot Act been to make it necessary to raise
all questions as to rights to vote in the Registration
Court (r), and to do this by preventing their being
raised at any other time or in any other manner.
. . . The 7th section of the Ballot Act, ... as
interpreted and explained in Stowe v. Jollife,
reads thus : * At an election a person shall not be
entitled to vote unless his name is on the register,
even although he ought to be on, and every person
whose name is on the register shall be entitled to
vote, even if it ought not to be on.' '
The presiding officer is in no way concerned
with persons who are disqualified from voting
either by the common law of Parliament or by
statute. If these persons are on the register their
votes must, if tendered, be accepted, though they
will be struck off on petition. u Now, the obvious
intention of the proviso at the end of sect. 7,"
said Lush, J., in Worcester (9), "is not in order
that any objection of the kind mentioned in that
proviso may be taken in the polling booth, but
the legislature put in this proviso lest the enacting
part should be held to restore or make absolute
the qualification of a man who really has no
qualification. . . . The battle of qualification shall
() Per Channell, J., in Pembroke (1901), 5 O. & H. at p. 144.
(r) Under the present Act the registration court is abolished, but
the registration officer takes its place. See First Schedule, rules
2026, pp. 347349, and rule 39, p. 353, infra.
() (1880), 3 0. & H. at p. 186.
RIGHT OF PERSON REGISTERED TO VOTE.
lor
be fought either beforehand in the Registration Sect. 6.
Court, or after the election upon a scrutiny."
u When you say that the register is conclusive,
as has often been said, what you mean is this
that it is conclusive that the people who are on it
have the qualification which entitles them to be
there. It may be that they are not to be entitled
to vote by reason of the 7th section of the Ballot
Act (t). . . . Until recent years there was no
register, and the register was instituted, I think,
for this purpose. There were ways of disputing
who had a right to vote cumbersome and ex-
pensive ways and the register was instituted as
a simple method of finding out, by means of the
Revising Barrister (w), who should be put on the
register. People could claim to be put on, and
people could object to others being put on, and
the claims and objections could be investigated
by the Revising Barrister. But in my judgment
the intention of the Legislature . . . was this : to
compile a list, which, except in special circum-
stances which are provided for, should be conclu-
sive as showing those people had passed a test as
to whether they were to vote or not, and had been
declared to have satisfied that test" (#).
From what has been said above, it is clear the
general principle laid down in sect. 8 of this Act
(*) See p. 103. supra.
(M) Under the present Act tho office of revising banister is
abolished, but his place is taken by the registration officer. See
footnote (r) on preceding page.
(ac) Per Darling, J., in Pembroke (1901), 5 O. & H. at pp. 137, l:W.
108 REPRESENTATION OF THE PEOPLE ACT, 19 18.
Sect. 8. is that a person who is registered has a right to
vote, although in certain cases his vote may be
invalid. But the second part of sect. 8(1) intro-
duces a limitation on the number of votes which
a man or woman, although registered as a parlia-
mentary elector in several constituencies, may
give. This limitation is as follows :
A man shall not vote at a general election for
more than one constituency for which he is
registered by virtue of a residence qualification
or for more than one constituency for which he
is registered by virtue of other qualifications of
whatever kind, and a woman shall not vote at a
general election for more than one constituency
for which she is registered by virtue of her own
or her husband's local government qualification,
or for more than one constituency for which she
is registered by virtue of any other qualification.
There is nothing in this Act to prevent a man
or woman being registered as a parliamentary
elector in several different constituencies in re-
spect of land or premises in those constituencies
provided he or she is qualified for registration in
respect of such land or premises. By the latter
part of sect. 8(1) just quoted, however, a man
cannot, at a general election, have more than
two votes notwithstanding that he is registered
in more than two constituencies. He will have
two votes if he is registered in one constituency
by virtue of a residence qualification (j/), and in
another constituency by virtue either of a busi-
(//) Seo pp. 9 24, si>r.
NUMBER OF VOTKS ALLOWED. 109
ness premises qualification (z) or of a university Sect, a
qualification (a), or as a freeman (b).
It should be noticed, however, that if he is
registered in more than one constituency by
virtue of qualifications other than a residence
qualification he will only have one vote ; e.g. a
man may be registered in constituency X by
virtue of a business premises qualification, and
in the university constituencies Y and Z by
virtue of a university qualification, yet he can
only make use of one of these qualifications for
the purpose of voting, as he would not come
within the provisions of sect. 7 (2) relating to
the double vote. As to the method by which it
is secured that the provisions as to the limitation
of votes shall be observed, see pp. 164 172, infra.
Similarly, a woman cannot, at a general election,
have more than two votes, notwithstanding that
she is registered in more than two constituencies.
She will have two votes if she is registered in one
constituency (other than a university constituency)
by virtue of her own or her husband's qualifica-
tion (c), and in another, a university constituency,
by virtue of a university qualification (d).
A woman who is registered in more than one
constituency (other than a university constituency)
by virtue only of her own or her husband's quali-
fication, will only have one vote, and the same
(z) See pp. 2437, supra.
(a) See pp. 3739, supra.
(b) See pp. 147, 148, infra.
(c) See pp. 6772, supra.
(d) See pp. 72, 73, supra.
1 10 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 8. applies to a woman registered in more than one
university constituency by virtue of a university
qualification. As to the way in which the limita-
tion on the number of votes is safeguarded from
infringement, see pp. 164 172, infra.
It should be noticed that both in the case
of men and women, this limitation imposed by
sect. 8 (1) on the number of votes they may give
applies, only to a general election. There is
nothing to prevent a person registered in a con-
stituency by virtue of any qualification from
making use of his or her vote at a bye-election in
the constituency, and also at a bye-election in any
other constituency or constituencies in which he
or she is registered by virtue of any qualification.
Sect. 8 (2) like sect. 8 (1) begins by stating the
general principle that a person registered as a
local government elector for any local govern-
ment electoral area shall while so registered
(and in the case of a woman notwithstanding
sex or marriage) be entitled to vote at a local
government election for that area. This prin-
ciple is subject to the same qualifications as were
noticed on pp. 102 108, supra, in the case of
parliamentary electors, and what was there said
applies equally here.
But similarly to sect. 8(1), sect. 8(2) intro-
duces a limitation on the number of votes which
a man or woman may give, by providing that
where, for the purposes of election, any such
area is divided into more than one ward or
electoral division, by whatever name called, a
person shall not he entitled to vote for more than
one such ward or electoral division.
NUMBER OF VOTES ALLOWED. Ill
The word election here means (/) an election Sect. e.
(other than an election to fill a casual vacancy)
for any county council, municipal borough council,
metropolitan borough council, district council,
board of guardians, parish council, or any other
body elected by persons on the local government
register or on the register of parochial electors.
At any such election, therefore, a local govern-
ment elector, whether man or woman, may give
one vote only for one ward or electoral division,
and no more,
Sect. 8 (2) further provides that :
Notwithstanding anything in this provision
a person may be registered for more than one
such ward or division of a local government
electoral area (not being a municipal borough),
and may vote in any such ward or division for
which he is registered at an election to fill a
casual vacancy.
The words " election to fill a casual vacancy"
mean in relation to local government elections
what " bye-election " means in relation to parlia-
mentary election.
If a person is registered in respect of more
than one ward or division of a local government
electoral area (not being a municipal borough),
such person may at an election other than an
election to fill a casual vacancy select the ward
or division for which he wishes to vote.
As will have been noticed, a person cannot be
registered in more than one ward of a municipal
borough (g).
(/) See sect. 41 (2), pp. 305, 306, infra.
(g) See that part of sect. 8 (2) which is set out on preceding page.
112 KEPRESENTATTON OF THE PEOPLE ACT, 1918.
Sect. 8. As regards Ireland, sect. 8 (2) must be read
subject to the provisions of sect. 44 (14) (h).
(3) A naval or military voter who is registered
in respect of a qualification which he would have
had but for his service shall be deemed for the
purpose of this section to be registered by virtue
of that qualification.
As to u naval or military voter" and the quali-
fication here referred to, see pp. 76 94, supra.
Pro vision a* 9. (1) A person shall not be disqualified
to di*qualifi- V . . , f , ?
from being registered, or from voting as a
parliamentary or local government elector
by reason that he or some person for whose
maintenance he is responsible has received
poor relief or other alms. 1
(2) Any person, being a conscientious
objector to whom this subsection applies, 2
shall be disqualified during the continuance
of the war and a period of five years there-
after 3 from being registered or voting as a
parliamentary or local government elector,
unless, before the expiration of one year
after the termination of the war, he proves
to the central tribunal as established for the
purposes of the Military Service Act, 1916 4 :
(a) that he has during the continuance
of the war taken up and, so far as
1 See pp. 116, 117, infra. 3 See pp. 117, 118, infra.
* See p. 117, infra. 4 See pp. 118, 119, infra.
(h) See p. 335, infra.
DISQUALIFICATIONS. 1 1 3
reasonably practicable, continued sect. 9.
service which constitutes a person
(other than a person serving on full
pay as a member of any of the
naval, military, or air forces of the
Crown) a naval or military voter
for the purposes of this Act 5 ; or
(b) that having been exempted from
military service on condition of
doing work of national importance
he has done such work in accord-
ance with the decision and to the
satisfaction of the appropriate tri-
bunal or authority 6 ; or
(c) that having obtained an absolute
exemption from military service
without any such condition, he
has nevertheless (whether before
or after the passing of this Act)
been engaged in and, so far as
reasonably practicable, continued
some work of national importance ;
and obtains a certificate from the central
tribunal to that effect. 7
This subsection shall apply to a conscien-
tious objector who either
(i) has been exempted from all military
service (including non-combatant
6 See pp. 119, 120, infra. 6 See p, 120, infra.
7 See pp. 120, 121, infra.
114 REPRESENTATION OF THE PEOPLE ACT, 1918.
sect. 9. service) on the ground of conscien-
tious objection 8 ; or
(ii) haying been convicted by court
martial of an offence against mili-
tary law, and having represented
that the offence was the result of
conscientious objection to military
service, has been awarded imprison-
ment or detention. 9
The central tribunal established under
the Military Service Act, 1916, shall be
continued for the purpose of this subsection
for a period of a year after the termination
of the present war. 10
If a person disqualified under this sub-
section would have been entitled to be
registered as a parliamentary or local
government elector but for that disquali-
fication, the disqualification shall not extend
so as to affect the right of the wife of that
person to be registered or vote as a par-
liamentary or local government elector, as
the case may be. 11
(3) A person shall not be entitled to be
registered or to vote as a parliamentary
or local government elector if he is not a
British subject, and nothing contained in
8 See p. 117, infra. 10 See p. 121, infra.
9 See p. 117, infra. See p. 121, infra.
DISQUALIFICATIONS.
this Act shall, except as expressly provided Sect - 9 -
therein, confer on any person who is subject
to any legal incapacity to be registered or
to vote either as a parliamentary or local
government elector any right to be so regis-
tered or to vote. 12
(4) A person shall not be disqualified from
voting at any election as a parliamentary or
local government elector by reason that he
is employed for payment by or on behalf of
a candidate at such election, so long as the
employment is legal. 13
(5) Any incapacity of a peer to vote at
an election arising from the status of a peer
shall not extend to peeresses in their own
right. 14
NOTE. This section re-enacts certain existing
disqualifications, imposes a new disqualification,
and also removes certain previously existing dis-
qualifications from being registered, and from
voting, as a parliamentary or local government
elector.
The section falls under five heads. Sub-sect. (1)
removes the existing disqualification arising from
the receipt of poor relief or other alms in the
case of parliamentary and local government
12 See pp. 121, 122, infra. 13 Seep. 122, infra.
14 See pp. 122, 123, infra.
8(2)
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 9. electors(^). Sub-sect (2) disqualifies conscientious
objectors for a certain period and subject to
certain conditions (i). Sub-sect. (3) re-affirms the
disqualification arising from legal incapacity (&).
Sub-sect. (4) removes the existing disqualification
from voting of election agents, or other persons
legally employed for payment by or on behalf of
candidates (/). Sub-sect. (5) declares that peer-
esses in their own right are not disqualified from
voting (m).
As to sub-sect. (1). A person shall not be dis-
qualified from being registered or from voting as
a parliamentary or local government elector by
reason that he or some person for whose main-
tenance he is responsible has received poor relief
or other alms,
As was pointed out above this sub-section re-
moves the disqualification from being registered
or from voting as a parliamentary or local govern-
ment elector by reason of the receipt of poor relief
or other alms, either by the elector or some other
person for whose maintenance he is responsible.
The only disqualification of this kind which
exists under the present Act is that which arises
in reference to the residence qualification by
reason of sect. 41 (5), which provides that u a
person who is an inmate or patient in any prison,
lunatic asylum, workhouse, poorhouse, or any
other similar institution shall not by reason
(h] See pp. 116, 117, infra,
(i) See pp. 119121, infra.
(&) See pp. 121, 122 ; infra.
(I) See p. 122, infra.
(m) See pp. 122, 123, infra.
CONSCIENTIOUS OBJECTORS.
thereof be treated as resident therein for any Sect. 9.
purpose of this Act " (w).
As to sub-section (2). Any person, being a
conscientious objector to whom this subsection
applies. In order to ascertain the meaning of
these words it is necessary to consider the words
in sub-section (2) beginning, This subsection shall
apply to a conscientious objector who either
(i) has been exempted from all military service
(including non-combatant service) on the ground
of conscientious objection;
The expression "a conscientious objector"
cannot include a woman, as the Military Service
Act, 1916, only applies to men. The exemption
referred to in the sub-section is granted under that
Act by the tribunals constituted thereunder.
or (ii) having been convicted by court-martial
of an offence against military law and having
represented that the offence was the result of
conscientious objection to military service, has
been awarded imprisonment or detention.
These words would include any man who,
whether he has claimed exemption or not on
the ground of conscientious objection, has been
engaged in military service, and on being con-
victed by court-martial of an offence against
military law, has represented that the offence was
the result of conscientious objection, and has been
awarded imprisonment or detention.
Sub-section (2) enacts that a conscientious
objector coming within the above description
(n) See p. 15, supra.
11 H REPRESENTATION OF THE PEOPLE ACT, 1918.
sect. 9. shall be disqualified during the continuance
" of the war and a period of five years thereafter
from being registered or voting as a parlia-
mentary or local government elector.
It is submitted that the effect of these words is
to impose a legal incapacity to be registered or
to vote as a parliamentary or local government
elector on all persons coming within sect. 9 (2).
As was pointed out above (0), the expression
" legal incapacity " means " some inherent or
for the time irremovable quality in" a person
" which either by prohibition of statutes or at
common law " deprives such person of the status
of a parliamentary elector (p). It would seem
clear that the disqualification imposed by sect,
9 (2) is of this nature. Moreover, if this sub-
section is not intended to impose a legal inca-
pacity, the words "from voting" would be of
no effect, since it is only where an elector is
legally incapacitated that his vote can be struck
off on a scrutiny, notwithstanding the fact that
he is registered (q).
unless, before the expiration of one year after
the termination of the war, he proves to the
central tribunal as established for the purposes
of the Military Service Act, 1916
By international law war is terminated by the
conclusion of a treaty of peace or by simple
cessation of hostilities (r). In the absence of
some special provision either in an Act of Parlia-
(o) See pp. 5, 104, 105, supra.
(p) Stowe v. Jolliffe (1874), L. E. 9 C. P. 750.
(?) See pp. 8, 103108, supra.
(r} See " International Law," by W. E. Hall, 6th ed., p. 553.
CONSCIENTIOUS OBJECIORS.
ment or in the treaty of peace, it is submitted Sect. 9.
that the termination of the war would not be held
to date from the commencement of an armistice.
the central tribunal established under the
Military Service Act, 1916
The central tribunal is the highest of the three
tribunals established under the Military Service
Act, 1916, and by sect. 2 (7) of that Act is
constituted in accordance with the provisions of
the Second Schedule to that Act. The present
Act contains no provision as to the procedure to
be adopted on an application to the central tri-
bunal by any person who wishes to avail himself
of the provisions of sect. 9 (2) (a), (b) and (c).
By clause 5 of the Schedule to the Military Ser-
vice Act, 1916, " His Majesty may by Order in
Council make regulations with respect to the
constitution, functions and procedure of the . . .
central tribunal, and so far as provision is not
made for procedure by those regulations, the
procedure of the tribunal shall be such as may
be determined by the tribunal." The application
can be made at any time after the passing of the
present Act and " before the expiration of one
year after the termination of the war."
(a) that he has during the continuance of the
war taken up and so far as reasonably practi-
cable continued service which constitutes a
person (other than a person serving on full pay
as a member of any of the naval, or military
or air forces of the Crown) a naval or military
voter for the purposes of this Act ;
It should be noticed that although the applica-
REPRESENTATION OF THE PEOPLE ACT, 1918.
tion to a central tribunal, referred to above, may
be made at any time up to the expiration of one
year after the end of the war, the service men-
tioned in sect. 9 (2) (a) must have been taken up
during the continuance of the war.
See as to the " service which constitutes a
person ... a naval or military voter," pp. 79 85,
supra.
(b) that having been exempted from military
service on condition of doing work of national
importance he has done such work in accordance
with the decision and to the satisfaction of the
appropriate tribunal or authority,
This condition applies to those conscientious
objectors who have not obtained a certificate of
absolute exemption but have obtained under sect.
2(3) of the Military Service Act, 1916, a cer-
tificate "'conditional on the applicant being en-
gaged in some work which in the opinion of the
tribunal dealing with the case is of national
importance."
" The appropriate tribunal " here referred to
is of course the particular tribunal which granted
the conditional certificate, and the "'authority"
means the authority in whose employment the
work was done. The u satisfaction " required
under sect. 9 (2) (a) of the present Act is either
that of the " tribunal " or of the " authority."
Sub-section (2) (c) of sect. 9, which deals with
conscientious objectors who have been absolutely
exempted, needs no comment.
and obtains a certificate from the central
tribunal to that effect.
DISQUALIFICATIONS. 121
The applicant must not only prove to the Sect. o.
central tribunal the necessary facts in (a), (b)
or (e), but must also obtain a certificate from the
tribunal to that effect. This will, of course,
afford the necessary and conclusive proof to the
registration officer that the applicant is not dis-
qualified as a conscientious objector.
If a person disqualified under this subsection
would have been entitled to be registered as a
parliamentary or local government elector but
for that disqualification, the disqualification shall
not extend so as to affect the right of the wife of
that person to be registered or vote as a parlia-
liamentary or local government elector as the
case may be.
The effect of this provision is that when
a woman would be entitled under sect. 4 (1)
to be registered as a parliamentary elector, or
under sect. 4 (3*) (b) as a local government
elector, by reason of the fact that her husband
would, but that he is disqualified under sect. 9 (2),
have the necessary qualification to be registered
as a local government elector under sects. 4 (1) (c)
or 4 (3) (b) respectively, she shall not lose her
right to be registered or to vote in consequence
of her husband being so disqualified.
As to sub-sect. (3) of sect. 9. The words if he is
not a British subject would appear to be sur-
plusage, as aliens are subject to a legal incapacity
to be registered or to vote as parliamentary or
local government electors (w). It could not be
(it) See pp. 4, 5, supra.
122 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 9. argued that these words impose an incapacity of
' a different kind to the one already attaching to
aliens, and that the effect of the words a person
shall not be entitled ... to vote as a parlia-
mentary or local government elector is to make
it the duty of the returning officer to ascertain in
the polling-booth whether the person seeking to
vote is or is not a British subject, and in the latter
case to refuse to allow him to vote. If this were
the meaning of the words there would be a further
question which the returning officer would be re-
quired to put to the voter in addition to those
already authorised (v) to be asked. The effect
of this incapacity, like that of the other legal
incapacities (#), is that the vote of the person who
is subject to it can be struck off on a scrutiny.
As to the remaining words of sub-section (3),
see pp. 102 108, supra.
As to sub-section (4). This removes the pre-
viously existing disqualification from voting as a
parliamentary elector attaching to an election-
agent, sub-agent, polling- agent, clerk or mes-
senger employed for payment by a candidate at
a parliamentary election (y}.
As to sub-section (5). This would appear to be
merely declaratory, as the reasons for which it
has been held that peers are legally incapable of
exercising the parliamentary franchise do not
(v) See pp. 167172, infra,
(x) See pp. 8, 104108, supra.
(y) See pp. 224226, infra.
c
QUALIFICATION FOR MEMBER OF LOCAL AUTHORITY.
apply to peeresses (#), whether in their own right Sect. 9.
or by marriage. There is, of course, nothing to
prevent either peers or peeresses from voting at
a local government election.
10. A person shall, in addition to and Provision as
without prejudice to any other qualifica- t
tion, be qualified to be elected a member of
the local government authority for any local
government electoral area 1 if he is the owner
of property held by freehold, copyhold,
leasehold, or any other tenure 2 within the
area of that authority.
NOTE. The effect of this section is to enlarge
the qualifications for membership of local
government authorities. There is no limit
of value in regard to the qualifying property,
nor need the ownership have lasted for any
particular period. The section also prevents
the possible disqualification, by reason of the
conditions of the local government or parlia-
mentary franchise as laid down in the present
Act, of any person from being elected a member
of a local government authority, where such
person would have been qualified for such election
under the previously existing law ; e.g., by
sect. 2 (b) of the Local Government Act, 1888,
" a person shall be qualified to be an alderman or
1 See p. 124, infra. 2 See p. 124, infra.
(z) See p. 67, supra.
124 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 10. councillor who, though not qualified in manner
provided by the Municipal Corporations Act, 1882,
as applied by this Act (i.e., Local Government
Act, 1888) ... is registered as a parliamentary
voter in respect of the ownership of property of
whatsoever tenure situate in the county." Since
the ownership qualification for the parliamentary
franchise is abolished by the present Act, the case
might arise where a person who would have been
qualified under the above- quoted provision would,
in the absence of sect. 10, set out above, not be so
qualified under the present Act.
the local government authority for any local
government electoral area,
The words u local government authority "
mean a county council, municipal borough coun-
cil, metropolitan borough council, district council,
board of guardians, parish council, or any other
body elected at the time of the passing of this
Act by persons on the local government register
or on the register of parochial electors (a) ; and
the expression " local government electoral area"
means the area for which any of the bodies just
mentioned is elected (a).
the owner of property held by freehold, copy-
hold, leasehold, or any other tenure.
The word "owner" is used here somewhat
loosely, and not in the sense in which it is used
in sect. 3 (b).
(a) See sect. 41 (2), pp. 305, 306, infra.
(6) See p. 46, supra.
REGISTERS.
PART II.
REGISTRATION.
[Sections 1119.]
11. (1) Two registers of electors shall be spring and
prepared in every year, of which one (in this
Act referred to as the spring register) shall
be made for the qualifying period ending on
the fifteenth day of January, 1 and the other
(in this Act referred to as the autumn
register) shall be made for the qualifying
period ending on the fifteenth day of July. 2
(2) The spring register shall come into
force on the commencement of the fifteenth
day of April and remain in force until the
fifteenth day of October, 3 and the autumn
register shall come into force on the com-
mencement of the fifteenth day of October
and remain in force until the fifteenth day
of April. 4
(3) If for any reason the registration
officer fails to compile a fresh spring or
autumn register for his area or any part of
1 See pp. 126, 127, infra. 3 See pp. 127, 128, infra.
2 See pp. 126, 127, infra. * See pp. 127, 128, infra.
126 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - n - his area, the register in force at the time
when the fresh register should have come
into force shall continue to operate as the
register for the area or part of an area in
respect of which default has been made. 5
NOTE. Sect. 11 deals with the registers of
electors, which it defines, and also provides for
the contingency of a failure to compile a fresh
register.
As to sub-section (1). This provides that there
shall be two -registers in every twelve months,
viz. (a) the Spring register, on which are to be
placed the names of the men and women who are
entitled to be registered as parliamentary or local
government electors by reason of their having
fulfilled the conditions of the franchise during
the qualifying period ending on January 15th,
and (b) the Autumn register, on which are to be
placed the names of the men and women who
are entitled to be registered as parliamentary or
local government electors by reason of their having
fulfilled the conditions of the franchise during
the qualifying period ending on July 15th.
It is submitted that the above is the meaning of
sect. 11 (1). The words in that sub-section (. . .
the Spring register) shall be made for the quali-
fying period ending on the fifteenth day of
January and the corresponding words relating
to the Autumn register can only mean that the
Spring and Autumn registers respectively shall
6 See pp. 128130, infra.
REGISTERS. 127
contain the names of the persons entitled to be Sect - 11 -
registered by reason of their having fulfilled the
conditions of the franchise during the qualifying
periods ending January loth and July 15th re-
spectively (c).
As to the conditions of the franchise, see sec-
tions 1, 3, 4, 5, supra. As to the qualifying
period, see pp. 95 98, supra.
As to sub-section (2). The Spring register is
valid only from midnight, April 14th, until mid-
night, October 14th, and the Autumn register
from midnight, October 14th, until midnight,
April 14th. As was noted above, the Spring
register contains the names of the persons who
are entitled to be registered by reason of their
having fulfilled the conditions of the franchise
during the qualifying period ending on January
15th, and such persons accordingly only obtain
the rights which registration confers (d) during
the time when the Spring register is in force,
viz. from April 15th to October 15th. Similarly,
the Autumn register contains the names of the
persons who are entitled to be registered by
reason of their having fulfilled the conditions of
the franchise during the qualifying period
ending on July 15th, and accordingly such
persons only obtain the rights which registration
confers (e) during the time when the Autumn
register is in force, viz. from October 15th to
(c) But as to the first register, see pp. 128, 129, infra.
(d) See pp. 102 108, supra.
(e) See pp. 102108, supra.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 11. April 15th. In other words, for a person to
enjoy the rights which registration confers(/)
during the whole twelve months, the name of
such person must appear on both registers.
As to sub-section (3). The word area here means
" registration area." By sect. 12 (!)(#) " each
parliamentary borough and each parliamentary
county shall be a registration area."
It should be noticed that by sect. 46 (2) it is
provided that :
u Notwithstanding anything in this Act, the
first register to be prepared under this Act shall
come into force on, and remain in force until,
such date as His Majesty may fix by Order in
Council, and His Majesty may by any such
Order alter, in connection with the first register,
any registration dates, including the dates go-
verning the qualifying period, and direct that
this Act shall have effect as so altered."
By rule 6 of the Order in Council dated
June 4th, 1918 (7), which substituted other dates
for the dates specified in Orders in Council dated
March 4th, 1918 (m) and March 22nd, 191 8 (),
" in connection with the first register to be pre-
pared under the Act the registration dates and
the dates governing the qualifying period shall,
.... be the dates specified in the third column
of the Fifth Schedule to this Order."
(/) See pp. 102108, supra.
(k] See p. 130, supra.
(?) See p. 749, infra.
(m) See pp. 613 614, infra.
(n) See pp. 626627, infra.
DATES FOR FIRST REGISTER.
The Schedule is as follows :
REGISTRATION DATES.
Sect. 11.
Subject-matter.
Date specified
in Act.
Substituted
date.
End of qualifying period ....
Publication of lists
15 Jan. July
1 F e k % Aug.
15 April
29 June
Last day for objections to elec-
tors lists
15 Feb. Aug.
10 July
Last day for claims
Last day for claims as absent
voters
18 Feb. Aug.
18 Feb. Aug.
17 July
31 July
Date referred to in Bale 17
(see p. 345, infra}
18 Feb. Aug.
17 Auer
Publication of list of objec-
tions to electors lists
21 Feb. Aug.
19 July
Publication of list of claimants
Last day for objections to
claimants
24 Feb. Aug.
7 Mar. 4 Sept.
25 July
31 July
Publication of list of objec-
tions to claimants (as soon
as practicable after)
7 Mar 4 Sept.
31 July
Publication and coming into
force of register .
15 ADril Oct.
1 Oct."
In its application to Ireland sect. 11 must be Application
-. , . , -,, . . to Ireland.
read subject to the following provisions of sect.
n
" One register of electors only shall be made
each year, and all provisions applicable to
the autumn register shall apply as respects the
yearly register (except that the yearly register
shall remain in force until the fifteenth day of
October in the next following year), and the pro-
visions as to the preparation of two registers in
each year and as to the spring register shall not
apply."
(o) See pp. 334, 335, infra.
1'JO REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 11. It should be noticed that in Ireland there is
only one qualifying period in each year, being
a period of six months ending on July loth (ri).
12. H) Each parliamentary borough and
officers and > ' TUT
area 8 . each parliamentary county shall be a regis-
tration area, and there shall be a registra-
tion officer for each registration area.
(2) Where the registration area is a par-
liamentary county and is coterminous with,
or wholly contained in, one administrative
county, the clerk of the county council,
and where the registration area is a par-
liamentary borough and is coterminous with,
or wholly contained in, one municipal
borough, the town clerk of the borough
shall be the registration officer for the area.
In any other case such clerk of the county
council, or town clerk, shall be registration
officer for the area as the Local Government
Board may by Order direct, subject to any
conditions which may be made by the Order
as to the appointment of deputies for any
part of the area.
(3) Any of the duties and powers of the
registration officer may be performed and
exercised by any deputy for the time being
approved by the Local Government Board,
(w) See sect. 44 (11) (a), p. 334, infra.
REGISTRATION OFFICERS AND AREAS. 18
and the provisions of this Act shall apply to sect. 12.
any such deputy so far as respects any duties
or powers to be performed or exercised by
him as it applies to the registration officer.
(4) In the event of any vacancy in the
office of any clerk of the county council or
town clerk who is a registration officer, or
in the event of his incapacity to act, any
acts authorised or required to be done by or
with respect to the registration officer may
be done by or with respect to any person
temporarily appointed in that behalf by the
chairman of the county council or the
mayor as the case may be.
NOTE. Each parliamentary borough and each
parliamentary county. A list of these in Eng-
land and Wales is given in the Ninth Schedule to
this Act. See pp. 404467, 482543, infra.
Any of the duties and powers of the registra-
tion officer. As to what these are, see sect. 13,
pp. 133134, infra, and First Schedule, pp. 339-
357, infra.
This section does not apply to Scotland, but Application
,*1 x . . to Scotland.
by section 43, sub-section (8), the provisions of
that sub-section are substituted for those of
section 12. The provisions of section 43, sub-
section (8), will be found set out on pp. 317 319,
infra.
9(2)
H* REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 12. In its application to Ireland sect. 12 of the Act
Applic
to Ireli
cation is, by reason of the provisions of sect. 44, sub-
reland.
sect. (2) (p) and part of sub-sect. (3) (q\ to be read
subject to the following modifications :-
u (2) The reference (in sect. 12 (3)) to the
Local Government Board in relation to the ap-
proval of a deputy for the execution of any of
the powers and duties of a registration officer
shall be construed as a reference to the Lord
Lieutenant, and other references to that Board
shall be construed as references to the Local
Government Board for Ireland :
" (3) (a) The clerk of the crown and peace for
an administrative county, not being a county
borough, shall be the registration officer for any
parliamentary county which is coterminous with,
or the whole or greater part of which is contained
in, the administrative county and no part is con-
tained in a county borough, and the clerk of the
crown and peace for a county borough shall be
the registration officer for any parliamentary
borough which is coterminous with, or the whole
or any part of which is contained in, the county
borough (r) . . . ."
Moreover, sect. 44 (3) (c) (*) is substituted for
sub-sect. (4) of sect. 12.
(p) See p. 327, infra,
(q) See pp. 327, 328, infra.
(r) For the proviso in this sub-section relating to Dublin and
Belfast, see p. 144, infra.
() See pp. 329, 330, infra.
REGISTRATION DUTIES. 133
13. (1) It shall be the duty of the regis- Seot - 18 -
tration officer to compile the spring and d u e t f e ^ rfttion
autumn register, and to place, or cause to be
placed, on the register in accordance with
the rules set out in the First Schedule to
this Act the names of those entitled to vote
as parliamentary electors or local govern-
ment electors in his registration area, and to
comply with any general or special direc-
tions which may be given by the Local
Government Board with respect to the
arrangements to be made by the registra-
tion officer for carrying out his duties as to
registration.
If a registration officer refuses, neglects or
fails without reasonable cause to perform
any of his duties in connection with regis-
tration, he shall be liable on summary con-
viction to a fine not exceeding one hundred
pounds.
(2) His Majesty may by Order in Council
prescribe the forms to be used for registra-
tion purposes and any fees to be taken in
connection therewith, and alter the rules
contained in the First Schedule to this Act
for the purpose of carrying this Act into full
effect, or for carrying into effect any Act for
the time being in force amending or affect-
ing this Act.
134 REPKE8ENTATION OF THE PEOPLE ACT, 1918.
sect, is. Xhe rules contained in the First Schedule
to this Act and any Order so made shall
have effect as if enacted in this Act.
NOTE. This section imposes upon the regis-
tration officer the duty of ascertaining what per-
sons in the area for which he is registration
officer are entitled to be placed on the register
as parliamentary and as local government electors
and to place such names or cause them to be
placed on the register.
the rules set out in the First Schedule to this
Act. For these rules, see pp. 339 357, infra.
and to comply with any general or special
directions which may be given by the Local
Government Board. These directions are set
out in Appendix I. See p. 555, infra.
shall be liable on summary conviction to a
fine not exceeding one hundred pounds. If a
registration officer refuses, neglects or fails with-
out reasonable cause to perform any of his duties
in connection with registration, such refusal, ne-
glect or failure does not constitute an indictable
offence, but is punishable upon summary convic-
tion and renders the registration officer liable to
be prosecuted under the Summary Jurisdiction
Acts.
The Order in Council prescribing forms referred
to in sub-section (2) above is set out at pp. 555
578, infra, and that prescribing fees at pp. 747
753, infra (see particularly rule 2, p. 748, and
Second Schedule, p. 751).
APPEALS. 135
14. (1) An appeal shall lie to the county Sect - 14 -
court, as defined by rules of court, from any
decision of the registration officer on any
claim or objection which has been considered
by him under this Act, or the placing of or
refusal to place any mark against any name
on the register, and rules of court shall be
made for the purpose of determining the
procedure on any such appeals and for
applying and adapting thereto any enact-
ments relating to county courts and the
procedure therein :
Provided that an appeal shall not lie
where tf claimant or objector has not availed
himself of his opportunity, as provided in
the First Schedule to this Act, of being
heard by the registration officer on the
claim or objection, or as to the placing of
or refusing to place any such mark as
aforesaid.
(2) An appeal shall lie on any point of
law from any decision of the county court
on any such appeal from the registration
officer in accordance with rules of the Su-
preme Court to the Court of Appeal, but
no appeal shall lie from the decision of the
Court of Appeal.
(3) The right of voting of any person
whose name is for the time being on the
register shall not be prejudiced by any
136 REPRESENTATION OF THE PEOPLE ACT, 1918.
sect. 14. appeal pending under this section, and any
vote given in pursuance of that right shall
be as good as if no such appeal were
pending, and shall not be affected by the
subsequent decision of the appeal.
(4) Notice shall be sent to the registration
officer in manner provided by rules of court
of the decision of the county court or of the
Court of Appeal on any appeal under this
section, and the registration officer shall
make such alterations in the electors lists or
register as may be required to give effect to
the decision.
(5) On any appeal under this section the
registration officer shall be deemed to be a
party to the proceedings.
(6) If the Lord Chancellor is satisfied on
the representation of the judge of any
county court that the judge is unable, owing
to the necessity of dealing with appeals
under this Act, to transact the business of
the court with proper despatch, the Lord
Chancellor may appoint a barrister of at
least seven years' standing to act as assistant
judge for such time as the Lord Chancellor
may direct, and subject to any conditions
which he may impose. .
Any assistant judge so appointed shall
have all the powers and privileges and may
perform any of the duties of the judge,
APPEALS. 137
whether under this Act or otherwise, to sect. 14.
whom he has been appointed assistant.
An assistant judge shall be paid out of
moneys provided by Parliament such re-
muneration and travelling allowances as
may be allowed by the Treasury. .
In the application of this provision to a
county court district the whole of which is
within the Duchy of Lancaster, the Chan-
cellor of the Duchy shall be substituted for
the Lord Chancellor.
NOTE. An appeal. Anyone who is entitled
to make and has made a claim or objection can
appeal to the county court from the decision of
the registration officer, whether such decision be
on a question of fact or a point of law, as to
which see below.
For the rules of court referred to in sub-
sections (1), (2) and (4), see pp. 638 671, infra.
on any claim or objection. See pp. 342 345,
and Rule 25, pp. 3-1:8, 349, infra.
any mark against any name on the register.
See Rule 2, p. 340, infra, and pp. 342 345,
577, infra.
where a claimant or objector has not availed
himself of his opportunity, as provided in the
First Schedule to this Act, of being heard by the
registration officer. See Rules 20, 21, p. 347,
and Rule 39, p. 353, infra.
An appeal shall lie on any point of law from
any decision of the county court. It will be
noticed that an appeal from the decision of the
las
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 14.
Application
to Scotland.
Application
to Ireland.
county court will only lie on a point of law.
Where it is clear that the findings of fact by the
registration officer are dependent on an erroneous
view of the law (r), or where there is no evidence
to support such findings, an appeal will lie (s).
In Scotland the reference to the county court
in the above section shall be construed as a re-
ference to the sheriff court, and reference to the
Supreme Court shall be construed as a reference
to the Court of Session, and a reference to the
Court of Appeal shall be construed as a reference
to the Court of three judges of the Court of
Session constituted by sect. 23 of the Repre-
sentation of the People (Scotland) Act, 1868 ().
Moreover, sect. 43 (9)(w) of the present Act enacts
that ' ' the provisions regarding the appointment
of an assistant judge (in sect. 14 above) shall riot
apply " to Scotland.
In its application to Ireland sect. 14 is subject
to the provisions of sect. 44 (5) (#), which are as
follows :
" For the purposes of appeals from the regis-
tration officer, . . . the powers and jurisdic-
tion of the county court shall, unless and until
the Lord Lieutenant otherwise direct, be exer-
(r] Cawley v. Furncll (1851), 12 0. B. 291 ; Cuthbertson v. Purses
(1852), 12 C. B. 304.
(s] G. N. R. Co. v. llimel (1856), 18 0. B. 575; Brituli Industry
Lift-. Ass. Co. v. Ward (1856), 17 C. B. 644.
(0 See sect. 43 (1), (h), (f) and (g) of the present Act, pp. 309,
310, infra.
() See p. 319, infra.
(x) See p. 331, infra.
REGISTRATION EXPENSES.
cised, as respects the parliamentary borough of Sect. 14.
Dublin, by the persons who are at the time of
the passing of this Act Dublin revising barris-
ters, and as respects the parliamentary county of
Dublin by the person who is at the time of the
passing of this Act revising barrister for that
county ; but while those powers are so exercised,
the provisions of this Act as to county courts
shall apply to those persons as they apply to
county courts, with the necessary modifications,
and in particular with the modification that assis-
tant judges may be appointed to assist those
persons if in the opinion of the Lord Chancellor
such appointment is necessary in order to enable
the appeals to be disposed of with proper dispatch. "
15. (1) Any expenses properly incurred Expenses of
, \ '. , . J . ^ ^ J f registration.
by a registration officer in the performance
of his duties in relation to registration,
including all proper and reasonable charges
for trouble, care and attention in the per-
formance of those duties, and any costs
incurred by him as party to an appeal (in
this Act referred to as "registration ex-
penses ") shall be paid by the council whose
clerk the registration officer is, or by whom
he is appointed, subject, in cases where the
registration area is not coterminous with or
wholly contained in the area of that council,
to such contributions by the council of any
other county or borough as the Local Go-
vernment Board may direct.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Se <*- lft Any such expenses shall be paid in the
case of the council of a county out of the
county fund, and if the case requires as
expenses for special county purposes, and in
the case of a council of a borough out of the
borough fund or borough rate, or, where
there is no borough fund or borough rate,
out of the fund or rate out of which the
ordinary expenses of the council of the
borough are paid.
(2) The Treasury may frame a scale of
registration expenses applicable to all or any
class or classes of those expenses, and may
alter the scale as and when they think fit.
Any expenses incurred by the registration
officer of a class to which the scale is applic-
able shall be taken to be properly incurred
if they do not exceed the maximum amount
determined by or in accordance with the
scale, and so far as they do exceed that
amount shall be taken not to have been
properly incurred unless the excess is
specially sanctioned by the council and the
Treasury either before or after the expenses
have been incurred.
If any question arises whether any ex-
penses incurred by the registration officer of
a class to which the scale is not applicable
have been properly incurred or not, that
question shall be referred to the Local
KEGISTRATION EXPENSES. 141
Government Board, and the decision of the seot **
Board on the question shall be final.
(3) Any fees or other sum received by the
registration officer in respect of his duties as
such officer, other than sums paid to that
officer in respect of his registration expenses,
shall be accounted for by that officer and
paid to the credit of the fund or rate out of
which the expenses of that officer are paid.
(4) There shall be paid out of moneys
provided by Parliament to the council of
any county or borough in aid of the fund or
rate out of which any registration expenses
are paid by the council, in accordance with
this Act, one half of the amount so paid by
the council.
(5) On the request of the registration
officer of any registration area for an ad-
vance on account of registration expenses,
the council whose clerk the registration
officer is may, if they think fit, make such
an advance to him of such amount and
subject to such conditions as the council
may approve.
in the performance of his duties. As to what
are the duties of the registration officer, see sect.
13, pp. 133 134, supra, and First Schedule, pp.
339357, infra.
as party to an appeal. See sect. 14, pp. 135
137, and 137138, supra.
14$ REPRESENTATION OF THE PEOPLE ACT, 1918.
sect is registration area. See sect. 12 ( 1), p. 1 30, supra.
For the scale of registration expenses men-
tioned in sub-section (2), see pp. 610 612, infra.
As to the words in sub-section (3) above, any
fees or other sum received by the registration
officer in respect of his duties as such officer,
other than sums paid to that officer in respect of
his registration expenses, the fees here referred
to are those mentioned in Rules 28 and 33 of the
Registration Rules (y\ and Rule 8 of the Third
Schedule (z). For the amount of such fees, see
Order in Council, June 4th, 1918, rule 2, p. 748,
and Second Schedule, p. 751, infra.
Application The first sub-section of sect. 15 does not apply
to Scotland, and in lieu thereof the provisions of
sect. 43 (II) (a) are applicable. These provisions
are as follows :
" Any expenses properly incurred by any re-
gistration officer in the performance of his duties
in relation to registration, including all proper
and reasonable charges for trouble, care, and
attention in the performance of those duties and
any cost incurred by him as party to an appeal
(in this Act referred to as ' registration expenses '),
shall be paid by the council appointing the regis-
tration officer. Provided that, where a burgh
within the meaning of the Local Government
(Scotland) Act, 1889, is not a separate registra-
tion area, the council thereof shall pay to the
council appointing the registration officer a con-
tribution towards the registration expenses, and
(/) See pp. 350, 351, infra.
(z) See p. 360, infra.
(a) See pp. 319, 320, infra.
REGISTRATION EXPENSES. 143
sub-section (4) of section sixty and section sixty- Sect. l.
six of that Act shall apply, with the necessary
modifications, to such contribution. The amount
necessary to defray any registration expenses or
any contribution thereto, as the case may be
shall be assessed and levied in any one of the
modes allowed by the Valuation Acts with re-
spect to the costs and expenses of making up the
valuation roll."
In its application to Ireland, sect. 15 is subject Application
to the modifications enacted by sect. 44 (3) (a)
(b) (b) of the Act. Sect, 44 (3) (a) (b) is as
follows :
" (a) The clerk of the crown and peace for
an administrative county, not being a county
borough, shall be the registration officer for any
parliamentary county which is coterminous with,
or the whole or greater part of which is contained
in, the administrative county, and for any parlia-
mentary borough of which the whole or greater
part is contained in the administrative county and
no part is contained in a county borough, and the
clerk of the crown and peace for a county borough
shall be the registration officer for any parlia-
mentary borough which is coterminous with, or
the whole or any part of which is contained in,
the county borough, and the council of that ad-
ministrative county or county borough, as the
case may be, shall be the council by which the
registration expenses of that registration officer
are to be paid, subject in cases where the parlia-
(b) See pp. 327329, infra.
144: BEPKE8ENTAT10N OF THE PEOPLE ACT, 1918.
Sect. 15. mentary county or parliamentary borough is not
coterminous with, or wholly contained in, the
administrative county or county borough, as the
case may be, to such contribution by the council
of any other administrative county or county
borough as the Local Government Board may
direct : Provided that the registration expenses
to be paid by a council shall not include any
charges for trouble, care, and attention, in the
performance of duties which are performed by
the registration officer in person : Provided also
that the persons who, at the passing of this Act,
are town clerks for the county borough of Dublin
and the county borough of Belfast, respectively,
shall, so long as they hold their respective offices,
be the registration officers for the parliamentary
borough of Dublin and the parliamentary borough
of Belfast, respectively, and that the last pre-
ceding proviso shall not apply in their case.
tt
(b) The registration expenses shall be paid in
the case of the council of a county borough, out of
the rate or fund out of which the general expenses
of the council are paid, or out of any other rate
or fund which the Local Government Board may
on the application of the council approve, and, in
the case of a council of any other administrative
county, out of the poor rate as a county at large
charge, except in cases to which section twelve
of the Parliamentary Registration (Ireland) Act,
1885, applies."
It will be noticed that the proviso in the above
sub-section introduces a material difference in the
PROVISIONS AS TO URBAN DISTRICTS AND LONDON. 145
meaning of the words u expenses properly incurred Sect. is.
by the registration officer " as compared with the
meaning of these words in sect. 15 (1).
" Local Government Board" throughout the
sub-section just quoted means the Local G-overn-
ment Board for Ireland ().
As to the words " except in cases to which
section twelve of the Parliamentary Registration
(Ireland) Act, 1885, applies," that section enacts
that the commissioners of the townships of Pem-
broke and Blackrock shall make certain contribu-
tions to the treasurer of the Corporation of Dublin
in respect of the registration expenses incurred
by the Corporation.
The provisions of sect. 44 (6), set out on pp. 331,
332, infra, should also be noticed.
16. (1) Where an urban district is co- special F ro-
terminous with a registration area which is
a parliamentary borough or is wholly con-
tained in such area, this Part of this Act
shall apply to that district as it applies to a
municipal borough, with the substitution of
the clerk of the urban district council for
the town clerk, of the urban district council
for the council of the borough, of the general
district rate for the borough fund or borough
rate, and of the chairman of the council for
the mayor.
(2) Any reference to a municipal borough
(c) See sect. 44 (2), p. 327, infra.
F. 10
146 REPRESENTATION OF THE PEOPLE ACT, 1918.
sect. 16. i n this Part of this Act shall include a re-
ference to a metropolitan borough and the
City of London, with the substitution, as
respects a metropolitan borough, of the clerk
of the metropolitan borough council for the
town clerk, and of the metropolitan borough
council for the council of the municipal
borough, and as respects the City of Lon-
don, of the Secondary for the town clerk
and of the common council for the council
of the municipal borough.
Any registration expenses of a metro-
politan borough council shall be paid as
general expenses of the council, and any
expenses of the common council shall be
paid out of the general rate.
NOTE. registration area. This is defined in
sect. 12 (1), p. 130, supra.
The effect of sub-section (1) above is as fol-
lows : The registration officer for the registration
area contemplated by such sub-section is the clerk
of the urban district council (d).
The registration expenses of the registration
officer shall be paid by the urban district council
out of the general district rate (e).
In the event of any vacancy in the office of
any clerk of the urban district council who is
registration officer, or in the event of his inca-
(d) See sect. 12 (2), p. 130, supra.
(e) See sect, 15 (1), pp. 139, 140, supra.
REGISTRATION OF FREEMAN. 147
pacity to act, any acts authorised or required to Sect. le.
be done by or with respect to the registration
officer may be done by or with respect to any
person temporarily appointed in that behalf by
the chairman of the council (/).
Sect. 16 (1) does not apply to Ireland (g).
As to sub-section (2), see sect. 12 (2), p. 130,
supra.
17. (1) A freeman of the City of London, special pro-
being a liveryman of one of the several com- registration
panies who is entitled to be registered as a &c.
parliamentary elector in respect of a busi-
ness premises qualification within the city,
shall be entitled, if he thinks fit, to be
entered in a separate list of liverymen in the
register of parliamentary electors, and to
record his vote for Parliament as a liVery-
man.
(2) The foregoing provision shall apply to
the freemen of any borough if the council
of the borough so resolve, and the expression
"freemen" shall include any persons by what-
ever name called enjoying in that borough
rights similar to those enjoyed by freemen
of the city of London in that city.
NOTE. It will be observed that the right of a
freeman of the City of London to be registered
and to vote is limited to such freemen as are
(/) See sect. 12 (4), p. 131, supra,
(g) See sect. 44 (10), pp. 333, 334, infra.
10(2)
148
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 17. liverymen of one of the several companies and
are entitled to be registered as parliamentary
electors in respect of a business premises quali-
fication (g) within the City.
It is evident, therefore, that no freeman who
is not entitled to be registered as a parliamentary
elector in respect of a business premises qualifica-
tion within the City is entitled to be registered
or vote as a liveryman. The same observation
is applicable to freemen of any borough under
sect. 17 (2).
The right to vote as a freeman is alternative to
that of voting in respect of a business premises
qualification.
Compensa-
tion to exist-
ing officers.
51 & 52 Viet,
c. 41.
18. Every person who is an assistant over-
seer at the time of the passing of this Act,
and who suffers any direct pecuniary loss in
consequence of this Act, shall be entitled to
have compensation paid to him as registra-
tion expenses by the council responsible for
the payment of registration expenses, and
in determining such compensation
(a) regard shall be had to the conditions
and other circumstances required
by sub-section (1) of section one
hundred and twenty of the Local
Government Act, 1888, in regard
to cases of compensation under that
section ; and
(y] See pp. 2437, supra.
COMPENSATION TO EXISTING OFFICERS.
(b) the compensation shall not exceed the Sect - 18 -
limit therein mentioned ; and
(c) the expression in sub-section (1) of
that section "The Acts and rules
relating to Her Majesty's Civil Ser-
vice " shall mean the Acts and rules
relating to His Majesty's Civil Ser-
vice which were in operation at the
date of the passing of the Local
Government Act, 1888 ; and
(d) the provisions of sub -sections (2) to
(7) of the same section shall apply
with such modifications (includ-
ing the substitution of the "Local
Government Board " for the "Trea-
sury ") as may be required, and
including in sub-section (2) the
substitution of the words " next
before the thirtieth day of Sep-
tember, nineteen hundred and four-
teen " for the words " next before
the passing of this Act."
In this section the expression " assistant
overseer " includes any person executing any
of the duties of overseer, and receiving pay-
ment therefor.
NOTE. direct pecuniary loss. In interpret-
ing these words, in view of the later language
of this section, regard must be had to the con-
ditions and other circumstances required by sub-
150 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect, is. section (1) of sect. 120 of the Local Government
" Act, 1888. Sub-section (1) of sect. 120 of the
last-mentioned Act, together with sub-sections (2)
to (7) of sect. 120, which are referred to in sect.
18 of the present Act in connection with the
compensation payable under this section, are as
follows :
"(1) Every existing officer declared by this
Act to be entitled to compensation, and every
other existing officer, whether before mentioned
in this Act or not, who by virtue of this Act, or
anything done in pursuance of or in consequence
of this Act, suffers any direct pecuniary loss by
abolition of office or by diminution or loss of fees
or salary, shall be entitled to have compensation
paid to him for such pecuniary loss by the county
council, to whom the powers of the authority,
whose officer he was, are transferred under this
Act, regard being had to the conditions on which
his appointment was made, to the nature of his
office or employment, to the duration of his ser-
vice, to any additional emoluments which he
acquires by virtue of this Act or of anything
done in pursuance of or in consequence of this
Act, and to the emoluments which he might have
acquired if he had not refused to accept any office
offered by any council or other body acting under
this Act, and to all the other circumstances of the
case, and the compensation shall not exceed the
amount which, under the Acts and rules relating
to Her Majesty's Civil Service (h), is paid to a
person on abolition of office.
(/O See p. 153, infra.
COMPENSATION TO EXISTING OFFICERS. 1
"(2) Every person who is entitled to compen- Sect. 18.
sation, as above mentioned, shall deliver to the
county council a claim under his hand setting
forth the whole amount received and expended
by him or his predecessors in office, in every year
during the period of five years next before the
passing of this Act, on account of the emoluments
for which he claims compensation, distinguishing
the offices in respect of which the same have been
received, and accompanied by a statutory de-
claration under the Statutory Declaration Act,
1835, that the same is a true statement according
to the best of his knowledge, information, and
belief.
" (3) Such statement shall be submitted to the
county council, who shall forthwith take the same
into consideration, and assess the just amount of
compensation (if any), and shall forthwith inform
the claimant of their decision.
u (4) If a claimant is aggrieved by the refusal
of the county council to grant any compensation,
or by the amount of the compensation assessed,
or if not less than one-third of the members of
such council subscribe a protest against the amount
of the compensation as being excessive, the claim-
ant or any subscriber to such protest (as the case
may be) may, within three months after the deci-
sion of the council, appeal to the Treasury, who
shall consider the case and determine whenever
any compensation, and, if so, what amount ought
to be granted to the claimant, and such determi-
nation shall be final.
"(5) Any claimant under this section, if so
.REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 18. required by any member of the county council,
shall attend at a meeting of the council and
answer upon oath, which any justice present may
administer, all questions asked by any member
of the council touching the matters set forth in
his claim, and shall further produce all books,
papers, and documents in his possession or under
his control relating to' such claim.
"(6) The sum payable as compensation to any
person in pursuance of this section shall com-
mence to be payable at the date fixed by the
council on granting compensation, or, in case of
appeal, by the Treasury, and shall be a specialty
debt due to him from the county council, and may
be enforced accordingly in like manner as if the
council had entered into a bond to pay the same.
" (7) If a person receiving compensation in
pursuance of this section is appointed to any office
under the same or any other county council, or
by virtue of this Act, or anything done in pur-
suance of or in consequence of this Act, receives
any increase of emoluments of the office held by
him, he shall not, while receiving the emoluments
of that office, receive any greater amount of his
compensation, if any, than, with the emoluments
of the said office, is equal to the emoluments for
which compensation was granted to him, and if
the emoluments of the office he holds are equal to
or greater than the emoluments for which com-
pensation was granted, his compensation shall be
suspended while he holds such office."
The words in sub-sect. (1) of sect. 120 set out
above, " the Acts and rules relating to Her
REGISTER FOR UNIVERSITY CONSTITUENCIES.
Majesty's Civil Service," are, by sect. 18 (c) of the Sect, is.
present Act, to be read as the Acts and rules
relating to His Majesty's Civil Service which
were in operation at the date of the passing
of the Local Government Act, 1888. These
Acts are the Superannuation Act, 1859, and the
Superannuation Act, 1884.
rules relating to His Majesty's Civil Service.
It would seem that these words must refer to
the practice of the Treasury (') in awarding com-
pensation in cases of abolition of office, as there
is no express power given by any statute for the
making of such rules (i). x
The words, u next before the passing of this
Act," in sub-sect. (2) of sect. 120 of the Local
Government Act, 1888, set out above are, by
sect. 18 (d) of the present Act, to be read as " next
before the 30th day of September, 1914," and
the word " Treasury," which occurs in sub-sects.
(4) and (6) of sect. 120, set out above, is to be
read as " Local Government Board."
As to the meaning of the expression " assistant
overseer" in Ireland, see sect. 44 (?)(/).
19. The foregoing pro visions of this Part (#) Register for
. i T? i university
oi this Act shall not apply to university con- constitu-
enoies.
stituencies, but the governing body of every
university forming, or forming part of, a
university constituency shall cause a register
(t) As to this practice, and the principles governing the grant of
compensation, see Encyclopaedia of Local Government Law, edited
by Joshua Scholefield, vol. II. , pp. 304308, Butterworth & Co. , 1906.
(j) See p. 332, infra.
(k) i.e., Part II., ss. 1119.
154 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect 19 to be kept in such form and made up, if
desired, to such dates as they may direct, of
persons entitled to vote in respect of a quali-
fication at their university, and shall make
the register available for the purpose of uni-
versity elections for the constituency, and
shall on the application of any person allow
that person at all reasonable times to inspect
and take extracts from the said register :
Provided that the governing body may
direct that a person who before the passing
of this Act has received a degree, but was
not entitled to vote in respect thereof, shall
have no right to be registered unless he
makes a claim for the purpose.
The governing body of any such university
may charge such fee as they think fit, not
exceeding one pound, in respect of registra-
tion to any person who receives a degree at
their university after the passing of this Act,
or who has received a degree before the pass-
ing of this Act but was not entitled to vote
in respect thereof.
NOTE. University constituencies. A list of
university constituencies in Great Britain is given
in the Ninth Schedule, Part III. See p. 554, infra.
persons entitled to vote in respect of a quali-
fication at their university. See pp. 37 40,
73 75, supra.
"As to the last paragraph in the above section,
PROPORTIONAL REPRESENTATION. 155
it may be pointed out that no power is given to Sect. 19.
the governing body of a university which does
not admit women to degrees, i.e. Oxford or Cam-
bridge, to charge any fee to women who have
passed the final examination and kept the neces-
sary residence and who thereby qualify for the
franchise at such university (&).
The last paragraph of this section does not
apply to Scotland, but by sect. 43 (15) special
provisions are substituted for it (/).
PART III.
METHOD AND COSTS OF ELECTIONS.
[Sections 2036.]
20. (1) At a contested election for a Proportional
university constituency, 1 where there are two i
or more members to be elected, any election
of the full number of members shall be ac-
cording to the principle of proportional
representation, 2 each elector having one
transferable vote 2 as defined by this Act.
(2) (a) His Majesty may appoint Com-
missioners to prepare as soon as may be after
the passing of this Act a scheme under which
as nearly as possible one hundred members
shall be elected to the House of Commons
1 See p. 157, infra. '- See pp. 158160, infra.
(&) See sect. 4 (2), p. 64, supra.
(/) See pp. 322, 323, infra.
REPRESENTATION OF THE PEOPLE ACT, 1918.
sect. 20. at a general election on the principle of pro-
portional representation for constituencies
in Great Britain returning three or more
members.
(b) The number of members of the House
of Commons as fixed under this Act shall
not be increased by any such scheme. For
the purpose of such scheme the Commis-
sioners shall (after holding such local in-
quiries as they may deem necessary) combine
into single constituencies, returning not less
than three nor more than seven members,
such of the areas fixed as constituencies in
the Ninth Schedule to this Act as they may
select, but in selecting those areas they shall
have regard to the advisability of applying
the principle of proportional representation' 2
both to town and country.
(c) The scheme so prepared by the Com-
missioners shall be laid before both Houses
of Parliament, and if both Houses by reso-
lution adopt the scheme, the scheme shall,
with any modifications or additions which
may be agreed to by both Houses, take effect
as if it were enacted in this Act, and the
constituencies fixed under the scheme shall
be substituted, so far as necessary, for the con-
stituencies fixed under the Ninth Schedule
to this Act.
2 See pp. 158160, infra.
PROPORTIONAL REPRESENTATION. 157
(d) In any such constituency any contested sect. 20.
election of the full number of members shall
be according to the principle of proportional
representation, 2 each elector having one trans-
ferable vote"' as defined by this Act.
(e) His Majesty may by Order in Council
make any adaptation of the provisions of
this Act as to the machinery of registration
or election which may appear to him to be
necessary in consequence of the adoption of
the scheme.
(3) His Majesty may by Order in Council ss
frame regulations prescribing the method of
voting, and transferring and counting votes,
at any election, according to the principle of
the transferable vote 2 and for adapting the
provisions of the Ballot Act, 1872, and any
other Act relating to parliamentary elections
thereto, and with respect to the duties of
returning officers in connection therewith;
and any such regulations shall have effect
as if they were enacted in this Act.
(4) Nothing contained in this Act shall,
except as expressly provided therein, affect
the method of conducting parliamentary
elections in force at the time of the passing
of this Act.
NOTE. As to sub-section (1) university con-
2 See pp. 158160, infra.
158 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 20. stituency. A list of university constituencies,
together with the number of members returned
by each, is given in the Ninth Schedule, Part III.,
p. 554, infra.
the principle of proportional representation.
The object of proportional representation is to
effect the representation of parties in proportion
to their strength at the polls and to secure the
adequate representation of minorities. Of the
many existing systems devised to achieve this
result that known as the transferable vote has
been adopted in the present Act.
The " transferable vote" is defined by sect.
41 (6) as u a vote (a) capable of being given so
as to indicate the voter's preference for the can-
didates in order ; and (b) capable of being trans-
ferred to the next choice when the vote is not
required to give a prior .choice the necessary
quota of votes, or when, owing to the deficiency
in the number of the votes given for a prior
choice, that choice is eliminated from the list of
candidates."
The transferable vote system is shortly ex-
plained in the Report of the Royal Commission
on Systems of Election (published in 1910) as
follows :
" Constituencies return several members.
" The elector votes by placing the figure 1
opposite the name of the candidate he likes best,
and is invited to place the number 2 opposite the
name of his second choice, the number 3 opposite
his third choice, and so on, numbering as many
candidates as he pleases.
PROPORTIONAL REPRESENTATION. 159
" The Returning Officer ascertains the result of Sect. 20.
the election as follows :
" (1} He counts each ballot paper as one vote
to the candidate marked 1 thereon ; he
also counts the total number of votes.
41 (2) He ascertains the quota. The quota is
the smallest number which will ensure
the return of a candidate, whatever com-
bination be made of the other votes
given in the election. This figure will
be obtained by dividing the votes cast
by the number of seats to be filled plus
one, and adding one to the result."
For example, in a constituency with 100
electors returning two members the quota
will be + 1 = 34, a number which
~\~ 1
can only be obtained by two candidates.
41 (3) He declares elected the candidates who
have received the quota.
*' (4) He transfers in strict proportions the
surplus votes of those candidates who
have received more than the quota, and
credits them to the unelected candidates
indicated by the figures 2, 3, and so on,
as the next preferences of the electors
whose votes are transferred.
" (5) He declares elected those candidates who,
after the transfer of surplus votes, have
obtained the quota.
" (6) He eliminates the candidates lowest on
the poll one after another by transferring
their votes in accordance with the wishes
160 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 20. of their supporters to the candidates
indicated as next preferences. This
process is continued until the required
number of candidates, having each ob-
tained the quota, have been declared
elected, or the number of candidates
not eliminated is reduced to the number
of seats still vacant, in which event the
candidates not eliminated are declared
elected."
On pp. 718736, infra, will be found the " Draft
Rules prescribing the method of voting and
transferring and counting Votes at any election
according to the principle of the Single Trans-
ferable Vote." These Draft Rules were presented
to Parliament in 1917 whilst the provisions of
the present Act were under discussion in the
House of Commons, and although they have no
statutory force, they explain in detail the working
of the system of the transferable vote.
The Draft Rules were intended to apply only
to constituencies other than university constitu-
encies, so that in considering them in relation to
sub-section (1) they will require modification.
It is nevertheless thought that they may be use-
fully referred to as explaining the application of
the system of the transferable vote.
As to sub-section (2). The scheme mentioned in
sub-section (2) (a), (b) and (c), was in accordance
with the provisions of sub-section (2) (c) laid
before Parliament, but was, on May 13th, 1918,
rejected by the House of Commons. With the
POLLS TO BE ON ONE DAY AT GENERAL ELECTION. 161
exception, therefore, of contested elections for Sect. 20.
university constituencies, no elections will be
held according to the principle of proportional
representation.
As to tub-section (3). The Order in Council
there referred to has not, at the time of going to
press, been made.
21. (1) At a general election all polls Poiis to be
shall be held on one day, and the day fixed day at n a n<
for receiving nominations shall be the same n, & c .
in all constituencies, and accordingly the
First Schedule to the Ballot Act, 1872, shall
be modified as shown in Part I. of the Second
Schedule to this Act.
In the case of a bye-election, the poll
shall take place on such day as the returning
officer may appoint, not being less than four
or more than eight clear days after the day
fixed for nomination, and the First Schedule
to the Ballot Act, 1872, shall be modified
accordingly.
(2) Official telegraphic information of
the writ having been issued for a parliamen-
tary election may be given in such cases and
by such persons as may be directed by His
Majesty in Council, and any steps for hold-
ing an election which may be taken on or
after the receipt of the writ may be taken
F. 11
162 REPRESENTATION OF THE PEOPLE ACT, 1918.
sect. 21. on or after the receipt of an official telegraphic
intimation of the writ having been issued.
(3) The time appointed for the meeting
of the Parliament may be any time not less
than twenty clear days after the proclamation
is & ic vict summoning the Parliament ; and the Meet-
ing of Parliament Act, 1852, is hereby re-
pealed.
(4) Nothing in this section shall
(a) affect the provisions of section one
of the Ballot Act, 1872, relating
to the commencement afresh of
the proceedings with relation to
the election on the death of a
candidate, or apply to proceed-
ings so commenced afresh ; or
(b) apply to a university election.
NOTE. the day fixed for receiving nomi-
nations. As to this, see pp. 179, 180, infra.
the First Schedule to the Ballot Act, 1872,
shall be modified as shown in Part I. of the
Second Schedule to this Act. The First Sche-
dule of the Ballot Act is set out on pp. 682 695,
infra. Part I. of the Second Schedule to the
present Act is as follows :
" The following provisions shall be inserted in
the First Schedule to the Ballot Act, 1872, after
Rules 2 and 14 respectively, that is to say:
4 2A. In an election of members to serve in a
new Parliament of the United King-
POLLS TO BE ON ONE DAY AT GENERAL ELECTION. 163
dom the day fixed by the returning Sect. ai.
officer for the election [i.e., where
the election is contested, the day of
nomination (k) ] shall in all cases be
the eighth day after the date of His
Majesty's gracious Proclamation de-
claring the calling of the Parliament.'
' 14A. In an election of members to serve in a
new Parliament of the United King-
dom, the day appointed by the re-
turning officer for the poll (/) shall in
all cases be the ninth day after the
day fixed for the election. J '
As to the second paragraph of sub-section (1) of
sect. 2 1 set out above, the part of the First Schedule
to the Ballot Act, 1872, which is modified by such
second paragraph is Rule 14 (m) of Part I. of such
Schedule, which deals with the day on which the
poll shall take place.
As to the words in tub-section (2), any steps for
holding an election which may be taken on or
after the receipt of the writ, see pp. 179, 180,
infra, and Ballot Act, First Schedule, Rules
1 13().
As to the words in sub-section (4), the provisions
of section one of the Ballot Act, 1872, relating
to the commencement afresh of the proceedings
with relation to the election on the death of a
(k} As to this, see p. 179, infra.
(1} As to " the day appointed for the poll," see p. 179, infra,
(m) Set out on p. 685, infra.
(j Set out on pp. 682684, infra.
11 ( 88
the absent voters list, if he satisfies
the registration officer
(i) that he is a naval or mili-
tary voter and is serving, or about
to serve, afloat or in any area on
land abroad in which voting by
proxy is permitted in pursuance
of an Order in Council made
under this section 13 ; or
(ii) that he is a merchant sea-
man, pilot, or fisherman (includ-
ing the master of a merchant
ship or fishing boat and an ap-
prentice on such a ship or boat)
and that there is a likelihood that
he will be at the time of a par-
liamentary election at sea or
about to go to sea 13 ;
shall be entitled, if he so desires, to
appoint a proxy, and, having ap-
pointed a proxy, to vote by proxy
at a parliamentary election in ac-
cordance with and subject to the
provisions of this Act 14 :
(c) No ballot paper shall be sent for the
purpose of voting by post to a per-
son who has appointed a proxy
under this provision while the ap-
13 See p. 201, infra. u See p. 202, infra.
176 REPRESENTATION OF THE PEOPLE ACT, 1918.
^ poiiitment is in force, or to any
naval or military voter if the return-
ing officer knows that he is serving
in an area in which voting by proxy
is permitted in pursuance of an
Order in Council made under this
section 15 :
(d) The provisions set out in the Third
Schedule to this Act shall have
effect with respect to voting by
proxy. 15
(5) A person whose name is entered on
the absent voters list shall not be entitled
to vote except as an absent voter in pursu-
ance of this section. 16
(6) His Majesty may by Order in Council 17
prescribe the forms to be used for the pur-
poses of this section, and make regulations
as to the mode in which proxy papers may
be issued and cancelled and in which ballot
papers are to be sent to the voter for the
purpose of voting by post and as to the
authentication of any marked ballot papers,
and generally for the purpose of carrying
this section into effect and for preserving
the secrecy of voting in pursuance thereof. 18
NOTE. This section provides for the method
15 See p. 202, infra. 18 See pp. 202, 203, infra.
17 This Order will be found 011 p. 754 et seq.
18 See p. 203, infra.
ABSENT VOTERS LIST. 177
of voting by absent voters at parliamentary elec- Sect. 23.
tions other than university elections (c).
As to sufr-sectwn (1). By sect. 13 (1) of the
present Act "it shall be the duty of the regis-
tration officer ... to place or cause to be placed
on the register in accordance with the rules set
out in the First Schedule to this Act the names
of those entitled to vote as parliamentary electors
... in his registration area."
The rules in the First Schedule bearing directly
011 the provisions of sect. 23 (1) are rules 16 and
17 (J), which are as follows :
"16. Any person entitled to be registered as
a parliamentary elector may, not later than the
eighteenth day of February (e) where the claim is
for the spring register (/), and the eighteenth day
of August (e) where the claim is for the autumn
register (g), claim to be placed on the absent
voters list; and the registration officer, if satis-
fied that there is a probability that the claimant,
by reason of the nature of his occupation, service,
or employment, may be debarred from voting
at a poll at parliamentary elections held during
(c] As to voting by absent voters at university elections other
than Scottish university elections, see sect. 36 (1) and (3) (b), and
Fifth Schedule, Part I., cl. 12; as to such voting at Scottish
university elections, see sect. 36 (1) and (3) (b) and Fifth Schedule,
Part II., cl. 1723.
(d] See also rules 18 and 19 set out on p. 346, infra.
(e] It is important to notice that as regards the first register to
be prepared under the Act, 3 1st July is substitued for this date.
See Order in Council, dated June 4th, 1918, rule 6, p. 749, and
Fifth Schedule, p. 752, infra.
(/) See pp. 125129, supra,
(g] See pp. 125129, mpra.
F. 12
178 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 23. the time the register is in force, shall place the
claimant (if registered) on the absent voters list.
" 17. It shall be the duty of the registration
officer, without any claim being made for the
purpose, to place on the absent voters list any
naval or military voter (0), unless
(a) that person, not later than the eighteenth
day of February (k) as respects the spring
register, and the eighteenth day of Au-
gust (k) as respects the autumn register,
gives notice (I) to the registration officer
that he does not desire to be placed upon
that list ; or
(b) that person is registered, in pursuance of a
claim (m) for the purpose, for the con-
stituency in which he has an actual
residence qualification " (n).
It will be seen from the above rules that the
persons whose names are entered on the absent
voters list will be (i) any person entitled to be
registered as a parliamentary elector who claims
to be placed on the absent voters list and whose
claim the registration officer allows ; and (ii) any
person who being a naval or military voter (0)
does not fall within the exceptions mentioned in
rule 17 (a) and (b).
As to the words in sub-section (1), where an
(k) As regards the first register, 17th August is substituted for
this date. See p. 177, footnote (e), supra.
(1} No form of notice is prescribed.
(771) See p. 569, infra.
(n) See pp. 9193, supr-i.
(o) As to what constitutes a naval or military voter, see pp. 79
85, supra.
MEANING OF u DAY OF ELECTION." 179
election is contested, as soon as practicable after sect. 23.
the adjournment of the election. It is of course
only where an election is contested that sect. 23
is applicable ; but in order to render the meaning
of this sub-section clear it is thought desirable to
state shortly the duty of the returning officer
with respect to the fixing of the day of election,
and, if the election be contested, the day of
taking the poll.
The expression " day of election " in the Ballot
Act, 1872, really means the day appointed for
the nomination of candidates (p). In the event
of there not being more candidates than there
are vacancies, such candidates are on such day
declared elected (q). If, on the other hand, there
are more candidates than there are vacancies,
i.e. if the election is contested, it is the duty of
the returning officer to adjourn the election for
the purpose of taking a poll (r). The day of
election in its popular sense is therefore the day
upon which the poll is taken (which in this Note
is hereafter called the day of the poll), and not
" the day of election " as used in the Ballot Act.
The " day of election " in the sense which it
bears in the Ballot Act (i.e., the day fixed for re-
ceiving nominations) is now, at a general election,
in all constituencies other than university constitu-
encies, the eighth day after the date of the procla-
(/>) Ballot Act, 1872, s. 1, and First Schedule, Part L, rr. 1, 2 ;
and see sect. 21 (1) of the present Act (p. 161, supra], where what
is called in the Ballot Act " day of election " is described as above.
(q) Ballot Act, 1872, s. 1.
(r) Ibid., and First Schedule, Part I., r. 9.
12(2)
180 . REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 23. mation declaring the calling of the new Parliament.
The day of the poll is now, at a general election,
the ninth day after the " day of election" (s).
At a bye-election, the "day of election" is, in
the case of an election for a county, such day as
the returning officer may fix, not later than the
ninth day after the day on which he receives the
writ, and, in the case of an election for a borough,
not later than the fourth day after the day on which
he receives the writ (), and the day of the poll is
such day as the returning officer may appoint, not
being less than four or more than eight clear days
after the day fixed as " the day of election " (u).
It follows from what is said above that the
period which elapses between the adjournment of
the election and the day of the poll is, in the case
of a general election, nine days, and, in the case
of a bye-election, not less than four or more than
eight days, The returning officer must send the
ballot paper to the absent voter as soon as prac-
ticable after the commencement of this period.
As to the words in sect. 23 (1). send a ballot
paper to each such person at the address re-
corded by the registration officer, rule 19 of the
Registration Rules provides that
" The registration officer shall keep a record of
any address which may be furnished to him by
any person placed on the absent voters list, or by
the Admiralty, Army Council, Air Council or
Board of Trade, as the address which is to be for
() See sect. 21, pp. 161 162, supra, and pp. 162 163.
(*) Ballot Act, 1872, First Schedule, Part I., r. 2.
(M) See sect. 21 (1), p. 161, supra, also Ballot Act, 1872, First
Schedule, Part I., r. 14.
REGISTRATION OF NAVAL AND MILITARY VOTERS.
the time being the address of the voter for the Sect. 23.
purpose of the provisions relating to voting by
absent voters and, as soon as practicable, shall
cause instructions to be sent to the voter as to
the mode of voting under those provisions.
" The record of addresses shall be open to in-
spection under the same conditions that govern
the register " (x).
As to the words a declaration of identity in
the prescribed form, the word " prescribed "
means " prescribed by His Majesty by Order in
Council " (y), but up to the time of going to press
no form has been prescribed.
In order to assist the registration officer in the
registration of naval and military voters, rule 18
of the Registration Rules provides that
1 i The Admiralty, the Army Council, and the
Air Council, either directly or through officers
appointed by them, shall in the prescribed manner
furnish to the registration officers in the several
constituencies such information as to the names
and addresses of Naval and Military voters (z) and
such other particulars as may be necessary for the
purpose of their registration and of their voting
as such, and it shall be the duty of the Local
Government Board to render any assistance that
may be required by the Admiralty, the Army
Council, and the Air Council in conveying such
information to the registration officers :
" Provided that the Admiralty, Army Council,
() See Rule 27, p. 349, infra.
(V) See sect. 41 (11), p. 308, infra.
(z) See pp. 7985, supra.
182 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 23. and Air Council shall not be required to supply
any particulars which in their declared opinion
would interfere with the proper conduct of the
war."
As to sub-sec lion (2). The ballot paper marked
by the absent voter. This, of course, refers to a
ballot paper (a) which has been sent to the
absent voter in pursuance of the provisions of
sect. 23(1).
As to the declaration of identity, see p. 181,
supra.
if it is received by the returning officer
before the close of the poll. By the First
Schedule to the Ballot Act, 1872, Part I., rule 32,
" the returning officer shall make arrangements for
counting the votes in the presence of the agents
of the candidates as soon as practicable after the
close of the poll."
It will be seen, therefore, that subject to the
provisions of sub-sect. (3) the time allowed for an
absent voter to receive his ballot paper and return
it to the returning officer is very short (b).
be counted by him and treated for all pur-
poses in the same manner as a ballot paper
placed in the ballot box in the ordinary manner.
The procedure here referred to which the re-
turning officer must adopt with regard to the
counting of ballot papers is prescribed by the
second paragraph of sect. 2 of the Ballot Act,
1872, and rules 31 to 38 (c) of the First Schedule
(a) See also pp. 182200, infra.
(6) See Note on the meaning of the words ' ' as soon as practicable
after the adjournment of the election " on pp. 179 180, supra.
(c) Set out at pp. 687689, infra.
RULES AS TO BALLOT PAPERS.
to that Act. It will be seen that by rule 34 the Sect. 23
returning officer must mix the absent voters'
ballot papers with the other ballot papers before
counting the votes.
The only matter under these rules which appears
to call for special consideration here is that dealt
with by rule 36, which is as follows :
" The returning officer shall endorse ' rejected'
on any ballot paper which he may reject as invalid,
and shall add to the endorsement 4 rejection ob-
jected to,' if an objection be in fact made by any
agent to his decision. The returning officer shall
report to the Clerk of the Crown in Chancery the
number of ballot papers rejected arid not counted
by him under the several heads of,
' 4 ( 1 ) Want of official mark ;
Voting for more candidates than entitled
.
"(3) Writing or mark by which voter could be
identified ;
" (4) Unmarked or void for uncertainty ;
and shall on request allow any agents of the can-
didates, before such report is sent, to copy it."
" The questions here raised," said Lord Neaves
in Wig town (d\ "are important and delicate on
this account in particular, viz., that while a certain
form of exercising the franchise is pointed out in
the statute on the subject, some deviations from
the strict letter of the directions therein contained
may be so trifling as to be immaterial, while
others may be more serious, and thus may be
fatal. The merits of each vote, therefore, may
(>!} (1874), 2 0. & H. 220, 221.
184 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 23. turn on questions of degree, which it is always
difficult to distinguish, as the one class may run
almost imperceptibly into the other. This is the
old puzzle as to how many grains of corn make a
heap, or at what stage a little tiling grows into a
big one.
" In this state of matters the important point
is to look to the great objects and principles of
the statute, and to take care that we do every-
thing necessary to follow these out, and nothing
that can defeat or endanger them.
" The great object in view, I take it, in the
Ballot Act is the double result of facility in the
exercise of the franchise and perfect secrecy as
to the vote of individual voters. This double
purpose is by the Act sought to be accomplished
by not allowing a vote to be given viva voce, as it
used to be, nor in writing (properly speaking), in
either of which cases secrecy would be impossible,
or would be imperilled, for by writing, though
not setting forth the writer's name, yet through
the comparatio literarum the writer might be dis-
covered. Nor would it have done, perhaps, to
leave the voter to put any mark he pleased to show
the candidate for whom he voted. A mark has
been pointed out and represented in the statutory
directions, that of a cross, thus, X- It is, I think, a
mark well devised for the purpose, easy of execu-
tion by men of the most moderate intelligence,
and at the same time perfectly neutral in its
character, so as to be practically incapable of
betraying its authorship by its appearance. I
think it is scarcely possible that a ballot paper
RULES AS TO BALLOT PAPERS. 185
strictly in terms of the statute should lead to the Sect. 23.
voter's identification, one /man's cross being in
general indistinguishable from another man's."
It is important to notice, as was pointed out in
the considered judgment of the Court in the case
of Woodward v. Sarsons(d), that " the rules in the
1st Schedule of the Ballot Act and the forms in
the 2nd Schedule are directory enactments, as
distinguished from the absolute enactments in the
section in the body of the Act, and that, while
the general rule is that an absolute enactment
must be obeyed or fulfilled exactly, it is sufficient
if a directory enactment be obeyed or fulfilled sub-
stantially. The second section enacts, as to what
the voter shall do, that ' the voter, having secretly
marked his vote on the paper, and folded it up so
as to conceal his vote, shall place it in an enclosed
box.' This is all that is said in the body of the
Act about what the voter shall do with the ballot
paper. That which is absolute, therefore, is that
the voter shall mark his paper secretly (e). How
he shall mark it is in the directory part of the
statute. . . . The result seems to be, as to writing
or mark on the ballot paper, that if there be sub-
stantially a want of any mark, or a mark which
leaves it uncertain whether the voter intended to
(d) (1875), L. E. 10 C. P. at pp. 746, 747, 748.
(e) If this provision is infringed, the vote will be void, and a
similarly strict compliance with all the other requirements of sect. 2
is necessary. Thus a vote will be void if the ballot paper has no
official mark on it (Wigtoivn (1874), 2 0. & H. 215) or if it is filled
up in such a way as to lead to the identification of the voter. See
sect. 2 of the Ballot Act, 1872, and Sched. 2, which is made part of
such Act by sect. 28 : Woodivard v. Sarsons (1875), L. R. 10 C. P.
747.
180 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect, aa. vote at all or for which candidate he intended ta
vote, or if there be marks indicating that the voter-
has voted for too many candidates, or a writing or
a mark by which the voter can be identified, then
the ballot paper is void, and is not to be counted ;
or, to put the matter affirmatively, the paper must
be marked so as to show that the voter intended
to vote for someone, and so as to show for which
of the candidates he intended to vote. It must
not be marked so as to show that he intended to
vote for more candidates than he is entitled to
vote for, nor so as to leave it uncertain whether
he intended to vote at all or for which candidate
he intended to vote, nor so as to make it possible,
by seeing the paper itself, or by reference to-
other available facts, to identify the way in which
he has voted (/). If these requirements are sub-
stantially fulfilled, then there is no enactment and
no rule of law by which a ballot paper can be
treated as void, though the other directions in the
statute are not strictly obeyed. If these require-
ments are not substantially fulfilled the ballot
paper is void, and should not be counted ; and
if it is counted, it should be struck out on a
scrutiny. The decision in each case is upon a
point of fact, to be decided first by the returning
officer, and afterwards by the election tribunal,
on petition.' 7
1 . Want of official mark.
" It is quite sufficient if there is sucli evidence
of the official mark, whether it is perforated
(/) See also the observations of Ghannell, J., in Exeter (1911),
6 O. & H. at p. 232.
RULES AS TO BALLOT PAPERS.
187
through the paper, whether the ink is caused to Sect. vs.
run through the paper so as to indicate the official
mark, or whether the stamp is applied, but fails
to make a perfect mark. In all such cases, if
there be evidence that the presiding officer has
intended to make, and has in fact made, what,
fairly looked at, indicates that a recognisable
official mark is upon the back of the ballot paper,
votes marked upon such papers ought to be held
good votes in the absence of any other substantial
objection(^)."
2. Voting for more candidates than entitled to.
" If there be marks indicating that the voter
has voted for too many candidates . . . then the
ballot paper is void and is not to be counted. ...
The paper must not be marked so as to show
that he intended to vote for more candidates than
he is entitled to vote for " (k).
If it is so marked " the ballot paper is void and
should not be counted ; arid if it is counted, it
should be struck off on a scrutiny " (k}.
3. Writing or mark />// which the voter could be
identified.
The fact that the marks are such as might
lead to the identification of the voter is not
sufficient to vitiate and render void the vote. The
mark must be a mark by which the voter can
(not might possibly) be identified. Whether the
mark is such is a matter of fact. It is an in-
(g) Per Hawkins, J., in C'irenccstrr (1893), 4 O. & H. at p. 196.
(A) Per cnriam in Woodward v. Sarsons (1875), L. B. 10 0. P.
at p. 748. See also Phillips v. f/o/(1886), 17 Q. B. D. 814. But
see as to a university election held according to the principle of
proportional representation, pp. 160 161, and 158 160, snpr.
188 REPRESENTATION OF THE PEOPLE ACT, 1918.
fi_??*_ sufficient objection that the marks referred to
might possibly afford a clue to the identification
of the voter" (i).
4. Unmarked or void for uncertainty. The Courts
appear to have placed a more rigid and technical
interpretation on the language of the statute in
the earlier than in the later cases. Thus in
Wigtown (k) Lord Neaves said :
" I think it essential to a good vote that the
voter should make the cross thus pointed out, and
that any mark materially different would be a
deviation from what is prescribed, and a failure
to fulfil the requirements of the statute. For
anyone to put, instead of a cross, a circle or an
oval, or any other geometrical or anomalous
figure, would not be a compliance with the law,
independently of the consideration that such a
plain and wilful departure from what was intended
would suggest strongly the suspicion that some
sinister purpose was intended."
Again, in Stepney Division (I) counsel objected
to a vote on the ground that the voter had put a
circle instead of a cross and that by this it might
be identified; he cited Wigtotun(m}. Denman, J.,
said (n) :
" The question here is whether a ballot paper
is good in which the voter, instead of making a
cross or a mark of the ordinary kind straight
(i) See the observations of Hawkins, J., in Cirencester (1893),
4 0. & H. at p. 198.
(k) (1874), 2 O. & H. at pp. 220, 221.
(I) (1886), 4 0. & H. at p. 37.
(m) (1874), 2 0. &H. 215.
(n) Stepney Division (1886), 4 O. & H. at pp. 37, 38.
RULES AS TO BALLOT PAPERS. 189
with his pen, deliberately makes a circle. If a Sect, as.
man does that, he really must do it either with
some sinister object, or it is so perversely and
absurdly in deviation from the directions of the
Ballot Act as to make it a case in which he ought
really to be held to have thrown away his vote.
If he does it with the sinister object of having
his vote known, then he has forfeited his vote
because he has violated the Ballot Act. If he does
it purposely and one cannot understand a man
supposing that a cross is a circle he has done it
perversely, and done it in such a way as again to
legitimately forfeit his vote. If he does it pur-
posely, knowing that his vote may be thrown
away, then he really has not indicated his inten-
tion to vote for the candidate against whose name
he has placed the mark ; so that in any case there
is no good ground for holding that a circle is a
cross within the meaning of the Ballot Act."
The vote was struck off.
The attention of the Court in this case does not
appear to have been drawn to the important deci-
sion of the Court of Common Pleas in Woodward
v. Sarsons (0), but having regard to that case and
to later decisions, it is respectfully submitted that
the observations of Lord Neaves cited above do
not correctly state the law, and that the decision
of the Court in Stepney Division must now be
regarded as overruled.
In Woodward v. Sarsons ( p ) it was laid down
that any mark which sufficiently indicates for
(o) (1875), L. E. 10 C. P. 733.
(p) Ibid, at p. 748.
190 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 23. whom the vote is given, so long as it is not such
as to enable the voter to be identified, is good.
The following modes of marking were held good(y)
in the absence of evidence of connivance or pre-
arrangement :
(a) Two or three crosses instead of one.
(b) A straight vertical line instead of a cross.
(c) A straight stroke in addition to a cross.
(d) A letter P in addition to a cross.
(e) An oblique line instead of a cross.
(f ) A star instead of a cross.
(g) A pencil line drawn through the name of
one candidate and a cross opposite that of another.
(h) A cross placed on the left instead of the
right-hand side of the candidate's name.
Some of these decisions are in conflict with
some of the decisions of the majority of the
judges in the Scottish Court of Session in Wig-
town (r)j and in regard to this Lord Coleridge, C.J.,
in delivering the considered judgment of the Court
in Woodward v. Sarsons (s) said :
" We are aware that, in so applying the prin-
ciples which we have deduced from the statute,
we are acting apparently in opposition to some
of the decisions in the Wigtown case(^) ; but there
may have been evidence in that case which does
not exist in the present case, and which made
many of the marks there marks of identification,
which the mere presence of such marks here does
(q) (1875), L. E. 10 C. P. at p. 749.
(r) (1874), 2 O. & H. 215.
() (1875), L. E. 10 0. P. at p. 750.
(t) (1874), 2 O. & II. 215, 227 ; 1 Court of Sess. Cases, 4th Series,
925, 231 , sub wow. Haswett v. Stewart.
RULES A8 TO BALLOT PAPERS. 191
not do. If this was not so, we respectfully differ Sect. 83.
from the strict view taken by the majority of the
learned judges who decided that case, and adhere
to the view of Lord Benholme given in that case."
In 1876 a Select Committee of the House of
Commons, appointed to inquire into the working
of the Ballot Act, reported that in their opinion
"no ballot paper should be rejected unless it
appears clearly to the returning officer that the
obligatory portion of the Act has not been com-
plied with ; and that the marking of the ballot
paper in a manner not in accordance with the
* directions ' should not cause its rejection, unless
it appears to the returning officer that such de-
parture from the directions has been for the pur-
pose of identification, or would necessarily afford
an opportunity for such identification being
effected, or unless the returning officer is unable
to determine for whom the voter intended to
vote." The Committee further suggested that
the Home Office should forward to every return-
ing officer the case and judgment in Woodward v.
Sarsons (u).
In the later case of BucJcrose (#), where a vote
was objected to on the ground that the ballot
paper had been marked with a circle instead of
a cross, the vote was allowed. Pollock, B.,
said(y):
"I should have myself no doubt about this
case but for the remarks of my brother Den-
() Par. Pap. 162 of 1876, p. iv.
(a) (1886), 4 O. & H. 110.
(y) Ibid, at p. 112.
192 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 23. man (2), which one must take to have been en-
tirely assented to by my brother Field, inasmuch
as he did not dissent from them, but we have not
before us the precise character of the circle in
that case. It may have been something very
accurate as a circle, and it may have indicated
more education and mental power than is in-
dicated by such figures as we find here, and
therefore I cannot consider that that case is a
binding authority upon us with reference to thi&
particular ballot paper. So far as the Scotch
authority goes it is not binding upon us. But
now let us look at the plain intention which is
indicated by the statute itself." After referring
to the 2nd section of the Ballot Act, 1872, and
the 2nd Schedule to that Act, the learned Baron
continued: "It is in the schedule that for the
first time you have an indication that it shall be
by a cross. When you get to the form the same
thing is indicated, and the only question is
whether that cross, in the form of a cross sub-
stantially, is essential to a good vote. It has
been already held that if it be a cross with a
mark across it like an X, or like a Winchester
cross, and a good many figures of that kind, then
it would be perfectly good. This is not a cross ;
but is it such a departure from a cross as to in-
dicate any intention on the part of the voter
otherwise than to record his vote for the person
whose name is opposite the bad cross ? I cannot
myself think that that is so. For my part, I
think this is a good vote."
(z) In Stepney Division (1886), 4 0. & H. at pp. 37, 38.
RULES AS TO BALLOT PAPERS.
Smith, J., concurred, holding that the case Sect. 83.
came within the principle of Woodward v. Sar-
so?is (), and that the ballot paper was marked in
such a way as to show that the voter intended to
vote for the candidate opposite whose name he
had placed the mark in question.
In Buckrose(b) counsel objected to a vote on
the ground that the only mark on the paper was
a cross made upon the name of Mr. S., in such a
way as to make it appear possible that he intended
to strike the name out. The vote was disallowed.
In the same case() a vote was objected to on
the ground that the cross had been put, not
opposite to either of the candidates' names, but in
the right-hand top corner of the ballot paper above
the line. The Court, following the opinion of
Hawkins, J., in Berwick (c] and of the Court in
Stepney Division (d\ held that the vote was void
for uncertainty.
*
A vote was also objected to by counsel on the
ground that the figure 33 had been written upon
the back of the ballot paper. The Court, in the
absence of any evidence showing that the voter
could be identified by the writing, allowed the
vote(fl?), following the decision of Field, J., in
Stepney Division (e).
In BucJcrose, the same case(d), a ballot paper
(a) (1875), L. R. 10 0. P. 733.
(6) (1886), 40. &H. at p. 112.
(c) (1880), 3 O. & H. at p. 182.
(d) (1886), 4 0. & H. at p. 111.
(e) (1886), 4 0. & H. 40.
F. 13
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect, as. had been rejected by the returning officer which
had been marked upon the back opposite the name
of one of the candidates, and it was contended
that, inasmuch as the mark could be seen through
the paper without turning it over, it was a good
vote. Pollock, B., said() : " I have a very clear
opinion that that will not do. If you take the
whole context of the Act and read the direction,
the voter is to place a cross on the right-hand side
opposite the name of each candidate for whom he
votes, and that together with the other provision
with regard to the returning officer clearly indi-
cates that it must be upon the face of the paper.
We think that the vote was properly rejected on
the ground that a cross upon the back is not a
compliance with the Act."
In the same case a ballot paper marked in the
usual way on the face opposite the name of one
candidate but with a cross on the back opposite
the name of the other candidate was allowed for
the former candidate (e).
Where a ballot paper was marked with a cross
on the left-hand side of the respondent's name,
and with a straight line on the right-hand side of
the petitioner's name, and the vote was objected
to on the ground of uncertainty, Pollock, B.,
said (/) : "I think the cross in one case and the
line in the other make it doubtful, and we must
reject the vote."
(e) C1886), 40. & H. at p. 111.
(/) Hid. See also Exeter (1911), 6 0. & H. at p. 229.
RULES AS TO BALLOT PAPERS. 195
In Stepney Division (g), where the cross had Sect. 23.
been put on the top of the voting paper opposite
the words " Ballot paper," the vote was struck off
on the ground of uncertainty.
In the same case the Court was divided in
opinion as to whether a name and a cross on the
back of a ballot paper invalidated the vote (h).
In Cirencester(i), Hawkins, J., thus explained
the principles by which the Court would be guided
in dealing with cases of this kind :
" With regard to those votes as to which ob-
jections have been raised to the mode in which
they were marked by the voters, we have pro-
ceeded upon what we think was the true intention
of the Legislature in framing the Act of Parlia-
ment. We have, first of all, asked ourselves
whether the voter received his paper with the
intention to vote. The mere fact that he has
applied for and received a voting paper affords
abundant evidence that such was his intention.
Then we have looked at the face of the paper
itself, with a view to see whether or not the voter
has by any mark clearly indicated the person for
whom he wished and intended to vote ; and if we
have found such a mark we have upheld the vote,
regardless of the very technical, and as we think
unsubstantial, objections which have been allowed
in some of the earlier cases to be found in the
(g] (1886), 40. & H. 37.
(h) The decision on this point in Wigtown (1874), 2 0. & H. 216,
was, however, not mentioned to the Court,
(t) (1893), 4 0. & H. at pp. 196, 197.
13(2)
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 23. reports of election cases, our view being that we
ought to interpret the Ballot Act liberally, and,
subject to other objections, to give effect to any
mark on the face of the paper which in our
opinion clearly indicated the intention of the
voter, whether such mark were in the shape of a
cross, or a straight line, or in any other form, and
whether made with pen and ink, pencil, or even
an indentation made on the paper, and whether
on the right or the left hand of the candidate's
name, or elsewhere within his compartment on
the voting paper. Of course, every deviation
from the course pointed out in the rule tends to
create difficulties which may be avoided by a rigid
observance of it. It is highly prudent therefore
to adhere to it, though we do not think it essen-
tial. . . . There were some marks and blotches of
a very irregular character (on the voting paper),
which might well be mistaken as indications of
temporary unsteadiness in the voters, who by
their unsteadiness imperil their votes. In such
cases we have done our best to discover whether,
although obscured by the blots, blurs, and other
marks, there existed positive indications on the
part of the voter of an intention to vote without
a thought of leaving behind a trace to enable him
to be identified. ... Of course, if it is upon the
face of the ballot paper left in doubt whether the
man intended to vote for one candidate or the
other, the weight of the objection that the vote
is uncertain is obvious, for the simple reason that
one candidate has just as much right to claim
RULES AS TO BALLOT PAPERS. 197
the vote as the other, and so it ought not to be Sect. 23.
counted for either, and the statute so enacts."
"It has been held (&)," said Hawkins, J., in
Berwick-upon- Tweed (1], "that it is not necessary
that this mark should be made with the pencil
provided in the compartment, or with a pencil
at all. A mark made with ink or with a piece of
burnt stick is just as good as a mark made with
pencil, and I cannot see any reason why a mark
made in any other way is not just as good."
In the same case one of the ballot papers had
been marked with a long cross, one part of which
extended into the space opposite the name of the
respondent, although the actual intersection of the
cross was in the space opposite the petitioner's
name. It was held that this was a good vote for
the petitioner. "If," said Lopes, J. (m), "you
strike out the upper part of the cross, that is, the
part opposite the name of the respondent, you will
still have a perfect cross opposite the petitioner's
name. On the other hand, if you strike off what
is opposite to the petitioner's name, you will have
no cross at all."
In Pontardawe Rural District Council Election
Petition (n) certain doubtful ballot papers were
reserved for the consideration of the Court, among
whicli were three papers in which the marks made
by the voters were outside the compartments or
(A) In Wigtown (1874), 2 O. & H. 219.
(I) (1880), 3 O. & H. at p. 180.
(m) Ibid. 181.
(n) (1907) 2 K. B. 313.
198 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect, as. ruled spaces on the ballot papers. The marks,
however, although outside the compartments, were
placed directly opposite the names of certain of
the candidates, so as to leave no doubt for whom
the voters intended to vote. Ridley, J., said :
" I think that as long as the mark is opposite the
name of the candidate, so as to make it clear that
the voter intended to vote for him, the vote is
good. If the mark were above or below the name
it would not be clear, and the paper would be void
for uncertainty."
Phillimore, J., said: " I agree. The effect of
placing the mark outside the printed space may
be to make it more difficult to decide for whom
the vote was given. But here there is admittedly
no difficulty in so deciding. A mark put directly
opposite the name of a particular candidate is to
my mind a good vote."
Where the voter writes his own name instead of
a cross, as directed, opposite the candidate's
name (o), or where he writes any name (p) or
initials (q), even though they are not those of the
voter or candidate, the vote will be rejected on
the ground that the voter could be identified by
his handwriting.
In West Bromwich (r) various ballot papers were
considered on a scrutiny by Ridley and Bucknill,
(o) Woodivard v. Sarsons (1874), L. E. 10 C. P. at pp. 737, 749.
(j>) Ibid, at pp. 736, 749; Wigtown (1874), 2 0. & H. at pp. 216,
217 ; Exeter (1911), 6 0. & H. at pp. 229231.
(q) Ballot Act, 1872, s. 2.
(r) (1911), 6 0. & H. at pp. 256, 257.
RULES AS TO BALLOT PAPERS. 199
JJ., and it may be useful to refer to the following Sect. 23.
decisions of the Court :
Crosses outside the proper vote-space, but well
opposite the candidate's name, were allowed to
him.
A cross in the margin altogether underneath
the candidate's name-space was disallowed to him ;
but one in the right-hand margin altogether out-
side that space and the proper vote-space, but
partly parallel with them and partly beneath
them, was allowed to him.
A very faint cross in the candidate's name-
space was allowed to the candidate (s).
A cross immediately under the space for the 2
in the number column (i.e. the candidate's number),
wholly in the bottom margin, was disallowed to
the candidate, but a cross slightly within that
space was allowed to him.
All crosses opposite the words " Ballot Paper,"
which were printed in the top margin, immediately
over all the spaces where the crosses were wholly
outside those spaces, were disallowed, but where
part of the cross extended into the proper vote-
space for the candidate it was allowed.
A cross in the top margin, but extending
slightly into the candidate's number-space (i.e. 1),
was allowed to him.
A confused mark in the proper vote -space for
the candidate was allowed to the candidate (t).
(s) See also Exeter (1911), 6 0. & H. at p. 228.
(*) Ibid, at p. 229.
200 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 23. A faint mark (not a cross) against the can-
didate's name was allowed to him.
A cross across the dividing line between the
candidates' name-spaces, but mostly in the upper
space, was allowed to the candidate whose name
was in the upper space.
A cross across the dividing line between the
spaces in the number column, but mostly in the
upper space (i.e. 1), was disallowed to the can-
didate whose name was in the upper space.
The whole of the paper and print relating to
one candidate had been torn off and missing, but
there was a cross in the proper vote-space for the
other candidate disallowed.
A cross on the left-hand margin opposite, but
wholly outside of, the candidate's number-space
was allowed to him.
A cross on the right-hand margin opposite, but
wholly outside of, the candidate's proper voting-
space was allowed to him.
The decision of the returning officer as to any
question arising in respect of any ballot paper is
final, subject to reversal on petition questioning
the election or return ().
As to sub-section (3) of sect. 23. If an Order in
Council is issued under this sub-section, it will
affect the provisions of sub-section (2), dealt with
on p. 182, supra.
As to sub-section (4). This sub-section deals with
voting by proxy, which is the second of the two
methods provided in sect. 23 by which absent
voters can vote.
(u) Ballot Act, 1872, s. 2.
VOTING BY PROXY. 201
Sub-section (4) (a) provides that His Majesty sect. 23
may by Order in Council permit naval or military
voters to vote by proxy when the locality abroad
where they are performing their duties is so far
distant from the United Kingdom or so incon-
veniently situated that the method of voting
provided by sect. 23 (1), (2), (3) is impracticable.
By Order in Council, dated June 25th, 1918 (v),
voting by proxy is permitted in all areas on land
outside the British Islands except areas in France
and Belgium.
Sub-section (4) (b) states the conditions upon
which an absent voter is entitled to exercise the
right of voting by proxy. These conditions are
that he must satisfy the registration officer that
he comes within the provisions of sub-section
(4) (b) (i) or (b) (ii).
As to the meaning of the words a naval or
military voter in (4) (b) (i), and his right to vote,
see pp. 79 94, supra.
As to the word afloat, by sect. 41 (10) this
" shall be interpreted in accordance with the
rules (a;) made for the purpose by the Admi-
ralty."
As to the words in any area on land abroad
in which voting by proxy is permitted in pur-
suance of an Order in Council made under this
section, this of course refers to the areas men-
tioned above, i.e., to all areas outside the British
Islands except areas in France and Belgium.
(v) Set out on p. 753, infra.
(x) For these rules, see p. 628, infra.
202 KEPKESENTATION OF THE PEOPLE ACT, 1918.
Sect. 23. The persons described in (4) (b) (ii) fall within
one of the classes of " naval or military voters n
within the meaning of sect. 5 (3) (ii) (a)(#).
As to the meaning of the words to appoint a
proxy, see the Third Schedule to the present Act,
clauses 1, 3 and 4, p. 359, infra.
