,, ^s^s^^sssssj^ WWWWWWSWVWvW v\VV\\\«VV\\\ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 0^ k\\\\\\\\\\\\\\\\\W\\\\\\\\\\\\\\' UNIVERSITY OF CALIFORNIA AT LOS ANGELES A • 2. . \ ADDENDA. Page 61. Note. — The receipt of parochial relief disqualifies a person for voting in the Township of Kingstown, owing to a special clause in "The Township of Kingstown Act, 1869." (32 & 33 Vic, c. cxxxiii,) > J 1 J ,n. THE LAW AND PEACTICE OF MUNICIPAL ELECTIONS IN IRELAND, WITH AN APPENDIX OF STATUTES AND A COPIOUS INDEX. BY R. FINLAY ^E RON, M.A. Senior Moderator, t.c.d. Secretary to the Bhckrock Townshij:) Commissioners. DUBLIN: ALEX. THOM & Co. (Limiteu), 87, 88, & 89, Abbey street, THE queen's printing OFFICE. WILLIAM M'GEE, 18, Nassau-street, LONDON: STEVENS & IIAYNES, Bell Yard, Temple Bar. 1891. r » r # € r PREFACE. £2 At the present time Municipal Elections in Ireland cause a bJ «o considerable amount of interest and are keenly contested ; it is therefore important — with a view of avoiding litigation- >- ec •c g^ that they should be conducted in strict accordance with the '•'"' statutes which govern them, as interpreted by the most recent legal decisions. It is a well recognised fact, that the Law relating to Muni- cipal Elections in Ireland is exceedingly complicated and confusing, and in regard to some points positively obscure. This is caused to a great extent by so many provisions of statutes relating to Municipal Elections being inconsistent and irreconcilable with one another, and the language used in them ambiguous. It occasionally happens, too, that a portion of an Act passed with a view to Parliamentary Elections — to which it is perfectly adapted — is brought ^' into force in regard to Municipal Elections to which it is ^ difficult to apply it. "^ There are some fifty Acts of Parliament, the whole or ^ portions of which affect Municipal Elections in different ^ places in Ireland. (See List given, pp. 210-213). It can be readily understood that this bewildering array of legislative en-actments, and the judicial decisions (many of which are of a conflicting character), recorded in inter- pretation of them, render it necessary for any one who requires information on the subject to unearth it — from a very voluminous and scattered mass of legal literature. It is admitted that a repeal and codification of the various cs ... S Acts bearing on Municipal Elections in Ireland is urgently ^ required, and it is to be hoped that at no distant date a reform ^ of this character will be undertaken by the Legislature. 383318 8 Municipal Elections in Ireland. Suili a vot'orni has been carried out in England and Wales by the passin^^ of the Municipal Corporation Act of 1882 (45 & 46 Vic, c. 50), wliich consolidates about seventy previous statutes. Tlic hnv and practice in regard to Parliamentary Elections h;is been treated in the most comjilete and exhaustive manner by several writers, but no woik has appeared deal- ing — in anything like a comprehensive manner — with the subject of Municipal Elections in Ireland. An attempt has been made in the following pages to supply this want to some extent, and to deal with the difficulties which present themselves in practice, in carrying out the provisions of the Acts referred to ; and it is hoped that it will be found to be of use in this respect to Returning Officers and Town Clerks in Ireland, upon whom this duty necessarily devolves. I have to acknowledge, with many thanks, the assistance I obtained from Mr. Con- stantine Molloy, Q.C., and Mr. Robert Keating Clay, Solicitor, in the preparation of this work, and for the information so freely placed at my disposal by the Town Clerks throughout the country. Valuable aid has also been obtained from the following and other sources, to which reference is made : — Haig : — The Muiiicii)al Corporation Acts of Ireland, 2nd Ed., 1845. Meara's Law and Practice of Elections, 1847. Leigh and Le Marchant's Election Law, by Leigh and Ander- son, 1880. Bush by on the Practice of Parliamentary Elections, by Hard- castle, 1880, for Page XIII. — Counting the Votes, . . 158-180 XIV. — Eloction of Mayor, AUleimen, Arc, . . 186-189 XV. — Occasiomil Vacancies, . . 190-191 XVI.— Corrupt Practices, 191-203 XVII.— Controverted ElectionH, .... 203-208 Table of Borouglis, Towns, and Townsliips in Ireland, 209 Table of Acts of Parliament bearing on Muni- cipal Elections in Ireland, . . . 210-213 Appendix, i to Ixxxiv Index, . . . . Ixxxv to xcviii t 13 ] ABBHEVIATIONS. A, & E., Ap., . B.A., B. & A., B. & C, Black. Com., Biishby, C.B., Cunnmgham, C. & R., E. & B., . F. & R, . Haig, Ir.R.C.L., K. & O., . L.R.C.P., . . Adolphus and Ellis' (Queen's Bench) Repoi-ts. . Appendix of Statutes. . The Ballot Act, 1872 (35 & 36 Vic, c. 33). . Barron and Austin's Election Cases, 1842. . Barnwall and Cresswell's (Queen's Bench) Reports, 1823-30. . Blackstone's Commentaries on the Laws of England. . Bushby's Practice of Parliamentary Elections, by Hardcastle, 1880. 5th Ed. . Common Bench Reports, or Manning, Grainger, and Scott's Reports. . Cunningham's Law of Parliamentary and Municipal Elections, by G. Tyrrell Giles, 1885. 3rd Ed. . Cockburn and Rowe's Election Cases, 1833. . Ellis and Blackburne's (Queen's Bench) Repoi'ts^ 1852-8. . Falconer and Fitzherbert's Election Cases, 1835- 38. . Haig's Municipal Corporation Acts of Ireland, 1847. . Irish Reports, Common Law. . Knapp and Ombler's Election Cases, 1834-5. . Law Reports, Common Pleas, 18G5-75. 14 Municipal Elections iti Ireland. L.R.C.P.D., . Law Reports, Common Pleas Divisiou, 1875-80. L.R.Q.B,, . . Law Reports, Queen's Bencl-, 18G5-75. L.R.Q.B.D., . Law Reports, Queen's Bench Division, 1875-90. L.J.N.S., . . Law Journal, Reports. New Series. L. T.N. S.J . . Law Times, Reports. New Series. T.L.R., . . Times Law Reports. Leigh, . . Guide to Election Law, 3rd Ed., 1880, by Leigh and Le Marchant. Meara, . . Law of Practice of Elections, 1847, by Wm. Meara. O. & H., . . O'Malley and Havdcastle's Reports of Election Petitions, 18G9-1704. Owen, . . The Ballot Act, 1872, by Hugh Owen, jun. Parker, . . The Powers, Duties, and Liabilities of an Election Agent, and of a Returning Ollicer at a Parliamentary Election in England and Wales, 1885, by Frank R. Parker. P. & K., . . Perr^' and Knapp's Election Cases. Salk., . . Salkeld's (King's Bench) Reports, 1695-1704. Taunt., . . Taunton's (Common Pleas) Reports, 1807-19. W. & B., . . Wolferstan and Bristowe's Election Report.^, 1859-6'1. [ 15 ] TABLE OF CASES CITED. A. Ackers v. Howard (L.R., 16, Q.B.D., 739), Atlilone (3 O. & H., 57), Aylesbury (4 0. & H., 63), . Page 180, 181, 183 . 140 83 B. Baker v. Marsh (4 E. & B., 144), . Belfest (B. & A., 561), . _ (ir, R., 7, C.L., 30), Bedford (P. & K., 147), Berwick-on-Tweed (44 L.T.N.S., 290)(3 0. & H. Bodmin (1 O. & H., 122), Bolton (2 O. & H., 141), Bowden v. Besley (4 T.L.R.Q.B., 590), Bradford (1 0. & H., 37), Budge -y. Andrews (L.R., 3, C.R, 511), Buckrose (4 0. & H., 115), . Burgoyne v. Collins (L.R, 8, Q.B.D., 450), Barnstable (32 L.T.KS. Q.B. 602), Birkbeck V. Bullard (54 L.T.N.S., 626), 0. Canterbury (K. & O., 131), . Carrickfergus (1 0. & H., 265), Casliel (1 O. & H., 288), Clementson v. Mason (L.R., 10, C.P., 209), Coventry (P. & K., 345 ; C. & R., 289), . • • 49 • • 118 • • 131 • • 70 .178), 140 177 178 • • 199 144, 145, 196 • • 106 . 199 • . 100 142, 172, 175, 178 . 99, 100 , , 179 195, 199, 204 • « 141 « • 199 • . 84 t,85 . 84 ,82, 126, 146 • . 103 * i6 ISIunicipal Elections in Ireland, D. Page Davies v. Lord Kensington (L.R., 9, C.P., 729), . . 107 Down (3 O. & H., 122), 202 Drinkwater v. Deakin (L.R. 9, C.P., G26), . . .79, 80 Drogheda (2 O. & H., 206), .... 121, 125, 131 Dublin (1 0. ^ H., 273), 19G Dudley (2 0. &H., 121), 147 Dungannon (3 O. & H., 101), 83 Drewe v. Collins (2 Luder's Election Reports, 245), . 90 F. Fanagan 5 c3 O -1-3 Cm '^ ,..h4 (J< bC S ^ n (U ^ pq ->J OJ ^ +3 ->J 'A «*- PI 1— H xn a> OS 03 Ph O) bO w rH M ^ a> pq bO r/3 C3 M n3 1^ O o H la" o o a H :?; K o 1-5 '^ r> GO 1 — 1 +J S r^ tP bp g -u (- -kJ ^J -»f C3 c3 0) p:; 02 b/D i=l ^ ^^ d -k^ ^ C4-I ci iX) c3 ri M Oh w -(J > C cT 03 slip '^ " "^ b». c <^ 6 ■+3 cS « M a > c3 Ph ■*^ c3 « ^ PL, • • • • fl oT 2 >■ m S ■jh ft oT - 1— « • d, g &I n. TJl -M -fj lst day of -Vugusl (3 & 4 Vic, 0. 108, ». 38). If the office be not open, the oecii])ier may yiay or tender the rates to the treasurer of the borough, and if there be no treasurer, to the mayor. Register of Voters. 27 September (Sunday excepted), and shall deliver a copy thereof, or any extract therefrom, to any person requiring the same on payment of a reasonable price, not exceeding one halfpenny for every name, and with the entries attached thereto, which may be included in such copy or extract so required ; such copy or extract to bo delivered by the town clerk within four days from the date of the applica- tion.— (6 & 7 Vic, c. 93, s. 2). * Any mayor, treasurer, or collector, who neglects to per- form the duties herein-before specified, shall forfeit a sum of £20.— (id, s. 3.) The town clerk shall, on or before the 2()th day of September, make out an alphabetical list of all persons en- titled to be enrolled in the burgess roll of that year within such ward of such borough, excluding therefrom the name of every person who shall not appear (by the entries made in the book referred to by the several collectors, &c.) to have paid all rates and cesses required to be paid in order to qualify such person ; and shall sign such lists, and shall, on the said day (20th September), deliver a true copy of such lists, signed by himsolf, to the mayor of the borough ; and he shall himself keep such original list to be perused by any person, without payment of any fee, at all reasonable times between the 20th and 30th cf September, and shall cause a copy of the said lists to be fixed on or near the outer door of the town hall, or in some public and conspicuous place within the borough, on every day during the eight days next preceding the I st day of October. — (3 & 4 Vic, c 108, ss. 41, 42 ; and 6 & 7 Vic, c 93, s. 4.) Persons who find that their names have been improperly omitted from the lists, may give notice in the form given in Schedule D, No. 2 (3 & 4 Vic, c 108) to the town clerk * Haig (p. 17) saj's :— " 6 & 7 Vic, c. 93, s. 1, has repealed the clauses direct- ing the preparation of the lists, and made new provisions without imposing a penalty on the town clerk for breach of the new enactments. See sects, 'lb and 6-t of 3 & 4: Vic, c. 108. The effect appears to be that there is uo penal clause now affectins a town clerk neglecting to discharge this duty." 28 Municipal Elections in Ireland. on or before the 1st of October. Notices as to persons whose names are objected to as having been improperly in- serted on the lists, must be given to the town clerk and also to the person objected to, (or left at the premises in respect of which his name shall have been inserted in such list,) in the form given in Schedule D, No. 3 (3 & 4 Vic, c. 108) on or before the 1st of October.— (G & 7 Vic, c 93, y. 4.) Names of claimants and persons objected to, to be published ] The town clerk shall cause a list of all claimants and all persons objected to, to be fixed on or near the outer door of the town hall, or in some ijublic conspicuous place within the borough, during eight days (Sunday excepted) next preceding the 20th October. He is to keep a copy of the names of the claimants and jicrsons objected to, to be perused by any person, dur- ing all reasonable hours, without any charge, during the eight days next preceding the 20th October (3 & 4 Vic, c 108, s. 43 ; and 6 & 7 Vic, c. 93, s. 4). Revision Court.] A Revision Court is to be held in each l)orough between the 20th October and the 10th November, undei" the mayor and two assessors. Three clear days'* notice is to be given of the holding of this court.f The court may adjourn from time to time, but cannot sit after the 10th of November. Tlie lists to go before the Revision Court are : — 1. The (pialitication list as prepared from the poor law rate books by the town clerk. 2. The list of claimants. 3. The list of persons objected to. * See foul m\U\ pad p. 31. t Notices (o be allixed on or near the iloor of tlu tuwu hall, or hi smuc puLilic and conspicuous place in the borough. Register of Voters. 29 The mayor is empowered to take evidence on oath and to require the collectors, &c., to attend with their books. The proceedings are to be carried on in open conrt. All claims or objections duly made are to be heard, and names to be inserted or expunged on the proof of such claims or objections. The mayor is to expunge from the lists the name of any person found to be dead, and to correct any mistake, or supply any omission, Avhich shall be proved to have been made in any of the said lists in respect of the name or place of abode, or local description of the property of any person who shall be on any such list. Names not objected to are to be retained on the list. The fact of the name of any person being on the burgess roll of the preceding year is prima facie evidence of his title to be enrolled on that for the current year. No name is to be expunged from the lists, unless notice has been served as provided by 3 & 4 Vic, c. 108, s. 43. The mayor is, in open court, to write his initials against the names respectively struck out, or ir.'serted, and against all amended errors in the said lists, and sign his name to every page of the several lists so settled (3 & 4 Vic, c 108, s. 46 ; 6 & 7 Vic, c 93, s. 4). The lists, when revised and signed, are to be delivered to the town clerk, who is to take charge of same and cause them to be copied into a book provided for the purpose. The names are to be arranged alphabetically in each ward, and numbered consecutively from the first name in the first ward to the last name in the last ward. This book — which is to be called the Burgess Roll — is to be completed before the 20th November, and constitutes the register of voters entitled to vote at any election which may be held.* — (3 & 4 Vic, c 108, ss. 45, 46 ; and 6 & 7 Vic, c 93, s. 4). The mayor shall provide true copies of the burgess roll or ward list for each polling station. — (B. A.,r. 64 (a)). Ap. xlix. * He is not required to have copies of the Burgess Roll printed. The old Burgess Roll is to remain in force till the new is made out (o & 4 Vic. e. , 108, s. 47.) 30 ]\Tniiicipal Elections i?i In/and. A]>plication may be made to the Court of Queen's Bench for a mandamus to the mayor to put a burgess on the roll. — (3 & 4 Vic, c. 108, s. 40). The rii^ht of anyono who shall have been admitted and enrolled ui)<>n the burgess roll may be questioned by appeal to the Court of Queen's Bench.— (3 & 4 Vic, c 108, s. 50). The Freeman's Roll.] The Freeman's roll is to be prepared by the town clerk. The mayor, in borougJis under 3 & 4 Vic, c. 108, schedule A, and a person appointed by the Lord Lieutenant in boroughs under 9 Geo. IV.. c 82, is afterwards to hold a court for revising it. The town clerk is to attend at the revision and to permit inspection of corporation books and other documents by claimants or persons acting for them, or by any regi.^tered Parliamentary elector of the borough. A true copy of the Freeman's roll, when revised, is to be kept by the town clerk, and he is to allow a free perusal of it at all reasonable times, and supply copies of it, or extracts from it, on receiving payment of certain fees. — (3 & 4 Vic, c 108, ss. 7, 8.) The admission or rejection by the mayor of a claimant may be the subject of an appeal to the Court of Queen's Bench.— (3 & 4 Vic, c. 108, s. 0). Annual Revision by Revising Barrister.] II.— In towns or boroughs having Local Acts requiring an annual revision of voters by a revising barrister, the refister of voters is prepared in substantially the same way as the burgess roll is prepared in boroughs under Schedule A of the Municipal Reform Act, 1840 (3 k 4 Vic, c 108). Some of these Acts have provisions requiring the town clerk, before the preparation of the lists is commenced, to publish a notice stating that no person will be entitled to have his name inserted on the list of voters unless certain rates are paid before a specified date, and providing for the sale of printed copies of the register when finally revised. If the Register of Voters. 3 1 town clerk fails to publish the names of persons objected to, a mandamus may be obtained to compel him to do so. — See Kingstoiun case 1885 (18 Ir. L.R., 179;. Voters' List made out by the Town Clerk.] III. — The register of voters is made out by the town clerk in boroughs to which Part II. of the Local Govern- ment (Ireland) Act, 1871 (34 & 35 Yic, c. 100), refers, viz. :— Those under the Towns Improvement (Ireland) Act, 1854 (17 & 18 Vic, c. 103), or under a special Act incorporating the said (Towns Improvement) Act in whole or part. This class comprises by far the greater number of towns and boroughs in Ireland. (See table j^ost p. 209.) The 27th section of the Local Government (Ireland; Act, 1871 (34 & 35 Vic, c 109), enacts :— " The clerk to the commissioners, at least fifteen days* before the day appointed for the animal election of commissioners in each year, shall make out an alphabetical list of the names of all persons, with their respective residences, entitled to vote at such election in respect of premises within the town, as they appear in the rates made for the purposes of the principal Act, and also of all persons entitled to vote at such election in respect of property within the town." " Such list shall be evidence that the persons therein named are entitled to vote at the next annual election for commissioners, and also at any other election for one or more commissioners which may be held before the next annual list is made out. " The clerk to the commissioners shall forthwith cause to be printed copies of the list to be made out by him in every year as aforesaid, and shall deliver a copy of such list to all persons requiring the same, on the payment of the siim of one shilling for each copy, and shall cause a copy of such list to be fixed on or near the outer door of the oflEice of the commissioners, and in some other public and conspicuous situation within the town, on every dayf during the ten days next preceding the day appointed for the election of the commissioners in each year." — (Ap. xxx.) In makino; out the list, the Town Clerk should be care- ful to give the names and residences of occupiers exactly as * Means fifteen clear days, without counting Sundays — Howes v. Ttirner, (187G), 45 L.J.N.S.C.r., 550, and clear days are reckoned exclusively of the first and last da}'s, see case of TAffiii v. Pitcher, 1842, 1 Dowling's practice reports, new series, Q.B., 7G9. The list need not be published, it will be observed, till 10 days before the election. f Should the day fixed for the election fall on a Sunday, the election is to take place on the following day (Monday). 32 Municipal Elections in Ireland. they appear in the Poor Law Rate Book, and of Immediate Lessors as they appear in the Townsliip Rate Book. Publication of Notice.] When any public notice is antliorizcd or required by the Ballot Act, 1872, it is to be given by advertisements, placards, handbills, or by such other means as the returning ofUeer thinks best calculated to afford information to the electors. (B.A., r. 4(>.) Ap. xlvii. The Registration Act, 18G8 (13 & 14 Vict., c. GO, s. 40), enacts, in regard to the publication of notices and lisis in connection with Parliamentary elections — " That in all cases in wliicli any notice, list, copy of register, or other dociunent sliall, ])iu'snant to the pi'ovisions aforesaid, be M nixed on any sucli ])]a('(> as aforesaid, the same shall continue .so Ijxed for a i)eriocl including two consecutive tSiuulays, at the least, next after the day on or before whicli the same is hereinbefore required to be published : and in case the same shall he destroyed, mutilated, effaced, or removed before the expiration of such period, the party hereinljeforerecjuiredto puljlishtlie same asafoi'esaid sliali, as soon as conveniently may be, publish in like manner in its place another notice, list, cojiy of register, paper, or other document so destroyed, nuitilated, effaced, or removed." And section 42 [id.) provides that the list shall not bo invalidated by imperfect publication, but makes the party responsible for the publication of it liable to penalties. 'J'hese provisions however, have not been brought into force in regard to Irish municipal elections. In England the name of the printer must be affixed to any notices or placards which are issued in connection with an election (46 & 47 Vic, c. 51, s. 18). Machinery for preparing List unsatisfactory.] The Legislature has. cast the important and responsible duty of preparing the list "of persons entitled to vote" upon the town clerk, but has failed to provide him with the necessary machinery for satisfactorily performing it ; yet the voters' list as prepared by him is as conclusive, as reo-ards the qualification of a person to vote, as the one which (as we have seen,) has been revised and settled in Register of Voters. 33 open court, upon sworn evidence, by the mayor and assessors or by the revising barrister, after a preliminary list has been published, and time allowed for the service of notice of claims and objections to it, and for the publication of such claims and objections. The town clerk without these aids and safeguards prepares his list not in public but privately in his office. He decides there — on the best evidence he can get — whether a person is, or is not, quali- fied to vote ; and his decision is absolute, and without appeal. It is not necessary for him to assign any reason for having put the name of one person (m, or omitted the name of another from, the list. He may endeavour to dis- charge this duty in the most painstaking, impartial, and strictly legal manner, j^et he is liable to error; and, besides, it is unsatisfactory for those ratepayers whose names are omitted from the list not to know the grounds upon which they are disqualified to vote. It may perhaps be open to anyone who considers that he has been unfairly, or with malicious intent, dis- franchised, to take an action, or institute a criminal j)ro- secution ao-ainst the town clerk. CD The town clerk would not, however — his duties beino- of a judicial character in regard to the preparation of the list — be liable for any mistake he might make through an error of judgment. — See The Qaeen v. the Justices of Armagh, 1861 (6 Irish Jurist, N.S.,p. 212), where it was held that the preparation of the lists of jurors is a judicial act. An elector would not have time to obtain a mandamus to compel the town clerk to place his name on the list of voters, because he could not ascertain that his name had been omitted from the list until the date on which the list is published — viz., ten days before the election.* * In towns under the Towns Improvement (Ireland) Act, 1854, elections are held on the 15th October (17 & 18 Vic, c. 103, s. 23), so that the list need not be published till the 4th of October, at which time the Court of Queen's Bench would not be sitting. C 34 Municipal Elections in Ireland. The list is conclusive and final even u])on an election tribunal, except in regard to persons inherently disquali- fied.— See 'post, p. 138-9. Suggested Course with regard to the preparation of the List.] The Act says : — " The town clerk shall make out an a1i)habetical list of all persons entitled to vote." To do this he must know lu/io are entitled to vote : consequently the Leofislature imposes upon him the duty of ascertaining this ; and it is submitted that he ought to take all such steps as he legally can, for properly discharging this important dut3^* And it is suggested, for the consider- ation of those town clerks who are required to make out an annual list of voters, whether it might not be advisable in preparing these lists to follow to some extent the course which the law requires to be followed in those boroughs where the lists are revised by a revising barrister, and to ])ublish,f say on the 1st September, a notice as follows : — Notice to the electors of tlie township (town or boroiigli) of I, being town clerk, of the said townsliip (town or borough) am now (in .iccordance witli the provisions of the Local Govorn- luent (Ireland) Act, 1871) about to prepare a list (which will be published on the 4th day of October next) of all persons qualified to vote for the forthcoming election of commissioners for this township (or boi'Oiigh), to be held on the 15th day of October next, 18 * The Legislature has left him to a great extent in the dark as to haw he is to proceed to ascertain wlio are entitled to vote. It merely directs him " to make out an alphabetical list of the names of all persons, with their resj)ective residences, entitled to vote at such election in respect of premises witliin the town as they appear in tlic rates made for the purpose of the principal Act (/.c.,The Towns Improvement (Ireland) Act, 1854); and also of all persons entitled to vote at such election in respect of property within the town," but does not afford him any assistance as to how he is to obtain infor- mation or evidence as to the qualifications of persons to vote, other than tliat obtainable from the rate books; f.. C ^ ^ r,-) r^ rH R +3 K a • u C4. H © ^ c ' -% u TO >— 1 i 0^ 3 r^ *■ 3 &, 1— ( c 3 < 73 1— < o t- C3 H Pi c5 l-l -> d o r a 2 -d c3 tS (^ 1 « o ' t> r/3 r (4 Eh O a ^ , ^ CI Iz; ^ H •^ Eh Ct- C > ^ . '0 Ph ,ii i ci '■ i 1— 1 3 a 3 cr" C 5 1^ >> e : "^ e Ot„ r 5 i- 1— * 5 -*- M >• "So (or borougli or herewith partic -j:; 00 Rated for re- lief of the poor in re- spect of such qualifying properly. If a natural born subject .or if not whether letters of naturalisa- tion have been taken out. Date on which borough or town- ship rates assessed (within ) have been paid. Period in occupation of qualifying property. Eateable value of qualifying property. 61; . Bi S P< §2 d p CO w n a> r^ to a> CO -> CS <:y S o u e Is o Register of Voters. I'j Notice of Objection. To the Town Clerk of the Borough of I liereby give you notice that I object to tbe name of of l)eing retained on the voters' list of the town (borough, or township) of on the ground that {liere insert reason for alleged disqualification). Dated this day of 18 . (Signed) Points in favour of course suggested] It is submitted that (in the absence of any prohibitory enactment) there is nothing illegal in the course here suggested. The point to be considered is whether, in the present deficient and unsatisfactory state of the law, it would not be advisable to adopt any expedient, which can legally and inexpensively be adopted, for securing greater accuracy in the lists of voters, and carrying out the revision or preparation of them in as public a manner as possible, and giving every ratepayer an opportunity of making his claim, and of knowing, if disqualified, the grounds on which he is disqualified. Objections against it] Objections may possibly be advanced against it, viz. : — (1). That the payment of the expenses incurred for printing and posting the notices referred to (the publication of such notices not being specifically authorised by statute) would be an illegal payment, and might be surchai'ged by the Local Government Board auditor. (2). That even although legal, the town council might refuse to sanction such an expenditure. (3). That by admitting the public at the final revision of the lists the proceedings might be interrupted or disturbed 383318 38 Municipal Elections in Ireland. by disorderly persons attending it, and that the town clerk would have no means of preserving order by causing the arrest or removal of the persons so disturbing. Objections considered] (1). The expenditure is not, it is true, in terms authorised by the Act, but the course suggested for adoption is a means of carrying out the requirements of the Act, and it is extremely doubtful wliether such an expenditure could legally be surcharged. (2). The expenditure would not exceed £1, and the members of a town council who refused to sanction this tritling expenditure — thereby preventing the town clerk from adopting the course which he considered necessary for satisfactorily discharging a public duty imposed upon him by statute — and affecting so sacred a constitutional right as the municipal franchise — would place themselves in an unenviable position in regard to the public and to their constituents. (3.) The town clerk would have no such power as the returning officer has, when sitting to determine the validity of nomination papers (in boroughs under 3 & 4 Vic, c 108) to order the arrest or remeval of any person disturbing the pro- ceedings during the revision of the lists in public ; but in the unlikely event of a disturbance occurring, the town clerk could at once adjourn the proceedings; or bring them to a close and complete the revision in private, as carryi))g it out in public is voluntary, and not obligatory, on his part.* Form in which the lists of voters are to be published in towns or boroughs which have adopted the provisions of the Towns Improvement (Ireland) Act, 1854 (17 &; 18 Vic, c 103) in regard to the qualifications of voters: — • If the procedure suggested here is considered too cumbersome, or if any practical dilficulties arise in carrying it out, the town clerks might at least give the agents or representatives of each political party a co]iy of the preliminar)' list, and invite them to be present, and submit claims or objections when the list is being finally revised. Register of Voters. S9 n 0) t>. ^ -rt , -^J ■^ -M o ^.^-^ d H d r-^ o «M -P O -P <1 (J > M t-i 0) 1"> o -1-3 ei 'T3 ^ .r-l .a a; a a a O ^ o V oiT O 0; I— ( --I <1 aj o ^ A n3 O >^, > ■A -1-3 o a I— ( 'a3 O, -t» 3 r^ a; a ^ u PI o -t^ -13 O o o +3 u ^ ^ -(-' a r-l O ^ «tH o O O o H CO U m o «ii t-H hJ ^ f^ . >. c tt t- c d ill 3 c 0) .^ .1 "^5 3 0- « -S xn H o o 73 ■g 3 £ ^ do -tJ 1 u 3 o liin the ropeny lion is d' '3 a o o > O o -a o H o o m " ° 3 2 (-. > — •Premises wit which the P Qualiflea 5< o 3 o si S :=! 3 ^ a -^ 3 o "5 -3 3 . rt B OS d O) H ^^ as PS H .s" • ci Oi 0^ XI C a a> 3 !n "3 13 d •a Q ■» t.. • cj -3l ^ TS ^-T o ♦J oT U. -*-i o c .4_> a a (u a> P3 0) c C3 if a 1 s D . 3 a S 3 3 *c3 S CO co" 1— I ?5 M ■'^'' tB • t>r • t-. O Ci J^^ «^1 aM8 o' o" • 1 lO o" O lO * -* i-H (M »-< lO • d • m ■^ Q> ^ 1^ t« ti^ »^ e "o rn .a ja c3 cS .S3 5 a: 5 U R QQ o vT Hj O S a" >-T. o H d .S - 2 r£ rt C3 t> s ^ ^ T3 ^ -*-< cS rt o O .. o to • r-t CO o o > o O o H-l CD O a o (U 3 o o a a a 3 o t3 a CO c: ;-l a 0) O ^ >• a bu (U (H -p c3 ft 3 . «« u ^ 'TJ Z> c3m -p as • r-t ^< Mf- -1-3 ^UO o 'Tl OJ-t^ -P ^< cS s- tt .-^^ .^<5i 40 Municipal Elections in Ireland. Every other Borough not included in the preceding classes.] IV. — The rule ((>0. B.A.) provides that the list of voters is to be made out in accordance with the 27th section of the Local Government (Ireland) Act, 1871 — in every other borough not dealt with, in the preceding portion of the clause. The only boroughs not included in the preceding portion of the clause are those under 9 Geo. IV., c. 82. But elec- tions in these boroughs are only held every three years; and the 27th section of the Local Government (Ireland) Act, 1871, refers to an annual election, and an annual preparation of the list of voters ; having regard, however, to the language used in the Act — viz., that the list is to be made out " in like manner in every respect as if the provisions of the said section were ap^ylicuhie to and in force in such municipal borough " (B.A. r. 60), it is sub- mitted that the intention of the Legislature will be best fulfilled by the adopting (in boroughs under 9 Geo. IV., c. 82), the provisions of the 27th section. Local Government (Ireland) Act, 1871, in regard to the preparation of the voters' lists, reading the word " annual " " triennial " in the said section. It is generally (but it is submitted erroneously) held, that the 27th section of the Local Government (Ireland) Act, 1871, does not api)ly to elections in these towns, and that the voters' list should be prepared under the provisions laid down in 9 Geo. IV., c. 82. Under sec. 21 (9 Geo. IV., c. 82), the Commissioners are "to cause to be kept, and from time to time, with all diligence and care, and upon all reasonable requests at all times, to revise and amend a register of all the householders resident within such city, town, .... and occupying houses of the annual value of £5 or upwards ; and such registry shall dis- tinguish such of the said householders as shall occupy houses Register of Voters. 4 1 of the amiual value of £20 or upwards ; their description or abode." As by the operation of the Town Councils and Local Boards Act, 1880 (43 Vic, c. 17) — any person qualified to vote is qualified to be elected a commissioner,* and therefore it is not now necessary in making out the list to distinguish the householders valued at £20 and upwards. The register shall be conclusive evidence of qualification. (9 Geo. IV., c. 82, s. 16). The election is held triennially on the first Monday in July. The notice of it must specify the places for polling, and must be affixed (1) on the principal outer door of every parish church (if an}^) within the borough ; (2) on the prin- cipal market house, or place where markets are usually holden there ; (3) on the guild hall or town hall ; (4) on the door of the quarter session house for the borough or for the division of the county in which the town or any part of it is situate ; (5) it ought to be advertised three times in one of the newspapers of the town, or the one published nearest thereto. — (ss. 4, 16, id.) Notice must be given at least ten days and not more than twenty-one days, before the day of election. — (ic?.). The Municipal Reform Act of 1840 preserved the vested rights of freemen to vote in boroughs under 9 Geo, IV., e. 82, named in schedules B. & I. Sec. 7 (8 & 4 Vic, c 108) enacts: "That in every borough named in either of the said schedules (B. & T.) to which no charter of incorporation shall have been granted by virtue of this Act, the Lord Lieutenant of Ireland shall appoint from time to time a fit person to make out a list, to be called the 'freeman's roll,' of such borouuh, and to act in respect thereto, as hereinafter mentioned." — (See also sees. 8 & 9). * The converse of this does not alwaj-s hold fcond, as for example, in the Bray TuWHshi]), Co. Dublin, a person may be qualified to be a Commissioner, but ye't not qualified to vote. 42 Municipal Elections in Ireland. CHAPTER II. The Qualifications of Votees. Tlie (jUciliticatioiis necessary to entitle persons to vcjte at municipal elections* in Ireland depend upon the pro- visions of" the particular Acts in force in the different towns or townships or boroughs, and vary considerably. They may be considered under four heads, viz. : — I. In towns or boroughs under Geo. IV, c. 82, and 6 & 7 Vic, c. 93. II. In boroughs under the Municipal Reform Act, 1840 (3 & 4 Vict., c. 108), Schedule A., and 6 & 7 Vic, c. 93 (where the provisions of these Acts in regard to the qualifications of voters have not been subsequently altered by special Local Acts), or in boroughs having municipal commissioners.f III. In towns under the Towns Improvement (Ireland) Act, 1854 (17 & 18 Vic, c. 103). IV. In townships formed under s[)ecial Local Acts. dualification of voters in towns or boroughs under 9 Geo. IV., c. 82.] The qualification of voters in towns or boroughs under 9 Geo. IV., c 82, is settled by sections 16 & 21 of that Act, and by the 1 5th section of G .Si 7 Vic, c. 93. Sec 21 makes residence within the \so\\n or borough a necessary qualification — hence the word " occupy " in sec. * The Ballot Act, 1872 (35 & 36 Vic, c. 33), s. 29 (c)— defines muni- cipal L-lcction as regards Ireland to mean " An election of any person to serve the ollice of alderman, councillor, commissioner, municipal commissioner, township commissioner, or assessor of any nuiniiipal bonuigli." Ap. xl. f There is only one borougii under municipal commissioners, viz., Carrick- ferfjux, in which the iiualitication of voteri is the same as that in the boroughs under Schedule A, 3 & 4 Vic, c 108. TJie Qualifications of Voters. 43 16 must be taken to mean inhabitancy occupation* — the qualificatioDS of voters being as follows : — (1 ) The person (male) must have inhabited a dwelling- house (2) for twelve months previous to date of the election at which he votes; (3) such dwelling-house to be situated within the borough or its suburbs or liberties, as defined by the commissioners; (4) such dwelling-house must be of the net annual value of £5 at least, according to the poor law valuation. The payment of poor rate t only applied to the first election. Persons must reside in a dwelling-house of the value of £5 at least according to the poor law valuation. Separate houses or premises occupied by the same person, each under the required valuation (say one at £1, another at £2, another at £4), would not give the necessary qualification for voting, as, of course, a person could not inhabit more than one house at the same time. Nine towns under 9 Geo. IV., c. 82.] The Act of 9 Geo. IV., c. 82, cannot now be adopted.-— (17 (Sz; 18 Vic, c. 103, s. 19), Ap. xxii. There are only nine towns in which this Act is now in force — viz., Armagh, Baiulon, Doivnpatrick, Dungannon, Fethard, Monaghan, Omagh, Wickloiv, YoughaZ. Jointly rated Householders.] Jointly rated householders do not seem qualified to vote — the Act is silent on the point. In boroughs under the Municipal Keform Act, 1840 (3 & 4 Vict., c. 108), and in towns under the Towns Improvement (Ireland) Act, 1854 (17 & 18 Vict., c. 103), "jointly rated occupiers " are quali- fied to vote, but express provision is made giving them * Continual unbroken residence not necessary to make a person an "inhabitant." —Eaig, p. 27. See also Herj. v. Mayor oj Exeter, 1860, L. R.. 4 Q. B. 110. t 6 & 7 Vic, c. 93, s. 12, abolishes vestry rate. 44 Lhinicipal Elections in Ireland. tlio light of voting.— (See 3 & 4 Vic, e. 108, s. 34 ; 17 & 18 Vic, c 103, s. 22, and i^ost, p. 71). Haig (p. 29) however says : " The joint owners of a house occupied l»y them as partners in trade, are eacli a 'householder' in rcsjject of the premises so occujued : licij. V. Hall 1 B. & C, 123; Raj. v. Poynder, 1 B. & C, 178." Minors; unpardoned felons; and aliens, who have not become naturalized, are inherently disqualified. Women are not qualified to vote, no matter how highly rated they may be. Any previously existing rights of freemen to vote in boroughs under 9 Geo. IV., c 82, are preserved. (See ante, p. 41). CHAPTER III. QUALIFICxVXrONS OF VOTEllS IN BOROUGHS, UNDER 3 & 4 Vic, cap. 108, and G & 7 Vic, cap. 93, wiiiiRE not ALTERED BY MORE RECENT ENACTMENTS. II. — In those boroughs named in schedule A* of the Municipal Reform Act, (3 & 4 Vic, cap. 108), and in Car- rickfergus, the voter's qualification (where not altered by subsequent legislation)! is determined by 3 tfe 4 Vic, cap. 108, and 6 tSs 7 Vic, cap. 93 (which Acts are to be con- strued together), and is as follows : — Voter's qualification.] Every male inhabitant liouseholdcr of full age who has for six months previous to the 31st day of August resided * Viz., Belfast Cloiimel, Cork, DrogheJa, Dublin, Kilkeiiuy, Limerick, London- derrj', Sligo, W.nterford. t Voters' qualification has lioen altered in Dublin \4!), 12 &, 13 Vic, c. 8o, and in BelfuHt by the Municipal Corporation of Belfast Act, 1^87 (TilJ & 51 ^'ic., c. cxviii., local and personal), by sec. 10 ofwhicli lat;er Act the muuicipal franchise wus extended to women. Qualifications of Voters in Boroughs. 45 within the borough or within seven statute miles of it,* and who has occupied either as owner or tenant any house, warehouse, counting-liouse, or shop within the borough which, either separately or jointly with any land within such borough, is of the clear yearly value of not less than £1.0, to be ascertained and determined in the manner following and not otherwise, that is to say, such value shall be a sum composed of the net annual value at which the premises so occupied by such man shall be rated (as they are hereby required to be) to the relief of the poor under the Act for the more effectual Relief of the Destitute Poor in Ireland,t and of the amount of the sums at which the landlord's repairs and the landlord's insurance shall be estimated and stated in any rate to be made in pursuance of the said Act. | Provided that he has been in occupation of such premises or other premises of the like nature, within the borough, * This is modified by the Municipal Voters' Relief Act, 1885 (48 Vic, c. 0), which enacts, in sec. 2, that " a man shall not be disqualified from being enrolled or voting as a burgess at any municipal el='ction in a borough in respect of the occupation of any house, by reason only that during a part of the qualifying- period, not exceeding four months in the whole, he has, by Llting or otherwise, permitted such house to be occupied as a furnished dv\el ling-house by sonic other person, and during such occupation by another person has not resided in or within seven miles of the borough." f This referred to sees. 64 and 65 of 1 & 2 Vic, c. 56 (An Act for the more effectual Relief of the Destitute Poor in Ireland, 1838), sub^equently repealed. J The valuations are now prepared under the direction of the Commissioner of Valuation, in pursuance of the Valuation Acts, 15 & 16 Vic, c. (j3, &c.; but 6&7Vic.,c. 92 (An Act for the further Amendment of an Act for the more effectual Relief of the Destitute Poor in Ireland, 1843), s. 10, enacts tiiat the Poor Law Rate books shall in regard to rateable hereditaments in boroughs under 3 & 4 Vic, c 108, contain, in addition to the estimated net annual value of such hereditaments, an estimate of the probable annual average cost of the land- lord's repairs and landlord's insurance. 15 & 16 Vic, c. 63 (An Act to amend the Laws relating to the Valuation of Rateable Property in Ireland, 1852), repealed the Act 9 & 10 Vic, c 110, which in section 12 contained a similar provision, but left the section in 6 & 7 Vic, c. 92, undistvirbed. It was held in the case of Plilbbs v. Kearns (18G0), Ir. R. 11, C.L. 291, that : — A person claiming to be enrolled as a burgess cannot add to the net annual value at which the premises occupied by him are rated a sum for landlord's repairs and insurance, so as to make up the amount of qualification required by 3 & 4 Vic, cap. 108, sec. 30, unless such sum be stated in the rate ; and, therefore, a custom in a borough of allowing a fixed sum for landlord's repairs and insurance, the same not being stated in the rate, is bad. 46 Mimicipal Elections in Ireland. for the space of twelve months next precdling the 31st day of August,* and has been rated for the relief of poor in respect of such premises, anl' wliich he claims to be rated.* Form of Application. To the Board of Guardians of the Union. I. occvij)ier of situate at in the Union, hereby claim to be rated in respect of said premises, and to have my name inserted in the last made rate, pursuant to the Statutes in that case made and provided. Dated this day of 18 , ] Name. ) Resio idence. Occupation.] They must have been in occupation for three months from the 15th April to 15th July. Occupation does not imply residence, and a man may occupy a house, oa- premises, or land, with some of his property (see ante, p. 47), nor will * 13 & 14 Vic,, c. G9, 8. 110, enacts "that it shall be lawful for any person who shall occupy any lands, tenements, or hereditaments rated under the Acts for the more effectual relief of the destitute poor in Ireland at a net annual value .... of eight pounds or upwards in any city, town, or borou;;h in Ireland, in which there shall be a rate for the relief of the destitute jioor, and whose name shall have been omitteil from such rate, to ])resent to the guardians of the union a claim to be rated in respect of such premises, and such claim shall be in writing, and signed with his name ; and upon such occupier so claiming and actually paying or tendering the full amount of tiie rate or rates (if any) then due in respect of such premises, the guardians of the union shall insert the name of such occupier in such rate in respect of such premises aforesaid; and in case such guardiani shall neglect or refuse so to do, such occupier shall for the purpose of this Act be deemed to hare been rated in respect of such premises in the rate in respect of which he shall have claimed to be rated as aforesaid." Qiialifications of Voters in Townships. 