i$C>5 THE RELATING TO THEJVIANAGEMENT PARLIAMENTARY MUNICIPAL AND COUNTY COUNCIL ELECTIONS. WATEBLOMNDSONS J,IMTEMjf!Ni)0NlM,l.IONDOH UNIVERSITY OF CALIFORNIA IN MEMOK1AM BERNARD MOSE A HANDBOOK or THE LAW RELATING TO THE MANAGEMENT OF PARLIAMENTARY, MUNICIPAL AND COUNTY COUNCIL ELECTIONS, SECOND EDITION, BY HENEY STEPHEN, Esquire, OF THE MIDDLE TEMPLE, BABSISTEK-1T-LAW, Editor of 9th Edition Stephen's Commentaries and Joint Author of the County Council Compendium. LONDON : WATERLOW AND SONS LIMITED, LONDON WALL. 1883. J N [% 8 2 PREFACE npHIS handy book is designed for persons who may require, in a compendious form and for immediate use, a brief statement of the Law relating to the machinery of Elections. The Ballot Act, 1872, and those portions of the Local Government Act, 1888, and the Municipal Corporations Act, 1882, which refer to the conduct of Elections are printed in an anno- tated form ; a chapter showing the effect of breaches of the provisions of the Acts upon all Election and a Table of References to the Statutes which prescribe the procedure at Parliamentary, Municipal and County Council Elections being added, with the view of enabling everyone to ascertain what the law is, and where it may be found. HENRY STEPHEN 1, Mitre Court Buildings, Temple. 212911 PARLIAMENTARY, MUNICIPAL AND COUNTY COUNCIL ELECTIONS. The Law relating to Procedure at Parliamentary, Municipal and County Council elections is contained in the Ballot Act, 1872, the Municipal Corporations Act, 1882, the Local Government Act, 1888, and the Corrupt Practices Acts of 1883 and 1884. With regard to the nomination of candidates at parlia- mentary elections the Ballot Act (35 & 36 Vict. c. 33) enacts that :— Whereas it is expedient to amend the law relating to procedure at parliamentary and municipal elec- tions : Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — 1. A candidate for election to serve in parliament Nomination for a county or borough shall be nominated in ^teTfor writing. The writing shall be subscribed by two pai-iia- registered electors of such county or borough as mentary proposer and seconder, and by eight other registered e ' electors of the same county or borough as assenting to the nomination, and shall be delivered during the time appointed for the election to the returning officer by the candidate himself, or his proposer or seconder. If at the expiration of one hour after the time appointed for the election no more candidates stand " nominated than there are vacancies to be filled up, the returning officer shall forthwith declare the 1 2 PARLIAMENTARY, MUNICIPAL AND candidates who may stand nominated to be elected, and return their names to the Clerk of the Crown in Chancery ; but it" at the expiration of such hour more candidates stand nominated than there are vacancies to be filled up, the returning officer shall adjourn the election and shall take a poll in manner in this Act mentioned. A candidate may, during the time appointed for the election, but not afterwards, withdraw from his candidature by giving a notice to that effect, signed by him, to the returning officer ; Provided that the proposer of a candidate nominated in his absence out of the United Kingdom may withdraw such candidate by a written notice signed by him and delivered to the returning officer, together with a written declaration of such absence of tlie candidate. If after the adjournment of an election by the returning officer for the purpose of taking a poll one of the candidates nominated shall die before the poll has commenced, the returning officer shall, upon being satisfied of the fact of such death, counter- mand notice of the poll, and all the proceedings with reference to the election shall be commenced afresh in all respects as if the writ had been re- ceived by the returning officer on the day on which proof was given to him of such death : Provided that no fresh nomination shall be necessary in the case of a candidate who stood nominated at the time of the countermand of the poll. For the nomination of candidates at Municipal and County Council elections reference must be made to the Municipal Corporations Act, 18S2 (45 & 46 Vict. c. 50), and the Local Government Act, 1888 (51 & 52 Vict. c. 41). The former of these Acts enacts : — Nomination 53. At an election of councillors for a whole of can ii- borough the returning officer shall be the mayor. municipal (2.) At an election for a ward the returning and < '"] mty officer shall be the alderman assigned for elections. that purpose by the council at the meeting of the 9th of November. 54. Nine days at least before the day for the election of a councillor, the town clerk shall prepare COUNTY COUNCIL ELECTIONS. 3 and sign a notice thereof and publish it by fixing it on the town hall, and, in the case of a ward election, in some conspicuous place in the ward. 55. The nomination of candidates for the office of councillor shall be conducted in accordance with the rules in Part II. of the Third Schedule. 56. (1.) If the number of valid nominations exceeds that of the vacancies, the councillors shall be elected from among the persons nominated. (2.) If the number of valid nominations is the same as that of the vacancies, the persons nominated shall be deemed to be elected. (3.) If the number of valid nominations is less than that of the vacancies, the persons nominated shall be deemed to be elected, and such of the retiring councillors for the borough or ward as were highest on the poll at their election, or, if the poll was equal, or there was no poll, as are selected for that purpose by the mayor, shall be deemed to be re-elected to make up the required number. (4.) If there is no valid nomination, the retiring councillors shall be deemed to be re-elected. 57. If an election of councillors is not contested, the returning officer shall publish a list of the persons elected not later than eleven o'clock in the morning on the day of election. Rules as to Nomination in Elections of Councillors. 1. Every candidate for the office of councillor, must be nominated in writing. 2. The writing must be subscribed by two burgesses of the borough, or, in the case of a ward election, of the ward, as proposer and seconder, and by eight other burgesses of the borough or ward, as assenting to the nomination. 3. Each candidate must be nominated by a separate nomination paper, but the same burgesses, or any of them, may subscribe as many nomination 4 PARLIAMENTARY, MUNICIPAL AND papers as there are vacancies to be filled, but no more. 4. Each person nominated must be enrolled in the burgess roll, or entered in the separate non-resident list required by this Act to be made. 5 . The nomination paper must state the surname and other names of the candidate, with his abode and description. 6. The town clerk shall provide nomination papers, and shall supply any burgess with as many nomina- tion papers as may be required, and shall, at the request of any burgess, fill up a nomination paper. 7. Every nomination paper subscribed as afore- said, must be delivered by the candidate or his proposer, or seconder, at the town clerk's office, seven days at least before the day of election, and before five o'clock in the afternoon of the last day for delivery of nomination papers. 8. The town clerk shall forthwith send notice of every such nomination to each candidate. 9. The mayor shall attend at the town hall on the day next after the last day for delivery of nomina- tion papers for a sufficient time, between the hours of two and four in the afternoon, and shall decide on the validity of every objection made in writing to a nomination paper. 10. Where a person subscribes more nomination papers than one, his subscription shall be inopera- tive in all but the one which is first delivered. 11. Each candidate may, by writing signed by him, or, if he is absent from the United Kingdom, then his proposer or seconder may, by writing signed by him, appoint a person (in this schedule referred as the candidate's representative) to attend the proceedings before the mayor on behalf of the candidate, and this appointment must be delivered to the town clerk before five o'clock in the afternoon of the last day for delivery of nomination papers. 12. Each candidate and his representative, but no other person, except for the purpose of assisting the mayor, shall be entitled to attend the proceedings before the mayor. COUNTY COUNCIL ELECTIONS. 5 13. Each candidate and his representative may, during the time appointed for the attendance of the mayor for the purposes of this schedule, object to the nomination paper of any other candidate for the borough or ward. 14. The decision of the mayor shall be given in writing, and shall, if disallowing an objection, be final, but if allowing an objection, shall be subject to reversal on petition questioning the election return. 15. The town clerk shall, at least four days before the day of election, cause the surnames and other names of all persons validly nominated, with their respective abodes and descriptions, and the names of the persons subscribing their nomination papers as proposers and seconders, to be printed and fixed on the town hall, and in the case of a ward election, in some conspicuous place in the ward. 16. The nomination of a person absent from the United Kingdom shall be void, unless his written consent given within one month before the day of his nomination in the presence of his witnesses is produced at the time of his nomination. 17. Where the number of valid nominations exceeds that of the vacancies, any candidate may withdraw from his candidature by notice signed by him, and delivered at the town clerk's office not later than two o'clock in the afternoon of the day next after the last day for delivery of nomination papers : Provided that such notices shall take effect in the order in which they are delivered, and that no such notice shall have effect so as to reduce the number of candidates ultimately standing nominated below the number of vacancies. 18. In and for the purposes of the provisions of this Act relating to proceedings preliminary to election, the burgess roll or ward roll, and a person whose name is inserted in one of the lists from which the burgess roll or ward roll will be made up, shall be deemed to be enrolled in that roll although that roll is not yet completed. And these sections and schedule have been adopted by the latter of the statutes mentioned above with certain modifies- 6 PARLIAMENTARY, MUNICIPAL AND tions contained in the 75th section, which provides in sub- sections : (4.) A reference in this Act, or in the enactments applied by this Act to the returning 1 officer or to the mayor or to the alderman shall, so far as relates to the election of any such coun- cillor, be construed to refer to the returning officer, and any such deputy as above men- tioned. (5.) A reference in the said enactments to the town clerk so far as respects the election of any such councillor shall be construed to refer to the returning officer or his deputy, and as respects matters subsequent to the election shall be construed to refer to the clerk of the county council. (6.) In a borough the returning officer for the purpose of the election of councillors of the borough shall continue to be the same as heretofore, and where an electoral division of the county is co-extensive with or wholly comprised in such borough, shall at the election in such division of a councillor of the county council act as the returning officer in pursuance of a writ directed to him from the county returning officer, and so far as respects that election shall follow the instructions of, and return the names of the persons elected to the county returning officer in like manner as if he were a deputy returning officer, and any decision of an objection shall be subject to revision by the county returning officer accordingly, and a reference in the said enactments to the town clerk shall, as respects the borough, be construed to refer to the town clerk. (7.) Some place fixed by the returning officer shall, except where the election is in a borough, be substituted for the town clerk's office, and, as respects the hearing of ob- jections to nomination papers, for the town hall, but such place shall, if the electoral COUNTY COUNCIL ELECTIONS. 7 division is the whole or part of an urban district, be in that district, and in any other case shall be in the electoral division or in an adjoining electoral division. (8.) The returning officer shall forthwith, after the election of county councillors for the county, return the names of the persons elected to the clerk of the county council. (9.) The period between the nomination and election may be such period, not exceeding six days, as the returning officer may fix. The following cases on the construction of these sections are useful: Mather v. Brown, L.R.I, C.P.D. 596, 45 L.J. Q.B. 547, and Henry v. Armitage L.R. 12 Q.B.D. 257, 53 L.J. Q.B. Ill, which relate to the filling up of nomination papers as to name; Soper v. Mayor of Basingstoke, L.R. 2 C.P.D. 440, 46 L.J. C.P. 422 as to the abode of candidate. As to the power of the returning officer to decide objections : Howes v. Turner 1 C.P.D. 670, 45 L.J. Q.B. 550 ; Monks v. Jackson, 1 CD. 683, 46 L.J. Q.B. 162, in which cases it was held that the returning officer could only decide whether the form of the paper was correct, and not whether it was delivered early enough. At contested parliamentary elections the second section of the Ballot Act enacts that : — 2. In the case of a poll at an election the votes Poll at shall be given by ballot. The ballot of each voter elections, shall consist of a paper (in this Act called a ballot paper) showing the names and description of the candidates. Each ballot paper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face. At the time of voting the ballot paper shall be marked on both sides with an official mark, and delivered to the voter within the polling station, and the number of such voter on the register of voters shall be marked on the counterfoil (a), and (a. J The question was raised, but not decided, in Picker- ing v. Startin, 28 L. T. Ill, whether the failure of the returning officer to mark on the counterfoils of twenty-nine of the voting papers the number of the voter appearing on the burgess roll would avoid the election. It is submitted such an irregularity would not have that effect. See pp. 62-65. 8 PARLIAMENTARY, MUNICIPAL AND the voter having secretly marked his vote on the paper, and folded it up so as to conceal his vote shall place it in a closed box in the presence of the officer presiding at the polling station (in this Act called " the presiding officer ") after having shown to him the official mark at the back. Any ballot paper which has not on its back the official mark, or on which votes are given to more candidates than the voter is entitled to vote for, or on which anything, except the said number on the back, is written or marked by which the voter can be identified, shall be void, and not counted (a). After the close of the poll the ballot boxes shall be sealed up, so as to prevent the introduction of additional ballot papers, ard shall be taken charge of by the returning officer, and that officer shall, in the presence of such agents, if any, of the candi- dates as may be in attendance, open the ballot boxes, and ascertain the result of the poll by count- ing 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, and return their names to the Clerk of the Crown in Chancery. The decision of the returning officer as to any question arising in respect of any ballot paper shall be final, subject to reversal on petition questioning the election or return. Where an equality of votes is found to exist between any candidates at an election for a county or borough, and the addition of a vote would entitle any of such candidates to be declared elected, the returning officer, if a registered elector of such county or borough, may give such additional vote, but shall not in any other case be entitled to vote at an election for which he is returning officer. And this section is, by the fifty-eighth section of the Municipal Corporations Act and the seventy-fifth section of the Local Government Act, applied to contested municipal (a.) The cases hearing upon the rejection of ballot papers for informalities, &C, are collected at pp. G'2-65. COUNTY COUNCIL ELECTIONS. 9 and county council elections. The former of these sections is as under : — (1.) If an election of councillors is contested, the poll shall, as far as circumstances admit, be conducted as the poll at a contested parlia- mentary election is by the Ballot Act, 1872, directed to be conducted, and subject, to the modifications expressed in Part III. of the Third Schedule, and to the other provisions of this Act the provisions of the Ballot Act, 1872, relating to a poll at a parliamentary election (including the provisions relating to the duties of the returning officer after the close of the poll), shall apply to a poll of an election of councillors. (2.) Every person entitled to vote may vote for any number of candidates not exceeding the number of vacancies. (3.) The poll shall commence at eight o'clock in the fore- noon and close at eight o'clock in the afternoon of the same day (48 Vict. c. 10). (4.) But if one hour elapses during which no vote is tendered, and the returning officer has not received notice that any person has within that hour been prevented from coming to the poll by any riot, violence, or other unlawful means, the returning officer may, if he thinks fit, close the poll at anytime before eight o'clock (48 Vict. c. 10). (5.) Where an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer, whether entitled or not to vote in the first instance, may give such additional vote by word of mouth or in writing. (6.) Nothing in the Ballot Act, 1872, as applied by this Act shall be deemed to authorise the appointment of any agents of a candidate at a municipal election, but if in the case of a municipal election, an agent of a candidate is appointed, and notice in writing of the 10 PARLIAMENTARY, MUNICIPAL AND appointment is given to the returning officer one clear day before the polling day, then the provisions of the Ballot Act, 1872, with respect to agents of candidates, shall as far as regards that agent, apply in the case of that election. With regard to offences at all elections the Ballot Act provides that : — 3. Every person who — (1.) Forges or fraudulently defaces or fraudu- lently destroys any nomination paper, or delivers to the returning officer any nomina- tion paper, knowing the same to be forged ; or (2.) Forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper ; or (3.) Without due authority supplies any ballot paper to any person ; or (4.) Fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in ; or (5.) Fraudulently takes out of the polling station any ballot paper ; or (6.) 