As to the words to vote by proxy at a par-
liamentary election in accordance with and
subject to the provisions of this Act, see the
Third Schedule to the present Act, clauses 5
to 15, pp. 360362, infra.
As to sub-section (4) (c), a returning officer shall
not send a ballot paper for the purpose of voting
by post under sect. 23 (1) to any person who has
appointed a proxy while the appointment is in
force, and it provides further that no such ballot
paper shall be sent to any naval or military voter
if the returning officer knows that he is serving
in any area which comes within sect. 23 (4) (a),
whether such naval or military voter has ap-
pointed a proxy or not.
As to sub-section (4) (d), the Third Schedule
to this Act is set out on pp. 359 362, infra.
As to sub-section (5). This sub-section provides
that a person whose name is entered on the absent
voters list shall not be entitled to vote except
under sect. 23 (1), (2), (3), by sending a ballot
paper to the returning officer, or under sect.
23 (4) by proxy; in other words, a person on the
absent voters list is not allowed to vote by placing
the ballot paper in the ballot box in the ordinary
manner.
(y] Set out at pp. 77 78, and see pp. 79 85, supra.
VOTING BY EMPLOYEES OF RETURNING OFFICERS.
There appears to be nothing in the Act to pre Sect. 23
vent a person being placed on the absent voters
list in respect of his qualification in two or more
constituencies (0). An absent voter registered in
more than one constituency can exercise his or
her right to vote in each such constituency pro-
vided that the voter does not vote for more con-
stituencies than he or she is entitled to vote for
under sect, 8 (!)().
As to sub-section (6). An Order in Council
prescribing forms and making regulations with
regard to proxy papers will be found on pp.
754757, i n f raf
24. Where an elector for any constitu- voting by
. . . persons in the
eney (other than a university constituency) is employment
i m i of returning
employed by the returning officer for that officers.
constituency for any purpose in connection
with an election for that constituency, and
the circumstances of that elector's employ-
ment are, in the opinion of the returning
officer, such as to prevent him from voting
at the polling station at which the elector
would otherwise be entitled to vote, the
returning officer may authorise the elector,
by a certificate given in the prescribed form,
to vote at any other polling station in the
constituency, and that polling station shall,
for the purpose of Rule 18 of Part I. of the
(z] See pp. 85 96, supra.
(a] See pp. 100101, 108110,
supru.
204
REPRESENTATION OF THE PEOPLE ACT, 1918.
sect 24. First Schedule to the Ballot Act, 1872, be
deemed to be the polling station allotted to
that elector.
NOTE. in the opinion of the returning officer.
-It would appear that the opinion of the return-
ing officer would be conclusive on the matter in
question.
at the polling station at which the elector
would otherwise be entitled to vote. By Rule 1 5
of the First Schedule to the Ballot Act, 1872,
u at every polling place the returning officer shall
provide a sufficient number of polling stations for
the accommodation of the electors entitled to vote
at such polling place, and shall distribute the
polling stations amongst those electors in such
manner as he thinks most convenient "
a certificate given in the prescribed form.
By sect. 41 (11) * prescribed " means prescribed
by His Majesty by Order in Council. At the
date of going to press the form of certificate here
mentioned has not been prescribed.
that polling station shall for the purpose of
Rule 18 of Part I. of the First Schedule to the
Ballot Act, 1872, be deemed to be the polling
station allotted to that elector. Rule 18 here
referred to is as follows: " No person shall be
admitted to vote at any polling station except
the one allotted to him."
Right to the
use of
elementary
schools.
25. (1) A candidate at a parliamentary
election (other than a university election)
shall be entitled, for the purpose of holding
USE OF SCHOOLS FOR PUBLIC MEETINGS. 205
a public meeting in furtherance of his can- Sect - 25
didature, to the use at reasonable times be-
tween the receipt of a writ for the election
and the day of the poll, of a suitable room
in any public elementary school situated
within the constituency for which he is a
candidate :
Provided that this enactment shall not
authorise the use of any room used as part
of a private dwelling-house nor authorise
any interference with the school hours of an
elementary day or evening school.
(2) A charge may be made to cover any
actual and necessary expenses incurred by
the local education authority, or by the
managers of the school, in respect of the
preparation of the room before the meeting
for the purposes of the meeting, and after
the meeting for school purposes, and for
warming, lighting, and cleaning the room.
(3) If by reason of the use of any room
under this Act any damage is done to the
school-house, or to the furniture, fittings,
or apparatus, the damage shall be defrayed
by the person by whom, or on whose behalf,
the meeting is convened.
NOTE. A candidate at a parliamentary elec-
tion. It is submitted that although the context
of these words in the above section is different
to that of the similar words in sect. 34 (1) of
206
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 25. the present Act, the meaning of these words is
the same as that which they bear in the latter
section (a).
between the receipt of a writ for the election
and the day of the poll. See pp. 179, 180,
supra.
As to sub-section (2), the charge referred to must
be included in the candidate's election expenses.
See below.
As to the words in sub-section (3), the damage
shall be defrayed by the person by whom, or
on whose behalf, the meeting is convened,
It is submitted that " the person ... on whose
behalf . . . the meeting is convened," can only
mean the candidate. Bysect. 34 (1): " A per-
son other than the election agent of a candidate
shall not incur any expenses on account of holding
public meetings . . . for the purpose of promoting
or procuring the election of any candidate at a
parliamentary election unless he is authorised in
writing to do so by such election agent " ; and
by sect. 34 (3), " any expenses incurred on account
of any such purpose as aforesaid and authorised
by the election agent of the candidate shall be
duly returned as part of the candidate's election
expenses." It is submitted, however, that the
"damage" mentioned in sect. 25 (3) does not
come within sect. 34 (3), and need not be returned
as part of the candidate's election expenses (#), as
such damage does not fall under " expenses
incurred on account of ... such purpose."
(a) See pp. 269270, 272273, infra.
($) See p. 264, infra.
DEPOSIT BY CANDIDATES. 207
As regards Scotland, the expression any public _Sect. 25.
elementary school, in sect. 25 of the present
Act, means " any school in receipt of a parlia-
mentary grant " (c).
Sect. 25 does not apply to Ireland (d[).
26. (1) A candidate at a parliamentary Deposit by
election, or someone on his behalf, shall parHamentary
deposit, or cause to be deposited, with the
returning officer, during the time appointed
for the election, the sum of one hundred and
fifty pounds, and, if he fails to do so, he
shall be deemed to be withdrawn within the
provisions of the Ballot Act, 1872.
(2) The deposit may be made by the
deposit of any legal tender or, with the
consent of the returning officer, in any other
manner.
(3) If after the deposit is made the candi-
date is withdrawn in pursuance of the pro-
visions of the Ballot Act, 1872, the deposit
shall be returned to the person by whom the
deposit was made ; and if the candidate dies
after the deposit is made, and before the
poll is commenced, the deposit, if made by
him, shall be returned to his legal personal
representative, or, if not made by him, shall
be returned to the person by whom the
deposit was made.
(c) Sect. 43 (10), p. 319, infra.
(d) Sect. 44 (10), pp. 333334, infra.
208 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 26. NOTE. As to the words in sub-section ( 1 ), during"
the time appointed for the election. By rule 4
of Part I. of the First Schedule to the Ballot Act,
1872, u the time appointed for the election shall be
such two hours between the hours of ten in the
forenoon and three in the afternoon as may be
appointed by the returning officer, and the re-
turning officer shall attend during those two hours
and for one hour after.' 7 The hours here referred
to are hours of the day which is called in the
Ballot Act "the day of election," i.e., the day
fixed for receiving nominations (c).
shall be deemed to be withdrawn within the
provisions of the Ballot Act, 1872. The pro-
visions here referred to are the following, con-
tained in sect. 1 of the Ballot Act, 1872 :
" A candidate may, during the time appointed
for the election, but not afterwards, withdraw
from his candidature by giving a notice to that
effect, signed by him, to the returning officer:
Provided that the proposer of a candidate nomi-
nated in his absence out of the United Kingdom
may withdraw such candidate by a written notice
signed by him and delivered to the returning
officer, together with a written declaration of
such absence of the candidate."
As to the words in sub-section (3), If after the
deposit is made the candidate is withdrawn in
pursuance of the provisions of the Ballot Act,
1872. These provisions are those set out imme-
diately above.
(c) See Ballot Act, 1872, 8. 1, First Schedule, Part I., r. 2, and
pp. 179180, supra.
FORFEITURE OF CANDIDATE'S DEPOSIT. 209
It should be observed that sect. 26 applies to a Sect - 2Q -
university election ( d).
27. (1) If a candidate who has made Forfeiture of
the required deposit is not elected, and the certain easet,
number of votes polled by him does not
exceed, in the case of a constituency return-
ing one or two members, one-eighth of the
total number of votes polled, or in the case
of a constituency returning more than two
members one-eighth of the number of votes
polled divided by the number of members to
be elected, the amount deposited shall be
forfeited to His Majesty ; but in any other
case that amount shall be returned to the
candidate, where the candidate is elected, as
soon as he has taken the oath as a member,
and, where the candidate is not elected, as
soon as practicable after the result of the
election is declared :
Provided that where a candidate is nomi-
nated at a general election in more than one
constituency he shall in no case recover his
deposit more than once, and in . such case
the deposits shall be forfeited to His Majesty
except such one as the Treasury direct to
be returned to the candidate.
(2) For the purposes of this section the
(d} See sect. 36 (2), p. 279, infra.
F. 14
210 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - 27 number of votes polled shall be deemed to
be the number of ballot papers (other than
spoilt ballot papers) counted ; and where the
election is held under the system of the
transferable vote the number of votes polled
by a candidate shall be the number of votes
polled by him as first preferences.
NOTE. As to the words in sub-section (1), the
required deposit. As to this, see the preceding
section set out on p. 207, supra.
the amount deposited shall be forfeited to His
Majesty. It should be noticed that by sect.
36 (3) (c) the deposit of a candidate for a uni-
versity constituency when forfeited is to be re-
tained by the university (e).
As to the words in sub-section (2), the number
of votes polled shall be deemed to be the number
of ballot papers (other than spoilt ballot papers)
counted. As to counting ballot papers, see pp.
182 200, supra. As to spoilt ballot papers, see
Ballot Act, 1872, First Schedule, rule 28, p. 687,
infra.
where the election is held under the system
of the transferable vote the number of votes
polled by a candidate shall be the number of
votes polled by him as first preferences. The
elections here referred to are contested elections
for university constituencies where there are two
or more members to be elected (/).
() See p. 280, infra.
(/) See sect. 20 (1), p. 155, and pp. 160161, supra.
RETURNING OFFICERS. 211
As to "the system of the transferable vote" Sect. 27.
and "first preferences," see pp. 158 160, supra.
28. The returning officer at a parlia- Returning
mentary election (other than a university
election) shall, notwithstanding anything in
any other Act, be :
(1) In the case of a parliamentary county
which is coterminous with, or
wholly contained in, one adminis-
trative county, the sheriff;
(2) In the case of a parliamentary borough
which is coterminous with, or
wholly contained in, a county of
a city or town having a sheriff, the
sheriff, and in the case of the City
of London, the sheriffs ;
(3) In the case of a parliamentary borough
which is coterminous with, or
wholly contained in, one municipal
borough (not being a county of a
city or town having a sheriff), or
one metropolitan borough, or one
urban district, the mayor or chair-
man of the council, as the case
requires; and
(4) In any other case, such sheriff, mayor,
or chairman, as may be designated
for the purpose by the Local
Government Board.
14(2)
REPRESENTATION OF THE PEOPLE ACT, 1918.
sect. 28. NOTE. (other than a university election).
As to the returning officer at a university election,
see pp. 364, 373, infra.
Returning By sect. 43 (13) (g] of the Act it is provided that
Scotland! sect. 28, set out above, shall not apply to Scotland,
and that in lieu thereof the following provisions
shall apply :
" The returning officer at parliamentary elec-
tions (other than a university election) shall as
heretofore be the sheriff of the sheriffdom within
which the constituency is wholly situated or,
where the constituency is situated in more than
one sheriffdom, the sheriff specified in the Seventh
Schedule to this Act " (h).
Returning By sect. 44 (10) (i) of the Act, sect. 28, set out
ireiand. m above, does not apply to Ireland. In Ireland,
therefore, the law as to the persons who are to
be returning officers remains the same after the
passing of the present Act as it was before.
Accordingly the following persons are to be return-
ing officers in Ireland :
In a county, county of a city, or county of a
town, the sheriff for such county, county of a city,
or county of a town is the returning officer. In
a division of any such county, or county of city
or town, which is a separate constituency (/), the
sheriff of such county, county of a city or town
is the returning officer.
Where the sheriff is returning officer for more
(g) Set out at pp. 321322, infra.
(7i) See p. 391, -infra.
(t) Set out at pp. 333334, infra.
(/) 2 & 3 Will. 4, c. 45, s. 66.
RETURNING OFFICERS IN IRELAND. 213
than one county, as defined for the purposes of sct. 28.
parliamentary elections i.e., in counties divided
for the purpose of parliamentary representation
he may, by writing under his hand, appoint a fit
person to be his deputy for all or any of the
purposes relating to an election in any such county,
arid may, by himself or such deputy, exercise any
powers and do any things which the returning
officer is authorised or required to exercise or do
in relation to such election (Jc).
Where the sheriff of a county dies before the
expiration of his year of office or before he is
lawfully superseded, the under- sheriff by him
appointed shall nevertheless continue in office,
and shall, until another sheriff is appointed for
the said county and has made the declaration of
office, execute the office of sheriff, in the name
of the deceased sheriff, and be answerable for the
execution of the said office as the deceased sheriff
would by law have been if living (I).
Where the sheriff of a county of a city, or a
county of a town, dies or becomes incapable of
performing the duties of his office, the council of
the said city or town shall forthwith appoint
another fit person to execute the office (m).
In municipal boroughs, other than cities and
towns being counties of themselves, the mayor is
the returning officer (ri).
(k] Ballot Act, 1872, s. 8.
(!) Sheriffs Act, 1887, 8. 25 (1).
(,/?) Ibid. s. 36 (1).
() 3 & 4 Viet. c. 108, s. 84.
214
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 28. If, when a mayor is required to act as returning'
officer, he is absent, or incapable of acting, or*
there is no mayor, the council must forthwith
choose an alderman to be returning officer (0).
In boroughs in which there is no mayor and
which are not counties of cities or towns, the
returning officer is the sheriff of the county in
which the whole or greatest part of the borough
is situate (p\
Whenever from temporary vacancy or some
other cause there is no person duly qualified to
perform the duties of returning officer for . a
borough, city, or town, the sheriff of the county
in which such place is situate is charged with the
execution of the writ, and must do all things
incidental to the office of returning officer. He
must not receive or execute any writ, however,
unless there shall be no person legally qualified
and competent to act as returning officer in such
borough (q).
Payment of
returning
officers'
expenses by
Treasury. "
29. (1) The returning officer at a par-
liamentary election (other than a university
election) shall be entitled to his reasonable
charges, not exceeding the sums specified in
the scale of maximum charges framed under
this section, in respect of services and ex-
penses of the several kinds mentioned in the
(o) 3 & 4 Viet. c. 108, s. 84.
(p) 3 & 4 Viet. c. 108, s. 84 ; 22 Viet. c. 14, s. 1.
(?) 25 & 26 Viet. c. 92, s. 3.
PAYMENT OF RETURNING OFFICERS' EXPENSES. 415
said scale which have been properly rendered sect. 29.
or incurred by him for the purposes of or in
connexion with the election.
(2) The amount of any such charges shall
be paid by the Treasury out of moneys pro-
vided by Parliament on an account being
submitted to the Treasury in accordance
with regulations made under this section ;
but the Treasury may, if they think fit,
before payment apply to the court as defined
by this section for the taxation of the account,
and the court shall have jurisdiction to tax
the account in such manner and at such time
and place as the court thinks fit, and finally
to determine the amount payable to the
returning officer.
On the request of the returning officer for
an advance on account of his charges, the
Treasury may, if they think fit, and on such
terms as they think fit, make such an ad-
vance.
(3) Where an application is made for the
taxation of a returning officer's account, the
returning officer may apply to the court to
examine any claim made by any person
against him in respect of matters charged in
the account ; and the court, after notice
given to the claimant and after giving him
an opportunity to be heard and to tender
216 KEPKKSENTATION OF THE PEOPLE ACT, 1918.
Of
sect. 29. any evidence, may allow or disallow or re-
duce the claim objected to, with or without
costs ; and the determination of the court
shall be final for all purposes and as against
all persons.
(4) The Treasury shall prescribe a scale
of maximum charges for the purposes of this
section and may revise the scale as and when
they think fit, and may also make regula-
tions as to the time when and manner and
form in which accounts are to be rendered
to them for the purpose of the payment of
the charges.
(5) The court for the purposes of this
section shall be, as respects an election in
the City of London, the Mayor's Court ; and
elsewhere in England and in Ireland the
county court having jurisdiction at the place
of nomination for the election to which the
proceedings relate ; and as regards Scotland
" the court " shall mean the Auditor of the
Court of Session.
NOTE. As to the words in sub-section (1), The
returning officer. As to who are to be returning
officers in England, see the preceding section,
pp. 211214, supra, and in Scotland and Ireland,
pp. 212 214, supra.
It should be observed that by sect. 30 the pro-
visions of sect. 29 apply equally to the acting
returning officer (r).
(r) See pp. 217218, infra.
ACTING RETURNING OFFICERS. 217
(other than a university election). As to re- Sect. 29.
turning officer at university elections, see pp. 364.
373, infra.
scale of maximum charges. This is the scale
referred to in sect. 29 (4). This scale has not, up
to the time of going to press, been prescribed.
properly rendered or incurred by him. Ser-
vices would be properly rendered and expenses
properly incurred by a returning officer if they
were rendered or incurred in the fulfilment or
course of his duties as returning officer.
As to the words in sub-section (2), regulations
made under this section. By sect. 29 (4) the
Treasury is empowered to make these regula-
tions, which have not, however, up to the time of
going to press, been issued.
the Court as defined by this section. See
sub-section (5) of this section.
As to the words in sub-section (5), the place of
nomination. As to this, see Ballot Act, 1872,
First Schedule, rules 1 , 2, pp. 682683, infra,
and sect. 32 of the present Act, pp. 222 223,
infra.
30. Except as herein provided the duties Discharge of
. returning
oi returning; omcer at parliamentary elec- officers' duties
* by an acting
tions (other than a university election) shall returning
be discharged by the registration officer as
acting returning officer, and the acting re-
turning officer shall have all the powers,
218 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - 30 - duties, rights and liabilities of the returning
officer under any enactments relating to
parliamentary elections, and those enact-
ments (including this Act) shall have effect
accordingly and the acting returning officer
shall have power to appoint deputies.
This section shall not apply to any duties
which the returning officer reserves to him-
self and undertakes to perform in person.
Any appointment of a deputy by the acting
returning officer shall be subject to the ap-
proval of the Local Government Board.
A returning officer at a parliamentary
election shall not, if all his duties are dis-
charged by the acting returning officer, be
disqualified by reason of being returning
officer for being a candidate at the election.
NOTE. Except as herein provided. These
words refer to the second paragraph of this
section, i.e. to the case where a returning officer
reserves to himself and undertakes to perform in
person the duties of returning officer.
(other than a university election). As to the
duties of returning officers at university elections,
see pp. 364371, 373382, infra.
the registration officer. See pp. 130 131,
supra.
This section shall not apply to any duties
which the returning officer reserves to himself
RETURNING AND ACTING RETURNING OFFICERS.
and undertakes to perform in person. The effect sect. so
of these words is to give the returning officer the
right to reserve to himself and undertake to per-
form in person all or some of the duties of a
returning officer, and in the event of his exer-
cising such right, the provisions of this section as
to the discharge of the returning officer's duties
by the acting returning officer have no applica-
tion to the duties so reserved.
A returning officer at a parliamentary elec-
tion shall not, if all his duties are discharged
by the acting returning officer, be disqualified
by reason of being returning officer for being a
candidate at the election. These words remove
from a returning officer, all of whose duties are
discharged by the acting returning officer, the
disqualification which previous to the passing of
this Act(w-) attached to a returning officer by
reason of his office. These words therefore also
remove the disqualification which formerly at-
tached to a sheriff from being a candidate for
the county or borough of which he was sheriff,
since this disqualification was the consequence,
not of his being sheriff, but returning officer (x\
Sect. 30 does not apply to Scotland, and in
lieu thereof sect. 43 (13)Q/) makes special pro-
vision as to Scotland.
(u) Thetford, 9 Journal, 725 ; Wal-efidd, B. & Aust. 295.
(JB) Rutland (1601), Dalton, 332; CoMs Case (1625), 2 White-
locke, 357; R. v. Owens (1859), 2 E. & E. 91 ; Tralee, 28 L. R.
Ir. 10.
(y) See pp. 321322, infra.
220
Sect. 30.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Since sect. 30 does not apply to Scotland, the
existing disqualification of returning officers from
being candidates at parliamentary elections (2) is
unaffected as regards Scotland.
Sect. 30 set out above has no application to
Ireland (a), and therefore, as in the case of Scot-
land, the existing disqualification of returning
officers from being candidates at parliamentary
elections continues. See pp. 212 214, supra, as
to returning officers and deputy returning officers
in Ireland.
Division of 31. ( 1) It shall be the duty of tKe council
constituency . ' .
into polling whose clerk is the registration officer for
districts, and
appointment any constituency or by whom the registra-
of polling J . * . j
places. tion omcer is appointed, as occasion requires,
to divide the constituency into polling dis-
tricts, and to appoint polling places for the
polling districts, in such manner as to give
to all electors in the constituency such rea-
sonable facilities for voting as are practicable
in the circumstances :
Provided that, before dividing any con-
stituency in the administrative county of
London into polling districts, the authority
therefor shall send a draft of any scheme for
that purpose to the London County Council,
and shall take into consideration any repre-
sentations made to them by that Council.
(z) Thttford, 9 Journal, 725 ; Wakefidd, B. & Aubt. 295.
(a) Sect. 44 (10), pp. 333334, infra.
POLLING DISTRICTS AND POLLING PLACES.
(2) If a local authority, or not less than sect. 31.
thirty electors, in a constituency make a
representation to the Local Government
Board that the polling districts or polling
places do not meet the reasonable require-
ments of the electors in the constituency, or
any body of electors, the Local Government
Board shall consider the representation, and
may, if they think fit, direct the council
whose duty it is to divide the constituency
into polling districts to make such altera-
tions as the Board think necessary in the
circumstances, and if the council fail to
make those alterations within a month after
the direction is given may themselves make
the alterations, and any alterations so made
shall have effect as if they had been made
by the council.
In this provision the expression " local
authority " means as respects any constitu-
ency the council of any county, borough,
urban or rural district, or parish wholly or
partly situate in the constituency, or the
parish meeting of any parish so situate where
there is no parish council.
(3) On the exercise of any powers given
by this section the council by whom the
powers are exercised shall send to the Local
Government Board a report, and publish in
the constituency a notice, showing the boun-
222 REPRESENTATION OF THE PEOPLE ACT, 1918.
sect. 31. daries of any polling districts or the situa-
tion of any polling places constituted as a
result of the exercise of the power.
(4) An election shall not be questioned by
reason of any non-compliance with the pro-
visions of this section or any informality
relative to polling districts or polling places.
(5) This section shall not apply to uni-
versity constituencies.
(6) Nothing in this section shall affect any
polling districts or polling places constituted
before the passing of this Act until occasion
arises for the exercise of the powers given
by this section.
NOTE. As to the words in sub-section (1), the
council whose clerk is the registration officer
for any constituency or by whom the registra-
tion officer is appointed, see sect. 12 (2) and (4),
pp. 130, 131, supra.
In its application to Scotland, sect. 31 is subject
to the provisions of sect. 43 (17), which is set out
at p. 323, infra.
In its application to Ireland, sect. 31 is to be
read subject to the modifications enacted in sect.
44 (9) (a), (b) and (c). See pp. 332333, infra.
piace of 32. The place of election shall be fixed
for each constituency (other than a univer-
sity constituency) by the returning officer,
and shall be
(a) if the constituency is a parliamentary
ELECTION EXPENSES. 223
borough, or a division of a parlia- sect. 32.
mentary borough, some place within
the borough ; and
(b) if the constituency is a parliamentary
county, or a division of a parlia-
mentary county, some place within
the county or within a parliamen-
tary borough adjoining the county.
NOTE. This section does not apply to Scot-
land, but by sect. 43 (16), set out at p. 323, infra,
the provisions of that sub-section are substituted
for sect. 32. Sect. 32 does not apply to Ire-
land (a).
, r ~
33. (1) The provisions set out in the scaieofeiec-
Fourth Schedule to this Act shall be sub- i
stituted for Part IV. and paragraph (3) of
Part Y. of the First Schedule to the Corrupt
and Illegal Practices Prevention Act, 1883
(which relate to the maximum scale of elec-
tion expenses), and that Act shall have effect
accordingly. 1
(2) Any candidate at a parliamentary
election 2 shall, subject to regulations of the
Postmaster-General, 2 be entitled to send, free
1 See pp. 224264, infra. 2 See p. 265, infra.
(a) See sect. 44 (10), pp. 333334, infra.
2'24 REPRESENTATION OF THE PEOPLE ACT, 1918.
sect. 33. of any charge for postage, to each registered
elector for the constituency, one postal com-
munication containing matter relating to
the election only, and not exceeding two
ounces in weight :
Provided that a candidate shall not be
entitled to exercise the right of free postage
conferred by this provision before he is duly
nominated, 3 unless he has given such security
as may be required by the Postmaster-
General for the payment of postage in case
he does not eventually become nominated.
For the purpose of this provision candi-
dates who are, under paragraph (4) of
Part V. of the First Schedule to the Corrupt
and Illegal Practices Prevention Act, 1883, 4
deemed to be joint candidates at an election
shall be treated as a single candidate.
NOTE. The First Schedule to the Corrupt and
Illegal Practices Act, 1883, with the substitutions
in Parts IV. and V. required by sub-sect. ( 1 )
above, is as follows (the provisions set out in the
Fourth Schedule to this Act, which contain these
substitutions, being printed in italics) :
" PART I. PERSONS LEGALLY EMPLOYED FOR
PAYMENT.
"(1.) One election agent and no more.
" (2.) In counties one deputy election agent (in
3 See pp. 265269, infra. 4 See pp. 229230, infra.
PERSONS LEGALLY EMPLOYED FOR PAYMENT.
this Act referred to as a sub-agent) to act within Sect. 33.
each polling district and no more.
u (3.) One polling agent in each polling station
and no more.
" (4. ) In a borough one clerk and one messenger,
or if the number of electors in the borough exceeds
five hundred, a number of clerks and messengers
not exceeding in number one clerk arid one mes-
senger for every complete five hundred electors
in the borough, and if there is a number of
electors over and above any complete five hundred
or complete five hundreds of electors, then one
clerk and one messenger may be employed for
such number, although not amounting to a com-
plete five hundred.
" (5.) In a county for the central committee room
one clerk and one messenger, or if the number of
electors in the county exceeds five thousand, then
a number of clerks and messengers not exceeding
in number one clerk and one messenger for every
complete five thousand electors in the county ;
and if there is a number of electors over and above
any complete five thousand or complete five thou-
sands of electors, then one clerk and one messenger
may be employed for such number, although not
amounting to a complete five thousand.
" (6.) In a county a number of clerks and mes-
sengers not exceeding in number one clerk and
one messenger for each polling district in the
county, or where the number of electors in a
polling district exceeds five hundred one clerk
and one messenger for every complete five hundred
F. 15
226 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. electors in the polling district, and if there is a
number of electors over and above any complete
five hundred or complete five hundreds of electors,
then one clerk and one messenger maybe employed
for such number, although not amounting to a
complete five hundred : Provided always, that the
number of clerks and messengers so allowed in
any county may be employed in any polling
district where their services may be required.
* " (7.) Any such paid election agent, sub-agent,
polling agent, clerk, and messenger may or may
not be an elector, but may not vote.*
f " (8.) In the case of the boroughs of East Ret-
ford, Shoreham, Cricklade, Much Wenlock, and
Aylesbury, the provisions of this part of this
schedule shall apply as if such borough were a
county, t
"PART II. LEGAL EXPENSES IN ADDITION TO
EXPENSES UNDER PART I.
J " (1 .) Sums paid to the returning officer for his
charges not exceeding the amount authorised by
the Act 38 & 39 Viet. c. 84. {
." (2.) The personal expenses of the candidate.
"(3.) The expenses of printing, the expenses
* This paragraph is repealed by sect. 9 (4) (p. 115, supra),
sect. 47 (1) (p. 337, infra), and the Eighth Schedule (p. 398, infra)
ofjjthe present Act.
t By virtue of the Redistribution of Seats Act, 1885, s. 2 and
First Schedule, Part I., these boroughs have ceased to exist, and
although that Act has been repealed by the present Act, these
boroughs have not been granted separate representation under the
redistribution effected by the present Act.
| -$ This paragraph is repealed by the present Act. See sect. 47 (1 ),
p. 337, and Eighth Schedule, p. 398, infra.
ELECTION EXPENSES. 227
of advertising, and the expenses of publishing, sect. 33.
issuing, and distributing addresses and notices.
"(4.) The expenses of stationery, messages,
postage, and telegrams.
" (5.) The expenses of holding public meetings.
"(6.) In a borough the expenses of one com-
mittee room, and if the number of electors in the
borough exceeds five hundred then of a number
of committee rooms not exceeding the number
of one committee room for every complete five
hundred electors in the borough, and if there is
a number of electors over and above any com-
plete five hundred or complete five hundreds of
electors, then of one committee room for such
number, although not amounting to a complete
five hundred.
"(7.) In a county the expenses of a central
committee room, and in addition of a number of
committee rooms not exceeding in number one
committee room for each polling district in the
county, and where the number of electors in a
polling district exceeds five hundred one addi-
tional committee room may be hired for every
complete five hundred electors in such polling
district over and above the first five hundred.
* .
" PART III. MAXIMUM FOR MISCELLANEOUS
MATTERS.
" Expenses in respect of miscellaneous matters
other than those mentioned in. Part I. and Part II.
of this schedule not exceeding in the whole the
maximum amount of two hundred pounds, so
15(2)
228 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. nevertheless that such expenses are not incurred
in respect of any matter or in any manner con-
stituting an offence under this or any other Act,
or in respect of any matter or thing, payment
for which is expressly prohibited by this or any
other Act.
"PART IV. MAXIMUM SCALE.
" The expenses mentioned above in Parts 1., II. ,
and III. of this schedule, other than personal expenses
and the fee, if any, paid to the election agent (not
exceeding in the case of a county election seventy-five
pounds and in the case of a borough election (c) fifty
pounds , without reckoning for the purposes of that
limit any part of the fee which may have been included
in the expenses first above mentioned) shall not exceed
an amount equal
in the case of a county election, to sevenpence for
each elector on the register ;
in the case of an election for a borough, to fivepence
for each elector on the register (d).
" PART V. GENERAL.
* " (1.) In the case of the boroughs of East Ret-
ford, Shoreham, Cricklade, Much Wenlock, and
Aylesbury, the provisions 'of Parts II., III.
and IV. of this schedule shall apply as if such
borough were a county.*
"(2.) For the purposes of this schedule the
(c) The words "borough election" would appear to include an
election for a university constituency. See p. 281, infra.
(d] These words in italics are part of the Fourth Schedule to the
present Act, set out at p. 363, infra. See sect. 33 (1), p. 223, supra.
* See footnote (f ) on p. 226, supra.
ELECTION EXPENSES.
number of electors shall be taken according to Sect. 33.
the enumeration of the electors in the register of
electors.
" (3.) Where there are two or more joint candidates
at an election the maximum amount of expenses men-
tioned in Parts III. and IV. of this schedule shall,
for each of the joint candidates, be the amount pro-
duced by multiplying a single candidates maximum
by one-and-a-half and dividing the result by the number
of joint candidates (f).
"(4.) Where the same election agent is ap-
pointed by or on behalf of two or more candidates
at an election, or where two or more candidates,
by themselves or any agent or agents, hire or use
the same committee rooms for such election, or
employ or use the services of the same sub-agents,
clerks, messengers, or polling agents at such elec-
tion, or publish a joint address or joint circular
or notice at such election, those candidates shall
be deemed for the purposes of this enactment to
be joint candidates at such election.
u Provided that
u (a) The employment and use of the same
committee room, sub-agent, clerk,
messenger, or polling agent, if acci-
dental or casual, or of a trivial and
unimportant character, shall not be
deemed of itself to constitute persons
joint candidates.
" (b) Nothing in this enactment shall prevent
candidates from ceasing to be joint
candidates.
(/) See footnote (d) on preceding page.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. " (c) Where any excess of expenses above the
maximum allowed for one of two or
more joint candidates has arisen owing
to his having ceased to be a joint
candidate, or to his having become a
joint candidate after having begun to
conduct his election as a separate can-
didate, and such ceasing or beginning
was in good faith, and such excess is
not more than under the circumstances
is reasonable, and the total expenses
of such candidate do not exceed the
maximum amount allowed for a sepa-
rate candidate, such excess shall be
deemed to have arisen from a rea-
sonable cause within the meaning of
the enactments respecting the allow-
. ance by the High Court or election
court of an exception (/) from the pro-
visions of this Act which would other-
wise make an act an illegal practice,
and the candidate and his election
agent may be relieved accordingly
from the consequences of having in-
curred such excess of expenses."
In order to understand the meaning and effect
of sect. 33 of the present Act and the First
Schedule to the Corrupt and Illegal Practices
Act, 1883, as altered by such section, it is neces-
(/) See sect. 23 of the Corrupt and Illegal Practices Act, 1883,
under which the Court has power to except an expenditure in
excess of the maximum from being an illegal practice.
ELECTION EXPENSES. 231
sary to notice sect. 8 of the Corrupt and Illegal sect. 33.
Practices Act, 1883, which is as follows :
"(1.) Subject to such exception (g) as may be
allowed in pursuance of this Act, no sum shall be
paid and no expense shall be incurred by a can-
didate at an election or his election agent, whether
before, during, or after an election, on account of
or in respect of the conduct or management of
such election, in excess of any maximum amount
in that behalf specified in the First Schedule to
this Act.
"(2.) Any candidate or election agent who
knowingly acts in contravention of this section
shall be guilty of an illegal practice/'
Sect. 33 of the present Act deals with the maxi-
mum amount which a candidate is allowed to
spend on election expenses by referring to the
First Schedule to the Corrupt and Illegal Prac-
tices Act, 1883, and incorporating in that Schedule
certain new provisions in substitution for existing
provisions therein. For the sake of completeness
and clearness it may be useful to deal generally
in the present Note with the subject-matter of
that Schedule.
The maximum amount which a candidate at a
parliamentary election can legally spend must be
calculated according to the scale set forth in
Part IV. (as altered (h) by the present Act) of the
First Schedule to the Corrupt Practices Act, 1883,
which is set out on p. 228 above.
The expenses in respect of which this maximum
(g] See sect. 23 of the Corrupt and Illegal Practices Act, 1883.
(//) See sect. 33 (1) of the present Act, p. 223, supra.
232 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 38. amount can be legally incurred are those men-
tioned in Parts I., II. and III.(^). excluding from
such maximum amount personal expenses (A), the
additional fee if any paid to the election agent (i \
and the expenses of conveying voters by sea in
order to reach the polling place if such conveyance
is necessary (/).
It should be remembered that the amount not
exceeding 200/. allowed under the heading of
miscellaneous expenses in Part III. (k) of the First
Schedule to the Corrupt Practices Act, 1883, must
be reckoned as part of the maximum amount cal-
culated according to the scale in Part IV. (7).
The personal expenses which are allowed to be
excluded from the maximum amount are " per-
sonal expenses incurred by him (the candidate)
on account of or in connexion with or incidental
to (the) election to an amount not exceeding one
hundred pounds " (m).
The additional fee, if any, paid to the election
agent, apart from any fee included in the expenses
mentioned in Parts I., II. and III. (g] of the First
Schedule, must not exceed in the case of a county
election 75/., and in the case of a borough election
50/. (/).
As to Part I. of the First Schedule to the Corrupt
Practices Act, 1883 (set out at pp. 224226,
() Set out on pp. 224 228, supra.
(A) Part H. (2) and Part IV. of First Schedule to Corrupt Prac-
tices Act, 1883, set out on pp. 226 and 228, supra.
(t) Part IV., p. 228, supra.
(V ) Corrupt Practices Act, 1883, s. 48.
(k) Set out on pp. 227228, supra.
(1} See Part IV. set out at p. 228, supra,
(m) Corrupt Practices Act, 1883, s. 31 (1) ; see also ibid. s. 64.
PERSONS LEGALLY EMPLOYED FOR PAYMENT. 233
supra), u Persons legally employed for payment" Sect. 33.
In addition to the persons here referred to, a
candidate may legally employ any person whose
employment arises in consequence of the candi-
date incurring any of the expenses authorised
(1) under Part II. (> of the First Schedule to the
Corrupt Practices Act, 1883, unless such employ-
ment is otherwise prohibited, or (2) under sect. 48
of that Act in the conveyance of voters by sea in
the cases specified in such section.
Where a county or borough is divided, each
division is considered a separate constituency (0).
If the candidate employs any person for
payment other than those mentioned above,
he is guilty of an illegal practice (j), and if
elected his election will be void (q). Further, on
summary conviction he is liable to a fine of
100/. (r), and if reported guilty by an election
court is incapable for seven years of being
elected to or sitting in the House of Commons
for the county or borough within which the illegal
practice has been committed (q\ and in both
cases (q) he is also incapable for five years of
being registered as an elector, or voting at any
parliamentary election, or election for a public
office (s), held for or within the county or borough
() Set out on pp. 226227, supra.
() Sect. 37 (1) (2), and sect. 41 (l),pp. 282 and 305 respectively.
(p) Corrupt Practices Act, 1883, s. 21 (2).
(q) Ibid. 8. 11.
(r] Ibid. 68. 10, 43 (4).
(s) Ibid. s. 64.
234 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. within which the illegal practice has been com-
mitted.
Where a person is primarily employed in one
capacity he is not prohibited from doing work in
another capacity, provided that the employment
is not a device for evading the Corrupt Practices
Act. Thus, in Elgin and Nairn (t) it was proved
that M. had been appointed one of the respondent's
polling agents, and had been paid seventeen guineas
for his services. M. was acquainted with most of
the voters in the district, and he admitted that
both on the polling day and previous to it he had
urged voters to vote. Counsel contended that M.
was substantially a sub-agent, and that his appoint-
ment was a breach of sect. 17 of the Act of 1883.
The Court decided against this contention, and in
giving judgment Lord McLaren said (u) : "The
objection is, not that the total number of salaried
agents authorised by the statute was exceeded,
but that while, ex facie of the letters of appoint-
ment, Mr. Gr. had no more agents of the various
classes than the statute authorised, yet the per-
sons were employed and paid nominally in one
capacity, but with the intention, arid, I suppose,
under contract, that they should render services
in another capacity. Now, the enactment that is
said to have been violated is sect. 17 of the Act
of 1883, and that section prohibits the engage-
ment or the employment for payment for any
purpose or in any capacity, except for any pur-
(0 (1895), 50. &H. 13, 14.
() Ibid, at pp. 13, 14, 15.
PERSONS LEGALLY EMPLOYED FOK PAYMENT.
235
poses or capacities mentioned in the First and
Second Schedules thereof ; the persons who may
be employed as enumerated in the Schedule are
an election agent, who has the supervision of the
candidate's affairs generally, and then for each
district there may be a sub-agent, a polling agent,
a clerk, and a messenger. The duties of these
officers are not very strictly defined. I do not
think there is any definition of the duties of a
sub-agent, but it sufficiently appears that he is a
person through whom payments may be made at
the request of the principal agent. In all other
respects his agency seems to be perfectly general
... a polling agent is a person who is to repre-
sent a candidate in the polling booth to detect
personation. . . . The general and leading pur-
pose, I think, of sect. 17 is to keep down expen-
diture by prohibiting the employment of a larger
number of persons than are mentioned in the
Schedule. It may very well be that the clause
would also prohibit the employment for money
of an agent to perform additional duties to those
which are indicated by his name or by his descrip-
tion ; but in order to invalidate an election because
an agent has performed duties additional to those
for which he is expressly engaged, it would be
necessary, at least, that we should have a case
very clearly proved ; and it is evident that it
would always be extremely difficult to establish
a case of that description of colourable employ-
ment of a man in one capacity, in order that he
might perform duties in another capacity . . .
Sect. 33.
236 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. as I read the Election Acts, the employe is in no
way inhibited from using his personal exertions
as an elector to influence the votes of other elec-
tors ; nor, so far as I see, is there any restriction
on the right of a paid agent or officer to render
services to the candidate such as he may think
fitting, except that he cannot be employed in the
payment of election expenses unless he is the
sub-agent."
In Lichfield(x) Pollock, B., said : " It was fairly
admitted by counsel that some of the persons who
were employed as clerks had acted as canvassers.
The question, therefore, is whether that was done
honestly or was culpable. It is not because a
man, who is employed to act as a clerk for only
part of the day, or for some possibly trivial or
small matters, such as the directing of envelopes,
or what-not ; it is not because he occupies that
time which is his own that he is to be robbed of
the ordinary right of a citizen to go about and
take an interest in an election where he cares for
the politics involved, and to canvass. The ques-
tion, therefore, in this case, as in others, is : Was
there a canvassing either by the direct direction
of the sitting member or his agent, or by their
knowledge, in the sense that they not merely
knew that there was canvassing done, in fact,
. . . but that the canvassing was such that the
fair assumption would be that it was illegal ? As
to that I entirely agree with the judgment in the
Elgin case(^)."
(x) (1895), 5 0. & H. at pp. 28, 29. (//) Ibid. p. 13.
PERSONS LEGALLY EMPLOYED FOR PAYMENT.
Where persons are bon& fide employed in a Sect 33.
manner not forbidden by the law, e.g. to take out
and deliver bills, this will not make them mes-
sengers. On the other hand, if their employ-
ment in regard to the bills is a mere device to
evade the provisions of the Corrupt Practices Act
as to the number of messengers who may be em-
ployed, the employment would be illegal. The
same observations apply to the employment of
persons who are legally employed for any pur-
pose, and who happen to be employed to do the
copying work. This does not make them clerks
unless the employment is colourable, and for the
purpose of evading the Act.
In the words of Cave, J., in Pontefract (#) :
" The number of clerks, that is to say, the persons
who attend upon the committee, is limited. The
number of messengers who are supposed to go on
messages from one committee room to another,
or to fetch a particular individual who happens to
be wanted, is also limited. On the other hand,
mere clerical work has not in every case to be
done by clerks ; but obviously, if they have other
duties, you may employ persons who give them-
selves out for doing clerical work to do it, and
the mere fact that they are employed to do
clerical work, writing addresses, cbpying out
documents, or things of that kind, does not at
all, in my judgment, necessarily make them clerks ;
nor again, if other persons are employed to take
out and deliver bills, does that make them, in my
(z) (1893), Day's Election Cases, pp. 129, 130.
238
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33.
Canvassing,
handbills,
addresses,
and notices.
judgment, messengers. In both these cases, no
doubt, if there is only colourable employment of
these people, if there is an intention of evading
the Act, it would bring the offender at once
within its provisions."
In Stepney Division (a\ in the recriminatory
case, it was proved that about twenty men were
employed by the petitioner's agent to distribute
on the polling day in the neighbourhood of the
polling stations handbills, twelve inches long by
eight inches broad, headed, " Stepney Election,
Thursday, November 26. From 8 a.m. to 8 p.m.
Facts worth remembering at the poll." Then
followed six paragraphs containing certain state-
ments about the qualifications of the petitioner to
be elected, and concluding thus : " Mr. I. will be
the winning candidate if his friends will poll
early and mark their voting papers thus." Then
followed a copy of the ballot paper with the
respondent's name in very small letters, and the
petitioner's name in very large letters, with a X
after it. Denman, J., said that these bills would
be most appropriately described as " canvassing
handbills," but the judges were divided in opinion
as to whether it was an illegal practice or expense
to distribute bills of this kind.
In B 'arrow-in- Fur ness (#), the respondent and his
agent had incurred expense and employed people
in distributing, posting, or printing documents,
which included a letter written by a distinguished
(a) (1886), 4 0. & H. 52.
(fe) Ibid. 76.
PERSONS LEGALLY EMPLOYED FOR PAYMENT. 239
statesman to an alderman of the borough and Sect - 33 -
notices " Vote for Duncan" ; and the Court, having
regard to other parts of the Corrupt Practices Act,
1883, such as sect. 18, held that such expense
was not illegal, and that such documents were
" addresses and notices " under Part II. of the
First Schedule. The Court intimated, however,
that offensive pictures and statements might be
illegal.
In Finsbury(c) counsel for the petitioner ob- Billposters.
jected to the votes of two persons as having been
employed by the respondent as bill-posters. It
appeared that the men carried on business as bill-
posters, and contracted with the respondent to
post bills on his behalf . Cave, J., said(J): "If
the work is of a kind, which can be done for
both parties it does not disqualify. These men
were not engaged in an employment requiring
personal service, and which, therefore, could not
be rendered to both sides at the same time. They
were bill-posters, and were not bound to go and
post bills with their own hands. They might post
them themselves if they liked, or might employ
men, as they in fact did, to post them. It is all
a question for the contractor how he will fulfil
his contract, and he is not bound to abstain from
posting the bills himself if he likes to do so."
Vaughan Williams, J., said(: " ID 30 & 31
Viet. c. 102, s. 11, the disqualifying words are
(c) (1892), 4 0. & H. 176.
(d) Ibid. 177.
() Ibid.
canvassers.
240 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. i agent, canvasser, clerk, messenger, or other
like employment.' That means an employment
ejusdem generis, and I do not think these gentlemen
were employed in any employment of that kind."
Payment of The payment of canvassers is an illegal pay-
ment, and if, under the guise of canvassing for
registration, men are sent out by the candidate,
his election agent, or sub-agent, to canvass for
the election and are paid for such canvassing, this
would be an illegal practice, which would con-
sequently make the election void(/).
In Rochester (g) Cave, J., said: u No less than
300 persons of the lower class of voters have been
employed going about with what purports to be a
canvassing book, but which appears to have been
employed for registration purposes. If they were
all paid at 5s., as, admittedly, the man Knight
was paid, if they did no more work than Knight
did, I should have very little hesitation in coming
to the conclusion that the whole of that employ-
ment was collusive, and that that was a case of
bribery on a very extensive scale. Fortunately
for the respondent, that is not the way in which
it was put before us in the particulars."
No illegal act is committed, however, if there-
is only that species of canvassing which is con-
nected with registration, and not that kind of
canvassing which attends upon an election (Ji).
(/) Per Cave, J., in Stepney (Borough] (1892), Day's Election
Cases, 119. See also p. 236, supra.
(g) (1892), Day's Election Cases, 102103.
(A) Per Cave, J., in Stepney (Borough] (1892), Day's Election
Cases, 119.
PERSONS LEGALLY EMPLOYED FOR PAYMENT.
In Ipswich (i) it was held illegal to hire persons sect. 33.
to keep order at meetings. On the other hand, Employment
. i , i i i i f persons to
there can be no objection to the employment keep order,
of unpaid volunteers to put down disturbances,
and where any serious disorder is apprehended it
may be a wise proceeding to swear in such volun-
teers as special constables " ().
" If a man were so obnoxious to his fellows
that they could not resist the desire to fall upon
him and do him an injury whenever they met
him, even if it were at a public meeting at which
they would otherwise have behaved themselves
in an orderly manner, he would not be guilty of
an illegal practice if he were to pay men to
protect him "(7).
In Barrow-in-Furness(m} it was proved that at Payment may
11,11- be in kind.
a meeting summoned by the election agent ior
the respondent, at which about 400 persons were
present, it was agreed, with the sanction of the
respondent and the election agent, to provide
refreshments on the polling day, at the expense
of the respondent, to 441 persons who were
designated " workers," and who were to take an
active part in the election on behalf of the respon-
dent. Of the persons who partook of the re-
freshment 226 were voters. The refreshments
consisted of a pork pie, a sandwich, and a cup of
coffee for each person, and were distributed in
the various committee rooms.
(i) (1886), 4 0. & H. 74.
(k) Ibid, per Cave, J.
(Z) Ibid. 72, 73.
(m) Ibid. 78, 79.
F. 16
243 REPRESENTATION OF THE PEOPLE ACT, 1918.
sectjss. The Court held that there had been illegal
payment within the meaning of sect. IT of the
Corrupt Practices Act, and, as the employment
was by the respondent and his election agent,
that there had been an illegal practice, and the
election was therefore declared void.
As to Parts II. and III. (m) of the First Schedule
to the Corrupt Practices Act, 1883, and the general
principles as to what constitute election expenses. As
was indicated above (w), the First Schedule to the
Corrupt arid Illegal Practices Act, 1883, must be
read with sect. 8 (o) of that Act. In that section
occur the words, " expenses incurred on account
of or in respect of the conduct or management of
such election."
What, then, do these words include ? First, in
order to understand their meaning, it is necessary
to know when the election begins and when it
ends.
As to the question When does the election
begin ? the Courts have consistently refused to
lay down any definite rule on the point. Each
case must be considered with reference to its par-
ticular circumstances (p). The Court will take into
consideration the whole of the facts, the nature,
extent, and amount of the work done, and of the
expenses incurred ; the question how far the
operations of the candidate were continuous up
(ni) Set out on pp. 226228, supra.
(n) See pp. 230231, supra.
(o) Set out at p. 231, supra.
(p) See the observations of Lawrance, J., and Pickford, J., in
East Dorset (1910), 6 0. & H. at pp. 39, 40, and pp. 49, 50, respec-
tively.
WHEN DOES THE ELECTION BEGIN ? 243
to the election or were intermittent ; and, above Sect. 38.
all, whether the evidence goes to show that every-
thing has been done in good faith, or whether,
on the other hand, it shows an attempt to evade
the Corrupt Practices Act.
"It is impossible to say that only those expenses
are to be returned which are incurred after the
writ is issued. The time which elapses in many
cases between the issue of the writ and the date
of the election (q) is too short to admit of the neces-
sary preparations being made for conducting the .
election, and it is absolutely essential that pre-
parations of that kind should be begun and
expenses should be incurred in anticipation of
the issue of the writ. There is nothing in the
Act which forbids expenses being incurred before
the issue of the writ ; there is nothing in the Act
which forbids the candidate to incur such expenses.
The Act, no doubt, requires that they should be
paid by the election agent, and so long as they
are paid by the election agent it does not re-
quire that they should in all cases be incurred
by him" (r).
" For some reason, good or bad," said Lord
Kyllachy in Elgin and Nairn (s\ u the Legislature
has confined the enactment to expenses which can
be attributed to the i conduct and management of
the election ' ; and these words, as it seems to me,
at least suggest and contemplate an election, which
is not in nubibus, but is reasonably imminent. . . .
(q) See pp. 179 180, supra. v
(r) Per Cave, J., in Rochester (1892), 5 0. & H. at p. 159.
() (1895), 5 0. & H. at pp. 10, 12.
16(2)
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. Accordingly, while I think that the Act indicates
plainly enough the kind of period which it con-
templates, it contains nothing in the shape of
hard-and-fast definition ; and, that being so, I
apprehend the result is that it is left to us, as
election judges, and it becomes our duty, to con-
sider each case with respect to its own facts, and
to say in each case whether or not special circum-
stances exist requiring us to hold that the election
began prior to what I may call the normal period.
In considering that question I apprehend we are
to have regard to the whole facts the nature of
the work done, and of the expenses incurred ; the
extent and amount of that work, and of those
expenses ; the question how far the operations of
the candidate were continuous up to the election
or were intermittent, taking the shape merely of
periodical visits to the constituency. Above all,
we are, I apprehend, to have regard to this,
whether we have before us evidence of any at-
tempt to evade the Act evidence, for example,
of profuse expenditure purposely antedated, so as
to escape the Act ; or whether, on the other hand,
everything appears to have been done in good
faith, and in ordinary course, the pre-election
operations and pre-election expenditure being on
the whole fair and reasonable that is to say, fair
and reasonable, having regard to the position of
the candidate and the character of the con-
stituency."
In the same case, Lord McLaren said (r) :
Conduct or management of such election '
(r) (1895), 5 0. & H. at pp. 5, 6.
u i
WHEN DOES THE ELECTION BEGIN ? 245
means a definite election within the knowledge Sec *- 33.^
and contemplation of the parties who are engaged
in conducting and managing it. ... Again, there
may be a case of an unexpected death vacancy,
where an election could not be in the thoughts of
the people, until the vacancy occurred ; but there
may be intermediate cases, and the late general
election sufficiently illustrates my meaning the
case where there is a vote in the House of Com-
mons adverse to the Ministry, and where from the
moment when that vote is announced everyone is
looking forward to a dissolution of Parliament,
with a view to determining whether the Govern-
ment of the day is to continue to enjoy the
confidence of the country. 1 should certainly
hold that from that time the election had begun
in the sense of the sections we are considering.
I do not say that it may not be begun at an
even earlier period. If, for example, a candidate,
not proceeding upon any public and patent facts,
but trusting to his own political sagacity and
looking round the political horizon, thinks that
an election is imminent, and proceeds to institute
what is called a canvass of the constituency, which
he continues without intermission down to the
election, it may very well be that in such a case
his own judgment as to when it is necessary to
attend to his electoral interests shall be taken as
fixing the commencement of that particular elec-
tion. I think I have said enough to indicate that ,
in the view of the statute which I adopt, it is
impossible to lay down any definite term or to
246 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect.jss. deal with this otherwise than as a question of fact
in which the general political history of the period
and the conduct of the individual candidate are
both to be taken into account."
In a subsequent case, Pollock, B., said (5), after
referring to this judgment: "I entirely agree
with Lord McLaren when he said that what is
meant by an election is a definite election within
the knowledge and contemplation of the par-
ties "
"I think," said Hawkins, J., in Walsall(t),
" the limit of time to which we ought to apply
our minds is a period commencing from the time
when it was first known that the respondent
announced his intention to present himself as
a candidate for election at the next ensuing
election."
" As soon as a candidate begins to hold meet-
ings in the constituency to advance his candi-
daturein other words, as soon as he begins to
take measures to promote the election the elec-
tion commences. ... I therefore hold," said
Bruce, J., in Lichfield(u\ " that the expenses of
that meeting, and the expenses incurred after
that date to promote Mr. F.'s candidature, were
election expenses, and that there was a neglect
to comply with the requirements of the statute in
not returning those expenses."
(a) Lichfield (1895), 6 0. & H. at p. 35.
(0 (1892), 4 O. &H. at p. 125; approved by Pollock, B., in
Lichfield (1895), 5 0. & H. p. 36.
(u) (1895), 5 O. & H. at pp. 37, 38.
WHEN DOES THE ELECTION BEGIN ? 247
In Lancaster (x), a year later, Pollock, B., said : Sect. 83.
"I must say, with all who have gone before
me, in giving judgment upon this point, the
statute does not state when the election begins.
It says many things as to the appointment of an
agent and the incurring of election expenses,
which might point, with the words ' or manage-
ment of the election,' to this meaning that the
election did not commence until there was an
actual election, and an election agent actually
appointed ; but the judges have not accepted that
construction. The judges have very properly re-
jected it, and they have said, i We can go behind
that and start from an earlier date ? ; but still it
is entirely a matter, I will not say of discretion,
but of sound judgment, to say how far you may
go back. . . . Now, I want to say one word about
the case we had before us the other day at Lich-
field, because we found there that the election
had commenced at some period many weeks, at
any rate, before the election itself. But we found
that fact because a person who was an absolute
stranger to the district, who lived at a distance,
but who had a considerable command of money,
commenced his connection with the district by
sending forward an agent, by providing large
inordinate sums of money to one or two political
institutions and clubs, by running a newspaper,
and more than one newspaper, at his own expense,
and then, when that had been so for a certain
time, coming himself and saying, i I am your
(x) (1896), 5 0. & H. at pp. 45, 46.
248 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. candidate.' I hold, and I should always hold,
when a man puts himself in that position, although
it may be some time before the election, that he
cannot be heard to say that the election has not
begun."
In the same case (y) Bruce, J., laid down the
law as follows :
" No definition and no definite rule can be laid
down as to the time when an election begins.
The Legislature has not fixed any definite period,
and I think it is not for the judges to attempt to
lay down a general definition which the Legis-
lature has carefully avoided doing. I conceive
that Lord Kyllachy, in the late Scotch case, Elgin
and Nairn (#), laid down the true rule when he
said, * I apprehend that the result is that it is left
to us as election judges, and it becomes our duty,
to consider each case with respect to its own facts,
and to say in each* case whether or not special cir-
cumstances exist requiring us to hold that the
election began prior to what I may call the
normal period'; and so Lord McLaren says, i It
is im possible to lay down any definite term or to
deal with this otherwise than as a question of fact,
in which the general political history of the period
and the conduct of the individual candidate are
both to be taken into account.' And so Haw-
kins, J., in the Walsall case (a), ' The commence-
ment of agency must be determined in each case
(y) (1896), 5 0. & H. at pp. 60, 51.
() (1895), 5 0. & H. at p. 12.
(a) (1892), 4 O. & H. at p. 125.
WHEN DOES THE ELECTION BEGIN ? 249
by the particular circumstances of the case.' . . . Sect. 33.
But the limit of time is not the only question to
be considered. Even after a person has become
a candidate, he is only liable to return expenses
incurred in the conduct or management of the
election. The question of the time of the com-
mencement of the candidature is only one element
to be considered."
In East Dorset (b\ Pickford, J., when dealing
with the question of election expenses, said :
" That depends upon when did the election begin,
and what was the nature of the expenses ? I
have done my best ... to find some principle
that could be laid down ; but I do not think it is
possible to find one, and I find myself bound to
say, as the other judges have said in many other
cases, that we must look to the facts of the par-
ticular case. When you once get beyond what
was suggested by a learned judge (c), that you must
look at the date of the issue of the writ and the
appointment of the election agent when you
once get past that (and that has been rejected
over and over again) it must be a question of fact
and degree in every case."
" To my mind," said Cave, J., in Norwich(d\
41 there is a great distinction between the expenses
of getting a candidate and the expense of pro-
moting his election after you have got him. If
the primary and direct and real object is to get a
candidate, I think that the expenses incurred in
(6) (1910), 60. & H at p. 49.
(c) See the observations of Grantham, J., in Great Yarmouth
(1906), 50. &H. at p. 193.
(d) Norwich (1886), 4 0. & H. at p. 85.
250
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. so doing are not within the Act, although indi-
rectly they may promote the interests of the
party. If the nominal object is to get a candi-
date, but the real object is to promote the election
of the individual candidate, then I should say it
would be within the Act."
In the same case, Denman, J., said (d) : " Ac-
cording to my view, these expenses for the meet-
ing were not really in substance expenses incurred
in the conduct or management of that election ;
they were expenses incurred in order to induce a
particular person to become a candidate, and the
two things are, in my judgment, totally distinct.
I think, therefore, that, until the respondent had
consented to become a candidate, the payment
was not a payment on his behalf."
Whether As to the question whether the expenses of
expenses of . . ,
public meet- public meetings (e) and political lectures are elec-
ticai lectures" tion expenses, and therefore ought to be included in
tn ^ return, the judgment of the Court in Hagger-
ston(f) showed that this is a question of fact which
must always depend on the particular circum-
stances of each case, If the meeting in question
was called with the direct object of advancing
the election of the candidate, and not merely for
the purpose of advancing political principles, then
the expenses of the meeting would be election
expenses.
(d) Norwich (1886), 4 O. & H. at p. 86.
() By sect, 34 of the present Act (see pp. 269270, infra],
expenses of public meetings for the purpose of promoting or pro-
curing the election of a candidate must be authorised in writing by
the election agent and returned as election expenses.
(/) (1896), 5 0. & H. at p. 72.
EXPENSES OF PUBLIC MEETINGS.
In the case just mentioned (g) the election took Sect. S3
place on July 17th, 1895. The respondent ad-
mitted that he became a candidate on November
17th, 1892. The legal maximum of expenses
was 500, and the respondent returned an expen-
diture of 319. Expenses had been incurred
between 1892 and the date of the election by the
Haggerston Unionist Council, of which the re-
spondent was president, in organising meetings
and lectures, the payment of officers, and pay-
ments on account of illustrated almanacs con-
taining matter in support of the respondent's
candidature, pamphlets containing his speeches,
pledge cards and portrait cards, &c. It was
contended that these expenses were election ex-
penses, and that they would make the respon-
dent's election expenses above the legal maxi-
mum.
As to the expense in respect of the public
meetings, Bruce, J.(A)> said :
" Of course, public meetings cannot be held
without expense, but in my opinion the expenses
of such meetings are not election expenses, unless
the meetings are in some way connected with the
election of the candidate. A meeting that is
called for general political purposes does not, I
think, become an election meeting, merely because
a candidate attends it, nor even because some
allusions are made to his candidature. Every
meeting of any kind that a candidate attends may
() Ibid, at p. 69.
(h] Ibid.
252 REPRESENTATION OF THE PEOPLE ACT, 1918.
33. have the effect of increasing his popularity and
making him better known to the electors, but
incidental matters of that kind do not alter the
character as regards the expense of the meetings.
In each case it must be a question of fact whether
the main object of the meeting is to promote the
election of the candidate. The lectures in 1893,
about which we have heard so much, were, no
doubt, of a political character, but they were
lectures to advance political principles ; and I
think it would be most mischievous to hold that
the expenses of such lectures should be regarded
as election expenses. If a candidate opens a
bazaar, or lays a foundation stone, or takes the
chair at a charity meeting, he may by so doing
indirectly tend to promote his election, but the
expenses attending such meetings, or the expenses
of the candidate attending them, are not to be
considered as election expenses. The line must
be drawn between meetings called with the direct
object of advancing the election of the candidate
and meetings called for another object, from
attendance at which the candidate only derives
some indirect or remote advantage."
In the same case(e') Wright, J., laid down the
law as follows :
" The giving of lectures for what has here been
called the education of the constituency is not at
all necessarily an expense on account of the elec-
tion, or an election expense. We think it would
be unduly confining the methods of political work
(t) Norwich (1886), 4 O. & H. at p. 70.
EXPENSES ON ACCOUNT OF PAMPHLETS, ETC. 253
and political enlightenment in this country, if we Sect. 33.
were to attempt to lay down any such general
rule as that lectures, even though given with a
view of advancing the prospects of a particular
candidate, are necessarily election expenses ; we
think that must depend upon the circumstances
in each case."
As regards the other matters in question,
Wright, J., said(&):-
" The illustrated almanacs containing the
matters which they did in support of Mr. L.
(the candidate) personally, the pamphlets con-
taining his speeches, certainly the pledge . cards,
and I think the portrait cards and to some extent
the boards, were all matters which were expendi-
ture on account of the election, and, in so far as
they ought in law to have been held to be expen-
diture made by Mr. L. (the candidate), ought to
have been included in his return."
In Great Yarmouth (1} Channell, J., said:
" Now it seems to me that there are two classes
of expenditure which a candidate almost invari-
ably does incur, and which he begins to incur
from the time, at any rate, when he is announced
as a candidate. First of all there is a class of
expenses incurred in promoting and disseminating
the political opinions of the party to which he
belongs, and in holding meetings for the purpose
of delivering speeches upon this or that subject
which the party politicians have taken up, or
(&) Ibid.
(1} (1906), 5 0. & H. at p. 189.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. which they take up in answer to what their
opponents are taking up. Expenses must be in-
curred in that way by an intending candidate,
and a candidate who comes down and makes
speeches in support of what are supposed to be
the principles of his party is incurring expenses
and incurring those expenses with reference to
his future election, because he hopes if he can
establish the principles of his party to be in a
majority in the constituency, so that when he
comes to be the actual candidate he will get
elected, and so of course he is doing it with
reference to his own position as candidate, and
in reference to his own election. But in my
opinion those expenses, if they can be identified
as being in reference to the political views of his
party, are not expenses ' in respect of the conduct
and management of his election.' '
Expenses of In the case last cited Channell, J., after dealing
oonstitu- g 3 with the class of expenses referred to in the passage
quoted above, said(m):
" Then there is another class of expenses which
is much more doubtful but which always occurs,
and that is this, the expenses which a candidate
incurs for the purpose of making himself personally
popular. There is an expression which is some-
times used in these cases and one has to use the
slang expressions in these cases and that is
' nursing a constituency.' Now that class of
expenses is not, I think, necessarily part of the
conduct and management of an election. You
(m) (1906), 5 0. & H. at p. 190.
EXPENSES OF NURSING CONSTITUENCY.
have to look carefully at each expense to see Sect. 33.
whether it is identified with the particular election
in prospect, but speaking generally, expenses of
that character would not in my opinion come
within i expenses in respect of the conduct and
management of the election,' which have to be
paid through the election agent, and which have
to be kept within a definite maximum. At the
same time it is obvious that the very things which
are done for the purpose of what I referred to as
1 nursing the constituency/ or for promoting the
personal popularity of the candidate, would require
very careful consideration as to whether or not
they come within the corrupt practices, either of
bribing or treating. Now it is in that light that
we have to consider the matters charged here,
and we commence with the various meetings,
which were mostly, but not entirely, ward meet-
ings. For the reasons I have already given I
do not think that the expenses of those meetings
would be expenses in the conduct and manage-
ment of the election. They no doubt had a slight
bearing upon it, for Mr. F. (the candidate) came
to address the meetings upon political subjects,
but so far as they were t political ' meetings they
do not come within the section. So far as they
were municipal meetings of course they do not
do so either, therefore I do not think they were
election expenses."
In St. George's (n) a question arose as to whether Expenses of
. . ... committee
the expenses 01 using a certain room as a committee room.
(?i) (1895), 5 0. & H. at p. 114.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - 33. room should be included under the head of election
expenses. It was proved that the petitioner had
taken a house in the constituency. He had built
at the further end of the yard a room which he
had furnished as a club room, and which he had
allowed the Radical Association to use as a club
for its meetings, and during- the election it was
used as a committee room. The petitioner paid
all the expenses in connection with the room, and
did not include any of them in his return of his
election expenses. In giving judgment, Pollock,
B., said (o) :
" When an election is taking place there must
be a committee room somewhere, and that com-
mittee room must be hired unless the candidate
carries it on in his own house, and there must be
the expenses of the rent, coals, gas, cleaning, and
so forth, and, but for this club room, they must
have gone elsewhere ; it was found more con-
venient to have this club room, but the people
who inhabited it were the people who were
workers for the election : therefore it seems to
me that these were election expenses. The de-
cision in this case is important, because it is just
one of those little things that, until the law is
known, may prove a source of difficulty in the
minds of persons who are not acquainted with
the law, and it is as well that they should know
in the future that, unless they make a return of
such expenses, they are guilty of a breach of the
Act of Parliament.' 7
(o) (1895), 50. &H. at p. 115.
REGISTRATION EXPENSES. 257
Willes, J., in dealing with the question of regis- Sect 33.
tration expenses under the old statute (Corrupt Registration
Practices Act, 1863, s. 4) in 1869 in Penryn(p), note?e&tioi e
went no further than to say : " These are ex- e
penses which could not, as 1 read the Act, probably
come into a properly framed account, though I
should not like to advise anyone to leave them
out who was anxious to avoid the penalties of not
accounting."
In more recent years, however, the Court has
held that such expenses may be lawfully paid.
But if the candidate does expend money in this
way, he should be careful to do it in such a way
that it cannot be suggested against him that it
was really a payment for the purpose of pro-
moting his election.
" It seems to me," said Vaughan Williams, J.,
in Stepney (q\ " that although registration ex-
penses may lawfully be paid for by the candi-
date, the candidate is doing a very imprudent
and unwise thing, if he chooses to pay those
expenses by way of a subscription to an associa-
tion like this Stepney Conservative Association.
It did not confine its operations to registration.
. . . They concerned themselves with all sorts
of matters other than registration."
In the same case Cave, J., said(r): " Unless
an election agent can make it quite clear that he
has not been doing election work under the guise
of registration work, he must not be surprised,
(p) (1869), 1 O. &H. at p. 132.
(q) (1892), Day's Election Cases, at p. 123.
(r) Ibid, at p. 118.
F. 17
258 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 38. when his accounts are brought before the election
court, if the judges take the view that he has
been purposely muddling the two accounts up
together, in order that he may escape from the
fetters of the Act of Parliament.' 7
Moneys paid In Kennington (s) it was proved that the re-
spondent, who was accepted as a candidate for
tne constituency about eight months before the
a - n hii npub " e l ec ti n > paid almost all the expenses connected
newspaper are with improving the registration of the borough
expenses. in the interest of himself and his party, the
amount being 145/. It was also proved that in
August, three months before the election, the re-
spondent started a newspaper called the South
London Standard, which advocated his own poli-
tical views. The paper was discontinued in
January as it did not pay. The respondent paid
500/. in respect of this paper, and it was argued
on behalf of the petitioner that these sums of
145/. and 500/. were in reality expenses incurred
" in the conduct and management of the election."
In giving judgment for the respondent, Field, J.,
said(^): " The legislature leaves to the different
parties in the country to follow their own in-
terests in ascertaining, and inducing a revising
barrister (w) to say, who are and who are not
qualified to vote, and I must confess that merely
(s} (1886), 4 0. & H. at pp. 93, 94.
(*) Ibid, at p. 94.
(w) It is submitted that the principle here laid down as to expen-
diture in improving the registration of the constituency would be
held applicable under the present Act, substituting, of course,
"a registration officer" for "a revising barrister."
EXPENSES OF CONVERSAZIONE. 250
because a person, who is a candidate, looks after Sect. 33.
his interests to ascertain that no persons but those
who are favourable to him are upon the register
and are qualified to be upon the register, I am quite
unable to come to the conclusion that that is an
expense on account of the election, or on account
of the conduct or management of the election.
It is simply a question for me as a juryman to
decide, and in this case I shall certainly come to
that conclusion. The same observations apply to
the South London Standard. I have no doubt what-
ever that the respondent would not have published
this paper at all, unless he had thought it would
assist him. Whether he thought it would be a
good speculation pecuniarily, I do not know, but
the question is whether it is an expense of con-
ducting or managing the election. It is not for
me to say what difficulties might arise if we were
to hold that. I have simply to decide whether
the case falls within the language and spirit and
intention of the Act, and I am very clearly of
opinion that in neither of these cases was the
respondent guilty of an illegal practice (#)."
In Rochester (y) the respondent had paid for Ex penses
certain expenses in connection with a conver-
sazione given by the Constitutional Association
of the borough, and the question for the Court
was, inter alia, whether these expenses were elec-
tion expenses^ and therefore expenses which ought
to have been included in the return. The facts
(x) (1886), 4 0. & H. 94, 95; referred to with approval by
Pollock, B,, in Lichfidd (1895), 5 0. & H. 33, 34.
(.y) (1892), 4 0. & H. 158.
17(2)
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. were as follows : In May, 1892, it was suggested
to the respondent by the Constitutional Associa-
tion that it would be desirable to give a conversa-
zione. The respondent assented ; a conversazione
was held on May 4th and 5th, refreshments were
provided at a nominal price, arid the extra ex-
penses were borne by the Association. The elec-
tion took place two months later, on July 4th,
1892, and none of these expenses were returned
in the respondent's return of expenses. In the
result the Court held the election void on the
ground of corrupt treating and illegal practices
by the respondent's agents:
Cave, J., said (2): " With reference to the
conversazione, looking at the time at which it was
held, and that it was the obvious intention of those
who took part in it to promote the return of the
respondent, it seems to me that, if it had been
innocent throughout, nevertheless it must neces-
sarily have been returned as a portion of the
election expenses of the candidate."
Expense It is sometimes a difficult question to say
i>y associa- whether expense incurred by an association or
tion, & c . individual which undoubtedly is an assistance to
the candidate is or is not an election expense.
The test appears to be this : Was the expense in-
curred by the association or individual an expense
incurred for their own ends and their own pur-
poses, or was it one of the ordinary expenses of
the candidate ? In the former case it would not
be, in the latter it would be, an election expense.
CO (1892), 4 O. & H. at p. 159.
EXPENSES INCURRED BY ASSOCIATION.
This question arose in Stepney (a) in regard to Sect. 33.
payments made by the Licensed Victuallers' As-
sociation, and again in CocJcermouth (b) in regard
to the expenses of a tea meeting given by the
Liberal Unionist Association. In both cases
the payments in question were held not to be
election expenses. In the former Cave, J.,
said (a) : " With regard to the Licensed Victual-
lers' Association, I see no ground at all for saying
that those were election expenses. They appear
to have been expenses incurred by them for their
own purposes. No doubt they were desirous to
assist Mr. Isaacson, whom they preferred as a
candidate to Mr. Thompson, but it does not follow
that because they were desirous of doing that,
every expense that they chose to run into would
become an election expense. They may have
made themselves agents for Mr. Isaacson, so that
any corrupt practice traced to them might unseat
him ; I do not say that it would, because it has
not been necessary for us to direct our attention
specifically to that point ; but it does not follow
that, because that is so, every expense that they
resort to thereby becomes an election expense
which must be paid by Mr. Isaacson. If that
were so, the fate of a candidate would be very
deplorable. He would have no control over per-
sons who chose to say that they were acting in
his interest and for his benefit, and would be
compelled to pay every expense that they might
(a) (1892), Day's Election Cases, at pp. 118, 119.
(&) (1901), 5 0. & H. at p. 156.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. think fit to incur. No such liability exists, and I
do not think the Licensed Victuallers' case was
one in which it can be said that the expenses were
expenses of conducting the election, and not ex-
penses rather incurred by the association for their
own ends, and for their own purposes, quite dis-
tinct from Mr. Isaacson's election, although un-
doubtedly his election was one of the things which
they were anxious to secure."
In Cocker mouth, Channell, J., said(c):
" The difference between an act done in the
conduct and management of the election and a
thing done merely for the promotion of the success
of a particular candidate seems to me to be this :
if another person pays an expense and that ex-
pense is one of the ordinary expenses of the
candidate, so that the doing of that by the third
person relieves the candidate from part of his
election expenses, then the candidate must treat
that assistance as given to him in respect of his
election expenses, and must treat the expenses as
part of his expenses ... if he, being merely a
person interested for some reason, as a Liberal
Unionist, or any other reason, in the success of a
particular candidate, chooses to do things on his
own account, which do not go to relieve the can-
didate from any portion of his election expenses,
that is not doing anything in reference to ' the
conduct or management of the election.' . . ."
Expenses of As to the expenses of printing and advertising,
and of and the expenses of publishing, issuing and dis-
addresses, &c.
(c) (1901), 5O. &H. at p. 156.
EXPENSES OF PUBLIC MEETINGS, ADVERTISEMENTS, ETC. 263
tributing addresses and notices, referred to in sect. 33.
Part II. (3) of the First Schedule to the Corrupt
Practices Act, 1883 (d\ it was held in Barrow-in-
Furness (e) that addresses and notices cover bills.
In the case of the expenses last mentioned, as
well as those of stationery, messages, postage and
telegrams, and of holding meetings, referred to
on p. 227, supra, it should be observed that by
sect. 34 of the present Act :
"(1) A person other than the election agent
of a candidate shall not incur any expenses on
account of holding public meetings or issuing
advertisements, circulars or publications for the
purpose of promoting or procuring the election
of any candidate at a parliamentary election,
unless he is authorised in writing to do so by
such election agent,
. u (2) If any person acts in contravention of
this section, he shall be guilty of a corrupt prac-
tice other than personation (/) within the mean-
ing of the Corrupt and Illegal Practices Prevention
Act, 1883, and the expression l corrupt practice 7
shall be construed accordingly : %
" Provided that the court before whom a person
is convicted under this section may, if they think
it just in the special circumstances of the case,
mitigate or entirely remit any incapacity imposed
by section six of the Corrupt and Illegal Practices
Prevention Act, 1883.
(d] See pp. 226227, supra.
(e) (1886), 4 O. & II. 78 ; of. Stepney, ibid. 52, 54, 55, where the
members of the Court differed on this question.
(/) See pp. 274276, infra.
REPRESENTATION OF THE PEOPLE ACT, 1918.
S^ " (3) Any expenses incurred on account of any
such purpose as aforesaid and authorised by the
election agent of the candidate shall be duly
returned as part of the candidate's election
expenses."
As to the effect of these provisions, see pp. 270
277, infra.
Return of The election agent of every candidate must,
expenses. within thirty-five days after the result of the
election is declared, transmit to the returning
officer a true return of election expenses (g). This
return must be in the form contained in the
Second Schedule to the Corrupt Practices Act,
1883, or in a similar form(^), and must be accom-
panied by a declaration made by the election
agent before a justice of the peace in the form
required by that Act (h).
At the same time that the election agent trans-
mits the return or within seven days afterwards,
the candidate must transmit to the returning
officer a declaration made by him before a
justice of the peace verifying his election agent's
return (*').
As to sub-sect. (2) of sect. 33. This sub-section
is as follows :
Any candidate at a parliamentary election
shall, subject to regulations of the Postmaster-
General, be entitled to send, free of any charge
g} Corrupt Practices Act, 1SS3, 8. 33 (1).
(h} Ibid. s. 33 (2).
i) Ibid. s. 33 (4)-
NOMINATION OF CANDIDATE. 265
for postage, to each registered elector for the Sect 33
constituency, one postal communication con-
taining matter relating to the election only, and
not exceeding two ounces in weight :
Provided that a candidate shall not be entitled
to exercise the right of free postage conferred by
this provision before he is duly nominated, unless
he has given such security as may be required
by the Postmaster-General for the payment of
postage in case he does not eventually become
nominated.
For the purpose of this provision candidates
who are under paragraph (4) of Part V. of the
First Schedule to the Corrupt and Illegal Prac-
tices Prevention Act, 1883 (j) 9 deemed to be joint
candidates at an election shall be treated as a
single candidate.
Any candidate at a parliamentary election.
As to the meaning of these words, see pp. 272
273, infra.
subject to regulations of the Postmaster-
General, These have not at the date of pub-
lication been issued.
before he is duly nominated. With regard
to a candidate for election to serve in Parliament
for a county or borough, the law as to nomination
is as follows :
He must be nominated in writing(^). The
writing must be subscribed by two registered
electors of such county or borough as proposer
and seconder, and by eight other registered elec-
(j) The paragraph here referred to is set out on pp. 229 230,
supra.
(A-) Ballot Act, 1872, s. 1.
266 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. tors of the same county or borough as assenting
to the nomination, and must be delivered during
the time appointed for the election to the return-
ing officer by the candidate himself, or his pro-
poser or seconder (/).
Each candidate must be nominated by a sepa-
rate nomination paper, but the same electors or
any of them may subscribe as many nomination
papers as there are vacancies to be filled, but 110
in ore (m).
The nomination paper must be fully filled in
before it is subscribed by anyone (n).
Where there were four vacancies to be filled,
and an elector subscribed four nomination papers,
which were duly delivered to the returning officer,
and then a fifth, which was also duly delivered to
him, the court held that the first four nomination
papers were valid, but that the fifth was not (o).
Each candidate must be described in the nomi-
nation paper in such manner as in the opinion of
the returning officer is calculated sufficiently to
identify such candidate ; the description must
include his names, his abode, and his rank, pro-
fession, or calling, and his surname must come
first in the list of his names (p). No objection to
(I) Ballot Act, 1872, s. 1. See also Monks v. Jackson (1876), 1
C. P. D. 683, where it was held that a nomination paper delivered
by a person who was not the candidate, nor his proposer, nor
seconder, was void.
(m) Ballot Act, 1872, Sched. 1, Part I., r. 5.
() Htrmon v. Park (1881), 7 Q. B. D. 369 ; Cox v. Dairies, [1898]
2 Q. B. 202.
(o) Burgoyne v. Collins (1882), 8 Q. B. D. 450.
(p) Ballot Act, 1872, Sched. 1, Part I., r. 6. There have been
numerous decisions on the meaning of words similar to but not
exactly the same as these in other Acts ; see Bowden v. Besley (1888),
NOMINATION PAPERS. 267
a nomination paper on the ground of the descrip- Sect. 33.
tion of the candidate therein being insufficient,
or not being in compliance with this rule, shall
be allowed or deemed valid, unless such objection
is made by the returning officer, or by some other
person, at or immediately after the time of the
delivery of the nomination paper (q).
The returning officer must supply a form of
nomination paper to any registered elector re-
quiring the same during such two hours as the
returning officer may fix, between the hours of
ten in the morning and two in the afternoon on
each day intervening between the day on which
notice of the election was given and the day of
election (r), and during the time appointed for the
election (s) ; but provided that the nomination paper
is in the form prescribed by the Ballot Act, 1872,
it need not be a nomination paper supplied by the
returning officer (t).
The nomination papers must be delivered to
the returning officer, at the place of election (u)
during the time appointed for the election (s) ; and
the candidate nominated by each nomination
paper, and his proposer and seconder, and one
other person selected by the candidate, and no
person other than aforesaid shall, except for the
21 Q, B. D. 309; GhdhiU v. Crowther (1889), 3 Q. B. D. 136 ; Marion
v. Gorrilf, ibid. 139, and cases there cited.
(q} Ballot Act, 1872, Sched. 1, Part I., r. 6.
(r) As to the meaning of " day of election," see pp. 179 180,
supra,
(s} See Ballot Act, First Schedule, r. 4, p. 683, infra.
(t} Ballot Act, 1872, Sched. 1, Part I., r. 7.
() See sect. 32, pp. 222223, supra.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 33. purpose of assisting the returning officer, be
entitled to attend the proceedings during the time
appointed for the election (t).
The returning officer must on the nomination
paper being delivered to him, forthwith publish
notice of the name of the person nominated as a
candidate, and of the names of his proposer and
seconder, by placarding or causing to be placarded
the names of the candidate and his proposer and
seconder in a conspicuous position outside the
building in which the room appointed for the
election is situate (u).
A person is not entitled to have his name in-
serted in any ballot paper as a candidate unless
he has been nominated in the manner above
described, and every person whose nomination
paper has been delivered to the returning officer
during the time appointed for the election (v) is
deemed to have been nominated in manner above
described, unless objection be made to his nomi-
nation paper by the returning officer, or some
other person, before the expiration of the time
appointed for the election (v) or within one hour
afterwards (x).
The returning officer decides on the validity of
every objection made to a nomination paper, and
his decision, if disallowing the objection, shall be
final ; but, if allowing the same, is subject to
(0 Ballot Act, 1872, Sched. 1, Part I., r. 8.
() Ibid. r. 11.
(y) See footnote (s), p. 267, supra.
(x) Ballot Act, 1872, Sched. 1, r. 12.
EXPENSES OF PUBLIC MEETINGS, ADVERTISEMENTS, ETC.
reversal on petition questioning the election or sct. 33
return (#).
The returning officer's duty in this matter is
limited to objections made to the nomination
paper ; thus, he has no jurisdiction to entertain
an objection that the nomination paper has not
been delivered in time (2), and he has no power to
deal with an objection to the qualification of the
candidate (a). But if a nomination paper appears
on the face of it to be an abuse of the right of
nomination, e.g., if it purports to nominate a
woman, the returning officer should reject it(b).
When the returning officer has considered the
objection to the nomination paper, and decided
that such objection is invalid, the candidate is
duly nominated, though he be disqualified and
may be unseated on petition ().
34. (1) A person other than the election
agent 1 of a candidate shall not incur any
expenses on account of holding public pel
meetings or issuing advertisements, circulars
or publications 1 for the purpose of promoting
or procuring the election of any candidate
at a parliamentary election, 2 unless he is
1 See p. 271, infra. 2 See pp. 271274, infra.
(y) Ibid. r. 13.
(z) Howes v. Turner (1816), 1 0. P. D. 671 ; of. Monks v. Jackson,
ibid. 683.
(a] Pritchard v. Mayor of Bangor (1888), 13 A. C. 251, 257
(H. L.).
(I] Harford v. Lintkey, [1899] 1 Q. B. 862.
(c) Pritchard v. Mayor of Bangor (1888), 13 A. C. 241 (H. L.).
270 REPRESENTATION OF THE PEOPLE ACT, 1918.
fleet. 84. authorised in writing to do so by such elec-
tion agent.
(2) If any person acts in contravention of
this section, he shall be guilty of a corrupt
practice other than personation within the
meaning of the Corrupt and Illegal Practices
Prevention Act, 1883, 3 and the expression
"corrupt practice" shall be construed ac-
cordingly :
Provided that the court before whom a
person is convicted under this section may,
if they think it just in the special circum-
stances of the case, mitigate or entirely
remit any incapacity imposed by section six
of the Corrupt and Illegal Practices Preven-
tion Act, 1883. 3
(3) Any expenses incurred on account of
any such purpose as aforesaid and authorised
by the election agent of the candidate shall
be duly returned as part of the candidate's
election expenses. 4
NOTE. The object of this section is to prevent
expenses of the nature indicated in sub -sect. ( 1 )
being incurred other than as part of a candidate's
election expenses. If any person other than
the election agent incurs expenses of this kind,
he must be duly authorised to do so by the
election agent, and the expenses in question must
3 See pp. 274276, infra. 4 See p. 276, infra.
EXPENSES OF ADVERTISEMENTS, ETC. 271
be duly returned (e) as part of the candidate's sect. 34.
election expenses.
Such authorisation can only be given in writing.
the election agent. Every candidate must
appoint an election agent, but may not appoint
more than one. Such election agent must be
named by or on behalf of the candidate on or
before nomination day(/). The name and ad-
dress of such agent must be declared in writing
by a candidate or by some other person on his
behalf to the retiirning officer on or before
nomination day (/). A candidate can if he wishes
appoint himself as his election agent (g).
advertisements, circulars, or publications.
In accordance with the ordinary rule as to con-
struing the words of a statute, the word " publi-
cations" must be construed ejusdem generis with
the words u advertisements " and "circulars"
in other words, in order that the publication
should fall within the meaning of the section it
must be an advertisement or circular or a publi-
cation of the nature of an advertisement or
circular.
The question whether any particular publi-
cation is within the meaning of the section would
of course depend upon the circumstances of each
case.
for the purpose of promoting or procuring
the election of any candidate at a parliamentary
election. It is necessary to deal first with the
(e) See p. 264, supra.
(/) See pp. 179180, supra.
(g) Corrupt Practices Act, 1884, s. 24.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - 34. meaning of the words, candidate at a parlia-
mentary election.
The present Act does not contain a definition
of the word " candidate." It is probable, how-
ever, in view of the subject dealt with in this
section, its close relation to the Corrupt and Illegal
Practices Prevention Act, 1883, and the fact that
that Act is expressly referred to in sub -sect. (2),
that the word u candidate " would be construed
in the same meaning as that expressly given to it
in sect. 63 of the Corrupt Practices Act, 1883,
namely : " Any person elected to serve in Par-
liament at such election, and any person who is
nominated as a candidate at such election, or is
declared by himself or by others to be a candidate,
on or after the day of the issue of the writ for
such election, or after the dissolution or vacancy
in consequence of which such writ is issued."
In Rochester (h) counsel submitted that under
sect. 63 of the Corrupt Practices Act, 1883, the
respondent was not a " candidate" until after the
dissolution and the issue of the writ, and that the
expenses incurred by him before that time could
not be included in the election expenses.
In declining to accept this contention, Cave, J.,
said (?') :
" When a man begins to incur expenses with
regard to an election, there is nothing to prevent
his appointing an election agent. In some cases
canvassers are set to work, and committees are
formed, long before the dissolution, or the issue
(/O (1892), 4 0. & H. at p. 157.
(0 Ibid.
MEANING OF " CANDIDATE. 273
of the writ. If those expenses are not to be Se ct. 34.
returned as election expenses, the words of the
Act as to the maximum amount of expenditure
are set at nought." The law has been repeatedly
laid down in similar terms by other judges (k\ and
in Great Yarmouth (1) Channel!, J., said : " I quite
adopt the view which has been put forward by other
judges that the time when the election is sup-
posed to commence ... certainly is not limited
to the commencement of the active part of the
election by the occurrence of a vacancy or by the
issue of a writ." The same view of the law was
expressed by Lawrance, J., in Maidstone (m) and
Bodmin (). In each of the three last-mentioned
cases, Grantham, J., differed (0), but in East
Dorset (p), Lawrance and Pickford, JJ., stated
that the law is correctly laid down in the nume-
rous decisions to the contrary which are referred
/
to above.
The eases just referred to and the judgments
cited on pp. 242 249 show that the fact of an
election having begun presupposes the existence
of a candidate at such election, so that a person
may become a " candidate at a parliamentary
election " and incur election expenses long before
the dissolution and the issue of the writ. As to
the words for the purpose of promoting or pro-
curing the election, these are identical with the
(&) See extracts from judgments cited, pp. 242 249, supra.
(0 5 O. & H. 188.
(m) Ibid. 209, 210.
(n) Ibid. 228.
(o) Ibid. 191193, 208, 209, 227, 228.
(p) (1910), 6 O. & H. at pp. 39, 40, 49, 50.
F. 18
274 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 34. words in sect. 17 of the Corrupt Practices Act,
1883, which have been held to have the same
meaning as the words u on account of or in
respect of the conduct or management of the
election " (q).
As to when expenses for public meetings, &c.
are incurred " in the conduct or management of
the election," see pp. 250254, 260262.
From the cases cited on pp. 260 262, supra, it
will be seen that there is nothing in theory to
prevent persons who wish a particular candidate
to be elected because they think him more in
accordance with their own special views upon tem-
perance or any other subject about which strong
opinions are held, incurring certain expenses in
support of his candidature (s) ; but in considering
the effect of sect. 34 of the present Act it cannot
be too strongly emphasized that in practice expen-
diture on account of the matters there mentioned
will in almost every case be expenses incurred
"for the purpose of promoting or procuring the
election " of a candidate.
As to sub -sect. (2) a corrupt practice other
than personation within the meaning of the
Corrupt and Illegal Practices Prevention Act,
1883.
By sect. 6 (1) of that Act, " a person who com-
mits any corrupt practice other than personation
. . . shall be guilty of a misdemeanour, and on
conviction on indictment shall be liable to be
(q) Ipswich, 31st March, 1886 (unreported). See also Ipswich
(1886), 4 O. & H. at p. 74 ; 54 L. T. 619.
() See the judgment of Channell, J., in Cocker mouth (1901), 5 O.
& H. at p. 158.
PUNISHMENT OF CORRUPT PRACTICE. 275
imprisoned with or without hard labour for a Sect. 34.
term not exceeding one year, or to be fined any
sum not exceeding 200/."
By sect. 6 (3) of the same Act, " a person who
is convicted on indictment of any corrupt prac-
tice shall, in addition to any punishment as above
provided, be incapable during a period of seven
years from the date of his conviction (a) of being
registered as an elector or voting at any election
in the United Kingdom, whether it be a parlia-
mentary election or an election for any public
office (t] within the meaning of the Corrupt Prac-
tices Act, 1883; or (b) of holding any public (t)
or judicial (u) office, and if he holds any such
office the office shall be vacated."
By sect. 6 (4) of the same Act, u any person
so convicted of a corrupt practice shall be in-
capable of being elected to and of sitting in the
House of Commons during the term of seven
years next after the date of his conviction, and if
at that date he has been elected to the House of
Commons his election shall be vacated from the
time of such conviction."
By sect. 43 (4) of the same Act, a person who
is summarily convicted by an election court of
any corrupt practice, which cannot occur unless
such person declines to be tried by a jury, shall
be subject to the same incapacities as if he had
(t} As to the meaning of the expression "public office" in the
sub-section just cited, see sect. 64 of the Corrupt Practices Act,
1883.
(n) The expression " judicial office " in such sub-section includes
the office of justice of the peace.
1.8(2)
276 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 34. been convicted on indictment, and further, may
be imprisoned with or without hard labour for a
term not exceeding six months, or ordered to pay
a fine not exceeding 200.
any incapacity imposed by section six of the
Corrupt and Illegal Practices Prevention Act,
1883. These words, which occur in the proviso
in sect. 34 (2) of the present Act, refer to the inca-
pacities mentioned in sect. 6 (3), (4), of the Corrupt
Practices Act, set out above.
As to sub-section (3). any expenses incurred
on account of any such purpose as aforesaid and
authorised by the election agent of the candidate
shall be duly returned as part of the candidate's
election expenses.
The purpose here mentioned is of course that
of promoting or procuring the election of any
candidate at a parliamentary election by holding
public meetings or issuing advertisements, cir-
culars, or publications. This subject is dealt with
on pp. 271 274, supra.
authorised by the election agent of the can-
didate. Such authorisation must by sect. 34 (1)
be in writing by the election agent (v).
shall be duly returned as part of the candi-
date's election expenses. As to this, see p. 264,
supra.
Practical It would seem, having regard to the provisions
sect 34. of this section, that it will be more necessary
even than it has been hitherto for a candidate to
appoint an election agent immediately that he
becomes a candidate. In the absence of his doing
(v) See sect. 34 (1), pp. 269270, supra.
PRACTICAL EFFECT OF SECT. 34. 277
so he will be prohibited by this section from in- Sect. 34.
curiing any of the expenses mentioned therein (w).
It is probable that the effect of this section, as
given above, will be used as an argument for
interpreting the word " candidate" in the present
Act in the narrow sense of " duly nominated can-
didate " because of the hardship which, it will be
urged, would result to persons who desire to
stand for election and to the public from the
broader interpretation of the word u candidate "
in this section. It is submitted, however, that
the meaning of the section is that given to it in
this Note, and that the answer to such an argument
is as was pointed out by Cave, J., in Rochester (x),
and by Lawrence, J., in East Dorset (y\ that there
is nothing to prevent a " candidate'' appointing
an election agent as soon as he becomes a can-
didate, no matter how long that may be before
the day of nomination.
It may be well to draw attention to the danger
to which members of the public may be exposed
if they are ignorant of, or neglect to observe, the
provisions of sect. 34. Owing to the wide scope
of the words "for the purpose of promoting or
procuring the election of any candidate," it will
be of the utmost importance for any person who
intends to hold a public meeting, or to issue
literature, of a political character to consider
very carefully whether such meeting or literature
is directly or indirectly for the " purpose" referred
to, and, if so, to obtain the requisite authorisation.
(to] Ibid., and pp. 271 274, supra,
(x) (1892), 4 0. & H. at p. 157.
(if) (1910), 6 0. & H. at p. 40.
2T8 REPRESENTATION OF THE PEOPLE ACT, 1918.
- as. 35. The following Acts, that is to say,-
t C otat pet The Ballot Act, 1872 * ;
manent effect.
The Parliamentary Elections (Returning
Officers) Act, 1875 2 ;
The Parliamentary Elections Returning
Officers Expenses (Scotland) Act,
1878 3 ;
The Parliamentary Elections and Cor-
rupt Practices Act, 1880 4 ;
The Corrupt and Illegal Practices Pre-
vention Act, 1883 5 ;
The Municipal Elections (Corrupt and
Illegal Practices) Act, 1884 ;
The Local Government (Elections) Act,
1896 6 ;
shall become permanent Acts, and any pro-
vision in any Act in force at the date of the
passing of this Act which limits the period
for which any of those Acts are to remain in
operation shall cease to have effect.
NOTE. The Acts mentioned in this section,
which are now made permanent, were originally
passed as temporary measures only, but have been
extended from year to year since the time when
they would have originally expired.
1 See Appendix III., p. 665, infra. 2 Ibid. p. 700, infra.
8 lUd. p. 708, infra. * Ibid. p. 708, infra.
9 Ibid. p. 710, infra. 6 Ibid. p. 717, infra-.
UNIVEKSITY ELECTIONS. 279
36. (1) The provisions contained in sect. 36
Part I. of the Fifth Schedule to this Act conduct of
elections for
shall have effect with respect to elections Univ frsit 7
constitu-
for university constituencies other than the encies
Scottish university constituency, and the
provisions contained in Part II. of that
Schedule shall have effect with respect to
elections for the Scottish university consti-
tuency, and his Majesty may, by Order in
Council, make such regulations as appear
necessary or desirable for giving full effect
to those provisions and for the effective and
proper conduct of those elections.
Any such regulations may be made so as
to be applicable generally to elections for
university constituencies or specially to elec-
tions for any particular university constitu-
ency.
(2) This Part of this Act shall, except as
expressly provided, apply to university con-
stituencies and university elections.
(3) In the application of the provisions of
this Act which are applicable to university
constituencies and university elections to
those constituencies and elections the follow-
ing modifications shall have effect :
(a) '* Voting paper " shall be substituted
for "ballot paper," and for any
reference to the Ballot Act, 1872,
there shall be substituted a refer-
REPRESENTATION OF THE PEOPLE ACT, 1918.
ence to the corresponding pro-
vision of this Act, or regulations
made thereunder in relation to uni-
versity constituencies or university
elections :
(b) It shall not be necessary to prepare an
absent voters list, but the right to
vote by proxy may be exercised by
any person who would be entitled
to exercise such right if his name
were entered on an absent voters
list, so long as all other conditions
enabling him to vote by proxy are
fulfilled :
(c) Where a candidate's deposit is forfeited
the deposit shall be retained by the
university.
NOTE. As to sub-sect. (1). The provisions
contained in Part I. of the Fifth Schedule to
this Act. These provisions, with footnotes where
necessary, are set out on pp. 364 372, infra.
university constituencies other than the Scot-
tish university constituency. - - Part III. of
the Ninth Schedule to this Act, set out on
p. 554, infm, contains a list of university
constituencies in Great Britain, together with
the number of members returnable by each
constituency.
the provisions contained in Part II. of that
Schedule. These provisions are set out on
pp. 373386, infra.
UNIVERSITY ELECTIONS. 281
such regulations as appear necessary or de- sect 36.
sirable. These regulations have not, at the date
of publication, been made.
As to sub-section (2), This Part of this Act
shall, except as expressly provided, apply to
university constituencies and university elec-
tions. Part III. of this Act consists of sections
20 to 36. Of these sections those which apply to
university constituencies and university elections
are 20, 22, 23, 26, 27, 33, 34, 35 and 36.
In considering the application of sect. 33 to
university elections, it would seem that the
maximum scale of election expenses (set out on
p. 228, supra) applies to university elections.
The words " borough election" in Part IV. (x) of
the First Schedule to the Corrupt Practices Act,
1883, apparently include an election for a univer-
sity constituency. In sect. 61 of the Representa-
tion of the People Act, 1867 (which section is
expressly left unrepealed by the present Act(^)),
the term " borough " is defined as " any borough,
city, place, or combination of places, not being a
county as hereinbefore defined, returning a mem-
ber or members to serve in Parliament." By
sect. 65 (1) of the Act of 1883, the words "the
Corrupt Practices Prevention Acts" wherever
used in the Act of 1883 include sects. 11, 49 and
50 of the Act of 1867. Further, the Act of 1883
contains no definition of " borough," so that the
word " borough " when used in the Act of 1883
(.r) Both as Part IV. originally stood and as altered by the
present Act. See sect. 33 (1), p. 223, supra,
(y] See Sixth Schedule, p. 395, infra.
REPRESENTATION OF THE PEOPLE ACT, 1918.
must, it is submitted, bear the meaning given to
it by sect. 61 of the Act of 1867.
As to sub-section (3) (a), the provisions] of
this Act, in which the word ballot-paper, or a
reference to the Ballot Act, 1872, occur, are
sects. 22, 23, 27, set out on pp. 164165, 172-
176, 208210, respectively.
As to sub-section (3) (b), see sect. 23, pp. 172
176, supra.
As to sub-section (3) (c), see sect. 27, pp. 208
210, supra.
PART IV.
REDISTRIBUTION OF SEATS.
37. 37. (l) Each of the areas mentioned in
the first column of the First Part of the
Ninth Schedule to this Act shall be a parlia-
mentary borough returning the number of
members specified opposite thereto in the
said Schedule, and where so provided in the
Schedule shall be divided into the divisions
specified therein, and each such division
shall return one member.
(2) Each of the areas mentioned in the
first column of the Second Part of the
Ninth Schedule to this Act shall be a
parliamentary county returning the number
of members specified opposite thereto in
the said Schedule, and where so provided
KEDISTKIBUTION OF SEATS.
in the Schedule shall be divided into the Sect - 37
divisions specified therein, and each such
division shall return one member.
(3) Each of the universities and combina-
tions of universities mentioned in the Third
Part of the Ninth Schedule to this Act
shall be a constituency returning the
number of members specified opposite
thereto in the said Schedule.
(4) The distribution of seats in Great
Britain under this Part of this Act shall
take the place of the distribution of seats
existing at the time of the passing of this
Act ; and all writs for parliamentary elec-
tions and other documents consequent upon
the writs or relating to parliamentary elec-
tions or the registration of electors shall be
framed and expressed in such manner and
form as may be necessary for carrying into
effect the provisions of this Act.
NOTE. The First, Second and Third Parts of
the Ninth Schedule to this Act are set out at
pp. 404 481, pp. 482 554, and p. 554, infra,
respectively.
It should be noted that sect. 37 set out above
has no application to Ireland (2). Redistribution
in Ireland is dealt with by the Redistribution of
Seats (Ireland) Act, 1918.
(z) Sect. 44 (10), pp. 333334, infra.
284
Sect. 38.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Punishment
of offences
committed
outside the
United
Kingdom.
PART V.
[Sections 3847.]
GENERAL.
38. Where any person commits out of
the United Kingdom any act which if that
act had been committed in the United
Kingdom would haye rendered that person
liable to prosecution and punishment under
the Ballot Act, 1872, or the Corrupt and
Illegal Practices Prevention Act, 1883 (as
amended by any subsequent Act), or under
this Act, that person shall be liable to be
proceeded against and punished as though
the act had been committed in the United
Kingdom at any place where that person
may for the time being be.
For the purposes of any such prosecution
any period prescribed as the period within
which proceedings may be commenced shall
be reckoned as from the date on which the
person charged returned to the United
Kingdom next after the commission of the
offence.
NOTE. It would appear that the main purpose
of this section is to bring the absent voter within
the operation of the Acts mentioned.
OFFENCES UNDER BALLOT ACT, ETC.
any act which if that act had been com- sect. 38
mitted in the United Kingdom would have
rendered that person liable to prosecution and
punishment under the Ballot Act, 1872, or the
Corrupt and Illegal Practices Prevention Act,
1883 (as amended by any subsequent Act), or
under this Act.