6 1 letting his house furnished disqualify him,* hence the Voters Relief Act, 1885 (48 Vict., c. 9), has no practical effect in the Blackrock Township. The rate collector oui^ht to be the best informed person, and is, in fact, the recognised authority with regard to the occupation of lands or premises in the township, and he should furnish to the town clerk, say on or before 2oth of August, a certitied list of all persons who were not in occupation of the qualifying lands or premises during the required period, A person must occupy and be rated for premises or lands. of the value of .£8 or upwards, according to the last poor law valuation ; but separate houses, or premises, or lands within the township, occupied by the same person, each under the required valuation (but being of the valuation of £4) or upwards, say one at £5, another at £4, the aggregate valuation of which amounts to £8 or upwards) will give him the necessary rating qualification. (See footnote ante, p. 49). Weekly or Monthly Tenants.] A weekly or monthly tenant occupying a house valued at £8, or upwards, is not qualified to vote in respect of same. (See ante, p. 53). Receipt of Parochial Relief.] Being the recipient of parochial relief does not disqualify a person from voting. Bankruptcy.] Bankruptcy does not disqualify a voter. If voter qualified for two wards.] If a person is qualified to vote in two wards, his name is to be placed on the list of voters for both wards ; but lie • A person who lets his furnished house for more than a year ceases to be an " occupier," and a person in occupation of a furnished house for more than a year becomes the "occupier." — Towns Improvement (Ireland) Act, 1854 (17 & !« Vic, c. 103), 8 1, Ap. XX. 62 Municipal Elections in Ireland. can only vote in one ward, and the ward in which he first votes will be held to be the ward in which he has elected to vote in. (See post, p. 140). Payment of Rates.] He must have paid all rates under this Act, payable by liim within the township, except those which are assessed within three months before the day for the election. Of Poor Rates.] There is some doubt as to the payment of poor rates being a necessary qualification. The 26th sec. of the Local Government (Ireland) Act, 1871 (34 & 35 Vict., c. 109), is brought into force in the Blackrock Township by the Public Health (Ireland) Act, 1878 (41 & 42 Vict., c. 52, s. 294, Schedule A).* This section repeals so much of the 22nd section of the Towns Improvement (Ireland) Act, 1854, as made the payment of poor rates and grand jury rates by any person necessary for qualifying such person to vote at the election of commissioners. However the portion of the 22nd section of the Towns Improvement (Ireland) Act, as to the qualifications of electors for the election of commissioners, was not incor- I)orated by the Blackrock Township Act, 1863 (see sect. 4 of that Act). There being some doubt on the point, the payment of poor rates should not be insisted upon as an indispensable condition — as where reasonable doubt exists on a matter of this kind — the benefit of the doubt should be given for, not against, the right of exercising the franchise. Township Rates.] There would seem, however, to be no doubt as to the })ayment of township rates being a necessary ([uaiification • The repoal, by the Public Health (Irelniul) Art, 1878 (-11 & 42 Vic, c. 52), Schediili: A of section 3 of the l.ocal GoveriiiiiL-ut (IrclandJ Act, 1871 (34 & 3.5 Vic, c 109), which contains the definition of " Principal Act," lias no practical effect. Qualifications of Voters in TozvnsJiips. 63 — but coLsiderable difficulty arises as to ^vlien these rates must be paid — the section here does not fix any date but enacts " before voting," but these words must of course be interpreted having regard to, and so as to be consistent with the provisions of the Local Government (Ireland) Act, 1871, sect. 27, as to the preparation of the lists and the provisions of the Ballot Act, 1872, relative to the taking of the poll. It has been suggested that in the case of a man other- wise qualified who has not paid the township rate — made and assessed more than three months before the election — there should be put after his name on the voters' list some- thing to show that he is not entitled to vote, unless before voting he has complied with the proviso, which might be somewhat in this form, viz. : — an asterisk placed after his name with a note as follows : — A.B.» * " Provided that before voting he shall have paid the portion of the Blackrock Township rate made and assessed on the day of , 1 8 — , under the Blackrock Township Act, 1 8G3, payable by him, which was due and unpaid at the time of making out this list." And it is contended that if such an elector pays, before he presents himself to vote, the rate due, he should be allowed to vote, — and that the collector should make out a list for each ward (certified by him) of the persons who have so paid, up to the morning of the day of election, and that such certified list ought to be taken as sufficient evidence (under section 22 of the Towns Improvement (Ireland) Act, 1854)* of a person's having complied with the proviso ; and that as others may, during the voting, and since the collector made out the list, have paid the rate, they should on the production of the collector's receipt be allowed to vote, or if necessary the presiding officer might send for the collector and ascertain the fact. * A p. xxii. 64 Municipal Elections in Ireland. It is submitted, liowever, that this mode of solving the difficulty might involve the presiding officers in serious trouble. A presiding officer, if required by the agent acting on behalf of any candidate, is to i)ut to the elector at the time he tenders his vote, before handing him the ballot paper, but not afterwards, either or both of the followino^ questions, that is to say ; — * (1). Are you the same person whose name appears as A.B. on the register of voters now in force for the city (or town or borough, as the case may he) of ? (2). Have you already voted either here or elsewhere at this election for the city (or town or borough, as the case may he) of ? He is not to put, or permit to be put, to. any elector any other question whatsoever. (See })ost, p. 135). Hence, if A.B.'s name were on the list, with the proviso suggested as to his rates being paid before voting, he might demand his ballot paper, and the presiding officer would have no right to put any question to him as to whether he had, since the preparation of the list, paid his rates, or to require him to produce a receipt for the payment of same ; and if he answered the two required questions and took the required oath an action would lie against the presiding officer if he refused to give him a ballot ])aper. In an English election case it was held that the returning officer in refusing to admit the vote of a person wdiose name was on the register, and who had answered the questions, had mistaken his duty, and might have subjected himself to a criminal prosecution for the breach of a public duty. {Pryce v. Belcher, 1847, 4 C.B., 8(36.) • The provisions of the Ballot Act in regard to all th«t rulalos to taking the poll iipjilv to Municipal as well as Parliamentary elections (B. A., 8. 20). Aj). xxxvii.-viii. Qualifications of Voters in Townships. 65 The Ballot Act, by Schedule VI., incorporates amongst other sections (in relation to the mode of taking the p(jll) section 89 of 13 & 14 Vic, c. G9. This section enacts that it shall not be lawful to require any voter at any election for members of Parliament "to take note or afhrmation either in proof of his freehold, occupation, or of his residence, age, or other qualification or right to vote, or of his qualification continuing, or of /i w not owing any cesses, rates, or taxes whatsoever, any law or statute, local or general, to the contrary notwithstanding," &c. — (Ap. xi.) And the Ballot Act (Schedule VI.) repeals the 27th section of the Commissioners Clauses Act, 18 17 (10 Vic, c. IG), which gave the presiding officer power to summon and interrogate rate collectors, and to enquire into the qualification of voters on the day of the election, and although it does not expressly repeal sect. 22 of the Towns Improvement (Ireland) Act, 1854 — which gave a similar power to the presiding officers — yet sect. 32 (B. A.) enacts that "all other enactments in- consistent with this [the Ballot] Act are hereby repealed." — Ap, xli. That this section is inconsistent with the Ballot Act is obvious, as it is clearly the intention of the Ballot Act that no evidence is to be gone into at the taking of the poll (going into evidence would cause controversy* and seriously delay the poll), and that any question as to the qualifications of voters must be settled at the time the list is made out, the list being conclusive according to L.G. (I.) Act, 1871 (34 & 35 Vic, c 109), s. 27, Ap. xxx.-i., and to C.P. (M.E.) Act, 1872 (35 & 36 Vic, c 60), s. 10.— Ap. Ixii. It is submitted, therefore, that as the provisions of the previous Acts can only be put in force as far as they are * By 1 Geo. IV., c. 11, s. 16, and 4 Geo. IV., c. 55, s. 58, it was enacled th:it no person shall speak, or barrister plead, during the time of pollluy. E / O Muniapal Elections in Ireland. Aleara says (p. 68) : — " 'J'he (objection on tlic ground of alienage, is difficult to sustain; it would appear, from later authorities to be incunibcnt upon the objector to prove not merely that the persons was born ' liors ' the allegiance, but that the incapacity has not been removed.' Bedford, P. & K. 147. C. & R. 98. Godfrey Levi's Case— " The evidence produced to prove the alienage w;ts that of a brother of the voter and of another witness who had known him as an iuAmt in Germany and afterwards in England. It was contended in favour of the vote, that there was no proof that one of the parents of the voter was not an English subject (h). Vote good. " Reading, F. & F. 553, Pierre Chaville De Barthcs was objected to, being an alien. Pierre Barthes, brotlier of the voter, proved that he was a native oi Bourdeaux, and ten years older than the voter. That the voter was born at Bourdeaux whilst he was living in his father's family. That the voter came to England in 182G, and had not to the knowledge of the witness been naturalised or received letters of denization. Vote good." Vide Levi's Case, ih. 437. In regard to this (the Reading Case), which was heard before a Parliamentary Committee, Cunningham (p. 300) says : — " It was held that the onus lies on the person im- pugning the vote of such person of proving as a fact that he was not naturalised or become a denizen. But this decision seems contrary to the first principles of evidence." Felons.] A person convicted of* treason or felony is disqualified to vote at municipal elections until he shall have suffered the punishment to which he had been sentenced, or shall have been pardoned. — (33 & 34 Vic, c. 23, s. 2). Qualifications of Voters in Townships. ft Joint Occupiers not entitled to vote.] Joint occupiers are not entitled to vote, no matter what may be the valuation o£ the land, &c., jointly occupied by them. 3 The 22nd section of the Towns Improvement (Ireland) Act, 1854 (17 & 18 Vic, c. 103), contains provisions for joint occupiers voting, and consequently in boroughs and towns under this Act (where the qualifications of electors have not been altered by subsequent legislation) joint occupiers are entitled to vote. But the 22nd section (17 & 18 Vic, c 103), as regards the qualification of electors, is not incorporated by the Blackrock Township Act,1863,and different qualifications, as we have seen, are laid down in the 21st section of this (latter) Act for voters in Blackrock. This section makes no provision for joint occupiers voting, and hence they are not entitled to vote. This is shown by an analogous case in regard to the Parliamentary franchise of joint occupiers in counties and boroughs. Under sections 1 and 5, which (like the 21st sec- tion of the Blackrock Act) do not contain any provision for joint occupiers in counties voting, joint occupiers in counties were not entitled to vote. Under section 6, which contained a provision for joint occupiers voting in boroughs (like sect. 22 of Towns Improvement (Ireland) Act, 1854), joint occupiers in boroughs were entitled to vote. Joint occupiers in counties continued disqualified till the passing of 31 & 32 Vic, c. 49, which by sect. 6 gives joint occupiers the right to vote. Police.] Members of the Dublin Metropolitan Police force, or the Royal Irish Constabulary, are not debarred by statute from voting at municipal elections. 68 MiiJiicipal Elections in Ireland. A natural born subject is a person born within the dominions of the crown of England. " An alien, is a person born out of the dominions of the crown of Encjland ; out of the allemance of the kin & 36, Vie, c. 00, s. 8,) Ap. Ixi. At Nominations.] The Municipal Elections Act, 1875 (38 & 39 Vie., c. 40), s. 3, authorises the attendance of an agent on behalf of each candidate at the nomination of candidates. — Ap. Ixxii. Absence of Agents.] The non-attendance of agents will not invalidate any act or thing done (B. A., r. 55),— A. xlviii. It has been observed that the agent's duty is to watch the interest of the candidate at the poll, not to afford him information. If Agent dies.] If a personation or counting agent dies, or becomes incap- able of acting during the time of election, the candidate may ajipoint another agent in his place, but must forthwith give to the returning officer notice in writing of the name and address of tlie agent so appointed. — (B. A., r. 53), Ap xlviii. " Returning and Presiding Officers. 87 CHAPTER IX. Retuhxing and Peesiding Officers. Definition of term "Returning Officer."] The Ballot Act (1872), 35 & 36 Vic, c. 33, Part II., sec. 20, sub-sec. 1, enacts that : — " Tlie term ' returning officer ' shall mean the mayor or other officer who, under the law relatmg to municipal elections, presides at such elections " (Ap. xxxviu.) And by sec. 23. sub-sec. 1 (in the apj^lication of this part of the Act to Ireland), the term 'mayor' is made to include the ' chairman of commissioners,' ' chairman of municipal commissioners,' 'chairman of town commissioners,' and 'chairman of township commissioners.'*— A pp. xxxviii. Provision made in event of Mayor being unable to act.] In municipal boroughs in which the Municipal Reform Act, ] 840 is in force, provision is made for the appointment of a returning officer in the event of the mayor being unable to act. If the mayor be dead, absent, or otherwise incapable of acting! at an election, the council shall forthwith choose an alderman to execute the powers and duties of the mayor. (3 & 4 Vic, c 108, s. 71). * Towns having commissioners appointed by virtue of an Act made in tlie ninth year of the reign of George the Fourth, iutituled " An Act to make provi- sion for tlie Lighting, Cleansing, and Watching of Cities and Towns Corporate, and Market Towns in Ireland in certain cases," are styled " commissioners." Towns having municipal commissioners under 3 & 4 Vic, c. lOS — "the municipal commissioners, " Towns having town commissioners under the Towns Improvement (Ireland) Act, 1854 (17 & 18 Vic. ,c. 103), or under any Local Act, "the town com- missioners. " Townships having commissioners under local Acts, " township commis- sioners." (34 & 35 Vic, c. 109, sched.) — Ap. xxxi. + " Incapable of acting " does not refer merely to physical incapacity, but to Jegal dis(jualitication.--/'a?m^«K v. Kernan, 1831, 8 Ir. Law liep. 44. 88 Miinicipal Elections in Ireland. But in towns or boroughs not under the Municipal Reform Act, 1840, no provision is made in the event of the chairman being unable to act; however, no difliculty can arise in those municipalities in which provision is made for the appointment of a vice and deputy vice-chairman, as in the absence of the chairman the vice-chairman becomes de, facto the chairman, and is invested with all his powers. If, therefore, from absence, illness, death, or other causes, the chairman be unable to act, then the vice-chairman becomes the returning officer. And in the event of the vice-chairman being also unable to act, then the deputj'' vice- chairman becomes the returning officer. If neither the chairman, vice-chairman, or deputy vice- chairman can act, then the municipal council or board of commissioners must elect a i-e turning officer. In the event of the chairman being unable to act in places where no provision exists for the appointment of a vice-chairman, the council must appoint a substitute. Indeed, as a matter of precaution, the council should, some time before the election, appoint one of its members to act in the event of the chairman becoming incapable of acting. Cannot appoint a Deputy to act for him.] Tlie returning officer cannot appoint a deputy to act for him, because he cannot delegate his judicial functions to any one else — "delegatus non ^wtest delegare ■" but he can employ others to carry out his ministerial duties. Want of Title.] Any informality in the appointment of, or any want of title in the person acting as the returning officer, will not vitiate an election othcrAvise valid. — See 3 & 4 Vic, c. 108, s. 89 ; Commissioners Clauses Act, 1847 (10 Vic, c. 16,) s. 34. Returning and Presiding Officers. 89 If a Candidate, disqualified.] If the mayor or chairman be a candidate for election, he is incapacitated from acting as returning officer ; if he acts, his doing so will render void his own election, but will not otherwise affect the validity of the election. At an election for an alderman for a ward in the city of Dublin the outgoing alderman, who was a candidate for re-election, presided and acted as returning officer. His election was held void on the ground that, being interested in the result of the election as a candidate, he was in- capacitated from presiding. — Fanagan v. Kernan (1881), 8 Ir. L. R. 44. In this case of Fanagan v. Kernan Judge Lawson re- marked : — " There is no more sacred maxim of our law than that no man shall be a judge in his own cause, and sr.cli foi'ce has tliat maxim that intei*est constitutes a legal incapacity to a person beinof a judge in every case. In a remarkable case in the House of Lords, Dimes v. the Proprietors of the Grand Junction Canal (3 H. L. C. A. 759) Lord Cottenham happened to be a trustee for a shareholder in a canal compauy, with respect to which he affirmed a certain decree pronounced by the Vice-Chancellor. It afterwards went to the House of Lords, and on the ground that the judge was a tiustee of shares iu the company his decree was set aside. That constitutional judge, Lord Campbell, makes observations which are well worthy of our consideration. He says (at p. 793) : ' It is of the last importance that the maxim that no man is to be a judge in his own cause should be held sacred, And that is not to be confined to a cause in which he is a party, but applies to a cause in which he has an interest.' " In the Tralee municipal election case 1890 (28 Ir. L. R. 10), a candidate, who was seeking re-election, presided and acted as returning officer, and gave his casting vote between two, who had an equal number of votes, for the last place. He was himself elected as third on the list of successful candidates, and declared himself duly elected. Held, — (upon petition, by the candidate who had been voted against by the returning officer) — that the acting 90 Municipal Elections in Ireland. presiding officer was disqualified by his personal interest as a candidate,* and that his election was void,"f" but that the election of the remaining: commissioners was valid, beinij unaffected by the want of title in the returning officer. The retui'ning officer was made liable in this case for the costs. See also Recj. v. Teiukeshury 1868 (L. R 3 Q. B. (120). It should be borne in mind that under no circumstances can the returning officer return himself. It was even held in the Wakefield Parliamentary election case, 1842, that the rctui'n of a candidate who ^^'as returning officer, and then resigned, was invalid. " The candidate who was returned was the returning officer, but had resigned, and another person was nominated in liis stead. The committee, however, held that he continued to be tlie returning officer notwithstanding the resignation, and was, con- sequently, ineligible ; and further, tliat the vote of a j^ei'son to whom a notice of the disqualification had been given before his voting was thrown away. — B.cb A., 270." To Prosecute Personators ] It is the duty of the returning officer to institute a prosecution against any person whom he believes has been guilty of personation. — (B. A., s. 24). Liability of Returning Officer.] Returning or presiding officers are liable for any breach of their ministerial duties (see ijost, p. 180), but (if not influenced by fraud or malice) are not liable for uny mistake in regard to their judicial duties (see^osi, p. 104). " If a Returning Officer be not influenced by frand or malice, but act in the conscientious discharge of his duty, no action can be maintained against him." — Drewe v. Collins (2 Luder's Elec- tion Reports, 245)," quoted by \Vard,| p. 9. • The court ordered a new election to be held to fdl his place. f AN'ard's Practice o/ Parliamentari/ Electimis. % In a borough or lowns^hip -where there are more wards than one, the maj'or or chairman may, of course, act as presiding ollicer in a ward for which he is not a cfindidate, if appointed by the returning oflicer. Returning and Presiding Officers. 91 Presiding cers.*] The section 22 of the Commissioners Clauses Act, 18 1-? (10 Vic. c. Ifi), (which is incorporated by section 24 of the Towns Improvement (Ireknd) Act, 1854 16 & 17 Vic. c. 103) enacts : — " Where the appointment of the returning officer to act at the election of commissioners is not provided for by the special Act, the chairman of the commissioners shall be the returning officer; and if the commissioners are to be elected for wards, the said chairman shall act as the presiding officer at the election for the ward for which he was elected a commissioner, and he shall appoint some other commissioner for each of the other wards to be presiding officer at the election for such ward ; and in case of the death of any such presiding officer, or of his declining or becoming incapable to act, the commissioners shall appoint another of their body to be the presiding officer in the place of the person so dying or declining or becoming incapable to act, and the clerk to the commissionei-s shall, two clear days at least before each election, by advertisement, placard, or otherwise, give public notice of every such appointment." + — Ap. vi. The duties (involving serious responsibilities) thrown on the returning officer by the Ballot Act 1872 are generally quite sufficient to fully occupy his time and attention, and render it extremely inadvisable that he should undertake, in addition to his own particular duties, those of a presiding officer. Returning Cfficer may act as Presiding OiRcer /or any Ward.] The Ballot Act 1872, Schedule 1, Kule 47 enacts :— " That he may, if he think fit, preside at aiiy polling station'' Thus the obligation which was thrown upon him by the section quoted above of presiding at the ward for which he was elected a commissioner is removed. * See Instructions to Presiding Officers, 2^osi, p. 151. t It is to be observed that although Schedule VI. of Ballot Act repeals sections 23, 2G, 27, and part of section 28 of the Commissioners Clauses Act of 1847, it does not repeal this section, which must, however, be interpreted so as to be consistent with the enactments in the llallot Act. "All other enactments inconsistent with the Act are hereby repealed."- -(B. A., s. 32.) 92 Municipal Electiojis i?i Ireland. Presiding Officers appointed by the Returning Officer] Rule 21* (B. A.), gives him authority to appoint a presiding officer to preside at each station, and would seem to leave these appointments entirely in his hands, so that in the event of the death of a presiding officer, or of his declining or becoming incapable to act, it would be the duty of the returning officer, not that of the commissioners, to make a fresh appointment. Indeed, in many cases it would be quite impossible for the commissioners to make a fresh appointment, because a presiding officer appointed by the returning officer might die or decline or become incapable of acting, say, for instance, on the day before the election, and there would not be sufficient time to summon a meeting of the commissioners to elect one of their members to fill his place, nor in a case of this nature could the commissioners or the returninor officer comply with the statute by giving the required two clear da^'s notice, before the day of election, of such appointment. Appointment of Presiding Officers must be made from amongst the Commissioners. The returning officer would seem, however, under the 22nd section of the Commissioners Clauses Act, 1847, to be confined in making his selection of presiding officers to " other commissioners." The statutes only contemplate the appointment of 07?e presiding officer for each ward. " He shall appoint some other commissioner for each of the wards;" 10 Vic, c. IG, s. 22 ; B. A. r. 21 ; 3 & 4 Vict. c. 108, s. 64. Several Presiding Officers for each Ward.] As Presiding officers, being aldermen or commissioners, are not entitled to receive any remuneration for their ser- vices,! it would be unreasonable to require them to sit * Ap. xlii. t llic services of the returning oUicer are also gratuitous. See 4 Geo. IV., c. 55, s. 73. Returning and Presiding Oncers. 93 continuously for twelve hours (from 8 a.m. to 8 p.m.), and there does not seem to be any reason why two or more pre- siding officers should not be appointed for each ward, who could relieve one another. In the case of parlia" mentary elections, as the payment of only one pre- siding officer is provided for, for each polling station, it is of course different. And although the presiding officers may do, by tlie clerks appointed to assist them, any act which they are required or authorised to do by the Ballot Act at their polling stations, except ordering the arrest, exclusion, or rejection from the polling station of any person (B. A., r. 50), yet they would not be justified in absenting themselves from the polling stations of which they have charge for any considerable time, and leaving the poll clerks to discharge their duties. Declaration of Secrecy.] The returning officer must make the declaration of secrecy — before the opening of the poll — before a justice of the peace ; the presiding officer before the returning officer or a justice of the peace (B.A., r. 54), Penalties for neglect of Duty.] Sec. 11 (B. A.) enacts that — " Every returning officer, presiding officer, and clerk who is guilty of any misfeasance or any wilful act or omission in con- travention 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 ;" (Ap. xxxv.) and brings into force the 13* section of the Representation of the People (Ireland) Act, 1868 (31 & 32 Vict., c. 49), which is as follows : — Shall not act as Agent for a Candidate.] " No returning officer for any county, city, town, or borougli, nor his deputy, nor any partner or clerk or either of them, * See E. A., sec. 17. Ap. xxxvii. 94 I\Innicipal Elections in Ireland. sliall act as agent for any candidate in the management or conduct of .bis election as a member to serve in Parliament* for such county, city, town or borough ; and if any returning officer, his deputy, the partner or cleric, or either of theui, shall so act, he shall be guilty of a misdemeanor." CHAPTER X. NOJIINATIONS. Uniformity of Nominations from 187;^ to 1879.] From the passing of the Ballot Act in 1872 to the passing of the Municipal Elections (Ireland) Act, 1879 (42 & 43 Vic, c. 53), nominations for municipal elections in Ire- land were, or at least, oughtl' to have been carried out in a uniform manner in accordance with sec. 23 (sab-sec 2) of the Ballot Act, 1872, which enacted that the provisions of the Municipal Elections Act of 1859 (22 Vic, c 35), in rela- tion thereto, shall apply to nominations in every "muuicii)al borough " in Ireland. Municipal Borough defined.] And in sec. 29 (B. A,) " municipal borough " is defined to mean any place for the time being sul)ject to the " Muni- cipal Corporation Acts" or any of them, and the expression "Municipal Corporation Acts" means, as regards Ireland, * This of cour.sc applies to municipal elections, being a provision in relation to a returning officer, consequently one which is " concerned with " the poll. f But considerable confusion existed, as it was tliought by some that the form of nomination paper.s whith the Ballot Act enact.s (.sched. II., .s. 1.) shall be used in parliamentary elections — was to be adopted in municipal elec- tions (and not the form in 2"2 Vic, c. 85, as directed by sec. 'J2, B. A.), owing to a note in the Schedule II. (B. A.) as follows: — " The fonn of nomination paper in a municipal election shall as nearly as circumstances admit be the same as in the case of a parliamcntarj^ election." It would seem, however, that the note was intended merely as a direction with regard to the mode of ])rinting the paper, and had no reference to the nomination pai>er being subscribed by eight assenting burgcs.ses (see Owen, p. 8G); and theca.se o! Xoithcole V. Pubjord. L. 15. 10 C. P. 484, where it was held that the rules regarding nominations in the Ballot Act do not apply to municipal elections. Further confu.-ion arose on the passing of the Municipal Elections Act, 1875 (38 & 39 Vict., c. 40), which, owing to the words " United Kingdom" being lused in it, was thought to be an Imperial one, and consequently to be in force in legard to Ireland. It was only on the passing of the Muuici()al Elections (Ireland) Act, 1879, that all doubt was removed. Nominations. 95 3 & 4 Vic, c. 108 ; 9 Geo. IV., c 82 ; Towns Improvement (Ireland) Act of 1854; and every local and personal Act pro- viding for the election of commissioners in any towns or places for purposes similar to the purposes of the said Acts. (Ap., xl.) And thus the provisions of the Municipal Elections Act of 1859 in regard to nominations were made to apply to all municipal elections in Ireland. Uniformity of Nominations destroyed by Municipal Elections (Ireland) Act, 1879.] But the Municipal Elections (Ireland) Act passed in 1879 (42 & 43 Vic, c. 53) made the provisions of the Municipal Elections Act, 1875 (38 & 39 Vic, c 40), with some slight modifications, apply to every municipal borough in which the Municipal Reform Act, 1840 (3 & 4 Vic, c 108) was then in force. Thus the uniformity in the mode of carrying out nominations for municipal elections in Ireland was destroyed, and they are now to be carried out in one way for a certain number of " boroughs," and in another way for all others, viz. : — I. In those municipal " boroughs " in Ireland in which the Municipal Reform Act, 1840 (3 & 4 Vic, c 108) is in force (and also in the township of Rath- mines and Rathgar)* nominations are to be carried out under the provisions of the Municipal Elections Act, 1875 (38 & 39 Vic, c 40).t II. In those municipal " boroughs," " towns," or " townships " in which the Municii^al Reform Act, 1840, is not in force, nominations are to be carried out according to the provisions of the Municipal Elections Act of 1859 (22 Vic, e. 59) with the exception of the township of Rathmines and Rathgar). * The Rathmines and Kathgar Improvement Act, 1885 (48 & 49 Vic, c. cli., local and personal), s. 18, incorporates some of the provisions of the Municipal Elections Act, 1^75, whic'i are thus brought into force in that township. t As interpreted and modified by the Municipal Elections (Ireland) x\.ct, 1879. 96 LItinicipal Elections in Ireland. Nominations in Boroughs under 3 & 4 Vic, c. 108.] Class 1. — lu those municipal boroughs in which the Muni- cipal Reform Act, 1840, is in force, the following course is to be adopted, viz. : — * Nine days at least before the election the town clerk is to publish a noticet as follows or to the like effect, by causing the same to be placed on the door of the town hall, and in some other conspicuous parts of the borough or ward fur which the election is to be held. — (38 & 39 Vic, c. 40, sched. 1, s. 1, sub-sees. 1, 2) Ap. Ixxi.-ii. Form of Notice of Election to be Published.] Notice. Boroiu'li of election of (|councillors, aldermeu, auditors,! or assessors, as the case may be) for the ward (or several wards) of the borough. Take Notice. 1. That an election of {here insert the number of councillors., aldermen, or assessors, as the case may be) for the ward (or several wards) of the said Borough will be held on the day of 2. Candidates must be nominated by writing, subscribed by two enrolled burger.ses as joroposer or seconder, and by eight other enrolled burgesses as assenting to the nomination. 3. Candidates must be duly qualified for the office to which they arc nominated, and the nomination paper must state the surname » Means nine clear days, exclusive of day upon wliich notice is published, and da}' of election, and of Sundays. --Ilowes v. Turner (1S7()), 45 L. J. N. S. C. P., .'i50. \ iMunicipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict., c. 70, s. 14) provides that any bill, placard, or poster having reference to a municipal election, shall bear upon the face of it the name and address of the printer and publislier thereof, under a penalty of flUO. This Act, however, does not aiiply to Ireland. JTlieterm councillor shall extend to and include an alderman.- (42 & 43 Vic, c. 53, sec. 2, sub-s. 2). § The Local Government (Ireland) Act, 1871 (34 & 35 Vic, c. 109, s. 11), abolishes the election of a?(rftrescribed form. ^ j See footnote, post, p. 111. Nominations. 99 The same Electors cannot subscribe more Nomi- nation Papers than there are vacancies.] If an elector subscribe nomination papers for more per- sons than he is entitled to, those nomination papers first subscribed and delivered, to the extent of the number of vacancies to be filled, will be valid ; and any subscribed and delivered subsequently, invalid, e. g. : — At a municipal elec- tion where there were four vacancies to be filled, a burgess subscribed four nomination papers, which were delivered in due time, and subsequently he subscribed a fifth nomina- tion paper, which was also delivered in due time. In each case he subscribed as one of the eight assenting burgesses required by the Act. It was held that the first four nomi- nation papers were valid and the fifth invalid. — (Burgoyne V. Collins, (1882), L. R, 8 Q. B. D., 450). It is a matter of some doubt whether in a case of this sort the nomination papers which are delivered first, or those which are sub- scribed first, are to be taken as the valid ones.* Nomination Paper must be delivered by the Can- didate himself or his Proposer or Seconder.] The nomination paper must be delivered to the town clerk by the candidate himself, or his proposer or seconder personally (38 & 39 Vic, c. 40, sec. 1, sub-s. 3, Ap. Ixxii.) It was held in the case of Monks v, Jackson, 1876, that the enactment with regard to the delivery of a nomination paper by the candidate, or his proposer or seconder, is not merely directory, but mandatory, and that consequently the delivery of a nomination paper by an agent would not be a compliance with the requirements of the statute. — (L.R., 1 C. P. J)., 683). Who may object.] Each candidate, and the person appointed by him, shall, during the time appointed for the attendance of the mayor • See Parker, p. 112. q2 lOO Municipal Elections in Ireland. for the i)uiposes of this section, have, respectively, power to ol)ject to the nomination paper t)f every person nominated at the same election.— (38 & 39 Vic, c. 40, s. 1, sub-s. 3). Decision of Returning Officer in regard to Nomi- nation Papers.] The decision of the returning officer (which is to be given in writing), if disallowing any objection to a nomination paper, is final; but, if allowing, the same is subject to reversal on petition, questioning the validity of the election. — (Sec. 1, sub-s. 3). It is clear, therefore, that if he improperly allows an objec- tion, his decision can be reversed, and the election declared invalid.— (5 iwZye v. Andreivs, 1878, L. R, 3 C. P. D., oil). His decision not always final, if he disallows an objection.] But even when he disallows an objection,his decision is only final, provided that the objection is one upon which he is en- titled to adjudicate : — for example, in the case of Hoives v. Turner, 1876, the mayor disallowed an objection in regard to a nomination paper which was delivered after the proper time for delivering same had expired, and the court held that his decision was not final, and was capable of being reversed (L. R., 1 C. P, D., 671) ; and in the case of Monks v. Jackson, 1876, it was held that the decision of the returning officer, disallowing an objection in regard to a nomination paper not having been delivered by the proper person was not final.— (35 L. T., N. S., C. P., 95.) When an assenting burgess has subscribed more nomin- ation papers than there are vacancies to be filled, the returning officer has no right to decide as to which of these nomination papers are valid, and which are not. — {Bur- goyne v. Collins, 1882, L.R, 8 Q.B.D., 450). Nominations. lOi Not entitled to decide objections in regard to qualifications of Candidate.] He is not entitled to decide any objections in regard to the qualifications of a candidate,* which can only be settled before an election tribunal. — (Howes v. Turner, 1876, L.R., 1 C.P.D., G70).— See Mayo case, 1874 (2 O. & H., 191); Tippemry case, 1875 (3 0. & H., 21). " He is not to hold a court of enquiry, but to compare the burgess roll and the nomination paper." — (Gothard v. Clarke, 1880, L.R., 5 C.P.D., 253).— See also Henry v. Armitage, 1883, L.R, 12 Q.B., 257. In regard to form of nomination paper, his decision disallowing an objection is final.] It has been pointed out that his decisions should be almost entirely confined to objections with regard to the nomination paper itself, or to the form of it, and it is only in regard to the disallowance of such objections that his decision is final. - (Howes v. Turner, 1876, L.R., 1 C.P.D.,680). He should decline to consider objections in regard to matters not within his jurisdiction.] He should decline to entertain objections on matters not within his jurisdiction, and neither formally allow or dis- allow them. Different effect of disallowing an objection and refusing to entertain it.] The returning officer's refusal to adjudicate upon any objection would have practically the same effect, as far as regarded the nomination of the candidates, as if he dis- allowed it; there would, however, be this difference — that an unsuccessful candidate, on whose behalf the objection was made, would be in a position to file a petition against the election, without being hampered with the apparently final decision of the returning officer. ♦ He ia not entitled to refuse to put in nomination a candidate Avho is notor- iously disqualified. In the Tlpperarij case it was held that Mr. Mitchell was rightly put in nomination, although declared disqualified by the Mouse of Commons. —3 0. & h:.,21. 102 Municipal Elections in Ireland. Signature of Nominators must precede that of Assentors.] The nomination paper must be filled up before being signed.— (ZTarmoTi v. Fark, 1881, L.R., 7 Q.B.D., 3G9). Those nominating the candidate must sign the nomination paper before it is signed by the assentors. In the case of Harmon v. Park, a nomination paper, which, after it had been delivered to the town clerk, was altered (in the absence and without the consent of the proposer, seconder, or assenting burgesses) by a duly em-olled burgess, who struck out the name of the proposer, thinking that he was not duly qualified, and substituted his own name, was held to be invalid. — (L.R, 7 Q.B.D., SG9). If nomination paper withdrawn to amend some unimportant particular.] It would seem, however, that if a nomination paper, after being duly handed in, is taken away for a short time for the purpose of altering it in some unim})ortant ])articular (for instance, for the purpose of having the name of "Fredk" changed into " Frederick"), and subsequently returned, even after the time for the delivery of the nomination papers had expired ; this will not necessarily invalidate the nomi- nation.— (//ou-es V. Turner, 1876, L. R., 1 C. P. D., 670). Town Clerk should not let any nomination papers when delivered to him out of his possession ] It is obvious, however, that once a nomination paper is delivered to the town clerk, he ought not to let it out of his possession ; and if a candidate discovers in time that the nomination paper that has been put in for him is faulty, he can remedy this by having a fresh one put in, as, if one nomination paper is bad, and the other good, the validity of the good one will not be affected by the fact of a bad one having been put in. — (See Northcote v. Fulaford, 1875, L. R. 10 C. P., 484). Nominations. 103 If there are diflferent nominations for the same person only one is to be published-] ■ If the same person is nominated by two different nomin- ation papers, the returning officer should be careful not to mistake them for distinct nominations for different persons, and publish them as such.* Duty of Returning Officer in regard to double nominations.] In the case Northcote v. Pulsford,l875 (L.R, 10 C. P., 484), the Court held that " it is obviously the duty of the re- turning officer to inquire whether nominations which might apply to one or to different persons, are of the same or of different persons." Town Clerk to supply nomination papers to en- rolled burgesses.] The town clerk is to supply any enrolled burgess with as many nomination papers as may be required. Endorsement on nomination paper by Town Clerk,] The town clerk, on receiving a nomination paper, should endorse upon it the date and hour upon which, and the name of the person by whom, it is delivered to him. Proceedings at Nominations.] The mayor is to attendf at the town hall on the day next after the last day for the delivery of nominations to the town clerk between the hours of two and four in the « See post, p. 182. f Parker, referring to the proceedings at nominations for Parliamentar}- election* ivsCn. 113^:— "' bound to take sufticieiitlv prompt and efficient measures for securing order and regularity.— (Coye7^^7, P. & K. 345, C. & R. 289.)" He would seem to have the same powers when sitting to adjudicate on nomination papers, at municipal elections. I04 Municipal Elections in Ireland. afternoon,* and is to decide on the validity of every objection — which is to be in writing — made to a nomination paper. No one unless the candidate nominated by each nomination paper, and one other person duly appointed by or on Ijchalf of the candidate is (except for the purpose of assisting the mayor), entitled to attend such proceedings. — 38 & 39 Vic, c. 40, s. 1, sub-s. 3). Ap. Ixii. Attendance of Agents at.] The appointment by or on behalf of candidates of persons to attend the proceedings is to be made in writing under the hand of the candidate; or, in case he is absent from the United Kingdom, then under the hand of his proposer or seconder, and is to be delivered to the town clerk before five o'clock in the afternoon of the last day on which nomination papers may by law be delivered (38 & 39 Vic, c 40, s. 1, sub-s, 3). Ap. Ixxii, Returning OfB.cer not liable for a decision gi-ven bona fidp.] It has been held that where a returning officer had hona, iide given a decision under 38 & 39 Vic., c. 40, s. 1, sub-s. 3, on the validity of an objection made to a nomination paper, a complaint of such decision as erroneous is not a complaint of the " conduct of such returning officer " within the meaning of 35 & 3G Vic, c (30, s. 13,t sub-s. 6.