CTION 
 
 ^;-$M:i^>sjj$j;$M$^$?^: 
 
 Guardiansand District CoiiNciLS 
 
 iMENT ACT 1894 
 
 IE> PARKHk
 
 r •• •fc.'T t s. 
 
 Now Read; 
 
 Price 6 
 
 ELECTK 
 
 FRAl 
 
 So 
 
 T/ie Powers, 
 
 and of a Re 
 
 in England 
 
 of Connti 
 
 of Com 
 
 iW 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 
 pag'es. 
 
 \ra.) 
 
 R, 
 
 .let, imfjj.," dfc., dfc., eye. 
 
 on Agent, 
 
 Election 
 
 'ection 
 
 ities 
 
 ent 
 
 CONTENTS: 
 
 PART I.— THE PARISH MEETING FOR 
 THE ELECTION OF COUN- 
 CILLORS. 
 
 Chat, i — The Parish Meeting. 
 ,, 2— The Parochial Eiectoks. 
 
 PART II.-THE PARISH COUNCIL. 
 Chap. 3— Estabmsh.me.nt and Constitution. 
 ,, 4— The Parish Councillor's Qualifi- 
 cation. 
 ,, 5 — Acceptance and Resignation of 
 Office and Loss of Qualification 
 OR Office. 
 „ 6— Casual Vacancies and Bye- 
 Elections. 
 
 PART In.— CONTESTED ELECTI0NS.> 
 
 Chai'. 7 — Prei'arations for the Poll, 
 „ 8— The Poll. 
 
 ,, 9— Counting the Votes and Declara- 
 tion of Result. 
 ,, 10— Time Tahle for the First Election. 
 
 PART IV.— OFFENCES .\T ELECTIONS. 
 
 Chat. ii—Corrui'T Practices. 
 „ 12— Illegal Practices, Payment, Em- 
 ployment, AND Hiring. 
 
 Index. 
 
 Iknioht an^ Co,, Xocal (Bovcntnicnt ipubliebcrti, 
 
 90 FLEET STREET, LONDON, E.G.
 
 Iknigbt S. Company's foam, 
 
 S.C., &c., 
 
 FOR CONDUCTING 
 
 URBAN DISTRICT COUNCIL ELECTIONS, 
 
 IN CONFORMITY WITH THE 
 
 RULES OF THE LOCAL GOVERNMENT BOARD 
 
 AND 
 
 THE BALLOT ACT. 
 
 With additional USEFUL FORMS, settled or revised by Mr. FRANK ROWLEY PARKER. 
 
 Notice of Election, District (Form i) 
 
 „ „ Ward 
 
 Nomination Papers, District . . 
 Ward 
 ; Notice to Candidate of Valid Nomination 
 11 !> Invalid ,, 
 
 Statement as to Persons Nominated (Form 2), District, front sheets 
 
 Ward 
 ,, ,, Followers, District or Ward 
 
 Notice that no Poll will be taken (Form 3), District 
 
 Ward 
 
 Notice of Poll, Urban District Councillors only (Form 4), District 
 >, „. . „ „ . Ward 
 
 ,, Urban District Councillors and Guardians (Form 5), District 
 
 ,, ,, ,, ,, Ward 
 
 Declaration of Result of Poll, r>istrict (Form 6) .. .. .. •.. .. 
 
 Ward „ 
 
 Notice of Result of Poll (Form 7) 
 
 ,, ,, (Followers) .. 
 
 ,, Withdrawal by Candidate (Rule 9) 
 Notice to Candidate of his Election and of first Meeting of the Council 
 Declaration by Urban District Councillor on Acceptance of Office . . Books 
 
 Appointment of Deputy Returning Officer (General Form) 
 ,, ,, ,, (Specific) 
 
 ,, Presiding Ofiicer, with Note of Acceptance at foot, and Declaration 
 
 of Secrecy . . 
 ,, Poll Clerk, with Note of Acceptance at foot, and Declaration of 
 
 Secrecy 
 ,, Counting Assistant, with Note of Acceptance at foot, and Declaration 
 
 of Secrecy . . 
 ,, Candidate's Polling Agent (Rule 18) 
 
 ,, ,, Counting Agent (Ballot Act, Schedule i), (Rule 31) .. 
 
 Notice of Time and Place for Counting Votes 
 
 ,, to Presiding Officer or Poll Clerk of his appointment, and requesting 
 attendance to receive instructions and make Declaration of Secrecy . . 
 Notice to Counting Assistant of his appointment, and requesting attendance to 
 
 receive instructions and make Declaration of Secrecy .. 
 Declaration of Secrecy . . 
 Directions for Guidance of Voters 
 
 Ballot Papers I 
 
 ,, ,, tendered . . . . ) 
 
 Declaration of Inability to Read 
 Questions to Voters, with Form of 
 
 Oath and Affirmation . . 
 List of Tendered Votes 
 ,, Marked Votes 
 
 Ballot Paper Account .... 
 
 Agreement between Returning Officer and Contractor to furnish fittings for Polling 
 Stations 
 
 Gummed Labels, "IN" and "OUT" 
 
 ■=^::^ "THIS WAY TO THE POLL" ^^ available (by cutting off one 
 
 ^-^ hand) for either left or right . . =*~~^ 
 
 Label for Ballot Bo.-ves, "VOTES FOR URBAN DISTRICT COUNCILLORS" 
 
 Labelfor Ballot Boxes, "VOTES FOR GUARDIANS" 
 
 Large Placard setting out the Provisions of the Statutes in regard to Corrupt and 
 
 Illegal Practices 
 Instructions to Presiding Officers . . . . ■ ■ ■ ■ • • ' ,. ' " 
 
 Knight's Improved Automatic Counting Sheets (each sheet suitable for from one to 
 twelve Candidates) per doz. 3s., 
 
 ,, 
 
 T 
 
 ,, 
 
 3 
 
 ,, 
 
 3 
 
 ,, 
 
 
 )> 
 
 
 ,, 
 
 
 >, 
 
 
 >I 
 
 
 ■ , 
 
 
 ., 
 
 
 
 
 ., 
 
 
 ., 
 
 
 ,, 
 
 
 ,, 
 
 
 ,, 
 
 
 ,, 
 
 
 " 
 
 3 
 
 each 
 
 7 
 
 per 50 
 
 3 
 
 
 
 " 
 
 
 » 
 
 3 
 
 .. 
 
 3 
 
 
 , 
 
 
 
 ,, 
 
 3 
 
 ,, 
 
 3 
 
 M 
 
 3 
 
 To Order. 
 
 These Forms are contained in I 
 Knif^ht <S^ Co.'s Boxes of 
 Sundries. \ 
 
 per doz. 
 per 50 
 
 per doz. 
 per 50 
 
 per doz. 
 
 per 50 
 each
 
 PRESENTATION COPY, 
 
 
 THE ELECTION 
 
 OF 
 
 GUARDIANS AND DISTRICT COUNCILLORS.
 
 BY THE SAME AUTHOR. 
 
 THE ELECTION of PARISH COUNCILS under 
 
 the Local Government Act, 1894. 
 
 THE DUTIES OF COUNTY COUNCILS under 
 
 the Local Government Act, 1894. 
 THE ELECTION OF COUNTY COUNCILS under 
 
 the Local Government Act, 1888. Second Edition. 
 A MANUAL FOR RETURNING OFFICERS and 
 
 DEPUTY RETURNING OFFICERS at the First Election of 
 
 County Councillors in January, 1889. 
 
 THE POWERS, DUTIES, AND LIABILITIES of 
 an ELECTION AGENT and of a RETURNING OFFICER 
 at a Parliamentary Election in England or Wales. Second 
 Edition. 
 
 A MANUAL FOR THE PRESIDING OFFICER 
 
 and POLL CLERK at all Elections held under the Ballot Act, 
 
 1872. 
 A MANUAL FOR THE POLLING AGENT at all 
 
 Elections held under the Ballot Act, 1872. 
 A MANUAL FOR THE COUNTING ASSISTANT 
 
 and COUNTING AGENT at all Elections held under the 
 
 Ballot Act, 1872. 
 
 AN ANALYTICAL INDEX AND DIGEST of the 
 
 Supreme Court of Judicature Acts and Rules. Second Ed, Hon, 
 Revised and Enlarged. [Out of pr„u . 
 
 AN ANALYSIS AND INDEX TO THE BANK- 
 RUPTCY ACT, 1869. \.0"t of print.
 
 THE ^ C^^ Q,^^ 
 
 ELECTION OF GUARDIANS^ 
 
 AND 
 
 DISTRICT COUNCILLORS 
 
 UNDER THE 
 
 LOCAL GOVERNMENT ACT, 1894, 
 
 WITH THE RULES MADE THEREUNDER AND ALL 
 
 THE STATUTES REQUIRED DURING 
 
 THE ELECTION. 
 
 F. ROWLEY PARKER, 
 
 SOLICITOR AND PARLIAMENTARY AGENT ; 
 
 Aiithiyr of " The Pozuers, Duties, and Liahiliiics of ajt Election Age7tt, and of a Returning, 
 
 Officer at a Parliaijientary Election in England and Wales" {■27id Edition); 
 
 " TIu Election of County Councils" ^2nd Edition) ; 
 
 &'C , &C., ^r^C. 
 
 LONDON: 
 KNIGHT AND CO., 90, FLEET STREET, E.G. 
 
 1894.
 
 IKINTED BY WILLIAM CLOWES AND SONS, LIMITED, STAMFORD STREET 
 AND CHARING CROSS. 
 
 r 
 
 1994
 
 ^lY FATHER, 
 
 MY FIRST •I'lTOR IN THE LAW; 
 
 THIS BOOK 
 
 IS 
 
 AFFECTIONATELY INSCRIBED. 
 
 74
 
 PREFACE 
 
 This is a companion and intermediate volume to my 
 Election of County Councils, and my recently published 
 Election of Parish Councils. It completes the series of 
 election works which commenced with my Election Agent 
 and Returning Officer. 
 
 The subject of this book is of extreme complexity, and 
 that difficulties will discover themselves in giving practical 
 effect to the Act and Rules, and in bringing the new autho- 
 rities into existence, must be expected. Those who have 
 been concerned in the election of guardians and urban 
 authorities, and who are called upon to take part in the 
 coming elections, have both to unlearn the old system and 
 to learn the new ; and have thus more to learn than those 
 concerned in the election of the new parish councillors, 
 who start entirely afresh. 
 
 The experiment of taking the polls together, and thus 
 of blending two totally distinct elections in the middle of 
 their course and at one stage only, seems to me to be more 
 likely to be attractive to the theorist than to any one prac- 
 tically concerned in the elections. Guardians and urban 
 district councillors on the one hand, and rural district and 
 parish councillors on the other hand, differ in every respect, 
 except in this possibility of taking the polls together. The 
 candidates will in most cases be different individuals, and 
 be drawn from different classes of the community, their 
 agents and assistants will differ, they differ also in their
 
 viii Preface. 
 
 qualification and nomination for election, the votes when 
 given must, of course, be counted separately, and there 
 being thus so little identity, it remains to be seen whether 
 the blending of the two elections in the middle and at one 
 stage only of their course, is really beneficial and desirable, 
 or the reverse. No doubt it is right to save the elector both 
 time and trouble, and no doubt, from his point of view, it 
 is preferable to make one journey only to the polling station, 
 and there to cast his votes for all his representatives at one 
 and the same time — provided that he is not detained too 
 long before or in the station, and provided there is no 
 probability of his being called upon to vote over again, 
 through the election becoming abortive — and when all 
 have learnt how the machinery of the elections can be 
 made to run smoothly, it may prove a success. But it is a 
 bold innovation to introduce on the first election of four 
 new elective bodies, with a new electorate, a new and intri- 
 cate Act of Parliament, with four fasciculi of rules and 
 forms, and with but little time to master the details of the 
 whole. 
 
 The object of this book is to aid in diminishing these 
 difficulties, and to offer such assistance as is in my power 
 towards the smooth running of the new machinery. For 
 this purpose I have endeavoured to bring together the 
 various statutory provisions and rules bearing upon the 
 branch of the subject under discussion, to cite every 
 decision of the Courts which appears to illustrate or ex- 
 plain such provisions or rules, to weave the whole together 
 in a methodical and connected form, and so as to make 
 each branch complete in itself, and to save the reader the 
 time and labour of hunting about from place to place to 
 collect together the information he requires, I have also 
 sought to point out the differences which exist between 
 the three kinds of election dealt with in this book. Where 
 no authority is quoted, I alone am responsible for the
 
 Preface. ix 
 
 opinion or conclusion expressed, and greater caution is 
 therefore needful in acting on such passages than upon 
 those that have authority to justify them. 
 
 The collection of irregularly marked ballot papers in 
 this book is the same as that in the Election of Parish 
 Councils ; it is, I believe, the^most complete in existence, 
 and my warmest thanks are due to those who have so 
 kindly enabled me to make it so. Most of the originals 
 have now been destroyed under the provisions of the Ballot 
 Act, and these copies serve as illustrations of the judgments 
 of the Courts, and without which such judgments cannot 
 be so easily understood or so well appreciated. They also 
 illustrate the singular ingenuity and perversity of man, and 
 the numerous methods he has invented of marking his 
 ballot paper in a manner or position other than the right 
 one, and of disregarding the express provisions of the 
 Ballot Act. 
 
 I have not found it possible wholly to dispense with 
 the use of legal terms and phrases, but it has been my 
 endeavour to express myself clearly and without ambiguit}', 
 and in language that may be comprehensible by the un- 
 professional reader as well as by the trained lawyer. And, 
 so far as it goes, I trust that this book may prove a safe 
 and useful guide to those who take part in the coming 
 elections, whether as candidate, elector, returning officer, 
 agent, assistant, or deputy. 
 
 F. R. P. 
 
 12 New Court, Carey Street, 
 November, 1894.
 
 CONTENTS. 
 
 PAGE 
 
 Table of Abbreviations . . ^jii 
 
 ,, ,, Cases cited '^^'j" 
 
 ,, ,, Statutes cited and in the Appendix . . . xxxiv 
 
 PART I. 
 The Authority and its Members. 
 
 chap. 
 
 1. Constitution of the Authority 
 
 2. Quahfication of Members . 
 
 PART II. 
 The Electors. 
 
 68 
 
 3. The Parochial Electors .....•• 
 
 4. Votes thrown Away ....••••• 7-^ 
 
 PART III. 
 Uncontested Elections. 
 
 5. Notice of Election ......... 88 
 
 6. Nomination of Candidates ........ loS 
 
 7. Acceptance and Resignation of Office, and Loss of Qualification or 
 
 Office 140 
 
 S. Casual Vacancies and Bye-Elections . . . . . .15^ 
 
 PART IV. 
 
 Contested Elections. 
 
 9. Returning Officer's Preparations for tlie Poll 
 
 10. Candidate's Preparations for the Poll . 
 
 11. The Poll 
 
 12. Counting the \'otes and Declaration of Result 
 l^. Time Tables for the First Elections 
 
 r6o 
 193 
 237 
 263 
 
 315
 
 xii Contents. 
 
 PART V. 
 
 Offences at Elections. 
 chap. page 
 
 14. Corrupt Practices ......... 320 
 
 15. Illegal Practices, Payment, Employment, and Hiring . . . 323 
 
 16. Relief from Illegal Practices, etc. ...... 329 
 
 17. Election Petition and Quo ^Yarranto ...... 33S 
 
 Appendix 353 
 
 Index . , 473
 
 TABLE OF ABBREVIATIOxNS. 
 
 A. 
 
 A. & E Adolphus & Ellis's ((Queen's Bench) RepDrts, 1834-41. 
 
 Ace Accord (i.e. agrees). 
 
 App. Cas Law Reports, Appeal Gases, 1S75 — 94- 
 
 B. 
 
 B. A Ballot Act, 1872 (35 & 36 Vict. c. 33). 
 
 B. & A Rarnevvall & Aldersoii's (King's Bench) Reports, 18 18 — 22. 
 
 B. & Ad Birnewall & Adolphns's (King's Bench) Reports, 1830 — 34. 
 
 B. & Arn Barron & Arnold's Election Cases, 1843 — 46. 
 
 B. & Aust Barron & Austin's Election Cases, 1842. 
 
 B. & C Barnewall& Cresswell's (Queen's Bench) Reports, 1823 — 30. 
 
 B. &P Bosanquet & Puller's (Common Pleas) Reports, 1796 — 
 
 1804. 
 B. & P. N. R. ... Bosanquet & Puller's New Reports (Common Pleas), 
 
 1804—7. 
 
 B. &. S Best & Smith's (Queen's Bench) Reports, 1861—70. 
 
 Beav Beavan's (Rolls Court) Reports, 1838—65. 
 
 Bing liingham's (Common Pleas) Reports, 1822 — 34. 
 
 Black Comm. ... Blackstone's Commentaries on the Laws of England, 15th 
 Edition, 1809. 
 
 Black. W Blackstone's William (King's Bench) Reports, 1746 — 79. 
 
 Burr Burrow's (King's Bench) Reports, 1756 — 72. 
 
 C. 
 
 C.B Common Bench Reports, or Manning, Grainger & S_ott'.s 
 
 Reports, 1843—57. 
 
 C. B. N.S Common Bench Reports, New Series, 1S57 — 65. 
 
 C. & D Corbett & Daniell's Election Cases, 1819. 
 
 C. I. P. P. A. ... Corrupt and Illegal Practices Prevention Act, 18S3 (46 >S; 
 47 Vict. c. 51). 
 
 C. & Kir Carrington & Kirwan's (Nisi Prius) Reports, 1S43 — 52. 
 
 C. O. R Crown Office Rules, 1886. 
 
 C. M. & R Crompton, Mecson & Roscoe's (E.^chequer) Reports. 
 
 C. & P Carrington & Payne's (\isi Prius) Reports, 1823 — 41. 
 
 C. P. D. .. Law Reports, Commo.i Picas Division, 1875 — ~°-
 
 -■oo- 
 
 xiv^ Tabic of Abbreviations. 
 
 C. & R Cockburn & Rowe's Election Cases, iS^^ 
 
 Cab. & E Cababe & Ellis' Reports (Nisi Prius) 1882—85. 
 
 Camp Campbell's (Nisi Prius) Reports, 1807—16. 
 
 Car. & Marsh ... Carrington & Marshman's (Nisi Prius) Reports, 1S41 — 42, 
 
 Ch. D Law Reports, Chancery Divi.sion, 1875 — 9^- 
 
 Ch. D, (1S91, 2, Law Reports, Chancery Division, 1S91, 2, 3, 4. 
 
 3, 4) 
 
 Chit Chitty (Queen's Bench) Reports, 1S19 — 20. 
 
 CI. & F Clark & Finelly's (House of Lords) Reports, 1S31 — 46. 
 
 Clift'. Clift'ord's Southwark Election Cases, 1796 — 7. 
 
 Co. Litt Coke upon Littleton, 17th Edition, 1817. 
 
 Cox C. C Cox's Cases on Criminal Law, 1843 — 1894. 
 
 Cp Compare with. 
 
 Crabb Syn Crabb's English Synonyms, New Edition, 1S75. 
 
 C-unn Cunningham on Elections, 2nd Edition, iSSo. 
 
 D. 
 
 Davidson's Ccn- Davidson's Precedents and Forms in Conveyancing, 3rci 
 veyancing Edition, 1873. 
 
 Day Day's Election Cases, 1894. 
 
 Doug Douglas's Election Cases, 2nd Edition, 1775 — 76. 
 
 Dow Dow's (House of Lords) Reports, 1812 — 18. 
 
 Dowl Dowling's Practice Reports (King's Bench), 1830 — 41. 
 
 Duties of County Parker's Duties of County Councils under the Local Govern- 
 Councils ment Act, 1894. 
 
 E. 
 
 E. & B Ellis iS: Blackburn's (Queen's P)ench) Reports, 1851 — 58. 
 
 E. & E Ellis & Ellis's (Queen's Bench) Reports, 1858—61. 
 
 East East's (King's Bench) Reports, 1 801 — 14. 
 
 Election Agent... Parker's Election Agent and Returnirg Officer, 2nd 
 
 Edition, 1891. 
 Election of CountylParker's Election of County Councils, 2nd Edition, 1S92. 
 
 Councils 
 Election of Parish! Parker's Election of Parish Councils, 1894. 
 Councils 
 
 Exch Exchequer Reports by Welsby, Hurlstone & Gordon, 
 
 1841—57. 
 Ex. D Law Reports, Exchciiuer Division, 1875 — So, 
 
 F. 
 
 F. & F Foster & Finlayson's (Nisi Prius) Reports, 1835—38. 
 
 Falc. & F Falconer & Fitzherbert's Election Cases, 1856—67. 
 
 Eraser Eraser's Election Cases, 1790 — 92. 
 
 G. 
 
 G. O Guardians (Outside London) Election Order, 1804. 
 
 Glan Glanvillc'sIElection Cases, 1263 — 24. 
 
 Gorst Gorst's Election Manual, New Edition, 1S84.
 
 Table of A bbreviat'wns. 
 
 H. 
 
 H. & C Hurlstone & Coltman's (Exchequer) Reports, iS52— 65. 
 
 H. L. C Clark's House of Lords Cases, 1S47 — 66. 
 
 H. & N Hurlstone & Norman's (Exchequer) Reports, 1S56 — 62. 
 
 Heyw. Co Heywood on County Elections, 2nd Edition, 181 2. 
 
 Howell's St. Tr. State Trials (by Cobbett & Howell), 1 163 — 1820. 
 
 Inst Coke's Institutes. 
 
 Ir. C. L. R Irish Common Law Reports, 1S50 — 66. 
 
 Ir, L. R Irish Law Reports, 1838—50. 
 
 Ir. R. C. L Irish Reports (Common Law), 1S66— 78. 
 
 J. 
 
 J, P Justice of the Peace, 1837—94. 
 
 Jur Jurist Reports, 1837 — 54. 
 
 K. 
 
 K, & O Knapp & Ombler's Election Cases, 1834 — 35. 
 
 Keb Keble's (King's Bench) Reports, 1661 — 79. 
 
 Kyd Kyd on Corporations, 1793. 
 
 L. 
 
 L. G. A Local Government Act, 1894 (56 t\: 57 Vict. c. 73). 
 
 L. G, A., 1888 ... Local Government Act, 1888 (51 & 52 Vict. c. 41). 
 
 L. J. C. P Law Journal Reports, Common Pleas, 1831 — 75. 
 
 L. J. Q. B Law Journal Reports, Queen's Bench, 1831 — 94. 
 
 L. M. & P Lov.'ndes, Maxwell & Pollock's (Bail Court) Reports, 
 
 1850—51, 
 
 L. R. C. P Law Reports, Common Pleas, 1S65 — 75. 
 
 L. R. Eq Law Reports, Chancery & Bankruptcy, 1865 — 75. 
 
 L. R. Ex Law Reports, Exchequer, 1S65 — 75. 
 
 L. R. Ir Law Reports, Ireland, 1879 — 93. 
 
 L. R. Q. B Law Reports, Queen's Bench, 1865 — 75. 
 
 L. T Law Times Reports, New Series, 1859 — 94. 
 
 Ld. Keny Lord Kenyon's (King's Bench) Reports, 18 19 — 25. 
 
 Ld. Raym Lord Raymond's (King's Bench) Reports, 4th Edition, by 
 
 Bayley, 1694— 1732. 
 Leigh & Le M.... Leigh & Le Marchant's Guide to Election Law, 4th Ed., 
 
 1885. 
 
 Lev Levinz's (Queen's Bench), Reports, 1660 — 96. 
 
 Lud Luder's Election Cases, 1784 — 87. 
 
 Lutw Lutwyclie's Registration Cases, 1843 — 53.
 
 Table of Abbreviations. 
 
 M. 
 
 M. C. A Municipal Corporations Act, 18S2 (45 & 46 Vict. c. 50). 
 
 M. E. C. I. r. A. Municipal Elections (Corrupt and Illegal Practices) Act, 
 1884 (47 & 48 Vict. c. 70). 
 
 M. & G Manning & Grainger's (Common Pleas) Reports, 1840 — 44. 
 
 ]\I, G. & S Manning, Grainger, & Scott's (Common Pleas) Reports. 
 
 1845—47- 
 
 M. & S Maule & Selwyn's (Queen's Bench) Reports, 1813 — 17. 
 
 M. & W Meeson & Welsby's (Exchequer) Reports, 1836 — 47. 
 
 j\Iale Male on Elections, 2nd Edition, 1830. 
 
 JNIaxwell Maxwell on the Interpretations of Statutes, 2nd Edition, 
 
 1883. _ 
 
 !Mod ^Modern (King's Bench) Reports, 1669 — 1755. 
 
 Moody C. C. ... Moody's Crown Cases (Exchequer Chamber), 1824 — 44. 
 Moore Moore's (Privy Council) Appeals, 1836 — 62. 
 
 O. 
 
 O'M. & H O'Malley & Hardcastle's Reports of Election Petitions, 
 
 1S69 — 94. 
 Orme Orme on Elections, 2nd Edition, 1812. 
 
 P. 
 
 P. H. A Public Health Act, 1S75 (38 & 39 Vict. c. 55). 
 
 P. & K Perry & Knapp's Election Cases, 1833. 
 
 P. O Parish Councillors Election Order, 1894. 
 
 P. R. & D Power, Rodwell, and Dew's Election Cases, 1847—56. 
 
 P. Wms Pcere Williams (Chancery) Reports, 1695 — '^ThS- 
 
 Peck PeckwelPs Election Cases, 1802 — 6. 
 
 Perkins Perkins' Profitable Book, 1657. 
 
 Petersd. Abr Petersdoffs Abridgements, 1 861 — 70. 
 
 Phillip's Diet. ... Phillip's English Dictionary, 4th Edition, 1678. 
 
 Poph Popham's (Queen's Bench) Reports, 1591— 1627. 
 
 Print. Min Minutes of Evidence taken on the Trial of Election 
 
 Petitions, and printed by order of the House of 
 
 Commons. 
 
 Pt Part. 
 
 Q. 
 
 <^. B Queen's Bench Reports, 1841 — 52. 
 
 <^. B. (1891, 2, Law Reports, Queen's Bench Division, 1891, 2, 3, 4. 
 
 3.4) 
 
 Q. B. D Law Reports, Queen's Bench Division, 1875 — 9i- 
 
 R. 
 
 R Rule. 
 
 R. O Rural District Councillors Election Order, 1894. 
 
 Rawlinson Rawlinson's Municipal Corporations, Slh Edition, 1SS4.
 
 Table of Abbreviations. xvii 
 
 Roe Roe on Elections, 2nd Edition, 1818. 
 
 Rog Rogers on Elections, 14th Edition, 1885. 
 
 Ruff. Ruffhead's Edition of the Statutes at large. 
 
 Rules, 1883 General Rules under the M.C. A., 1882. 
 
 Russ. & R Russell and Ryan's Crown Cases, 1799— 1824. 
 
 S. 
 
 S. C Same Case. 
 
 Sch Schedule. 
 
 Salk Salkeld's (King's Bench) Reports, 1689— 1712.' 
 
 Say Sayer's (King's Bench) Reports, 1 75 1 — 56. 
 
 Scott Scott's (Common Pleas) Reports, 1834 — 40. 
 
 Scott, N.S Scott's (Common Pleas) Reports, New Series, 1856—65. 
 
 Sim Simeon on Elections, 2nd Edition, 1795. 
 
 :St. Tr. N.S State Trials, New Series (by Macdonnell), 1820—40. 
 
 Stra Strange's (Queen's Bench) Reports, 1716 — 47. 
 
 T. 
 
 T. R Term Reports by Durnford & East (King's Bench) 1785— 
 
 1800. 
 
 Taunt Taunton's (Common Pleas) Reports, 1807 — 19. 
 
 Times L. R Times Law Reports, 1884 — 94. 
 
 Tit Title, 
 
 U. 
 
 U. O Urban District Councillor's Election Order, 1894. 
 
 V. 
 
 Vin. Abr Viner's Abridgment, 1799. 
 
 W. 
 
 W. & D Wolferstan & Dew's Election Cases, 1857—58. 
 
 W. N Weekly Notes, 1866—94. 
 
 W. R Weekly Reporter, 1852— 94. 
 
 Wils Wilson's (King's Bench and Common Pleas) Reports, 
 
 1743—74-
 
 ( xviii ) 
 
 TABLE OF CASES. 
 
 Abel V. Lee (L. R. 6 C. P. 365 ; 40 L. J, C, P, 
 
 625 ; 23 L. T. 844) 
 
 Abingdon (i Doug. 419) .... 
 
 Ablett V. Basham (5 E. & B. 1019 ; 25 L. J. Q, 
 
 N.S. 285) 
 
 Ainsworth v. Lord Muncaster (2 Times L. R. loS) 
 Aldridge v. Hirst (i C. P. D. 410 ; 45 L. J. C. P. 431 
 
 35 L- T. 156) 
 
 Alexander --. Jenkins, 1892 (i Q. B. 797) . 
 
 Allen V. Greensill (4 M. G. & S. 100 ; 16 L. J. C. P. i 
 
 II Jur. 476) 
 
 Asher v. Calcraft (18 Q. B. D. 607) . 
 Ashton-under-Lyne Petition, 1885 (not reported) 
 Aslattz'. Southampton, Corporation of (16 Ch. D. 143 ; 
 
 29W. R. 147; 43L. T. 464; 45 J. P. Ill) 
 Atherton, Ex parte (2 Times L. R. 631) 
 Athlone (B. & Am. 115) . 
 
 (19L. T. 530) . 
 
 (2 O'M. cS: H. 187) . 
 
 Ayrton, Ex parte {z Times L. R. 215) 
 
 42 ; I 
 
 154 
 
 B. 
 
 ; 24 
 
 230; 
 
 \\'. R 
 
 50 L 
 
 19 W. R 
 
 2 ]\.\x 
 70S 
 
 Lutw 
 
 592 
 
 40, 112 
 
 220 
 
 30s 
 J- Ch. 33 
 
 52 
 
 54 
 
 95 
 
 341 
 
 296 
 
 333> 334) 330 
 
 PAGE 
 
 44 
 81 
 
 113 
 200 
 
 340 
 61 
 
 B. 
 
 Baker v. Locke (11 L. T. 567 ; 18 C. B. N.S. 52 ; 34 L. J. C. P. 49 ; 
 
 I H. & P. 137 ; 13 W. R. 258 ; II Jur. N.S. 65). 
 V. Monmouth, Town Clerk of {34 W. R. 64) . 
 
 44 
 46 
 no 
 225 
 
 Barlow v. Bateman (3 P. Wms. 65) . 
 Barnett v. Allen (3 H. & N. 376) .... 
 Barrow-in-Furness (4 O'M. & H. 76; 54 L. T. 618) 202, 204, 223, 231, 233, 
 
 236, 324j 327 
 
 Bath (W. & D. 146) 246 
 
 Beal V. Exeter, Town Clerk of (20 Q. B. D. 300 ; 57 L. J. Q. B. 128 ; 
 
 58 L. T. 407) 41 
 
 V. Smith (L. R. 4 C. P. 145; 3^ L- J- C. P. 145 ; 17 W. R. 317). 341 
 
 Bedford (C. & R. 87 ; P. & K. 139 ; Falc. & F. 438) . . . 246, 252
 
 Table of Cases. 
 
 XIX 
 
 PAGE 
 
 Bedfordshire (2 Lud. 567) 74 
 
 Belfast (B. & Aust. 553 ; Falc. & F. 601) . . . .81, S3, 93, 162 
 
 Bendish jy. Lindsay (11 Mod. 194) ...... 86,225 
 
 Bennett v. Brumfitt (L. R. 3 C. P. 28 ; 37 L. J. C. P. 35 ; 16 W. K. 131 ; 
 
 17 L. T. 213 ; I H. & P. 407) 197 
 
 Benthall, Ex parte {6 M. & G. 722 ; 7 Scott, N. R. 407 ; i D. & L. 747) no 
 Beresford-Hope v. Lady Sandhurst (23 Q, B. D. 79 ; 58 L. J. Q. B. 316 ; 
 
 6l L. T. 150 ; 37 W. R. 548 ; 53 J. P. 805) . . 26, 35, 82, 83, 93 
 
 Berry f. Harris (L. R. i C. P. 159) • ■ 39 
 
 Berwick-on-Tweed (3 O'AL & H. 178 ; 44 L. T. 289) . . 281, 299, 304 
 
 Bettesworth v. Allingham (16 Q. B. D. 44; 34 W. R. 296; 2 Times 
 
 L. R. 66) 229, 231 
 
 Birkbeck, Ex parte (L. R. 9 Q. B. 256) 348 
 
 Birley, Ex parte {S Times L. R. 220) .... 333, 335, 336 
 
 Blackwell v. England (8 E. & B. 541 ; 27 L. J. Q. B. 124 ; 3 Jur. N.S. 
 
 1302) 113 
 
 Blades v. Lawrence (L. R. 9 O. B. 374; 43 L. J. Q. B. 133; 
 
 22 W. R. 643 ; 30 L. T. 37S) 97 
 
 Bodmin (i O'M. & H. 120) 211 
 
 Bolton (2 O'M. & H. 138) 201, 256, 258 
 
 Bond V. St. George, Hanover Square, Overseers of (L. R. 6 C. P. 312; 
 
 40 L. J. C. P. 47 ; 19 W. R. loi ; 23 L. T.494; i Hop. & C. 427) 
 
 40, 112 
 Bowden v. Besley (21 Q. B. D. 309 ; 59 L. T. 219 ; 57 L. J. Q. B. 473 ; 
 
 36W. R. 889; 52 J. P. 536) 116 
 
 Bradford (19 L. T. 573) . . 342 
 
 Brewell, Ex parte, re Bowie (43 L. T. 580; 16 Ch. D. 484 ; 50 L. J. 
 
 Ch. 384; 29 W. R. 299; 43 L. T. 580) 113- 
 
 Bridgewater (i Peck. 108) 75, 242, 246 
 
 Brown v. Benn (5 Times L. R. 247 ; 53 J. P. 167) .... 126 
 Buckrose (4 O'M. & H. no) 172, 205, 233, 235, 255, 2S9, 298, 299, 300, 
 
 305. 327 
 
 (8th Dec., 1886 ; not reported) . . . 285, 2S6, 294, 304 
 
 Burgess J/. Clarke (14 Q. B. D. 735) 56 
 
 Burgess, Re, ex parte ^v^rgess (35 W. R. 702) ..... 54 
 Burgoynez;. Collins (8 Q.B. D. 450; 51 L. J. Q. B. 335 ; 30W. R. 923; 
 
 46 J. P. 390) 342- 
 
 C. 
 
 Cambridge (W. &D. 28). 
 Campbell v. HewHtt (16 Q. B. 25S) . 
 Campbell v. Spottiswoode (B. & S. 776) 
 Canterbury (K. & O. 131) 
 
 , 2nd (K. & O. 315) . 
 
 , 2nd (Cliff. 131, 345) 
 
 Chamberlain v. Boyd (11 Q. B. D. 407) 
 Chambers v. Smith (12 M. & W. 2) . 
 Charlesworth v. Rudgard (l C, M. & R. 
 
 b 2 
 
 . 241 
 
 • 93 
 224, 225 
 
 252, 339 
 . 251 
 
 80, «5 
 . 225 
 . 1S5 
 150
 
 XX 
 
 Table of Cases. 
 
 PAGE 
 Chelsea (2 Times L. R. 374) . . • • 236, 330, 333, 335. 337 
 
 Cheltenham, 2nd (I P. R. &D. 238). . . . 80,81,84,86,233 
 
 Chester (44 L. T. 286) 342 
 
 Churchill v. Crease (5 Bing. I77 ; 2 M. & P. 415) . • • -233 
 
 Cirencester (4 O'M. & H. 196) 245, 255, 280, 281, 282, 283, 291, 299, 302, 
 
 30s. 307 
 
 (Jan. 1S93) 288, 294, 295, 304 
 
 Clare, East (4 O'M. &H. 162) 220,221,281 
 
 Claridge v. Evelyn (5 B. & A. 86) 79 
 
 Clark, Ex parte (52 L. T. 260 ; i Times L. R. 243) . 229, 332, 334, 336 
 V. Wallond (52 L. J. <J. B. 321 ; 48 L- T. 762 ; 31 W. R. 537 ; 
 
 47 J. P. 551) 341 
 
 Clementson v. Mason (L. R. 10 C. P. 209; 44 L. J. C. P. 171 ; 
 
 32 L. T. 325 ; 23 W. R. 620) . . . 163, 198, 255, 256, 276 
 
 Clifford V. Brandon (2 Camp. p. 369) 
 Clitheroe2nd (2 P. R. & D. 285) . . . • 
 
 Collins V. Price (5 C. P. D. 544 ; 49 L. J. C. P. 685) . 
 Colville V. Lewis (2 M. G. & S. 60) . 
 Conybeare v. London School Board ((1891) i Q. B. llS) 
 Cook V. Hmnber (11 C. B. N.S. 33 ; 31 L. J. C. P. 73 ; 10 
 K. & G. 413; 8 Jur. N.S.698) . 
 
 Cork County (K. & O. 406) 
 
 Costar V. Hetherington (i E. & E. S02 ; 28 L. J. M. C 
 
 5 Jur. N. S. 985) 
 
 Coventry (i O'M. & IL 102) 
 
 Coventry (P. & K. 345 ; C. & R. 289) 
 
 Cox V. Ambrose (60 L. J. Q. B. 114; 7 Times L. R. 59) 
 
 Creek, re (3 B. & S. 459; 32 E. J. Q. B. 89; n W. 
 
 7 L. T. 596 ; 9 Jur. N.S. 646) 
 
 Cumberland elections, re (30 Solicitors' Journal, 749, 755, 772) 
 
 . 222 
 
 79, 81, 82 
 
 . 344 
 
 . 316 
 
 • 53 
 
 W. R. 427 
 
 39 
 81 
 
 198; 
 123, 309 
 . 216 
 • 255 
 
 57, 81, 85 
 
 234; 
 
 . 38 
 . 168 
 
 D. 
 
 Daniel v. Coulsting (7 M. .^ (I. 122 ; 8 Scott, 949 ; 14 E. J. C. P. 
 
 I Eutw. 230; 9 Jur. 258) . 
 Barley v. The Queen (12 CI. & E. 520) . 
 Dartmouth (B. & Am. 455) 
 Davies z/.; Duncan (E. R. 9 t'- P- 396) .... 224, 
 
 z/.; Harvey (L. R. 9 O. B. 433) 
 
 Davis V. Shepstone (11 App. Cas. 190) 
 Debditch v. Mcllwaine (10 Times L. R. 387) 
 Delane v. Hilkoat (9 B. cS: C. 310 ; 4 M. & R. 175) 
 De Souza v. Cobden ((1S91) i Q. B. 6S7) . 
 Devonport (2 Times E. R. 345 ; 54 L. T. 733 ; 50 J. 
 De Wette, Ex parte (5 Times E. R. 173) • 229, 327, 
 Dickeson v. Milliard (E. R. 9 Exch. 79) . 
 Dix V. Kent (7 Times E. R. 46) . . • 
 
 Donnelly v. Graham (24 E. R. Ir. 127) 
 
 P. 13 
 
 6, 35, 
 34) 
 333' 
 
 93, 
 
 334, 
 86, 
 
 ■Q ; 
 37, 38 
 
 • 349 
 
 • 57 
 225, 228 
 
 . 58 
 . 227 
 . 228 
 
 • 55 
 150, 341 
 
 , 206 
 
 335, 336 
 225, 228 
 
 . 47 
 . 41
 
 Table of Cases. 
 
 XXI 
 
 Downing v. Luckett (5 C 
 
 iijur. 993) . 
 Downton (i Lud. 109) 
 Drinkwater -'. Deakin (L. R. 9 C. P 
 Drogheda (2 O'M. & H. 201) . 
 Dublin (I P. R. & D. 190) 
 Duffy V. Chambers (26 L. R. Ir. 100 
 Dumferling (Peck. 16 n.). 
 Dunchurch (5 Times L. R) 183. 
 Duncombe v. Daniell (8 C. & P. 222 
 Durant v. Carter (L. R. 9 C. P. 261 
 
 29 L. T. 6S1 ; 2 Hop. & C. 142) 
 
 B. 40; 17 L. J. C. 1' 
 
 43L. J.C 
 
 P. 17 
 
 PAGE 
 [ ; 2 Lutw. 33 ; 
 
 37, 38 
 
 . 305, 307 
 
 79, 80, 81, 82, 83, 84 
 
 166, 167, 245 
 
 . 305 
 
 . 42 
 
 • 309 
 
 332, 335> 336, 337 
 
 87, 224, 225, 228 
 
 ; 22W.R. 158; 
 
 . 41 
 
 E. 
 
 Edwards v. Lloyd (20 Q. B. D. 302 ; 57 L. J. Q. B. 121 
 Election of County Councillors, re (5 Times L. R. 173). 
 
 Emmens v. Pottle (i Cab. & E. 553) 
 
 Essex, Barston Division of (5 Times L. R. 159) 
 
 • , South-west (2 Times L. R. 338, 388) 
 
 Etherington v. Wilson (L. R. 20 Eq. 618). 
 Evan's Case (9 A. &. E. 670) . 
 Evans, Ex parte (5 Times L. R. 207) 
 
 58 L. T. 409) 46 
 
 33i> 332, 333> 334» 
 
 335, 336, 337 
 
 . 228 
 
 . 231 
 
 332, 333, 334, 335 
 . 81 
 
 . 38 
 . 334 
 
 F. 
 
 79, f>i 
 333, 334, 335, 337 
 
 82 
 
 Fanagan v. Kernan (9 L. R. Ir. 44) . 
 Fenwick, Ex parte (5 Times L. R. 221) . 
 
 Fife (I Lud. 455) 
 
 Flatcher v. Boodle (18 C. B. N.S. 152 ; 34 L. J. C. P. 77 ; 13 W. R 
 
 340; II L. T. 630; I H. & P. 238; II Jur. N.S. 67) . . 44 
 
 Fletcher £/. Hudson (7 Q. B. D. 611 ; 51 L. J. Q. B. 48; 30W.R.349 
 
 46 L. T. 125; 46 J. P. 372) 56,150 
 
 z/. Saunders (49 J. P. 424) 54 
 
 Flintham v. Ro.xburgh (17 Q. B. D. 44 ; 55 L. J. Q. B. 472 ; 34 W. R 
 
 543; 54L-T. 797; 50 J. P. 311) . . . . • 
 
 Flintshire (i Peck. 526) ......•• 
 
 Ford 2/. Barnes (16 Q. B. D. 254) 
 
 V. Drew (5 C. P. D. 59 ; 49 L. J. C. P. 172 ; 28 W. R. 137 ; 41 
 
 L. T. 478; 44 J. P. 58; I Colt, I) 
 
 V. Hart (L. R. 9 C. P. 273 ; 43 L. J. C. P. 24 ; 22 W. R. 159 
 
 25 L. T. 685 ; 2 Hop. & C. 167) 
 
 V. Pye (L. R. 9 C. P. 269; 43 L. J. C. P. 21 ; 22 W. R. 159 
 
 29 L. T. 684; 2 Hop. &C. 157) 
 
 Fox V. Davies (6 C. P. 11 ; 18 L. J. C. P. 48 ; 2 Lutw. 97 ; i Jur. 155 
 Frankland v. Nicholson (3 M. & S. 260) ..... 
 Frost V. Chester, Mayor, etc. of (5 E. & 15. 531 ; 25 L. J. Q. B. 61 
 
 2 Jur. N.S. 114) 
 
 34, 35 
 
 82 
 
 42 
 
 41 
 
 41 
 44 
 no 
 
 349
 
 XXll 
 
 Table of Cases. 
 
 G. 
 
 Galway (i O'M. & H. 303) 
 
 County (2 O'M. & II. 47) 
 
 Gilham v. Harris (L. R. i C. P. 158) 
 GledhiU V. Crowther (23 Q. B. D. 136; 58 L 
 
 J. Q. B. 32 
 
 866; 53 J. P. 677) 
 
 Gloucester (2 O'M. &. H. 60) 
 
 Gosling V. Veley (7 Q. B. 439) .... 
 
 Gothard v. Clarke (5 C. P. D. 253 ; 49 L. J. C. P. 474 ; 29 
 
 42L. T. 776; 44J. P. 587) 
 
 Grant v. Pagham, Overseers of (3 C. P. D. 80 ; 47 L. J. C 
 
 W. R. 169 ; 37 L. T. 404 ; 2 Hop. & C. 3S4) . 
 Graveson re {Times newspaper, 31st January, 1889) 
 Gregory v. Brunswick, Duke of (6 M. & G. 205). 
 Gregory & Frost, Ex parte {^ Times L. R. 221) . 
 Green z/. Hall (W. N. (1880) p. 146). 
 Greenham v. Child (24 Q. B. D. 29 ; 59 L. Q. B. 27 ; 6 
 
 38 W. R. 94) 
 
 Greenway -'. Batchelor (12 Q. B. D. 381 ; 47 J. P. 792) 
 Gribbin v. Kirker (7 Ir. R. C. L. 30) ... 
 
 \V. R. 102 
 
 60 L. T 
 
 PAGE 
 84,85 
 
 39 
 
 117 
 217 
 
 82 
 
 116 
 
 P. 59 ; 26 
 
 L. T. 56. 
 
 60, 80 
 331 
 
 222 
 337 
 
 341 
 
 113 
 
 39 
 
 258 
 
 H. 
 
 Hackney (2 O'M. & H. 77) 339 
 
 Halifax (4 O'M. & H. 204) 305 
 
 Harding z'. Cornwell (60 L. T. 959) .... loo, 115, 116, 117 
 
 Hardwick v. Brown (L. R. 8 C. P. 406, 413 ; 21 W. R. 639 ; 28 L. T. 
 
 502) 15, 54, 147, 152 
 
 Hargreaves v. Hopper (i C. P. D. 195 ; 45 L. J. C. P. 105 ; 24 W. R. 
 
 186; 33L. T. 530) 37 
 
 Harmon v. Park (6 Q. B. D. 323) 340 
 
 (7 Q. B. 1). 369 ; 50 L. T. Q. B. 775 ; 45 L. T. 174; 
 
 45 J. P. 714) 109, 117, 120 
 
 Harris, re (6 A. & E. 475) 350 
 
 Harrison v. Carter (2 C. P. D. 26 ; 46 L. J. C. P. 57 ; 25 W. R. 182 ; 
 
 35 L. T. 511 ; 2 Hop. & C. 324) 46 
 
 Hart, r^ (2 Times L. R. 24) 331,334 
 
 Harwardz*. Scott (5 C. D. 231) 76 
 
 Harwich (l Peck. 396) 255 
 
 (30'M. &H. 68) 211 
 
 Harwood v. Astley (i B. & P. N. R. 47) . . . . 86, 224, 225 
 
 Haslope z-. Thome (i M. & S. 103) 113 
 
 Hawkins v. Rex (2 Dow, 124) 83 
 
 Hay V. London, Justices of Tower Division of (24 Q. B. D. 561) . . 53 
 
 Henderson v. Bank of Australasia (45 Ch. D. 330) .... 222 
 Hempson, Ex parte (5 Times L. R. 220) ..... 334, 335 
 Henrette v. Booth (15 C. B. N.S. 500; 33 L. J. C. P. 51 : 12 W, R. 
 
 173 ; 9 L. T. 392 ; I H. & P. 23 ; 9 Jur. N.S. 1293) ... 39 
 Henry v. Armitagc (12 (^. 15. D. 257 ; 32 W. R. 192) . . .112
 
 Table of Cases. 
 
 XXlll 
 
 
 PAGE 
 
 . 
 
 . 
 
 342 
 
 B. 
 
 73; 
 
 
 . 
 
 t 
 
 "3 
 
 . 
 
 . 
 
 337 
 
 221 
 
 33°. 
 
 331 
 
 334 
 
 335> 
 
 Zl^ 
 
 Hereford (19 L. T. 703) 
 
 Hewer z/. Cox (3 E. & E. 42S ; 3 L. T. 508; 30 L. J. Q. 
 
 9 W. R. 143 ; 6 Jur. N.S. 1339) .... 
 
 Hexham (4 O'M. & H. 144) • 
 
 (29th November, 1S92) . . . • • 
 
 Hobbs, Ex parte (5 Times I^. R. 272) . . . 333. 
 
 Honeybourne v. Hambridge (12 Q. B. D. 418; 56 L. J. Q. B. 46; 35 
 
 W. R. 520; 56 L. T. 365 ; 51 J. P. 103 ; l Fox, 26) . . . 46 
 
 Horsham, 2nd (i P. R. & D. 258) 81, 84 
 
 Howes -.'. Turner (l C. P. D. 670 ; 45 L. J. C. P. 550 ; 35 L. T. 38) . 95 
 Hughes V. Chatham, Overseers of (5 M. & G. 54 ; i Eutw. 51 ; 7 Scott, 
 
 581; 13 E.J. C. P. 44; 7 Jur. 1 137) 44 
 
 .-z.. Jones (I B. & Ad. 388) 93 
 
 Hunnings v. Williamson (11 Q. B. D. 533 ; 52 E. J. Q. B. 416; 32 
 
 W. R. 267; 49E. T. 361) 56,57 
 
 Hutchinson, Ex parte {^ Times E. R. 136) . . . 333> 334» 337 
 
 I. 
 
 Imason v. Cope (5 C. & P. 193) 
 Ipswich (54 E. T. 625) , 
 
 (4 O'M. & H. 72) 
 
 Ives, Ex parte (5 Times E. R. 136) 
 
 . 223 
 197, 216, 223 
 
 . 223 
 229, 334. 336 
 
 Jenner v. A'Beckett (E. R. 7 Q. B. 11) 
 
 Jones z/.jBubb (L. R. 4 C. P. 468 ; 38 E. J. C. P. 57 ; 17 W. R. 
 
 19 E. T. 483 ; I Hop. & C. 128) 
 
 ■ V. Macquillin {5 T. R. 195) 
 
 205; 
 
 224 
 
 43 
 III 
 
 Keatinge & Wynne, re (5 Times E. R. 195) 
 Kennington (4 O'M. & H. 93 ; 54 E, T, 628) 
 Kidderminster (2 O'M. & H. 170) . 
 Kirkcudbright (l Eud. 72) . . • 
 
 Knaresborough (2 P. R. & D. 211) . 
 Knutsford Division of Cheshire (5 Times E. R. 
 
 170) 
 
 . 232 
 
 . 340 
 
 . 80 
 
 . 258 
 
 . 231 
 
 Eayton & Woodbridge, Ex parte (5 Times E. R. 198). 
 
 Ee Feuvre v. Eankester (3 E. & B. 530 ; 23 E. J. Q 
 
 2C. E. R. 1426; 18 Jur. 894) 
 
 Eenanton, ^^r/^r/t- (53 J. P. 263) 
 
 Eenhamt'. Barber (10 Q. B. D. 293 ; 52 E. J. (^ 
 
 48J. P. 23) 
 
 Eeo minster (Rog. 1202) .... 
 
 B. 312 
 
 . 333 
 B. 254; 
 
 58, 144 
 • 331 
 21 W. R.42b- 
 
 • 341. 342 
 . So, 81, 86
 
 XXIV 
 
 Table of Cases. 
 
 Leominster (C. & D. i) . 
 Lewis V. Cair (i Ex. D. 4S4 
 
 36 L. T. 44) 
 
 Lichfield (3 O'AL & H. 13S) . 
 Liffin V. Pitcher (l Dowl. N.S. 767) . 
 
 Lincoln (25th July, 1884) 
 
 Londonderry (4 O'M. & H. 96) 
 
 Longford (2 O'M. & H. 13) . 
 
 Lord Colin Campbell, re (20 Q. B. D. S16) 
 
 Lucas V. Mason (L. R. 10 Exch. 254) 
 
 Lutwyche, Ex parte {Times newspaper, 5th INIarch, i^ 
 
 Lyme, Cozen's Case (B. tS: Aust. 463) 
 
 Hicks' Case (B. & Aust. 460) . 
 
 Regis (B. & Aust. 486) .... 
 
 PAGE 
 82,85 
 
 46 L. J. Ex. 314; 24 W. R. 940; 
 
 56, 57, 144. 150 
 
 216 
 202 
 
 9-^) 
 
 334 
 306 
 223 
 
 54 
 222 
 
 336 
 40 
 40 
 39 
 
 M. 
 
 ISIackay v. McGuire ((1S91) i Q. B. 250) 
 
 McDermott v. Chambers (22 L. R. Ir. 432) .... 
 
 M'Gowan v. Sedley (8 Ir. C. L. R. 342) 
 
 IM'Grath v. Buchanan (26 L. R. Ir. 124) ..... 
 McLaren v. Home (7 (^. B. D. 477 ; 50 L. T- Q- B. 658; 30 W. R. 85 
 
 45L. T. 350; 46J. P. 85) 
 
 McLean v. Pritchard (20 Q. B. D. 285 ; 58 L. T. 337) 
 
 Maidstone (Rog. 1204) 
 
 Manchester, East (4 O'M. & H. 121) 2. 
 
 Margarill v. Whitehaven, Overseers of (16 (). B. D. 242) 
 
 Marsh -'. Estcourt (24 Q. B. D. 147 ; 59 L. J. <^. B. 100 ; 38 W. R. 495 
 
 54 J. P. 294; I Fox, 157) 
 
 Martin v. Hanrahan (22 L. R. Ir. 452) 
 
 Marton v. Gorrill (23 Q. B. 1). 139 ; 58 L. J. (^. B. 329 ; 60 L. T. 867 
 
 54 J- r- 181) ■ . . . . 
 
 Mashiter v. Dunn (6 C. B. 30; 18 L. J. C. P. 13 ; 2 Lutw. II2; I 
 
 I'- T. 197) . . . . " 
 
 Mason v. Bibby (2 II. & C. 88i ; 33 L. J. Ex. 105 ; 10 Jur. N.S. 519 
 
 9 L. T. 692 ; 12 W. R. 382) 
 
 Mather v. Brown (i C. P. D. 596 ; 45 L. J. C. P. 547 ; 24 W. R. 736 
 
 34 L. T. 869) 
 
 Mathews, Ex parte (2 Times L. R. 548) ..... 
 INIaude v. Lowley (L. R. 9 C. P. 165 ; 43 L. J. C. P. 103 ; 30 L. J. 168 ; 
 
 22 W. R. 649) 340, 
 
 Maybury v. Mudic (5 M. G. & S. 283 ; 17 L. J. C. P. 95 ; 5 1). .\; L. 
 
 360 ; 12 Jur. 80) 
 
 Mayo (2 O'M. & H. 191) 
 
 Measom, Ex parte {^ Times L. R. 221) . . . 332, in, 335, 
 
 Mellist^. Shirley Local Board (16 Q. V,. I). 446) 
 
 Merivale v. Carson (20 Q. B. I). 275) 
 
 Mersey Docks and Harbour Board v. Lucas (51 L. J. Q. B. 114, 116) 
 
 37 
 
 46 
 
 241 
 
 45 
 
 343 
 37 
 57 
 
 234 
 45 
 
 43 
 42 
 
 no 
 
 46' 
 
 113. 
 112 
 
 341 
 
 112 
 121 
 
 336 
 
 58 
 
 224 
 
 59
 
 Table of Cases. xxv 
 
 I'AGE 
 
 Middlesex (2 Peck, i) .241 
 
 Middleton v. Simpson (5 C. P. D. 1S2 ; 49 L. J. C. P. 312 ; 28 W. R. 
 
 629; 44 J. P. 251) 34 
 
 Miles V. Mcllwraith (8 App. Cas. 120 ; 52 I.. J. P. C. ; 31 '^'^ • l'^- 59i ; 
 
 48 L. J. 689) 5« 
 
 Mills V. Northern Railway of Buenos Ayres Co. (P. R. 5 Ch. 621, 631). 58 
 
 Milward 57. Thatcher (2 T. R. 81) '3. '4 
 
 Moger V. Escott (L. R. 7 C. P. 158 ; 41 L. J. C. P. 86 ; 20 W. R. 368 ; 
 
 26L. T. 99; I Hop. & C. 645) 44 
 
 Monks V. Jackson (l C. P. D. 683 ; 46 L. J. C. P. 162 ; 35 L. T. 95) 121, 126 
 
 Monmouth (K. & O. 409) 74, 247> 252 
 
 Montefiore, Ex parte (5 Times L. R. 78) . . . • • 332) 335 
 
 Moore v. Terrell (4 B. & Ad. 870) • .228 
 
 Moorhouse v. Linney (15 Q. B. D. 273 ; 53 L. T. 343 ; 33 ^V. R. 704 ; 
 
 49 J. P. 471) 100, "2, 115, 116 
 
 Morish v. Harris (L. R. i C. P. 155 ; 35 L. J. C. P. loi ; 14 W. R 
 
 479 ; 13 L. T. 762 ; 12 Jur. N.S. 627) .... 
 
 39 
 
 Nell V. Longbottom ((1894) i Q. B. 767) .... S^, 59> 3o6 
 
 Nevvcastle-under-Lyme (B. & Aust. 564) 80, 84 
 
 Newhaven Local Board v. Newhaven School Board (30 Ch. D. 350) 6, 155 
 Nicholson v. Fields (7 H. & N. 810 ; 21 L. J. Ex. 233 ; ic W. R. 304) 5^, 57 
 Nield V. Batty (L. R. 9 C. P. 104 ; 43 L. J. C. P. 73 ; 29 L. T. 747 ; 
 
 22 W. R. 407) 
 
 Northcote v. Pulsford (L. R. 10 C. P. 476 ; 44 L. J. C. 
 
 602 ; 23 W. R. 700 ; 4 O'M. & H. 483) . 
 Northumberland, South (May, 719 n.) 
 Norwich (i O'M. & H. 8 ; 19 L. T. 615) . 
 
 . (4 O'M. & H. 84 ; 54 L. T. 625) 
 
 • (27 March, 1886 ; Piint. Min. 67, 78) . 
 
 Nottingham (i O'M. & H. 246) 
 
 Nunn V. Denton (7 M. & G. 66 ; i Lutw. 178; 
 
 L.J. C. P. 43) 
 
 Nutton V. Wilson (22 Q. B. D. 744 ; 58 L*. J. Q. B. 443 ; 37 W. R. 522 ; 
 
 53 J- I'- 644) 56, 5S 
 
 Oakhampton (l Fraser, 162) 76, 242, 243 
 
 O'Brien, ^jf /«;-/<? (15 Cox C. C. 180) 227 
 
 Odger V. Mortimer (28 L. T. 472) 228 
 
 Oldham (I O'M. & H. 151 ; 20 L. T. 302) . 53, 241, 242, 246, 251, 254 
 
 Osgood V. Nelson (41 L. J. (J. B. 337 ; L. R. 5 H. L. 636) . . 97 
 
 P. 217 ; 
 
 32 L. T. 
 
 
 . 281 
 
 
 . 306 
 
 
 80, 342 
 
 
 . 219, 331 
 
 
 . 232 
 
 
 . 223 
 
 8 Scott, 
 
 794; H 
 
 
 37» 38
 
 XXVI 
 
 Table of Cases. 
 
 Pankhurst "'. Hamilton (3 Times L. R. 505) 
 
 V. Sowler (3 Times L. R. 193) . 
 
 V. Thompson (3 Times L. R., p. 2CO) 
 
 Parker v. Kett (Lord Raym. 658) 
 Parmiter v. Coupland (6 M. & W. 105) 
 Pedley v. Chapman (7 Times L. R. 396) . 
 Pembroke County Comicil Election, Re (5 Times L. !■ 
 
 Penryn (C. & D. 55) 
 
 , Case of Mayor of (i Stra. 5S2) 
 
 Peter v. Kendall (6 B. & C. 703) 
 Peterborough, 2nd (2 P. R. & D. 295) 
 
 Phillips z'. Goff (17 Q. B. D. 805; 55 L.J. Q. B. 512; 50 J. P 
 
 2 
 Pickering v. James (L. R. 8 C. P. 489 ; 42 L. J. C. P. 217 ; 21 W. R. 
 
 786 ; 29 L. T. 210) . . 90, 163, 164, 165, 169, 243, 244, 245, 246 
 
 
 PAGE 
 
 • 224, 
 
 225, 226 
 
 
 226, 227 
 
 
 . 225 
 
 
 • 93 
 
 
 224, 225 
 
 
 222 
 
 <. 272, 321) 
 
 • 330 
 
 
 . 81 
 
 
 • 350 
 
 
 • 350 
 
 
 . 80 
 
 12; 50 J. P. 6 
 
 14) 280, 
 
 281, 
 
 294, 299 
 
 2/. Startin (28L. T. Ill) 281 
 
 Piercy z/. Maclean (L. R. 5 C. P. 252 ; 39 L. J. C. P. 115 ; iS W. R. 
 
 732; 21 L. T. 213 ; I Hop. & C. 371) 37 
 
 Pittard z/. Oliver ((1891) I Q. B. 474) 227 
 
 Pontefract (4 O'M. & H. 200) 220, 221 
 
 Pougett t'. Tomkyns (3 M. & S. 262) in 
 
 Powell V. Boraston (18 C. B. N.S. 175 ; 34 L. J. C. P. 73 ; 13 W. R. 
 
 465 ; II L. T. 734; I H. & P. 179; II Jur. N.S. 160) 
 
 V. Bradley (18 C. B. N.S. 65; 34 L. J. C. P. 67; 13 
 
 W. R. 272 ; II L. T. 602 ; I H. & P. 159 ; 10 Jur. N.S. 1240) . 
 
 V. Farmer (18 C. B. N.S. 168 ; 34 L. J. C. P. 71 ; 13 W. R. 
 
 39 
 
 36 
 t ; 13 W. R. 
 
 467; II L. T. 736; I H. & P 172; II Jur. N.S. 162) . . 39 
 V. Guest (18 C. B. N.S. 80 ; 33 L. J. C. P. 69 ; 13 W. R. 274 ; 
 
 II L. T. 599 ; I H. & P. 149 ; 10 Jur. N.S. 1238) . . 40, 41 
 
 Preece z'. Harding (24 Q. B. D. no; 59 L. J. Q. P. 82 ; 61 L. T. 837 ; 
 
 38 W. R. 350) 344 
 
 z'. Pulley (49 L. J. C. P. 686) 341 
 
 Pretty v. Solly {26 Beav. 606 ; 33 L. T. 72) 134 
 
 Pritchard v. Bangor, Mayor, etc. of (13 App. Cas. 241 ; 57 L. J. Q. B. 
 
 313 ; 58 L. T. 502) . . . . 35> 120, 126, 280, 305, 309, 312 
 
 Pryce v. Belcher {4 C. B. 866 ; 16 L. J. C. P. 264) . . . .251 
 
 Pulborough School Board, ;v (1894) I Q. B. 725) .... 55 
 
 K. 
 
 R. V. Armstrong (25 L. J. Q. B. 238 ; 2 Jur. N.S. 21 1) . . . 349 
 
 — f. Avery (18 Q. B. 576; 21 L. J. Q. B. 153; 17 Jur. 194) . 113, "6 
 
 — V. Backhouse (L. R. 2 Q. B. 16 ; 7 B. & S. 911) . . . . 350 
 
 — V. Bangor, Mayor, etc. of (18 Q. B. D. 349 ; 56 L. J. (^. I!. 326 ; 
 
 35 W. R. 158; 56 J. P. 51) . . . .35,144,148,279,305 
 
 — V. Bankes (3 Burr. 1454 ; i W. 151. 445) 349 
 
 — V. Barford (Rawlinson, 92) 55
 
 Tabic of Cases. 
 
 xxvu 
 
 147 
 
 2: 
 
 372 
 
 R. V. Barzey (4 M. & S. 253) . 
 
 — V. Benney (i B. & Ad. 6S4) 
 
 — V. Bester I3 L. T. 667) 
 
 — V. Billinghurst (3 M. & S. 250) . 
 
 — V. Blissell (I Roe, 279) . . . 
 
 — V. Blizard (L. R. 2 Q. B. 55 ; 7 B. & S. 922) 
 
 — V. Bower (i B. & C. 585 ; 2 D. & R. 842) 
 
 — V. Biadlaugh (15 Cox C. C. 217) . 
 
 — V. Bradley (3 E. & E. 634; 30 L. J. n. B. 180; 9 W. K 
 
 3L. T. 753; 7jur. N.S. 757) . 
 
 — V. Brame (4 A. & E. 664) . 
 — '.'. Bridge (I M.& S. 76) ... 
 
 — V. Bridgnorth, Mayor, etc. of (10 A. & E. 66 ; 2 P. & D. 317 
 
 3 Jur. 384) 
 
 — V. Burdett (i St. Tr. N.S. i) 
 
 — V. Burns (16 Cox C. C. 355) 
 
 — V. Cambridge (4 Burr. 2008) 
 
 — V. Carlisle (i St. Tr. N.S. 1033) . 
 
 — V. Chester, Archdeacon of (i A. & E. 345 
 
 — V. Chester, Bishop of (i Ld. Raym. 292) 
 
 — V. Chipping Wycombe (44 L. J. Q. B. 82 ; 32 L. T. 204) 
 
 — V. Clark (Russ. & R. 358) . 
 
 — 7'. Clarke (i East, 38) ... 
 
 — V. Colchester, Mayor of (2 T. R. 259) . 
 
 — 7'. Collins (9 C.& P. 456) • 
 
 — V. (2 Q. B. D. 30 ; 46 L. J. Q. B. 257 ; 36 L. T. 192) . 
 
 — V. Cooban (18 Q. B. D. 269 ; 56 L.J. M. C. 33 ; 51 J- ^- 5oo) 
 
 — V. Cork, Justices of (15 Cox C. C. 149). 
 
 — V. Courtenay (9 East, 246) . 
 
 — V. Cousins (L. R. 8 Q. B. 216) . 
 
 — V. Coward {16 Q. B. 819 ; 20 L. J. Q. B. 359 ; 15 Jur. 726) . lOO 
 
 PAGE 
 
 351 
 
 83 
 
 ), III 
 
 82 
 
 350 
 
 145 
 
 5, 226 
 
 112 
 351 
 
 83 
 
 :- 8 Jur 
 II 
 
 — V. Dawes (4 Burr. 2022) ..... 
 
 — V. Deighton (5 Q. B. 896 ; 13 L. J. Q. B. 241 ; D. & M 
 
 686) 
 
 — V. Derby, Councillors of (7 A. & E. 419) 
 
 — V. Diplock (L. R. 4 Q. B. 549 ; 38 L. J. Q. B. 297 ; 17 W. R. 82: 
 
 loB. &S. 613; 21 L. T. 24) . 
 
 — V. Ditcheat (9 B. & C. 176 ; 4 INI. & R. 151)- 
 
 — z/. Dixon (15 Q. B. 33; 19 L. J. Q. B. 363; 14 Jur. 811) 
 
 — V. D'Oyley {12 A. & E. 159) 
 
 — V. Dudley (7 Dowl. 700) .... 
 
 — V. Duffy (9 Ir. L. R. 329) .... 
 
 — V. Dyott (L. R. 9 Q. B. 47 ; 51 L. J. M. C. 104 
 
 47j-l'-54) 
 
 — V. Eastbourne, Town Clerk of (66 L. T. 323). 
 
 — V. E.istern Counties Railway Co. (5 E. & B. 974 ; 
 
 2 Jur. N.S. 161) 
 
 — V. Evans (8 C. & P. 765) .... 
 
 o W. R. 799 
 
 :5 L. J. M. C. 49 
 
 44 
 226 
 226 
 
 349 
 225 
 
 222 
 112 
 40 
 no 
 351 
 349 
 226 
 
 350 
 
 54> 55 
 226 
 
 350 
 350 
 ii3> 
 115 
 
 349 
 
 "3 
 
 82 
 
 350 
 37 
 34 
 
 222 
 
 351 
 227 
 
 44 
 71 
 
 45 
 no
 
 xxvm 
 
 Table of Cases. 
 
 R. V. Exeter, Mayor of (L. R. 4 Q. B. no ; 19 L. T. 397) . 
 
 — z/. Dipstale's case (L. R. 4 Q. B. 114; 19 L. T 
 
 432) 
 
 Westcombe's case (L. R. 4 Q. B. no; 19 L. T 
 
 397) 
 
 — V. Eye, Mayor of, Evan's case (9 A. & E. 679 ; 2 P. & D. 348) 
 
 — V. Neobard's case (9 A. & E. 670 ; 2 P. & D. 348) 
 
 — V. Forbes (2 St. Tr. N.S. p. 960) 
 
 — V. Fox (8 E. & B. 399 ; 21 L. J. Q. B. 151 ; 4 Jur. N.S. 410 ; 16 
 
 Cox C.C. 166, 168) 
 
 — V. Francis (18 Q. B. 526 ; 21 L. J. Q. P.. 304 ; 16 Jur. 1046) 
 
 — V. Fursey (6 C. & P. 81, 86) 
 
 — V. Gaskarth (5 Q. B. D. 321) 
 
 ■ — V. Gordon, Lord George (22 HowelPs St. Tr. 175) 
 
 — V. Gravesend, Mayor, etc. of (2 B. & C. 603). 
 
 — V. Graham (9 W. R. 738) 
 
 — V. Greene (2 Q. B. 460 ; 2 G. & D. 24 ; 6 Jur. 777) 
 
 — V. (4 Q. B. 646 ; 6 Jur. 896) .... 
 
 — V. Gregory (i E. & B. 600; 22 L. J. Q. B. 120 ; 17 Jur. 272) 
 
 — V. Halesworth (3 B. & Ad. 717) 
 
 — V. Hammond (17 Q. B. 772 ; 21 L. J. Q. B. 153 ; 16 Jur. 194) 
 
 PAGE 
 112 
 
 40 
 
 40 
 
 38 
 
 3S 
 
 222 
 
 251, 349 
 
 58, 350 
 
 221 
 
 59 
 
 227 
 
 93 
 222 
 
 143 
 
 352 
 
 100, n3, 
 
 "S 
 
 . 46 
 40, 112, 
 n^ 
 
 — V. Hampton (6 B. & S. 923 ; 15 W. R. 43 ; 13 P. T. 431 ; 12 Jur. 
 
 N.S. 583) • . . 349, 350 
 
 — V. Hart & White (30 Howell's St. Tr. n3i, n94) . . . .227 
 
 — V. Hartlepool, Mayor, etc. of {2 L. M. & P. 666 ; 21 L. J. Q. B. 71 ; 
 
 15 Jur. n58) n6 
 
 -- V. Hawkins (10 East, 214) ........ 79 
 
 — V. Hayward (2 B. & S. 585 ; 31 L. J. INI. C. 177 ; 10 W. R. 55S; 
 
 6 L. T. 285 ; 9 Jur. N.S. 45) 349 
 
 — z/. Herefordshire, Justices of ( I Chit. 700) ..... 349 
 
 — V. Hiorns (7 A. & E. 960) 83 
 
 — 57. Hodge (2 B. & A. 344 n.) 351 
 
 — c'. Hodson (4Q. B. 648n.; n L. J. Q. B. 219; 6 Jur. 968) . 147,348 
 
 — V. Ireland (L. R. 3 Q. B. 130 ; 37 L. J. (^ B. 73 ; 16 W. R. 358 ; 
 
 9 B. & S. 19 ; 17 L. T. 466) 46 
 
 — e/. Islington, Churchwardens of (26th October, 1891) . . . 258 
 
 — z^ Jeff {15 Vin. Abr. 89) 227 
 
 — -'. Kemp (I East, 46 n.) 351 
 
 — z/. Leadbitter (13M. & W. 838) 222 
 
 — V. Leeds, Mayor, etc., of (n A. & E. 512 ; 4 P. & D. 632) . . 349 
 
 — V. Lichfield, Mayor, etc. of (2 Q. B. 693; 2 G. & I). 10 ; 6 Jur. 
 
 624) 45, 46 
 
 — V. Lofthouse (L. R. i (^. 15. 433 ; 35 L. J. Q. P.. 141 ; U ^V- !<• M ; 
 
 7B. &S. 447; i4l^-T. 359) 35i 
 
 — z'. London, Mayor of (9 B. & C. I) 162 
 
 — V. McGovvan (n A. & E. 869 ; 3 P. & D. 557 ; 4 Jur. 913) . . 350 
 
 — f. Maddy (n A. & E. 886) n
 
 Table of Cases. 
 
 XXIX 
 
 R. V. Mansel-Jones (lO Times L. R. 515) 
 
 — V. Mayor of Bangor (18 (2- B. D. 349) 
 
 — V. Mitchell (10 East, 511) . 
 
 — V. Morton (8 Times L. R. 50) 
 
 — V. ((1892) I Q. B. 39) . 
 
 — V. Newman (i Ld. Raym; 562) 
 
 — V. North Curry (4 B. & C. 959 ; 7 I^- '■'^ !<• 424) 
 
 — V. Nottingham Journal, Proprietors of (9 Dowl. 1042) 
 
 — V. Oxford, Mayor of (6 A. & E. 349 ; i N. & 1'. 474) 
 
 — V. Owens (2 E. & E. 86 ; 28 L. J. Q. B. 316 ; 5 Jur. N.S 
 
 — V. Parkinson (L. R. 3 Q. B. 11 ; 37 L. J. <2- I'- 5^ ; 16 
 
 SB. & S. 769; 17 L. T. 169) . 
 
 — V. Parry (6 A. & E. 810 ; 2 N. & P. 414) 
 
 — V. Pateman {2 T. R. 777) • 
 
 — V. Patterson (9 B. & Ad. 9) . 
 
 — V. (4 B. & Ad. 9) . 
 
 O. B 
 
 896 
 
 D. 
 
 188 
 
 24 
 
 W. R 
 
 — V. Phippen (7 A. & E. 966) . 
 
 — V. Preece (5 Q. B. 94; 12 L. J. Q. B. 335 ; 7 Jur 
 
 156) 
 
 — V. Price (8 Moore, 203) 
 
 — V. Quayle (11 A. & E. 508 ; 5 Jur. 386) 
 
 — V. Radnor, New (2 Ld. Keny. 498) 
 
 — V. Ramsey & Foote (48 L. T. p. 739) 
 
 — v. Rawlins (25 Q. B. D. 382) 
 
 — V. Rice (8 Moore, 203) 
 
 — V. Richmond (11 W. R. 65). 
 
 — V. , Duke of (6 T. R. 560) 
 
 — V. Rippon (I Q. B. D. 217 ; 45 L. J 
 
 34 L. T. 444) . 
 
 — V. Rowley (3 Q. B. 143 ; 6 Jur. 872 ; in error 
 
 14 L.J. Q. B. 62; 8 Jur. 1170) , 
 
 — V. Russell (10 B. & S. 91 ; 17 W. R. 402 ; 19 L. T. 686) 
 
 — V. St. Nicholas, Rochester (5 B. & Ad. 219 ; 3 N. & M. 21 
 
 — V. St. Pancras (2 Q. B. D. 588 ; 46 L. J. M. €.-243 ; 25 W. R 
 
 37 L. T. 126) 
 
 — V. Sargent (5 T. R. 466) 
 
 — V. Severn (Say. 278) ...... 
 
 — V. Slatter (11 A. 6c E. 505 ; 3 P. & D. 263 ; 4 Jur. 316) 
 
 — '.'. Slythe (6 B. & C. 240 ■,^V).k. R. 226) . 
 
 — V. Smith (I Moody C. C. 402) .... 
 
 — z-. Soutter {(1891) I Q. B. 57) .... 
 
 — '.'. Spalding (Car. & Marsh. 568) .... 
 
 — V. Spratley (6 E. & B. 363 ; 25 L. J. Q. B. 257 ; 2 Jur. N. 
 
 764) 
 
 }. B 
 
 — V. Stacey (i T. R. i) . 
 
 — V. Stroud (I C. & Kir. 187) . 
 
 — V. Sullivan (11 Cox C. C. 44) 
 
 — V. Swyer (10 B. & C. 486) . 
 
 — V. Symmons (4 T. R. 223) . 
 
 PAGE 
 
 344. 350 
 
 • 14 
 
 41, 42 
 
 . 348 
 . 7,63 
 
 . no 
 
 . 40 
 
 • 352 
 
 • 349 
 
 280 
 
 7, 6i 
 
 .78; 
 
 350, 
 I" 
 
 & M. 
 143, 
 
 115 
 
 351 
 
 i, 14 
 
 13 
 
 14 
 
 350 
 
 22; 
 
 • 309 
 349. 351 
 
 • 350 
 226 
 
 55 
 123 
 144 
 
 41 
 
 158, 350 
 
 668; 
 
 . 158 
 349, 350 
 
 • 37 
 827; 
 
 • 37 
 40, 349 
 
 . 112 
 
 • 349 
 
 • 351 
 no, III 
 
 • 349 
 . 251 
 
 735) 
 
 00, Ml, \\S 
 
 • 351 
 
 no 
 226, 227 
 
 • 350 
 
 • 351
 
 XXX 
 
 Table of Cases. 
 
 o. B 
 
 o 
 
 629) 
 
 B. 23S; 
 
 O. B. 12 
 
 O. B. 126 
 
 P. 250) 
 
 Q. B. 267 
 
 7 J"i 
 
 712) 242 
 
 16 W. R. 1039 ; 
 100, 113, 114, 
 
 W. R. 6i 
 
 54, 
 
 8B 
 
 .\; S. 5>S7 
 
 R. V. Taylor (3 Salk. 231) 
 
 — v. Tewkesbury, Mayor of (L. R 
 
 — -J. Thirlwin (9 L. T. 731) . 
 
 — V. Thwaites (i E. & B. 704 ; 22 L. J 
 
 — V. Tizzard (9 B. & C. 418) . 
 • — V. Trevenen (2 B. & A. 339) 
 
 — V. Tugwell (L. R. 3 Q. B. 704 ; 38 L. J 
 
 9 B. & S. 367) . . . . 
 
 — V. Turmine (4 Q. B. D. 79) . 
 
 — V. Wakelin (i B. & Ad. 50) 
 
 — -'. Ward (L. R. 8 Q. B. 210; 42 L. J 
 
 28 L. T. 118) .... 
 
 — V. Warlow (2 M. & S. 75) . 
 
 — V. Waters (i Moody C. C. 457 ; 7 C. & 
 
 — V. Welshpool, Mayor of (35 L. T. 594) 
 
 — 7). Whelan (20 L. R. Ir. 461) 
 
 — 7J. White (L. R. 2 Q. B. 557 ; 36 L. J 
 
 15 W. R.988; 16 L. T. 828) . 
 
 — V. (i Camp. 359 n) 
 
 — v. W^hitwell (5 T. R. 85) . 
 
 — r. Wigan, Mayor, etc. of (14 Q. B. D 
 
 33 W. R. 547 ; 52 L. T. 435 ; 49 J- P- 372) 
 
 — 7'. Winchester, Mayor, etc. of (7 A. & E. 215) 
 
 — V. Windsor, New, Mayor of (7 O. B. 908 ; 13 L. J 
 
 — V. Winterbotham (22 Howell's St. Tr. 823, 875) 
 
 — V. Worcester, Justices of (7 Dowl. 789) . 
 
 — 7'. Wynne (2 M. & S. 346) .... 
 Radnor (i Peck. 494) ..... 
 Railway Sleepers Supply Co., re (29 Ch. D. 204) 
 Rawlins <•'. West Derby, Overseers of (2 M. G. & S. 7 
 Renfrew (2 O'M. & H. 213) . 
 Reynell v. Lewis (15 M. & W. 529) 
 Richards, Ex parte (3 Q. B. D. 368; 47 L. J. Q. B. 498; 26 W. R. 
 
 695 ; 38 L. T. 684) . . . . ■ . 
 
 Richardson v. iMethley School Board ((1S93) 3 Ch. D 
 Roberts v. Brett (34 L. J. C. P. 241 ; 11 H. L. C, 33; 
 
 12 L. T. 286; II Jur. N.S. 377) 
 Rochester (4 O'M. 6fc H. 160) .... 
 Ross, New (2 P. R. & D. 189) 
 Royse v. Birley (L. R. 4 C. P. 296 ; 38 L. J. C. P. 20. 
 
 20 L. T. 786) 
 
 Rye (I P. R. & D. 112) 
 
 908; 54 
 
 PAGE 
 
 35, 61 
 
 82,84 
 . 351 
 
 251 
 14 
 
 551 
 
 2) 
 
 "5 
 151 
 
 351 
 
 350 
 350 
 no 
 
 153 
 
 349 
 
 7,63 
 227 
 349 
 
 J. 
 
 Q. B. 337) 
 
 349. 
 
 148 
 
 350 
 
 45 
 
 226 
 
 309 
 
 351 
 
 81 
 
 185 
 316 
 
 305 
 204 
 
 510) 15,150,151 
 
 13 W 
 
 R. 587 ; 
 123 
 
 17 W. R.827 
 
 349 
 152 
 
 309 
 
 336 
 
 63 
 
 57 
 95 
 
 S. 
 
 St. Andrew's (4 O'M. & H. 32) 
 
 St. Anne's-on-tlic-Sea (25th March, 1S91) 
 
 Salford (i O'M. & H. 32) 
 
 246, 254 
 
 342
 
 Table of Cases. 
 
 XXXI 
 
 Salisbury (3 O'M. & H. 134) . 
 
 Sarum, New (P. & K. 255) .... 
 
 Scottish Petroleum Company, ;y (51 L. J. Ch. 845) 
 
 Seaford (3 Lud. 3) . 
 
 Seymour v. Butterworth (3 F. & F. 372) . 
 
 V. Davitt, Ex parte (15 Cox C. C. 242) 
 
 Shore v. Wilson (9 CI. & F. 524) . 
 
 Shrewsbury (5 Times L. R. 160) 
 
 Shropshire, South (34 W. R. 352) . 
 
 Simpson ;;'. Ready (12 M. & W. 736 ; I D. & L. 1024 
 
 Sligo (W. & D. 225) 
 
 (I O'M. & li. 300) 
 
 , 2nd (I P. R. &D. 211) . 
 
 Smith V. Hall (15 Scott, N.S. 485) . 
 
 V. Seghill, Overseers of (L. R. 10 Q. B. 422 ; 44 L. J 
 
 L. T 
 
 C. P. 422 
 
 43 
 
 W. R. 520 
 
 113 
 
 255 
 79. 82 
 334 
 80 
 
 255 
 
 23 W. R. 745 ; 32 L. T. 859) . 
 Soper V. Basingstoke, Mayor of (2 C. P. D. 440 ; 46 
 
 25 W. R. 693 ; 36 L. T. 468) . 
 Southampton (P. & K. 213 ; C. & R. 100) 
 Southampton (Heyw. Co. 535) 
 
 South Kensington {Times newspaper, 7th April, 1S87) 
 Southwark, 2nd (Cliff. 131, 345) . 
 Spilsbury v. Micklethwaite (i Taunt. 146) 
 Spittall V. Brook (18 Q. B. D. 426 ; 56 L. J. Q. B. 48 
 
 I Fox, 22 ; 56 L. T. 364) 42 
 
 Stafford (21 L. T. 210) 205 
 
 Stananought v. Hazeldine (4 C. P. D. 191, 196) . . . .199 
 
 Stephens, ^x /^r/^ ( Z/w^j newspaper, 2nd February, 18S9) 333, 334, 337 
 Stepney (4 O'M. & H. 179) . . 220, 221, 236, 332, 333, 334, 335, 336 
 
 (4 O'M. & H. 34; 56 L. T. 684; 2 Times L. R. 559) . 199, 216, 
 
 217, 220, 230, 231, 246, 254, 281, 286, 298, 299, 305, 306, 327, 332 
 Stevens t'. Tillett (L. R. 6 C. P. 147 ; 40 L. J. C. P. 58 ; 23 L. T. 622) 
 
 344, 345 
 Stirlingshire (Falc. & F. 538) 
 
 PAGE 
 
 • 223 
 . 252 
 . 204 
 
 • 95 
 . 228 
 . 226 
 . 225 
 
 • 231, 337 
 
 • 331 
 J. Ex. 193) 58 
 
 . 242, 251 
 343 
 97 
 46 
 
 M.C. 114 
 
 Stopes, £a- /rtr/^ ( 7>'w^j newspaper, 5 March, 1S89) . 
 Stowe V. Joliffe (L. R. 9 C. P. 446, 734; 43 L. 
 30 L. T. 299 ; 22 W. R. 946) .... 
 
 Stroud (2 O'M. & H. 108) 
 
 Sudbury IMunicipal Election {Times, 14th May, 1887) . 
 Suffolk, East (5 Times L. R. 170) . 
 
 T. 
 
 246, 247 
 
 333 
 C. P. 173; 
 . 72, 76, 241, 261 
 
 • 343 
 . 336 
 . 231 
 
 T. 
 
 Tamworth (i O'M. & H. 86) 216 
 
 Tanner v. Carter (16 Q. B. D. 231 ; 55 L. J. Q. B. 27 ; 34 W. R. 41) . 42 
 
 Taunton (Falc. & F. 295) 242,247 
 
 Tavistock (2 P. R. & D. 5) 81, 85, 86 
 
 Tennantz/. Bell (9 Q. B. 684) . . . • 309 
 
 Terry & Wharton, re (i Times L. R. 1S3) 331, 334
 
 xxxu 
 
 Table of Cases. 
 
 Thomas, Ex parte (60 L. T. 728 ; 5 Times L. R. 198, 234) 333, 334, 335, 337 
 Thornbury (16 O. B. D. 739; 54 L. T. 651 ; 55 L. J. g. B. 273; 
 
 34 W. R. 609 ; 2 Times L. R. 4S4) • 9°, 169, 178, 243, 245, 246, 247, 
 251, 252, 255, 279, 2S0, 281, 282, 284, 299, 305 
 
 Tipperary (3 O'M. & II. 43. 44) 
 
 Todd V. Robinson (14 Q. B. D. 739). 
 
 Tomkins v. Joliffe (51 J. P. 247) 
 
 Toms V. Cuming (7 M. & G. 88 ; 8 Scott 
 
 14 L. J. C. P. 67 ; 9 Jur. 90) . 
 Towsey v. White (5 B. & C. 125) 
 Trench v. No'an (6 Ir. R. C. L. 464) 
 Trotter v. Trevor (32 L. J. C. P. 51 ; L. R 
 
 I Hop. & C. 109) 
 Tulleyz'. Reed(i C.&P. 6) . 
 
 N. 
 
 4C 
 
 R. 910; I 
 
 P. 502 ; I 
 
 54, 63, 84, 85 
 
 55, 56, 59 
 56,58 
 Lutvv. 200 ; 
 
 . 116 
 56,58 
 . 80 
 9 L. I. 606; 
 
 46 
 
 22-? 
 
 u. 
 
 Unwin v. McMulIen ((1891) i Q. B. 694) 
 
 37, 42, 43 
 
 V. 
 
 Vaiighan v. Hampson (33 L. T. 15) . 
 Vickermann, Ex parte (5 Times L. R. 220) 
 
 . 222 
 • 332 
 
 W. 
 
 Wakefield (B. & Aust. 270) 
 
 Walker, Ex parte (22 Q. B. I). 384 ; 58 L. J. (^ 
 
 37 W. R. 293) 
 
 Walsall (4 O'M. & II. 127) 
 
 W'ard V. Maconochie (7 Times L. R. 536) . 
 
 V. Willesdcn, Overseers of(2C.B. 15; i 
 
 Warrington (19 L. T. 572) 
 
 (I O'M. & H. 42) . 
 
 W^ason V. Walter (L. R. 4 Q- B. 93) • 
 Waterford (2 O'M. & H. i) . 
 Watson V. Cotton (5 C. B. 51 ; 2 Lutvv. 53 ; II J 
 Waygood v. James (L. R. 4 C. P. 361 ; 38 L. J. C 
 
 17 W. R. 824) 
 
 Westbury (i O'M. & 11. 120) . 
 Westbury-on-Severn Union (4 E. & B. 314) 
 Westminster (l O'M. & H. 90). 
 Whiteley '-. Barley (21 Q. B. D. 154) 
 Whithorn v. Thomas (l Lutvv. 125; 7 M. & 
 
 14 L. J. C. P. 38 ; 8 Jur. 1008) . 
 Whitmore v. Wenlock, Town Clerl 
 
 . 79, 81, 84 
 B. 190; 60L.T. 581; 
 
 332> 333, 334> 335- 336, 
 220, 221, 
 40 
 
 85 
 
 OJ 
 
 Lutw 
 
 314) 
 
 255, 
 
 [ur. I106 ; 17 C. P. 68) 
 . P. 195 ; 21 L. T. 202 ; 
 
 316, 
 204, 
 
 G. I ; 8 Scott, 78; 
 
 of 
 
 7 Scott, 489 ; 13 L. J. C. P. 55 ; 7 Jur 
 
 Lutw. 
 1064) 
 
 10; 5 M. & G. 9; 
 
 37 
 332 
 , 41 
 
 39 
 342 
 
 339 
 224 
 
 342 
 
 39 
 
 344 
 211 
 
 317 
 230 
 
 56 
 40
 
 Table of Cases. 
 
 XXXIU 
 
 Wigan (Falc. & F. 695) 
 
 (2 Times L. R. 159) .... 
 
 Wigstown (2 O M. & H. 215) . 281, 2S2, 283, 
 
 Wilkes, ex parte (16 Q. B. U. 114) . 
 Wilson V. Brown (i Times L. R. 412) 
 
 V. Reed (2 F. & F. 149) 
 
 Windsor, New (K. & O. 153) . 
 Wooding V. Oxley (9 C. & P. i) 
 Woodward v. Sarsons (L. R. 10 C. P. 733; 44 
 
 32 L. T. 867) . 245, 24S, 2S0, 281, 2S3, 284, 
 
 292 
 Woolley V. Kay (l H. & N. 307 ; 25 L. J. Ex. 351) 
 Worcester (3 O'.AI. & H. 184) . 
 Wright V. Stockport, Town Clerk of (5 M. & G 
 
 7 Scott 561 ; 13 L. J. C. P. 50; 7 Jm-. 11 12) 
 
 PAGE 
 
 • 74 
 
 333 
 
 286, 289, 291, 292,, 294 
 
 297, 298, 299 
 
 333j 334 
 
 . 225 
 
 86, 205, 228 
 
 39, 255 
 
 222, 223 
 
 L. J. C. P. 293; 
 
 285, 286, 287, 289, 291, 
 
 , 293, 296, 297, 305, 342 
 
 56, 57 
 
 241, 253, 256, 258, 259 
 
 33 ; I l'"t\^'- 32 ; 
 
 39, 44 
 
 Yates V. Leach (L. R. 9 C. P. 605 ; 43 L. J. C. P. 377 ; 3° L- T. 79o). U7
 
 XXXIV ) 
 
 TAB LE 
 
 STATUTES AND RULES CITED, AND SET OUT 
 IN THE APPENDIX. 
 
 Note. — Tlie thick ^^vz/Yj- refer to the pages in the text lohere the statute, section, 
 or rule is set out or considered ; the thin figures to those ivherc it is 
 cited inerclv. 
 
 Statutes. 
 
 9 Anne, c. 25 (c. 20 Ruft".) 
 
 7 & 8 Will. III. c. 27, b. 7 
 
 17 Geo. II. c. 3, s. I 
 
 I Geo. III. c. 23, s. I 
 
 60 Geo. III. & I Geo. IV. c. 8, s. i. 
 
 7 &8Geo. IV. c. 28, s. 13 
 
 9 Geo. IV. c. 32, s. 3 
 
 2& 3 Will. IV. c. 45, s. 36 
 
 s. 58 
 
 s. 68 
 
 4& 5 Will. IV. c. 70, s. 38 
 
 ■ c. 76, s. 38 
 
 — s. 39 
 
 s. 56 
 
 s. 57 
 
 s. 71 
 
 5 e\: 6 Will. IV. c. 50, ss. 5, 46 ... 
 
 c. 69, s. 7 
 
 6& 7 Will. IV. c. 86, s. 17 
 
 7 Will. IV. & I Vict. c. 22, s. 18... 
 
 c. 33, s. 12 
 
 c. 45, s. 2 .... 
 
 5 & 6 Vicl. c. 57, s. 9 
 
 ■ s. 10 
 
 ■ s. II 
 
 ■ s. 12 
 
 Cited. 
 
 348 
 
 74 
 
 44 
 
 94 
 
 226 
 
 53 
 
 53 
 
 76 
 
 252 
 
 219 
 
 6, '8^9, 17, 159' 
 
 3 
 
 45 
 
 45 
 
 45 
 
 66 
 
 6 
 
 Ill 
 
 65 
 
 65 
 
 44 
 
 145 
 
 16 
 
 II, 146 
 
 17 
 
 17 
 
 Appendix 
 
 35: 
 
 353 
 353 
 
 354 
 
 354 
 355 
 
 355 
 
 355 
 355 
 355 
 355
 
 Table of Statutes. 
 
 XXXV 
 
 5 & evict, c. 57, s. 14 
 
 s. 16 
 
 6 & 7 Vict. c. 18, s. 49 
 
 — s. 80 
 
 s. 85 
 
 s. 86 
 
 . — s. 87 
 
 s. 88 
 
 s. 89 
 
 7 & 8 Vict. c. loi, s. 24.... 
 
 10 & II Vict. c. 109 
 
 17 & 18 Vict. c. 102, s. 7 . 
 21 & 22 Vict. c. 90, s. 35 . 
 23 & 24 Vict. c. 32, s. 2.... 
 
 29 & 30 Vict. c. 113, s. 10. 
 
 30 & 31 Vict. c. 6, s. 73.... 
 
 s. 74.... 
 
 s. 79.... 
 
 c. 84, s. 26 . 
 
 c. 106, S. I . 
 
 31 & 32 Vict. c. 122, s. 6 . 
 32&33 Vict. c. 14... 
 ■ 'C. 41, s 
 
 7... 
 
 s. 15 
 
 s. 17 
 s. 19, 
 
 33&34Vict. c. 14, s. 7 
 
 ■ c. 23, s. 2 
 
 c. 75, s. 17 
 
 s. 91 
 
 • sch. IL, pt. I., r. 12 
 
 34&35 Vict. c. 17, s. I 
 
 55 & 36 Vict. c. 
 
 70 
 
 20 
 
 33(B.A.),s. 
 
 s. 9... 
 
 ■ s. 10 
 
 • S. II 
 
 ■ S. 12 
 
 ■s. 13 
 -s. 15 
 
 Cited. 
 
 64 
 
 6 
 
 212 
 
 252 
 
 199, 200, 201 
 166, 167, 257 
 
 166, 257 
 
 257 
 
 258 
 
 Appendix. 
 
 3 
 
 220 
 
 64 
 
 219 
 
 14 
 
 4 
 
 4 
 
 9 
 
 46 
 
 3 
 
 5,9 
 
 235 
 
 43 
 
 43 
 
 43 
 
 42 
 
 45 
 
 47, 77 
 
 46 
 
 73 
 
 150 
 
 315 
 
 3> 4> 9 
 
 235 
 
 177, 181, 243, 244, 
 245, 246, 259, 
 261, 275, 276, 
 279, 282, 306, 
 308,339 
 
 169, 258, 259 
 
 163, 165, 166, 169, 
 197, 198, 199, 
 204, 256, 279 
 
 172, 208, 266 
 
 165, 167, 176, 178, 
 182, 265 
 
 163, 166, 247, 255, 
 256, 257 
 
 164, 165, 166, 198 
 90, 165, 169, 200, 
 
 202 
 
 92, ioo, 104, 107, 
 
 317 
 
 259 
 
 355 
 355 
 
 356 
 356 
 356 
 
 357 
 
 357 
 
 357 
 3_58 
 358 
 
 3^8 
 358 
 
 433 
 433 
 
 434 
 434 
 
 435 
 
 435 
 435 
 
 435 
 
 435 
 
 436
 
 XXXVl 
 
 Table of Statutes. 
 
 173 
 
 173 
 
 240,241 
 
 181, 182 
 
 163, 165, 166, 255 
 
 178 
 
 177, 240 
 
 181,243,244 
 
 244, 245, 246, 247 
 
 163,248 
 
 179, 248, 253, 254 
 
 245, 247 
 
 247, 48, 261, 262, 
 
 275 
 
 259, 261 
 
 202, 203, 307 
 
 274,275, 276 
 
 276 
 
 277, 278, 299 
 
 276 
 
 75, 282, 305, 307, 
 
 308 
 
 307, 308 
 
 312 
 
 312 
 
 312 
 
 312 
 
 312 
 
 312 
 
 312 
 
 162 
 
 167, 168 
 
 167 
 
 164, 165, 166, 247, 
 
 256, 257 
 
 202, 275, 276, 307 
 
 202 
 
 . r. 54 I 90, 162, 165, 166, 
 
 167, 197, 198, 
 276, 277 
 
 248, 261, 276, 277, 
 307 
 
 315 
 
 r. 55 
 
 r. 56 
 
 sell. II i 90, 176, 178, 181, 
 
 197, 198, 238, 244, 
 
 36 & 37 Vict. c. 66, s. 47 
 
 37 & 38 Vict. c. 88, ss. 7, 8 
 
 38 & 39 Vict. c. 13, ss. I, 2 
 
 i -. c. 55 (P-H.A.), s. 4 
 
 249, 250 . 
 
 150 
 
 Ill 
 
 315 
 
 3- 17 
 
 436 
 436 
 436 
 436 
 437 
 437 
 437 
 437 
 437 
 437 
 437 
 437 
 438 
 43S 
 
 438 
 438 
 439 
 439 
 439 
 439 
 439 
 
 439 
 440 
 440 
 440 
 440 
 440 
 440 
 441 
 
 441 
 441 
 441 
 441 
 
 441 
 441 
 441 
 441 
 
 441 
 441 
 
 442 
 
 559 
 
 559
 
 Table of Statutes. 
 
 xxxvu 
 
 Statutes. 
 
 58 & 39 Vict. c. 55 (r.II.A.), s. 6 
 
 s. 7 
 
 s. 9 
 
 -5.144 
 
 s. 192 
 
 s. 193 
 
 ss. 271, 272 ... 
 
 • sell. I., pt. I., r. I 
 
 . r. 2 
 
 . r. 4 
 
 • r. 5 
 
 -. ■ r. 6 
 
 r. 7 
 
 r. 8 
 
 r. 9 
 
 . . ■ r. 10 
 
 r. II 
 
 r. 12 
 
 r. 13 
 
 • sch. II., r. 64 
 
 • • r. 71 
 
 39 & 40 Vict. c. 36, s. 9 
 
 c. 61, s. 12 
 
 c. 79, s. 10 
 
 .41 & 42 Vict. c. 16, s. 67 
 
 c. 26, s. 14 
 
 c. 33> s. 30 
 
 42 & 43 Vict. c. 10, s. 2 
 
 c. 49, s. 20 
 
 s. 33 
 
 s. 51 
 
 c. 59 
 
 43 & 44 Vict. c. 9, s. I 
 
 44 & 45 Vict. c. 58, s. 146 
 
 s. 181 
 
 ■ c. 68, s. 14 
 
 45 & 46 Vict. c. 48, s. 7 
 
 c. 50 (M.C.A.), s. 9 
 
 sub. 2 
 
 sub. 3 
 
 s. 10 
 
 ■ s. II, sub. I ... 
 
 ■ sub. 2 ... 
 
 _ ■ subs. 3, 4 
 
 s. 12, sub. I ... 
 
 sub. 2 ... 
 
 s. 15, sub. I ... 
 
 . sub. 3 ... 
 
 s. 17, sub. I ... 
 
 s. 18, sub. I ... 
 
 s. 22, sub. 3 ... 
 
 s. 25, sub. I ... 
 
 . sub. 2 ... 
 
 Cited. 
 
 25 
 
 17, 18 
 
 65 
 
 14 
 
 55,58 
 
 24 
 
 149, 153, 158 
 
 6, 17, 28, 149, 153 
 158 
 
 6,25 
 
 7 
 
 7, 149, 153, 158 •• 
 
 7 
 
 155 
 
 149, 153 
 
 6,25 
 
 21 
 
 55, 59 
 
 67 
 
 64 
 
 4, 9, 10 
 
 46 
 
 64 
 
 42 
 
 64 
 
 44 
 
 141 
 
 150 
 
 141 
 
 94 
 
 118, 124, 258 
 
 49 
 
 49 
 
 344 
 
 64 
 
 34, 53 
 
 36,42,45, 74 ..-■ 
 36,45, 72, 76 .... 
 
 33, 35, 61, 197.... 
 33,34 
 
 14, 33, 47, 48, 51- 
 
 49 
 
 25 
 
 7 
 
 13, 14, 35 
 
 35 
 
 60 
 
 48 
 
 35 
 
 Appendix. 
 
 360 
 361 
 361 
 
 361 
 
 361 
 361 
 361 
 361 
 361 
 361 
 
 361 
 361 
 362 
 362 
 362 
 362 
 
 562 
 
 ;62 
 
 562 
 
 363 
 363 
 
 363 
 363 
 363 
 364 
 364 
 364 
 364 
 364 
 364 
 364
 
 XXXVlll 
 
 Table of Statutes. 
 
 Statutes. 
 
 45 & 46 Vict. c. 50 (M.C.A.), s. 31 
 
 _ s. 32, sub. 1 
 
 sub. 2 
 
 . s. 33, sub. I 
 
 . ~ sub. 2 
 
 . sub. 3 
 
 _ sub. 4 
 
 s. 34, sub. I 
 
 — sub. 2 
 
 ■ sub. 3 
 
 . ■ sub. 4 
 
 sub. 5 
 
 sub. 6 
 
 Cited. 
 
 Appendix. 
 
 38.. 
 42 
 
 42 
 
 38, 43 
 38 ... 
 
 — s. 35 
 
 — s. 36, sub. I ... 
 
 sub. 2 ... 
 
 sub. 3 ... 
 
 — s. 37 
 
 — s. 39, sub. I ... 
 
 ■ sub. 2 ... 
 
 sub. 3 ... 
 
 sub. 4 ... 
 
 — s. 40, suV). I ... 
 
 sub. 2 ... 
 
 sub. 3 ... 
 
 — s. 41, sub. I ... 
 
 — s. 45, sub. 8 ... 
 
 — s. 51, sub. I ... 
 
 — s. 58, sub. I ... 
 
 — s. 63 
 
 — s. 66, sub. I ... 
 
 sub. 3 ... 
 
 sub. 4 ... 
 
 — s. 73 
 
 s. 74 
 
 — s. 75 
 
 — s. 77 
 
 — s. 81 
 
 — s. 85 
 
 — s. 86 
 
 s. 87, sub. I ... 
 
 sub. 2 ... 
 
 s. 88, sub. I ... 
 
 sub. 2 ... 
 
 ■ sub. 3 ... 
 
 sub. 4 ... 
 
 s. 89, sub. I ... 
 
 sub. 2 ... 
 
 sub. 3 ... 
 
 ■ subs. 4-7 
 
 s. 90 
 
 s. 91, subs. 1-4 
 
 s. 92, sub. I ... 
 
 subs. 2-4 
 
 43 
 
 46 
 
 50, 64, 141, 145 ... 
 
 141 
 
 49, 50, 61, 64, 144 
 
 141, 148 
 
 64, 141,144 
 
 65, 117, 130, 136, 
 
 144 
 
 142, 143, 144 
 
 14, 148 
 
 149 
 
 50 
 
 8, 20, 26, 51 
 
 49 
 
 151 
 
 49 
 
 149, 157. 
 
 158 
 
 145 .. ... 
 143, 144. 
 
 36 
 
 34,35.... 
 182 
 
 40 
 
 143, 158 
 
 158 
 
 159 
 
 341,349 
 
 117, 130, 136 
 
 90 
 
 211 . 
 322. 
 
 147, 339, 350 
 350 
 
 339 
 
 147,34b: 
 
 341 
 341 
 
 343 
 
 444 
 444 
 445 
 445 
 445 
 
 445 
 445 
 457 
 457 
 
 445 
 365 
 365 
 365 
 365 
 445 
 446 
 446 
 445 
 365 
 
 446 
 446 
 446 
 365 
 444 
 444 
 365 
 366 
 366 
 366 
 366 
 366 
 366 
 366 
 366 
 366 
 367 
 367 
 367 
 367 
 367 
 367 
 367 
 367
 
 Table of Statutes. 
 
 XXXIX 
 
 Statutes. 
 
 45 & 46 Vict. c. 50 (M.C.A.), s. 92, subs. 5, 6 
 
 s. 93, sub. I ... 
 
 • sub. 2 ... , 
 
 sub. 3 ... : 
 
 • sub. 4 ... 
 
 ■ sub. 5 ... 
 
 •■ sub. 6 ... 
 
 sub. 7 ... 
 
 sub. 8 ... 
 
 • sub. 9 ... 
 
 subs. 10-12 
 
 ■ sub. 13 ... 
 
 s. 94, sub. I ... 
 
 sub. 2 ... 
 
 subs. 3, 4 
 
 sub. 9 ... 
 
 ^ • s. 95, sub. I ... 
 
 ■ sub. 2 ... 
 
 sub. 3 ... 
 
 sub. 4 ... 
 
 ■ subs. 5, 6 
 
 sub. 7 ... 
 
 sub. 8 ... 
 
 . s. 96, sub. I ... 
 
 ■ ■ sub. 2 ... 
 
 sub. 4 ... 
 
 — • s. 97, sub. I ... 
 
 sub. 2 ... 
 
 • s. 98, sub. I ... 
 
 ■ ■ sub. 2 ... 
 
 ■ sub. 3 ... 
 
 ■ s. 99, subs. I, 2 
 
 ■ subs. 3, 4 
 
 ■ s. 100, subs. 1--6 
 
 s. loi, subs. 1-3 
 
 •• ■ s. 102 
 
 s. 103 
 
 s. 104 
 
 • s. 124, subs. 1-5 
 
 sub. 6 ... 
 
 s. 159, sub. 2... 
 
 ■ s. 163, sub. 6 ... 
 
 s. 171, sub. I ... 
 
 s. 225, sub. I ... 
 
 • sub. 2 ... 
 
 sub. 3 ... 
 
 • sub. 4 ... 
 
 ■ • subs. 5-8 
 
 • s. 230, sub. I ... 
 
 sub. 2 ... 
 
 s. 231 
 
 — '■ • s. 239, sub. I ... 
 
 • s. 241 
 
 ■ s. 257, sub. 3 ... 
 
 Cited. 
 
 343 
 
 344. 
 
 345 
 
 345. 
 
 342 
 
 344. 
 
 157, 344 
 
 342 
 
 342 
 
 343. 
 346 ; 
 
 347' 
 
 346. 
 346. 
 
 347. 
 346' 
 
 347. 
 348. 
 
 155, 344 
 157, 344 
 
 49 . 
 
 35---- 
 35--- 
 35 ■■•• 
 348. 
 
 351 
 351 
 351 
 
 316 . 
 316 . 
 42.... 
 143 
 
 35--. 
 37-- 
 
 Appendix. 
 
 368 
 
 368 
 
 368 
 
 368 
 
 368 
 
 368 
 
 368 
 
 368 
 
 368 
 
 368 
 
 369 
 
 369 
 
 369 
 
 369 
 
 369 
 
 369 
 
 369 
 
 369 
 
 369 
 
 369 
 
 369 
 
 370 
 
 370 
 
 370 
 
 370 
 
 370 
 
 370 
 
 370 
 
 370 
 
 370 
 
 370 
 
 370 
 
 370 
 
 371 
 
 371 
 
 371 
 
 372 
 
 372 
 
 372 
 
 372 
 
 376 
 
 373 
 373 
 373 
 373 
 373 
 
 445
 
 xl 
 
 Table of Statutes, 
 
 Statutes 
 
 Cited. 
 
 Appendix. 
 
 4^ & 46 Vict. c. 50 (M.C.A.), sch.III.,pt.II.,r.6 96 
 
 1 -. ■ ■ r.14 339 ■■• 
 
 5.8 5 
 
 s. 21 46 
 
 60, 73 
 60,73 
 74 ... 
 
 58, 
 
 c. 75, 
 
 46 & 47 Vict. c. 51 (C.I.P.r.A.),s. 4 ... .. 
 , s. 6, sub. 
 
 — s. 10 
 
 — s. 20 i 207, 208 
 
 s. 48 
 
 s. 54, sub. 2.. 
 s. 56, sub. I., j 
 s. 59, sub. I.. I 
 
 sub. 2.. 
 
 sub. 3.. 1 
 
 subs. 4-5 
 
 60. 
 
 235 
 229 
 
 343 
 
 343 
 
 345 
 
 . s. 64 1 60, 73, 74> 206, 220, 
 
 525 
 
 c. 52, s. 20 
 s. 23 
 
 54- 
 54. 
 
 s. 32 54^ 55 
 
 S.35 
 
 47 & 48 Vict. c. 61, s. 15 
 
 Z _c. 7o(M.E.C.I.P.A.), s. 2, sub. i 
 
 sub. 2 
 
 — s. 3, sub. I 
 
 ^- sub. 2 
 
 s. 4, sub. I 
 
 sub. 2 
 — sub. 3 
 
 s. 6, sub. I 
 
 sub. 
 sub. 
 
 54- 
 
 34S 
 
 60, IQ9, 320, 321 ... 
 
 73 
 
 60, 73 
 
 61 
 
 208,209.230,233, 
 
 231.325 
 
 209, 230, 233, 325 
 
 230,325 
 
 201, 236, 307, 324, 
 
 325 
 
 328 
 
 325,326 
 
 — s. 7 74, 324 
 
 — s. 8, sub. I 1 
 
 sub. 2 
 
 s. 10, sub. I 
 
 sub. 2 
 
 sub. 3 
 
 sub. 4 
 
 s. II 
 
 s. 12, sub. I 
 sub. 2 
 
 s. 13, sub. 
 
 sub. 
 
 sub. 
 
 196, 208, 209, 223, 
 229, 230, 233, 324, 
 325,326,331,339, 
 345 
 
 326 
 
 232, 233, 234, 325, 
 327 
 
 232, 233; ■234; ■327 
 
 235,327 
 
 235 
 
 3^6 
 
 220, 221, 327 
 
 220,327 
 
 196, 199, 202, 204, 
 209, 211, 223, 230, 
 236, 327 
 
 196 
 
 73.197,199,201,204 
 
 373 
 
 373 
 374 
 
 374 
 
 374 
 374 
 374 
 
 374 
 375 
 
 375 
 
 376 
 376 
 376 
 376 
 
 377 
 377 
 
 377 
 
 377 
 377 
 377 
 377 
 377 
 
 377 
 378 
 
 378 
 378 
 378 
 378 
 378 
 378 
 378 
 
 378 
 379 
 379
 
 Tabic of Statutes. 
 
 xli 
 
 Statutes 
 
 47 & 48 Vict. c. 70 (M. E.G. I. P. A.), s. 14 . 
 
 s. 15 
 
 s. 16, sub. I 
 
 sub. 2 
 
 s. 17, sub. I 
 sub. 2 
 
 — s. 18 
 
 s. 19 
 
 — s. 20 
 
 S. 22 
 
 s. 23 
 
 s. 24, subs. 1-9 
 
 s. 25, sub. I 
 
 sub. 2 
 
 subs. 3, 4 
 
 s. 26, sub. I 
 
 subs. 2, 3 
 
 sub. 4 
 
 sub. 5 
 
 sub. 6 
 
 sub. 7 
 
 sub. 8 
 
 ■ s. 27 
 
 s. 28, sub. I 
 
 sub. 2 
 
 sub. 3 
 
 •subs. 4, 5 
 
 subs. 6-9 
 
 s. 29, sub. I 
 
 sub. 2 
 
 sub. 3 
 
 ^s. 31 
 
 • s. 32, subs. I, 2 
 
 s. 33 
 
 s. 36 
 
 sub. 2 
 
 s. 37 
 
 s. 38 
 
 sch. III., pt. I. 
 
 . pt. II. 
 
 48 lK: 49 Vict. c. 3, ss. 10, 12 
 
 c. 9, s. 2 
 
 c. 46, s. 2 
 
 s- 4 
 
 ^- 53> s. 4 
 
 Cited. 
 
 85, 100, 149, 176, 
 186, 229, 230, 
 309, 312, 326, 327> 
 328 
 
 206, 207, 208, 218, 
 
 327 
 
 206 
 
 204, 223, 324, 326... 
 196, 208, 220, 223, 
 
 230, 233, 326 
 
 324, 32« 
 
 345, 346 
 
 201, 229, 326, 327, 
 
 330, 331, 332, 
 
 336, 345 
 
 324, 326, 337 
 
 339. 
 340 
 
 346 
 
 347 
 
 346, 347 
 
 346 
 343 
 344 
 344 
 344 
 
 347. 
 348. 
 
 Appendix. 
 
 229, 330, 343, 345- 
 
 74, 196, 206, 208, 
 
 233. 324, 325 
 
 61, 73, 74 
 
 195 
 
 211 
 
 320, 321 
 
 40 ... 
 
 46, 76 
 
 379 
 379 
 
 379 
 379 
 379 
 
 379 
 379 
 380 
 
 380 
 380 
 
 3S0 
 
 381 
 
 382 
 
 382 
 
 382 
 
 382 
 
 382 
 
 382 
 
 382 
 
 382 
 
 383 
 
 383 
 
 383 
 
 383 
 
 383 
 
 383 
 
 383 
 
 384 
 
 384 
 
 385 
 
 3S5 
 
 385 
 
 385 
 
 385 
 
 386 
 
 386 
 386 
 387 
 387 
 
 388 
 390 
 
 391 
 391 
 
 59-
 
 Xlll 
 
 Table of Statutes. 
 
 Statutes. 
 
 Cited. 
 
 Appendix. 
 
 50& 51 Vict. C. 9, S. I 
 
 S. 2 
 
 C. 55, s. 25 
 
 51 & 52 Vict. c. 10, s. I 
 
 s. 2 
 
 s. 7 
 
 ■ c. 41 {L.G.A., 1888), s. 2, sub. I 
 
 tub. 2 
 
 ■ subs. 3-5 
 
 • s. 57, vub. I 
 
 . Sul3_ 2 
 
 • sub. 3 
 
 sub. 4 
 
 ■ subs. 5-6 
 
 ■ ^ sub. 7 
 
 ■ ■ s. 75 
 
 s. 100 
 
 c. 64, s. 4 
 
 52 & 53 Vict. c. 41, s. 19 
 
 c. 63, S. I 
 
 s. 3 
 
 s. 5 
 
 — s. 16 
 
 s. 17 
 
 s. 20 
 
 s^- 25 
 
 ■ ■ c. 69, S. I 
 
 S. 2 
 
 s. 7 
 
 c. 72, S. II 
 
 53 & 54 Vict. c. 21, s. 8 
 
 ■ ■ c. 71, s. 9 
 
 54 & 55 Vict. c. 63, s. 5 
 
 ■ • c. 76, s. 80 
 
 6 & 57 Vict, c, 6 
 
 c. 68, s. 23 
 
 c. 73 (L.G.A.), s. 2, sub. I 
 
 s. 3, sub. 8 
 
 s. 4, sub. I 
 
 s. 17, sub. I 
 
 sub. 6 .... 
 
 s. 20, sub. I 
 
 sub. 2 
 
 sub. 3 
 
 sub. 4 
 
 ■ sub. 5 
 
 sub. 6 
 
 sub. 7 
 
 — — ■ s. 21, sub. I 
 
 ■ — — ■ sub. 2 
 
 ■ sub. 3 
 
 ■ s. 22 
 
 ■ ■ s. 23, sub. I 
 
 76, 182 
 
 240,246,261 
 
 94 
 
 48 
 
 43. 46, 72, 74, 76 ... 
 
 69 
 
 73, 74 
 
 48, 50, 60, 61 
 
 24,25;27";;:;:;:::::: 
 
 24, 25, 27 
 
 24 
 
 24 
 
 60, 61, 73, 74, 76 ... 
 
 2, 24, 32, 33 
 
 227 
 
 42 
 
 32 
 
 32, 53, 59, 143, 151, 
 
 i5« 
 
 3 
 
 32 
 
 69 
 
 91 
 
 42 
 
 61, 73 
 
 61, 73 
 
 61, 73 
 
 64:::::::::::;:::::::::::: 
 
 54 
 
 66 
 
 46 
 
 76 
 
 46 
 
 68 
 
 7,25 
 
 172 
 
 14 
 
 14 
 
 8,13 
 
 31> 32, 33 
 
 8,71 
 
 71,245 
 
 8,21 
 
 11, 12, 22 
 
 6, 8, 10, 20, 25, 26, 
 
 141 ■• 
 
 3,25 
 
 17,20 
 
 20^26 '!;.;;;;;;■;;;;! 
 
 67 
 
 392 
 
 392 
 
 393 
 393 
 393 
 394 
 394 
 394 
 394 
 394 
 395 
 395 
 395 
 
 396 
 396 
 396 
 397 
 397 
 
 597 
 39S 
 
 398 
 398 
 398 
 398 
 
 399 
 399 
 399 
 399 
 399 
 399
 
 Tabic of Statutes. 
 
 xliii 
 
 Statutes. 
 
 56 & 57 Vict. C. 73 (L.G.A.) 
 
 s. 23, sub. 2 
 
 • sub. 3 
 
 sub. 4 
 
 sub. 5 
 
 sub. 6 
 
 s. 24, sub. I 
 
 sub. 2 
 
 sub. 3 
 
 sub. 4 
 
 sub. 5 
 
 sub. 
 
 sub. 7 
 
 ■s. 25 
 
 -s. 30 
 
 ■S.35 
 
 - s. 36, sub. I 
 
 sub. 4 
 
 -s. 43 
 
 - s. 44, sub. I 
 
 sub. 2 
 
 sub. 3 
 
 sub. 4 
 
 sub. 5 
 
 sub. 6 
 
 — ■ ■ sub. 7 
 
 sub. 8 
 
 suljs. 9-10 
 
 - s. 46, sub. I 
 
 ■ sub. 2 
 
 sub. 4 
 
 sub. 5 
 
 sub. 6 
 
 sub. 7 
 
 sub. 8 
 
 sub. 9 
 
 - s. 47, sub. 2 
 
 - s. 48, sub. 2 
 
 sub. 3 
 
 Cited. 
 
 sub. 4. 
 
 sub. 5. 
 
 sub. 6. 
 
 • sub. 7. 
 
 s- 51 
 
 s. 55, sub. I. 
 
 sub. 2. 
 
 sub. 3, 
 
 25, 66 
 
 26,71 
 
 71,245 
 
 27 
 
 27,28 
 
 19,21, 71 
 
 21 
 
 20, 23 
 
 20,21, 22,65, 71, 245 
 18 
 
 18 
 
 20 
 
 13, 17 
 
 13 
 
 19 
 
 70 
 
 68, 70, 72, 76, 77, 
 
 236, 240, 241 ... 
 
 71^171 "'^^i;"^^'^;^^ 
 
 70 
 
 70 
 
 68 
 
 68''''';"'!!!^^^'^!'^!'.' 
 
 48, 52, 54, 59, 67... 
 48, 49, 59, 66, 67... 
 
 54, 67 
 
 65 
 
 150, 152 
 
 147, 150, 151, 153 
 147, 149 
 
 51:::::::::;::;;:::... . 
 
 70, 71, 109, 115, 116, 
 183, 241 
 
 60,61,73,74,85,89, 
 109, 147, 155, 161, 
 172,183, 194, 195, 
 204, 208, 218, 232, 
 238, 264, 266, 320, 
 324, 329,339 
 
 8, 20, 22, 26, 89, 
 141, 146, 156, 159 
 
 15 
 
 174, 177 
 
 94, 165, 168, 178, 
 314 
 
 154 
 
 9 
 
 26; ■25::::::::;::::;';;: 
 
 Appendix. 
 
 399 
 399 
 399 
 399 
 399 
 399 
 400 
 400 
 400 
 400 
 400 
 400 
 
 400 
 400 
 400 
 401 
 401 
 
 401 
 401 
 401 
 401 
 401 
 402 
 402 
 402 
 402 
 402 
 402 
 403 
 403 
 403 
 403 
 403 
 403 
 403 
 
 403 
 
 404 
 
 404 
 404 
 404 
 
 404 
 405 
 405 
 405 
 405
 
 xHv 
 
 Table of Statutes. 
 
 Cited. 
 
 20 
 
 20 
 
 6, 17, 20, 21, 25, 28, 
 
 149, 153, 155. 158 
 
 8, 20, 21, 26 
 
 23 
 
 4, 5, 9, 10, 19, 22... 
 
 12 
 
 4, 5, 9, 10, 12, 22 
 4 
 
 143, 276, 315, 317 
 24, 182, 339, 341 ... 
 
 2, 4> 32, 33. 52, 53> 
 68, 70, 174 
 
 10.22 
 
 12,27 
 
 12.23 
 
 12,23 
 
 28 
 
 28 
 
 8, 13, 23, 28 
 20 
 
 15, 16. 
 
 II, 22, 27 .... 
 
 71, 172 
 
 8, 24, 71, 171. 
 
 13 
 
 8,9 
 
 76 
 
 341 
 342 
 342 
 
 341 
 341 
 341 
 
 341 
 
 341 
 
 343 
 346 
 
 Appendix. 
 
 405 
 405 
 
 405 
 405 
 405 
 405 
 405 
 405 
 406 
 406 
 406 
 406 
 
 406 
 407 
 407 
 407 
 407 
 407 
 407 
 408 
 408 
 408 
 408 
 408 
 408 
 408 
 40S 
 409 
 409 
 
 409 
 
 410 
 411 
 411 
 411 
 411 
 411 
 412 
 412 
 412 
 412 
 412 
 
 413 
 414 
 
 415 
 415 
 416 
 416 
 416 
 
 417 
 418 
 
 41S
 
 Tabic of Statutes. 
 
 xlv 
 
 Statutes. 
 
 Cited. 
 
 Crown Office Rules, i8S6 (C.O.R.), r. 46 
 
 rr. 49, 51 
 
 r. 52 
 
 1^- 53 
 
 • r- 54 
 
 r- 55 
 
 r. 56 
 
 rr. 57, 58 
 
 • 1-59 
 
 rr. S3, 90, 94 
 
 . . r. 134 ... 
 
 r. 140 ... 
 
 r. 300 ... 
 
 Guardians (Outside London) Election Order, 
 
 1894 (G.O.) 
 
 r. I, par. i ... 
 
 . par. 2 ... 
 
 par. 3 ... 
 
 par. 4 ... 
 
 r. 2, par. i ... 
 
 ■ par. 2 ... 
 
 r. 4, par. I ... 
 ■ par. 2 ... 
 
 par. 3 ... 
 
 par. 4 ... 
 
 par. 5 ... 
 
 >■■ 5 
 
 r. 6 
 
 r. 7, par. I ... 
 
 par. 2 ... 
 
 par. 3 ... 
 
 par. 4 . . . 
 
 ■r. 8 
 
 •r. 9 
 
 r. 10, par. i... 
 
 par. 2 ... 
 
 par. 3 ... 
 
 par. 4 ... 
 
 • r. II, par. i... 
 par. 2... 
 
 - r. 12, par. I... 
 
 par. 2... 
 
 - r. 13, par. i... 
 par. 2.., 
 
 - r. 14, par. I . 
 
 par. 2.. 
 
 - r. 15, par. I.. 
 
 - r. 16, par. i.. 
 
 par. 2.. 
 
 par. 3.. 
 
 -1-. 17 
 
 -r. 18 
 
 34S, 352 
 
 351 
 
 351 
 
 351 
 
 351. 352 
 
 352 
 
 352 
 
 352 
 
 352 
 
 89 
 
 90 
 
 91, 93, 94 
 
 95, 340 
 
 95, 184 
 
 94, 97, 100 
 
 109 
 
 109, no, III, II 
 
 113, 114, 115... 
 115 
 
 115, 116 
 
 116, 119 
 
 96, 109 
 
 95. 97, 117, 119 
 
 118 
 
 119,121 
 
 121 
 
 122 
 
 123 
 
 124 
 
 125 
 
 126, 128 
 
 127 
 
 126 
 
 185 
 
 184, 165 
 
 183 
 
 183 
 
 92, 125 
 
 124 
 
 170 
 
 71, 241 
 
 172, 173 
 
 163, 184, 317 .. 
 
 186 
 
 186,189 
 
 161, 162 
 
 174, 178 
 
 Appendix. 
 
 419 
 419 
 419 
 419 
 419 
 419 
 419 
 419 
 420 
 420 
 420 
 420 
 
 421 
 423 
 423 
 423 
 423 
 423 
 423 
 423 
 424 
 
 424 
 424 
 
 424 
 424 
 
 424 
 424 
 424 
 42s 
 425 
 425 
 42s 
 425 
 42s 
 425 
 425 
 426 
 426 
 426 
 426 
 426. 
 426 
 426 
 426 
 427 
 427 
 427 
 427 
 427 
 42S 
 428
 
 xlvi 
 
 Tabic of Statutes. 
 
 Statutes. 
 
 Guardians (Outside London) Election Order, 
 
 1S94 (G.O.), r. 19 
 
 r. 20, par. I... 
 
 ■ par. 2... 
 
 par. I. 
 par. 2. 
 par. 3. 
 
 r. 22 . 
 r. 23, 
 
 par. 
 
 • par, 
 
 r. 24, par, 
 par 
 
 r. 25, par 
 
 par, 
 
 par, 
 
 r. 26, par 
 
 r. 27 
 
 par. 
 par. 
 
 par. 
 par. 
 par. 
 par. 
 
 — par. 6... 
 
 — par. 7... 
 
 — par. 8... 
 
 r. 20 
 r. 29. 
 
 r. 30. 
 r. 31, par. I. 
 par. 2. 
 
 par. 
 
 I... 
 
 par. 
 
 2... 
 
 par. 
 
 3 ■•■ 
 
 par. 3. 
 par. I. 
 par. 2. 
 par. 3. 
 
 ■• 33 ■ 
 '• 34- 
 ■•35' 
 r. 36. 
 
 Urban District 
 
 Cited. 
 
 200, 201, 317 
 
 250, 252 
 
 252 
 
 264 
 
 264 
 
 265, 274, 276 
 
 76, 306 
 
 309 
 
 309, 311 
 
 127 
 
 128 
 
 89, 161, 169, 183, 
 
 195. 23S, 264 
 
 177,277 
 
 179 
 
 8, 50, 51, 61, 64, 65, 
 
 109, 141, 156, 339 
 
 344 
 
 61, 116, 141, 195, 
 
 320, 323, 329, 339 
 340 
 
 Appendix. 
 
 196 
 
 343 
 
 196, 208 
 
 Councillors Election Order, 
 1894 (U.O.) 
 
 r. I, par. I ... 
 
 par. 2 ... 
 
 par. 3 ... 
 
 par. 4 ... 
 
 8, 11,13 
 
 312 
 
 313 
 
 313 
 
 3 
 
 q, 90, 184, 314 
 71,241 
 
 314 
 
 ■^, QO, 184, 314 
 
 250 
 
 314 
 
 100, 128 
 
 117 
 
 100, 115, 186, 
 3 
 
 par. 5 
 
 - r. 2, par. I 
 
 par. 2 
 
 89 
 
 89 
 
 89 
 
 90 
 
 91,93,94 
 
 104, 340 
 
 104, 1S4 
 
 104, 105, 107 
 
 428 
 428 
 428 
 428 
 428 
 429 
 429 
 429 
 429 
 429 
 429 
 
 429 
 429 
 429 
 
 429 
 430 
 
 430 
 430 
 430 
 430 
 430 
 430 
 430 
 430 
 430 
 431 
 431 
 431 
 431 
 431 
 431 
 431 
 431 
 431 
 431 
 431 
 432 
 432 
 432 
 432 
 
 446 
 
 447 
 447 
 447 
 447 
 448 
 448 
 448 
 448
 
 Table of Statutes. 
 
 xlvu 
 
 Statutes. 
 
 Urban District Councillors Election Order, 
 
 1894 (U.O.), T. 4, par. I 
 par. 2 
 
 par. 3 
 
 par. 4 
 par. 5 
 
 par. I 
 par. 2 
 par. 3 
 par. 4 
 
 -r. S 
 
 -r- 9 
 
 — r. 10, par. 
 
 par. 
 
 par. 
 
 par. 
 
 — r. II, par. 
 par. 
 
 — r. 12, par. 
 
 par. 
 
 par. 
 
 — r. 13, par. 
 
 par. 
 
 -r. 14 .... 
 
 — r. 15, par. 
 par. 
 
 par. 
 
 16 
 
 r. 18 
 
 r. 19, par. .1 
 
 par. 2 
 
 r. 20, par. I 
 
 par. 2 
 
 par. 3 
 
 r. 22, par. i 
 
 — par. 2 
 
 r. 23, par. I 
 
 par. 2 
 
 r. 24, par. i 
 
 par. 2 
 
 par. 3 
 
 r. 25, par. I 
 
 par. 2 
 
 r. 26, par. I 
 
 par. 2 
 par. 3 
 
 par. 4 
 par. 5 
 
 Cited. 
 
 Appendix. 
 
 136 
 
 136 
 
 136 
 
 136 
 
 136 
 
 105 
 
 136 
 
 136 
 
 137 
 
 137 
 
 137 
 
 137 
 
 138 
 
 138 
 
 138, 139 
 
 138 
 
 138 
 
 18S 
 
 185 
 
 184 
 
 184 
 
 89, 92 
 
 171 
 
 71,241 
 
 172,173 
 
 184,317 
 
 189 
 
 186, 189 
 
 161, 162, 163 
 
 174, 178 
 
 I 200,201,317 
 
 ! 250,252 
 
 252 
 
 264 
 
 265 
 
 265,274.276 
 
 76, 306 
 
 310 
 
 309,311 
 
 138 
 
 139 
 
 89, 161, 169, 183, 
 
 195, 238,^264 
 
 177,278 
 
 179 
 
 26, 141, 156, 339 ... 
 
 344 
 
 141, 195, 320, 324, 
 
 329, 339 
 
 343 
 
 196 
 340 
 
 448 
 448 
 448 
 448 
 448 
 449 
 449 
 449 
 449 
 449 
 449 
 449 
 449 
 450 
 450 
 
 450 
 450 
 450 
 450 
 450 
 450 
 450 
 450 
 451 
 451 
 451 
 452 
 452 
 452 
 452 
 452 
 452 
 452 
 452 
 
 453 
 453 
 453 
 453 
 453 
 453 
 453 
 
 453 
 453 
 453 
 454 
 454 
 
 454 
 454 
 454 
 454 
 454
 
 xlviii 
 
 Table of Statutes. 
 
 Urban District Councillors Election Order, 
 1894 (U.O.), r. 26, par. 6... 
 
 . , ■ par. 7... 
 
 r. 27 
 
 , r. 28, par. I... 
 
 par. 2... 
 
 par. 3... 
 
 '•• 30 
 
 ■ r. 31 
 
 r. 32 
 
 ■ ■ r. 33 
 
 Rural District Councillors Election Order, 1894 
 
 (R.O.) 
 
 r. I, par. i ... 
 
 . par. 2 ... 
 
 . par. 3 ... 
 
 par. 4 ... 
 
 par. 5 .. 
 
 r. 2, par. i ... 
 
 . par. 2 ... 
 
 r. 3, par. i ... 
 
 par. 2 ... 
 
 ■ par. 3 ... 
 
 ._, r. 4, par. i ... 
 
 . par. 2 ... 
 
 par. 3 ... 
 
 par. 5 ... 
 
 r-S 
 
 . r. 6 
 
 r. 7, par. i ... 
 
 • par. 2 ... 
 
 par. 3 ... 
 
 par. 4 ... 
 
 r. 8 
 
 — r. 9, par. I ... 
 
 par. 2 ... 
 
 r. 10 
 
 r. II, par. I... 
 
 . par. 2... 
 
 par. 3,.. 
 
 r. 12, par. i... 
 
 par. 2... 
 
 r. 13, par. I... 
 
 jar. 2... 
 
 r. 14 
 
 r. 15, par. i... 
 
 par. 2... 
 
 par. 3... 
 
 . . r. 16 
 
 !•• 17 
 
 r. 18 
 
 Cited. 
 
 196, 208 
 
 3,' 24,' 27,' 28 ::::::: 
 
 313 
 
 313 
 
 25, 90, 184, 314 ■••■ 
 71, 241 
 
 314 
 
 107 
 
 107, 136, 186, 312. 
 
 89 
 
 90 
 
 91,93,94 
 
 91 
 
 101, 340 
 
 101, 184 
 
 101 
 
 104 
 
 lOI 
 
 129 
 
 129, 130 
 
 129 
 
 130 
 
 130 
 
 loi, 129 
 
 130 
 
 130 
 
 130 
 
 130 
 
 1 30 
 
 130, 131 
 
 131 
 
 131,132 
 
 131 
 
 133, 135 
 
 133 
 
 133 
 
 185 
 
 184. 185 
 
 170 
 
 71,241 
 
 172, 173 
 
 184,317 
 
 190 
 
 190 
 
 161, 162, 163 ... 
 
 174, 178 
 
 200, 201, S17 ...
 
 I'nhle of Statutes. 
 
 xHx 
 
 Statutes. 
 
 Rural District Councillor's Election Order, 
 1894 (R.O.) r. 19, par. i... 
 
 par. 2... 
 
 r. 20, par. i... 
 
 par. 2... 
 
 par. 3... 
 
 r. 21 
 
 ■ ■ r. 22, par. I... 
 
 par. 2... 
 
 r. 23, par. i... 
 
 par. 2... 
 
 _ par. 3... 
 
 r. 24, par. i . 
 
 par. 2. 
 
 par. 3. 
 
 r. 25, par. I. 
 
 par. 2. 
 
 r. 26, par. i . 
 
 ])ar. 
 
 par. 
 
 par. 
 
 par. 
 
 par. 
 
 — par. 
 
 par. 
 
 r. 27, par. 
 
 4 
 5- 
 6. 
 
 7- 
 
 8. 
 
 I. 
 
 par. 2. 
 
 r. 28, par. I . 
 
 par. 2... 
 
 par. 3... 
 
 r. 29 
 
 r. 30, par. i... 
 par. 2... 
 
 par, 3... 
 
 r. 31, par. I... 
 
 par. 2... 
 
 par. 3... 
 
 r. 32. 
 1-- 33 • 
 !•• 34 ■ 
 »■• 35 
 
 Parish Councillors Election Order, 1894 (P.O ) 
 
 r 7, par. 2 ... 
 
 ■ r. 16 
 
 — r. 20, par. i... 
 
 ■ par. 2... 
 
 • par. 3 . . . 
 
 ■ r. 21, par. I... 
 
 r. 22 
 
 ■ r. 25, pars, i, 2 
 
 par. 3... 
 
 r. 26 
 
 r. 30, par. I... 
 
 Cited. 
 
 250, 252 
 
 252 
 
 265 
 
 265 
 
 265, 274, 276 ... 
 76, 306 
 
 173. 311 
 
 309,311 
 
 134 
 
 134 
 
 134 
 
 89, 161, 169, 183, 
 
 195. 238, 264 
 
 177,278 
 
 179 
 
 20, 141, 156, 339 .. 
 
 344 
 
 141, 195, 320, 323, 
 
 329, 339 
 
 340 
 
 196 
 
 343 
 219. 
 
 22,23 
 
 21 
 
 312, 313 
 
 313 
 
 3)3 
 
 17 
 
 19, 90, 184, 314. 
 
 71 
 
 314 
 
 19, 90. 134, 314 
 
 241, 250 
 
 314 
 
 104, 129, 186, 312. 
 
 122 
 
 316 
 
 184 
 
 184, 185 
 
 170 
 
 173 
 
 190 
 
 163 
 26s 
 
 Appendix. 
 
 463 
 
 464 
 464 
 464 
 464 
 464 
 464 
 464 
 464 
 
 465 
 465 
 
 465 
 465 
 465 
 465 
 
 465 
 
 466 
 466 
 466 
 466 
 466 
 466 
 466 
 466 
 466 
 466 
 466 
 466 
 467 
 467 
 467 
 467 
 467 
 467 
 467 
 467 
 467 
 467 
 468 
 468 
 470 
 
 470 
 470 
 470 
 470 
 470 
 471 
 471 
 471 
 471 
 
 d
 
 Table of Statutes. 
 
 Statutes. 
 
 Parish Councillor's Election Order, 1894 (P.O.) 
 
 r. 30, par. 2 
 par. 3 
 
 34, par. I 
 
 par. 2 
 
 par. 3 
 
 38, par. 2 
 
 39 
 
 40, par. I
 
 PART I. 
 THE AUTHORITY AND ITS MEMBERS. 
 
 CHAPTER I. 
 CONSTITUTION OF THE AUTHORITY. 
 
 Chap. I. 
 
 A.-BOARDS OF GUARDIANS. 
 
 Establishment of Boards 
 
 OF Guardians . . 2 
 
 Definitions ... 2 
 
 Unions . , . . 3 
 
 Single parishes . . 3 
 
 Metropolitan tinions and 
 
 parishes ... 4 
 Districts under local Acts 4 
 Parish Wards ... 4 
 Division by Local Govern- 
 ment Board . . 4 
 By county council . 4 
 Alteration of wards . 5 
 United parishes . • . 5 
 By order of Local Govern- 
 ment Board . . 5 
 Of county council . . 5 
 Constitution, Incorpora- 
 TiON and Style . . 6 
 Natne .... 6 
 Qjiorum .... 6 
 Chairman .... 6 
 Election of chairman . . 6 
 Should 7iot preside at his own 
 
 election .... 7 
 Death, reiignation, or in- 
 capacity .... 7 
 Re-eligibility ... 8 
 Vice-Chairman ... 8 
 Appointment ... 8 
 Guardians ... 8 
 Elected by parochial electors . ' 8 
 Abolition of ex-officio and 
 nominated s:uardians . 8 
 
 Guardians — continued. 
 
 JVuinber .... 9 
 In united parishes . . 9 
 
 In parish wards . , 9 
 
 In divided parishes . . 10 
 
 In default of order or 
 division of parish . .10 
 
 Outside guardians . .10 
 
 Date of entry into ofice . ir 
 Term of office . , .11 
 
 Retirement . . .11 
 
 By thirds . . .11 
 
 Rotation of retirement . 12 
 Retiring year in trien- 
 nial period . .12 
 Simultancjus retirement , 1 2 
 Byorder of county council 12 
 Of present guardians . 13 
 Guardians in county borough 13 
 Incompatible Offices . 13 
 Definition . . -13 
 Acceptance of. second office 
 
 vacates first office . .13 
 
 Instances of incompatible 
 offices . . . .14 
 
 Difficulty as to Election 14 
 Individual guardian . -14 
 
 Notice to persons interested 1 5 
 First elections . . -15 
 
 Failure to Elect . . 16 
 In particular parish . .16 
 
 In election of full number . 16 
 Validity of acts of incomplete 
 board . . . ' 17 
 
 B
 
 Constitittion of the AutJiority. 
 
 Chap. I. 
 
 B.— RURAL DISTRICT COUNCILS. 
 
 Establishment of Rural 
 
 District Councils 
 
 Definitions 
 
 Districts with less than five 
 
 elective gicardians . 
 District coiiricil acting 
 
 parish council . 
 Parish wards 
 United parishes . 
 Constitution, Incorpora 
 tion, and Style . 
 Name 
 Quorum . 
 Chairman . 
 Election 
 
 Jitstice of the peace 
 First meeting and first chair 
 
 17 
 
 17 
 
 17 
 
 19 
 19 
 19 
 
 19 
 20 
 20 
 20 
 20 
 20 
 
 Vice-Chairman . 
 Appointment 
 
 Councillors 
 
 Elected by parochial electors . 
 
 Number .... 
 
 In parish wards or tinited 
 
 parishes 
 In divided parishes . 
 Date ofi entry into ofifice 
 
 Term of office 
 Riiircment 
 
 Of existing rural sanitary 
 authority 
 Functions as guardians 
 
 Difficulty as to Election 
 Failure to elect , 
 
 21 
 21 
 
 21 
 
 22 
 22 
 
 23 
 23 
 
 2^ 
 
 C— URBAN DISTRICT COUNCILS. 
 
 Establish- 
 ment of 
 I>oards of 
 Guardians. 
 
 Definitions. 
 
 Establishment of Urban 
 District Councils 
 Definitions 
 
 Existing wban districts 
 Conversion of existing and 
 
 formation of neiv districts 
 Division into wards 
 Constitution, Incorpora 
 tion, and Style . 
 Name 
 Quor^im 
 Chairman . 
 
 Election of chairman . 
 First meeting and first chair 
 ma7i , . ? 
 
 24 
 24 
 24 
 
 24 
 24 
 
 25 
 25 
 25 
 25 
 25 
 
 26 
 
 Vice-Chairman . 
 Appointment 
 
 Councillors 
 
 Elected by parochial electors 
 
 Number 
 Date of entry into office 
 
 Term of office 
 Retiremoit 
 
 By thirds 
 
 Simultaneous retirement 
 
 Of present urbatt authori 
 ties . . . , 
 
 26 
 
 26 
 
 26 
 26 
 
 27 
 27 
 27 
 27 
 27 
 
 28 
 
 28 
 
 Difficulty as to Election 2S 
 
 A. — Boards of Guardians. 
 
 Guardians are elected for parishes in urban districts 
 only ; rural district councillors, who also act as guardians, 
 being elected for parishes in rural districts {see post, p. 17). 
 The expression " guardians," when used in the L.G.A., 
 means guardians elected under the Poor Law Amend- 
 ment Act, 1834 (4 & 5 Will. IV. c. y6), and the Acts 
 amending the same, and includes guardians or other 
 bodies of persons performing under any local Act the 
 like functions to guardians under the Poor Law Amend- 
 ment Act, 1834 (L.G.A. 188.8, s. too; L.G.A. s. 75, 
 sub-s. 2). A "parish" means a place for which a 
 separate poor rate is or can be made, or for which a
 
 Boards of Guardians. 3 
 
 separate overseer is or can be appointed (52 & 53 Vict. Chap. I. 
 
 c. 61, s. 5), and thus any place, whether called parish, 
 
 extra-parochial place, or township, for which a separate 
 poor rate is or can be made, or a separate overseer is 
 or can be appointed, is a parish. If the parish is situate 
 in more than one county, it shall, for the purposes of 
 the G.O., be deemed to be wholly situate in the county 
 which, according to the census of 1891, contains the 
 larger part of its population (G.O. r. 30). An "urban 
 district " (formerly called " urban sanitary district ") 
 is the district of an " urban district council " (formerly 
 called an " urban sanitary authority "), and is of three 
 kinds, viz. (i) municipal borough ; (2) improvement act 
 district, which is an area subject to the jurisdiction of 
 commissioners, trustees, or other persons invested by 
 a local Act, with powers of town government and rating, 
 and having no part thereof situate within a borough or 
 local government district ; and (3) local government 
 district, which is an area subject to the jurisdiction of a 
 local board, and having no part thereof situate within 
 a borough, and not coincident in area with a borough 
 or improvement act district (P.H.A. ss. 6, 4 ; L.G.A. 
 s. 21, sub. i). Improvement Act district and local 
 government district are now obsolete expressions and 
 areas, both having now become urban districts (see 
 L.G.A. s. 21, sub. i). An "urban parish" in the G.O. 
 means a parish which will be situated in one or more 
 urban districts on the appointed day on which the urban 
 district councillors first elected under the L.G.A. came 
 into office (G.O. r. 36), i.e., which will be so situated on 
 the 31st of December, 1894 (U.O. r. 27). 
 
 Unions of parishes, governed by boards of guardians. Unions. 
 have been formed by order of the Poor Law Commis- 
 sioners (4 & 5 Will. IV. c. 70, s. 38), subsequently by 
 order of the Poor Law Board (10 & 11 Vict. c. 109 ; 
 
 30 & 31 Vict. c. 106, s. i), then by order of the Local 
 Government Board (34 & 35 Vict. c. 70), by whose order 
 they may still be formed, 
 
 A board of guardians may be elected for any single Single 
 parish, and may act in like manner as a board ofP"'^'^^'* 
 guardians for a union, if it has been so ordered by the 
 Poor Law Commissioners (see 4 & 5 Will. IV. c. 'jG, s. 39), 
 or by the Poor Law Board (10 & 11 Vict. c. 109 ; 30 & 
 
 31 Vict. c. 106, s. i), or has been, or shall be, so ordered 
 by the Local Government Board (34 & 35 Vict. c. 70). 
 
 B 2
 
 Constitution of the AntJiority, 
 
 Chap. I. 
 
 Metropolitan 
 unions and 
 parishes. 
 
 Districts 
 under local 
 Acts. 
 
 Parish 
 Wards, 
 
 Division 
 by Local 
 Government 
 Board. 
 
 By county 
 council. 
 
 The relief of the poor of every union or parish in the 
 metropoHs gov^erned by a local Act shall, from and after 
 a day to be stated in an order of the Poor Law Board 
 (now the Local Government Board) in relation to each 
 union or parish, be, notwithstanding anything in such 
 local Act, administered by a board of guardians elected 
 according to the poor law Acts, and in conformity with 
 an order of the Poor Law Board (now the Local Govern- 
 ment Board (30 & 31 Vict. c. 6, s. 73 ; 34 & 35 Vict. 
 c. 70). Guardians so constituted, notwithstanding any- 
 thing in any local Act, shall have the same powers and 
 authorities, and shall be subject to the same orders, 
 regulations, and restrictions as guardians elected under 
 the poor law Acts (30 & 31 Vict. c. 6, s. 74). 
 
 (4.) Where under any local and personal Act guardians 
 of a poor law union are elected for districts, whether 
 called by that name or not, the provisions of the L.G.A. 
 with respect to the election of guardians shall apply as 
 if each of the districts were a parish (L.G.A. s. 60, 
 sub. 4). 
 
 The expression " local and personal Act " includes a 
 provisional order confirmed by an Act, and the Act 
 confirming the order {ib. s. 75, sub. 2.) 
 
 The Local Government Board may, by their order, 
 divide any parish into wards for the election of guardians, 
 and determine the number of guardians to be elected 
 for every such ward, having due regard to the value of 
 the rateable property therein ; and each such ward shall 
 for the purposes of such election be deemed to be a 
 separate parish except so far as the said board may 
 otherwise order (39 & 40 Vict. c. 61, s. 12), 
 
 For the purposes of fixing or altering the number of 
 guardians to be elected for each parish within their 
 county, the county council may, from time to time, 
 exercise powers of dividing parishes into wards, similar 
 to those which by the Acts relating to the relief of the 
 poor are, for the purpose of the election of guardians, 
 vested in the Local Government Board (L.G.A. s. 60, 
 sub. i) ; provided that where the union is situate in more 
 than one county, this power shall be exercised by a joint 
 committee of the councils of the counties concerned, and 
 any order thereunder, if objected to within six weeks by 
 any of such councils, shall be of no effect until confirmed 
 by the Local Government Board {ib. sub. 3). 
 
 If a parish is divided into wards for the election of
 
 Boards of Guardians. 5 
 
 guardians, the rules of the G.O. shall apply to each of Chap. t. 
 such wards as if it were a parish (G.O. r. 31, par. i). 
 
 Any wards already formed, or hereafter to be formed, Alteration of 
 by the Local Government Board under the Public ^^^"^^s. 
 Health Act, 1872, or the Public Health Act, 1875, for 
 the election of guardians of the poor, and the number 
 of guardians to be elected for such wards respectively, 
 may be altered from time to time by that board as they 
 may think fit (45 & 46 Vict. c. 58 s. 8). 
 
 The Local Government Board may, by order, add United 
 any parish in a union, the population of which parish parishes. 
 according to the last census shall not exceed three 
 hundred, the annual rateable value whereof shall not 
 exceed the average rateable value of the parishes in the 
 same union according to the valuation lists in force for 
 the time being, to sotne adjoining parish in the same 
 union for the purpose of the election of guardians 
 (31 & 32. Vict, c. 122, s. 6) ; and may thus save the 
 necessity of the election of a separate guardian for a 
 parish whose population or circumstances are insufficient 
 to warrant such an election. It will be observed that 
 the parishes thus added to each other must be " adjoin- 
 ing " parishes, and that the power is limited to adding 
 one parish to another parish, and does not extend to 
 combining three or more parishes. " Adjoining " parishes 
 are parishes which are contiguous to one another, which 
 lie next to one another so as to have nothing between 
 them (Lathom's Webster's Diet). 
 
 P'or the purpose of fixing or altering the number of By order of 
 guardians to be elected for each parish within their ^°JJJJ[.^j 
 county, the county council may, from time to time, exer- 
 cise powers of adding parishes to each other similar to 
 those which by the Acts relating to the relief of the poor 
 are, for the purpose of election of guardians, vested in 
 the Local Goverment Board (L.G.A. s. 60, sub. i) ; pro- 
 vided that where the union is situate in more than one 
 county, this power shall be exercised by a joint com- 
 mittee of the councils of the counties concerned, and 
 any order made thereunder, if objected to within six 
 weeks by any of such councils, shall be of no effect until 
 confirmed by the Local Government Board {ib. sub. 3). 
 
 If a parish is united with any other parish for the 
 election of guardians, the rules of the G.O. shall, subject 
 as therein mentioned, apply to such parishes as if such 
 parishes formed the parish (G.O. r. 32, par. i).
 
 CoNStitntion of the Authority. 
 
 Chap, I. 
 
 Constitu- 
 tion, Incor- 
 poration, 
 AND Style. 
 
 Name. 
 
 Quorum. 
 
 Chairman. 
 
 Election of 
 chairman. 
 
 A board of guardians consists of a chairman, a vice- 
 chairman if the guardians think fit, of guardians elected 
 by the parochial electors, and of not more than two 
 other persons elected by the board from outside their 
 own body. All of these persons are members of the 
 board (see L.G.A. s. 20, sub. 7). 
 
 A board of guardians is a body corporate (5 & 6 
 Will. IV. c. 69, s. 7), and its name and style is " The 
 Guardians of the Poor of the Union {o?- of the 
 
 Parish of ), in the County of " {ib. ; 5 & 6 
 
 Vict. c. 57, s. 16). 
 
 No business shall be transacted at any meeting of a 
 board of guardians unless at least one third of the full 
 number of members be present thereat, subject to this 
 qualification that in no case shall a larger quorum than 
 seven members be required (P.H.A. sch. I. part I. r. 2 ; 
 L.G.A. s. 59, sub. I ; thus repealing 4 & 5 Will. IV. c. 76, 
 s. 38, as to a quorum). The filling up of vacancies 
 is " business " within the meaning of this rule, which 
 cannot be transacted by a less number of members than 
 a quorum {NewJiavcn Local Board v. Nezvhaven School 
 Board, 30 Ch. D. 350). 
 
 The board of guardians shall from time to time at 
 their annual meeting elect a person to be chairman for 
 one year at all meetings at which he is present (L.G.A. 
 s. 59, sub. I ; P.H.A. sch. I. part I. r. 3), and the annual 
 meeting shall be held as soon as may be convenient 
 after the 15th of April in each year {ib. r. 11). The 
 chairman may be elected from among the guardians 
 (P.H.A. sch. I. part I. r. 3), or from outside the guardians 
 (L.G.A. s. 20, sub. 7 ; s. 59, sub. i), in the latter case he 
 must be a person qualified to be a guardian of the union 
 (as to which, see post, p. 31). A woman, whether married 
 or single, is therefore eligible as chairman. If elected 
 from outside the guardians, the chairman becomes an 
 additional guardian and member of the board {ib. s. 20, 
 sub. 7), and thus increases the number of the board by one. 
 
 The election of a chairman is obligatory on the board 
 (see P.H.A., sch. I. pt. I. r. 3). The names of the 
 guardians present, as well as of those voting on each 
 question, shall be recorded, so as to show whether each 
 vote given was for or against the question {ib. r. 6), and 
 thus the election of chairman is not by ballot or secret 
 voting. Every question at a meeting shall be decided 
 by a majority of votes of the guardians present and
 
 Boards of Guardians. 7 
 
 voting on that question {ib. r. 7), and in case of an equal Ciiai-. T. 
 division of votes, the cliairman shall have a second or 
 casting vote {ib. r. 8). 
 
 No man can be a judge in his own cause (see A', v. Should not 
 Morton, 1892, i O. B. 39; R. v. White, L. R. 2 Q. B. PJ^^^ide^^^.h^s 
 557; K. V. Oivens, 2 E. & E. 86), and therefore j^q °^^ " ^ ^'^ ^*^"- 
 chairman should preside at his own election. If an out- 
 going chairman, or the person occupying the chair, be 
 proposed for election as chairman, he may remain until 
 the vice-chairman has taken the chair, or until some 
 other person has been appointed by the meeting to take 
 the chair, and may vote thereon, but should then imme- 
 diately vacate the chair, and leave the room until his 
 election has been completed. 
 
 If the chairman dies, or resigns (see post, p. 146), or Death, 
 becomes incapable of acting, another member shall be resignation, or 
 appointed for the period during which the person so ^^'^^P^'^ity. 
 dying, resigning, or becoming incapable would have been 
 entitled to continue in office, and no longer (P.H.A, 
 sell. I. pt. 1. r. 4). " Incapable of acting" here means 
 incapacity by illness, or absence during the period for 
 ■which otherwise the chairman would have been " entitled 
 to continue in office," and not incapacity from want of 
 qualification. This provision is a disqualifying provision, 
 and its effect is to deprive the chairman of his office of 
 chairman if he becomes thus incapable of acting, just as 
 much as if he dies or resigns. If his incapacity to act is 
 by reason of temporary illness or absence, not extending 
 for the period during which he would otherwise be 
 entitled to continue in office, another chairman need not 
 be appointed under this provision if there be a vice- 
 chairman or if a vice-chairman be thereupon appointed, 
 as the latter possesses the powers of the chairman and 
 can act in his place or stead (see post, p. 8). This 
 substituted chairman may be elected from among the 
 members of the board, or from outside the guardians, as 
 in the case of the original chairman (see ante, p. 6), but 
 he holds office so long only as the original chairman 
 would have been entitled to continue in office. There is 
 no provision that if the chairman ceases to be qualified, 
 or becomes disqualified {cp. L.G.A. s. 3, sub. 8), his office 
 of chairman shall be vacated ; nor that he shall continue 
 in office until his successor has been elected (ib), or has 
 accepted office and made and subscribed the required 
 declaration {cp. M.C.A. s. 15, sub. 3).
 
 CoustitJition of the Authority. 
 
 Chap. I. 
 
 Re-eligi- 
 bility. 
 
 Vice- 
 chairman. 
 
 Appointment 
 
 Guardians. 
 
 Elected by 
 
 parochial 
 
 electors. 
 
 Abolition of 
 ex officio and 
 nominated 
 guardians. 
 
 A retiring chairman is, unless disqualified to hold the 
 office, re-eligible (L.G.A. s. 48, sub. 4 ; G.O. r. 26, par. i ; 
 M.C.A. s. ZJ). 
 
 Any board of guardians may, if they think fit, appoint 
 a vice-chairman to hold office during the term of office 
 of the chairman, and the vice-chairman shall, in the 
 absence or during the inability of the chairman, have the 
 powers and authority of the chairman (L.G.A. s. 59, 
 sub. 2). Such vice-chairman may be appointed from 
 among the guardians (see ib), or from outside the 
 guardians ; in the latter case, he must be a person 
 qualified to be a guardian of the union, and, if appointed 
 from outside the guardians, he becomes an additional 
 guardian and member of the board (//;. s. 20, sub. 7), and 
 thus increases its number by one. His appointment is 
 only to be made if the board " think fit," and he there- 
 fore need not be appointed at all, or may be appointed 
 at any time that the guardians think fit. He holds 
 office during the term of office of the chairman, and his 
 office does not terminate with the death or resignation 
 of the chairman. 
 
 The guardians shall be elected by the parochial 
 electors of the parish, and, if the parish is divided into 
 wards for the election of guardians, the electors of the 
 guardians for each ward shall be such of the parochial 
 electors as are registered in respect of qualifications- 
 within the ward (L.G.A. s. 20, sub. 3, andsee/c-j-/, p. 70). 
 The election shall, subject to the provisions of the L.G.A., 
 be conducted according to rules framed under the L.G.A. 
 by the Local Government Board {ib. sub. 5), i.e. accord- 
 ing to the rules contained in the G.O. 
 
 As from the appointed day there shall be no ex 
 officio or nominated guardians (L.G.A. s. 20, sub. i). 
 The " appointed day " here means the day on which 
 the board of guardians, first elected under the L.G.A., 
 come into office {ib. s. 84, sub. 4 {b) ; and see s. 79, sub. 8, 
 post, p. II), viz., Friday, the 28th of December, 1894 
 (G.O. r. 28), and ex officio and nominated guardians are 
 thus abolished as from that day. 
 
 Ex officio guardians were justices of the peace re- 
 siding in any parish, and acting for the county, riding, or 
 division in which the -parish was situate (4 & 5 Will. IV. 
 c. yG, s. 38 ; J ^Z Vict. c. loi, s. 24 ; the former repealed 
 so far as relates to ex officio guardians, and the latter 
 wholly repealed by L.G.A. s. 89). Nominated guardians
 
 Boards of Guardiatis. 9 
 
 were justices of the peace, or resident ratepayers nomi- Chap. t. 
 nated to act in the metropoHs by the Local Government 
 Board (30 & 31 Vict. c. 6, s. 79, repealed by L.G.A. 
 s. 89). 
 
 The Poor Law Commissioners (now the Local Govern- Number. 
 ment Board) shall, by their order constituting the union, 
 determine the number of the guardians to be elected in 
 each union, and the number which shall be elected for 
 any one or more of the parishes in the union, having due 
 regard to the circumstances of each parish ; provided 
 that one or more guardians shall be elected for each 
 parish included in such union (4 & 5 Will. IV. c. "jG, s. 38 ; 
 34 & 35 Vict. c. 70). 
 
 The county council may, also, from time to time, by l" united 
 order, fix or alter the number of guardians to be elected P^"shes. 
 for each parish within their county, and for the purposes 
 of the election of guardians may add any parish in a 
 union, the population of which does not exceed 300, and 
 the aggregate rateable value of which does not exceed 
 the average rateable value of the parishes in the same 
 union, to some adjoining parish in the union (see L.G.A. 
 s. 60, sub. I ; 31 & 32 Vict. c. 122, s. 6). An urban 
 parish may thus be added to another urban parish in the 
 union for the purpose of the election of guardians ; but 
 an urban parish cannot be added to a rural parish as the 
 power is limited to the purposes of the elections, and 
 guardians are elected for urban parishes only, and not 
 for rural parishes. 
 
 Where the union is situate in more than one county, 
 the above power shall be exercised by a joint committee 
 of the councils of the counties concerned, in default of 
 appointment of members by any county council, then by 
 the members actually appointed, and any order objected 
 to within six weeks by any of such councils shall be of 
 no effect until confirmed by the Local Government 
 Board (L.G.A. s. 60, sub. 3). 
 
 Where a parish is united with another parish by an 
 order in pursuance of the L.G.A., each new parish shall 
 bear such name as the order directs (L.G.A. s. 55, 
 sub. i). 
 
 Where a parish is divided into wards, the Local in parish 
 Government Board may by order determine the number wards. 
 of guardians to be elected by such ward, and may from 
 time to time alter such number as they may think fit 
 (39 & 40 Vict. c. 61, s. 12). The county council may
 
 10 
 
 Constitution of the AntJiority. 
 
 Chap. I. 
 
 In divided 
 parishes. 
 
 In default of 
 order or divi- 
 sion of parish 
 
 Outside 
 guardians. 
 
 also from time to time, by order, fix or alter the number 
 of guardians to be elected for each parish within their 
 county, and for those purposes may divide any parish 
 into wards, and every such ward shall, for the purposes 
 of such election be deemed to be a separate parish, 
 except so far as the council may otherwise order (L.G.A, 
 s. 60, sub. I ; 39 & 40 Vict. c. 61, s. 12). 
 
 Where the union is situate in more than one county, 
 the above power shall be exercised by a joint committee 
 of the councils of the counties concerned, in default of 
 appointment of members by any county council, then by 
 the members actually appointed, and any order objected 
 to within six weeks by any of such councils shall be of 
 no effect until confirmed by the Local Government 
 Board (L.G.A. s. 60, sub. 3). 
 
 An order dividing a parish into wards is not subject 
 to the provisions of L.G.A. 1888, s. 57, and therefore 
 does not require confirmation by the Local Government 
 Board. 
 
 Where a parish is divided by the L.G.A. into two or 
 more new parishes, then, subject to any order made by 
 the county council, there shall be one guardian for each 
 of such new parishes (L.G.A. s. 79, sub. 2). 
 
 As to when a parish is divided by the L.G.A. into two 
 or more new parishes, see Duties of County Councils, 
 pp. 13, 21. The powers of the county council to fix and 
 alter the number of guardians is contained not only in 
 the above provision, but also in L.G.A. s. 60, sub. i 
 (see ante, p. 9). 
 
 Subject to any order made under any of the above 
 provisions, and to any division of a parish by the L.G.A., 
 the number of guardians to be elected for any parish or 
 area will remain the same as before the L.G.A. 
 
 A board of guardians may elect not more than two 
 persons in addition to the chairman and vice-chairman 
 (see ante, pp. 6, 8) from outside their own body, but from 
 persons qualified to be guardians of the union, and any 
 person so elected shall be an additional guardian and 
 member of the board : provided that on the first election, 
 if a sufficient number of persons who have been ex officio 
 or nominated guardians of the union, and have actually 
 served as such, are willing to serve, the additional mem- 
 bers shall be elected from among those persons (L.G.A. 
 s. 20, sub. 7). 
 
 It will be observed that this provision is permissive,
 
 Boards of Guardians. II 
 
 not obligatory, and that these two other persons are Chap. T. 
 elected by the board, and not by the parochial electors ; 
 also, that if elected, they add two to the number of the 
 board. At the first election, these two persons, if elected, 
 must be sought for among the ex officio or nominated 
 guardians who have actually served as guardians, and 
 are willing to continue to serve ; but at subsequent elec- 
 tions, no such preference need be given to former ex officio 
 or nominated guardians. In any case, these additional 
 persons must be persons qualified to be guardians of the 
 union (as to which, see post, p. 31). 
 
 The first guardians elected under the L.G.A. come Date of entry 
 into office on Friday, the 2Sth of December, 1894 (G.O. into office. 
 r. 28 ; and see L.G.A. s. 84, sub. 2) ; subsequently elected 
 guardians come into office on the 15th of April, on which 
 day guardians go out of office, and their places are filled 
 by newly elected guardians (id. s. 20, sub. 6). It is sub- 
 mitted that the exact time when the out-going guardians 
 go out of office is the first moment of the ordinary day 
 of coming into office of the newly elected guardians, i.e. 
 one moment after midnight of the previous day ; and 
 that they cannot act or vote, or take part in any meeting 
 held on the ordinary day of coming into office of their 
 successors {r/. R. v. Maddy, 11 A. & E. %Z6). 
 
 The term of office of a guardian shall be three years Term of office. 
 (L.G.A. s. 20, sub. 6), but he may tender his resignation 
 at any time, and the Local Government Board may 
 accept such resignation for any cause which they may 
 deem reasonable (5 & 6 Vict. c. 57, s. 11 ; and see post, 
 p. 146). These three years are calculated from the 15th 
 of April, the ordinary day of coming into office of 
 guardians (see s7/pra), and therefore end on the 14th of 
 April in the year in which the guardian retires. 
 
 Guardians may retire by thirds on the 15th of April Retirement, 
 in each year, or simultaneously on the same date in 
 every third year. 
 
 The leading intention of the L.G.A. is that they shall By thirds, 
 retire by thirds, and when they so retire, one-third, as 
 nearly as may be, shall go out of office on the 15 th of 
 April in each year (L.G.A. s. 20, sub. 6). 
 
 Of the guardians first elected under the L.G.A., save 
 as hereinafter mentioned, one-third as nearly as may be 
 shall continue in office until the 15th of April, 1896, and 
 shall then retire ; and one-third as nearly as may be 
 shall continue in office until the 15th of April, 1897, and
 
 12 
 
 ConstiUition of the AiitJiority. 
 
 Chap. I. 
 
 Rotation of 
 retirement. 
 
 Retiring year 
 in triennial 
 period. 
 
 Simultaneous 
 retirement. 
 
 By order of 
 
 county 
 
 council. 
 
 shall then retire ; and the remainder shall continue in 
 office until the 15th of April, 1898, and shall then retire 
 {L.G.A. s. 79, sub. 3). 
 
 The guardians to retire on the 15th of April, 1896, 
 and on1:he 15th of April, 1897, shall be the guardians 
 for such parishes, wards, or other areas, as may be 
 determined by the county council for the purpose of the 
 rotation (L.G.A. s. 79, sub. 4). 
 
 The council of each county may, for the purpose of 
 regulating the retirement of guardians, in cases where 
 they retire by thirds, and in order that as nearly as may 
 be one-third of the persons elected as guardians for the 
 union shall retire in each year, direct in which year or 
 years of each triennial period the guardians for each 
 parish, ward, or other area in the union shall retire 
 (L.G.A. s. 60, sub. 2). Where a poor law union is situate 
 in more than one county, this power shall be exercised 
 by a joint committee of the councils of the counties 
 concerned, and any order made thereunder, if objected 
 to within six weeks by any of such councils, shall be of 
 no effect until confirmed by the Local Government 
 Board {ib. sub. 3). 
 
 Where at the passing of the L.G.A. (5th of March, 
 1894), the whole of the guardians of any union, in 
 pursuance of an order of the Local Government Board, 
 retire together at the end of every third year, they shall 
 continue so to retire, unless the county council, or a 
 joint committee of the county councils, on the application 
 of the board of guardians or of any district council of a 
 district wholly or partially within the union, otherwise 
 direct (L.G.A. s. 20, sub. 6 {b). 
 
 Where guardians retire together at the end of the 
 triennial period, the guardians first elected under the 
 L.G.A. shall retire on the 15th of April, 1898 (L.G.A. 
 s. 79, sub. 5). 
 
 Where the county council on the application of the 
 board of guardians of any union in their county consider 
 that it would be expedient to provide for the simul- 
 taneous retirement of the whole of the board of guardians 
 for the union, they may direct that the members of the 
 board of guardians for that union shall retire together on 
 the 15th of April in every third year, and such order 
 shall have full effect, and where a union is in more than 
 one county, an order may be made by a joint committee 
 of the councils of those counties (L.G.A. s. 20, sub. 6 {a).
 
 \ 
 
 Beards of Guardians. 13 
 
 Upon the day on which the first guardians elected Chap. I. 
 under the L.G.A. come into office {i.e. on Friday, the ^^^^^^^^^ ^f 
 28th of December, 1894, G.O. r. 28) the persons who present 
 are then members of boards of guardians, shall cease to guardians. 
 hold office, but until that day the persons who are at the 
 passing of the L.G.A. guardians, shall continue in office, 
 notwithstanding any want of qualification, as if the term 
 of office for which they were elected expired on that 
 day, and, except for the purpose of filling casual 
 vacancies or electing additional guardians, no further 
 elections shall be held (L.G.A. s. 79, sub. 8). And for 
 the purposes of audit the present guardians are to be 
 deemed to continue in office until the audit is completed 
 {ib. s. 85, sub. 2). 
 
 The provisions of part IL of the L.G.A. respecting Guardians in 
 guardians (viz. ss. 20, 25) shall apply to the administra- county 
 tive county of London, and to every county borough °™"§ ^• 
 (L.G.A. s. 30). 
 
 Offices are compatible or incompatible. Compatible Incompati- 
 offices are those which can be held in the same corpora- ^^^ Offices. 
 tion by one and the same person at the same time. Definition. 
 Incompatible offices are those which cannot be so held ; 
 .and it is a rule that the acceptance of the second incom- Acceptance of 
 patible office vacates the first, if the latter be an office second office 
 of which the holder can divest himself by his own act ^'^^^^^ ^''^ 
 and without the concurrence of another authority, inas- 
 much as such acceptance operates as an implied sur- 
 render or resignation of the first office {Mihvard v. 
 Thatcher, 2 T. R. 81 ; 7?. v. Pateman, 2 T. R. 777 ; R. 
 V. Patterson, 9 B. & Ad. 9). The acceptance of a second 
 incompatible office does not vacate the first, if the latter 
 be an office of which the holder cannot divest himself, 
 e.g., the office of justice of the peace, inasmuch as_ in 
 such a case no surrender or resignation can be implied. 
 Thus, the acceptance by a justice of the peace of an 
 appointment as justices' clerk would not vacate the office 
 of justice of the peace, although the two offices are 
 incompatible, because the office of justice is an office of 
 which the holder cannot divest himself; and thus, as 
 the two offices are incompatible, a justice is, it is sub- 
 mitted, precluded from accepting the office of justices' 
 clerk. But the office of town clerk is incompatible with 
 that of town councillor (M.C.A. s. 17, sub. i), and there- 
 fore the acceptance by a town councillor of the office of 
 town clerk vacates his office of town councillor, because
 
 14 
 
 ConstitJition of tJie AutJiority. 
 
 Chap. I. 
 
 Instances of 
 incompatible 
 offices. 
 
 Difficulty 
 
 AS TO 
 
 Election. 
 
 Individual 
 guardian. 
 
 the latter is an office of which the holder can divest 
 himself by resignation {ib. s. '^,6, sub. i). And it makes 
 no difference that one of the two offices is superior or 
 inferior in rank or status to the other {Milward v. 
 Thatcher, 2 T. R. 8i). 
 
 Offices may be incompatible by express statutory 
 enactment or by the common law ; offices which are 
 incompatible at common law may by statutoiy enact- 
 ment be declared compatible or vice versa ; and offices 
 which would in general be incompatible may, it seems, 
 by usage or custom, be compatible. Instance of offices 
 declared incompatible by statute are the offices of over- 
 seer and assistant overseer (29 & 30 Vict. c. 113, s. 10), 
 of town clerk and town councillor (M.C.A. s. 17, sub-s. i), 
 the several offices enumerated in M.C.A. s. 12, and the 
 office of treasurer and clerk to a sanitary authority 
 (P.H.A. s. 192). Instances of offices which are incom- 
 patible at common law are the offices of alderman and 
 town councillor {R. v. Bangor, Mayor of, 18 O. B. D. 349), 
 of justice of the peace and justices' clerk, and of parish 
 councillor and overseer, the last-mentioned offices because 
 the overseer submits his account of receipts and pay- 
 ments to the parish council, and the two positions of 
 accounting party and accountable party are incompatible 
 (see R. V. Pateman, 2 T. R. 777 ; R. v. Patterson, 
 4 B. & Ad. 9). Instances of parochial offices which are 
 incompatible at common law, but which by statutory 
 enactment are declared compatible, are the office of 
 chairman or member of the parish council with the office 
 of clerk of the parish council (L.G.A. s. 17, sub. i), or of 
 parish treasurer {ib. sub. 6) ; for at common law the two 
 positions of master and servant are incompatible (see 
 also R. V. Tizzard, 9 B. & C. 418). And instances of 
 offices which might otherwise be deemed incompatible, 
 but which by custom or usage have been held com- 
 patible, are to be found in i Kyd on Corporations, 373 
 et seq. Where the compatibility or incompatibility of 
 one office with another is not determined by the common 
 law or by statute law, the nature and circumstances of 
 the two offices and the constitution of the corporation 
 must be considered, in order to determine whether they 
 are compatible or not. 
 
 If any difficulty arises as respects the election of any 
 individual guardian, and there is no provision for holding 
 another election, the county council may order a new
 
 Boards of Gitardians. 15 
 
 election to be held, and give such directions as may be Chap. t. 
 necessary for the purpose of holding the election (L.G.A. 
 s. 48, sub. 5). This provision will probably supersede 
 the ordinary process of mandamus and quo warranto 
 generally resorted to in other elections. The language 
 of the enactment is large, and it is not easy to see what 
 difficulties are intended, but it is submitted that it means 
 such a difficulty as amounts to no election and renders 
 necessary the holding of another election, and that it 
 does not include a difficulty in respect to the election 
 of a guardian who has been declared elected, and 
 which would be the proper subject of an election 
 petition. 
 