On an examination of the offences which
render a person liable to prosecution and punish-
ment under the Acts mentioned in this section, it
is clear that some of these offences cannot be
committed out of the United Kingdom, and that
in the case of some other of these offences it is
improbable that they would be so committed.
It is, however, thought that it will be useful to
give a list (a) of the acts which render a person
liable to prosecution and punishment under the
statutes mentioned.
These acts and the punishment for the same
are dealt with under the following twelve heads
(pp. 285302):-
I. Offences in respect of nomination papers, ballot
papers, and ballot boxes (b) . (1) Forging or fraudu-
lently defacing or fraudulently destroying any
nomination paper, or delivering to the returning
officer any nomination paper knowing the same
to be forged ; or
(2) Forging, counterfeiting, or fraudulently
defacing or fraudulently destroying any ballot
(a) For a discussion as to those acts which have been dealt
with in the election courts, see pp. 90 178 of the Author's
" Parliamentary Elections and Election Petitions," 2nd ed.
(6) Ballot Act, 1872, s. 3.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 38. paper or the official mark on any ballot paper ;
or
(3) Without due authority supplying any ballot
paper to any person ; or
(4) Fraudulently putting into any ballot box
any paper other than the ballot paper which he is
authorised by law to put in ; or
(5) Fraudulently taking out of the polling station
any ballot paper ; or
(6) Without due authority destroying, taking,
opening, or otherwise interfering with any ballot
box or packet of ballot papers then in use for the
purposes of the election (c).
Any person committing any of the offences set
out above shall be guilty of a misdemeanour, and
be liable, if he is a returning officer or an officer
or clerk in attendance at a polling station, to
imprisonment for any term not exceeding two
years, with or without hard labour, and if he is
any other person, to imprisonment for any term
not exceeding six months, with or without hard
labour (c).
Any attempt to commit any of the offences set
out above shall be punishable in the manner in
which the offence itself is punishable (c).
II. Infringement of secrecy. No officer, clerk, or
agent in attendance at a polling station shall
communicate, except for some purpose authorised
by law, before the poll is closed, to any person
any information as to the name or number on the
register of voters of any elector who has or has
not applied for a ballot paper or voted at that
(c) Ballot Act, 1872, s. 3.
PERSONATION. 287
station, or as to the official mark, and no such Sect. 88.
officer, clerk, or agent, or any person whosoever,
shall interfere with or attempt to interfere with a
voter when marking his vote, or otherwise attempt
to obtain in the polling station information as to
the candidate for whom any voter in such station
is about to vote or has voted, or communicate at
any time to any person any information obtained
in a polling station as to the candidate for whom
any voter in such station is about to vote or has
voted, or as to the number on the back of the
ballot paper given to any voter at such station (d).
No officer, clerk, or agent in attendance at the
ounting of the votes shall attempt to ascertain at
such counting the number on the back of any
ballot paper, or communicate any information
obtained at such counting as to the candidate for
whom any vote is given in any particular ballot
paper. No person shall directly or indirectly
induce any voter to display his ballot paper after
he shall have marked the same, so as to make
known to any person the name of the candidate
for or against whom he has so marked his
vote(d).
Every person who infringes the secrecy of
voting by committing any of the acts set out
above shall be liable, on summary conviction
before two justices of the peace, to imprisonment
for any term not exceeding six months, with or
without hard labour (d).
III. Personation. Any person is guilty of the
offence of personation who at an election for a
(d) Ibid. s. 4.
288 EEPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 38. county or borough or at a municipal election
applies for a ballot paper in the name of some
other person, whether that name be that of a
person living or dead, or a fictitious person, or
who having voted once at any such election ap-
plies at the same election for a ballot paper in
his own name(tf) . This offence and that of aiding,
abetting, counselling, or procuring its commission
are felonies, and any person convicted of either
of these offences on indictment shall be punished
by imprisonment for a term not exceeding two
years together with hard labour (/). These
offences are also corrupt practices within the
meaning of the Corrupt Practices Act, 1883 (g).
A person who is convicted on indictment of
any corrupt practice shall, in addition to any
punishment as above provided, be incapable
during a period of seven years from the date of
his conviction (a) of being registered as an elector
or voting at any election in the United Kingdom,
whether it be a parliamentary election or an elec-
tion for any public office within the meaning of
the Corrupt Practices Act, 1883 ; or (b) of holding
any public or judicial office (h\ and if he holds
any such office the office shall be vacated (/).
Any person so convicted of a corrupt practice
shall be incapable of being elected to and of
sitting in the House of Commons during the
(e) Corrupt Practices Act, 1883, s. 3 ; Ballot Act, 1872, s. 24.
See also footnote (a) on p. 285, supra.
(/) Corrupt Practices Act, 1883, s. 6 (2).
(g] Ibid. s. 3.
(h) As to the meaning of "public office" and ''judicial office,"
see sect. 64 of the Corrupt Practices Act, 1883.
(i) Ibid. s. 6 (3).
BRIBERY. 289
term of seven years next after the date of his Sect - 38 -
conviction, and if at that date he has been elected
to the House of Commons his election shall be
vacated from the time of such conviction (k).
A person who is summarily convicted by an
election court of any corrupt practice, which
cannot occur unless such person declines to be
tried by a jury, shall be subject to the same in-
capacities as if he had been convicted on indict-
ment, and further, may be imprisoned with or
without hard labour for a term not exceeding six
months, or ordered to pay a fine not exceeding
200J. (I).
Every person guilty of a corrupt practice at an
election is prohibited from voting at such elec-
tion, and if any such person votes, his vote shall
be void (ni).
IV. Bribery (ri). A person is guilty of bribery
who :
(1) Directly or indirectly by himself , or by any
other person on his behalf, gives, lends, or agrees
to give or lend, or offers, promises, or promises
to procure or to endeavour to procure, any money
or valuable consideration to or for any voter, or
to or for any person on behalf of any voter, or
to or for any other person, in order to induce any
voter to vote or refrain from voting, or corruptly
does any such act as aforesaid on account of such
(k) Ibid. s. 6 (4).
(0 Ibid. s. 43 (4).
(m) Ibid. s. 36.
(n) As to the punishment for bribery, see pp. 293, 294, infra.
F. 19
290 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 38. voter having voted or refrained from voting at
any election (o) :
(2} Directly or indirectly by himself, or by any
other person on his behalf, gives or procures or
agrees to give or procure, or offers or promises,
or promises to procure or to endeavour to procure
any office, place, or employment to or for any
voter, or to or for any person on behalf of any
voter, or to or for any other person, in order to
induce such voter to vote or refrain from voting,
or corruptly does any such act as aforesaid on
account of any voter having voted or refrained
from voting at any election (p) :
(3) Directly or indirectly, by himself, or by
any other person on his behalf, makes any such
gift, loan, offer, promise, procurement, or agree-
ment as aforesaid to or for any person, in order
to induce such person to procure or endeavour to
procure the return of any person to serve in
Parliament, or the vote of any voter at any
election (q) :
(4) Upon or in consequence of any such gift,
loan, offer, promise, procurement or agreement,
procures or engages, promises or endeavours to
procure, the return of any person to serve in
Parliament, or the vote of any voter at any
election (r) :
(5) Advances or pays, or causes to be paid,
(o) Corrupt Practices Act, 1883, s. 3; Corrupt Practices Preven-
tion Act, 1854, s. 2. See also footnote (a) on p. 285, supra.
(p}Ibid.
(j) Ibid,
(r) Ibid.
TREATING. 291
any money to or to the use of any other person Sect. 88.
with the intent that such money or any part
thereof shall be expended in bribery at any elec-
tion, or knowingly pays or causes to be paid any
money to any person in discharge or repayment
of any money wholly or in part expended in
bribery at any election ; but this has no applica-
tion to any money paid or agreed to be paid for or
on account of any legal expenses bond fide incurred
at or concerning any election (s) :
(6) Being a voter, before or during any elec-
tion directly or indirectly by himself, or by any
other person on his behalf, receives, agrees or
contracts for any money, gift, loan, or valuable
consideration, office, place or employment, for
himself or for any other person, for voting or
agreeing to vote, or for refraining or agreeing to
refrain from voting at any election (t):
(7) After any election, directly or indirectly
by himself or by any other person on his behalf,
receives any money or valuable consideration on
account of any person having voted or refrained
from voting, or having induced any other person
to vote or refrain from voting at any election (u).
V. Treating. Any person who corruptly by him-
self or by any other person, either before, during,
or after an election, directly or indirectly gives
or provides, or pays wholly or in part the expense
of giving or providing, any meat, drink, enter-
() Ibid.
(t) Corrupt Practices Act, 1883, s. 3; Corrupt Practices Pre-
vention Act, 1854, s. 3.
(M) Ibid.
19(2)
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - 38 tainment or provision to or for any person for
the purpose of corruptly influencing that person
or any other person to give or refrain from giving
his vote at the election, or on account of such
person or any other person having voted or re-
frained from voting or being about to vote or
refrain from voting at such election, shall be
guilty of treating (x).
And every elector who corruptly accepts or
takes any such meat, drink, entertainment, or
provision shall also be guilty of treating (x).
VI. Undue influence. Every person is guilty of
undue influence who, directly or indirectly, by
himself or by any other person on his behalf,
makes use of, or threatens to make use of, any
force, violence, or restraint, or inflicts, or threat-
ens to inflict, by himself or by any other person,
any temporal or spiritual injury, damage, harm,
or loss, upon or against any person in order
to induce or compel such person to vote or refrain
from voting, or on account of such person having
voted or refrained from voting at any election, or
who, by abduction, duress, or any fraudulent
device or contrivance, impedes or prevents the
free exercise of the franchise of any elector, or
thereby compels, induces, or prevails upon any
elector either to give or refrain from giving his
vote at any election (y).
VII. Making knowingly a false declaration respect-
(x) Corrupt Practices Act, 1883, s. 1. See also footnote (a) on
p. 285, supra.
(y] Ibid. s. 2. See also footnote (a) on p. 285, supra.
PUNISHMENT OF CORRUPT PRACTICES. 293
ing election expenses (2). The only persons who can Sect. 88.
commit this offence are a candidate and an elec-
tion agent (a).
VIII. Incurring expenses on account of public meet-
ings or issuing advertisements, circulars, or publications
by unauthorised persons. Any person other than an
election agent who incurs any expenses on account
of holding public meetings or issuing advertise-
ments, circulars, or publications for the purpose
of promoting or procuring the election of any
candidate at a parliamentary election, unless he is
authorised in writing to do so by such election
agent, shall be guilty of a corrupt practice within
the meaning of the Corrupt Practices Act,
The offences of bribery (c), treating (c), undue
influence (), making knowingly a false declara-
tion respecting election expenses (t/), as well as
that of incurring expenses on account of public
meetings, &c. referred to above (0), are corrupt
practices within the meaning of the Corrupt Prac-
tices Act, 1883.
A person who commits any of these corrupt
practices shall be guilty of misdemeanour, and on
conviction on indictment shall be liable to be
imprisoned with or without hard labour for a term
not exceeding one year, or to be fined any sum
not exceeding 200/. (/).
(z] Ibid. s. 33. See also footnote (a) on p. 285, supra.
(a] Ibid. s. 33 (7).
(6) See sect. 34 of the present Act and pp. 270 277, supra.
(c) Corrupt Practices Act, 1883, s. 3.
(d} Ibid. s. 33 (7),
(e) Sect. 34 of the present Act, pp. 269 270, supra.
(/) Corrupt Practices Act, 1883, s. 6 (1).
294 REPRESENTATION OF THE PEOPLE ACT, 1918.
s.^ Such person is also subject, on conviction, to
the incapacities mentioned on pp. 275 276, supra.
Further, any person committing the offence of
making knowingly a false declaration respecting
election expenses is guilty of a misdemeanour,
and is liable on conviction thereof on indictment
to imprisonment with or without hard labour for
any term not exceeding two years or to a fine,
or to both such imprisonment and fine(^).
IX. Illegal practices (h). (1) Making or receiv-
ing payment or making a contract for payment for
the purpose of promoting or procuring the election
of a candidate at any election (a) on account of
the conveyance of the electors to or from the poll,
whether for the hiring of horses or carriages, or
for railway fares, or otherwise; or (b) to an
elector on account of the use of any house, land,
building, or premises, for the exhibition of any
address, bill, or notice, or on account of the ex-
hibition of any address, bill, or notice, unless it
is the ordinary business of such elector as an
advertising agent to exhibit for payment bills
and advertisements, and such payment to or con-
tract with such elector is made in the ordinary
course of business ; or (c) on account of any com-
mittee room in excess of the number allowed by
the Corrupt Practices Act, 1883, Schedule !.(').
(2) Payment of any sum or incurring any ex-
pense by a candidate at an election or his election
(g) Perjury Act, 1911, s. 5.
(h) See footnote (a) on p. 285, supra,
(*) Corrupt Practices Act, 1883, s. 7. See Pontefract (1893),
Day's Election Cases, 6263, and pp. 142144 of the Author's
Parliamentary Elections and Election Petitions, 2nd edition.
ILLEGAL PRACTICES. 295
agent, or sub-agent within his district, whether Sect 38.
before, during, or after an election, on account
of or in respect of the conduct or management of
such election, in excess of the maximum specified
in the Fourth Schedule to the present Act (k).
(3) Voting at an election by any person who
knows that he is prohibited by statute from
voting, or inducing or procuring any person to
vote at an election knowing that such person is
prohibited by statute from voting (/).
(4) Knowingly publishing, before or during an
election, a false statement of the withdrawal of
a candidate at such election, for the purpose of
promoting or procuring the election of another
candidate (m).
(5) In the case of a candidate, his election
agent, or sub-agent* within his district, printing,
publishing or posting, or causing to be printed,
published or posted, any bill, placard, or poster,
having reference to an election, which fails to
bear upon the face thereof the name and address
of the printer and publisher (n).
(6) In the case of a candidate at an election or
any agent of his or any other person making any
payment, advance, or deposit before, during, or
after, an election, in respect of any expenses in-
curred on account of or in respect of the conduct
or management of such election otherwise than
by or through the election agent acting in person, ,
(&) See sect. 33 of the present Act and sects. 8, 25, of the Corrupt
Practices Act, 1883, and p. 228, supra.
(/) Corrupt Practices Act, 1883, s. 9 (1), (3).
(m) Ibifl. s. 9 (2), (3).
(n) Ibid. as. 18, 25.
296 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 88. or by a sub-agent within his district, and in the
case of any person, payment of any money pro-
vided by any person other than the candidate for
any of the said expenses, whether as gift, loan,
advance, or deposit, to any person other than the
candidate or his election agent (o). This shall
not, however, apply to (i) a tender of security
to or payment by the returning officer ; or (ii) any
sum disbursed by any person out of his own
money for any small expense legally incurred by
himself if such sum is not repaid to him ; or
(iii) payment by the candidate of any personal
expenses incurred by him on account of or in
connection with or incidental to the election, to
an amount not exceeding 100/. (/>); or (iv) the
payment by any person if authorised in writing
by the election agent of any necessary expenses
for stationery, postage, telegrams, and other petty
expenses, to a total amount not exceeding that
named in the authority (q).
(7) In the case of an election agent, or sub-
agent within his district, payment (a) without a
judgment or order of a competent Court, or leave
of the High Court first obtained, of a claim
against a candidate or his election agent in
respect of any expenses incurred on account or
in respect of the conduct or management of such
election, which is not sent in to the election
agent within fourteen days after the day on which
the candidates returned are declared elected (r) ;
(o) Corrupt Practices Act, 1883, ss. 25, 28.
(p] Ibid. s. 31 (1).
(q) llid. B. 31 (3).
(r) Ibid. s. 29(2), (3), (8), (9); s. 2fi.
ILLEGAL PRACTICES. 297
(b) without such leave, of any of the said expenses Sect. 38.
after twenty-eight days after the day on which
the candidates returned are declared elected (s).
(8) In the case of a candidate or his election
agent, failure, without authorised excuse, to com-
ply with the requirements of sect. 33 of the Corrupt
Practices Act, 1883, as to the return and declara-
tion respecting election expenses (if).
(9) Making or publishing a false statement of
fact in relation to the personal character or con-
duct of a candidate for the purpose of affecting
his return, unless the person making or publishing
such statement can show that he had reasonable
grounds for believing and did believe the state-
ment made by him to be true (u).
(10) Any illegal payment, employment, or
hiring by a candidate, his election agent, or sub-
agent within his district, if personally guilty
thereof (x).
(11) Acting or inciting others to act at a
political meeting in a disorderly manner for the
purpose of preventing the transaction of the
business for which the meeting was called to-
gether, provided that such meeting is a lawful
public meeting held in a parliamentary constitu-
(s] Hid. B. 29 (4), (5) ; s. 25. If, however, the election court
reports that such payment was made without the sanction or con-
nivance of the candidate, his election will not be void nor will he
be subject to any incapacity by reason of such payment : ibid.
. 29 (6).
(t) Ibid. s. 33 (6). As to the position of the sub-agent, see ibid.
s. 25.
(?t) Corrupt Practices Act, 1895, s. 1.
(a?) Corrupt Practices Act, 1883, ss. 21 (2), 25.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - 38 - ency between the date of the issue (V) of a writ
for the return of a member of Parliament for
such constituency and the date at which a return
to such writ is made (a).
(12) Voting for more constituencies than the
voter is entitled to vote for in accordance with the
present Act, or asking for a ballot or voting paper
for the purpose of so voting, provided that (a) the
fact that any person has asked for a ballot paper
in a constituency in circumstances which entitle
him only to mark a tendered ballot paper in
pursuance of Rule 27 of the First Part of the
First Schedule to the Ballot Act, 1872, shall not,
if he does not exercise that right, prevent his
voting or asking for a ballot or voting paper in
another constituency (b) ; and (b) the giving of a
vote by a returning officer in pursuance of sect. 2
of the Ballot Act, 1872, in the case of an equality
of votes, or the asking for a ballot paper for the
purpose of so voting, shall not, for the purposes
of this section, be deemed to be the giving of a
vote as a parliamentary elector, or the asking for
a ballot paper for the purpose of so voting (b).
(13) In the case of a person who is for the
time being entitled to vote by proxy in a con-
stituency under the present Act, himself voting
or attempting to vote at any parliamentary elec-
tion in that constituency otherwise than by means
(z) The writ is issued by the Speaker of the House of Commons
and may sometimes not be received by the returning officer in
the constituency until a day later.
() Public Meeting Act, 1908, SB. 1, 2.
(?>) See sect. 22 of the present Act and pp. 166 167, supra.
PUNISHMENT OY ILLEGAL PRACTICES. 299
of the proxy paper, while the proxy paper is in Sect. 38.
force ().
(14) Voting or attempting to vote as proxy on
behalf of more than two absent voters at an elec-
tion in any constituency unless such person is
voting as the husband or wife, or the parent,
brother, or sister of the absent voter (c).
(15) Voting or attempting to vote at any elec-
tion under the authority of a proxy paper when
such person knows or has reasonable grounds for
supposing that the proxy paper has been cancelled,
or that the elector to whom or on whose behalf
the proxy paper has been issued is dead or no
longer entitled to vote at that election (c).
A person guilty of an illegal practice may be
prosecuted in the manner provided by the Sum-
mary Jurisdiction Acts(^), and is on summary
conviction liable to a fine not exceeding 100/.(r/),
and is incapable, during a period of five years
from the date of his conviction, of being regis-
tered as an elector, or of voting at any election
(whether it be a parliamentary election or an
election for a public office (0), held for or within
the county or borough in which the illegal prac-
tice was committed (/).
Further, he is prohibited from voting at such
election, and if he votes his vote shall be void(^).
(c) Clause (10) of the Third Schedule to the present Act, see
pp. 361362, infra.
(d) Corrupt Practices Act, 1883, s. 54 (1).
(e) As to meaning of "public office," see sect. 63 of the Corrupt
Practices Act, 1883.
(/) Ibid. 8. 10.
(g) Ibid. s. 36.
300 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 88. X. Illegal payment (K). A person is guilty of
illegal payment who
( 1 ) Knowingly provides money for any pay-
ment contrary to the provisions of the Corrupt
Practices Act, 1883, or for any expenses incurred
in excess of any maximum amount allowed by
the said Act, or for replacing any money expended
in any such payment or expenses, except where
the same may previously have been allowed as an
exception (i) :
(2) Corruptly induces or procures any. other
person to withdraw from being a candidate at an
election in consideration of any payment or pro-
mise of payment, or so withdraws in pursuance
of such inducement or procure rnent(/r) :
(3) Pays or receives payment or contracts for
payment, before, during, or after an election, for
the purpose of promoting or procuring the election
of a candidate at any election, on account of bands
of music, torches, flags, banners, cockades, ribbons
or other marks of distinction (I).
XL Illegal employment (m). A person is guilty
of illegal employment who for the purpose of pro-
moting or procuring the election of a candidate
at any election engages or employs, or is for the
said purpose engaged or employed by, any other
person for payment or promise of payment for
any purpose, or in any capacity whatever, except
for any purposes or capacities mentioned in the
(h) See footnote () on p. 285, supra.
(i) Corrupt Practices Act, 1883, s. 13. See also sect. 33 (1) of the
present Act, p. 223, supra.
(A-) Corrupt Practices Act, 1883, s. 15.
(Z) Ibid. s. 16.
(m) See footnote (a) on p. 285, supra.
ILLEGAL HIRING.
first or second Parts of the First Schedule to the Sect - 88
Corrupt Practices Act, 1883, or except so far as
payment is authorised by the first or second Parts
of the said Schedule or otherwise by the said
Act (m).
XII. Illegal hiring (ri). A person is guilty of
illegal hiring who
(1) Lets, lends, or employs, for the purpose of
conveyance of electors to or from the poll, any
public stage or hackney carriage, or any horse or
other animal kept or used for drawing the same,
or any carriage, horse, or other animal, which he
keeps or uses for the purpose of letting out for
hire, knowing that it is intended to be used for
the purpose of the conveyance of electors to or
from the poll (o) ; or
(2) Hires, borrows, or uses, for the purpose of
the conveyance of electors to or from the poll, any
carriage, horse, or other animal, knowing that the
owner thereof is prohibited from letting, lending,
or employing it for that purpose (/>); or
(3) Hires or uses as a committee room, for the
purpose of promoting or procuring the election of
a candidate at an election, or lets, knowing it was
intended to use the same as a committee room,
any premises or part of any premises,
(a) On which the sale by wholesale or retail of
any intoxicating Jiquor is authorised by
a licence (whether the licence be for
consumption on or off the premises) ; or
(m] Corrupt Practices Act, 1883, s. 17.
(n) See footnote (a) on p. 285, supra.
(o) Corrupt Practices Act, 1883, s. 14 (1).
(p) Ibid. s. 14 (2).
302 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 88. (b) Where any intoxicating liquor is sold, or is
supplied to members of a club, society,
or association, other than a permanent
political club ; or
(c) Whereon refreshment of any kind, whether
food or drink, is ordinarily sold for con-
sumption on the premises ; or
(d) Of any public elementary school in receipt
of an annual parliamentary grant ;
but the provisions of (3) (a), (b), (c), (d), above,
do not apply to any part of such premises
which is ordinarily let for the purpose of chambers
or offices, or the holding of public meetings or of
arbitrations, if such part has a separate entrance
and no direct communication with any part of the
premises on which any intoxicating liquor or re-
freshment is sold or supplied as aforesaid (q).
A person guilty of an offence of illegal payment,
employment, or hiring may be prosecuted in the
manner provided by the Summary Jurisdiction
Acts (r), and shall, on summary conviction, be
liable to a fine not exceeding 100/. (s).
A candidate, or an election agent of a candi-
date, who is personally guilty of an offence of
illegal payment, employment, or hiring, is guilty
of an illegal practice, and is punishable accord-
ingly (t).
As to the words in the second paragraph of sect. 38,
any period prescribed as the period within which
proceedings may be commenced. A proceeding
(q) Corrupt Practices Act, 1883, s. 20.
(r) Ibid. s. 54 (1).
() Ibid. B. 21 (1).
(t) Ibid. e. 21 (2), and see p. 299, supra.
RE-ARRANGEMENT OF POLLING DISTRICTS. 303
against a person in respect of the offence of a Sect. 88.
corrupt or illegal practice, or any other offence
under the Corrupt Practices Prevention Acts,
must be commenced within one year after the
offence was committed, or if it was committed in
reference to an election with respect to which an
inquiry is held by election commissioners shall be
commenced within one year after the offence was
committed, or within three months after the
report of such commissioners is made, whichever
period last expires, so that it be commenced
within two years after the offence was com-
mitted (u). In the case of offences under the
Ballot Act, 1872, dealt with under I. and II. on
pp. 285 287, supra, there is no limit of time
within which proceedings must be commenced.
By sect. 38 of the present Act, this period
shall be reckoned as from the date on which
the person charged returned to the United King-
dom next after the commission of the offence.
39. The council having power to divide Re-arran ge -
a constituency into polling districts shall, JSng
not later than one month after the passing tomtit
of this Act, take into consideration the
division of the constituency into polling-
districts, and make any re-arrangements of
those districts and of polling places which
it appears necessary to make as a conse-
quence of alterations effected by this Act.
NOTE. The council having power here re-
(t*) Corrupt Practices Act, 1883, s. 51 (1).
304
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect. 39.
Regulations
to be laid
before
Parliament.
ferred to is the County Council. See Local
Government Act, 1888, s. 3 (xii.).
constituency. As to the meaning of this word,
see sect. 41 (1), p. 305, infra.
In the application of this section to Scotland,
by sect. 43 (17) (p. 323, infra) the returning
officer is substituted for the council.
As to Ireland, see sect. 44 (9), pp. 332 333,
infra.
40. (1) All rules, regulations, or pro-
visions made by Order in Council under
this Act shall be laid before each House of
Parliament forthwith ; and unless and until
an address is presented to His Majesty by
either House of Parliament within the next
subsequent twenty-one days on which that
House has sat next after any such rule,
regulation, or provision is laid before it,
praying that the rule, regulation, or pro-
vision may be annulled, the rule, regulation,
or provision shall have effect as if enacted
in this Act.
(2) Any Order in Council under this
Act may be revoked or varied as occasion
requires by any subsequent Order in Council.
NOTE. The Orders in Council under this Act
which have, up to the time of going to press, been
made will be found in Appendices I. and VI.,
infra.
INTERPRETATION. 305
41. In this Act, unless the context other- sect. 41.
wise requires,
* tion.
(1) The expression " constituency " means
any county, borough, or combina-
tion of places, or university or
combination of universities, return-
ing a member to serve in Parlia-
ment ; and, where a county or
borough is divided for the purpose
of parliamentary elections, means
a division of the county or borough
so divided ; and elections for any
such division shall be held in 'the
same manner and subject to the
same provisions as those for un-
divided counties or boroughs (x) :
(2) The expression "local government
electoral area " means the area for
which any county council, muni-
cipal borough council, metropolitan
borough council, district council,
board of guardians, parish council,
or any other body elected at the
time of the passing of this Act by
persons on the local government
register or on the register of
parochial electors is elected ; and
(x) For a list of counties, boroughs, combinations of places, and
universities and combinations of universities returning members to
serve in Parliament, see the Ninth Schedule to the present Act,
pp. 404554, infra.
Y. 20
306 REPRESENTATION OF THE PEOPLE ACT, 1918.
sect. 41. the expression " local government
election " means an election for any
such council, board, or body (y) :
(3) The expression " general election '
means an election of members to
serve in a new Parliament of the
United Kingdom :
(4) The expression " university constitu-
ency " means a constituency con-
sisting of a university or a com-
bination of universities ; and the
expression " university election "
means an election of a member
or members of Parliament for a
university constituency (s) :
(5) A person who is an inmate or patient
in any prison, lunatic asylum,
workhouse, poorhouse, or any
other similar institution shall not
by reason thereof be treated as
resident therein for any purpose
of this Act (a) :
(6) The expression " transferable vote " (b)
means a vote
(a) capable of being given so as
(y) See sect. 3, pp. 40 41, s. 4 (3), pp. 6465, and s. 8 (2),
pp. 101102, supra.
(z) For a list of university constituencies, see the Ninth Schedule
to the present Act, Part III., p. 554, infra. As to university
elections, see s. 36, pp. 279 280, supra.
(a) See p. 15, supra.
(b] See sect. 20, pp. 155157, and pp. 158160, supra.
INTERPRETATION. 307
to indicate the voter's preference Sect - 41 -
for the candidates in order ; and
(b) capable of being transferred
to the next choice when the vote
is not required to give a prior
choice the necessary quota of
votes, or when, owing to the
deficiency in the number of the
votes given for a prior choice, that
choice is eliminated from the list
of candidates (c} :
(7) For the purposes of registration a
person's age shall be taken to be
that person's age on the last day
of the qualifying period (d) :
(8) The expression " dwelling-house " in-
cludes any part of a house where
that part is occupied separately
as a dwelling-house (e) :
(9) The yearly value of land or premises
shall be taken to be the gross
estimated rental, or in the metro-
polis the gross value, where those
premises are separately assessed to
rates, and in any other case shall
be deemed to be the amount
which would in the opinion of the
(c) See sect. 20, pp. 155 157, and pp. 158160, supra,
(d} See pp. 4 and 81, supra,
(e) See pp. 49 55 and 70, supra.
20 (2)
308 REPRESENTATION OF THE PEOPLE ACT, 1918.
^ ec ^3^ registration officer be the gross
estimated rental or gross value, as
the case requires if they were
separately assessed (/) :
(10) The expression " afloat " and ex-
pressions relating to service afloat
in connection with naval and mili-
tary voters shall be interpreted in
accordance with rules (g) made for
the purpose by the Admiralty (h) :
(11) The expression " prescribed " means
prescribed by His Majesty by
Order in Council.
Adaptation 42. The parliamentary and the local
government franchises enacted by this Act
shall take the place of all parliamentary
and, so far as respects local government
elections within the meaning of this Act, of
all local government franchises existing at
the time of the passing of this Act ; and
the provisions set out in the Sixth Schedule
to this Act with respect to the adaptation
of Acts shall have effect for the purpose of
adapting the law to the provisions of this
Act.
NOTE. For the Sixth Schedule to this Act, see
pp. 386 390, infra.
(/) See pp. 28-33, 6869, 71, supra.
(g) Set out on p. 628, infra.
(h) See sect. 5 (3) (ii), pp. 7778, and pp. 8384, supra.
APPLICATION TO SCOTLAND. 809
43. This Act shall apply to Scotland, sect. 43.
subject to the following modifications : to p scltiand
(1) Unless the context otherwise re-
quires
(a) The word " borough" ex-
cept as used in the expression
"parliamentary borough" means
" burgh " ;
(b) The expression " local govern-
ment electoral area" means the
area for which any county council,
town council, parish council, or
school board, is elected, and " local
government election " means an
election for any such council or
board ;
(c) The expression " the Local
Government Board " (except where
otherwise expressly provided)
means the Secretary for Scotland ;
(d) The expression " Valuation
Acts " means the Lands Valuation n&isvict.
(Scotland) Act, 1854, and any Acts * 9L
amending the same ;
(e) The expression " governing
body ' used in relation to a uni-
versity means the university court ;
( f ) A reference to the Supreme
Court shall be construed as a
reference to the Court of Session ;
310 REPRESENTATION OF THE PEOPLE ACT, 19 L8.
Sect ' 43 - (g) A reference to the Court of
Appeal shall be construed as a
reference to the Court of three
judges of the Court of Session
constituted by the twenty-third
section of the Representation of
the People (Scotland) Act, 1868 ;
(h) A reference to the county
court shall be construed as a refer-
ence to the sheriff court :
(2) The yearly value of any subjects shall
be taken to be the value appearing
in the valuation roll where those
subjects are separately valued in
that roll, and in any other case
shall be deemed to be the value
which would in the opinion of
the registration officer be entered
therein if they were so valued (') :
(3) The section () of this Act relating to
local government franchise (men)
shall not apply, and in lieu
thereof *
(a) A man who is of full age and
not subject to any legal incapacity
shall be entitled to be registered
as a local government elector for a
local government electoral area if
(i) See sect. 1 (3), p. 3, sect. 4 (1) (c), p. 64, and sect. 7 (1) (b),
p. 98, supra.
(&) See sect. 3, pp. 40 41, supra.
APPLICATION TO SCOTLAND. 311
he is on the last day of the qualify- sect. 43.
ing period and has been during the
whole of that period
(i) the owner of lands and heri-
tages within the area of the yearly
yalue of not less than ten pounds :
Where such lands and heritages
are in the joint ownership of two
or more persons and the aggregate
yearly value of the lands and
heritages is not less than the
amount produced by multiplying
ten pounds by the number of the
joint owners, each of the joint
owners shall be treated as owning
lands and heritages of the yearly
value of not less than ten pounds ;
or
(ii) the occupier as tenant of
lands and heritages within the
area of the yearly value of not less
than ten pounds : Where such
lands and heritages are in the joint
occupation as tenants of two or
more persons, and the aggregate
yearly value of the lands and
heritages is not less than the
amount produced by multiplying
ten pounds by the number of the
REPRESENTATION OF THE PEOPLE ACT, 1918.
43. joint occupiers, each of the joint
occupiers shall be treated as oc-
cupying lands and heritages of the
yearly value of not less than ten
pounds; or
(iii) the inhabitant occupier as
owner or tenant of a dwelling-
house within the area ; or
(iv) the occupier of lodgings
within the area of the yearly value
if let unfurnished of not less than
ten pounds : Where such lodgings
are in the joint-occupation of not
more than two persons and the
aggregate yearly- value as aforesaid
of the lodgings is not less than
twenty pounds, each of the joint
lodgers shall be treated as occupy-
ing lodgings of the yearly value of
not less than ten pounds : or
(vj the inhabitant occupier by
virtue of any office, service, or em-
ployment of a dwelling - house
within the area which is not in-
habited by the person in whose
service he is in such office, service,
or employment :
(b) The ownership or occupation
in immediate succession of different
APPLICATION TO SCOTLAND. 313
lands and heritages, dwelling- sect. 43.
houses, or lodgings, as the case
may be, in the same parliamentary
county or in the same parliamentary
borough shall have the like effect
in qualifying a man to be regis-
tered as a local government elector
for a local government electoral
area therein, respectively, as the
continued ownership or occupation
of the same lands and heritages,
dwelling-houses, or lodgings within
that area ;
(c) In this section "owner"
shall include heir of entail in
possession, life-renter, and bene-
ficiary entitled under any trust to
the rents and profits of lands and
heritages and shall not include the
fiar of lands and heritages subject
to a life-rent, nor tutor, curator,
judicial factor, nor commissioner;
4 * lands and heritages'' has the
same meaning as in the Valuation
Acts, and " dwelling-house " means
any house or part of a house occu-
pied as a separate dwelling :
(4) Subsection (1) of the section (I) of this
(?) See sect. 4, pp. 63 64, supra.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - 43 - Act relating to franchises (women)
shall not apply, and in lieu
thereof-
(a) A woman who is not subject
to any legal incapacity shall be
entitled to be registered as a par-
liamentary elector for a constitu-
ency (other than a university
constituency) if she has attained
the age of thirty years, and if
either she or her husband is on
the last day of the qualifying
period occupying as owner or
tenant any land or premises in the
constituency (hereinafter in this
subsection called " the qualifying
premises "), and has during the
whole of the qualifying period so
occupied any land or premises in
the county or county of a city in
which the qualifying premises are
situated :
(b) For the purposes of this sub-
section
(i) the word "tenant" shall
include a person who inhabits by
virtue of any office, service, or em-
ployment any dwelling-house which
is not inhabited by the person in
APPLICATION TO SCOTLAND. 315
whose service he or she is in such sect. 43.
office, service, or employment :
(ii) the word " tenant " shall
include a person who occupies a
room or rooms as a lodger only
where such room or rooms are let
to him or her in an unfurnished
state :
(iii) the expression "land or
premises " means any land or pre-
mises (other than a dwelling-house)
of the yearly value of not less than
five pounds or any dwelling-house :
(iv) a woman, though she or her
husband may have been occupying
land or premises in the con-
stituency on the last day of the
qualifying period, shall not be en-
titled to be so registered, if she or
her husband, as the case may be,
commenced to occupy the land
or premises within thirty days
before the end of the qualifying
period and ceased to occupy them
within thirty days after the com-
mencement of such occupation ;
(v) the word " county " means a
county inclusive of all burghs
therein except a county of a city,
REPRESENTATION OF THE PEOPLE ACT, 1918.
8601:43 and the word "dwelling-house"
means any house or part of a house
occupied as a separate dwelling :
(vi) where land or premises are
in the joint occupation of two or
more persons, each of the joint
occupiers shall be treated as occupy-
ing the same, provided that not
more than two joint occupiers shall
be so treated in respect of the
same land or premises, unless they
are bona fide engaged as partners,
carrying on their profession, trade,
or business on the land or premises,
and provided further that in
the case of land or premises
(other than a dwelling - house)
the aggregate yearly value thereof
must be not less than the
amount produced by multiplying
five pounds by the number of joint
occupiers :
(c) A woman registered by virtue
of this section shall be deemed to
be registered by virtue of her own
or her husband's local government
qualification :
(5) Subsection (1) of the section (/) of this
(/) See sect. 7, pp. 9899, supra.
APPLICATION TO SCOTLAND. 317
Act relating to supplemental pro- sect. 43.
visions as to residence and occupa-
tion shall not apply except in so
far as that subsection relates to the
parliamentary franchise for men,
and subsection (4) ( /) of the said sec-
tion shall not apply (m) :
(6) The section (n) of this Act relating to
provisions as to disqualifications
shall have effect as if the following
provision were enacted therein :
A person shall not be disqualified
from being registered or from
voting as a parliamentary or local
government elector by reason that
he is the town clerk or depute
town clerk of any burgh or the
assessor under the Valuation Acts
in any burgh or county :
(7) The section (0) of this Act relating to
provision as to qualification of
councillor shall not apply :
(8) The section (p) of this Act relating to
registration officers and areas shall
not apply, and in lieu thereof
Each burgh, the town council
(0 Seep. 100.
(w) See pp. 5657, s. 4, pp. 6365, 6970, and 74.
(n) See sect. 9, pp. 112115, supra.
(o) See sect. 10, p. 123, supra.
(p} See sect. 12, pp. 130131, supra.
318 REPRESENTATION OF THE PEOPLE ACT, 1918.
sect. 43. whereof was entitled under the
law in force at the passing of this
Act to appoint an assessor for the
purpose of parliamentary registra-
tion, and each county (exclusive of
every such burgh), or, where any
county is divided for the purpose
of parliamentary elections, each
part of the county (with the like
exclusion) which lies within a
separate parliamentary division,
shall be a registration area ; and
the assessor of the burgh or county
under the Valuation Acts, or
where there are two or more such
assessors, one of them appointed
for the purpose of parliamentary
registration by the town or county
council, as the case may be, shall
be the registration officer of that
area, and all other assessors (if any)
in that area shall, for the purpose
of the registration of parliamentary
and local government electors, be
subject to the instructions of the
registration officer and shall be
bound to act on such instructions :
Provided that, from and after
the date when the first register
under this Act shall have been
APPLICATION TO SCOTLAND. 310
completed, an officer of Inland Sect - 43 -
Revenue shall not be appointed or
continue to act as assessor for
any burgh or county under the
Valuation Acts without the consent
of the Treasury :
(9) The provisions regarding the appoint-
ment of an assistant judge in the
section (q) of this Act relating to
appeals shall not apply :
(10) In the application of the section (r)
of this Act relating to right to the
use of elementary schools the ex-
pression " any public elementary
school " means "any school in
receipt of a parliamentary grant " :
(11) The first subsection of the section (s)
of this Act relating to expenses of
registration shall not apply, and in
lieu thereof
Any expenses properly incurred
by any registration officer in the
performance of his duties in
relation to registration, including
all proper and reasonable charges
for trouble, care, and attention in
the performance of those duties
(q} See sect. 14 (6), pp. 136137, supra.
(r) See sect. 25, pp. 204205, supra.
() See sect. 15, pp. 139140, supra.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - 4 3. and any cost incurred by him as
party to an appeal (in this Act
referred to as " registration ex-
penses "), shall be paid by the
council appointing the registration
officer : Provided that, where a
burgh within the meaning of the
Local Government (Scotland) Act,
1889, is not a separate registration
area, the council thereof shall pay
to the council appointing the
registration officer a contribution
towards the registration expenses,
and subsection (4) of section sixty
and section sixty-six of that Act
shall apply, with the necessary
modifications, to such contribution.
The amount necessary to defray
any registration expenses or any
contribution thereto, as the case
may be, shall be assessed and levied
in any one of the modes allowed
by the Valuation Acts with respect
to the costs and expenses of making
up the valuation roll :
(12) In subsection (5) of the section (t) of
this Act relating to expenses of
registration the expression "the
" council whose clerk the registra-
(t) See sect. 15 (5), p, 141, ivpra.
APPLICATION TO SCOTLAND. 321
"tion officer is " means "the sect. 43.
" council appointing the registra-
tion officer" :
(13) The sections (w) of this Act relating to
returning officers and to discharge
of returning officers' duties by an
acting returning officer shall not
apply, and in lieu thereof :
The returning officer at parlia-
mentary elections (other than a
university election) shall as hereto-
fore be the sheriff of the sheriffdom
within which the constituency is
wholly situated or, where the con-
stituency is situated in more than
one sheriffdom, the sheriff specified
in the Seventh Schedule (x) to this
Act, and the power of appointing
deputies conferred by section eight
of the Ballot Act, 1872, on certain
sheriffs shall be exerciseable by any
sheriff who is returning officer for
more than one constituency or
who, by reason of sickness or un-
avoidable absence, is incapacitated
from performing any of the duties
devolving upon him as returning
officer, and in the event of no
(u] See sects. 28 and 30, pp. 211 and 217 218, supra.
(a?) Set out on p. 391, infra.
F. 21
322 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - 43. such appointment being made by a
sheriff so incapacitated or in the
event of any vacancy in the office
of sheriff at the time when any
of such duties require to be per-
formed, the sheriff substitute at
the place at which the writ for
the election is appointed to be
received shall act as returning
officer, and shall perform all the
duties and have all the powers
(including the power of appointing
deputies) of such returning officer :
(14) Notwithstanding the provisions of
subsection ( 1 ) of the section (x) of
this Act relating to polls to be held
'on one day at a general election,
etc., the poll at any general or
bye -election for the constituency
of Orkney and Zetland shall remain
open for two consecutive days as
heretofore :
(15) The provisions of the last paragraph
of the section (y) of this Act re-
lating to register for university
constituencies shall not apply, and
the said section shall have effect
as if regulation sixteen of section
(x] See sect. 21, p. 161, supra.
(y] See sect. 19, pp. 153 154, su,pr) See sect. 12 (3), pp. 130131, supra.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - 44 - construed as references to the Local
Government Board for Ireland :
(3) (a) The clerk of the crown and peace
for an administrative county, not
being a county borough, shall be
the registration officer for any
parliamentary county which is
coterminous with, or the whole or
greater part of which is contained
in, the administrative county, and
for any parliamentary borough of
which the whole or greater part is
contained in the administrative
county and no part is contained in
a county borough, and the clerk
of the crown and peace for a
county borough shall be the regis-
tration officer for any parliamentary
borough which is coterminous with,
or the whole or any part of
which is contained in, the county
borough (c) 9 and the council of that
administrative county or county
borough, as the case may be,
shall be the council by which
the registration expenses of that
registration officer are to be paid,
subject in cases where the parlia-
mentary county or parliamentary
borough is not coterminous with,
or wholly contained in, the admin-
istrative county or county borough,
(c) See sect. 12 (2), p. 130, supra.
APPLICATION TO IRELAND. 329
as the case may be, to such con- Sect - 44 -
tribution by the council of any
other administrative couijty or
county borough as the Local
Government Board may direct (d) :
Provided that the registration ex-
penses to be paid by a council
shall not include any charges for
trouble, care, and attention, in
the performance of duties which
are performed by the registration
officer in person : Provided also
that the persons who, at the passing
of this Act, are town clerks for the
county borough of Dublin and the
county borough of Belfast, respec-
tively, shall, so long as they hold
their respective offices, be the
registration officers for the parlia-
mentary borough of Dublin and
the parliamentary borough of
Belfast, respectively, and that the
last preceding proviso shall not
apply in their case.
(b) The registration expenses (d)
shall be paid in the case of the
council of a county borough, out
of the rate or fund out of which
the general expenses of the council
are paid, or out of any other rate
or fund which the Local Govern-
ment Board may on the applica-
(d) See sect. 15, pp. 139141, supra.
330 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - 44 - tion of the council approve, and,
in the case of a council of any
other administrative county, out
of the poor rate as a county at
large charge, except in cases ta
which section twelve of the Parlia-
48 & 49 vict. mentary Registration (Ireland) Act,
1885, applies (e) :
(c) In the event of any vacancy
in the office of registration officer
or in the event of the registration
officer's incapacity to act, the
powers and duties of the registra-
tion officer may be exercised and
performed by any person tempo -
rarily appointed in that behalf by
the Lord Chancellor (/) :
(d) The power of advancing
sums to a registration officer on
account of registration expenses
shall be exerciseable by the council
by which those expenses are to be
paid (g) :
(e) This section, in its applica-
tion to the county of Tipperary,
shall have effect as if each parlia-
mentary division of the county
were a separate parliamentary
county, and as if the clerk of the
crown and peace for the entire
(e} See sect. 15, pp. 139 141, supra.
(/) See sect. 12 (4), p. 131, supra.
(0) See sect. 15 (5), p. 141, supra.
APPLICATION TO IRELAND.
331
county were clerk of the crown Sect -
and peace for the administrative
counties of the North Riding and
the South Riding respectively :
(4) Where an administrative county is
divided into ridings the Lord
Lieutenant may, by order, divide
the parliamentary county into a
corresponding number of registra-
tion areas, and make any adap-
tations of this Act which may be
necessary in consequence of the
division, and the clerk of the
crown and peace for any riding
shall be registration officer (h) for
such of those areas as may be
directed by the Lord Lieutenant :
(5) For the purposes of appeals from the
registration officer, and also for
the purpose of the revision of
jurors' lists, the powers and juris-
diction of the county court shall,
unless and until the Lord Lieu-
tenant otherwise direct, be exer-
cised, as respects the parliamentary
borough of Dublin, by the persons
who are at the time of the
passing of this Act Dublin revising
barristers, and as respects the
parliamentary county of Dublin by
the person who is at the time of
the passing of this Act revising
(h) See sect, 12, pp. 130131, 8i>i>ra.
REPRESENTATION OF THE PEOPLE ALT, 1918.
Sect - 44 ; barrister for that county ; but
while those powers are so exer-
cised, the provisions of this Act
as to county courts shall apply to
those persons as they apply to
county courts, with the necessary
modifications, and in particular
with the modification that assistant
judges may be appointed to assist
those persons if, in the opinion of
the Lord Chancellor, such appoint-
ment is necessary in order to
enable the appeals to be disposed
of with proper dispatch (t) :
(6) The expenses of any printing required
in connection with registration
shall be treated as part of the
expenses (k) of the registration
officer under this Act, notwith-
standing that the printing is ar-
ranged for by the county council
under section ninety-six of the
6i & 62 vict. Local Government (Ireland) Act,
1898:
(7) The expression " assistant overseer " (/)
means a town clerk, secretary of a
county council, clerk of an urban
district council, an existing clerk
of the union, within the meaning
of the Local Government (Ireland)
(/) See sect. 14, pp. 135 137, supra,
(k) See sect. 15, pp. 139 141, supra.
(/) See sect. 18, pp. 148149, tuprtt.
APPLICATION TO IRELAND. 333
Act, 1898, and a collector of poor Sect - 44 -
rate :
(8) Notwithstanding the limit imposed in
subsection (2) of section twenty-
seven of the County Officers and
Courts (Ireland) Act, 1877, the
salaries of clerks of the crown and
peace may be increased by orders
made under that subsection to
such extent as appears to the Lord
Lieutenant and Council, with the
concurrence of the Treasury, to be
proper, haying regard to the addi-
tional duties imposed on those
officers by this Act(m) : Provided
that the liability of a clerk of the
crown and peace to account for
sums other than registration ex-
penses received by him as registra-
tion officer shall not extend to any
such increase of salary :
(9) The provisions (n) with respect to the
division of constituency into polling
districts and appointment of polling
places shall have effect with the
following modifications :
(a) A reference to the council by
which the registration expenses of
the registration officer for any
constituency are to be paid shall
be substituted for the reference to
(m) See sect. 44 (3) (a), pp. 328329, supra.
(n) See sect. 31, pp. 220222, supra.
334 REPRESENTATION OF THE PEOPLE ACT, 1918.
Sect - 44 the council whose clerk the regis-
tration officer for any constituency
is, or by whom the registration
officer is appointed (-n) :
(b) The powers of a council
under the said provisions shall be
exercised in accordance with rules
made by the Local Government
Board, and any exercise of the
powers shall be subject to con-
firmation by that Board who may
confirm the proposed division, ap-
pointment or alteration either with
or without modifications, or may
withhold confirmation (n) :
(c) The Board may cause a local
inquiry to be held as respects any
questions arising in connection
with the said provisions, and article
thirty-two of the schedule to the
Local Government (Application of
Enactments) Order, 1898, shall
apply to any such inquiry (n) :
(10) Part IV. of this Act (o), and the
provisions with respect to an urban
district which is coterminous with,
or wholly contained in, a registra-
tion area (p), or with respect to
the persons who are to be return-
ing officers (
14 (1).
REGISTRATION RULES (a).
Form of Register.
1 . The register shall be framed in separate parts (6) far Separate part
each registration unit in the registration area. f register
The registration unit shall be the parish where the gistration
parish is wholly contained in one voting area, and where umt '
a parish is contained in more than one voting area, shall
be each part of the parish contained in a separate voting
area; and for the purposes of this rule the expression
"voting area" means any polling district, electoral divi-
sion, borough, county district other than a borough, and
any ward of a borough, county district, or parish, and
any other area for which a separate election at which the
register is to be used is held.
2. The register shall, as respects each registration unit, Separate
contain the names of those who are entitled to vote as parliament
parliamentary electors and of those who are entitled to taT 7 an<1
vote as local government electors, but shall be framed so ment electors,
as to show in separate divisions the names of those who are
entitled to vote both as parliamentary and local govern-
ment electors, the names of those who are entitled to vote
as parliamentary electors but not as local government elec-
tors, and the names of those who are entitled to vote as
local government electors but not as parliamentary
electors (c) .
Where a person whose name is entered as a local
government elector in any registration unit is not entitled
() See sect, 13, set out on pp. 133134, and sect. 14 (1), p. 135,
supra.
(1} See Order in Council of June 4th, 1918, rule 4, p. 748, infra,
as to supplement to be added to part of register relating to polling
'district.
(c) See Form of Register, pp. 577 578, infra.
22 (2)
340
REPRESENTATION OF THE PEOPLE ACT, 1918.
Absent
voters list.
Register to
be made up
in street or
alphabetical
order.
Effect of
register.
to vote in respect of that entry at the local government
elections for all the local government electoral areas which
comprise that unit, the registration officer shall place a
mark against his name, with a note to signify that the
person against whose name the mark is placed is not
entitled to vote for the local government elections men-
tioned in the note, and any such note shall be deemed to
be part of the register (c).
3. The registration officer shall prepare and add as a
supplement to the register a separate list (d) for the whole
registration area, or, where the area includes more than
one constituency, for each constituency in the area, of
persons entitled to vote as absent voters (e) (in this Act
referred to as the absent voters list) without, however,
removing the names of those voters from any other part of
the register. Every such list shall be made up according
to polling districts (/) .
4. Where the registration unit is situated in a parlia-
mentary borough, the names in the register shall be
arranged in street order, unless the authority whose clerk
the registration officer is or by whom he is appointed con-
siders that, having regard to the general character of the
area forming the registration unit, arrangement in street
order is inapplicable; and where the registration unit is
situated in a parliamentary county, the names in the
register shall be arranged in alphabetical order, unless the
said authority considers that, having regard to the general
character of the area forming the registration unit,
arrangement in street order is possible and convenient (g).
5. The registers for the registration units making up
any constituency, so far as they relate to parliamentary
(c) As to the mark and note here referred to, see p. 577, infra. .
(d) For arrangement of names in and form of absent voters list,
see Order in Council of June 4th, 1918, par. 3, p. 748, infra and
Third Schedule, p. 751, infra.
(e) See sect. 23, pp. 173176, and pp. 177178, supra.
(/) See sect. 31, pp. 220222, supra.
(g) For Form of Register in street order and in alphabetical order
see pp. 603604, infra.
REGISTRATION RULES. 341
electors, shall together form the register of parliamentary
electors for that constituency, and the registers of the
registration units making up any local government elec-
toral area, so far as they relate to local government electors,
shall together form the register of local government electors
for that area.
Duty of Registration Officer to prepare and publish Lists.
6. It shall be the duty of the registration officer to cause Duty of
a house to house or other sufficient inquiry to be made, and
to prepare or cause to be prepared lists (in this Act referred pare electors'
to as electors lists) for each registration unit within his
registration area of all persons appearing to be entitled to
be registered (g) e adopted by the registration officer when
he receives the information too late to* include the naval or military
voter in the electors lists, see Order in Council of June 4th, 1918.
rule 7, p. 749, infra.
(p) See sect, 23, pp. 173170. siyira.
() See rule 27, p. 349, infra.
KEG1STKAT1ON KULE*. 347
Preparation of the Register from the Lists.
20. The registration officer shall, as soon as practi-
cable, consider all objections of which notice has been
given to him in accordance with these rules (r), and for that
purpose shall give at least five clear days' notice to the
objector and to the person in respect of whose registra-
tion the notice of objection has been given, of the time
and place at which the objection will be considered by him.
21. The registration officer shall also consider all Considera-
claims of which notice is given to him in accordance with
these rules (s), and in respect of which no notice of objec-
tion is given, and, if he considers that the claim may be
allowed without further inquiry, shall give notice () to
the claimant that his claim is allowed.
If the registration officer is not satisfied that any such
claim can be allowed without inquiry, he shall give at
least five clear days' notice (t) to the claimant of the time
and place at which the claim will be considered by him.
22. If on the consideration of any claim or objection Supplemen-
it appears to the registration officer that the claimant, or ^2^^^
person in respect of whose name objection is taken, is of claims and
not entitled to be entered on the register in the character jet
in which he claims to be registered, or in which he is
entered on the list, but is entitled to be entered on the
register in another character or in another place on the
register, the registration officer may decide that the name
of that person shall be so entered on the register.
23 . The registration officer shall make such additions Correction of
and corrections in the electors lists (including the absent llsts>
voters list) as are required in order to carry out his
decisions on any objection or claims, and shall also make
any such corrections in those lists by way of the removal
of duplicate entries (subject to any expression of choice
by the person affected as to those entries), the expunging
r) See rules 12 15, pp. 344 345, supru.
s) See rules 911, pp. 342343, supra.
t) See rule 34, pp. 351352, infra.
348
REPRESENTATION OF THE PEOPLE ACT, 1918.
Voting iu
different
polling
districts.
Objections to
correction*.
of the names of persons who are dead or subject to any legal
incapacity (g), or the placing of marks (r) or the correction
of marks placed against the name of an elector, or other-
wise as he thinks necessary in order to secure that no
person is registered as a parliamentary elector in respect
of more than one qualification in the same constituency, or
as a local government elector in respect of more than one
qualification
(a) in the same borough for the purpose of borough
council elections; or
(b) in the same electoral division or ward for the pur-
pose of county council, metropolitan borough
council, and urban district council elections; or
(c) in the same parish or ward of a parish for the
purpose of rural district council, guardians, or
parish elections;
and otherwise to make those lists complete and accurate
as a register.
24. Any person whose name shall appear in the list
of parliamentary voters of any registration unit in any
county constituency or district of boroughs, and who
resides outside the polling district (s) in which he is
entitled to be registered, shall be at liberty to make his
claim (t) before the registration officer to vote at any other
polling place within the same constituency (u).
Any such person shall be admitted to vote at such
polling place accordingly.
25 . Where the registration officer makes any correction
in the lists (including the absent voters list) otherwise
than in pursuance of a claim or objection, or for the pur-
poses of correcting a clerical error, he shall give notice (x)
to the person affected by the correction, and give that person
((/) See pp. 47, 42, 6768, 74, 75 and 82, supra,
(r) See rule 2, pp. 339340, supra.
[si\ See sect. 31, pp. 220222, supra.
(t} As to the time for making this claim and for form, see Order
in Council of June 4th, 1918, rule 5, p. 748, infra.
(n) See ibid., rule 4, p. 748, infra.
(r) See rulo 34, pp. 351352, Vn/w.
REGISTRATION RULES.
an opportunity of objecting to the correction, and, if
necessary, of being heard with respect thereto.
26 . The registration officer shall make' all the necessary Formation of
corrections of the lists (including the absent voters list)
and do everything necessary to form those lists into a
register (with a separate letter and a separate series of
numbers for each polling district (t/)) in time to allow the
publication of the lists so corrected as a register as required
by these rules (z) .
Duty to publish and deliver Copies of the Register.
27 . It shall be the duty of the registration officer to Publication of
publish the spring register not later than the fifteenth day
of April (#), and the autumn register not later than the
fifteenth day of October (a) in each year, fay publishing (>)
a notice that a copy of the register is open to inspection at
his office, and that copies of the part of the register
relating to any registration unit are open to inspection
during business hours in the registration unit at the place
mentioned in the notice.
It shall be the duty of the registration officer to keep
copies of the register for inspection in his office, and also
to arrange for copies of the part of the register relating
to any registration unit being kept for inspection in that
unit either in the principal post office (if the Postmaster
General gives authority for the purpose) or at some other
convenient place to which the public have access to be
arranged by him.
It shall be the duty of the registration officer to transmit,
a copy of the register, as soon as may be after it is pub-
lished, to the Local Government Board.
(y] See Form of Begister, p. 577, infra.
(z) See rules 68, pp. 341342, supra.
(a) As regards tlie first register under the Act, 1st October is
substituted for this date. See pp. 128129, supra.
(b) See rule 31, pp. 350 351, infra. As to the period during
which the first register is to be kept published, see Order in Council
of June 4th, 1918, rule 1, p. 748, infra, and First Schedule, p. 750,
infra.
350
REPRESENTATION OF THE PEOPLE ACT, 1918.
Delivery of
copies of the
register.
28. It shall be the duty of the registration officer, on the
application of any person during business hours and on
payment of the prescribed fee (c), to furnish copies to the
applicant of the register or of so much of the register as
relates to any registration unit.
Notice of
appeal from
registration
officer.
Appeals
relating to
the same
point.
Publication
documents.
Appeals from Registration Officer.
29. A person desiring to appeal against the decision
of a registration officer must give notice of appeal in the
prescribed form (d) to the registration officer and to the
opposite party, if any, when the decision is given or within
five days thereafter, specifying the grounds of appeal.
The registration officer shall forward any such notices
to the county court in manner directed by rules of court (e)
together, in each case, with a statement of the material
facts which, in his opinion, have been established in the
case, and of his decision upon the whole case and on any
point which may be specified as a ground of appeal, and
shall also furnish to the court any further information
which the court may require and which he is able to
furnish .
30. Where it appears to the registration officer that
any notices of appeal given to him are based on similar
grounds, he shall inform (e) the county court of the fact
for the purpose of enabling the county court (if the court
thinks fit) to consolidate the appeals, or select a case as a
test case.
General.
f 31. Where the registration officer by these rules is
required to publish any document, and no specific pro-
vision is made as to the mode of publication, he shall
publish the document by making copies of the document
(c) For the amount of this fee, see Order in Council of June 4th,
1918, rule 2, p. 748, and Second Schedule, p. 751, infra.
(d) For forms, see p. 575 576, infra.
(c) See p. 639, infra.
REGISTRATION RULES. 301
available for inspection by the public in his office, and in
the chief post office (if the Postmaster General gives
authority for the purpose), or some other convenient place
in the area forming the registration unit to which the
document relates and, if he thinks fit, in any other manner
which is, in his opinion, desirable for the purpose of
bringing the contents of the document to the notice of those
interested.
Any document required to be published shall be kept
published for the prescribed time(/).
Any failure to publish a document in accordance with
these rules shall not invalidate the document, but this
provision shall not relieve the registration officer from any
penalty (g) for such a failure.
If any person without lawful authority destroys, muti-
lates, defaces or removes any notice published by the regis-
tration officer in connection with his registration duties, or
any copies of a document which have been made available
for inspection in pursuance of these rules, he shall be
liable on summary conviction to a fine not exceeding five
pounds.
32. The registration officer shall, without fee, on the Dutj of regie-
application of any person, supply forms of claims and to supply
notices of objections. forms.
33. The registration officer shall, on the application of Supply of
any person, allow that person to inspect, and take extracts claims, ob-
from, or on payment of the prescribed fee (h), supply to that J ectlon8 > &c -
person copies of, the electors lists for any registration unit
in his area and any claim or notice of objection made
under these rules.
34. Any claim or notice of objection which is under Mode of
these rules to be sent to the registration officer may be notices* &c.
sent to him by post addressed to him at his office.
(/) See Order in Council of June 4th, 1918, rule 1, p. 748, infra,
and First Schedule, p. 750, infra.
(g) See sect. 13 (1), p. 133, supra.
(h) For the amount of this fee, see Order in Council of June 4th,
1918, rule 2, p. 748, and Second Schedule, p. 751, infra.
852
REPRESENTATION OF THE PEOPLE ACT, 1918.
Information
from house-
holders.
Access to
national
register.
Declaration
as to age and
nationality.
Any notice which is required to be sent by the regis-
tration officer under these rules to any person shall be
sufficiently sent if sent by post to the address of that
person as given by him for the purpose, or as appealing
on the lists, or if there is no such address, to his last known
place of abode .
35. The registration officer may require any house-
holder or any person owning or occupying any land or
premises within his area, or the agent or factor of such
person, to give, in the prescribed form ($), any information
in his possession which the registration officer may require
for the purpose of his duties as registration officer; and if
any person fails to give the required information, or gives
false information, he shall be liable, on summary con-
viction, to a fine not exceeding twenty pounds. Any
notice requiring information under this rule may be sent
by post.
36. The registration officer shall, subject to such direc-
tions (&) as the Local Government Board may give, have
access to the national register compiled under the National
Registration Act, 1915.
37. The registration officer, before registering any
person as an elector, may, if he thinks it necessary
(a) require that person either to produce a certificate
of birth or, if that is not practicable or con-
venient, to make a statutory declaration that
such person has attained the required age, and
(b) require that person to produce a certificate of
naturalisation or to make a statutory declaration
that he is a British subject.
Where a declaration is so required, any fee payable in
connection therewith shall be paid by the registration
officer as part of his registration expenses (?), and the
declaration shall be exempt from stamp duty.
(t) For forms (1 to 6), see pp. 556 561, infra.
(k] See p. 580, infra.
(/) See sect. 15, pp. 139141, supra.
REGISTRATION RULES. 35
The registration officer shall during business hours
allow any person to inspect and take a copy of any such
declaration .
38. Where for the purpose of the provisions of this p werto
Act any person requires a certificate of birth, that person JjJjJjjJJ^J^ f
shall on presenting a written requisition in the prescribed birth at
form (m) and containing the prescribed particulars, and on r
payment of a fee of sixpence, be entitled to obtain a certi-
fied copy of any entry of the birth of that person in the
birth register under the hand of the registrar or the super-
intendent registrar having the custody thereof, and form,-
of requisition for the purpose shall on application b
supplied without charge by every registrar of births and
deaths and by every superintendent registrar.
39. On the consideration of any claim or objection oj Hearing of
other matter by the registration officer, any person ap- oty^tkms.
pearing to the registration officer to be interested may
appear and be heard either in person or by any other
person, other than counsel, on his behalf.
40 . The registration officer may at the request of any Power to
person interested, or if he thinks fit without such request,
on the consideration of any claim or objection or other oath,
matter require that the evidence tendered by any person
should be given on oath and may administer an oath for
the purpose.
41 . No misnomer or inaccurate description of any Provisions as
person or place on any list or on the register or in any or^^uTate
notice shall prejudice the operation of this Act or these description,
rules as respects that person or place, provided that the
person or place is so designated as to be commonly under-
stood.
42. In reckoning time for the purpose of these rules. Reckoning of
Sunday, Christmas Day, Good Friday, and any bank tlme>
holiday or day set apart as a public holiday, or day of
(m) See p. 576, infra.
F. 23
354 REPKESENTATION OF THE PEOPLE ACT, 1918.
public fast, or public thanksgiving shall be excluded; and
where anything is required by these rules to be done on
any day falls to be done on any such day, that thing
may be done on the next day not being one of any such
days .
Application of Rules to Scotland and Ireland.
Application 43. These rules shall apply to Scotland subject to the
to Scotland. ... . >,, i
following modifications, namely:
The Secretary for Scotland shall be substituted for the
Local Government Board:
The provision for the transmission of a copy of the
register to the Local Government Board shall not
apply:
Rule 2 shall apply as if after the words " in separate
divisions" there were inserted the words "or other-
wise to distinguish:"
For the reference to section twenty-four of the Munici-
pal Elections (Corrupt and Illegal Practices) Act,
1884, there shall be substituted a reference to section
twenty-nine of the Elections (Scotland) (Corrupt
and Illegal Practices) Act, 1890.
44. These rules shall apply to Ireland subject to the
following modifications, namely:
(1) References to the Local Government Board shall
be construed as references to the Local Govern-
ment Board for Ireland.
(2) The district electoral division as constituted under
the Local Government (Ireland) Act, 1898, shall
be the registration unit; but
(a) where a district electoral division is
divided into wards, each such ward shall be
treated as a separate registration unit; and
(b) where a district electoral division is
situate partly in one parliamentary polling
district, partly in another, or partly within and
REGISTRATION RULES (IRELAND). 366
partly without any town (within the meaning
of the Local Government (Ireland) Act, 1898),
or ward of a borough or town, each part shall
be treated as a separate registration unit;
and references to parishes or parts of parishes
shall not apply.
(3) References to the autumn register shall be construed
as references to the yearly register, and refer-
ences to the spring register shall not apply.
(4) The expression " overseers " includes town clerks,
secretaries of county councils, clerks of urban
district councils, existing clerks of the union
within the meaning of the Local Government
(Ireland) Act, 1898, and collectors of poor rate.
(5) The power of the registration officer in certain cases
to require the overseers to perform duties in con-
nection with registration under this Act shall be
construed in all cases as an obligation upon him
to require each person holding the office of over-
seer to perform duties analogous to the duties
which, but for the passing of this Act, would
have been performed by that person by virtue
of his office under the enactments relative to
registration in force at the commencement of this
Act, and it shall be the duty of every such person
to comply with those requirements.
In order to give full effect to the foregoing
provision the clerk of the crown and peace for
a county borough shall, as respects any parlia-
mentary borough for which he is registration
officer, appoint the town clerk of the county
borough to act as his deputy for the purposes
of Eules 9 to 15 and for the purpose of pub-
lishing the lists and notices to be published under
Rules 6 and 8 of this Schedule if the town clerk
so desires, and any town clerk so appointed shall,
23 (2)
REPRESENTATION OF THE PEOPLE ACT, 1918.
for the purposes aforesaid, have the like powers
and duties and be subject to the like liabilities
as if he were registration officer.
Any question which may arise as to what
duties are analogous duties within the meaning
of the provision aforesaid shall be determined by
the Local Government Board, whose determina-
tion shall be final.
(6) The overseers shall be entitled to payment for ser-
vices performed and expenses incurred by them
in the execution of any duties under these rules.
The payments shall be made at such times as
may be fixed by order of the Local Government
Board for Ireland under this Schedule, and any
sum payable to an overseer under this provision
shall be treated for the purposes of this Act as
part of the registration expenses of the regis-
tration officer on whose requisition the services
were performed or the expenses were incurred.
This provision shall apply to any superin-
tendent registrar of births and deaths or clerk
of the union who is not an existing clerk of
the union, so far as respects lists or informa-
tion supplied by him on the requisition of the
registration officer in connection with deaths in
like manner as it applies to overseers.
(7) Th reference to the authority whose officer the
registration officer is, or by whom he is ap-
pointed, shall be construed as a reference to the
.county borough council in the case of registration
units in a county borough, and as a reference to
the county council in the case of registration
units in an administrative county, and the regis-
ter for any registration unit in an administrative
county shall be arranged alphabetically in town-
land order if the county council consider that
such arrangement is more convenient than
SECOND SCHEDULE. 357
arrangement in alphabetical order of names or
in street order.
(8) Rule 2 of this Schedule shall be construed as if the
words " or otherwise to distinguish " were in-
serted after the words " in separate divisions,"
and as if the direction as to placing marks
against the names of local government electors
were omitted.
(9) For the direction to the registration officer in
Eule 23 of this schedule to secure that no person
is registered as a local government elector in
respect of more than one qualification in the areas
and for the purposes therein specified, there shall
be substituted a direction to secure that no person
is registered as a local government elector in
respect of more than one qualification in the same
district electoral division or ward.
SECOND SCHEDULE. Section 21 (i)'.
PART I. ().
MODIFICATIONS OF THE BALLOT ACT, 1872 ( FIRST
SCHEDULE).
The following provisions shall be inserted in the First
Schedule to the Ballot Act, 1872, after Rules "2 and 14
respectively (o), that is to say:
" 2A. In an election of members to serve in a new Par-
liament of the United Kingdom the day fixed
by the returning officer for the election shall in
all cases be the eighth day after the date of His
Majesty's gracious Proclamation declaring the
calling of the Parliament."
(n) See sect. 21 (1), set out on p. 161, supra.
(o) For Eules 2 and 14, see pp. 682683 and 685 respectively.
358 REPRESENTATION OF THE PEOPLE ACT, 1918.
"14A. In an election of members to serve in a new
Parliament of the United Kingdom, the day
appointed by the returning officer for the poll
shall in all cases be the ninth day after the day
fixed for the election."
Section 22 (2). PART II. (p) .
Questions.
1 . In the case of a man voting in respect of a residence
qualification
Have you already voted at this general election in
respect of a residence qualification?
2. In the case of a man voting in respect of a qualifica-
tion other than a residence qualification-
Have you already voted at this general election in
respect of a qualification other than a residence
qualification ?
3. In the case of a woman voting at an election other
than a university election
Have you already voted at this general election?
[NOTE. Unless the answer to the question is in
the negative the woman shall not vote unless she
satisfies the presiding officer that her previous vote
was given at a university election.]
Declarations at University Election (q) .
(Applicable only at a General Election.)
(In the case of a man) " I have not voted at this
general election in respect of any qualification other than
a residence qualification."
(In the case of a woman) " I have not voted at this
general election for any other university constituency."
(p) See sect. 22 (2), set out on p. 165, supra, and see also
pp. 167 172, $upra.
(q) See p. 172, supra.
VOTING BY PROXY.
THIRD SCHEDULE. Section 23
PROVISIONS AS TO VOTING BY PROXY (r) .
1 . A proxy must be appointed by means of a proxy
paper issued to the elector, or to some person on behalf of
the elector, or to the person appointed as proxy, by the
registration officer of the constituency in which the elector
is registered, on an application made or authorised by the
elector in accordance with regulations (s) under this Act.
2. After a proxy paper for any constituency has been
issued in accordance with this Act, the elector shall, unless
the proxy paper is cancelled in accordance with this Act,
(a) be entitled to vote by proxy in that constituency;
and
(b) be prohibited from voting otherwise than by proxy
in that constituency;
until the time for which the proxy paper is in force has
expired.
3 . It shall be the duty of the registration officer, on any
application for a proxy paper, to issue a proxy paper to
the applicant, or to some person on his behalf, or to the
person appointed as proxy, if he is satisfied that the appli-
cant is registered on the parliamentary register of electors
for the constituency in respect of which the application
is made, and is, at the time of the application, entitled
to appoint a proxy (t).
4. A proxy paper shall remain in force only so long
as the parliamentary register of electors which is in force
at the time the proxy paper ie issued remains in force (u) :
Provided that a proxy paper issued during the con-
tinuance of the present war, or a period of twelve months
thereafter, shall remain in force until the termination of
(r) See sect. 23 (4) (d), set out on p. 176, supra,
(s] For these regulations, see the Proxy Paper Order, 1918,
p. 754 et seq.
(0 See sect. 23 (4), pp. 174-?- 176, supra.
(M) See sect. 11, set out on p. 125, supra.
360 REPRESENTATION OF THE PEOPLE ACT, 1918.
that period, so long as the elector continues to be regis-
tered and the proxy paper is not cancelled.
5 . A person shall not be appointed as proxy under this
Act, unless the person appointed is the wife, husband,
parent, brother, or sister of the elector, or is registered
as a parliamentary elector for the constituency or one of
the constituencies in which the elector is registered:
Provided that the brother or sister shall not be capable
of being appointed proxy unless of full age (w).
6. An elector shall not appoint more than one person
as proxy to vote on his behalf in the same constituency,
and in any case not more than two persons (x).
7 . A person shall not vote as proxy on behalf of more
than two absent voters at an election in any constituency,
unless that person is voting as the husband or wife, or
the parent, brother, or sister of the absent voter.
8. A registration officer shall keep a list of absent
voters (y) entitled to vote by proxy in any constituency
within his. area, and of the persons entitled to vote as
proxies, and that list shall be open to inspection during
business hours at some convenient place named by the
registration officer in the constituency.
A registration officer shall, on the application of any
person, allow that person to take extracts from, or, on pay-
ment of the prescribed fee (z), supply to that person copies
of the list.
9. The Ballot Act, 1872 (a), and any other Act regu-
lating the holding of parliamentary elections (&), including
() See p. 4, supra.
(x) See sect. 8 (1), set out on pp. 100101, supra,
(y) See First Schedule, Rules 16, 17, pp. 345346, supra.
(z) For this fee, see Order in Council of June 4th, 1918, rule 2,
p. 748, and Second Schedule, p. 751, infra.
(a) See p. 672 tt seq.
(b) This would include the Corrupt and Illegal Practices (Preven-
tion) Acts, 1883 and 1895, and the present Act.
VOTING BY PROXY.
any provisions imposing penalties (c) in connection with
voting at those elections, shall apply to persons voting
as proxies in pursuance of this Act as they apply to voters,
however described in those Acts, with such modifications
as may be prescribed (d) for the purpose of adapting the
provisions of those Acts to voting by proxy; and any pro-
visions of those Acts imposing penalties for offences in
connection with ballot papers or the official mark on a
ballot paper may be applied by the regulations (e) to proxy
papers and any official mark on a proxy paper.
10. If any person
(a) who is for the time being entitled to vote by
proxy (/) in a constituency under this Act,
himself votes or attempts to vote at any parlia-
mentary election in that constituency other-
wise than by means of the proxy paper, while
the proxy paper is in force; or
(b) votes or attempts to vote as proxy on behalf of
more than two absent voters at an election
in any constituency unless: that person is voting
as the husband or wife, or the parent, brother,
or sister of the absent voter; or
(c) votes or attempts to vote at any election under
the authority of a proxy paper when he knows
or has reasonable grounds for supposing that
the proxy paper has been cancelled, or that
the elector to whom or on whose behalf the
proxy paper has been issued is dead or no
longer entitled to vote at that election ;
that person shall be guilty of an illegal practice (g) within
(c) See pp. 285286, 287292, heading (3) on pp. 294295, and
heading (12) on p. 298, supra.
(d) Up to the time of going to press no such modifications have
been prescribed.
(e) These regulations have not at the time of going to press been
made.
(/) See sect. 23 (4), set out on pp. 174176, supra,
(g) See p. 299, supra.
362 REPRESENTATION OF THE PEOPLE ACT, 1918.
the meaning of the Corrupt and Illegal Practices Preven-
tion Act, 1883, and the expression " illegal practice " shall
be construed accordingly: Provided that the court before
whom a person is convicted under this provision may, if
they think it just in the special circumstances of the case,
mitigate or entirely remit any incapacity imposed by
section ten of the Corrupt and Illegal Practices Prevention
Act, 1883 (A).
11. A ballot paper shall not be delivered to a person
who claims to vote as proxy for the purpose of so voting
unless he produces the proxy paper to the presiding officer
at the polling station, and such questions may be asked of
any person at a parliamentary election who claims to vote
as proxy for any elector (in addition to those already
authorised to be asked ()) as may be prescribed (fc).
12. Stamp duty shall not be chargeable on any proxy
paper under this Act.
13. A proxy paper may be cancelled by an elector by
giving notice to the registration officer in the prescribed
form (Z).
14. A notice cancelling a proxy paper shall not take
effect as respects any election unless it is received by the
registration officer before the day of nomination (ra) .
15 . In the application of this schedule to Scotland the
expression " the registration officer of the constituency in
which the elector is registered " means " the registration
officer of the registration area in which the elector is
registered."
(/) See p. 299, supra,
(i) See pp. 167 172, supra.
(k) At the time of going to press these questions have not been
prescribed.
(1} For this form, see p. 757, infra.
(m) See pp. 179180, supra.
MAXIMUM SCALE OF ELECTION EXPENSES.
FOURTH SCHEDULE. Seall concerned .
24. When the poll begins, the voting papers shall be
opened and examined by the registrar in the presence of
the Vice-Chancellor and any candidate or agent of a candi-
date who may attend, and the voting papers found to be
marked with the official mark and the number on the
back as appearing on the counterfoil, and otherwise
regular, shall be put apart until the end of the poll. Any
voting paper which has not the official mark and the
number on the back as appearing on the counterfoil, or
which is in the opinion of the Vice-Chancellor otherwise
invalid, shall not be counted as a vote in the election, but
shall be sealed up in a paper apart, marked on the back
thereof with the words " voting papers received but dis-
allowed," and initialled by the Vice-Chancellor.
25 . It shall be lawful for any candidate or the agent of
any candidate who may be in attendance at the poll, to
inspect any voting paper and to object to it on one or
more of the following grounds:
(1) That the elector named in the voting paper lias
already voted at that election:
(2) That the person giving a vote by the voting paper
is not qualified to vote:
(3) That the voting papor is forged or falsified:
(4) That the voting paper is wanting in any of the
essential conditions required by this Act:
Provided, that in case the objection offered to any voting
paper shall be that it is forged or falsified, such voting
paper shall not on that ground alone be disallowed by the
380 REPRESENTATION OF THE PEOPLE ACT, 1918.
Vice-Chancellor, but he shall write upon it, " objected to
as forged," or, "objected to as falsified," together with
the name of the person making such objection.
26. No voting paper shall be counted which does not
reach the registrar before ten of the clock on the morning
of the day on which the poll closes.
Counting of Votes.
27. After the poll is closed all voting papers received
at any polling place shall be placed in a proper receptacle
and sealed up and delivered to the returning officer, and
the returning officer shall, as soon as practicable after the
receipt of the votes from all the polling places, count the
votes and publish (o) the result.
28 . Where an equality of votes is found to exist between
any candidates on a final count and the addition of a vote
would entitle any of those candidates to be declared elected,
the returning officer may give a deciding vote, but the
returning officer shall not be entitled to vote at the election
in any other case.
General.
29. Arrangements may be made for counting votes at
an election for the combined university constituency at
each of the universities forming the combination, if the
transferable vote (p) is not used at that election, and for a
record of the votes counted at each University being sent
to the returning officer for the combined constituency in
order that ho may ascertain and declare the result of the
election .
30. The returning officer shall appoint such deputies
and clerks as he may think necessary for the proper holding
of the election, and shall supply forms of nomination
papers.
(o) See clause 37, p. 382, infra.
(p] See sect. 20 (1), p. 155, and pp. 158160, supra.
UNIVERSITY ELECTIONS (SCOTLAND). 381
31. All voting papers received and counted at an elec-
tion, and the counterfoils thereof, as well as any voting
papers disallowed for informality, or on any other ground,
and the counterfoils thereof, shall be filed, and, along with
any copy of the register used for the purposes of said
election, shall be kept by the returning officer for a period
of twelve months after the closing of the poll.
32. Any person falsely or fraudulently signing any
voting paper in the name of any other person, either as
a voter or as a witness, and every person signing, certi-
fying, attesting, or transmitting as genuine any false or
falsified voting paper, knowing the same to be false or
falsified, or with fraudulent intent altering, defacing,
destroying, withholding, or obstructing any voting paper,
shall be guilty of a crime and offence, and shall be punish-
able by fine or imprisonment for a term not exceeding
one year.
33. No such voting paper as herein-before mentioned
shall be liable to any stamp duty.
34. Any expenses reasonably incurred by the Vice-
Chancellor of each University in connection with the
arrangements for an election shall be repaid to him by
that University: Provided that any expenses so incurred
by the returning officer in connection with the nomination
and the counting of votes shall be paid in equal shares by
the four Universities forming the constituency.
35. If any person, for the purpose of enabling any
other person to vote at a university election, corruptly
pays on his behalf any fees which such other person is
required to pay in order to be registered or entitled to vote,
he shall be guilty of an illegal pnactioe (q) within the
meaning of the Corrupt and Illegal Practices Prevention
Act, 1883, and that Act shall apply accordingly.
36. In reckoning time for the purpose of the provi-
(q) See p. 166,
382 REPRESENTATION OF THE PEOPLE ACT, 1918.
sions in this Schedule, Sunday, Christmas Day, and any
day set apart as a bank or public holiday or public fast or
public thanksgiving shall be, excluded; and where anything
required by these provisions to be done on any day falls
to be done on any such day it may be done on the next
day not being one of any such days.
37 . If regulations () are made under tliis Act as to the
mariner in which public notice is to be given under the
provisions of this Schedule, public notice shall be given
in manner directed under any such regulations for the
time being in force, and if no such regulations are in
force shall be given in such manner as the returning officer
or the Vice-Chancellor as the case may be, considers best
fitted for giving notice to the persons concerned.
38. An election shall not be declared invalid by reason
of non-compliance with these provisions if it appears to
the tribunal having jurisdiction that the election was con-
ducted in accordance with the principle of these provisions
and that the non-compliance with these provisions did
not affect the result of the election.
39. Where the Vice-Chancellor or registrar of any
University is absent, or is incapacitated by illness for
discharging any duty required of him by this Act, or if
the office of Vice-Chancellor or of registrar shall be vacant,
the duties by this Act imposed on the Vice-Chancellor or
registrar respectively shall be discharged by a person ap-
pointed for that purpose by the University Court of such
University; and such person shall in that respect, but in
no other, act for the time as and be deemed to be Vice-
Chancellor or registrar of such University.
() At the time of going to press no regulations have been issued.
UNIVERSITY ELECTIONS (SCOTLAND).
383
FORM A.
UNIVERSITY OF (Name of University) VOTING PAPER.
No. (number of elector as on the register).
I, A. B. (here give the elector's name in full
of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
WANDS WORTH.
Contents of Parliamentary Borough.
Metropolitan borough of Wandsworth.
Total number of Members for Parliamentary Borough.
Five.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
BALHAM AND TOOTING.
Tooting Ward and the part of Balham Ward which
in not included in the Clapham Division.
CENTRAL.
Fairfield and Springfield Wards.
CLAPHAM.
Clapham North and Clapham South Wards, and
the part of Balham Ward which lies to the east
and north of a line drawn from the point where the
northern boundary of that ward crosses Balham
Hill, along the middle of Balham Hill and Balham
High Eoad to a point in that road opposite the
middle of Ormeley Road, thence along the middle
of Ormeley Road to a point opposite the middle of
,that road in Cavendish Road, and thence in a
F. 27
418 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) LONDON continued.
southerly direction along the middle of Cavendish
Eoad to the middle of Emmanuel Road, thence
along the middle of Emmanuel Road to the ward
boundary near the western end of the last-named
road.
PUTNEY.
Putney and Southfields Wards.
STREATHAM.
The Streatham Ward.
Name of Parliamentary Borough.
WESTMINSTER.
Contents of Parliamentary Borough.
Metropolitan borough of Westminster.
Total member of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
ABBEY.
Covent Garden, Great Maiiborough, Pall Mall,
Regent, St. Anne, St. John, St. Margaret, Strand,
and Charing Cross Wards, except the part of
Charing Cross Ward which is included in the St.
George's Division.
ST. GEORGE'S.
Conduit, Grosvenor, Hamlet of Knightsbridge,
Knightsbridge St. George's and Victoria Wards,
and the part of Charing Cross Ward which lies to
the south and west of a line drawn from the ward
boundary at the centre of Wellington Arch, along
the middle of Constitution Hill, thence along the
middle of the road to the north and east of the
Queen Victoria Memorial, thence along the middle
of Spur Road to the boundary of St. Margaret
Ward.
PARLIAMENTARY BOROUGHS. 419
(1)
Name of Parliamentary Borough.
WOOLWICH.
Contents of Parliamentary Borough.
Metropolitan borough of Woolwich .
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
EAST.
Barrage, Central, Glyndon, St. Margaret's and St.
Nicholas Wards.
WEST.
Dockyard, Eltham, Herbert, River, St. George's
and St. Mary's Wards.
(2) ENGLAND, EXCLUDING LONDON AND MONMOUTHSHIRE.
Name of Parliamentary Borough.
ACCRINGTON.
Contents of Parliamentary Borough.
Municipal borough of Accrington and urban districts of Church,
Clayton -le-Moors, Oswaldtwistle and Rishton.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
ASHTON-UNDER-LYNE.
Contents of Parliamentary Borough.
Municipal borough of Ashton-under-Lyne and urban district of
Hurst.
27(2)
420 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE con td
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
BARNSLEY.
Contents of Parliamentary Borough.
County borough of Barnsley and urban districts of Ardsley,
Darton and Monk Bretton.
Total number of Members for Parliamentary Borough.
One,
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
BARROW-IN-FURNESS.
Contents of Parliamentary Borough.
County borough of Barrow-in-Furness.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
BATH.
Contents of Parliamentary Borough.
County borough of Bath.
PARLIAMENTARY BOROUGHS. 421
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
BATLEY AND MORLEY,
Contents of Parliamentary Borough.
' Municipal boroughs of Batley, Morley and Ossett.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
BIRKENHEAD.
Contents of Parliamentary Borough.
County borough of Birkenhead.
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
EAST.
Argyle, Bebington, Clifton, Egerton and Mersey
Wards, together with the part of the borough which
lies between the eastern boundary of Argyle, Mersey
and Bebington Wards and the centre of the bed of
the River Mersey.
WEST.
Claughton, Cleveland, Grange and Oxton Wards.
422 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
BIRMINGHAM.
Contents of Parliamentary Borough.
County borough of Birmingham.
Total number of Members for Parliamentary Borough.
Twelve.
Names of Divisions of
Parliamentary "Borough. Contents or Boundaries of Divisions.
ASTON .
Aston Ward and Lozells Ward (except those, parts
which lie between the southern and south-eastern
boundaries thereof and the line next hereinafter de-
scribed) and the part of each of the All Saints and
St. Mary's Wards which lies to the north of the said
line.
The line above referred to commences at the south-
west corner of Lozells Ward in the middle of
Hunter's Road, continues south along the middle of
that road, the middle of Farm Street, Burbury
Street, Gordon Street, Berners Street, Clifford
Street, Guilclford Street, Paddington Street, Por-
chester Street, Summer Lane, Asylum Road, High
Street, Phillips Street, Aston Road North, White-
house Street, Chester Street and Avenue Road to
the middle of the Birmingham and Fazeley Canal,
thence in a north-easterly direction along the middle
of the Canal to the point where the middle of the
Canal intersects the boundary of Aston Ward.
DERITEND.
St. Bartholomew's and St. Martin's and Deritend
Wards.
DUDDESTON.
Duddeston and Neehells Ward, St. Mary's Ward
(except the part thereof included in the Aston Divi-
sion), and so much of the portion of Aston Ward
PARLIAMENTARY BOROUGHS.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRECOW^.
which is not included in the Aston Division as lies
to the west of the London and North Western Rail-
way.
EDGE ASTON.
Edgbaston, Harborne and Market Hall Wards.
ERDIXGTON.
Erdington North, Erdington South and Washwood
Heath Wards, and the part of Aston Ward which
is not included in the Aston and the Duddeston
Divisions.
HANDSWORTH.
Handsworth, Sandwell and Soho Wards.
KING'S NORTON.
Northfield and Selly Oak Wards and the part of
King's Norton Ward which is not included in the
Moseley Division.
LADYWOOD.
Ladywood and Rotton Park Wards.
MOSELEY.
(a) Acocks Green and Sparkhill Wards;
(b) The parts of Balsall Heath and Sparkbrook
Wards which are not included in the Sparkbrook
Division;
(c) Moseley and King's Heath Ward (except the
part thereof included in the Sparkbrook Division);
and
(d) The part of King's Norton Ward which lies
to the north of Bells Lane and to the east and
south-east of the middle of Monyhull Hall Road
and Brandwood Road.
SPARKBROOK.
(a) Balsall Heath and Sparkbrook Wards (except
the parts thereof which lie to the south and east of
the line hereinafter described); and
(b) The part of Moseley and King's Heath Ward
which lies to the north of the last-mentioned line.
424 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
The line referred to in paragraphs (a) and (b) above
is a line commencing at the point where the boun-
dary between Balsall Heath, and Moseley and
Bong's Hetath Wardss intersects the middle of Mose-
ley Road, thence proceeding along the middle of
that road to Brighton Road, along the middle of
Brighton Road, Kingswood Road, Newport Road,
Church Road, Woodstock Road, and Anderton Park
Road to Stoney Lane, thence along the middle of
Stoney Lane to the middle of Stratford Road, thence
along the middle of that road, the middle of Wai-
ford Road and Golden Hillock Road to the middle
of the Birmingham and Warwick Canal, thence
southerly along the middle of that canal to the
middle of the Great Western Railway, thence along
the middle of that railway to its intersection with
the southern boundary of Sparkbrook Ward.
WEST BIRMINGHAM.
St. Paul's Ward, All Saints Ward (except the part
thereof included in the Aston Division) and the part
of Lozells Ward which is not included in the Aston
Division.
YARDLEY.
Saltley, Small Heath and Yardley Wards.
Name of Parliamentary Borough.
BLACKBURN.
Contents of Parliamentary Borough.
County borough of Blackburn.
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
PARLIAMENTARY BOROUGHS. 425
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
BLACKPOOL.
Contents of Parliamentary Borough.
County borough of Blackpool, urban districts of Bispham with
Norbreck, Lytham and St. Anne's-on-the-Sea, and the part
of the civil parish of Carleton which in pursuance of the
Blackpool Improvement Act, 1917, becomes part of the
county borough of Blackpool on 1st April, 1918.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
BOLTON.
Contents of Parliamentary Borough.
County borough of Bolton.
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
BOOTLE.
Contents of Parliamentary Borough.
County borough of Bootle.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
426 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
BOURNEMOUTH.
Contents of Parliamentary Borough.
County borough of Bournemouth.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
BRADFORD.
Contents of Parliamentary Borough.
County borough c-f Bradford .
'Total number of Members for Parliamentary Borotigh.
Four.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
CENTRAL.
East, Exchange, Manningham, North, South and
West Wards. '
EAST.
Bradford Moor, East Bowling, Tong and West
Bowling Wards.
NORTH.
Allerton, Bolton, Eccloshill, Heaton, Idle and
Thornton Wards.
SOUTH.
Great Horton, Lister Hills, Little Horton, North
Bierley East and North Bierley West Wards.
PARLIAMENTARY BOROUGHS. 427
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
BRIGHTON.
Contents of Parliamentary Borough.
County borough of Brighton and municipal borough of Hove.
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
BRISTOL.
Contents of Parliamentary BorougJt.
County borough of Bristol.
Total number of Members for Parliamentary Borough.
Five.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
CENTRAL.
Central East, Central West, Eedcliff, St. Augus-
tine, St. James, St. Paul, and St. Philip and Jacob
South Wards.
EAST;.
St. George East and St. George West Wards; the
part of Easton Ward which is bounded on the
north by a line commencing at the, junction of
Stapleton Road with the road leading to the Staple-
ton Road Railway Station and proceeding along the
middle of the last-mentioned road to the backs of
the houses in Berwick Road and Henrietta Street,
thence along the said backs of houses to St. Mark's
Avenue, along the middle of St. Mark's Avenue
and Bellevue Road to the southern end thereof,
thence in a straight line to the middle of King
Street, along the middle of King Street and Chel-
428
REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLANB, excluding LONDON and MONMOUTHSHIRE contd.
sea Park to the eastern boundary of the ward; and
the part of Somerset Ward which is bounded on
the west by a line commencing in the Biver Avon
at the north-west corner of the Castle Rope Works
and proceeding along the western boundary of those
works and the eastern boundary of Redcliff Ceme-
tery to Bath Road, thence along the middle of Bath
Road to the north-east corner of the Roman Catho-
lic Cemetery, thence along the eastern and southern
boundaries of that cemetery, thence in a southerly
direction along the western boundary of the en-
closure which adjoins the east side of Arno's Vale
Cemetery, thence in an easterly direction along the
southern boundary of the last-mentioned enclosure
for a distance of 200 feet, thence in a south-easterly
direction in a straight line to the junction of Ken-
sington Park Road and Lodway Road, and thence
along the middle of Lodway Road to the city boun-
dary in Talbot Road.
NORTH.
SOUTH.
WEST.
District, St. Philip and Jacob North, and Staple-
ton Wards, and the part of Easton Ward which is
not included in the East Division.
Bedminster East, Beclminster West, and Southville
Wards, and the part of Somerset Ward which is
not included in the East Division.
Clifton North, Clifton South, Horfield, Holland,
St. Michael and Westbury on Trym Wards.
Name of Parliamentary Boroiigh.
BROMLEY.
Contents of Parliamentary Borough.
Municipal borough of Bromley and urban districts of Beckenham
and Penge.
PARLIAMENTARY BOROUGHS. 429
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
BURNLEY.
Contents of Parliamentary Borough.
County borough of Burnley.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
BURY.
Contents of Parliamentary Borough.
County borough of Bury and urban district of Tottington,
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
CAMBRIDGE.
Contents of Parliamentary Borough.
Municipal borouch of Cambridge .
Total number of Members for Parliamentary Borough.
One.
430 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIR
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
CARLISLE.
.Contents of Parliamentary
County borough of Carlisle.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Division*.
Name of Parliamentary Borough.
CHELTENHAM.
Contents of Parliamentary Borough.
Municipal borough of Cheltenham and urban district of Charlton
Kings.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Division*
Name of Parliamentary Borough.
COVENTRY.
Contents of Parliamentary Borough.
County borough of Coventry.
Total number of Members for Parliamentary Borough.
One.
PARLIAMENTARY BOROUGHS. 431
'2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
CROYDON.
Contents of Parliamentary Borough.
County borough of Croydon.
Total number of Members for Parliamentary Borough.
Two.
N mnes of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
NORTH.
North, South Norwood and Upper Norwood Wards,
SOUTH.
Central, East, South and West Wards.
JVame of Parliamentary Borough.
DARLINGTON.
Contents of Parliamentary Borough.
County borough of Darlington.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
DERBY.
Contents of Parliamentary Borough.
County borough of Derby.
432 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contcl.
Total member of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
DEWSBUKY.
Contents of Parliamentary Borough.
County borough of Dewsbury.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
DUDLEY.
Contents of Parliamentary Borough.
County borough of Dudley and civil parish of Dudley Castle Hill,
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
EALING.
Contents of Parliamentary Borough.
Municipal borough of Baling .
Total number of Members for Parliamentary Borough.
One.
PARLIAMENTARY BOROUGHS. 433
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
EAST HAM.
Contents of Parliamentary Borough.
County borough of East Ham.
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
NORTH.
Manor Park, Plashet East and Plashet West Wards .
SOUTH.
Beckton and North Woolwich, Central East and
Central West Wards.
Name of Parliamentary Borough.
ECCLES.'
Contents of Parliamentary Borough.
Municipal borough of Eccles and urban district of Swinton and
Pendlebury.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
EDMONTON.
Contents of Parliamentary Borough.
Urban district of Edmonton.
F. 28
4-'*4 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
EXETER.
Contents of Parliamentary Borough.
County borough of Exeter, including Exeter Castle Yard and
Devon County Prison and Constabulary Barracks.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
GATESHEAD.
Contents of Parliamentary Borough.
County borough of Gateshead.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
GLOUCESTER.
Contents of Parliamentary Borough.
County borough of Gloucester.
Total number of Members for Parliamentary Borough.
One.
PARLIAMENTARY BOROUGHS. 435
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE ccmtd:
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
GREAT YARMOUTH.
Contents of Parliamentary Borough.
County borough of Great Yarmouth.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
GRIMSBY.
Contents of Parliamentary Borough.
County borough of Grimsby and urban district of Cleethorpes.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
HALIFAX.
Contents of Parliamentary Borough.
County borough of Halifax.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
28-(2)
436 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
THE HARTLEPOOLS.
Contents of Parliamentary Borough.
County borough of West Hartlepool and municipal borough of
Hartlepool.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
HASTINGS.
Contents of Parliamentary Borough.
County borough of Hastings.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
HORNSEY.
Contents of Parliamentary Borough.
Municipal borough of Hornsey.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. 'Contents or Boundaries of Divisions.
PARLIAMENTARY BOROUGHS. 437
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
HUDDERSFIELD.
Contents of Parliamentary Borough.
County borough of Huddersfield.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
HYTHE.
Contents of Parliamentary Borough.
Municipal boroughs of Hythe and Folkestone, the urban district
of Cheriton and so much of the urban district of Sandgate as
is not comprised in the municipal borough of Folkestone.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
ILFORD.
Contents of Parliamentary Borough.
Urban district of Ilford.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
438 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
IPSWICH.
Contents of Parliamentary Borough.
County borough of Ipswich.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
. Name of Parliamentary Borough.
KINGSTON-UPON-HULL .
Contents of Parliamentary Borough.
County borough of Kingston-upon-Hull.
Total number of Members for Parliamentary Borough.
Four.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
CENTRAL.
Beverley, East Central, My ton, Paragon, West
Central and Whitefriars Wards.
EAST.
Alexandra, Drypool and Southcoates Wards.
NORTH WEST.
Albert, Botanic, Newland and Park Wards.
SOUTH WEST.
Coltman, North Newington and South Newington
Wards.
Name of Parliamentary Borough.
KINGSTON-UPON-THAMES .
Contents of Parliamentary Borough.
Municipal borough of Kingston-upon-Thames and urban districts
of Surbiton, and The Maidens and Coombe.
PARLIAMENTARY BOROUGHS. 439
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
LEEDS.
Contents of Parliamentary Borough.
County borough of Leeds.
Total number of Members for Parliamentary Borough.
Six.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
CENTRA'L.
Central, Mill Hill, South and West Wards; the
part of Brunswick Ward which lies to the south of
that part of the boundary of the ancient township
of Leeds which lies between the ward boundaries
in Buslingthorpe Lane and Chapeltown Road, the
part of Headingley Ward which lies to the east and
south of a line commencing at the ward boundary
where the North Eastern Railway Company's Leeds
Northern Line crosses the middle of the river Aire
and drawn along the middle of that railway to the
footbridge over the same at a point to the east of
the bandstand in Buiiey Recreation Ground, thence
in a straight line to the middle of the western end
of Alexandra Road, thence along the middle of
Alexandra Road to Hyde Park Road, thence in a
southerly direction along the middle of Hyde Park
Road to the ward boundary at the junction of that
road with Woodsley Road; and the part of North
West Ward which lies to the east and south of a
440 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
line commencing at the ward boundary at the junc-
tion of Hyde Park Road and the back road nearly
opposite Hyde Park Terrace and drawn along the
middle of the said back road to Woodhouse Lane,
thence along the middle of Woodhouse Lane, St.
Mark's Street, St. Mark's Road and New Camp
Road to the ward boundary at the junction of the
last-named road, Servia Road and Servia Terrace.
NORTH.
The parts of Brunswick, Headingley and North-
West Wards which are not included in the Central
Division, and the part of North Ward which is
not included in the North-East Division.
NORTH-EAST.
Roundhay, Seacroft, Shadwell and Crossgates
Ward; the part of North Ward which lies to the
east and south of a line commencing at a point in
the ward boundary in Harrogate Road opposite the
western corner of the Old Church Grave Yard and
drawn to and along the western, southern and eastern
walls of that graveyard to ia point immediately oppo-
site the south-eastern corner of the Old Church,
thence proceeding in a straight line to the middle
of the roadway at the head of the lake in Gledhow
Park, thence along the middle of the Gledhow Beck
to a point near Tan House Well where the beck
is joined by a stream which passes near the western
side of Allerton Grange, thence in a straight line
to a point in the eastern boundary of North Ward
where that boundary coming south from Oxley Hill
changes direction eastward near Donisthorpe House;
and the part of North-East Ward which is not in-
cluded in the South-East Division.
SOUTH.
Holbeck and West Hunslet Wards, and the part of
New Wortley Ward which lies to the south and east
PARLIAMENTARY BOROUGHS. 441
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
of a line commencing at the ward boundary where
the footpath leading from Gelderd Road to the
Upper and Lower Wortley Cemetery crosses the
Great Northern Railway Company's West Yorks
Railway and drawn along the middle of that rail-
way to the boundary between the New Wortley and
Holbeck Wards north-east of Holbeck Railway
Station.
SOUTH-EAST.
East and East Hunslet Wards and the part of
North- East Ward which lies to the west of Ac-
commodation Road from the ward boundary in Bur-
mantofts Street to the ward boundary in York Road.
WEST.
Armley and Wortley and Bramley Wards, and the
part of New Wortley Ward which is not included
in the South Division.
Name of Parliamentary Borough.
LEICESTER.
Contents of Parliamentary Borough.
County borough of Leicester.
Total number of Members for Parliamentary Borough.
Three.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
EAST.
Belgrave, Latimer, Spinney Hill and West Hum-
berston Wards.
SOUTH. f
Aylstone, Castle, Charnwood, De Montfort, Knigh-
ton, Martin's and Wycliffe Wards.
WEST. i
Abbey, Newton, St. Margaret's, Westcotes and
Wyggeston Wards.
442 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
LEIGH.
Contents of Parliamentary Borough.
Municipal borough of Leigh and urban districts of Atherton and
Tyldesley-with-Shakerley .
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
LEYTON.