—{II(iTmon v. Park, 1880, L. R., 6 Q.B.D. 323). Conclusiveness of Burgess Roll.] The Municipal Elections Act, 1875, enacts that : — "A person shall not be entitled to sign or subscribe any nomi- nation paper, or to vote, ixnless his name is on the burgess roll for the time boing in force in the borough, or on the ward list for the time being iu force for the ward for which such election shall be held ; and every person whose name is on such burgess roll or ward list, as the case may be, shall be entitled to sign or subsciibe any nomination paper, and to demand and i-eceive a * It is obvious--tliat as he must hear objections up to four o'clock — he can give his decisions some time after that hour, especiallj- as they liave to be written. f Tlie section of the Corrupt Practices (Municipal Elections) Act, 1872, here referred to, does not apply to Ireland. Nominations. 105 ballot papei' and to vote ; provided tliat nothing in this section shall entitle any person to do any of the acts aforesaid who is prohibited from doing sncli acts, or any of them, by law, or relieve such person from any penalties to which he may be liable for doing any such act."— (38 & 39 Vic, c. 40, s. 5.) Those subscribing^ must be on the Ward List of the Ward for which they nominate the Candidate.] If the borough is divided into wards, the names of the })roposer, seconder, and assentors must be on the ward list of the ward for which they nominate a candidate. Nomination of a Candidate by disqualified per- sons.] Aliens, minors, or persons convicted of bribery may, if their names are in the burgess roll or ward act, subscribe a nomination paper, but their doing so will disqualify the candidate on petition. There does not seem to be any penalty attached to those who, being disqualified, subscribe nomination papers. All the names of the Candidates must be given.] The nomination paper is to state the surname* and other names of the person nominated, with his place of abode and description.- (38 & 39 Vic, c. 40, s. 1, s.-s. 2). In a nomination paper at an election for town councillors the name of a candidate, which was " Robert Vickers Mather," was inserted thus : — " Robert V.Mather"; and it was held not to be such a statement of the " surname and other names of the persons nominated " as to satisfy the require- ments of section 1 of the Act (38 & 39 Vic, c. 40), and the form given in the second schedule. — (Mather v. Brown, 1876, L. R., 1 C. P. D., 683). A recognised abbreviation of the Christian name of person nominated does not invalidate the nomination paper.] It was held that a nomination paper at the election of * In the case of compound surnames, the first part of such name should be printed first. In case the candidate is an Irish peer, or is commonly known by some title, he may be described by his title as if it was his guruame, aa in Parlia- mentary elections. — (See B.A. , Sched. II). Ap. lii. io6 Municipal Elections in Ireland. a town councillor, pursnanf, to this section, sufficiently states the Christian name " William " of the person nominated by "Wni."— (//evi?-?/ V. Armitage, 1883, L. R., 12 Q. B., 257). The court in this case considered that "Wm." was a ■way of writing "William," and therefore a statement of that name and no other name ; that every abbreviation of a Christian name would not do, but that this was an abbreviation which would be understood by every one, and about which no doubt could arise. A similar decision was given with case of Reg. v. Bradley, 18G1, 30 L. J., Q. B., 180. Signatures of the nominating and assenting bur- gesses sufficient.] It might be well, perhaps, if nominating and assenting burgesses would subscribe their names to the nomination papers in exactly the same way as their names appear on the burgess roll ; their not doing so, however, will not invalidate the nomination — their ordinary signatures, with the number on the burgess roll, being sufficient to identify them, and a returning officer would therefore be wrong in reject- ing a nomination paper on the ground that the signatures of the nominators and assentors on the nomination paper and their names on the burgess roll did not exactly corres- pond. See Boivden v. Besley, 1888, 4 T.L.R., 590 ; Gledhill v. Croivther, 1889, 60 L.T., N.S., C.P., 86G. Description cf property of those subscribing nomi- nation paper need not be identical with that given on the Burgess Roll.] And it is not necessary that the situation of the property which qualifies them should be described on the nomina- tion paper in the same manner as that in which it is stated on the burgess roll ; it is only necessary that it should be described sufficiently, so as to be readily recognised. — {Soper V. Basingstoke, 1877, L. R., 2 C. P., 444); Henry v. Armitage, 1883, L. R, 12 Q. B., 257). Nominations. 107 Numbers of Burgesses on Burgess Roll must be accurately given.] It has been held, however, that the number on the burgess roll of a burgess nominating a candidate at a municipal election must (in order to satisfy the require- ments of 38 (Sz; 39 Vic, c. 40, sect. 1, sub-s. 2, and schedule 1, form 2), be correctly stated in a nomination paper ; where a wrong number was inserted, the nomination paper was rejected by the returning officer, and his decision was upheld by the Court on a petition. — (Oothard v. Clarke, 1880, L. R, 5 C. P. D., 253). The reason that so much importance is attached to the numbers of the burgesses being accurately given is, that these numbers afford a ready means to persons interested of ascertaining, by reference to the register, if those sub- scribing a nomination paper are qualified. A separate nomination paper for each candidate.] The nomination of each candidate must be by a separate nomination paper, and if more than one candidate is nomi- nated by the same nomination paper all the nominations on Ruch paper will be invalid. Returning Officer bound to put in nomination candidate duly nominated.] If a candidate is duly nominated the returning officer is bound to put him in nomination. — (See Davies v. Lord Ken- sington, 1874, L. R, 9 C. P., 729 ; Mayo case, 1874, 2 0. & H. 191 ; ante, footnote, p. 100). Nomination of a person absent from the United Kingdom.] M.E.A., 1875 (38 & 39 Vic, c. 40), s. 2, enacts that : " The nomination of a person who is absent from the United Kinf^dom shall be void, unless his written consent, given within one month of the day of his nomination before two witnesses, be produced at the time of hia nomination." — Ap. lixiii. io8 Municipal Elections in Ireland. For a candidate to he duly nominated, his presence, or even his assent (if he is residing within the United Kingdom), is not necessary. In a Parliamentary election, anyone pro- posing a candidate without his consent would be held liable for the election expenses of that candidate ; but in a Muni- cipal election any voter or Inn-gess can propose another, provided the latter is at the time resident within the United Kingdom, without his assent, and incurs no penalty by doing so. Withdrawal of Candidates.] However, M.E.A., 1875 (38 & 39 Vic, c. 40), s. 7, enacts that : " Where more candidates are nominated at any municipal election than there are vacancies to be filled at such election, any of such candidates may withdraw* from his candidature by notice signed liy him and delivered to the town clerk not later than two o'clock in the afternoon of the day next after the last day for the deliveiy of nomination papers to the town clerk ; ])rovided that such notices shall take effect in the order in which they are de- livered to the town clerk, and that no such notice shall have effect so as to reduce the number of candidates ultimately stand- ing nominated below the number of the vacancies to be filled." — Ap. Ixxiv. Publication of names of persons nominated.] M.E.A., 1875 (38 & 89 Vic, c 40), s. 1, sub-sec S, enacts that : " The town clerk shall, at least four days before the day of election, cause the surnames and other names of all ])ersons duly nominated, with their res})ective places of abode and descriptions, and the names of the persons subscribing their respective nomination papers as proposers and seconders, to be printed and placed on the door of the town hall, and in some conspicuous parts of the borough or ward for which such election is to be held." — Ap. Ix.xiii. * The Municipal Elections (Corrupt Practicps) Act, 1884, 47 & 48 Vic, c. 70, p. 11, provides aj^ainst an5-one inducini^ a caudiilatc to withdraw by promise or payment of money, etc., but tliis Act does not apply to Ireland. No 1)1 illations. 1 09 Computation of Time.] M.E.A., 1875 (3S & 39 Vic, c. 40), s. 11, enacts that ; " In reckoning time, for the })urpose of the Act, Sunday, Christ- mas Day, Good Friday, and any day set a])art for a public holiday, fast, or public thanksgiving, shall be excluded." — Ap. Ixxv. Bank Holidays are to be computed as ordinary days. Municipal Elections Act, 1S73, to be construed with Municipal Corporations Act, 1840.] The Municipal Elections (Ireland) Act, 1 879 (42 & 43 Vic, c 53), s. 2, sub-sec 1, enacts that: " The Municipal Elections Act, 1875, shall be construed, as far as is consistent with the tenor thereof, with the Municipal Reform Act, 1840 (3 & 4 Vic, c. 108), and the Acts amending same, and the Acts for the time being in force relating to elections of councillors, aldermen, and assessors in boroughs." — Ap. Ixxviii. Penalties for offences in regard to nomination papers.] M.E.A. 1875 (38 & 39 Vic, c 40), s. 1, sub-s. 4, Ap. Ixxiii., brings section 3 of the Ballot Act into force in relation to penalties for offences in regard to nomination papers, which enacts that : — " Every person who forges,* or fraudulently defaces,f or fraudu- lently destroys any nommation paper, or delivers to the i-eturning officer (or town clerk)J any nomination i:)aper knowing the same to be forged, shall be g^-iilty of a misdemeanour, and shall be liable, if he is a returning officer, or an officer or clerk in attendance at a polling station, to imprisonment for any term not exceeding two years, with or without hard labour, and if he is any other person, to imprisonment for any term not exceeding six months, with or without hard labour. Any attempt to com- mit any of these offences shall be punishable in the manner in which the offence itself is punishable. In any indictment or other prosecution for any of these offences in relation to the nomina- tion papers, the property of such pa]:»ers may be stated to be with the returning officer." — (B.A. s. 3), Ap. xxxiii. * i.e.^i fabricates. f Erasing the names on the paper.s, or coveruig them with ink so as to obliterate, or otherwise making them illegible. — See Owen. p. 28. J The word "returning officer" is to be taken to include town clerk in re- ference to delivery of nomination papers in this section. — M.E.A. , 1875 (sec. 1, 8ub.-s. 4). 1 10 lifunicipal Elections in Ireland. Class II. Nominations in boroughs in which 3 & 4 Vic, c. 108, is not in force.] The mode in whicli nominations in ** boroughs " to which the Municipal Reform Act, 1840 (3 & 4 Vic, c. 108) is not in force* are to be carried out, is determined by the Ballot Act, 1872, part II., sec. 23, sub-s. 2, which enacts that: " The provisions of the IMuuicipal Corporation Act, 1859, following ; that is to say, section 5 and section 6, and section 7, except so much thereof as relates to the form of nomination papers, and section 8, except so much thereof as relates to assessors, shall extend and apply to every mimicipal borough in Ireland, and shall be substituted for any provisions in force in relation to the nominaticm at municipal elections. Pi'ovided always, that the term "councillor" in these sections shall, for the purposes of this section, include alderman, commissioner, municipal commissioner, town commissioner, township commis- sioner, or assessor of any municipal borough." — Ap. xxxix. Town Clerk to publish notice.] The Municipal Coi-poratioiist Act, 1859 (22 Vic, c 35), 8. 5, provides that: " Seven days at least before the day fixed for the election of any councillor or councillors, the town clerk shall prepare, sign, and publish a notice as follows, or to the like effect : — Borough of I T 'f In the county of J Election of councillors for the (ward of , in the) borough of , in the county of Take jS^otice. 1. That an election of (three) councillors will be held for the said ward (or borough) on , the day of , A.D. , in the said ward (or borough). 2. That any person entitled to vote may nominate for the said office himself (if duly qualified), or any other person or persons so cpialitied, not exceeding three in number. • Towns under the Towns Improvement (Ireland), Act 185-t ; Townships under Local Acts (unless Kathmincs) ; and the nine boroughs under 9 Geo. IV., c. 82, come under this second class. t The Municipal Elections Act, 1850, is called the Municipal Corpor»tion8 Act, 859, in the Ballot Act. Nominations. Ill g, and must 3. That every such nomination must be iia writin state the Christian names and surnames of the persons nominated, with their respective places of abode and descriptions,* 4. That any nomination paper must be signed by the party nominating, and may be in the following form, or to the like effect : — Election of councillors for the (ward of of , to be held on the day of in the) borough, A.D. Nomination Paper. Christian namo and t>urname of person nominated. Place of abode of person nominated. Description of pprson nominated. Christian name and Surname of Nominator. Address of Nominator. Dated the day of 18 (Signed), 5. That all nomination papers must be delivered to the town clerk on or before the day of next. (Signed),! A. B., Town Clerk. (Ap. xxvi-vii-viii.) Notice of nomination— how to be published.] The town clerk is to cause such notice of nomination to be placed on the door of the town hall and in some other conspicuous parts of the borough or ward for which any Buch election is to be held. • It does not seem necessary that the address of the person given in the nomination paper should be the same as that given on the register. ■f A printed signature to the notice will be sufScient. See Sligo case, Power, Rodwell, and Davis Keports, 208. Municipal Elections in Ireland. I 12 Nomination papers to be lodged two whole days before the day of election.] Sec. G (22 Vic, c. 35), provides that : "The noniinatiou papers shall be sent to the town clerk at least two whole days (Sunday excluded) before the day of election ; and the town clerk shall at least one whole day (Sunday excluded) before the said day of election, cause the Christian names and surnames of the jiersons so nominated, witli such statement of their respective places of abode and descriptions, and with the names of the party nominating them, respectively, to be printed and 2)laced on the door of the town hall, and in some other con- spicuous parts of the borough or ward for which such election is held." — Ap. xxvi. Form of Notice.] The Notice may be in the following form i — Election of councillors for the (ward of in the) borough of . I, the undersigned, being the town clerk for the said town or township of , hereby give notice, that the Christian and surnames of the persons nominated for election as commissioners for the said township, and their respective places of abode, and description, and the names of the parties nominating them, as follows, viz. : — (Waud). Surnames. Other Names. riacps of Abode of PiTtions Nominated. Doscriptiona of I'ersona Nominated. Names of Person! by whom Nominated. The poll will take place on , the day of- -, 18 -, Signed, Town Clerk. Town Hall, -day of- -18—. Nojninations. 113 Town Clerk to supply as many nomination papers as may be required.] Sec. 7 (22 Vic, c. 35), enacts tliat : "Tlie town clerk shall provide as many nomination papers as may be required, and at the request of any person entitled to nominate, shall till up a nomination paper in due form ; provided, nevertheless, that such paper shall be signed by the person nomi- nating." — Ap. xxvi. Town Clerk to receive nomination papers up to 12 o'clock at night.] The nomination papers are to be sent to the town clerk at least two whole days (Sunday excluded) before the day of election. No hour is specified up to which on the third day the town clerk is to receive nomination papers; but it has been decided * that he is bound to receive them up to 12 o'clock at night on the third day before the day of election (Sunday excluded). He need not remain in his office after the usual office hours for the purpose of receiv- ing nomination papers, but if a nomination paper is sent or delivered to him, so that he receives it up to 12 o'clock at night on the third day before the election, he is bound to publish it. Persons nominating candidates must be qualified voters in the wards for which they nominate candidates.] It has been decided that the person who nominates a candidate must be duly qualified to vote in the ward for which he nominates the candidate — that is, his name must be on the burgess or voters' roll for that particular ward (The Queen v. Parkinson, 1867, L.R., 3 Q.B. 11), and if he nominates a candidate for a ward in which he (the nomi- nator) is not qualified to vote, the nomination and election of that candidate will be void. • It was hell in the Kinjslowii case, 1885, that the da}' does not terminate till 12 o'clock at night.— (18 Ir., L.R., Q.B. 179). H 1 14 Municipal Elections in Inland. Town Clerk not authorized to deal with invalid nomination papers.] The town clerk does not seem to be invested with any authority by statute to deal with or reject invalid nomin- ation papers*; but if a candidate not duly qualified is elected, and takes part in the proceedings of the body of which he has been elected a member, he runs a serious risk in those boroughs or towns to which the Commissioners Clauses Act of 1847 applies, incorporated by tlie sec. 24, Towns Improvement (Ireland) Act 1854, Ap. xix. Penalty for acting as a Commissioner without heing qualified.] Sec. 15 of that Act enacts that : " Every person who sliall act as a commissionei', being incapn- citated or not duly qualified to act, or before lie has made or BXibscribed such declarationf as afoi'esaid, or after having become disqualitied, shall for every such offence be liable to a penalty of fifty pounds (penalty may be recovered by any person) ; and such penalty may be vecoxered l)y any j)erson, with full costs of suit, in any of the superior courts ; and in every such action the person sued shall prove that at the time of so acting he was qualified, and had made and subscribed the declaration aforesaid, or he shall pay tlie said penalty and costs without any other evidence being required from the plaintiff than that such person had acted as a commissioner in the execution of this or the special Act."| — (10 Vic, c. IC, s. 15), Ap. iv., v. Nomination of a Candidate without his consent ] There seems to be no penalty attached to a pei'son nomi- nating a candidate without his consent ; nor does a candi- date so nominated appear to have any means of withdrawing. It is obvious that this power, of nominating a person with- out his consent, might be used unfairly. For example, supposing that " A " being a conservative and " B " a * ItMs submitted, haweveih thatthe town clerk ^Iibiiy'^i^Mi«ti_>he4iOHil^ nation oW^W«5nVll/s<^Kalne^^ii^oV^l£^\d •/ ■f Declaration required by s. 12 of same Act, Aj). Iv. {"Special Act" means the "Towns Improvement (Ireland) Act, 1854," iu relation to those towns whit-h have adopted the latti-r Act. — See 17 & 18 Vic, c. 103, .s. --'l, Ap. xxiii. Nominations. 115 liberal candidate ; — the conservatives were to nominate another liberal " C," it might have the effect of splitting the liberal votes between "B" and " C," and thus securing the return of "A." Duties of Town Clerk.] After receiving tlic nomination papers and publishing the names, &c., of those nominated, the town clerk does not seem to have any further duties to discharge in regard to an election, unless to receive and take charge of the ballot papers, &c., handed over to him by the returning officer at the termination of the election. The statutes do not seem to recognise or authorise his presence at elections ; and, unless specially engaged by the returning officer to assist him, he seems to have no right to be present.* Uncontested Elections.] The procedure laid down in sec. 1 of the Ballot Act, 1872, with regard to an uncontested election (where no more candidates are nominated than there are vacancies to be filled up), does not apply to municipal elections. Sec. 20 (7) of the Ballot Act enacts, that an uncontested municipal election is to be conducted in the way in which it would have been conducted if this Act had not been passed ; but by s. 23, sub-s. 2, it enacts that sec. 8 (which deals with uncontested elections) of the Municipal Corpora- tionf Act, 1859 (22 Vic, c. 35), (except so much thereof as applies to assessors), shall extend and apply to every muni- cipal borough in Ireland. This section (viz.: — sec. 8, 22 Vic, c. 35) is also incor- porated in the Municipal Election Act, 1875, and thus,— by the efiect of the Municipal Elections (Ireland) Act, 1879 — applies to all boroughs under 3 & 4 Vic, c. 108. Hence the procedure in regard to uncontested elections is assimilated in * It is customarj', however, for him to act as assessor to the returning officer. + Tlie Municipal Elections Act, 1859, is called the Municipal Corporation Act, 1859, in the Ballot Act. h2 1 1 6 Municipal Elections in Ireland. all municipal elections in Ireland, and is governed by this section, which requires the returning officer to publish the names of the persons elected not later than 11 o'clock on the day of election, and is as follows : — " At any election of councillors to be held for any borough or ward : — "1. If the number of persons so nominated shall exceed the number to be elected, the councillors to bo elected shall be elected from the persons so nou;iinated, and from them only. "2. If the number of persons to be nominated shall bo the same as the number to be elected, such persons shall be deemed to bo elected ; and the mayor or alderman and two assessors, as the case may be, shall publish a list of the names of the persons so elected not later than eleven of the clock in the morning of the said day of election. " 3. If the number of persons so nominated shall be less than the number to be elected, such persons shall be deemed to be elected. Such of the retiring councillors highest on the poll at their election, or, if the i)ull were equal or there were no poll, such as shall be nominated by the mayor shall be deemed to be re-elected to make up the number i-equired to be elected ; and the mayor or alderman and two assessors, as the case may be, shall puljlish a list of the names of all the persons so elected respec- tively, not later than eleven of the clock in the morning of the said day of election. " 4. If no persons be so nominated, the retiring councillors shall be deemed to be re-elected ; and the mayor or alderman and two assessors, as tlie case may be, shall publish a list of the names of all the persons so elected, not later than eleven of the clock in the morning of the said day of election." — (Ap. xxvi.) Bui there seems pothing to prevent the returning ofiicer, in the event of there beings no contest, from declaring the candidates elected as soon as the time for handing in nomi- nation papers has expired. Pi-eparations for taking the Poll. 1 1 7 CHAPTER XL Preparations for taking the Poll. Duties of returning officer in a contested election.] In the event of a contest, the returning officer has impor- tant duties to perform in regard to taking the poll. He is to — provide (B.A., s. 8) — 1. Polling stations. 2. Ballot papers. 3. Stamping instruments. 4. Ballot boxes. 6. Copies of register of voters, &c.* 6. — Appoint presiding officers (B.A., r. 21) to preside at each station. 7. Appoint and pay poll clerksf (and counting assis- tants, if necessary). And do such other acts and things as may be necessary for effectually conducting an election in the manner provided by the Ballot Act. — (B.A., s. 8). Ap. xxxiv. Expenses of elections.] + All expenses properly incurred by the returning officer, in relation or incident to municipal elections, are chargeable to the borough fund or rates. — Municipal Reform Act, 1840 (3 & 4 Vic, c. 108); Commissioners Clauses Act, 1847 (10 Vic, c 16), s. 34. * It is clear that he ought to provide a sufficient quantity of forms of declarations of "inability to read." f The duties of poll clerks are of a responsible character, and they are paid from £1 1«. to £3 3». each for the day, as the returning officer may think right. Presiding officers do not receive any remuneration See p. 92. \ See footnote an p. 180.) Every person whose name is on Register is entitled to receive a Ballot Paper.] Any person whose name is on the register of voters for the time being in force is entitled to demand or receive a ballot paper and to vote, even if by mistake his name has been placed on the list. •'Nothing," says Judge Lush, " shall take place at the polling booth but a reference to the Register to ascertain whether the person who presents himself is the person on the llcgistcr or not." (Worcester, 1880, 3 O. & H., 18G.) Tlie Poll. 135 Sect. 88 of the Representation of the People (Ireland) Act, 1868 (13 & 14 Vic., c. 69) * enacts that— " No inquiry shall be permitted at the time of polling as to the right of any person to vote, nor any objection thereto, made or received by any returning officer or his deputy except only as follows (that is to say) ; — That the returning officer or his respective deputy shall, if required, on behalf of any candidate, put to any voter at the time of his tendering his vote, and not afterwards, the following questions, or either of them :— " 1. Are you the same person whose name appears as A. B. on register of voters now in force for the city (town or borongh as the case may be) % " 2. Have yon already voted, either here or elsewhere, at the election for the city (town or borough, as the ca.se may be) T The returning officer or his deputy shall, if required, on behalf of any candidate at the time aforesaid, administer an oath, or (in the case of a Quaker, Moravian, or Separatist) an affirmation to any voter in the following form : — " You do swear (or affirm, as the case may he) that you are the same person whose name appears A. B. on the register of voters now in force for the city (or town or borough, as the case mai/ be), and that you have not before voted, either here or elsewhere, at the present election for the city of (or town or borough of , as the case may be). " So help me God." — Ap. xi. The presiding officer, or poll clerk, appointed by the returning officer, may ask the questions and administer the oath.— (B. A., s. 10.) It is to be observed that no person is to be required to answer these questions or take the prescribed oath except on a demand made by a personation agent on behalf of a candidate ; and without such demand being made, the per- son presenting himself to vote may decline to answer the questions or to take the oath or affirmation, and the pre- siding officer would not on this ground be entitled to decline to give him a ballot paper, * Sections 88 to 97 of this Act are brought into force in muuieiiial elections by the Ballot Act, sec. 24. 1 ^6 Municibal Electiotis in Ireland. Sec. 89 (13 & 14 Vic, c. G9) enacts: " That, save as aforesaid, it shall not be lawful to require any voter at any election to take any note or affirmation, either in jiroof of his frechokl, occupation, or of his residence, age, or other qualification or riglit to vote, or of his qualification continuing, or of his not owing any cesses, rates, or taxes whatsoever, any hiw or statute, local or general, to the con- trary notwithstanding, nor to reject any vote tendered at such election by any person whose name shall be upon the register of voters in force for the time being, except l)y reason of its appearing to the returning officer or his dcjmty, ui)on putting such questions as aforesaid or either of them, that the person so claiming to vote is not the same person whose name appears on such register as aforesaid, or that he had pre-\iously voted at the same election, or except by reason of such person refusing to answer the said questions or either of them, or to take the said oath, or to make the said affirmation; and no scrutiny shall here- after be allowed by or before any returning officer with regard to any vote given or tendered at any such election, any law, statute, or usage to the contrary notwithstanding." — Ap. xi. It is important that the questions should be put in due form, and strictly in accordance with the language used in the Act.* The answers to the questions must be direct and posi- tive: equivocal or evasive answers will not do; but Cunningham points out that, su])posing the person at first gives an evasive answer or decHnes to answer, yet if he subsequently presents himself to vote and offers to answer the questions and take the oath if required, the presiding officer ought to put the questions to him again, and if he answers them satisfactorily, allow him to vote. The presiding officer cannot refuse to allow a person to vote whose name is on the register, provided^ that he, if required, answers the prescribed questions satisfactorily, and • The questions must be put in the very words of the Act. — Canterbury, 1835» K. & 0.,326. t See p. 95. X Even if he knows that he is disqualified. If persons inherently or by law disqualified — such as aliens, felons, minors, paid agents, and persons proved guilty of corrupt practices —vote, their names will be struck o£f on sci utiny ; and they will be liable to whatever penalties are attached to their voting. The Poll. 137 takes the oath or affirmation — if he do refuse, he may render himself Kable to a criminal prosecution for the breach of a public duty, even though he knows that the voter is disqualitied. — Fvyce v. Belcher, 1847, C.B., 8G0. There is only one proviso, therefore, with regard to a person's being allowed to vote if his name be on the register — and that is, that he answer, if required, the questions, and takes the oath permitted by law to be asked of and to be administered to voters at the time of polling. — (B, A.,r. 27.) And no person whose name is not on the list — even though he has the required qualification — is entitled to demand a ballot paper or to vote. The reason for such a provision is obvious, as the presiding officer has no autho- rity to go into the qualifications of any person, or to take evidence, or to ask any questions (unless as to the identity of a voter or as to whether he has voted before) ; and a person whose name was not on the list would have no register number, and, therefore, the presiding officer would not be able to comply with the requirements of the statute by putting the register number of the voter on the counter- foil of the ballot paper. Conclusiveness of the Register how shown.] The Ballot Act, 1872, enacts that : — " At any election for a county or borough a person shall not be entitled to vote unless his name is on the register of voters for the time being in force for such county or bcrougli ; and every person whose name is on such shall be entitled to demand and receive a ballot paper and to vote," (fcc. — (B. A., s. 7), Aj). xxxiv. But part II., sec. 20, sub-seo, 7 (C.) (Ap. xxxviii.), provides that this provision shall not apply to municipal elections. The register is made conclusive in boroughs under the Municipal Reform Act, 1840, by sec. 5 of the Municipal Elections Act, 1875 (38 & 39 Vic, c. 40), which enacts that— " A person shall not be entitled to vote unless his name is on the burgess roll for the time being in force for the ward for wliich such election shall be held." 138 Municipal Elections iti Ireland. And by section 10 of the Corrupt Practices (Municipal Elections) Act. 1872 (35 & 3G Vic, c. 60), which applies to all municipalities in Ireland — " Subject to the provisious of this sectiou, a register shall, for all [nn-poses, be conclusive as to the right of tho persons included therein to vote at au election for the purposes whereof such regis- ter is in force," k.c. Hence — as the language in these sections is substantially the same — the conclusiveness of the register in Parlia- mentary and municipal elections as regards the boroughs under the Municipal Reform Act, 1840 (3 & 4 Vic, c 108), is on precisely the same footing. In case of Stowe v. Jolllfe, 1874, it was held that sec. 7 of the Ballot Act makes the register conclusive not only on the returning officer, but also on every tribunal which has to inquire into elections, except only in the case of " persons prohibited from voting by any statute or by the common law of Parliament," — persons who from some inherent, or for the time irremovable, quality in themselves have not, either by prohibition of statutes or at common law, the status of Parliamentary electors — such as peers,* Avomen,t persons holding certain offices or employments under the crown, persons convicted of crimes which dis(pialify, or the like. The proviso is not pointed at disqualification by reason of the receipt of parochial relief or other alms since the date of the register, non-occupation, insufficient qualification, or the like. As to these, the register is conclusive, and their votes cannot be struck out by the election Judge on scrutiny. — (L. R 9, 0. P. 734.) See also Fo?'ces^cr, 1880, 3 O. & H. 186. In the Londonderry case, 1886, it was held that Ballot Act, sec. 7, gives the right to vote to any person whose name is on the register and who does not come within the express • Peers or persons holding office under the Crown are not disqualified from votinp at municipal elections. t Women arc qnalified to vote in Mnnici|)al Elections in Belfast, see ante, foot- note, p. 44, and iu Municipal Elections iu Euglaud (45 and 4(J Vic, c. 50, s. C3). The Poll. 139 provision that he is prohibited from voting by statute or common law.— (4 0. & H., 103.) Conclusiveness of Register in Boroughs or Towns not under the Municipal Reform Act, 1840.] The register is made conclusive in municipal elections in towns or boroughs which have adopted the Towns Improve- ment (Ireland) Act, 1854, by the Local Government (Ireland) Act, 1871, sec. 26 — " Such list shall be evidence that the persons therein named are entitled to vote," and by sec. 10> Corrupt Practices Act, 1872 (85 & 86 Vic, c. 60). It is to be observed that neither of these sections Btate that the list shaU be conclusive as regards the persons whose names are omitted from it, to vote ; but as a person qualified to vote whose name is omitted from the list could neither vote at the election, nor "tender his vote " and claim to have it counted on scrutiny ; and as it does not appear that an election tribunal has any power to inquire into questions of qualification, unless in the case of persons inherently disqualified, it is submitted that the voter's list is equally conclusive in towns or boroughs under the Towns Improvement (Ireland) Act, 1854 — as the burgess roll is in boroughs under the Municipal Reform Act, 1840. If it were proved, however, that a number of electors, sufficient to turn an election, — whose qualifications were clear and indisputable, — were omitted from the list of voters, an election court would probably order a new election. If, therefore, A. B. has not the proper franchise or rating qualification, or has not occupied the premises for the quali- fying period, &c. ; yet if his name is on the register he is entitled to vote, and his vote cannot be questioned quo warranto, on petition ; if, on the other hand, the name of X. Y. (who is fully qualified) is omitted from the list — his right to vote cannot be established on petition. The register being conclusive, not only on the presiding officer, but also" on any tribunal which has to inquu'c into elections. 140 Mttnicipal Elections in Ireland. Voting in two wards.] A burgess of a borough divided into wards, was on the roll for two wards and voted in each ward. It was held that it must be taken that he had properly made his selection to vote in the ward in which he first voted, and that his vote for this ward was good, and not vitiated by his voting subsequently in the other ward. — Queen v. Harrcdd, 1873, L. R, 8 Q. B. 418 ; Queen v. Tugivell, 1868, L. R., 3 Q. B. 704. See also Stepney, 1886, 54 L. T., N. S. 6S0. Son voting in his Father s name.] When a son, honestly believing tliat he was entitled to vote, voted in his father's name (the latter being the voter on the register), the vote was struck off on scrutiny, but he was not held guilty of personation. — See Berivick-on-Tiueed, 1881, 4 1 L. T., N. S. 290 ; Atklone, 1880 (3 0. & H., 57); post, p. 143, footnote. Deaf and Dumb Persons.] Deaf and dumb persons whose names are on the register are to be allowed to vote if they can, by signs or writing, answer the questions, and take the oath. Idiots, Lunatics, and Drunken Persons.] Idiots, lunatics, or drunken persons are entitled to vote if their names are on the register, and if they are able to answer the questions authorized by statute to be put to them, and to take, if required, the statutory oath. There is no other ground than their being unable or un- willing to answer the questions satisfactorily, or take the oath, upon which the presiding officer could refuse to give them a ballot paper. Name wrongly given on register does not vitiate vote.] A vote is not vitiated by a voter's name being wrongly given on the register so long as the identity of the voter The Poll. 141 is established.* — {Oldham, 1869, 1 O. & H., 153; Canter- hiiry, 1835, K. & 0., 327). Nor does a mistake in the description of a locality where a voter's house is situated invalidate the vote. — (Canterhiiry, 1835, K. & O., 327.) The question, it is to be observed, is not " Are you A. B. ?" but "Are you the same person whose name appears as A. B. on the register ? " ■'to' Votes marked by the Presiding Ofl5cer.] '* Tlie presiding officer, on the application of any voter who ia incapacitated by blindness, or other physical cause from voting in manner prescribed in this Act, or (if the jdoII be taken on Saturday) of any voter who declares that he is of the J ewish persuasion, and objects on religious grounds to vote in manner prescribed by this Act, or of any voter who makes the required declaration that he is unable to read is, in the presence of the agentst of the candidate, to cause the vote of such voter to be marked on a ballot paper in manner directed by such voter, and the ballot paper to be placed in the ballot box, and the name and number on the register of voters of every voter whose vote is marked in pvirsuance of this rule, and reason why it is so marked, shall be entered on a list, in this Act called ' the list of voters marked by the presiding officer.'" — (B. A., r. 26), Ap. xliii. Declaration of inability to read.] The declaration of inability to read is to be made by the voter at the time of polling, before the presiding officer, who is to attest it in the form hereinafter mentioned, and no fee is to be charged in respect of such declaration. * The presiding officer is not to ask a voter to spell his name. — ((Canterbury, K- & 0.,131.) t This implies that the agents are to be allowed to see how the elector voted, which seems contrary to the whole spirit of the Ballot Act. There is a very widespread opinion that the franchise ought not to have been extended to persons unable to read or write. A writer in the Irish Times suggests, with regard to a mode of taking the votes of illiterate persons, that a large photograph of each candidate should be placed outside each poUinir booth, on a distinctive coloured paper, and that each \otiug paper should bear the different colours — opposite the names and corresponding with those of the photographs — in the spaces made for the marks to be placed on. He adds : '• The most uneducated mortal could make a mark on the coloured paper to correspond with the person he wished to vote for ; and in case of colour blindness (which, I believe, is of rare occurrence in Ireland) the photograph would be quite sufficient." 142 Municipal Elections in Ireland. Election of Commissioners (ok Town Councillors). Act 35 «k 3G Vict., cap. 33. Declaration of Inadility to Read. T, A. B., of being numbered on the register of votcr.s for tlio ward, to\vuslii[) (or borough) of do liercby declaie that I am unable to read. liis mark. Day of 18 1, tlie undersigned, being tlie ])residing ofTicer for tlie polling station for ward in the township or borough of do hereby certify that the above declaration having been lirst read to the above-named A. D., was signed by him in my presence with liis mark. Signed, , Presiding officer for tho polling station for Avard, townsliip or borough of Day of 18 ." (B. A., Sch. II.), Aj). liv. The returning officer should supply a sufficient number of forms for making the declaration of inabilit}^ to read, as he might possibly be liable to an action if the supply were not sufficient'. Tendered Votes.*] "If a person representing himself to be a particular elector named on the register ap])lies for a ballot paper after another person has voted as such elector, the applicant shall, upon duly answering the questions and taking the oath, permitted by law to be asked of and to be administered to voters at the time of polling, be entitled to mark a ballot paper in the same manner as any other voter, but the ballot pa[)er (in this Act called a tendered ballot paper) shall be of a colour differing from the other ballot papers, and, instead of being put into the ballot box, shall l)e given to tlio presiding officer and endorsed by him, with the name of the voter and his number in the register of voters, and set aside in a separate packet,! and shall not be counted by the returning officer. * Tendered votes may be counted on scrutiny. •j- In the Bnrlroxe case, 188G (4 0. & II. 1 15) whore the voter put the tendered ballut paper iiiti) the ballot box instead of rclurniMg it to tlic iircsidiMg oHlcei (contrary tu rule "27), the court bcM tli.it (lie vote was bad, iiia^^niuch as the voter himself disregarded the rule. The Poll. 143 And the name of the voter and his numbei' on the register shall be entered on a list,* in this Act called the tendered votes list." (B. A., r. 27), Ap. xliv. Definition of Personation.] " A person shall for all purposes of the laws relating to muni- cipal elections be deemed to be guilty of the oftence of personation who, at an election appliesf for a ballot paper in the name of some other person, whether that name be tliat 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." — (B. A., s. 24). Punishment.] "The offence of personation, or of aiding, abetting, counselling or procuring the commission of the offence of personation by any person, shall be a felony, and any person convicted thereof shall be punished by imprisonment for a term not exceeding two years, together with hard labour." Returning officer to prosecute.] " It shall be the duty of the returning officer to iustitute a pro- secution against any pei'son whom he may believe to have been guilty of personation, or of aiding, abetting, counselling, or pro- curing the commission of the offence of personation by any person at the election for which he is returning officer, and the costs and expenses of the prosecutor and the witness in such case, together with compensation for their trouble and loss of time, shall be allowed by the court in the same manner in which courts are empowered to allow the same in cases* of felony." — (B,A., s. 24), Ap. xxxix. Any person applying for a ballot paper under this Act shall be deemed "to tender his vote," or "to assume to vote."— (B. A., s. 15), Ap. xxxvi. The offence of personation shall be deemed to be a cor- rupt practice within the meaning ot the Parliamentary Elections Act, 18G8 (31 & 32 Vic, c. 125).