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 im- prisonment 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 nomination papers, ballot COUNTY COUNCIL ELECTIONS. 11 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. In Reg. v. Beardsall (1 Q. B. D. 452), a deputy returning officer at a municipal election was convicted of an offence under this section. The court decided in that case that production of ballot papers, &c, can be ordered by a County Court Judge under Rule 64 of Part II., Schedule I. of the Act, in aid of a prosecution for an offence against the Ballot Act. 4. Every officer, clerk, and agent in attendance at Infringe- a polling station shall maintain and aid in maintain- ment of ing the secrecy of the voting of 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 voters of any elector who has or has not applied for a ballot paper or voted at that station (a), 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 (a.) In order to justify a conviction under this part of the section, it must be shown that the information reached the mind of the person to whom it is communicated, and it is not enough to show that such person had the means of knowing it. Therefore, where the evidence was that the personation agent had gone from the polling station to the committee room of the candidate for whom he was agent, and had there left his part of the burgess roll, on which, he had put a mark against the name of every voter who had obtained a ballot paper, but did not show that any one there had looked into such part of the burgess roll, or had in fact obtained any information from it, the court held that there was no evidence on which a magistrate ought to convict the <• agent. Stannanought v. Hazeldine, 4 C. P. Div. 191 ; 48 L. J. M. C. 89 ; 40 L. T. 589. 12 PARLIAMENTARY, MUNICIPAL AND polling station as to the candidate for whom any voter in such station is about to vote or lias voted (a), 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 par- ticular ballot paper. No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same, so as to make known to any person the name of the candi- date for or against whom he has so marked his vote. Every person who acts in contravention of the provisions of this section shall be liable, on summary conviction before two justices of the peace, to im- prisonment for any term not exceeding six months, with or without hard labour. 5. [The first paragraph of this section is repealed by the Corrupt and Illegal Practices Act, 1883 (the 46 & 47 Vict, c. 51), 5th schedule (b) . The remain- ing paragraphs are not affected and are as follows] : — The local authority (as hereinafter defined) of (a.) Upon a charge of violating the secrecy of the ballot by telling how an illiterate voter had voted, the information communicated by the accused is, of itself, sufficient evidence to convict him of the offence. Beg. v. Unkles, 8 Ir. R., C. L. 50. (6.) The 47th section of the Corrupt Practices Act, 1883, which is practically in substitution of the repealed portion of the above section, applies to England and Wales only, and provides that in a county, so far as is reasonably practicable, every elector shall have a polling place within a distance of three miles from his residence, and tbat in a borougb every elector shall have a polling place within one mile of his residence. The provisions of the 5th section of the Ballot Act [supra) and of the 47th section of the Corrupt Practices Act, 1883, do not apply to Scotland or Ireland. COUNTY COUNCIL ELECTIONS. 13 every borough shall take into consideration the division of such borough into polling districts, and, if they think it desirable, by order, divide such borough into polling districts in such manner as they may think most convenient for taking the votes of the electors at a poll. The local authority of every county and borough shall, on or before the first day of May, One thousand eight hundred and seventy-three, send to one of Her Majesty's Principal Secretaries of State, to be laid by him before both Houses of Parliament, a copy of any order made by such authority in pur- suance of this section, and a report, in such form as he may require, stating how- far the provisions of this Act with respect to polling districts have been complied with in their county or borough ; and if they make any order after the first day of May, One thousand eight hundred and seventy-three, with respect to polling districts or polling places in their county or borough, they shall send a copy of such order to the said Secretary of State, to be laid by him before both Houses of Parliament. The local authority of a county or borough in this section means the authority having power to divide such county or borough into polling districts under section thirty-four of the Representation of the People Act, 1867, and any enactments amending that section ; and such authority shall exercise the powers thereby given to them for the purposes of this section ; and the provisions of the said section as to the local authority of a borough constituted by the combination of two or more municipal boroughs shall apply to a borough constituted by the com- bination of a municipal borough and other places, whether municipal boroughs or not ; and in the case of a borough of which a town council is not the local authority, and which is not wholly situate within one petty sessional division, the justices of the peace for the county in which such borough or the. larger part thereof in area is situate, assembled at some court of general or quarter sessions, or at some adjournment thereof, shall be the local 14 PARLIAMENTARY, MUNICIPAL AND authority thereof, and shall for this purpose have jurisdiction over the whole of such borough ; and in the case of sucli borough and of a county, a court of general sessions shall be assembled within twenty- one days after the passing of this Act, and any such court may be assembled and adjourned from time to time for the purpose. No election shall be questioned by reason of any non-compliance with tins section or any informality relative to polling districts or polling places, and any order made by a local authority in relation to polling districts or polling places shall apply only to lists of voters made subsequently to its date, and to registers of voters formed out of such lists, and to elections held after the time at which a register of voters so formed has come into force : Provided that where any such order is made between the first day of July and the first day of November in any year, and does not create any new division between two or more polling districts of any parish for which a separate poor rate is or can be made, such order shall apply to the register of voters which comes into force next after such order is made, and to elections held after that register so conies into force; and the clerk of the peace or town clerk, as the case may be, shall copy, print and arrange the list of voters for the purpose of such register in accordance with such order. Use of 6. The returning officer at a parliamentary election school and ma y usej f ree f charge, for the purpose of taking forVoiiat m 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 maintain- ing which is payable out of any local rate, but he shall make good any damage done to such room, and defray any expense incurred by the person or body of persons, corporate or unincorporate, having control over the same on account of its being used for the purpose of taking the poll as aforesaid. The use of any room in an unoccupied house for the purpose of taking the poll shall not render any COUNTY COUNCIL ELECTIONS. 15 person liable to be rated or to pay any rate for such house. This section has no application to municipal, although it has to county council elections. By section 69 of the Municipal Corporations Act, 1882, "a municipal election shall not be held in any church, chapel, or other place of public worsLiip." 7. At any election for a county or borough, a Conclusive- person shall not be entitled to vote unless his name ness of re- is on the register of voters for the time being in v t e e r r s ° force for such county or borough, and every person whose name is on sucb register shall be entitled to demand and receive a ballot paper and to vote : Provided that nothing in this section shall entitle any person to vote who is prohibited from voting by any statute, or by the common law of parliament, or relieve such person from any penalties to which he may be liable for voting. This section in the case of parliamentary elections makes the register conclusive, for the purposes of the poll, of the right of the person named therein to vote. The same result is attained with regard to municipal and county council elections by 45 & 46 Vict. c. 50, s. 51, and 51 and 52 Vict. c. 41, s. 75. It is apprehended that the intention of the pro- vision is not that any objection of the kind mentioned therein may be taken in the polling booth, but to ensure that the enacting part should not be held to restore or make absolute the qualification of a man who had no qualification at all. " Nothing shall take place at the polling booth but a refer- ence to the register to ascertain whether the person who presents himself is the person upon the register or not." — Lush, J., in the Worcester Case 3 O'M. & H. 186. A vote which has been given may, however, on a scrutiny, be challenged on the ground that the voter comes within the proviso and is a person prohibited from voting (see Stowe v. Jolliffe, 43 L. J., C. P. 265). Duties of Returning and Election Officers. The Ballot Act, 1872, provides as follows: — 8. Subject to the provisions of this Act, every General returning officer shall provide such nomination duties'crf papers, polling stations, ballot boxes, ballot papers, returning stamping instruments, copies of register of voters, officer - 16 PARLIAMENTARY, MUNICIPAL AND and other things, appoint and pay such officers, and do such other acts and things as may be necessary for effectually conducting an election in manner provided by this Act. All expenses properly incurred by any returning officer in carrying into effect the provisions of this Act, in the case of any parliamentary election, shall be payable in the same manner as expenses incurred in the erection of polling booths at such election are by law payable. Where the sheriff is returning officer for more than one county as defined for the purposes of parliamentary elections, he may, without prejudice to any other power, by writing under his hand, appoint a fit person to be his deputy for all or any of the purposes relating to an election in any such county, and may, by himself or such deputy, exercise any powers and do any things which the returning officer is authorised or required to exercise or do in relation to such election. Every such deputy, and also any under-sheriff, shall, in so far as he acts as returning officer, be deemed to be included in the term returning officer in the provisions of this Act relating to parliamentary elections, and the enact- ments with which this part of this Act is to be construed as one. The returning officer at a municipal election is the mayor, or if the borough be divided into wards, aldermen assigned to that pest by the council (45 n U the presiding officer, he may immediately, hy order of the presiding officer, he removed from the polling station by any constable in or near that station, or any other person authorised in writing by the re- turning officer to remove him ; and the person so removed shall not, unless with 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. 10. For the purpose of the adjournment of the Powers of poll, and of every other enactment relating to the presiding poll, a presiding officer shall have the power by law administra- belonging to a deputy returning officer ; and any tion of presiding officer, and any clerk appointed by the oat 6> returning officer to attend at a polling station, shall have the power of asking the questions and ad- ministering the oath authorised by law to be asked <. of and administered to voters, and any justice of the 2 18 PARLIAMENTARY, MUNICIPAL AND peace and any returning officer may take and receive any declaration authorised by this Act to be taken before him. Municipal " ^ an e ^ ec ^ on °f councillors, the presiding officer shall, and county if required by two burgesses or by a candidate or his agent council put to any person offering to vote at the time of his pre- elections, senting himself to vote, but not afterwards, the following questions or either of them : (a.) Are you the person enrolled in the burgess (or ward) roll now in force for this borough (or ward) as follows : (read the whole entry from the roll) ? (h.) Have you already voted at the present election (add in case of an election for several wards, to this or any other ward) ? (2.) The vote of a person required to answer either of these questions shall not be received until he has answered it. (3.) If any person wilfully makes a false answer thereto he shall be guilty of a misdemeanour. (4.) Save as by this Act authorised, no enquiry shall be permitted at an election as to the right of any person to vote." (45 & 46 Vict. c. 50, s. 59). These questions with the necessary alterations may be asked at county council elections under 51 & 5'2 Vict. c. 41, s. 75. Liability of 11. Every returning officer, presiding officer, and mTscond^ct c ^ er ' ? wno ' s gu^ty °f an y wilful misfeasance or any wilful act or omission in contravention of this Act shall, in addition to any other penalty or liability to which he may be subject, forfeit to any person aggrieved by such misfeasance, act, or omission, a penal sum not exceeding one hundred pounds. Section fifty of the Representation of the People Act, 1867 (which relates to the acting of any re- turning officer, or his partner or clerk, as agent or a candidate), shall apply to any returning officer or officer appointed by him in pursuance of this Act, and to his partner or clerk. In Pickering v. J^mes, L.R.,3 C.P. 489, the court held that the Ballot Act imposes a duty on the presiding officer at a polling station during the election to deliver to the voters voting papers bearing the official mark, and to be present during such election at the polling station, so that the voters, before depositing their voting papers in the ballot box, can shew to him the official mark on the back of such papers, and for breach of these duties an action will lie by a person who has lust his election through votes given to him being void for want of the official mark. But the court was equally divided on the question whether the Act imposed on the COUNTY COUNCIL ELECTIONS. 19 presiding officer) the duty of ascertaining before the voter deposited his paper in the bos whether the official mark was on it or not. 12. No person who has voted at an election shall, p f r ° 1 > i ^ 1 i 4 on in any legal proceeding to question the election or sureofvote. return, he required to state for whom he has voted. Nor is he obliged to say to what party he belongs (The North Durham Case, 3 O'M. & H. 2 ; the Harwich Case ibid 64). 