 Whenever the county council act under the above Notice to 
 provision, they do so judicially, and must proceed strictly persons 
 and regularly in the exercise of the jurisdiction thus "^ 
 vested in them. They must not, therefore, decide any 
 case of alleged difficulty without giving the individual 
 guardian, and all persons interested, an opportunity of 
 being heard ; if such persons do not, after due notice, 
 avail themselves of such opportunity, the council should 
 not order a new election except on sufficient /rzwcr/^aV 
 evidence of the facts constituting the difficulty (see 
 Richardson v. Methley School Board (1893), 3 Ch. D. 
 510) ; and unless the facts show a clear case of difficulty, 
 it is submitted that the council's better course is to leave 
 the parties interested to take such steps as they may be 
 advised. Where, however, a clear case is established, it 
 is the duty of the council under the Act to order a new 
 election to be held, and to give such directions as may 
 be necessary for the purpose of holding the election 
 (see per Keating, J., in Hardwick v. Brown, L. R. 8 C. P. 
 
 413). ^ , . 
 
 If any difficulty arises with respect to the first election First 
 of guardians, or to the first meeting of a board of ^^^'^tions. 
 guardians, or if from no election being held or an 
 election being defective or otherwise, the first board of 
 guardians has not been properly constituted, the county 
 council may by order make any appointment or do any 
 thing which appears to them necessary or expedient for 
 the proper holding of any such first meeting or election 
 and properly constituting the board of guardians, and 
 may, if it appears to them necessary, direct the holding 
 of a meeting or election, and fix the dates for any such 
 meeting or election (L.G.A. s. 80, sub. i). Any such
 
 i6 
 
 CoiistitjUion of the Authority. 
 
 Chap. I. 
 
 Failure 
 TO Elect. 
 
 In particular 
 parish. 
 
 In election of 
 full number. 
 
 order may modify the provisions of the L.G.A., and the 
 enactments applied by or rules framed under the L.G.A. 
 so far as may appear to the county council necessary or 
 expedient for carrying the order into effect {ib.). The 
 wide power thus given to modify statutory enactments 
 and rules framed by the Local Government Board will 
 probably enable the county council to surmount any 
 difficulty whatever ; as to the mode in which the council 
 should exercise the jurisdiction thus vested in them, 
 see ante, p. 15. 
 
 In every case in which no person shall be elected for 
 the office of guardian in any parish at any annual 
 election of guardians, the persons elected for the previous 
 year may continue to act as guardians until the next 
 annual election (5 & 6 Vict. c. 57, s. 10). Such a failure 
 may be partial or it may be complete, and the two 
 results lead to different consequences. If it be complete, 
 {i.e. if no guardian be elected for the parish at the annual 
 election, whether the parish be entitled to elect one or 
 more), the guardian or guardians elected for the parish 
 for the previous year, if they continue to be qualified, 
 may continue to act until the next annual election. If 
 any guardian be elected {e.g. if the parish be entitled to 
 three guardians, and only one is elected), the enactment 
 does not apply, and the guardians for the previous year 
 cannot continue to act. Where the enactment does 
 apply, the guardians elected for the previous year cannot 
 continue to act beyond the next annual election ; so 
 that, if at that election there should be another failure 
 to elect, they cannot serve for the third year under this 
 provision. But in those parishes and unions where the 
 guardians serve for three years, the previously elected 
 guardian is empowered to continue in office until the 
 expiration of two years after the next annual election. 
 The power to continue to act is permissive, not obliga- 
 tory, and where there are several guardians, some may 
 continue to act, though others refuse, and if any one 
 declines to continue to act, the vacancy can only be 
 supplied by a fresh election. It seems that, so far as 
 the previous guardians are willing to continue, there is 
 no vacancy. 
 
 In case the full number of guardians shall not be 
 duly elected at any election of guardians the others or 
 remaining members of the board shall continue to act 
 until the next election or until the completion of the
 
 Boards of Guardians. 17 
 
 said board as if the number of such board were com- Chap. I, 
 plete {4 & 5 Will. IV. c. ^6, s. 38). 
 
 In case the full number of guardians shall not be or 
 shall not have been elected at any election of guardians, 
 or in case of any vacancy in any board of guardians by 
 the death, removal, resignation, refusal, or disqualifica- 
 tion to act of any elected guardian, the other or remain- 
 ing members of the said board, being not less than a 
 quorum, shall be and be deemed to have been com- 
 petent to act until the next election, or until the com- 
 pletion of the said board, as if the number of such board 
 were complete : and no acts or proceedings shall be 
 liable to be questioned on account of any failure to 
 elect any guardian or guardians, or on account of any 
 vacancy as aforesaid (5 & 6 Vict. c. 57, s. 12 ; L.G.A. 
 s. 59, sub. I ; P.H.A, sch. I. part I. r. 2). 
 
 No defect in the qualification or election of any person Validity of 
 acting as a guardian at a board of guardians, the majority ^^^^ °f 
 of persons assembled at which shall be entitled to act as boa°d.^ 
 guardians, shall be deemed to vitiate or make void any 
 proceedings of such board in which he may have taken 
 part (5 & 6 Vict. c. 57, s. 13). 
 
 B.— Rural District Councils. 
 
 Rural district councillors are elected for parishes in Establish- 
 rural districts. As to what is a " parish," see ante, p. 2. ^ent of 
 A parish situate in more than one administrative county district 
 shall, for the purposes of the R.O. be deemed to be Councils. 
 wholly situate in the county which, according to the t~~ 
 census of 1891, contains the larger part of its population ^ nations. 
 (R.O. r, 29). A rural district (formerly called a " rural 
 sanitary district ") is the area of a union or parish 
 subject to the jurisdiction of a separate board of 
 guardians, less so much, if any, of such area as is 
 included in an urban district (see P.H.A. ss. 9, 4 ; L.G.A. 
 s. 21, sub. 2) ; as to what is an urban district, see ante, 
 p. 3. The rural district council is the successor of the 
 rural sanitary authority (L.G.A. s. 25). 
 
 For the purpose of carrying the L.G.A. into eiTect in Districts with. 
 the case of every rural sanitary district which on the less than five 
 5th of March, 1894, had less than five elective guardians ^Ifardlans 
 capable of acting and voting as members of the rural "^ 
 sanitary authority of the district, and which on the ap- 
 pointed day will still have less than five such guardians, 
 
 C
 
 1 8 Constitutioji of the Atithority. 
 
 Chap. I. the county council shall cause inquiries to be made, and 
 
 make such orders as they deem suitable so that such 
 
 district shall be united to some neighbouring district or 
 districts, unless they for special reasons think fit to 
 direct otherwise (L.G.A. s. ^6, sub. i {d) (iii.). The Act 
 does not require that such rural district should be united 
 to a rural district, and it may therefore be united to a 
 neighbouring urban or rural district or districts as may 
 seem most expedient, or part may be united to an 
 urban and part to a rural district. Where the county 
 council find on consideration that special reasons exist 
 why such a district should not be united to some neigh- 
 bouring district or districts, they should make an order 
 accordingly, stating such reasons, and it will remain for 
 the Local Government Board to deal with the case, 
 either when such order is submitted to them for con- 
 firmation, or, if such order be confirmed, under the 
 following provision. 
 
 Where the number of councillors of any rural district 
 will be less than five, the provisions, so far as unrepealed, 
 of P.H.A. s. 9, with respect to the nomination of persons 
 to make up the members of a rural authority to five, 
 shall apply, unless the Local Government Board by 
 order direct that the affairs of the district shall be 
 temporarily administered by the district council of an 
 adjoining district in another county with which it was 
 united before the appointed day, and, if they so direct, 
 the councillors of the district shall be entitled, so far as 
 regards those aifairs, to sit and act as members of that 
 district council (L.G.A. s. 24, sub. 5) ; and the said 
 provisions of P.H.A. s. 9, shall apply to the district 
 council of a rural district to which they applied on the 
 5th of March, 1894 {ib. s. 24, sub. 6). Under the un- 
 repealed provisions of P.H.A. s. 9, where the number 
 of elective guardians, not disqualified from acting and 
 voting, is less than five, the Local Government Board 
 may from time to time by order nominate such number 
 of persons as may be necessary to make up that number, 
 and the persons so nominated shall be entitled to act 
 and vote as members of the rural authority. In any 
 such case, therefore, the Local Government Board deter- 
 mine whether the number of guardians shall be made 
 up to five, or whether the affairs of the district shall be 
 administered by the council of an adjoining district. 
 Where a rural parish is co-extensive with a rural
 
 Ru7'al District Councillors. 1 9 
 
 sanitary district, then, until the district is united to some Chap. I. 
 
 other district or districts, and unless the county council . 
 
 otherwise direct, a separate election of a parish council council acting 
 shall not be held for the parish, but the district council as parish 
 shall, in addition to their own powers, have the powers council, 
 of, and be deemed to be, the parish council (L.G.A. 
 s. T)6, sub. 4). The county council are required forthwith 
 on the passing of the Act to take every such case into 
 consideration, and may alter its area or boundaries, or 
 unite it to some other district or districts (see ib. sub. i, 
 et seq), and if they leave the parish and district intact, 
 they must then determine whether the parish shall or 
 shall not have a parish council. The object of the pro- 
 vision is that there shall not be a parish and a district 
 council both exercising jurisdiction in the same area, and 
 therefore prima facie such a parish is to be left to the 
 operation of the statute, and is not to have a separate 
 parish council, but is to be governed by its district 
 council. The above provision operates only " until the 
 district is united to some other district or districts"; 
 upon that event the parish comprised in the district will 
 come under the other provisions of the Act relating to 
 parish councils. 
 
 For the purpose of fixing or altering the number of Parish wards, 
 rural district councillors to be elected for each parish 
 within their county, the county council may exercise the 
 power of dividing parishes into wards in the same 
 manner as in the case of guardians (L.G.A. s. 60, sub. i, 
 and see ante, p. 4). If the parish is divided into wards 
 for the election of rural district councillors, the rules of 
 the R.O. shall, except as otherwise provided, apply to 
 each of such wards as if it were a parish (R.O. r. 30, 
 par. i). 
 
 For the purpose of fixing or altering the number of United 
 rural district councillors to be elected for each parish parishes, 
 within their county, the county council may, from time 
 to time, exercise powers of adding parishes to each 
 other in the same manner as in the case of guardians 
 (L.G.A. s. 60, sub. I, and see ante, p. 5). If the parish 
 is united with any other parish for the election of rural 
 district councillors, the rules of the R.O. shall, subject as 
 therein mentioned, apply as if such parishes formed the Constitu- 
 parish (R.O.r. 3., par. .). . , ,. XtJoT" 
 
 The rural district council shall consist of a chairman ^nd Style. 
 
 and councillors (L.G.A. s. 24, sub. i), and of a vice- 
 
 c 2
 
 20 
 
 Constitution of the Anthority. 
 
 Chap. I. 
 Name. 
 
 Quorum. 
 
 Chairman. 
 Election. 
 
 Justice of the 
 peace. 
 
 First meeting 
 and first 
 chairman. 
 
 chairman if the council think fit (ib. s. 59, sub. 2, post, 
 p. 21). It shall be a body corporate by the name of the 
 district council, with the addition of the name of the 
 district, or if there is any doubt as to the latter name, of 
 such name as the county council direct, and shall have 
 perpetual succession and a common seal, and may hold 
 land for the purposes of their powers and duties without 
 licence in mortmain (L.G.A. s. 24, sub. 7). The name 
 will thus be " The Rural District Council of . . . (see 
 ib'. s. 21, sub. 2). Any district council may, with the 
 sanction of the county council, change their name and 
 the name of their district (//;. s. 55, sub. 3). Every 
 change of name shall be published in such manner as 
 the authority authorising the change may direct, and 
 shall be notified to the Local Government Board {ib. 
 s. 55, sub. 4). Any such change of name shall not affect 
 any rights or obligations of any parish, district, council, 
 authority, or person, or render defective any legal pro- 
 ceedings, and any legal proceedings may be continued 
 or commenced as if there were no change of name {ib 
 s. 55, sub. 5). 
 
 The provisions as to the quorum are the same as in 
 the case of a board of guardians (see ante, p. 6). 
 
 The provisions of the L.G.A. with respect to the elec- 
 tion of the chairman, his qualification and mode of elec- 
 tion, and his death, resignation, or incapacity (see ante, 
 p. 6), apply to the chairman of the district council of 
 •a rural district (L.G.A. s. 24, sub. 4; s. 59, sub. i). A 
 retiring chairman, unless disqualified to hold office, is 
 re-eligible {ib. s. 48, sub. 4 ; R.O. r. 25, par, i ; M.C.A. 
 s. 37). It seems that the chairman elected from outside 
 the council is not a guardian, the provision as to rural 
 district councillors acting as guardians being confined to 
 such councillors, and not extending to such a chairman 
 (see L.G.A. s. 24, sub. 3, and cp. s. 20, sub. 7). 
 
 The chairman of a district council, unless a woman or 
 personally disqualified by any Act, shall be by virtue of 
 his office justice of the peace for the county in which the 
 district is situate, but before acting as such justice he 
 shall, if he has not already done so, take the oaths 
 required by law to be taken by a justice of the peace, 
 other than the oath respecting the qualification by estate 
 (L.G.A. s. 22). 
 
 The first meeting of the rural district council shall be 
 convened by the returning officer (L.G.A. s. 79, sub. 9),
 
 Rural District Councillors. 21 
 
 at such place and on such day (not being more than ten Chap. I. 
 days after the completion of the election) as the returning 
 officer may by written notice to each member of the 
 council appoint {ib. s. 59, sub. i ; P.H.A. sch. I. part I. 
 r. 12). If the rural district is situate in more than one 
 poor law union, the returning officer for the purpose of 
 convening the first meeting of the rural district council 
 shall be the returning officer at the election of rural 
 district councillors in that part of the district which, 
 according to the census of 1891, has the larger popula- 
 tion (R.O. r. 27, par. 2). The members shall appoint 
 one of their number to be chairman at such meeting, and 
 shall elect a person to be chairman for one year at all 
 meetings at which he is present (L.G.A. s. 59, sub. i ; 
 P.H.A. sch. I. part I. r. 12), but notwithstanding these 
 latter words it seems that the first chairman of the dis- 
 trict council will go out of office at the annual meeting 
 in 1895, viz., on the 15th of April, 1895. 
 
 Any rural district council may, if they think fit, Vice- 
 appoint a vice-chairman to. hold office during the term Chairman. 
 of office of the chairman, in the same manner, and with Appointment, 
 the same powers and authority, as in the case of a vice- 
 chairman of a board of guardians (L.G.A. s. 59, sub. 2, 
 and see ante, p. 8). 
 
 The district councillors shall be elected by the parishes Coun- 
 or other areas for the election of guardians in the district cillors^ 
 -(L.G.A. s. 24, sub. i). " Parishes," include those divided Elected by 
 by the L.G.A. or otherwise, and united parishes ; as to parochial 
 what is a parish, see ante, p. 2, and as to uniting electors, 
 parishes, see ante, p. 9. The "other areas for the elec- 
 tion of guardians in the district " are wards of parishes 
 and groups of parishes. The provisions of the L.G.A. 
 with respect to the election of guardians shall apply to 
 rural district councillors {ib. s. 24, sub. 4, see ante, p. 8). 
 The election shall, subject to the provisions of the L.G.A., 
 be conducted according to rules framed under the L.G.A., 
 by the Local Government Board {ib. s. 20, sub. 5), i.e. 
 according to the rules in the R.O. 
 
 The number of councillors for each parish or other Number, 
 area in a rural district shall be the same as the number 
 of guardians for that parish or area (L.G.A. s. 24, sub. 2) ; 
 as to what is the latter number, see ante, p. 9). 
 
 The county council may, from time to time, by order, J^^^P/g^gJ* 
 fix or alter the number of rural district councillors to be united 
 elected for a parish within their county, and for the parishes.
 
 22 
 
 Constitution of the Authority. 
 
 In divided 
 parishes. 
 
 Date of entry 
 into office. 
 
 Chap. I. purpose of the election of rural district councillors may 
 add parishes to each other and divide parishes into wards 
 in the same manner as in the case of guardians (see 
 L.G.A. s. 60, sub. I, and ante, p. 9). A rural parish 
 may thus be added to another rural parish in the rural 
 district, but a rural parish cannot be added to an urban 
 parish as the power is limited to the purposes of the 
 elections, and rural district councillors are elected for 
 rural parishes only and not for urban parishes. Where 
 a poor law union is situate in more than one county, the 
 above power must be exercised by a joint committee of 
 the councils of the councils concerned, and in case of 
 objection by any of such counties, the order shall be of 
 no effect until confirmed by the Local Goverment Board 
 as in the case of guardians (//;. sub. 3, and see ante,. 
 
 Where a parish in a rural district is divided by the 
 L.G.A. into two or more new parishes, then, subject to 
 any order made by the county council, there shall be 
 one district councillor for each of such new parishes 
 (L.G.A. s. 79, sub. 2). 
 
 The first rural district councillors elected under the 
 L.G.A. come into office on the Friday, the 28th of 
 December, iS94(R.O. r. 27, par. i ; and see L.G.A. s. 84, 
 sub. 2) ; subsequently elected councillors come into office 
 on the 15th of April, on which day rural district coun- 
 cillors go out of office, and their places are filled by 
 newly elected councillors {ib. s. 24, sub. 4 ; s. 20, sub. 6). 
 As to the exact moment when they go out of office, see 
 ante, p. 1 1. 
 
 The term of office of a rural district councillor is three 
 years (L.G.A. s. 24, sub. 4 ; s. 20, sub. 6). A rural 
 district councillor is in the same position with respect tO' 
 resignation as a member of a board of guardians {ib. s. 48, 
 sub. 4 {a), as to which, see post, p. 146. These three 
 years are calculated from the 1st of April, the ordinary 
 day of coming into office of councillors (see supra), and 
 therefore end on the 14th of April in the year in which 
 the councillors retire. 
 Retirement. '^^^ provisions of the L.G.A. with respect to the 
 
 retirement of guardians apply to rural district coun- 
 cillors (L.G.A. s. 24, sub. 4) ; as to these provisions, see 
 ante,i^. 11. The rural district councillors to retire on the 
 15th of April, 1896, and 15th of April, 1897, shall be the 
 councillors for such parishes, wards, or other areas as 
 
 Term of 
 office.
 
 Rural District Conncillors. 23 
 
 maybe determined by the county council for the purpose CuAr. I. 
 of the rotation {ib. s. 79, sub. 4). Where the district coun- 
 cillors retire together at the end of the triennial period, 
 the district councillors first elected under the L.G.A. shall 
 retire on the 15th of April, 1898 (L.G.A. s. 79, sub. 5). 
 
 The persons who are at the passing of the L.G.A. Of existing 
 members of rural sanitary authorities shall cease to hold ^^^^^ sanitary 
 office upon the day on which the first rural district ^^ °" ^* 
 councillors elected under the L.G.A. come into office 
 (L.G.A. s. 79, sub. 8) ; i.e. on Friday, the 28th of 
 December, 1894 (R.O. r. 27, par. i). 
 
 The district councillors for any parish or other area Functions as 
 in a rural district shall be the representatives of that guardians. 
 parish or area on the board of guardians, and when 
 acting in that capacity shall be deemed to be guardians 
 of the poor, and guardians as such shall not be elected 
 for that parish or area (L.G.A. s. 24, sub. 3). A rural 
 district councillor is thus the representative of his parish 
 both on the board of guardians of the union comprising 
 the parish and on the rural district council of the district 
 comprising the parish. The union may comprise urban 
 parishes, and thus the board of guardians is a separate 
 entity from the council of a rural district, which latter 
 comprises rural parishes only. A poor law union may 
 comprise any number of urban rural districts, and a 
 rural district may comprise any number of unions. But 
 whenever the area of the union coincides with that of the 
 rural district, the board of guardians will be merged in 
 the rural district council. 
 
 The power of the county council to remove any diffi- Difficulty 
 culty as respects the election of an individual councillor, as to 
 
 or with respect to the first election of councillors, or with ^ ' 
 
 respect to the first meeting of a rural district council, is 
 the same as in the case of guardians (see ante, p. 15). 
 
 If any district council, other than a borough council, Failure to 
 becomes unable to act, whether from failure to elect or elect, 
 otherwise, the county council in which the district is 
 situate may order elections to be held and may appoint 
 persons to form the district council until the newly 
 elected members come into office (L.G.A. s. 59, sub. 5). 
 A district council becomes unable to act if it possesses 
 an insufficient number of qualified members to form a 
 quorum ; as to what is a quorum, see ante, pp. 20,6. In 
 such case it can do nothing, and the appointment of a 
 temporary substitute is needful. In this event it is well
 
 24 
 
 Constitution of the Anthority. 
 
 Chap, I. to bear in mind that " person " includes any body of 
 persons, whether corporate or unincorporate (L.G.A. 
 s. 75, sub. I ; L.G.A. 1888, s. 100), and the county 
 council may thus appoint any body of persons or a cor- 
 poration as such substitute. 
 
 Establish- 
 ment OF 
 Urban 
 District 
 Councils. 
 
 Definitions. 
 
 Existing 
 
 urban 
 
 districts. 
 
 Conversion of 
 existing and 
 formation of 
 new districts. 
 
 Division into 
 wards. 
 
 C. — Urban District Councils. 
 
 Urban district councillors are elected for parishes in 
 urban districts other than boroughs (viz. in local 
 government and improvement act districts). As to 
 what is a parish, what an urban district, and what are 
 local government and improvement act districts (see 
 ante, p. 3). 
 
 Existing urban districts have been formed by pro- 
 visional orders of the Local Government Board, either on 
 their own initiative (P.H.A. s. 271), or on resolution of 
 the owners and ratepayers of any place, passed in the 
 prescribed manner (//;. s. 272). 
 
 An existing rural district may, by order of the county 
 council, be converted into an urban district, and an 
 existing urban district may similarly be converted into 
 a rural district, or the whole or any part of any such 
 district may, by such an order, be transferred from one 
 district to another, and new urban or rural districts may 
 be formed (L.G.A. 1888, s. 57, sub. i). A proposal must 
 be made to the county council, an inquiry must be held 
 by them, and the proposed order must be confirmed by 
 the Local Government Board {ib. subs, i, 2, 3,4). As to 
 what is a rural district, see ante, p. 17). 
 
 All existing urban districts, whether called improve- 
 ment Act districts, local government districts, or urban 
 sanitary districts, and all new urban districts hereafter to 
 be formed, will therefore, as from the appointed day, or 
 the day named in the order creating them, be governed 
 by urban district councils. The appointed day is the 
 day on which the members of the urban district councils 
 first elected under the L.G.A. come into office (L.G.A. 
 s. 84, sub. 4 {[)) ; i.e. Monday, the 31st of December, 1894 
 (U.O. r. 27). 
 
 The county council may, by order, divide an urban 
 district into wards, and may alter the number of wards, 
 or the boundariesof any ward (L.G.A. 1888, s. 57, sub, i). 
 A proposal must be made to the county council, and an 
 inquiry must be held by them, but the order does not
 
 Urban District Coiuicillors. 25 
 
 require confirmation by the Local Government Board Chap. I. 
 {ib. subs. I, 2). 
 
 If the district is divided into wards for the election of 
 urban district councillors, the rules of the U.O. shall 
 apply to each of such wards as if it were a district (U.O. 
 r. 29, par. i). 
 
 An urban district council consists of a chairman, a Constitu- 
 vice-chairman" if the council thinks fit, and councillors, tion, Incor- 
 
 .^ . . , ,. • -I'll L. PORATION, 
 
 Every existmg urban district council is a body corporate ^j^j^ style. 
 
 with perpetual succession and a common seal, and with 
 
 power to hold lands without any licence in mortmain ^'^™e- 
 <P.H.A. s. 7 ; L.G.A. s. 21, sub. i). There is no provi- 
 sion as to the name of a district council, but it is sub- 
 mitted that their name is " The Urban District Council 
 of ." Any district council may, with the sanction 
 
 of the county council, change their name and the name 
 of their district {ib. s. 55, sub. 3) ; and as in the case of a 
 rural district council (see ante, p. 20), every change of 
 name shall be published and notified, and shall not affect 
 any rights or obligations, or render defective any legal 
 proceedings. 
 
 The provisions as to the quorum are the same as in Quorum. 
 the case of a board of guardians (see ante, p. 6). 
 
 The urban district council shall from time to time at Chairman. 
 their annual meeting elect a person to be chairman for Eig^tion of 
 one year at all meetings at which he is present (L.G.A. chairman. 
 s. 59, sub. I ; P.H.A. sch. L pt. L r. 3), and the annual 
 meeting shall be held as soon as may be convenient after 
 the 15th of April in each year {ib. r. 11). The chairman 
 may be elected from among the councillors (P.H.A. 
 sch. L pt. L r. 3), or from outside the councillors (L.G.A. 
 s, 59, sub. i), but there is no provision that a chairman 
 elected from outside the councillors shall be qualified to 
 be a councillor {cp. s. 3, sub. 8 ; s. 20, sub. 7), or even 
 that he shall be a " fit" person {cp. M.C.A. s. 15, sub. i), 
 and, semble, therefore, any man chosen from outside the 
 council may be elected chairman of an urban district 
 council. A woman, married or single, if a councillor, 
 may be elected chairman (see L.G.A. s. 23, sub. 2) ; but 
 a woman cannot be chosen chairman from outside the 
 council, as at common law she is not entitled to exer- 
 cise any public function, and if it be intended that she - " | 
 should exercise any such function, she must be thereunto 
 specially qualified by statute, or by such a well-recog- 
 nised custom as has, in some exceptional cases {e.g. that
 
 26 
 
 Constitution of the Authority. 
 
 Chap. I, 
 
 First meeting 
 and first 
 chairman. 
 
 Vice- 
 Chairman. 
 
 Appointment. 
 
 Coun- 
 cillors, 
 
 Elected by 
 
 parochial 
 
 electors. 
 
 of overseer of the poor), established her qualification (see 
 Bercsford-Hope v. Lady Sandhurst, 23 Q. B. D. 79 ; De 
 So7cca V. Cobden (1891) i O. B. 687). A woman is not 
 specially qualified by the L.G.A. to be elected chairman 
 from outside the council, and, of course, no custom that 
 she shall be so elected yet exists. 
 
 The election of a chairman is obligatory on the 
 council, and shall be conducted in the same manner and 
 under the same provisions as the election of a chairman 
 of a board of guardians (see ante, p. 6). If the chair- 
 man dies, resigns, or becomes incapable of acting, 
 another chairman shall be appointed under the same 
 provisions and in the same manner as a chairman of a 
 board of guardians (see ante, p. 7). A retiring chair- 
 man, who was elected from among the councillors, is, 
 unless disqualified to hold the office, re-eligible (L.G.A. 
 s. 48, sub. 4; U.O. r. 25, par. i ; M.C.A. s. 37). The 
 chairman is a justice of the peace for the county (L.G.A. 
 s. 22, ante, p. 20). 
 
 The first meeting of the urban district council shall be 
 convened by the returning officer, and the first chairman 
 shall be elected under the same provisions and in the 
 same manner as in the case of a rural district council 
 (see ante, p. 20). 
 
 Any urban district council may, if they think fit, 
 appoint a vice-chairman to hold office during the term 
 of office of the chairman, and the vice-chairman shall, in 
 the absence or during the inability of the chairman, 
 have the powers and authority of the chairman (L.G.A. 
 s. 59, sub. 2). Such vice-chairman must be appointed 
 from among the councillors, there being no provision 
 that he may be appointed from outside the councillors 
 {cp. ib. s. 20, sub. 7). His appointment is only to be 
 made if the council " think fit," and he, therefore, need 
 not be appointed at all, or may be appointed at any 
 time that the council think fit. He holds office during 
 the term of office of the chairman, and his office there- 
 fore does not terminate with the death or resignation of 
 the chairman. 
 
 Urban district councillors shall be elected by the 
 parochial electors of the parishes in the district, and, if 
 the district is divided into wards, the electors of the 
 councillors for each ward shall be such of the parochial 
 electors as are registered in respect of qualifications 
 within the ward (L.G.A. s. 23, sub. 3 ; and see post^
 
 Urban District Councillors. 27 
 
 p. 70). The election shall, subject to the provisions of CiiAr. I. 
 the L.G.A., be conducted according to rules framed 
 under the L.G.A. by the Local Government Board (ib. 
 sub. 5) ; i.e. according to the rules in the U.O. 
 
 The number of members of an urban district council Number. 
 is such number as is determined by the order forming 
 the district ; i.e. the improvement Act district, the local 
 government district, or the urban district. Such number 
 may be altered by the county council after due inquiry, 
 and their order does not require confirmation by the 
 Local Government Board (L.G.A. 1888, s. 57, sub-ss. i ,2). 
 
 The first district councillors elected under the L.G.A. Date of entry 
 come into office on the Monday, 31st of December, 1894 i"^° °^'^^- 
 (U.O. r. 27 ; and see L.G.A. s. 84, sub. 2) ; subsequently 
 elected councillors come into office on the 15th of April, 
 on which day the councillors go out of office and their 
 places are filled by newly elected councillors {ib. s. 23, 
 sub. 6). As to the exact moment when they go out of 
 office, see ante^ p. 11. 
 
 The term of office of an urban district councillor is Term of 
 three years (L.G.A. s. 23, sub. 6) ; but he may resign at ^ ' 
 anytime {see post, p. 147). These three years are calcu- 
 lated from the 15th of April, the ordinary day of coming 
 into office of urban district councillors (see supra), and 
 therefore end on the 14th of April in the year in which 
 the councillor retires. 
 
 Urban district councillors may retire by thirds on the Retirement, 
 1 5th of April in each year, or simultaneously on the same 
 date in every third year. 
 
 When urban district councillors retire by thirds, one- By thirds. 
 third, as nearly as may be, shall go out of office on the 
 15th of April in each year (L.G.A. s. 23, sub. 6). If 
 the urban district is divided into wards, one-third, 
 as nearly as may be, of the councillors for each ward 
 shall go out of office on the 15 th of April in each 
 year {ib). 
 
 Of the urban district councillors first elected under the 
 L.G.A., save as hereinafter mentioned, one-third as nearly 
 as may be shall continue in office until the 15th of 
 April, 1896, and shall then retire: and one-third, as 
 nearly as may be, shall continue in office until the 15th 
 of April, 1897, and shall then retire ; and the remainder 
 shall continue in office until the 15th of April, 1898, and 
 shall then retire (L.G.A. s. 79, sub. 3). 
 
 Of the first urban district councillors elected under
 
 Constitntion of the AjUhority. 
 
 Chap. T. 
 
 Simultaneous 
 retirement. 
 
 Retirement 
 of present 
 urban autho- 
 rities. 
 
 Difficulty 
 
 AS TO 
 
 Election. 
 
 the L.G. A., the third who are respectively to retire on the 
 15th of April, 1896 and 1897, shall be determined 
 according to their place on the poll at the election, those 
 that were lowest on the poll retiring first (L.G.A. s. 79, 
 sub. 6). If there was no poll, or if a question arises in 
 consequence of an equality of votes between two or 
 more councillors, the matter shall be determined by 
 ballot conducted under the direction of the council (z7;.). 
 The ballot is a ballot, not of the electors, but of the 
 district council, i.e. of such members of the council as 
 are present at the time the ballot is taken, and as such 
 ballot is to be conducted under the direction of the 
 council, they have full power to determine the mode and 
 manner of taking it. 
 
 In the case of an urban district divided into wards, 
 the foregoing provisions with respect to retirement {i.e. 
 sub-s. 3, 6) shall apply separately to each ward (L.G.A. 
 s. 79, sub. 7). 
 
 A county council may, on request made by a resolu- 
 tion of an urban district council, passed by two-thirds of 
 the members voting on the resolution, direct that the 
 members of such council shall retire together on the 15th 
 of April in every third year, and such order shall have 
 full effect (L.G.A. s. 23, sub. 6). If no such order be 
 made, one-third, as nearly as may be, of the council 
 shall go out of office on the 15th of April in each year 
 (/Z'.). One-third of the full number of members of the 
 urban district council must be present to form a quorum, 
 provided that a larger quorum than seven is not required 
 \ih. s. 59, sub. I ; P.H.A. sch. I. r. 2), and the above 
 resolution must be passed by two-thirds of those voting 
 thereon. It is discretionary with the county council 
 whether they shall or shall not make an order in com- 
 pliance with this request. It will be observed that the 
 requisite majority of the district council is not a two- 
 thirds majority of the whole council, nor of those present 
 at the meeting, but only of those voting on the resolu- 
 tion. 
 
 The persons who are at the passing of the L.G.A. 
 members of urban sanitary authorities for districts not 
 being boroughs, shall cease to hold office upon the day 
 on which the first urban district councillors elected under 
 the L.G.A. come into office (L.G.A. s. 79, sub. 8), i.e. on 
 Monday, the 31st of December, 1894 (U.O. r. 27). 
 
 The power of the county council to remove any diffi-
 
 Urban District Councillors. 2g 
 
 culty as to the election of an individual councillor, or Chap, l 
 
 with respect to the first election of councillors, or with 
 
 respect to the first meeting of an urban district council, 
 
 or in case of the inability to act of any such council, and 
 
 to appoint a substitute in such a case, is the same as in 
 
 the case of a rural district council, as to which, see ante, 
 
 p. 23.
 
 ( 30 ) 
 
 CHAr. II. 
 
 CHAPTER II. 
 QUALIFICATION OP MEMBERS. 
 
 A.— GUARDIANS. 
 
 Qualification under the 
 Local Government Act 
 for election and act- 
 ING . . . .31 
 Repeal of existing statutes . 3 1 
 Statutory enactment . -3^ 
 (a.) Parochial elector . 32 
 (b.) Residetitial qtialifca- 
 
 tion . . .32 
 
 (c.) Qualification as town 
 
 councillor . . 33 
 
 '' Fit" person . -35 
 
 Municipal officers . 35 
 
 H^omen . . •35 
 
 Aldermen . . • 35 
 
 Burgess qualification > 35 
 
 Fitll age . . .36 
 
 Occupation . -37 
 
 Residence . . 40 
 
 Rating . . .42 
 
 Disqualifications as town 
 
 councillor . . 45 
 
 Aliens . . -45 
 
 Parochial relief or 
 
 other alms . . 45 
 
 Elective auditor and 
 
 revising assessor . 47 
 Office or place of profit 48 
 Clergy . . .48 
 
 Share or interest in 
 any contract or ein- 
 ploymetit . • [ 48 
 
 Misapplication of cor- 
 porate property . 49 
 Patikrupts and corn- 
 pounding debtors . 49 
 Corrupt and illegal 
 
 practices . . 49 
 
 Treason or felony . 49 
 
 Military officers . 49 
 
 Exemptions fvm sc}~z<icc 
 
 as town cormcillors . 49 
 
 PAGE 
 
 Other qualified persons . 50 
 Plind persons . . -SO 
 
 Civil servants . . -So 
 
 Clergy . . , .51 
 
 Officers and members of other 
 
 local authorities . -51 
 
 Peers . . . .51 
 
 Re-eligibility . . .51 
 Disqualifications under 
 the Local Government 
 Act for election or 
 acting . . . .51 
 Statutory enactment . .51 
 
 Infant or alien . . -53 
 
 Union or parochial relief . 53 
 Conviction and imprison- 
 
 merit for crime . • 53 
 
 Bankruptcy, composition, or 
 arrattgement with creditors 54 
 Cessor of disqualification . 54 
 Paid office under board . 55 
 
 Bargain or contract luith 
 board . . . -55 
 
 What is a '■^ bargaitt or 
 
 contract" . . -56 
 
 Contract must be continu- 
 ing . . . .57 
 Assignment of contract . 57 
 Sub-contractor . . 58 
 Trustee. . . -58 
 Contract with independent 
 
 body . . . 58 
 
 Secret contract . • 5^ 
 
 Invalid contract . "5^ 
 
 Participation in profit . -5^ 
 
 Contracts which do not dis- 
 qualify . , . -59 
 Sale, lease, loan, bridge, or 
 
 road materials . . 59 
 
 Nnvspapcr advertisement . 59 
 Shareholder in company . 59
 
 Qtialificatioii of Members. 
 
 31 
 
 A. — G U A RD I ANS — <r^«//««^fl'. 
 
 Chap. II. 
 
 PAGE 
 
 Other disqualifications . 60 
 Corrupt p7'actices . . 60 
 
 Deaf and dumb person . 61 
 
 Drunkard . . .61 
 
 Illegal practices . . .62 
 
 Jdtot or lunatic . . .62 
 
 Who is a hmatic . . 63 
 
 Returning officer . • ^Z 
 
 Treason orjelony . . 63 
 
 Workhouse master and re- 
 lieving officer . . -63 
 Assistant overseer and paid 
 officer . . . .64 
 
 Exemptions from service . 64 
 Army reserve . . .64 
 
 Exemptions from Service — 
 continued. 
 Blind, deaf or infirm . . 
 
 Customs officers . . . 
 
 Dentists .... 
 Elected for more tha^t one 
 parish .... 
 Factory inspectors . , 
 
 Fined for non-acceptance 
 hiland revenue officers 
 Lunatic or imbecile . . 
 
 Medical practitioners . 
 Notninated without his consent 
 Postal officers 
 Registrars of births, (s'c. 
 
 64 
 64 
 64 
 
 64 
 64 
 64 
 64 
 64 
 64 
 65 
 65 
 65 
 
 B.— RURAL DISTRICT COUNCILLORS. 
 
 Qualification for election 
 
 AND acting . . • 65 
 
 Statutory enactment . . 65 
 
 Exemptions from service . 65 
 
 Disqualifications 
 
 Cotitract for supply of bridge 
 and road materials , 
 
 C— URBAN DISTRICT COUNCILLORS. 
 
 Qualification for election 
 and acting . . .66 
 Statutory enactment . . 66 
 
 Abolition of ex officio and 
 nominated membeis . -67 
 
 Qualification, &c. — contd. 
 
 Exemptions fvm service 
 Disqualifications 
 
 Cojttract for supply of bridge 
 and road materials . . 
 
 65 
 65 
 
 67 
 67 
 
 67 
 
 A. — Guardian. 
 
 All questions of the qualification of a guardian, so far 
 as such questions depend on statute, are now determined 
 by the L.G.A., the previous statutory provisions on the 
 subject having been repealed by the provision that so 
 much of any enactment, whether in a public, general, or 
 local and personal Act, as relates to the qualification of a 
 guardian shall be repealed (L.G.A. s. 20, sub. 2). It 
 will be observed that this repeal relates to qualifications 
 only, disqualifications created by existing enactments 
 not being repealed. 
 
 By the same section of the L.G.A. (s. 20, sub. 2), it is 
 enacted that a person shall not be qualified to be elected 
 or to be a guardian for a poor law union unless he — 
 
 {a.) Is a parochial elector of some parish within the 
 union {see post, p. 32) ; or 
 
 (&.) Has during the whole of the twelve months pre- 
 
 Qualifica- 
 
 TION FOR 
 
 Election 
 AND Acting. 
 
 Repeal of 
 
 existing 
 
 statutes. 
 
 Statutory 
 enactment.
 
 32 Qnalification of Members. 
 
 Chap. II, ceding the election resided in the union (see 
 
 _ infra) ; 
 
 or, in the case of a guardian for a parish wholly or partly 
 situate within the area of a borough, whether a county 
 borough or not ; 
 
 {c) Is qualified to be elected a councillor for that 
 borough {see post, p. 33) . 
 Of these qualifications in their order. 
 (a.) Parochial [a.) A person shall be qualified to be elected and to 
 elector. j^g ^ guardian for a poor law union if he be a parochial 
 
 elector of some parish within the union (L.G.A. s. 20, 
 sub. 2). The word " person " includes females (see 
 52 & 53 Vict. c. 6t„ s. I, sub. I {a), and moreover it is 
 expressly enacted that no person shall be disqualified b)^ 
 sex or marriage for being elected or being a guardian 
 (L.G.A. s. 20, sub. 2). A woman, whether married or 
 single, is therefore capable of being elected and being a 
 guardian, if she be a parochial elector or possesses the 
 necessary residential qualification. This residential 
 qualification a married woman may possess in conjunc- 
 tion with her husband ; in other words, a residential 
 qualification which is sufficient to entitle a husband to 
 be elected also entitles his wife to be elected, if both are 
 living together. If they are living apart, the wife's 
 residential qualification must be such as would qualify 
 a single woman to be elected. If a husband and wife 
 have each a sufficient qualification, they are both eligible 
 on the same board of guardians. " Poor law union " 
 means any parish or union of parishes for which there is 
 a separate board of guardians (L.G.A. 1888, s. 100; 
 L.G.A. s. 75, sub. 2 ; 52 & 53 Vict. c. 63, s. 16, sub. 2). 
 As to who is a parochial elector, see post, p. 6S; and as 
 to what is a parish, see ante, p. 2. 
 (b.) Residen- {b.) A person shall be qualified to be elected and to 
 tial qualifi- ^ guardian for a poor law union if he has, during the 
 whole of the twelve months preceding the election, 
 resided in the union (L.G.A. s. 20, sub. 2). " Month " 
 means calendar month (52 & 53 Vict. c. 6T), s. 3), and 
 the twelve months must be consecutive. " Election " 
 includes both the nomination and the poll (L.G.A. s. 75, 
 sub. 2), and therefore a person, not being a parochial 
 elector, who seeks to be nominated for election as a 
 guardian on the 5th of December, 1894, must have 
 resided continuously in the union from the 5th of 
 December, 1893, to the day of nomination. As to what 
 
 cation.
 
 Giiardians. .33 
 
 constitutes " residence," see post, p. 40. Temporary chap. II. 
 
 absence for business or pleasure during such twelve 
 
 months is immaterial if the residence continues solely in 
 the union during the twelve months. A person who has 
 thus resided in the union up to the day of election does 
 not, it would seem, become disqualified if on or after the 
 day of election he ceases to reside in the union. 
 
 (c) A person shall be qualified to be elected and to {c) Qualifica- 
 be a guardian for a poor law union, if, in the case of a ^Qyj^^-i{°J^''^ 
 guardian for a parish wholly or partly situate within the 
 area of a borough, whether a county borough or not, he 
 is qualified to be elected a councillor for that borough 
 (L.G.A. s. 20, sub. 2). The expression "borough" 
 means any place for the time being subject to the 
 M.C.A. (L.G.A. 1888, s. 100 ; L.G.A. s. 75, sub. 2) ; and 
 a county borough is one of the large boroughs named 
 in sch. III. of the L.G.A. 1888. This qualification is 
 additional to the two other qualifications {a) and (5), 
 and a guardian for a parish wholly or partly in a borough 
 may qualify under any one of the three qualifications. 
 With regard to («), the expression " parochial elector " 
 when used with reference to a parish in an urban district, 
 or in any county borough, means a person who would 
 be a parochial elector if the parish were a rural parish 
 (L.G.A. s. 75, sub. 2). 
 
 The enactments relating to the qualification of a 
 councillor for a borough are M.C A. s. 11 (qualification), 
 and M.C.A. s. 12 (disqualification, se& post, p. 47). 'xhe 
 former is as follows : — 
 
 (i.) The councillors shall be fit persons elected by the 
 burgesses. 
 
 (2.) A person shall not be qualified to be elected or to 
 be a councillor, unless he — 
 
 {a) Is enrolled and entitled to be enrolled as a bur- 
 gess ; or 
 {b.) Being entitled to be so enrolled in all respects 
 except that of residence, is resident beyond 
 seven miles, but within fifteen m.iles of the 
 borough, and is entered in the separate non- 
 resident list directed by the M.C.A to be made ; 
 and 
 (f.) In either of those cases, is seised or possessed of 
 real or personal property or both, to the value 
 or amount, in the case of a borough having 
 four or more wards, of one thousand pounds, 
 
 D
 
 34 Qualification of Members. 
 
 Chap, II. and in the case of any other borough, of five 
 
 hundred pounds, or is rated to the poor rate in 
 
 the borough, in the case of a borough having 
 
 four or more wards, on the annual value of 
 
 thirty pounds, and in the case of any other 
 
 borough of fifteen pounds. 
 
 (3.) Provided, that every person shall be qualified to 
 
 be elected and to be a councillor, who is, at the time of 
 
 election, qualified to elect to the office of councillor ; 
 
 which last-mentioned qualification for being elected shall 
 
 be alternative for and shall not repeal or take away any 
 
 other qualification. 
 
 (4.) But if a person qualified under the last foregoing 
 proviso ceases for six months to reside in the borough, 
 he shall cease to be qualified under that proviso, and 
 his office shall become vacant, unless he was at the time 
 of his election and continues to be qualified in some 
 other manner. 
 
 Upon this enactment the first points to be observed 
 are: (i) that the councillors must be "fit" persons (see 
 post, p. 35) ; (2) that mere enrolment as a burgess, 
 though a sufficient title to vote (M.C.A. s. 51, sub. i), is 
 not alone a sufficient title for election, inasmuch as a 
 person elected under this section must not only be 
 enrolled, but must be "entitled to be enrolled" as a 
 burgess (see Middlcton v. Simpson, 5 C. P. D. 183 ; 7?. v. 
 Dixon, 15 O. B. 33 ; Flintham v. Roxburgh, 17 O. B. D. 
 44) ; (3) that all persons resident within, or within seven 
 miles of the borough, and enrolled and entitled to be 
 enrolled as burgesses, are eligible to the office of coun- 
 cillor without any property or rating qualification, and 
 that this is the simplest qualification in the M.C.A., and 
 is that under which councillors are most usually elected ; 
 and (4) that all persons resident beyond seven but 
 within fifteen miles of the borough, and entered in the 
 separate non-resident list, are also eligible, but must 
 possess the property or rating qualification mentioned 
 in M.C.A. s. II, sub. 2 (r), and lose this qualification 
 as soon as they cease to be so resident. It is further 
 to be observed that the words " qualified to elect " refer 
 only to the qualifications in M.C.A. s. 9, and that a 
 person who is entitled " to demand and receive a voting 
 paper and to vote," simply because he is enrolled in the 
 burgess roll (see M.C.A. s. 51. sub. i), is not thereby 
 "qualified to elect," if he is not qualified under M.C.A.
 
 Guardians. 35 
 
 s. II, inasmuch as s. 51 only carries out the provisions Chap, IT. 
 
 as to qualification of a person in his capacity of voter, 
 
 and has no reference to the quaHfications of a councillor 
 {Flinthain v. Roxburgh, 17 O. B. D. 44). And if a 
 person is in fact enrolled, but is misnamed in the roll, 
 he is eligible if his description in the roll is such as to 
 be commonly understood (M.C.A. s. 241, and as to the 
 meaning of " commonly understood," see post, p. 100). 
 
 A "fit" person is one legally competent to perform "Fit "person, 
 the duties of the office to which he seeks election. Thus 
 an habitual drunkard is unfit {R. v. Taylor, 3 Salk. 231, 
 but see post, p. 61) ; and an idiot, a lunatic (unless 
 elected during a lucid interval), and a deaf and dumb 
 person would doubtless be held unfit (see post, pp. 62, 
 63, 61), but a blind person is not unfit {ib.) though he is 
 exempt from election {?,eepost, p. 64). A returning officer 
 is ineligible at common law, and therefore unfit {see post, 
 
 p. 63). 
 
 The recorder (jM.C.A. s. 163; sub. 6), the town clerk, Municipal 
 {ib. s. 17, sub. i), the borough treasurer {ib. s. 18, sub. i), officers. 
 the elective auditors {ib. s. 25 sub. 2) of a municipal 
 borough, the clerk to borough justices {ib. s. 159, sub, 2), 
 and the borough coroner {ib. s. 171, sub. i), are dis- 
 qualified from being members of the town council of 
 their municipal borough. 
 
 Women, whether married or single, are disqualified Women, 
 for election as town councillors {Beresford-Hope v. Lady 
 SandJiurst, 23 O. B. D. 79 ; De Sonza v. Cobden (1891) 
 I O. B. 6%-]). 
 
 According to the present decisions, an alderman is not Aldermen, 
 ineligible as a town councillor, but vacates his ofiice of 
 alderman immediately on his accepting his new office of 
 town councillor {R. v. Bangor, Mayor, etc. of, 18 O. B. D. 
 349). But this decision has been questioned in the 
 House of Lords, and the point cannot be considered as 
 definitely settled {PritcJiard \. Bangor, Mayor, etc. of, 13 
 App. Cas. 241). 
 
 We now come to the consideration of what persons Burgess 
 are " entitled to be enrolled " as burgesses. It is enacted qualification. 
 that a person shall not be entitled to be enrolled as a 
 burgess unless he is qualified as follows : — 
 
 (^2-.) Is of full age , and 
 
 (/;.) Is on the 15th of July in any year, and has been 
 during the whole of the then last preceding 
 twelve months, in occupation, joint or several, 
 
 D 2
 
 2,6 Qualification of lil embers. 
 
 Chap. II. of any house, warehouse, counting-house, shop, 
 
 or other building (in the M.C.A. referred to as 
 " the quaHfying property ") in the borough ; 
 and 
 {c}j Has during the whole of those twelve months 
 resided in the borough, or within seven miles 
 thereof ; and 
 (^/.) Has been rated in respect of the qualifying pro- 
 perty to all poor rates made during those twelve 
 months for the parish wherein the property is 
 situate ; and 
 (^.) Has on or before the 20th of the same July paid 
 all such rates, including borough rates (if any), 
 as have become payable by him in respect of 
 the qualifying property up to the then last pre- 
 ceding 5th of January. 
 Every person so qualified shall be entitled to be 
 enrolled as a burgess, unless he : — 
 (^.) Is an alien ; or 
 (/;,) Has within the twelve months aforesaid received 
 
 union or parochial relief or other alms ; or 
 (r.) Is disentitled under any Act of Parliament (M.C.A. 
 s. 9, sub-ss. 2, 3). 
 
 Every person enrolled in the burgess roll shall be 
 deemed to be enrolled as a burgess, and every person 
 not enrolled in the burgess roll shall be deemed to be 
 not enrolled as a burgess (M.C.A. s. 45, sub. 8). 
 Full age. The first requirement is that a person to be entitled 
 
 to be enrolled as a burgess shall be of full age. Full 
 age is completed at the first moment of the day pre- 
 ceding the twenty-first anniversary of a person's birth^ 
 for the law does not notice a fraction of a day, and a 
 person is thus of full age though he may not have lived 
 twenty-one years by nearly forty-eight hours (i Salk. 44, 
 2 ib. 625 ; ace. i Black. Comm, 464). Thus, a person 
 born at any hour on the 6th of December, 1873, attained 
 his majority immediately after midnight on the night of 
 the 4th of December, 1894 (the first moment of the 
 morning of the 5th of December, 1894). It is not 
 necessary that the elector should have been of full age 
 during the whole of the prescribed period of occupation 
 and residence ; it is sufficient if he attains his full age 
 on the 15th of July in the year in which he is to be 
 registered {Pozcell w. Bradley, 18 C. B. N.S. 65). But it 
 is not sufficient if he attains full age after that date
 
 Gjtardiaus. 37 
 
 though before the election {Ilargreaves v. Hopper, Chai\JT. 
 I C. P. D. 195). 
 
 The next requh-ement is that the burgess shall have Occupauon. 
 been in occupation, joint or several, of his qualifying 
 property for the period above mentioned. Occupation 
 is the actual user by a person lawfully entitled to 
 •exclusive possession, for the purposes of a dwelling- 
 house or of his trade, business, or profession. Occupa- 
 tion by an agent or servant is sufficient {Nunn v. Denton, 
 7 M. & G. 66), and so is occupation jointly with another 
 (see Umvin v. ]\Ic Mullen (1891) i O- B. 694). It is also 
 sufficient if the owner or tenant keeps the house, etc., 
 ready for habitation whenever he pleases to go to it, and 
 although he does not in fact reside in it one day in the 
 year (/v. v. St. Pancras, 2 O. B. D. 588) ; or if he use the 
 house partly for warehousing goods, and partly for a 
 sale room (Z^rt;//V/ V. Conlstlng, 7 M. & G. 122). It is 
 not necessary in order to make a man an occupier, that 
 he should actually sleep or take his meals in a house, or 
 that his family should actually dwell in the house ; it is 
 -sufficient if he hold the whole, and by himself or his 
 family occupy a part {R. v. DitcJieat, 9 B, & C. 185 ; 
 and see R. v. St. Nicholas, Rochester, 5 B. & Ad. 2 1 9). 
 A warehouse is occupied if the owner or tenant keep 
 goods therein {Daniel v. Coidsting, 7 M. & G. 122) ; a 
 counting-house, if he use it by himself or his clerks 
 during business hours {Doiiming v. Ljtckett, 5 C. B. 40 ; 
 Piercy v. Maclean, L. R. 5 C. P. 252). The occupation 
 must be continuous, and if it be so, it is sufficient though 
 bankruptcy occur during the qualifying period {Mackay 
 V. McGuire (1891) i O. B. 250). 
 
 A compulsory occupation in performance of a person's 
 contract of service, as distinguished from a person's 
 •occupation as a reward therefor, is not sufficient to 
 qualify for registration {M' Clean v. Prichard, 20 O. B. D. 
 2.85), A person is not entitled to be enrolled a citizen 
 of Oxford, or a burgess of Cambridge, by reason of his 
 occupation of any rooms, chambers, or premises in any 
 college or hall of either of those universities (M.C.A. 
 s. 257, sub. 3). 
 
 Where a person succeeds to qualifying property by 
 descent, marriage, marriage settlement, devise, or pro- 
 motion to a benefice or office, the occupancy of the 
 property by a predecessor in title is equivalent to the 
 occupancy of the successor, and the successor is not
 
 38 Qualification of JM embers. 
 
 Chap. II. required to prove his own occupancy before the succcs- 
 " sion (M.C.A. s. 33, sub. i). And the qualifying property 
 need not be throughout the twelve months the same 
 property, or in the same parish {ib. sub. 2). 
 
 The qualifying property must be a house, warehouse, 
 counting-house, shop, or other building. A stone and 
 brick built building, with tiled roof, the lower story used 
 as a cowhouse and stable, the upper story as a bedroom, 
 accessible only by a staircase from the stable, is properly 
 described as a house {Nnnn v. Denton, i Lutw. 178; 
 7 M. & G. 66). A house may be occupied otherwise 
 than by dwelling in it, and therefore a building occupied 
 partly as a warehouse and sale-room, and partly as 
 workshops, is a " house " {Daniel v. Coulsting, i Lutw. 
 230 ; 7 M. & G. 122). One of several rooms in a house, 
 all occupied as counting-houses, the house having a 
 wooden gate and door at the outer entrance, shut at 
 night but open all day, and none of the occupiers having 
 separate keys, is a " counting-house " {Doivning v. 
 Lnckett, 2 Lutw. 33 ; 5 C. B. 40) ; and so also is a 
 solicitor's office {Re Creek, 3 B. & S. 459). A house is 
 still a house although part be let to a lodger, provided 
 the portion so let is not structurally severed from the 
 residue, or provided with a separate entrance, with 
 exclusive dominion over that entrance {R. v. Eye, Mayor 
 of, Neobarcfs Case, 9 A. & E. 670 ; and see Evan's Case, 
 ib. 679). 
 
 The terms " house," "warehouse," etc., include any part 
 of any house, where that part is separately occupied for 
 the purposes of any trade, business, or profession ; and 
 any such part may, for the purpose of describing the 
 qualification, be described as office, chambers, studio, or 
 by any like term applicable to the case (M.C.A. s, 31 {a). 
 Where an occupier is entitled to the sole and exclusive 
 use of any part of a house, that part shall not be deemed 
 to be occupied otherwise than separately by reason only 
 that the occupier is entitled to the joint use of some 
 other part {ib. s. 31 {b). Thus, each room in a cotton 
 factor}^, four stories in height, and which was let off to 
 different persons for cotton spinning, each exclusively 
 occupying and having the key of the door of one room, 
 in which room each had his own spinning machine, all 
 of which machines were worked by one steam engine 
 and main gearing provided by the landlord, has been 
 held to be a building entitling the occupier to be regis-
 
 Guardians. 39 
 
 tei-ed ( Wright v. Stockport, Tozvn Clerk ^/ 5 M. & G. 33 ; Chap. II. 
 and see Grecnivay v. BatcJidor, 12 Q. B. D. 381). But 
 apart from the above section, part of a house is not a 
 house in point of law, unless there is an actual structural 
 severance of the part from the rest of the building {Cook 
 V. Hujnbcr, 11 C. B. N.S. 33; Henrette v. Booth, 15 
 C. B. N.S. 500). 
 
 Everything that can be called a building is not a 
 building within the meaning of the M.C.A. The building 
 must be in some degree adapted both to be used by 
 man, either for residence or for the industry to which 
 the statute relates, and also to have the degree of 
 durability which is included in the idea of a building 
 {Poivell V. Boraston, 18 C. B. N.S. 180) ; it must have 
 permanence and utility, and must contribute to the 
 beneficial occupation of the land, and thus increase the 
 real annual value of the land {Morish v. Harris, L. R. 
 I C. P. 162). 
 
 The following have been held to be buildings : — A 
 brick or stone built cowhouse or stable, with a tiled roof 
 and a door with lock and key ( Whit more v. Wenlock, 
 Tozvn Clerk of, i Lutw. 10 ; 5 M. & G. 9) ; a wooden 
 shed let into the ground, the roof formed of tarpaulin, 
 used for placing in it barrows, shovels, etc. ( Watson v. 
 Cotton, 2 Lutw. 53 ; 5 C. B. 51 ; but see Poivell v. 
 Boraston, 18 C. B. N.S. 181) ; a similar structure with 
 a thatched roof, used for storing potatoes {Poivell v. 
 Farmer, 18 C. B. N.S. 169) ; a stone building, with four 
 walls, a roof, and a door, used for storing manure {Morish 
 v. Harris, L. R. i C. P. 155) ; a similar building, with 
 three sides, but open in front, used for milking cows and 
 keeping a pig {Gilham v. Harris, ib. 158) ; a similar 
 building useful as affording shade and shelter to cattle 
 {Berry v. Harris, ib. 159); a lime-kiln {Lyme Regis, 
 B. & Aust. 486). 
 
 The question of whether an erection is a building is 
 one for the revising barrister, and unless he gives a 
 description inconsistent with its being such, the court 
 will not interfere {Watson v. Cotton, 5 C. B. 51 ; Jllorish 
 V. Harris, L. R. i C. P. 162 ; and see Ward v. Willesden, 
 Overseers of, i Lutw. 314 ; 2 C. B. 15). 
 
 The qualification continues although the house has 
 been pulled down and is being rebuilt {Neiv Windsor, 
 K. & O. 153) ; or has been burnt down {Lyme, Cozeris
 
 40 
 
 Qualification of Members. 
 
 Chap. II. 
 
 Residence. 
 
 Case, B. & Aust. 463) ; but not if the occupation is not 
 resumed {Lyme, Hicks Case, B. & Aust. 460). 
 
 The right quahfication must be entered ; if an elector 
 occupying a " house " is described as occupying a 
 " counting-house," his name must be expunged from the 
 register {R. v. Chipping Wycombe, Mayor of, 44 L. J. 
 O. B. 82). 
 
 A man is not disqualified from being registered or 
 voting as a burgess in respect of the occupation of any 
 house, by reason only that during a part of the qualify- 
 ing period, not exceeding four months in the whole, he 
 has, by letting or otherwise, permitted such house to be 
 occupied as a furnished dwelling-house by some other 
 person, and during such occupation by another person 
 has not resided in or within seven miles of the borough 
 (48 & 49 Vict. c. 9, s. 2). The preamble recites that it 
 is desirable to apply the above provision to voters at 
 municipal elections, and as a woman is such a voter 
 (M.C.A. s. 6^, it would seem that the above provision 
 applies to a woman, though it speaks only of " a 
 man." 
 
 The next essential is that the burgess shall have 
 resided in the borough, or within seven miles thereof, for 
 the requisite twelve months. 
 
 Residence denotes the place where a person eats, 
 drinks, and sleeps, or where his family, or his servants, 
 eat, drink, and sleep {R. v. North Curry, 4 B. & C. 959 ; 
 R. v. Hammond, 17 Q. B. 781 ; Allen v. Greensill, 4 M. G. 
 & S. 100). The question of whether there has been 
 such a degree of inhabitance as to be, in substance and 
 in common-sense, a residence, is a question of fact in 
 each case {R. v. Exeter, Mayor of, Westcombes Case, L. R. 
 4 Q. B. no, and cp. Dipstales Case, ib. 114). 
 
 In order to constitute residence, a person must possess 
 at least a sleeping apartment, but an uninterrupted 
 abiding at such dwelling is not requisite. Absence, no 
 matter how long, if there be the liberty of returning at 
 any time, and no abandonment of the intention to return 
 whenever it may suit the person's pleasure or con- 
 venience so to do, will not prevent a constructive legal 
 residence {Poivell v. Guest, 18 C. B. N.S. 80 ; Bond v. 
 St. George, Hanover Square, Overseers of, L. R. 6 C. P. 
 314; Ward V. Maconochie, per Lawrance, J., 7 Times 
 L, R. 536 ; and see A', v. Sargent, 5 T. R. 468 ; A', v.
 
 Guardians. 4^ 
 
 Richmond, Dulr of, 6 T. R. 560 ; A\ v. Mitchell, 10 East, Chap. II. 
 
 517)- 
 
 But the residence must be real, substantial, and bona 
 
 fide, and not colourable ( Whithorn v. Thomas, i Lutw. 
 125 ; 7 M. & G. i). And although there need not be 
 an uninterrupted abiding in one place during the whole 
 twelve months, yet there must be the power of returning 
 at any time ; and if a person by his own act, or by force 
 of law, is debarred from returning whenever it suits his 
 pleasure or convenience so to do, he cannot be said to 
 have even a constructive residence. Thus, a person 
 serving under articles to a solicitor in London cannot be 
 said to reside in his father's house in Exeter, although 
 the latter keeps a bedroom in his house for his son's 
 exclusive benefit ; for, being bound by his articles, he 
 has neither the liberty nor the intention to return to the 
 room whenever he likes {Ford v. Drezv, 5 C. P. D. 59) ; 
 and so, also, a person who has contracted to give his 
 personal services daily at such a distance from the 
 qualifying property as practically to prevent his return- 
 ing thereto without a breach of the contract during the 
 term of the service, cannot be said to reside there {Beat 
 V. Exeter, Toivn Clerk of, 20 O. B. D. 300). And where a 
 person had left England for^ Australia, keeping a room 
 in the borough to which he was always able and had the 
 intention of returning, but was only physically resident 
 in the borough during five weeks of the whole twelve 
 months, it was held that "residence " in the statute was 
 used in the ordinary sense, and that there was no suffi- 
 cient residence to qualify him for election ( Ward v. 
 MaconocJiie, 7 Times L. R. 536). 
 
 A clergyman who has exchanged duties and residence 
 with another for two months, and has thus given up the 
 liberty of returning to his own house during that period, 
 has not resided there during such two months {Ford v. 
 Pje, L. R. 9 C. P. 269 ; and see Dnrant v. Carter, ib. 
 261). A person imprisoned more than seven miles from 
 the borough is not, during the time he is in prison, sni 
 juris, or at liberty to return to his house, and therefore 
 does not reside there during that term {Pozvell v. Guest, 
 18 C. B. N.S. 72 ; ace. Donelly v. Graham, 24 L. R. Ir. 127). 
 A student occupying rooms in a college at a university, 
 under regulations which prohibit his residing in or visiting 
 his rooms during vacation without the express permission . 
 of the college authorities, cannot be said to reside in
 
 42 Qnalijicatioii of j\I embers. 
 
 Chap. II. such rooms {Tanner v. Carter, i6 Q. B. D. 231). An 
 officer in the army is subject to the Queen's will and 
 pleasure, and is not sni juris, or at liberty to proceed at 
 his own pleasure to the house he occupies during his 
 leave of absence, and therefore does not reside there 
 {Fordv. Hart, L. R. 9 C. P. 273 ; ace. Ford v. Barnes, 
 16 B. B. D. 254; Spittallw. Brook, 18 O. B. D. 426; 
 Mart hi v. HanraJiani, 22 L. R. Ir. 452 ; and cp. R. v. 
 Mitchell, 10 East, 511). A sailor who has entered into 
 an agreement under which he is compelled to serve on 
 board ship, does not, while so serving, reside in his 
 dwelling-house {Duffy v. Chambers, 26 L. R. Ir. 100). 
 
 The seven miles are to be measured in a straight line 
 on a horizontal plane, and may be determined by the 
 ordnance survey map (M.C.A. s. 231) ; as to the meaning 
 of " ordnance map," see 52 & 53 Vict. c. 6'^, s. 25. 
 Rating. The next essential is that the burgess shall have been 
 
 rated in respect of the qualifying property to all poor 
 rates made during the twelve months for the parish 
 wherein the property is situate (M.C.A. s. 9, sub.' 2 {d). 
 
 The occupier of every rateable hereditament is to be 
 entered in the rate book, whether the rate is collected 
 from the owner or the occupier, and such occupier is 
 deemed to be duly rated, and any occupier whose name 
 has been omitted, is, notwithstanding such omission, and 
 that no claim to be rated has been made by him, entitled 
 to every qualification and franchise depending upon 
 rating, in the same manner as if his name had not been 
 so omitted (52 & 53 Vict. c. 41, s. 19). This provision 
 is of general application, and is not confined to cases 
 where an agreement has been made under s. 3 of 32 & 
 ^T) Vict. c. 41, or v/here an order has been made under 
 s. 4 of the same Act (41 & 42 Vict. c. 26, s. 14). 
 
 If an occupier of any qualifying property claims to be 
 rated to the poor rate in respect thereof, and pays or 
 tenders to the overseers the full amount of the poor rate 
 last made in respect of the property, the overseers shall 
 put his name in the rate book in respect of that rate 
 (M.C.A. s. 32, sub. i). If they fail to do so, he shall 
 nevertheless, for the purposes of the M.C.A., be deemed 
 to be rated to that rate {ib. sub. 2 ; and see Unwin v. 
 McMullen (1891) i O. B. 694). 
 
 As to what constitutes occupation as a tenant, and 
 not as a servant, so as to entitle the occupier to have 
 his name entered in the rate book, see Smith v. Seghill,
 
 Guardians. 43 
 
 Overseers of, L, R. lo O. B. 422 ; Marsh v. Estconrt, Chap. II. 
 
 24 O. B. D. 147; UmvTu V. McMidlen (1891) i O. B. 
 
 694^ 
 
 When a person succeeds to qualifying property by 
 descent, marriage, etc., the rating of the predecessor is 
 equivalent to the rating of the successor, and need not 
 be proved (M.C.A. s. 33, sub. i). 
 
 A poor rate is not made until it is both signed by the 
 overseers and allowed by the justices {Jones v. Bubb, 
 L. R. 4 C. P. 468). It is deemed to be made on the 
 day on which it is allowed by the justices, and if the 
 justices sever in their allowance, then on the day of the 
 last allowance (32 & 33 Vict. c. 41, s. 17). 
 
 The fifth and last essential is that the burgess shall 
 have, on or before the 20th of July, paid all such rates 
 as have become payable by him in respect of the 
 qualifying property up to the then last preceding 5th of 
 January. 
 
 Every payment of a rate by the occupier, notwith- 
 standing the amount thereof, may be deducted from his 
 rent, and every payment of a rate by the owner, whether 
 he is himself rated instead of the occupier, or has agreed 
 with the occupier or with the overseers to pay such rate, 
 and notwithstanding any allowance or deduction which 
 the overseers are empowered to make from the rate, 
 shall be deemed a payment of the full rate by the occu- 
 pier for the purpose of any qualification or franchise 
 which, as regards rating, depends upon the payment of 
 the poor rate (32 & ^}, Vict. c. 41, s. 7). 
 
 The payment of an instalment of a rate payable by 
 instalments shall, as respects any qualification or fran- 
 chise depending upon the payment of the poor rate, be 
 deemed a payment of such rate in respect of the period 
 to which the instalment applies (32 & 33 Vict, c, 41, 
 s. 15) ; and so also as regards the borough rate (M.C.A. 
 s. -i)},, sub. 3), and county rates (51 & 52 Vict. c. 10, s. 2, 
 sub. 2). 
 
 When by way of commission, or abatement, or de- 
 duction under 32 & 33 Vict. c. 41, an allowance or 
 deduction shall actually be made, the same shall, for the 
 purpose of every qualification or franchise depending 
 upon rating, or upon payment of rates, be deemed to 
 have been duly made in pursuance of every or any 
 agreement, order, notice, or proceeding necessary for the 
 validity thereof under that Act, and to be an allowance
 
 44 Qualification of Members. 
 
 Chap. II, or deduction which the overseers are empowered to 
 make ; and no qiiaHfication or franchise depending 
 upon rating or upon payment of rates shall be defeated 
 by reason of such allowance or deduction not having 
 been made in pursuance of an agreement in writing, 
 order in writing, or notice in writing, or by reason of 
 the want or insufficiency of any agreement, order, notice, 
 or proceeding necessary for the validity thereof under 
 that Act, or by reason of any informality or defect in 
 the making thereof (42 & 43 Vict. c. 10, s. 2). 
 
 Payment of the entire rate by one or more of parties 
 jointly rated is a payment by each of them ; and a 
 pa}'ment made on behalf of the ratepayer, if made by 
 a person whom he has procured to do so by giving him 
 value for it, as payment by his landlord in consideration 
 of higher rent ( Wright v. Stockport, Toivn Clerk of, 
 I Lutw. 32 ; 5 M. & G. 33 ; Moger v. Escott, L. R. 
 7 C. P. 158), or in part remuneration for the ratepayer's 
 services, is a good payment {H?tghes v. CJiatliaiii, Over- 
 seers of, 5 M. & G. 54 ; I Lutw. 51). But excusal from 
 payment on the ground of poverty is not equivalent to 
 payment for the purposes of the qualification {Abel v. 
 Lee, L. R. 6 C. P. 365) ; and a purely voluntary pay- 
 ment by third parties (e.g. by political persons for political 
 purposes) does not entitle the persons whose rates are 
 thus paid to be registered (/v. v. Bridgnorth, Mayor of, 
 10 A. & E. 66). 
 
 A poor rate becomes due as soon as it has been pub- 
 lished in the manner required by law (17 Geo. II. c. 3, 
 s. I ; 7 Will. IV. & I Vict. c. 45, s. 2). A demand upon 
 the ratepayer is not necessary to render the amount 
 due. 
 
 But a poor rate does not become payable unless it is 
 valid on the face of it (Fox v. Davies, 6 C. B. 11 ; 2 Lutw. 
 97 ; A'. V. Dyott, L. R. 9 O. B. 47). Thus, if the rate be 
 not signed by two justices, it is not valid on its face, 
 and does not, therefore, become payable at any time 
 {Fox V. Davies, 6 C. B. 1 1 ; 2 Lutw. 97). And if there is 
 anything left undone which the law requires to be done 
 to create the liability to pay — thus, if an incoming tenant 
 has not been called upon to pay a rate not paid by the 
 outgoing tenant — that rate is not one which has become 
 pa>-able {Flatchcr v. Boodle, 18 C. B. N.S. 152). A rate 
 which does not, by its heading or by something in the 
 body of the rate, show by what authorit}^ and for what
 
 Guardians. 45 
 
 purposes it is made, is void (/v. v. Eastern Counties Chai\JI. 
 Raihvay Co., 5 E. & B. 974). Non-payment of an illegal 
 rate {R. v. Neii' Windsor, Mayor of, 7 O. B. 908), or 
 of a rate barred by the statute, does not disentitle a 
 person to be registered as a burgess {AVGratk v. 
 Bitchanan, 26 L. R. Ir. 124); but the non-payment of 
 a rate valid on its face will so disentitle {Baker v. Locke, 
 II L. T. 567). 
 
 The non-payment of a rate made under a local Act 
 does not disqualify, although the town council have 
 power to enforce it as a borough rate (R. v. Lichfield, 
 Mayor, etc. of, 2 Q. B. 693). 
 
 If all the above essentials are fulfilled, the burgess is Disqualifica- 
 qualified, unless he {inter alia) is an alien. An alien ^^°"^^^^[,^°'^" 
 is a person born out of the dominions of the Crown of ^^^^^^^^ 
 England; out of the allegiance of the king (i Black/ 
 Comm. ^66). An alien to whom a certificate of natural- 
 ization has been granted by a secretary of state is 
 entitled to all political and other rights, powers, and 
 privileges, and is subject to all obligations to which a 
 natural-born British subject is entitled or subject (33 & 34 
 Vict. c. 14, s. 7 ; and see further as to aliens. Election 
 Agent, pp. 66, 343). 
 
 And the burgess must not, within the twelve months. Parochial 
 have received union or parochial relief, or other alms ^q^^^. ^^j^^^ 
 (M.C.A. s. 9, sub. 3 {b)). 
 
 A payment made by poor law guardians to a pauper 
 by way of relief, not of wages, and measured by the 
 wants of the applicant and not by the quantity of the 
 work done by him, is " parochial relief or other alms " 
 {Margarillv. Whitehaven, Overseers of, 16 O. B. D. 242). 
 A payment made out of the parish funds to or on 
 account of those whom a person is by law bound to sup- 
 port, viz., his wife, his children under sixteen years old 
 (4 & 5 Will. IV. c. ^6, s. 56), the legitimate or illegitimate 
 children of his wife born prior to his marriage with her 
 until such children attain sixteen or their mother dies 
 {ib. s. 57), is relief given to such person. The mother of 
 an illegitimate child is, while unmarried or a widow, 
 bound to maintain such child until the child attains 
 sixteen, and therefore relief given to such child is relief 
 given to her {^ib. s. 71), and a married w^oman, having 
 separate property, is subject to all such liability for the 
 maintenance of her children and grandchildren as her 
 husband is now by law subject to (45 & 46 Vict. c. 75,
 
 46 Qualification of JMeinhers. 
 
 Chap. II. g_ 21), and therefore relief giv'en to any such child or 
 grandchild is relief given to the mother or grandmother 
 (as the case may be). But a person is not bound to 
 support his parents, except on an order of justices, and 
 so relief given to his parent does not disqualify the 
 burgess {R. v. Ireland, L. R. 3 Q. B. 130; Trotter \. 
 Trevor, 32 L. J. C. P. 59 ; McDermott v. Chambers, 
 22 L. R. Ir. 432). 
 
 The excusal from payment of poor rate on the ground 
 of poverty, is not "parochial relief" within the above 
 statute {Mashiter v. Dnnn, 6 C. B. 30) ; nor vaccination, 
 nor the surgical or medical assistance incident to vacci- 
 nation performed or rendered by a public v'accinator 
 {30 & 3 1 Vict. c. 84, s. 26) ; nor the remission of school 
 fees on account of the poverty of the parent (33 & 34 
 Vict. c. 75, s. 17) ; nor the payment by the guardians of 
 the school fees of any child whose parent, though not a 
 pauper, is unable by reason of poverty to pay such fees 
 (39 & 40 Vict. c. 79, s. 10) ; nor the receipt of medical 
 or surgical assistance from the trustees of municipal 
 charities ; nor the removal by order of a justice to a 
 hospital or place for the reception of the sick at the cost 
 of any local authority ; nor the admission of the voter's 
 child to any public or endowed school (M.C.A. s. 33, 
 sub. 4 ; 51 & 52 Vict. c. 10, s. 2, sub. 2) ; nor the admis- 
 sion of any person suffering from infectious disease into 
 any hospital provided by the managers of the Metro- 
 politan Asylum District (54 & 55 Vict. c. y6, s. So, 
 sub. 4), or by a county council under the Isolation 
 Hospitals Act, 1893 (56 & 57 Vict. c. 68, s. 23) ; nor the 
 receipt of medical or surgical assistance at the expense 
 of any poor rate (48 & 49 Vict. c. 46, s. 2 ; and see 
 HoneybojLrne v. Hanibridge, 18 O. B. D. 418). 
 
 The word " parochial " applies to " alms " as well as to 
 relief, and the provision consequently applies only to 
 such alms as are parochial {R. v. Lichfield, Mayor of, 
 2 O. B. 693 ; and see R. v. Haleszvorth, 3 B. & Ad. 717) ; 
 and therefore it would seem that it does not include the 
 receipt of money distributed annually from the income 
 of a public charitable institution established by an 
 individual for the poor of the borough not receiving 
 relief from any parish therein (//;. ; but see Harrison v. 
 Carter, 2 C. P. D. 26 ; Smith v. Hall, 15 Scott, N.S. 485 ; 
 Baker v. MonnioutJi, Toivn Clerk of, 34 \V. R. 64 ; 
 Edwards v. Lloyd, 20 O. B. D. 302 ; Dix v. Kent,
 
 Guardians. 47 
 
 7 Times L. R. 46, as to the disqualification of parliamen- Chap. II. 
 taiy voters by receipt of alms). 
 
 Lastly, the burgess must not be disentitled to be 
 enrolled under any Act of Parliament. He therefore 
 must not have been convicted on indictment, or reported 
 guilt}' of any corrupt practice at any parliamentary, 
 municipal, local government or school board election 
 {sQQ. post, p. 60), nor have been convicted of any illegal 
 practice at any similar election (see post, p. 62), nor have 
 been convicted of treason or felony and sentenced to 
 death or penal servitude, or any term of imprisonment 
 with hard labour exceeding twelve months, unless he has 
 suffered the punishment to which he has been sentenced 
 or any substituted punishment (33 «&: 34 Vict. c. 23, s, 2). 
 The enactment relating to the disqualification of a 
 town councillor is M.C.A. s. 12, as follows : — 
 
 (i.) A person shall be disqualified for being elected 
 and for being a councillor, if and while he — 
 
 {a.) Is an elective auditor or a revising assessor, or 
 holds any office or place of profit, other than 
 that of mayor or sheriff, in the gift or disposal 
 of the council ; or 
 {b^l Is in holy orders, or the regular minister of a dis- 
 senting congregation ; or 
 (r.) Has directly or indirectly, by himself or his partner, 
 any share or interest in any contract or em- 
 ployment with, by, or on behalf of the council : 
 (2.) But a person shall not be so disqualified, or be 
 deemed to have any share or interest in such a contract 
 or employment, by reason only of his having any share 
 or interest in — - 
 
 {a.) Any lease, sale, or purchase of land, or any agree- 
 ment for the same ; or 
 (/^) Any agreement for the loan of money, or any 
 
 security for the payment of money only ; or 
 (r.) Any newspaper in which any advertisement re- 
 lating to the affairs of the borough or council is 
 inserted ; or 
 id) Any company which contracts with the council 
 for lighting or supplying with water or insuring 
 against fire any part of the borough ; or 
 (^.) Any railway company, or any company incorpo- 
 rated by Act of Parliament or Royal Charter, or Elective 
 under the Companies Act, 1862. auditor, and 
 
 An elective auditor is elected by virtue of M.C.A. 'evising
 
 48 QHalificatioii of JMcinbcrs. 
 
 Chap. II. s. 25, sub. I. The office of revising assessor is abolished 
 
 by 51 & 52 Vict. c. 10, s. i. 
 
 Office or place Several of the offices specified ante, p. 35, are offices or 
 of profit. places of profit in the gift or disposal of the town council 
 
 and which consequently disqualify the holder for being 
 elected or being a town councillor. The disqualifica- 
 tion ceases as soon as the office ceases (M.C.A. s. 12, 
 sub. i). See further as to offices or places of profit, 
 post, pp. 52, 55- 
 Clergy. A person shall be disqualified for being elected and 
 
 for being a town councillor if and while he is in holy 
 orders, or the regular minister of a dissenting congrega- 
 tion (M.C.A. s. 12, sub. I (/;)). A clerk in holy orders 
 and a regular minister of a dissenting congregation are 
 thus under a disqualification from which they are 
 exempt as county councillors (L.G.A. 1888, s. 2, 
 sub. 2 ici)), and as parish councillors (see Election of 
 Parish Councils, p. 70). Such a person is thus disquali- 
 fied for election as a guardian under the town councillors 
 qualification, but he is not disqualified altogether (see 
 post, p. 51). 
 Share or A person shall be disqualified for being elected and 
 
 interest in any £qj. j-jgi^g g. town Councillor if and while he has, directly 
 employment, or indirectly, by himself or his partner, any share or 
 interest in any contract or employment with, by, or on 
 behalf of the council (M.C.A. s. 12, sub. i {c)). 
 
 So far as this enactment disqualifies a person who has 
 "directly or indirectly, by himself or his partner, any 
 share or interest in any contract or employment with, 
 by, or on behalf of the council," this enactment corre- 
 sponds with the provision in the L.G.A. s. 46, sub. i (^), 
 which disqualifies any person, whatever his qualification, 
 for being elected or being a guardian who " is concerned 
 in any bargain or contract entered into with the board 
 of guardians, or participates in the profit of any such 
 bargain or contract, or of any work done under the 
 authority of the board," and the decisions cited post, p. 56, 
 in connection with that provision apply equally to this 
 enactment. So far also as this enactment exempts 
 certain contracts and employments from the disquali- 
 fication thereby enacted, it is very similar to the corre- 
 sponding exemption contained in L.G.i\. s. 46, sub. 2, 
 which is fully discussed /^j-/, p. 55. 
 
 The permitted contracts or employments \\hich da 
 not disc^ualify a person for being elected, or for being
 
 Guardians. 49 
 
 a town councillor (iM.C.A. s. 12, sub. 2, ante, p. 47), are Chap. ii. 
 similar to those enacted in the L.G.A. s. 46, sub. 2, with 
 regard to all persons seeking to be elected, or to act, as 
 guardians, and this branch of the subject is fully dealt 
 with, post, p. 59. 
 
 Any member of the town council who has been con- Misapplication 
 victed of the misdemeanour named in M.C.A. s. 124, of corporate 
 sub. 6, viz., who has authorised or directed any payment P"^"!^*^"^ ^• 
 or application of corporate property forbidden by M.C.A. 
 s. 124, or who has assented to, or concurred or partici- 
 pated in, any affirmative vote or proceeding relating 
 thereto, or who has signed or sealed in his individual 
 capacity, or affixed the corporate seal to any instrument 
 by that section declared void, is disqualified for being 
 elected or for being a councillor (M.C.A. s. 124, sub. 6), 
 It \\\\\ be observed that there is no disqualification until 
 conviction. 
 
 The following persons are also disqualified for being 
 elected or for being town councillors : — 
 
 An undischarged bankrupt (M.C.A. s. 39, subs, i, 3, Bankrupts, 
 and see further hereon, /^j^V, p. 54). "^oundSnci 
 
 A debtor who compounds by deed with his creditors, debtors.'' 
 and has not paid his debts in full, or who makes an 
 arrangement or composition wnth his creditors under the 
 Bankruptcy Act, 1883, by deed or otherwise, and has 
 not paid his debts in full or obtained his certificate of 
 discharge (M.C.A. s. 39, sub-s. i, 3, and see further hereon, 
 post, p. 54). 
 
 Persons convicted of corrupt or illegal practices, as to Corrupt and 
 which, SQ&pOSt, pp. 60, 62. '!JaSkes 
 
 Persons convicted of treason or felony, as to which, see L, 
 
 •' 1 reason or 
 
 post, p. 53. _ felony. 
 
 Any commissioned officer in the army on full pay is Military 
 incapable of being nominated or elected to, or of hold- officers, 
 ing, any office in any municipal corporation (44 & 45 
 Vict. c. 58, s. 146). But officers of the militia, yeomanry, 
 or volunteers, are not so disqualified (44 & 45 Vict. 
 c. 58, s. 181, sub. 5), and are therefore eligible as town 
 councillors. 
 
 The following persons are exempt from serving the Exceptions 
 office of town councillor : — ^'^°|" service 
 
 Any person disabled by lunacy or imbecility of mind, councillors, 
 or by deafness, blindness, or any other permanent 
 infirmity of body (M.C.A. s. 34, sub. 3 {a) ). 
 
 Any person who, being above the age of sixty-five 
 
 E
 
 50 
 
 Qnalificatioii of Members. 
 
 Other 
 
 Qualified 
 
 Persons. 
 
 Chap. II. years, claims exemption within five days after notice of 
 his election (M.G.A. s. 34, sub. 3 {b) ). 
 
 Any person who, having within five years before the 
 day of his election served the office to which he has 
 been elected, claims exemption within five days after 
 notice of his election (M.C.A. s. 34, sub. 3 (/;) ). 
 
 Any person who, having within five years before the 
 day of his election, paid the fine for non-acceptance of 
 office, claims exemption within five days after notice of 
 his election (M.C.A. s. 34, sub. 3 (/;) ). 
 
 Any person who pays the fine for non-acceptance of 
 the office to which he has been elected (M.C.A. s, 34, 
 sub. i). 
 
 Any person enabled by law to make an affirmation 
 instead of taking an oath, and who refuses on con- 
 scientious grounds to take any oath or make any 
 declaration required by the M.C.A., or to take on him- 
 self the duties of the office to which he has been elected 
 (M.C.A. s. 36, sub. 3). 
 
 Having now considered the qualifications of a guardian 
 as enacted by the L.G.A., there arc certain persons 
 whose qualifications must also be considered before pro- 
 ceeding to the consideration of the disqualifications 
 attaching to a person who would otherwise be eligible 
 as a guardian. 
 Blind persons. A blind person is eligible to parliament (Election 
 Agent, p. 65), and as a county councillor (Election of 
 County Councils, p. 24) and town councillor {ante, p. 35), 
 though exempt from serving either of the two latter 
 offices (M.C.A. s. 34, sub. 3 {a) ; E.G. A. 1888, s. 2). 
 There is nothing to disqualify a blind person from being- 
 elected to or serving the office of guardian, and if there- 
 fore he is a parochial elector, or possesses the residential 
 qualification, he is eligible, though exempt from service 
 (G. O. r. 26, par. i ; M.C.A. s. 34, sub. 3). 
 Civil servants. Civil servants are eligible as guardians, though some 
 of them are exempt from service (see post, p. 64), and 
 may be prohibited by the terms of their appointment 
 from seeking election. By a minute dated the 14th of 
 August, 1894. the Lords of the Treasury have laid down 
 that an established civil servant should be excluded 
 from becoming a candidate for election to a district 
 council, inasmuch as the meetings of a district council 
 may be held during hours required for official duty, but 
 that the case is different as regards parish councils, and
 
 G7iaydians. 5 1 
 
 that in any case in whicli the head of the department is Chap. il. 
 
 satisfied that attendance on a parish council will not " 
 
 interfere with the performance by a civil servant of his 
 official duties, he should be at liberty to become a 
 candidate for election to the council. 
 
 Priests and deacons of the Church of England and Clergy, 
 ministers of the Church of Scotland arc ineligible as 
 members of parliament (see Election Agent, p, 80) ; and 
 a person in holy orders or the regular minister of a 
 dissenting congregation is ineligible as a town councillor 
 (M.C.A. s. 12, sub. I {b)). But no such disqualifications 
 are enacted as regards guardians, and the clergy and 
 dissenting ministers, if parochial electors or possessing 
 the residential qualification, are therefore eligible. 
 
 Officers and members of county councils, district Officers and 
 
 councils, parish councils, and town councils are not "^^mbers of 
 ,..,,' ^ ,. ' other local 
 
 meligible as guardians. authorities. 
 
 Peers are ineligible to parliament (Election Agent, peers. 
 p. 92), but peers owning property in the county are 
 eligible as county councillors (Election of County 
 Councils, p. 18). The L.G.A. is silent as to peers, and 
 therefore a peer who is a parochial elector, or who 
 possesses the residential qualification (see ante, p. 32), 
 is eligible as a guardian. But a non-resident peer, who 
 is not a parochial elector, although an owner of property 
 in the parish, is ineligible. 
 
 A person ceasing to hold the office of guardian shall, Re-Eligi- 
 unless disqualified to hold the office, be re-eligible (G.O. bility. 
 r. 26, par. i ; M.C.A. s. I'j). This provision is not con- 
 fined to a retiring guarclian as is the corresponding 
 provision relating to a parish councillor (L.G.A. s. 47, 
 sub. 2). 
 
 The disqualifications specially attaching to a town Disqualifi- 
 councillor, and thus to a person who seeks election as cations 
 a guardian under the town councillors' qualification, local 
 having already been considered {ante, p. 47), we now Govern- 
 come to the consideration of disqualifications attaching ^ient Act 
 to any person who seeks to be elected or to act as a ^j^j^ ^j^ 
 guardian, and which attach under whatever qualification Acting. 
 the person may seek election or claim to act. , 
 
 A person shall be disqualified for being elected, or enactment, 
 being a member or chairman of a board of guardians 
 ifhe— 
 
 (rt.) is an infant or an alien ; or 
 
 (^.) has within twelve months before his election, or 
 
 E 2
 
 52" Qualification of Members. 
 
 Chap. II. since his election, received union or parochial 
 
 reh'ef (see/.'oY, p. 53) ; or 
 (c.) has, within five years before his election or since 
 his election, been convicted either on indict- 
 ment or summarily of any crime, and sentenced 
 to imprisonment with hard labour without the 
 option of a fine, or to any greater punishment, 
 and has not received a free pardon, or has, 
 within or during the time aforesaid, been ad- 
 judged bankrupt, or made a composition or 
 arrangement with his creditors {see posf, p. 53) ; 
 or 
 (c/.) holds any paid ofiice under the board of guardians 
 
 {see post, p. 55) ; or 
 {e.) is concerned in any bargain or contract entered 
 into with the board, or participates in the profit 
 of any such bargain or contract or of any work 
 done under the authority of the board (L.G.A. 
 s. 46, sub. I ; see post, p. 55). 
 This provision is in the nature of a penal enactment, 
 and therefore to be strictly construed, and no one is to be 
 held disqualified who is not clearly within the vv'ords of 
 the section (see Aslatt v. Southampton, Corporation of, 
 16 Ch. D. 143). It will be observed that these disqualifi- 
 cations apply not only to a candidate for election, but 
 to a guardian after election, and that thus if any of these 
 disqualifications attaches to a guardian at any time 
 while in office, he instantly becomes incapable of acting, 
 and should at once cease to act or he will incur the 
 penalty for acting when disqualified (see post, p. 149). 
 Election includes both the nomination and the poll 
 (L.G.A. s. 75, sub. 2), and therefore a candidate must 
 not, it would seem, be disqualified either at the nomina- 
 tion or the poll, though it is no doubt arguable that as a 
 person is not "elected" until his election has been com- 
 pleted, he is eligible for election if, although disqualified 
 when nominated, he is qualified when elected ; in other 
 words, that it is sufificient if he rids himself of his dis- 
 qualification between the date of his nomination and the 
 date of his election. But this point has not }'et been 
 raised or decided, and the truer view appears to be that 
 a person disqualified for election is also disqualified for 
 nomination. 
 
 We will now consider the above-named disqualifica- 
 tions in their order.
 
 Guardians. 53 
 
 {a^ As to when an infant attains full age, see ante, Chap. II. 
 p. 36, and as to who is an alien, see ante, p. 45. _ T ~ 
 
 {b.) The twelve months are calendar months (52 & 53 alien. 
 Vict. c. ^i, s. 3) and must be reckoned consecutively ; union or 
 and as "election" includes nomination (L.G.A. s. 75, parochial 
 sub. 2), the twelve months must b? reckoned from the ""elief. 
 person's nomination, and not merely from the time he 
 goes to the poll or is declared elected. Thus a person 
 nominated on the 5th of December, 1S94, must not have 
 received union or parochial relief at any time between 
 that date and 5th of December, 1893 ; as to what is such 
 relief, see ante, p. 45. It will be observed that the 
 words " or other alms," which are often to be found in 
 similar disqualifying enactments {e.g. M.C.A. s. 9, ante, 
 p. 45), are omitted from this provision, and therefore 
 an occupant of an almshouse, if possessing the residential 
 qualification, is not ineligible. Relief given by way of 
 loan does not perhaps disqualify (see Oldham, i O'AI. & 
 H. 161). 
 
 {c.) It will be noticed that under this provision there is Conviction 
 no disqualification unless and until there is both a con- ^"'i ''"P"^°'^" 
 viction, and a sentence of imprisonment with hard labour ^fme.""^ 
 without the option of a fine, or a sentence of some 
 greater punishment. A crime is a public wrong, the 
 subject of indictment, and is either a misdemeanor or a 
 felony. An offence punishable on summary conviction 
 may be a crime within this provision {Conybeare v. 
 London School Board (1891) i O. B. 118). Penal ser- 
 vitude is a greater punishment than imprisonment with 
 hard labour. The five years must be reckoned from the 
 person's nomination, and not merely from the time he 
 goes to the poll or is declared elected (see ante, p. 52). 
 
 The discharge out of custody in the case of a free 
 pardon, or the performance of the condition in the case 
 of a conditional pardon, or the endurance of the pun- 
 ishment to which the felon has been adjudged, has the 
 effect of a pardon under the great seal \j %i'^ Geo. IV. 
 c. 28, s. 13 ; 9 Geo. IV. c, 32, s. 3 ; Hay v. London, 
 Justices of Toii'cr Division of, 24 O. B. D. 561). 
 
 Where any offender, convicted of any felony not 
 punishable with death, has endured the punishment to 
 which he has been adjudged, such punishment has the 
 like effect and consequences as a pardon under the great 
 seal as to the felony whereof the offender was so con- 
 victed (9 Geo. IV. c. 32, s. 3) ; but a person transported
 
 54 
 
 Qualification of 3Teinbers. 
 
 Bankruptcy, 
 composition, 
 or arrange- 
 ment with 
 creditors. 
 
 Chap. II. to a penal colony, and who escapes therefrom before his 
 sentence has expired, cannot be said to have " endured 
 the punishment to which he has been adjudged," for 
 transportation is being sent out of the country to some 
 place, and there to remain, to endure and suffer the 
 sentence of transportation {Tipperary, 3 O'M. & H. 
 
 43, 44). 
 
 The bankruptcy must be an adjudication in bank- 
 ruptcy under 46 & 47 Vict. c. 52, s. 20. A receiving- 
 order under ib. s. 5 is not sufficient to disqualify. The 
 composition or arrangement with creditors may be one 
 effected outside the Bankruptcy Acts (see per Haw- 
 kins, J., in R. V. Cooban, 18 O. B. D. 269, 274), as well as 
 one effected under its provisions, but whichever it be, it 
 must have become operative and binding ; a mere offer, 
 or acceptance of an offer, of a composition or of a pro- 
 posal for an arrangement will not disqualify. A person 
 disqualified " since his election " continues so disqualified 
 for five years (see L.G.A. s. 46, sub. i {c) ; and sec 53 & 54 
 Vict. c. 71,5. 9), or until the disqualification ceases under 
 the provision next to be noticed. 
 Cesser of (lis- Where a person is disqualified by being adjudged 
 qualification, bankrupt, the disqualification shall cease when the 
 adjudication is annulled, or when he obtains his dis- 
 charge with a certificate that his bankruptcy was caused 
 by misfortune without any misconduct on his part 
 (L.G.A. s. 46, sub. 4). As to the circumstances under 
 which a bankruptcy may be annulled, see 46 & 47 Vict. 
 c. 52, ss. 23, 35 ; and as to those under which the court 
 will grant a certificate that the bankruptcy was caused 
 by misfortune without misconduct, see ib. s. 32, sub. 2 ; 
 Re Burgess, ex parte Burgess, 35 W. R. 702 ; Re Lord 
 Colin Campbell, 20 O. B. D. 816. 
 
 The disqualification by composition or arrangement 
 continues for five years from the time the composition, 
 etc., has become effective (see L.G.A. s. 46, sub. i) or until 
 payment of the debts in full (ib, sub. 4), whichever first 
 happens (/v. v. WelcJipool, Mayor, etc. of, 35 L. T. 594 ; 
 ex parte AtJierton, 2 Times L. R. 631). A person who 
 compounds with his creditors docs not pay his debts in 
 full {Hanhvick \. Brozvn, L. R. 8 C. P. 406 ; and sec 
 Fletcher v. Saunders, 49 J. P. 424). An assignment by 
 deed of the whole of a debtor's property to a trustee for 
 the benefit of those creditors who shall sign the deed 
 with a discharefc to the debtor from all debts due from
 
 Guardians. 5 5 
 
 the signing creditors, but which deed names no sum as Chap. ir. 
 the composition to be paid to the creditors, is not a com- 
 position with creditors within the meaning of the L.G.A. 
 {R. V. Cooban, iS O. B. D. 269). 
 
 These provisions of the L.G.A. seem to supersede the 
 similar disquahfications on adjudication contained in the 
 Bankruptcy Act, 1883 (46 & 47 Vict. c. 52, s. 32), and 
 which have been held not to be retrospective (;r Pid- 
 boroiigh School Board {i^g^) i O. B. 725). 
 
 (d.) This is taken from P.H.A, sch. II. r. 64. The Paid office 
 paid office must be held under the board of guardians, ""^er board, 
 and therefore a paid office held under an independent 
 body, such as a joint committee, will not disqualify, 
 although some members of the independent body be 
 also members of the board, and although the expenses 
 of the independent authority be wholly or partly paid 
 by or by order of the board (see R. v. Ra^vlins, 25 
 O. B. D. 382). 
 
 The office must be a paid office ; an office to which no 
 salary or emolument is attached is not a paid office 
 {R. v. Barf or d, Rawlinson, 92). But if the office is one 
 capable of producing a profit, or out of which the holder 
 may reasonably be expected to make a profit, the holder 
 is the holder of a paid office, and the disqualification is 
 not avoided by his allowing another to receive the salary, 
 13rofit, or emolument, instead of receiving same himself 
 (see Delane v. Hillcoat, 9 B. & C. 310 ; and see Todd v. 
 Robinson, 14 O. B. D. 739). Nor can, it is submitted, 
 the disqualification be avoided by the holder of an office 
 to which a salary or pecuniary emolument is ordinarily 
 attached, offering to waive the remuneration, and to act 
 gratuitously so long as he also holds the office of 
 guardian. 
 
 A payment to a medical practitioner under the Notifi- 
 cation of Infectious Diseases Act, 1889, does not disqualify 
 for the office of guardian (52 & 53 Vict. c. 72, s. 11). 
 
 {e.) This is a re-enactment of P.H.A. sch. II. r. 64 ; Bargain or 
 and its intention is that a guardian shall be free from contract with 
 any interest in the acts of the board of guardians, and ^°^'^^- 
 from bias of every sort. 
 
 It will be observed that the disqualification is based 
 on being " concerned " in any bargain or contract, etc., 
 and that this term is apparently narrower than the 
 phrase " concerned or interested " to be found in some 
 similar enactments {e.g. P.H.A. s. 193). For it has been
 
 56 
 
 Qualification of Uleiiibcrs. 
 
 Chap. II. 
 
 What is a 
 " bargain or 
 contract." 
 
 held that a shareholder in a company having a contract 
 with a local authority is " interested " in such contract, 
 though the court declined to say whether he was also 
 " concerned " in such contract ; and, semble, although 
 " interested " he is not " concerned " in such a contract 
 {Todd V. Robinson, 14 O. B. D. 739). The distinction 
 has not been observed in all the decided cases, but has 
 to be borne in mind in considering the facts and circum- 
 stances of any alleged case of disqualification. 
 
 A person who holds a continuing contract for the 
 supply of goods to a local authority {Nic/iolson v. Fields, 
 7 H. & N. 810 ; Fletcher v. Hudson, 7 O. B. D. 611) ; a 
 sub-contractor who is employed to do a portion of the 
 work which another has entered into a contract to do 
 {Nnttcn v. Wilson, 22 O. B. D. 744) ; and a person who 
 is employed to make preparations to enable a contractor 
 to execute work which he has contracted with a corpora- 
 tion to do {Tomkins v. Joliffe, 51 J. P. 247), have each 
 been held to be " concerned " in such contracts. A 
 surveyor who prepares bills of quantities for which he is 
 paid by the contractor to the corporation ( Whitcley v. 
 Barley, 21 O. B. D. 154), and a person who lets rooms to 
 a local autliority {Burgess v. Clark, 14 O. B. D. 735), are 
 "concerned or interested" in the contract with the cor- 
 poration or local authority. A person who lends money 
 to a contractor to enable the latter to carry out his 
 contract, and who takes an assignment of such contract 
 by way of security for his loan, has been held to be 
 "interested" in such contractor's contract {Hunnings v. 
 Williamson, 11 O. B. D. 533). 
 
 The question '"of what is a " bargain or contract " 
 within an enactment such as that now under considera- 
 tion has been the subject of many decisions. 
 
 A continuing bargain or contract for the supply ot 
 goods or for work to be done, to or for the board of 
 guardians, is within the enactment ( JVoolley v. Kay, 
 I H. & N. 307 ; Nicholson v. Fields, 7 H. & N. 810; 
 Lewis V. Carr, l Ex. D. 487 ; Fletcher v. Hudson, 
 7 O. B. D. 611 ; and see Toiusey v. White, 5 B. & C. 
 125) ; and the contract, if a continuing one, is not the 
 less a contract because the amount sold under it is small 
 (Nellv. Longbottom (1894) i O. B. 'jG^). But a trifling 
 bargain and isolated transaction, such as the purchase of 
 a single article in a shop, though the price be not paid 
 {IVoolley V. Kay, i H. & N. 307), or be paid at the time
 
 Guardians. 5 7 
 
 {Nicholson v. Fields, 7 H. & N. 810; and see Lezvis v. Chap. II. 
 Carr, i Ex. D. 487), has been held not to disqualify. 
 And where the goods supplied are such as the local 
 authority are bound to supply to all comers, such as gas 
 or water, and the supply is of the ordinary kind, and at 
 the same price, and upon the same conditions as apply 
 in the case of all applicants, it is submitted that no dis- 
 qualification arises, and that such a contract is not within 
 the mischief intended to be aimed at. 
 
 The bargain or contract must be continuing ; where it Contract 
 
 has been fully performed, and there is nothing for the'"^f. ^^. 
 
 . . continiiin*^, 
 
 contractor to do but to receive payment, no disqualifica- '^^ 
 
 tion arises {Leivis v. Can-, i Ex. D. 484 ; Woolley v. 
 Kay, I H. & N. 307 ; and see Royse v. Birley, L. R, 
 4 C. P. 296). If therefore a continuing contract be de- 
 termined before the candidate is nominated for election, 
 he is not disqualified ; and if it be determined after 
 election, the disqualification ceases with the determina- 
 tion of the contract. 
 
 But a contractor who has completely executed works 
 for the board, and has no further concern in the contract, 
 except to receive retention moneys, held over under the 
 terms of the contract for a stated period, during which 
 period he is liable to make good the works executed 
 under the contract is, it is submitted, disqualified, as the 
 contract cannot, until the expiration of the stated period, 
 be considered at an end, and meanwhile the contractor 
 has a strong interest in seeing that no captious objections 
 are taken to the work he has executed, and that the 
 retention moneys are restored to him intact. 
 
 If before election a candidate assigns his interest in a Assignment of 
 contract with the board, although the assignment has contract, 
 not been formally completed, he is no longer concerned 
 in the contract within the meaning of the enactment (see 
 Dartmouth, B. & Arn. 460 ; Maidstone, Rog. 1204). But 
 if, though assigning his interest, he remains liable on the 
 contract, and on bonds given to secure its due per- 
 formance, he is interested, and therefore concerned, in 
 the contract, and is disqualified (see Cox v. Ambrose, 
 60 L. J. O. B. 114). And if a councillor lends money to 
 a contractor to enable the latter to carry out his con- 
 tract, and takes an assignment of that contract by way 
 of security for his loan, he is disqualified as having an 
 interest, and therefore a concern, in the contract (see 
 Hiuinings V. Williamson, 11 O. B. D. 533).
 
 58 
 
 QuaUfication of Members. 
 
 Chap. II. 
 
 Sub-con- 
 tractor. 
 
 Trustee. 
 
 Contract 
 with indepen- 
 dent body. 
 
 Secret 
 contract. 
 
 Invalid 
 contract. 
 
 Participation 
 in profit. 
 
 A sub-contractor employed to do a portion of the 
 work contracted for {Nutton v. Wilson, 22 O. B. D. 744), 
 or to make preparations for the execution of such work 
 {Toinkinsv. Jolijfe (51 J. P. 247), or who lets a horse 
 and cart to the contractor to be used in executing the 
 work contracted for {Toivsey v. White, 5 B. & C. 125), is 
 within the section ; but not a sub-vendor who merely 
 sells goods which are used in carrying out the contract 
 {Le Feuvre v. Lankester., 3 E. & B. 530). 
 
 If the contractor is a mere trustee for the guardian, 
 the latter has an interest, and is therefore concerned, in 
 the contract, and is disqualified (see Simpson v. Ready, 
 12 M. & W. Tl^). But if the guardian is a mere trustee 
 for some other person who is interested in the contract, 
 the guardian is probably not within the enactment. 
 
 The bargain or contract must be entered into with the 
 board of guardians ; a bargain or contract entered into 
 with an independent body, such as a joint committee, 
 is not within the provision, even though some members 
 of the board be also members of such independent body. 
 But a contract with a pre-existing body whose powers 
 have been transferred to the board, may be a contract 
 within the enactment (see Le Feuvre v. Lankester, 
 3 E. & B. 530). 
 
 A contract entered into without the knowledge of the 
 guardian, or against his orders, and of which he takes 
 no benefit, does not, it seems, disqualify {Miles v. 
 Mclhvraith, 8 App. Cas. 120). But a contract entered 
 into with the partner of the guardian, within the scope 
 of the partner's authority and for the benefit of both 
 partners, disqualifies, even though the guardian has no 
 personal knowledge of the contract {Davies v. Harvey, 
 L, R. 9 O. B. 433)- 
 
 The contract may disqualify, even though the guardian 
 cannot sue on the contract for want of due execution 
 (see R. V. Francis, 18 O. B. 526 ; and see Mellis v. Shirley 
 Local Board, 16 6. B.I). 446, where it was decided that 
 a contract in which an officer of a sanitary authority is 
 "concerned or interested" is illegal and void under 
 P.HA. s. 193, and cannot be enforced). 
 
 The disqualification arising from a participation in 
 profit renders the partner of a contractor with the board 
 ineligible as a guardian. "Profit" is the excess of 
 ordinary receipts over expenses properly chargeable to 
 revenue account (see Mills v. Nothern Raihvay of Buenos
 
 Gtiardians. 59 
 
 Ayres Co., L. R. 5 Ch. 621, 631); the amount got out Cha.i'. ti, 
 of the bargain, contract or work, less the cost of getting 
 it ; the excess of earnings over expenses (sec Mersey 
 Docks and Harbojtr Board v. Lucas, 51 L. J. Q. B. 114, 
 116). 
 
 It is further enacted by way of proviso on the previous Contracts 
 enactment {ante, p. 51), that a person shall not be ^Jj^J^jl^J^" "°^ 
 disqualified for being elected or being a member or 
 chairman of board of guardians by reason of being 
 interested — • 
 
 [a.) in the sale or lease of any lands or in any loan of 
 
 money to the board ; or 
 (/^) in any newspaper in which any advertisement 
 relating to the affairs of the board is inserted ; 
 or 
 {c.) in any contract with the board as a shareholder 
 in any joint stock company ; but he shall not 
 vote at any meeting of the board on any 
 question in which such company are interested, 
 except that in the case of a water company, 
 or other company established for the carrying 
 on of works of a like public nature, this pro- 
 hibition may be dispensed with by the county 
 council (L.G.A. s. 46, sub. 2). 
 {a.) This enactment is taken from P.H.A. sch. II. Sale, lease, 
 r. 64. The words " sale or lease of any lands " include 1°^"' bridge, 
 a sale or lease by the board as well as one to the board materials, 
 (see R. V. Gaskarth, 5 O. B. D. 321); but it will be 
 observed that the exception in connection with a loan 
 of money is confined to a loan to the board, and that 
 a loan by the board to the candidate, guardian, or chair- 
 man is not within this exception, and disqualifies as 
 being a contract with the board (L.G.A. s, 46, sub. i {e), 
 ante, p. 52). "Land" includes messuages, tenements, 
 and hereditaments, houses, and buildings of any tenure 
 (52 & 53 Vict. c. ^Tj, s. 3), and the above enactment 
 applies to a letting for one day as well as to a longer 
 lease {Nellw Longbottoni (1894) i O. B. ^6-], 771). 
 
 ib) This is a re-enactment of 48 & 49 Vict. c. 53, 
 s. 4, now repealed by L.G.A. s. 89. 
 
 \c^ This is a re-enactment of P.H.A. sch. II. r. 64, Newspaper 
 
 advertise- 
 ment. 
 
 and is a remedial provision to prevent a guardian from 
 
 falling within the disqualification contained in L.G.A. shareholde 
 
 s. 46, sub. I {e), ante, p. 52 {Todd v. Robinson, 14 O. B. D. in company. 
 
 739. 745).
 
 6o 
 
 Qualification of Members. 
 
 Chap, II, 
 
 Other Dis- 
 qualifica- 
 tions. 
 
 Corrupt 
 practices. 
 
 The prohibition against the shareholder-guardian 
 voting on any question in which the company are 
 interested is similar to, but narrower than, that which 
 prevents a member of a county or town council from 
 voting or taking part in the discussion of any matter 
 before the council, or a committee, in which he has, 
 directly or indirectly, by himself or his partner, any 
 pecuniary interest {M.CA. s, 22, sub. 3 ; L.G.A. 1888, 
 s, 75), The dispensation from the prohibition which a 
 county council may grant is limited to the case specified 
 in the sub-section, and must be applied for in each par- 
 ticular case. What may be the true construction of the 
 words " other company established for the carrying on 
 of works of a like public nature," it is difficult to say. 
 Had the word " like " been omitted, the phrase would 
 include gas, electric, and possibly tramway companies, 
 all of whom are established to carry on works of a public 
 nature ; but the word " like " restricts the class of 
 companies to such as are of a like public nature to 
 water companies. 
 
 In addition to the disqualifications thus enacted by the 
 L.G.A., there are others arising under other statutes or 
 at common law. 
 
 A person convicted on indictment, or reported guilty 
 by an election court, within seven years last past, of 
 any corrupt practice at a parliamentary election is dis- 
 qualified to be elected or to be a chairman or guardian 
 (C.I.P.P.A. s. 6, sub. 3 ; ss. 4, 64). The report must 
 distinctly find the person guilty of the offence ; a mere 
 statement of facts from which guilt may be inferred is 
 insufficient {Grant \. Paghani, Overseers of, 3 C. P. D, 80), 
 This disqualification is unlimited as to the area over 
 which it extends, and such a person is therefore dis- 
 qualified during the above period throughout England 
 and Wales. 
 
 A person convicted, or reported guilty by an election 
 court, within seven years last past, of any coiTupt prac- 
 tice at a municipal election is similarly disqualified 
 (M.E.C.I.P.A. s, 2, sub, 2 ; s, 3, sub, i). This disquali- 
 fication is also unlimited as to the area over which it 
 extends. 
 
 The disqualification for corrupt practices at an election 
 for a county council (L.G.A, 1888, ss. 2, 75), or for a 
 board of guardians, district council, or parish council 
 (L.G.A. s, 48, sub. 3), is the same as at a munigipal elec-
 
 Guardians. 6i 
 
 tion. A person reported, within three years last past, Chap. tt. 
 by an election court, guilty by his agents of any corrupt 
 practice at any of the above elections held in the union 
 for which he stands as candidate, is similarly disqualified 
 (L.G.A. 1888, ss. 2, 75 ; M. E.C.I. P.A. s. 3, sub. 2 ; s. 36, 
 sub. I {b) ; G.O. r. 27). 
 
 A person convicted, or reported guilty by an election 
 court, within seven years last past, of 'any corrupt prac- 
 tice, at any of the following elections, viz. : member of a 
 local board, member of improvement commissioners. 
 poor law guardian, member of school board, is dis- 
 qualified for being elected or for being a guardian (L.G.A, 
 s. 48, sub. 3 ; M. E.C.I. P.A. s. 36). A person reported, 
 within three years last past, by an election court, guilty 
 by his agents of any corrupt practice at any of the above 
 elections held in the district for which he stands as can- 
 didate, is similarly disqualified {ib). 
 
 Any person convicted of an offence against the Public 
 Bodies Corrupt Practices Act, 1889, is, at the discretion 
 of the court before which he is convicted, in the event of 
 a second conviction for a like offence, liable to be adjudged 
 to be for ever incapable of holding any public ofiice 
 {52 & 53 Vict, c, 69, ss. I, 2). The expression "public 
 body" means, inter alia, any council of a county or 
 county of a city or town, any council of a municipal 
 borough, and any body which has power to act under 
 and for the purposes of any Act relating to local govern- 
 ment, or the public health, or to poor law (//;. s. 7). 
 
 A person who is deaf and dumb is ineligible to parlia- Deaf and 
 ment (see Election Agent, p. 65) ; and is probably also dumb person, 
 ineligible as a guardian. If elected, he is exempt from 
 service (G.O. r. 26, par. i ; M.C.A. s. 34, sub. 3). 
 
 It has been said that an habitual drunkard is not Drunkard, 
 ineligible as a town councillor, and that, if elected, he 
 cannot be removed from his office of town councillor 
 {Alexander y. Jenkins (1892) i O. B. 797), and if so, such 
 a person would doubtless be held to be eligible and 
 irremovable as a guardian. But this case, so far as it 
 decides this point, is in conflict with a previous decision 
 not cited in the argument or judgments {R. v. Taylor, 
 3 Salk. 231), and it is difficult to see how an habitual 
 drunkard can be deemed to be a " fit " person, or capable 
 of acting as a town councillor (M.C.A. s, 11, sub. i), or 
 of executing an office of trust and honour such as' that 
 of guardian ; and, on the contrary, it is submitted that
 
 62 Qualification of Members. 
 
 Chap. II. he does not differ in principle from a lunatic and is 
 
 " ineligible. 
 
 Illegal A person convicted of an illegal practice at a parlia- 
 
 practices. mentary election is incapable, during five years from the 
 
 date of his conviction, of being registered as an elector, 
 
 or voting at any election for a public office held for or 
 
 within the county or borough in which the illegal practice 
 
 was committed (C.I.P.P.A. ss. lo, 64). Such a person 
 
 is therefore incapable of being registered as a parochial 
 
 elector, and is thus, during a like period, disqualified for 
 
 election as a guardian at any election held within such 
 
 county unless he possesses the residential qualification. 
 
 A person convicted of an illegal practice at a muni- 
 cipal election, or at an election for a member of a county 
 council, local board, improvement commissioners, poor 
 law guardian, school board, district council, or parish 
 council, is incapable, during five years from his convic- 
 tion, of being registered as an elector, or voting at any 
 election for a public office, held for or within the borough, 
 county, district, union, parish or ward, in which the 
 illegal practice was committed (M. E.C.I. P.A. ss. 7, ^6, 
 34 ; L.G.A. 1888, ss. 2, 75 ; L.G.A. s. 48, sub. 3) ; and is 
 therefore incapable of being elected a guardian during a 
 like period at any election held for or within such 
 parish (//;.), unless he possesses the residential quali- 
 fication. 
 
 Any candidate at any of the above elections whose 
 election has been avoided for extensive illegal practices 
 or illegal payments, etc., at such election, shall not, 
 during the period for which he was elected to serve, 
 or for which, if elected, he might have served, be capable 
 of being elected to or holding any corporate office in the 
 said borough, county, district, union, parish or ward 
 (M.E.C.I.P.A. ss. 18, 36, sub. i). "Corporate office" 
 means any of the following offices, viz. : mayor, alder- 
 man, councillor and elective auditor in a municipal 
 borough (IM.C.A. s. 7, sub. i ; M.E.C.I.P.A. s. 36, sub. i) ; 
 chairman, vice-chairman, alderman and councillor of a 
 county council (L.G.A. 1888, s. 75) ; member of a local 
 board, improvement commissioners, or school board, and 
 guardian of the poor (M.E.C.I.P.A. s. 36, sub. i {b))\ and 
 member of a district or parish council (L.G.A, s. 48, 
 sub. 3). 
 Idiot or An idiot, being incapable of taking care of himself or 
 
 lunatic, j-jjg affairs, is incapable of attending to the affairs of
 
 Guardians. 6 
 
 others, and is ineligible as a guardian. If elected, he is Chap, II. 
 exempt from service (G.O. r. 26, par. i ; M.C.A. s. 34, 
 sub. 3). An idiot or natural fool is one that hath no 
 understanding from his nativity, and who, therefore, is 
 by law presumed never likely to attain any (i Black. 
 Comm. 303). 
 
 A lunatic is probably eligible during a lucid interval, 
 for his lunacy ma}' never return (see Election Agent, 
 p. 64). But a person sane at the time of election, who 
 afterwards becomes lunatic, is probably removable from 
 his office of guardian (see ib). 
 
 A lunatic is one who hath had understanding, but by 
 disease, grief, or other accident, hath lost the use of his 
 reason (i Black. Comm. 304). He is a person that hath 
 lucid intervals (id.) ; one who is sometimes of good and 
 sound memory and understanding, and sometimes not 
 (Heyw. Co. 260). 
 
 A man cannot be a judge in his own cause, and there- Ketuming 
 fore a returning officer cannot return himself (see i?. v. °^'^^^'- 
 Owens, 2 E. & E. ^6; R. v. White, L. R. 2 O. B. 557 ; 
 R. V. Morton (1892) i O. B. 39), and is ineligible as 
 guardian at any election at which he acts as returning 
 officer. 
 
 A person convicted of treason or felony, for which he Treason or 
 shall be sentenced to death, or penal servitude, or any f^lo">- 
 term of imprisonment with hard labour, or exceeding 
 twelve months, and who has not endured the punishment 
 to which he has been adjudged, or such other punish- 
 ment as may be substituted, or received a free pardon, 
 shall be incapable of holding any place or office in any 
 corporation (33 & 34 Vict. c. 23, s. 2 ; and see Tipperary, 
 3 O'M. & H. 19, 37). Such a person is therefore dis- 
 qualified for election as a guardian ; but there is no dis- 
 qualification until conviction (see i Roe. 116 ; New Ross, 
 2 P. R. & D. 189), and if an appeal or error be pending 
 against the conviction, the disqualification does not, it 
 would seem, attach until such appeal or proceeding in 
 error be determined. 
 
 No master of a workhouse nor any relieving officer Workhouse 
 shall be qualified to be appointed to any parochial office, master and 
 except where the Local Government Board may autho- officer"^ 
 rise a relieving officer to hold a paid office in a parish 
 (13 & 14 Vict. c. loi, s. 6). It seems doubtful whether 
 the office of guardian is a parochial office within the 
 meaning of this provision.
 
 64 
 
 Qjtalification of Members. 
 
 Chap. II. 
 
 Assistant 
 overseer and 
 paid officer. 
 
 EXEMrTIONS 
 FROM 
 
 Servick, 
 
 Army reserve. 
 
 Blind, deaf, 
 or infirm. 
 
 Customs 
 officers. 
 
 Dentists. 
 
 Elected for 
 more than one 
 parish. 
 
 Factory 
 inspectors. 
 
 Fined for non- 
 acceptance. 
 
 Inland 
 
 revenue 
 
 officers. 
 
 Lunatic or 
 imbecile. 
 
 Medical 
 practitioners. 
 
 No person, during the time for which he may serve or 
 hold the office of assistant overseer of any parish, nor 
 any paid officer engaged in the administration of the 
 laws for the relief of the poor, nor any person who, 
 having been a paid officer, shall have been dismissed 
 within five years previously from such office, under the 
 provisions of the Act 4 & 5 Will. IV. c. jG, shall be 
 capable of serving as a guardian ; and no person receiv- 
 ing any fixed salary or emolument from the poor rates 
 in any parish or union shall be capable of serving as a 
 guardian in such parish or union (5 & 6 Vict. c. 57, s. 14). 
 The first part of this enactment is wider than the latter 
 part, as it disqualifies for any parish or union, whereas 
 the latter part of the enactment disqualifies only for the 
 particular parish or union. 
 
 The following persons are exempt from serving the 
 office of chairman or guardian : — 
 
 A man belonging to the army reserve (45 & 46 Vict, 
 c. 48, s. 7). 
 
 Any person disabled by deafness, blindness, or any 
 other permanent infirmity of body (G.O. r. 26, par. i ; 
 M.C.A. s. 34, sub. 3). 
 
 Any commissioner, officer, clerk, or other person acting 
 in the management or service of the customs (39 & 40 
 Vict, c. 36, s. 9). 
 
 Dentists registered under the Dentists Act, 1878 
 (41 & 42 Vict. c. 33, s. 30). 
 
 Any person who is elected guardian in more than one 
 parish or other area in the poor law union for which the 
 election is held, and who accepts office or pays the fine 
 for non-acceptance of office in respect of one of such 
 areas, is exempt from service in any other of such areas 
 (G.O. r. 26, par. i ; M.C.A. s. 34, sub. 5). 
 
 Inspectors of factories under the Factor}' and W^ork- 
 shop Act, 1878 (41 & 42 Vict. c. 16, s. Gy). 
 
 Any person who, having been elected, pays the fine 
 for non-acceptance of office (G.O. r. 26, par. i ; M.C.A. 
 s. 34, sub-ss. I, 5). 
 
 Any officer, commissioner, collector, or person em- 
 ployed under the authority of the commissioners of 
 inland revenue (53 & 54 Vict. c. 21, s. 8). 
 
 Any person disabled by lunacy or imbecility of mind 
 (G.O. r. 26, par. i ; M.C.A. s. 34, sub. 3). 
 
 Any medical practitioner registered under the Medical 
 Act, 1858 (21 & 22 Vict. c. 90, s. 35).
 
 Guardians. 65 
 
 Any person who has been elected without his consent CiiAr. it. 
 to his nomination being previously obtained (G.O. r. 26, • — - 
 par. I ; M.C.A. S. 34, sub. 6). Nominated 
 
 ^, ' '^^ ' . „ - , without his 
 
 1 he postmaster-general and any officer of the post- consent. 
 
 office (7 Will. IV. & I Vict. IZ, S. 12). Postal officers. 
 
 Registrars of births, deaths, or marriages (7 Will. IV. Registrars of 
 
 & I Vict. C. 22, S. 18). births, etc. 
 
 B. — Rural District Councillors, 
 
 The provisions of this Act with respect to the qualifi- Qualifica- 
 cation (see ante, p. 31), and retirement of guardians (see 1^^°^ ^^^ 
 ante, p. 11), and to the qualification of the chairman of J^^^ting 
 
 the board of guardians (see ante, p. 6), shall apply to ' 
 
 district councillors and to the chairman of the district Statutory 
 council of a rural district, and any person qualified to ^"^'=^"^^"'- 
 be a guardian for a union comprising the district shall 
 be qualified to be a district councillor for the district 
 (L.G.A. s. 24, sub. 4). The last words of this provision 
 "for a union comprising the district" extends the 
 qualification so as to include persons who, though not 
 qualified within the district yet possess a sufficient 
 qualification for the union comprising the district. 
 
 A person qualified to be elected or to be a rural 
 district councillor must therefore be — 
 
 {a) A parochial elector of some parish within the 
 
 district (as to which, see post, p. 68) ; or 
 {I?.) A person who has during the whole of the twelve 
 months preceding the election resided in the 
 district (as to which, see ante, p. 32) ; or 
 (c.) A person who, though not qualified either as 
 parochial elector or as a resident within the 
 district, is yet so qualified within the union com- 
 prising the district. 
 ^ The same persons are exempt from service as rural Exemptions 
 district councillors as are exempt from service as ^"^^"^ service, 
 guardians (see ante, p. 64). 
 
 A person disqualified for being a guardian shall also Disqualifi- 
 be disqualified for being a rural district councillor cations. 
 (L.G.A. s. 46, sub. 5). As to disqualifications for the 
 office of guardian, see ante, p. 51. 
 
 In addition to the contracts applicable to guardians Contract for 
 which do not disqualify, the following applies to a ^"Pply of 
 member of a rural district council :— Ii"cfmaterials. 
 
 A person shall not be disqualified for being elected or 
 
 F
 
 66 Qualification of Uleuibers. 
 
 CHAr, II. being a member or chairman of a district council by 
 
 reason of being interested in any contract with the 
 
 council for the supply from land, of which he is owner 
 or occupier, of stone, gravel, or other materials for 
 making or repairing highways or bridges, or in the 
 transport of materials for the repair of roads or bridges 
 in his own immediate neighbourhood (L.G.A. s. 46, 
 sub, 2 ((?) ). 
 
 This enactment is taken from 54 & 55 Vict. c. 63, s. 5, 
 with the addition of the words as to the transport of 
 materials for repairs, and the omission of the limit 
 of i^50 per annum contained in that enactment. 
 The "highways or bridges" are apparently not, but 
 the " roads or bridges " certainly are, limited to such as 
 are in the " immediate neighbourhood " of the con- 
 tractor ; but unless in any case a distinction can be 
 drawn between "highway" and "road," the difference in 
 this respect in this provision is immaterial. District 
 councils are surveyors of highways (P.H.A. s. 144), and 
 as such are empowered, with the consent of the vestry, 
 now the parish council, to contract for the supply and 
 carriage of materials required for the repair of highways 
 and bridges, not being county bridges (5 & 6 Will, IV, 
 c. 50, ss. 5, 46), and therefore it is enacted that such a 
 contract shall not create a disqualification. What roads 
 or bridges arc in the contractor's "own immediate 
 neighbourhood " is a question of fact in each particular 
 case ; " neighbourhood " signifies a place which is nigh, 
 that is nigh to one's habitation (Crabb Syn.) ; it is a 
 stronger word than "vicinity," which latter word does 
 not denote so close a connection as " neighbourhood " 
 (Webster's Diet.) ; and " immediate neighbourhood " is 
 of course a stronger term than " neighbourhood." 
 
 C— Urban District Councillors. 
 
 v^uALiFicA.- A person shall not be qualified to be elected or to be 
 TioN FOR ai-j urban district councillor unless he is a parochial 
 aSTchng elector of some parish within the district, or has during 
 
 ' ' the whole of the twelve months preceding the election 
 
 Statutory resided in the district, and no person shall be disqualified 
 
 enactment. ^^ ^^^ ^^ marriage for being elected or being a councillor 
 
 (L.G.A. s. 23, sub. 2). So much of any enactment, whether 
 
 in a pubh'c, general, or local and personal Act, as relates
 
 Urban District Coinicillors. 6j 
 
 to the qualification of a member of an urban sanitary CuAr. II. 
 authority shall be repealed {ib.). This enactment corre- 
 sponds with that with respect to the qualification of a 
 i^uardian, with the omission of the town councillor's 
 qualification contained in the latter. The subject is 
 fully dealt with ante, p. 31, ^/ seq. 
 
 It is also enacted that as from the appointed day Abolition of 
 there shall be no ex officio or nominated members of the ex officio ixaii 
 urban district council (see L.G.A. s. 23, sub. i). This ^^^^mbers'^ 
 abolishes the members of an urban sanitary authority 
 selected under P.H.A. sch. II. r. 71. 
 
 The same persons are exempt from service as urban Exemptions 
 district councillors as are exempt from service as ^^°^ service, 
 guardians (see ante, p. 64). 
 
 The disqualifications enacted by the L.G.A. with Disqualifi- 
 respect to guardians apply also to urban district coun- cati on. 
 cillors (see L.G.A. s. 46, sub-ss. i, 2, 4, and ante, p. 51). 
 
 The exception with respect to a contract for the Contract for 
 supply of materials for making or repairing highways or f^PPj^ °^ ■, 
 bridges applies in the case of an urban district councillor roacf 
 as in the case of a rural district councillor (see ajite, materials, 
 p. 65). 
 
 1' 2
 
 ( 68 ) 
 
 PART II. 
 THE ELECTORS. 
 
 Chap. III. 
 
 CHAPTER III. 
 THE PAROCHIAL ELECTORS. 
 
 Who are 
 
 Parochial 
 
 Electors. 
 
 PAGE 1 
 
 PACE 
 
 Who are Tarochial Elec- 
 
 
 Persons Prohibited from 
 
 tors .... 
 
 68 
 
 Voting. . . .72 
 
 Local goveriwient register 
 
 69 
 
 Aliens . . . .72 
 
 Parlia77ientary register 
 
 69 
 
 Candidate . . . -72 
 
 Freemen .... 
 
 70 
 
 Clerks, messengers, and poll- 
 
 Separate list of parochial 
 
 
 ing agents . . . t:^ 
 
 electors .... 
 
 70 
 
 Corrupt practices . -73 
 Drunkards . . .73 
 
 Register of Tarochial 
 
 
 Idiots . . . .74 
 
 Electors 
 
 70 
 
 Illegal practices . . .74 
 
 Qualifications in sez'cral 
 
 
 Infants . . . .74 
 
 parishes 
 
 70 
 
 Infirm persons . . .74 
 
 In parish ivards 
 
 70 
 
 Lunatics . . . .75 
 
 In polling districts . 
 
 71 
 
 Parochial relief oi other alms 76 
 
 Ntimber of votes possessed 
 
 
 Police constables . . . 76 
 
 by each elector . 
 
 71 
 
 Returning officers . . 76 
 
 Conclusiveness of register 
 
 72 
 
 Treason or felony . . 76 
 
 The parochial electors are the persons registered in 
 the register of parochial electors (L.G.A. s. 2, sub. i ; 
 s. 44, sub. i) ; and the expression "parochial elector," 
 when used with reference to a parish in an urban district, 
 or in the county of London or any county borough, 
 means any person who would be a parochial elector of 
 the parish if it were a rural parish (//;. s. 75, sub. 2). 
 The register of parochial electors consists of the local 
 government register of electors and the parliamentary 
 register of electors, so far as they relate to a parish 
 (il?. s. 44, sub. i), and the separate list of parochial 
 electors of the parish (//;. s. 44, sub-ss. 6, 8).
 
 Tlie ParocJiial Electors. 69 
 
 The subjects of registration and of capacity for regis- Chap. Til. 
 tration arc beyond the scope of this book, but it may be ~ 
 
 convenient shortly to state who arc entitled to be entered 
 upon the above-mentioned registers and list. 
 
 The " local government register " means, as respects Local govem- 
 an administrative county in England and Wales, other ment register, 
 than a county borough, the county register, and as 
 respects a county borough or other municipal borough, 
 the burgess roll (52 & 53 Vict. c. 6^^ s. 17, sub. 3).^ 
 
 The county register comprises all persons registered 
 as burgesses or county electors in the county (51 & 52 
 Vict. c. 10, s. 7, sub. i). 
 
 The local government register of electors, so far as it 
 relates to a parish, consists of men, unmarried women, 
 and widows, registered in respect of the occupation, as 
 owner or tenant, of — 
 
 (i) A house, warehouse, counting-house, shop, or other 
 building (the old burgess qualification). 
 
 {2) Some land or tenement of the clear yearly value 
 of noi; less than ^10 (the £\o occupation 
 qualification). 
 
 The " parliamentary register of electors " means a Parliamentary 
 register of persons entitled to vote at any parliamentary register. 
 election (52 & 53 Vict. c. 6^, s. 17, sub. 2) ; and, so far 
 . as relates to a parish, it comprises men registered in 
 respect of — 
 
 (3) The ov/nership of freehold, copyhold, or leasehold 
 
 property of the requisite value (the ownership 
 qualification). 
 
 (4) The occupation, as tenant, of land or tenements of 
 
 a yearly rent of not less than ;^ 50 (the £^0 
 rental qualification). This qualification is 
 abolished, except as regards persons already 
 on the register in 1884 in respect of this 
 qualification (48 Vict c. 3, ss. 10, 12). 
 
 (5) The occupation, as owner or tenant, of some land 
 
 or tenement of the clear yearly value of not less 
 than _^io (the £\o occupation qualification). 
 
 (6) The occupation, as inhabitant occupier, of a dwell- 
 
 ing-house, or of some part of a house sepa- 
 rately occupied as a dwelling (the household 
 and service qualifications). 
 
 (7) The occupation, as lodger, of lodgings, of the clear 
 
 yearly value, if let unfurnished, of ;^io or 
 upwards (the lodger qualification).
 
 70 
 
 TJie Parochial Electors. 
 
 Chap. III. 
 Freemen. 
 
 Separate list 
 of parochial 
 electors. 
 
 Register of 
 
 Parochial 
 
 Electors. 
 
 Qualifications 
 in several 
 parishes. 
 
 In parish 
 wards. 
 
 Freemen, although registered on the parliamentary 
 register of electors, are not so registered in respect of 
 any qualification in a parish, and the part of the register 
 in which their names appear does not relate to any 
 parish (see L.G.A. s. 44, sub. i;, nor are they persons 
 who would be parochial electors of the parish if it were 
 a rural parish {ib. s. 75, sub. 2). The qualification of a 
 freeman has no reference to the ownership or occupation 
 of property, and he is not, it is submitted, entitled to 
 vote as a parochial elector. 
 
 The separate list of parochial electors comprises — 
 
 (8) Men and unmarried women entitled to vote as 
 
 parochial electors, but who are not entitled to 
 be registered for voting as county or parlia- 
 mentary electors. 
 
 (9) Married women entitled to be registered and to 
 
 vote as parochial electors, 
 
 A person, if duly qualified, may be registered in more 
 than one register of parochial electors (L.G.A. s. 44, 
 sub. 4), and therefore may be registered in the register 
 of, and may vote in, every parish in which he is qualified 
 as a parochial elector. A person registered in the 
 parliamentary register to vote in a polling district other 
 than the district comprising the parish, is entitled to 
 vote as a parochial elector for that parish {ib. s. 44, 
 sub, 5). At an election for a union or for a district not 
 a borough, an elector shall not vote in more than one 
 parish or other area in the union or district {ib. s. 48, 
 sub. 2 (ii.) ). A husband and wife shall not both be 
 qualified in respect of the same property {ib. s. 43) ; if, 
 therefore they possess but one qualifying property in the 
 parish, one of them can alone be registered or vote as a 
 parochial elector for that parish ; if they possess two or 
 more qualifying properties in the parish, both may be 
 registered, and, if registered, may vote as parochial 
 electors of that parish. So also if they possess qualifying^ 
 properties in several parishes. 
 
 In an undivided parish or urban district the parochial 
 electors of the parish or district shall be the electors of 
 the guardians or urban district councillors for the parish 
 or district. In a parish or urban district divided into 
 wards for the election of guardians, or urban district 
 councillors, the electors of the guardians or urban 
 district councillors for each ward shall be such of the 
 parochial electors as are registered in respect of
 
 The Parochial Electors. "Jl 
 
 qualifications within the ward (L.G.A. s. 20, sub. 3 ; ib. Cii.w. ITT. 
 
 s. 23, sub. 3) ; in a rural district, the councillors shall be 
 
 elected by the parishes or other areas for the election of 
 
 guardians in the district {ib. s. 24, sub. i, and see ante, 
 
 p. 21). The lists and registers of electors shall be 
 
 framed in parts for wards of urban districts and parishes 
 
 in such manner that they may be conveniently used as 
 
 lists for polling at elections for any such wards {ib. s. 44, 
 
 sub. 3 ; and see s. 84, sub-ss. 3, 4) ; and an elector shall 
 
 not be permitted to vote in more than one ward {ib. 
 
 s. 48, sub. 2 (iii.) ; G.O. r. 31, par. 2 ; U.O. r. 29, par. 2 ; 
 
 R.O. r. 30, par. 2). There is nothing in the statute to 
 
 confine the franchise of a parochial elector to any 
 
 particular ward of the parish, and if, therefore (for 
 
 example), a parochial elector be registered in the 
 
 registers of two wards of the same parish, he may give 
 
 his one vote in either ward at his option, but cannot 
 
 vote in both wards at the same election ; at different 
 
 elections {e.g. bye-elections) held for the two wards, he 
 
 may apparently vote in either ward, and thus at different 
 
 times in both wards. If a parochial elector be wrongly 
 
 left on the register for ward A, and be wrongly omitted 
 
 from ward B, and the mistake is not discovered until 
 
 after the register has been published, there appears to be 
 
 no means of correcting the error before the next revision 
 
 of the register, unless it be by mandamus to the revising 
 
 barrister (see R. v. Eastbourne, Toivn Clerk of, 66 L. T. 
 
 323). 
 
 If the parish or district is divided into polling districts, ^"^P?^^J^"S 
 each parochial elector shall give his vote in the polling 
 district in which the property in respect of which he is 
 entitled to vote is situate, and if it is situate in more 
 than one polling district, he may vote in any one (but in 
 one only) of the polling districts in which it is situate 
 (G.O. r. 14, par. 2; U.O. r. 13. par. 2; R.O. r. 13, 
 par. 2). 
 
 Each elector may give one vote and no more for each Number of 
 of any number of persons not exceeding the number to g°g^g/,';'y'g^ch 
 be elected (L.G.A. s. 20, sub. 4; s. 23, sub. 4; s. 24, ^1^^^^^. 
 sub. 4). Plural voting is thus abolished ; the voter gives 
 one vote and no more, and he votes irrespective of the 
 amount of his assessment to the poor rate, or the value 
 of his qualifying property. For example, if there be five 
 guardians or councillors to be elected, and six candidates, 
 the elector may give five votes, one to each of five
 
 72 
 
 The ParocJiial Electors. 
 
 Chap. III. 
 
 Conclusive- 
 ness of 
 register. 
 
 Persons 
 Prohibited 
 
 FROM 
 
 Voting. 
 Aliens, 
 
 Candidate. 
 
 candidates ; but he cannot give nnorc than one vote to 
 each or any one of the candidates. 
 
 Any person whose name is not in the register of the 
 parochial electors of the parish shall not be entitled to 
 vote as a parochial elector, and any person whose name 
 is in that register shall be entitled to vote as a parochial 
 elector, unless prohibited from voting by the L.G.A. or 
 any other Act of Parliament (L.G.A. s. 44, sub. i), or, 
 seuiblc, by the common law. The mere fact of the entry 
 on the register of parochial electors of a person's name 
 is thus conclusive as to his or her right to vote ; the 
 returning officer and his presiding officers are not entitled 
 to look behind that register, or to refuse to allow any 
 person to vote whose name appears thereon ; and a 
 person's vote cannot, even on a scrutiny held in an 
 election petition, be struck off for want of non-residence, 
 or for any irregularity preliminary to registration 
 {Stowe V. Joliffe, L. K. 9 C. P. 734). The vote of any 
 person prohibited by statute from voting may, however, 
 be struck off on a scrutiny held in an election petition, 
 and so also, it is submitted, may the vote of any person 
 prohibited by the common law ; but if the name of any 
 such person appears on the register of parochial electors, 
 he is entitled to demand and to receive a voting paper 
 notwithstanding his legal incapacity, and his vote must 
 be left to be struck off, if at all, on a scrutiny (see ib). 
 
 It is thus necessary to consider what persons are pro- 
 hibited from voting, and whose votes are liable to be 
 struck off on a scrutiny held in an election petition. 
 
 An alien is not entitled to be registered on the local 
 government register of electors (see 51 & 52 Vict. c. 10, 
 s. 2, sub, 2 ; M.C.A. s. 9, sub. 3 {a) ), or parliamentary 
 register of electors (Election Agent, p. 343), and there- 
 fore cannot vote as a parochial elector. But if the name 
 of an alien appears on the register of parochial electors, 
 he is entitled to demand and to receive a ballot paper 
 notwithstanding his legal incapacity, and his vote must 
 be left to be struck off on a scrutiny (see supra). As 
 to who is an alien, see ante, p. 45. 
 
 A candidate may vote for himself or for any other 
 candidate at common law, and unless prohibited by 
 statute. There is nothing in the L.G.A. to take away 
 this his common law right ; and if, therefore, he be a 
 parochial elector for the parish, district, or ward for which 
 the election is held, he may vote.
 
 The Parochial Electors. 73 
 
 A person employed for payment by a candidate at the Ciiai-. III. 
 election of a guardian or district councillor as clerk, mcs- "" 
 senger, or polling agent, cannot vote (M.E.C.I.P.A. s. 13, se^^ers, and 
 sub. 3 ; L.G.A. s. 48, sub. 3 ; G.O. r. 27 ; R.O. r. 26 ; polfingagents. 
 U.O. r. 26). This prohibition does not extend to the 
 agents employed at the counting of the votes (sec 
 post, p. 202) who are employed after the voting is over. 
 
 A person convicted on indictment, or reported guilty Corrupt 
 by an election court, of any corrupt practice at a parlia- P''^ctices. 
 mentary election is incapable, during seven years from 
 conviction, of being registered as an elector or voting at 
 any parochial election (C.I.P.P.A. s. 6, sub. 3 ; ss. 4, 64), 
 and therefore at an election of a guardian or councillor ; 
 so also if he be convicted or reported guilty by an 
 election court of any corrupt practice at a municipal 
 election (M.E.C.I.P.A. s. 2, sub. 2 ; s. 3, sub. i) ; or at 
 the election of a county councillor {ib. ; L.G.A. 1888 ; 
 ss. 2, 75) ; or of a guardian or district or parish councillor 
 (M.E.C.I.P.A. s. 2, sub. 2 ; s. 3, sub. ;i ; L.G.A. s. 48, 
 sub. 3) ; or at any of the following elections, viz. : 
 member of a local board, member of improvement com- 
 missioners, poor law guardian, member of school board 
 (M.E.C.I.P.A. s. 36). A person convicted of any corrupt 
 practice at a school board election is similarly incapable 
 for six years after such election (33 & 34 Vict. c. 75, s. 91) ; 
 but this provision is perhaps superseded by M.E.C.I.P.A. 
 s. 36, just quoted. A person convicted of an offence 
 against the Public Bodies Corrupt Practices Act, 1889, 
 is, at the discretion of the court before which he is con- 
 victed, in the event of a second conviction for a like 
 offence, liable to be adjudged to be incapable for seven 
 years of being registered as an elector, or voting at an 
 election of members of any public body, and the enact- 
 ments for preventing the voting and registration of 
 persons declared by reason of corrupt practices to be 
 incapable of voting shall apply to a person so adjudged 
 to be incapable of voting (52 & 53 Vict. c. 69, ss. i, 2). 
 The expression " public body " means {inter alia) any 
 body which has power to act under and for the purposes 
 of any Act relating to local government {ib. s. 7), and 
 therefore a board of guardians, district or parish 
 council. 
 
 A drunkard is not prohibited from voting by the Drunkard. 
 L.G.A. or by any other Act of Parliament, and his vote 
 is, it seems, good at common law, unless he is in such a
 
 74 
 
 TJie Parochial Electors. 
 
 Chap. III. 
 
 Idiots. 
 
 Illegal 
 practices. 
 
 Infants. 
 
 Infirm 
 persons. 
 
 state of intoxication as to be iwn compos mentis for the 
 time being, and therefore incapable of voting. This is, 
 in the first instance, a question of fact for the returning 
 or presiding officer to decide in each case, and his 
 decision is subject to review on a scrutiny. Where a 
 voter is able distinctly to answer the questions which 
 may be put to a voter, though evidently drunk at the 
 time, his vote is good, although he subsequently, when 
 sober, alleges that he did not know for whom he then 
 voted, and desires to alter his vote {MonmoutJi, K. & O. 
 413) ; and a vote has been held good though it was 
 alleged that the voter was quite incapable of knowing 
 what he did, and was in such a state that no one would 
 have thought of putting the oath to him ( Wigaiiy 
 Falc. & F. 695). 
 
 An idiot is not prohibited from voting by the L.G.A. 
 or by any other Act of Parliament. But an idiot is 
 incapable at common law of voting at any election 
 (Hey. Co. 255, 259; Bedfordshire, 2 Lud. 567; Orme, 
 108) ; and therefore cannot, it is submitted, vote as a 
 parochial elector. As to who is an idiot, see ante, 
 p. 62. 
 
 A person convicted of an illegal practice at a parlia- 
 mentary election is incapable, during five years from the 
 date of his conviction, of being registered as an elector, 
 or voting at any parochial election held for or within 
 the county in which the illegal practice was committed 
 (C.I. P.P. A. ss. 10, 64), and therefore at an election of a 
 p-uardian or councillor ; so also if he be convicted of an 
 illegal practice at a municipal election, or at an election 
 for a member of a local board or improvement commis- 
 sioners, poor law guardian, or member of a school board 
 (M. E.C.I. P. A. ss. 7, 36, 34) ; or at an election of a county 
 councillor {ib. ; L.G.A. 1888, ss. 2, 75) ; or of a district or 
 parish councillor (M.E.C.I.P.A, ss. 7, 2)(^, 34 ; L.G.A. s. 48, 
 sub. 3). 
 
 An infant is not entitled to be registered in the local 
 government register of electors (see 51 & 52 Vict. c. 10, 
 s. 2, sub. 2 ; M.C.A., s. 9, sub. 2 (a) ), or parliamentary 
 register of electors (see '/ & S Will. III. c. 25, s. 7), and 
 therefore cannot be registered or vote as a parochial 
 elector. As to who is an infant, see ante, p. S^. 
 
 An infirm person is also not prohibited from voting by 
 the L.G.A. or any other Act of Parliament, but it is, it 
 is submitted, a question in each case whether he is, or is
 
 TJie Parochial Electors. 75 
 
 not, capable of voting-, or liable to have his vote struck Chap. III. 
 off on a scrutiny. Where the inability arises, not from 
 any defect of intellect (as to which, see Lunatics, infra), 
 but from physical defect in the organs of hearing or 
 speech, it is not clear whether the voter ought to be 
 prevented from voting on account of not answering the 
 questions, &c. The better opinion appears to be that if 
 such a person can show by writing, or by signs explained 
 by an interpreter, that he understands the purpose for 
 which he has come to the poll, and the nature of the ques- 
 tions, the obligation of an oath, and the temporal dangers 
 of perjury, and can, by the same means, answer the 
 questions, take the oath, and indicate the candidate for 
 whom he desires to vote, his vote ought to be received 
 and be held valid (see Perkins, s. 25; Rog. 120; 
 Cunn. 97). 
 
 A blind person, or a person incapacited by other 
 physical cause from voting by ballot, gives his vote 
 through the presiding officer (B.A. r. 26 ; and see post, 
 p. 248). 
 
 The criteria to determine the validity of a vote given 
 by a childish or imbecile person are the same as in the 
 case of a lunatic, as to which sqq passim. 
 
 A lunatic is also not prohibited from voting by the L"natics. 
 L.G.A. or by any other Act of Parliament, and his vote 
 given during a lucid interval is good at common law 
 (Heyw. Co. 261), and is therefore, when so given, good 
 at an election of a guardian or councillor. As to who 
 is a lunatic, see ante, p. 63. It seems that it is a ques- 
 tion of fact for the returning or presiding officer to 
 decide whether the alleged lunatic is at the moment of 
 voting sufficiently compos mentis to discriminate between 
 the candidates, and to answer the questions, and to take 
 the oath (if required), in an intelligible manner (Heyw. 
 Co. 260). If, when, he presents himself, he is sufficiently 
 sane to be in a position to give his vote, the presiding 
 officer is not justified in rejecting it {ib. 261). 
 
 A voter whose intellect was disordered, but not so as 
 to render him entirely unfit for business, was very eager 
 during the election for the candidates for whom he voted, 
 and his vote was held good {Bridgwater, i Peck, 108). 
 A voter was extremely affected by the noise of the poll, 
 but was stated to be very sensible when undisturbed ; 
 he repeated the oath and kissed the book, but had no
 
 76 
 
 The Parochial Electors. 
 
 clear idea of the names of the candidates, though he had 
 of the side on which he wished to vote, and his vote was 
 held good {OakJiavipton, i Fraser, 162). 
 
 A person in receipt of parochial relief or other alms, 
 or who has been in receipt of relief by himself or his 
 family during the year preceding the 15th July, not 
 being medical relief, cannot be registered on the par- 
 liamentary register of electors (2 & 3 Will. IV. c. 45, 
 s. 36), or on the local government register of electors 
 (M.C.A. s. 9, sub. 3 (/;) ; 51 & 52 Vict. c. 10, s. 2 ; L.G.A. 
 1888, s. 75 ; 48 & 49 Vict. c. 46, s. 2 ; L.G.A. s. 44, 
 sub. i), and therefore cannot vote as a parochial elector. 
 If however any such person, not having been objected to 
 on the revision, remains on the register, he is entitled to 
 vote, and his vote will not be struck off on a scrutiny 
 {Stoive V. Jolijfe, L. R. 9 C. P. 734 ; and see Hayivard v. 
 Scott, 5 C. P. D. 231). So also if he received parochial 
 relief or other alms since the revision of the register, and 
 before the election {ib). As to what is, and what is not, 
 " parochial relief or other alms," see ante, p. 45. 
 
 Constables may vote, the disabilities formerly existing 
 in regard to them having been now wholly removed 
 (50 & 51 Vict. c. 9 ; 56 & 57 Vict. c. 6) ; and when a 
 constable is or is likely to be, on the day of election, sent 
 or employed in the discharge of his duty so as to prevent 
 him voting at the polling station at which he would 
 otherwise be entitled by law to vote, special provisions 
 have been enacted to enable him to record his vote (see 
 post, p. 240). 
 
 If an equality of votes is found to exist between any 
 candidates, and the addition of a vote would entitle any 
 of such candidates to be declared elected, the returning 
 officer, or deputy returning officer who counts the votes, 
 may, if a parochial elector of the parish or district, give 
 such additional vote in writing, but shall not otherwise 
 be entitled to vote at the election (G.O. r. 22 ; U.O. 
 r. 21 ; R.O. r. 21). If the returning officer be a parochial 
 elector, his original vote is thus taken away ; he has 
 none, and herein he differs from the chairman of the 
 parish meeting (see L.G.A. sch. I. pt. I. r. 8). As to 
 his casting vote, see further, /<? J-/, p. 306. 
 
 A person convicted of treason or felony, for which he 
 is sentenced to death or penal servitude, or any term of 
 imprisonment with hard labour exceeding twelvemonths,
 
 The Parochial Electors. yy 
 
 is incapable of exercising any right of suffrage until he Ciiai-. IIL 
 
 has suffered the punishment to which he has been 
 
 sentenced, or such other punishment as by competent 
 authority may be substituted for the same, or shall 
 receive a free pardon (33 & 34 Vict. c. 23, s. 2). Such a 
 person therefore cannot vote as a parochial elector 
 (L.G.A. s. 44, sub. i).
 
 ( 78 ) 
 
 Chap. IV, 
 
 CHAPTER IV. 
 VOTES THROWN AWAY. 
 
 KULE AS TO VOTKS THROWX 
 
 AWAY . . . . /S 
 
 Disqitalijicaiions ivhicli cause 
 
 votes to be thrown aivay . 79 
 Corrupt and illegal practices 
 
 at pendiiig election . . So 
 
 Corrupt and illegal practices 
 
 at previous election . . So 
 
 Disqualification disputed or 
 
 doubtful. . . .So 
 
 Knozuledge of disqualification . 82 
 Disqualification notorious . 82 
 
 Votes given before notice . . "^t^ 
 
 Notice of disqualification 
 Contents and form 
 By whom given and signed . 
 Authe/itication of facts in 
 notice .... 
 I low given and published 
 Keeping a record where 
 notice given after poll 
 opened .... 
 Counter-notice. 
 Caution desirable before 
 giving notice or 
 counter-notice . 
 
 83 
 S3 
 
 84 
 
 85 
 85 
 
 85 
 85 
 
 86 
 
 Rule as to 
 Votes 
 Thrown 
 Away. 
 
 When the candidates have been nominated, and the 
 time for nomination has expired, it is open to any candi- 
 date to consider, if more candidates stand nominated 
 than there are vacancies to be filled, whether each of 
 the opposing candidates was duly nominated, and if not, 
 whether any such candidate is duly qualified. These 
 considerations will become immaterial if the candidate 
 obtain at the poll a majority of votes ; but if he poll 
 only a minority of actual votes, then a want of due 
 nomination or of qualification in any opposing and 
 successful candidate becomes material. For if the 
 opposing candidate was not duly nominated, he was not 
 entitled to go to the poll ; and, if being duly nominated, 
 he is at the time of election disqualified for election, and 
 due notice has been given to the electors of that fact, such 
 candidate is considered as non-existent for the purpose 
 of the election ; and all votes given for him subsequent 
 to such notice, or previously thereto, if the electors have 
 actual knowledge of the disqualification, are considered
 
 Votes Throivu Away. 79 
 
 as not given at all, or thrown away (see R. v. Haivkins, Chap. IV. 
 lo East, 214. afifirmed on appeal, 2 Dow" 124; Claridgc ' 
 
 V. Evelyn, 5 B. & A. 86). The effect of this is that the 
 candidate next on the poll, though with a minority of 
 actual votes, may be declared elected, if, after deducting 
 from the poll of the unduly nominated or disqualified can- 
 didate the votes so thrown away, the former is found to 
 have a majority of lawful votes. Where no such notice 
 is given, and the electors have no such knowledge of the 
 disqualification, the candidate next on the poll is not 
 entitled to the seat, although the disqualified candidate 
 be unseated, but there must be a fresh election. 
 
 The qualification which a candidate must possess is 
 dealt with in Chap. 11. , ante, p. 30, and a study of that 
 chapter will aid in determining whether the opposing 
 candidate is duly qualified. If the candidate is well 
 advised that the opposing candidate is not duly qualified, 
 there are then two matters which require his attention. 
 First, he must consider whether the disqualification 
 existed at the time of election. Secondly, if it did so 
 exist, he must be careful that any notice thereof which 
 he may give to the electors is sufficient in law. 
 
 It is not every disqualification to be elected that will Disqualifica- 
 also disqualify a person for being a candidate,_or cause J,i°^"^y;;J^J^^' ^^ 
 votes given for him to be thrown away. Avoiding the be thrown 
 election of a candidate, and destroying the status of a away. 
 candidate, are two very different things {Drinkzvater v. 
 Deakin, L. R. 9 C. P. 626). To cause votes given for a 
 candidate to be thrown away, the disqualification must 
 be founded on some positive and definite fact existing 
 and established at the time of the poll, so as to lead to 
 the fair inference of wilful perverseness on the part of the 
 electors voting for the disqualified person {2nd Clitheroe, 
 2 P. R. & D. 285 ; approved Drinkzvater v. Deakin, iM 
 sup). Of the class of disqualifications that will cause 
 votes to be thrown away are the cases of infancy, of an 
 alien, and of a convicted felon : in all these cases there 
 is something wanting in the candidate which cannot be 
 supplied, the existence or non-existence of which is not 
 dependent on argument or decision, but which the law 
 insists shall exist in every one who puts himself forward 
 as a candidate {Drinkzvater v. Deakin, L. R. 9 C. P. 635). 
 So also would seem to be the case of a returning officer 
 {Sontkanipton, Heyw. Co. 535 ; Wakefield, B. & Aust. 270 ; 
 see also Fanagan v. Kernan, 8 L. R. Jr. 44).
 
 8o 
 
 Vofes T/irozuu Azvay. 
 
 Chap. IV. 
 
 Corrupt and 
 illegal prac- 
 tices at pend- 
 ix\z election. 
 
 Corrupt and 
 illegal prac- 
 tices at pre- 
 vious election. 
 
 Disqualifica- 
 tion disputed 
 or doubtful. 
 
 Corrupt and illegal practices, however, stand on a 
 different footing, and although votes given for a candi- 
 date who bribes, &c., at the election then proceeding, 
 are invalid for the purpose of seating him, they are not 
 so thrown away as to seat his opponent. No disqualifi- 
 cation arises in that sense until the candidate has been 
 reported by an election court, or has been convicted ; 
 the words of the statute creating the disqualification are 
 not that a candidate who shall be guilty shall be dis- 
 qualified, but whom the court " reports " as having 
 committed a corrupt or illegal practice, or who is "con- 
 victed " of a corrupt practice, and the disqualification 
 expressly attaches only from the date of the report or 
 conviction {Drinkiuater v. Deakin, L. R. 9 C. P. 639 ; 
 affirming Norzvich, i O'M. & H. 8, as cited Leigh & 
 Le M. 189, and overruling Trench v. Nolan, 6 Ir. R, C. L. 
 464 ; 27 L.T. 69). If the disqualification arises from a 
 report, the report must be distinct ; a mere statement of 
 facts from which guilt may be inferred is not sufficient 
 {Grant v. Paghain, Overseers of, 3 C. P. D. 80). 
 
 Where, however, the candidate has been reported, or 
 has been convicted of such a corrupt or illegal practice 
 at a former election as disqualifies him for the election 
 then proceeding, votes given for him after notice are 
 thrown away, and the seat will be given to the candidate 
 for whom it is claimed, if, after deducting from the poll 
 of the former the votes so thrown away, the latter is 
 found to be in a majority {2Jid Soiit/nvarh, Cliff. 131, 
 345 ; 2nd Canterbnry, ib. 357 ; Kirkcudbright, i Lud. 72 ; 
 2nd Neivcastle-under-Lynie, B. & Aust. 564 ; 2nd Peter- 
 borough, 2 P. R. & D. 295 ; Drinkiuater v. Deakin, 
 L. R. 9 C. P. 626). 
 
 If the alleged disqualification be disputed or denied, 
 that circumstance has in one case {Leominster, Rog. 1202) 
 apparently been treated as immaterial, but in another 
 {2nd CheltenJiani, i P. R. & D. 2 38) as of great import- 
 ance. So where the disqualification is not clear, but 
 doubtful, and depends on argument and decision as to 
 the effect of complicated facts and legal inferences, the 
 decisions are conflicting. In some cases it has been 
 held that if the disqualification did in fact exist at the 
 election, the decision establishing the disqualification 
 related back to the time of election, and nullified the 
 votes given thereat after notice of the disqualification, 
 on the ground that every man is bound to know the
 
 Votes Tliroiun Away. 
 
 8i 
 
 law ; and, therefore, when apprised by notice of the fact 
 creating the disquahfication of the candidate for whom 
 he voted, his vote was given at his own risk, and if he 
 were wrong in his construction of the law, he could not 
 plead ignorance or mistake {ignorantia legis neviineui 
 excusat), and upon these grounds the candidate next on 
 the poll has been seated {Wakefield, B. & Aust. 317 
 Belfast, Falc, & F. 601 ; Cork County, K. & O. 406 
 Tavistock, 2 P. R. & D. 5 ; 2nd Horsham, i P. R. & D. 258 
 Leominster, Rog. 1202). In other cases the distinction has 
 been observed, and where the alleged disqualification 
 was disputed, and was not clear but doubtful, the election 
 tribunal, while unseating the disqualified candidate, yet 
 declined to give the seat to the qualified candidate {Abing- 
 don, I Doug. 419 ; Penryn, C. & D. 55 ; 2nd CheltenJiam, 
 I P. R. & D. 224 ; 2nd Clitheroe, 2 P. R. & D. 276 ; see 
 also Fanagan v. Kernan, 8 L. R. Ir. 44). The law in 
 such cases has not yet been declared by the election 
 judges of the High Court, but it must be remembered 
 that the words in the 2nd Clitheroe case (2 P. R. & D. 
 276) " that the disqualification must be founded on some 
 positive and definite fact existing and established at the 
 time of polHng," have been approved and followed in 
 Di'inkivater v. Deakin (L. R. 9 C. P. 629, 641) ; and 
 that the Lord Chief Justice in that case (see pp. 629, 
 640) seems to doubt whether votes are thrown away 
 where the disqualification depends on an uncertain or 
 obscure legal question, or that in such a case an elector 
 gives his vote at his own risk and on his own responsi- 
 bility (and see EtJierington v. Wilson, L. R. 20 Eq..6i8). 
 It has also been said that to hold the contrary, is to 
 place each individual elector in a position of hardship 
 and difficulty, if upon the mere assertion of an opposing 
 party that a disqualification exists, the truth or false- 
 hood of which the elector may have no means of ascer- 
 taining, he is to exercise his franchise at the risk of his 
 vote being thrown away, if on subsequent investigation 
 the existence of that disqualification should be established 
 {2nd Clitheroe, 2 P. R. & D. 286 ; and see the note to 
 Radnor, i Peck. 494). It is submitted, therefore, that a 
 disqualification depending upon a novel question, or one 
 of doubt or difficulty, or upon legal argument and deci- 
 sion upon complicated facts and inferences, does not cause 
 votes to be so thrown away as to seat the opponent on a 
 minority of votes (see Cox v. Ambrose, 7 Times L. R. 59). 
 
 G 
 
 Chap. IV.
 
 tion notorious. 
 
 82 Vofes Thrown Away. 
 
 Chap. IV. It is now established that if an elector has actual 
 
 knowledge that a candidate is disqualified, and never- 
 
 Knowledge theless votes for such candidate, his vote is thrown 
 tion. ^ away, although express notice of the disqualification has 
 not been given to him (^Drinkivater v. Deakin, L. R. 
 9 C. P. 642, dissenting from R. v. Teivesbnvy, Mayor of, 
 L. R. 3 Q. B. 629 ; Beresford-Hope v. Lady SandJuirst, 
 23 O. B. D. 79). Full knowledge involves both know- 
 ledge of the facts and of the law as applicable to those 
 facts ; but it is sufficient to cause the vote to be thrown 
 away, that the elector should have such knowledge of 
 the facts, as if he knew what legally constituted inca- 
 pacity, would convince him, as a person of ordinary 
 intelligence, that the incapacity existed, and that the 
 candidate is incapable of being elected [Drinkzvater v. 
 Deakin, L. R. 9 C. P. 642). He cannot make his vote 
 valid by asserting that he did not know the law {ib). 
 Disqualifica- Sometimes the disqualification arises on a fact of such 
 notoriety, or of so patent a nature, as that each elector 
 may fairly be supposed to have express individual 
 knowledge of it ; or, in other words, as that the notoriety 
 of the incapacity is tantamount to notice (see R. v. 
 Blissell, I Roe, 279 ; R. v. Derby, Cotincillors of, 7 A. 
 & E. 419). Such was the case where the candidate at 
 a parliamentary election refused to take the qualification 
 oath, formerly required, when requested so to do 
 {Leominster, C. & D. i) ; and such is the case where one 
 of the candidates is the returning officer at the election 
 in question {Sonthanipton, Heyw. Co. 535), oris a woman, 
 at any election for which she is disqualified {Gosling v. 
 Veley, 7 O. B. 439 ; Beresford-Hope v. Lady Sandhurst, 
 23 O. B. D. 79). The novel creation of an office of profit 
 under the crown was held in a parliamentary election to 
 be "notorious" {Fife, i Lud. 455) ; and a candidate has 
 been petitioned against on the ground that it was 
 " notorious " that he was an infant {Flintshire, i Peck. 
 526). It has also been laid down that knowledge of the 
 disqualification may be established by " notoriety " as 
 well as by express notice {2nd Clitheroe, 2 P. R. & D. 
 285). It will, however, be found that in all the above 
 cases except Southampton (Heyw. Co. 535), and except 
 Beresford-Hope v. Lady SandJiurst (23 Q. B. D. 79), 
 in which latter case the candidate was a woman, 
 express notice was given to the electors, and that the 
 minority candidate was not seated on mere proof
 
 Vofes Throzvn Azvay. 83 
 
 of the " notoriety " of the facts creating- the disqualifi- Chap. IV. 
 cation. 
 
 Where the electors have no knowledge of the dis- Votes given 
 qualification, and the disqualification is not notorious, ^^efore notice. 
 notice of the disqualification should invariably be given 
 (see R. v. Hionis, 7 A. & E. 960). For if it be not given, 
 votes given before notice of the disqualification are 
 good, and if after deducting the votes given after notice 
 from the total number of votes given for the disqualified 
 candidate, he remains in a majority, the minority can- 
 didate cannot be seated, and there must be a fresh 
 election {R. v. Bridge, i M. & S. 76 ; Haivkiiis v. Rex, 
 2 Dow, 124 ; and see R. v. Bester, 3 L. T. 66^). 
 
 Express notice is thus necessary whenever the elector Notice of 
 is ignorant of the disqualifying facts, and such facts are J^^Tioif.^^^^' 
 
 not notorious, and it is indeed prudent 'to give express 
 
 notice in all cases, not only because votes given before 
 notice may be held to be good, but because some 
 tribunals have been reluctant to treat votes as thrown 
 away, unless it has appeared that the elector has acted 
 with wilful perverseness by deliberately voting for an 
 unqualified candidate. And although it is by no means 
 clear since Drinkwater v. Deakin (L. R. 9 G. P. 626), 
 and Beresford-Hope v. Lady SandJuLrst (23 O. B. D. 79), 
 were decided, that the election judges would feel the 
 same reluctance, yet whenever it is necessary to show 
 actual wilful perverseness on the part of the elector, 
 it is not easy to do so without proof of such notice, 
 as the elector can hardly be said to vote perversely, if 
 he vote without his attention having been previously 
 directed both to the facts and to the law by which the 
 candidate is disqualified. 
 
 The notice appears to be sufficient if it communicate Contents and 
 such facts as would put a person of ordinary care and '^^'^' 
 intelligence on inquiry, and, if he exercise ordinary 
 diligence and intelligence in such inquiry, would lead 
 him to the conclusion that the facts did exist which 
 would in law incapacitate the candidate {Drinkzvater v. 
 Deakin, L. R. 9 C. P. 642). A notice has also been held 
 sufficient, which merely stated the belief of the person 
 giving it that the candidate was disqualified (//;.), and 
 that the party giving the notice was " advised " that the 
 candidate was disqualified {Belfast, Falc. & F. 6c i). It 
 would therefore appear to be unnecessary to refer to the 
 law ; but it is far more prudent to make the notice as full 
 
 G 2
 
 84 Votes TJiroivJi Away. 
 
 Chap. IV. as possible, and (i), to give with particularity and clear- 
 
 ness the grounds or facts on which the disqualification is 
 
 founded ; (2), to state that by reason of such grounds 
 or facts, the candidate is by law disqualified, and to refer 
 to the statute or law imposing the disqualification ; and 
 (3), to state also that all votes given for such candidate 
 after such notice will be thrown away and treated as null 
 and void. 
 
 The notice may be in the following form : — 
 
 Parish of Election of Guardian [Councillor] 189 . 
 
 Whereas A. B. of , a candidate for 
 
 election as guardian [or district councillor] for the above-named parish, 
 at the election above-named, and now about to be held, is {here state 
 the grounds or facts on which the disqjialification is founded, as that 
 A. B. is an infant or an alien, or is concerned in a bargaiit or contract 
 entered into ivith the board \or coiincit], viz. : a contract dated ■ , made 
 betiveen the board [or cotincif] and A. B., for the supply of coals to the 
 board \or council^ for a period of months from the date hereof]. 
 
 And whereas by reason of the matters aforesaid, the said A. B. is 
 by law [and by virtue of the statute and other statutes 
 
 in that behalf] incapacitated and disqualified for being elected a 
 guardian [or councillor] for the said parish of at the 
 
 above-named election. Now take notice that all votes given for 
 the said A. B. at the said election will be thrown away, and will be 
 wholly null and void. 
 
 Dated this day of 189 . 
 
 (Signed) C. D. 
 
 [Address.] 
 [Description.] 
 A candidate for election as guardian [or councillor] for 
 the said parish of at the said 
 
 election. 
 
 Or, 
 (Signed) E. F. 
 G. H. 
 K. L. 
 Parochial electors of the said jsarish. 
 
 To the parochial electors of the parish of 
 
 By whom The noticc should proceed from the candidate objecting 
 
 given and qj. j^jg authorised agent, and may be signed either by 
 s'gned. ^j^^ candidate (as in Tipperary, 3 O'M. & H. 20, and R. 
 
 V. Teivkcshnry, Mayor of, L. R. 3 O. B. 631) or by the 
 candidate's agent (as in Gakcay Coitnty, 2 O'M. & H. 47, 
 and Drinkwater v. Deakiti, L. R. 9 C. P. 627). In the 
 old cases, the notice often proceeded from, and was 
 signed by, one or more electors (see Wakefield, B. & 
 Aust. 272; 2nd Neivcastle-iinder-Lyme, ib. 569; 2nd 
 Cheltenham, i P. R. & D. 234 ; 27id Horsham, ib. 245) ; 
 and indeed as an elector can petition against the election 
 of a candidate, it is submitted that he must be entitled
 
 Votes Thrown Atvay. 85 
 
 to give notice to his brother electors of the ineligibility Chap. TV. 
 of such candidate. 
 
 When it is thought probable that the facts alleged as Authentica- 
 the ground of disqualification may be authoritatively jn^notice!'^ '^ 
 denied or questioned, the notice may well be supported 
 by a statutory declaration verifying such facts ; or, if the 
 disqualification depend upon a legal question which is 
 likely to be controverted, an opinion of counsel may be 
 obtained (as in 2nd Canterbury, Cliff 360). Such decla- 
 ration or opinion may then be attached to, or form part 
 of, each notice served. 
 
 The notice should be made as public as possible, and. How given 
 if possible, it should be personally served on every ''^'^'^P''^'''^^'^- 
 elector who has not voted, and either before the opening 
 of the poll, or on each elector as he comes up to vote 
 {Wakefield, B. & Aust. 272, 319; Tavistock, 2 P. R. & 
 D. 7 ; Leominster, C. & D. 4). It may be posted on or 
 in the vicinity of the place of nomination and of the 
 several polling stations, advertised in the newspapers 
 circulating in, and extensively posted throughout, the 
 constituency (as in Gahvay County, 2 O'M. & H. 46 ; 
 Coxv. Ambrose, 7 Times L. R. 59) ; and p..nted copies 
 may also be circulated through the constituency (as in 
 Tipperary, 3 O'M. & H. 20). Wherever it is posted, it 
 should be so posted as to be visible to every elector, and 
 it should of course be posted before the opening of the 
 poll, and be continued until the poll has closed (as in 
 Tavistock, 2 P. R. & D. 8). The name and address of 
 the printer and publisher must appear on the face of the 
 notice (M.E.C.I.P.A. s. 14; L.G.A. s. 48, sub. 3). 
 
 Where the notice is not given until after the com- Keeping a 
 
 mencement of the poll, the question arises of whether it •■^';°'"^ ^'^*-'''^ 
 rr ■ 1 r 1 j_ J. i. it, notice given 
 
 was given to a sufficient number 01 electors to turn tne ^^fter poll 
 
 majority (see ante, p. 78). A careful record should opened. 
 therefore be kept of the electors served with the notice, 
 as it is only the votes of the electors voting for the dis- 
 qualified candidate after the notice is given, which will 
 be thrown away ; all votes given for him before the 
 notice being good, unless the elector had, as already 
 mentioned (see ante, p. 82), previous knowledge of 
 the disqualification, or unless the disqualification be 
 " notorious " (see ante, p. 82), 
 
 If the disqualification is likely to be disputed, or if it Counter- 
 be not clear but doubtful (see ante, p. 80), the candidate o'^^_^ 
 must be prepared for his notice being met by some
 
 86 
 
 J'\>tes Throivn Azvay. 
 
 Caution 
 desirable 
 
 BEFORE 
 GIVING 
 
 Notice or 
 Counter- 
 Notice. 
 
 CiiAr. IV. counter-notice, or step on the part of his opponent. The 
 ' alleged disqualification may be denied by an oral state- 
 
 ment by the opposing candidate himself to the electors 
 (as in 2nd CJieltenliaiu, i P. R. & D. 238), and such con- 
 tradiction may be supported by a counter-statement 
 issued and circulated by such candidate's agent (as in 
 ib. ; Tavistock, 2 P. R, & D. 6 ; Leominster, Rog. 1202) ; 
 and if the disqualification turn on a question of law, 
 such counter-statement may comprise counsel's opinion 
 against the alleged disqualification (as in Leominster, 
 Rog. 1202). Any such counter-statement should be 
 published as extensively as the original statement (see 
 ante, p. 85). 
 