— B. A., s. 24. * In the Stc2>ney case, 1886, it was proved by a voter that he had been personated and that when he went to the poll and claimed his vote, the presiding ofKcer gave bin a tendered ballot paper, but omitted to endorse the applicant's name upon it. Th^ court held that although the presiding officer had not complied with the directions of rule 27 (B. A.), yet upon scrut'ny the vote ought to be counted. — (4 O. & H. 43). f Hence it is not necessary that a person should have been asked the questions to render him liable to be prosecuted for personation. To constitute personation, the vote must be tendered with a dishonest InteDtion. See ante, p. 140. m le 144 Municipal Elections in Ireland. Section 93 (13 & 14 Yic, c. GO), enacts : " Tliat if at the time any person tenders his vote at such elec- tion, or after he has voted, and before he leaves the polling booth, any such agent so appointed as aforesf.id shall decl'irc to the returning officer, or his respective deputy presiding therein, that he verily believes and undertakes to prove that the said person so A oting is not in fact the person in whose name he assumes to vote, or to the like effect ; then, and in every such case, it shall be lawful for the said retuining ollicer, or his said deputy, and he is hereby required, immediately after such person shall have voted, by word of mouth to order any constable or other peace ollicer to take the said ])erson so Aoting into his custody, which said order shall be a sullicicnt warrant and authority to the said constable or peace officer for so doing ; but the said I'eturning officei*, or his deputy, shall cause the words ' i)rotosted against for j)ersonation' to be })laced against the vote of the i)crson so charged with personation when entered in the poll book."* — Ap. xiii. The person so charged is to be taken at the earliest con- venient time before two justices. He is to be let out on bail on finding sufficient security. He may be committed for trial. — (Sees. 94) and 95 id.), Ap. xiii. Justices may award compensation to persons unjustly charged — (Sec. 96, id.), A p. xiv. Giving information as to who had voted in viola- tion of statutory declaration.] In the Bolton (1874) case (reported in 2 0. & H. 141), the personation agents were furnished with a register of the voters to which tickets were attached opposite the name of each voter; as soon as a voter had voted the a^-ent stealthily tore off the ticket and put it in his pocket, and subsequently conveyed it to some person outside the polling station, and by this means persons outside knew while the poll was going on who had voted and who had not voted. » Toll books were of course abolished by the Ballot Act, and according to rule 38 (B. A.), tbis term "poll book" may be taken to mean either the ballot paper or the register of voters. Some difference of opinion exists as (o whether the words " protested ayaiiist for personation " should be written against the name of the j)erson on the register of voters or on the tendered ballot paper. The Poll. 145 They continued to do this after being requested to desist. The court held that they had committed a violation of the statutory declaration which they had made, and committed an offence within the meaning of the provisions of the Ballot Act, thereby rendering themselves liable to serious punishment. Mr. Justice Mellor, in his judgment, said as to this : — " There is no doubt that the legislature, when it passed the Ballot Act, did intend that that shoukl be a perfectly secret mode of voting as far as any instrumentality or machinery which it could provide could make it so " It is clear that it was deliberately done, because when Mr. W. found that it was i)roposed to be done, he remonstrated and protested against it, warning them that it was contrary to the j)rovisions of the Ballot Act, and therefore placing them in the condition of transgressing the law 'intentional! v.' — (2 O. & H. 135.) In the case of Stannanovught v. Hazeldine, 1879, it was held, however, that to warrant a conviction under the 4th section of the Ballot Act, it mnst be proved that the information as to the voters was actually communicated to some person, and that proving merely that the means of acquiring such information was afforded to anyone was not sufficient (L. R. 4 C. P. D. 191). It is difficult to understand why the agents found it necessary to adopt the plan above referred to, as by placing persons (who had not made the declaration of secrecy) outside at the entrance of the polling station, Math copies of the register to identify and mark off the voters as they went in to vote, they could have more easily, and without any risk, accomplished their object;* or the candidate (not being obliged to make the declaration of secrecy) could have given the information without incurring any penalty. • Of course in a large or thickly populated borough it might be difficult to get persons who would be able to identify all the electors. K 146 Municipal Elections in Ireland. It was held in the case of Clementson v. Mason, 1875 (L. R. 10, C. P. 213), that sec. 4 of Ballot Act requires secrecy till the poll is closed as to the names of those who have not offered to vote, the intention being to prevent pressure being put upon those electors who do not wish to vote, A person who inadvertently violates the secrecy of the ballot is liable to punishment. — Reg. v. Uncles, 1873 (Ir. R. 8, C. L. .10). Presiding Officer to keep order. "The ])rosuliiig officer sliall keep order at his station, shall regulate the nuiuber of electors to be a. B ^ Es D Dated this- — day of , 18 — . (Signed) , No. 3. Presiding Oiiicor. 18—. I\Iunicii)al EloctiDii for the Ward of , in the Borough (or Town or Township) of , in tlie County of . (Polling Station No. ) Tendered Votes List. Ntme of Votor. No. in the Rfgistor of Votori. Dated this day of , 18 (Signed) - Presiding Oilicer. The following is a useful form* to provide for the use of the presiding officer, giving him a summary of the duties he has to discharge in taking the poll : — * Forms of this nature can be procured from Me.'wrs. Thorn & Co. (Limited), Abbey-street, or Urowne & Nolan, Nassau- street, Uublin. The Poll. 151 Instructions to Presiding Officer. 1. You are to open the poll in your polling station at eight o'clock in the forenoon, and keep it continually open until the hour of eight o'clock in the afternoon, when you are finally to close it. (Persons who have received ballot papers before eight o'clock, p.m., may be allowed to vote and deposit their papers in the ballot box within a reasonable time after eight o'clock, p.m.) 2. You are not to leave your polling station until re- lieved of charge of it by another duly appointed presiding officer ; or by the returning officer. 3. You shall before the commencement of the poll, show the ballot box, empty, to such persons, if any, as may be present in your polling station, so that they may see it is empty, and shall then lock it up, and place your seal upon it, so as to prevent its being opened without breaking such seal, and shall keep it in your view for the receipt of ballot papers so locked and sealed. 4. Tf/iO entitled to Vote. — Every person whose name is on the register for the time being in force for the particular ward or borough, is entitled to receive a ballot paper and to vote at the polling station allotted to him, and no other person. 5. As each elector applies to you for a ballot paper, he is to state his name and address ; when he applies look at the register to see if the name is on it ; then call out the number, name, and description of the elector as he appears on the register, and place a mark on the register against the elector's name to denote that he has received the ballot paper, but without showing the particular ballot paper he has received. 6. You are then to stamp the ballot paper on both sides with the official mark, and hand it to the elector, marking 1 52 Municipal Elections in Ireland. on the cuuiiteifoil the uuiubcr of the elector a.s it appears 011 the register. 7. The elector, on receiving the ballot i)aper, is forthwith to proceed into one of the compartments in the station, and there secretly mark his vote on the paper, and fold it np so as to conceal his vote, but so as to leave the official mark on the back visible ; he is then (keeping the paper still folded) to show you the official mark on the back of the paper; and having done so, i)laee the [>a[)er, «till folded, in the bal- lot box in your presence. 8. He is to vote without undue delay, and (put the sta- tion as soon as he has put the paper into the box. 9. Spoilt Ballot Papers. — If an elector has inadvertently dealt with a ballot paper so that it cannot be conveniently used — on proving to your satisfaction the inadvertence — you shall give him another in its place; the spoilt paper to be immediately cancelled, but preserved, as you will have to account for all the ballot papers you receive in the ballot paper account to be furnished to the returning officer. En- dorse on the spoiled ballot paper and its counterfoil the word " cancelled" 10. If required by the agent acting on behalf of any candidate, you are to put to the elector at the time he tenders his vote, before you hand him the ballot paper, but not afterwards, either or both of the following questions, that is to say : — '' 1. Are you the snmc person wliose name appeav.s as A. B. on the register of voters now in force for the city (town, township, or borough, as the case may he) of ? ** 2. Hav(! you already voted either here or elsewhere at this election for the city (town, township, or borough, as the case may he) of V You are not to put, or permit to be put, to any elector any other questions whatsoever. An inaccuracy in the name or address of a voter on the register will not dis- qualify him for voting. The Poll. 153 11. If the voter refuses to answer these questions, or either of them, you are not to give him a ballot paper ; but if he answers both questions satisfactorily, you are to deliver the ballot paper to him, unless, before you have done so, you shall be required by any candidate or his agent to administer to the voter the following oath, or (in case of a Quaker, Moravian, or Sei)aratist), affirmation, that is to say:— " You do swear (ov affirm, as the case, may he) that you ai's the Bame person whose name appears as A. B. on the register of votei"S now in force for tbe city (town, township, or borough, as the case may be) of , and that you have not before voted either here or elsewhere at the present election for the city (town, township, or borough, as the case may be) of So help you God." Vou are not to administer, or permit to be administered, to any elector, any other oath or affirmation whatsoever. 12. If the voter, when so required by you, refuses to take the above oath or affirmation, you are not to deliver to him the ballot paper ; but if he takes the oath or makes the affirmation, you will then deliver the ballot pa[)er to him. 13. You may delegate to the poll clerks anj of the fol- lowing duties : — To call out name and number of the voter as he receives a baUot paper — stamp ballot papers and deliver them to voters — enter on counterfoils register number of voters — ask statu- tory questions — administer prescribed form of oath — take declarations of inability to read ; but you should yourself see that the official mark is on the back of the ballot paper before you allow it to be deposited in the ballot box ; you must preserve order at your station; you cannot give authority to the poll clerks to order the arrest, exclusion, or rejection of any person from the polling station. 1 54 Municipal Elections in Ireland, 14. You may order the arrest or removal of any person who — (1.) Interferes with a voter while he is marking his vote. (2.) Endeavours to induce him to show how he has voted. (3.) Communicates any information as to who has, or who has not, voted. (4.) Endeavours to deposit anything not a genuine ballot paper in the ballot box. (5.) Attempts to take away a ballot paper from the polling station. 15. Personation. — If at the time any person applies to you for a ballot paper, and before you have delivered it to him, or after he has voted, and before he leaves your polling station, the agent nominated by any candidate for the pur- pose of detecting personation shall declare to you " that he verily believes and undertakes to prove that the person so applying or voting, is not the person in whose name he assumes to vote," or to tlie like effect, or that he has ah-eady voted at the same election — you are, nevertheless, to deliver the ballot paper to him, and permit him to vote if he has not previously voted ; and immediately after, and before such person has left the polling station, you are, by word of mouth, to order a constable to take the said person into his custody, and shall cause the words " protested against tor personation " to be placed on the register against the name of the person so charged with jiersonation. 16. Tendered Votes. — If a person, representing himself to be a particular elector on the Register, apjjlies for a ballot paper after another person has voted as sucli elector, he shall, upon duly answering the questions and taking the oath permitted by law (paragraphs 9 and 10), be entitled to mark a ballot paper as any other voter ; but such paper, called a '' tendered ballot })apcr," is to be of a colour The Poll i 5 5 different from other ballot papers, and instead of being put into the ballot box, shall be given to you, and you are to endorse it with the name of the voter and his res^ister number,, and set it aside in a separate packet, and enter the name and number of the voter on the " tendered votes list." 17. You shall, on the application of any voter who is inca- pacitated by blindness or other physical cause from voting in the prescribed manner, or, if the poll be taken on Saturday, of any voter who declares that he is of the Jewish persuasion and objects, on religious grounds, to vote in the prescribed manner ; or, of any voter who makes the declaration herein- after mentioned — that he is unable to read — you shall, in the presence of the agents of the candidates (but not in the presence of any other person unless he has taken the decla- ration of secrecy) mark the vote of such voter on a ballot paper, as directed by such voter, and place the ballot paper in the ballot box ; and the name and number on the register of voters of every voter whose vote is so marked by you, and the reason why it is so marked, shall be entered on a list called the "list of votes marked by the presiding officer." The " declaration of inability to read " is to be made by the voter at the time of voting, and you shall attest it in the prescribed form. 18. You are to regulate (by instructions to the constable at the door) the number of persons to be admitted to your station at the one time ; you are not to allow over- crowdinor. 19. .Preservation of order in the polling stations. — If any person misconducts himself in the polling station, or fails to observe your lawful orders, he may immediately, by your order, be removed from the polling station by any constable in or near the station, or by any other person authorized in writinc) by the returning officer ; and the I 56 Mimicipal Elections in Ireland. person ao rumuved shall noL, unless with your permission again bo allowed to enter the station during the day. The person removed, if charged with the commission in the station of any offence, may be ke])t in custody until he can be brought before a justice of the peace. But these powers are not to be exercised so as to prevent an elector, other- wise entitled to vote, having an opportunity of voting. By the exercise of discretion, forbearance, and good temper, combined with firmness, you will most probal)ly be saved the necessity of resorting to this power. 20. If, notwithstanding the exercise of the power vested in you before alluded to, the proceedings of taking the poll shall be interrupted or obstructed by any riot or open violence at or near your polling station, or by the violent or forcible prevention, obstruction, or interruption of voters proceeding on their way to your polling station (the last- mentioned prevention, obstruction, or interruption being shoiuii by afficlavit), you shall not for such cause finally close the poll ; but shall adjourn the taking of the poll until the following day, unless such day be a Sunday, and then to the following Monday, of which adjournment you must forthwith give notice to the returning officer ; but before you adjourn the poll you ought, if possible, to com- municate witli the returning officer. 21. Close of the poll. — As soon as practicable after the close of the poll, in the presence of the candidates or their authorized agents, you shall make up into separate packets (or place in seven different envelopes) — (1.) The " unused (ordinary and tendered) and spoilt ballot papers " (placed together), having first counted them and entered them in the ballot paper account. (2.) The " tendered ballot papers " used. (3.) The "marked copies of the register of voters." The Poll. 157 (4.) The " counterfoils of the (ordinary and tendered) ballot papers." (5.) The " tendered votes list." (6.) The " list marked by presiding officer." (7.) The " declarations of inability to read." You are to seal each of these packets with your own seal, and allow any of the agents, who desire to do so, to affix their seal thereto. Each packet or envelope should be endorsed with a statement of its contents, the name of the polling booth and borough, and the date of the election and your own name. The ballot box is not to be opened, but made into a separate packet and sealed in such a way as to prevent the introduction of anything else into it, and the agents are entitled to affix their seals to it if they so desire. Note. — The key is to be attached to the ballot box. Note. — If any persons have been arrested by your instructions, report the names of these persons, and the facts in connection with their arrest, to the retui-ning officer. Ballot 'pafer account. — These several packets you shall deliver to the returning officer, accompanied by a statement called " the ballot paper account," made by you, showing the number of ballot papers entrusted to you, and account- ing for them under the heads of — (a) ballot papers in the ballot box ; (6) unused ; (c) spoilt ; and {d) tendered ballot papers. 158 Municipal Elections in Ireland. CHAPTER XIII. Counting the Votes. The rules, laid down in the Ballot Act (1872) to be ol),scM-v("d in counting the votes, a])i)ly to niimieipal elections. — (B.A., r. G1-), A p. xlix. Agents may attend the counting of votes] The candidates may respectively appoint agents to attend the counting ot the votes. — (B. A., r. 31), Ap. xliv. — (See appointment of agents ante, p. 81). Notice of such appointment to be sent to the returning officer.] The name and ad(h'ess of every agent is to be transmitted to the returning officer one clear day* at the least before the opening of the poll ; and the returning officer may refuse to admit to the place where the votes are counted any agent whose name and address has not been so transmitted, not- withstanding that his appointment maybe otherwise valid, and any notice required to be given to an agent by the returning officer may be delivered at or sent by post to such address. — (B. A., r. 52), Ap. xlviii. Notice to be given to agents to attend the counting of votes.] The returning officer is to give notice in writing to the agents of the candidates appointed to attend at the countino- of the votes of the time and place at which he will begin to count same. — (B. A,, r. 32), Ap. xliv. Non-attendance of agent] The non-attendance of such agent or agents of the can- didates as may be authorised to attend will not invalidate * See footnote ante, p. 31. Counting the Votes. 159 the act or thing done, if such act or thing is otherwise duly done. — (B. A., r. 55), Ap. xlviii. If agent dies.] If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in his place, and shall forthwith ""ive to the returning officer notice in writingf DO O of the name and address of the agent so appointed. — (B. A., r. 53), Ap, xlviii. No persons, except those dnly appointed, to be present at counting of votes.] No persons (except with the sanction of the returning officer) may be present at the counting of the votes, unless the returning officer, his assistants and clerks, and the agents of the candidates — (B. A., r. 33), Ap. xlv. It is to be observed, however, that this rule (33) will not apply to candidates who may be present wherever their agents ma}-, in pursuance of the Act, attend. — (B. A., r. 51). See ante, p. 126. Additional assistants may be appointed.] In a circular issued by the Irish Office containing an abstract of the principal provisions of the Ballot Act, 1872, for guidance of returning officers, it is stated that it is obvious that the returning officer ought not to sanction the pre- sence at the counting of the votes of any person other than the candidates and their agents, and his assistants and clerks, except for the purpose of assisting in the counting. The returning officer may appoint, in addition to the clerks, competent persons to assist him in counting the votes. — (B. A., r. 48). No one is to be allowed to be present at the counting of the votes (except the candidate), unless he has made the declaration of secrecy. 1 60 Mu7iicipal Elections in Ireland. Votes to be counted as soon as possible after tbe close of the poll.] The returning officer is required to make arr.ingements for counting the votes as soon as practicable after the close of the poll. — (B. A., r. .S'2). When the borough or township is a comparatively sniall one, and the counting of the votes will not occupy more than a few hours, and can be finished on the same day on which the poll is taken, the returning officer generally arranges to commence the counting inmicdiately after the close of the poll. He can only do this, however, with the consent of the agents, as without their consent the votes cannot be counted during the hours between seven* o'clock at night and nine o'clock on the succeeding morning. — (B. A., r. *3o). Therefore, in small towns or boroughs the returning officer, in giving the agents the required notice, might state that the votes would be counted immediately after the close of the poll, unless this arrangement was ohjected to by any of the agents. Counting to be proceeded with continuously.] The returning officer is, as far as practicable, to proceed continuously with the counting, except during the hours which are (if objected to) prohibited, and the time which may be allowed for refreshment. — (B. A., r. 35), Ap. xlv. During intervals in the counting, ballot papers and other documents to be properly secured.] If any interval occurs between the close of the poll and the counting of the votes, or during the counting of the votes, the returning officer is directed to place the ballot • Under the Elections (Hours of Poll) Act, 1885 (48 Vic, c. 10), the poll must be kept open till 8 o'clock p.m. When the Ballot Act, 1872, was passed the poll was not to he kept open after 4 p.m., and, under certain circumstances, it might be closed sooner See Commissioners Clauses Act, 1847, s. 29, Ap. viii. Cofintmg the Votes. 1 6 1 papers and other documents relating to the election under his own seal, and the seals of such of the agents of the candidates as desire to affix their seals, and to otherwise take proper precautions for the security of such papers and documents. — (B. A., r. 35), Ap. It would be a matter of serious consequence if the ballot papers were tampered with or stolen, and the returning officer would do well to leave constables in charge of them. Ballot papers to be mixed and counted together before Votes are counted.] Before proceeding to count the votes* the returning officer is, in the presence of the agents of the candidates (B. A., r. 34), to— 1. Open each ballot box. 2. Take out and count the papers therein. 3. Record the number thereof. 4. Then mix together the whole of the ballot papers in the ballot box (or if there be more than one ballot box for a ward, he is to mix together all the ballot papers in the boxes for that ward). He is then to proceed to count the votes. The form given (p. 162) will be found to be a convenient one for the counting assistants to enter the votes for each candidate as they are read out by the returning officer, by making a stroke for each vote in the square opposite to the candidate's name for whom the vote is given. * In counting the ballot papers it is a convenient plan to arrange them in heaps of five-and-twenty for each candidate. [Form. L l62 Mu7iicipal Elections in Ireland. 00 a o O o 1— H P TJ O e3 o CO o 3 o o 1 1 1 1 1 1 47 48 1 1 1 1 1 1 w •^ 1 1 1 1 1 1 7 GO 1 1 1 1 1 1 S ^ o GD »o 1 1 1 1 1 1 « 03 CO GV CO « o cr; CD c» to « 1 1 1 1 1 1 09 O 1* CI cc t'- II 1 1 1 1 tc >c ■-f 1 1 1 1 1 CO 1 1 1 1 1 1 c* 1 1 1 1 1 1 10 11 II II Oi III II •x III 11- r- III II to 1 1 1 II •o *^ 1 1 1 1 1 1 III II ■* '^ 1 1 1 1 1 1 1 ^11 III III II 00 "^1 1 J 1 1 1 ■** I I III -III II CJ "- 1 1 1 1 1 ^11 III -1 1 1 1 1 1 -^ ^1 III "^ 1 1 III -1 1 1 1 1 1 Names of Candidates. *. J ^- , U H O O pC4 cn W 'A O 'A O M O « u o o o • rH a ;-> -»^ Counting the Votes. 163 The returning officer, while counting and recording the number of ballot papers, and counting the votes, is to keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the back of such papers.* — (B. A., r, 34), Ap. xlv. Ao^ents not authorized to interfere with Ballot Papers.] The agents are not authorized to interfere with the ballot papers or the assistants engage :1 in counting, but are entitled to inspect the face of bad and doubtful ballot papers. Returning Officer must hims3lf decide on the va- lidity of Ballot Papers.] The returning officer must himself decide on the validity of the ballot papers ; he cannot delegate this part of his duty (which is judicial), to anyone else. His decision final.] The decision of the returning officer as to any question arising in respect of any ballot paper is final, subject to reversal on petition questioning the election or return. — (B.A, s. 2), Ap. xxxii. Ballot Papers to be rejected.] He is to reject, and not count, any ballot papers on the following grounds : — 1. Want of official mark. 2. Voting for more candidates than entitled to. 3. Writing or mark by which voter could be identified. 4. Unmarked or void for uncertainty. — (B. A., r. '.^^), Ap. xlv. * Because, of course, anj'one seeing the number on the back of the ballot papei- would thus gain a knowledge of the number of the counterfoil, and with that knowledge could ascertain (if he had previously noted the particular ballot paper issued to the voter) the name of voter. l2 1 64 Municipal Elections in Ireland. Principles laid down by Lord Coleridge for deter- mining the validity of Ballot Papers.*] Lord Coleridge, in delivering the judgment of the Court, in the case of Woodivard v. Sarsons, 1875 (L. E., 10 C. P. 74G-7-8), on the validity and invalidity of certain votes, said: — "Tlic (Ballot) Act is divided into the principal part, which contains cei-tain sections, and two schednles which contain certain rules and forms ; and by S. 28, ' the schedules and the notes thereto, and directions thei'ein shall be construed and have effect as part of this Act.' The rules and forms, therefore, are to be construed as part of the Act, but are spoken of as containing ' directions.' Comparing the sections and the rules, it will be seen that for the most part, if not invariably, the rules point out the mode or manner of doing what the sections enact shall be done. And in schedule 2, the first note states that : — ' the forms contained in this schedule, or forms as Jiearly resembling the same as circtimstances will admit, shall be used." And on the ballot pai)er, as given with schedule, is ' directions as to printing ballot paper,' and ' Form of directions for the guidance of voters in voting," &c. Directory as distinguished from absolute enact- ments.] " These observations lead us to the conclusion that the enact- ments as to the rules in tlie fii-st schedule, and the forms in the second, are directory enactments, as distinguished from the abso- lute enactments in the sections in the body of the Act, and in such case, in order to determine the preliminary question, which is, whether there has been a material breach of the Act, and which must be determined before determining what effect such breach has upon a vote or on the election, the general rule is, that an absolute enactment nuist be obeyed or fulfilled exactly, but it is sulficient if a directory enactment be obeyed or fulfilled sub- stantially. " The second section enacts, as to what the voter shall do, that ' the voter having secretly marked his vote on the paper, and folded it up so as to conceal his vote, shall jjlace it in an enclosed box.' This is all that is said in the body of the Act about what the voter shall do with the ballot ])aper. That which is absolute, * A Select Committee of the House of Commons appointed to inquire into the working of the Ballot Act, recommondid that this case and judgment should be sent to everv returning otticer. — Parliamentary Paper 162 of 187G, Counting the Votes. 165 therefore, is, that the voter shall mark his paper secretly. How* he shall mark it, is in the directory part of the statute. By- rule 25, the elector, on receiving the l^allot 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 jmper, so folded up, into the ballot box.' This rule, it will be observed, does not yet say how the paper is to be marked. But, in schedule 2, is given the ' Form of ballot paper,' and appended to the form is a note which, by S. 28, is to be construed and have effect as part of the A.ct. This note contains the * Form of directions for the guidance of the voter in voting.' The voter will go into one of the compartments, and with the pencil provided in the com- partment, place a cross on the riglit hand side opposite to the name of each candidate for whom he votes, thus x .' This is the only enactment throughout the statute as to the manner and form in which the voter is to mai'k a ballot ])aper. And therefore, by the general rule before mentioned, it would be necessary that the absolute enactment, that the paper should be marked secretly^ should be obeyed exactly ; but it would be sufficient that the manner of marking the paper should be obeyed substantially. If these two enactments be so obeyed, there is no breach of the Act, The extent of the error which is to vitiate so as to annul the ballot paper is further to be gathered from the statute itself. By section 2, 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 ivhich the voter can be identified, shall be void, and not counted. It is not every writing or everv mark besides the number on the back which is to make the paper void, but only such a writing or mark as is one by which the voter can be identified. So, in rule 36, ' The returning officer shall report the number of ballot papers rejected and not counted by him under the several heads: — (1) Want of official mark ; (2) Voting for more candidates than entitled to ; (3) Writing or mark by vjhich voter could be identified ', (4) Unmarked, or void for uncertainty,' And then, in schedule 2, in the note to the form before referred to, we have this warning : — ' If the voter votes for more than candi- dates, or places any mark on the paper by ivhich he imiy be after- wards identified., his ballot paper will be void, and will not be counted.' The result seems to be, as to writing or mark on the ballot paper, that if there be substantially a want of any mark, or a mark which leaves it uncertain whether the voter intended to vote at all or for which candidate he intended to vote or if there be * It has been observed that the mistake made by the Court in the Scotch (Wigtown) case, was regarding the directions to voters as mandatory 1 66 Municipal Elections i?i Inland. nuM'ks indicating tliat the voter Las voted for too many candidates, or a writing or a mark by which the voter can be identified, then the ballot paper is void, and is not to be counted, or, to put the matter aihrmatively, the [)aper must be marked so as to show that the voter intended to vote for some one, and so as to show for which of the candidates he intended to vote. It must not be marked so as to show that he intended to vote for more candidates than he is entitled to vote for, nor so as to leave it uncertain whether he intended to vote at all or for which candidate he intended to vote, nor so as to make it possible, by seeing the papoi itself, or by reference to other available facts, to identify the way in which he has voted. " If these requirements are substantially fulfilled, then there is no enactment and no iiile of law by which a ballot paper can be treated as void, though the other directions in the statute are not strictly obeyed. If these requirements are not substantially fulfilled, the ballot paper is void, and should not be counted, and if it is counted, it should be struck off on scrutiny. The decision in each case is upon a matter of fact, to be decided first by the returning oflicer, and afterwards, by the election tribunal on petition." Ballot Papers with peculiar marks held good.] The following are illustrations of some of the peculiarly* marked ballot papers in the case of Woodivard v. Sarsons,^ which, in the absence of any evidence of pre-arrangement (of the marks on the ballot papers being intended aa a means of identifying the voters), were held by the Court to be good. (I.) Two or more crosses instead of one. ( Woodivard Y. Sarsons, 1875, L. R, 10 C. P., 749), thus :— 1 SARSONS. 2 WOODWARD. X * It must be borne in mind that any mark on the ballot paper, by which the voter niifiht be identified, would justify the Keturning Officer in rejecting it. fSee 44 L. J.,N. S., p. 296. Counting the Votes. 167 1 SARSONS. 2 WOODWARD. X ' 1 SASSONS. XXX 2 WOODWARD. X The Court considered that " there could be no doubt of the voter's intention to vote, and no doubt of the intention to vote emphatically for the one candidate." (II.) A straight stroke in addition to the cross {id,), thus : — . 1 SARSONS XI 2 WOODWARD. 1 68 Municipal Elections in Iceland. (III.) A mark like tlie letter P in addition to the cross {id.), thus : 1 SABS0N8 X^ 2 WOODWARD. (IV.) A straight line in lieu of a cross {id.), thus : — 1 SAUSONS. / 2 WOODWARD. (V.) A star instead of a cross {id.), thus : — 1 SARSOKS. » 2 WOODWARD. Coimtinsr the Votes. 169 (VI.) A cross marked with a tremulous hand (ic/.), thus : — 1 SARSONS. X 2 WOODWARD. (VII.) A bkirred cross, and a better cross added (id), thus : — 1 SAESONS. > thus :— 1 2 SARSONS. X -JS^OOBWA^D^^ 170 Municipal Elections in lycland. (IX.) A cross on the left instead of the right hand side of the candidate's name (id., 749), thus : — 1 X SARSONS. 2 WOODWARD. 1 X SARSONS. 2 WOODWARD. (X.) A cross placed near the left hand corner of the ballot paper {id.), thus — -X- SARSONS. WOODWARD. Counting the Votes. 171 A ballot paper torn longitudinally, through the middle, as indicated by the dotted line, thus : — 1 SARSONS. 2 WOODWARD. X In the ease of M'Laren v. Home 1881 (3 0. & H., 178), where a ballot paper was marked with a long cross, part of which was in the square allotted to one candidate and part in that of the other ; the Court decided that it should be counted as a good vote for the candidate in whose square the intersection of the Cross appeared : — 1 2 HOME. \/ M'LAREN. A Marks on back of ballot papers will not invalidate them except intended as a means of identifica- tion.] Marks on the back of a ballot paper (if it is well marked on the front), will not invalidate it — unless there is some evidence to show that these marks are intended as a means of identification — as the back of the ballot paper is not intended to be seen. In the Stepney case, 1886 (4 0. & H., 35), the Court were divided in opinion as to the validity of a ballot paper which 172 Mu7iicipal Elections in Ireland. was marked with a cross (in the usual way), on the face of it, but also marked on the hack with a cross, with the name " John Mitchell " written after it. The name of Jolin Mitchell did nut ai)})ear on the register of voters, and there was no evidence, that it was writing by which the voter could be identified. A ballot paper with the figure 33 written on the back of it, was held good, in the absence of any evidence that the voter could be identified. {Buckrose, 1886, 4 O. & H., 111.) A Ijallot paper marked in the usual way, on the face with a cross opposite one candidate's name, but with a cross upon the back opposite the other candidate's name was allowed good for the former. {Id.)* Rejected Ballot Papers.] In the following cases {Woochvard v. Sarsons) the ballot papers were held to be bad : — | (I.) When marked with the name of the candidate : — S ARSONS WOODWARD. Sarsons. Lord Coleridge (in regard to this paper) said : — " We disallow it with someliesit.-ition ; there is no cross at all ; and we yield to the suggestive rule that tlie writing by the voter of tlie name of tlie candidate, may give too much fticility, by reason of the handwriting, to identify the voter." (Id. 749.) case ) These decisions are not in accord with that given in a previous (tlio Wigtown (2 0. & H., 21il), where a ballot paper with two parallel strokes on the back in addition to the cross, on the face of it, was held to be bad. It is sub- mitted that the later decisions are more reliable. t It has been pointed out that no absolute rule exists for determining the validity of a ballot paper ; any suspicious mark or deviation would entitle the Keturnmg OfEcer to reject the paper. Counting the Votes. 173 (II.) When marked with the name of a voter. (E. Prews was the name of a voter on the burgess roll.) 1 SARSONS. X 2 WOODWARD. E. Prews. The Court decided in the Wigtown case, 1874 (2 0. & H., 21()), that a ballot paper marked on the face of it, with the name "A. C. Allan, Clothier," was invalid (although it did not appear that this was the name of a voter) ; holding that a name put on a voting paper might lead to the identification of the voter afterwards, and that it was not the dut}'' of the returning officer at the time to inquire or know anything about the name. (III.) When marked with initials in addition to the cross {id. 750) ; thus :— 1 SARSONS. 2 WOODWARD. a w. X In the Buckrose case, 1886 (4 O. & H., 111.), it was decided that ballot papers marked as follows should be rejected, viz. : — (a) With a cross on the left of one candidate's name, and a 174 Mmiicipal E/ec/ions in hr/and. straicfht line on the rifrht hand side of the other candidate's name, tlms : — 1 X M' ARTHUR. 2 SYKES. / (6.) With a line opposite to one candidate's name, and a cross opposite to that of the otiier, thus : — 1 M' ARTHUR. / 2 SYKES. X It is obvious why the Court rejected these ballot papers, as a stroke or straight line being held to be a good mark, the marks on these papers are consequently equivalent to " votes for more candidates than there are vacancies." (c.) With a cross immediately upon the name of a candi- date in such a way as to make it appear possible the elector intended to strike the name out.* la' ARTHUR. ♦ it is clifTicult to unlorstanil why the Court held tliis ballot paper invalid, as it seems obvious that tlie intention of the elector was to vote for Sykes, and that he merely fell into the error of marking the paper with a cross on, instead of opposite, to the name. Counting the Votes. 175 Ballot paper marked with a circle.] A ballot paper marked with a circle instead of a cross was held bad in the Wigtoivn case, 1874.— (2 0, & H., 215.) 1 2 Mr. Justice Denman, in delivering judgment in the Stepney case, 1886, said : — " The question here is, whether a ballot paper is good in which the voter, instead of making the cross or a mark of the ordinary kind straight with his pen, deliberately makes a cii'cle. If a man does that, he really must do it either with some sinister object, or it is so pervei'sely and absurdly in deviation from the directions of the Ballot Act, as to make it a case in which he ought really to be held to have thrown away his vote. If he does it with the sinister oliject of having his vote known, then he has foifeited his vote, because he has violated the Ballot Act. If he does it purposely — and one cannot understand a man supposing that a cross is a. circle — he has done it perversely, and done it in such a way as again to legitimately forfeit liis vote. If he does it purposely, knowing that his vote may be thrown away, then he really has not indicated his intention to vote for the candidate against whose name he has placed the mark ; so that, in any case, there is no good ground for holding that a circle is a cross (4 0. & H., 37.) within the meaning of the Ballot Act." But, in a case heard shortly afterwards (Buckrose, 1886, 4 0. & H., Ill), a circle was held to be a good mark (in the absence of any evidence of its being intended as means of identification), on the ground that it is a mark which can be employed to sufficiently indicate the candidate for whom an elector intended to vote. 176 Mmiicipal Elections in Ireland. When vote is uncertain for any candidate ballot paper must be rejected.] X 1 BABKER. X 2 BROWHE. 3 HENRY. 1 BAIvK£R. X 2 BROWNE. V 3 HENRY. A In the above illustration.s the vote as regards Barker is good, but as regards the other candidates void, for " uncer- tainty ;" consequently the ballot paper mu.st be rejected altogether by the returning officer. Authorities, however, are not agreed on this point. Counting the Votes. 177 Mr Parker holds (p. 194) :— " That a ballot paper wliicli is certain as to soaie voters, ma}^ be couuted as to those votes, tliough it is uncertain as to others." * Carleton (p. 49 J, on the other hand, forcibly points out — " That the power of the returning officer is to reject, not ' votes,' but ' ballot papers.' For example, if there are two seats to be filled up and three candidates, and the voter has iinraistakably voted for one of them, but has so put his other mark as to leave it uncertain for wludi of tJie other two he voted, in such case — ■ however hard it may be toward the candidate who got the certain vote, and however it may be dealt with on petition- the returning officer ought to reject tho ballot paper altogether ; otlierwise he could not comply with the statute (Sch. 1, Part I., R. 36), which requires him to report the rnxmhav oi ballot j^apers — wo'c votes — rejected, not counted, and does not contemplate the case of a ballot \)Q.])ev partly admitted and partly rejected." Ballot papers void for uncertainty.] A ballot paper having the cross put at the top, outside the parallelogram containing the candidates' names and the space for the cross, was held bad, as being void for uncer- tainty {Beriuick-on-Tweed, 1880, 3 O. & H. 178) ;t thus :— X Ballot Falser 1 HOME. 2 M'LAREN. * Carleton on Elections, 10th Ed. t It was argued that it indicated an intention on the part of the elector to vote for the candidate whose name stood first on the ballot patter. M 178 MiDiicipal Elections in Irclaitd. The judges, however, were not agreed as to this ballot paper being a bad one. But a similarly marked ballot paper was declared void in the titeyney case, 1886 (4 0. & H. 37) and in the Buckrose case, 1880 (4 O. & H. 111.) Ballot Paper. X 1 ISAACSON. 2 DURANT. -marked on the back.] A ballot paper marked on the bach with a cross (which could be seen through the paper) opposite the name of one of the candidates was rejected (Buckrose case, 188G, 4 O. & H. 111). Tlie Court held that the mark must be on the face of the paper, and that a cross on the back is not a coui- l)liance with the Act. (See aho Beriuick-on-I'iveed, 1880, 3 0. & H. 182.) marked with peculiar ink, etc.] It was held that a ballot paper marked with across with ink not being of a peculiar character, instead of a pencil, is good ( Wigioivn, 1874, 2 O. & H. 223) ; but it has been pointed out that if the returning officer finds any peculiar ink or pencil has been used and occurs through a number of ballot papers, or observes anything in relation to same which would lead him to suppose that there was any pre-arrange- ment, he should reject those ballot papers. Coimting tJic Votes. 