13. No election shall be declared invalid by reason Non-com- of a non-compliance with the rules contained in the j^es. m First Schedule to this Act, or any mistake in the use of the forms in the Second Schedule to this Act, if it appears to the tribunal having cognizance of the question that the election was conducted in accord- ance with the principles laid down in the body of this Act, and that such non-compliance or mistake did not affect the result of the election. By 45 & 46 Vict., c. 50, s. 72, and 51 & 52 Vict. c. 41, s. 75, a similar provision is in force with regard to municipal and county council elections. The effect of these sections is dis- cussed at pp. 62-65 14. Where a parliamentary borough and municipal Use of borough occupy the whole or any part of the same ballot iptt area, any ballot boxes or fittings for polling stations boxes, &c, and compartments provided for such parliamentary ^3^™** borough or such municipal borough may be used in election, any municipal or parliamentary election in such and wee borough free of charge, and any damage other than reasonable wear and tear caused to the same shall be paid as part of the expenses of the election at which they are so used. 15. This part of this Act shall, so far as is con- Construe- sistent with the tenor thereof, be construed as one tioB Act " with the enactments for the time being in force re- lating to the representation of the people, and to the registration of persons entitled to vote at the election of members to serve in parliament, and with any enactments otherwise relating to the subject-matter of this part of this Act, and terms used in this part 20 PARLIAMENTARY, MUNICIPAL AND of this Act shall have the same meaning as in the said enactments ; and in construing the said enact- ments relating to an election or to the poll or taking the votes by poll, the mode of election and of taking the poll established by this Act shall for the purposes of the said enactments be deemed to be substituted for the mode of election or poll, or taking the votes by poll, referred to in the said enactments ; and any person applying for a ballot paper under this Act shall be deemed " to tender his vote," or " to assume to vote," within the meaning of the said enactments ; and any application for a ballot paper under this Act, or expression relative thereto, shall be equivalent to " voting " in the said enactments and any expressions relative thereto ; and the term " polling booth " as used in the said enactments shall be deemed to include a polling station ; and the term "proclama- tion" as used in the said enactments shall be deemed to include a public notice given in pursuance of this Act. Alterations 16. This part of this Act shall apply to Scotland, t f ion a of PhCa " subject to the following provisions :— Part i. of (1.) The expression " crime and offence " shall be Ballot Act equivalent to the expression "misdemeanor," and shall be substituted therefor : (2.) All offences under this Act for which any person may be punished on summary convic- tion shall be prosecuted before the sheriff under the provisions of " The Summary Procedure Act, 1864 " ; and all jurisdictions, powers, and authorities necessary for that purpose are hereby conferred on sheriffs : (3.) The expression " sheriff " shall include sheriff substitute : (4.) The provisions of this Act relating to the division of counties and boroughs into polling districts shall not apply to Scotland : (5.) The ballot boxes, ballot papers, stamping instruments, and other requisites for a parlia- mentary election shall be provided and paid for in the same manner as polling rooms or booths under the fortieth section of the Act of the second and third years of the reign of King William the Fourth, chapter sixty-five, COUNTY COUNCIL ELECTIONS. 21 intituled "An Act to amend the Represent- ation of the People in Scotland " ; and the reasonable remuneration of presiding officers, assistants, and clerks employed by the return- ing officer at such an election, and all other expenses properly incurred by the returning officer, and by sheriff clerks and town clerks, in carrying into effect the provisions of this Act, shall be paid by the candidates ; pro- vided always, that if any person shall be proposed as a candidate without his consent the person so proposing him shall be liable to defray his share of all those expenses in like manner as if he had been a candidate himself ; provided also, that the fee to be paid to each presiding officer shall in no case exceed the sum of three guineas per day, and the fee to be paid to each assistant to the returning officer shall not exceed two guineas per day, and the fee to be paid to each clerk shall not exceed one guinea per day. See the 41 & 42 Vict. c. 41, as to the right of a returning officer in Scotland to require security, 17. This part of this Act shall apply to Ireland, Alterations subject to the following modifications : — tioVof 1 ' 11 ™" (1.) The expression "Clerk of the Crown in Ballot Act u. Chancery" shall mean the Clerk of the Ireland - Crown and Hanaper in Ireland : (2.) The preceding provisions of this part of this Act with respect to the division of counties and boroughs into polling districts shall not extend to Ireland : (3.) In the construction of the preceding pro- visions of this part of this Act as applying to Ireland, section thirteen of " The Repre- sentation of the People (Ireland) Act, 1868," shall be substituted for section fifty of "The Representation of the People Act, 1867," wherever in such provisions the said last- , mentioned section occurs. The provision 22 PARLIAMENTARY, MUNICIPAL AND contained in the sixth section of this Act providing 1 for the use of school rooms free of charge, for the purpose of taking the poll at elections shall not apply to any school adjoining or adjacent to any church or other place of worship, nor to any school connected with a nunnery or other religious establish- ment : (4.) No returning officer shall be entitled to claim, or be paid, any sum or sums of money for the erection of polling booths or stations and compartments other than the sum or sums actually and necessarily incurred and paid by him in reference to the same, any statute or statutes to the contrary now in force notwith- standing, nor shall the expenses of providing sufficient polling stations or booths and com- partments at every polling place exceed the sum or sums now given and allowed by statute in Ireland. The 38 & 39 Vict. c. 84, regulating and controlling the expenses of returning officers, and enabling thein to require security from the candidates, applies to Ireland. Provisions 18. With respect to polling districts and polling districts 1118 pl aces ^ n Ireland, the following regulations shall and polling have effect ; that is to say, places in (i) The Lord Lieutenant, by and with the advice of the Privy Council in Ireland, shall appoint special sessions to be held by the chairman of quarter sessions and justices of the peace having jurisdiction in each county or riding of a county in Ireland, at such places and times before the first day of November next after the passing of this Act as shall seem fit for the purpose of dividing such count} 7 or riding into polling districts, and appointing polling places for such districts : (2.) The clerk of the said Privy Council shall cause each such appointment to be notified to the clerk of the peace of the county to COUNTY COUNCIL ELECTIONS. 23 which the same relates, and shall cause notice of the same to be published twice in each of two consecutive weeks in one or more news- papers usually circulated in such county, and once in the Dublin Gazette : (3.) The clerk of the peace of each county in Ireland shall, within five days after the receipt of such notification as aforesaid, send a written or printed notice of the same to the chairman and to every justice of the peace having jurisdiction within the county or riding to which the same relates : (4.) The chairman of quarter sessions and the justices of the peace having jurisdiction in any county or riding assembled at such special sessions appointed in manner afore- said, or at any adjournment of the same be- fore the first dfiy of December next after the passing of this Act, shall make an order dividing such county or riding of a county into polling districts, and appointing in each such polling district a place (in this section referred to as a " polling place ") for taking the poll at contested elections of members to serve in Parliament for such county : (5.) Every such division shall be made in such manner so that, as far as practicable, every building or place in such county in which petty sessions are at the time of the passing of this Act held shall be a polling place : provided always, that where it appears to the chairman and justices assembled at special sessions, that, for the purpose of affording full facilities for taking the poll at contested elections, there should be polling places in addition to such buildings or places where petty sessions are held as aforesaid, they shall appoint so many polling places in addition to such buildings or places as they may think necessary, and constitute a polling district for each such polling place : (6.) Every such order shall specify the barony or 24 PARLIAMENTARY, MUNICIPAL AND baronies, half barony or half baronies, town- land or townlands, parish or paiishes, and places constituting each such polling district : (7.) A copy of every such order shall forthwith be sent by the clerk of the peace for such county to the clerk of the said Privy Council, who thereupon shall submit the same for confirmation by the Lord Liuetenant and Privy Council in Ireland, in the manner by this Act provided, and such order shall not be of any validity until the same has been so confirmed : (8.) Notice of the intended confirmation of any such order shall be given by the clerk of the said Privy Council at least one month before the day fixed for such confirmation by the publication of such notice and order in one or more newspapers circulating within such county or riding to which the order has reference. (9.) It shall be lawful for the Lord Lieutenant and Privy Council, on the day fixed for the intended confirmation of any such order, to confirm the same as it stands, or with such variation, alteration, or modification as may seem fit : Provided always, that where any person is dissatisfied with any such order it shall be lawful for such person, within four- teen days after the publication of the notice of the intended confirmation of such order, to appeal against the same, and such appeal shall be in writing, stating the grounds thereof, and shall be signed by such person, and shall within such time be lodged with the clerk of the Privy Council ; and it shall be lawful for the Lord Lieutenant and Privy Council, previous to the confirmation of any such order, to hear and determine such appeal against the same, and to make such order as to the costs of such appeal as may seem meet. (10.) When any such order has been confirmed COUNTY COUNCIL ELECTIONS. 25 as aforesaid, the clerk of the said Privy- Council shall transmit a copy of the same to the clerk of the peace of the county to which the same relates, and shall cause the same to be published once in the Dublin Gazette, and once in the newspaper in which the notice of intended confirmation was published : (11.) The provisions of the Act of the session of the twenty-seventh and twenty-eighth years of the reign of Her present Majesty, chapter twenty-two, for ascertaining the voters in the new or altered polling districts referred to in the ninth section of the said Act, and for making separate lists of voters, and otherwise in relation thereto, shall extend and apply to every case in which any order in relation to any county has been confirmed under the authority of this section, in like manner as if such sections were herein re- enacted, and the polling districts to which the same refer or apply had been polling districts constituted under the authority of this section : and the register of voters in force in such county at the time of con- firming such order as amended by the printed books given into the custody of the sheriff of such county in manner by the said Act provided, and the said printed books, shall be the register of persons entitled to vote at any election of a member or members to serve in Parliament which shall take place in and for such county until the first day of January next after the giving of the said books as aforesaid : Provided alwaj's, that in the construction of the said provisions, the terms "the passing of this Act" and the "said Act" shall respectively be con- strued to mean the confirming of any order made under the authority of this section and this Act : (12.) At any election of a member or members 26 PARLIAMENTARY, MUNICIPAL AND to serve in Parliament for any county to which any such order relates held after the confirming of any such order, and before the register of voters to be formed sub- sequently to the date of the confirming of such order under the provisions of this section shall be in force, the poll shall be taken as if no such order had been made : (13.) All precepts, notices, and forms relating to the registration of voters shall be framed and expressed in such manner and form as may be necessary for the carrying the provisions of this Act into effect : (14.) When the chairman of quarter sessions and justices of the peace having jurisdiction in any county or riding in Ireland, assembled at any general or quarter sessions in any division of such county or riding, are of opinion that for the purpose of affording further facilities for polling at contested elections there should be within such district polling places in addition to the places appointed in manner aforesaid, they may by resolution determine that at the next general or quarter sessions in such division of such county the necessity for such additional polling places shall be considered by the chairman and justices assembled at the same: (15.) The clerk of the peace of such county shall, within five days after the making of such resolution, send a written or printed copy of the same to the chairman and to every justice of the peace having jurisdiction within the county to which the same relates, and shall cause a copy of such resolution to be published twice in each of two con- secutive weeks in some newspaper circulated in such county : (16.) The said chairman and justices assembled at such general or quarter sessions holden next after the making of such resolution 6hall consider whether additional polling COUNTY COUNCIL ELECTIONS. 27 places arc necessary, and if they are of such opinion they may, by an order to be made in like manner and subject to the same pro- visions as to the making, confirming, and taking effect of the same as are in this section contained in relation to orders to be made at special sessions under the authority of the same, appoint such other places to be polling places as they shall think fit, and shall constitute polling districts for such polling places : (17.) No election shall be questioned by reason of any polling district not having been constituted in conformity with the provisions of this Act, or by reason of any informality relative to any polling district : (18.) When any day fixed for taking the poll at any election is the day fixed for the holding of the petty sessions court at any polling place, the court shall stand ipso facto ad- journed till the next day, which shall in that case be the legal day for hold in tr said court, and if that day be a Sunday or legal holiday, till the next day. (19.) The term "the Lord Lieutenant" in this section shall mean the Lord Lieutenant of Ireland and the lords justices or other chief governors or governor of Ireland for the time being, and the term "chairman of quarter sessions " in this section shall include any person duly appointed to do the duty of such chairman during his sickness or absence. The provisions of section 47 of the Corrupt Practices Act, 1883, relative to polling districts, do not apply to Ireland, except that " in the county of the town of Galway there shall he a polling station at Barna, and at such other places within the parliamentary borough of Galway as the town commis- sioners may appoint." 46 & 47 Vict. c. 51, s. 69. 19. Where the name of any person is required to Amend- be inserted in any list of voters for any ward of any mentof law city, town, or borough, under the provisions of fn wards^n section seven of the Act passed in the session of certain toroughs. 28 PARLIAMENTARY, MUNICIPAL AND Parliament held in the thirteenth and fourteenth years of the reign of Her present Majesty, chapter sixty-eight, as qualified in respect of any property qualification, or as the occupier of any lands, tenements, or hereditaments situate in whole or in part beyond the limits of such ward, then and in every such case the names so required to be inserted shall be placed in alpbabetical order in a separate part of such list, to be styled " the list of rural or out voters of such ward," and the property, lands, tenements, and hereditaments in respect of which such person is qualified as aforesaid shall for the purposes of the said Act and the Acts amending the same, in relation to the providing of booths and compartments within each ward of any city, town, or borough, and the voting therein of persons entitled to vote in respect of any such qualifications aforesaid, be deemed to constitute a separate ward : Provided always, that the name of any such person shall not be placed in such separate list if such person shall, in writing under his hand, object thereto, and if such objection is delivered to such clerk of the peace on or before the twenty-fifth day of August next preceding the making of such list under the provisions aforesaid, and in such case in relation to such person the provisions of this section shall not apply. Municipal Elections in Scotland and Ireland. Application 20. The poll at every contested municipal election to immici- ,,, » r ■', j ., , r j . j . pal election shall, so tar as circumstances admit, be conducted m of enact- the manner in which the poll is by this Act directed latlng to ' to De conducted at a contested parliamentary election, the poll at and. subject to the modifications expressed in the parhamen- sc li e dules annexed hereto, such provisions of this Act and of the said schedules as relate to or are concerned with a poll at a parliamentary election, shall apply to a poll at a contested municipal election : Provided as follows : nuns. COUNTY COUNCIL ELECTIONS. 29 (1.) The term ''returning officer" shall mean the mayor or other officer who, under the law relating to municipal elections, presides at such elertions : (2.) The term " petition questioning the election or return " shall mean any proceeding in which a municipal election can he questioned : (3.) The mayor shall provide everything which in the case of a parliamentary election is re- quired to he provided by the returning officer for the purpose of a poll : (4.) All expenses shall be defrayed in manner provided by law with respect to the expenses of a municipal election : (5.) No return shall be made to the Clerk of the Crown in Chancery : (6.) Nothing in this Act shall be deemed to authorise the appointment of any agents of a candidate in a municipal election, but if in the case of a municipal election any agent of a candidate is appointed, and a notice in writing of such appointment is given to the returning officer, the provisions of this Act with respect to agents of candidates shall, so far as respects such agent, apply in the case of that election : (7.) The provisions of this Act with respect to — (a.) The voting of a returning officer ; and (&.) The use of a room for taking a poll ; and (c.) The right to vote of persons whose names are on the register of voters : shall not apply in the case of a municipal election. A municipal election shall, except in so far as relates to the taking of the poll in the event of its being contested, be conducted in the manner in which it would have been conducted if this Act had not passed. 