Contents of Parliamentary Borough.
Urban district of Ley ton.
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
EAST.
Cann Hall, Grove Green, Harrow Green, Leyton-
stone, and Wanstead Slip Wards.
WEST.
Central, Forest. Lea Bridge and Leyton Wards.
Name of Parliamentary Borough.
LINCOLN.
Contents of Parliamentary Borough.
County borough of Lincoln and urban district of Bracebridge.
Total number of Members for Parliamentary Borough.
One.
PARLIAMENTARY BOROUGHS. 443
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
LIVERPOOL.
Contents of Parliamentary Borough.
County borough of Liverpool.
Total number of Members for Parliamentary Borough.
Eleven.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
EAST TOXTETH.
Aigburth, Granby, Sefton Park East and Sefton
Park West Wards.
EDGE HILL.
Edge Hill and Low Hill Wards, and the part of
Kensington -Ward which lies to the south and west
of a line drawn from the western boundary of the
ward along the middle of the road called Kensing-
ton to its junction with Holt Road, thence in a
southerly direction along the middle of Holt Road
to its junction with Edge Lane, and thence in an
easterly direction along the middle of Edge Lane
to the eastern boundary of the ward.
EVERTON.
Everton and Netherfield Wards.
EXCHANGE.
Abercromby, Castle Street, Exchange, Great
George, St. Anne's and St. Peter's Wards, and the
part of Vauxhall Ward which lies south of a line
drawn from a point in the centre of the River
Mersey to the south side of the Prince's Half-Tide
Dock, thence in a southerly direction along the
Liverpool Overhead Railway to the middle of Deni-
444 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
son Street, thence along the middle of Denison
Street to its junction with Great Howard Street,
thence in a southerly direction along the middle of
Great Howard Street and Old Hall Street to the
junction of the latter with Old Leeds Street, thence
along the middle of Old Leeds Street crossing the
Lancashire and Yorkshire Railway to a point in
Pall Mall opposite the middle of Leeds Street,
thence in an easterly direction along the middle of
Leeds Street to its junction with Vauxhall Road,
thence in a southerly direction along the middle of
Vauxhall Road to its junction with Midghall Street,
thence along the middle of Midghall Street to the
ward boundary in Mary bone.
FAIRFIELD.
Fairfield and Old Swan Wards and the part of
Kensington Ward which is not included in the Edge
Hill Division.
KIRKDALE.
Kirkdale and St. Domingo Wards.
SCOTLAND.
North Scotland, Sandhills and South Scotland
Wards, and the part of Vauxhall Ward which is
not included in the Exchange Division .
WALTON.
Fazakerley, Walton and Warbreck Wards.
WAVERTREE.
Allerton Childwall and Little Woolton, Garston,
Much Woolton, Wavertree and Wavertree West
Wards.
WEST DERBY.
Anfield, Breckficld and West Derby Wards.
WEST TOXTETH.
Brunswick, Dingle and Prince's Park Wards.
PARLIAMENTARY BOROUGHS. 445
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
MANCHESTER.
Contents of Parliamentary Borough.
County borough of Manchester.
Total number of Members for Parliamentary Borough.
Ten.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
ARDWICK.
Ardwick, New Cross and St. Mark's Wards.
BLACKLEY.
Blackley, Crumpsall and Moston Wards.
CLAYTON.
Beswick, Bradford and Newton Heath Wards.
EXCHANGE.
Cheetham, Collegiate Church, Exchange, Oxford,
St. Ann's, St. Clement's and St. John's Wards,
and the part of St. Michael's Ward which lies to
the north-west of a line drawn along the middle of
Rochdale Road.
GORTON.
Gorton North, Gorton South and Openshaw Wards.
HULME.
Medlock Street, Moss Side West and St. George's
Wards.
Moss SIDE.
All Saints, Moss Side East and St. Luke's Wards.
PLATTING.
Colly-hurst, Harpurhey and Miles Platting Wards,
and the part of St. Michael's Ward which is not
included in the Exchange Division.
BUSHOLMB.
Levenshulme, Longsight and Rusholme Wards.
WlTHINGTON .
Chorlton-cum-Hardy, Didsbury and Withington
Wards.
446 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
MIDDLESBROUGH.
Contents of Parliamentary Borotigh.
County borough of Middlesbrough .
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary 'Borough. Contents or Boundaries of Divisions.
EAST.
Exchange, Grove Hill, Ormesby, St. Hilda's and
Vulcan Wards.
WEST.
Acklam, Ayrsome, Cannon, Cleveland, Linthorpe
and Newport Wards.
Name of Parliamentary Borough.
MORPETH.
Contents of Parliamentary Borough.
Municipal borough of Morpeth, urban districts of Ashington, Bed-
lingtonshire and Blyth, and civil parishes of Hepscott, Mor-
peth Castle, Newminster and Tranwell.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Pa filamentary Borough.
NELSON AND COLNE.
Contents of Parliamentary Borough.
Municipal boroughs of Colne and Nelson, urban districts of Bar-
rowford, Brierfield and Trawden, and the detached part of
the civil parish of Foulridgo which is bounded on the north,
west, and south by the municipal borough of Colne.
PARLIAMENTARY BOROUGHS. 447
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Total number of Members for Parliamentary Borough.
One.
Barnes of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
NEWCASTLE-UNDEK-LYME.
Contents of Parliamentary Borough.
Municipal borough of Newcastle-under-Lyme and urban districts
of Audley and Wolstanton United.
Total number of Members for Parliamentary Borough.
One.
ya-mes of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of -Parliamentary Borough.
NE WCASTLE-UPON-TYNE .
Contents of Parliamentary Borough.
County borough of Newcastle-upon-Tyne.
Total number of Members for Parliamentary Borough.
Four.
Barnes of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
CENTRAL.
All Saints, St. John's, St. Nicholas, Stephenson
and Westgate Wards.
EAST.
Byker, St. Anthony's, St. Lawrence and Walker
Wards.
NORTH.
Dene, Heaton, Jesmond, St. Andrew's and St.
Thomas Wards.
448 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
WEST.
Armstrong, Arthur's Hill, Ben well, Elswiek and
Fenham Wards.
Name of Parliamentary Borough.
NORTHAMPTON.
Contents of Parliamentary Borough.
County borough of Northampton.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
NORWICH.
Contents of Parliamentary Borough.
County borough of Norwich.
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name oj Parliamentary Borough.
NOTTINGHAM.
Contents of Parliamentary Borough.
County borough of Nottingham.
Total number of Members for Parliamentary Borough.
Four.
PARLIAMENTARY BOROUGHS. 449
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
CENTRAL.
Forest, Market, Robin Hood, St. Ann's and Sher-
wood Wards.
EAST.
Byron, Manvers, Mapperley and St. Mary's Wards.
SOUTH.
Bridge, Castle, Meadows and Trent Wards.
WEST.
Broxtowe, St. Albans and Wollaton Wards.
Name of Parliamentary Borough.
OLDHAM.
Contents of Parliamentary Borough.
County borough of Oldham.
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliam&ntary 'Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
OXFORD.
Contents of Parliamentary Borough.
County borough of Oxford.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliam&ntary 'Borough. Contents or Boundaries of Divisions.
F.
29
450 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
PLYMOUTH.
Contents of Parliamentary Borough.
County borough of Plymouth.
Total number of Members for Parliamentary Borough.
Three.
Names of Divisions of
Parliamentary 'Borough. Contents or Boundaries of Divisions.
DRAKE.
Drake's, Mount Eclgcumbe, Mutley, Pennycross, St.
Peter's, Stoke and Valletort Wards.
DEVONPORT.
Ford, Keyham, Molesworth, Nelson, St. Aubynand
St. Budeaux Wards.
SUTTON.
Charles, Compton, Friary, Laira, St. Andrew's,
Sutton and Vintry Wards.
Name of Parliamentary Borough.
PORTSMOUTH.
Contents of Parliamentary Borough.
County borough of Portsmouth.
Total number of Members for Parliamentary Borough.
Three.
Names of Divisions of
Parliamentary 'Borough. Contents or Boundaries of Divisions.
CENTRAL.
Buckland, Fratton, Kingston, St. Mary and Town
Hall Wards.
NORTH.
Charles Dickens, Mile End, North End and Port-
sea Wards.
PARLIAMENTARY BOROUGHS. 451
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
SOUTH.
Havelook, Highland, St. Paul, St. Simon and St.
Thomas Wards.
Name of Parliamentary Borough.
PRESTON.
Contents of Parliamentary Borough.
County borough of Preston and urban district of Fulwood.
Total number of Members for Parliamentary Borough.
Names of Divisions of
Parliamentary 'Boroiwh. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
READING.
Contents of Parliamentary Borough.
County borough of Reading.
Total number of Members for Parliamentary Borough.
One.
I Names of Divisioms of
Parliamentary 'Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
RICHMOND.
Contents of Parliamentary Borough.
Municipal borough of Richmond and urban districts of Barnes
and Ham.
29 (2)
452 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd,
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary 'Borough. Contents or Boundaries of Divisions.
'Name of- Parliamentary Borough.
ROCHDALE.
Contents of Parliamentary Borough.
County borough of Rochdale.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of *
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary 'Borough.
ROCHESTER.
Contents of Parliamentary 'Borough.
Municipal boroughs of Chatham, Gillingham and Rochester.
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
GILLINGHAM.
Municipal borough of Gillingham, St. Mary Ward
of the borough of Chatham, and the part of the
municipal borough of Rochester which is. not in-
cluded in the Chatham Division.
CHATHAM.
Municipal borough of Rochester (except the part of
St. Peter's Ward which lies to the north and east of
a line drawn, in prolongation of that part of the
PARLIAMENTARY BOROUGHS. 453
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
borough boundary which lias between St. Bartholo-
mew's Chapel and Boundary Wharf, to the borough
boundary in the Biver Medway), and Luton and St.
John Wards of the municipal borough of Chatham.
Name of Parliamentary Borough.
BOSSENDALE.
Contents of Parliamentary Borough.
Municipal boroughs of Bacup, Haslingden and Bawtenstall.
Total ^number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary 'Borough.
EOTHEBHAM.
Contents of Parliamentary Borough.
County borough of Botherham, and urban districts of Greasbrough
and Bawmarsh.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliam&ntary Borough.
ST. HELEN'S.
Contents of Parliamentary Borough.
County borough of St. Helen's.
Total number of Members for Parliamentary Borough.
One.
454 REPRESENTATION OF THE PEOPLE ACT, 1984.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Names of Divisidns of
Parliamentary 'Borough. Contents or Boundaries of Divisions.
i Name of Parliamentary 'Borough.
SALFORD.
Contents of Parliamentary borough.
County borough of Salford.
Total number of Members 'for Parliamentary Borough.
Three.
Names of Divisidns of
Parliamentary Borough. Contents or Boundaries of Divisions.
NORTH.
Albert Park, Charlestown, Grosvenor, Kersal and
St. Matthias Wards.
SOUTH.
Crescent, Islington, Ordsall, Eegent, Trafford,
Trinity and Weaste Wards.
WEST.
Hope, St. Paul, St. Thomas and Seedley Wards.
Name of Parliamentary 'Borough.
SHEFFIELD.
Contents of Parliamentary \Borough.
County borough of Sheffield.
Total ^number of Members for Parliamentary Borough.
Seven.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
ATTERCLIFFE.
Attercliffe and Daraall Wards.
BRIGHTSIDE.
Brightside and Burngreave Wards.
PARLIAMENTARY BOROUGHS. 455
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
CENTRAL.
St. Peter's and St. Philip's Wards, and the part
of Broomhall Ward which lies to the east of a line
drawn along the middle of Broomhall Street from
the point where that street intersects the northern
boundary of the ward to the point opposite the
middle of Hanover Street, thence along the middle
of Hanover Street to the southern boundary of the
ward.
ECCLESALL.
Ecclesall and Sharrow Wards.
HALLAM.
Crookesmoor and Hallam Wards, and the part of
Broomhall Ward which is not included in the Cen-
tral Division.
HlLLSBOROUGH.
Hillsborough, Neepsend and Walkley Wards.
PARK.
Heeley and Park Wards.
Name of Parliamentary Borough.
SMETHWICK.
Contents of Parliamentary Borough.
County borough of Smethwick.
Total number of Members 'for Parliamentary Thorough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
SOUTHAMPTON.
Contents of Parliamentary iBorough.
County borough of Southampton, urban district of Itchen, and
civil parish of Bitterne.
456 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
> Total "number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary 'Borough.
SOUTHEND-ON-SEA.
Contents of Parliamentary \Borough.
County borough of Southend-on-Sea.
' Total Dumber of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. (Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
SOUTHPOET.
Contents of Parliamentary 'Borough.
County borough of Southport. .
Total plumber of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Division*.
Name of Parliamentary Borough.
SOUTH SHIELDS.
Contents of Parliamentary '\Borough.
County borough of South Shields.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
PARLIAMENTARY BOROUGHS. 457
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
STOCKPOKT.
Contents of Parliamentary 'Borough.
County borough of Stockport.
Total 'number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliame>ntary 'Borough.
STOCKTON-ON-TEES.
Contents of Parliamentary Borough.
Municipal boroughs of Stockton-on-Tees and Thornaby-on-Tees.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
! Name of Parliamentary Borough.
STOKE-ON-TEENT.
Contents of Parliamentary Borough.
County borough of Stoke-on-Trent.
Total number of Members for Parliamentary Borough.
Three.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
BURSLEM.
Numbers one, two, three, four, five, six, seven and
eight Wards.
458 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
HANLEY.
Numbers nine, ten, eleven, twelve, thirteen, four-
teen, fifteen and sixteen Wards.
STOKE.
Numbers seventeen, eighteen, nineteen, twenty,
twenty-one, twenty-two, twenty-three, twenty-four,
twenty-live and twenty-six Wards.
' Name of Parliamentary 'Borough.
SUNDERLAND.
Contents of Parliamentary 'Borough.
County borough of Sunderland and urban district of Southwick-
on-Wear.
Total Dumber of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
' Name of Parliamentary Borough.
TOTTENHAM.
Contents of Parliamentary ^Borough.
Urban district of Tottenham.
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
NORTH.
Lower, Middle and West Green Wards.
SOUTH.
Harringay, High Cross and St. Ann's Wards.
PARLIAMENTARY BOROUGHS. 459
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary 'Borough.
TYNEMOUTH.
of Parliamentary Borough.
County borough of Tynemouth.
Total number of Members 'for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
WAKEFIELD.
Contents of Parliamentary Borough.
County borough of Waken 1 eld.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary 'Borough.
WALLASEY.
Contents of Parliamentary 'Borough.
County borough of Wallasey.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
460 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliam&ntary 'Borough.
WALLSEND.
C&ntents of Parliamentary Borough.
Municipal borough of Wallsend and urban districts of Gosforth,
Longbenton and Weetslade.
Total number of Members -for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliam&ntary Borough.
WALSALL.
Contents of Parliamentary Borough.
County borough of Walsall.
Total number of Members for Parliamentary Borough,
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliam&ntary Borough.
WALTHAMSTOW.
Contents of Parliamentary Borough.
Urban district of Walthamstow.
Total number of Members for Parliamentary Borough.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
EAST.
Hale End, Hoe Street and .Wood Street Wards,
PARLIAMENTARY BOROUGHS. 461
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
WEST.
Iligham Hill, High Street and St. James Street
.Wards.
Name of Parliamentary Borough.
WARRINGTON.
Contents of Parliamentary Borough.
County borough of Warrington.
Total number of Members 'for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
WEDNESBURY.
'Contents of Parliamentary Borough.
Municipal borough of Wednesbury, and urban districts of Dar-
laston and Tipton.
Total number of Members for Parliamentary Borough.
One.
Names of Division^ of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliam&ntary Borough.
WEST BROMWICH.
Contents of Parliamentary Borough.
County borough of West Bromwich
462 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
WEST HAM.
Contents of Parliamentary Borough.
County borough of West Ham.
Total number of Members for Parliamentary Borough.
Four.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
PLAISTOW.
Hudsons and Plaistow Wards, and the. part of
Canning Town Ward which is not included in the
Silvertown Division.
SlLVERTOWN.
Custom House and Silvertown, and Tidal Basin
Wards, and the part of Canning Town Ward which
lies to the south and east of a line drawn from the
ward boundary in Hermit Eoad along the middle of
Star Lane to the middle of the Woolwich Branch
of the Great Eastern Eailway, thence southwards
along the middle of that railway to the ward boun-
dary in Barking Eoad.
.STRATFORD.
Broadway, Forest Gate, High Street and New Town
Wards.
UPTON.
Park, Upton and West Ham Wards.
PARLIAMENTARY BOROUGHS. 463
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Name of Parliamentary Borough.
WIGAN.
Contents of Parliamentary Borough.
County borough of Wigan.
Total number of Members for Parliamentary BorougTi.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
WILLESDEN.
Contents of Parliamentary Borough.
Urban district of Willesden.
Total (number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
EAST.
Brondesbury Park, Cricklewood, Kensal Rise, Mid
Kilburn, North Kilburn and South Kilburn Wards.
WEST.
Church End, Harlesden*, Roundwood, Stonebridge
and Willesden Green Wards.
Name of Parliamentary Borough.
WIMBLEDON.
Contents of Parliamentary Borough.
Municipal borough of Wimbledon, and urban district of Merton
and Morden.
'Total number of Members for Parliamentary 'Borough.
One.
464 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
WOLVEBHAMPTON,
Contents of Parliamentary Borough.
County borough of Wolverhampton, and urban districts of Bil-
ston, Coseley, Heath Town or Wednesfield Heath, Sedgley,
Short Heath, Wednesfield and Willenhall.
Total number of Members for Parliamentary Borough.
Three.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
BlLSTON.
Urban districts of Bilston, Coseley and Sedgley.
EAST.
St. James's, St. Mary's, and St. Peter's Wards of
the county borough of Wolverhampton, and urban
districts of Heath Town or Wednesfield Heath,
Short Heath, Wednesfield and Willenhall.
WEST.
Blakenhall, Deinstall, Graiseley, Merridale, Park,
St. George's, St. John's, St. Mark's and St. Mat-
thew's Wards of the county borough of Wolver-
hampton .
Name of Parliamentary Borough.
WOBCESTEB,.
Contents of Parliamentary Borough.
County borough of Worcester.
Total number of Members for Parliamentary Borough.
One.
PARLIAMENTARY BOROUGHS. 465
(2) ENGLAND, excluding LONDON and MONMOUTHSHIRE contd.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
YORK.
Contents of Parliamentary Borough.
County borough of York (with York Castle).
Total ^number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
(3) WALES AND MONMOUTHSHIRE.
Name of Parliamentary Borough.
CARDIFF.
Contents of Parliamentary Borough.
County borough of Cardiff, and urban district of Penarth.
Total number of Members for Parliamentary Borough.
Three.
Names of Division^ of
Parliamentary Borough. Contents or Boundaries of Divisions.
CENTRAL.
Canton, Cathays, Central and Riverside\Wards of
county borough of Cardiff.
EAST.
Park, Roath and Splott Wards of county borough
of Cardiff.
SOUTH.
Adamsdown, Grangetown and South Wards of
county borough of Cardiff and urban district of
Penarth .
F. 30
466 REPRESENTATION OF THE PEOPLE ACT, 1918.
(3) WALES AND MONMOUTHSHIRE continued.
Name of Parliamentary Borough.
CAENAEVON DISTEICT OF BOEOUGHS.
Contents of Parliamentary Borough.
Municipal boroughs of Bangor, Carnarvon, Con way and Pwllheli,
urban districts of Criccieth, Llandudno, Llanfairfechan and
Penmaenmawr, and civil parish of Nevin.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
MEETHYE TYDFIL.
Contents of Parliamentary Borough.
County borough of Merthyr Tydfil, and urban districts of Aber-
dare and Mountain Ash.
Total number of Members for Parliamentary Borough.
Two.
Barnes of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
ABERDARE.
Urban districts of Aberdare and Mountain Ash.
MERTHYR.
County borough of Merthyr Tydfil.
Name of Parliamentary Borouafh.
NEWPOET.
Co>ntents of Parliamentary Borough.
County borough of Newport.
Total number of Members for Parliamentary Borough.
One.
PARLIAMENTARY BOROUGHS. 467
(3) WALES AND MONMOUTHSHIRE continued.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
RHONDDA.
ff 0n$ent* of Parliamentary Borough.
Urban district of Rhondda.
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
EAST.
Numbers seven, eight, nine and ten .Wards, and the
part of number six Ward which is not included in
the West Division.
WEST.
Numbers one, two, three, four and five Wards, and
the part of number six Ward which lies to the west
of the middle of the River Rhondda and is known as
Tonypandy.
Name of Parliamentary Borough.
SWANSEA.
.Contents of Parliamentary Borough.
County borough of Swansea.
Total number of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
EAST.
East, Landore, Morriston and St. John's Wards.
WEST.
Alexandra, Bryn Melyn, Castle, Ffynone, St.
Helen's and Victoria Wards.
30 (2)
468 REPRESENTATION OF THE PEOPLE ACT, 1918.
(4) BOROUGHS IN SCOTLAND.
Name of Parliamentary Borough.
ABERDEEN.
C&ntents of Parliamentary Borough.
County of the City of Aberdeen.
Total Dumber of Members for Parliamentary Borough.
Two.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Greyfriars, St. Andrew, St. Clement, St. Machar,
Torry and Woodside Municipal Wards.
SOUTH.
Ferryhill, Rosemount, Rubislaw, Ruthrieston and
St. Nicholas Municipal Wards.
Name of Parliamentary Borough.
AYR DISTRICT OF BURGHS.
.Contents of Parliamentary Borough.
Burghs of Ayr, Ardrossan, Irvine, Prestwick, Saltcoats, and
Troon.
Total tyumber of Members for Parliamentary Borough.
One.
Names of Division^ of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
DUMBARTON DISTRICT OF. BURGHS.
Contents of Parliamentary Borough.
Burghs of Dumbarton and Clydebank.
PARLIAMENTARY BOROUGHS. 469
(4) BOROUGHS IN SCOTLAND continued.
Total number of Members for Parliamentary Borough.
One.
Names of Division's of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
DUNDEE.
Contents of Parliamentary Borough.
County of the City of Dundee.
Total number of Members for Parliamentary Borough.
Two.
flames of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
DUNFERMLINE DISTRICT OF BURGHS.
^ Tfontents of Parliamentary Borough.
Burghs of Dunfermline, Cowdenbeath, In verkei thing, and
Lochgelly.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions 0f
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
EDINBURGH.
'Contents of Parliamentary Borough.
County of the City of Edinburgh and Burgh of Mueselburgh.
470 REPRESENTATION OF THE PEOPLE ACT, 1918.
(4) BOROUGHS IN SCOTLAND continued.
Total number of Members -for Parliamentary Borough.
Five.
'Names of Divisions |o/
Parliamentary Borough. Contents or Boundaries of Divisions.
CENTRAL.
George Square, St. Giles' and St. Leonard's Muni-
cipal Wards of Edinburgh.
EAST.
Burgh of Musselburgh and Canongate and Porto-
bello Municipal Wards of Edinburgh.
NORTH.
Broughton, Calton, St. Andrew's and St. Stephen's
Municipal Wards of Edinburgh.
SOUTH.
Merchiston, Morningside, and Newington Munici-
pal Wards of Edinburgh.
WEST.
Dairy, Gorgie, Hay market and St. Bernard's Muni-
cipal Wards of Edinburgh.
Name of Parliamentary Borough.
GLASGOW^.
Contents of P'a-l'wnientary Borough.
County of the City of Glasgow.
Total number of Members for Parliamentary Borough.
Fifteen.
Names of Divisions jo/
Parliamentary Borough. Contents or Boundaries of Divisions.
BRIDGETON.
That portion of the city which is bounded by a
line commencing at a point on the centre line of
London Road, where the road is crossed by the Cale-
donian Railway (Glasgow Lines), thence south-
westward and southward along the centre line of
the said railway to where it joins the Caledonian
PARLIAMENTARY BOROUGHS. 471
(4) BOROUGHS IN SCOTLAND continued.
Railway Branch Line from Dalmarnock to Ruther-
glen, thence southward along the centre line of the
said last-mentioned railway to a point on the muni-
cipal boundary at the centre line of the River Clyde,
thence south-westward and north-westward along
the municipal boundary of the city to a point on the
centre line of the River Clyde about 77 yards south-
eastward from the centre of Rutherglen- Bridge,
thence westward, northward and westward along the
centre line of -the River Clyde to the centre of Albert
Bridge, thence northward along the centre line of
Saltmarket to the centre line of Gallowgate, thence
eastward along the centre line of Gallowgate to the
centre line of Abercromby Street, thence south-
westward along the centre line of Abercromby Street
to the centre line of Canning Street, thence eastward
along the centre line of Canning Street and London
Road to the point of commencement.
CAMLACHIE .
That portion of the city which is bounded by a line
commencing at a point on the municipal boundary
on the south-east side of Cumbernauld Road where
that road is intersected by the east side of the Cale-
donian Railway (Glasgow Lines), thence southward
along the municipal boundary to a point about 299
yards north-westward from the centre of Carntyne
Road, where the municipal boundary intersects that
road, thence north-westward to a point on the centre
line of the said railway 380 yards south of the
centre line of Cumbernauld Road, thence south-
westward and southward along the centre line of
the said railway to the centre line of London Road,
thence westward along the centre line of London
Road and Canning Street to the centre line of Aber-
cromby Street, thence north-eastward along the
centre line of Abercromby Street to the centre line
472 REPRESENTATION OF THE PEOPLE ACT, 1918.
(4) BOROUGHS IN SCOTLAND continued).
of Gallowgate, thence westward along the centre line
of Gallowgate to the centre line of Sydney Street,
thence northward along the centre line of Sydney
Street to the centre line of Duke Street, thence
eastward along the centre line of Duke Street to the
centre line of Ark Lane, thence northward along
the centre line of Ark Lane and Firpark Street
to the centre line of Alexandra Parade, thence east-
ward and north-eastward along the centre line of
Alexandra Parade, and Curnbernauld Road to the
east side of the Caledonian Railway (Glasgow
Lines), thence southward to the point of commence-
ment.
CATHCART.
That portion of the city which is bounded by a
line commencing at a point on the municipal boun-
dary at the centre of Kilmarnock Road, thence
northward along the centre line of Kilmarnock Road
to the centre line of the River Cart, thence south-
eastward and eastward along the centre line of the
River Cart to the centre line of Langside Road at
Millbrae Bridge, thence north-eastward along the
centre line of Langside Road, Millbrae Road and
Langside Road, to the centre line of the main avenue
in the Queen's Park near Victoria Infirmary, thence
northward along the centre line of the said main
avenue to the centre line of Queen's Drive, thence
northward along the centre line of Victoria Road
to the centre line of the Glasgow and South Western
Railway about 46 yards north of the centre line of
Butterbiggins Road, thence north-eastward along
the centre line of the said Glasgow and South
Western Railway to the centre line of the Cale-
donian Railway Main Line from Glasgow to
Rutherglen, thence south-eastward along the centre
line of the said Caledonian Railway to the muni-
PARLIAMENTARY BOROUGHS. 473
(4) BOROUGHS IN SCOTLAND continued.
cipal boundary, thence south-westward and west-
ward along the municipal boundary to the point of
commencement.
CENTRAL.
That portion of the city whicli is bounded by a
line commencing at a point at the intersection of the
centre lines of Parliamentary Road and Castle
Street, thence southward along the centre line of
Castle Street to the centre line of Alexandra Parade,
thence eastward along the centre line of Alexandra
Parade to the centre line of Firpark Street, thence
southward along the centre line of Firpark Street
and Ark Lane to the centre line of Duke Street,
thence westward along the centre line of Duke Street
to the centre line of Sydney Street, thence south-
ward along the centre line of Sj^dney Street to the
centre line of Gallowgate, thence westward along
the centre line of Gallowgate to the centre line of
Saltmarket, thence southward along the centre line
of Saltmarket and Albert Bridge to the centre line
of the River Clyde, thence westward along the centre
line of the River Clyde to a point in line with the
centre line of McAlpine Street, thence northward
along the centre line of McAlpine Street, Pitt
Street and Scott Street to the centre line of New
City Road, thence south-eastward along the centre
line of New City Road and Cowcaddens to the centre
line of Buchanan Street, thence southward along the
centre line of Buchanan Street to the centre line of
Parliamentary Road, thence north-eastward along
the centre line of Parliamentary Road to the point
of commencement.
GORBALS.
That portion of the city which is bounded by a
line commencing at a point on the municipal boun-
dary at the centre line of the River Clyde about 77
474 REPRESENTATION OF THE PEOPLE ACT, 1918.
(4) BOROUGHS IN SCOTLAND continued.
yards east of the centre of Rutherglen Bridge,
thence south-westward along the municipal boun-
dary to the centre of the Caledonian Eailway Main
Line from Glasgow to Rutherglen, thence north-
westward along the centre line of the said Cale-
donian Eailway to the centre line of the Glasgow
and South Western Eailway, thence south-westward
along the centre line of the said Glasgow and South
Western Eailway to the centre line of Victoria Road,
thence northward along the centre line of Victoria
Eoad, Eglinton Street, Bridge Street and Glasgow
Bridge to the centre line of the River Clyde, thence
south-eastward along the centre line of the River
Clyde to the point of commencement.
Go VAN.
That portion of the city which is bounded by a
line commencing at a point on the municipal boun-
dary at the centre of the River Clyde in line with
the continuation of the centre line of Balmoral
Street, thence eastward along tiie centre line of the
River Clyde to a point in line with the continua-
tion of the centre line of the portion of Govan
Eoad to the west of Princes Dock, thence southward
to and along the centre line of the said portion of
Govan Road, Whitefield Eoad, Church Eoad and
continuation thereof to the centre of the Glasgow
and Paisley Joint Eailway, thence westward along
the centre line of the said Glasgow and Paisley
Joint Eailway to the municipal boundary, thence
north-westward, northward, and eastward along the
municipal boundary to the point of commencement.
BILLHEAD.
That portion of the city which is bounded by a
line commencing at a point in the municipal boun-
dary at its intersection with the centre line of the
River Kelvin, thence south-eastward, southward and
PARLIAMENTARY BOROUGHS. 475
(4) BOROUGHS IN SCOTLAND con tinu ed.
south-westward along the centre line of the River
Kelvin to the centre line of the North British Rail-
way (Stobcross Branch), thence north-westward
along the centre of the said North British Railway
to its intersection with the municipal boundary,
thence north-eastward along the municipal boun-
dary to the point of commencement.
KELVINGROVE .
That portion of the city which is bounded by a
line commencing at a point at the intersection of
the centre line of New City Road and Scott Street,
thence southward along the centre line of Scott
Street, Pitt Street and McAlpine Street and con-
tinuation thereof to the centre line of the River
Clyde, thence westward along the centre line of the
River Clyde to its intersection with the centre line
of the River Kelvin, thence north-eastward along
the centre line of the River Kelvin to the centre
line of Great Western Road, thence south-eastward
along the centre line of Great Western Road and
New City Road to the point of commencement.
MARYHILL.
That portion of the city which is bounded by a
line commencing at a point on the municipal boun-
dary at the centre line of the North British Rail-
way (Edinburgh and Glasgow Line) about 327
yards north of the centre of Hawthorn Street, where
the said North British Railway intersects that
street, thence south-eastward and southward along
the centre of the said North British Railway to the
centre line of Keppochhill Road, thence south-west-
ward and westward along the centre Hue of Kep-
pochhill Road to the centre line of Saracen Street,
thence south-westward along the centre line of Fossil
Road to the centre line of the Forth and Clyde
Canal, thence north-westward along the centreline
476 REPRESENTATION OF THE PEOPLE ACT, 1918.
(4) BOROUGHS IN SCOTLAND continued.
of the Forth and Clyde Canal to a point in line
with the centre line of Well Eoad, thence south-
westward along the centre line of Well Eoad to
the centre line of New City Eoad, thence westward
along the centre line of Eaeberry Street and Carl-
ton Gardens to the centre line of Belmont Street,
thence south-westward along the centre line of Bel-
mont Street to the centre line of the Elver Kelvin,
thence north-westward along the centre line of the
Eiver Kelvin to its intersection with the municipal
boundary, thence north-eastward and south-east-
ward along the municipal boundary to the point of
commencement.
PABTICK.
That portion of the city which is bounded by a
line commencing at a point on the municipal boun-
dary at the centre line of the North British Eail-
way (Stobcross Branch), thence south-eastward
along the centre line of the said North British Eail-
way to the centre line of the Eiver Kelvin, thence
south-westward along the centre line of the Eiver
Kelvin to the centre line of the Eiver Clyde, thence
westward along the centre line of the Eiver Clyde,
to the municipal boundary, thence northward and
north-eastward along the municipal boundary to the
point of commencement.
POLLOK.
That portion of the city which is bounded by a
line commencing at a point on the municipal boun-
dary at the centre line of the Glasgow and Paisley
Joint Eailway, thence eastward along the centre
line of the said Glasgow and Paisley Joint Eail-
way and the Caledonian Eailway to the centre line
of Shields Eoad, thence southward along the centre
line of Shields Eoad to the centre line of the Glasgow
and South Western Eailway (Paisley Canal Line),
PARLIAMENTARY BOROUGHS. 477
(4) BOROUGHS IN SCOTLAND continued.
thence eastward along the centre line of the said
Glasgow and South Western Railway to the centre
line of Eglinton Street, thence southward along the
centre line of Eglinton Street and Victoria Road
to the centre line of Queen's Drive, thence southward
along the centre line of the main avenue in the
Queen's Park to the centre line of Langside load,
thence south-westward along the centre line of
Langside Road to the centre line of Millbrae Road,
thence south-westward along the centre line of Mill-
brae Road and Langside Road to the centre line of
the River Cart at Millbrae Bridge, thence westward
and north-westward along the centre line of the
River Cart to the centre line of Kilmarnock Road,
thence southward along the centre line of Kilmar-
nock Road to the municipal boundary, thence north-
westward, south-westward, northward, westward
and northward along the municipal boundary to
the point of commencement.
ST. ROLLOX.
That portion of the city which is bounded by a
line commencing at a point at the intersection of
Springburn Road and Parliamentary Road, thence
south-westward along the centre line of Parliamen-
tary Road to the centre line of Buchanan Street,
thence northward along the centre line of Buchanan
- Street to the centre line of Cowcaddens, thence
north-westward along the centre line of Cow-
caddens, New City Road and Great Western Road
to the centre line of the River Kelvin, thence north-
ward along the centre line of the River Kelvin to
the centre line of Belmont Street, thence north-east-
ward along the centre line of Belmont Street to the
centre line of Carlton Gardens, thence eastward
along the centre line of Carlton Gardens and Rae-
berry Street to the centre line of New City Road,
478 REPRESENTATION OF THE PEOPLE ACT, 1918.
(4) BOROUGHS IN SCOTLAND continued.
thence north-eastward along the centre line of Well
Eoad and continuation thereof to the centre line of
the Forth and Clyde Canal, thence south-eastward
along the centre line of the Forth and Clyde Canal
to the centre line of Fossil Koad, thence north-east-
ward along the centre line of Fossil Road to the
centre line of Saracen Street, thence eastward and
north-eastward along the centre line of Keppoch-
hill Eoad to the centre of the North British Rail-
way (Edinburgh and Glasgow Line), thence south-
westward along the centre line of the said North
British Eailway to the centre line of Fountainwell
Koad, thence south-eastward along the centre line
of Fountainwell Eoad to the centre line of Spring-
burn Eoad, thence southward along the centre line
of Springburn Eoad to the point of commencement.
SHETTLESTON.
That portion of the city which is bounded by a
line commencing at a point on the municipal boun-
dary about 299 yards north-westward from the
centre of Carntyne Eoad, at a point where the muni-
cipal boundary intersects that road, thence east-
ward, south-eastward and westward along the muni-
cipal boundary to the centre of the Caledonian Eail-
way Branch Line from Eutherglen to Dalmarnock,
thence northward along the centre line of the said
railway until it joins the Caledonian Eailway
(Glasgow Lines), thence northward, north-east-
ward, northward and north-eastward along the
centre line of the last-mentioned railway to a point
380 yards south of the centre line of Cumbernauld
Eoad, thence south-eastward to the point of com-
mencement.
SPRINGBURN.
That portion of the city which is bounded by a
line commencing at a point on the municipal boun-
PARLIAMENTARY BOROUGHS. 479
(4) BOROUGHS IN SCOTLAND continued.
dary on the south-east side of Curabernauld Road,
where that road is intersected by the east side of
the Caledonian Railway (Glasgow Lines), thence
northward to the centre line of Cumbernauld Road,
thence south-westward and westward along the
centre line of Cumbernauld Road and Alexandra
Parade to the centre line of Castle Street, thence
northward along the centre line of Castle Street
and Springburn Road to the centre line of Foun-
tainwell Road, thence north-westward along the
centre line of Fountainwell Road to the centre line
of the North British Railway (Edinburgh and Glas-
gow Line), thence northward along the centre line
of the said North British Railway to a point on
the municipal boundary about 327 j-ards north of
the centre of Hawthorn Street, where the said North
British Railway intersects that street, thence north-
ward, eastward, southward, eastward, southward,
westward, south-eastward and south-westward along
the municipal boundary to the point of commence-
ment.
TRADESTON .
That portion of the city which is bounded by a
line commencing at a point on the centre of Glas-
gow Bridge at the centre line of the River Clyde,
thence southward along the centre line of Glasgow
Bridge, Bridge Street and Eglinton Street to the
centre line of the Glasgow and South Western Rail-
way at Eglinton Street Station, thence westward
along the centre line of the Glasgow and South
Western Railway (Paisley Canal Line) to the centre
line of Shields Road, thence northwards along the
centre line of Shields Road to the centre line of the
Caledonian Railway, thence westward along the
centre line of the said Caledonian Railway and the
Glasgow and Paisley Joint Railway to a point in
480 REPRESENTATION OF THE PEOPLE ACT, 1918.
(4) BOROUGHS IN SCOTLAND continued.
line with the centre line of Church Road, thence
northward along the centre line of Church Road,
Whiteh'eld Road, and the portion of Go van Road to
the west of Princes Dock and continuation thereof
to the centre line of the River Clyde, thence east-
ward along the centre line of the River Clyde to
the point of commencement.
Name of Parliamentary Borough.
GREENOCK.
Contents of Parliamentary Borough.
Burgh of Green ock.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions vf
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
KIRKCALDY DISTRICT OF BURGHS.
Contents of Parliamentary Borough.
Burghs of Kirkcaldy, Buckhaven Methil and Innerleven, Burntis-
land, Dysart and Kinghorn.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
LEITH.
Contents of Parliamentary Borough.
Burgh of Leith.
PARLIAMENTARY BOROUGHS. 481
(4) BOROUGHS IN SCOTLAND continued.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions pf
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
MONTROSE DISTRICT OP BURGHS.
Contents of Parliamentary Borough.
Burghs of Montrose, Arbroath, Brechin, Forfar and Inverbervie,
Total number of Members for Parliamentary Borough.
One.
Names of Divisions -of
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
PAISLEY.
Contents of Parliamentary Borough.
Burgh of Paisley.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions pf
Parliamentary Borough. Contents or Boundaries of Divisions.
Name of Parliamentary Borough.
STIRLING AND FALKIRK DISTRICT OP BURGHS.
Contents of Parliamentary Borough.
Burghs of Stirling, Falkirk and Grangemouth.
Total number of Members for Parliamentary Borough.
One.
Names of Divisions of
Parliamentary Borough. Contents or Boundaries of Divisions.
F. 31
482 REPRESENTATION OF THE PEOPLE ACT, 1918.
PAKT II.
PARLIAMENTARY COUNTIES.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE.
Name of Parliamentary County.
BEDFORD.
Contents of Parliamentary County.
The administrative county of Bedford.
Total number of Members for Parliamentary County.
Three.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
BEDFORD.
The rural districts of Bedford and Eaton Socon,
the municipal borough of Bedford, and the urban
district of Kempston.
LUTON.
The rural district of Luton, and the municipal
boroughs of Dunstable and Luton.
MID.
The rural districts of Ampthill, Biggleswade, and
Eaton Bray, and the urban districts of Ampthill,
Biggleswade, and Leigh ton Buzzard.
Name of Parliamentary County.
BERKS.
Contents of Parliamentary County.
The administrative county of Berks.
Total number of Members for Parliamentary County.
Three.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
ABINGDON.
The rural districts of Abingdon, Wallingford, and
Wantage, the part of the rural district of Bradfield
PARLIAMENTARY COUNTIES. 483
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
which consists of the civil parishes of Ashamp-
stead, Basildon, Frilsham, Streatley, and Yatten-
don, the part of the rural district of Faringdon
which is within the administrative county of Berks,
the municipal boroughs of Abingdon and Walling-
ford, and the urban district of Wantage.
NEW BURY.
The rural districts of Hungerford and Newbury,
the part of the rural district of Bradfield which is
not included in the Abingdon Division, the part
of the rural district of Wokingham which is not in-
cluded in the Windsor Division, and the municipal
boroughs of Newbury and Wokingham.
WINDSOR.
The rural districts of Cookham, Easthampstead, and
Windsor, the part of the rural district of Woking-
ham which consists of the civil parishes of Remen-
ham, Ruscombe, Twyford, and Wargrave, and the
municipal boroughs of Maidenhead and New
Windsor.
Name of Parliamentary County.
BUCKS.
(Contents of Parliamentary
The administrative county of Bucks.
Total number of Members fo>r Parliamentary County.
Three.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
AYLESBURY.
The rural district of Amersham, the part of the
rural district of Aylesbury which is not included
in the Buckingham Division, the part of the rural
district of Long Crendon which consists of the
81 (2)
484 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
civil parish of Towersey, the part of the rural dis-
trict of Wycornbe which consists of the civil parishes
of Bledlow, Bradenham, Ellesborough, Great and
Little Hampden, Great and Little Kimble, Hor-
senden, Hughenden, Ilmer, Monks Bisborough,
Princes Bisborough, Radnage, Saunderton, and
Wendover, the municipal borough of Aylesbury,
and the urban districts of Beaconsfield and Ches-
ham.
BUCKINGHAM.
The rural districts of Buckingham, Newport Pag-
n'ell, Stratford and Wolverton, Wing, and Winslow,
the part of the rural district of Aylesbury which
consists of the civil parishes of Ashenden, Chears-
ley, Grendon Underwood, Kingswood, Ludgershall,
Woodham, and Wotton Underwood, the part of the
rural district of Long Grendon which is not in-
cluded in the Aylesbury Division, the municipal
borough of Buckingham, and the urban districts of
Bletchley, Newport Pagnell, and Linslade.
WYCOMBE .
The rural districts of Eton and Hambledon, the
part of the rural district of Wycombe which is not
included in the Aylesbury Division, the municipal
borough of Chepping Wycombe, and the urban dis-
tricts of Eton, Mario w, and Slough.
Name of Parliamentary County.
CAMBRIDGE.
Contents of Parliamentary County.
The administrative county of Cambridge, exclusive of the part
thereof comprised in the parliamentary borough of Cambridge.
Total number of Members for Parliamentary County.
One.
Names of Divisions of
'Parliamentary County. Contents or Boundaries of Divisions.
PARLIAMENTARY COUNTIES. 485
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
Name of Parliamentary County.
CHESTER.
Contents of Parliamentary County.
The administrative county of Chester and the county borough of
Chester.
Total number of Members for Parliamentary County.
Nine.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
ALTRINCHAM.
The part of the rural district of Bucklow which is
not included in the Knutsford Division, and the
urban districts of Altrincham, Ashton-upon-
Mersey, Bowdon, Cheadle and Gatley, Hale, Hand-
forth, Lymm, and Sale.
CITY OF CHESTER.
The rural district of Chester, the county borough
of Chester, and the urban district of Hoole.
CRE\VE.
The part of the rural district of Congleton which
consists of the civil parishes of Arclid, Betchton,
Church Lawton, Hassall, Moreton-cum-Alcumlow,
Odd Rode, Smallwood, and Wheelock, the part of
the rural district of Nantwich which consists of
the civil parishes of Barthomley, Basford, Church
Coppenhall, Chorlton, Crewe, Haslington, Hough,
Rope, Shavington-cum-Gresty, Stapeley, Weston,
Willaston, Wistaston, and Wybunbury, the muni-
cipal borough of Crewe, and the urban districts of
Alsager and Nantwich.
EDDISBURY.
The rural districts of Malpas and Tarvin, the part
of the rural district of Nantwioh which is not in-
cluded in the Crewe Division, the part of the rural
486 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
district of Northwich which consists of the: civil
parishes of Crowton, Cuddington, Darnhall, Dela-
mere, Eddisbury, Little Budworth, Marton, Oak-
mere, and Wimboldsley, the part of the rural dis-
trict of Runcorn which consists of the civil parishes
of Alvanley, Frodsham, Frodsham Lordship,
Helsby, Kingsley, Kingswood, Mauley, Newton-
by-iFrodshain, and Norley, and the urban district
of Tarpoiiey.
KNIITSFORD.
The part of the rural district of Bucklow which
consists of the civil parishes of Aston-by-Bud worth,
Bexton, Marthall-cum-Warford, Mere, Mobberley,
Ollerton, Peover Inferior, Peover Superior, Pick-
mere, Plumley, Styal, Tabley Inferior, Tabley
Superior, Tatton, and Toft; the part of the rural
district of Congleton which is not included in the
Crewe, Macclesfield, and Northwich Divisions; the
part of the rural district of Macclesfield which con-
sists of the civil parishes of Adlington, Butley,
Capesthorne, Chelford, Chorley, Fallibroome, Great
Warford, Lower Withington, Marton, Mottram St.
Andrew, Nether Alderley, Newton, Old Withing-
ton, Over Alderley, Poynton-with-Worth, Prest-
bury, Siddington, Snelson, Tytherington, Upton,
and Woodford; the part of the rural district of
Northwich which consists of the civil parishes of
Allostock, Byley, Lach Dennis, Lostock Gralam,
Nether Peover, Rudheath, Sproston, and Whatcroft,
the part of the rural district of Runcorn which con-
sists of the civil parishes of Acton Grange, Antro-
bus, Appleton, Crowley, Daresbury, Grappenhall,
Hatton, Higher Whitley, Keckwick, Latchford
Without, Lower Whitley, Moore, Newton by Dares-
bury. Preston on the Hill, Seven Oaks, Stockton
Heath, Stretton, Thelwall, Walton Inferior, and
PARLIAMENTARY COUNTIES. 487
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
Walton Superior; and the urban districts of Alder-
ley Edge, Bollington, Hazel Grove and Bramhall,
Knutsford, and Wilmslow.
MACCLESFIELD.
The rural district of Disley, the part of the rural
district of Congleton which consists of the civil
parishes of Hulmo Walfield and Newbold Astbury,
the part of the rural district of Macclesfield which
is not included in the Knutsford Division, the muni-
cipal boroughs of Congleton and Macclesfield, and
the urban districts of Bredbury and Romiley, Bug-
lawton, Compstall, Marple, and Yeardsley-cum-
Whaley.
NORTHWICH.
The part of the rural district of Congleton which
consists of the civil parishes of Bradwall, Elton,
Moston, and Tetton, the part of the rural district
of Northwich which is not included in the Edclis-
bury and Knutsford Divisions, the part of the rural
district of Euncorn which is not included in the
Eddisbury and Knutsford Divisions, and the urban
districts of Middlewich, Northwich, Runcorn, Sand-
bach, and Winsford.
STALYBRIDGE AND HYDE.
The rural district of Tintwistlc, the municipal
boroughs of Dukinfield, Hyde, and Stalybridge, and
the urban districts of Hollingworth and Mottram
in Longendale.
WlRRAL.
The rural district of Wirral, and the urban districts
of Bromborough, Ellesmcre Port and Whitby
Higher Bebington, Hoylake and West Kirby.
Lower Bebington, and Xeston and Parkgate.
488 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
Name of Parliamentary County.
CORNWALL.
'Contents vf Parliamentary C aunty.
The administrative county of Cornwall and the Isles of Scilly .
Total number of Members for Parliamentary County.
Pive.
Names of Divisions of
Parliamentary County. Contents or boundaries of Divisions.
BODMIN.
The rural districts of Liskeard and St. Germans,
the part of the rural district of Bodmin which is
not included in the Northern Division, the part of
the rural district of St. Austell which consists of
the civil parishes of St. Sampson and Tywardreath,
the municipal boroughs of Bodmin, Fowey, Lis-
keard, Lostwithiel, and Saltash, and the urban dis-
tricts of Callington, Looe, and Torpoint.
CAMBORNE.
The rural district of Redruth, the part of the rural
district of East Kerrier which consists of the civil
parishes of Constantine, Mabe, and Perranarwor-
thal, the part of the rural district of Helston which
consists of the civil parishes of Crowan and Wen-
dron, the part of the rural district of Truro which
consists of the civil parishes of Kea, Kenwyn Rural,
Perranzabuloe, St. Agnes, St. Allen, and Trega-
vethan, the municipal borough of Helston, and the
urban districts of Camborne, Hayle, Phillack, and
Redruth.
NORTHERN.
The rural districts of Calstock, Camelford, Laun-
ceston, St. Columb Major, and Stratton, the part
of the rural district of Holsworthy which is within
the administrative county of Cornwall, the part of
PARLIAMENTARY COUNTIES. 489
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
the rural district of Bodmin which consists of the
civil parishes of Egloshayle, St. Endellion, St.
Kew, St. Minver Highlands, and St. Minver Low-
lands, the municipal borough of Launceston, and
the urban districts of Newquay, Padstow, Strat-
ton and Bude, and Wadebridge.
PENRYN AND EALMOUTH.
The part of the rural district of St. AusteH. which
is not included in the Bodmin Division, the part of
each of the rural districts of East Kerrier and Truro
which is not included in the Camborne Division,
the municipal boroughs of Ealmouth, Penryn, and
Truro, and the urban district of St. Austell.
ST. IVES.
The rural district of West Penwith, the part of the
rural district of Helston which is not included in the
Camborne Division, the municipal boroughs of Pen-
zance and St. Ives, the urban districts of Ludgvan,
Madron, Paul, and St. Just, and the Seilly Isles.
Name of Parliamentary County.
.CUMBERLAND.-
Contents of Parliamentary County.
The administrative county of Cumberland.
Tlotal dumber bf Members for Parliamentary County.
Four.
Names of Divisions of
Parliamentary Co.unty. Contents or Boundaries of Divisions.
NORTHERN.
The rural districts of Brampton, Carlisle, and Long-
town, the part of the rural district of Wigton which
is not included in the Workington Division, and
the urban districts of Holme Cultram and Wigton.
490 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
PENRITH AND COCKERMOUTH .
The rural districts of Alston with Garrigill and
Penrith, the part of the rural district of Cocker-
mouth which is not included in the Working-ton
Division, and the urhan districts of Cockermouth,
Keswick, and Penrith.
WHITEHAVEN.
The rural district of Bootle, the part of the rural
district of Whitehaven which is not included in the
Workington Division, the municipal borough of
Whitehaven, and the urban districts of Cleator
Moor, Egremont, and Millom.
WORKINGTON.
The part of the rural district of Cockermouth which
consists of the civil parishes of Broughton, Brough-
ton Moor, Camerton, Crosscanonby, Dearham,
Flimby, Great Clifton, Little Clifton, Oughterside
and Allerby, Ribton, Seaton, Stainburn, Winscales,
and Workington Rural, the part of the rural dis-
trict of Whitehaven which consists of the civil
parishes of Distington, Moresby, and Weddicar, the
part of the rural district of Wigton which consists
of the civil parishes of Allonby, Hay ton and Mealo,
and West Newton, the municipal borough of Work-
ington, and the urban districts of Aiiecdon and
Frizington, Aspatria, Harrington, and Maryport.
Name of Parliamentary County.
DERBY.
. Contents of Parliamentary Comity.
The administrative county of Derby.
Total member of Members for Parliamentary County.
Eight.
PARLIAMENTARY COUNTIES. 491
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
BELPER.
The rural district of Belper, the part of the rural
district of Kepton which 'is not included in the
Southern and Western Divisions, and the urban
districts of Alfreton, Belper, and Heage.
CHESTERFIELD .
The part of the rural district of Chesterfield which
consists of the civil parishes of Barlow, Briming-
ton, Calow, Hasland, Sutton-cum-Duckmanton,
Tapton, Temple Normanton, and Wingerworth, the
municipal borough of Chesterfield, and the urban
districts of Brampton and Walton and Whitting-
ton and Newbold.
CLAY CROSS.
The rural district of Blackwell, the part of the
rural district of Chesterfield which is not included
in the North Eastern and Chesterfield Divisions,
and the urban district of Clay Cross.
HIGH PEAK.
The rural district of Chapel-en-le-Frith (except the
two detached parts of the civil parish of Derwent
which are bounded on the west by the civil parish
of Hathersage), the rural districts of Glossop Dale
and Hayfield, the portion of the rural district of
Bakewell which consists of the two detached parts
of the civil parish of Outseats which are bounded
on three sides by the civil parish of Derwent, the
municipal boroughs of Buxton and Glossop, and
the urban district of New Mills.
ILKESTON.
The rural district which consists of the civil par-
ishes of Codnor Park and Shipley, the municipal
borough of Ilkeston, and the urban districts of
Heanor and Ripley.
492 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
NORTH EASTERN.
The rural districts of Clowne and Norton, the part
of the rural district of Chesterfield which consists
of the civil parishes of Beighton, Coal Aston, Dron-
field Woodhouse, Eckington, Holmesfield, Killa-
marsh, Staveley, and tinstone, and the urban dis-
tricts of Bolsover and Dronfield.
SOUTHERN .
The rural districts of Hartshorn and Seals and
Shardlow, the part of the rural district of Bepton
which consists of the civil parishes of Caldwell,
Castle Gresley, Catton, Coton in the Elms, Drake-
low, Linton, Lullington, Rosliston, and Walton-
upon-Trent, and the urban districts of Alvaston
and Boulton, Long Eaton, and Swadlincote District.
WESTERN .
The rural districts of Ashbourno and Sudbury, the
rural district of Bakewell (except the two detached
parts of the civil parish of Outseats which are
bounded on three sides by the civil parish of Der-
went), the part of the rural district of Bepton which
consists of the civil parishes of Barton Blount,
Church Broughton, Foston and Scropton, Hatton,
Hilton, Hoon, Mars ton -on -Dove, Osleston and
Thurvaston, and Sutton-on-the-Hill, the part of the
rural district of Chapel-en-le-Frith which consists
of the two detached parts of the civil parish of Der-
went bounded on the west by the civil parish of
Hathersage, and the urban districts of Ashbourne,
Bakewell, Baslow and Bubnell, Bonsall, Matlock,
Matlock Bath and Scarthin Nick, North Darley,
South Darley, and Wirksworth.
PARLIAMENTARY COUNTIES. 493
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE oontinued r .
Name of Parliamentary County.
DEVON.
Contents of Parliamentary County.
The administrative county of Devon.
Total 'number of Members for Parliamentary County.
Seven.
Names of Divisions jpf
Parliamentary County. Contents or Boundaries of Divisions.
BARN STAPLE.
The rural districts of Barnstaple and Bideford (in-
cluding Lundy Island), the municipal boroughs of
Barnstaple and Bideford, and the urban districts
of Ilfracombe, Lynton, and Northam.
HOXITON .
The rural districts of Axminster and Honiton, the
part of the rural district of St. Thomas which con-
sists of the civil parishes of Aylesbeare, Bicton,
Clyst Honiton, Clyst St. George, Clyst St. Mary,
Colaton Raleigh, East Budleigh, Farringdon,
Lympstone, Newton Poppleford, Otter ton, Rock-
beare, Sowton, and Woodbury, the municipal
borough of Honiton, and the urban districts of Ax-
minster, Budleigh Salterton, Exmouth, Ottery St.
Mary, Seaton, and Sidmouth.
SOUTH MOLTON.
The rural districts of Crediton, Okehampton, South
Molton, and Torrington, the municipal boroughs of
Great Torrington, Okehampton and South Molton,
and the urban district of Crediton.
TAVTSTOCK.
The rural districts of Broadwoodwidger, Plymp-
ton St. Mary, and Tavistock, the part of the rural
district of Holsworthy which is within the adminis-
trative county of Devon, and the urban districts of
Holsworthy, Ivybridge, and Tavistock.
494. REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
TlVERTON.
The rural districts of Oulmstock and Tiverton, the
part of the rural district of Newton Abbot which
consists of the civil parish of West Dawlish, the
part of the rural district of St. Thomas which is
not included in the Honiton Division, the municipal
borough of Tiverton, and the urban districts of
Bampton and Dawlish.
TORQUAY.
The part of the rural district of Newton Abbot
which consists of the civil parishes of Cockington
and Stokeinteignhead, the part of the rural district
of Totnes which consists of the civil parishes of
Churston Ferrers, Kingswear, Marldon, and Stoke
Gabriel, the municipal boroughs of Dartmouth and
Torquay, and the urban districts of Brixham and
Paignton.
TOTNES.
The rural district of Kingsbridge, the part of the
rural district of Newton Abbott which is not in-
cluded in the Tiverton and Torquay Divisions, the
part of the rural district of Totnes which is not
included in the Torquay Division, the municipal
borough of Totnes, and the urban districts of Ash-
burton, Buckfastleigh, Kingsbridge, Newton Abbot,
Salcombe, and Teignmouth.
Name of Parliamentary County.
DORSET.
Contents of Parliamentary County.
The administrative county of Dorset.
Toil number of Members for Parliamentary County.
Pour.
PARLIAMENTARY COUNTIES. 495
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
es of Divisio
\mentary Co.
EASTERN.
Names of Divisions .of
Parliamentary County. Contents or Boundaries of Divisions.
The rural district of Poole, the part of the rural
district of Wimborne and Cranborne which consists
of the civil parishes of Aimer, Chalbury, Colehill,
Corfe Mullen, Hampreston, Hinton Martell, Hinton
Parva, Holt, More Critchel, Pamphill, Shapwick,
Sturminster Marshall, West Parley, and Witchamp-
ton, the municipal borough of Poole, and the urban
district of Wimborne Minster.
NORTHERN.
The rural districts of Blandford, Shaftesbury, Sher-
borne, and Sturminster, the part of the rural district
of Wimborne and Cranborne which is not included
in the Eastern Division, the municipal boroughs of
Blandford Forum and Shaftesbury, and the urban
district of Sherborne.
SOUTHERN.
The rural district of Wareham and Purbeck, the
part of the rural district of Weymouth which is not
included in the Western Division, the municipal
boroughs of Wareham and Weymouth and Mel-
combe Regis, and the urban districts of Portland
and Swanage.
WESTERN.
The rural districts of Beaminster, Bridport, Cerne
and Dorchester, the part of the rural district of
Weymouth which consists of the civil parishes of
Abbotsbury, Langton Herring and Portisham, and
the municipal boroughs of Bridport, Dorchester, and
Lyme Regis.
496 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE -continued.
Name of Parliamentary County.
DURHAM.
'Contents of Parliamentary County.
The administrative county of Durham exclusive of the parts
thereof comprised in parliamentary boroughs.
Total number of Members for Parliamentary (Bounty.
Eleven.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
BARNARD CASTLE.
The rural districts of Barnard Castle and Wear-
dale, the part of the rural district of Auckland
which consists of the civil parishes of Hamsteiiey
and South Bedburn, the part of the rural district
of Lanchester which is not included in the Consett
and Spennymoor Divisions, and the urban districts
of Barnard Castle and Stanhope.
BISHOP AUCKLAND.
The part of the rural district of Auckland which
is not included in the Barnard Castle and Spenny-
moor Divisions, and the urban districts of Bishop
Auckland and Shildon.
BLAYDON.
The urban districts of Blaydon, Eyton, Tanfield,
and Whickham .
CHESTER-LE-STREET .
The rural district of Chester-le-Street, and the
urban district of Chester-le-Street.
CONSETT.
The part of the rural district of Lanchester which
consists of the civil parishes of Craghead, Ebch es-
ter, Healeyfield, Knitsley, and Medomsley, and the
urban districts of Annfield Plain, Benfieldside, Con-
sett, Leadgate, and Stanley.
PARLIAMENTARY COUNTIES. 497
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
DURHAM.
The rural district of Durham (except the civil
parish of Brancepeth), the part of the rural district
of Houghton-le-Spring which consists of the civil
parishes of East Eainton, Great Eppleton, Little
Eppleton, Moor House, Moorsley, and West Kain-
ton, the municipal borough of Durham, and the
urban district of Hetton.
HOUGHTON-LE-SPRING .
The rural districts of South Shields and Sunder-
land, the part of the rural district of Houghton-le-
Spring which is not included in the Durham Divi-
sion, and the urban district of Houghton-le-Spring.
J ARROW.
The municipal borough of Jarrow, and the urban
districts of Felling and Hebburn.
SEAHAM .
The rural district .of Easington, and the urban dis-
trict of Seaham Harbour.
SEDGEFIELD .
The rural districts of Darlington, Hartlepool,
Sedgefield, and Stockton.
SPENNYMOOR.
The part of the rural district of Auckland which
consists of the civil parishes of Helmington Row,
Hunwick and Helmington, and North Bedburn, the
part of the rural district of Durham which con-
sists of the civil parish of Brancepeth, the part of
the rural district of Lanchester which consists of
the civil parish of Hedleyhope, and the urban dis-
tricts of Brandon and Byshottles, Crook, Spenn\ -
moor, Tow Law, and Wellington.
F. 32
498 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
Name of Parliamentary County.
ESSEX.
Contents of Parliamentary County.
The administrative county of Essex exclusive of the parts thereof
comprised in parliamentary boroughs.
Total number of Members for Parliamentary County.
Eight.
Names of Divisiom of
Parliamentary County. Contents or Boundaries of Divisions.
CHELMSFORD.
The rural districts of Chelmsford and Ongar, the
part of the rural district of Billericay which con-
sists of the civil parishes of Hutton, Ingrave,
Mountnessing, Shenfield, and South Weald, the
municipal borough of Chelmsford, and the urban
district of Brentwood.
COLCHESTER.
The rural district of Lexden and Winstree (except
the detached part of the civil parish of Inworth
which is wholly surrounded by the civil parishes
of Great Braxted and Kelvedon), and the municipal
borough of Colchester.
EPPING.
:The rural district of Epjnng, and the urban dis-
tricts of Buckhurst Hill, Chingford, Epping,
Loughton, Waltham Holy Cross, Wanstead, and
.Woodford.
HARWICH.
The rural district of Tendring, the municipal
borough of Harwich, and the urban districts of
Brightlingsea, Clacton, Frinton-on-Sea, Walton-
on-the-Naze, and Wivenhoe.
MALDON.
The rural district of Braintree (with the detached
part of the civil parish of Inworth which is wholly
PARLIAMENTARY COUNTIES. 499
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
surrounded by the civil parishes of Great Braxted
and Kelvedon), the rural district of Maldon, the
municipal borough of Maldon, and the urban dis-
tricts of Braintree, Burnham-on-Crouch, and
Witham.
BOMFORD.
The rural district of Romford, and the urban dis-
tricts of Barking Town and Romford.
SAFFRON WALDEN.
The rural districts of Belchamp, Bumpstead, Dun-
mow, Halstead, Saffron Walden, and Stansted, the
municipal borough of Saffron Walden, and the urban
district of Halstead.
SOUTH-EASTERN .
The rural districts of Orsett and Rochf ord, the part
of the rural district of Billericay which is not in-
cluded in the Chelmsford Division, and the urban
districts of Grays Thurrock, Shoeburyness, and
Tilbury.
Name of Parliamentary County.
GLOUCESTER.
Contents of Parliamentary County,
The administrative county of Gloucester exclusive of the parts
thereof comprised in the parliamentary borough of Cheltenham.
Total number of Members for Parliamentary County.
Four.
Names of Divisions of
Parliamentary Co.unty. Contents or Boundaries of Divisions.
ClRENCESTER AND TEWKESBURY.
The rural districts of Campden, Cirencester, Mars-
ton Sicca, Northleach, and Pebworth, the part of
each of the rural districts of Faringdon, Stow-on-
500 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
the-Wold, Tctbury, Tewkesbury, and Winchcomb
which is within the administrative county of Glou-
cester, the part of the rural district of Cheltenham
which consists of the civil parishes of Prestbury,
Swindon, and Uckington, the municipal borough
of Tewkesbury, and the urban districts of Ciren-
cester, Stow-on-the-Wold, and Tetbury.
FOREST OF DEAN.
The rural distri t of East Dean and united parishes,
Lydney, Newent, and "West Dean, the part of the
rural district of Gloucester which consists of the
civil parishes of Ashleworth, Highnam Over and
Linton, Lassington, and Maisemore, and the urban
districts of Awre, Coleford, Newnham, and West-
bury-on-Severn.
STROUD.
The rural districts of Dursley, Stroud, and
Wheatenhurst, the part of the rural district of
Cheltenham which is not included in the Ciren-
cester and Tewkesbury Division, the part of the
rural district of Gloucester which is not included
in the Forest of Dean Division, and the urban dis-
tricts of Nailsworth and Stroud.
THORNBURY.
The rural districts of Chipping Sodbury, Thorn-
bury, and Warmley, and the urban district of
Kingswood .
Name of Parliamentary County.
HANTS.
Oontents of Parliamentary County.
The administrative county of Southampton, exclusive of the parts
thereof comprised in the parliamentary borough of South-
ampton .
PARLIAMENTARY COUNTIES. 501
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
Total number of Members for Parliamentary County.
Six.
Names of Divisions of
Parliamentary Coynty. Contents &r Boundaries of Divisions.
ALDERSHOT.
The rural district of Hartley Wintney, and the
urban districts of Aldershot, Farnborough, and
Fleet.
BASINGSTOKE .
The rural districts of Andover, Basingstoke, Kings-
clere, Stockbridge, and Whitchurch, and the muni-
cipal boroughs of Andover and Basingstoke.
FAREHAM.
The rural districts of Fareham and Havant, and the
urban districts of Fareham, Gosport and Alver-
stoke, Havant, and Warblington.
NEW FOREST AND CHRISTCHURCH.
The rural districts of Christcliurcli, Fordingbridge,
Lymington, New Forest, Ringwood, and Romsey,
and the municipal boroughs of Christchurch,
Lymington, and Romsey.
PETERSFIELD .
The rural districts of Alresford, Alton, Gathering-
ton, Droxford, and Petersfield, and the urban dis-
tricts of Alton and Petersfield.
WINCHESTER.
The rural districts of Hursley and Winchester, the
rural district of South Stoneham (except the civil
parish of Bittern c), the municipal borough of Win-
chester, and the urban district of Eastleigh and
Bishopstoke.
Name of Parliamentary Oounty.
HEREFORD.
Contents of Parliamentary County.
The administrative county of Hereford.
502 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
Total number of Members for Parliamentary County.
Two,
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
HEREFOKD.
The rural districts of Dore, Boss, and Whitchurch,
the part of each of the rural districts of Hereford
and Ledbuiy which is not included in the Leo-
minster Division, the municipal borough of Here-
ford, and the urban districts of Ledbury and Ross.
LEOMINSTER.
The rural districts of Bredwardine, Bromyard,
Kington, Leominster, Weobley, and Wigmore, the
part of the rural district of Hereford which consists
of the civil parishes of Bartestree, Breinton, Burg-
hill, Credenhill, Dinmore, Holmer, Kenchester,
Lugwardine, Harden, Moreton-on-Lugg, Pipe and
Lyde, Preston Wynne, Stretton Sugwas, Sutton,
Wellington, Westhide, Weston Beggard, and With-
ington, the part of the rural district of Ledbury
which consists of the civil parishes of Ashperton,
Bosbury, Canon Frome, Castle Prome, Coddington,
Colwall, Egleton, Mathon Rural, Munsley, Pixley,
Stretton Grandison, Tarrington, and Yarkhill, the
municipal borough of Leominster, and the urban
districts of Bromyard and Kington.
Name of Parliamentary County.
HERTFORD,
Contents of Parliamentary County.
The administrative county of Hertford.
Total number of Members for Parliamentary Oounty.
Five.
PARLIAMENTARY COUNTIES. 503
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
HEMEL HEMPSTED.
The rural districts of Berkhampstead and Hemel
Hempstead, the part of the rural district of St.
Albans which consists of the civil parishes of Har-
penden Rural, Redbourn, and Wheathampetead, the
part of the rural district of Watford which consists
of the civil parishes of Abbots Langley and Sarratt,
the municipal borough of Hemel Hemps ted, and the
urban districts of Great Berkhampstead, Harpen-
den, and Tring.
HERTFORD .
The rural districts of Hadham and Ware, the part of
the rural district of Hertford which is not included
in the Hitchin Division, the municipal borough of
Hertford, and the urban districts of Bishops Stort-
ford, Cheshunt, Hoddesdon, Sawbridge worth, and
Ware.
HITCHIN.
The rural districts of Ashwell, Buntingford,
Hitchin, and Welwyn, the part of the rural district
of Hertford which consists of the civil parishes of
Aston, Bennington, Datchworth, Sacombe, Wai-
kern, and Watton at Stone, and the urban districts
of Baldock, Hitchin, Royston, and Stevenage.
ST. ALBANS.
The rural districts of Barnet and Hatfield, the part
of the rural district of St. Albans which is not in-
cluded in the Hemel Hempsted Division, the muni-
cipal borough of St. Albans, and the urban dis-
tricts of Barnet and East Barnet Valley.
WATFORD.
The part of the rural district of Watford which
is not included in the Hemel Hempsted Division,
and the urban districts of Bushey, Chorleywood,
Rickmansworth, and Watford.
504 REPRESENTATION OF THE PEOPLE ACT, 1918.
(.1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
Name of Parliamentary County.
HOLLAND WITH BOSTON.
Contents of Parliamentary Comity.
The administrative county of the Parts of Holland.
Total number of Members fo'r Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
of Parliamentary County.
HUNTINGDON.
Contents of Parliamentary County.
The administrative county of Huntingdon.
Total number O'f Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents w Boundaries of Divisions.
Name of Parliamentary County.
ISLE OF ELY.
\Oontents of Parliamentary County.
The administrative county of the Isle of Ely.
Total number of Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
PARLIAMENTARY COUNTIES. 505
(1) ENGLAND,, EXCLUDING MONMOUTHSHIRE continued.
Name of Parliamentary County.
ISLE OF WIGHT.
Contents of Parliamentary County.
The administrative county of the Isle of Wight.
Total number of Members -for Parliamentary County.
One.
Names oj Divisions of
Parliamentary Co,unty. Contents or Boundaries of Divisions.
Name of Parliamentary County.
KENT.
Contents of Parliamentary County.
The administrative county of Kent (exclusive of the parts thereof
comprised in parliamentary boroughs) and the county borough
of Canterbury.
Total number of Members f&r Parliamentary County.
Eleven.
Name* of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
ASHFORD.
The rural districts of Cranbrook, East Ashford,
Romney Marsh, Tenterden, and West Ashford, the
municipal boroughs of Lydd, New Romney, and
Tenterden, and the urban district of Ashford.
CANTERBURY.
The rural districts of Bridge and Elham, the rural
district of Blean (with the detached parts of the
civil parishes of Dunkirk and Hernhill which are
wholly surrounded by that rural district), the county
borough of Canterbury, and the urban districts of
Herne Bay and Whitstable.
506 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued*.
CHISLEHURST.
The rural district of Bromley, the part of the rural
district of Dartford which is not included in the
Dartford Division, and the urban districts of
Chislehurst and Foots Cray.
DARTFORD .
The part of the rural district of Dartford which
consists of the civil parishes of Crayford, Stone, and
Swanscombe, and the urban districts of Bexley,
Dartford; and Erith.
DOVER.
The rural districts of Dover and Eastry, the muni-
cipal boroughs of Deal and Dover, and the urban
district of Walmer.
PAVERSHAM.
The rural districts of Milton and Sheppey, the
rural . district of Faversham (except the detached
parts of the civil parishes of Dunkirk and Hern-
hill which are wholly surrounded by the rural dis-
trict of Blean), the municipal boroughs of Faver-
sham and Queenbo rough, and the urban districts
of Milton Regis, Sheerness, and Sittingbotirne.
GRAVESEND.
The rural districts of Hoo and Strood, the muni-
cipal borough of Gravesend, and the urban dis-
trict of Northfleet.
ISLE OF THANET.
The rural district of the Isle of Thanet, the muni-
cipal boroughs of Margate, Ramsgate, and Sand-
wich, and the urban district of Broadstairs and St.
Peters.
MAIDSTONE.
The rural districts of Hollingbourne and Maid-
stone, and the municipal borough of Maidstone.
PARLIAMENTARY COUNTIES. 507
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
SEVENOAKS.
The rural districts of Mailing and Sevenoaks, and
the urban districts of Sevenoaks and Wrotham.
TONBRIDGE.
The rural district of Tonbridge, the municipal
borough of Tunbridge Wells, and the urban dis-
tricts of Southborough and Tonbridge.
Name of Parliamentary County.
PARTS OF KESTEVEN, AND RUTLAND.
Contents of Parliamentary County.
The administrative county of the Parts of Kesteven (exclusive of
the part thereof comprised in the parliamentary borough of
Lincoln), and the administrative county of Rutland.
Total Dumber of Members for Parliamentary Ctotmty.
Two.
Names of Divisions of
Parliamentary Cpiunty. Contents or Boundaries of Divisions.
GRANTHAM.
The rural districts of Branston, Claypole, and Slea-
ford, the part of the rural district of Grantham
which consists of the civil parishes of Ancaster,
Barrowby, Belton, Carlton Scroop, Groat Goner by,
Harrowby Without, Heydour, Honington, Hough-
on-the-Hill, Londonthorpe, Manthorpe, Norman-
ton, Welby, and the detached part of the civil parish
of Spittlegato Without which is wholly surrounded
by the municipal borough of Grantham , the muni-
cipal borough of Grantham, and the urban districts
of Ruskington and Sleaford.
RUTLAND AND STAMFORD.
The whole of the administrative county of Rutland,
the rural districts of Bourne and Uffington, the part
of the rural district of Grantham which is not in-
508 REPRESENTATION OF THE PEOPLE ACT, 1918.
^1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
eluded in the Grantham Division, the municipal
borough of Stamford, and the urban district of
Bourne.
Name of Parliamentary County.
LANCASTER.
Contents of Parliamentary County.
The administrative county of Lancaster exclusive of the parts
thereof comprised in parliamentary boroughs.
Total number of Members for Parliamentary Oo-unty.
Eighteen .
Names of Divisions of
Parliamentary Oo-unty . Contents or Boundaries of Divisions.
CHORLEY.
The rural district of Chorley, the part of the rural
district of Wigan which consists of the civil parishes
of Haigh, Parbold, Worthington, and Wrighting-
ton, the municipal borough of Chorley, and the
urban districts of Adlington, Croston, Leyland, and
Withnell.
CLITHEROE.
The rural district of Burnley (except the detached
part of the civil parish of Foulridge which is in-
cluded in the parliamentary borough of Nelson and
Colne), the rural district of Clitheroe, the muni-
cipal borough of Clitheroe, and the urban districts
of Great Harwood and Padiham.
DA R WEN.
The rural district of Blackburn, the municipal
borough of Darwen, and the urban district of
Turton.
PARN WORTH.
The part of the rural district of Barton-upon
Irwell which consists of the civil parish of Clifton,
PARLIAMENTARY COUNTIES. 009
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
the part of the rural district of Bury which con-
sists of the civil parishes of Ainsworth and Out-
wood, and the urban districts of Famworth, Kears-
ley, Little Hulton, Little Lever, and Worsley.
FYLDE.
The rural district of Fylde (except the part of the
civil parish of Carleton which is included in the
parliamentary borough of Blackpool), the rural dis-
trict of Preston, and the urban districts of Fleet-
wood, Kirkham, Longridge, Poulton-le- Fylde,
Thornton, and Walton-le-Dale.
HEYWOOD AND RADCLIFFE.
The part of the rural district of Bury which is not
included in the Famworth Division, the municipal
borough of Hey wood, and the urban districts of
Radcliffe, Harnsbottom, and Whitefield.
INCE.
The part of the rural district of Wigan which con-
sists of the civil parish of Shevington, and the urban
districts of Abram, Ashton-in-Makerfield, Billinge,
Ince-in-Makerfield, Orrell, .and Standish-with
Langtree .
LANCASTER.
The rural district of Garstang, the part of the rural
district of Lancaster which is not included in the
Lonsdale Division, the municipal boroughs of Lan-
caster and Morecambe, and the urban districts of
Heysham and Preesall.
LONSDALE .
The rural districts of Lunesdale and Ulverston, the
detached part pf the rural district of Lancaster which
is situated north of the municipal boroughs of Lan-
caster and Morecambe, and the urban districts of
Carnforth, Dalton-in-Furness, Grange, and Ulver-
ston.
510 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
MlDDLETON AND PnESTWICH.
The municipal borough of Middleton, and the urban
districts of Chadderton and Prestwich.
MOSSLEY.
The rural district of Limehurst, the municipal
borough of Mossley, and the urban districts of
Audenshaw, Denton, Droylsden, Failsworth, and
Lees.
NEWTON.
The rural district of Warrington, the rural district
of Leigh (except the civil parish of Astley), and
the urban districts of Golborne, Haydock, and
Newton -in-Makerfield .
ORMSKIRK.
The rural districts of Sefton and West Lancashire,
the part of the rural district of Wigan which con-
sists of the civil parish of Dalton, and the urban
districts of Eormby, Lathom-with-Burscough,
Ormskirk, Rainford, Skelmersdale, and Upholland.
ROYTON.
The urban districts of Crompton, Littleborough,
Milnrow, Norden, Royton, Wardle, and Whitworth.
STRETFORD .
The rural district of Barton -upon-Irwell (except
the civil parish of Clifton), the part of the rural
district of Leigh which consists of the civil parish
of Astley, and the urban districts of Irlam, Stret-
ford, and Urmston.
WATERLOO.
The urban districts of Great Crosby, Litherland,
Little Crosby, and Waterloo-with-Seaforth.
WESTHOUGHTON .
The urban districts of Aspull, Blackrod. Hindley,
Horwich, and Westhoughton.
PARLIAMENTARY COUNTIES. 511
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
WIDNES.
The rural district of Whiston, the municipal
borough of Widnes, and the urban districts of
Huytxm-with-Koby and Prescot.
Name of Parliamentary County.
LEICESTEB.
Contents of Parliamentary County.
The administrative county of Leicester.
Total n\umber of Members for Parliamentary County.
Four.
Names of Divisions of
Parliamentary County. Contents or 'Boundaries of Divisions.
BOSWORTH.
The rural districts of Hinckley and Market Bos-
worth, the part of the rural district of Ashby-de-
la-Zouch which consists of the civil parish of
Bardon, and the urban districts of Coalville and
Hinckley.
HARBOROUGH.
The rural districts of Blaby, Hallaton, Lutter-
worth, and Market Harborough, and the urban dis-
tricts of Market Harborough, Oadby, and Wigston
Magna.
LOUGHBO ROUGH .
The rural districts of Castle Donington and Lough-
borough, the part of the rural district of Ashby-de-
la-Zouch which is not included in the Bosworth
Division, the municipal borough of Loughborough,
and the urban districts of Ashby-de-la-r-Zouch,
Ashby Woulds, and Shepshed .
MELTON.
The rural districts of Barrow-upon-Soar, Belvoir,
Billesdon, and Melton Mowbray, and the urban dis-
tricts of Melton Mowbray, Quorndon, and Thur-
maston .
512 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
Name of Parliamentary Co\unty.
PARTS OF LINDSEY.
Contents of Parliamentary C&unty.
The administrative county of the parts of Lindsey exclusive of the
part thereof comprised in the parliamentary borough of
Grimsby.
Total number of Members for Parliamentary County.
Four.
Names of Divisions of
Parliamentary County, Contents or Boundaries of Divisions.
BRIGG.
The rural district of Glanford Brigg, and the urban
districts of Barton-upon-Humber, Brigg, Brough-
ton, Brumby and Frodingham, Roxby-cum-Risby,
Scunthorpe, and Winterton.
GAINSBOROUGH.
The rural districts of Gainsborough, Isle of Ax-
holme, and Welton, and the urban districts of
Crowle and Gainsborough .
HORNCASTLE .
The rural districts of Horncastle, Sibsey, and
Spilsby, and the urban districts of Alford, Horn-
castle, Skegness, and Woodhall Spa.
LOUTH.
The rural districts of Caistor, Grimsby, and Louth,
the municipal borough of Louth, and the urban dis-
tricts of Mablethorpe and Market Rasen.
Name of Parliamentary County,
MIDDLESEX.
Contents of Parliamentary C&unty.
The administrative county of Middlesex exclusive of the parts
thereof comprised in parliamentary boroughs.
PARLIAMENTARY COUNTIES. * 513
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
Total vwimber of Members -for Parliamentary Oounty.
Ten.
Names k>f Division^ otf
Parliamentary (?p\unty. Contents or Boundaries of Divisions.
ACTON .
The urban district of Acton.
BRENTFORD AND CHISWICK.
The urban districts of Brentford and Chiswick.
ENFIELD .
The rural district of South Mimms and the urban
district of Enfield.
FlNCHLEY.
The urban districts of Finchley and Friern Barnet.
HARROW.
The urban districts of Greenf ord, Hanwell, Harrow-
on-the-Hill, Wealdstone, and Wembley.
HEN DON.
The rural district of Hendon, and the urban districts
of Hendon and Kingsbury.
SPELTHORNE .
The rural district of Staincs, and the urban dis-
tricts of Feltham, Hampton, Hampton Wick,
Staines, Sunbury-on-Thames, and Teddington.
TWICKENHAM.
The urban districts of Heston and Isleworth and
Twickenham .
UXBRIDGE.
The rural district of Uxbridge, and the urban dis-
tricts of Hayes, Ruislrp-Northwood, Southall-
Norwood, Uxbridge, and Yiewsley.
WOOD GREEN.
The urban districts of Southgate and Wood Green.
F. 33
514 REPRESENTATION OF THE PEOPLE ACT, 1918.
' (1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued'.
Nfine of Parliamentary County.
NOBFOLK.
Contents of Parliamentary County.
The administrative county of Norfolk.
Total Dumber of Members for Parliamentary Oounty.
Five.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
EASTERN.
The rural districts of East and West Flegg, Loddon
and Clavering, St. Faith's, Smallburgh, and Bio-
field (including the area, wholly surrounded by the
county borough of Norwich, in which stand the
shire hall, county police station and other county
buildings), and the urban district of North Wals-
ham.
KING'S LYNN.
The rural districts of Docking, Freebridge Lynn,
King's Lynn, and Marshland (except the civil
parishes of Outwell and Upwell), the part of the
rural district of Downham which consists of the civil
parishes of Wiggenhall St. Germans, Wiggenhall
St. Mary the Virgin, Wiggenhall St. Mary Mag-
dalen, and Wiggenhall St. Peter, the municipal
borough of King's Lynn, and the urban districts
of New Hunstanton and Walsoken.
NORTHERN.
The rural districts of Aylsham, Erpingham, and
Walsingham, and the urban districts of Cromer,
Sheringham, and Wells.
vSOTJTHERN.
The rural districts of Depwade, Forehoe, Hcnstead,
and Wayland, the part of the rural district of Thet-
PARLIAMENTARY COUNTIES. 515
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
ford which is not included in the South- Western
Division, and the urban district of Diss.
SOUTH-WESTERN .
The rural districts of Mitford and Launditdi and
S waff ham, the part of the rural district of Down-
ham which is not included in the King's Lynn
Division, the part of the rural district of Marshland
which consists of the civil parishes of Outwell and
Up well, the part of the rural district of Thetford
which consists of the civil parishes of Cranwich,
Feltwell. Feltwell Anchor, Hockwold-cum- Wilton,
Lynford, Methwold, Mundford, Northwold, Santon,
Weeting with Bromehill, and West Tofts, the muni-
cipal borough of Thetford, and the urban districte
of Downham Market, East Dereham, and Swaff-
ham .
Name of Parliamentary County.
NORTHAMPTON, WITH THE SOKE OF PETER-
BOEOUGH.
Contents of Parliamentary Co\unty.
The administrative counties of Northampton and the soke of
Peterborough.
Total Dumber of Members for Parliamentary County.
Four.
Names of Divisions of
Parliamentary Coymty. Contents or Boundaries of Divisions.
DAVENTRY.
The rural districts of Brackley, Crick, Daventry,
Hardingstone, Middleton Cheney, Potterspury, and
Towcester, the part of the rural district of North-
ampton which is not included in the Kettering
Division, and the municipal boroughs of Brackley
and Daventry.
33 (2)
516 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
KETTERING.
The rural districts of Brix worth, Kettering, and
Oxendon, the part of the rural district of North-"
amp ton which consists of the civil parishes of Great
Billing, Little Billing, and Weston Favell, and the
urban districts of Desborough, Kettering, and Both-
well.
PETERBOROUGH .
The administrative county of the soke of Peter-
borough, the rural districts of Easton-on-the-Hill
and Gretton, the part of the rural district of Oundle
which is within the administrative county of North-
ampton, that part of the rural district of Thrapston
which is within the administrative county of North-
ampton and is not included in the Wellingborough
Division, and the urban district of Oundle.
WELLINGBOROUGH .
The rural district of Wellingborough, the part of
the rural district of Thrapston which consists of
the civil parishes of Chelveston-cum-Caldecott, Har-
grave, and Stanwick, the municipal borough of
Higham Ferrers, and the urban districts of Fine-
don, Irthlingborough, Eaunds, Rushden, and Wel-
lingborough.
; Name of Parliamentary O,o\unty.
NOB THUMBEEL AND .
(Contents 'of Parliamentary Cf
Parliamentary (bounty. Contents or Boundaries of Divisions.
CHERTSEY.
The rural district of Chertsey, and the urban dis-
tricts of Chertsey, East and West Molesey, Egham,
Esher, and the Dittons, Walton-upon-Thames, and
Weybridge.
EASTERN.
The rural district of Godstone and the urban dis-
tricts of Caterham and Coulsdon and Purley.
EPSOM.
The rural district of Epsom, and the urban districts
of Epsom, Leathern ead, and Sutton.
EARN HAM.
The rural district of Farnham, the part of the rural
district of Guildford which consists of the civil
parish of Pirbright, and the urban districts of Farn-
ham, Frimley, Windlesham, and Woking.
GUILDFOED.
The rural district of Hambledon, the rural district
of Guildford (except the civil parish of Pirbright),
the municipal boroughs of Guildford and God-
aiming, and the urban district of Haslemere.
MITCHAM.
The urban districts of Beddington and Wellington,
Carshalton, and Mitcham.
526 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
REIGATE.
The rural districts of Dorking and Reigate, the
municipal borough of Reigate, and the urban dis-
trict of Dorking.
Name of Parliamentary Co.unty.
EAST SUSSEX.
(Contents of Parliamentary County.
The administrative county of East Sussex (exclusive of the part
thereof comprised in the parliamentary borough of Brighton)
and the county borough of Eastbourne.
Total ^number of Members for Parliamentary (bounty.
Four.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
EASTBOURNE.
The rural district of Eastbourne, the part of the
rural district of Hailsham which consists of the civil
parishes of Arlington, Chalvington, Chiddingly,
Hailsham, Hellingly, Laughton, and Ripe, and the
county borough of Eastbourne.
EAST GRINSTEAD.
The rural districts of Cuckfield, East Grinstead,
and Uckfield, and the urban districts of Burgess
Hill, Cuckfield, East Grinstead, Hayward's Heath,
and Uckfield.
LEWES.
The rural districts of Chailey, Newhaven, and
Steyning East, the municipal borough of Lewes,
and the urban districts of Newhaven, Portslade-by-
Sea, and Seaford.
RYE.
The rural districts of Battle, Hastings, Rye, and
Ticehurst, the part of the rural district of Hailsham *
PARLIAMENTARY COUNTIES. 527
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE con tinned.
which is not included in the Eastbourne Division,
the municipal boroughs of Bexhill and Rye, and
the urban district of Battle.
Name of Parliamentary County.
WEST SUSSEX.
Contents of Parliamentary County.
The administrative county of West Sussex.
Total number of Members for Parliamentary County.
Two.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
CHICHESTER.
The rural districts of East Preston, Midhurst, Pet-
worth, Westbourne, and Westhampnett, the muni-
cipal boroughs of Arundel and Chiehester, and the
urban districts of Bognor and Littlehampton.
HORSHAM AND WORTHING.
The rural districts of Horsham, Steyning West, and
Thakeham, the municipal borough of Worthing,
and the urban districts of Horsham, Shoreham-by-
Sea, and South wick.
Name of Parliamentary County.
WARWICK.
Contents of Parliamentary County.
The administrative county of Warwick.
Total member of Members for Parliamentary County.
Four.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
NUN EATON.
The rural districts of Atherstone, Coventry, Foles-
hill, and Nuneaton, the municipal borough of Nun-
eaton, and the urban district of Bulkington.
528 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
EUGBY.
The rural districts of Farnborough, Monks Kir by r
Rugby, and Southam, the part of the rural district
of Brailes which is not included in the Warwick and
Leamington Division, the part of the rural district
of Stratford-on-Avon which consists of the civil
parishes of Charlcote, Combrook, Compton Verney,
Eating ton, Kineton, Loxley, Moreton Morrell,
Newbold Pacey, Wellesbourne Hastings, and
Wellesbourne Mountford, and the urban district of
Rugby.
TAM WORTH.
The rural districts of Meriden and Solihull, the part
of the rural district of Tamworth which is within
the administrative county of Warwick, and the
municipal borough of Sutton Coldfleld.
WARWICK AND LEAMINGTON.
The rural districts of Alcester and Warwick, the
part of the rural district of Brailes which consists
of the civil parishes of Ilmington and Stretton-on-
Fosse, the part of the rural district of Stratford-on-
Avon which is not included in the Rugby Division,
the municipal boroughs of Royal Leamington Spa,
Stratford-on-Avon, and Warwick, and the urban
district of Kenilworth.
Name of Parliamentary County.
WESTMORLAND.
Oontents 'of Parliamentary County.
The administrative county of Westmorland.
Total number of Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary C&unty. Contents or Boundaries of Divisions.
PARLIAMENTARY COUNTIES. 529
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
Name of Parliamentary County.
WILTS.
C'ontents of Parliamentary County.
The administrative county of Wilts.
Total number of Members for Parliamentary County.
Eive.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions..
CHIPPENHAM.
The rural districts of Calne, Chippenham, and
Malrnesbury, the rural district of Cricklade and
Wootton Bassett (except the detached part of the
civil parish of Lydiard Tregoze which is wholly
surrounded by the civil parishes of Broad Hinton
and Wroughton), the part of the rural district of
Tetbury which is within the administrative county
of Wilts, and the municipal boroughs of Calne,
Chippenham, and Malrnesbury.
DEVIZES.
The rural districts of Devizes, Marlborough, Pew-
sey, and Eamsbury, the part of the rural district
of Highworth which consists of the civil parishes
of Bishopstone, Chisledon, Liddington, Little
Hinton, Wanborough, and Wroughton, the afore-
said detached part of the civil parish of Lydiard
Tregoze, and the municipal boroughs of Devizes
and Marlborough.
SALISBURY.
The rural districts of Amesbury, Salisbury, Tis-
bury, and Wilton, and the municipal boroughs of
Salisbury and Wilton.
SWINDON.
The part of the rural district of Highworth which
is not included in the Devizes Division, and the
municipal borough of Swindon.
F. 34
530 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
WESTBURY.
The rural districts of Bradford-on-Avon, Melks-
ham, Mere, Warminster, and Westbury and Whor-
wellsdown, and the urban districts of Bradford-on-
Avon, Melksham, Trowbridge, Warminster, and
Westbury.
Name of Parliamentary County.
WORCESTER.
C'ontents of Parliamentary County.
The administrative county of Worcester.
Total number of Members for Parliamentary Bounty.
Pour.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
BE WDLEY .
The rural districts of Hartley, Rock, Tenbury, and
Upton-upon-Severn, the part of the rural district
of .Tewkesbury which consists of the civil parishes
of Chaceley and Pendock, the rural district which
consists of the civil parishes of Rcdmarley D'Abitot
and Staunton, the municipal borough of Bewdley,
and the urban districts of Malvern and Stourport.
EVESHAM.
The rural districts of Droitwich, Evesham, Pecken-
ham, Pershore, and Shipston-on-Stour, the parts of
the rural districts of Stow-on-the-Wold and Winch-
comb which are within the administrative county
of Worcester, the part of the rural district of
Tewkesbury which consists of the civil parishes
of Bredon, Bredon's Norton, Conderton, Overbury,
and Teddington, and the municipal boroughs of
Droitwich and Evesham.
PARLIAMENTARY COUNTIES. 531
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
KIDDERMINSTER .
The rural districts of Brornsgrove and Kidder-
minster, the municipal borough of Kidderminster,
and the urban districts of Bromsgrove, North
Bromsgrove, and Eedditch.
STOURBRIDGE.
The rural district of Halcsoweu, the municipal
borough of Stourbridge, and the urban districts of
Lye and Wollescote and Oldbury.
Name of Parliamentary County.
YORK, EAST RIDING.
Contents of Parliamentary County.
The administrative county of York, East Riding.
Total number of Members for Parliamentary County.
Three.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
BUCK ROSE.
The rural districts of Bridlington, Driffield, Norton,
and Sherburn, the municipal borough of Bridling-
ton, and the urban districts of Filey, Great Driffield,
and Norton.
HOLDERNESS.
The rural districts of Patrington and Skirlaugh,
the part of the rural district of Beverley which is
not included in the Howdenshire Division, the part
of the rural district of Sculcoates which consists
of the civil parishes of Preston and Sutton, the
municipal boroughs of Beverley and Hedon, and
the urban districts of Cottingham, Hornsea. and
Withernsea.
34 (2)
532 REPRESENTATION OF THE PEOPLE ACT, 1918.
(I) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
HOWDENSHIRE.
The rural districts of Escrick, Howden, Pockling-
ton, and Eiocall, the part of the rural district of
Beverley which consists of the civil parishes of
Brantingham, Ellerker, Elloughton-with-Brough,
and South Cave, the part of the rural district of
Sculcoates which is not included in the Holder-
ness Division, and the urban districts of Hessle and
Pocklington.
Name of Parliamentary County.
YORK, NORTH RIDING.
Contents of Parliamentary County.
The administrative county of York, North Riding, exclusive of the
part thereof comprised in the parliamentary borough of
Stockton-on-Tees .
Total number of Members for Parliamentary County.
Pour.
Names of Divisions of
Parliamentary C'ounty. Contents or Boundaries of Divisions.
CLEVELAND.
The rural district of Middlesbrough, the part of
the rural district of Guisborough which is not in-
cluded in the Scarborough and Whitby Division,
and the urban districts of Eston, Guisborough, Hin-
derwell, Loftus, Redcar, Saltburn-by-the-Sea, and
Skelton and Brotton.
RICHMOND.
The rural districts of Aysgarth, Bedale, Croft, Ley-
burn, Northallerton, Reeth, Richmond, Startforth,
and Stokesley, the municipal borough of Richmond,
and* the urban districts of Kirklington-cum-Ups-
land, Masham, and Northallerton.
PARLIAMENTARY COUNTIES. 533
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
SCARBOROUGH AND WHITBY.
The rural districts of Scarborough and Whitby, the
part of the rural district of Guisborough which con-
sists of the civil parishes of Commondale, Danby,
and Westcrdale, the part of the rural district of
Pickering which consists of the civil parishes of
Allerston, Ebberston, Kingthorpe, Levisham, Lock-
ton, Marishes, Newton, Thornton Dale, and .Wilton,
the municipal borough of Scarborough, and the
urban districts of Pickering, Scalby, and Whitby.
THIRSK AND M ALTON.
The rural districts of Easingwold, Flaxton, Helms-
ley, Kirkby Moorside, Malton, Thirsk, and Wath,
the part of the rural district of Pickering which is
not included in the Scarborough and Whitby Divi-
sion, and the urban district of Malton.
Name of Parliamentary County.
YORK, WEST RIDING.
Contents of Parliamentary County.
.The administrative county of York, West Riding, exclusive of the
parts thereof comprised in parliamentary boroughs.
Total number of Members for Parliamentary County.
Nineteen .
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
BARKSTON ASH.
The rural districts of Bishopthorpe, Selby, Tad-
caster, and Wetherby, the part of the rural district
of Great Ouseburn which consists of the civil
parishes of Acomb, H essay, Knapton, Moor Monk-
ton, Nether Poppldxm, Rufforth, and Upper Pop-
pleton, and the urban districts of Garforth and
Selby.
534 REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
COLNE VALLEY.
The urban districts of. Farnley Tyas, Golcar, Holme,
Holmfirth, Honley, Linthwaite, Marsden, Meltham,
New Mill, Saddleworth, Scammonden, Slaith-
waite, South Crosland, Springhead, and Thurston-
land .
DONCASTER.
The municipal borough of Doncaster, and the
urban districts of Adwick-le-Street and Bentley-
with-Arksey.
DON VALLEY.
The rural districts of Doncaster and Thorne, and
the urban districts of Mexborough and Tickhill.
ELLAND.
The rural district of Halifax (except the civil parish
of Norland), the municipal borough of Brighouse,
and the urban districts of Clayton, Elland, Greet-
lahd, Hipperholme, Queensbury, Shelf, Southow-
ram, and Stainland.
HEMSWORTH.
The rural district of Hemsworth, the part of the
rural district of Barnsley which is not included in
the Wentworth Division, and the urban districts of
Cud worth and Roys ton.
KEIGHLEY.
The rural district of Keighley, the municipal
borough of Keighley, and the urban districts of
Denholme, Haworth, Oakworth, Oxenhope, and
Silsden .
NORM ANTON.
The urban districts of Altofts, Castleford, Feather-
stone, Methley, Norman ton, and Whitwood.
PENISTONE.
The rural districts of Ponistone and Wortley, and
the urban districts of Clayton West, Denby and
PARLIAMENTARY COUNTIES.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
Cumber-worth, Gunthwaite and Ingbirchworth ,
Hoyland Swaine, Kirkburton, Penistone, Shelley,
Shepley, Skelmanthorpe, Stocksbridge, and Thurl-
stone .
PONTEFRACT.
The rural districts of Goole and Pontefract, the
municipal borough of Pontefract, and the urban
districts of Goole and Knottingley.
PUDSEY AND OTLEY.
The part of the rural district of Wharfedale which
is not included in the Shipley Division, the muni-
cipal borough of Pudsey, and the urban districts
of Burley-in-Wharfedale, Calverley, Farsley, Hors-
forth, Ilkley, Otley, and Rawdon.
RIPON.
The rural districts of Knaresborough, Pateley
Bridge, an-d Ripon, the part of the rural district
of Great Ouseburn which is not included in the
Barkston Ash Division, the municipal boroughs of
Harrogate and Ripon, and the urban district of
Knaresborough .
ROTHER VALLEY.
The rural district of Kiveton Park, the part of the
rural district of Rotherham which is not included
in the Wentworth Division, and the urban districts
of Handsworth and Swinton.
ROTHWELL.
The rural districts of Hunslet and Wakefield, and
the urban districts of Ardsley East and West,
Emley, Flockton, Horbury, Rothwell, and Stanley.
SHIPLEY.
The part of the rural district of Wharfedale which
consists of the civil parishes of Esholt, Hawks-
worth, and Menston, and the urban districts of
Baildon, Bingley, Guiseley, Shipley, and Yeadon.
53t) REPRESENTATION OF THE PEOPLE ACT, 1918.
(1) ENGLAND, EXCLUDING MONMOUTHSHIRE continued.
SKIPTON.
The rural districts of Bowlaiid, Sedbergh, Settle,
and Skipton, and the urban districts of Barn olds-
wick, Earby, and Skipton.
SOWERBY.
The rural district of Todmorden, the part of the
rural district of Halifax which consists of the civil
parish of Norland, the municipal borough of Tod-
morden, and the urban districts of Barkisland,
Hebden Bridge, Luddenden Foot, Midgley,
Mytholmroyd, Rishworth, Sowerby, Sower by
Bridge, and Soyland.
SPEN VALLEY.
The urban districts of Birkenshaw, Birstal, Drigh-
lington, Gildersome, Heckmondwike, Hunsworth,
Kirkheaton, Lepton, Mirfield, Spenborough, and
Whitley Upper.
WENT WORTH.
The part of the rural district of Barnsley which
consists of the civil parishes of Billingley and Stain-
borough, the part of the rural district of Rother-
ham which consists of the civil parishes of Bramp-
ton Bierlow and Wentworth, and the urban districts
of Bolton-upon-Dearne, Dariield, Dodworth, Hoy-
land Nether, Thurnscoe, Wath-upon-Dearne,
Wombwell, and Worsborough.
(2) WALES AND MONMOUTHSHIRE.
Name of Parliamentary County.
ANGLESEY.
Contents of Parliamentary County.
The administrative county of Anglesey.
PARLIAMENTARY COUNTIES. 537
(2) WALES AND MONMOUTHSHIRE continued.
Total number of Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
Name of Parliamentary County.
BRECON AND RADNOR.
Contents of Parliamentary County.
The administrative counties of Brecon and Radnor,
Total number of Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
'Name of Parliamentary County.
CARDIGAN.
Contents of Parliamentary County.
The administrative county of Cardigan.
Total number of Members for Parliamentary Oounty.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
Name of Parliamentary County.
CARMARTHEN.
Contents of Parliamentary County.
The administrative county of Carmarthen
538 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) WALES AND MONMOUTHSHIBE ^#ttfo'm*e$.
Total number of Members for Parliamentary County.
Two.
Names of Divisions of
Parliamentary Oounty. Contents or Boundaries of Divisions.
CAKMARTHEN .
The rural districts of Carmarthen, Llandovery,
Llanybyther, Newcastle-in-Emlyn, and Whitland,
the part of the rural district of Llandilofawr which
is not included in the Llanelly Division, the muni-
cipal boroughs of Carmarthen, Kid welly, and Llan-
dovery, and the urban districts of Llandilo and
Newcastle Emlyn.
LLA NELLY.