1 79 A ballot paper marked, without discolouring the paper, for instance, with a blunt knife or finger nail,* is a good mark, provided that it appears that such mark was in- tentionally made [M'Laren v. Home, 1881, 44 L. T. N. S. Q. B. 289). marked by presiding officer with register number of voter.] In the Barnstable municipal election, 1875 (32 L. T. N. S. C02), where the presiding officer marked on the face of the ballot paper the number of the voters appearing on the burgess roll, which would enable any of the persons present at the counting of the votes to identify the way in which the party had voted, the ballot papers so marked were rejected by the returning officer; but the Court held, on petition, that he was wrong in rejecting them. This decision, however, is at variance with that given in the case of Woodward v. Sarsons (1875, L. R 10 C. P. 734). The decision of the Court in the latter case is probably more reliable. Ballot papers of illiterate voters wrapped up in declaration of inability to read.] When the ballot papers of illiterate voters were placed by the presiding officer in the ballot box, each wrapped up in the corresponding '•' declaration of inability to read," instead of being made up into a separate packet, sealed with the seal of the presiding officer, and so delivered to the returning officer (pursuant to B. A., Sch. 1, Part I., rr. 26, 29), (by which proceeding these voters could have been, but were not in fact, identified), it was held that, notwithstand- * The want of intelligence and idiosyncrasies exhibited by voters in regard to votino; is sometimes extraordinary. The writHr has been informed of a case where an elector, on retirmg into the polling compartriieiit to mark the ballot paper delivered to him by the presiding officer, marked instead the e.rnmp/e of a ballot paper hung up in tlie compartment, and deposited the ballot paper he had received, un- marked in the ballot box. M 2 1 80 Municipal Elections in Ireland. ing this mistake on the part of the presiding officer, the votes were properly counted {Woodwurd v. S by the board or council, not by the con- stituency at large. The person elected to fill the office continues in it, for the unexpired term which his predecessor would have held it. The chairman is required to call an extraordinary meeting of the commissioners to fill up the vacancy. — (9 Geo. IV., c. 82, s. 17). Municipal Reform Act, 1840.] In boroughs in which the Municipal Reform Act, i8i() (3 & 4 Vict., c. 108,) is in force, the Municipal Elections (Ireland) Act (42 & 43 Vict., c. 53), 1879, s. 2 enacts that : — *' In the event of any extraordinary vacancy occurring in the office of any alderman, coiuicillor, or assessor, the election to supply such vacancy shall take place not later than 14 days after notice shall have been given to the mayor or town clci-k by any two burgesses, and the mayor shall tix the day for holding sucli election, whether the l)orough be divided into wards or not."* And sec. 3 (id) repeals so much of the ss. 81 & 82 of 3 & 4 Vic, c. 108, as relates to the fixing of the day of election by the alderman. Towns Improvement (Ireland) Act, 1854.] In towns under the Towns Improvement (Ireland) Act, 1854 (17 & 18 Vic, c 103), the Commissioners Clauses Act, 1847 (10 Vic, c. IG), s. 19 enacts :— "If any of the commissioners die or resign, or be disquahtiod, or cease to be a commissioner from any other cause than that of going out of office by rotation, the remaining commissioners, * A mandamus inaj' be obtained to compel a Council In Imld an election to fill a var.aucy.— See 2 T. L. R. (1886), 431. Corrupt Practices. 191 if they think fit, may, within one month from the happening of such vacancy, elect another commissioner in his place; and every commissioner so elected shall continue in office only so long as the person in whose place he is elected would have been entitled to continue in office." The election or co-option of a commissioner must be made at a special meeting, but the acceptance of the resignation of a member is ordinary business, and may be done at an ordinary meeting. — See Queen (Cochrane) V. Bijrne, 1888 (22 Ir. L. R. 330). When an occasional vacancy occurs in a town council the commissioners must elect a candidate to fill it by voting openly. — (Queen v. Hazley, 1887, 11. Ir. L. R, 360). CHAPTER XVT.* Corrupt Practices. Corrupt Practices defined.] The Corrupt Practices (Municipal Elections) Act, 1872 (35 & 3G Vic, c. 60),+ s. 3 enacts :— " That the tei'ms ' bribery,' 'treating,' 'undue influence,' and ' personation,' shall respectively include anything committed or done before, at, after, or with respect to an election, which if done before, at, after, or with respect to an election of members to serve in Parliament, would render the person committing or doing the same liable to any penalties, puiiishments, or disqualitications, for bribery, treating, undue influence, or personation, as the case may be, under any Act for the tiine being in force with respect to elections of members to serve in Parliament," | — Ap. Ix. The Public Bodies Corrupt Practices Act, 1889§ (52 & 53 Vict., c. 69). — sec. 1, sub-sec. 2, enacts that : — " Every person who shall by himself, or by and in conjunction with any other person, corruptly give, promise, or offer any gift, • This chapter is only intended to gi\e a general outline of the subject. f 'i'his Act applies to every municipality in Ireland. X This has the effect of making the provisions of all previous and subsequent Acts in force in relation to these cjrrupt practices at Parliamentary elections applicable to municipal elections. All Acts for the prevention of corrupt practices prior to the Corrupt Practices Prevention \ct, 1854 (17 & 18 Vic, c. 103) liave been repealed by tliat Act. § This Act applies to every municipality in Ireland. 192 Mjinicipal Elections in Ireland. loan, foo, reward, or advantage wliatsoovor to any i>GrRon, whether for tlie benefit of tliat person, or of another person, as an induce- ment to or reward for or otlierwise on account of any member, officer, or servant of any public body as in this Act defined, doing or forbearing to do anything in respect of any matter or trans- action whatsoever, actual or proposed, in which such ])ul>lic body as aforesaid is concerned, shall be guilty of a misdemeanour." Ap. Ixxxii. Sec. 7 enacts : — " The expression 'advantage' includes any office or dignity, and any forbearance to demand any money or money's worth or valuable thing, and includes any aid, vote, consent, or influence, or pretended aid, vote, consent, or influence, and also includes any promise or procurement of or agreement or endeavour to procure, or the holding out of any expectation of any gift, loan, fee, reward, or advantage, as before defined."' — Ap. Ixxxiv. Bribery defined.] The Corrupt Practices Prevention Act, 1854 (17 & 18 Vic, c. 103), s. 2 defines bribery, viz. : — " The following persons shall be deemed guilty of bribery and shall be punishable accordingly : " 1. Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, give, lend, or agree to give or lend, or shall ofler, promise, or promise to prociire or to endeavour to procure, any money, or valuable consideration, to or for any voter, or to or for any person* on behalf of any voter, or to or for any other person in order to induce any voter to vote, or refrain from voting, or shall corru})tly do any such act as aforesaid, on account of such voter having voted or refrained from voting at any election. " 2. Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give or procure, or agree to give or procure, or offer, premise, or promise to procure or to endeavour to procure, any office, place, or employment to or for any voter, or to or for any ])erson on behalf of any voter, or to or for any other person, in oi'der to induce such voter to vote, or refrain from voting, or shall corruptly do any such act as afore- said, on account of any voter having voted or refrained from voting at any election. " 8. Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement as aforesaid, to or for any person, in order to induce such person to procure, or endeavour * Hence need not be a voter. Corrupt Practices. 193 to procure, the return of any person to serve in Parliament, or the vote of any voter at any election. " 4. Every person who shall, upon or in consequence of any such gift, loan, offer, pi'oinise,* procurement, or agreement, pro- cure or engage, promise, or endeavour to procure the return of any person to serve in Pailiament, or the vote of any voter at any election. ." 5. Every person who shall advance or pay, or cause to be paid, any money to or to the use of any other person with the intent that such money or any }>art thereof shall be expended in l)ribery at any election, or who shall knowingly pay or cause to be paid any money to any person in discharge or re-})ayment of any money wholly or in part expended in bribery at any election. " Sec. 3. The following persons shall be deemed guilty of bribery and shall be punishable accordingly : "1. Every voter who shall, before or duriug any election, directly or indirectly, by himself or by any other person on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place, or employment, for himself or for any other person, for voting or agreeing to vote, or for re- fraining or ngreeing to refrain from voting, at any election. " 2. Every person who shall, after any election, directly or indirectly, by himself or by any other person on his behalf, re- ceive any money or valuable consideiation on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting, at any election. " And any person so offending shall be guilty of a misdemean- our, and shall also be liable to forfeit the sum of ten pounds to any person who shall sue for the same, together with full costs of suit." Corrupt payment of Rates.] Section 49 of the Representation of the People (England) Act, 1867 (30 & 31 Vict., c. 102), s. 49 enacts that— '* Any person, either directly or indirectly, corruptly paying any rate on behalf of any ratepayer for the ]>urpose of enabling him to be registered as p voter, thereby to influence his vote at any future election, and anj^ candidate or other person, either directly or indirectly, paying any rate on behalf of any voter for the purpose of inducing him to vote or refrain from voting, shall be guilty of bribery, and be punishable accordingly; and any person on whose behalf, and with whose privity any such payment is made, shall also be guilty of bribery, and be punishable accord- inglv." * Bribery, although nothing is received. N 194 Miuitcipal Elcctio7is in Ireland. A similar provision exists in the Kepresentation of the People (Scotland) Act, 1868 (31 & 32 Vic, c. 48), but the corresponding Irish Act does not contain any such provision. However, this is not important, as the payment of rates, or the giving of any valuable consideration for the purpose of influencing persons to vote for the candidate on whose behalf tlie payment is made, is briber}- at common law. — See Bashhi/* p. 130. The payment, however, of a voter's rates for the purpose of onablincf him to have his name placed on tlie reo-ister, in Older that he may vote in accordance with what are known to be his political views, is not bribery. — OhUuna, 18G9 (1 O. k H, 166). Corrupt practices avoid an election.] The Corrupt Practices (Municipal Elections) Act, 1872 (35 & 36 Vic, c. GO), s. 5 enacts : — An election shall be avoided if any corrupt practices or offences against this Act are committed by agents with the candidate's knowledge and consent. If it be shown that an agent (withhi the scope of his authority) bribes a voter without the knowledge or consent, or even in direct contravention to the instructions of the candidate, it will avoid the election (Hariuick (1880) case 3 O. & H. 69), but will not render the candidate liable for penalties. To render the candidate liable, it must be shown that the agent bribed with his knowledge and authority. Mr. Justice Dcnman said in his judgment in the Ipswich case, 1886 :— • " It is important that it should be understood as a matter of law that if any agent of a candidate cliooscs to ex])end money illegally in the i»romotion of that candidate's return, whether the money came from a great political club, or from a subscription • "BusMiy's Practice of Elections,"' l>y Il.irdcastle. Corrupt Practices, 195 of well-wishers, or from an enthusiastic supporter, snch expendi ture will Ite fatal to the candidate who succeeds by its help." —(4 0. k H. 74). A single act of bribery avoids election.] Judge Keating held, in the Norwich case, 3 871, that a single act of bribery avoids election. '• It seems hard at first sight that a single act of bribery should avoid an election ; but when an act of bribery is committed the whole election of the l^arty bribing is tainted. It is no longer an election : it is utterly void."— (2 O. k H. 41).* But it has been laid down that for a single isolated case to upset an election, veiy strict proof is necensfivy.— {Hastings, 18G9, 1 O. & H. 218, per Blackburn, J.) Sec. 6 (35 «fe 3G Vic, c. (30) provides for an election being avoided on the ground of general corruption. Voters not to be employed as paid canvassers.] Sect. 7 (id.) prohibits any person, whose name is on the register of voters for any borough (or ward thereof ), from being retained or emploj^ed for payment or reward by or on behalf of a candidtxte at an election for such borough (or ward thereof) as a canvasser, for the purposes of the election. Penalty for.] If any person is retained or employed by or on behalf of a candidate at an election in contravention of this prohibition, such person, and also the candidate or other person by whom he is retained or employed, shall be deemed to be guilty of an offence against this Act, and shall be liable, on summary con- viction before two justices of the peace, to a penalty not exceeding ten pounds, {id.) Paid canvassers prohibited from voting.] An agent or canvasser who is retained or employed for payment or reward for any of the purposes of an election, shall not vote at the election, and if he votes he shall be * See also BirlbecJc v. Bullard, 188C (54 L.T.N.S., 625). N2 196 Municipal Elcctio7is iti Ifeland. guilty of an offence against this Act, and shall be liable, on summary conviction before two justices of the peace, to a penalty not exceeding Ten Pounds (i(?.) The vote of a i)aid agent of candidate, who had retired before the poll commenced, was held to be invalid. — (2 O. & IL, 20). Retainer to voter not bribery.] See ante, p. 84. Conveyance of voters to and from the poll.] Sec. 8 (C. P. (M. E.) A., 1872, 35 & 36 Vic, c. 60) makes payment by a candidate or his agent, for the conveyance of voters to or from the poll a corrupt practice, and renders any person guilty of this offence liable, on summary conviction before two justices of the peace, to a penalty not exceeding five pounds. The conveyance of voters to or from the poll in carri- ages (not kept on hire) lent gratuitously for the purpose, is not illegal. A promise to })ay a voter's travelling expenses is not bribery, provided there is no condition imposed upon him that he shall vote for a particular candidate ; payment on this condition would be bribei-y.* — Dublin, i860 (1 0. & H. 273). In the Bolton case, 1874, where a candidate's agent sent voters railway tickets to bring them to the poll and back, and asking them to come and vote for the candidate, it was held not to amount to bribery, as it did not contain a con- ditional promise. — (2 O. & H., 145.)t It has been held that an offer to sell a vote, unless proved to have been accepted, is not a corrupt act. — Malloiu case, 1870 (2 0. & H., 21). * Or if it were shown that the intention of the payment of his travelling 2Xl)enses was to iniluce him to vote — See Packard y. CoUhit/s, 1880, FA L T.N..S. e t At Parlianientarv Elecfion'i, all payments fur travelling expenses are illegal — (46&47 Vic.c. 54,s. 7). Corrupt Practices. 197 Instances of what may constitute bribery.] A wager may constitute bribery if made with a corrupt motive, to induce an elector to vote for a particular can- didate. It has been held that payment of 5s. for the loss of a hat at a public meeting was not an illegal pa^'ment. — Steimey, 188G (4 0. & H., 39). Payment of voters for " colourable " services is bribery.* — (3 0&H., ]53). The vote of an elector who received the money paid to his children, who were employed by the candidate as mes- sengers, was struck off on scrutiny. — Stepney, 1886 (4 0. & H., 38). In the Lishurn case (W, & B., 225) it was held that the payment of money, to induce a person to personate his father (who was dead) and vote, was bribery. Bribery may consist in paying excessive prices for bond fide services in order to influence a voter. — See Westminster, 1889 (1 0. & H., 90). The offer of a bribe to a person 'prima facie entitled to vote, but who subsequently becomes disqualified, has been held to be bribery.— (7 it iW/orc?, 1869 (1 0. & H., 14). Martin, B., in the Westminster case, 1869 (1 O. & H., 95), pointed out in regard to bribery — " That the question is not whether the voter was actually influenced, but whether the alleged briber intended to influence the voter." Payment to recompense workmen for wages lost through coming to vote is bribery. — Staleybridge, 1869 (20 L.T.N. S., 75 ; 1 O. & H. 67) ; Hastings, 1869 (1 0. & H., 219). In the Gravesend case, 1880, it was held that promising an advantage to an elector was bribery, even though no * The employment and payment of voters by a candidate or his election agent is made a corrupt practice at Parliamentary elections under 46 & 47 Vict. , c. 51, 3. 52 (2). \gii MiDiicipiil lilcctiojis in Ireland. condition was attached to it. — (3 O. k, H., 84-) ; see also Launceston, 1874 (2 0. & H., 129). General bribery, without its being traced to the candidate or his agents, will invalidate an election. — Gwildford, 1869 (10. &H.,15). Bribery at common law equally as by Act of Parliament will avoid an election.— Zic/i/iei(?, 1869 (20 L.T„ N.S., 14). If voters pair.] It is not illegal for two voters to pair ; liut if, under the impression that one has broken his promise and voted, the other votes — his vote, in the absence of fraud, is good. — Northallerton, 1869 (1 0. & H., 169). Time of giving bribe unimportant.] Immaterial at what period money was given or oflered, provided that it was with a view of influencing the election. —SUgo, 1869 (1 O. & H., 802). Treating.] "IV^, Every candidate at au election who shall corruptly by liimseU", or by or with any person, or by any other ways or means on his hehalf, at any time, either before, dunn;^', or after any election, directly or indirectly give or [)rovide, or cause to be given or provided, or shall be accessoiy to the giving or providing, or shall pay, wholly or in part, any ex})cnscs incurred for any meat, drink, entertainment, or pi'ovision, to or for any j)ersf)U, in order to l»c elected, or for being elected, or for the purpose of corruptly influencing such person or any other person to give or refrain from giving his vote at such election, or on account of such person having voted or n^frained from voting, or being about to vote or i-efrain from voting at such election, shall be deemed guilty of the ofleuce of treating, and shall forfeit the sum of fifty pounds to any person who shall sue for the same, with full cost of sint ; and every voter v. ho sliall corruptly acce()t or take any siu li meat, drink, entertainment, or pi'ovision, shall be incaji- al)le of votinj,' at such election, and his vote, if given, shall he utterly void and of none effect "— (17 cV 18 Vict., c. 102, sec. 14).* * Tliis only provides for .a pcn.aUy on I lie (nntlidatc wlio rornijitly treats, and the person .•icrepliiij; tlic tre.it ; but 4() i^- 47 Vic., c. 51 (An .Vet for the belter prevention of Corrupt and Illegal Prruliees at I'aili.niiiiitary IClcclioiis, l8'H.H), s. I. makes any person frnilty of treating or undue intiuence at a I'a'lia- mentary election liable to punislmient. Corrupt Practices. 199 It is to be observed that the meat, drink, or entertaiu- nient must be corruptly given. — (Garrickfergus, 1869, 1 0. & H., 265). In the Norfolk case, 1860 (1 0. & H., 243) Judge Black- burn said : — " I liave found that the notion has prevailed that for a candi- date to give anything in the way of meat or drink was fatal to ar^ election. That is a salutary notion, and acts as a protective machinery to the candidate ; but I cannot lay down the law to the full extent that that goes. But I can say tliat whenever a candidate or agent gives any meat or drink he does what is a foolish and imprudent thing, because it becomes a question what the mteutiou was in doing such a thing; and if the judge finds that the intention was to influence and afiect voters, it vacates the election." The Corrupt Practices Prevention Act, 1854 (17 & 18 Vic, c. 102), s. 23, enacts :— '' And whereas doubts have also arisen as to whether the aivincf of refreshment to voters on the day of nomination oi- day of polling be or he not according to law, and it is expedient that such doubts should be removed ; Be it declared and enacted, that the giving or causing to be given to any voter on the day of nomination or day of polling, on account of such voter having polled or being about to poll, any meat, drink, or entertainment by way of refreshment, or any money or ticket to enable such vote]' to obtain refreshment, shall be deemed an illegal act, and the person so offending shall forfeit the sum of forty shillings for each offence, to any person who shall sue for the same, together -with full costs of suit." It has been held that the giving of refreshments on the nomination or polling days does not avoid the election unless it can. be shown to have been given corriqjtly. — See Westminster, 1869 (1 0. & H., 91) ; Bradford, 1869 (1 0. & H., 37); Bodmin, 1869 (1 0. & H., 122). Treating is not an entertainment given to equals, but an entertainment given by a superior to an inferior with the object of securing the goodwill of the inferior. — Blrkbcck v. Bidlard, 1886 (54 L.T.N.S., 626). :iOO Mioiicipal Elect ions in Ireland. Ill the KidiUrmlnste)' case, 1874 (2 0, & H., 173), the respondent, in the course of a speecli, said : — " When toe have won the election, we will have an eutertiiinmcut together." It was hehl to be a corrupt promise, constituting bribery, and the election declared void. Refreshments to Women.] Treating may consist of giving refreshments to women with a view of their influencing the votes of their brothers, fathers, or sweethearts. — Tamworth, ISGO (1 O. k H., 86). Undue influence defined.] " Every pei-son who shall, directly or indirectly, by luinself, or any other person on his behalf, make use of, or threaten to make use of, any force, violence, or restraint, or inllict or threaten the infliction, by himself or by or through any other person, of any injury, damage, harm, or loss, or in any other manner practise iiitiniiilation upon or against any iicvson in order to induce or compel sueli person to vote or refrain from voting, or o]i account of sucli person having voted, or refrained from voting at any election, or who .shall, by abduction, duress, or any fraudulent device or contrivance, im})ede, prevent, or otherwise interfere with the free exercise* of the franchise of any voter, or shall thereby compel, induce, or prevail upon any voter, either to give or to refrain from giving his vote at any election,* shall be deemed to have connnitted tlie offence of undue influence, and shall be guilty of a misdemeanovir, and in Scotland of an offence punishable by fine or imprisonment, and shall also be liable to forfeit the sum of fifty pounds to any person who shall sue for the same, together with full costs of suit."— (17 k 18 Vic, c. 102, s. 5.)t Clerical Influence.] As to what constitutes undue clci'ical intiuence and spiritual intimidation, see Judge Keogh's remarks in the Gakunj (1809) case (1 O. & H., 30G), and Judge Fitz- gerald's remarks in Longford (1870) case (2 0. & H., 13, IC). * Tliis was rccof^niseil as a vital prin(i|ilo when Parliament was in its infancy. 3 Kdward I., c. 5, enacts — "Because election.^ ought to be /Kc, the king . . . conimaudeth ui)on great forfeiture that no man, by force of arms, nor by malice or menacing, shall disturb any to make free election." t See note, p. I'JS. Corrupt Practices. 20 1 Threatening to give up a Pew.] It was held to be iiitiuiidation for a pew-holder to threaten to give up rentnig a pew in chapel unless the minister voted in the way he (the pew-holder) wished Nortliallerton, 1869 (I O. & H., 108). Watching Voters.] Parker says (p. 335): — - " Watching the voters in and out of the polling station, and keeping an eye upon them, in the hope that by doing so they might be induced to vote for a particular candidate, or at all events not to vote against him, has been held not to be such an interference with the free exercise of the franchise as to fall within the section {TAchfield., 3 O. & H., 137). The contrary might, however, be held if the practice were repeated and con- tinued.— (M 138)." Praudulent Devices.] In the Gloucester case (1873), where a number of cards were issued to the electors, printed like ballot jjapcrs, having a x after the name of a particular candidate, with a note to the effect that the vote of any elector who did not mark his ballot paper in a similar manner would be lost : it was held this did not constitute a fraudulent device within the meaning of sec. 5 of the Corrupt Practices Act, 1854 (2 O. & H., GO). See, also, i^tepney, 1886 (4 0. k H., 56). The court stated, however, that candidates should be careful, in issuing circulars to voters, not to use any am- biguous language calculated to deceive or to trick the voters into the belief that their votes would be lost unless they voted for some particular candidate. In a case where an agent publicly stated on several occasions that the voting according to the Ballot Act was a "farce," and that he had discovered a plan by means of which he would be able to ascertain, after the election, how each voter had voted, and distributed 10,000 copies of a newspaper amongst the electors, containing an article in. 202 Aliiuicipal Elcctiois in Iiclmid. support of his alleged discovery, the judges were divided in o})inion as to whether the action taken by him amounted to a "fraudulent device" to prevent or impede free exercise of the franchise.— (i)oit;?i, 1880, :J 0. cetitioner shall give security for the payment of all costs, charges, and expenses that may become payable by him to any person summoned as a witness on his behalf, or to any member whose election is complained of. Amount of security.] The amount of the security shall be one hundred pounds; it shall be given either by recognizance to be entered into by not more than four sureties, or by a de})Osit of money in manner prescribed, or partly in one way and partly in the other.— (34 &5 35 Vic, c. lOD, s. 20), Ap. xxix. Powers of Court.] "As soon as conveniently mny bo after the presenting of such petition and tlie giving of such security, but not sooner than ten days thereafter, the court or one of the judges thereof shall proceed to intpiire into and decide upon tlie matters and * " In reckoning tiiiic fi;r tlic purposes of Uiis Act, Sunday, Christmas Day, Good Fridaj', and any day set apart for a public feast or thanksgiving, sliall be excluded." — (.'J5 & :!() Vie., c. (JO, s. 'J5), Ap. Ixx. I An overloaded jietition will be visited with costs even if success! ul. — Birkbcck V. Ballard, L.T.N. fci., Ol'G. Cottfroverted Elections. 205 allegations contained in such petition, and shall have power to take evidence upon oath, and to compel the attendance of witnesses, and shall have all and the same powers, jurisdiction, and authority as in other cases coming within the jiirisdiction of the court, and shall either confirm the election or order a new election, or make such order and give such relief in the premises as to them or him may seem ria'ht, and such decision and orders shall in all respects be final and conclusive upon all parties."— (M) How Vacancy is to be filled up in Towns.] "Where the court or judge has declared that the election of any member of tlie governing body of any town was void, such member shall cease to act as such, and there shall be a vacancy in such governing body, which vacancy shall be filled by the election of a new meuiber by the persons qualified to vote at such election, according to the provisions of the special Act in respect of tlie election of members." — (34 & 35 Vic, c. 109, s. 20). Ap. xxx. Rules to be made by Court,] •' The court may fi'om time to time make, revoke, and altei" general rules and orders in regard to the practice, procedure, and costs of petitions," &c.— (34 & 35 Vic, c 109, s. 21). Ap. xxx. It has been held that there is no power to amend a nnmicipal election petition after the expiration of twenty- one days from the election by adding a charge of treating. Sec. 15, sub-sees. 4 to 12 of the Corrupt Practices Muni- cipal Election Act, 1872 (35 & 86 Vic, c GO), deals with the regulations to be observed by the court on the trial of a petition.— (Ap. Ixiii.) Sec. 16, sub-sees. 1 to 4, with the examination and ex- penses of witnesses at the trial of the petition.- (Ap. Ixiv.) Sec. 17, sub-sees. 1 to 5, with the abatement and with- drawal of petition — (Ap. Ixv.) Sec. 18, suVsecs. 1, 2, with the withdrawal and substitution of respondent on a petition. — (Ap. Ixvi.) Sec. 19, sub-sees. 1 to 3, with the costs. — (Ap. Ixvii.) Sec. 20, sub-sees 3, 4, with provisions for the reception of the court upon trial of a petition. — (Ap. Ixvii.) 2o6 Miaucipa! Elcctiois i)i Ireland. Sec. 21, sub-sees. 1 to .">, witli respect to tlie jniisdictioii and geneml rules — (Ap. Ixviii.) Sec. 22 with the expenses of tho court. — (Ap. Ixix.) Acts done by Candidate -whilst lesult of Petition is pending not invalid.] Sec. 2-') tMiacts : — " Where a candidate wlio lias been elected to au ollicc at an election is l>y a ccvtiticate of tlie coiu-t, or by a decision of the superior court, doolarcd not to liav(! been duly olocted, acts dono by liiin in oxecution of such otlico before tlie time wlien the certificate or decision is certified to the town clerk, .shall not be invalidated by reason of his being so declared not to have been duly elected." — (Ap. Ixix.) How vacancy to be filled up in Boroughs.] See. 2-t :— " Where upon a petition the election of any person to an otiice has been declared void, and no other person has been declared elected in his room, a new election shall forthwith bo held to sujjply the vacancy in the same manner as in the case of an e.xtra- f)rdiiiary vacancy in tin; ollice, and for tlu^ purposes of auy such new election any duties to be performed Ijy a mayor, alderman, or any officer shall, if such mayor, alderman, or ofiicer has been declared not elected, be performed by a deputy, or other person who might have acted for him if he had been incapacitated bv illness." — (Ap. Ixx.) Elector not to be required to state for whom he has voted.] Sec. 2{! re-enacts sec. 12 of the Ballot Act, 1872, viz. : — " No jxirson who has voted at an election by ballot shall in any proceeding to question the election be recpiired to state for whom lie has voted." — (Ap. xxxvi., Ixx.) 25th Section of Ballot Act unnecessary] The 25th section of the Ballot Act, 1872, which enacts that one vote shall be struck off, on a scrutiny, for each voter proved to have been corru])ted by a candidate or his agents, etc., is quite unnecessary ; as pointed out by Leigh (p. 117). He says: — " This section was framed to meet a system of scrutiny of a totally different character to the one now in the Ballot Act. By the scheme originally embodied in the Bill it was proposed Controverted Elections. 207 tliiit tlie ballot should be entirely secret^ without power of fol- lowiug the votes by means of counterfoils, and the only means whereby a petitioner claiming the seat could acquire it without a fresh eleclion was by help of the provisions of the 25th section. When the House of Lords introduced the present system of counterfoils, afterwards adopted by the Govei'nment, this section became wholly unneccssai-y." Inspection of rejected ballot papers.] An inspection of rejected ballot papers, in the custody of the town clerk, may be obtained by n.n order from a county (or civil bill) court having jurisdiction in the borough, or any part of it, or from any tribunal ni which an election may be questioned. — (B.A., rr. 40, Gt). An appeal from such civil l)ill court may be had in like manner as in other cases in such court. The order for inspection will only be granted by the court on being satisfied by evidence on oath* that the inspection or production of such ballot papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the pur- pose of a petition questioning an election. — (B.A, r. -iO) Ap. xlvi. Any power given to a court by this rule may be exer- cised by a judge of such court at chambers. — (/d) Inspection of Counterfoils and Counted Ballot Papers— how to be obtained.] No person shall, except by the order of a tribunal having cognizance of petitions complaining of undue elections, open the sealed packet of counterfoils after the same has been once sealed up, or be allowed to inspect any counted ballot papers in the custody of the town clerk ; such order may be made subject to such conditions as to persons, time, place, and mode of opening or inspection as the tribunal may think expedient : provided that on making or carrying into effect any such order care shall be taken that the mode * See Stowe v. JoViff^, 1874. L.T^. 9 C.r., 446. 2o8 ^Tunicipal Elcciioits in Ireland. ill Mliicli an}'' particular elector has voted shall not he dis- covcrtd until he has heen ])roved to have voted, and his vote has been declared hy a competent court to be invalid. — (B.A., rr. 41, G4), Ap. xlvi.-ix. Eegiilations for the Inspection, and Fees for copies of Documents.] The regulations for the ins])ection of documents and the fees for the supply of copies of documents of which copies are directed to be snjiplied, shall be presciibed by the council of the borough, with the consent of the Chief Secretary or the Lord Lieutenant of Ireland ; and subject, as aforesaid, the town clerk in respect of the custody and destruction of the ballot papers and other documents coming into his possession in pursuance of this Act, shall be subject to the directions of the council of the borough. — (B.A., rr. G4 (?>), GO), Ap. xlix.-l. Where an order is made for the production by the town clerk 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 endorse- ment appearing on any packet of ballot papers produced l»y such town clerk or his agent shall be evidence of such papers being what they ai'e stated to bo liy the endorse- ment. The production from proper custody of a ballot pa})er [)iiij)orting to liave been used at an}' election, and of a counterfoil marked with the same printed number and having a number marked thereon in writing, shall be "^rima facie evidence that the person who voted by such ballot paper was the jierson who at the time of such election had affixed to his name in the register of voters at such election the same number as the number written on such counter- foil.— (B. A., rr. 43, 64). Ap. xlvii.-ix. [ 209 ] X/1 Cl, 0} o H o Eh m O tJ O o M Q 9 !^ 5.S c2 o o CO d o o O , (D 1—1 3g> o o ftocc 2 r-l X 3. < o O Hi 0) o a: o -.'Ha ■ -« o n oil < s bo o ■ . '■- ° „• ?i '^ ^ a a . bJj ^A . a . a !3 o o . c3 H P p. s^ !>. g^pjjj^''; "S,. ^o ^^. . . ^■S ■ .--^ aooRfiPWWfeOOOMMMWWMMi-li-it-li-:ii-^i-f o a o 01. bljSM) a p a OOP >» o 5 t; R 1=1 S w &^a ^ o cS Sa ts a a"? >. a ti S rt^ a ■^i-rs^^jzi wt,i^svz^^-^:zi a as t»i=!Tl i- hVj w a ^ pt<^~— Pc3c:c5rtc;i;.-ir;-c30. (13 A 14 Vict., c. G9). An Act furtlier to explain and amend the Acts for the Regidation of Municijjal Cor])iJi';iti(in8 in England and Wales and [iclim.l, 18r)2. (1.5 & IG Vicfc., c. 5). An Act to aiiieud the Laws relating to (ho Valuation of Rateable Property in Ireland, 1852. (15 & IG Vict., c. 03), list Qf Statutes:. in Carrnpt Practices Prevention Act, 1854, (17 & 18 Vict., e, 102). The Towns Improvement (Ireland) Act, 1854. (17 & IB Vict., c. 103). The Munlcipd Elections Act, 1859. (22 Yiot., o. 35). The Picpresentation of the People (Ireland) Act, 18G8, (31 & 32 Viet., 0. 112). An Act to amend the Law relating to the legal condition of Aliens and British Bubjects, 1870. (33 & 44 Vict,, c. 14). An Act to abolish forfeiture for Treason and Felony, and to otherwise amend the Law relating thei'oto, 1870. (33 & 34 Viot., c. 20). The Local Government (Ireland) Act, 1871. (34 & 35 Vict., c. 109). The Ballot Act, 1872. (35 & 36 Vict., c. 33). The Debtor's (Ireland) Act, 1872. (35 & 36 Vict., c. 57\ The CoiTiipt Practices (Municipal Elections) Act, 1872. (35 k 36 Vict., c. 60). The Mnnicipal Elections Act, 1875. (38 k 39 Vict., c. 40). Tho Mnnioipal Privilege Act (Ireland), 1875. (39 k 40 A'ict., c. 76). The Public Health (Ireland) Act, 1878 (41 k 42 Vict., c. 52). The Municipal Elections (Ireland) Act, 1 879. (42 & 43 Vict., c. 5.3). The Town Councils and Local Boards Acts, 1880. (43 Vict., c. 17). Statutes (definition of time) Act, 1880. (43 .t 4 t Vict., c. 19). The Bankruptcy Act, 1883. (46 k 47 Vict., c. 52). The Municipal Voters Relief Act, 1885. (48 Vict., c. 9). The Elections (Hours of Poll) Act 1885. (48 Vict., c. 10). The Modical Belief Disrpuilification Beraoval Act, 1385. (48 & 49 Vict., c. 46). Tlie Pul)lic Podies Cornijit Pi-actices Act, 1889. (52 k 53 Vict,, c. 69). 2 1 2 Miiniapal Elections ?;/ Ireland. Special or Local Acts : — The Eathmines Iiupioveineut Act, IS 17. (10 iV- 11 Vict., c. ciiii.) The Dublin Iiiiprovemeut Act, 1849.* (12 cV- 1 3 Vict., c. 8o). The Gahvay Town Iiuprovcmeut Act, 1853. (16 A 17 Vict., c. cc.) The llatlimiues and IJathgar Iiuproveiiieut Act, 1862. (25 Vict., c. XXV.) The Pembroke Township Act, 1863. (26 k 27 Vict., c. Ixxii.) The Blackrock Township Act, 1863. (26 k 21 Vict., 0. cxxi.) The B)-ay Township Act, 1806. (29 k 30 Vict., c. cclix.) The Dalkey Township Act, 1867. (30 k 31 Vict., c. cxxxiv). The New Kilmaiuhaiii Township xVct, 1868. (31 (fe32 Vict., c. ex.) The Clontarf Township Act, 1869. (32 k 33 Vict., 0. Kxxv.) The Township of Kingstown Act, 1869. (32 k 33 Vict., c. cxxxiii.) The Enuiskillen Borough Improvement Act, 1870. (33 al ilegistration (Dublin and Belfast) Act, 1891, (54 & 55 Vict., c. ) •^ lu the revised editioa of the Statutes this Act has been treated as a local and tteraoaal one. APPENDIX. ERRATA. Appendix, p. xxxiv. Footnote : — Read "The first portion of section 6 " instead of " Section G." APPENDIX. COMMISSIONERS CLAUSES ACT, 1847. (10 Vict., c. 16.) III. The following words and expressions, Lotli in this and the special Act, and any Act incorporated thex*ewith, shall have the several meanings hei'eby assigned to them, unless there be some- thing in the subject or the context repugnant to such construction; (that is to say,) Words importing the singular number only shall include the plural number ; and words importing the plural number only shall include the singular number : Words importing the masculine gender only shall include females : The word " Person " shall include a corporation, whether ag- gregate or sole : The word "Lands" shall extend to messuages, lands, tene- ments, and hereditaments or heritages of any tenure : The word " Month " shall mean calendar month : The expression *' Superior Courts," where the matter submitted to the cognizance of the court arises in England or Ireland^ shall mean Her Majesty's Superior Courts of Record at West- minster or Dublin, as the case may requii'e, and shall include the Court of Common Pleas of the County Palatine of Lan- caster and the Court of Pleas of the County of Durham ; and where such matter arises in Scotland shall mean the Court of Session : The word " Oath " shall include affirmation in the case of Quakers, and any declaration lawfully substituted for an oath in the case of any other persons allowed by law to make a declaration instead of taking an oath : The expression " the Clerk " shall mean the Clerk of the Com- missioners, and shall include the word " Secretaiy ": The expression " the Town " shall mean the town or district named in the special Act within which the powers of the Commissioners are to be exercised. With respect to the qualification of Commissioners, be it enacted as follows : — VI. Where by the special Act the qualification of the Commis- sioners is made to depend upon their being rated in respect of property of a given amount, then if two or more persons be jointly rated in respect of any property, each of such persons shall, sub- ject to the pro-\dsions herein and in the special Act contained, be eligible to be chosen a Commissioner, provided the property in respect of which such persons are rated be of a rateable yearly a2 iv Commissioners Clauses Act y 1847. value, wliich, when divided by the number of persona sc rated, will give to each a sufficient vateal)le yearly value according to the provisions of this and the special Act. VII. Tlie same propeity shall not at the same time give a qualification as Commissioner to one person as the owner, and to another as the occupier thereof. VIII. No bankiujjt or insolvent, or person not qualified as required by the special Act, shall be ca])able of being or continuing a Commissioner. IX. Any ])erson who at any time after his appointment or election as a Commissioner shall accept or continue to hold any office or place of profit, under the special Act, or be concerned or participate in any manner in any contract, or in the profit thereof or of any work to be done under the authority of such Act, shall thenceforth cease to be a Commissioner, and his office shall thei'eupon become vacant. X. Provided always, that no jierson being a shareholder or member of any joint stock com[)any established by Act of Parlia- ment, shall be prevented from acting as a Commissioner by reason of any contract entered into between such company and the Commissioners ; but no such Commissioner, being a member of such company, shall vote on any (juestion relating to the execution of this or the special Act in which such company is interested. XI. A person shall not be incapable of acting as a Justice of the Peace in the execution of tliis or the special Act, with reference to the levying of any penalty thereunder, by reason of Iiis being a Commissioner. XII. No person shall be capable of acting as a Commissioner, except in administering the declaration hereinafter mentioned, until liu shall have made and signed, before one of the Commis- sioners, a declai'ation to the effect following : — '■ I, A. B., do soluiniily declare, that I will faithfully and impartially, according to the best of iny skill and judgment, execute all tiie powers and authorities reposed in nie as a Commissioner, hy virtue of the [/;e)'e name, the special AcC\, and also that 1 \Jiere set forth a statenieut of the possession of the qualijication required by the sjyecial Act in the terms thereof^." XIII. Any person who shall falsely or corru])tly make and subscribe the declaration aforesaid, knowing the same to be untrue in any material pai'ticular, shall be deemed guilty of a mi.s- demeanour, or in Scotland shall be deemed guilty of i)erjiu'y. XIV. Every person elected or appointed a Commissioner shall, at the meeting of Commissioners at which he first attends as a Connnis- sioner, make and subscribe the declaration herein required ; and any Commissioner, whether he himself have made such declara- tion or not, may administer such declaration. XV. Every person who shall act as a Commissioner, being in- capacitated or not duly qualified to act, or before he has made or subsci'ibed such declaration as aforesaid, or after having become lo Vzct., c. 1 6. V disqualified, shall for every sueli offence be liable to a penalty of fifty i)ounds ; and such penalty may be recovered by any person, with full costs of suit, in any of the superior courts ; and in every such action, the person sued shall prove that at the time of so acting he was qualified, and had luade and subscribed the declara- tion aforesaid, or he shall pay the said penalty and costs without any other evidence being required from the plaintiff than that such person had acted as a Commissioner in the execution of this or the special Act ; nevertheless all Acts as a Commissioner of any person incapacitated, or not duly qualified, or not having made or subscribed the declaration aforesaid, done previously to the recovery of the penalty, shall be as valid as if such person had been duly qualified. XVI. Every Commissioner who for the space of six months after his appointment neglects to make and subscribe the declara- tion herein-before required, or who for six months in succession is absent from all meetings of the Commissioners, and to act in the execution of this and tlie special Act, shall be deemed to have refused to act, and shall cease to be a Commissioner. And with respect to the election and rotation of the Commis- sioners, where the Commissioners are to be elected by the rate- payers or other like class of electors, be it enacted as follows : XVII. Where by the special Act it is provided that the Com- missioners shall be elected by the ratepayers within the town, or other like class of electors, the first body of Commissioners, whether appointed by the special Act, or elected under the pro- visions of this and the special Act, shall go out of office according to the prescribed rotation and at the prescribed times, and where no i-otation or time of going out of office is prescribed, they shall go out of oflice by rotation in the following manner ; (that is to say,) on the first Thursday in the month of September in the year following that in which the special Act is passed, one-third of such body of Commissioners shall go out of office, and on the first Thursday in September in the following year another thii'd of such body of Commissioners shall go out of office, and on the fii'st Thursday in September in the year following the remainder of such body of Commissioners shall go out of office, and on the first Thursday in the month of September in every subsequent year, one- third of the Commissioners, being those who have been longest in office, shall go out of office ; and in each instance, the places of the retiring Commissioners shall be supplied by the election of a like number of Commissioners in the manner herein or in the special Act provided : Provided always, that if the prescribed number of Commissioners be some number not divisible by three, and the number of Commissioners to retire be not prescribed, the Commissioners shall in each case determine what number of Commissioners, as nearly one-thiid as may be, shall go out of office, so that no Commissioner shall remain in office longer than, three years without being re-elected. vi Couiuiissioners Clauses Acf, 1847. XVIII. Every Comniissioner going out of office by rotation, or otherwise ceasing to be a Commissioner, may l)e re-elected ; and after such re-election he shall, with reference to going out by rotation, be considered as a new Commissioner. XIX. If any of the Commissioners die or resign, or be dis- qualitied, or cciise to be a Commissioner from any other cause than that of going out of office by rotation, the remaining Com- missioners, if they think fit, may, within one month from the ha])pening of such vacancy, elect another Commissioner in hi.s place ; and every Commissioner so elected shall continue in office only so long as the person in whose place he is elected would have been entitled to continue in office. XXII. Whei-e the appointment of the returning officer to act at the election of Commissioners is not provided for by the special Act, the chairman of the Commissioners shall be the returning officer ; and if the Commissioners are to be elected for wards, the said chairman shall act as the presiding officer at the election for the ward for which he was elected a Commissioner^ and he shall appoint some other Commissioner for each of the other wards to be the ])residing officer at the election for such Avard ; and in case of the death of any such presiding officer, or of his declining or becoming incapable to act, the Commissioners shall appoint another of their body to be the presiding officer in the place of the ]ierson so dying or declining, or becoming incapable to act ; and the clerk to the Commissioners shall, two days at least before each election, by advertisement, placards, or otherwise, give pub- lic notice of every such appointment. *[XXIV. Where by the special Act the owners of pi'operty and ratepayers are entitled to vote in the election of the Commis- sioners, and no scale of voting is prescribed, every such owner and ratepayer shall have respectively the same number and jiroportiou of votes according to the scale following ; (that is to say,) If the property in respect of which he is entitled to vote be rated upon a rateable value of less than fifty pounds, he shall have one vote : If such rateable value amount to fifty pounds and be less than one hundred pounds, he shall have two votes : If it amount to one hundred pounds and be less than one hundred and fifty poimds, he shall have three votes : If it amount to one hundred and fifty pounds and be less than two hundred pounds, he shall have four votes : If it amount to two hundred pounds and be less than two hundred and fifty pounds, he shall have five votes : And if it amount to or exceed two hundred and fifty pounds, he shall have six votes.] * Expressly excepted from incorporation by Towns Improvement Act, 1854, »ec. 24. 