 A candidate [should be very sure of his facts, and 
 well advised as to his law, before giving a notice of the 
 disqualification of the opposing candidate. It is libellous, 
 and actionable without proof of special damage, to allege 
 that another has been found guilty of bribery or cor- 
 ruption {Bcndish v. Lindsay, ii Mod. 194; Wilson v. 
 Reed, 2 F. & F. 149), or to write and publish of any 
 one that he is " incapacitated and disqualified from being 
 elected," and if special damage can be proved to have 
 been caused by such publication (as that the opposing 
 candidate has thereby lost the election), the candidate, 
 and the printer and publisher, might be mulcted in 
 heavy damages, unless they could prove that every 
 statement contained in the notice was true to the letter. 
 If they could not prove this, they would have to rely on 
 the notice being a privileged communication. Now, it 
 no doubt might be argued that if the candidate had 
 reasonable grounds for believing every statement con- 
 tained in the notice to be true, and also drew the correct 
 legal inference from the facts before him, the publication 
 of such notice was privileged. It might also be urged 
 with some reason, that it was his duty to the electors to 
 warn them not to throw away their votes, and also that 
 it was his right to give the notice in order to secure the 
 valuable privilege of obtaining the scat without a fresh 
 election. But these are doubtful contentions ; there is 
 no authority precisely in point, while it is clear law that 
 the mere fact that A. B. is a candidate at an election 
 does not entitle his opponents to libel him {Harivoodv. 
 Astley, I B. & P. N. R. 47 ; Dickeson \. Milliard, L. R. 
 9 Exch. 79). The notice should contain no more than 
 is reasonably necessary, and must not go on to personally
 
 Vofes T/irozvu Away. 87 
 
 attack the private life and character of the opponent Chap. IV. 
 
 {Duncombe v. DanicU, 8 C. & P. 222), or it will clearly 
 
 be unprivileged. 
 
 A false notice, or one given mala fide, might perhaps 
 be held to be a fraudulent device or contrivance to 
 impede or prevent the free exercise of the franchise of 
 the electors, and therefore a corrupt practice (as to which, 
 see Election Agent, p. 431).
 
 ( 88 ) 
 
 PART III. 
 UNCONTESTED ELECTIONS. 
 
 Chap. V. 
 
 CHAPTER V. 
 NOTICE OF ELECTION. 
 
 
 PAGE 
 
 
 PAGE 
 
 Returning Officer . 
 
 89 
 
 Notice of Election— <:(?«- 
 
 
 J4^/io is the returning officer . 
 
 89 
 
 tinned. 
 
 
 Unwillingness, or inability 
 
 
 Signature 
 
 97 
 
 to act, or vacancy . 
 
 89 
 
 Form .... 
 
 97 
 
 Office J or purposes of the 
 
 
 Publication 
 
 100 
 
 election , .' . 
 
 90 
 
 JSlisnomer or inaccurate 
 
 
 Declaration of secrecy . 
 
 90 
 
 description . 
 
 100 
 
 Incapacities 
 
 90 
 
 Non-compliance or mistake 
 
 100 
 
 Want of title does not vitiate 
 
 
 Rural district councillors 
 
 loa 
 
 election . . . . 
 
 90 
 
 Contents 
 
 lOI 
 
 Liabilities and penalties 
 
 90 
 
 I. Day of election 
 
 101 
 
 Deputy Returning Officer 
 
 91 
 
 2. Number of candidates 
 
 lOI 
 
 Appointment 
 
 91 
 
 3. Returning office7'''s 
 
 
 None in certain cases 
 
 91 
 
 office . . . 
 
 lOI 
 
 Declaration of secrecy . 
 
 92 
 
 4. Provision of nomina- 
 
 
 Defect in appointment . 
 
 92 
 
 tion papers 
 
 lot 
 
 Forms . . . . 
 
 92 
 
 Si'^nature 
 
 lOI 
 
 General appointment 
 
 92 
 
 Form .... 
 
 lor 
 
 Specific appoiiittncnt . 
 
 92 
 
 Publication 
 
 104 
 
 Qualification 
 
 93 
 
 Misnomer or inaccurate 
 
 
 Power of deputy . 
 
 93 
 
 description, no7i-compli- 
 
 
 Tenure of office . 
 
 93 
 
 ance or mistake . 
 
 104 
 
 How far "responckat su- 
 
 
 Urban district councillors . 
 
 104 
 
 perior" applies 
 
 93 
 
 Contents 
 
 104 
 
 Liabilities .... 
 
 94 
 
 I. Day of election 
 
 104 
 
 Incapacities 
 
 94 
 
 2. N7imber of candidates 
 
 104 
 
 Remuneration . 
 
 94 
 
 3. Returning officer''s 
 
 
 Death of returning officer 
 
 94 
 
 office . . _ . 
 
 io> 
 
 Notice of Election . 
 
 94 
 
 4. Provision of nomina- 
 
 
 Guardians 
 
 94 
 
 tion papers . 
 
 105 
 
 Cojttenis 
 
 95 
 
 Signature 
 
 105 
 
 I. Day of election 
 
 95 
 
 Form .... 
 
 105 
 
 2. Number of candidates 
 
 95 
 
 Publication 
 
 107 
 
 3. Returning officer's 
 
 
 Misnomer or inaccurate 
 
 
 office _ . \ 
 
 96 
 
 description, noti-compli- 
 
 
 4. Provision of nomia- 
 
 
 ancc or mistake . 
 
 107 
 
 tion papers . 
 
 96 
 

 
 Notice of Election. 89 
 
 The B.A. and the M.C.A., as adapted and altered by Chap, V. 
 the G.O., U.O., and R.O. respectively, are applied to , 
 
 the election of guardians and district councillors by officer. 
 
 L.G.A. s. 48, subs. 3, 4. The provisions of the B.A. 
 
 have in many cases been materially altered by the above- 
 named orders, from those which appear in the B.A. itself, 
 and are consequently cited, not from that Act, but from 
 the schedule to G.O. r. 25 ; U.O. r. 24 ; and R.O. r. 24. 
 
 In elections for guardians and rural district councillors, Who is the 
 the returning officer shall be the clerk to the guardians returning 
 of the poor law union in which the parish is situate, 
 or with which it is co-extensive (G.O. r. i, par. i ; R.O. 
 r. I, par. i) ; he is thus returning officer in the election 
 of guardians for a parish in a borough as well as for a 
 parish in an urban district. In elections for urban dis- 
 trict councillors, the returning officer shall be the clerk 
 to the urban sanitary authority (U.O. r. i, par. i) ; but 
 if the urban district is formed by an order of the county 
 council which, for that purpose, comes into operation 
 after the date of the U.O., the returning officer shall be a 
 person appointed by the county council (//;. r. i, par. 3). 
 The returning officer for the election of urban district 
 councillors shall act as deputy returning officer at any 
 poll for the election of guardians, if the polls for the 
 two elections will be taken together (U.O. r. 12, par. 3) ; 
 if the polls will not be taken together, or, if in the urban 
 district, t?iere will be a poll for the election of guardians 
 only, he is not deputy returning officer unless so ap- 
 pointed by the returning officer. 
 
 If the clerk is unwilling to act as returning officer, or Unwilling- 
 
 if the office of clerk is vacant at the time when any duty P^^f' °/ , 
 , . 1 1 • 1 1 r 111 inabihty to 
 
 relative to the election has to be periormed by the act, or 
 returning officer, or if the clerk from illness or other vacancy, 
 sufficient cause is unable to perform such duty, the 
 guardians in the case of an election for guardians or for 
 rural district councillors, and the urban sanitary authority 
 in the case of an election for urban district councillors, 
 shall appoint some other person to act as returning 
 officer or to perform such of the duties of the returning 
 officer as then remain to be performed, as the case may 
 be (G.O. r. i, par. 2 ; R.O. r. i, par. 2 ; U.O. r. i, par. 2). 
 The same person shall in all cases be the returning officer 
 at the election of rural district councillors, and of any 
 parish councillors to be elected at the same date in the 
 parish (RO. r. i, par. 2).
 
 90 
 
 Notice of Election. 
 
 Chap. V. 
 
 Office for 
 purposes of 
 the election. 
 
 Declaration 
 of secrecy. 
 
 Incapacities. 
 
 Want of title 
 does not 
 vitiate 
 election. 
 
 Liabilities 
 and penalties. 
 
 The returning officer shall appoint an office for the 
 purposes of the election (G.O. r. i, par.^3 ; R.O. r. i, 
 par. 3 ; U.O. r. i, par. 4). If the parish or district is 
 divided into wards for the election of guardians, rural 
 district councillors, or urban district councillors, this rule 
 applies to each of such wards as if it were a parish or 
 district (G.O. r. 31, par. i ; R.O. r. 30, par. i ; U.O. r, 29, 
 par. i) ; and if the parish is united with any other parish 
 for the election of guardians or rural district councillors, 
 it applies as if such parishes formed the parish (G.O. 
 r. 32, par. i ; R.O. r. 31, par. i). There is no requirement 
 that the office shall be situated in the parish, united 
 parishes, district, or ward for which the election is 
 held, but, wherever it is practicable, it should be so 
 situated, as from this office the returning officer issues 
 his notices, and at this office he is intended to receive 
 all notices and communications, and to be accessible 
 to the electors. 
 
 The returning officer makes the statutory declaration 
 of secrecy before a justice of the peace (B.A. r. 54) ; 
 and see post, p. 197). One declaration may be made by 
 the returning officer in respect of all the parishes for 
 which he is returning officer (//;, sch. II., note to form 
 of declaration). 
 
 A returning officer, or his partner or clerk, shall not act 
 as agent for any candidate in the management or con- 
 duct of his election (B.A. s. 11), As to the incapacity 
 of a returning officer to give an original vote, see ante, 
 p. 'jd, and as to his ineligibility, see ante, p. 6'^. 
 
 No election shall be declared invalid by reason of a 
 defect in the title of a returning officer (B.A. s. 13). 
 
 A returning officer is guilty of a misdemeanor if he, or 
 his partner or clerk, act as agent for any candidate in the 
 management or conduct of his election (B.A. s. 11) ; and 
 for any wilful misfeasance, or wilful act or omission in 
 contravention of the B.A., as applied by the L.G.A., he 
 is, in addition to any other penalty or liability to which 
 he may be subject, liable to forfeit a sum not exceeding 
 ;;{J"ioo to any person aggrieved (B.A. s. 11). If a person 
 who has undertaken to act as returning officer neglects 
 or refuses to conduct or declare the election, in manner 
 provided by the L.G.A. and the G.O., R.O., or U.O., 
 as the case may be, he shall for every such offence 
 be liable to a fine not exceeding £\oo, recoverable 
 by action brought within three months (M.C.A. s. 75,
 
 Notice of Election. 91 
 
 sub-ss. I, 2). For a breach of any ministerial duty where- Chap. V 
 by the candidate has lost the election, he is liable to an ^^^Z 
 action at law, though not for a mere mistake on a point returning 
 of law, and if he act with partiality or corruptly, he may Officer., 
 be fined and imprisoned (see the cases cited. Election 
 Agent, pp. 50, 51)- 
 
 The returning officer may, in writing, appoint at an Appointment, 
 election of guardians, one or more fit persons to be his 
 deputy or deputies, and at an election of rural district 
 councillors or urban district councillors, a fit person to 
 be his deputy, for all or any of the purposes relating to 
 the election (G.O. r. i, par. 4; R.O. r. i, par. 4; U.O. 
 r. I, par. 5) ; and, at an election of guardians or rural 
 district councillors, he shall, and at an election of urban 
 district councillors he may, appoint a deputy when he 
 does not act as presiding officer in respect to the 
 counting of the votes (see post, p. 264). The appoint- 
 ment must thus be made in writing, and should of course 
 be made a sufficient time before the election, or before 
 the deputy is intended to act, to enable such deputy to 
 make all needful preparations. " Writing " includes 
 printing, lithography, photography, and other modes 
 of representing or reproducing words in a visible form 
 {52 & 53 Vict. c. 61, s. 20), and the appointment 
 may therefore be in writing, or in any one or more of 
 such other modes, or partly in one and partly in any 
 other. The deputy may be appointed " for all or any of 
 the purposes relating to the election," and therefore may 
 be appointed generally to conduct the whole election, 
 or for some specific purpose only, e.g. to attend at the 
 counting of the votes. It will be observed that at an 
 election of guardians the returning officer may appoint 
 one or more, and therefore any number of, deputies ; but 
 that at an election of rural district councillors or urban 
 district councillors he may appoint only one deputy, 
 and cannot appoint two or more deputies to take different 
 parts in such an election. A deputy cannot be appointed, 
 and is not bound to act, against his own will. 
 
 The same person shall act as deputy returning officer None in' 
 in respect of the election both of rural district councillors '=^'^'^1" ^^^^^^ 
 and of any parish councillors to be elected at the same 
 date in the parish (R.O. r. i, par. 5). If, as provided by 
 G.O. r. 12, par. i, or as directed by the county council 
 under ih, par. 2, the poll for the election of guardians for 
 the parish and any poll for the election of urban district
 
 92 
 
 Notice of Election. 
 
 Chap. V. 
 
 Declaration 
 of secrecy. 
 
 Defect in 
 
 aiDpointment. 
 
 Forms. 
 
 General 
 
 appointment. 
 
 councillors are to be taken together (see /^^x/, p. 183), the 
 returning officer at the election of urban district coun- 
 cillors for the urban district shall be the deputy returning 
 officer for the purposes of dividing the parish into polling 
 districts (see post, p. 170), the determination of the 
 number and situation of the polling places (see post, 
 p. 172), the giving of the notice of poll (see post, p. 184), 
 the appointment of presiding officers (see post, p. 161), 
 the provision of compartments in polling stations and 
 ballot papers (see post, pp. 174, 178), and the recerpt of 
 appointment of candidates' polling agents (see post, 
 p. 200), in relation to the poll for the election of guardians 
 for the parish (G.O. r. 13, par. i, and see U.O. r. 12, par. 3). 
 In any such case a deputy shall not be appointed. 
 
 The deputy makes the declaration of secrecy as men- 
 tioned, ante, p. 90. 
 
 No election shall be declared invalid by reason of a 
 defect in the appointment of a deputy returning officer 
 (B.A. s. 13). _ 
 
 The following is a form of a general appointment : — 
 
 The Local Government Act, 1S94. 
 
 {liisai name of\ By virtue of the Local Government Act, 1S94, and 
 parish, tinitcd I of every or any other power or authority enabling 
 parishes, dis- \ me in this behalf, I returning officer for the 
 
 trict, or liiard'] I election of guardians [urban district councillors, or 
 to wit. ] rural district and parish councillors] for the parish 
 
 [united parishes, district, or ward] of , do hereby nominate, 
 
 constitute, and appoint of , my de]mty for all and every 
 
 the purposes relating to the said election for the said parish, [united 
 parishes, district, or ward], and do depute and authorize him to exer- 
 cise and perform all powers and duties, and to do and execute for me 
 and in my stead all things which a returning officer is authorized or 
 required to exercise, do, or execute in relation to the said election [or 
 election] or which to the said office of returning officer in anywise 
 appertain or belong. 
 
 Dated this day of 1S94. 
 
 (Signed) 
 
 Returning Officer. 
 
 Specific 
 appointment. 
 
 The following is a form of a specific appointment : — 
 
 The Local Government Act, 1S94. 
 
 [Insert name of\ By virtue of the Local Government Act, 1894, and 
 parish, united I of every or any other power or authority enabling me 
 parishes, dis- \ in this behalf, I, , returning officer for the 
 
 trict, or ivard\ I election of guardians [urban district councillors, or 
 to wit. J rural district and parisfi councillors] for the parish 
 [united parishes, district, or ward] of , do hereby nominate, 
 
 constitute, and appoint of , my deputy, to attend at the
 
 Notice of Election. 93 
 
 counting of the votes \or specify the particular function or purpose for CllAP. V. 
 
 ivhich the deputy is appointcii], given at the said election [or elections], 
 
 and do depute and authorize him to exercise and perform all powers 
 and duties, and to do and execute for me and in my stead all things 
 which a returning officer is autiiorized or required to do or execute in 
 relation to tlie premises, or which to the said office of returning officer, 
 in relation to the said function and purpose, in anywise appertain or 
 belong. 
 
 Dated this day of 1S94. 
 
 (Signed) 
 
 Returning Officer. 
 
 The person appointed deputy must be a " fit " person, Qualification. 
 and a fit person is one legally competent to perform the 
 duties of the office to which he is appointed. It is sub- 
 mitted that the following are not " fit " persons, viz., a 
 minor (see Belfast, B. & Aust. 555), a woman, whether 
 married or single {s,e& Beresford-Hopev. Lady SandJutrst, 
 23 0. B. D. 78 ; De Souza\. Cobdcn (1S91) i O. B. 687) ; 
 an habitual drunkard (see ante, p. 61), an idiot, lunatic, 
 blind, deaf or dumb person. The returning officer should 
 exercise every possible care in the selection of his 
 deputies, as he may be made responsible for misfeasance 
 of the deputy in his office (see itifra). 
 
 A deputy returning officer shall have all the powers Power of 
 and duties of the returning officer in relation to the deputy. 
 matters in respect of which he is appointed as deputy 
 (G.O. r. I, par 4 ; R.O. r. i, par. 4; U.O. r. i, par. 5). 
 A deputy may do every act which his principal might 
 do, for he has, in law, the whole power of his principal ; 
 and, unlike an agent, who acts only in the name of his 
 principal, a deputy may act either in his own name or in 
 that of his principal (Salk. 95). But a deputy cannot 
 delegate to another the authority to appoint such deputy 
 {Hughes V. Jones, i B. & Ad. 388) ; and, therefore, cannot 
 make a deputy ; he may, however, empower another to 
 do a particular act (Salk. 96 ; Parker v. Kctt, Ld. Raym. 
 658 ; R. V. Gravesend, Mayor, etc. ^t/", 2 B. & C. 603), 
 provided, of course, that such act be within the scope of 
 his own legitimate authority. 
 
 A deputy is an officer at will (2 Keb. 742 ; 3 Vin. Abr. Tenure of 
 189), even though appointed for life (Salk. 17, 18), and, °^^^- 
 therefore, his appointment may be revoked at the 
 pleasure of the principal (see Campbell v. Hewlitt, 16 
 Q. B. 258). 
 
 A deputy is one who occupieth in right of another, and How far 
 for whom regularly his superior shall answer. In this " ^'^^P°"f^f"^ 
 respect there is, however, a distinction between civil appHer.
 
 94 
 
 Notice of Election. 
 
 Chap, V. 
 
 Liabilities. 
 
 Incapacities, 
 
 Remunera- 
 tion. 
 
 Death of 
 returning 
 officer. 
 
 Notice of 
 Election. 
 
 Guardians, 
 
 actions and criminal proceedings. If the deputy is not 
 sufficient, the superior must answer for him in civil 
 actions, but in criminal cases the deputy must answer 
 for himself (2 Inst. 466; 2 Lev. 160); thus, for mis- 
 feasance in office, an action will lie against the deputy if 
 he is a substantial officer, as well as against the principal 
 (S Burr. 2721 ; 3 Wils. 454 ; 2 Black. W. 910). What- 
 ever care, therefore, the returning officer may exercise in 
 the selection of his deputy, and however imperatively 
 necessary his appointment may be, the deputy does not 
 so replace the returning officer as entirely to relieve the 
 latter from all responsibility. 
 
 A deputy returning officer shall have all the liabilities 
 of the returning officer in relation to the matters in 
 respect of which he is appointed as deputy (G.O. r. i, 
 par. 4; R.O. r. i, par. 4; U.O. r. i, par. 5). He is 
 therefore subject to the several liabilities and penalties 
 mentioned, ante, p. 90. 
 
 The incapacities of a deputy returning officer are the 
 same as those of a returning officer (see ante, p. 90). 
 
 The deputy returning ofhcer should be paid a reason- 
 able fee, which must not exceed any limit contained in 
 the scale fixed by the county council or the Local 
 Government Board, as the case may be (see L.G.A. s. 48, 
 sub. 7). 
 
 The death of the returning officer determines the 
 appointments of his deputies. There is no provision 
 enabling a deputy returning officer to continue in office, 
 and to execute the same in the name of the deceased 
 returning officer, as there is in the case of an under- 
 .sheriff at a parliamentary election (50 & 51 Vict. c. 55, 
 s. 25, sub. i) ; or continuing his appointment, as in the 
 case of the judges, notwithstanding the demise of the 
 Queen (i Geo. III. c. 23, s. i ; repealed by 42 & 43 Vict, 
 c. 59). 
 
 Not later than Saturday, the 1st of December, 1894, 
 the returning officer shall prepare and sign a notice of 
 the election of guardians in the urban parishes in the 
 poor law union, and shall cause public notice to be given 
 of the same in each parish (G.O. r. 3). 
 
 The notice may be given before the ist of December, 
 1894, if the returning officer thinks it desirable for any 
 reason to do so, but must not be given later than that 
 date. It may be given at any time up to midnight on 
 Saturday, the ist of December, 1894; if given after
 
 Notice of Election. 95 
 
 that date, the election held thereunder may be declared Chap. V. 
 void {Hoz.'cs V. Turner, i C. P. D. 670 ; and sec Rye, 
 I P. R. & D. 1 12 ; Scaford, 3 Lud. 3 ; Atldone, B. & Arn. 
 122). 
 
 To enable him to " prepare " the notice, the returning Contents, 
 officer must ascertain or decide upon — 
 
 1. The day of election. 
 
 2. The number of guardians to be elected. 
 
 3. The returning officer's office for the purposes of the 
 
 election. 
 And the returning officer must also — 
 
 4. Provide and furnish his office, and the overseers, 
 
 with forms of nomination paper. 
 
 Of these requirements in their order. 
 
 The day of the election of guardians in the year 1894 i. Day of 
 shall be Monday, the 17th of December, or such other election. 
 day, not being earlier than Saturday, the 15th of that 
 month, or later than Wednesday, the 19th of that month, 
 as may, for special reasons, be fixed by the county 
 council (G.O. r. 2, par. i). Provided that, in any urban 
 district other than a borough, the day of the election of 
 guardians and of urban district councillors shall be the 
 same {ib. par, 2). The returning officer must therefore 
 ascertain from the clerk to the county council whether 
 the latter have, for special reasons, fixed any day other 
 than that fixed by the order, viz. Monday, the 17th of 
 December, 1894. If the county council have made no 
 such order, the day of election will be the last-named 
 date, and the returning officer will fill up his notice of 
 election accordingly. Election here means the poll day, 
 not the last day on which nomination papers can be 
 sent in (see G.O. r. 6). 
 
 The sufficiency of any " special reasons " advanced for 
 changing the day of election from that primarily fixed 
 by the G.O. (Monday, the 17th of December, 1894) is 
 entirely for the county council ; but, obviously, if they 
 determine to fix some other day, they must do so in 
 sufficient time to enable the returning officer to prepare, 
 sign, and publish his notice of election on Saturday the 
 1st of December, 1894, at latest. 
 
 2. As to the number of candidates to be elected, see 2. Number of 
 ante, p. 9. The returning officer should ascertain from candidates, 
 the clerk of the county council whether any order has 
 been made by the latter affecting the number of candi-
 
 gG Notice of Electioji. 
 
 Chap, V. dates to be elected at the election for which he is about 
 to give notice. 
 
 3. Returning 3. As to the returning officer's office for the purposes 
 officer's office, of the election, see ante, p. 90. 
 
 4. Provision 4- The returning officer shall provide nomination 
 of nomination papers, and shall furnish the overseers of the parish with 
 papers. ^ supply thereof (G.O. r. 5). Any parochial elector may 
 
 obtain nomination papers from either the returning 
 officer or the overseers free of charge (/^.). The form of 
 nomination paper is set out in the notice of election (see 
 post, p. 98). The returning officer is not, nor is any 
 overseer, bound, at the request of any elector, to fill up 
 a nomination paper, as is a town clerk at a municipal elec- 
 tion (see M.C.A. sch. III, pt. II. r. 6) ; but the returning 
 officer must fill up the blanks in the instructions for filling 
 up nomination papers set out in the notice of election 
 {post, p. 98). The foot-note to these instructions states 
 that they form part of the nomination paper, and are 
 therefore to be printed as part of the nomination paper 
 whenever that paper is printed separately ; but it is clear 
 from the numeration of the succeeding paragraphs of the 
 notice of election that the instructions as well as the form 
 of nomination paper are to form part of that notice, and 
 that the whole is to be printed and published whenever 
 the notice of election is printed or published. 
 
 The number of nomination papers to be provided and 
 furnished to the overseers, and at the returning officer's 
 office, must depend upon the number of vacancies, the 
 number of candidates expected to be nominated, and 
 the number of parochial electors in the parish, united 
 parishes, or wards ; but must be amply sufficient for all 
 reasonable requirements, as the parochial electors are 
 entitled to obtain them at either place (the returning 
 officer's office and the residence or office of the overseers) 
 free of charge and as of right, and are not bound to seek 
 them at both places, and any parochial elector is entitled 
 to obtain nomination papers (not paper) and may there- 
 fore obtain any reasonable number that he may require. 
 Moreover, the returning officer must not run the risk of 
 the election being defeated, or the result thereof affected, 
 by a failure in the provision of nomination papers. 
 
 No time is named, as from when, or between what 
 hours, the returning officer and overseers are to supply 
 nomination papers. They are not, it is submitted, bound
 
 Notice of Election. 97 
 
 to supply nomination papers before the day on which Chap. V. 
 the returning officer gives the notice of election ; but 
 both he and the overseers should be in a position to 
 supply them to all electors who may apply for them on 
 and from that day, and at all reasonable hours, up to and 
 inclusive of the last day for sending in nominations, i.e. 
 up to and inclusive of Wednesday, the 5th of December, 
 1894 (G.O. r. 6, and see post, p. 117). If asked, the re- 
 turning officer and overseers should supply nomination 
 papers by post. 
 
 No person other than a parochial elector is entitled to 
 be supplied with nomination papers, either free of charge 
 or on payment. 
 
 The signature of the returning officer to the notice may Signature. 
 be printed {27id Sligo, i P. R. & D. 211), or affixed by a 
 stamp [Bennet v. Briunfitt, L. R. 3 C. P. 28 ; Osgood v. 
 Nelson, 41 L. J. O. B. H"] \ Blades v. Lazvrence, L. R. 
 9 O. B. 374). It is not necessary that every copy of the 
 notice should be actually signed by the hand of the re- 
 turning officer, but it would be prudent that he should 
 sign by his own hands the original notice, or the copy 
 sent to the printer to be printed {2nd Sligo, i P. R. & D. 
 211); and, of course, a stamped signature must be affixed 
 only by him or by his authority {Blades v. Lawrence, 
 L. R. 9 O. B. 374). 
 
 The notice of election shall be in the following form, Form, 
 or in a form to the like effect (G.O. r. 3) : — 
 
 * If the day of 
 
 Union. ^ ^ ^ election is not 
 
 Election of Guardians for the several Parishes [United Parishes the same for all 
 
 and Wards of Parishes, as the case may be\ situate in the above- the Parishes, 
 
 named Union, for which Guardians are to be elected. United 
 
 Parishes, and 
 Notice is hereby given tiiat^ Wards adapt 
 
 form accord- 
 I.* The day of election of Guardians for the said Parishes [United ino-ly. 
 
 I'arisbes and Wards of Parishes, as the case may bel will be , . t ^ ■, 
 
 the day of December, 1894. t Insert here 
 
 ^ ^ the names of 
 
 2. The number of Guardians to be elected for the said Parishes [United the Parishes, 
 Parishes and Wards, as the casj may be\ is as follows f : — United 
 
 S. Each candidate for election as a Guardian must be nominated in \Vards ' ' f 
 writing, and the nomination paper must be sent to me, so that it parishes w'th 
 shall be received at ^ number of 
 
 (which is my office for the purposes of the election) not later than Guardians 
 two o'clock in the afternoon of Wednesday, the 5th day of December, ijg elec'ed f 
 ^^94- each. A tabu- 
 
 4. A parochial elector must not sign more nomination papers than there ^^^ form may 
 are Guardians to be elected "for the Parish {or United Parishes or be used if pre- 
 Ward, as the case may he\ and he must not sign a nomination paper ferred. 
 
 H
 
 98 
 
 Notice of Election. 
 
 Chap. V. 
 
 for any Parish or United Parijlies or Ward unless he is registered as 
 a parochial elector in respect of a qualification therein. Neither 
 must be sio;n nomination papers for more than one Parish \pr group 
 of United Parishes or Ward] in the Union. 
 
 Forms of nomination paper may be obtained, free of charge, either 
 from me at the above-named office, or from the Overseers of the 
 Parish \or either of the United Parishes] for which a nomination is 
 proposed to be made. 
 
 The nomination paper must be in the following form, or in a form to 
 the like effect : — 
 
 Form of Nomination Paper. 
 
 for the Parish of \or for the United 
 
 or for the Ward of the Parish of ] in 
 
 Union. 
 Election of Guardians 
 Parishes of 
 the year i S94. 
 
 We, the undersigned, being respectively parochial electors of the 
 said Parish \or United Parishes or Ward], do hereby nominate the 
 under-mentioned person as a candidate at the said Election. 
 
 Names of Candidate. 
 
 Place of 
 
 Description. 
 4- 
 
 How qualified 
 (specify qualifi- 
 cation according 
 to direction in 
 Instruction 5). 
 
 5- 
 
 Surname. 
 I. 
 
 Other Names 
 in full. 
 
 2. 
 
 Abode. 
 3- 
 
 
 
 
 
 
 Signature of Proposer, 
 Place of Abode 
 
 Signature of Seconder_ 
 Place of Abode 
 
 * These In- 
 structions form 
 part of the 
 Nomination 
 Paper. 
 
 Instruciions for filling up Nomination Paper."" 
 The surname of only one candidate for election must be inserted in 
 
 Column I. 
 The other names of the candidate must be inserted in full in 
 
 Column 2. 
 Insert in Column 3 the place of abode of the candidate. 
 In Column 4 state the occupation, if any, of the candidate. If the 
 
 candidate has no occupation, insert some such description as 
 
 "gentleman," or "marr.ed woman," or "spinster," or "widow, 
 
 as the case may be. 
 If the candidate is a parochial elector of some Parish within the
 
 Notice of Elcctio)!. 99 
 
 Union (that is, if his or her name is registered in the Register of Chap. Y 
 
 parochial electors of such Parish) insert in Column 5 " Parochial 
 
 Elector of Parish of ." If the candidate is not a parochial 
 
 elector of some Parish in the Union, but he or she has, during the 
 whole of the twelve months preceding the election, resided in the 
 Union, insert in Column 5 " Residence." If, in the case of a Parish 
 or of United Parishes wholly or partly situate within the area of a 
 borough, the candidate is qualified to be elected a councillor for 
 that borough, insert in Column 5 " Qualified to be elected Coun- 
 cillor of Porough of ." If the candidate has more than one of 
 these qualifications, it will be sufficient to insert in Column 5 one of 
 his or her qualifications, but more may be inserted. 
 
 6. — (l.) The paper must be signed by two parochial electors of the 
 Parish {or United Parishes or Ward], and no more ; by one as pro- 
 poser, and by the other as seconder. The places of abode of the 
 Proposer and Seconder must also be inserted. 
 
 (2.) A parochial elector must not sign more' nomination papers 
 than there are Guardians to be elected for the Parish {or United 
 Parishes or Ward], and he must not sign a nomination paper for any 
 Parish {or United Parishes or Ward] unless he is registered as a 
 parochial elector in respect of a qualification therein. Neither must 
 he signia nomination paper in more than one Parish {or group of 
 United Parishes or Ward] in the Union. 
 
 7. Not later than Friday, the 7th day of December, 1894, I shall cause 
 
 a copy of a statement containing the names, places of abode, and 
 descriptions of the persons nominated for the office of Guardian for 
 the said Parishes [United Parishes and Wards], and also containing 
 a notice of my decision as regards each candidate as to whether he 
 has been nominated by a valid nomination paper or not, to be sus- 
 pended in the Board Room of the Guardians of the Union in which 
 the said Parishes [United Parishes and Wards] are situate, and 
 another to be affixed on the principal external gate or door of 
 every Workhouse of the Union [and of the building in which the 
 Board Room of the Guardians is comprised].* 
 
 8. Any candidate nominated for election may not later than four o'clock * If the Board 
 
 in the afternoon of Friday, the 7th day of December, 1S94, withdraw Room is at the 
 his candidature by delivering or causing to be delivered at my office Workhouse, 
 for the purposes of the election a notice in writing of such withdrawal O'^'^it these 
 signed by him. words. 
 
 g.f If the number of candidates who are validly nominated for any t If the day of 
 Parish [United Parishes or Ward], and whose candidature is not election is not 
 withdrawn, exceeds that of the persons to be elected, a poll will be the same for all 
 taken on the day of December, 1894, of which due the Parishes, 
 
 notice will be given. United 
 
 Dated this day of , 1894. Parishes, and 
 •' ^^ Wards, adapt 
 form accord- 
 ingly. 
 Returning Officer. 
 
 Office for purpose of election. 
 
 H 2
 
 lOO 
 
 Notice of Election. 
 
 Ckai'. V. 
 Publication. 
 
 Misnomer or 
 inaccurate 
 
 description. 
 
 Non-compli- 
 ance or 
 
 mistake. 
 
 The returning ofificer shall cause public notice to be 
 given of the notice of election in each urban parish in 
 the union (G.O. r. 3). Any public notice required by 
 the G.O. shall be given by posting the same on or near 
 the principal door of each church and chapel in the 
 parish, and in some conspicuous place or places within 
 the parish (G.O. r. y^). The expression " each church 
 and chapel " is not confined to those of the Church of 
 England, and the notice should therefore be posted on 
 or near to the principal door of each dissenting place of 
 worship within the parish. The conspicuous place or 
 places in which the notice shall also be posted should 
 be so selected as to give publicity to all sections and 
 classes of the population in the parish, united parishes, 
 or ward for which the election is to be held. 
 
 The name and address of the printer and publisher 
 shall appear upon the face of every bill, placard, or 
 poster, used for giving the notice (M.E.C.I.P.A. s. 14 ; 
 and se&post, p. 228). 
 
 As to the meaning of " urban parish," see ante, p. 3. 
 
 No misnomer, or inaccurate description of any person 
 or place named in any notice of election shall hinder 
 the full operation of such paper with respect to that 
 person or place, provided the description of that person 
 or place is such as to be commonly understood (G.O. 
 r. 35). As to the meaning of "commonly understood," 
 see R. V. Cozvard, 16 O. B. 819 ; R.\. Gregory, i E. & B. 
 600 ; R. V, Spratley, 6'E. & B. 363 ; R. v. Titgivell, L. R. 
 3 0. B. 704; Moor house v. Linncy, 15 O. B. D. 273 ; 
 Harding v. Cormvell, 60 L. T. 959. 
 
 No election shall be declared invalid by reason of a 
 non-compliance with the rules contained in B.A. sch. I., 
 or in the G.O., or any mistake in the use of the forms in 
 B.A. sch. II., or in the said G.O., if it appears to the 
 tribunal having cognizance of the question that the 
 election was conducted in accordance with the principles 
 laid down in the body of the B.A., and of the E.G. A., 
 and that such non-compliance or mistake did not affect 
 the result of the election (B.A. s. 13). 
 
 Rural district Not later than Saturday the ist of December, 1894, 
 
 councillors. |-j^g returning officer shall, for each rural district or part 
 
 of a rural district comprised in the poor law union in 
 
 which the parish is situate or with which it is co-exten-
 
 Notice of Election. lOi 
 
 sive, prepare and sign a notice of the election of rural Chap. V. 
 district councillors in the parishes in the rural district or " 
 
 part of a rural district (R.O. r. 3, par. i). This provision 
 is substantially the same as that relating to the notice of 
 election of guardians, which see, ante, p. 94. 
 
 To enable him to " prepare " the notice, the returning Contents, 
 officer must ascertain or decide upon the same matters 
 as in an election of guardians (see ante, p. 95). 
 
 1. The day of the election of rural district councillors i. Day of 
 in the parish in the year 1894, shall be Monday, the election. 
 17th of December in that year, or such other day, not 
 being earlier than Saturday, the 15th of December, 1894, 
 
 or later than Wednesday, the 19th of that month, as 
 may, for special reasons, be fixed by the county council 
 (R.O. r. 2, par. i). Provided that the day of election of 
 rural district councillors in the parish, and the day of 
 the poll for the election of any parish councillors to be 
 elected at the same date in the parish shall be the same 
 {ib. par. 2). This provision again is substantially the 
 same as that relating to the day of election of guardians, 
 which see, ante, p. 95. 
 
 2. As to the number of candidates to be elected, see 2. Number of 
 ante, p. 21. The returning officer should ascertain from candidates. 
 the clerk of the county council whether any order has 
 
 been made by the latter afTecting the number of can- 
 didates to be elected at the election for which he is about 
 to give notice. 
 
 3. As to the returning officer's office for the purposes ^^J^^}^™^^^^ 
 of the election,' see ante, p. 90. 
 
 The returning officer shall provide nomination papers, 4- Provision ^^ 
 and shall furnish the overseers of the parish with a p^p°j'J'_"^^ ^°'^ 
 supply thereof (R.O. r. 5). Any parochial elector may 
 obtain nomination papers from either the returning 
 officer or the overseers, free of charge {ib). This pro- 
 vision is in identical terms with that for an election of 
 guardians, as to which see ante, p. 96. 
 
 As to the signature of the notice, see ante, p. 97. flfmf ^'^^* 
 
 The notice of election shall be in the following form, * if tlie 
 or in a form to the like effect (R.O. r. 3, par. 3) : — Rural District 
 
 is wholly com- 
 
 Rural district of . prised in one 
 
 Election of Rural District Councillors for the several Parishes Poor Law 
 
 [United Parishes and Wards of Parishes, as the case may be\ in the Union omit 
 
 above-named Rural District [*which are situate in the Poor Law these words. 
 
 Union of ]. | if the day 
 
 NOTICE IS HEREBY GIVEN TH VT- ^^^^ ^hf taJj 
 
 l.f The day of election of Rural District Councillors for the said for all the
 
 102 
 
 Notice of Election. 
 
 Chap. V. 
 
 Parishes, 
 United 
 
 Parishes, and 
 Wards, adapt 
 form accord- 
 ingly. 
 
 * Insert here 
 tlie names of 
 the Parishes, 
 United 
 
 Parishes, and 
 Wards of 
 
 Parishes, with 
 the number of 
 Rural District 
 Councillors to 
 be elected for 
 each. A tabu- 
 lar form may 
 be used if pre- 
 ferred. 
 
 Parishes [United Parishes and Wards of Parishes as the case may le\ 
 will be , the day of December, 1S94. 
 
 The number of Rural District Councillors to be elected for the said 
 Parishes [United Parishes and Wards, as the case may be\ is as 
 follows * : — 
 
 Each candidate for election as a Rural District Councillor must be 
 nominated in writing, and the nomination paper must be sent to me, 
 so that it shall be received at (which is my office for 
 
 the purposes of the election) not later than two o'clock in the after- 
 noon of Wednesday, the 5th day of December, 1894. 
 
 A parochial elector must not sign more nomination papers than there 
 are Rural District Councillors to be elected for the Parish \or 
 United Parishes or Ward, as the case may be\, and he must not sign 
 a nomination paper for any Parish or United Parishes or Ward 
 unless he is registered as a parochial elector in respect of a qualifica- 
 tion therein. Neither must he sign nomination papers for more 
 than one Parish \or group of United Parishes or Ward] in the Rural 
 District. 
 
 Forms of nomination paper may be obtained, free of charge, either 
 from me at the above-named office, or from the Overseers of the 
 Parish \or either of the United Parishes] for which a nominatioir is 
 proposed to be made. 
 
 The nomination paper must be in the following form, or in a form to 
 the like efl'ect : — 
 
 Form of Nomination Paper. 
 
 Rural district of 
 
 Election of rural district councillors for the Parish of \pr for 
 
 the United Parishes of , or for the Ward of the Parish 
 
 of ] in the year 1S94. 
 
 We, the undersigned, being respectively parochial electors of the said 
 Parish \or United Parishes or Ward], do hereby nominate the under- 
 mentioned person as a candidate at the said Election. 
 
 Names of Candidate. 
 
 Place of 
 Abode. 
 
 3- 
 
 Description. 
 4- 
 
 How qualified 
 (specify qualifi- 
 cation according 
 to direction in 
 Instruction 5). 
 
 5- 
 
 Surname. 
 I. 
 
 Other Names 
 in full. 
 
 2. 
 
 
 
 
 
 
 Signature of Proposer, 
 Place of Abode 
 
 Signature of Seconder, 
 Place of Abode
 
 Notice of Election. 103 
 
 Tnstnictioiis for filling up Nomination Papcr.^ Chap. V, 
 
 1. The surname of only one candidate for election must be inserted in * These In- 
 
 Column I. structionsform 
 
 2. The other names of the candidate must be inserted in full in part of the 
 
 Column 2. Nomination 
 
 3. Insert in Column 3 the place of abode of the candidate. ' ^ 
 
 4. In Column 4 state the occupation, if any, of the candidate. If the 
 
 candidate has no occupation, insert some such description as 
 "gentleman," or "married woman," or "spinster," or "widow," 
 as the case maj- be. 
 
 5. If the candidate is a parochial elector of some Parish within the 
 
 Union in which the Rural District or the part of the Rural District 
 comprising the Parish is situate (that is, if his or her name is regis- 
 tered in the Register of parochial electors of such Parish) insert in 
 Column 5 "Parochial Elector of Parish of ." If the candi- 
 
 date is not a parochial elector of some Parish in that Union, but he 
 or she has, during the whole of the twelve months precechng the 
 election, resided in the Union, insert in Column 5 "Residence." 
 If the candidate is not a parochial elector of some Parish within the 
 Union, and has not during the whole of the twelve months preced- 
 ing the election resided in the Union, but he is qualified to be elected 
 a councillor for some municipal borough wholly or partly situate in 
 the Union, insert in Column 5 "Qualified to be elected Councillor 
 of Borough of ." If the candidate has more than one of these 
 
 qualifications, it will be sufficient to insert in Column 5 one of his 
 or her qualifications, but more may be inserted. 
 
 6. — (i.) The paper must be signed by two parochial electors of the 
 Parish \or United Parishes or Ward], and no more ; by one as pro- 
 poser, and by the other as seconder. The places of abode of the 
 Proposer and Seconder must also be inserted. 
 
 (2.) A parochial elector must not sign more nomination papers 
 than there are Rural District Councillors to be fleeted for the Parish 
 \or United Parishes, or Ward], and he must not sign a nomination 
 paper for any Parish \or United Parishes, or Ward] unless he is 
 registered as a parochial elector in respect of a qualification therein. 
 Neither must he sign a nomination paper in more than one Parish 
 \or group of United Parishes or Ward] in the Rural District. 
 
 Not later than Friday, the 7th day of December, 1S94, I shall cause a 
 copy of a statement containing the names, places of abode and 
 descriptions of the persons nominated for the office of Rural District 
 Councillor for the said Parishes [United Parishes and Wards], and 
 also containing a notice of my decision as regards each candidate as 
 to whetlier he has been nominated by a valid nomination paper or 
 not, to be suspended in the Board Room of the Guardians of the 
 Union, in which the said Parishes [United Parishes and Wards] are 
 situate, and another to be affixed on the principal external gate or 
 door of every Workhouse of the Union [and of the building in which 
 the Board Room of the Guardians is comprised.]* * If the 
 
 Any candidate nominated for election may not later than four o'clock ' , Work- 
 en the afternoon of Friday, the 7th day of December, 1894, with- , omit 
 draw his candidature by delivering or causing to be delivered at my ,, rirfl<; 
 office for the purposes of the election a notice in writing of such 
 withdrawal signed by him.
 
 104 
 
 Notice of Election. 
 
 Chap. V. 
 
 * If the day 
 of the election 
 is not the 
 same for all 
 the Parishes, 
 United 
 
 Parishes, and 
 Wards, adapt 
 form accord- 
 ingly. 
 
 Publication. 
 
 9.=- 
 
 If the number of candidates who are validly nominated for any 
 Parish [United Parishes or Ward], and whose candidature is not 
 withdrawn, exceeds that of the persons to be elected, a poll will be 
 taken on the day of December, 1S94, of which due 
 
 notice will be given. 
 
 Dated this day of , 1S94. 
 
 Returnin<7 Oflicer. 
 
 Office for purpose of election . 
 
 Misnomer or 
 inaccurate 
 description, 
 non-compli- 
 ance or 
 mistake. 
 
 The returning officer shall cause printed copies of the 
 notice to be affixed on or near to the principal door of 
 each church and chapel in each parish in the rural 
 district or part of the rural district and also to be posted 
 in some conspicuous place or places within the parish 
 (R.O. r. 3, par. 2). This provision is the same as that 
 which applies in an election of guardians, as to which 
 see ante, p. 100. 
 
 The same provisions as to misnomer or inaccurate 
 description (R.O. r. 34), and as to non-compliance or 
 mistake (B.A. s. 13) apply as in the case of an election 
 of guardians (see ante, p. 100). 
 
 Contents. 
 
 I. Day of 
 election. 
 
 Urban district Not later than Saturday, the ist of December, 1894, 
 councillors. the returning officer shall prepare and sign a notice of 
 the election, and shall cause public notice to be given 
 of the same in the district (U.O. r. 3). This notice is 
 substantially the same as that relating to the notice of 
 election of guardians, as to which see ante, p. 94. 
 
 To enable him to " prepare " the notice, the returning 
 officer must ascertain and decide on the same matters 
 as in an election of guardians (see ante, p. 95). 
 
 I. The day of the election of urban district councillors 
 in the year 1894, shall be Monday, the 17th of December 
 in that year, or such other day, not being earlier than 
 Saturday, the 15th of that month, or later than Wednes- 
 day, the 19th of that month, as may, for special reasons, 
 be fixed by the county council (U.O. r. 2, par. i). Pro- 
 vided that, in any urban district the day of the election 
 of urban district councillors and guardians shall be the 
 same {ib. par. 2). This provision is precisely the same 
 as that relating to the election of guardians (see ante, 
 
 p. 95). 
 2. Number of 2. As to the number of candidates to be elected, see 
 candidates.
 
 Notice of Election. 105 
 
 ante, p. 27. The returning officer should make the Chap. V. 
 inquiry of the clerk of the county council recommended, ^ R^j^^g 
 ante, p. lOI. ofticei's oftice. 
 
 3. As to the returning officer's office for the purposes 
 of the election, see ante, p. 90. 
 
 4. The returning officer shall provide nomination 4- Provision 
 papers, and any parochial elector may obtain nomination p^p^'^'"'"''""' 
 papers from him, free of charge (U.O. r. 5). The only 
 difference between this provision and that relating to 
 
 the election of guardians is that in the former the 
 returning officer is not, while in the latter he is, required 
 to furnish the overseers with a supply of nomination 
 papers. In all other respects the two provisions are the 
 same, and the subject is fully discussed, ante, p. 96.^ 
 
 As to the returning officer's signature to the notice of Signature, 
 election, see ante, p. 97, 
 
 The notice of election shall be in the following form, Form. 
 or in a form to the like effect (U.O. r. 3) : — 
 
 Urban district of 
 
 Election of Urban district councillors *[for the several Wards in /^ ^^ ^'^^ 
 
 the above-named Disti ict]. Urban District 
 
 IS not divided 
 
 Notice is hereby given that— '"^^^ Wards, 
 
 omit these 
 
 1. The day of election of Urban District Councillors for the said District words. 
 
 \or Wards, as the case 7/tay l>e\ will be , the day of 
 
 December, 1894. 
 
 2. The number of Urban District Councillors to be elected for the said . ^^ , ^^. 
 
 District [or Wards, as the case may be\ isf J V-^^ r}K 
 
 T , T^- • ^ .,, , trict is divided 
 
 3. Each candidate for election as an Urban District Councillor must be fntoWards in- 
 
 nominated in writing, and the nomination paper must be sent to me, ^^^^ ^j^^ names 
 so that it shall be received at (which is my otifice for ^f jj,g Wards, 
 
 the purposes of the election) not later than two o'clock in the after- ■yy;ti;i'the num- 
 noon of Wednesday, the 5th day of December, 1894. ^gj. ^f Urban 
 
 4. A parochial elector must not sign more nomination papers than there District Coun- 
 
 are Urban District Councillors to be elected for the District \pr cillors to be 
 Ward, as the case may be\ and he must not sign a nomination paper elected for 
 for the District \pr for any Ward thereof], unless he is registered as each. A tabu- 
 a parochial elector in respect of a qualification therein. [Neither lar forni may 
 must he sign nomination papers for more than one Ward in the be used if pre- 
 District.J] ferred. 
 
 5. Forms of nomination paper may be obtained, free of charge, from me X IftheDis- 
 
 at the above-named office. trict is not 
 
 6. The nomination paper must be in the following form, or in a form to ,,r j 
 
 ., VI a- ^ fa ' Wards, omit 
 
 the like effect:- these words. 
 
 Form of Nomination Paper. 
 
 Urban District of 
 - Election of Urban District Councillors for the above District [i7r for 
 
 the Ward of the above District] in the year 1894. 
 
 We, the undersigned, being respectively parochial electors of the said
 
 io6 
 
 Notice of Election. 
 
 Chap V. 
 
 District [^r Ward], do hereby nominate the under-mentioned person 
 as a candidate at the said Election. 
 
 Names of Candidate. 
 
 Place of 
 Abode. 
 
 3- 
 
 Description 
 4- 
 
 How qualified 
 (specify qualifi- 
 cation according 
 to direction in 
 Instruction 5). 
 
 5- 
 
 Surname. 
 r. 
 
 Other Names 
 in full. 
 
 2. 
 
 
 
 
 
 
 Signature of Proposer, 
 Place of Abode 
 
 Signature of Seconder_ 
 Place of Abode 
 
 * These In- 
 structions form 
 part of the 
 Nomination 
 Paper. 
 
 I/utnictioris for _fitli/ig up No»iijiatio)i Paper* 
 
 The surname of only One candidate for election must be inserted in 
 Column I, 
 
 of the candidate must be inserted 
 
 full 
 
 The other names 
 Column 2. 
 
 Insert in Column 3 the place of abode of the candidate. 
 
 In Column 4 state the occupation, if any, of the candidate. If the 
 candidate has no occupation, insert some such description as 
 " gentleman," or "married woman," or "spinster," or "widow," 
 as the case may be. 
 
 If the candidate is a parochial elector of some Parish within the Dis- 
 trict (that is, if his or her name is registered in the Register of 
 parochial electors of such Parish) insert in Column 5 "Parochial 
 Elector of Parish of ." If the candidate is not a parochial 
 
 elector of some Parish in the District, but he or she has, during the 
 whole of the twelve months preceding the election, resided in the 
 District, insert in Column 5 " Residence." If the candidate has 
 both these qualifications, it will be sufficient to insert in Column 5 
 one of his or her qualifications, but both may be inserted. 
 
 — (l.) The paper must be signed by two parochial electors of the 
 District [or Ward], and no more ; by one as Proposer, and by the 
 other as Seconder. The places of abode of the ProjDoser and 
 Seconder must also be inserted. 
 
 (2.) A parochial elector must not sign more nomination papers 
 than there are Urban District Councillors to be elected for the 
 District \or Ward], and he must not sign a nomination paper for the 
 District [or Ward] unless he is registered as a parochial elector in 
 respect of a qualification therein. [Neither must he sign a nomina- 
 tion paper in more than one Ward in the District.]
 
 Notice of Election. 107 
 
 7. Not later than Friday, the 7th day of December, 1894, I shall cause Chap V. 
 
 a copy of a statement containing the names, places of abode, and 
 
 descriptions of the persons nominated for the office of Urban Dis- 
 trict Councillor for the said [District or Wards], and also contammg 
 a notice of my decision as regards each canditlate as to whether he 
 has been nominated by a valid nomination paper or not, to be ^ 
 [♦suspended in the Hoard Room of the Urban Sanitary Authority, . vf^^ ','' 
 
 and another to be] affixed on the principal external gate or door of "O sucti iioard 
 the offices of the Urban Sanitary Aulhovity.f ihcse'words. 
 
 8. Any candidate nominated for election may not later than four o'clock . ,, , 
 
 on the afternoon of Friday, the 7th day of December, 1894, with- T it mere 
 draw his candidature by delivering or causing to be delivered at my -ire no sucn 
 office for the purposes of the election a notice in writing of such omces-, sudsu- 
 .^, , 1 • 1 1 1 • tute some con- 
 
 withdrawal signed by him. _ spicuous place 
 
 9. If the number of candidates who are validly nominated for the District qj. places 
 
 \or any Ward], and whose candidature is not withdrawn, exceeds within the 
 that of the persons to be elected, a poll will be taken on the district 
 
 day of December, 1894, of which due notice will be given. ^^ Wards. 
 
 Dated this day of , 1894. 
 
 Returning Officer. 
 
 Office for purpose of election. 
 
 The returning officer shall cause public notice to be Publication, 
 given of the notice of election in the district (U.O. r. 3). 
 The notice shall be posted on or near the principal door 
 of each church and chapel in the district, and in some 
 conspicuous place or places within the district {ib. r. 30, 
 and see ante, p. 100). 
 
 The same provisions as to misnomer or inaccurate Misnomer or 
 description (U.O. r. 32), and as to non-compliance or inaccurate 
 mistake (B.A. s. 13) apply as in the case of an election non^-comph- 
 of guardians (see ante, p. 100). ance or 
 
 mistake.
 
 ( io8 ) 
 
 Chap. VI, 
 
 CHAPTER VI. 
 NOMINATION OP CANDIDATES. 
 
 A.— GUARDIANS. 
 
 
 PAGE 
 
 Nomination Paper . 
 
 109 
 
 Shall be in writing 
 
 109 
 
 Obtaining nomination papers 
 
 109 
 
 Contents . . . . 
 
 109 
 
 Filling tip 
 
 109 
 
 Candidate's surname 
 
 no 
 
 Other name or names . 
 
 III 
 
 Abode 
 
 112 
 
 Description . 
 
 "3 
 
 Qualification 
 
 114 
 
 Misnomer or inaccuiat 
 
 
 description . 
 
 "5 
 
 Form . . . . 
 
 115 
 
 Separate ^lotnination paper. 
 
 
 essential. 
 
 115 
 
 Signature . 
 
 115 
 
 Nutnber that may be signec 
 
 ' 115 
 
 What is signature . 
 
 116 
 
 Order of signatures . 
 
 117 
 
 Forged, etc. , nomination papo 
 
 - 117 
 
 Consent of candidate . 
 
 117 
 
 Sending in Nominations 
 
 117 
 
 To -whom and when 
 
 117 
 
 Numbering 
 
 118 
 
 PAGE 
 
 Dealing with by Return- 
 ing Officer . .119 
 Examination and decision . 1 19 
 Summary of invalidities . 120 
 Frivolous objections . .121 
 Note when invalid . .121 
 Notice of decision . . 122 
 Statement as to persons nomi- 
 nated . . . -123 
 Withdrawal of Candidate 124 
 
 I/o7u and 'vhen 
 Statement to returning ofiicei 
 of urban district councillors 124 
 NujiBER of Nominations . 
 Exceeding vacancies . 
 Not exceeding vacancies 
 
 N'otice that no poll 7vill be 
 
 taken .... 
 
 Publication of Result of 
 
 Elections . . . 127 
 
 Notice thereof . . .127 
 
 Death of Candidate . 128 
 
 Expenses of Election . 129 
 
 124 
 
 125 
 125 
 125 
 
 126 
 
 B.— RURAL DISTRICT COUNCILLORS. 
 
 Nomination Paper . .129 
 Contents . . . .129 
 
 Form . . . .129 
 
 Signature . . . .129 
 
 Sending in Nominations . 130 
 To whom and when . .130 
 
 Dealing with by Return- 
 ing Officer . . 130 
 Examifiation and decision . 130 
 Statement as to persons nomi- 
 nated . , . .130 
 
 Withdrawal OF Candidate 131 
 
 Number of Nominations . 
 Exceeding vacancies . 
 Not exceeding vacancies 
 Notice to candidate . 
 Notice to overseers 
 Notice that no poll will be 
 taken .... 
 Publication of Result of 
 Elections 
 Notice thereof 
 Death of Candidate 
 Expenses of Election 
 
 131 
 131 
 131 
 131 
 132 
 
 133 
 
 134 
 134 
 135 
 135
 
 Nonii7iation of Candiaates. 
 
 109 
 
 C— URBAN DISTRICT COUNCILLORS, 
 
 Chap. VI 
 
 
 PAGE 
 
 
 'AGE 
 
 Nomination Patkr . 
 
 136 
 
 Withdrawal of Candidate 
 
 138 
 
 Cofitents .... 
 
 136 
 
 Number of Nominations . 
 
 138 
 
 Form .... 
 
 136 
 
 Exceeding vacancies . 
 
 138 
 
 Sig)iature .... 
 
 136 
 
 Not exceeding vacancies 
 
 138 
 
 Sending in Nominations , 
 
 136 
 
 Notice that no poll will be 
 
 
 To whom and wheii . 
 
 136 
 
 taken .... 
 
 138 
 
 Dealing with by Return- 
 
 
 Publication of Result of 
 
 
 ing Officer 
 
 136 
 
 Elections . 
 
 138 
 
 Examination and decision . 
 
 137 
 
 Notice thereof 
 
 138 
 
 Statement as to persons nomi 
 
 
 Death of Candidate 
 
 139 
 
 nated .... 
 
 137 
 
 Expenses of Election 
 
 i39 
 
 A. — Guardians. 
 
 The M.C.A. as adapted and altered by G.O. r. 26, is Nomination 
 applied to the election of guardians by L.G.A. s. 48, ^-'^^^^^' 
 sub. 3. 
 
 Each candidate for election as a guardian shall be Shall be in 
 nominated in writing (L.G.A. s. 48, sub. 2 (1.) ; G.O. r. 4, ^"^ting. 
 par. i). As to what "writing" includes, see ante, p. 91. . . 
 
 Nomination papers are obtainable from the returning nomlnTion 
 officer or the overseers by any parochial elector as of papers, 
 right and free of charge (G.O. r. 5, and see ante, p. 96). 
 The parochial electors are thus apparently bound to use 
 an official nomination paper obtained from one of the 
 public officers above mentioned. Each parochial elector 
 is entitled to obtain nomination papers (not paper), and 
 may therefore obtain any reasonable number that he 
 may require. 
 
 The nomination paper shall state the name of the Contents, 
 parish or other area for which the candidate is nominated, 
 the surname and other name or names in full of the 
 candidate, and his place of abode and description, and 
 whether he is qualified as a parochial elector of some 
 parish within the poor law union, or by having during 
 the whole of the twelve months preceding the election 
 resided in the union, or, in the case of a parish or united 
 parishes wholly or partly situate within the area of a 
 borough, by being qualified to be elected a councillor 
 for that borough (G.O. r. 4, par. 2). 
 
 The nomination paper must be fully filled up before Filling up. 
 it is signed by either proposer or seconder (see Harmon 
 V. Park, 7 O. B. D. 369). The form given in the G.O. 
 gives title and date, but if these are not properly filled
 
 no Nomination of Candidates. 
 
 Chap. VI. up, the nomination is nevertheless not necessarily bad 
 
 on that account (see Marto7i v. Gorrill, 23 Q. B. D. 139). 
 
 The name of the parish or other area for which the 
 candidate is nominated must however be stated, either 
 in the title or elsewhere on the face of the paper. This 
 name should be taken from the notice of election, so as 
 to correspond therewith. 
 Candidate's The nomination paper shall state the surname of the 
 
 surname. candidate (G.O. r. 4, par. 2). A man's surnarne or sir- 
 name is his family name ; that part of his name which 
 is not given to him in baptism (Wharton's Law Lexicon). 
 Surnames were unknown in England before the Con- 
 quest, and were not in common use until the twelfth 
 century (Petersd. Abr. vol. v. 513) ; they were originally 
 derived from birthplaces, stations in life, callings, ex- 
 ploits, or personal characteristics ; and were written 
 above, and not after, baptismal names {ib. ; Poph. 57 ; 
 and see Barloiv v. Bateman, 3 P. Wms. 65). A man 
 cannot have two baptismal names {R. v. Neivman, i Ld. 
 Raym. 562), but he may have divers surnames at divers 
 times (Co. Litt. 3 a ; Barlozv v. Bateman, 3 P. Wms. 65) ; 
 he may change his surname, and by repute acquire a 
 new or additional surname or surnames, which will 
 then supersede the original name {Frankland v. NicJiol- 
 son, 3 M. & S. 260). 
 
 A new or additional surname must be bond fide and 
 publicly assumed ; and when so assumed, it is compul- 
 sory on the courts to recognise it {R. v. BillingJinrst, 
 3 M. & S. 250; and see ex parte Bent hall, 6 M. & G. 
 722). The usual mode in which this is now done is by 
 executing and enrolling in the central office of the 
 Supreme Court of Judicature a deed poll, and by insert- 
 ing advertisements in the public newspapers (Davidson's 
 Conveyancing, vol. IIL p. 360 n.). No Act of Parlia- 
 ment, or royal licence, is necessary to legalise a change 
 of surname {Barloiv v. Bateman, 3 P. Wms. 65). 
 
 An illegitimate child usually takes the surname of his 
 mother, but this is not his name until he has acquired it 
 by reputation {R. v. Clark, Kuss. & R. 358 ; 7?. v. Smith, 
 I Moody C. C. 402 ; R. v. Waters, /Z^. 457 ; 7 C. & P. 
 250 ; R. V. Evans, 8 C. & P. 765 ; R. v. Sfro7(d, 
 I C. & Kir. 187) ; such a child is quasi millins filiiis, 
 and can have no name or reputation as soon as he is 
 born (Co. Litt. 3 b). 
 
 The names of a person who has never been christened
 
 3r names. 
 
 Guardians. in 
 
 ^re surnames only (/v. v. Chester, Bishop of, i Ld. Raym. Chap. VI. 
 
 305)- . 
 
 In the case of a compound surname,, it is usual, and 
 seems proper, to insert as the surname all the names 
 forming the compound surname, and to place first the 
 first name of the compound surname : thus, Smith-Jones 
 should be so stated, and not as Jones, Smith. 
 
 The nomination paper shall also state the other name Other name 
 or names in full of the candidate (G.O. r. 4, par 2). A ""^ 
 person's " other name or names " are prima facie the 
 names. given to him on registration of his birth, or on 
 baptism ; but these, as well as his surname, m.ay have 
 since then been altered or added to, and it is a question 
 of fact in each case as to what are, at any given moment, 
 a person's surname and other name or names. 
 
 A man's registered name is that mentioned in the 
 register of his birth ; his birth may, however, be well 
 registered without his christian or baptismal name (see 
 6 %i J Will. IV. c. ^6, s. 17, and sch. A), and the latter 
 name may be given, or altered, and registered within 
 twelve months next after the registration of the birth 
 (37 & z^ Vict. c. 88, s. 8). The birth of an illegitimate 
 child is registered without the name of the father, unless 
 at the joint request of the mother and father, and on the 
 latter as well as the former signing the register {ib. s. 7). 
 
 A man's baptismal or christian name is the name 
 given to him at the font as distinct from his surname, 
 and it has been said from the bench that a christian 
 name may consist of a single letter (Wharton's Law 
 Lexicon, 8th ed.), as is often the case with citizens of 
 the United States of America. This name may be 
 registered within twelve months next after the registra- 
 tion of the birth (37 & 38 Vict. c. ^"i, s. 8). A man can 
 never have any other baptismal name than that given to 
 him at the font ; but he may change his christian name, 
 or acquire a new or additional christian name, in the 
 same manner as with a surname (A', v. Billinghurst, 
 3 M. & S. 250, and see ante, p. no). All the baptismal 
 names form but one christian name {Pongett v. Tonikyns, 
 3 M. & S. 263 ; and see Jones v. Macqnillin, 5 T. R. 195). 
 
 A person whose birth was registered without a name 
 (see supra), and who has never been christened or 
 baptised, and who has not acquired a name by reputa- 
 tion, may, it has been said, be described as of name 
 unknown {R. v. Smith, i Moody C. C. 402).
 
 112 Nomination of Candidates. 
 
 CHAr. VI. The candidate's other name or names must be stated 
 in the nomination paper in full, and should be his true 
 present names, and where there is a doubt as to any of 
 his names, it is best to give both his supposed legal 
 name and also his reputed name ; thus, A. C., commonly- 
 known as A. B. C, or A. B. C, commonly known as 
 A. C. The true name is that which precedes, not that 
 which follows, as alias dictus (R. v. Severn, Say, 279). 
 All the christian names of the candidate should be set 
 out in full, initials to represent a christian name will not 
 suffice (Afat/ier v. Broivn, 1 C. P. D. 596) ; but a con- 
 traction of a christian name which is well known, and in 
 ordinary use as representing that name (such as " Wm." 
 for William) is a sufficient statement of such christian 
 name (see R. v. Bradley, 3 E, & E. 634 ; Henry v, 
 Arviitage, 12 O. B, D. 257; MoorJiouse v. Linney, 15 
 O. B. D. 279). If the candidate is a peer, or is com- 
 monly known by some title, he may be described by his 
 title as if it were his surname (see " Merton " in the form 
 of ballot paper, post, p. 180) ; a title of dignity is part of 
 a man's name as much as a christian name {R. v. Chester, 
 Bishop of, I Ld. Raym. 292). 
 Abode. The nomination paper shall also state the place of 
 
 abode of the candidate (G.O. r. 4, par. 2). A person's 
 "abode" within the meaning of this statute is his 
 residence ; i.e. the place where he lives with his family 
 and sleeps at night, and not his place of business, or 
 one of his several places of business {R. v. Hammond, 
 17 O. B. 772 ; Allen v. Greensill, 4 M. G. & S. 100; 
 andlsee Mayhury v. Mndie, 5 M. G. & S. 283). The 
 object of the rule is to give one place of abode (the 
 candidate's residence), by which he can be easily 
 identified, and not to give the electors a choice of one of 
 several places (the candidate's places of business) which 
 they may think fit to select, and at which the candidate 
 may be more or less well known (7?. v. Hammond, 
 17 O. B. 781). But where a person resides during part 
 of the week, month, or year in one place, and during 
 other part in another place each would seem to be his 
 abode within the above rule, for a person can have two 
 residences, although he has his family in one only 
 {Bond V. St. George, Hanover Square, Overseers of, L. R. 
 6 C. P. 312 ; R. V. Exeter, Mayor of, L. R. 4 O. B. no). 
 The true place of abode should be given without 
 regard to whether it is so stated in the register {R. v.
 
 Guardians. 1 1 3 
 
 Deighton, 5 Q. B. 896; R. v. Coward, 16 O. B. 819; Chap. VI. 
 R. V. Avery, 18 Q. B. 576 ; Soper v. Basingstoke, Mayor 
 of, 2 C. P. D. 440). It would seem that if a wrong 
 place of abode is given the nomination paper is bad, 
 even though the statement corresponds with that on the 
 register {R. v. Coward, 6 Q. B. 819 ; R. v. Hammond, 
 17 Q. B. 772 ; R. V. Deighton, 5 Q. B. 896) ; and that if, 
 on the other hand, the true place of abode is given, 
 though with some inaccuracy, but not so as to mislead 
 anyone, the nomination paper is good {R. v. Spratley, 
 6 E. & B. 363 ; R. v. Gregory, i E. & B. 600 ; Soper v. 
 Basingstoke, Mayor of, 2 C. P. D. 440). The abode 
 should be fully stated, and therefore the name or 
 number of the house and the name of the street, as well 
 as the name of the village or place should be given ; 
 though a nomination paper is probably not bad for 
 omitting any of these particulars, if it give sufficient 
 information to enable the candidate to be identified. 
 
 There are decisions under other statutes in which it 
 has been held that " abode " does not necessarily mean 
 the place where a person sleeps, and that his place of 
 business is a sufficient description of his abode {Haslope 
 V. TJiorne, i M. & S. 103 ; and see Ablett v. Basham, 
 5 E. & B. 1019 ; Blackwell v. Ejiglafid, 8 E. & B. 541 ; 
 Hewer v. Cox, 3 E. & E. 428 ; Greenham v. Child, 
 24 O. B. 29) ; that a man may have two places of abode, 
 one where he abides at night, and another where he 
 abides by day {Mason v. Bibby, 2 H. & C. 883) ; and 
 that a person may fairly be said to reside where he is 
 daily to be found {Ex parte Brewell, re Bowie, 43 L. T. 
 580). But these statutes are not in pari materia with 
 the L.G.A., and are not, it is submitted, authorities 
 against the view above stated. 
 
 The nomination paper shall state the description of Description, 
 the candidate (G.O, r. 4, par. 2). " Description " is the 
 act of delineating or expressing a person by perceptible 
 qualities (Latham's Johnson's Diet.) ; a setting forth of 
 the nature or condition of a person (see Phillip's Diet.) ; 
 that which tells what he is {R. v. Tugzuell, L. R. 3 O. B. 
 704). Where used, as here, in conjunction with " name " 
 and " abode," it means something different from name or 
 place of abode, viz., the rank, profession, trade or occu- 
 pation, if the candidate has any, or his style if he has no 
 occupation (per Field, Q.C., in R. v. Titgzvell, L. R. 
 3 Q. B. at p. 7 1 2 ; and per Patteson, J., in R. v. Coward, 
 
 I
 
 114 Nomination of Candidates. 
 
 Chap. VI. i6 Q. B. 826). If there be a total omission of a candi- 
 
 date's description, the nomination paper is bad {R. v. 
 
 Ttigivcll, L. R. 3 O. B. 712). 
 
 " Rank " is a degree of dignity ; " profession " is a 
 person's calHng, vocation, or known employment, and 
 is used especially of divinity, physic, and law ; and 
 "calling" is a person's trade, proper station, or employ- 
 ment (Latham's Johnson's Diet.). The civil state consists 
 of the nobility and the commonalty {i Black. Comm. 396). 
 The degrees of nobility now in use are dukes, marquesses, 
 earls, viscounts, and barons {ib.) ; the degrees of dignity 
 next beneath a peer are knights and baronets {ib. 403) ; 
 esquires and gentlemen are only names of worship 
 {ib. 405) ; and the rest of the commonalty are trades- 
 men, artificers, and labourers {ib. 407). It is unsettled 
 as to what constitutes the distinction between esquire 
 and gentlemen, but the following are the principal sorts 
 of esquires : the eldest sons of knights and their eldest 
 sons ; the eldest sons of younger sons of peers and their 
 eldest sons ; esquires by virtue of their offices, as justices 
 of the peace, and others who bear an office of trust under 
 the crown, and who are styled esquires by the king in 
 their commissions and appointments ; and the esquires 
 of Knights of the Bath, each of whom appoints three at 
 his installation (//;. 406). If the candidate has no 
 occupation, some such description as "gentleman," or 
 " married woman," or " spinster," or " widow " may be 
 inserted (see the instructions on the form of nomination 
 paper, ante, p. 98). 
 Qualification. The nomination paper shall also state whether the 
 candidate is qualified as a parochial elector of some 
 parish within the poor law union, or by having, during 
 the whole of the twelve months preceding the election, 
 resided in the union, or, in the case of a parish or united 
 parishes wholly or partly situate within the area of a 
 borough, by being qualified to be elected a councillor for 
 that borough (G.O. r, 4, par. 2) ; as to these qualifica- 
 tions, see ante ,p. 32. The candidate or his proposer 
 or seconder filling up the nomination paper should 
 select that one of these three qualifications which is 
 believed to be least open to criticism or attack. When 
 the candidate possesses more than one of these qualifi- 
 cations, it will be sufficient to insert one of his or her 
 qualifications, but more may be inserted (see the instruc- 
 tions on the form of nomination paper, artte, p. 98), and
 
 Guardians. 115 
 
 it is desirable to insert more than one. The statement Chap. VI. 
 
 is to be made by inserting- the words " Parochial 
 
 Elector of parish of ," " Residence," or " Quali- 
 
 fied to be elected Councillor of Borough of ." 
 
 (See the instructions, ante, p. 98.) 
 
 No misnomer, or inaccurate description of any person Misnomer or 
 or place named in any nomination paper shall hinder the '"accurate 
 
 XT * ■'■■*■ clcscriDtioii 
 
 full operation of such paper with respect to that person 
 or place, provided the description of that person or 
 place is such as to be commonly understood (G.O. 
 r. 35). As to the meaning of "commonly understood," 
 see R. V. Coivard, 16 O. B. 819 ; R.v. Gregory, i E. & B. 
 600 ; R. V. Spratley, 6 E. & B. '^^6^ ; R. v. Tngzvell, 
 L. R. 3 O. B. 704; MoorJiouse v. Limiey, 15 Q. B. D. 
 273 ; Hardingv. Cormvell, 60 L. T. 959). 
 
 The nomination paper shall be in the form set out in Form, 
 the notice in the notice of election (form No. i in G.O. 
 sch. I.), or in a form to the like effect (G.O. r. /\, par. 2). 
 The form is given, ante, p. 98. 
 
 The name of more than one candidate shall not be Separate 
 inserted in any one nomination paper (G.O. r. 4, par. 3). nommation 
 
 The nomination paper shall be signed by two paro- essential, 
 chial electors of the parish or other area, as proposer and signature, 
 seconder, and no more (L.G.A. s. 48, sub. 2 (z), and 
 shall state their respective places of abode (G.O. r. 4, 
 par. 2). As to what is " signature," sqq post, p. 1 16; as to 
 who are parochial electors, see ante, p. 68; and as to 
 what is a person's place of abode, see a7tte, p. 112. 
 
 A parochial elector shall not sign a nomination paper 
 for any parish or other area unless he is registered as a 
 parochial elector in respect of a qualification therein 
 (G.O. r. 4, par. 4) ; and a person who, though on the 
 register as a parochial elector, is prohibited from voting 
 (see ante, p. 72), is probably also prohibited from nomi- 
 nating, for nomination is the voice or vote of the 
 electors, and may become the election if no other candi- 
 date is nominated (see R. v. Parkinson, L. R. 3 O. B. 
 11). A candidate, being a parochial elector, may, it is 
 submitted, sign the nomination paper of another candi- 
 date. 
 
 A parochial elector may sign as many nomination Number that 
 papers as there are vacancies to be filled, but shall not "^^^ ^^ 
 sign more nomination papers than there are guardians ^'^"^ ' 
 to be elected for the parish or other area in the poor 
 law union for which the election is to be held (G.O. r. 4, 
 
 I 2
 
 ii6 
 
 Nouiination of Candidates. 
 
 Chap. VI. par. 4). Neither shall he sign nomination papers for 
 
 more than one parish or other area in the union (L.G.A. 
 
 s. 48, sub. 2 (ii.) ; G.O. r. 4, par. 4). 
 
 If any parochial elector shall sign nomination papers 
 for more than one parish or other area in the union, or 
 shall sign a larger number of nomination papers than 
 the number of guardians to be elected for the parish 
 or other area, such of the nomination papers signed by 
 him as relate to the first parish or other area for which 
 a nomination paper signed by him is received by the 
 returning officer shall alone be valid, and of the nomina- 
 tion papers signed by him which relate to that parish 
 or other area such as are first received by the returning 
 officer up to the number of guardians to be so elected 
 shall alone be valid : provided that, for the purposes of 
 this paragraph, nomination papers not properly filled up 
 and signed shall be excluded (G.O. r. 4, par. 5). The 
 order in which the nomination papers are received by 
 the returning officer is recorded by the numbers which 
 he places thereon {ib. r. 27, par. \,post, 118). 
 What is The signature of the proposer and seconder need not 
 
 signature. |^g written in full, but may be their ordinary signatures 
 {Gothard v, Clarke, 5 C. P. D. 262) ; but such signatures 
 must be affixed personally, and not by agent or per 
 procuration (see Toms v. Cinning, 7 M. & G. 88 ; i Lutw. 
 200). The initials only of a christian name are suffi- 
 cient {R. V. Hartlepool, Mayor, etc., ^/, 2 L. M. & P. 666 ; 
 A'. V. Avery, 18 O. B. 576 ; Bozvden v. Besley, 21 O. B. D. 
 
 309)- 
 
 The statute and rules do not require that the signa- 
 tures shall identically correspond with the entries of the 
 name in the register (see Bowdeji v. Besley, 21 Q. B. D. 
 309) ; but it is, nevertheless, desirable that the signatures 
 should agree with the electors' names as entered on the 
 re^^istcr ; for if an elector, whose real name is Charles 
 Arthur Burman, be entered on the register as Charles 
 Burman, and he signs as Charles Arthur Burman, the 
 nomination paper is apparently bad, as the discrepancy 
 suggests that there are two persons, one called Charles 
 Burman and another called Charles Arthur Burman, and 
 a nomination paper so signed has been held to be bad, 
 and may certainly be rejected by the chairman of the 
 meeting {Moor house w Linney, 15 Q. B. D. 273 ; but see 
 Bowde?iv. Besley, 21 O. B. D. 309 ; Harding v. Cornwell, 
 60 L. T. 959). But the addition of " junr." to the name
 
 Guardians. 117 
 
 of a signatory, and which addition forms part of his Chap. VI. 
 
 ordinary signature, but does not appear on the register, 
 
 docs not render the nomination bad {Gledhillw Q-oivther, 
 23 O. B. D. 136); nor yet the signature "Henry D. 
 Davenport" of a person whose full name is Henry 
 Devereux Davenport, and whose name, by a printer's 
 error, appears on the register as Davenport, Henry D. 
 Evereux {Harding v. Cormvdl, 60 L. T. 959). A 
 marksman may affix his mark, but the same must be 
 witnessed by two parochial electors (G. O. r. 34), who may 
 either be marksmen or persons who sign their names. 
 
 The proposer should sign first, after him the seconder, 
 the proposal should precede the seconding, and neither Order of 
 should precede the proper filling in of the candidates' signatures, 
 names, place of abode, and description, and the state- 
 ment whether he is qualified as a parochial elector or by 
 residence (see Harmon v. Park, 7 O. B. D. 369). A 
 different proposer cannot be substituted without the 
 assent of the seconder, if the latter has already signed (ib^ 
 
 If any person forges or fraudulently defaces or 
 fraudulently destroys any nomination paper, or delivers Forged, etc., 
 to the chairman of the parish meeting any forged nomination 
 nomination paper, knowing it to be forged, he shall be P^P^"^* 
 guilty of a misdemeanor, and shall be liable to im- 
 prisonment for any term not exceeding six months with 
 or without hard labour (M.CA. s. 74). An attempt to 
 commit any such offence shall be punishable as the 
 offence is punishable iibi). 
 
 No consent of the candidate to his own nomination is 
 required, but any person who has been elected without Consent of 
 his consent to his nomination being previously obtained, candidate, 
 is not liable to a fine for non-acceptance of office 
 (M.CA. s. 34, sub. 6), and a guardian may refuse to 
 serve {see post, p. 145). 
 
 Every nomination paper shall be sent to the returning Sending in 
 officer so that it shall be received at his office not later xjons. 
 
 than two o'clock in the afternoon of Wednesday, the 5th ■ 
 
 of December, 1894; and a nomination paper received '^^ ^^"^"^ ^'^^ 
 after that time shall not be valid (G.O. r. 6). The 
 returning officer shall note on each nomination paper 
 whether it was received before or after that time (G.O. 
 r, 6). The nomination shall be " sent " to the returning 
 officer, and therefore may be delivered by hand or sent 
 by post. If sent by post, it must be sent in sufficient 
 time so that it shall be " received " by the returning
 
 Hi 
 
 Noini)iation of Candidates. 
 
 CiiAr, VI, officer on the above-named day, and not later than the 
 above-named hour, and any person who adopts that 
 mode of sending the nomination paper must take the 
 risk of its being received by the returning officer too late 
 to be valid. There is no requirement as to the person 
 by whom the nomination paper shall be sent to the 
 returning officer, and it may therefore be sent by the 
 candidate, his proposer or seconder, any parochial elec- 
 tor, or by any agent or servant of any of them. The 
 nomination paper need not be handed to the returning 
 officer personally, all that is required being that it shall 
 be sent to his office ; if delivered, it may therefore be 
 delivered to any person in charge of the office. The 
 note which the returning officer is required to make on 
 each nomination paper need not be made by his own 
 hand, if it be made by his authority or direction ; but as 
 this note has to be made, and as the returning officer is 
 required to number the nomination papers in the order 
 in which they are received by him, he or some competent 
 person should be in attendance at his office to receive 
 the nomination papers, and to make this note and 
 number thereon, or he must so regulate his letter-box, or 
 other receptacle for the reception of letters, as to enable 
 him to satisfy this requirement. The above-mentioned 
 hour (two o'clock) is determined by Greenwich mean 
 time (43 & 44 Vict. c. 9, s. i), not by local time. There 
 is nothing which fixes the earliest day on which a 
 nomination paper may be sent to the returning officer, 
 and practically, therefore, the earliest day is the earliest 
 day on which the parochial elector can obtain a nomina- 
 tion paper. But it is submitted that the returning 
 officer is not bound to receive, number, or note, a nomi- 
 nation paper before the notice of election has been given, 
 and if so, the day on which that notice is given is the 
 earliest day on which a nomination paper should be sent 
 to the returning officer. 
 
 The returning officer shall number the nomination 
 papers in the order in which they are received by him ; 
 and the first valid nomination paper received for a can- 
 didate shall be deemed to be the nomination of that 
 candidate (G.O. r. 7, par. i). The numbering may be 
 on the face or back of the nomination paper ; the former 
 seems preferable. Where several nomination papers are 
 delivered at the returning officer's office at the same 
 moment, e.g., by post, the returning officer should number 
 
 Numbering.
 
 Glial' dians. 1 19 
 
 them in the order in which he opens the envelope or Chap. VI. 
 packet, or takes up and reads the nomination papers. 
 
 As the first valid nomination paper received by the 
 returning officer for a candidate is tJie nomination of that 
 candidate, any other nomination papers of such can- 
 didate, though also valid, become inoperative and 
 nugatory. 
 
 The returning officer shall, as soon as practicable after Dealing 
 
 ., • ^ r •4-- -4-1 WITH BY 
 
 the receipt or any nommation paper, examine the same, returning 
 and decide whether it has or has not been properly filled Officer. 
 up and signed by two parochial electors of the parish or ": . 
 other area, and whether it is or is not invalid under ^^^ decision. 
 rule 4, par, 5, or rule 6 (G.O. r. 7, par. 2), i.e. by reason 
 of the electors, or either of them, having signed more 
 nomination papers than they are entitled to sign (see 
 ib. r. 4, par. 5, ante, p. 1 1 5), or by reason of its having been 
 received too late (see ib. r. 6, ante, p. 117). His decision 
 that a nomination paper has been so filled up and signed 
 and is not invalid as aforesaid shall be final, and shall 
 not be questioned in any proceeding whatever (G.O. 
 r. 7, par. 2). _ 
 
 The returning officer is thus critically to scrutinise and 
 examine each nomination paper, and to satisfy himself 
 that it satisfies the requirements of the Act and rules, 
 before he decides that it is valid. It is evidently in- 
 tended that he shall exercise this function without aid 
 or opposition from any parochial elector,' that he is not 
 to submit any nomination paper to, or to receive objec- 
 tions from, any opposing candidate or elector, or to hear 
 arguments or to receive evidence, but is to decide upon 
 the validity of each nomination paper of his own per- 
 ception and upon his own sole judgment. He may, it is 
 submitted, avail himself of the aid and advice of any 
 skilled or experienced person whom he may desire to 
 consult, but the decision must be his and not that of any 
 such person. He is a judge of fact, and the fact in all 
 cases within his jurisdiction is whether the requirements 
 of the law with respect to the filling up, signature, and 
 time of delivery of a nomination paper have, in substance 
 and in common sense, been complied with. He may 
 take the rest of Wednesday, the 5 th, and the whole of 
 Thursday, the 6th, and Friday, the 7th of December, 1894, 
 in which to arrive at his decision, but not longer, as not 
 later than the last-mentioned date, he must make out and 
 make public the statement as to persons nominated (see
 
 120 
 
 Nomination of Cmididafcs. 
 
 Summary of 
 invalidities. 
 
 Chap. VI. post, p. 123.). In the exercise of this function, the 
 returning officer acts judicially, and he must therefore 
 proceed with the utmost bona fides and impartiality ; if 
 in so doing no partiality or misconduct can be charged 
 against him, he is not responsible for a bond fide, though 
 erroneous, decision upon any point of law which can be 
 raised in regard to any nomination paper (see Harmon 
 V. Park, 6 O. B. D. 323). 
 
 Although the returning officer is thus to decide these 
 questions, he is not to consider any other question, and 
 he is clearly not empowered to deal with every kind of 
 objection that can be raised to a nomination as distin- 
 guished from a nomination paper {see per Lords Watson 
 and Herschell in Pritchard v, Bangor, Mayor, etc., of, 
 13 App. Cas, at pp. 251, 257). He is to satisfy himself 
 as to the validity of the nomination paper, and to deter- 
 mine any formal objections arising on the face thereof, 
 but not of an objection which attacks the qualification 
 of the candidate (jb). 
 
 To sum up, a nomination paper should be decided by 
 the returning officer to be invalid : — 
 
 1. If it does not state the name of the parish or other 
 area for which the candidate is nominated (see ante, 
 pp. 109, 1 10) ; or, 
 
 2. If it does not state the surname and other names 
 in full of the candidate (see ante, pp. no, iii) ; or, 
 
 3. If it does not state the candidate's place of abode 
 (see ante, p. 1 1 2) ; or, 
 
 4. If it does not state the candidate's description (see 
 a7ite, p. 113); or, 
 
 5. If it does not state whether the candidate is qualified 
 as a parochial elector of some parish within the poor law 
 union, or by having during the whole of the twelve 
 months preceding the election resided in the union, or, 
 in the case of a parish or united parishes wholly or 
 partly situate within the area of a borough, by being 
 qualified to be elected a councillor for that borough (see 
 ante, p. 114) ; or, 
 
 6. If the name of more than one candidate is inserted 
 in any one nomination paper (see ante, p. 115) ; or, 
 
 7. If it is not signed by two parochial electors of the 
 parish or other area (see a)ite, p. 115); or 
 
 8. If it does not state the respective places of abode 
 of the proposer or seconder (see ante, p. 115) ; or, 
 
 9. If the name of the proposer, or seconder, or both,
 
 Guardians. 121 
 
 docs not appear on the register of parochial electors for Chap. VI. 
 the parish or other area for which the election is to be ' 
 
 held, and in respect of some qualification therein (see 
 ante, p. 115) ; or, 
 
 10. If either the proposer, or seconder, or both, has or 
 have signed more nomination papers than there are 
 guardians to be elected for the parish or other area for 
 which the election is to be held, then those first received 
 up to the number to be elected shall alone be valid (see 
 ante, p. 115) ; or, 
 
 11. If the proposer, or seconder, or both, has or have 
 signed nomination papers for more than one parish or 
 other area in the union, then those only which relate to 
 the first parish or other area for which a nomination 
 paper is received shall be valid (see ante, p. 116) ; or, 
 
 12. If it was received after the prescribed time (see 
 ante, p. 117). 
 
 With respect to matters clearly within the jurisdiction Frivolous 
 of the returning officer, it should be remembered that objections. 
 the allowance of frivolous objections may lead to the 
 expense of an election petition, and to all the turmoil 
 and expense of another election (as in Mayo, 2 O'M. & H. 
 191) ; also that the returning officer may often be dis- 
 posed (as in Monks v. Jackson, i C. P. D. 6'^'^ to decide 
 that a nomination paper is invalid rather than that it is 
 valid, inasmuch as the former decision is subject to 
 review by a court of law, whereas the latter decision, if 
 made with jurisdiction, is final and cannot be questioned 
 in any proceeding whatever (G.O. r. 7, par. 2). On the 
 other hand, as the rejection of a nomination paper pre- 
 cludes the candidate from going to the poll, a returning 
 officer may often prefer to allow the nomination paper, 
 and thus to leave the electors to express their choice 
 between the candidates ; in which case, if the candidate 
 whose nomination paper may be considered invalid is 
 placed at the bottom of the poll, the further prosecution 
 of the objection becomes immaterial. The proper course, 
 however, is for the returning officer, without regard to 
 consequences, to decide all questions that he has juris- 
 diction to decide. 
 
 If the returning officer shall decide that a nomination Note when 
 paper is invalid, he shall put a note on it to this effect, invalid, 
 stating the grounds of his decision, and he shall sign 
 such note (G.O. r. 7, par. 3). There is no provision that 
 the contents of this note shall be communicated to the
 
 122 
 
 Noniiuatioji of Candidates. 
 
 Chap. VI. 
 
 Notice of 
 decision. 
 
 candidate or parochial electors, as there is at an election 
 of parish councillors (P.O. r. 7, par. 2), but, on the other 
 hand, there is no provision that it shall be kept secret, 
 and it is submitted that the candidate and the proposer 
 and seconder who signed the nomination paper declared 
 to be invalid, should be entitled to inspect the returning 
 officer's note, and thus to inform themselves of the 
 grounds of his decision. 
 
 After deciding that the nomination of any candidate 
 is valid, or (except where a nomination of any candidate 
 has been decided to be valid) that a nomination paper 
 for the candidate is invalid, the returning officer shall, as 
 soon as practicable, send, by post or otherwise, notice of 
 his decision to the candidate (G.O. r. 7, par. 4). The 
 following is a suggested form of notice that the 
 nomination is valid : — 
 
 Union. 
 Parish of 
 Parishes of 
 
 [or 
 
 Ward of the Parish of 
 
 or United 
 
 ]• 
 
 Sir {or Madam], 
 
 I beg to give you notice that I have decided that you have been 
 validly nominated for election as Guardian for the above-named 
 Parish {or Ward or United Parishes]. 
 
 Dated this day of December, 1894. 
 
 (Signed) Y. Z. 
 To A. B., Returning Officer. 
 
 of (abode), 
 {description). 
 
 The name, abode, and description of the candidate 
 thus notified should be taken from the nomination of the 
 candidate, i.e. from the first valid nomination paper 
 received for that candidate (see ante, p. iic>). 
 
 And the following is a suggested form of notice that a 
 nomination paper is invalid : — 
 
 Union. 
 Parish of 
 Parishes of 
 
 {or 
 
 Ward of the Parish of 
 
 or United 
 
 Sir {or Madam], 
 
 I beg to give you notice that I have decided that the nomination 
 paper {or papers] sent to me of yourself as a candidate for election 
 as Guardian for the above-named Parish {or Ward, or United 
 Parishes] is {or are] invalid, and that you have NOT been nominated 
 by a valid nomination paper. 
 
 Dated this day of December, 1S94. 
 
 (Signed) Y. Z. 
 To A. B., Returning Officer. 
 
 of (abode), 
 (description).
 
 Gjtardians. 
 
 12 
 
 Not later than Friday, the 7th of December, 1894, the Chap. VI. 
 returning officer shall make out a statement in the form ■ ■ 
 No. 2 in G.O. sch. I., or in a form to the like effect, ^^^""^^^^^ ''' 
 containing the names, places of abode, and descriptions i°om1nated. 
 of the persons nominated as guardians for the several 
 urban parishes in the poor law union, and also containing 
 a notice of his decision as regards each candidate as to 
 whether he has been nominated by a valid nomination 
 paper or not (G.O, r. 8). He shall forthwith cause a 
 copy thereof to be suspended in the board room of the 
 guardians, and another to be affixed on the principal 
 external gate or door of every workhouse of the union, 
 and, if the board room of the guardians is not situate at 
 any such workhouse, on the external gate or door of the 
 building in which the board room, of the guardians is 
 comprised {ib.). " Forthwith " does not mean imme- 
 diately {Roberts v. Brett, 34 L. J. C. P. 241), but within 
 a reasonable time {R. v. Rice, 8 Moore 203 ; R. v. 
 Worcester, Justices of, 7 Dowl. 789 ; Cos tar v. Hether- 
 ington, I E. & E. 802) ; the intention of this rule is, 
 however, that the statement shall not only be made 
 out, but shall be suspended and affixed not later than 
 Friday, the 7 th of December, 1894, i.e. before midnight 
 of that day. The returning officer is not bound to 
 wait until that day, but may make out, suspend, and 
 affix the statement on Wednesday the 5th, or Thursday 
 the 6th of December, 1894, if he thinks it preferable. 
 
 The following is the above-mentioned form : — 
 
 Union. 
 
 The following is a statement as to the persons nominated for elec- 
 tion as Guardians for the several Urban Parishes [United Parishes 
 and Wards of Parishes, as the case may lh-\ in the above-named Union. 
 
 Parishes 
 
 [United 
 
 Parishes 
 
 and Wards]. 
 
 I. 
 
 Persons Nominated. 
 
 Decision of Return- 
 ing Officer that 
 Candidate has not 
 been nominated by 
 a valid Nomination 
 Paper. 
 
 5- 
 
 Names pj^^^^ ^^ 
 (Surnames ^,^^j^_ 
 hrsl). 
 
 -• 3- 
 
 Descriptions. 
 4. 
 
 
 
 

 
 124 
 
 Nomination of Candidates. 
 
 Chap. VI. 
 
 WlTH- 
 
 drawai, of 
 Candidate. 
 
 How and 
 when. 
 
 Statement to 
 returning 
 officer of 
 urban district 
 councillors. 
 
 The Candidates opposite whose names no entry is made in Column 5 
 have been validly nominated. 
 
 Dated this day of December, 1894. 
 
 Returni7ig Officer, 
 
 Office for p2irpose of election. 
 
 Any candidate may withdraw his candidature by 
 delivering or causing to be delivered at the office of the 
 returning officer before four o'clock on the afternoon of 
 Friday, the 7th of December, 1894, a notice in writing of 
 such withdrawal, signed by him (G.O. r. 9). The 
 following form is suggested : — 
 
 Union. 
 
 Election of Guardians, December, 1894. 
 
 I, A. B., of , having been nominated 
 
 above-named election for the Parish of 
 Parish of , or United Parishes of 
 
 candidature. 
 
 Dated this day of December, 1894 
 
 candidate at the 
 [or Ward of the 
 
 ], hereby withdraw my 
 
 To the Returning Officer. 
 
 (Signed) 
 
 A. B. 
 
 It will be observed that the candidature of a candidate 
 cannot be withdrawn by his proposer or seconder, or 
 by any person other than the candidate himself It will 
 also be observed that the notice of withdrawal must be 
 delivered at the office of the returning officer before the 
 above-mentioned day and hour, and that if the notice is 
 delivered subsequently, or if the candidate subsequently 
 desires to withdraw his candidature, such withdrawal is 
 too late to have any effect in stopping the poll. The 
 hour (4 P.M.) is determined by Greenwich mean time 
 (43 & 44 Vict. c. 9, s. i), not local time. 
 
 Immediately after four o'clock on Friday, the 7th of 
 December, 1894, the returning officer shall send to each 
 returning officer for the election of urban district 
 councillors who is deputy returning officer for the 
 purposes mentioned ante, p. 91 in relation to the poll 
 for the election of guardians, a statement of the persons 
 validly nominated as guardians for the parish who 
 have not withdrawn their candidatures, giving the 
 surname and other name or names in full of each 
 such candidate, and his place of abode and descrip- 
 tion, and the names of his proposer and seconder, and 
 their respective places of abode (G.O. r. 13, par. 2). 
 The returnincf officer for the election of urban district
 
 Guardians. 
 
 125 
 
 councillors is deputy returning officer for the election of Chap. vi. 
 
 guardians, where the parish is co-extensive with, or • 
 
 wholly comprised in, an urban district, not divided into 
 wards, or wherever the county council direct that the 
 polls for the election of guardians for the parish and any 
 poll for the election of urban district councillors are to 
 be taken together, and such polls are taken together 
 (G.O. r. 13, par. i ; and see ante, p. 91). The following 
 form of the above-mentioned statement is suggested : — 
 
 Union, 
 
 Parish of 
 Parishes of 
 
 \or 
 
 ]• 
 
 Ward of the Parish of 
 
 , or United 
 
 The following is a Statement of the persons validly nominated as 
 Guardians for the above-named Parish \or Ward or United Parishes] 
 who have not withdrawn their candidatures. 
 
 Persons validly nominated. Proposer. 
 
 Seconder. 
 
 Sur- 
 name. 
 
 Other 
 Name or 
 
 Names 
 (in full). 
 
 Place 
 
 of 
 Abode. 
 
 Descrip- 
 tion. 
 
 Names. 
 
 Place 
 
 of 
 Abode. 
 
 Names. 
 
 Place 
 
 of 
 Abode. 
 
 
 
 
 
 
 
 
 
 Dated this seventh day of December, i^ 
 
 Y.Z. 
 lieturtimg Officer. 
 
 Office for purpose of election, 
 
 '. To W. X., 
 
 The Eetiirning Officer for the Election of Urban District Councillors. 
 
 If the number of valid nominations exceeds that of number of 
 the persons to be elected as guardians, the guardians Nomina- 
 shall be elected from amongst the persons nominated '^^°^"^' 
 (G.O, r. 10, par. i), and a poll must be held to determine Exceeding 
 which of the persons nominated is to be declared vacancies? 
 elected. 
 
 If the number of valid nominations does not exceed Not exceeding 
 the number of guardians to be elected, or if by the ^'^^ancies. 
 withdrawal of any candidates as provided by rule 9, (see 
 ante, p. 124), the number of candidates for the parish is 
 reduced to a number not exceeding the number of
 
 126 Nomination of Candidates. 
 
 Chap. VI. persons to be elected, or if the number of candidates is 
 . otherwise so reduced, the returning officer shall, as early 
 
 pou'wiU be "° ^^ practicable, give public notice in the parish to this 
 taken. effect, stating that no poll will be taken, and that the 
 
 candidates, or the remaining candidates, as the case 
 may be, will be declared to be elected (G.O. r. lo, par. 2). 
 The word " valid " here refers to nominations which are 
 held to be valid by the returning officer ; and therefore, 
 if the nomination of a person who is legally disqualified 
 is regular in form, and fulfils all requisite conditions, it 
 is a good nomination notwithstanding that the person is 
 disqualified, and notwithstanding that his election is 
 open to question by means of an election petition {per 
 Lord Herschell in PritcJiard v. Bangor, Mayor, &c., of, 
 13 App. Cas. 257). A candidate duly nominated will 
 on election petition be declared elected, although his 
 opponent, who was not duly nominated, has obtained a 
 majority of lawful votes {Monks v. Jackson, i C. P. D. 683 ; 
 Brown v. Benn, 5 Times L. R. 247). If by reason of 
 the number of valid nominations being less than the 
 vacancies a difficulty arises with respect to the first 
 meeting of the board {e.g. by reason of there being an 
 insufficient number of duly elected guardians to form a 
 quorum), or if owing to the same reason the first board 
 of guardians is not properly constituted, the county 
 council may make an order as mentioned ante, p. 15. 
 As to the continuance in office of previously elected 
 guardians when there has been a failure to elect new 
 guardians, see ante, p. 16. The words "otherwise so 
 reduced " include the case of the death of a candidate 
 {see post, p. 128). 
 
 The above-mentioned notice that no poll will be 
 taken shall be given " as early as practicable " {ib. r. 10, 
 par. 2), but it is not practicable to give it earlier than 
 4 P.M. on Friday, the 7th of December, 1894, for until 
 that hour on that day any candidate may withdraw his 
 candidature (see ante, p, 124), and therefore until then 
 the returning officer does not know whether " by the 
 withdrawal of any candidates the number of candidates 
 is reduced to a number not exceeding the number of 
 persons to be elected " (see G.O. r. 10, par. 2), and 
 cannot state in the notice whom, if any one, has " with- 
 drawn his candidature" (see the form, infra). The 
 notice shall be in the following form, or in a form to the 
 like effect (G.O. r. 10, par. 4) : —
 
 Guardians. 1 27 
 
 Union. Chap. VI. 
 
 Parish of \pr Ward of the Parish of , or United 
 
 Parishes of .] 
 
 Whereas the following candidates have been duly nominated for elec- 
 tion as Guardians for the said Parish \or Ward or United Parishes] : — 
 {Insert fiames, places of abode, and descriptions of candidates. ^ 
 
 And whereas the number of those \or And whereas the said 
 
 {insert name or fiames] has [or have] since withdrawn his [or their] 
 candidature [or if some other e^'ent has occurred causing a person to 
 cease to be a candidate state what it />], and the number of the 
 remaining] candidates does not exceed the number of persons to be 
 elected as Guardians for the said Parish [or Ward or United Parishes], 
 I do hereby give notice that a poll will not be taken, and that 
 the said [ifisert names\ will be declared elected as 
 
 Guardians for the said Parish [or Ward or United Parishes.] 
 
 Dated this day of December, 1894. 
 
 Retnrnifig Officer. 
 
 As to how and where " public notice " is given see 
 ante, p. 100. 
 
 The returning ofificer shall forthwith send, by post or 
 otherwise, a copy of such notice to each of such candi- 
 dates (G. O. r. 10, par. 3). 
 
 The returning officer shall prepare and sign a state- Publication 
 ment of the result of the elections in all the urban ^^ elec-^^ 
 parishes in the poor law union, and shall by such notice tions. 
 
 declare to be elected the persons who, under rule 10 
 
 (seeaute, p. 125), are to be declared to be elected without Notice 
 a poll being taken (G. O. r. 24, par. i). Such persons^ ^^^°' 
 shall be deemed to have been elected on the day of 
 election fixed by or under G. O. r. 2 (id.), as to which 
 see anU, p. 95. The notice is not to be given until the 
 result of all the elections in all the parishes in the union 
 has been ascertained (see G.O. r. 24, par. i), but when 
 given shall be in the following form, or in a form to the 
 like effect (td.). 
 
 Union. 
 
 Election of Guardians 
 
 for the above-named Union in the year 1S94. 
 
 I, the undersigned, being the Returning Officer at the election of 
 Guardians for the said Union, do hereby [give notice that the 
 candidates, whose names are entered in column 6 of the statement 
 hereunder, opposite to the names of Parishes, Wards, or United 
 Parishes in which polls have been taken have been declared duly 
 elected Guardians ; and I hereby] declare that the candidates whose 
 names are entered in the said column opposite to the names of 
 Parishes, Wards, and United Parishes [where no jdoIIs have been 
 taken] were duly elected Guardians for the same.
 
 128 
 
 Nomination of Candidates. 
 
 Chap. VI. 
 
 Death of 
 Candidate. 
 
 Parishes, 
 Wards, and 
 
 United 
 Parishes. 
 
 I. 
 
 Names of Candidates. 
 
 Places of 
 Abode. 
 
 4- 
 
 Number of 
 
 Votes 
 recorded. 
 
 5-' 
 
 Names of 
 
 Candidates 
 
 elected. 
 
 6. 
 
 Surnames. 
 
 2. 
 
 Other 
 Names. 
 
 3- 
 
 
 
 
 
 
 
 Dated this 
 
 day of December, 1894. 
 
 Ret7irning Officer. 
 
 If the elections in all the urban parishes in the union 
 are uncontested, so that no poll is taken, the above form 
 may be modified by omitting the words in brackets, 
 altering the words '• said column " to " column No. 6 in 
 the statement hereunder," and omitting column No. 5. 
 
 The returning officer shall cause a copy of the state- 
 ment to be suspended in the board room of the guardians 
 (G. O. r. 24, par. 2). He shall also send a sufficient 
 number of copies of the statement to the overseers of 
 each urban parish in the union, and the overseers shall 
 cause public notice to be given of such statement {ib^ 
 by posting the same on or near the principal door of 
 each church or chapel in the parish and in some 
 conspicuous place or places within the parish iib. r. 33, 
 and see ante, p. 100). 
 
 There is no express provision for the case of the 
 death of the candidate at the time when, or after, he has 
 been nominated and before the poll, but G. O. r. 10, par. 2 
 {aiite, p. 125), speaks of the number of candidates being 
 " otherwise so reduced " as that the number of valid 
 nominations or candidates does not exceed the number 
 of vacancies. These words " otherwise so reduced " are 
 sufficient to include a reduction by death, and to 
 authorise the returning officer to give notice that no poll 
 will be taken in the event dealt with by that rule. But 
 there is no provision enabling or directing a returning 
 officer to take notice of a death in any other case, and he 
 must therefore, in any other case, retain the name in the 
 notices, ballot papers, &c., and in every way treat the 
 candidate as still alive. What evidence of death the
 
 G2iaydians. 1 29 
 
 returning officer should require in the case above Chap. VI. 
 mentioned is left to his discretion, but it is submitted 
 that he may safely act on a doctors certificate, or on a 
 statutory declaration of any credible person present at 
 the death. 
 
 After election the death of a guardian creates a 
 casual vacancy, in respect whereof notice can be given 
 and a fresh election held {se.Q post, p. 156). 
 
 As to the expenses incurred by the returning officer Expenses of 
 in connection with an uncontested election of guardians Ele ction . 
 and the repayment thereof, see post, p. 312. 
 
 B.— Rural District Councillors. 
 
 Most of the rules of the R.O. are in precisely the 
 same language to those of the G.O. It is therefore only 
 necessary to notice the different numbering of the rules, 
 and such differences as exist in the two orders, and to 
 refer to the antecedent pages of this book where the 
 subject of each rule is discussed. 
 
 Each candidate must be nominated in writing (R.O. Nomination 
 r. 4, par. i, and see ante, p. 109), and nomination papers Paper^ 
 are obtainable from the returning officer or overseers 
 {id. r. 5, and see ante, p. 109). The nomination paper Contents. 
 shall state the name of the parish or other area for which 
 the candidate is nominated, the surname and other name 
 or names in full of the candidate, and his place of abode 
 and description, and whether he is qualified as a 
 parochial elector of some parish within the poor law 
 union in which the rural district or the part of the rural 
 district containing the parish or other area is situate is 
 comprised, or by having, during the whole of the twelve 
 months preceding the election, resided in the union, or 
 by being qualified to be a councillor for a borough 
 wholly or partly situate within the union (//;. r. 4, par. 2, 
 and see ante, p. 109) ; and a misnomer or inaccurate 
 description in the nomination paper shall not hinder its 
 full operation, if the description be such as to be com- 
 monly understood {id. r. 34, and see ante, p. 115). The Form, 
 nomination paper shall be in the form set out in the 
 notice of election {ante, p. 102), or in a form to the like 
 effect {id. r. 4, par. 2). The name of more than one 
 candidate shall not be inserted in any one nomination 
 paper {id. r. 4, par. 3). 
 
 The nomination paper shall be signed by two parochial Signature. 
 
 K
 
 130 
 
 Nomination of Candiaates. 
 
 Chap. VI. 
 
 Sending in 
 Nomina- 
 tions. 
 
 To whom 
 and when. 
 
 Dealing 
 
 ■WITH BY 
 
 Returning 
 Officer. 
 
 Examination 
 and decision. 
 
 .Statement as 
 to persons 
 nominated. 
 
 electors of the parish or other area and no more (R.O. r. 4, 
 par. 2, and see ante, p. 115) : a parochial elector shall not 
 sign more nomination papers than there are councillors 
 to be elected, nor for more than one parish or other area 
 in the rural district {ib. r. 4, par. 4, and see ante, p. 115) ; 
 and if he does sign more than such number of nomina- 
 tion papers, the effect is the same as at an election of 
 guardians (see //;. r. 4, par. 5, and ante, p. 1 16). The 
 same penalty attaches to the forgery, etc., of a nomina- 
 tion paper (M.C.A. s. 74, ante, p. 117), and a candidate 
 nominated without his own consent is not liable to the 
 fine for non-acceptance of office {ib. 34, sub. 6, ante, p. 117)' 
 
 Nomination papers must be sent to the returning officer 
 not later than the same day and hour (2 P.M. on 
 Wednesday, the 5th of December, 1894), and the return- 
 ing officer shall make the same note thereon (R.O. r. 6) 
 as in the case of guardians (see ante, p. 117). 
 
 The returning officer shall number the nomination 
 papers, and the first valid nomination received by him 
 shall be the nomination of the candidate (R.O. r. 7, 
 par. I, and see ante, p. 1 18). The returning officer shall 
 examine and decide on the validity of each nomination 
 paper, shall put a note on any that he decides to be 
 invalid, and shall send notice of his decision to each 
 candidate {ib. r. 7, pars. 2, 3, 4), as in the case of guar- 
 dians (see ante, pp. 119, 121, 122). 
 
 Not later than Friday, the 7th of December, 1894, the 
 returning officer shall make out a statement in the form 
 No. 2 in R.O, sch. I., or in a form to the like effect, 
 for each rural district, or part of a rural district, com- 
 prised in the poor law union, containing the names, 
 places of abode, and descriptions of the persons nomi- 
 nated as rural district councillors for the several parishes 
 in the rural district or part of a rural district, and also 
 containing a notice of his decision as regards each can- 
 didate as to whether he has been nominated by a valid 
 nomination paper or not (R.O. r. 8, and see ante, p. 123). 
 He shall forthwith cause a copy thereof to be suspended 
 in the board room of the guardians of the poor law 
 union in which these parishes are situate, and another 
 to be affixed on the principal external gate or door of 
 every workhouse of the union, and, if the board room of 
 the guardians is not situate at any such workhouse, on 
 the external gate or door of the building in which the 
 board room is comprised {ib).
 
 Rural District Councillors. 
 
 131 
 
 The following is the above-mentioned form 
 
 Chap. VI. 
 
 Rural District of 
 
 The following is a statement as to the persons nominated for elec- * If the 
 tion as Rural District Councillors for the several Parishes [United Rural Dis- 
 Parishes and Wards of Parishes, as the case may be] in the above- trict is wholly 
 named Rural District [*\vhich arc situated in the Poor Law Union comprised 
 
 of 
 
 Parishes 
 [United 
 Parishes 
 
 and 
 Wards]. 
 
 I. 
 
 Persons nominated. 
 
 Decision of Returning 
 Officer that Candidate 
 has not been nominated 
 by a valid Nomination 
 Paper. 
 
 5- 
 
 Names 
 
 (Surnames 
 
 first). 
 
 2. 
 
 Places 
 
 of 
 Abode. 
 
 ■-» 
 J- 
 
 Descrip- 
 tions. 
 
 4- 
 
 
 
 
 
 
 in one Poor 
 Law Union 
 omit these 
 words. 
 
 The Candidates opposite whose names no entry is made in Column 5 
 have been validly nominated. 
 
 Dated tliis day of December, 1894. 
 
 Returning Officer. 
 
 Office for purpose of election. 
 
 Any candidate may withdraw his candidature in the 
 same time and manner as in the case of guardians (R.O. 
 r. 10, and see ajite, p. 124). 
 
 If the number of valid nominations exceeds that of 
 the persons to be elected, the councillors shall be elected 
 from amongst the persons nominated (R.O. r. 9, par. i, 
 and see ante, p. 125). 
 
 If the number of valid nominations does not exceed 
 the number of rural district councillors to be elected, 
 the returning officer shall on Friday, the 7th day of 
 December, 1894, send, by post or otherwise, notice to 
 each candidate who has not withdrawn his candidature 
 under rule 10, stating that he will be returned as elected 
 (R.O. r. 9, par. 2) ; this notice is, it will be observed, 
 to be sent " on," not " not later than " {cp. ib. r. 8, 
 ante, p. 125) Friday, the 7th of December, 1894, and it 
 must therefore be sent on that day and on no other. 
 The candidates to whom this notice is to be sent are, of 
 course, only those who have been validly nominated. 
 
 K 2 
 
 With- 
 drawal OF 
 Candidate. 
 
 Number of 
 
 Nomina- 
 tions. 
 
 Exceeding 
 vacancies. 
 
 Not exceeding 
 vacancies. 
 
 Notice to 
 candidate.
 
 132 
 
 Noinination of Candidates. 
 
 Chap. VI. The following form of notice to the candidates is 
 suggested : — 
 
 Rural District of 
 
 Parish of \pr Ward of the Parish of , or 
 
 United Parishes of ]. 
 
 Sir \or MadaiiiJ, 
 
 Whereas you have been duly nominated for election as a Rural 
 District Councillor for the above-named Parish {or Ward, or United 
 Parishes]. And whereas the number of valid nominations does not 
 exceed the number of Rural District Councillors to be elected, Now 
 I hereby give you notice that you will be returned as elected. 
 Dated this seventh day of December, 1894. 
 
 (Signed) Y. Z., 
 To A. B., Returning Officer. 
 
 of (abode), 
 {description). 
 
 The name, abode, and description of the candidate 
 thus notified should be taken from the 7iomi7iation of the 
 candidate ; i.e. from the first valid nomination paper 
 received for that candidate (see ante, p. 118). 
 
 The returning officer shall also as early as practicable 
 send, by post or otherwise, notice to the overseers of the 
 parish of the names, places of abode, and descriptions 
 of the persons who will be declared to be elected, and 
 the overseers shall give public notice thereof in the 
 parish (R.O. r. 9, par. 2). The following form of notice 
 to the overseers is suggested : — 
 
 Rural District of 
 
 Parish of \pr Ward of the Parish of or United 
 
 Parishes of ]. 
 
 Whereas the number of valid nominations of candidates for elec- 
 tion as Rural District Councillors for the above-named Parish \or 
 Ward or United Parishes] does not exceed the number of Rural 
 District Councillors to be elected for the said Parish \or Ward or 
 United Parishes]. Now I hereby give notice that the following 
 are the names, places of abode, and descriptions of the persons who 
 will be declared to be elected. 
 
 Notice to 
 overseers. 
 
 Names. 
 
 Places of 
 Abode. 
 
 Descriptions. 
 
 Surnames, 
 
 Other Name or Names. 
 
 
 
 
 
 Dated this seventh day of December, 1894. 
 To the Overseers, 
 
 Y. Z., 
 
 Returtting Officer.
 
 Rural District Councillors. 
 
 133 
 
 The following form of notice by the overseers is Chap. VI. 
 
 suggested : — 
 
 Rural District of 
 
 Parish of 
 
 Parishes of 
 
 \or Ward of the Parish of 
 
 or United 
 
 Whereas the number of valid nominations of candidates for elec- 
 tion as Rural District Councillors for the above-named Parish \or 
 Ward or United Parishes] does not exceed the number of Rural 
 District Councillors to be elected for the said Parish \or Ward or 
 United Parishes]. Notice is therefore hereby given that the 
 following are the names, places of abode, and descriptions of the 
 persons who will be declared to be elected. 
 
 Names. 
 
 Places of 
 Abode. 
 
 Descriptions. 
 
 Surnames. 
 
 Other Name or Names. 
 
 
 
 
 
 Dated this 
 
 day of December, 1894. 
 
 \Over seers. 
 
 Printed and published by K. & Co. of 
 
 The overseers should give this notice forthwith on 
 receipt of the notice from the returning officer. As to 
 what is public notice, see ante, p. 100. 
 
 If, by the withdrawal of any candidates as provided Notice that 
 by rule 10, the number of candidates for the parish is poU will not 
 reduced to a number not exceeding the number of ^'^'^"' 
 persons to be elected, or if the number of candidates is 
 otherwise so reduced, the returning officer shall give 
 public notice in the parish to this effect, stating that no 
 poll will be taken, and that the remaining candidates 
 will be declared to be elected {R.O. r. 11, par. i, and 
 see ante, p. 125). 
 
 He shall forthwith send, by post or otherwise, a copy 
 of such notice to each of such last-mentioned candidates 
 {ib. par. 2). 
 
 The notice shall be in the following form, or in a form 
 to the like effect {ib. par. 3) : —
 
 134 Nomination of Candidates. 
 
 Chap. VI. Rural District of . 
 
 Parish of \or Ward of the Parish of , or 
 
 United Parishes of ]. 
 
 Whereas the following candidates have been duly nominated for 
 election as Rural District Councillors for the said Parish \or Ward or 
 United Parishes] : — ^Insert names, places of abode, and descriptions of 
 candidates.} 
 
 And whereas [insert name or names'} has \or have] since withdrawn 
 his \or their] candidature \or if ssme other event has occurred causing a 
 person to cease to be a candidate state what it is\, and the number of the 
 remaining candidates does not exceed the number of persons to be 
 elected as Rural District Councillors for the said Parish \or Ward or 
 United Parishes], I do hereby give notice that a Poll will not be 
 taken, and that [insert names] will be declared elected 
 
 as Rural District Councillors for the said Parish [or Ward or United 
 Parishes]. 
 
 Dated this day of December, 1894. 
 
 Retjirning Officer. 
 
 Publication The returning officer shall, with respect to each rural 
 
 OF RESULT r- 
 
 Elections. 
 
 OF RESULT OF (^jgi-j-jct or part of a rural district comprised in the poor 
 
 law union, prepare and sign in duplicate a statement of 
 Notice the result of the elections in all the parishes in the 
 
 thereof. district or part of a district, and shall by such notice 
 
 declare to be elected the persons who, under rule 9 (see 
 ante, p. 131), or rule 11 (see ante, p. 133), are to be 
 declared to be elected without a poll being taken (R.O. 
 r. 23, par. i). Such persons shall be deemed to have 
 been elected on the day of election fixed by or under 
 R.O. r. 2 {ib), as to which see ante, p. 100. The notice 
 shall be in the form No. 7 in R.O. sch. I., or in a 
 form to the like effect {ib. r. 23, par. i). One of these 
 statements shall be sent by the returning officer, as early 
 as practicable, to the clerk to the rural district council, 
 and the other to the clerk to the guardians of the union 
 comprising the rural district or the part of a rural 
 district ; and copies of the statement shall be sent by 
 the returning officer to the returning officer for so much 
 of the rural district (if any) as is situate in another poor 
 law union, and to the elected candidates (R.O. r. 23, 
 par. 2). The returning officer shall also send a sufficient 
 number of copies of the statement to the overseers of 
 all the parishes comprised in the rural district, whether 
 in the same union or not, and the overseers of every such 
 parish shall cause public notice to be given of such state- 
 ment (R.O. r. 23, part 3). As to what is public notice, 
 see ante, p. 100. 
 
 The following is the form No. 7 of notice in R.O.
 
 Rural District Councillors. 
 
 135 
 
 sell. I. above mentioned. If the whole of the elections 
 are uncontested, the notice can be altered and adapted 
 as suggested, a7ite, p. 128. 
 
 Rural District of 
 
 Election of Rural District Councillors for the above District 
 
 Yor for so much of the above District as is comprised in 
 the Union] in the year 1894 
 
 I, the undersigned, being the Returning Officer at the election of 
 Rural District Councillors for the said District \pr for so much of the 
 said District as is comprised in the said Union], do hereby give 
 notice that the candidates whose names are entered in Column 6 of the 
 statement hereunder, opposite to the names of Parishes, Wards, and 
 United Parishes in which polls have been taken, have been declared 
 duly elected Rural District Councillors ; and I hereby declare that the 
 candidates whose names are entered in the said column opposite to 
 the names of Parishes, Wards, and United Parishes where no polls 
 have been taken were duly elected Rural District Councillors for the 
 same. 
 
 Chai'. VI. 
 
 Parishes, 
 
 Wards, and 
 
 United. 
 
 Parishes. 
 
 I. 
 
 Names of Candidates. 
 
 
 Number 
 of Votes 
 recorded. 
 
 5- 
 
 Names of 
 
 Candidates. 
 
 elected. 
 
 6. 
 
 Other 
 Surnames. ^,^^^^^_ 
 
 2. ! 3- 
 
 Places of 
 Abode. 
 
 4- 
 
 
 
 
 
 
 
 Dated this 
 
 day of December, 1894. 
 
 Returning Officer. 
 
 The same remarks with regard to the death of a candi- Death of 
 
 date apply as in the case of guardians {ante^ p. 128), with . 
 
 the substitution of R.O. r. 11, par. i for G.O. r. 10, par. 2. 
 
 As to the expenses incurred by a returning officer in expens es of 
 connection with an uncontested election of rural district Election. 
 councillors, and the repayment thereof, SQii post, p. 312. 
 
 C— Urban District Councillors. 
 
 The U.O. is of even date with the G.O., and follows 
 the language of the latter even more closely than 
 the R.O. Its differences are mainly differences of 
 omission, due to the smaller and more compact areas 
 over which it operates. It is, therefore, again only 
 necessary to notice the different numbering of the rules, 
 and such differences as exist between it (the U.O.) and
 
 136 
 
 Nomination of Candidates. 
 
 Chap. VI. 
 
 Nomination 
 Paper. 
 
 Contents. 
 
 Form. 
 
 Signature. 
 
 Sending in 
 Nomina- 
 tions. 
 
 To whom 
 and when. 
 
 Dealing 
 with by 
 Returning 
 Officer. 
 
 the G.O., and to refer to the antecedent pages of this 
 book where the subject of each rule is discussed. 
 
 Each candidate must be nominated in writing (U.O. 
 r. 4, par. i, and see ante, p. 109), and nomination papers 
 are obtainable from the returning officer {ib. r. 5, and see 
 ante, p. 109), but not from the overseers. The nomina- 
 tion paper shall state the name of the district or ward 
 for which the candidate is nominated, the surname and 
 other name or names in full of the candidate, and his 
 place of abode and description, and whether he is 
 qualified as a parochial elector of some parish within the 
 district, or by having during the whole of the twelve 
 months preceding the election resided in the district {ib. 
 r. 4, par. 2, and see ante, p. 109) ; and a misnomer or 
 inaccurate description in the nomination paper shall not 
 hinder its full operation, if the description be such as to 
 be commonly understood {ib. r. 32, and see ante, p. 115). 
 The nomination paper shall be in the form set out in the 
 notice of election {ante, p. 105), or in a form to the like 
 effect {ib. r. 4, par. 2). The name of more than one 
 candidate shall not be inserted in any one nomination 
 paper {ib. r. 4, par. 3. It shall be signed by two 
 parochial electors of the district, or, if the district is 
 divided into wards, of the ward, as proposer and seconder, 
 and no more, and shall state their respective places of 
 abode {ib. r. 4, par. 2, and see ante, p. 115); a parochial 
 elector shall not sign more nomination papers than there 
 are councillors to be elected, nor for more than one ward 
 in the urban district (//;•. r. 4, par. 4, and see ante, p. 115); 
 and if he does sign more than such number of nomina- 
 tion papers, the effect is the same as at an election of 
 guardians (see ib. r. 4, par. 5, and ante, p. 116). The 
 same penalty attaches to the forgery, etc., of a nomina- 
 tion paper (M.C.A. s. 74, ante, p. 117) ; and a candidate 
 nominated without his own consent is 
 fine for non-acceptance of office {ib. s. 
 p. 117). 
 
 Nomination papers must be sent to the returning 
 officer on the same da)^ and hour (2 P.M. on Wednesday, 
 the 5th of December, 1894), and the returning officer 
 shall make the sam.e note thereon (U.O. r. 6), as in the 
 case of guardians (see ante, p. 117). 
 
 The returning officer shall number the nomination 
 papers, and the first valid nomination paper received by 
 him shall be tJie nomination of the candidate (U.O. r. 7, 
 
 not liable to the 
 34, sub. 6, ante.
 
 Urban District Cojincillors. 
 
 137 
 
 par. I, and sec ante, p. 118). The returning officer shall Chap. VI. 
 examine and decide on the validity of each nomination -; 
 paper, shall put a note on any that he decides to be Exainmation 
 invalid, and shall send notice of his decision to each 
 candidate {ib. r. 1 7, pars. 2, 3, 4), as in the case of 
 guardians {see ante, pp. 119, 121, 122). 
 
 Not later than Friday, the 7th of December, 1894, the Statement as 
 returning officer shall make out a statement in the form ^° persons 
 No. 2 in U.O. sell. I., or in a form to the like effect, 
 containing the names, places of abode, and descriptions 
 of the persons nominated as urban district councillors 
 for the district or for the several wards thereof, and 
 also containing a notice of his decision as regards each 
 candidate as to whether he has been nominated by a 
 valid nomination paper or not (U.O. r. 8, and see ante, 
 p. 123). He shall forthwith cause a copy thereof to be 
 suspended in the board room, if any, of the urban sanitary 
 authority, and another to be affixed on the principal 
 external gate or door of the offices of the sanitary 
 authority {ib.). If there are no such offices he shall cause 
 such notice to be posted in some conspicuous place or 
 places within the district {ib. and see ante, p. 100). 
 
 The follovvincr is the above-mentioned form : — 
 
 Urban District of 
 
 The following is a statement as to the persons nominated for 
 election as Urban District Councillors for the above-named District 
 Yor for the several Wards in the above-named District]. 
 
 District 
 [or Wards]. 
 
 I. 
 
 Persons nominated. 
 
 Decision of Returning 
 Officer that Candidate 
 has not been nominated 
 by a valid Nomination 
 Paper. 
 
 5. 
 
 Names 
 
 (Surnames 
 
 first). 
 
 2. 
 
 Place of 
 Abode. 
 
 3- 
 
 Descrip- 
 tion. 
 
 4. 
 
 
 
 
 
 
 The Candidates opposite whose names no entry is made in Column 5 
 have been validly nominated. 
 
 Dated this day of December, 1894. 
 
 ReUirning Officer. 
 
 Office for purpose of election.
 
 138 Nomiuation of Candidates. 
 
 Chap. VI. Any candidate may withdraw his candidature in the 
 
 ,,, same time and manner as in the case of guardians 
 
 With- 
 
 DRAWALOF (U.O. r. Q, and see ante, p. 124). 
 
 Candidate, If the number of vaHd nominations exceeds that of 
 
 the persons to be elected, the councillors shall be elected 
 
 Number OF from amongst the persons nominated (U.O. r. 10, par. i, 
 Nomina- , ? .^i\ 
 
 TioNs. and see rt«/^, p. 125). 
 
 If the number of valid nominations does not exceed 
 
 Exceeding \\^^x. of the Councillors to be elected, or if by withdrawals 
 vacancies. ^j^^^ ^^^ reduced to a number not exceeding the number 
 Not exceeding ^^ ^^ elected, or if the number of candidates is otherwise 
 va,c3.ncies. i i i • m i 11 • 1 i* 
 
 ^ . , so reduced, the returnmg omcer shall give public notice 
 
 no poll wbl that no poll will be taken, and shall send a copy of such 
 
 betaken. notice to each of the candidates (U.O. r. lo, pars. 2, 3), 
 
 as in the case of guardians (see ^t;//^, p. 125). The notice 
 
 shall be in the following form, or in a form to the like 
 
 effect {ib. r. 10, par. 4). 
 
 Urban District of 
 
 [Ward of the aliove District]. 
 
 Whereas the following candidates have been duly nominated for 
 election as Urban District Councillors for the said District \or 
 Ward] : — [Iiisei't tiafiies, places of abode, and description of candidates. '\ 
 
 And whereas [insert name or names] has [or have] since withdrawn 
 his [or their] candidature [or if some other evejtt has occnrred catising a 
 perso7i to cease to be a candidate state what it is\ and the number of the 
 remaining candidates does not exceed the number of persons to be 
 elected as Urban District Councillors for the said District [or Ward], 
 I do hereby give notice that a Poll will not be taken, and that 
 [insert names] will be declared elected as Urban District 
 
 Councillors for the said District [or Ward]. 
 
 Dated this day of December, 1894. 
 
 Returning Officer. 
 
 Publication The returning officer shall prepare and sign a state- 
 Elections°^ ment of the result of the election in the district, or in all 
 
 ' the wards of the district, as the case may be, and shall 
 
 Notice by such notice declare to be elected the persons who, 
 
 thereof. under rule 10 (see snpra), are to be declared to be 
 
 elected without a poll being taken (U.O. r. 23, par. i). 
 Such persons shall be deemed to have been elected on 
 the day of election fixed by or under U.O. r. 2 {ib), as 
 to which see ante, p. 104. The notice shall be in the 
 form No. 7 in U.O. sch, I., or in a form to the like effect 
 {ib. r. 23, par. i). 
 
 The returning officer shall cause a copy of the state- 
 ment to be suspended in the board room, if any, of the
 
 Urban District Councillors. 
 
 139 
 
 urban sanitary authority, and he shall also cause public Chap. VI. 
 notice thereof to be given {ib. r. 23, par 2). As to what ' 
 
 is "public notice," see ante, p. 100. 
 
 The following is the form (No. 7) of notice in U.O. 
 sell I. above mentioned. If the whole of the elections 
 arc uncontested, the notice can be altered and adapted 
 as suggested, ante, p. 128. 
 
 Urban District of 
 
 Election of Urban District Councillors 
 for the above District in the year 1894. 
 
 I, the undersigned, being the Returning Officer at the election of 
 Urban District Councillors for the said District do hereby give notice 
 that the candidates at the election, whose names are entered in 
 Column 6 of the Statement hereunder opposite to the numbers entered 
 in Column 5 have been declared duly elected Urban District Councillors ; 
 and I hereby declare that the candidates whose names are entered in 
 the said Column, and opposite to whose names no numbers are entered 
 in Column 5, were duly elected as Urban District Councillors for the 
 District \pr for the Wards opposite to the names of which in Column i 
 the names of such Candidates are entered.] 
 
 District 
 and Wards. 
 
 I. 
 
 Number of Candidates. 
 
 Places of 
 Abode. 
 
 4- 
 
 Number 
 of Votes 
 recorded. 
 
 5- 
 
 Names of 
 
 Candidates 
 
 elected. 
 
 6. 
 
 e Other 
 Surnames. -xj 
 
 Names. 
 
 2. i 3. 
 
 
 
 
 
 
 
 Dated this 
 
 day of December, 1894. 
 
 Returning Officer. 
 
 The same remarks with regard to the death of a Death of 
 candidate apply as in the case of guardians {ante, p. 128), Candidate. 
 with the substitution of U.O. r. lo, par. 2, for G.O. r. lo, 
 par. 2. 
 
 As to the expenses incurred by a returning officer in Expenses of 
 connection with an uncontested election of urban district Election. 
 councillors, and the repayment thereof, see/^j-/, p. 312.
 
 ( 140 ) 
 
 'Chap. VII. 
 
 CHAPTER VII. 
 
 ACCEPTANCE AND KESIGNATION OF OFFICE, 
 
 AND LOSS OF QUALIFICATION 
 
 OR OFFICE. 
 
 L— ACCEPTANCE OF OFFICE. 
 
 
 
 PAGE 
 
 PAGE 
 
 Declaration on Accep 
 
 
 Casual Vacancy . . 145 
 
 TANCE . 
 
 
 141 
 
 Distinction between non-accep- 
 
 Form 
 Signature . 
 
 
 141 
 
 142 
 
 tance and resignation . 145 
 
 Taking the declaration . 
 
 
 142 
 
 Refusal of Guardian to 
 
 Limit of time 
 Notice of election 
 Fine for Acting befori 
 Acceptance . 
 
 144 
 
 Serve . , . -145 
 JVhen refisal can be ?nade . 145 
 Only guardians cati refuse to 
 
 Persons exempt from iht 
 
 'fine 
 
 144 
 
 serve . . . .146 
 
 II.— RESIGNATION OF OFFICE. 
 
 Guardian and Rural Dis- 
 
 
 Urban District Council 
 
 
 ■ trict Councillor 
 
 146 
 
 LOR 
 
 147 
 
 Tender of resignation . 
 
 146 
 
 Notice of resignation . 
 
 147 
 
 When resignation complete . 
 
 146 
 
 When resignation complete 
 
 148 
 
 Who can resign . 
 
 147 
 
 Declaring the office vacant 
 
 148 
 
 Casual vacancy . 
 
 147 
 
 Casual vacancy . 
 
 149 
 
 III.— LOSS OF QUALIFICATION OR OFFICE. 
 
 PAGE 
 
 Acting when Disqualified 149 
 Fine . . . '149 
 
 What amounts to " actifig" . 149 
 
 Absence for Six Months . 150 
 Through illness . . • iS^ 
 
 For approved 7-eason . • 151 
 
 Vacancy by Disqualifica- 
 tion or Absence . . 151 
 
 Whether disqualification in- 
 
 eludes cesser of qualification 152 
 
 Vacancy by Disqualifica- 
 tion, etc. — continued. 
 Notice to person affected 
 Vacancy when complete 
 Resolution Declaring 
 
 Vacancy 
 Notice signifying declaration 
 Validity of Acts of Perso: 
 in Office 
 Co7itesting the qualification 
 
 152 
 152 
 
 153 
 
 154 
 
 155 
 
 155
 
 Acceptance of Office. i\i 
 
 The M.C.A. and the M.E.C.I.P.A. as adapted and Chap. vii. 
 
 altered by G.O. r. 26, par. i, and r. 27 ; by R.O. r. 25, 
 
 par. I, and r. 26; and by U.O. r. 25, par. i, and r. 26, 
 are applied to the election of guardians and of rural and 
 urban district councillors by L.G.A. s. 48, sub. 4. The 
 provisions of the M.C.A. have in many instances been 
 considerably altered by the above-mentioned Orders 
 from those which appear in the Act itself, and are cited, 
 not from that Act, but from the schedules to the rules in 
 the G.O., R.O., and U.O. respectively. 
 
 Every qualified person elected to the office of guardian, Declara- 
 rural or urban district councillor, unless exempt under ™ep^ance, 
 
 M.C.A. s. 34 or otherwise by law, either shall accept the 
 
 office by making and subscribing the declaration re- 
 quired by the M.C.A. within one month after notice of 
 election, or shall, in lieu thereof, be liable to pay to the 
 board of guardians, rural or urban district council (as the 
 case may be), a fine of such amount, not exceeding fifty 
 pounds, as the guardians or district council by regulations 
 determine (M.C.A. s. 34, sub. i). If there are no regula-^ 
 tions determining fines, the fine shall be twenty pounds 
 {ib. sub. 2). The fine is recoverable summarily {ib. sub. 4) ; 
 i.e., before a court of summary jurisdiction (see 42 & 43 
 Vict. c. 49, ss. 20, 51). The regulations may fix a. 
 nominal sum as the fine. 
 
 As to who is qualified to be elected to the office of 
 guardian, see ante, p. 31 ; to the office of rural district 
 councillor, see ante, p. 65 ; and to the office of urban 
 district councillor, see ante, p. 66. As to who are 
 exempt, see post, p. 144. 
 
 A chairman, vice-chairman, and the two other persons, 
 elected by the board from outside the guardians, become 
 on election additional guardians and members of the 
 board (see L.G.A. s. 20, sub. 7, ajite, pp. 6, 8, 10), and 
 as they are not exempt under M.C.A. s. 34, or otherwise 
 by law, must, it is submitted, make and subscribe the 
 above-mentioned declaration, with such modifications or 
 exceptions as are needful to suit their respective cases. 
 
 A person who is elected guardian, rural or urban 
 district councillor, in more than one parish or other area 
 in the poor law union (or in more than one ward in the 
 urban district), for which the election is held, shall not 
 accept office in respect of more than one of such areas 
 (M.C.A. s. 34, sub. 5). 
 
 The declaration shall be in the following form, or in a Form..
 
 142 
 
 Acceptance of Office. 
 
 Chap. VII. form to the like effect (M.C.A. s. 
 a cruardian : — 
 
 ;5) ; viz., in the case of 
 
 * If the 
 declaration 
 is made and 
 subscribed 
 before the 
 Clerk, adapt 
 form accord- 
 ingly. 
 
 * If the 
 declaration 
 is made and 
 subscribed 
 before the 
 Clerk, adapt 
 form accord- 
 ingly. 
 
 * If the 
 declaration is 
 made and 
 subscribed 
 before the 
 Clerk, adapt 
 form accord- 
 ingly. 
 
 Signature. 
 
 Taking the 
 declaration. 
 
 I, A.B., having been elected guardian for the Poor Law Union of 
 in respect of the Parish of \or of the United Parishes 
 
 of and , or of the Ward of the Parish of ], 
 
 hereby declare that I take the said office upon myself, and will duly 
 and faithfully fulfil tlie duties thereof according to the best of my 
 judgment and ability. 
 
 Dated this day of , 189 . 
 
 This declaration was made and subscribed before us * 
 
 Guardians of the above- 
 named Union. 
 
 In the case of a rural district councillor : — 
 
 I, A.B., having been duly elected rural district councillor for the 
 rural district of , in respect of the Parish of \or of the 
 
 United Parishes of and , or of the Ward of 
 
 the Parish of ], hereby declare that I take the said office upon 
 
 myself, and will duly and faithfully fulfil the duties thereof according 
 to the best of my judgment and ability. 
 
 Dated this 
 
 day of 
 
 189 
 
 This declaration was made and subscribed before us * 
 
 Members of the District 
 Council of the above- 
 named District. 
 
 And in the case of an urban district councillor \— 
 
 I, A.B.y having been elected urban district councillor for the urban 
 district of [in respect of the Ward of the District], 
 
 hereby declare that I take the said office upon myself, and will duly 
 and faithfully fulfil the duties thereof according to the best of my 
 judgment and ability. 
 
 Dated this day of 189 , 
 
 This declaration was made and subscribed before us * 
 
 jNIembers of the District 
 Council of the above- 
 named District. 
 
 The signature to the declaration may be the person's 
 usual signature ; as to what is " signature," see a7ite, 
 p. 116, and as to the signature of a marksman, see ante, 
 p. 117. 
 
 The declaration must be made and subscribed before 
 two guardians of the poor law union, or members of the 
 district council, or the clerk to the guardians of the 
 union or district council, and, until so made and sub-
 
 Acceptance of Office. 143 
 
 scribed, no person elected to the office of guardian or Chap. VII. 
 
 urban or rural district councillor shall act in the office, 
 
 except in administering that declaration (M.C.A. s. 35). 
 Members of the board of guardians or district council (as 
 the case may be), or the clerk before whom the declara- 
 tion may be made, have authority to receive the declara- 
 tion without any commission or authority other than the 
 M.C.A. (M.C.A. s. 239, sub. i). But the members or 
 clerk asked to receive the declaration may refuse to do 
 so, if satisfied of the disqualification of the person 
 applying to make it, and such members or clerk cannot, 
 under such circumstances, be compelled by mandamus 
 to receive it {li. v. Greene, 2 O. B. 460). There is nothing 
 which requires the declaration to be made and subscribed 
 within the limits of the union or district, and it may 
 therefore be made and subscribed anywhere. 
 
 "Month " means calendar month (52 & 53 Vict. c. 63, Limit of time, 
 s. 3). If the last day of the month falls on a Sunday, 
 Christmas Day, Good Friday, or a bank holiday, the 
 declaration may perhaps be made and subscribed on the 
 following day, not being one of the days above-mentioned 
 (L.G.A. s. J I, but seo. post, p. 315). It is submitted that 
 the month does not commence to run until the person 
 has received official notice of his election, or has become 
 aware of his election (see infra), that this limit of one 
 month is not mandatory or absolute, and that therefore 
 the person may make and subscribe the declaration after 
 the month has expired, if he does so before any notice 
 of the vacancy has been given under M.C.A. s. 66, sub. i 
 (see R. V. Preece, 5 O. B. 94, and see M.C.A. s. 41, sub. i, 
 post, p. 144). 
 
 The notice which a person must receive before he is Notice of 
 brought within the above provision is notice acquired, ^''^'^^'O"- 
 either by being actually present when his election is 
 announced, or by being apprised of the fact by some 
 official authority ; mere casual information is insufficient 
 {R. V. Preece, 5 O. B. 97). Such a notice should be given 
 by the clerk to the guardians or district council to the 
 person elected, as soon as the clerk is apprised of the 
 election, and may be in the following form : — 
 
 Union Offices, 
 Sir [(;;- Madam], December, 1894. 
 
 Union [or District]. 
 
 I beg to inform you tliat you have bee n duly elected a Guardian for 
 the above Union [(7r a District Councillor for the above District] in
 
 144 
 
 Acceptance of Office. 
 
 Chap. VII. 
 
 Fine for 
 
 ACTING 
 BEFORE 
 
 Acceptance. 
 
 Persons 
 
 exempt from 
 the fine. 
 
 respect of the Parish of [w of the United Parishes of , or 
 
 of the Ward of the Parish [c;- District] of ]. 
 
 I also beg to remind you that, unless exempt by law, you must 
 accept office by making and subscribing the declaration of acceptance 
 of office within one month from this date, or you will be liable to pay 
 to the Board of Guardians \or District Council] a fine of pounds. 
 
 A form of the above-mentioned declaration can be obtained at my 
 office, and the same may be made and subscribed before two members 
 of the Board of Guardians \pr District Council], or before the clerk to 
 the Guardians of the Union \pr to the District Council]. 
 
 I am, Sir, 
 
 Your obedient servant. 
 
 Clerk to the Guardians 
 To A.J)., [or District Coimcil}. 
 
 of {abode), 
 
 {description). 
 
 A person elected to the office of guardian or district 
 councillor shall not, until he has duly made and sub- 
 scribed the above-mentioned declaration, act in the office, 
 except in administering that declaration (M.C.A. s. 35) ; 
 and if any person acts in such office without having 
 made that declaration, he shall for each offence be liable 
 to a fine not exceeding twenty pounds, recoverable by 
 action (M.C.A. s. 41, sub. i). If a guardian or district 
 councillor becomes disqualified by being concerned in 
 a bargain or contract with the board of guardians or 
 district council (see Le Fetivre v. Lankester, 3 E. & B. 
 530, and ante, pp. 51, 55), but does not act during the 
 continuance of the contract, he does not render himself 
 liable to the above fine {Lewis v. Carr, i Ex. D. 484). 
 
 A person disabled by lunacy or imbecility of mind, or 
 by deafness, blindness, or other permanent infirmity of 
 body (M.C.A. s. 34, sub. 3) ; a person elected without 
 his consent to his nomination being previously obtained 
 {ib. sub. 6) ; a person who is elected guardian in more 
 than one parish or other area in the poor law union, or 
 urban district councillor in more than one ward in the 
 urban district, for which the election is held, and who 
 accepts office or pays the fine for non-acceptance of 
 office in respect of one of such areas {ib. sub. 5) ; a 
 person elected but not qualified for election {k. v. 
 Richmond, 11 W. R. 65); and, semble, a person who 
 accepts another office, and so vacates the office he held 
 at the time of such acceptance (per Lindley, L.J., in 
 R. V. Bangor, Mayor, etc., of, 18 Q. B. D. 366)— are not 
 liable to the above fine. 
 
 A person who elects to pay the fine in lieu of
 
 Acceptance of Office. 145 
 
 acceptin_f^ office is exempt from liability to serve in the Chap. VII. 
 
 same office (M.C.A. s. 34, sub, i) ; moreover, such a 
 
 person cannot be compelled by mandamus to serve 
 \cp. R. V. Boiver, i B. & C. 585), or indicted at common 
 law, nor can a criminal information be preferred against 
 him for not serving. 
 
 If the guardian or councillor omits to sign the de- Casual 
 claration within the month as above prescribed, his office Vacancy. 
 becomes void, and a casual vacancy arises (M.C.A. s. 40, 
 sub. 3), as to which, see post, p. 156. No declaration of 
 the vacancy by the board or council is requisite, as is 
 necessary in the case of disqualification, or of vacating a 
 seat by absence {scq posi, p. 151). 
 
 Non-acceptance must be carefully distinguished from Distinction 
 
 resignation. Non-acceptance is the case of one who has '^^^^^^" 
 
 1 1 r ^1111 rr ■ non-accept- 
 
 never accepted, and therefore never filled, the office m ance and 
 
 question ; whereas resignation is the resignation of an resignation. 
 
 office previously filled, and held by the person resigning 
 
 up to the time of resignation. 
 
 A person who has been nominated for the office of Refusal of 
 
 guardian may tender to the returning officer, or other <^uardian 
 
 TO Serve 
 officer conducting the election, his refusal in writing to * 
 
 serve such office, and if he does so, the election of 
 
 guardians, so far as regards him, shall be no further 
 
 proceeded with (5 & 6 Vict. c. 57, s. 9). As to what 
 
 "writing" includes, see ante, p. 91. The following form 
 
 is suggested, but any writing conveying a refusal to serve 
 
 is sufficient. 
 
 Sir, 
 
 Having learnt that I have been nominated as Guardian for the 
 Parish of , [or Ward of , oi- United Parishes of 
 
 ], in the Union, I beg to inform you that I refuse to 
 
 serve the office of Guardian. 
 
 Dated this day of December, 1894. 
 
 A. B., 
 
 of (abode), 
 To the Returning Officer. [description). 
 
 The refusal should be signed by the person nominated 
 by his signature or mark, but this is not essential, it is 
 sufficient that the writing be written and tendered by 
 him, or by his authority. 
 
 The refusal must be tendered to the returning officer, When re- 
 or officer conducting the election, while the election is in ^^^^^ '^^^ ^^ 
 progress ; if tendered afterwards it is too late. The ^^ ^' 
 
 L
 
 146 
 
 Acceptance of Office. 
 
 Chap. VII. election is concluded, and is no longer in progress, in the 
 case of an uncontested election, when it has been 
 ascertained that the number of valid nominations does 
 not exceed the number of persons to be elected (see 
 ante, p. 125), and, in the case of a contested election, 
 when the poll has closed, though in the latter case it 
 may perhaps be argued and held that the election is in 
 progress during the counting of the votes and until the 
 result thereof has been ascertained. A refusal once 
 tendered to the officer conducting the election cannot be 
 withdrawn. 
 
 This power to refuse to serve is confined to the office 
 of guardian and does not extend to that of rural or 
 urban district councillor. 
 
 Only 
 guardians 
 can refuse to 
 
 Guardian 
 AND Rural 
 District 
 Councillor. 
 
 Tender of 
 resignation. 
 
 When resig- 
 nation com- 
 plete. 
 
 II. — Resignation of Office. 
 
 A guardian who has not during the progress of the 
 election refused to serve (see ante, p. 145), and a guardian 
 or rural district councillor who has been elected, must 
 either accept office or pay the fine for non-acceptance of 
 office {ante, p. 141), or tender his resignation, and the 
 Local Government Board may accept such resignation 
 for any cause which they may deem reasonable (5 & 6 
 Vict. c. 57, s. 11). A rural district councillor is in the 
 same position with respect to resignation as a guardian 
 (L.G.A. s. 48, sub. 4 {a). A guardian and a rural district 
 councillor cannot therefore resign as of right, as can an 
 urban district councillor {see post, p. 147). 
 
 The following form of tender is suggested : — 
 
 Union [or Rural District Council of ]. 
 
 I, A. B., of \iiisert abode and description^, being a person elected as 
 a Guardian \or Rural District Councillor] for the Parish \or Ward, or 
 United Parishes] of , in the above-named Union \or Rural Dis- 
 
 trict], do hereby tender my resignation of the said office of Guardian 
 \or Rural District Councillor]. The cause for which I tender my 
 resignation is that {insert cause, such as illness, absence from the parish, 
 ijialility to devote sufficient time to the duties of the office, or as the case 
 may be], and I request the Local Government Board to accept my 
 resignation. 
 
 Dated this day of 189 . 
 
 (Signed) A. B. 
 
 The resignation is not complete until it has been 
 accepted by the Local Government Board and they have 
 signified their acceptance thereof
 
 Resignation of Office. 147 
 
 The guardian or rural district councillor resif^ning Chap. VII. 
 must be a person who is capable of holding, and there- 
 fore of resigning, the ofifice ; a person who is disqualified ^"^''.^o <^^" 
 from holding, e.g. by bankruptcy, is incapable of re- "^^^S"- 
 signing {Hardivick v. Brozvn, L, R. 8 C. P. 406). Again, 
 a man cannot resign that to which he is not entitled, 
 and which he has no right to occupy, and resignation 
 implies that the person resigning has been elected into 
 the office which he resigns {R. v. Blizard, L. R. 2 O. B. 57). 
 Therefore, where a relator on a quo warranto claims 
 the office, resignation, whether before or after he 
 applies for the quo warranto, is no answer to the 
 proceedings ; for the relator is entitled to proceed to 
 judgment of ouster, or until a disclaimer is entered, 
 and so to a mandamus to be admitted to the office 
 which he claims {ib). 
 
 If the disqualification existed at the time of election, 
 the guardian or councillor can be relieved of his office 
 by election petition (L.G.A. s. 48, sub. 3 ; M.C.A. s. Zy, 
 sub. I (<:), filed within twenty-one days after election 
 {ib. s. 88, sub. 4) ; if it arose after election, by quo 
 warranto applied for as soon as circumstances admit, 
 and before the guardian or councillor's term of office 
 expires (see R. v. Hudson, 4 O. B. 648n) ; or by the 
 board of guardians or rural district council declaring the 
 office to be vacant under L.G.A. s. 46, sub, 7 (see post, 
 p. 151). If none of these proceedings be taken, there is 
 no other means by which the office of a disqualified 
 guardian or rural district councillor can be vacated (see 
 Yates V. Leach, L. R. 9 C. P. 609), but the guardian or 
 councillor, if still disqualified, cannot act without in- 
 curring the fine imposed on a disqualified person who 
 acts when disqualified (L.G.A. s. 46, sub. 8, and see 
 post, p._ 149). 
 
 Resignation creates a casual vacancy, as to which, see Casual 
 post, p. 1 56. No declaration by the board of guardians or vacancy. 
 rural district council that the office is vacant is necessary 
 to make the vacancy complete, as is necessary in the 
 case of the resignation of an urban district councillor 
 {sQe post, p. 148). 
 
 An urban district councillor who is capable of Urban 
 resigning (as to who are so capable, see supra) may at District 
 
 any time, as of right, by writing signed by him and . 
 
 delivered to the clerk of the urban district council, Notice of 
 resign the office, on payment of the fine provided resignation. 
 
 L 2
 
 148 
 
 Resignation of Office. 
 
 When re- 
 signation 
 jcomplete. 
 
 Chap. VII. for noii-acceptancc thereof (sec M.C.A. s. "^^G, sub. :}. 
 The writing may be in the following form : — 
 
 The District Council of 
 
 I, A. B., having been elected Councillor for the [ Ward of] the 
 
 above-named District, hereby resign my office of District Councillor. 
 
 Dated this day of , 189 . 
 
 (Signed) A. B. 
 
 To the Clerk to the above-named District Council. 
 
 As to what "writing" includes, see ante, p. 91. The 
 notice must be " signed " by the councillor resigning ; 
 the signature should be the member's usual signature. 
 As to what is "signature," see ante, p. 116, and as to 
 signature by a marksman, see ante, p. 117. 
 
 The resignation is not complete until the writing has 
 been delivered and the fine has been paid, but the clerk 
 to the district council should receive the notice, even 
 though it be unaccompanied by the fine, and although 
 it is incomplete without the fine. If not paid, the council 
 can perhaps enforce payment of the fine ; but not, it 
 would seem, by summary proceedings, sub. 4 of M.C.A. 
 s. 34, not being re-enacted or applied to s. 36. 
 
 The district council have no power to waive payment 
 of, or to remit, the fine. But, senible, a person who 
 resigns one office in order to accept another, is not liable 
 to the fine (per Lindley, L.J., in R. v. Bangor, Mayor, 
 &€., of, 18 O. B. D. 366). 
 
 The resignation once complete cannot be withdrawn, 
 even though the council be willing to assent to such 
 withdrawal (see R. v. Wigan, Mayor, &•€., of, 14 Q. B. D. 
 908). Whether, if the writing has been delivered, and 
 the fine paid, by mistake or inadvertence, the resignation 
 can be withdrawn before it has been acted upon, and 
 before any other person has altered his position in 
 consequence thereof, is an undecided question ; but 
 until the resignation is complete (as to when it is com- 
 plete, see snpra) any inchoate act or writing {e.g. the 
 expression of a wish or intention to resign), may, it is 
 submitted, be withdrawn (see ib^. 
 
 Although the resignation is complete on delivery of 
 the writing and payment of the fine, the office is not 
 vacant until the council have declared it to be vacant, 
 and have signified the same by notice in writing, signed 
 by three members of the district council, and counter- 
 signed by the clerk, and fixed on the principal external 
 
 Declaring the 
 office vacant.
 
 Resignation of Office. 149 
 
 jrate or door of the offices of the district council Chap. VII. 
 (M.C.A. s. 36, sub. 2). This the council shall do forth- 
 with on the writing being delivered and the fine paid (/<^.) ; 
 but, until the writing has been delivered and the fine 
 has been paid, the office cannot be declared to be vacant ; 
 as to the meaning of "forthwith " see ante, p. 123. The 
 council " declare " the office to be vacant, by resolution 
 duly passed and entered in the minute book. The 
 intended resolution must therefore be specified in the 
 summons calling the council meeting, and the meeting 
 of the council to declare the vacancy must be summoned 
 in accordance with the regulations made by the par- 
 ticular district council for the transaction and manage- 
 ment of their business (L.G.A. s. 59, sub. i ; P.H.A. 
 sch. I. pt. I. r. l), a quorum must be present {ib. r. 2), 
 the resolution must be passed by a majority of members 
 present and voting (ib. r. 7), ancl should be duly entered 
 in the minute book {ib. r. 10). The notice signifying 
 the resignation and declaration of the council may be 
 partly in writing and partly in print, and the name and 
 address of the printer and publisher of the notice should 
 appear on the face thereof (M. E.C.I. P. A. s. 14). The 
 three members signing may be any three, but are usually 
 three of those present at the meeting of the council at 
 which the declaration is made. 
 
 The resignation creates a casual vacancy, as to w^iich Casual 
 SQQ post, p. 156. The newly elected councillor retires at '^^'^^'^*^y- 
 the time when the resigning councillor would have 
 retired (M.C.A. s. 40, sub. i). 
 
 III. — Loss OF Qualification or Office. 
 
 If a guardian or an urban or rural district councillor Acting 
 becomes disqualified after election, he should immediately ^^f^.^l^' 
 
 cease to act ; for if any person acts when disqualified, he 
 
 shall for each offence be liable, on summary conviction, Fine, 
 to a fine not exceeding twenty pounds (L.G.A. s. 46, 
 sub. 8), This is a penal enactment, and therefore to be 
 construed strictly. It is not confined to disqualifications 
 arising under the L.G.A., but extends to all disqualifi- 
 cations howsoever arising, though it probably applies 
 only to cases of positive disqualification, and not to 
 cases of mere loss of qualification {see post, p. 152). 
 
 What amounts to " acting " is a question of fact in ^"^''^^^ 
 , -T-1- ^- J--1-, 1 amounts to 
 
 each case. Taking part in a discussion by merely ..j^cting"
 
 150 Loss of Qualification or Office. 
 
 Chap. VII. pointing out the consequences of such and such a course 
 
 may not amount to " acting," but attending as a member 
 
 at a meeting of the board or council, using influence 
 over his brother members by word and action, even 
 though the speaker does not vote, is evidence to show 
 " acting," and voting certainly is an " act " within the 
 above enactment (see Charleszvorth v. Rudgard, I C. M. 
 
 6 R. 498). A member who sat in that part of the room 
 assigned to the general public, took no active part in 
 the proceedings, and was entered on the minutes as 
 " remained neutral," was yet held to have been present 
 at the meeting, and to have taken a part in the 
 proceedings {RicJiardson v. Mcthley School Board {I'^g'^, 
 3 Ch. D. 510). 
 
 The prosecution for the conviction and fine is by 
 information, which may be laid by anyone. There is 
 no appeal to quarter sessions, but a case upon a point of 
 law may be applied for and granted, either under 20 & 
 21 Vict. c. 43, s. 2, or under the Summary Jurisdiction 
 Act (42 & 43 Vict. c. 49, s, 33). There is no appeal to 
 the Court of Appeal from the decision of the High 
 Court upon such case {^^^ & ":,'] Vict. c. 66, s. 47). The 
 penalty may be enforced, although, through lapse of 
 time, the election of the councillor can no longer be 
 questioned {De Souza v. Cobden (1891), i O. B. 6d>y). 
 Each separate " act " constitutes a separate offence, and 
 thus involves a separate prosecution and penalty. The 
 amount of the fine to be imposed is in the discretion of 
 the justices. 
 
 But a person who acts after his disqualification has 
 ceased cannot be convicted, and is not liable to the fine 
 {Leivis V. Cai-r, i Exch. D. 484). If, however, he acts after 
 his office has been declared by the board or council to 
 be vacant (under L.G.A. s. 46, sub. 7, post, p. 151), he is 
 liable to be convicted and fined (see Fletcher v. Hudson, 
 
 7 O. B. D. 611). 
 
 Absence for If a member of a board of guardians, or of an urban 
 Six Months, or rural district council, is absent from meetings of the 
 
 - board or council for more than six months consecutively, 
 except in case of illness or for some reason approved by 
 the board or council, his office shall on the expiration of 
 those months become vacant (L.G.A. s. 46, sub. 6). 
 This provision is similar to rule 12 in sch. 11. pt. I. of 
 ^2) & 34 Vict. c. 75. The absence from meetings will be 
 
 prima facie proved by the minute book of the board
 
 Loss of Qualification or Office. 151 
 
 or council or guardians' or councillors' attendance Chap. VII. 
 book. ^ _ _ 
 
 A person who is absent by reason of lunacy is, it is Through 
 submitted, absent in case of illness ; and if his illness is ilhiess. 
 incurable, he is probably removable by quo warranto as 
 being no longer a fit person to serve. The board or 
 council are the judges in the first instance whether there 
 has been such an "illness" as justifies the absence 
 {Richardson v. Methley School Board (1893), 3 Ch. 510, 
 
 517)- 
 
 The " reason " for the absence must be " approved by For approved 
 
 the board or council " before the expiration of six "^^^^o"- 
 
 months, or the office will be vacant. The proper course 
 
 seems to be for the member to submit his " reason " to 
 
 the board or council for their approval, and to apply for 
 
 leave of absence for some definite and stated period. 
 
 The approval will be by resolution duly entered in the 
 
 minute book. "Month" means calendar month (52 & 
 
 53 Vict. c. 61, s. 3), and the six months are to be 
 
 reckoned from the first meeting of the board or council 
 
 which the member fails to attend, not from the last 
 
 meeting which he has attended. 
 
 Apparently a person who vacates his seat under this 
 
 sub-section, is disqualified during the remainder of the 
 
 year for which he was elected, but is then, if otherwise 
 
 duly qualified, re-eligible (see R. v. Turniine, 4 O. B, D. 
 
 79)- 
 
 Where a member of a board of guardians, or of an Vacancy 
 
 urban or rural district council becomes disqualified for ^^^^^^^^^^l' 
 holding ofiice, or vacates his seat for absence, the board absence. 
 
 or council shall forthwith declare the office to be vacant, 
 
 and signify the same by notice signed by three members 
 and countersigned by the clerk of the board or council, 
 and notified in such manner as the board or council 
 direct, and the office shall thereupon become vacant 
 (L.G.A. s. 46, sub. 7). This provision is based upon 
 that in M.C.A. s. 39, sub. 2, but is far larger in its 
 terms, inasmuch as it extends to all cases of disqualifi- 
 cation, whereas the provision in M.C.A. is limited to the 
 specific disqualifications therein mentioned. It is a 
 remedial and not a penal enactment, and as it offers a 
 simple method of establishing a vacancy, and so of 
 paving the way for a new election without the delay or 
 expense of legal proceedings, it should, it is submitted, 
 be construed liberally and beneficially.
 
 152 
 
 Loss of Qualification or Office. 
 
 Chap. VII. 
 
 Whether dis- 
 quahfication 
 includes 
 cesser of 
 qualification. 
 
 Notice to 
 
 person 
 
 affected. 
 
 Vacancy 
 when com- 
 plete. 
 
 It is said, however, that this provision is confined to 
 cases where a person becomes positively disqualified 
 under the L.G.A. or otherwise, and that it does not 
 include the case of a person who simply ceases to 
 possess the qualification necessary for the office which 
 he holds. Until the question has been raised and 
 judicially decided, its solution can be only a matter of 
 opinion ; but it is extremely difficult to distinguish 
 between disqualification and loss of qualification, and 
 there seems to be no sufficient reason for holding that 
 the board or council cannot declare to be vacant the 
 office of a person who has lost his qualification, and is 
 thus disqualified for want of a qualification, when it is 
 admitted that they can declare to be vacant the office 
 of a person whose qualification is destroyed by a 
 disqualification. 
 
 Whenever the board of guardians or district council 
 act under the above provision, they do so judicially, and 
 must proceed strictly and regularly in the exercise of 
 the jurisdiction thus vested in them. They must not, 
 therefore, decide any case of alleged disqualification or 
 absence without giving the member concerned an oppor- 
 tunity of defending himself, and of showing, if he can, 
 that he is not disqualified or has not vacated his office ; 
 if he does not, after due notice, avail himself of such 
 opportunity, the board or council should not declare the 
 office to be vacant except on sufficient prima facie 
 evidence of the facts constituting disqualification or 
 establishing the absence (see Richardson v. Methley 
 School Board (1893), 3 Ch. D. 510) ; and unless the facts 
 show a clear case of disqualification or absence, it is 
 submitted that the better course is to leave the parties 
 interested to take such steps as they may be advised. 
 Where, however, a clear case of disqualification, or of a 
 seat being vacated for absence, is established, it is the 
 duty of the board or council under the Act to declare the 
 office to be vacant (see per Keating, J., in Hardivick v. 
 Brown, L. R. 8 C. P. 413). 
 
 Notwithstanding the provision that the office of a 
 member who is absent for six months shall, on the 
 expiration of those months, become vacant (L.G.A. s. 46, 
 sub. 6, ante, p. 150), the vacancy is not complete until 
 the board or council have declared the office to be vacant, 
 and have signified and notified their declaration in the 
 mode required where a member becomes disqualified
 
 Loss of Qualification or Office. 153 
 
 (see L.G.A. s. 46, sub. 7, ante, p. 151). If instead of Chap. vii. 
 
 declaring the office to be vacant, the board or council do ■ 
 
 nothing, and the disqualification of the member ceases, 
 and he is subsequent!}- re-elected for a further term of 
 office on a new election, the office is full, and it is then 
 too late for the board or council to declare the office 
 lately held by the guardian or councillor to be vacant 
 (see R. V. We/c/ipoo/, Mayor, etc., of, 35 L. T. 595). 
 Under no circumstances can the board or council fill the 
 vacancy at the same meeting as that at which the 
 vacancy is declared. The vacancy must be complete 
 before it can be filled, and when complete, there must 
 be proper notice of the meeting to fill the vacancy before 
 the board or council can proceed to fill it. If, instead of 
 declaring the office to be vacant as required by the 
 statute, the board or council decline to do so, the remedy 
 is by mandamus, and meanwhile the vacancy continues, 
 and no fresh election can be held. 
 
 The board of guardians or district council " declare " Resolution 
 the office to be vacant by resolution duly passed and declaring 
 
 entered in the minute book. The meeting to pass the ' ' 
 
 resolution must therefore be summoned in accordance 
 with the regulations made by the particular board or 
 district council for the transaction and management of 
 their business (L.G.A. s. 59, sub. i ; P.H.A. sen. I. 
 pt. I. r. i), a quorum must be present (//;. r. 2), and the 
 resolution must be passed by a majority of votes of the 
 members present and voting {ib. r. 7), and should be duly 
 entered in the minute book {ib. r. 10). 
 
 The entry in the notice summoning the meeting may 
 be in the following form : — 
 
 To declare the office of Guardian {oi' Urban District Councillor, or 
 Rural District Councillor] lately held by A. B., of , in this 
 
 Parish \or District], to be vacant, he having become disqualified for 
 holding such office by reason of \here concisely state the facts amstitiiting 
 the disqualification ; or, he having vacated his seat by being absent 
 from meetings of the Board \or Council] for more than six months 
 consecutively, such absence not having been occasioned by illness, or 
 for any reason approved by the Board \or Council]. 
 
 The resolution may be as follows : — 
 
 Resolved — 
 
 That as A. B., of , has become disqualified for holding the 
 
 office of Guardian \or Urban District Councillor or Rural District 
 Councillor] in this Parish \or District] by reason of \liere concisely state 
 the facts constituting the disi/nalification, as in the notice convening the 
 meeting\ ; or, has vacated his seat of Guardian [()/■ Councillor], in this
 
 154 
 
 Loss of Qualification or Office. 
 
 Chap. VII. 
 
 Notice sig- 
 nifying 
 declaration. 
 
 Parish \or District] by being absent from meetings of this Board \or 
 Council] for more than six months consecutively, such aljsence not 
 having been occasioned by illness, or for any reason approved by this 
 Board \or Council], we, the Board \or Council], in pursuance of the 
 Local Government Act, 1S94, section 46, sub-section 7, do now 
 declare the office of Guardian \or Councillor] lately held by the said 
 A. B. to be vacant. 
 
 The notice signifying the declaration of the board or 
 council may be in the following form : — 
 
 Union of 
 
 Parish of 
 
 \or District of 
 
 Whereas A. B., of was on or about the day of , 
 
 1894, duly elected a Guardian \or Urban District Councillor, or Rural 
 District Councillor] for the Parish \oy District] of and duly signed 
 
 a declaration accepting the said office: And whereas the said A. B. 
 has since become disqualified for holding the said office by reason of 
 \Jiere concisely state the facts constituting the disqualification ; or, has 
 vacated his seat by being absent from meetings of the board \or council] 
 for more than six months consecutively, such absence not having been 
 occasioned by illness, or for any reason approved by the board \or 
 council.] And whereas in pursuance of the Local Government Act, 
 1894, section 46, sub-section 7, the Board of Guardians \or Urban 
 District Council, or Rural District Council] on the day of , 
 
 at a duly convened meeting of the Board \pr Council], declared the 
 office of Guardian \or Councillor] lately held by the said A. B. to be 
 vacant. Now therefore the said declaration of the said Board [or 
 Council] is hereby signified to all persons whom it may concern. 
 
 Dated this day of , 189 . 
 
 (Signed) C. D. (Guardians of the above-named Union [or 
 E. F. < Members of the District Council of the 
 G. H. ( above-named District.] 
 I. K., 
 
 Clerk to the Guardians [or to the District Council] of 
 
 The three members signing the notice may be any 
 three members of the board or council, but preferably 
 should be three of those present at the meeting at which 
 the declaration is made. The signatures need not, it 
 seems, be affixed to the notice at the meeting of the 
 board or council at which the declaration is made ; the 
 notice need not, and perhaps cannot, be prepared until 
 after the declaration has been made, and the meeting is 
 over. As to what is "signed," see a/ite, p. ii6. 
 
 The notice must be •' notified in such manner as the 
 board or council direct." The board or council should 
 therefore specify in each case what notification they 
 think needful or desirable ; and as the notice is evidently 
 to be a public notice, it is submitted that it should be 
 given in the manner prescribed by the Act in respect to 
 a public notice (L.G.A. s. 51, and see a/tU% p. loo).
 
 Loss of Qualification or Office. 1^5 
 
 The procccdin[;"s of a board of guardians or urban or Chap. VII. 
 
 rural district council shall not be invalidated by any 
 
 vacancy or vacancies among their members, or by any j^alidity of 
 defect in the election of such board or council, or in the person in 
 election or qualification of any members thereof (L.G.A. Office. 
 s. 59, sub. I ; P.H.A. sch. I. pt. I. r. 9) ; and where a 
 member of the board or council is, by a certificate of an 
 election court or a decision of the High Court, declared 
 not to have been duly elected, acts done by him in exe- 
 cution of the office to which he was elected, before the 
 time when the certificate or decision is certified to the 
 clerk of the board or council shall not be invalidated by 
 reason of that declaration (L.G.A. s. 48, sub. 3 ; M.C.A. 
 s. 102). These enactments are intended to prevent the 
 consequences which would arise, if the proceedings of 
 the board or council could be impeached as done without 
 authority because the board or council was irregularly 
 constituted; they protect third parties dealing Z^c^/^^j^^y^ 
 with the board or council without notice of irregularity, 
 and render such dealings valid {NeivJiaven Local Board 
 V. Newhaven ScJiool Board, 30 Ch. D. 350). But, semble, 
 they do not apply between the board or council and any 
 member who is disqualified or was unduly elected, nor 
 afford to such a member a valid answer to a quo 
 warranto {ib.). 
 
 The title to office of a person who was disqualified at Contesting 
 the time of his election is questioned by election peti- cadon.^ '^" 
 tion (see post, p. 338), and that of a person who has 
 become disqualified after election, by quo warranto (see 
 post, p. 348), or by declaration of the board or council 
 (see ante, p. 151).
 
 ( 156 ) 
 
 CHAP. VIII. CHAPTER VIII. 
 
 CASUAL VACANCIES AND BYE-ELECTIONS. 
 
 How A 
 Casual 
 Vacancy 
 
 ARISES. 
 
 How A Casual Vacancy 
 
 ARISES .... 156 
 Avoidance of election on elec- 
 tion petition . . -157 
 
 Bye-Election . . -157 
 
 IWm oj office of person elected 157 
 
 Bye-Election — continued. 
 
 Time of election . . .15^ 
 
 Day of election . . • 15S 
 
 A'ot zvithin six months of 
 
 ordinary election . .15^ 
 
 Capacity of Remaining 
 
 Guardians . . • i59 
 
 The M.C.A., as adapted and altered by G.O. r. 26, 
 par. I, by R.O. r. 25, par. i, and by U.O. r. 25, par. i, 
 is applied to the election of guardians and urban and 
 rural district councillors by L.G.A. s. 48, sub. 4. The 
 provisions of the M.C.A. have in many instances been 
 materially altered by the above-mentioned Orders from 
 those which appear in the Act itself, and are consequently 
 cited, not from that Act, but from the schedules to the 
 rules' in the G.O., R.O., and U.O. respectively. 
 
 A casual vacancy may arise in the office of guardian 
 or urban or district councillor by reason of : — 
 
 (i.) Death. 
 
 (2.) Non-acceptance of office (see ante, p. 145). 
 
 (3.) Resignation (see ante, p. 147). 
 
 (4.) Absence for six consecutive months (sec ante, 
 p. 150). 
 
 (5.) Receipt of union or parochial relief (see ante, 
 
 pp. 52, 53)- 
 (6.) Conviction and imprisonment for crime (see ante, 
 
 PP- 52. 53)- 
 (7.) Bankruptcy, composition or arrangement ^vlth 
 
 creditors (see ante, pp. 52. 53). 
 (8.) Acceptance of a paid office under the board of 
 
 guardians or district council (see ante, pp. 
 
 52, 55)-
 
 Casual Vacancies and Bye- Elections. 157 
 
 (9.) Bcini^ concerned in any bargain or contract with Chap, viii 
 the board or council (see ante, pp. 52, 55). 
 (10.) Participation in the profit of any such bargain 
 or contract, or in any work done under the 
 authority of the board or council (see ante, 
 
 pp. 52. 55)- 
 (11.) Being convicted, or reported guilty of a corrupt 
 
 practice at an election (see ante, p. 60). 
 (12.) Being a candidate at an election which has been 
 
 avoided for extensive illegal practices or 
 
 offences of illegal payment, employment, or 
 
 hiring (see afite, p. 62). 
 (13,) Avoidance of election on election petition (sec 
 
 infra, 2i\\d post, p. 338). 
 (14.) Ouster on quo warranto {see post, p. 348). 
 (15.) Cesser of qualification (see ante, p. 31). 
 Where on an election petition the election of a guardian Avoidance ot 
 or district councillor has been declared void, and no election peti- 
 other person has been declared elected in his room, a tion. 
 new election shall be held to supply the vacancy in the 
 same manner as on a casual vacancy ; and for the 
 purposes of the election any duties to be performed by 
 the chairman of the board of guardians or district council 
 or other officer, shall, if he has been declared not elected, 
 be performed by a deputy, or other person who might 
 have acted for him if he had been incapacitated by 
 illness (see M.C.A. s. 103). A copy of the certificate of 
 the result of the trial (or a statement of the decision, if 
 the petition be determined by special case) shall be 
 certified by the High Court to the returning officer 
 (ik s. 93, sub. 13). 
 