21. Assessors shall not be elected in any ward of Abolition any municipal borough, and a municipal election of ward need not be held before the assessors or their deputies , 30 PARLIAMENTARY, MUNICIPAL AND Alterations for applica- tion of Part II. of Ballot Act to Scotland. Alteration for appli- cation of Part It. of Ballot Act to Ireland. 26Vict.c.35. but may be held before the mayor, aldermen or other returning officer only. 22. This part of this Act shall apply to Scotland, subject to the following provisions : — (1.) The term " mayor'' shall mean the provost or other chief magistrate of a municipal borough, as denned by this Act. (2.) All municipal elections shall be conducted in the same manner in all respects in which elections of councillors in the royal bilrghs contained in Schedule C to the Act of the session of the third and fourth years of the reign of King William the Fourth, chapter seventy-six, intituled " An Act to alter and amend the laws for the election of thp. Magis- trates and Councillors of the Royal Burghs in Scotland," are directed to be conducted by the Acts in force at the time of the passing of this Act as amended by this Act ; and all such Acts shall apply to such elections accordingly. 23. This part of this Act shall apply to Ireland, with the following modifications : — (1.) The term " mayor" shall include the chairman of commissioners, chairman of municipal commissioners, chairman of town commis- sioners, and chairman of township commis- sioners : (2.) The provisions of " The Municipal Corpo- ration Act, 1859," following ; that is to say, section five and section six and section seven, except so much thereof as relates to the form of nomination papers, and section eight except so much thereof as relates to assessors, shall extend and apply to every municipal borough in Ireland, and shall be substituted for any provisions in force in relation to the nomina- tion at municipal elections : Provided always that the term " councillor " in these sections shall for the purposes of this section include alderman, commissioner, municipal commis- sioner, town commissioner, township commis- sioner, or assessor of any municipal borough. COUNTY COUNCIL ELECTIONS. 31 Personation. The following enactments shall be made Definition with respect to personation at parliamentary and jj^tofper municipal elections : sonation A person shall for all purposes of the laws relat- ^ t f 1 f e me(1 ing to parliamentary and municipal elections be Ballot Act. deemed to be guilty of the offence of personation who at an election for a county or borough, or at a municipal election, applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who having voted once at any such election applies at the same election for a ballot paper in his own name. It shall be the duty of the returning officer to institute a prosecution against any person whom he may believe to have been guilty of personation, or of aiding, abetting, counselling, or of pro- curing the commission of the offence of per- sonation by any person, at the election for which he is returning officer, and the costs and expenses of the prosecutor and the witnesses in such case, together with compensation for their trouble and loss of time, shall be allowed by the court in the same manner in which courts are empowered to allow the same in case of felony. The provisions of the Registration Act, specified in the Third Schedule to this Act, shall in England and Ireland respectively apply to personation under this Act in the same manner as they apply to a person who knowingly personates and falsely assumes to vote in the name of another person as mentioned in the said Acts. Again by section 3 of the Corrupt Practices Act, 1883 (46 & 47 Vict. c. 51), and by section 1 of the Corrupt Practices Act, 1884, and section 75 of the Local Government Act, 1888, it is enacted that : — A person who commits the offence of personation or the offence of aiding, abetting, counselling, and pro- <. 32 TARLIAMENTRY, MUNICIPAL AND curing the offence of personation shall be guilt v of a corrupt practice, and by section G of the Corrupt Practices Act, 1883, (2) the offence of personation and aiding and abetting, &c, is declared to be felony and punishable upon indict- ment with two years' imprisonment with hard labour. The consequences of the provision of the law declaring personation of a corrupt practice are, that if it is shown that it has been committed by any agent of the sitting member, the latter will lose his seat on petition and be incapacitated for sitting for the same place for seven years. ' That is the consequence to the sitting- member ; but so far as the person actually guilty of the crime is concerned he is liable to (1) two years' imprisonment with hard labour, (2) incapacity to sit in the House of Commons for any constituency for seven years, (3) incapacity of being registered and voting at any election (parliamentary or otherwise) for seven years, (4) incapacity for holding any public office for seven years, and (5) if a barrister, solicitor, justice of the peace, or licensed victualler further measures of severity may be taken against him. As to application for exemption from corrupt practices see ex parte, Perry 48 J. P. 824 ; as to the time within which particulars of corrupt practices must be delivered in see Lenham v. Barber, 10 Q.B.D. 293 ; as to applications for relief from the consequences of illegal practices see ex parte Wilkes 16 Q.B.D. 114, 55 L.J.Q.B. 576; as to con- victions for corrupt practices see K. v. Stroulger 17 Q.B.D. 327. Vote to be 25. (a) Where a candidate, on the trial of an f trU h k "b^- election. petition claiming the seat for any person, treating, or is proved to have been guilty, by himself or by any undue person on his behalf, of bribery, (b) treating or undue (BaHotTct) influence in respect of any person who voted at such election, or where any person retained or employed (c) for reward by or on behalf of such candidate for all or any of the purposes of such election, as agent (a.) This section refers exclusively to the procedure on a scrutiny with a view to the unseating of the respondent and COUNTY COUNCIL ELKCTIONS. 33 the seating of the petitioner. The first object will be attained by proving a single case of bribery, treating, undue influence, personation, or, under the Corrupt Practices Acts of L883 and 1884, any ill gal practice, to have been committed by the respondent, or any one oi his agents; bat the petitioner is not entitled to be deel oed elected until by striking bad votes off bis opp inent's i>oll i r adding votes, improperly dis- allowed by the returning officer, to his own he obtains a dear majority of legil votes. The above section provides for votes being struck oti' the respondent's poll in the cases which fall within it. i A.) In Malcolm v. Parry (L. R. 9, C. P. 610) it was proved that a large number of voters received a quantity of coal from the respondent's agents just before the election. The Court of Common Pleas held that the above facts constituted a prima facie case of corruption against the voters, upon which, in the absence of evidence in rebuttal, the votes must be struck off. Under this section a vote is struck off the respondent's poll upon proof that the voter was bribed or treated by the respondent's agent without any inquiry as to how in fact he voted (Per Lord Coleridge, C.J., in Malcolm r. Parky supra). , .i In the Down Case (-3 O'M. * H. 115) it was hel|l that the drivers of fly and cabs used in connection with the elec- tion did not come within the section ; but now it is unlawful to |> 'v for any carriages or traps used in the conveyance of electors to or from the poll (46 & 47 Vict. c. 51, s. 7, and 47 & 48 Vict, c 70, s. 10). clerk, messenger, or in any other employment, is proved on such trial to have voted at such election, there shall, on a scrutiny, he struck off from the number of votes appearing to have been given to such candidate one vote for every person who voted at such election and is proved to have heen so brihed, treated, or unduly influenced, or so retained or employed for reward as aforesaid. 26. This part of this Act shall apply to Scotland Alterations subject to the following provision : — in Act as The offence of personation shall he deemed to be gcothinl.* a crime and offence, and the rules of the law of Scotland with respect to apprehension, detention, precognition, commitment, and hail shall apply thereto, and any person accused thereof may be brought to trial in the court of justiciary, whether in Edinburgh or on circuit, at the instance of the Lord Advocate, 3 34 PARLIAMENTARY, MUNICIPAL AND or before the sheriff court, at the instance of the procurator fiscal. Construe- 27. This part of this Act, so far as regards parlia- t f°R°n Part meQ ta.ry elections, shall be construed as one with Act. "The Parliamentary Elections Act, 1868," and shall apply to in election for a university or combination of universities. COUNTY COUNCIL ELECTIONS. FIRST SCHEDULE TO THE BALLOT ACT, 1872. Part I. — Rules for Parliamentary Elections. Election. 1. The returning officer shall, in the case of a county elec- tion, within two days after the day on which he receives the writ, and in the case of a borough election on the day on which he receives the writ or the following day, give public notice, between the hours of nine in the morning and four in the afternoon, of the day on which and the place at which he will proceed to an election, and of the time ap- pointed for the election, and of the day on which the poll will be taken in case the election is contested, and of the time and place at which forms of nomination papers may be obtained, and in the case of a county election shall send one of such notices by post under cover, to the postmaster of the principal post office of each polling place in the county, endorsed with the words " Notice of election," and the same shall be forwarded free of charge ; and the post- master receiving the same shall forthwith publish the same in the manner in which post office notices are usually published. 2. The day of election shall be fixed by the returning officer as follows ; that is to say, in the case of an election for a county or a district borough not later than the ninth day after the day on which he receives the writ, with an interval of not less than three clear days between the day on which he gives the notice and the day of election ; and in the case of an election for any borough other than a district borough not later than the fourth day after the day 36 PARLIAMENTARY, MUNICIPAL AND on which he receives the writ, with an interval of not less than two clear days between the day on which he gives the notice and the day of election. In the Longford Case (2 O'M. & H. 7) an irregularity was suggested in regard to the day on which the election was held, and it was submitted the election was void on that ground. Fitzgerald, J. expressed an opinion adverse to this contention, but it became un- necessary to decide the point. 3. The place of election shall be a convenient room situate in the town in which such election would have been held if this Act had not passed, or where the election would not have been held in a town, then situate in such town in the county as the returning officer may from time to time de- termine as being in his opinion most convenient for the electors. 4. The time appointed for the election shall be such two hours between the hours of ten in the forenoon and three in the afternoon as may be appointed by the returning officer, and the returning officer shall attend during those two hours and for one hour after. 5. Each candidate shall be nominated by a separate nomination paper, but the same electors or any of them may subscribe as many nomination papers as there are vacancies to be filled, but no more. 6. Each candidate shall be described in the nomination paper in such manner as in the opinion of the returning officer is calculated to sufficiently identify such candi late ; the description shall include his name, his abode, and his rank, profession, or calling, and his surname shall come first in the list of his names. No objection to a nomination paper on the ground of the description of the candidate therein being insufficient, or not being in compliance with this rule, shall be allowed or deemed valid, unless such objection is made by the returning officer, or by some other person, at or immediately after the time of the delivery of the nomina- tion paper. 7. The returning officer shall supply a form of nominal ion paper to any registered elector requiring the same during such two hours as the returning officer may fix, between the hours of ten in the morning and two in the afternoon on each day intervening between the day on which notice COUNTY COUNCIL ELECTIONS. 37 of the election was given and the day of election, and during the time appointed for the election ; but nothing in this Act shall render obligatory the use of a nomination paper supplied by the returning officer, so, however, that the paper be in the form prescribed by this Act. 8. The nomination papers shall be delivered to the re- turning officer at the place of election during the time appointed for the election ; and the candidate nominated by eaeli nomination paper, and his proposer and seconder, and one other person selected by the candidate, and no person other than aforesaid, shall, except for the purpose of assist- ing the returning officer, be entitled to attend the proceedings during the time appointed for the election. 9. If the election is contested the returning officer shall, as soon as practicable after adjourning the election, give public notice of the day on which the poll will be taken, and of the candidates described as in their respective nomination papers, and of the names of the persons who subscribe the nomination paper of each candidate, and of the order in which the names of the candidates will be printed in the ballot paper, and, in the case of an election for a county, deliver to the postmaster of the principal post office of the town in which is situate the place of election a paper, signed by himself, containing the names of the candidates nominated, and stating the day on which the poll is to be taken, and the postmaster shall forward the in- formation contained in such paper by telegraph, free of charge, to the several postal telegraph offices situate in the county for which the election is to be held, and such in- formation shall be published forthwith at each such office in the manner in which post-office notices are usually published. 10. If any candidate nominated during the time ap- pointed for the election is withdrawn in pursuance of this Act, the returning officer shall give public notice of the name of such candidate, and the names of the persons who subscribed the nomination paper of such candidate, as well as of the candidates who stood nominated or were elected. 11. The returning officer shall, on the nomination paper being delivered to him, forthwith publish notice of the name of the person nominated as a candidate, and of the names of his proposer and seconder, by placarding or causing to 212911 38 PARLIAMENTARY, MUNICIPAL AND be placarded the names of the candidate and his proposer and seconder in a conspicuous position outside the building in which the room is situate appointed for the election. 12. A person shall not be entitled to have his name in- serted in any ballot paper as a candidate unless he has been nominated in manner provided by this Act, and every person whose nomination paper has been delivered to the returning officer during the time appointed for the election shall be deemed to have been nominated in manner provided by this Act, unless objection be made to his nomination paper by the returning officer or some other person before the ex- piration of the time appointed for the election or within one hour afterwards. 13. The returning officer shall decide on the validity oi every objection made to a nomination paper, and his decision, if disallowing the objection, shall be final ; but if allowing the same, shall be subject to reversal on petition question- ing the election or return. The Poll. 14. The poll shall take place on such day as the returning officer may appoint, not being in the case of an election foi a county or a district borough less than two nor more than six clear days, and not being in the case of an election for a borough other than a district borough more than tinea clear days after the day fixed for the election. By the Elections (Hours of Poll) Act, 1885 (48 Vict. cap. 10), it is enacted that at all county and borough elections, whether in the metropolis or the provinces, the poll is to be open from 8 a.m. to 8 p.m. The effect upon the election of failing to open the poll at the proper time is discussed later on at pp. 64-65; out with regard to the effect of failing to close the poll punctually at the time appointed, the best opinion seems to be that no voting paper should be given out to a voter after the clock has struck, but if a voter lias received a paper before, he ought to be allowed to mark and deposit it in the ballot box after the time. (See " Arnold on Municipal Corporations," 3rd ed. p. 306). In an Irish case of Gribbin v. Kieker (7 Ir., C. L. 30), the election was upset on account of the action of the returning officer iu receiving votes after 4 p.m. ; but the irregularity was apparently of a gross character, because the repoit states votes were given up to 5 o'clock. COUNTY COUNCIL ELECTIONS. 