10 Vt'c^., c. 1 6. vii XXV. Where by the special Act, the Commissioners are directed to be elected for wards, every person entitled to vote in the election of Commissioners shall vote for Commissioners for that ward only wdierein the propei'ty or part thereof in respect of which his name appears in the rate book is situate ; and if any person be rated in respect of pi'operty situate in more than one ward, he may vote for Commissioners for any one of such wards ; but having so voted he shall not afterwards, at the same election, vote for a Commissioner for any other ward, and any vote so afterwards given by him shall be void. *[XXVIJ. If the qiialification of the electors of the Com- missioners depend upon the rates payable by such electors, the Returning Officer may summon the ovei'seers or inspectors of the pool', collectors, and other officers employed in the assessment or collection of the rates, to attend th'.; election in order to assist in ascertaining that the persons presenting themselves to vote, or who have voted, are or were duly qualified to vote at such election ; and such overseers or inspectors, rate collectors, or other officers, shall attend with the rates and such other documents necessary for the purpose aforesaid as may be in their custody or power, at such places and at such times as the Returning Officer may direct, and shall answer all such questions as any presiding officer at the poll shall put to them respecting the title of any person to vote at the election ; and any overseer or inspector, rate col- lector, or other officer who shall wilfully neglect or fail to perform the duties hereby imposed upon him, shall for such neglect or failure be liable to a penalty not exceeding twenty pounds.] tXXVIII. * * * * * * The presiding officer shall, if he thinks fit^ or if he be required so to do by any person entitled to vote at the said election, put to any voter at the time of his delivering in his voting paper the following questions, or either of them : + ******■)(■ + 2. Have you already voted at the present election % [o?-, if the Town he divided into Wards,^ Have you already voted for Commissioners to be elected for this or any other ward ot the present election 1 And no person requii-ed to answer either of the said questions shall be permitted or qualified to vote until he has answered the same; and if any person wilfully make a false answer to either of the questions aforesaid he shall be deemed guilty of a misde- meanor, or in Scotland shall be deemed guilty of perjury. * This section is repealed by the Ballot Act, schedule VI. ■f The first part of this section is repealed by Polls Hours Act, 1885, and the Ballot Act, schedule VI. X This portion of the section specifyhig the first queotion repealed by the Ballot Act. * viii Com>nissioners Clauses Act, 1847. *[XXIX. The presiding officer, at any place of voting, may close the voting or poll at any time l^efore four of the clock, if one hour have elapsed during which no voting paper has been tendered at such place of voting.] tXXX. After the close of the poll » * * * so many of such pei-sons, being not moi'e than the number of persons then to be chosen for the town or for each ward, as the case may be, and having the prescribed qualification, as shall have the greatest number of votes shall be deemed to be elected ; and in case of an equality in the number of votes for any two or more such persons, the pi-esiding officer shall, if necessary to pre- vent an excess in the number of Commissioners, decide by lot which of such })ersons shall be elected ; and the presiding officer shall, not later than two of the clock in the afternoon of the day next but one following the day of such election, unless such day be Sunday, and then on the day following, pul>lish a list of the names of the persons so elected, and he shall also send a notice to each person so elected, informing him of his being elected a Commissioner. XXXII. If any person be elected a Commissioner in more than one ward, he shall, within three days aft(.'r notice thereof, choose, or in default thereof the Commissioners at their next meeting shall declai'e, for which one of the wards such Commissioner shall serve, and he shall thereupon be held to be elected in that ward only which he shall so choose or which the Commissioners shall so declare, and shall cease to be a Commissioner for any other ward. XXXIII. If fiom any cause, no election take j)laceon the day appointed for the same either for the town or for any ward, the election shall stand adjourned until the same day of the following week, and the Returning Officer shall give net less than three days' previous notice thereof l)y advertisement, or by placards affixed in public places in the town ; and in such case, the Com- missioners who would on that day have retired from office by rotation shall continue in office until such adjourned election takes place. XXXIV. No election of Commissioners shall be liable to be questioned by reason only of any defect in the title, or any want of title, of the person by or before whom such election shall have been held ; provided that such person have been actually appointed to preside, or have been acting in the office giving the right to preside at such election. XXXV. All expenses of or incident to any election incurred by the Returning Officer or presiding officer shall be repaid to them by the Commissioners out of the moneys arising from the rates • Repealed by Polls Hours Act, 1885. f First part of this section repealed by the Ballot Act, schedule VI. lo Vkt., c. i6. ix authorized to be levied for the purposes of tlie s|)ecial Act ; aud all overseers and other parochial officers or other pei'sons shall be, in like manner paid a reasonable i-eniuneration for attendance at the election with rate books, and for any other services performed in relation to such election ; and any dispute respecting the amount of such remuneration shall be determined by a justice, or by the sheriff, who shall have power also to fix the costs attending such determination, and to order by whom the same shall be paid. And loith respect to the meetings and other proceedings of the Commissioners, and their liabilities, be it enacted as follows ; — XXX YII. At the first meeting of the Commissioners, they shall, by the majoi'ity of the votes of the Commissioners present, elect one of their b'xly to be their Chairman until the next annual meeting of the Commissioners, when, and at every subsequent annual meeting, the Commissioners shall in like manner elect a Chairman for the ensuing year ; and in case the Chairman die, or resign, or cease to be a Commissioner, or otherwise become dis- qualified to act as such, the Commissioners present at the meeting next after the occurrence of such vacancy shall choose some other of tlieir body to fill such vacancy, and the Chairman so elected shall continue in office so long only as the person in whose place he was elected would have been entitled to continue Chainnan ; and if at any meeting of the Commissioners the Chairman be not present, one of the Commissioners present shall be elected Chair- man of such meeting by the majority of the votes of the Commissioners present at such meeting. XXXVIII. At all meetings of the Commissioners, the questions there considered shall be decided by the votes of the majority present, and if there be an equal division of votes upon any question, the Chairman or Commissioner acting as Chairman at such meeting shall, in addition to his own vote as a Commissioner, have a second or casting vote : Provided always, that if at any such meeting there be an equality of votes in the election of the Chair- man, it shall be decided by lot which of the Commissioners having an equal number of votes shall be the Chairman : Provided also, that at every annual meeting the Chairman going out of office at that meeting shall, if present and willing to act, be the Chairman of such meeting. TOWNS IMPROVEMENT CLAUSES ACT, 1847. (10 & 11 Vict., c. 34.) 174. The Commissionei's may from time to time amend any rate made by virtue of this or the special Act by inserting therein the name of any person claiming and entitled to have his name therein as owner or occupier, or by inserting therein the name of any person who ought to have been rated, or by striking out the name of any person who ought not to have been rated, or by raising or X 10 a fid 1 1 llct , c. 34. reducing the sum at wbicli any person has been rated if it appear to them tliat such person Ims been under-rated or ovei'-rated, or by making such other amendments therein as will make such rate conformable to this and the special Act, and no such amend- ment shall be held to avoid tlie rate : Provided always, that every person aggrieved by any sucli altei-ation shall have the same right of a]tpoal therefrom as he would have had if his name had been originally inserted in stich rate, and no such alteration had been made ; and as respects such person, the rates shall be considered to have been made at the time when lie received notice of such alteration ; and cvcr}'^ person whose rates are altered shall be entitled to seven days' notice of such alteration before the rate shall be payable liy him. 175. The annual value of all property rateable under this or the special Act shall be ascertained according to the next preced- ing assessment for the relief of the poor within the limits of the special Act, except in such cases as are hereinafter mentioned. 178. The Connnissioners or any person by them authorized, may from time to time inspect any of the rates for the relief of the poor in any parish, townshi}), or other district within the limits of the special Act, and the books in which are contained all the assessments by which the same are made, and may take copies thereof or extracts therefrom respectively ; and any person having the custody of such rates or assessments who does not sufler the Commissioners, or any person authorized by them, to inspect the same at i-easonable times, or to take copies thereof or extracts therefrom, shall be liable to a penalty not exceeding five pounds for every sucli oftcnce. 181. The owners of all rateable property, of which the full net annual value does not exceed tlie prescribed sum, or (where no sum is prescribed) the sum of ten pounds, or which are let to weekly or monthly tenants, or in separate a})artmcnts, shall be rated to and pay the rates by this or the special Act directed to be made, instead of the occupiers thereof. 184. Provided also, that the occu) tiers of any rateable property, being tenants thereof from year to year, ma}'- demand to be assessed for the same, and to pay the rates in respect tliereof made under the authority of this or the special Act ; and the Commis- sioners shall assess every such occupier so long as he duly pays the said )-ates. (13 k 14 Vict., c. G9.) An A<:t to amend tJic laws which regulate the qualification and registi'ation of Parliamentary Voters in Ireland, and to alter the law for rating immediate lessors of premises to the Poor rate in certain Boroughs. [14th August, 1850]. 88. That in all elections whatever of a member or members to serve in Parliament for any county, or for any city, town, or 13 and 14 X^ict., c. 69. xi borough iu IrelautI, lioklcu aftei' the fifteenth day of March, one thousand eight hundred and fifty-one, no inquiry shall be per- mitted at the time of polling as to the right of any pei-son to vote, nor any objection thereto made or received by any returning officer or his deputy, except only as follows ; (that is to say) that the returning officer or his respective deputy shall, if required on behalf of any candidate, put to any voter at the time of his tendering his vote, and not afterwards, the following questions, or either of them : — 1, "Are you the same person whose name appears as A. B. on the I'egister of voters now in force for the county of [or for the city, or town, or borough of as the case may be] 1 " 2. " Have you already voted, either here or elsewhere, at this election for the county of [or for the city, or town, or borough of as the case may be] ? " And if any person shall wilfully make a false answer to either of the questions aforesaid, he shall be deemed guilty of a mis- demeanour, and shall and may be indicted and pimished accordingly ; and the returning officer or his deputy, or a Com- missioner or Commissioners (whom the returning officer is hereby authorized, if he shall think fit, to appoint for that purpose), shall, if required on behalf of any candidate at the time aforesaid, administer an oath, or (iu the case of a Quaker, Moravian, or Separatist) an affirmation, to any voter in the following form : " You do swear [or affirm, as the case may be] that you are the same person whose name appears as A. B. on the register of voters now in force for the county of [or for the city, or town, or borough of as the case may be], and that you have not before voted, either here or else- where, at the present election for the county of [or for the city, or town, or borough of as the case may be]. "So help you God." 89. That, save as afoi-esaid, it shall not be lawful to require any voter at any election whatever of a member or members to sei-\^e in Parliament [holden after the fifteenth day of March, one thousand eight hundred and fifty-one*], to take any note or affimiation, either in proof of his freehold, occupation, or of his residence, age, or other qualification or right to vote, or of his qualification continuing, or of his not owing any cesses, rates, or taxes whatsoever, any law or statute, local or general, to the contrary notwithstanding, nor to reject any vote tendered at such election by any person Avhose name shall be upon the register of voters in force for the time being, except by reason of its appearing to the returning officer or his deputy, upon putting such questions as aforesaid or either of them, that the person so claiming to vote is ♦Repealed by Statute Law Revision Act, 1878. xii 13 dud 14 Vict., c. 69. not tlie Sinnc person whose name appears on such register its afore- said, or tliat he had previously voted at the same election, or except by I'easoii of such person refusing to answer the said questions or eitlicr of them, or to take the said oath or to make the said atlirmation, or to take or make tlie oath or aHirmation against ])ribery ; and no scrutiny shall hereafter be allowed by or -before any returning officer with regard to any vote given or tendered at any such election, any law, statute, or usage to the contrary notwithstanding. 90. That if at any election of a member or members to serve in Parliament for any county, city, town, or borough in Ireland, holden at any time after the fifteenth day of March, one thousand eight hundred and fifty -one, any person shall knowingly personate and falsely assume to vote in the name of any other person i-egistered under the provisions of the said recited Act to amend the representation of the peojile of Ireland, or whose name appears on the register of voters then in force for any such county, city, town, or borough, whether such other person shall then be living or dead, or if the name of the said other person be the name of a fictitious person, every such i)erson shall be guilty of a misde- meanour, and on being convicted thereof shall be punished by imprisonment for a term not exceeding two year's, together with hard labour. 91. That every person who shall aid, abet, counsel, or procure the commission of any such last-mentioned misdemeanor shall be liable to be indicted and punished as a principal offender. 92. And for the more effectual detection of the personation of electors at elections, be it enacted, that it shall be lawful for any candidate at any election of a member or members to serve in Parliament for any county, city, town, or borough (holden aft«r the fifteenth day of March, one thousand eight hundred and fifty- one), previous to the time fixed for taking the }ioll at such election, to nominate and appoint an agent or agents in his behalf, to attend at each or any of the booths appointed for taking the [toll at such election, for tlie purj)Ose of detecting personation ; and such candidate shall give notice in writing to the returning officer or his respective deputy of the name and address of the person or persons so app(jinted by him to act as agents for such purpose, and thereupon it shall be lawful for every such agent to attend during the time of polling, at the booth or booths for which he shall have been so appointed. 93. That if at the time any person tenders his vote at such election, or after he has voted, and before he leaves the polling Vjooth, any such agent so appointed as aforesaid shall declare to the retui'ning officer or his respective deputy presiding therein, that he verily believes and undertakes to prove, that the said person so voting is not, in fact, the person in whose name he assumes to vote, or to the like effect, then, and in every such 13 (ind 14 /^7f/., c. 69. xiii case, it shall be lawful for the said returning officer or his said deputy, and he is hereby required immediately after such person shall have voted by word of mouth to order any constable or other peace officer to take the said person so voting into his custody, Avhich said order shall be a sufficient warrant and authority to the said constable or peace officer for so doing : Provided always, that nothing herein contained shall be construed or taken to authorise any returning officer or his deputy to reject the vote of any person who shall answer in the affirmative the questions authorised by this Act to be put to him at the time of polling, and shall take the oaths or make the affinnations authorised and required of him, but the said returning officer or his deputy shall cause the words " protested against for personation " to be placed against the vote of the person so charged with personation when entered in the poll book. 94. That every such constable or peace officer shall take the person so in his custody, at the earliest convenient time, before some two justices of the peace acting in and for the county, city, town or borough within which the said person shall have so voted as aforesaid : Provided always, that in case the attendance of two such justices as aforesaid cannot be procured within the sjiace of three hours after the close of the poll on the same day on wliich such pei'son shall have been so taken into custody, it shall be lawful for the said constable or peace officer, and he is hei-eby required, at the request of such person so in his custody, to take him before any one Justice of the Peace acting as aforesaid ; and such Justice is hereby authorised and required to liberate such person, on his entexing into a recognizance, with one sufficient surety, conditioned to appear before any two such justices as aforesaid, at a time and place to be sjiecified in such recognizance, to answer the said chai'ge ; and if no such justice shall be found within four hours after the closing of the said poll, then such person shall forthwith be dischai'ged from custody : Provided also, that if, in consequence of the absence of such justices as aforesaid, or from any other cause, the said charge cannot be inquired into within the time aforesaid, it shall be lawful nevertheless for any two such justices as aforesaid to inquire into the same on the next, or on some other subsequent day, and, if necessary, to issue their warrant for the apprehension of the person so charged. 95. That if, on the hearing of the said charge, the said two justices shall l)e satisfied, upon the evidence on oath of not less than two credible witnesses, tliat the said person so brought before them has knowingly personated and falsely assumed to vote in the name of some other person within the meaning of this Act, and is not in fact the peison in whose name he voted, then it shall be lawful for the said two justices to commit the said offender to the gaol of the county, city, town, or borough within which the xiv 13 and 14 [Vr/., c. 69. t)ffence ^vas committed, to take Ids trial according to law, and to bind over the witnesses in their respective recognizances to appear and give evidence on such trial, as in the case of other mis demean oifi. 9G. That if the said justices shall, on the hearing of the said charge, bo satisfied that tlie said person so charged with persona- tion, is really and in truth the person in whose name he voted, and that the charge of personation luis been made against him without reasonable or just cause, or if the agent so declaring as aforesaid, or some one on his behalf, shall not appear to support such charge before the said justices, then it shall be lawful for the said justices, and they are hereby I'equired to make an order in writing under their hands on the said agent so declaring :is afore- said to pay to the said person so falsely charged, if he shall consent to accept the same, any sum not exceeding the sum of ten pounds nor less than five pounds by way of damages and costs ; and if the said sum shall not be })aid within twenty-four hours after such order shall have been made, then the same shall be levied, by warrant under the hand and seal of any justice of the peace acting as aforesaid by distress and sale of the goods and chattels of the said agent; and in case no suHicient goods or chattels of the said agent can be found on which such levy can be made, then the same shall be levied in like manner on the goods and chattels of the candidate by whom such agent was so appointed to act ; and in case the said sum shall not b{> paid or levied in the manner afoiesaid, then it shall be lawful for the said pei"Son to whom the said sum of money was so ordex'cd to be paid to recover the same from the said agent or candidate, by civil bill, or, with full costs of suit, in an action of debt to be brought in any one of Her Majesty's superior courts of Record at Dublin : Provided always, that if the person so falsely charged shall have declai-ed to the said justices his consent to accept such sum as afoi'esaid by way of damages and costs, and if the whole amount of the sum so ordered to be paid shall have been paid or tendered to such person, in every such case, but not otherwise, the said agent, candidate, and every otlier person shall be released from all actions or other })ro- ceedings, civil or criminal, for or in respect of the said charge and a})prehension. 07. That it shall and may be lawful for the high sheriff of any county, and for the mayor or returning officer of any city, town, or borough, and he and they are hereby required, for the purposes aforesaid, to provide a sufficient attendance of constables or 2)eace officers in each booth at the difterent ])olling places within their respective counties, cities, towns, or boroughs. XV THE CORRUPT RRACTICES PREVENTION ACT, 1854. (17 & 18 Vict., c. 102.) II. The following persons shall be deemed guilty of bribery, and shall be punished accordingly : 1. Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, give, lend, or agree to give or lend, or shall offer, promise, or promise to pi'ocure or to endeavour to procure, any money, or valuable consideration, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce any voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of such voter having voted or refrained from voting at any election : 2. Every person who shall, dii'ectly or indirectly, by himself or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to pro- cure or to endeavour to pi'ocure, any office, place, or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted or refrained from voting at any election : 3. Every person who shall, directly or indirectly, by himself, or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement as aforesaid, to or for any person, in order to induce such person to procure^ or endeavour to procure, the return of any person to serve in Parliament, or the vote of any voter at any election ; 4. Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure or engage, promise, or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election : 5. Every person who shall advance or pay, or cause to be paid, any money to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or who shall knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bi'ibeiy at any election : And any person so offending shall be guilty of a misdemeanor, and in Scotland of an offence punishable by fine and imprisonment, and shall also be liable to forfeit the sum of one hundred pounds to any person who shall sue for the same, together with full costs of x\i TJie Corrupt Practices Prevention Act, 1S54. suit : Provided always, tliat tlie aforesaid enactment shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal exj)ense3 bond Jide incurred at or concerning any election. III. The following persons shall also be deemed guilty of bribery, and shall be punishable accordingly : 1. Every voter who shall, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place, or employment, for himself or for any other person, for voting or agreeing to vote, or for refraining or agreeing to I'efrain from voting, at any election : 2. Every person who shall, after any election, directly or in- directly, by himself or by any other person on his behalf, receive any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other pei-son to vote or to refrain from voting, at any election : And any person so offending shall be guilty of a misdemeanor and in Scotland of an offence punishable by fine and imprisonment, and shall also be liable to forfeit the sum of ten pounds to any person who shall sue for the same, together with full costs of suit. IV. Every candidate at an election, who shall corruptly by him- self, or by or with any person, or by any other ways or means on his behalf, at any time, either before, during, or after any election, directly or indirectly give or provide, or cause to be given or provided, or shall be accessory to the giving or provid- ing, or shall pay, wholly or in part, any expenses incurred for any n)eat, drink, entertainment, or pi'ovision to or for any j)erson, in order to be elected, or for being elected, or for the purpose of corruptly influencing such person or any other person to give or refrain from giving his vote at such election, or on account of such pei'son having voted or refrained from voting, or being about to vote or refrain from voting, at such election, shall be deemed guilty of the offence of treating, and shall forfeit the sum of fifty pounds to any person who shall sue for the same, with full costs of suit; and every voter who shall corruptly accept or take any such meat, drink, entertainment, or provision, shall be incapable of voting at such election, and his vote, if given, shall be utterly void and of none ellect. V. Every person who shall, directly or indirectly, by liiraself, or by any other person on his behalf, make use of, or threaten to make use of, any force, violence, or restraint, or inflict or threaten the infliction, by himself or by or through any other pei-son, of any injury, damage, harm, or loss, or in any other 17 and i8 Vict.^ c. 102. xvii manner pi'actice intimidation upon or against any person in order to induce or compel snch person to vote or refrain from voting, or on account of sucli person having voted or refrained from voting, at any election, or who shall, by abduction, duress, or any fraudulent device or contrivance, impede, prevent, or other- wise interfere with the free exercise of the franchise of any voter, or shall thereby compel, induce, or prevail upon any voter, either to give or to refrain from giving his vote at any election, shall be deemed to have committed the offence of undue influence, and shall be guilty of a misdemeanor, and in Scotland of an oflence punishable by line or imprisonment, and shall also be liable to forfeit tlie sum of fifty pounds to any person who shall sue for the same, together with full costs of suit. VI. Whenever it shall be proved before the revising bai-rister that any person who is or claims to be placed on the list or register of voters for any county, city, or borough has been convicted of bi'ibery or iindue influence at an election, or that judgment has been obtained against any such person for any penal sum hereby made recoverable in respect of the offences of bribery, ti-eating, or undue influence, or either of them, tlien and in that case such re- vising barrister shall, in case the name of such person is in the list of voters, expunge the same therefrom, or shall, in case such person is claiming to have his name insei-ted therein, disallow such claim ; and the names of all persons whose names shall be so ex- punged from the list of voters, and whose claims shall be so dis- allowed, shall be thereupon inserted in a separate list, to be entitled " the list of persons disqualified for bribery, treating, or undue influence," which last-mentioned list shall be appended to the list or register of voters, and shall be printed and published therewith, wherever the same shall be or is required to be printed or published. VII. No candidate before, during, or after any election shall iu regard to such election, by himself or agent, directly or indirectly, give or provide to or for any person having a vote at such election, or to or for any inhabitant of the county, city, borough, or place for which such election is had, any cockade, ribbon, or other mark of distinction ; and every person so giving or providing shall for every such offence forfeit the sum of two pounds to such person as shall sue for the same, together with full costs of suit ; and all payments made for or on account of any chau-ing, or any such cockade, ribbon, or mark of distinction as aforesaid, or of any bands of music or flags or banners, shall be deemed illegal pay- ments within this Act. VIII. No person having a right to vote at the election for any county, city, borough, or other place shall be liable or compelled to serve as a special constable at or during any election for a member or members to serve in Parliament for such county, city, borough, or other place, unless he shall consent so to act ; and he B x\-iii TJie Corrupt Practices Prcvcjition Act, 1854. shall not be liable to any fine, penalty, or jiunislunent whatever for rofusinc; so to act, any statute, law, or usage to the contrary notwithstanding. IX. The pecuniarj- penalties lun-eby imposed for the ofTcnces of bribery, treating, or undue influence respectively shall be recover- able by action or suit by any person who shall sue for the same in any of Her Majesty's sujicrior courts at Westwinstcr, if tiie offence be committed in Fnylmul or Wales, and in any of Her Majesty's superior courts in DiMin if the offence be committed in Ireland, and in or before the Court of Session if the offence be committed in Scotland, and not otherwise. X. It shall be lawful for any criminal court, before which any prosecution shall be instituted for any offence against the jiro visions of this Act, to order payment to the prosecutor of such costs and expenses as to the said coui't sliall appear to have been reasonably incurred in and about the conduct of such prosecution: Provided always, that no indictment for bribery or undue inffuenco shall be triable before any Coui-t of Quarter Sessions. [Section XI. repealed by Ballot Act]. XII. In case of any indictment or information by a i)rivato prosecutor for any offence against the provisions of this Act, if judgment shall be given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the defendant by reason of such indictment or information, such costs to be taxed by the proper officer of the court in which such judgment shall be given. XIII. It shall not be lawful for any court to order payment of the costs of a prosecution for any offence against the j)rovisions of this Act, unless the prosecutor shall, before or upon the finding of the indictment or the granting of the information, enter into a recognizance, with two sufficient sureties in the sum of two hundred pounds (to be acknowledged in like manner as is now required in cases of writs of certiorari awarded at the instance of a defendant in an indictment), with the conditions following ; that is to say, that the prosecutor shall conduct the prosecution with effect, and shall pay to the defendant or defendants, in case he or they shall be acerson shall be sum- moned or otherwise served with writ or process witliin the same space of time, so as such smnmons or service of writ or process shall not be prevented by such ])erson absconding or withdrawing out of the jurisdiction of the court out of which such writ or other procesH shall have iflsued ; and in case of any euch proeecution, suit, 17 and i8 Vict., c. 102. xlx or process as aforesaid, the same shall be proceeded with and carried on without any wilful delay. XXIII. And whereas doubts have also arisen as to whether the giving of refreshment to voters on the diiy of nomination or day of polling be or be not according to law, and it is expedient that such doubts should be removed : Be it declared and enacted, that the giving or causing to be given to any voter on the day of nomination or day of polling, on account of such voter having polled or being about to poll, any meat, drink, or entertainment by way of refreshment, or any money or ticket to enable such voter to obtain i-efreshment, shall be deemed an illegal act, and the person so offending shall forfeit the sum of forty shillings for each offence, to any person who shall sue for the same, together with full costs of suit. XXXV. On the trial of any action for recovery of any pecuniary penalty under this Act, the parties to such action, and the husbands and wives of such parties respectively, shall be competent and compellable to give evidence in the same manner as parties, and their husbands and wives, are competent and compellable to give evidence in actions and suits under the Act of the fourteenth and fifteenth Victoria, chapter ninety-nine, and "The Evidence Amendment Act, 1853," but subject to and with the exceptions contained in such several Acts : Provided always, that any such evidence shall not thereafter be used in any indict- ment or criminal proceeding ixnder this Act against the party giving it. XXXVI. If any candidate at an election for any county, city, or borough shall be declared by any election committee guilty, by himself or his agents, of bribery, treating, or undue influence at such election, such candidate shall be incapable of being elected or sitting in Parliament for such county, city, or borough during the Parliament then in existence. XXXVJI. In citing this Act in any instrument, document, or proceeding, or for any purpose whatsoever, it shall be sufficient to use the expression "The Corrupt Practices Prevention Act, 1854." XXXVIII. Throughout this Act, in the construction thereof, ex- cept there be something in the subject or context repugnant to such construction, the word "county" shall extend to and mean any county, riding, parts, or division of a county, stewartry, or combined counties respectively returning a member or members to serve in Parliament; and the words "city or borough" shall mean any university, city, borough, town corporate, county of a city, coTUity of a town, Cinque Port, district of burghs, or other place or combination of places (not being a county as herein-before defined) returning a member or members to serve in Parliament ; and the word " election " shall mean the election of any member or members to serve in Parliament ; and the words " returning officer " shall apply to any person or persons to whom, by vii-tue b2 XX lotvfis Improvement {Ireland) Act, 1854. of his or their office, \;ncler any law, custom, or statute, the execution of any writ or precept doth or shall l)clong for the election of a member or members to serve in Parliament, by whatever name or tithi such person or persons may be called ; and tlie words "revising barrister" shall extend to and include an assistant barrister and chairman presiding in any court held for the revision of the list of voters, or his deputy in Ireland, and a sheriff or sherill's couit of ajtpeal in Scollaud, and every^ other person whose duty it may be to hold a coui-t for the revision and correction of the lists or registei'S of voters in any part of tlie United Kingdom ; and the word " voter " shall mean any person who has or claims to have a right to vote in the election of a member or members to serve in Parliament ; and the words " candidate at an election " shall include all pei'sons elected as members to seive in Parliament at such election, and all persons nominated as candidates, or who shall have declared themselves candidates at or before such election; and the words "personal expenses," as used herein with respect to the expenditure of any candidate in relation to any election, shall include the reasonable travelling expenses of such candidate, and the reasonable expenses of his living at hotels or elsewhere foi- the purposes of and in relation to such election. TOWNfc^ IMPROVEMENT (IRELAND) ACT, 1854. 