 On a casual vacancy, an election shall be held in Bye Elec- 
 accordance with rules framed under the L.G.A. ; and "^^^^^ 
 the person elected shall hold the office until the time -p^^j^^ ^f qj^^.^ 
 when the person in whose place he is elected would of person 
 regularly have gone out of office, and he shall then go elected, 
 out of office (M.C.A. s. 40, sub. i). Therefore, where an 
 election is held to supply a casual vacancy on the same 
 day as an election held to supply an ordinary vacancy, 
 care should be taken that, in the notice of the election, 
 ballot papers, statement as to persons nominated, &c., a 
 distinction is preserved between the two vacancies and 
 classes of candidates, so that it may appear who is to fill 
 the casual, and who the ordinary, vacancy (see R. v. 
 Roivley, 3 Q. B. 143 ; in error, 6 O. B. 668).
 
 158 
 
 Casual Vacancies and Bye-Elections. 
 
 Chap. VIII. 
 
 Time of 
 election. 
 
 Day of 
 
 election. 
 Not within 
 six months 
 of ordinary 
 election. 
 
 In case of more than one casual vacancy in the office 
 of guardian or rural or urban district councillor being 
 filled at the same election, the guardian or councillor 
 elected by the smallest number of votes shall be deemed 
 to be elected in the place of him who would regularly 
 have first gone out of office, and the guardian or coun- 
 cillor elected by the next smallest number of votes shall 
 be deemed to be elected in the place of him who would 
 regularly have next gone out of office, and so with 
 respect to the others ; and if there has not been a 
 contested election, or if any doubt arises, the order of 
 rotation shall be determined by the board of guardians 
 or district council (M.C.A. s. 40, sub. 2), i.e. by a 
 majority present and voting at a duly convened meeting 
 at which a quorum is present (L.G.A. s. 59, sub. i ; 
 P.H.A. sch. I. pt. I. rr. i, 2, 7). 
 
 On a casual vacancy, the election shall be held within 
 one month after notice in writing of the vacancy has 
 been given to the chairman of the board of guardians 
 or district council, or to the clerk, by two guardians, 
 or councillors (M.C.A. s. 66, sub. i). "Month" 
 means calendar month (52 & 53 Vict. c. 6'^, s. 3), and 
 the month is to be reckoned inclusively of the day 
 of election, and exclusively of the day of giving the 
 notice, and the notice of election must be given in 
 sufficient time to enable the election to be " held," 
 i.e. commenced and completed, within the month. The 
 The notice of vacancy may be given immediately after 
 the vacancy has arisen. An election to fill a casual 
 vacancy may be held on the same day as an election to 
 fill an ordinary vacancy, but each election must be kept 
 distinct, and there must therefore be separate notices, 
 nomination papers, ballot papers, &c. {R. v. Rowley, 
 3 Q. B. 143; R. V. Rippon, i Q. B. D. 217). It is 
 submitted that if a candidate stand and be elected both 
 for an ordinary and for a casual vacancy, he may elect 
 for which office he will serve ; and that the other election 
 being thus rendered nugatoiy, a fresh casual vacancy 
 arises, upon which a fresh election may, on proper notice 
 of the facts being given ^M.C.A. s. 66, sub. i), be held. 
 
 The day of election shall be fixed by the clerk to the 
 guardians or district council (M.C.A. s. 66, sub. 3). 
 
 A returning officer is not authorized or required to 
 hold an election to fill a casual vacancy which occurs 
 within six months before the ordinary day of retire-
 
 Casual Vacancies and Hye-Elections. 159 
 
 ment from the office in which the vacancy occurs, and Chap. VIll. 
 the vacancy shall be filled at the next ordinary election 
 (L.G.A. s. 48, sub. 4 (b) ; M.C.A. s. 66, sub. 4). 
 
 In the event of any vacancy occurring in a board of Capacity of 
 Sfuardians, by the death, removal, or resignation, or remaining 
 
 o "* , f, OUARDIANS 
 
 refusal, or disqualification to act of any elected guardian * 
 
 between the periods of such first and the next and any 
 subsequent annual election, the others or remaining 
 members of the said board shall continue to act until 
 the next election, or until the completion of the said 
 board, as if no such vacancy had occurred, and as if 
 the number of such board were complete (4 & 5 Will. IV. 
 c. ^6, s. ^%). This provision applies only to boards of 
 guardians, but although there is no similar enactment 
 with regard to district councils, they are similarly able 
 to act, although their full number be not complete. The 
 above provision enables a board of guardians to act 
 notwithstanding vacancies in the board, but does not 
 enable them to act if such vacancies reduce their number 
 below a quorum (as to which, see ante, p. 6). 
 
 As to the removal of difficulties in respect to 
 elections, and as to the consequences of a failure to 
 elect, see ante, pp. 14, 16.
 
 ( i6o ) 
 
 PART IV. 
 
 CONTESTED ELECTIONS. 
 
 Chap. IX. 
 
 CHAPTER IX. 
 
 RETURNING OFFICER'S PREPARATIONS FOR 
 THE POLL. 
 
 
 A.— 
 
 STAFF AND OFFICERS. 
 
 
 
 
 PAGE 
 
 
 PAGE 
 
 Presiding Officers 
 
 . i6i 
 
 Poll Clerks — continued. 
 
 
 Appointment 
 
 
 . i6i 
 
 Right to vote 
 
 166 
 
 Number 
 
 
 . i6i 
 
 Reiniincratioti 
 
 166 
 
 Form of appointmen 
 
 t . 162 
 
 Constables 
 
 166 
 
 Qualification 
 
 
 . 162 
 
 Duties . . , . 
 
 166 
 
 Declaration of secrecy 
 
 . 162 
 
 Declaration of secrecy . 
 
 166 
 
 Duties 
 
 
 . 162 
 
 
 
 Fight to vote 
 
 
 . 164 
 
 Counting Assistants and 
 
 
 Remuneration 
 
 
 . 165 
 
 Clerks 
 
 167 
 
 Liabilities . 
 
 
 . 165 
 
 Appointment and number 
 
 167 
 
 Incapacities 
 
 
 . 165 
 
 Form . . . . 
 
 167 
 
 Poll Clerks 
 
 
 . 165 
 
 Qualification 
 
 167 
 
 Appointment 
 
 
 . 165 
 
 Duties . . . . 
 
 168 
 
 Number . 
 
 
 . 165 
 
 I\ight to vote 
 
 168 
 
 Qualification 
 
 
 . 165 
 
 Remujteration 
 
 168 
 
 Duties 
 
 
 . 165 
 
 Liabilities . . . . 
 
 168 
 
 Liabilities . 
 
 
 . 166 
 
 Incapacities 
 
 169 
 
 li.— POLLING DISTRICTS, POLLING PLACES, AND POLLING 
 STATIONS. 
 
 Definitions 
 Polling Districts 
 
 Guardians 
 
 Rural district councillors 
 
 Urban district councillors 
 
 Lists and registers 
 Polling Places . 
 
 Use of school a7id public room 
 Exemption from rates 
 
 169 
 
 Polling Stations 
 
 172 
 
 . 170 
 
 Nimber .... 
 
 172 
 
 . 170 
 
 Architectural form of station 
 
 173 
 
 . 170 
 
 Comparttnents for marking 
 
 
 • 171 
 
 the votes 
 
 174 
 
 • 171 
 
 Use of compartments be- 
 
 
 . 172 
 
 longing to any public 
 
 
 / 172 
 
 authority 
 
 174 
 
 . 172 
 
 Position of compartments 
 
 174
 
 Returning- Officer's Preparations for the Poll. i6i 
 
 B.— rOLLING DISTRICTS, POLLING PLACLS, AND TOLLING 
 STATIONS— <r^«/'/««^rf'. 
 
 Chap. IX. 
 
 PoixiNG Stations — contd. 
 
 Coti trait for providing com- 
 partments, etc, . '174 
 Form . . . '175 
 
 Directions for guidance of 
 
 voter in voting . .176 
 
 Form . . . .176 
 
 Ballot boxes . . .176 
 
 Separate ballot boxes . 177 
 
 Size and construction . 177 
 
 Cost . . . .178 
 
 Polling Stations — contd. 
 
 Ballot papers . . .178 
 
 Tendered ballot papers . 179 
 
 Form , , . .179 
 
 Stamping instrumtnt and 
 
 official mark . . .181 
 
 Materials for viarking ballot 
 
 papers . . . ,182 
 
 Light and plring . .182 
 
 Forms, accounts, etc. . .182 
 
 C— NOTICE OF POLL. 
 
 When Polls to r,E taken 
 
 TOGETHER 
 
 Guardians 
 
 Urban district councillors 
 
 Day and hours of poll to he 
 the same for ( i ) guardians 
 and Jirbaii district council- 
 lors, and (2) rural district 
 ami parish cotincillors 
 Notice of Poll. 
 
 Its contents . . . 
 
 Da_y of poll . , 
 
 Hours of poll , 
 Number to be elected. 
 
 183 
 183 
 183 
 
 184 
 184 
 184 
 185 
 185 
 185 
 
 Notice of Poll — continued. 
 
 Names, etc. , of each cafidi- 
 date .... 
 
 Names of proposer and 
 seconder 
 
 Description of polling dis- 
 tricts .... 
 
 Situation, etc., of polling 
 places, stations, etc. 
 Form in election of guardians 
 
 In election of jirban dis- 
 trict councillors 
 
 In election of rural dis- 
 tj'ict councillors 
 
 185 
 185 
 
 185 
 
 186 
 186 
 
 189 
 
 190 
 
 A. — Staff and Officers. 
 
 The B.A. and the M.C.A., as adapted and altered by 
 the G.O., R.O., and U.O., are applied to the election 
 of guardians and district councillors by L.G.A. s. 48, 
 sub. 3. The provisions of the B.A. have in many cases 
 been materially altered by the above-named Orders from 
 those which appear in the B.A. itself, and are conse- 
 quently cited, not from that Act, but from the schedules 
 to G.O. r. 25, R.O. r. 24, and U.O. r. 24. 
 
 The returning officer, or some officer appointed by him Presiding 
 for the purpose, shall preside at each station (G.O. r. 17 • Officers. 
 R.O. r. 16; U.O. r. 16). The appointment of such an^ ""^.gnt 
 officer is usually in writing, but a verbal appointment is 
 apparently sufficient {R. v. Garvey, 16 Cox C.C. 252). 
 
 It seems that the returning officer cannot permit the Number, 
 presiding officer to be changed during the poll (see R. v. 
 London, Mayor of, 9 B. & C. i ; and see G.O. r. 17 ; 
 
 M
 
 1 62 Returning Officer s Preparations for the Poll. 
 
 Chap. IX. R.O. r, i6; and U.O. r. l6, which only authorize the 
 appointment of " some person " to preside at each sta- 
 tion). If this view be sound, the returning officer cannot 
 appoint two or more presiding officers to relieve each 
 other during the day, or supernumerary presiding officers 
 to fall back upon in case of accident or necessity, or an 
 extra presiding officer to attend to illiterate voters. The 
 returning officer may, if he think fit, act as presiding 
 officer at any polling station (B.A. r, 47) ; but it is un- 
 wise for him so to act in any parish, district, or ward where 
 there is more than one polling station, as his presence 
 may be required elsewhere. In making these appoint- 
 ments, the returning officer should, as far as practicable, 
 secure the services of suitable persons resident in the 
 parish, district, or ward, so as to diminish expense, and 
 in elections for rural district councillors he shall do so 
 (R.O. r. 16 {b)). Where in any case this is not practicable, 
 or where there is no suitable person in the parish, district, 
 or ward, he should seek his presiding officers from the 
 nearest or most accessible place. 
 
 Form of The following form of appointment in the case of an 
 
 appointment, election of guardians is suggested : — 
 
 Union of 
 
 Election of Guardians [and Urban District] Councillors, in tire year 
 1894. 
 
 Parish of \pr Ward of the Parish of or United 
 
 Parishes of ]. 
 
 I do hereby appoint S. T., of , to act as presiding officer 
 
 [poll clerk] at polling station No. , in polUng district No, 
 Dated this day of > 1S9 . 
 
 Y. Z. 
 
 Returning Officer. 
 I accept the above appointment. 
 
 (Signed) S. T. 
 
 The above form can, with slight alterations, be adapted 
 for elections of urban or rural district councillors. 
 
 Qualification. Any fit person (as to who is a fit person, see ante, 
 p. 93) is eligible as presiding officer, who is of full age 
 {Belfast, B. & Aust. 555), and who has not been em- 
 ployed by any other person in or about the election 
 (B.A. r. 49). 
 
 Declaration of The presiding officer must make the declaration of 
 
 secrecy. secrecy (B.A. r. 54; and ^co. post, p. 197). 
 
 Duti(;s_ Speaking generally, the presiding officer's duties are 
 
 to preside at each polling station (G.O. r. 17 ; R.O. r. 16 ;
 
 Staff and Officers. 163 
 
 U.O. r. 16) ; to keep order at such station (B.A. r. 21) ; to Chap. IX. 
 
 regulate the number of electors to be admitted at a time 
 
 {ib^ ; to exclude all other persons, except the clerks, the 
 
 agents of the candidates, the constables on duty (/^.), and 
 
 the candidates {Cleuicntson w. Mason, L. R. 10 C. P. 209) ; 
 
 to see that the provisions as to secrecy arc duly observed 
 
 (see B.A, s. 4) ; to give certain offenders into custody 
 
 {ib. s. 9) ; to see that each ballot paper is properly 
 
 stamped before it is issued, that none but stamped ballot 
 
 papers are inserted in the ballot box, and that no ballot 
 
 paper is taken out of the station (see Pickering v. James, 
 
 L. R. 8 C. P. 489) ; and to mark the ballot papers of all 
 
 blind, physically incapable, or illiterate voters, and of , 
 
 Jewish voters, if the poll be taken on Saturday (B.A. 
 
 r. 26). 
 
 At any polling station in an election of guardians or 
 urban district councillors, the same person shall act as 
 presiding officer for the election of guardians and urban 
 district councillors, the polls for which are to be taken 
 together (G.O. r. 17 ; U.O r. 16). At any polling 
 station in an election of rural district councillors the 
 same person shall act as presiding officer for the election 
 of rural district councillors, and of any parish councillors 
 to be elected at the same date in the parish (R.O. 
 r. 16 («) ; P.O. r. 26 {a^J). 
 
 The returning officer should see that all his presiding 
 officers are fully instructed and clearly understand their 
 duties, and it is often advisable to hold a meeting before 
 the opening of the poll, at which these duties can be 
 further explained and discussed. A letter summoning 
 such a meeting may be as follows : — 
 
 Sir, 
 
 Union of . 
 
 Parish of \pr Ward of the Parish of or United 
 
 Parishes of ]. 
 
 Election of Guardians [and Urban District] Councillors in the year 
 1894. 
 
 I beg to inform you that I have appointed you to act as a presichng 
 officer [(';- poll clerk] at the forthcoming election of guardians [and 
 urban district] councillors to be held at on next, the 
 
 inst., and that your attendance will be required at the polling station 
 to which you may be appointed, from o'clock in the noon, 
 
 imtil the close of the poll at o'clock in the evening. 
 
 I request your attendance at a meeting which will be held in 
 on , the next at o'clock in the noon precisely, 
 
 for the purpose of making and subscribing the declaration of secrecy, 
 
 M 2
 
 164 Returning Officer's Pj-eparations for the Poll. 
 
 Chap. IX, ^"'^ '^^ receiving the necessary instructions. If not the?! present, your 
 
 place will be supplied by the appointment of another presiding officer 
 
 \or poll clerk]. 
 
 I am, Sir, 
 
 Your obedient servant, 
 Y. Z. 
 Returning Officer. 
 
 Office for furpose of election. 
 
 Dated this day of 1S9 . 
 
 Such a meeting conduces to uniformity of procedure, 
 and the interchange of views and difficulties tends to the 
 perfecting of the organisation, and is otherwise often 
 very advantageous. The working of the ballot may be 
 rehearsed, and an imaginary poll taken, both as to 
 literate and illiterate voters, and the various contingencies 
 that may arise during the poll may be considered. 
 
 The presiding officer and his poll clerks have power 
 to put the questions permitted to be put to voters, and 
 to administer the oath and affirmation (B.A. s. 10 ; and 
 see post, pp. 250, 253). 
 
 The presiding officer may delegate to the clerks ap- 
 pointed to assist him, any act which he is required or 
 authorized to do by the B.A. at a polling station, except 
 ordering the arrest, exclusion, or ejection of any person 
 (B.A. r. 50). 
 
 For tlie purpose of the adjournment of the poll, and of 
 every other enactment relating to the poll, a presiding 
 officer has the power by law belonging to a deputy 
 returning officer in a parliamentary election (B.A. s. 10), 
 and may therefore adjourn the poll if the proceedings 
 are interrupted or obstructed by any riot or open violence 
 (as to which, see Election Agent, p. 239). 
 Right to vote. Apparently a presiding officer may, if reasonably 
 necessaiy, leave his polling station (sec Pickering v. 
 James, L. R. 8 C. P. 489), and may therefore do so to 
 vote, and his vote could not be refused, and would not 
 be bad. Upon the same reasoning he may vote at his 
 own station, if that is the station to which he is assigned. 
 But it is better not to appoint electors as presiding 
 officers ; and if this is impossible, it is desirable that a 
 presiding officer should not vote, unless he can do so at 
 his own station, as if he quit his station, he must delegate 
 his principal function of general presidency, and yet 
 cannot delegate all his functions to his poll clerk ; and 
 thus the general progress of the election may be delayed,
 
 Staff and Officers. 165 
 
 mischief may arise, and the presiding officer may become Chap. IX. 
 liable to the candidate or elector thereby damnified. 
 
 The remuneration of a presiding officer should be a Rcmuncra- 
 reasonable fee, and must not exceed any limit contained ^lon. 
 in the scale fixed by the county council, or Local Govern- 
 ment Board, as the case may be (see L.G.A. s, 48, 
 sub. 7). 
 
 If the presiding officer commit any breach of duty Liabilities, 
 whereby a candidate has lost his election, he is liable to 
 an action at the suit of the party aggrieved, although no 
 malice or want of reasonable care be proved against him 
 {Pickering v. James, L. R. 8 C. P. 489). For any wilful 
 misfeasance, or any wilful act or omission in contraven- 
 tion of the B.A., he 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 omis- 
 sion, a penal sum not exceeding i^ioo (B.A. s. 11) ; and 
 he is further liable to the penalties of misdemeanor for 
 certain offences in respect to ballot papers and ballot 
 boxes {ib. s. 3) ; and to imprisonment if he infringe the 
 provisions as to the secrecy of the ballot (//;'. s. 4). 
 
 The presiding officer cannot, nor can his partner or incapacities. 
 clerk, act as agent for any candidate at the election for 
 which he acts as presiding officer (B.A. s. 11). 
 
 The returning officer shall also appoint such a number Poll 
 of poll clerks to attend at the polling station to assist Clerks^ 
 the presiding officer as may be necessary for effectually Appointment, 
 conducting the election (B.A. ss. 8, 10). It is desiralale 
 to appoint such a number as will leave the presiding Number. 
 officer free to attend to his exclusive duties {ib. r. 50) ; to 
 his duty of superintending everything {ib. r. 21), and to 
 watching the ballot box and ballot papers. The return- 
 ing officer should, as in the case of presiding officers (as 
 to which see ante, p. 162), appoint as poll clerks persons 
 resident in the parish. For a form of appointment, see 
 ante, p. 163. 
 
 The qualification is the same as in the case of a Qualification, 
 presiding officer, as to which, see ante, p. 162. 
 
 The poll clerk must make the declaration of secrecy 
 (B.A. r. 54 ; and sec post, p. 197). 
 
 The duties of the poll clerks are fully detailed in Duties. 
 Chap. XL, post, p. 237. The returning officer should 
 hold a meeting of the poll clerks, in the same manner as 
 with his presiding officers {ante, p. 163). 
 
 The presiding officer may delegate to his poll clerks
 
 1 66 Returning Officer'' s Preparations for the Poll. 
 
 Lialiilities. 
 
 Ricrht to vote. 
 
 Chap. IX. any act authorized by the B.A. to be done by him at a 
 polHng station, except ordering the arrest, exclusion, or 
 ejection of any person (B.A. r. 50). 
 
 The poll clerk can put the questions and administer 
 the oath and affirmation, authorized by law, to be asked 
 of and administered to voters (B.A. s. 10, and see post, 
 pp. 250, 253). 
 
 The liabilities of a poll clerk are similar to those of 
 the presiding officer {ante, p. 165). 
 
 The poll clerk can vote, and the objections to his 
 voting are not so great as in the case of presiding officers 
 (see atite, p. i64) ; but as with them, it is better to 
 appoint persons as poll clerks who are not parochial 
 electors, or are willing to abstain from voting. If, 
 however, electors are appointed as poll clerks, it is 
 desirable to post them to the stations at which they are 
 respectively assigned to vote. 
 
 The same remarks apply as to remuneration as in the 
 case of a presiding officer (see ajite, p. 165). 
 
 The returning officer should also provide a sufficient 
 attendance of constables or peace officers at each polling 
 station. 
 
 The duties of the constable are to obey the orders of 
 the presiding officer (see B.A. r. 21) ; to admit no greater 
 number of electors than shall be sanctioned by the 
 presiding officer {ib.) ; to remove any person whom the 
 presiding officer may order him to remove, and to detain 
 in custody any such person if charged with the com- 
 mission in the polling station of any offence (B.A. s. 9) ; 
 to take into custody any person accused of personation 
 whom the presiding officer may order him to take into 
 custody {6 8l 7 Vict. c. 18, s. ^6; B.A. s. 24), and to 
 take such person, at the earliest convenient time, before 
 two justices or a justice {6 &. y Vict. c. 18, s. ?>/ ; B.A. 
 s. 24) ; to maintain, and aid in maintaining, the secrecy 
 of the voting ; to assist in preventing persons com- 
 municating information as to the electors who have or 
 have not applied for ballot papers, or voted, or as to the 
 official mark ; and to prevent persons from interfering 
 with a voter when marking his vote (B.A. s. 4 ; and see 
 the instructions given to the policeman in the Droghcda 
 case, 2 O'M. & H. 204). 
 Declaration of It is not clear under B.A. r. 54, whether a constable 
 secrecy. is included in the term " officer," or whether it is intended 
 
 that the constables or peace officers, whom the returning 
 
 Remunera- 
 tion, 
 
 Constables. 
 
 Duties.
 
 Staff and Officers. 1 67 
 
 officer is required to have in attendance for the purpose Chap. IX. 
 of taking into custody any person charged with persona- 
 tion {6 ^ y Vict. c. 18, s, 2>6 ; B.A. s, 24), are to make 
 the declaration of secrecy. In practice, this declaration 
 is not generally made by constables or peace officers 
 (see, for example, Drogheda, 2 O'M. & H, 206), but 
 there seems no reason against their making the declara- 
 tion, and if they are stationed inside the polling station, 
 or inside the room or place where the votes are counted, 
 they fall within the words of B.A. r. 54, and ought, it 
 is submitted, to have previously made the declaration. 
 
 The returning officer may, in addition to any clerks. Counting 
 appoint " competent persons " to assist him in counting ^^^ ^clerks 
 
 the votes (B.A. r. 48). These " competent persons " 
 
 may, it is submitted, include a legal adviser, or expert Appointment 
 in election law, to assist the returning officer in deciding ^'^^ number, 
 any question that may arise on irregularly marked 
 ballot papers, or otherwise in connection with the counting 
 of the votes and declaration of the result. There is no 
 limit upon the number of clerks and competent persons 
 that should be appointed, further than that the total 
 number must only be such as may be necessary for 
 effectually doing the work (B.A. s. 8). These competent 
 persons and clerks must make the declaration of secrecy 
 (B.A. r. 54; and see further \\&xQox\,post, p. 197). 
 
 The following is a form of appointment : — Form. 
 
 Union of 
 
 Parish of ^or Ward of the Parish of or United 
 
 Parishes of ]. 
 
 Election of Guardians [and Urban District] Councillors, in the year 
 1894. 
 
 I do hereby appoint T. T., of , to act as counting assistant, 
 
 and to attend at for the purpose of assisting me in counting tire 
 
 votes at the above-named election. 
 
 Dated this day of , 189 . 
 
 Y. Z., 
 
 I\ til truing Officer. 
 I accejit the above appointment. 
 
 (Signed) T, T. 
 
 The only qualification required in a counting assistant Qualification. 
 is that he shall be " competent," i.e. competent to assist 
 the returning officer in counting the votes (B.A. r. 54). 
 He must not be employed by any other person in or 
 about the election {ib. r. 49), but there seems to be no 
 objection to appointing an elector, or a minor if he be
 
 1 68 Returning Officer s Preparations for the Poll. 
 
 Chap. IX. " competent." The counting assistant should be resident 
 in the neighbourhood of the place of counting, or if the 
 returning officer be unable to obtain a person so resident, 
 he should appoint him from the next nearest or most 
 accessible place ; if the returning officer unnecessarily 
 bring his counting assistants from a distance, their travel- 
 ling expenses may be wholly or partly disallowed, and 
 he may have to pay the sums disallowed out of his own 
 pocket (see re Ctimberland Elections, 30 Solicitors' Journal, 
 
 749, 755. 772). 
 Duties. The duties of the counting assistant are to assist the 
 
 returning officer in counting the votes (B.A. r. 48), and 
 these duties are discussed at length in Chap. yill.,post^ 
 p. 263). The returning officer should hold a meeting 
 of his counting assistants before the poll day for the 
 l^urpose of mutual discussion and instruction. The 
 method to be pursued at the counting may be rehearsed, 
 and the various difficulties and contingencies that may 
 arise and errors that should be avoided, may be con- 
 sidered. The following is a form of letter summoning 
 such a meeting : — 
 
 Sir, 
 Union of 
 
 Parish of [or Ward of the Parish of or United 
 
 Parishes of ]. 
 
 Election of Guardians [and Urban District] Councillors, in the year 
 1894. 
 
 I beg to inform you that I have appointed you one of my counting 
 assistants at the above-named election, and I request your attendance 
 at a meeting of counting assistants which will be held in on 
 
 the instant, at o'clock in the noon precisely, for the 
 purpose of making and subscribing the declaration of secrecy, and of 
 receiving the necessary instructions. 
 
 I am. Sir, 
 
 Your obedient servant, 
 
 Y. Z. 
 Returning Office?'. 
 Dated this day of 189 . 
 
 Right to vote. Inasmuch as the poll is over before the duties of the 
 counting assistant begin, there is no objection to his 
 voting. 
 
 Rcmunera- The remuneration of each counting assistant should 
 
 ^'°"- be a reasonable fee, and must not exceed any limit 
 
 contained in the scale fixed by the county council or 
 Local Government Board, as the case may be (see 
 L.G.A. s, 48, sub. 7). 
 
 Liabilities. The counting assistant, if he commit any breach of
 
 Staff and Officers. 169 
 
 duty whereby the candidate has lost the election, is Chap. ix. 
 liable to an action at the suit of the party aggrieved (see 
 Pickering v. James, L. R. 8 C. P. 489 ; ace. Thornbnry, 
 16 O. B. D, 752), though not for a mere mistake on a 
 point of law (see cases cited, Election Agent, pp. 50, 51). 
 He is also liable to a penalty of not exceeding i^ioo for 
 any wilful misfeasance, or any wilful act or omission, in 
 contravention of the B.A. (B.A. s. 11). He is guilty of 
 misdemeanor, and is liable to imprisonment for not 
 exceeding six months, with or without hard labour, if he 
 forges or counterfeits, or fraudulently defaces or destroys, 
 any ballot paper, or the official mark on any ballot 
 paper, or, without due authority destroys, takes, opens, 
 or otherwise interferes with, any ballot box or packet of 
 ballot papers then in use for the purposes of the election 
 (B.A. s. 3) ; he is also liable to a similar imprisonment 
 if he infringe the secrecy of the ballot (fb. s. 4) ; and he, 
 his partner and clerk, is also guilty of misdemeanor, if 
 he or either of them act as agent for any candidate in 
 the management or conduct of his election as a parish 
 councillor (B.A. s. 11). As to proceeding for these 
 offences, see Election Agent, pp. 478, 474, 475, 480. 
 
 The counting assistant cannot, nor can his partner or Incapacities. 
 clerk, act as agent for any candidate in the management 
 or conduct of his election as a guardian or district 
 councillor, at the election for which he acts as counting 
 assistant (B.A. s. 11). 
 
 B.— Polling Disticts, Polling Places, and 
 Polling Stations. 
 
 The B.A., M.C.A.. and M.E.C.I.P.A., as adapted by 
 the G.O., R.O., and U.O., are applied to the election of 
 guardians and district councillors by L.G.A. s. 48, sub. 3. 
 The provisions of the B.A. have, in many cases, been 
 materially altered by the above-named orders from those 
 which appear in the B.A, itself, and are consequently 
 cited, not from that Act, but from the schedules to G.O, 
 r. 25 ; R.O. r. 24 ; and U.O. r. 24. 
 
 A polling district is a portion of a parish ; a polling Definitions. 
 place is the place in the parish at which the poll is 
 taken ; a polling station is the room or building in a 
 polling place at which the votes are given. 
 
 In an election of guardians — {a.) If the parish is
 
 I/O Returning Officer's Preparations for the Poll. 
 
 Polling 
 Districts. 
 
 Guardians. 
 
 Chap. IX. divided into wards for the election of urban district 
 councillors, including the councillors of a borough, the 
 whole of each such ward being comprised in the parish, 
 and the lists of parochial electors are made out in sepa- 
 rate parts for such wards, each ward shall be a polling 
 district for the election of guardians (G.O. r. 14, par. i). 
 {/;.) If the parish is not so divided, but is divided into 
 polling districts for the election of county councillors, or 
 if it is not divided into such polling districts, but is 
 divided into polling districts for the election of the 
 councillors of a borough, the whole of each such district 
 being comprised in the parish, and the lists of parochial 
 electors are made out in separate parts for such districts, 
 each district shall be a polling district for the election of 
 guardians {ib.) {c.) If neither paragraph {a.) nor para- 
 graph {b.) of this rule applies to the parish, the returning 
 officer may, if he thinks fit, divide the parish into polling 
 districts for the election of guardians, but each district 
 shall consist of an area for which separate lists of 
 parochial electors will be available {ib). (d.) The polling 
 districts for the election of guardians and of any urban 
 district councillors, when the polls for the two elections 
 are taken together, shall be the same (ib.) ; as to when 
 the polls for the two elections are taken together, see 
 post, p. 183. 
 
 In an election of rural district councillors : (a.) If the 
 parish is divided into polling districts for the election of 
 county councillors or of parish councillors, the whole of 
 each such district being comprised in the parish, and 
 the lists of parochial electors are made out in separate 
 parts for such districts, each district shall be a polling 
 district for the election of rural district councillors (R.O. 
 r. 13, par. i ; and see P.O. r. 21, par. i). (b.) If the parish 
 is not so divided, but is divided into wards for the elec- 
 tion of parish councillors, each ward shall be a polling 
 district for the election of rural district councillors (ib.). 
 (c\) If neither paragraph (a.) nor paragraph (b.) of this 
 rule applies to the parish, the returning officer may, if 
 he thinks fit, divide the parish into polling districts for 
 the election of rural district councillors, but each district 
 shall consist of an area for which separate lists of 
 parochial electors will be available (ib.) (d.) The polling 
 districts for the election of rural district councillors and 
 of any parish councillors elected at the same date in the 
 parish shall be the same (ib.) 
 
 Rural district 
 councillors.
 
 Polling Districts. 171 
 
 In an election of urban district councillors : {a) Any Chap. IX. 
 parish, or, where a parish is united with another parish 
 for the election of guardians, the united parishes, shall, aistrict 
 if wholly comprised in the urban district, be a polling councillors, 
 district, or be subdivided into polling districts for the 
 election of urban district councillors, if a poll for the 
 said elections and a poll for the election of guardians 
 will be taken together (U.O. r. 13, par. i) ; as to when 
 a poll for the two elections will be taken together, see 
 post, p. 183. (/;.) If any parish is divided into wards for 
 the election of guardians, paragraph {a) of this rule 
 shall apply with the substitution of " ward " for " parish " 
 {ib). if) Provided that if any parish, united parishes, 
 or ward of a parish for the election of guardians is or 
 are divided into polling districts for the election of 
 county councillors, the whole of each polling district 
 being comprised in the parish, united parishes, or ward, 
 and the lists of parochial electors are made out in 
 separate parts for such polling districts, each district 
 shall, if a poll for the election of urban district coun- 
 cillors and a poll for the election of guardians will be 
 taken together, be a polling district for the election of 
 urban district councillors (ib). {d.) Subject as aforesaid, 
 the returning officer may, if he thinks fit, divide the 
 district into polling districts for the election of urban 
 district councillors, but each district shall consist of an 
 area for which separate lists of parochial electors will be 
 available {ib.). (e.) The polling districts for the election 
 of urban district councillors and of any guardians when 
 the polls for the two elections are taken together shall 
 be the same (ib.) ; as to when the polls for the two 
 elections are taken together, see post, p. 183. 
 
 The lists and register of electors in any parish shall be Lists and 
 framed in parts for wards of urban districts and parishes registers. 
 in such manner that they may be conveniently used as 
 lists for polling at elections for any such wards (L.G.A. 
 s. 44, sub. 3) ; they shall be made out in such parts as 
 may be necessary for the purpose of the first elections 
 under the L.G.A. {ib. s. 84, sub. 4) ; and if the county 
 council, having under consideration any division into 
 wards, or alteration of the boundaries of any parish, or 
 union, or district which is to affect the first election, so 
 direct, the lists of voters shall be framed in parts corre- 
 sponding with such division or alteration so that the 
 parts may serve either for the unaltered parish, union,
 
 172 Returning Officer's Preparations for the Poll. 
 
 Chap. IX. 
 
 Polling 
 Places. 
 
 Use of school 
 and public 
 room. 
 
 Exemption 
 from rates. 
 
 Polling 
 Stations. 
 
 Number. 
 
 or district, or for the same when divided or altered 
 (L.G.A. s. 84, sub. 3 {a)). 
 
 The returning officer shall determine the number and 
 situation of the polling places, provided that no premises 
 licensed for the sale of intoxicating liquor shall be used 
 for a polling place (G.O. r. 15, par. i (a) ; R.O. r. 14 {a) ; 
 U.O. r. 14 {a)). As to what are such premises, see post, 
 p. 207. 
 
 The returning officer at an election of guardians or 
 district councillors may use, free of charge, for the pur- 
 pose 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 (B.A. s, 6 ; L.G.A. s. 48, 
 sub. 3 (a)). 
 
 Any room so used must probably be suitable for the 
 purpose of taking the poll, and a "suitable" room is 
 one that is fitting, proper, and competent for the use 
 and purpose. The right to use any room in a school; 
 does not extend to any room in the dwelling house of 
 the schoolmaster (see Buckrose, 4 O'M. & H. 113) ; but 
 the right to use the room for the purpose of taking the 
 poll seems to be paramount over the ordinary use and 
 purpose of the room, and to justify any needful inter- 
 ference with school hours, and with the hours during 
 which any room maintained out of a local rate is used 
 for the administration of justice or police {cp. L.G.A, 
 s. 4, sub. i). 
 
 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 
 (B.A. s. 6). 
 
 The returning officer shall provide such polling stations 
 as may be necessary for effectually conducting the 
 election (B.A. s. 8), and at every polling place he shall, 
 subject to the provisions of the G.O., R.O. and U.O., 
 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
 
 Polling Statio7is. 1 73 
 
 most convenient (B.A. r. 15). A separate room or booth Chap. IX, 
 may contain a separate polling station, or several polling 
 stations may be constructed in the same room or booth 
 {ib. r. 17). But unless the county council otherwise 
 direct, where the number of parochial electors in the 
 parish or urban district, or (if the parish or district is 
 divided into polling districts) in any polling district, is 
 not more than five hundred, only one polling station 
 shall be provided for the parish, urban district, or polling 
 district ; and so on for each additional five hundred 
 parochial electors, or for any less number of electors 
 over and above the last five hundred (G.O. r. 1 5, par. i (r) ; 
 R.O. r. 14 if) ; U.O. r. 14 {c)). The maximum number of 
 polling stations that can be provided is thus dependent 
 upon the number of parochial electors in the parish, 
 urban district, or polling district, and is as follows : — 
 
 From I to 500 electors, one polling station. 
 „ 501 „ 1,000 „ two polling stations. 
 „ 1,001 „ 1,500 „ three „ 
 „ 1,501 „ 2,000 „ four „ 
 
 and so on, adding one more polling station for each 
 additional five hundred electors, or less than five hundred 
 electors. 
 
 The polling stations for the election of guardians and 
 of any urban district councillors, when the polls for the 
 two elections are taken together, shall be the same (G.O. 
 r. 15, par. i (b) ; U.O. r. 14 {b)) ; and the same polling 
 stations shall be used for the election of rural district 
 councillors and of any parish councillors to be elected at 
 the same date in the parish (R.O. r. 14 (^) ; P.O. r. 22 {by). 
 As to when these elections are respectively to be taken 
 together, so.^ post, p. 183. 
 
 There are no requirements as to the architectural form Architectural 
 of the polling stations. One convenient feature is to ^o"^"^ ^^ 
 provide each station with two doors — one for the entrance ^*^^'°"- 
 and one for the exit of the electors — marking same 
 respectively with large placards, " Entrance " and " Exit, ' 
 or " In " and " Out " and with index fingers, m- =3^, and, 
 if possible, with a third door at the back for the officials. 
 By this means, the electors enter and leave in one 
 continuous stream, and the officials can enter or leave 
 rapidly, and without coming into contact with the 
 electors — a convenience that might be of vital import- 
 ance in the case of riot, stoppage, or failure of the voting 
 machinery, or in any other emergency requiring prompt
 
 1/4 Returning Officer's Preparations for the Poll. 
 
 Chap. IX. 
 
 Compart- 
 ments for 
 marking the 
 votes. 
 
 Use of com- 
 partments 
 belonging to 
 any public 
 authority. 
 
 Position of 
 compart- 
 ments. 
 
 Contract for 
 providing 
 compart- 
 ments, etc. 
 
 measures to be taken. The polling station should be on 
 a level with the street, steps either up or down being 
 very objectionable. The presiding officer's seat should 
 face the entrance, his poll clerks should be seated on 
 either side of him, and the candidates' polling agents 
 next beyond the poll clerks. There should be a drop 
 bar or barrier to separate the officers and the candidates' 
 agents from the voters, and a sufficient number of seats 
 for these officers and agents must be provided. 
 
 The returning officer shall furnish every polling station 
 with such number of compartments in which the voters 
 can mark their votes screened from observation, as may 
 be necessary for effectually taking the poll at the elec- 
 tion (G.O. r. i8 ; R.O. r. 17 ; U.O. r. 17). This is in lieu 
 of the unapplied provision, B.A. r. 16, under which at 
 least one compartment must be provided for every 150 
 electors entitled to vote at such polling station ; the 
 number to be provided is therefore not prescribed, but 
 is left to the judgment and discretion of the returning 
 officer. 
 
 Any fittings and compartments provided by or 
 belonging to any public authority, for any election 
 (whether parliamentary, county council, municipal, 
 school board, or other), shall, on request, and if not 
 required for immediate use by the said authority, be 
 lent to the returning officer, upon such conditions 
 and either free of charge or, except in the prescribed 
 cases, for such reasonable charge as may be prescribed 
 (L.G. A. s. 48, sub. 6). " Prescribed " means prescribed 
 by order of the Local Government Board {ib. s. 75, 
 sub. 2), and no conditions or charge having been pre- 
 scribed by the G.O., R.O., or U.O., application must, if 
 needful, be made to the Board in each particular case. 
 
 The compartments should be opposite the presiding 
 officer's seat ; and, in order to hide them more effisctually 
 from the observation of persons passing in and out of 
 the station, a curtain or screen of sufficient height may 
 be placed alongside the compartments. A width of 
 thirty inches, and a height of seven feet is sufficient for 
 each compartment. It is also very convenient in polling 
 districts containing a large number of illiterate electors, 
 to have a separate department with additional officials 
 for taking the votes of such electors. 
 
 The proper course where the returning officer cannot 
 obtain fittings and compartments on loan, free of charge, 
 is for him to enter into a contract for the provision and
 
 Polling Statio7is. 
 
 175 
 
 furnishing of polling stations. 
 suggested : — 
 
 The following; form is Chap. IX. 
 
 Agreement made the day of 189 , between of Form, 
 
 (hereinafter called "the contractor ") of the one part, and Y. Z. 
 of (hereinafter called " the returning officer ") of the other part. 
 
 1. The contractor shall provide, set up, and maintain in complete 
 compliance with the requirements of the Ballot Act, 1872, and of the 
 
 Guardians (Outside London) Election Order, 1894,* and to the satisfac- * These words 
 tion in all respects of the returning officer, in each of the polling stations to be altered 
 mentioned in the first column of the schedule hereto, such number of according to 
 secret compartments as are specified in the second column of the said circumstances 
 schedule, and shall provide at each station all tables, desks, barriers, 
 and all such other furniture as is necessary and usual, or as shall be 
 required by the returning officer, for the use of the presiding officer, 
 poll clerks, candidates, polling agents and voters, together also with 
 light and fire from o'clock a.m. to o'clock p.m. on the 
 
 polling day and any adjourned polling day. 
 
 2, The said compartment shall be put, placed, and set up ready for 
 use in each of the said polling stations, without damage or injury to 
 the respective rooms or buildings used as the said polling stations or to 
 the furniture now or then therein, by o'clock .m. at the latest on 
 the day [previous to the day] appointed for taking the poll, and shall 
 be removed therefrom, without damage or injury as aforesaid, on the 
 day succeeding the day on which the poll shall be closed. 
 
 [3. The contractor shall, on the day [before the day] appointed for 
 taking the poll, post or cause to be posted on the outside of every 
 polling station and inside every secret compartment of such polling 
 station, all placards and posters which the returning officer shall in- 
 struct him to so post, and which shall be supplied to him by the 
 returning officer, and shall keep the same so posted until after the close 
 of the poll.] 
 
 4. Upon payment of the charges of the returning officer, the re- 
 turning officer shall pay to the contractor such sum or sums as shall be 
 allowed to the returning officer for the works herein required to be 
 done and the materials herein required to be supplied. And the con- 
 tractor shall accept such sum or sums in full payment for all work 
 required to be done and materials to be supplied by him under this 
 agreement. 
 
 5. The contractor shall lie answerable for all damage done to any 
 polling station or room used as a polling station in the erection or 
 removal of the said compartments, and hereby indemnifies the return- 
 ing officer therefrom, and also from all damages, costs, charges, and 
 expenses which shall or may be incurred by the returning officer, 
 owing to any neglect, omission, or failure on the part of the contractor, 
 his agent or servants, in complying with this agreement. 
 
 In Witness, etc. 
 
 The Schedule above referred to. 
 
 Name of Polling Station. 
 
 Number of Compartments to be Erected. 
 

 
 1/6 Retuniiug Officer s Preparations for the Poll. 
 
 Chap. IX. The directions for the guidance of voters in voting 
 -r,. 7 r shall be printed in conspicuous characters, and placarded 
 
 Directions for . . ^ ,,. ^. ,. ' ^ 
 
 guidance of outside every polling station, and in every compartment 
 voter in of cvcry polling station (B.A. sch. II., note at head of 
 
 voting. |.j^g directions). These directions shall be illustrated by 
 
 examples of the ballot paper {ib. note at foot of the 
 directions). It is doubtful whether the names of the 
 actual candidates are intended to be inserted in the 
 example of the ballot paper given in these directions ; 
 the general, and, it is submitted, preferable practice, is to 
 give hypothetical names, such as those given in the form 
 in B.A. sch. II. {post, p. 179). It is inexpedient to give 
 a greater number of names than the total number of 
 candidates; thus, where there are only six candidates, 
 six names only should be given. 
 
 The name and address of the printer and publisher 
 must appear on the face of the directions (M.E.C.I.P.A. 
 s. 14). 
 Form. The following is the form in B.A. sch. II., which form, 
 
 or a form as nearly resembling the same as circumstances 
 admit, shall be used (note at head of B.A. sch. II.) : — 
 
 Directions for the Guidance of the Voter in Voting. 
 
 Tlie voter may vote for candidates as guardians [or rural or 
 
 urban district councillors]. 
 
 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 . 
 
 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. 
 
 If the voter votes for more than candidates, or places any 
 
 mark on the paper by which he may be afterwards identified, his ballot 
 l^aper 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 im- 
 l^risonment for any term not exceeding six months, with or without 
 hard labour. 
 
 Ballot boxes. The returning officer shall provide such ballot boxes 
 as may be necessary for effectually conducting the 
 election (B.A. s. 8), Any ballot boxes provided by or
 
 Polling Stations. 177 
 
 belonging to any public authority for any election shall, Chap. IX. 
 on request, and if not required for immediate use by the 
 said authority, be lent to the returning officer, upon such 
 conditions, and either free of charge, or for such reason- 
 able charge as may be prescribed (L.G.A. s. 48, sub. 6 ; 
 and see ante, p. 174). 
 
 In an election of guardians, or urban district council- Separate 
 lors, if polls are taken together for the election of ballot boxes, 
 guardians and urban district councillors, separate ballot 
 boxes shall be used for the two elections respectively, 
 but no vote for any guardian, or urban district councillor, 
 shall be rendered invalid by the ballot paper being placed 
 in the box intended for the reception of ballot papers for 
 urban district councillors or guardians (G.O. r. 25, par. 2 ; 
 U.O. r. 24, par. 2). As to where polls are to be taken 
 together, see post, p. 183. 
 
 If an election of rural district councillors and of any 
 parish councillors is held in the parish at the same date, 
 one ballot box may, if the returning officer thinks fit, be 
 used for the two elections ; but, if separate ballot boxes 
 are used for the two elections respectively, no vote for 
 any rural district councillor shall be rendered invalid by 
 the ballot paper being placed in the box intended for 
 the reception of ballot papers for parish councillors 
 (R.O. r. 24, par. 2 ; and see P.O. r. 34, par. 2). As to 
 when these elections are to be taken together, see post, 
 p. 183. 
 
 If separate ballot boxes are used for the two elections, 
 it is suggested that they should be of the same colours 
 respectively as the ballot papers to be deposited in them 
 {see post, p. 178). 
 
 The ballot box must have a lock and key (see B.A. Size and 
 r. 23) ; it shall be so constructed that the ballot papers construction, 
 can be introduced therein, but cannot be withdrawn 
 therefrom without the box being unlocked (id.) ; and it 
 must be capable of being sealed up at the close of the 
 poll, so as to prevent the introduction of additional 
 ballot papers {id. s. 2) ; — this is usually done by a sliding 
 lid so constructed as that it can be sealed. The ballot 
 box should be placed in the centre of the table, and 
 immediately opposite the presiding officer. It may be 
 constructed of any material, size, or shape ; but must be 
 of sufficient capacity conveniently to receive a number 
 of ballot papers equal to the number of voters assigned 
 to the particular station ; of sufficient strength to stand 
 
 N
 
 178 Returning Officej-'s Preparations for the Poll. 
 
 Chap. IX. the weai'-and-tcar of transit ; and each box should bear 
 a distinctive number. 
 
 ^•^s*^' The cost of any ballot boxes provided by the returning 
 
 officer must not exceed any limit contained in the scale 
 fixed by the county council, or by the Local Government 
 Board, as the case may be (see L.G.A. s. 48, sub. 7). 
 
 Ballot papers. The returning officer shall also furnish each presiding 
 officer with such number of ballot papers as may be 
 necessary for effectually taking the poll at the election 
 (B.A. s. 8; G.O. r. 18 ; R.O. r. 17 ; U.O. r. 17). The 
 number supplied must be equal to the total number of 
 voters entitled to vote at that station, with a sufficient 
 extra allowance to supply the place of spoilt ballot 
 papers. These ballot papers shall show the names and 
 "descriptions 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 (B.A. s. 2). 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 (as to what is a surname, see 
 ante, p. no), and (if there are two or more candidates 
 with the same surname) of their other names ; it shall be 
 in the form in B.A. sch. II., or as near thereto as circum- 
 stances admit, and shall be capable of being folded up 
 (B.A. r. 22). The surname of each candidate, and, if 
 there are two or more candidates of the same surname, 
 the other names of such candidates, shall be printed in 
 large characters as shown in the form, and the names, 
 places of abode, and descriptions, shall be printed in 
 small characters (B.A. sch. II., directions as to printing 
 ballot paper). The number on the back of the paper 
 shall also be printed in small characters {ib\ and it 
 should be printed in such a position — e.g. in a corner of 
 the ballot paper — as that the number is capable of being 
 doubled up to prevent its being seen {T/ionibury, 2 Times 
 L. R. 488 ; and see post, p. 278). The space allotted on 
 the ballot paper for the marking of the voter's cross 
 should afford him ample space in which to mark his 
 cross, but waste edges or margins, sometimes resorted to 
 by an uneducated voter for marking his cross, should 
 be avoided. The ballot papers used at the election of 
 guardians, or urban district councillors, or rural district 
 councillors, shall be of a different colour from that of 
 any ballot papers used in the election of any urban
 
 Polliui: Stations. 
 
 179 
 
 district councillors, or guardians, or parish councillors, Chap. TX, 
 used when the polls for the two elections are taken 
 together (G.O. r. 25, par. 3 ; U.O. r. 24, par. 3), or when 
 the elections of rural district councillors and of parish 
 councillors are held in the parish at the same date (R.O. 
 r. 34, par. 3 ; P.O. r. 34, par. 3). As to when these polls 
 are taken together, see post, p. 183. 
 
 The returning officer must also provide each polling Tendered 
 station with a sufficient number of tendered ballot papers, ^^^^^^^ papers, 
 which shall be of a colour differing from the other ballot 
 papers (B.A. r. 27), but shall correspond therewith in 
 all other respects. The colours so used should differ 
 from either colour used for the ordinary ballot papers, 
 and where two elections are held in the same parish or 
 district at the same date, it will probably be found 
 prudent and desirable to use a separate colour for each set 
 of tendered ballot papers — thus using four colours in all. 
 
 Ballot papers may conveniently be made up into books, 
 like cheque books, and usually are so made up. 
 
 The following is the form of ballot paper to be used Form, 
 at an election of rural district councillors : — 
 
 
 Counterfoil 
 
 No. 
 
 Note : — ■< 
 
 The counter- _^ 
 foil is to havei. 
 a number to < 
 correspond with ^ 
 that on the hacJi < 
 of the Ballot < 
 Paper. \ 
 
 Form of Front of Ballot Paper. 
 
 ELECTION OF RURAL 
 DISTRICT COUNCILLORS. 
 
 1 
 
 ADAMS 
 
 (Walter Adams, of Green Farm, 
 Farmer.) 
 
 
 2 
 
 HIGGINS 
 
 (William Henry Higgins, of Mudford, 
 Agricultural Labourer.) 
 
 
 3 
 
 MERTON 
 
 (Hon. George Travis, commonly called 
 
 Viscount Merton, of Swanvvorth, 
 
 Wilti^, gentleman.) 
 
 
 4 
 
 PRITCHARD 
 
 (Jane Pritchard, of Rose Villa, 
 married woman.) 
 
 
 No. 
 
 Form of Back of Ballot Paper. 
 
 Election of Rural District Councillors for Parish \or United 
 
 Parishes, or Ward of Parish]. 
 
 1894. 
 
 Note. — The number on the ballot paper is to correspond with that on 
 the counterfoil. 
 
 N 2
 
 Chap. IX. 
 Form. 
 
 1 80 Returning Officer's Preparations for the Poll. 
 
 The following is the form of ballot paper to be used 
 at an election of guardians : — 
 
 Counterfoil 
 No. 
 
 
 
 Note : — 
 . The cotmter ^,^j^ 
 foil IS to have <sX_T,'^\^ 
 a Jtumber to<!^^f^ 
 correspond with 
 that on the back 
 of the Ballot ^,i 
 Paper. 
 
 ■<J-<G£^— ©- 
 
 
 
 Form of Front of Ballot Taper. 
 
 ELECTION OF GUARDIANS. 
 
 1 
 
 BROWN 
 
 (John Brown of Water Lane, 
 Agricultural Labourer.) 
 
 
 2 
 
 GREEN 
 
 (Robert Green, of Mudford, 
 Shoemaker.) 
 
 
 3 
 
 JONES 
 
 (William David Jones, of Claygate 
 Farm, Farmer.) 
 
 
 4 
 
 MERTON 
 
 (Hon. George Travis, commonly called 
 
 Viscount Merton, of Swanworth, 
 
 Wilts, gentleman.) 
 
 
 5 
 
 ROBINSON 
 
 (Henry Robinson, of High Street, 
 Grocer.) 
 
 
 6 
 
 SMITH 
 
 (Mary Elizabeth Smith, of Lavender 
 'Cottage, married woman.) 
 
 
 Form of Back of Ballot Paper. 
 
 No. 
 
 Election of Guardians for 
 of Parish]. 
 
 Parish [^r^United Parishes or Ward 
 
 1894. 
 
 j^ote. — The number on the ballot paper is to correspond with that on 
 the counterfoil.
 
 Polliuf: Stations. 
 
 i8i 
 
 And the following is the form of ballot paper to be Chap. IX, 
 
 used at an election of urban district councillors : — 
 
 ^^s sj^ Form of Front of Ballot Paper. 
 
 ELECTION OF URBAN 
 Counterfoil ^S^ DISTRICT COUNCILLORS. 
 
 No. 
 
 Form. 
 
 Note : — -^ 
 
 The counter-*^ 
 
 foil is to have. 
 
 a number to ' 
 
 correspond 7inth ' 
 that on the back . 
 .of the Ballot ■ 
 Paper, 
 
 1 
 
 CADE 
 
 ("John Cade, of 22, Wellclose Place, 
 
 Accountant.) 
 
 
 2 
 
 GIBSON 
 
 (Henry Gibson, of 10, High Street, 
 
 Oilman.) 
 
 
 3 
 
 JOHNSON 
 
 (Char!ei Johnson, of 7, Albion 
 
 Street, gentleman.) . 
 
 
 4 
 
 ROBINSON 
 
 {Jane Ellen Robinson, of 12, Green 
 Street, Grocer.) 
 
 
 5 
 
 THOMPSON 
 
 (William Henry Thompson, of 14, 
 Queen Street, Silversmith.) 
 
 
 > 
 
 WILSON 
 
 (Robert Wilson, of 22, Hanover 
 
 Square, Chemist.) 
 
 
 Urban District \pr 
 
 Form of Back of Ballot Paper. 
 No. 
 
 Election of Urban District Councillors for 
 Ward of Urban District]. 
 
 1894. 
 
 Note.—1\\& number on the ballot paper is to correspond with that on the 
 •counterfoil. 
 
 But forms as nearly resembling the above as circum- 
 stances will admit may be used, and when so used shall 
 be sufficient in law (B.A., note at head of sch. 11.).^ 
 
 The returning officer shall provide stamping instru- Stamping 
 ments for stamping the official mark on the ballot i^n^strument^ 
 papers (B.A. r. 20). Inasmuch as the official mark shall ^^ark. 
 be marked on both sides of the ballot paper {ib. s. 2), 
 and may be either stamped or perforated \ib. r. 24), an 
 embossing or perforating machine is the most convenient. 
 The official mark may be any word, letter, combination 
 of letters, cipher, or design whatever, and the returning
 
 1 82 Returning Officer's Preparations for the Poll. 
 
 Chap. IX. 
 
 Materials for 
 marking 
 ballot papers. 
 
 Light and 
 firing. 
 
 Forms, 
 accounts, etc. 
 
 officer shall keep it secret (B.A. r. 20) ; but there is no 
 enactment requiring that an interval of not less than 
 seven years shall intervene between the use of the same 
 mark, as there is at parliamentary elections, municipal 
 elections (M.C.A. s. 58, sub. i), and county council 
 elections (L.G.A. s. 75). 
 
 The returning officer shall also provide each polling 
 station with materials for voters to mark the ballot 
 papers (B.A. r. 20). The usual material, and that which 
 is contemplated by the statute, is a pencil (see the 
 directions for guidance of voters in voting, ante, p. 176) ; 
 ink is very objectionable. 
 
 The returning officer must also provide each polling 
 station with sufficient means of lighting, and, if he see 
 fit, with firing. 
 
 He must also provide each polling station with the 
 following forms, accounts, stationery and materials : — 
 
 10. 
 II. 
 12. 
 
 13- 
 
 14. 
 
 -Register of parochial electors 
 aflotted to polling station. 
 
 -Perforator. 
 
 -Three pencils. 
 
 -Two penholders. 
 
 -Ballot papers. 
 
 -Tendered ballot papers. 
 
 -Six quill pens. 
 
 -Declarations of inability to 
 read. 
 
 -List of votes marked by the 
 presiding officer. 
 
 -List of tendered votes. 
 
 -Ballot paper account. 
 
 -Questions, oaths, and affirma- 
 tion. 
 
 -Tape. 
 
 -Box of wax-lights. 
 
 15.— Seal. 
 
 16.— Ink. 
 
 17. — Sealing-wax. 
 
 18. — Foolscap envelopes. 
 
 19. — Note paj3er and small en- 
 velopes. 
 
 20. — Foolscap paper. 
 
 21. — Blotting paper. 
 
 22. — Cartridge paper. 
 
 23. — Pins. 
 
 24. — Pentateuch. 
 
 25. — Testament. 
 
 28. — Statement of number of votes 
 marked by presiding officer. 
 
 29 — Cards of re-admission to polling 
 station. 
 
 30. — Stamping instrument. 
 
 The register of voters to be supplied is limited by the 
 B.A. to such part as contains the names of the voters 
 allotted to vote at the station (see B.A. s. 8, and r. 20), 
 but if police constables are likely to vote under 50 & 51 
 Vict. c. 9 {see post, p. 240), a full copy of the register, or 
 of that part containing the names of the constables 
 likely to vote at such station, must be supplied, unless 
 the constables can be posted at the polling stations at 
 which they would vote in ordinary course. The list of 
 tendered votes list may conveniently be printed on 
 paper of the same colour as the tendered ballot papers. 
 The declarations of inability to read must be sent in 
 sufficient number for each particular polling station, and
 
 Polling Stations. 183 
 
 that number will be the estimated number of illiterate Chap. IX. 
 voters at that station. 
 
 C. — Notice of Poll. 
 
 The B.A. and the M.E.C.I.P.A., as adapted and 
 altered by the G.O., R.O., and U.O., are applied to the 
 election of guardians and district councillors by L.G.A. 
 s. 48, sub. 3. The provisions of the B.A. have in many 
 cases been materially altered by the above-named 
 orders from those which appear in the B.A. itself, and 
 are consequently cited, not from that Act, but from the 
 schedules to G.O. r. 25, R.O. r. 24, and U.O. r. 24. 
 
 It is enacted that rules framed under the L.G.A. by When Polls 
 the Local Government Board in relation to elections "^"^ ^^ taken 
 
 shall provide for the polls at elections held at the same 1 ' 
 
 date and in the same area being taken together, except Guardians, 
 where this is impracticable (L.G.A. s. 48, sub. 2 (v.)). 
 Accordingly, it is prescribed, with respect to elections of 
 guardians, that if any parish is co-extensive with an 
 urban district other than a borough, or with any ward 
 or wards of any such urban district, or is wholly 
 comprised in any such district which is not divided into 
 wards, or in any one ward of such a district which is 
 divided into wards, the poll for the election of guardians 
 for the parish and any poll for the election of urban 
 district councillors shall be taken together (G.O. r. 12, 
 par. i). If the county council shall be of opinion in 
 any other case that the polls for the election of guardians 
 and for the election of urban district councillors can 
 conveniently be taken together, they may give directions 
 accordingly to the returning officers for the two elections, 
 and the polls for such elections shall thereupon be taken 
 together {ib. par. 2). 
 
 It is also prescribed, with respect to elections of urban Urban 
 district councillors, that if the urban district or any district 
 ward or wards of the district is or are co-extensive with 
 a parish or united parishes or with any ward or wards 
 of a parish for the election of guardians, or if the district 
 is not divided into wards such district, or if it is divided 
 into wards any one ward of the district, includes the 
 whole of such parish, united parish, or ward of a parish, 
 the poll for the election of urban district councillors for 
 the district, and any poll for the election of guardians 
 for the parish, united parishes, or ward shall be taken
 
 1 84 Returning Officer s Preparations for the Poll. 
 
 CHAr. IX. 
 
 Day and 
 hours of poll 
 to be the same 
 for (I) 
 
 guardians and 
 urban district 
 councillors, 
 and (2) rural 
 district and 
 parish 
 councillors. 
 
 Notice of 
 Pou- 
 
 lts contents. 
 
 together (U.O. r. 12, par. i). If the county council shall 
 be of opinion, in any other case, that the polls for the 
 election of urban district councillors and for the election 
 of guardians can conveniently be taken together, the)' 
 may give directions accordingly to the returning officers 
 for the two elections, and the polls for such elections 
 shall thereupon be taken together ijb. par. 2). 
 
 It is further prescribed that in any urban district 
 other than a borough, the day of election of guardians 
 and of urban district councillors shall be the same (G.O. 
 r. 2, par. 2 ; U.O. r. 2, par. 2) ; and that the day of 
 election of rural district councillors in the parish and 
 the day of the poll for the election of any parish 
 councillors to be elected at the same date in the parish 
 shall be the same (R.O. r. 2, par. 2 ; P.O. r. 20, par. 3). 
 Again, it is prescribed that in any urban district, other 
 thao a borough, the hours during which any poll shall 
 be open for the election of guardians and urban district 
 councillors shall be the same (G.O. r. 11, par. 2 ; U.O. 
 r. II, par. 2 ; and see post, p. 185) ; and that the hours 
 during which any poll shall be open for the election of 
 rural district councillors and of any parish councillors 
 for the parish shall be the same (R.O. r. 12, par. 2 ; P.O. 
 r. 20, par. 2 ; and sqq post, p. 185). 
 
 If a poll has to be taken, the returning officer shall, 
 five clear days at least before the day fixed for the 
 same, give public notice thereof. The notice shall 
 specify — 
 
 {a.) the day and hours fixed for the poll ; 
 
 {b.) the number of guardians, or district councillors, 
 
 to be elected for the parish, ward, or district ; 
 (r.) the names, place of abode, and description of each 
 candidate for the parish, or district, whom he 
 has decided to be nominated by a valid nomina- 
 tion paper, and who has not withdrawn his 
 candidature ; 
 {d.) the names of the proposer and seconder who 
 signed the nomination paper of each candidate ; 
 {e.) a description of the polling districts, if any ; and 
 (/.) the situation and allotment of the polling places, 
 and the description of the persons entitled to 
 vote thereat, and at the several polling stations 
 (G.O. r. 16, par. i ; r. 31, par. i ; r. 32, par. i ; 
 R.O. r. 15, par. i ; r. 30, par. i ; r. 31, par. i ; 
 U.O. r. 15, par. i ; r, 29, par. i).
 
 Notice of Poll. ' 185 
 
 The expression " five clear days at least " means that Cn.vp. IX. 
 at least five days shall intervene between the da>' of 
 giving the notice and the day fixed for the poll, and that 
 both of these days shall be excluded in computing the 
 five days (see Re Raihvay Sleepers Supply Co., 29 Ch. D. 
 204 ; Chambers v. Smith, 12 M. & W. 2). As to what 
 constitutes "public notice," see ante, p. lOO. 
 s With regard to the contents of the notice — 
 
 (a) The poll, if any, shall in the year 1894 be held on Day of poll, 
 the day of election as fixed by or under G.O. r. 2 ; R.O. 
 n 2, U.O. r. 2 (G.O. r. 11, par. i ; R.O. r. 12, par. i ; 
 U.O. r. II, par. i) as to which, see ante, p. 95. 
 
 The hours during which the poll shall be open shall Hours of poll. 
 be such as shall be fixed by the county council by any 
 general or special order, so, however, that the poll shall 
 always be open between the hours of six and eight in the 
 evening (G.O. r. 11, par. i ; R.O. r. 12, par. i; U.O. 
 r. II, par. i). The county council must therefore fix 
 these hours in sufficient time to enable the notice of poll 
 to be duly given. In any urban district, other than a 
 borough, the hours during which any poll shall be open 
 for the election of guardians and urban district coun- 
 cillors shall be the same (G.O. r. 11, par. 2 ; U.O. r. 11, 
 par. 2) ; and the hours during which any poll shall be 
 open for the election of rural district councillors and of 
 any parish councillors for the parish shall be the same 
 {R.O. r. 12, par. 2 ; P.O. r. 20, par. 3). 
 
 {b) The number of guardians or district councillors to Number to be 
 be elected will depend upon whether the election is held elected. 
 for an undivided parish or district, or for one divided 
 into wards. 
 
 (^.) The names, etc., of each candidate will be taken Names, etc., 
 from the valid nomination paper of each candidate who ^J^^'^jJ^^^ 
 has not withdrawn his candidature. Where" a candidate ^'''"'^ ''' 
 has been nominated by several nomination papers, his 
 name, etc., must be taken from the first of his nomina- 
 tion papers which the returning officer has decided to be 
 valid, and which has become tJie nomination of that 
 candidate (see ante, p. 118). 
 
 {d) The names of each candidate's proposer and Names of pro- 
 seconder will be taken from the nomination of each po^er arid 
 
 ,. , seconder. 
 
 ■candidate, 
 
 (^.) The description of the polling districts should, as far Description of 
 as possible, set out the name and boundaries of each polling dis- 
 poning district into which the parish or district has been ^"'^ ^'
 
 1 86 Returning Officer s Preparations for the Poll. 
 
 Chap. IX. divided, and be in accordance with the Hsts of parochial 
 
 electors made out therefor (see ante, p. 170). 
 
 Situation, (/.) The situation, etc., of the polling places, the 
 
 etc.. of description of the persons entitled to vote thereat and 
 
 polling places, ^ ^-^ poIlincT stations, will follow the determination of 
 
 stations, etc, ^ . -^ „ ^ ^ • / \ ^ 
 
 the returning officer on the subject (see ante, p. 172), and 
 it is sometimes convenient to give this information in a 
 tabular form, thus : — 
 
 Form in 
 election of 
 suardians. 
 
 Name of 
 polling place. 
 
 e-, ,• 1 ! Description of the 
 Situa ion and .^^^^^ ^^^.^^^^^ ^^ 
 
 allotment. vote thereat. 
 
 Tolling station 
 
 at which to 
 
 vote. 
 
 
 
 
 
 The notice of poll in an election of guardians shall be 
 in the form No. 4 in G.O. sch. I., or in a form to the like 
 effect (G.O. r. 16, par. 2) ; but if polls are to be taken 
 together in the parish as to election of both guardians 
 and urban district councillors, the returning officer may, 
 if he thinks fit, give one notice only for both polls, and 
 such notice shall be in the form No. 5 in G.O. sch. I., or 
 in a form to the like effect {ib. r. 16, par. 3 ; U.O. r. 15, 
 par. 3). The name and address of the printer and pub- 
 lisher must appear on the face of the notice (M. E.C.I. P.A. 
 s. 14), No misnomer or inaccurate description of any 
 person or place named in the notice shall hinder the full 
 operation of such notice with respect to that person or 
 place, provided the description of that person or place is 
 such as to be commonly understood (G.O. r. 34 ; R.O. 
 r. 34; U.O. r. 32); as to what is "commonly under- 
 stood," see ante, p. 100. 
 
 The following is form No. 4 : — 
 
 Union, 
 
 Election of Guardians 
 
 Parish of [or 
 
 for the above Union in the year 1894. 
 Ward of the Parish of , or United 
 
 Parishes of 
 
 ]• 
 
 Notice is hereby given- 
 
 1, That a Poll for the election of Guardians for the above-named Parish 
 \or Ward or United Parishes] will be held on the day of 
 
 December, 1894, between the hours of and
 
 Notice of Poll. 
 
 187 
 
 2. That the number of Guardians to be elected for the Parish \or Ward 
 
 or United Parishes] is . 
 
 3. That tlie names in alphabetical order, places of abode, and descrip- 
 
 tions of the Candidates for election, and the names of their respec- 
 tive Proposers and Seconders are as follows : — 
 
 ClIAP. IX. 
 
 Names of 
 
 Candidate 
 
 (Surname 
 
 first).* 
 
 Place of 
 Abode. 
 
 Names of 
 
 Description. Proposer 
 ^ (Surname 
 first). 
 
 Names of 
 
 Seconder 
 
 (Surname 
 
 first). 
 
 
 
 
 
 
 4t — (i.) That each elector must vote in the Polling District in which 
 the property in respect of which he votes is situate, and if it is 
 situate in more than one Polling District he may vote in any one 
 (but in one only) of such Polling Districts. 
 
 (2.) The Polling Districts are as follows : — 
 
 5. J The situation and allotment of the Polling Places and the description 
 of the persons entitled to vote thereat and at the several Polling 
 Stations are as follows : — 
 
 6. The poll will be taken by ballot, and the colour of the ordinary 
 ballot paper used in the election will be {insert colour). 
 
 Dated this day of December, 1894. 
 
 Returning Officer or 
 Deputy Returning Officer. 
 
 Office for purpose of election. 
 
 The following is form No. 5 : — 
 
 * Insert parti- 
 culars as to 
 each Candi- 
 date for the 
 Parish or 
 Ward or 
 United 
 Parishes 
 whose nomi- 
 nation is 
 valid, and 
 who has not 
 withdrawn his 
 candidature, 
 
 t If the Parish 
 or Ward or 
 United 
 Parishes are 
 not divided 
 into Polling 
 Districts for 
 the purposes 
 of the Elec- 
 tion, para- 
 graph 4 should 
 be omitted. 
 
 X If only one 
 Polling Place 
 or Station, 
 adapt form 
 accordingly. 
 
 Election of Urban District Councillors and Guardians for the 
 
 Urban District of \or for the Ward of the Urban 
 
 District of ], and for the Parish of [('/■ for the 
 
 Ward of the Parish of , or for the United Parishes of ] 
 
 in the year 1894. 
 
 Notice is hereby given — 
 
 , That polls for the election of Urban District Councillors and of 
 
 Guardians for the above-named District \or Ward] and Parish \or 
 
 Ward or United Parishes] will be held on the day of 
 
 December, 1894, between the hours of and 
 
 That the number of Urban District Councillors to be elected for the 
 
 District \or Ward] is 
 That the number of Guardians to be elected for the Parish \or W^ard 
 or United Parishes] is .
 
 1 88 Returning Officer s Preparations for the Poll. 
 
 Chap. IX. 4- That the names in alphabetical order, places of abode, and descrip- 
 tions of the Candidates for election, and the names of their respec- 
 tive Proposers and Seconders are as follows : — 
 
 As Urban District Councillors. 
 
 Names of 
 
 Candidate 
 
 (Surname 
 
 first). 
 
 Place of 
 Abode. 
 
 Description. 
 
 Names of 
 
 Proposer 
 
 (Surname 
 
 first). 
 
 Names of 
 
 Seconder 
 
 (Surname 
 
 first). 
 
 
 
 
 • 
 
 
 As Guardians. 
 
 Names of 
 
 Candidate 
 
 (Surname 
 
 first). 
 
 Place of 
 Abode. 
 
 Description. 
 
 Names of 
 
 Proposer 
 
 (Surname 
 
 first). 
 
 Names of 
 
 Seconder 
 
 (Surname 
 
 first). 
 
 
 
 
 
 
 * If the Dis- 
 trict, Parish, 
 or Ward, o>- 
 United 
 Parishes are 
 not divided 
 into Polling 
 Districts for 
 the purposes 
 of the Elec- 
 tion, para- 
 graph 5 should 
 be omitted. 
 
 t If only on 
 Polling Place 
 or Station, 
 adapt form 
 accordingly. 
 
 *5.— (I.) That each elector must vote in the Polling District in which 
 the property in respect of which he votes is situate, and if it is 
 situate in more than one Polling District he may vote in any one 
 (but in one only) of such Polling Districts. 
 
 (2.) The Polling Districts are as follows : — 
 
 t6. The situation and allotment of the Polling Places and the descrifi- 
 tion of the persons entitled to vote thereat and at the several Polling 
 Stations are as follows : — 
 
 7. The poll will be taken by ballot, and the colour of the ordinary 
 ballot paper used in the election of Urban District Councillors will 
 be [insert colour], and in the election of Guardians will be [insert 
 colour]. 
 
 Dated this day of December, 1894. 
 
 Returning Olificer 
 for the election of Urban District Councillors, and 
 Deputy Returning Officer for the election of Guardians. 
 
 Off-ce for purpose of election.
 
 Notice of Poll. 
 
 189 
 
 The notice of poll in an election of urban district Ciiai\ ix. 
 councillors shall be in the form No. 4 in U.O. sch. I., or p-^^,"" 
 in a form to the like effect (U.O. r. 15, par. 2); but ifeiccaonof 
 polls are to be taken together in the district as to the urban district 
 election of both urban district councillors and guardians, councillors. 
 the returning officer may, if he thinks fit, give one notice 
 only for both polls, and such notice shall be in the form 
 No. 5 in U.O. sch. I., or in a form to the like effect 
 {ib. par. 3 ; G.O. r. 16, par. 3). The same provisions as 
 to the name, etc., of the printer and publisher, and as to 
 misnomer and inaccurate description, apply as in the 
 case of guardians (see ante, p. 186). 
 
 The following is the above-mentioned form No. 4 : — 
 
 Urban District of 
 
 Election of Urban District Councillors for the above 
 
 District \or for the Ward of the above District]. 
 
 Notice is hereby given — 
 
 1. That a Poll for the election of Urban District Councillors for the 
 
 above-named District \pr Ward] will be held on the day of 
 
 December, 1894, between the hours of and 
 
 2. That the number of Urban District Councillors to be elected for the 
 
 District \pr Ward] is 
 
 3. That the names in alphabetical order, places of abode, and descriptions 
 
 of the Candidates for election, and the names of their respective *ii^sert par- 
 Proposers and Seconders are as follows : — ticulars as to 
 
 each Candi- 
 date for the 
 District or 
 Ward whose 
 nomination is 
 valid, and who 
 has not with- 
 drawn his 
 candidature. 
 
 t If the Dis- 
 trict or Ward 
 is not divided 
 into Polling- 
 Districts for 
 the purposes 
 
 4.t— (I.) That each elector must vote in the Polling District in which °^ ^^^^ ^'*^^^^°"» 
 the property in respect of which he votes is situate, and if it is ^•^'^^f^^iP ^ 
 situate in more than one Polling District he may vote in any one ^ ^^ , ^ 
 (but in one only) of such Polling Districts. omitted. 
 
 / > rr., -r, ,,- T^ • • r , , t If ottly onc 
 
 (2.) The Polling Districts are as follows : — Pollin" Place 
 
 5.J The situation and allotment of the Polling Places and the description or Station, 
 of the persons entitled to vote thereat and at the several Polling adapt form 
 Stations are as follows :— accordingly. 
 
 Names of 
 
 Candidate 
 
 (Surname 
 
 first).* 
 
 Place of 
 Abode. 
 
 Description. 
 
 Names of 
 
 Proposer 
 
 (Surname 
 
 first). 
 
 Names of 
 
 Seconder 
 
 (Surname 
 
 first). 
 
 
 
 

 
 1 90 Returning Officer s Preparations for tJie Poll. 
 
 . Chap. IX. 6. The poll will Ije taken by ballot, and the colour of the ordinary ballot 
 paper used in the election will be {insert colouj-). 
 
 Dated this day of December, 1894. 
 
 Returnina: Officer. 
 
 Office for the purpose of election. 
 
 Form in 
 election of 
 rural district 
 councillors. 
 
 Form No. 5 in U.O. sch. I. is the same as form No. 5 
 in G.O. sch. I., which see ante, p. 187. 
 
 The notice of poll in an election of rural district 
 councillors shall be in the form No. 4 in R.O. sch. I., or 
 in a form to the like effect (R.O. r. 15, par. 2) ; but if 
 polls are to be taken in the parish as to the election of 
 both rural district councillors and parish councillors, the 
 returning officer may, if he thinks fit, give one notice 
 only for both polls, and such notice shall be in the form 
 No. 5 in R.O. sch. I., or in a form to the like effect 
 (//;. par. 3 ; P.O. r. 25, par. 3). The same provisions as 
 to the name, etc., of the printer and publisher, and as to 
 misnomer and inaccurate description, apply as in the 
 case of guardians (see atite, p. 186). 
 
 The following is the above-mentioned form No. 4 : — 
 
 for the above District in 
 
 or United 
 
 * Insert par- 
 ticulars as to 
 each Candi- 
 date for the 
 Parish or 
 Ward or 
 United 
 Parishes 
 whose nomin- 
 ation is valid, 
 and who has 
 not with- 
 drawn his 
 candidature. 
 
 Rural District of 
 
 Election of Rural District Councillors 
 
 the year 1S94. 
 Parish of [or Ward of the Parish of 
 
 Parishes of ]. 
 
 Notice is hereby given — 
 
 , That a Poll for the election of Rural District Councillors for the 
 above-named Parish [or Ward or United Parishes] will be held on 
 the day of December, 1894, between the hours of 
 
 and 
 
 , That the number of Rural District Councillors to be elected for the 
 Parish [or Ward or United Parishes] is 
 
 . That the names in alphabetical order, places of abode, and descriptions 
 of the Candidates for election, and the names of their respective 
 Proposers and Seconders are as follows : — 
 
 Names of 
 
 Candidate 
 
 (Surname 
 
 first).* 
 
 Place of 
 Abode. 
 
 Description. 
 
 Names of 
 
 Proposer 
 
 (Surname 
 
 first). 
 
 Names of 
 
 Seconder 
 
 (Surname 
 
 first). 
 
 
 
 

 
 Notice of Poll. 
 
 191 
 
 4.* — (i.) That each elector must vote in the Polling District in which 
 lire property in respect of which he votes is situate, and if it is 
 situate in more than one Polling District he may vote in any one 
 (but in one only) of such Polling Districts. 
 
 (2.) The Polling Districts are as follows : — 
 
 5.t The situation and allotment of the Polling Places and the description 
 of the persons entitled to vote thereat and at the several Polling 
 Stations are as follows : — 
 
 6. The poll will be taken by ballot, and the colour of the ordinary ballot 
 paper used in the election will be {insert colour). 
 
 Dated this day of December, 1894. 
 
 Returning Officer. 
 
 Office for purpose of election. 
 
 Chap. IX. 
 
 * If the 
 Parisli, or 
 Ward, or 
 United 
 Parishes arc 
 not divided 
 into Polling 
 Districts for 
 the purposes 
 of the Elec- 
 tion, para- 
 graph 4 should 
 be omitted. 
 
 t If only one 
 Polling Place 
 or Station, 
 adapt form 
 accordingly. 
 
 The following is the above-mentioned form No. 5 :- 
 
 Election of Parish and Rural District Councillors 
 of \pr for the Ward of the Parish of 
 
 1894. 
 
 Notice is hereby given — 
 
 for the Parish 
 ] in the year 
 
 1. That polls for the election of Parish and Rural District Councillors 
 
 for the above-named Parish \or Ward] will be held on the 
 
 day of December, 1S94, between the hours of 
 and 
 
 2. That the number of Parish Councillors to be elected for the Parish \or 
 
 Ward] is 
 
 3. That the number of Rural District Councillors to be elected for the 
 
 Parish \pr Ward] is 
 
 4. That the names in alphabetical order, places of abode, and descriptions 
 
 of the Candidates for election, and the names of their respective 
 Proposers and Seconders are as follows : — 
 
 As Parish Councillors. 
 
 Names of 
 
 Candidate 
 
 (Surname 
 
 first).* 
 
 Place of 
 Abode. 
 
 Description. 
 
 Names of 
 
 Proposer 
 
 (Surname 
 
 first). 
 
 Names of 
 
 Seconder 
 
 (Surname 
 
 first). 
 
 
 
 
 
 
 Insert par- 
 ticulars as to 
 each Candi- 
 date whose 
 name was put 
 to the Parish 
 Meeting, and 
 who has not 
 withdrawn his 
 candidature.
 
 192 Returning Officer s Preparations for the Poll. 
 Chap. IX. ^s Rural District Couxcillor[s]. 
 
 Names of 
 Candidate 
 (Surname 
 
 first). 
 
 Place of 
 
 Abode. 
 
 Description. 
 
 Names of 
 
 Proposer 
 
 (Surname 
 
 first). 
 
 Names of 
 
 Seconder 
 
 (Surname 
 
 first). 
 
 
 
 
 
 
 * If the Pavisli 
 or Ward is not 
 divided into 
 Polling Dis- 
 tricts lor the 
 purposes of 
 the election, 
 paragraph 5 
 should be 
 omitted. 
 
 t If only one 
 Polling Place 
 or Station, 
 adapt form 
 accordingly. 
 
 5.* — (I.) That each elector must vote in the Polling District in which 
 the property in respect of which he votes is situate, and if it is situate 
 in more than one Polling District he may vote in any one (but in one 
 only) of such Polling Districts. 
 
 (2.) The Polling Districts are as follows : — 
 6.t The situation and allotment of the Polling Places and the description 
 of the persons entitled to vote thereat and at the several Polling 
 Stations are as follows :— 
 7. The poll will be taken by ballot, and the colour of the ordinary 
 ballot paper used in the election of Parish Councillors will be \msert 
 colour'], and in the election of Rural District Councillors will be 
 {insert co/oi/r]. 
 
 Dated this day of December, 1894. 
 
 Returning Officer. 
 [S/afe Office for purpose of election .I
 
 ( 193 ) 
 
 CHAPTER X. Chap. X. 
 
 CANDIDATE'S PREPARATIONS FOR THE POLL. 
 
 A.— CLERKS, MESSENGERS, AND AGENTS. 
 
 No Election Agent . 
 
 195 
 
 No limit on expenses . 
 
 195 
 
 No return or declaration 
 
 195 
 
 Volunteers 
 
 195 
 
 Clerks and Messengers 
 
 195 
 
 Statutory enactment . 
 
 195 
 
 Ntimber . 
 
 196 
 
 Qualification 
 
 197 
 
 Appointment . ' . 
 
 197 
 
 Declaration of secrecy . 
 
 197 
 
 Duties 
 
 199 
 
 Cannot vote, if paid . 
 
 199 
 
 Polling Agenis 
 
 199 
 
 Origin and status 
 
 199 
 
 Qualification 
 
 199 
 
 Appointment, how and luhei 
 
 
 made 
 
 200 
 
 Form 
 
 200 
 
 Declaration of secrecy 
 
 200 
 
 Polling Aq-e^ts— continued. 
 
 
 Nutnber . . . . 
 
 200 
 
 Duties 
 
 
 201 
 
 Cannot vote, if paid 
 
 
 201 
 
 Remuneration 
 
 
 201 
 
 Liabilities . 
 
 
 202 
 
 Death or incapacity 
 
 
 202 
 
 Counting Agents 
 
 
 202 
 
 Qualification 
 
 
 202 
 
 Appointment 
 
 
 202 
 
 Hoii' and when made 
 
 202 
 
 Notice to returning officer 
 
 202 
 
 Form . 
 
 203 
 
 Declaration of sjcrecy 
 
 203 
 
 Number . 
 
 203 
 
 Duties 
 
 
 203 
 
 Cannot vote, if paid 
 
 
 204 
 
 Remuneration 
 
 
 204 
 
 Liabilities . 
 
 
 204 
 
 Death or incapacity 
 
 
 204 
 
 B.— COMMITTEES AND CANVASSING. 
 
 Committees . . . 204 
 Definition .... 204 
 Number and selection of com- 
 mittee .... 205 
 Illegal cotnmittees . . 205 
 
 Committee Rooms . • 20b 
 Definition . . . 206 
 
 Places prohibited as com- 
 mittee rooms . . 206 
 Clubs . . . .206 
 Licensed pre7niscs . . 207 
 Public elementaiy schools may 
 
 be used .... 207 
 LTiring of prohibited places . 208 
 Number of committee rooms . 208 
 Payment .... 208 
 Hiring . . . .209 
 
 Form of agreement . . 209 
 
 Committee Rooms — continued. 
 Rooms lent gratutiously . 209 
 Situation of rooms . . 209 
 
 Use of rooms . . .210 
 
 Canvassing AND Canvassers 211 
 Definitions . . .211 
 
 Unpaid volunteer canvassers 21 1 
 Risks of a volunteer canvass 211 
 Precautions to be observed . 211 
 Register, where obtainable . 2X2 
 Canvass book . . .212 
 
 Canvasser'' s other requisites . 215 
 Expenses of canvass . .215 
 
 Dangerous practices in can- 
 vassing . . . . 2l6 
 Canvassing by post . .216 
 J "oters's polling card . .217 
 Form . . . .217 
 O
 
 194 Candidate s Preparations for the Poll. 
 
 Chap. X. C— ELECTION MEETINGS, PRINTING AND ADVERTISING. 
 
 TAGF, 
 
 Election Meetixos . .218 
 Places prohibited from use for 
 
 meetings . . .218 
 
 PF/ieit is a7i election meeting 218 
 Places permitted for use for 
 
 meetings . . .219 
 
 Licensed premises in rural 
 
 parishes . . .219 
 
 Chnrches, chapels and ves- 
 try rooms . . .219 
 Letting does not disqualify 
 
 elector .... 220 
 Bands of music, torches, flags, 
 
 banners, etc. . . 220 
 
 Cockades . . .221 
 
 Banners . . .221 
 
 Chairman and his functions 222 
 
 Expulsion of disturbers . 222 
 
 Strwards and persons to 
 
 tzeep order . . . 223 
 
 Lecturers and speakers , 223 
 
 Employment for payment . 223 
 
 Travelling expenses of 
 
 volunteer lecturers aiul 
 
 speakers . . . 223 
 
 Speeches .... 224 
 
 Licence in speecli . . .224 
 
 Fair and bona fide comment iza^ 
 
 Slandero7is speeches . . 225 
 
 Blasphemous words . . 225 
 
 Speech es — continued. 
 
 Seditious words . . .226 
 
 Words amounting to contempt 
 of court .... 226 
 
 Reports .... 227 
 
 Newspaper reports of public 
 meetings. 
 
 Libellous comments 
 
 Imputations of corrupt con- 
 duct .... 
 
 Ne-ivsvendor of libellous news- 
 papers . 
 
 Printing and Advertising 228 
 Name, etc., of printer, etc., 
 
 must appear on bills, etc. . 229 
 Payment for exhibiting bills, 
 etc. 
 ^^ Satidwichine/i." and bill 
 distributors . 
 What is an ' ' address, bill, or 
 notice,^'' and a '■'■bill, placard 
 or poster" 
 What documents may usefully 
 
 he advertised . . .231 
 
 Peturn of undelivered circulars 231 
 Gratuito7is circulation of 
 
 newspapers . . .232 
 
 And of gejieral political 
 literature . . . 232 
 
 227 
 227 
 
 228 
 
 228 
 
 229 
 230 
 
 230 
 
 D.— CONVEYANCE OF VOTERS TO THE POLL. 
 
 Statutory Enactments . 
 Illegal hiring 
 Illegal practice . 
 
 difference bettveen tlie two 
 
 sections and offences 
 
 Voters may be cojiveyed in 
 
 borrowed conveyances 
 
 Exemption from licence 
 
 ditty .... 
 
 234 
 235 
 
 Statutory Enactments — 
 
 continued. 
 Electors may pay for their 
 
 0W71 co7iveya7ice . -235 
 
 Relief for 7nadve7-te7it offence. 236 
 Prohibited voters should not 
 
 be bro7tght 7tp . . . 236 
 
 Fetchers ca7i7iot be paid . 236 
 
 A.— Clerks, Messengers, and Agents. 
 
 The B.A. and the M.E.C.I.P.A., as adapted and 
 altered by the G.O., R.O., and U.O., are applied to the 
 election of guardians and district councillors by L.G.A. 
 s. 48, sub. 3. The provisions of the B.A. have in many 
 cases been materially altered by the above-named orders 
 from those which appear in the B.A. itself, and are
 
 Clerks, Messengers, and Agents. 195 
 
 consequently cited, not from that Act, but from the Chap. X. 
 schedules to G.O. rr. 25, 27, R.O. rr. 24, 26, and U.O. 
 rr. 24, 26. 
 
 There is no election agent at an election of guardians No Election 
 or district councillors as there is at a parliamentary ^'''^'^'" 
 election, and whatever, therefore, would be done by an 
 election agent at a parliamentary election, must, at an 
 election of guardians or district councillors, be under- 
 taken, if at all, by the candidate or some unpaid friend. 
 There is no limit on the election expenses (M.E.C.I.P.A. No limit on 
 s. 37 ; L.G.A. s. 48, sub. 3 (/;) ), as there is at a parlia- <-'-^P*^"ses. 
 mentary and at a municipal election, and at an election 
 of county councillors. And there is no limit of time 
 within which claims for election expenses must be sent 
 in or paid ; nor has anv return or declaration of election No return or 
 expenses to be filed {ib). declaration. 
 
 The candidate may, of course, avail himself of the Volunteers. 
 assistance of as many unpaid volunteers as he pleases 
 and can obtain ; but the only assistants he can engage 
 or employ for payment for the purpose of promoting or 
 procuring his election are the clerks, messengers and 
 agents hereinafter mentioned. 
 
 By the M.E.C.I.P.A., as adapted and applied to the ^^^^l^^^^ 
 election of guardians and district councillors, it is enacted ^ ' 
 that no person shall, for the purpose of promoting or statutory 
 procuring the election of a candidate at an election of enactment, 
 guardians or district councillors, be engaged or employed 
 for payment or promise of payment for any purpose or 
 in any capacity whatever, except as follows (that is to 
 say) :— 
 
 {a.) A number of persons may be employed, not 
 exceeding two for a parish, or united parishes, 
 urban district, or ward, and if the number of 
 electors in such parish, united parishes, district, 
 or ward exceeds 2000, one additional person may 
 be employed for every thousand electors and in- 
 complete part of a thousand electors over and 
 above the said 2000, and such persons may be 
 employed as clerks and messengers, or in either 
 capacity ; and 
 (/;.) If there are only two candidates, each of them 
 may appoint a polling agent for each polling 
 station. If there are more than tw^o candidates, 
 any number of them, being not less than one- 
 third of the whole number of. candidates, may 
 
 O 2
 
 196 Candidates Preparatio7ts for tJic Poll. 
 
 Chap. X. appoint one polling agent for each polling 
 
 station. 
 
 Provided that this section shall not apply to any 
 engagement or employment for carrying into effect a 
 contract bond fide made with any person in the ordinary 
 course of business (M.E.C.I.P.A. s. 13, sub. i ; G.O. r. 27, 
 par. 4; R.O. r. 26, par. 4; U.O. r. 26, par. 4). This 
 proviso apparently protects any legitimate contract for 
 printing, etc., or other work done in the ordinary course 
 of business, but does not enlarge the power of obtaining 
 additional clerical or messenger assistance or work. 
 
 It is also enacted that, subject to such exception as 
 may be allowed in pursuance of this Act {i.e. subject to 
 such relief as may be given under s. 20, see post, p. 330), 
 if any person is engaged or employed in contravention 
 of the last quoted sub-section, either before, during, or 
 after an election, the person engaging or employing him 
 shall be guilty of illegal employment, and the person so 
 engaged or employed shall also be guilty of illegal 
 employment, if he knew that he was engaged or em- 
 ployed in contravention of this Act (M.E.C.I.P.A. s. 13, 
 sub. 2). And if the illegal employment be by the can- 
 didate or with his knowledge and consent, his election is 
 avoided {ib. s. 17, sub. 2 ; s. 8, sub. 2). 
 Nu.nber. For the purpose of calculating the number of clerks 
 
 and messengers that may be employed, the number of 
 electors shall be taken according to the enumeration 
 of the electors in the register of parochial electors 
 (M.E.C.I.P.A. s. 34 ; G.O. r. 27, par. 7 ; U.O. r. 26, par. 6), 
 and consequently no deductions need be made for out- 
 voters, deaths, or the like. 
 
 The number of clerks and messengers that may be 
 engaged or employed for payment or promise of pay- 
 ment is thus dependent on the number of electors, and 
 is as follows : — 
 
 I to 2000 electors, two clerks and messengers. 
 2001 to 3000 „ three „ „ 
 
 3001 to 4000 „ four „ „ 
 
 and so on, adding one more clerk or messenger for each 
 additional one thousand or incomplete part of one 
 thousand electors. 
 
 The candidate may also, it seems, accept the services 
 of clerks and messengers lent by their employers, and 
 whose wages or salaries are paid by such employers (sec
 
 Clerks, messengers, and Agents. 197 
 
 Buekrose, 4 O'M. & II. 116) ; and it has been held that Chap. X. 
 the employment by a rcg-istration agent of clerks to 
 assist him in the preparation of canvass books, polling 
 district books, wall sheets of voters' names, and directed 
 envelopes, all of which the registration agent had con- 
 tracted to supply to the candidate's agent, is not an 
 illegal employment, or an offence against the Act 
 {Ipszuie/i, 54 L. T. 625). 
 
 Any person, whether an elector or not, may be ap- Qualification, 
 pointed a clerk or messenger (M. E.G. I. P. A. s. 13, sub. 3), 
 provided he be not the returning officer, any officer 
 appointed by the returning officer, nor any partner or 
 clerk of any such officer (B.A, s. 11). 
 
 Clerks and messengers, whether paid or unpaid, must Appointment. 
 be appointed by the candidate, or by some agent of his 
 thereunto lawfully authorized. The appointment need 
 not be in writing, and should determine either at pleasure, 
 or with the close of the poll, or counting of the votes, 
 according to the nature of the services the clerk or mes- 
 senger is expected to render. 
 
 If employed or authorized to attend at a polling Declaration of 
 station, or at the counting of the votes, clerks and mes- secrecy. 
 sengers, whether paid or unpaid, must at some time 
 before the opening of the poll, make the statutory decla- 
 ration of secrecy (B.A. r. 54), and if so employed are 
 bound to maintain and aid in maintaining the secrecy of 
 the voting (B.A. s. 4). The form of declaration is given 
 in B.A. sch. XL, and in an election of guardians is as 
 follows : — 
 
 I solemnly promise and declare, that I will not at this election 
 of guardians for the parish of [c;/- united parishes of o?- 
 
 ward of the parish of ] do anything forbidden by 
 
 section four of the Ballot Act, 1S72, which has been read to me. 
 
 In an election of rural district councillors the declara- 
 tion is as follows : — 
 
 I solemnly promise and declare, that I will not at this election 
 of rural district councillors for the parish of [or united parishes 
 
 of , or ward of the parish of ], do anything for- 
 
 bidden by section four of the Uallot Act, 1S72, which has been 
 read to me. 
 
 In an election of urban district councillors the declara- 
 tion is as follows : — 
 
 I solemnly promise and declare, that I will not at this election 
 of urban district councillors for the urban district of [or 
 
 ward of the urban district of ], do anything forbidden by 
 
 section four of the Ballot Act, 1872, which has been read to me.
 
 1 98 Candidate s Preparations for the Poll. 
 
 Chap. X. This declaration is invariably made in writing (as to 
 what "writing" includes, see ante, p. 91), and sub- 
 scribed by the declarant. The declaration may be made 
 in the presence of, and be taken and received by, the 
 returning officer or any justice of the peace (B.A. s. 10 ; 
 r. 54). Section 4 of the B.A. referred to in the declara- 
 tion must be read to the declarant by the returning 
 officer or justice of the peace taking the declaration 
 (B.A. sch. II., note to the form). This section (B.A. s. 4) 
 enacts that a polling agent in attendance at a polling 
 station shall- — • 
 
 [a.) Maintain and aid in maintaining the secrecy of 
 the voting in such polling station. 
 And that he shall not — 
 
 {b) Communicate, except for some purpose authorized 
 by law, before the poll is closed, to any person, 
 any information as to the name or number on 
 the register of parochial electors of any elector 
 who has or has not applied for a ballot paper 
 or voted at that polling station, or as to the 
 official mark, 
 (r.) Interfere with, or attempt to interfere with, a voter 
 
 when marking his vote. 
 {d.) Attempt to obtain in the polling station informa- 
 tion as to the candidate for whom any voter in 
 such station is about to vote or has voted. 
 {e.) Communicate at any time to any person any in- 
 formation 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. 
 (/".) 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 (B.x^. s. 4). 
 This enactment is plainly pointed not only to secrecy 
 as to the way in which an elector has voted (secrecy as 
 to that has to be maintained for ever), but it requires 
 secrecy until the poll is closed as to the names not only 
 of those who have voted, but of those who have not 
 offered to vote {Clcnientson v. Mason, L. R. 10 C. P. 209, 
 213). But it is not an offence merely to obtain infor- 
 mation as to the name, number, etc., of any voter who
 
 Clerks, Messengers, and Agents. 199 
 
 has or has not applied for a ballot paper or voted, so chap. X. 
 long as such information is not communicated, before 
 the poll has closed, to any person for any purpose not 
 authorized by law {Stannanonglit v. Hazeldine, 4 C. P. D. 
 191, 196). Every person who acts in contravention of 
 this enactment shall be liable, on summary conviction, 
 to imprisonment for any term not exceeding six 
 months with or without hard labour (B.A. s. 4 ; and as 
 to the prosecution for this offence, see Election Agent, 
 
 P- 475). 
 
 The duties of the paid clerks and messengers appar- Duties. 
 
 ently need not extend to the distributing of addresses 
 
 and notices ; the occasional employment and payment 
 
 of additional persons for these special purposes is, it 
 
 would seem, legal (M.E.C.LP.A. s. 13, sub. i ; and see 
 
 Stepney, 4 O'M. & H. 52). 
 
 Detectives, if engaged or employed primarily as clerks 
 or messengers, may, it seems, be engaged or employed 
 for payment, but it should be clearly understood that 
 their detective duties are not the chief part of their 
 business, but are subordinate to the latter. It is also 
 clear that, if engaged or employed for payment, they 
 must not exceed in number the maximum number 
 of clerks and messengers allowed to be so engaged 
 or employed. As to detective committees, see post, 
 p. 205. 
 
 A paid clerk or messenger, if an elector, cannot vote Cannot vote, 
 (M.E.C.LP.A. s. 13, sub. 3). , if P^^id. 
 
 The polling agent is an officer first constituted by the Polling 
 
 Registration Act, 1843, and whose principal function is ' '_ 
 
 to detect personation in the polling station (see 6 %i ^ Origin ami 
 Vict. c. 18, s. 85). Personation is the application for a status, 
 ballot paper in the name of some other person, or the 
 application in the applicant's own name, if the applicant 
 has already voted at the same election (M.E.C.LP.A. 
 s. 2, sub. i). The aiding, abetting, counselling, or pro- 
 curing the commission of personation is also persona- 
 tion {ib^. The offence must be knowingly and wilfully 
 committed, and with a corrupt mind and intention ; an 
 innocent or bond fide, though erroneous, application for 
 a ballot paper is not personation (see Election Agent, 
 
 p. 434)- 
 
 Any competent person, whether an elector or not, (Hiallfication. 
 
 may be appointed as polling agent (M.E.C.LP.A. s. 13, 
 
 sub. 3), provided he be not the returning officer, any
 
 200 Candidate s Preparations for tlie Poll. 
 
 Chap. X. officer appointed by the returning officer, nor any partner 
 
 or clerk of any such officer (B.A. s. ii). As the duties 
 
 of the polling agent demand tact, judgment, and dis- 
 cretion, it is obvious that it is only persons endowed 
 with these qualities that can be deemed competent to 
 perform these duties, and considerable care should 
 therefore be taken in the selection of persons to be 
 appointed polling agents. A familiarity with the ap- 
 pearance of the voters in the polling district is very 
 desirable. 
 Appointment The appointment must be in writing, and must be 
 how and when (delivered at the office of the returning officer not less 
 ^^ ^' than two clear days before the day of the poll (G.O. 
 
 r. 19 ; R.O. r. 18 ; U.O. r. 18) ; as to how clear days 
 are calculated (see ante, p. 185). The polling agent may, 
 it is submitted, be appointed to attend " at each or any" 
 of the polling stations (see 6 %i 'j Vict. c. 18, s. 85) ; but 
 if a polling agent be appointed to any particular station 
 or stations, he can attend only at the station or stations 
 to which he has been so appointed (see ib). If the 
 appointment be not delivered as above prescribed, the 
 returning officer may refuse to admit the polling agent 
 to the polling station (see ib). An agreement between 
 candidates not to employ polling agents will not be 
 enforced by injunction {Aijisiuorth v. Lord Mnncaster, 
 2 Times L. R. 108). 
 Form. The following is a form of appointment : — 
 
 Union of. 
 
 I'arish of [or ^\'ar(l of or United Tarishes of 
 
 Election of Guardians and District Councillors in the year 1894. 
 
 We, A. B., of , C. D., of , and E. F., of , all 
 
 candidates at the above election, and being not less than one-third of the 
 
 whole number of candidates at the said election, do hereby appoint K. S., 
 
 of , to be our polling agent. 
 
 Dated this day of December, 1894. 
 
 (Signed) .-/. B. 
 
 C. D. 
 E. F. 
 To the Returning Oflicer for the above election. 
 
 Declaration of The polling agent must, at some time before the 
 
 secrecy. opening of the poll, make the declaration of secrecy in 
 
 the same manner as the clerk or messenger, and is under 
 
 the same obligation to maintain, and aid in maintaining, 
 
 the secrecy of the voting (sec ante, p. 197). 
 
 Number. If there arc only two candidates, each of them may
 
 Clerks, Messengers, and Agents. 201 
 
 appoint a pollii\Gj a^cnt for each polling station (G.O. Cir^i^X. 
 
 r. 19; R.O. r. 18; U.O. r. 18). If there arc more than 
 
 two candidates, any number of them, being; not less 
 
 than one-third of the whole number of candidates, may 
 
 appoint one polling agent for each polling station, who 
 
 may be paid or unpaid (/7;.)- With these exceptions, no 
 
 polling agent, whether paid or unpaid, shall be appointed 
 
 for the purposes of the election {ib). If there are more 
 
 than two candidates, each third of the whole number of 
 
 candidates may thus appoint one polling agent, but the 
 
 total number of polling agents that can be appointed by 
 
 all the candidates, whatever their number, cannot exceed 
 
 three for each polling station. 
 
 The polling agent is entitled to attend during the time Duties. 
 of polling at the polling station or stations to which he 
 is appointed (see 6 %i 'j Vict. c. 18, s. 85). The duties of 
 the polling agent, stated generally, are — 
 
 {a) To prevent any person, other than the real person 
 on the register, from voting, and to prevent any 
 person from voting a second time. 
 (/;.) To keep, upon his copy of the register, a correct 
 
 record of the voters who have polled, 
 (r). To take an exact note of any irregularity, or of 
 
 anything unusual occurring in the station. 
 {d) To be present at the marking by the presiding 
 officer of the votes of blind, physically incap- 
 able, Jewish, and illiterate voters. 
 It is the duty of the returning and presiding officers 
 to see that the polling agent does not take advantage 
 of his position to violate the law {Bolton, 2 O'M. & H. 
 144). 
 
 A paid polling agent cannot vote (M. E.C.I. P.A. s. 13, Cannot vote, 
 sub. 3) ; if nevertheless he does vote, he is guilty of an^fpa"^!- 
 illegal practice {ib. s. 6, sub. i), but in a proper case the 
 candidate may obtain relief against the illegal practice 
 {ib. s. 20 ; and see post, p. 330). An unpaid polling 
 agent is not disqualified from voting, and is guilty of no 
 offence if he does vote ; if he desires to vote, he should 
 give his vote as soon after the opening of the poll as 
 possible. 
 
 The remuneration of a paid polling agent should be a Remuneia- 
 reasonable and proper fee. Refreshment may also be ^'on. 
 given to a paid polling agent, but must be treated as 
 part of the remuneration. Refreshment is equivalent to 
 payment, and therefore should not be given to a polling
 
 202 Candidate s Preparations for the Poll. 
 
 Chap. X. 
 Liabilities. 
 
 Death or 
 incapacity. 
 
 countin'g 
 Agents. 
 
 Qualification 
 
 Appointment. 
 
 How and 
 when made. 
 
 Notice to 
 returning 
 officer. 
 
 agent who act.s gratuitously (see Barroiu-in-Furness, 
 ^O'U. & H. 7S). 
 
 The polling agent is bound to exeixise reasonable care 
 and skill in the performance of his functions, but is under 
 no special liabilities. 
 
 If a polling agent dies or becomes incapable of acting 
 during the time of the election, another agent may be 
 appointed in his place, and notice shall forthwith be 
 given to the returning officer, in writing, of the name and 
 address of any agent so appointed (B.A. r. 53). This 
 form of appointment and notice may readily be framed 
 from the form given, ante, p. 200. 
 
 For further information as to the powers and duties 
 of the polling agent, see the author's " Manual for the 
 Polling Agent at all Elections held under the Ballot 
 Act, 1872." 
 
 The counting agent is a person appointed by the can- 
 didate to attend on his behalf at the counting of the 
 votes (B.A. r. 31). 
 
 Any competent person, whether an elector or not, may 
 be appointed counting agent, provided he be not the 
 returning officer, any officer appointed by the returning 
 officer, nor any partner or clerk of any such officer (B.A. 
 s. 11). 
 
 The counting agent, if employed for payment, should 
 be chosen from among the paid clerks and messengers, 
 as the M.E.C.I.P.A. does not recognise the paid counting 
 agent as a distinct paid official, or in any way mention 
 or allude to him (see s. 1 3, post, p. 204). 
 
 The appointment must be made one clear day at the 
 least before the opening of the poll (see B.A. r. 52), and 
 it should of coui-se be in writing, and may be combined 
 with the notice to the returning officer mentioned passion. 
 A " clear " day is a day reckoned exclusively both of the 
 first and last days (Lijin v. Pitcher, I Dowl. N. S. 767) ; 
 thus one clear day before Wednesday is Monday. 
 
 One clear day at the least before the opening of the 
 poll, the name and address of every agent, whether paid 
 or unpaid, of a candidate appointed to attend at the 
 counting of the votes shall be transmitted to the 
 returning officer, 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 trans- 
 mitted, notwithstanding that his appointment may be 
 otherwise valid (B.A. r. 52). This notice may be com-
 
 Clerks, Messengers, and Agents. 203 
 
 bined with the appointment {snpra) and may be in the Chat. X. 
 follo\vin<7 form : — ,. 
 
 t> lorni. 
 
 Union of. 
 
 Parish of {or Ward of or United Parishes of 
 
 ]• 
 Election of Guardians and District Councillors in the year 1S94. 
 
 Take notice that I, A. B., of , a candidate at the above 
 
 election, do hereby appoint S. T., oi , to attend as my agent 
 
 at the counting of the votes. 
 
 Plated this day of December, 1894. 
 
 (Signed) A. B. 
 
 To the Returning Officer at the above election. 
 
 Note. — The agent will only be admitted to the counting hall on 
 delivery up of this appointment, with the annexed declaration of 
 secrecy duly signed. 
 
 [The declaration of secrecy should be printed at the foot or on the 
 fly leaf of the above form.] 
 
 Every counting agent must, before the opening of the Declaration of 
 poll, make the declaration of secrecy, in the same manner secrecy. 
 as the clerk or messenger, and is under the same obliga- 
 tion to maintain and aid in maintaining the secrecy of 
 the voting (see ante, p. 197). 
 
 Each candidate may appoint an agent to attend the Number, 
 counting of the votes (B.A. r. 31), and therefore, whether 
 paid or unpaid, each candidate can appoint only one 
 such agent. If the candidate's counting agent be paid, 
 he must be selected from amongst the paid clerks and 
 messengers allowed to be appointed (see Remuneration, 
 post, p. 204). The returning officer probably has a dis- 
 cretion to admit more than one counting agent for each 
 candidate, but he is not bound to admit more than one, 
 and if he does admit more than one, he should impose 
 such conditions as he deems proper to prevent confusion 
 in the place where the votes are counted, and delay in 
 the counting of the votes. 
 
 The duties of the counting agent are to watch the Duties. 
 counting of the votes, to see that the returning officer 
 and his staff properly perform their duties, to object to 
 every objectionable ballot paper given for an opposing 
 candidate, and to defend every ballot paper given for 
 his own candidate that may be objected to (see post, 
 p. 280 et seg.). He is also bound to maintain and to aid 
 in maintaining the secrecy of the voting, and shall not 
 attempt to ascertain, at the counting of the votes, 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
 
 204 Candidate s Preparations for the Poll. 
 
 Chap. X. 
 
 Cannot vote, 
 if paid. 
 
 Remunera- 
 tion. 
 
 Liabilities. 
 
 Death or 
 incapacity. 
 
 ballot paper, under penalty of imprisonment (B.A. s. 4 ; 
 and see ante, p. 198). 
 
 The paid counting agent, like the paid polling agent, 
 cannot vote (M.E.C.LP.A. s. 13, sub. 3 ; and see aiite, 
 p. 201). 
 
 The remuneration of a paid counting agent should be 
 included in that given to him for the other functions he 
 is required to fulfil, as the M.E.C.LP.A. does not authorize 
 any separate payment or fee to any person in that 
 capacity alone, or recognise the counting agent as a 
 distinct paid official (see M.E.C.LP.A. s. 13, sub. i) ; 
 and, therefore, if it should be held that attending as a 
 candidate's agent at the counting of the votes is a 
 proceeding " for the purpose of promoting or procuring 
 the election " of such candidate {ib), a payment to such 
 an agent would be an illegal practice avoiding the 
 election {ib. s, 17, sub. i). Refreshment is but another 
 form of payment {Barroiv-in-Fnrness, 4 O'M. & H. yS), 
 and, therefore, must not be given to any counting agent 
 who acts gratuitously. 
 
 The counting agent is bound to exercise reasonable 
 care and skill in the performance of the duties he under- 
 takes, but is under no special liabilities. 
 
 In the event of death or incapacity, another counting 
 agent may be appointed, and notice to the returning 
 officer shall be given, as in the case of a polling agent 
 (see ante, p. 202). 
 
 B. — Committees and Canvassing. 
 
 Committees. 
 
 Definition. 
 
 The M.E.C.LP.A., as adapted by the G.O., R.O., and 
 U.O., is applied to the election of guardians and district 
 councillors by the L.G.A., s, 48, sub. 3. 
 
 A committee is a person or persons to whom anything 
 is committed {re Scottish Petroleum Company, 51 L. J. Ch. 
 845) ; an individual or body to which others have com- 
 mitted or delegated a particular duty, or who have taken 
 on themselves to perform it in the expectation of their 
 act being confirmed by the person or body they profess 
 to represent {Reynellw. Lewis, 15 M. & W, 529) ; and it 
 has been defined as meaning, in parliamentary elections, 
 a limited number of persons in whom faith and confidence 
 are placed by a candidate, and between whom there 
 exists some privity ( Westminster, i O'M. & H. 92), A
 
 Committees and Canvassing. 205 
 
 body of six hundred persons cannot rightly be denomi- CiiAr. X. 
 nated a committee iib). 
 
 A committee should consist of as few persons as Number and 
 possible, it should be appointed by the candidate and ^^j^,^^*"^^^^^^^^^ 
 not by any political club or association, it should not be ^'"""^' 
 limited to members of any such club or organization, each 
 member of the committee should be a person upon whose 
 judgment and discretion the candidate can thoroughly 
 rely, and it should be as representative of all classes of 
 the electors as possible. A committee may be, indi- 
 vidually as well as collectively, agents, for whose acts 
 the candidate is responsible (see Election Agent, p. 443) ; 
 and if held to be such agents, a corrupt or illegal 
 practice committed by any one of them may avoid the 
 election. 
 
 A committee must not be formed for an illegal object. Illegal 
 Committees were formed, having paid agents at their committees. 
 heads, for the purpose of getting the voters together, so 
 that the latter might be corrupted at any moment at 
 which it might become necessary, and it was held that 
 the proceedings of this committee amounted to bribery 
 {Stafford, 21 L, T. 210). Again, while it is permissible 
 to employ a single spy or detective to find out quietly 
 whether corrupt practices are going on, on a particular 
 side, it has been laid down that it is illegal to employ a 
 "vigilance committee," or large body of persons, to 
 search actively for corrupt practices, and that if such 
 persons commit violence, it will amount to intimidation 
 {ib.). A detective committee must, therefore, consist of 
 as small a number of persons as practicable, and must 
 be very careful that it does not, collectively or indi- 
 vidually, interfere actively with any person, and that its 
 investigations are not carried to an extent that might 
 subject it to condemnation. As to clerks and messengers 
 employed as detectives, see ante, p. 199. 
 
 Committees must be careful that all their acts are 
 legal ; thus, they must not publish, or sanction the pub- 
 lication of, any document which unjustifiably and un- 
 necessarily reflects on the private character of others, as 
 by imputing corrupt practices, or they may render them- 
 selves liable for damages in an action for libel ( Wilson 
 V. Reed, 2 F. & F. 149). Any person who acts as a 
 member of a committee is liable to the penalties for any 
 illegal practice, hiring, etc., in which he has participated 
 {Bnckrosc, 4 O'M. & H. 114).
 
 206 
 
 Candidate s Preparations for the Poll. 
 
 Chap. X. 
 
 Committee 
 Rooms. 
 
 Definition. 
 
 Places pro- 
 liibited as 
 committee 
 rooms. 
 
 Clubs. 
 
 No affirmative definition of a committee room has 
 been enacted ; but the expression " committee room " 
 shall not include any house or room occupied by a 
 candidate at an election as a dwelling, by reason only of 
 the candidate there transacting business with his agents 
 in relation to such election ; nor shall any room or build- 
 ing be deemed to be a committee room by reason only 
 of the candidate, or any agent of the candidate, ad- 
 dressing therein electors, committee men, or others 
 {M.E.C.I.P.A. s. 34 ; C.I.P.P.A. s. 64). Beyond this, the 
 election court must determine from the circumstances 
 of each particular case, whether a room is or is not a 
 committee room ; but by thus speaking of a room or 
 biiilding, the legislature seems to imply that a committee 
 room may include more than a single room. It therefore 
 seems probable, that if reasonably and bo72d fide rec\\x\r&6, 
 and especially in the case of a central committee room, 
 the term " committee room " would be held to apply to 
 a set of offices, or entire building, comprising a clerk's 
 room or rooms, and a private consultation room, and 
 would not invariably be limited to a single room. Any 
 room, place, or building habitually used for the business 
 of the election, should be treated and deemed to be a 
 committee room by the candidate. 
 
 A committee room must not be in any premises which 
 are licensed for the sale of any intoxicating liquor for 
 consumption on or off the premises, or on which refresh- 
 ment of any kind (whether food or drink) is ordinarily 
 sold for consumption on the premises ; nor any premises 
 where any intoxicating liquor is supplied to members of 
 a club, society, or association, or any part of any such 
 premises (M.E.C.I.P.A. s. 16, sub. i {a), (d) ). If any 
 such prohibited place is hired or used as a committee 
 room, it is an illegal hiring (id.). But any part of any of 
 the above-named premises which is ordinarily let as 
 chambers or offices, or for public meetings or arbitrations, 
 is not within the above prohibition, if such part has a 
 separate entrance, and no direct communication with any 
 part of the premises on which any intoxicating liquor or 
 refreshment is sold or supplied as aforesaid (id. sub. 2 ; 
 and see Devonport, 2 Times L. R. 346). The existence 
 of a refreshment or liquor bar is an indication that 
 refreshments (food or drink) are supplied. 
 
 There is no permission, as there is at a parliamentary 
 election, to use the premises of a permanent political
 
 Conunittees and Canvassing. 207 
 
 club as a committee room {cp. CI. P. P. A. s. 20 ; Election Chai'. X. 
 
 Agent, p. 109) ; and such premises cannot therefore be 
 
 so used, if they come within either sub-section of 
 
 M. E.G. I. P. A. s. 16. The premises of a club where tea, 
 
 coffee and other non-intoxicant drinks only are supplied 
 
 to members, are not within the prohibition contained in 
 
 M. E.C.I. P.A. s. 16, sub. I {h) ; but, if such drinks are 
 
 " sold for consumption on the premises," such a club falls 
 
 within the prohibition contained in sub. i {a) of the same 
 
 section. 
 
 It seems difficult to give any satisfactory reason for 
 the change of language (" supplied " and " sold ") in 
 these two sub-sections. The change must have been 
 intentional, but it is impossible to state what effect the 
 courts may give to the difference in language, or to lay 
 down any rule applicable to all cases that may arise. It 
 is suggested, however, that sub-section {b) is a limitation 
 upon the generality of sub-section (a), and that con- 
 sequently clubs are not prohibited from being used as 
 committee rooms, except where they supply intoxicating 
 liquors to members ; also that sub-section {IS) may be 
 looked upon as being to some extent repugnant to sub- 
 section {a), and that thus, according to the ordinary 
 canon of construction, the later of two repugnant pro- 
 visions must prevail over the earlier. If so, a club 
 where non-intoxicating drinks only are supplied is not a 
 prohibited place. " Supplied " must, it is submitted, 
 mean " supplied for payment," as clubs where intoxicating 
 drink is supplied gratuitously, unless for a nefarious 
 purpose, do not exist, and the word " supplied " is per- 
 haps used instead of " sold " because it is used in con- 
 junction with " members," while " sold" doubtless means 
 sold to the public. 
 
 All licensed premises, refreshment houses, and clubs, Licensed 
 where food or drink is sold, are thus unavailable as pi-emises. 
 committee rooms. " Licensed premises " include both 
 those licensed by justices and those licensed by the 
 excise authorities, viz., ale-houses, wine and beer-houses, 
 the premises of grocers and others licensed to sell wine, 
 beer, etc. ; wholesale brewers, wine and spirit merchants, 
 hotels, inns, coffee houses, railway refreshment rooms, 
 and refreshment houses kept open between 9 p.m. and 
 c; a m ^ ^ P^jbli^ 
 
 But the premises of a public elementary school which schools may 
 cannot be used as a committee room at a parliamentary be used.
 
 2o8 Candidate s Preparations for the Poll. 
 
 Chap. X. election (C.I.P.P.A. s. 20), are not prohibited from being 
 
 • so used at an election of guardians or district councillors 
 
 (M. E.G. I. P. A. s. 16) ; and, subject to the paramount right 
 of the returning officer to use schools which receive 
 parliamentary grants, and rooms which are maintained 
 out of local rates, for taking the poll, and for counting 
 the votes (B.A. s. 6 ; L.G.A. s. 48, sub. 3 {a) ), such 
 schools and rooms, when obtainable, may be used as 
 committee rooms at an election of guardians or district 
 councillors. 
 Hiring of The hiring, or letting, or use of any of the above 
 
 prohibited prohibited premises, or any part thereof, for a committee 
 1'^^"^'- room is an illegal hiring (M.E.C.I.P.A. s. 16, sub. i {b)); 
 
 and if the illegal hiring is by, or with the knowledge or 
 consent of, the candidate, the election may be avoided 
 (//;. s. 1 7, sub. 2, and s. 8, sub. 2). The hirer, and the person 
 using, are equally guilty of an illegal hiring, and so also is 
 the person letting, or permitting the use, if he knew it was 
 intended to use the room as a committee room {ib. s. 16, 
 sub. I {b) ). The use of prohibited premises, whether 
 with or without payment, is an illegal hiring. 
 Number of The number of committee rooms that may be hired 
 
 committee fQj. payment is less than in the case of a parliamentary 
 rooms. election. At an election of guardians or district coun- 
 
 cillors there may be hired for payment, if the election is 
 for a parish, or united parish, or urban district, one 
 committee room for the parish or district, and if the 
 election is for a ward of the parish or district, one com- 
 mittee room for the ward, and if the number of electors 
 in such parish, district, or ward exceeds 2000, one ad- 
 ditional committee room for every 2000 electors, and 
 incomplete part of 2000 electors over and above the said 
 2000 (M.E.C.I.P.A. s. 4, sub. I {c) ). Thus, in a parish, 
 district, or ward of from 2001 to 4000 electors inclusive, 
 two committee rooms may be hired for payment ; in a 
 parish, district, or ward having 4001 to 6000 electors, 
 three committee rooms may be hired for payment, and 
 so on. P^or the purpose of calculating the number^of com- 
 mittee rooms that may be hired for pa}'ment, the number 
 of electors shall be taken according to the enumeration 
 of the electors in the register of parochial electors 
 (M.E.C.I.P.A. s. 34 ; G.O. r. 27, par. 7 ; U.O. r. 26, 
 par. 6), and consequently no deductions need be made 
 for out-voters, deaths, or the like. 
 Payment. No payment or contract for payment shall, for the
 
 Coiuuiittecs and Canvassing. 209 
 
 purpose of promoting or procuring the election of a CitAP. X. 
 candidate at an election of guardians or district coun- 
 cillors, be made on account of any committee room 
 in excess of the number allowed (M.E.C.I.P.A. s. 4, 
 sub. I {c), under penalty of an illegal practice {ib. 
 sub. 2), avoiding the election, if such payment or contract 
 has been made by the candidate or his agent {ib. s. 8, 
 sub. 2). 
 
 All contracts for the hire of committee rooms should Humg. 
 be entered into by the candidate or by some clerk or 
 agent thereunto lawfully authorized by him, the terms 
 of the hiring should be reduced into writing, and the 
 price to be paid, and the date at which the occupation 
 of the room will commence and end, should be distinctly 
 specified. The sum agreed to be paid should be a fair 
 and reasonable sum, and in no sense " colourable " (as 
 to what is " colourable," see Election Agent, p. 394). 
 
 The agreement may be in the following form : — Form of 
 
 ° agreement. 
 
 I, A. B., of 
 
 a candidate at the election of guardians [urban or rural district 
 councillors] for the parish [district o)- ward] of to be held in 
 
 December, 1S94, do hereby agree to hire, and I, K. K., of 
 in consideration of the sum of ^ , to be paid to me by the said 
 
 A. B., do hereby agree to let, the room known as [describe the room 
 or premises'] to be used from this day forth until the close of the poll 
 as a Committee Room for the said candidate at the said election. 
 And for the consideration aforesaid I, the said A'. K., further agree 
 to supply reasonable tiring, lighting and cleaning for the said room. 
 Dated this 
 
 (Signed) A. B. 
 
 Witness, P. Q. " A'. A'. 
 
 {Address) 
 {Description) 
 
 An elector who receives payment for a committee 
 room can vote ; he is not " employed " within the 
 meaning of M.E.C.I.P.A. s. 13. 
 
 The candidate, while thus limited as to paid committee Rooms lent 
 rooms, is not prohibited from making use of any number gi^atuitously. 
 of committee rooms that are lent to him gratuitously, 
 provided such rooms are not in any prohibited place (as 
 to which, see ante, p. 206). 
 
 Every committee room should be advantageously Situation of 
 situated with regard to the requirements of the polling ^■°°'"^- 
 district, and to the position of the polling stations in the 
 district. The central committee room should be pro- 
 vided in the most central and convenient place with 
 respect to the whole parish, district or ward ; the district 
 
 P
 
 2IO Candidate s Preparations for the Poll. 
 
 Chap. X. committee room should, in like manner, be situated in 
 
 the most central and accessible part of the polling 
 
 district which it is intended to serve. There is nothing 
 to require that a hired committee room shall be situated 
 in the parish, district, or ward for which it is allowed ; 
 and thus, for example, if the number of electors is such 
 that two committee rooms are allowed, they may both 
 be situated within or without the parish, district, or ward 
 for which they are allowed. Each committee room 
 should be as spacious as is necessary for the require- 
 ments of the parish, district, ward, or polling district it 
 is intended to serve. 
 Use of rcoir.^. The committee room must of course not be resorted 
 to or used for any corrupt, illegal, or improper purpose. 
 It should be placarded with all the instructions, cautions, 
 and notices in use in the election, and in any way 
 applicable to those who frequent the room. The central 
 committee room should be under the immediate care of 
 the chairman or of some trustworthy clerk or messenger, 
 and should be provided with at least one private room 
 for consultations, committee meetings, etc. The district 
 committee rooms should each be in charge of a respon- 
 sible clerk, carefully selected by the chairman of 
 committee or candidate, and it may be convenient to 
 consider such clerk as in charge of the electors in the 
 district to which his committee room belongs and of the 
 communications, notices, etc., to be sent to them. Each 
 clerk in charge should be in constant attendance at his 
 room, and should be instructed to give information to 
 all proper applicants, to see that favourable electors are 
 fully instructed as to how and where to record their votes, 
 and to take care that the documents, etc., supplied to his 
 room are preserved undamaged and accessible. These 
 will comprise: — (i) the register of voters for the whole 
 parish, district, or ward ; (2) the part of the register 
 assigned to the polling district served by his comniittee 
 room ; (3) a list of dead or absent voters ; (4) a list of 
 the out voters, including those residing in other polling 
 districts ; (5) a list of voters residing in his district, but 
 on the register for other polling districts. The clerk 
 should also see that the candidate's instructions as to 
 advertisements, arrangements for public meetings, etc., 
 are punctually and properly carried out, and that no 
 expense is incurred that the candidate has not expressly 
 authorized.
 
 Committees ami Canvassing. 2ii 
 
 To canvass is to solicit votes or interest, to use efforts Chap. X. 
 
 to obtain an office or position ; and a canvasser is 
 
 one who solicits votes or Gfoes about to make interest Canvassing 
 
 AND L^AN" 
 
 (Webster's Dictionary) ; one who solicits or persuades, or vassers. 
 
 attempts to persuade any person to vote, or to abstain 
 
 from votinj::^ (see the words in M.C.A, s. j"]^ now repealed Definitions, 
 by M. E.G. I. P. A. s. 38) ; one whose influence with the 
 electors, either personal or by his powers of persua- 
 sion, is relied on, as distinguished from a mere mes- 
 senger sent round to know how the electors mean to 
 give their votes {Bodmin, i O'M. & H. 120). Canvassing 
 may be either by asking a man to vote for A., or by 
 begging him not to go to the poll, but to remain neutral, 
 and not to vote for B. ( Westbnry, ib. 56). 
 
 Canvassing and canvassers are not mentioned among Unpaid volun- 
 the purposes and capacities for which persons may be ^^^^ ^^^' 
 engaged or employed for payment or promise of pay- 
 ment (M. E.C.I. P. A. s. 13, sub. i) ; and the payment of 
 canvassers being thus illegal, unpaid volunteers must be 
 found to supply their place, if a personal canvass be 
 thought desirable. 
 
 These volunteer canvassers are a great source of Risks of a 
 danger, and it is probable that in many cases a candi- "^'olunteer can- 
 date will go to the poll without a canvass, or will limit 
 himself to a personal canvass (as in Harivick, 3 O'M. & 
 H. 68), or to a canvass through the post, rather than run 
 the risks attending a canvass by volunteers. A canvasser 
 who is authorized or recognized by the candidate, is an 
 agent for whose corrupt and illegal acts he is responsi- 
 ble (see Election Agent, p. 441), and who thus may 
 render the election void for acts of which the candidate 
 is entirely ignorant, and of which he would highly 
 disapprove. 
 
 If, notwithstanding these risks, a canvass by volun- Precautions to 
 teers be decided on, the number employed or authorized be observed, 
 to canvass should be as small as possible, each volunteer 
 should be informed that he is an agent, for whose acts 
 the candidate whom he desires to assist will be re- 
 sponsible, and that the election may be avoided if he is 
 guilty of any corrupt or illegal practice. The candi- 
 date should also endeavour to keep under his own 
 control and observation, and apart from the electors, 
 those volunteers upon whom he can the least rely ; and 
 should bear in mind that these volunteers must be wholly 
 unpaid, that the giving of refreshment is only another 
 
 P 2
 
 2 1 2 Candidates Preparations for the Poll. 
 
 Chap. X. form of payment, and that no office, place, or employ- 
 
 ment, valuable security or other equivalent for money, 
 
 or valuable consideration must be given or promised, 
 under penalty of an illegal employment, and of an illegal 
 practice, which may avoid the election if given or pro- 
 mised by the candidate, or if paid by any agent (sec 
 Election Agent, p. 35). 
 
 The candidate should also hand to every canvasser, 
 and should paste into every canvass book issued by him, 
 printed instructions as to the acts which will render the 
 election void, and he should mark or initial, number, 
 and keep a careful record of, every canvass book issued 
 by him. 
 Register, \^ order to conduct a canvass, a copy of the register 
 
 rbir°^''''"" is required. This is obtainable in a county from the 
 clerk of the peace, and in a city or borough from the 
 town clerk {6^^ Vict. c. 18, s. 49). The charge is regu- 
 lated by sch. D, No. 2, to 6 & 7 Vict. c. 18, according to 
 the number of names, and is for every copy of the 
 register, or any part thereof, as follows : — 
 
 Not exceeding 1,000 names 
 Exceeding 1,000 and not exceeding 3,000 
 
 ,, 3,000 ,, ,, 6,000 
 
 6,000 „ „ 9,000 
 
 9,000 .... 
 
 Canvass book. The canvasser should also be provided with a canvass 
 book, and a pen and pencil. The following is a form of 
 canvass book : — ■ 
 
 \0n both sides of cover. ^ 
 
 Election of Guardians [Rural or Urban Councillors], December, 1S94. 
 
 Polling District. 
 Pollino; Station. 
 
 s. 
 
 d. 
 
 I 
 
 
 
 2 
 
 6 
 
 . 5 
 
 
 
 • 7 
 
 6 
 
 . 10 
 
 
 
 Election ol A. B., Esq. 
 Book No. 
 Mr. , Canvasser. 
 
 This book, when not in use, is to be returned to : — 
 Mr. 
 whose office is at : — 
 
 Street or House. 
 
 [Name of village or town.]
 
 Conunittees and Canvasshig. 213 
 
 [Lisiilc front of cover.] Chap. X. 
 
 INSTRUCTIONS. 
 
 Mark a line ( | ) or a { X ) ''^ the appropriate column (" For, 
 Against, Doubtful ") to show how, after personal inquiry of the voter, 
 or of his relatives, neighbours or friends (as you may find best), you 
 believe each voter will vote. If the voter declines to answer your 
 inquiries, or claims the secrecy of the ballot, he generally belongs to 
 the opposite party. 
 
 If you find a voter holds strong views on any special point, or 
 desires to know your candidate's views on any such point, or tliat it is 
 desirable that he should have any particular leaflet circulating at the 
 election, but which you may not have wiih you at the time — note the 
 facts in the column headed " Special points or Leaflet required." 
 
 Distribute freely the candidate's address, and all the leallets with 
 which you are entrusted ; and when your supply is exhausted, report 
 the fact at your Committee Room. 
 
 If possible obtain a promise to vote for your candi^Iate from every 
 voter whom you canvass, and ask every voter to poll early. A voter 
 whose name is on the register, is entitled to vote notwithstanding that 
 he has since removed to another address, and notwithstanding that 
 his name is incorrectly stated on the register. 
 
 If any voter is absent, dead, or removed, mark a line or cross in the 
 appropriate column, and if the voter has removed, ascertain his present 
 address, and add it under his name. Report all these cases as soon as 
 possible at your Committee Room. 
 
 Fill up the daily return sheet (with which you are supplied) from 
 your canvass book at the close of each day's work, and send such 
 return into your Committee Room at once. 
 
 Report the results of your canvass at your Committee Room on the 
 poll day about every hour. 
 
 Take careful note of any practice which you may observe and deem 
 to be illegal or improper on the part of the opposite party, and report 
 same as soon as possible at your Committee Room. 
 
 [On page i.] 
 WARNINGS. 
 
 You must Not give, offer, promise, or procure, either to any voter, 
 or to any other person for or on his behalf, any money, food, drink, 
 office, employment, or any other consideration. 
 
 You must Not threaten any voter, or any of his friends, relatives 
 or servants, with any consequences whatever. 
 
 You must Not counsel or induce any voter to vote twice, or to 
 apply for a ballot paper in the name of any other person, living or 
 dead, or of any fictitious person. 
 
 You must Not pay for the conveyance of any voter to or from the 
 poll, or borrow or use any public stage or carriage, or horse or 
 animal which is kept or used for letting out on hire. 
 
 You must Not induce or procure any prohibited person to vote. 
 
 You must Not publish a false statement of the withdrawal of the 
 opposite candidate. 
 
 You must Not incur any liability or make any payment whatever, 
 however small. 
 
 You must Not vote if you are employed for payment or promise of 
 payment. 
 
 iJ:^ See also the Caution on the last page of this Book,
 
 214 Candidate s Preparations fot' the Pole. 
 
 Chap. X. [Canvass pages— f/^. 2 d seq.'\ * 
 
 Street or Place. 
 
 No. or 
 Name of 
 House. 
 
 Name of 
 Voter. 
 
 No. on 
 Register. 
 
 c 
 
 < 
 
 o 
 
 e 
 (2 
 
 I 
 
 ■^ ' Politics. 
 
 D 1 
 
 For. 
 Against. 
 
 ^3 
 O 
 
 
 
 Special 
 
 Points, or Re- 
 Leaflet marks. 
 
 Required. 
 
 
 
 
 
 — 
 
 
 
 i 
 
 
 
 
 
 
 
 
 1 
 
 i 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 * Note. — The columns hea cd "No. or Name of House," "Name 
 of Voter," " No. on Register," and all the blank spaces on the cover, 
 should be carefully filled up before the book is handed to the 
 canvasser. If the canvass is made on behalf of two candidates, the 
 columns "For," "Against," "Doubtful," must be duplicated, and 
 the names of the candidates written over each trio of columns. 
 
 [On last page, and inside back of cover. '\ 
 CAUTION. 
 
 The election of A. B., Esq., for this parish [district or ward] will 
 be RENDERED VOID if any canvasser or volunteer assistant commits 
 any of the following offences : — 
 
 Corrupt Practices. 
 
 Bribery — whether l)y giving, promising, procuring, or receiving 
 any money, valuable consideration, office, place or employment. 
 
 Treating — dnect or indirect, whether by corruptly giving, pro- 
 viding, paying for, accepting or taking, any meat, drink, enter- 
 tainment, or provision. 
 
 Undue influence — direct or indirect, whether by the use or threat of 
 force, violence, or restraint, injury, damage, harm, or loss, 
 abduction, duress, or fraudulent device. 
 
 Fersonatip7t— or the aiding, abetting, counselling, or procuring the 
 commission of personation. 
 
 Illegal Practices. 
 
 Paying for the conveyance of voters to or from the poll. 
 Paying for the exhibition of bills, ] All lawful contracts for these 
 addresses, or notices. > purposes have been entered 
 
 Paying for any connnittee room. J into by the candidate.
 
 Coiiiuiittces and Canvassinj^. 215 
 
 The piDiishvwnt for a cor nipt practice, other than personation, Chap X. 
 
 inchulcs on'K year's imprisonment with or without hard labour, 
 
 or a FINE of TWO HUNDRED POUNDS ; the punishment for persona- 
 tion is two years' imprisonment witli hard labour ; and SLi'cn years' 
 incapacity to vote or to liold any public or judicial office follows in either 
 case. 
 
 The punishment for an illegal practice may be a fine of one 
 HUNDRED POUNDS and five years'' incapacity to vote in this parish \or 
 district]. 
 
 Where information is given to the Public Prosecutor that any 
 corrujit or illegal practices have prevailed, it is his duty to make such 
 inquiries, and to institute such prosecutions as the case appears to him 
 to require. 
 
 Offenders are also liable to be ordered to pay costs. 
 
 All persons assisting in the election of A. B., Esq., are hereby 
 warned and jirohibited from committing any of the above offences, or 
 any other offence against the law. No voter employed for payment 
 can vote, and no person employed for payment should canvass. 
 
 The canvasser should also possess a sufficient number Canvasser's 
 of the candidate's address to the electors, printed on ^.^^^'^'^ ie(iui- 
 cards or paper of a convenient size, any leaflets which 
 it may be desired to circulate, a quantity of canvassing 
 cards, and a number of daily return sheets. The 
 possession of the candidate's address will enable the 
 canvasser to supply it to such electors as have not 
 received or read it, and to correct authoritatively any 
 misapprehension on the part of the elector on any of the 
 matters dealt with in the address. 
 
 The canvassing card may be in the following form : — 
 
 Parish \or District or Ward] of . 
 
 Election of Guardians \or Urban or District Councillors] 
 in the year 1894. 
 
 Mr. .-/. B. the [liberal] candidate respectfully solicits your vote and 
 interest. 
 
 C. D., 
 
 Chairman of Conunittee for the said A. B. 
 
 The daily return sheet should correspond in its head- 
 ings with those in the canvass book, and should be filled 
 up from the latter by the canvasser at the close of each 
 day's work, and at once forwarded by the canvasser to 
 his committee room. 
 
 The reasonable and necessary expenses of a canvass Expanses of 
 by volunteers may, it seems, be incurred by the candi- canvas;. 
 date, for although the payment of canvassers is illegal, 
 as already mentioned {ante, p. 211), there is no prohibi- 
 tion against expenditure for the materials for a canvass. 
 Thus, there is no illegality in expenditure for canvass
 
 2i6 Candidate s Preparatiojis for the Poll. 
 
 Dangerous 
 practices ir 
 canvassine. 
 
 Chap. X. books, registers, circulars, cab hire, or travelling expenses 
 incurred in canvassing. And it has been held that a 
 payment to a registration agent for canvass books, 
 polling district books, directed envelopes, and wall sheets 
 of voters' names, may be incurred {Ipsivich, 54 L. T. 625). 
 The canvasser must carefully avoid exercising any 
 undue influence (as to which, see Election Agent, p. 423), 
 and must remember that there are certain practices in 
 canvassing that have been condemned by the election 
 judges. It has been laid down that canvassing ought 
 not to be carried on up to the last moment before 
 polling ; that a canvasser should not station himself in 
 front of a polling booth to record those who go up to 
 vote, and to urge them as to which way they should 
 vote ; and that although such practices may not amount 
 to undue influence over the voters, or avoid the election, 
 yet they are illegitimate practices, and ought never to 
 be resorted to {Lichfield, 3 O'M. & H. 138) ; also that 
 canvassing handbills or polling cards, should not be 
 obtruded or thrust by physical force into the hands of 
 voters as they are going into the polling station {Stepney, 
 4 ib. 52, 53). And it has been said that it is a dangerous 
 practice to organize canvasses at public-houses, because 
 it induces indiscriminate drinking, and may lead to 
 charges of treating being established against the candi- 
 date, and to the landlord supplying drink to the friends 
 of the committeemen and workers beyond that which he 
 is authorized to supply to the latter, and on the chance 
 of his being ultimately paid {Tamworth, i ib. ^6). 
 
 A system of dividing a constituency into wards, and 
 of forming committees among the voters, and employing 
 them to send out canvassers, has also been condemned 
 as a dangerous system, and as one which, if merely 
 colourable, will avoid the election {Coventry, i O'M. & H. 
 102) ; as to what is "colourable," see Election Agent, 
 p. 324- 
 b' Canvassing may be by circulars and letters sent 
 through the post office, and, where practicable, this is 
 by far the safest mode of ascertaining the views and 
 intentions of the electors. There is then no direct 
 contact with the electors, and the only expenses incurred 
 are those of printing, postage, and the addressing of 
 envelopes or wrappers, and these expenses, being capable 
 of being known or ascertained, can be kept completely 
 under control. 
 
 Canvassin 
 post.
 
 Coiiuiiittces and Canvassing. 217 
 
 The candidate may distribute a voter's polling card Chap. X. 
 to every elector on the register a day or two before the , ■; 
 polling day. In preparing such a card, care should be J^'jj''^^"^ '"' 
 taken not to frame in it such a manner as that it can be 
 alleged to be a device to impede or prevent the free 
 exercise of the franchise (see Gloucester, 2 O'M. & H. 60) ; 
 or to mislead, deceive, or trick electors into voting in a 
 particular way {ib. ; and see Stepney, 4 O'M, & H. 55). 
 The voter should not be told that if he " marks his 
 ballot paper otherwise than in the way in which the card 
 is marked, his vote will be invalidated " {Gloucester, 
 2 O'M. & H. 60) ; nor should he be told to " be careful 
 not to make any other mark, or your vote will be lost," 
 or anything to the like effect ; and, if the card is illus- 
 trated with the form of ballot paper, care should be 
 taken that the same fairly represents a copy of the 
 ballot paper {Stepney, 4 ib. 55). If these principles be 
 duly attended to, there is nothing illegal or improper in 
 these polling cards, and they are useful as they contain 
 information (the voter's register number and polling 
 station) which most electors do not possess, and will not 
 be at the trouble of ascertaining. Without knowing his 
 polling station, a voter cannot poll ; and the knowledge 
 of his register number facilitates the taking of his vote, 
 and thus, during the last hour of the poll, enables a 
 greater number of electors to record their votes than 
 might otherwise be possible. The following form is 
 suggested : — 
 
 Union of -^ 
 
 rorm. 
 
 Parish of [cr Ward of , cr United Parishes of ]. 
 
 Election of Guardian or District Councillors in 
 THE Year 1894. 
 
 Polling Day, December, 1S94. 
 
 Poll open from to P.M. 
 
 Register Xumbcr, 
 Name, 
 Abode, 
 
 your polling station is at 
 THE NATIONAL SCHOOL. 
 
 When inside the polling station you will give your number and 
 name as above, and a ballot paper will then be handed to you. See 
 that the presiding ofticer stamps your ballot paper before he gives it 
 to you. 
 
 PLEASE VOTE for A. B. and C. D. 
 
 by making a X on the right hand side in the square space opposite 
 the name of each of them, as shown in the form of Ballot Paper below.
 
 2 1 8 Candidate's Preparations for the Poll. 
 
 Chap. X. 
 
 FORM OF BALLOT PAPER. 
 
 AND HOW TO MARK IT. 
 
 I 
 
 A. A. 
 
 
 2 
 
 A. B. 
 
 X 
 
 3 
 
 C. D. 
 
 X 
 
 4 
 
 E. F. 
 
 
 OBSERVE : Do not sign your name, or initials, or make any mark 
 other than the cross, for if you do your vote may be lost. When you 
 have marked your ballot paper, fold it up, show the stamp at the 
 back, not you)- cross, to the presiding officer, and drop the ballot paper, 
 NOT THIS CARD, into the ballot box. 
 
 Vou have only [two] votes, and can only vote for [two] Candidates. 
 
 PLEASE POLL EARLY 
 
 to avoid mistakes, and the risk of any one else voting in your name. 
 After you have polled, please hand this card to the messenger outside 
 the polling station, or leave same at the Committee Room No. _ , 
 
 Street, and by so doing you will greatly assist the Committee. 
 
 Election- 
 Meetings. 
 
 Places pro- 
 hibited from 
 use for 
 
 meetinus. 
 
 What is an 
 
 election 
 
 meeting. 
 
 C. — Election Meetings, Printing and 
 Advertising. 
 
 The M.E.C.T.r.A., as adapted by the G.O., R.O., and 
 U.O. is apphed to the election of guardians and district 
 councillors by L.G.A. s. 48, sub. 3. 
 
 With the exception as to licensed premises mentioned 
 infra, all places prohibited from use as committee rooms 
 (as to which, see ante, p. 206) are equally prohibited from 
 use for holding meetings for the purpose of promoting 
 or procuring the election of a candidate at an election of 
 guardians or district councillors (M. E.G. I. PA. s. 16, 
 sub. i), whether such meetings be public or private, and 
 whether such places be used with or without payment. 
 
 But the meeting, to be within this prohibition, must 
 be a meeting held " for the purpose of promoting or 
 procuring the election of a candidate" (M.E.C.I.P.A. 
 s. 16, sub. l). A meeting held to present a requisition 
 to a person to stand for election, and to induce him to 
 become a candidate, is not an election meeting ; for a 
 meeting held to select a candidate is not a meeting to
 
 Election Meetings. 219 
 
 procure his election, and there is a great distinction Chap. X. 
 between getting a candidate, and promoting his election 
 after yoii have got him {Norivich, 4 O'M. '& H. 85, 86). 
 If the primary, and direct, and real object is to get a 
 candidate, the meeting is not an election meeting, 
 although, it indirectly promotes the interest of the party ; 
 but if the nominal object is to get a candidate, while the 
 real object is to promote the election of a particular 
 candidate, the meeting is an election meeting (see ib.). 
 
 And nothing in the M.E.C.I.P.A. shall render it un- Places per- 
 lawful to hold a meeting for the purpose of promoting or l^^^j^^ednT^ 
 procuring the election of a candidate to the office of 
 rural district councillor on any licensed or other premises 
 not situate in an urban sanitary district, or in the ad- 
 ministrativ^e county of London (R. O. r. 26, par. 7). As 
 to what are " licensed premises " and what is an " urban Licensed 
 sanitary district " (see a7ite, pp. 207, 3). This exception ^^j^^i'^^^^^^jg^eg 
 in the case of rural parishes is doubtless made in conse- 
 quence of the difficulty experienced in some parishes in 
 obtaining the use of any other premises for holding 
 meetings. The exception does not, it will be observed, 
 extend to the use of licensed premises as committee 
 rooms ; and care should therefore be taken that no 
 election business, which is usually transacted in a com- 
 mittee room, is transacted in any place permitted for 
 use for an election meeting but prohibited from use as a 
 committee room. 
 
 Although a borough parliamentary election cannot be churches, 
 held in any church, chapel, or other place of public chapels, and 
 worship (2 & 3 Will. IV. c. 45, s. 68), there is, apart from '"'^'y '''°'^^' 
 restrictions under trust deeds, etc., no legal objection to 
 holding election meetings in dissenting chapels. A 
 schoolroom in which meetings for public worship are 
 occasionally held does not appear to fall within this 
 prohibition, and there is no enactment rendering an 
 election liable to be set aside for a disregard of this 
 prohibition. 
 
 But although vestry meetings may, under certain 
 circumstances, be held in a church, chapel, or churchyard 
 of the Church of England, the holding of " musters " or 
 meetings in any such church, etc., is forbidden ; and a 
 disregard of this prohibition amounts to the ecclesiastical 
 offence of profanation (see Canon 88), and might lead to 
 brawling, which is also an ecclesiastical offence and a 
 statutory offence (23 & 24 Vict. c. 32, s. 2 ; and see
 
 220 Candidate s Preparations for the Poll. 
 
 Chap. X. A slier v. Calcraft, 1 8 O. B. D. 607), whether it be com- 
 
 mitted in a churchyard (which is God's acre), or in a 
 
 church (which is God's house). Upon these grounds the 
 incumbent and churchwardens ought, it is submitted, to 
 refuse permission for the holding of any election meeting 
 m any church, chapel, or churchyard, and should remove 
 any person attempting to hold any such meeting in 
 defiance of their prohibition. 
 Letting does There is nothing to prevent an elector from letting 
 not disqualify ^^^ room or place for an election meeting, not being a 
 prohibited place, nor does he thereby disqualify himself 
 from voting. 
 Bands of No payment or contract for payment shall, for the 
 
 music, torches, puj-posc of promoting or procuring the election of a 
 etc. ' ' candidate at an election of guardians or district coun- 
 
 cillors, be made on account of bands of music, torches, 
 flags, banners, cockades, ribbons, or other marks of dis- 
 tinction (M.E.C.I.P.A. s. 12, sub. i), under penalty of an 
 illegal payment (il?. sub. 2), and of an illegal practice, if 
 the offence be committed by the candidate, or with his 
 knowledge and consent (il?. s. 17, sub. 2 ; and see Stepney, 
 4 O'M. & H. 39 ; Walsall, ib. 127 ; East Clare, ib. 162 ; 
 Stepney, ib. 179 ; Pontefract, ib. 200). 
 
 A flag or banner to come within the above provision 
 must, it seems, be one used as a mark of distinction 
 {Stepney, 40'M. &H. 181). The giviiig or providing oi 
 cockades, ribbons, or other marks of distinction is not 
 illegal per se, as it is at a parliamentary election (see 
 17 & 18 Vict. c. 102, s. 7), and the giving or providing 
 by any person of bands of music, torches, flags, banners, 
 cockades, ribbons, or other marks of distinction, is not 
 illegal, if no payment, or contract for payment, pecuniary 
 reward, valuable security or consideration, be made 
 (M.E.C.I.P.A. ss. 12, 34; C.I.P.P.A. s. 64) ; and thus a 
 gift or gratuitous provision thereof for the purpose of 
 the election is permissible. The wearing of a cockade, 
 ribbon, flower or other mark of distinction, is not illegal 
 (see Walsall,^ O'M. & H. 127; East Clare, ib. 162 ; 
 Stepney, ib. 179), but the wearer must provide it for 
 himself. The playing of a band of music, or of a single 
 musical instrument, the exhibition of a torch, flag or 
 banner, and the lending of one or several musical instru- 
 ments, torches, flags, or banners, is also not illegal, if the 
 person possesses same, or manufactures same himself, and 
 receives no valuable consideration in respect thereof.
 
 Election Meetings. 221 
 
 The payment, etc., for bands of music, etc., is illegal as Chap. X. 
 soon as the election has commenced, but up to that time 
 is not illegal {Hexham, 29 Nov. 1892). 
 
 Hat cards, bearing the photographic likeness of the '-^'^i^^^'es. 
 candidate with the words "We're bound to win," "Play 
 up. Swifts," "Vote for James," made for the purpose of 
 being worn in the hat, and so worn and used, have been 
 held to be " cockades or other marks of distinction " 
 {Walsall, 4 O'M, & H. 126, 200) ; but in a later case 
 this decision was questioned, and it was held that cards 
 bearing the words " Men of Clare, remember Parnell " ; 
 "Vote for Redmond," and distributed in the interest of 
 the candidate, but not made or intended to be worn or 
 used as badges, were canvassing cards and not marks of 
 distinction within the above statute, although largely 
 worn in the hats of the candidate's supporters {East 
 Clare, ib. 162) ; and in a still later case the judges 
 differed as to whether certain yellow cards which had 
 been extensively worn, were marks of distinction 
 {Pontefract, ib. 200). The result of these decisions 
 seems to be that a card is not a cockade or mark 
 of distinction, unless expressly made for the pur- 
 pose of being worn or used as a badge or mark of 
 distinction. 
 
 Broad strips of canvas, with the words " Isaacson for Banners. 
 Stepney " upon them, stretched across different streets 
 throughout the constituency, have been held to be 
 "banners" and "marks of distinction," and not merely 
 canvass advertisements {Stepney, 4 O'M. & H. i/Q)- 
 And it would seem that a banner to be within the 
 prohibition as to payment (M.E.C.I.P.A. s. 12) must be 
 a banner used as a mark of distinction, and that all 
 banners whatever are not within that prohibition 
 {Stepney, i\. O'M. & H. 181). Thus, a banner announcing 
 that a room is the committee room of a particular 
 candidate, is not used as a mark of distinction, and 
 therefore, it would seem, is not within the above pro- 
 hibition as to payment {ib). The expense of repairing 
 a roof, which had been damaged by a rope from which 
 an election banner was displayed, has been held not 
 to be a payment on account of a banner within the 
 C.I.P.P.A. s. 16 {Stepney, 4 O'M. & H. 39). 
 
 The police may take possession of flags or banners 
 held or used by persons attending an illegal meeting 
 {R. V. Eursey, 6 C. & P. 81, 86).
 
 Candidate s Preparatioiis for the Poll. 
 
 Chap. X. 
 
 Chairman and 
 his functions. 
 
 Expulsion of 
 disturbers. 
 
 Those who' summon a meeting may lay down the 
 order of the proceedings {R. v. Chester, Archdeaeon of, 
 
 1 A. & E. 345), and it devolves on the chairman to 
 preserve order in the meeting, and to regulate its pro- 
 ceedings {R. V. UOyley, 12 A. & E, 159; Lucas v. 
 Mason, L. R. 10 Exch. 254), so that the object for which 
 the meeting is called may be accomplished {Pedley v. 
 Chapman, 7 Times L. R. 396). He should, as far as he 
 can, insist on the use of decorous and temperate lan- 
 guage ; should endeavour to repress rude or violent 
 interruption or disorder ; and if his appeals and directions 
 are not obeyed by the meeting, he is entitled to declare 
 that "this meeting is now adjourned," or *'at an end," or 
 " closed," and to quit the chair. He should permit anv 
 speaker to challenge his ruling in a proper manner, 
 should put all resolutions and amendments properly 
 proposed and seconded and falling within the scope of 
 the meeting (see Henderson v. Bank of Australasia, 
 45 Ch, D. 330), and in all that he does, he should bear 
 in mind that absolute impartiality is one of the first 
 principles of his office. 
 
 It is by no means easy to draw the line between the 
 circumstances in which the expulsion of a disturber 
 would be held to be justifiable, and those in which it 
 would be held to amount to an assault (see Van-ghan v. 
 Hanipson, 33 L. T. 15). Merely crying out "hear, 
 hear," and putting questions to a speaker, and making 
 observations on his statements (see Wooding v. O.xiey, 
 9 C. & P. i), or expressing, by applause or hisses, the 
 sensations which naturally present themselves at the 
 moment, would not be sufficient to justify expulsion 
 (see Clifford v, Brandon, 2 Camp. p. 369 ; R. v. Forbes, 
 
 2 St. Tr. N. S. p. 960 ; Gregory v. Bninszvick, Dnkc of, 
 6 M. & G. 205) ; but the expression of censure, although 
 it may be noisy, must not be riotous ; and if it be pre- 
 meditated by a number of persons confederated before- 
 hand to cry down the speaker, it becomes criminal {R. v. 
 Forbes, Gregory v. Br?inszviek, Duke of, nbi supf And 
 if a person wilfully disturbs a meeting, and by persistent 
 noises or interruption prevents the object with which 
 such meeting has been convened from being carried out, 
 it would seem to be perfectly lawful to eject him from 
 the meeting, and, if necessary, by force (see Wood v. 
 Leadbitter, 13 M. & W. 838; R. v. Graham, 9 W. R. 
 T^"^), But no unnecessary violence should be used, the
 
 Election Mceti7igs. 223 
 
 person to be removed should be requested to depart Ciiap. x. 
 
 before force is used to eject him {Tullay v. Reed, • 
 
 I C. & P. 6) ; he should, if possible, be removed by- 
 pressure, or in some other peaceable way {Iniason v. 
 Cope, 5 C. & P. 193) ; care should be taken to remove 
 him without injury to his person or clothes, and the 
 ejection should be by, or by the orders of, those who are 
 entitled to the immediate possession of the room ; that 
 is to say, those who have hired it, or to whom it belongs, 
 or has been lent. The person ejected must not be given 
 in charge to the police, unless he has done something 
 amounting to a breach of the peace ( Wooding v. Oxley, 
 9C. & P. I). 
 
 The payment and employment for payment of stewards Stewards and 
 and persons to keep order at an election meeting is Persons to 
 illegal {Ipszvich, 4 O'M. & H. 72); but there is no '^^^^ °^'^''"'' 
 illegality in the employment of unpaid volunteers for 
 these purposes ; and where any serious disorder is 
 apprehended, the proper course is to communicate with 
 the magistrates and police authorities, who, if need be, 
 will swear in a sufficient number of special constables to 
 assist the police in preserving the peace (id. ; Nottingham, 
 I O'M. & H. 246; Salisbury, 3 ib. 134). Under no 
 circumstances should "roughs" be employed {Salford, 
 I O'M. & H. 140 ; Ipszvich, 54 L. T. 624 ; and see 
 Longford, 2 O'M. & H. 13). 
 
 The engagement or employment for payment of a Lecturers and 
 lecturer or speaker to address a public meeting, in speakers. 
 order to promote or procure the election of a particular Employment 
 candidate, is an illegal employment (M.E.C.I.P.A. s. 13), for payment. 
 subjecting the offender to a fine {ib. s, 17, sub. i) ; if the 
 employment be by the candidate or with his knowledge 
 and consent, it is also an illegal practice (//;. sub. 2), 
 which may avoid the election {ib. sub. 8). And the 
 giving of refreshment is only another form of payment 
 {Barroiv-in-Fnrness, 4 O'M. & H. 81). But if the lecture 
 and the lecturer can be kept wholly distinct from the 
 candidate and his impending election, so that the lecture 
 is not given in any way for the purpose of promoting or 
 procuring the election of a particular candidate at a 
 particular election, but is given merely as part of the 
 ordinary work of a political party or association, there is. Travelling 
 it is submitted, no illegality in paying the lecturer. vofuntTer"^ 
 
 The payment of the mere travelling expenses of a lecturers and 
 volunteer lecturer or speaker at an election meeting is speakers.
 
 224 
 
 Candidates Preparations for the Poll. 
 
 Speeches. 
 
 Licence in 
 speech. 
 
 Chap. X. perhaps not illeg-al, but such a payment must not 
 
 include anything in the way of reninneration for the 
 
 speech or lecture, or for refreshment ; although the 
 voluntary gift by the candidate to the lecturer of a 
 night's lodging, a breakfast or dinner, may, it is 
 submitted, be lawfully made. 
 
 Every speaker must be careful that any speech that 
 he may make is in no way slanderous, and every one 
 who seeks to aid the candidate with his pen must see 
 that any report of any meeting, or literary article, is not 
 libellous. The subject is a large one, and beyond the 
 scope of this work ; but some of the leading principles 
 likely to come under consideration in connection with 
 election meetings, may be concisely mentioned as a 
 guide to the reader, who must have recourse to the 
 well-known text-books on the law of defamation for 
 fuller information on the subject. 
 
 Considerable licence in speech is not unusual at 
 (election meetings, but it is clear that the law attaches 
 no especial privilege to speeches uttered at election 
 times. Nor may a person say of another at a public 
 meeting that which he cannot say in private. Slanderous 
 words at a public meeting will support an action in the 
 same manner as if uttered in private {Hariuood v. Astley, 
 I B. & P. N. R. 48 ; Dnncombe v. Daniell, 8 C. & P 222, 
 approved PankJmrst v. Hamilton, 3 Times L. R. 505). 
 
 A speaker has full freedom of speech on matters of 
 ^(/^ comment, public interest and general concern. He may express 
 his honest opinion, however adverse, of the policy or 
 public conduct of any public man, and his comments, 
 if uttered fairly, with an honest purpose, and not 
 maliciously, are not actionable, even though they may 
 affect the reputation of individuals {Davis v. Duncan, 
 L. R. 9 C. P. 396 ; Wason v. Walter, L. R. 4 O. B. 93, 
 94 ; Jenner v. A' Beckett, L. R. 7 O. B. 11 ; Merivale v. 
 Carson. 20 O. B. D. 275). A candidate or an elector 
 may comment on the public life and acts of his 
 opponent, and, in his criticisms, may make imputations 
 on his opponent's motives, provided that such imputations 
 arise fairly and legitimately out of his public life and 
 acts {Parmiter v. Cojiplarid, 6 M. & W. 105 ; and see 
 Campbell v. Spottiszvoode, 3 B. & S. Tj6). But the mere 
 fact that his opponent is also a candidate for election, 
 does not give the speaker a right to discuss all his 
 private life and history. How far electors are entitled 
 
 Fair and bor
 
 Elect io7i Meetings. 225 
 
 to discuss personal matters which affect a candidate's Chap. X. 
 fitness to represent them on a board of guardians or 
 district council, is not clear (see Harivood v. Astley, 
 I Bos. & P.N.R.47 ; Duncombe v. Daniell, 8 C.& P. 222 ; 
 Davis V. Diuican, L. R. 9 C. P. 396; Pankhurst v. 
 Hamilton, 3 Times L. R. 504). But they certainly 
 must abstain from speaking dishonestly, or maliciously, 
 or recklessly of him ( Wilson v. Brown, i Times L, R. 
 412), from making groundless or unfounded charges, 
 and from unnecessarily and improperly imputing to him 
 wicked or corrupt motives for his conduct {Pannitter v. 
 Conpland, 6 M. & W. 105 ; Campbell v. Spottisuioode, 
 
 3 B. & S. 769). 
 
 Thus, a speaker may not falsely charge another with Slanderous 
 the commission of a crime, and therefore may not speeches, 
 falsely charge another with bribery or corruption 
 {Bendish v. Lindsey, 11 Mod. 194 ; Dickeson v. Hilliard, 
 L. R. 9 Exch. 79) ; nor may a speaker utter false and 
 defamatory words in reference to a person in his trade 
 or profession, or which disparage him in an office of 
 public trust. But words which impute immorality or 
 dishonourable conduct, not amounting to a crime or to 
 fraud or dishonesty in business, are not actionable when 
 merely spoken, unless the accusation has caused special 
 damage to the person defamed {Barnett v. Allen, 
 3 H. & N. 1^^ ; Chamberlain v. Boyd, 11 O. B. D. 407). 
 
 A speaker must carefully abstain from using blasphe- Blasphemous 
 
 1 T,-ii 1 -lui ^ words. 
 
 mous words. It is blasphemy, punishable at common 
 law, scoffingly or irreverently to ridicule or impugn the 
 doctrines of the Christian faith ; but any man may, 
 without subjecting himself to 'any penal consequences, 
 soberly and reverently examine and question the truth 
 of these doctrines which have been assumed as essential 
 to it {Shore v. Wilson, 9 CI. & F. p. 524 ; R. v. Carlisle, 
 I St. Tr. N. S. 1033). If the decencies of controversy 
 are observed, it would seem that even the fundamental 
 doctrines of religion may be attacked, without rendering 
 the speaker guilty of blasphemy {R. v. Ramsay & Foote, 
 48 L. T. p. 739; R. V. Bradlangh, 15 Cox C. C. 217; 
 but see Pankhnrst v. Thompson, 3 Times L. R. p. 200) ; 
 it is the mischievous abuse of this state of intellectual 
 liberty, and the wilful intention to pervert, insult, and 
 mislead others, by means of licentious and contumelious 
 abuse applied to sacred subjects, or by wilful misrepre- 
 sentations or artful sophistry calculated to mislead the 
 
 Q
 
 226 Candidate' s Preparations for the Poll. 
 
 Chap. X. 
 
 Seditious 
 words. 
 
 Words 
 amounting to 
 contempt of 
 court. 
 
 ignorant and unwary, which constitute blasphemy 
 R. V. Ramsay & Foote, 48 L. T. p. 736 ; R. v. Bradlangh, 
 15 Cox C. C. 217). And it is actionable, maliciously 
 to assert in a speech that another person has been 
 guilty of the crime of blasphemy {Pankhnrst v. Hamilton, 
 3 Times L. R. 500 ; Pankhnrst v. Soivler, ib. 193). 
 
 Again, a speaker must not use seditious words, or be 
 guilty of sedition. Seditious words may be defined as 
 any words which tend to bring into hatred or contempt 
 the sovereign, the constitution of the realm, or the 
 Houses of Parliament, or to excite the Queen's subjects 
 to attempt the alteration of any matter in church or 
 state as by law established, otherwise than by lawful 
 means (60 Geo. III. & i Geo. IV. c. 8, s. i). To utter any 
 such words is a misdemeanour, subjecting the offender 
 to fine and imprisonment (see R. v. Winterbotham, 
 22 Howell's St. Tr. 823, 875 ; R. v. Cork, Justices of, 
 15 Cox C. C. 149) ; and even if the circumstances do 
 not call for severe punishment, a person guilty of this 
 offence may be required to find sureties for his good 
 behaviour {ex parte Seymojir v. Davitt, 15 Cox C. C. 242 ; 
 12 Ir. L. R. 46). 
 
 It is sedition to speak words defamatory of the 
 sovereign or either House of Parliament, or subversive 
 of law and order, with intent to produce public disorder, 
 or to foment or promote rebellion (60 Geo. III. & 
 
 I Geo. IV. c. 8, s. I ; and see R. v. Collins, 9 C. & P. 456 ; 
 R. v. Bnrdett, i St. Tr. N. S. i ; R. v. Burns, 16 Cox 
 C. C. 355). But there is no sedition in criticising or 
 censuring the servants of the crown, or the adminis- 
 tration of the law, or in seeking redress of grievances, or 
 in the fair discussion of all party questions, if no corrupt 
 or malicious motives are imputed {R. v. Snllivan, 
 
 I I Cox. C. C. 44), and if such discussions are conducted 
 in a calm, quiet, and temperate manner {R. v. Collins, 
 9 C. & P. 461). "The people have a right to discuss 
 any grievances they may have to complain of, but must 
 not cio it in a way to excite tumult " (//;.). 
 
 It is a contempt and misdemeanour to speak words 
 defamatory of any superior court of justice, or of the 
 administration of justice, with intent to obstruct and 
 invalidate its proceedings, to annoy its officers, to 
 diminish its authority and dignity, and to lower it in 
 public esteem ; and such contempts are punishable 
 summarily by the court itself with fine and imprison-
 
 Election Meetings. 22/ 
 
 ment as well as by indictment {R. v. Goi'don, Lord Georq-e, Chap. X. 
 
 22 Howell's St. Tr. 175 ; R. v. Jeff, 15 Vin. Abr. 89 ; 
 
 R. V. Hart & White, 30 Howell's St. Tr. 1131. 1194). 
 But there is no contempt in just criticism on the ad- 
 ministration of the law ; and a speaker may fairly and 
 freely criticise the proceedings of courts of justice and of 
 individual judges, if he do so after the case is over, 
 and without malignity, without imputing corrupt or 
 malicious motives {R. v. Sullivan, 1 1 Cox C. C. 44), 
 and without seeking to bring into hatred and contempt 
 the administration of justice {R. v. White, i Camp. 
 
 359 '^•)-. 
 
 A fair and accurate report in a newspaper of the Reports, 
 
 proceedings of a public meeting, if made and published 
 
 without malice, and not containing anything blasphemous l^'ewspaper 
 (see ante^, p. 225), seditious (see ante, p. 226), or indecent, pXif °^ 
 \s, prima facie, privileged. But the meeting must have meetings. 
 been bo?id fide and lawfully held, for a lawful purpose, 
 and for the furtherance or discussion of a matter of 
 public concern, the publication must be for the public 
 benefit, and the editor or proprietor must, if requested, 
 insert in his newspaper in which the report complained 
 of appeared, a reasonable letter or statement by way of 
 contradiction or explanation of such report, otherwise 
 all privilege is lost (51 & 52 Vict, c. 64, s. 4 ; and see 
 Pankhitrst v. Sozvler, 3 Times L. R. 193 ; Pittard v, 
 Oliver, 1891, i Q. B. 474). The publication of blas- 
 phemous, seditious, and indecent matter cannot be for 
 the public benefit, and cannot therefore, under any 
 circumstances, be justified {R. v. Dnjfy, 9, Ir. L. R. 329 ; 
 ex parte O'Brien, 15 Cox C, C, 180). 
 
 A public newspaper may comment upon, and discuss Libellous, 
 in a fair and bond fide manner, the public conduct of the comments, 
 candidates, their agents, and prominent supporters, and 
 all matters of local interest arising during the contest ; 
 and such comments, though unfavourable, are privileged, 
 and do not amount to a libel. But the distinction cannot 
 be too clearly borne in mind between mere comment 
 (or criticism) and allegation of fact, such as that dis- 
 graceful acts have been committed, or discreditable 
 language used {Davis v. Shepstonc, 11 App. Cas. 190). 
 It is one thing to comment upon or criticise, even with 
 severity, the acknowledged or proved acts of a public 
 man, and quite another to assert that he has been guilty 
 of particular acts of misconduct {ib). 
 
 Q 2
 
 228 
 
 Candidate' s Preparations for the Poll. 
 
 Chap. X, 
 
 Imputations 
 of corrupt 
 conduct. 
 
 Newsvendor 
 of libellous 
 newspapers. 
 
 Printing 
 AND Adver- 
 tising, 
 
 Thus, it is libellous to impute to a solicitor disgraceful 
 conduct in having at an election disclosed confidential 
 communications made to him professionally {Moore v. 
 Terrell, 4 B. & Ad. 870) ; and, though a newspaper may- 
 comment on the fact that corrupt practices extensively 
 prevailed at a recent election, it is not privileged in 
 imputing that a specified individual has been guilty of a 
 particular corrupt practice ( Wilson v. Reed, 2 F. & F. 
 149 ; Diekeson v. Hi I Hard, L. R. 9 Exch. 79) ; nor is the 
 writer of a letter privileged in making such an imputa- 
 tion to a local authority that has neither interest, duty, 
 nor power to deal with the allegation and complaint 
 {Hebditch v. Maclhvaine, 10 Times L. R. 387). A 
 public writer may comment on the distribution of 
 government patronage, and may criticise the fitness of 
 any person to be a member of a board of guardians or 
 district council ; but he may not assert that there had 
 been a corrupt promise or understanding that such 
 person would receive an appointment, or be otherwise 
 rewarded if he always voted according to order {Sey- 
 mour v. Biitterivorth, 3 F. & F. 372). The political 
 address of a candidate, and the conduct of persons 
 attending an election meeting, are fair subjects for bond 
 fide discussion, and unfavourable comments upon such 
 address or conduct are privileged {Davis v. Duncan, 
 L. R. 9 C. P. 396) ; and so is the public career, but not 
 the private life or circumstances, of any candidate 
 {Dunconibe v. Daniell, 8 C. & P. 222). And a public 
 man who calls attention to alleged grievances by 
 speeches at public meetings or otherwise, must be pre- 
 pared to tolerate ridicule, caricaturing, and sneering in 
 a public newspaper ; and to have his assertions con- 
 troverted, and his alleged grievances held up to public 
 derision and condemnation {Odger v. Mortimer, 28 
 L. T. 472). 
 
 A newsvendor is not liable for selling a newspaper 
 containing a libel, if he sold it in the ordinary course of 
 his business, did not know that it contained a libel, if 
 his ignorance was not due to any negligence on his part, 
 and he had no ground for supposing that the newspaper 
 was likely to contain libellous matter {Emmens v. Pottle, 
 I Cab. &E. 553; 16 O. B. D. 354). 
 
 Every bill, placard or poster, having reference to an 
 election of parish councillors, shall bear upon the face 
 thereof the name and address of the printer and pub-
 
 Printing and Advertising. 229 
 
 lisher thereof; and any person printinc^, publishing, or Chap. X. 
 posting, or causing to be printed, published, or posted, 
 any such bill, placard, or poster without such name and f^r?nter,*'etc'.,° 
 address, shall, if he is a candidate, be guilty of an illegal must appear' 
 practice, and if he is not the candidate, shall be liable to on bills, etc. 
 a fine of i?ioo (M.E.C.I.P.A. s. 14). This provision is 
 mainly intended as a check upon anonymous, scurrilous, 
 and untrue placards ; but, though such is its intention, 
 it is not limited in any way, but extends to all bills, etc., 
 having reference to the election ; and if, therefore, the 
 candidate causes any such bill, placard, or poster, to be 
 printed, published, or posted which does not bear upon 
 its face the name and address of the printer and pub- 
 lisher, the election ma)- be avoided {ib. s. 8, sub. 2), 
 unless the candidate gets relief (see post, pp. 330, 345). 
 Except on the application of a candidate, no relief in 
 respect of this offence can be granted, as in the case of 
 other persons the offence is neither an illegal practice, 
 nor an illegal payment, employment, or hiring, and 
 therefore docs not fall within M.E.C.I.P.A. s. 20. A 
 printer, therefore, who omits to print his name, etc., on 
 any poster, etc., having reference to an election, is liable 
 to the above fine oi £\oo\ he may appeal against his 
 conviction (M.E.C.I.P.A. s. 30 ; C.I.P.P.A. s. 54, sub. 2), 
 but is without any remedy under M.E.C.I.P.A. s. 20, 
 {ex parte De Wette, 5 Times L. R. 173) ; and the cases 
 in which relief was granted to a printer, etc. {ex parte 
 Clark, 52 L. T. 260 ; ex parte Ives, 5 Times L. R. 136), 
 must now be considered as having been decided per 
 incnriam. It will be observed also that the provision 
 applies to any poster, etc., " having reference to an 
 election," and that consequently any such poster, etc., 
 printed, etc., months, or even years, before or after the 
 election, may be held to fall within the provision ; 
 though, on the other hand, it is not clear whether 
 " election " is not to be construed, as elsewhere in the 
 Act, as referring to a then impending or current election, 
 and not to one not imminent, or past and gone. As to 
 what is evidence of " printing or causing to be printed," 
 see Bettesiuorth v. Allijighain, 16 O. B. D. 44. 
 