39 15. At every polling place the returning officer shall pro- ride a sufficient number of polling stations for the accom- modation of the electors entitled to vote at such polling place, and shall distribute the polling stations amongst those irs in such manner as he thinks most convenient, provided that in a district borough there shall be at least one polling station at each contributory place of such borough. 16. Each polling station shall be furnished with such number of compartments, in which the voters can mark their votes screened from observation, as the returning officer thinks necessary, so that at least one compartment be provided for every one hundred and fifty electors entitled to vote at such polling station. 17. A separate room or separate booth may contain a separate polling station, or several polling stations may be constructed in the same room or booth, 18. No person shall be admitted to vote at any polling station except the one allotted to him. 19. The returning officer shall give public notice of the situation of polling stations and the description of voters entitled to vote at each station, and of the mode in which electors are to vote. 20. The returning officer shall provide each polling station with materials for voters to mark the ballot papers, with instruments for stamping thereon the official mark, and with copies of the register of voters, or such part thereof as contain the names of the voters allotted to vote at such station. He shall keep the official mark secret, and an interval of not less than seven years shall intervene between the use of the same official mark at elections for the same county or borough. 21. The returning officer shall appoint a presiding officer to preside at each station, and the officer so appointed shall keep order at his station, shall regulate the number of electors to be admitted at a time, and shall exclude all other persons except the clerks, the agents of the candidates and the constables on dut}'. In addition the candidate is entitled to be in the polling station. In Clejientson v. Masox, L. R. 10, C. P. 209, it was decided that a candidate at a parliamentary or municipal election has a general right to be present in a polling station at the election, and not 40 PARLIAMENTARY, MUNICIPAL AND merely a qualified right to be present for the purpose of undertaking the duties of an agent, or of assisting his agent. 22. Every ballot paper shall contain a list of the candi- dates described as in their respective nomination pipers, 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. The name of the same candidate twice nominated ought only to appear once on the nomination paper. Northcote v. Pulsford, L. R. 10, C. P. 483. 23. Every ballot box shall be so constructed that the ballot papers can be introduced therein, but cannot be with- drawn therefrom, without the box being unlocked. The presiding officer at any polling station, just before the com- mencement 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 scaled. 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 shall be marked on the counterfoil, and a mark shall be placed in the register against the number of the elector, to denote that he has received a ballot paper, but without showing the particular ballot paper which he has received. See Pickering v. James, quoted at p. 18, as to the extent of a presiding officer's duty and liability under this rule. 25. The elector, on receiving the ballot paper, shall forth- with 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 COUNTY COUNCIL ELECTIONS. 41 folded up, into the ballot box ; lie shall vote without undue delay, and shall quit the polling station as soon as he has put his ballot paper into the ballot hox. 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 tin's Act, ) or with a cross placed on the left hand side of the ballot paper (ibid.) ; (6) or with a pencil line drawn longitudinally through the name of the candidate not voted for (ibid.) ; (7) a paper torn longitudinally COUNTY COUNCIL ELECTIONS. 45 through the centre (ibid.) ; (8) a paper market! with a cross on the right-hand side of the paper and outside the proper column (Ath- lone, 2 O'M. & 11., 186); (9) a paper marked with a eross made, uot with a pencil, hut with ink, a burnt stick, or a finger nail (Bkk- mu k. 30'M. & 11 . 178, and Wigtown, 2 O'M. & H., '2-23); and (10) a paper marked with a cri ss extending largely into the space oppo- site the name of one candidate, but having the point of intersection within the space opposite the name of the other candidate to wiiom the vote was awarded (BERWICK sujn «)■ Lopes and Hawkins, J.J., differed on the question — Whether a marked with a cross on the top left-hand corner, not opposite but nearer to the name of the first candidate on the paper, was a good vote for that candidate (Berwick aujpra). 37. Upon the completion of the counting, the returning officer shall seal up in separate packets the counted and rejected ballot papers. He shall not open the sealed pa< k.-t of tendered ballot papers or marked copy of the register of voters and counterfoils, but shall proceed, in tlir presence of the agents of the candidates, to verify the ballot paper account given by each presiding officer by comparing it with the number of ballot papers recorded by him as aforesaid, and the unused and spoiled ballot pap is in his possession and the tendered votes list, and shall re-seal each scaled packet after examination. The returning officer shall report to the Clerk of the Crown in Chancery the result of such verification, and shall, on re- quest, allow any agents of the candidates, before such report is sent, to copy it. 38. Lastly, the returning officer shall forward to the Clerk of the Crown in Chancery (in manner in which the poll books are by any existing enactment required to be forwarded to such clerk, or as near thereto as circum- stances admit) all the packets of ballot papers in his pos- session, 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, sent by each presiding officer, endorsing on each packet a description of its contents and the date of the election to which they relate, and the name of the county or borough for which such election was held ; and the term poll book in any such enactment shall be construed to include any document forwarded in pur- nuance of this rule. 46 PARLIAMENTARY, MCTNICIPAL AND 39. The Clerk of the Crown shall retain for a year all documents relating to an election forwarded to him in pursuance of this Act, by a returning officer, and then, unless otherwise directed by an order of the House of Commons, or of one of Her Majesty's Superior Courts, shall cause them to be destroyed. 40. No person shall be allowed to inspect any rejected ballot papers in the custody of the Clerk of the Crown in Chancery, except under the order of the House of Com- mons, or under the order of one of Her Majesty's Superior Courts, to be granted by such court on being satisfied by evidence on oath that the inspection or production of such ballot pipers 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 inspec- tion or production of ballot papers may be made subject to such conditions as to persons, time, place, and mode of inspection or production as the House or court making the same may think expedient, and shall be obeyed by the Clerk of the Crown in Chancery. Any power given to a court by this rule may be exercised by any judge of such court at Chambers. 41. No person shall, except by order of the House of Commons or any tribunal having cognizance of petitions complaining of undue returns or undue elections, open the sealed packet of counterfoils after the same has been once scaled up, or be allowed to inspect any counted ballot papers in the custody of the Clerk of the Crown in Chancery ; such order may be made subject to such condi- tions as to persons, time, place, and mode of opening or inspection as the House or tribunal making the order may think expedient ; provided that on making and carrying into effect any such order, care shall be taken that tho mode in which any particular elector lias voted shall not be discovered until he has been proved to have voted, and his vote has been declared by a competent court to be in- valid. 4.2. All documents forwarded by a returning officer in pursuance of this Act to the Clerk of the Crown in Chan- cery, other than ballot papers and counterfoils, shall be open to public inspection at such time and under such COUNTY COUNCIL ELECTIONS. 47 regulations as may be prescribed by the Clerk of the Crown in Chancery, with the consent of the Speaker of the House of Commons, and the ( !lerk of (lie Crown shall supply copies of or extracts from the said documents to any person demanding the same, on payment of such fees, and subject to such regulations as may be sanctioned by the Treasury. Leave to inspect the marked resistor of voter3 will be granted whether the petition against the return of a candidate at a parlia- mentary election does or docs not pray for a Berafbiy, James v. Henderson, 43 L. J., C. P. 238; 30L.T. 527. See also Stowe v. Jolliffe (No. 1), 43 L. J., C. P. 173. 43. Where an order is made for the production by the Clerk of the Crown in Chancery of any document in his possession relating to any specified election, the production by such clerk or his agent of the document ordered, in such manner as may be directed by such order, or by a rule of the court having power to make such order, shall be conclusive evidence that such document relates to the specified election ; and any endorsement appearing on any packet of ballot papers produced by such Clerk of the Crown or his agent shall be evidence of such papers being what they are stated to be by the endorsement The pro- duction 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 bad affixed to his name in the register of voters at such election the same number as the number written on such counterfoil. General Provisions. 44. The return of a member or members elected to serve in Parliament for any county or borough shall be made by a certificate of the names of such member or members under the hand of the returning officer endorsed on the writ of election for such county or borough, and such certificate 6hall have effect and be dealt with in like manner as the return under the existing law, and the returning officer may, 48 PARLIAMENTARY, MUNICIPAL AND if he think fit, deliver the writ with such certificate endorsed to the postmaster of the principal post office of the place of election, or his deputy, and in that case he shall take a receipt from the postmaster or his deputy for the same ; and such postmaster or his deputy shall then forward the same hy the first post, free of charge, under cover, to the Clerk of the Crown, with the words "Election Writ and Return " endorsed thereon. 45. The returning office shall, as soon as possible, give public notice of the names of the candidates elected, and, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not. 46. Where the returning officer is required or authorised by this Act to give any public notice, he shall carry such requirement into effect by advertisements, placards, hand- bills, or such other means as he thinks best calculated to afford information to the electors. 47. The returning officer may, if he think fit, preside at any polling station, and the provisions of this Act relating to a presiding officer shall apply to such returning officer with the necessary modifications as to things to be done by the returning officer to the presiding officer, or the presiding officer to the returning officer. 48. In the case of a contested election for any county or borough, the returning officer may, in addition to any clerks, appoint competent persons to assist him in counting the votes. 49. No person shall be appointed by a returning officer for the purposes of an election who has been employed by any other person in or about the election. 50. The presiding officer may do, by the clerks appointed to assist him, any act which he is required or authorised to do by this Act at a polling station except ordering the arrest, 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 might have undertaken, or may assist his agent in the performance of such duties, and may be present at any place at which his agent may, in pursuance of this Act, attend. 52. The name and address of every agent of a candidate appointed to attend the counting of the votes shall be trans- COUNTY COUNCIL ELECTIONS. 49 mitted 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 trans- mitted, notwithstanding that his appointment may be other- wise valid, and any notice required to be given to an agent by the returning officer may be delivered at or sent by post to such address. 53. If any person appointed an agent by a candidate for the purposes of attending at the pulling station or at the counting of the votes dies, or becomes incapable of acting during the time of the election, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent so appointed. 54. Every returning officer, and every officer, clerk, or agent authorised to attend at a polling station, or at the counting of the votes, shall, before the opening of the poll, make a statutory declaration of secrecy, in the presence, if he is the returning officer, of a justice of the peace, and if he is any other officer or an agent, of a justice of the peace or of the returning officer ; but no such returning officer, officer, clerk, or agent as aforesaid shall, save as aforesaid, be required as such, to make any 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 sucli agents of the candidates as may be authorised to attend, and as have in fact attended, at the time and place where such act or thing is being done, and the non-attendance of any agents or agent at such time and place shall not, if such act or thing be otherwise duly done, in anywise invalidate the act or thing done. 5G. In reckoning time for the purposes of this Act, Sunday, Christmas Day, Good Friday, and any day set apart for a public fast or public thanksgiving, shall be ex- cluded ; and where anything is required by this Act to be done on any day which falls on the above-mentioned days such things may be done on the next day, unless it is one of the days excluded as above-mentioned. 50 PARLIAMENTARY, MUNICIPAL AND 57. In this Act— The expression "district borough" means the borough of Monmouth and any of the boroughs specified in Schedule E to the Act of the session of the second and third years of the reign of King William the Fourth, chapter forty-five, intituled "An Act to amend the Representation of the People in England and Wales ; " and The expression "polling place" means, in the case of a borough, such borough or any part thereof in which a separate booth is required or authorised by law to be provided ; and The expression "agents of the candidates," used in relation to a polling station, means agents appointed in pursuance of section eighty-five of the Act of the session of the sixth and seventh years of the reign of Her present Majesty, chapter eighteen. Modifications in Application of Part I. of Schedule to Scotland. 58. In Scotland, the place of election shall be a con- venient room situate in the town in which the writ for the election would, if this Act had not passed, have been proclaimed. 59. In Scotland, the candidates may respectively appoint agents to attend at the polling stations. The ballot papers and other documents other than the return required to be sent to and kept by the Clerk of the Crown in Chancery, shall, in Scotland, be kept by the sheriff clerks of the respective counties in which the returns (including those for burghs) are made, and the provisions of this schedule relating thereto shall be construed as if the sheriff clerk were substituted for Clerk of the Crown in Chancery. 60. In Scotland, the term "district borough" shall mean the combined burghs and towns specified in Schedule E of the Act of the session of the second and third years of the reign of King William the Fourth, chapter sixty-five, intituled " An Act to amend the Representation of tile People in Scotland ;" and in Schedule A of the Repre- sentation of the People (Scotland) Act, 1868. COUNTY COUNCIL ELECTIONS. 51 61. The provisions of the Act of the session of the second and third years of the reign of Bang William the Fourth, chapter sixty-live, intituled "An Act to amend the Representation of the People in Scotland," in so far as they relate to the fixing and announcement of the day of election, the interval to elapse between the receipt of tie- writ and the day of election, the period of adjournment, for taking the poll in the case of Orkney and Shetland, and of the district of burghs comprising Kirkwall, Wick, Dornoch, Dingwall, Tain, and Cromarty, and to the keeping open of the poll for two consecutive days in the case of Orkney and Shetland shall remain in full force and effect, anything in this Act or any other Act of Parliament now in force notwithstanding ; but nothing herein contained shall be construed to exclude Orkney and Shetland or Orkney or Shetland, or the said district of burghs, or any of the burghs in the said district, from any of the benefits and obligations of the other portions of this Act. IFod'tfications in Application of Part I. of Schedule to Ireland. 62. The expression " Clerk of the Crown in Chancery '' in this schedule shall mean, as regards Ireland, " the Clerk of the Crown and Hanaper in Ireland." 63. A presiding officer at a polling station in a county in Ireland need not be a freeholder of the county. 52 PARLIAMENTARY, MUNICIPAL AND Part II. Rules for Municipal Elections in Scotland and Ireland. 