The rural district of Llanelly, the part of the rural
district of Llandilofawr which consists of the civil
parishes of Bettws, Llandybie, and Quarter Bach,
and the part of the civil parish of Llandilo Rural
which comprises Ward I. of that parish as formed
by the order of the county council of Carmarthen
dated the 23rd day of October, 1894, the municipal
borough of Llanelly, and the urban districts of
Ammanford, Burry Port, and Owmamman.
Name of Parliamentary County.
CARNARVON.
Contents of Parliamentary County.
The administrative county of Carnarvon exclusive of the part
thereof comprised in the Carnarvon District of Boroughs and
inclusive of Bardsey Island.
Total number of Members for Parliamentary Oounty.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
PARLIAMENTARY COUNTIES. 539
(2) WALES AND MONMOUTHSHIRE continued.
Name of Parliamentary County.
DENBIGH.
Contents of Parliamentary County.
The administrative county of Denbigh.
Total number of Members for Parliamentary (bounty.
Two.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
DENBIGH.
The rural districts of Llangollen, Llanrwst, Llan-
silin, Buthin, St. Asaph (Denbigh), and Uwchaled,
the rural district of Glan Conway consisting of the
civil parishes of Llanelian yn Elios and Llansant-
ffraid Glan Conway, the part of the rural district
of Chirk which is not included in the Wrexham
Division, the municipal boroughs of Denbigh and
Ruthin, and the urban districts of Abergele and
Pensarn, Colwyn Bay and Colwyn, Llangollen, and
Llanrwst.
WREXHAM.
The rural district of Wrexham, the part of the rural
district of Chirk which consists of the civil parish
of Chirk, and the municipal borough of Wrexham.
Name of Parliamentary County.
FLINT.
Contents of Parliamentary County.
The administrative county of Flint.
Total number of Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
540 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) WALES AND MONMOUTHSHIRE continued.
Name of Parliamentary County.
GLAMORGAN.
Contents of Parliamentary County.
The administrative county of Glamorgan exclusive of the p&rte
thereof comprised in parliamentary boroughs.
Total number of Members for Parliamentary County.
Seven.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
ABERAVON.
The part of the rural district of Neath which con-
sists of the civil parishes of Baglan Higher, Bag-
Ian Lower, Michaelston Higher, and Michaelston
Lower, the part of the rural district of Penybont
which consists of the civil parishes of Kenfig, Pyle,
Sker, Tythegston Higher, and Tythegston Lower,
the municipal borough of Aberavon, and the urban
districts of Briton Ferry, Glencorwg, Margam, and
Porthcawl.
CAERPHILLY.
The urban districts of Caerphilly and Gelligaer.
GOWER.
The rural districts of Gower and Swansea, and the
urban district of Oysterrnouth.
LLANDAFF AND BARRY.
The rural district of Llandaff and Dinas Powis, and
the urban district of Barry.
NEATII.
The rural district of Pontardawe, the part of the
rural district .of Neath which is not included in
the Aberavon Division, and the municipal borough
of Neath.
PARLIAMENTARY COUNTIES. 541
(2) WALES AND MONMOUTHSHIRE continued.
OGMORE.
The part of the rural district of Penybont which is
not included in the Aberavon Division, and the
urban districts of Bridgend, Maesteg, and Ogmore
and Garw.
PONTYPRIDD.
The rural districts of Cowbridge and Llantrisant
and Llantwitfardre, the municipal borough of Cow-
bridge, and the urban district of Pontypridd.
Name of Parliamentary County.
MERIONETH.
Contents of Parliamentary County.
The administrative county of Merioneth.
Total number of Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
Name of Parliamentary County.
MONMOUTH.
Contents of Parliamentary County.
The administrative county of Monmouth.
Total number of Members for Parliamentary County.
Five.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
ABERTILLERY.
The urban districts of Abercarn, Abertillery, and
Nantyglo and Blaina.
542 REPRESENTATION OF THE PEOPLE ACT, 1918.
(2) WALES AND MONMOUTHSHIRE continued.
BEDWELLTY.
The part of the rural district of St. Mellons which
consists of the civil parish of Bogerstone, and the
urban districts of Bedwas and Machen, Bedwellty,
Mynyddislwyn, and Eisca.
EBBW VALE.
The urban districts of Ebbw Valo, Bhymney, and
Tredegar.
MONMOUTH.
The rural districts of Abergavenny, Chepstow,
Magor, Monmouth, and Pontypool, the rural dis-
trict of St. Mellons (except the civil parish of
Bogerstone), the municipal boroughs of Aberga-
venny and Monmouth, and the urban districts of
Caerleon. Chepstow, and Usk.
PONTYPOOL .
The urban districts of Abersychan, Blaenavon,
Llanfrechfa Upper, Llantarnam, Panteg, and
Pontypool.
Name of Parliamentary County.
MONTGOMERY.
Contents of Parliamentary County.
The administrative county of Montgomery.
Total number of Members for Parliamentary County .
One.
Names of Divisions of
Parliamentary Oounty. Contents or Boundaries of Divisions.
Name of Parliamentary County.
PEMBBOKE.
Contents of Parliamentary County.
The administrative county of Pembroke.
PARLIAMENTARY COUNTIES. 543
(2) WALES AND MONMOUTHSHIRE continued.
Total number of Members for Parliamentary County.
One.
Na/nes of Divisions of
Parliamentary. County. Contents or Boundaries of Divisions.
(3) SCOTLAND.
Name of Parliamentary County.
ABERDEEN AND KINCARDINE.
Contents of Parliamentary County.
The counties of Aberdeen and Kincardine, inclusive of all burghs
situated therein except the county of the city of Aberdeen
arid the burgh of Inverbervie.
Total number of Members for Parliamentary County. .
Three.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
CENTRAL.
The county districts of Aberdeen, Ellon, Garioch,
and Huntly, inclusive of the burghs of Ellon,
Inverurie, Kintorc, Old Meldrum, and Huntly.
EASTERN .
The county districts of Deer and Turriff, inclusive
of all burghs situated therein.
KINCARDINE AND WESTERN.
The county of Kincardine, inclusive of all burghs
situated therein except the burgh of Inverbervie and
that portion of the county of the city of Aber-
deen which is situated within the said county of
Kincardine, together with the county districts of
Alford and Deeside, inclusive of all burghs situated
therein .
544 REPRESENTATION OF THE PEOPLE ACT, 1918.
(3) SCOTLAND continued.
Name of Parliamentary County.
ARGYLL.
Contents of Parliamentary County.
The county of Argyll, inclusive of all burghs situated therein.
Total number of Members -for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
Name of Parliamentary Caunty.
AYE AND BUTE.
Contents &f Parliamentary County.
The counties of Ayr and Bute, inclusive of all burghs situated
therein except the burghs of Ayr, Ardrossan, Irvino, Prest-
wick, Saltcoats, and Troon.
Total number of Members for Parliamentary County.
Three.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
BUTE AND NORTHERN.
The county of Bute, inclusive of all burghs situ-
ated therein, and the county district of Northern
Ayr, inclusive of all burghs situated therein except
in so far as included in the Ayr District of Burghs.
KlLMARNOCK.
The county district of Kilmarnock, inclusive of all
burghs situated therein except in so far as included
in the Ayr District of Burghs.
SOUTH AYRSHIRE.
The county districts of Ayr and Carrick, inclusive
of all burghs situated therein except in so far as
included in the Ayr District of Burgb
is.
PARLIAMENTARY COUNTIES. 545
(3) SCOTLAND continued.
Name of Parliamentary County.
BANFF.
Contents of Parliamentary County.
The county of Banff, inclusive of all burghs situated therein.
Total number of Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
Name of Parliamentary County.
BERWICK AND HADDINGTON.
Contents of Parliamentary County.
The counties of Berwick and Haddington, inclusive of all burghs
situated therein.
Total number of Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Co-ntents or Boundaries of Divisions.
Name of Parliamentary County.
CAITHNESS AND SUNDERLAND.
Contents o>f Parliamentary C&unty.
The counties of Caithness and Sunderland, inclusive of all burghf
situated therein.
Total number of Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Sotmdaries of Divisions.
F. 35
546 REPRESENTATION OF THE PEOPLE ACT, 1918.
(3) SCOTLAND continued.
Name of Parliamentary County.
DUMBARTON.
Contents of Parliamentary County.
The county of Dumbarton, inclusive of all burghs situated therein
except the burghs of Dumbarton and Clydebank.
Total number of Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
Name of Parliamentary Caunty.
DUMFRIES.
Contents of Parliamentary County.
The county of Dumfries, inclusive of all burghs situated therein.
Total number oj Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
Name of Parliamentary County.
FIFE.
Contents &f Parliamentary County.
The county of Fife, inclusive of all burghs situated therein except
the burghs of Dunfermline, Cowdenbeath, Inverkeithing,
Lochgelly, Kirkcaldy, Buckhaven Methil and Innerleven,
Burntisland, Dysart, and Kinghorn.
PARLIAMENTARY COUNTIES. 547
(3) SCOTLAND continued.
Total number of Members for Parliamentary County.
Two.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
EASTERN.
The Cupar and St. Andrews County Districts, in-
clusive of all burghs situated therein, together with
the burgh of Leven and so much of the Kirkcaldy
County District as is contained within the extra-
burghal portion of the parish of Scoonie and the
parish of Kennoway.
WESTERN .
The Dunfermline County District, inclusive of all
burghs situated therein except in so far as in-
cluded in the Dunfermline District of Burghs,
together with so much of the Kirkcaldy County
District, inclusive of all burghs situated therein,
as is included neither in the Eastern Division nor
in the Dunfermline and Kirkcaldy Districts of
Burghs.
Name of Parliamentary County.
FORFAR.
Contents of Parliamentary County.
The county of Forfar, inclusive of all burghs situated therein
except the county of the city of Dundee and the burghs of
Montrose, Arbroath, Brechin, and Forfar.
Total number of Members for Parliamentary Cvunty.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
35(2)
548 REPRESENTATION OF THE PEOPLE ACT, 1918.
(3) SCOTLAND continued.
Name of Parliamentary County.
GALLOWAY.
Contents of Parliamentary County.
The counties of Kirkcudbright and Wigtown, inclusive of all
burghs situated therein.
Total number o-f Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Diiiisions.
Name of Parliamentary C&unty.
INVERNESS AND BOSS AND CEOMAETY.
Contents of Parliamentary County.
The counties of Inverness and Eoss and Cromarty, inclusive of all
burghs situated therein.
Total Dumber of Members for Parliamentary County.
Three.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
INVERNESS.
The county of Inverness, inclusive of all burghs
situated therein, except in so far as contained within
the Western Isles Division.
Eoss AND CROMARTY.
The county of Eoss and Cromarty, inclusive of all
burghs situated therein, except in so far as con-
tained within the Western Isles Division.
WESTERN ISLES.
So much of the county of Eoss and Cromarty as is
contained within the Lews County District, in-
clusive of the burgh of Stornoway, together with
PARLIAMENTARY COUNTIES. 549
(3) SCOTLAND continued.
so much of the county of Inverness as is contained
within the Harris County District, the North Uist
County District, and the South Uist County Dis-
trict.
Name of Parliamentary County.
LANARK.
Contents o>f Parliamentary County.
The county of Lanark, inclusive of all burghs situated therein
except the county of the city of Glasgow and so much of the
burgh of Renfrew as is contained within the parish of Go van.
Total number of Parliamentary County.
The county of Renfrew, inclusive of all burghs situated therein,
except the burghs of Greenock and Paisley, together with so
much of the burgh of Renfrew as is contained within the
parish of Govan in the county of Lanark.
PARLIAMENTARY COUNTIES. 553
(3) SCOTLAND continued.
Total number of Members for Parliamentary County.
Two.
Names of Diviaio-ns of
Parliamentary County. Contents or Boundaries of Divisions.
EASTERN .
The Upper County District, inclusive of all burghs
situated therein, except the burghs of Paisley and
Johnstons, together with so much of the burgh of
Renfrew as is contained within the parish of Govan
in the county of Lanark.
WESTERN .
The Lower County District, inclusive of all burghs
situated therein, except the burgh of Grecnock,
together with the burgh of Johnstone.
Name of Parliamentary C aunty.
ROXBURGH AND SELKIRK.
Contents of Parliamentary County.
The counties of Roxburgh and Selkirk, inclusive of all burghs
situated therein.
Toted number of Members for Parliamentary County.
One.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
Name of Parliamentary County.
STIRLING AND CLACKMANNAN.
Contents of Parliamentary Co^unty.
The counties of Stirling and Clackmannan, inclusive of all burghs
situated therein, except the burghs of Stirling, Falkirk and
Grangemouth.
554
REPRESENTATION OF THE PEOPLE ACT, 1918.
(3) SCOTLAND continued.
Total number of Members for Parliamentary County.
Two.
Names of Divisions of
Parliamentary County. Contents or Boundaries of Divisions.
CLACKMANNAN AND EASTERN.
The county of Clackmannan, inclusive of all burghs
situated therein, together with the Eastern County
District of the county of Stirling, exclusive of the
burghs of Falkirk and Grangemouth.
WESTERN.
The Central and Western County Districts of the
county of Stirling, inclusive of all burghs situated
therein, but exclusive of the burgh of Stirling.
PART III.
UNIVERSITIES.
Description of University Constituency.
England and "Wales :
The University of Oxford
The University of Cambridge
The University of London
The University of Wales
The University of Durham, the Victoria University of Manches-
ter, the University of Liverpool, the University of Leeds,
the University of Sheffield, the University of Birmingham,
and the University of Bristol
Scotland :
The University of St. Andrews, the University of Glasgow, the
University of Aberdeen, and the University of Edinburgh. .
Number of
Members.
APPENDIX I.
ORDERS IN COUNCIL, DIRECTIONS OF
LOCAL GOVERNMENT BOARD, &c.
[N,B, For further Orders in Council, published too late to
be included in this Appendix, see p. 747, infra, et seq.~]
No. CONTENTS. PAGE
1. Order in Council prescribing Forms for Registration
Purposes (R. P. 4) 555
2. Directions by Local Government Board to Registration
Officers (R. P. 2) 579
3. Memorandum as to Franchises sent by Local Government
Board to Registration Officers (R. P. 6) 589
4. Memorandum of Instructions by Registration Officers to
Overseers (R. P. 5) 597
5. Scale of Registration Expenses (Pt. P. 8) 610
6. Order in Council fixing dates (a) in connection with First
Register (R. P. 3) 613
7. Registration Officers Order, 1918 615
8. Circular Letter from Local Government Board as to
Polling Districts, &c. (R. P. 1) 618
9. Circular Letter from Local Government Board to Regis-
tration Officers dated April 6th, 1918 620
10. Circular Letter from Local Government Board to Regis-
tration Officers dated April 10th, 1918 (R, P. 12) 623
11. Order in Council dated March 22nd, 1918 626
12. Rules by Admiralty defining expression ' * afloat " 628
13. Circular Letter from Local Government Board to Regis-
tration Officers dated May 13th, 1918 (R. P. 14) 628
14. Lists of Bodies recognised by Admiralty, Army Council,
and Air Council as doing Work of National Importance
(R. P. 7 andR. P. 12) 635
No, 1.
OEDEE IN COUNCIL PRESCRIBING FORMS
FOE EEGISTEATION PUEPOSES (b).
R. P. 4.
At the Court at Buckingham Palace, the 4th day of March,
1918.
PRESENT,
The King's Most Excellent Majesty in Council.
WHEREAS under the Representation of the People Act, 1918
(hereinafter referred to as " the Act "), various matters are
to be prescribed by His Majesty by Order in Council:
(a] A further Order iii Council has been substituted for the Order in
Council referred to above. Such further order, -which has been published
too late to be included in this Appendix, will be found on p. 747, infra.
(b) See ss. 13 (2) and 5 (2), pp. 133, 134, and 77, svpra.
56 APPENDIX I.
And whereas in particular provision is made by the Act as
follows:
" His Majesty may by Order in Council proscribe the
forms to be used for registration purposes and any foes
to be taken in connection therewith, and alter the rules,
contained in the First Schedule to this Act for the pur-
pose of carrying this Act into full effect . . . ." (s. 13 (2)).
" The statement of any person, made in the prescribed form
and verified in the prescribed manner, that he would have
had the necessary qualification in any constituency but for
the service which brings him within the provisions of this
section, shall for all purposes of this section be sufficient
if there is no evidence to the contrary." (s. 5 (2)).
Now, therefore, His Majesty is pleased, by and with the advice
of His Privy Council, to order, and it is hereby ordered, as
follows:
1. The forms specified in the Schedule to this Order, or forms
to the like effect, shall be used in the cases to which they are
expressed to be applicable and shall for the purposes of the Act
be deemed to be the prescribed forms.
2. In particular the forms of statement as therein specified
under heading V. (" Forms of statement to be made under s. 5 (2)
of the Act "), or forms to the like effect, shall be deemed to be
the prescribed forms of statement that a person would have had
the necessary qualification but for the service which brings him
within the provisions of the said section, and shall be verified
by being countersigned by an officer or other person in the
manner shown on the forms.
3. This Order shall not apply to Scotland or Ireland.
ALMERIC FrrzRoy.
SCHEDULE.
FORMS.
I. FORMS OF INFORMATION TO BE REQUIRED FROM
HOUSEHOLDERS, OCCUPIERS, OWNERS, AGENTS,
&c.
FIRST SCHEDULE, RULE 35 (6).
FORM A (HOUSEHOLDER OR OCCUPIER).
REPRESENTATION OF THE PEOPLE ACT, 1918.
Particulars required from Householder or Occupier ~lnj the
Registration Officer for
INSTRUCTIONS FOR FILLING UP THIS FORM.
(1) You will enter as a resident any person who is ordinarily
living in the house, whether he is actually present there on a
given date or not.
(2) Generally speaking, the person to be entered as occupier
is the person who pays rent in respect of the premises or land,
(b) For this Rule, see p. 352, supra.
REGISTRATION FORMS.
557
where the premises or land are let, and where the premises
or land are not let, the owner if in occupation.
(3) A person who inhabits a dwelling house or rooms (with-
out payment of rent), by virtue of any office, service or employ-
ment, is to be treated as an occupier, so long as his employer
does not himself inhabit the house or rooms.
(4) Lodgers are only to be treated as occupiers where the
lodgings are let to them unfurnished.
(5) Where land .or premises are occupied by a partnership,
or otherwise by persons as joint tenants, all the members of
the partnership and all the joint tenants should be entered,
with a statement that they occupy as members of a partnership
or otherwise as joint tenants.
(6) A person qualified under more than one heading should
be entered under each of those headings.
To , Householder [Occupier] at
You are required to give information on the following points
for the purpose of assisting the Registration Officer in compiling
the Parliamentary and Local Government registers.
1. For the purpose of the PARLIAMENTARY FRANCHISE (MEN).
(a) Information as to men who are resident in the premises
(occupier to be included if resident; men under 21 not to be
entered).
Names.
Surname.
Other
names in
full.
State whether present residence commenced I
on or before, or after * 19 i Whether a
If after, give addresses (with dates) of
previous residences since that date, so far
as known.
British
Subject.
(b) Information as to men (if any) who are occupiers of the
premises or any part thereof for the purpose of a business,
profession, or trade (men under 21 not to be entered).
i
State whether present occupa-
Names.
Other
Surname. names in
tion of the premises com-
menced on or before, or
after * 19
If after, give addresses (with
dates) of previous occupa-
tion since that date so far
Description
of
Business,
Profession,
or Trade.
Whether a
British
Subject.
full.
as known.
First day of qualifying period.
558
APPENDIX I.
2. For the purpose of the PARLIAMENTARY FRANCHISE (WOMEN).
(a) Information as to women over thirty years of age who
are occupiers of the premises or any part thereof in their own
right.
Surname.
Names. ; State whether present occupation of the
premises commenced on before, or after *
19 .
Other ; If after, give addresses (with dates) of
names in ! previous occupation since that date so far
full. as known.
Whether a
British
Subject.
(b) Information as to married women over thirty years of
age whose husbands are occupiers of the premises or any part
thereof.
Names.
Surname.
Other
names in
full.
State whether the husband's occupation of
the premises commenced on or before, or
after* 19
If after, give addresses (with dates) of
previous occupation since that date so far
as known.
Whether a
British
Subject.
3, For the purpose of the LOCAL GOVERNMENT FRANCHISE
(MEN).
Information as to men who are occupiers of the premises or
any part thereof (men under 21 not to be entered).
Names.
Surname.
Other
names in
full.
State whether present occupation of the
premises commenced on or before, or i -.T^ ,..
after * 19 Whether a
If after, give addresses (with dates) of
previous occupation since that date so far
as knowa.
British
Subject.
* First day of qualifying period.
REGISTRATION FORMS.
559
4. For the purpose of the LOCAL GOVERNMENT FRANCHISE
(WOMEN).
(a) Information as to women who are occupiers of the pre-
mises or any part thereof in their own right (women under 21
not to be entered).
Names.
Surname.
Other
names in
full.
State whether present occupation of the
premises commenced on or before, or
after * 19
If after, give addresses (with dates) of
previous occupation since that date so far
as known.
Whether a
British
Subject.
(b) Information as to married women over thirty years of age
who are living with their husbands at the premises, and whose
husbands are occupiers of the premises or any part thereof.
Nan
Surname.
aes. State whether the husband's occupation of
the premises commenced on or before, or
after * 19
Other If after give addresses (with dates) of
names in previous occupation since that date so far
full. as known.
Whether a
British
Subject.
|
5. For the purpose of the registration of NAVAL OR MILITARY
VOTERS.
Information as to any person who is
(a} serving in His Majesty's Forces, or
(b) serving abroad or afloat in connection with the war
(i) as a merchant seaman, pilot or fisherman; or
(ii) in some other capacity,
and who would have been, in the case of a man residing on or
occupying, or, in the case of a woman occupying, the premises
but for his or her service.
NOTE. Only men over 19 and women over 30 to be entered.
Names .
Other-
Surname, names in
full.
Male
or
Female.
Description of service.
fa) If in the Forces, give so
far as known regiment, ship,
number, &c.
(b) If not in the Forces, state !
nature of service.
* First day of qualifying period.
560
APPENDIX I.
Other information required by the registration officer.
(To be filled in by registration officer) .
I declare that the particulars given in this return are true
and accurate to the best of my knowledge and belief.
Signature
Date
This form should be filled up without delay, and if not pre-
viously called for should be sent by post within days from
this date to the address given on the back.
Signed ,
Registration Officer.
Date
N.B. The Eepresentation of the People Act, 1918, imposes a
penalty in the case of failure to give the required information
and in the case of false information being given.
POEM B. (OWNER,, AGENT OR FACTOR.)
EEPRESENTATION OF THE PEOPLE ACT, 1918.
To (Owner, Agent or Factor.)
For the purpose of assisting the registration officer in com-
piling the parliamentary and local government registers you are
required to give the undermentioned information in respect of
each person who occupies separately any part of the land or
premises known as
Occupiers.
Address of
land or
premises
occupied.*
State whether
dwelling house, or
business premises or
other premises.
Date on which
occupation
commenced.
Surname.
Other
names in
full.
* In the case of numbered flats, offices, &c., insert the number of the
flat, office, &c. In the case of unnumbered flats, offices, &c., describe
premises occupied, e.ff., 2 rooms 1st floor ; 1 room 4th floor, &c.
I declare that the particulars given in this return are true and
accurate to the best of my knowledge and belief.
Signature
Date
REGISTRATION FORMS. 561
This form should be filled up without delay, and if not pre-
viously called for should be sent by post within days from
this date to the address given on the back.
Signed
Registration Officer.
Date
N.B. The Representation of the People Act, 1918, imposes
a penalty in the case of failure to give the required information
and in the case of false information being given.
FORM 0. (HOUSEHOLDER, OCCUPIER, OWNER, AGENT OR FACTOR.)
REPRESENTATION OF THE PEOPLE ACT, 1918.
To
For the purpose of assisting the registration officer in com-
piling the parliamentary and local government registers you are
required to give supplemental information on the following
particular points :
Information Required . Answer .
I declare that the information given in this return is true and
accurate to the best of my knowledge and belief.
Signature
Date
This form should be filled up without delay, and if not pre-
viously called for should be sent by post within days from
this date to the address given on the back.
Signed
Registration Officer.
Date
N.B. The Representation of the People Act, 1918, imposes
a penalty in the case of failure to give the required information
and in the case of false information being given.
F. 36
562 APPENDIX I.
II. POEMS OF CLAIM TO BE REGISTERED.
FIBST SCHEDULE, RULES 9 AND 10 (c).
(1)
MAN'S PARLIAMENTARY CLAIM (RESIDENCE QUALIFICATION) ((?).
To the registration officer for the constituency of
Address
Claim to be registered as a Parliamentary elector in respect of
a residence qualification.
I hereby declare
(1) that I claim to be registered as a Parliamentary elector
for the above constituency in respect of residence at*
(2) that I was residing at the qualifying premises on thef
day of last, and have resided at the qualifying pre-
mises during the whole of the six months ending on the said
day$;
(3) that I have attained the age of twenty-one;
(4) that I am a British subject.
Signed ,
Date
NOTE. Any false declaration made for the purpose of this
claim will render the claimant liable to a penalty.
* Here insert full postal address.
t Here insert last day of qualifying period.
1 See instruction at foot of Form.
INSTRUCTION AS TO SUCCESSIVE RESIDENCE (e).
If the claimant's residence commenced after the day
of ,19 , paragraph (2) must be struck out and the
following paragraph filled in and signed:
(2) I hereby declare that I Tvas residing at the qualifying
premises on thef day of last, and that during the
six months ending on the said day I resided as follows: from
to at , from to at ,
etc., etc.
Signed
Here insert first day of qualifying period.
t Here insert last day of qualifying period.
(c) For these rules, see pp. 342343, supra,
(t day of qualifying period.
t Here insert last day of qualifying period.
(o) See pp. 75, 76, supra.
(p) See p. 60, wpra.
668 APPENDIX I.
(7)
CLAIM MADE BY ONE PERSON ON BEHALF OF ANOTHER
(PARLIAMENTARY) (q).
To the registration officer for the constituency of
Address
I hereby claim on behalf of of that he [she]
should be registered as a Parliamentary elector for the above
constituency; in respect of*
Signed
Address
Date
NOTE. The Act provides that where a claim is made by one
person on behalf of another the name is not to be entered on the
register unless the matters required to be stated in the declara-
tion made by a person claiming on his own behalf are proved
to the satisfaction of the registration officer.
* Here insert qualification (e.g^ Evidence at , Occupation of
Business Premises at , &c,), and full postal address and descrip-
tion of qualifying premises.
(8)
CLAIM MADE BY ONE PERSON ON BEHALF OF ANOTHER*
(LOCAL GOVERNMENT) (q}.
To the registration officer for
Address
I hereby claim on behalf of of that he [she]
should be registered as a local government elector for all local
government elections in respect of*
[except local government elections for ].
Signed
Address .
Date
NOTE. The Act provides that where a claim is made by one
person on behalf of another the name is not to be entered on the
register unless the matters required to be stated in the declara-
tion made by a person claiming on his own behalf are proved
to the satisfaction of the registration officer.
* Here insert qualification (e.g. t Occupation of dwelling house at ,
or husband's occupation of shop at , &c.) and full postal address
and description of qualifying premises.
(q] See Rule 10, p. 343, supra.
REGISTRATION FORMS. 569
(9)
CLAIM FOE COREECTION OF ENTRY IN LISTS (r).
To the registration officer for
Address
I hereby claim that the following entry of my name in the
lists prepared by you*
should be altered as follows: f
Signed
Address
Date
NOTE. Where the correction claimed would give to the
claimant the right to vote at any election at which the claimant
could not vote but for the correction, there must be added to
this claim a declaration in the same form as that to be made by
a, person claiming to be registered as such a voter.
* Here insert extract from printed electors lists, stating registration
unit.
t e.g., by removing the name from one division to another, altering the
mark placed against the name, correcting the particulars entered, &c.
III. CLAIM AND DECLARATION TO BE MADE BY
NAVAL AND MIL1TAKY VOTERS BEEOEE BEING
REGISTERED IN EESPECT OE AN ACTUAL RESI-
DENCE QUALIFICATION.
SECT. 5 (1) (a).
In the case of a merchant seaman, pilot, or fisherman, who
is a naval or military voter the statement set out in the form
prescribed for such persons under heading V. (" Eorms of state-
ment to be made under s. 5 (2) of the Act ") shall (if it includes
a statement of actual residence) be sufficient form of claim and
declaration .
In other cases the same form must be used as in the case of a
Man's Parliamentary Claim (Residence Qualification) with the
substitution of " month " for " six months," and of " the age>
of nineteen " for " the age of twenty-one "; and must be accom-
panied by the following declaration:
I, being a naval [military] voter hereby declare that I have
taken steps to prevent my being registered in a constituency
for which I should have had the necessary qualification but for
my service, as follows: *
Signed
* Here insert steps taken.
(/) See Rule 9, pp. 342343, supra.
(*) See pp. 76, 77, 9193, *upra.
570 APPENDIX I.
IV. POEMS OE NOTICE OP OBJECTION.
EIEST SCHEDULE, EULE 12 ($).
(1)
OBJECTION TO LISTS OP PARLIAMENTARY OBJECTORS.
To the registration officer for the constituency of
Address
I hereby give you notice that I object to the entry of*
as a Parliamentary elector.
The grounds of my objection are:
I am entered in the electors lists as a Parliamentary elector
for the above constituency as follows: *
Signed
Address
Date
* Here insert extract from printed electors lists, stating registration
unit.
(2)
OBJECTION TO LISTS OF LOCAL GOVERNMENT ELECTORS.
To the registration officer for
Address
I hereby give you notice that I object to the entry of*
as a local government elector for the local government
area.
The grounds of my objection are:
I am entered in the lists of local government electors for the
above local government area as follows: *
'Signed
Address
Date
* Here insert extract from printed electors lists, stating- registration
unit.
\
(3)
OBJECTION TO CLAIMS (PARLIAMENTARY).
To the registration officer for the constituency of
Address
I hereby give you notice that I object to the name of
being placed in accordance with the claim made in that behalf
in the lists of Parliamentary electors for the above constituency.
The grounds for my objections are as follows:
I am entered in the electors lists as a Parliamentary elector
for the above constituency as follows: *
Signed
Address
Date
* Here insert extract from printed electors lists, stating registration
unit.
(t) For this Rule, see p. 344, supra.
REGISTRATION FORMS. 571
OBJECTION TO CLAIMS (LOCAL GOVERNMENT).
To the registration officer for
Address
I hereby give you notice that I object to the name of
being placed in accordance with the claim made in that behalf
in the lists of local government electors for the following local
government electoral areas:
The grounds of my objection are as follows:
I am entered in the lists of local government electors for the
above areas as follows: *
Signed
Address
Date
* Here insert extract from printed electors lists, stating registration
unit.
V. POEMS OF STATEMENT TO BE MADE UNDER
S. 5 (2) () OP THE AOT.
A. BY MEN.
Navy.
REPRESENTATION or THE PEOPLE ACT, 1918.
Parent Ship (or Establishment)
Surname
Christian Names (in full)
Rank or Rating . Official No.
Age (on 15th April, 1918) . State whether R.N., R.M.,
R.N.R., R.N.V.R., or R.N.D.
Qualifying Address, that is, full postal address (including
the County, or in London the Metropolitan Borough) where
officer or man would have been residing but for his service in
the Forces
The foregoing particulars are true and accurate to the best of
my knowledge and belief.
Signature of the above named officer or man
Counter-signature of officer
(M) See pp. 77, 8890, supra.
672 APPENDIX I.
(2)
Army Form
REPRESENTATION OP THE PEOPLE ACT, 1918.
Unit and Arm of the Service
Regimental Number* . Bank
Surname
Christian Names (in full)
Age (on 15th April, 1918)
Qualifying Address, that is, full postal address (including
the County, or in London the Metropolitan Borough) where
officer or soldier would have been residing but for his service?
in the Forces . i
The foregoing particulars are true and accurate to the best of
my knowledge and belief.
Signature of above-named officer or soldier . \
Counter-signature of officer
* To be struck out in the case of an officer.
(3)
Air Force .Form
REPRESENTATION OF THE PEOPLE ACT, 1918.
Unit
Official number . Rank
Surname
Christian Names (in full)
Age (on 15th April, 1918)
Qualifying Address, that is, full postal address (including 1
the County, or in London the Metropolitan Borough) where
officer or airman would have been residing but for his service
in the Forces
The foregoing particulars are true and accurate to the best of
my knowledge and belief.
"Signature of above-named officer or airman
Counter-signature of officer
(4)
MEN (not in H.M. Forces) serving abroad or afloat in connection
with the War.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Department, Body or Association under which serving
Class of work on which engaged
Surname
Christian Names (in full)
Age (on 15th April, 1918)
Qualifying Address, that is, full postal address (including 1
the County, or in London the Metropolitan Borough) where!
man would have been residing if not serving abroad or afloat
in connection with the War
Address for postal communications
REGISTRATION FORMS. 573
The foregoing particulars are true and accurate to the best of
my knowledge and belief.
Signature of above-named man
Counter-signature of representative of Department, Body or
Association under which the above-named is serving
(5)
Merchant Seamen, Pilots or Fishermen serving abroad or afloat
in connection with the War.
REPBESENTATION OF THE PEOPLE ACT, 1918.
Nature of Service (i.e., whether Merchant Seaman, Pilot, or
Fisherman, &c.)
Name of Vessel
Surname
Christian Names (in full)
Age (on 15th April, 1918) . Description and number
of certificate (if any)
Qualifying Address, that is, full postal address (including"
the County, or in London the Metropolitan Borough) where
man would have been residing if not serving abroad or afloat
in connection with the War
Where a man has not given up his residence owing to his
service, he should write below the qualifying address the words
" actual residence."
Address for postal communications
The foregoing particulars are true and accurate to the best of
my knowledge and belief.
Signature of above-named man
Counter-signature of representative of Board of Trade, Pilotage
Authority, or Board of Agriculture and Fisheries, as case may
be, and name of place
B. BY WOMEN.
(6)
Army Form
WOMEN serving with the Military Forces.
REPKESENTATION OF THE PEOPLE ACT, 1918.
Unit
Service description and regimental number if any
Surname
Christian Names (in full)
State if over 30 years of age (on 15th April, 1918)
Description of qualifying property (dwelling-house, shop,
land, &c.)
Rental value (if not a dwelling-house)
Full postal address of qualifying property (including the
County, or, in London, the Metropolitan Borough)
The foregoing particulars are true and accurate to the best of
my knowledge and belief.
Signature of above-named woman
Counter-signature of Officer or Administrator
574 APPENDIX I.
(7)
Air Force Form
WOMEN Serving with the Air Force.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Unit
Service description and number if any
Surname
Christian Names (in full)
State if over 30 years of age (on 15th April, 1918)
Description of qualifying property (dwelling-house, shop,
land, &c.)
Rental value (if not a dwelling-house)
Full postal address of qualifying property (including the
County, or, in London, the Metropolitan Borough)
The foregoing particulars are true and accurate to the best of
my knowledge and belief.
Signature of above-named woman
Counter-signature of Officer or Administrator
WOMEN serving abroad or afloat in connection with the War.
REPRESENTATION OF THE PEOPLE ACT, 1918.
Body or Association under which serving
Class of work on which engaged
Surname
'Christian Names (in full)
State if over 30 years of age (on 15th April, 1918)
Description of qualifying property (dwelling-house, shop,
land, &c.)
Rental value (if not a dwelling-house)
Full postal address of qualifying property (including the
County, or, in London, the Metropolitan Borough)
Address for postal communications
The foregoing particulars are true and accurate to the best of
my knowledge and belief.
Signature of above-named woman
Counter- signature of representative of Body or Association
under which the above-named is serving
REGISTRATION FORMS. 575
VI. FORM OP CLAIM TO BE PLACED ON ABSENT
VOTERS' LIST.
FIRST SCHEDULE, RULE 16 (a?).
REPRESENTATION OF THE PEOPLE ACT, 1918.
To the registration officer for the constituency of
Address
I, being a person entitled to be registered as a parliamentary
elector for the above constituency in respect of qualifying pre-
mises at* , hereby claim to be placed upon the absent
voters' list on the ground that there is a probability that owing
to my occupation [service] [employment] as I shall be
debarred from voting at a poll at parliamentary elections held
whilst the register now being prepared is in force.
Signed
Address
Date
* Here give postal address, stating registration unit where possible.
VII. FORMS OF NOTICE OF APPEAL.
FIRST SCHEDULE, RULE 29 (y).
(1)
NOTICE TO REGISTRATION OFFICER OF APPEAL AGAINST HIS
DECISION.
REPRESENTATION OF THE PEOPLE ACT, 1918.
To the registration officer for
Address
I hereby give notice of appeal against your decision*
on the following grounds: f
Signed
Address
Date
* Give particulars of decision, f.y., ' refusing to enter my name on the
Register of Parliamentary Electors," &c.
t Here insert grounds of appeal.
(x) For this Rule, see p. 345, supra.
(y} For this Rule, see p. 350, supra.
576 APPENDIX I.
(2)
NOTICE OF APPEAL TO THE OPPOSITE PARTY.
REPBESENTATION OF THE PEOPLE ACT, 1918.
To
Address
I hereby give you no'tice of appeal against the decision of the
[Registration Officer for*
on the following grounds: f
Signed
Address
Date
* Give particulars of decision, .., " allowing your claim to be entered
on the register as a Parliamentary elector," &c.
t Here insert grounds of appeal.
VIII. FOBM OF REQUISITION FOE A CERTIFIED COPY
OF ENTRY OF BIRTH.
FIRST SCHEDULE, RULE 38 (z).
REPEESENTATION OF THE PEOPLE ACT, 1918.
Requisition for a certified copy of entry of Birth under Rule 38
of the First Schedule.
To the Superintendent Registrar or other person having the
custody of the Register Book in which the Birth of the under-
mentioned person is recorded.
I, the undersigned, hereby demand for the purpose of the
Representation of the People Act, 1918, a certified copy of the
entry of the Birth of the person in relation to whom particulars
are given below.
Name of person in full
Date of Birth. The day of one thousand
hundred and . (The year to be written in words, not
figures.)
Place of Birth
Father's Name (in full)
Father Occupation
Mother's Name (in full)
Mother's Maiden Surname
Signature of Applicant
Address
Dated this day of ,19
(z) For this Rule, see p. 353, supra.
REGISTRATION FORMS.
577
IX. POEM OP REGISTER (a).
Division I. contains the names of those persons who are
entitled to vote both as parliamentary electors and as local
government electors.
Division II. contains the names of those persons who are
entitled to vote as parliamentary electors but not as local govern-
ment electors.
Division III. contains the names of those persons who are
entitled to vote as local government electors but not as parlia-
mentary electors.
NOTE. f Persons against whose names the mark f is placed
are not entitled to vote in respect of that entry at elections of
County Councillors.
^Persons against whose names the mark $ is placed are not
entitled to vote in respect of that entry at elections of Rural
District Councillors or Guardians.
Persons against whose names the mark is placed are not
entitled to vote in respect of that entry in the case of a Borough,
Metropolitan Borough or Urban District at elections for Borough
or District Councillors as the case may be, and in the case of a
Parish at elections for Parish Councillors or at Parish Meetings.
*Persons against whose names the mark * is placed will vote
at another polling place at Parliamentary Elections. '.
oPersons against whose name the letter a is placed are absent
voters.
In the fourth column the following abbreviations are used:
B. = Residence qualification.
B.P. = Business premises qualification.
0. = Occupation qualification.
H.O. = Qualification through husband's occupation.
N.M. = Naval or military voter.
DIVISION I. PERSONS ENTITLED TO VOTE AS PARLIAMENTARY
ELECTORS AND AS LOCAL GOVERNMENT ELECTORS.
Constituency
Registration Unit
Polling District
t)
(2) (8)
(4)
Nature of
Number.
Names in full.
Surname first.
Residence or Property
Occupied and Abode
of Non-resident
Qualification.
Occupier.
Parlia-
Local
mentary.
Govt.
(a) See Rule 2, pp. 339340, supra.
F.
87
678
APPENDIX I.
DIVISION II. PERSONS ENTITLED TO VOTE AS PARLIAMENTARY
ELECTORS ONLY.
(i)
Number.
(2)
Names in full.
Surname first.
(3)
Residence or Property
Occupied and Abode
of Non-resident
Occupier.
(4)
Nature of
Qualification.
DIVISION III. PERSONS ENTITLED TO VOTE AS LOCAL
GOVERNMENT ELECTORS ONLY.
(1) (2) (3) (4)
Number.
Names in full.
Surname first.
Residence or Property
Occupied and Abode Nature of
of Non-resident Qualification.
Occupier.
DIRECTION'S TO REGISTRATION OFFICERS. 579
No. ;>.
DIRECTIONS GIVEN BY THE LOCAL GOVERN-
MENT BOARD TO REGISTRATION OFFI-
CERS PURSUANT TO SECTION 13(1) (cV
K. P. 2.
LOCAL GOVERNMENT BOARD,
Whitehall, S.W.I.
20th March, 1918.
SIR,
I am directed by the President of the Looal Government
Board to enclose copies of an Order in Council (a) which has
been mado under section 46 (2) of the Representation of the 1
People Act, 1918, altering, in connection with the first register,
the registration dates fixed in the First Schedule of the Act
and the dates governing the qualifying period fixed by Sections 6
and 11 of the Act, and of an Order in Council (6) made under 1
Section 13 (2) of the Act prescribing certain Forms to be used
for registration purposes.
It will be seen that the qualifying period for the first
register will be the six months ending on the 15th April next
and that the register will come into force on the 1st October
next. The effect is to extend considerably the period for the
preparation of that register beyond the time allowed by the
Eules in the First Schedule for the preparation of a normal
register. The periods fixed by the Eules for various stages in
the preparation of the electors lists and registers are corre-
spondingly extended.
DUTIES OF EEGISTRATION OFFICERS.
The duty of compiling the registers for a parliamentary
county or borough and of placing or causing to be placed therein
the names of persons entitled to be registered as parliamentary
electors and as local government electors is imposed on the
Registration Officer, and it will be the duty of the Registration
Officer to comply with any general or special directions given
by the Local Government Board with respect to the arrange-
ments to be made by him for carrying out his duties (S. 13) (c).
The Board propose to deal in this Circular with matters
immediately concerned with the preparation of the electors
lists. They feel that the procedure to be adopted in each regis-
tration area must to some extent depend on local circumstances,
and they do not at the present time regard any specific instruc-
tions to the Registration Officers as necessary. Mr. Hayes Fisher
(z) See p. 133, supra.
(a) For this Order in Council, see pp. 613 614, infra.
(b) For this Order in Council, see pp. 555 578, supra.
(e) Seep. 133, supra.
37(2)
580 APPENDIX I.
desires, however, to refer to Rule 6 (d) in the First Schedule,
which requires the Registration Officer to cause a house to house,
or other sufficient inquiry, to be made for the purpose of ascer-
taining the names of persons entitled to be registered. In con-
nection with this subject attention is called to the observations
in the memorandum of instructions to overseers (e), as to the
utilisation of Form A. prescribed by the Order in Council.
It will be observed that by Rule 36 (/) the Registration Officer 1 ,
subject to any directions given by the Board, has access to the
national register compiled under the National Registration Act,
1915. The Board have no doubt that the Clerk to the Local
Registration Authority will give any necessary assistance for
the purpose of supplementing the information obtained by the
persons making the above-mentioned inquiry, or otherwise for
facilitating the preparation of the electors lists and register,
and the Board do not at present think it necessary to give any
specific directions in the matter. It is, however, desirable that
where the register is not in the charge of the Registration Officer,
and access to it is desired for the overseers or other persons
engaged in preparing the lists, he should himself arrange with
the Clerk to the Local Registration Authority as to the times
when and manner in which reference may be made to the register.
CERTIFICATES OF BIRTH AND STATUTORY DECLARATIONS.
Under Rule 37 (#) in Schedule 1, a person before being regis-
tered may be required by the Registration Officer to produce
a certificate of birth or of naturalisation or to make a statutory
declaration that he or she is of the requisite age or is a British
subject, as the case may be. The form of requisition (h} for a
certificate of birth, it will be seen, is prescribed by the Order in
Council. Any fee payable in connection with a declaration
will be paid by the Registration Officer. Ordinarily, the Board
do not think that for the purposes of preparing the electors;
lists any such requirement should be necessary. If in any special
case a certificate of birth or declaration is found necessary,
it ishould only be required under the express direction of the
Registration Officer.
FRANCHISES.
Copies of a memorandum (&) as to the franchises created by
the new Act are enclosed. The new parliamentary franchises
take the place of all parliamentary franchises existing at the
time of the passing of the Act, and the new local government
franchises take the place of all local government franchises exist-
ing at the time of the passing of the Act so far as respects.
(d) For this Rule, see p. 341, supra.
(e) For this memorandum, see pp. 597 609, infra.
(/) For this Rule, see p. 352, tupra.
(g) For this Rule, see pp. 352 353, supra.
(A) For this Form, see p. 576, supra.
() See pp. 589596, infra.
DIRECTIONS TO REGISTRATION OFFICERS. 581
elections for county councils, municipal borough councils, metro-
politan borough councils, district councils, boards of guardians,
parish councils, and any other bodies elected at the time of the
passing of the Act by persons on the local government register
of electors or on the register of parochial electors.
Some points in which the new franchises differ from those
hitherto in force may be mentioned:
Woman suffrage. Women are for the first time admitted to
the parliamentary franchise, and their rights to the local govern-
ment franchise are considerably enlarged.
Naval or military^ voters. A new class of electors is created,
termed naval or military voters, whose qualifications, etc., are
explained in the memorandum (Z).
Period of qualification. The period of qualification for both
the parliamentary franchise and the local government franchise
is ishortened from twelve months to six months, and there will
be normally two periods of qualification in each year, namely,
the period of six months ending on the 15th of January and the
period of six months ending on the 15th of July, including in
each case the fifteenth day. In the case of naval or military
voters and persons who have served as members of the naval
or ^military or air forces of the Crown at any time during the,.
six months of the qualifying period and have ceased to serve,
the period of qualification is further shortened to one month.
For the purposes of the preparation of the first register
under the Act, the qualifying period will be the six
months ending on the 15th April, 1918.
Eating and payment of rates, etc. No condition as to the
rating of qualifying premises or the payment of rates or assessed
taxes is any longer imposed.
Lodgers. The lodger franchise as such disappears for par-
liamentary purposes, being superseded by the residence qualifica-
tion. For the local government franchise, however, lodgers are
recognised as tenants where they occupy rooms let to them in
an unfurnished state.
Receipt of poor relief, etc. -The disqualification for the par-
liamentary and the local government franchise arising from the
receipt of poor relief or other alms is removed.
ORDER OF NAMES IN EEGISTER.
The names in the register of a registration unit (m) in a
parliamentary borough will be arranged in street order unless
the Council whose Clerk is the Eegistration Officer considers,
having regard to the general character of the area forming
the unit that arrangement to be inapplicable (n). If the unit
is in a parliamentary county the names will be arranged in
alphabetical order unless the Council whose Clerk is the Eegistra-
(?) See pp. 589596, infra,
(m) See Rule 1, p. 339, suprc.
() See Rule 4, p. 340, supra.
582 APPENDIX 1.
tion Officer considers that arrangement in street order is possible
and convenient ( w) .
In many municipal boroughs and urban districts in a county,
arrangement of the names in street order will no doubt be the
most convenient method, and in some parliamentary boroughs
there may be registration units where the names can only be
arranged in alphabetical order. You should at once bring such
cases to the notice of your Council, so that the necessary direc-
tion may be given as early as practicable with a view to the
electors lists being prepared with the names in the order con-
sidered to be appropriate.
EMPLOYMENT OF OVERSEERS.
The Eegistration Officer may require the overseers of a parish
to prepare on his behalf the electors lists for the parish or for
any .registration unit forming part of the parish, and to make
the necessary inquiries for the purpose and to publish the lists,
(Schedule \, Rule 7) (o). In the case of many parishes, espe-
cially those in parliamentary counties, the Registration Officer
will probably find it convenient to require the overseers to make
out the lists. Copies of a memorandum of instructions (p] are,
enclosed which will be available for supply to the overseers,
assistant overseers, and other persons employed in making out
the electors lists, and can also be supplied to persons employed
by the Registration Officer where he himself prepares the electors!
lists.
The instructions are intended as a general guide, and the
Registration Officer will supplement them in such particulars
as he may think desirable.
He should particularly inform the persons preparing the lists
of any case in which there is a departure from the general rule
that the lists of a registration unit in a parliamentary borough
are to be made out in street order and in a parliamentary county
in alphabetical order (g).
Any direction given to the overseers to prepare the lists should
indicate that the .assistant overseer or rate collector or vestry
clerk should be empk^ed. In this connection it will be borne
in mind that an assistant overseer or other officer who, being
in office at the time of the passing of the Act, suffers any direct
pecuniary loss in consequence of the Act is entitled to claim
compensation under Section 18 (/), in accordance with the
applied provisions of Section 120 of the Local Government Act,
1888. The compensation will be payable as registration expenses
undpr the Act. Whore the Registration Officer docs not call
upon the overseers to prepare the lists, and the assistant over-
seer or other officer who previously received remuneration for
registration work is prepared to do the work, Mr. Hayes Fisher
() See Rule 4, p. 340, supra.
(<>} For Rule 7, see pp. 341342, *upr) are
enclosed, and it will be observed that it is to apply only to the
first two registers.
The Council, if they think fit, may make to the Registration
Officer an advance of such amount and on such conditions as
(*) See Rule 7, pp. 341 342, supra.
(t) See pp. 139, 140, supra.
(t>) See pp. 140, 141, supra.
(x) For this Scale, see pp. 610612, infra.
APPENDIX I.
they may approve (y} . Such an advance will generally be re-
quired in order to meet current expenses such as remuneration
of temporary clerks and canvassers, cost of stationery, postage,
travelling expenses, etc. The Board cannot express any opinion
as to the amount of the advance which will be needed, as this
will depend on the circumstances of each case, but no advance
will be necessary to cover the cost of printing the lists and
registers under the contracts made by the Stationery Office or
of the forms or other matter supplied by that Department under
the arrangements subsequently described.
In view of the great need for economy at the present time it
is hoped that Eegistration Officers will endeavour to avoid any
expenditure that is not strictly necessary, and in particular that
they will as far as possible be able to arrange with the consent
of their Council for the free use of their existing office accom-
modation. Where, however, the hiring of additional offices is
unavoidable the cost of these may be defrayed as part of .tho
Registration Officer's out-of-pocket expenditure.
As regards the accounts which should be kept of the regis-
tration expenses, instructions (2) will be issued to Eegistration
Officers by the Treasury. In the meantime each Eegistration
Officer should keep complete and accurate records of the various
items of expenditure with vouchers, and he should instruct the
overseers to do so likewise if the electors lists are prepared
by them.
PRINTING ARRANGEMENTS.
A most important item of expenditure in connection with the
registration of the electors, half of which will be borne by the
State, is the cost of printing the electors lists and registers,
and the supply of various forms which will be provided by the
Stationery Office, and the following arrangements have been
made by the Stationery Office with the consent of the Treasury:
The Stationery Office will supply direct to the Eegistration
Officer such copies of prescribed forms as they require. Imme-
diately Form A. () has been printed off, a supply, based on the
approximate number of electors in each registration area, will
be sent to the Eegistration Officer for distribution to the over-
seers or other officers engaged in the work of preparing the
lists. Copies of Form B. (6) and Form C. (c) prescribed by the
Order in Council will be sent on demand, together with sheets
for the purpose of entering therein the requisite particulars of
persons entitled to be registered.
It is essential that the greatest economy should be exercised
in regard to use of paper, and the Board do not think that it
should be necessary to furnish special books for the purpose of
inquiries, especially if Forms A. are personally left and called
(y) See sect. 15 (5), p. 141, supra.
(z) These Instructions have not, up to the time of going to press been
issued.
(a) For this Form, see_pp. 556 560, supra.
(*) For this Form, see pp. 560561, supra,
(c} For this Form, see p. 561, supra.
DIRECTIONS TO REGISTRATION OFFICERS. 585
for, when any necessary explanations can be given to assist
persons in completing them. These forms filled up by house-
holders, occupiers, etc., together with any particulars obtain-
able from the rate books, will be the main source of information
required in preparing the lists, and if a house to house service
and collection of the returns is systematically made to ensure
that all occupiers receive and fill up Form A. the Board would
not anticipate any need for supplying books or stationery beyond
what each officer should himself have available for the purpose.
Small memorandum books or sheets in block form can, however,
be supplied by the Stationery Office if desired.
Copies of the memorandum of instructions to overseers (d), and
of the memorandum as to franchises (e) will be obtainable from
the Stationery Office 011 demand indicating the quantities re-
quired. In addition to prescribed forms, it is contemplated that
the .Stationery Office will supply forms for various purposes
required by Registration Officers. A list of the forms to
be supplied will be sent to each Registration Officer in due course.
As regards the printing of the electors lists and register, it
is the intention that these will not be printed independently,
but that in every case the type used for printing the lists should
stand, and at a later stage be used for printing the register.
The Stationery Office will enter into the contracts with the
local printers on behalf of the Registration Officer, who will in
this respect be in the same position as a Government Depart-
ment whose printing is done through the Stationery Office. The
period of the contract is proposed to be from the date of accep-
tance until the completion of the first of the half-yearly registers
made in the year 1920, and in the discretion of the Controller
of the Stationery Office the period may be extended up to the
completion of the first register of 1922.
Forms of contract will be prepared by the Stationery Office
and supplied to the Registration Officer, and on receipt of these
the Registration Officer should at once take steps to publish
as widely as possible, by advertisement or otherwise, that tenders
may be made to him for the printing of the lists and registers.
When the tenders are received they should be forwarded to the
Stationery Office by the Registration Officer with any observa-
tions he wishes to make as to the merits of the tenders. In
forwarding the tenders the Registration Officer should inform
the Stationery Office of the number of copies estimated to be
required of the lists and register respectively, the number being
kept as low as practicable. In fixing the number of copies of
the register it would, of course, be considered whether, in view
of the use of the several divisions for parliamentary and local
government elections, as the case may be, a greater number of
copies will be required by Division I. (). Looking to the large
amount of work which the printing will involve and the limited
(d) For this memorandum, see pp. 597 609, infra.
(e) For this memorandum, see pp. 589 596, infra,
(g] For form of register, see pp. 577578, stiprc.
586 APPENDIX I.
time for its execution, it will probably be necessary in most
constituencies that the printing should be divided amongst several
printers, so as to secure the expeditious printing of the lists
and registers. The tender form will therefore be so drawn that
a printer may tender for part of the lists and register for a con-
stituency, but each part tendered for should comprise a sub-
stantial section of the register. It will, of course, be open to
any printer to tender for as many complete sections as he will
be in a position to undertake.
The contract will cover the printing of the lists of absent
voters, as well as the electors lists and register. The printer
will not bind any portion of the matter printed by him, but he
will stitch or wire together the sheets belonging to each registra-
tion unit, or the sheets belonging to each division of the regis-
tration unit, as the Registration Officer may think most
convenient. The Registration Officer may, however, arrange for
two copies of the complete register of each constituency to be
bound, one bound copy being for his own use and the other for
transmission to this Department.
The contract will also provide for printing the lists of
claims (h) and objections (i) if the Registration Officer requires
this. It will be in the discretion of the Registration Officer to
arrange for these lists being printed elsewhere if convenient*,
but in cases where the lists are very short, typed copies would
suffice.
The Registration Officer will himself arrange for any print-
ing work considered to be necessary and not done or supplied
by the Stationery Office, and he will also procure stationery,
etc., required for carrying ovit his duties.
The Stationery Office will supply all paper for the lists and
registers printed under contract with them, and the printers,
will account to the Station &ry Office for its use. The Stationery
Office will not supply paper for printing not done under the,
contract.
The Registration Officer will realize that the arrangements,
undertaken by the Stationery Office are to facilitate the print-
ing under the exceptional conditions prevailing, and that he
will not be relieved of his responsibility for the proper prepara-
tion of the lists and registers. It will be provided for in the
contract that the printer must comply with tho directions of
the Registration Officer as to time for receiving proofs, correc-
tions, etc., and he will be required to deliver to the Registration
Officer prints in the various stages as may be needed.
The Registration Officer will make his own arrangements as
to the manuscript lists being sent on direct from the overseers
to the printer or through him, but the Board would suggest
that he should in every case inspect such lists before they are
forwarded to the printer. In any case the overseers should
retain the draft or a copy of the lists so as to avoid dolay
(A) See Rule 11, p. 343, .supra.
(i) See Rule 15, p. 344345, supra.
DIRECTIONS TO REGISTRATION OFFICERS. 587
which might occur through loss or miscarriage. It will probably
be found convenient to provide for parts of the lists as soon,
as prepared to be sent at once to the printer, so that the printer
may be able to proceed with the work and not wait for the whole,
of the draft lists he has undertaken to print. In connection
with this, see paragraph 6 (k) in the instructions to overseers.
APPOINTMENT OF DEPUTY REGISTRATION OFFICERS.
Section 12 (3) (I) of the Act provides that any of the duties
&nd powers of the Registration Officer may be performed and
3xeicised by any Deputy for the time being approved by the
Board. It is desirable that the Registration Officers should as
early as practicable consider to what extent they will require
io employ deputies, and inform the Board of their proposals.
In many registration areas there will be no necessity to appoint
deputies, but in the case of registration areas comprising a
number of constituencies the employment of some deputies may
be needed. In connection with the number of deputies to be
appointed, it will be seen from the scale of registration
expenses (m) fixed by the Treasury that the fee provided for
the remuneration of the Registration Officer includes the re-
muneration of any deputy appointed by him. The actual fee
payable to any deputy will be a matter for arrangement between
the Registration Officer and the deputy. Subject to any par-
ticular duties which the Registration Officer may prefer to retain
under his own control, it would seem a convenient arrangement
that the deputy should be appointed for a constituency or con-
stituencies, and Mr. Fisher would not, as a general rule, be
willing to approve of the appointment of a deputy for an area
less than an entire constituency.
Mr. Fisher thinks it desirable that, where it is proposed to
employ a deputy, the clerk to some one of the larger authorities
of the local government areas situate in the constituency or
constituencies should be the deputy for the whole of the con-
stituency or constituencies, but where a clerk proposed to be
appointed is a whole time officer of a local authority, the consent
of the authority to his acting as a deputy must be obtained.
Any application to the Board for the approval of a deputy
should specify the area for which he is to act, and the precise
duties to be delegated to him, and, where the deputy is a whole
time officer of an authority, should indicate that the consent of
the authority has been obtained.
In a further circular which will be sent as soon as possible,
the Board propose to refer to the procedure to be adopted by
Registration Officers in dealing with claims and objections and
-otherwise in making up the register, and to various other matters
such as the period for keeping documents published and fees
chargeable for supply of copies of lists, etc.
(k] P. 601, infra.
(I) See pp. 130131, supra.
(m) See pp. 610612, infra.
588 APPENDIX I.
Mr. Fisher realises that the new Act imposes upon Eegistration
Officers much responsibility and a considerable amount of work
which in present conditions can only be carried out under diffi-
culties, but he feels confident that, in view of the importance
of securing that the new Eegister shall be as complete and
accurate as possible, the Eegistration Officer will use every effort
to promote the smooth and efficient working of the machinery
provided by the Act.
I am, Sir,
Your obedient servant,
(Signed) H. C. MONRO,
Secretary.
To
The Eegistration Officer.
MEMORANDUM AS TO FRANCHISES. 589
No. 3.
MEMORANDUM (a) AS TO THE FEANCHISES
CREATED BY THE PRESENT ACT.
R. P. 6.
PARLIAMENTARY AND LOCAL GOVERNMENT FRANCHISES.
Definitions.
A person's age is that person's age on the last day of tho
qualifying period (&).
The expression " qualifying period " means the period of
six months ending in the case of the first register on
the 15th April, 1918 (c) 3 and in the case of registers
in subsequent years on the 15th day of January (d)
or the 15th day of July (d), including in each "case
the fifteenth day, but in the application of this ex-
pression to a person who is a naval or military voter,
or who has been serving as a member of the naval,
military or air forces of the Crown at any time during
the period of such six months, and has ceased so to serve,
one month is to be substituted for six months (e).
The expression " constituency " means any county, borough,
or combination of places, or university* or combination
of universities, returning a member to serve in Parlia-
ment; and where a county or borough is divided for
the purpose of parliamentary elections means a division
of the county or borough so divided (/) .
The expression " local government electoral area " means
the area for which any county council, municipal
borough council, metropolitan borough council, district
council, board of guardians, parish council, or any other
body elected at the time of the passing of the Act by
persons on the local government register or on the
register of parochial electors is elected (gr).
The " yearly value " of land or premises is to be taken to
be the gross estimated rental, or in the metropolis the
gross value, where those premises are separately assessed
to rates and in any other case is to be deemed to be tlie
amount which would in the opinion of the registration
officer be the gross estimated rental or gross value, as
the case requires, if they were separately assessed (h).
(a) This memorandum was sent by the Local Government Board to
Registration Officers together with the Directions set out on pp. 579
588, supra, and is referred to in such Directions at pp. 580 and 585, supra.
(b) See p. 4, supra.
(c) See pp. 128129, supra.
(d) See sect. 6, p. 94, supra,
(c) See sect. 6, p. 94, supra.
(/) See sect. 41 (1), p. 305, supra.
Iff) See sect. 41 (2), pp. 305306, supra.
(h) See sect. 41 (9), pp. 307308, supra, and pp. 2833, 6870, supra.
590 APPENDIX I.
The expression " dwelling house " includes any part of a
house where that part is occupied separately a? a
dwelling house (i).
PARLIAMENTARY FRANCHISE (MEN).
1 . A man is entitled to be registered as a parliamentary elector
for a constituency if he is a British subject of full age and not
subject to any legal incapacity and has either
(i) The requisite residence qualification, or
(ii) The requisite business premises qualification (&)-.
2. Residence Qualification. In order to have this qualifica-
tion a man
(a) Must, on the last day of the qualifying period,* be resid-
ing in premises in the constituency, and
(b) Must, during the whole of the qualifying period,* have
resided in premises in the constituency (I), subject, how-
ever, to the provisions in regard to successive residence
hereinafter mentioned. (See paras. 17 and 19,)
3. A man, who is an inmate or patient in any prison, lunatic
asylum, workhouse, poorhouse, or any other similar institution,
is not to be treated as resident therein for the purposes of this
qualification (m).
4. Business Premises Qualification. In order to have thi->
qualification a man
(a) Must, on the last day of the qualifying period,* be occupy-
ing business premises in the constituency, and
(b) Must, during the whole of the qualifying period,* have
occupied business premises in the constituency {n}, sub-
ject, however, to the provisions in regard to the suc-
cessive occupation of premises hereinafter mentioned,
(See para. 17.)
5. The expression business premises means land or other pre-
mises of the yearly value of not less than 10, occupied for the
purpose of the business, profession, or trade of the person to be
registered (o).
PARLIAMENTARY FRANCHISE (WOMEN).
6. A woman is entitled to be registered as a parliaments^-
elector if she is a British subject, and has attained the age of
30 years and is not subject to any legal incapacity and has the.
requisite qualification (p}.
7. In order to have the requisite qualification, which is based
* N.B. In the case of the first register the qualifying period is the
six months ending on the 15th April, 1918.
(i) See sect. 41 (8), p. 307, supra^ and pp. 49 54, 70, supra.
(Jc) See sect. 1, pp. 1 3, supra.
(T) See pp. 924, supra.
(m) See sect. 41 (5), p. 306, supra.
(n) See pp. 2437, supra.
(o) See pp. 2836, supra.
(p) See sect. 4 (1), p. 63, supra.
MEMORANDUM AS TO FRANCHISES. 591
on such occupation in a constituency of land or premises aa
confers the local government franchise, the woman or (if she
is married and is not herself the occupying owner or tenant) her
husband :
(a) Must on the last day of the qualifying period* be occupy-
ing as owner or tenant land or premises (other than a
dwelling house) of a yearly value of not less than 5,
or a dwelling house, and
(b) Must during the whole of the qualifying period* have-
so occupied land or premises (other than a dwelling
house) of the yearly value of not less than 5, or a
dwelling house (g).
8. For the purposes of this franchise the following points
should be noted:
(i) A dwelling house may be part of a house if such part is
occupied .separately as a dwelling house (r).
(ii) A lodger is not to be considered as a tenant unless the
lodging is let to her or him in an unfurnished state (s).
(iii) A person who inhabits a dwelling house, as above defined,
by virtue of any office, service, or employment is, if the
dwelling house is not inhabited by the person in whose
service she or he is in such office, service or employ-
ment, deemed to occupy the dwelling house as a
tenant .
SPECIAL PARLIAMENTARY FRANCHISE FOR NAVAL OR MILITARY
VOTERS.
9. A naval or military voter may be a man or a woman who is
engaged in such service as hereinafter mentioned, and will be
entitled to be registered as a parliamentary elector for any
constituency for which he or she would have had the necessary
qualification but for his or her service. A naval or military
voter must be a British subject and must, if a man, at the com-
mencement of his service have attained, or during his service-
attain, the age of 19 years, and, if a woman, must have attained
the age of 30 years, and in either case must not be subject to
any legal incapacity (u),
10. In order to rank as a naval or military voter a person
must
(i) be serving on full pay as a member of any of the naval,
military, or air forces of the Crown, or
(ii) be abroad or afloat in connection with any war in which
His Majesty is engaged, and be:
(a) in service of a naval or military character for
* ET.B. In the case of the first register the qualifying period is the
six months ending on the 15th April, 1918.
(q) See pp. 6872, supra.
(r) See sect. 41 (8), p. 307, titpra, and pp. 4954, 70, supra.
(s) Seep. 69, supra.
(t) See pp. 69, 4956, supra.
(u) See sect. 5 (1) and (3), p. 7679, supra.
592 APPENDIX I.
which payment is made out of moneys provided by Par-
liament, or (where the person serving was at the com-
mencement of his or her service resident in the United
Kingdom) out of the public funds of any part of His
Majesty's Dominions, or^in service as a merchant sea-
man, pilot, or fishermanfincluding the master of a mer-
chant ship or fishing boat and an apprentice on such a
ship or boat, or
(b) serving in any work of the British Bed Cross'.
Society, or the Order of St. John of Jerusalem in
England, or any body with a similar object, or
(c) serving in any other work recognised by the
Admiralty, Army Council, or Air Council, as work of
national importance in connection with the war (a;).
11. The right of a naval or military voter to be registered
as a parliamentary elector is to be in addition to any other right
to be registered (y}. But a male naval or military voter is not
to be entitled to be registered for a constituency in respect of an
actual residence qualification in the constituency except on mak-
ing a claim for the purpose, accompanied by a declaration in
the prescribed form, that he has taken reasonable steps to pre-
vent his being registered as a naval or military voter for any
other constituency (z).
12. The statement of any person, made in the prescribed form
and verified in the prescribed manner that he or she would have
had the necessary qualification in a constituency but for the
service which entitled him or her to rank as a naval or military
voter is to be sufficient for all purposes of such qualification,
if there is no evidence to the contrary (a).
LOCAL GOVERNMENT FBANCHISE.
13. A man or woman is entitled to be registered as a local
government elector for a local government electoral area if he
or she is a British subject of full age and not subject to any
legal incapacity and has the requisite qualification (&).
14. In order to have the requisite qualification the man or
woman:
(a) must on the last day of the qualifying period* be occupy-
ing as owner or tenant land or pTemises in the local
government electoral area, and
(b) must during the whole of the qualifying period* have so
occupied land or premises in the local government elec-
toral area (c), subject, however, to the provisions in
* N.B. In the case of the first register the qualifying period is the
six months ending on the 15th April, 1918.
(x) See sect. 5 (3), and pp. 8285, supra.
(y} See pp. 91, 92, supra.
(z) See sect. 5 (1), and pp. 91 93, supra.
(a] See sect. 5 (2), and pp. 8890, supra.
(b) See as to men, sect. 3, pp. 40, 41, supra, anl as to women, sect
4 (3), pp. 64, 65, supra.
(c} See as to men, pp. 43 62, supra, and as to women, p. 74, supra.
MKMOKANiHJM AS TO FRANCHISE. 593
regard to the successive occupation of land or premises
as hereinafter mentioned. (See paras. 18 and 19.)
15. A woman who has attained the age of 30 years, and is not
subject to any legal incapacity, will be entitled to be registered
as a local government elector where she is the wife of a man
v/ho is entitled to be registered as a local government elector in
respect of premises in which they both reside, imd for this purpose
n naval or military voter who is registered in respect of a resi-
dence qualification which he would h#ve had but for his service,
is to be deemed to be resident in accordance with that qualifica-
tion (d}.
16. The expression '* tenant '' includes a man or woman,
who
(a) himself or herself inhabits any dwelling-house, or part
of a house occupied separately as a dwelling-house, by
virtue of any office, service, or employment if the
dwelling-house or the part so occupied separately is
not inhabited by the person in whose service he or she
is in such office, service, or employment (e], or
(b) occupies a room or rooms as a lodger provided that such
room or rooms are let to him or her in an unfurnished
state (/).
SUCCESSIVE RESIDENCE on OCCUPATION.
17. Parliamentary Franchise. A man, though he may have
resided in premises or occupied business premises, as the case
may be, in the constituency for a part only of the qualifying
poriod, as mentioned in paras. 2 and 4, will, nevertheless, be
entitled to be registered as a parliamentary elector if, throughout
the remainder of the qualifying period, he resided in premises or
occupied business premises, as the case may be, in another con-
stituency within the same parliamentary borough or parliamen-
tary count} 7 , or within a parliamentary borough or parliamentary
county contiguous to that borough or county, or separated from
that borough or county by water, not exceeding at the nearest,
point fi miles in breadth, measured in the case of tidal water
from low- water mark (r/). For the purpose of this provision
the Administrative County of London is to be treated as a par-
liamentary borough (h).
18. Local Government Franchise. A man or woman, though
he or she may have occupied land or premises in the local govern-
ment area, for a part only of the qualifying period, as mentioned
in para. 14, will, nevertheless, where the local government area is
not an administrative county or county borough, be entitled to be
registered as a local government elector, if, throughout the re-
(d) See sect. 4 (3) (ft), and pp. 75, 76, supra.
(e) See pp. 49 56, supra.
(/) See pp. 57 61, wpra.
(V) See sect. 1 (2) (*), pp. 2, 3, and pp. 2324, supra.
(A) See sect. 1 (2) (*}, p. 3, supra.
F. 38
594 APPENDIX I.
mainder of the qualifying period, he or she occupied land or
premises in any administrative county or county borough in which
the local government area is wholly or partly situate (t) .
19. In connection with the two preceding paragraphs it should
be borne in mind that
(i) A man is not entitled to be registered as a parliamentary
elector for a constituency in respect of a residence quali-
fication though he may have been residing in premises
in the constituency on the last day of the qualifying
period, if he commenced to reside in the constituency
within thirty days before the end of the qualifying
period, and ceased to reside within thirty days after the
time when he so commenced to reside (&).
(ii) A man or woman is not entitled to be registered as a local
government elector for a local government electoral area
though he or she may have been occupying land or
premises in the area on the last day of the qualifying
period, if he or she commenced to occupy the land or
P'remises within thirty days before the -end of the qualify-
ing period, and ceased to occupy the land or premises
within thirty days after the commencement of the
occupation (I).
JOINT OCCUPATION.
20. Where land or premises are in the joint occupation of
two or more persons, each of the joint occupiers is to be treated
as occupying the premises, subject as follows:
(a) In the case of the business premises qualification for the
purpose of the parliamentary franchise the aggregate
yearly value of the premises must be not less than the
amount produced by multiplying ten pounds by the
number of the joint occupiers (m) ; and
(b) In the case of the occupation of land or premises (not
being a dwelling-house) the aggregate yearly value
thereof must for the purpose of the parliamentary fran-
chise of women be not less than the amount produced by
multiplying five pounds by the number of joint
occupiers (ft); and
(c) Not more than two joint occupiers are to be entitled to
be registered in respect of the same land or premises,
unless they are bond fide engaged as partners carrying
on their profession, trade or business on the land or
premises (o).
(*) See pp. 61, 62, supra.
(k) See sect. 7 (3), p. 99, supra, and pp. 10, 11, supra.
1} See sect. 7 (3), and p. 43, supra,
(m} See sect. 7 (1), p. 98, and p. 37, supra.
') See sect. 7 (1), p. 98, and p. 69, supra.
to) See sect. 1, pp. 13, sect. 3, pp. 40, 41, 56, 57, 59, sect. 4, pp. 63
65, 69, supra.
MEMORANDUM AS TO FRANCHISE. 505
INTEREUPTION OF EESIDENCE OB OCCUPATION.
21. Residence in a house or the occupation of a house by a
person is not to be deemed to be interrupted by reason only of
permission being given, by letting or otherwise, for the occu-
pation of the house, as a furnished house, by some other person
for part of the qualifying period not exceeding four months in
the whole (p), or by reason only of notice to quit being served
and possession being demanded by the landlord of the house (g r );
but the express enactment of this provision is not to affect in any
way the general principles governing the interpretation of the
expression " residence ' and cognate expressions (r) .
PROVISIONS AS TO DISQUALIFICATIONS.
22. A person is no longer disqualified from being registered
as a parliamentary or local government elector by reason that
he or some person for whose maintenance he is responsible has
received poor relief or other alms ().
23. A conscientious objector who either
(a) Has been exempted from all military service (including
non-combatant service) on the ground of conscientious
objection, or
(b) Having been convicted by- a court martial of an offence
against military law, and having represented that the
offence was the result of conscientious objection to mili-
tary service, has been awarded imprisonment or
detention,
is disqualified during the continuance of the war and a period
of five years thereafter from being registered as a parliamentary
or local government elector unless before the expiration of one
year after the termination of the war he proves to the Central
Tribunal as established for the purposes of the Military Service
Act, 1916, and obtains from that Tribunal a certificate to the
effect
(i) That he has during the continuance of the war taken up
and, so far as reasonably practicable, continued service
which constitutes a person (other than a person serving
on full pay as a member of the naval, military or air
forces of the Crown) a naval or military voter, or
(ii) That, having been exempted from military service on
condition of doing work of national importance, he has
done such work in accordance with the decision and to
the satisfaction of the appropriate tribunal or authority,
or
(iii) That, having obtained an absolute exemption from mili-
tary service without any such condition, he has (whether
before or after the 6th February, 1918) been engaged
(p) See pp. 1623, 27, 28, 45, 46, *npra.
(q) See pp. 23, 28, 46, 46, supra.
(r) See p. 11, supra.
() See sect. 9 (1), pp. 112, 116, 117, supra.
38 (2)
590 APPENDIX I.
in and, so far as reasonably practicable, continued some
work of national importance ().
24. If a conscientious objector disqualified as above-mentioned
would have been entitled to be registered as a parliamentary or
local government elector but for that disqualification, the dis-
qualification is not to extend so as to affect the right of his
wife to be registered as a parliamentary or local government
elector, as the case may be (w).
25. A man or woman is not entitled to be registered as a parlia-
mentary or local government elector, if he or she is not a British
subject, and nothing in the Act, except as expressly provided,
is to confer on any person, whether a man or a woman, who is
subject to any legal incapacity to be registered either as a
parliamentary or local government elector, any right to be so
registered (x).
LOCAL GOVERNMENT BOARD.
March, 1918.
(t) See sect. 9 (2), pp. 112114, 117121, *upra.
w) See p. 121, supra.
*) See sect. 9 (3), pp. 114, 115, 120, 121, ,/), which give examples as to the com-
pilatiou pi the register, indicate how the several columns are
to be filled.
These instructions ax to entries in lists must be strictly ad-
hered to.
5. NAVAL OR MILITARY VOTERS.
The general scheme for the registration of naval or military
voters is explained in the appended memorandum (q). In the
course of your enquiries you will obtain information as to the
persons who appear to be entitled to registration as such voters.
You should keep notes of such cases for*comparison with the cards
which I shall send containing the statements (/) made by these
persons as to their right to registration, and you will be thus
enabled in most cases to place the names in the appropriate
Division of the lists. The cards should be returned to me when
dealt with. If any difficulty arises in a particular case you should
report it to me for further investigation.
6. DEALING WITH MANUSCRIPT LISTS.
If your Parish comprises more than one registration unit (s),
,you are to forward to me the lists for each registration unit as
and when those lists are made up, without waiting for the com-
pk'tion of the lists of the whole parish. The draft or a copy
of the lists should be retained by you.
The arrangements for printing the liwts will be made by me,
and you will be informed whether the manuscript lists are to
be sent to the printers direct, or through me, and also what
work is to be done in the examination and correction of the
proofs. .
7. PUBLICATION OF LISTS.
When you receive the final prints of the electors lists relating
to your parish, or to any registration unit forming part of the
parish, you are to publish those lists () on my behalf in the
parish or registration unit, as the case may be, on or before the
loth June, 1918 (*), in the case of the first register, and on
or before the 1st February () and the 1st August (#) in the
case of registers in normal years. The mode of publication (y]
'will be by making copies available for inspection:
(i) By depositing* a copy in the chief post office in the parish
* This will be subject to direction by the Postmaster General.
'/>) See pp. 603604, infra.
//} See pp. 605609, infra.
(V) See sect. 5 (2), p. 77, supra, and Forms set out on pp. 571 574, supra.
s) See Rule 1, p. 339, supra, and paragraph 3, pp. 598599, supra.
t] See Rules 6 and 7, pp. 341342, *upra.
(It) See pp. 613614, infra.
; See Rule 6, p. 341, tttpra.
(//) See Rule 31, pp. 350351, tup.
602 APPENDIX I.
or registration unit to which the lists relate, or if such
deposit cannot be made,
(ii) By depositing a copy in some other convenient place
in that parish or registration unit, and
(iii) Exhibiting copies in such other manner as I may
instruct you as is desirable for the purpose of bringing
the lists to the notice of those interested.
You are also to publish at the same time and in the same-
manner the corrupt and illegal practices list '(a?) (if any) wTiich
will be sent to you.
The lists when published as above-mentioned must be kept
so published for f
and if you find any list to be destroyed, mutilated, defaced,
or removed you are forthwith to place another copy in its place.
8. SUPPLY OF FORMS.
You should be prepared to supply (zz) to any persons, who may
require them, forms of claim to be registered (a) or to be regis-
tered correctly (6) (as the case may be) in the electors lists
and of notices of objection (c) to the registration of persons-
whose names are included in the electors lists, or of persons
whose names are included in the list of claimants (d), and I
will supply you with such number of forms as may be necessary
for this purpose.
9. FURTHER INFORMATION.
It will be your further duty at any time to furnish me with
any information required by me respecting any persons resident
in or occupying land or premises in your parish or the removal
of any person from the parish (e).
You will keep and furnish to me a record of any cases which
you discover in making up the lists of persons possessing dupli-
cate qualifications which may necessitate my striking out the
name, or placing a mark against the name, of any such persons
in accordance with Rules 2 (/) and 23 (g) in the First Schedule
to the Act.
t The period during which the lists must be kept published will be-
communicated to you in due course.
(-) See Rule 8, p. 342, xupra.
(zz) See Rule 32, p. 351, xupra.
(a) For Forms, see pp. 562568, supra.
(b) For Form, see p. 569, supra.
(c) For Forms, see p. 570, wprti.
(d) For Forms, see pp. 570 571, supra.
e) See Rule 7, pp. 341342, supra.
f) For this Rule, see pp. 339 340, supra.
See pp. 347348, supra.
INSTRUCTIONS TO OVERSEERS.
TABLE I. (ALPHABETICAL OEDEE.)
DIVISION I.
Polling District D., Parish of Corting.
(1)
Num-
ber.
()
Names in Full
(surname first).
(3)
Kesidence or Property
Occupied, and
Abode of Non-Resident
Occupier.
(4)
Nature of
Qualification .
. s-
Brown, Arthur John . .
Carter, Jessica . . .
High Court Farm ....
Rose Cottage, Burley
R. 0.
H.O. H.O.
Carter. William
Lane.
Do.
N.M. 0.
Green, Samuel
Shop, Church Road.
B.P. O.
Matthews Mabel
(Abode 34, Duke
Street, Exeter.)
Stone House
O. O.
Smith, Clarence John . .
3, Church Row
R. 0.
Smith, Elizabeth
Do
H.O. H.O
DIVISION II.
Polling District D., Parish of Corting.
(1)
Num-
ber.
(2)
Names in Full
(surname first).
(3)
Residence or Property
Occupied , and
Abode of Non-resident
Occupier.
(4)
Nature of
Qualification.
Archer, Henry John . .
Bell Inn
R.
Brown, James Arthur.
Green, Florence Emily.
High Court Farm
Shop, Church Road.
( Abode 34, Duke
Street, Exeter.)
N.M.
H.O.
DIVISION III.
Polling District D., Parish of Corting.
(1)
Num-
ber.
Names in Full
(urname first) .
(3)
Residence or Property
Occupied, and
Abode of Non-resident
Occupier.
(4)
Nature, of
Qualification.
Black, Violet Hester..
Orchid Villa
O.
Jones, Joshuti .
Land Plough Lane.
o
(Abode 15, Dia-
mond Terrace, 11-
chester.)
APPENDIX I.
(1)
Num-
ber.
TABLE II. (STEEET OEDEE.)
DIVISION I.
Polling District D., Parish of Carting.
(2)
Names in Full
(surname first') .
(3)
(4)
1
Nature of
1
Qualification.
Residence or Property
Occupied, and
Abode of Non-resident
Occupier.
Parlia-
mentary.
Local
Govern-
ment.
QUEEN STREET continued.
Matthews, Mabel 21 0. O.
Greeu. Samuel '22. (Abode 34, Duke B.P. O.
Street, Exeter.)
Carter, Jessica 23 ! H.O. H.O.
Carter, William 23 N.M. ! O.
Smith, Clarence John. 24 ..... R. O.
Smith, Elizabeth 24 H.O. H.O.
Brown, Arthur John . . - 25 j E. O.
DIVISION II.
Polliny District D., Parish of Carting.
(1)
(2).
(3)
(4)
Residence or Property
Num-
Names in Full Occupied, and
Nature of
ber.
(surname first). Abode of Non-resident
Qualification.
Occupier.
QUEEN STREET continued.
Green, Florence Emily 22. (Abode 34, Duke ! H.O.
Street, Exeter.)
Brown, James Arthur. 25 . N.M.
Archer, Henry John. . Bell lun R.
DIVISION III.
Polling District D., Parish of Carting.
0) (2)
Nuin- Names in Full
ber. (surname first) .
1
(3)
Residence or Property
Occupied, and
Abode of Non-resident
Occupier.
(4)
Nature of
Qualification.
QUEEN STREET continued.
Jones, Joshua 22, Stables. (Abode O.
15, Diamond Ter- j
race, Ilehester.)
Black, Violet Hester.. 26 ! O.
MEMORANDUM AS TO NAVAL OK MILITARY VOTERS. 605
NAVAL OB MILITARY VOTEKS (h).
Section 5 (i) of the Act confers an entirely new electoral
qualification for persons described, therein as " naval or mili-
tary voters." These comprise the following classes:-
1. Persons serving at home or abroad on full pay as members
of any of the naval, military or air forces of the Crown.
2. The following persons serving abroad or afloat in connection
with the war:
(a) Persons in service of a naval or military character for
which payment is made out of moneys provided by Par-
liament or (where they were at the commencement of
their service resident in the United Kingdom) out of
the public funds of any of the Dominions.
(b) Persons in service as merchant seamen, pilots, or fisher-
men, including masters and apprentices.
(c) Persons serving in any work of the British Red Cross
Society or the Order of St. John of Jerusalem in
England, or any other body with a similar object.*
(d) Persons serving in any other work recognised by the
Admiralty, Army Council or Air Council as work of
national importance in connection with the war.*
Males in each of the foregoing classes are entitled to be registered
if they have attained 19 years of age, and females if they have
attained 30 years of age, on the last day of the qualifying period,
which in the case of the first register is the 15th April, 1918.
These naval or military voters are entitled to be registered
as parliamentary voters for any constituency for which they
would have had the necessary qualification but for the service
which under the Act entitled them to be registered as naval or
military voters.
The section provides (&) that the statement of any person made-
in the prescribed form and verified in the prescribed manner
that he would have had the necessary qualification in any con-
stituency but for the service which brings him within the pro-
visions of the section, shall for all purposes of the section bo
sufficient if there is no evidence to the contrary.
An Order in Council has been issued prescribing the form (I)
in which these statements are to be made and verified, and
arrangements have been made with the Admiralty, the Army
Council and the Air Council, for the collection, so far as is pos-
sible, from naval or military voters- of information respecting 1
any qualification which they would have had but for their ser-
* See List on pages 608 and 635 of Bodies with a similar object to those
mentioned in para, () and of organisations recognised by the Admiralty,
Army Council, or Air Council under para. (d).
(A) This is the memorandum referred to in the preceding memorandum.
See p. 601, supra.
(i) See pp. 7679, supra.
(k) See sect. 5 (2), p. 77, supra.
(I) See pp. 571574, supra.
606 APPENDIX r.
vice. The forms have been printed in postcard shape, and so
far as is practicable they will be filled up individually by the
naval or military voters. In the case of men serving in the
Forces in distant parts of the world from whom it would not be
possible to obtain particulars in time for the first registra-
tion (m), the Record Offices in regard to the Army and the
Air Force, and the Admiralty in regard to the Navy, will furnish
such information as they can (n). In this way a large mass
of information will reach the Registration Officers from all classes
of naval or military voters. On the other hand, the Registration
Officers and other officials employed in the compilation of the
electors lists will, in the course of their canvass, obtain a large
amount of information with regard to these voters. The Regis-
tration Officers are accordingly recommended, on receipt of the
postcards, to dispatch them to the officials engaged in preparing
the lists in the areas to which the cards relate, so that as far as
possible they may utilise them, together with the particulars!
which they will obtain in the course of their canvass, in pre-
paring the lists of voters. The naval and military voters are,
by Rule 17 (o) of the First Schedule to the Act, to be placed
automatically on the absent voters list, unless they notify a
desire to the contrary or they are registered in respect of actual
residence. Except in the latter cases, the names of naval or
military voters will be marked (p) in the register with the
letter a, and will also be included in the separate list of absent
voters for the polling district, and the cards should therefore
be returned by the overseers to the Registration Officer when
the necessary information contained in them has been noted for
the purpose of preparing the electors lists.
The cards in use in the Navy, Marines and Naval Division
are of a different form from those adopted for other classes of
naval or military voters, being double cards. It is desired that
as soon as it is clear that any man in the naval forces will be
registered, his card should be marked in the space provided,
showing the constituency in which he will be registered, and the
card be transmitted to the ship or establishment in which he is
recorded as serving. Each card will be received in an envelope
and should be returned in the same envelope re-addressed as
indicated thereon. The envelopes can, however, be made up in
packages if there are a number relating to the same ship or
establishment.
All other cards than naval cards can be retained by the Regis-
tration Officer, but it will be necessary that lists should be
made out of voters in the Army and Air Force according to
Record Offices (of which a list showing the Corps included under
each Office will be sent to the Registration Officer), and that
a copy of the list relating to each Record Office should be
forwarded to that Office. Those lists should be made and for-
(/) See pp. 613 614, infra,
(n) See Rule 18, p. 346, supra.
(o) For this Rule, see pp. 345 346, supra.
(p] See note on Form of Register, p. 577, supra.
MEMORANDUM AS TO NAVAL OR MILITARY VOTERS. 607
warded as soon as the register is sufficiently advanced to enable
the Registration Officer to know that the voters will be registered.
These lists will be kepi up to date by the Record Offices by
noting changes of posting (which are now very numerous),
deaths, discharges and other alterations as recorded, and will
enable them to supply for future registers particulars of the men
entered as (electors in thei constituency in a imore or less up-to-date
form. Similarly, if an election takes place they will supply
the lists as amended, so as to show changes in the addresses
to which voting papers are to be dispatched (g).
It is open to the Registration Officers to inquire of the Naval
or Military Authorities (r) in regard to men of whose registra-
tion they are in doubt, but it must be realised that so far aai
particulars connected with registration are concerned those autho-
rities have no information beyond the name of the individual
man, his age as entered in the records, and the particulars of
his next of kin, whose address may or may not be that in respect
of which he is entitled to be registered. It will thus be of no
service, generally speaking, to correspond with these Autho-
rities on other points, and those engaged in the registration;
will have to depend upon such information as can be collected
in the locality. It will be remembered that, as noted above,
the statement of the naval or military voter as to his qualification
is, in the absence of evidence to the contrary, to be sufficient
for the purpose of registration.
In cases where inquiry of the Naval or Military Authorities
is necessary, it should be addressed in the case of the Army
or the Air Force to the " Officer i/c Records." In the case
of the Navy and Marines it should be addressed to the Com-
manding Officer of the Ship or Marine Division (i.e., Chatham,
Portsmouth, Plymouth, Eastney or Deal) if such is known. In
other cases application should be made as follows:
Branch of Service. Department concerned.
(1) Royal Navy and Royal Naval Admiralty (Seamen's Ser-
Volunteer Reserve (other than vices Branch), S.W. 1.
men serving in the Royal Naval
Division).
(2) Royal Naval Reserve . . The Registrar General of
Shipping and Soamen,
Tower Hill, E. 1.
(3) Royal Marines . . . Admiralty (Royal Marino
Office), S.W. 1.
In the case of the Royal Naval Division, application should
be made in all cases to the Officer in Charge of Records, 63rd
(R.N.) Division, 47, Victoria Street, S.W. 1.
Inquiries cannot be answered unless the name, official number,
rating or rank, and branch of service can be given.
(q) See sect. 23, pp. 172 176, supra.
(r) See Rule 18, p. 346, supra.
608 APPENDIX I.
Inquiries as to Officers, whether naval or military, must be
made to the Officers themselves.
It will be borne in mind that the right of a person to bet
registered as a naval or military voter is in addition to any other
right to be registered (s), and that therefore he can be registered
in respect of an actual residence qualification in a constituency.
He must, however, make a claim for the purpose, accompanied
by a declaration, in the prescribed form, that he has taken reason-
able steps to prevent his being registered as a naval or military
voter in another constituency. The qualifying period in such
a case is one month (). A form () of claim and declaration
has been prescribed by Order in Council.
LIST, WITH ADDRESSES FOE COMMUNICATIONS, OF CERTAIN BOWKS
. WITHIN PARAGRAPH 2 (c).
British Rod Cross Society. \ The Secretary to the
Order of St. John of Jerusa- i Joint War Committee of the
lem in England. British Red Cross and the
Scottish Women's Hospital. > Order of St. John of Jeru-
First Aid Nursing Yeomanry salcm in England,
working for the British. 83, Pall Mall,
Friends' Ambulance Unit. / London, S.W.I.
St. Andrew's Ambulance The Secretary,
Association. 176, West Regent Street,
Glasgow.
Other Red Cross organisations, such as the Australian,
Canadian, South African, American, French, Italian and Serbian
Red Cross Societies are included under the Paragraph.
LIST, WITH ADDRESSES FOR COMMUNICATIONS, OF BODIES,
SERVICE WITH WHOM HAS BEEN RECOGNISED (a?) UNDER PARA-
GRAPH 2 (d).
Young Men's Christian Asso- National Headquarters,
ciation. Tottenham Court Road,
London, W. 1.
Salvation Army . . . Salvation Army Headquarters,
101, Queen Victoria Street,
London, E.C. 4.
Church Army . . . Hon. Secretary,
55, Bryanston Street,
London, W. 1.
Scottish Churches Huts . 22, Queen Street,
Edinburgh.
Catholic Women's League . \ UQ> ^^ ^^
Catholic Olub Huts . . ) London, S.W. 1.
(*) See sect. 5 (1), pp. 76, 77, and pp. 90, 91,
(t) See sect. 6, p. 94, and pp. 96, 97, sitpra.
(M) For this Form, see p. 569, wpra.
(.r) See p. 637, infra.
MEMORANDUM AS TO NAVAL OR MILITARY VOTERS. 609
United Navy and Army
Board.
Soldiers' Christian Associa-
tion.
The Colonial and Continental
Church Society.
Navy and Army Canteen
Board.
Wesleyan Army and Navy
Board.
4, Southampton Row,
London, W.C.I.
296, Vauxhall Bridge Road,
London, S.W. 1.
9, Serjeants' Inn,
Fleet Street,
London, E.C. 4.
The Naval Secretary,
Navy and Army Canteen
"Board, Imperial Court,
Knightsbridge,
London, S.W. 3.
Rev. J. H. Bateson,
Secretary,
Wesle}^an Army and Navy
Board,
Central Buildings,
Westminster,
London, S.W. 1.
F.
39
APPENDIX I.
No. 5.
SCALE OF REGISTRATION EXPENSES a.
E. P. 8.
IN PURSUANCE OF THE POWERS CONFERRED BY SECTION 15 OF
THE EEPRESENTATION OF THE PEOPLE ACT, 1918, WE BEING Two
OF THE LORDS COMMISSIONERS OF His MAJESTY'S TREASURY HAVE
FRAMED THE FOLLOWING SCALES OF EEGISTRATION EXPENSES FOB
ENGLAND AND WALES. THESE SCALES WILL BE APPLICABLE ONLY
TO THE FIRST AND SECOND EEGISTERS PREPARED UNDER THE Ad.
I.
First
Register.
' s. d.
PARLIAMENTARY COUNTIES.
(a) Registration Officer's Fee.
(To cover payments to Deputies
and Clerks.)
For the first 25,000 electors in the
Registration Area 250
For each additional 1,000 electors up
to 100,000 700
For each additional 1,000 electors be-
yond 100,000 600
(b) Registration Officer's Expenses
in respect of the remuneration
of Assistant Overseers and
other persons, similarly em-
ployed.
In a parish where the number of elec-
tors
(i) does not exceed 250 for every
elootor
(ii) exceeds 250 but does not exceed
1,000 for every 100 electors
exceeds 1,000 for every 100
electors ...........................
Provided that the minimum
expenditure which may be in-
curred under any item of this
scale shall not be less than the
maximum under the preced-
ing item.
of
with a.
raiiiimum
of 1.
1 13 4
Second
Register.
s. d.
>0
700
6
004
with a
minimum
15*.
1 5
16 8
n \
SPC sect. 15, pp. 139141, supra,
SCALE OF REGISTRATION EXPENSES. 611
First Second
Register. Register.
s. d. s. d.
2. PARLIAMENTARY BOEOUGHS OUTSIDE
LONDON.
(a) Registration Officer's Fees.
(To cover fees to Deputies and
Clerks, the personal fee of the
Registration Officer and of any
deputy or deputies appointed by
him not to exceed in the aggre-
gate an amount calculated at the
rate of 2 10s. -for every 1,000
electors.)
For the first 25,000 electors in the
Registration area 175 175
For each additional 1,000 electors ... 400 400
(b) Registration Officer's Expenses
in respect of the ^remuneration
of Assistant Overseers and
other persons similarly em-
ployed.
For every 100 electors in the parish... 126 16 8
3 . PARLIAMENTARY BOROUGHS IN LONDON.
(a) Registration Officer's Fee.
(To cover Fees to Deputy Regis-
tration Officers).
For every 1,000 electors in the Regis-
tration area 2 10 2 10
(b) Registration Officer's Expenses
in respect of the remuneration
of Clerks, Canvassers, &c.
For every 100 electors in the Regis-
tration area 1 11 130
NOTES. Where the payment is for every 1,000 electors or
100 electors as the case may be, the payment for any number
in excess of a complete 1,000 or 100 should be calculated pro-
portionately.
The number of electors means in the case of the Registration
Officer's Fee the number registered in the Registration Area,
in the ca.-e of the remuneration of Assistant Overseers and other
persons similarly employed the number in the civil parish, and in
the case of the remuneration of clerks, canvassers, &c., in
London the number in the Registration Area.
II.
PRINTING, &c. EXPENDITURE.
(1) Where the printing is carried out under arrangements
made by His Majesty's Stationery Office such amount as may
be certified by that Department to be the expenditure incurred
in connection therewith.
S9 (2)
612 APPENDIX I.
(2) Printing carried out directly by the Registration Officer
and other Out of Pocket Expenditure.
The actual expenditure supported as far as possible by vouchers
and certified by a statutory declaration by the Registration Officer
to the effect that it was necessarily and properly incurred. First
class railway expenses and subsistence allowance at the rate of
1 a night when the Registration Officer or his Deputy are neces-
sarily absent from their homes on account of their registration
duties will be allowed.
(Sd.) J. W. PRATT.
(Sd.) J. TOWYN JONES.
TREASURY CHAMBERS,
WHITEHALL, S.W.,
1th March, 1918.
ORDER IN COUNCIL. 613
No. 6.
OEDEE IN COUNCIL UNDEE SECTION 46 (2) (x)
OF THE EEPEESENTATION OF THE
PEOPLE ACT, 1918, FIXING THE DATES ON WHICH
THE FIRST EEGISTER SHALL COME INTO FORCE, AND
UNTIL WHICH IT SHALL REMAIN IN FORCE, AND
ALTERING IN CONNECTION THEREWITH THE EEGISTRA-
TION AND QUALIFYING PERIOD DATES SPECIFIED IN
THE ACT.
[N.B. For alterations to this Order, see Order in Council
of. June 4th, 1918, rule 6, p. 749, infra, and Fifth Schedule,
p. 152, infra.~\
R. P. 3.
At the Court at Buckingham Palace, the 4th day of March,
1918.
PRESENT,
The King's Most Excellent Majesty in Council.
Whereas under s. 46 (2) of the Eepresentation of the People
Act, 1918 (herein-after referred to as " the Act "), provision is
made as follows:
" Notwithstanding anything in this Act, the first register
to be prepared under this Act shall come into force on, and
remain in force until, such date as His Majesty may fix by
Order in Council, and His Majesty may by any such Order
alter, in connection with the first register, any registration
dates, including the dates governing the qualifying period,
and direct that this Act shall have effect as so altered."
Xow, therefore, His Majesty is pleased, by and with the advice
of His Privy Council, to order, and it is hereby ordered, as
follows:
The first register to be prepared under the Act shall come into
force on the first day of October, 1918, and shall remain in force
(unless otherwise ordered) until the fifteenth day of March, 1919,
and in connection with the first register to be so prepared the
registration dates and the dates governing the qualifying period
shall, instead of the dates specified in the Act, be the dates
specified in the third column of the Schedule to this Order.
ALMEEIC FixzEov.
(#) See p. 336, xupra.
614
APPENDIX I.
Schedule.
^REGISTRATION DATES, &c.
Sub j ect-matter .
Date specified in
Act.
Substituted
date.
15th Jan. July
15th April
Publication of lists
1st Feb. Aug.
15th June
Last day for objections to electors
15th Feb. Aug.
29th June
lists
18th Feb. Aug.
5th July
Last day for claims as absent voters.
18th Feb. Aug.
5th July
Publication of list of objections to
2lst Feb. Aug.
8th July
electors lists.
Publication of list of claimants ....
24th Feb. Aug.
13th July
Last day for objections to claimants.
Publication of list of objections to
7th Mar. 4th Sept.
7th Mar. 4th Sept.
26th July
26th July
claimants (as soon as practicable
after.
Publication and coming into force
15th April Oct.
1st October
of register.
[N.B. Most of these dates have been altered by Order in
Council dated June 4th, 1918. See rule 6, p. 749, infra, and
Fifth Schedule, p. 752, infra.']
REGISTRATION OFFICERS ORDER, 1918. 615
No. 7.
THE REGISTRATION OFFICERS ORDER, 1918,
MADE IN PURSUANCE OF S. 12 (2) (x}.
To THE COUNTY COUNCILS of the several Administrative
Counties named in Column 2 of Schedule A. to this
Order;
To the Clerks to the said County Councils;
To the Councils of the several Municipal Boroughs named in
Column 2 of Schedule B. to this Order;
To the Town Clerks of the said Municipal Boroughs;
And to all others whom it may concern.
WHEEEAS by sub-section (2) of Section 12 (a?) of the Repre-
sentation of the People Act, 1918, it is provided that where the
registration area is a parliamentary county and is coterminous
with, or wholly contained in, one administrative county, the clerk
of the county council, and where the registration area is a parlia-
mentary borough and is coterminous with, or wholly contained in,
one municipal borough, the town clerk of the borough, shall be
the registration officer for the area, and that in any other case
such clerk of the county council, or town clerk, shall be registra-
tion officer for the area as the Local Government Board may by
Order direct, subject to any conditions which may be made by the
Order as to the appointment of deputies for any part of the area;
And whereas each of the Parliamentary Counties named in
Column 1 of Schedule A. to this Order is a registration area
which is jnot coterminous with or wholly contained in one adminis-
trative county, and each of the Parliamentary Boroughs named in
Column 1 of Schedule B. to this Order is a registration area
which is not coterminous with or wholly contained in one
municipal borough:
Now THEEEFOEE, in pursuance of Our powers in that behalf,
We, the Local Government Board, by this Our Order Direct as
follows:
AETICLE I. In the case of each of the Registration Areas
named in the first column of the Schedules A. and B. to this
Order the person for the time being holding the office of Clerk of
the County Council, or Town Clerk, as the case may be, specified
in the second column of those Schedules opposite to the name of
the Registration Area shall, until We by Order otherwise direct,
be the Registration Officer.
AETICLE II. This Order may be cited as " the Registration
Officers Order, 1918."
(x) See pp. 130131, supra.
APPENDIX I.
SCHEDULE A.
Name of
Parliamentary County.
Registration Officer.
Chester Clerk of the County Council of Chester.
Cornwall
Kent
Parts of Kesteven and
Rutland.
Northampton with the I
Soke of Peterborough.
Stafford
East Sussex
Brecon and Radnor ....
Cornwall.
Kent,
the Parts of
Kesteven.
Northampton.
Stafford.
East Sussex.
Brecon .
REGISTRATION OFFICERS ORDER, 1918. 617
SCHEDULE B.
Name of
Parliamentary Borough. 1
Registration Officer.
Aucriugton Town Clerk of the Borough of Accrington.
Ashton-under-Lyne. . . . I ,, ,, ,, ,, Ashton-under-
Lyne.
Barnsley ,, ,, ,, ,, Barnsley.
Batley and Morley .... ,, ,, ,, ,, Batley."