 Bills, placards, and posters may be exhibited and Payment for 
 posted in the usual places in the constituency, or upon ^^^^^^^J"^ 
 or in any shop, window, wall, or place which the owner 
 consents to be so used. But payment must not be 
 made to, nor must any contract for payment be entered
 
 230 Candidate s Preparations for the Poll. 
 
 Chap. X. into with, 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 exhibition 
 of any address, bill, or notice, unless such elector be an 
 advertising agent, and the payment to, or contract 
 with him, be made in his ordinary course of business 
 (M, E.C.I. P. A. s. 4, subs. I, 3). Any payment or con- 
 tract for payment made, either out of the ordinary 
 course of business, or with an elector who is not an 
 advertising agent, for exhibiting bills, etc., whether on 
 his own or any other person's house, hoarding, or pre- 
 mises, or by himself or his servants, is an illegal practice 
 {ib. sub. 2) ; and if an agent of the candidate is guilty 
 of such illegal practice, the election may be avoided 
 (//;. s. 8, sub. 2). Shop-keepers, being electors, cannot 
 therefore be paid for the exhibition of bills or notices. 
 Non-electors may be paid for exhibiting bills, etc., but 
 such payments must not be " colourable," or excessive, 
 or made with the intention of influencing the votes of 
 electors, in any of which cases it would probably be 
 bribery (see Westminster, i O'M. & H. 90 ; as to what 
 is " colourable," see Election Agent, p. 324). 
 "Sandwich- The hiring of "sandwich-men" and bill distributors 
 men" and bdl fQj. <^q_ exhibition and distribution of addresses, bills or 
 IS n u ors. notices, is legal (see per Field, J., in Stepney, 4 O'M. & H. 
 54), but advantage must not be taken of this permission 
 to employ for these purposes additional paid clerks or 
 messengers beyond the authorized number, or the can- 
 didate may find that he has committed an illegal practice 
 (M.E.C.I.P.A. s. 13, sub. I ; s. 17, sub. 2). The proper 
 course appears to be to entrust these duties to an 
 advertising agent or contractor, or master bill distributor. 
 It would seem also that, so far as regards the " adver- 
 tising," though not apparently so far as regards the 
 " distributing," addresses and notices, the persons so 
 employed, if electors, must pursue this calling as their 
 regular, not occasional, means of livelihood, and the 
 contracts with them must be made in the ordinary 
 course of business (ib. s. 4, sub. 3). 
 What is an It will be observed that there is a difference in the 
 
 "address, phraseology of the above provisions. In the earlier 
 noUce,'" and a scction of the Act (M.E.C.I.P.A. s. 4, sub. I ib) ) the words 
 " bill.'placard, are "address, bill, or notice" ; while in the later section 
 or poster." dealing with this subject (s, 14), the words are "bill, 
 placard or poster." The word " bill " appears to be the
 
 Printing and Advertising. 231 
 
 largest word in cither of these phrases ; the words Chap. X. 
 " placard or poster " refer rather to a particular kind of 
 " bill," viz., one capable of being placarded or posted ; 
 and it seems probable that the legislature intended the 
 phrase "address, bill or notice," to include "bill, placard 
 or poster " (see Barrow-in-Furness, 4 O'M. & H. 76). 
 Accordingly, it has been held that a document, being a 
 copy of a letter from a leading statesman, and another 
 document giving reasons why a particular class of voters 
 should vote for a particular candidate, might be lawfully 
 printed, advertised, and distributed, as they fell within 
 the words " address, bill or notice," although it was urged 
 that these documents were not "addresses or notices" 
 because they were not addressed in terms to any person, 
 and did not notify that anything was to happen, or be 
 done {Barrozv-in-Fiirness, 4 O'M. & H. TJ). On the 
 other hand, it has been held that an election handbill 
 urging electors to vote for a particular candidate, and a 
 voter's polling card containing a copy of the ballot paper, 
 and instructions as to marking same, are not " addresses 
 or notices" {Stepney, per Denman, J., 4 O'M. & H. 52 ; 
 contra. Field, J., ib. 54). A printed letter inviting voters 
 to vote for a particular candidate, left at a voter's resi- 
 dence, and a similar bill posted about the constituency, 
 have been held by justices to be "bills, placards or 
 posters," but this decision was not confirmed by the 
 court {Bettcsworth v. AllingJiani, 16 O. B. D. 44) ; and it 
 has since been held that circulars printed on paper of 
 note-paper size, to be sent by post or hand, are not 
 " bills, placards or posters " {Barstozv Division of Essex, 
 5 Times L. R. 159; Shrewsbnry, ib. 160; East Suffolk, 
 ib. 170; Knutsford Division of Cheshire, ib. 170). 
 
 If expense is no object, the address of the candidate What docu- 
 should be most extensively advertised and circulated, ^gfji^be 
 It should be sent to every elector, advertised in every advertised, 
 local paper (at an agreed price), and posted on all usual 
 places throughout the constituency. Shopkeepers and 
 innkeepers should also be requested to exhibit it gratui- 
 tously in their windows. Notices of election meetings 
 should similarly be advertised, circulated, and posted ; 
 and so also should all other notices of importance or 
 interest to the candidate or electors. 
 
 Arrangements can be made with the post-office to Return of 
 return all undelivered circulars, addresses, etc., direct to circulars, 
 the candidate, or to some specified committee room, and
 
 232 Candidate s Preparations for the Poll. 
 
 Chap. X. 
 
 Gratuitous 
 circulation of 
 newspapers. 
 
 And of gene- 
 ral political 
 literature. 
 
 in this manner changes of address, not previously dis- 
 covered, may be ascertained. 
 
 The gratuitous and bond fide circulation of waste 
 copies of a newspaper, free of expense to the candidate, 
 has been held to be, though suspicious, not an illegal 
 practice ; but, at the same time, one of the judges 
 (Cave, J.) advised candidates to take advice before 
 resorting to such a practice in future {Norwich, 27 March, 
 1886: Print. Minn. pp. 67, jS). A newspaper, started 
 to favour the views of a particular candidate or party, 
 which is not distributed gratuitously, but sold in the 
 ordinary course, and which is dropped soon after the 
 election is over, has been held not to be an election 
 expense {Kennington, 4 O'M. & H. 94). 
 
 There appears to be nothing illegal or improper in a 
 political club, society, association, or private individual 
 distributing general political literature at an election, 
 provided such literature deals with the views of a 
 political party generally, and is not directed to the 
 promotion of the election of any particular candidate. 
 But unless the candidate is willing that the club, etc., or 
 private individual, should become an agent for whose 
 acts he may be rendered responsible, he and his agents 
 must not aid in such distribution, nor accept the gift of 
 any such literature however general it may be, nor adopt 
 the distribution, and he and they should also take such 
 steps as may seem desirable to prevent the club, etc., 
 from being- held to be such an aerent. 
 
 D. — Conveyance of Voters to the Poll. 
 
 Statutory 
 Enact- 
 ments. 
 
 Illegal hiring. 
 
 The M.E.C.I.P.A., as adapted by the G.O., R.O. and 
 U.O., is applied to the election of guardians and district 
 councillors by L.G.A. s. 48, sub. 3. 
 
 It is an illegal hiring to 
 
 1. Let or hire, 
 
 2. Lend or borrozv, 
 
 3. Employ or nse, 
 
 for the purpose of the 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 a 
 person keeps or uses for the purpose of letting out for 
 hire (M. E.C.I. P. A. s. 10, subs, i, 2). The offence of
 
 Conveyance of Voters to the Poll. 233 
 
 illegal hiring becomes an illegal practice when com- Chap. X. 
 mitted by the candidate or with his knowledge or 
 consent {ib. s. 17, sub. 2). But a person who hires, 
 borrows, or uses, for the purpose of the conveyance of 
 electors to or from the poll, a prohibited carriage, horse, 
 or other animal, is not guilty of an illegal hiring, unless 
 he knows that its owner is prohibited by the statute 
 from letting, lending, or employing the same for that 
 purpose {ib. s. 10, sub. 2 ; and see Buckrose, 4 O'M, & H. 
 117). 
 
 It is also an illegal practice X.o pay ox contract to pay, \\\iig-s\^xz.c- 
 and knowingly to receive payment, or be party to any ^i'^^- 
 contract for payment, for the conveyance of electors to 
 or from the poll, whether for the hiring of horses or 
 carriages, or for railway fares or otherwise (M.E.C.I.P.A. 
 s. 4, subs. I {a), 2) ; and if the offender be an agent of 
 the candidate, the election may be avoided {ib. s. 8, 
 sub. 2). It is thus an illegal practice to pay, or receive 
 payment, or to contract for payment, for the conveyance 
 of voters to or from the poll, whether by horses or 
 carriages, railway fares or passes, ferry or other boats, 
 steamers, sailing ships, or " otherwise." " Payment " 
 includes pecuniary reward, valuable security, or con- 
 sideration (M.E.C.I.P.A. s. 34; C.I.P.P.A. s. 64), and 
 thus includes refreshment {Barroiv-in-Fnriiess, 4 O'M. & 
 
 H. ^^). 
 
 The difference between the two sections of the Difference 
 M.E.C.I.P.A. (s. 10, subs. I, 2, and s. 4, sub. i a) is one between the 
 
 two sections 
 
 of substance {East Manchester, 4 O'M. & H. 121). Under ^^^ offences, 
 the latter section (s. 4), a payment or contract for 
 payment for the conveyance of electors to or from the 
 poll, is an illegal practice by whomsoever committed, 
 while under the former (s. 10) a letting or hiring for such 
 conveyance of electors is an illegal payment merely, 
 unless the offender be the candidate or his agent ; and 
 this difference naturally invites all parties concerned to 
 endeavour to bring any particular case of conveyance of 
 electors within the section (s. 10), which carries with it 
 the lesser punishment and does not avoid the seat. The 
 earlier section (s. 4) is more general in its terms than 
 the later section (s. 10), and, therefore, in accordance 
 with the rule that where a general intention is expressed, 
 incompatible with a particular intention also expressed, 
 the particular intention is to be considered in the nature 
 of an exception {Chnr chill v. Crease, 5 Bing. iSo; and
 
 234 Candidate s Preparations for tJie Poll. 
 
 Chap. X. 
 
 Voters may 
 be conveyed 
 in borrowed 
 conveyances. 
 
 see Pretty v. Solly, 26 Beav. 610), and with the further 
 rule that an earher gives way to a later passage 
 (Maxwell, 46), any case that falls within s. 10 must, it is 
 submitted, be considered as excepted from s. 4. It may 
 possibly be held that the penalties under the two 
 sections are cumulative, but the better construction 
 seems to be that the later section of the Act (s. 10) 
 qualifies the earlier, and takes the persons therein 
 specifically dealt with out of the general words of the 
 earlier section (s. 4). The word " hiring " does not, it 
 seems, involve of itself by necessary implication a 
 contract for payment {East Manchester, 4 O'M. & H. 
 121). 
 
 There is nothing to prevent the conveyance of voters 
 to or from the poll in carriages, steam vessels, ships, 
 barges or boats, or on horses or other animals, lent 
 gratuitously for the purpose, provided that the same be 
 not kept or used for the purpose of letting out on hire 
 (M. E.C.I. P.A. s. 10, subs. I, 2, ante, p. 232). Nor is the 
 employment of the driver, captain, or person in charge 
 of the borrowed carriage, vessel, etc., an employment 
 contrary to the Act, if their payment or remuneration 
 is made by their respective owners, and not by the 
 candidate or any agent of his. 
 
 The lending must be perfectly bona fide, and not upon 
 any understanding, expressed or implied, that the lender 
 is to receive any reward, valuable security, or payment. 
 Under no pretence must any payment, gift, offer, or 
 promise, either in money or kind, be made by or on 
 behalf of the candidate to the coachman or driver, nor 
 must any person be hired or paid to drive a borrowed 
 vehicle. 
 
 The object for which a horse, carriage, etc., is kept 
 in non-election times seems to govern its loan and 
 use in election times ; and the prohibition appears to 
 be directed against the employment of vehicles, etc., 
 ordinarily hired for the conveyance of passengers, rather 
 than of goods or merchandise, A livery-stable keeper 
 cannot lend a single carriage or horse, nor can he use 
 his own carriage or horse to convey his own friends to 
 or from the poll. A carriage or horse which a person 
 keeps and generally uses for his own trade or pleasure, 
 but which he sometimes lets out for hire, may probably 
 be lent and used, and so also a carriage or horse hired 
 on job and not for the occasion. Farmers, tradesmen,
 
 Conveyance of Voters to the Poll. 235 
 
 and others may safely lend or use the carts, traps, Chap. X. 
 waggons, horses, etc., which they keep for the purposes 
 of their trade, even though they may, on the poll day, 
 hire other vehicles to replace those so lent or used ; but 
 any cart, trap, horse, etc., which is kept for the express 
 purpose of being let out for hire, although the owner 
 occasionally uses it for his own purposes, is clearly 
 prohibited. A country carrier's cart, not used for the 
 conveyance of passengers, and a spring van or cart 
 intended and used for the conveyance of goods or 
 removal of furniture, and only occasionally used for the 
 conveyance of pleasure parties, may perhaps also be lent 
 or used. 
 
 There is no enactment permitting payment for the 
 conveyance of voters whose residences are separated 
 from their polling-place by the sea or a branch or arm 
 thereof, as there is in parliamentary county elections 
 (C.I.P.P.A. s. 48). 
 
 A person is not liable to licence duty under 32 & 33 Exemption 
 Vict. c. 14, or 35 & T)6 Vict. c. 20, by reason only of his ^om licence 
 carriage being used, without payment or promise of pay- 
 ment, for the conveyance of voters to or from the poll 
 (M.E.C.I.P.A. s. 10, sub. 4). 
 
 The M.E.C.I.P.A. expressly permits a carriage, horse, Electors may 
 
 or other animal being let to, or hired, employed, or used P^y ^^"^ ^^^^^ 
 , , , ^ ' . 1 • • • ^ . own convey- 
 
 by an elector, or by several electors at their jomt cost, ance. 
 
 for the purpose of being conveyed to or from the poll 
 (M.E.C.I.P.A. s. 10, sub. 3). An elector may therefore 
 pay for his own conveyance in a public stage or hackney 
 carriage (a coach, omnibus, or cab), or on horseback, or 
 by railway, to or from the poll, and so may several 
 electors at their several or joint cost, though it does not 
 appear that he or they are expressly authorized to hire 
 a boat, or any sea or river-going craft for the same 
 purpose. There is no definition of the term "joint cost," 
 and if two electors hire and proceed to or from the poll 
 in a hackney carriage, and one of them only pays the 
 whole fare, it would seem that the two electors, and also 
 the owner of the carriage, if he knew of the purpose for 
 which it was hired (see Bnckrose, 4 O'M. & H. 117), are 
 each and all guilty of an illegal hiring. If each contri- 
 bute something, but one pay the substantial part of the 
 whole fare, they are probably each similarly guilty. 
 But if one elector bond fide hire a hackney carriage to 
 convey himself to or from the poll, and on his way pick
 
 236 Candidate s Preparations for the Poll. 
 
 Chap. X. 
 
 Relief for 
 
 inadvertent 
 
 offence. 
 
 Prohibited 
 voters should 
 not be 
 brought up. 
 
 Fetchers 
 cannot be 
 paid. 
 
 up another elector and give him a seat in the carriage, 
 without requiring him to pay his share of the cost, it 
 seems doubtful whether either the elector or the owner 
 of the carriage be guilty of an illegal hiring, as the 
 carriage was originally lawfully hired, and the case does 
 not fall within the words of the prohibition. 
 
 Relief in respect of any offence against the above 
 statutory provisions will apparently not be granted, 
 unless under very special circumstances {Chelsea, 2 Times 
 L. R. 374 ; and see post, p. 335). 
 
 Great care must be taken not to bring up any voter 
 who is prohibited by law from voting. Any person who 
 is prohibited by statute from voting is not entitled to 
 vote (L.G. A. s. 44, sub. i) ; and any person who brings up 
 any person, knowing that such person is prohibited by 
 statute from voting, and who thereby induces or procures 
 such person to vote, is guilty of an illegal practice 
 (M. E.C.I. P.A. s. 6, sub. i ; and see Stepney, 4 O'M. & H. 
 178). The person who votes, knowing that he is pro- 
 hibited, is similarly guilty (M.E.C.I.P.A. s. 6, sub. i) ; 
 and if in thus voting he applies for a ballot paper in the 
 name of some other person, whether that name be the 
 name of a person living or dead, or of a fictitious person, 
 he is also guilty of personation (B.A. s. 24). As to 
 who are prohibited from voting, see Chap. III., ante, 
 p. 68). 
 
 Persons (other than the paid clerks and messengers) 
 who fetch voters to the poll cannot be paid (see 
 M.E.C.I.P.A. s. 13, sub. i) ; nor, as refreshment is 
 equivalent to payment {Barrow-in-Fnrness, 4 O'M. & H. 
 78), can they be remunerated or paid for their services 
 with food or drink.
 
 ( -^17 ) 
 
 CHAPTER XI. 
 THE POLL. 
 
 Chap. XI. 
 
 I.— BEFORE THE OPENING OF THE POLL. 
 
 At the Station before 
 Opening the Poll . 238 
 
 Arrival of the presiding 
 officer and poll clerks . 238 
 
 Attendance and posting of 
 constables . . .238 
 
 PAGE 
 
 Arrival of Candidates' 
 
 Polling Agents , . 239 
 
 T/ieir government and con- 
 duct .... 239 
 
 Card of re-adinission to 
 station .... 239 
 
 II.— THE POLL. 
 
 Opening the Poll . . 240 
 
 Sko%ving the empty ballot box 240 
 Arrival of Voters . . 240 
 At what station to vote . 240 
 
 In ivards . . .241 
 
 In polling districts . .241 
 
 Voting at wrong station .241 
 Register conclusive on the pre- 1 
 
 siding officer . • . 241 [ 
 
 In what cases ballot papers I 
 
 shall be refused . . 242 j 
 
 Lunatics, drunkards, aiui 
 
 infirm persons . . 242 
 
 Divisiofi of work in the station 243 j 
 Delivery of Ballot Paper 1 
 
 to Voter . . . 243 { 
 Number on ballot paper . 244 
 Secret Marking by Voter 244 
 Hoiu to be marked . . 245 
 
 For how many to vote . . 245 
 
 Voting twice . . • 246 
 
 Folding up and deposit in 
 
 ballot box . . .246 
 
 No delay is permissible. . 247 
 
 Spoilt ballot paper . .247 
 
 Blind, Jeivish, and illiterate 
 
 voters .... 248 
 Declaration of inability to 
 
 read . . • • 249 
 
 List of votes marked by pre- 
 sidinp- officer . . # 249 
 
 Statutory Questions 
 Meaning of the questiotts 
 How and when to be put 
 Satisfactory answers , 
 False answers 
 Unsatisfactory anszvers 
 Refuscil to answer 
 No other question permissible 
 
 Tendered Votes 
 
 After personation , , 
 
 Form of oath and affirma- 
 tion .... 
 Form of list . 
 Other tendered votes 
 
 250 
 250 
 251 
 251 
 251 
 251 
 252 
 252 
 
 253 
 253 
 
 253 
 254 
 255 
 
 Keeping Order in Station 255 
 
 Persons entitled to admission . 255 
 
 Ejection of offenders . . 256 
 
 No interference zuith voter . 256 
 
 Arrest of personators . . 256 
 Arrest of offenders against 
 
 B. A.s. i . . . 258 
 
 Death of Candidate . 258 
 Does not affect the poll. . 258 
 
 Close of Poll . . . 258 
 No more ballot papers to be 
 
 given out . . . 258 
 
 Deposit in box after the hour, 
 of ballot papers obtained 
 before the hour . . 259
 
 238 
 
 The Poll. 
 
 Chap. XI. 
 
 III.— AFTER THE CLOSE OF THE POLL. 
 
 I'AGE 
 
 Clearing the station 
 
 Sealing up the ballot box . 
 
 /billing Jtp statement and 
 
 account .... 259 
 Form of state?nent . . 260 
 
 Form of ballot paper account 260 
 
 Making 7ip and sealing the 
 packets . . . .261 
 
 Making out list of persons given 
 into custody . . . 262 
 
 Delivery of packets to returni^tg 
 officer .... 262 
 
 At the 
 Station 
 
 BEFORE 
 
 Opening 
 THE Poll. 
 
 Arrival of the 
 presiding 
 officer and 
 poll clerks. 
 
 Attendance 
 and posting of 
 constables. 
 
 I. — Before the Opening of the Poll. 
 
 The B.A., as adapted by the CO., R.O. and U.O., is 
 appHed to the election of guardians and district coun- 
 cillors by L.G.A. s. 48, sub. 3. The provisions of the 
 B.A, have in many cases been materially altered by the 
 above-named orders from those which appear in the 
 B.A. itself, and are consequently cited not from the Act, 
 but from the schedules to G.O. r. 25 ; R.O. r. 24 ; and 
 U.O. r. 25. 
 
 The presiding officer should be at his polling station 
 at least Jialf an hour before the opening of the poll. He 
 should see that his poll clerks are in attendance at the 
 polling station, and that they are posted to their 
 appointed posts in good time before the opening of the 
 poll. If he is a prudent and zealous officer, he has, 
 before the poll day, satisfied himself that each of his poll 
 clerks is conversant with the duties which he, the pre- 
 siding officer, proposes to assign to such clerk, and that 
 there will be no necessity to explain or instruct him as 
 to such duties after the poll has once been opened. 
 
 The presiding officer should also see that the 
 directions for the guidance of voters in voting (form, 
 see ante, p. 176) are placarded outside every polling 
 station and in every compartment of every polling 
 station (B.A. sch. II., note at the head of the directions), 
 and, so far as he can, that they are not defaced or 
 removed during the poll. 
 
 The presiding officer should notice that in addition to 
 the above directions for the guidance of voters in voting, 
 each compartment in his polling station is furnished 
 with a blacklead pencil for marking the ballot-papers ; 
 and, so far as he can, he should see that these pencils 
 are kept sufficiently pointed for use throughout the 
 polling hours. 
 
 The presiding officer should also see that the con- 
 stables on duty at the polling station, and who are 
 subject to his orders throughout the poll, are at their
 
 The Poll. 239 
 
 appointed posts before the opening of the poll. As to CitAp. XI. 
 their duties, sec ante, p. 166. 
 
 The key of the ballot box should be handed to the 
 presiding officer on the evening before the poll, or at the 
 polling station on the day of the poll and in good time 
 before the opening of the poll. The presiding officer 
 should open the ballot box, see that it is in good work- 
 ing order, place it in its proper position, and take out 
 and arrange its contents in convenient positions in the 
 polling station, so as to be at hand and available without 
 loss of time throughout the poll. These contents are 
 specified, a}ite, p. 182. 
 
 The candidates' polling agents may be admitted to arrival of 
 the polling station shortly before the opening of the polung"^^^' 
 poll, but only on each producing to the presiding officer agents. 
 
 his appointment as polling agent duly signed by the 
 
 candidate, and with the declaration of secrecy attached, 
 duly signed by such polling agent, and subscribed by 
 the justice of the peace or returning officer taking the 
 declaration. 
 
 No candidate's polling agent should be allowed to be Their govern- 
 changed during the polling. Any agent wishing to "^™| ^^^ 
 retire and return should first apply to the presiding 
 officer for permission to do so, and, if granted, should 
 receive from him a card of re-admission, filled up and 
 signed by the presiding officer, on delivery up of which 
 he may be re-admitted to the station. The presiding 
 officer must be careful only to allow the same agent to 
 re-enter the station, he should require each polling 
 agent to remain in his allotted seat, he should not allow 
 any polling agent to hold any secret communication 
 with any voter or person, he may, it is submitted, prevent 
 any polling agent from taking his marked register out 
 of the polling station before the poll has closed ; and for 
 a breach or disregard of any lawful order, the presiding 
 officer (but not the poll clerk) may order the polling 
 agent to be removed from the station {ste post, p. 256.) 
 
 The card of re-admission to the polling station may Card of re- 
 be in the following form :— admission to 
 ° station. 
 
 Union. 
 Parish of [or Ward of the Parish of or United 
 
 Parishes of .] 
 
 Election of Guardians and District Councillors, December, 1894. 
 Please re-admit Mr. to station No. in polling district 
 
 No. 
 
 (Signed) S. T. 
 
 Presiding Officer.
 
 240 
 
 The Poll. 
 
 CHAr. XI. 
 
 II.— The Poll. 
 
 Opening 
 THE Poll 
 
 Showing the 
 empty ballot 
 box. 
 
 The opening of the poll must not be delayed after the 
 hour at which it opens by reason of the absence of the 
 presiding officer or his poll clerk ; but must be com- 
 menced and proceeded with by the one in attendance, 
 and the fact of the absence should at once be notified to 
 the returning officer, so that a substitute may, as soon as 
 possible, be provided. 
 
 Just before the commencement of the poll, the pre- 
 siding officer 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 (B. A. r. 23) during the 
 continuance of the poll. Once sealed, the ballot box 
 must on no account be again opened during the poll ; 
 nor during the poll must it be taken out of the station 
 for any purpose whatever. An elector who is too infirm 
 to get into the polling station, is not entitled to have the 
 ballot box brought to the door of the polling station to 
 enable him to vote. 
 
 Having arrived at the polling place, an elector, whose 
 name is in the register of parochial electors and who is 
 not prohibited from voting by statute, may enter the 
 station to vote, polling station to vote (L.G.A. s. 44, sub. i). No person 
 shall be admitted to vote at any polling station except 
 the one allotted to him (B. A. r. 18) ; except that a 
 police constable who, on the day of election is, or is 
 likely to be, sent or employed in the discharge of his 
 duty so as to prevent him voting at the polling station 
 at which he would otherwise be entitled by law to vote, 
 shall, on the production and delivery up to the presiding 
 officer of any polling station of the proper certificate of 
 his chief constable, be allowed to vote at that station 
 (50 & 51 Vict. c. 9, s. 2, subs. I, 2 ; as to who is a 
 " constable," and a " chief constable," see sub. 4). Such 
 certificate shall be forthwith cancelled by the presiding 
 officer (/^.), but must not be destroyed, as, at the close 
 of the poll, it has to be dealt with in the same manner 
 as the counterfoils of ballot papers (see No. 4, post, 
 p. 261). This enactment merely supersedes the pro- 
 hibition in B.A. r. 18 ; it docs not dispense with any 
 
 Arrival of 
 Voters. 
 
 At what
 
 The Poll. 241 
 
 other provision of the B.A., and the constable's number Chap. XI. 
 
 must therefore be entered on the counterfoil and a mark 
 
 placed against his number in the register, as in the case 
 of any ordinary voter. 
 
 If the parish, or urban district, is divided into wards, in wards. 
 an elector shall not be permitted to vote in more than 
 one ward (G. O. r. 31, par. 2 ; R. O. r. 31, par. 2 ; U. O. 
 r. 29, par. 2 ; L.G.A. s. 48, sub. 2 (ii.), (iii.), and see ante, 
 p. 71). 
 
 If the parish, or urban district, or ward of the parish, I" polling 
 or urban district, is divided into polling districts, each ^^^^t"^^^- 
 elector shall give his vote in the polling district in which 
 the property in respect of which he is entitled to vote is 
 situate, and if it is situate in more than one polling 
 district, he may vote in any one, but in one only, of the 
 polling districts in which it is situate (G. O. r. 14, par. 2 ; 
 R. O. r. 13, par. 2 ; U. O. r. 13, par. 2). 
 
 The above prohibition against voting at any other Voting nt 
 than the voter's allotted station has been argued to be ^^"^"^"S station, 
 directory merely and not prohibitory ; and it has been 
 held that if the voter is admitted to vote at the wrong 
 polling station he does not thereby lose his vote 
 {Middlesex, 2 Peck. 57 ; ace. Cambridge, W. & D. 55 ; 
 Male, 144). But, in a subsequent case, a vote given at 
 the wrong polling station was struck off, on the ground 
 that although the presiding officer should have refused 
 the vote, and directed the voter to go to the proper 
 station, yet that it was the fault of the voter as well as 
 of the presiding officer {Oldham, i O'M. & H. 165). 
 
 The presiding officer must satisfy himself that the Register con- 
 elector presenting himself to vote is on the register prgJidhia" ^^^ 
 (L.G.A. s. 44, sub. i), and that the station over which he officer, 
 presides is that to which such elector is allotted (B. A. 
 r. 18) ; but he has no authority to inquire into the 
 capacity to vote of any voter on the register who may 
 apply to him for a ballot paper (see M'Gozuan v. Sedley, 
 8 Ir. C. L. R. 342). The register is conclusive on the 
 presiding officer, and he is not entitled to refuse to 
 deliver a ballot paper to an elector whose name is on 
 the register, even though such elector be wrongly on the 
 register, or be prohibited from voting by any statute, or 
 by the common law, and be therefore liable to have his 
 vote cut off on a scrutiny {Worcester, 3 O'M. & H. 185 ; 
 Stowe V. Jolijfc, L. R. 9 C. P. 734, 750). Nor is the 
 presiding officer entitled to refuse to deliver a ballot 
 
 R
 
 242 
 
 The Poll. 
 
 Chap. XI. 
 
 In what cases 
 ballot papers 
 shall be 
 refused. 
 
 Lunatics, 
 drunkards, 
 and infirm 
 persons. 
 
 paper to an elector whose name is erroneously given on 
 the register, if he be satisfied of the identity of the 
 elector applying to vote with the person whose name 
 appears on the register {R. v. Thzuaites, i E. & B. 704 ; 
 Sligo, W. & D. 227 ; Tminton, Falc. & F. 295 ; Oldham, 
 I O'M. & H. 152, 153 ; and see Statutory Questions, 
 post, p. 250). 
 
 The presiding officer must refuse to deliver a ballot 
 paper to a person : — 
 
 (i.) Whose name is not on the register of parochial 
 electors assigned to vote at his polling station 
 (unless he be a police constable producing the 
 certificate of his chief constable entitling him 
 to vote at any polling station), or against 
 whose name an asterisk (*) is placed, with the 
 foot note, " Not for voting ;" 
 (2.) Who refuses to answer the statutory questions, or 
 either of them, or who refuses to take the 
 oath or affirmation, if required to be put or 
 taken {sqq post, pp. 250, 253) ; 
 (3.) Who appears by his answers or oath not to be the 
 same person whose name appears on the 
 register of voters, or who appears to have 
 voted before at the present election ; 
 but must supply them to all other voters. A voter who 
 applies to vote at the wrong polling station should be 
 directed by the presiding officer to the proper station 
 {Oldham, I O'M. & H. 165). 
 
 If a lunatic, a drunkard; a childish person, a deaf and 
 dumb or infirm man, present himself to vote, the right 
 to vote seems to depend on his capacity at the moment of 
 voting to understand what he is about to do. If a lunatic 
 is sufficiently compos mentis, a drunkard sufficiently sober, 
 a childish person, or a deaf and dumb or infirm man, of 
 sufficient capacity, by writing or by signs, to show that 
 he understands the purpose for which he has come to the 
 polling station, the presiding officer would certainly not 
 be justified in refusing to allow him to vote (Heyw. Co. 
 260, 261 ; Perkins, s. 25 ; Rog. 120 ; Cunn, 97 ; Election 
 Agent, 354 ; Bridgzvater, i Peck. 108 ; Oakhampton, 
 I Eraser, 162). If any candidate's polling agent or 
 parochial elector requires the statutory questions, oath, 
 or affirmation to be put to such voter, the voter must 
 further be able to satisfy the presiding officer that he 
 understands the nature of the statutory questions, the
 
 The Poll. 243 
 
 obligation of an oath, and the temporal dangers of per- Ciiai'. XI. 
 
 jury, and must, by the means aforesaid, be able satis- 
 
 factorily to answer such questions, and to take the oath 
 
 or affirmation (see ib) Upon these requirements being 
 
 satisfactorily fulfilled, the voter may receive a ballot 
 
 paper, but as the question of the competency of the 
 
 voter is apparently one of fact for the presiding officer 
 
 to decide at the time, he should carefully satisfy himself 
 
 of the fact, so as to be able to explain and justify his 
 
 decision should it thereafter be called in question. The 
 
 votes of voters who are incapacitated by blindness, or 
 
 other physical cause, from voting by ballot are marked 
 
 for them by the presiding officer {<,qq post, p. 248). 
 
 It is no part of the function of a candidate's polling 
 agent, or of a parochial elector, to interfere with the 
 presiding officer in the acceptance or rejection of votes, 
 or in the delivery of, or refusal to deliver, ballot papers. 
 The time to question the presiding officer's decision in 
 any of these respects is on a scrutiny in an election 
 petition. 
 
 The presiding officer makes his own arrangements for Division of 
 dividing the work in the station. In populous districts ^^'°''^ ^" '^^ 
 it is impossible for the presiding officer to do by himself 
 all that is necessary, and in such districts he should, as 
 a general rule, leave his poll clerks to attend to the 
 various practical details, reserving to himself the exercise 
 of a general supervision, and only interfering in cases of 
 any difficulty or disturbance {Pickering v. James, L. R. 
 8 C. P. 489, 499). But where this is impossible, and 
 where the presiding officer is compelled to take a share 
 in the practical details, the best arrangement is for the 
 poll clerk to take charge of the register, and to seat 
 himself on that side of the presiding officer that is nearer 
 the entrance, and for the presiding officer to take charge 
 of the ballot papers and stamping instrument, and for 
 both to proceed as follows : — 
 
 The voter, having entered the station, will be directed Delivery 
 by the constable to the poll clerk, who will ask the voter p^pj-j, ^^ 
 his name, and, having ascertained that the voter's name Voter. 
 
 is in the register for the station, will call out the voter's 
 
 number, name, and description, as stated in the register, 
 and will make a mark (a short horizontal line is the best) 
 in the margin against the voter's name in the register, to 
 show that he has received a ballot paper (see B.A. s. 2, 
 and r. 24). While the poll clerk is doing this, the 
 
 R 2
 
 244 
 
 The Poll. 
 
 Chap. XI. 
 
 Number on 
 ballot paper. 
 
 Secret 
 Marking by 
 Voter. 
 
 presiding officer will write on the counterfoil the voter's 
 number on the register, together with the distinguishing 
 mark, if any, of the part of the register in which the 
 number occurs (B.A. s. 2), will detach the ballot paper 
 from the counterfoil, will stamp the ballot paper with the 
 official mark, taking especial care that each ballot paper 
 is stamped separately and distinctly, and that the mark 
 is visible on botJi sides of the ballot paper (want of 
 attention in these respects may render the presiding 
 officer or poll clerk, delivering out the ballot paper, liable 
 to a candidate who thereby loses the election ; Pickering 
 v. James, L. R. 8 C. P. 489 ; Thornbnry, 16 O. B. D., 
 752), and also taking care that the ballot paper is not 
 stamped upon or over the space on the right hand side 
 left for the voter's mark, and will then hand the ballot 
 paper to the voter within the polling station (see B.A. 
 s. 2, and r. 24), If there be time, it is convenient to fold 
 each ballot paper in four, lengthwise and crosswise, and 
 to open it again before delivering it to the voter. Care 
 must be taken that one ballot paper only is detached at 
 a time, and that one ballot paper only is given to each 
 voter. No mark of any kind is to be put upon the ballot 
 paper by the presiding officer, or poll clerk, except the 
 official mark, and none upon the counterfoil except the 
 above-named number in the register. The calling out 
 of the voter's number, name, and description is in order 
 that all present may know that the person, being or 
 claiming to be the individual so named, has applied for 
 and is about to receive, a ballot paper, and thus to 
 give facility for proof in case of alleged personation 
 {TJiornbiiry, 16 0. B. D. 739, 748). 
 
 The candidates and their polling agents have no right 
 to know, and ought not to be allowed to see or learn, the 
 number on the back of a ballot paper delivered to a voter 
 {TJionibnry, 2 Times L. R. 486). Although the ballot 
 papers are usually numbered and used consecutively, it 
 has been said to be prudent and proper not to use them 
 consecutively in any one polling station {ib.). 
 
 Having received a ballot paper, the voter shall forth- 
 with proceed into one of the compartments in the polling 
 station, ajid there secretly mark his paper (B.A. s. 2 and 
 r. 25) with the pencil provided in the compartment, by 
 placing a cross (X) on the right hand side of the ballot 
 paper opposite the name of each candidate for whom he 
 votes (B.A. sch. II., directions to voters, ante, p. 176).
 
 The Poll. 245 
 
 If the arrangements of the station offer facilities to the Chap. XI. 
 
 voter to show his marked ballot paper to other persons, 
 
 and he does not in fact avail himself of such facilities, 
 the vote will not be bad, nor the election avoided 
 {Drogheda, 2 O'M. & H. 205) ; but if he does so avail 
 himself, so that he cannot be said to have secretly 
 marked his vote, it would seem that the vote is a bad 
 vote, and that, if a majority of the electors who have 
 gone to the poll have similarly disregarded the provisions 
 of the B.A., the election may be declared to be void (see 
 Woodward v. S arsons, L, R, lo C. P. 733). A voter who 
 deliberately marks his ballot paper openly instead of 
 secretly, violates B.A. s. 2, and rr. 25, 28, and in a 
 provision that is mandatory upon himself; and if this 
 be done in view of the presiding officer, it is submitted 
 that the latter should refuse to admit the ballot paper 
 into the ballot box (see Thornbnry, 16 O, B. D. 739; 
 Pickering v. James, L. R, 8 C. P. 489), and that unless 
 the voter can satisfy the presiding officer that he has so 
 inadvertently marked his ballot paper as that it has 
 become a spoilt ballot paper within B.A. r. 28, the 
 presiding officer should refuse to give the voter a second 
 ballot paper. The only case in which a presiding officer 
 is empowered to deliver a second ballot paper to the 
 same voter, is where the first ballot paper has become a 
 spoilt ballot paper. 
 
 The regulations as to how to mark the vote should be How to be 
 observed. The vote is, however, not necessarily invalid '"^^'^ • 
 if the mark be made with an instrument other than a 
 pencil ; nor if the mark be a mark other than a cross ; 
 nor if the mark be not made on the right hand side, or 
 precisely in the space left for the mark {see posi, p. 281), 
 but there must be a mark clearly indicating the candi- 
 date for whom the voter wishes and intends to vote 
 {Cirencester, 4 O'M. & H. 196). If the voter write or 
 mark upon the ballot paper anything by which he can 
 be identified (B.A. s. 2 ; IVoodzvard v. Sarsous, L. R. 10 
 C P. 7Z3) \ oi' if he so mark his ballot paper as that it is 
 void for uncertainty, it will not be counted (B.A. r. 36). 
 
 The voter may give one vote and no more for each of For how 
 any number of persons not exceeding the number to be ™^"y ^° ^°^^' 
 elected (L.G.A, s. 20, sub. 4 ; s. 23, sub. 4 ; s. 24, sub. 4) ; 
 but if he mark his ballot paper with votes for more 
 candidates than he is entitled to vote for, his ballot 
 paper will be void, and not counted (B.A. s. 2). The
 
 246 
 
 The Poll. 
 
 Chap. XI. second vote of a person who votes twice at the same 
 ■ — ■ election is bad, and will be struck off on a scrutiny 
 {Stirlingshire, Falc. & F. 541) ; and so also if a voter, 
 who is entered twice in the register under different 
 names, vote twice {Oldham, i O'M. & H. 156) ; he may 
 also be guilty of personation (B.A. s. 24). In a parish, 
 or urban district, divided into wards, a voter shall not 
 be permitted to vote in more than one ward (see a7ite, 
 p. 71) ; if, nevertheless, he does vote in more than one 
 Voting twice, ward, the second vote is bad in any case, but the first 
 vote is good, unless given under such circumstances as 
 to render the voter guilty of personation (see Stepney, 
 4 O'M. & H. 43 ; ace. St. Andreivs, ib. 32). A voter 
 cannot vote for one candidate, and then vote a second 
 time for another candidate, though having two votes 
 {Bridgivater, i Peck. 109 ; ace. Bedford, Falc. & F. 438 ; 
 Bath, W. & D. 146 ; and see the second statutory ques- 
 tion and the oath and affirmation, /^^i-/, pp. 250, 253). A 
 police constable cannot vote more than once, under 
 penalty of personation (50 & 51 Vict. c. 9, s. 2, sub. 3). • 
 As to when voting twice amounts in other cases to 
 personation, see Election Agent, p. 434. 
 Folding up Having thus secretly marked his ballot paper, the 
 
 and dqjosit in voter shall fold it up so as to conceal his vote, but so as 
 to show the official mark on the back, and, leaving the 
 compartment, shall, 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, shall put his ballot paper, so folded up, 
 into the ballot box (B.A. s. 2, and r. 25) ; he shall vote 
 without undue delay, and shall quit the polling station 
 as soon as he has put his paper into the ballot box (B.A. 
 r. 25). The presiding officer, or the clerk deputed by 
 him, is bound to look at the ballot paper, and to see 
 that the official mark is on its back before the voter 
 puts it into the box {Pickering v. James, L. R. 8 C. P. 489 ; 
 Thorn bury, 16 O. B. D. 752) ; and, if he then sees that 
 inadvertently a ballot paper has been delivered out with- 
 out the official mark, he can at once rectify the inadver- 
 tence by informing the voter of the omission, cancelling 
 the unstamped paper (being first satisfied that it is, in 
 fact, the genuine paper delivered out to the voter), and 
 by delivering out to him another paper, duly stamped, 
 upon which he may effectually record his vote {Thorn- 
 bury, 16 O. B. D. 759). What course the presiding officer 
 
 ballot box.
 
 The Poll. 247 
 
 should take, if the voter insists on putting into the ballot Chap. XI. 
 
 box a ballot paper which the presiding officer thinks is 
 
 void for want of the official mark, is an unsettled ques- 
 tion ; it may be, that though irregular, the presiding 
 officer is bound to admit it, leaving it to the returning 
 officer on the counting of the votes to decide whether it 
 ought to be rejected {ib) ; and it may be that the pre- 
 siding officer should prevent it from being put into the 
 ballot box (see 5. C., 2 Times L. R. 488) ; until the 
 point is settled, the former seems to be the more prudent 
 course for the presiding officer to take. If instead of 
 placing in the ballot box the ballot paper " folded up so 
 as to conceal his vote," the voter, after he has left the 
 compartment, exhibits his marked ballot paper, or 
 attempts to place it unfolded into the ballot box, the 
 presiding officer may, it is submitted, refuse to admit the 
 ballot paper to the ballot box, as in the case of a voter 
 who marks his ballot paper openly instead of secretly 
 (see ante, p. 245). 
 
 The presiding officer should not allow any undue delay No delay is 
 in voting to take place, and if the voter does not quit P^'^^^^^bl^- 
 the polling station as soon as he has put his ballot paper 
 into the ballot box (B.A. r. 25), he may, after being 
 ordered to leave by the presiding officer, be removed by 
 order of the presiding officer {ib. s. 9), but not of a poll 
 clerk {ib. r. 50). 
 
 A voter who has inadvertently dealt with his ballot Spoilt ballot 
 paper in such manner that it cannot be conveniently P^P^"^- 
 used as a ballot paper, may, on delivering that ballot 
 paper to, and proving the fact of the inadvertence to the 
 satisfaction of, the presiding officer, obtain another ballot 
 paper, and the spoilt ballot paper shall be immediately 
 cancelled (B.A. r. 28), but must not be destroyed, as it 
 has to be made up into a packet with the unused ballot 
 papers, and delivered to the returning officer (B.A. r. 29, 
 sub. 2 ; and see No. 2, post, p. 261). 
 
 If the voter inadvertently mark the ballot paper 
 wrongly, i.e., if intending to mark it for A. he mark it 
 for B., he may treat his ballot paper as a spoilt ballot 
 paper, and apply to the presiding officer for another. 
 This he must, of course, do before he has deposited the 
 ballot paper in the ballot box, for until then, but not 
 afterwards, he is entitled to correct his mistake {Stirling- 
 shire, Falc. & F. 542) ; and compare Tannton, ib. 299 ; 
 Monmouth, K. & O. 413). In such circumstances he is
 
 248 The Poll. 
 
 Chap. XI, not to be directed to vote upon a tendered ballot paper, 
 
 as the case does not fall within the words or meaning of 
 
 the rule relating to tendered ballot papers (B.A. r. 27, 
 stQ post, p. 253). 
 
 Blind, Jewish, If the VOter — 
 
 voter«^^'^^^^^ (I.) Is incapacitated, by blindness or other physical 
 cause, from voting in manner prescribed by 
 the Act ; or, 
 (2.) Verbally declares (if the poll be taken on a 
 Saturday) that he is of the Jewish persuasion, 
 and objects on religious grounds to vote in 
 manner prescribed by the Act ; or, 
 (3.) Makes a declaration that he is unable to read ; 
 the presiding officer shall, on the application of the voter, 
 and in the presence of the agents of the candidates 
 (B.A. r. 26), or such of them as are in attendance 
 {ib. r. 55), but apparently excluding the constables, and 
 certainly all other voters, they not being under the 
 declaration of secrecy, cause the voter's ballot paper to 
 be marked as directed by him, and placed in the ballot 
 box (//;. r. 26). Before marking a vote in any of the 
 three above cases, the presiding officer must take due 
 steps to secure secrecy ; he must either clear the station, 
 or take such other steps as he may deem requisite to 
 prevent any other voter, and any constable, from know- 
 ing how and for whom the vote is given. It seems that, 
 when the poll is taken on a Saturday, a Jew who is 
 unable to read, may, on making the above-mentioned 
 verbal declaration of his religious disbelief, vote without 
 also making the declaration of inability to read, because 
 on that day his ballot paper may be marked for him by 
 the presiding offi.cer ; but that he must make the latter 
 declaration when the poll is taken on any other day of 
 the week. The declaration of inability to read must be 
 read to the voter by the presiding officer, and must be 
 signed by the voter with his mark, in the presence of the 
 presiding officer, who must sign the certificate at the foot 
 of such declaration (see the form, infra). These declara- 
 tions must not be placed in the ballot box ( JVoodxuard 
 V. Sarsons, L. R. 10 C. P. 733), but must, after the close 
 of the poll, be made up into a packet with certain other 
 documents (B.A. r. 29, sub. 5 ; see No. 5, post, p. 261). 
 The name and number of every voter whose vote is so 
 marked, and the reason, shall be entered on " The list of 
 votes marked by the presiding officer " {ib. r. 26).
 
 The Poll, 
 
 249 
 
 The form of declaration of inability to read is given Chap. XI. 
 in B.A. sell. II., and is as follows : — ^ , 
 
 Declaration 
 I, A. B., of , lieing numbered on the register of i)arochial of inability to 
 
 electors for the parish of do hereby declare that T am unable to read, 
 
 read. A. L'., his mark. 
 
 The day of December, 1S24. 
 
 I, the undersigned, being the presiding ofl'icer for the polling 
 
 station for the parish of [or united parishes of or 
 
 ward of the parish 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) CD., 
 Presiding officer for polling station 
 
 for the parish of [or united 
 
 parishes of or ward of the 
 
 parish of .] 
 
 The day of December, 1S94. 
 
 In an election of urban district councillors, the last 
 clause of this declaration shall be as follows : — 
 
 I, the undersigned, being the presiding officer for the polling 
 
 station for the urban district of [or ward of the urban 
 
 district 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 urban district of ] or 
 
 ward of the urban district of .] 
 
 The day of December, 1S94. 
 
 The following is a form of the list of votes marked by List of votes 
 the presiding officer :— marked by 
 
 ^ •=• presidmg 
 
 Union of . officer. 
 
 Parish of [or ward of the parish of or united 
 
 parishes of .] 
 
 Election of Guardians and District Councillors, December, 1894. 
 Polling District, No. 
 Polhng Station, No. 
 
 List of Votes Marked by the Presiding Officer. 
 
 
 
 Reason why the Vote was so marked. 
 
 Number 
 
 on the 
 
 Register. 
 
 Name of Voter. 
 
 Blindness or 
 
 other Physical 
 
 incapacity (state 
 
 what.) 
 
 Jews. 
 
 Unable to 
 read. 
 
 
 } 
 
 iSigncd) 
 
 S. T. 
 Presiding Officer.
 
 2^0 
 
 The Poll. 
 
 Statutory 
 Questions. 
 
 Chap. XI. The column for Jews in the above form may be omitted 
 
 if the poll take place on any day other than a Saturday. 
 
 The presiding officer may, and if required by any 
 
 parochial elector of the parish or any polling agent, shall, 
 
 put to any elector at the time of his applying for a ballot 
 paper, but not afterwards, the following questions, or one 
 of them, and no other : — 
 
 (rt.) Are you the person entered in the parochial 
 register for this parish \o7' ward] as follows 
 \j-ead the ivhole entry from the register^ ? 
 {b.) Have you already voted at the present election 
 of guardians [or rural district councillors] in 
 this or any other parish or ward in the 
 
 union \or rural district of ] ? 
 
 (G.O. r. 20, par. i ; R.O. r. 19, par. i). 
 
 In the case of a parish united wnth any other parish 
 for the election of guardians or rural district councillors, 
 the questions shall be as follows : — 
 
 {a.) Are you the person entered in the parochial 
 register for one of the united parishes, viz., 
 the parish of , as follows [read 
 
 the wJiole entry from the register"]} 
 {b.) Have you already voted at the present election of 
 guardians [or rural district councillors] in 
 either of the united parishes of 
 and , or in any other parish or 
 
 ward in the union [or rural district 
 
 of ]? 
 
 (G.O. r. 32, par. 2 ; R.O. r. 31, par. 2). 
 
 In an election of urban district councillors the 
 questions shall be as follows : — 
 
 {a) Are you the person entered in the parochial 
 
 register for the parish of [or for 
 
 the ward] as follows [read the 
 
 ivhole entry front the register] ? 
 
 (/;.) Have you already voted at the present election of 
 
 urban district councillors for the urban district 
 
 of [in this or any other ward] ? 
 
 (U.O. r. 19, par. i). 
 
 Meaning of The first of the above two questions is as to the 
 
 the questions, identity of the person and not as to the identity of name. 
 
 The inquiry is not whether the voter's name is A. B., 
 
 but whether he is the person whose name (whatever that 
 
 may be) is entered as A. B. He is not asked whether 
 
 the name on the register is his real name, but whether
 
 The Poll. 251 
 
 he is the person whose name appears in the register. Chap. XI. 
 The person actually registered may therefore safely 
 answer this question, although his name is incorrectly 
 stated in the register (A', v. T/nvaites, i E. & B. 704 ; 
 Sligo, W. & D. 227 ; Taunton, Falc. & F, 295 ; Oldham, 
 I O'M. & H. 152, 153) ; or although it be a totally 
 different name from the real name of the voter, provided 
 it was intended by that name to designate the voter and 
 no one else ; and in such a case the voter may apply for 
 a ballot paper, and may answer the questions (see the 
 first question), and vote in the name by which he 
 appears on the register {R. v. Fox, 16 Cox C. C. 166, 168). 
 Therefore, a ballot paper must not be refused on account 
 of any mere misnomer or inaccurate description in the 
 register, if the presiding officer be satisfied of the 
 identity of the person applying to vote with the person 
 whose name appears in the register. 
 
 The above questions must be asked in the very words How and 
 of the rule {2nd Canterbury, K. & O. 326) ; they should JJ^^^^'^ ^° ^^ 
 be calmly and deliberately proposed, and the presiding 
 officer should take care that the voter, in making his 
 reply to the questions, is protected from interruption or 
 interference. The presiding officer may put the questions 
 of his own motion, and without the demand of a parochial 
 elector or candidates' polling agent (see R. v. Spalding, 
 Car. and Marsh. 56S). 
 
 If the above questions are satisfactorily answered by Satisfactory 
 the voter, the presiding officer cannot refuse to allow the answers, 
 voter to vote ; and if he do refuse, he may render 
 himself liable to a criminal prosecution for the breach of 
 a public duty, even though he knew that the voter has 
 answered falsely {Prjcc v. Belcher, 4 C. B. 2>66) ; he 
 must leave it to the candidates and their agents to take 
 notice of the false answers, and to apply to strike off the False answers, 
 vote on a scrutiny. The presiding officer is no judge of 
 the falsehood, and must allow a voter who has answered 
 the questions to vote, even though he knows or believes 
 that the voter's answers are false. 
 
 If the answers are qualified or are unsatisfactory, the Unsatisfactory 
 presiding officer should endeavour to get from the voter ^°^^^^'^^- 
 a definite answer before giving him, or refusing to give 
 him, a ballot paper. But if the questions are sub- 
 stantially, though not categorically, answered, the voter 
 should, it seems, be allowed to vote. At a parliamentary 
 election a voter answered to the third question as to
 
 252 
 
 The Poll. 
 
 Refusal to 
 answer. 
 
 Chap. XL qualification (allowed by 2 & 3 Will. IV. c. 45, s. 58, but 
 
 now repealed by 6 & 7 Vict. c. 18, s. 80) that "he had 
 
 land at S. and always had " ; the deputy returning officer 
 rejected the vote, on his principle of rejecting the votes 
 of all persons who did not reply " Yes " or " No," and 
 the committee held that the officer was wrong, and put 
 the vote upon the poll {Momnonth, K. & O. 414). In a 
 similar election, a voter to the same question answered, 
 " I should say yes," and the committee decided that the 
 voter ought to have been allowed to vote {Neiv Sar?im, 
 P. & K. 255). If the voter is rejected for not properly 
 answering the questions, and again tenders himself and 
 offers to answer the questions, he should not be refused 
 by the presiding officer, but should be permitted to vote 
 {Taunton, Falc. & F. 305) ; and thus it will be observed 
 that the refusal to answer the questions at one period of 
 the day does not act as a disqualification at another. 
 
 If the voter decline to answer, or abstains from 
 answering, the question or questions which he has been 
 required to answer, he shall not receive a ballot paper, 
 or be permitted to vote (G.O. r. 20, par. 2 ; R.O. r. 19, 
 par. 2 ; U.O. r. 19, par. 2). And if by his answers he 
 makes it appear to the presiding officer that he is not 
 the person entered in the parochial register, or that he 
 has already voted at the election, the presiding officer 
 should refuse to give him a ballot paper (see ib. par. i). 
 The inability of an idiot, lunatic, childish person, or 
 drunkard to answer the questions, may be treated as a 
 refusal within the above rule ; but a deaf or dumb, or 
 infirm man, if he can by writing or signs make himself 
 understood, is not to be treated as unable or refusing to 
 answer the questions (see ante, p. 242). 
 
 No question or inquiry as to the right of any person 
 to vote other than the above two questions can be put 
 (see G.O. r. 20, par. i ; R.O. r. 19, par. i ; U.O. r. 19, 
 par. i) ; nor are any other dealings with, or inquiries of, 
 the voter permissible. The voter must not be asked, for 
 example, to spell his name, nor must he be refused a 
 ballot paper if there be any variance between his spelling 
 of his own name and that on the register {Canterbury, 
 K. & O. 134). So, also, an inquiry as to whether the 
 voter votes in respect of an old or a new qualification is 
 illegal {Bedford, C. & R. 87 ; P. & K. 139) ; and a voter 
 may not be asked if he has been bribed, or whether he 
 has done anything which, if he does vote, will render 
 
 No other 
 question 
 permissible.
 
 The Poll. 253 
 
 him liable to a prosecution ( Worcester, 3 O'lNI. & Cum-. XI. 
 H. 187). 
 
 If a person, representing himself to be a particular Tendered 
 elector named on the register, applies for a ballot paper Vote^ 
 after another person has voted as such elector, the After per 
 applicant shall, upon duly answering the questions sonation. 
 above mentioned \antc, p. 250), and upon taking the 
 oath undermentioned, which the presiding officer shall 
 administer, receive from the presiding officer a tendered 
 ballot paper, which tendered ballot paper such person 
 shall be entitled to mark in the same manner as any 
 other voter, but which, instead of being put into the 
 ballot box, shall be given to the presiding officer and 
 endorsed by him \\\\\\ 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 return- 
 ing officer ; and the name of the voter and his number 
 on the register shall be entered on the tendered votes 
 list (B. A. r. 27). 
 
 The oath shall be administered in the following Form of oath 
 
 c and nffirma- 
 
 form :— tion. 
 
 You do swear that you are the same person whose name appears as 
 A. B. on the register of parochial electors for the parish of \pr 
 
 ward of the parish of ], and that you have not already voted at 
 
 the present election of guardians \or rural district councillors] in this 
 or any other parish or ward in the union \or rural district. 
 
 So HELP YOU God. 
 
 A person entitled to affirm in lieu of taking an oath 
 may affirm in the following form : — 
 
 I, A. B., do solemnly, sincerely, and truly declare and affirm that I 
 am the same person whose name appears a.s A. B. on the register of 
 parochial electors for the parish of [07- ward of the parish of ], 
 
 and that I have not already voted at the present election of guardians 
 [or rural district councillors] in this or any other parish or ward in the 
 unions [or rural district]. 
 
 (B. A. r. 27). 
 
 In an election of urban district councillors the oath 
 and affirmation shall be as follows : — 
 
 You do swear that you are the same person whose name appears as 
 A.B. on the register of parochial electors for the parish of in 
 
 this district [or on that part of the register of parochial electors for 
 the parish of as relates to this ward] and that you have not 
 
 already voted at the present election for this district [add, in case of 
 an dcction for a icard, in this or any other ward]. 
 
 So HELP YOU God.
 
 2 54 
 
 The Poll. 
 
 Chap. XI. Provided that any person entitled to affirm in lieu of 
 taking an oath may affirm in the following form : — 
 
 I, A.B., do solemnly, sincerely, and truly declare and affirm that I am 
 the same person whose name appears as A.B. on the register of 
 parochial electors for the parish of in this district [or on that 
 
 part of the register of parochial electors in the parish of as 
 
 relates to this ward], and that I have not already voted at the 
 present election for this district [add, in case of an election for a 
 -ward, in this or any other ward]. 
 
 (B. A. r. 27). 
 
 Form of list. The tendered votes list may be in the following 
 form : — 
 
 Union. 
 
 Parish of [or Ward of the Parish of , or United 
 
 Parishes of 
 
 Election of Guardians in the year 1S94. 
 
 Polling District No. 
 Polling Station No. 
 
 PisT OF Tendered Votes 
 
 Number on the Register. 
 
 Names of Voters. 
 
 
 
 (Signed) .S". 7:, 
 
 J 'residing Officer, 
 
 These tendered ballot papers are not to be used in 
 any other case than that of a voter who applies to vote 
 after another person has voted in his name. 
 
 The tender does not seem to be complete until the 
 voter has answered the questions and taken the oath, 
 and the onus appears to be on him to demand that they 
 be put and administered. The onus does not seem to 
 be upon the presiding officer, and clearly it is not upon 
 the candidates' polling agents. On a scrutiny, the vote 
 of the person personating will be struck off, and the 
 vote of the person tendering added {Oldham, i O'M. & 
 H. 152; St. Andreivs, 4 ib. 32). The omission of the 
 presiding officer to indorse the voter's name, etc., v/ill 
 not invalidate the vote (Stepney, ib. 43) ; but if the voter 
 puts the tendered ballot paper into the ballot box 
 instead of giving it to the presiding officer, his vote is
 
 TJic Poll. 255 
 
 bad {Bitckrose, ib. 115). If by mistake of the poll clerk, Chai>. xi. 
 
 a voter whose register number is 504, receives a ballot 
 
 paper as number 540, thus compelling- the voter whose 
 number is 540 to vote on a tendered ballot paper, both 
 votes will be held good on a scrutiny, as neither voter is 
 to be held disentitled to vote by reason of the clerk's 
 mistake {Cirencester, 4 //;. 194). 
 
 If the presiding officer wrongfully refuse to deliver a other ten- 
 ballot paper to any elector entitled to a ballot paper, dered votes, 
 such elector should tender his vote, and it may, perhaps, 
 then be added on a scrutiny {Southampton, P. & K. 226 ; 
 Tannt07i, Falc. & F. 305). The question of whether a 
 tender has or has not been sufficiently made, is one of 
 fact to be determined by the evidence in each particular 
 case {Harivich, i Peck. 396 ; Neiv Windsor, K. & O. 
 173) : the voter must see that the tender is well-made 
 and to the proper officer {Warrington, i O'M. & H. 45). 
 
 The presiding officer shall keep order at his station , Keeping 
 he shall regulate the number of electors to be admitted 9*^°^^ ^^ 
 at a time, and shall exclude all unauthorized persons •'''^^'^^^ 
 (B. A. r. 21). The returning officer is also bound to 
 take proper measures to secure order {Coventry, P. & K. 
 345 ; C. & R. 289), and may give into custody, forthwith 
 and without a warrant (Male, 122), persons disturbing 
 the proceedings at the poll, and may order them to be 
 taken before the magistrates to be bound over to keep 
 the peace {Spilsbury v. Micklezvaite, i Taunt. 146). 
 Magistrates present or within call, and having jurisdic- 
 tion, are bound to exert their authority to preserve the 
 peace and freedom of election (Male, 116); and the 
 police and magistrates may also call in the aid of the 
 public or bystanders, for " every man is an officer to see 
 the peace kept whereby a disturbance may be pre- 
 vented " (Glan. 143). 
 
 The only persons whom the presiding officer can admit Persons en- 
 to the polling station are the poll clerks, the candidates' ^^^^'^'^ ^° ^'^' 
 polling agents (each of whom may be required by the 
 presiding officer to exhibit, but not to deliver up, his 
 appointment, or to give other evidence thereof, and of 
 his identity) ; the constables on duty ; the candidates, 
 provided they do not interfere with the polling or 
 otherwise misconduct themselves (B. A. s. 9 ; Clementson 
 V. Mason, L. R. 10 C. P. 209) ; and such number of 
 electors as the presiding officer may determine to admit 
 at a time (B. A. r. 21).
 
 256 
 
 The Poll. 
 
 Chap. XI. 
 
 Ejection cf 
 offenders. 
 
 No inter- 
 ference with 
 voter. 
 
 Arrest of 
 personators. 
 
 The presiding officer (but not the poll clerk ; B. A. 
 r. 50) may order any constable in or near his polling 
 station, or any other person authorized in writing by the 
 returning officer, immediately to remove any person who 
 misconducts himself in the polling station, or who fails 
 to obey the lawful orders of the presiding officer ; and 
 the person so removed, even if he be a candidate 
 {Cleinentson v. Mason, L. R. 10 C P. 209), or a can- 
 didates' polling agent {Bolton, 2 O'M. & H. 138), shall 
 not, unless with the permission of the presiding officer, 
 again be allowed to enter the polling station during the 
 day (B. A. s, 9). But these powers 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 {ib). If the 
 person so removed is charged with the commission in 
 the polling station of any offence, he may be kept in 
 custody until he can be brought before a justice of the 
 peace \ib.). In case of confusion, or the intrusion of too 
 many j^ersons, the presiding officer (but not the poll 
 clerk ; B. A. r. 50) may order the polling station to be 
 cleared and order to be restored before proceeding with 
 the poll (see Worcester, 3 O'M. & H. 188). 
 
 The presiding officer should take care that no person 
 whosoever interferes with, or attempts to interfere with, 
 a voter when marking his vote, or otherwise attempts to 
 obtain in the polling station information as to the candi- 
 date for whom any voter in such station is about to vote, 
 or has voted, and that no person directly or indirectly 
 induces any voter to display his ballot paper after he 
 has 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 (B.A. s. 4). Every person 
 who acts in contravention of B.A. s. 4 shall be liable, on 
 summary conviction, to imprisonment for six months 
 with or without hard labour (B.A. s. 4 ; and as to the 
 prosecution for this offence, see Election Agent, p. 475). 
 The presiding officer must also see that the provisions 
 of B.A. s. 4 (see ante, p. 198) as to the maintenance of 
 secrecy are observed, and must remember that those 
 requirements apply to all votes given under any circum- 
 stances, and whether marked by the presiding officer or 
 by the voter. 
 
 Inasmuch as it is the duty of the returning officer to 
 prosecute any person whom he may believe to have been
 
 The Poll. 
 
 257 
 
 guilty of personation, or of aiding, abetting, counselling, Chap. xr. 
 
 or procuring the commission of the offence of persona- 
 
 tion (B.A. s. 24 ; as to the prosecution for this offence, 
 see Election Agent, p. 458), the presiding officer (but not 
 the poll clerk ; B.A. r. 50) may order the arrest of any 
 person whom he may reasonably believe, on fair grounds, 
 to have been guilty of such offence in his polling staticn, 
 and may further order that such person be kept in 
 custody until he can be brought before a justice of the 
 peace (B.A. s. 9). In this case the presiding officer must 
 exercise his own judgment ; when the parochial elector 
 or candidates' polling agent exercises his power of 
 requesting the arrest of a personator, as mentioned 
 passim, the presiding officer has merely to see that such 
 elector or agent brings himself within the Act, and he 
 then proceeds as therein enacted. 
 
 If at the time any person tenders his vote, or after he 
 has voted, and before he leaves the polling station, any 
 parochial elector or candidates' polling agent shall 
 declare to the presiding officer, that he verily believes, 
 and undertakes to prove, that the said person so voting 
 is not in fact the person in whose name he assumes to 
 vote or to the like effect, then the presiding officer (but 
 not the poll clerk ; B.A. r. 50) shall, immediately after 
 such person shall have voted, by w^ord of mouth, order 
 any constable or other peace officer to take the said 
 person so voting into his custody ; but the presiding 
 officer shall not be entitled to reject the vote of any 
 person who shall answer in the affirmative the statutory 
 questions, and shall take the oath or make the affirma- 
 tion ; and the presiding officer (or his poll clerk ; B.A. 
 r. 50) shall cause the words " protested against for per- 
 sonation," to be placed against the voter's name in the 
 marked register {6 %i y Vict. c. 18, s. %6 ; B.A. s. 24)-. 
 The offender is then taken before two justices, or if one 
 only can be found, before such one, by whom he may be 
 admitted to bail {6 %i y Vict. c. 18, s. 'i'j ; B.A. s. 24). 
 On the hearing of the charge, the justices, if satisfied on 
 the evidence of not less than two credible witnesses of 
 the truth of the charge, may commit the offender to trial 
 (6 & 7 Vict. c. 18, s. 88 ; B.A. s. 24) ; or if not so satis- 
 fied, or if the parochial elector or polling agent making 
 the charge does not appear, the justices may award com- 
 pensation to the person charged, to be levied by distress 
 on the goods of the parochial elector or polling agent or 
 
 S
 
 ;58 
 
 The Poll. 
 
 ClIAP. XI. 
 
 Arrest of 
 offenders •■ 
 against B. A. 
 s. .■;. 
 
 Death of 
 Candidate. 
 
 Does not 
 affect tlie poll 
 
 Close of 
 Poll. 
 
 No more 
 ballot papers 
 to be given 
 out. 
 
 his candidate, or by action of debt {(:> ^ 7 Vict. c. i8, 
 s. 89 ; B.A. s. 24). 
 
 The presiding officer docs not seem bound to order 
 the arrest of persons for offences against B.A. s. 3 
 (forging, counterfeiting, fraudulently defacing, or destroy- 
 ing any ballot paper, or the official mark thereon, sup- 
 plying any ballot paper to any person without due 
 authority, fraudulently putting into the ballot box any 
 other than the authorized ballot paper, fraudulently 
 taking out of the polling station any ballot paper, 
 without due authority destroying, taking, opening, or 
 interfering with any ballot box, or packet of ballot 
 papers), but he is apparently entitled to order such an 
 arrest, or the detention of an offender, if he see fit, and 
 if the offence is committed in his polling station. So 
 far as he can, he should prevent the commission of any 
 of these offences, and he is clearly entitled to order the 
 removal from the station of any person whom he, on 
 reasonable grounds, suspects to be, or to be about to be, 
 an offender against this provision (B.A. s. 3), An inge- 
 nious system whereby B.A. s. 3 was violated, and the 
 way in which voters had voted was ascertained and 
 communicated to the committee rooms, and whereby the 
 polling agents became liable to punishment, will be 
 found in the Bolton case (2 O'M. & H. 142). 
 
 There is no provision for the case of the death of the 
 candidate after the poll has been opened. The returning 
 officer should therefore take no notice of the death of a 
 . candidate after the poll has been opened, but should 
 proceed as if he were alive, and, if elected, should include 
 his name in his declaration of the result of the poll. A 
 casual vacancy will then arise, and a bye-election be held 
 in due course (see ante, p. 156). 
 
 The poll must be kept open until the exact hour (the 
 first stroke of the clock) at which it is to be closed, and 
 this hour is determined by Greenwich mean time, not 
 local time (43 & 44 Vict. c. 9, s. i). It is not sufficient 
 to close the door of the polling station at such hour, but 
 no ballot papers must be given out, nor must any votes 
 be received, after that hour {Gribbin v. Kirkei', y l^- 
 R. C. L. 30, and see KnaresborongJi, 2 P. R. & D. 2 1 1 ; 
 R. V. Islington Churchwardens of , 26th Oct. 1891), unless 
 from voters who have obtained admission to the polling 
 station and have applied for ballot papers before such 
 hoMT {Worcester, z O'M. & H. 189); as to striking off 
 on a scrutiny votes received after the poll has closed,
 
 The Poll, 259 
 
 see Election Agent, p. 360. Once closed the poll cannot Chap. XI. 
 be reopened (Glan. 72). As to when an election is 
 avoided by closing the poll at other than the statutory 
 hour, see Election Agent, p. 371. 
 
 The view above expressed (viz. that voters who have Deposit in 
 received ballot papers before the hour at which the poll box after the 
 closes, may be allowed to mark and deposit them in the papers°ob-''^^°'^ 
 ballot box after that hour), though sometimes questioned, tained before 
 is, it is submitted, sound, and presents the only practi- ^^e hour. 
 cable course under the circumstances. The application 
 for a ballot paper before the poll has closed is the tender 
 of a vote (see B.A. s. 15), which tender the voter is, it is 
 submitted, entitled to complete in ordinary course by 
 depositing the ballot paper in the ballot box though 
 shortly after the statutory hour, as seems to have been 
 permitted to the three literate \-oters in the Worcester 
 case (3 O'M. & H. 189). The presiding officer cannot 
 refuse to deliver a ballot paper to a voter so applying, 
 nor can he recall a ballot paper once delivered. The 
 voter is not entitled to take his ballot paper out of the 
 polling station (see B.A. ss. 2, 3) ; the presiding officer 
 has to account to the returning officer for every ballot 
 paper intrusted to him, and the statute does not con- 
 template his accounting for them except under one of 
 the four heads of ballot papers used, unused, spoilt, or 
 tendered after personation (B.A. r. 30). The allowing 
 of ballot papers issued before the hour at which the poll 
 closes to be deposited in the ballot box shortly after that 
 hour, is, therefore, in the present state of the law, the 
 safest course for the presiding officer to take ; and even 
 if this be not strictly legal, it probably would not be 
 held to invalidate the election. 
 
 III. — After the Close of the Poll. 
 
 Upon the poll being closed, the presiding officer clearing the 
 should at once clear his station of all persons, except his station. 
 poll clerks, the candidates, their polling agents, and any 
 constables whom the presiding officer may think it 
 desirable to retain in the station. 
 
 He will then cover over the opening in and seal up the Sealing up 
 ballot box, so as to prevent the introduction of additional the ballot 
 ballot papers (B. A. s. 2). ^°^: 
 
 He will next fill up and sign the statement of the stitentellf and 
 number of votes marked by the presiding officer and account. 
 
 S 2
 
 i6o 
 
 The Poll. 
 
 Chap. XI. the ballot paper account. The following is a form of the. 
 former document : — 
 
 Form of state- 
 ment. 
 
 Form of 
 ballot paper 
 account. 
 
 Union. 
 Parish of 
 
 or united 
 
 [<);■ ward of the parish of 
 
 parishes of ]. 
 
 Election of Guardians [and District Councillors], December, 1894. 
 Polling District, No. 
 Polling Station, No. 
 
 Statement of Number of Votes Marked iiy the 
 Presiding Officer. 
 
 Physical Incapacity. 
 
 Jews. 
 
 Unable to Read. 
 
 
 
 
 (Signed) 
 
 ^. T. 
 
 rrcsidiit- 
 
 Officer. 
 
 In this form, the column for Jews must be retained, 
 but if the poll take place on any day other than a. 
 Saturday, it will be filled up " None." The number in 
 each column should agree with the totals of each column 
 in the list of votes marked by the presiding officer (see 
 ante, p. 249). 
 
 The following is a form of the ballot paper account : — 
 
 Union. 
 Parish of 
 
 \or 
 
 or united 
 
 ward of the parish of 
 parishes of 
 
 Election of Guardians [and District Councillors], December, 1S94 
 Polling District, No. 
 Polling Station, No. 
 
 Ballot Paper Account. 
 
 Number of ballot papers received from returning 
 
 officer (exclusive of tendered ballot papers) 
 Number unused .... 
 Number spoilt . . . j 
 
 Balance, being the number of used ballot papers 
 which ought to be in the ballot box . 
 
 Tendered Ballot Paper Account. 
 
 Number of tendered ballot papers received from 
 returning officer ...... 
 
 Number unused .... 
 
 Number spoilt 
 
 Balance, being the number of tendered ballot 
 papers used and in Packet No. 4 • 
 
 (Signed) S. T. 
 
 Prcsidin;^ Officer,
 
 The Poll. 261 
 
 The presiding officer will next, in the presence of Chap. xi. 
 
 such agents of the candidates as are in attendance ■ 
 
 {B. A. r. 55), make up into separate packets, sealed with 
 his seal {/I?, r. 29) : — 
 
 1. The ballot box unopened, but with the key attached Making up 
 
 (B. A. r. 29), and with the opening sealed up 'i^^;'^^, 
 {ib. s. 2). ^ 
 
 2. The unused (ordinary and tendered) ballot papers 
 
 with their counterfoils, and the spoilt ballot 
 papers, placed together (B. A, r. 29). If a 
 ballot paper book be partly used, it must be 
 cut, so that the counterfoils of all the unused 
 ballot papers, with the ballot papers attached, 
 may be put into this packet. 
 
 3. The tendered ballot papers used (B. A. r. 29). 
 
 4. {a) The marked copy of the register of parochial 
 
 electors ; {b) the counterfoils of the ballot 
 papers used (B. A. r. 29), both ordinary and 
 tendered ; and (r) the chief constable's certi- 
 ficates of constables who voted at the pre- 
 siding officer's polling station (50 & 51 Vict. 
 c. 9, s. 2, sub. 2). The marked register should 
 be sealed up separately from the counterfoils 
 and chief constable's certificates, but all should 
 then be enclosed in one packet {Stozve v. 
 Jolijfe, L. R. 9 C. P. 446). If a ballot paper 
 book be partly used, it must be cut, so that 
 the counterfoils of all the ballot papers used 
 may be put into this packet ; but not the 
 counterfoils of unused ballot papers, which 
 latter must be put into packet No. 2. 
 
 5. (^r.) The tendered votes list ; {b^ the list of votes 
 
 marked by the presiding officer ; (<r.) the state- 
 ment of the number of the voters whose votes 
 are so marked by him ; and {d) the declara- 
 tions of inability to read which have been 
 filled up and used (B.A. r, 29). 
 The presiding officer should also make up into separate 
 packets and seal with his own seal : — 
 
 6. The ballot paper account, correctly filled up and 
 
 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 
 (B.A. r. 30).
 
 262 
 
 The Poll. 
 
 Chap. XI. 
 
 Making out 
 list of persons 
 given into 
 custody. 
 
 Delivery of 
 packets to 
 returning 
 officer. 
 
 7. The appointments of presiding officer and poll 
 clerks. 
 
 If any person has been given into custody at his 
 station, the presiding officer should also make out and 
 enclose in an envelope, indorsed and sealed by him, a 
 return stating {a^ the names and descriptions of the 
 persons arrested ; (/;.) the offence with which they were 
 respectively charged ; (c.) the name of the officer by 
 whom they were charged, and stating whether such 
 officer be the presiding officer, a candidates' polling 
 agent (and if so, which), a poll clerk, a constable, or a 
 parochial elector ; (d) the facts and grounds on which 
 the charge is based ; (^.) any remarks, facts, and circum- 
 stances that the presiding officer may deem it useful or 
 desirable to state. 
 
 Lastly, the presiding officer, with one or more of his 
 poll clerks, as he deems necessary, shall forthwith 
 proceed to the hall, or other appointed place, and there 
 deliver to the returning officer, or deputy returning 
 officer by whom the votes are to be counted, the ballot 
 box and the above-mentioned packets (B.A. r. 29) ; and 
 he should also deliver to him the stamping instrument, 
 the unused declarations of inability to read, the Penta- 
 teuch and Testament, and all the unused forms, cards, 
 paper, and stationery supplied to his station. 
 
 The duties of the presiding officer and his poll clerks 
 are then at an end.
 
 ( 263 ) 
 
 CHAPTER XII. 
 
 CiiAr. XII. 
 
 COUNTING THE VOTES AND DECLARATION 
 OF RESULT. 
 
 PAGE 
 
 Returning Officer at Count- 
 ing OF Votes . . 264 
 Appointnicnt and paiocrs of 
 deputy at election of guard- 
 ians .... 264 
 At election oj ttrban district 
 
 coniicillors . . . 264 
 
 At election of rural district 
 councillors . . . 265 
 
 Preparations for Count- 
 ing .... 265 
 Preparing the counting hall . 265 
 Its furniture . . . 266 
 
 J/ode of counting . . 267 
 
 Instructions to assistants . 268 
 Instruction to chief assistant 271 
 Xotice of counting . . 274 
 
 Attendance to receive ballot 
 boxes and packets . . 275 
 
 Hours of Counting . . 276 
 Custody of ballot papers and 
 doc7cments . . .276 
 
 Proceedings at Counting . 276 
 JVho may be present . .276 
 
 Recording, mixing, and 
 
 counting the ballot papers . 277 
 Precautions as to secrecy . 279 
 Separation of good Jrotn bad 
 or doubtful 7'otes . . 279 
 
 Objection to Ballot Paper 
 Jurisdiction of returning 
 officer . . . 279 
 
 Construction of the P. A. . 280 
 Mandatory enactments . 280 
 Directory enactments . 281 
 Pallot papers which shall be 
 rejected .... 2S2 
 
 1. Want of official mark . 282 
 
 2. Voting J'or more candi- 
 dates than entitled to . 283 
 
 Objection to Ballot Paper 
 — continued. 
 
 3. Writing or mark by 
 which 7'oter can be iden- 
 tified .... 283, 
 Pallot papers held to be 
 
 bad . . . 284 
 
 Pallot papers held to he 
 good . . .289 
 
 4. Unmarked ballot papers 299 
 
 5 . Void for nncevtainty . 299 
 Indorsement on rejected ballot 
 
 paper . . . .305 
 
 Adjournment of Counting 305 
 
 Votes wrongly Cast up . 305 
 
 Votes erroneously couiited or 
 
 rejected .... 306 
 
 Casting Vote . . . 306 
 
 Sealing up the Packets . 307 
 
 Verification of ballot paper 
 
 accounts . . . 307 
 
 Statement of result . ' 307 
 
 Declaration of Result . 308 
 Where candidate alleged to be 
 
 disqualified . . . 309 
 
 Written declaration of result . 309 
 Sending declaration to return- 
 ing officer . . -311 
 Publication of Result of 
 
 Elections . . -311 
 Custody axd Destruction 312 
 
 Inspection 312 
 
 Expenses of Election . 312 
 Guardians and rural district 
 
 councillors . . • 3^~ 
 
 Urban district councillors . 312 
 Where polls are taken togtther 313 
 Wards . . . .313 
 
 United parishes . . -314 
 
 Scale of expenses , . -314
 
 ;64 Counting tlic Votes and Dcxlaration of Result. 
 
 Chap. XII. 
 
 Returning 
 Officer at 
 Counting 
 OF Votes. 
 
 Appointment 
 and powers 
 of deputy at 
 election of 
 guardians. 
 
 At election of 
 urban district 
 councillors. 
 
 The B.A., as adapted and altei-ed by the G.O., R.O., and 
 U.O., is applied to the election of guardians and district 
 councillors by L.G.A. s. 48, sub. 3). The provisions of 
 the B.A. have, in many cases, been materially altered by 
 above-named orders from those which appear in the 
 B.A. itself, and are consequently cited not from that Act 
 but from the schedules to G.O. r. 25 ; R.O. r. 24; and 
 U.O. r. 25. 
 
 If at an election of guardians the poll for the election 
 of guardians for the parish and any poll for the election 
 of urban district councillors are not to be taken together, 
 the returning officer, if he does not himself count the 
 votes, shall appoint some person to act as deputy return- 
 ing officer for the parish as regards the custody and 
 opening of the ballot boxes, the counting and recording 
 of the votes, and the declaration of the number of votes 
 given for each candidate, and of the election of the 
 candidate or candidates to whom the largest number of 
 votes has been given (G.O. r. 21, par. i). The person 
 so appointed shall, in addition to his other powers and 
 duties, have all the powers and duties of the returning 
 officer in relation to the matters aforesaid, and to the 
 decision of any question as to any ballot paper, and 
 otherwise as to the ballot papers (ib.) The returning 
 officer shall not himself count the votes in more than one 
 urban parish in the union {ib.) Where the returning 
 officer for the election of urban district councillors is the 
 deputy returning officer for the election of guardians, as 
 proxided in G.O. r. 13, par. i, he shall also be deputy 
 returning officer for the purposes referred to in G.O. 
 r. 21, par. i (G.O. r. 21, par. 2). 
 
 If at an election of urban district councillors the 
 returning officer appoints a person to act as deputy 
 returning officer for the district as regards the custody 
 and opening of the ballot boxes, the counting and 
 recording of the votes, and the declaration of the number 
 of votes given for each candidate, and of the election of 
 the candidate or candidates to whom the largest number 
 of votes has been given, the person so appointed shall, 
 in addition to his other powers and duties, have all the 
 powers and duties of the returning officer in relation to 
 the matters aforesaid, and to the decision of any question 
 as to any ballot paper, and otherwise as to the ballot 
 joapers (U.O. r. 20, par. i). If polls for the election 
 both of urban district councillors and c^uardians are taken
 
 Counting tJie Votes and Declaration of Result. 265 
 
 together, the same person shall discharge the duties Chap. xir. 
 
 referred to in paragraph (i) of this rule in relation to 
 
 both elections {ib. par, 2). 
 
 When, at an election of rural district councillors, the At election of 
 returning officer docs not act as a presiding officer at any '^"'^^1 district 
 polling station for the parish, he shall appoint the ''°""""°''- 
 presiding officer, or some one of the presiding officers, to 
 act as deputy returning officer for the parish, as regards 
 the custody and opening of the ballot boxes, the counting 
 and recording of the votes, and the declaration of the 
 number of votes given for each candidate, and of the 
 election of the candidate or candidates to whom the 
 largest number of votes has been given (R.O. r. 20, 
 par. I ; P.O. r. 30, par. i). The person so appointed shall, 
 in addition to his other powers and duties, have all the 
 powers and duties of the returning officer in relation to 
 the decision of any question as to any ballot paper, and 
 otherwise as to the ballot papers {ib). Provided that, if 
 the parish is divided into wards for the election either of 
 rural district councillors or of parish councillors, but not 
 for both elections, or, if the parish is so divided for both 
 elections, and the wards are not the same for both 
 elections, one deputy returning officer shall act under 
 this rule for the whole of the parish {ib.) The same 
 person shall act as deputy returning officer in respect of 
 the election both of rural district councillors and of any 
 parish councillors to be elected at the same date for the 
 parish (R.O. r. 20, par. 2 ; P.O. r. 30, par. 2). 
 
 The returning officer has several preparations to make PKErAKA- 
 to enable him properly to conduct the counting of the "ons for 
 votes. He shall provide such things, appoint and pay Counting. 
 -such officers, and do such other acts and things as may Preparing the 
 be necessary for effectually (B.A. s. 8) counting the counting hall. 
 votes and ascertaining the result. This involves the 
 consideration of the place of counting, the requisites for 
 counting, and the mode and manner of counting. 
 
 There is no requirement that the place of counting at 
 an election of guardians, shall be in the union, or in some 
 place near thereto (see G.O. r. 21, par. 3) ; but at an 
 election of rural district councillors, the place of counting 
 shall be in the parish, or in some place near thereto 
 (R.O. r. 20, par, 3) ; and at an election of urban district 
 councillors, it shall be in the district, or in some place 
 near thereto (U.O. r. 20, par. 3). The room or hall in 
 which the votes are counted may be large or small
 
 266 Counting the Votes and Declaration of Result. 
 
 Chap. XII. according to the number of electors, and the number of 
 candidates, and as consequent thereon, the number of 
 officials ; but it should be of ample size to accommodate, 
 without overcrowding, all persons entitled to attend, and 
 who are likely to be present. The returning officer may 
 use, free of charge, for the purpose of counting the votes, 
 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 any person or body 
 of persons, corporate or unincorporate, having control 
 over the same, on account of its being used for the 
 purpose of counting the votes as aforesaid (L.G.A. s. 48. 
 sub. 3 {a) ; B.A. s. 6). 
 Its fuiniuiie. The accounts, papers and things with which the place 
 of counting shall be furnished, and the mode and manner 
 in which the votes shall be counted, are entirely in the 
 discretion of the returning officer. The practice varies 
 in almost every election, and no definite plan applicable 
 to all can be laid down, as so much depends on the 
 number of the electors, the number of the candidates, 
 and the abilities and previous experience of those 
 appointed to count the votes. The following remarks 
 may, however, be of assistance to the returning officer 
 and his advisers in making the necessary arrangements. 
 The place of counting should be furnished with a 
 number of chairs and tables proportionate to the number 
 of electors in the constituency. Too much subdivision 
 of the work will probably delay rather than hasten it ; 
 but, subject to this, the more counting assistants and 
 tables there are, the quicker will the counting be accom- 
 plished. These tables should be placed in convenient 
 positions, with sufficient space between each to pass and 
 repass, and each table should be numbered and labelled 
 (Table No. i, etc.), and should be furnished with pens, 
 ink, and blotting-paper. 
 
 At the top of the room or hall, and if possible on a 
 raised dais, should be placed three tables for the re- 
 turning officer, his legal adviser (if any), and his chief 
 counting assistant. The tables of the returning officer 
 ;_ ^.. and of such legal adviser should be furnished with pens, 
 
 "'" ' ink, and blotting-paper, and any law books that may be 
 
 required for reference. The chief assistant's table and 
 surrounding space should be furnished with a sufficient
 
 Counting the Votes and Declaration of Result. 267 
 
 supply of all the forms required (a careful record of the Chap. XII. 
 
 precise number of each form supplied should be kept), 
 
 foolscap paper, pens, ink, blotting-paper, the returning 
 officer's seal, sealing-wax, a candle and matches, boxes 
 or bags in which to place the ballot papers when 
 counted (which should be marked with tickets or cards, 
 Nos. I, 2, etc.), boxes (appropriately labelled) in which 
 to place the stamping machines, unused stationery, etc., 
 a large box or basket in which to mix the ballot papers, 
 and another in which to place the ballot papers when 
 counted. The returning officer should also furnish the 
 police or other officer at the entrance door of the 
 counting hall or room with a sufficient number of cards 
 of re-admission. The following is a form :— 
 
 Union. 
 
 Parish of \or Ward of the Parish of 
 
 or United Parishes of ]. 
 
 Election of Guardians [and District Councillors], December, 1S94. 
 Please re-admit Mr. to the counting hall. 
 
 Y. Z., 
 
 Returning Officer. 
 
 Where there is only one vacancy to be filled, no Mode of 
 elaborate system of counting is requisite ; the ballot counting, 
 papers are simply divided into heaps or batches for 
 each candidate, and counted. Where there are several 
 vacancies, the mode of counting which, after much con- 
 sideration, seems to the author to be most expeditious, 
 and at the same time the simplest, is that detailed in 
 the following * Instructions to Counting Assistants,' and 
 ' Instructions to Chief Counting Assistant' In other 
 systems the votes are separated, placed on files or in 
 clips (sometimes of different colours, corresponding in 
 number to the number of the candidates), or recorded 
 on enumerating sheets, and then counted ; and probably 
 many other variations of these systems are common in 
 practice.
 
 268 Counting the Votes and Declaration of Result. 
 Chap. XII. 
 
 Instructions INSTRUCTIONS TO COUNTING ASSISTANTS, 
 
 to assistants. 
 
 Recording the Ballot Papers. 
 
 1. Sit in couples with an empty chair between you. 
 
 2. On receiving a ballot box and Form B., place the box on the 
 chair between you. 
 
 Break the seal [or covering] over the keyhole, unlock and open the 
 ballot box and take out, and open, the ballot papers. [Separate the 
 ballot papers relating to the election of guardians from any relating to 
 the election of urban district councillors, and make the latter up into 
 a separate bundle.] Count the ballot papers [relating to the election 
 of guardians]. Keep the ballot papers with their faces upwards, the 
 numbers on the backs must not be inspected. Count the ballot papers 
 in heaps of twenties, and range these heaps in rows of five each. 
 Leave the ballot papers so counted and arranged on the table. 
 
 4. Record the total number of ballot papers in the box on Form B., 
 and sign it. Raise your hand as a signal to the messenger, who will 
 take Form B. for comparison with the ballot paper account. 
 
 5. If found correct, the messenger will return and take the ballot 
 papers from you, and will give you another box, which proceed to deal 
 with in like manner. 
 
 6. If found incorrect, the messenger will return with Form B., and 
 you will then re-count the ballot papers, and correct Form B., if 
 necessary. If on a re-count the number previously recorded is verified, 
 a note to that effect must be added to Form B. and signed. Then 
 raise your hand for the messenger, who will then take the form and 
 .subsequently the ballot papers from you. 
 
 Counting the Votes. 
 
 7. On receiving from the messenger a number of ballot papers and 
 Form C, count them, and record the number in the space left for 
 that purpose at the foot of Form C. 
 
 8. Sort the ballot papers into [six] heaps, arranged as follows :* 
 
 I. 2. 3- 4- ^ 
 
 A. cV B. B. & C. A. c\: C. D. & E. 
 
 Single votes and ballot papers not included Doubtful 
 
 in the above combinations. Votes. 
 
 9. The doubtful votes are : — 
 
 (l.) Those without the official mark. 
 
 (2.) Marked for more than [two] candidates. 
 
 (3.) Containing any writing or mark other than the two crosses. 
 
 (4.) Unmarked, or so marked that you cannot tell for whom the 
 
 votes are given. 
 (5.) Objected to by any of the candidates' agents. 
 
 * The case here dealt with is that of five candidates for two vacancies, 
 and the four first-named heaps are the combinations which are expected to 
 be the most frequent. A. B. and C. are supposed to be of one party or 
 interest; D. and E. of the other. In other cases, the arrangement must 
 be altered as may be necessary.
 
 Cojinting the Votes and Declaration of Result. 269 
 
 10. Place the four heaps crosswise on the top of each other in the top Chap. XII. 
 
 left-hand corner of the table ; heap No. I at the bottom, No. 2 cross- 
 
 wise upon it, and so with Nos. 3 and 4. Then : — ■ 
 
 11. Take heap No. 5 and sort it into seven other heaps in the 
 following order : — • 
 
 I. 2. 3. 4. 
 
 A. & D. A. & E. B. & D. B. & E. 
 
 5- ^. 7- 
 
 C. & D. C. & E. Single votes. 
 
 12. Place the first six of these heaps crosswise on the top of each 
 other as before. 
 
 13. Take heap No. 7 (the single votes) and sort it into five different 
 heaps, thus : — 
 
 I. 2. 3. 4. 5. 
 
 A. B. C. D. E. 
 
 14. Count the number of single votes for each candidate and record 
 them separately in ihe l>lank squares on Form C. 
 
 15. Count and record the cross votes and the party combinations in 
 like manner. (In counting the large heaps, count them in heaps of 
 twenty each, and place these heaps in rows of five heaps in each row.) 
 
 16. Cast up each column in Form C. and sign it. 
 
 17. Raise your hand as a signal to the messenger, who will take the 
 ballot papers and Form C. from you, and will then hand you another 
 lot of ballot papers, which proceed to sort, count, and record in like 
 manner. 
 
 General. 
 
 18. The candidates' counting agents are not to interfere with your 
 duties, but you are to allow them to inspect any ballot paper they may 
 desire to see, but not the numbers on the backs. 
 
 19. You are not to leave the table, except in a case of urgent 
 necessity, and your companion must not iiroceed in your absence. 
 
 B. 
 UNION. 
 
 PARISH OF 
 
 Election of Guardians in the Year 1S94, 
 
 Number of Ballot Box 
 Number of Ballot Papers found therein 
 Counted by us, 
 
 Counting Assistants.
 
 2/0 Conntiiij^- the Votes and Declaration of Result. 
 
 Chap. XII. C, 
 UNION. 
 
 PARISH OF 
 
 Election of Guardians in the Year 1894. 
 No. 
 
 STATEMENT of NurnVjer of Ballot I'apers received and counted, and 
 of Number of Votes therein given for each Candidate. 
 
 
 A. B. C. 
 
 D. E. 
 
 I )oubtful Votes. 
 
 A. 
 
 _ 1 
 
 - 1 - 
 
 
 E. 
 
 — 
 
 — 
 
 — 
 
 — 
 
 
 C. 
 
 — 1 — 
 
 — 
 
 — 
 
 
 D. 
 
 — ! — i — 
 
 1 - 
 
 
 E. 
 
 — 
 
 — — 
 
 — , 
 
 
 A. and I). 
 
 1 ^ 
 
 — : — 
 
 
 A. and C. 
 
 - 
 
 — 1 — 
 
 
 A. and D. 
 
 — 
 
 1 — 
 
 
 A. and E. 
 
 1 
 
 — : — 
 
 — 
 
 
 B. and C. 
 
 — 
 
 
 — 1 — 
 
 
 B. and D. 
 
 — 
 
 — 
 
 — 
 
 
 B. and E. 
 
 — — 
 
 — 
 
 
 C. and D. 
 
 - 1 - 1 
 
 j — 
 
 
 C. and E. 
 
 — 1 — 
 
 
 — ! 
 
 
 D. and E. 
 
 — ! — 
 
 — 
 
 
 
 Total 
 
 
 
 
 
 
 Table No. 
 
 Number of ballot papers received, 
 
 (Signed) 
 
 Coiiitthisi Assistants.
 
 Counting the Votes and Declaration of Result. 27 1 
 
 INSTRUCTIONS TO CHIEF COUNTING ASSISTANT. Chap. XII. 
 
 Arrival of the Presiding Officers. 
 
 1. As each presiding ofilccr arrives, the chief assistant will direct the Instructions 
 ballot paper account (Packet No. 6), the packet containing the tendered to chief 
 votes list 'Packet No. 5), and the packet of unused and spoilt ballot assistant, 
 papers (Packet No. 2) to be separated from the other packets, and to 
 
 be placed on the top of the ballot box to which they belong, and these 
 packets and the ballot boxes he will retain under his own care. The 
 others will be dealt with as follows : — ■ 
 
 2. The following packets will be placed in the bags (No. i) provided 
 for the purpose, unopened and without breaking the seals : — 
 
 Packets No. 3. — The tendered ballot papers used. 
 
 ,, ,, 4. — The marked copies of the registers of votes and 
 the counterfoils of the ballot papers used. 
 
 3. The following packets will be placed in the boxes provided for 
 the purpose :^ 
 
 Packets No. 7. — The appointment of the presiding officers, poll 
 
 clerks, and candidates' polling agents. 
 Packets No 8. — -The unused forms, cards, paper and stationeiy, 
 
 and the Pentateuchs and Testaments. 
 Packets No. 9. — The stamping instruments. 
 
 Recording the Ballot Papers, 
 
 4. When all the presiding ofhcers and ballot boxes have arrived, the 
 chief assistant will, by the messengers, send one ballot box with one 
 Form B. to each pair of counting assistants, in order that they may 
 count and record the number of ballot papers therein. 
 
 5. On receiving by the messengers from each pair of counting assistants 
 Form B. duly filled up and signed by both assistants, the chief assistant 
 will compare the number of ballot papers therein recorded with that 
 appearing in the ballot paper account ; and, if they agree, he will direct 
 the messenger to bring the ballot papers to the box appointed for mixing, 
 and to take another ballot box to the two counting assistants. If the 
 number on Form B. does not agree with that on the ballot jDaper account, 
 the chief assistant will return Form B. to the counting assistants. If on 
 a re-count a discrepancy is found to exist, the chief assistant will make, 
 a memorandum to that effect on the back of the ballot paper account. 
 
 Verifying the Ballot Paper Account. 
 
 6. While the counting assistants are counting and recording the 
 number of ballot papers in the ballot boxes, the chief assistant will 
 open each Packet No. 6 (the ballot paper account), also each Packet 
 No. 2 (the unused and spoilt ballot papers), and also each Packet 
 No. 5, from which last-named packet he will take the tendered votes 
 list. He will then proceed to verify the ballot paper account by 
 comparing it with the unused and spoilt ballot papers and the tendered 
 votes list. He will fasten up and re-seal with the returning officer's 
 seal each Packet Nos. 2 and 5, and will place same in the bags (No. 2), 
 provided for the purpose. 
 
 7. When the ballot paper account has been thus fully verified as 
 required by the last two articles (5 and 6) of these instructions, the
 
 272 Co7inting tJie Votes ajid Declaration of Result. 
 
 Chap. XII. chief assistant will sign it, will replace it in its packet, will re-seal 
 
 such packet with the returning officer's seal, and will place it in the 
 
 bags, No. 2. 
 
 Mixing the Ballot Papers. 
 
 8. The whole of the ballot papers coming from all the boxes will be 
 mixed together in one box, and in so doing care must be taken tekeep 
 them with their faces upwards. 
 
 Counting the Votes. 
 
 9. The chief assistant will then select indiscriminately from the 
 mixed heap a quantity of ballot papers, which he will send by the 
 messengers with one of the Forms C. to each pair of counting assistants. 
 No one but the returning officer or the chief assistant is to be allowed 
 to take any ballot papers from the mixed heap. 
 
 10. The chief assistant will keep a register of the number of Forms 
 C. originally in his possession, and will number them consecutively. 
 As each form or sheet is given out, he will record its number and the 
 
 \ names of the assistants to whom it is given, and on its return he will 
 mark it off in his register as returned. The greatest care must be 
 taken that each form issued by the chief assistant is returned to him, 
 and no second form must be issued to any pair of counting assistants 
 until that already in their possession has been returned. 
 
 11. The chief assistant will see that the messengers place the counted 
 ballot papers into a different box from that in which are placed the 
 mixed and uncounted ballot papers. 
 
 12. As each form C. is brought completed and signed to the chief 
 assistant, he will transfer theseveral totals to the transfer sheets (Form D). 
 As each transfer sheet is filled up, he will cast and transfer the several 
 totals appearing thereon to the final transfer sheet (Form E.). 
 
 Doubtful Votes. 
 
 13. The whole of the doubtful votes will lie submitted, one by one, 
 to the returning officer for his decision, who will hear any arguments- 
 that the candidates' agents have to submit. 
 
 14. The chief assistant will attend the returning officer upon his 
 adjudication on the doubtful votes with one of the Forms C, and the 
 Statement of Votes Rejected (Form F.). He will enter in Form C. 
 each doubtful ballot paper allowed, by making a mark (the figure i) 
 in the appropriate blank space. He will similarly enter each rejected 
 vote in the appropriate column of the Statement of Votes Rejected 
 (Form F.). 
 
 15. When the whole of the doubtful votes have been adjudicated 
 upon, the chief assistant will cast up and sign his sheet C, and will 
 get it checked and countersigned by some other assistant. He will 
 then transfer the total of that sheet C. to the final transfer sheet,, 
 and will get the totals of each transfer sheet, and of the final transfer 
 sheet, checked by some other assistant. These last-named totals will 
 show the final result of the counting. 
 
 16. The counted and rejected ballot papers will then he made up 
 into separate packets, sealed with the returning officer's seal, indorsed, 
 and placed in one of the bags.
 
 Counting the Votes and Declaration of Result. 273 
 
 D. 
 
 Union 
 
 I"'arisli of 
 
 Election of Guardians in the Year 1S94. 
 
 TRANSFER SHEET No, 
 
 Union 
 
 Parish of 
 
 Election of Guardians in the Year 1894. 
 
 FINAL TRANSFER SHEET. 
 
 Chap. XH. 
 
 Table 
 No. 
 
 Sheet 
 No. 
 
 A. 
 
 B. 
 
 C. D. 
 
 E. 
 
 
 
 
 
 
 
 
 
 
 1 1 ( 
 
 1 1 i 
 
 1 1
 
 274 Counting the Votes and Declaration of Result. 
 
 Chap. XII. 
 
 F. 
 
 Union 
 
 Parish of 
 
 Election of Guardians in the Year iJ 
 
 STATEMENT OF VOTES REJECTED. 
 
 Notice of 
 counting. 
 
 I 
 
 2 
 
 3 
 
 4 
 
 Want of Official 
 Mark. 
 
 Voting for more 
 
 Candidates than 
 
 entitled to. 
 
 Writing or Mark 
 
 by which Voter 
 
 could be identified. 
 
 Unmarked, or 
 
 Void for 
 Uncertainty. 
 
 
 
 • 
 
 
 Totals. 
 
 Column No. i 
 
 ,, 2 . 
 
 5) )) 3 
 
 j> n 4 • 
 
 Total 
 
 Before proceeding to count the votes (which he must 
 do as soon as practicable after the close of the poll ; 
 G.O. r. 21, par. 3 ; R.O. r. 20, par. 3 ; U.O. r. 20, par. 3), 
 the returning officer shall give to the agents of the can- 
 didates appointed to attend at the counting of the votes, 
 notice in writing of the time and place at which he will 
 begin to count (B.A. r. 32), by delivering such notice at.
 
 Counting the Votes and Declaration of Result, 275 
 
 or sending it by post to, the address of each such agent Chap. Xll. 
 (B.A. r. 52). The following is a form : — 
 
 Union 
 
 Parish of {or Ward of the Parish of or United 
 
 Parishes of .] 
 
 Election of Guardians [and District Councillors] 
 IN THE Year 1894. 
 
 I hereby give you notice that I shall begin to count the votes 
 at o'clock in the noon of day, the day 
 
 of 189 , at in the above-named parish \or ward]. 
 
 Dated this day of 189 . 
 
 Y. Z., 
 
 Returning Officer. 
 To 
 Agent for 
 
 No length of notice is prescribed, but, inasmuch as 
 each candidate may appoint his agent up to one clear 
 day before the opening of the poll (B.A. r. 52), the 
 returning officer cannot tell until then to whom he may 
 have to give such notice, and thus the day before, or the 
 day of, the opening of the poll seems naturally to be the 
 time when he should give this notice. He is only bound 
 to give notice to such agents as have been duly appointed 
 and notified to him {ib. rr. 52, 32). 
 
 The presiding officers shall deliver to the returning Attendance 
 officer, or deputy returning officer by whom the votes *° receive 
 are to be counted (B.A. r. 29), and the latter shall take and°packetsl 
 charge of, the ballot boxes \ib. s. 2), and the several 
 packets of ballot papers, registers, lists, declarations, etc. 
 \ib. r. 29). Consequently the returning officer or deputy 
 returning officer must, at the close of the poll, attend at 
 the place appointed for the counting of the votes to 
 receive such ballot boxes, packets, papers, lists, etc. 
 Between the time of his so receiving the ballot boxes, 
 etc., and the time at which he commences to count the 
 votes, the returning officer or deputy returning officer 
 must place responsible and sufficient persons in charge 
 of the ballot boxes, etc., who shall preserve them intact ; 
 it is questionable if he ought not to remain in charge of 
 them himself, as he is responsible for their safe custody 
 (see B.A. s. 2) ; and it has been suggested by a select 
 committee of the House of Commons that they should 
 be placed in some public building, and cither guarded 
 by the police, or protected by the sealing of all issues 
 
 T 2
 
 llG Count ing tJie V^otes and Declaration of Result. 
 
 Chap. XII. 
 
 Hours of 
 Counting. 
 
 Custody of 
 ballot papers 
 and docu- 
 ments. 
 
 Proceedings 
 AT Count- 
 ing. 
 
 Who may 
 ■be present. 
 
 from the room in which they have been placed with the 
 seals of the returning officer or deputy returning officer 
 and such of the candidates and their agents as shall 
 demand such precaution (Parliamentary Papers, 1876, 
 vol. xii. p. xiv.). 
 
 The returning officer shall count the votes (B.A. s. 2) 
 as soon as practicable after the close of the poll (B.A. 
 r. 32 ; G.O. r. 21, par. 3 ; R.O. r. 20, par. 3 ; U.O. r. 20, 
 par. 3) ; and shall, so far as practicable, proceed con- 
 tinuously therewith, allowing only time for refreshment, 
 and excluding, if and so far as he thinks it necessary, 
 the hours between the close of the poll and 9 A.M. on the 
 succeeding morning (B.A. r. 35). There seems to be no 
 legal objection to counting the votes on a Sunday, but the 
 returning officer is not bound to do so, but may delay 
 the proceedings until the following Monday (see L.G.A. 
 s. 73, and SQQ post, p. 315). 
 
 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 (B.A. r. 35), in 
 the same manner as when they arc first delivered to him 
 (see ante, p. 275). 
 
 The returning officer shall, in the presence of such 
 agents, if any, of the candidates, as maybe in attendance 
 (B.A. r. 55), open the ballot boxes, and ascertain the 
 result of the poll by counting the votes given to each 
 candidate (B.A. s. 2, and r. 32). The returning officer 
 may refuse to admit to the place where the votes are 
 counted, any candidate's agent whose name and address 
 has not been transmitted to him one clear day at the 
 least before the opening of the poll {ib. r. 52 ; and see 
 ajite, p. 202), He should refuse to admit any agent who 
 has not made the declaration of secrecy {ib. r. 54 ; see as 
 to this, ante, p. 197), and he should, therefore, inform 
 himself as to who have or have not made such declara- 
 tion. Pie is bound to admit any candidate {ib. r. 51 ; 
 Clement son v. Mason, L. R. 10 C. P. 209) who has not 
 appointed an agent, all agents duly appointed by the 
 candidates, and duly notified to him (B.A. s. 2, rr. -^^ 52), 
 and he, of course, admits his own assistants and clerks, 
 but no other person, except with his (the returning 
 officer's) sanction, may be present {ib. r. 33). This
 
 Counting the Votes and Declaration of Result. 277 
 
 sanction obviously should not be given to any person CiiAr. XI r. 
 
 other than those entitled to be, or necessarily, present. 
 
 The returning officer need not wait for any candidate or 
 
 agent who does not attend (see B.A. r. 55). The 
 
 returning officer, and every clerk or agent so attending, 
 
 must have made the declaration of secrecy before the 
 
 opening of the poll {ib. r. 54;, in the manner pointed out, 
 
 ante, p. 197. 
 
 If the ppll has been taken as to the election of Recording, 
 
 guardians, or rural district councillors, or urban district "^^^'"Sj and 
 .,, , , . „',,,-, counting the 
 
 councillors, only, the returning officer shall (nrst) open ballot papers. 
 
 each ballot box, and, taking out the papers therein, shall 
 count and record the number thereof (B. A. r. 34) : for a 
 form of this record, see Form B., ante, p. 269. He shall 
 (secondly) then mix together the whole of the ballot 
 papers contained in all the ballot boxes (B. A. r. 34). 
 He shall (thirdly) count the votes (ib). 
 
 If polls have been taken at the same date for the 
 election both of guardians and of urban district coun- 
 cillors, the returning officer shall (first) open one of the 
 ballot boxes, and, taking out the papers therein, shall 
 separate those relating to the election of guardians from 
 any relating to the election of urban district councillors, 
 and shall count and record the number of ballot papers 
 relating to each election (B.A. r. 34 in G.O. and U.O.) ; 
 for a form of this record, see Form B, ante, p. 269. He 
 shall (secondly) then secure the ballot papers relating 
 to each election by placing them in separate packets 
 under his own seal, and the seals of such of the agents 
 of the candidates as desire to affix their seals, and shall 
 proceed in like manner with any other ballot boxes and 
 the papers therein (//;.). When all the ballot boxes and 
 the papers therein have been so dealt with, he shall 
 (thirdly) open all the packets of ballot papers relating to 
 one election, and shall mix all such papers together, and 
 (fourthly) shall proceed to count the votes, keeping the 
 papers relating to any other election sealed up until he 
 has completed such counting {ib). He shall afterwards 
 deal in manner aforesaid with the packets and papers 
 relating to the other election or elections {ib.). No vote 
 for any guardian shall be rendered invalicl by the ballot 
 paper being placed in the box intended for the reception 
 of ballot papers for urban district councillors (G.O. r. 25, 
 par. 2) ; nor shall any vote for any urban district 
 councillor be rendered invalid by the ballot paper being
 
 2/8 Comiting the Votes and Declaration of Result. 
 
 Chap. XII. placed in the box intended for the reception of ballot 
 
 papers for guardians (U.O. r. 24, par, 2). 
 
 If polls have been taken at the same date for the 
 election both of rural district councillors and of parish 
 councillors, the same course precisely shall be followed 
 (B.A. r. 34 in R.O.) ; and if separate ballot boxes are 
 used for the two elections respectively, no vote for any 
 rural district councillor shall be rendered invalid by the 
 ballot paper being placed in the box intended for the 
 reception of ballot papers for parish councillors (R.O. 
 r. 24, par. 2). 
 
 For the above purposes it is necessary that the folded 
 ballot papers should be opened in order to expose their 
 faces, and in opening them it is impossible to avoid 
 seeing their backs, and it is the duty of the returning 
 officer (a duty which the candidates and their counting 
 agents are entitled to supervise) to examine both sides 
 of the ballot papers {TJwrnbury, 16 O. B. D. 751) ; but 
 the returning officer, while thus counting and recording 
 the number of ballot papers, and counting the votes, shall 
 keep the ballot papers with their faces upwards, and 
 take all proper precautions for preventing any person 
 from seeing the numbers printed on the backs of such 
 papers (B.A. r. 34). Although the candidates and their 
 counting agents have thus a right to see the backs as 
 well as the fronts of the papers, they have no right to 
 look at the numbers on those backs, and the returning 
 officer and his counting assistants may prevent it ; they 
 need not let the papers out of their hands, and may 
 double up the numbers {TJiornluiry, 2 Times L. R. 488), 
 a course which was substantially taken by Denman, J., 
 in chambers when re-counting the votes in the Ashton- 
 nnder-Lyne petition, in 1885. They may also direct the 
 candidates and their counting agents to retire to such a 
 position, or distance from the counting table, as will 
 prevent their having any opportunity of seeing the 
 numbers on the backs of the ballot papers, though not 
 to such a position or distance as will prevent their 
 supervising the counting and recording of the number of 
 the ballot papers. 
 
 Again, although the candidates' counting agents are 
 entitled to be present while the returning officer is 
 counting and recording the number of ballot papers 
 taken from each ballot box, they are not entitled to 
 count or record the number of votes given for any
 
 CoHuting the Votes and Declaration of Result. 279 
 
 particular candidate in any particular polling district or Chap. XII. 
 
 in any particular ballot box ; and the returning officer 
 
 should take all possible means to prevent this, or any 
 
 other improper exercise of their right of supervision and 
 
 of being present. 
 
 The mixing of the ballot papers should be so effected 
 
 as to " mix together the whole of the ballot papers 
 
 contained in [' all '] the ballot boxes," and, therefore, it 
 
 is not sufficient to mix together bundles of ballot papers 
 
 formed during the preliminary operation of counting 
 
 and recording the number of ballot papers. 
 
 Throughout the counting, the returning officer must Precautions 
 , , , ^ ^. A . J. • as to secrecy, 
 
 take all necessary precautions and steps to msure 
 
 secrecy. Every officer, clerk, and agent in attendance 
 at the counting of the votes shall maintain, and aid in 
 maintaining, the secrecy of the voting, and shall not 
 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 can- 
 didate for whom any vote is given in any particular 
 ballot paper, under penalty of not exceeding six 
 months' imprisonment, with or without hard labour 
 
 <B. A. S.4). ^ . , 
 
 The different systems of counting votes now in vogue, ^'^P^^^'^"^^^ ^^ 
 and the system which, in the case of an election to fill 0° doubtaa 
 two or more vacancies, the author recommends, are votes, 
 discussed, ante, p. 267. Whatever system is adopted, 
 the first step is to separate the good from the bad or 
 doubtful votes, and the doubtful votes should be again 
 separated into the five classes specified, post, p. 282, 
 c't seq. The bad and doubtful votes must be open to the 
 inspection of the candidates and their counting agents, 
 but they must not be allowed to see the numbers printed 
 on the backs of the ballot papers (see ante, p. 278). 
 
 The returning officer is to decide any question arising Objection 
 in respect of any ballot paper (B.A. s. 2), but the B.A. l^'J^^^'"'^ 
 
 relates to procedure alone, and contains no enactment 
 
 affecting the franchise {Thombniy, 16 Q. B. D. 746) ; Jurisdiction 
 
 and the returning officer has no jurisdiction to determine ^^'c^gr""^'"'"^ 
 
 any question affecting the legality of the vote given 
 
 {R. V. Bangor, Mayor of, 18 Q. B. D. 363, 368 ; .S. C. in 
 
 H. L., 13 App. Cas. 249, 250), or to hold a scrutiny. 
 
 His function is judicial, so far as regards any inquiry 
 
 into the validity of the voting papers as papers, and to
 
 28o Counting the V^otes and Declaration of Rcsnlt. 
 
 Chap. XIL 
 
 Construction 
 of the B.A. 
 
 Mandatory 
 enactments. 
 
 see whether they comply with the statute, or whether 
 there is any objection to them ; but beyond that his 
 functions are purely ministerial — to count the votes, and 
 to declare the result of that counting {Pritcliard v.. 
 Bangor, Mayor, etc. of, 13 App. Cas. 249, 250). The 
 c|uestion of whether any particular mark is or is not 
 intended to be a vote, and if a vote, whether for one or 
 more candidates, is a question of fact rather than of law, 
 and is one for the returning officer in the first instance 
 to decide, but is subject to reversal on election petition 
 (B.A. s. 2 ; Woodtvard v. Sarsons, L. R. 10 C. P. 748 ; 
 Phillips V. Goff, 17 O. B. D. 815, 816). In exercising 
 this jurisdiction, the returning officer (or his deputy) acts 
 judicially {Thornbnry, 16 O. B. D. 751 ; R. v. Oivens; 
 2 E, & E. 91 ; PritcJiard v. Bangor, Mayor, etc. of, 
 13 App. Cas. 249), and thus cannot delegate this duty tO' 
 any one else. 
 
 In dealing with any question which he is empowered 
 to deal with in respect of any ballot paper, the returning 
 officer should remember that the B.A. is to be in- 
 terpreted liberally {Cirencester, 4 O'M. & H. 196), ancf 
 that it is not every departure from the regulations of the 
 B.A. that will render the vote invalid ; and, that while, 
 on the one hand, the enactments contained in the body 
 of the Act are absolute, and must be obeyed by the- 
 voter exactly, yet that, on the other hand, the rules and 
 forms in the schedule are directory merely, and it is 
 sufficient if they be obeyed substantially ( Woodivard v, 
 Sarsons, L. R. 10 C. P. 746 ; ace. Phillips v. Goff, 
 I J Q. B. D. 812). He should also bear in mind that 
 statutory provisions in general are directory where the 
 thing to be done is to be done by an officer, but are 
 mandatory where it is to be done by the voter 
 {Thornbnry, 2 Times L. R. 485). 
 
 Keeping these principles in mind, it will be found that 
 the following are absolute enactments which must be 
 obeyed exactly, and a breach of which will render the 
 vote void : — the voter shall mark his ballot paper secretly 
 {Woodward v. Sarsons, L. R. 10 C. P. 747) ; the ballot 
 paper shall be marked on both sides with the official 
 mark, and if not so marked on the back shall be void 
 and shall not be counted {Thornbnry, 16 Q. B. D. 739 > 
 Cirencester, 4 O'M, & H. 195) ; the ballot paper shall 
 not be so filled up or marked as that the voter can be
 
 Cotmting the Votes and Declaration of Result. 281 
 
 identified {Wigtoiun, 2 O'M. & H. 216; Woodward w. Chap. XI r. 
 
 Sarsons, L. R. 10 C. P. 747), as if, for example, the 
 
 voter marks the face of the ballot paper with his name 
 
 or initials [IVoodivard v. Sarsons, L, R. 10 C. P. 749. 
 
 750), or the presiding officer marks such face with the 
 
 voter's register number (//;. 748 ; but see Thornbury, 
 
 2 Times L. R. 485). 
 
 But the manner in which the voter shall secretly mark Directory 
 his ballot paper is regulated by the rules and forms enactments. 
 contained in the schedule to the B.A., and, as these 
 are directory merely, it is sufificient if they be obeyed 
 substantially ( Woodward v. Sarsons, L. R. 10 C. P. 747 ; 
 ace. Phillips v. Goff, 17 Q. B. D. 812). There is, 
 therefore, no objection to making the mark with ink 
 instead of with a pencil ( Wigtozvn, 2 O'M. & H. 223 ; 
 Cirencester, 4 ib. 197) ; or with a blunt knife, piece of 
 wood, or finger nail {Berivick-on-Tiveed, 3 ib. 180 ; 
 Cireticester, 4 ib. 197). The form of the mark is also, in 
 the absence of evidence of collusion or pre-arrangement, 
 immaterial (see the instances of good and bad ballot 
 papers, /^j-/, p. 285, et seq). And, when the matter is one 
 over which the voter has no control, the vote is not to 
 be considered bad by reason of an omission or error of 
 an officer iTJiornbury, 16 O. B. D. 746) : thus, the 
 wrapping up of the votes of twenty illiterate voters, each 
 in the corresponding declaration of inability to read, 
 and then placing the two together in the ballot box, 
 will not render the votes void ( Woodward v. Sarsons, 
 L. R. 10 C. P. 748) ; nor will, it has been held, the 
 omission to detach the ballot paper from the counterfoil 
 in 195 cases, and the giving of the ballot paper with 
 counterfoil attached to the voter, and the deposit of 
 both in the ballot box, render the votes void {East Clare, 
 4 O'M. & H. 163) ; nor will the insertion of the same 
 candidate's name twice in the ballot paper, the one 
 being in respect of a valid nomination, and the other in 
 respect of an invalid nomination, render either set of 
 votes void {Northcote v. Pulsford, ib. 483). The omission 
 of the presiding officer to indorse the voter's name upon 
 a tendered ballot paper {Stepney, 4 O'M. & H. 43), or to 
 stamp \}ciQ face of the ballot paper with the official mark, 
 does not invalidate the vote {Thornbnry, 16 O. B. D. 746) ; 
 but the omission to insert in the counterfoil the voter's 
 register number may perhaps render the vote void on a 
 scrutiny {Pickcrijig v. Startin, 28 L. T. in).
 
 282 Counting the Votes and Declaration of Result. 
 
 ClIAI'. XII, 
 
 Ballot papers 
 which shall 
 be rejected. 
 
 s. Want 
 of official 
 mark. 
 
 The returning officer shall reject, and shall not count, 
 any ballot paper — 
 
 (i.) Which has not on its back the official mark 
 (B.A. s. 2 ; see infra). 
 
 (2.) On which votes are given to more candidates 
 than the voter is entitled to vote for (//;. ; see 
 post,^ p. 283). 
 
 (3.) On which anything, except the printed number 
 on the back, is written or marked by which 
 the voter can be identified {ib. ; see post, 
 p. 283). 
 
 He is also bound to reject any ballot paper — 
 
 (4.) Which is not marked (B.A. r. ^^f) ; sqq post, p. 299). 
 Apparently he must also reject any ballot paper — 
 
 (5.) Which is void for uncertainty {ib. ; see post, p. 299). 
 
 With regard to the first of these classes, the presiding 
 officers and their poll clerks can be alone to blame for 
 the absence of the official mark on any ballot paper ; and 
 if competent persons are appointed to these posts, and 
 if they do their duty, no ballot paper ought to be subject 
 to the returning officer's rejection upon this ground. If 
 the official mark appears on the back of the ballot 
 paper, its absence from the face of the paper does not 
 render the vote void (T/iornbnrj', 16 O. B. D. 746) ; but 
 if no trace of an official mark is discernible on the back 
 of the ballot paper, it is void ( JVigtozvn, 2 O'M. & H. 
 216; Cirencester, 4 O'M. & H. 195). If the official 
 stamp has only been applied to the face of the ballot 
 paper, but has left a distinct mark upon the back, the 
 ballot paper is good ; the statute does not require that 
 the stamp shall be applied to the back, but merely that 
 the back shall bear the official mark {Cirencester, 4 O'M. 
 & H. 195). It is not necessary that there shall be in 
 every respect a clear and distinct impression of every 
 part of the stamp ; it is sufficient if the evidence afforded 
 by that which appears on the back of the paper leads to 
 the conclusion that the stamp was applied with the 
 intention of making the required mark {ib). Thus, 
 whether the official mark is perforated through the 
 paper, whether the ink is caused to 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
 
 Co2intiug the Votes and Declaration of Result. 283 
 
 upon the back of the ballot paper, the ballot paper is not Chap. XIT. 
 to be rejected for want of the official mark iib.). '~~ 
 
 With regard to the second of the above classes, \t \;J^^^^^^^^r 
 occasionally happens that a voter makes a mistake in dates than 
 marking his votes, and, instead of obtaining another entitled to. 
 ballot paper, seeks by some means to obliterate his 
 error, and afterwards marks his votes correctly. In any 
 such case, the returning officer must decide whether the 
 additional marks are mere cancellations of errors which 
 in his judgment do not invalidate the votes, or whether 
 they are such marks as would lead to the identification 
 of the voter, and therefore invalidate the ballot paper 
 under the next head (see the facsimile copies of the 
 ballot papers in Woodward x. Sarsons, numoered 1632, 
 1726, and ()26,post, pp. 289, 290, 294, and those in Ciren- 
 cester, numbered 5592, and 11744,/^^-/, pp. 294, 303). 
 
 In dealing with the third of the above classes, viz., 3- "^^"'"^^2 
 ballot papers upon which anything, except the number °vhicli\'oter 
 on the back, is written or marked by which the voter can be iden- 
 caii be identified, the returning officer must form the best ti^ed. 
 judgment he can upon the materials before him ; and, 
 if in his judgment the mark or marks do not amount to 
 marks by which the voter can (not might possibly) be 
 identified {Cirencester, 4. O'M. & H. 198), the ballot paper 
 is valid, and the votes appearing thereon must be counted. 
 Whether the mark is such that the voter can be identified, 
 is a question of fact ; but the mere suggestion that a 
 mark upon the ballot paper might possibly afford a clue 
 to the identification of the voter is not sufficient to 
 invalidate the paper ; the returning officer must come to 
 the conclusion that the mark standing alone conld lead 
 to the identification of the voter {ib.) ; and if on the 
 ballot paper there exist 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, 
 the vote is good {ib. 197). 
 
 The returning officer is not bound to call for evidence, 
 nor to hold an inquiry for establishing the voter's identi- 
 fication, or for the purpose of showing that the voter had, 
 by previous concert with others, intended to make it 
 known for whom he voted {Wigtown, 2 O'JM. & H, 225) ; 
 but, on the other hand, he may and apparently ought to 
 receive any evidence, that is tendered to him, to show 
 that a peculiar mode of m.arking was resorted to by pre-
 
 284 Counting the Votes and Declaration of Result. 
 
 Chap. XII. arrangement or collusion, to indicate that the paper so 
 marked was the one used by a particular voter, or for any- 
 other improper identification ( JVoodtvard v. Sarsons, 
 L. R. 10 C. P. 749). For example, it is conceivable that 
 a bribe may be promised to (say) twelve voters to vote 
 for A. B., conditionally on their marking their ballot 
 papers with a peculiar mark, or with a mark in a peculiar 
 position, or made with a peculiar pencil or instrument, 
 such bribe to be paid after the counting agents for A. B, 
 should have noticed that twelve ballot papers are marked 
 for A. B. in the stipulated manner ; and if, at the count- 
 ing of the votes, the returning officer is of opinion that 
 the recurrence of a series of similar peculiar marks is in 
 itself evidence of such a pre-arrangement, or if distinct 
 evidence thereof is adduced, he is entitled, and seemingly 
 bound, to reject the votes (see Woodivard v. Sarsons, 
 L. R. 10 C. P. 749) ; though if he is of opinion that the 
 irregularity or peculfarity is innocent, or the result oi 
 ignorance, or inadvertence, he should allow the votes, 
 and leave the party attacking the votes to seek his 
 remedy by election petition. The register number of the. 
 voter, being a mark by which, on reference to the register, 
 the voter can be identified, the court in one case rejected 
 294 ballot papers because they were marked upon their 
 faces by the presiding officer with such numbers 
 ( Woodivard w. Sarsons, L. R. 10 C, P. 748, 735) ; but, in a 
 subsequent case, it was held that the voter is not to lose 
 his vote for any act or default of an officer, in a matter 
 in which he (the voter) has no control {TJwrnburyy 
 2 Times L. R. 485, 490). From the latter decision it 
 would appear that the mark creating the identity must^ 
 to render the vote void, be made by the voter himself, 
 and not by any officer, and that thus the former decision 
 is no longer law. 
 Ballot papers Several cases have come before the courts in which 
 held to be instances of irregularly marked ballot papers have been 
 considered, and these may serve as guides to the re- 
 turning officer in determining any question that may 
 come before him. From these decisions it appears that 
 the returning officer ought to reject any ballot paper 
 which is marked with — 
 
 (i.) The register number of the voter {Woodward v. 
 Sarsons, L. R. lO C. P. 748, 735 ; but see Thornbnry, 
 2 Times L. R. 485, 490).
 
 Counting the Votes ana Declaration of Result. 285 
 
 (2.) The name of the candidate voted for ( Woodzvard Cww. xil. 
 
 V- S arsons, L. R. 10 C. P. 748 ; but see B nek rose, 
 
 <Sth Dec. 1S86); thus the following* have been both j^^j^^^^'^P^P^'-^ 
 held to be bad) : — bad. 
 
 844. 
 
 1 
 
 SARSONS. 
 
 Sa^ne^y-^ 
 
 s 
 
 WOODWARD. 
 
 
 889. 
 
 1 
 
 s 
 
 SARSONS. 
 
 cycz/ui 
 
 WOODWARD. 
 
 
 * The facsimile copies of ballot papers in this chapter have been 
 obtained as follows : those in JFocht'card v. Sarso>is and Biickrose {Sykes v. 
 Mc Arthur) from the solicitors engaged in the petitions ; those in Stepney 
 {Isaacson v. Durant) from the originals then in the custody of the registrar 
 of the court ; and those in Cirencester [Lazvson v. Master), from the 
 solicitors to the petitioner.
 
 286 Counthig the Votes and Declaration of Residt, 
 
 Chap. XII. (3.) The name of the voter ( Woodivard v. Sarsons, 
 L. R. 10 C. P. 740 ; ace. Biickrose. 8th Dec. 1886 ; 
 
 Ballot papers , ' ^^ ' * 
 
 i-,oi^ tr^ \se. tnus : — 
 
 held to be 
 bad. 
 
 638. 
 
 1 
 
 SARSONS. 
 
 A 
 
 3 
 
 WOODWARD. 
 
 
 i 
 
 F,- 
 
 /ie-c<A/' 
 
 (4.) The name of any third party ( Wigtoivn, 2 O'M. & 
 H. 216 ; ace. Buckrose, 8th Dec. 1886). In another case 
 the court differed, one judge holding that the following 
 vote was good, the other that it was bad {Stepney^ 
 4 O'M. & H. 40 ; viz. :— 
 
 FRONT OF BALLOT PAPER. 
 
 BALLOT PAPER. 
 
 1 
 
 DURANT. 
 
 (John Charles Durant, of Clement's House, 
 Clement's Inn Passage, W.C., Printer.) 
 
 
 
 
 ISAACSON. 
 
 (Frederick Wootton Isaacson, of 152, 
 Harley Street, W., Gentleman.) 
 
 K
 
 Co2i)iting the Votes and Declaration of Result. 287 
 
 BACK OF BALLOT PAPER. 
 
 Chap. XIE. 
 
 Ballot papers 
 held to be 
 bad. 
 
 1219. 
 
 Election for the Stepney Division of the 
 Borough of 
 
 THE TOWER HAMLETS. 
 
 November, 1S85. 
 
 The weight of authority is certainly in favour of the 
 above vote being bad, and the returning officer should 
 therefore reject any ballot paper so marked. 
 
 (5.) Initials in addition to a cross {Woodzvard v. 
 Sarsons, L. R. 12 C. P. 750) ; thus : — 
 
 410. 
 
 1 
 s 
 
 SARSONS. 
 
 
 WOODWARD. 

 
 !88 Counting the Votes and Declaration of Result. 
 
 Chap. XII. 
 
 Ballot papers 
 held to be 
 bad. 
 
 The following ballot paper has, however, been held 
 good {Cirencester, Jan. 1893), apparently on the ground 
 (see Day, 59) that the mark at the top was merely an 
 unmeaning mark, and not the initials of the voter. But 
 it is submitted that the mark, if not clearly initials, is yet 
 a mark by which the voter could be identified, and that, 
 unless all previous decisions are to be considered as over- 
 ruled, the ballot paper ought to have been rejected : — 
 
 9151. 
 
 .\j<i 
 
 LAWSON 
 
 HARRY LAWSON WEBSTER LAWSON, Orkney 
 Cottage, Taplow, in the County of Bucka, Esquire. 
 
 MASTER 
 
 THOMAS WILLIAM CHESTER MASTER, Junior, 
 The Abbey, Cirencester, Esquire. 
 
 (6.) A circle instead of a cross {Stepney, 4 O'M. & H. 
 37 ; Wigtoivn, 2 //;. 221 ; contra, Buckrose, 4 ib. 112) ; 
 thus : — 
 
 4347. 
 
 1 
 
 DURANT. 
 
 (John Charles Durant, of Clements House, 
 Clements Inn Passage, W.C, Printer.) 
 
 
 
 s 
 
 ISAACSON. 
 
 (Frederick Wootton Isaacson, of 152, 
 Harley Street, W., Gentleman.) 
 
 
 It is, however, difficult to see what difference in 
 principle there is between making a circle and making a 
 star, a peculiar mark, or a geometrical figure, all of 
 which have been held to be good {see post, pp. 293, 294),
 
 Counting tJie Votes and Declaration of Result. 289 
 
 and the last decision {Buckrose, 4 O'M. & H. 112) Chai>, 
 holding a circle to be a good mark, seems to be more — 
 correct than the earlier decisions. 
 
 XII. 
 
 eood. 
 
 Provided there be no evidence of connivance or pre- Ballot papers 
 arrangement, the returning officer may allow and may held to be 
 count any ballot paper which is marked with — ' 
 
 (i.) Two crosses, or three or more crosses, instead of 
 one cross {Woodward v. Sarsons, L. R. 10 C. P. 742, 
 dissenting from VVigtozun, 2 O'M. & H. 218). Thus, the 
 following are all good : — 
 
 433. 
 
 1 
 
 SARSONS. 
 
 XX 
 
 s 
 
 WOODWARD. 
 
 
 1632. 
 
 1 
 
 SARSONS. 
 
 
 s 
 
 WOODWARD. 
 
 X 
 
 On 1632 a X in pencil had evidently been rubbed 
 with a damp finger, as shown. 
 
 u
 
 290 Counting the Votes and Declaration of Result. 
 
 Chap. XII. 
 
 Ballot papers 
 held to be 
 good. 
 
 1 
 
 o 
 
 928. 
 
 SARSONS. 
 
 WOODWARD. 
 
 % 
 
 928 had evidently been marked with a X in ink and 
 folded up, thereby making a corresponding mark on the 
 other part of the paper. 
 
 1726. 
 
 1 
 
 ^ SARSONS. -^ 
 
 X 
 
 s 
 
 WOODWARD. 

 
 Counting the Votes and Declaration of Result. 29 1 
 
 ClIAl'. XII. 
 
 2573. 
 
 Ballot papers 
 held to be 
 cood. 
 
 LAWSON 
 
 HARRY LAWSON WEBSTER LAWSON, Orkney 
 Cottage, Taplow, m the County of Bucks, Esquire. 
 
 2573 was held to be a good vote for Master (Day, 58), 
 there being a distinct cross against his name, and no 
 mark whatever against the name of the other candidate. 
 There is thus a positive indication on the voter's part 
 of his intention to vote for Master (see Cirencester, 
 4 O'M. & H. 197). 
 
 (2.) A single stroke, or a straight line, in lieu of a 
 cross {Woodzuard V. Sarsons, L. R. 10 C. P. 749, dissent- 
 ing from IVigtozun, 2 O'M. & H. 218) ; thus : — 
 
 875. 
 
 1 
 
 SARSONS. 
 
 / 
 
 
 WOODWARD. 
 
 
 U 2
 
 292 Counting the Votes and Declaration of Result. 
 
 Chap. XII, (3-) A straight stroke in addition to the cross ( Wood- 
 
 ward V. Sarsojis, L. R. 10 C. P. 749, dissenting from 
 
 held°t?br'' ^Vigtown, 2 O'M. & H. 219) ; thus :— 
 
 cood. 
 
 2140. 
 
 1 
 
 SARSONS. 
 
 XI 
 
 s 
 
 WOODWARD. 
 
 
 (4.) A mark like an imperfect letter P. in addition to 
 the cross {Woodiuard v. Sarsons, L. R. 10 C. P. 749) ; 
 thus : — 
 
 3562. 
 
 1 
 
 SARSONS. 
 
 X h 
 
 
 WOODWARD. 

 
 Coiuitiug the Votes and Declaration of Result. 293 
 
 (5.) A star instead of a cross (Jb.) ; thus : — 
 
 Chap. XII. 
 
 Ballot papers 
 held to be 
 good. 
 
 641. 
 
 1 
 
 SARSONS. 
 
 o 
 
 WOODWARD. 
 
 ^ 
 
 (6.) A peculiarly formed cross {ib.) ; thus : — 
 
 1364. 
 
 1 
 
 SARSONS. 
 
 J« 
 
 3 
 
 WOODWARD. 
 
 
 The last ballot paper (1364) had evidently been 
 marked with a X in ink and folded up, thereby making 
 a corresponding mark on the other part of the paper.
 
 294 Co2inting the Votes and Declaration of Result. 
 
 Chap. XII. (7-) A cross or mark blurred, or rubbed with a damp 
 
 finger, and a better formed cross added, for the same (?7a) 
 
 hekuVte^^'^^ or another candidate {Cirencester, Jan. 1893 ; Day, 54) ; 
 
 i^lC " thus:- ^26. 
 
 1 
 
 SARSONS. 
 
 X 
 
 s 
 
 WOODWARD. 
 
 
 5592. 
 
 1 
 
 LAWSON 
 
 HARRY LAWSON WEBSTER LAWSON, Orkney 
 Cottage, Taplow, in the County of Bucks, Esquire. 
 
 \ 
 
 2 
 
 MASTER 
 
 THOMAS WILLIAM CHESTER MASTER. Junior, 
 The Abbey, Cirencester, Esquire. 
 
 t- 
 
 (8.) A figure instead of a cross {Phillips v. Gojf. 
 17 Q. B. D. 805). 
 
 (9.) A geometrical figure in lieu of a cross {Buckrose, 
 7th Dec. 1886; contra Wigtown, 2 O'M. & H. 221); 
 
 tl^"^ -- 7665. 
 
 1 
 
 MCARTHUR. 
 
 (Wn.LIA.M AlEXANDFR iMcARTHfR, of 
 
 7, Berkeley Street, Berkeley Square, London, 
 Colonial Merchant.) 
 
 X 
 
 
 
 SYKES. 
 
 (Christopher Sykes, of Brantingham Thorpe, 
 Yorkshire, Esquire.) 

 
 Counting the Votes and Declaration of Result. 295 
 
 (10.) A cross placed over the official mark, but within chap. Xll. 
 the compartment of the candidate voted for {Cirencester, 
 
 T r, T^ -/-N i-1. Ballot papers 
 
 Jan. 1893 ; see Day, 56) ; thus :— held to be 
 
 good, 
 
 7633. 
 
 1 
 
 LAWSON 
 
 HARRY LAWSONj^^W^TER LAWSON. Orkney 
 Cottage. Taplow/mlli/CoAnty of Bucks, Esqtiire- 
 
 
 2 
 
 TBOaTAR WILLIAM CHESTER StAtfridR. Junior. 
 The Abbey. Cirencester, Esquirt: 
 
 
 In this case the official mark was an oval with the 
 initials J. W. C. ; and it will be observed that the cross 
 is placed over and within the official mark, and that the 
 intersection of the cross is within the compartment 
 belonging to Lawson. 
 
 (11.) A monogram or double cross in lieu of a cross 
 {Cirencester, Jan. 1893) ; thus : — 
 
 3452. 
 
 LAWSON 
 
 HARRY LAWSON WEBSTER LAWSON. Orkney 
 Cottage, Taplow, in the County of Bucks, Esquire. 
 
 MASTER 
 
 THOMAS WILLIAM CHESTER MASTER, Junior, 
 The Abbey, Cirencester, Esquire. 
 
 /tr
 
 296 Counting the Votes and Declaration of Result. 
 
 Chap. XII, (i2.) A line drawn through the name of the candidate 
 
 not voted for, and a cross marked against the name 
 
 Ballot papers ^f ^.j^^^ other candidate ( Woodivard v. Sarsons, L. R. 
 
 held to be r- -n „ o\ ^u 
 
 good. 10 C. P. 748) ; thus :— 
 
 911. 
 
 SARSONS. 
 
 ■""-weeswARD 
 
 s 
 
 A 
 
 (13.) A ballot paper torn longitudinally through the 
 centre {ib), as shown by the dotted line in the follow- 
 ing :— 
 
 1374. 
 
 1 
 
 SARSONS. 
 
 S 
 
 WOODWARD. 
 
 \ 
 
 {14.) A cross placed on the right-hand side of the 
 paper, but in the space in which the candidate's name 
 was printed, and on the left of, and not within, the space 
 allotted for the cross {Athlojie, 2 O'M. & H. 187).
 
 Counting' the Votes and Declaration of Kesnlt. 297 
 
 (i5-) A cross on the left instead of the right-hand side ciiAr, XII, 
 
 of the candidate's name ( Woochvard v. Sarsons, L. R. 
 
 10 C. P. 749), dissenting from Wigtozvn, 2 O'M. & H. ^^^^\^^^^^ 
 218). Thus the following are all good : — „ood. 
 
 1 
 X 
 
 SARSONS. 
 
 
 s 
 
 WOODWARD. 
 
 
 174. 
 
 1 
 
 X SARSONS. 
 
 
 s 
 
 WOODWARD. 
 
 
 117. 
 
 vk 
 
 1 
 
 SARSONS. 
 
 o 
 
 WOODWARD.
 
 2g8 Counting the Votes mid Declaration of Result. 
 
 Chap. XII. (i^.) A cross, or a stroke or strokes, or a figure, on 
 
 the back in addition to the cross on the face of the 
 
 h^mT^^^"^^ ballot paper, provided there be no evidence that the 
 good, voter can be identified by the writing {Stepney, 4 O'M. 
 
 & H. 39 ; ace. Bnckrose, ib. 1 11 ; dissenting from Wigtoivn^ 
 2 O'M. & H. 219); thus:— 
 
 FRONT OF BALLOT PAPER. 
 
 K 
 
 1 
 
 DURANT. 
 
 (John Charles Durant, of Clement's House, 
 Clement's Inn Passage, W.C, Printer.) 
 
 
 
 X ISAACSON. 
 
 (Frederick Wootton Isaacson, of 152, 
 Harley Street, W. , Gentleman.) 
 
 
 BACK OF BALLOT PAPER. 
 
 1002 
 
 Election for the Stepney Division of the 
 Borough of 
 
 THE TOWER HAMLETS. 
 
 November, 1S85. 
 
 It will be observed that in this case the cross on the 
 back is not in a corresponding position to that on the 
 front, and that if the ballot paper be held up and looked 
 at with the light through it, the cross on the back 
 appears as if made in the proper square on the right- 
 hand side of Durant's name, and that, thus dealt with, 
 the ballot paper shows a cross opposite the name of each 
 candidate.
 
 Counting tJic Votes and Declaration of Result. 299 
 
 With regard to the fourth of the above classes, the Chap. XIL 
 unmarked ballot papers, of course, present no difficulty. 
 Few will, however, be found to be wholly unmarked, and baiior^apers. 
 it must be remembered that a ballot paper may be well 
 marked, although it is not marked with the pencil pro- 
 vided for the purpose {see ante, p. 281). Some ballot 
 papers that appear at first sight to be unmarked will 
 probably be found to be marked on the back ; but in 
 inspecting the backs, all proper precautions for pre- 
 venting any person from seeing the numbers printed 
 thereon must be taken by the returning officer (B. A. r. 34), 
 e.g. the number should be doubled up {Thornbury, 
 2 Times L. R. 488). A ballot paper marked on the 
 back only should be rejected {Berzuick-on-Tiveed, 3 O'M. 
 & H. 182 ; ace. Buckrose, 4 ib. m) ; but a ballot paper 
 marked on the back, if well marked on the face, and 
 unless bad under the third class {ante, p. 283), should be 
 counted {Stepney, 4 O'M. & H. 39; Buckrose, ib. in ; 
 but see JVigtozun, 2 //;. 219). 
 
 With regard to the fifth and last of the above classes, 5. Void for 
 viz. ballot papers void for uncertainty, where the mark uncertainty. 
 is so placed as to render it impossible to decide for 
 whom the vote was intended to be given, the ballot 
 paper must be rejected {PJiillips v. Gojf, 17 O. B. D. 815 ; 
 Cirencester, 4 O'M. & H. 197). If the cross be marked 
 at the top corner of the paper, outside the parallelogram 
 containing the candidate's name, and outside the space 
 for the cross, the ballot paper is bad for uncertainty 
 {Berwick-on-Tzveed, 3 O'M. & H. 182 ; Stepney, 4 ib. 37 ; 
 Buckrose, ib. in) ; thus the following are both bad : — 
 
 >A BALLOT PAPER. 
 
 §#> 
 
 1 
 
 HOME. 
 
 (D.wm Milne Home, of Paxton House, in 
 
 the Shire of Berwick, in Scotland, a Captain 
 
 in the Royal Regiment of Horse Guards.) 
 
 
 
 MCLAREN. 
 
 (John McLaren, of 46, Moray Place, Edin- 
 burgh, Lord Advocate for Scotland.) 

 
 Chap. XII. 
 
 300 Coiuiting the Votes and Declaration of Result. 
 
 4047. 
 
 BALLOT PAPER. 
 
 Vs 
 
 1 
 
 DURANT. 
 
 (John- Chaklks Dirant, of Clement';; House, 
 Clement's Inn Passage, W C, Printer.) 
 
 
 
 
 iSAACSON. 
 
 (B'keuerick Wootton Isaacson, of 152, 
 Harley Street, W., Gentleman.) 
 
 
 IJallot papers 
 void for 
 uncertainty. 
 
 Again, if, in an election for a single vacancy, there is a 
 good mark against the name of each candidate, the 
 ballot paper is clearly void for uncertainty {Bnckrose, 
 4 O'M, & H. Ill); thus the following arc all bad : — 
 
 1989. 
 
 
 
 
 
 
 1 
 
 MCARTHUR. 
 
 (WlI.I.IAM .Xi.exandkk McAKTurR, of 
 
 7, Berkeley Street, Berkeley Square, London, 
 
 Colonial Merchant.) 
 
 
 
 
 
 SYKES. 
 
 (Chkistophi-:r Sykes, of Brantinc;li.-,m Thorpe, 
 Yorkshire, Esquire.) 
 
 
 
 
 

 
 Counting tlie Votes and Declaration of Result. 301 
 
 ClIAI-. XII. 
 
 IJallot papers 
 void for 
 uncertainty. 
 
 1 
 
 HOLLAND. 
 
 / 
 
 s 
 
 LORNE. 
 
 X 
 
 8876. 
 
 r 
 
 LAWSON 
 
 HARRY LAWSON WEBSTER LAWSON, Orkney 
 Cottage, Taplow, in the County of Bucks, Esquire. 
 
 3^ 
 
 1" 
 
 MASTER 
 
 THOMAS WILLIAM CHESTER MASTER, Junior, 
 The Abbey, Cirencester, Esquire 
 
 \
 
 302 Counting the Votes and Declaration of Rcsidt. 
 
 CHAr. XII. But in the last decided case, it was held that a 
 
 Ballo77~T' Sood cross or mark for one candidate is not neu- 
 
 voidVr^''^''^ tralised by an unmeaning mark, an obliterated cross, 
 
 uncertainty, or a blotch, placed near or against the name of the 
 
 opposing candidate (see Cirencester, 4 O'M. & H. 197) ; 
 
 thus the two following were held to iDe good votes for 
 
 Lawson, notwithstanding the unmeaning marks near or 
 
 against the name of Master (see Day, 56) : — 
 
 4891. 
 
 LAWSON 
 
 HARRY LAWSON WEBSTER LAWSON, Orkney 
 Cottage, Taplow, in the County of Bucks, Esquire. 
 
 >^ 
 
 MASTER 
 
 THOMAS WILLIAM CHESTER MASTER. Junior, 
 
 The Abbey, Cirencester^ Esquire. 
 
 t 
 
 4917. 
 
 1 
 
 LAWSON 
 
 HARRY LAWSON WEBSTER LAWSON, Orkney 
 Cottage, Taplow, in the County of Bucks, Esquire. 
 
 ^ 
 
 2 
 
 MASTER 
 
 THOMAS WILLIAM CHESTER MASTER, Junior, 
 The Abbey, Cirencester,, Esquire, oi 

 
 Counting the Votes and Declaration of Result. 303 
 
 The following was held to be a good vote for Master, chap. XII. 
 notwithstanding the obliterated cross against the name 7 — 
 of Lawson (Day, 5 b) : — void for 
 
 uncertainty. 
 
 11744. 
 
 AWSON 
 
 HARRY LAWSON WEBSTER LAWSON, Orkney 
 Cottage, Taplow, in the County of Bucks, Esquire. 
 
 MASTER 
 
 THOMAS WILLIAM CHESTER MASTER. Junior, 
 The Abbey, Cirencester, Esquire- 
 
 And ballot paper 5592, ante, p. 294, was held to be a 
 good vote for Master, notwithstanding the blotch or 
 blurred mark against the name of Lawson. 
 
 If the intersection of the cross is exactly on the line 
 between the compartments of the paper, the ballot 
 paper is void for uncertainty {Buckrose, 7th Dec, 1886) ; 
 thus : — 
 
 8892. 
 
 1 
 
 MCARTHUR. 
 
 (William Alexandkk McArthi'k, of 
 
 7, Berkeley Street, Berkeley Square, London, 
 
 Colonial Merchant.) 
 
 X 
 
 SYKES. 
 
 (Christopher Sykes, of Brantingham Thorpe, 
 Yorkshire, Esquire.)
 
 304 Counting t/ie Votes and Declaration of Result. 
 
 Chap. XII. 
 
 Ballot papers 
 void for 
 uncertainty. 
 
 But if a good cross is added to that whose intersection 
 is exactly on the line between the compartments of the 
 paper, the former corrects the uncertainty of the latter 
 {Cirencester, Jan. 1893), thus, the latter was held to be 
 a good vote for Lawson (Day, 57) : — 
 
 11764. 
 
 LAWSON 
 
 HARRY LAWSON WEBSTER LAWSON, Orkney 
 Cottage, Taplow, in the County of Bucks, Esquire. 
 
 >^ 
 
 ^ 
 
 MASTER 
 
 THOMAS WILUAM CHESTER MASTER, Junior, 
 The Abbey, Cirencester, Esquire. 
 
 And where the voter marked a long cross, each line 
 thereof being partly in the square allotted to one candi- 
 date and partly in that of the opposing candidate, the 
 ballot paper was allowed as a good vote for the candi- 
 date in whose square the intersection of the cross 
 appeared {Berivick-oJi-Tzveed, 3 O'M. & H. 182 ; ace. 
 Buckrose, 7th Dec, 1886) ; thus : — 
 
 1 
 
 HOME. 
 
 (David Milne Home, of Paxton House, in 
 
 the Shire of Berwick, in Scotland, a Captain 
 
 in the Royal Regiment of Horse Guards.) 
 
 y 
 
 
 MCLAREN. 
 
 (John McLaren, of 46, Moray Place, Edin- 
 burgh, Lord Advocate for Scotland.) 
 
 / 
 
 If the only mark on the ballot paper is a cross made 
 immediately upon the name of one of the candidates, in 
 such a way as to make it appear possible that the voter
 
 Couiitiiig the Votes and Dechvation of Result. 305 
 
 intended to strike out that name, the ballot paper is Chap. XII. 
 void for uncertainty (j5//r/C7-(?j-^, 4 CM. & H. 112; cp. 
 Cirencester, No. 2573. ante, p. 291). 
 
 On any ballot paper which the returning officer may indorsement 
 reject as invalid {T/iornlmry, 16 O. B. D. 751), he shall JJ^^j'^j'l^e^^^. 
 indorse "rejected," and shall add to the indorsement 
 " rejection objected to," if an objection be in fact made 
 by any agent to his decision (B.A. r. 36). But this is a 
 directory enactment, and it is sufficient if it be obeyed or 
 fulfilled substantially (see ajite, p. 281) ; and, therefore, 
 when the returning officer omitted to make these or any 
 similar indorsements, but as he came to each rejected 
 ballot paper, put the same aside, and, after he had 
 finished the counting, placed all the rejected ballot 
 papers together in a parcel, which he then sealed up and 
 indorsed " rejected ballot papers," the court refused to 
 set the election aside ( IVoodzvaj'd v. Sarsons, L. R. 
 10 C. P. 738, 746). 
 
 The returning officer may adjourn the proceedings for Adjourn- 
 the purpose of finishing the counting {R. v. Bangor, Counting. 
 
 Mayor, etc. of, 18 O. B. D. 363 ; but not, it would seem, 
 
 for the purpose of considering, or taking advice on any 
 question that comes before him {ib. 363, 354 ; Pritchard 
 V. Bangor, Mayor, etc. of, 13 App. Cas. 250). In the 
 former case the same precautions should be taken for 
 the safe custody of the ballot papers, etc., as when they 
 are originally delivered to the returning officer (see ante, 
 p. 275). 
 
 Where the returning officer thinks that there has been Votes 
 an error in the counting, he can re-count the votes q2°t up^ 
 
 before he declares the result {R. v. Bangor, Mayor, etc. 
 
 of, 18 Q. B. D. 354; and see Stepney, 2 Times L. R. 
 571), But if, after he has declared the result, the 
 counting is still erroneous, the mistake can only be 
 rectified by filing an election petition praying a re-count 
 {Renfrew, 2 O'M. & H. 213 ; Ashton-under-Lyne, 1885 ; 
 and see Dublin, i P. P... & D. 193) : and, if it be proved 
 that the counting was improperly conducted, or that 
 irregularities at the counting were committed by the 
 returning officer, and he be made a party to the petition, 
 he may be condemned in the costs thereof {Halifax, 
 4 O'M. & H. 204). Where, at the termination of a 
 scrutiny, the votes are equal in number, the election is a 
 void election {Downton, I Lud. 264 ; ace. Cirencester. 
 4 O'M. & H. 198). When the seat is claimed on election 
 
 X
 
 3o6 Counting the Votes and Declaration of Result. 
 
 Chap. XII. 
 
 Votes 
 
 erroneously 
 counted or 
 rejected. 
 
 Casting 
 Vote. 
 
 petition, the respondent may claim a re-count {^Stepney, 
 4 O'M. & H. 35, 49)- 
 
 Where the returning officer's decision as to any 
 question arising in respect of any ballot paper is deemed 
 to be erroneous, an election petition can be presented 
 (B.A. s. 2) ; e.g. where he erroneously counts or rejects 
 any ballot paper {Londonde^ny, 4 O'M. & H, 96 ; 
 Stepney, ib. 35). 
 
 If an equality of votes is found to exist between any 
 candidates, and the addition of a vote would entitle any 
 of such candidates to be declared elected, the returning 
 officer, or deputy returning officer who counts the votes, 
 may, if a parochial elector of the parish (or, in an 
 election of urban district councillors, of the district), give 
 such additional vote in writing, but shall not otherwise 
 be entitled to vote at the election (G.O. r, 22 ; R.O. 
 r. 21 ; U.O. r. 21). 
 
 Whether the returning officer should give a casting 
 
 vote or not, is entirely a question for him to decide in 
 
 each particular case ; on the one hand, he cannot be 
 
 blamed for exercising a power with which the legislature 
 
 has endowed him ; on the other hand, he is not bound 
 
 to o-ive a casting vote, but may decline to do so (as in 
 
 South Northumberland, May, 719 n). It is, however. 
 
 submitted that the legislature, by giving this power to 
 
 the returning officer, has intended that it should be 
 
 exercised, and that the inconveniences of a void election 
 
 should thus be avoided ; and that consequently, in the 
 
 absence of special circumstances showing the contrar}^ 
 
 the returning officer ought to give his casting vote. 
 
 The casting vote, if given, is not given by ballot, as 
 
 such a vote does not come within the scope of the Act, 
 
 since every one present must necessarily know for 
 
 whom the vote is given ; and, moreover, the poll, which 
 
 is taken by ballot, has closed before the casting vote is 
 
 given. It must be given in writing (G.O. r. 22 ; R.O. 
 
 r. 21 ; U.O. r. 21). Such casting vote should then be 
 
 added to the number previously recorded for the 
 
 candidate for whom it is given, and such candidate, 
 
 having thus obtained a majority of votes, should be 
 
 declared duly elected {Nell v. Longbottoni (1894) i O. B. 
 
 yGy ; sec further as to this declaration, post, p. 308). If 
 
 the returning officer be not a parochial elector, or^ if he 
 
 do not choose to give his casting vote, he must in his 
 
 declaration of the result of the poll (see post, p. 309),
 
 Coniitiiig the Votes and Declaration of Result. 307 
 
 make a double or treble return, as the circumstances of Chap. xil. 
 the case may require, and the election is void if on a ' 
 
 scrutiny the votes remain equal in number {Doivnton, 
 I Lud. 264 ; Cirencester, 4 O'M. & H. 199). If the 
 returning officer should vote where there is not an 
 equality of votes, or where the addition of a vote would 
 not entitle any of the candidates to be declared elected, 
 or where he is not a parochial elector, his vote will be 
 struck oiT on a scrutiny (Cunn. 401) ; and if he vote, 
 knowing that he is not entitled to vote, he is guilty of 
 an illegal practice (M.E.C.I.P.A. s. 6, sub. i). 
 
 Upon the completion of the counting, the returning Sealing 
 officer shall seal up in separate packets the counted and packets. 
 
 rejected ballot papers (B.A. r. 37). He shall not open 
 
 the sealed packets of tendered ballot papers used, or 
 those containing the registers of voters and counterfoils 
 of ballot papers used (/^.), and the chief constable's 
 certificates. He must open the sealed packets contain- 
 ing the unused and spoilt ballot papers, tendered and 
 ordinary, and also the packets containing the tendered 
 votes lists, for he shall, in the presence of such agents of 
 the candidates (B.A. r. 37) as are authorized to attend 
 {ib. rr. 31, 52), and do attend {ib. r. 55), proceed to verify Verification of 
 the ballot paper account given by each presiding officer, °^^^°^ P^P^*^ 
 by comparing it with the number of ballot papers 
 recorded by him (the returning officer) as aforesaid (see 
 ante, p. 277), and the unused and spoilt ballot papers in 
 his possession, and the tendered votes list (B.A. r. 37). 
 He shall then re-seal each sealed packet so opened for Statement 
 examination by him (//;.) He shall draw up a state- ° '^^^ 
 ment as to the result of such verification (//;.), and show- 
 ing the numberof 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 the voter can be 
 
 identified ; 
 
 4. Unmarked or void for uncertainty ; 
 
 and shall, on request, allow any agents of the can- 
 didates to copy it (B.A. rr. 36, 37). 
 
 If the votes are counted by a deputy returning officer 
 he shall, with the declaration of the result of the poll, 
 report to the returning officer the number of ballot 
 papers rejected and not counted by him, under the 
 above heads, and the result of the verification, and no 
 
 X 2
 
 3o8 Counting the Votes and Declaration of Result. 
 
 Chap. XII, 
 
 Declara- 
 tion OF 
 Result. 
 
 such statement as aforesaid shall be drawn up by the 
 returning officer (B.A. rr. 36, 37). The deputy returning 
 officer shall, on request, allow any agents of the candidates, 
 before such report is sent, to copy it {ib). He shall 
 with his report send to the returning officer the sealed 
 packets of counted and rejected ballot papers, and the 
 unopened sealed packets which he has received from 
 any presiding officer (B.A. r. ^"j). 
 
 The following form of such statement or report is 
 
 suggested : — 
 
 Parish of 
 
 Union. 
 
 w 
 
 ward of 
 
 of 
 
 or united parishes 
 
 Election' of Guardians in the Year 1S94. 
 
 The number of baUot papers rejected and not counted by me at the 
 election for the parish [cr ward] of held on the day of 
 
 December, 1894, is which number is made up as follows : — 
 
 \\7 i r r\[x ■ 1 ^' otmsi for more 
 Want of Ofticial r- j-^ . ^i. 
 ^^ , Candidates than 
 
 ^'^^"^- 1 entitled to. 
 
 Writing or Mark 
 
 by which Voter 
 
 could be identified. 
 
 Unmarked or 
 
 Void for 
 Uncertainty. 
 
 
 
 
 
 I have verified the ballot paper account given by each presiding 
 officer at this election, by comparing the same with the number of 
 ballot papers taken out of the several ballot boxes and recorded by 
 me, the unused and spoiled ballot papers in my possession, and the 
 tendered votes list, and the result of such verification is that the said 
 accounts were all correct [excepting that there are unused or 
 
 spoilt ballot papers not accounted fur, or as the case may l>c\. 
 
 Dated this day of December, 1894. 
 
 (Signed) Y. Z., 
 
 [Dc'/>iify] Ktiiinihig Officer. 
 [To the Returning Officer.] 
 
 Having ascertained the result of the poll by counting 
 the votes given to each candidate, the returning officer 
 shall forthwith declare to be elected the candidates or 
 candidate to whom the majority of votes has been given 
 (B.A. s. 2). This declaration is usually publicly made 
 outside the hall or place in which the votes are counted, 
 immediately after the result has been ascertained ; and
 
 Counting the Votes and Declaration of Result. 309 
 
 there seems to be no legal objection to making it on a Chap, xil, 
 
 Sunday. It is to be made " forthwith," and therefore 
 
 must not be postponed until the next day, or delayed 
 for any reason whatever {Pritchard v. Bangor, Mayor, 
 etc. of, 13 App. Cas. 250, 258). "Forthwith" does not 
 mean immediately {Roberts v. Brett, 34 L, J. C. P. 241), 
 but within a reasonable time {R. v. Price, 8 Moore, 203 ; 
 R. V. Worcester, Justices of, 7 Dowl. 789 ; Pennant v. 
 Bell. 9 O. B. 6S4 ; Costar v. Hetherington, i El. & El. 
 802). It would seem that if, contrary to this provision, 
 the returning officer should remain silent and make no 
 formal declaration, the candidate having the majority of 
 votes would nevertheless be duly elected {Pritchard v. 
 Bangor, Mayor, etc. of, 13 App. Cas. 241), 
 
 If the candidate elected be alleged to be disqualified, ^jJ^Sate 
 the returning officer should nevertheless declare him to alleged to be 
 be elected, and should thus leave the objector, or the disqualified, 
 candidate next in order to the candidate elected and 
 alleged to be disqualified, to seek his remedy by election 
 petition, or otherwise as he may be advised. The return- 
 ing officer is no judge of the eligibility of candidates 
 (Heyw. Co. 526 ; PritcJiard v. Bangor, Mayor, etc. of, 
 13 App. Cas. 249, 250) ; nor can he be expected to take 
 upon himself to decide nice questions of law or fact upon 
 the spur of the moment, and during the heat of an 
 election contest (see Rog. 692 ; Sim. 183 ; Dnniferniling, 
 I Peck. 16 n). 
 
 The returning officer, or deputy returning officer, as Written 
 the case may be, shall forthwith fill up and sign a written declaration 
 ji .• ri 1 ^-1 ,,, .of result. 
 
 declaration ot tne result of the poll, and cause a copy of 
 
 it to be affixed on the front of the building in which the 
 votes have been counted (G.O. r. 23, par. 2 ; U.O. r. 22, 
 par. 2 ; R.O, r. 22, par. 2). The name and address of 
 the printer and publisher must appear on the face of any 
 printed copy so affixed (M.E.C.I.P.A. s. 14). In an 
 election of guardians, the declaration shall be in the 
 following form, or in a form to the like effect (G.O. r. 23, 
 par. I) :— 
 
 Union. 
 
 Election of Guardians for the above Union in the year 1S94. 
 
 Parish of \or ward of the parish of or united 
 
 parishes of ]. 
 
 I, the undersigned, being the Returning Officer [cr Deputy Return- 
 ing Officer duly authorised in that behalf] at the poll for the Election 
 of Guardians for the said parish {or ward, or united parishes] held on
 
 3IO Counting tJie Votes and Declaration of Result. 
 
 Chap. XII. the day of December, 1894, do hereby give notice that the 
 
 _U. ' number of votes recorded for each candidate at the election is as 
 
 follows : — 
 
 And I do hereby declare that the said are duly elected 
 
 Guardians for the said parish [(';- ward, or united parishes]. 
 
 Dated this 
 
 day of Dectmber, 1894. 
 
 Retti ruing Officer, 
 [or Deputy Retiirni7ig Officer^. 
 
 In an election of urban district councillors the declara- 
 tion shall be in the following- form, or in a form to the 
 like effect (U.O. r. 22, par. i) :— 
 
 for the above district \pr 
 
 Urban district of 
 
 Election of urban district councillors 
 for the ward of the above district]. 
 
 1, the undersigned, being the returning officer \or deputy returning 
 
 officer duly authorised in that behalf] at the poll for the election of 
 
 urban district councillors for the said district \or ward] held on the 
 
 day of December, 1894, do hereby give notice that the number 
 
 of votes recorded for each candidate at the election is as follows : — 
 
 Names of Candidates. 
 
 
 Number of Votes 
 
 Surnames. ' Other Names. 
 
 Places of Abode. recorded. 
 
 1 
 ! 
 
 i 
 
 
 And I do hereby declare that the said arc duly elected urban 
 
 district councillors for the said district \pr ward]. 
 Dated this day of December, 1894. 
 
 Rcturiiiitg Officer, 
 [or Deputy Returning Officer].
 
 Countiug the Votes and Declaration of Result. 3 1 1 
 
 And in an election of rural district councillors, the Chap. XII. 
 
 declaration shall be in the following form, or in a form 
 
 to the like effect (R.O. r. 22, par. i) :— 
 
 Rural District of 
 
 l-'lection of Rural 1 )istrict Councillors for the above District in the 
 year 1894. 
 
 Parish of \pr ward of the parish of or united 
 
 jiarishes of j. 
 
 I, the undersigned, being tlie Returning Officer \or Deputy Return- 
 ing Oft'icer duly authorised in that hehalfj at the poll for the election 
 of Rural District Councillors for the said parish [w Ward, or united 
 parishes] held on the day of December, 1894, do hereby give 
 
 notice that the number of votes recordetl for each candidate at the 
 election is as follows : — 
 
 Names of Candidates. 
 
 Places of Abode, 
 
 Number of Votes 
 recorded. 
 
 Surnames. ! Other Names. 
 
 
 
 
 
 And I do hereby declare that the said are duly elected 
 
 Rural District Councillors for the said parish \or ward, or united 
 parishes]. 
 
 Dated this day of December, 1894. 
 
 Rchiriiing Officer, 
 [or Deputy Returning Officer^. 
 
 If the above declaration is made by a deputy return- Sending 
 ing officer, he shall forthwith send it {i.e. the original f^^re^frn?"^ 
 declaration signed by him) to the returning officer (G.O. officer. '^ 
 r. 23, par. 2 ; U.O. r. 22, par, 2 ; R.O. r. 22, par. 2), 
 
 The returning officer shall prepare and sign a state- Publication 
 ment of the result of all the elections, and shall thereby of result of 
 
 declare the names of the candidates elected, and shall ' 
 
 cause a copy of such statement to be suspended in the 
 board room of the guardians, and shall send copies to 
 the overseers, who shall cause public notice to be given 
 of such statement, in the form and as mentioned, ajite, 
 pp, 127, 128. In an election of rural district councillors, he 
 shall prepare and sign this statement in duplicate, and 
 shall send one to the clerk to the rural district council, 
 and another to the clerk to the guardians of the union
 
 112 
 
 Counting the Votes and Declaration of Result. 
 
 Chap. XII. 
 
 Custody 
 
 AND E)E- 
 STRUCTIOX. 
 
 Inspection. 
 
 Expenses of 
 Election. 
 
 Guardians and 
 rural district 
 councillors. 
 
 comprising the rural district, and shall send copies to 
 the returning officer for so much of the rural district as 
 is situate in another union, and to the elected candidates, 
 as mentioned, ante, p. 134. 
 
 The name and address of the printer and publisher 
 must appear upon the face of every bill, placard, or 
 poster used for the purpose of giving this notice 
 (M.E.C.I.P.A. s. 14, and see ante, p. 228). No misnomer, 
 or inaccurate description of any person or place named 
 in the notice, shall hinder the full operation of such 
 notice with respect to that person or place, provided 
 the description of that person or place is such as to 
 be commonly understood (G.O. r. 35 ; R.O. r. 34 ; U.O. 
 r. 32) ; as to what is " commonly understood," see 
 ante, p. 100. This notice is entirely distinct from the 
 declaration of the poll, and cannot alter the effect of 
 a numerical majority of votes given for any candidate 
 {Pritchardv. Bangor, Mayor, etc. of, 13 App. Cas. 241). 
 
 Lastly, the returning officer shall carefully preserve 
 for six months all the packets of ballot papers in his 
 possession, together with the said reports, the 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 counter- 
 foils, and marked copies of registers, endorsing on each 
 packet a description of its contents and the date of the 
 election to which they relate, and the name of the parish 
 for which such election was held (B.A. rr. 38, 39) ; and 
 at the expiration of six months, unless otherwise directed 
 by an order of the county court having jurisdiction in 
 the parish (or rural district) or in any part thereof, or of 
 any tribunal in which the election is questioned, he shall 
 cause them to be destroyed (B.A. r. 39). 
 
 As to obtaining an order to inspect rejected or counted 
 ballot papers or counterfoils, see B.A, rr. 40, 41, 43, and 
 as to appealing against any order of the county court, 
 see B.A. r. 43 {a). As to inspecting all other documents 
 in the custody of the returning officer, see B.A. r. 42. 
 
 In an election of guardians, any sum which may be 
 payable to the returning officer in respect of his services 
 in taking a poll in the parish, or in respect of expenses 
 incurred in relation to such poll (G.O. r. 29, par. i ; 
 R.O. r. 28, par. i), shall be defrayed by the guardians of 
 the poor law union, and shall be charged to the parish 
 in their accounts (G.O. r. 29, par. i). In an election of
 
 Counting tJie Votes and Declaration of Result. 3 1 3 
 
 rural district councillors any such sum shall be defrayed Chap. XIT. 
 by the rural district council of the district, and shall be 
 charged to the parish in their accounts, and shall be 
 raised in like manner as any sums payable by the parish 
 in respect of the general expenses of the rural district 
 council (R.O. r. 28, par. i). 
 
 In an election of guardians, any other sum which 
 may be payable to the returning officer in respect of his 
 services in the conduct of the election, or in respect of 
 expenses incurred in relation to the election (G.O. r. 29, 
 par. 2 ; R.O. r. 28, par. 2), shall be defrayed by the 
 guardians, and shall, in the case of a union, be charged 
 to the common fund (G.O. r. 29, par. 2) ; in an election 
 of rural district councils, any such sum shall be defrayed 
 by the rural district council of the district, and shall be 
 charged in their accounts as general expenses (R.O. r. 28, 
 par. 2). 
 
 In an election of urban district councillors, any sum Urban district 
 which may be payable to the returning officer in respect councillors. 
 of his services in the conduct of the election of urban 
 district councillors, or in respect of expenses incurred in 
 relation to the election, shall be defrayed by the urban 
 district council out of the fund or rate applicable to their 
 general expenses under the Public Health Act, 1875 
 (U.O. r. 28, par. i). 
 
 If polls for the election of guardians and urban district Wliere polls 
 councillors are taken together, one-half of any expenses ^''^ ^/|^\^'^ 
 which may be payable in respect of the two polls jointly, "^ 
 including the remuneration of any officers employed in 
 the conduct thereof, shall be deemed to have been 
 incurred in relation to the poll for the election of 
 guardians, and shall be defrayed accordingly (G.O. r. 29, 
 par. 3), and the other half shall be deemed to have been 
 incurred in relation to the poll for the election of urban 
 district councillors, and shall be defrayed accordingly 
 (U.O. r. 28, par. 2). 
 
 If a poll for the election of rural district councillors 
 and of any parish councillors is taken at the same 
 date in the parish, one-half of any expenses which may 
 be payable in respect of the two polls jointly, including 
 the remuneration of any officers employed in the conduct 
 thereof, shall be deemed to have been incurred in relation 
 to the poll for the election of rural district councillors, 
 and shall be defrayed accordingly (R.O. r. 28, par. 3), 
 and the other half shall be deemed to have been incurred
 
 314 Counting the Votes and Declaration oj Result. 
 
 Chap. XII, 
 
 Wards. 
 
 United 
 
 parishes. 
 
 Scale of 
 expenses. 
 
 in relation to the poll for the election of parish 
 councillors, and shall be defrayed accordingly (P.O, r, 38, 
 par. 2). 
 
 If in an election of guardians, the parish is divided 
 into wards for the election of guardians, G.O, r. 29, pars. 
 I, 2, 3 {ante, p. 312 and supra) shall apply to each of 
 such wards as if it were a parish (G.O, r. 31, par. i), and 
 any sum which would be charged to any such ward 
 shall be charged to the parish in which the ward is 
 situate {ib. par, 3), 
 
 If in an election of rural district councillors, the 
 parish is divided into wards for the election of coun- 
 cillors, R.O. r. 28, pars, i, 2, 3 {ante, p. 312 and supra) shall 
 apply to each of such wards as if it were a parish 
 (R.O. r. 30, par, i), and any sum which would be charged 
 to any ward shall be charged to the parish in which the 
 ward is situate and shall be raised accordingly {ib. par, 3). 
 
 If in an election of urban district councillors the 
 district is divided into wards for the election of coun- 
 cillors, U.O, r, 28, pars, i, 2 {ante, p. 313) shall apply 
 to each of such wards as if it were the district (U.O. 
 r. 29, par, i), and any sum which would be charged to 
 any ward shall be charged to the district {ib. par. 3), 
 
 If the parish is united with any other parish for the 
 election of guardians, G.O. r, 29, pars, i, 2, 3 {ante, p. 5), 
 shall apply as if such parishes formed the parish 
 (G.O. r. 32, par. i) ; if it is united for the election of 
 rural district councillors, R.O, r. 28, pars, i, 2, 3 {ante, 
 pp, 312, 313) shall apply as if such parishes formed 
 the parish (R.O, r. 31, par. i). Any sum which would 
 be charged to the united parishes shall be divided 
 between them in proportion to the number of parochial 
 electors registered in such parishes respectively (G.O. 
 r. 32, par. 3 ; R.O. r. 31, par. 3), and shall be raised 
 accordingly (R.O, r, 31, par, 3). 
 