64. In the application of the provisions of this schedu'e to municipal elections the following modifications shall be made : — (a.) The expression "register of voters" means the burgess roll of the burgesses of the borough, or, in the case of an election for the ward of a borough, the ward list ; and the mayor shall provide true copies of such register for each polling station : (b.) All ballot papers and other documents which, in the case of a parliamentary election, are forwarded to the Clerk of the Crown in Chancery shall be delivered to the town clerk of the municipal borough in which the election is held, and shall be kept by him among the records of the borough ; and the provisions of part one of this schedule with respect to the inspection, production, and des- truction of such ballot papers and documents, and to the copies of such documents, shall apply respectively to the ballot papers and documents so in the custody of the town clerk, with these modifications ; namely, (a.) An order of the county court having jurisdiction in the borough, or any part thereof, or of any tribunal in which a municipal election is questioned, shall be substituted for an order of the House of Commons, or of one of Her Majesty's Superior Courts ; but an appeal from such county court may be had in like manner as in other cases in such county court ; (b.) The regulations for the inspection of documents and the fees for the supply of copies COUNTY COUNCIL ELECTIONS. 53 of documents of which copies are directed to be supplied, shall be prescribed by the council of the borough with the consent of one of her Majesty's Principal Secretaries of State ; and, subject as aforesaid, the town clerk, in respect of the custody and destruction of the ballot papers and other documents coming into his possession, in pur- suance of this Act, shall be subject to the directions of the council of the borough ; (c.) Nothing in this schedule with respect to the day of the poll shall apply to a municipal election. In Reg. v. Beari>sall, 1 Q. B. D. 452, it was decided that a county court judge could make an order for the production of the rejected ballot papers used at a municipal election, in aid of a prosecution for an offence against the Ballot Act. 65. In part two of this schedule as applying to Scotland — The expression " register of voters," means the register, list, or roll of persons entitled to vote in a municipal election made up according to the law for the time being in force. The expression " county court " means the sheriff court. The expression "town clerk" includes the clerk appointed by the Commissioners of Police under the Act of the session of the thirteenth and fourteenth years of the reign of Her present Majesty, chapter thirty-three, intituled " An Act to make more effectual provision for regulating the police of towns and populous places in Scotland, and for paving, draining, cleansing, lighting, and improving the same," and of the General Police and Improvement (Scotland) Act, 1862. 66. In part two of this schedule as applying to Ireland — The expression "register of voters," in addition to the meaning specified in such part, means, in relation 54 PARLIAMENTARY, MUNICIPAL AND ro any municipal borough subject to the provisions of a Local Act requiring an annual revision of the lists of voters at municipal elections, the register of voters made in conformity with the said pro- visions of such Local Act, and in relation to municipal boroughs to which Part II. of the Local Government (Ireland) Act, 1871, applies, the list to be made under the provisions of section twenty- seven of the said Act, and in relation to other municipal boroughs a list which the town clerk of every municipal borough is hereby authorised and directed to make, in like manner in every respect as if the provisions of the said section were applic- able to and in force within such municipal borough. The expression "county court" means the Civil Bill Court. The expression "town clerk" includes clerk to the commissioners, municipal commissioners, town com- missioners, or township commissioners of any municipal borough, and any person executing the duties of such town clerk. The expression "council of the borough" includes commissioners, municipal commissioners, and town commissioners of the town, and township commis- sioners of the township. The expression "one of Pier Majesty's Principal Secretaries of State " means the Chief Secretary of the Lord Lieutenant of Ireland. COUNTY COUNCIL ELECTIONS. 55 SECOND SCHEDULE. Note. — The forms contained in this schedule, or forma is nearly resembling the same as circumstances will admit, shall be used in all oases to which they refer and are applicable, and when so used shall be sufficient in law. Writ for a Count// or Borough at a Parliamentary *T be name J vi ,•' of the Mectum. _ Sovereign °Victoria, by the Grace of God, of the United maybe Kingdom of Great Britain and Ireland, Queen, i^nneces- Defender of the Faith, to the f of the sary. county [or borough] of greeting: J Whereas by the advice of onr Council we tlnsert have ordered a Parliament to be holden at"^ i eriff" Westminster on the day of StSKng next. We command you that, notice of the officer, time and place of election being first duly given, you do cause election to be made according to +TMs pre- law of members [or a member] to amble to be serve in Parliament for the said county [or the except in division of the said county, or the case of a borough, or as the case may be] of § and ^t]^ that you do cause the names of such members [or member] when so elected, whether they SF [or he] be present or absent, to be certified to a general" us, in our Chancery, without delay. eiecticnin- Witness ourself at Westminster, the the^iacetf day of in the year of a.b., ^ur reign, and in the year of our Lord 18 deceased, or ° ' J otherwise, stating the Label or Direction of Writ. cause of To the f of vacancy - A writ of a new election of members [or mem- ber] for the said county [or division of a county or borough, or as the ease, may be]. Endorsement. Received the within writ on the day of 18 (Signed) A.B., High Sheriff [or Sheriff, or Mayor, or as the case may be]. 56 PARLIAMENTARY, MUNICIPAL AND Certificate endorsed on the Writ. I hereby certify, that the members [or member] elected for in pursuance of the within-written writ, are [or is] A.B. of in the count v of and CD. of in the county of (Signed) A.B., High Sheriff [or Sheriff, or Mayor, or as the case may be]. Note. — A separate writ will be issued for each county as defined for the purposes of a parliamentary election. Form of Notice of Parliamentary Election. The returning officer of the of will, on the day of now next ensuing, between the hours of and , proceed to the nomination, and, if there is no opposition, to the election, of a member [or members] for the said county [or division of a county or borough] at the * Forms of nomination paper may be obtained * Note. a t °, between the hours of Insert and on of place 100 Every nomination paper must be signed by and room, two registered electors as proposer and seconder, and by eight other registered electors as assent- ing to the nomination. E^ery nomination paper must be delivered to the return- ing officer by the candidate proposed, or by his pro- poser and seconder, between the said hours of and on the said day of at the said c ". Each candidate nominated, and his proposer and seconder, and one other person selected by the candidate, and no other persons, are entitled to be admitted to the room. In the event of the election being contested, the poll will take place on the day of (Signed) A.B., Sheriff [or Mayor, or as the case may be~\. day of 18 . Take notice, that all persons who are guilty of bribery, treating, undue influence, personation, or other corrupt practices at the said election will, on conviction of such COUNTY COUNCIL ELECTIONS. 57 offence, be liable to the penalties mentioned in that behalf in "The Corrupt Practices Prevention Act, 1854," and the Ballot Act, 1872, and the Acts amending the said Acts. The Act which now prescribes the penalties for the above offences, and other offences created by it, is the Corrupt Practices Act, 1883. Form of Nomination Paper in Parliamentary Election. We, the undersigned A.B. of in the in the of of and CD. of being electors for the of , do hereby nominate the following person as a proper person to serve as member for the said in Parliament : Surname. Other Names. Abode. Rank, Profession, or Occupation. Merchant. BROWN John 52, George St., Bristol JONES or William David ... Hi BROWN (John Brown, of 52, George Street, Bristol, merchant.) JONES (William David Jones, of High Elms, Wilts, Esq.) MERTON l>SO (Hon. George Travis, commonly called Vis- count Merton, of Swanworth, Berks.) SMITH (Henry Sydney Smith, of 72, High Street, Bath, Attorney.) Form of Back of Ballot Paper. No. Election for county [or borough, or ward]. 18 Note. — The number on the ballot paper is to correspond with that in the counterfoil. 60 PARLIAMENTARY, MUNICIPAL AND Direction as to printing Ballot Paper. Nothing 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 large characters, as shown in the form, and the names, addresses, and descrip- tions, and the number on the back of the paper, shall be printed in small characters. Form of Directions for the Guidance of the Voter in voting, which shall be printed in conspicuous characters, and placarded outside every Polling Station and in every compartment of every Polling Station. The voter may vote for candidate . The voter will go into one of the compartments, and, with the pencil provided in the compartment, place a cross on the right-hand side, opposite the name of each candidate for whom he votes, thus X The voter will then fold up the ballot uaper 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 inad- vertence, give him another paper. If the voter votes for more than candidate , or places any mark on the paper by which he may be after- wards 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 misde- meanour, and be subject to imprisonment for any term not exceeding six months, with or without hard labour. Note. — These directions shall be illustrated by examples of the ballot paper. COUNTY COUNCIL ELECTIONS. Gl Form of Statutory Declaration of Secrecy. I solemnly promise and declare, That I will not at Ihis election for do anything forbidden by section four of The Ballot Act, 1872, which has been read to me. Note. — The section must be read to the declarant by the person taking the declaration. Form of Declaration of inability to read. I, A.B., of , being numbered on the Register of Voters for the County [or Borough] of do hereby declare that I am unable to read. A.B., his mark, day of I, the undersigned, being the presiding officer for the polling station for the county [or borough] of , do hereby certify, that the above declaration, having been first read to the above-named A.B., was signed by him in my presence with his mark. (Signed) C. _ Presiding officer for polling station for the county [or borough] of day of 62 PARLIAMENTARY, MUNICIPAL AND THE EFFECT UPON THE ELECTION OF BREACHES OF THE PROVISIONS OF THE BALLOT ACT. The Ballot Act, which lias created an elaborate machinery for the taking of votes at a contested election, lays down in the schedule to the Act Very precise directions as to the method in which those charged with its conduct are to conduct every detail. A practical question of the first importance is— What is the effect upon the validity of an election of a breach of! all, or any, of" these directions ? On the one hand it would be unjust that the failure of the returning officer strictly to adhere to every one of the rules should invalidate the election. On the other hand it would be of dangerous consequence if an election conducted in open breach of all the provisions of the Legislature should stand. In every case the difficulty is to distinguish between the mere irregularity which may expose the person guilty of it to an action or some penalty, but which does not affect the election, and that fundamental departure from the principles of the Ballot Act which destroys the return. Tnis distinction is accentuated by section 13 of the Ballot Act, which, while it is careful to declare that an election shall not be vacated by any informality or for any non-compliance with the directions contained in the Schedule, clearly implies that the return is invalid where the election has been conducted in defiance of the principles laid down in the body of the Act, and the result has been affected thereby. And it must now be taken to be clear law, that where in the carrying out of the election (a) the principles of the Ballot Act have been violated and (b) the result has been affected therebv, the election will lie set aside (The Hackney Case, 2 O'M. & H., 77 ; The Drogheda Case, 2 O'M. & H., 201 ; Woodward v. Sarsons, 10 C. P., 746). COUNTY COUNCIL ELECTIONS. 63 What arc the principles of the Ballot Act? They are no where in Co many words defined in the Act, "and nothing can he more difficult than for a judge or for a metaphysician or for anybody to say what are the principles of a statute which consists, together with the schedules, of upwards of 100 pages," (Per Grove, J., in the Hackney Case supra). In the same case, however, the learned judge Went on to define at least two principles of the Ballot Act. One principle he held was, that the rotlnij hIkiuIi! be xecret, and another principle that the electors should have a fair opportunity of recording their votes. There may he other pi inciples of the Act, but the cases in which an election has been sought to he upset for non- compliance with some principle of the Act may be referred to one or other of these heads. There is no reported case where an election has been invali- dated because it was conducted under circumstances that imperilled or destroyed the secrecy of the voting, though, in several instances, objection has been taken to the return on that ground. The leading case is the Dkogheda Case, (2 O'M. & H,, 201). There four of the seven polling stations were held in private houses, and each polling station consisted of two rooms on the first or drawing room floor, immediately adjoining one another but with no internal communication. The presiding officer and his clerks sat in one room, and into that room the voter, in the first instance, passed from the landing at the top of the stairs, and there received his voting paper. He then returned to the landing as the only means of getting into the second room, and arrived there, he marked his paper. Having marked the paper he was compelled to return by way of the landing to the first room where he deposited his paper in the ballot box. A policeman was stationed on the landing to prevent any person interfering with voters while passing from one room to the other, but there was nothing to prevent a voter, if so minded, showing his paper after it was marked to anyone who might be coming upstairs. There was no evidence that this was in fact done, nor was there any evidence that the result of the election was affected. It was also proved that the high sheriff, the sub-sheriff, the resident magistrate in charge of the polling, and the policemen had not taken the declar- 64 PARLIAMENTARY, MUNICIPAL AND ation of secrecy prescribed by the Act, and there was evidence that these persons had accidentally heard how several illiterates voted. Barry, J., who tried the case, referred the question of whether under the circum- stances the election should be declared void to the Court of Common Pleas. In the event the Judges there were equally divided, and the case coming back to Barry, J., he ultimately decided in favour of the validity of the election. In the Bolton Case (2 O'M. & H., 138), the respondent's agents in the polling stations, in violation of sec. 4 of the Ballot Act, communicated to persons outside the names of the voters who had applied for ballot papers. Mellor, J., held that though a deliberate violation of the provision with regard to the secrecy of voting had been attempted, he could not on that ground alone declare the election invalid. In Woodward v. Sarsons (10 C. P., 746), the presiding officer, before delivering the ballot papers to the electors, marked upon the face of a large number of them the number of the voter appearing on the burgess roll in a manner which would have enabled any person present at the counting to identify the way in which the party voted. It was held that this error of the presiding officer, which had no effect on the result, did not render the election void. It must be observed with regard to all the cases quoted above that in no instance was the court satisfied that the result of the election had been affected by the irregularities complained of. They must not, therefore, be taken as authorities for the proposition that under no circumstances would an election conducted in the manner in which they were conducted be set aside. The second principle of the Ballot Act, mentioned by Grove, J., is that the electors shall have a fair opportunity of recording their votes. It was on a suggestion that such opportunity had not been accorded that objection waa taken to the return in the Hackney Case (2 O'M. & H., 77). There it was proved that in a borough with 41,000 electors, two polling stations at which 4,838 voters were entitled to vote were never opened at all, and that three other polling places at which 3,938 voters were entitled to vote were COUNTY COUNCIL ELECTIONS. 