Blackpool ! ,, ,, ,, ,, Blackpool.
Brighton i ,, ,, ,, , Brightpn.
Bromley ,, ,, , Bromliy.
Bury | ,, ,, ,, , Bury.
Cheltenham j ,, ,, , Cheltenham.
Dudley ! ,, ,, ,, , Dudley.
Eccles , , , , , , Eccles.
Exeter , , , , , , Exeter.
Grrimsby ,, ,, , , Grimsby.
The Hartlepools ,, , , West Hartlepool.
Hythe ,, , , , Folkestone.
Kingston-upon-Thames. ,, ,, , ,, Kingston- upon -
Thames.
Leigh ,, ,, ,, Leigh.
Lincoln ,, ,, ,, ,, Lincoln.
Morpeth ,, . , ,, ,, Morpeth.
Nelson and Colne ,, ,, ,, ,, Nelson.
Newcastle- under -Ly me. ,, ,, ,, ,, Newcastle-under
Lyrae.
Preston ,, ,, ,, ,, Preston.
Richmond ,, ,, ,, ., Richmond.
Rochester ,, ,, ,, ,, Chatham.
Rossendale j ,, ,, ,, ,, Rawten stall.
Rotherham ,, ,, ,, ,, Rotherham.
Southampton ,, ,, ,, ,, Southampton.
Stockton -on -Tees ,, ,, ,, ,, Stoekton-on-Tees.
Sunderland j ,, ,, ,, Sunderland.
Wallsend | ,, Wallsend.
Wednesbury ,, ,, ,, ., Wednesbtiry.
Wimbledon ,, ,, ,, ,, Wimbledon.
Wolverharapton ,, ,, ,, ,, Wolverhampton.
York ,, York.
Cardiff , , ,, . , ,, Cardiff.
Carnarvon District of ,, ,, ,, ,, Carnarvon.
Boroughs.
Merthyr Tydfil , , , . Merthyr Tydfil .
Given under the Seal of Office of the Local Government
Board, this Thirteenth day of February, in the year
One thousand nine hundred and eighteen.
W. HAYES FISHER,
President,
H. C. MONRO,
Secretary.
618 APPENDIX I.
No. 8.
CIRCULAE LETTER (a) FROM LOCAL GOVERN-
MENT BOARD TO REGISTRATION OFFI-
CERS AS TO POLLING DISTRICTS AND
POLLING PLACES.
K. P. 1.
LOCAL GOVERNMENT BOARD,
Whitehall, S.W. 1,
16th February, 1918.
SIR,
I am directed by the President of the Local Government
Board to state that the Representation of the People Act, 1918,
which received the Boyal Assent on the 6th instant, makes special
provision, in substitution for enactments previously in force, in
regard to the division of parliamentary constituencies into polling
districts and the appointment of polling places. Sections 31
and 39 are as follows:
Section 31. (1) It shall be the duty of the council, whose
clerk is the registration officer for any constituency or by
whom the registration officer is appointed, as occasion
requires, to divide the constituency into polling districts,
and to appoint polling places for the polling districts in such
manner as to give to all electors in the constituency such
reasonable facilities for voting as are practicable in the
circumstances :
Provided that, before dividing any constituency in the
administrative County of London into polling districts, the
authority therefor shall send a draft of any scheme for that
purpose to the London County Council, and shall take into
consideration any representations made to them by that
Council.
(2) If a local authority, or not less than thirty electors in a
constituency, make a representation to the Local Government
Board that the polling districts or polling places do not meet
the reasonable requirements of the electors in the con-
ytituency, or any body of electors, the Local Government
Board shall consider the representation, and may, if they
think fit, direct the council whose duty it is to divide the
constituency into polling districts to make such alterations
as the Board think necessary in the circumstances, and if the
council fail to make those alterations within a month after
the direction is given may themselves make the alterations,
and any alterations so made shall have effect as if they had
been made by the council.
(a) See sect. 13 (1), p. 133, supra ; also p. 134.
INSTRUCTIONS POLLING DISTRICTS AND PLACES. 619
In this provision the expression " local authority " means
as respects any constituency the council of any county,
borough, urban or rural district, or parish wholly or partly
situate in the constituency, or the parish meeting of any
parish so situate where there is no parish council.
(3) On the exercise of any powers given by this section
the council by whom the powers are exercised shall send to
the Local Government Board a report and publish in the
constituency a notice showing the boundaries of any polling
districts or the situation of any polling places constituted
as a result of the exercise of the power.
(4) An election shall not be questioned by reason of any
non-compliance with the provisions of this section or any
informality relative to polling districts or polling places.
(5) This section shall not apply to University con-
stituencies.
(6) Nothing in this section shall affect any polling districts
or polling places constituted before the passing of this Act
until occasion arises for the exercise of the powers given
by this section.
Section 39. The council having power to divide a con-
stituency into polling districts shall, not later than one month
after the passing of this Act, take into consideration the
division of the constituency into polling districts, a!hd make
any re-arrangements of those districts and of polling places
which it appears necessary to make as a consequence of
alterations effected by this Act.
It will be observed that under Section 39 the Council are to
review the polling districts within a month from the 6th instant,
and Mr. Hayes Fisher requests you to be good enough to bring
the matter at once to the notice of the Council.
It is of importance that any alterations in the polling districts
should be made at the earliest date practicable, as the electors'
lists must be prepared so as to conform with the polling districts.
I am to add for your information that the Board, in consulta-
tion with the Treasury and the Stationery Office, have under con-
sideration the general arrangements to be adopted throughout the
country in regard to the printing of the lists and registers, and
the supply of copies of forms required in connection with the
preparation of the lists. As soon as the necessary Orders in
Council prescribing the qualifying period and registration dates
for the purposes of the first register, and the forms to be used,
have been issued, a further communication with respect to these
and the other matters above referred to will be sent to you.
I am, Sir,
Your obedient Servant,
H. C. MONRO,
Secretary.
The Eegistration Officer of the
Parliamentary County or Borough.
620 APPENDIX I.
No. 9.
CIRCULAR LETTER (a) FEOM LOCAL
GOVERNMENT BOARD TO REGIS-
TRATION OFFICERS.
R. P. 10.
LOCAL GOVERNMENT BOARD,
Whitehall, S.W.I.
6th April, 1918.
SIR,
I am directed by the President of the Local Government
Board to request that you will be good enough to bring before
your Council the accompanying copy of the circular letter dated
the 20th ultimo addressed to you in your capacity as Registra-
tion Officer of the Parliamentary County or Borough on the
subject of the procedure in relation to the registration of electors
under tjie Representation of the People Act, 1918.
EXPENSES.
Ari the Council are responsible for the payment of registration
expenses, subject to contributions by other Councils in certain
cases, Mr. Hayes Fisher desires that the attention of the Council
should be directed in particular to the paragraphs in the circular
relating to such expenses. A copy of the scale of expenses
framed by the Treasury should also be laid before the Council.
In connection with this matter, it will be borne in mind that
the expenses in the case of a county are to be paid out of the
county fund, and if necessary as expenses for special county
purposes, in the case of a borough out of the borough fund or
rate or, if there is no borough fund or rate, out of the fund or
rate out of .which the ordinary expenses of the council are paid,
in the case of an urban district out of the general district rate,
and in the case of a metropolitan borough as general expenses.
The Council are empowered on the request of the Registra-
tion Officer to make to him, in respect of his expenses, advances
of such amount and subject to such conditions as the Council
may approve.
The attention of the Council should also be drawn to the last
paragraph but one on page 5 of the circular with regard to the
suggested arrangement, with the consent of the Council, for the
use of existing office accommodation. Mr. Fisher lias no doubt
that, in view of the great need for economy, the Council will be
willing to do all in their power to facilitate such an arrangement.
(a) See sect. 13 (1), p. 133, supra; also p. 134.
DIRECTIONS TO REGISTRATION OFFICERS.
ORDER OF NAMES IN EEGISTER.
A^ stated in the circular letter, the names in the register
of a registration unit in a parliamentary borough will be
arranged in street order, unless the Council whose Clerk is the
Registration Officer considers, having regard to the general
character of the area forming the unit that this arrangement is
inapplicable. If the unit is in a parliamentary county the names
will be arranged in alphabetical order, unless the Council whose
Clerk is the Kegistration Officer considers that arrangement in
street order is possible and convenient. (Schedule I., Rule 4.)
In many municipal boroughs and urban districts in a parlia-
mentary county, arrangement of the names in street order will
no doubt be the most convenient method, and in some parlia-
mentary boroughs there may be registration units where the
names can only be arranged in alphabetical order. Any direc-
tion by the Council in cases of the kind should be given at the
earliest possible moment, so that the electors lists may be
prepared with the names in the appropriate order.
VACANCY IN OFFICE OF EEGISTRATION OFFICER.
In the event of any vacancy in the office of clerk of the
county council or of town clerk or clerk to the urban district
council it will rest with the chairman of the county council, the
mayor, or the chairman of the urban district council, as the
case may be, to appoint a person temporarily to perform the
duties of the Registration Officer.
POLLING DISTRICTS AND POLLING PLACES.
The circular letter addressed to Eegistration Officers on the
16th February drew attention to the provisions of Sections 31 and
39 of the Act relative to the division of constituencies into polling
districts and the appointment of polling places.
In those cases where any rearrangement of polling districts or
polling places has become necessary as a consequence of the
alterations of the areas of constituencies, the Board will be glad
to receive as soon as possible a report as to the boundaries of the
polling districts and the situation of the polling places, in accor-
dance with Section 31 (3) of the Act, if such a report or a copy of
the order or direction of the Council has not already been
transmitted.
In cases where no alteration of the polling districts or of the
polling places in a constituency has been found to be necessary,
the Board would be obliged by being furnished if practicable
with a copy of the order or direction of the local authority, made
or given before the passing of the Act, fixing the present polling
districts and polling places.
In the cases of some parliamentary boroughs, difficulty is
understood to have been experienced in regard to the appoint-
ment of polling places in consequence of there being no building
in the polling district which can be stated as available
for the purposes of the poll. The Board are not prepared to
say that a polling place should not in any circumstances be out-
622 APPENDIX I.
side the polling district, but wherever a suitable building for the
purpose is or can be made available within the polling district
the polling place should be within the district. Generally they
consider that any school or other building known to be available
for the poll might be designated as the polling place. If there
is 110 such school or other building it would seem to be sufficient
to describe the appointed polling place as a suitable building in
or as near as practicable to a particular street, or square, or
other well-known place in the polling district. The number of
polling stations to be provided at each polling place will be
determined by the Eeturning Officer, in accordance with Rule 15
in the First Schedule to the Ballot Act, 1872.
In parliamentary counties, the Board themselves raise no
objection to the continuance of the practice hitherto followed
of designating the polling place by the name of the particular
village or parish in which the polling place is situated, if it is not
practicable to define the place more closely. The Board observe
that in some instances where a town or other area has been
divided into more than one polling district the name of the town
or other area has been given as the polling place for each poll-
ing district. It is not clear, therefore, where the polling place
of any particular district is, in fact, situated. The Board con-
sider that it is desirable in such a case to adopt a similar method
to that mentioned in the preceding paragraph by distinguishing
the polling place by reference to a building or some known place
in the polling district.
Having regard to Rule 26 in the First Schedule to the new
Act, it is desirable that each polling district should be dis-
tinguished by a separate letter.
There is another point to which reference may be made. In
parliamentary boroughs which existed before the /new Act, the
polling place or booth was fixed by the Returning Officer, for the
purposes of the particular election at which the booth was
required. The Board doubt whether the building or booth thus
fixed by the Returning Officer can be regarded as a polling
place constituted before the passing of the new Act within the
meaning of Section 31 (6) of the Act. It is desirable, therefore,
that polling places should be appointed in these cases although
no alteration of the polling districts may have been made.
So far as regards the publication of the boundaries of polling
districts and the situation of polling places, in accordance with
Section 31 (3), the Board think that this may be done by adver-
tisement in the manner hitherto adopted under Section 34 of the
Representation of the People Act, 1867, or by placards posted in
the constituency, or otherwise in such manner as may be found
most convenient for the purpose of bringing the matter to the
notice of persons interested.
I am, Sir,
Your obedient Servant,
H. C. MOXRO,
Secretary.
To the Clerk of the County Council or
Town Clerk or
Clerk to the Urban District Council.
DIRECTIONS TO REGISTRATION OFFICERS. 623
No. 10.
CIRCULAR LETTER (a) FROM LOCAL
GOVERNMENT BOARD TO REGIS-
TRATION OFFICERS.
E. P. 12.
LOCAL GOVERNMENT BOARD,
Whitehall, S.W.I.
Wth April, 191$.
SIR,
I am directed by the Local Government Board to advert to
the remarks in their circular letter of the 20th ultimo as to the
inquiries to be made by Registration Officers for the purpose of
ascertaining the names of persons entitled to be registered as
electors.
ACCESS TO FOOD REGISTERS.
It has been represented that access to the information
afforded by the Pood Registers under the control of Local Food
Committees would be of considerable assistance to Registration
Officers, more especially as disclosing the names of householders
or heads of families by whom it is desired that statements in
Form A. prescribed by the Order in Council should be made. The
Board are informed by the Ministry of Food that the Food Con-
troller raises no objection to the Executive Officers of the Local
Food Committee and the Registration Officers making their own
arrangements to assist one another. It will be understood, how-
ever, that the information thus obtained by Registration Officers
must be treated as strictly confidential and that in no circum-
stances should such information be disclosed or be used other-
wise than for the purpose of facilitating the preparation of the
electors lists and register.
NAVAL OR MILITARY VOTERS.
Another matter to which the Board desire to refer is the
registration of naval or military voters. The special memo-
randum R.P.7 appended to the Instructions to Overseers, of
which copies accompanied the circular, indicated the arrange-
ments wnich have been made for dealing with the cards
containing the statements by naval or military voters as to their
qualifications to be registered. The Board feel that under
present conditions there may be considerable delay in the trans-
mission of the cards of naval or military voters to the Registra-
tion Officer and that in some cases there may be miscarriage of
the cards. The Registration Officer will, of course, realise the
) See sect. 13 (1), p. 133, supra; also p.
134.
624 APPENDIX I.
importance of securing the registration of all naval or military
voters entitled to be registered, and of obtaining in the case
of persons serving in the Forces the necessary information as to
regiment, ship, number, etc., which will be required for
the purpose of addressing communications to these voters to
enable them to record their votes as absent voters. The Record
Offices, it is understood, would probably be unable to furnish
these particulars in the absence of means of identifying the
voters. It is therefore desirable that the overseers or other
persons employed in making inquiries should take especial care
to ensure that the particulars as to description of service,
regiment, ship, number, etc., indicated in the heading to the
4th column of He turn No. 5 in Form A., are correctly filled in,
and that any of these particulars otherwise obtained in the course
of their inquiries are carefully recorded. In any cases where
the particulars obtained in the course of the inquiries are
found to differ from those contained in the card filled in by the
voter, the Registration Officer should require the case to be
reported to him, but the name of the voter should be included
in tjie electors lists as well as in the separate list referred to
below.
The Board have under consideration the question of the
form in which the Absent Voters List should be made out,
and they will shortly address a communication to the Registra-
tion Officer on the subject. In order to facilitate the preparation
of this list and to ensure that the particulars above mentioned
as to description of service, regiment, etc., of naval or military
voters which are given in Form A., or otherwise obtained,
may be available for the purposes of the record of addresses "to
be kept by the Registration Officer, it may be of advantage that
the overseers should, when making out the electors lists, make a
separate list of naval or military voters containing in three
columns (a) the names of the naval or military voter, surname
first, (b) the qualifying premises and (c) the description of
service, regiment, ship, number, rank, etc. The names in this
separate list should be in the same order as they appear in the
electors lists. Columns (a) and (b) will contain the same entries
as those in columns (2) and (3) of the electors lists, whilst the
particulars in column (c) will be those obtained from Form A., or
otherwise. The separate list should be headed so as to show the
name of the constituency and the polling district or registration
unit.
PEG VISION OF BALLOT BOXES, &c.
It has been represented to the Board that, in view of the
increased electorate and the requirement of the Act that at a
general parliamentary election all polls shall be held on one
day, the existing provision of ballot boxes and stamping instru-
ments will be insufficient and that it will be necessary, having
regard to present conditions, for early steps to be taken to make
up the deficiency. H.M. Stationery Office are making arrange-
ments for the supply of ballot boxes and stamping instruments
where necessary and it is the view of the Treasury that Registra-
tion Officers should not obtain these independently, and that,
DIRECTIONS TO REGISTRA/riO.V OFFICERS.
unless a definite contract has already been made, they should
cancel any arrangements entered into for the purpose.
In order to avoid unnecessary expense in new purchases
the Registration Officer should ascertain at the earliest prac-
ticable date the precise number of ballot boxes and stamping
instruments which would be available, including those in the
possession of any local authority in the registration area, for
a general parliamentary election. In addition to ballot boxes
and stamping instruments in the hands of local authorities
which could be utilized, the Deputy Sheriff or other person who
has ^conducted parliamentary elections in the past may have a
number of these in his possession, and inquiry should be made
of him as to this and whether they can be handed over to the
Acting Returning Officer or otherwise made available for his
use.
When this information has been obtained the Eegistration
Officer should at once forward to the Superintendent of Stores,
H.M. Stationery Office, Westminster, London, S.W. 1, a state-
ment showing (a) the number of ballot boxes, etc., available;
(b) the additional number estimated to be required; and (c) the
basis upon which the estimate is arrived at, e.g., the number of
polling places in the registration area and of the polling stations
at each such polling place.
WORK RECOGNISED UNDER SECTION 5 (3) (ii) (c).
The Board may add that the work of the Young Women's
Christian Association (25 and 26, George Street, Hanover Square,
London, W. 1) has been recognised (w) by the Admiralty, Army
Council and Air Council under Section 5 (3) (ii) (c) of the new
Act as work of national importance in connection with the war,
so that persons serving abroad or afloat under the Associa-
tion in connection with the war are entitled to be registered for
any constituency for which they would have had the necessary
qualification but for their service. The name and address of this
Association should accordingly bo regarded as added to the list
of bodies under paragraph 2 (c) on pages 5 and 6 (x] of the
Memorandum as to Naval or Military Voters (II. P. 7).
I am, Sir,
Your obedient Servant,
H. C. MONRO,
Secretary.
To the Registration Officer.
(if) See p. 635, infra.
(x) See pp. 608, 609, *M/vr.
V.
40
626 APPENDIX I.
No. 11.
CRDE1I IN' COUNCIL, DATED
MARCH 22ND, 1918.
[N.B. For alterations to this Order, see Order in Council of
June 4th, 1918, rules 6 and 10, p. 749, infra.']
WHEREAS under the Representation of the People Act, 1872,
(hereinafter referred to as " the Act "), various matters are to
be prescribed by His Majesty by Order in Council:
And whereas in particular provision is made by the Act as
follows:
" Notwithstanding anything in this Act, the first register
to be prepared under this Act shall come into force on, and
remain in force until, such date as His Majesty may fix
by Order in Council, and His Majesty may by any such
Order alter, in connection with the first register, any regis-
tration dates, including the dates governing the qualify-
ing period, and direct that this Act shall have effect as so
altered" (s. 46 (2)) (a):
" His Majesty may by Order in Council prescribe the
forms to be used for registration purposes and any fees to
be taken in connection therewith, and alter the rules con-
tained in the First Schedule to this Act for the purpose
of carrying this Act into full effect " * * * (s. 13 (2)) (6):
" The statement of any person, made in the prescribed
form and verified in the prescribed manner, that he would
have had the necessary qualification in any constituency
but for the service which brings him within the provisions
of this section, shall for all purposes of this section be suffi-
cient if there is no evidence to the contrary " (s. 5 (2)) (c).
And whereas by two Orders in Council dated the 4th day of
March, 1918 (d] (hereinafter referred to respectively as the
"dates order" and the "forms order"), provision was made
with respect to the dates applicable to the first register to be
prepared under the Act, and the forms to be used for registra-
tion purposes respectively:
And whereas the forms order does not apply to Scotland and
Ireland and it is necessary to prescribe forms for use in Scotland
and Ireland respectively:
And whereas it is expedient, in order to avoid any question
which may arise, to comply as respects England and Wales and as
respects Ireland with the provisions of the Rules Publication
Act, 1893, both as to the matters for which provision has been
already made by the dates order and the forms order, and as to
the forms to be prescribed for Ireland under this order, and it
is necessary on account of urgency that any order providing for
Ihe matters dealt with by this order should come into operation
forthwith:
Now, THEREFORE, His Majesty is pleased, by and with the
(a) See p. 336, supra. (b) See pp. 133, 134, supra.
(e) See p. 77, supra.
(d] See pp. 613, 614 and 655578 respectively.
ORDER IN COUNCIL.
advice of His Privy Council, to order, and it is hereby ordered,
as follows:
1. The dates affecting the first register to be prepared under
the Act, including the registration dates and the dates govern-
ing the qualifying period, shall, instead of the dates specified in
the Act, be the dates specified in the third column of the Sche-
dule (e) to the dates order, and in addition the date mentioned
in Rule 17 of the First Schedule to the Act shall for the
purposes of that register (instead of the 18th day of February
[August]) be the 5th day of July(e).
2. The forms specified in the Schedule (g] to the forms order
or forms to the like effect shall be used in the cases to which
they are expressed to be applicable and shall for the purposes of
the Act be deemed to be the prescribed forms for England and
Wales.
3. The forms specified in the Schedule to the forms order under
Heading V. (h) (Forms of statement to be made under sec-
tion 5 (2) of the Act), and HeacLing VII. (*) (Forms of notice
eal)
of appeal) or forms to the like effect shall be used in the cases
to which they are expressed in that Schedule to be applicable and
shall for the purposes of the Act be deemed to be the prescribed
forms not only for England and Wales but for the United
Kingdom.
4. In particular- the forms of statement under Heading V. (h),
in the Schedule to the forms order or forms to the like effect
shall for the whole United Kingdom be deemed to be the pre-
scribed forms of statement that a person would have had the
necessary qualification but for the service which brings him
within the provisions of section 5 of the Act, and shall be veri-
fied by being countersigned by an officer or other person in the
manner shown in the forms.
5. The forms specified in Part I. of the Schedule to this order
or forms to the like effect shall be used in the cases to which they
are expressed to be applicable and shall for the purposes of the
Act be deemed to be the prescribed forms for Scotland.
6. The forms specified in Part II. of the Schedule to this order
or forms to the like effect shall be used in the cases to which they
are expressed to be applicable and shall for the purposes of the
Act be deemed to be the prescribed forms for Ireland.
7. This order shall take effect from the date hereof, and, except
as respects Scotland, shall take effect provisionally in accordance
with tho provisions of section. 2 of the Rules Publication Act, 1893.
ALMEBIC FrrzRoY.
SCHEDULE.
[Forms for fr'otJnnd and It'eli.
. See pp. 345, 346, <;
t>;JO APPENDIX 1.
DELIVERY OF CARDS.
The Registration Officer should now be receiving the postcards
containing the statements of naval or military voters. In order
to facilitate the return to the proper Registration Officer of the
completed cards which are to be distributed to the different classes
of naval or military voters by the Admiralty, Army Council, Air
Council, Board of Trade, Board of Agriculture and [Fisheries and
the various Organisations whose work comes within section 5 of
the Act, lists of place names indicating the parliamentary areas in
which places are situate have been supplied to the Government
Departments and the Organisations so that the officers verifying
the statements of the voters might be able to insert in the address
the name of the parliamentary county or borough. In general
therefore the cards will bear the proper address and will be
received [by the 'Registration Officer in the ordinary course of post.
In some cases, however, loss of time may be occasioned through
a card bearing only the name of the county or. the name of a town
other than that in which the office of the Registration Officer is
situated. The Postmaster-General has issued instructions which
it is hoped will secure as far as practicable that such cards are
delivered at the office of the Registration Officer of the parlia-
mentary borough or parliamentary county to which the qualify-
ing address relates. A certain number of cards may nevertheless
reach a Registration Officer which do not relate to qualifying
addresses within his registration area, e.g., a card may relate
to an address in an adjacent parliamentary county or to a par-
liamentary borough in the county. It is desirable therefore that
immediately on the receipt of a card the Registration Officer
should cause the qualifying address to be verified so as to ensure-
that the address is in his area. If on examination he finds that
the qualifying address relates to another registration area in
England or Wales, it is requested that he will at once forward
the card to the Registration Officer of that area if he is able to
identify the area. If the information is insufficient for this
purpose, the card should at once be sent to the Superintendent
on Duty, Inland Section, Mount Pleasant, London, E.G. 1. If
the qualifying address on the card shows that it relates to a
constituency in Scotland, it should be forwarded to the General
Register Office, Edinburgh, or if to a constituency in Ireland to
the Superintendent on Duty, Sorting Office. Dublin.
There may be special difficulty in regard to the cards relating
to qualifying addresses in the case of the geographical counties of
Yorkshire, Sussex, Lincolnshire and Suffolk which comprise two
or more parliamentary counties. If the cards have been addressed
to the Registration Officer, Yorkshire, Sussex, etc., the Post Office
will be in doubt to which Registration Officer the cards should be
sent. Arrangements have therefore been made for all cards thus
addressed to be forwarded by the Post Office to one Registration
Officer in each of these geographical counties who will distribute
to the other Registration Officers in that county the cards relating
DIRECTIONS TO REGLSTRAT1ON OFFICERS. 631
to their registration areas. The Registration Officer \vlio has
undertaken the distribution in each of the counties is:
1. Yorkshire ... Registration Officer for the County of
Yorks (West Biding), Wakefield.
2. Lincolnshire ... Registration Officer for the County of
the Parts of Lindsey, Lincoln.
3. Sussex Registration Officer for the County of
East Sussex, County Hall, Lewes.
4. Suffolk ... ... Registration Officer for the County of
East Suffolk, Ipswich.
The Registration Officer of any other parliamentary county or
borough who receives a card relating to any one of the four
counties mentioned and is unable .to identify the particular parlia-
mentary county to which it relates might adopt the same course.
Appended to this Circular is a list of the parliamentary counties
comprising more than one administrative county and of the
parliamentary boroughs containing more than one municipal
borough or urban district, indicating the Registration Officer for
each such parliamentary county or borough.
The difficulty of securing the registration of naval or military
voters is very greatly increased owing to the present war con-
ditions, and much additional labour may be thrown on Regis-
tration Officers. Mr. Hayes Fisher feels sure, however, that
every Registration Officer will by reciprocal action as above
suggested do what is possible to ensure that every card reaches
its proper destination.
TITLE PAGE FOR ELECTORS LISTS.
Some inquiries have been made as to the form of a title page
for the electors lists for each Registration Unit.
It has not been thought necessary to prescribe a form for the
purpose, and the Registration Officer will determine the precise
particulars which the page should include. The Board consider,
however, that in view of the need for economy there should be
onlv one title page for the unit which will be prefixed to Division
One of the electors lists. The Registration Officer will direct
what references to areas in addition to the constituency, polling
district (with its distinctive letter) and registration unit shall be
given on the title page. The particulars indicating the contents
of each of the three divisions of the electors lists and the
abbreviations used in the fourth column relating to the nature of
the qualifications which are prescribed with the Form of Register
by Order in Council should also appear on the front or on the
back of the title page. The description of the marks against tho
names of electors should not appear on the title page for the
electors lists, as marks will be placed, where necessary, by tho
Registration Officer in the course of making up the register and
the description can then be inserted. The Board do not think
that it is necessary to include in the headings of any of the sheets
in Division One or Divisions Two and Three any more com-
APPENDIX I.
prehensive particulars than arc indicated in the register sheets
supplied by the Stationery Office for the purpose of entering up
the electors lists.
ABSENT VOTERS LIST. PUBLICATION OF DOCUMENTS, &c.
The Board desire to add that the Absent Voters List will not
bo published with the electors lists but is to be prepared by the
Registration Officer subsequently to the publication of the electors
lists. The separate list of naval or military voters suggested in
the Circular of 10th April (/) is intended to facilitate the prepara-
tion of the Absent Voters List and more particularly to secure
that particulars as to the ship, regiment, number, etc., of the
naval or military voters should be obtained so as to be entered
in the record of the addresses of absent voters.
A further circular will shortly be addressed to the Registration
Officer as to the form of the Absent Voters List and as to the
period for keeping documents published. The Board will also
furnish for the use of Registration Officers a model form of notice
as to the manner of and time for making claims and objections
which under Rule 6 (gr) in Schedule I. of the Act is to bo
published at the same time as the electors lists.
I am, Sir,
Your obedient Servant,
H. C. MONRO,
Secretary.
To the Registration Officer.
PARLIAMENTARY COUNTIES CONTAINING MORE THAN ONE COUNTY.
Parliamentary Counties contained in
County. Parliamentary County.
Cornwall .
Parts of Kesteven
Registration
Officer.
Cornwall, Isles of Scilly.. j Clerk of the County
Council of Coruwall.
Lincoln (Parts of Kent-
(Lincolnshire) and even), Rutland.
Rutland.
Northampton, with [ Northampton, Scke of
the Soke of Peter- i Peterborough.
hi ) rough.
Brecon and Raduor. . j Brecon, Radnor
Clerk of the County
Council of Parts of
Kesteven .
Clerk of the County
Council of North-
ampton.
Clerk of the County
Council of Brecon.
(/) See pp. 023, 624, *pra.
Iff} See p. 341, .supra.
DIRECTIONS TO REGISTRATION OFFICERS.
633
PARLIAMENTARY BOROUGHS CONTAINING MORE THAN ONE BOROUGH
OR URBAN DISTRICT.
Pa vl ia men ta r y
Borough.
Boroughs or Urban District*
contained in
Parliamentary Borough.
Registration
Officer.
Accrington
Accrington Church Clay-
Town Clerk
Asliton-under-LyiKj. .
Barnsley
Batley and Morley . .
Blackpool ,
ton-le-Moors, Owald-
twistle, Rishton.
Ash ton- under- Lyne,
Hurst.
Barnsley, Ardsley, Dar-
ton, Monk Bretton.
Batley, Morley, Osnett . .
Blackpool Binpham with
Accrington.
Town Clerk, Ashton-
uuder-Lyiie.
Town Clerk,
Barnsley.
Town Clerk, Batley.
Town Clerk,
Brighton
Norbreck, Lytham and
St. Anne's-on-the Sea.
Brighton, Hove
Blackpool.
Town Cierk,
Broinley
Bromlev, Beckenhain,
Brighton.
Town Clerk,
Bury
Peuge.
Bury, Tottington
Bromley.
Town Clerk, Bury.
'Cheltenham
Cheltenham Charlton
Town Clerk,
Eccles
Kings.
Eccles, Swinton and Peii-
Cheltenham.
Town Clerk, Eccles.
'Grirosby
dlebury.
Grimsbv Clee^horpes . .
Town Clerk,
The Hartlepools
Hythe
Wet Hartlepool,
Hartlepool.
Hythe, Folkestone,
G-rimsby.
Town Clerk,
West Hartlepool.
Town Clerk,
Kingston- upon -
Thames.
Leigh
Cheriton, Sandgate.
Kingston - upon - Thames,
Surbilon, Maidens and
Combe.
Leigh, Atherton, Tyldes-
Folkestone.
Town Clerk,
Kingston -upon-
Thanies.
Town Clerk, Leigh,
Lincoln
ley-with-Shakerley.
Lincoln, Bracebridge ....
Lanes.
Town Clerk, Lincoln.
Morpeth
Morpeth, Ashington, Bed-
Town Clerk,
Neluon and Colne . .
^Newcastle- under -
Lyme.
Preston
lingtonshii-e, Blyth and
some email adjacent
areas.
Colne, Neleou, Barrow-
ford, Brierfield, Traw-
den and some small adja-
cent areas.
Newcastle - under - Lyme,
Audley, Wolstanton
United.
Morpeth.
Town Clerk, Nelson.
Town Clerk, New-
castle-under-Lyme.
Town Clerk, Preston.
Richmond
Richmond, Barries, Ham
Town Clerk, Rich-
Chatham, Grillingham,
mond, Surrey.
Town Clerk,
Rochester.
Chatham.
634
APPENDIX I.
Parliamentary
Borough.
Boroughsor Urban Districts
contained in
Parliamentary Borough.
Registration
Officer.
Rossendulf . . .
Bacup, Hasliugden, Rn,\v-
Town Clerk
Rotherham
tenstall.
Rotherham, Grreasbrough,
Rawtenstall.
Town Clerk,
Southampton . ...
Rawmarsh
Southampton. Itchen,
Rotherham.
Town Clerk,
8tocktou-on-Tees. . . .
Sunderland . .
Bitterne (parish of).
Stockton-on-Tees,
Thornaby - on- Tees.
Sunderland, South wick-
Southampton.
Town Clerk,
Stockton- on -Tees^
Town Clerk,
Wall send
on -Wear.
Wallsend, Gosforth
Sunderland.
Town Clerk
Wednesbury
Longbenton, Weetslade,
A\^ednesbury Darlaston,
Wallsend.
Town Cleik
Wimbledon
Tipton.
TV^imbledou JVIertoii,
Wednesbury.
Town Clerk,
Wolverhamptou ....
Cardiff
Morden.
Wolverhampton, Bilston,
Coseley, Heath Town
(or Wednesfield Heath),
Sedglev, Short Heath,
Wednesfield, Willenhall.
Cardiff, Penarth
Wimbledon.
Town Clerk,
Wol verhampton...
Town Clerk Cardiff.
Carnarvon District of
Boroughs.
Merthyr Tydfil ....
Bangor, Carnarvon, Con-
way, Pwllheli, Criccieth,
Llandudno, Llanfair-
fechan, Penmaenniawr,
Nevin (parish of).
Merthyr Tydfil, Aberdare,
Mountain Ash.
Town Clerk,
Carnarvon..
Town Clerk,
Merthyr Tydfil.
WORK RECOGNISED AS OF NATIONAL IMPORTANCE.
No. 14.
WOEK RECOGNISED BY THE ADMIRALTY,
ARMY COUNCIL, AND AIR COUNCIL, AS
WORK OF NATIONAL IMPORTANCE IN
CONNECTION WITH THE WAR IN PUR-
SUANCE OF SECT. 5 (8) (n) (c) (h).
ADMIRALTY.
Navy and Army Canteen Board.
Wesdeyan Army and Navy Board.
Young Men's Christian Association.
The Salvation Army.
Young Women's Christian Association.
ARMY COUNCIL.
Young Men's Christian Association.
Salvation Army.
Church Army.
Scottish Churches Huts.
Catholic Women's League.
Catholic Club Huts.
United Navy and Army Board.
Soldiers' Christian Association.
The Colonial and Continental Church Society.
Navy and Army Canteen Board.
Wesley an Army and Navy Board.
Young Women's Christian Association.
AIR COUNCIL.
All the bodies recognised by the Army Council.
(A) See pp. 78. 80, .//>//.
636 APPENDIX II.
APPENDIX II.
COUNTY COURT RULES AND RULES OF
SUPREME COURT AS TO APPEALS TO
COURT or APPEAL FROM COUNTY
COURTS.
CONTENTS.
PAGE
1. County Court Rules, Explanatory Memorandum 636
2. County Court Rules 638
3. County Court Rules, 1918 (No. 2) 662
4. Rules of Supreme Court as to Appeals (Registration
Appeals Rule, 1918) 669
No. 1.
COUNTY COURT RULES, DATED ISTH JUNE,
1918, AS TO APPEALS FROM REGISTRA-
TION OFFICERS UNDER THE REPRE-
SENTATION OF THE PEOPLE ACT, 1918
(7 & 8 G-EO. 5, c. (54), SECT. 14 (Ii).
EXPLANATORY MEMORANDUM.
These Rules have been framed under section 14, sub-s. 1 of
the Representation of the People Act, 1918.
Rule 2 defines the court to which an appeal shall lie, as
provided by s. 14, sub-s. 1.
Rule 3 provides who shall be respondents to an appeal. See
Act, s. 14, sub-s. 1, and Sched. 1, Rule 29.
Rules 4 and 5 provide for the information to be furnished by
the registration officer to the court. See Act, Sched. 1, Rules 29
and 30.
Rule 6 requires the appellant to send notice to the court re-
questing the appeal to be entered for hearing, and to pay the
prescribed fee.
(A) See pp. 134137, supra.
COUNTY COURT RULES. 637
Rule 7 provides for cases where appeals are sent to the wrong
court.
Rule 8 provides for the numbering of appeals, and for a record
to be kept of such appeals.
Eule 9 provides for the fixing of a time and place for the
hearing of an appeal, and for the length of notice to the parties.
Paragraph 3 applies to appeals in the present year. The work
of the registration officers in framing the first register must
necessarily be heavy, and it is uncertain when notices of appeal
will reach the county courts; and it will be difficult for the
judges to fix courts for the hearing of appeals without delay,
unless special arrangements are made. Paragraph 3 therefore
fixes for this year a period within which the appeals may be set
down for hearing, so as to fit in with any arrangements which
may be made altering the normal time for the closing of the
courts during the vacation, and to provide for appeals being
heard and decided in time for the register to be altered in
accordance with the results before it is published.
Paragraph 4 gives power to fix the hearing of appeals at
courts other than those to which the appeals lie.
Rule 10 provides for notice of hearing.
Rule 11 provides for evidence on an appeal. In most cases the
statement of the registration officer may be expected to be suffi-
cient ; but as an appeal lies on question of fact, the rule provides
that the parties may, by leave of the judge, give further evidence.
Rule 12 provides for the appearance of parties. With regard
to par. (1) (d), the parties may under the Act, Sched. 1,,
Rule 39, appear by any person, which includes registration
agents: and it is thought that where parties are not repre-
sented by solicitors or counsel, it would facilitate the hearing
of appeals if such agents were allowed to appear, and par. (1) (d)
has been framed accordingly.
Rules 13, 14 and 15 define the powers of the court on the
hearing of appeals.
Rule 16 requires the judge to take a note of any question of
law raised, and to furnish copies.
Rule 17 provides for costs: Paragraph 3 is taken from sect. 70
of the Registration Act of 1843.
Rule 20 provides for the consolidation of appeals in cases
decided on the same points of law, or rather for the selection of
one case for hearing as a test case, as contemplated by the Act,
Sched. 1, Rule 30.
Rule 21 provides for service of notices, etc., and proof of
service.
Rule 22 provides for fees.
Rule 23 provides that a person desiring to appeal from the
county court to the Court of Appeal shall give notice to the
county court of his intention to appeal, so as to enable the judge
to consolidate appeals.
638 APPENDIX II.
Rule 24 provides for the consolidation of appeals. The Rules
of the Supreme Court giye power to the judge of the county
eourt to order such consolidation. The rule is based on sect. 44
of the Registration Act of 1843.
Rule 25 provides for cases in which a deputy or acting registra-
tion officer deals with the register, and notice of appeal from
his decision is given.
Rule 20 provides for cases in which an assistant judge ap-
pointed under sect. 14 of the Act hears appeals.
Rule 27 provides forms for use on appeals.
Rule 28 provides for cases of non-compliance with the Rules
or departure from the prescribed forms.
Rule 29 provides for the computation of time, and is based on
the Act, Sched. 1, Rule 42, and the County Court Rules,
Order LIV., Rules 17-19.
No. 2.
COUNTY COUET EULES, DATED 18-TH JUNE,
1918, AS TO APPEALS FEOM EEGISTEA-
TION OFFICEES UNDEE THE EEPEE-
SENTATION OF THE PEOPLE ACT, 1918
(7 & 8 GEO. 5, c. 64), SECT. 14 (b).
1. Procedure on appeals under 7 & 8 Geo. 5, c. 64, s. 14.-
The procedure on appeals to the county court from the decisions
of registration officers under section fourteen of the Repre-
sentation of the People Act, 1918 (in these Rules referred to
as "the Act"), shall be governed by the following rules.
2. Court to which appeal shall lie.- (1) The court (c) to which
an appeal shall lie shall be the court 'in the district of which the
qualifying premises (as denned by this Rule) are situate, subject
to paragraph 2 of Rule 7, and to the power of the judge to fix
the place for the hearing of the appeal pursuant to Rule 9.
(2) For the purposes of this Rule the expression " the qualify-
ing premises " means the premises in respect of which the person
whose right to be registered is in any way in question on the
appeal is entered on the electors list or claims to be entitled
to be registered; or where such person is so entered or claims
to be entitled to be registered in respect of residence in or
occupation of premises in succession, the premises last resided
in or occupied during the qualifying period as defined by section
six of the Act.
(b) See pp. 134137, tupra.
(c) See sect. 14 (1), p. 134, supra.
COUNTY COURT RULES. 639
3. Respondent* to appeal. Where notice of appeal is given
pursuant to Eule 29 (c) in the first Schedule to the Act, the party
(if any) in whose favour the decision of the registration officer
is given shall be the respondent; and the registration officer (c?)
shall also be named as a respondent.
4. Notice of appeal and other documents to be sent by regis-
tration officer to registrar. (1) On a notice of appeal being
given to the registration officer pursuant to Eule 29 (c) in the
first Schedule to the Act, he shall within seven days after the
receipt of the notice forward the same by post to the registrar
of the court to which the appeal lies, together in each case with
(a) a copy of any claim or notice of objection sent to him
in the matter;
(b) a statement of the material facts which in his opinion
have been established in the case; and
(o) a statement of his decision upon the whole case and upon
any special point which may be specified in the notice
of appeal as a ground of appeal.
(2) The registration officer shall also on request furnish to the
court any further information which the court may require, and
which he is able to furnish.
5. Where a number of appeals are based on similar grounds
(Form 1). Where it appears to the registration officer that any
notices of appeal given to him are based on similar grounds, he
shall forward to the registrar a declaration to that effect, for
the purpose of enabling the court, if it thinks fit, to consolidate
the appeals, or to select one of such cases for hearing in the
first instance as a test case (e).
6. Request by appellant for entry of appeal for hearing.
A person desiring to appeal against the decision of a registration
officer shall in addition to giving notice of appeal pursuant to
Eule 29 in the first Schedule to me Act forward to the registrar
of the court to which the appeal lies, within the time fixed by
that rule, a copy of the notice of appeal, accompanied by a request
to the court, according to the form in the Appendix, to enter the
appeal (Form 2) for hearing and to fix a time and place for the
hearing thereof, and shall state in such request an address to
which notices and other documents are to be sent, and shall with
such copy and request forward to the registrar the fee prescribed
by these Eules.
7. Where notice of appeal or request forwarded to wrong
?-ourt. (1) If any notice of appeal or request for the entry of
an appeal is forwarded to a court other than the court to which
it should have been forwarded, the registrar shall within two
days after the receipt thereof forward the same and any docu-
ments and the fee relating to the matter to the registrar of the
proper court, who shall proceed thereon as if such notice or
(c) See p. 350, supra.
(d) See sect. 14 (5), p. 136, tupra.
(e) See First Schedule, rule 30, p. 350, supra.
640 APPENDIX II.
request had been forwarded to him in the first instance; and
the time within which the hearing is to be fixed shall be calcu-
lated from the date on which such request is received by him.
(2) If after an appeal has been entered for hearing and notice
of the hearing has been given it appears that the notice of appeal
and request for entry should have been forwarded to some other
court, the judge may either
(a) transfer the appeal to such other court, in which case it
shall be dealt with as if the notice and request had
been sent in the first instance to that court ; or
(b) retain the appeal and deal with the same in the court
in which it is entered, in which case the proceedings
on the appeal shall be as valid as if it had been properly
sent to that court.
8. Notices of appeal to be numbered consecutively, Notices
of appeal with requests for the entry of the appeals for hearing
received and retained by the registrar shall be numbered by him
consecutively, and shall be entered in a register to be kept by
the registrar according to the form in the Appendix (Form 13);
and all subsequent notices and documents relating to any such
appeal shall bear the same number.
9. Fixing time and place for hearing appeal. (1) On receipt
of a request for the entry of an appeal for hearing the registrar
shall enter the same accordingly, and shall communicate with
the judge, who shall, as soon as conveniently may be, fix a time
and place for the hearing of the appeal.
(2) The time to be fixed shall be within twenty-one days
from the day on which the request is received by the registrar,
and shall be so fixed as to allow notice of the hearing to be
given to the parties and the registration officer five clear days
at least before the day so fixed.
(3) Provided that in the year nineteen hundred and eighteen
the time for the hearing of any appeal may be fixed for any day
between the second and the twenty-first days of September, both
inclusive, although the day so fixed may be more than twenty-one
days from the day on which the request >f or the entry of the appeal
is received by the registrar.
The place of hearing shall be the place at which the court
Provided that if the judge is satisfied that any appeal can
be more conveniently heard at some other court of which he is
the judge, or at some other place within or without the district
of the court which is available for the purpose, he may order the
hearing to take place at such other court or place.
(5) Two courts for the hearing of appeals may be held on one
day before the same judge.
10. Notice of hearing to parties and registration officer.
On the time and place for the hearing being fixed, the registrar
shall give notice thereof to the appellant and to the respondent
(if any), and to the registration officer, according to the form
in the Appendix. Provided that where the same person is appel-
lant or respondent in a number of appeals fixed to be heard
. (4) T
is held:
COUNTY COURT RULES. 641
on the same day it shall be sufficient to send one notice only to
such person (Forms 3, 4, 5), with a schedule appended thereto
of the appeals to which the notice relates: Provided also, that it
shall be sufficient to send one notice only to the registration officer
of a number of appeals fixed to be heard on the same day, with
a schedule appended thereto of the appeals to which the notice
relates.
11. Furnishing copies of documents sent by registration officer.
(1) The registrar shall, on the application and at the cost of
any party to an appeal, furnish him with a copy of any docu-
ment, statement, or information forwarded by the registration
officer to the registrar.
(2) Documents to be received and used at hearing. Further
evidence. The documents, statement, and information so for-
warded shall be received and used on the hearing of the appeal,
and shall be primd facie evidence of the facts stated therein;
but any party to the appeal may, by leave of the judge, give such
further evidence as he may be advised.
(3) Oral evidence. Where further evidence is tendered, oral
evidence only shall be admitted, unless by consent or otherwise
ordered.
(4) Admission of certain material as prima facie evidence.
The judge may order that any material, whether strictly ad-
missible in evidence or not, which in his opinion ought to be
admitted as 'prima -facie evidence of any fact, shall be primd
facie evidence of that fact, so as to throw the burden of proof
on to the other party.
(5) Sending back statement for restatement. If in the opinion
of the judge the statement forwarded by the registration officer,
and the other material before the court, are not sufficient to
enable him to give judgment in law, he may remit the statement
to the registration officer for restatement or further statement.
12. Appearance of parties. (1) Any party to an appeal may
appear or act on the appeal
in person;
by any solicitor who would be entitled to appear for such
party in an action in the county court;
(c) by counsel; or
(d) by any other person nominated by such party in writing
signed by him to appear or act on his behalf and ap-
proved by the judge;
but not otherwise.
Provided that the judge may allow any party to appear or act
by a person not nominated in writing as required by paragraph
(d), if he is satisfied that such person is in fact authorised to
appear or act for such party, and that the failure to obtain a
nomination in writing is due to mistake or other reasonable cause.
F. 41
(a) ii
(b)b
642 APPENDIX II.
(2) No person (other than a solicitor) who appears or acts on
behalf of any party to an appeal shall be entitled to have or re-
cover any fee, reward or sum for so appearing or acting, other
than such travelling expenses (if any) as may be allowed by the
court: Provided that nothing in these rules contained shall affect
the right of a solicitor to recover costs (subject to the limita-
tion imposed by these rules) in respect of his employment of
counsel.
13. Amendment of notice of appeal, &c. The judge may at
any stage of the proceedings allow the amendment of the notice
of appeal, or make any other order on such terms as he may
think just, to ensure the determination on the merits of the real
question in controversy between the parties.
14. Power to draw inferences of fact. The judge shall have
power to draw all inferences of fact which might have been
drawn by the registration officer, and to give any decision and
make any order which ought to have been given or made by the
registration officer, regard being had in particular to Eule 22 (df)
in the first Schedule to the Act.
15. General powers. Subject to the special provisions of these
rules, the court shall in relation to any appeal have all the powers
attaching to the exercise of its ordinary jurisdiction, and the
rules governing the practice of the court shall with the necessary
modifications apply accordingly.
16. Note to le taken of question of law raised, etc., and copy
furnished. At the hearing of an appeal the judge shall make a
note of any question of law raised, and of the facts in evidence
in relation thereto, and of his decision thereon, and of his de-
cision on the (hearing of the appeal : and ire, where notice of appeal
to the Court of Appeal has been given, shall, at the expense
of any party to such appeal, furnish a copy of the note so taken
to such party, and shall sign such copy, whether notice of appeal
to the Court of Appeal has been given or not.
17. Costs. (1) The costs of and incidental to an appeal .shall
be in the discretion of the judge.
(2) The judge may either fix the amount of such costs, or allow
them on such scale as he may direct, and in default of any such
direction they shall be taxed under Column A. of the higher scale
of costs in use in the County Courts : and an order directing pay-
ment of any such costs shall be enforceable in the same manner
as an order to the like effect made in an action.
(3) A respondent to an appeal, other than the registration
officer, shall not be liable or entitled to costs, unless he appears
before the court in support of the decision of the registration
officer.
18. Order on appeal. When the judge has given judgment
on an appeal the registrar shall as soon as conveniently may be
draw up. seal and file an order (Form 6) in accordance with the
(rf) See p. 347, supra.
COUNTY COURT RULES. 643
decision, specifying exactly every alteration or correction to be
made in the electors lists or register pursuant to the order;
and sealed copies of the order shall be sent to the registration
officer and to each party to the appeal.
19. Where hearing to take place at another court. Where
the hearing of an appeal is fixed to take place at another court,
the registrar of the court to which notice of appeal is sent shall
forthwith send notice to the registrar of such other court that
the hearing has been ordered to take place there; and he shall
in sufficient time before the hearing transmit the papers to the
registrar of the court at which the hearing is to take place, who
shall act at the hearing for the first-mentioned registrar, and
shall after the hearing return the papers to him with a minute of
the order made: and the order shall be drawn up, filed, sealed
and proceeded on in the court to which the notice of appeal was
originally sent in like manner as if the hearing had taken place
there.
20. Consolidation of appeals to county court, or selection of
one appeal for hearing as test case (Form 7). (1) Where it
appears to the judge, from any declaration to that effect for-
warded by the registration officer to the registrar, or otherwise,
that any number of cases decided by the registration officer in
which notices of appeal have been given to him and forwarded
by him to the registrar, and requests for the entry of the appeals
for hearing have been forwarded to the registrar, depend and
have been decided by the registration officer on the same point
or points of law, the judge may declare that such appeals ought
to be consolidated, or that one appeal should be selected for hear-
ing in the first instance as a test case; and thereupon the
following provisions shall apply (e).
(2) A time and place shall be fixed for the hearing of such
appeals in accordance with Eule 9, but one only of such appeals
shall be selected by the judge for hearing in the first instance as a
test case; arid the registrar shall as soon as may be send to the
parties to the selected appeal and all the other appeals, and to the
registration officer, a notice according to the form in the Appen-
dix (Form 8), informing such parties and the registration officer
that it appears to the judge that the cases specified in the
schedule appended to the notice depend and have been decided
by the registration officer on the same point or points of law,
and that the judge has directed that the selected appeal shall
be heard in the first instance as a test case. The provisoes to
.Rule 10 shall apply to notices sent under this Rule.
(3) The notice shall further request the parties to the other
appeals to give notice (Form 9) to the registrar and to the
opposite parties and the registration officer, within three days
from the date of the notice sent by the registrar, either that they
consent to be bound by the decision on the selected appeal
(f) See First Schedule, rule 30, p. 350, supra.
41 (2)
614 APPENDIX II.
(without prejudice to their right to appeal to the Court of
Appeal), or that ihe\ require the appeals to which they are
parties to be heard.
(4) Where the same person is appellant or respondent in a
number of such appeals, it shall be sufficient for him to send
separate notices (Form 10) to the respondents or appellants
(other than the registration officer) in such appeals, and one
notice only to the registrar and to the registration officer, with
a schedule appended thereto of the appeals to which the notice
relates.
(5) In the case of any appeal in which no notice requiring such
appeal to be heard is sent, the parties shall be deemed to consent
to be bound by the decision on the selected appeal (without pre-
judice to their right to appeal to the Oourt of Appeal) ; and in any
such case, after the selected appeal has been disposed of, an order
similar to that made on the selected appeal shall be made without
further hearing, but no costs shall be allowed to either side, other
than the court fees and the costs of and incidental to the notice
of appeal and the request for the entry of the appeal for hear-
ing, and the notice sent by the registrar and any notice sent
in reply thereto, and the costs of and incidental to the order.
(6) The parties who consent or under this rule are to be deemed
to consent to be bound by the decision on the selected appeal,
and who are in the same interest as the unsuccessful party to-
such appeal, shall be liable for the costs of the selected appeal
in the same manner and to the same extent as the unsuccessful
party to such appeal, and an order directing them to pay such
costs may be made and enforced accordingly.
(7) In the case of any appeal in which notice requiring the
appeal to be heard is sent, such appeal shall be heard after the
selected appeal is disposed of; but a party requiring any such
appeal to be heard shall be liable to pay costs to the opposite
party, and shall not be entitled to receive any costs of or in
such appeal, other than the court fees and the costs of and
incidental to the notice of appeal and the request for the entry of
the appeal for hearing, and the notice sent by the registrar and
any notice sent in reply thereto, and the costs of and incidental to
the order, unless the judge shall otherwise order.
21. Service of notices and documents. (1) Any notice or other
document required or authorised by these Eules to be sent to
the registration officer may be sent to him by post addressed to
him at his office. Any notice or other document required or
authorised by these Rules to be sent to any other person shall
be sufficiently sent if sent by post to the address of such person
as given by him for the purpose or appearing on the documents
forwarded to the Oourt, or, if there is no such address, to his
last known place of abode. Provided that where any such
person acts by a solicitor or by a person nominated in writing
pursuant to Rule 12, paragraph 1, sub-paragraph (d), any such
COUNTY COURT RULES. 64o
notice or document may be sent by post to such solicitor or
person at the address for service given by him.
(2) Proof of service. Any such notice or document shall,,
unless the contrary be proved, be deemed to have been served
at the time when the same would have been delivered in the
ordinary course of post, and in proving the service thereof it
shall be sufficient to prove that the same .was properly addressed
and posted.
22. Fees. An inclusive fee of 10s. shall be payable under
Part I. of Schedule B. of the Treasury Order regulating Fees
in the County Courts on every appeal before the appeal is entered
for hearing.
Such fee shall cover all work done by the registrar
in relation to the appeal, other than the taxation of costs where
such costs are taxed under any column of the higher scale of costs,
for which a fee of 2s. 6d. shall be taken under Part I. of the said
Schedule B., and making copies of documents for the use of
any party to the appeal, for which 4d. per folio shall be allowed.
Where the hearing of an appeal is to take place at another
court, the registrar of the court to which the notice of appeal is
sent shall account to the treasurer of his court for one-fourth part
of the said fee of 10s. as a foreign fee, and the treasurer of the
court at which the hearing is to take place shall allow such one-
fourth part to the registrar of that court.
23. Notice of appeal from county court to Court of Appeal.
A person desiring to appeal to the Court of Appeal against the
decision of the county court on any appeal shall give notice
of his intention to appeal to the registrar and to the registration
officer and to the opposite party, if any, according to the form
in the Appendix (Form 11), when the decision is given, or
within five days thereafter, specifying the grounds of appeal.
24. Consolidation of o/f^peals from county court to Court of
Appeal. (1) Where it appears to the judge that the validity of
any number of decisions given by the county court on appeals
from the decisions of the registration officer depends upon the
same point or points of law, and the parties to such appeals or (any
of them have given notice to the registrar of their intention
to appeal to the Court of Appeal, the judge may, whether the
appeals to the county court have or have not been consolidated,
declare that the appeals to the Court of Appeal ought to be
consolidated; and thereupon the following provisions shall apply.
(2) In any such case the judge, after making and furnishing
a copy of a note in one of such appeals as provided by Rule 16,
shall make and sign a statement according to the form in the
Appendix (Form 12) that the several persons whose names and
qualifications are set out in a schedule to be appended to the
statement were parties as appellants or respondents to appeals
from decisions of the registration officer given in circumstances
similar to those in the case in which the note is made, and that
similar decisions were given on all the said appeals (the numbers
646 APPENDIX II.
of the several appeals to which the said persons respectively were
parties being set opposite to their respective names in the
schedule), and that due notice of appeals from such decisions was
given, and that he declared that the appeals in all the said cases
ought to be consolidated.
(3) And he may name any person interested and consenting to
be appellant or respondent in the consolidated appeal on behalf
of himself and all other persons interested in like manner in
the appeals who consent to be parties to and to be bound by
the consolidated appeal, and such person shall sign a declaration
that he appeals (Form 12) on behalf of himself and all the other
persons interested as appellants whose names are written under
the declaration, and agrees to prosecute the appeal, or that he
agrees on behalf of himself and all the other persons interested
as respondents whose names are written under the declaration to
appear and answer the appeal; and the names and qualifications
of every party intended to be joined shall be written under the
declaration; and the declaration so signed shall be delivered to
the registrar, and a copy thereof shall be appended to the state-
ment made by the judge; and every party whose name is so
written shall be deemed to consent to be a party to and to be
bound by the consolidated appeal.
25. Where deputy or temporary registration officer ap-
pointed. Where any deputy registration officer approved under
sub-section three, or any person temporarily appointed under sub-
section four of section twelve (/) of the Act performs the duties
and exercises the powers of the registration officer in relation
to the formation of the register, and notice of appeal against
any decision of such deputy or other person is given, the pro-
visions of these Eules as to the registration officer shall as regards
such appeal apply to such deputy or other person as they apply
to the registration officer as regards cases dealt with by him,
and references in these Eules to the registration officer shall as
regards such appeal be construed as referring to such deputy
or other person accordingly.
26. Where assistant judge appointed. Where an assistant
judge appointed pursuant to sub-section six of section fourteen
of the Act is performing any of the duties of the judge under
the Act, references in these Eules to the court or judge shall be
construed as referring to such assistant judge (g).
27. Forms. (1) The forms in the Appendix to these Kules,
with such modifications as may be necessary, shall be used for
notices and orders under these Eules.
(2) The registrar of any court may apply to the Treasury for
any of the said forms to be printed and supplied to him, and if
the application is granted may obtain such forms and supply
such of the same as are to be used by parties to appeals, without
charge, for the use of parties requiring the same.
) See pp. 130, 131, supra.
See sect. 14 (6), pp. 136, 137, supra.
COUNTY COURT RULES. 647
28. Non-compliance with rules- or forms. (1) Non-compliance
with any of these Rules or any departure from the forms in the
Appendix shall not render any proceedings void unless the judge
shall so direct, but such proceedings may be set aside either
wholly or in part as irregular, or may be amended or otherwise
dealt with in such manner and upon such terms as the judge mav
think fit.
*
29. Reckoning of time. In reckoning time for the purposes
of these Kules Sunday, Christmas Day, Good Friday, and any
bank holiday or day set apart as a public holiday or day of
public fast, humiliation or thanksgiving, or any day on which
the offices of the court are closed, shall be excluded, and where
the time for doing any act or taking any proceeding under these!
Rules expires on any such day, such act or proceeding shall,
so far as regards the time of doing or taking the same, be held
to be duly done or taken if done or taken on the next day
not being one of any such days.
30. Short title. These Rules may be cited as the County Court
(Registration Appeals) Rules, 1918.
648 APPENDIX II.
APPENDIX OF FORMS.
No. 1.
Declaration by Registration Officer that it appears to him that
a number of Notices of Appeal are based on similar
grounds.
The Representation of the People Act, 1918.
I hereby declare that it appears to me that the notices of appeal
given to me in the cases mentioned in the Schedule hereto
are based on similar grounds, and I forward to the Court this
declaration accordingly, for the purpose of enabling the Court
(if the Court thinks fit) to consolidate the appeals, or to select
one of such cases for hearing in the first instance as a test case.
The day of , 19 .
Registration Officer.
To the Registrar of the County Court
of held at
Schedule.
No.
Appellant. Respondents.
1
A.B., C.D.,
of (address). of (address}, and
Officer for
And $0 on.
the Registration
Registration Officer.
No. 2.
Request by Appellant for Entry of Appeal.
In the County Court of held at
In the Matter of the Representation of the People Act, 1918,
and '
In the Matter of an Appeal against the decision of the Regis-
tration Officer for
Between
A.B.
of (address) Appellant
and
C.D.
of (address)
and
The Registration Officer for , Respondents.
SIR,
I HEREWITH forward to you copy of the notice of appeal
r given tc
and to the Registration Officer.
in the above-mentioned matter given to the above-named
ippeai
C.D.
>UNTY COURT RULES (FORMS).
649
I request the Court to enter the appeal for hearing, and to fix
a, time and place for the hearing thereof.
I enclose the sum of 10s. for the fee payable on the entry of
ihe appeal for hearing.
Bated this day of , 19 .
A. B. , Appellant.
(add address')
to which address all notices or other documents are to be sent.
To the Registrar of the County Court
of held .at
No. 3.
Notice of Time and Place for Hearing of Appeal.
In the County Court of held at
In the Matter of the Representation of the People Act, 1918,
No. of Appeal,
and
In the Matter of an Appeal against the decision of the Regis-
tration Officer for
A.B.
of (address}
.D.
of (address)
Between
and
and
The Registration Officer for
Appellant
Respondents.
TAKE NOTICE, that the above-mentioned appeal will be heard
at a Court to be held at on the day of
,19 , at the hour of in the noon;
And that if you do not attend either in person or by your
solicitor at the time and place above-mentioned such proceedings
will be taken and order made as the Judge may think just.
Dated this
day of
19
Registrar.
To (the Appellant and the Respondent
(if any) named in the notice of appeal)
and to the Registration Officer for
650
APPENDIX II.
No. 4.
Notice of Time and Place for Hearing to Appellant or Respon-
dent in a number of Appeals fixed to be heard on the same
day.
In the County Court of held at
In the Matter of the Representation of the People Act, 1918,
and
In the Matter of the several Appeals against the decisions of
the Registration Officer for enumerated in the
Schedule hereto.
TAKE NOTICE, that the several appeals enumerated in the
Schedule hereto in which you are the Appellant [or the Respon-
dent] will be heard at a Court to be held at on
the day of , 19 j at the hour of in the
noon;
And that if you do not attend either in person or by your
solicitor at the time and place above-mentioned such proceedings
will be taken and orders made on the said appeals as the Judge
may think just.
Bated this day of , 19 .
Registrar.
To (the Appellant or the Respondent,
naming him'}.
No.
Schedule of Appeals.
Appellants.
Respondents.
Where same
A.B.,
(address).
The same.
And
Or, where tame
G.H.,
(address).
K.L.,
(aitdrest) .
M.N.,
(address) .
Appellant.
C.D.,
(address), and the Registration
Officer.
E.F.,
(address,, and the Registration
Officer.
so on.
Respondent.
I.J.,
(address], and the Registration
Officer.
The same.
The same.
And
Registrar.
COUNTY COURT KULES (FORMS). 651*
No. 5.
Notice to Registration Officer of Time and Place for Hearing
of a Number of Appeals fixed to be Heard on the same
Day.
In the County Court of held at
In the Matter of the Representation of the People Act, 1918,
and
In the Matter of the several Appeals, against the decisions of
the Registration Officer for enumerated in the
Schedule hereto.
TAKE NOTICE, that the several appeals enumerated in the
Schedule hereto will be heard at a Court to be held at
on the day of , 19 , at the hour of
in the noon;
And that if you do not attend either in person or by your
solicitor at the time and place above-mentioned such proceedings
will be taken and orders made on the said appeals as the Judge
may think just.
Dated this day of , 19 .
Registrar.
To the Registration Officer for
Schedule of Appeals.
No.
Appellant.
Respondent.
1
2
(Name and address}.
(Name and address] .
And
(Name and address], and the Regis-
tration Officer.
(Name and address), and the Regis-
tration Officer.
so on.
Registrar.
No. 6.
Order on Appeal.
In the County Court of held at
In the Matter of the Representation of the People Act, 1918,
No. of Appeal,
and
In the Matter of an Appeal against the decision of the Regis-
tration Officer for
Between
A.B.
of (address) Appellant
and
C.D.
of (taddress]
and
The Registration Officer for , Respondents.
Upon hearing for the Appellant and
for the Respondent 0. D. and for the Registration
Officer
APPENDIX II.
It is ordered that the decision of the Registration Officer
refusing to enter the name of the above-named A. B.
on the Register of Parliamentary Electors for the Registration
Area of in the Polling District of in the Con-
stituency of
[or (state the decision appealed against}
be reversed [or varied] and that (state the order made, and
the exact alteration or correction to be made in the electors
list or register pursuant to the order}
?
And it is ordered that the Appellant be allowed against the
Respondent 0. D. , and against the Registration Officer
or against the Registration Officer] his costs of and incidental
to this appeal, which are hereby allowed at the sum of
[or to be taxed by the Registrar under Column A. of the higher
scale of costs in use in the county courts];
And it is ordered that the Respondents or one of them [or
the Registration Officer] do pay the said sum of to
the Registrar for the use of the Appellant on or before the
day of , 19 , [or do pay the amount of the said
costs when taxed to the Registrar for the use of the Appellant
within fourteen days from the date of the Registrar's certificate
of the result of the taxation].
[or It is ordered that the decision of the Registration Officer
(state the decision}
be affirmed;
And it is ordered that the Respondents 0. D. and the
Registration Officer [or the Registration Officer] be allowed
against the Appellant their [or his] costs of and incidental to
this appeal, which are hereby allowed in the case of the Respon-
dent 0. D. at the sum of and in the case of the
Registration Officer at the sum of [or which are hereby
allowed .at the sum of ] [or to be taxed by the Registrar
under Column A. of the higher scale of costs in use in the
county courts];
And it is ordered that the Appellant do pay the said sums of
and to the Registrar for the use of the Respon-
dents respectively [or do pay the said sum of to the
Registrar for the use of the Registration Officer] on or before
the day of ,19 [or do pay the amount [or
amounts] of the said costs when taxed to the Registrar for the
use of the Respondents respectively [or for the use of the Regis-
tration Officer] within fourteen days from the date of the
Registrar's certificate of the result of the taxation].
Dated this day of , 19 .
By the Court,
Registrar.
To (the Appellant and the Respondent,
naming them} and to the Registration
Officer for
COUNTY COURT RULES (FORMS).
No. 7.
Declaration by Judge that Appeals depending on the same Point
or Points of Law ought to be Consolidated.
In the County Court of held at
In the Matter of the Representation of the People Act, 1918,
and
In the Matter of the several Appeals against the decisions of
the Registration Officer for enumerated in the
Schedule hereto.
It appearing to me that the several cases enumerated in the
Schedule hereto depend and have been decided by the Regis-
tration Officer on the same point or points of law,
I declare that such appeals ought to be consolidated.
And I select the Appeal No.
Between
A. B.
of (address] Appellant
and
C.D.
of (address}
and
The Registration Officer for , Respondents,
for hearing in the first instance as a test case.
Bated this day of , 19 .
Judge
[or Assistant Judge] .
Schedule of Appeals.
No. Appellant. Respondents.
| (Name and address] . (Name- the parties: but no order directing
payment shall be inserted in the certificate except in the case
mentioned in paragraph 3 of this Rule.
(2) Fees and costs. The court may determine by whom the
court fees are to be paid, and may order either party to pay such
sum as the court may consider proper by way of costs to the
other party, and the amount allowed in respect thereof shall be
COUNTY COURT RULES (NO. 2). 665
added to or deducted from the amount payable to the returning
officer, and the amount to be included in the certificate shall be
adjusted accordingly.
(3) Order for payment where balance due from returning
officer. If the court orders any sum to be paid by way of fees
and costs to the Treasury, and such sum exceeds the amount cer-
tified to be payable by the Treasury to the returning officer, or if
the amount already advanced by the Treasury to the returning
officer on account of his charges exceeds the amount certified to
be payable to him, the court shall certify the amount of the
excess, and shall order the amount so certified to be paid to the
Treasury, and the order shall be enforceable in like manner as a
judgment of the court.
13. Order on examination of claim. On the hearing of an
application for the examination of a claim, or at any adjournment
thereof, the court may allow or disallow or reduce the claim,
and may determine by whom the court fees are to be paid, and
may order either party to pay such sum as the court may con-
sider proper by way of costs to the other party, and may give
directions as to the addition to the sum allowed to the claimant
of any costs ordered to be paid to him, or the set off against
such sum of any fees and costs ordered to be paid by him, and
-as to the payment of the balance ascertained to be due from either
party to the other.
14. Forms 423, 424, 425A, 426 428. Forms 423, 424,
426, 427 and 428 in the Appendix, entitled in the Matter of the
Representation of the People Act, 1918, and of the election in
question, and with the necessary modifications, may be used
for applications for taxation of accounts or examination of claims,
notices of time and place fixed for taxation or examination, and
orders on examination of claims under these Rules; and
Form 425A in the Appendix, with the necessary modifications,
may be used for certificates on taxation.
15. Fees. The fees payable under the Treasury Order regu-
lating Fees in the County Courts for taxation of accounts and
examination of claims under Rules 1 to 8 of this Order shall
apply to taxations and examinations under these Rules,
with the following modification, that where a notice is served
"by the high bailiff by post the fee for such service shall be
fid. only.
ORDER LIII.
COSTS AND ALLOWANCES TO WITNESSES.
The following Rule shall stand as Order LIII., Rule 50, viz.:
Increase of Costs during Continuance of War.
16. Increase of costs during war. (1) During the continua-
tion of the present war, and thereafter until such date as the
Lord Chancellor shall appoint, the total of any items of costs (as
APPENDIX II.
distinct from payments) in respect of business done after the
thirtieth day of April nineteen hundred and eighteen in any
action or matter commenced in or remitted to a county court,
or in proceedings under the Workmen's Compensation Act, 1906,
shall where costs are payable under Column B or Column C of
the higher scale be increased by 20 per centum, and such increase
shall be allowed upon any taxation or assessments of costs in
respect of any such business ,as well as between party and.
party as between solicitor and client.
(2) Provided that this Rule shall not affect any power to direct
payment of a fixed or gross sum in respect or in lieu of costs.
(3) Provided also that where any items of costs are increased
under Rule 8 of this Order, or costs are allowed on any scale
higher than that which, would otherwise be applicable, the increase
authorised by this rule shall not be allowed in respect of such
items or in respect of costs allowed on such higher scale, unless
the judge otherwise orders.
(4) Provided also that this Rule shall not apply to bills of costs
which have at the date when this Rule comes into operation
already been delivered to the client sought to be charged there-
with or to the person chargeable therewith or liable therefor, or to
bills already taxed and certified or allowed.
(5) The increase hereby authorised shall not affect the question
whether a bill of costs when taxed is or is not less by one sixth
part than the bill delivered, sent, or left.
APPENDIX.
166 instead of 166.
RECEIPT FOR MONEY LEVIED OR PAID UNDER PROCESS.
No.
County Court.
No. of Plaint . No. of Execution or other Process
v.
Received the day of of the above named
the sum of pounds shillings and pence:
On account of
Debt and costs : :
Possession fees ..
Total
Bailiff.
N.B. This form to be printed and numbered in duplicate
on thin paper, 6 inches long by 4 inches deep, and bound up in
books, 50 duplicates in each book.
Dated the day of ,1918.
COUNTY COURT KULES (No. 2). 667
425A.
CERTIFICATE ON TAXATION UNDER THE EEPRESENTATION OF THE
PEOPLE ACT, SECTION 29.
'[Not to be printed, but to be used as a precedent.]
In the County Court of liolden at
In the Matter of the Representation of the People Act, 1918,
Section 29,
and
In the Matter of an. Election of a Member to serve in Parlia-
ment for the Division of the County of
[or as the case may be].
On the application of the Treasury for the taxation
of the account of the charges of the returning officer
at the above-mentioned election in respect of such election,
The Court doth determine that the amount payable to the said
in respect of such charges is the sum of , and
doth certify the same accordingly:
And the Court doth further determine that the Court fees
payable on this application, amounting to , are to be
paid by :
And doth further order that do pay to the sum
of by way of costs in respect of this application:
And the Court doth certify that the amount payable to the
said , including the costs payable to him as aforesaid
[or after deducting the fees and costs payable by him as afore-
said] is the sum of
[#/, if the balance, after adjusting the fees and costs, and
giving credit for any amount already advanced on account of
his charges, is against the returning officer,
And the Court doth certify that the balance due from the
said after crediting him with the amount payable to him
in respect of his charges and debiting him with the amount
payable by him for Court fees and costs and the amount already
advanced to him on account of his charges, is the sum of ;
And doth order that the said do on or before the
day of , 19 , pay the said sum of to the registrar
of this Court for the use of the Treasury.]
Given under the seal of the Court this day of ,
19 .
By the Court,
Registrar.
To the Treasury
and to
[The Returning Officer].
#68 APPENDIX II.
NOTES.
Rule 1 enables the judges to fix courts for the transaction,
of ordinary business so as to fit in with the arrangements which
must be made by them for the hearing of appeals from regis-
tration officers under the Representation of the People Act, 1918.
The Majority of these appeals will probably come in for hear-
ing about the same time; and as it will be necessary that they
should be dealt with as soon as possible, the judges will have to
make arrangements accordingly. The Rule accordingly pro-
vides that instead of being required to fix courts for ordinary
business 3 months beforehand, as required by the pre-
sent Rule, they may delay the fixing of such courts until
they know approximately what time will be required for
the hearing of appeals, and to give 6 weeks notice only of the
times fixed for such courts; and further that in country dis-
tricts where the ordinary business is not likely to require a
full day they may fix two courts to be held on the same day,
so as to allow more free days for the hearing of appeals.
Rule 2. The words omitted from Form 23 were inserted by
the Rules of 1914. This was done per incuriam, as Order XXIlA.,
Rule 10, altering the time for filing notice of defence, &c., in
actions under the extended jurisdiction con'ferre'd by the Act of
1903, applies only to ordinary and not to default summonses;
see Order XXIlA., Rule 1.
Rule 3 corrects a clerical error in Order XXIlA., Rule 1.
Rule 4 provides a new form of receipt to be given by a bailiff
for money paid under process, and for a carbon copy being
kept, as suggested by the Treasury.
Rules 5 to 15 are based on the existing Rules as to the taxation
of the accounts of returning officers, which are still in force
as to elections other than parliamentary elections. The only
substantial difference is that as the expenses are to be paid
by the Treasury a certificate of the amount found to be payable
is substituted for an order for payment, as in the case of deter-
mination by the county court of a difference as to the amount
to be paid for carriages, etc., requisitioned under sect. 115 of
of the Army Act, 1881.
Rule 16 provides for the increase of costs during the war,
following the Rule recently made for the Supreme Court.
REGISTRATION APPEALS RULE, 1918. 869
No. 4.
REGISTRATION APPEALS RULE, 1918 (BEISG
RULES OF THK SUPREME COURT AS TO APPEALS TO
THE COURT OF APPEAL FROM THE COUNTY COURTS
UNDER THK REPRESENTATION OK THE PEOPLE AtT,
1918, sKirr. 14 ( y ).
[NOTE. The following- Rule shall stand as Rule 21 of
Oder LVIII. of the Rules of the Supreme Court, 1883.]
21. Registration appeals. The following provisions shall apply
to appeals to the Court of Appeal from decisions of the county
courts on points of law on the hearing of appeals from regis-
tration officers under the Representation of the People Act, 1918.
section 14 (a).
(1) A person desiring to appeal to the Court of Appeal against
the decision of the county court on any appeal shall give notice
of his intention to appeal to the registrar of the county court and
to the registration officer and to the opposite party, if any, within
such time and in such form as may be prescribed by County
Court Eules.
(2) In any such case the party, if any, in whose favour the
decision is given shall be the respondent: and the registration
officer also shall be named as respondent to the appeal.
(3) Every such appeal shall be by notice of motion in accor-
dance with Order LIX., Eule 10; and such notice of motion shall
be served and the appeal set down under Order LVIII., Eule 8,
within the time limited by Order LIX., Eule 12.
(4) It shall be the duty of the party appealing to apply to the
judge or assistant judge of the county court for a signed copy
of the note made by him of any point of law raised before him,
and of the facts in evidence in relation thereto, and of his
decision thereon, and of his decision on the hearing of the appeal,
and to furnish such copy, and two additional unsigned copies
thereof, for the use of the Court of Appeal ; and such signed copy
shall be used and received at the hearing of the appeal. If such
note is not produced the Court of Appeal shall have power to
apply to the judge or assistant judge to furnish such a note, or to
hear and determine the appeal upon any other evidence or state-
ment of what occurred before the county court which the Court
of Appeal may deem sufficient.
(5) If the Court of Appeal is of opinion that the statement
in the note is not sufficient to enable the Court to give judgment
in law, the Court may remit the matter to the judge or assistant
judge in order that the note may be more fully stated.
(a] See pp. 134137, supra.
670 APPENDIX II.
(6) No appeal shall bo allowed upon any question of fact only,
or upon the admissibility or effect of any evidence or admission
adduced or made in any case to establish any matter of fact only.
(7) The Court shall have power to extend the time for appeal-
ing, or to amend the grounds of appeal, or rescind or vary any
declaration as to consolidation of appeals made by the judge
or assistant judge of the county court, or to make any other
order on such terms as the Court shall think just to ensure the
determination on the merits of the real question in controversy
between the parties.
(8) Where it appears to the judge or assistant judge that the
validity of any number of decisions given by the county court
depends upon the same point or points of law, and the parties
or any of them have given notice to the county court of their
intention to appeal to the Court of Appeal, the judge or assistant
judge may, in such manner as may be prescribed by County
Court Rules, declare that the appeals to the Court of Appeal
ought to be consolidated, and may name any person interested
and consenting to be appellant or respondent in the consolidated
appeal on behalf of himself and all other persons interested in
like manner in the appeals who consent to be parties to and to
be bound by the consolidated appeal; and the registration officer
shall also be named as a respondent to the consolidated appeal.
(9) With regard to consolidated appeals the like proceedings
shall be had and taken and the like rules and regulations shall
apply as in the case of any other appeal; and every order, judg-
ment or decision of the Court of Appeal shall be equally valid and
effectual and binding and conclusive on all the parties named in
or referred to as parties to such consolidated appeals.
(10) Where appeals are consolidated, if the consolidated appeal
is not duly prosecuted or answered, the Court of Appeal may give
to any party or parties interested in such appeal, upon his or
their application, the conduct and direction of the appeal or of
the answer thereto, instead of or in addition to any person
originally named in that behalf, in such manner and on such
terms as the Court may think fit, or may make such other order
in the case as may seem just.
(11) Every party to a consolidated appeal shall be liable for the
costs of the appeal in the same manner and to the same extent
as the person named as appellant or respondent in such appeal.
(12) If where appeals are consolidated any party interested
in any such appeal refuses to be a party to and to be bound by
the consolidated appeal; the appeal in which such party is
interested may proceed separately; but such party shall not be
entitled to receive any costs of or in such appeal, unless the
Court of Appeal shall otherwise order.
(13) Arrangements shall be made for hearing any appeals
without delay, and as far as possible continuously.
(14) Subject to the foregoing provisions the rules for the time
being in force with respect to appeals from the High Court to the
Court of Appeal shall, so far as practicable, apply to and govern
appeals under this rule to the Court of Appeal.
(15) Except as in this rule otherwise provided, the costs of any
appeal shall be in the discretion of the Court of Appeal.
REGISTRATION APPEALS RULE, 1918. 6 ~1
Such costs may, if the appeal is successful, be ordered to be
paid by the registration officer named as respondent to the
appeal, whether he shall or shall not appear in support of the
decision of the county court.
Where any person other than the registration officer is
respondent to an appeal he shall not be liable or entitled to
costs unless he appears in support of the decision of the county
court.
(16) Notice of the decision of the Court of Appeal on any
appeal shall be given by the proper officer of the Court of Appeal
to the registration officer, specifying exactly every alteration or
correction to be made on the register in pursuance of the decision:
and a copy thereof shall be sent to the registrar of the county
court.
19
(17) This Rule may be cited as the Registration Appeals Rule,
18.
672 APPENDIX III.
APPENDIX 111.
STATUTES.
CONTENTS.
PAGE.
The Ballot Act (35 & 36 Viet. c. 33) 672
The Parliamentary Elections (Returning Officers) Act, 1875
(38 & 39 Viet. c. 84) 700
The Parliamentary Elections Eeturning Officers Expenses
Scotland) Act, 1878 (41 & 42 Viet. c. 42) 708
The Parliamentary Elections and Corrupt Practices Act,
1880(43 Viet. c. 18) 708
The Corrupt and Illegal Practices Prevention Act, 1883
(46&47 Viet. c. 51) 710
The Local Government Elections Act, 1896 (59 Viet. c. 1)... 717
BALLOT ACT, 1872 (35 & 36 VICT. c. 33) (a).
An Act to .amend the Law relating to Procedure at Parliamentary
and Municipal Elections. [18th July, 1872.]
[Preamble. ~\
PART I.
PARLIAMENTARY ELECTIONS.
Procedure at Elections.
1. Nomination of candidates -for parliamentary elections. A
candidate for election to serve in Parliament for a county or
borough shall be nominated in writing. The writing shall be
subscribed by two registered electors of such county or borough
as proposer and seconder, and by eight other registered electors
(a) The Ballot Act, 1872, is made permanent by sect. 35 of the
Representation of the People Act, 1918. See p. 278, supra.
BALLOT ACT, 1872. 673
of the same county or borough as assenting to the nomination,
and shall be delivered during the time appointed for the election
to the returning officer by the candidate himself, or his proposer
or seconder.
If at the expiration of one hour after the time appointed for the
election no more candidates stand nominated than there are
vacancies to be filled up, the returning officer shall forthwith
declare the candidates who may stand nominated to be elected,
and return their names to the Clerk of the Crown in Chancery;
but if at the expiration of such, hour more candidates stand
nominated than there are vacancies to be filled up, the returning
officer shall adjourn the election and shall take a poll in manner
in this Act mentioned.
A candidate may, during the time appointed for the election,
but not afterwards, withdraw from his candidature by giving a
notice to that effect, signed by him, to the returning officer:
Provided that the proposer of a candidate nominated in his
absence out of the United Kingdom may withdraw such candidate
by a written notice signed by him and delivered to the returning
officer, together with a written declaration of such absence of
the candidate.
If after the adjournment of an election by the returning officer
for the purpose of taking a poll one of the candidates nominated
shall die before the poll has commenced, the returning officer
shall, upon being satisfied of the fact of such death, countermand
notice of the poll, and all the proceedings with reference to the
election shall be commenced afresh in all respects as if the writ
had been received by the returning officer on the day on which
proof was given to him of such death; provided that no fresh
nomination shall be necessary in the case of a candidate who stood
nominated at the time of the countermand of the poll (6).
2. Poll at elections, In the case of a poll at an election the
votes shall be given by ballot. The ballot of each voter shall
consist of a paper (in this Act called a ballot paper) showing the
names and description of the candidates. Each ballot paper shall
have a number printed on the back, and shall have attached a
counterfoil with the same number printed on the face. At the
time of voting, the ballot paper shall be marked on both sides
with an official mark, and delivered to the voter within the
polling station, and the number of such voter on the register
of voters shall be marked on the counterfoil, and the voter having
secretly marked his vote on the paper, and folded it up so as to
conceal his vote, shall place it in a closed box in the presence
of the officer presiding at the polling station (in this Act called
" the presiding officer ") after having shown to him the official
mark at the back.
Any ballot paper which has not on its back the official mark,
or on which votes are given to more candidates than the voter
is entitled to vote for, or on which anything, except the said
number on the back, is written or marked by which the voter can
be identified, shall be void and not counted.
(b] See sect, 21 (4) (a\ p. 162, supra.
F. 43
APPENDIX III.
After the close of the poll the ballot boxes shall be sealed up,
so as to prevent the introduction of additional ballot papers, and
shall be taken charge of by the returning officer, and that officer
shall, in the presence of such agents, if any, of the candidates as
may be in attendance, open the ballot boxes, and ascertain the
result of the poll by counting the votes given to each candidate,
and shall forthwith declare to be elected the candidates or can-
didate to whom the majority of votes have been given, and
return their names to the Clerk of the Crown in Chancery. The
decision of the returning officer as to any question arising in
respect of any ballot paper shall be final, subject to reversal on
petition questioning the election or return.
Where an equality of votes is found to exist between any
candidates at an election for a county or borough, and the .addition
of a vote would entitle any of such candidates to be declared
elected, the returning officer, if a registered elector of such
county or ^borough, may give such additional vote, but shall
not in any other case be entitled to vote at an election for which
he is returning officer (c).
Offences at Elections.
3. Offences in respect of nomination papers, ballot papers,
and ballot boxes (d}.
4. Infringement of secrecy (e).
Amendment of Law.
5. Division of counties and boroughs into polling districts (/).
6. Use of school and public room for poll. The returning
officer at a parliamentary election may u^e, free of charge, for
the purpose of taking the poll at such election, any room in a
school receiving a grant out of moneys provided by Parliament,
and any room the expense of maintaining which is payable out
of any local rate, but he shall make good any damage done to
such room, and defray any expense incurred by the person or
body of persons, corporate or unincorporate, having control over
the same on account of its being used for the purpose of taking
the poll as aforesaid.
The use of any room in an unoccupied house for the purpose
of taking the poll shall not render any person liable to be rated
or to pay any rate for such house.
7. Collusiveness of register of voters. At any election for
a Bounty or borough, a person shall not be entitled "to vote unless
his name is on the register of voters for the time being in force
for such county or borough, and every person whose name is on
such register shall be entitled to demand and receive a ballot
paper and to vote: Provided that nothing in this section shall
(c) See sect. 22 (1) (c), p. 165, supra.
(d) See pp. 285, 286, supra.
(e) For the provisions of this section, see pp. 286, 287, supra.
(/) Repealed by sect. 47 (1) of the present Act. See pp. 337, 396. supra.
BALLOT ACT, 1872. 675
entitle any person to vote who is prohibited from voting by
statute, or by the common law of Parliament, or relieve such
person from any penalties to which he may be liable for voting.
Duties of Returning and Election Officers.
8. General powers and duties of returning officer. Subject
to the provisions of this Act, every returning officer shall provide
such nomination papers, polling stations, ballot boxes, ballot
papers, stamping instruments, copies of register of voters, and
other things, appoint and pay such officers, and do such other
acts and things as may be necessary for effectually conducting an
election in manner provided by this Act.
\_Here follow words repealed by present Act(f).\
Where the sheriff is returning officer for more than one county
as defined for the purposes of parliamentary elections, he may,
without prejudice to any other power, by writing under his
hand, appoint a fit person to be his deputy for all or any of the
purposes relating to an election in any such county, and may, by
himself or such deputy, exercise any powers and do any things
which the returning officer is authorised or required to exercise
or do in relation to such election, Every such deputy, and also
any under sheriff, shall, in so far as he acts as returning officer,
be deemed to be included in the term returning officer in the
provisions of this Act relating to parliamentary elections, and
the enactments with which this part of this Act is to be construed
as one (g).
9. Keeping of order in station. If any person misconducts
himself in the polling station, or fails to obey the lawful orders
of the presiding officer, he may immediately, by order of the pre-
siding officer, be removed from the polling station by any
constable in or near that station, or any other person authorised
in writing by the returning officer to remove him; and the person
so removed shall not, unless with the permission of the presiding
officer, again be .allowed to enter the polling station during the
day.
Any person so removed as aforesaid, if charged with the com-
mission in such station of any offence, may be kept in custody
until he can be brought before a justice of the peace.
Provided that the powers conferred by this section shall not be
exercised so as to prevent any elector who is otherwise entitled
to vote at any polling station from having an opportunity of
voting at such station.
10. Powers of presiding officer and administration of
oaths, &c. For the purpose of the adjournment of the poll, and
of every other enactment relating to the poll, a presiding officer
shall have the power by law belonging to a deputy returning
officer; and any presiding officer and any clerk appointed by the
(/) See sect. 47 (1), p. 337, supra, aud p. 396, supra.
(g} The words in sect. 8 beginning ' ' Where the sheriff ' ' to the end of
the section are repealed (except as respects Scotland and Ireland) by
seat. 47 (1) of the present Act. See pp. 337, 396, supra.
43(2)
676 APPENDIX III.
returning officer to attend at a polling station shall have the
power of asking the questions and administering the oath autho-
rised by law to be asked of and administered to voters, and any
justice of the peace and any returning officer may take and
receive any declaration authorised by this Act to be taken before
him.
11. Liability of officers for misconduct. Every returning
officer, presiding officer, and clerk who is guilty of any wilful
misfeasance or any wilful act or omission in contravention of
this Act shall, in addition to any other penalty or liability to
which he may be subject, forfeit to any person aggrieved by such
misfeasance, act, or omission a penal sum not exceeding one
hundred pounds.
Section fifty of the Representation of the People Act, 1867,
(which relates to the acting of any returning officer, or his partner
or clerk, as agent for a candidate,) shall apply to any returning
officer or officer appointed by him in pursuance of this Act, and
to his partner or clerk.
Miscellaneous.
12. Prohibition of disclosure of vote. No person who has voted
at an election shall, in any legal proceeding to question the
election or return, be required to state for whom he has voted.
13. Non-compliance with rules. No election shall be declared
invalid by reason of a non-compliance with the rules contained
in the First Schedule to this Act, or any mistake in the use of the
forms in the Second Schedule to this Act, if it appears to the
tribunal haying cognizance of the question that the election was
conducted in accordance with the principles laid down in the
body of this Act, and that such non-compliance or mistake did
not affect the result of the election.
14. Use of municipal ballot boxes, &c. for parliamentary elec-
tion, and vice versa. Where a parliamentary borough and muni-
cipal borough occupy the whole or any part of the same area, any
ballot boxes or fittings for polling stations and compartments
provided for such parliamentary borough or such municipal
borough may be used in any municipal or parliamentary elec-
tion in such borough free of charge, and any damage other than
reasonable wear and tear caused to the same shall be paid as part
of the expenses of the election at which they are so used.
15. Construction of Act. This part of this Act shall, so far
as is consistent with the tenor thereof, be construed as one with
the enactments for the time being in force relating to the repre-
sentation of the people, and to the registration of persons entitled
to vote at the election of members to serve in Parliament, and
with any enactments otherwise relating to the subject matter oi
this part of this Act, and terms used in this part of this Act shall
have the same meaning as in the said enactments; and in con-
struing the said enactments relating to an election or to the poll or
taking the votes by poll, the mode of election and of taking the
poll established by this Act shall for the purposes of the said'
enactments be deemed to be substituted for the mode of election
BALLOT ACT, 1872. 677
or poll, or taking the votes by poll, referred to in the said enact-
ments; iand any person applying for a ballot paper under this
Act shall be deemed " to tender his vote," or " to assume to vote,"
within the meaning of the said enactments; and any application
for a ballot paper under this Act, or expressions relative thereto
shall be equivalent to " voting " in the said enactments and any
expressions relative thereto; and the term "polling booth" as
used in the said enactments shall be deemed to include a polling
station; and the term " proclamation " as used in the said enact-
ments shall be deemed to include a public notice given in
pursuance of this Act.
Application of Part of Act to Scotland.
16. Alterations for application of Part 1. to Scotland. This
part of this Act shall apply to Scotland, subject to the following
provisions:
(1) The expression " crime and offence " shall be equivalent
to the expression " misdemeanor," and shall be sub-
stituted therefor:
(2) All offences under this Act for which any person may be
punished on summary conviction shall be prosecuted
before the sheriff under the provisions of " The Sum-
mary Procedure Act, 1864"; and all jurisdictions,
powers, and authorities necessary for that purpose are
hereby conferred on sheriffs:
The expression "sheriff" shall include sheriff substitute:
The provisions of this Act relating to the division of
counties and boroughs into polling districts shall not
apply to Scotland:
(5) [Repealed by sect. 47 (1) of the present Act. See pp. 337,
396, supra. ~\
Application of Part of Act to Ireland.
17. Alterations for application of Part I. to Ireland. This
part of this Act shall apply to Ireland, subject to the following
modifications :
(1) The expression " Clerk of the Crown in Chancery " shall
mean the Clerk of the Crown and Hanaper in Ireland:
(2) The preceding provisions of this part of this Act with
respect to the division of counties and boroughs into
polling districts shall not extend to Ireland:
(3) In the construction of the preceding provisions of this
part of this Act as applying to Ireland, section thirteen
of " The Representation of the People (Ireland) Act,
1868," shall be substituted for section fifty of " The
Representation of the People Act, 1867," wherever in
such provisions the said last-mentioned section occurs.
The provision contained in the sixth section of this
Act providing for the use of school rooms free of charge,
for the purpose of taking the poll at elections, shall not
apply to any school adjoining or adjacent to any church
or other place of worship, nor to any school connected
with a nunnery or other religious establishment:
678 APPENDIX III.
(4) [Repealed by sect. 47 (1) of the present Act. See pp. 337,
396, supra. ]
18. Provisions as to polling districts and polling places in
Ireland. [Repealed by sect. 47 (1) of the present Act. See
pp. 337, 396, supra.]
19. Amendment of law as to voting in certain boroughs.
[Repealed by sect. 47 (1) of the present Act. See pp. 337, 396,
supra.']
PART II.
MUNICIPAL ELECTIONS (&).
20. Application to municipal election of enactments relating
to the p'oll at parliamentary elections. The poll at every con-
tested municipal election shall, so far as circumstances admit,
be conducted in the manner in which the poll is by this Act
directed to be conducted at a contested parliamentary election,
and, subject to the modifications expressed in the schedules '
annexed hereto, such provisions of this Act and of the said
schedules as relate to or are concerned with a poll at a parlia-
mentary election shall apply to a poll at a contested municipal
election: Provided as follows:
(1) The term " returning officer " shall mean the mayor or
other officer who, under the law relating to municipal
elections, presides at such elections:
(2) The term '* petition questioning the election or return "
shall mean any proceeding in which a municipal election
can be questioned:
(3) The mayor shall provide everything which in the case of
a parliamentary election is required to be provided by
the returning officer for the purpose of a poll:
(4) All expenses shall be defrayed in manner provided by law
with respect to the expenses of a municipal election :
(5) No return shall be made to the Clerk of the Crown in
Chancery:
(6) Nothing in this Act shall be deemed to authorise the
appointment of any agents of a candidate in a municipal
election, but if in the case of a municipal election any
agent of a candidate is appointed, and a notice in writing
of such appointment is given to the returning officer,
the provisions of this Act with respect to agents of
candidates shall, so far as respects such agent, apply
in the case of that election:
(7) The provisions of this Act with respect to
(a) The voting of a returning officer; and
(b) The use of a room for taking a poll; and
(c) The right to vote of persons whose names are on
the register of voters;
shall not apply in the case of a municipal election.
(A-) Sects. 20 and 21 are repealed (except as to Sco
the MunicipalCorporationb Act, 1882, *. 5, 260 (2).
Scotland and Ireland) by
BALLOT ACT, 1872. 679
A municipal election shall, except in so far as relates to the
taking of the poll in the event of its being contested, be con-
ducted in the manner in which it would have been conducted if
this Act had not been passed.
21. Abolition of ward assessors. Assessors shall not be elected
in any ward of any municipal borough, and a municipal election
need not be held before the assessors or their deputies, but may
be held before the mayor, alderman, or other 'returning officer
only.
Application of Part of Act to Scotland.
22. Alterations for application of Part II. to Scotland. This
part of this Act shall apply to Scotland, subject to the following
provisions :
(1) The term " mayor " shall mean the provost or other chief
magistrate of a municipal borough, as defined by this
Act:
(2) All municipal elections shall be conducted in the same
manner in all respects in which elections of councillors
in the royal burghs contained in Schedule 0. to the
Act of the session of the third and fourth years of the
reign of King William the Fourth, chapter seventy-six,
intituled " An Act to alter and amend the laws for the
" election of the Magistrates and Councillors of the Hoyal
" Burghs in Scotland," are directed to be conducted by
the Acts in force at the time of the passing of this Act
as amended by this Act; and all such Acts shall apply
to such elections accordingly.
Application of Part of Act to Ireland.
23. Alterations for application of Part 11. to Ireland. This
part of this Act shall apply to Ireland, with the following
modifications :
(1) The term " mayor " shall include the chairman of com-
missioners, chairman of municipal commissioners, chair-
man of town commissioners, and chairman of township
commissioners.
(2) The provisions of " The Municipal Corporation Act, 1859,"
following; that is to say, section five and section six,
and section seven except so much thereof as relates to
the form of nomination papers, and section eight except
so much thereof as relates to assessors, shall extend and
apply to every municipal borough in Ireland, and shall
be substituted for any provisions in force in relation
to the nomination at municipal elections: Provided
always, that the term " councillor " in these sections
shall for the purposes of this section include alderman,
commissioner, municipal commissioner, town commis-
sioner, township commissioner, or assessor of any
municipal borough.
680 APPENDIX III.
PART III.
PERSONATION.
24. Definition and punishment of personation, The following
enactments shall be made with respect to personation at parlia-
mentary iand municipal elections:
A person shall for all purposes of the laws relating to parlia-
mentary iand municipal elections be deemed to be guilty of the
offence of personation who at an election for a county or borough,
or at a municipal election, applies for a ballot paper in the name
of some other person, whether that name be that of a person living
or dead or of a fictitious person, or who having voted once at
any such election applies at the same election for a ballot paper
in his own name.
.... It shall be the. duty of the returning officer to institute a
prosecution against any person whom he may believe to have been
guilty of personation, or of aiding, abetting, counselling, or
procuring the commission of the offence of personation by any
person, at the election for which he is returning officer, and the
costs and "expenses of the prosecutor and the witnesses in such
case, together with compensation for their trouble and loss of
time, shall be allowed by the court in the same manner in which
courts are empowered to allow the same in cases of felony.
The provisions of the Kegistration Acts, specified in the Third
Schedule to this Act, shall in England and Iceland respectively
apply to personation under this Act in the same manner as they
apply to a person who knowingly personates and falsely assumes
to vote in the name of another person as mentioned in the said
Acts.
25. Vote to be struck off for bribery, treating, or undue
influence. Where a candidate, on the trial of an election peti-
tion claiming the seat for any person, is proved to have been
guilty, by himself or by any person on his behalf, of bribery,
treating, or undue influence in respect of any person who voted
at such election (a), . . . there shall, on a scrutiny, be struck off
from the number of votes appearing to have been given to such
candidate one vote for every person who voted at such election
and is proved to have been so bribed, treated, or unduly
influenced (a). . . .
26. Alterations in Act as applying to Scotland. This part
of this Act shall apply to Scotland, subject to the following
provision:
The offence of personation shall be deemed to be a crime and
offence, and the rules of the law of Scotland with respect
to apprehension, detention, precognition, commitment, and
bail shall apply thereto, and any person accused thereof may
be brought to trial in the court of justiciary, whether in
Edinburgh or on circuit, at the instance of the Lord Advo-
cate, or before the sheriff court at the instance of the
procurator fiscal.
(a) Here follow words repealed by present Act. See sect, 47 (1], p. 337,
supra, and p. 396, supra.
BALLOT ACT, 1872. 681
27. Construction of part of Act. This part of this Act, so
far as regards parliamentary elections, shall be construed as one
with " The Parliamentary Elections Act, 1868," and shall apply
to an election for a university or combination of universities.
PAET IV.
MISCELLANEOUS.
28. Effect of schedules. The schedules to this Act, and the
notes thereto, and directions therein, shall be construed and have
effect as part of this Act.
29. Definitions. In this Act
The expression " municipal borough " means any place for
the time being subject to the Municipal Corporation Acts,
or any of them:
The expression " Municipal Corporation Acts " means
(a) As regards England, the Act of the session of the fifth and
sixth years of the reign of King William the Fourth,
chapter seventy-six, intituled " An Act to provide for
" the regulation of municipal corporations in England
" and Wales," and the Acts amending the same:
(b) As regards Scotland, the Act of the session of the third and
fourth years of the reign of King William the Fourth,
chapter seventy-six, intituled " An Act to alter and
" amend the laws for the election of Magistrates and
" Councillors of the Eoyal Burghs in Scotland," and
the Act of the same session, chapter seventy-seven, in-
tituled " An Act to provide for the appointment and
" election of Magistrates and Councillors for the several
" Burghs and Towns of Scotland which now return or
" contribute to return Members to Parliament, and are
u not Boyal Burghs," and the Act of the session of the
thirteenth and fourteenth years of the reign of Her
present Majesty, chapter thirty-three, intituled " An Act
" to make more effectual provision for regulating the
" Police of Towns and populous Places in Scotland, and
" for paving, draining, cleansing, lighting, and improv-
" ing the same; " and " The General Police and Im-
" provement (Scotland) Act, 1862," and any Acts
amending the same:
(c) As regards Ireland, the Act of the session of the third and
fourth years of the reign of Jler present Majesty, chapter
one hundred and eight, intituled " An Act for the Regu-
" lation of Municipal Corporations in Ireland," the Act
of the ninth year of G-eorge the Fourth, chapter eighty-
two, The Towns Improvement (Ireland) Act, 1854, and
every local and personal Act providing for the election
of commissioners in any towns or places for purposes
similar to the purposes of the said Acts.
The expression " municipal election " means
(a) As regards England, an election of any person to serve the
office of councillor, auditor, or assessor of any municipal
682 APPENDIX III.
borough, or of councillor for a ward of a municipal
borough; and
(b) As regards Scotland, an election of any person to serve
the office of councillor or commissioner of any muni-
cipal borough, or of a ward or district of any municipal
borough:
(c) As regards Ireland, an election of any person to serve the
office of alderman, councillor, commissioner, municipal
commissioner, town commissioner, township commis-
sioner, or assessor of any municipal borough.
30. Application of Act. This Act shall apply to any parlia-
mentary or municipal election which may be held after the
passing thereof.
31. Saving. Nothing in this Act, except Part III. thereof,
shall apply to any election for a university or combination of
universities.
32. Repeal of Acts in schedules (Fourth, Fifth, and Sixth
Schedules) to extent specified therein.
33. Short title. This Act may be cited as The Ballot Act,
1872( 2 ). . . .