 The expenses of any election under the L.G.A. shall 
 not exceed the scale fixed by the county council, and if 
 at the beginning of one month before the first election 
 under the L.G.A, a county council have not framed any 
 such scale for their county, the Local Government Board 
 may frame a scale for the county, and the scale so 
 framed shall apply to the first election, and shall have 
 effect as if it had been made by the county council, but 
 shall not be alterable until after the first election 
 (L,G.A. s. 48, sub. 7).
 
 ( 315 ) 
 
 CHAPTER XIII. Chap. XIII. 
 
 TIME-TABLES FOR THE FIRST ELECTIONS. 
 
 Fixed Dates for First Time-Taiu.es . . .318 
 
 Elections . . -315 Guardians . . . 318 
 
 Coviputation of time . .315! Rural district councillors . 318 
 
 Sundays, hank holidays, etc.. 315 | Urban district councillors . 319 
 
 Miscalculation orMistake 317 . 
 
 The tables at the end of this chapter show the dates fixed Dates 
 for every act to be done on a fixed date in respect of for First 
 the first elections of guardians and district councillors in Elections. 
 December, 1894. 
 
 The computation of time in respect to these elections q^JJ^J^^^'"''"" 
 is much simplified by the non-application of M.C.A. 
 s. 230, a provision which has led to much discussion and 
 difficulty (see Election of County Councils, pp. 112, 184), 
 and by the exception of B.A. r. 56 from the provisions 
 which have been adapted to these elections. The result 
 is that the only enactment regulating the computation of 
 time is L.G.A. s. y^- 
 
 It will be observed that this enactment (L.G.A. s. 73) Sundays, 
 does not direct that Sundays, etc., shall be excluded in bank holi- 
 reckoning time (r/. B.A. r. 56), but simply provides that ^''^''' ''^'^• 
 when the day on which anything is required by or in 
 pursuance of this Act to be done is Sunda}', Christmas 
 Day, or Good Friday, or a bank holiday, that thing shall 
 be done on the next following day, not being one of the 
 days above mentioned. 
 
 The bank holidays are Easter Monday, Whit Monday, 
 the first Monday in August, and the 26th December, if 
 a week day ; if not, the 27th December (34 & 35 Vict, 
 c. 17, s. I ; 38 & 39 Vict. c. 13, ss. i, 2). The Act 
 (L.G.A. s. 7S) does not mention a day appointed for 
 public fast, humiliation, or thanksgiving {fj^. M.C.A.
 
 3i6 Time-tables for the First Elections. 
 
 Chap. XIII. s. 230), and such a day must therefore be treated like 
 any other day. 
 
 Sundays, bank hoHdays, etc., are therefore not ex- 
 cluded in the computation of time, but are to be reckoned 
 like any other day. But when the day on which any- 
 thing is required by or in pursuance of the L.G.A. to be 
 done falls on a Sunday, etc., that thing is to be done, not 
 on the Sunday, but on the next following working day, 
 not being one of the days above mentioned, and thus, 
 under such circumstances, the L.G.A. prohibits the doing 
 of any such thing on a Sur^day, etc. 
 
 Where however the thing is not required, but is only 
 allozved, to be done by or in pursuance of the L.G.A., 
 and the day on which it is allowed to be done falls on a 
 Sunday, etc., it is submitted that the above enactment 
 does not apply, and that the thing, if done, must be done 
 on the Sunday (if it be a thing which may lawfully be 
 done on a Sunday) or on the previous working day, not 
 being Christmas Day, or any of the days above men- 
 tioned {cp. M.C.A. s. 230, sub. 2, and Westbiuy-on- Severn 
 Union, 4 E. & B. 314, where the words of the order in 
 question were " the day appointed for the performance of 
 any act," and the order prescribed that " each subsequent 
 proceeding shall be postponed one day") : as to things 
 which may lawfully be done on a Sunday, see Colvill v. 
 Lezuis, 2 M. G. & S. 60 ; Raivlins v. West Derby, Over- 
 seers of, ib. 72. So also, where the thing though required 
 to be done by or in pursuance of the L.G.A. is not re- 
 quired to be done on a certain day, but may be done on 
 any one of several days, it is submitted that the enact- 
 ment does not apply, and that the thing must be done 
 on the Sunday (if it be a thing which may lawfully be 
 done on a Sunday), or on the previous working day, not 
 being any of the days above mentioned (see the opinion 
 of Mr, R. S. Wright, Election of County Councils, 
 p. 261). 
 
 Thus, for example, the chairman of the parish meeting, 
 where a poll is demanded, is required on the day after 
 the parish meeting to send notice to each of the can- 
 didates who have been nominated (P.O. r, 16), and this 
 is a thing which is required, in pursuance of the L.G.A., 
 to be done on a day certain. If therefore the parish 
 meeting were held on a Saturday, it would be the chair- 
 man's duty to send this notice not on the Sunday, but 
 on the following Monday,
 
 Time-tables for tlic First Elections. 317 
 
 But the notice of poll, which lias to be given five clear Chap. XTTI. 
 
 days at least before the day fixed for the poll (G.O. 
 
 r, 16, par. i ; R.O. r. 15, par. i ; U.O. r. 15, par. 1), 
 though a thing which is required to be done in pursuance 
 of the L.G.A., is not required to be done on a day 
 certain, but may be done on any day, not being less 
 than five clear days before the day fixed for the poll. 
 The notice of poll which has to be given when the poll 
 day is fixed for Saturday, the 15th of December, may 
 therefore, it is submitted, be given on Sunday, the 9th 
 of December, or on Saturday, the 8th of December, but 
 Avill be too late if given on Monday, the loth of December, 
 1894. 
 
 Again, the appointment of a polling agent which 
 candidates may send to the returning officer not less 
 than two clear days before the day of the poll (G.O, 
 r. 19; R.O. r. 18 ; U.O. r. 18), is a thing, not required 
 but allowed, to be done in pursuance of the L.G.A., and 
 when therefore the last of the days on which this thing 
 can be done falls on a Sunday, it must, it is submitted, 
 be done on that Sunday or on some previous working 
 day, and cannot be done on the following Monday. 
 
 It is possible that a different view may be taken by Miscalcula- 
 the courts of the above enactment (L.G.A. s. J-^, see tion or 
 Westbnry-on-Severu Union, 4 E. & B. 314, but until ^^^^'^^'^^- 
 then the above is, it is submitted, the safe and prudent 
 view to take. Little, if any, practical danger is likely 
 to arise from any miscalculation or bond fide mistake, 
 inasmuch as it is enacted that no election shall be 
 declared invalid by reason of a non-compliance with the 
 rules contained in the first schedule to the L.G.A., or in 
 the G.O., R.O., or U.O., if it appears to the tribunal 
 having cognizance of the question that the election was 
 conducted in accordance with the principles laid down 
 in the body of the B.A. and L.G.A., and that such non- 
 compliance or mistake did not affect the result of the 
 election (B.A. s. 13). This, therefore, practically saves 
 any accidental miscalculation or bond fide error, not 
 affecting the result of the election, with respect to any 
 of the dates down to and including the day of poll ; and 
 the subsequent, though equally important dates, do not 
 affect the validity of the election then already held.
 
 ii8 
 
 Tinic-tablcs for tlic First Elections. 
 
 Chap. XIII. 
 
 
 Time- 
 tables. 
 
 t 
 
 Guardians. 
 
 1894. 
 Dec. I, Sat. . 
 ,, 5, Wed. 2 r.M 
 ,, 7, Fii. 4 P.M. 
 
 4 P.M. 
 
 Time-Tadle for the Election of 
 GUARDIANS. 
 
 I^ast day for notice of election. 
 
 Last day and hour for sending in nomination papers. 
 
 Last day and liour for candidate to withdraw his 
 
 candidature. 
 Returning officer's statement as to persons validly 
 
 nominated to be sent to returning ofticer for 
 
 election of urlsan district councillors. 
 Last day for returning officer's statement as to 
 
 persons nominated. 
 
 Last day for notice of poll 
 
 Sun. 9 Dec* Tues. 11 Dec. Wed. 12 Dec. 
 
 Thurs. 13 Dec. 
 
 Last day for sending in 
 appointment of polling 
 agents 
 
 Wed. 12 „ Fri. 14 ,, ,S.at. 15 
 
 Sun. 16 „ 
 
 Poll day ... 
 
 ."^at. 15 ,, X Mon. 17 ,, t Tues. 18 ,, % 
 
 Wed. 19 „ X 
 
 Dec. 28, Fri. 
 
 Guardians come into office, and present guardians 
 retire. 
 
 Rural idistrict 
 councillors. 
 
 Time-Table for the Election of 
 RURAL DISTRICT COUNCILLORS. 
 
 1894. 
 Dec. I, Sat. . • Last day for notice of election. 
 
 >j 5) Wed. 2 P.M. Last day and hour for sending in nomination papers. 
 ,, 7, Fri. 4 P.M. Last day and hour for candidate to withdraw his 
 
 candidature. 
 J, ,, . . Last day for returning officer's statement as to 
 
 iiersons nominated. 
 
 Last day for notice of poll Sun. 9 Dec* 
 
 Tues. II Dec. 
 
 Wed. 12 Dec 
 
 Thurs. 13 Dec. 
 
 Last day for sending in 
 appointment of polling 
 agents 
 
 Wed. 12 „ 
 
 Fri. 14 ,, 
 
 Sat. IS 
 
 Sun. 16 „ 
 
 Poll day 
 
 Sat. 15 ,, X 
 
 Mon. 17 ,, ^ 
 
 Tues. iS „ X 
 
 Wed. 19 „ X 
 
 Dec. 28, Fri. . . Rural district councillors come into office, and 
 
 members of present rural sanitary authority cease 
 to hold office. 
 
 * .See ante, p. 317- 
 
 t This is the poll day fixed by G.O. r. 2, par. i. 
 
 i The poll can only be held on any one of these days if the county 
 council, for special reasons, so fi.\ it. 
 
 § This is the poll day fi.\ed by R.O. r. 2, par. i.
 
 Time-tables for t/ic First Elections. 
 
 319 
 
 Time-Table for the Election of 
 URBAN DISTRICT COUNCILLORS. 
 
 1894. 
 Dec. I, Sat . . Last day for notice of election. 
 
 ,, 5, Wed. 2 P.M. Last day and hour for sending in nomination papers. 
 ,, 7, Fri. 4 P.M. Last day and hour for camlidate to witlidraw his 
 
 candidature. 
 ,, ,, . . Last day for returning officer's statement as to 
 
 persons nominated. 
 
 Chap. XIII. 
 
 Urban district 
 councillors. 
 
 Last day for notice of poll , Sun. 9 Dec* 
 
 Last day for sending in 
 appointment of polling 
 agents . . . | Wed. 12 „ 
 
 Poll day 
 
 Tucs. u Dec. Wed. 12 Dec. , Thi 
 
 Dec. 
 
 Fri. 14 ,, Sat. 15 ,, Sun. 16 
 Sat. 15 „ J Mon. 17 „ f Tues. 18 „ % Wed. 19 
 
 Dec. 31, Mon. . Urban district councillors come into office, and 
 
 members of present urban sanitary authority cease 
 to hold office. 
 
 * See ante, p. 317. 
 
 t This is the poll day fi.xed by U.O. r. 2, par. i. 
 
 X The poll can only be held on any one of these days, if the county 
 council, for special reasons, so fi.\ it.
 
 ( 320 ) 
 
 PART V. 
 OFFENCES AT ELECTIONS. 
 
 Chap. XIV. 
 
 Definition. 
 
 Bribery. 
 
 
 CHAPTER XIV. 
 CORRUPT PRACTICES. 
 
 
 Definitio/i 
 
 Bribery 
 
 Treating 
 
 PAGE 
 . 320 
 
 • 321 
 
 Undue iiifiiience 
 
 Personation . 
 
 General corntpt practices 
 
 PAGE 
 
 • 321 
 . 321 
 . 322 
 
 The M.E.C.I.P.A., as adapted and altered by the 
 G.O. r. 27, R.O. r. 26, and U.O. r. 26, is appHed to the 
 election of guardians and district councillors by L.G.A. 
 s. 48, sub. 3. 
 
 Corrupt practices comprise bribery, treating, undue 
 influence, personation, and the aiding, abetting, coun- 
 selling, and procuring of personation (M. E.C.I. P.A. s. 2, 
 sub. I). 
 
 Bribery may be shortly defined as the direct or 
 indirect gift, loan, offer, or promise or procurement, 
 before, during, or after an election, of any money, valuable 
 consideration, office, place, or employment, to or for any 
 voter, in order to induce such voter to vote, or to refrain 
 from voting, or because he has voted or has refrained 
 from voting, for any person, or because he has procured, 
 or endeavoured to procure, the return of any person or 
 the vote of any voter (M.E.C.I.P.A. s. 2, sub. i ; sch. III. 
 part I.). The essence of a bribe is its corrupt intention, 
 and if that be proved, the amount of the bribe is im- 
 material, even though the act be isolated and insigni- 
 ficant. The recipient of the bribe is guilty of bribery as 
 well as the briber. A mere offer, or promise, of a bribe, 
 a loan as distinguished from an absolute gift, may be a 
 bribe, and it matters not how long before the election
 
 Corrupt Practices. 32 1 
 
 the bribe be given, if it be operative on the person CiiAr. XIV 
 
 bribed at the time of the election. See further hereon, 
 
 Election Agent, p. 380. 
 
 Treating may be shortly defined as the direct or Treating, 
 indirect, corrupt gift or provision, before, during, or after 
 an election, of meat or drink to any person, for the pur- 
 pose of corruptly influencing any person to give or 
 refrain from giving his vote, or on account of his having 
 voted or refrained from voting at an election (M. E.C.I. P.A. 
 s, 2, sub. I ; sch. III. part I.). The elector who cor- 
 ruptly accepts the same is also guilty of treating {ib)\. 
 The corrupt intent is of the very essence of the offence ; 
 treating before the election must be operative on the 
 elector at the time he votes or is expected to vote, and 
 treating after the election must be for the purpose of 
 rewarding the voter for having voted in a particular 
 way, or in pursuance of a previous corrupt understanding 
 or agreement. But mere hospitality, unaccompanied by 
 any corrupt motive, is not treating. See further hereon, 
 Election Agent, p. 406, 
 
 Undue influence may be shortly defined as the direct Undue 
 or indirect use or threat of force, violence, or restraint, ^"^^"'^Q'^e. 
 or the infliction or threat of temporal or spiritual injury, 
 damage, harm, or loss, upon or against any person, 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 an election, or the impeding 
 or preventing of the free exercise of the franchise 
 by abduction, duress, or any fraudulent device or con- 
 trivance (M.E.C.I.P.A. s. 2, sub. I ; sch. III. part I.). 
 Influence to be undue must be corrupt, but the threat 
 or attempt is an offence equally with the actual act. 
 See further hereon Election Agent, p. 423. 
 
 Personation is the application for a ballot paper in Personation, 
 the name of some other person, or the application in 
 the applicant's own name after having already voted at 
 the same election {M.E.C.I.P.A. s. 2, sub. i ; sch. III. 
 part I.). The aiding, abetting, counselling, or procuring 
 the commission of personation is also personation {//;.). 
 The offence must be knowingly and wilfully committed, 
 and with a corrupt mind and intention ; an innocent 
 or bond fide, though erroneous, application for a ballot 
 paper is not personation. See further hereon, Election 
 Agent, p. 434. 
 
 Y
 
 322 
 
 Ci rrjipf Practices. 
 
 Chap. XIV 
 
 General 
 corrupt 
 practices. 
 
 An election for a guardian or a district councillor 
 shall be wholly avoided by such general corruption, 
 bribery, treating, or intimidation at the election as would 
 by the common law of parliament avoid a parliamentary 
 election (M.C.A. s. 8i ; and see Election Agent, pp. 379, 
 405, 417)-
 
 0-J 
 
 CHAPTER XV. 
 
 Chap. XV. 
 
 ILLEGAL PRACTICES, PAYMENT, EMPLOY- 
 MENT, AND HIRING. 
 
 I.— ILLEGAL PRACTICES. 
 
 Definition of illegal pi-acf ice, ami 
 its consequences 
 
 Definition of '■'■payment.''^ '■'■ pc- 
 attiiary reuanif and 
 '''■ money ^'' 
 
 Definition of ''^ person'''' . 
 
 Illegal Practices by Can- 
 didate OR ANY Agent 
 
 Payments or contracts for pay- 
 ment for :— . 
 
 1. Conveyance of voters to or 
 from the poll . 
 
 2. Exhilrition of addresses, 
 notices, etc. 
 
 324 
 325 
 
 325 
 
 325 
 
 325 
 
 325 
 
 Illegal Pkact;ces ijv Can- 
 did ^TE OR any Agent — 
 continued. 
 3. Committee i-ooms in excess 
 of niiml'cr alloiced . . 325 
 
 Illec;al Practices by Can- 
 didate. . . . 325 
 
 1. Voti>ig, etc., li'hen prohi- 
 bited . . . .325 
 
 2. /-'alse statement of 7vith- 
 drau<al .... 325 
 
 3. Omitting printer s name 
 
 on placards . . 326 
 
 Illegal Practices bywiiom- 
 
 SOEVER committed . 326 
 
 II.— ILLEGAL PAYMENT, EMPLOYMENT, AND HIRING. 
 
 Definition and consequences . 326 
 Illegal Payments . . 326 
 
 1 . Prozidiiig money for ille- 
 gal payments . . . 326 
 
 2. Corrupt loithdrazi'al of 
 candidate . . .326 
 
 3. Paying, etc., for music, 
 torches, flags, etc. . . 326 
 
 Illegal Employment . 327 
 
 I. Employing, etc., persons 
 for unauthorized purposes 
 or remuneration . . 327 
 
 Illegal Hiring . 
 
 1. Letting, etc., hackney car- 
 riages, etc., to convey elec- 
 tors to the poll. 
 
 2. Hiring, etc., prohibited 
 premises for committee 
 
 room .... 
 Unclassified Offences 
 Printing, etc., election pla- 
 card, etc., without printer's 
 etc., name, etc. 
 
 527 
 
 327 
 
 327 
 327 
 
 328 
 
 I. — Illegal Practices. 
 
 An illegal practice is an offence created by the Definition of 
 C.I.P.P.A., and continued by the AI.E.C.T.P.A. The i"egal prac- 
 latter Act, as adapted by the G.O. r. 27I; R.O. r. 26, and ^'"^ ^'''^ '^' 
 
 Y 2 
 
 consequences.
 
 324 Illegal Practices, Paynujit, Employ in ent, and Hiring. 
 
 Cn\r. XV. U.O. r. 26, is applied to the election of guardians and 
 
 district councillors, by L.G.A. s. 48, sub. 3. 
 
 Some acts are illegal practices when committed by 
 any agent or person whomsoever ; and some are so only 
 when committed by the candidate. As regards the seat, 
 some illegal practices avoid the election if committed by 
 the candidate or any of his agents (M.E.C.I.P.A. s. 8), 
 others have this effect only when committed by the 
 candidate {ib. ss. 6, 17) ; but where the election court 
 reports that illegal practices have so extensively pre- 
 vailed that they may be reasonably supposed to have 
 affected the result of the election, the election is avoided 
 {ib. s. 18), by whomsoever the illegal practices were 
 committed. As regards the offender, his vote is, ipso 
 facto, void {ib. s. 22), and a conviction renders him 
 liable to a fine of _;^ 100, and incapacitates him for five 
 years from voting at any election held for or within 
 the parish, united parishes, or urban district, in which 
 the illegal practice has been committed {ib. s. 7). As 
 regards eligibility, if the election judges report that 
 an illegal practice in reference to the election was com- 
 mitted by the candidate or his agents, the candidate 
 shall not be capable of being elected to or holding the 
 office of guardian or district councillor in the said parish, 
 united parishes, or urban district, during the period for 
 which he was elected to serve, or for which if elected 
 he might have served, and if he was elected his election 
 shall be void {ib. s. 8, sub. 2) ; so also if extensive 
 illegal practices be reported {ib. s. 18) ; and, if the report 
 is that the candidate has himself been guilty of such 
 illegal practice, he shall also be subject to the same 
 incapacities as if at the date of the report he had been 
 convicted of such illegal practice {ib. s. 8, sub. 2). As 
 to relief against the consequences of the illegal practice, 
 seQposf, pp. 330, 345- . 
 Dcfiiiition of In Considering the subjects of illegal practices, and of 
 II payment, jUcgal payment, employment, or hiring, it must be care- 
 revvaVcV'^and fuHy borne in mind that the expression "payment" 
 "money." includes any pecuniary or other reward ; that the 
 expressions " pecuniary reward " and " money," include 
 any office, place, or employment, and any valuable 
 security or other- equivalent for money, and any valuable 
 consideration (M.E.C.I.P.A. s. 34 ; C.I.P.P.A. s. 64) ; and 
 that refreshment, for example, being money's worth, is 
 equivalent to payment {Barrow-in-Fnrness, 4 O'M. & H.
 
 Illegal Prastices. 325 
 
 7^). Also, that the expression " person " includes an Chap. XV. 
 association or body of persons, corporate or unincor- ^ (^nuTii of 
 porate, and that where any act is done by any such «« person." 
 association or body, the members of such association or 
 body, who have taken part in the commission of such 
 act, are liable to any fine or punishment imposed for the 
 same by the Act (M.E.C.I.P.A. s. 34 ; C.I.P.P.A. s. 64). 
 The knowledge which the offender must possess is a 
 knowledge of the facts which constitute the offence ; e.g. 
 he must be fixed with knowledge of all facts which 
 constitute a conveyance a public stage or hackney 
 carriage {^I.E.I.C.P.A. s. 10), and that established, the 
 presumption as to knowledge of the law will apply and 
 bring the case within the Act. 
 
 The acts which are illegal practices, avoiding the elec- Illegal 
 tion, if committed by the candidate or any of his agents p^'^.^^^d^^^ ^^ 
 (M.E.C.I.P.A. s. 8, sub. 2), are three in number, viz. : — or any ^ 
 
 I, 2 & 3. Any payment, or contract for payment, Agent. 
 knowincjly made in contravention of the Act, or the „ ~ 
 
 ' X n.vnidits Or 
 
 receiving any payment, or being party to any contract, contracts for 
 with the like knowledge, on account of — payment 
 
 {a.) The conveyance of electors to or from the poll, '^^'^ =~ 
 
 whether for the hiring of horses or carriages or j^^^e of voters 
 for railway fares, or otherwise (M.E.C.I.P.A. to or from the 
 s. 4, sub. I {a) and sub. 2, and see ajite, p. 233). i-°'^- 
 {b.) The use of any house, land, building, or premises 2. Exhibition 
 for the exhibition of any address, bill, or notice, of addresses, 
 or on account of the exhibition of any address, ^° ^^^^' ^ ^' 
 bill, or notice, the recipient, or party to the 
 contract, being an elector, and not an advertising 
 agent receiving such payment or making such 
 contract in the ordinary course of his business 
 (M.E.C.I.P.A. s. 4, sub. I (/;), sub-ss. 2, 3, and 
 
 see ante, p. 229). _ Committee 
 
 (r.) Any committee room m excess of the number rooms in 
 allowed by the Act (M.E.C.I.P.A. s. 4, sub. i (c), excess of 
 sub. 2, and sec anle, p. 208). _ '^^^^'^^ 
 
 The acts which are illegal practices when com- r,,^^., 
 
 1 f 1 11-1 • 1 1 1 - ILLEGAL 
 
 mitted by the candidate, and which avoid the election practices by 
 (M.E.C.I.P.A. s. 8, sub. 2) are also three in number, viz.: — Candidate. 
 
 1. Voting when prohibited by statute, or knowingly ^ yJ^~ 
 inducing, or procuring, any person to vote who is so etc., when 
 jM-ohibited from voting (M.E.C.I.P.A. s. 6, sub-ss. i, 3). prohibited. 
 
 2. Knowingly publishing a false statement of the with- ^; f^^^ , ^ 
 
 o y i_ o _ Statement oi 
 
 drawal of a candidate, for the purpose of promoting or withdrawal.
 
 326 Illegal F radices, rayinent, Einployment, and Htrivg. 
 
 3. Omittin 
 printer's 
 name on 
 placards. 
 
 Illegal 
 
 Chap. XV. procuring the election of another candidate (M.E.C.I.P.A. 
 s. 6, sub-ss. 2, 3). 
 
 3. Printing, publishing, or posting, or causing to be 
 printed, published, or posted, any bill, placard, or poster, 
 having reference to an election, which does not bear upon 
 its face the name and address of the printer and publisher 
 (M.E.C.I.P.A. s. 14, and see ante, p. 228). 
 
 The acts which are illegal practices ab initio, and by 
 Practices BY whomsoever committed, and which render the offender 
 WHOMSOEVER jjablc to tlic fine and incapacities above mentioned 
 
 COMMITTED. , \ r ■ i • 
 
 (p. 324), are five ni number, viz. : — 
 
 I — 3. The three offences mentioned under the first 
 heading of" Illegal practices by candidate or any agent " 
 {ante, p. 325)- 
 
 4, 5. The first and second offences mentioned under 
 the second heading of " Illegal practices by candidate, 
 ante, p. 325). 
 
 Definition and 
 consequences. 
 
 Illegal 
 Payments. 
 
 1. Providing 
 money for 
 illegal 
 payments. 
 
 2. Corru]~>t 
 withdrawal of 
 candidate. 
 
 3. Paying, 
 etc., for music, 
 torches, flags, 
 etc. 
 
 II. — Illegal Payment, Employment and Hiring. 
 
 An illegal payment, employment, or hiring is also an 
 offence created by the C.I.P.P.A. and continued by the 
 M.E.C.I.P.A. It does not avoid the election, unless the 
 offender is the candidate, in which case it becomes an 
 illegal practice (M.E.C.I.P.A. s. 17, sub. 2), and as such 
 avoids the seat {ib. s. 8, sub. 2) ; or unless it has so ex- 
 tensively prevailed that it may be reasonably supposed 
 to have affected the result of the election {ib. s. 18). It 
 avoids the vote {ib. s. 22), and renders the offender liable 
 to a fine of iJ"ioo {ib. s. 17, sub. i ; and see further as to 
 this fine, Election Agent, p. 472) ; but does not affect 
 his franchise or eligibility. 
 
 The following are illegal payments : — 
 
 1. Knowingly providing money for any payment pro- 
 hibited by the Act, or for replacing any money so 
 expended, except where the same may have been pre- 
 viousl\- allowed by the High Court to be an exception 
 from the Act (M.E.C.I.P.A. ss. 9, 20). 
 
 2. Corruptly inducing, or procuring, any candidate to 
 withdraw in consideration of any payment or promise 
 of pa}-ment, and the withdrawing of any candidate in 
 pursuance of any such inducement or procurement 
 (M.E.C.I.P.A. s. II). 
 
 3. Making, or knowingly receiving, a payment, or
 
 Illegal Payiiu'Jit, Employ inent, and Hiring. 327 
 
 making or knowingly being party to a contract for pay- Cuap. XV. 
 
 ment, for the purpose of procuring or promoting a 
 
 candidate's election, for bands of music, torches, flags, 
 banners, cockades, ribbons, or other marks of distinction, 
 unless an exception be allowed (M.E.C.I.P.A. s. 12, Illegal 
 sub-ss. I, 2 ; and see s. 15, and see ante, p. 220). Employ- 
 
 The following is an illegal employment : — ment\ 
 
 I. Engaging or employing for payment, or promise of i. Employing, 
 payment, any person, or being so engaged or employed, etc., person:,, 
 knowing that the same is contrary to law, for the purpose Hzed^^ur?*'' 
 of promoting or procuring the election of a candidate, poses o7 
 in any capacity whatever, except those autho-'zcd by lemunera- 
 the Act, and except so far as payment is authorized ^'°"" 
 by the Act, and subject to any exception that may 
 be allowed (M.E.C.I.P.A. ss. 13, 20, and see Stepney, 
 4 O'M. & H. 52). "A person so engaged could not 
 relieve himself from the consequences by merely plead- 
 ing ignorance of the law ; he would have to show that 
 he was ignorant of the facts which made his engage- 
 ment unlawful " (Gorst, 39). An offer of refreshment to 
 volunteer workers, if accepted and acted upon by them 
 is an engagement or employment, and the refreshment 
 so promised or given is payment within the above section 
 {Barroiu-in-Fnniess, 4 O'M. & H. 78). Illegal 
 
 The following are illegal hirings :— Hiring^ 
 
 1. Knowingly letting or hiring, lending or borrowing, i. Letting, 
 employing or using, for the conveyance of electors to or ^^'^•'.^^^'^'^^y 
 from the poll, any public stage or hackney carriage, or e?c.?trconvey 
 any horse or other animal kept or used for drawing the electors to the 
 same, or any carriage, horse, or other animal kept or P°^l- 
 
 used to let out for hire (M.E.C.I.P.A. s. 10, sub-ss. i, 2 ; 
 Buckrose, 4 O'M. & H, 117 ; and see ante, p. 232). But 
 this does not extend to a carriage, horse, or other animal 
 let to, or hired, employed, or used by an elector, or by 
 several electors at their joint cost, for the purpose of his 
 or their being conveyed to or from the poll (M.E.C.I.P.A. 
 s. 10, sub. 3 ; and see ante, p. 235). 
 
 2. Hiring, or using as a committee room, any pro- 2. Hiring, 
 hibited premises, and letting any such premises knowing 5;^^., pro- 
 that the same are to be so used (M.E.C.I.P.A. s. 16 ; premises for 
 Buckrose, 4 O'M. & H. 11 3, 114, 11 5 ; and see ante, p. 208). committee 
 
 The following offence subjects the offender (not being "^oo"^- 
 the candidate) to a fine of ;^ioo (M.E.C.I.P.A. s. 14), Unclassi- 
 and, if committed by the candidate is an illegal practice offences 
 {ib.). It is not {ex parte De Wette, 5 Times L. R. 173), .'
 
 328 Illegal Practices^ Payment, Employment, and Hiring. 
 
 Chap. XV. possibly by an oversight, denominated an illegal pay- 
 
 ment, employment, or hiring : — 
 
 Printing, etc., Printing, publishing, or posting, or causing to be 
 'siacard etc Pointed, published, or posted, any bill, placard, or poster 
 without' ' having reference to an election, which does not bear 
 printer's, etc., upon its facc the name and address of the printer and 
 name, etc. publisher (M.E.C.I.P.A. s. 14 ; and see ante, p. 228).
 
 ( 329 ) 
 
 CHAPTER XVI. CuAr. xvi. 
 
 RELIEF FROM ILLEGAL PRACTICES, ETC. 
 
 
 
 I'AGE 
 
 
 Circumstances under 
 
 
 Hearing . . . . 
 
 WHICH Application may 
 
 
 Parties to be heard 
 
 BE MADE 
 
 
 330 
 
 Election petition pending 
 
 To 'iiJiom made . 
 
 
 330 
 
 Applications tuhich have been 
 
 By ivhom made 
 
 
 330 
 
 gra7ited 
 
 When to be made 
 
 
 Zl<^ 
 
 Paid agents, canvassers. 
 
 Hffiv made 
 
 
 11^ 
 
 bill distributors, etc. 
 
 Notice 
 
 
 331 
 
 Applications ivhich have been 
 
 Evidence . 
 
 
 331 
 
 refused. 
 
 " Inadvertence''^ 
 
 
 332 
 
 Order and its effect 
 
 ' ' Accidental miscalciiiation 
 
 '333 
 
 Costs . ' . 
 
 ' ' Other reasonable cause of 
 
 
 Appeal .... 
 
 a like nature " 
 
 
 333 
 
 
 I'AfiE 
 
 333 
 333 
 334 
 
 334 
 
 335 
 
 335 
 336 
 
 337 
 
 The M.E.C.I.P.A., as adapted and altered by the G. O. 
 r. 27, R.O. r. 26., and U.O. r. 26, is applied to the 
 election of guardians and district councillors by L.G.A, 
 s. 48, sub. 3. 
 
 The severity of many of the provisions of the 
 M. E.C.I. P.A. has been moderated by the power which 
 the Act gives to the courts of awarding relief, in many 
 cases, to an innocent candidate, agent, or other person, 
 against the consequences of acts and omissions in which 
 they have not participated, or which are due merely to 
 inadvertence. There is no power to grant relief against 
 an act of bribery or personation, but with these excep- 
 tions this power of awarding relief extends to all classes 
 of election offences. 
 
 The relief which can be granted on the trial of an 
 election petition in respect of trivial acts of treating, 
 undue influence, or illegal practices, is dealt with in the 
 next chapter, /fjj-/, p. 345. The present chapter is con- 
 fined to those cases in which the dispensing power may 
 be exercised before an election petition is filed, or inde- 
 pendently of any such petition.
 
 330 Relief from Illegal Practices, etc. 
 
 CiiAr. XVI. Where any act or omission of a candidate at an 
 
 , election of a guardian or district councillor, or of any 
 
 stISces agent or other person, would, by reason of being in 
 UNDER contravention of the M. E.C.I. P.A., be but for s. 20 an 
 
 WHICH illegal practice, payment, employment, or hiring, then if 
 
 MAY BE the act or omission arose from inadvertence, accidental 
 
 MADE. miscalculation, or some other reasonable cause of a 
 
 like nature, and not from any want of good faith, an 
 
 order may be granted by the High Court or the 
 election court, allowing such act or omission to be an 
 exception from the provisions of the Act, and thereupon 
 such candidate, agent, or person, shall not be subject to 
 any of the consequences of the said act or omission 
 (M.E.C.I.P.A. s. 20). It will be observed that this sec- 
 tion refers exclusively to illegal practices, while s. 19 
 (see post, p. 345) extends to certain corrupt practices, 
 that this section deals with the acts of the candidate as 
 well of his agents and other persons, while s. 19 is 
 confined to the acts of the candidate's agents {Hexham, 
 November 24th, 1892). See also as to the effect of an 
 order made hereunder, /^jt/, p. 336. 
 To whom The application maybe made to the High Court or 
 
 made. the election court (M.E.C.I.P.A. s. 20), and if made to 
 
 the High Court, it may be made to an election judge 
 sitting in court or at chambers, but not to a master, 
 nor to a judge who is not an election judge (fb. s. 30 ; 
 C.I. P.P. A., s. 56, sub. i) It is usually made direct to 
 the divisional court, but in one instance has been made 
 to an election judge in chambers {Chelsea, 2 Times L. R. 
 
 374)- 
 By whom. The application may be made by the candidate, or 
 
 other agent or person, endangered by the act or omission 
 in question (see M.E.C.I.P.A. s. 20); but an application 
 cannot be made by a printer or publisher of a bill, 
 placard, or poster, for relief against the consequences of 
 omitting to print, etc., his name, etc., thereon, as his 
 offence is not an illegal practice, etc. {ex parte De Wette, 
 5 Times L. R. 173). 
 When to be The application must be made promptly after dis- 
 made. covery of the act or omission, or it may be refused on 
 
 the ground of delay {re Pembroke County Council Elec- 
 tion, 5 Times L. R. 272, 321) ; and if made as soon as 
 the act or omission is discovered, or immediately after 
 the declaration of the result of the election, it may save 
 a successful candidate from an election petition. If
 
 Relief fr:vi Illegal Practices, etc. 331 
 
 made by or on behalf of a successful candidate, and if CuAr. XVI. 
 the act or omission amounts to an illegal practice, the 
 application must be made previously to the report of 
 the election court, or his seat will be gone, and the 
 incapacities attaching to an illegal practice will have 
 been incurr^^d (M.E.C.I.P.A. s. 8, sub. 2). 
 
 The application is made by motion to the court, or by How made, 
 application to the judge in chambers, and is, in either 
 case, made ex parte, after notice. If proper notice has 
 been given, and if the evidence is sufficient to bring the 
 case within the Act, the court disposes of the application 
 at once ; but if such is not the case, it usually directs 
 that the application be renewed after proper notice has 
 been given {South Shropshire, 34 W. R, 352), or further 
 evidence has been obtained {re Terry & Wharton, 
 I Times L. R. 183). 
 
 Such notice of the application must be given in the Notice. 
 parish, united parishes, urban district, or ward, for which 
 the election was held, as to the court seems fit 
 {M.E.C.I.P.A. s. 20 {c) ; for a form, see Election Agent, 
 No. ^'^, p. 6%T;). It is usually given to each of the 
 candidates, to the returning officer, and to the con- 
 stituency, by advertisement {South Shropshire, 34 W. R. 
 352 ; 7'e Hart, 2 Times L. R. 24) and by conspicuous 
 posters throughout the constituency {re Terry & Wharton, 
 I Times L. R. 183 ; re Election of County Cojincillors, 
 5 ib. 173). If the application is to be made during the 
 trial of an election petition, notice given by counsel 
 orally in open court has in one case been held to be 
 sufficient {Norzvich, 4 O'M. & H. 89), but the present 
 practice is to give all the usual notices and advertise- 
 ments {Hexham 22nd, 24th November, 1892). The notice 
 must be given a sufficient time before the application is 
 intended to be made {re Election of County Councillors, 
 5 Times L. R. 195) ; it must give sufficient information 
 as to the relief sought {re Graveson, Times newspaper, 
 31st January, 1889), and must be clear and explicit, and 
 not too wide, or the cost of opposition, or of an adjourn- 
 ment, may be imposed on the applicant {re Keatinge &■ 
 Wynn, 5 Times L. R. 195). It need not be served on 
 the attorney-general {ex parte Lenanton, 53 J. P. 263) 
 In urgent cases, leave to give short notice of motion 
 may sometimes be obtained {St. Anne s-on-tJic-Sea, 
 25th March, 1891, not reported). 
 
 The affidavits or oral evidence in support of the appli- Evidence,
 
 332 Relief from Illegal Practices, etc. 
 
 Chap. XVI. cation must show^ — ia) the nature of the act or omission, 
 and that it amounts to an illegal practice, payment, em- 
 ployment, or hiring ; (/;) that such act or omission arose 
 from inadvertence, or accidental miscalculation, or some 
 other reasonable cause of a like nature, and not from 
 any want of good faith ; (r) that sufficient notice of the 
 application has been given in the constituency, and 
 (d) that it is just that the candidate, and other agent 
 and person, or any of them, should not be subject to the 
 consequences of such act or omission (see M.E.C.I.P.A. 
 s. 20). The evidence must bring the case clearly within 
 the Act, or the relief will not be granted {ex parte Clark, 
 52 L. T. 260) ; and the applicant should show that he 
 has done all that he can to cancel or withdraw the 
 illegal act, and to repair any mischief that may have 
 been caused thereby {re Election of County Councillors, 
 5 Times L. R. 173 ; ex parte Vickerman, ib. 220) ; and 
 that the illegal act was done on no considerable scale, 
 and was in no way likely to influence the election [Dun- 
 churc/i, 5 Times L. R. 183 ; ex parte Measonijb. 221 ; and 
 see Stepney, 4 O'M. & H. 182). The question of whether 
 any offence has or has not been committed must be 
 determined, if at all, on the trial of an election petition, 
 or on any proceeding to enforce the penalty ; it will not 
 be decided on the application for relief, which proceeds 
 on the assumption that an offence has been committed. 
 "Inadvert- If "inadvertence" be the foundation of the applica- 
 
 ence." tion, this must be satisfactorily explained and established 
 
 {So2ith West Essex, 2 Times L. R. 338). " Inadvertence " 
 is a lack of heedfulness or attentivcness, an oversight, 
 mistake, or fault, which proceeds from negligence of 
 thought (Webster's Dictionary) ; an act of negligence or 
 carelessness where the circumstances show an absence of 
 bad faith {re Election of County Councillors, 5 Times 
 L. R. 173) ; it is an occasional act which must not be 
 too often repeated, or it becomes inattention (Crabb's 
 Synonyms) ; but to act on a particular view of the law 
 {South West Essex, 2 Times L. R. 388 ; but see Stepney, 
 4 O'M. & H. 53,/^r Denman, J.), or on an erroneous view 
 of the law {ex parte Alontefiore,^ Times L. R. J^', South 
 West Essex, 2 ib. 388), or in mere ignorance of the law 
 {ex parte Walker, 37 W. R. 293, Walsall, 4 O'M. & H. 
 128 ; but see Stepney, ib. 182), is not inadvertence. 
 Nevertheless, the commission of an act which is only 
 discovered to be an illegal practice, etc., on the close
 
 Relief from Illegal Practices, etc. 333 
 
 study of a novel Act of parliament, difficult to construe, Chap. XVI. 
 
 and not yet generally known, may be excused on the 
 
 ground of inadvertence {Stepney, 4 O'M. & H, ^2 ; ex 
 parte Walker, 22 O. B. D. 384 ; re Election of County 
 Councillors, 5 Times L. R. 173). Whether the applicant 
 has or has not read the Act of parliament does not 
 determine the question of whether the case is one of 
 inadvertence {ex parte Thomas, 60 L. T. 728) ; but if he 
 has been misled by an expert in election law {ex parte 
 Measom, 5 Times L. R. 221 ; ex parte Layton & Wood- 
 bridge, ib. 198), or by a text-book on election law {ex 
 parte Birley, ib. 220), he may be excused on the ground 
 of inadvertence. 
 
 The fact that the contest was severe is not a ground "Accidental 
 for allowing payments in excess of any maximum {ex miscaicuia- 
 parte Ayrton, 2 Times L. R. 215). ^^°"-" 
 
 Under the words "other reasonable cause of a like "Other 
 nature," a candidate, whose express instructions had ■"e^sonable 
 been disregarded by his election agent, has been excused nature." 
 in respect of an excessive expenditure beyond the 
 authorized maximum, and of an excessive employment 
 of paid agents, the election agent being left to the 
 operation of the, law {ex parte S topes, Times newspaper, 
 5th March, 1889). 
 
 A candidate {ex parte Wilks, 16 O. B. D. 1 14 ; Chelsea, Hearing 
 
 2 Times L. R, 374), the returning officer {South West 
 
 Essex, 2 Times L. R. ^Sd, ; Wigan, ib. 159), an elector Jjjjf '° ^^ 
 {Wigan, 2 Times L. R. 159; ex parte HutcJdnson, 
 5 Times L. R. 136), or a committee of electors {ex parte 
 Hobbs, ib. 272), may appear to consent or oppose ; and, if 
 the opposition is founded on facts not appearing on the 
 evidence filed in support of the application, the parties 
 opposing should be prepared with proper affidavits of 
 such facts (see ex parte Wilks, 16 O. B. D. 114). A 
 returning officer should not, however, appear unless 
 he has some real cause to show, and if he does appear 
 unnecessarily, the court will refuse to give him his costs 
 {ex parte Stephens, Times newspaper, 2nd February, 
 1889). 
 
 In considering an application for relief in respect of 
 bills, placards, or posters under M.E.C.I.P.A. s. 14, the 
 court will have some regard to the fact that such docu- 
 ments are of a libellous or scurrilous character {ex parte 
 De Wette,S Times L. R. 173 ; ex parte Femvick,ib. 221) ; 
 and if to grant the relief may prejudice the pending
 
 334 
 
 Relief from Illegal Practices^ etc. 
 
 Election 
 petition 
 pending. 
 
 Chap. XVI. election, the court may, it seems, take that circumstance 
 
 into account, and may even refuse the application {ex 
 
 parte Thomas, 5 Times L. R. 198, 234; 60 L. T. 728). 
 The court is not bound to grant relief ; it is entirely a 
 matter for its discretion {ex parte Walker, 22 O. B. D. 
 384 ; ex parte Thomas, 60 L. T. 730) ; and if the evidence 
 is conflicting, it may decline to try the question, and may 
 leave the law to take its course {ex parte Hobbs, 5 Times 
 L. R. 272) ; or it may, by consent, refer it to a barrister 
 to inquire into and report, and to examine the parties 
 and their witnesses on oath {South Kensington, Times 
 newspaper, 7th April, 1887). 
 
 If an election petition be pending {ex parte Wilks, 16 
 O. B. D. 114; ex parte Evans, 5 Times L. R. 207), or 
 threatened {ex parte Hempson, ib. 220 ; but see ex parte 
 Stephens, ib. 203), the application may be ordered to 
 stand over until after the trial of the petition, or may 
 be referred to the election court ; if a prosecution is 
 threatened or pending, the court will generally decline 
 to interfere {Sonth West Essex, 2 Times L. R. 388 ; ex 
 parte Hobbs, 5 ib. 272) ; but may sometimes be induced 
 to do so {ex parte Clark, 52 L, T, 260). 
 
 Relief has been granted in respect of circulars of 
 thanks ordered by the candidate after the election was 
 over, and paid for by his clerk without authority, instead 
 of through the election agent {Lincoln, 25th July, 1884^ 
 not reported) ; in respect of a municipal election meeting 
 held in a prohibited place {re Terry & Wharton, i Times 
 L. R. 183 ; 7-e Hart, 2 ih. 24 ; ex parte Hntchinson, 5 ib. 
 136 ; re Election of County Councillors, ib. 73) ; in respect 
 of placards printed and circulated without the printer's 
 name {ex parte Clark, 52 L. T. 260 ; ex parte Ives, 
 5 Times L. R. 136: re Election of County Councillors, ib. 
 173, 195, 198) ; in respect of expenses for bill posting 
 incurred under special circumstances, and causing the 
 maximum allowance to be exceeded by ;^97 {ex parte 
 Ayrton, 2 Times L. R. 215) ; in respect of a placard not 
 bearing the printer's, etc., name, etc., alleged to be a 
 " scurrilous letter," but which the court found was not 
 scurrilous {ex parte Fenwick, 5 ib. 221 : but see ex parte 
 De Wette, ib. 173) ; and in respect of various illegal 
 practices which the court found to be trifling and not to 
 have affected the result {Stepney, 4 CM. & H. 182). 
 
 Application for relief in respect of the use of more 
 committee rooms than are allowed by the Act has been 
 
 Applications 
 which have 
 been granted
 
 Relief from Illegal Practices, etc. 335 
 
 made, and would apparently have been granted if the Ciiai>. XVI. 
 application had been made before an election petition 
 had been presented or threatened {ex parte Heinpson, 
 5 Times L, R. 220). 
 
 Relief has been granted in respect of the illegal cm- Paid agents, 
 ployment, at a parliamentary election, of bill distributors p[}^^j^-^^^.-^' 
 {Stepuey, 4 O'M. & H. 52) ; but it has been refused to butors, etc. 
 a sub-agent at a parliamentary election who had voted 
 and had subsequently received payment for his services 
 {So7ith West Essex, 2 Times L. R. 388). Relief has also 
 been granted in respect of the illegal employment, at 
 local government elections, of a paid election agent 
 {ex parte Walker, 22 O. B. D. 384 ; re Election of County 
 Councillors, 5 Times L. R. 173, 221), of an excessive 
 number of paid messengers {Dnnc/ntrch, 5 Times L. R. 
 183), and of paid canvassers {ex parte Birley, ib. 220) ; 
 but in another case of paid canvassers, relief was refused 
 {ex parte Thomas, ib. 198); on appeal this refusal was 
 reversed {ib. 234 ; 60 L. T. 728), but upon grounds which 
 do not attack the principle of the refusal, and on grounds 
 which would not apply in a future election. The employ- 
 ment of paid canvassers, or of paid agents, for purposes 
 or in capacities not authorized by the C.I. P. P. A., or 
 the M.E.C.I.P.A., being distinctly a violation of the pro- 
 visions of those Acts, applications for relief against 
 the consequences thereof will in future be scrutinized 
 severely, and it would seem that, as a rule, such appli- 
 cations will be refused, and that very special or 
 exceptional grounds must be shown to entitle the 
 applicant to relief {ex parte Walker, 22 O. B. D. 384 ; re 
 Election of County Councillors, 5 Times L. R. 206 ; ex 
 parte Birley, ib. 220 ; ex parte Measom, ib. 220 ; ex parte 
 PI ebbs, ib. 272). 
 
 Relief has been refused in respect of a meeting held Applications 
 in a prohibited place, the candidate having previously |)ee,f{.efuse(i 
 sought advice and determined to take the risk {ex parte 
 Montefiore, 5 Times L. R. j'S) ; and in respect of a 
 libellous placard containing an unjustifiable attack upon 
 the candidate's opponent {ex parte De Wette, ib. 173 ; 
 but see ex parte Fenwick, ib. 221). Permission to pay 
 for a brougham ordered and used by a candidate's clerk 
 without authority, for the purposes of the election, but 
 not for the conveyance of voters to the poll, has also 
 been refused {Chelsea, 2 Times L. R. 374). 
 
 If the offence was conducted on a considerable scale,
 
 336 Relief from Illegal Practices, etc. 
 
 Chap. XVI. or was likely to influence the election {Dunchnrch, 
 
 5 Times L. R. 183 ; ex parte Measom, ib. 221 ; and see 
 
 Stepney, 4 O'M. & H. 182) ; or if the applicant has 
 committed more than one oitence {ex parte Hobbs, ib. 
 272) ; or if the applicant fails to satisfy the court that he 
 and his agents had taken all reasonable means to render 
 the election pure and to prevent the commission of 
 illegal practices {Rochester, 4 O'M. & H. 160), the 
 application for relief may be refused. 
 
 The courts have on many occasions observed that 
 there must be some limit to applications for relief, and 
 that as the law becomes better known they will be less 
 indulgent in granting relief {ex parte Mattheivs, 2 Times 
 L. R. 548 ; and see ex parte Clark, i Times L. R. 243 ; 
 ex parte Ayrton, 2 ib. 214; Sudb2try Municipal Election, 
 Times, 14th May, 1887 ; ex parte Walker, 22 Q. B. D. 
 384 ; re Election of Comity Councillors, 5 Times L. R. 
 173 ; ex parte Birley, ib. 220; ex parte Lutivyche, Times 
 newspaper, 5th March, 1892). 
 
 The court cannot relieve a printer, publisher, or person 
 other than a candidate, from the offence of omitting to 
 print the name, etc., of the printer, etc., on any poster, 
 etc., as the offence, when committed by a printer, etc., is 
 not an illegal practice, payment, employment, or hiring 
 {ex parte be Wette, 5 Times L. R. 173 ; and see ante, 
 p. 228), and the cases in which relief has been granted 
 to a printer, etc., in respect to such offence {ex parte 
 Clark, 52 L. T. 260 ; ex parte Ives, 5 Times L. R. 136) 
 must now be considered as having been decided per 
 incur iam. 
 Order and its The court, if it deems the evidence sufficient, and the 
 effect. circumstances such that it is just that the candidate, and 
 
 other agent and person, or any of them, should not be 
 subject to the consequences of the act or omission in 
 question, may make an order allowing the act or omis- 
 sion to be an exception from the provisions of the 
 M.E.C.I.P.A., and thereupon the candidate, agent, or 
 person shall not be subject to any of the consequences 
 under the Act of such act or omission (M.E.C.I.P.A. 
 s. 20). A form of order is given in ex parte Clark, 
 52 L. T. 263. The eff*ect of the order is to wipe out the 
 offence as if it never existed, and so completely that the 
 election court reports that no illegal practices have been 
 committed, the candidate keeps his seat, the offender is 
 relieved from all consequences of his act or omission
 
 Relief from Illegal Practices, etc. 337 
 
 (see Hexham, 4 O'M. & H. 144), and his vote, if given, is Chap. xvr. 
 
 rendered valid (see M.E.C.I.P.A. s. 22). The court in 
 
 fact finds that the act or omission in question is an 
 
 inadvertence, or accidental miscalculation, etc., which, 
 
 unless excused, would amount to an illegal practice, but 
 
 which, being excused, is by force of the statute declared 
 
 not to be an illegal practice, and consequently remains 
 
 simply an inadvertence, or accidental miscalculation, etc. 
 
 (see Hexham, 4 O'M. & H. 144). 
 
 The applicant will in general have to bear the costs of Costs, 
 his application {ex parte Walker, 22 Q. B. D. 384), and 
 may be ordere'd to pay those of an opposing candidate 
 {j'e Election of County Councillors, 5 Times L. R. 173 ; 
 DuncJmrch, ib. 183 ; ex parte Femvick, ib. 221 ; ex parte 
 Gregory & Frost, ib. 221), especially if the notice given 
 by the applicant be so wide as to justify the opposing 
 candidate in appearing to watch the proceedings {ex parte 
 Keatinge & Wynn, ib. 195). The applicant may also be 
 ordered to pay the costs of an elector {ex parte Hutchin- 
 son, ib. 136; Shreivsbury, ib. 160), but as a rule an 
 opposing elector will be left to bear his own costs {re 
 Election of County Councillors, ib. 173 ; D unchurch, ib. 183). 
 A returning officer will not get his costs if he appears 
 unnecessarily {ex parte Stephens, Times newspaper, 2nd 
 February, 1889). 
 
 There is an appeal from the judge in chambers to the Appeal. 
 divisional court {Chelsea, 2 Times L. R. 374) ; and thence 
 to the Court of Appeal {ex parte Walker, 22 O. B. D. 
 384) ; but the Court of Appeal ought not to interfere 
 with the exercise of the discretion of the court below, 
 unless it is satisfied that there has been a miscarriage of 
 justice {ib. ; ex parte Thomas, 60 L. T. 728). The Court 
 of Appeal may take into consideration any change in the 
 circumstances which has arisen since the decision in the 
 court below {ex parte Thomas, 60 L. T. 728).
 
 ( 338 ) 
 
 Chap. XVII. CHAPTER XVII. 
 
 ELECTION PETITION AND QUO WARRANTO. 
 
 I.— ELECTION PETITION. 
 
 Grounds for Petition 
 Time for Presentation 
 Cornift practices 
 After return . 
 Illegal practices . 
 After return . 
 Time, hcnv reckoned 
 Avtendtnetit ajter time 
 presentation 
 Service 
 
 Security for Costs . 
 Particulars 
 
 Where general c/iarges 
 made 
 Scrutiny and Recrim 
 
 TORY lists . 
 Special Case 
 Witnesses . 
 
 Ido'iV summoned . . 
 
 Obligatio7i to ans7cer . 
 Certificate of indemnity 
 Expenses . 
 
 for 
 
 are 
 INA- 
 
 339 
 340 
 340 
 340 
 340 
 340 
 340 
 
 340 
 341 
 341 
 341 
 
 342 
 
 342 
 342 
 342 
 342 
 343 
 343 
 343 
 
 Trial 
 
 J\esei~i'ing questions of law 
 
 Attendance of public prose- 
 cutor 
 
 Certificate of findings to High 
 Court 
 
 Certificate of High Court to 
 returning officer 
 Reports 
 
 Corrupt and illegal practices 
 
 Special report 
 
 Exonerating report 
 Abatement of Petition 
 Withdrawal of Petition 
 
 Application and ajfidaz'its 
 
 Aotice . . , 
 
 Hearing . 
 
 Corrupt ivithdra'toal 
 Costs .... 
 
 Where cojistituency or thir 
 parties guilty . 
 
 Taxation . . , 
 
 PAGE 
 
 343 
 344 
 
 344 
 
 344 
 
 344 
 344 
 344 
 345 
 345 
 346 
 346 
 346 
 346 
 346 
 347 
 347 
 
 347 
 348 
 
 Definition and Application 348 
 
 Leave of the court luressary . 348 
 Time for making application . 348 
 
 Office .... 
 Alust be public and not held 
 at will .... 
 Must be full 
 
 Writ is Discretionary 
 G rounds for application 
 Cesser of office ami resignation 
 Irregularity not affecting re- 
 sult of election. 
 
 II.— QUO WARRANTO. 
 
 Relator 
 
 WIio may he 
 Notice of Application 
 Costs. 
 
 Security 
 
 Costs of order nisi 
 
 Recognizance 
 
 Pleadings . 
 Special case 
 
 Disclaimer 
 
 Trial . 
 
 349 
 
 349 
 349 
 349 
 350 
 350 
 
 50 
 
 350 
 350 
 351 
 351 
 351 
 351 
 352 
 352 
 352 
 352 
 352
 
 Elect :o?i Petition. 339 
 
 Chap. XVII. 
 I. — I^LECTIOX PETITIOX. 
 
 The M.C.A. and the M.E.C.I.P.A., as altered and 
 adapted by G.O. rr. 26, 27 ; R.O. rr. 25, 26, and U.O. 
 rr. 25, 26, arc applied to the election of guardians and 
 district councillors by L.G.A. s. 48, sub. 3. 
 
 An election of a s:uardian or district councillor nia\- Grounds 
 be questioned by an election petition on the ground — '''*'^/ ^■'^^' 
 
 {(I.) That the election was wholly avoided by general J 
 
 bribery, treating, undue influence, or persona- 
 tion ; or 
 (/;.) That the election was avoided by corrupt practices, 
 or offences against M.C.A. part IV. committed 
 at the election ; or 
 (c.) That the person whose election is questioned was 
 
 at the time of election disqualified ; or 
 (^i^.) That he was not duly elected by a majority of 
 
 lawful votes (M.C.A. s. 87, sub. i) ; or 
 (e.) That the election was avoided by illegal practices 
 
 (M.E.C.I.P.A. ss. 8, 25) ; or 
 (/.) That the returning officer's decision of a question 
 arising in respect of a ballot paper was erro- 
 neous (B.A. s. 2). 
 The disallowance by the mayor or returning officer 
 of a nomination paper is also a ground on which an 
 election petition may be presented in respect to the 
 election of a town councillor (M.C.A. sch. III. part II. 
 r. 14), and of a county councillor (L.G.A. s. 75) ; but 
 there is no provision for raising objections to the nomina- 
 tion paper of a candidate at an election of guardians or 
 district councillors, or for questioning the disallowance 
 by the returning officer of a nomination paper at any 
 such election ; and, semble, the improper disallowance 
 of a nomination paper at any such election can only 
 be questioned by presenting an election petition com- 
 plaining of the conduct of the returning officer (M.C.A. 
 s. '^'$1, sub. 2), or, perhaps, by quo ivarranto information 
 against the successful guardian or councillor (see post, 
 pp. 348, 350). A petition complaining of the conduct 
 of a returning officer must allege negligence, incom- 
 petence, or culpable mistake (see /F^?;-/-/;/^/'*:^//, I O'M. & H. 
 42 ; Hackney, 2 ib yy), or gross partiality or misconduct 
 (see Canterbury, K. & O. 131) — a bond fide, though 
 erroneous, decision upon a point of law {e.g. upon the 
 
 z 2
 
 340 
 
 Election- Petition and Quo Warranto. 
 
 Chap. XVII 
 
 Time for 
 Presenta- 
 tion. 
 
 Corrupt 
 practices. 
 
 After return. 
 
 Illegal 
 practices. 
 
 After return. 
 
 Time, how 
 reckoned. 
 
 Amendment 
 after time f<^r 
 IJresentation. 
 
 invalidity of a nomination paper) i.s not a complaint of 
 the conduct of a returning officer within the meaning of 
 M.C.A. s. 88 (see Harmon v. Park, 6 O. B. D. 323). 
 
 An election petition presented to the High Court of 
 Justice on any ground other than that of illegal practices, 
 shall be presented within twenty-one days after the day 
 on which the election was held, except that if it 
 complains of corrupt practices, and specifically alleges 
 that a payment of money or other reward has been 
 made or promised since the election, by a person elected 
 at the election, or on his account, or with his privity, in 
 pursuance or furtherance of such corrupt practices, the 
 petition may be presented within twenty-eight days 
 after the date of such payment or promise (M.C.A. 
 s. 88, sub. 4 ; and see Kidderminster, 2 O'M. & H. 172 ; 
 Galivay, I ib. 304). 
 
 Where the petition alleges illegal practices, it may be 
 presented at any time within six weeks after the day of 
 election (G.O. r. 27, par. 2 ; R.O. r. 26, par. 2 ; U.O. r. 26, 
 par. 5), i.e. as to the elections in the year 1894, within 
 six weeks after the day of election fixed by or under 
 G.O. r. 2 ; R.O. r. 2 ; and U.O. r. 2. If the election 
 petition specifically alleges a payment of money, or 
 other act made or done since the election by the candi- 
 date elected at such election, or by an agent of the 
 candidate, or with the privity of the candidate, in pur- 
 suance or in furtherance of such illegal practice, the 
 petition may be presented at any time within twenty- 
 eight days after the date of such payment or other act 
 {ib. M. E.C.I. P.A. s. 25, sub. 2). For forms of election 
 petition, see Election Agent, Nos. 69, 70, pp. 66 r, 664. 
 
 In reckoning the above times, Sunday, Christmas 
 Day, Good Friday, Monday and Tuesday in Easter 
 week, a bank holiday, and any day set apart for a public 
 fast or public thanksgiving, arc included ; and if the last 
 day for presenting the petition falls on any such day, it 
 must, it is submitted, be presented on the previous day, 
 not being any of the above-specified days (see ante^ 
 
 P- 315)- 
 
 A petition cannot be amended by the introduction of 
 a substantially new charge after the time for presenting 
 a petition in respect of such charge has expired {Maude 
 V. Lozi'ley, L. R. 9 C. P. 165 ; Aldridge v. Hurst.. 
 I C. P. D. 410). 
 
 The provision that every election of a town councillor
 
 Election Pctiiion. 
 
 341 
 
 or county councillor, not called in question within twelve Chap. XVII. 
 
 months after the election, shall be deemed to have been 
 
 to all intents a good and valid election (M.C.A. s. 73 ; 
 L.G.A. s. 75), is not applied to the election of a guardian 
 or district councillor ; and this provision does not apply, 
 it seems, to the election of a person whose status is one 
 of absolute incapacity for election, as in certain cases is 
 the status of a woman {De Souza v. Cobden (i8qi) 
 I O. B. 6S7). 
 
 The petition must be served within five days after it is Service. 
 
 presented (M.C.A. s. 89, sub. 3) exclusive of the day of 
 
 presentation (Rules, 1883, r. 13). If the petition is not 
 so served, it drops ; but in case of difficulty in effecting 
 personal service, substituted service may be ordered 
 {ib. rr. 14, 15). For a form of affidavit of service, see 
 Election Agent, No. 65, p. 660. 
 
 At the time of the presentation of the petition, or Securitv 
 within three days afterwards, security for costs to such ™^ Cosrs. 
 an famount, not exceeding ^^500, as may be ordered, 
 shall be given, either by a deposit of money or by 
 recognizance, by not more than four sureties, or partly 
 in one way and partly in the other (M.C.A. s. 89, sub. 2). 
 It is sufficient if the recognizance be entered into by one 
 surety only {Preece v. Pulley, 49 L. J. C. P. 6?>6). The 
 recognizance is not liable to any stamp duty {Atklone, 
 19 L. T. 530). The deposit of money by way of 
 security, is by payment into the Bank of England 
 (Rules, 1883, r. 16). 
 
 Such particulars of the allegations in the petition as Particu- 
 may be necessary to prevent surprise and unnecessary lars. 
 expense, and to insure a fair and effectual trial, may be 
 ordered (Rules, 1883, r. 6). These particulars have been 
 ordered to be delivered three days {Beal v. Smith, L. R. 
 4 C. P. 145), seven days {Green v. Hall, W. N. (1880) 
 p. 146), and fourteen days, before the trial. But in the 
 latest cases they have been ordered to be delivered seven 
 days before the trial {Lenhaui v. Barber, 10 O. B. D. 
 293 ; ace. Clark v. Wallond, 52 L. J. O. B. 32i),lmd this 
 may, therefore, be considered to be the present practice 
 in the absence of special circumstances. These days 
 are reckoned exclusively of the day of delivery, and of 
 Sunday, Christmas Day, Good Friday, and any day set 
 apart for a public fast or public thanksgiving (Rules, 
 1883, r. n). The particulars are sometimes ordered to 
 be delivered " so far as known " {Maude v. Loivley, L. R.
 
 342 
 
 Election Petition and Quo Warranto. 
 
 Chap. XVII, 
 
 Where £^eneifil 
 charges are 
 made. 
 
 Scrutiny 
 AND Recri- 
 minatory 
 Lists. 
 
 Special 
 Case. 
 
 Witnesses. 
 
 How 
 summoned. 
 
 9 C. P. 165), but these words are unnecessary, as the 
 person who gives the particulars can only give them so 
 far as is known ; and as to insert these words might be 
 taken as a warrant for unduly limiting the particulars, 
 the judge should refuse to insert them {Lenhani v. Barber, 
 
 10 O. B. D. 293). For a form of summons for particulars, 
 see Election Agent, No. 83, p. 676, of order for par- 
 ticulars, see ib. No. 75, p. 66S, and of the particulars, see 
 ib. No. 76, p. 669. 
 
 Where the petition contains general charges of corrupt 
 and illegal practices, particulars of such charges will be 
 ordered to be delivered in four days {Sal ford, 19 L. T. 
 500), or five days, from the date of the order {Bradford, 
 ^^- 573)- A similar order will be made where the 
 petition contains personal charges against the returning 
 officer ( Warrington, ib. 572). 
 
 Scrutiny lists, and lists of objections where the respon- 
 dent intends to recriminate, are to be delivered six days 
 before the trial (Rules, 1883, rr. 7, 8), and the court has 
 no power to admit lists or evidence after this period of 
 time has elapsed {Nield v. Batty, L. R. 9 C. P. 104). 
 For forms of these lists, see Election Agent, Nos. 80, 81, 
 p. 671. 
 
 A special case may be stated where the case raised by 
 the petition can be conveniently so stated (M.C.A. s. 93, 
 sub. 7), as where the petition raises a question of law and 
 the facts are not in dispute ( Woodward v. Sarsons, L. R. 
 10 C. P. 734 ; Burgoyne v. Collins, 8 O. B. D. 450). 
 And, if the questions of law can be conveniently severed 
 from the questions of fact, the former may be decided by 
 special case, and the latter left for trial in the usual way 
 {Hereford, 19 L. T. 703). 
 
 Witnesses are subpoenaed and sworn in the usual 
 manner (M.C.A. s. 94, sub. i), and the election court 
 may, by order, compel the attendance of a witness, 
 under penalty of a contempt of court (//;. s. 94, sub. 2) ; 
 for a form of subpcena, see Election Agent, No. 82, p. 675. 
 If a witness cannot be served with a subpoena, the court 
 will sometimes issue its order to compel the witness's 
 attendance ( Waterford, 2 O'M. & H. 3) ; but not, as a 
 rule, unless the witness has been served with a subpoena 
 {Norivich, i. ib. 8). The court has no power to issue a 
 warrant for the apprehension of a witness {Chester, 44 
 L, T. 286). If a witness absconds, the court will, if 
 the witness's evidence be necessary, adjourn the trial,
 
 Election Petition. 343 
 
 even if it be for six months {Stroud, 2 O'M. & II. Chap. XVII. 
 108). • 
 
 A witness cannot refuse to answer any question Ohligation to 
 relating to any offence at, or connected with, an election, answer. 
 on the ground that the answer may criminate or tend to 
 criminate himself, or on the ground of privilege ; but a 
 witness who truly answers all questions is entitled to a Certiricate of 
 certificate of indemnity, and his answers are not, except ^"^^cmnity. 
 in a prosecution for perjury, in any proceeding, civil or 
 criminal, admissible in evidence against him M. E.C.I. P.A. 
 s. 30; C.I.P.P.A. s. 59, sub. I). But this certificate 
 does not relieve the witness from any incapacity or from 
 any proceeding to enforce such incapacity (M.E.C.I.P.A. 
 s. 30 ; C.I.P.P.A. s. 59, sub. 3). 
 
 The expenses of witnesses may be allowed according Expenses, 
 to the scale applicable to trials at the assizes (M.C.A. 
 s. 94, sub. 9), and may be disallowed if the court is dis- 
 satisfied with the witness, or with the manner in which 
 he gives his evidence. The amount of a witness's 
 expenses may be ascertained and certified by the 
 registrar (Rules, 1883, r. 53) ; but his allowance is only 
 as between the witness and the party who subpoenaed 
 him, and is not conclusive as between the parties to the 
 petition {McLaren v. Home, 7 O. B. D. 477). 
 
 The trial proceeds as far as practicable de die in diem Trial. 
 
 (M.E.C.I.P.A. s. 27), before a barrister as commissioner 
 
 (M.C.A. s. 92, sub. i). A petition relating to the election 
 of a guardian, or rural district councillor, for a parish, 
 may be tried at any place within the poor law union in 
 which the parish is situate (G.O, r. 27, par. 6 ; R.O. r. 26, 
 par. 6), and the place of trial of a petition relating to the 
 election of an urban district councillor shall be within 
 the urban district (M.C.A, s. 93, sub. 2 ; U.O. r. 26, 
 par. 2), But if, in any case, special circumstances exist 
 which render it desirable that the petition should be 
 tried elsewhere, the court may appoint such other place 
 for the trial as shall appear most convenient (M.C.A, s. 93, 
 sub. 2). If intimidation and outrages were practised 
 before and during the election, and after the presentation 
 of the petition, the place of trial may be changed {Sligo, 
 I O'M. & H, 300) ; but something more than mere 
 inconvenience must be shown before the court will 
 change the place of trial, and thus depart from the clear 
 intention of the Act that the petition should be tried in
 
 544 
 
 Election Petition and Quo Warranto. 
 
 Chap. XVII. 
 
 Reserving 
 questions of 
 law. 
 
 Attendance 
 of public 
 prosecutor. 
 
 Certificate of 
 findings to 
 High Court. 
 
 Certificate of 
 High Court 
 to returning 
 officer. 
 
 Reports. 
 
 Corrupt anc 
 
 illegal 
 
 practices. 
 
 the union or urban district where the election took place 
 {Collins V. Price, 5 C. P. D. 544). 
 
 A question of law as to the admissibility of evidence 
 or otherwise maybe reserved for the High Court (M.C.A. 
 s. 93, sub. 8), and unless this be done, there is no mode 
 of reviewing the ruling of the election court. 
 
 The public prosecutor attends the trial and obeys 
 any directions given by the court with respect to the 
 summoning and examination of any witness, and the 
 prosecution of offenders, and with respect to any person 
 proposed to be reported guilty of any corrupt or illegal 
 practice (M.E.C.I.P.A. s. 28, sub. i. He may also sum- 
 mon, and with leave examine, any witness {ib. sub. 2), 
 and may prosecute offenders {ib. sub. 3). 
 
 At the conclusion of the trial the court determines 
 whether the respondent, or any other and what person, 
 was duly elected, or whether the election was void, and 
 forthwith certifies in writing such determination to the 
 High Court (M.C.A. s. 93, sub. 4). This determination 
 is final to all intents and purposes {ib. ; Waygood v. 
 James, L. R. 4 C. P. 361 ; and see Stevens v. Tillett, 
 L. R. 6 C. P. 147). 
 
 A copy of this certificate is certified by the High 
 Court, under the hands of two or more judges thereof, to 
 the returning officer (M.C.A. s. 93, sub. 13 ; G.O. r. 26, 
 par. 2 ; R.O. r. 25, par. 2 ; U.O. r. 25, par. 2) ; and if the 
 candidate is unseated, then from the time when this 
 certificate is certified to the returning officer the acts of 
 the councillor are invalidated (M.C.A. s. 102). If the 
 candidate has been unseated, and no other person has 
 been declared elected in his place, a new election shall 
 be held to supply the vacancy in the same manner as on 
 a casual vacancy {ib. s. 103), as to which, see ante, p. 156, 
 
 There is no appeal from the decision of the election 
 court {Preece v. Harding, 24 Q. B. D. 1 10 ; R. v. Mansel 
 Jones, 10 Times L. R. 515) ; and no appeal from the 
 High Court to the Court of Appeal, except by special 
 leave (44 & 45 Vict. c. 6"^, s. 14) ; and even if an appeal 
 be brought, there is no provision which stays proceed- 
 ings, or stays the effect of the above certificate and 
 statutory provisions. 
 
 The court also reports to the High Court — 
 
 {a) Whether an}' corrupt or illegal practice or offence 
 against part IV. of the M.C.A. has, or has not,
 
 Election Petition. 345 
 
 been proved to have been committed by or with Chap. XVII, 
 
 the knowledge and consent of any candidate at 
 
 the election, and the nature of such corrupt 
 practice or offence. 
 ih) The names of all persons (if any) who have been 
 proved to have been guilty of any corrupt 
 practice or offence. 
 {c) Whether any corrupt practices have, or whether 
 there is any reason to believe that corrupt 
 practices have, extensively prevailed at the 
 election (M.C.A. s. 93, sub. 5 ; M.E.C.I.P.A. 
 s. 8, sub. 2). 
 This report is not final, as is the certificate {Stevens v. 
 Tillctt, L. R. 6 C. P. 147). It is laid before the attorney- 
 general with a view to his instituting or directing a 
 prosecution against such persons as have not received 
 certificates of indemnity (M.E.C.I.P.A. s. 30 ; C.I.P.P.A. 
 s. 60), 
 
 The election court may also make a special report to Special 
 the High Court as to any matters arising in the course report, 
 of the trial, an account of w^hich ought, in the judgment 
 of the election court, to be submitted to the High Court 
 (M.C.A. s. 93, sub. 6). 
 
 The election court may also make a report — (i) ex- Exonerating 
 onerating the candidate from the consequences of treat- report. 
 ing, undue influence, or illegal practices by agents 
 (M.E.C.I.P.A. s. 19) ; and (2) excepting an innocent act, 
 amounting to an iilegal practice, payment, employment, 
 or hiring, from the provisions of the M.E.C.I.P.A., and 
 relieving the candidate, agent, or person from the con- 
 sequences thereof {ib. s. 20). 
 
 With regard to the first of the above-named heads, 
 viz. the exonerating the candidate from the conse- 
 quences of treating, undue influence, or illegal practices, 
 the election court has no power to relieve against 
 personal offences by the candidate, or against bribery, 
 or personation by agents ; but where it finds that the 
 candidate has, by his agent or agents, been guilty of 
 treating, and undue influence, and illegal practices, or 
 any of such offences, the election will, nevertheless, be 
 upheld, and the candidate will not be subjected to any 
 incapacity, if it be proved — 
 
 {a.) That no corrupt or illegal practice was committed 
 by the candidate, or with his knowledge and 
 consent ; and that the offences were committed
 
 346 Election Petition and Quo Warranto. 
 
 Chap. XVII. without the sanction or connivance of such 
 
 candidate ; and 
 (b.) That all reasonable means for preventing the 
 commission of corrupt and illegal practices 
 were taken by and on behalf of the candidate ; 
 and 
 (c.) That the said offences were of a trivial, unim- 
 portant, and limited character ; and 
 {d.) That in all other respects the election was free 
 from any corrupt or illegal practice on the 
 part of such candidate, and of his agents 
 (M.E.C.I.P.A., s. 19). 
 If these matters are fully proved, the election court 
 has, apparently, no discretion, but must uphold the 
 election. But the court will refuse to make this report 
 where the court is not satisfied that the candidate and 
 his agents had taken all reasonable means to render the 
 election pure and free from corruption, and to prevent 
 the commission of corrupt and illegal acts {Rochester, 
 4 O'M. & H. 160). 
 
 As to the second of the above-named heads, see 
 
 ante, p. 330. 
 
 Abatement An election petition abates on the death of a sole 
 
 OF rETiT ioN. petitioner, or of the survivor of several petitioners 
 
 (M.C.A. s. 96, sub. i), but not necessarily on the death 
 
 of a respondent, as another person may be admitted to 
 
 defend the petition in his place {ib. s. 97, sub. i). If no 
 
 such petitioner is admitted, the petition drops. 
 
 With- An application to withdraw an election petition can 
 
 only be made with the consent of all the petitio '.ers 
 
 (M.C.A. s. 95, sub. 8). It must be supported by affidavits 
 
 Application by all the parties to the petition and their solicitors (and 
 
 and affidavits, agents ; M.E.C.I.P.A. s. 26, sub. 8), but the High Court 
 
 may, on cause shown, dispense with the affidavit of any 
 
 particular person {ib. s. 26, sub. l). Copies of these 
 
 affidavits must be delivered to the public prosecutor a 
 
 reasonable time before the application for withdrawal is 
 
 Notice. heard {ib. sub. 5) ; and notice of the application to 
 
 withdraw must be given in the constituency (M.C.A. 
 
 s. 95, sub. 2). For a form of affidavit, see Election 
 
 Agent, No. Gy, p. 661, and of the notice, see ib., No. 74, 
 
 p. 667. 
 
 Hearing. Thg application cannot be heard until at least a week 
 
 after the notice of the intention to apply has been given 
 
 to the master (Rules, 1883, r. 62) ; the public prosecutor 
 
 drawal of 
 Petition
 
 Election Pctitiou. 347 
 
 may intervene and adduce evidence (M.E.C.T.P.A. s. 26, Ciiap. xvil. 
 sub, 5) ; and any person who might have been a peti- — - 
 tioner may apply to be substituted for the petitioner 
 who is desirous of withdrawing (M.C.A. s. 96, sub. 3). 
 
 A withdrawal in consideration of any payment, or Crmpt 
 of the withdrawal of any other petition, or that the scat withdrawal, 
 shall be vacated, is a misdemeanor, and may subject 
 the offender to twelve months' imprisonment, and a fine 
 of i:20o (M.E.C.I.P.A. s. 26, sub. 4). And if the with- 
 drawal is induced by any corrupt bargain or considera- 
 tion, the court may order that the security given by the 
 original petitioner shall remain and be liable to the costs 
 of the substituted petitioner (M.C.A. s. 95, sub. 4). 
 
 The costs, charges, and expenses of an election peti- Costs. 
 
 tion are in the discretion of the court, but regard is to ' 
 
 be had to the disallowance of any which may have 
 been caused by vexatious conduct, unfounded allegations 
 or objections, and to the discouragement of any needless 
 expense, by throwing the same on the parties by whom 
 they have been caused (M.C.A. s. 98, sub. i). The 
 usual rule is that the costs follow the event. 
 
 Where it appears— (ist) that a corrupt practice has Where consti- 
 not been proved to have been committed by or with the t"e"cy or 
 knowledge and consent of the respondent, and (2nd) that !ruiuyl''^'''" 
 the respondent took all reasonable means to prevent "^ 
 corrupt practices being committed on his behalf, the 
 court m.ay make one or more of the following orders : — 
 {a.) If it appears that corrupt practices extensively 
 prevailed, the court may order the whole, or 
 part, of the costs to be paid by the con- 
 stituency. 
 {b.) If it appears that any person or persons is or are 
 proved to have been extensively engaged in 
 corrupt practices, or to have encouraged or 
 promoted extensive corrupt practices in refer- 
 ence to the election in question, the court may, 
 after giving such person or persons an oppor- 
 tunity of being heard by counsel or solicitor, 
 and of examining and cross-examining wit- 
 nesses, order the whole or part of the costs to 
 be paid by that person, or those persons, or 
 any of them, or, if irrecoverable from such 
 person or persons, by either of the parties to 
 the petition (M.E.C.I.P.A. s. 29, sub. i). 
 Where any person appears to the court to have been
 
 548 
 
 Election Petition and Quo Warranto. 
 
 C.iiAF. XVIL guilty of a corrupt or illegal practice, the court may, 
 
 after giving such person an opportunity of making a 
 
 statement to show why the order should not be made, 
 order the whole or any part of the costs of or incidental 
 to any proceeding before the court in relation to the said 
 offence, or to the said person, to be paid by the said 
 person (//;. sub. 2). 
 
 Taxation, The costs of the petition are taxed as between solicitor 
 
 and client in an action in the High Court of Justice, and 
 may be recovered as the costs of such an action (M.C.A. 
 s, 98, sub. 2). 
 
 For further information as to an election petition, see 
 Election Agent, Chap. XXVIII., p. 498. 
 
 Definition 
 AND Appli- 
 cation. 
 
 Leave of the 
 court neces- 
 sary. 
 
 Time for 
 
 making 
 
 application. 
 
 II. — Quo Warranto. 
 
 The writ of quo warranto is in the nature of a writ of 
 right for the king against him who claims or usurps any 
 office, franchise, or liberty, to inquire by what authority 
 he supports his claim, in order to determine the right 
 (3 Black. Comm. 262). It lies also in case of non-user 
 or long neglect of a franchise, or mis-user or abuse of it, 
 and is a writ commanding the defendant to show by 
 what warrant he exercises such a franchise, having never 
 had any grant of it, or having forfeited it by neglect or 
 abuse {ib^. 
 
 There are several kinds of quo warranto informations, 
 but the only one to be considered here is that relating to 
 a corporate office or franchise. 
 
 Any person desiring to prosecute a quo warranto in- 
 formation can now do so by leave of the court (9 Anne, 
 c. 25 (c. 20, Ruff), s. 4 ; C.O.R. 46). It is a civil pro- 
 ceeding (47 & 48 Vict. c. 61, s. 15), and cannot be in- 
 stituted in any case where an election petition is the 
 appropriate remedy {R. v. Morton, 8 Times L. R. 50). 
 
 An application against any person claiming to hold a 
 corporate office shall not be made after the expiration of 
 twelve months from the time when he became disqualified 
 after election (M.C.A. s. 225, sub. i). And it must be 
 made promptly, for, if there be unreasonable delay, the 
 court will refuse to grant it, even though the application 
 be made within the twelve months {R. v. Hodson, 4 O. B. 
 648 n. ; ex parte Birkbeck, L. R. 9 O. B. 256 ; R. v. P recce, 
 5 O. B. 94). The provision that an election of a town 
 councillor or of a county councillor not called in question
 
 Quj Warranto. 349 
 
 within twelve months after the election shall be deemed Ciiap. XVII. 
 to have been to all intents a good and valid election 
 (M.C.A. s. Jl), is not applied to the election of a guardian 
 or district councillor (see ante, p. 340). 
 
 The office must be of a public nature and a substantial Office^ 
 office, and not merely the function or employment of a Must~be~ 
 deputy or servant held at the will and pleasure of others public anc"; 
 {Darley v. The Queen, 12 CI. & R 541, 542). Therefore, Jjof^hdd ^\ 
 quo warranto does not lie in respect of the offices of 
 clerk to county justices {R. v. Fox, 8 E. & B. 399) ; 
 clerk to a local authority lex parte Richards, 3 Q. B. D. 
 368) ; collector of rates {R. v. Whelan, 20 L. R. Ir. 461) ; 
 or county treasurer, if he is dismissible at the pleasure 
 of the county justices [R. v. Herefordshire, Justices of, 
 
 I Chit. 700). But it lies where the office of county 
 treasurer is of a permanent nature {Darley v. The Queen^ 
 12 CI. & F. 520 ; and see R. v. Hampton, 6 B. & S. 931) ; 
 and in respect of the office of clerk of the peace {R. v, 
 Hayzuard, 2 B. & S. 585 ; but see R. v. Russell, 10 B. & S. 
 91) ; and of vestryman under the Metropolis Manage- 
 ment Act, 1855 {R. V. Soutter (1891) i O. B. 57). 
 
 The office must be full de facto; i.e. there must have Miret be full, 
 been a real and not merely a colourable election, and 
 the person must have been admitted to the office {R. v. 
 Colchester, Mayor of, 2 T. R. 259 ; R. v. Oxford, Mayor 
 of, 6 A. & E. 349 ; Frost v. Chester, Mayor of, 5 E. & B. 
 531 ; 7?. v. Wifichester, Mayor </, 7 A. & E. 215 ; R. v, 
 Slatter, 11 A. & E. 505). If the election was merely 
 colourable and no real election, the office is not full de 
 facto, and the remedy is by mandamus, and not by quo 
 warranto {R. v. Cambridge, 4 Burr. 2010 ; R.v. Bankes, 
 3 Burr. 1454; R. v. Oxford, Mayor, etc. of, 6 A. & E, 
 349) ; R. V. Leeds, Mayor, etc. of, 11 A. & E. 512). A 
 mere claim to the office is insufficient, there must be a 
 user as well as a claim {R. v. Whitzuell, 5 T. R. 85) ; nor 
 is it sufficient that the person has tendered himself to be 
 sworn, if he has not been sworn {ib) ; or has allowed his 
 name to remain on the burgess roll after notice of 
 objection to his qualification {R. v. Armstrong, 25 L. J. 
 O. B. 238). But, if actual user is proved, it is unneces- 
 sary to prove also a formal acceptance {R. v. Quayle, 
 
 I I A. & E. 508). 
 
 The granting of a quo warranto is discretionary with ^^'^it 's Dis- 
 
 the court, even when a good objection to the title is 
 
 shown {R. V. Daives, 4 Burr. 2022 ; R. v. Sargent, 5 T. R.
 
 350 
 
 Elestion Pe'ition and Ono ]]\irrauhi 
 
 CHAr. XVII, 
 
 Gruiinds for 
 applicatimi. 
 
 Cesser of 
 office and 
 resifrnation. 
 
 Irregularity 
 not affecting 
 result of 
 election. 
 
 Relator. 
 
 Who may 1. e, 
 
 467 ; R. V. Parry, 6 A. & E. 810). And if some other 
 body, such as the board of guardians or district council, 
 is inquiring into the vah'dity of the election, the court 
 may, in its discretion, refuse a quo warranto (see R. v. 
 Hampton, 6 B. & S. 932). 
 
 A quo warranto cannot now be granted on the ground 
 that the holder of an office under the L.G.A. was dis- 
 qualified at the time of his election, or that he was not 
 duly elected by a majority of lawful votes, as an election 
 of a guardian or district councillor can only be questioned 
 on these grounds by an election petition (M.C.A. s. ?)"] , 
 sub-ss. I, 2). But it may be granted on the ground that the 
 election itself was invalid by reason of irregularity {R. v 
 McGoivan, ii A. & E. 869 ; R. v. Winchester, Mayor oj, 
 7 A. & E. 215 ; R.w. Backhonse, L. R. 2 O. B. 16 ; R. v. 
 Rippon, I O. B. D. 217) ; or that the defendant was not 
 properly admitted to the office {Mayor of Penryns Case, 
 
 1 Stra. 582 ; R. v, Conrtenay, 9 East, 246 ; R. v. Sivyer, 
 10 B. & C. 486) ; or that he has subsequently become 
 disqualified {R. v. Phippen, 7 A. & E. 966 ; R. v. 
 Francis, 18 O. B. 526) ; or that by non-user or long 
 nec^lect, mis-user or abuse of the office, he is no lonp'er 
 entitled to retain it {Peter v. Kendall, 6 B. & C. 703 ; 
 3 Black. Comm. 262). 
 
 If the defendant has ceased to hold the office, a quo 
 warranto will not in general be granted. But resignation, 
 whether before or after the application, is no answer 
 {R. V. Blizard, L. R. 2 O. B. 55 ; A', v. Warloiv, 
 
 2 M. & S. 75) ; and when the object is to try a civil 
 right {R. V. Neiv Radnor, 2 Ld. Keny. 498), or where 
 something done in the office may affect the general 
 administration of affairs in the union, parish, or district 
 {re Harris, 6 A. & E. at p. 477), a quo warranto will be 
 granted. 
 
 Again, if the alleged irregularity docs not affect the 
 result of the election, the court will refuse its leave to 
 the issue of a quo warranto {R. v. Ward, L. R. 8 Q. B. 
 210; R. V. Consins, ib. 216). And quo warranto is not 
 the proper proceeding to question the performance of 
 any judicial, not ministerial, function ; e.g. an error of a 
 returning officer in his judicial character {R. v. Collins, 
 2 O. B. D. 30; R. V. Rnssell, lo B. & S. 91 ; A', v. 
 Diplock, L. R. 4 O. B. 549). 
 
 The relator need not be a parochial elector if he is an 
 inhabitant of the union or urban district, and subject to
 
 Quo Warranto. 35 I 
 
 the control of the board of guardians or district council Chap. XVII. 
 
 {R. V. Hodge, 2 B. & A. 344 n. ; A^ v. Panj, 6 A. & E. 
 
 810; R. V. Qnayle, 11 A. & E. 508). A mere stranger, 
 " prowling into other men's rights," cannot be a relator 
 {R. V. Kemp, i East, 46 ;/. ; R. v. Stacey, i T. R, 3) ; nor 
 can a stranger set in motion a member of a board or 
 council to stir up 'a question for a purpose entirely 
 unconnected with the concerns of the board of guardians 
 or district council (/v. v. Trevencn, 2 B. & A. 339 ; R. v. 
 Wakelin, i B. & Ad. 50). 
 
 The relator must not have concurred or acquiesced in 
 the act of which he comes to the court to complain, or 
 in similar acts at former elections {R. v. Synuiions, 
 4 T. R. 223 ; R. V. Clarke, i East, 38 ; A', v. Lofthouse, 
 L. R. I O. B. 433), unless he can show that he was 
 ignorant of the objection {R. v. Sly the, 6 B. & C. 240 ; 
 see R. V. Trevenen, 2 B. & A. 339). But merely acting 
 with the defendant in local government business is not 
 a valid objection to the relator {R. v. Benney, i B. &. Ad. 
 684). 
 
 Ten days' notice of the application must be given to Notice of 
 the person intended to be affected thereby, setting forth Applica- 
 
 the grounds of the application, and accompanied by a '^'^^^■_ ^ 
 
 copy of the affidavits intended to be used in support of 
 the application (M.C.A. s. 225, sub-ss. 2, 3, 4 ; C.O.R. 52. 
 53, 56). The relator must depose that the motion is 
 made at his instance as relator (C.O.R. 54). If the 
 affidavits are insufficient, the court may refuse to allow 
 them to be amended, and may leave the relator to 
 renew his application on better materials {R. v. Barzey, 
 4 M. & S. 253 ; R. V. Thirkvin, 9 L. T. 731). An affi- 
 davit by one unobjectionable relator may be aided by 
 the affidavits of others, although the latter are not 
 cjualified as relators (A. v. Branie, 4 A. & E. 664 ; R. v. 
 Parry, 6 A. & E. 810). 
 
 Where the relator is not the real relator, but is put Costs. 
 forward and is acting at the instigation of others, and is ~: — 
 in low and indigent circumstances, the court may order '-''^""'y* 
 security for costs to be given (A. v. Dudley, 7 Dowl. 700 ; 
 A. v. Wakelin, i B. & Ad. 50). But it will not do so 
 where the relator is a member of the board of guardians 
 or district council, and is interested in the matter com- 
 plained of, even though he be insolvent (A. v. Wynne, 
 2 M. & S. 346). 
 
 The costs of the order nisi, and of showing cause, are Costs of order
 
 352 
 
 Election Petition and Qno Warranto. 
 
 Chap. 
 
 Recogni- 
 zance. 
 
 Pleadings. 
 
 Special case. 
 
 Disclaimer 
 
 Trial. 
 
 XVII. entirely in the discretion of the court, whether the order 
 ~ be discharged or made absolute (C.O.R. 300). In 
 discharging the order nisi, the court may impose the 
 costs on the solicitor, or other parties joining in the 
 application (C.O.R. 56 ; and see R. v. Greene, 4 O. B. 
 646). But if the order nisi is discharged on some pre- 
 liminary objection, the court may refuse to give costs to 
 the defendant {R. v. Nottingham Jonrnal, Proprietors of, 
 9 Dowl. 1042). 
 
 If the order nisi is made absolute, the relator must 
 enter into a recognizance in the penalty of £^0 to 
 prosecute and to abide by the court's order (C.O.R. 46). 
 
 After the order nisi has been made absolute, the in- 
 formation is filed (C.O.R. 46), and is pleaded to as if it 
 were a statement of claim in an action {ib. 134). A 
 special case may be stated (C.O.R. 140). 
 
 The defendant may file a disclaimer, upon which 
 judgment of ouster may be entered, and the costs taxed 
 as in judgment by default (C.O.R. 59). 
 
 Notice of trial is given, and the trial and subsequent 
 proceedings take place, as in an action at law.
 
 ( 353 ) 
 
 APPENDIX. ^,_^,. 
 
 STATUTES AND RULES. 
 
 Note. — For a list of the Statutes ami Rules in this Appendix, see the 
 Table of Statutes and Rules Cited, ante, p. xxxiv. Such Table 
 also shoius "ivhere each of the Statutes a7id Rules in this Appendix is con- 
 sidered in the text, and thus refers to the pages luhere any cases decided on 
 any such Statute or Rule may be found. 
 
 The asterisks ( * * * ) denote the oviission of 7Vords 7vhich are repealed, 
 obsolete, or irrelen'ant to the subject-matter of this book. 
 
 2 & 3 Will. IV. c. 45. 
 
 An Act to amend the representation of the people in England and Wales. 
 
 [7th June, 1832.] 
 
 36. No person shall be entitled to be registered in any year as a voter in Disqualification 
 the election of a member or members to serve in any future parliament for t>y receipt of 
 any city or borough who shall, within twelve calendar months next P^''°'^ '^ ""^ '^ • 
 previous to the last day of July in such year, have received parochial relief 
 or other alms, which by the law of parliament now disqualify from voting 
 in the election of members to serve in parliament. 
 
 4 & 5 Will. IV. c. 76. 
 
 An Act for the amendment ajid better administration of the laws relating to 
 the poor in England and Wales. [14th August, 1834.] 
 
 38. Where any parishes shall be united by order or with the concurrence Constitution, 
 of the said commissioners for the administration of the laws for the relief of election, and 
 the poor, a board of guardians of the poor for such union shall be con- of euardians'for* 
 stituted and chosen, and the workhouse or workhouses of such union shall unions. 
 be governed, and the relief of the poor, in such union shall be administered, 
 by such board of guardians ; * * * and the said commissioners shall 
 determine the number and prescribe the duties of the guardians to be 
 elected in each union, * * * And in the event of any vacancy occurring 
 in such board, by the death, removal, or resignation, or refusal or dis- 
 qualification to act of any elected guardian between the periods of such first 
 and the next and any subsequent annual election, or in case the full 
 number of guardians shall not l)c duly elected at such subsequent election 
 of guardians for the time being, the other or remaining members of the said 
 board shall continue to act until the next election, or until the completion 
 of the said board, as if no such vacancy had occurred, and as if the number 
 
 2 A
 
 354 
 
 4 & 5 ^^^■/^- ^^- ^- 76. 
 
 Appendix. 
 
 Election, &c., of 
 guardians for 
 single parishes. 
 
 of such board were complete. * * * Provided always, that except where 
 otherwise ordered by the said commissioners, and also except for the 
 purpose of consenting to the dissolution or alteration of any union, or any 
 addition thereto, or to the formation of any union for the purposes of 
 .settlement or rating, no ex-officio or other guardian of any such board as 
 aforesaid shall have power to act in virtue of such office, except as a 
 member and at a meeting of such board ; and no act of any such meeting 
 shall be valid unless three members shall be present and concur therein : 
 
 39. If the said commissioners shall, by any order under their hands and 
 seal, direct that the administration of the laws for the relief of the poor of 
 any single parish should be governed and administered by a board of 
 guardians, then such board shall be elected and constituted, and authorised 
 and entitled to act, for such single parish in like manner in all respects as 
 is hereinbefore enacted and provided in respect to a board of guardians for 
 united parishes ; * * * 
 
 5 & 6 Will. IV. c. 69. 
 
 An Act to facilitate the Conveyance of Workluntses and other Property of 
 Parishes, and of Incorporations or Unions of Parishes in England and 
 Wales. [9th September, 1835.] 
 
 Guardians to be 7. The guardians of the poor of every union already formed or which 
 incorporated, &c. hereafter shall be formed by virtue of the aforesaid Act passed in the 
 fourth and fifth years of the reign of his present Majesty, and of every 
 parish placed under the control of a board of guardians by virtue of the 
 said Act, shall respectively from the day of their first meeting as a board 
 become or be deemed to have become, and they and their successors in 
 office shall for ever continue to be, for all the purposes of this Act, a 
 corporation, by the name of the guardians of the poor of the union 
 
 (or of the parish of ) in the county of ; and as such 
 
 corporation the said guardians are hereby empowered to accept, take, and 
 hold, for the benefit of such union or parish, any buildings, lands, or 
 hereditaments, goods, effects, or other property, and may use a common 
 seal ; and they are further empowered by that name to bring actions, to 
 prefer indictments, and to sue and be sued, and to take or resist all 
 other proceedings for or in relation to any such property, or any bonds, 
 contracts, securities, or instruments given or to be given to them in virtue 
 of their office ; and in every such action and indictment relating to any 
 such property it shall be sufficient to lay or state the property to be that 
 of the guardians of the union, or of the parish of ; 
 
 and in case of any addition to or separation of any parishes from any such 
 union, under the authority of the said Act passed in the fourth and fifth 
 years of the reign of his present Majesty, the board of guardians for the 
 time being shall (notwithstanding such alteration) have and enjoy the same 
 corporate existence, property, and privileges, as board of guardians of the 
 original union would have had and enjoyed, had it remained unaltered. 
 
 7 Will. IV. & i Vict. c. 22. 
 
 An Act to explain and amend tivo Acts passed in the last session of Parlia- 
 niait for Marriages, and for registering Births, Deaths, and Marriages 
 in England. 
 Exemption of . /• , • i , i i i ■ r • 
 
 registrars from 18. Every registrar of births and deaths and every registrar of marriages 
 
 serving on juries appointed under the provisions of the said Acts or either of them shall be 
 ^"^ ["^"'d^^™' freed and exempted from * * * every parochial and corjiorate office whatever, 
 porate offices.
 
 Post Office {Maiiagenietit) Act, i St,/. 355 
 
 7 Will. IV. & I Vict. C. 33. Appendix. 
 
 A/i Act for the Maita^cincnt of the Post-Office. 
 
 [I2thjuly, 1S37.] 
 
 12. * * * No postmaster-general nor any officer of the post-office sliall ^?^^°^^^^?\ 
 be compelled to serve as a mayor or sheriff, or in any ecclesiastical or post-oifice 
 corporate or parochial or other public office or employment * * * any law exempt from 
 or custom to the contrary thereof notwithstanding. certain ofSces. 
 
 5 & 6 Vict. c. 57. 
 
 An Act . . . for the further amendment of the laws reiati/ii^ to the poor in 
 England. [30th July, 1842.] 
 
 9. If any person put in nomination for the office of guardian tender to Resignation of 
 the officer conducting the election of guardians his refusal in writing to candidates, 
 serve such office, the election of guardians, so far as regards such person, 
 
 shall be no further proceeded with. 
 
 10. In every case in which no person shall be elected for the office of Continuance of 
 guardian in any parish at any annual election of guardians, the persons g"ai'dians in 
 elected for the previous year may continue to act as guardians until the 
 
 next annual election. 
 
 11. The said commissioners may accept the resignation of any person Commissioners 
 elected as a guardian tendered for any cause which the commissioners may ™t?an'^t^rin' nf 
 deem reasonable. * * * ^ny guardian ; 
 
 12. In case the full number of guardians shall not be or shall not have a"<i may order 
 been elected at any election of guardians, or in case of any vacancy in any "^^^' ^'^ctions. 
 board of guardians by the death, removal, resignation, refusal or disquali- I" case of 
 fication to act of any elected guardian, the other or remaining members of ^^g^'^^j-^™^f"" 
 the said board, being not less than three, shall be and be deemed to have act. 
 
 been competent to act until the next election, or until the completion of 
 the said board, as if the number of such board were complete ; and no acts 
 or proceedings shall be liable to be questioned on account of any failure to 
 elect any guardian or guardians, or on account of any vacancy as aforesaid. 
 
 13. No defect in the qualification or election of any person acting as Defect in qualifi- 
 a guardian at a board of guardians, the majority of persons assembled at cation, &c., of a 
 which shall be entitled to act as guardians, shall be deemed to vitiate or fkiiite^proceed" 
 make void any proceedings of such board in which he may have taken ings of board, 
 jiart. 
 
 14. No person, during the time for which he may serve or hold the Paid officers and 
 office of assistant overseer of any parish, nor any paid officer engaged in others incapable 
 the administration of the laws for relief of the poor, nor any person who, guardians.'^^ 
 having been a paid officer, shall have been dismissed within five years 
 previously Irom such office, under the provisions of the said first-recited 
 
 Act, shall 1)6 capable of serving as a guardian ; and no person receiving 
 any fixed salary, or emolument from the poor rates in any parish or union 
 shall be capable of serving as a guardian in such parish or union. 
 
 16. It shall be lawful for every board of guardians constituted under the C'lrporatepowers 
 said first-recited Act to accept, take, and hold on behalf of the union or guardians, 
 parish respectively for which they may act, any lands, buildings, goods, 
 effects, or other property as a corporation, and in all cases to sue and be 
 sued in their corporate name. 
 
 2 A 2
 
 356 
 
 d & 7 Vict.c. 1 8. 
 
 Agents ma>- be 
 appointed by 
 candidates to de- 
 tect personation 
 at the time of 
 polling. 
 
 Returning officer 
 may order per- 
 sons charged 
 with personation 
 to be taken into 
 custody. 
 
 Vote not to be 
 rejected if ques- 
 tions answered in 
 the affirmative ; 
 but note of pro- 
 test to be entered 
 against vote in 
 poll-book. 
 
 Persons charged 
 with personation 
 to be taken before 
 two justices. 
 
 Bail to be taken 
 or person to be 
 discharged in 
 certain cases ; 
 
 but charge may 
 be subsequently 
 inquired into, 
 and persons 
 charged may be 
 re-arrested. 
 
 6 & 7 Vict. c. i8. 
 
 An Act to amend the Lan' for the Registration of Persons entitled to 7'ote, 
 and to define certain Rights of voting, and to regulate certain Pivceedings 
 in the Election of Members to seii'e in Parliament for Eiigland atid 
 Wales. [31st May, 1843.] 
 
 85. * * * It shall be lawful for any candidate, at any election of a 
 member or members to serve in Parliament for any county, city, or 
 borough, previous to the time fixed for taking the poll at such election, 
 to nominate and appoint an agent or agents on his behalf to attend at each 
 or any of the booths appointed for taking the j^oll at such election, for 
 the purpose of detecting personation ; and such candidate shall give notice 
 in writing to the returning officer, or his respective tleputy, of the name 
 and address of the person or persons so appointed by him to act as agents 
 for such purpose ; and thereupon it shall be lawful for every such agent to 
 attend during the time of polling at the booth or booths for which he shall 
 have been so appointed. 
 
 86. * * * If at the time any person tenders his vote at such election, 
 or after he has voted, and before he leaves the polling booth, any such 
 agent so appointed as aforesaid shall declare to the returning officer, or 
 his respective deputy, presiding therein, that he verily believes, and 
 undertakes to prove, that the said person so voting is not in fact the person 
 in whose name he assumes to vote, or to the like effect, then and in every 
 such case it shall be lawful for the said returning officer, or his said 
 deputy, and he is hereby required, immediately after such person shall 
 have voted, by word of mouth to order any constable or other peace 
 officer to take the said person so voting into his custody, which said 
 order shall be a sufficient warrant and authority to the said constable or 
 peace officer for so doing : Provided always, that nothing herein contained 
 shall be construed or taken to authorize any returning officer, or his deputy, 
 to reject the vote of any person who shall answer in the affirmative the 
 questions authorized by this Act to be ])ut to him at the time of polling, 
 and shall take the oaths or make the affirmations authorized and required 
 of him ; but the said returning officer, or his deputy, shall cause the 
 words "protested against for personation," to be placed against the 
 vote of the person so charged with personation when entered in the 
 poll-book. 
 
 87. * * * Every such constable or peace officer shall take the person 
 so in his custody, at the earliest convenient time, before some two justices 
 of the peace acting in and for the county, city, or borough within which 
 the said person shall have so voted as aforesaid. Provided always, that in 
 case the attendance of two such justices as aforesaid cannot be procured 
 within the space of three hours after the close of the poll on the same 
 day on which such person shall have been so taken into custody, it shall 
 be lawful for the said constable or peace officer, and he is hereby requiied, 
 at the request of such person so in his custody, to take him before any one 
 justice of the peace acting as aforesaid, and such justice is hereby authorized 
 and required to liberate such person on his entering into a recognizance, 
 with one sufficient surety, conditioned to appear before any two such 
 justices as aforesaid, at a time and place to be specified in such recogni- 
 zance, to answer the said charge ; and if no such justice shall be found 
 within four hours after the closing of the said poll then such person shall 
 forthwith be discharged from custody. Provided also, that if in conse- 
 quence of the absence of such justices as aforesaid, or for any other 
 cause, the said charge cannot be incpiircd into within the time aforesaid, 
 it shall be lawful nevertheless for any two such justices as aforesaid to 
 inquire into the same on the next or on some other subsequent day, 
 and, if necessary, to issue their warrant for the apprehension of the person 
 so charged.
 
 Parliamentaiy Voters Registration Act, 1843. 357 
 
 88. ♦ * * jf ,j„ iiie hearing; of the said charge the said two justices Aim-rnuix. 
 shall be satisfied, upon the evidence on oath of not less than two credible i (-justices are 
 witnesses, that the said person so brought before them has knowingly satisfied that the 
 jjcrsonated and f:\lsely assumed to vote in tlie name of some other person person charged 
 within the meaning of this Act, and is not in fact the person in whose name |jf "" ^r';^,"^^ ",','/ 
 he voted, then it shall be lawful for the said two justices to commit the they are't'o co'm- 
 said offender to the gaol of the county, city, or borough within which mit him for trial. 
 the offence was committed, to take his trial according to law, and to 
 
 bind over the witnesses in their respective recognizances to appearand give 
 evidence on such trial as in the case of other misdemeanors. 
 
 89. * * * If the said justices shall on the hearing of the said charge If justices arc 
 be satisfied that the said jierson so charged with ])ersonation is really and ^f,'^r'^^1s\m- ^^^ 
 in truth the person in whose name he voted, and that the charge of fm'i„(](.jj^ they are 
 personation has been made against him withont reasonable or just cause, to order com- 
 
 or if the agent so declaring as aforesaid, or some one on his behalf, shall pensation ; 
 
 not appear to support such charge before the said justices, then it shall be 
 
 lawful for the said justices, and they are hereby required, to make an order 
 
 in writing under their hands, on the said agent so declaring as aforesaid, to 
 
 pay to the said person so falsely charged, if he shall consent to accept the 
 
 same, any sum not exceeding the sum of ten pounds nor less than five 
 
 pounds, by way of damages and costs ; and if the said sum shall not be to be paid by 
 
 paid within twenty-four hours after such order shall have been made, then ?^f^^-""^ levied 
 
 the same shall be levied, by warrant under the hand and seal of any justice g,^,ods tirt^hose of 
 
 of the peace acting as aforesaid, by distress and sale of the goods and his principal, or 
 
 chattels of the said agent ; and in case no sufficient goods or chattels of the recovered by 
 
 said agent can be found on which such levy can be made, then the same ''''^"°" ^ "^"^• 
 
 shall be levied in like manner on the goods and chattels of the candidate 
 
 by whom such agent was so appointed to act ; and in case the said sum 
 
 shall not be paid or levied in the manner aforesaid, then it shall be lawful 
 
 for the said person to whom the said sum of money was so ordered to be 
 
 paid to recover the same from the said agent or candidate, with full costs 
 
 of suit, in an action of debt to be brought in any one of her Majesty's 
 
 superior courts of record at Westminster: Provided always, that if the If party falsely 
 
 person so falsely charged shall have declared to the said justices his consent charged accepts 
 
 . ,- -11 ri li iT^i compensation, no 
 
 to accept such sum as aforesaid by way ot damages and costs, and it tlie action to be 
 whole amount of the sum so ordered to be paid shall have been paid or brought. 
 tendered to such person, in every such case, but not otherwise, the said 
 agent, candidate, and every other person shall be released from all actions 
 or other proceedings, civil or criminal, for or in respect of the said charge 
 and apprehension. 
 
 21 & 22 Vict. c. 90. 
 
 An Act to regulate the Qualifications of Practitioners in Medicine and 
 Surgery. [2nd August, 1858.] 
 
 35. Every person who shall be registered under the provisions of this J^'^^'^'^'^J^f \l'^ 
 Act shall be exempt, if he shall so desire, from serving * • * all corporate, f"om serving on 
 parochial, ward, hundred, and township offices, * * * and the name of juries, etc. 
 such person shall not Ije returned in any list of persons liable to serve * * ♦ 
 in any such office as aforesaid.
 
 358 
 
 2,0 (jt ^i J^ict. c. 6. 
 
 Powers of new 
 board of 
 guardians. 
 
 30 & 31 Vict. c. 6. 
 
 An Act fo7' the establishment in the Metropolis of Asylums for the Sick, 
 Insane, and other classes of the poor, and of Dispensaries ; and for the 
 distribntion over the Metropolis of portions of the charge for poor relief; 
 ajtdfor other purposes relating- to poor relief in the Metropolis. 
 
 [29th March, 1867.] 
 
 74. The guardians so constituted under this Act, notwithstanding any- 
 thing in any local Act, shall have the same powers and authorities, and 
 shall be subject to the same orders, regulations, and restrictions as guardians 
 elected under the poor law Acts. 
 
 Poor law board 
 may unite small 
 parishes for the 
 election of 
 guardians. 
 
 31 & 32 Vict. c. 122. 
 
 An Act to make further amendvients in the la-vs for the Relief of the Poor in 
 England and IJales. [31st July, 1868.] 
 
 6. The said board may, by order under seal, add any parish in a union, 
 the population of which parish, according to the census last declared, shall 
 not exceed three hundred, the annual rateable value whereof shall not 
 exceed the average rateable value of the parishes in the same union 
 according to the valuation lists in force for the time being, to some 
 adjoining parish in the same union for the purpose of tlie election of 
 guardians, and the persons qualified to elect such guardians in either 
 parish shall be qualified to vote at such election for the parishes so united. 
 
 33 & 34 Vict. c. 23. 
 
 An Act to abolish Forfeitures for Treason and Felony, and to othenvise 
 a^nend the Law relating thereto. [4th July, 1870.] 
 
 Cotniction for 2. * * * If any person hereafter convicted of treason or felony, lor 
 
 treason or felony ^hich he shall be sentenced to death, or penal servitude, or any term of 
 to be -''^'^^J^^^'^' imprisonment with hard labour, or exceeding twelve montlis, shall at the 
 
 cation for offices 
 etc. 
 
 time of such conviction hold any * * * public employment, or * * * any 
 place, office, or emolument in any * * * corporation, * * * such office, 
 benefice, employment, or place shall forthwith become vacant, and such 
 * * *, emolument shall forthwith determine and cease to be payable, 
 unless such person shall receive a free pardon from her Majesty, within two 
 months after such conviction, or before the filling up of such office, bene- 
 fice, employment, or place if given at a later period ; and such person shall 
 become, and (until he shall have suffered the punishment to whicli he had 
 been sentenced, or such other punishment as by competent authority may 
 be substituted for the same, or shall receive a free pardon from Her 
 Majesty), shall continue thenceforth incapable of holding any * * * public 
 employment, * * * or of exercising any right of suffrage or other parlia- 
 mentary or municipal franchise whatever within England, Wales or 
 Ireland. 
 
 Corrupt 
 practices. 
 
 33 & 34 Vict. c. 75. 
 
 An Act to provide for public Elementary Education in England and Wales. 
 
 [9th August, 1870.] 
 
 91. Any person who at the election of any member of a school board or 
 any officer appointed for the purpose of such election is guilty of corrupt 
 practices shall, on conviction, for each offence be liable to a jienalty not 
 exceeding two pountls, and be disqualified for the term of six years after
 
 Elementary Education Act, 1870. 359 
 
 such election from exercising any franchise at any election under this Act, Appendix. 
 
 or at any municipal or jiarliamentary election. 
 
 The term corrupt practices in this section includes all bribery, treating, 
 and undue inlluence which under any Act relating to a parliamentary 
 election renders such election void. 
 
 38 & 39 Vict. c. 55, 
 
 An Act for consolidating and amending the Acts relating to Public Health in 
 England. [nth August, 1875.] 
 
 Part I. 
 
 Preliininaiy. 
 
 4. Tn this Act, if not inconsistent with the context, the following words Definitions, 
 and expressions have the meanings hereinafter respectively assigned to 
 them ; that is to r.ay, 
 
 "Borough " means anyplace for the time being subject to 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 uf municipal corporations in England and Wales," and any 
 Act amending the same : 
 
 "The metropolis" means the city of London and all parishes and places 
 mentioned in schedules A, B, and C to the Metropolis Management 
 Act, 1855 : 
 
 "Local government district " means any area subject to the jurisdiction 
 of a local l)oard constituted in pursuance of the local government acts 
 l)efore the passing of this Act, or in pursuance of this act, and "local 
 board " means any board so constituted : 
 
 "Improvement act district" means any area for the time being subject 
 to the jurisdiction of any improvement commissioners as hereinafter 
 defined : 
 
 "Improvement commissioners " means any commissioners, trustees, or 
 other persons invested by any local Act with powers of town govern- 
 ment and rating : 
 
 "Parish" means a place for which a separate poor rate is or can be 
 made, or for which a separate overseer is or can be appointed : 
 
 " Union " means a union of parishes incorporated or united for the relief 
 or maintenance of the poor under any public or local Act of parlia- 
 ment, and includes any parish subject to the jurisdiction of a separate 
 board of guardians : 
 
 " Guardians " means any persons or body of persons by whom the relief 
 of the poor is administered in any union : 
 
 "Person" includes any body of persons, whether corporate or unin- 
 corporate : 
 
 "Local authority" means urban sanitary authority and rural sanitary 
 authority : * * * 
 
 Part II. 
 
 Authorities for Execution of Act. 
 
 Constitution of Districts and Authorities. 
 
 5. For the purposes of this Act P^ngland, except the metropolis, shall Urban and rural 
 consist of districts to lie called respectively— sanitary districts. 
 
 (I.) Urban sanitary districts, and 
 (2.) Rural sanitary districts,
 
 360 
 
 3S& 39 Vi^^-^'- 55. 
 
 Appendix. 
 
 Description of 
 urban districts 
 and urban 
 authorities. 
 
 (in this Act referred to as urban and rural districts) ; and such urban and 
 rural districts shall respectively be subject to the jurisdiction of local 
 authorities, called urban sanitary authorities and rural sanitary authorities 
 (in this Act referred to as urban and rural authorities), invested with the 
 powers in this Act mentioned. 
 
 6. Urban districts shall consist of the places in that behalf mentioned in 
 the first column of the table in this section contained, and urban authorities 
 shall be the several bodies of persons specified in the second column of the 
 said table in relation to the said places respectively. 
 
 Urban District. 
 
 Urban Authority. 
 
 Borough constituted such either before or after the 
 passmg of this Act. 
 
 Improvement act district constituted such before the 
 passing of this Act, and having no part of its area 
 situated within a borough or local government 
 district. 
 
 Local government district constituted such either be- 
 fore or after the passing of this Act, having no part 
 of its area situated within a borough, and not coin- 
 cident in area with a borough or imi3rovement act 
 district. 
 
 The mayor, alder- 
 men, and bur- 
 gesses acting by 
 the council. 
 
 The im]irovement 
 commissioners. 
 
 The local board. 
 
 Provided that — 
 
 (l.) Any borough, the whole of which is included in and forms part of 
 
 a local government district or improvement act district, and any 
 
 improvement act district which is included in and forms part of a 
 
 local government district, and any local government district which 
 
 is included in and fonns part of an improvement act district, shall 
 
 for the purposes of this Act be deemed to be absorbed in the larger 
 
 district in which it is included, or of which it forms part ; and the 
 
 improvement commissioners or local board, as the case may be, of 
 
 such larger district, shall be the urban authority therein ; and 
 
 (2.) Where an improvement act district is coincident in area with a 
 
 local government district, the improvement commissioners, and not 
 
 a local board, shall be the urban authority therein ; and 
 
 (3.) Where any part of an improvement act district is situated within a 
 
 borough or local government district, or where any part of a local 
 
 government district is situated within a borough, the remaining part 
 
 of such improvement act district or of such local government 
 
 district so partly situated within a borough shall for the purposes of 
 
 this Act continue subject to the like jurisdiction as it would have 
 
 been su])ject to if this Act had not been passed, unless and until the 
 
 Local Government Board by provisional order otherwise directs. 
 
 For the purposes of this Act, the boroughs of Oxford, Cambridge, 
 
 lilandford, Calne, Wenlock, Folkestone, and Newport Isle of Wight, shall 
 
 not be deemed to be boroughs, and the borough of Cambridge shall be 
 
 deemed to be an improvement act district, and the borough of Oxford to be 
 
 included in the local government district of Oxford. So much of the 
 
 borough of Folkestone as is not included within the local government 
 
 district of Sandgate shall be an urban district, and shall be under the 
 
 jurisdiction, for the purposes of this Act, of the authority for executing 
 
 " Tile Folkestone Improvement Act, 1855."
 
 Public Health Act, 1%-/^. 361 
 
 7. Every local board, and any improvement commissioners being an Ai'iendix. 
 
 urban autliority and not otherwise ineoriiorated, shall continue to be (jr be , . 
 
 1 J . 1 • . 1 ,• .1 fill 1 1 • . Inairporation of 
 
 a body corporate, tlesiynateil (ni tlie case of local boards and miprovement i^^.^i {,„ard.s and 
 
 commissioners being urban sanitary authorities at the time of the passing of improvement 
 
 this Act) by such name as they then bear, and (in the case of local boards commissioners. 
 
 constituted after the passing of tiii;> Act) by such name as they may with the 
 
 sanction of the Local Government Board adopt ; with a perpetual succession 
 
 and a common seal, anil with power to sue and be sued in such name, and 
 
 to hold lands \\ilhout any license in mortmain for the purposes of this Act. 
 
 9. The area of any union which is not coincident in area with an urban Description of 
 district, nor wholly included in an urban district (in this section called a rural districts 
 rural union), with the excejition of those portions (if any) of the area which '^"tj,'^"Y ■ 
 are included in any urban district, slnll be a rural district, and the guardians 
 of the union shall form the rural authority of such district ; * * * 
 
 Where the number of elective guardians who are not by this section 
 disqualified from acting and voting as members of the rural authority is less 
 than five, the Local Government Board may from time to time by order 
 nominate such number of persons as may be necessary to make up that 
 number * * *^ and the persons so nominated shall be entitled to act and 
 vote as members of the rural authoritv but not further or otherwise. * * * 
 
 SCHEDULES. 
 
 SCHEDULE L 
 
 Rules as to Meetings and Proceedings. 
 ( I . ) Rules Applicable to Local Boards. 
 
 1. Every local board shall from time to time make regulations with 
 respect to the summoning notice place management and adjournment of 
 their meetings, and generally with respect to the transaction and manage- 
 ment of their business under this Act. 
 
 2. No business shall be transacted at any such meeting unless at least one 
 third of the full number of members be present thereat, subject to this 
 qualification, that in no case shall a larger quorum than seven members be 
 required. 
 
 3. Every local board shall from time to time at their annual meeting 
 appoint one of their number to be chairman for one year at all meetings at 
 which he is present. 
 
 4. If the chairman so appointed dies resigns or becomes incapable of 
 acting, another member shall be appointed to be chairman for the period 
 during which the person so dying resigning or becoming incapable would 
 have been entitled to continue in office, and no longer. 
 
 5. If the chairman is absent from any meeting at the time appointed for 
 holding the same, the members present shall appoint one of their number 
 to act as chairman thereat. 
 
 6. The names of the members present, as well as of those voting on each 
 question, shall be recorded, so as to show whether each vote given was for 
 or against the question. 
 
 7. Every question at a meeting shall be decided by a majority of votes of 
 the members present, and voting on that question. 
 
 8. In case of an equal division of votes the chairman shall have a second 
 or casting vote. 
 
 9. The proceedings of a local board shall not be invalidated by any
 
 362 
 
 3S cf 39 Vict.c. 55. 
 
 Appendix. vacancy or vacancies among their members, or by any defect in the election 
 of such board, or in the election or selection or qualification of any members 
 thereof. 
 
 10. Any minute made of proceedings at a meeting, and copies of any 
 orders made or resolutions passed at a meeting, if purporting to be signed 
 by the chairman of the meeting at which such proceedings took place or 
 such orders were made or resolutions passed, or by the chairman of the 
 next ensuing meeting, shall be received as evidence in all legal proceedings ; 
 and, until the contrary is proved, every meeting where minutes of the 
 proceedings have been so made shall be deemed to have been duly convened 
 and held, and all the proceedings thereat to have been duly had. 
 
 11. The annual meeting of a local board shall be held as soon as may be 
 convenient after the fifteenth of April in each year. 
 
 12. The first meeting of a local board for a district constituted after 
 the passing of this Act shall be held at such place and on such day (not 
 being more than ten days after the completion of the election) as the 
 returning officer may by written notice to each member of the board 
 appoint ; and the members shall appoint one of their number to be chair- 
 man at such meeting, and shall also appoint one of their number to be 
 chairman for one year at all meetings at which he is present. 
 
 13. Nothing in these rules contained with respect to the appointment of 
 chairman shall apply to the Oxford district, and in that district a chairman 
 shall be appointed as heretofore. 
 
 Officers of 
 customs not to 
 serve in public 
 offices. 
 
 39 & 40 Vict. c. 36. 
 
 A>! Act to consolidate the Customs Laics. 
 
 [24th July, 1S76.] 
 
 9. No commissioner, officer, clerk, or other person acting in the manage- 
 ment or service of the customs shall be compelled * * * to assume the 
 office of a mayor or sheriff", or to act in any corporate, parochial, or other 
 public office. * * * 
 
 Division of 
 parishes into 
 wards for election 
 of guardians. 
 
 39 & 40 Vict. c. 61. 
 
 A71 Act to arrange for the better arrangement of divided parishes and other 
 local areas, and to make sntidry amendments in the la'cv relating to the 
 relief of the poor in England. [15th August, 1876.] 
 
 12. * * * The Local Government Board may by their order divide any 
 parish into wards for the election of guardians and determine the number 
 of guardians to be elected for every such ward having due regard to the 
 value of the rateable property therein, and each such ward shall for the 
 purposes of such election be deemed to be a separate parish except so far 
 as the said board may otherwise order. 
 
 41 c\: 42 Vict. c. 16. 
 
 An Act to consolidate and atnend the Lata relatin-:[ to Factories and 
 Workshops. [27th May, 1878.] 
 
 Appointment, 
 
 payments, etc., 67. * * * An inspector under this Act shall not be liable to serve m 
 of inspectors of ^j^y parochial or municipal office. * * ♦ 
 lactones, and •' ' 
 
 clerks and ^____ 
 
 servants.
 
 Den/ists Ac^, iS7'!>. 363 
 
 41 & 42 Vict. C. 33. Appendix. 
 
 An Act to amend the Law rclatim; to Dental Practitioners. 
 
 [22nd July, 1878.] 
 
 30. Every person registered under this Act shall be exemiH, if he so Exemption of 
 desires, * * * from serving all corporate, parochial, ward, hundred, and registered 
 township offices * * * ; and the name of any registered person shall not Persons, 
 be returned in any list of persons liable to serve * * * in any such office 
 as aforesaid. 
 
 44 & 45 Vict. c. 58. 
 
 An Act to consolidate the Army Discipline and Regulation Act, 1879, and 
 the subsequent Acts amending the same. [27th August, 18S1.] 
 
 146. A person who is commissioned and in full pay as an officer in Her Offices not to be 
 IMajesty's regular forces shall not be capable of being nominated or elected jjj^" j-s '^'^ 
 * * * to be mayor or alderman of, or to hold any office in, any municipal 
 corporation in any city, borough, or place in the United Kingdom. 
 
 181. — (5.) The competence or liability of an officer of the auxiliary Modification of 
 forces to be nominated or elected to, or to hold the office of * * * mayor, ^'^^Vxifiaryfo^rce! 
 or alderman, or an office in a municipal corporation, shall not be affected 
 by reason of the battalion or corps to which he belongs being assembled 
 for annual training at the time of such nomination or election, or during 
 the time of his tenure of office. 
 
 45 & 46 Vict. c. 48. 
 
 An Act to consolidate the Acts relating to the Reserve Forces. 
 
 [i8th August, 1882.] 
 
 7. A man belonging to the army reserve shall not be liable to serve the Men exempt from 
 
 office of constable or any other parochial township or borough office. parish offices, etc. 
 
 MUNICIPAL CORPORATIONS ACT, 1882. 
 45 & 46 Vict. c. 50. 
 
 An Act for consolidating, with Amendments, enactments relating to 
 Municipal Corporations in Englaiid and Wales. 
 
 [18th August, 1882.] 
 Part II. 
 
 Constitution and Government of Borough. 
 
 Burgesses. 
 
 9. — (l.) A person shall not be deemed a burgess for any purpose of this Qualification of 
 Act unless he is enrolled as a burgess. burgebs. 
 
 (2.) A person shall not be entitled to be enrolled as a burgess unless he 
 is qualified as follows : — 
 
 (rt.) Is of full age; and 
 
 {b.) Is on the fifteenth of July in any year, and has been during the 
 whole of the then last preceding twelve months, in occupation, joint 
 or several, of any house, warehouse, counting-house, shop, or other 
 building (in this Act referred to as qualifying property) in the 
 borough ; and
 
 364 
 
 45 ^ 4^ ^^'^■^- <-'• 50. 
 
 Appendix. (c.) Has during the whole of those twelve months resided in the borough, 
 
 or within seven miles thereof; and 
 [d.) Has been rated in respect of the qualifying property to all poor rates 
 
 made during those twelve months for the parish wherein the 
 
 property is situate ; and 
 (e.) Has on or before the twentieth of the same July paid all such rates, 
 
 including borough rates (if any), as have become payable by hini in 
 
 respect of the qualifying property up to the then last preceding fifth 
 
 of January. 
 (3.) Every person so qualified shall be entitled to be enrolled as a 
 burgess, unless he — 
 (a.) Is an alien ; or 
 \Ik) Has within the twelve months aforesaid received union or parochial 
 
 relief or other alms ; or 
 (r.) Is disentitled under any Act of Parliament. 
 
 Constitution of 
 council. 
 
 Qualification of 
 councillor. 
 
 Disqualifications 
 for being 
 councillor. 
 
 Co2ificil ; iMayor, Ahienncn, and Coitncillors. 
 
 10. — (I.) The municipal corporation of a borough shall be capable of 
 acting by the council of the borough, and the council shall exercise all 
 powers vested in the Corporation by this Act or otherwise. 
 
 (2.) The council shall consist of the mayor, aldermen, and councillors. 
 11.— (I.) The councillors shall be fit persons elected by the burgesses. 
 (2.) A person shall not be qualified to be elected or to be a councillor, 
 unless he — 
 
 (rt.) Is enrolled and entitled to be enrolled as a burgess ; or 
 (/-.) Being entitled to be so enrolled in all respects except that of resi- 
 dence, is resident beyond seven miles but within fifteen miles of the 
 borough, and is entered in the separate non-resident list directed by 
 this Act to be made ; and 
 {c.) In either of those cases, is seised or possessed of real or personal 
 property or both, to the value or amount, in the case of a borough 
 having four or more wards, of one thousand pounds, and in the 
 case of any other borough, of five hundred pounds, or is rated to 
 the poor rate in the borough, in the case of a ])orough having four 
 or more wards, on the annual value of thirty pounds, and in the 
 case of any other borough of fifteen pounds. 
 (3.) Provided, that every person shall be qualified to be elected and to 
 be a councillor, M-ho is, at the time of election, qualified to elect to the 
 office of councillor ; which last-mentioned (pialification for being elected 
 shall be alternative for and shall not repeal or take away any other quali- 
 fication. 
 
 (4.) But if a person qualified under the last foregoing proviso ceases for 
 six months to reside in the borough, he shall cease to be qualified under 
 lliat proviso, and his office shall become vacant, unless he was at the time 
 of his election and continues to be qualified in some other manner. 
 
 12. — (I.) A person shall be disqualified for being elected and for being 
 a councillor, if antl while lie — 
 
 {a.) Is an elective aucHtor or a revising assessor, or holds any office or 
 place of profit, other than that of mayor or sheriff, in the gift or 
 disposal of the council ; or 
 {J).) Is in holy orders, or the regular minister of a dissenting congrega- 
 tion ; or 
 (f.) Has directly or indirectly, by himself or his partner, any share or 
 interest in any contract or employment with, by, or on behalf of 
 the council : 
 (2.) But a jierson shall not be so disqualified, or be deemed to have any 
 share or interest in such a contract or employment, by reason only of his 
 having any share or interest in —
 
 ]\Iunicipal Corporations Act, 1882. 365 
 
 (rt.) Any lease, sale, or purchase of land, or any agreement for the Aitf.noix, 
 same ; or 
 
 (b.) Any agreement for the loan of money, or any security for the pay- 
 ment of money only ; or 
 
 (r.) Any newspaper in which any advertisement relating to the affairs 
 of the borough or council is inserted ; or 
 
 ((/.) Any company which contracts with the council for lighting or 
 supplying with water or insuring against fire any part of the 
 borough ; or 
 
 (d-.) Any railway company, or any company incorporated by Act of 25 & 26 Vict. 
 Parliament or Royal charter, or under the Companies Act, 1862. *^' 5- 
 
 39. — (i.) If the mayor, or an alierman or councillor — 
 
 (rt.) Is declared Imnkrupt, or comiwunds by deed with his creditors, or Avoidance of 
 
 makes an arran<:ement or composition with his creditors, under "'^" ^^ ^ank- 
 
 " ^ . ruptcy or 
 
 the Bankruptcy Act, 1S69, by deed or otherwise ; or absence. 
 
 (/'.) Is (except in case of illness) continuously absent from the borough, 32 & 33 Vict, 
 being mayor for more than two months, or, being alderman or c. 71- 
 councillor, for more than six months : 
 he shall thereupon immediately become disqualified and shall cease to hold 
 the office. 
 
 (2.) In any such event the council shall forthwith declare the office to 
 be vacant, and signify the same by notice signed by three members of the 
 council, and countersigned by the town clerk, and fixed on the town hall, 
 and the office shall thereupon become vacant. 
 
 (3.) Where a person becomes so dist|ualified by being declared bankrupt, 
 or compounding, or making an arrangement or composition, as aforesaid, 
 the disqualification, as regards subsequent elections, shall, in case of bank- 
 ruptcy, cease on his obtaining his order of discharge, and shall, in case 
 of a compounding or composition as aforesaid, cease on payment of his 
 debts in full, and shall in case of an arrangement as aforesaid, cease on his 
 obtaining his certificate of discharge. 
 
 (4.) Where a person becomes so disqualified by absence, he shall be 
 liable to the same fine as for non-acceptance of office, recoverable sum- 
 marily, but the disqualification shall, as regards subsequent elections, cease 
 on his return. 
 
 Part III. 
 
 Preparations for and Procedure at Elections. 
 
 Parish Burgess Lists ; Burgess Holts ; IVard Eolts. 
 
 45. — (8.) Every person enrolled in the burgess roll shall be deemed to The burgess roll 
 be enrolled as a burgess, and every person not enrolled in the burgess roll ^"'^ ^^^d rolls, 
 shall be deemed to be not enrolled as a burgess. 
 
 Supplemental and Exceptional Provisions. 
 
 73. Every municipal election not called in question within twelve Election valid 
 months after the election, either by election petition or by information in unless questioned 
 the nature of a quo warranto, shall be deemed to have been to all intents a «''th'n twelve 
 good and valid election. 
 
 Part IV. 
 Corrupt Practices and Election Petitions. 
 
 Corrupt Practices. 
 
 77. In this Part— 
 
 " Bribery," "treating," " undue influence," and " personation," include Definitions. 
 respectively anything done before, at, after, or with respect to a municipal 
 election, which if done before, at, after, or with respect to a parliamentary
 
 366 
 
 45 'St' 46 Vict. c. 50. 
 
 Appendix. 
 
 31 & 32 Vict, 
 c. 125. 
 
 Avoidance of 
 election for 
 general corrup- 
 tion. 
 
 Striking off 
 votes. 
 
 Personation. 
 
 election would make the person doing the same liable to any penalty, 
 jjunishment, or disqualification for bribery, treating, undue influence, or 
 personation, as the case may be, under any Act for the time being in force 
 with respect to parliamentary elections : 
 
 * * * •' Candidate " means a person elected, or having been nominated, 
 or having declared himself a candidate for election, to a corporate office : 
 
 * * * "Voter" means a burgess or a person who votes or claims to 
 vote at a municipal election : 
 
 "Election Court" means a court constituted under this Part for the 
 trial of an election petition : 
 
 " Municipal election petition " or " election petition" means a petition 
 under this Part complaining'of an undue municipal election : 
 
 " Parliamentary election petition" means a petition under the Parlia- 
 mentary Elections Act, 1868 : 
 
 " Prescribed " means prescribed by general rules made under this Part : 
 
 "Borough" and "election" when used with reference to a petition 
 mean the borough and election to which the petition relates. 
 
 81. A municipal election shall be wholly avoided by such general 
 corruption, bribery, treating, or intimidation at the election as would by 
 the common law of Parliament avoid a parliamentary election. 
 
 85. The votes of persons in respect of whom any corrupt practice is 
 proved to have been committed at a municipal election shall be struck off 
 on a scrutiny. 
 
 86. The enactments for the time being in force for the detection of 
 personation and for the apprehension of persons charged with personation 
 at a parliamentary election shall apply in the case of a municipal election. 
 
 Election Pctilions. 
 
 Power to ques- 
 tion municipal 
 election by 
 petition. 
 
 Presentation of 
 petition. 
 
 87. — (i.) A municipal election may be questioned by an election 
 petition on the ground — 
 
 {a.) That the election was as to the borough or ward wholly avoided by 
 general bribery, treating, undue influence, or personation ; or 
 
 (^.) That the election was avoided by corrupt practices or offences 
 against this Part committed at the election ; or 
 
 (c.) That the person whose election is c[uestioned was at the time of the 
 election disqualified ; or 
 
 {d.) Thdt he was not duly elected by a majority of lawful votes. 
 
 (2.) A municipal election shall not be questioned on any of those grounds 
 except by an election petition. 
 
 88. — (I.) An election petition may be presented either by four or more 
 persons who voted or had a right to vote at the election or by a person 
 alleging himself to have been a candidate at the election. 
 
 (2.) Any person whose election is questioned by the petition, and any 
 returning officer of who?e conduct a petition complains, may be made a 
 respondent to the petition. 
 
 (3.) The petition shall be in the prescribed form and shall be signed by 
 the petitioner, and shall be presented in the prescribed manner to the High 
 Court in the Queen's Bench Division, and the prescril)ed officer shall send 
 a copy thereof to the town clerk, who shall forthwith publish it in the 
 borough. 
 
 (4.) It shall be presented within twenty-one days after the day on which 
 the election was held, except that if it complains of the election on the 
 ground of corrupt practices, and specifically alleges that a payment of 
 money or other reward has l)een made or promised since the election by a 
 person elected at the election, or on his account or with his privity, in 
 pursuance or furtherance of such corrupt practices, it may be presented at 
 any time within twenty-eight days after the date of the alleged payment or 
 promise, whether or not any other petition against tliat person has been 
 previously presented or tried.
 
 MiDiicipal Corporations Act, 18^2. 367 
 
 89. — (l.) At the time of presenting an election petition or within three Aitendix. 
 days afterwards, the petitioner shall give security for all costs, charges, „ . — ~ 
 and expenses which may become payable by him to any witness summoned costs"^^ 
 on his behalf, or to any respondent. 
 
 (2.) The security shall be to such amount not exceeding five hundred 
 pounds, as the High Court, or a judge thereof, on summons, directs, and 
 shall be given in the prescribed manner, either by a deposit of money, or 
 by recognisance entered into by not more than four sureties, or partly in 
 one way and partly in the other. 
 
 (3.) Within five days after the presentation of the petition the petitioner 
 shall in the prescribed manner serve on the respondent a notice of the 
 presentation of the jietition, and of the nature of the proposed security, and 
 a copy of the petition. 
 
 {4.) Within five days after service of the notice the respondent may 
 object in writing to any recognisance on the ground that any surety is 
 insufficient or is dead, or cannot be found or ascertained for want of a 
 sufficient description in the recognisance, or that a jierson named in the 
 recognisance has not duly acknowledged the same. 
 
 (5.) An objection to a recognisance shall be decided in the prescribed 
 manner. 
 
 (6.) If the objection is allowed, the petitioner may, within a further 
 prescribed time not exceeding five days, remove it by a deposit in the 
 prescribed manner of such sum of money as will, in the opinion of the 
 court or officer having cognisance of the matter, make the security 
 sufficient. 
 
 (7.) If no security is given, as prescribed, or any objection is allowed 
 and is not removed, as aforesaid, no further proceedings shall be had on the 
 petition. 
 
 90. On the e.xpiration of the time limited for making objections, or, Petition at issue, 
 after objection made, on the objection being disallowed or removed, 
 whichever last happens, the petition shall be at issue. 
 
 91. — (i.) The prescribed officer shall as soon as may be make a list, in Municipal elec- 
 this Act referred to as the municipal election list, of all election petitions ''°" "st- 
 at issue, placing them in the order in which they were presented, and shall 
 keep at his office a copy of this list, open to inspection in the prescribed 
 manner. 
 
 (2.) The petitions shall, as far as conveniently may be, be tried in the 
 order in which they stand in the list. 
 
 (3.) Two or more candidates may be made respondents to the same 
 petition, and their cases may be tried at the same time, but for the purposes 
 of this Part the petition shall be deemed to be a separate petition against 
 each respondent. 
 
 (4.) Where more petitions than one are presented relating to the same 
 election, or to elections held at the same time for diff"erent wards of the 
 same borough, they shall be bracketed together in the list as one petition, 
 but shall, unless the High Court otherwise directs, stand in the list in the 
 place where the last of them would have stood if it had been the only 
 petition relating to that election. 
 
 92.— (I.) An election petition shall be tried by an election court Constitution of 
 consisting of a barrister qualified and appointed as in this section provided, election court. 
 without a jury. 
 
 (2.) A barrister shall not be qualified to constitute an election court if 
 he is of less than fifteen years' standing, or is a member of the Commons 
 House of Parliament, or holds any office or place of profit under the 
 Crown, other than that of recorder. 
 
 (3.) A barrister shall not be qualified to constitute an election court for 
 trial of an election petition relating to any borough for which he is 
 recorder, or in which he resides, or which is inckuled in a circuit of Her 
 Majesty's judges on which he practises as a barrister. 
 
 (4.) As soon as may be a^ter a municipal election list is made out the
 
 \6i> 
 
 45 c/ 46 Vic/, c. 50. 
 
 Appendix. prescribed officer shall send a copy thereof to each of the judges for the 
 
 time being on the rota for the trial of parliamentary election petitions. * * * 
 
 (5.) If a commissioner to whom the trial of a petition is assigned, dies, 
 or declines, or becomes incapable to act, the said judges or two of them 
 may assign the trial to be conducted or continued by any other of the 
 commissioners appointed under this section. 
 
 (6.) The election court shall for the purposes of the trial have the same 
 powers and privileges as a judge on the trial of a parliamentary election 
 petition, except that any fine or order of committal by the court may on 
 motion by the person aggrieved be discharged or varied by the High Court, 
 or in vacation by a judge thereof, on such terms, if any, as the High Court 
 or judge thinks fit. 
 Trial of election 93. — (i.) An election petition shall be tried in open court, and notice of 
 petition. ji^g time and place of trial shall be given in the prescribed manner not less 
 
 than seven days before the day of trial. 
 
 (2.) The place of trial shall be within the borough, except that the High 
 Court may, on being satisfied that special circumstances exist rendering it 
 desirable that the petition should be tried elsewhere, appoint some other 
 convenient place for the trial. 
 
 (3.) The election court may in its discretion adjourn the trial from time 
 to time, and from any one place to any other place within the borough or 
 place where it is held. 
 
 {4.) At the conclusion of the trial the election court shall determine 
 whether the person whose election is complained of, or any and what other 
 person, was duly elected, or whether the election was void, and shall 
 forthwith certify in writing the determination to the High Court, and the 
 determination so certified shall be final to all intents as to the matters at 
 issue on the petition. 
 
 (5.) Where a charge is made in a petition of any corrupt practice or 
 offence against this Part having been committed at the election the court 
 shall, in addition to the certificate, and at the same time, report in writing 
 to the High Court as follows : 
 
 {a.) Whether any corrupt practice or offence against this Part has or has 
 not been proved to have been committed by or with the knowledge and 
 consent of any candidate at the election, and the nature of the corrupt 
 practice or offence ; 
 
 {/'.) The names of all persons (if any) proved at the trial to have been 
 guilty of any corrupt practice or offence against this Part ; 
 
 {c.) Whether any corrupt practices have, or whether there is reason to 
 believe that any corrupt practices have, extensively prevaded at the election 
 in the borough or in any ward thereof. 
 
 (6.) The election court may at the same time make a special report to 
 the High Court as to any matters arising in the course of the trial, an 
 account of which ought, in the judgment of the election court, to be 
 submitted to the High Court. 
 
 (7.) If, on the application of any party to a petition made in the 
 prescribed manner to the High Court, it appears to the High Court that 
 the case raised by the petition can be conveniently stated as a special case, 
 the High Court may direct the same to be stated accordingly, and any 
 such special case shall be heard before the High Court, and the decision of 
 the High Court shall be final. 
 
 (8.) If it appears to the election court on the trial of a petition that any 
 question of law as to the admissibility of evidence, or otherwise, requires 
 further consideration by the High Court, the election court may postpone 
 the granting of a certificate until the question has been detei mined by the 
 Higti Court, and for this purpose may reserve any such question, as 
 questions may be reserved by a judge on a trial at nisi jjrius. 
 
 (9.) On the trial of a petition, unless the election court otherwise directs, 
 any charge of a corrupt practice or offence against this Part may be gone 
 into, and evidence in relation thereto received before any proof has been
 
 MiDiicipal Corporations Act, 1882. 369 
 
 given of agency on l)clia]f of any candidate in resjiect of llie corrupt practice Appendix 
 or oflence. 
 
 (10.) On the trial of a petition comiilaining of an undue election and 
 claiming the office for some person, tiie respondent may give evidence to 
 prove tliat that person was not duly elected, in the same manner as if he 
 had presented a petition against the election of that person, 
 
 (II.) The trial of a petition shall be i)roceeded with notwithstanding that 
 the respondent has ceased to hold the office, his election to whTch is 
 questioned by the petition. 
 
 (12.) A copy of any certificate or report made to the High Court on the 
 trial of a petition, and, in the case of a decision by the High Court on a 
 special case, a statement of the decision, shall be sent by the High Court 
 to the Secretary of State. 
 
 (13.) A copy of any such certificate and a statement of any such decision 
 shall also be certified by the High Court, under the hands of two or more 
 judges thereof, to the town clerk of the borough. 
 
 94.— (I.) Witnesses at the trial of an election petition shall be summoned Witnesses, 
 and sworn in the same manner, as nearly as circumstances admit, as 
 witnesses at a trial at nisi prius, and shall be liable to the same penalties 
 for perjury. 
 
 (2.) On the trial the election court may, by order in writing, require any 
 person who appears to the court to have been concerned in the election to 
 attend as a witness, and any person refusing to obey the order shall be 
 guilty of contempt of court. 
 
 (3.) The court may examine any person so required to attend or 
 being in court although he is not called and examined by any party to 
 the petition. 
 
 (4.) A witness may, after his examination by the court, be cross-examined 
 by or on behalf of the petitioner and respondent or either of them. 
 
 (9.) The reasonable expenses incurred by any person in appearing to give 
 evidence at the trial of an election petition, according to the scale allowed 
 to witnesses on the trial of civil actions at the assizes, may be allowed to 
 him by a certificate of the election court or of the prescribed officer, and if 
 the witness was called and examined by the court, shall be deemed part of 
 the expenses of providing a court, but otherwise shall be deemed costs of 
 the petition. 
 
 85.— (I.) A petitioner shall not withdraw an election petition without Withdrawal of 
 the leave of the election court or High Court on special application, made petition, 
 in the prescribed manner, and at the prescribed time and place. 
 
 (2.) The application shall not be made until the prescribed notice of the 
 intention to make it has been given in the borough. 
 
 (3.) On the hearing of the application any person who might have been 
 a petitioner in respect of the election may apply to the court to be sub- 
 stituted as a petitioner, and the court may, if it thinks fit, substitute him 
 accordingly. 
 
 (4.) If the proposed withdrawal is in the opinion of the court induced by 
 any corrupt bargain or consideration, the court may by order direct that 
 the security given on behalf of the original petitioner shall remain as 
 security for any costs that may be incurred by the substituted petitioner, 
 and that to the extent of the sum named in the security, the original 
 petitioner and his sureties shall be liable to pay the costs of the substituted 
 petitioner. 
 
 (5.) If the court does not so direct, then security to the same amount 
 as would be required in the case of a new petition, and subject to the 
 like conditions, shall be given on behalf of the substituted petitioner before 
 he proceeds with his petition and within the prescribed time after the order 
 of substitution. 
 
 (6.) Subject as aforesaid, a substituted petitioner shall, as nearly as may 
 be, stand in the same position and be subject to the same liabilities as the 
 original petitioner. 
 
 2 B
 
 370 
 
 45 ^ 4^5 l^ict. c. 50. 
 
 Appendix. 
 
 Abatement of 
 petition. 
 
 Withdrawal and 
 substitution of 
 respondents. 
 
 Costs on election 
 petitions. 
 
 Reception of and 
 attendance or. 
 the election 
 court. 
 
 (7.) If a petition is withdrawn, the petitioner shall be liable to pay the 
 costs of the respondent. 
 
 (8.) Where there are more petitioners than one, an application to 
 witlidraw a petition shall not be made except with the consent of all the 
 petitioners. 
 
 96. — (i.) An election petition shall be abated by the death of a sole 
 petitioner or of the survivor of several petitioners. 
 
 (2.) The abatement of a petition shall not affect the liability of the 
 petitioner or of any other person to the payment of costs previously 
 incurred. 
 
 (3.) On the abatement of a petition the prescril:)ed notice thereof shall 
 be given in the borough, and, within the prescribed time after the notice is 
 given, any person who might have been a petitioner in respect of the 
 election may apply to the election court or High Court in the prescribed 
 manner and at the prescribed time and place to be substituted as 
 a petitioner ; and the court may, if it thinks fit, substitute him 
 accordingly. 
 
 (4.) Security shall be given on behalf of a petitioner so substituted, as in 
 the case of a new petition. 
 
 97. — (i.) If before the trial of an election petition a respondent other 
 than a returning officer — 
 
 (rt.) Dies, resigns, or otherwise ceases to hold the oi^fiice to which the 
 
 petition relates ; or 
 {b.) Gives the prescribed notice that he does not intend to oppose the 
 petition ; 
 
 the prescribed notice thereof shall be given in the borough, and 
 
 within the prescribed time after the notice is given any person who 
 
 might have been a petitioner in respect of the election may apply 
 
 to the election court or High Court to be admitted as a respondent 
 
 to oppose the petition, and shall be admitted accordingly, e.xcept 
 
 that the number of persons admitted shall not exceed three. 
 
 (2.) A respondent who has given the prescribed notice that he does not 
 
 intend to oppose the petition shall not be allowed to appear or act as a 
 
 party against the petition in any proceedings thereon. 
 
 98. — (I.) All costs, charges, and expenses of and incidental to the 
 presentation of an election petition, and the proceedings consequent thereon, 
 except such as are by this Act otherwise provided for, shall be defrayed by 
 the parties to the petition in such manner and proportions as the election 
 court determines ; and in particular any costs, charges, or expenses which 
 in the opinion of the court have been caused by vexatious conduct, 
 unfounded allegations, or unfounded objections on the part either of the 
 jDctitioner or of the respondent, and any needless expense incurred or 
 caused on the part of petitioner or respondent, may be ordered to be 
 defrayed by the parties by whom it has been incurred or caused, whether 
 they are or not on the whole successful. 
 
 (2.) The costs may be taxed in the prescribed manner * * * and may 
 be recovered as the costs of such an action, or as otherwise prescribed. 
 
 (3.) If a petitioner neglects or refuses for three months after demand to 
 pay to any person summoned as a witness on his behalf, or to the 
 respondent, any sum certified to be due to him for his costs, charges, and 
 expenses, and the neglect or refusal is, within one year after the demand, 
 proved to the satisfaction of the High Court, every person who has under 
 this Act entered into a recognizance relating to the petition shall be held 
 to have made default in the recognizance, and the prescribed officer shall 
 thereon certify the recognizance to be forfeited, and it shall be dealt with 
 as a forfeited recognizance relating to a parliamentary election petition. 
 
 99. — (i.) The town clerk shall provide proper accommodation for holding 
 the election court ; and any expenses incurred by him for the purposes of 
 this section shall be paid out of the borough fund or borough rate. 
 
 (2.) All chief and head constables, superintendents of police, head-
 
 Municipal Corporations A of, 1882. 371 
 
 boroughs, gaolers, constables and IxnililTs shall give their assistance to the Appendix. 
 
 election court in tlie execution of its duties, and if any gaolor or officer of 
 
 a prison makes default in receiving or detaining a prisoner committed 
 thereto in pursuance of this Part, he shall be liable to a fine not exceeding 
 five pounds for every day during which the default continues. 
 
 {3.) The election court may employ officers and clerks as prescribed. 
 
 (4.) A sliorthand writer shall attend at the trial of an election petition, 
 and shall be sworn by the election court faithfully and truly to take down 
 the evidence given at the trial. lie shall tal<c down the evidence at length. 
 A trauscri]-)t of the notes of the evidence taken by him shall, if the election 
 court so directs, accompany the certificate of the election court. His 
 expenses, according to a prescribed scale, shall be treated as part of the 
 expenses incurred in receiving the court. 
 
 100. — (i.) The judges for the time being on the rota for the trial of Rules of pro- 
 parliamentary election petitions, may from time to time make, revoke, and cedure and juris- 
 alter General Rules for the effectual execution of this Part, and of the 'I'c^o"- 
 intention and object thereof, and the regulation of the practice, procedure, 
 and costs of municipal election ]3etitions, and the trial thereof, and the 
 certifying and reporting thereon. 
 
 (2.) All such rules shall be laid before both Houses of Parliament within 
 three weeks after they are made, if Parliament is then sitting, and if not, 
 within three weeks after the beginning of the then next session of Parlia- 
 ment, and shall, while in force, have effect as if enacted in this Act. 
 
 (3.) Subject to the provisions of this Act, and of the rules made under 
 it, the principles, practice, and rules for the time being observed in the 
 case of parliamentary election petitions, and in particular the principles 
 and rules with regard to agency and evidence, and to a scrutiny, and to 
 the declaring any person elected in the room of any other person declared 
 to have been not July elected, shall be observed, as far as may be, in the 
 case of a municipal election petition. 
 
 (4.) The High Court shall, subject to this Act, have the same powers, 
 jurisdiction, and authority with respect to a municipal election petition 
 and the proceedings thereon as if the petition were an ordinary action 
 within its jurisdiction. 
 
 (5.) The duties to be performed by the prescribed officer under this Part 
 shall be performed by the prescribed officer of the High Court. 
 
 (6.) The general rules in force at the commencement of this Act with 
 respect to matters within this Part shall, until superseded by rules made 
 under this section, and subject to any amendment thereof by rules so 
 made, have eftect, with the necessary modifications, as if made under this 
 section. 
 
 101. — (i.) The remuneration and allowances to be paid to a commissioner Expenses of 
 for his services in respect of the trial of an election petition, and to any election court, 
 fjfficers, clerks, or shorthand writers employed under this Part, shall be 
 fixed by a scale made and varied by the election judges on the rota for the 
 trial of parliamentary election petitions, with the approval of the Treasury. 
 The remuneration and allowances shall be paid in the first instance by the 
 Treasury, and shall be repaid to the Treasury, on their certificate, out of 
 the borough fund or borough rate. 
 
 (2.) But the election court may in its discretion order that such remunera- 
 tion and allowances, or the expenses incurred by a town clerk for receiving 
 the election court, shall be repaid, wholly or in part, to the Treasury or 
 the town clerk, as the case may be, in the cases, by the persons,"and in 
 the manner following (namely) : 
 
 (a.) When in the opinion of the election court a petition is frivolous and 
 vexatious, by the petitioner ; 
 
 {!>.) When in the opinion of the election court a respondent has been 
 personally guilty of corrupt practices at the election, by that 
 respondent. 
 
 (3.) An order so made for the repayment of any sum by a petitioner or 
 
 2 B 2
 
 372 45 *^ 46 Vict. c. 50. 
 
 Appendix. respondent may be enforced as an order for payment of costs ; but a deposit 
 
 made or security given under this Part shall not be applied for any such 
 
 repayment until all costs and expenses payable by the petitioner or respon- 
 dent to any party to the petition have been satisfied. 
 Acts done pend- 102. Where a candidate who has been elected to a corporate office is, 
 jng a petition not by a certificate of an election court or a decision of the High Court, declared 
 invalidated. j^^j. j^ have been duly elected, acts done by him in execution of the office, 
 
 before the time when the certificate or decision is certified to the town 
 clerk, shall not be invalidated by reason of that declaration. 
 Provisions as to 103. Where on an election petition the election of any person to a 
 elections in the corporate office has been declared void, and no other person has been 
 un°eat'ed'^on^°"'^ declared elected in his room, a new election shall be held to supj^ly the 
 petition. vacancy in the same manner as on a casual vacancy ; and for the purposes 
 
 of the election any duties to be performed by a mayor, alderman, or other 
 officer, shall, if he has been declared not elected, be performed by a deputy, 
 or other person who might have acted for him if he had been incapacitated 
 by illness. 
 Prohibition of 104. A person who has voted at a municipal election by ballot shall 
 
 disclosure of j^qj j^^ j^j^y proceeding to question the election be required to state for whom 
 he has voted. 
 
 Part V. 
 
 Corporate Property and Liabilities. 
 
 Misapplication of Corporate Property. 
 
 Prohibition of 124. — (i.) It shall not be lawful for a municipal corporation, or the 
 
 expenditure of council of a borough, or a corporate officer, or a trustee, or other person 
 corporate funds acting for a municipal corporation, to pay or apply any money, stocks, 
 elec'ttons.'"'^"''^'^^ funds, securities, or personal property, of or held in trust for the corpora- 
 tion, in payment of 'any expenses occasioned by a parliamentary election or 
 incurred by any person offering himself as a candidate at or before a 
 parliamentary election. 
 
 (2.) Any bond, covenant, recognizance, or judgment given by a corpora- 
 tion, council, officer, trustee, or person as aforesaid, for securing payment 
 of such expenses, shall be void. 
 
 (3.) Any payment, application, bond, covenant, recognizance, or judg- 
 ment made or given by a corporation, council, officer, trustee, or person 
 as aforesaid, for inducing any person to laljour in a parliamentary election 
 at a future time, or to pay or incur expenses as aforesaid at a future time, 
 shall be deemed to be forbidden and declared void by this section, although 
 colourably made or given for any other cause or consideration, 
 
 (4.) Any mortgage or other disposition of corporate land for securing 
 or satisfying any expenses or engagements incurred or to be incurred as 
 aforesaid, and any estate or charge thereby created, shall be void. 
 
 (5.) Any resolution, bye-law, or other proceeding of a council, pur- 
 porting to direct or authorize any payment or thing forbidden by this 
 section, or made or adopted for evading the provisions thereof, shall be 
 void. 
 
 (6.) If any member of a municipal corporation authorizes or directs any 
 payment or application forbidden by this section, or assents to, or concurs 
 or participates in, any affirmative vote or proceeding relating thereto, or 
 signs or seals in his individual capacity, or affixes the corporate seal to, 
 any instrument by this section declared void, he shall be guilty of a mis- 
 demeanour, and, on conviction thereof in the High Court, shall, in addition 
 to such punishment as the court awards, be for ever disabled to take, hold, 
 or exercise any office in the same corjjoration.
 
 Municipal Corporatiojis Act, 1882. t^jt^ 
 
 Api'endix. 
 Part XII. 
 
 Legal Proceedings. 
 
 225. — (I.) An application 'for an information in the nature of a quo Quo warranto 
 warranto ai^ainst any person claimiuf^ to hold a corporate office shall not ^md mandamus, 
 be made after the expiration of twelve months from the time when he 
 became discjualified after election. 
 
 (2.) In the case of such an application, or of an application for a man- 
 damus to proceed to an election of a corporate officer, the applicant shall 
 give notice in writing of the application to the person to be affected thereby 
 (in this section called the respondent) at any time not less than ten days 
 before the day in the notice specified for making the application. 
 
 (3.) The notice shall set forth tlie name and description of the applicant, 
 and a statement of the grounds of the application. 
 
 (4.) The applicant shall deliver with the notice a copy of the affidavits 
 whereby the application will be supported. 
 
 (5.) The respondent may show cause in the first instance against the 
 application. 
 
 (6.) If sufficient cause is not shown, the court, on proof of due service 
 of the notice, statement, and copy of affidavits, used in support of the 
 application, may, if it thinks fit, make the rule for the information or 
 mandamus absolute. 
 
 (7.) The court may, if it thinks fit, direct that any issue of fact on an 
 information be tried by jury in London or at Westminster. 
 
 (8.) The court may, if it thinks fit, direct that any writ of mandamus 
 issued shall be peremptory in the first instance. 
 
 45 & 46 Vict. c. 58. 
 
 An Act to amend the Divided Parishes and Poor La7j Amendment Act, 
 \^l6 ; a7id for other purposes. [l8th August, 1882.] 
 
 8. Any wards already formed or hereafter to be formed by the Local Powers to alter 
 Government Board under the Public Health Act, 1872, or the Public wards for election 
 Health Act, 1875, for the election of guardians of the poor, and the cmafn ras"e's!" 
 number of guardians to be elected for such wards respectively, may be 35 & 36 Vict." 
 altered from time to time by that board as they may think fit. c. 79. 
 
 ' •' •' 38 & 39 Vict. 
 
 c-SS- 
 
 46 & 47 Vict. c. 51. 
 
 An Act Jor the better prex'oition of Corrupt and Illegal Practices at 
 Parliamentary Elections. [2Sth August, 1883.] 
 
 Corrupt Practices. 
 
 4. Where, upon the trial of an election petition respecting an election Punishment of 
 for a county or borough, the election court, by the report made to the candidate found, 
 Speaker in pursuance of section eleven of the Parliamentary Elections "." election peti- 
 Act, 1868, reports that any corrupt practice other than treating or undue per"sonally^of 
 influence has been proved to have been committed in reference to such corrupt 
 election by or with the knowledge and consent of any candidate at such practices, 
 election, or that the oft'ence of treating or undue influence has been proved 
 to have been connnitted 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
 
 574 
 
 46 & 47 Vict. c. 51. 
 
 Appendix. 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 indictment of a corrupt practice. 
 Punishment of 6. — (3.) A person who is convicted on indictment of any corrupt practice 
 
 person convicted shall (in addition to any punishment as above providecl) be not capable 
 corrupt"'"^"' °^ during a period of seven years from the date of his conviction : — 
 practices. ('^•) Of being registered as an elector or voting at any election in the 
 
 United Kingdom, whether it be a parliamentary election or an 
 election for any public office within the meaning ot this Act ; or — 
 {h.) Of holding any public or judicial office within the meaning of this 
 Act, and if he holds any such office the office shall be vacated. 
 
 Punishment on 
 conviction of 
 illegal practice. 
 
 Illegal Practices. 
 
 10. A person guilty of an illegal practice, whether under the foregoing 
 sections or under the provisions hereinafter contained in this Act, shall on 
 summary conviction be liable to a fine not exceeding one hundred pounds, 
 and be incapable during a period of five years from the date of his convic- 
 tion of being registered as an elector or voting at any election (whether 
 it be a parliamentary election or an election for a public office within the 
 meaning of this Act) held for or within the county or borough in which 
 the illegal practice has been committed. 
 
 Obligation of 
 witness to 
 answer, and 
 certificate of 
 indemnity. 
 
 Siipflcmental Provisions, Definitions, Savings, and Repeal. 
 
 59. — (i.) A person who is called as a witness respecting an election 
 before any election court shall not be excused from answering any question 
 relating to any offence at or connected with such election, on the ground 
 that the answer thereto may criminate or tend to criminate himself or on 
 the ground of privilege ; 
 Provided that — 
 
 (rt.) a witness who answers truly all questions ^\•hich he is required by 
 
 the electioii court to answer shall be entitled to receive a certificate 
 
 of indemnity under the hand of a member of the court stating that 
 
 such witness has so answered : and 
 
 (h.) an answer by a person to a question put by or before any election 
 
 court shall not, except in the case of any criminal proceeding for 
 
 perjury in respect of such evidence, be in any proceeding, civil or 
 
 criminal, admissible in evidence against him. 
 
 (2.) Where a person has received such a certificate of indemnity in 
 
 relation to an election, and any legal proceeding is at any time instituted 
 
 against him for any offence under the Corrupt Practices Prevention Acts or 
 
 this Act committed by him previously to the date of the certificate at or in 
 
 relation to the said election, the court having cognizance of the case shall 
 
 on proof of tlie certificate stay the proceeding, and may in their discretion 
 
 award to the said person such costs as he may have been put to in the 
 
 proceeding. 
 
 (3.) Nothing in this .section .'-hall be taken to relieve a person receiving 
 a certificate of indemnity from any incapacity under this Act or from any 
 proceeding to enforce sucli incapacity (other than a criminal prosecution). 
 
 (4.) This section should apply in the case of a witness before any election 
 commissioners, in like manner as if the expression "election court " in this 
 section included election commissioners. 
 
 (5.) Where a solicitor or jierson lawfully acting as agent for any party to 
 an election petition respecting any election for a county or borough has not 
 taken any part or been concerned in such election, the election commis- 
 sioners inquiring into .such election shall not be entitled to examine such 
 solicitor or agent respecting matters which came to his knowledge by 
 reason only of his being concerned as solicitor or agent for a parly to such 
 petition.
 
 Cor nipt and Illegal Practices Prevention Act, 1883. 375 
 
 60. An ck'ction court or election commissioners, when reporting that Acpendix. 
 certain persons have been guilty of any corrupt or illegal practice, shall g . ■~^ r 
 report whether those persons have or not been furnished with certificates of report or election 
 indemnity ; and such report shall be laid liefore the attorney-general court of commis- 
 (accompanied in the case of the commissioners with the evidence on which ^'°"<=''s to attor- 
 such report was based) with a view to his instituting or directing a prose- '"-'y'^*^"*-"^ • 
 cution against such persons as have not received certificates of indemnity, 
 if the evidence should, in his opinion, be sufficient to support a prose- 
 cution. 
 
 64. In this Act, unless the context otherwise requires — General interpre- 
 
 The c.\pressit)n "High Court" means Her Majesty's High Court of tation of terms. 
 Justice in England : 
 
 The expressions "court of summary jurisdiction," "petty sessional 
 
 court," and " Summary Jurisdictions Acts " have the same meaning ^ „ „. 
 as in the Summary Jurisdiction Act, 1S79 : ''c.\(h^ "^ " 
 
 The expression " the attorney-general " includes the solicitor-general in 
 cases where the office of the attorney-general is vacant or the 
 attorney-general is interested or otherwise unable to act : 
 
 The expression "elector " means any person whose name is for the time 
 being on the register, roll or book containing the names of the 
 persons entitled to vote at the election with reference to which the 
 expression is used : 
 
 The expression "register of electors" means the said register, roll or 
 book : 
 
 The expression "polling agent" means an agent of the candidate 55 & 36 Vict, 
 appointed to attend at a polling station in pursuance of the Ballot '^' 33- 
 Act, 1S72, or of the Acts therein referred to or amending the same : 
 
 The expression "person" includes an association or body of persons, 
 corporate or unincorporate, and where any act is done by any such 
 association or body, the members of such association or body who 
 have taken part in the commission of such act shall be liable to any 
 fine or punishment imposed for the same by this Act : 
 
 The expression " committee room" shall not include any house or room 
 occupied by a candidate at an election as a dwelling, by reason only 
 of the candidate there transacting business with his agents in relation 
 to such election ; nor shall any room or building be deemed to be a 
 committee room for the purposes of this Act by reason only of the 
 candidate or any agent of the candidate addressing therein electors, 
 committee-men or others : 
 
 The expression "public office" means any office under the crown or 
 under the charter of a city or municipal borough or under the Acts 
 relating to Municipal Corporations or to the Poor Law, or under 
 the Elementary Education Act, 1870, or under the Public Health ''3 & 34 Vict. 
 Act, 1S75, or under any Acts amending the above-mentioned Acts, 38lt'39Vict. 
 or under any other Acts for the time being in force (whether passed c. 55. 
 before or after the commencement of this Act) relating to local 
 government, whether the office is that of mayor, chairman, alder- 
 man, councillor, guardian, member of a board, commission, or other 
 local authority in any county, city, borough, union, sanitary district 
 or other area, or is the office of clerk of the peace, town clerk, clerk 
 or other officer under a council, board, commission, or other 
 authority, or is any other office to which a person is elected or 
 appointed under any such charter or Act as above mentioned, and 
 includes any other municipal or parochial office ; and the expressions 
 "election," "election petition," "election court," and "register 
 of electors," shall, where expressed to refer to an election for any 
 such public office, be construed accordingly : 
 
 The expression "judicial office " includes the office of justice of the peace 
 and revising barrister : 
 
 The expression " indictment " includes information :
 
 2,76 4^ cf 47 Vict. r. 51. 
 
 Appendix. The expression " costs " includes costs, charges, and expenses : 
 
 "~~ The expression "payment" includes any pecuniary or other reward; 
 
 and the expressions " pecuniary reward " and "money" shall be 
 deemed to include any office, place, or employment, and any valualile 
 security, or other equivalent for money, and any valuable con- 
 sideration, and expressions referring to money shall be construed 
 accordingly : 
 The expression "Licensing Acts" means the Licensing Acts, 1872 
 
 to 1874 : 
 Other expressions have the same meaning as in the Corrupt Practices 
 Prevention Acts. 
 
 MUNICIPAL ELECTIONS (CORRUPT AND ILLEGAL 
 PRACTICES) ACT, 1884. 
 
 [47 & 48 Vict. c. 70.] 
 
 Aji Act for the better Pra'e7ition of Corrupt and Illegal Practices at 
 Municipal and other Elections. [ 14th August 1 884. ] 
 
 Corrupt Practices. 
 
 Definition and 2. — (i.) — The expression "corrupt practice " in this Act means any of the 
 
 punishment of following offenccs, namely, treating, undue influence, bribery, and 
 Tmum^'^af "^^ personation as defined by the enactments set forth in Part One of the Third 
 elect^on?*^^ Schedule to this Act, and aiding, abetting, counseUing, and procuring the 
 
 commission of the offence of personation. 
 
 (2.) A person who commits any corrupt practice in reference to a 
 
 municipal election shall be guilty of the like offence, and shall on 
 
 conviction be liable to the like punishment, and subject to the like 
 
 incapacities, as if the corrupt practice had been committed in reference to 
 
 a parliamentary election. 
 
 Incapacity of 3.— (l.) Where upon the trial of an election petition respecting a 
 
 candidate municipal election for a borough or ward of a borough it is found by the 
 
 reported gmUy of j^pQ^j ^f ^n election court made in pursuance of section ninety-three of the 
 
 45'&"46 Via. ''^'^ Municipal Corporations Act, 1882, that any corrupt practice, other than 
 
 c. so. treating and 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 
 
 holding a corporate office in the said 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 
 
 of a corrupt practice. 
 
 (2.) Upon the trial of an election petition respecting a municipal election 
 for a borough or ward of a 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 High Court 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 a corrupt practice in 
 reference to such election, that candidate shall not be capable of being 
 elected to or holding any corporate office in the said borough, during a 
 period of three years from the date of the report, and if he has been elected, 
 his election shall be void.
 
 Municipal Elections {Corrupt Practices) Act, 1884. 377 
 
 //Av-«/ Practices. Appenimx. 
 
 4. — (I.) No payment or contract for payment shall, for the purpose of Certain cxpondi- 
 promoting or procuring the election of a candidate at a municipal election, '"'"'='" b<: illegal 
 be made — ^^^^ '"' 
 
 {a.) on account of the conveyance of electors to or from the poll whether 
 for the hiring of horses or carriages, or for railway fares, or 
 otherwise ; or 
 (/'.) 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 exhibition of any address, bill, or notice ; or 
 (c.) on account of any committee room in excess of the number allowed 
 by this Act (that is to say), if the election is for a borough one 
 committee room for the borough, and if the election is for a ward 
 one committee room for the ward, and if the number of electors in 
 such borough or ward exceeds two thousand, one additional 
 committee room for every two thousand electors and incomplete 
 part of two thousand electors, over and above the said two 
 thousand. 
 (2.) Subject to such exception as may be allowed in pursuance of this 
 Act, if any payment or contract for payment is knowingly made in 
 contravention of this section either before, during, or after a municipal 
 election, the person making such payment or contract shall be guilty of 
 an illegal practice, and any person receiving such payment or being a party 
 to any such contract, knowing the same to Ije in contravention of this Act, 
 shall also be guilty of an illegal practice. 
 
 (3.) Provided that where it is the ordinaiy business of an elector as an 
 advertising agent to exhibit for payment bills and advertisements, a pay- 
 ment to or contract with such elector if made in the ordinary course of 
 business, shall not be deemed to be an illegal practice within the meaning 
 of this section. 
 
 6. — (l.) If any person votes or induces or procures any person to vote at Voting by pro- 
 a municipal election, knowing that he or such person is prohibited, whether ^^d'^'^brthT"^ f 
 by this or any other Act, from voting at such election, he shall be guilty fa"ise^rtateme"n^ts° 
 of an illegal practice. of withdrawal to 
 
 (2.) Any person who before or during a municipal election knowingly ^e illegal, 
 publishes a false statement of the withdrawal of a candidate at such election 
 for the purpose of promoting or procuring the election of another candidate 
 shall be guilty of an illegal practice. 
 
 (3.) Provided that a candidate shall not be liable, nor shall his election 
 be avoided, for any illegal practice under this section committed without 
 his knowledge and consent. 
 
 7. A person guilty of an illegal practice in reference to a municipal Punishment on 
 election, shall on summary conviction be liable to a fine not exceeding one [[""t^a^'ract^'^ e 
 hundred pounds and be incapable during a period of five years from the ' '^°^ ^"'^ "^^' 
 date of his conviction of being registered as an elector or voting at any 
 election (whellier it be a parliamentary election or an election for a public 
 oiiice within the meaning of this Act) held for or within the borough in 
 which the illegal practice has been committed. 
 
 8. — (i.) An illegal practice within the meaning of this Act shall be Incapacity of 
 deemed to be an offence against Part Four of the Municipal Corporations candidate re- 
 Act, 1882, and a petition alleging such illegal practice may be presented nilgai practice. 
 and tried accordingly. 45 §: 46 Vict. 
 
 (2.) Upon the trial of an election jietition respecting a municipal election c. 5°- 
 for a borough or ward of a borough in which a charge is made of any 
 illegal practice having been committed in reference to such election, the 
 election court shall report in writing to the High Court whether any of the 
 candidates at such election has been guilty by himself or his agents of an 
 illegal practice in reference to such election, and if the report is that a 
 candidate at such election has been guilty by himself or his agents of an
 
 37^ 
 
 47 ^ 48 Vict. c. 70. 
 
 Ari'ENDix. illegal practice in reference. to such election, the candidate shall not be 
 capable of being elected to or of holding any corporate office in the said 
 borough during the period for which he was elected to serve, or for which 
 if elected he might have served, and if he was elected his election shall be 
 void ; and, if the report is that such candidate has himself been guilty of 
 such illegal practice, he shall also be subject to the same incapacities as if 
 at the date of the report he had been convicted of such illegal practice. 
 
 Providing of 
 money for illegal 
 practice or pay- 
 ment to be illegal 
 payment. 
 
 F.mployment of 
 hackney car- 
 riages, or of car- 
 riages and horses 
 kept for hire. 
 
 Corrupt with- 
 drawal from a 
 candidature. 
 
 Certain expendi- 
 ture to be illegal 
 payment. 
 
 Certain employ- 
 ment to be illegal. 
 