65 only open during part of the day. Grove, J., held that the principle of the Ballot Act, which required that the electors should have a fair opportunity of giving their votes, had been violated, and that the irregularities complained of had more or less affected the result, and he declared the election void. In the Drogheda Case (2 O'M. & H., 201),' it was shown that the polling stations were not opened until a quarter to nine instead of at eight, but the learned judge found as a fact that this irregularity did not have the remotest effect upon the result of the voting, and he upheld the election. In the Worcester Case (3 O'M. & H., 184), objection was taken to the return on the ground that two polling stations were closed a little before four and while voters were wait- ing to vote, but no decision was given upon the legal effect of closing the poll a quarter of an hour before the autho- rised time, because the court held that in fact the poll was kept open until four. It is apprehended that the prema- ture closing of the poll would have had no effect upon the return unless the court was satisfied that the result either was or might have been affected by what had happened. In the Hackney Case, Grove, J. made some important remarks upon the meaning of the words, " the result of the election," in the 13th section of the Ballot Act, which it may be well to reproduce here. " I am very strongly in- clined to think," said his lordship, "that the expression, ' the result of the election,' does not in this Act necessarily mean the result as to another candidate having been elected at the poll. The result may be of various kinds. The result of the election would, in my judgment, be affected, if instead of a majority of 500, there was a majority of only 10 or even 100. Upon a scrutiny the matter might be very different. Other causes might also produce a very considerable change of relation between the parties, and might have a very important effect upon the ultimate, if not upon the then present representation in Parliament, that effect depending upon the magnitude of the majority. It will also be observed that the words used in the section are not ' did not alter the result of the election,' but ' did not affect the lesult of the election.' Does not the word ' affect ' mean substantially ' bear upon the result ? ' " (2 O'M. & H., 84). 66 PAUL1AMENTABY, MUNICIPAL AND REFERENCES TO THE ACTS WHICH PRE- SCRIBE THE PROCEDURE, &c, AT PAR- LIAMENTARY, MUNICIPAL & COUNTY COUNCIL ELECTIONS. (gi'iv — means that the Statute applies only to England ; S — Scotland ; I — Ireland. Elections to be free — 3 Edw. 1 (Stat. West. Prim.) c. 5. 1 Will. & Mary, sess. 2, c. 2. AS TO ISSUE AND DELIVERY OF WRITS TO RETURNING OFFICERS :— Forty davs between teste and return of writs of sum- mons— 7 & 8 Will. 3, c. 25, s. 1. Writs to be issued with expedition — 7 & 8 Will. 3, c. 25, s. 1. Issue of writs for elections in counties of Lancaster and Durham, and boroughs therein — (E.) 30 & 31 Vict, c. 102, s. 57. (E.) 31 & 32 Vict. c. 58, s. 21. Writs to he made conformable to Acts — (E.) 2 & 3 Will. 4, c. 45, s. 77. (E.) 16 & 17 Vict. c. 68, s. 1, (E.) 24 & 25 Vict, c. 112, s. 14. (E.) 30 & 31 Vict. c. 102. s. 58. Form of Writ— 35 & 36 Vict. c. 33, s. 28. Sch. 2. Notice of issue of writs to be given to Secretary of State for War department, and by him to generals in districts —10 & 11 Vict. c. 21, s. 2. 26 & 27 Vict. c. 12. Writ tu he delivered to officer to whom execution belongs. who shall take no fee for execution — 7 & 8 Will. 3, c. 25. ss. 1. 2, 5. COUNTY COUNCIL ELECTIONS. 67 AS TO RETURNING OFFICERS :— In counties, divisions of counties, and counties of cities, sheriffs of counties, and sheriffs of counties of cities, to be— 7 & 8 Will. 3, c. 25. (E.) 2 & 3 Will. 4, c. 45, s. 61. (E.) 16 & 17 Vict. c. 68, s. 1. (E.) 30 & 31 Vict. c. 102, s. 23. Appointment by sheriffs in divided counties of deputies /or election purposes ; deputies or under sheriffs act- ing, to lie deemed returning ofiiccrs — (E.)2 & ?> Will. 4. c.45, s. 61. (E.) 30 & 31 Vict. c. 102, s. 23. (E.) 35 & 36 Vict. c. 33, s. 8. In Isle of Wight sheriff or deputy to be— (E.) 2 & 3 Will. 4, c. 45, s. 16. Appointment of certain officers to be returning officers in certain cities and boroughs — (E.) 2 & 3 Will. 4. c. 45, ss. 10, 11. Schs.C. D. Appointment by sheriff and qualification of returning officers in other boroughs — (E.) 2 & 3 Will. 4, c. 45, s. 11. Schs. C. D. (E.) 30 & 31 Vict. c. 102, s. 47. Schs. B. C. In Thirsk— (E.) 31 & 32 Vict. c. 58, s. 27. Mayor, or alderman elected in his place, or deputy narym- to be returning officer where borough is a municipal borough— (E.) 2 & 3 Will. 4. c. 45, s. 11. Schs. C. D. (E.) 5^ & 6 Will. 4, c. 76, s. 57. (E.) 16 & 17 Vict. c. 79, ss. 7, 8. (E.) 30 & 31 Vict. c. 102, s. 47. ■ Schs. B. C. (E.) 31 & 32 Vict. c. 58, s. 33. In Brighton— (E.) 18 & 19 Vict. c. 31, s. 2. In Coventry— (E.) 5 & 6 Vict. c. 110, s. 10. Sheriff of county to act as returning officer in borough where there is no person qualified — (E.) 17 & 18 Vict. c. 57. AS TO WRITS (HOW TO BE DIRECTED, &c.) :— For counties and divisions of counties to sheriffs of counties— (E.) 16 & 17 Vict. c. 68, s. 1. For counties of cities to sheriffs thereof — (E.) 16 & 17 Vict. c. 68, s. 1. Fur cities and boroughs to returning officers or their deputies, or in their absence to sheriffs of counties — 68 PARLIAMENTARY, MUNICIPAL AND (E.) 16 & 17 Vict. c. 68, s. 1. (E.) 17 & 18 Vict, c. 57. I'm- Cheshire to sheriff of county — (E.) 9 & 10 Vict, c. 44. For Chester to sheriff of county of city— (E.) 9 & 10 Vict. c. 44. For counties of Lancaster and Durham, and boroughs therein, as writs for other counties and boroughs — (E.) 30 & 31 Vict. c. 102, s. 57. (E.) 31 & 32 Vict. c. 58, s. 21. Writs addressed to sheriffs of London and Middlesex, or to returning officers having offices in or near London, Westminster or Southwark to be delivered ; all others to he sent through the post; fees on conveyance of writs abolished — (E.S.) 53 Geo. 3, c. 89. (E.) 31 & 32 Vict. c. 102, s. 57. (E.) 31 &32 Vict, c. 58, s. 21. (E.S.) 37 & 38 Vict. c. 81, s. 4. Indorsement on writ of day of receipt — 7 & 8 Will. 3, c. 25, s. 1. 35 & 36 Vict. c. 33, s. 28. Sch. 2. AS TO ELECTION AND EETURN :— Returning officer on receipt of writ to proceed to elec- tion— (E.) 16 & 17 Vict. c. 68, s. 1. Notice of election, and of time and place, and of day for poll in ease of contest— (E.) 2 & 3 Will. 4, c. 45, 8,61. 35 & 36 Vict. c. 33, ss. 15, 17, 28. Sch. 1, rule 1. Soli. 2. Day for election, and time and place of election — 35 & 36 Vict. c. 33, ss. 16, 17, 28. Sch. 1, rules 2, 4, 58. Nomination of candidates — 35 & 36 Vict. c. 33, ss. 1, 8, 16, 17, 28. Sch. 1, rules 5, 8, 10, 13. Sch. 2. Nomination nut to he made at place of worship — (E.) 2 & 3 Will. 4. c. 45, s. 68. Adjo irnment of nomination in case of riot — (E.) 5 & 6 Will. 4, c. 36, s. 8. Candidates nominated, if no more than number of vacancies, to be elected and names returned — 35 & 36 Vict. c. 33, ss. 1, Hi, 17. If more candidates than vacancies, election to be ad- journed and poll taken — 35 & 36 Vict. c. 33, ss. 1, 16, 17, 28. Sch. 1, rules 10-13. COUNTY COUNCIL ELECTIONS. 69 Withdrawal of candidate before adjournment — 35 & 36 Vict. c. 33, ss. 1, 16, 17, 28. Sch. 1, rule 10. Withdrawal of candidate not finding security for ex- penses— (E.I.) 38 & 39 Vict. c. 84, s. 3. (S.) 41 & 42 Vict. c. 41, s. 3. Proceedings to recommence on death of candidate, after adjournment and before poll — 35 & 30 Vict. c. 33, ss. 1, 16, 17. Poll to be taken by ballot— 35 & 36 Vict. c. 33, ss. 2, 16, 17. Division of counties and boroughs into polling- districts and appointment of polling places — (E.) 30 & 31 Vict. c. 102, s. 34. (E.) 31 & 32 Vict. c. 48, s. 18. (E.) 35 & 36 Vict. c. 33, s. 5. (E.) 46 & 47 Vict. c. 51, s. 47. Poll not to be taken at place of worship — (E.) 2 & 3 Will. 4, c. 45, s. 68 ; Nor, except by consent of candidates, at public-house — (E.) 16 & i7 Vict. c. 68, s. 6. Hire of buildings or rooms, and use of school or public room for poll— (E.) 30 & 31 Vict. c. 102, s. 37. 35 & 36 Vict. c. 33, ss. 6, 16, 17. Erection of booths, providing of polling stations, ballot boxes, papers, copies of registers, &c, voters to vote only at booths or stations allotted— (E.) 2 & 3 Will. 4, c. 45, ss. 64, 68, 71. 35 & 36 Vict. c. 33, ss. 2, 8, 15. 17, 28. Sch. 1, rules 15-20, 22, 23. Sch. 2. Use of ballot-boxes, stations, &c, provided for municipal or school board elections for Parliamentary elections, and vice versa. — 35 & 36 Vict. c. 33, ss. 14, 16, 17. (E. I.) 38 & 39 Vict. c. 84, s. 6. (S.) 41 & 42 Vict. c. 41, s. 4. Liverymen of City of London, where to vote — (E.) 5 & 6 Will. 4, c. 36,' s. 7. (E.) 6 & 7 Vict. c. 18, s. 92. Appointment and powers of presiding officers and clerks— 35 & 36 Vict. c. 33, ss. 8-10, 16, 17, 28. Sch. 1, rules 21, 47-50, 63. Prowling of constables at polling stations — (E.) 6 & 7 Vict. c. 18, s. 90. Appointment by candidates of personation agents, and agents to attend counting of votes ; powers of agents.— (E.) 6 & 7 Vict. c. 18, s. 85. 35 & 36 Vict. c. 33, ss. 15-17, 28. Sch. 1, rules 21, 31-37, 52-55, 59. 70 PARLIAMKNTARY, MUNICIPAL AND Declaration of secrecy by returning officer, officers and a?cn ts.— 35 & 36 Vict. c. 33, ss. 16, 17, 28. Sch. 1, rule 54. Sch. 2. Poll, day for, commencement and continuance of — In counties.— (E.) 16 & 17 Vict. c. 15, s. 2. 35 & 36 Vict. c. 33, ss. 16, 17, 28. Sch. 1, rules 14, 61. In boroughs.— (E.) 5 & 6 Will. 4, c. 36, s. 2. 35 & 36 Vict. c. 33, ss. 16, 17, 28. Sch. 1, rules 14, 61. Duration of.— 48 & 41) Vict. c. 10. Voting at poll, administration of oaths to vi iters, grounds on which votes may he rejected. — (E.) 6 & 7 Vict. c. is. ss. 81, 82. 35 & 36 Vict. c. 33, ss. 2, 10, 15-17, 28. Sch. 1, rules 24-28. Sch. 2. Number of votes where three members returned. — 30 & 31 Vict. c. 102, s. 9. Number of votes in City of London. — 30 & 31 Vict. c. 102, s. 10. Production of books of admission of freemen. — (E.) 3 Geo. 3, c. 15, ss 4-8. Keeping order in polling stations — 35 & 36 Vict. c. 33, ss. 9, 10, 16, 17, 28. Sch. 1, rule 21. Adjournment of poll in case of riot. — (E.) 2 & 3 Will. 4, c 45, s. 70. (E.) 5 & 6 Will. 4, c. 36, s. 8. (E.) 16 & 17 Vict. c. 15, s. 3. 35 & 36 Vict. c. 33, ss. 10, 15, 17. Close of poll, return of ballot-boxes, &c, to returning officer, counting of votes, objections to votes, and decision thereon. — 35 & 36 Vict. c. 33, ss. 2, 16, 17, 28. Sch. 1, rules 29-37, 48. Returning officer, if registered, to have casting vote, but no other vote.— 35 & 36 Vict. c. 33, ss. 2, 16, 17. Declaration of result of election, return of result by post to Clerk of the Crown, or Clerk of the Crown and Hanaper in Ireland, by indorsement on writ. — 35 & 36 Vict c. 33, ss. 1, 2, 16, 17, 28. Sch. 1, rules 44, 63. Sch. 2. Report to Clerk of the Crown, Sheriff Clerk in Scotland, and Clerk of the Crown and Hanaper in Ireland, as to votes rejected, &c, return of ballot papers, &c, by post to Clerk of the Crown, &c, custody and pro- duction thereof.— (E.) 6 & 7 Vict. c. 18, ss. 93, 97. OODN'IT COUNCIL ELECTIONS. 71 35 & 36 Vict. c. 33, ss. 16, 17, 28. Sch. 1, rules 36-43, 59, 63. Clerk of the Crown to enter returns and alterations therein, allow inspection, and give copies ; penalty i'or neglect, giving false certificate, or altering return except by order of the House. — 7 & 8 Will. 3, c. 7, ss. 5,6. Penalty on sheriff omitting return to writ. — 5 Hie. 2, st. 2, c. 4. Prohibition of and damages for false returns, returns contrary to list determination of House, of right of election, false.— 7 & 8 Will. 3, c. 7, ss. 1, 2. Contracts to secure returns, void ; penalty for entering into such contracts. — 7 & 8 Will. 3, c. 7, ss. 4, 6. AS TO ELECTIONS FOR UNIVERSITIES :— How far exempt from general enactments. — (E.) 2 & 3 Will. 4. c. 45, s. 78. (E.) 30 & 31 Vict. c. 102, s. 2. 35 & 36 Vict. c. 33, ss. 27, 31. (E. I.) 38 & 39 Vict. c. 84, s. 8. Issue and delivery of writ, form of writ and indorse- ment on writ. (See above.) Writs to be addressed to Vice-Chancellors as Returning Officers who shall proceed to election and certify result. Oxford and Cambridge.— (E.) 25 Geo. 3, c. 84 s. 1. (E.) 16 & 17 Vict c. 68, s. 1. London.— (E.) 30 & 31 Vict. c. 102, ss. 40, 41. Notice of time and place of election. Oxford and Cambridge.— (E.) 33 Geo. 3, c. 64. London.— (E.) 30 & 3l Vict. c. 102, s. 42. Appointment of polling places, Pro Vice-Chancellors and officers. Oxford and Cambridge.— (E.) 16 & 17 Vict. c. 68, s. 5. London.— (E.) 30 &^31 Vict. c. 102, s. 44,_ Commencement and hours of poll and continuance for five days. Oxford and Cambridge. — (E.) 25 Geo. 3, c 84, ss. 1, 3. (E.) 16 & 17 Vict. c. 68, s. 4. London.— (E.) 30 & 31 Vict. c. 102, s. 43. 72 PARLIAMENTARY, MUNICIPAL AND Voting by voting papers and offences as to voting p ipers. Oxford, Cambridge and Dublin.— (E. I.) 24 & 25 Vict. c. 53. (E. L) 31 & 32 Vict. c. 65. London.— (E.) 30 & 31 Vict. c. 102, s. 45. (E.) 31 & 32 Vict. c. 65. Declaration of election and return. Oxford and Cambridge.— (E.) 25 Geo. 3, c. 84, s. 1. (E.) 16 & 17 Vict. c. 68, s. 1. London.— (E.) 30 & 31 Vict. c. 102, ss. 42, 44. As to the manner of election and voting for Scotcb Universities see 31 & 32 Vict. c. 48, as amended by 44 & 45 Vict. c. 40. AS TO EXPENSES OF ELECTIONS :— (1.) Of Candidates. Definition of candidate. — 46 & 47 Vict. c. 51, s. 63. Personal expenses.— 17 & 18 Vict. c. 102, s. 38. 46 & 47 Vict. c. 51, ss. 31, 66. Expenses, other than personal expenses, to be paid only through agents. — 46 & 47 Vict. c. 51, ss. 28, 29. Appointment of agents, and publication of names and addresses. — 46 & 47 Vict. c. 51, s. 24. Return of, to be, transmitted to returning officer — 46 & 47 Vict. c. 51, s. 33. Disputed claims may be taxed. — 46 & 47 Vict. c. 51, s. 30. Limitation of time for recovery of claims. — 46 & 47 Vict. <■. 51, s. 29. Publication of statement of expenses. — 46 & 47 Viet. c. 51, ss. 33, 35. (2.) Of Returning Officers. Account of expenses of, to be transmitted to election agents.— 46 ^-47 Viet. c. 51, s. 32. Payments to returning officers for services and ex- penses.— (E. I.) 38 & 39 Vict. c. 84, s. 2. Sch. 46 & 47 Vict, c. 51. Sch. 1. (E.) 48 & 49 Vict c. 62, s. 4. Expenses to be paid by candidates through election agent, persons nominating a candidate without his COUNTY COTTNOIL ELECTIONS. 73 consent to be liable for his share.— (E.) 2 & 3 Will. 4 c. 45, s. 71. (E. T.) 35 & 3G Vict. c. 33, ss. 8, 17. (E. I.) 38 & 39 Vict. c. 84, s. 2. 46 & 47 Vict. c. 51, s. 28. Security for expenses.— (E. I.) 38 & 39 Vict. c. 84, s. 3. 48 & -49 Vict. c. 02. (S.) 41 & 42 Vict. c.4l, s. 3. Sch. Accounts ; taxation and enforcement of payment l>y Lord Mayor's Court, County Court, or Civil Bill Court.— (E. I.) 38 & 39 Vict. c. 84, ss. 4. 6. Limitation of time for recovery of claims against re- turning officers ; notice to be given. — (E. I.) 38 & 39 Vict. c. 84, ss. 5, 7. Sch. 2. Acts not to apply to elections for Universities. — 2 & 3 Will. 4, c. 45, s. 78. 35 & 36 Vict. c. 33, s. 31. (E. I.) 38 & 39 Vict. c. 84, s. 8. (S.) 41 & 42 Vict. c. 41, s. 5. Act applying to all constituencies. — 46 & 47 Vict. c. 51. A.S TO OFFENCES AT ELECTIONS : PENALTIES :— Offences as to nomination papers, ballot papers, and ballot boxes.— 35 & 36 Vict. c. 33, ss. 3, 16, 17. Infringement of secrecy by officers, clerks, agents, &c. —35 & 36 Vict. c. 33, ss. 4, 16, 17. Personation ; proceedings on charge of, at time of voting ; prosecution for, by returning officer, and penalty for.— (E.) 6 & 7 Vict. c. 18, ss. 85, 89. 35 & 36 Vict. c. 33, ss. 24-27. 46 & 47 Vict. c. 51, s. 6. Penalties on commission of any other corrupt, illegal or unlawful practice or act.— 46 & 47 Vict. c. 51, ss. 6, 10, 21 & 36. Penalties on returning officers, postmasters, and other officers, for misconduct or neglect of duty. — 5 Ric. 2, st. 2, c. 4. 7 & 8 Will. 3, c. 7. 7 & 8 Will. 3, c. 25. (E.) 2 & 3 Will. 4, c. 45, s. 76. (E.) 6 & 7 Vict. c. 18, s. 97. 35 & 36 Vict. c. 33, ss. 11, 16, 17. 46 & 47 Vict. c. 51, s. 61. Action against returning officer for not returning person held entitled, on trial on election petition, to have been returned.— 31 & 32 Vict. c. 125, ss. 48, 58. 7-i PARLIAMENTARY, MUNICIPAL AND Hi lief againsl illegal practice or unlawful act. — 46 & 47 Vict. c. 51, ss. 23, 24. MISCELLANEOUS PROVISIONS:— Canvassing at elections prohibited — by Commissioners, &c, of Metropolitan Police at ' certain elections.— (E.) 10 Geo. i, c. 44, s. 18. (E.) 19 & 20 Vict. c. 2, 6. 9. (E.) 23 & 24 Vict. c. 13.0, s. 5. by county police at certain elections. — (E.) 2 & 3 Vict. c. 93, s. 9. by borough police at certain elections. — (E.) 19 & 20 Vict. c. 69, s. 9. Soldiers to remain in barracks during elections. — 10 & 11 Vict. c. 21. 26 & 27 Vict. c. 1 2. Power of sheriff or deputy to act in places of exclusive jurisdiction.— (E.) 2 & 3 Will. 4, c. 45, s. 66. (E.) 2 & 3 Will. 4, c. 64, s. 28. Marking of boundaries of boroughs bv returning officers. — (E.) 31 & 32 Vict. c. 46, s. 12. Jurisdiction of returning officers on alteration of boun- daries.— (E.) 31 & 32 Vict. c. 58, s. 35. Returning officers and deputies, presiding and other officers and their partners or clerks, not to act as agents for candidates.— (E.) 30 & 31 Vict. c. 102, s. 50. 35 & 36 Vict. c. 33, ss. 11, 16, 17. Voter not to be required to state for whom he voted. — 35 & 36 Vict. c. 33, ss. 12, 16, 17. Election not to be questioned for non-compliance or in- formality as to polling districts or places. — (E.) 35 & 36 Vict. c. 33, s. 5. Elections not to be invalidated by non-compliance with rules, or mistake as to forms. — 35 & 36 Vict. c. 33, ss. 13, 16,17. Saving and application of election laws. — (E.) 2 & 3 Will. 4, c. 45, s. 75. (E.) 30 & 31 Vict. c. 102, s. 5G. 35 & 36 Vict. c. 33, ss. 15-17. AS TO ELECTION PETITIONS :— Election or return to be questioned only by petition. — 31 & 32 Vict. c. 125, ss. 50, 58. * COUNTY COUNCIL ELECTIONS. 75 Definition and jurisdiction of court ; prescribed officer. — (E. I.) 31 & 32 Vict. c. 125, ss. 21, 27. (E.) 36 & 37 Vict. c. 66, ss. 3, 16, 31, 34. (I.) 40 & 41 Vict. c. 57, ss. 3, 21, 34, 36. Presentment of petition to Court, who may present ; security for costs ; form and service of petition ; respondents ; presentation of more that one petition. — (E. I.) 31 & 32 Vict. c. 125, ss. 5, 6, 20-23. Copy to be sent to and published by returning officer. — (E. I.) 31 & 32 Vict. c. 125, s. 7. Notice to respondent ; objections to security ; deter- mination of objections ; publication of list of petitions. — (E. I.) 31 & 32 Vict. c. 125, ss. 8, 10. Withdrawal or abatement of petition ; substitution of petitioner ; corrupt agreement for withdrawal. — (E. I.) 31 & 32 Vict. c. 125, ss. 35, 37. 