SCHEDULES.
FIRST SCHEDULE.
PART 1.
RULES FOR PARLIAMENTARY ELECTIONS.
Election.
1. The returning officer shall, in the case of a county election,
within two days after the day on which he receives the writ, and
in the case of a borough election, on the day on which he receives
the writ or the following day, give public notice, between the
hours of nine in the morning and four in the afternoon, of the
day on which and the place at which he will proceed to an election,
and of the time appointed for the election, and of the day on
which the poll will be taken in case the election is contested,
and of the time and place at which forms of nomination papers
may be obtained, and in the case of a county election shall send
one of such notices by post under cover, to the postmaster of
the principal post office of each polling place in the county,
endorsed with the words " Notice of election," and the same shall
be forwarded free of charge; and the postmaster receiving the
same shall forthwith publish the same in the manner in which
post office notices are usually published (a).
2. The day of election shall be fixed by the returning officer as
follows; that is to say, in the case of an election for a county
(z) Here follow words repealed by present Act. See sect. 47 (1), p. 337
supra, and p. 396, supra.
(a] See sect. 21 (2), pp. 161, 162, also pp. 179, 180, supra.
BALLOT ACT, 1872. 683
or a district borough not later than the ninth day after the day
on which he receives the writ, with an interval of not less than
three clear days between the day on which he gives the notice and
the day of election ; and in the case of an election for any borough
other than a district borough not later than the fourth day
after the day on which he receives the writ, with an interval
of not less than two clear days between the day on which he gives
the notice and the day of election (6).
3. [Repealed by sect. 47 (1) of the present Act (c).j
4. The time appointed for the election shall be such two hours
between the hours of ten in the forenoon and three in the after-
noon as may be appointed by the returning officer, and the
returning officer shall attend during those two hours and for
one hour after (c).
5. Each candidate shall be nominated by a separate nomination
paper, but the same electors or any of them may subscribe as
many nomination papers as there are vacancies to be filled,
but no more (e).
6. Each candidate shall be described in the nomination paper
in such manner as in the opinion of the returning officer is
calculated to sufficiently identify such candidate; the description
shall include his names, his abode, and his rank, profession, or
calling, and his surname shall come first in the list of his names.
No objection to a nomination paper on the ground of the descrip-
tion of the candidate therein being insufficient, or not being in
compliance with this rule, shall be allowed or deemed valid,
unless such objection is made by the returning officer, or by
some other person, at or immediately after the time of the
delivery of the nomination paper (/).
7. The returning officer shall supply a form of nomination
paper to any registered elector requiring the same during such
two hours as the returning officer may fix, between the hours
of ten in the morning and two in the afternoon on each day
intervening between the day on which notice of the election was
given and the day of election, and during the time appointed
for the election; but nothing in this Act shall render obligatory
the use of a nomination paper supplied by the returning officer,
so, however, that the paper be in the form prescribed by this
Act(flr).
8. The nomination papers shall be delivered to the returning
officer at the place of election during .the time appointed for the
election ; and the candidate nominated by each nomination paper,
and his proposer and seconder, and one other person selected by
the candidate, and no person other than aforesaid, shall, except
for the purpose of assisting the returning officer, be entitled to
(ft) See pp. 179, 180, supra.
(c) See pp. 337, 396, supra.
(d) See sect. 26 (1), p. 207. supra.
(e) See sect. 33 (2), pp. 223, 224. also pp. 265269, supra.
(f) Ibid,
(a) Ibid.
84 APPENDIX III.
attend the proceedings during the time appointed for the
election (/&).
9. If the election is contested the returning officer shall, as
soon as practicable after adjourning the election, give public
notice 'of the day on which the poll will be taken, and of the
candidates described as in their respective nomination papers,
and of the names of the persons who subscribed the nomination
paper of each candidate, and of the order in which the names of
the candidates will be printed in the ballot paper, and, in the
case of an election for a county, deliver to the postmaster of
the principal post office of the town in which is situate the place
of election a paper, signed by himself, containing the names of
the candidates nominated, and stating the day on which the poll
is to be taken, and the postmaster shall forward the information
contained in such paper by telegraph, free of charge, to the several
postal telegraph offices situate in the county for which the elec-
tion is to be held, and such information shall be published at
each such office in the manner in which post office notices are
usually published (i) .
10. If any candidate nominated during the time appointed for
the election is withdrawn in pursuance of this Act, the returning
officer shall give public notice of the name of such candidate, and
the names of the persons who subscribed the nomination paper of
such candidate, as well as of the candidates who stood nominated
or were elected (&).
11. The returning officer shall, on the nomination paper being
delivered to him, forthwith publish notice of the name of the
person nominated as a candidate, and of the names of his pro-
poser and seconder, by placarding or causing to be placarded
the names of the candidate and his proposer and seconder in a
conspicuous position outside the building in which the room is
situate appointed for the election (7).
12. A person shall not be entitled to have his name inserted in
any ballot paper as a candidate unless he has been nominated in
manner provided by this Act, and every person whose nomina- .
tion paper has been delivered to the returning officer during the
time appointed for the election shall be deemed to have been
nominated in manner provided by this Act, unless objection be
made to his nomination paper by the returning officer or some
other person before the expiration of the time appointed for the
election or within one hour afterwards (m).
13. The returning officer shall decide on the validity of every
objection made to a nomination paper, and his decision, if dis-
allowing the objection, shall be final; but if allowing the same,
shall be subject to reversal on petition questioning the election
or return (n).
(Ji) See sect. 33 (2), pp. 223, 224, also pp. 265269, supra.
(i) Ibid., also p. 179.
(k) Ibid., also p. 208, supra.
(1} Ibid.
(m) Ibid.
() Ibid.
BALLOT ACT, 1872. 685
The Poll.
14. The poll shall take place on such day as the returning
officer may appoint, not being in the case of an election for a
county or a district borough less than two nor more than six
clear days, and not being in the case of an election for a borough
other than a district borough more than three clear days after
the day fixed for the election (o).
15. At every polling place the returning officer shall provide a
sufficient number of polling stations for the accommodation of
the electors entitled to vote at such polling place, and shall
distribute the polling stations amongst those electors in such
manner as he thinks most convenient, provided that in a district
borough there shall be at least one polling station at each con-
tributory place of such borough (p).
16. Each polling station shall be furnished with such number
of compartments, in which the voters can mark their votes
screened from observation, as the returning officer thinks neces-
sary, so that at least one compartment be provided for every
one hundred and fifty electors entitled to vote at such polling
station.
17. A separate room or separate booth may contain a separate
polling station, or several polling stations may be constructed in
the same room or booth.
18. No person shall be admitted to vote at any polling station
except the one allotted to him (g).
19. The returning officer shall give public notice of the situa-
tion of polling stations and the description of voters entitled
to vote at each station, and of the mode in which electors are to
vote.
20. The returning officer shall provide each polling station
with materials for voters to mark the ballot papers, with instru-
ments for stamping thereon the official mark, and with copies of
the register of voters, or such part thereof as contains the
names of the voters allotted to vote at such station. He shall
keep the official mark secret, and an interval of not less than
seven y^ears shall intervene between the use of the same official
mark at elections for the same county or borough.
21. The returning officer shall appoint a presiding officer to
preside at each station, and the officer so appointed shall keep
order at his station, shall regulate the number of electors to be
admitted at a time, and shall exclude all other persons except
the clerks, the agents of the candidates, and the constables on
duty.
22. Every ballot paper shall contain a list of the candidates
described as in their respective nomination papers, and arranged
alphabetically in the order of their surnames, and (if there are
two or more candidates with the same surname) of their other
(o) See sect. 21, pp. 161, 162, also pp. 162, 163, 179, 180, supra,
(p) See sect. 24, pp. 203, 204, supra.
(q) Ibid.
686 APPENDIX III.
name*: it shall be in the form (r) set forth in the Second Schedule
to this Act or as near thereto as circumstances admit, and shall
be capable of being folded up.
23. Every ballot box shall be so constructed that the ballot
papers can be introduced therein, but cannot be withdrawn there-
from, without the box being unlocked. The presiding officer at
any polling station, just before the commencement of the poll,
shall show the ballot box empty to such persons, if any, as may
be present in such station, so that they may see that it is empty,
and shall then lock it up, and place his seal upon it in such
manner as to prevent its being opened without breaking such
seal, and shall place it in his view for the receipt of ballot papers
and keep it so locked and sealed.
24. Immediately before a ballot paper is delivered to an
elector it shall be marked on both sides with the official mark,
either stamped or perforated, and the number, name, and descrip-
tion of the elector as stated in the copy of the register shall be
called out, and the number of such elector shall be marked on
the counterfoil, and a mark shall be placed in the register against
the number of the elector, to denote that he has received a ballot
paper, but without showing the particular ballot paper which
he has received.
25. The elector, on 'receiving the ballot paper, shall forthwith
proceed into one of the compartments in the polling station, and
there mark his paper, and fold it up so as to conceal his vote,
and shall then put his ballot paper, so folded up, into the ballot
box; he shall vote without undue delay, and shall quit the
polling station as soon as he has put his ballot paper into the
ballot box.
26. The presiding officer, on the application of any voter who
is incapacitated by blindness or other physical cause from voting
in manner prescribed in this Act, or (if the poll be taken on
Saturday) of any voter who declares that he is of the Jewish
persuasion, and objects on religious grounds to vote in manner
prescribed by this Act, or of any voter who makes such a declara-
tion as herein-after mentioned that he is unable to read, .shall,
in the presence of the agents of the candidates, cause the vote of
such voter to be marked on a ballot paper in manner directed by
such voter, and the ballot paper to be placed in the ballot box,
and the name and number on the register of voters of every
voter whose vote is marked in pursuance of this rule, and the
reason why it is so marked, shall be entered on a list in this
Act called " the list of votes marked by the presiding officer."
The said declaration, in this Act referred to as " the declara-
tion of inability to read," shall be made by the voter at the time
of polling, before the presiding officer, who shall attest it in the
form herein-after mentioned, and no fee, stamp, or other pay-
ment shall be charged in respect of such declaration, and the
said declaration shall be given to the presiding officer at the
time of voting.
27. If a person, representing himself to be a particular elector
named on the register, applies for a ballot paper after another
(r) See p. 698, f /*.
BALLOT ACT, 1872. 687
person has voted as such elector, the applicant shall, upon duly
answering the questions and taking the oath permitted by law
to be asked of and to be administered to voters at the time of
polling, be entitled to mark a ballot paper in the same manner
as any other voter, but the ballot paper (in this Act called a
tendered ballot paper) sljall be of a colour differing from the
other ballot papers, and instead of being put into the ballot box,
shall be given to the presiding officer and endorsed by him
with the name of the voter and his number in the register of
voters, and set aside in a separate packet, and shall not be
counted by the returning officer. And the name of the voter and
his number on the register shall be entered on a list, in this Act
called the tendered votes list(/).
28. A voter who has inadvertently dealt with his ballot paper
in such manner that it cannot be conveniently used as a ballot
paper, may, on delivering to the presiding officer the ballot
paper so inadvertently dealt with, and proving the fact of the
inadvertence to the satisfaction of the presiding officer, obtain
another ballot paper in the place of the ballot paper so delivered
up (in this Act called a spoilt ballot paper), and the spoilt
ballot paper shall be immediately cancelled ().
29. The presiding officer of each station, as soon as practicable
after the close of the poll, shall, in the presence of the agents of
the candidates, make up into separate packets sealed with his
own seal and the seals of such agents of the candidates as desire
to affix their seals,
(1) Every ballot box in use at his station, unopened but with
the key attached; and
(2) The unused and spoilt ballot papers, placed together; and
(3) The tendered ballot papers; and
(4) The marked copies of the register of voters, and the
counterfoils of the ballot papers; and
(5) The tendered votes list, and the list of votes marked by
the presiding officer, and a statement of the number of
the voters whose votes are so marked by the presiding
officer under the heads " physical incapacity," " Jew-;.''
and " unable to read," and the declarations of inability
to read;
and shall deliver such packets to the returning officer
30. The packets shall be accompanied by a statement made
by such presiding officer, showing the number of ballot papers
entrusted to him, and accounting for them under the heads of
ballot papers in the ballot box, unused, spoilt, and tendered
ballot papers, which statement is in this Act referred to as the
ballot paper account.
Counting Votes.
31. The candidates may respectively appoint agents to attend
the counting of the votes (A).
(/) See sect. 22 (1) (c), pp. 164, 165, supra.
(ff) See sect. 27 (2), pp. 209, 210, supra.
(h] See sect. 23 (2), p. 173, also p. 182, supra.
688 APPENDIX III.
32. The returning officer shall make arrangements for counting
the votes in the presence of the agents of the candidates as scon
as practicable after the close of the poll, and shall give to the
agents of the candidates appointed to attend at the counting of
the votes notice in writing of the time and place at which he will
begin to count the same (i) .
33. The returning officer, his assistants and clerks, and the
agents of the candidates, and no other person, except with the
sanction of the returning officer, may be present at the counting
of the votes (&)
34. Before the returning officer proceeds to count the votes, he
shall, in the presence of the agents of the candidates, open each
ballot box, and, taking out the papers therein, shall count and
record the number thereof, and then mix together the whole of
the ballot papers contained in the ballot boxes. The returning
officer, while counting and recording the number of ballot papers
and counting the votes, shall keep the ballot papers with their
faoes .upwards, and take all proper precautions for preventing
any person from seeing the numbers printed on the backs of such
papers (Z).
35. The returning officer shall, so far as practicable, proceed
continuously with counting the votes, allowing only time for
refreshment, and excluding (except so far as he and the agents
otherwise -agree) the hours between seven o'clock at night and
nine o'clock on the succeeding morning. During the excluded
time the returning officer shall place the ballot papers and other
documents relating to the election under his own seal and the
seals of such of the agents of the candidates as desire to affix their
seals, and shall otherwise take proper precautions for the security
of such papers and documents (ra).
36. The returning officer shall endorse " rejected " on any
ballot paper which he may reject as invalid, and shall add to the
endorsement " rejection objected to," if an objection be in fact
made by any agent to his decision. The returning officer shall
report to the Olerk of the Grown in Chancery the numbers of
ballot papers rejected and not counted by him under the several
heads of
1) Want of official mark;
2) Voting for more candidates than entitled to;
(3) Writing or mark by which voter could be identified;
(4) Unmarked or void for uncertainty;
and shall on request allow any agents of the candidates, before
such report is sent, to copy it (n).
37. Upon the completion of the counting, the returning officer
shall seal up in separate packets the counted and rejected ballot
papers. He shall not open the sealed packet of tendered ballot
papers or marked copy of the register of voters and counterfoils,
(i) See sect. 23 (2), p. 173, also p. 182, supra.
(k) Ibid.
(1} Ibid.
(m] Ibid.
(n) See sect. 23 (2), p. 173,. also pp. 182 200, supra.
BALLOT ACT, 1872. 689
but shall proceed, in the presence of the agents of the candidates,
to verify the ballot paper account given by each presiding officer
by comparing it with the number of ballot papers recorded by him
as aforesaid, and the unused and spoilt ballot papers in his
possession and the tendered votes list, and shall reseal each sealed
packet after examination. The returning officer shall report to
the Clerk of the Crown in Chancery the result of such verifi-
cation, and shall, on request, allow any agents of the candidates,
before such report is sent, to copy it (0).
38. Lastly, the returning officer shall forward to the Clerk of
the Crown in Chancery (in manner in which the poll books are
by any existing enactment required to be forwarded to such clerk,
or as near thereto as circumstances admit) all the packets of
ballot papers in his possession, together with the said reports,
tho ballot paper accounts, tendered votes lists, lists of votes
marked by the presiding officer, statements relating thereto,
declarations of inability to read, and packets of counterfoils,
and marked copies of registers, sent by each presiding officer,
endorsing on each packet a description of its contents and the
date of the election to which they relate, and the name of the
county or borough for which such election was held; and the
term poll book in 'any such enactment shall be construed to
include any document forwarded in pursuance of this rule(o).
39. The Clerk of the Crown shall retain for a year all docu-
ments relating to an election forwarded to him in pursuance of
this Act by a returning officer, and then, unless otherwise directed
by an order of the House of Commons, or one of Her Majesty's)
Superior Courts, shall cause them to be destroyed.
40. No person shall be allowed to inspect any rejected ballot
papers in the custody of the Clerk of the Crown in Chancery,
except under the order of the House of Commons or under the
order of one of Her Majesty's Superior Courts, to be granted by
such court on being satisfied by evidence on oath that the inspec-
tion or production of such ballot papers is required for the pur-
pose of instituting or maintaining a prosecution for an offence
in relation to ballot papers, or for the purpose of a petition
questioning an election or return; and any such order for the
inspection or production of ballot papers may be. made subject
to such conditions as to persons, time, place, and mode of inspec-
tion or production as the House or court making the same may
think expedient, and shall be obe}^ed by the Clerk of the Crown
in Chancery. Any power given to a Court by this rule may be
exercised by any judge of such court at chambers.
41. No person shall, except by order of the House of Commons
or any tribunal having cognizance of petitions complaining of
undue returns or undue elections, open the sealed packet of
counterfoils after the same has been once sealed up, or be allowed
to inspect any counted ballot papers in the custody of the Clerk
of the Crown in Chancery; such order may be made subject to
such conditions as to persons, time, place, and mode of opening
or inspection as the House or tribunal making the order may
(0) Seo sect. 23 (2), p. 173, also p. 182. supra.
F. 44
690 APPENDIX III.
think expedient; provided that on making and carrying into
effect any such order, care shall be taken that the mode in which
any particular elector has voted shall not be discovered until
he has been proved to have voted, and his vote has been declared
by a competent court to be invalid.
42. All documents forwarded by a returning officer in pur-
suance of this Act to the Clerk of the Crown in Chancery, other
than ballot papers and counterfoils, shall be open to public
inspection ,at such time and under such regulations as may be
prescribed by the Clerk of the Crown in Chancery, with the
consent of the Speaker of the House of Commons, and the Clerk
of the Crown shall supply copies of or extracts from the said
documents to any person demanding the same, on payment of
such fees and subject to such regulations, as may be sanctioned
by the Treasury.
43. Where an order is made for the production by the Clerk
of the Crown in Chancery of any document in his possession
relating to any specified election, the production by such clerk or
his agent of the document ordered, in such manner as may be
directed by such order, or by a rule of the court having power
to make such order, shall be conclusive evidence that soich docu-
ment relates to the specified election; and any endorsement
appearing on any packet of ballot papers produced by such Clerk
of the Crown or his agent shall be evidence of such papers being
what they are stated to be by the endorsement. The production
from proper custody of a ballot paper purporting to have been
used at any election, and of a counterfoil marked with the same
printed number and having a number marked thereon in writing,
shall be prima facie evidence that the person who voted by such
ballot paper was the person who at the time of such election had
affixed to his name in the register of voters at such election the
same number as the number written on such counterfoil.
General Provisions.
44. The return of a member or members elected to serve in
Parliament for any county or borough shall be made by a cer-
tificate of the names of such member or members under the hand
of the returning officer endorsed on the writ of election for such
county or borough, and such certificate shall have effect and be
dealt with in like manner as the return under the existing law,
and the returning officer may, if he think fit, deliver the writ
with such certificate endorsed to the postmaster of the principal
post office of the place of election, or his deputy, and in that
case he shall take a receipt from the postmaster or his deputy
for the same; and such postmaster or his deputy shall then
forward the same by the first post, free of charge, under cover, to
the Clerk of the Crown, with the words " Election Writ and
lieturn " endorsed thereon.
45. The returning officer shall, as soon as possible, give public
notice of the names of the candidates elected, and, in the case
of a contested election, of the total number of votes given for
each candidate, whether elected or not.
BALLOT ACT, 187^. 691
46. Where the returning officer is required or authorised by
this Act to give any public notice, he shall carry such require-
ment into effect by advertisements, placards, handbills, or such
other means as he thinks best calculated to afford information
to the electors.
47. The returning officer may, if he think fit, preside at any.
polling .station, and the provisions of this Act relating to a
presiding officer shall apply to such returning officer with the
necessary modifications as to things to be done by the returning
officer to the presiding officer, or the presiding officer to the
returning officer.
48. In the case of a contested election for any county or
borough, the returning officer may, in addition to any clerks,
appoint competent persons to assist him in counting the votes.
49. No person shall be appointed by a returning officer for
the .purposes of an election who has been employed by any other
person in or about the election.
50. The presiding officer may do, by the clerks appointed to
assist him, any act which he is required or authorised to do by
this Act at a polling station except ordering the arrest, exclu-
sion, or ejection from the polling station of any person.
51. A candidate may himself undertake the duties which any
agent of his if appointed might have undertaken, or may assist
his agent in the performance of such duties, and may be present
at any place at which his agent may, in pursuance of this Act,
attend.
52. The name and address of every agent of a candidate
appointed to attend the counting of the votes shall be transmitted
to the returning officer one clear day at least before the opening
of the poll ; and the returning officer may refuse to admit to the
place where the votes are counted any agent whose name and
address has not been so transmitted, notwithstanding that his
appointment may be otherwise valid, and any notice required to
be given to an agent by the returning officer may be delivered
at or sent by post to such address.
53. If any person appointed an agent by a candidate for the
purposes of attending at the polling station or at the counting
of the votes dies, or becomes incapable of acting during the
time of the election, the candidate may appoint another agent
in his place, and shall forthwith give to the returning officer
notice in writing of the name and address of the agent so
appointed.
54. Every returning officer, and every officer, clerk, or agent
authorised to attend at a polling station, or at the counting of
the votes, shall, before the opening of the poll, make a statutory
declaration of secrecy, in the presence, if he is the returning
officer, of a justice of the peace, and if he is any other officer
or an agent, of a justice of the peace or of the returning officer;
but no such returning officer, officer, clerk, or agent as aforesaid
shall, save as aforesaid, be required, as such, to make any declara-
tion or take any oath on the occasion of any election.
55. Where in this Act any expressions are used requiring or
authorising or inferring that any act or thing is to be done in
the presence of the agents of the candidates, such expressions
44(2)
692 APPENDIX II f.
shall be deemed to refer to the presence of such agents of the
candidates as may be authorised to attend, and as have in fact
attended, at the time and place where such act or thing is being
done, -and the non-attendance of any agents or agent at such
time and place shall not, if such act or thing be otherwise duly
done, in anywise invalidate the act or thing done.
56. In reckoning time for the purposes of this Act, Sunday,
Christmas day, Good Friday, and any day set apart for a public
fast or thanksgiving, shall be excluded; and where anything is
required by this Act to be done on any day which falls on the
above-mentioned days such thing may be done on the next day,
unless it is one of the days excluded as above mentioned.
57. In this Acte-
The expression " district borough " means the borough of
Monmouth and any of the boroughs specified in Sche-
dule E. to the Act of the session of the second and third
years of the reign of King William the Fourth, chapter
forty-five, intituled " An Act to amend the Representa-
" tion of the People in England and Wales "; and
The expression " polling place " means, in the case of a
borough, such borough or any part thereof in which a
separate booth is required or authorised by law to be
provided; and
The expression " agents of the candidates," used in relation
to a polling station, means agents appointed in pursuance
of section eighty-five of the Act of the session of the
sixth and seventh years of the reign of Her present
Majesty, chapter eighteen.
Modifications in Application of Part One of Schedule to
Scotland.
58. [Repealed by sect. 47 (1) of the present Act (a}.']
59. In Scotland, the candidates may respectively appoint agents
to attend at the polling stations. The ballot papers and other
documents other than the return required to be sent to and kept
by the Clerk of the Crown in Chancery, shall, in Scotland, be
kept by the sheriff clerks of the respective counties in which the
returns (including those for burghs) are made, and the pro-
visions of this schedule relating thereto shall be construed as
if the sheriff clerk were substituted for Clerk of the Crown in
Chancery.
60. In Scotland, the term " district borough " shall mean the
combined burghs and towns specified in Schedule E. of the Act
of the session of the second and third years of the reign of
King William the Fourth, chapter sixty-five, intituled " An Act
" to amend the Representation of the People in Scotland; " and
in Schedule A. of the Representation of the People (Scotland)
Act, 1868.
61. The provisions of the Act of the session of the second >and
third years of the reign of King William the Fourth, chapter
sixty-five, intituled " An Act to amend the Representation of
" the People in Scotland," in so far as they relate to the fixing
(a) See pp. 337, 396, supra.
BALLOT ACT, 1872. 693
and announcement of the day of election, the interval to elapse
between the receipt of the writ and the day of election, tha
period of adjournment for taking the poll in the case of Orkney
and Shetland, and of the district of burghs comprising Kirk-
wall, Wick, Dornoch, Dingwall, Tain, and Cromarty, and to the
keeping open of the poll for two consecutive days in the case
of Orkney and Shetland, shall remain in full force and effect,
anything in this Act or any other Act of Parliament now in
force notwithstanding; but nothing herein contained shall be
construed to exclude Orkney and Shetland or Orkney or Shet-
land, or the said district of burghs, or any of the burghs in the
said district, from any of the benefits and obligations of the other
portions of this Act.
Modifications in Application of Part One of Schedule to
Ireland.
62. The expression " Clerk of the Crown in Chancery " in this
schedule shall mean, as regards Ireland, " the Clerk of the Crown
" and Hanaper in Ireland."
63. A presiding officer at a polling station in a county in Ire-
land need not be a freeholder of the county.
PART II,
RULES FOR MUNICIPAL ELECTIONS.
64. In the application of the provisions of this schedule to
municipal elections the following modifications shall be made:
(a) The .expression " register of voters " means the burgess
roll of the burgesses of the borough, or, in the case of
an election for the ward of a borough, the ward list;
and the mayor shall provide true copies of such register
for each polling station:
(b) All ballot papers and other documents which, in the case
of a parliamentary election, are forwarded to the Clerk
of the Crown in Chancery shall be delivered to the town
clerk of the municipal borough in which the election is
held, and shall be kept by him among the records of
the borough; and the provisions of part one of this
^schedule with respect to the inspection, production, and
destruction of such ballot papers and documents, and
to the copies of such documents, shall apply respectively
to the ballot papers and documents so in the custody of
the town clerk, with these modifications; namely,
(a) An order of the county court having jurisdiction
in the borough, or any part thereof, or of any tribunal
in which a municipal election is questioned, shall be
substituted for an order of the House of Commons or
of one of Her Majesty's Superior Courts; but an appeal
from such county court may be had in like manner as
in other cases in such county court;
(b) The regulations for the inspection of documents
and the fees for the supply of copies of documents of
which copies are directed to be supplied, shall be pre-
694 APPENDIX III.
scribed by the council of the borough with the consent
of one of Her Majesty's Principal Secretaries of State;
and, subject as aforesaid, the town clerk, in respect of
the custody and destruction of the ballot papers and
other documents coming into his possession in pursuance
of this Act, shall be subject to the directions of the
council of the borough:
(c) Nothing in this schedule with respect to the day
"le poll shall apply to a municipal election.
(c)
of th(
Modifications in Application of Part 11. of Schedule to
Scotland.
65. In part two of this schedule as applying to Scotland
The expression " register of voters " means the register,
list, or roll of persons entitled to vote in a municipal
election made up according to the law for the time being in
force.
The expression " county court " means the sheriff court.
The expression " town clerk " includes the clerk appointed
by the Commissioners of Police under the Act of the
session of the thirteenth and fourteenth years of the reign
of Her present Majesty, chapter thirty-three, intituled
" An Act to make more effectual provision for regulating
" the police of towns and populous places in Scotland,
" and for paving, draining, cleansing, lighting, and im-
" proving the same," and of the General Police and
Improvement (Scotland) Act, 1862.
Modifications in Application of Part II. of Schedule to
Ireland.
66. In part two of this schedule as applying to Ireland
The expression " register of voters," in addition to the mean-
ing specified in such part, means, in relation to any muni-
cipal borough subject to the provisions of a Local Act
requiring an annual revision of the lists of voters at muni-
cipal elections, the register of voters made in conformity
with the said provisions of such Local Act, and in relation
to municipal boroughs to which Part II. of the Local
Government (Ireland) Act, 1871, applies, the list to be
made under the provisions of section twenty-seven of the
said Act, and in relation to other municipal boroughs a
list which the town clork of every municipal borough is
hereby authorised and directed to make, in like manner
in every respect as if the provisions of the said section
were applicable to and in force within such municipal
borough.
The expression " county court " means the Civil Bill Court.
The expression " town clerk " includes clerk to the commis-
sioners, municipal commissioners, town commissioners, or
township commissioners of any municipal borough, and
any person executing the duties of such town clerk.
BALLOT ACT, 1872. 695
The expression " council of the borough " includes commis-
sioners, municipal commissioners, and town commissioners
of the town, and township commissioners of the township.
The expression " one of Her Majesty's Principal Secretaries
of State " means the Chief Secretary of the Lord Lieu-
tenant of Ireland.
SECOND SCHEDULE.
Note. The forms contained in this schedule, or forms as nearly
resembling the same as circumstances will admit, shall be used
in all cases to which they refer and are applicable, and when
so used shall be sufficient in law.
Writ for a County or Borough at a Parliamentary Election.
* Victoria, by the Grace of God, of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith, to the
f of the county [or borough] of , greeting:
$ Whereas by the advice- of our Council we have ordered a
Parliament to be holden at Westminster on the day of
next. We command you that, notice of the time and
place of election being first duly given, you do cause election
to be made according to law of members [or a member]
to serve in Parliament for the said county [or the division
of the said county, or the borough, or as the case may 6e] of
and that you do cause the names of such members [or
member] when so elected, whether they [or he] be present or
absent, to be certified to us, in our Chancery, without delay.
Witness ourself at Westminster, the day of
in the year of our reign, and in the year of our
Lord 18 .
Label or direction of Writ.
To the f of
A writ of a new election of members [or member] for the
said county [or division of a county or borough, or as the case
may be'].
Endorsement.
Received the within writ on the day of 18 .
(Signed) A. B.,
High Sheriff [or Sheriff, or Mayor, or as the case may be].
Certificate endorsed on the Writ.
I hereby certify, that the members [or member] elected for
in pursuance of the within-written writ, are [or is]
696 APPENDIX III.
A. B. of in the county of and 0. D. of in
the county of
(Signed) A. B.,
High Sheriff \_or Sheriff, or Mayor, or as the case may be"].
Note. A separate writ will be issued for each county as
denned for. the purposes of a parliamentary election.
* The name of the Sovereign may be altered when necessary.
t Insert " sheriff " or other returning officer.
J This preamble to be omitted except iu ca-e of a general election.
Except in a general election, insert here ''in the place of A. B.,
deceased," or otherwise, stating the cause of vacancy.
Form of Notice of Parliamentary Election.
The returning officer of the of will, on the
day of now next ensuing, between the hours of
and , proceed to the nomination, and, if there is
no opposition, to the election, of a member [or members] for
the said county [or division of a county or borough] at the *.
Forms of nomination paper may be obtained at *,
between the hours of and on
Every nomination paper must be signed by two registered
electors as proposer and seconder, and by eight other registered
electors as assenting to the nomination.
Every nomination paper must be delivered to the returning
officer by the candidate proposed, or by his proposer and seconder,
between the said hours of and on the said
day of at the said *.
Each candidate nominated, and his proposer and seconder, and
one other person selected by the candidate, and no other persons,
are entitled to be admitted to the room.
In the event of the election being contested, the poll will
take place on the day of
(Signed) A. B.,
Sheriff [or Mayor, or as the case may be].
day of 18 .
Take notice, that all persons who are guilty of bribery, treat-
ing, undue influence, personation, or other corrupt practices at
the said election will, on conviction of such offence, be liable to
the penalties (u) mentioned in that behalf in " The Corrupt Prac-
tices Prevention Act, 1854," and the Ballot Act, 1872, and the
Acts amending the said Acts.
* NOTE. Insert depcription of pKee and room.
() See pp. 287 289, 293294, supra.
BALLOT ACT, 1872.
697
Form of Nomination Paper in Parliamentary Election,
We, the undersigned A. B. of in the of
and 0. D. of in the of , being electors for
the of , do hereby nominate the following person
as a proper person to serve as member for the said in
Parliament:
Surname.
BROWN
Other Names.
JOHN
Abode.
Rank
Profession, or
Occupation .
52, George St., i Merchant.
Bristol.
or
JONES WILLIAM DAVID... High Elms, Wilts \ Esquire.
or
MERTON j Hon. GEORGE TRA- i Bwanworth, Berks : Viscount,
vis, commonly i
called Viscount.
SMITH
or
HENRY SYDNEY.
i 72, High St., Bath Attorney.
(Signed) A. B.
C.D.
We, the undersigned, being registered electors of the ,
do hereby assent to the nomination of the above-mentioned John
Brown as a proper person to serve as member for the said
in Parliament.
(Signed) E. F. of
G. H. of
I. J. of
K. L. of
M. N. of
O. P. of
Q. R. of
S. T. of
Note. Where a candidate is an Irish peer, or is commonly
fcnown by some title, he may be described by his title a"s if it
were his surname.
Form of Nomination Paper in Municipal Election.
Note. The form of nomination paper in a municipal election
-shall as nearly as circumstances admit be the same as in the case
of a parliamentary election.
698
APPENDIX III.
Counterfoil
No.
NOTE:
The counter-
foil is to have a
number to cor-
respond tvith
that on ihr
back of the
Ba lot Paper.
Form of Ballot Paper.
Form of Front of Ballot Paper.
BROWN
(John Brown, of 52, George St.,
Bristol , merchant. )
e*e
m
JONES
(William David Jones, of High
Elms, Wilts, Esq.)
MEETON
(Hon. George Travis, commonly
called Viscount Morton, of
Swanworth, Berks.)
SMITH
(Henry Sydney Smith, of 72, High
Street, Bath, attorney.)
No.
Form of Back of Ballot Paper.
Election for
18
county [or borough, or ward].
Note. The number on the ballot paper is to correspond with
that in the counterfoil.
Directions as to printing Ballot Paper.
Nothing is to be printed on the ballot paper except in accor-
dance with this schedule.
The surname of each candidate, and if there are two or more
candidates of the same surname, also the other names of such
candidates, shall be printed in large characters, as shown in
the form, and the names, addresses, and descriptions, and the
number on the back of the paper, shall be printed in small
characters.
Form of Directions for the Guidance of the Voter in voting,
which shall be printed in conspicuous Characters, and
fflacarded outside every Polling Station and in every Com-
partment of every Polling Station.
The voter may vote for candidate
The voter will go into one of the compartments, and, with the
pencil provided in the compartment, place a cross on the right-
hand side, opposite the name of each candidate for whom he
votes, thus X
BALLOT ACT, 1872. 699
The voter will then fold up the ballot paper so as to show the
official mark on the back, and leaving the compartment will,
without showing the front of the paper to any person, show the
official mark on the back to the presiding officer, and then, in the
presence of the presiding officer, put the paper into the ballot box,
and forthwith quit the polling station.
If the voter inadvertently spoils a ballot paper, he can return
it to the officer, who will, if satisfied of such inadvertence, give
him another paper.
It' the voter votes; for more than candidate , or places any
mark on the paper by which he may be afterwards identified, his
ballot paper will be void, and will not be counted.
If the voter takes a ballot paper out of the polling station, or
deposits in the ballot box any other paper than the one given
him by the officer, he will be guilty of a misdemeanor, and be
subject to imprisonment for any term not exceeding six months,
with or without hard labour.
Note. These directions shall be illustrated by examples of
the ballot paper.
Form of Statutory Declaration of Secrecy.
I solemnly promise and declare, That I will not at this election
for do anything forbidden by section four of The Ballot
Act, 1872, which has been read to me.
Note. The section must be read to the declarant by the person
taking the declaration.
Form of Declaration of inability to read.
I, A. B., of , being numbered on the Register of
Voters for the county [or borough] of , do hereby declare
that I am unable to read.
A. B., his mark.
day of
I, the undersigned, being the presiding officer for the
polling station for the county [or borough] of , do
hereby certify, that the above declaration, having been first read
to the above-named A. B., was signed by him in my presence
with his mark.
(Signed) C.D.,
Presiding officer for polling station for the
county \_or borough] of
day of
700
APPENDIX III.
THIED SCHEDULE.
Provisions of Eegistration Acts referred to in Part III. of the
foregoing Act.
Session and
Chapter.
& 7 Viet,
c. 18.
Title.
Part applied.
As to England.
An Act to amend the law for the Sections eighty- five to
registration of persons entitled eighty-nine, both in-
to vote, and to define certain elusive,
rights of voting, and to re-
gulate certain proceedings in
the elections of members to
serve in Parliament for
England and Wales.
13 & 14 Viet,
c. 69.
As to Ireland.
An Act to amend the laws which Sections ninety -two to
regulate the qualification and
registration of parliamentary
voters in Ireland, and to alter
the law for rating immediate
lessors of premises to the poor
rate in certain boroughs.
ninety- six, both in-
clusive.
PARLIAMENTARY ELECTIONS (RETURNING
OFFICERS) ACT, 1875 (38 & 39 VICT. c. 84) (Z).
An Act to regulate the Expenses and to control the Charges of
Returning Officers at Parliamentary Elections.
[13th August, 1875.]
[Preamble.]
1. Construction of Act. The Ballot Act, 1872, as modified
by this Act, and this Act shall be construed as one Act.
This Act shall apply only to parliamentary elections (m).
2. Payments to returning officers. The returning officer at
an election shall be entitled to his reasonable charges, not exceed-
ing the sums mentioned in the First Schedule to this Act, in
respect of services and expenses of the several kinds mentioned
(I) Sects. 2, 3, 4, 5 and 7 of the above-mentioned Act and the schedules
thereto are repealed by sect. 47 (1) of the present Act, except so far as
those sections and schedules apply to elections other than Parliamentary
elections. The Act was made permanent by sect. 3o of the present Act.
See p. 27^, supra.
(m) See preceding footnote, and see also sect. 75 (17), (18), (19) of the
Local Government Act, 1888, by which some of the provisions of the
Parliamentary Elections (Returning Officers) Act, 187<% are applied to
local government elections.
PARLIAMENTARY ELECTIONS ACT, 187%. 701
in the said schedule, which have been properly rendered or
incurred by him for the purposes of the election.
The amount of such charges shall be paid by the candidates at
the election in equal several shares, or where there is only one
candidate, by such candidate. If a candidate is nominated with-
out his consent, the persons by whom his nomination is subscribed
shall be jointly and severally liable for the share of the charges
for which he would be liable if he were nominated with his
consent.
A returning officer shall not be entitled to payment for any
other services or expenses, or at any greater rates than as in the
said schedule mentioned, any law or usage to the contrary not-
withstanding (n}.
3. Returning officer may require deposit or security. The
returning officer, if he think fit, may, as herein-after provided,
require security to be given for the charges which may become
payable under the provisions of this ,Act in respect of any election.
The total amount of the security which may be required in
respect of all the candidates at an election shall not in any case
exceed the sums prescribed in the Third Schedule to this Act.
Where security is required by the returning officer it shall
be apportioned and given as follows; viz.,
(1) At the end of the two hours appointed for the election the-
returning officer shall forthwith declare the number of
the candidates who then stand nominated, and shall, if
there be more candidates nominated than there are-
vacancies to be filled up, apportion equally among them
the total amount of the required security:
(2) Within one hour after the end of the two hours aforesaid.,
security shall be given, by or in respect of each can-
didate then standing nominated, for the amount so-
apportioned to him:
(3) If in the case of any candidate security is not given or
tendered as herein mentioned, he shall be deemed to
be withdrawn within the provisions of the Ballot Act,
1872:
(4) A tender of security in respect of a candidate may be made
by any person:
(5) Security may be given by deposit of any legal tender or of
notes of any bank being commonly current in the county
or borough for which the election is held, or, with the
consent of the returning officer, in any other manner:
(6) The balance (if any) of a deposit beyond the amount to
which the returning officer is entitled'in respect of any
candidate shall be repaid to the person or persons by
whom the deposit was made (o).
4. The accounts of a returning officer may be taxed. Within
twenty-one days after the day on which the return is made of
the persons elected at the election, the returning officer shall
transmit to every candidate or other person from whom he claim?
() See note ()}, p. 700, supra.
(o] See note (;), p. 700, supm.
APPENDIX III.
payment either out of any deposit or otherwise of any charges
in respect of the election, or to the agent for election expenses
of any such candidate, a detailed account showing the amounts
of all the charges claimed by the returning officer in respect of
the election, and the share thereof which he claims from the
person to whom the account is transmitted. He shall annex to
the account a notice of the place where the vouchers relating to
the account may be seen, and he shall at all reasonable times and
without charge allow the person from whom payment is
claimed, or any agent of such person, to inspect and take copies
of the vouchers.
The returning officer shall not be entitled to any charges which
are not duly included in his account.
If the person from whom payment is claimed objects to any
part of the claim, he may, at any time within fourteen days from
the time when the account is transmitted to him, apply to the
court as defined in this section for a taxation of the account, and
the court shall have jurisdiction to tax the account in such
manner and at such time and place as the court thinks fit, and
finally to determine the amount payable to the returning officer
and to give and enforce judgment for the same as if such judg-
ment were a judgment in an action in such court, and with or
without costs at the discretion of the court.
The court for the purposes of this Act shall be in the city of
London the Lord Mayor's Court, and elsewhere in England the
County Court, and in Ireland the Civil Bill Court, having juris-
diction at the place of nomination for the election to which the
proceedings relate.
The court may depute any of its powers or duties under this
Act to the registrar or other principal officer of the court.
Nothing in this section shall apply to the charge of the return-
ing officer for publication of accounts of election expenses (p}.
5. Claims against a returning officer. Every person having
any claim against a returning officer for work, labour, materials,
services, or expenses in respect of any contract made with him by
-or on behalf of the returning officer for the purposes of an elec-
tion, except for publication of accounts of election expenses,
shall, within fourteen days after the day on which the return is
made of the person or persons elected at the election, transmit
to the returning officer the detailed particulars of such claim in
writing, and the returning officer shall not be liable in respect of
.anything which is not duly stated in such particulars.
Where application is made for taxation of the accounts of a
returning officer, he may apply to the court as defined in this Act
to examine any claim transmitted to him by any person in pur-
suance of this section, and the court after notice given to such
person, and after hearing him, and any evidence tendered by
him, may allow or disallow, or reduce the claim objected to, with
or without costs, and the determination of the court shall be final
for all purposes, and as against all persons (g).
(p] See note (;), p. 700, supra.
(q) See note (>), p. 700, supra.
PARLIAMENTARY ELECTIONS ACT, 1875. 703
6. Use of ballot boxes, &c. provided for municipal elections.
In any case to which the fourteenth section of the Ballot Act,
1872, is applicable, it shall be the duty of the returning officer,
.so far as is practicable, to make use of ballot boxes, fittings,
and compartments provided for municipal or school board elec-
tions, and the court, upon taxation of his accounts, shall have
regard to the provisions of this section.
7. Notices to be given by returning officers. There shall be
added to every notice of election to be published under the pro-
visions of the Ballot Act, 1872, the notification contained in the
Second Schedule to this Act with respect to claims against return-
ing officers (r).
8. Saving of the universities. Nothing in this Act shall apply
to an election for any university or combination of universities.
10. Short title. This Act may be cited for all purposes as
the " Parliamentary Elections (Eeturning Officers) Act, 1875."
11. Not to apply to Scotland. This Act shall not apply to
Scotland.
SCHEDULES (r).
FIEST SCHEDULE.
CHARGES OF RETURNING OFFICERS.
The following are the maximum charges to be made by the
returning officer, but the charges are in no case to exceed the
sums actually and necessarily paid or payable.
PART I. COUNTIES AND DISTRICT OR CONTRIBUTORY BOROUGHS.
This Part of this Schedule applies to an election for a county,
or for either of the boroughs of Aylesbury, Cricklade, Mon-
mouth, East Retford, Stroud, and New Shoreham, or for
any borough or burgh consisting of a combination of
separate boroughs, burghs, or towns.
For preparing and publishing the notice of
election.
For preparing and supplying the nomina-
tion papers.
For travelling to and from the place of
nomination, or of declaring the poll at
a contested election, per mile.
For hire or necessary fitting up of rooms or
buildings for polling, or damage or ex-
penses by or for use of such rooms or
buildings.
& s. d.
220
1 1 .0
1
The necessary expenses,
not exceeding at any
one polling station the
charge for constructing
and fitting a polling-
station.
(r) See note (m), p. 700, supra.
'04
APPENDIX III.
FIRST SCHEDULE PART I. continued.
For constructing a polling station, with its |
fittings and compartments, in England, j
And in Ireland the sum or sums pay- j
able under the provisions of the 13th
and 14th Victoria, chap. G8, and 35th
and 36th Victoria, chap. 33.
In Ireland the returning officer shall
use a court house where one is avail- \
able as a polling station, and his I
maximum charge for using and fit- j
ting the same shall in no case ex-
ceed three pounds three shillings.
For each ballot box required to be pur-
chased.
For the use of each ballot box, when hired.
For stationery at each polling station
For printing and providing ballot papers,
per thousand.
For each stamping instrument
s. d.
1
110
5
10
1 10
10
For copies of the register The sums payable by
! statute for the nece^-
For each presiding officer
For one clerk at each polling station where
not more than 500 voters are assigned to
such station.
For an additional clerk at a polling station
for every number of 500 voters, or frac-
tion thereof beyond the first 500 assigned
to such polling station.
For every person employed in counting
votes, not exceeding six such persons
where the number of registered electors
does not exceed 3,000, and one for every
additional 2,000 electors.
For making the return to the clerk of the
Grown.
For the preparation and publication of
notices (other than the notice of election) .
For conveyance of ballot boxes from the
polling stations to the place where the
ballot papers are to be counted, per mile.
For professional and other assistance in and
about the conduct of the election.
sary copies.
330
1 1
1 1
1 1
1 1
Not exceeding for the
whole of such notices
20^., and II. for every
additional 1,000 elec-
tors above 3,000.
010
In a contested election
not exceeding 25Z., and
an additional 31. for
every 1,000 registered
electors or fraction
thereof above 3,000 and
up to 10,000, and 27. for
every 1,000 or fraction
thereof above 10,000.
In an uncontested elec-
tion, one fifth of the
above sums.
PARLIAMENTARY ELECTIONS ACT, 1875. 705
FIRST SCHEDULE PART I. continued.
For travelling- expenses of presiding officers
and clerks, per mile.
For services and expenses in relation to
receiving- and publishing accounts of
election expenses, in respect of each can-
didate.
For all other expenses
s. d.
1
220
In a contested election,
not exceeding 10/., and
an additional II. for
every 1,000 electors or
fraction thereof above
1,000. In an uncon-
tested election, nil.
NOTE. Travelling expenses are not to be allowed in the case
of any person unless for distances exceeding two miles from the
place "at which he resides.
PART II. BOROUGHS.
This Part of the Schedule applies to all boroughs not included
in Part I. of this Schedule.
For preparing and publishing the notice of
election.
For preparing and supplying the nomina-
tion papers.
For hire or necessary fitting up of rooms
or buildings for polling, or damage or
expenses by or for use of such rooms or
buildings.
In England, for constructing a polling
station, with its fittings and compart-
ments, not exceeding two in number.
For each compartment required to be con-
structed, when more than two be used.
For the use of each compartment hired,
when more than two are used.
And in Ireland, in lieu of the charges
payable in respect of the foregoing last
three service?, the sum or sums payable
under the provisions of 13th and 14th
Victoria, chap. 68, and 35th and 36th
Victoria, chap. 33.
For each ballot box required to be pur-
chased.
For the use of each ballot box, when hired.
For stationery at each polling station
F.
s. d.
220
110
The necessary expense?,
not exceeding at any
one polling station the
charge for constructing
and fitting a polling
station.
770
110
050
1 1
050
10
45
706 APPENDIX III.
FIRST SCHEDULE PART II. continued.
For printing and providing ballot papers,
per thousand.
For each stamping instrument
For copies of the register
For each presiding officer
For one clerk at each polling station where
not more than 500 voters are assigned
to such station.
For an additional clerk at a polling station
for every number of 500 voters, or frac-
tion thereof beyond the first 500 assigned
to such station.
For every person employed in counting
votes, not exceeding six such persons
where the number of registered electors I
does not exceed 3,000, and one for every '
additional 2,000 electors.
For making the return to the clerk of the
Crown.
For the preparation and publication of
notices (other than the notice of election) .
&r professional and other assistance in and
about the conduct of the election.
For services and expenses in relation to !
receiving and publishing accounts of i
election expenses, in respect of each can- I
didate.
For all other expenses
,e x. <$.
i 10 o
10
The sums payable by
statute for the neces-
sary copies.
330
1 1
1 1
110
110
Not exceeding for the
whole of such notices
10/., and 17. for every
additional 1,000 elec-
tors above 1,000.
In a contested election,
not _ exceeding 20?., an
additional 11. for every
1,000 registered elec-
tors or fraction thereof
above 1,000 and up to
10,000, and 17. addi-
tional for every 1,000
or fraction thereof
above 10,000. In an un-
contested election one
fifth of the above sum.
1 1
Not exceeding 10/., and
an additional 17. for
every 1,000 electors
above the first 1,000.
NOTE to PARTS I. and II. of SCHEDULE I. The above sums
are the aggregate charges, the amount of which is to be appor-
tioned among the several candidates or other persons liable for
the same.
PARLIAMENTARY ELECTIONS ACT, 1875. 707
SECOND SCHEDULE O).
1. NOTIFICATION TO BE ADDED TO THE NOTICE OF ELECTION.
Take notice, that by the Parliamentary Elections (Returning
Officers) Act, 1875, it is provided that every person having any
claim against a returning officer for work, labour, materials,
services, or expenses in respect of any contract made with him
l)y or on behalf of the returning officer, for the purposes of an
election (except for publications of account of election expenses),
shall, within fourteen days after the day on which the return is
made of the person or persons elected at the election, transmit
to the returning officer the detailed particulars of such claim
in writing, and the returning officer shall not be liable in respect
of anything which is not duly stated in such particulars.
THIRD SCHEDULE O).
MAXIMUM AMOUNT OF SECURITY WHICH MAY BE REQUIRED BY A
RETURNING OFFICER.
Where the registered electors do not exceed
1,000.
Wliere the registered electors exceed 1,000 but
do not exceed 2,000.
Where the registered electors exceed 2,000 but
do not exceed 4,000.
Where the registered electors exceed 4,000 but
do not exceed 7,000.
Where the registered electors exceed 7,000 but
do not exceed 10,000.
Where the registered electors exceed 10,000 but
do not exceed 15,000.
Where the registered electors exceed 15,000 but
do not exceed 20,000.
Where the registered electors exceed 20,000 but
do not exceed 30,000.
Where the registered electors exceed 30,000....
County or
District of
Contributory
Borous-h.
150
200
275
400
550
700
800
900
1,000
Borough.
e
100
150
200
250
300
450
500
600
700
If at the end of the two hours appointed for the election, not
more candidates stand nominated than there are vacancies to
be filled up, the maximum amount which may be required is
one fifth of the maximum according to the above scale.
(m) See note (*), p. 700, supra.
45(2)
708 APPENDIX III.
PARLIAMENTARY ELECTIONS, RETURNING
OFFICERS EXPENSES (SCOTLAND) ACT,
1878 (41 & 42 VICT. c. 41) (w).
An Act to enable Returning Officers at Parliamentary Elections
in Scotland to require Security for their Expenses; and
otherwise to amend the Law of Scotland relating to such
Expenses. [8th August, 1878.]
[Preamble. J
1. Short title and construction of Act. This Act may be cited
for all purposes as the Parliamentary Elections, Returning
Officers Expenses (Scotland) Act, 1878, and the Ballot Act, 1872,
as modified by this Act, and this Act shall be construed as one
Act.
2. Extent of Act. This Act shall extend to Scotland only,
and only to parliamentary elections.
3. [Repealed by sect. 47 (1) of the present Act(o}.~\
4. Use of ballot boxes, &c. provided for municipal elections.
In any case to which the fourteenth section of the Ballot Act,
1872, is applicable, it shall be the duty of the returning officer,
so far as is practicable, to make use of ballot boxes, fittings,
and compartments provided for municipal or school board elec-
tions, and the court, upon taxation of his accounts, shall have
regard to the provisions of this section.
5. Saving of the universities. Nothing in this Act shall apply
to an election for any university or combination of universities.
PARLIAMENTARY ELECTIONS AND
CORRUPT PRACTICES ACT, 1880 (43
VICT. c. 18)(/?).
An Act to amend the Law relating to the Conveyance of Voters
to the Poll, and to continue the Acts relating to the Pre-
vention of Corrupt Practices at Parliamentary Elections and
the Acts relating to Election Petitions.
[24th March, 1880.]
[Preamble.]
1. Short title. This Act may be cited as the Parliamentary
Elections and Corrupt Practices Act, 1880.
2. Repeal of s. 36 of 30 & 31 Viet. c. 102, as to payment of
expenses of conveyance of voters. The thirty-sixth section of
the [Representation of the PeopH Act, 1867, shall be repealed so
far as concerns the conveyance of voters within any borough.
(n) This Act was made permanent by sect. 35 of the Representation of
the People Act, 1918. See p. 278, supra.
(o) See pp. 337, 397, supra.
(p) This Act was made permanent by sect. 35 of the Representation of
the People Act, 1918. See p. 278, supra.
CORRUPT PRACTICES ACT, 1880.
'09
3. Amendment of law as to parliamentary elections in Scot-
land. In all elections whatever of a member or members to
serve in Parliament for any county, division of a county, or for
any city or burgh, or district of burghs, in Scotland, no inquiry
shall be permitted at the time of polling as to the right of any
person to vote, except only as follows; (that is to say,) that the
presiding officer or clerk appointed by the returning officer to
attend at a polling station shall, if required on behalf of any
candidate, put to any voter at the time of his tendering his vote,
and not afterwards, the following questions, or either of them:
1. Are you the same person whose name appears as A. B.
on the register of voters now in force for the county
of [or for the division of the county
of ], or for the city [or burgh] of , or for
the district of burghs [as the case may &e]?
2. Have you already voted, either here or elsewhere, at this
election for the county of [or for the
division of the county of ], or for the city [or
burgh] of , or for the "district of burghs
[as the case f may be~]?
And if any person shall wilfully make a false answer to either
of the questions aforesaid, he shall be deemed guilty of a crime
and offence within the meaning of the Ballot Act, 1872.
4. Continuance of Acts. This Act and the Acts mentioned
in the Schedule to this Act, so far as they are unrepealed, shall
continue in force until the thirty-first day of December one
thousand eight hundred and eighty-one, and any enactments
amending or affecting the enactments continued by this Act shall,
in so far as they are temporary in their duration, be continued
in like manner.
SCHEDULE .
ACTS KEFEKEED TO.
Session and Chapter.
Title.
The Corrupt Practices Prevention Act, 1854.
An Act to continue and amend the Corrupt
17 & 18 Viet. c. 102.
21 & 22 Viet. c. 87.
Practices Prevention Act, 1854.
26 & 27 Viet. c. 29. ] An Act to amend and continue the Law relating
to Corrupt Practices at Elections of Members
of Parliament.
31 & 32 Viet. c. 125. The Parliamentary Elections Act, 1868.
32 & 33 Viet. c. 21.
34 & 35 Viet. c. 61.
42 & 43 Viet. c. 7.5.
The Corrupt Practices Commission Expenses Act,
1869.
The Election Commissioners Expenses Act, 1871.
The Parliamentary Elections and Corrupt Practices
Act, 1879.
710 APPENDIX III.
COEEUPT AND ILLEGAL PEACTICES PEE-
VENTION ACT, 1883 (45 & 46 VICT. c. 51) (p).
An Act for the better prevention of Corrupt and Illegal
Practices at Parliamentary Elections.
[25th August, 1883.]
[Pr earn ble.]
COBBUPT PRACTICES.
1. What is treating ().
2. What is undue influence (r).
3. What is corrupt practice. The expression " corrupt prac-
tice " as used in this Act means any of the following offences;
namely, treating and undue influence, as denned by this Act,
and bribery, and personation, as denned by the enactments set
forth in Part III. of the Third Schedule to this Act, and aiding,
abetting, counselling, and procuring the commission of the offence
of {personation, and every offence which is a corrupt practice
within the meaning of this Act shall be a corrupt practice within
the meaning of the Parliamentary Elections Act, 1868.
4. Punishment of candidate found, on election petition, guilty
personally of corrupt practices. Where upon the trial of an
election petition respecting an election for a county or borough
the election court, by the report made to the Speaker in pur-
suance of section eleven of the Parliamentary Elections Act,
1868, reports that any corrupt practice other than treating or
undue influence has been proved to have been committed in
reference to such election by or with the knowledge and consent
of any candidate at such election, or that the offence of treating
or undue influence has been proved to have been committed in
reference to such election by any candidate at such election,
that candidate shall not be capable of ever being elected to
or sitting in the House of Commons for the said county or
borough, and if he has been elected, his election shall be void;
and he shall further be subject to the same incapacities as if at
the date of the said report he had been convicted on an indict-
ment of a corrupt practice.
5. Punishment of candidate found, on election petition, guilty
by agents of corrupt practices. Upon the trial of an election
petition respecting an election for a county or borough, in which
a charge is made of any corrupt practice having been committed
in reference to such election, the election court shall report in
writing to the Speaker whether any of the candidates at such
election has been guilty by his agents of any corrupt practice
in reference to such election; and if the report is that any
candidate at such election has been guilty by his agents of any
(p) This Act was made permanent by sect. 35 of the Bepresentation of
the People Act, 1918. See p. 278, supra.
(#) The definition of treating given in this section is set out on pp. 291
292, supra.
(>) The definition of undue influence given in this section is set out on.
p. 292, supra.
CQKRUPT PRACTICES ACT, 1883. 711
corrupt practice in reference to such election, that candidate shall
not be capable of being elected to or sitting in the House of
Commons for such county or borough for seven years after the
date of the report, and if he has been elected his election shall
be void.
6. Punishment of person convicted on indictment of corrupt
practices (#).
ILLEGAL PRACTICES (u).
[Sects. 712.]
12. Extension of 15 & 16 Viet. c. 57, respecting electio'n
commissioners to illegal practices .
ILLEGAL PAYMENT, EMPLOYMENT, AND HIRING (#).
[Sects. 1321.]
EXCUSE AND EXCEPTION FOR CORRUPT OR ILLEGAL PRACTICE on
ILLEGAL PAYMENT, EMPLOYMENT, OR HIRING (y}.
22. Report exonerating candidate in certain cases of corrupt
and illegal \practice by agents (2) .
23. Power of High Court and election court to except innocent
act from being illegal practice (a].
ELECTION EXPENSES.
[Sects. 2435.]
24. Nomination of election agent. (1) On or before the day
of nomination at an election, a person shall be named by or on
behalf of each candidate as his agent for such election (in this
Act referred to as the election agent).
(2) A candidate may name himself as election agent, and
thereupon shall, so far as circumstances admit, be subject to
the provisions of this Act both as a candidate and as an election
agent, and any reference in this Act to an election agent shall
be construed to refer to the candidate acting in his capacity
of election agent.
(3) On or before the clay of nomination the name and address
of the election agent of each candidate shall be declared in
writing by the candidate or some other person on his behalf
to the returning officer, and the returning officer shall forthwith
give public notice of the name and address of every election
agent so declared.
(4) One election agent only shall be appointed for each can-
didate, but the appointment, whether the election agent appointed
t] See pp. 27427"), supra, where sect. 6 (1), (3), (4), are set out, and
pp. 287. 288. where the effect of sect. 6 (2) is given.
if Fur a list of these, see pp. 294 299, supra.
(x) As to what constitutes illegal payment, employment, and hiring-
respectively, see pp. 299300, 300301, and 301302, supra, respectively'
(7/1 As to this, see the Author's " Law of Parliamentary Elections and
Election Petitions," 2nd ed., pp. 178187.
{z} Ititl. p. 178181.
(a Mid. p. 181187.
712 APPENDIX III.
be the candidate himself or not, may be revoked, and in the event
of such revocation or his death, whether such event is before,
during, or after the election, then forthwith another election
agent shall be appointed, and his name and address declared in
writing to the returning officer, who shall forthwith give public
notice of the same.
25. Nomination of deputy election agent as sub-agent.
26. Office of election agent and sub-agent.
27. Malting of contracts through election agent.
28. Payment of expenses through election agent.
29. Period for sending in claims and making payments for
election expenses.
30. Reference to taxation of claim against candidates.
31. Personal expenses of candidate and petty expenses.
(1) The candidate at an election may pay any personal expenses
incurred by him on account of or in connexion with or incidental
to such election to an amount not exceeding one hundred pounds,
but any further personal expenses so incurred by him shall be
paid by his election agent.
(2) The candidate shall send to the election agent within the
time limited by this Act for sending in claims a written state-
ment of the amount of personal expenses paid as aforesaid by
such candidate.
(3) Any person may, if so authorised in writing by the election
agent of the candidate, pay any necessary expenses for stationery,
postage, -telegrams, and other petty expenses, to a total amount-
not exceeding that named in the authority, but any excess above
the total amount so named shall be paid by the election agent.
(4) A statement of the particulars of payments made by any
person so authorised shall be sent to the election agent within
the time limited by this Act for the sending in of claims, and
shall be vouched for by a bill containing the receipt of that
person .
32. Remuneration of election agent . . . . (1) So far as cir-
cumstances admit, this Act shall apply to a claim for his remu-
neration by an election agent and to the payment thereof in like
manner as if he were any other creditor, and if any difference
arises respecting the amount of such claim the claim shall be a
disputed claim within the meaning of this Act, and be dealt
with accordingly.
(2) ... ($.
33. Return and declaration (c) respecting election ex-
penses (d) .
34. Authorised excuse for non-compliance ivith provisions as
to return and declaration respecting election expenses.
35. Publication of summary of return of election expenses (d).
(b) Repealed by the present Act. See sect. 47 (1), p. 337. /;:r, and
p. 398. supra.
(c) The effect of part of this section is given on p. 264, iwprct.
(d) As to repeal of part of this section by Ihe present Art, see i-eet.
47 (1), p. 337, wpra, and p. 398, supra.
CORRUPT PRACTICES ACT, 1883. 713
DISQUALIFICATION OF ELECTORS.
36. Prohibition of persons guilty of corrupt or illegal prac-
tices, &c. from voting. Every person guilty of a corrupt or
illegal practice or of illegal employment, payment, or hiring at
an election is prohibited from voting at such election, and if any
such person votes his vote shall be void.
37. Prohibition of disqualified persons from voting. Every
person who, in consequence of conviction or of the report of any
election court or election commissioners under this Act, or under
the Corrupt Practices (Municipal Elections) Act, 1872, or under
Part IV. of the Municipal Corporations Act, 1882, or under any
other Act for the time being in force relating to corrupt practices
at an election for any public office, has become incapable of voting
at any election, whether a parliamentary election or an election
to any public office, is prohibited from voting at any such election,
and his vote shall be void.
38. Hearing of person before he is reported guilty of corrupt
or illegal practice, and incapacity of person reported guilty (e).
39. List in register of voters of persons incapacitated for
voting by corrupt or illegal practices. (1) The registration
officer in every county and borough .shall annually make out a
list [containing the names and description of all persons who,
though otherwise qualified to vote at a parliamentary election
for such county or borough respectively, are not capable of
voting by reason of having after the commencement of this Act
been found guilty of a corrupt or illegal practice on conviction
or by the report of any election court or election commissioners
whether under this Act, or under Part IV. of the Municipal Cor-
porations Act, 1882, or under any other Act for the time being in
force relating to a parliamentary election or an election to any
public office; and such officer shall state in the list (in this Act
referred to as the corrupt and illegal practices list), the offence
of which each person has been found guilty.
(2) Por the purpose of making out such list he shall examine
the report of any election court or election commissioners who
have respectively tried an election petition or inquired into an
election where the election (whether a parliamentary election or
an election to any public office) was held in any of the following
places; that is to say,
(a) if he is the registration officer of a county, in that county,
or in any borough in that county; and
(b) if he is the registration officer of a borough, in the county
in which such borough is situate, or in any borough in
that countjr.
(3) (/).-.
(4) Any person named in the corrupt and illegal practices list
may claim to have his name omitted therefrom, ana any person
entitled to object to any list of voters for the county or "borough
may object to the omission of the name of any person from such
list. Such claims and objections shall be sent in within the
same time and be dealt with in like manner, and any such objec-
(e) For the effect of part of sub- Beet. (5) of this section, see p. 7, mpi'f.
(/) This sub-section is repealed by the present Act. See sect. 47 (1 ;,
p. 337, supra, and p. 398, supra.
714 APPENDIX III.
tion shall bo served on the person referred to therein in liko
manner, as nearly as circumstances admit, as other claims and
objections under the enactments relating to the registration of
parliamentary electors.
*****
(8) The corrupt and illegal practices list shall be appended to
the register of electors, and shall be printed and published there-
with wherever the same is printed or published.
PROCEEDINGS ON ELECTION PETITION.
[Sects. 4044.]
40. Time for presentation of election petitions alleging illegal
practice.
41. Withdrawal of election petition.
42. Continuation of trial of election petition.
43. Attendance of Director of public prosecutions on trial
of election petition, and prosecution by him of offenders.
44. Power to election court to order payment by county or
borough or individual of costs of election petition.
MISCELLANEOUS.
46. Removal of incapacity on proof that it was procured by
perjury.
47. K) V- :
48. Conveyance of voters by sea in certain cases.
LEGAL PROCEEDINGS.
50. Trial in Central Criminal Court of indictment for corrupt
practice at instance of Attorney-General.
51. Limitation of time for prosecution of offence.
52. Persons charged with corrupt practice may be found guilty
of illegal practice.
54. Prosecution on summary conviction, and appeal to quarter
sessions. (1) All offences under this Act punishable on sum-
mary conviction may be prosecuted in manner provided by the
Summary Jurisdiction Acts.
(2) A person aggrieved by a conviction by a court of summary
jurisdiction for an offence under this Act may appeal to general
or quarter sessions against such conviction.
SUPPLEMENTAL PROVISIONS, DEFINITIONS, SAVINGS, AND REPEAL.
59. Obligation of witness to answer, and certificate of
indemnity.
61. Breach of duty by, officer. (1) Section eleven of the Ballot
Act, 1872, shall apply to a returning officer or presiding officer
01* iclcrk who is guilty of any wilful misfeasance or wilful act
or omission in contravention of this Act in like manner as if the
same were in contravention of the Ballot Act, 1872.
(2) Section ninety-seven of the Parliamentary Registration
Act, 1843, shall apply to every registration officer who is guilty
of any wilful misfeasance or wilful act of commission or omission
(gr) This section is repealed by the present Act. See sect. 47 (1),
p. 337, supra, and p. 398, supra.
CORRUPT PRACTICES ACT, 1883. 715
contrary to this Act in like manner as if the same were contrary
to the Parliamentary Kegistration Act, 1843.
62. Publication and service of notices.
63. Definition of candidate, and saving for persons nominated
without consent. (1) In the Corrupt Practices Prevention Acts,
as amended by this Act, the expression u candidate at an elec-
tion ' and the expression " candidate " respectively mean, unless
the context otherwise requires, any person elected to serve in
Parliament at such election, and any person who is nominated
as a candidate at such election, or is declared by himself or by
others to be a candidate, on or after the day of the issue of the
writ for such election, or after the dissolution or vacancy in
consequence of which such writ has been issued;
(2) Provided that where a person has been nominated as a
candidate or declared to be a candidate by others, then
(a) If he was so nominated or declared without his consent,
nothing in this Act shall be construed to impose any
liability on such person, unless he has afterwards given
his assent to such nomination or declaration or has been
elected; and
(b) If he was so nominated or declared, either without his
consent or in his absence and he takes no part in the
election, he may, if he thinks fit, make the declaration
respecting election expenses contained in the second part
of the Second Schedule to this Act, and the election agent
shall, so far as circumstances admit, comply with the
provisions of this Act with respect to expenses incurred
on account of or in respect of the conduct or manage-
ment of the election in like manner as if the candidate
had been nominated or declared with his consent.
64. Genera! interpretation of terms (h}.
APPLICATION OF ACT TO SCOTLAND.
68 (/O- This Act shall apply to Scotland, with the following
modifications:
*****
The expression >; Summary Jurisdiction Acts " shall mean the
Summary Jurisdiction (Scotland) Acts 1864 and 1881 and
any Acts amending the same.
(4) The jurisdiction of the High Court of Justice under this
Act shall, in Scotland, be exercised by one of the Divisions of the
Court of Session, or by a judge of the said court to whom the
same may be remitted by such division, and subject to an appeal
thereto, and the Court of Session shall have power to make Acts
of seder unt for the purposes of this Act.
(6) All offences under this Act punishable on summary convic-
tion may be prosecuted in the sheriff court in manner provided
by tht.- Summary Jurisdiction Acts, and all necessary jurisdictions
are hereby conferred on sheriffs.
(/<) As to repeal of part of this section, by present
p. 337, supra, and p. 398, xvpra.
Act, see sect. 47 1),
716 APPENDIX III.
(7) The authority given by this Act to the Director of public
prosecutions in England shall in Scotland be exercised by Her
Majesty's advocate, and the reference to the Prosecution of
Offences Act, 1879, shall not apply.
APPLICATION OF ACT TO IRELAND.
69. Application of Act to Ireland. This Act shall apply to
Ireland, with the following modifications:
*****
(2) The expression " Summary Jurisdiction Acts " means, with
reference to the Dublin Metropolitan Police District, the
Acts regulating the powers and duties of justices of the
peace and of the police in such district; and with
reference to other parts of Ireland means the Petty
Sessions (Ireland) Act, 1851, and any Acts amending
the said Act.
(3) Section one hundred and three of the Act of the session
of the thirteenth and fourteenth years of the reign of
Her present Majesty, chapter sixty-nine, shall be sub-
stituted for section ninety-seven of the Parliamentary
Registration Act, 1843, where reference is made to that
section in this Act.
(4) The provision with respect to the registration officer send-
ing the corrupt and illegal practices list to overseers and
the dealing with such list by overseers shall not apply,
and in lieu thereof it is hereby enacted that the regis-
tration officer shall, after making out such list, himself
publish the same(i).
(5) The Supreme Court of Judicature in Ireland shall be sub-
stituted for the Supreme Court of Judicature.
(6) The High Court of Justice in Ireland shall be substituted
for the High Court of Justice in England.
(8) The Attorney-General for Ireland shall be substituted for
the Director of Public Prosecutions, and the reference
to the Prosecution of the Offences Act, 1879, shall not
10) Any reference to Part IV. of the Municipal Corporations
Act, 1882, shall be construed to refer to the Corrupt
Practices (Municipal Elections) Act, 1872.
SCHEDULES.
EIRST SCHEDULE (0-
(i) For repeal in this sub-section, see sect. 47 (1) of the present Act,
p. 337, supra, and p. 398, supra.
(k) This sub-section is repealed by present Act. See sect. 47 (1), p. 337,
supra, and p. 398, supra.
(1} This schedule, with the substitutions and alterations in Parts IV.
and V. introduced by sect. 33 (1) of the Representation of the People
Act, 1918, is set out on pp. 224230, supra.
LOCAL GOVERNMENT (ELECTIONS) ACT, 1896. 717
SECOND SCHEDULE.
FORMS OF DECLARATIONS AS TO EXPENSES (ra).
THIRD SCHEDULE.
*****;
PART THREE.
ENACTMENTS DEFINING THE OFFENCES OF BRIBERY (n) AND
PERSONATION (o).
The Corrupt Practices Prevention Act, 1854, 17 & 18 Viet. c. 102,
ss. 2, 3O).
LOCAL GOVERNMENT (ELECTIONS) ACT, 1896
(59 VICT. c. !)(.
An Act to continue temporarily certain Powers for the Removal
of Difficulties at Elections under the Local Government
Act, 1894. [6th March, 1896.]
[Preamble.^
1. Power of county council to remove difficulties. (1) If any
difficulty arises with respect to any election of parish or district
councillors or of guardians, or to the first meeting after any
ordinary election of such councillors or guardians, or if, from
an election not being held, or being defective, or otherwise,
the council or board has not been properly constituted, the county
council may by order make any appointment or do anything
which appears to them necessary or expedient for the proper
holding of any such election or meeting, and properly consti-
tuting the council or board, and may, if it appears to them neces-
sary, direct the holding of an election or meeting, and fix the
dates for any such election or meeting.
(2) Any such order may modify the provisions of the Local
Government Act, 1894, and the enactments applied by, or rules
framed under, that Act, so far as may appear to the county
council necessary or expedient for carrying the order into effect.
(3) A county council may delegate their powers under this
section to a committee.
3. Short title. This Act may be cited as the Local Govern-
ment (Elections) Act, 1896.
// As to these, see the Author's "Law of Parliamentary Elections
and Election Petitions," 2nd ed., pp. 136139, 339342.
() For definition of bribery, see pp. 289 291, supra.
(0} For definition of personation, see pp. 287 289, supra.
(p] The provisions of these sections are set out on pp. 289 291, supra.
(q) This Act was made permanent by sect. 35 of the present Act..
See p. 278, supra.
718 APPENDIX IV.
APPENDIX IV.
DRAFT RULES AS TO PROPORTIONAL
REPRESENTATION.
COPY OF DRAFT EULES (a) PBE8CEIBING THE
METHOD OF VOTING AND TRANSFER-
RING AND COUNTING VOTES AT ANY
ELECTION ACCORDING TO THE PRIN-
CIPLE OF THE SINGLE TRANSFERABLE
VOTE.
[Cd. 8768.]
I. PARLIAMENT AEY ELECTIONS (SINGLE
TRANSFERABLE VOTE) RULES.
[NOTE. These rules have been drawn in a general form in
-order to show the principles to be followed. They will require
modification if the single transferable vote is only to be used at
university elections. ,]
1. Conduct of election. At a parliamentary 'election, where
there are two or more members to be elected, any election of the
full number of members shall be conducted in accordance with
the following rules, as illustrated in the First Schedule thereto.
2. Method of voting. (1) Every elector shall have one vote
only.
(2) An elector in giving his vote
(a) must place on his ballot paper the figure 1 in the square
opposite the name of the candidate for whom he votes ;
(b) may in addition place on his ballot paper the figure 2 or
the figures 2 and 3, or 2, 3, and 4, and so on in the
squares opposite the names of other candidates in the
order of his preference.
3. The forms contained in the Second Schedule to these rules
shall be substituted for the forms of front of ballot paper and
of directions for the guidance of the voter container! in the
Second Schedule to the Ballot Act, 1872.
(a) These Draft Rules (Parliamentary Paper Cd. 8768) were presented
to Parliament by Command of His Majesty in 1917, and although they
were not made the subject of an Order in Council, they are valuable as
explaining the working of the system of Proportional Representation.
DRAFT RULES, PROPORTIONAL REPRESENTATION. 719
4. Invalid ballot papers. A ballot paper shall be invalid on
which
(a) the figure 1 is not marked; or
(b) the figure 1 is set opposite the name of more than one
candidate ; or
(c) the figure 1 and some other figure is set opposite the
name of the same candidate; or
(d) any mark is made not authorised by the Ballot Act, 1872,
as modified by this Act.
4A. Arrangement of ballot papers. After the ballot papers
have been mixed, in accordance with the rules contained in the
First Schedule of the Ballot Act, 1872, the returning officer
shall examine the ballot papers and, after rejecting any that are
invalid, shall arrange the remainder in parcels according to the
first preferences recorded for each candidate.
5. Counting of votes. The returning officer shall then count
the number of papers in each parcel, and credit each candidate
with one vote in respect of each valid paper on which a first pre-
ference has been recorded for him, and he shall ascertain the total
number of valid papers.
6. Ascertainment of quota. The returning officer shall then
divide the total number of valid papers by a number exceeding
by one the number of vacancies to be filled, and the result in-
<'ivtised by one, disregarding any fractional remainder, shall be
the number of votes sufficient to secure the return of a candidate
(hereinafter called the "quota").
7. Candidates with quota elected. If at any time the number
of votes credited to a candidate is equal to or greater than the
quota, that candidate shall be declared elected.
8. Transfer of surplus. (1) If at any time the number of
votes credited to a candidate is greater than the quota, the surplus
shall bo transferred in accordance with the provisions of this
rule to the continuing candidates indicated on the ballot papers
in the parcel of the elected candidate as being next in order of the
voters' preference.
(2) (a) If the votes credited to an elected candidate consist of
original votes only, the returning officer shall examine all the
papers in the parcel of the elected candidate whose surplus is to
br> transferred and shall arrange the transferable papers in sub-
parcels according to the next preferences recorded thereon.
(b) If the votes credited to an elected candidate consist of
original and transferred votes, or of transferred votes only, the
returning officer shall examine the papers contained in the sub-
parcel last received by the elected candidate and shall arrange
the transferable papers therein in further sub-parcels according 1
to the next preferences recorded thereon.
(c) In either case the returning officer shall make a separate
sub-parcel of the non-transferable papers and shajl ascertain
the number of papers in each sub-parcel of transferable papers
and in the sub-parcel of non- transferable papers.
(3) If the total number of papers in the sub-parcels of trans-
ferable papers is equal to or less than the surplus, the returning
officer shall transfer each sub-parcel of transferable paper? to
720 APPENDIX IV.
the continuing candidate indicated thereon as the voters' next
preference.
(4) (a) If the total number of transferable papers is greater
than the surplus, the returning officer shall transfer from each
sub-parcel the number of papers which bears the same proportion
to the number of papers in the sub-parcel as the surplus bears to
the total number of transferable papers.
(b) The number of papers to be transferred from each sub-
parcel shall be ascertained by multiplying the number of papers
in the sub-parcel by the surplus and dividing the result by the
total number of transferable papers. A note shall be made of the
fractional parts, if any, of each number so ascertained.
(c) If, owing to the existence of such fractional parts, the
number of papers to be transferred is less than the surplus so
many of these fractional parts taken in the order of their magni-
tude, beginning with the largest, as are necessary to make the
total number of papers to be transferred equal to the surplus,
shall be reckoned as of the value of unity, and the remaining
fractional parts shall be ignored.
(d) The particular papers to be transferred from each sub-
parcel shall be those last filed in the sub-parcel.
(e) Each paper transferred shall be marked in such a manner
as to indicate the candidate from and to whom the transfer is
made .
(5) (a) If more than one candidate has a surplus, the largest
surplus shall be first dealt with.
(b) If two or more candidates have each the same surplus,
regard shall be had to the number of original votes obtained by
each candidate, and the surplus of the candidate credited with
the largest number of original votes shall be first dealt with, and,
if the numbers of the original votes are equal, the returning
officer shall decide which surplus he will first deal with.
(c) The returning officer need not transfer the surplus of an
elected candidate when that surplus together with any other
surplus not transferred does not exoeed the difference between
the totals of the votes credited to the two continuing candidates
lowest on the poll.
9. Exclusion of candidates lowest on the pvll (1) If at any
time no candidate has a surplus (or when under the preceding
rule any existing surplus need not be transferred), and one or
more vacancies remain unfilled, the returning officer shall exclude
from the poll the candidate credited with the lowest number of
votes, and shall examine all the papers of that candidate> and
shall arrange the transferable papers in sub-parcels according
to the next preferences recorded thereon for continuing can-
didates, and shall transfer each sub-parcel to the candidate for
whom that preference is recorded.
(2) If the total of the votes of the two or more candidates
lowest on the poll, together with any surplus votes not trans-
ferred, is less than the votes credited to the next highest can-
didate, the returning officer may in one operation exclude those
candidates from the poll and transfer their votes in accordance
with the preceding regulation.
(3) If, when a candidate has to be excluded under this rule,.
DRAFT RULES, PROPORTIONAL REPRESENTATION. 721
two or more candidates have each the same number of votes and
are lowest on the poll, regard shall be had to the number of
original votevS credited to each of those candidates, and the can-
didate with fewest original votes shall be excluded, and, where
the numbers of the original votos are equal, regard shall bt*
had to the total number of votes credited to those candidates
at the first transfer at which they had an unequal number of
votes, and the candidate with the lowest number of votes at that
transfer shall be excluded, and, where the numbers of votes
credited to those candidates were equal at all transfers, the
returning officer shall decide which shall be excluded.
10. Disposal of papers after any transfer. (1) Whenever any
transfer is made under any of the preceding rules, each sub-
parcel of papers transferred shall be added to the parcel, if any,
of papers of the candidate to whom the transfer is made, and that
candidate shall be credited with one vote in respect of each
paper transferred. Such papers as are not transferred shall be/
set aside as finally dealt with, and the votes given thereon shall
thenceforth not be taken into account.
(2) If after any transfer a candidate has a surplus, that
surplus shall- be dealt with in accordance with and subject to the-
provisions contained in Rule 5 before any other candidate is
excluded .
11. Filling the last vacancies. (1) When the number of con-
tinuing candidates is reduced to the number of vacancies remain-
ing unfilled, the continuing candidates shall be declared elected.
(2) When only one vacancy remains unfilled, and the votos
of some one continuing candidate exceed the total of all the votes
of the other continuing candidates, together with any surplus
not transferred, that candidate shall be declared elected.
(3) When the last vacancies can be filled under this rule, no
further transfer of votes need be made.
12. Public notice of the result o/ 'the election. The returning
officer shall record and give public notice of any transfer of!
votes made under these rules, and of the total number of votes
credited to each candidate after any such transfer, in addition
to the particulars prescribed by Rule 45 to the First Schedule
to the Ballot Act, 1872. Such public notice may be in accordance
with the form given in the appendix to these rules.
13. Provision for recount*.. (1) Any candidate or his agent
may, at any time during the counting of the votes, either before
the" commencement or after the completion of any transfer of
votes (whether surplus or otherwise), request the returning officer
to re-examine and recount the papers of all or any candidates (not
being papers set aside at any previous transfer as finally dealt
with), and the returning officer shall forthwith re-examine and
recount the same accordingly. The returning officer may also at
his discretion recount votes either once or more often in any case
in which he is not satisfied as to the accuracy of any previous
count: Provided that nothing herein shall make it obligatory,
on the returning officer to recount the same votes more than once.
(2) If upon an election petition
(i) any ballot papers counted by the returning officer are
rejected as invalid, or
F. 4fi
722 APPENDIX IV.
(ii) any ballot papers rejected by the returning officer are
declared valid,
the court may direct the whole or any part of the ballot papers to
be recounted and the result of the election ascertained in accor-
dance with those rules.
(3) On any recount, subject to such modifications as may be
necessary by reason of any error in the original count, each^
paper shall take the same course as at the original count.
14. Determination of questions arising from transfers of
votes. (1) If any question shall arise in relation to any transfer
of votes, the decision of the returning officer, whether expressed
or implied by his acts, shall be final unless an objection is made
by any candidate or his agent before the declaration of the poll,
and in that event the decision of the returning officer may be
reversed upon an election petition.
(2) If any decision of the returning officer is so reversed, the
transfer in question and all operations subsequent thereto shall
be void and the court shall direct what transfer is to be made in
place of the transfer in question, and shall cause the subsequent
operations to be carried out and the result of the election to
be ascertained in accordance with these rules.
15. Definitions. In these rules
(1) The expression " continuing candidate " means any can-
didate not elected and not excluded from the poll :
(2) The expression " first preference " means the figure
" 1 " ; the expression " second preference " means the
figure " 2 " ; and the expression " third preference "
means the figure " 3," set opposite the name of any
candidate, and so on:
(3) The expression " transferable paper " means a ballot
paper on which a second or subsequent preference
is recorded for a continuing candidate:
(4) The expression " non-transferable paper " means a ballot
paper on which no second or subsequent preference
is recorded for a continuing candidate:
Provided that a paper shall be deemed to bo a non-
transferable paper in any case in which
(a) The names of two or more candidates (whether
continuing or not) are marked with the same figure,
and are next in order of preference; or
(b) The name of the candidate next in order of
preference (whether continuing or not) is marked
(i) by a figure not following consecutively after
some other figure on the ballot paper; or
(ii) by two or more figures:
(5) The expression " original vote " in regard to any can-
didate means a vote derived from a ballot paper on
which a first preference is recorded for that candidate:
(6) The expression " transferred vote " in regard to any
candidate, means a vote derived from a ballot paper on
which a second or subsequent preference is recorded
for that candidate:
(7) The expression " surplus " means the number of votes
by which the total number of the votes, original and
DRAFT RULES, PROPORTIONAL REPRESENTATION. 723
transferred, credited to any candidate, exceeds the
quota.
16. Construction. These rules shall be construed as one with
the Ballot Act, 1872, and that Act shall, in cases to which these
rules are applicable, have effect subject to these rules.
17. Short title.. These rules may be cited as the Parliamentary
Elections (Single Transferable Vote) Rules, 1917.
SCHEDULES,
FIRST SCHEDULE.
EXAMPLE OF AN ELECTION CONDUCTED ON THE SYSTEM OF THE
SINGLE TRANSFERABLE VOTE SET OUT ABOVE.
Let it be assumed that there are five members to be elected,
and that there are ten candidates, A, B, 0, D, E, P, Q-, H, I, K.
Arrangement of ballot ywpers (Rule 3). The ballot papers
are examined, and the valid papers are arranged in separate
parcels under the names of the candidates marked with the
figure 1.
Counting the votes (Rule 5). Each separate parcel is counted,
and each candidate is credited with one vote in respect of each
paper on which a first preference has been recorded for him.
The result of the count may be supposed to be as follows:
Votes.
A 2,009
B 952
939
D 746
E 493
P 341
G 157
H 152
1 118
K . .... 93
Total 6,000
The Quota.
Ascertainment of quota (Rule 6). It is found that the total of
all the valid votes is 6,000. This total is divided by six (i.e., the
number which exceeds by one the number of vacancies to be
filled), and 1,001 (i.e., the quotient 1,000 increased by one) is
the " quota," or the number of votes sufficient to elect a member.
Candidate with quota elected (Rule 7). A's votes exceed the
quota, and he is declared elected.
First Transfer.
Transfer of surplus votes of elected candidate (Rule 8). A
has 1,008 surplus votes (i.e., A's total 2,009, less the quota
1,001), and it is necessary to transfer this surplus (Rule 8 (1)).
46(2)
'S.
724 APPENDIX IV.
All A's 2,009 papers are examined and arranged in separate
sub-parcels according to the second preferences indicated thereon
(EuleS (2) (a)).
A separate sub-parcel is also formed of those papers on which
no further available preference, i.e., no further preference for
any continuing candidate, is shown, and which are therefore not
transferable (Rule 8 (2) (c)).
The result is found to be as follows:
A next available preference is shown for D on 257 papers.
A next available preference is shown for E on 11 papers.
A next available preference is shown for 3? on 28 papers.
A next available preference is shown for G- on 1,708 papers.
Total of transferable papers ............ 2,004 papers
Total of non-transferable papers ..... 5 papers
Total of A's papers ......... 2,009
Proportion of papers to be transferred (Rule 8 (4) (a)).
Since the total number of transferable papers (2,004) exceeds the
surplus (1,008), only a portion of each sub-parcel can be trans-
ferred, and 'the number of papers to be transferred from each sub-
parcel must bear the same proportion to the total number of
papers in the sub-parcel as that which the surplus bears to the
total number of transferable papers.
How numbers to be transferred are ascertained (Eule 8 (4)(b)).
In other words, the number of papers to be transferred from
each sub-parcel is ascertained by multiplying the number of
papers in the sub-parcel by 1,008 (the surplus), and dividing the
result by 2,004 (the total number of transferable papers).
The process is as follows:
D's sub-parcel contains 257 papers, and his share
of the surplus is, therefore:
257 X-^ 008 or 129 ^
2,004 2,004
E's sub-parcel contains 11 papers, and his share
of the surplus is, therefore:
2,004 2,004
F's sub-parcel contains 28 papers, and his share
of the surplus is, therefore:
_
2,004 2,004
G's sub-parcel contains 1,708 papers, and his share
of the surplus is, therefore:
1,708 X ^ or 859 JL 2 *
2,004 2,004
Total.. . 1,008
DRAFT RULES, PROPORTIONAL REPRESENTATION 725
Treatment of fractions in transferring surplus votes (Rule 8
(4) (c)). The numbers of papers to be transferred as deter-
mined by the preceding process contain fractions, and, since
only whole papers can be transferred, so many of the largest
of these fractions, taken in order of their magnitude, as will
make the total number of papers to be transferred equal to the
surplus are reckoned as of the value of unity.
Thus, as the whole numbers determined above amount to only
1.007, viz., (129 4- 5 -f- 14 + 859), or one short of the surplus
1 068
1.008, the largest fraction .- - is reckoned as unity, and the
2,004
numbers of papers to be transferred are as follows:
To D 129 papers.
To E 6 papers.
To F 14 papers.
To G 859 papers.
Total, being A's surplus 1,008 papers.
Selection and marking of papers to be transferred (Rule 8
(4) (d) and (e)). The particular papers to be transferred to
D, E, F, and G are those last filed in their respective sub-parcels,
and, therefore, at the top of the sub-parcels. The papers to be
transferred are to be marked so as to indicate the candidates from
and to whom the transfer is made.
Disposal of papers after transfer (Mule 10 (1)). These papers
are added in separate sub-parcels to the parcels of D, E, F,
and G.
The totals of the votes credited to these candidates then
become:
Votes.
D 746-4-129= 875
E 493+ 6= 499
F 341+ 14= 355
G 157 + 859 = 1,016
Quota of papers of elected candidate set aside (Rule 10 (1)).
The remainders of the papers in the sub-parcels (i.e., those
papers not transferred), together with the papers on which no
further available preferences were marked, are collected together
and formed into one parcel, representing A's quota of votes
(1,001), and these papers are set aside as finally dealt with. The
parcel is made up as follows:
The remainder of D's sub-parcel, 257 less 129 = 128
The remainder of E's sub-parcel, 11 less 6 = 5
The remainder of F's sub-parcel, 28 less 14 = 14
The remainder of G's sub-parcel, 1,708 less 859 = 849
Non-transferable papers ... 5
Total, being A's quota 1,001
726
APPENDIX- IV.
The operations involved in this transfer are summarised in tha
following table:
Transfer of A'x Surplus.
Surplus 1,008
Number of transferable papers 2,004
Proportion to be _ Surplus __ 1,008
transferred . . . ~ Number of transferable papers ~~ 2,004
Names of Candidates marked as the
next available preferences.
Number of Number of
Original ; Papers
Papers. transferred.
Number of
Papers
retained for
A's quota.
B
C
D 257 129 128
E 11 6 5
F 28 14 U
G- ! 1,708 859 849
H
I
K
Total number of transferable papers . . 2,004 1 ,008 996
Number of non-transferable papers 5 5
Totals 2,009 1,008 1,001
State of pott after first transfer. The state of the poll on
the conclusion of the transfer is as follows:
Votes.
A 1,001 elected.
G 1,016
B 952
939
D 875
E 499
F 355
H 152
1 118
K 93
Total 6,000
Election of candidate as a result of transfer {Rule 7). G now
has 1,016 votes, a number which is more than the quota. He
is accordingly declared elected.
Second Transfer.
Surplus not transferred in special case (Rule 8 (5) (c)).
G's surplus (1,016 less 1,001, or 15) would have to be transferred
were it not for the provision of Eule 8 (5) (c). Under the latter
rule the returning officer need not transfer a surplus which is
less than the difference between the two lowest candidates on
DRAFT RULES, PROPORTIONAL REPRESENTATION. 72-7
tho poll, and whore, therefore, the transfer could not alter the
relative position of these two candidates, even if the whole sur-
plus were transferred to the lowest candidate. In this ease the
difference between 1 and K, the two lowest candidates, is 25
(118 less 93), and therefore G's surplus need not be transferred.
Transfer of votes of candidate lowest on the poll (Rule 9 (1)).
The returning officer proceeds to distribute the papers of the
candidate with the smallest total of votes.
K's parcel of 93 papers is therefore examined. It is found to
contain 89 papers on which F is the next preference, and 4 on
which C is the next preference.
Therefore 89 papers are transferred to F and 4 to C.
State of poll after second transfer. The poll now stands us
follows:
Votes.
A 1,001 elected.
G 1,016 elected.
B 952
C 943
D 875
E .' 499
F 444
H 152
I . 118
Total 6,000
Third Transfer.
Transfer in special case of the votes of the two lowest can-
didates in one operation (Rule 9 (2)). The poll shows that
as a result of the second transfer no further candidate obtained
the quota which would entitle him to election, and the next
operation has to be determined upon.
The difference between I and H (152 less 118, i.e., 34) exceeds
G's surplus (15), which, therefore, is still allowed to remain un-
transferred (Rule 8 (5) (c)).
Candidate I is lowest on the poll, and his papers have to be
distributed in the same manner as K's (Eule 9 (1)). But as
the combined totals of H and I together with G's surplus
(152 L- 118 -\- 15 = 285) are less than 444, the total of F, the
next highest candidate, the returning officer avails himself of
Rule 9 (2), and distributes the papers of both H and I in one
operation .
The papers (152 + 118, or 270 in all) in the parcels of H and I
are examined in one operation, and it is found that
B is marked next preference on 119 papers.
D is marked next preference on 107 papers.
Non-transferable papers 44 papers.
Total 270 papers.
728 APPENDIX IV.
It should be stated that on some papers some or one of the
candidates A, G, I, H, and K may have been marked as next in
order of preference on the papers examined, but, as all these
candidates are already either elected or excluded, any papers so
marked pass to those of the other candidates for whom the next
available preferences have been recorded.
The operation is completed by the transfer of 119 papers to
B, and 107 to D, whilst the 44 non-transferable papers are set
aside as finally dealt with (Rule 10 (1)).
The poll now stands as follows:
Votes.
A 1,001 elected.
G 1,016 elected.
B 1,071
D 982
C 943
E 499
F 414
Non-transferable papers 44
Total .. . 6,000
Election of candidate as the result of a transfer (Rule 7).
B now has 1,071 votes, a number which exceeds the quota. He
is accordingly declared elected.
Fourth Transfer.
Transfer of surplus votes arising from a previous transfer
(Rule 10 (2)). B's surplus (70) exceeds the difference (55)
between E and F, the two candidates lowest on the poll, and it is,
therefore, necessary to distribute it.
Sub-parcel of votes last transferred examined (Rule 8 (2) (b)).
For this purpose, only the sub-parcel of papers last trans-
ferred, containing 119 papers, is taken into account.
These are examined and arranged in sub-parcels (in the same
manner as A's papers were examined and arranged) with the
following result:
A next preference is shown for E on 84 papers.
No further preference is shown on 35 papers.
The total number of transferable papers (84) is thus greater
than the surplus (70), and the proportion to be transferred is
. But there is only one candidate, E, entitled to participate
84
in the transfer. E accordingly receives the whole of the surplus
and the 70 papers last filed in E's sub-parcel are, therefore, trans-
ferred to him, after being marked so as to indicate their transfer
from B to E. (Eule 5 (4) (c).)
The remainder of the papers in E's sub-parcel, together with
the non-transferable papers, are placed with B's original parcel.
The whole constitutes B's quota and these papers are set aside
as finally dealt with (Rule 10 (1)).
DRAFT RULES, PROPORTIONAL REPRESENTATION. 729
B's quota is made up as follows:
Original parcel 952
Remainder of E's sub-parcel 14
Non-transferable papers 35
Total 1,001
State of poll after fom'th transfer. The poll now stands as
follows:
Votes.
A 1,001 elected.
Gr 1,016 elected.
B 1,001 elected.
D 982
C 943
E 569
F 444
^Non-transferable papers 44
Total .. . 6,000
Fifth Transfer.
No candidate is elected as the result of the transfer, and the
next operation has to be determined upon.
G's surplus is still not distributable, being smaller than the
difference between the totals of E and F, the two lowest can-
didates (Rule 8 (5) (c)).
The votes of the lowest candidate distributed (Rule 9 (1)).
F is lowest and his papers have to be distributed.
On examination it is found that of F's 444 papers, 353 show
a next preference for 0, and the remainder, 91, contain no
further preference.
The operation is completed by the transfer of 353 papers to 0,
whilst the 91 non-transferable papers are set aside as finally
dealt with (Rule 10 (1)).
State of poll after fifth transfer. The poll now stands as
iollows:
Votes.
A 1,001 elected.
G 1,016 elected.
B 1,001 elected.
C 1,296
D 982
E 569
Non-transferable papers 135
Total 6,000
730 APPENDIX IV.
Candidate elected as a result of transfer (Rule 7). has
now 1,296 votes, a number which exceeds the quota, and he
is accordingly declared elected.
Filling the last vacancy (Rule 11 (2)). No further transfer
is necessary, for, even if all C's surplus (295) and all GPs surplus
(15) were transferred to E, his total would only amount to 859.
But D's total (982) exceeds this number and he is therefore
declared elected (Eule 11 (2)).
Final result. The final result is that A, G, B, and D are
elected.
Result sheet (Rule 12). The details of the various operations
in this election are shown in the subjoined form of public notice
or " result sheet."
Public Notice of the Result of the Poll and of the Transfer of
Votes.
Number of valid votes 6,000
Number of members to be elected 5
Quota (number of votes sufficient to secure the
election of a candidate) 1,001
[TABLE OF RESULTS..
DRAFT RULES, PROPORTIONAL REPRESENTATION. 731
t
.
il Result showing
imes of Candidat
d, and the ordei
their Election.
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732
APPENDIX IV.
SECOND SCHEDULE.
POEM OF FRONT OF BALLOT PAPER.
Counterfoil M,
No.
,-
Note.
p 'The counter - ^
foil is to hare a
number to cor-
respond with
that on the f^\
back of the )Q/
ballot paper. \jfcj
Mark
Order of
Preference
in Spaces
below.
Names of Candidates.
I BROWN (John Brown, of 52, George
Street, Bristol, Merchant).
JONES (William David Jones, of
10, Charles Street, Bristol,
Merchant).
ROBERTSON (Henry Robertson,
of 8, John Street, Bristol,
Butcher).
WILLIAMS (James Williams, of
5, William Street, Bristol, Dock
Labourer).
THOMAS (Walter Thomas, of
23, Ann Street, Bristol, Painter).
MAcINNES (Robert Maclnnes, of
26, James Street, Bristol,
Licensed Victualler).
N.B. Vote by placing the figure 1 in the square opposite
the name of the candidate for whom you vote. You may also
place the figure 2, or the figures 2 and 3, or 2, 3, and 4, and
so on, in the squares opposite the names of other candidates in
the order of your preference for them.
DRAFT RULES, PROPORTIONAL REPRESENTATION. 733
Form of -Directions for the guidance of the Voter in voting,
which shall be printed in conspicuous characters and pla-
carded outside every Polling Station and in every compart-
ment of a Polling Station.
The voter will go into one of the compartments, and, with the
pencil provided there, mark his ballot paper by writing the
number 1 opposite the name of the candidate for whom he votes.
He may also write the figures 2, 3, and so on, in accordance
with the order of his choice or preference opposite the names
of other candidates (that is to say).:
He must write 1 in the square space opposite to the name of
the candidate for whom he votes.
He may also write 2 in the square space opposite to the name
of the candidate he likes second best, and 3 in the square
space opposite to the name of the candidate he likes third
best.
And so on.
If the voter does not mark the figure 1 on his ballot paper,
or marks the figure 1 opposite more than one name, or marks
the figure 1 and some other figure opposite the same name, or
places any mark on the paper by which he may be identified,
his ballot paper will be invalid and will not be counted.
After marking the ballot paper, the voter will fold up the
ballot ptaper so as to show the official mark on the back, and
leaving the compartment will, without showing the front of the
paper to any person, show the official mark on the back to the
presiding officer, and then in the presence of the presiding officer
put the paper into the ballot box and forthwith quit the polling
station.
If the voter inadvertently spoils a ballot paper, he can return
it to the officer, who will, if satisfied of such inadvertence, give
him another paper.
If the voter takes the ballot paper out of the polling station or
deposits in the ballot box any other paper than the one given
him by the officer, he will be guilty of a misdemeanour, and be
subject to imprisonment for any term not exceeding six months,
with or without hard labour.
Note. These directions shall be illustrated by examples of
valid ballot papers, such as the following:
734
APPENDIX IV.
Examples of Ballot Papers validly marked.
A.
*)
Mark
.*)
Order of
Preference
Names of Candidates.
$N
in Spaces
$;
below.
./*\ '
BROWN
0^0
3
(John Brown, of 52, George Street
8*8
Bristol, Merchant).
1
JONES
GlO
4
(William David Jones, of 10, Charles
'%1
Street, Bristol, Engineer).
(*)
(*)
()
ROBERTSON
/W\
2
(Henry Robertson, of 8, John Street
1
Bristol, Builder).
|
WILLIAMS
xj/\
5
(James Williams, of 5, William
1
Street, Bristol, Dock Labourer).
GiO
THOMAS
3K)
1
(Walter Thomas, of 23, Anne Street
Bristol. Painter).
'
'*)
i
MAdNNES
\X.'
6
(Robert Maclnnes, of 28, James
1
Street, Bristol, Licensed Victualler)
*
DRAFT RULES, PROPORTIONAL REPRESENTATION. 735
Mark
Order of
Preference
in Spaces
below.
Names of Candidates.
BROWN
(John Brown, of 52, George Street,
Bristol, Merchant).
1
JONES
(William David Jones, of 10, Charles
Street, Bristol, Engineer).
ROBERTSON
(Henry Robertson, of 8, John Street,
Bristol, Builder).
WILLIAMS
(James Williams, of 5, William
Street, Bristol, Dock Labourer).
THOMAS
(Walter Thomas, of 23, Anne Street,
Bristol, Painter).
MACINNES
(Robert Machines, of 28, James
Street, Bristol, licensed Victualler).
736
APPENDIX IV.
(*)
'!*)
Mark
Order of
Preference
in Spaces
below.
Names of Candidates.
BROWN
(John Brown, of 52, George Street,
Bristol. Merchant).
(*)
(*)
3
JONES
(William David Jones, of 10, Charles
Street, Bristol, Engineer).
t*9
ROBERTSON
(Henry Robertson, of 8, John Street,
Bristol, Builder).
1
1
WILLIAMS
(James Williams, of 5, William
Street, Bristol, Dock Labourer).
OK)
/W\
THOMAS
(Walter Thomas, of 23, Anne Street,
Bristol, Painter).