 Illegal Payment, Eniployinciit, and Hiring. 
 
 9. Where a person knowingly provides money for any payment which is 
 contrary to the provisions of this Act, or for any expenses incurred in excess 
 of any maximum amount allowed by this Act, or for replacing any money 
 expended in any such payment, except where the same may have been 
 previously allowed in pursuance of this Act to be an exception, such person 
 shall be guilty of illegal payment. 
 
 10. — (I.) A person shall not let, lend, or employ for the purpose of the 
 conveyance of electors to or from the poll at a municipal election, 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, and if he lets, lends, 
 or employs such carriage, horse, or other animal, knowing that it is intended 
 to be used for the purpose of the conveyance of electors to or from the poll, 
 he shall be guilty of illegal hiring. 
 
 (2.) A person shall not hire, borrow, or use for the purpose of the 
 conveyance of electors to or from the poll any carriage, horse, or other 
 animal which he knows the owner thereof is prohibited by this section to 
 let, lend, or employ for that purpose, and if he does so he shall be guilty of 
 illegal hiring. 
 
 (3.) Nothing in this Act shall prevent a carriage, horse, or other animal 
 being let to or hired, employed, or used by an elector, or several electors 
 at their joint cost, for the purpose of conveying him or them to or from 
 the poll. 
 
 (4.) No person shall be liable to pay any duty or to take out a license 
 for any carriage by reason only of such carriage being used without 
 payment or promise of payment for the conveyance of electors to or from 
 the poll at an election. 
 
 11. Any person who corruptly induces or procures any other person to 
 withdraw from being a candidate at a municipal election, in consideration 
 of any payment or promise of payment, shall be guilty of illegal payment, 
 and any person withdrawing in pursuance of such inducement or pro- 
 curement shall also be guilty of illegal payment. 
 
 12. — (i.) No payment or contract for payment shall, for the purpose of 
 promoting or jirocuring the election of a candidate at a municipal election, 
 be made on account of bands of music, torches, flags, banners, cockades, 
 ribbons, or other marks of distinction. 
 
 (2.) Subject to such exception as may be allowed in pursuance of this 
 Act, if any payment or contract for payment is made in contravention of 
 this section, cither before, during, or after an election, the person making 
 such payment shall be guilty of illegal payment, and any person being 
 a party to any such contract or receiving such payment shall also be 
 guilty of illegal payment if he knew that the same was made contrary 
 to law. 
 
 13. — (I.) No person shall, for the purpose of promoting or procuring the 
 election of a candidate at a municipal election, be engaged or employed for 
 payment or promise of payment for any purpose or in any capacity 
 whatever, except as follows (that is to say), 
 
 (rt.) a number of persons may be employed, not exceeding two for a 
 borough or -ward, and if the number of electors in such borough or 
 ward exceeds two thousand one additional person may be employed
 
 ]\Inuicipal Elections {Corrupt Practices) Act, 1884. 379 
 
 for every thousand electors- and incomplete part of a thousand Aitendix. 
 electors over and above the said two thousand, and such persons 
 may be employed as clerks and messengers, or in either capacity ; and 
 
 {b.) one polling agent may be employed in each polling station : 
 
 Provided that this section shall not apply to any engagement or employ- 
 ment for carrying into effect a contract bona fide made with any person in 
 the ordinary course of business. 
 
 (2.) Subject to such exception as may be allowed in pursuance of this 
 Act, if any person is engaged or employed in contravention of this section, 
 either before, during, or after an election, the person engaging or employing 
 him shall be guilty of illegal employment, and the jierson so engaged or 
 employed shall also be guilty of illegal employment if he knew that he was 
 engaged or employed in contravention of this Act. 
 
 (3.) A i)erson legally employetl for payment under this section may or 
 may not be an elector, but may not vote. 
 
 14. Every liill, placard, or poster having reference to a municipal Name and .ad- 
 election shall bear upon the face thereof the name and address of the f^""^'^ of printer 
 printer and publisher thereof; and any person printing, publishing, or °" ^ ^"^"^ ^' 
 posting, or causing to be printed, published, or posted, any such bill, 
 
 placard, or jioster as aforesaid, which fails to bear upon the face thereof 
 the name and address of the printer and publisher, shall, if he is a 
 candidate, be guilty of an illegal jiractice, and if he is not the candidate, 
 shall be liable on summary conviction to a fine not exceeding one hundred 
 pounds. 
 
 15. The provisions of this Act prohibiting certain payments and Saving for 
 contracts for payments, and the payment of any sum, and the incurring of creditors. 
 any expense, in excess of a certain maximum, shall not affect the right of 
 
 any creditor who, when the contract was made or the expense was incurred, 
 was ignorant of the same being in contravention ot this Act. 
 
 16. — (i.) {a.) Any premises, which are licensed for the sale of any Use of certain 
 intoxicating liquor tor consumption on or off the premises, or on which premises for com- 
 refreshment of any kind (whether food or drink) is ordinarily sold for meetings to be 
 consumption on the premises, or illegal hiring. 
 
 {b.) Any premises where any intoxicating liquor is supplied to members 
 of a club, society, or association, or any part of any such premises, 
 
 shall not, for the purpose of promoting or procuring the election of a 
 candidate at a municipal election, be used either as a committee room or for 
 holding a meeting, and if any person hires or uses any such premises or 
 any part thereof in contravention of this section he shall be guilty of illegal 
 hiring, and the person letting or permitting the use of such premises or part 
 thereof, if he knew it was intended to use the same, in contravention of 
 this section, shall also be guilty of illegal hiring. 
 
 (2.) Provided that nothing in this section shall 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 sejiarate 
 entrance and no direct communication with any part of the premises 
 on which any intoxicating liquor or refreshment is sold or supplied as 
 aforesaid. 
 
 17. (1.) A person guilty of an oftence of illegal payment, employment, Punishment of 
 or hiring shall, on summary conviction, be liable to a fine not exceeding '"eg:d payment, 
 one hundred pounds. hiring.^'"""'' "' 
 
 (2.) Where an offence of illegal payment, employment, or hiring is 
 committed by a candidate, or with his knowledge and consent, such 
 candidate shall be guilty of an illegal practice. 
 
 18. Where upon the trial of an election petition respecting a municipal Avoidance of 
 election for a borough or ward of a borough it is found by the election election for 
 court that illegal practices or offences of illegal payment, employment, or e>:tensive illegal 
 hiring, committed in reference to such election for the purpose of pro- P''^'^'"^'^^' ''^• 
 moting the election of a candidate at that election, have so extensively 
 
 prevailed that they may be reasonably supposed to have affected the result
 
 38o 
 
 47 & 48 Fict. c. 70. 
 
 Appendix. of that election, the election court shall report such finding to the High 
 Court, and the election of such candidate, if he has been elected, shall be 
 void, and he shall not, during the period for which he was elected to serve, 
 or for which, if elected, he might have served, be capable of being elected 
 to or holding any corporate office in the said borough. 
 
 Report exonerat 
 ing candidate in 
 certain cases of 
 corrupt and 
 illegal practice 
 by agents. 
 
 Power of High 
 Court and elec- 
 tion court to 
 except innocent 
 act from being 
 illegal practice. 
 &c. 
 
 Excuse and Exception for Corrupt or Illegal Practice or Illegal Payment,. 
 Employment, or Hiring. 
 
 19. Where, upon the trial of an election petition respecting a municipal 
 election, the election court reports that a candidate at such election has 
 been guilty by his agents of the offence of treating and undue influence, 
 and illegal practice, or of any of such offences, in reference to such election, 
 and the election court further report that the candidate has proved to- 
 the court — ■ 
 
 («.) that no corrupt or illegal practice was committed at such election 
 by the candidate or with his knowledge or consent, and the offences 
 mentioned in the said report were committed without the sanction 
 or connivance of such candidate ; and 
 (/'.) that all reasonable means for preventing the commission of corrupt 
 and illegal practices at such election were taken by and on behalf 
 of the candidate ; and 
 (r.) that the offences mentioned in the said report were of a trivial,. 
 
 unimportant, and limited character ; and 
 ((/.) that in all other respects the election was free from any corrupt or 
 illegal practice on the part of such candidate and of his agents ; 
 then the election of such candidate shall not, by reason of the offences 
 mentioned in such report, be void, nor shall the candidate be subject to 
 any incapacity under this Act. 
 
 20, Where, on application made, it is shown to the High Court or to a 
 municipal election court by such evidence as seems to the Court sufficient — 
 
 (rt.) that any act or omission of a candidate at a municipal election for 
 a borough or ward of a borough, or of any agent or other person, 
 would, by reason of being in contravention of any of the provisions 
 of this Act, be but for this section an illegal practice, payment, 
 employment, or hiring ; and 
 (i^.) that such act or omission arose from inadvertence or from accidental 
 miscalculation or from some other reasonable cause of a like 
 nature, and in any case did not arise from any want of good faith ;. 
 and 
 (r,) that such notice of the application has been given in the said borough' 
 as to the court seems fit ; 
 and under the circumstances it seems to the court to be just that the 
 said candidate, agent and person, or any of them, should not be subject 
 to any of the consequences under this Act of the said act or omission,, 
 the court may make an order allowing such act or omission to be an 
 exception from the provisions of this Act which would otherwise make 
 the same an illegal jiractice, payment, employment, or hiring, and there- 
 upon such candidate, agent, or person shall not be subject to any of the 
 consequences under this Act of the said act or omission. 
 
 Disqualification of Electors. 
 
 Prohibition of 22. Every person guilty of a corrujit or illegal practice or of illegal 
 
 pwsons guilty of employment, payment, or hiring at a municipal election is prohibited from 
 
 voting at such election, and if any such person votes his vote shall be void, 
 
 and shall be struck off on a scrutiny. 
 
 23. So much of sections thirty-seven and thirty-eight of the Corrupt and 
 
 Illegal Practices Trcvcnlion Act, 1883, as is set forth in Tart Two of the 
 
 Tliirtl Schedule to tliis Act, shall njiply as part of this Act. 
 
 ifTences from 
 voting. 
 
 Application of 
 ss. 37 6t 38 of 
 46 & 47 Vict. 
 C.51.
 
 Municipal Elcctiojis {Corrupt Practices) Act, 1884. 381 
 
 24. — (i,) The town clerk in every nnniicipal borcnigh shall aiiinially in Appendix. 
 July make out a list containin<,' the names and description of all persons ,., . T~, 
 who, though otherwise ([ualified to be enrolled as burgesses of such borough, roM of persons^ 
 have under this Act, or under the Corrupt and Illegal Practices IVevention incapacit.itcd for 
 Act, 1SS3, or under any other Act for the time JK'ing in force relating to a ^>''.'"K by corrupt 
 parliamentary election or an election to any pui)lic oflice, become after the Jicus*^*^^ ^^^^' 
 commencement of this Act, by reason of conviction of a corrupt or illegal 
 practice, or of the report of any election court or election commissioners, 
 incapable of voting at a municipal election in such borough or any ward 
 thereof, and the town clerk 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.) For 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 of inquired into an election where the election 
 (whether a jiarliamentary election or an election to any public office) 
 was held in the said borough or in the county in which such borough 
 is situate. 
 
 (3.) The town clerk of any municipal borough shall, not less than 
 fourteen days before the first day appointed by law for the publication of 
 ilie parish burgess lists in such borough, send the corrupt and illegal 
 practices list to the overseers of every parish wholly or partly within the 
 borough, and the overseers shall publish that list together with the parish 
 burgess lists, and shall also, in the case of every person in the corrupt and 
 illegal practices list, omit his name from the list of persons entitled to be 
 enrolled as burgesses or to be elected councillors, or, as circumstances 
 recjuire, add "objected " before his name in the list of claimants published 
 by them, in like manner as is required by law in any other cases of 
 disqualification. 
 
 (4.) Any person named in the corrupt and illegal practices list may claim 
 to have his name omitted therefrom, and any person entitled to object to 
 any parish burgess list may object to the omission of the name of any 
 person from such first-mentioned list. Such claims and objections shall 
 be sent in within the same time and be dealt with in like manner, and any 
 such objection shall be served on the person referred to therein in like 
 manner, as nearly as circumstances admit, as other claims and objections 
 under the enactments relating to the enrolment of burgesses. 
 
 (5.) The revising authority shall determine such claims and objections 
 and shall revise such list in like manner, as nearly as circumstances admit, 
 as in the case of other claims and objections and of any parish burgess list 
 and list of persons entitled to be elected councillors. 
 
 (6.) Where it appears to the revising authority that a person not named 
 in the list is subject to have his name inserted in the corrupt and illegal 
 practices list, he shall (whether an objection to the omission of such name 
 from the list has or has not been made, but) after giving such person an 
 opportunity of making a statement to show cause to the contrary, insert his 
 name in that list and expunge his name from any list of burgesses or of 
 persons entitled to be elected councillors. 
 
 (7.) A revising authority in acting under this section shall determine 
 only whether a person is incapacitated by conviction or by the report of 
 any election court or election commissioners, and shall not determine 
 whether a person has or has not been guilty of any corrupt or illegal 
 practice. 
 
 (8.) The corrupt and illegal practices list shall be appended to the 
 burgess roll, and shall be printed and published therewith wherever the 
 same is printed or published. 
 
 (9.) Any town clerk or overseer who fails to comply with the provisions 
 of this section shall be liable to the like fine as he is liable to under section 
 seventy-five of the Municipal Corporations Act, 1882, for any neglect or 45 & 46 Vict, 
 refusal in relation to a parish burgess list as therein mentioned. c. 50.
 
 382 47 '^ 48 ^/^^. <^- 70. 
 
 Appendix. Proceedings on Election Petitions. 
 
 Petition for 25. — (i.) A municipal election petition complaining of the election on 
 
 illegal practice. (-|^g ground of an illegal practice may be presented at any time before the 
 
 expiration of fourteen days after the day on which the town clerk receives 
 
 the return and declaration respecting election expenses by the candidate 
 
 to whose election the petition relates, or where there is an authorised excuse 
 
 for failing to make the return and declaration then within the like time 
 
 after the date of the allowance of the excuse. 
 
 Time for pre- (2. ) A municipal election petition, complaining of the election on the 
 
 sentationof peti- ground of an illegal practice, and specifically alleging a payment of money 
 
 tion alleging ^^ other act made or done since the election by the candidate elected at 
 
 1 ega prac ices. ^^^ election, or by an agent of the candidate, or with the privity of the 
 
 candidate, in pursuance or in furtherance of such illegal practice, may be 
 
 presented at any time within twenty-eight days after the date of such 
 
 payment or act, whether or not any other petition against that person has 
 
 been previously presented or tried. 
 
 45 & 46 Vict. (3.) Any election petition presented within the time limited by the 
 
 c. so- Municipal Corporations Act, 1882, may, for the purpose of complaining 
 
 of the election upon an allegation of an illegal practice, be amended with 
 
 the leave of the High Court within the time within which a petition 
 
 complaining of the election on the ground of that illegal practice can, 
 
 under this section, be presented. 
 
 (4.) This section shall apply notwithstanding the illegal practice is also 
 a corrupt practice. 
 Withdrawal of 26. — (i.) Before leave for the withdrawal of a municipal election petition 
 
 election petition, is granted, there shall be produced affidavits by all the parties to the 
 petition and their solicitors, but the High Court may on cause shown 
 dispense with the affidavit of any particular person if it seems to the court 
 on special grounds to be just so to do. 
 
 (2.) Each affidavit shall state that, to the best of the deponent's know- 
 ledge and belief, no agreement or terms of any kind whatsoever has or 
 have been made, and no undertaking has been entered into, in relation to 
 the withdrawal of the petition ; but if any lawful agreement has been made 
 with respect to the withdrawal of the petition, the affidavit shall set forth 
 that agreement, and shall make the foregoing statement subject to what 
 appears from the affidavit. 
 
 (3.) The affidavits of the applicant and his solicitor shall further state 
 the ground on which the petition is sought to be withdrawn. 
 
 (4.) If any person makes any agreement or terms, or enters into any 
 undertaking, in relation to the withdrawal of an election petition, and such 
 agreement, terms, or undertaking is or are for the withdrawal of the elec- 
 tion petition in consideration of any payment, or in consideration that the 
 seat shall at any time be vacated, or in consideration of the withdrawal of 
 any other election petition, or is or are (whether lawful or unlawful) not 
 mentioned in the aforesaid affidavits, he shall be guilty of a misdemeanor, and 
 shall be liable on conviction on indictment to imprisonment for a term 
 not exceeding twelve months, and to a fine not exceeding two hundred 
 pounds. 
 
 (5.) Copies of the said affidavits shall be delivered to the Director of 
 public prosecutions a reasonable time before the application for the with- 
 drawal is heard, and the court may hear the Director of public prosecutions 
 or his assistant or other representative (appointed with the approval of the 
 Attorney-General), in opposition to the allowance of the withdrawal of the 
 petition, and shall have power to receive the evidence on oath of any person 
 or persons whose evidence the Director of public prosecutions or his assist- 
 ant, or other representative, may consider material. 
 
 (6.) Where in the opinion of the court the proposed witlidrawal of a 
 petition was the result of any agreement, terms, or undertaking prohibited 
 by this section, the court shall have the same power with respect to the
 
 Municipal Elections [Corrupt Practices) Act, 18S4. ^^^ 
 
 security as under section ninety-five of the Municipal Corporations Act, Appendix. 
 1882, where the withdrawal is induced by a corrupt consideration. — 7 
 
 (7.) In every case of the withdrawal of an election petition, by leave c^^"*^ '' 
 of the election court such court shall report in writing to the High Court 
 whether, in the opinion of sucli election court, the withdrawal of such 
 petition was the result of any agreement, terms, or undertaking, or was in 
 consideration of any payment, or in consideration that the seat should at 
 any time be vacated, or in consideration of the withdrawal of any other 
 election petition, or for any other considerations, and if so, shall state the 
 circumstances attending the withdrawal. 
 
 (8.) Where more than one solicitor is concerned for the petitioner or 
 respondent, whether as agent for another solicitor or otlierwise, the 
 affidavit shall be made by all such solicitors. 
 
 27. The trial of every municipal election petition shall, so far as is Continuation of 
 practicable consistently with the interests of justice in respect of such trial, trial of election 
 be continued de die in diem on every lawful day until its conclusion. petition. 
 
 28. — (l.) On every trial of a municipal election petition the Director of Attendance of 
 public prosecutions shall by himself or by his assistant, or by such represen- Directorof public 
 tative as hereinafter mentioned, attend at the trial, and it shall be the duty Prosecutions on 
 of such Director to obey any directions given to him by the election court petition, and 
 with respect to the summoning and examination of any witness to give prosecution by 
 evidence on such trial, and with respect to the prosecution by him of ^'"^ °f offenders, 
 oftenders, and with respect to any person to whom notice is given to 
 attend with a view to report him as guilty of any corrupt or illegal practice. 
 (2.) It shall also be the duty of such Director, without any direction 
 from the election court, if it appears to him that any person is able to give 
 material evidence as to the subject of the trial, to cause such person to 
 attend the trial, and with the leave of the court to examine such person as 
 a witness. 
 
 (3.) It shall also be the duty of the said Director, without any direction 
 from the election court, if he thinks it expedient in the interests of justice 
 so to do, to i^rosecute, either before the said court or before any other 
 competent court, any person who has not received a certificate of indemnity 
 and who appears to him to have been guilty of a corrupt or illegal practice 
 at a municipal election. 
 
 (4.) Where a person is prosecuted before an election court for any 
 corrupt or illegal practice, and such person appears before tire court, the 
 court .shall proceed to try him summarily for the said offence, and such 
 person, if convicted thereof upon such trial, shall be subject to the same 
 incapacities as he is subject to under this or any other Act, upon convic- 
 tion, whether on indictment or in any other proceeding for the said oftence ; 
 and further, may be adjudged by the court, if the oftence is a corrupt 
 practice, to be imprisoned, with or without hard labour, for a term not 
 exceeding six months, or to pay a fine not exceeding two hundred pounds, 
 and if the oftence is an illegal practice, to pay such fine as is fixed by this 
 Act for the oftence : 
 
 Provided that, in the case of a corrupt practice, the court, before pro- 
 ceeding to try summarily any person, shall give such person the option of 
 being tried by a jurj'. 
 
 (5.) Where a person is so prosecuted for any such offence, and either he 
 elects to be tried by a jury or he does not appear before the court, or the 
 court thinks it in the interests of justice expedient that he should be tried 
 before some other court, the court, if of opinion that the evidence is 
 sufficient to put the said person upon his trial for the oftence, shall order 
 such person to be prosecuted on indictment or before a court of summary 
 jurisdiction, as the case may require, for the said oftence ; and in either 
 case may order him to be prosecuted before such court as may be named in 
 the order; and for all purposes preliminary and of and incidental to such 
 prosecution the oftence shall be deemed to have been committed within the 
 jurisdiction of the court so named.
 
 384 A7 &!" 4S Vict. c. 70. 
 
 Appendix. (6.) Upon such order being made, 
 
 {a.) if the accused person is present before the court, and the ofifence is 
 
 an indictable offence, the court shall commit him to take his trial, or 
 
 cause him to give bail to appear and take his trial for the said 
 
 offence ; and 
 
 (b.) if the accused person is present before the court, and the offence is 
 
 not an indictable offence, the court shall order him to be brought 
 
 before the court of summary jurisdiction before whom he is to be 
 
 prosecuted, or cause him to give bail to appear before that court ; and 
 
 {c.) if the accused person is not present before the court, the court shall 
 
 as circumstances require issue a summons for his attendance, or a 
 
 warrant to apprehend him and bring him before a court of summary 
 
 jurisdiction, and that court, if the offence is an indictable offence, 
 
 shall, on proof only of the summons or warrant and the identity of 
 
 the accused, commit him to take his trial, or cause him to give bail 
 
 to appear and take his trial for the said offence, or if the offence is 
 
 punishable on summary conviction, shall proceed to hear the case, 
 
 or if such court be not the court before whom he is directed to be 
 
 prosecuted shall order him to be brought before that court. 
 
 (7.) Any order or act of an election court under this section shall not be 
 
 45 & 46 Vict. subject to be discharged or varied under sub-section six of section ninety- 
 
 c- so. two of the Municipal Corporations Act, 1882. 
 
 (8.) The Director of public prosecutions may nominate, with the 
 approval of the Attorney-General, any barristers or solicitors of not less 
 than ten years' standing, one of whom shall, when required, act as the 
 representative for the purposes of this section of such Director, and when 
 so acting shall receive such remuneration as the Treasury may approve. 
 There shall be allowed to the Director and his assistant or representative, 
 for the purposes of this section, such allowance for expenses as the Treasury 
 may approve. 
 
 (9.) The costs incurred in defraying the expenses of the Director of 
 
 public prosecutions under this section (including the remuneration of his 
 
 representatives) shall, in the first instance, be paid by the Treasury, and so 
 
 far as they are not in the case of any prosecution paid by the defendant, 
 
 shall be deemed to be expenses of the election court, and shall be paid as 
 
 the expenses of that court are directed by section one hundred and one of 
 
 45 & 46 Vict. tlie Municipal Corporations Act, 1882, to be paid; but if for any 
 
 c. 50. reasonable cause it seems just to the court so to do, the court shall order 
 
 all or part of the said costs to be repaid to the Treasury by the parties to 
 
 the petition, or such of them as the court may direct. 
 
 Power to election 29. — (i.) Where upon the trial of a municipal election petition it appears 
 
 court to order to the election court that a corrupt practice has not been proved to have 
 
 payment by been committed in reference to the election by or with the knowledge and 
 
 vrduafof"col"s of consent of the respondent to the petition, and that such respondent took all 
 
 election petition, reasonable means to prevent corrupt practices being committed on his 
 
 behalf, the court may make one or more orders with respect to the payment 
 
 either of the whole or such part of the costs of the petition as the court may 
 
 think right as follows ; 
 
 (a.) if it appears to the court that corrupt practices extensively 
 prevailed in reference to the said election, the court may order the 
 whole or part of the costs to be paid by the borough : and 
 (b.) if it appears to the court that any person or persons is or are proved, 
 whether by providing money or otherwise, to have been extensively 
 engaged in corrupt practices, or to have encouraged or promoted 
 extensive corrupt practices in reference to such election, the court 
 may, after giving such person or persons an opportunity of being 
 heard by counsel or solicitor and of examining and cross-examining 
 witnesses to show cause why the order should not be made, order 
 the whole or part of the costs to be paid by that person, or those 
 persons or any of them, and may order that if the costs cannot be
 
 Micnicipal Elections {Corrupt Practices) Act, 1884. 385 
 
 recovered from one or more of such persons they shall be paid by Aim'kndix. 
 
 some otlier of such persons or by cither of the parties to the petition. 
 (2.) Where any person appears to the court to have been guilty of the 
 offence of a corrupt or illegal practice, the court may, after giving such 
 person an opiiortunity of making a statement to show why the order should 
 not be made, order the whole or any part of the costs of or incidental to 
 any proceeding before the court in relation to the said offence or to the said 
 person to be paid by the said person to such person or persons as the court 
 may direct. 
 
 (3.) The rules and regulations of the Supreme Court of Judicature with 
 respect to costs to be allowed in actions, causes, and matters in the High 
 Court shall in principle and so far as practicable apply to the costs of 
 petition and other proceedings under Part Four of the Municipal Corpora- 
 tions Act, 1882, and this Act, and the taxing officer shall not allow any costs, 45 & 46 Vict, 
 charges, or expenses on a higher scale than wouUl be allowed in any action, ^' ^°' 
 cause or matter in the High Court on the higher scale, as between solicitor 
 and client. 
 
 Miscdla7ieo7is. 
 
 30. Subject to the other provisions of this Act, the procedure for the General pro- 
 prosecution of a corrupt or illegal practice or any illegal payment, employ- vsions as to pro- 
 ment, or hiring committed in reference to a municipal election, and the oft^ence" under 
 removal of any incajiacity incurred by reason of a conviction or report this Act. 
 relating to any such oflence, and the duties of the Director of public 
 prosecutions in relation to any such offence, and all other proceedings in 
 
 relation thereto (including the grant to a witness of a certificate of 
 
 indemnity), shall be the same as if such offence had been committed in 
 
 reference to a parliamentary election ; and sections forty-five and forty-six 
 
 and sections fifty to fifty-seven (both inclusive), and sections fifty-nine and 
 
 sixty of the Corrupt and Illegal Practices Prevention Act, 1883, shall apply 46X47 Vict. 
 
 accordingly as if they were re-enacted in this Act with the necessary c- si- 
 
 modifications, and with the following additions : — 
 
 (rt.) Where the Director of public prosecutions considers that the 
 circumstances of any case require him to institute a prosecution before 
 any court other than an election court for any offence other than a 
 corrupt practice committed in reference to a municipal election in 
 any borough, he may, by himself or his assistant, institute such 
 prosecution before any court of summary jurisdiction in the county 
 in which the said borough is situate or to which it adjoins, and the 
 offence shall be deemed lor all purposes to have been committed 
 within the jurisdiction of such court ; and 
 (/'.) General rules for the purposes of Part Four of the Municipal 45 * 46 Vict. 
 Corporations Act, 1882, shall be made by the same authority as rules '^' ^°' 
 of court under the said sections ; and 
 (f.) The giving or refusal to give a certificate of indemnity to a witness s. 94 {j.) 
 by the election court shall be final and conclusive. 
 
 31. If any person, in consequence of conviction or of the report of an Person in ca- 
 election court under this Act, becomes not capable of being elected to or P?';'.'^'^'! by con- 
 
 • ■ ■ , TT r^ ri-iij.^ Ill- viction or report 
 
 Sitting in the House of Commons, or ot being elected to or holding any to vacate seat or 
 public or judicial office, and such person, at the date of the said convic- office, 
 tion or report, has been so elected or holds any such office, then his seat 
 or office, as the case may be, shall be vacated as from that date. 
 
 32. — (i.) Where any costs of a petition are, under an order of a muni- Paj'ment and 
 cipal election court, to be paid by a borough, such costs shall be paid out "'scovery of costs, 
 of the borough fund or borough rate. 
 
 (2.) Where any costs or other sums are, under the order of an election 
 court or otherwise under this Act, to be paid by any person, those costs shall 
 be a simple contract debt due from such person to the person or persons to 
 whom they are to be paid, and if payable to the Treasury shall be a debt 
 to Her Majesty, and in either case may be recovered accordingly. 
 
 2 C
 
 \S6 
 
 47 & 48 VicL c. 70. 
 
 Appendix. 
 
 Service of 
 notices. 
 
 Definitions. 
 
 45 & 46 Vict. 
 c. 50- 
 
 46 & 47 Vict. 
 c. 51. 
 
 33. Where any summons, notice, or document is required to be served 
 on any person with reference to any proceeding respecting a municipal 
 election in any borough or ward of a borough, whether for the purpose of 
 causing him to appear before the High Court or any election court, or 
 otherwise, or for the purpose of giving him an ojiportunity of making a 
 statement, or showing cause, or being heard by himself, before any such 
 court, for any purpose of this Act, such summons, notice, or document may 
 be served either by delivering the same to such person, or by leaving the 
 same at, or sending the same by post by a registered letter to, his last-known 
 place of abode in the said borough, or, if the proceeding is before any court, 
 in such other manner as the court may direct, and in proving such service 
 by post it shall be sufficient to prove that the letter was prepaid, properly 
 addressed, and registered with the post office. 
 
 34. In this Act expressions have the same meaning as in the Municipal 
 Corporations Act, 1S82, and in the Corrupt and Illegal Practices Prevention 
 Act, 1883; except that the words "borough," "election petition," 
 "election court," and "candidate," shall, unless the context otherwise 
 requires, have the meaning given by the Municipal Corporations Act, 18S2, 
 and not the meaning given by the Corrupt and Illegal Practices Prevention 
 Act, 1883 ; and except that "election " shall, unless the context otherwise 
 ref|uires, mean a municipal election. 
 
 For the purposes of this Act the number of electors shall be taken 
 according to the enumeration of the electors in the burgess roll. 
 
 Application of 
 this Act and 
 P.-irt IV. of 
 45 & 46 Vict. 
 c. 50 to other 
 elections. 
 
 Application of Act to other elections. 
 
 36. — (l.) Subject as herein-after mentioned, the provisions of this Act and 
 of Part Four of the Municipal Corporations Act, 1882, as amended by this 
 Act, shall extend to elections for the offices mentioned in the first column 
 of the First Schedule to this Act as if re-enacted herein and in terms made 
 applicable thereto, and petitions may be presented and tried, and offences 
 prosecuted and punished, and incapacities incurred in reference to each 
 such election accordingly. 
 
 Provided that in the application of the said provisions to any such 
 election : 
 
 [a.) The area, officer, and rate mentioned opposite to the office in the 
 second, third, and fourth columns of the said schedule, shall be 
 deemed to l)e substituted for the borough or ward, town clerk, and 
 borough fund or rale respectively. 
 ij).) The expression " corporate office " in the said provisions shall mean 
 an office mentioned in the said schedule, and in relation to the 
 election of a guardian of a union includes any such office in the 
 union, and "a municipal election" shall mean an election to such 
 office, and the expressions " municipal election court," " municipal 
 election list," and " municipal election petition " sliall be construed 
 accordingly, 
 (c.) No corrupt and illegal practices list shall be made for any such 
 
 election. 
 {d.) Vacancies created by the decision of an election court shall be filled 
 
 by a new election. 
 {e.) A petition relating to the election of a guartlian of a union may be 
 
 tried at any place within the union. 
 (/.) Nothing in the said provisions shall render it unlawful to hold a 
 meeting for the purpose of promoting or procuring the election of a 
 candidate to any office mentioned in the said schedule on any 
 licensed or other premises not situate in an urban sanitary district 
 or in the Metropolis ; 
 (jT.) Where the poll at any election to an office in the said schedule is 
 taken by means of voting papers, such of the said j^rovisions as 
 relate to personation, polling agents, disclosure of votes and con-
 
 Municipal Elections {Corrupt Practices) Act, 18S4. 387 
 
 veyancc of voters, sliall not ajiply ; but any offence in relation to Aim'f.ndix. 
 voting papers or to personation or to voting at such election which 
 is punishable on summary conviction (that is to say,) the offences 
 mentioned in section three of the Poor Law Amendment Act, 185 1, 14 & 15 Vict, 
 and in rule sixty-nine of Schedule Two to the Public Health Act, c- 105- 
 1875, shall, without iirejudice to the jHrnishment under such section ^ ' ^^ "" " 
 ami rule of a person guilty of such oflence, be deemed to be an 
 illegal i)ractice within the meaning of the said provisions. 
 (2.) The judges for the time being on the rota for the trial of parlia- 
 mentary election petitions, or any two of those judges, may annually 
 appoint as many barristers, not exceeding five, as they may think necessary 
 to be commissioners for the trial of election petitions under Part Four of 
 the Municipal Corporations Act, 1882, and this Kzi, and shall from time to 
 time assign the petitions (whether relating to a municipal election or to 
 any other election to which this Act extends) to be tried by each 
 commissioner. 
 
 37. The provisions of this Act which prohibit the payment of any sum, Exemption from 
 and the incurring of any expense by or on behalf of a candidate at an provisions as, to 
 election, on account of, or in respect of, the conduct or management of the expenses, 
 election, and those which relate to the time for sending in and paying 
 claims, and those which relate to the maximum amount of election expenses, 
 or the return or declaration respecting election expenses, shall not apply 
 to any of the elections mentioned in the First Schedule to this Act. 
 
 SCHEDULES 
 
 FIRST SCHEDULE. 
 
 Section 36. 
 
 Elections to which this Act extends. 
 In Eiisrla7td. 
 
 Office. 
 
 Area. 
 
 Officer. 
 
 Rate. 
 
 Member of local 
 
 Local Govern- 
 
 Clerk to the local 
 
 The general dis- 
 
 board, as de- 
 
 ment district 
 
 board, or per- 
 
 trict rate. 
 
 fined by the 
 
 or ward of 
 
 son perform- 
 
 
 Public Health 
 
 such district. 
 
 ing like duties. 
 
 
 Act, 1875. 
 
 
 
 
 Member of Im- 
 
 Improvement 
 
 Clerk to the Im- 
 
 The general dis- 
 
 prove meut 
 
 Act district or 
 
 provement 
 
 t r i c t rate or 
 
 Commissioners, 
 
 ward of such 
 
 commissioners, 
 
 other rate out 
 
 as defined by 
 
 district. 
 
 or person per- 
 
 of which the 
 
 the Public 
 
 
 forming like 
 
 expenses of the 
 
 Health Act, 
 
 
 duties. 
 
 I m p rovem e n t 
 
 1875- 
 
 
 
 Commissioners 
 are payable. 
 
 Guardian elected 
 
 Parish or ward 
 
 Clerk to the 
 
 The poor rate of 
 
 under the Poor 
 
 of a parish 
 
 guardians, or 
 
 the parish or 
 
 Law Amend- 
 
 or united 
 
 person per- 
 
 united parishes. 
 
 ment Act, 
 
 parishes. 
 
 forming like 
 
 
 1834. 
 
 
 duties. 
 
 
 Member of school 
 
 School district or 
 
 Returning ofticer 
 
 The school fund. 
 
 board. 
 
 division of the 
 
 of school 
 
 
 
 metropolis. 
 
 board. 
 
 
 2 C 2
 
 388 47 ^ 48 ^^^'-'i- ^- 70- 
 
 THIRD SCHEDULE. 
 
 Part I. 
 
 Enact?>ten/s defining Corrupt Practices. — Enactments defining the Offence 
 of Bribery. 
 
 The Corrupt Practices Prevention Act, 1854, 17 & 18 Vict. c. 102, 
 ss. 2 and 3. 
 
 Bribery defined. S. 2. The following persons shall be deemed guilty of bribery, and shall 
 be punishable accordingly :— 
 
 (I.) Every person who shall, directly or indirectly, by himself or by any 
 other person on his behalf, give, lend, or agree to give or lend, or 
 shall offer, promise, or promise to procure or 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 refraia from voting, or shall 
 corruptly do any such act as aforesaid on account of such voter 
 having voted or refrained from voting at any election. 
 
 (2.) Every person who shall, directly or indirectly, by himself or by any 
 other person on his behalf, give or procure, or agree to give or 
 procure, or offer, promise, or promise to procure or endeavour to 
 l^rocure, any of^ce, 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 shall corruptly do any such act as aforesaid, on account of any 
 voter having voted or refrained from voting at any election. 
 
 {3.) Every person who shall, direct)}' or indirectly, by himself or by any 
 other person on his behalf, make any such gift, loan, offer, promise, 
 procurement, or agreement 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, 
 
 (4.) Every person who shall, upon or in consequence of any such gift, 
 loan, offer, promise, jirocurement, or agreement, procure, or engage, 
 promise, or endeavour to procure the return of any person to serve 
 in Parliament, or the vote of any voter at any election. 
 
 (5.) Every person who shall advance or pay, or caused to be paid, any 
 money to or to the use of any other person with the intent that such 
 money, or any part thereof, shall be expended in bribery at any 
 election, or who sliall knowingly pay or cause 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 : Provided always, 
 that the aforesaid enactment shall not extend or be construed to 
 extend to any money paid or agreed to be paid for or on account of any 
 legal expenses bona fide incurred at or concerning any election. 
 Bribery further S. 3. The following persons shall also be deemed guilty of bribery, and 
 defined. shall l)e punishable accordingly : — 
 
 (I,) Every voter who shall, l)efore or during any election, directly or 
 indirectly, by himself or by any other person on his behalf, receive, 
 agree, or contract for any monev, gift, loan, or valuable considera- 
 tion, office, place, or employment, for himself or for any other 
 person, for voting or agreeing to vote, or from refraining or agreeing 
 to refrain from voting at any election. 
 
 (2.) Every person who shall, after any election, directly or indirectly, by 
 himself or l)y any otiier person on his jjchalf, receive any money or 
 valuable consideration on account of any ])erson having voted or 
 refrained from voting, or having induced any other person to vote 
 or refrain from voting at any election.
 
 Municipal Elections {^Corrupt Practices) Act, 1884. 389 
 
 The Representation of the People Aet, 1867, 30 & 31 Vict. c. I02, 
 s. 49. 
 
 3. 49. Any person, either directly or indirectly, corruptly paying any Ciimipt payment 
 ; on behalf of any ratepayer for the purpose of enabling him to be ° il','"!;^^bk as 
 
 S. 
 
 rate ... . - - y ,....„ 
 
 registered as a voter, thereby to influence his vote at the future election, bribery." 
 and any candidate or other pcr>on, either directly or indirectly, paying any 
 rate on behalf of any voter for the purpose of inducing him to vote or 
 refrain from voting, shall be guilty of bribery, and be punishable accord- 
 ingly ; and any person on wliose behalf anil with whose privity any such 
 payment as in this section is mentioned is maile, shall also be guilty of 
 bribery, and punishable accordingly. 
 
 Enactment defining the Offence of Personation. 
 
 The Ballot Act, 1872, 35 & 36 Vict. c. 33, s. 24. 
 
 S . 24. A person shall, for all purposes of the laws relating to parliamentary Personation 
 and municipal elections, be deemed to be guilty of the otfence of persona- defined, 
 tion 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. 
 
 Enactments defining the Offences of Treating and Undue Influence. 
 
 The Corrupt and Illegal Practices Prevention Act, 1883, 46 & 47 Vict, 
 c. 51, ss. I and 2. 
 
 S. I. Any person who corruptly by himself or by any other person What is treating. 
 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, entertainment, 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 refrained from voting, or being about 
 to vote or refrain from voting at such election, shall be guilty of treating. 
 
 And every elector who corruptly accepts or takes any such meat, drink, 
 entertainment, or provision, shall also be guilty of treating. 
 
 S. 2. Every person who shall directly or indirectly, by himself or by What is undue 
 any other person on his behalf, make use of or threaten to make use of '"'"^"'=*^- 
 any force, violence, or restraint, or inflict or threaten 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 shall by abduction, 
 duress, or any fraudulent device or contrivance impede or prevent the free 
 exercise of the franchise of any elector, or shall thereby compel, induce, 
 or prevail upon any elector either to give or to refrain from giving his vote 
 at any election, shall be guilty of undue influence. 
 
 Enactment defining the Offences of Bribery, Treating, Undue Influence, 
 and Personation. 
 
 The Municipal Corporations Act, 18S2, 45 & 46 Vict. c. 50, s. 77. 
 
 S. 77. "Bribery," "treating," "undue influence," and "personation" Definitions, 
 include respectively anything done before, at, after, or with respect to a
 
 390 
 
 47 ^4^ VicL c. 70. 
 
 Appendix. 
 
 municipal election, which, if done before, at, after, or with respect to a 
 parliamentary election, would make the person doing the same liable to 
 any penalty, punishment, or disqualification for bribery, treating, undue 
 influence, or personation, as the case may be, under any Act for the time 
 being in force with respect to parliamentary elections. 
 
 Part II. 
 
 Section 2- Enactiuoits relating to Disqualification of Elect ois. 
 
 The Corrupt and Illegal Practices Prevention Act, 1S83, 46 & 47 Vict, 
 c. 51, ss. 37 and 38. 
 
 Prohibition of 
 disqualified per- 
 sons from voting. 
 
 35 & 36 Vict. 
 c. 60. 
 
 45 & 46 Vict. 
 c. so. 
 
 Hearing of per 
 son before he is 
 
 incapacity of 
 person reported 
 guilty. 
 
 S. 37. 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, 1S82, or under any other Act for the 
 time being in force relating to corrupt practices at an election for any 
 public ofdce, 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. 
 
 S. 38. (i.) Before a person, not being a party to an election petition 
 nor a candidate on behalf of whom the seat is claimed by an election 
 corru'^t'^o^"i'H ^°[ P'^lition, is reported by an election court * * =>■ to have been guilty, at an 
 practi^e,°anV°^ election, of any corrupt or illegal practice, the court * * * shall cause 
 notice to be given to such person, and if he appears in pursuance of the 
 notice, shall give him an opportunity of being heard Ijy himself and of 
 calling evidence in his defence to show why he should not be so reported. 
 ****** 
 
 (5.) Every person who, after the commencement of this Act, is reported 
 by any election court * * * to have been guilty of any corrupt or illegal 
 practice at an election, shall, whether he obtained a certificate of indemnity 
 or not, be subject to the same incapacity as he would be subject to if he 
 had at the date of such election been convicted of the offence of whiclr 
 he is reported to have been guilty * * * 
 
 (6.) Where a person who is a justice of the peace is reported by any 
 election court * * * to have been guilty of any corrupt jiractice in 
 reference to an election, whether he has oljtained a certificate of indemnity 
 or not, it shall be the duty of the Director of public prosecutions to report 
 the case to the Lord High Chancellor of Great Britain, with such evidence 
 as may have been given of such corrupt practice, and where any such 
 person acts as a justice of the peace by virtue of his being or having been 
 mayor of a borough, the Lord High Chancellor shall have the same power 
 to remove such person from being a justice of the peace as if he was 
 named in a commission of the peace. 
 
 (7.) Where a person who is a barrister or a solicitor, or who belongs to 
 any profession the admission to which is regulated by law, is reported by 
 any election court * * * to have been guilty of any corrupt practice in 
 reference to an election, whether such person has obtained a certificate 
 of indemnity or not, it shall be the duty of the Director of public i^rosecu- 
 tions to bring the matter before the Inn of Court, High Court, or tribunal 
 having power to take cognizance of any misconduct of such person in his 
 profession, and such Inn of Court, High Court, or tribunal may deal with 
 such person in like manner as if such corrupt practice were misconduct by 
 such person in his profession. 
 
 (8.) With respect to a person holding a license or certificate under the
 
 JUicnicipal Elections {Corrupt Practices) Act, 18S4. 391 
 
 Licensing Acts (in this section referred to as a licensed person) the follow- Apprndijc. 
 
 ing provisions shall have ctfcct : — • 
 
 (a.) If it ajijiears to the court by which any licensed person is convicted 
 of the offence of bribery or treating that such offence was committed 
 on his licensed premises, the court shall direct such conviction to be 
 entered in the proper register of licenses : 
 (/■'.) If it appears to an election court * * * that a licensed person has 
 knowingly suffered any bribery or treating in reference to any 
 election to take place upon his licensed premises, such court * * * 
 (subject to the provisions of this Act as to a person having an 
 opportunity of being heard by himself and producing evidence 
 before being reporteil) shall rejiort the same ; and, whether such 
 person obtained a certificate of indemnity or not, it shall be the duty 
 of the Director of public prosecutions to bring such report before 
 the licensing justices from whom or on whose certificate the licensed 
 person obtained his license, and such licensing justices shall cause 
 such report to be entered in the proper register of licenses : 
 {c.) Where an entry is made in the register of licenses of any such con- 
 viction of or report respecting any licensed person as above in this 
 section mentioned, it shall be taken into consideration by the 
 licensing justices in determining whether they will or will not grant 
 to such person the renewal of his license or certificate, and may be a 
 ground, if the justices think fit, for refusing such renewal. 
 
 MEDICAL RELIEF DISQUALIFICATION REMOVAL 
 ACT, 1885. 
 
 48 & 49 Vict. c. 46. 
 
 An Act to f<reixiit Medical relief disqualifying a person from voting. 
 
 [6th August, 1885.] 
 
 2. — (i.) Where a person has in any part of the United Kingdom Medical relief not 
 received for himself, or for any member of his family, any medical or to disqualify, 
 surgical assistance, or any medicine at the expense of any poor rate, such 
 person shall not by reason thereof be deprived of any right to be registered 
 or to vote either — 
 
 [a.) as a parliamentary voter ; or 
 
 {b.) as a voter at any municipal election ; or 
 
 {c.) as a burgess ; or 
 
 {d.) as a voter at any electioii to an office under the provisions of any 
 statute ; 
 but nothing in this section shall apply to the election — 
 
 (a.) of any gttardian of the poor ; or 
 
 (/'.) of any member of any parochial board in Scotland ; or 
 
 {c.) of any other body acting in the distribution of relief to the poor from 
 the poor rate. 
 
 (2.) Every person shall be qualified to be registered as a voter and to 
 vote as aforesaid who would be so qualified if the provisions of this Act 
 had come into force on the fifteenth day of July one thousand eight 
 hundred and eighty-four. 
 
 4. The term "medical or surgical assistance" in this Act shall include Definition of 
 all medical and surgical attendance, and all matters and things supplied by medical and_ 
 or on the recommendation of the medical officer having authority to give ^'■"■§"^^' assist- 
 such attendance and recommendation at the expense of any poor rate.
 
 392 
 
 50 cT" 51 Vict. c. g. 
 
 Constable on 
 duty to be 
 entitled to vote 
 at any polling 
 station. 
 
 35 & 36 Vict. 
 c. 33- 
 
 50 & 51 VlCT. C. 9. 
 
 An Act to remove the Disabilities of the Police to vote at Parliamentary 
 Electio7is. [23rd May, 1887.] 
 
 Whereas it is inexpedient tliat any person otherwise entitled to be registered 
 as a voter should be incajiacitated to vote at parliamentary elections by 
 reason of his being employed in or in connection with the police : Be it 
 therefore enacted, etc. * * * 
 
 2. Where a constable is or is likely to be, on the day of any election, 
 sent or employed in the discharge of his duty so as to prevent him voting 
 at the polling booth or station at which he would otherwise be entitled by 
 law to vote, the following enactments shall have effect : — 
 
 (i.) Such constable may, at any time within seven days before the 
 election apply to the chief constable for a certificate, and the chief con- 
 stable shall thereupon give a certificate under his hand, stating the name of 
 the constable, his number in the police force, his number and description 
 on the register of voters, and the fact that he is so sent or employed ; 
 
 (2.) The presiding officer at any polling booth or station shall, on pro- 
 duction by such constable of the said certificate, allow him to vote at that 
 booth or station, and shall forthwith cancel the said certificate, and deal 
 with the same in like manner as the counterfoils of voting papers are 
 directed by law to be dealt with ; 
 
 (3.) No such constable shall, under this section, be entitled to vote at any 
 election, at which he would not, but for this section, be entitled to vote, nor 
 vote more than once in any election, and if he so votes, or attempts to 
 vote, he shall be subject to all the penalties imposed by law on a person 
 personating or attempting to personate a voter at such election ; 
 
 (4.) In this section, — 
 
 {a.) " Constable " includes any person belonging to a police force ; 
 
 {b.) " Chief Constable " includes an assistant chief constable, a commis- 
 sioner or assistant commis.-ioner of police, a head constable, and any 
 other person for the time being in command of a police force, or acting 
 in that capacity ; 
 
 (c.) " Register of voters " has the same meaning as in the Ballot Act, 
 1872. 
 
 COUNTY ELECTORS ACT, 
 51 & 52 Vict. c. 10. 
 
 1888. 
 
 An Act to provide for the Qiialif cation and Registration of Electors for the 
 pju'pose of Local Government in England and Wales. 
 
 [1 6th May, 1888.] 
 
 Extension of 2. — (i.) For the purpose of the election of county authorities in 
 
 burgess franchise Ei^gland, the bufgess qualification, that is to say, the qualification enacted 
 electors'outside by section nine of the Municipal Corporations Act, 1882, shall extend to 
 municipal every part of a county not within the limits of a borough, and a person 
 
 boroughs. possessing in any part of a county outside the limits of a borough such 
 
 45 & 46 Vict. burgess qualification, shall be entitled to be registered under this Act as a 
 c- 50. county elector in the parish in which the ()ualifying property is situate. 
 
 (2.) Sections nine, thirty-one, thirty-three, and sixty-three of the 
 Municipal Corporations Act, 1882, and any enactments of that or any other 
 Act affecting the same, shall extend to so much of every county as is not 
 comprised within the limits of a municipal borough in like manner as if 
 they were herein re-enacted, with the substitution of "county" for 
 " borough " and of " county elector " for *' burgess," and with the other 
 necessary modifications.
 
 Local Goveniinent Act, i8S8. 393 
 
 LOCAL GOVERNMENT (ENGLAND AND WALES) Ai-i-endix. 
 
 ACT, 1888. 
 
 51 & 52 Vict. c. 41. 
 
 An Act to amend the Laws relating to Local Governmetit in England 
 and Wales, and for other purposes connected thereivith. 
 
 [13th August, 1888.] 
 
 Part I. 
 
 County Councils, 
 
 Constitution of County Council. 
 
 2. — (i.) The council of a county and the members thereof shall be Compositicm and 
 coH'.tituted and elected and conduct their proceedings in like manner, and ^|^'^'^"^'!"^°[j 
 be in the like position in all respects, as the council of a borough p^^i^i^j^ ^^ ^hair- 
 divided into wards, subject nevertheless to the provisions of this Act, and man. 
 in particular to the following provisions, that is to say : — 
 (2.) As respects the alderman or councillors — 
 (rt.) clerks in holy orders and other ministers of religion shall not be 
 
 disqualified for being elected and being aldemian or councillors ; 
 (/;.) a person shall be qualified to be an alderman or councillor who, 
 
 though not qualified in manner provided by the Municipal Corpora- 45 & 46 Vict, 
 tions Act, 1882, as applied by this Act, is a peer owning property <=• 5°- 
 in the county, or is registered as a parliamentary voter in respect 
 of the ownership of property of whatsoever tenure situate in the 
 county ; 
 (<r.) the alderman shall be called county aldermen, and the councillors 
 shall be called county councillors ; and a county alderman shall not, 
 as such, vote in the election of a county alderman ; 
 ((/.) the county councillors shall be elected for a term of three years, 
 and shall then retire together, and their places shall be filled by a 
 new election ; and 
 [e.) the divisions of the county for the purpose of the election of county 
 councillors shall be called electoral divisions and not wards, and 
 one county councillor only shall be elected for each electoral 
 division : 
 (3.) As respects the number of the county councillors, and the boundaries 
 of the electoral divisions in every county — 
 
 (fl.) the number of the county councillors, and their apportionment 
 
 between each of the boroughs which have sufficient population to 
 
 return one councillor and the rest of the county, shall be such as the 
 
 Local Government Board may determine ; and 
 
 (b.) any borough returning one councillor only shall be an electoral 
 
 division ; and 
 (c.) in the rest of the county the electoral divisions shall be such as in 
 the case of a borough returning more than one councillor the 
 council of the borough, and in the rest of the county the quarter 
 sessions for the county, may determine, subject in either case to the 
 directions enacted by this Act ; and in the case of elections after 
 the first, to any alterations made, in accordance with the said direc- 
 tions, in manner in this Act mentioned : 
 (4.) As respects the electors of the county councillors — 
 the persons entitled to vote at their election shall be, in a borough, the 
 
 burgesses enrolled in pursuance of the Municipal Corporations Act, ;J5:^'' "' 
 1882, and the Acts amending the same, and elsewhere the persons ^' ^°' ^ ^..^^ 
 registered as county electors under the County Electors Act, 5^ ^^ ^2 
 1888: 
 (5.) As respects the chairman of the county council —
 
 394 51 ^ 52 Vkf. c. 41. 
 
 Ai'i'ENDix. (rt.) he .shall be called chairman instead of mayor ; and 
 
 {b.) he shall, by virtue of his office, be a justice of the i:)eace for the 
 county ; but before acting as such justice he shall, if he has not 
 already done so, take the oaths required by law to be taken by a 
 justice of the peace other than the oath respecting the qualification 
 by estate. 
 
 Part III. 
 
 Boundaries. 
 
 Future altera- 57. — (i.) Whenever a county council is satisfied that a. pri/jtd facie case 
 
 tion of county is made out as respects any county district not a borough, or as respects 
 parishes and ^'^Y Parish, for a proposal for all or any of the following things ; that is to 
 
 wards and future say — 
 
 establishment of (rt_) the alteration or definition of the boundary thereof; 
 urban districts. j^, j ^j-^^, division thereof or the union thereof with any other such district 
 
 or districts, parish or parishes, or the transfer of part of a parish to 
 another parish ; 
 [c.) the conversion of any such district or part thereof, if it is a rural 
 district, into an urban district, and if it is an urban district, into a 
 rural district, or the transfer of the whole or any part of any such 
 district from one district to another, and the formation of new urban 
 ^ or rural districts ; 
 
 ((/.) the division of an urban district into wards ; and 
 (c.) the alteration of the number of wards, or of the boundaries of any 
 ward, or of the number of members of any district council, or of the 
 apportionment of such members among the wards, 
 the county council may cause such inquiry to be made in the locality, and 
 such notice to be given, both in the locality, and to the Local Government 
 Board, Education Department, or other Government department as may 
 be prescribed, and such other inquiry and notices (if any) as they think fit, 
 and if satisfied that such proposal is desirable, may make an order for the 
 same accordingly. 
 
 (2.) Notice of the provisions of the order shall be given, and copies 
 thereof shall be supplied in the prescribed manner, and otherwise as the 
 county council think fit, and if it relates to the division of a district into 
 wards, or the alteration of the number of wards or of the boundaries of a 
 ward, or of the number of the members of a district council, or of the 
 apportionment of the members among the wards, shall come into operation 
 upon being finally approved by the county council. 
 
 (3.) In any other case the order shall be submitted to the Local Govern- 
 ment Board ; and if within three months after such notice of the provisions 
 of the order as the Local Government Board determine to be the first 
 notice, the council of any district affected by the order, or any number of 
 county electors registered in that district, or in any ward of that district, 
 not being less than one-sixth ofthe total number of electors in that district 
 or ward, or if the order relates only to a parish, any number of county 
 electors registered in that parish, not being less than one-sixth of the total 
 numlier of electors in that parish, petition the Local Government Board to 
 disallow the order, the Local Government Board shall cause to be made a 
 local in(|uiry, and determine whether the order is to be confirmed or not. 
 
 (4.) If any such petition is not presented, or being presented is with- 
 drawn, the Local Government Board shall confirm the order. 
 
 (5.) The Local Government Board, on confirming an order, may make 
 such modifications therein as they consider necessary for carrying into 
 effect the objects of the order. 
 
 (6.) An order under this section, when confirmed by the Local Govern- 
 ment Board, shall be forthwith laid upon the table of both Houses of 
 Parliament, if Parliament be then sitting, and, if not, forthwith after the 
 then next meetinc; of Parliament.
 
 Local Govcniuicnt Act, 1888. 39$ 
 
 (7.) This section shall be in addition to, ami not in derogation of, any Aithndix. 
 ])o\ver of tlie Local ( '.overnment Board in respect of the union or division 
 or alteration of parishes. 
 
 Part V. 
 
 SUl'PLKMKNTAI,. 
 
 Application of Acts. 
 
 75. For the purpose of the provisions of this Act with respect to county Application of 
 councils, and to the chairmen, members, committees, and officers of such 45 & 46 Vict, 
 councils, and otherwise for the purpose of carrying this Act into effect, the co^°(,\isTnd this 
 following portions of the Municipal Corporations Act, 1882, namely, Part Act, 47 & 48 
 Two, Part Three, Part Ft)ur (as amended by the Municipal Elections Vict. c. 70. 
 (Corrupt Practices) Act, 1884), section one hundred and twenty-four in 
 Part Five, Part Twelve, Part Thirteen, the Second Schedule, Part Two and 
 Part Three of the Third Schedule, and Part One of the Eighth Schedule 
 shall, so far as the same are unrepealed and are consistent with the provi- 
 sions of this Act, apply as if they were herein re-enacted with enactments 
 amending the same in such terms and with such modifications as are 
 necessary to make them applicable to the said council and their 
 chairmen, members, comihittees, and officers, and to the other provisions 
 of this Act. 
 
 Definitions. 
 
 100. In this Act, if not inconsistent with the context, the following Interpretation of 
 terms have the meanings hereinafter respectively assigned to them ; that ^^Jl''^^^"^'''""^ '" 
 is to say : — 
 
 The expression "county" does not include a county of a city or county 
 
 of a town : 
 The expression "entire county" means, in the case of a county divided 
 
 into administrative counties, the whole of the county formed by those 
 
 administrative counties : 
 The expression "division of a county," in the provisions of this Act 
 
 respecting the property of quarter sessions, includes any hundred, 
 
 lathe, wapentake, or other like division : 
 The expression "administrative county" means the area for which a 
 
 county council is elected in pursuance of this Act, but does not (except 
 
 where expressly mentioned) include a county borough : 
 The expression " metropolis " means the city of London and the parishes 18 & 19 Vict. 
 
 and places mentioned in Schedules A, B, and C to the Metropolis =• ^^°- 
 
 Management Act, 1855, as amended by subsequent Acts : 
 The expression " borough " means any place for the time being subject 
 
 to the Municipal Corporations Act, 1882, and any reference to the 45 & 46 "Vict. 
 
 mayor, aldermen, and burgesses of a borough shall include a reference '^^ ^"■ 
 
 to the mayor, aldermen, and citizens of a city : * * * 
 The expression " parish " means a place for which a separate overseer 
 
 is or can be appointed, and where part of a parish is situate \yithin, 
 
 and part of it without, any county, borough, urban sanitary district, 
 
 or other area, means each such part : 
 The expressions " parliamentary couniy," and " parliamentary election," 
 
 and "parliamentary voters," have the same meaning as in the Regis- 48^^ 49 vict. 
 
 tration Act, 1885, and the Acts therein referred to : * * *_ _ ' ^' 
 
 The expression " existing " means existing at the tinie specified in the 
 
 enactment in which the expression is used, and if no such time is 
 
 expressed, then at the day appointed to be for the purpose of such 
 
 enactment the appointed day : * =f * 
 The expression "person" includes anybody of persons, whether cor- 
 porate or unincorporate : * * * 
 The expression" property " includes all property, real and personal, and
 
 596 
 
 51 6* 52 Vict. c. 41. 
 
 Appendix. all estates, interests, easements, and riglits, whether equitable or legal, 
 
 in, to, and out of property real and personal, including things in 
 
 action, and registers, books, and documents ; and when used in 
 relation to any quarter sessions, clerk of the peace, justices, board, 
 sanitary authority, or other authority, includes any property which 
 on the appointed day belongs to, or is vested in, or held in trust for, 
 or would but for this Act have, on or after that day, belonged to, or 
 been vested in, or held in trust for, such quarter sessions, clerk of 
 ' the peace, justices, board, sanitary authority, or other authority ; and 
 
 the expression " property " shall further include, in the case of the 
 county of Chester, any surplus revenue of the River Weaver Trust, 
 which is or would but for this Act be payable to the quarter 
 sessions : * * * 
 The expression "expenses" includes cost and charges : 
 The expression "costs" includes charges and expenses ; * * * 
 The expression " office " includes any place, situation, or employment, 
 and the expression " officer " shall be construed accordingly : * * * 
 
 Corruption in 
 office a misde- 
 meanour. 
 
 Penalty fur 
 offences. 
 
 52 & 53 Vict, c. 69. 
 
 An Act for the more effectual Pre-'ention. and Punishment of Bribery and 
 Corrupfuni of and by Members, Officers, or Servants of Corporations, 
 Councils, Boards, Commissioners, or other Public Bodies. 
 
 [30th August, 1S89.] 
 
 1. — (i.) Every person who shall by himself or by or in conjunction with 
 any other person, corruptly solicit or receive, or agree to receive, for 
 himself, or for any other person, any gift, loan, fee, reward, or advantage 
 whatever as an inducement to, or reward for, or otherwise on account of 
 any member, officer, or servant of a public body as in this Act defined, 
 doing or forbearing to do anything in respect of any matter or transaction 
 whatsoever, actual or proposed, in which the said public body is concerned, 
 shall be guilty of a misdemeanour. 
 
 (2.) Every person who shall by himself or by or in conjunction with 
 any other person corruptly give, promise, or offer any gift, loan, fee, 
 reward, or advantage whatsoever to any person, whether for the benefit 
 of that person or of another person, as an inducement to or reward for or 
 otherwise on account of any member, officer, or servant of any public body 
 as in this Act defined, doing or forbearing to do anything in respect of any 
 matter or transaction whatsoever, actual or proposed, in which such public 
 body as aforesaid is concerned, shall be guilty of a misdemeanour. 
 
 2. Any person on conviction . for offending as aforesaid shall, at the 
 discretion of the court before which he is convicted, * * * 
 
 ((/) In the event of a second conviction for a like offence he shall, in 
 addition to the foregoing penalties, be liable to be adjudged to be 
 for ever incapable of holding any public office, and to be incapable 
 for seven years of being registered as an elector, or voting at an 
 election either of members to serve in Parliament or of members of 
 any public body, and the enactments for preventing the voting and 
 registration of persons declared by reason of corrupt practices to be 
 incapable of voting shall apply to a person adjudged in pursuance of 
 this section to be incapable of voting. * * * 
 7. In this Act— 
 
 The expression "public body" means any council of a county or county 
 of a city or town, any council of a municipal borough * * * or other 
 body which has power to act under and fur the purposes of any Act 
 relating to local government * * *
 
 Infcctiotts Disease {Notificatioii) Act, 1889. 397 
 
 52 c<c 53 Vict. C. 72. Appendix. 
 
 An Act to provide for the Notification of Infections Disease to Local 
 Authorities. [30th August, 1889.] 
 
 11. A payment made to any medical practitioner in pursuance of this Non-disqualifica- 
 Act shall not disqualify that practitioner for serving as member of the '■"" of medical 
 council of any county or borough, or as member of a sanitary authority, or ^ff^" ^ rccLip 
 as guardian of a union, or in any municipal or parochial office. * * * 
 
 53 & 54 Vict. c. 21. 
 
 An Act to consolidate certain Enactments relating to the Regulation of the 
 Inland Rrvenne. [25th July, 1890.] 
 
 Commissioners and Officers. 
 
 8. No commissioner, collector, officer, or person employed under the Privileges of 
 authority of the commissioners in relation to inland revenue, shall be com- comnmsioner 
 pelled to serve as a mayor or sheriff or in any corporate or parochial or ' 
 other public office or employment. * * * 
 
 56 & 57 Vict. c. 6. 
 
 An Act to remove Disabilities of Policemen with regard to their Vote in 
 Municipal School Board, and other Elections. [12th May, 1893.] 
 
 Whereas it is expedient that the Police Disabilities Removal Act, 1887, 
 whereby the disabilities of persons employed in or in connection with the 
 police to vote at parliamentary elections were removed, should be extended 
 to municipal and other similar elections : Be it therefore enacted, etc. 
 
 1. The enactments mentioned in the schedule to this Act, which dis- Repeal, 
 qualify the police for voting at municipal and other elections, are hereby 
 lepealed to the extent mentioned in the third column of the said schedule. 
 
 2. The provisions of section two of the Police Disabilities Removal Act, Facilities for 
 1887, shall apply to all municipal and other elections as well as parlia- P°''!"S ""der 
 mentary elections, subject to the modification that the words "register of ^°„^ >, ^2, to' 
 voters " shall mean the register of voters in force for such municipal or apply to all 
 other elections. elections. 
 
 SCHEDULE. 
 
 Session and Chapter. 
 
 19 & 20 Vict. C. 69. 
 
 Short Title. 
 
 Extent of Repeal. 
 
 22 & 23 Vict. c. 32. 
 
 The County and Borough 
 Police Act, 1856. 
 
 The County and Borough 
 Police Act, 1859. 
 
 Section nine, the words " be 
 capable of giving his vote 
 for the election of any 
 person to any municipal 
 office in such borough ; " 
 and also the words "nor 
 shall any such constable." 
 
 Section three, the words "be 
 capable of giving his vute 
 for the election of any 
 person to any municipal 
 office in any borough with- 
 in such county or in any 
 other borough in which 
 such constable has autho- 
 rity, nor shall any such 
 constable."
 
 ^ 
 
 gS 
 
 S6 & S7 V^cL c. r> 
 
 Al'PENDIX 
 
 Parish meetiiij 
 
 56 & 57 Vict. c. 73. 
 
 An Act lo make further provision for Local Gover)ii)ieut in Eiii^land 
 and Wales. [5th March, 1894.] 
 
 Part I. 
 
 Partsh Meetings and Parish Councils. 
 
 Constitution of Parish Meetings ami Parish Councils. 
 
 2. — (i.) The parish meeting for a rural jaarish shall consist of the 
 following persons, in this Act referred to as parochial electors, and no 
 others, namel)', the persons registered in such portion either of the local 
 government register of electors or of the parliamentary register of electors 
 as relates to the parish. 
 
 Election and. 
 qualification of 
 euardians. 
 
 Part II. 
 
 Guardians and District Councils. 
 
 20. As from the appointed day the following provisions shall apply to 
 boards of guardians : — 
 
 (i.) There shall be no ex-offlcio or nominated guardians : 
 (2 ) A person shall not be qualified to be elected or to be a guardian for 
 a poor law union unless he is a parochial elector of some parish within the 
 union, or has during the whole of the twelve months preceding the election 
 resided in the union, or in the case of a guardian for a parish wholly or 
 partly situate within the area of a borough, whether a county borough or 
 not, is qualified to be elected a councillor for that borough, and no person 
 shall he disqualified by sex or marriage for being elected or being a 
 guardian. So much of any enactment, whether in a public general or 
 local and personal Act, as relates to the qualification of a guardian shall 
 be repealed : 
 
 (3.) The parochial electors of a parish shall be the electors of the 
 guardians for the parish, and, if the parish is divided into wards for the 
 election of guardians, the electors of the guardians for each ward shall be 
 such of the parochial electors as are registered in respect of qualifications 
 within the ward : 
 
 (4.) Each elector may give one vote and no more for each of any number 
 of persons not exceeding the munber to be elected : 
 
 (5.) The election shall, subject to the provisions of this Act, be conducted 
 according to rules framed under this Act by the Local Government Board : 
 (6.) The term of office of a guardian shall be three years, and one-third, 
 as nearly as may be, of every board of guardians shall go out of office on 
 the fifteenth day of April in each year, and their places shall be filled by 
 the newly elected guardians. Provided as follows : — 
 
 (rt.): Where the county council on the application of the board of 
 guardians of any union in their county consider that it would be 
 expedient to provide for the simultaneous retirement of the whole of 
 the board of guardians for the union, they may direct that the 
 members of the board of guardians for that union shall retire 
 together on the fifteenth day of April in every third year, and such 
 order shall have full effect, and where a union is in more than one 
 county, an order may be made by a joint committee of the councils 
 of those counties ; 
 {fi.) Where at the passing of this Act the whole of the guardians of any 
 union, in pursuance of an order of the Local Government Board, 
 retire together at the end of every third year, they shall continue so 
 to retire, unless the county council, or a joint committee of the
 
 Local Government Act, 1894. 399 
 
 county councils, on the aiiiilication of the board of guardians or of Appendix. 
 
 any district council of a district wliully or partially within the union, "— 
 
 otherwise direct : 
 (7.) A board of guardians may elect a chairman or vice-chairman, or 
 both, and not more than two other persons, from outside their own body, 
 but from persons qualified to be guardians of the union, and any i)erson 
 so elected shall be an additional guardian and member of the board. 
 Provided that on the first election, if a sufficient number of persons who 
 have been ex-officio or nominated guardians of the union, and have actually 
 served as such, are willing to serve, the additional members shall be elected 
 from among those persons. 
 
 21. As from the appointed day,— Names of county 
 (I.) Urban sanitary authorities shall be called urban district councils, ^isJrict rouncik 
 
 and their districts shall be called urban districts ; but nothing in this 
 section shall alter the style or title of the corporation or council of a 
 borough : 
 
 (2.) For every rural sanitary district there shall be a rural district council 
 M'hose district shall be called a rural district : 
 
 (3.) In this and every other Act of Parliament, unless the context 
 otherwise requires, the expression "district council" shall include the 
 council of every urban district, whether a borough or not, and of every 
 rural district, and the expression " county district " shall include every 
 urban and rural district whether a borough or not. 
 
 22. The chairman of a district council unless a woman or personally Chairman of 
 disqualified by any Act shall be by virtue of his ofiice justice of the peace council to be 
 for the county in which the district is situate, but before acting as such J"^""- 
 justice he shall, if he has not already done so, take the oaths required by 
 
 law to be taken by a justice of the peace other than the oath respecting 
 the qualification by estate. 
 
 23. As from the appointed day, where an urban district is not a Constitution of 
 ,1 district councils 
 borough— r y . in urban districts 
 
 (i.) There shall be no ex-ofticio or nominated members of the urban not being 
 sanitary authority : boroughs. 
 
 (2.) A person shall not be (jualified to be elected or to be a councillor 
 unless he is a parochial elector of some parish within the district, or has 
 during the whole of the twelve months preceding the election resided in the 
 district, and no person shall be disqualified by sex or marriage for being 
 elected or being a councillor. So much of any enactment whether in a 
 public general or local and personal Act as relates to the qualification of a 
 member of an urban sanitary authority shall be repealed : 
 
 {3.) The parochial electors of the parishes in the district shall be the 
 electors of the councillors of the district, and, if the district is divided into 
 \vards, the electors of the councillors for each ward shall be such of the 
 parochial electors as are registered in respect of qualifications within the 
 ward : 
 
 (4.) Each elector may give one vote and no more for each of any number 
 of persons not exceeding the number to be elected : 
 
 (5.) The election shall, subject to the provisions of this Act, be con- 
 ducted according to rules framed under this Act by the Local Government 
 Board : 
 
 (6.) The term of office of a councillor shall be three years, and one-third, 
 as nearly as may be, of the council, and if the district is divided into wards 
 one-third, as nearly as may be, of the councillors for each ward, shall go 
 out of office on the fifteenth day of April in each year, and their places 
 shall be filled by the newly elected councillors. Provided that a county 
 council may on request made by a resolution of an urban district council, 
 passed by two-thirds of the members voting on the resolution, direct that 
 the members of such council shall retire together on the fifteenth day of April 
 in every third year, and such order shall have full effect. 
 
 24. — (i.) The district council of every rural district shall consist of a Rural district 
 
 councils.
 
 400 
 
 56 cS- 57 Vict. c. 7z. 
 
 38 & 39 Vict. 
 c. 55- 
 
 Guardians in 
 London and 
 
 county 
 boroughs. 
 
 Restrictions on 
 applicaticjn of 
 Act to London, 
 &c. 
 
 chairman and councillors, and the councillors shall be elected by the 
 parishes or other areas for the election of guardians in the district. 
 
 (2.) The number of councillors for each parish or other area in a rural 
 district shall be the same as the number of guardians for that parish or area. 
 
 (3.) The district councillors for any parish or other area in a rural 
 district shall be the representatives of that parish or area on the board of 
 guardians, and when acting in that capacity shall be deemed to be 
 guardians of the poor, and guardians as such shall not be elected for that 
 parish or area. 
 
 (4.) The provisions of this Act with respect to the qualification, election, 
 and term of office and retirement of guaidians, and to the qualification of 
 the chairman of the board of guardians, shall apply to district councillors 
 and to the chairman of the district council of a rural district, and any 
 person qualified to be a guardian for a union comprising the district shall 
 be qualified to be a district councillor for the district. 
 
 (5.) Where a rural sanitary district is on the appointed day situate in 
 more than one administrative county, such portion thereof as is situate in 
 each administrative couiity shall, save as otherwise provided by or in 
 pursuance of this or any other Act, be as from the appointed day a rural 
 district ; 
 
 Provided that where the number of councillors of any such district will 
 be less than five, the provisions, so far as unrepealed, of section nine of the 
 Public Health Act, 1S75, with respect to the nomination of persons to 
 make up the members of a rural authority to five, shall apply, unless the 
 Local Government Board by order direct that the affairs of the district 
 shall be temporarily administered by the district council of an adjoining 
 district in another county with which it was united before the appointed 
 day, and, if they so direct, tVe councillors of the district shall be entitled, 
 so far as regards those affairs, to sit and act as members of that district 
 council, but a separate account shall be kept of receipts and expenses in 
 respect of the district, and the same shall be credited or charged separately 
 to the district. 
 
 (6.) The said provisions of section nine of the Public Health Act, 1875, 
 shall apply to the district council of a rural district to which they apply at 
 the passing of this Act. 
 
 (7.) Every district council for a rural district shall be a body corporate 
 by the name of the district council, with the addition of the name of the 
 district, or if there is any doubt as to the latter name, of such name as the 
 county council direct, and shall have perpetual succession and a common 
 seal, and may hold land for the purposes of their powers and duties without 
 licence in mortmain. 
 
 30. The provisions of this Part of this Act respecting guardians shall 
 apply to the administrative county of London and to every county 
 borough, 
 
 35. Save as specially provided- by this Act, this Part of this Act shall 
 not apply to the administrative county of London or to a county borough. 
 
 Part II L 
 
 Areas and Boundaries. 
 
 Duties and 36. — (l.) For the purpose of carrying this Act into effect in the case 
 
 powers of county of — 
 
 council with (^_^ every parish and rural sanitary district which at the passing of this 
 
 amfboundai'iet! ^'^^^ ^^ situate partly within and partly without an administrative 
 
 county ; and 
 (/\) every jiarish which at the passing of this Act is situate j^artly within 
 
 and partly without a sanitary district ; and 
 (f.) every rural parish which has a population of less than l\\o luuulred ; 
 and
 
 Local Government Act, 1894, 401 
 
 {d.) every rural sanitary district which at the passing of tliis Act has Appendix. 
 less than five elective guardians capable of acting and voting as 
 members of the rural sanitary authority of the district ; and 
 {c.) every rural ]iarish which is co-extensive with a rural sanitary district ; 
 every county council shall forthwith take into consideration every such 
 case within their county, and whether any proposal has or has not been 
 made as mentioned in section fifty-seven of the Local Government Act, S' '^ 52 Vict. 
 1888, shall as soon as practical)le, in accordance with that section, cause '^- '*'■ 
 inquiries to be made and notices given, and make such orders, if any, as 
 they deem most suitable for carrying into effect this Act in accordance 
 with the following provisions, namely : — 
 
 (i.) the whole of each parish, and, unless the county council for special 
 reasons otherwise direct, tlie whole of each rural district shall be 
 within the same administrative county ; 
 (ii.) the whole of each parish shall, unless the county council for special 
 
 reasons otherwise direct, be within the same county district ; and 
 (iii.) every rural district which will have less than five elected councillors 
 shall, unless for special reasons the county council otherwise direct, 
 be united to some neighbouring district or districts. 
 (4.) Where a rural parish is co-extensive with a rural sanitary district, then, 
 until the district is united to some other district or districts, and unless the 
 county council otherwise direct, a separate election of a parish council 
 shall not be held for the parish, but the district council shall, in addition to 
 their own powers, have the powers of, and be deemed to be, the parish 
 council. 
 
 Part IV. 
 
 Supplemental. 
 
 Parish ALvtings and Elections. 
 
 43. For the purposes of this Act a woman shall not be disqualified by Removal of 
 marriage for being on any local government register of electors, or for disqualification 
 being an elector of any local authority, provided that a husband and wife women"^ 
 shall not both be qualified in respect of the same property. 
 
 44. — (i.) The local government register of electors and the parliamentary Register of 
 register of electors, so far as they relate to a parish, shall, together, form parochial 
 the register of the parochial electors of the parish ; and any person whose '^'ectors. 
 name is not in that register shall not be entitled to attend a meeting or 
 vote as a parochial elector, and any person whose name is in that register 
 shall be entitled to attend a meeting and vote as a parochial elector unless 
 prohibited from voting by this or any other Act of Parliament. 
 
 (2.) Where the parish is in a parliamentary l)orough, such portion of 
 the parliamentary register of electors for the county as contains the names 
 of persons registered in respect of the ownership of any property in the 
 parish shall be deemed to form part of the parliamentary register of 
 electors for the parish within the meaning of this section. 
 
 (3.) The lists and register of electors in any parish shall be framed in 
 parts for wards of urban districts and parishes in such manner that they 
 may be conveniently used as lists for polling at elections for any such 
 wards. 
 
 (4.) Nothing in any Act shall prevent a person, if duly qualified, from 
 being registered in more than one register of parochial electors. 
 
 (5.) Where in that portion of the parliamentary register of electors which 
 relates to a parish a person is entered to vote in a polling district other 
 than the district comprising the parish, such person shall be entitled to 
 vote as a parochial elector for that parish, and in addition to an asterisk 
 there shall be placed against his name a number consecutive with the other 
 numbers in the list. 
 
 2 D
 
 402 5^ ^ 57 Vict. c. JT). 
 
 Appendix. (6,) Where the revising barrister in any list of voters for a parish 
 
 \\ould — 
 SI Vict. c. lo. (rt.) In pursuance of section seven of the County Electors Act, i888, place 
 
 an asterisk or other mark against the name of any person ; or 
 (/'.) In pursuance of section four of the Registration Act, 1885, erase the 
 name of any person otherwise than by reason of that name appearing 
 more than once in the lists for the same parish ; or 
 41 & 42 Vict. [c.) In pursuance of section twenty-eight of the Parliamentary and 
 
 c- 26. Municipal Registration Act, 1878, as amended by section five of the 
 
 c.^^^ '*^'' Registration Act, 1885, place against the name of a person a note 
 
 to the effect that such person is not entitled to vote in respect of the 
 qualification contained in the list, 
 the revising barrister shall, instead of placing that mark or note, or erasing 
 the name, place against the name, if the person is entitled to vote in 
 respect of that entry as a county elector or burgess, a mark signifying that 
 his name should be printed in division three of the list, or if he is entitled 
 to vote only as a parochial elector, a mark signifying that he is entitled to 
 be registered as a parochial elector, and the name so marked shall not be 
 printed in the parliamentary register of electors, but shall be printed, as 
 the case requires, either in division three of the local government register 
 of electors, or in a separate list of parochial electors. 
 
 (7.) Where the name of a person is entered both in the ownership list 
 and in the occupation list of voters in the same parish, and the revising 
 barrister places against that name a mark or note signifying that the name 
 should be printed in division three of the lists, an asterisk or other mark 
 shall be there printed against the name, and such person shall not be 
 entitled to vote as a parochial elector in respect of that entry. 
 
 (8.) Such separate list shall form part of the register of parochial electors 
 of the parish, and shall be printed at the end of the other lists of electors 
 for the parish, and the names shall be numbered consecutively with the 
 other names on those lists, and the law relating to the register of electors 
 shall, with the necessary modifications, apply accordingly, and the lists 
 shall, for the purposes of this Act, be deemed to be part of such register. 
 
 (9.) Any person may claim for the purpose of having his name entered 
 in the parochial electors list, and the law relating to claims to be entered in 
 lists of voters shall apply. 
 
 (lO.) The clerk of the county council or town clerk, as the case may be, 
 shall, in printing the lists returned to him by the revising barrister, do 
 everything that is necessary for carrying into effect the provisions of this 
 section with respect to the persons whose names are marked by the revising 
 barrister in pursuance of this section. 
 Disqualifications 46. — (i.) A person shall be disqualified for being elected or being a 
 for parish or member or chairman of a council of a parish or of a district other than a 
 distnct council. ^^^^^^^^^ ^^ ^f ^ b^^rd of guardians if he— 
 (a.) is an infant or an alien ; or - 
 \b.) has within twelve months before his election, or since his election, 
 
 received imion or parochial relief ; or 
 (c.) has, within five years before his election or since his election, been 
 convicted either on indictment or summarily of any crime, and 
 sentenced to imprisonment with hard labour without the option of 
 a fine, or to any greater punishment, and has not received a free 
 pardon, or has, within or during the time aforesaid, been adjudged 
 bankrupt, or made a composition or arrangement with his creditors ; 
 or 
 ((/.) holds any paid office under the parish council or district council or 
 
 board of guardians, as the case may be ; or 
 {e.) is concerned in any bargain or contract entered into with the council 
 or board, or participates in the profit of any such bargain or contract 
 or of any work done under the authority of the council or board. 
 (2.) Provided that a person shall not be disqualified for being elected or
 
 Local Government Act, 1894. 403 
 
 being a member or chairman of any such council or board by reason of being Appendix. 
 interested — 
 
 {a.) in the sale or lease of any lands or in any loan of money to the 
 council or board, or in any contract with the council for the supply 
 from land, of which he is owner or occupier, of stone, gravel, or 
 other materials for making or repairing highways or bridges, or in 
 the transport of materials for the repair of roads or bridges in his 
 own immediate neighbourhood ; or 
 (^.) in any newspaper in which any advertisement relating to the affairs 
 
 of the council or board is inserted ; or 
 (^.) in any contract with the council or board as a shareholder in any 
 joint stock company ; but he shall not vote at any meeting of the 
 council or board on any (piestion in which such company are inter- 
 ested, except that in the case of a water company or other company 
 established for the carrying on of works of a like public nature, this 
 prohibition may be dispensed with by the county council. 
 (4.) Where a person is disqualified by being adjudged bankrupt or 
 making a composition or arrangement with his creditors, thedisqualificatiorij 
 shall cease, in case of bankruptcy, when the adjudication is annulled, or 
 when he obtains his discharge with a certificate that his bankruptcy was. 
 caused by misfortune witliout any misconduct on his part, and, in case of 
 composition or arrangement, on payment of his debts in full. 
 
 (5.) A person disqualified for being a guardian shall also be disqualified 
 for being a rural district councillor. 
 
 (6.) If a member of a council of a parish, or of a district other than a 
 borough, or of a board of guardians, is absent from meetings of the council 
 or board for more than six months consecutively, except in case of illness 
 or for some reason approved by the council or board, his office shall on the 
 expiration of those months become vacant. 
 
 (7.) Where a member of a council or board of guardians becomes 
 disqualified for holding office, or vacates his seat for absence, the council 
 or board shall forthwith declare the office to be vacant, and signify the 
 same by notice signed by three members and countersigned by the clerk of 
 the council or board, and notified in such manner as the council or board 
 direct, and the office shall thereupon l)ecome vacant. 
 
 (8.) If any person acts when discpialified, or votes when prohibited 
 under this section, he shall for each offence be liable on summary conviction 
 to a fine not exceeding twenty pounds. 
 
 (9.) This section shall apply in the case of any authority whose members 
 are elected in accordance with this Act in like manner as if that authority 
 were a district council, and in the case of London auditors as if they were 
 members of a district council. 
 
 47. — (2.) A retiring parish councillor or chairman of a parish council 
 or parish meeting shall be re-eligible. 
 
 48. — (2.) Rules framed under this Act by the Local Government Board Supplemental 
 in relation to elections shall, not^\ ithstanding anything in any other Act, Provisions as to 
 have effect as if enacted in this Act, and shall provide, amongst other ^^^^^^ jgn^rg^°f^' 
 things — office. 
 
 (i.) for every candidate being nominated in writing by two parochial 
 
 electors as proposer and seconder and no more ; 
 (ii.) for preventing an elector at an election for a union or for a district 
 not a borough from subscrdjing a nomination paj^er or voting in 
 more than one parish or other area in the union or district ; 
 (iii.) for preventing an elector at an election for a parish divided into 
 parish wards from subscribing a nomination paper or voting for 
 more than one ward ; 
 (iv.) for fixing or enabling the county council to fix the day of the poll 
 and the hours during which the poll is to be kept open, so, however, 
 that the poll shall always be open between the hours of six and 
 eight in the evening ; 
 
 2 D 2
 
 404 5*5 <&- 57 Vi^f- ^'- 73- 
 
 Appendix. (v.) for the polls at elections held at the same date and in the same area 
 
 being taken together, except where this is impracticable ; 
 
 (vi.) for the appointment of returning officers for the elections. 
 
 35 & 36 Vict. (3.) At every election regulated by rules framed under this Act, the jioll 
 
 c. 33- . shall be taken by ballot, and the Ballot Act, 1872, and the Municipal 
 
 47& 48 Vict. Elections (CorruDt and Illegal Practices) Act, 1SS4, and sections seventy- 
 
 45&'46Vict. four and seventy-five and Part IV. of the Municipal Corporations Act, 
 
 c. so. 1882, as amended by the last-mentioned Act (including the penal provisions 
 
 of those Acts) shall, subject to adaptations, alterations, and exceptions 
 
 made by such rules, apply in like manner as in the case of a municipal 
 
 election. Provided that — 
 
 ((7) section six of the Ballot Act, 1872, shall apply in the case of such 
 
 elections, and the returning officer may, in addition to using the 
 
 schools and public rooms therein referred to free of charge, for 
 
 taking the poll, use the same, free of charge, for hearing objections 
 
 to nomination papers and for counting votes ; and 
 
 (/■) section thirty-seven of the Municipal Elections (Corrupt and Illegal 
 
 Practices) Act, 1884, shall apply as if the election were an election 
 
 mentioned in the P'irst Schedule to that Act. 
 
 (4.) The provisions of the Municipal Corporations Act, l8S2, and the 
 
 enactments amending the same, with respect to the expenses of elections 
 
 of councillors of a borough, and to the acceptance of office, resignation, 
 
 TC-eligibility of holders of office, and the filling of casual vacancies, and 
 
 section fifty-six of that Act, shall, subject to the adaptations, alterations, 
 
 and exceptions made by the said rules, apply in the case of guardians and 
 
 of district councillors of a county district not a borough, and of members of 
 
 the local board of Woolwich, and of a vestry under the Metropolis 
 
 Management Acts, 1855 to 1890, and any Act amending the same. 
 
 Provided that — 
 
 (a.) the provisions as to resignation shall not apply to guardians, and 
 district councillors of a rural district shall be in the same position 
 with resjDect to resignation as members of a boaid of guardians ; 
 and 
 {/'.) nothing in the enactments applied by this section shall authorise or 
 require a returning officer to hold an election to fill a casual vacancy 
 which occurs within six months before the ordinary day of retire- 
 ment from the office in which the vacancy occurs, and the vacancy 
 shall be filled at the next ordinary election ; and 
 {c.) the rules may provide for the incidence of the charge for the expenses 
 
 of the elections of guardians being the same as heretofore. 
 (5.) If any difficulty arises as respects the election of any individual 
 councillor or guardian, or member of any such local board or vestry 
 as aforesaid, or auditor, and there is no provision for holding another 
 election, the county council may order a new election to be held and 
 give such directions as may be necessary for the purpose of holding the 
 election. 
 
 (6.) Any ballot boxes, fittings, and compartments provided by or belong- 
 ing to any public authority, for any election (whether parliamentary, county 
 council, municipal, school board, or other), shall, on request, and if not 
 required for immediate use by the said authority, be lent to the returning 
 officer for an election under this Act, upon such conditions and either free 
 of charge or, except in the prescribed cases, for such reasonalile charge as 
 may be prescribed. 
 
 (7.) The expenses of any election under this Act shall not exceed the 
 scale fixed by the county council, and if at the beginning of one month 
 before the first election under this Act a county council have not framed 
 any such scale for their county, the Local Government Board may frame a 
 scale for the county, and the scale so framed shall apply to the first election, 
 and shall have effect as if it had been made by the county council, but shall 
 not be alterable until after the first election.
 
 Local Goi'enunent Act, 1894. 405 
 
 Appendix. 
 
 Parish and District Councils. -^ 
 
 51. A public notice given by a parish council for the purposes of this Public notices. 
 Act, or otherwise for the execution of their duties, and a public notice of a 
 parish meeting, shall be given in the manner required for giving notice of 
 vestry meetings, anil by posting the notice in some conspicuous place or 
 places within' the parish, and in such other manner (if any) as appears to 
 the council or to the persons convening the meeting desirable for giving 
 jiublicity to the notice. 
 
 55. — (i.) Where a parish is divided or united or grouped with another Power to change 
 ]iarij.h by an order in pursuance of this Act each new parish or group so name of district 
 formed shall bear such name as the order directs. °'' ^^"^ 
 
 (2.) Where a parish is dividetl by this Act, each parish so formed shall 
 bear such name as the county council direct. 
 
 (3.) Any district council may, with the sanction of the county council, 
 change their name and the name of their district. 
 
 (4.) Every change of name made in pursuance of this section shall be 
 published in such manner as the authority authorising the change may 
 direct, and shall be notified to the Local Government Board. 
 
 (5.) Any such change of name shall not affect any rights or obligations 
 of any parish, district, council, authority, or person, or render defective 
 any legal proceedings, and any legal proceedings may be continued or 
 commenced as if there were no change of name. 
 
 59. — (i.) Section one hundred and ninety-nine and Schedule I. of the Supplemental 
 Public Health Act, 1875, so far as that schedule is unrepealed (which 5^°7^fJ°"^^f^ci°s, 
 relate to the meetings of urban authorities, and to the meetings and pro- ^3 ^ ^^ yi^j^ 
 ceedings of local boards), shall apply in the case of every urban district c. 55. 
 council other than a borough council and of every rural district council 
 and board of guardians, as if such district council or board were a local 
 board, except that tiie chairman of the council or board may be elected 
 from outside the councillors or guardians. 
 
 (2.) Any urban district council other than a borough council, and any 
 rural district council and board of guardians may, if they think fit, appoint 
 a vice-chairman to hold office during the term of office of chairman, and 
 the vice-chairman shall, in the absence or during the inability of the chair- 
 man, have the powers and authority of the chairman. 
 
 (5.) If any district council, other than a borough council, become unable 
 to act, whether from failure to elect or otherwise, the county council of the 
 county in which the district is situate may order elections to be held and 
 may appoint persons to form the district council until the newly elected 
 members come into office. 
 
 ]\Iiscdla}ieoHS. 
 
 60. — (i.) The council of each county may, from time to time, by order, Supplemental 
 fix or alter the number of guardians or rural district councillors to be provisions as to 
 elected for each parish within their county, and for those purposes may 2"*^ lans. 
 exercise powers of adding parishes to each other and dividing parishes into 
 wards, similar to those which by the Acts relating to the relief of the poor 
 are, for the purpose of the election of guardians, vested in the Local 
 Ciovernment Board. 
 
 (2.) The council of each county may for the purpose of regulating the 
 retirement of guardians or rural district councillors, in cases where they 
 retire by thirds, and in order that as nearly as may be one third of the 
 persons elected as guardians for the union, and one third of the persons 
 elected as rural district councillors for the district, shall retire in each year, 
 direct in which year or years of each triennial period the guardians or 
 district councillors for each parish, ward, or other area in the union or rural 
 district shall retire. 
 
 (3.) Where a poor law union is situate in more than one county, the
 
 4o6 
 
 56 & S7 Vict. c. 7Z. 
 
 Appendix. 
 
 Provision a'^ to 
 Sundays and 
 banV holidays. 
 
 Construction of 
 
 Act. 
 
 SI & 52 Vict. 
 
 c. 41. 
 
 power under this .section of fi.xing or altering tlie number of guardians or 
 rural district councillors, and of regulating the retirement of guardians and 
 of district councillors, shall be exercised by a joint committee of the 
 councils of the counties concerned, but if any of those councils do not, 
 within two monllis after request from any other of tliem, appoint members 
 of such joint committee, the members of the committee actually appointed 
 shall act as the joint committee. 
 
 Provided that if any order under this sub-section is, within si.\ weeks 
 after the making thereof, objected to by any of the county councils con- 
 cerned, or by any committee of any of those councils authorised in that 
 behalf, it shall be of no effect until confirmed by the Local Government 
 Board. 
 
 (4.) Where under any local and personal Act guardians of a poor law 
 union are elected for districts, whether called by that name or not, the 
 provisions of this Act with respect to the election of guardians shall apply 
 as if each of the districts were a parish. 
 
 (6.) Nothing in this Act shall alter the constitution of the corporation of 
 the guardians of the poor within the city of Oxford, or the election or 
 qualification of the members thereof, except those members who are elected 
 by the ratepayers of parishes. 
 
 73. When the day on which any thing is required by or in pursuance of 
 this Act to be done is Sunday, Christmas Day, or Good Friday, or a bank 
 holiday, that thing shall be done on the next following day, not being one 
 of the clays above mentioned. 
 
 75. — (i.) The definition of "parish" in section one hundred of the 
 Local Government Act, 1888, shall not apply to this Act, but, save as 
 aforesaid, expressions used in this Act shall, unless the context otherwise 
 requires, have the same meaning as in the said Act. 
 
 (2.) In this Act, unless the context otherwise requires — 
 
 Any reference to population means the population according to the census 
 
 of one thousand eight hundred and ninety-one. 
 The expression "parochial elector," when used with reference to a 
 parish in an urban district, or in the county of London or any county 
 borough, means any person who would be a parochial elector of the 
 parish if it were a rural parish. 
 The expression " election " includes both the nomination and the poll. 
 The expression " trustees " includes persons administering or mangaing 
 any charity or recreation ground, or other property or thing in relation 
 to which the word is used. 
 The expression "ecclesiastical charity" includes a charity, the en- 
 dowment whereof is held for some one or more of the following 
 purposes : — 
 (a.) for any spiritual purpose which is a legal purpose ; or 
 (b.) for the benefit of any spiritual person or ecclesiastical officer as 
 
 such ; or 
 (c.) for use, if a building, as a church, chapel, mission room, or Sunday 
 school, or otherwise, by any particular church or denomination ; or 
 {d.) for the maintenance, repair, or improvement of any such building as 
 
 aforesaid, or for the maintenance of divine service therein ; or 
 {e.) otherwise for the benefit of any particular church or denomination, 
 
 or of any members tliereof as such. 
 Provided that where any endowment of a charity, other than a building held 
 for any of the purposes aforesaid, is held in part only for some of the purposes 
 aforesaid, the charity, so far as that endowment is concerned, shall be an 
 ecclesiastical charity within the meaning of this Act ; and the Charity 
 Commissioners shall, on application by any person interested, make such 
 provision for the apportionment and management of that endowment as 
 seems to them necessary or expedient for giving effect to this Act. 
 
 The expression shall also include any building which in the opinion of 
 the Charity Commissioners has been erected or provided within forty
 
 Local Goverinncnt Act, 1894. 407 
 
 years before the passing or this Act mainly by or at the cost of members Appembix. 
 
 of any particular church or denomination. 
 The exjiression " affairs of the church " shall include the distribution of 
 
 offertories or other collections made in any church. 
 The exjiression "parochial charity" means a charity the benefits of 
 
 which are or the separate distribution of the benefits of which is 
 
 confined to inhabitants of a single parish, or of a single ancient 
 
 ecclesiastical parish divided into two or more jjarishes, or of not more 
 
 than five neighbouring parishes. 
 The expression ' ' vestry " in relation to a parish means the inhabitants of 
 
 the parish whether in vestry assembled or not, and includes any select 
 
 vestry either by statute or at common law. 
 The expression "rateable value" means the rateable value stated in 
 
 the valuation list in force, or, if there is no such list, in the last poor 
 
 rate. 
 The expression " county " includes a county borough, and the expression 
 
 " county council " includes the council of a county borough. 
 The expression " elementary school " means an elementary school within 
 
 the meaning of the Elementary Education Act, 1870. 33 & 34 Vict. 
 
 The expression "local and personal Act " includes a Provisional Order c. 75. 
 
 confirmed by an Act and the Act confirming the Order. 
 The expression "prescribed" means prescribed by order of the Local 
 
 Government Board. 
 
 Part V. 
 Transitory Provisions. 
 
 79. — (i.) The existing boards of guardians and urban and rural sanitary First elections of 
 authorities shall take the necessary measures for the conduct of the first 2^^""^'^°* ^"4, 
 elections of guardians and district councillors respectively under this Act, '^ "'' '^°""^' ^* 
 including any appointment of returning officers required by rules under this 
 Act. 
 
 (2.) Where a parish is divided by this Act into two or more new parishes, 
 then, subject to any order made by the county council, there shall be one 
 guardian, and if it is in a rural district, one district councillor for each of 
 such new parishes. 
 
 (3.) Of the guardians and urban and rural district councillors first elected 
 under this Act, save as hereinafter mentioned, one third as nearly as may 
 be shall continue in office until the fifteenth day of April one thousand 
 eight hundred and ninety-six, and shall then retire ; and one third as nearly 
 as may be shall continue in office until the fifteenth day of April one 
 thousand eight hundred and ninety-seven, and shall then retire ; and the 
 remainder shall continue in office until the fifteenth day of April one 
 thousand eight hundred and ninety-eight, and shall then retire. 
 
 (4.) The guardians and rural district councillors to retire respectively on 
 the fifteenth day of April one thousand eight hundred and ninety-six and 
 on the fifteenth day of April one thousand eight hundred and ninety-seven 
 shall be the guardians and rural district councillors for such parishes, wards, 
 or other areas, as may be determined by the county council for the purpose 
 of the rotation. 
 
 (5.) Where guardians or rural district councillors retire together at the 
 end of the triennial period, the guardians and district councillors first 
 elected under this Act shall retire on the fifteenth day of April one thousand 
 eight hundred and niney-eight. 
 
 (6.) Of the first urban district councillors elected under this Act, the 
 third who are respectively to retire on the fifteenth day of April one 
 thousand eight hundred and ninety-six and one thousand eight hundred and 
 ninety-seven shall be determined according to their place on the poll at the 
 election, those that were lowest on the poll retiring first. If there was no 
 poll, or if a question arises in consequence of an equality of votes between
 
 4o8 
 
 56 cS- 57 Vict. c. 73. 
 
 Power of county 
 council to 
 remove 
 difficulties. 
 
 Appointed day. 
 
 two or more councillors, ilie matter shall l)c determined by ballot conducted 
 under the direction of the council. 
 
 (7.) In the case of an urban district divided into wards, the foregoing 
 provisions with respect to retirement shall apply separately to each ward. 
 
 (8.) Upon the day on which the first guardians and urban or rural dis- 
 trict councillors elected under this Act come into office, the persons who 
 are then members of boards of guardians, and urban and rural sanitary 
 authorities, shall cease to hold office, but until that day the persons who 
 are at the passing of this Act guardians and members of urban sanitary 
 authorities (for urban districts not being boroughs) and of highway boards 
 shall continue in office notwithstanding any want of qualification, as if the 
 term of office for which they were elected expired on that day, and, except 
 for the purpose of filling casual vacancies or electing additional guardians, 
 no further elections shall be held. 
 
 (9.) The first meeting of each district council elected under this Act 
 shall be convened by the returning officer. 
 
 (10.) The foregoing provisions shall apply to the existing members and 
 first members elected under this Act of the local board of Woolwich and of 
 any vestry under the Metropolis 'Management Acts, 1855 to 1890, and any 
 Act amending the same, and to the existing and first auditors elected under 
 those Acts in like manner as if they were members of urban sanitary 
 authorities or urban district councillors, as the case may require, except 
 that the date of the annual election shall be substituted for the fifteenth day 
 of April. 
 
 (11.) The overseers of any parish divided by this Act shall, until the 
 first appointment of overseers next after the appointed day, continue in 
 office as if they were overseers of each part of the said parish, which by 
 reason of such division becomes a separate parish. 
 
 80. — (i.) If any difficulty arises with respect to the holding of the first 
 parish meeting of a rural parish, or to the first election of parish or district 
 councillors, or of guardians, or of members of the local board of Woolwich, 
 or any vestry in the county of London, or of auditors in the county of 
 London, or to the first meeting of a parish or district council, or board of 
 guardians, or such local board or vestry as aforesaid, or if, from no election 
 being held or an election being defective or otherwise, the first parish or 
 district council, or board of guardians, or local board or vestry has not 
 been properly constituted, or there are no auditors under the Metropolis 
 Management Acts, 1855 to 1890, or an insufficient number, properly 
 elected, the county council may by order make any appointment or do any 
 thing which appears to them necessary or expedient for the proper holding 
 of any such first meeting or election and properly constituting the parish or 
 district council, board of guardians, local board, or vestry, or auditors, 
 and may, if it appears to them necessary, direct the holding of a meeting or 
 election, and fix the dates for any such meeting or election, but a parish 
 shall, notwithstanding any such failure to constitute the parish council, be 
 deemed to be a parish having a parish council within the meaning of this 
 Act. Any such order may modify the provisions of this Act, and tlie enact- 
 ments applied by or rules framed under this Act so far as may appear to 
 the county council necessary or expedient for carrying the order into effect. 
 
 (2.) The Local Government Board shall make regulations for expediting 
 and simplifying the procedure under section fifty-seven of the Local Govern- 
 ment Act, 1888, in all cases in the year one thousand eight hundred and 
 ninety-four, for the purpose of bringing this Act into immediate operation, 
 and such regulations may dispense with the final apiDroval of an order by 
 the county council in cases where the prescribed notice of the proposed 
 order has been given before it is made by the county council. 
 
 84. — (i.) The first elections under this Act shall be held on the eighth 
 day of November next after the passing of this Act, or such later date or 
 dates in the year one thousand eight hundred and ninety-four as the Local 
 Government Jioard may fix. 
 
 (2.) The persons elected shall come into office on the second Thursday
 
 Local Government Act, 1894. 409 
 
 next after their election, or such other clay not more than seven days earlier Appeni 
 or later as may be fixed by or in pursuance of the rules made under this 
 Act in relation to their election. 
 
 (3.) Every division into wards or alteration of the boundaries of any 
 parish or union or district which is to afiect the first election shall, if it 
 affects the parishes or parts for which the registers of parochial electors 
 will be made, be made so far as practicable before the first day of July next 
 after the passing of this Act, and any such division or alteration which after 
 the appointed day may be made on application by the parish council or 
 anv parochial electors of any parish, may be made before the appointed 
 day on application by the vestry or a like number of the ratepayers of the 
 parish. 
 
 Provided that — 
 
 (r7.) If any county council having any such division or alteration under 
 consideration so direct, the lists of voters shall be framed in parts 
 corresponding with such division or alteration so that the parts may 
 serve either for the unaltered parish, union, or district, or for the 
 same when divided or altered ; and 
 {b.) If the county council making such division or alteration on or after 
 the said day and on or before the last day of August one thousand 
 eight hundred and ninety-four so direct, the clerk of the county 
 council shall make such adjustment of the registers of parochial 
 electors as the division or alteration may render necessary for 
 enabling every parochial elector to vote at the first election in the 
 ward, union, or district in which his qualification is situate, and in 
 that case the said division or alteration shall be observed in the case 
 of that election. 
 (4.) Subject as in this Act mentioned, " the appointed day " shall, 
 \a.) for the purpose of elections and of parish meetings in parishes not 
 having a parish council, be the day or respective days fixed for the 
 first elections under this Act, or such prior day as may be necessary 
 for the purpose of giving notices or doing other acts preliminary to 
 such elections ; and 
 (/'.) for the purpose of the powers, duties, and liabilities of councils or 
 other bodies elected under this Act, or other matters not specifically 
 mentioned, be the day on which the members of such councils or 
 other bodies first elected under this Act come into office ; and 
 {c.) for the purpose of powers, duties, and liabilities transferred to a 
 council of a borough by this Act, be the first day of November next 
 after the passing of this Act ; 
 and the lists and registers of parochial electors shall be made out in such 
 parts as may be necessary for the purpose of the first elections under this 
 Act. 
 
 Provided that where an order of a county council postpones the operation 
 of the section with respect to highways as respects their county or any part 
 thereof the day on which such postponement ceases shall, as respects such 
 county or part, be the appointed day, and the order of postponement shall 
 make such provision as may be necessary for holding elections of highway 
 l)oards during the interval before the appointed day. 
 
 89. The Acts specified in the Second Schedule to this Act are hereby 
 repealed as from the appointed day to the extent in the third column of Repeal, 
 that schedule mentioned, and so much of any Act, whether public general 
 or local and personal, as is inconsistent with this Act is also hereby re- 
 pealed. Provided that where any words of an urban district have been 
 created, or any number of members of an urban sanitary authority fixed, 
 by or in pursuance of any local and personal Act, such wards and number 
 of members shall continue and be alterable in like manner as if they had 
 been fixed by an order of the county council under this or any other Act.
 
 41 o Municipal Election Petition Rules, 1883. 
 
 Appendix. 
 
 1883. 
 
 GENERAL RULES 
 
 FOR THE EFFECTUAL EXECUTION OF PART IV. 
 OF "THE MUNICIPAL CORPORATIONS ACT, 1882," 
 
 Sir CHARLES EDWARD POLLOCK, Knight ; 
 Sir henry MANISTY, Knight ; and 
 Sir henry CHARLES LOPES, Knight ; 
 
 THE JUDGES FOR THE TIME BEING ON THE ROTA FOR THE TRIAL 
 OF PARLIAMENTARY ELECTION PETITIONS. 
 
 1. The presentation of a municipal election petition shall be made by 
 leaving it at the office of the Master for the time being nominated as 
 prescrfbed officer, under the Parliamentary Elections Act, 1868, and such 
 master or his clerk shall (if required) give a receipt which may be in the 
 following form : — • 
 
 Received on the day of at 
 
 the Master's office a petition touching the election of A.B., 
 
 alderman, councillor, [&c. os the case may bc\ for the borough of 
 
 purporting to be signed by [insert the names of 
 
 Petitioners\ 
 
 CD., Master's Clerk. 
 
 With the petition shall also be left a copy thereof for the Master to send 
 to the town clerk, pursuant to section 88, sub-section (3), of the Act. 
 
 2. A municipal election petition shall contain the following statements : 
 (l.) It shall state the right of the petitioner or petitioners to petition 
 
 within section 88, sub-section (i), of the Act. 
 
 (2.) It shall state the liolding and result of tlie election, and shall briefly 
 state the facts and grounds relied on to sustain the prayer. 
 
 3. Tiie petition shall be divided into paragraphs, each of which, as 
 nearly as may be, shall lie confined to a distinct portion of the subject, and 
 every paragraph shall be numbered consecutively, and no costs shall be 
 allowed of drawing or copying any petition not substantially in com- 
 pliance with this rule, unless otherwise ordered by the High Court or a 
 judge thereof. 
 
 4. The petition shall conclude with a prayer, as for instance, that some 
 specified person should be declared duly returned or elected, or that the
 
 JS'htnicipal Election Petition Rules, 1883. 411 
 
 election should be declared void, or that a return may be enforced, (as tlie Appendix. 
 case may be,) and shall be si<;ned by all the petitioners. ~'~' 
 
 5. The following form, or one to the like effect, shall be sufficient : — 
 
 In the High Court of Justice, 
 "The Municipal Corporations Act, 1882." 
 Election for [state the place and office for whlc/i election held] holden 
 
 on the day of A.D. 
 
 The petition of ^. of {or of A. of , and B. 
 
 of as the case may be\ whose names are subscribed. 
 
 (i.) Your petitioner A. is a person who voted \or had a right to vote, 
 as the case may /v] at the above election, \or was a candidate at the above 
 election] ; and your petitioner B, [here state in like manner the right of each 
 petitioner^. 
 
 (2.) And your petitioners state tliat the election was holden on the 
 day of A.D. , when A.B., CD., and 
 
 E.F. were candidates, and that A.B. and CD. have been in the usual 
 manner declared to be duly elected. 
 
 (3.) And your petitioners say that [here state the facts and grounds on 
 ivhich the petitioners rely\. 
 
 Wherefore your petitioners pray that it may be determined that the said 
 A.B. was not duly elected, and that the election was void [or that the 
 said E.F. was duly elected and ought to have been returned, or as the 
 case may be\ 
 
 (Signed) 
 A. 
 B. 
 
 6. Evidence need not be stated in the petition, but the High Court or a 
 judge thereof may order such particulars as may be necessary to prevent 
 surprise and unnecessary expense, and to insure a fair and effectual trial in 
 the same way as in ordinary proceedings in the said High Court, and upon 
 such terms as to costs and otherwise as may be ordered. 
 
 7. When a petitioner claims the office for an unsuccessful candidate, 
 alleging that he had a majority of lawful votes, the party complaining of 
 or defending the election shall, six days before the day appointed for 
 trial, deliver to the Master and also at the address, if any given by the 
 petitioners and resjjondent, as the case may be, a list of the votes intended 
 to be objected to, and the heads of objection to each such vote, and the 
 Master shall allow inspection and office copies of such lists to all parties 
 concerned ; and no evidence shall be given against the validity of any 
 vote, nor upon any head of objection not specified in the list, except by 
 leave of the High Court or a judge thereof, upon such terms as to 
 amendment of the list, postponement of the inquiry, and payment of 
 costs, as may be ordered. 
 
 8. When the respondent in a petition under the Act complaining of an 
 undue election, and claiming the office for some person, intends to give 
 evidence to prove that the election of such person was undue, pursuant to 
 the 93rd section of the Act, sub-section 10, such respondent shall, six 
 days before the day appointed for trial, deliver to the Master, and also at 
 the address, if any, given by the petitioner, a list of the objections to the 
 election upon which he intends to rely, and the Master shall allow 
 inspection and office copies of such list to all parties concerned ; and no 
 evidence shall be given by a respondent of any objection to the election 
 not specified in the list, except by leave of the High Court or a judge 
 thereof, upon such terms as to amendment of the list, postponement of the 
 inquiry, and payment of costs, as may be ordered. 
 
 9. \Vith the petition the petitioner or petitioners shall leave at the office 
 of the Master a writing, signed by him or them or on his or their behalf, 
 giving the name of some person entitled to practise as a solicitor in the 
 High Court of Justice, whom he or they authorize to act as his or their
 
 412 Municipal Election Petition Rules, 1883. 
 
 Appendix. agent, or stating that he or they act for himself or themselves, as the case 
 
 may be, and in either case giving an address, within three miles from the 
 
 General Post Office, at which notices addressed to him or them may be 
 left ; and if no such writing be left or address given, then notice of 
 objection to the recognizances, and all other notices and proceedings may 
 be given by sticking up the same at the Master's office. 
 
 10. Any person elected to any municipal office may at any time after he 
 is elected send to or leave at the office of the Master a writing, signed by 
 him or on his behalf, appointing a person entitled to practise as a solicitor 
 in the High Court of Justice, to act as his agent in case there should be a 
 petition against him, or stating that he intends to act for himself, and in 
 either case giving an address within three miles from the General Post 
 Office at which notices may be left, and in default of such writing being 
 left in a week after service of the petition, notices and proceedings may be 
 given and served respectively by sticking up the same at the Master's 
 office. 
 
 11. The Master shall keep a book or books at his office in which he 
 shall enter all addresses and the names of agents given under either of the 
 preceding rules, which book shall be open to inspection by any person 
 during office hours. 
 
 12. The Master shall, upon the presentation of the petition, forthwith 
 send a copy of the petition to the town clerk, pursuant to section 88 of the 
 Act, sub-section (3), and shall therewith send the name of the petitioner's 
 agent, if any, and the address, if any, given as prescribed, and also the 
 name of the respondent's agent, and the address, if any, given as 
 prescribed, and the town clerk shall forthwith publish those particulars 
 along with the petition. 
 
 The cost of publication of this and any other matter required to be 
 published by the town clerk shall be paid by the petitioner or person 
 moving in the matter, and shall form part of the general costs of the 
 petition. 
 
 13. The time for giving notice of the presentation of a petition and of 
 the nature of the proposed security, shall be five days, exclusive of the day 
 of presentation. 
 
 14. Where the respondent has named an agent or given an address, the 
 service of a municipal election petition may be by delivery of it to the 
 agent, or by posting it in a registered letter to the address given at such 
 time that, in the ordinary course of post, it would be delivered within the 
 prescribeil time. 
 
 In other cases the service must be personal on the respondent, unless a 
 judge of the High Court, on an application made to him not later than 
 five days after the petition is presented on affidavit, showing what has been 
 done, shall be satisfied that all reasonal)le effort had been made to effect 
 personal service and cause the matter to come to the knowledge of the 
 respondent, in which case the judge may order that what has been done 
 shall be considered sufficient service, subject to such conditions as he may 
 think reasonable. An agent employed for the petitioner or respondent 
 shall forthwith leave written notice at the office of the Master of his 
 appointment to act as such agent, and service of notices and proceedings 
 upon such agent shall be sufficient for all purposes. 
 
 15. In case of evasion of service the sticking up a notice in the office of 
 the Master of the petition having been ]jresented, stating the petitioner, 
 the prayer, and the nature of the proposed security, shall be deemed 
 equivalent to personal service if so ordered by a judge. 
 
 16. The deposit of money by way of security for payment of costs, 
 charges, and expenses payable by the petitioner, shall be made by payment 
 into the Bank of England to an account to be opened there by the descrip- 
 tion of "The Municipal Corporations Act, 1882, Security Fund," which 
 shall be vested in and drawn upon from time to time by the Lord Chief 
 Justice of England for the time being, for the purposes for which security
 
 Municipal Election Petition Rules, 1883. 413 
 
 is required by the sniil Act, and a bank receipt or certificate for the same 
 shall be fortluvith left at the Master's oftice. 
 
 17. The Master shall file such receipt or certificate, and keep a book 
 open to inspection of all parties concerned, in which shall be entered from 
 time to time the amount and the petition to which it is applicable. 
 
 18. All claims at law or in equity to money so deposited or to be 
 deposited in the Bank of England shall be tlisposed of by the High Court 
 of Justice or a judge thereof. 
 
 19. Money so deposited shall, if, and when the same is no longer needed 
 for securing payment of such costs, charges, and expenses, be returned or 
 otherwise disposed of as justice may require, by rule of the High Court, or 
 order of a judge thereof. 
 
 20. Such rule or order may be made after such notice of intention to 
 apply, and proof that all just claims have been satisfied or otherwise 
 sufficiently provided for, as the court or judge may require. 
 
 21. The rule or order may direct payment either to the party in whose 
 name the same is deposited, or to any person entitled to receive the same. 
 
 22. Upon such rule or order being made, the amount may be drawn for 
 by the Lord Chief Justice of England for the time being. 
 
 23. The draft of the Lord Chief Justice of England for the time being 
 shall in all cases be a sufficient warrant to the Bank of England for all 
 payments made thereunder. 
 
 24. The recognizance as security for costs may be acknowledged before 
 a judge of the High Court or the Master in town, or a justice of the peace 
 in the country. 
 
 There may be one recognizance acknowledged by all the sureties, or 
 separate recognizances by one or more, as may be convenient. 
 
 24. The recognizance shall contain the name and usual place of abode 
 of each surety, with such sufficient description as shall enable him to be 
 found or ascertained, and may be as follows : — 
 
 Be it remembered that on the day of in the year of our 
 
 Lord 18 , before me \^naine atid description\ came A.B., oi[naine and de- 
 scription as above prescribed] and acknowledged himself [^r severally acknow- 
 ledged themselves] to owe to our Sovereign Lady the (^)ueen the sum of 
 five hundred pounds [or the following sums], (that is to say) the said CD. 
 the sum of;^ , the said E.F. the sum of ^ , the said 
 
 O.H. the sum of ^^ , and the said y.A'. the sum of ;^ , 
 
 to be levied on his [or their respective] goods and chattels, lands, antl 
 tenements, to the use of our said Sovereign Lady the Queen, her heirs and 
 successors. 
 
 The condition of this recognizance is that if [/ie>-e insert the names of all 
 the petitioners, and if more than one, add, or any of them] shall well and 
 truly pay all costs, charges, and expenses in respect of the election petition 
 signed by him [or them] relating to the [here insert the name of the borough] 
 which shall become payable by the petitioner [or petitioners, or any of 
 them,] under the Municipal Corporations Act, 1S82, to any person or 
 persons, then this recognizance to be void, otherwise to stand in full force. 
 
 Signed, 
 
 [Signature of sicreties.] 
 Taken and acknowledged by the above-named [_name of sureties] on the 
 at , before me, 
 
 CD. 
 A justice of the peace [or, as the case may be]. 
 
 26. The recognizance or recognizances shall be left at the Master's office, 
 by or on behalf of the petitioner in like manner as before prescribed for the 
 leaving of a petition forthwith after being acknowledged. 
 
 The security may (unless the High Court or a judge thereof shall other- 
 wise order on summons) be given to any amount not less than ;^300 ; but 
 the High Court or a judge thereof may, on summons taken out within five
 
 414 Municipal Election Petition. Rules, 1883. 
 
 Appendix. days from the service of the notice of the nature and amount of the security, 
 order that the same shall be increased within a time to be fixed in the 
 order by further security to be given in the manner directed by the Act, for 
 a further amount, not exceeding with the amount for which security shall 
 have been already given ;f 500. And in default of compliance with such 
 order, no further proceedings shall be had on the petition. 
 
 27. The time for giving notice of any objection to a recognizance under 
 the 89th section of the Act, sub-section (4), shall be within five days 
 from the date of service of the notice of the petition and of the nature of 
 the security, exclusive of the day of service, or in case of further security 
 within five days after service of notice of the nature thereof, exclusive of 
 the day of such service. 
 
 28. An objection to the recognizance must state the ground or grounds 
 thereof, as that the sureties, or any and which of them, are insufficient, or 
 that a surety is dead, or that he cannot be found, or that a person named 
 in the recognizance has not duly ackno^dedged the same. 
 
 29. Any objection made to the security shall be heard and decided by 
 the Master, subject to appeal within five days to a judge, upon summons 
 taken out by either party to declare the security sufficient or insufficient. 
 
 30._ Such hearing and decision may be either upon affidavit or personal 
 examination of witnesses, or both, as the Master or judge may think fit. 
 
 31. If an objection be allowed and the security be declared insufficient, 
 the Master or judge shall in his order state what amount he deems requisite 
 to make the security sufficient, and tlie further prescribed time to remove 
 the objection by deposit shall be within five days from the dafe of the 
 order, not including the day of the date, and such deposit shall be made in 
 the manner already prescribed, 
 
 32. The costs of hearing and deciding the objections made to the security 
 given shall be paid as ordered by the Master or judge, and in default of 
 such order shall form part of the general costs of the petition. 
 
 33. The costs of hearing and deciding an ol)jection upon the ground of in- 
 sufliciency of a surety or sureties shall be paid by the petitioner, and a clause 
 to that effect shall be inserted in the order declaring its sufficiency or insuffi- 
 ciency, unless at the time of leaving the recognizance with the Master there 
 be also left with the Master an affidavit of fhe sufiiciency of the surety or 
 sureties sworn by each surety before a justice of the peace, which affidavit 
 any justice of the peace is hereby authorized to take, or before some person 
 authorized to take affidavits in the High Court of Justice that he is seised 
 or possessed of real or personal estate, or both, above what will satisfy his 
 debts, of the clear value of the sum for which he is bound by his recog- 
 nizance, which affidavit may be as follows : 
 
 In the High Court of Justice. 
 
 Municipal Corporations Act, 1882. 
 I, A. £., of [as. 171 recognizance\ make oath and say that I am 
 seised or possessed of real \or personal] estate above what will 
 satisfy my debts, of the clear value of £ 
 
 Sworn, &c. 
 
 34. The order of the Master for payment of costs shall have the same 
 force as an order made by a judge, and may be enforced in like manner as 
 a judge's order in an ordinary proceeding in the liigh Court of Justice. 
 
 35. A copy of every order (other than an order giving further time 
 for delivering particulars, or for costs only), or, if the Master shall so 
 direct, the order itself or a duplicate thereof, also a copy of every 
 particular delivered, shall be forthwitli filed with the Master, and the 
 same shall be produced at the trial by the registrar, stamped with the 
 official seal. Such order shall be filed by the party obtaining the same, 
 and such particular by the party delivering the same. 
 
 36. The petitioner or his agent shall, immediately after notice of the 
 presentation of a petition and of the nature of the projiosed security
 
 Municipal Election Petition Rules, 1S83. 415 
 
 shall have been served, file with the Master an affidavit of the time and 
 manner of service thereof. 
 
 37. The days mentioned in rules 7 and 8, and in any rule of court or 
 iudj,'e's order, whereby particulars are ordered to be delivered, or any act 
 'is directed to be done, so many days before the day appointed for trial, 
 shall be reckoned exclusively of the day of delivery, or of doing the act 
 ordered and the day appointed for trial, and exclusively also of Sunday, 
 Christmas-day, Good Friday, and any day set apart for a public fast or 
 public thanksgiving. 
 
 38. When the last day for presenting petitions, or filing lists of votes or 
 objections, under rules 7 and 8, or recognizances, or any other matter 
 required to be filed within a given time, shall happen to fall on a holiday, 
 the petition or other matter shall be deemed duly filed if put into the 
 letter box at the Master's office at any time during such day ; but an 
 affidavit, stating with reasonable precision the time when such delivery was 
 made, shall be filed on the first day after the expiration of the holidays. 
 
 39. The Master shall make out the municipal election list. In it he shall 
 insert the names of the agents of the petitioners and respondents, and the 
 addresses to which notices may be sent, if any. The list may be inspected 
 at the Master's office at any time during office hours, and shall be put up 
 for that purpose upon a notice board appropriated to proceedings under 
 the said Act, and headed "Municipal Election List." 
 
 40. The time of the trial of each municipal election petition shall be fixed 
 by the election judges on the rota or any one of them, who shall signify the 
 same to the Master, and notice thereof shall be given in writing by the 
 Master by sticking notice up in his office, sending one copy by post to the 
 address given by the petitioner, another to the address given by the 
 respondent, if any, and a copy by the post to the town clerk of the borough 
 to which the petition relates, fifteen days before the day appointed for 
 the trial. 
 
 The town clerk shall forthwith publish the same in the borough. 
 
 41. The sticking up of the notice of trial at the office of the Master shall be 
 deemed and taken to be notice in the prescribed manner within the meaning 
 of the Act, and such notice shall not be vitiated by any miscarriage of or 
 relating to the copy or copies thereof to be sent as already directed. 
 
 42. The notice of trial may be in the following form :— 
 
 Municipal Corporations Act, 1882. 
 Election petition of 
 Borough of 
 
 Take notice that the above petition {or petitions] will be tried 
 at on the 
 
 (lay of and on such other subsequent days as may 
 
 be needful. 
 
 Dated the day of 
 
 Signed, by order, 
 
 A.B., 
 The Master appointed under the above Act. 
 
 43. A judge may from time to time, by order made upon the application 
 of a party to the petition, or by notice in such form as the judge may 
 direct to be sent to the town clerk, postpone the beginning of the trial to 
 such day as he may name, and such notice when received shall be forthwith 
 made public by the town clerk. 
 
 44. In the event of the barrister to whom the trial of the petition is 
 assigned not having arrived at the time appointed for the trial, or to which 
 the trial is postponed, the commencement of the trial shall ipso facto stand 
 adjourned to the ensuing day, and so from day to day. 
 
 45. No formal adjournment of the court for the trial of a municipal 
 election petition shall be necessary, but the trial is to be deemed adjourned, 
 and may be continued from day to day until the inquiry is concluded. 
 
 46. After receiving notice of the petitioner's intention to apply for leave
 
 4i6 Municipal Election Petition Rules, 1883. 
 
 Appendix to -withdraw, or of the respondent's intention not to oppose, or of the 
 " — abatement of the petition by death, or of the happening of any of the 
 
 events mentioned in the 97th section of the Act, if such notice be received 
 after notice of trial shall have been given, and before the trial has com- 
 menced, the Master shall forthwith countermand the notice of trial. The 
 countermand shall be given in the same manner, as near as may be, as the 
 notice of trial. 
 
 47. If all the respondents shall give notice of their intention not to 
 oppose the petition, and no other person shall be admitted as a respondent, 
 the High Court of Justice, or a judge, may either declare the election void 
 or direct the trial to proceed. Notice of such order shall be forthwith 
 o-iven by the Master to the town clerk, and if the election be declared void 
 the office shall be deemed to be vacant from the first day (not being a dies 
 nivi) after the date of such order. 
 
 The court or judge may also make such order as to costs as may be just. 
 
 48. The application to state a special case may be made by motion in 
 the High Court of Justice, or by a summons before a judge thereof. 
 
 49. The title of the court held for the trial of a municipal election 
 petition may be as follows : — 
 
 "Court for the trial of a municipal election petition for the 
 
 borough of [or as may 
 
 be] between petitioner 
 
 and respondent," 
 
 and it shall be sufficient so to entitle all proceedings in that court. 
 
 50. An officer shall be appointed for each court for the trial of a munici- 
 pal election petition by the election judges, at the time that they assign the 
 petition to the barrister ; such officer shall attend at the trial in like manner 
 as the clerks of assize and of arraigns attend at the assizes. 
 
 Such officer may be called the registrar of that court. He, by himself, 
 or in case of need, his sufficient deputy, shall perfornr all the functions 
 incident to the officer of a court of record, and also such duties as may be 
 prescribed to him. 
 
 51. The Commissioner may appoint a proper person to act as crier and 
 officer of the court. 
 
 52. The shorthand writer to attend at the trial of a petition shall be the 
 shorthand writer to the House of Commons for the time being or his 
 deputy, and the Master shall send a copy of the notice of trial to the said 
 shorthand writer to the House of Commons. 
 
 53. The amount to be paid to any witness whose expenses shall Ije 
 allowed by the Commissioner trying the petition shall be ascertained and 
 certified by the registrar ; or in the event of his becoming incapacitated 
 from giving such certificate, by the Commissioner. 
 
 54. The order of the court to compel the attendance of a person as a 
 witness may be in the following form : — 
 
 Court for the trial of a municipal election petition for [complete the 
 
 title of ike court] {\\c day of 
 
 lo A.B. [describe the person]. Vou are hereby required to attend 
 before the above court at [place] on day of , at the 
 
 the hour of [or forthwith, as the case may be], to be examined as 
 a witness in the matter of the said petition, and to attend the said 
 court until your examination shall have been completed. 
 As witness my hand, A.B., 
 
 The Commissioner to whom the trial of the 
 said petition is assigned. 
 
 55. In the event of its being necessary to commit any person for con- 
 tempt, the warrant may be as follows : 
 
 At a court holden on at for the trial of a municipal 
 
 election petition for the borough of before A.B., one 
 
 of the barristers appointed for the trial of municipal election 
 petitions, pursuant to "The Municipal Corporations Act, 18S2."
 
 J\l2iuicipal Election Petition Rules, 1883. 417 
 
 Whereas CD. has this day been guilty, and is by the said court Ait'endix-, 
 adjudged to be guilty, of a contempt thereof. The said Court does there- 
 fore sentence the said CD. for his said contem])t to be imprisoned in the 
 gaol for calendar months {or as may be], and to pay to 
 
 our Lady the Queen a fine o( £ , and to be further imprisoned in 
 
 the said gaol until the said fine be paid, and the court further orders that 
 the sheritif of the borough [//' a/iy or as the case may /'<•], and all constables 
 and officers of the peace of any county, borough or place where the said 
 CD. may be found, shall take the said CD. into custody and convey him 
 to the said gaol, and there deliver him into the custody of the gaoler 
 thereof, to undergo his said sentence ; and -the court further orders the 
 said gaoler to receive the said CD. into his custody, and that he shall 
 be detained in the said gaol in pursuance of the said sentence. 
 Signed the day of 
 
 A.B. 
 
 56. Such warrant may be made out and directed to the sheriff or other 
 person having the execution of process of the High Court as the case may 
 be, and to all constables and officers of the peace of the county, borough, lor 
 place where the person adjudged guilty of contempt may be found, and such 
 warrant shall be sufficient without further particularity, , and shall and may 
 be executed by the persons to whom it is directed or any or either of them. 
 
 57. All interlocutory questions and matters, except as to the sufficiency 
 of the security, shall be heard and disposed of before a judge, who shall 
 have the same control over the proceedings under the Municipal Corpora- 
 tions Act, 1882, as a judge in the ordinary proceedings of the High Court, 
 and such questions and matters shall be heard and disposed of by any judge 
 of the High Court. 
 
 58. Notice of an application for leave to withdraw a petition shall be in 
 writing and signed by the petitioners or their agent. 
 
 It shall state the ground on which the application is intended to be 
 supported. 
 
 The following form shall be sufficient : — 
 
 Municipal Corporations Act, 1882. 
 Borough of Petition of {state petitioners^ 
 
 presented day of 
 
 The petitioner proposes to apply to withraw his petition upon the 
 following ground {here state the ground], and prays that a day may 
 be appointed for hearing his application. 
 Dated this day of 
 
 (Signed) 
 
 59. The notice of application for leave to withdraw shall be left at the 
 Master's office. 
 
 60. A copy of such notice of the intention of the petitioner to apply for 
 leave to withdraw his petition shall be given by the petitioner to the 
 respondent, and to the town clerk, who shall cause the same to be published 
 in the borough to which it relates. 
 
 The following may be the form of such notice : — 
 
 Municipal Corporations Act, 1882. 
 
 In the election petition for in which 
 
 is petitioner and respondent. 
 
 Notice is hereby given, that the above petitioner has on the 
 day of lodged at the Master's office notice of an applica- 
 
 tion to withdraw the petition, which notice the following is a copy 
 [set it out]. 
 
 And take notice that by the rule made by the judges, any person 
 who might have been a petitioner in respect of the said election may, 
 within five days after publication by the town clerk of this notice, give 
 notice in writing of his intention on the hearing to apply for leave to 
 be substituted as a petitioner. 
 
 61. Any person who might have been a petitioner in respect of the 
 
 2 E
 
 41 8 Municipal Election Petition Rnles, 1883. 
 
 Appendix, election to which the petition relates, may, within five days after such 
 notice is published by the returning officer, give notice, in writing, signed 
 by him or on his behalf, to the Master of his intention to apply at the 
 hearing to be substituted for the petitioner, but the want of such notice 
 shall n'ot defeat such application, if in fact made at the hearing. 
 
 62. The time and place for hearing the application shall be fixed by a judge, 
 and whether before the High Court, or before a judge, as he may deem 
 advisable, but shall not be less than a week after the notice of the intention 
 to apply has been given to the Master as hereinbefore provided, and notice 
 of the time and place appointed for the hearing shall be given to such person 
 or persons, if any, as shall have given notice to the Master of an intention 
 to apply to be substituted as petitioners, and otherwise in such manner and 
 at such time as the court or judge directs. 
 
 63. Notice of abatement of a petition, by death of the petitioner or 
 surviving petitioner, under section 96, sitb-section (i), of the said Act, 
 shall be given by the party or person interested in the same manner as a 
 notice of an application to withdraw a petition, and the time within \^hich 
 application may be made to the High Court, or a judge thereof, by motion 
 or summons at chambers, to be substituted as a petitioner, shall be one 
 calendar month, or such further time as upon consideration of any special 
 circumstances the High Court or a judge thereof may allow. 
 
 64. If the respondent dies, any person entitled to be a petitioner under 
 the Act in respect of the election to which the petition relates, may give 
 notice of the fact in the borough by causing such notice to be published in 
 at least one newspaper circulating therein, if any, and by leaving a copy of 
 such notice signed by him or on his behalf with the town clerk, and a like 
 copy with the master. 
 
 65. The manner of the respondent's giving notice that he does not intend 
 to oppose the petition shall be by leaving notice thereof in writing at the 
 office of the Master signed by the respondent. 
 
 66. Upon such notice being left at the Master's office, the Master shall 
 forthwith send a copy thereof by the post to the petitioner or his agent, 
 and to the town clerk, who shall cause the same to be published in the 
 borough. 
 
 67. The time for applying to be admitted as a respondent in either of 
 the events mentioned in the 97th section of the Act shall be within ten days 
 after such notice is given as herein-before directed, or such further time as 
 the High Court or a judge thereof may allow. 
 
 68. Costs shall be taxed by the Master, or at his request by any Master 
 of the superior court upon the rule of court or judge's order by which the 
 costs are payable, and costs when taxed may be recovered in like manner 
 as if payable under a rule of court, judgment, or order of a judge in the 
 ordinary proceedings in the High Court of Justice, or in case there be 
 money in the Bank available for the purpose, then to the extent of such 
 money by order of the Lord Chief Justice of England for the time being. 
 
 The office fees payable for inspection, office copies, eifrolment, and other 
 proceedings under the Act and these rules, shall be the same as those 
 l)ayable, if any, for like proceedings according to the present practice of 
 the High Court of Justice. 
 
 69. No proceedings under the Municipal Corporations x\ct, 18S2, shall 
 be defeated by any formal objection. 
 
 70. Any rule made or to be made in pursuance of the Act shall be 
 published by a copy thereof being put uj) at the Master's office. 
 
 Dated the 17th day of April 1883. 
 C. E. Pollock, 
 H. Manisty, 
 Henry C. Lopes, 
 The judges for the time being on the rota for the 
 trial of Parliamentary Election Petitions.
 
 Crczvn Office Rules, iS86. 419 
 
 CRO^VX OFFICE RULES, 18S6. 
 Informations. 
 
 46. With the exception of ex-officio informations filed by the Attorney- 
 1 ieiieral on behalf of the Crown no criminal information or information in 
 the nature of a quo warranto shall be exhibited, received, or filed at the 
 Crown Ofiice Department witliout express order of the Queen's Bench 
 Division in open court, nor shall any process be issued upon any informa- 
 tion other than an ex-officio information, until the person procuring such 
 information to be exhibited shall have filed at the Crown Office Depart- 
 ment a recognizance in the penalty of £^o effectually to prosecute such 
 information and to abide by and observe such orders as the court shall 
 ■direct, such recognizance to be entered into before the Queen's coroner and 
 attorney or the master of the Crown Office, or a justice of the peace of the 
 county, borough, or place in which the cause may have arisen. 
 
 49. If the prosecutor on any information not ex-officio does not proceed 
 to trial within a year after issue joined, or if the prosecutor causes a nolle 
 prosequi to be entered, or if the defendant be acquitted, (unless the judge 
 at the time of trial certifies that there ^^ as reasonable cause for the infor- 
 mation,) the court, on motion for the same, may award the defendant his 
 costs to the amount of the recognizance entered into by the prosecutor on 
 filing the information. 
 
 Quo Warranto. 
 
 51. Every application for an information in the nature of a quo warranto 
 shall be by motion to a Divisional Court for an order nisi, unless the same 
 be ex-ofircio or be made in respect of a corporate office within the meaning 
 of 45 & 46 Vict. c. 50, s. 225. 
 
 52. In respect of such a corporate office as in the last preceding rule 
 mentioned, the application shall be by notice of motion to the person 
 aftected thereby to be served not less than ten days before the day specified 
 in the notice for making the application. 
 
 53. The notice shall set forth the name and description of the applicant, 
 and a statement of the grounds of the application, and the applicant shall 
 deliver with the notice on service thereot a copy of the affidavits whereby 
 the application will be supported. 
 
 54. No order for filing any information in the nature of a quo warranto 
 shall be granted, unless at tlie time of moving an affidavit be produced by 
 ■which some person shall depose upon oath that such motion is made at his 
 instance as relator ; and such person shall be deemed to be the relator in 
 case such order shall be made absolute and shall be named as such relator 
 in such information in case the same shall be filed, unless the Court shall 
 otherwise order. 
 
 55. Every objection intended to be made to the title of a defendant on 
 an information in the nature of a quo warranto shall be specified in the 
 order to show cause or notice of motion, and no objection not so specified 
 shall be raised by the relator on the pleadings without the special leave of 
 the court or a judge. 
 
 56. The Court may discharge an order nisi for an information in the 
 nature of a quo warranto with or without costs, and in its discretion may, 
 upon such notice as may be just, direct the costs to be paid by the solicitor 
 or other parties joining in the affidavits in support of the application, 
 although he be not the proposed relator. 
 
 57. A new relator may by leave of the Court, on notice of motion, be 
 substituted for the one who first enters into the recognizance on special 
 circumstances being shown. 
 
 58. Where several orders nisi for informations in the nature of quo 
 warranto have been granted against several persons for usurpation of the same 
 offices, and all upon the same grounds of objection, the Court may order 
 
 2 E 2 
 
 Appendix.
 
 420 Croivn Office Rules, 1886. 
 
 Appendix, such orders to be consolidated, and only one information to be fded in 
 
 respect of all of them, or may order all proceedings to be stayed upon all 
 
 but one, until judgment be given in that one, provided always that no 
 order be made to consolidate or stay any proceedings against any defendant 
 unless he give an undertaking to disclaim, if judgment be given for the 
 Crown, upon the information, which proceeds. 
 
 59. If a defendant on an information in the nature of a quo warranto does 
 not intend to defend, he may to prevent judgment by default enter a 
 disclaimer at the Crown Office Department and file a copy there, and 
 deliver another copy to the relator or his solicitor. Upon the disclaimer 
 beinf filed judgment of ouster may be entered at the Crown Office 
 Department, and the costs taxed as in judgment by default. 
 
 Appearance to Information. 
 
 83. A defendant to any * * * information, * * * must enter or cause to 
 be entered in a book at the Crown Office an appearance to such * * * 
 information. * * * 
 
 go. When any information is filed and the defendant is under terms to 
 appear immediately and does not enter an appearance, the prosecutor may 
 serve a notice upon the defendant to appear within five days, and in default 
 of appearance may move the Court ex parte for leave to enter an appear- 
 ance for him, or if the notice was personally served for an attachment. 
 
 94, When any indictment has been found in, or removed into the Queen's 
 Bench Division at the instance of the prosecutor, or of one or more of 
 several defendants, the prosecutor may, instead of applying for a warrant 
 under rules 85, 86, 87, issue a writ of venire facias against such defendants 
 as are not parties to the removal of the indictment, or defendants under 
 recognizance to answer, or in the case of an information may issue either a 
 subpcena to answer, or a venire facias if it is intended to proceed to outlawry. 
 
 95. If the defendant does not appear within four days after the day 
 named in the subpcena to answer, the prosecutor upon filing an affidavit of 
 due service of the subpoena to answer may issue a writ of attachment. 
 
 Pleadings. 
 (B.) — -Pleadings in Quo Warranto. 
 
 134. When any information in the nature of a quo warranto has been 
 filed the defendant may plead to such information within such time, and 
 in like manner as if the information were a statement of claim delivered in 
 an action, and subject to these Rules this pleading and all subsequent 
 proceedings, including pleadings, trial, judgment, and execution, shall 
 proceed and may be had and taken as if in an action, and where the judg- 
 ment is for the relator judgment of ouster may be entered for him in all cases. 
 
 135. The prosecutor in answer to a plea that the defendant has held and 
 executed the office or franchise for six years before exhibiting the informa- 
 tion may reply any forfeiture, surrender, or avoidance by the defendant 
 within the said six years. 
 
 (Signed) Halsbury, C. 
 
 Coleridge, C.J. 
 
 ESHER, M.R. 
 
 James IIannen, Brest. B.D.A. 
 Nathl. Lindley, L.J. 
 Edw. Fry, L.J. 
 C. E. Bollock, B. 
 H. Manisty, J. 
 December 18, 1885.
 
 Gnardiivis {Outside Londoii) Election Order y 1894. 421 
 
 Appendix. 
 
 RULES AS TO NOMINATION AND ELECTION OF 
 GUARDIANS (OUTSIDE LONDON), 1894. 
 
 General Order, 29th September, 1894. 
 
 To the County Council of every Administrative County in 
 England and Wales, except the Administrative County of London ; — 
 
 1 o the Mayor, Aldermen, and Burgesses of every County Borough in 
 England and Wales ;— 
 
 To the Board of Guardians of every Poor Law Union in England and 
 Wales which on the "appointed day " will be co-extensive with or will 
 ■contain an Urban Parish ; — 
 
 To the Overseers ol the Poor of every Urban Parish in England and 
 Wales ;— 
 
 To the Clerk to the Guardians of every such Poor Lavir Union as 
 aforesaid ; — ■ 
 
 To the Clerk to the Urban Sanitary Authority of every Urban Sanitary 
 District other than a Borough ; — 
 
 And to all others whom it may concern. 
 
 Whereas by Section 20 of the Local Government Act, 1894, which is 
 included in Part II. of that Act, it is, amongst other things, enacted as 
 follows : — 
 
 "20. As from the appointed day the following provisions shall apply 
 
 to boards of guardians : — 
 
 ****** 
 
 " (2.) A person shall not be qualified to be elected or to be a guardian 
 for a poor law union unless he is a parochial elector of some parish within 
 the union, or has during the whole of the twelve months preceding the 
 election resided in the union, or in the case of a guardian for a parish wholly 
 or partly situate within the area of a borough, whether a county borough 
 or not, is qualified to be elected a councillor for that borough, and no 
 person shall be disqualified by sex or marriage for being elected or being a 
 guardian. So much of any enactment, whether in a public general or 
 local and personal Act, as relates to the qualification of a guardian shall 
 be repealed : 
 
 "(3.) The parochial electors of a parish shall be the electors of the 
 •guardians for the parish, and, if the parish is divided into wards for the 
 election of guardians, the electors of the guardians for each ward shall be 
 Guch of the parochial electors as are registered in respect of qualifications 
 within the ward : 
 
 "(4,) Each elector may give one vote and no more for each of any 
 number of persons not exceeding the number to be elected : 
 
 "(5.) The election shall, subject to the provisions of this Act, be 
 conducted according to rules framed under this Act by the Local 
 Government Board." 
 
 And whereas by Section 30 of the said Act, which is included in Part II. 
 thereof, it is enacted as follows : — 
 
 "30. The provisions of this Part of this Act respecting guardians 
 shall apply to * * * every county borough." 
 
 And whereas by Section 48 of the said Act it is, amongst other things, 
 ■enacted as follows : —
 
 422 Guardians {Outside Loudon) Election Order, 1894. 
 
 Appendix-. "48._(2.) Rules framed under this Aet by the Local Government 
 
 Board in relation to elections shall, notwithstanding anything in any other 
 Act, have effect as if enacted in this Act, and shall provide, amongst other 
 things, — 
 
 " (i.) for every candidate l)eing nominated in writing by two parochial 
 
 electors as proposer and seconder and no more ; 
 " (ii.) for preventing an elector at an election for a union or for a 
 district not a borough from subscribing a nomination paper or 
 voting in more than one parish or other area in the union or 
 district. 
 
 :)(. ^ '^ ^ '^ '^ 
 
 " (iv.) for fixing or enabling the county council to fix the day of the poll 
 
 and the hours during which the poll is to be kept open, so, however, 
 
 that the poll shall always be open between the hours of six and 
 
 eight in the evening ; 
 
 " (v.) for the polls at elections held at the same date and in the same 
 
 area being taken together, except where this is impracticable ; 
 
 " (vi. ) for the appointment of returning officers for the elections." 
 
 "{3.) At every election regulated by rules framed under this Act, the 
 
 poll shall be taken by ballot, and the Ballot Act, 1S72, and the Municipal 
 
 Elections (Corrupt and Illegal Practices) Act, 18S4, and sections sevei.ty- 
 
 four and seventy-five and Part IV. of the Municipal Corporations Act, 
 
 1S82, as amended by the last-mentioned Act (including the penal provisions 
 
 of those Acts) shall, subject to adaptations, alterations, and exceptions made 
 
 by such rules, apply in like manner as in the case of a municipal election. 
 
 Provided that — 
 
 " (fl) section six of the Ballot Act, 1872, shall apply in the case of such 
 
 elections, and the returning officer may, in addition to using the 
 
 schools and public rooms therein referred to free of charge, for taking 
 
 the poll, use the same, free of charge, for hearing objections to 
 
 nomination papers and for counting votes ; and 
 
 " (/') section thirty-seven of the Municipal Elections (Corrupt and 
 
 ' Illegal Practices) Act, 1884, shall apply as if the election were an 
 
 election mentioned in the First Schedule to that Act. 
 
 "(4.) The provisions of the Municipal Corporations Act, 18S2, and the 
 
 enactments amending the same, with respect to the expenses of elections of 
 
 councillors of a borough, and to the acceptance of office, * * * re-eligibility 
 
 of holders of office, and the filling of casual vacancies, and section fifty-six 
 
 of that Act shall, subject to the adaptations, alterations, and exceptions 
 
 made by the said rules, apply in the case of guardians. * * * 
 
 " Provided that— 
 
 * H< * * * * 
 
 " ij)) nothing in the enactments applied by this section shall authorise or 
 require a returning officer to hold an election to fill a casual vacancy 
 which occurs within six months before the ordinary day of retirement 
 from the office in which the vacancy occurs, and the vacancy shall be 
 filled at the next ordinary e'ection ; and 
 " (r) the rules may provide for the incidence of the charge for the 
 expenses of the elections of guardians being the same as 
 heretofore." 
 And whereas by sub-section (i) of Section 79 of the said Act it is enacted 
 that— 
 
 '• 79. — (I.) The existing boards of guardians and urban and rural sanitary 
 authorities shall take the necessary measures for the conduct of the first 
 elections of guardians and district councillors respectively under this Act, 
 including any appointment of returning officers required by rules under 
 this Act." 
 
 And whereas by sub-sections (i), (2), and (4) of Section 84 of the said 
 Act it is enacted that — 
 
 " 84. — (I.) The first elections under this Act shall be held on the eighth
 
 GuardiiDis {Outside London) Election Order, 1894, 423 
 
 day of November next after the passing of this Act, or sucli later date or Appendix. 
 dates in the year one thousand eight hundred and ninety-four as the Local 
 Government board may fix. 
 
 " (2.) The persons elected shall come into"ofifice on the second Thursday 
 next after their election, or such other day not more than seven days earlier 
 or later as may be fixed by or in pursuance of the rules made under this 
 Act in relation to their election." 
 
 "1(4.) Subject as in this Act mentioned, the 'appointed day' shall, 
 " {a) for the purpose of elections * * * be the day or respective days 
 fixed for the first elections under this Act, or such prior day as may 
 be necessary for the purpose of giving notices or doing other acts 
 preliminary to such elections ; and 
 " (/') for the purpose of the powers, duties, and liabilities of councils or 
 other bodies elected under this Act, or other matters not specifically 
 mentioned, be the day on which tlie members of such councils or 
 other bodies first elected under this Act come into office." 
 
 Now THEREFORE, We, the Local Government Board in pursuance of the 
 powers given to Us in that behalf, do, by this Our Order, Direct that the 
 Election of Guardians in the present year in each Urban Parish in England 
 and Wales shall, subject to any directions which may be given by Us, be 
 conducted according to the following Rules, and such Rules shall be 
 observed : — 
 
 Retiiniing Officer. 
 
 1. — (i.) The Returning Officer shall be the Clerk to the Guardians of the 
 Poor Law Union in which the Parish is situate or with which it is co- 
 extensive. 
 
 (2.) If the Clerk is unwilling to act as Returning Officer, or if the office 
 of Clerk is vacant at the time when any duty relative to the election has 
 to be performed by the Returning Officer, or if the Clerk from illness or 
 other sufficient cause is unable to perform such duty, the Guardians shall 
 appoint some other person to act as Returning Officer or to perform such 
 of the duties of the Returning Officer as then remain to be performed, as 
 the case may be. 
 
 (3.) The Returning Officer shall appoint an Office for the purposes of the 
 election. 
 
 (4.) Subject to the provisions of Rule 13, the Returning Officer may, in 
 writing, appoint one or more fit persons to be his deputy or deputies for all 
 or any of the purposes relating to the election of Guardians, and shall 
 appoint such a deputy in the case and for the purposes mentioned in 
 Rule 21 (i) of this Order. A Deputy Returning Oilicer, whether appointed 
 under this Rule or by Rule 13, shall have all the powers, duties, and 
 liabilities of the Returning Officer in relation to the matters in respect of 
 which he is deputy. 
 
 Day of Election, 
 
 2. — (i.) The day of the election of Guardians in the year One thousand 
 eight hundred and ninety-four shall be ^Monday, the Seventeenth day of 
 December, or such other day, not being earlier than Saturday, the Fifteenth 
 day of that month, or later than Wednesday, the Nineteenth day of that 
 month, as may, for special reasons, be fixed by the County Council. 
 
 (2.) Provided that, in any urban district other than a Borough, the day 
 of the election of Guardians and of Urban District Councillors shall be the 
 same. 
 
 Notice of Election. 
 
 3. Not later than Saturday, the First day of December, One thousand 
 eight hundred and ninety-four, the Returning Officer shall prepare and sign 
 a notice of the election of Guardians in the Urban Parishes in the Poor 
 Law Union, and shall cause public notice to be given of the same in each
 
 424 Guardians {Outside London) Election Order, 1894. 
 
 Apiendix, Parish. The notice shall be in the Form No. i in the First Schedule to 
 this Order, or in a form to the like effect. 
 
 Nomination of Candidates. 
 
 4. — (i.) Each candidate for election as a Guardian shall be nominated in 
 writing. 
 
 (2.) The nomination paper shall state the name of the Parish or other 
 area for which the candidate is nominated, the surname and other name or 
 names in full of the candidate, and his place of abode and description, and 
 whether he is qualified as a parochial elector of some Parish within the 
 Poor Law Union, or by having during the whole of the twelve months 
 preceding the election resided in the Union, or, in the case of a Parish 
 or United Parishes wholly or partly situate within the area of a Borough, 
 by being qualified to be elected a Councillor for that Borough. It shall be 
 signed by two parochial electors of the Parish or other area, as proposer 
 and seconder, and no more, and shall state their respective places of abode. 
 It shall be in the Form set out in the notice in the Form No. i in the First 
 Schedule to this Order, or in a form to the like effect. 
 
 (3.) The name of more than one candidate shall not be inserted in any 
 one nomination paper. 
 
 (4.) A parochial elector shall not sign more nomination papers than there 
 are Guardians to be elected for the Parish or other area in the Poor Law 
 Union for which the election is to be held. He shall not sign a nomination 
 paper for any Parish or other area unless he is registered as a parochial 
 elector in respect of a qualification therein. Neither shall he sign nomina- 
 tion piapers for more than one Parish or other area in the Union. 
 
 (5.) It any parochial elector shall sign nomination papers for more than 
 one Parish or other area in the Ihiion, or shall sign a larger number of 
 nomination papers than the number of Guardians to be elected for the 
 Parish or other area, such of the nomination papers signed by him as relate 
 to the first Parish or other area for which a nomination paper signed by 
 him is received by the Returning Officer shall alone be valid, and of the 
 nomination papers signed by him which relate to that Parish or other area 
 such as are first received by the Returning Officer up to the number of 
 Guardians to be so elected shall alone be valid. Provided that, for the 
 purposes of this paragraph, nomination papers not properly filled up and 
 signed shall be excluded. 
 
 Nomination Papers to he provided. 
 
 ' 5. The Returning Officer shall provide nomination papers, and shall 
 furnish the Overseers of the Parish with a supply thereof. Any parochial 
 elector may obtain nomination jjapers from either the Returning Ofticer or 
 the Overseers free of charge. 
 
 Time for sending in Nomination Papers. 
 
 6. Every nomination paper shall be sent to the Returning Officer so that 
 it shall be received at his Office not later than two o'clock in the afternoon 
 of Wednesday, the Fifth day of December, One thousand eight hundred 
 and ninety-four. A nomination paper received after that time shall not be 
 valid. The Returning Officer shall note on each nomination paper whether 
 it was received before or after that time. 
 
 Dealing tvith Nominations by Returning Officer. 
 
 7. — (l.) The Returning Officer shall number the nomination papers in 
 the order in which they are received by him ; and the first valid nomination
 
 Gtiardians {Outside London) Election Order, 1894. 425 
 
 paper received for a candiilate shall be deemed to be the nomination of that Appendix. 
 candidate. 
 
 (2.) The Returning Oflicer shall, as soon as practicable after the receipt 
 of any nomination paper, examine the same, and decide whether it has or 
 has not been properly filled up and signed by two parochial electors of the 
 Parish or other area, and whether it is or is not invalid under Rule 4 (5) or 
 Rule 6. His decision that a nomination jiaper has been so filled up and 
 signed anil is not invalid as aforesaid shall be final, and shall not be 
 •questioned in any proceeding whatever, 
 
 (3.) If the Returning Ot^ticer shall decide that a nomination paper is 
 invalid, he shall put a note on it to this effect, stating the grounds of his 
 •decision, and he shall sign such note. 
 
 (4.) After deciding that the m)mination of any candidate is valid, or 
 (except where a nomination of any candidate has been decided to be valid) 
 that a nomination paper for the candidate is invalid, the Returning Ofiicer 
 shall, as soon as practicable, send, by post or otherwise, notice of his 
 decision to the candidate. 
 
 Statement as to Persons nominated. 
 
 8. Not later than Friday, the Seventh day of December, One thousand 
 eight hundred and ninety-four, the Returning Officer shall make out a 
 Statement in the Form No. 2 in the First Schedule to this Order, or in a 
 form to the like effect, containing the names, places of abode, and 
 descriptions of the persons nominated as Guardians for the several Urban 
 Parishes in the Poor Law Union, and also containing a notice of his decision 
 as regards each candidate as to whether he has been nominated by a 
 valid nomination paper or not. He shall forthwith cause a copy thereof 
 to be suspended in the Board Room of the Guardians, and another to be 
 affixed on the principal external gate or door of every Workhouse of the 
 Union, and, if the Loard Room of the Guardians is not situate at any such 
 Workhouse, on the external gate or door of the building in which the Board 
 Room of the Guardians is comprised. 
 
 Withdrawal of Candidate. 
 
 Lny candidate may withdraw his candidature by delivering or causing 
 ielivered at the Office of the Returning Officer before four o'clock or 
 
 9. Ai 
 
 to be delivered at the Office of the Returning Officer betore tour o'clock on 
 the afternoon of Friday, the Seventh day of December, a notice in writing 
 of such withdrawal, signed by him. 
 
 Relation of Noinination to Election. 
 
 10. Section 56 of the Municipal Corporations Act, 1SS2, shall be altered 
 and adapted in its application to the election of Guardians in the Parish so 
 as to provide as follows, and not otherwise : — 
 
 (i.) If the number of valid nominations exceeds that of the persons to be 
 elected as Guardians, the Guardians shall be elected from amongst the 
 persons nominated. 
 
 (2.) If the number of valid nominations does not exceed the number of 
 Guardians to be elected, or if by the withdrawal of any candidates as 
 provided by Rule 9, the number of candidates for the Parish is reduced to 
 a number not exceeding the number of persons to be elected, or if the 
 number of candidates is otherwise so reduced, the Returning Officer shall, 
 as early as practicable, give public notice in the Parish to this effect, stating 
 that no poll will be taken, and that the candidates, or the remaining 
 candidates, as the case may be, will be declared to be elected. 
 
 (3.) He shall forthwith send, by post or otherwise, a copy of such notice 
 to each of such candidates.
 
 426 Gitai-dians {Outside London) Election Order, 1894. 
 
 (4.) The notice shall be in the Form No. 3 in the First Schedule to this 
 Order, or in a form to the like effect. 
 
 Day and Hotirs of Poll. 
 
 11. — (I.) The poll, if any, shall be held on the day of election as fixed 
 by or under Rule 2 of this Order, and the hours during which the poll 
 shall be open shall be such as shall be fixed by the County Council by any 
 g-eneral or special order, so, however, that the poll shall always be open 
 between the hours of six and eight in the evening. 
 
 (2.) Provided that in any Urban District other than a Borough the hours 
 during which any poll shall be open for the election of Guardians and 
 Urban District Councillors shall be the same. 
 
 When Polls to be taken together. 
 
 12. — (I.) If any Parish is co-extensive with an Urban District other than 
 a Lorough, or with any Ward or Wards of any such Urban District, or is 
 wholly comprised in any such District which is not divided into Wards or 
 in any one Ward of such a District which is divided into Wards, the poll 
 for the election of Guardians for the Parish and any poll for the election 
 of Urban District Councillors shall be taken together. 
 
 (2.) If the County Council shall be of opinion in any other case that the 
 polls for the election of Guardians and for the election of Urban District 
 Councillors can conveniently be taken together, they may give directions 
 accordingly to the Returning Officers for the two elections, and the polls 
 for such elections shall thereupon be taken together. 
 
 When Returning Officer for Urban District Coimcillors is to be Deputy 
 Peturning Officer for Guardians, 
 
 13.— (i.) If, as provided by paragraph (i) of Rule 12 of this Order, or 
 as directed by the County Council under paragraph (2) of that Rule, the 
 poll for the election of Guardians for the Parish and any poll for the 
 election of Urban District Councillors are to be taken together, the 
 Returning Officer at the election of Urban District Councillors for the Urban 
 District shall be the Deputy Returning Officer for the purposes herein-after 
 mentioned in relation to the poll for the election of Guardians for the 
 Parish. Such Deputy Returning Officer shall be substituted for the 
 Returning Officer in Rules i (4), 14, 15, 16, 17, 18, and 19 of this Order, 
 and shall act as Deputy Returning Officer for the purposes therein 
 mentioned. 
 
 (2.) Immediately after four o'clock on Friday, the Seventh day of 
 December, the Returning Officer shall send to each Returning Officer for 
 the election of Urban District Councillors who is Deputy Returning Officer 
 as aforesaid, a Statement of the persons validly nominated as Guardians 
 for the Parish who have not withdrawn their candidatures, giving the 
 surname and other name or names in full of each such candidate, and his 
 place of abode and description, and the names of his proposer and seconder, 
 and their respective places of abode. 
 
 Polling Districts. 
 
 14. — (l.) [a.) If the Parish is divided into Wards for the election of 
 Urban District Councillors, including the Councillors of a Borough, 
 the whole of each such Ward being comprised in the Parish, and the 
 lists of parochial electors are made out in separate parts for such 
 Wards, each Ward shall be a Polling District for the election 
 of Guardians. 
 
 [b.) If the Parish is not so divided, but is divided into Polling Districts
 
 GiLardiaiis {Outside Loiidoii) Election Order, 1894, 427 
 
 fcr the election of County Councillors, or if it is not divided into Appendix, 
 such Polling Districts, hut is divided into Polling Districts for the ~~~' 
 
 election of the councillors of a Borough, the whole of each such 
 District being comprised in the Parish, and the lists of parochial 
 electors are made out in separate parts for such districts, each district 
 shall be a Polling District for the election of Guardians, 
 (r.) If neither paragraph ((7.) nor paragraph (/'.) of this Rule applies to 
 the Parish, the Returning Officer may, if he thinks lit, divide the 
 Parish into Polling Districts for the election of Guardians, but each 
 district shall consist of an area for which separate lists of parochial 
 electors will be available. 
 {d.) The Polling Districts for the election of Guardians and of any 
 Urban District Councillors, when the polls for the two elections are 
 taken together, shall be the same. 
 (2.) If the Parish is dividetl into Polling Districts, each parochial elector 
 shall give his vote in the Pulling District in which the property in respect 
 of which he is entitled to vote is situate, and if it is situate in more than 
 one Polling I )istrict, he may vote in any one (but in one only) of the 
 Polling Districts in which it is situate. 
 
 Polling Places and Stations. 
 
 15. — (i.) The Returning Officer shall determine the number and 
 situation of the polling places. 
 
 Provided as follows : — 
 
 (rt.) That no premises licensed for the sale of intoxicating liquor shall be 
 used for a polling place ; 
 
 (/'.) That the polling stations for the election of Guardians and of any 
 Urban District Councillors, when the polls for the two elections are 
 taken together, shall be the same ; 
 
 (f.) That, unless the County Council otherwise direct, where the number 
 of parochial electors in the Parish, or (if the Parish is divided into 
 Polling Districts) in any Polling District is not more than five 
 hundred only one Polling Station shall be provided for the Parish 
 or Polling District ; and so on for each additional five hundred 
 parochial electors, or for any less number of parochial electors over 
 and above the last five hundred. 
 
 Notice of the Poll. 
 
 16.— (I, ) If a poll has to be taken, the Returning Officer shall, five clear 
 days at least before the day fixed for the same, give public notice thereof. 
 'ITie notice shall specify — 
 {a.) the day and hours fixed for the poll ; 
 [l>,) the number of Guardians to be elected for the Parish ; 
 \c.) the names, place of aliode, and description of each candidate for 
 the Parish whom he has decided to be nominated by a valid 
 nomination paper, and who has not withdrawn his candidature ; 
 ((/.) the names of the proposer and seconder who signed the nomination 
 
 paper of each candidate ; 
 (^.) a description of the polling districts, if any ; and 
 (/.) the situation and allotment of the polling places and the description 
 of the persons entitled to vote [thereat, and at the several Polling 
 Stations. 
 (2.) The notice shall be in the Form No. 4 in the First Schedule to this 
 Order, or in a form to the like effect. 
 
 (3.) If polls are to be taken together in the Parish as to the election of 
 both Guardians and Urban District Councillors, the Returning Officer may, 
 if he thinks fit, give one notice only for both polls, and such notice shall 
 be in the Form No. 5 in the First Schedule to this Order, or in a form to 
 the like effect.
 
 Appendix. 
 
 428 Guardians {Outside London) Election Order, 1894. 
 
 Fresid'nig Officers. 
 
 17. The returning officer, or some person appointed by him for the 
 purpose, shall preside at each Polling Station. The person presiding at 
 any Polling Station shall be called the Presiding Officer. Provided that 
 at any Polling Station the same person shall act as Presiding Officer for 
 the elections of Guardians and Urban District Councillors, the polls for 
 which are to be taken together. 
 
 Compartments oj Polling Stations. — Ballot Papers. 
 
 18. The Returning Officer shall furnish every Polling Station with such 
 number of compartments in which the voters can mark their votes screened 
 from observation, and shall furnish each Presiding Officer with such 
 number of ballot papers as may be necessary for effectually taking the poll 
 at the election. 
 
 Polling Agents. 
 
 19. If there are only two candidates, each of them may, in writing, 
 appoint a polling agent for each Polling Station, who may be paid or 
 unpaid. If there are more than two candidates, any number of them, 
 being not less than one-third of the whole number of candidates, may, in 
 writing, appoint one polling agent for each Polling Station, who may be 
 paid or unpaid. Any such appointment shall be delivered at the Office of 
 the Returning Officer not less than two clear days before the day of the 
 poll. Except as aforesaid, no polling agent, whether paid or unpaid, shall 
 be appointed for the purposes of the election. 
 
 Questions to Elector. 
 
 20. — (l.) The Presiding Officer may, and if required by any parochial 
 elector of the Parish or any polling agent appointed under Rule 19 shall, 
 put to any elector at the time of his applying for a ballot paper, but not 
 afterwards, the following questions, or one of them, and no other : — 
 
 («.) Are you the person entered in the parochial register for this Parish 
 \or Ward] as follows \i-ead the ivhole entry from the register] ? 
 
 {l>.) Have you already voted at the present election of Guardians in this 
 or any other Parish or Ward in the Union ? 
 
 (2.) A person required to answer either of these questions shall not 
 receive a ballot paper or be permitted to vote until he has answered it. 
 
 Connting the J "otes. 
 
 21. — (l.) If the poll for the election ofGuardians for the Parish and any 
 poll for the election of Urban District Councillors are not to be taken 
 together, the Returning Officer, if he does not himself count the votes, 
 shall appoint some person to act as Deputy Returning Officer for the Parish 
 as regards the custody and opening of the ballot boxes, the counting and 
 recording of the votes, and the declaration of the number of votes given for 
 each candidate, and of the election of the candidate or candidates to whom the 
 largest number of votes has been given. The person so appointed shall, in 
 addition to his other powers and duties, have all the powers and duties of 
 the Returning Officer in relation to the matters aforesaid, and to the 
 decision of any question as to any ballot paper and otherwise as to the 
 ballot papers. The Returning Officer shall not himself count the votes in 
 more than one Urban Parish in the Union. 
 
 (2.) Where the Returning Officer for the election of Urban District 
 Councillors is the Deputy Returning Officer for the election of Guardians 
 as provided in paragraph (l) of Rule 13 of this Order, he shall also be
 
 Guardians {Outside London) Election Order, 1894. 429 
 
 Deputy Returning Ofticer for the purposes referred to in paragraph (i) of Appendix. 
 this Rule. 
 
 (3.) The votes for each Parish shall be counted as soon as practicable 
 after the close of the poll. 
 
 Equality of Votes. 
 
 22. If an ecjuality of votes is found to exist between any candidates, and 
 the addition of a vote would entitle any of such candidates to be declared 
 elected, the Returning Ofticer or Deputy Returning Officer who counts the 
 votes may, if a parochial elector of the Parish, give such additional vote in 
 writing, but shall not otherwise be entitled to vote at the election. 
 
 Declaration of Result of Poll. 
 
 23. — (i.) The declaration of the result of the poll shall be in the Form 
 No. 6 in the First Schedule to this Order, or in a form to the like etitect. 
 
 (2.) The Returning Ofticer or Deputy Returning Officer, as the case may 
 be, making the declaration shall forthwith cause a copy of it to be affixed 
 on the front of the building in which the votes have been counted. If the 
 declaration is made by a deputy Returning Officer, he shall forthwith send 
 it to the Returning Officer. 
 
 Publication of Result of Elections. 
 
 24. — (i.) The Returning Officer shall prepare and sign a Statement of 
 the result of the elections in all the Urban Parishes in the Poor Law Union, 
 and shall by such notice declare to be elected the persons who, under 
 Rule 10, are to be declared to be elected without a poll being taken. 
 Such persons shall be deemed to have been elected on the day of election 
 fixed by or under Rule 2 of this Order. The notice shall be in the Form 
 No. 7 in the First Schedule to this Order, or in a form to the like effect. 
 
 (2.) The Returning Officer shall cause a copy of the Statement to be 
 suspended in the Board Room of the Guardians. He shall also send a 
 sufficient number of copies of the Statement to the Overseers of each Urban 
 Parish in the Union, and the Overseers shall cause pubhc notice to be 
 given of such statement in accordance with Rule 33 of this Order. 
 
 Application and Adaptation of Ballot Act, 1872. 
 
 25. The provisions of the Ballot Act, 1872, which, with adaptations and 
 alterations are set out in the Second Schedule to this Order, and only such 
 provisions of that Act, shall, subject to such adaptations and alterations, 
 apply to the election of Guardians in like manner as in the case of a muni- 
 cipal election. ■■mwm 
 Provided as follows : — _, 
 (i.) Such application shall be subject to the provisions of this Order. - 
 (2.) If polls are taken together in the Parish as to an election of Guardians 
 and Urban District Councillors, separate Ballot Boxes shall be used 
 for the two elections respectively, but no vote for any Guardian shall 
 be rendered invalid by the ballot paper being placed in the box 
 intended for the reception of ballot papers for Urban District 
 Councillors. 
 (3,) The ballot papers used at the election of Guardians shall be of a 
 different colour from that of any ballot papers used in the election 
 of any Urban District Councillors in the Parish when the polls for 
 the two elections are taken together. 
 
 Adaptation of Municipal Corporations Act, 1882. 
 26. — (i.) The provisions of Se'.tions 74and 75 of the Municipal Corpora-
 
 430 Guardians {Outside London) Election Order, 1894. 
 
 Ai'PENDix. tions Act, 18S2, which with adaptations and alterations are set out in the 
 Third Schedule to this Order, and such of the provisions of that Act, and 
 the enactments amending the same, as relate to the acceptance of office, 
 re-eligibility of holders of office, and filling of casual vacancies, and are, 
 with adaptations and alterations, set out in the Fourth Schedule to this 
 Order, shall, subject to such adaptations and alterations, apply to the 
 election of Guardians and to the persons elected thereat. 
 
 (2.) In the application of Part IV. of the Municipal Corporations Act, 
 1S82 (relating to Corrupt Practices and Election Petitions), as amended by 
 the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, the 
 following adaptations and alterations shall have effect : — 
 
 (a.) Such application shall be subject to the provisions of this Order. 
 (/'.) References to the election of Guardians shall be deemed to be sub- 
 stituted for references to a municipal election or to an election to a 
 corporate office. "Parish or United Parishes" and in Section 93 
 (2) "Poor Law Union" shall be deemed to be substituted for 
 " Borough," " Poor Rate of the Parish or Poor Rates of the United 
 Parishes" shall be substituted for "Borough Fund or Borough 
 Rate," " Returning Officer" shall be substituted for "Town Clerk," 
 and "voter " shall mean " a parochial elector or a person who votes 
 or claims to vote at an election of Guardians. 
 
 Adaptation of the Municipal Elections {Corrupt and Illegal Practices) 
 Act, 1884. 
 
 27. In the application of the Municipal Elections (Corrupt and Illegal 
 Practices) Act, 1884, the following adaptations and alterations shall have 
 effect : — 
 
 (I.) Such application shall be subject to the provisions of this Order. 
 
 (2.) The expressions "Parish or United Parishes," "Returning Officer 
 at election of Guardians," and " Poor Rate of the Parish or Poor Rates of 
 the United Parishes" shall be deemed to be substituted in the Act for 
 " Borough," " Town Clerk," and " Borough Fund or Rate," respectively. 
 
 (3.) The expression "corporate office" in the Act shall mean "the 
 office of guardian," and a "municipal election" shall mean "an election 
 of one or more guardians;" and the expressions "municipal election 
 court," " municipal election list," and "municipal election petition" shall 
 be construed accordingly. 
 
 (4.) So much of Section 13 of the Act as permits one polling agent to be 
 employed in each Polling Station shall not apply, except so far as the 
 employment of polling agents is permitted by Rule 19 of this Order. 
 
 (5.) An election petition complaining of the election on the ground of an 
 illegal practice may be presented at any time within six weeks after the day 
 of election. 
 
 (6.) A petition relating to the election of a Guardian for a Parish may 
 be tried at any place within the Poor Law Union in which the Parish is 
 situate. 
 
 (7.) In Section ^4 " Burgess Roll" shall mean "Register of Parochial 
 Electors." 
 
 (8.) Section 37 of the Act shall be read as if a reference to an election of 
 Guardians was substituted for a reference to any of the elections mentioned 
 in the First Schedule to the Act. 
 
 When Guardians come into Office. 
 
 28. The Guardians elected shall come into office on Friday, the 
 Twenty-eighth day of December, One thousand eight hundred and 
 ninety-four.
 
 Guardians {Outside Londoi) Election Order, 1S94. 431 
 
 Expenses, 
 
 29. — (i.) Any sum which may be payaljlc to the Returning Oftlcer in 
 respect of his services in taking a poll in the Parish, or in respect of expenses 
 incurred in relation to such poll, shall be defrayed by the Guardians of 
 the Poor Law Union, and shall be charged to the J'arish in their accounts. 
 
 (2.) Any other sum whicli may be jiayablc to the Returning ( )lKcer in 
 respect of his services in the conduct of the election, or in respect of expenses 
 incurred in relation to the election, shall be defrayed by the Guardians, and 
 shall, in the case of a Union, be charged to the Common Fund. 
 
 (3.) If polls for the election of Guardians and Urban District Councillors 
 are taken together, one half of any expenses which may be payable in 
 respect of the two polls jointly, including the remuneration of any officers 
 employed in the conduct thereof, shall be deemed to have been incurred 
 in relation to the poll for the election of Guardians, and shall be defrayed 
 accordingly. 
 
 Parish iti more than one County. 
 