17 & 18 Vict., c. 103. I. The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction ; (that is to say,) the word " town " shall mean and include a city, town corporate, borough, market town, or other town in Ireland, contain- inga population of one thousand five hundred inhabitants orupwards, as ascortiiined by their lastpo])ulation returns made pursuant to Act of Parliament ; ***** the word " person," and words applying to any person or individual, shall apply to and include corporations ; the word " householder " shall mean a male occupier of a dwelling-house, or of any lands, tenements, or hereditaments Avithin the prescribed boundaries oi" the town lated to the relief of the poor in respect thereof ; the word " oc;cupier " shall extend to and include an immediate lessor made liable under this Act to assessments in cases of premises of such small annual value as herein-after mentioned respectively in that behalf, and such word " occupier " shall not include a lodger or a party in the occupation as tenant of a furnished house let fora less period than one yea)', but shall include the party by whom such furnished house is so let ; the 1 7 and 1 8 Vict., c. 103. xxi expression " lodging-house " shall mean a house in which lodgers are housed for a less period than one week at a time, at an amount not exceeding four pence/>er head ji?ernight; the word "county" shall include a county of a city or county of a town ; the expi-ession " the Commissioners " shall mean a majority of the Commissioners for the purposes of this Act acting in and for a town by which this Act has been in whole or in 2)art adopted ; the word "lands" and the word " premises" shall include all lands, springs, dwelling-houses, shops, warehouses, vaults, cellars, stables, breweries, manufactories, mills, and other houses and buildings, and yards and places ; the word " street " shall extend to and include an}^ road, bridge, lane, scpiare, court, alley, and thoroughfare or public passage ; the word "oath " shall include affirmation in the case of Quakers, and declaration in the case of persons allowed by law to make a declaration in lieu of an oath ; the word " owner " used with reference to any lands or premises in resjtect of which any work is reqtiired to be done, or any assessment paid under this Act, shall mean the person for the time entitled to receive, or who, if such lands or pi"emises were let to a tenant at a rackrent, would be entitled to receive the racki-ent from the occupier thereof ; the expression " rackrent " shall mean rent which is not less than two-thirds of the full net annual value of the property out of which the rent arises, and the full net annual value shall (save as regards any valuation for poor rates or valuation for assessments under this Act) be taken to be the rent at which the property ought reasonably to be expected to let from 3-ear to year, free from all quit rent, head rent, ground rent, and usual tenants' rates and taxes, and deducting therefrom the probable annual cost of the repairs, insurance, and other expenses (if any) necessary to maintain the same in a state to command such rent ; the expression " lawful day " shall mean a day not being Sunday, Christmas Day, or Good Friday, and when any number of days is appointed by this Act the same shall be construed to mean such lawful days, and be computed inclusive of the first and exclusive of the last of such days ; words importing the singular number shall include the plural number, and words importing the plural numbershall include the singular number; and words importing the masculine gender (except only the word " male ") shall include females. XVI. The Commissioners for the purpose of executing this Act, to be elected as herein provided, shall be in number not less than nine nor more than twenty-one, as may be determined as aforesaid, such number to be divisible by three ; and where the town shall be divided into wards as aforesaid, the number thereof, and the number of Commissioners to be elected, shall be so settled and adjusted that there shall be not less than three such Commis- sioners for each such ward. xxii Toiuns Improvement {^Ireland) Act ^ 1854. XVII. Ill auy town where tlio Act of tlie ninth year of King George tlic Fourth, chapter eighty-two, shall be in force, and b}' which town a])iilication shall be made and proceedings had in manner aforesaid under this Act, then, from and after the first election of Commissioners under this Act for such town, the said Act of the ninth year of King George the Fourth shall be no longer in force therein, save and except as to matters or things theretofore done XIX. From and after the commencement of this Act it shall not be lawful for the Lord Lieutenant of Ireland to order or direct any meeting to be called or convened for the purjiose of carrying the said Act of the ninth year of King George the Fourth, chapter eighty-two, into execution. XXII. At such first and every other meeting for the election of Commissioners in said town as hereinafter prescribed such persons as next hereinafter mentioned shall be admitted and entitled to vote, and no other person whatsoever ; that is to say, eveiy person of full age who is the immediate lessor of lands, tenements, and hereditaments within such town, or within such boundaries of the same respectively as aforesaid, of the value of fifty pounds or upwards according to the last poor law valuation, and who shall reside within five miles of the boundary of such town, also every person of full age who shall have occupied as tenant or owner or joint occupier, or shall have been the imme- diate lessor (rated for such premises to the relief of the poor to the net annual value of four pounds or u])wards, and in tlie case of joint occupiers rated in respect of premises of the net annual value of four pounds or upwards for each of such joint occupiers) of any lands, tenements, or hereditaments within such town, or within such boundaries of the same respectively as aforesaid, and shall have been rated in respect of such premises for the period of twelve months preceding the first day of January in the year in which any such election shall be held, under the Acts for the relief of the destitute poor in Ireland, and shall have paid all such poor rates as aforesaid as shall have become payable by him in respect of such premises and all Grand Jury Rates, and all sucli rates as shall have become payable by him under any Local Act in force in the city or town or under this Act, except such as shall have become payable within six months next pieceding such election ; and of the payment or nonpayment of such rate, a receii)t, certificate, or certified list, under the hand of the collector of poor rate, the barony collector, and the collector under any Local Act in force in the city or town, shall for such purpose be deemed sufhcient evidence, and which certificate or certified list such collectors and barony constables are hereby required to furnish to the person or persons presiding at such election ; and if any controversy sliall arise at such meeting as to the qualification or right to vote of any person claiiuing to 17 (iitii 1 8 Vict., c. 103. xxiii vote or to be qualified, such controversy shall be determined by the pei"son or persons pi'esiding at such meeting upon reference to the rate book, which the Clerk of the Union is hereby required to produce at such meeting. XXIII. The day upon which one-third of the Commissioners elected under this Act shall annually go out of office, as hereinafter provided, shall be the fifteenth day of October in each year, or the next lawful day thereto, and on the same day annually the places of Commissioners going out of office shall be supplied by an equal number of newly elected Commissioners, to be chosen from among the householders or occupiers of the town, qualified to be Com- missioners, as hereinafter presciibed ; and where the town is di\ided into wards, the place of each Commissioner going out of office shall In all cases under this Act be filled up by the ward which returned him : provided always, that if such first election of Commissioners under this Act shall take place before the fifteenth day of October in the year of such election, the Commis- sioners then first elected shall all continue in office until the fifteenth day of October in the year next ensuing that iu which such election shall have been held, or the next lawful day afterwards. XXI y. Save as hereinbefore in that behalf provided, so much of '• The Commissioners Clauses Act, 1847," as relates to the election and rotation of the Commissioners, save so much thereof as relates to the scale of votes of owners and occupiere, shall be incorporated with and read as part of this Act ; and that wher- ever in the portions of said Act so incorporated, or in any other portions of said Act, or of " The Towns Improvement Clauses Act, 1847," hereinafter incorporated with this Act, the expres- sion " Special Act " occurs, same shall be construed, but so far only as relates to towns which shall adopt the provisions of this Act, to mean this Act, and shall be read as if, instead of such expression, there were inserted in such provisions the words " The Towns Improvement (Ireland) Act, 1854," as api^lied to any particular town adopting the provisions of this Act and of the Acts incorporated herewith. And with respect to the qualification of Commissioners, be it enacted as follows : XXV. Every person who shall have been for twelve months preceding the first day of Januai'y in the year in which such election is held the immediate lessor of lands, tenements, and hereditaments within such town, or mthin such boundaries of the same respectively as aforesaid, of the value of fifty pounds or upwards, according to the last poor law valuation, and who shall reside within five miles of the boundary of such town, and also any householder or occupier of full age rated to the relief of the poor in respect of a dwelling-house in the town at the net annual value of twelve pounds or upwai-ds, not being an eccle- XX i\ Tozvns Improvement {^Ireland) Act, 1854. siastic of any religious dt'iioniiuatiou, shall be eligible to be elected u Cominissioucr for the purposes of this Act, and may be proposed at such meeting by any householder or occui)ier qualified to vote under the provisiou lioreinbefore contained, and may be seconded by any other householder or occupier qualified to vote as aforesaid. XXVI. So much of "The Commissioners Clauses Act, 1847," as relates to the qualification of the Commissioners shall be incorporated with and read as part of this Act. XXV J II. Save as herein in that behalf provided, so nuicli of " The Commissioners Clauses Act, 1847," as relates to the meet- ings and other proceedings of the Commissioners, and tlieir liabilities, shall he incorporated with and read as part of this Act. And with respect to general assessments under this Act, be it enacted as folloAvs : LX. Once in each year the Commissioners shall assess all occu- piers of premises within the town, and the boundaries thereof as before determined on and declarijd and settled, rated in respect of such premises under the Acts for the relief of the destitute poor in the sums necessary to be levied for the purposes of tliis Act, other than byway of private or district assessments, and shall fix a day, not being less than one month from the date of laying on such assessment, on which the same shall be payable ; and the rate of assessment, and day so fixed by the Commissioners, shall be publiahed by handbills posted in the town, and by advertise- ment in any newspaper or newspapers published thei-eiu (if any), or otherwise in some newspaper or newspapers published nearest to such city or town : provided that such assessment other than private and district assessments shall not in any year exceed the rate of one shilling and sixpence in the pound where the enact- ments of this Act with respect to water have been ado])ted, or the rate of one shilling in the pound where sucli enactments with respect to water have not been adopted ; })rovided that all unoc- cupied houses, tenements, or premises, being at the time of such assessment unproductive to the lessors or landlords thereof, shall be exemj)t from taxation under this Act during the period that .such ])reniises are so unoccupied and unproductive, and no longer. LXI. The clerk of the union shall, on the requisition of the Commissioners, ])roducc the rate book of the union, and the said Commissioners shall annually cause to be made u]) a book of assessment, to be signed by the chairman and two othei's of the Commissioners, showing the net annual value of the whole pi'e- mises in the town under the })0or law valuation liable to be assessed under this Act, and according to which the assessments under this Act are intended to be levied ; and such book of assessment shall be open to inspection by all ratepayers, in the hands of the clerk ; and the Commissioners shall have power to 17 and 1 8 Vict., c. 103. xxv rectify any mistake or error, upon the ground of any variance from the last assessment for poor rates, or on tlie ground of any change of occupation of premises since such last assessment for poor rates; and in each jcar a copy of the said book of assess- ment, as finally adjusted by the Commissioners, signod by the chairman and two Commissioners, and countersigned by the clerk, shall be delivered over to the collector, as the rule for levy- ing and collecting the annual assessment under this Act, and shall be deemed to be evidence of each and every sejiarate assessment for the purposes of this Act. LXIV. Whenever the net annual value of the i-ateable heredi- taments in any such town actually occupied by any person or per- sons shall not exceed four pounds the assessment under this Act in respect of such property shall be made on the immediate lessor or lessors of such person or persons ; and if at the time of making any such assessment the name of the immediate lessor be not accurately known to the persons making the assessment, it shall be sufficient to describe him therein as " the immediate lessor," with or without any name or further addition, and such assess- ment shall be held to be duly made on him by such description, and shall be recoverable from him accordingly, notwithstanding any error or defect in his name or description, or the entire omission of his name therein : provided, that wherever any occu- pier shall claim to be and shall be accordingly rated to the relief of the poor although the net annual value of the rateable heredi- taments occupied in any town by such person shall not exceed four pounds, the assessment under this Act shall be made upon the person so claiming to be rated to the relief of the poor. LXV and so much of the " Towns Improvement Clauses Act, 1847," as relates to the manner of making rates, shall be incorporated with and form part of this Act. MUNICIPAL ELECTIONS ACT, 1859. (22 Vict., c. 35.) Notice of Election. V, Seven days at least before the day fixed for the election of any councillor or councillors, the Town Clerk shall prepare, sign, and publish a notice in the form contained in Schedule (B.) to this Act annexed, or to the like effect, by causing the same to be placed on the door of the Town Hall and in some other con- spicuous parts of the borough or ward for which any such election is to be held. Election of Councillors, VI. At any election of councillors to be held for any borough or ward any person entitled to vote may nominate for the office of councillor himself (if duly qualified), or any other person xxvi Municipal Elections Act, \Z^<^. or persons so qualified (not exceeding the number of persons to be elected foi" the borough or ward, as the case may be), and every such nuniiuatiuu sliall be in writing, and shall state the Christian names and surnames of the ])e)'soiis nominated, with their re- si)ective places of abode and descrijitions, and shall be signed by the i)arty nominating, and sent to the Town Clerk at least two whole days (Sunday excluded) before the day of election ; and the Town Clerk shall at least one whole day (Sunday excluded) before the said day of election cause the Christian names and sur- names of the persons so nominated, with such statement of their respective places of abode and descriptions, and with the names of the party nominating them, respectively to be printed and i)laced on the door of tlie Town Hall, and in some other conspicuous l)arts of the borough or ward for which such election is to beheld. VII. Any nomination paper may be in the form contained in the schedule to this Act annexed, or to the like effect ; and the Town Clei'k shall provide so many nomination papers as may be required, and at the request of any person entitled to nominate, shall fill up a nomination paper in due form ■ provided, never- theless, that such paper shall be signed by the person nominating. VIII. At any election of councillors to be held for any borough or wai'd : 1. If the number of pei'sons so nominated shall exceed the number to be elected, The councillors to be elected shall be elected from the persons so nominated, and from them only : 2. If the number of persons so nominated shall be the same as the number to be elected, Such persons shall be deemed to be elected ; and the mayor or aldermen and two assessors, as the case may be, shall publish a list of the names of the persons so elected, not later than eleven of the clock in the morning of the said day of election : 3. If the number of persons so nominated shall be less than the number to be elected, Such ])ersons shall be deemed to be elected : such of the retiring councillors highest on the })oll at their elec- tion, or, if the poll were equal, or there were no i)oll, such as shall be nominated by the mayor, shall be dcem(!d to be re-elected to make up the number re- ' quired to be elected : and the mayor or alderman and two assessors, as the case may be, shall publish a list of the names of all the persons so elected re- sj)ectively, not later than eleven of the clock in the morning of the said day of election: 22 VtCt.y r. 35. XXVU If no persons be so nominated, The retiring councillors shall be deemed to be re-elected, and the mayor or alderman and two assessors, as the case may be, shall publish a list of the names of all the persons so elected, not later than eleven of the clock in the morning of the said day of election. SCHEDULES. Schedule A. Election of Councillors for the [Ward of to be held on the A.D. Borough of in the] day of Nomination Paper. Christian Name and Surname of Person nominated. Place of Abode of Person nominated. Description of Person nominated. Christian Name and Surname of Nominator. Address of Nominator. Dated the A.D. day of (Signed) Schedule B. Borough of to wit. in the County of | Election of Councillors for the [Ward of in the County of Borough of in the] Take notice 1. That an election of [three] councillors will be held for the said ward [or borough] on the day of A.D. in the said ward [or borough.] xxviii Local Government {Ireland) Act, 1871. 2. That any person entitled to voce may uouiinate for the said, office himself (if duly qualified), or any other person or persons so qualified, not exceeding \three\ in number. 3. That every such nomination must he in writing, and must state the Christian names and surnames of the persons nominated, with their resi)ective places of abode and descri})tions. 4. That any nomination paper must be signed by the party nominating, and may be in the following form or to the like etFect \set out Form as given in Schedule]. 5. That all nomination papers must be delivered to the Town Clerk on or before the day of next. Dated this day of , A.D. (Signed) A.B., Town Clerk. LOCAL GOVEKNMENT (IRELAND) ACT, 1871. 34 and 35 Vict., c. 109. * 3. In the construction of this Act — The term " Lord Lieutenant" shall mean the Lord Lieutenant of Ireland for the time being, and shall include the Lords Justices or other Chief Governors or Governor of Ireland for the time being ; The term " Chief Secretary " shall mean the Chief Secretary to the Lord Lieutenant ; The term " governing body/' in the several places mentioned in the first column of the schedule annexed to this Act, sliall mean the persons oi- bodies of persons in that behalf described in the second column of the said schedule ; The term " town," in relation to any governing body, shall mean the area within which such governing body has jurisdiction ; The term " si)ecial Act " in relation to any governing body shall mean and include any and every Act of Pai-liament under the provisions of which such governing body is constituted or in the execution of which such governing body is acting ; The term "principal Act" shall mean the "The Towns Improve- ment (Ireland) Act, 1854 ; " The term " Court " shall mean the Court of Common Pleas at Dublin ; The term "Rules of Court" shall mean rules to be made by the Court under the authority of Part I. of this Act ; and the term " prescribed " shall mean prescribed by the rules of Court. * Repealed by Public Health (Ireland) Act, 1878. 34 ^^^''''35 Vict., c. 109. xxix Audit of Accounts. 11. The accounts of the receipts .and expenditui-e of the govern- ing body of every town in Ireland, except the boroughs or munici- palities of Cork, Kilkenny, and Waterford, shall be audited and examined once in every year by the auditor of accounts relating to the relief of the poor for the union in which such town or the greater part thereof is situate, unless such auditor be a contractor for any articles or things supplied to, or be a member of the governing body of, such town, or iinless such auditor is unable to undertake the duties incident to such audit, in any of which cases such accounts shall be audited by such auditor of accounts relating to the relief of the poor for any other union, or by such other jKH'son as may, from time to time, be appointed by the Chief yecretaxy for that purpose. Controverted Elections. 20. Where any person who voted or who was qualified to vote at any election of members of the governing body of any town thinks that there was, in respect of the election of any member of such governing body, any undue or unlawful proceeding, or that such member was not at the time of such election duly qualified to act as such, it shall be lawful for such person, within one month after such election, to present a petition to the court complaining of such undvxe or unla^vful proceeding, or that such member was not duly qualified as aforesaid. Every such petition shall be in the prescribed form, and shall be delivered to the prescribed officer of the court. Every person so petitioning shall within three days after lodging such petition deliver a copy of such petition to the clerk of the governing body, and to any member of such governing body in respect of whose election such petition has been presented. At the time of the delivery of the petition to the prescribed officer, or mthin three days afterwards, security for the payment of all costs, charges, and expenses that may become payable by the petitionei" — («.) To any person summoned as a witness on his behalf, or (6.) To the member whose election or return is com])lained of, shall be given on behalf of the person presenting the petition. The security shall be to an amount of one hundred pounds ; it shall be given either by recognizance to be entered into by any number of sureties not exceeding four, or by a deposit of money in manner prescribed, or partly in one way and partly in the other. As soon as conveniently may be after the presenting of such petition and the giving of such security, but not sooner than ten days thei-eafter, the court or one of the judges thereof shall proceed to inquire into and decide upon the matters and allegations con- tained in such jietition, and shall have power to take evidence XXX Local Government {Ireland) Act, 1871. upon oatli, and to compel the attendance of witnesses, and shall have all and tlie same powers, jurisdiction, and authority as in other cases coining within tlie jurisdiction of the court, and shall either contirni the election, or order a new election, or make such order and give such rcilief in the premises as to them or liim may seem right, and such decision and orders shall in all respects be final and conclusive upon all parties. Wliere tlie court or judge has declared that the election of any member of the governing body of any town was void, such member shall cease to act as such, and tliere shall be a vacancy in such governing body, which vacancy shall be fiHed by the election of a new member by the persons qualified to vote at such election, according to the provisions of the special Act in respect of the election of members. 21. The court may from time to time make, and may from time to time revoke and alter, general rules and orders for the regulation of the practice, procedure, and costs of petitions under the authority of this part of this Act, and the trial tliereof. Any general rules and orders made as aforesaid shall be deemed to be within the jjowei-s conferred by this part of this Act, and shall be of the same force as if they were enacted in the body of tliis part of this Act. Any general rules and ordei's made in pui'suance of this section shall be laid before Parliament within thi-ee weeks after they are made, if Parliament be then sitting, and if Parliament be not then sitting, within three weeks after the beginning of the then next Session of Parliament. PART II. Additional and Special Provisions, Relating to the Local Government of Towns under the Principal Act or under special Acts incorporating said Act^ in whole or in part, 24. The Principal Act, so far as not inconsistent -with this part of this Act, and this Act shall be construed together as one Act. 2G. So much of section twenty-two of the principal Act as enacts that the payment of poor rates and grand jury rates by any person shall be necessary for the purpose of qualifying such person to vote at the election of commissioners shall be and the same is hereby repealed. 27. The clerk to the commissioners, at least fifteen days before the day appointed for the annual election of commissioners in each 34 <^it(i 35 Vict., c. 109. XXXI year, shall make out an al[)]iabetical list of the names of all persons, with their respective i-esidences, entitled to vote at such election in respect of premises within the town as they appear in the rates made for the purposes of the principal Act, and also of all i)ersons entitled to vote nt such election in respect of pro])erty within the town. Such list shall be evidence that the persons therein named are entitled to vote at the next annual election for commissioners, and also at any other election for one or more commissionera which may be held befoi'e the next annual list is made out. The clerk to the commissioners shall forthwith cause to be printed copies of the list to be made out by him in every year as aforesaid, and -shall deliver a copy of such list to all j^ei'sons requiring the same, on the payment of the sum of one shilling for each copy, and shall cause a copy of such list to be fixed on or near the outer door of the office of the commissioners, and in some other public and conspicuous situation within the town, on every day during the ten days next preceding the day appointed for the election of the commissioners in each year. SCHEDULE. Descrirtion of Places. Description of Governing Body. The City of Dublin, Towns corporate, with exception of Dublin. Towns having Commissioners appointed by virtue of an Act made in the 0th j-ear of the reign of George the Fourth, intituled " An Act to make provision " for the Lighting, Cleansing, and " Watching of Cities and Towns Cor- " porate and Market Towns in Ireland ' ' in certain cases. " Towns having municipal commissioners under 3 & 4 Vict. , c. 108. Towns having town commissioners under the Towns Improvement (Ireland) Act, 1854 (17 & 18 Viet., c. 103), or under any Local Act. Townships having commissioners under Local Acts. The Right Honorable the Lord Mayor, Aldermen, and Burgesses acting by the Town Council. The Mayor, Aldermen, and Burgesses acting by the Town Coxmcil. The Commissioners. The Municipal Commissioners. The Town Commissioners. The Township Commissioners. xxxii Ballot Act, 1872. BALLOT ACT, 1872. 35 it 3G Vict., c. 33. An Act to amend tlie law relating to procedure at Parliamentary and Municii)al elections, [18th July, 1872.] *2. In the case of a poll at an election the votes shall be given by ballot. The ballot of each voter shall consist of a paper (in this Act called a ballot paper) showing the names and description of the candidates. Each ballot paj)er shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face. At the time of voting, the ballot paper shall be marked on both sides with an official mark, and delivered to the voter within the polling station, and the number of such voter on the register of voters shall be marked on the counterfoil, and the voter having secretly marked his vote on the paper, and folded it up so as to conceal his vote, shall place it in a closed box in the presence ()f 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 Avhich anything, except the said number on the back, is written or marked by which the voter can be identified, shall be void and not counted. After the close of the poll the ballot boxes shall be sealed uj), so as to pi'event the introduction of additional ballot papers, and shall l>e taken charge of by the returning officer, and that officer shall, in the presence of such agents, if any, of the candidates as may be in attendance, open the ballot boxes, and ascertain the result of the poll by counting the votes given to each candidate, and shall forthwith declare to be elected the candidates or candi- date 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 ai'ising in respect of any l)allot paper shall be final, subject to reversal on ])etition question- ing 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 return- ing officer. • [Section 1 deals with the nomination of candidates for Parh'ameutary elections only.] 35 and id Vict., c. 33. xxxiii OJfetices at Elections. 3. Every person who, — (1.) Forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the returning otiicer any nomination 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 ]iaper ; or (G.) 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 retui'n- ing otiicer 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 ocher person, to imprison- ment 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, l)allot 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. 4. Every officer, clerk, and agent in attendance at a polling station shall maintain, and aid in maintaining the secrecy of the voting in such station, and shall not communicate, except for some purpose authorised by law, befoi'e the poll is closed, to any j',erson any information as to the name or number on the i-egister of voters of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark, and no such officer, clerk, or agent, and no person whosoever, shall inter- fere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling station informa- tion as to the candidate for whom any voter in such station is about to vote or has voted, or communicate at any time to any pex'son any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as to the number on the back of the ballot paper given to any voter at C xxxiv Ballot Act, '[Z'/ 2. such statitju. Every oiliuer, clerk, and agent in attcnilance at tlio coinitiug of tlie votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the numbi^r on the hack of any ballot paper, or com- municate any information obtained at such coiniting as to the candidate for whcnu any vote is given in any particular ballot paper. No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same, so as to make known to any person the name of the candidate for or against whom he has so marked his A-ote. Every person who acts in contravention of the proA^sions of this section shall bo lial>le, on summary conviction before two justices of the peace, to imprisonment for any term not exceeding six months, with or without hard laboui-. (Sec. 5 deals with the division of counties and boroughs into polling districts for Parliamentary elections in England.) *G. The returning ollicer at a parliamentary election may use, free of charge, for the purpose of taking the poll at such election, any room in a school receiving a grant out of moneys provided by Parliament, and any room the expense of maintaining which is payable out of any local rate, but he shall make good any damage done to such room, and defray any expense incurred by the per- son or body of persons, C(jrporate or unincorporate, having control over the same on account of its being used for the jjurpose of taking the poll as aforesaid. The use of any room in an unoccupied house for the pur})ose of taking the poll shall not render any person liable to be rated or to pay any rate for such house. *7. At any election for a county or borough, a person shall not be entitled to vote unless his name is on the register of voters for the time being in force for such county or borough, and every person whose name is on such register shall be entitled to demand and I'eceive a ballot pajJO" and to vote : Provided that nothing in this section shall entitle any person to vote who is pi'ohibited 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. Duties of Returning and Election Officers. 8. Subject to the provisions of this Act, every returning officer .shall provide such nomination papers, polling stations, ballot boxes, ballot pajjcrs, stam^jing instruments, copies of register of voters, and other things, appoint and pay such officers, and do such other acts and things as may be necessary for effectually con- ducting an election in manner provided by this Act. All expenses properly incurred by any returning officer in carry- !» Sections 6 and 7 apply to Parliamentary elections only. 35 and 'ij6 Vict., c. 33. xxxv ing into effect the provisions of tliis Act, in tlie case of any parlia- mentary election, shall be jtayable in the same manner as expenses incurred in the erection of polling booths at such election are by law payable. [* Where the sheriffis returning officer for more than one county as defined for the purposes of parliainenta.ry 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 rela- tion to such election. Eveiy such deputy, and also any under sheriff, shall, in so far as he acts as returning officer, be deemed to be iuchided in the term returning officer in the provisions of this Act relating to pai'liamentary elections, and the enactments with which this pait of this Act is to be construed as one.] 9. If any person misconducts himself in the polling station, or fails to obey the lawful orders of the presiding officer, he may im- mediately, by order of the presiding officer, be removed from the polling station by any constable in or near that station, or any other person authorized in writing by the returning officer to remove him : and the person so removed shall not, unless with the [)er- mission of the presiding officer, again be allowed to enter the polling station during the day. Any person so removed as afox'esaid, if charged with the com- mission in such station of any offence, may be kept in custody until he can be brought before a justice of the peace. Provided that the powers conferred by this section shall not be exercised so as to prevent any elector who is otherwise entitled to vote at any polling station from having an opportunity of voting at such station. 10. For the purpose of the adjournment of the poll, and of every other enactment relating to the poll, a presiding officer shall have the power by law belonging to a deputy returning officer ; and any presiding officer aiid any clerk appointed by the returning officer to attend at a polling station shall have the power of asking the questions and administering the oath authorised by law to be asked of and administered to voters, and any justice of the peace and any returning officer may take and receive any declaration authorised by this Act to be taken befoi*e him. 11. Every returning officer, presiding officer, and clerk who is guilty of any wilful misfeasance or any wilful act or omission in contravention of this Act shall, in addition to any other penalty or liability to which he may be subject, forfeit to any pex-son aggrieved by such misfeasance, act, or omission a jienal sum not exceeding one hundred pounds. * The reinaiutler of this section applies only to Parliamentary elections. o2 xxxvi Ba/Iot Act, 1^72. Section fifty of tlie Representation of the People Act, 18G7, (wliich relates to the acting of any returning officer, or his partner or clerk, as agent for a candidate,) sliall ai)[)ly to any returning officer or officer appointed by him in pursuance of this Act, and to his partner or clerk. Miscellaneo^i,s. 12. No person who has voted at an election shall, in any legal })roceeding to question the election or return, l)e required to state for whom he has voted. 13. No election shall be declared invalid by reason of a non- conii)lianco with the i-ules contained in the First Schedule to this Act, or any mistake ixi the nse 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 accordance with the princi})les laid down in the body of this Act, and that such non- comjjliance or mistake did not affect the result of the election. 14. Where a parliamentary borough and municipal borough occupy the whole or any part of the same area, any ballot boxes or fittings for polling stations and compartments provided for such parliamentary borough or such municipal borough may be used in any municipal or parliamentary election in such borough free of charge, and any damage other than reasonable wear and tear caused to the same shall be paid as part of the exjjenses of the election at which they are so used. 15. This part of this Act shall, so fai- as is consistent Avith the tenor thereof, be construed as one with the enactments for the time being in force relating 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 of this Act shall have the same meaning as in the said enactments ; and in construing the said enactments relating to an election or to the poll or taking the votes by poll, the mode of election and of taking the poll established by this Act shall for the purposes of the said enactments be deemed to be substituted for the mode of election or ])oll, or taking the votes by poll, referred to in the said enactments; and any person a})])lying for a liallot })aper under this Act shall be deemed "to tender his vote," or "to assume to vote," within the meaning of the said enactments; and any ai)plication for a ballot paper under tliis Act, or expi'cssions rekitive thereto, shall be equivalent to " voting " in the said enactments and any expressions relative thereto ; and the term " polling booth " as used in the suid enact- ments shall be deemed to include a polling station ; and the term " pi-oclamation " as used in the said enactments shall be deemed to include a public notice given in pursuance of this Act. 35 <^Jid 36 Vict., c. ^i- XXX vii (Section 16 deals with Application of part of Act to Scotland.) Application of Part oj Act to Ireland. [17. I This pai-t of this Act shall apply to Ireland, subject to the following modifications : — (1.) The expression "Clerk of the Crown in Chancery" shall mean the Clerk of the Crown and Hanaper in Ireland : (2.) The preceding provisions of this part of this Act with respect to the division of counties and boroughs into polling districts shall not extend to Ireland ;] (3.) In the construction of the preceding provisions of this part of this Act as applying to Ireland, section thii'teen of " The Repi-esentation of the People (Ireland) Act, 18G8," shall be substituted for section fifty of "The Representation "of the People Act, 1867," wherever in such provisions the said last-mentioned section occurs. [The provision contained in the sixth section of this i^.ct pro\dding for the use of school rooms free of charge, for the purpose of taking the poll at elections, shall not apply to any school adjoining or adjacent to any church or other place of worship, nor to any school connected with a nunnery or other religious establishment : (4.) No returning oflicer 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 notwithstanding, nor shall the expenses of providing sufficient polling stations or booths and compartments at every polling place exceed the sum or sums now given and allowed by statute in Ireland.] (Section 18 enacts provisions as to polling districts and polling places in Ire- land, which refer only to parliamentaiy election.) Part II. Municipal Elections. 20. The poll at every contested municipal election shall, so far as circumstances admit, be conducted in the manner in which the poll is by this Act directed to be conducted at a contested parlia- mentary election, and, subject to the modifications expressed in the schedules annexed hereto, such provisions of this Act and of * Section 17 (with the exception of a portion of subsection 3), only applie3 to parliamentary elections). xxxviii Ballvt Act, 1872. the Siiid scliediiles ;is ivlate to or are conceruecl with a poll at a parliamentary election shall apply to a poll at a contested luuiii- cipal election : Provided as follows : (1.) The tei"m " returning officer " shall mean the mayor or other officer who, nnder the law relating to municipal elections, pi-e.sides at such elections : (2.) The term " petition questioning the election or return " shall mean any proceeding in which a niuricipal election can be questioned : (3.) The mayor shall provide everything which in the case of a parliamentary election is required to be provided by the returning officer for the purpose of a poll : (4.) All expenses shall be defrayed in manner provided by law with respect to the expenses of a municipal election : (5.) No return shall be made to the Clerk of the Crown in Chancery : (G.) Nothing in this Act shall be deemed to authorize the ap- pointment 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 appoint- ment is given to the returning officer, the provisions of this Act, with respect to agents of candidates shall, so far as res- pects 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 (i.) 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 coudiicted if this Act had not passed. 21. Assessors shall not be elected in anj^ ward of any municipal borough, and a municipal election need not be held Ijcforc; tlie assessors or their deputies, but maj' be held before the mayor, alderman, or other returning officer only. (Sec. 22 deals wdth the application of this part of Act to Scotland.) Ajjplication of Part of Act to Ireland. 23. This part of this Act shall apply to Ii eland, with the fol- lowing modifications : — (1.) The term "mayor" shall include the chairman of commis- sioners, chairman of municipal commissioners, chairman of (own coiimiissiouers, and chairman of township com- tuibbioners : 35 and ^6 Vic/., c. i;^. xxxix (2.) The provisions of " The Municipal Corporation Act, 1859," following ; that is to say, section tivc 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 ap[)ly to every municipal borough in Ireland, and shall be substituted for any provisions in force in relation to the nomination at municipal elections : Provided always, that the term " councillor " in these sections shall for the purposes of this section include alderman, commis- sioner, municipal commissioner, town commissioner, township commissioner, or assessor of any municipal borough. Part III. Personation. 24. The following enactments shall be made with respect to personation at parliamentary and municipal elections : A person shall for all purposes of the laws reJaling to parlia- mentary and municipal elections be deemed to be guilty of the offence of personation who at an election for a county or borough, or at a municipal election, applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who having voted once at any such election applies at the same election for a ballot paper in his own name. The offence of personation, or of aiding, abetting, counselling, or procuring the commission of the offence of personation by any person, shall be a felony, and any person convicted thereof shall be punished by imprisonment for a term not exceeding two years together with hard labour. It shall be the du+y of the returning officer to institute a prosecution against any person whom he may believe to have been guilty of personation, or of aiding, abetting, counselling, or procuring the commission of the offence of persona- tion 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 theii- trouble and loss of time, shall be allowed by the court in the same manner in which cou.rts are empowered to allow the same in cases of felony. The provisions of the Registration Acts, specified in the third schedule to this Act, shall in England and Ireland respectively .•ipply to pei'sonation 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. The offence of personation shall be deemed to be a corrupt practice within the meaning of the Parliamentary Elections Act, 1868. xl 1j allot Act, 1S72. If, ou the trial of any cleciiuu ])etitioii questioning the election or return for any county or borough, any candidate is found by the report of the judge by liiniself or his agents to have been guilty of })ersonation, or by himself or his agents to have aided, abetted, counselled, or procured the commission at such election of tlie offence of personation by any person, such candidate shall be incapable of being elected or sitting in Parliament for such county oi' borough during the Parliament then in existence. 25. Where a candidate, on tlie trial of an election petition claiming the seat for any person, is proved to have been guilty, by himself or by any person on his behalf, of bribery, treating, or undue influence in respect of any })erson who voted at such election, or where any person retained or employed for reward by or on behalf of such candidate for all or any of the purposes of such election, as agent, clerk, messenger, or in any other employment, is proved ou svich trial to liave voted at such election, there shall, on a scrutiny, be struck off from the number of votes a])pearing to have been given to such candidate one vote for every person who voted at such election and is proved to have been so bribed, treated, or unduly influenced, or so retained or em])loyed for reward as aforesaid. (Sec. 26 — refers to alterations in this part of the Act as applying to Scotland.) (Sec. 27 — to construction of this part of the Act as regards Parliamentary elections.) Part IV. Miscellaneous. 