2
MAdNNES
(Robert Maclnues, of 28, James
Street, Bristol, Licensed Victualler).
REPORT OF SPEAKER'S CONFERENCE.
APPENDIX V.
REPORT OF SPEAKER'S CONFERENCE.
REPORT OF THE SPEAKER'S CONFERENCE
ON ELECTORAL REFORM CONTAINED
IN A LETTER FROM THE SPEAKER
TO THE PRIME MINISTER, DATED
JANUARY 27, 1917 (a), PRESENTED TO
BOTH HOUSES OF PARLIAMENT BY
COMMAND OF HIS MAJESTY.
SPEAKER'S HOUSE, S.W.,
January 27, 1917.
DEAR PRIME MINISTER,
I HAVE much pleasure in informing you that the Con-
ference on Electoral Reform has now completed its work, and
that I am authorised to report to you the resolutions at which
it has arrived.
You will doubtless remember the circumstances in which it
originated, but for the sake of greater accuracy I will venture
to detail them.
During the debate 011 the vsecond reading of the Special Register
Bill on the 16th August last, Mr. Asquith, who was then Prime
Minister, in the course of his speech used these words:
" With regard to the Parliament which is going to under-
take the work of reconstruction after the war, it is eminently
desirable that you should provide an electoral basis which
will make that Parliament reflective and representative of
the general opinion of the country, and give to its decisions
a moral authority which you cannot obtain from what I may
call a scratch, improvised, and makeshift electorate. Let
us by all means use the time those of us who are not
absolutely absorbed in the conduct of the war in those
months to see if we cannot work out by general agreement
some scheme under which, both as regards the electorate
and the distribution of electoral power, a Parliament can
bo created at the end of the war capable and adequate for
(a) Parliamentary Paper, Cd. 8463.
F. 47
738 APPENDIX V.
discharging these tasks, and commanding the confidence of
the country." (Official Report, vol. 85, p. 1906.)
During the same debate Mr. Long, who was then President
of the Local Government Board, said:
" I myself believe that if we agreed amongst ourselves,
and the Government offered any assistance which they could,
and which, I believe, they would gladly do, to set up I
will not say a Committee, because that is not exactly what
"> I mean but a representative Conference, not only of parties,
but of groups, a Conference which would really represent
opinion on these three subjects: electoral reform, revision
of your electoral power when you have got it, and regis-
tration, I believe and I do not speak altogether out of
books that such a Conference of earnest men, holding
strong views, bitterly opposed to each other, if they were
face to face with these difficulties, when we are all longing
with a great longing to see something of a better prospect
for our country in the future, would produce an agreed
system for all three questions upon which the great mass
of opinion of the people of this country could come together."
And again later in his speech he used these words:
" I believe that a Conference such as I have suggested
would have a great result. I hope that in the short time
during which Parliament is released from its duties we shall
all turn our attention to this question. If my honourable
friends in .any quarter of this House, or outside of this
House were to invite me to help to get together such a
Conference I would do it with the utmost pleasure. I believe
that is the way in which we are more likely to find a solution
to these problems than any other plan of which I have yet
heard. It was recommended by the honourable gentleman
the Member for Stockport in a speech he made, as being
put forward either in public or private by many of those
who have given time and attention to this question. I
venture to say to the House it is our duty, one and all, not
to criticise the Government or to find fault with this Bill,
but to set ourselves to find a solution which may be a
lasting settlement of a very old and difficult problem."
(Official Report, vol. 85, pp. 19491950.)
The idea seemed to find favour, and soon afterwards I accepted
an invitation from the Prime Minister to convene a Conference
of members of both Houses of Parliament and to preside over
it. The Members of Parliament and Peers whom I selected
appeared to me to be eminently representative of the various
shades of political opinion in Parliament and in the country
upon the special topics connected with Electoral Reform. Their
numbers were as nearly as possible proportionate to the strength
of [pre-war parties in the House of Commons.
On the question of Woman Suffrage I endeavoured to obtain
an equal division of opinion, so far as it could be ascertained,
but ; many obvious difficulties presented themselves in discover-
ing the views of gentlemen upon that important topic.
REPORT OF SPEAKER'S CONFERENCE. 739
Eventually the following Peers and Members of Parliament
accepted my invitation: the Marquess of Salisbury, Earl Grey,
Viscount Bryce, Viscount Gladstone, Lord Burnham, Sir Eyland
Adkins, Eight Honourable Sir Frederick Banbury, Sir John
Bethell, Sir William Bull, Colonel James Craig, Colonel Page
Croft, Mr. Ellis Davies, Eight Honourable W. II . Dickinson,
Eight Honourable Sir E. Pinlay, Mr. Goldstone, Eight Honour-
able George Lambert, Sir J. Larmor, Mr. Macmaster, Mr. J.
Mooney, Mr. T. P. O'Connor, Mr. Peto, Mr. Priiigle, Eight
Honourable Sir Harry Samuel, Mr. Scanlan, Mr. MacCallum
Scott, Eight Honourable Sir John Simon, Mr. Turton, Mr.
Stephen Walsh, Mr. Wardle, and Mr. Aneurin Williams.
Before the Conference met, however, Lord Bryce and Mr.
Laurence Hardy were obliged through illness to withdraw their
acceptances, and Mr. Mooney also found himself unable to take
part in the proceedings. Their places were taken by Lord
Southwark, Sir Eobert Williams, and Mr. Brady.
Mr. W. T. Jerred, C.B., Assistant Secretary to the Local
Government Board, acted as Secretary to the Conference.
The Conference met for the first time at the offices of the
Local Government Board on the 12th October last, but all sub-
sequent meetings have been held in Committee Eoom 15 at the
House of Commons.
The terms of reference were as follows:
To examine, and, if possible, submit, agreed resolutions on the
following matters:
a) Eefprm of the Franchise.
b) Basis for Eedistribution of Seats.
c) Reform of the System of the Registration of Electors.
d) Method of elections and the manner in which the costs
of elections should be borne.
After our discussion had proceeded for some time, we were so
unfortunate as to lose the assistance of Lord Grey, who was
prevented by illness from attending, but as I was in constant
expectation that he might be able to resume his attendance I
did not invite any other gentleman to take his place.
Sir Eobert Finlay also, on his acceptance of office as Lord
Chancellor in your Government, was compelled, to the regret
of all his colleagues, to leave us.
On the 14th December Lord Salisbury, Sir E. Banbury, and
Colonel Craig found themselves unable to continue to assist us,
and resigned their positions & members of the Conference. Their
places were taken by Mr. C. B. Stuart- Wort-ley (now Lord
Stuart of Wortley), Mr. Touche, and Mr. Archdale, and it is
perhaps only fair to mention that some of the conclusions of
the Conference were arrived at before they became members
of it.
You will remember that when we had reached this point I con-
sulted you as to the desirability of continuing our labours, and
you expressed the desire of His Majesty's Government that the
work of the Conference should proceed.
Altogether the Conference held twenty-six sittings, the last
of which took place on the 26th instant, when I was authorised to
47 (2)
740 APPENDIX V.
report to you the result of our deliberations. This appears in
the following series of resolutions:
I. KEGISTRATION OF ELECTORS.
1. The qualifying period for registration us a Parliamentary
elector shall be^ reduced to six months.
2. There shall be a revision of the register every six months.
3. The qualifying period shall be six months prior to the
loth January and 15th July in each year.
4. The time between the preparation and coming into force
of the register shall be shortened.
The foregoing resolutions (Nos. 2, 3, and 4) shall not apply
to Ireland which, owing to different conditions, may require
special .treatment.
6. In England and Wales a Registration Officer shall be
appointed in every county and borough who shall be, in the
case of a county, the Clerk of the County Council, and, in the
case of a borough, the Town Clerk.
7. An appeal from the decision of the Eegistration Officer shall
lie to the County Court.
8. In the opinion of the Conference, the cost of registration
should be a charge upon the local rates, subject to a contribution
of ono-half to be made by the State.
II. EEFORM OF THE FRANCHISE.
9. ( a ) Every person of full age, not subject to any legal
incapacity, who, for the qualifying period, has resided in any
premises, or has occupied for the purpose of his business, pro-
fession, or trade, any premises of a clear yearly value of not
less than 101., shall be entitled to be registered as a Parlia-
mentary .(Elector.
(b) For the purposes of this resolution no change shall be
made in the law relating to the joint occupation of business
premises.
(c) A franchise based upon the foregoing qualifications shall
be substituted for all existing franchises.
Provided that the representation of the Universities shall be
maintained.
10. The qualification to be registered as a Parliamentary
Elector shall not be lost by removal to different premises within
the same constituency, or from one constituency to another in
the same borough or county (including the administrative County
of London), or to different premises in a contiguous county
or borough.
11. (a) A person shall not vote at a general election in more
than one constituency.
Provided that a person shall be entitled to one additional vote
in another constituency in respect of the occupation of his busi-
ness premises, or in respect of any qualification he may have
as a University voter.
(b) For the purpose of this resolution the expression " con-
stituency " means any county, borough, or combination of places,.
REPORT OF SPEAKER'S CONFERENCE. 741
or university or combination of universities, returning a member
or members to serve in Parliament, and where a county ur
borough is divided for the purpose of Parliamentary elections,
means a division of the county or borough so divided.
12. The law relating to the franchise and registration shall
be codified.
III. REDISTKIBUTION OF SEATS.
13. This Conference accepts as governing any scheme of re-
distribution the principle that each vote recorded shall, as far
as possible, command an equal share of representation in the
House of Commons.
14. It is desirable that there shall be a Redistribution of
Seats in accordance with the following general rules:
(i) The number of members of the House of Commons for
Great Britain shall remain substantially as .at present,
(ii) In the application of this principle the information at
the disposal of the Conference indicates the taking of
70,000 as the standard unit of population for each
member.
(iii) A county or borough (other than the City of London)
with a population of less than 50,000 shall cease to have
separate representation.
(iv) A county or borough with a population of 50,000, but
less than 70,000, shall continue to have separate repre-
sentation.
(v) A municipal borough or urban district with a popula-
tion not less than 70,000 shall become a separate Par-
liamentary borough.
(vi) A county or borough at present returning two members
shall not lose a member if the defect in the population is
20,000 or less.
(vii) A member shall be given for 70,000 and for every
multiple of 70,000, and an additional member for any
remainder which is not less than 50,000.
(viii) The boundaries of Parliamentary constituencies shall,
as far as practicable, coincide with the boundaries of
administrative areas.
(ix) The City of London shall continue as at present to
return two members.
15. Existing boroughs entitled to return two members shall
not be divided.
16. Where there are contiguous boroughs which, if formed into
a single constituency, would be entitled to return not less than
three nor more than five members, it shall be an instruction to
the Boundary Commissioners to unite such boroughs into a single
constituency.
(This resolution would only become applicable in the event
of a system of Proportional Representation being adopted,
as recommended in a subsequent resolution.)
17. It shall be an instruction to the Boundary Commissioners
to take the population as estimated by the Registrar-General for
742 APPENDIX V.
July, 1914, instead of the population according to the census of
1911.
18. It shall be a recommendation to the Boundary Commis-
sioners, after ascertaining local opinion, to segregate as fax as
possible (adjacent industrial and rural areas in forming con-
stituencies within any county.
19. Where, under the application of these rules, a borough
loses its right to separate representation in Parliament, it shall
be competent for the Commissioners, after having ascertained
local opinion on the subject, to combine such borough with any
other such borough or boroughs lying within the county, or with
any other borough in the same county having separate repre-
sentation, instead of merging it in the adjacent county division.
20. Where an ancient Parliamentary borough loses its repre-
sentation, the county division in which the borough becomes
merged shall be named after the merged borough.
21. Where districts of burghs in Scotland comprise burghs
in different counties, or where under the foregoing rules a Par-
liamentary borough which is a district of burghs would lose
representation, it shall be an instruction to the Boundary Com-
missioners to consider the desirability of regrouping the burghs
or adding neighbouring burghs in the same county, regard being
had to their size, to a proper representation of the urban and
rural ^population, and to the distribution and pursuits of such
population :
Provided that the representation of the county is not thereby
affected.
As regards Ireland, the Conference desires to place on record
that, on the subject of redistribution, it has carried on its
deliberations from the point of view of Great Britain only.
IV. UNIVEKSITY KEPRESENTATION.
22. (a) The Universities of Oxford and Cambridge shall con-
tinue to return two members each; the electorate shall be
widened, and, in order to secure a proper representation of
minorities, each voter shall be allowed to vote for one candidate
only.
(b) The Universities of Durham, Manchester, Birmingham,
Liverpool, Leeds, Sheffield, Bristol, and the University of Wales,
shall receive representation; these universities shall be grouped
with the University of London so as to form a single constituency
returning three members elected on the system of a single trans-
ferable vote.
J3) The combined Universities of Edinburgh and St. Andrews
of Glasgow and Aberdeen shall also be grouped so as to
form a single constituency returning three members under the
system of a single transferable vote.
(d) As regards all Universities the obtaining of a degree shall
be the basis for electoral qualification.
REPORT OF SPEAKER'S CONFERENCE. 743
V. METHOD AND COSTS OF ELECTIONS.
23. (a) A Parliamentary borough which would be entitled
on a basis of population to return throe or more members shall
be a single constituency.
Provided that a constituency entitled to return more than
five members shall be divided into two or more constituencies
each returning not less than three nor more than five members.
(b) The election in any such constituency shall be held on
the principle of proportional representation and each elector shall
have one transferable vote.
(c) For the purposes of this rule the Metropolis (excluding
the City of London) shall be treated as a single area and divided
into constituencies returning not less than three nor more than
five members.
24. (a) At a general election all polls shall be held on one
day.
(b) All nominations shall take place on one day.
(c) There shall be an interval of eight days between the day
of nomination and the day of poll.
25. Returning Officers' charges should be paid by the State
on a scale to be fixed by the Treasury.
26. The duties of Returning Officer in England and Wales shall
bo discharged by a deputy Returning Officer, who shall be in the
case of a county the Clerk to the County Council, and in the
case of a borough the Town Clerk.
27. (a) Every candidate at the election of a Member of Par-
liament for any county or borough shall be required to deposit
with the Returning Officer, at the time of his nomination, the sum
of one hundred and fifty pounds.
(b) If a candidate is not elected, and the number of votes
polled by him does not exceed in the case of a single or double
member constituency one-eighth of the total number of voters
polling, or in the case of a constituency returning three or
more members, one-eighth divided by the number of members to
be elected, the deposit instead of being returned to the candidate
shall be forfeited to the Treasury.
(c) For the purposes of this resolution the number of " voters
polling " shall mean the number of ballot papers counted other
than spoilt ballot papers; and where the election is held under
the system of a single transferable vote, the number of " votes
polled " by a. candidate shall mean the number of votes polled
by him as first preferences.
Although the question of candidates' expenses does not appear
to be strictly within their terms of reference, the Conference is
strongly ( and unanimously of opinion that the expenditure at
present entailed in fighting a contested election is unjustifiable,
and should be materially reduced. This, the Conference considers
can only be effectively carried out by an alteration in the
maximum amounts at present allowed under the Corrupt and
Illegal Practices Prevention Act, 1883. The Conference ac-
cordingly resolved that
28. (a) The following maximum scale of expenses shall bo
substituted for the maximum scale contained in Part IV. of
744 APPENDIX V.
the First Schedule to the Corrupt and Illegal Practices Pre-
vention Act, 1883:
Severipence per elector in a county.
Fivepence per elector in a borough other than a borough
returning three or more members.
Fourpcnce per elector in a borough returning three or more
members.
(b) Where there are joint candidates the total amount of tho
expenses of the joint candidates shall not exceed one and a
half times the scale allowed for a single candidate.
(c) A duly nominated candidate, or a number of duly nomi-
nated joint candidates, shall be allowed one free postage.
In this connection the Conference has had its attention drawn
to a growing and, as it considers, mischievous practice by which,
at the time of an election, political and other organisations incur
expenditure in the furtherance of the views of particular can-
didates. The practice is, in the view of the Conference, a con-
travention of the spirit of the Corrupt and Illegal Practices
Prevention Act. The Conference realises the difficulty of deal-
ing with the matter, but thinks that some amendment of the
Act is very desirable, and resolved that
29. Any person incurring expenditure by holding public meet-
ings or issuing advertisements or publications for the purpose
of furthering the election of a candidate, shall be guilty of a
corrupt practice unless such expenditure is authorised by the
candidate and returned as part of his election expenses.
30. The Ballot Act shall be made permanent.
VI. THE LOCAL GOVERNMENT REGISTER.
The franchise for Local Government purposes is so closely
connected with the Parliamentary franchise that the Conference
thought it desirable to deal with the matter, and resolved that
31. (a) In substitution for all existing franchises for Local
Government purposes every person who for a period of six months
immediately preceding the 15th day of January and the loth
day of July in any year has occupied as owner or tenant any
land or premises in a Local Government area in England and
Wales shall be entitled to be registered and to vote as a Local
Government elector in that area.
(b) For the purpose of this resolution neither sex nor mar-
riage shall be a disqualification, provided that a husband and
wife shall not both be qualified in respect of the same premises.
(c) The Conference makes no recommendation with regard
to the Local Government franchise in Scotland or Ireland.
VII. SOLDIERS AND SAILORS.
32. (a) It shall be the duty of the Registration Officer to
ascertain, as far as possible, the names and addresses of all
persons of full age who ordinarily reside in his area, but who
are serving in His Majesty's forces, and such persons shall be
qualified to be registered and to vote as parliamentary electors
within that area.
REPORT OF SPEAKER'S CONFERENCE. 745
(b) In the case of a person who has served in His Majesty's
forces during any part of the qualifying period, residence in a
constituency for on month immediately preceding the 15th
January or the loth July, as the casemay be, shall be a sufficient
qualification.
All the resolutions under the foregoing sub-heads I. to VIE.
were agreed to unanimously.
VIII. WOMAN SUFFRAGE.
The Conference decided by a majority that some measure of
woman suffrage should be conferred. A majority of the Con-
ference was also of opinion that, if Parliament should decide
to accept the principle, the most practical form would be to
confer the vote in the terms of the following resolution:
33. Any woman on the Local Government Register who has
attained a specified age, and the wife of any man who is on
that Register if she has attained that age, shall be entitled to
be registered and to vote as a parliamentary elector.
Various ages were discussed, of which 30 and 35 received most
favour.
The Conference further resolved that if Parliament decides
to enfranchise women, a woman of the specified age, who is a
graduate of any University having Parliamentary representa-
tion shall bo entitled to vote as a University Elector.
IX. MISCELLANEOUS.
The Conference resolved unanimously that:
34. The maintenance in any asylum for lunatics or idiots of
any person for whose maintenance any other person is respon-
sible shall not disqualify such other person for being registered
as a Parliamentary elector.
The following resolutions were passed by a majority:
35. This Conference, having considered the recommendation
of the Royal Commission on the Poor Liaws and Relief of Distress,
is of opinion that no person who has received poor relief other
than medical relief for less than thirty days in the aggregate
during the qualifying period, shall be disqualified for being
registered as a parliamentary elector.
36. At any election in a single member constituency where
there are more than two candidates, the election shall be held
on the system of voting known as the alternative vote.
37. (a) Provision shall be made to enable any person who is
on the Parliamentary Register in any constituency to have his
name entered in a List of Absent Voters, and to record his
vote as such, provided that he satisfies the Registration Officer
that the nature of his employment will render it probable that he
will be compelled to be absent from the constituency on the
day when the poll will be taken.
(b) The Absent Voters' List shall be prepared at the same
time as the ordinary Register, and should remain in force during
the currency of that Register.
746 APPENDIX V.
(c) A printed ballot paper shall be sent to every voter at the
address registered by him for the purpose in such form and
manner as will secure the secrecy of the ballot.
(d) The ballot paper sh%ll be returnable by post on or before
the polling day, accompanied by a statutory declaration of
identity in a prescribed form.
(e) A person whose name is on the Absent Voters' List shall
not be entitled to vote otherwise than as an absent voter.
In conclusion, I should like to bear witness to the admirable-
temper and conciliatory disposition which all the members of
the Conference showed in grappling with the difficulties con-
fronting them. They were convinced, I feel sure, of the great
desirability of amicably settling these thorny questions, and of
finding a solution for issues fraught with the possibility of
engendering grave domestic strife and internal friction. They
were desirous of rendering, at a time when the national energies
were almost wholly centred upon the successful prosecution of
the war, a service which might prove of the highest value to
the State, and result in equipping the nation with a truly repre-
sentative House of Commons, capable of dealing, and dealing
effectively, with the many and gigantic problems which it will
have to face and solve as soon as the restoration of peace permits
of their calm and dispassionate consideration.
As a last word, I should like to say, on behalf of all the
members of the Conference, how deeply they are indebted to*
Mr. Jerred for his unfailing courtesy, his untiring energy, and
his accurate acquaintance with the technicalities of electoral
matters, all of which gifts he placed unreservedly at the-
disposal of the Conference.
Yours very truly,
JAMES W. LOWTHER.
To the Eight Hon. the Prime Minister.
ADDITIONAL ORDERS IN COUNCIL. 747
APPENDIX VI.
(SUPPLEMENTARY TO APPENDIX I.)
ADDITIONAL ORDERS IN COUNCIL.
CONTENTS.
PAOK
1. Order in Council dated June 4th, 1918, prescribing fees
in connection with registration purposes, registration
dates, &c. (E. P. 32) 747
2. Order in Council dated June 25th, 1918, as to voting
by proxy by naval and military voters abroad 752
3. The Proxy Paper Order, 1918 753
No. 1.
ORDER IN COUNCIL PRESCRIBING FEES IN
CONNECTION WITH REGISTRATION PUR-
POSES, REGISTRATION DATES, ETC;, (a).
K. P. 32.
At the Court at Buckingham Palace, the 4th day of June,
1918.
. PRESENT,
The King's Most Excellent Majesty in Council.
WHEREAS under the Representation of the People Act, 1918
(hereinafter referred to as " the Act "), various matters are to be
prescribed by His Majesty by Order in Council:
And whereas in particular provision is made by the Act as
follows :
"His Majesty may by Order in Council prescribe the
forms to be used for registration 1 purposes and any fees to
be taken in connection therewith, and alter the rules con-
tained in the Pirst Schedule to this Act for the purpose of
carrying this Act into full effect" . . . (s. 13 (2)) (6):
() See sect. 13 (2), pp. 133, 134, supra, and First Schedule, Rule 31,
pp. 350, 351, supra.
(b) See pp. 133, 134, snpia.
748 APPENDIX VI.
'* Any document required to be published shall be kept
published for the prescribed time " (First Schedule,
Eule 31) (c):
And whereas by Orders in Council dated respectively the 4th
day of March, 1918 (d), and the 22nd day of March, 1918 (e),
made under the powers conferred by the said Act, His Majesty
in Council has been pleased to fix certain registration dates
and dates governing the qualifying period, and also certain forms
for registration purposes, and it is expedient that the said dates
and forms should in some respects be altered:
And whereas it is expedient, in order to avoid any question
which may arise, to comply as respects England and Wales and
as respects Ireland with the provisions of the Rules Publication
Act, 1893,. as to the matters dealt with under this Order, and it
is necessary on account of urgency that any Order providing for
the matters dealt with by this Order should come into operation
forthwith:
Now, therefore, His Majesty is pleased, by and with the advice
of His Privy Council, to order, and it is hereby ordered, as
follows:
1. The documents mentioned in the First Schedule to this
Order shall, as respects the First Register, be kept published in
Great Britain until the dates specified in tlie second column of
that Schedule, and in Ireland until the dates specified in the
third column of that Schedule.
2. The fees specified in the Second Schedule to this Order may
be taken in connection with registration purposes, and shall for
the purposes of the Act be deemed to be the prescribed fees.
3. The names in the absent voters list (/) shall be arranged in
the same order (#) as that in which those names appear in the
register, and the list shall be in the form set out in the Third
Schedule to this Order.
This rule shall not apply to Scotland.
4. There shall be added as a supplement to that part of the
register which relates to any polling district a list, giving with
respect to persons who, though not resident in that polling Dis-
trict, are entitled to vote at a polling place for that district
under Rule 24 (h) of the First Schedule to the Act, the same
particulars as are contained with respect to those persons in
the register, adding in the third column a reference to the
polling district where any such person is registered, provided
that the names shall be numbered consecutively after other names
in the list for such first-mentioned polling district.
5. Claims under the said Rule 24 (h) must be made for the
purposes of the first register before the 31st day of July in
(c) See pp. 3oO, 351, snpra.
(d) See pp. 613, 614, supra.
(e) See pp. 626-627, #/>/>/.
(/) See Rule 3, p. 340, supra, aud pp. 345, 346, supra.
(g) See Rule 4, p. 340, *npra.
(h} See p. 348, supra.
ADDITIONAL OKDEKS IN COUNCIL. 749
Great Britain, and before the 26th. day of July in Ireland, and
shall be in the form set out in the Fourth Schedule to this Order
or a form to the like effect.
6. In connection with the first register to be prepared under
the Act, the registration dates and dates governing the qualify-
ing period referred to in the Fifth Schedule to this Order shall
instead of the dates specified in the said Orders of the 4th day
of March, 1918 (/), and the 22nd day of March, 1918 (7c), be
the dates specified in the Third Column to the Fifth Schedule
to this Order.
This rule shall not apply to Ireland.
7. Where
(a) the statement of any naval or military voter made in
the prescribed form (/) that he would have had the
necessary qualification in any constituency but for
his service; or
(b) (subject to verification by the registration officer) any
statement containing similar particulars supplied by
or on behalf of the Admiralty, Army Council, or Air
Council (in},
is received by the registration officer too late for inclusion in the
electors lists that statement may for all the purposes of the Act
and rules made thereunder be treated as a claim to be registered.
8. Where the registration officer receives from a merchant
seaman, pilot or fisherman any such statement as aforesaid which
includes a statement of actual residence (n) and is therefore to
be regarded as a claim and declaration under section 5 (1) o*f
the Act, he shall nevertheless place the person from whom the
statement is received on the absent voters list unless he gives
notice that he does not so desire.
9. Where a statement (o) for the purposes of the first register
is received by the registration officer not later than the 17th
of August in respect of a person already on the electors lists,
otherwise than as a naval or military voter,, indicating to his
satisfaction that that person is serving on full pay as a member
of any of the naval, military or air forces of the Crown, the
registration officer shall place that person on the absent voters
list unless before that date he gives notice that he does not so
desire.
10. The form specified in the Sixth Schedule to this Order shall
be substituted for Form VI. in Part I. of the Schedule to the
said Order of the 22nd day of March (p) (which prescribes forms
for Scotland), but any claim made in the form as prescribed by
() See pp. 613, 6H, wpra.
(k) See pp. 626627, supra.
(I) See pp. 571574, supra.
(/) See Rule 18, p. 346, supra.
() See p. 573, supra.
(6) See pp. 571 574, supra.
(p) See pp. 626627, supra.
750
APPENDIX VI.
the said Order shall nevertheless be valid for the purposes of the
first register.
11. As respects any registration unit in Ireland in which,
there is no post office or other convenient place at which copies
of documents relating to the unit can be made available for
inspection as required by Rules 27 (q) and 31 (r) of the First
Schedule to the Act, it shall be sufficient compliance with that
requirement if copies of the documents are made available for
inspection by the public at the office of the council of the county
district comprising the registration unit, or at some other con-
venient place in that district to which the public have access
instead of in the registration unit itself, and accordingly those
rules shall be amended so as to give effect to this provision.
12. This Order shall take effect from the date hereof, and,
except as respects Scotland, shall take effect provisionally in
accordance with the provisions of section 2 of the Eules Publi-
cation Act, 1893.
ALMBEIC FiTzRov.
FIRST SCHEDULE.
PUBLICATION OF DOCUMENTS.
Nature of Document.
Electors Lists (First Schedule,
Rule 6).
Notice as to mode of making
claims and objections (First
Schedule, Rule 6).
Corrupt and Illegal Practices
Lists (First Schedule, Rule 8).
List of Claimants (First Sche-
dule, Rule 11).
List of persons to whose regis-
tration notice of objection
has been given (First Sche-
dule, Rule 14).
List of claimants to whose re-
gistration notice of objection
has been jjiven.
Register (First Schedule. Rule
27).
See p. 849, s
Dates.
As regards Great
Britain.
July 18th.
Aug-ust 1st.
July 18th.
August 1st.
August 1st.
As regards Ireland.
July 5th.
July 26th.
July 5th.
July 26th.
July 26th.
1 4 th day after
publication.
The date of the
coining into
force of the
next register.
14th day after
publication.
The date of the
coming into
force of the next
register.
(r) See pp. 350, 351, *upra.
ADDITIONAL ORDERS IN COUNCIL.
751
SECOND SCHEDULE.
FEES FOR COPIES OF LISTS, REGISTERS, ETC.
s.d.
l.*Fpr a copy of the electors lists or of so much of the
lists as relates to any registration unit or units:
not exceeding 100 names 4
for each additional 100 (or part of 100) 2
:2.fFor a copy of any claim or notice of objection 4
3.J For a copy of the register or of so much of the
register as relates to any registration unit or units:
not exceeding 100 names 4
for each additional 100 (or part of 100) 2
* Schedule 1, R. 33. t Schedule 1, R. 33.
+ Schedule 1, R. 28.
THIRD SCHEDULE.
ABSENT VOTERS LIST FOR THE CONSTITUENCY OF
Polling District
Number
as shewn j Names in Full,
in the \ (Surname first.)
Register. I
Qualifying
Premises
as shewn in
Column 3
of Register.
3.
In the case of Naval or
Military Voters descrip-
tion of Service, Ship,
Regiment, Number, Rank,
Rating, &c. In the case
of other Voters, recorded
address.
4.
APPENDIX VI.
FOURTH SCHEDULE.
FORM OF CLAIM TO VOTE IN POLLING DISTRICT WHERE
VOTER DOES NOT RESIDE.
To the Registration Officer for
Address
I, being entered in the electors lists as a Parliamentary
elector for the above constituency as follows: *
and being resident atf , which is not in the polling district
in which I am entitled to be registered, hereby claim to vote
at the polling place situate at^
for the polling district
Signed
Date
* Here insert extract from printed electors lists giving registration
unit and polling district.
t Here insert full postal address of residence.
J Here insert name of place where elector claims to vote.
Here insert distinctive letter and name (if any) of polling district.
FIFTH SCHEDULE.
REGISTRATION DATES, ETC.
Subject-matter.
End of qualifying period .
Publication of lists .
Last day for objections to elec-
tors lists.
Last day for claims .
Last day for claims as absent
voters.
Date referred to in Rule 17
Publication of list of objections
to electors lists.
Publication of list of claimants.
Last day for objections to
claimants.
Publication of list of objections
to claimants (as soon as prac-
ticable after).
Publication and coming into
force of register.
Date specified in Act. I Substituted date.
15th Jan. July
1st Feb. Aug.
15th Feb. Aug.
18th Feb. Aug.
18th Feb. Aug.
18th Feb. Aug.
2 1st Feb. Aug.
24th Feb. Aug.
7th Mar. 4th Sep.
7th Mar. 4th Sep.
15th April Oct.
loth April
29th June
10th July
17th July
3 1st July
17th August
19th July
25th July
3 1st July
31st July
1st October
ADDITIONAL ORDERS IN COUNCIL. 753
SIXTH SCHEDULE.
SUBSTITUTED POEM.
\Here follows form applicable to Scotland,^
No. 2.
ORDER IN COUNCIL DATED JUNE 25m, 1918,
AS TO VOTING BY PEOXY BY NAVAL
AND MILITARY VOTERS ABROAD (/>).
WHEEEAS under Section twenty-three (6) of the Eepresentation
of the People Act, 1918, power is conferred on His Majesty by
Order in Council to direct that voting by proxy by naval or
military voters shall be permitted in any area on land abroad
mentioned in the Order if it appears to Him that ballot papers
sent to that area by post cannot reasonably be returned before
the votes are counted, and that the case cannot be met by an
Order under the said section twenty-three postponing the count-
ing of votes:
And whereas it is expedient, in order to avoid any question
which may arise, to comply as respects England and Wales and
as respects Ireland with the provisions of the Eules Publication
Act, 1893, as to the matters dealt with under this Order, and it is
necessary on account of urgency that any Order providing for
the matters dealt with by this Order should come into operation
forthwith:
Now, therefore, His Majesty, being satisfied as aforesaid, is
pleased, by and with the advice of His Privy Council, to order,
and it is hereby ordered, as follows:
1. Voting by proxy by naval and military voters shall be
permitted in all areas on land outside the British Islands, except
areas in France or Belgium.
2. This Order shall take effect from the date hereof, and,
except as respects Scotland, shall take effect provisionally in
accordance with the provisions of Section 2 of the Eules Pub-
lication Act, 1893.
ALMEEIO FiTzEoy.
(b) See s. 23 (4) (a), p. 174, and p. 201, supra.
F. 48
754 APPENDIX VI.
No. 3.
ORDER IN COUNCIL DATED JUNE BOTH, 1918,
PRESCRIBING FORMS RELATING TO
PROXY PAPERS, BEING THE PROXY
PAPER ORDER, 1918 (c).
WHEREAS under Section twenty-three (c) of the Representation
of the People Act, 1918, power is conferred on His Majesty in
Council to prescribe the forms to be used for the purposes of the
eaid section, and to make regulations as to the mode in which
proxy papers may be issued and cancelled, and generally for the
purpose of carrying the said section into effect:
And whereas it is expedient, in order to avoid any question
which may arise, to comply as respects England and Wales and
as respects Ireland with the provisions of the Rules Publication
Act, 1893, as to the matters dealt with under this Order, and it is
necessary on account of urgency that any Order providing for the
matters dealt with by this Order should come into operation
forthwith:
Now, therefore, His Majesty, being satisfied as aforesaid, is
pleased, by and with the advice of His Privy Council, to order,
and it is hereby ordered, as follows:
A. ISSUE OF PROXY PAPERS.
1. An Application by an elector for the issue of a proxy
paper must be in the following form or in a form to the like
effect:
REPRESENTATION OF THE PEOPLE ACT, 1918.
Application for appointment of a Proxy.
To the Registration Officer for {Here insert name of county
or borough in which the qualifying premises are situated].
I, being entitled to vote by proxy and being or believ-
ing myself to be qualified for registration as a Parliamentary
elector in respect of {Here insert address of qualifying premises,
including if possible the county or borough or parish as the case
may be~\ hereby apply for the issue of a proxy paper appointing
{Here insert no/me of person to act as proxyj who resides at
[Here insert his or her full address'] and is [Here insert relation-
ship, if any, to the elector'] or failing him or her [Here may be in-
serted one or two other names (ivith addresses and relationship to
the elector, if any} in order of preference, if the elector desires
alternatives in case the first named is unwilling or unable to
(c} See s. 23 (6), p. 176, supra, and Third Schedule, pp. 359362, supra.
ADDITIONAL ORDERS IN^ COUNCIL. 755
act or is not qualified for acting] as my proxy to vote on my
behalf at Parliamentary elections for the constituency of
Signed ,
'[Here insert merchant seaman, pilot or fisherman, or
Red Cross or other recognised war service, or if the elector
is in the Navy, Army or Air Force, particulars as to num-
ber, ship, regiment, rank, rating , &c.]
Witnessed by [The witness should be some person to whom
the elector is known and in the case of a sailor, soldier or air-
man should, if possible, be an officer'],
Bank, occupation, &c.
Date
2. An Application by a person authorised by an elector for
the issue of a proxy paper shall be made by sending or deliver-
ing to the Registration Officer an authorisation by the elector
in the following form or in a form to the like effect:
REPRESENTATION OF THE PEOPLE ACT, 1918.
Authority to apply for appointment of a Proxy.
To the Registration Officer for [Here insert name of county
or borough in which the qualifying premises are situated].
I, being entitled to vote by proxy and being or believ-
ing myself to be qualified for registration as a Parliamentary
elector in respect of [Here insert address of qualifying premises,
including if possible the county or borough or parish as the
case may be] hereby authorise [Here insert name of person
authorised to apply for proxy paper] who resides at
to apply for the issue of a proxy paper appointing {Here insert
name of person to act as proxy, and his or her full address]
who resides at and who is [Here insert relationship, if
any, to the elector] or failing him or her [Here may be inserted
one or two other names (with addresses and relationship to the
elector if any] in order of preference, if the elector desires
alternatives in case the first named is unwilling or unable to
act, or is not qualified for acting] as my proxy to vote on my
behalf at Parliamentary elections for the constituency of
Signed ,
[Here insert merchant seaman, pilot or fisherman, or
Red Cross or other recognised war service, or if the elector
is fm the Navy, Ai*,my or Air Force, particulars as to num-
ber, ship, regiment, rank, rating, &c.]
Witnessed by [The witness should be some person to ivhom
the elector is known, and in the case of a sailor, soldier, or air-
man should, if possible, be an officer],
Rank, occupation, &c.
Bate
NOTE. This authority will not be recognised unless it is duly
signed and witnessed and dated, and the name and address of the
authorised person and the names of the person or persons, one
of whom is to be appointed as proxy, are filled in by the elector.
Any other particulars may, if desired, be left to be filled in by
48(2)
756 ^APPENDIX VI.
the authorised person. The authorised person must send or
deliver this form to the Eegistration Officer.
The authorised person may, of course, be entered as the person
or one of the persons to be appointed as proxy, if qualified.
If so, it will be convenient if before sending this form to the
Eegistration Officer he will sign the statement below showing that
he is willing to act as proxy.
I am willing to act as Proxy.
Date . Signature of authorised person
3. The Registration Officer on receiving an application for the
appointment of a proxy shall if satisfied that a proxy may be
appointed intimate to the person named as proxy (or if more than
one is named to the first named) unless he knows that that person
is not qualified to be appointed as proxy, or has expressed his
unwillingness to act, that it is proposed to appoint him as proxy
for the elector, and that if no notice is received within seven days
intimating that he is unwilling or unable to act as proxy for the
elector, a proxy paper will be issued to him and he will be
entered on the list of proxies.
If at the expiration of the said seven days no notice is received
intimating that the person named (or first named) as proxy is
unable or unwilling so to act, the Registration Officer shall send
or deliver a proxy paper to that person, unless otherwise directed,
and shall enter his name on the list of proxies.
4. If within seven days from the date of sending the intimation
notice is received by the Registration Officer informing him that
the person named as proxy is unable or unwilling so to act the
E/egistration Officer shall, if a second or third name is given in
tho form of application, deal in like manner with the person or
persons so named.
If the person named or, if more than one person is named, all
of the persons named, are unable or unwilling so to act, or are not
qualified to act, or if for any other reason the Registration Officer
does not comply with the application and issue a proxy paper, the
Registration Officer shall send a notice to the elector informing
him that no proxy paper has been issued and explaining the
reason.
5. The proxy paper to be issued by the Registration Officer
shall be in the following form or a form to the like effect:
REPRESENTATION OF THE PEOPLE ACT, 1918.
PROXY PAPER.
Constituency
Polling District
(Name)
(Address)
is hereby appointed as Proxy for
(Name of elector)
who is registered as a Parliamentary Elector in respect of
(Address of qualifying premises)
ADDITIONAL ORDERS IN COUNCIL. 757
to vote for such elector at all Parliamentary Elections for the
above constituency whilst this Proxy Paper remains in force.
Signature of Registration Officer
Date
NOTE. The person appointed as Proxy should carefully pre-
serve this paper which must be produced at each election to
the Presiding Officer at the polling booth, who will then issue
a ballot paper to be marked in the usual way.
B. CANCELLATION OP PROXY PAPBES.
6. A notice to the Registration Officer cancelling a proxy paper
must be in the following form or in a form to the like effect:
REPRESENTATION OF THE PEOPLE ACT, 1918.
To the Registration Officer for
I, being registered as a Parliamentary elector in respect
of the following premises \Here insert address of qualifying pre-
mises, including, if possible, the county or borough or parish
as the case may be~] hereby cancel any proxy paper issued in
respect of the above qualification.
Signed
Witnessed by \The witness should be some person to whom
the elector is known, and in the case of a sailor, soldier or air-
man should, if possible, be an officer].
Date
7. Where a proxy paper is cancelled the Registration Officer
shall send notice of the cancellation to the person who has been
appointed proxy under the cancelled paper, and shall delete his
name from the list of proxies.
0. GENERAL.
8. This Order shall take effect from the date hereof, and,
except as respects Scotland, shall take effect provisionally in
accordance with the provisions of Section 2 of the Rules Pub-
lication Act, 1893.
9. This Order may be cited as the Proxy Paper Order, 1918.
ALMERIC
( 759 )
INDEX.
ABEOAD, meaning of, 83.
ABSENT EMPLOYEE,
be entitled to business premises qualification, 36.
ABSENT VOTEE,
not to vote except as, under sect. 23... 176, 202203.
special provisions as to allowing more time for receipt of
ballot papers during war, 173 174, 200.
voting by, 172 203.
ABSENT VOTEES LIST, 177178.
who is to be entered on, 178.
naval or military voters to be placed on, 177 178.
who may claim to be placed on, 345.
time for claim, 345.
who is to be placed on, by registration officer, 345 346.
naval or military voter, duty of registration officer to place
on, 345346.
naval or military voter, when not to be placed on, 345 346.
record of addresses of persons on, to be kept, 346.
person whose name is on, not to vote except as absent
voter under sect. 23... 176, 202203.
preparation of, by registration officer, 340.
ABSOLUTELY EXEMPTED, conscientious objector, 113.
ACT, commencement of present, 336.
ACTING EETUENING OFFIOEE,
discharge of returning officer's duties by, 217 220.
who is, 217, 218.
ACTS, ADAPTATION OF, 308, 386388.
Scotland, 388390.
Ireland, 390.
760 INDEX.
ACTS AND BULBS BELATING TO CIVIL SEBVIOE,
what are, 153.
ACTS MADE PEBMANENT, 278.
ACTUAL BESIDENCE, what is, 1112.
ADDBESSES, EEOOED OF,
registration officer to keep, of naval or military voters and
persons on absent voters list, 346.
conditions under which, open to inspection, 346.
ADMIBALTY,
list of work recognised by, Army Council and Air Council
as of national importance, 635.
information as to naval or military voters to be supplied to
registration officer by, Army Council and Air Council, 346.
rules by, proscribing meaning of "afloat," 628.
APMINISTBATIVE COUNTY, meaning of, 63.
ADVEBTISEMENTS, OIECULAES OE PUBLICATIONS,
meaning of "publications," 271.
AFLOAT,
expression, to be interpreted in accordance with rules made
by Admiralty, 308.
meaning of, 8384, 628.
rules by Admiralty prescribing meaning of, 628.
AGE,
how reckoned, 307.
when attained, 4.
declaration as to, registration officer may require, before
registering any person, 352.
fee in connection with, 352.
registration officer to allow inspection of, and copy of,
to be made, 352.
required for naval or military voter, 80 82.
male naval or military voter qualified at 19 years of, 80 82.
AGE, FULL, what is, 4.
AGENT, ELECTION. See ELECTION AGENT.
INDEX. 761
AIR COUNCIL,
information as to naval or military voters to be supplied
by Admiralty, Army Council and, to registration officers,
346.
list of work recognised by, Admiralty and Army Council
as of national importance, 035.
ALIEN, subject to legal incapacity, 5.
ANNUAL VALUE. See YEAELY VALUE.
APPEAL,
notice of, from decision of registration officer, when and
how to be given, 350.
notice of, to be forwarded by registration officer to County
Court, 350.
statement of material facts to accompany notice, 350.
information to be furnished to County Court by registration
officer when required, 350.
from registration officer, when lies, 137.
to County Coujrt, when lies, 137.
from County Court to Court of Appeal, when lies, 135, 137
138.
in Scotland, 138.
in Ireland, 138139.
consolidation of appeals, when registration officer to inform
County Court that it appears desirable, 350.
test case, 350.
APPEAL, COURT OP,
appeal from County Court to, 135, 137138.
rules of, 135137, 669671.
APPEALS, 134139.
in Scotland, 138.
in Ireland, 138139.
APPEAEANOE
of parties on hearing of claims and objections, 353.
AREA in which voting by proxy is permitted, 174, 201, 753.
AREA, LOCAL GOVERNMENT ELECTORAL,
definition, 305.
762 INDEX.
AREA, REGISTRATION,
what is, 128, 130131.
in Scotland, 131.
in Ireland, 132.
AREA, VOTING, what is, 339.
ARMY COUNCIL,
list of work recognised by, Admiralty and Air Council as
of national importance, 635.
information as to naval or military voters to be supplied
by Admiralty, and Air Council to registration officers, 346.
ASSISTANT OVERSEER,
compensation to, who suffers loss in consequence of Act,
148153.
meaning of, in sect. 18... 149.
in Ireland, 153, 332.
ASYLUM, LUNATIC,
patient in, not to be treated as resident therein, 15, 306.
AUTHORITY, LOCAL GOVERNMENT, meaning of, 124.
AUTUMN REGISTER, 125130.
period during which, in force, 127 128.
BALLOT ACT, 1872,
made permanent, 278.
modifications of, 357 358.
modified by sect. 21 of Act, 161, 162163.
offences under, 285 287.
BALLOT PAPER,
grounds for rejection of, by returning officer, 182 200.
rules as to, 182 200.
when invalid, 182 200.
want of official mark, 186 187.
voting for more candidates than entitled to, 187.
writing or mark by which voter could be identified, 187.
unmarked or void for uncertainty, 187 200.
counting of, 182200.
sending, to absent voter, 180.
INDEX. 763
BALLOT PAPER continued.
spoilt, 210.
tendered, marking, 166.
asking for, in circumstances which only entitle voter to
mafk tendered, not an illegal practice under sect. 22...
164165, 166.
marked by absent voter, to be treated by returning officer
like ordinary, 173, 181200.
not to be sent to absent voter who has appointed proxy,
175176, 202.
not to be sent to naval or military voter who is serving in
area where voting by proxy is permitted, 175 176, 202.
BIETH, CERTIFICATE OF,
registration officer may require, before registering any
person, 352.
how any person requiring, may obtain, 353.
fee, 353.
BLAOKROCK AND PEMBROKE,
townships of, contributions by, in respect of registration
expenses, 145.
BODIES WITHIN SECT. 5 (3) (ii) (b),
list of, with addresses, 608.
BODIES RECOGNIZED AS WORK OF NATIONAL IMPOR-
TANCE, list of, with addresses, 608609.
BOROUGH,
when expression includes a university constituency, 281.
BOROUGH COUNCIL, registration expenses and, 139145.
BOROUGH ELECTION,
expression, in First Schedule (Part IV.) of Corrupt Prac-
tices Act, 1883, as to maximum scale of election expenses
includes university election, 281.
BOROUGH FUND OR BOROUGH RATE,
registration expenses to be paid out of, 139 140.
when no, how paid, 139 140.
contribution by Parliament to, 141.
764 INDEX.
BOROUGHS, PARLIAMENTARY,
list of, showing divisions, contents, and number of members
London, 40^-419.
England, excluding London and Monmouthshire, 419
46$.
Wales and Monmouthshire, 466 467.
Scotland, 468481.
list of, containing more than one borough or urban district,
633634.
BRIBERY, 289 291.
punishment for, 293 294.
BRITISH SUBJECT,
alone qualified, 121122.
effect of provisions of sect. 9 (3) as to persons not, 1,22.
effect of disqualification of aliens, 122.
See also ALIEN, LEGAL INCAPACITY.
BUSINESS, meaning of, 3436.
BUSINESS PREMISES, what are, 28.
BUSINESS PREMISES QUALIFICATION,
what is, 2437.
of naval or military voter (male), 86 91.
BYE-ELECTION. See ELECTION.
CANDIDATE,
at parliamentary election, meaning of, 271 273.
expenses of. See ELECTION EXPENSES.
may use elementary school for public meetings, 204 206.
must include charge for use of school in election expenses,
206.
need not include damage to school in election expenses, 206.
deposit by, 207208.
forfeiture of deposit by, 208 210.
deemed to be withdrawn within provisions of Ballot
Act, 208.
withdrawn in pursuance of Ballot Act, 208.
death of, commencement afresh of proceedings with rela-
tion to election on, 163 164.
INDEX. 765
CANDIDATE, PEESONS EMPLOYED BY,
previous disqualification of, removed, 115, 122.
CASUAL VACANCY,
meaning of election to fill a, 111.
voting at election to fill, 111112.
local government elector may vote for more than one ward
or electoral division to fill, 110 112.
OENTEAL TEIBUNAL,
what is, 119.
procedure by applicant before, 119.
time for application to, 119.
certificate of, 120121.
OEETIFICATE,
of Central Tribunal, 120121.
authorizing employ^ of returning officer to vote at polling
station other than allotted polling station, 203 204.
OIECULAES,
issuing, for purpose of promoting or procuring election of
candidate, by unauthorized persons, 269 277.
CITY OF LONDON. See LONDON.
CIVIL SEEVICE, ACTS AND EULES EELATINQ- TO,
what are, 1,53.
OHAMBEES IN INNS OF COUET, are a "house," 19.
OHAIEMAN OF UEBAN DISTEIOT COUNCIL,
returning officer, 211.
CLAIM,
who may make, to be registered, 342.
time for making, 342343.
form of, 343, 562569.
where, made by another person on behalf of claimant, 343.
publication by registration officer of lists of claimants, 343.
time for, 343.
consideration of, by registration officer, 347.
time for, 347.
notice to parties as to, 347.
powers of registration officer on, 347.
registration officer to supply forms of, without fee, 351.
registration officer to supply copy of, on payment of fee, 35L
766 INDEX.
CLAIM continued .
mode of sending, 351.
who may appear on consideration of, 353.
powers and duty of registration officer with respect to cor-
rection of lists in consequence of his decision on, 347
348.
notice as to mode of making, duty of registration officer
to publish, 341.
appeal from decision of registration officer as to, 134-137.
by naval or military voter to be registered for actual resi-
dence qualification, 91 92.
CLAIM AS TO POLLING PLACE,
person residing outside polling district in which he is regis-
tered may make claim to vote at another polling
place, 348.
form of claim, 752.
CLAIMANT,
appeal by. See APPEAL.
no appeal by, who has not availed himself of opportunity
of being heard before registration officer, 135, 137.
CLAIMANTS, LISTS OF,
publication by registration officer of, 343.
time for, 343.
CLEEK,
in employment of candidate, previous disqualification of,
removed, 115, 122.
COMMON COUNCIL,
registration expenses of, how paid, 146.
COMMENCEMENT OF ACT, 336.
COMPENSATION TO ASSISTANT OVEESEEES, 148153.
how calculated, 149152.
CONSCIENTIOUS OBJECTOE, 117121.
legally incapacitated, 7, 118.
effect of disqualification, 118.
taking up service of naval or military voter, 119120.
time for, 120.
taking up work of national importance, 120.
absolutely exempted, 113.
wife of, not disqualified, 121.
INDEX. 767
CONSTITUENCY,
meaning of, other than a university constituency, 3, foot-
note (a).
meaning of words "in that constituency," in sect. 4 (1)...
7172.
registration in more than one, 108.
definition, 305.
division of county or borough regarded as, 305.
university, definition of, 306.
'OONSTEUCTIVE OCCUPATION,
in business premises qualification, 26 27.
in local government franchise, 44 45.
OONSTEUOTIVE RESIDENCE, what is, 1.215.
CONVICT, legally incapacitated, 56.
COEEUPT AND ILLEGAL PEACTICES,
committed outside United Kingdom, 283 303.
period of time within which proceedings in respect of, must
be commenced, 302303.
OOEEUPT AND ILLEGAL PRACTICES LIST,
duty of registration officer to publish, 342.
COEEUPT AND ILLEGAL PEAOTICES PEEVENTION
ACT, 1883, made permanent, 278.
COEEUPT PEAOTIOE,
incurring expenses on account of public meetings, etc.,
without candidate's authorization, 274 376.
punishment, 274r 276.
list of corrupt practices, 287293.
punishment of personation, 287 288.
other, 293294.
person guilty of, when subject to legal incapacity, 6 7.
COEEUPT OFFENCE, PEESON GUILTY OF,
legally incapacitated, 7.
COUNCIL, BOROUGH, registration expenses and, 139141.
COUNCIL, COUNTY, registration expenses and, 139141.
OOUNOILLOE,
qualification of, for membership of local government autho-
rity, 123124.
768 INDEX.
COUNSEL,
may not appear on hearing of claim or objection, 353.
may appear on appeal, 641.
COUNTIES, PARLIAMENTARY,
list of, showing divisions, contents and number of members
England, excluding Monmouthshire, 482 536.
Wales and Monmouthshire, 536 543.
Scotland, 543554.
list of, containing more than one county, 632.
COUNTY COUNCIL, registration expenses and, 139141.
COUNTY COURT, 1.35139.
defined, 135139.
rules of, 135137, 636668.
appeal to, when lies, 137.
appeal from, 135138.
registration officer to furnish information to, when required,
350.
as to consolidation of appeals, 350.
COUNTY COURT RULES, 135137, 636668.
forms, 648661..
COUNTY COURT RULES, 1918 (No. 2), 662668.
COUNTY FUND,
registration expenses to be paid out of, 139 140.
COUNTY PURPOSES, SPECIAL,
registration expenses may be paid as expenses for, 139 140.
COURT OF APPEAL,
. appeal from County Court to, 135 138.
rules of, 135137, 669671.
COURT, RULES OF, 135137, 636671.
DATES,
in connection with first register, 128 129.
alteration of, in connection with first register, 336.
See also REGISTRATION DATES.
DAY OF ELECTION,
meaning of, at general election, 179 180.
at bye-election, 179, 180.
INDEX. ?69
DAY OP NOMINATION. See NOMINATION.
DAY OF THE POLL, See POLL.
DECLARATION OF IDENTITY,
to be sent with ballot paper to absent voter, 173, 181.
DECLARATION,
as to age or nationality, registration officer may require,
before registering any person, 352.
fee in connection with, 352.
registration officer to allow inspection of, and copy of,
to be made, 353,.
by candidate as to election expenses, 264.
by election agent as to election expenses, 264.
DECLARATIONS,
at university election, provided by present Act, 358.
DEPOSIT,
by candidates, 207 208.
forfeiture of candidate's, 208210.
at university election, 210.
when election held under system of transferable vote,
how number of votes reckoned, 210.
DESCRIPTION, INACCURATE,
provisions as to misnomer or, 353 354.
DIRECT PECUNIARY LOSS, meaning of, 149152.
DIRECTIONS OF LOCAL GOVERNMENT BOARD
to registration officers, 133.
See also LOCAL GOVERNMENT BOARD, DIRECTIONS OF.
DISQUALIFICATION,
of returning officer for being candidate removed in certain
cases, 218, 219.
in Scotland, not removed, 220.
in Ireland, not removed, 220.
DISQUALIFICATIONS, 112123.
poor relief no longer disqualifies, 116 117.
conscientious objectors, 117 121.
legally incapacitated, 118.
effect of disqualification, 118.
women cannot be, 117.
See also LEGAL INCAPACITY.
F. 49
770 INDKX.
DIVISION
of county or borough regarded as a constituency, 305.
DOCUMENT,
destruction, mutilation or removal of, penalty for, 351.
DOCUMENTS, PUBLICATION OF,
meaning of, in Registration Eules, 350 351.
keeping document published, 351.
periods during which particular documents must be kept
published, 748, 750.
effect of non-compliance with rules as to, 351.
penalty, 351.
DUTIES, REGISTRATION, 133134.
penalty for failure to perform, 133 134.
DWELLING-HOUSE,
what is, 4954, 307.
inhabited by virtue of office, service or employment, 49 56.
not inhabited by person in whose service elector is, 55 56.
does not include lodgings, 70.
definition of, in present Act, 307.
ELECTION,
day of, at general election, meaning of, 179.
at bye-election, 179.
time appointed for, 207 208.
when begins, 242250.
meaning of, in sect. 8 (2)... 111.
to fill a casual vacancy, meaning of, 111.
voting at, 111 112.
held during present war or 12 months thereafter, special
provisions as to, 337.
ELECTION AGENT,
appointment of, 271.
necessity for early, 276 277.
written authorization of, necessary for holding public meet-
ing, etc., in support of candidate, 276.
ELECTION AGENT, SUB-AGENT, POLLING AGENT,
CLERK OR MESSENGER,
previous disqualification of, removed, 115, 122.
INDEX. 771
ELECTION, BOROUGH,
expression, in First Schedule (Part IV.) of Corrupt Practices
Act, 1883, as to maximum scale of election expenses in-
cludes university election, 281.
ELECTION EXPENSES, 223264.
what are, 224232, 242250.
maximum scale of, 223, 228, 229, 230232.
return of, 264.
declaration by election agent, 264.
declaration by candidate, 264.
persons legally employed for payment, 224226, 231232,
232242.
of joint candidates, 229230.
illegal practice of incurring expense in excess of maximum,
231.
fee to election agent, 232.
personal expenses of candidate, 232.
public meetings, 250253, 263264.
political education, 250 253.
pamphlets, etc., 253 254.
4( nursing " constituency, 254 255.
committee room, 255 256.
registration, improving, 257 259.
newspaper, 258 259.
conversazione, 259 260.
expense incurred by association, 260 262.
printing and publishing addresses, etc., 262 263.
university election, at, 281.
applicability of maximum scale to, 281.
expenses of public meetings, advertisements, circulars, etc.,
not to be incurred by unauthorized persons, 269 277.
must be returned as part of candidate's, 276.
corrupt practice of incurring such expense, 274 276.
punishment, 274276.
written authorization of election agent necessary, 276.
charge for use of elementary school to be included in, 206.
damage to elementary school need not be included in, 206.
ELECTION, GENERAL, definition, 306.
ELECTION, LOCAL GOVERNMENT, definition, 305306.
49(2)
77^ INDEX.
ELECTION, PLACE OP,
what is, 223.
in Scotland, 223.
in Ireland, 223.
ELECTION PETITION,
when vote may be disallowed on, 1013 107.
ELECTION, UNIVERSITY, definition of, 306.
See also UNIVERSITY ELECTION.
ELECTOR, PARLIAMENTARY,
meaning of, " for a constituency (other than a university
constituency)," 3, footnote (a).
for university constituency, meaning of, 38.
ELECTORAL AREA, LOCAL GOVERNMENT, definition, 305.
ELECTORAL DIVISION, WARD OR,
local government elector not entitled to vote for more than
one, except to fill casual vacancy, 110 112.
local government elector may be registered in more than one,
except in municipal borough, 111.
ELECTORS LISTS,
duty of registration officer with respect to preparation of, 341.
form of, 341, 603604.
registration officer to allow inspection of, 351.
registration officer to allow extracts to be taken from, 351 .
registration officer on payment of fee to supply copies of, 351 .
corrections in, by registration officer otherwise than in pur-
suance of claim or objection, 348 349.
notice to person affected, 348 349.
formation of, into register, 349.
powers and duty of registration officer to correct and make
complete, 347348.
duty of registration officer to publish, 341.
date for publication, 341.
notice as to mode of making objections to, duty of regis-
tration officer to publish, 341.
notice as to mode of making claims, duty of registry tiou
officer to publish, 341.
INDEX. 773
ELEMENTARY SCHOOL,
right to use- of, by candidate, 204 206.
charge to cover expenses incurred by local education
authority, 205206,
to be returned as part of election expenses, 206.
damage to, by reason of use by candidate, 205 206.
not an election expense, 206.
meaning of, in Scotland, 207.
EMPLOYEE
may possibly be entitled to business premises qualification,
36, 37.
EMPLOYEE,
when, occupies premises for purpose of business, profession
or trade, 34^-36.
EMPLOYEE, ABSENT,
may be entitled to business premises qualification, 36.
EXEMPTION, ABSOLUTE,
of conscientious objector, effect of, on qualification, 113.
EXPENSES,
of returning officer, 214 217.
Treasury scale of maximum, 216, 217.
Treasury regulations as to, 216, 217.
of public meetings, advertisements, circulars, etc., not to be
incurred by unauthorized persons, 269 277.
written authorization of election agent necessary, 276.
must be returned as part of candidate's election ex-
penses, 276.
incurring, on account of public meetings, or issuing adver-
tisements, circulars or publications by unauthorized
persons, is corrupt practice, 292 293.
punishment for, 293 294.
EXPENSES, EEGISTEATION, 139145.
scale of, 610 612. See also EEGISTRATION EXPENSES.
FAOTOE,
registration officer may require, of householder, etc., to giy
information, 352.
penalty for not giving or giving false, 352.
774 INDEX.
FALSE DEOLAEATION, MAKING KNOWINGLY, 292.
punishment for, 293294.
FEE,
list of foes in connection with registration, 751.
for registration for university constituency, 154, 155.
fees received by registration officer to be accounted for, 141,
142.
FELON, subject to legal incapacity, 5 6.
FIEST EEGISTEE,
coming into force and duration of, 336, 752.
alteration of registration dates in connection with, 336, 749,
752.
period during which to be kept published, 748, 750.
FISHEEMAN,
when, may vote by proxy, 174 175, 201.
included in " naval or military voters," 77 78, 83 84.
FIVE POUNDS, yearly value of, meaning of, 7071.
FLAT may be a "house," 1720.
FOEFEITUEE OF DEPOSIT, 208210.
FOEMS,
Order in Council prescribing, for registration purposes, 133
134, 555578.
Order in Council prescribing, for Scotland and Ireland, 626
627.
County Court Eules Forms, 648661.
Form of Information from Householder or Occupier
(Form A), 556560.
of Information from Owner, Agent or Factor
(Form B), 560561.
requiring supplemental information (Form 0), 561.
of Claim to be registered, Man's Parliamentary Claim
(Eesidence Qualification), 562.
of Eequisition for certified copy of entry of birth, 576.
of Eegister, 577578.
of Claim to be registered, Man's Parliamentary Claim
(Business Premises Qualification), 563.
of Claim to be registered, Woman's Parliamentary
Claim (Own Occupation), 564.
INDEX. 775
FORMS continued.
of Claim to be registered, Woman's Parliamentary
Claim (Husband's Occupation), 565.
of Claim to be registered, Local Government Claim
(all Oases except that of a Woman Claiming in
respect of her Husband's Qualification), 566.
of Claim to be registered, Loc&l Government Claim
(Woman Claiming in respect of Husband's Quali-
fication), 567.
of Claim to be registered, Claim made by. one Person
on behalf of another (Parliamentary), 568.
of Claim to be registered, Claim made by one Person
on behalf of another (Local Government), 568.
of Claim for Correction of Entry in Lists, 569.
of Claim and Declaration to be made by Naval and
Military Voters before being registered in respect
of an Actual Residence Qualification, 569.
of Notice of Objection to Lists of Parliamentary
Electors, 570.
of Notice of Objection to Lists of Local Govern-
ment Electors, 570.
of Notice of Objection to Claims (Parliamentary), 570.
of Notice of Objection to Claims (Local Govern-
ment), 571.
Forms of Statement to be made under sect. 5 (2) of the
Act, by Men, 571573.
by Women, 573 574.
Form of Claim to be placed on Absent Voters List, 575.
of Notice of Appeal from decision of registration
officer to registration officer, 575.
to opposite party, 576.
of voting paper at university election, 372.
Scotland, 383386.
of claim to vote in polling district where voter does
not reside, 752.
of application for appointment of a Proxy, 754.
of authority to apply for appointment of a Proxy,
755.
of Proxy Paper, 756.
of Cancellation of Proxy Paper, 757.
of Receipt for money levied or paid under process,
666.
of Certificate on Taxation under sect. 29 of present
Act, 667.
776 INDEX.
FORMS continued.
of claim and notices of objections to be supplied by regis-
tration officer without fee, 351.
FOUR MONTHS,
meaning of provisions as to letting during, 16 23.
in local government franchise, 45 46, 60.
FRANCHISE,
parliamentary (men), 1 37.
university, men, 37 40.
for Scottish universities, 39.
iocal government (men), 40 63.
parliamentary (women), 63 73.
university (women), 73.
-fecal government (women), in own right, 73 75.
-local government (women) in husband's right, 75 76.
of male naval or military voter, 76 93.
residence qualification, 86 90.
actual, 9193,
business premises qualification, 86 91.
university qualification, 86, 90, 93.
of female naval or military voter, 93 94.
parliamentary and local government franchise enacted by
present Act to take the place of all parliamentary and
local government franchises previously existing, 308.
FRANCHISE, SERVICE,
for local government elections, 48 56.
FRANCHISES, MEMORANDUM AS TO,
issued by Local Government Board to registration officers,
589596.
FREE POSTAGE, right to, by candidate, 264269.
FREEHOLD, COPYHOLD OR ANY OTHER TENURE,
owner of property held by, meaning of in sect. 10... 124.
FREEMEN,
registration of, 147 148.
voting by, 147 148.
FULL AGE,
what is, 4.
women must attain, for loi'al government franchise in own
right, 7374.
INDEX. 777
FULL PAY,
serving on, as member of naval, military or air forces of
Crown, 8283.
women may perhaps be, 82 83.
FUND, BOROUGH,
registration expenses to be paid out of, 139 140.
where no, or borough rate, how paid, 139 140.
contribution by Parliament, to, 141.
FUND, COUNTY,
registration expends to be paid out of, 139 140.
FURNISHED HOUSE. See LETTING.
GENERAL ELECTION, definition, 306.
GROSS ESTIMATED RENTAL,
what is, 28 33.
opinion of registration officer as to, 30 33.
GROSS VALUE,
what is, 2833.
opinion of registration officer as to, 30 33.
HOLIDAYS
not to be counted in reckoning time for purposes of Regis-
tration Rules,. 353354.
HOUSE, meaning of, 1622.
"HOUSE" AND "DWELLING-HOUSE," DIFFERENCE
BETWEEN, 2122.
HOUSEHOLDER,
registration officer may require, or occupier of land to give
information, 352.
notice requiring jnformation may be sent by post, 352.
penalty for not giving or giving false information, 352.
HOUSE TO HOUSE INQUIRY,
registration officer to make, for purpose of preparing electors
lists, 341.
778 INDEX.
IDENTITY, DEOLAEATION OF,
to be sent with ballot paper to absent voter, 172 173, 181-
IDIOT, subject to legal incapacity, 5.
ILLEGAL EMPLOYMENT, 300301.
punishment of, 302.
candidate or election agent guilty of, 302.
person guilty of, etc., legally incapacitated, 6, 7.
ILLEGAL HIEING, 301302.
punishment of, 302.
candidate or election agent guilty of, 302.
ILLEGAL PAYMENT, 299300.
punishment of, 302.
candidate or election agent guilty of, 302.
ILLEGAL PEACTIOE,
person guilty of, when subject to legal incapacity, 6 7.
list of illegal practices, 294 299.
punishment of, 299.
voting for more constituencies than allowed, punishment
for, 164165, 166.
relief from, 164r 165, 166.
incurring expense in excess of maximum is an, 231 .
in connection with voting by proxy, 361.
ILLEGAL PEACTICES, OOEEUPT AND,
duty of registration officer to publish list of, 342.
IMBECILE, subject to legal incapacity, 5.
INAOCUEATE DESOEIPTION,
provisions as to misnomer or, 353.
INCAPACITY, LEGAL. See LEGAL INCAPACITY.
INFANT, subject to legal incapacity, 5.
INFOEMATION,
registration officer may require any householder, etc., or
factor to give, 352.
notice requiring, may be sent by post, 352.
penalty for not giving or giving false, 351.
INFEINGEMENT OF SEOEEOY, 286287.
INDEX. 77$
INQUIRY,
house to house, to be made by registration officer, for pur-
pose of preparing electors lists, 341 .
INSTRUCTIONS
by Local Government Board to registration officers. See
LOCAL GOVERNMENT BOARD, DIRECTIONS OF.
INTERPRETATION, 305308,
IRELAND,
application of Act to, 326 335 V .
meaning of "yearly value" in, 33, 335.
register in, 130, 334335.
registration officers and areas in, 132, 327 328, 329330.
appeals in, 138139, 331.
registration expenses in, 143145, 327329, 331332.
meaning of "expenses properly incurred by the regis-
tration officer " in, 144 145.
application of Registration Rules to, 354 357.
registration forms for, Order in Council prescribing, 626
627.
ISLES OF SCILLY, application of Act to, 335.
JOINT OCCUPATION,
in business premises qualification, 37.
in local government franchise, 56 57, 60.
by lodgers, 60.
may be by one on behalf of others, 57.
in women's parliamentary franchise, 69 70.
LAND OR OTHER PREMISES,
meaning of, for business premises qualification, 28.
LAND OR PREMISES,
meaning of, for local government franchise, 60.
LAND OR PREMISES (NOT A DWELLING-HOUSE) OF
YEARLY VALUE OF 5. meaning of, 70.
LAST DAY OF QUALIFYING PERIOD, what is, 9.
780 INDEX.
LAW, POINT OF,
appeal to Court of Appeal only on, 137 138.
what is, 138.
LEGAL INCAPACITY,
effect of, 78.
nature of, 4.
for men's parliamentary franchises, who are subject to, 5 7.
for men's university franchise, 38.
for men's local government franchise, 42.
for franchises of women, 67 68, 73, 74, 75.
for franchise of naval or military voter, 82.
duty of registration officer as to persons subject to, 7 8.
LETTING QUALIFYING PREMISES,
effect on residence qualification, 16 23.
four months need not be consecutive, 22.
tenant may qualify, 22 23.
effect on business premises qualification, 27 28.
in local government franchise, 45 46.
LIMITATION,
period of time within which proceedings under sect. 38 may
be commenced, 283.
what is, 303.
how reckoned, 284, 302303.
LIMITATION IN NUMBER OF VOTES ALLOWED, 108112.
LISTS OF CLAIMANTS,
publication of, by registration officer, 343.
time for, 343.
LISTS OF PERSONS OBJECTED TO,
publication of, by registration officer, 344 345.
time for, 344345.
LISTS. See ELECTORS LISTS.
LIVERY-MAN. See FREEMEN.
LOCAL GOVERNMENT AUTHORITY, meaning of, 124.
LOCAL AUTHORITY, QUALIFICATION FOR MEMBER-
SHIP OF, 123124.
enlarged by present Act, 123.
INDEX.
LOCAL GOVERNMENT BOARD, DIRECTIONS OF,
to registration officers, 133 134.
as to duties of registration officer, 579 580.
certificates of birth and statutory declarations, 580.
franchises, 580581, 589596.
order of names in register, 581 582.
employment of overseers, 582 583.
registration expenses, 583 584.
printing arrangements, 584 587.
appointment of deputy registration officers, 587 588.
to registration officers, as to division of parliamentary con-
stituencies into polling districts and appointment of poll-
ing places, 618619.
to registration officers, as to registration expenses, 620.
as to order of names in register, 621.
as to vacancy in office of registration officer, 621.
as to polling districts and polling places, 621622.
as to access to food registers, 623.
as to naval and military voters, 623 624.
as to provision of ballot boxes, etc., 624 625.
as to work recognized under sect. 5 (3) (ii) (c), 625.
as to registration of naval or military voters, 628 629.
as to delivery of cards containing statements of naval
or military voters, 630631.
as to title for electors lists, 631.
as to absent voters list, publication of documents, etc.,
632.
LOCAL GOVERNMENT ELECTION, definition, 305306.
LOCAL GOVERNMENT ELECTORAL AREA, definition, 305.
LOCAL GOVERNMENT (ELECTIONS) ACT, 1896,
made permanent, 278.
LOCAL GOVERNMENT FRANCHISE. See FRANCHISE.
LODGER,
difference between tenant and, 57 58.
meaning of, 58.
difference between " occupation " by, and occupation by
tenant, 5960.
apartments of, must be unfurnished for local government
franchise, 57 58.
occupation by, meaning of, 59 60.
joint occupation by, 60.
782 INDEX.
LODGINGS cannot be a "dwelling-house,'* 70.
LOSS, DIRECT PECUNIARY, meaning of, 149153.
LUNATIC, subject to legal incapacity, 5.
LUNATIC ASYLUM. See ASYLUM.
MARK,
against name in register, 340, 577.
placing of, against name in register, appeal from regis-
tration officer as to, 135, 136, 137.
MEETING OF PARLIAMENT, time appointed for, 162.
MEMBER OF NAVAL, MILITARY OR AIR FORCES OF
CROWN, 8283.
women may perhaps be, 82 83.
MEMORANDUM AS TO FRANCHISES,
issued by Local Government Board to registration officers,
589596.
MEMORANDUM AS TO NAVAL AND MILITARY VOTERS,
issued by Local Government Board, 605 609.
MERCHANT SEAMAN,
when, may vote by proxy, 174175, 201 202.
MESSENGER,
in employment of candidate, previous disqualification of,
removed, 115, 122.
METROPOLIS,
value of premise* in, to be " gross value," 28 31, 307 308.
METROPOLITAN BOROUGH,
included in "municipal borough " in Part V. of Act, 145
146.
application of Part II. of Act to, 145146.
registration expenses in, how paid, 146.
METROPOLITAN BOROUGH COUNCIL,
registration expenses of, how paid, 146.
MILITARY VOTER. See NAVAL OR MILITARY VOTER.
MISNOMER, provisions us to, or inaccurate description, 353.
INDEX. 783
MUNICIPAL BOROUGH,
local government elector may not be registered in more
than one ward or electoral division of, 111 112.
reference to, in Part II. of Act to include metropolitan
borough, 145146.
MUNICIPAL ELECTIONS (CORRUPT AND ILLEGAL
PRACTICES) ACT, 1884, made permanent, 278.
NAMES, order of, in register, 340.
NATIONAL IMPORTANCE,
work of, what is, 84 85.
work recognized as of, list of bodies with addresses, 608
609.
list of bodies recognized by Admiralty, Army Council and
Air Council as work of, 635.
NATIONAL REGISTER,
registration officer to have access to, 352.
NATIONALITY,
declaration as to, registration officer may require, before
registering any person, 352.
registration officer to allow inspection of, and copy of,
to be made, 353.
NATURALISATION,
certificate of, registration officer may require, before register-
ing any person, 352.
NAVAL OR MILITARY CHARACTER,
service of, what is, 84.
women may be. in, 84.
NAVAL OR MILITARY VOTER,
franchise of, 7694.
legal incapacities applicable to, 82.
what is, 7685.
age required for female, 80.
age required for male, 80 82.
784 INDEX.
NAVAL OR MILITARY VOTER continued.
male, qualified at 19 years of age, 80 82.
but not discharged soldier or sailor, 81 82.
qualifications, 85 94.
male, residence qualification, 86 90.
actual, 9193.
business premises qualification, 86 91.
university qualification, 86, 90, 93.
female, qualifications of, 93 94.
qualifying period applicable to, 87 88, 91, 92.
registration of, 88 90.
statement by, as to qualification, 88' 89.
when received by registration officer too late for in-
clusion in electors lists, to be treated as claim to be
registered, 749.
when statement by merchant seaman, &c. contains state-
ment of actual residence, registration officer neverthe-
less to place name on absent voters list, 749.
claim to be registered for actual residence qualification,
9193.
registered by virtue of residence qualification which he would
have had but for service, deemed to be resident for pur-
pose of women's local government franchise in husband's
right, 76.
registered in respect of qualification he would have had but
for service, deemed to be registered by virtue of that
qualification, 112.
when, may vote by proxy, 174175, 201202.
duty of registration officer to place, on absent voters list,
345346.
when not to be placed on absent voters list, 345 346.
notice by, that he does not desire to be placed on absent
voters list, 345.
time for, 345.
registered in respect of actual residence qualification, not
to be placed on absent voters list, 346.
information as to, to be supplied by Admiralty, Army Coun-
cil and Air Council to registration officers, 346.
registration officer to keep record of addresses of,
conditions under which record of addresses open to
inspection, 346.
memorandum as to, issued by Local Government Board, 605
INDEX. 785
NINETEEN YEAES, AGE OF,
male naval or military voter qualified at, 80 82.
meaning of, 81.
discharged soldier or sailor not qualified at nineteen.
8182.
NOMINATED, duly, meaning of, 265269.
NOMINATION,
meaning of "duly nominated," 265 269.
what is, 265269.
place of, 217.
day appointed for, meaning of, 179 180.
day fixed for receiving nominations to be same in all con-
stituencies, 161 163.
NOTICE,
registration officer to give, to person affected by correction
in lists otherwise than in pursuance of claim or objection,
348349.
NOTICE OF OBJECTION. See also OBJECTION.
registration officer to supply forms of, without fee, 351.
registration officer to supply copy of, on payment of fee,
351.
amount of fee, 748, 751.
mode of sending, 351.
NOTICE TO QUIT,
effect of, on residence in connection with residence quali-
fication, 16, 23.
effect of, on occupation in connection with business premises
qualification, 27, 28.
on occupation in connection with local government fran-
chise, 45, 46.
NUMBEE OF VOTES ALLOWED, 108112.
OATH,
power of registration officer to require evidence on, at hearing
of claim or objection, 353.
F. 50
786 INDEX.
OBJECTION,
who may object, 344.
how made, 344.
notice of, 344.
time for sending, 344.
copy of, to be sent by registration officer to person ob-
jected to, 344.
to name in electors list, 344.
in list of claimants, 344.
list of persons to whose names notice of, has been given,
publication of, by registration officer, 344 345.
time for, 344345.
time during which to be kept published, 748, 750.
publication of objections to lists, 344.
to claims, 344345.
time during which to be kept published, 748, 750.
to correction of lists by registration officer not in pursuance
of claim or objection, 348 349.
who may appear on consideration of, 353.
notice as to mode of making, duty of registration officer to
publish, 341.
powers and duty of registration officer with respect to cor-
rection of lists in consequence of his decision on, 347 348.
registration officer to supply forms of notice of, without fee,
351.
registration officer to supply copy of notice of, on payment
of fee, 351.
amount of fee, 748, 751.
mode of sending, 351.
consideration of, by registration officer, 347.
time for, 347.
notice to parties as to, 347.
powers of registration officer on, 347.
appeal from decision of registration officer as to, 134 137.
OBJECTOK,
no appeal by, who has not availed himself of opportunity
of being heard before registration officer, 135, 137.
OBJEOTOE, CONSCIENTIOUS,
subject to legal incapacity, 7, 117 121.
OCCUPIED FOB THE PUEPOSE OE BUSINESS, PEO-
PESSION OE TEADE, meaning of, 3437.
INDEX. 787
OCCUPATION,
meaning of, for business premises qualification, 25 28.
constructive, 2627, 4445.
when deemed not to be interrupted by letting for business
premises qualification, 27 28.
as owner or tenant, meaning of, in' local government fran-
chise, 43 46.
when deemed not to be interrupted by letting in local govern-
ment franchise, 45 46.
by lodger, meaning of, 59 60.
OCCUPATION, JOINT. See JOINT OCCUPATION.
OCCUPATION, SUCCESSIVE. See SUCCESSIVE OCCUPATION.
OCCUPYING,
in local government franchise, used in different meanings,
4344.
comparison between meaning of, in sects. 1 and 3... 44.
OFFENCES COMMITTED OUTSIDE UNITED KINGDOM,
punishment of, 283 303.
period of time within which proceedings must be com-
menced, 284, 302 303.
OFFENCES IN RESPECT OF NOMINATION PAPERS,
BALLOT PAPERS, ETC., 285286.
OFFENCES UNDER BALLOT ACT, 285287.
OFFICIAL TELEGRAPHIC INFORMATION,
of writ having been issued for election to be equivalent to
receipt of writ, 161162, 163.
OFFICERS, REGISTRATION, 130131.
in Scotland, 131.
in Ireland, 132.
duties of, 133134.
penalty for failure to perform, 133 134.
See also REGISTBATION OFFICER.
ORDER IN COUNCIL,
prescribing forms for registration purposes, 133 134, 555
578.
prescribing dates in connection with first register, 128
129, 749, 752.
prescribing forms for Scotland and Ireland, 626 627.
50 (2)
788 INDEX.
ORDER IN COUNCIL continued.
complying with provisions of Eules Publication Act, 1893...
626627.
prescribing fees, period during which documents mus't be
kept published, registration dates, rules in connection with
statements by naval or military voters, etc., 747 753.
permitting voting by proxy by naval or military voters in
certain areas abroad, 753.
prescribing forms and making regulations as to the mode in
which proxy papers may be issued and cancelled, 754 757.
All Orders in Council under Act to be laid before Parlia-
ment, 304.
power of either House of Parliament to annul, 304.
any, may be revoked or varied by subsequent, 304.
to have effect as if enacted in Act, 304.
OVEKSEEE,
registration officer may require, to prepare and publish
electors lists, 341 342.
duty of, as to preparation of lists, etc., 341 342.
to furnish information to registration officer, 341 342.
expenses of, in connection with preparation of lists, etc.,
to be paid by registration officer, 342.
meaning of, 342.
instructions by registration officer to overseers, issued by
Local Government Board, 397 609.
OWNEE,
meaning of, in relation to local government franchise, 46.
meaning of owner of property held by freehold, copyhold
or any other tenure in sect. 10... 124.
OXEOED AND CAMBEIDGE,
women not admitted to degrees at, but qualified to vote
for, 73.
PAELIAMENT,
all Orders in Council under Act to be laid before, 304.
power of either House of, to annul Orders in Council, 304.
PAELIAMENT, MEETING OP, time appointed for, 162.
PAELIAMENT, MONEYS PEOVIDED BY,
contribution out of, to council on account of registration
expenses, 141.
INDEX. 789
PARLIAMENTARY ELECTIONS AND CORRUPT PRAC-
TICES ACT, 1880, made permanent, 278.
PARLIAMENTARY ELECTIONS RETURNING OFFICERS
EXPENSES (SCOTLAND) ACT, 1878, made permanent, 278.
PARLIAMENTARY ELECTIONS (RETURNING OFFICERS)
ACT, 1875, made permanent, 278.
PECUNIARY LOSS, DIRECT, meaning of, 149152.
PEER,
legally incapacitated for parliamentary franchise, 5.
but not for local government franchise, 42.
PEERESS,
in own right, not disqualified, 115, 122123.
by marriage, not disqualified, 122 123.
PEMBROKE AND BLACKROOK,
townships of, contributions by, in respect of registration
expenses, 145.
PERSONATION, 287289.
punishment for, 287289.
PERSONS EMPLOYED BY CANDIDATE,
previous disqualification of, removed, 115, 122.
PERSONS HOLDING CERTAIN OFFICES LEGALLY IN-
CAPACITATED, 5.
PETITION, ELECTION,
when vote may be disallowed on, 103 107.
PILOT, when, may vote by proxy, 174175, 201202.
PLACE OF ELECTION,
what is, 223, 682683.
in Scotland, -223.
in Ireland, 223.
POINT OF LAW,
appeal to Court of Appeal only on. 137-138.
790 INDEX.
POLL,
day of the, meaning of, 179 180.
all polls to be held on one day at general election, 161.
day of, at general election, 162163, 179180.
day of, at bye-election, 162163, 179180.
questions at. See QUESTIONS AT POLL.
POLLING AGENT,
previous disqualification of, removed, 115, 122.
POLLING DISTEIOT,
person residing outside, in which he is registered may make
claim to vote at another polling place, 348.
form of claim, 748, 752.
POLLING DISTRICTS,
division of constituency into, 220 222.
in Scotland, 222.
in Ireland, 222.
re-arrangement of, 303 304.
POLLING PLAGE,
person residing outside polling district in which he is en-
titled to be registered may claim to vote at another,
348.
form of claim, 748, 752.
POLLING PLACES,
re-arrangement of, 303 304.
appointment of, 220 222.
in Scotland, 222.
in Ireland, 222.
POLLING STATION,
voting by person in employment of returning officer at, other
than allotted, 203204.
POOR RELIEF,
no disqualification by reason of receipt of, 116 117.
POOR HOUSE,
inmate in, not to be treated as resident therein, 15, 306.
POSTAGE, FREE, right to, by candidate, 264269.
POSTMASTER-GENERAL,
regulations by, as to free postage by candidate, 264 265.
INDEX. 791
PEESOEIBED, meaning of, 308.
PEEMISES. See QUALIFYING PREMISES; BUSINESS PREMISES.
meaning of, in relation to residence qualification, 23.
PEISON,
inmate in, not to be treated as resident therein, 15, 306.
PBOOEDUEE ON APPEALS,
determined by rules of court, 135 137.
PBOMOTING OE PBOCUEING ELECTION OF CANDIDATE,
what is, 271274.
PEOPOETIONAL EEPBESENTATION, 155161.
applicable only to university elections, 155, 160 161.
what is, 158160.
scheme for, in constituencies other than university consti-
tuencies, 155157, 160161.
rejected, 160161.
draft Eules as to, 718736.
PEOXY, VOTING BY, 174176, 200203.
area abroad in which permitted, 174.
who may vote by proxy, 174 175, 201 202.
rules as to (4th Schedule), 359362.
illegal practice in connection with, 361.
PUBLIC BODIES COEEUPT PEAOTICES ACT, 1889,
persons twice convicted under, legally incapacitated, 7.
PUBLIC MEETINGS, ETC.,
expenses on account of holding, or issuing advertisements,
circulars, etcf., not to be incurred by unauthorized
persons, 269 277.
written authorization of election agent necessary, 276.
must be returned as part of candidate's election expenses,
276.
corrupt practice of incurring such expenses, 274 276,
293294.
PUBLICATION,
of documents, meaning of, in Eegistration Eules, 350 351.
keeping document published, 351.
period during which documents must be kept published,
748750.
effect of non-compliance with rules as to, of documents, 351 .
penalty, 351.
792 INDEX.
PUBLICATIONS, ADVEETISEMENTS, CIECULAES OB,
meaning of "publications," 271.
QUALIFICATION FOE MEMBEESHIP OF LOCAL AUTHO-
- EITY, 123124.
enlarged by present Act, 123.
meaning of owner in relation to, 124.
QUALIFICATION, EESIDENCE. See EESIDENCE QUALIFICA-
TION.
for parliamentary franchise, what is, 8 24.
QUALIFICATIONS. See FRANCHISE.
difference between, of women and men for parliamentary
franchise, 69.
QUALIFYING PEEIOD, 9498.
ordinary, 95 96.
special, 96 98.
applicable to naval or military voter, 87 88, 91, 92, 96 98.
effect of provisions as to special, on sect. 7 (2)... 97 98.
in Ireland, 98. ,
last day of, what is, 9.
for residence qualification and business premises qualifi-
cation, what is, 9, 24.
for local government franchise, what is, 61.
for naval or military voter in local government franchise,
9798.
QUALIFYING PEEMISES,
nature of, for residence qualification, 23.
nature of, for business premises qualification, 28 33.
nature of, for local government franchise (men) "service
voter," 4954.
lodger, 57 58.
owner or tenant, 60.
for women's parliamentary franchise, 68 71.
"in that constituency," meaning of, 7172.
QUESTIONS AT POLL, 165, 167172.
questions prescribed by present Act, 167168, 358.
penalty for false answer, 169.
meaning of, 171.
when to be put to voter, 171 172.
INDEX. 793
QUESTIONS 'AT POLL continued.
questions " authorized already to be asked," 168 169.
penalty for false answer, 168 169.
oath in connection with, 168 169.
meaning of, 169 171.
when to be put to voter, 171 172.
not to be asked at university election, 172.
declarations in university voting paper equivalent to, 172.
BATE, BOBOUGH,
registration expenses to be paid out of, 139 140.
where no, or borough fund, how paid, 139 140.
contribution by Parliament to, 141.
BECKONING OP TIME,
for purposes of Begistration Bules, 353 354.
BED CBOSS SOCIETY,
person abroad or afloat serving in work of, a naval or
military voter, 77 78, 8385.
BEDISTBIBUTION, 282283.
schedule as to, 403554.
Parliamentary Boroughs
London, 404419.
England, excluding London and Monmouthshire,
465467.
Scotland, 468481.
Parliamentary Counties
England, excluding Monmouthshire, 482 536.
Wales and Monmouthshire, 536 543.
Scotland, 543554.
Universities, 554.
in Ireland, not affected by present Act, 283.
BEGISTEB,
spring, 125130.
period during which, in force, 127 128.
autumn, 125130.
period during which, in force, 127 128.
dates in connection with first, 128 129.
date of first, 128129.
794 INDEX.
EEGISTER continued.
duration of first, 613.
how far conclusive, 103 108.
placing or refusal to place mark against name on, appeal
from registration officer as to, 135, 136, 137.
copies of, to be kept by registration officer in his office for
inspection, 349.
copies of part of, relating to registration unit, to be kept
for inspection in unit, 349.
registration officer to send copy of, to Local Government
Board as soon as possible after publication, 349.
copy of, to be furnished to applicant by registration officer,
350.
marks against names in, 340, 577.
order of names in, 340.
effect of, 340341.
formation of lists into, 349.
publication of, 349.
time for, 349.
manner of, 349.
time during which first register to be kept published,
748, 750.
to be framed in separate parts for each registration unit, 339.
separate divisions for parliamentary and local government
electors, 339.
form of, 577578.
specimen form of, alphabetical order, 603.
street order, 604.
prepared during present war and 12 months thereafter,
special provisions as to, 337.
for university constituencies, 153 155.
fee for registration, 154, 155.
in Ireland, 129130, 334335.
See also CLAIM; OBJECTION.
EEGISTEE, FIEST. See EEOISTEE.
coming into force and duration of, 336, 613, 749, 752.
alteration of registration dates in connection with, 336,
749, 752.
EEGISTEE, NATIONAL,
registration officer to have access to, 352.
INDEX. 795
REGISTRATION. See also other headings under REGISTRATION
below (REGISTRATION AREA; REGISTRATION DATES, etc.).
effect of, on right to vote, 103 108.
in more than one constituency, 108.
of naval or military voter, 88 90.
of naval or military voter, assistance to registration officer
in, 181.
naval or military voter registered in respect of qualification
he would have had but for service to be deemed to be
registered by virtue of that qualification, 112.
of local government elector in more than one ward or
electoral division allowed except in municipal borough,
111112.
of local government elector in more than one ward or
electoral division of municipal borough not allowed, 111
112.
of freemen, 147 148.
REGISTRATION APPEALS RULES, 1918,
being Rules of Supreme Court as to appeals to the Court of
Appeal from the County Court, 669671.
REGISTRATION AREA,
what is, 128, 130131.
in Scotland, 131.
in Ireland, 132.
REGISTRATION DATES,
table of, 129, 752.
alteration of, in connection with first register, 336, 749, 752.
last date in connection with first register for notice by naval
or military voter that he does not desire to be placed on
absent voters list (Pirst Schedule, r. 17), 749, 752.
REGISTRATION DUTIES, 1,33134.
penalty for failure to perform, 133 134.
REGISTRATION EXPENSES, 1.39145.
incurred by registration officer, 139 142.
how paid, 139142.
contribution by council of other area, 139.
Treasury scale of, 140 142, 610 612.
questions as to, to be referred to Local Government Board,
140141.
796 INDEX.
EEGISTKATION EXPENSES continued.
how paid, where urban district is coterminous with or wholly
contained in registration area which is a parliamentary
borough, 145, 146.
of Metropolitan Borough Council, how paid, 146.
of Common Council, how paid, 146.
advance to registration officer on account of, 141.
in Scotland, 142143.
in Ireland, 143145.
EEGISTEATION OPEICEE, 130131.
in Scotland, 1.31.
in Ireland, 1.32.
duties of, 133134.
penalty for failure to perform, 133 134.
who is, where registration area is a parliamentary county
coterminous with, or wholly contained in, one adminis-
trative county, 130.
who is, where urban district is coterminous with or wholly
contained in a registration area wliich is a parliamentary
borough, 145, 146.
who is, in any other case, 130.
Table showing, 616, 617.
Table of Parliamentary Counties containing more than
one administrative county, indicating R. 0. for such Par-
liamentary Counties, 632.
Table of Parliamentary Boroughs containing more than one
municipal borough or urban district, indicating E. 0. for
such Parliamentary Boroughs, 633 634.
expenses of, 139 142.
how paid, 139 142.
advance io, on account of registration expenses, 141.
to account for fees, 141, 142.
may require overseers to prepare lists, 341 342.
to furnish information, 341 342.
EEGISTEATION OEFIOEES OBDEB, 1918... 615 617.
EEGISTBATION BULES, 133, 134, 339357.
application of, to Scotland, 354.
application of, to Ireland, 354 357.
EEGISTEATION UNIT, what is, 339.
INDEX. 797
REGULATIONS,
as to university elections, 281.
by Postmaster-General as to free' postage by candidate, 264
265.
REPEALS, 337, 391402.
RESIDE, PREMISES IN WHICH THEY BOTH,
for women's local government franchise in husband's right,
meaning of, 75 76.
RESIDENCE. See also RESIDENCE QUALIFICATION; RESIDENCE,
SUCCESSIVE.
what is, 1116.
when deemed not to be interrupted by letting, 16 23.
when broken, 14 15.
legal inability to reside, effect of, on, 14 15.
voluntary incapacity to reside, effect of, on, 15.
inmate or patient in prison, asylum, workhouse, etc., not
to be treated as resident therein, 15, 306.
where object of, is to obtain vote, effect, 15 16.
necessity for, by husband and wife in women's local govern-
ment franchise in husband's right, 75.
where husband naval or military voter, 76.
of naval or military voter husband of female local govern-
ment elector, 76.
RESIDENCE QUALIFICATION,
for parliamentary franchise, what is, 8 24.
naval or military voter (male), 86 90.
actual, 9193.
RESIDENCE, SUCCESSIVE,
what is, 2324.
necessity for residence during 30 consecutive days includ-
ing last day of qualifying period in the case of, 9 10.
RESIDING IN PREMISES. See also RESIDENCE.
meaning of, 1016, 23.
RETURNING OFFICER,
who is, 211214.
expenses of, 214217.
Treasury scale of maximum, 216, 217.
Treasury regulations as to, 216, 217.
798 INDEX.
RETURNING OFFICER continued.
discharge of duties of, by acting, 217 220.
may reserve to himself and undertake to perform all or any
duties of, 218, 219.
where all duties of, discharged by acting returning officer,
not disqualified for being candidate, 218, 219.
giving casting vote by, not an illegal practice, 165, 167.
to send ballot paper to absent voter, 173, 180181.
to treat absent voter's ballot paper like ordinary ballot paper,
173, 182200.
not to send ballot paper to absent voter who has appointed
a proxy, 175 176, 202.
not to send ballot paper to naval or military voter who is
serving in area where voting by proxy is permitted, 175
176, 202.
persons in the employment of, voting by, 203 204.
at polling station other than allotted polling station,
203204.
duty of, as to counting ballot papers, 182 200.
may authorize employe to vote at polling station other than
allotted polling station, 203204.
in Scotland, 21j2.
in Ireland, .212214.
who is to be, for Scottish constituency situated in more
than one sheriffdom, 391.
BIGHT OF PERSON REGISTERED TO VOTE, 100112.
RULES OP COURT, 134137, 636671.
RULES, REGISTRATION, 133134, 339357.
SOALE OE REGISTRATION EXPENSES,
framed by Treasury, 140142, 610612.
SOILLY, ISLES OF, application of Act to, 335.
SCHEME FOR PROPORTIONAL REPRESENTATION, 155
157, 160161.
rejected, 160161.
SCHOOL, ELEMENTARY. See ELEMENTARY SCHOOL.
INDEX. 799
SCOTLAND,
application of Act to, 309326.
meaning of "yearly value" in, 33, 310.
local government franchise in, 63, 310 313.
registration officers and areas in, 131, 317 319.
appeals in, 138.
registration expenses in, 142 143.
application of Eegistration Eules to, 354.
registration forms for, Order in Council prescribing, 626
627.
SCOTTISH UNIVERSITIES,
franchise for, 39 40.
SCRUTINY, when vote may be disallowed on, 103107.
SEAMAN, MERCHANT,
when, may vote by proxy, 174 175, 201 202.
SECRECY, infringement of, 286287.
SERVICE FRANCHISE,
for local government elections, 48 56.
SERVICE OP NAVAL OR MILITARY CHARACTER,
what is, 84.
women may be in, 84.
SON,
living in father's house may have residence qualification, 15.
SPEAKER'S CONFERENCE, Report of, 737746.
SPECIAL COUNTY PURPOSES,
registration expenses may be paid as expenses for, 139
140.
SPRING REGISTER, 125130.
period during which, in force, 127 128.
STATEMENT,
by naval or military voter as to qualification, 88 89.
STRUCTURAL SEVERANCE,
necessary condition of "house," 20.
SUB-AGENT,
previous disqualification of, removed, 115, 122.
800 INDEX.
SUCCESSIVE OCCUPATION, 23.
in business premises qualification, 25.
necessity for occupation during^ 30 consecutive days includ-
ing last day of qualifying period in local government
franchise, 43.
fulfilled by occupation partly as owner, partly as tenant,
6061.
in local government franchise, 61 63.
SUCCESSIVE EESIDENOE,
what is, 23f 24.
necessity for residence during 30 consecutive days includ-
ing last day of qualifying period in cases of, 9 10.
SUPPLEMENTAL PEOVISIONS AS TO EESIDENOE AND
OCCUPATION, 98100.
SWALLOW VOTEES, provisions against, 910.
TENANT,
meaning of, in connection with local government franchise.
46> 48. .
difference between lodger and, 58 59.
TEEMINATIO^ OF WAE, meaning of, 118119.
THIETY CONSECUTIVE DAYS,
residence during, including last day of qualifying period,
when necessary, 9 10.
meaning of provisions as to, 10.
occupation during, when necessary for local government
franchise, 43.
conditions as to occupation during, in local government
franchise, fulfilled by occupation partly as owner, partly
as tenant, 6061.
occupation during, not necessary for business premises quali-
fication, 25.
THIETY YEAES, AGE OF,
meaning of, 67.
women must attain, for parliamentary franchise, 63, 67.
women must attain, for university franchise, 73.
women must attain, fo,r local government franchise in hus-
band's right, 75.
INDEX. 801
TIME,
reckoning of, for purposes of Registration Rules, 353.
for purposes of County Court Eules, 647.
TIME ALLOWED FOE EEOEIPT AND EETUEN OF
BALLOT PAPEE BY ABSENT VOTEE, 182.
TRADE, meaning of, 35, 36.
TEAITOE subject to legal incapacity, 56.
TRANSFEEABLE VOTE, what is, 158160, 306307.
TREATING, 291292.
punishment for, 293294.
TREASURY SCALE OF REGISTRATION EXPENSES, 140
142, 610612.
TRIBUNAL,
what is "appropriate," which conscientious objector has to
satisfy that he has done work of national importance, 120.
UNAUTHORIZED PERSONS,
incurring expenses on account of public meetings, adver-
tisements, etc., by, a corrupt practice, 292 293.
punishment for, 293 294.
UNDUE INFLUENCE, 292.
punishment for, 293294.
UNIT, REGISTRATION, what is, 339.
UNIVERSITY CONSTITUENCY,
what is, 38, 306.
register for, 153 155.
fee for registration, 154, 155.
included in expression " borough " in Corrupt Practices Act,
1883, First Schedule, Part IV. (Maximum Scale of Elec-
tion Expenses), 228, 281.
list of university constituencies, showing number of members
returned by each, 554.
UNIVERSITY ELECTION,
definition of, 306.
proportional representation at, 155, 157 160.
conduct of, 279281.
F. '51
802 INDEX.
UNIVERSITY ELECTION continued.
election expenses at, 281.
applicability of maximum scale to, 281.
included in expression " borough election " in Part IV. of
First Schedule of Corrupt Practices Act, 1883, as to
maximum scale of election expenses, 228, 281.
application of provisions as to voting in more constituen-
cies than allowed (sect. 22) to, 172.
declarations at, provided by present Act, 358.
provisions as to (5th Schedule, Part I.), 364372.
Scotland (5th Schedule, Part II.), 373380.
UNIVEESITY FEANCHISE,
men, 3740.
for Scottish universities, 39.
women, 73.
naval or military voter, 85, 86, 90, 93, 94.
UEBAN DISTEIOT,
application of Part II. of Act where, is coterminous with
or wholly contained in registration area which is parlia-
mentary borough, 145, 146 147.
VALUE, YEAELY. See YEARLY VALUE.
VOTE, TEANSFEEABLE, what is, 158160, 306307.
VOTE, when may be disallowed on scrutiny, 103 107.
VOTES,
number of, allowed, 108112.
at parliamentary general election, 108 110, 112.
bye-election, 110, 112.
at local government election, 110 111.
local government election to fill casual vacancy, 111
112.
VOTING,
for more constituencies than allowed, 164 172.
penalty for, 164, 166.
illegal practice of, 164 165, 166.
at university election, 172.
by returning officer, not an illegal practice, 165, 167.
INDEX. 80S
VOTING continued.
by absent voters, 172203.
special provisions as to allowing more time for receipt of
ballot papers from, during war, 173 174, 200.
by proxy, 174176, 200202. See also PBOXY, VOTING BY.
by freemen, 147 148.
by persons in the employment of returning officers, 203 204.
at polling station other than allotted polling station,
203204.
VOTING ABBA, what is, 339.
VOTING PAPEK,
voting at university elections to be by, 366 367, 375 376.
form of, at university election, 372.
Scotland, 383386.
WAE,
in which His Majesty is engaged, meaning of, 84.
register prepared during present, and 12 months thereafter,
special provisions as to, 337.
election held during present, and 12 months thereafter,
special provisions as to, 337.
WAE, TERMINATION OF, meaning of, 118119.
WARD OR ELECTORAL DIVISION,
local government elector not entitled to vote for more than
One, except to fill casual vacancy, 110 112.
local government elector may be registered in more than one,
except in municipal borough, I'll.
WIFE OF CONSCIENTIOUS OBJECTOR,
not disqualified, 121.
WITHDRAWAL OF CANDIDATE,
in pursuance of provisions of Ballot Act, 208.
WOMEN. See FRANCHISE.
WORK OF NATIONAL IMPORTANCE,
what is, 8485.
effect on qualification of conscientious objector of doing, 113,
120.
804 INDEX.
WOBKEOUSE,
inmate in, not to be treated as resident therein, 15, 306.
WBIT FOB ELECTION,
official telegraphic information of, having been issued, to be
equivalent to receipt of writ, 161 162, 163.
receipt of, what steps for holding election may be taken
on or after, 163.
YEABLY VALUE,
what is, 2833, 307308.
in Scotland, 33, 310.
in Ireland, 33, 335.
how ascertained, 31 33.
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