 30. If the Parish is situate in more than one County it shall for the 
 purposes of this Order be deemed to be wholly situate in the County which, 
 according to the Census of One thousand eight hundred and ninety-one, 
 contains the larger part of its population. 
 
 Wards. 
 
 31. — (i.) If the Parish is divided into Wards for the election of Guardians, 
 the foregoing Rules shall apply to each of such Wards as if it were a 
 Parish. 
 
 (2.) Provided that if a Parish is so divided, an elector shall not be 
 permitted to vote in more than one Ward. 
 
 C3.) Provided also, that any sum which, in pursuance of this Rule and 
 of Rule 29, would be charged to any Ward shall be charged to the Parish 
 in which the Ward is situate. 
 
 United Parishes. 
 
 32. — (i.) If the Parish is united with any other Parish for the election of 
 Guardians the foregoing Rules shall, subject as hereinafter mentioned, apply 
 to such Parishes as if such Parishes formed the Parish. 
 
 (2.) In the case of any such United Parishes the questions which under 
 Rule 20 the Presiding Officer may, and if required by any parochial elector 
 cr by any Polling Agent appointed under Rule 19 shall, put to any elector 
 shall be as follows : — 
 
 ((?.) Are you the person entered in the parochial register for one of the 
 United Parishes, viz., the Parish of , as follows 
 
 \read the -whole entry from the register] ? 
 (/'.) Have you already voted at the present election of Guardians in either 
 of the United Parishes of and , or in any 
 
 other Parish or Ward in the Union? 
 
 (3.) Any sum which, in pursuance of this Rule and of Rule 29 (l), would 
 be charged to the United Parishes shall be divided between them in 
 proportion to the number of parochial electors registered in such Parishes 
 respectively. 
 
 Publication of Not ices. 
 
 33. Any public notice required by this Order shall be given by posting 
 the same on or near the principal door of each Church and Chapel in the 
 Parish, and in some conspicuous place or places within the Parish. 
 
 Appendix.
 
 Appendix. 
 
 432 Guardians {Outside Londoii) Election Order, 1894. 
 
 Mark instead of Signahire. 
 
 34. In place of any signature required by this Order, it shall be sufficient 
 for the signatory to affix his mark, if the same is witnessed by two parochial 
 electors. 
 
 Alisiioiuer. — Inaccurate descriptions. 
 
 35. No misnomer or inaccurate description of any person or place 
 named in any notice or nomination paper under this Order shall hinder the 
 full operation of such notice or paper with respect to that person or place, 
 provided the description of that person or place is such as to be commonly 
 understood. 
 
 Definitio)i of Urban Parish. 
 
 36.' In this Order an Urban Parish means a Parish which will be 
 situate in one or more Urban Districts on the " appointed day " on which 
 the Urban District Councillors first elected under the Local Government 
 Act, 1894, come into office. 
 
 Title of Order. 
 
 211. This Order may be cited as the "Guardians (Outside London) 
 Election Order, 1894." 
 
 FIRST SCHEDULE. 
 
 Form No. i. 
 
 Notice of Election. 
 [This Form is set out, ante, p. 97.] 
 
 Form No. 2. 
 Statement as to Persons nominated. 
 [This Form is set out, ante, p. 123.] 
 
 Form No. 3. 
 N^otice that no Poll 7vill be taken. 
 [This Form is set out, ante, p. 127.] 
 
 Form No. 4. 
 Notice of Poll. 
 [This Form is set out, ante, p. 186.] 
 
 Form No. 5. 
 Notice of Poll. 
 [This Form is set out, ante, p. 187.] 
 
 Form No, 6. 
 
 Declaration of Result of Poll. 
 [This Form is set out, ante, p. 309.]
 
 Giuirdiaus [Outside London) Election Order, 1894. 433 
 
 Form No. 7. Aiiendix. 
 
 Notice of Result of Elections. 
 (This Form is set out, ante, p. 127.] 
 
 SECOND SCHEDULE. 
 
 Provisions of the Ballot Act, 1872, as adapted and altered 
 IN their Application to the Election of Guardians. 
 
 Procedure at Elections of Guardians. 
 
 Foil at Elections. 
 
 2. 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, ard 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 ofticer") after having shown to him the official mark 
 at the back. 
 
 If in the register of jjarochial electors for a parish the same number is 
 placed opposite to the name of more than one parochial elector, the 
 returning officer shall put a distinguishing mark on each part of the 
 register which contains numbers used in other parts of the register, and 
 when the number of any voter on any part of the register is entered on 
 the counterfoil of a ballot paper, the mark on that part shall also be 
 entered thereon. 
 
 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. 
 
 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 oihcer 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 candidate to whom the majority of votes have been given. 
 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. 
 
 Offences. 
 
 Offences in respect of Ballot Papers and Ballot Boxes. 
 
 3. Every person who— 
 
 (I.) Forges or counterfeits or fraudulently defaces or fraudulently 
 
 destroys any ballot paper, or the official mark on any ballot 
 
 paper ; or 
 
 2 F
 
 434 Gitardians {Outside London) Election Order, 1894. 
 
 Appendix. (2.) Without due authority supplies any Ijallot j^aper to any person ; or 
 
 (3.) Frau(kilently puts into any ballot box any paper other than the 
 
 ballot paper which he is authorised by law to put in ; or 
 (4.) Fraudulently takes out of the pollinn; station any ballot paper ; or 
 (5.) "Without due authority destroys, takes, opens, or otherwise interferes 
 with any ballot box or packet of ballot papers then in use for the 
 purposes of the election ; 
 shall be guilty of a misdemeanor, 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. 
 
 Any attempt to commit any offence specified in this section shall be 
 punishable in the manner in which the offence itself is punishable. 
 
 In any indictment or other prosecution for an offence in relation to the 
 ballot boxes, ballot papers, and marking instruments at an election, the 
 property in such papers, boxes, and instruments may be stated to be 
 in the returning officer at such election, as well as the property in the 
 counterfoils. 
 
 Infringement of Secrecy. 
 
 4. Every officer, clerk, and agent in attendance at a polling station 
 shall maintain and aid in maintaining the secrecy of the voting in such 
 station, and shall not 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 parochial electors of any elector who 
 has or has not applied for a ballot paper or voted at that station, or as to 
 the official mark, and no such officer, clerk, or agent, and no 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. Every 
 officer, clerk, and agent in attendance at the counting of the votes shall 
 maintain and aid in maintaining the secrecy of the voting, and shall not 
 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 
 ]3erson shall directly or indirectly induce any voter to display his ballot 
 paper after he has 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. 
 
 Every person who acts in contravention of the provisions of this section 
 shall be lialile, on summary conviction before two justices of the peace, 
 to imprisonment for any term not exceeding six months, with or without 
 hard labour. 
 
 Use of School and Puulic Room for Poll. 
 
 6. The returning officer at an election of guardians may use, free of 
 charge, for the purpose of taking the ]>oll or for counting the votes at such 
 election, any room in a school receiving a grant out of moneys provided 
 by Parliament, and any room the exjiense 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 or for counting the votes as 
 aforesaid. 
 
 The use of any room in an unoccupied house for taking the poll shall not 
 render any person liable to be rated or to pay any rate for such house.
 
 Giiardiaus (^Outside Londoii) Election Order, 1894. 435 
 
 Duties of Returning and Election Officers. ArPENoix. 
 
 General Foiuers and Duties of Returning Officer. 
 
 8. Sulijoct 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 parochial electors, and 
 other things, appoint and pay such oflicers, and do such other acts and 
 things as may be necessary for effectually conducting the election. 
 
 Every deputy returning officer shall, in so far as he acts as returning 
 officer, be deemed to be included in the term returning officer.* 
 
 Keeping of Order in Station. 
 
 9. 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 presiding 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 commission 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. 
 
 Powers of Presiding Officer and Admiiiistration of Oaths, ^c. 
 
 10. For the purpose of the adjournment of the poll, a presiding officer 
 shall have the power by law belonging to a deputy returning officer in a 
 parliamentary election ; and any presiding officer and any clerk appointed 
 by the returning officer to attend at a polling station shall have the power 
 of asking the questions and administering the oath authorised 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. 
 
 Liability of Officers for Misconduct. 
 
 11. Every returning officer, presiding officer, and clerk who is guilty of 
 any wilful nnisfeasance or any wilful act of 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. 
 
 No returning officer or officer appointed by him" in connection with the 
 election of guardians for any parish, nor any partner or clerk of any such 
 officer, shall act as agent for any candidate in the management or conduct 
 of his election as a guardian. If any returning officer or officer appointed 
 by him, or the partner or clerk of any such officer, shall so act, he shall be 
 guilty of a misdemeanor. 
 
 Miscellaneous. 
 Prohibition of Disclosure of Vote. 
 
 12. No person who has voted at an election shall, in any legal proceeding 
 
 * This paragraph appears also in the Urban District Councillors' Election Order i8q4 
 but not in the Rural District Councillors' Election Order, i8j4. ' 
 
 2 F 2
 
 43^ Guardians {Outside London) Election Order, 1894. 
 
 Appendix. (q question the election or return, be required to slate for whom he has 
 voted. 
 
 Noii-compliaiice ivith /vuks. 
 
 13. No election shall be declared invalid by reason of a defect in the 
 title or appointment of the returning officer or deputy returning officer, or 
 of a non-compliance with the rules contained in the First Schedule to this 
 Act or in the Guardians (Outside London) Election Order, 1894, or any 
 mistake in the use of the forms in the Second Schedule to this Act or in 
 the said Order, if it appears to the tribunal having cognizance of the 
 question that the election was conducted in accordance with the principles 
 laid down in the body of this Act and of the Local Government Act, 1894, 
 and that such non-compliance or mistake did not affect the result of the 
 election. 
 
 Personation, 
 Defijiitmi and Ftiiiishvient of Personation. 
 
 24. The following enactments shall be made with respect to personation 
 at an election of guardians : 
 
 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 em- 
 powered to allow the same in cases of felony. 
 
 Sections 86 to 89, both inclusive, of the Parliamentary Voters' Regis- 
 tration Act, 1843, shall apply to personation at an election of guardians 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 Act, but with the substitution of the words " any parochial elector or 
 any agent appointed under the Guardians (Outside London) Election Order, 
 1894," for "any such agent so appointed as aforesaid " or for any reference 
 to any such agent, and of " the presiding officer " for " the returning officer 
 or his respective deputy." 
 
 Effect of Schedules. 
 
 28. The schedules to this Act, and the notes thereto, and directions 
 therein shall be construed and have effect as part of this Act. 
 
 SCHEDULES TO ACT. 
 
 First Schedule to Act. 
 
 Rules for Elections of Guardians. 
 The Pott. 
 
 15. At every polling place the returning officer shall, subject to the 
 provisionsof the Guardians (Outside London) Election Order, 1S94, 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. 
 
 17. A separate room or separate booth may contain a separate polling
 
 Guardians (Outside London) Election Order, 1894. 437 
 
 station, or several iiolling stations may be constructed in the same room or Aitendix. 
 booth. 
 
 18. No person shall be ailmitted to vote at any polling station except the 
 one allotted to him. 
 
 20. The returning officer shall provide each polling station with materials 
 for voters to mark the ballot papers, with instruments for stamping thereon 
 the official mark, and with copies of the rt-gister of voters, or such part 
 thereof as contains the names of the voters allotted to vote at such station, 
 lie shall keep the official mark secret. 
 
 21. The presiding officer appointed to preside at each station 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 names : it shall be in the form 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 therefrom, without the box 
 being unlocked. The presiding oflicer 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 description of the elector as stated 
 in the copy of the register shall be called out, and the number of such 
 elector, together with the distinguishing mark, if any, of the part of the 
 register in which the number occurs shall, as required by Section 2 of this 
 Act as adapted, 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 z ballot paper, but without showing the particular ballot paper 
 which he nas 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 by this Act, or (if the pell 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 declaration 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 declaration of 
 inability to read," shall be made by the voter at the time of polling, before 
 the presiding ofiicer, who shall attest it in the form herein-after mentioned,
 
 43^ Guardians {Outside Londoii) Election Order, 1894. 
 
 Appendix. and no fee, stamp, or other payment 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 person has voted as 
 such elector, the applicant shall, upon duly answering the questions per- 
 mitted by the Guardians (Outside London) Election Order, 1894, to be 
 asked of voters at the time of polling, and upon taking an oath in the form 
 herein-after set out, -vx hich the presiding officer shall administer, 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) shall 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." 
 
 The oath shall be administered in the following form : — 
 " You do swear that you are the same person whose name appears as 
 A.B. on the Register of Parochial Electors for the Parish of 
 \o7- Ward of the Parish of 1, and that you have not already 
 
 voted at the present election of Guardians in this or any other Parish or 
 Ward in the Union. ,, g^ ^^^^^, ^^^ ^^^^,, 
 
 Provided that any person entitled to affirm in lieu of taking an oath may 
 affirm in the following form : — 
 
 " I, A.B., do solemnly, sincerely, and truly declare and affirm that lam 
 the same person whose name aj^pears as A.B. on the Register of Parochial 
 Electors for the Parish of \or Ward of the Parish of 
 
 ], and that I have not already voted at the present election of 
 Guardians in this or any other Parish or Ward in the Union." 
 
 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 make up into separate packets sealed with his 
 seal, — 
 
 (i.) Each ballot box in use at his station, unopened but with the key 
 
 attached ; and 
 (2.) The unused and spoilt ballot papers, jilaced together ; and 
 (3.) The tendered ballot papers ; and 
 (4.) The marked copies of the register of parochial electors, and the 
 
 counterfoils of the ballot papers ; and 
 (5.) The tendered votes list, and the listof voles 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," "Jews," and " unable to read," and the declarations 
 of inability to read ; 
 and shall deliver such packets to the returning officer, or deputy returning 
 officer by whom the votes are to be counted, unless he is himself such 
 officer. 
 
 30. The packets shall be accompanied by a statement made by such 
 presiding officer, showing the number of ballot paj^ers 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.
 
 Guardians {Outside London) Election Order, 1894. 439 
 
 Counting Votes. Appendix. 
 
 31. Each candidate may appoint an a;^'ent to attend the counting of 
 the votes. 
 
 32. The returning ofliccr 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, and shall give to the agents of the candidates 
 appointed to attend at the counting of tlie votes notice in writing of the 
 time and place at which he will begin to count the same. 
 
 33. The returning oflicer, his assistants and clerks, the agents of the 
 candidates, and no other person, except wiili the sanction of the returning 
 oflicer, may be present at the counting of the votes. 
 
 34. If a poll has been taken as to the election of guardians only, before 
 the returning oflicer 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. If polls have been taken at the same date for the election both 
 of guardians and of urban district councillors before the returning officer 
 proceeds to count the votes, he shall, in the presence of the agents of the 
 candidates, open one of the ballot boxes and taking out the papers 
 therein shall separate those relating to the election of guardians from 
 any relating to the election of urban district councillors, and shall count 
 and record the number of ballot papers relating to each election. He 
 shall then secure the ballot papers relating to each election by placing 
 them in separate packets under his own seal, and the seals of such of 
 the agents of the candidates as desire to afHx their seals, and shall 
 proceed in like manner with any other ballot boxes and the papers 
 therein. When all the ballot boxes and the papers therein have been 
 so dealt with, he shall open all the packets of ballot papers relating to 
 one election, and shall mix all such papers together, and shall proceed to 
 count the votes, keeping the papers relating to any other election sealed 
 up until he ha^ completed such counting. He shall afterwards deal in 
 manner aforesaid with the packets and papers relating to the other 
 election or elections. 
 
 The returning officer, while counting and recording the number of 
 ballot papers and counting the votes, shall keep the ballot papers with 
 their faces upwards, and take all proper precautions for preventing any 
 person from seeing the numbers printed on the backs of such papers. 
 
 35. The returning officer shall, so far as practicable, proceed continuously 
 with counting the votes, allowing only time for refreshment, and excluding, 
 in and so far as he thinks it necessary, the hours between the close of the 
 poll 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. 
 
 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 draw up a statement showing the number 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 to copy such 
 statement. If the votes are counted by a deputy returning officer, he 
 shall, with the declaration of the result of the poll, report to the returning
 
 440 Giiardiaus {Outside Londoii) Election Order, 1894. 
 
 officer the number of ballot papers rejected and not counted liy him, 
 under the above heads, and no such statement as aforesaid shall be 
 drawn up by the returning officer. The deputy returning officer shall, 
 on request, allow any agents of the candidates, before such report is sent in, 
 to copy it. 
 
 37. Upon the completion of the counting, the returning officer shall seal' 
 up in separate packets the counted and rejected ballot papers. He shalP 
 not open the sealed packet of tendered ballot papers or marked copy of the 
 register of voters and counterfoils, but shall proceed, in the presence of the- 
 agents of the candidates, to verify the ballot paper account given by each 
 presiding oflicer 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 draw up a statement as to. 
 the result of such verification, and shall, on request, allow any agents of 
 the candidates to copy it. 
 
 If the votes are counted by a deputy returning officer, he shall report to. 
 the returning officer the result of the verification, and no such statement as 
 aforesaid shall be drawn up by the returning officer. The deputy returning 
 officer shall, on request, allow any agents of the candidates, before such 
 report is sent in, to copy it. He shall with his report send to the returning- 
 officer the sealed packets of counted and rejected ballot papers, and the 
 unopened sealed packets which he has received from any presiding officer. 
 
 38. Lastly, the returning officer shall carefully preserve for th.e period 
 herein-after mentioned all the packets of ballot papers in his possession,, 
 together with the said reports, the 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, endorsing on each packet a description of its 
 contents and the date of the election to which they relate, and the name of 
 the parish for which such election was held. 
 
 39. The returning officer shall retain for six months all documents- 
 relating to an election of guardians, and then, unless otherwise directed by 
 an order of the county court having jurisdiction in the parish or in any part 
 thereof, or of any tribunal in which the election is questioned, shall cause 
 them to be destroyed. 
 
 40. No person shall be allowed to inspect any rejected Ijallot papers in 
 the custody of the returning officer, except under the order of the county 
 court or tribunal aforesaid, to be granted by such court or tribunal on being; 
 satisfied by evidence on oath that the inspection or production of such 
 ballot papers is required for the purpose 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 inspection or productionj 
 as the court or tribunal making the same may think expedient, and shall be 
 obeyed by the returning officer. 
 
 41. No person shall, except by order of the county court having juris- 
 diction in the parish or any part thereof, or of any tribunal having cognizance 
 of any question relating to the election, 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 returning officer. 
 Such order may be made subject to such conditions as to persons, time, 
 place, and mode of opening or inspection as the court or tribunal making 
 the order may think expedient : Provided that on making and earning 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 beea 
 proved to have voted, and his vote has been declared by a competent court 
 to be invalid. 
 
 42. All documents in the custody of a returning officer, in pursuance of
 
 Guardians {Outside Lojtdon) Election Order, 1894. 441 
 
 this Act, otlier than baUol papers cind counterfoils, shall le open to puljlic Apprndix. 
 inspection at such time and under such regulations as may be prescribed by 
 the council of the county or county borough in which the parish is situate, 
 and the returning officer 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 made by the council. 
 
 43. Where an order is made for the production by the returning^ officer 
 of any document in his 'possession relating to any specified elections of 
 guardians the production by such officer or his agent of the document 
 ordered, in such manner as may be directed by such order, or by an order 
 of the court having power to make such first-mentioned order, shall be 
 conclusive evidence that such document relates to the specified election ; 
 and any endorsement appearing on any packet of ballot papers produced 
 by such returning officer or his agent shall be evidence of such papers being 
 what they arc 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. 
 
 43. («.) There shall be an appeal from any order of the county court 
 under these rules in like manner as in other cases in such court. 
 
 General Provisions. 
 
 47. If the returning officer presides at any polling station, 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. The returning officer may, in addition to any clerks, appoint compe- 
 tent 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, exclusion, or ejection from the polling 
 station of any person. 
 
 51. A candidate may himself undertake the duties which any agent of 
 his, if appointed undea' Rule 31 of this Schedule, might have undertaken, 
 and may, if he does not appoint such an agent, be present at the counting 
 of the votes, or may himself take the place of such agent. 
 
 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 the 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 for the purposes of attending a 
 polling station or at the counting of the votes dies, or becomes incapable of 
 acting during the time of the election, another agent may be appointed in 
 his place, and notice shall forthwith be given to the returning officer in 
 writing of the name and address of any agent so appointed. 
 
 54. Every returning officer, and every officer, clerk, or agent authorised 
 to attend at a polling station, and also every officer, clerk, or agent 
 authorised to attend at the counting of the votes, shall, before the opening
 
 442 Guardiaiis {Outside London) Election Order, 1894. 
 
 Appendix. 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 declaration 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 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 thin" done. 
 
 Second Schedule to Act. 
 
 Note. — The forms contained in this schedule, or forms as nearly re- 
 sembling 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. 
 
 ^J ■^p Foriti of Ballot Paper. 
 
 ^JSp^ Form of Front of Ballot Paper. 
 
 Counterfoil ;^§^ ELECTION OF GUARDIANS. 
 
 No. . ^ffi'®'^ 
 
 1 
 
 BROWN 
 
 (John Brown, of Water Lane, Agri- 
 cultural Labourer). 
 
 
 2 
 
 GREEN 
 
 (Robert Green, of Mudford, Shoe- 
 maker). 
 
 
 3 
 
 JONES 
 
 (William David Jones, of Claygate 
 P'arm, Farmer). 
 
 
 4 
 
 MERTON 
 
 (Hon. George Travis, commonly called 
 
 Viscount Merton, of Swanworth, 
 
 Wilts, Gentleman). 
 
 5 
 
 ROBINSON 
 
 (Henry Robinson, of High Street, 
 Grocer). 
 
 
 6 
 
 SMITH 
 
 (Mary Elizabeth Smith, of Lavender 
 Cottage, Married Woman). 
 
 
 Note :— - 'Ja,| 
 
 The counter- kj-^« 
 foil is to tiave''^^^- 
 a manlier to _^x 
 correspond 7vith <s-^L , 
 that on the back <^ ' 
 of the Ballot ^^ 
 Paper. .>B 
 
 Form of Back of Ballot Paper. 
 No. 
 
 Election of Guardians for Parish \pr United Parishes or 
 
 Ward of Parish]. 
 
 1894. 
 iV(7/'t'.— The number on the ballot paper is to correspond with that on the 
 counterfoil.
 
 Guardians {Outside London) Election Order, 1S94. 443 
 
 Directions as to printing Ballot Paper. Appendix. 
 
 Nothint; is to be printed on the ballot paper except in accordance 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 lartje characters, as shown in the form, and the names, places of 
 abode, and descriptions, and the number on the back of the paper, shall be 
 printed in small characters. 
 
 Form of Dit'ection for the Guidance of the Voter in voting, li'hich shall be 
 printed in cotispicuoiis Characters, and placarded oiitside roery Polling 
 Station and in roery Cotnpartment of every Foiling Station. 
 
 The voter may vote for candidates as guardians. 
 
 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 . 
 
 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 inadventently 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 votes for more than candidates, 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 misdemeanour, and be subject to imprisonment for any 
 term not exceeding six months, with or without hard labour. 
 
 N'ote. — These directions shall be illustrated by examples of the ballot 
 paper. 
 
 Form of Statutory Declaration of Secrecy. 
 
 I solemnly promise and declaie. That I will not at this election of 
 Guardians for the Parish of \or United Parishes of 
 
 or Ward of the Parish of ], do anything 
 
 forbidden by section four of The Ballot Act, l'S72, which has been read 
 to me. 
 
 A'ote. — The section must be read to the declarant by the person taking 
 the declaration. One declaration may be made by the Returning Officer 
 in respect of all the Parishes for which he is Returning Officer. 
 
 Form of Declaration of inability to read. 
 
 I, A. P., of , being numbered on the 
 
 Register of Parochial Electors for the Parish of , do hereby 
 
 declare that I am unable to read. 
 
 A. P., his mark 
 
 day of December, 1894.
 
 444 Guardians {Outside Londoii) Election Order, 1894. 
 
 Appendix. I, the undersigned, being the Presiding Officer for the 
 
 poUing station for the Parish of {or United Parishes of 
 
 oy Ward of the Parish of ], do liereby certify- 
 
 that the above declaration, having been first read to the above-named 
 A.B,, was signed by him in my presence witir his marlc 
 
 Signed, CD., 
 Presiding Officer for poUing station 
 
 for the Parish of [or United Parishes of 
 
 or Ward of the Parish of ], 
 
 day of December 1S94. 
 
 THIRD SCHEDULE. 
 
 Sections 74 and 75 of the Municipal Corporations Act, 1882, as 
 adapted and altered in their application to the election 
 OF Guardians. 
 
 Offc/iccs in relation to Nomination Papers. 
 
 74. — (i.) If any person forges or fraudulently defaces or fraudulently 
 destroys any nomination paper, or delivers to the returning officer any forged 
 nomination paper, knowing it to be forged, he shall be guilty of a misde- 
 meanor, and shall be liable to imprisonment for any term not exceeding six 
 months, with or without hard labour. 
 
 (2.) An attempt to commit any such offence shall be punishable as the 
 offence is punishable. 
 
 Neglect of Duty by Retnrning Officer or Deputy Returning Officer. 
 
 75. — (i.) If a person who has undertaken to act as returning officer, or 
 deputy returning officer, at an election of guardians, neglects or refuses to 
 conduct or declare the election in manner provided by ihe Local Govern- 
 ment Act, 1S94, and the Guardians (Outside London) Election Order, 
 1S94, he shall for every such offence be liable to a fine not exceeding one 
 hundred pounds, recoverable by action. 
 
 (2.) An action under this section shall not lie after three months from 
 the neglect or refusal. 
 
 FOURTH SCHEDULE. 
 
 Provisions of the Municipal Corporations Act, 1S82, and the 
 Enactments amending the same, with respect to the 
 Acceptance of Office, re-eligibility of Holders of Office, 
 and filling of Casual Vacancies, as adapted and altered 
 IN THEIR Application to the Election of Guardians. 
 
 Obligatiojt to accept Office or pay Fine. 
 
 34. — (I.) Every ''qualified person elected to the office of guardian, 
 unless exempt under this section or otherwise by law, cither shall accept 
 the office by making and subscribing the declaration required by this Act 
 within one month after notice of election, or shall, in lieu thereof, be 
 liable to pay to the board of guardians a fine of such amount, not 
 exceeding fifty pounds, as the guardians by regulation determine. 
 
 (2.) If there are no regulations determining fines, the fine shall be 
 twenty pounds.
 
 Guardians {^Outside London) Election Order, 1894.. 445 
 
 (3.) Tlie persons exempt under this section arc — Appendix. 
 
 Any person disabled by lunacy or imbecility of mind, or by 
 deafness, blindness, or other permanent infirmity of body. 
 
 (4.) A fine payable under this section shall be recoverable summarily. 
 
 (5.) If a person is elected guardian in more than one parish or other 
 area in the poor law union for which the election is held, he shall not 
 accept office in respect of more than one of such areas, and if he accepts 
 or pays the fine for non-acceptance of office in respect of one of such 
 areas he shall not be liable to a fine for non-acceptance of office in respect 
 of any other of such areas. 
 
 (6.) Any person who has been elected without his consent to his 
 nomination being previously obtained, shall not be liable to a fine under 
 this section. 
 
 Declaration on Acceptance of Office, 
 
 35. A person elected to the office of guardian shall not, until he has 
 made and subscribed before two guardians of the poor law union, or the 
 clerk to the guardians of the union, a declaration in the following form or 
 in a form to the like effect, act in the office except in administering that 
 declaration : — 
 
 Form of Declaration on Acceptance of Office. 
 
 I, A.B., having been elected guardian for the Poor Law Union of 
 in respect of the Parish of \oy of the United Parishes 
 
 of and , or of the Ward 
 
 of the Parish of ], hereby declare that I take the said 
 
 office upon myself, and will duly and faithfully fulfil the duties thereof 
 according to the best of my judgment and ability. 
 
 Dated this day of j 189 . 
 
 This declaration was made and subscribed before us * 
 
 Guardians of the above-named 
 Union. 
 
 Power to receive Declaration. 
 
 239. — (l.) Members of the board of guardians or the clerk shall have 
 authority to receive the declaration required to be made by a guardian 
 •without any commission or authority other than this Act. 
 
 Penalty on acting in office -witkont making Declaration. 
 
 41. — (i.) Tf any person acts in the office of guardian without having 
 made the declaration by this Act required, he shall for each oftence be 
 liable to a fine not exceeding twenty pounds, recoverable by action. 
 
 Pe-cligibility of Office-Holders. 
 
 2n. A person ceasing to hold the office of guardian shall, unless dis- 
 qualified to hold the office, be re-eligible. 
 
 Filling of Castial Vacancies. 
 40. — (I.) On a casual vacancy in the office of guardian, an election shall 
 
 If the declaration is made and subscribed before the Clerk, adapt fOrm accordingly.
 
 44*5 Gnai'dians {Outside Londoii) Election Order, 1894. 
 
 ArrENDix. Y,^ \\t\^ in accordance with rules framed under the Local Government Act, 
 1894 ; and the person elected shall hold the office until the time when the 
 person in whose place he is elected would regularly have gone out of office, 
 and he shall then go out of office. 
 
 (2.) In case of more than one casual vacancy in the office of guardian 
 being filled at the same election, the guardian elected by the smallest 
 number of votes shall be deemed to be elected in the place of him who 
 would regularly have first gone out of office, and the guardian elected by 
 the next smallest number of votes shall be deemed to be elected in the 
 2jlace of him who would regularly have next gone out of office, and so with 
 respect to the others ; and if there has not been a contested election, or if 
 any doubt arises, the order of rotation shall be determined by the board of 
 guardians. 
 
 (3.) Non-acceptance of office by a person elected creates a casual 
 vacancy. 
 
 T'nnc for fining Casual Vacancies. 
 
 66. — (i.) On a casual vacancy in the office of guardian, the election 
 shall be held within one month after notice in writing of the vacancy has 
 been given to the chairman of the board of guardians or to the clerk by two 
 guardians. 
 
 (3.) The day of election shall be fixed by the clerk to the guardians. 
 
 (4.) Nothing in this Act shall authorise or require a returning officer to 
 hold an election to fill a casual vacancy which occurs within six months 
 before the ordinary day of retirement from the office in which the vacancy 
 occurs, and the vacancy shall be filled at the next ordinary election. 
 
 Given under the Seal of Office of the Local Government 
 Board, this Twenty-ninth day of September, in the 
 year One thousand eight hundred and ninety-four. 
 
 G. SHAW LEFEVRE. 
 
 President, 
 
 WALTER FOSTER. 
 HUGH OWEN. 
 
 Secretaries. 
 
 RULES AS TO NOMINATION AND ELECTION OF URBAN 
 DISTRICT COUNCILLORS, 1894. 
 
 General Order, 29th September, 1894. 
 
 To the County Council of every Administrative County in 
 England and Wales, except the Administrative County of London ;— 
 
 To the Urban Sanitary Authority of every Urban Sanitary District in 
 England and Wales, which is not a Borough ; — 
 
 To the Clerk to every such Urban Sanitary Authority ; — • 
 
 And to all others whom it may concern. 
 
 Whereas by Section 21 of the Local Government Act, 1S94, it is, 
 amongst other things, enacted as follows : — 
 
 " 21. As from the appointed day : — 
 
 " (I.) Urban Sanitary Authorities shall be called urban district councils, 
 and their districts shall be called urban districts ; but nothing in this
 
 Urban District Councillors Election Order, 1894, 447 
 
 section shall alter the style or title of the corporation or council of a Aitemdix. 
 
 Borough ; — • 
 
 ****** 
 
 "(3.) In this and every other Act of Parliament, unless the context 
 otherwise requires, the expression ' district council ' shall include the 
 council of every urban district whether a borough or not, * * * and 
 the expression ' county district ' shall include every urban * * * district, 
 whether a borough or not." 
 
 And whereas by Section 23 of the said Act, it is, amongst other things, 
 enacted as follows : — 
 
 " 23. As from the appointed day, where an urban district is not a 
 
 borough — 
 
 ****** 
 
 " (2.) A person shall not be qualified to be elected or to be a councillor 
 unless he is a parochial elector of some parish within the district, or has 
 during the whole of the twelve months preceding the election resided in 
 the district, and no person shall be disqualified by sex or marriage for being 
 elected or being a councillor. So much of any enactment, whether in a 
 public general or local and personal Act, as relates to the qualification of 
 a member of an urban sanitary authority shall be repealed : 
 
 " (3.) The parochial electors of the parishes in the district shall be the 
 electors of the councillors of the district, and, if the district is divided into 
 wards, the electors of the councillors for each ward shall be such of the 
 parochial electors as are registered in respect of qualifications within the 
 ward : 
 
 "(4.) Each elector may give one vote and no more for each of any 
 number of persons not exceeding the number to be elected : 
 
 "(5.) The election shall, subject to the provisions of this Act, be con- 
 ducted according to rules framed under this Act by the Local Government 
 Board." 
 
 [The Order then recites L.G.A. s. 48, s. 79, and s. 84, as in the Order 
 relating to the nomination and election of guardians outside London, 
 see ante, p. 422. It then proceeds : — 
 
 Now THEREFORE, We, the Local Government Board, in pursuance of 
 the powers given to Us in that behalf, do, by this Our Order, Direct that 
 the Election of Urban District Councillors in the present year in each 
 District in England and Wales which on the "appointed day" on which 
 the Urban District Councillors first elected under the Local Government 
 Act, 1894, come into office, will be an Urban District other than a Borough 
 herein-after referred to as the Urban District, shall, subject to any directions 
 which may be given by Us, be conducted according to the following Rules, 
 and such Rules shall be observed : — 
 
 ReUn-niug Officer. 
 
 1. — (i.) The Returning Officer shall be the Clerk to the Urban Sanitary 
 Authority. 
 
 (2.) If the Clerk is unwilling to act as Returning Officer, or if the office 
 of Clerk is vacant at the time when any duty relative to the election has to 
 be performed by the Returning Officer, or if the Clerk from illness or other 
 sufficient cause is unable to perform such duty, the Urban Sanitary Autho- 
 rity shall appoint some other person to act as Returning Officer or to 
 perform such of the duties of the Returning Officer as then remain to be 
 performed, as the case may be. 
 
 (3.) If the Urban District is formed by an Order of the County Council 
 which, for that purpose, comes into operation after the date of this Order, 
 the Returning Officer shall be a person appointed by the County Council. 
 
 (4.) The Returning Officer shall appoint an Office for the purposes of 
 the election.
 
 448 Urban District CowiciUors Election Order, 1894. 
 
 Appendix. (^.) The Returning Ofilcer may, in writing, appoint a fit person to be 
 
 ' his deputy for all or any of the purposes relating to the election of Urban 
 
 District Councillors. A Deputy Returning Officer shall have all the 
 
 powers, duties, and liabilities of the Returning Officer in relation to the 
 
 matters in respect of which he is appointed as deputy. 
 
 Day of Election. 
 
 2. — (i.) The day of the election of Urban District Councillors in the year 
 One thousand eight hundred and ninety-four shall be Monday, the 
 Seventeenth day of December in that year, or such other day, not being 
 earlier than Saturday, the Fifteenth day of that month, or later than 
 Wednesday, the Nineteenth ; day of that month, as may, for special 
 reasons, be fixed by the County Council. 
 
 (2.) Provided that, in any Urban District the day of the election of 
 Urban District Councillors and Guardians shall be the same. 
 
 Notice oj Election. 
 
 3. Not later than Saturday, the First day of December, One thousand 
 eight hundred and ninety-four, the Returning Officer shall prepare and sigi 
 a notice of the election, and shall cause public notice to be given of the 
 same in the District. The notice shall be in the Form No. I in the First 
 Schedule to this Order, or in a form to the like effect. 
 
 Nomination of Candidates. 
 
 4. — (i.) Each candidate for election as an Urban District Councillor shall 
 be nominated in writing. 
 
 (2.) The nomination paper shall state the name of the District or Ward 
 for which the candidate is nominated, the surname and other name or 
 names in full of the candidate, and his place of abode and description, and 
 whether he is qualified as a parochial elector of some Parish within the 
 District, or by having during the whole of the twelve months preceding the 
 election resided in the District. It shall be signed by two parochial 
 electors of the District, or, if the District is divided into Wards, of the 
 Ward, as proposer and seconder, and no more, and shall state their 
 respective places of abode. It shall be in the Form set out in the Notice 
 in the Form No. i in the First Schedule to this Order, or in a form to the 
 like effect. 
 
 (3.) The name of more than one candidate shall not be inserted in any 
 one nomination paper. 
 
 (4.) A parochial elector shall not sign more nomination papers than there 
 are Urban District Councillors to be elected for the District or Ward for 
 which the election is to be held. He shall not sign a nomination paper for 
 the District, or for any Ward therof, unless he is registered as a parochial 
 elector in respect of a qualification therein. Neither shall he sign nomina- 
 tion papers for more than one Ward in the Urban District. 
 
 (5.) If any ]iarochial elector shall sign nomination papers for more than 
 one Ward in the Urban District, or shall sign a larger number of nomina- 
 tion papers than the number of Urban District Councillors to be elected 
 for the District or Ward, such of the nomination papers signed by him as 
 relate to the first Ward for which a nomination paper signed by him is received 
 by the Returning Officer shall alone be valid, and of the nomination papers 
 signed by him which relate to the District or to such Ward, such as are 
 first received by the Returning Officer up to the number of Urban District 
 Councillors to be so elected shall alone be valid. Provided that, for the 
 purposes of this paragraph, nomination papers not properly filled up and 
 signed shall be excluded.
 
 Urban District Councillors Election Order, 1894. 449 
 
 Abomination Papers to he Fnn'ided. 
 
 5. The Returning Officer shall provide nomination papers. Any 
 parochial elector may obtain nomination papers from him free of charge. 
 
 Time for sending in Nomination Papers. 
 
 6. Every nomination paper shall be sent to the Returning Officer so that 
 it shall be received at his office not later than two o'clock in the afternoon 
 of Wednesday, the fifth day of December, One thousand eight hundred and 
 ninety-four. A nomination paper received after that time shall not be valid. 
 The Returning Officer shall note on each nomination paper whether it was 
 received before or after that time. 
 
 Dealing with Nominations by Returning Officer, 
 
 7. — (I,) The Returning Officer shall number the nomination papers in the 
 order in which they are received by him ; and the first valid nomination 
 paper received for a candidate shall be deemed to be the nomination of that 
 candidate. 
 
 (2.) The Returning Officer shall, as soon as practicable after the receipt of 
 any nomination paper, examine the same and decide whether it has or has 
 not been properly filled tip and signed by two parochial electors of the 
 District or Ward, and whether it is or is not invalid under Rule 4 (5) or 
 Rule 6. His decision that a nomination paper has been so filled up and 
 signed, and is not invalid as aforesaid, shall be final, and shall not be 
 questioned in any proceeding whatever. 
 
 {3.) If the Returning Officer shall decide that a nomination paper is invalid, 
 he shall put a note on it to this effect, stating the grounds of his decision, 
 and he shall sign such note. 
 
 (4.) After deciding that the nomination of any candidate is valid, or 
 (except where a nomination of any candidate has been decided to be valid) 
 that a nomination paper for the candidate is invalid, the Returning Officer 
 shall, as soon as practicable, send, by post or otherwise, notice of his 
 decision to the candidate. 
 
 Statement as to Persons Nominated. 
 
 8. Not later than; Friday, the seventh day of December, One thousand 
 eight hundred and ninety-four, the Returning Officer shall make out a State- 
 ment in the Form No. 2 in the First Schedule to this Order, or in a form 
 to the like effect, containing the names, places of abode, and descriptions 
 of the persons nominated as Urban District Councillors for the District or 
 for the several Wards thereof, and also containing a notice of his decision 
 as regards each candidate as to whether he has been nominated by a valid 
 nomination paper or not. He shall forthwith cause a copy thereof to be 
 suspended in the Board Room, if any, of the Urban Sanitary Authority, 
 and another to be affixed on the principal external gate or door of the 
 Offices of the Sanitaiy Authority. If there are no such Offices he shall 
 cause such notice to be posted in some conspicuous place or places within 
 the District. 
 
 Withdrawal of Candidate. 
 
 9. Any candidate may withdraw his candidature by delivering or causing 
 to be delivered at the Office of the Returning Officer, not later than four 
 o'clock in the afternoon of Friday, the seventh day of December, a notice 
 in writing of such withdrawal, signed by him. 
 
 2 G 
 
 Appendix.
 
 Appendix. 
 
 450 Urban District Councillors Election Order, 1894. 
 
 Relation of Nomiiiaiion to Election. 
 
 10. Section 56 of the Muncipal Corporations Act, 1882, shall be adapted 
 and altered on its application to the election of Urban District Councillors 
 in the District, so as to provide as follows, and not otherwise : — 
 
 (i.) If the number of valid nominations exceeds that of the persons to be 
 elected as Urban District Councillors, the Councillors shall be elected 
 from amongst the persons nominated. 
 (2,) If the number of valid nominations does not exceed the number of 
 Urban District Councillors to be elected, or if, by the withdrawal 
 of any candidates as provided by Rule 9, the number of candidates 
 for the District is reduced to a number not exceeding the number to 
 be elected, or if the number of candidates is otherwise so reduced, 
 the Returning Officer shall, as early as practicable, give public notice 
 in the District to this effect, stating that no poll will be taken, and 
 that the candidates or the remaining candidates, as the case may be, 
 will be declared to be elected. 
 (3.) He shall forthwith send, by post or otherwise, a copy of such notice 
 
 to each of such candidates. 
 (4.) The notice shall be in the Form No. 3 in the First Schedule to 
 this Order, or in a form to the like effect. 
 
 Day and hours of Poll, 
 
 11.— (I.) The poll, if any, shall be held.on the day of election as fixed by 
 or under Rule 2 of this Order, and the hours during which the poll shall be 
 open shall be such as shall be fixed by the County Council by any general 
 or special order, so, however, that the poll shall always be open between 
 the hours of six and eight in the evening. 
 
 (2.) Provided that in any Urban District the hours during which any poll 
 shall be open for the election of Urban District Councillors and Guardians 
 shall be the same. 
 
 When Polls to be taken together. 
 
 12.— (I.) If the Urban District or any Ward or Wards of the District is 
 or are co-extensive with a Parish or United Parishes or with any Ward or 
 Wards of a Parish for the election of Guardians, or if the District is not 
 divided into Wards such District, or if it is divided into Wards any one 
 Ward of the District, includes the whole of such Parish, United Parish, or 
 Ward of a Parish, the poll for the election of Urban District Councillors 
 for the District, and any poll for the election of Guardians for the Parish, 
 United Parishes, or Ward shall lie taken together. 
 
 (2.) If the County Council shall be of opinion, in any other case, that 
 the polls for the election of Urban District Councillors and for the election 
 of Guardians can conveniently be taken together, they may give directions 
 accordingly to the Returning Officers for the two elections, and the polls 
 for such elections shall thereupon be taken together. 
 
 (3.) The Returning Officer for the election of Urban District Councillors 
 shall act as the Deputy Returning Officer at any poll for the election of 
 Guardians, if the polls for the two elections will be taken together. 
 
 Polling Districts. 
 
 13. — (I.) {a.) Any Parish, or, where a Parish is united with another 
 Parish for the election of Guardians, the United Parishes, shall, if wholly 
 comprised in the Urban District, be a Polling District, or be subdivided 
 into Polling Districts for the election of Urban District Councillors, if a 
 Poll for the said elections and a Poll for the election of Guardians will be 
 taken together.
 
 Urban District Councillors Election Order, 1894. 451 
 
 (/'.) If any Parish is divided into Wards for the election of Guardians, Appendix. 
 paragraph {a.) of this Rule shall apply with the substitution of " Ward" 
 for " Parish." 
 
 {c.) Provided that if any Parish, United Parishes, or Ward of a Parish 
 for the election of Guardians is or are divided into Polling Districts for the 
 election of County Councillors, the whole of each Polling District being 
 comprised in the Parish, United Parishes, or Ward, and the lists of parochial 
 electors are made out in separate parts for such Polling Districts, each 
 district shall, if a Poll for the election of Urban District Councillors and a 
 Poll for the election of Guardians will be taken together, be a Polling 
 District for the election of Urban District Councillors. 
 
 ((/.) .Sul.iject as aforesaid, the Returning Officer may, if he thinks fit, 
 divide the District into Polling Districts for the election of Urban District 
 Councillors, but each District shall consist of an area for which separate 
 lists of parochial electors will be available. 
 
 {c.) The Polling Districts for the election of Urban District Councillors 
 and of any Guardians when the polls for the two elections are taken 
 together shall be the same. 
 
 (2.) If the District is divided into Polling Districts, each parochial 
 elector shall give his vote in the Polling District in which the property in 
 respect of which he is entitled to vote is situate, and if it is situate in more 
 than one Polling District, he may vote in any one (but in one only) of the 
 Polling Districts in which it is situate. 
 
 Polling Places and Stations. 
 
 14. The Returning Officer shall determine the number and situation of 
 the polling places. 
 
 Provided as follows ; — 
 
 {a.) That no premises licensed for the sale of intoxicating liquor shall be 
 used for a polling place ; 
 
 (/'.) That the polling stations for the election of Urban District 
 Councillors and of any Guardians, when the polls for the two 
 elections are taken together, shall be the same ; 
 
 (r.) That, unless the County Council otherwise direct, where the number 
 of parochial electors in the Urban District, or (if the District is 
 divided into Polling Districts) in any Polling District is not more 
 than five hundred, only one polling station shall be provided for the 
 Urban District or Polling District ; and so on for each additional 
 five hundred parochial electors, or for any less number of parochial 
 electors over and above the last five hundred. 
 
 Notice of the Poll. 
 
 15. — (i.) If a poll has to be taken, the Returning Officer shall, five clear 
 days at least before the day fixed for the same, give public notice thereof. 
 The notice shall specify — 
 
 {a.) the day and hours fixed for the poll ; 
 
 (/',) the number of Urban District Councillors to be elected for the 
 
 District ; 
 (<-.) the names, place of abode, and description of each candidate for the 
 
 District whom he has decided to have been nominated by a valid 
 
 nomination paper, and who has not withdrawn his candidature ; 
 ((/.) the names of the proposer and seconder who signed the nomination 
 
 paper of each candidate ; 
 (f.) a description of the polling districts, if any ; and 
 (/".) the situation and allotment of the polling places, and the description 
 
 of the persons entitled to vote thereat and at the several Polling 
 
 Stations. 
 
 2 G 2
 
 452 Urban District Councillors Election Order, 1894. 
 
 Apiendix. (2.) The notice shall be in the Form No. 4 in the First Schedule to this 
 
 Order, or in a form to the like effect. 
 
 (3.) If polls are to be taken together in the District as to the election of 
 both Urban District Councillors and Guardians, the Returning Officer may, 
 if he thinks fit, give one notice only for both polls, and such notice shall be 
 in the Form No. 5 in tlie First Schedule to this Order, or in a form to the 
 like effect. 
 
 Presiding Officers. 
 
 16. The Returning Officer, or some person appointed by hini_ for the 
 purpose, shall preside at each Polling Station. The person presiding at 
 any Polling Station shall be called the Presiding Officer. Provided that 
 at any Polling Station the same person shall act as Presiding Officer for 
 the elections of Urban District Councillors and Guardians, the iJoUs for 
 which are to be taken together. 
 
 Compartments of Polling Stations — Ballot Papers. 
 
 17. The Returning Officer shall furnish every Polling Station with such 
 number of compartments in which the voters can mark their votes screened 
 from observation, and shall furnish each Presiding Officer with such number 
 of ballot papers as may be necessary for effectually taking the poll at the 
 election. 
 
 Polling Agents. 
 
 18. If there are only two candidates, each of them may, in writing, 
 appoint a polling agent for each Polling Station, who may be paid or 
 unpaid. If there are more than two candidates, any number of them, being 
 not less than one-third of the whole number of candidates, may, in writing, 
 appoint one polling agent for each Polling Station, who may be paid or 
 unpaid. Any such appointment shall be delivered at the Office of the 
 Returning Officer not less than two clear days before the day of the poll. 
 Except as aforesaid, no polling agent, whether paid or unpaid, shall be 
 appointed for the purposes of the election. 
 
 Questions to Elector. 
 
 19.— ( I.) The Presiding Officer may, and if required by any parochial 
 elector of the District, or any polling agent appointed under Rule 18 shall, 
 put to any elector at the time of his applying for a ballot paper, but not 
 afterwards, the following questions, or one of them, and no other : — 
 {a.) Are you the person entered in the parochial register for the Parish 
 of \or for the Ward] as follows \i-ead tfie 
 
 lofiole entry from tfie register'] ? 
 [b.) Have you already voted at the present election of Uiban District 
 Councillors for the Urban District of [in this or any 
 
 other Ward] ? 
 (2.) A person required to answer either of these questions shall not 
 receive a ballot paper or be permitted to vote until he has answered it. 
 
 Counting tfie Votes. 
 
 20.— (i.) If the Returning Officer appoints a person to act as Deputy 
 Returning Officer for the District as regards the custody and opening of the 
 ballot boxes, the counting and recording of the votes, and the declaration 
 of the number of votes given for each candidate, and of the election of the 
 candidate or candidates to whom the largest number of votes has been 
 given, the person so appointed shall, in addition to his other powers and 
 duties, have all the powers and duties of the Returning Officer in relation
 
 Urban District Councillors Election Order, 1894. 453 
 
 to the matters aforesaid, and to the decision of any question as to any ballot Appendix. 
 paper and otherwise as to I he ballot papers. 
 
 (2.) If polls for the election both of Urban District Councillors and 
 Guardians are taken together, the same person shall discharge the duties 
 referred to in paragraph (i) of this Rule in relation to both elections. 
 
 (3.) The votes shall be counted in the District or in some place near 
 thereto as soon as practicable after the close of the poll. 
 
 Equality of Votes, 
 
 21. If an equality of votes is found to exist between any candidates, and 
 the addition of a vote would entitle any of such candidates to be declared 
 elected, the Returning Officer or Deputy Returning Officer who counts the 
 votes may, if a parochial elector of the District, give such additional vote 
 in writing, but shall not otherwise be entitled to vote at the election. 
 
 Declaration of Result of Foil. 
 
 22.— (i.) The declaration of the result of the poll shall be in the Form 
 No. 6 in the First Schedule to this Order, or in a form to the like effect. 
 
 (2.) The Returning Officer, or Deputy Returning Officer, as the case 
 may be, making the declaration shall forthwith cause a copy of it to be affixed 
 on the front of the building in which the votes have been counted. If the 
 declaration is made by a Deputy Returning Officer, he shall forthwith send 
 it to the Returning Officer. 
 
 Publication of Result of Election. 
 
 23.— ( I.) The Returning Officer shall prepare and sign a Statement 
 of the result of the election in the District, or in all the Wards of the 
 District, as the case may be, and shall by such notice declare to be elected 
 the persons who, under Rule 10, are to be declared to be elected without 
 a poll being taken. Such persons shall be deemed to have been elected 
 on the day of election fixed by or under Rule 2 of this Order. The notice 
 shall be in the Form No. "] in the First Schedule to this Order, or in a 
 form to the like effect. 
 
 (2.) The Returning Officer shall cause a copy of the Statement to be 
 suspended in the Board Room, if any, of the Urban Sanitary Authority, 
 and he shall also cause public notice thereof to be given. 
 
 Application a7id Adaptation of Ballot Act, 1872. 
 
 24, The provisions of the Ballot Act, 1872, which, with adaptations 
 and alterations, are set out in the Second Schedule to this Order, and 
 only such provisions of that Act, shall, subject to such adaptations and 
 alterations, apply to the election of Urban District Councillors in like 
 manner as in the case of a municipal election. 
 Provided as follows : — 
 
 (I.) Such application shall be subject to the provisions of this Order. 
 (2.) If polls are taken together for the election of Urban District 
 Councillors and Guardians separate ballot boxes shall be used for 
 the two elections respectively, but no vote for any Urban District 
 Councillor shall be rendered invalid by the ballot paper being 
 placed in the box intended for the reception of ballot papers for 
 Guardians. 
 (3.) The ballot papers used at the election of Urban District Councillors 
 shall be of a different colour from that of any ballot papers used 
 in the election of any Guardians in the District when the polls for 
 both elections are taken together.
 
 454 Urban District Councillors Election Order, 1894. 
 
 Application of Municipal Corporations Act, 1S82. 
 
 25. — (i.) The provisions of Sections 74 and 75 of the Municipal 
 Corporations Act, 1882, which, with adaptations and alterations, are set 
 out in the Third Schedule to this Order, and such of the provisions of that 
 Act, and the enactments amending the same, as relate to the acceptance of 
 office, resignation, re-eligibility of holders of oflice, and filling of casual 
 vacancies, and are, with adaptations and alterations, set out in the Fourth 
 Schedule to this Order, shall, subject to such adaptations and alterations, 
 apply to the election of Urban District Councillors and to the persons 
 elected thereat. 
 
 (2.) In the application of Part IV. of the Municipal Corporations Act, 
 1882 (relating to Corrupt Practices and Election Petitions), as amended 
 by the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, the 
 following adajitations and alterations shall have effect : — ■ 
 
 {a.) Such application shall be subject to the provisions of this 
 
 Order. 
 [l>.) References to the election of Urban District Councillors shall be 
 deemed to be substituted for references to a municipal election or 
 to an election to a corporate oflice. " Urban District " shall be 
 substituted for "Borough," "Rate applicable to the general 
 expenses of the Urban District Council " shall be substituted for 
 "Borough Fund or Borough Rate," " Returning Officer " shall be 
 substituted for "Town Clerk," and "voter" shall mean "a 
 parochial elector or a person who votes or claims to vote at an 
 election of Urban District Councillors." 
 
 Adaptation of the Municipal Elections (Corrupt and Illegal Practices) 
 Act, 1884. 
 
 26. In the application of the Municipal Elections (Corrupt and Illegal 
 Practices) Act, 1884, the following adaptations and alterations shall have 
 effect : — 
 
 (l.) Such application shall be subject to the provisions of this 
 Order. 
 
 (2.) The expressions " Urban District or Ward of an Urban District," 
 "Returning Officer of Urban District Councillors," and "Rate 
 applicable to the general expenses of the Urban District Council " 
 shall be deemed to be substituted in the Act for "Borough 
 or Ward," "Town Clerk," and "Borough Fund or Rate," 
 respectively. 
 
 (3.) The expression "corporate office" in the Act shall mean "the 
 oftice of Urban District Councillor," and "a municipal election" 
 shall mean " an election of one or more Urban District Councillors ; " 
 and the expressions "municipal election court," "municipal 
 election list," and " municipal election petition " shall be construed 
 accordingly. 
 
 (4.) So much of Section 13 of the Act as permits one polling agent to be 
 employed in each polling station shall not apply, except so far as 
 the employment of polling agents is permitted by Rule 18 of this 
 Order. 
 
 (5.) An election petition complaining of the election on the ground of 
 an illegal practice may be presented at any time within six weeks 
 after the day of election. 
 
 (6.) In Section 34 of the Act "Burgess Roll " shall mean " Register of 
 Parochial Electors." 
 
 (7-) Section 37 of the Act shall be read as if a reference to an election of 
 Urban District Councillors was substituted for a i-eference to any of 
 the elections mentioned in the First Schedule to the Act.
 
 Urban Districi Councillors Election Order, 1894. 455 
 
 When Urban District Councillors comeunto office. 
 
 27. The Urban District Councillors elected shall come into office on 
 Monday, the Thirty-first day of December, One thousand eight hundred 
 and ninety-four. 
 
 Expenses. 
 
 28. — (i.) Any sum which may be payable to the Returning Officer in 
 respect of his services in the conduct of the election of Urban District 
 Councillors, or in respect of expenses incurred in relation to the election, 
 shall be defrayed by the Urban District Council out of the fund or rate 
 applicable to their general expenses under the Public Health Act, 1875. 
 
 (2.) If polls for the election of Urban District Councillors and Guardians 
 are taken together, one half of any expenses which may be payable in 
 respect of the two polls jointly, including the remuneration of any officers 
 employed in the conduct thereof, shall be deemed to have been incurred in 
 relation to the poll for the election of Urban District Councillors, and shall 
 be defrayed accordingly. 
 
 Wards. 
 
 29. — (i.) If the District is divided into Wards for the election of Urban 
 District Councillors, the foregoing Rules shall apply to each of such Wards 
 as if it were the District. 
 
 (2.) Provided that if the District is so divided, an elector shall not be 
 permitted to vote in more than one Ward. 
 
 (3.) Provided also that any sum which in pursuance of this Rule and of 
 Rule 28 would be charged to any Ward shall be charged to the District. 
 
 Publication of Notices, 
 
 30. Any public notice required by this Order shall be given by posting 
 the same on or near the principal door of each church and chapel in the 
 District, and in some conspicuous place or places within the District. 
 
 Mark instead of Signature. 
 
 31. In place of any signature required by this Order, it shall be sufficient 
 for the signatory to affix his mark, if the same is witnessed by two parochial 
 electors. 
 
 Misnomer. — Inaccurate Description. 
 
 32. No misnomer or inaccurate description of any person or place named 
 in any notice or nomination paper under this Order shall hinder the full 
 operation of such notice or paper with respect to that person or place, 
 provided the description of that person or place is such as to be commonly 
 understood. 
 
 Title of Order. 
 
 33. This Order i-nay be cited as the " Urban District Councillors Elec- 
 tion Order, 1894." 
 
 Appendix. 
 
 FIRST SCHEDULE. 
 
 Form No. i. 
 Notice of Election. 
 [This Form is set out, ante, p. 105.]
 
 456 Urban District Councillors Election Order, 1894. 
 
 Appendix-. FORM No. 2. 
 
 Statciucnt as to Persons noDiinatcd. 
 [This Form is set out, ante, jj. 137.] 
 
 Form No. 3. 
 Notice that no Poll zcill be taken. 
 [This Form is set out, ante, p. 138.] 
 
 Form No. 4. 
 Notice of Poll. 
 [This Form is set out, ante, p. 189.] 
 
 Form No. 5. 
 
 Notice of Poll. 
 
 [This Form is the same as that set out, ante, p. 187 ; see ante, p. 190.] 
 
 Form No. 6. 
 Declaration of Result of Poll. 
 [This Form is set out, a)ite, p. 310.] 
 
 Form No. 7. 
 Notice of Result of Poll. 
 [This Form is set out, ante, p. 139.] 
 
 SECOND SCHEDULE. 
 
 Provisions of the Ballot Act, 1872, as adapted and altered 
 IN THEIR Application to the Election of Urban District 
 Councillors in any District other than a Borough. 
 
 [With the substitution of "urban district councillors" for "guardians," 
 of "urban district" for "parish," and of " Urban District Councillors 
 Election Order, 1894," for "Guardians (Outside London) Election Order, 
 1894," these provisions are the same as those in the last-named Order, 
 ante, p. 433. The forms of oath and affirmation set out under B.A., s. 27, 
 differ slightly from those in the last-named Order, but these are set out, 
 a7ite, pp. 253, 254. The form of ballot paper set out, aiite, p. 181, and of 
 the declaration of secrecy, declaration of inability to read, and declaration 
 on acceptance of office, also differ slightly, but are set out, ante, pp. 197? 
 249, 142.] 
 
 THIRD SCHEDULE. 
 
 Sections 74 and 75 of the Municipal Corporations Act, 18S2, 
 as adapted and altered in their Application to the 
 Election of Urban District Councillors in a District 
 other than a Borough. 
 
 [With the substitution of "Urban District Councillors Election Order, 
 1894," for "Guardians (Outside London) Election Order, 1894," in s. 75, 
 these sections are the same as those in the last-named Order, ante, p. 444-J
 
 Urban District Councillors Election Order, 1894. 457 
 
 FOURTH SCHEDULK. Appendix. 
 
 Provisions of the Municipal CoRroRAXiONS Ac;t, 18S2, and the 
 Enactments amending the same, with respect to the 
 Acceptance of Office, Resignation, Re-eligibility of 
 Holders of Office, and filling of Casual Vacancies, as 
 adapted and altered in their Application to the Elec- 
 tion of Urban District Councillors in any District other 
 than a Borough. 
 
 [With the substitution of "district council" for " board of guardians " 
 and of "urban district councillor" for "guardian," and with the addition 
 of s. 36 {infra), these provisions are the same as those in the Guardians 
 (Outside London) Election Order, 1894, ante, p. 444.] 
 
 Resignation of Office. 
 
 36. — (i.) A person elected as urban district councillor may at any time, 
 by writing signed by him and delivered to the clerk to the urban district 
 council, resign the office, on payment of the fine provided for non- 
 acceptance thereof. 
 
 (2.) In any such case the council shall forthwith declare the office to be 
 vacant, and signify the same by notice in writing, signed by three members 
 of the district council, and countersigned by the clerk, and fixed on the 
 principal external gate or door of the offices of the district council, and 
 the office shall thereupon become vacant. 
 
 Given under the Seal of Office of the Local Government Board, this 
 Twenty-ninth day of September, in the year One thousand eight 
 hundred and ninety-four. 
 
 G. SHAW-LEFEVRE, 
 
 President. 
 
 Walter Foster. 
 Hugh Owen. 
 
 Secretaries. 
 
 RULES AS TO NOMINATION AND ELECTION OF 
 RURAL DISTRICT COUNCILLORS, 1894. 
 
 General Order, 22nd September, 1894. 
 
 To the iCounty Council of every Administrative County in 
 
 England and Wales except the Administrative County of 
 
 London ; — 
 To the Board of Guardians of every Poor Law Union in England and 
 
 Wales, which on the " appointed day " \\ill be co-extensive with or 
 
 will contain a Rural Parish ; — 
 To the Overseers of the Poor of every Rural Parish in England and 
 
 Wales ;— 
 To the Clerk to the Guardians of every such Poor Law Union as 
 
 aforesaid ; — 
 And to all others whom it may concern. 
 
 Whereas by Section 20 of the Local Government Act, 1894, it s, 
 amongst other things, enacted as follows : —
 
 45 8 Rural District Coiuicillors Election Order, 1894. 
 
 Appendix. ' ' 20. As from the appointed day the following provisions shall apply to 
 
 boards of guardians : — ■ 
 
 ***** 
 
 " (2.) A person shall not be qualified to be elected or to be a guardian 
 for a poor law union unless he is a parochial elector of some parish within 
 the union, or has during the whole of the twelve months preceding the 
 election resided in the union, or in the case of a guardian for a parish 
 wholly or partly situate within the area of a borough, whether a county 
 borough or not, is qualified to be elected a councillor for that borough, and 
 no person shall be disqualified by sex or marriage for being elected or being 
 a guardian. So much of any enactment, whether in a public general or 
 local and personal Act, as relates to the qualification of a guardian shall 
 be repealed : 
 
 "(3.) The parochial electors of a parish shall be the electors of the 
 guardians for the parish, and if the parish is divided into wards for the 
 election of guardians, the electors of the guardians for each ward shall be 
 such of the parochial electors as are registered in respect of qualifications 
 within the ward : 
 
 " (4.) Each elector may give one vote and no more for each of any 
 number of persons not exceeding the number to be elected : 
 
 "{5.) The election shall, subject to the provisions of this Act, be 
 conducted according to rules framed under this Act by the Local Govern- 
 ment Board." 
 
 And whereas by Section 21 of the said Act it is, amongst other things, 
 enacted as follows :— 
 
 "21. As from the appointed day * * * 
 
 "(2.) For every rural sanitary district there shall be a rural district 
 council, whose district shall be called a rural district : 
 
 " (3.) In this and every other Act of Parliament, unless the context 
 otherwise requires, the expression 'district council' shall include the 
 council of every * * * rural district, and the expression ' county district ' 
 shall include every * * * rural district * * * " 
 
 And whereas by Section 24 of the said Act it is, amongst other things, 
 enacted as follows : — 
 
 " 24. — (I.) The district council of every rural district shall consist of a 
 chairman and councillors, and the councillors shall be elected by the 
 l^arishes or other areas for the election of guardians in tlie district. 
 
 " (2.) The number of councillors for each parish or other area in a rural 
 district shall be the same as the number of guardians for that parish or area. 
 
 " (3.) The district councillors for any parish or other area in a rural 
 district shall be the representatives of that parish or area on the board of 
 guardians, and when acting in that capacity shall be deemed to be guardians 
 of the poor, and guardians as such shall not be elected for that parish 
 or area. 
 
 "(4.) The provisions of this Act with respect to the qualification, 
 election, and term of office and retirement of guardians, and to the 
 qualification of the chairman of the board of guardians, shall apply to 
 district councillors and to the chairman of the district council of a rural 
 district, and any person qualified to be'a guardian for a union comprising the 
 district shall be qualified to be a district councillor for the district." 
 
 [The Order then recites L.G.A., s. 48, s. 79, and s. 84, as in the Order 
 relating to the nomination and election of Guardians outside London, see 
 autt\ p. 422. It then proceeds : — ] 
 
 JS'ow Thkrefore, We, the Local Government Board, in pursuance of 
 the powers given to Us in that behalf, do, by this Our Order, Direct that 
 the Election of Rural District Councillors in the present year in each 
 Parish in England and Wales which on the " appointed day " will be a 
 Rural Parish shall, subject to any directions which may be given by Us, 
 be conducted according to the following Rules, and such Rules shall be 
 observed : —
 
 Rural District Councillors Election Order, 1894. 459 
 
 Rciiiniing- Officer. 
 
 l._(l.) The Returning Officer shall be the Clerk to the Guardians of 
 the iPoor Law Union in which the Parish is situate or with which it is 
 co-extensive. 
 
 (2.) If the Clerk is unwilling to act as Returning Officer, or if the olhce 
 of Clerk is vacant at the time when any duty relative to the election has to 
 be performed by the Returning Officer, or if the Clerk from illness or other 
 sufficient cause 'is unable to perforin such duty, the Guardians shall appoint 
 some other person to act as Returning Officer or to perform such of the 
 duties of the Returning Officer as then remain to be performed, as the case 
 may be, but the same person shall in all cases be the Returning Officer at 
 the election of the Rural District Councillors and of any Parish Councillors 
 to be elected at the same date ia the Parish. 
 
 (3.) The Returning Officer shall appoint an Office for the purposes of 
 the election. 
 
 (4.) The Returning Officer may, in writing, appoint a fit person to be 
 his deputy for all or any of the purposes relating to the election of Rural 
 District Councillors, and shall appoint such a deputy in the case andfor 
 the purposes mentioned in Rule 20 of this Order. A Deputy Returning 
 Officer shall have all the powers, duties, and liabilities of the Returning 
 Officer in relation to the matters in respect of which he is appointed as 
 deputy. 
 
 (5.) The same person shall act as Deputy Returning Officer in respect of 
 the election both of Rural District Councillors and of any Parish Councillors 
 to be elected at the same date in the Parish. 
 
 Day of Election. 
 
 2. (1.) The day of the election of Rural District Councillors in the 
 Parish in the year One thousand eight hundred and ninety-four shall be 
 Monday, the Seventeenth day of December in that year, or such other day, 
 not being earlier than Saturday, the Fifteenth day of December, One 
 thousand eight hundred and ninety-four, or later than Wednesday, the Nine- 
 teenth day of that month, as may, for special reasons, be fixed by the 
 County Council. 
 
 (2.) Provided that the day of election of Rural District Councillors in 
 the Parish and the day of the poll for the election of any Parish Councillors 
 to be elected at the same date in the Parish shall be the same. 
 
 Notice of Election. 
 
 3.— (I.) Not later than Saturday the First day of December, One 
 thousand eight hundred and ninety-four, the Returning Officer shall, for 
 each Rural District or part of a Rural District comprised in the Poor Law 
 Union in which the Parish is situate or with which it is co-extensive, prepare 
 and sign a notice of the election of Rural District Councillors in the Parishes 
 in the Rural District or part of a Rural District. 
 
 (2.) He shall cause printed copies of the notice to be affixed on or near 
 to the principal door of each church and chapel in each such Parish, and 
 also to be posted in some conspicuous place or places within the Parish. 
 
 (3.) The notice shall be in the Form No. i in the First Schedule to this 
 Order, or in a form to the like effect. 
 
 Abomination of Candidates. 
 
 4. — (I.) Each candidate for election as a Rural District Councillor shall 
 be nominated in writing. 
 
 (2.) 1 he nomination paper shall state the name of the Parish or other 
 area for which the candidate is nominated, the surname and other name or
 
 460 Rtiral District Councillors lilcctioii Order, 1894. 
 
 Appendix. names in full of the candidate, and his place of abode and descriiHion, and 
 whether he is (|ualified as a parochial elector of some Parish within the 
 Poor Law Union in which the Rural District or the part of the Rural 
 District containing the Parish or other area is situate is comprised, or by 
 having during the whole of the twelve months preceding the election 
 resided in the Union, or by being qualified to be a Councillor for a 
 Borough wholly or partly situate within the Union. It shall be signed by 
 two parochial electors of the Parish or other area, as proposer and 
 seconder, and no more, and shall state their respective places of abode. 
 It shall be in the Form set out in the Notice in the Form No. I in the 
 First Schedule to this Order, or in a form to the like effect. 
 
 (3.) The name of more than one candidate shall not be inserted in any 
 one nomination paper. 
 
 (4.) A parochial elector shall not sign more nomination papers than 
 there are Rural District Councillors to be elected for the Parish or other 
 area in the Rural District for which the election is to be held. He shall 
 not sign a nomination paper for any Parish or other area unless he is 
 registered as a parochial elector in respect of a qualification therein. 
 Neither shall he sign nomination papers for more than one Parish or other 
 area in the Rural District. 
 
 (5.) If any parochial elector shall sign nomination papers for more than 
 one Parish or other area in the Rural District or shall sign a larger number 
 of nomination papers than the number of Rural District Councillors to be 
 elected for the I'arish or other area, such of the nomination papers signed 
 by him as relate to the first Parish or other area for which a nomination 
 paper signed by him is received by the Returning Officer shall alone be 
 valid, and of the nomination papers signed by him which relate to that 
 Parish or other area such as are first received by the Returning Officer up 
 to the number of Rural District Councillors to be so elected shall alone be 
 valid. Provided that for the purposes of this paragraph nomination papers 
 not properly filled up and signed shall be excluded. 
 
 Nomination Papers to be provided. 
 
 5. The Returning Officer shall provide nomination papers, and shall 
 furnish the Overseers of the Parish \\'\\\\ a supply thereof. Any parochial 
 elector may obtain nomination papers from either the Returning Officer or 
 the overseers free of charge. 
 
 Time for sending in N'oniination Papers. 
 
 6. Every nomination paper shall be sent to the Returning Officer so that 
 it shall be received at his Office not later than two o'clock in the afternoon 
 of Wednesday, the Fifth day of December, One thousand eight hundred 
 and ninety-four. A nomination paper received after that time shall not be 
 valid. The Returning Officer shall note on each nomination paper whether 
 it was received before or after that time. 
 
 Dealing tvitk Abominations by Returning Officer. 
 
 7. — (l.) The Returning Officer shall number the nomination papers in the 
 order in which they are received by him ; and the first valid nomination 
 paper received for a candidate shall be deemed to be the nomination of that 
 candidate. 
 
 (2.) The Returning Officer shall, as soon as practicable after the receijDt 
 of any nomination paper, examine and decide whether it has or has not 
 been properly filled up and signed by two parochial electors of the Parish 
 or other area, and whether it is or is not invalid under Rule 4 (5) or Rule 6. 
 His decision that a nomination paper has been so filled up and signed, and
 
 Rural District CoiLitcillors Election Order, 1894. 461 
 
 Is not invalid as aforesaid, shall be final, and shall not be questioned in any Appendix. 
 proceeding whatever. 
 
 (3.) If the Returning Officer shall decide that a nomination paper is 
 invalid, he sliall put a note on it to this effect, stating the grounds of his 
 decision, and he sliall sign such note. 
 
 (4.) After deciding that the nomination of any candidate is valid, or 
 (except where a nomination of any candidate has been decided to be valid) 
 that a nomination paper for the candidate is invalid, the Returning Officer 
 shall, as soon as practicable send, by post or otherwise, notice of his 
 decision to the condidate. 
 
 Statement as to Persons noiniiiated. 
 
 8. Not later than Friday, the Seventh day of December, One thousand 
 eight hundred and ninety-four, the Returning Officer shall make out a 
 Statement in the Form No. 2 in the First Schedule to this Order, or in a 
 form to the like effect, for each Rural District, or part of a Rural District, 
 comprised in the Poor Law Union, containing the names, places of abode, 
 and descriptions of the persons nominated as Rural District Councillors for 
 the several Parishes in the Rural District or part of a Rural District, and 
 also containing a notice of his decision as regards each candidate as to 
 whether he has been nominated by a valid nomination or not. He shall 
 forthwith cause a copy thereof to be suspended in the Board Room of the 
 Guardians of the Poor Law Union in which these Parishes are situate, and 
 another to be affixed on the principal external gate or door of every 
 Workhouse of the Union, and, if the Board Room of the Guardians is not 
 situate at any such Workhouse, on the external gate or door of the building 
 in which the Board Room is comprised. 
 
 Relation of Nomination to Election, 
 
 9. Section 56 of the Municipal Corporations Act, 1882, shall be altered 
 and adapted in its application to the election of Rural District Councillors 
 in the Parish so as to provide as follows, and not otherwise : — 
 
 (l.) If the number of valid nominations exceeds that of the persons to be 
 elected as Rural District Councillors, the Councillors shall be 
 elected from amongst the persons nominated. 
 
 (2.) If the number of valid nominations does not exceed the number of 
 Rural District Councillors to be elected, the Returning Officer shall 
 on Friday, the Seventh day of December, One thousand eight 
 hundred and ninety-four, send, by post or otlierwise, notice to each 
 candidate who has not withdrawn his candidature under Rule 10, 
 stating that he will be returned as elected. He shall also as early 
 as practicable send, by post or otherwise, notice to the Overseers of 
 the Parish of the names, places of abode, and descriptions of the 
 persons who will be declared to be elected, and the Overseers shall 
 give pujjlic notice thereof in the Parish. 
 
 Withdraii'al of Candidate. ■ 
 
 10. Any candidate may withdraw his candidature by delivering or caus- 
 ing- to be delivered at the Office of the Returning Officer before four o'clock 
 in the afternoon of Friday the Seventh day of December, a notice in writing 
 of such withdrawal, signed by him. 
 
 If Number of Candidates is reduced to Nmnher of Persons to he elected. 
 
 11. — (l.) If by the withdrawal of any candidates as provided by Rule 10 
 the number of candidates for the Parish is reduced to a number not ex- 
 ceeding the number of persons to be elected, or if the number of candidates
 
 462 R7ira/ District Councillors Election Order, 1 894. 
 
 Appendix-. is otherwise so reduced, the Returning Oflicer shall give public notice in 
 the Parish to this effect, stating that no poll will be taken, and that the 
 remaining candidates will be declared to be elected. 
 
 (2.) He shall forthwilh send, by ])ost or otherwise, a copy of such notice 
 to each of such last-mentioned candidates. 
 
 (3.) The notice shall be in the Form No. 3 in the First Schedule to this 
 Order, or in a form to the like effect. 
 
 Day and Hours of Poll, 
 
 12. — (i.) The poll, if any, shall be held on the day of election as fixed 
 by or under Rule 2 of this Order, and the hours during which the poll 
 shall be open shall be such as shall be fixed by the County Council by any 
 general or special order, so, however, that the poll shall always be open 
 between the hours of six and eight in the evening. 
 
 (2.) Provided that the hours during which any poll shall be open for the 
 election of Rural District Councillors and of any Parish Councillors for 
 the Parish shall be the same. 
 
 Polling Districts. 
 
 13. — (i.) («.) If the Parish is divided into Polling Districts for the 
 election of County Councillors or of Parish Councillors, the whole of each 
 such District being comprised in the Parish, and the lists of parochial 
 electors are made out in separate parts for such districts, each district shall 
 be a Polling District for the election of Rural District Councillors. 
 
 (/'.) If the Parish is not so divided, but is dividetl into Wards for the 
 election of Parish Councillors, each Ward shall be a Polling District for 
 the election of Rural District Councillors. 
 
 [c.) If neither paragraph ((?.) nor paragraph (b.) of this Rule applies to 
 the Parish, the Returning Oflicer may, if he thinks fit, divide the Parish 
 into Polling Districts for the election of Rural District (Councillors, but 
 each district shall consist of an area for which separate lists of parochial 
 electors will be available. 
 
 {(i.) The Polling Districts for the election of Rural District Councillors 
 and of any Parish Councillors elected at the same date in the Parish shall 
 be the same. 
 
 (2.) If the Parish is divided into Polling Districts, each parochial elector 
 shall give his vote in the Polling District in which the property in respect 
 of which he is entitled to vote is situate, and if it is situate in more than 
 one Polling District, he may vote in any one (but in one only) of the 
 Polling Districts in which it is situate. 
 
 Polling Places and Slations, 
 
 14. — The Returning Officer shall determine the number and situation of 
 the polling places. 
 
 Provided as follows : — 
 
 [a.) That no premises licensed for the sale of intoxicating liquor shall be 
 used for a polling place ; • 
 
 [b.) That the same polling stations shall be used for the election of 
 Rural District Councillors and of any Parish Councillors to be 
 elected at the same date in the Parish ; 
 
 (r.) That, imless the County Council otherwise direct, where the number 
 of parochial electors in the Parish, or (if the Parish is divided into 
 Polling Districts) in any Polling District, is not more than five 
 hundred, only one polling station shall be provided for the Parish 
 or Polling District ; and so on for each additional five hundred 
 parochial electors, or for any less number of parochial electors over 
 and above the last five hundred.
 
 Rjiral District Ccvnici/lors Election Order, 1894. 463 
 
 Notice of the Poll. AprENDix, 
 
 15. — (i.) If a poll has to be taken, the Returning Officer shall, five 
 clear days at least before the day fixed for the same, give public notice 
 thereof. The notice shall specify — 
 
 («.) the day and hours fixed for the poll ; 
 
 {b.) the number of Rural District Councillors to be elected for the 
 
 Parish ; 
 {c.) the names, place of abode, and description of each candidate for 
 the Parish whom he has decided to have been nominated by 
 a valid nomination paper, and who has not withdrawn his 
 candidature ; 
 [d.) the names of the proposer and seconder who signed the nomination 
 
 paper of each candidate ; 
 {e.) a description of the polling districts, if any ; and 
 [f.) the situation and allotment of the polling places, and the description 
 of the persons entitled to vote thereat and at the several polling 
 stations. 
 (2.) The notice shall be in the Form No. 4 in the First Schedule to this 
 Order, or in a form to the like effect. 
 
 (3.) If polls are to be taken in the Parish as to the election of both 
 Rural District Councillors and Parish Councillors, the Returning Officer 
 may, if he thinks fit, give one notice only for both polls, and such notice 
 shall be in the Form No. 5 in the First Schedule to this Order, or in a 
 form to the like effect. 
 
 Presiding Officers. 
 
 16. The Returning Officer, or some person appointed by him for the 
 purpose, shall preside at eacli Polling Station. The person presiding at 
 any Polling Station shall be called the Presiding Officer. 
 
 Provided as follows : — 
 
 {a.) At any Polling Station the same person shall act as Presiding 
 
 Officer for the election of Rural District Councillors and of any 
 
 Parish Councillors to be elected at the same date in the Parish. 
 (^.) In making appointments under this Rule the Returning Officer 
 
 shall, as far as practicable, secure the services of suitable persons 
 
 resident in the Parish, so as to diminish expense. 
 
 Compartiiiciits of Polling Stations. — Ballot Papers, 
 
 17. The Returning Officer shall furnish every Polling Station with such 
 number of compartments in which the voters can mark their votes screened 
 from observation, and shall furnish each Presiding Officer with such 
 number of ballot papers as may be necessary for effectually taking the poll 
 at the election. 
 
 Polling Agents. 
 
 18. If there are only two candidates, each of them may, in writing, 
 appoint a polling agent for each polling station, who may be paid or 
 unpaid. H there are more than two candidates, any number of them, 
 being not less than one-third of the whole number of candidates, may, in 
 writing, appoint one polling agent for each polling station, who may be 
 paid or unpaid. Any such appointment shall be delivered at the Office of 
 the Returning Officer not less than two clear days before the day of the 
 poll. Except as aforesaid, no polling agent, whether paid or unpaid, 
 shall be appointed for the purposes of the election. 
 
 Questions to Elector. 
 19. — (i.) The Presiding Officer may, and if required by any parochial
 
 464 Rural District Conncilloys Election Order, 1894. 
 
 Aw'ENDix. elector of the Parish, or any polling agent appointed under Rule 18, shall, 
 
 put to any elector at the time of his applying for a ballot paper, but not 
 
 afterwards, the following (piestions, or one of them, and no other : — 
 (rt.) Are you the person entered in the parochial register for this Parish 
 
 \or Ward] as follows \^rcad the w/iotc entry from tlic rei^ister'] ? 
 (/'.) Have you already voted at the present election of Rural District 
 Councillors in this or any other Parish or Ward in the Rural 
 District of ? 
 
 (2.) A person required to answer either of these questions shall not 
 receive a ballot paper or be permitted to vote until he has answered it. 
 
 Counting the I \>tes. 
 
 20.- — (i.) The Returning Officer, when he does not act as a Presiding 
 Officer at any polling station for the Parish, shall appoint the Presiding 
 Officer or some one of the Presiding Officers to act as Deputy Returning 
 Officer for the Parish, as regards the custody and opening of the ballot 
 boxes, the counting and recording of the votes, and the declaration of the 
 number of votes given for each candidate and of the election of the 
 candidate or candidates to whom the largest number of votes has been 
 given. The person so appointed shall, in addition to his other powers 
 and duties, have all the powers and duties of the Returning Officer in 
 relation to the decision of any question as to any ballot paper and other- 
 wise as to the ballot papers. Provided that, if the Parish is divided into 
 Wards for the election either of Rural District Councillors or of Parish 
 Councillors, but not for both elections, or, if the Parish is so divided for 
 both elections, and the Wards are not the same for both elections, one 
 Deputy Returning Officer shall act under this Rule for the whole of the 
 Parish. 
 
 (2.) The same person shall act as Deputy Returning Officer in respect 
 of the election both of Rural District Councillors and of any Parish 
 Councillors to be elected at the same date for the Parish. 
 
 (3.) The vo es shall be counted in the Parish or in some place near 
 thereto as soon as practicable alter the close of the poll. 
 
 Equality of Votes. 
 
 21. If an equality of votes is found to exist between any candidates, and 
 the addition of a vote would entitle any of such candidates to be declared 
 elected, the Returning Officer or Deputy Returning Officer, as the case 
 may be, may, if a parochial elector of the Parish, give such additional vote 
 in writing, but shall not otherwise be entitled to vote. 
 
 Declaration of Result of Poll. 
 
 22. — (i.) The declaration of the result of the poll shall be in the Form 
 No. 6 in the First .Schedule to this Order, or in a form to the like effect. 
 
 (2.) The Returning Officer or Deputy Returning Officer, as the case may 
 be, making the declaraticm shall forthwith cause a copy of it to be affixed 
 on the front of the building in which the votes have been counted. If the 
 declaration is made by a Deputy Returning Officer, he shall forthwith send 
 it to the Returning Officer. 
 
 Publication of Result of Elections. 
 
 23. — (i.) The Returning Officer shall, with respect to each Rural District 
 or part of a Rural District comprised in the Poor Law Union, prepare and 
 sign in duplicate a statement of the result of the elections in all the Parishes 
 in the District or part of a District, and shall by such notice declare to be 
 elected the persons who, under Rule 9 or Rule 11, are to be declared to be 
 elected without a poll being taken. Such persons shall be deemed to have 
 been elected on the day of election fixed by or under Rule 2 of this Order.
 
 Ritral District Councillors Election Order, 1894. 465 
 
 The notice shall be in the Form No. 7 in the First Schedule to this Order, Appendix. 
 or in a form to the like effect. 
 
 (2.) One of these statements shall be sent by the Returning Officer, as 
 early as practicable, to the Clerk to the Rural District Council, and the 
 other to the Clerk to the Guardians of the Union comprising the Rural 
 District or the part of a Rural District ; and copies of the Statement shall 
 be sent by the Returning Officer to the Returning Officer for so much of 
 the Rural District (if any) as is situate in another Poor Law Union and to 
 the elected candidates. 
 
 (3.) The Returning Officer shall also send a sufificient number of copies 
 of the Statement to the Overseers of all the parishes comprised in the 
 Rural District, whether in the same Union or not, and the Overseers of 
 every such Parish shall cause public notice to be given of such Statement 
 in accordance with Rule 32 of this Order. 
 
 Applicatiojt and Adaptation of Ballot Act, 1S72. 
 
 24. The provisions of the Ballot Act, 1S72, which, with adaptations and 
 alterations, are set out in the Second Schedule to this Order, and only 
 such provisions of that Act, shall, subject to such adaptations and altera- 
 tions, apply to the election of Rural District Councillors in like manner as 
 in the case of a municipal election. 
 Provided as follows : — 
 
 (i.) Such application shall be subject to the provisions of this Order. 
 (2.) If an election of Rural District Councillors and of any Parish 
 Councillors is held in the Parish at the same date, one ballot box 
 may, if the Returning Officer thinks fit, be used for the two elections ; 
 but, if separate ballot boxes are used for the two elections respec- 
 tively, no vote for any Rural District Councillor shall be rendered 
 invalid by the ballot paper being placed in the box intended for the 
 reception of ballot papers for Parish Councillors. 
 (3.) The ballot papers used at the election of Rural District Councillors 
 for the Parish shall be of a different colour from that of any ballot 
 papers used in the election of Parish Councillors held in the Parish 
 at the same date. 
 
 Adaptation of Municipal Co7p07-ations Act, 1882. 
 
 25. — (i.) The provisions of Sections 74 and 75 of the Municipal Corpora- 
 tions Act, 1882, which, with adaptations ancl alterations, are set out in 
 the Third Schedule to this Order, and such of the provisions of that Act 
 and the enactments amending the same as relate to the acceptance of 
 office, re-eligibility of holders of office and filling of casual vacancies, and 
 are, with adaptations and alterations, set out in the Fourth Schedule to 
 this Order, shall, subject to such adaptations and alterations, apply to the 
 election of Rural District Councillors and to the persons elected thereat. 
 
 (2.) In the application of Part IV. of the Municipal Corporations Act, 
 1882 (relating to Corrupt Practices and Election Petitions), as amended by 
 the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, the 
 following adaptations and alterations shall have effect : — 
 
 (a.) Such application shall be subject to the provisions of this Order. 
 {b.) References to the election of Rural District Councillors shall be 
 deemed to be substituted for references to a municipal election or 
 to an election to a corporate ofiice. " Parish or United Parishes," 
 and in Section 93 (2) " Poor Law Union," shall be deemed to be 
 substituted for " Borough," " Poor Rate of the Parish or Poor 
 Rates of the United Parishes" shall be substituted for "Borough 
 Fund or Borough Rate," the "Returning Officer" shall be sub- 
 stituted for the " Town Clerk," and " voter " shall mean "a parochial 
 elector, or a person who votes or claims to vote at an election of Rural 
 District Councillors." 
 
 2 11
 
 Appendix. 
 
 466 Rural District Councillors Election Order, 1 894. 
 
 Adaptation of the Municipal Elections [Corrupt and Illci^al Practices) 
 Act, 1884. 
 
 26. In the application of the Municipal Elections (Corrupt and Illegal 
 Practices) Act, 1884, the following adaptations and alterations shall have 
 
 effect : — . . r 1 • /^ 1 
 
 (I.) Such application shall be subject to the provisions of this Order. 
 (2.) The expressions " Parish or United Parishes," " Returning Officer 
 of Rural District Councillors," and "Poor Rate of the Parish or 
 Poor Rates of the United Parishes" shall be deemed to be substi- 
 tuted in the Act for "Borough," "Town Clerk," and "Borough 
 Fund or Rate," respectively. 
 (3.) The expression "corporate office" in the Act shall mean "the 
 office of Rural District Councillor," and "a municipal election" 
 shall mean "an election of one or more Rural District Councillors " ; 
 and the expressions "municipal election court," " municipal election 
 list," and " municipal election petition " shall be construed accor- 
 dingly. 
 (4.) So much of Section 13 of the Act as permits one polling agent to 
 be employed in each polling station shall not apply, except so far as 
 the employment of polling agents is permitted by Rule 18 of this 
 Order. 
 (5.) An election pethion complaining of the election on the ground of an 
 illegal practice, may be presented at any time within six weeks after 
 the day of election. 
 (6.) A petition relating to the election of a Rural District Councillor for 
 a Parish may be tried at any place within the Poor Law Union in 
 which the Parish is situate. 
 (7.) Nothing in the Act shall render it unlawful to hold a meeting for 
 the purpose of promoting or procuring the election of a candidate to 
 the office of Rural District Councillor, on any licensed or other 
 premises not situate in an Urban Sanitary District, or in the 
 Administrative County of London. 
 (8.) Section 37 of the Act shall be read as if a reference to an election of 
 Rural District Councillors was substituted for a reference to any of 
 the elections mentioned in the First Schedule to the Act. 
 
 Wlicn Rural District Councillors co?ne into Office. 
 
 27. — (I.) The Rural District Councillors elected shall come into office 
 on Friday, the Twenty-eighth day of December, One thousand eight 
 hundred and ninety-four. 
 
 (2.) If the Rural District is situate in more than one Poor Law Union, 
 the Returning Officer for the purpose of convening the first meeting of the 
 Rural District Council shall be the Returning Officer at the election of 
 Rural District Councillors in that part of the District which, according to 
 the Census of One thousand eight hundred and ninety-one, has the larger 
 population. 
 
 Expenses. 
 
 28.— (I.) Any sum which may be payable to the Returning Officer in 
 respect of his services in taking a poll in the Parish, or in respect of 
 expenses incurred in relation to such poll, shall be defrayed by the Rural 
 District Council of the District, and shall be charged to the Parish in their 
 accounts and shall be raised in like maimer as any sums payable by the 
 Parish in respect of the general expenses of the Rural District Council. 
 
 (2.) Any other sum which maybe payable to the Returning Officer in 
 respect of his services in the conduct of the election, or in respect of 
 expenses incurred in relation to the election, shall be defrayed by the Rural
 
 Rtiral District Coimcillors Election Order, 1894. 467 
 
 District Council of the District, and shall be charged in their accounts as Appendix. 
 general expenses. 
 
 (3.) If a poll for the election of Rural District Councillors and of any 
 Parish Councillors is taken at the same date in the Parish, one half of any 
 expenses which may be payable in respect of the two polls jointly, includ- 
 ing the remuneration of any officers employed in the conduct thereof, shall 
 be deemed to have been incurred in relation to the poll for the election of 
 Rural District Councillors, and shall be defrayed accordingly. 
 
 If Parish in jnore than one County. 
 
 29. If the Parish is situate in more than one Administrative County, it 
 shall for the purposes of this Order be deemed to be wholly situate in the 
 County which, according to the Census of One thousand eight hundred and 
 ninety-one, contains the larger part of its population. 
 
 Wards. 
 
 30. — (i.) If the Parish is divided into Wards for the election of Rural 
 District Councillors, the foregoing Rules shall, except as otherwise pro- 
 vided, apply to each of such Wards as if it were a Parish. 
 
 (2.) Provided that if the Parish is so divided, an elector shall not be 
 permitted to vote in more than one Ward. 
 
 (3.) Provided also that any sum which in pursuance of this Rule and of 
 Rule 28 (i) would be charged to any Ward shall be charged to the Parish 
 in which the Ward is situate and shall be raised accordingly. 
 
 United Parishes. 
 
 31.^(1.) If the Parish is united with any other Parish for the election of 
 Rural District Councillors the foregoing Rules shall, subject as herein-after 
 mentioned, apply as if such Parishes formed the Parish. 
 
 (2.) The questions which under Rule 19 the Presiding Officer may, and 
 if required by any parochial elector, or any polling agent appointed under 
 Rule 18 shall, put to any elector shall be as follows : — 
 
 (a.) Are you the person entered in the parochial register for one of the 
 
 United Parishes, viz., the Parish of as follows \read 
 
 the zvhole entry Jrom the register^ ? 
 
 {b.) Have you already voted at the present election of Rural District 
 
 Councillors in either of the United Parishes of and , 
 
 or in any other Parish or Ward in the Rural District of ? 
 
 (3.) Any sum which in pursuance of this Rule and of Rule 28 (i) would 
 
 be charged to the United Parishes shall be divided between them in 
 
 proportion to the number of parochial electors registered in such Parishes 
 
 respectively, and shall be raised accordingly. 
 
 Publication of Notices. 
 
 32. Any public notice required by this Order shall be given by posting 
 the same on or near the principal door of each church and chapel in the 
 Parish, and in some conspicuous place or places within the Parish. 
 
 Mark instead of Signaticre. 
 
 33. In place of any signature required by this Order, it shall be sufficient 
 for the signatory to affix his mark, if the same is witnessed by two parochial 
 electors. 
 
 2 H 2
 
 468 Rural District Councillors Election Order, 1894, 
 
 Ai-PENDix. Misnomer. — hiacciirate Descriptiotis. 
 
 34. No misnomer or inaccurate description of any person or place named 
 in any notice or nomination paper under this Order shall hmder the full 
 operation of such notice or paper with respect to that person or place, 
 provided the description of that person or place is such as to be commonly 
 understood. 
 
 Title of Order. 
 
 35. This Order may be cited as the " Rural District Councillors Election 
 Order, 1894." 
 
 FIRST SCHEDULE. 
 
 Form No. i. 
 Notice 0/ Election. 
 [This Form is set out, atite, p. loi.] 
 
 Form No. 2. 
 Statement as to Persons nominated. 
 [This Form is set out, ante, p. 131.] 
 
 Form No. 3. 
 Notice that no Poll will he taken. 
 [This Form is set out, a7ite, p. 134.] 
 
 Form No. 4. 
 Notice of Poll. 
 [This Form is set out, ante, p. 190.] 
 
 Form No. 5. 
 
 Notice of Poll. 
 [This Form is set out, ante, p. 191.] 
 
 Form No. 6. 
 Declaration Oj Result of Poll. 
 [This Form is set out, ante, p. 311.] 
 
 Form No. 7. 
 
 Notice of Result of Elections. 
 [This Form is set out, ante, p. 135.]
 
 Rural District Coimcillors Election Order, 1894. 469 
 
 SECOND SCHEDULE. 
 
 Provisions of the Ballot Act, 1872, as adapted and altered 
 IN THEIR Application to the Election of Rural District 
 Councillors, 
 
 [With the omission from this Order of the second paragraph in B.A., 
 s. 6, as to a deputy returning officer, and with the substitution of " rural 
 district councillors" for "guardians," of "rural district" for "parish," 
 of "Rural District Councillors' Election Order, 1894," for "Guardians' 
 (Outside London) Election Order, 1894," and of "district council" for 
 "board of guardians," these provisions, as also those in the Third and 
 and Fourth Schedules [infra), are the same as those in the last-named 
 Order, ante, pp. 433, 444. The forms of oath and affirmation set out under 
 B.A., s. 27, differ slightly from those in the last-named Order only in the 
 substitution of " rural district councillors " for " guardians," and of " rural 
 district " for "union," and are set out, ante, p. 179. The form of ballot 
 paper set out, ante, p. 179, and of the declaration of secrecy, and de- 
 claration on acceptance of office, also differ slightly, but are set out, ante, 
 pp. 197, 142.] 
 
 THIRD SCHEDULE. 
 
 Sections 74 and 75 of the Municipal Corporations Act, 1882, 
 as adapted and altered in their Application to the 
 Election of Rural District Councillors. 
 
 [See note, ante, p. 46S.] 
 
 FOURTH SCHEDULE. 
 
 Provisions of the Municipal Corporations Act, 1882, and the 
 Enactments amending the same, relating to the Accept- 
 ance OF Office, re-eligibility of Holders of Office, and 
 filling of Casual Vacancies, as adapted and altered in 
 THEIR Application to the Election of Rural District 
 Councillors. 
 
 [See note, ante, p. 468.] 
 
 Given under the Seal of Office of the Local Government Board, this 
 Twenty-second day of September, in the year One thousand eight 
 hundred and ninety-four. 
 
 ©G. SHAW-LEFEVRE, 
 Freside?it. 
 
 Walter Foster.! 
 Hugh Owen. 
 
 Secretaries. 
 
 Appendix.
 
 Appendix, 
 
 470 Parish Councillors Election Order, 1894. 
 
 RULES AS TO NOMINATION AND ELECTION OF PARISH 
 COUNCILLORS. 
 
 General Order, 13th September, 1894. 
 
 To THE Overseers of the Poor of every Rural Parish in England 
 and Wales having, according to the Census of One thousand eight 
 hundred and ninety-one, a population of three hundred or upwards ; — 
 
 To the County Council of every Administrative County in England and 
 Wales, except the Administrative County of London ; — 
 
 To the Clerk to the Guardians of every Poor Law Union in which any 
 such Parish as aforesaid is situate ; — 
 
 And to all others whom it may concern. 
 
 [After reciting L.G.A., ss. i, 3, 18, 48, 49, 84 in part, the Order pro- 
 ceeds : — ] 
 
 Now Therefore, We, the Local Government Board, in pursuance of 
 the powers given to us in that behalf, do, by this our Order, direct that the 
 Election of Parish Councillors in the present year in each Rural Parish which 
 will be entitled to elect a Parish Council on the appointed day for the first 
 election shall, subject to any directions which may be given by us, be 
 conducted according to the following rules, and such rules shall be 
 observed : — 
 
 Day and Hours of Poll. 
 
 20.— (I.) The poll, if any, shall be held on Monday, the Seventeenth 
 day of December, One thousand eight hundred and ninety-four, or on such 
 other day, not being earlier than Saturday, the Fifteenth day of December, 
 One thousand eight hundred and ninety-four, nor later than Wednesday, 
 the Nineteenth day of that month, as may, for special reasons, be fixed by 
 the County Council. 
 
 (2.) The hours during which the poll shall be open shall be such as shall 
 be fixed by the County Council by any general or special order, so, however, 
 that the poll shall always be open between the hours of six and eight in the 
 evening. 
 
 (3.) Provided that the day of any poll for the election of Parish Coun- 
 cillors and of any Rural District Councillors to be elected at the same date 
 for the Parish, and the hours during which any poll for such elections shall 
 be open shall be the same. 
 
 Polling Districts. 
 
 21.— (I.) {a.) If the Parish is divided into Polling Districts for the 
 election of County Councillors or of Rural District Councillors, the whole 
 of each such District being comprised in the Parish, and the lists of 
 parochial electors are made out in separate parts for such districts, each 
 district shall be a Polling District for the election of Parish Councillors. 
 
 {b.) If the Parish is not so divided, but is divided into Wards for the 
 election of Rural District Councillors, each of the Wards shall be a Polhng 
 District for the election of Parish Councillors. 
 
 (c.) If neither paragraph {a.) nor paragraph [b.) of this Rule applies to 
 the Parish, the Returning Officer may, if he thinks fit, divide the Parish 
 into Polling Districts for the election of Parish Councillors, but each of 
 such districts shall consist of an area for which separate lists of parochial 
 electors will be available. 
 
 ((/.) The Polling Districts for the election of Parish Councillors and of 
 any Rural District Councillors elected at the same date for the Parish shall 
 be the same.
 
 Parish Coiincillors Election Order , 1894. 471 
 
 Polling Places and Stations, Aitendix. 
 
 22. The Returning Officer shall determine the number and situation of 
 the polling places. 
 
 Provided as follows : — 
 
 {a.) That no premises licensed for the sale of intoxicating liquor shall 
 be used for a polling place ; 
 
 (jb.) That the same polling stations shall be used for the election of Parish 
 Councillors and of any Rural District Councillors to be elected at 
 the same date in the Parish ; 
 
 {c.) That, unless the County Council otherwise direct, where the 
 number of parochial electors in the Parish, or (if the Parish is 
 divided into Polling Districts) in any Polling District, is not more 
 than five hundred, only one polling station shall be provided for the 
 Parish or Polling District ; and so on for each additional five 
 hundred parochial electors, or for any less number of electors over 
 and above the last five hundred. 
 
 Notice of the Poll. 
 
 25.— (I.) If a poll has to be taken, the Returning Officer shall, five clear 
 days at least before the day fixed for the same, give public notice thereof. 
 The notice shall specify — 
 
 {a.) the day and hours fixed for the poll ; 
 {b.) the number of Parish Councillors to be elected ; 
 \c.) the names, place of abode, and description of each candidate whose 
 name was put to the Parish Meeting, and who has not since with- 
 drawn his candidature ; 
 (d.) the names of the proposer and seconder who signed the nomination 
 
 paper of each candidate ; 
 (t'.) a description of the polling districts, if any ; and 
 (/.) the situation and allotment of the polling places, and the description 
 of the persons entitled to vote thereat, and at the several polling 
 stations. 
 (2.) The notice shall be in the Form No. 4 in the First Schedule to this 
 Order, or in a form to the like effect. 
 
 (3.) If polls are to be taken in the Parish as to election of both Parish 
 Councillors and Rural District Councillors, the Returning Officer may, if 
 he thinks fit, give one notice only for both polls, and such notice shall be 
 in the Form No. 5 in the First Schedule to this Order, or in a form to the 
 like effect. 
 
 Presiding Officers, 
 
 26. The Returning Officer, or some person appointed by him for the 
 purpose, shall preside at each Polling Station. The person presiding at 
 any Polling Station shall be called the Presiding Officer. 
 Provided as follows : — • 
 (rt.) At any Polling Station the same person shall act as Presiding Officer 
 
 for the election of Parish Councillors and of any Rural District 
 
 Councillors to be elected at the same date in the Parish. _ 
 {b^ In making appointments under this Rule, the Returning Officer 
 
 shall, as far as practicable, secure the services of suitable persons 
 
 resident in the Parish, so as to diminish expense. 
 
 Coimting the 'Votes, 
 
 30.— (I.) The Returning Officer, when he does not act as a Presiding 
 Officer, shall appoint the Presiding Officer or some one of the Presiding 
 Officers to act as Deputy Returning Officer as regards the custody and 
 opening of the ballot boxes, the counting and recording of the votes, and
 
 472 Parish Ccuncillors Election Order, 1894. 
 
 Appendix. the declaration of the number of votes given for each candidate and of the 
 
 election of the candidates to whom the largest number of votes have been 
 
 given. The person so appointed shall, in addition to his other powers and 
 duties, have all the powers and duties of the Returning Officer in relation 
 to the decision of any question as to any ballot paper and otherwise as to 
 the ballot papers. 
 
 (2.) The same person shall act as Deputy Returning Officer in respect of 
 the election both of Parish Councillors and of any Rural District Councillors 
 to be elected at the same date for the Parish. 
 
 (3.) The votes shall be counted in the Parish or in some place near 
 thereto as soon as practicable after the close of the poll. 
 
 Application ami Adaptation of Ballot Act, 1872. 
 
 34. The Provisions of the Ballot Act, 1872, which, with adaptations and 
 alterations, are set out in the Second Schedule to this Order, and only such 
 provisions of that Act, shall, subject to such adaptations and alterations, 
 apply to the election in like manner as in the case of a municipal election. 
 Provided as follows : — 
 
 (I.) Such application shall be subject to the provisions of this Order. 
 '(2.) If an election of Parish Councillors and of any Rural District 
 Councillors is held in the Parish at the same date, one ballot box 
 may, if the Returning Officer thinks fit, be used for the two 
 elections ; but, if separate ballot boxes are used for the two elections 
 respectively, no vote for Parish Councillors shall be rendered invalid 
 by the ballot paper being placed in the box intended for the recep- 
 tion of ballot papers for any Rural District Councillor. 
 (3.) The ballot papers used at the election of Parish Councillors for the 
 Parish shall be of a different colour from that of any ballot papers 
 used in the election of any Rural District Councillors held in the 
 Parish at the same date. 
 
 Expenses. 
 
 38.— (2.) If a poll for the election of Parish Councillors and of Rural 
 District Councillors is taken at the same date in the Parish, one half of any 
 expenses which may be payable in respect of the two polls jointly,, 
 including the remuneration of any officers employed in the conduct 
 thereof, shall be deemed to have been incurred in relation to the poll 
 for the election of Parish Councillors, and shall be defrayed accordingly. 
 
 If Parish in more than one Comity. 
 
 39. If a Parish is situate in more than one administrative county, it shall 
 for the purposes of this Order be deemed to be wholly situate in the county 
 which, according to the Census of One thousand eight hundred and ninety- 
 one, contains the larger part of its population. 
 
 Wards. 
 
 40. — (i.) If the Parish is divided into Wards for the election of Parish 
 Councillors, the foregoing rules shall apply to each of such Wards as if it 
 were a Parish.
 
 INDEX. 
 
 ; A. 
 
 ABANDONMENT OF POLL, 
 Form of notice of, 127, 134, 138. 
 "Where number of candidates, does not exceed vacancies, 125, 133, i; 
 
 ABODE, 
 
 True abode should be stated in nomination paper, 112 
 What is a person's abode, 112 
 
 ABSENCE, 
 
 Chairman of board of guardians, 7 
 
 Declaring office of guardian or councillor vacant for, 151 
 Illness, absence of guardian or councillor through, 151 
 Office of guardian or councillor vacated after six months, 150 
 When vacancy complete, 152 
 
 ACCEPTANCE OF OFFICE, 
 Declaration on acceptance, 14 1 
 
 Form of, 142 
 Elected for more than one parish, area, or ward, 141 
 Fine for non-acceptance, 14I 
 
 For acting before acceptance, 144 
 
 Notice of election necessary, 143 
 
 Persons exempt, 144 
 Incompatible offices, 13 
 Limit of time for making declaration, 143 
 Member cannot act before taking declaration, 142 
 Non-acceptance creates a casual vacancy, 145 
 
 Distinction between non-acceptance and resignation, 145 
 Refusal of guardian to serve, 145 
 
 ADDRESS. See Abode : Bill, Placard, and Poster. 
 
 ADJOURNMENT, 
 
 Counting of votes, adjournment of, 305 
 
 ADVERTISEMENT, 
 
 Advertising agent may exhibit bills and vote, 229 
 
 Distribution of bills, etc., should be entrusted to, 230 
 Contract for insertion of, in newspaper, does not disqualify, 59 
 Documents that may usefully be advertised, 231 
 Non-electors, exhibition of bills, etc., by, 230 
 Sandwichmen and bill distributors, 230 
 
 AFFIRMATION. See Oath.
 
 474 Index. 
 
 AGENTS. And see Clerks and Messengers ; Counting Agent 
 Polling Agent. 
 
 Declaration of secrecy, taking the, 197 
 
 Form, 197 
 Returning officer cannot act as candidate's agent, 90 
 Volunteer, 195 
 
 ALIEN, 
 
 Cannot vote, 72 
 
 But if registered, entitled to receive ballot paper, 72 
 Ineligible as town councillor, 45 
 
 As guardian, 51 
 Who is, 45 
 
 ALMS. See Parochial Relief. 
 
 APPOINTED DAY, 
 
 What is the, 8, 24 
 
 ARMY RESERVE, 
 
 Exemption from service as guardian or councillor, 64 
 
 ASSISTANT OVERSEER, 
 Disqualified as guardian, 64 
 
 B. 
 
 BALLOT ACT. And see Ballot Box ; Ballot Paper. 
 Application of, to L. G. A., 161 
 Construction of, 280 
 
 Directory enactments of the, 281 
 Mandatory enactments of the, 280 
 Offences against, arrest for, 258 
 
 BALLOT BOX. And see Ballot Act ; Ballot Pater. 
 Cost of, 178 
 Provision of, 176 
 
 Delivery to returning officer at close of poll, 262, 275 
 Opening at counting of votes, 277 
 Sealing up at opening of poll, 240 
 
 At close of poll, 259 
 Separate ballot boxes, 177 
 
 Showing it empty, and locking before opening of poll, 240 
 Size and construction of, 177 
 Use of boxes belonging to any public authority, 176 
 
 BALLOT PAPER. And see Ballot Act ; Ballot Box. 
 Bad, held to be, examples of, 285 
 
 Held to be good, 289 
 Blind, Jewish and illiterate voters, marking of, for, 248 
 Close of the poll, none to be given out after, 258 
 Counting of. See Counting the Votes. 
 Custody of, after poll closed and before or during counting, 275 
 
 After counting, 312 
 Delivery of, to returning officer, after close of poll, 262, 275 
 Delivery to voter, 243 
 
 Persons not entitled to receive, 242 
 Deposit in ballot box after close of poll, 258 
 Destruction after six months, 312 
 Forgery, etc., of, 258 
 Form of, 179
 
 Index. 47 S 
 
 BALLOT PAPER— rw^//;/;/t'(/. 
 How to be marked, 245 
 Indorsement on rejected, 305 
 Inspection of, after counting, 3 12 
 Making up into packets after close of poll, 261 
 
 Delivery to returning officer, 262 
 Marking with more votes than voter entitled to, 245, 2S3 
 Objection to, 279 
 
 Ballot papers which shall be rejected, 282 
 Official mark, want of, 282 
 Uncertainty, void for, 299 
 Unmarked ballot papers, 299 
 
 Voting for more candidates than entitled to, 245, 283 
 Writing by which voter can be identified, 2S3 
 Jurisdiction of returning officer, 279 
 Official mark to be kept secret, 181 
 
 Marking with, before delivery to voter, 244 
 Want of, when fatal to validity of vote, 280, 282 
 Placing in ballot box in presence of presiding officer, 246 
 Provision of, 178 
 
 Recording, mixing, and counting of, 277 
 Sealing up of, after countir.g, 307 
 Secret marking by voter, 244 
 
 Folding up and depositing in ballot box, 246 
 Spoilt, 247 
 Tendered, 179, 253 
 Voting twice, 246 
 
 BALLOT PAPER ACCOUNT, 
 Filling up, 259 
 Form of, 260 
 Verification of, by returning officer, 307 
 
 BANDS OF MUSIC, FLACxS, COCKADES, ETC., 
 Giving or providing, not illegal, 220 
 Payment or contract for payment for, illegal, 220 
 What is a flag or banner, 221 
 
 BANK HOLIDAYS, 
 
 Provision as to, in computation of time, 315. 
 What are the, 315 
 
 BANKRUPT, 
 
 Disqualification as town councillor, 49 
 
 Guardian or district councillor, 52, 54, 65, 67 
 Person disqualified by bankruptcy cannot resign, I47 
 
 BANNERS. See Bands of Music, Flags, Cockades, etc. 
 
 BARGAIN, OR CONTRACT, 
 
 Assignment of contract, 57 
 Disqualification as town councillor, 48 
 
 As guardian or district councillor, 52, 55 
 
 Must be continuing, 57 
 Independent body, contract with, no disqualification, 58 
 Invalid bargain or contract, 58 
 Participation in profit, 58 
 Secret, 58 
 Sub-contractor, 58 
 Town councils, with, 48 
 Trustee, 58
 
 47^ Index. 
 
 BARGAIN, OR QOY^TV^KCT— continued. 
 What is a bargain or contract, 56 
 What do not disqualify, 59 
 What is l>eing " concerned " in, 55 
 What is profit, 58 
 
 BILL, PLACARD, AND POSTER, 
 
 Name, etc., of printer, etc., must appear thereon, 229 
 Newspapers, gratuitous circulation of, 232 
 
 Payment to advertising agent for exhibiting, and to non-elector, 229 
 Return of undelivered circulars, etc., 231 
 Sandwichmen and bill distributors, 230 
 
 What is an " address, bill, or notice," and a " bill, placard, or poster,'' 
 230 
 
 BLIND PERSON, 
 
 Eligible as guardian or district councillor, 50 
 
 Exempt from service as guardian or district councillor, 64, 65, 66 
 
 As town councillor, 49 
 Vote of, given through presiding officer, 248 
 
 BOARD OF GUARDIANS. And see Guardians. 
 Chairman, election of, 6 
 
 Should not preside at his own election, 7 
 Competency to act, though incomplete, 17 
 Constitution, incorporation, and name, 6 
 Quorum, 6 
 
 BRIBERY : And see Corrupt Practices. 
 Definition, 320 
 
 BYE ELECTION. And see Casual Vacancy. 
 Day of, fixed by clerk, 158 
 Term of office of person elected, 157 
 Time of, 158 
 
 Not within six months of ordinary election, 158 
 
 CANDIDATE, 
 
 Death after nomination and before poll, 12S, 135, 139 
 
 After poll opened, 258 
 Nomination of, see that title. 
 Qualification of, as guardian, 31 
 
 Rural district councillor, 65 
 
 Urban district councillor, 66 
 Withdrawal of, at election of guardians, 124 
 
 Rural district councillors, 131 
 
 Urban district councillors, 138 
 
 CANVASSER AND CANVASSING, 
 By volunteers, 211 
 
 Precautions which should be observed, 211 
 
 Risks of a volunteer canvass, 211 
 By post, 216 
 
 Dangerous practices in canvassing, 216 
 Definitions, 211 
 Expenses of, 215 
 Form of canvass book, 212 ' 
 
 Canvassing card, 215 
 
 Voter's polling card, 217 
 Register of voters, where obtainable, 2X2
 
 Index. Af'jJ 
 
 CASTING VOTE, 
 
 Returning officer, on counting of votes, 306 
 
 CASUAL VACANCY. And see Bye-Election. 
 Absence for six months creates, 150 
 Avoidance of election on election petition, 157 
 Capacity to act, of remaining guardians or councillors, 159 
 Declaring vacancy, 153 
 How a casual vacancy arises, 156 
 Non-acceptance of office creates, 145 
 Term of office of person elected, 157 
 
 CESSER OF QUALIFICATION. 
 
 Whether board or council can declare office vacant for, 152 
 
 CHAIRMAN. And see Vice-Chairman. 
 Board of guardians, election of, 6 
 
 Should not preside at his own election, 7 
 
 Death, resignation, or incapacity, 7 
 
 Election, obligatory on board of guardians, 6 
 
 Re-eligibility, unless disqualified, 8 
 
 Woman, when eligible as, 6, 25 
 Rural district council, election of, 20 
 
 Justice of the peace, is a, 26 
 
 First chairman, 20 
 Urban district council, election of, 25 
 
 Justice of the peace, is a, 26 
 
 First chairman, 26 
 
 CHAIRMAN OF ELECTION MEETING, 
 Expulsion of disturbers, by order of, 222 
 Functions of, 222 
 
 CHURCH OR CHAPEL, 
 
 Election meeting cannot be held in, 219 
 
 CIRCULAR. See Advertisement, Bill, Placard, and Poster. 
 
 CIVIL SERVANT, 
 
 Eligible as guardian and district councillor, 50 
 What, exempt from service, 64 
 
 CLERGY, 
 
 Eligible as guardian or district councillors, 51 
 Ineligible as town councillors, 47 
 
 CLERK TO THE GUARDIANS, 
 Appointment of deputy by, 91 
 Illness, or inability to act, or vacancy, 89 
 
 Returning officer in election of guardians and rural district coun- 
 cillors, 89 
 
 CLERK TO URBAN SANITARY AUTHORITY, 
 Appointment of deputy by, 91 
 Illness, or inability to act, or vacancy, 89 
 Returning officer in election of urban district councillors, 89 
 
 CLERKS AND MESSENGERS, 
 Appointment, 197 
 Declaration of secrecy by, 197, 
 Duties of, if paid, 199 
 
 Number of, who may be employed for payment, 1 96 
 Qualification, 197 
 Vote, may not, if paid, 73, 199
 
 478 Index. 
 
 COCKADES, FLAGS, BANNERS, etc., 
 Giving or providing, not illegal, 220 
 Payment or contract for payment for, illegal, 220 
 What is a cockade or banner, 221 
 
 COMMITTEE. And see Committee Room. 
 Definition, 204 
 Illegal committees, 205 
 
 Detective committees, 205 
 Number and selection of, 205 
 
 .COMMITTEE-ROOMS. And see Committee. 
 Contract, hiring and payment for, 208, 209 
 Definition of, 206 
 Hiring of, 208, 209 
 
 Form of agreement, 209 
 
 Situation of, 209 
 Number that may be hired for payment, 208 
 Payment for, in excess of number allowed, 208 
 Places prohibited as, 206 
 
 Clubs, 206 
 
 Licensed premises, 207 
 Public elementary schools may be used, 207 
 Rooms lent gratuitously, 209 
 Use of, 210 
 
 COMPANY, JOINT STOCK, 
 
 Contract of, with board or council, does not disqualify shareholder, 59 
 Prohibition against shareholder voting, 59 
 Dispensation by county council, 59 
 
 COMPARTMENTS FOR MARKING VOTES. See Polling 
 Station. 
 
 COMPOUNDING DEBTOR. See Bankrupt. 
 
 COMPUTATION OF TIME. See Time, Computation of. 
 
 CONSENT, 
 
 Candidate to nomination, unnecessary, 1 1 7 
 
 But if elected not liable to fine, 117, 144 
 Refusal of guardian to serve, 145 
 
 CONSTABLES. And see Detectives. 
 Provision of by returning officer, 166 
 Duties of in polling station, 160 
 Declaration of secrecy by, 166 
 Vote can, 76 
 
 Vote how given when on duty, 240 
 
 CONSTITUTION. 
 
 Board of guardians, 6 
 Rural district council, 19 
 Urban district council, 25 
 
 CONTRACT. See Bargain or Contract. 
 
 CONVEYANCE OF VOTERS TO THE POLL. 
 Fetchers cannot be paid, 236 
 
 Illegal hiring, to let, borrow, etc., carriages, etc., 232 
 Illegal practice, to pay, etc., for voter's conveyance, 233 
 Difference between the two sections and offences, 233
 
 Index. 479 
 
 CONVEYANCE OF VOTERS TO THE VOLL—conimiied. 
 Voters *iay be conveyed in borrowed carriages, 234 
 Lending must be bona ftde, 234 
 Exemption from licence duty, 235 
 What carriages may be lent, 234 
 Voter may pay for his own conveyance, 235 
 
 So may several voters at their joint cost, 235 
 
 CONVICT. See Treason and Felony. 
 When disqualified as guardian, 52, 53 
 
 CORRUPT PRACTICES, 
 
 Definition of, in M.E.C.I.P.A., 320 
 
 General corrupt practices, avoidance of election for, 322 
 
 Ineligible as town councillor, person guilty of is, 49 
 
 As guardian, 60 
 Vote, person guilty of, cannot, 73 
 
 COST. See Expenses. 
 
 COUNCILLOR. See Rural District Councillor; Urban Dis- 
 trict Councillor. 
 
 COUNTING AGENT. And see Counting the Votes. 
 Appointment, 202 
 
 How and when made, 202 
 
 Form of, 203 
 
 Notice of, to be given to returning officer, 202 
 Declaration of secrecy by, 203 
 Death or incapacity, 204 
 Duties, 203 
 Liabilities, 204 
 
 Notice of counting to be given to, by returning officer, 274 
 Number of, 203 
 Qualification, 202 
 Remuneration, 204 
 Vote, cannot, if paid, 204 
 
 COUNTING ASSISTANT. And see Counting the Votes. 
 
 Appointment, 167 
 Form of, 1 67 
 
 Candidate's agent cannot act as, 169 
 
 Declaration of secrecy by, 167 
 
 Duties of, 168 
 ; Incapacities, 169 
 
 Instructions to, 268, 271 
 
 Liabilities, 168 
 
 Qualification, 167 
 
 Remuneration, 168 
 
 Vote, can, 168 
 
 COUNTING THE VOTES. And see Counting Agent ; Counting 
 Assistant. 
 Adjournment of counting, 305 
 
 Bad and doubtful votes ; jurisdiction of returning officer, 279 
 Ballot papers which shall be rejected, 282 
 Instances of, held bad, 285 
 Held good, 289 
 Indorsement on rejected ballot paper, 305 
 Casting vote, 306 
 Continuous, shall be, as far as possible, 276
 
 480 Index. 
 
 COUNTINCt the votes— rfl«//«««/. 
 Declaration of result, 308, 309 
 
 Candidate alleged to be disqualified should be returned, 309 
 
 Publication of result, 31 1 
 
 Sending by deputy, to returning officer, 311 
 Hours of counting, 276 
 Mode of counting, 267 
 
 Bad and doubtful votes to be first separated, 279 
 Notice of counting, 274 
 Preparations for counting, 265 
 
 Place of counting, 265 
 Its furniture, 266 
 Proceedings at counting, 276 
 
 Custody of papers during counting, 276 
 
 Precautions as to secrecy, 279 
 
 Recording, mixing, and counting the papers, 277 
 
 Who may be present, 276 
 Recounting when votes wrongly cast up, 303 
 Returning officer at counting, 264 
 
 Appointment and powers of deputy, 264, 265 
 Sealing up the packets, 307 
 
 COUNTY COUNCIL, 
 
 Difificulty in elections, power to remove, 14 
 
 In first elections, 15 
 Guardians, determination of number of, 9 
 
 Retirement of, powers in respect to, 12 
 Parish wards, dividing parish into, 4, 9, 19 
 
 Prohibition against shareliolder guardian voting, power to remove, 59 
 Rural parish co-extensive with rural district, 19 
 Scale of expenses of elections to be fixed by, 314 
 Union of parishes, for election of guardians, 5, 19 
 Urban district councillors, powers as to retirement of, 28 
 
 Alteration of number of, 27 
 
 CRIME, 
 
 Person convicted of, when meligible, 53 
 
 Effect of punishment endured, 53 
 Treason or felony, 63 
 
 CUSTOMS, .,, . ^ r 
 
 Officer of, exempt from service as guardian or councillor, 64, 05, 07 
 
 D. 
 
 DAY OF ELECTION, 
 
 Guardians, 95 
 
 Rural district councillors, lOI 
 
 Urban district councillors, 104 
 
 DEAF AND DUMB PERSON, 
 
 Exempt from service as town councillor, 49 
 
 As guardian, 61, 64 
 Ineligible as guardian, 61 
 Delivery of ballot paper to, 242 
 
 DEATH, 
 
 Candidate, after nomination and Ijefore poll, 128, 135, 139 
 
 After poll opened, 258 
 Casual vacancy caused by, 156 
 Chairman of board of guardians, 7 
 
 Urban district council, 26 
 Returning officer, death of, vacates appointment of deputy, 94
 
 Index. 48 r 
 
 DEBTOR, COMPOUNDING. See Bankrupt, 
 
 DECLARATION OF INABILITY TO READ, 
 Form of, 249 
 
 Must be read to voter, 248 
 Not to be placed in ballot box, 248 
 Voter making, may have his vote marked for him, 248 
 
 DECLARATION OF RESULT OF ELECTIONS, 
 Returning officer shall make, 127, 311 
 Form, 127, 135, 139 
 
 DECLARATION OF SECRECY, 
 
 Who must make, 90, 92, 162, 165, 167, 197, 200, 203 
 
 Analysis of enactment as to secrecy, 198 
 Constables, 166 
 Form of, and how taken, 197 
 Returning officer may make one only, in respect of all parishes, 90 
 
 DECLARATION ON ACCEPTANCE OF OFFICE, 
 Form, 142 
 Vacancy, casual, on failure to sign, 145 
 
 DEFINITION. See Interpretation of Terms. 
 
 DENTIST, 
 
 Exempt from service as guardian or councillor, 64, 65, 67 
 
 DEPUTY RETURNING OFFICER. And see Returning Officer, 
 Appointment, general or specific, 91 
 Death of returning officer vacates, 94 
 Defects in appointment, do not invalidate acts, 92 
 Incapacities, liabilities, etc., 94 
 Infant cannot be apjiointed, 93 
 Powers, 93 
 Qualification, 93 
 Remuneration, 94 
 Tenure of office, 93 
 
 •DESCRIPTION, 
 
 What is a person's, 113 
 
 DETECTIVES, 
 
 Employed as clerks or messengers, 199 
 Detective committees, 205 
 
 DIFFICULTY AS TO ELECTIONS, 
 Guardians, 14 
 
 Rural district councillors, 23 
 Urban district councillors, 28 
 
 DIRECTIONS FOR GUIDANCE OF VOTERS, 
 Form of, 176 
 
 Placarded outside polling stations, must be, 1 76 
 And in every compartment, 176 
 
 DISQUALIFICATION, 
 
 Declaring office vacant, 151, 153 
 
 Notice signifying declaration, 154 
 
 Notice to person affected before declaration made, 1 52 
 Whether disqualification includes cesser of qualification, 152 
 Guardian, 51, 60 . 
 
 2 I
 
 482 Index. 
 
 DISQUALIFICATION— rw//w7/t'i/. 
 Rural district councilloy, 65 
 Town councillor, 47 
 Urban district councillor, 67 
 
 DISTRICT COUNCIL, 
 
 Acting as parish council, 19 
 
 DIVIDED PARISH, 
 
 Number of guardians in, 10 
 Urban district councillors, 22 
 
 DRUNKARD, 
 
 Vote, when entitled to, 73, 242 
 Whether eligible as guardian, 61 
 
 DUMB. See Deaf and Dumb Person. 
 
 E. 
 
 ELECTION. And see Notice of Election ; Nomination ; Poll ; 
 Counting the Votes. 
 Chairman of board of guardians, 6 
 
 Rural district council, 20 
 Day of, see that title. 
 Difficulty in holding, removal of by county council, 14 
 
 At first elections, 15 
 Failure to elect, 16 
 Includes nomination and poll, 32, 52 
 Non-compliance with rules, consequences of, lOO 
 Separate election for each ward, 4 
 Vacancy, casual, election to fill, 156 
 Want of title of returning officer does not vitiate election, 90 
 
 ELECTION MEETING, 
 
 Bands of music, flags, cockades, etc., 220 
 
 Chairman of, and his functions, 222 
 
 Churches, chapels, and vestry rooms, use of, 219 
 
 Expulsion of disturbers, 222 
 
 Lecturers and speakers, 223 
 
 Licensed premises in rural parishes, meeting may be held in, 219 
 
 License in speech, 224 
 
 Newspaper reports of, 227 
 
 Places prohibited from use for, 218 
 
 Permitted for use for, 219 
 Stewards and persons to keep order, 223 
 What is an, 218 
 
 ELECTION PETITION, 
 Abatement, 346 
 
 Amendment impossible after time for presentation, 340 
 Certificate of finding to be sent to High Court, 344 
 
 Of High Court to returning officer, 344 
 Costs are in discretion of court, 347 
 
 Constituency or third party guilty, 347 
 
 Taxation, 348 
 Grounds for, 339 
 Particulars, 341 _ 
 
 Scrutiny and recriminatory lists, 342 
 
 Where general charges are made, 342
 
 Index. 48; 
 
 ELECTION VY.i:iT\0^— continued. 
 
 Relief when granted pending petition, 334 
 Report as to corrupt and illegal practices, 344 
 
 Exonerating from illegal iDractices, etc., 345 
 
 Special report, 345 
 Security for costs, 341 
 Service, 341 
 Special case, 342 
 Time for presentation, 340 
 
 How reckoned, 340 
 Trial, before whom and where, 343 
 
 Attendance of public prosecutor, 344 
 
 Certificate of findings, 344 
 
 Reserving questions of law, 344 
 Withdrawal, 346 
 
 Corrupt withdrawal, 347 
 Witnesses, how summoned, 342 
 
 Obligation to answer, and certificate of indemnity, 343 
 
 Expenses of, 343 
 
 ELECTOR. See Voter. 
 
 ERROR. See Mistake. 
 
 EXEMPTION FROM SERVICE, 
 Who are, as guardians, 64 
 
 Rural or urban district councillors, 65, 67 
 Town councillors, 49 
 
 EXPENSES OF ELECTION, 
 Candidate's, no limit on his, 195 
 
 No return or declaration of expenses, 195 
 
 No election agent, 195 
 Returning officer's in election of guardians, 312 
 
 Rural district councillors, 312 
 
 Urban district councillors, 313 
 
 Wards, where parish or district, divided into, 314 
 United parishes, 314 
 
 Where polls taken together, 313 
 Scale of, 314 
 
 F. 
 
 FACTORY INSPECTORS, 
 
 Exempt from service as guardians or councillors, 64 
 
 FAILURE TO ELECT, 
 Guardians, 16 
 Urban district councillors, 23 
 
 FELONY. See Treason and Felony. 
 
 FINE, 
 
 Acting before acceptance of office, 144 
 
 Acting in ofifice when disqualified, 149 
 
 Neglect or refusal to conduct or declare election, 90 
 
 Non-acceptance of office, 141 
 
 FLAGS. See Cockades, Flags, Banners, etc. 
 
 FORGERY, 
 
 Ballot paper, 258 
 Nomination jDaper, 117 
 
 2 12
 
 484 Index. 
 
 FORMS, 
 
 Affirmation by voter, 253 
 
 Agreement for hire of committee rooms, 239 
 
 For providing compartments in polling station, 175 
 Appointment of counting assistant, 167 
 Candidate's counting agent, 203 
 Deputy returning officer, 92 
 Polling agent, 200 
 Presiding oflicer or poll clerk, 162 
 Ballot paper, guardians, 180 
 
 Rural district councillors, 179 
 Urban district councillors, 181 
 Ballot paper account, 260 
 Canvass book, 212 
 Canvassing card, 215 
 
 Card of re-admission to counting hall, 267 
 To polling station 239 
 Voters' polling, 217 
 Declaration of acceptance of office, 142 
 Result of poll, guardians, 309 
 
 Rural district councillors, 311 
 Urban district councillors, 310 
 Secrecy, 197 
 
 Voter's inability to read, 249 
 Directions for guidance of voter in voting, 176 
 Instructions to counting assistants, 268 
 
 Chief counting assistant, 271 
 Letter summoning meeting of counting assistants, l6S 
 
 Presiding officers and poll clerks, 163 
 List of forms, accounts, and stationery, 182 
 Tendered votes, 254 
 Votes marked by presiding officer, 249 
 Nomination of candidate as guardian, 98 
 Rural district councillor, 102 
 Urban district councillor, 105 
 Notice of abandonment of poll, guardians, 126 
 Rural district councillors, 133 
 Urban district councillors, 138 
 Counting of votes, 275 
 Decision as to nomination, 122 
 Disqualification of candidate, 84 
 Election of guardians, 97 
 
 Rural district councillors, loi 
 Urban district councillors, 105 
 Candidate of his own election, 143 
 Nomination of rural district councillors not exceeding vacancies, 
 notice to candidate, 132 
 To overseers, 132 
 By overseers, 133 
 Poll, guardians, 1S6 
 
 Rural district councillors, 190 
 Urban district councillors, 1S9 
 Result of election of guardians, 127 
 Rural district councillors, 135 
 Urban district councillors, 139 
 Withdrawal of candidate, 124 
 Oath by voter, 253 
 Questions to voters, 250 
 Refusal to serve as guardian, 145 
 Resignation, tender of, by guardian or rural district councillor, 146
 
 hidex. 485 
 
 rORM S — continued. 
 
 Resignation by urban district councillor, 148 
 Resolution of council declaring office vacant, 153 
 Statement as to persons nominated as guardians, 123 
 Validly nominated as guardians, 125 
 Nominated as rural district councillors, 130 
 
 As urban district councillors, 137 
 Ballot papers rejected at counting of votes, 308 
 Votes marked by presiding officer, 260 
 Voters' polling card, 217 
 
 FREEMEN, 
 
 Not entitled to vote as parochial electors, 70 
 
 Or. 
 
 GUARDIANS, 
 
 Abolition of ex-officio and nominated guardians, 8 
 By whom elected, 2, 8 
 
 In single parishes, 3 
 
 In metropolitan unions and parishes, 4 
 
 In districts under local and personal Acts, 4 
 County boroughs, provisions of L. G. A. applied to, 13 
 Date of entry into office, 1 1 
 Elected in more than one parish, 64 
 Failure to elect, 16 
 Fine for non-acceptance of office, 64 
 Nominated without consent, exempt from fine, 65 
 Number of, 9 
 
 In divided parish, 10 
 
 In parish wards, 4, 9 
 
 In united parishes, 9 
 Outside guardians, election of, 10 
 Persons exempt from service as, 64 
 ■Qualification for election, 31 
 
 As paroch'al elector, 32 
 
 As town councillor in boroughs, 33 
 
 Residential qualification, 32 
 Retiren>ent, by thirds, il 
 
 Rotation of, 12 
 
 Simultaneous retirement, 12 
 
 Present guardians, 13 
 Rural district councillors act as, 23 
 Term of office, 1 1 
 
 H. 
 
 HIGHWAYS AND BRIDGES, 
 
 Contract for road materials, etc., does not disqualify as district coun- 
 cillor, 65, 67 
 
 IDIOT, 
 
 Cannot vote, 74 
 Ineligible as guardian, 62 
 Who is an, 63 
 
 ILLEGAL EMPLOYMENT, 
 
 Definition and consequences, 326, 327
 
 486 Index. 
 
 ILLEGAL HIRING, 
 
 Definition and consequences, 326, 327 
 
 ILLEGAL PAYMENT, 
 
 Definition and consequences, 326, 327 
 
 ILLEGAL PRACTICES, 
 
 Bill, placard or poster, without name of printer, 326 
 Committee-rooms, payment for, in excess of number allowed, 325 
 Conveyance of voters to poll, 325 
 Definition and consequences, 325 
 Exhibition of addresses, notices, etc., 325 
 Ineligible as^town councillor, person guilty of, is, 49 
 
 As guardian, 62 
 Vote, person guilty of, cannot, 74 
 
 ILLITERATE, 
 
 Vote of, given through presiding ofiicer, 248 
 
 ILLNESS, 
 
 Absence of guardian or councillor by reason of, 154 
 Chairman of board of guardians, 7 
 
 IMBECILE. See Idiot ; Infirm Person ; Lunatic. 
 
 INCAPACITY TO ACT, 
 
 Chairman of board of guardians, 7 
 Urban district council, 26 
 
 INCOMPATIBLE OFFICES, 
 Definition, 13 
 
 Acceptance of second, vacates first, 13 
 Instances of, 14 
 
 INCORPORATION, 
 Board of guardians, 6 
 Rural district council, 19 
 Urban district council, 25 
 
 INFANT, 
 
 Cannot vote, 74 
 
 Deputy returning officer, infant should not be appointed a?, 93 
 
 Nor as presiding officer, 162 
 
 But may be a counting assistant, if competent, 167 
 Full age, when completed, 36 
 Ineligible as guardian, 51 
 
 INFIRM PERSON, 
 
 Delivery of ballot paper to, 242 
 Marking of vote, by presiding officer, 24S 
 Vote, when he can, 74 
 
 INLAND REVENUE OFFICERS, 
 
 Exempt from service as guardians or district councillors, 64 
 
 INN. See Licensed Premises. 
 
 INTERPRETATION OF TERMS, 
 Abode, 1X2 
 
 Address, bill, or notice, 230 
 Adjoining, 5 
 Alien, 45 
 
 Appointed day, 8, 24 
 Baptismal name. III 
 Bill, placard, or poster, 230
 
 Index. 487 
 
 INTERPRETxVTION OF ^Y.'^'^l^—conthmcd. 
 Blasphemy, 225 
 Borouyh, 33 
 Bribery, 320 
 Building, 39 
 Business, 4 
 Canvassing, 211 
 Christian name, III 
 Clear day, 185, 202 
 Colourable, 216 
 Committee, 204 
 Committee-room, 206 
 Commonly understood, 100, 1 15 
 Corporate office, 62 
 Corrupt practice, 320 
 Counting house, 38 
 Description, 113 
 Election, 32, 52 
 Election meeting, 218 
 Fit person, 35 
 Forthwith, 123 
 Guardian, 2 
 House, 38 
 
 Illegal payment, employment and hiring, 326 
 Illegal practices, 323 
 Improvement Act district, 3 
 Inadvertence, 232 
 Incapable of acting, 7 
 Land, 59 
 
 Licensed premises, 207 
 Local government district, 3 
 Local government register of electors, 69 
 Month, 32, 143, 151 
 Neighbourhood, 66 
 Occupation, 37 
 Ordnance map, 42 
 Parish, 2 
 
 Urban parish, 3 
 Parliamentary register of electors, 69 
 Parochial elector, 33, 68 
 Parochial relief, or other alms, 45 
 Payment, 233 
 
 In M.E.C.LP.A., 324 
 Person, 24, 32 
 
 In M.E.C.LP.A., 325 
 Personation, 321 
 Polling district, 169 
 Polling place, 169 
 Polling station, 169 
 Poor law union, 3a 
 Profession, rank or calling, 1 14 
 Profit, 58 
 
 Public body, 73, 61 
 Public notice, 100 
 Rank, profession or calling, 114 
 Residence, 40 
 Rural sanitary district, 17 
 Sedition and seditious, 226 
 Signature, 116 
 Surname, 1 10
 
 488 Index; 
 
 INTERPRETATION OF T'ERUS—conthmed. 
 Treatini^, 321 
 Undue influence, 321 
 Urban district, 3 
 Parish, 3 
 
 Sanitary district and authority, 3 
 Vicinity, 66 
 Writing, what it includes, 91 
 
 J. 
 
 JEW, 
 
 Vote of, given on Saturday through presiding officer, 24S 
 
 JUSTICE OF THE PEACE, 
 
 Chairman of chstrict council, unless a woman, is a, 20 
 
 L. 
 
 LICENSED PREMISES, 
 
 Committee rooms may not be situate in, 206 
 
 Election meeting in rural parish may be held in, 219 
 
 What are, 207 ' 
 
 LOSS OF QUALIFICATION. 
 Absence for six months, 150 
 
 For approved reason, 151 
 Acting when disqualified, 149 
 
 What amounts to acting, 149 
 Declaring the office vacant, 153 
 
 Notice signifying declaration, 154 
 
 Notice to guardian or councillor affected, 152 
 Fine for acting when disqualified, 149 
 
 Prosecution for, 150 
 Vacancy caused by disqualification or absence, 151 
 
 Whether disqualification includes cesser of qualification, 152 
 
 When complete, 152 
 Validity of acts of person in office, 155 
 
 LUNATIC, 
 
 Cannot vote, except during lucid interval, 75, 242 
 Exempt from service as town councillor, 49 
 
 As guardian, 64 
 Ineligible as guardian unless during lucid interval, 63 
 Who is a, 63 
 
 M. 
 
 MAINTENANCE OF SECRECY. See Secrecy. 
 
 MEDICAL PRACTITIONER, 
 
 Exempt from service as guardian or councillor, 64 
 
 MEETING. See Election Meeting. 
 
 MESSENGER. See Clerks and Messengers. 
 
 MINOR. See Infant. 
 
 MISFEASANCE OR MISCONDUCT, 
 Liability of returning officer for, 90 
 
 Deputy returning officer, 94 
 
 Presiding officer, 165 
 
 Poll clerk, 166 
 Neglect or refusal to conduct or declare election, 90
 
 Index. 489 
 
 MISNOMER. See Mistake. 
 
 MISTAKE. 
 
 Ballot paper, in marking, 247 
 
 Computation of time, in, 317 
 
 Misnomer or inaccurate description of person or place, 100 
 
 In nomination paper, 115 
 Non-compliance with rules in B.A., loo 
 
 MUNICIPAL CORPORATIONS ACT, 1882, 
 Application of, to L.G.A., 141 
 
 MUNICIPAL ELECTIONS (CORRUPT AND ILLEGAL PRAC- 
 TICES) ACT, 1884, 
 Application of, to L.G.A., 141 
 
 NAME, 
 
 Board of guardians, 6 
 Rural district council, 20 
 
 Change of, and of district, 20 
 Urban district council, 25 
 
 Change of, and of district, 25 
 
 NEWSPAPER, 
 
 Contempt of court, words amounting to, 226 
 
 Fair and bo7id fide comment, 224 
 
 Gratuitous circulation of, 232 
 
 Interest in, does not disqualify as guardian or councillor, 59 
 
 Libellous comments, 227 
 
 Newsvendor of libellous, 228 
 
 NOMINATION AND NOMINATION PAPER, 
 Contents, 109, 129, 136 
 
 Filling up, 109 
 Dealing with, by returning officer, 119, 130, 136 
 Examination and decision, 119, 130 
 Frivolous objections, 121 
 Note when invalid, 12 1 
 Notice of decision, 122 
 Summary of invalidities, 120 
 Forged, etc., 117 
 
 Form, on election of guardians, 98, 115 
 
 Rural district councillors, 102 
 
 Urban district councillors, 105 
 
 Separate nominations essential, 115 
 
 Writing, shall be in, 109, 129, 136 
 
 Misnomer or inaccurate description, 115 
 
 Provision and supply of nomination papers, 96, loi, 105, 109 
 Relation of to election, 125 
 
 Exceeding vacancies, in election of guardians, 125 
 Rural district councillors, 13 1 
 Urban district councillors, 138 
 Not exceeding vacancies, in election of guardians, 125 
 Rural district councillors, 131 
 Urban district councillors, 138 
 Sending in to returning officer, 117, 130, 136 
 Numbering, 118
 
 490 Lidex. 
 
 NOMINATION AND NOMINATION VAVER—conihuied. 
 Signature, 115, 129, 136 
 
 Number that may be signed, 1 15 
 Order of signatures, 117 
 Wliat is signature, 1 16 
 By marksman, 117 
 Statement as to persons nominated, 123, 130, 137 
 
 NON-COMPLIANCE, See Mistake. 
 
 NOTICE. And see Forms ; Notice of Election ; Notice of 
 Poll. 
 Appoinment of counting agent, 202 
 Countermand of poll, 126, 133, 138 
 Counting of votes, 275 
 Decision as to nominations, 122 
 Disqualification of candidate, 84 
 
 Nomination of rural district councillors not exceeding number of 
 vacancies, notice to candidate, 132 
 
 To overseers, 132 
 
 By overseers, 133 
 Public notice, what is, 100 
 Result of election of guardians, 127 
 
 Rural district councillors, 135 
 
 Urban district councillors, 139 
 Vacancy in office of guardian or councillor, 158 
 Withdrawal of candidate, 124 
 
 NOTICE OF ELECTION. And see Notice ; Notice of Poll, 
 
 Contents, 95, loi, 104 
 
 Form, 97, loi, 105 
 
 Misnomer or inaccurate description, 100, 104, 107 
 
 Non-compliance or mistake, 100, 104, 107 
 
 Publication, 100, 104, 107 
 
 Signature, 97, loi, 105 
 
 NOTICE OF POLL. And see Notice ; Notice of Election. 
 Contents, 184 
 
 Countermand notice of poll, 126, 133, 138 
 Form in election of guardians, 186, 187 
 
 Rural district councillors, 190 
 
 Urban district councillors, 189 
 Misnomer or inaccurate description, 186 
 
 Name and address of printer and publisher must be given, 186 
 Public notice shall be given, 184 
 When to be given, 184 
 
 NUMBER, 
 
 Guardians, 9 
 
 In united parishes, 9 
 
 In parish wards, 9 
 
 In divided parishes, 10 
 Rural district councillors, 21 
 
 Alteration of number, 21 
 
 Where parish divided, 22 
 Urban district councillors, 27 
 
 Alteration of, 27 
 
 O. 
 
 OATH, 
 
 Voter's oath at poll, 253 
 Affirmation, 253
 
 Index. 491 
 
 OFFICE, INCOMPATIBLE. See Incompatible Offices. 
 
 OFFICE OF RETURNING OFFICER, 
 For purpose of election, 90 
 
 OFFICE OR PLACE OF PROFIT, 
 
 What, disqualifies as town councillor, 48 
 
 As guardian or district councillor, 52, 53 
 Assistant overseer and paid officer, 64 
 
 OFFICE, TERM OF, 
 Guardian, 11 
 
 Person elected to fill casual vacancy, 157 
 Rural district councillor, 22 
 Urban district councillor, 27 
 
 OFFICER, .„ ^ 
 
 Civil service, who exempt from service as guardian or councillor, 64 
 
 When eligible, 50 
 Local authority, officer of, eligible as guardian or councillor, 5 1 
 Military officer on full pay ineligible as town councillor, 49 
 Reserve forces, officer of eligible, 49 
 
 OFFICIAL MARK. And see Ballot Paper. 
 To be kept secret, 181 
 Want of, when fatal to validity of ballot paper, 2S2 
 
 OVERSEERS, 
 
 Assistant, ineligible as guardian, 64 
 
 Statement as to result of election shall be sent to, and made public by, 
 
 128, 134, 311 . ^ ^ 
 
 Supply of nomination papers by returning officer, 96 
 To parochial electors, 96 
 
 P. 
 
 PARISH, 
 
 Definition of, 2 
 
 Urban parish, 3 
 Division into wards, 4, 19 
 United parishes, 5 
 
 PARISH WARDS, 
 Alteration of, 5 
 Division of parish into, 4, 19 
 Number of guardians in, 10 
 
 Of rural district councillors, 21 
 
 PAROCHIAL ELECTORS, 
 
 Who are parochial electors, 68 
 
 In parish wards, 70 
 
 In parish polling districts, 71 
 Number of votes possessed by each elector, 71 
 
 At what station to vote, 240 
 Persons prohibited from voting, 72 
 
 Should not be brought up to vote, 236 
 Candidate, if an elector, may vote, 72 
 Conveyance of, to poll, 232 
 Police constables may vote, 76 
 Qualification in several parishes, 70 
 Register of, 70 ; conclusive, 72
 
 492 Index. 
 
 PAROCHIAL RELIEF OR OTHER ALMS, 
 " Other alms," what are, 45 
 Person in receipt of, disqualified as town coancillor, 45 
 
 As guardian, 5 1, 53 
 
 Cannot be registered, but if registered can vote, 76 
 What is parochial relief, 45 
 
 " PAYMENT," 
 
 Includes valuable consideration, etc., 233, 324 
 And therefore refreshment, 233, 324 
 
 PEER, 
 
 When eligible as guardian or district councillor, 51 
 
 PERSONATION, 
 Definition, 321 
 Persons charged with, in polling station, arrest of, 256 
 
 PERSONATION AGENT. See Polling Agent. 
 
 PLACARD. See Bill, Placard, and Poster. 
 
 POLICE. See Constables. 
 
 POLITICAL ASSOCIATION, 
 
 Distribution of political literature by, not illegal, 232 
 Rooms of, when useable as committee-rooms, 206 
 
 POLL. And see Ballot ; Parochial Elector ; Poll Clerk ; 
 Polling Agent ; Polling District, Place, and Station ; 
 Presiding Officer; Returning Officer. 
 Close of, 258 
 Day of, 185 
 
 Declaration of result, 308 
 Expenses of, 312 
 Hours of, 185 
 Notice of, see that title. 
 Opening the, 240 
 Polling card, form of voter's, 217 
 Where polls to be taken together, 183 
 
 When day and hours of poll to be the same, 184 
 
 POLL CLERKS, 
 
 Appointment and number, 165 
 Duties, 165 
 Liabilities, 166 
 Qualification, 165 
 Remuneration, 166 
 Right to vote, 166 
 
 POLLING AGENT, 
 
 Appointment, and how and when made, 200 
 
 Death and appointment of substitute, 202 
 
 Declaration of secrecy, must make, 200 
 
 Duties, 201 
 
 Liabilities, 202 
 
 Number of, 200 
 
 Origin and status, 199 
 
 Personators, power to order arrest of, 256 
 
 Qualification, 199 
 
 Remuneration, 201 
 
 Vote, cannot, if paid, 201
 
 Index. 493 
 
 POLLING DISTRICT, 
 Definition, 169 
 
 Division of parish or district into, 170, 171 
 Lists and registers to be framed in parts, 171 
 
 POLLING PLACE, 
 Definition, 169 
 
 Determination of, by returning officer, 172 
 Use of school and public room, 172 
 
 POLLING STATION, 
 
 Architectural form of, 173 
 
 Arrival of presiding officer and poll clerks at, 238 
 
 Candidates' polling agents, 239 
 
 Constables, and posting of, 238 
 
 Voters, 240 
 Bringing up voters, 236, 240 
 Clearing, on close of, 259 
 
 In case of confusion, 256 
 -■ Compartments for marking the votes, see that title. 
 Definition, 169 
 
 Directions for guidance of voter, 176, 238 
 Division of work in, 243 
 Ejection of offenders, 256 
 Forms, accounts and stationery, 182 
 Keeping order in station, 255 
 
 Arrest of personators, 256 
 
 Offenders against B.A., s. 3...25S 
 Light and firing, 182 
 Making up packets at close of poll, 261 
 Maintenance of secrecy, 256 
 Number of, to be provided, 172 
 Persons entitled to admission to, 255 
 School or public room, use of, 172 
 Several stations in one room, 173 
 Vote, at what station to, 240 
 
 In wards or polling districts, 241 
 
 At wrong station, 241 
 
 Voter shall quit station after voting, 246, 247 
 
 POOR LAW UNION, 
 
 How and by whom formed, 3 
 Metropolitan union, 4 
 
 POSTAL OFFICER, 
 
 Exempt from service as guardian or councillor, 65 
 
 POSTER. See Bill. Placard, and Poster. 
 
 PRESIDING OFFICER, 
 Appointment, 161 
 
 Candidate's agent, cannot act as, 165 
 Declaration of secrecy, shall take, 162 
 Duties of, 162 
 Incapacities, 165 
 Liabilities, 165 
 
 Meeting of, for instructions and discussion, 163 
 Misfeasance or misconduct, liability for, 165 
 Number, 161 
 QuaUfication of, 162 
 Remuneration, 165 
 Returning officer may act as, 162 
 Vote, can, 164
 
 494 Judex. 
 
 PRINTING AND ADVERTISING. And see Advertisement • Bill, 
 Placard, and Poster. 
 Name, etc., of printer, etc., must appear on all bills, etc., 229 
 Omission by candidate is an illegal practice, 229 
 By printer, subjects him to a fine, 229 
 What documents may be usefully printed, 231 
 What is evidence of printing or causing to be printed, 229 
 
 PROFIT. And see Bargain or Contract. 
 What is, 58 
 
 PUBLIC MEETING. See Election Meeting. 
 
 PUBLIC NOTICE, 
 How given, lOO 
 
 Q. 
 
 QUALIFICATION, 
 Counting agent, 202 
 Counting assistant, 167 
 Deputy returning officer, 93 
 Guardian, 31 
 Parochial elector, 32 
 Poll clerk, 165 
 Presiding officer, 162 
 Residential, 32, 65, 66 
 Rural district councillor, 65 
 Town councillor, 33 
 Urban district councillor, 66 
 
 QUESTIONS TO VOTER, 
 
 How and when to be put, 251 
 
 Form, 250 
 
 Meaning of, 250 
 
 No other inquiry permissible, 252 
 Answers, satisfactory, 251 
 
 False, 251 
 
 Unsatisfactory, 251 
 
 Refusal to answer, 252 
 
 QUORUM, 
 
 Board of guardians, 6 
 Rural district council, 20 
 Urban district council, 25 
 
 QUO WARRANTO, 
 
 Application for, 348 ; leave of court necessary, 348 
 Grounds of application, 350 
 
 Cesser of office and resignation, 350 
 Disqualification after election, 155 
 Irregularity not affecting result of election, 350 
 Ofiice must be public and not held at will, 349 
 Must be full, 349 
 Notice of application, 351 
 Time for making, 348 
 Writ is discretionary, 349 
 Costs, security for, when granted, 35 1 
 
 Of order nisi, 351 
 Definition, 348 
 Disclaimer, 352 
 Pleadings, 352
 
 Index, 495 
 
 QUO WARRANTO— r^«//«/m/. 
 Recognisance, 352 
 Relator, who may be, 350 
 Special case, 352 
 Trial, 352. 
 
 R. 
 
 RE-ELIGIBILITY, 
 
 Chairman of board of guardians, 8 
 
 Rural district council, 20 
 
 Urban district council, 26 
 Guardian, 51 
 
 REFUSAL TO ACCEPT OFFICE. See Acceptance of Office. 
 
 REGISTER OF PAROCHIAL ELECTORS, 
 Conclusive on presiding officer, 241 
 What it consists of, 69 
 Provision of, for poll, 182 
 Voter cannot vote unless on register, 70, 241 
 Where obtainable, 212 
 
 REGISTRARS OF BIRTHS, ETC., 
 
 Exempt from service as guardian or councillor, 65 
 
 RELIEF FROM ILLEGAL PRACTICES, ETC., 
 
 Application for, under what circumstances, 330 
 
 By and to whom made, 330 
 
 When to be made, 330 
 
 How made, 331 
 
 Notice of application and evidence, 331 
 Hearing of application and parties to be heard, T^Ty'i, 
 
 Evidence thereon, 331 
 
 Applications which have been granted, 334 
 Refused, 335 
 Order and its effect, 336 
 
 Costs, 337 
 
 Appeal, 337 
 
 RELIEVING OFFICER, 
 
 When authorised to hold paid office, (yT, 
 
 RESIDENCE. See Abode. 
 
 RESIDENTIAL QUALIFICATION, 
 Guardian, 32 
 
 Rural district councillor, 65 
 Urban district councillor, 66 
 
 RESIGNATION OF OFFICE, 
 
 Chairman of board of guardians, 7 
 
 Urban district council, 26 
 Guardian, or rural district councillor, tender of, 146 
 
 Acceptance by Local Government Board necessary, 146 
 Urban district councillor can resign as of right, 147 
 
 Notice of, 147 ; form, 14S 
 
 When complete, 148 
 
 Withdrawing, 148 
 
 Declaring the office vacant, 148 
 Vacancy, casual, caused by, 147, 149 
 Who can resign, 147
 
 496 Index. 
 
 RETIREMENT, 
 
 Guardians, by thirds, 1 1 
 
 Rotation of retirement, 12 
 
 Simultaneous retirement, 12 
 
 Present guardians, 13 
 
 In county boroughs, 13 
 
 Chairman of board of guardians, eligible upon, 8 
 Rural district councillors, 22 
 
 Of existing rural sanitary authority, 23 
 Urban district councillors, 27, 
 
 Chairman of urban district council, 26 
 RETURNING OFFICER. And see Deputy Returning Officer. 
 Attendance to receive ballot papers, etc., 262, 275 
 Counting the votes, returning officer at, 264 
 Declaration of secrecy, 90 
 
 Election petition complaining of conduct of, 339 
 Expenses, see that title. 
 Incapacities, 90 
 
 Ineligible as, at any election at which he acts, 63 
 Liabilities and penalties, 90 
 Misfeasance or misconduct, 90 
 Neglect or refusal to conduct election, 90 
 Prosecution of personators, 256 
 
 Of offenders against B. A., s. 3. ..258 
 Office for purpose of election, 90 
 Title, want of, does not vitiate election, 90 
 Unwillingness to act, and appointment of deputy, 89 
 Vote, no original, but casting, if an elector, 76, 306 
 Who is the, 89 
 
 RURAL DISTRICT, , , , ^ 
 
 Union with neighbouring district where less than five guardians, 17 
 
 RURAL DISTRICT COUNCIL. And see Rural District Coun- 
 cillors. 
 Chairman, election of, 20 
 
 Justice of the Peace, 20 
 Constitution, 19 
 Establishment of, 17 
 First meeting, 20 
 
 First chairman, 20 
 Incorporation and name, 19 
 Parish council, district council acting as, 19 
 Quorum, 20 
 Vice-chairman, 21 
 Vhere number of guardians less than five, 17 
 
 Temporary administration by adjoining district council, 18 
 
 RURAL DISTRICT COUNCILLORS. And see Rural District 
 Council. 
 By whom elected, 2, 21 
 Date of entry into office, 22 
 Guardians, functions as, 23 
 
 Nominated without consent, exempt from fine, I44 
 Number of, 21 
 
 Alteration of number of, 21 
 Persons exempt from service as, 65 
 Qualification for election and acting, 65 
 Retirement of, 22 
 
 Existing rural sanitary authorities, 23 
 Term of office, 22
 
 Index. 497 
 
 s. 
 SCHOOL, 
 
 Poll may be taken in, 172 
 Votes may be counted in, 266 
 
 Damage must be made good, 172, i66 
 
 SECRECY, MAINTENANCE OF, 
 Counting of votes, at, 279 
 Polling station, at, 256 
 Provisions of B.A., s. 4...19S 
 
 Taking the declaration, 90, 92. 162, 165, 167, 197, 200, 203 
 Form, 197 
 
 SHAREHOLDER. See Company, Joint Stock. 
 
 SIGNATURE, 
 
 Marksman, signature of, 117 
 What is signature, 116 
 
 SPEECHES AND REPORTS, 
 
 Blasphemous words, 225 
 
 Contempt of court, words amounting to, 226 
 Fair and bond fide comment, 224 
 Imputations of corrupt conduct, 228 
 Lecturers and speakers, 223 
 
 Travelling expenses of, 223 
 Libellous comments, 227 
 
 Newsvendor of, 22S 
 Seditious words, 226 
 
 SPOILT BALLOT PAPER. See Ballot Paper. 
 
 STAMPING INSTRUMENT, 
 
 Delivery to returning officer at close of poll, 262 
 
 Provision of, 181 
 
 STATEMENT, 
 
 Persons nominated, 123 
 
 To returning officer in urban district, 124 
 Result of elections of guardians, 127 
 Rural district councillors, 134 
 Urban district councillors, 138 
 
 STATUTORY QUESTIONS. See Questions to Voter. 
 
 SUNDAY. And see Time, Computation of. 
 Counting votes on a, 276 
 Provision in B.A. as to, 315 
 
 SURNAME, 
 
 Change of, how effected, no 
 
 New, may be acquired by repute, no 
 
 What is a, i lo 
 
 T. 
 
 TENDERED BALLOT PAPER. See Ballot Paper. 
 
 TIME, COMPUTATION OF, 
 
 Election petitions, in, 340 
 Greenwich mean time prevails, 118 
 Miscalculation or mistake, consequerce of, 317 
 Sundays, bank holidays, etc., 315 
 What are bank holidays, 315 
 Time tables for first elections, 31S 
 
 2 K
 
 498 Index. 
 
 TOWN COUNCILLOR, 
 
 Person qualified as, eligible as guardian in borough, 33 
 
 TREASON OR FELONY, 
 
 Person convicted of, ineligible as guardian, 63 
 Cannot vote, 76 
 
 TJ. 
 
 UNITED PARISHES, 
 Formation of, 5, 9, 19 
 Number of guardians in, 9 
 
 Rural district councillors, 21 
 
 URBAN DISTRICT, 
 
 Conversion of existnig into new district, 24 
 Division into wards, 24 
 What is an, 3 
 
 URBAN DISTRICT COUNCIL. And see Urban District Coun- 
 cillor. 
 Chairman, election of, 25 
 
 Justice of the peace, 26 
 Constitution, 25 
 Establishment of, 24 
 First meeting, 26 
 
 First chairman, 26 
 Incorporation and name, 25 
 Quorum, 25 
 Vice-chairman, 26 
 
 URBAN DISTRICT COUNCILLORS. And see URBAN DISTRICT 
 Council. 
 By whom elected, 26 
 Date of entry into office, 27 
 
 Nominated without consent exempt from fine, 144 
 Number of, 27 
 
 Alteration of number of, 27 
 Persons exempt from service as, 67 
 Qualification for election and acting, 66 
 Retirement of by thirds, 27 
 
 Simultaneous, 28 
 Term of office, 27 
 
 V. 
 
 VACANCY. See Casual Vacancy. 
 
 VALIDITY. 
 
 Acts of person in oflice, 155 ^ 
 
 Election, notwithstanding returning officer s want of ti.Ie, 90 
 
 Incomplete board of guardians, 17 
 
 VICE-CHAIRMAN, 
 
 Board of guardians, 8 
 Rural district council, 21 
 Urban district council, 26 
 Term of office, 26 
 
 VOTER. See Parochial Elector. 
 Interference with, prohibited, 256 
 Polling card, form of, 217 
 Register of, v/here obtainable, 212
 
 Index. 499 
 
 VOTKS. See Ballot Paper ; Counting the Votes. 
 
 VOTlvS THROWN AWAY. 
 
 l-;ffect of, 78 
 
 What disqualifications have this effect, 79 
 
 IDisqualificalioii disputed or doubtful, 80 
 
 Notorious, 82 
 Notice of disqualification, 83 
 
 Publication and service, 85 
 
 Form, 83 
 
 Counter-notice, 85 
 
 W. 
 
 VOTER'S POLLING CARD, 
 Distribution of, and form, 217 
 
 WARDS. See Parish Wards. 
 
 WITHDRAWAL OF CANDIDATE. 
 
 After nomination and before poll, 124, 131, 1 38 
 
 WOMAN, 
 
 Eligible as guardian, 32 
 
 District councillor, 65, 66 
 Chairman of board of guardians, 6 
 Urban district council, 25 
 
 Ineligible as town councillor, 35 
 
 Vote, can, if registered, 70 
 
 WORDS. See Interpretation of Terms. 
 
 "WRITING," 
 
 What it includes, 91 
 
 WORKHOUSE MASTER, 
 
 Ineligible for parochial office, 63
 
 L O N D O X : 
 PRINTED BY WILLIAM CLOWES AND SONS, Limited, 
 
 STAMFORD STREET AND CHARING CROSS.
 
 Iknigbt d dompan^'s Jforms, 
 
 FOR CONDUCTING 
 
 GUARDIANS' ELECTIONS 
 
 (OUTSIDE LOKBOK), 
 
 IN CONFORMITY WITH THE 
 
 RULES OF THE LOCAL GOVERNMENT BOARD 
 
 AND 
 
 THE BALLOT ACT. 
 
 V/ith additional USEFUL FORMS, settled or revised by Mr. FRANK ROWLEY PARKER. 
 
 1 Notice of Election, Parishes (Form i) 
 I* ,, ,, United Parishes or Wards 
 
 2 Nomination Papers, Parishes . . 
 2* ,, ,, United Parishes or Wards 
 2a Notice to Candidate of Valid Nomination 
 2/' ,, ,, Invahd ,, .......... 
 
 3 Statement as to Persons Nominated (Front Sheets), Urban Parishes (Form 2) . . ,, 4 
 
 4 ,, ,, ,, „ ,, United Parishes and Wards . . ,, 4 
 4* ,, ,, ,, Followers .. .. .. .. .. .. ,, 4 
 
 5 Notice that No Poll will be taken. Parish (Form 3) . . . . . , ,, 4 
 5* ,, ,, _ ,, Ward or United Parishes .. .. .. .. ,, 4 
 
 6 ,, of Poll (Guardians only) Form 4, ParLsh .. .. .. .. .. ,. ,, 4 
 
 6* ,, ,, ,, ,, Ward or United Parish . . .. .. .. .. ,, 4 
 
 7 ,, ,, (Urban District Council and Guardians) (Form 5) Parish .. .. ,, 4 
 7* )) 11 i> I. ,, ,, Ward or Urban 
 
 Parish . . . . . . . . . . . . . . . . . . . . ,, 4 
 
 S Declaration of Result of Pol! (Form 6), Parish .. .. .. .. .. .. ,, 3 
 
 8* ,, ,, ,, Ward or Urban Parish .. .. .. „ 3 
 
 9 Notice of Result of Elections (Form 7), Front Sheets .. .. .. .. .. ,, 4 
 
 10 ,, ,, ,, Followers .. .. .. .. .. ,, 4 
 
 lort Notice of Withdrawal by Candidate (Rule 9) .. .. .. .. .. .. ,, 3 
 
 10/' Notice to Candidate of Election and of the first Meeting of the Board . . . . ,, 3 
 
 11 Declaration of Guardians on Acceptance of Office, in Books .. .. .. .. each 7 
 
 12 Appointment of Deputy Returning Officer (General Form) .. .. .. .. per 50 3 
 
 13 >i n ,, (Specific) .. .. .. .. .. ,, 3 
 
 14 ,, Presiding Officer, with Note of Acceptance at foot and Declaration 
 
 of Secrecy .. .. .. .. .. .. .. .. .. ,, 3 
 
 15 ,, Poll Clerk, with Note of Acceptaiice at foot and Declaration of 
 
 Secrecy . . . . . . . . . . . . . . . . . . , , 3 
 
 16 ,, Counting Assistant, with Note of Acceptance at foot and Declaration 
 
 of Secrecy . . . . . . . . . . . . . . . . . . ,, 3 
 
 17 ,, Candidate's Polling Agent (Rule 18) .. .. .. .. ,, 3 
 
 i3 ,, Counting Agent (Ballot Act, Schedule i), (Rule 31) .. .. .. ,, 3 
 
 19 Notice of Time and Place for Counting Votes .. .. .. .. .. .. ,, 3 
 
 20 Notice to Presiding Officer or Poll Clerk of his Appointment, and requesting 
 
 Attendance to Receive Instructions and make Declaration of Secrecy . . ,, 3 
 
 21 Notice to Counting Assistant of his Appointment, and requesting Attendance to 
 
 Receive Instructions and make Declaration of Secrecy . . .. .. .. ,, 3 
 
 22 Declaration of Secrecy . . . . . . . . . . . . . . . . . . . . ,, 3 
 
 23 Directions for Guidance of Voters .. .. .. .. .. .. .. .. ,, 4 
 
 24 Ballot Papers . . . . . . ) -r- ^ » 
 
 25 „ tendered . . . . )' ^^ ^'''^'"'- 
 
 26 Declaration of Inability to Read .. .. .. .. .. .. .. ,, 3 
 
 27 Questions to Voters, with Form of 
 
 Oath and Affirmation . . • • ) These Forvis are contained in \ per doz. .i 
 
 28 List of Tendered Votes . . '. Knight &" Co.'s Boxes 0/ J per 50 3 
 
 29 ,, Marked Votes 1 Sundries. i ,, ■ 3 
 
 30 Ballot Paper Account . . .... - ■ >> 3 
 
 31 Agreement between Returning Officer and Contractor to furnish Fittings for Polling 
 
 Stations . . . . . . . . . . . . . . . . . . . . per doz. 2 
 
 32 Gummed Labels, "IN" and "OUT" .. .. .. .... .. .. per 50 » 
 
 33 "W^^i "THIS WAY TO THE POLL " grrS^ available (by cutting off one 
 
 "^-^ " hand ") for either left or right . . *-^ '.. .. „ 3 
 
 34 Label for Ballot Bo.xes, "VOTES FOR GUARDIANS" per doz. i 
 
 35 Label for Ballot Boxes, "VOTES FOR URBAN DISTRICT COUNCILLORS ■ „ i 
 
 36 Larj;e Placard, setting out the Provisions of the Statutes in regard to Corrupt and 
 
 Illegal Practices .. .. .. .. .. .. .. .. .. .. per 50 6 
 
 37 Instructions to Presiding Officer .. .. .. .. .. .. each o 
 
 38 Knight's Improved Automatic Counting Sheets (each sheet available for from one to 
 
 twelve Candidates) .. .. .. .. .. .. per doz. 3s., per 50 6 
 
 LAW LIBRARY ^qM ^ ^ 
 
 TTNTVERSITY OF CALIFORNfli^ 
 
 ISSar
 
 miUGbt a L,** 
 
 000 785 566 1 
 
 , rms, 
 
 FOR CONDUCllNG 
 
 RURAL DISTRICT COUNCIL ELECTIONS, 
 
 IN CdNKOK.MlTV WM II IIIE 
 
 RULES OF THE LOCAL GOVERNMENT BOARD 
 
 AND 
 
 THE BALLOT ACT. 
 With additional USEFUL FORH/fS, settled or revised by Mr. FRANK ROWLEY PARKER. 
 
 Notice of Election (Form I in Schedule) 
 
 Nomination Paper (Parish) ■' c , '; , ^ " 
 
 ,, (Ward or United Parishes) (Form 2 ui Schedule) .. 
 
 Notice to Candidate of Valid Nomination 
 
 ,, ,, Invalid ,, 
 
 Statement as to Persons Nominated (Front Sheet) (Parish) 
 
 ,, „ (Ward or United Parishes) 
 
 ,, . „ (Followers) . . 
 
 Notice that no Poll will be taken (Form 3 in Schedule) (Parish) 
 
 „ „ (Ward or United Parishes) 
 
 Notice of Poll, Rural District Councillors only (Form 4 in Schedule) (Parish) 
 
 „ „ (Ward or United Parishes) 
 
 ,, Parish Councillors and Rural District Councillors (Parish) (Form 5 
 in Schedule) ' 
 
 ,1 ,, ., ,, (Ward or United Parishes) 
 
 Declaration of Result of Poll (Form 6 in Schedule) (Parish) . ._ .. .. 
 
 I, ,, „ (Ward or United Parishes) 
 
 Notice of Result of Election (Front Sheet) (Form 7 in Schedule) 
 
 ,, ,, (Followers) 
 
 Notice to Candidate that he will be Returned as Elected (Uncontested) (Rule 9) (2) 
 „ Overseer of Names, &c., of Candidates to be Returned 
 
 Public Notice of do. by Overseer 
 
 Notice of Withdrawal by Candidate (Rule 10) 
 
 Letter to Overseer(Rule 23)(3), sending Copies of Statement as to Result of Elections 
 
 (Form 7 in Schedule), with Directions how to Publish the same 
 Notice to Candidates of Election, and Summons to attend first Meeting of Rural 
 District Council . . . . . . . . . . • • • • . • • 
 
 Declaration of Rural District Councillor on Acceptance of Office, in Books 
 Appointment of Deputy Returning Officer (General Form) 
 ,, ,, >) 1! (Specific) 
 
 „ Presiding Officer, with Note of Acceptance at foot, and Declaration 
 
 of Secrecy . . 
 ,, Poll Clerk do. do. do. 
 
 ,, Counting Assistant do. do. do. 
 
 ,, Candidates' Polling Agent (Rule 18) 
 
 ,, ,, Counting Agent (Ballot Act, Schedule i)(Rule 31) 
 
 Notice of Time and Place for Counting Votes 
 
 „ to Presiding Officer or Poll Clerk of his Appointment, and requesting 
 
 Attendance to Receive Instructions and make Declaration of Secrecy. 
 ,, ,, Counting Assistant do. do. do. 
 
 Declaration of Secrecy . . 
 Directions for Guidance of Voters 
 
 Ballot Papers > 
 
 ,, tendered 
 
 Declaration of Inability to Read 
 Questions to Voters with form 
 
 Oath and Affirmation 
 List of Tendered Votes . . 
 ,, Marked Votes . . 
 Ballot Paper Account .... 
 Agreement between Returning Officer and Contractor to furnish Fittings for Polling 
 Stations 
 
 Gummed-Labels, " IN" and "OUT " 
 
 ««i!B"THIS WAY TO THE POLL" i^:^ available (by cutting off one 
 
 ^^-^ " hand ••) for either left or right . . ^"-^ 
 
 Labels for Ballot Bo.Ne.s, "VOTES FOR RURAL DISTRICT COUNCILLORS 
 
 ONLY" 
 
 Labels for Ballot Bo.xes, "VOTES FOR PARISH COUNCILLORS ONLY" 
 Large Placard, Setting out the Provisions of the Statutes in re'gard to Corrupt and 
 
 Illegal Practices . . 
 Instructions to Presiding Officers . . . . . . . . . . . . 
 
 Knight's Improved Automatic Counting Sheets (each sheet available for from one to 
 twelve Candidates) per doz. 3s., 
 
 each 
 per 50 
 
 - To Order. 
 
 °') 
 
 These Forms are cont/thted in 
 Knight (S^ Co.'s Boxes of 
 Sundries. 
 
 per doz. 
 per 50 
 
 per doz. 
 per 50 
 
 per doz. 
 
 per 50 
 each 
 
 s. D. 
 
 4 o 
 
 % o 
 
 3 o 
 
 3 o 
 
 3 o 
 
 4 o 
 4 o 
 4 o 
 
 3 o 
 
 3 o 
 
 3 o 
 
 3 o 
 
 3 o 
 
 7 6 
 
 3 o 
 
 3 o 
 
 3 o 
 
 3 o 
 
 3 o 
 
 3 o