28. The schedules to this Act, and the notes thereto, and dii'ections therein; shall be construed and have effect as part of this Act. 29. In this Act— The expression " municipal borough " means any place for the time being subject to the Municipal Coi-poration Acts, or any of them : The expression " Municipal Corporation Acts " means — * (c.) As regards Ireland, the Act of the session of the third and fourth years of the reign of Her present Majesty, chapter one hundred and eight, intituled "An Act for the Ilegulation of Municipal Corporations in Ireland," the Act of the ninth year of George the Fourth, chapter eighty-two, The Towns Improvement (Ireland) Act, 185 4, and every local and personal Act providing for the election of Commissioners in any towns or places for purposes similiar to the purposes of the said Acts. * Sub-soctious («) and (6) refer to England and Scotland. 35 and id Vict., c. n. xli The expression " municipal election " means — (c.) As regards Ireland, an election of any person to serve tlie office of alderman, councillor, commissionei*, municipal com- missioner, town commissioner, township commissioner, or assessor of any municipal borough. 30. This Act shall api)ly to any parliamentary or municipal election which may be held after the passing thereof. 32. The Acts specified in the fourth, fifth, and sixth schedules to this Act, to the extent specified in the third column of those schedules, and all other enactments inconsistent with this Act, are hereby repealed. Provided that this repeal shall not affect — (a.) Anything duly done or suflfered under any enactment hereby repealed ; or (6.) Any right or liability acquired, accrued, or incurred under any enactment hereby repealed ; or (c.) Any penalty, forfeiture, or punishment incurred in respect of any oifence committed against any enactment hereby re- pealed ; or {d.) Any investigation, legal proceeding, or remedy in resj>ect of any such right, liability, penalty, forfeiture, or punishment as aforesaid ; and any such investigation, legal proceeding, and remedy may be carried on as if this Act had not passed. 33. This Act may be cited as The Ballot Act, 1872, and shall continue in force till the thirty-first day of December, one thousand eight hundred and eighty, and no longer, unless Parliament shall otherwise determine ; and on the said day the Acts in the fourth, fifth, and sixth schedules shall be thereupon revived ; provided that such revival shall not affect any act done, any rights acquired, any liability or penalty incurred, or any pro- ceeding pending under this Act, but such proceeding shall be carried on as if this Act had continued in force. FIRST SCHEDULE. Part I. KuLES FOR Parliamentary Elections. Election. (Sections 1 to 13, both inclusive, refer to nominations in Parliamentary elections). The Poll. 14. The poll shall take place on such day as the returning officer may appoint, not being in the case of an election for a xlii Ballot Act, \%-/2. 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 Ijorough other than a district borough more tlian three clear days after the day fixed for the election. 15. At every polling place the returning officer shall pi-ovidc a sufficient number of ])olliHg stations for the acconnnodation of the electors entitled to vote at such pulling place, and shall distribute the i)olling stations amongst those ehictors 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 obser/ation, as the returning officer thinks necessary, so that at least one compartment be provided for every one hundi'ed 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 decription 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 lihe ballot papers, with instruments for stamping thereon the official mark, and with copies of the register of voters, or such \)^\t thereof as contains the names of the votei's 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 retui'ning officer shall appoint a lu'csiding officer to preside at each station, and the officer so appointed shall kee^) Oi'der at his station, shall regulate the numljer of electors to bo admitted at a time, and shall exclude all other persons except the clerks, the agents of the candidates, and the constables on duty. 22. Every ballot paper shall contain a list of the candidates described as in their respective nomination paj)ers, 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 cii'cumstances admit, and shall be ca])able of being folded up. 23. Every ballot box shall be so constructed that the ballot papers can be introduced therein, but cannot be withdrawn there- from; without the box being unlocked. The pi'esiding officer at any 35 i^nd 36 Vict., c. II. xliii polling statioQ, just l)efore the commencement of the poll, shall show the ballot box empty to such persons, if any, as may bo present in such station, so that they may see that it is empty, and shall then lock it up, and place his seal upon it in such manner as to prevent its being opened without breaking such seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed. 24. Immediately before a ballot paper is delivered to an elector, it shall be marked on both sides with the official mark, either stamped or perforated, and the number, name, and descri])tion of the elector as statd in the copy of the I'egister shall be called out, and the number of such elector shall be mai-ked on the counterfoil, and a mark shall be ])laced in the register against the number of the elector, to denote that he has received a ballot paper, but without showing the particular ballot paper which he has received. 25. The elector, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station, and there mark his paper, and fold it up so as to conceal his vote, and shall then put his ballot paper, so folded up, into the ballot box ; he shall vote without undue delay, and shall quit the polling station as soon as he has put his ballot paper into the ballot box. 26. The presiding officer, on the application of any voter who is incapacitated by blindness or other physical cause from voting in manner prescribed by this Act, or (if the poll be taken on Saturday, of any voter A\ho declares that he is of the Jewish persuasion, and objects on religious gi-ounds to vote in manner prescribed by this Act, or of any voter who makes such a declai-a- tion as hereinafter mentioned that he is unable to read, shall, in the presence of the agents of the candidates, cause the vote of such voter to be marked on a ballot paper in manner directed by such voter, and the ballot paper to be placed in the ballot box, and the name and number on the register of voters of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered on a list, in this Act called " the list of votes marked by the presiding officer." The said declaration, in this Act referred to as " the declaration of inability to read," shall be made by the voter at the time of polling, before the presiding officer, who shall attest it in the form hereinafter mentioned,an d no fee, stainp, or other payment shall be chai'ged in respect of such declaration, and the said declaration shall be given to the j)residing officer at the time of voting. 27. If a person, represent'mg himself to be a particular elector named on the register, applies for a ballot paper after another person has voted as such elector, the applicant shall, upon duly answering the questions and taking the oath jjermitted by law to be asked of and to be administered to voters at the time of xiiv Ballot Act, 1872. polling, be entitled to mark a bullot paper in the same maimer as any other voter, but the ballot jjaper (in this Act called a tendered ballot paper) shall l)e of a colour differing from the other ballot papers, and, instead of being put into the l)allnt 1)ox, shall be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of voters, and set aside in a separate packet, and shall not be counted by the returning officer. And the name of the voter and his number on the register shall be entered on a list, in this Act called the tendered votes list. 28. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot pa})er, may, on delivering to the presiding othcer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot ])a])er so delivered up (in this Act called a spoilt ballot paper), and the spoilt l)allot paper shall be immediately cancelled. 29. The presiding officer of each station, as soon as })racticable after the close of t)ie poll, shall, in the presence of the agents of the candidates, make up into separate i)ackets sealed with his own seal and the seals of such agents of the candidates as desire to affix their seals, — (1.) Each ballot box in use at his station, unopened but with the key attached ; and (2.) The unused and spoilt ballot papers, placed together ; and (3.) The tendered ballot papers ; and (4.) The marked copies of the register of voters, and the counter- foils of the ballot papers ; and (5.) The tendered votes list, and the list of votes marked by the presiding officer, and a statement of the number of the voters whose votes are so marked by the i)residing officer nnder the heads " physical incapacity," " Jews," and " unable to read," and the declarations of inability to read ; and shall deliver such packets to the returning officer. 30. The packets shall be accompanied by a statement made by such presiding officer, showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers in the ballot box, unused, spoilt, and tendered ballot i)apers, which statement is in this Act referred to as the ballot paper account. ! Counting Votes. 31. Tlie candidates may respectively appoint agents to attend the counting of the votes. 32. The returning officer shall make arrangements for counting the votes in the presence of the agents of the candidates as soon 35 aytd iG V{ct.,c. 33. xlv as practicable after tlie close of the poll, and shall give to the agents of the candidates a})pointed to attend at the counting of the votes notice in writing of the time and place at which lui will begin to count the same. 33. The returning officer, his assistants and clerks, and the agents of the candidates, and no other person, except with the sanction of the returning officer, maybe present at the counting of the votes. 34. Before the returning officer [)roceeds to count the votes, he shall, in the presence of the agents of the candidates, open each ballot box, and, taking out the papers therein, shall count and record the number thereof, and then mix together the whole of the ballot papers contained in the ballot boxes. The returning officer, while counting and recording the number of ballot papers and connting the votes, shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the backs of such pa})ers. 35. The returning officer shall, so far as practicable, proceed continuously with counting the votes, allowing only time for refreshment, and excluding (except so far as he and the agents otherwise agree) the hours between seven o'clock at night and nine o'clock on the succeeding morning. During the excluded time the returning officer shall place the ballot papers and other documents relating to the election under his own seal and the seals of such of the agents of the candidates as desire to affix their seals, and shall otlierwise take proper precautions for the security of such papers and documents. 36. The returning officer shall endorse "rejected" on any ballot paper which he may reject as invalid, and shall add to the endorsement " rejection objected to," if an objection l)e in fact made by any agent to his decision. Tiie returning officer shall report to the Clerk of the Crown in Chancery, the number of ballot papers rejected and not counted by him under the several heads of — / 1. Want of official mark ; 2. Voting for more candidates than entitled to ; 3. Writing or mark by which voter could be identified ; 4. Unmarked or void for uncertainty ; and shall on request allow any agents of the candidates, befoi-e such report is sent, to copy it. 37. Upon the completion of the counting, the returning officer shidl seal up in separate packets the counted and rejected ballot papers. He shall not open the sealed packet of tendered ballot papers or marked copy of the register of voters and counteifuils, but shall proceed, in the presence of the agents of the candidates, to verify ^the ballot paper account given by each presiding officer xlvi Ballot Act, 1872. V»y coiiii)ariug it witli the luiiiiber of ballot papers recorded by him as aforesaid, and the unused aud sj)oilt ballot pa[)ei'S in his possession and the tendered votes list, and shall res(;al each sealed ])acket after examination. The returning olHcer shall report to the Clerk of the Crown in Chancery the result of such verification, and shall, on request, allow any agents of the candidates, befoi'e such report is sent, to coj)y it. 38. Lastly, the returning olUcer shall forward to the Clei'k of the Crown in Chancery (in manner in which the poll books are by any existing enactment required to be forwarded to such clerk, or as near thereto as circumstances admit) all the packets of ballot papers in his possession, together with the said reports, the ballot paper accounts, tendered votes lists, lists of votes marked by the pi'csiding officer, statements relating thei-eto, declarations of inability to read, and packets of counteifoils, and marked copies of registers, sent by each presiding officer, endorsing on each packet a desciiption of its contents and the date of the election to which they relate, and the name of the coimty or borough for wliich such election was held ; and the term poll book in any such enactment shall be construed to include any document forwarded in pursuance of this rule. 39. The Clerk of the Crown shall i-etain for a year all docu- ments relating to an election foi'warded 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 l)allot papers in the custody of the Clerk of the Crown in Chancery, except under the order of the House of Commons or under the oi-der 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 papers is required for the purpose of instituting or maintaining a piosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return ; and any such order foi* the inspection or })roduction of ballot pa])ers may be made subject to siich conditions as to persons, time, place, and mode of inspection or prodiiction 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 bo 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 I'ctui-ns or undue elections, open the sealed packet of counterfoils after the same has been once sealed up, or be allowed to inspect any counted ballot papers in the custody of the Clerk of the Crown in Chancery ; such order may be made subject to such conditions as to persons, time, place, and mode of ojiening or -i)^ and }^6 ]^irf.,c. 33. xU-ii inspection liortcn the term Sections G and 7. f. 55. of residence re(piircil as a rjualilication for tlielNIiini- cipal Franchise, and to make provision for other purjjoses. 35 & .'iG Yict., The Ballot Act, 1872, Directions in the Schedule to the 0. 33. Act as to the form f)f nomination papers at !Mnni<. Qualifications for office of, 188. How elected, 188. Term of oflice of, 188. If incapable of acting, 188. ALIENS : Disqualified, 48-55, 67. Definition of, 08. Childron of, G8. Notice ly Town Clerk to, 09. If naturalized, may vote, 01). ARKEST : For disturbing proceedings at nomi- nations, 103. For personation, 144. For misconduct at polling station,140. ASSESSORS : Declaration to be made by, 187. Appointment of, 188. AUDITORS: Election of abolished— except in cer- tain towns, 00. How elected, 188. Wlio are disqualified for, 188. Where still elected, 189. B BALLOT ACT : Acts (Irish) repealed or amended by, Ap. Iv. Schedules to have effect as part of, 104. Rules to pniiit fiut manner of doing what sections enact -hull be done, 164. BALLOT EOXES : To be supplied bj' Returning Ofiicer, 117. Construction of, 129. To be shown empty before commence- ment of poll, 132. Should be kept in view of presiding officer, 132. To be locked and scaled during poll, 132. Undue interference with, 134. To be sealed up at close of poll, 148. To be delivered to Returning Officer at close of poll, 148. BALLOT PAPERS: To be provided by Returning Officer, 117. Voters not to be interfered with when marking, 125. Voter not to be induced to display — after marking, 125. To contain list of candidates, 120. Printed number on back of, 126. To have counterfoil attached, 120. Prescribed form of, 127. To bo made up in form of cheque books, 128. To be numbered consecutively, 128. If insutficient supply of — election avoided, 128. Official stamp for marking — to be kept secret, 129. Voter to state his name and address when applying for, 132. Not be given out after 8 o'clock, p.m., 132. To be marked on both sides with official mark, 133. Counterfoil to have register number of elector entered on, 133. How to be marked, 133. To be marked secretly — mandatory, 133. Penalties for offences in regard to, 134. Who are entitled to receive, 134. Names of persons twice nominated not to be printed on, 134. Questions which may be asked voter on applying for, 135, In certain cases may be marked by presiding officer, 141. Tendered, 142. to be of a different colour, 142. not to be counted, 142. may be counted on scrutiny, 142. if put bv mistake into ballot bo.x, 142. omission to endorse applicant's name on, 143, To apply for — is to tender to vote, 143. If spoilt, how to be dealt with, 147. Unused and spoilt — to be placed together, 148. To be made into packets after clos- ing of the poll, 148. Account of — by presiding officer, 149. During intervals in counting — to be properly secured, IGO. To be mixed and counted before votes are counted, 161. Index. Ixxxvii BALLOT PAPERS— confJrtMcd Faces of— to be kept upward in counting, 1G3. Agents not to interfere with, 163. Returning Officer must liimself decide as to validity of, IG3. his decision final in regard thereto, 1C3. On what grounds to be rejected, 1G3. Principles for determining validity of, 164. Not to be marked so as to lead to identification, 1G5. Peculiarly marked— illustrations of, 166. If torn across, 171. If vote uncertain as to any candi- date, not to be counted, 177. Decisions in regard to, 166-179. Marked on back, 178. with peculiar ink, 178. without discolouring the paper, 179. with register number of voter, 179. When wrapped up in declaration of inability to read, 179. Liability of presiding officer for want of official mark on, 180. If not marked on back with official stamp, 181. on face, 181. Omission by presiding officer to enter voter's number on counter- foil, 181. If name of candidate entered twice on, 182. Endorsement on, rejected, 183. To be sealed up in packets after counting of votes, 183. Returning Officer to verify account of, 183. Who to have custody of, 185. When mav be destroyed, 185. Inspection of counterfoils and counted ballot papers ; how to be obtained, 207. BALLOT PAPER ACCOUNT: TO be furnished by presiding officer,. 148. Form of, 149. To be verified by Returmng Officer, 183. BANKRUPT (see Disqualificatioiis). If uncertified— disqualified, 78. Compounding with creditors not a disqualification under Towns Im- provement (Ireland) Act, 1854, 78. B\NK HOLIDAYS: To be computed as ordinary days, 109. BET (see Wager). BLACKROCK TOWNSHIP : Two classes of voters in, 56. Immediate lessors, property qualifi- cation of, 57. payment of rates by, 57. names of, to be on Township Ratebook, 57. Notice to, 58. Rated occupiers, qualifications of , 59. Women, disqualided to vote, 59. Claim to be rated for relief of the poor — when it may be made, 59. Form of application, 60. Occupation, does not imply resi- dence, 60. Weekly or monthly tenants not qualified, 61. Receipt of parochial relief does not disqualify, 61. Bankruptcy not a disqualification for voting, 61. Voter, if qualified for two wards, 61. Payment of poor rates by voter in, 62. Township rates, 62. When to be paid, 63. Notice in regard to payment of, 67. Aliens disqualified, 67. Felons disqualified, 70. Joint occupiers not entitled to vote 7L Police not disqualified, 71. BLINDNESS (see Voters). BOOTHS (see rolling Slatlom). BOROUGH: Municipal, defined, 23. Division of, into four clas.ses, 24. Division of, into polling districts, 118 (See Polling iltationis). BRIBERY: Appointment of scheduled briber as agent — prohibited, 84. Retainer to voter to act as agent — thereby to prevent him from voting, not, 84. Defined, 192. Penalty for, 193. Person receiving bribe, deemed guilty of, 193. Corrupt payment of rates is, 193. G 2 Ixxxviii hidcx V>VAV,\'.\\X—cnnthmed. When candidate liable for — by his agent, i;i4. A single act of — clearly proved, avoids election, 195. Conveyance of voters to and from poll, when, 19G. When not, 196. "Wager may be, 197. Payment of voter's travelling ex- penses, when, 19G. For colourable services is, 107. Payment to elector's children for services, may be, 197. Payment to Induce a person to per- sonate his father and vote, is, 197. Paving excessive prices for services i's, 197. Offer of bribe to disqualitied person is, 197. Payment to workmen for wages lost through coming to vote is, 197. Promising advantage to elector with- out condition is, 197. General — though not traced to can- didate, avoids election, 198. At common law, 198. Time of giving bribe unimportant, 198. BURGESS ROLL : How to be prepared, 24. Form of book to be prepared by Town Clerk for, 25. Names of what persons to be entered therein, 24. Separate books for each ward, 2G. Rate Collector to be summoned to make entries of payment of rates in the books, 26. Treasurer of borough to attend, 26. If no Treasurer, Mayor to attend, 2G. Entries in book to be signed, 26. Notice to be given hy Town Clerk on completion of entries, 26. Book may be perused without fee, 26. Town Clerk to supply copy or extract, if required, on pay- ment of fee, 27. Penalty on Mayor, Treasurer, or Collector for neglect of duties in regard to, 27. Town Clerk to make alphabetical list of iiersons entitled to be enrolled on — on or before 20th Sept., 27. To deliver copy to Mayor, 27. Original list may be perused without fee between 20th and 30th Sejtt., 27. BURGESS ViO\A.~continutd. List to be published for eight days next preceding 1st October, 27. Notice may be given by persons whose names are omitted from list, 27. Notice — as to persons whose names are objected to, 27. Publication of names of claimants, 28. of persons objected to, 28. Revision of lists by Court (see Re- vision Court). Lists when revised by Court to be delivered to Town Clerk, 29. Names to be entered in book, 29. To be completed before 20th Nov., 29. If not made out, old one to remain in force, 29. Mayor to provide copies of, for each polling station, 29. Burgesses omitted from — remedy of, 30. Right of anyone to be on — may bo questioned, 30. Freemen's — (see Freemen^ s Roll). Conclusiveness of, 137. CANDIDATES defined, Ap. lix. If disqualified — votes given for, after notice, thrown away, 78. Form of notice of disqualification to be given, 79. Not liable for acts of treacherous agent, 83. Nomination of (see Nominatiaii). May undertake duties of agent, 84. Penalty on — for employment of voter as paid canvasser, 84. ISIav be present at nominations, 104. ^VitlKlrawal of, 108. Right of — to be present at poll, 126. to be present at counting of votes, 126. Penalty for corrupt practices (see Corrupt Practices). CANVASSERS defined, Ap. lix. CIRCULARS: Fraudulent (see Fraudulent Devices). CLERGY: Disqualified for election, 75-77. Not disqualified for election under 9 Geo. IV., c. 82, 75. Dissenting minister — meaning of, 76. Undue influence of, 200. Index, Ixxxix COMMISSIONERS (see Town Coun- cillors). COMPARTMENTS: Polling— how many at each station, 119. How to be constructed, 1 20. CONSTABLES (see Police). CONTRACTS (see DisquaUficationi). Meaning of, 75. With Council — when a disqualifica- tion, 75-77. CONVEYANCE OF VOTERS to and from poll, 196. CONVICTS (see Fdons). CORRUPT PRACTICES : Appointment of agent to detect, 82. Defined, 191. Bribery (see Bribing). Treating (see Treating), Undue influence (see Undue Influence). Pers(mation (see Personation). Disqualifications incurred by candi- date through, 202. by any person guilty of, 202. COUNTERFOILS (see Ballot Papers). COUNTING VOTES (see Votes). DAYS: Meaning of " Days at least," 31. Clear — how to be reckoned, 31. Sunday — if election falls on, 31. DEAF AND DUMB (see Voters). DEATH : Of agent, 86. Returning Officer, 87-187. Presiding Officer, 92. DECLARATIONS : Of secrecy, by whom to be made, 1 23. form of, 124. when to be made, 124. ■ notice as to, 124. penalties for violation of, 125. omission by Returning Officer, &c. , to take, 125. Candidate need not make, 126. Of inability to read— form of, 142. — • — To be made in presence of agents, 141, Returning Officer to provide sufficient supply of forms of, 142. DECLARATIONS— co/(oiiitment of aj^'cnt, 82. Form of — to be given for elections under 3 & 4 Vie, c. 108, 90. In borouffhs not under, 110. If defective, 98. Of withdrawal of candidate, 108. Signature of, 111. Of persons nominated, 112. Of situation of p(jlling stations, 119. Be declaration of secrecy, 124. OATH : Abolition of, as regards Returning Officer, &c., 123. Who may administer, 135. When it may be administered, 135. OCCUPATION: W^hat constitutes — in boroughs under Municipal IJeform Act, 1841, 47. Meaning of, in towns under Towns Improvement (Ireland) Act, 1854, 53. OCCUPIEKS: Joint, if qualified under 9 Geo. IV., 0. 82, 43. qualified tovotc under Municipal Reform Act, 1840, 48. under Towns Improvement (Ireland) Act, 1854, 54. Person in oeiuiiation of furnislied house for more than a year is, Gl. Person who lets his house for more than one year ceases to be a, 01. Joint — not (lualilied to vote in Dhick- rock Township, 71. OFFHNCKS— (see Corrupt Practices). In regard to nomination papers, 109. As to infringement of secrecy, 125, 144. In regard to ballot papers, 134. OFFENCES_co;(. To be kept secret, 129. To be sliown to presiding officer, on back of ballot paper, 133. Presiding officer to stamp both sides of liallot paper, 133. Counterfeiting, 134 Ballot papers not marked with, 181. iMay be made by a perforating instrument, 181. PAIRING votes (see Voters'). PAROCHIAL relief (see Disqualifi- cations). PAUPERS: Disqualified under Municipal Reform Act, 1840,48. PAYMENT: Of Kates (see Rates). Returning Officer not paid, 92. Presiding Officer not paid, 92. Of election expenses, 117. poll clerks, 117. voter's travelling e.xpenses, 196. PENALTIES (see Ofences). PENCILS: To be provided for marking votes, 129. PERSONATION : Appointment of agent to detect, 82. Right of person to vote, though guilty of, 142. Delinition of, 143. Punishment for, 143. A felony, 143. Returning Officer to prosecute per- sons guilty of, 143. Costs and expenses of prosecution, 143. A corrupt practice, 143. Disqualification of candidate guilty of, Ap. L\. Compensation to persons unjustly charged with, 144. Index, XCllI PETITIONS: On the ground of votes being incor- rectlj' counted, 186. Grounds generally upon which an election may be questioned, 203. Time within wliich — must be pre- sented, 204. how to be computed for this purpose, 204. Who may present, 204. Persons on whom copies of — are to be served, 204. Security for payment of costs of, 204. Amount of, 204. Powers of Election Court in regard to, 204. Kules to be made by Court in regard to, 205. Examination and expenses of wit- nesses at trial of, 205. Abatement and withdrawal of, 205. Substitution of respondent on trial of, 205. Costs of, 205. Reception of Court for trial of, 205. Jurisdiction and general rules of Court on trial of, 206. Expenses of Court, 206. No person required to state for whom he has voted, in any pro- ceedings in connection with, 206. Inspection of documents in regard to — how to be obtained, 207. Fees for inspection of same, 208, POLICE : Qualified to vote, 54-71. Required, to attend at election, 123. to make declaration of secrecy, 124. POLL (see Polling Stations). Day of, 130. When, may be adjourned, notice as to, 147. POLL BOOKS: Meaning of expression under Ballot Act, 144. POLL CLERKS: Penalties for neglect of duty by, 93. Appointed by Returning Officer, 117. Payment of, 117. To" take declaration of secrecy, 124. Power to administer oath, 135. POLLING STATIONS: Flow to be distributed, 118. Place of Public Worship cannot be used for, 118. Room cannot be taken compulsorilv for, 118. May be in a public house, 118. Rooms may be hired for, 118. If excessive number of voters allot- ted to, 118. Irregularities in distribution of, 119. Notice of situation, division and allotment of, to be given to elec- tors, 119. Compartments, several may be con- itructed in one room, 119. number of— to be provided at each station, 119. construction of, 120. Faulty arrangements at, 121. To be arranged so as not to admit of violation of secrecy, 121. Plan of, 122. Name of ward to be posted outside of, 122. Directions for guidance of voters to be posted outside, and in the com- partments of, 122. Attendance of constables at, 123. Declarations of secrecy to be made before the opening of, 124. Tickets of admission to, 125. Candidate to be admitted to, 126. Articles to be provided at, 128. Irregularities in opening or closing of, 13L Presiding officer to keep order at, 146. Penalty for misconduct at, 146, Disturbance at, 146. POOR LAW RELIEF: What premises may be rated for, 49. Claim to be rated for, 60. Rates (see Rates). PRESIDING OFFICER: Returning officer may act as, 91. Appointed by Returning Officer, 92. Must be a Commissioner or Alder- man, 92. Not paid, 92. More than one may be appointed to each ward, 92. May act by poll clerk, except for arrest or expulsion of any person. 93. Declaration of secrecy by, 93. XCIV Index. 1' i: i:.S I IH N (J ori'ICKli— coutinucd. Puiialties for neglect of duties by, 93. Umissioii of, te \m\\, 132. To show ballot box empty, 132. To mark ballot papers with official mark, 133. Liable to prosecution if he refuses to take vote of person whose name is on list, 136. Votes to be marked by, 141. Declarations of inability to read to be attested by, 142. Endorsement by, on tendered ballot papers, 142. AVhen ho may ask prescribed ques- tions, and administer oath, 141. May order arrest of personators, 1 14. To maintain order at polling station, 1-lG. May adjourn poll in case of riot, 147. Is riot to destroy spoilt ballot paper, 147. Duties of — after close of poll, 147. Forms for report of, 149. Instructions to, 151. How far liable for omission to stamp ballot paper with odicial mark, 180. Liable for breach of ministerial du- ties, 180. Not liable for acts of poll clerk, 180. TREMISKS, valuation of (see Valu- ation.) PROPOSER, (see Nomination.) PUBLICATION of voters lists, 32. of notices, 32. PUBLIC HOUSE, (see rollint/ Sta- tion.) a QUALIFICATIONS of voters (see Voters). Of Town Councillors and Commis- sioners (sec Town Councillors). QUESTIONS : Which may be asked voter, 135. When and by whom they may be put, 135. To be asked in very words of Act, 136. Evasive answer to, 136. iSIeaning of questions, 141, RACKRENT: Meaning of, 56. RATES : Notice to be given in regard to pay- ment of- -under 3 & 4 Vic.,c. 108, 2G. Office to be kept open for payment of. 26. If not open, how payment to be made, 26. Vestry — abolished, 43. Poor — payment of , abolished in towns under Towns Improvement (Ire- land) Act, 1854, 50. Grand Jury — payment of, abolished in towns under Towns Improve- ment (Ireland) Act, 1854, 50. Town-hip — payment of, under Towns lmpro\ement (Ireland) Act, 1854, 50. Collector to give information as to persons not in occupation during qualifj'ing period, 61. Payment of — in the Blackrock To-vrn- ship, 62-7. REFRESHMENT (see Treating). REGISTER OF VOTERS (see Voteis List) defined, Ap, xlix. Meaning of — in Ballot Act, 23. RETURNING OFFICER : Dcjuity (see Presiding Officer). AVho is, b7. If dead or unable to act, 87- Want of title in, does not vitiate election, 88. If a candidate, 89. To prosecute personators, 90. Liability of, 90. May act as presiding officer, 91. To appoint presiding officers, 92 Not paid, 92. Declaration of secrecy by, 93. may be made before, 93. Penalties for neglect of duty by, 93. Not act as agent for candidate, 93. Decision of, in regard to nomination papers, 100. Not always final if he disallows objections, 100. Not entitled to decide objections in regard to qualifications of candi- date, 101. Decision final — in regard to disallow- ing an objection to form of nom- ination paper, 101. Index. xcv RETURNING OFFICER— coH<;/mer7. Difference of effect of disallowing an objection, and refusing to entertain it, 101. If different nomination papers are for same person, only one to be published, 103. Duty of — in regard to double nom- inations, 103. Powers of, when sitting to adjudicate on nominations, 103. Not liable for decision given bona fide, 104. May give decisions as to nominations after 4 o'clock, 104. Notice of withdrawal of candidate to be given to, 108. If no contest, to declare candidate elected, 115. Duties of — in a contested election, 117. To provide polling stations, 117. What he is to provide at polling station. 117. To appoint and pay poll clerks, 1 1 7. counting assistants, if necessary, 117, 1.^0. Expenses of election incurred by, 117. To give notice of situation of polling stations, and of the persons entitled to vote thereat, 119. Distribution of polling stations by, 118. To have directions to voters, posted up, 123. To provide attendance of constables, 123. Not required to take oath, 123. Omission to take declaration of se- crecy, how far material, 125. To kee'p official stamp secret, 129. Notice of appointment of agents to be sent to, 158. To give notice to agents of time and place of coitnting votes, 158. Votes to be counted by — as soon as possible after poll, 160. Counting of votes by— to be pro- ceeded with continuously, IGO. Diu-ing the intervals in the counting — to keep ballot papers, &c., pro- perly secured, 160. Must himself decide as to validity of ballot papers, 163. His decision tinal as to validity of ballot papers, 163. In case of equality of votes how to act, 182. Not prohibited from voting, 182. RETURNING OYmCEW— continued. Endorsement hy — on rejected ballot papers, 1S8 To report number of rejected ballot papers, and reasons for rejection, 183. To verify accounts of ballot papers, &c., furnished by presiding officer. 183. To report to council as to election, 183. To forward election documents, with report, to town clerk, 185. Must declare duly nominated candi- date elected, who obtains ma- jority of votes, IS6. To publish number of votes obtained by each candidate, 186. REVISION: Annual, of -soters' lists by barrister, 30. REVISION COURT: (Under 3 & 4 Vic, c. 108): How constituted, 28. When CO be held, 28. Notice to be given in regard to holding, 28. Lists to go before, 28. Proceedings of, 29, Lists, when revi-ed and signed, to be delivered to town clerk, 29. • RIOT : In event of, presiding officer may adjourn poll, 146. What constitutes, 147. Evidence in regard to, 156 ROOMS : Maybe hired for pulling stations, 118, When room is taken in an unoccupied house, 118. RULES : In Ballot Act to have same force as the Act, 164, s SCHEDULES IN BALLOT ACT: Same effect as part of Act, 164. SCHEDULED BRIBER : Not to be employed as an agent, 84. SCRUTINY (see Votes). XCVl Index SECONDEH (8ce SunhuUions). SECRECY (spo Declarutinns of). Vidliition of, by caiidM.itc, 84. I'ersims pupnj^cil at pollirg statinns to maiiitaiii. 12"). Voters not to be induced to display ballot paper, 125. When arrangements of polling sta- tions are defective for voting secretly, 121. Giving information asto persons who ha(l voted at i)olling stations, 141 to 14(5. No person on jictition required to state for whom he voted, 20(1. SECRETARY OF COMMISSION- ERS (see Tuwn Clerk). SIGNATURE—printed, sufficient on election notices, 111. STAMP (see Official Mark). TENDERED VOTES (see Voters and Ballot Papers). Ballot paper for — to be of a different colour, 142. List of, 143. TIME (see Days). Jjank holidaj's to be computed as ordinary days, 109. Hours of election fixed by Dublin mean time, 132. TOWN CLERK: Dnti(!S of, in regard to burgess roll, 24 to 29. Duties of, in regard to freemen's roll, 30. To prepare list of voters in certain towns, 31. Machinery for preparation of lists by — unsatisfactory, 32. Not liable for error in lists of voters, 33. Suggestions for preparation of lists by, 34. To publish notice of nominations, 9G, 110. Defective notice by, 98, Nomination papers to be delivered to, 98, 111. Notice to Ijc given by — to persons nominated, !I8, 112. Hours for delivery of nomination papers to, 98, 113. TOWN CLV.^K— continued. Should not allow nomination papers delivered to him out of his posses- sion, 102. Not authorized to deal with invalid nomination papers, 114. Duties of — in regard to election, 115. To be given charge of documents at close of election, 185. To retain documents for one year, 185. TOWN COUNCIL: Regulations by, as t« inspection of election accounts, 208. TOWN COUNCILLORS (Commis- sioners included under this head). Qualifications of — if resident, and entitled to vote, 7 2. if not resident under 3 & 4 Vic.,c. 108, 73. if not resident in towns under Towns Improvement (Ireland) Act, 1854, 73. if not resident in towns under 9 Geo. IV., c. 82,74. if not resident in townships under Local Acts, 74. Contracts, when a disqualification for, 75-7G. Disqualifications under 9 Geo. IV., c. 82, 74. in towns under Towns Improvement (Ireland) Act, 1854, 7G. in towns under Local Acts, 77. _ in towns under 3 & 4 Vic, c. 108, 75, 78. Disqualified by being in holy orders, 75, 77. by being an oflicer of the council, or holding a place of profit, 75-7G. if found guilty of corrupt practices, 77. Candidate disqualified for election if returning oflicer, 77. disqualified by compounding with creditors under 3 & 4 Vic, c. 108, 75. Interest in a newspaper, not a dis- (jualification, 77. Felons disqualified for, 78. Bankrupts — if uncertified, 78. Notice to be given of disqualification, 78. Conqiounding with creditors, not a disqualification under Towns Im- provement (Ireland) Act, 1854, 78. Index. xcvii TOWN COUNCILLORS— con^*H«P(f. Notice of disqualification of — form of, 79. bow to be given, 80. If disqualification is notorious, notice need not be given, 79. Fact of disqualification must be established at the time, 80. Notice should not be given unless disqualification is certain, 80. Counter notice may be given, 80. " Commissioners," " Township Com- missioners," "Town Commission- ers," and " Municipal Commission- ers," defined, 87. Penalty for acting as commissioner, without being qualified, 114. Co-option of, 191. TOWNSHIP RATES (see Rates). TREATING, defined, 198. Penalty on candidate for, 198. Meat, drink, &c., must be corrupt- ly given to constitute, 199. Refreshment given on days of nom- ination or polling, 199. Refreshment to women may be, 200. Promise of an entertainment after election may be, 200. UNDUE INFLUENCE defined, 200. Penalty for, 200. Clerical, 200. Intimidation, 200. Threatening to give up pew may be, 201. Watching voters at polling station, may be, 201. VACANCIES : occasional, how to be filled up, 190. Co-option of commissioner to be made at special meeting, 191. Resignation of commissioner may be accepted at ordinarj' meeting, 191. Must be filled by open voting, 191. VALUE — annual meaning of, 49. VALUATION — amount of, necessary to entitle any one to be rated for the relief of the poor, 52. VESTRY rate abolished, 43. VOTES (see Voters). casting (see Equality of Votes). petition for recounting of, 186. VOTES, COUNTING OF: Agents may attend at, 158. Notice of appointment of agent to be sent to returning officer, 158. Returning officer to give notice to agent of time and place of, 158. Non-attendance of agent at, 158. If agent dies, candidate may appoint successor to attend at, 159. Who may be present at, 159. Candidate may attend at, 159. Returning officer may appoint addi- tional assistants, 159. No one (except candidates) who has not made declaration of secrecy to be present at, 159. Votes to be counted as soon as pes sible after close of poll, IGO. Cannot be counted without agent's consent between 7 o'clock p.m. and 9 A.M., 160. To be proceeded with continuously, 160. During intervals in — documents to be sealed bj' returning officer, 160. • constable to be left in charge of documents, 161. Method of procedure to be adopted at, 161. Suggested form for, 162. Ballot papers to be kept face upwards during, 163. Agents not authorized to interfere with assistants engaged in, 163. are entitled to inspect face of bad and doubtful ballot papers at, 163. Returning officer's decision final as to validity of votes, 163. Ballot papers to be rejected at, 163. Votes may be struck out on scrutiny, 166. Peculiarly-marked ballot papers- when to be counted, 178. VOTERS : Qualifications of, 42-71. Qualifications of — in boroughs under 9 Geo. IV., c. 82, 42. Householders jointly rated — not qualified, 43. Under 3 & 4 Vic, c. 108, quali- fied, 48. xcvni Index, VOTERS -continued. Qualifications under Municipal Re- form Act, 1840,44. Towns Improvement (Ireland) Act, 1854, 49. Townships formed under local acts, 55. "Votes for disqualified Candidate thrown away, 78. Joint immediate Lessors («ee Immt- diate Lessors.") Notice to be given to, as to what station to vote at, 119. Directions for guidance of, 123. To state name and address when applying for liallot papers, 132. To show official mark on back of ballot paper to Presiding Officer, 133. To mark vote secretly, 1 33. To vote at polling station allotted to him, 134, 180. Questions he may be required to answer, 135. Cannot vote unless his name is on register, 137. Idiots, drunken persons, and lunatics, 140. "When deaf and dumb persons may vote, 140. Voting in two wards, 140. his father's name, 140. Not disqualified if inaccurately described on Register, 46, 140. Illiterate, 14 1. Incapacity to vote through blind- ness, 141, Jewish, 141. Personation by, 143. To vote without delay, 147. If ballot paper spoilt, liow to act, 147. Mu.-t be of full age, 5G. Not illegal to pair, 198. Not to be emploved as paid canvassers, 195. Penalty for employment of, 195. Conveyance of, to poll, 190. Travelling expenses of, to poll, 1 9C. Not required to disclose vote on petition, 20(J. VOTERS' LISTS: Sale of printed copies of, 30. Annual revision of — by revising barrister, 30. Where made out bv town clerk, 31. VOTERS' LISTS— contlmted. "When to be made out, 31. How to be made out, 31. To be printed, 31. Price to be cliarged for copies of, 31. Publication of, 31. When to be published, 31. Machinery for preparation of — un- satisfactory, 32. Town Clerk not liable for error in regard to, 33. Preiiaration of —a judicial act, 33. Conclusiveness of — on an election tribunal. 34. Dilliculties in regard to preparation of, 34. Suggestions in regard to, 34. Form of notice of claim suggested, 3G. of objection, 37. in which list to be published, 39. How to be prepared in boroughs under 9 Geo. IV., c. 82, 40. Mis-named on — does not disqualify voters, 4G, 140. Marked copies of — inspection of, 108, 208. Copies of to be supplied at polling station, 117. No person entitled to vote unless his name is on, 137. Conclusiveness of, how shown, 137. Packet of marked copies of — to be forwarded to town clerk, 185. w WAGER: When bribery, 197. WEEKLY TENANTS : Entitled to vote in municipal borough of Dublin, 48. Not qualified to vote under To-wns Improvement (Ireland) Act, 1854, 53. WITHDRAWAL OF CANDIDATE. 108. WOMEN: Disqualified to vote, 50. May vote in Belfast, 44. Baron Deasy's judgment in regard to voting of — under Towns Im- provement (Ireland) Act, 1854, 5L DUBLIN : Printed by Alex. Tuoii & Co. (Limited), 87, 88, & 89, Abbey-street, The Queen's Printing Office. THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below JMi 5 1947 OCT a 1953 Form I^-O 20m-l,Ml(1122) UMVi!.KSlTl' of LAJLlJ^UKNlA AT LOS ANGELES LIBRARY JS -4383 1891 The law and practice of municipal elections — in Ireland. AA 000 515 365 5 Oct 5 n *>ii- JS 4383 1891