46 & 47 Vict. c. 51, ss. 41, 66. Admission of voters as respondents in certain cases. — (E. I.) 31 & 32 Vict. c. 125, s. 38. Respondent not opposing not to appear as a party or to sit or vote in Parliament pending decision. — (E. I.) 31 & 32 Vict. c. 125, s. 39. Withdrawal of petition and certificate to Speaker where petition against one member only on double return is not opposed.— (E. I.) 31 & 32 Vict. c. 125, s. 40. Returning officer complained of may be made respondent. — (E. I.) 31 & 32 Vict. c. 125, s. 51. Petition complaining of no return. — (E. I.) 31 & 32 Vict. c. 125, s. 52. Time within which petition to be presented. — 31 & 32 Vict. c. 125 s. 6. 46 & 47 Vict. c. 51, s. 40. Trial of petition by judges selected from rota ; place and time of trial, adjournment, reception of and attendance on judges ; expenses ; powers of judges. — (E. I.) 31 & 32 Vict. c. 125, ss. 11, 28—30, 55. (E.) 36 & 37 Vict. c. 6(5, s. 38. (I.) 40 & 41 Vict. c. 57, s. 43. 42 & 43 Vict, c 75 s. 2. 46 & 47 Vict. c. 51, s. 42. Two judges instead of one to preside at trial. — 42 & 43 Vict. c. 75, s. 2. Reservation of questions of law ; trial of petition as special case by court.— (E. I.) 31 & 32 Vict. c. 125, bs. 11, 12. 76 PARLIAMENTARY, MUNICIPAL AND Attendance of shorthand writer of House. — (E. I.) 31 & 32 Vict. c. 125, s. 24. Trial not stopped by acceptance of office or prorogation of Parliament.— (E. I.) 31 & 32 Vict. c. 125, ss. 18, 19. Evidence of corrupt practices, how received. — (E. I.) 31 & 32 Vict. o. 125, s. 17. 46 & 47 Vict. c. 51, s. 43. Rules for procedure, &c. ; application of practice of election committees. — (E. I.) 31 & 32 Vict. c. 125, ss. 25, 26. Agents entitled to practise before election committees entitled to practise on petitions. — (E. I.) 31 & 32 Vict, c. 125, s. 57. Witnesses, summoning, examination, indemnity, and ex- penses of.— (E. I.) 31 & 32 Vict. c. 125, ss. 31, 32, 34. Costs and forfeiture of recognizances. — (E. I.) 31 & 32 Vict. c. 125, ss. 41, 42, 46 & 47 Vict. c. 51 s. 44. Recrimination on petition complaining of undue return and claiming seat. — (E. I.) 31 & 32 Vict, c. 1'25, s. 53. Striking off of votes on scrutiny, on trial of petition claiming seat, on proof of corrupt practices, or of voting by agents, &c. — 35 & 36 Vict. c. 33, ss. 25 — 27. Decision by judges or court ; certificate to Speaker ; report as to corrupt practices, &c. — (E. I.) 31 & 32 Vict. c. 125, ss. 11, 12. 42 & 43 Vict. c. 75, s. 2. Certificate to be final ; House to give effect to certi- ficate, and report by alteration of return, issue of new writ, &c.— (E. I.) 31 & 32 Vict. c. 125, ss. 13, 14, 40. Application of Parliamentary Elections Act to Scotland. — (S.) 31 & 32 Vict. c. 125, s. 58. ELECTION OF MUNICIPAL OR COUNTY COUN- CILLORS :— Councillors, election for borough or ward. — 45 & 46 Vict. c. 50, s. 50. Councillors, title to vote at election.— 45 & 46 Vict. c. 50, 88. 51, 58 (2). Councillors, day of election, and notice. — 45 & 46 Vict, c. 50, ss. 52/54. Councillors, returning officer. — 45 & 46 Vict. c. 50, s. 53 ; 51 & 52 Vict. c. 41, s. 75. POUNTY CoTJN'CIL ELECTIONS. 77 Councillors, nomination and withdrawal of candidate. —45 & 46 Vict. c. 50, s. 55, sell. 3, part II., 8, part IT. Councillors, relation of nomination to election. — 45 & 46 Vict. c. 50, s. 56. Councillors, publication of uncontested election. — 45 & 46 Vict, c. 50, s. .".7. Councillor, modi' of conducting poll at contested election bv ballot.— 45 & 4:5 Vict. c. 50, s. 58 (1), sen. 3, parts III., IV., 8, part II. Councillors, hours nf polling from 8 a.m. to 8 p.m. — 45 & 46 Vict. c. 50. s. 58 (3), (4). 48 & 49 Vict. c. 10. Councillors, casting vote of returning officer. — 45 & 46 Vict. c. 50, s. 58 (5). Councillors, provisions as to agents of candidate. — 45 & 46 Vict. c. 50, s. 58 (6). Councillors, questions to voters. — 45 & 46 Vict. c. 50, s. 59. Councillors, election of, in more than one ward. — 45 & 46 Vict. c. 50, s. (is. Procedure for division of borough into wards, or altera- tion of wards : remuneration of commissioner. — 45 & 46 Vict. c. 50, s. 30, sen. 4 and 5. Division of borough or ward into polling districts. — 45 & 46 Vict c. 50, s. 64. Supplemental provisions as to notices. — 45 & 46 Vict. c. 50, s. 65. Illness or incapacity of returning officer. — 45 & 46;Vict. c. 50. s. 67. Election not in place of worship. — 45 & 46 Vict. c. 50, s.69. Provisions if election not held, or void. — 45 & 46 Vict. c 50, s. 70. Election not invalid for irregularity.— 45 & 46 Vict. c. 50, s. 72. Election valid, unless questioned within 12 months. — 45 & 46 Vict, c.50, s. 73. Use of ballot boxes, &c, provided for parliamentary elections.— 35 & 36 Vict, c 33 (1), s. 14. Jurisdiction of county court as to election documents after return. — 35 & 36 Vict. c. 33 (1), sch. 1, part II. 78 PARLIAMENTARY, MUNICIPAL AND Penalty of forging, &c, nomination papers. — 45 & 46 Vict. c. 50, s. 74. Penalty of neglect or refusal to act as to lists and elections.— 45 & 46 Vict. c. 50, s. 75. Revival of former law, on cesser of Ballot Act. — 45 & 46 Vict. c. 50, s. 76. Borough constables not to vote or canvass. — 19 & 20 Vict. c. 89, s. 9. County constables not to vote or canvass. — 22 & 23 Vict. c. 32, s. 3. CORRUPT PRACTICES AND ELECTION PETITIONS :— Definition of, and penalty on personation. — 35 & 36 Vict. c. 33, s. 24. Election wholly void for general corruption. — 45 & 46 Vict. c. 50, s. 81. Corrupt practices, &c, defined : penalties and incapacities on conviction.— 47 & 48 Vict. c. 70 (1), s. 2, sch 3. Corrupt practices, >nl II. K. Miller, Exq., 'Barrister s-at-Laio. Authors of the " County Council Compendium." 1 - per dozen. Appointment of Deputy Returning Officer •_'. Writ I" Mayor of Borough to elect County Councillor, parchment 2a. Writ do. do. do. when divided into Wards 8, Notice of Election, Poster 4. Nomination Form 5. Suggestions for filling up Nomination Papers 6. Notice of Nomination, Poster 7. Notice of Objection to Nomination 8. Notice of Poll and Polling Districts, Poster 9. Appointment of Presiding Officer, Polling Clerks, &c. , 10. A ppointment of Election Agent 11. Notification of appointment of Election Agent 12. Form of Appointment of Sub-Agents 13. Instructions to Sub-Agents 14. Notification to Returning Officer of appointment of Sub- Agents 15. Form of Hire of Committee Rooms 1G. Instructions for Presiding Officers, Poll Clerks, &c. 17. Instructions to Agents attending Polling Stations 18. Notice of Counting Votes 19. Appointment of Agent for Counting Votes 20. Notification to Returning Officer of appointment of Agents for Counting Votes Appointment of Agents to detect personation Notification to Returning Officer of appointment of same Return of person elected Notice to Candidate or his Election Declaration on acceptance of office ... Declaration of Secrecy Questions to be put Declaration of inability to rend List of Tendered Vetes List of Votes marked by the Presiding Officer Admission Card to Polling Stations Form of Card to bo used in Counting Ballot Papers Declaration of Expenses Notice of allotment of Polling Stations, Poster Notice of situation of Polling Stations and guidance for Voting, Poster Notice of Election of Councillors unopposed, Poster Returning Officer's Notice of Election after contest, Poster Caution to Electors as to Corrupt Practices, Poster Caution to Electors as to Offences against the Ballot Act, Poster Caution as to disturbance in Polling Stations, Poster Ballot Papers, in books with counterpart, numbered ") and with Candidates' Names, at u few hours' notice * Direction Slips, " Way In " " Way Out, 'Gummed Paper or Index Hands 43. Order Book 44. Notice of Polling Place These Forms and Books are kept in Stock, and sent off immediately on receipt of Order. 42. 1/- each. 1/- „ 7/6 per 100. 1/6 per dozen. !/• 7/6 per 100. 1 - per dozen. 7/6 per 100. 1,0 per dozen. 1/- 1/- 1/- - 1/3 1/- 1/6 2/6 V- 1/6 2/- 1/6 2/- 1/6 1/- 1 6 16 2/- V6 1/6 1 6 5/- per 100. 6/- 1/6 per d izen. 7,6 per 100. 7/6 7/6 76 7/6 „ 7 7,6 To order. :' 6 each. To order. Sue, ml Forms Printed to < >rder at few hours' notice. LONDON WALL, LONDON. WATERLOW & SONS LIMITED, LIST OF STATIONERY, &c, FOR POLLING STATIONS. In Packets. Pike 5>6 each, or £3 per doz. Four large Envelopes endorsed for Papers, Books, viz. : — 1. The Unused and Spoilt Ballot Papers. 2. Tlie Tendered Ballot Papers. 3. The Marked Copies of the Register of Voters, and the Counterfoils of the Ballot Papers. 4. The Tendered Votes List and the List of Votes marked by Presiding Officer. Tape for fasteningUp Ballot Box Sealing Wax. Eight Indelible Pencils for use of Voters. Six Sheets of Blotting Paper. Six Sheets Large Brown Paper. Twelve Sheets Note Paper and Envelopes. Six Pencils, Six Penholders and Pens. One Bottle of Ink and Ink- stand. One Ball of Twine. One Pentateuch. One New Testament. THE ELECTION AGENT'S CASH BOOK (COPYRIGHT), Ruled and Printed with Headings, suitable for every description of outlay, with a Summary at end of every 16 pages, enabling the Election Agent to ascertain at a glance the Expenditure incurred up to any given time. (A) 54 leaves, super-royal 4to, bound limp roan and lettered (B) 72 ditto ditto ditto 12/6 161- A large number of these Books were used at the last General Election, and gave great satisfaction. LONDON WALL, LONDON. WATERLOW AND SONS LIMITED, USEFUL ELECTION BOOKS, &c. Dedicated by permission to the Bight Hon. the President of the Local Government Board. THE COUNTY COUNCIL COMPENDIUM OR DIGEST OF THE MUNICIPAL CORPORATION ACT, 1882, THE COUNTY ELECTORS ACT. 1888, AND LOCAL GOVERNMENT ACT, 1888. Being a Treatise on the above Statutes and others re-enacted therein. With copious Notes and Appendices containing extracts from Parliamentary Papers issued in connection with Local Government, also the Parliamentary Elections (Returning Officer's) Acts, Municipal Registration Act, 1878, Municipal Elections (Corrupt Practices) Act, 1884, and adapted portions of other Statutes. By Henry Stephen, of the Middle Temple, Barrister-at-Law, Editor of the 9th Edition of "Stephen's Commentaries," and Horace E. Filler, LL.B., of the Middle Temple, Barrister-at-Law, late Equity and Common Law Scholar, Campbell-Foster Prizeman, &c. In cloth, 21s., or for cash with order, 18s. For opinions of the Press see next pane. Crown 8vo. In Cloth, TWO SHILLINGS AND SIXPENCE. THE COUNTY COUNCILLOR'S VADE-MECUM. This book is intended for the use of persons desirous of becoming members of County Councils orwho may be elected Councillors or Aldermen. It contains in a compendious form all details which it is accessary thai a Candidate should know, and points out to him clearly and briefly the responsibilities which he is desirous of attaching to himself. II also essays shortly to describe the great changes in Local Administration which the Local Government Act, 1888, brought about, more particularly respecting the Police, High road system, Sanitary arrangements and the protection of Local interests against the inroads of noxious insects and contagious diseases, and against the dangers attaching to the manufacture of explosive materials and o'her substances which may possibly endanger life. This handy work also contains complete general information as to the relief tif Local Taxation, and the duties, at large, of the County Councils with regard to Finance and Local Rates. Br HENRY STEPHEN, Of the Middle Temple, Barrister-at-Law. Editor of /he dfh Edition of " Stephen's Commentaries;" AND HORACE E. MILLER, LL.B., Of the Mid ile Temple, Barritter-af-Law, Late Equity and Common Late Scholar. Campbell-Foster Prizeman, 3[c, Author* of" THE COUNTY COUNCIL COMPENDIl M." LONDON WALL, LONDON. WATERLOW & SONS LIMITED, COUNTY CO UNCIL COMPENDIUM. orixroxs of the press. " Law Times " says : - " Among the expositions of the general effect of the new legislation it stands high for clearness of thought and expression. It is a well-conceived an I well-arranged piece of timely work. The Index appears comprehensive and excellent, and reflects great credit on its compiler." "Solicitors' Journal " says : — " The first, chapter contains a terse and well-digested summary of the leading changes effected by the Act. The authors then proceed to deal with the constitu- tion and election of county councils. The information under this head is full and clearly arranged under sub-headings." " Saturday Review " says : — ■" A lucid and able digest of the County Electors Act, the Local Government Act, and the Muni- cipal Corporations Act, 1882. The book in fact is a concise treatise on the enormous changes in local government that will come into operation in April, and a handy volume of reference for officials and electors. The magnitude of the new scheme of Local < rovernment is unfolded with admirable clearness and cumulative effect." " Daily News " says : — " A complete and useful treatise upon the Local Government Acts." "The Field " says : — "The Local Government Act. — The County Council Compendium must be mentioned as one of the nmst valuable of the books which have appeared on this subject. By the competent hands of the editor of the ninth edition of 'Stephen's Commentaries' and of Mr. Horace Miller, a clear and instructive digest has been made of the various statutes enumerated, and the effect of the recent changes is well eluci- dated in a preliminary chapter. There are copious notes and appendices with a full index, and numerous extracts from par- liamentary papers bearing on the general subject of local govern- ment will be found included in the volume." LONDON WALL, LONDON. WATERLOW & SONS LIMITED, THE LAW RELATING TO CORRUPT PRACTICES AT PARLIAMENTARY, MUNICIPAL AND OTHER ELECTIONS, AND THE PRACTICE ON ELECTION PETITIONS, with an Appendix of Statutes, Rules and Forms. By Miles Walker Mattinson and Stuart Cun- ningham MACASKIE, of (Iray's Inn, Barrister-at-Law. Second Edition. Demy 8vo. In cloth, 10s. TABLE OF CORRUPT AND ILLEGAL PRACTICES WHICH VITIATE THE ELECTION. An Extract from the above work. By M. W. Mattinson and S. C. Macaskie, Barristers-at-Law. On linen-lined card. Prices : 1 copy, 2d. ; 50 copies, lis. ; 100 copies, 10s. ; 250 copies, £1 2s. 6d.; 500 copies, £2 ; 1,000 copies, £3 15s. TABLE OF CORRUPT AND ILLEGAL PRACTICES WHICH VITIATE THE ELECTION, printed on stout cardboard 11 by 17, suitable for affixing to the walls of committee rooms. Price 6d. each. A HANDBOOK OF THE LAW RELATING TO THE MANAGEMENT OF PARLIAMENTARY, COUNTY COUNCIL AND MUNICIPAL ELECTIONS. Second Edition. A statement of the Law relating to the machinery of Elections. By Henry Stephen, Esq., of the Mi Idle Temple, Barrister-at-Law. In cloth, Is. THE FRANCHISE ACTS, 1884-5, being the Representation of the People Act, 1884 : Registration Act, 1885 ; and Par- liamentary Elections (Redistribution) Act, 1884 ; with intro- ductions and Notes. By Miles Walker MATTiNSON,Bafrister at-Law. Joint Author of "Mattinson and Macaskie on Corrupt Practices." in boards, 2s. lid. THE ELECTORAL BOUNDARIES OF THE UNITED KINGDOM, being Schedules 5, 0, and 7 of the Parliamen- tary Elections (Redistribution) Act, L885. With Index, in hoards. 2s. 6d. LONDON WALL, LONDON. WATERLOW & SONS LIMITED, (Opinions of i be press OX THE WORK BY MESSBS. MATTINSON & MAC ASK IE, ON' "The Law Relating to Corrupt Practices." "Invaluable to Electioneerers and Party Agents. . . . We "recommend it not only to every Election Agent but to every "Candidate." — Whitehall Review. " Tbe difficult topic of Agency in particular is fully and clearly "treated. . . . The greater scope and careful workmanship of " this book make ;my comparison with other books yet published out " of the question." — Law Times. " It is compiled upon an easy intelligible plan, and has evidently " been very carefully prepared. . . . An invaluable guide to the " Statut ry standard of Parliamentary probity." — Globe. " A complete guide to the Election Law, and written with such a "masterful grasp of the subject and lucidity rarely to be found in " lawbooks." — Wedneshury Herald. " Gentlemen about to embark in the advontures of Electioneering "had better get this book promptly and study it carefully." — Western Times. " A valuable resume of the law under which future Elections will " have to be conducted." — Daily Chronicle. " A valuable, explicit, and carefully compiled compendium of " Election Law." — Tower Hamlets Independent. " To Agents and Candidates the information will be specially " valuable, for the writers point out, especially in the matter of the " use of conveyances and of the hire of Committee Rooms, not only " what is forbidden, but what is permissable." — Brighton Daily Post. "It is of the most complete and explanatory character." — Cornishman. LONDON WALL, LONDON. WATERLOW & SONS LIMITED, BALLOT BOXES. These Boxes are made of Japanned Metal with Handles and Tumbler Locks. Threi >i on the front, md one with slit and ttlide cover "ii the top, for sealing up, ilm- effectually preventing any tampering with the conti the introduction or withdrawal of papers after the Beals nrc affixed. Japanni d Metal 500 Voting Papers To take 1,000 ditto Kucli. 10/K Hi li Doz. .. £6 .. JL'D PERCUSSION PRESS. Fated with a word of 3 or t inters, embossing the Taper on both suies. ■■ doz. LEVER PRESS. A strong powerful Press. Fitted with a word of 3 or l letters, or si de '■' 68 £5. 5/- per doz. DUPLEX PRESS. A sligl ' n the handle produces a coloured impression on of the paper. Fitted with an ordinary word of 3 or 4 letters, or a design. 10 each. £">. s p, r doz. PERFORATING PRESS. ; effectual press for Fitted u ith ;i word of 3 or i a design of between 60 and no pinhi iles. 10/- ench. £5. 10/- per doz. Uered for future Election! at a charge of from 8 -each. LONDON WALL, LONDON. This book is DUE on the last date stamped below , orm L-9-15?n-7,'32 UC SOUTHERN REGIONAL LIBRARY FACILITY 353 038 i AA 00 loos UCLA-Young Research Library JN1005 1888 yr L 009 603 297 4 UNIVERSITY of CALIFORNIA UBBAKX